ROL_2016-06-24_16k_Hr3-4.timecode

[00:00.000 --> 00:07.760]  The following news flash is brought to you by the Lone Star Lowdown, providing the daily
[00:07.760 --> 00:15.400]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.400 --> 00:23.280]  into the tides of the alternative.
[00:23.280 --> 00:29.800]  Markets for Wednesday the 22nd of June, 2016, are currently treading with gold at $1,265.56
[00:29.800 --> 00:36.960]  an ounce, silver, $17.28 an ounce, Texas crude, $48.85 a barrel, and Bitcoin dropped
[00:36.960 --> 00:45.600]  to $625 U.S. currency.
[00:45.600 --> 00:51.000]  Today in history, the year, last year, 2015, South Carolina Governor Nikki Haley calls
[00:51.000 --> 00:54.960]  for the removal of the Confederate flag from the State House grounds in the wake of the
[00:54.960 --> 00:57.800]  senseless killings in a Charleston historic church.
[00:57.800 --> 01:02.480]  It was this event which led to the nationwide ban on the Confederate Dixie flag.
[01:02.480 --> 01:11.160]  Today in history, and recent news, House Democrats had a sit-down on the floor of the House Chamber
[01:11.160 --> 01:12.160]  today.
[01:12.160 --> 01:16.000]  They effectively forced the House into a temporary recess as part of an effort to get Republicans
[01:16.000 --> 01:18.480]  to vote on gun control legislation.
[01:18.480 --> 01:22.520]  Representative John Lewis, Democrat from Georgia, a civil rights leader who led sit-ins all
[01:22.520 --> 01:26.840]  throughout the 1960s, led the effort with sharp criticisms towards Congress for not
[01:26.840 --> 01:29.800]  voting in favor to pass more gun restrictions.
[01:29.800 --> 01:33.440]  Democrats are planning to essentially hijack the House floor both Wednesday and Thursday
[01:33.440 --> 01:36.120]  in an effort to get gun control measures a hearing.
[01:36.120 --> 01:40.480]  A spokeswoman for Representative Speaker of the House, Paul Ryan, Ashley Strong, said
[01:40.480 --> 01:44.720]  that, quote, the House cannot operate without members following the rules of the institution,
[01:44.720 --> 01:47.800]  so the House has recess subject to the call of the chair.
[01:47.800 --> 01:51.840]  As a minority party, Democrats have virtually no power over which bills are voted on.
[01:51.840 --> 01:55.760]  The only thing they can do is protest or use procedural maneuvers, of which they plan to
[01:55.760 --> 01:58.800]  do both this week, so keep your eyes on the House floor.
[01:58.800 --> 02:02.880]  Ultimately, the goal is to force lawmakers to vote on a bipartisan bill that would give
[02:02.880 --> 02:08.000]  the FBI and Attorney General the power to ban people on the controversial no-fly list
[02:08.000 --> 02:13.800]  from purchasing firearms.
[02:13.800 --> 02:17.160]  According to a government report by the Treasury Department released today, the trust fund
[02:17.160 --> 02:22.880]  used to pay hospital insurance costs for Medicare will be emptied out by 2028, about two years
[02:22.880 --> 02:26.600]  earlier than calculated, while the Social Security Trust Fund has enough cash to pay
[02:26.600 --> 02:29.240]  full benefits for only another 18 years.
[02:29.240 --> 02:33.280]  The trustees overseeing both stated that reforms are needed in order to avoid cutting health
[02:33.280 --> 02:36.080]  care and retirement benefits for Americans.
[02:36.080 --> 02:39.960]  Acting Commissioner of the Social Security Administration, Carolyn Culvin, said that
[02:39.960 --> 02:44.600]  increasing payroll taxes by slightly more than 1 percent could improve the solvency
[02:44.600 --> 02:46.760]  of the fund over the next 75 years.
[02:46.760 --> 02:53.760]  Maybe it's time we start looking for and creating options that don't involve Uncle Sam.
[03:16.760 --> 03:28.560]  Okay, we are back with Andy Kelton, Fat Pack, We Love La Radio, and Oliver, you know, every
[03:28.560 --> 03:35.560]  time I talk to you, your questions and comments get more sophisticated, and that pleases me
[03:35.560 --> 03:40.840]  greatly, and this is the most sophisticated so far, and for those who don't know, let
[03:40.840 --> 03:45.840]  me kind of give some perspective.
[03:45.840 --> 03:52.200]  Oliver went to the city after they tore down his building and asked them under what authority
[03:52.200 --> 04:00.880]  they did this, and they gave him authority that went to, what was it, commercial, Oliver?
[04:00.880 --> 04:03.400]  Residential building and maintenance code.
[04:03.400 --> 04:07.960]  Yeah, and how did that not apply to you?
[04:07.960 --> 04:15.080]  It did not apply to me because residential meant commercial and housing enterprises,
[04:15.080 --> 04:23.160]  which means that these are companies or people who make more than 80 percent of their income
[04:23.160 --> 04:27.600]  through renting property for people to reside in.
[04:27.600 --> 04:36.760]  Okay, so this didn't go to a consumer, it went to a commercial.
[04:36.760 --> 04:44.280]  You're a consumer because you consume the property by living inside it, and even if
[04:44.280 --> 04:49.720]  this is a second house, if you purchased that house for the purpose of living in it and
[04:49.720 --> 04:58.080]  then bought another one and rented this one out, that's still residential, it's not commercial.
[04:58.080 --> 05:04.760]  So you're telling them that the law they relied on only applied to commercial properties and
[05:04.760 --> 05:08.520]  did not apply to residential property.
[05:08.520 --> 05:16.040]  So now how does that apply, how does this comity issue apply to that?
[05:16.040 --> 05:25.640]  Well, the thing is that their code only deals with public facilities, public property, public
[05:25.640 --> 05:35.680]  residential places like hotels, apartment complexes, people, those are residents.
[05:35.680 --> 05:43.080]  People who own property and live there, those are not residents, those are inhabitants.
[05:43.080 --> 05:50.840]  They inhabit this area, even if they leave the state they're still considered to be here.
[05:50.840 --> 05:58.640]  Okay, this is where your habitation is as opposed to you're just residing in the area
[05:58.640 --> 05:59.640]  temporarily.
[05:59.640 --> 06:00.640]  Right.
[06:00.640 --> 06:01.640]  Okay.
[06:01.640 --> 06:06.920]  So they have authority over those properties because the public are not, is not allowed
[06:06.920 --> 06:13.040]  access to that property so they cannot claim that they are doing something for public health
[06:13.040 --> 06:17.000]  or public regulation, that person's private property.
[06:17.000 --> 06:26.240]  That, now that is interesting, that's a way of looking at this that I haven't heard before
[06:26.240 --> 06:32.400]  and have it examined before, but that absolutely makes sense.
[06:32.400 --> 06:35.760]  Well that's what it stands out in the way that their code is written.
[06:35.760 --> 06:42.280]  Once you define all their definitions and then reread their code, you'll see that it
[06:42.280 --> 06:46.400]  is restricting, it is protecting someone's right.
[06:46.400 --> 06:52.080]  It just doesn't clearly say the state out loud, but when you go back to the state statute,
[06:52.080 --> 07:00.160]  the state statute clearly tells you who they have authority over and in the building and
[07:00.160 --> 07:11.040]  code maintenance section it clearly says building contractors and people in maintenance contractors.
[07:11.040 --> 07:20.640]  They are contracted to maintenance the property so people can reside in it as a residency.
[07:20.640 --> 07:29.320]  So just, if I own property here and I live here, that doesn't mean I'm a resident.
[07:29.320 --> 07:36.000]  They took the words and switched it around on us so we wouldn't be able to figure it
[07:36.000 --> 07:37.000]  out.
[07:37.000 --> 07:38.000]  Okay.
[07:38.000 --> 07:44.560]  This is something that Eddie's really good at and something that we talk about here about
[07:44.560 --> 07:48.880]  how when you're dealing with law, they don't speak English.
[07:48.880 --> 07:49.880]  Right.
[07:49.880 --> 08:00.080]  They speak legalese and Oliver, it sounds like you're getting relatively fluent in legalese.
[08:00.080 --> 08:04.880]  I am, but now, like how do I use it and then I have one block.
[08:04.880 --> 08:11.200]  You told me to go find a legal guy and I went talking to about 20 guys today and they tell
[08:11.200 --> 08:15.440]  me they don't have anything, everything is online through that system and whatnot and
[08:15.440 --> 08:16.760]  they couldn't provide anything.
[08:16.760 --> 08:26.520]  So I'm kind of getting a block as far as the litigation guide part, but everything else
[08:26.520 --> 08:34.360]  is coming to me fluidly once I've defined the words and get all the codes in which chapters
[08:34.360 --> 08:38.880]  and differentiate how they work if this falls together.
[08:38.880 --> 08:52.960]  You are beginning to understand one of the most subtle and complex aspects of law, of
[08:52.960 --> 09:01.200]  dealing with law and that's the word crafting.
[09:01.200 --> 09:07.360]  Lawyers specialize in word crafting.
[09:07.360 --> 09:13.640]  You are going to become a force for them to reckon with.
[09:13.640 --> 09:19.400]  You've got the idea now and I'm going to be looking forward to seeing how you stitch these
[09:19.400 --> 09:20.400]  together.
[09:20.400 --> 09:28.840]  Now, as to adjudicating the issues, the way I started doing legal research is I went down
[09:28.840 --> 09:34.720]  to the courthouse and started pulling cases and just went through cases.
[09:34.720 --> 09:43.240]  And I asked the clerk for the biggest cases they had and she said, do you mean the most
[09:43.240 --> 09:44.240]  important?
[09:44.240 --> 09:52.800]  No, I mean the biggest, the one that takes up the most boxes because I want to see the
[09:52.800 --> 10:01.080]  issues that were hard fought and I looked through those and I found stuff I would have
[10:01.080 --> 10:02.080]  never dreamed of.
[10:02.080 --> 10:05.760]  This is the first time I ever saw a motion in limine.
[10:05.760 --> 10:11.600]  I pulled this thing out and motion in limine, I had no idea what in the world a motion in
[10:11.600 --> 10:12.960]  limine was.
[10:12.960 --> 10:23.280]  Now, motion in limine is a motion that prevents, you're asking the court to direct the other
[10:23.280 --> 10:28.200]  side not to ask certain questions or not to produce certain evidence.
[10:28.200 --> 10:33.920]  I had never thought of anything like that and I find it in the files.
[10:33.920 --> 10:36.520]  You'll find all kinds of wonderful stuff in the files.
[10:36.520 --> 10:49.080]  If you can go down and find some cases concerning condemnation, concerning demolition of buildings
[10:49.080 --> 10:56.680]  by the city, you're likely to hit on a case close to yours, especially if you can find
[10:56.680 --> 11:09.720]  a case that addresses a wrongful taking of private property and don't just get the case
[11:09.720 --> 11:10.720]  law.
[11:10.720 --> 11:19.000]  If you find a case that's on point or close to point, then go to the courthouse and get
[11:19.000 --> 11:20.000]  the filings.
[11:20.000 --> 11:21.000]  I'll go ahead, Gar.
[11:21.000 --> 11:29.000]  The closest thing I could find is a regulatory taking and with the regulatory taking, it
[11:29.000 --> 11:31.200]  was very minor.
[11:31.200 --> 11:38.520]  They did not allow them to subdivide their plot to rent out, to become a residential
[11:38.520 --> 11:41.720]  area like they're supposed to.
[11:41.720 --> 11:46.080]  They sued them just for telling them, no, they can't divide their land up.
[11:46.080 --> 11:52.880]  Mine was a lot worse and I can't find... That's the closest thing I could find to it.
[11:52.880 --> 11:53.880]  Okay.
[11:53.880 --> 11:56.880]  Let's try a little research.
[11:56.880 --> 12:03.440]  Well, there's a closest thing I could find to it in this county that was from this county,
[12:03.440 --> 12:10.680]  from this state, actually from this city, it was this city, this county, this county.
[12:10.680 --> 12:18.280]  It was Montgomery County that they sued.
[12:18.280 --> 12:27.120]  I did a search for Jackson, Tennessee, city demolished to my house, but it didn't get
[12:27.120 --> 12:30.040]  as good a hits as I thought of.
[12:30.040 --> 12:38.120]  If you do some creative research just on a standard search engine, you will be surprised
[12:38.120 --> 12:40.920]  what you will find.
[12:40.920 --> 12:46.320]  Even if it's not from my state, can I still use it?
[12:46.320 --> 12:51.880]  Can I... If it's from another state, can I still use it in as far as for investigation
[12:51.880 --> 12:52.880]  purposes?
[12:52.880 --> 12:55.080]  Wait, I couldn't understand that.
[12:55.080 --> 12:56.080]  Can you do what?
[12:56.080 --> 13:03.160]  Can I still use it if it's from another state?
[13:03.160 --> 13:06.120]  On the search engine, when I find the information, if it's from another state...
[13:06.120 --> 13:14.360]  Oh, you can, but this goes to property issues.
[13:14.360 --> 13:17.800]  You're definitely going to have law on this issue.
[13:17.800 --> 13:27.480]  What you might... Okay, I would... There's law in Tennessee for this.
[13:27.480 --> 13:29.480]  It's definitely Tennessee law.
[13:29.480 --> 13:30.480]  No doubt about it.
[13:30.480 --> 13:38.560]  This goes to private property, and this is such a common thing that there's going to
[13:38.560 --> 13:40.560]  be law here.
[13:40.560 --> 13:42.200]  It's just a matter of finding.
[13:42.200 --> 13:47.000]  The hardest thing to find in doing your research is the first case on point.
[13:47.000 --> 13:55.760]  Once you find a case on point, then they will lead you to other closed cases.
[13:55.760 --> 14:19.160]  Let me try another... I'm looking in Jackson, Tennessee, city improperly demolished my house.
[14:19.160 --> 14:28.520]  Okay, I got one here... Oh, there we go.
[14:28.520 --> 14:32.680]  Up to 400 Jackson homes could be demolished if city receives something.
[14:32.680 --> 14:33.680]  Building housing.
[14:33.680 --> 14:41.600]  City of Jackson County, including towns, major emergency... I'm not finding the kids, but
[14:41.600 --> 14:48.280]  there's got to be similar cases.
[14:48.280 --> 14:57.520]  Everything that I find, it deals with that, but the city's done it in a different fashion
[14:57.520 --> 14:58.800]  than they've done it in mine.
[14:58.800 --> 15:04.320]  It's always a blighted area or something different.
[15:04.320 --> 15:08.000]  It's not dealing with personal, private property.
[15:08.000 --> 15:15.480]  It's always dealing with another issue, which it does... If you read the case, it does
[15:15.480 --> 15:23.560]  give you some important information as far as the rules of certain aspects, but it doesn't
[15:23.560 --> 15:28.440]  hit it exactly on cue like my situation is.
[15:28.440 --> 15:39.360]  Go to the district court and talk to the district clerk, or do you have a law school nearby?
[15:39.360 --> 15:42.840]  Union City.
[15:42.840 --> 15:45.760]  Do you have a university in Tennessee close to you?
[15:45.760 --> 15:49.520]  I know Union City has one.
[15:49.520 --> 15:54.680]  You need a law librarian.
[15:54.680 --> 16:01.720]  They're better than lawyers, because that's all they do all day is research.
[16:01.720 --> 16:08.400]  Find a university with a law school and call and talk to the librarians.
[16:08.400 --> 16:11.920]  They are incredibly helpful.
[16:11.920 --> 16:17.120]  They will bend over backwards to find you what you need, and I almost guarantee you,
[16:17.120 --> 16:24.800]  you call a law librarian, she'll put you right on what you need.
[16:24.800 --> 16:26.920]  Okay.
[16:26.920 --> 16:27.920]  Try that.
[16:27.920 --> 16:36.000]  Any law school that's close... I think UT, University of Tennessee in Union City, has
[16:36.000 --> 16:37.000]  a law school.
[16:37.000 --> 16:43.480]  Call around and find one and ask the law librarian.
[16:43.480 --> 16:47.720]  I have one more question, and I'll make it quick.
[16:47.720 --> 16:48.720]  Okay.
[16:48.720 --> 16:49.720]  Hold on.
[16:49.720 --> 16:50.720]  We've got 12 seconds to break.
[16:50.720 --> 16:52.320]  We're into Kelton.
[16:52.320 --> 17:01.720]  That PAC rules our radio, so we'll be right back.
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[19:00.120 --> 19:01.120]  Well, don't let none get to you.
[19:01.120 --> 19:02.120]  Only the father can do it for you.
[19:02.120 --> 19:03.120]  Well, don't let bad-minded people hurt you.
[19:03.120 --> 19:04.120]  I tell you something, get behind them.
[19:04.120 --> 19:05.120]  You know what I mean, my friend?
[19:05.120 --> 19:06.120]  Now, I'll judge you.
[19:06.120 --> 19:07.120]  Come on.
[19:07.120 --> 19:08.120]  Trust me.
[19:08.120 --> 19:09.120]  Trust me.
[19:09.120 --> 19:10.120]  Trust me.
[19:10.120 --> 19:11.120]  Trust me.
[19:11.120 --> 19:12.120]  Trust me.
[19:12.120 --> 19:13.120]  Trust me.
[19:13.120 --> 19:14.120]  Trust me.
[19:14.120 --> 19:15.120]  Trust me.
[19:15.120 --> 19:16.120]  Trust me.
[19:16.120 --> 19:17.120]  Trust me.
[19:17.120 --> 19:18.120]  Trust me.
[19:18.120 --> 19:34.120]  Trust me.
[19:34.120 --> 19:35.120]  Okay.
[19:35.120 --> 19:36.120]  We are back.
[19:36.120 --> 19:37.120]  Randy Kelton.
[19:37.120 --> 19:38.120]  VetPak with our radio.
[19:38.120 --> 19:40.120]  And we're talking to Oliver in Tennessee.
[19:40.120 --> 19:41.120]  All right.
[19:41.120 --> 19:46.480]  I was trying to do a little research over the break, but like you, I haven't found anything
[19:46.480 --> 19:47.480]  yet.
[19:47.480 --> 19:48.480]  I know.
[19:48.480 --> 19:54.720]  So, try the law of the librarian.
[19:54.720 --> 19:56.920]  If anybody can find it, she can.
[19:56.920 --> 19:57.920]  Okay.
[19:57.920 --> 20:00.360]  And you had another question?
[20:00.360 --> 20:08.400]  Right now, they towed 12 cars from my property, and they towed trucks, a couple and a half.
[20:08.400 --> 20:16.480]  Now, did you file suit on both of them individually, or how do I do this situation, do I?
[20:16.480 --> 20:19.080]  You sue them both together.
[20:19.080 --> 20:22.480]  You make them both parties to the suit.
[20:22.480 --> 20:23.480]  Just one suit.
[20:23.480 --> 20:24.480]  So, one suit.
[20:24.480 --> 20:25.480]  So, who are my suitants?
[20:25.480 --> 20:30.480]  You sue the city, and you sue the towing company.
[20:30.480 --> 20:33.480]  So, it's two parties?
[20:33.480 --> 20:34.480]  Yes.
[20:34.480 --> 20:43.480]  So, when I'm filling out, when I'm doing the procedure, just whenever I do the defendant,
[20:43.480 --> 20:50.480]  I provide both their names, the city of Clarkville, and the towing company.
[20:50.480 --> 20:51.480]  Yes.
[20:51.480 --> 20:55.480]  Like, city of Jackson, and so-and-so towing.
[20:55.480 --> 20:57.480]  You just name them both.
[20:57.480 --> 21:05.640]  And then, in the body of the suit, you make claims against each of them, you make a claim
[21:05.640 --> 21:12.760]  against the city, claiming that the city illegally authorized the towing of your vehicle, and
[21:12.760 --> 21:18.240]  that the towing company improperly entered your property without a proper authority and
[21:18.240 --> 21:19.240]  took your vehicle.
[21:19.240 --> 21:23.880]  So, you make accusations against both of them, but you can do it all in one petition.
[21:23.880 --> 21:24.880]  Right.
[21:24.880 --> 21:31.520]  So, the accusations would include the codes, I mean, the laws that they broke, the actual
[21:31.520 --> 21:32.520]  numbers.
[21:32.520 --> 21:33.520]  Yes.
[21:33.520 --> 21:34.520]  Exactly.
[21:34.520 --> 21:38.840]  You need to tell them what was wrong and why it's wrong.
[21:38.840 --> 21:47.080]  The only purpose, the only job of the trial court, the primary purpose of the trial court
[21:47.080 --> 21:51.560]  is to determine the facts in accordance with the rules of evidence, then apply the laws
[21:51.560 --> 21:53.560]  that comes to him to the facts in the case.
[21:53.560 --> 22:01.280]  So, when you write your petition, you tell the court first what generally what the case
[22:01.280 --> 22:02.280]  is about.
[22:02.280 --> 22:09.760]  This case is about the improper demolition of a private residence, I'm sorry, the improper
[22:09.760 --> 22:21.680]  taking of private property by the city or by defendants, that automobiles were towed
[22:21.680 --> 22:24.480]  from your private property without proper authority.
[22:24.480 --> 22:28.560]  That kind of tells the court what this is going to be about.
[22:28.560 --> 22:34.960]  And then you put in a section on venue, that's the jurisdiction and venue, and you can just
[22:34.960 --> 22:40.840]  go look at some cases that's been filed in a court and the section on jurisdiction and
[22:40.840 --> 22:44.120]  venue will be essentially the same in every one of them.
[22:44.120 --> 22:47.320]  So, you just pull that section and drop it in your suit.
[22:47.320 --> 22:53.520]  And then you name the parties, plaintiff is you and you give an address, a phone number
[22:53.520 --> 22:58.840]  if you've got it, an email if you have it, and then defendants, you name each defendant
[22:58.840 --> 23:00.960]  and give the address.
[23:00.960 --> 23:05.120]  And now you go to a statement of facts.
[23:05.120 --> 23:10.880]  And in the statement of facts, you only state facts, no conclusions.
[23:10.880 --> 23:17.320]  But when you create the statement of facts, you want to stick your facts together in a
[23:17.320 --> 23:24.280]  way so that the reader, when he reads the facts, he'll be thinking, okay, why did he
[23:24.280 --> 23:25.800]  put this fact in here?
[23:25.800 --> 23:29.920]  How does it relate to the fact above it?
[23:29.920 --> 23:35.680]  So you construct your facts in a way that the reader will tend to come to the conclusions
[23:35.680 --> 23:38.560]  you're going to want him to come to.
[23:38.560 --> 23:43.280]  Just writing this for a judge, and he pretty well knows the underlying law.
[23:43.280 --> 23:49.400]  So as he reads it, he'll be applying the underlying law to the facts to see how they stitch together.
[23:49.400 --> 23:57.680]  Then a brief in support, a statement of factual accusation, whatever.
[23:57.680 --> 24:04.960]  Now you put in the facts, you apply the law to the facts, you say they did this, this
[24:04.960 --> 24:10.180]  is a law that applies to this, and this is what the law says should have been done.
[24:10.180 --> 24:12.560]  And this is what they actually did.
[24:12.560 --> 24:15.880]  So now you apply the law to the facts.
[24:15.880 --> 24:20.400]  Never make a proactive statement of law out of your own mouth.
[24:20.400 --> 24:24.200]  Never say the law says you can't do this, you can't do that.
[24:24.200 --> 24:27.720]  No, no, no, no, judge can't listen to that.
[24:27.720 --> 24:35.160]  You say the court said in this case, you can't do this, you can't do that.
[24:35.160 --> 24:41.880]  Always make your proactive statements of law out of the mouth of the court.
[24:41.880 --> 24:51.800]  That will give your document much more influence and impact because the court will recognize
[24:51.800 --> 24:56.000]  that you're taking this right out of cases.
[24:56.000 --> 25:01.640]  Once you find a case on point, you want to find briefs.
[25:01.640 --> 25:08.120]  Briefs are wonderful because in the briefs, that's exactly what the lawyers do.
[25:08.120 --> 25:14.360]  So if you can find a brief that addresses your issue, then you cut and paste.
[25:14.360 --> 25:20.400]  If you spend much time constructing your own arguments, you haven't done enough research.
[25:20.400 --> 25:28.080]  No, no, I mean, I found the, as you call them, I didn't know they were called briefs, but
[25:28.080 --> 25:35.200]  I found, like as I'm reading over these cases, I found a section that clearly dispels out
[25:35.200 --> 25:42.400]  other parameters that could happen to kind of like safeguard, like, okay, since we had
[25:42.400 --> 25:46.640]  this problem, we're going to cover this whole section so you won't come up here again with
[25:46.640 --> 25:47.640]  another issue.
[25:47.640 --> 25:53.560]  So it is not, their case, their argument is not about it, but on the brief to the Supreme
[25:53.560 --> 25:57.720]  Court of Tennessee or the appellate court, they'll say something.
[25:57.720 --> 26:02.640]  Not only this, but private property also has this and this and this and this.
[26:02.640 --> 26:07.640]  So you're telling me that that type of information I could use, even though that case is not
[26:07.640 --> 26:08.920]  exactly like mine.
[26:08.920 --> 26:09.920]  You're right.
[26:09.920 --> 26:19.160]  If the principles apply, then you pull out the most important skill you can develop for
[26:19.160 --> 26:21.400]  writing legal documents.
[26:21.400 --> 26:27.720]  You must become an accomplished plagiarist.
[26:27.720 --> 26:36.520]  Never write it yourself if you can find it in a court decision or in a well-constructed
[26:36.520 --> 26:40.520]  reefer pleading.
[26:40.520 --> 26:41.920]  Steal what the lawyer wrote.
[26:41.920 --> 26:44.120]  It's perfectly fine in law.
[26:44.120 --> 26:45.120]  Okay.
[26:45.120 --> 26:48.120]  So, plagiarism is good in law.
[26:48.120 --> 26:49.120]  Yeah.
[26:49.120 --> 26:51.160]  You should, not perjury, plagiarism.
[26:51.160 --> 26:52.160]  Plagiarism.
[26:52.160 --> 27:01.920]  You should spend most of your time stitching other guys' writings together, changing cases
[27:01.920 --> 27:09.200]  so the case sounds right, changing he to she, just stitching these together so they read
[27:09.200 --> 27:10.840]  well.
[27:10.840 --> 27:17.520]  Most of what is in there, you should, if you can, you want it to be put in from a court
[27:17.520 --> 27:18.760]  ruling.
[27:18.760 --> 27:20.280]  Court orders are the best.
[27:20.280 --> 27:27.720]  When a court issues an order, they generally include findings of fact and conclusions at
[27:27.720 --> 27:29.840]  law.
[27:29.840 --> 27:36.040]  If you can find it from court orders saying what you want it to be said, that is the most
[27:36.040 --> 27:39.000]  powerful thing you can use in your document.
[27:39.000 --> 27:44.560]  And when you cut something out of a court order and drop it in your document and just
[27:44.560 --> 27:50.280]  reword it so it fits, the judge will look at that and he will know exactly what you
[27:50.280 --> 27:52.600]  did.
[27:52.600 --> 27:59.160]  And that will give your documents much more import because he knows this is not statements
[27:59.160 --> 28:00.160]  out of your mouth.
[28:00.160 --> 28:02.160]  This is statements out of the mouth of the court.
[28:02.160 --> 28:03.160]  Okay.
[28:03.160 --> 28:04.160]  Does that make sense?
[28:04.160 --> 28:05.160]  Yes, sir.
[28:05.160 --> 28:06.160]  I understood.
[28:06.160 --> 28:07.160]  One more hurdle.
[28:07.160 --> 28:08.160]  The condemnation.
[28:08.160 --> 28:09.160]  They, I have it on the paper.
[28:09.160 --> 28:16.520]  It said that they went through a condemnation here, but what they're trying to say is that,
[28:16.520 --> 28:22.800]  oh, this condemnation is different because they did not take the title from me.
[28:22.800 --> 28:25.680]  So they did not have to compensate me.
[28:25.680 --> 28:27.920]  Wait a minute.
[28:27.920 --> 28:30.960]  I didn't understand that.
[28:30.960 --> 28:31.960]  I can't.
[28:31.960 --> 28:33.920]  They went through a condemnation here.
[28:33.920 --> 28:38.880]  Basically, they had to condemn my property in order to knock it down.
[28:38.880 --> 28:39.880]  Okay.
[28:39.880 --> 28:40.880]  So...
[28:40.880 --> 28:48.120]  Did they have authority to condemn this particular property?
[28:48.120 --> 28:49.120]  No.
[28:49.120 --> 28:50.120]  So...
[28:50.120 --> 28:56.120]  They went through a condemnation procedure to do everything.
[28:56.120 --> 29:03.640]  They went through a condemnation procedure and everything I find in their codes or statute,
[29:03.640 --> 29:07.040]  when you see condemnation, that includes compensation.
[29:07.040 --> 29:08.040]  I brought that up.
[29:08.040 --> 29:12.080]  They told me that that's under eminent domain.
[29:12.080 --> 29:17.480]  They didn't do eminent domain on my property because they didn't take the title from me.
[29:17.480 --> 29:24.000]  So I'm like, okay, well, what is this condemnation then because I can't find it anywhere else.
[29:24.000 --> 29:29.600]  Everywhere there's condemnation, it says that conversation is automatically attached.
[29:29.600 --> 29:35.200]  Are they saying that your house wasn't property, only the land was property?
[29:35.200 --> 29:40.040]  Okay, hang on, about to go to break.
[29:40.040 --> 29:45.960]  Brandy Kelton, Vet Pack, Brutal Law Radio, I'll call in number 512-646-1984.
[29:45.960 --> 29:48.080]  We'll finish just up on the other side.
[29:48.080 --> 29:50.000]  Doug, Jay, I see you there.
[29:50.000 --> 29:51.000]  We'll get to everybody.
[29:51.000 --> 30:01.800]  We'll be right back.
[30:01.800 --> 30:06.080]  When creepy crawlies attack your vegetable garden, don't reach for toxic sprays and
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[30:25.920 --> 30:31.520]  So protect your rights, say no to surveillance and keep your information to yourself.
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[33:24.080 --> 33:30.480]  Okay, we are back.
[33:30.480 --> 33:36.960]  Randy Kelton, Backpack, Rule of Law Radio and we're talking to Oliver in Tennessee.
[33:36.960 --> 33:40.440]  Okay, go ahead, Oliver.
[33:40.440 --> 33:46.280]  The condemnation part, okay, they basically, they look like they try to hide up underneath
[33:46.280 --> 33:53.440]  the eminent domain but not try to pay out because condemnation, only where I find condemnation
[33:53.440 --> 33:56.080]  is underneath eminent domain.
[33:56.080 --> 34:02.600]  But they're saying that, well, we didn't go through the eminent domain procedures so we
[34:02.600 --> 34:06.320]  didn't condemn your house.
[34:06.320 --> 34:13.880]  So by what authority did they take the house, they did a taking, under what authority did
[34:13.880 --> 34:15.880]  they do the taking?
[34:15.880 --> 34:16.880]  I can't find it.
[34:16.880 --> 34:18.640]  They said that they condemned it, but...
[34:18.640 --> 34:23.760]  Did they say this with their mouth or did they say this in writing?
[34:23.760 --> 34:24.760]  I have a writing.
[34:24.760 --> 34:31.440]  I have a paper which has a condemnation hearing date, like from, you know, the documents that
[34:31.440 --> 34:33.880]  they supplied to me from the situation.
[34:33.880 --> 34:40.120]  I have a physical document where they had a condemnation hearing at the buildings and
[34:40.120 --> 34:51.760]  codes office, not a court, not, no, we're saying judge, a building director.
[34:51.760 --> 35:00.520]  And I didn't go because you have no authority on me, I'm going to live my life, I'm gone.
[35:00.520 --> 35:07.440]  They condemned me, the building director condemned my house because I didn't come to the condemnation
[35:07.440 --> 35:08.440]  hearing.
[35:08.440 --> 35:12.920]  Like, I had a contract with the organization.
[35:12.920 --> 35:13.920]  Okay.
[35:13.920 --> 35:20.320]  So the question becomes, where did the building director get authority to hold this particular
[35:20.320 --> 35:21.320]  hearing?
[35:21.320 --> 35:22.320]  I don't know.
[35:22.320 --> 35:23.320]  I don't know.
[35:23.320 --> 35:33.200]  But that's what I'm trying to figure because I'm trying to figure out how do I argue that
[35:33.200 --> 35:40.120]  because I know it's complicated because there is condemnation in there, they're saying that
[35:40.120 --> 35:46.400]  they didn't do, they did not do imminent domain, but condemnation is found nowhere else but
[35:46.400 --> 35:47.400]  imminent domain.
[35:47.400 --> 35:53.920]  I can't even find condemnation in their code, but in their code has imminent domain and
[35:53.920 --> 35:56.600]  it shows condemnation in it.
[35:56.600 --> 35:57.760]  Okay.
[35:57.760 --> 36:01.200]  You said that they said they didn't do imminent domain.
[36:01.200 --> 36:03.440]  Did they say that in writing?
[36:03.440 --> 36:06.920]  No, they didn't say it in writing.
[36:06.920 --> 36:07.920]  Okay.
[36:07.920 --> 36:11.120]  It doesn't mean anything.
[36:11.120 --> 36:14.640]  Construct something to get them to say it in writing.
[36:14.640 --> 36:18.120]  You might do this with a tort letter.
[36:18.120 --> 36:26.000]  Do you have pre-litigation discovery in Tennessee?
[36:26.000 --> 36:27.000]  Pre-litigation discovery?
[36:27.000 --> 36:28.000]  Yes.
[36:28.000 --> 36:34.040]  Is that something that you file after you file suit?
[36:34.040 --> 36:35.040]  No.
[36:35.040 --> 36:39.040]  It's something you file before you file suit.
[36:39.040 --> 36:46.280]  It's really discovery for the purpose of preserving evidence or do-
[36:46.280 --> 36:47.280]  I didn't mention that.
[36:47.280 --> 36:50.880]  Is that what?
[36:50.880 --> 36:55.960]  Just do a search for our pre-litigation discovery in Tennessee.
[36:55.960 --> 37:02.840]  Every state has it in one form or another.
[37:02.840 --> 37:10.760]  This is a bit complex to do on this show, but you really need to figure out what the
[37:10.760 --> 37:15.560]  issues are and it appears as though they're pretty clear.
[37:15.560 --> 37:21.960]  They did an improper taking and it appears that they know they could not do it under
[37:21.960 --> 37:26.680]  an imminent domain because it didn't apply to you.
[37:26.680 --> 37:38.880]  They're trying to find a way to justify what they did, but where you can't make a proactive
[37:38.880 --> 37:44.560]  statement of law out of your own mouth, neither can they.
[37:44.560 --> 37:48.840]  Anything they say that just is, well, we can do this or we can do that, that's nothing.
[37:48.840 --> 37:53.920]  Object, object, as soon as that starts coming out of the mouth, object.
[37:53.920 --> 37:55.760]  Yeah, object.
[37:55.760 --> 38:00.800]  Now you want to see law because they're public officials.
[38:00.800 --> 38:08.200]  They may only do what the law specifically authorizes them to do, ask for that specific
[38:08.200 --> 38:16.120]  authorization and you might send a request to the person who held this hearing and request
[38:16.120 --> 38:21.200]  a specific authorization under which he held a hearing.
[38:21.200 --> 38:25.680]  Oh, he, they already gave me the code.
[38:25.680 --> 38:26.680]  They gave me the code.
[38:26.680 --> 38:32.120]  They gave him the authorization, nothing in there says that they were condemned.
[38:32.120 --> 38:34.880]  It said that he baked.
[38:34.880 --> 38:38.120]  Did they give you that in writing?
[38:38.120 --> 38:39.120]  I have it.
[38:39.120 --> 38:43.120]  I have the, I pulled the document all the way.
[38:43.120 --> 38:44.440]  No, no, no.
[38:44.440 --> 38:51.880]  You need them to tell you under what authority they did this and you need to do that in a
[38:51.880 --> 38:58.040]  information request.
[38:58.040 --> 38:59.320]  You need it out of their mouth.
[38:59.320 --> 39:02.320]  You can't imply what they did it under.
[39:02.320 --> 39:06.360]  You can't go in and say, this is the only thing they could have done it under.
[39:06.360 --> 39:11.440]  You need them to justify what they did.
[39:11.440 --> 39:16.120]  I mean, it's in writing, I have paperwork that in writing what they did, they spelled
[39:16.120 --> 39:21.840]  out the code, the reason why the authority gave them, I have all the papers.
[39:21.840 --> 39:22.840]  Okay.
[39:22.840 --> 39:23.840]  Okay.
[39:23.840 --> 39:28.440]  And you can show that that code they acted under didn't apply in this case.
[39:28.440 --> 39:35.600]  It doesn't say, it doesn't say condemned anywhere in the code that they, in the, in the numbers
[39:35.600 --> 39:41.160]  that they gave and the citation that they gave, nowhere in there says condemnation hearing.
[39:41.160 --> 39:51.840]  So you might ask specifically for the specific authority, authority to hold a condemnation
[39:51.840 --> 39:52.840]  hearing.
[39:52.840 --> 39:55.840]  Be specific, be pedantic.
[39:55.840 --> 40:00.760]  So basically make them look bad in court.
[40:00.760 --> 40:10.760]  Make them give you a, an admission or get them to say something stupid.
[40:10.760 --> 40:16.360]  And it sent them an information request under what authority do you hold a condemnation
[40:16.360 --> 40:22.440]  hearing on a private residence?
[40:22.440 --> 40:28.520]  What they send you becomes collateral estoppel, they're stuck with it.
[40:28.520 --> 40:34.200]  So can I send that, so I could, can I sneak that in the tort letter to the city and to
[40:34.200 --> 40:41.520]  the- No, no, no, put that in an information request.
[40:41.520 --> 40:48.880]  Before you do the tort letter, send them an information request and ask for that.
[40:48.880 --> 40:54.840]  They won't be near as careful if you haven't sued them yet.
[40:54.840 --> 40:58.400]  They're likely to do something stupid and give you something you can really hammer them
[40:58.400 --> 40:59.400]  with.
[40:59.400 --> 41:00.400]  Okay.
[41:00.400 --> 41:01.760]  I do need to move along.
[41:01.760 --> 41:05.400]  I've got a full board of callers and I'm going to run out of time here.
[41:05.400 --> 41:06.400]  All right.
[41:06.400 --> 41:07.400]  All right.
[41:07.400 --> 41:08.400]  All right.
[41:08.400 --> 41:09.400]  Okay.
[41:09.400 --> 41:10.400]  Thanks a lot, Oliver.
[41:10.400 --> 41:13.920]  And keep us up to speed.
[41:13.920 --> 41:15.640]  Okay.
[41:15.640 --> 41:18.320]  Now we're going to go to Megan in Illinois.
[41:18.320 --> 41:24.720]  Doug, Jay, I'm sorry I'm jumping over you, but Megan's a first-time caller and we tend
[41:24.720 --> 41:26.760]  to take first-time callers first.
[41:26.760 --> 41:30.760]  I hope you don't get upset at me, but we'll get to all of you.
[41:30.760 --> 41:32.000]  Hello, Megan.
[41:32.000 --> 41:36.480]  What do you have for us today?
[41:36.480 --> 41:41.520]  Megan, are you there?
[41:41.520 --> 41:44.320]  Yes, I'm here.
[41:44.320 --> 41:45.320]  I'm here.
[41:45.320 --> 41:46.320]  I'm sorry.
[41:46.320 --> 41:47.320]  I had the phone on mute.
[41:47.320 --> 41:48.520]  I'm sorry for me to you.
[41:48.520 --> 41:53.400]  I had my house completely foreclosed on in December 2014.
[41:53.400 --> 42:00.600]  I had a 1099 issue to myself and my ex-husband for the full amount of the judgment because
[42:00.600 --> 42:07.240]  we did have an ad personum judgment put against us in the final paperwork.
[42:07.240 --> 42:13.480]  And we talked about the 1099 on our taxes, so we assumed that it was all done and over
[42:13.480 --> 42:14.480]  with.
[42:14.480 --> 42:17.920]  An attorney that had been advising me had said, you're either going to look for the
[42:17.920 --> 42:21.160]  1099 or look for like a lawsuit.
[42:21.160 --> 42:27.000]  And so just last week, a letter came in the mail from Dick O'Neill in Dallas, Texas saying
[42:27.000 --> 42:34.080]  that I owe personally, never mind anything about my ex-husband, $135,000 in the deficiency
[42:34.080 --> 42:35.320]  judgment.
[42:35.320 --> 42:40.200]  So I'm in the 30-day window where they're giving me the opportunity to dispute the validity
[42:40.200 --> 42:42.000]  of the debt.
[42:42.000 --> 42:47.560]  And I've been talking to different lawyers around Chicago trying to find someone that
[42:47.560 --> 42:53.800]  would help me fight it, but it seems like everybody is so used to this happening now
[42:53.800 --> 43:00.480]  that, say, for example, like a real estate attorney would talk about, okay, we can either
[43:00.480 --> 43:07.760]  do the Chapter 13 bankruptcy, we can try to negotiate the amount, or you just pay back
[43:07.760 --> 43:10.400]  the whole amount of how long it's going to take.
[43:10.400 --> 43:11.400]  Okay.
[43:11.400 --> 43:12.400]  Okay.
[43:12.400 --> 43:15.680]  Did you resist the foreclosure?
[43:15.680 --> 43:17.280]  No.
[43:17.280 --> 43:18.920]  Okay.
[43:18.920 --> 43:24.680]  Okay, probably the most effective thing you can do, and these are not things lawyers should
[43:24.680 --> 43:30.600]  do because lawyers live in a different house than I do.
[43:30.600 --> 43:39.120]  I'm not dangling by my bar card, so I think differently.
[43:39.120 --> 43:43.120]  Probably the best thing to do is a collateral attack.
[43:43.120 --> 43:50.360]  Go back and pull all the documents filed in the public record.
[43:50.360 --> 43:51.360]  Hang on.
[43:51.360 --> 43:52.360]  About to go to break.
[43:52.360 --> 43:57.480]  Randy Kelton, VetPak, Radio, we'll be right back.
[43:57.480 --> 44:07.920]  Hello, my name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by
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[44:37.560 --> 45:01.280]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.280 --> 45:04.440]  Are you the plaintiff or defendant in a lawsuit?
[45:04.440 --> 45:09.720]  Defend your case without an attorney with Jurisdictionary, the affordable, easy-to-understand
[45:09.720 --> 45:14.360]  4-CD course that will show you how in 24 hours, step-by-step.
[45:14.360 --> 45:19.000]  If you have a lawyer, know what your lawyer should be doing.
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[45:28.120 --> 45:34.040]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.040 --> 45:39.320]  Even if you're not in a lawsuit, you can learn what everyone should understand about
[45:39.320 --> 45:43.160]  the principles and practices that control our American courts.
[45:43.160 --> 45:49.880]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.880 --> 45:52.240]  pro se tactics, and much more.
[45:52.240 --> 46:20.800]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:20.800 --> 46:28.640]  Okay, we are back with the Kelton Vet-Pak Rule of Law Radio, and we're talking to Megan
[46:28.640 --> 46:31.040]  in Illinois.
[46:31.040 --> 46:36.800]  Okay, why did you not challenge the foreclosure?
[46:38.800 --> 46:42.720]  Well, it initiated with a divorce, which wrapped up in 2013.
[46:43.520 --> 46:45.120]  So I had already left the house.
[46:45.120 --> 46:50.160]  My husband, who hadn't done anything with the divorce, was pretty much just sitting
[46:50.160 --> 46:54.000]  around, not doing anything with life, was the one sitting in the house for free.
[46:54.000 --> 46:58.240]  We had put ourselves probably in $50,000 worth of debt at that point.
[46:58.240 --> 47:02.480]  So it's not even like I had any accessible money to pay a lawyer to do anything for me.
[47:03.120 --> 47:03.920]  Oh, okay.
[47:03.920 --> 47:04.960]  Okay, that makes sense.
[47:04.960 --> 47:05.460]  Okay.
[47:06.720 --> 47:09.920]  I didn't want to extend letting him live there for another year or two free.
[47:09.920 --> 47:12.560]  I wanted to be broken from him completely.
[47:14.000 --> 47:14.560]  Oh, okay.
[47:14.560 --> 47:19.600]  Lawyers I consulted with had told me that it was possible that even if I could pay a
[47:19.600 --> 47:24.960]  lawyer $10,000 to do a foreclosure defense, it could still result in the same boat that
[47:24.960 --> 47:25.760]  I'm in right now.
[47:25.760 --> 47:29.920]  That at that point, deficiency judgments weren't really being chased yet.
[47:29.920 --> 47:32.320]  So it was sort of like a wait and see game.
[47:32.320 --> 47:36.720]  And even if I had a foreclosure attorney, they couldn't have guaranteed me at that end
[47:36.720 --> 47:39.840]  result that someone eventually wasn't going to come after me anyways.
[47:40.480 --> 47:41.040]  Okay.
[47:41.040 --> 47:45.600]  Nobody can guarantee you anything because the courts are arbitrary and capricious.
[47:45.600 --> 47:51.600]  And that's why I suggest to most people that you try to deal with the other side.
[47:53.600 --> 47:56.560]  And first thing we do is try to get as much leverage as we can.
[47:57.360 --> 48:06.640]  Now, what I suggest you do is look in the public record and find a problem with the
[48:06.640 --> 48:10.560]  foreclosure and there are always problems with the foreclosure.
[48:10.560 --> 48:17.360]  And then file a wrongful foreclosure act and that's going to stop everything.
[48:17.360 --> 48:19.840]  That's going to stop them coming after the deficiency judgment.
[48:20.800 --> 48:23.680]  You hope that they sold the property to a third party.
[48:25.680 --> 48:33.680]  Once you file the wrongful foreclosure suit, then you file a less pendence in the public
[48:33.680 --> 48:35.200]  record on the property.
[48:35.200 --> 48:41.840]  And if a third party's bought it, they're going to go ballistic, but they can't do
[48:41.840 --> 48:42.560]  anything to you.
[48:42.560 --> 48:45.280]  They'll have to go back to the, whoever sold it to them.
[48:46.400 --> 48:50.480]  And the third party purchaser is likely to sue the seller.
[48:52.160 --> 48:55.200]  Then you go to them and say, guys, let's make a deal.
[48:56.320 --> 48:58.000]  You dropped the deficiency.
[48:58.000 --> 48:59.840]  I dropped my suit.
[49:01.280 --> 49:03.120]  So who can help you with that?
[49:03.120 --> 49:06.160]  So who can help me with this around here?
[49:06.160 --> 49:10.480]  Because everyone that I try to contact wants me to just roll over and die and file a chapter
[49:10.480 --> 49:10.960]  13.
[49:10.960 --> 49:16.560]  Look online for fraud stoppers.
[49:16.560 --> 49:17.680]  He's in Chicago.
[49:18.960 --> 49:26.160]  Frank Waldo is in Chicago and what he will do is refer you back to me and I can help
[49:26.160 --> 49:26.720]  you with this.
[49:26.720 --> 49:33.520]  I will teach you how to be the pro se from hell.
[49:36.800 --> 49:44.320]  You as a private citizen have powers and abilities far beyond those of mortal attorneys.
[49:46.160 --> 49:49.280]  We will show you how to make them crazy.
[49:49.280 --> 49:54.320]  But for the most part, you have no idea how powerful you are.
[49:56.240 --> 50:02.800]  And the thing we will help demonstrate is that when you walk into a courthouse, the
[50:02.800 --> 50:10.720]  judge, the bailiff, the clerk, the lawyers, they're all public officials, lawyers of quasi
[50:10.720 --> 50:11.920]  public officials.
[50:12.400 --> 50:14.640]  They're all essentially public servants.
[50:14.640 --> 50:18.320]  They're all essentially public servants.
[50:18.320 --> 50:19.760]  They're the servants.
[50:19.760 --> 50:21.280]  You're the master.
[50:22.480 --> 50:28.960]  And once we show you how to do it, they better not ever forget that because you can wind
[50:28.960 --> 50:32.560]  their clocks, especially the judge.
[50:33.840 --> 50:37.840]  You can wind his clock and there's not anything he can do about it.
[50:38.400 --> 50:42.640]  He's used to dealing with lawyers who come in there dangling by their bar card.
[50:42.640 --> 50:44.720]  He can jerk their bar card on a whim.
[50:45.280 --> 50:52.560]  So he's used to lawyers kowtowing to him and dodging around him because they don't
[50:52.560 --> 50:54.480]  want him upset at him at all.
[50:54.960 --> 50:57.360]  I don't care if that judge is upset with me.
[50:58.240 --> 51:03.920]  First time I get a bad attitude out of the judge, I'm going to be right down his throat.
[51:05.440 --> 51:09.040]  You are here to determine the facts in accordance with the rules of evidence and apply the
[51:09.040 --> 51:10.960]  laws that comes to you with the facts in the case.
[51:10.960 --> 51:16.800]  If you have yourself another agenda, you need to get yourself down off that bench.
[51:16.800 --> 51:22.400]  I have done that to a number of judges and it always gets them to back up.
[51:23.200 --> 51:25.200]  They're thinking, what can I do to this guy?
[51:26.240 --> 51:26.800]  Nothing.
[51:27.840 --> 51:29.360]  What can he do to me?
[51:29.360 --> 51:30.800]  He can crucify me.
[51:30.800 --> 51:38.880]  Well, the main thing you want to be able to do is simply give the other side enough grief
[51:39.920 --> 51:43.360]  that they will want to make a deal with you to get you to go away.
[51:44.720 --> 51:51.440]  Whatever that deficiency judgment is, you can cost them a whole lot more than that.
[51:52.960 --> 51:58.720]  And depending on what I see in the record, the first thing I want to do is look at everything
[51:58.720 --> 52:01.520]  that's been filed in the public record.
[52:04.320 --> 52:14.720]  I spoke earlier about how the banks in 1995 created MERS because they had this investment
[52:14.720 --> 52:26.880]  strategy, this scheme for using residential mortgages as an investment package.
[52:26.880 --> 52:34.880]  You've got long-term investments in retirement plans and you've got long-terms indebtedness
[52:34.880 --> 52:39.120]  in residential mortgages, this is a perfect combination.
[52:39.120 --> 52:46.080]  You sell the mortgages to the investment plan, it's a perfect marriage problem.
[52:47.360 --> 52:54.160]  Real estate, residential real estate has filing requirements that make this impossible.
[52:54.160 --> 53:04.400]  So they come up with this scheme to try to do it in a way that looked legal, but it wasn't.
[53:05.360 --> 53:10.400]  And now their scheme has fallen apart and because they ran this scheme, there were
[53:10.400 --> 53:15.200]  fundamental problems that caused them to screw up everything.
[53:15.200 --> 53:24.400]  Every time I look through the records, I find so much garbage, you wouldn't believe the
[53:24.400 --> 53:26.400]  garbage I find in these things.
[53:27.920 --> 53:30.960]  Well, in 2006, we mortgaged 100%.
[53:30.960 --> 53:35.840]  We didn't even really have verification of Jeff's employment and they still gave us the loan.
[53:35.840 --> 53:40.640]  Another thing that someone had mentioned was perhaps the angle that the broker...
[53:40.640 --> 53:52.080]  Okay, we just got a case out of the U.S. Justice Department with JCP Morgan Chase and I think
[53:52.080 --> 53:53.120]  Bank of America.
[53:54.800 --> 54:01.200]  They were suing them over a bunch of mortgages and they're trying to figure out who actually
[54:01.200 --> 54:02.480]  held the mortgage.
[54:02.480 --> 54:11.120]  And in the decision, the court said that the Justice Department with all of its resources
[54:11.120 --> 54:18.640]  and its thousands of employees could not figure out who actually owned the mortgage.
[54:19.520 --> 54:28.720]  Nobody, not the banks, not the servicers, nobody can figure out who actually owns these
[54:28.720 --> 54:29.280]  mortgages.
[54:29.280 --> 54:32.880]  This is from the federal government.
[54:32.880 --> 54:38.560]  So you got this guy coming here saying, oh, I hold this mortgage.
[54:38.560 --> 54:42.640]  Oh, okay, show me how you got it, Bubba.
[54:44.080 --> 54:45.200]  They cannot do it.
[54:46.480 --> 54:47.520]  Just cannot.
[54:47.520 --> 54:53.120]  Right this minute, since I only have a little less than two weeks before my 30-day window
[54:53.120 --> 54:54.400]  is up, that I should...
[54:54.400 --> 54:59.520]  I don't worry about your 30-day window, but we can get something in.
[54:59.520 --> 55:08.720]  We'll file a quick, a quiet title against the deed of trust and then file a list that
[55:08.720 --> 55:10.160]  stops all these clocks.
[55:13.040 --> 55:18.480]  So send me an email or just write down Fraud Stoppers and then do a search for Fraud Stoppers
[55:18.480 --> 55:25.600]  and contact Frank and then Frank can help me because you're in Chicago and I'm in Texas.
[55:28.000 --> 55:31.120]  So I can help you because I'm familiar with Chicago.
[55:31.760 --> 55:33.440]  I grew up on the near north side.
[55:35.520 --> 55:35.840]  Okay.
[55:36.640 --> 55:37.680]  Great neighborhood.
[55:41.520 --> 55:42.560]  North and western.
[55:44.320 --> 55:46.720]  Normal humans won't walk in that neighborhood.
[55:46.720 --> 55:50.800]  But anyway, get ahold of Frank.
[55:50.800 --> 55:58.000]  Frank will get ahold of me and first thing I'll want to do is a complete analysis of
[55:58.000 --> 56:00.400]  all the documentation filed in the public record.
[56:01.120 --> 56:05.360]  And from that, I'll have claims coming out your ears that you can make against them.
[56:08.240 --> 56:09.200]  And then we go after them.
[56:09.200 --> 56:14.720]  Because a friend has brought up things like the fair debt collection practices,
[56:14.720 --> 56:16.960]  if that applies or if...
[56:16.960 --> 56:18.240]  We're not even going to get there.
[56:20.240 --> 56:22.880]  FDCPA, we won't even get there.
[56:22.880 --> 56:26.880]  What we want to do initially is stay with contractual issues.
[56:26.880 --> 56:31.600]  You go to FDCPA, first thing they're going to do is remove the federal court.
[56:31.600 --> 56:34.080]  The other side is going to file a Rule 12 motion to dismiss.
[56:34.080 --> 56:38.560]  The judge is going to dismiss the prejudice because the federal courts are bought and paid for.
[56:40.640 --> 56:42.320]  The banks own them.
[56:42.320 --> 56:45.680]  So what we want to do is keep it in the state court.
[56:45.680 --> 56:47.440]  They don't own all the state judges.
[56:47.440 --> 56:50.880]  It's not saying the state judges aren't as corrupt as the federal judges.
[56:50.880 --> 56:53.360]  It's just the banks don't own all of them.
[56:54.240 --> 57:00.880]  And they're more politically sensitive and we know how to generate politics.
[57:04.080 --> 57:08.960]  If you listen to the show regular, we'll explain how we do all of this.
[57:08.960 --> 57:14.960]  One thing to understand, you will never win your case simply because you have the law and the facts on your side.
[57:14.960 --> 57:16.960]  To think so is naive.
[57:16.960 --> 57:24.960]  You will only win the case if you have the politics on your side and all politics is local.
[57:24.960 --> 57:28.960]  We will show you how to generate lots of politics.
[57:28.960 --> 57:36.960]  When you start kicking that judge and his professional behind, he can't say anything to you.
[57:36.960 --> 57:46.960]  But he can go grab that lawyer by his throat and tell that lawyer, you better get this woman off of me or I'm going to kick your behind.
[57:46.960 --> 57:50.960]  This is how we generate politics.
[57:50.960 --> 57:52.960]  We generate pressure from the judge.
[57:52.960 --> 57:58.960]  We generate pressure from the banks on these lawyers to come to the table and make a deal and make all this go away.
[57:58.960 --> 58:04.960]  Thank you so much for talking to me and I'll email you.
[58:04.960 --> 58:10.960]  Contact Frank Waldo at Fraud Stoppers and he'll get us together and we'll get you something.
[58:10.960 --> 58:12.960]  We're out two weeks.
[58:12.960 --> 58:16.960]  There's plenty of time to get something in and get these guys backed up.
[58:16.960 --> 58:18.960]  Okay. Thanks so much.
[58:18.960 --> 58:20.960]  Okay. Thank you, Megan.
[58:20.960 --> 58:28.960]  Okay. We're about to go to break. When we come back, we're going to go to Duggan, Ohio and then Jay from Georgia.
[58:28.960 --> 58:30.960]  We'll get to both of you.
[58:30.960 --> 58:50.960]  We'll be right back.
[58:50.960 --> 59:00.960]  We'll be right back.
[59:20.960 --> 59:26.960]  Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:26.960 --> 59:32.960]  To order your free New Testament recovery version and basic elements of the Christian life,
[59:32.960 --> 59:40.960]  call Bibles for America toll free at 888-551-0102.
[59:40.960 --> 59:44.960]  That's 888-551-0102.
[59:44.960 --> 59:51.960]  Or visit us online at bfa.org.
[59:51.960 --> 01:00:01.960]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:01.960 --> 01:00:09.960]  The following news flash is brought to you by the Lone Star Lowdown, providing the jelly bulletins for the commodity market,
[01:00:09.960 --> 01:00:22.960]  today in history, news updates, and the inside scoop into the tides of the alternatives.
[01:00:22.960 --> 01:00:30.960]  Markets for Wednesday the 22nd of June, 2016, are currently trading with gold at $1,265.56 an ounce,
[01:00:30.960 --> 01:00:38.960]  silver $17.28 an ounce, Texas crude $48.85 a barrel, and Bitcoin dropped to $625 U.S. currency.
[01:00:38.960 --> 01:00:46.960]  Today in history, the year?
[01:00:46.960 --> 01:00:53.960]  Last year, 2015, South Carolina Governor Nikki Haley calls for the removal of the Confederate flag from the statehouse grounds
[01:00:53.960 --> 01:00:57.960]  in the wake of the senseless killings in a Charleston historic church.
[01:00:57.960 --> 01:01:01.960]  It was this event which led to the nationwide ban on the Confederate Dixie flag.
[01:01:01.960 --> 01:01:10.960]  Today in history, and recent news, House Democrats had a sit-down on the floor of the House chamber today.
[01:01:10.960 --> 01:01:17.960]  They effectively forced the House into a temporary recess as part of an effort to get Republicans to vote on gun control legislation.
[01:01:17.960 --> 01:01:23.960]  Representative John Lewis, Democrat from Georgia, a civil rights leader who led sit-ins all throughout the 1960s,
[01:01:23.960 --> 01:01:28.960]  led the effort with sharp criticisms towards Congress for not voting in favor to pass more gun restrictions.
[01:01:28.960 --> 01:01:35.960]  Democrats are planning to essentially hijack the House floor both Wednesday and Thursday in an effort to get gun control measures a hearing.
[01:01:35.960 --> 01:01:40.960]  A spokeswoman for Representative Speaker of the House Paul Ryan, Ashley Strong, said that,
[01:01:40.960 --> 01:01:47.960]  The House cannot operate without members following the rules of the institution, so the House has recess subject to the call of the chair.
[01:01:47.960 --> 01:01:51.960]  As a minority party, Democrats have virtually no power over which bills are voted on.
[01:01:51.960 --> 01:01:56.960]  The only thing they can do is protest or use procedural maneuvers, of which they plan to do both this week.
[01:01:56.960 --> 01:01:58.960]  So keep your eyes on the House floor.
[01:01:58.960 --> 01:02:13.960]  Ultimately, the goal is to force lawmakers to vote on a bipartisan bill that would give the FBI and Attorney General the power to ban people on the controversial no-fly list from purchasing firearms.
[01:02:13.960 --> 01:02:21.960]  According to a government report by the Treasury Department released today, the trust fund used to pay hospital insurance costs for Medicare will be emptied out by 2028,
[01:02:21.960 --> 01:02:28.960]  about two years earlier than calculated, while the Social Security Trust Fund has enough cash to pay full benefits for only another 18 years.
[01:02:28.960 --> 01:02:35.960]  The trustees overseeing both stated that reforms are needed in order to avoid cutting health care and retirement benefits for Americans.
[01:02:35.960 --> 01:02:46.960]  Acting Commissioner of the Social Security Administration, Carolyn Culvin, said that increasing payroll taxes by slightly more than 1 percent could improve the solvency of the fund over the next 75 years.
[01:02:46.960 --> 01:02:53.960]  Maybe it's time we start looking for and creating options that don't involve Uncle Sam.
[01:02:53.960 --> 01:03:11.960]  This is Rick Brody with your Lowdown for June 22, 2016.
[01:03:11.960 --> 01:03:17.960]  Okay, we are back at Randy Chilton, Vet Pack, Rue La Radio, and we're going to Doug in Ohio.
[01:03:17.960 --> 01:03:19.960]  Hello, Doug.
[01:03:19.960 --> 01:03:20.960]  Good evening, Randy.
[01:03:20.960 --> 01:03:21.960]  How are you?
[01:03:21.960 --> 01:03:22.960]  I am good.
[01:03:22.960 --> 01:03:26.960]  I don't care what everybody says.
[01:03:26.960 --> 01:03:27.960]  Okay.
[01:03:27.960 --> 01:03:29.960]  I've got a foreclosure.
[01:03:29.960 --> 01:03:40.960]  I'm in the appellate phase, appeal phase, and I just wanted to see what your thoughts might be based on a sequence of events I'll lay out for you.
[01:03:40.960 --> 01:03:50.960]  And so late last April, that would be 14, 15 months ago, I put in rescission notices, sent them out.
[01:03:50.960 --> 01:03:53.960]  Wait, you put in what?
[01:03:53.960 --> 01:03:55.960]  I sent out notices of rescission.
[01:03:55.960 --> 01:03:56.960]  Oh, rescission.
[01:03:56.960 --> 01:03:57.960]  Okay.
[01:03:57.960 --> 01:03:58.960]  Hold on.
[01:03:58.960 --> 01:04:06.960]  When you sent out the notice of rescission, had you received a notice of acceleration?
[01:04:06.960 --> 01:04:07.960]  Probably.
[01:04:07.960 --> 01:04:12.960]  I mean, I was already three years into the foreclosure action.
[01:04:12.960 --> 01:04:13.960]  Oh, okay.
[01:04:13.960 --> 01:04:14.960]  Good.
[01:04:14.960 --> 01:04:17.960]  Then you received a notice of acceleration.
[01:04:17.960 --> 01:04:18.960]  Okay, good.
[01:04:18.960 --> 01:04:19.960]  Yeah.
[01:04:19.960 --> 01:04:20.960]  Okay.
[01:04:20.960 --> 01:04:29.960]  So the trustee, the original lender went bankrupt in 2006, and that will have significance here in a moment.
[01:04:29.960 --> 01:04:41.960]  So I got this letter from the CEO of the liquidating trustee saying as of 2006, the lender didn't, or 2007, they didn't have any loan on their books.
[01:04:41.960 --> 01:04:42.960]  Okay.
[01:04:42.960 --> 01:04:48.960]  So I put that letter and the fact that I had done rescission in a notice into the court.
[01:04:48.960 --> 01:04:49.960]  Okay.
[01:04:49.960 --> 01:04:54.960]  So about a week later, they rendered judgment for foreclosure for Wells Fargo.
[01:04:54.960 --> 01:04:55.960]  Okay.
[01:04:55.960 --> 01:04:56.960]  Okay.
[01:04:56.960 --> 01:04:57.960]  Hold on.
[01:04:57.960 --> 01:05:00.960]  Who was the original lender?
[01:05:00.960 --> 01:05:02.960]  SMS Capital.
[01:05:02.960 --> 01:05:03.960]  Okay.
[01:05:03.960 --> 01:05:09.960]  And that company went out of business in 2006?
[01:05:09.960 --> 01:05:11.960]  2007.
[01:05:11.960 --> 01:05:12.960]  2007.
[01:05:12.960 --> 01:05:13.960]  Okay.
[01:05:13.960 --> 01:05:23.960]  Is there an assignment in the record prior to 2007 by the original lender to a third party?
[01:05:23.960 --> 01:05:24.960]  No, there's not.
[01:05:24.960 --> 01:05:29.960]  The only, the sole assignment was done in 2011.
[01:05:29.960 --> 01:05:30.960]  Okay.
[01:05:30.960 --> 01:05:36.960]  Did this company go out of business through bankruptcy?
[01:05:36.960 --> 01:05:45.960]  Apparently, because I got a letter, that's who I sent the notice of rescission letter to was the liquidating trustee company.
[01:05:45.960 --> 01:05:46.960]  Okay.
[01:05:46.960 --> 01:05:48.960]  For SMS Capital.
[01:05:48.960 --> 01:06:04.960]  Is there a notice of assignment by the liquidating trustee notifying you of who the trustee assigned your mortgage to?
[01:06:04.960 --> 01:06:09.960]  Never heard of them until we researched it and found out that who the trustee was.
[01:06:09.960 --> 01:06:12.960]  No, I got nothing from the trustee.
[01:06:12.960 --> 01:06:18.960]  Okay. Let me, these are things that most people don't even think about.
[01:06:18.960 --> 01:06:19.960]  Okay.
[01:06:19.960 --> 01:06:27.960]  You got this company here and this company has a set of assets and it goes bankrupt.
[01:06:27.960 --> 01:06:35.960]  When it files for bankruptcy, it transfers all of its assets to the bankruptcy trustee.
[01:06:35.960 --> 01:06:46.960]  Now, if it's real property, then normally you would have to file notice of that with the clerk of the court, but with the county clerk.
[01:06:46.960 --> 01:06:51.960]  But if you only hold it six months or less, you don't have to make that filing.
[01:06:51.960 --> 01:06:54.960]  I'm sorry, 60 days or less.
[01:06:54.960 --> 01:06:59.960]  So it transfers all the assets to the liquidating trustee.
[01:06:59.960 --> 01:07:05.960]  Then the trustee will transfer those assets to some third party.
[01:07:05.960 --> 01:07:20.960]  Well, once the trustee takes possession, the trustee, if he transfers it to someone else, then he would have to file a assignment in the public record.
[01:07:20.960 --> 01:07:39.960]  So what this does is creates a logical conclusion that if the liquidating trustee didn't file that assignment in the record,
[01:07:39.960 --> 01:07:57.960]  then it's very good reason to believe that the lender who went out of business did not hold your note as an asset when it went out of business.
[01:07:57.960 --> 01:08:04.960]  But it also didn't file an assignment of that asset to someone else.
[01:08:04.960 --> 01:08:12.960]  So someone else has the asset, but they don't have an assignment of the security instrument.
[01:08:12.960 --> 01:08:21.960]  And when the original lender went out of business without assigning that security instrument to somebody else, they abandoned it.
[01:08:21.960 --> 01:08:24.960]  That's the argument to make there.
[01:08:24.960 --> 01:08:31.960]  The other one is, is there an assignment in the record at all?
[01:08:31.960 --> 01:08:38.960]  There's only one that, like I said, there was been from FMF Capital through MERS as nominee.
[01:08:38.960 --> 01:08:41.960]  Wait a minute, wait a minute, hold on, hold on, you're getting real bad distortion.
[01:08:41.960 --> 01:08:45.960]  Can you move the Mac down by your chin?
[01:08:45.960 --> 01:08:48.960]  Yeah, I was on speaker also, so sorry about that.
[01:08:48.960 --> 01:08:49.960]  Oh, okay.
[01:08:49.960 --> 01:08:58.960]  There was one single assignment that was from FMF Capital through MERS as nominee to Wells Fargo.
[01:08:58.960 --> 01:09:02.960]  Okay, FMF, was that the original lender?
[01:09:02.960 --> 01:09:04.960]  Yes.
[01:09:04.960 --> 01:09:05.960]  Okay.
[01:09:05.960 --> 01:09:06.960]  Yes.
[01:09:06.960 --> 01:09:10.960]  When was that assignment done?
[01:09:10.960 --> 01:09:14.960]  2011.
[01:09:14.960 --> 01:09:21.960]  Okay, I have a pretty basic question.
[01:09:21.960 --> 01:09:33.960]  FMF Capital was a person under law, corporations and legal fictions are persons for the purpose of certain rights.
[01:09:33.960 --> 01:09:38.960]  Well, 2007, that person died.
[01:09:38.960 --> 01:09:58.960]  So how did that person appoint MERS as an agent for that person and how did that person direct MERS to transfer an asset of that person to some other party?
[01:09:58.960 --> 01:10:03.960]  Yeah, I understand and that's a point I'm bringing to bear in my appeal.
[01:10:03.960 --> 01:10:06.960]  That would have been impossible, I would think.
[01:10:06.960 --> 01:10:17.960]  Yes, have you, in the suit, did you challenge the assignment as void?
[01:10:17.960 --> 01:10:22.960]  Yes, well, in the notice I put into the court, I did, yes.
[01:10:22.960 --> 01:10:33.960]  Okay, good, good, because if you hadn't, there is another tactic you can use and that is to challenge the subject matter jurisdiction of the court.
[01:10:33.960 --> 01:10:36.960]  Can I do that even at this point?
[01:10:36.960 --> 01:10:40.960]  I guess you can challenge subject matter jurisdiction anytime, correct?
[01:10:40.960 --> 01:10:53.960]  Exactly and what you say is, is that the alleged holder of the instrument does not properly hold the instrument
[01:10:53.960 --> 01:11:01.960]  and therefore lacks the legal capacity to bring a true controversy to the court.
[01:11:01.960 --> 01:11:07.960]  And thereby is unable to invoke the subject matter jurisdiction of the court.
[01:11:07.960 --> 01:11:13.960]  You're not saying that the court does not have general jurisdiction over the subject matter,
[01:11:13.960 --> 01:11:25.960]  but that the court lacks competency to rule on the subject matter because the plaintiff is unable to bring a controversy before the court.
[01:11:25.960 --> 01:11:26.960]  Does that make sense?
[01:11:26.960 --> 01:11:29.960]  Okay, yes it does.
[01:11:29.960 --> 01:11:34.960]  You know, it was interesting to me that the court didn't even acknowledge the rescission at all,
[01:11:34.960 --> 01:11:39.960]  just like it just ran right ahead and, you know, went forward.
[01:11:39.960 --> 01:11:47.960]  And I put another notice in at the 20-day period for there to be any challenge to the rescission.
[01:11:47.960 --> 01:11:50.960]  Try suing the judge.
[01:11:50.960 --> 01:11:53.960]  Okay, and what kind of action?
[01:11:53.960 --> 01:12:03.960]  No subject matter jurisdiction, no immunity of any kind.
[01:12:03.960 --> 01:12:05.960]  That would be a civil action?
[01:12:05.960 --> 01:12:07.960]  Yeah.
[01:12:07.960 --> 01:12:08.960]  Okay.
[01:12:08.960 --> 01:12:13.960]  The only time you can sue a judge is when he acts without subject matter jurisdiction.
[01:12:13.960 --> 01:12:18.960]  And it makes no difference if you didn't challenge it.
[01:12:18.960 --> 01:12:22.960]  If he didn't have it, he did not have it.
[01:12:22.960 --> 01:12:24.960]  You can't grant him jurisdiction.
[01:12:24.960 --> 01:12:27.960]  You can't waive jurisdiction.
[01:12:27.960 --> 01:12:30.960]  If he didn't have it to start with, he never has it.
[01:12:30.960 --> 01:12:33.960]  He can never gain in it.
[01:12:33.960 --> 01:12:38.960]  And when he acts without subject matter jurisdiction, you can sue him.
[01:12:38.960 --> 01:12:44.960]  We sued a judge in Austin over traffic, over a credit card issue.
[01:12:44.960 --> 01:12:46.960]  I was helping a guy.
[01:12:46.960 --> 01:12:54.960]  And the lawyer filed suit, and there was an affidavit that was required to be filed with it,
[01:12:54.960 --> 01:12:57.960]  and they didn't file the affidavit.
[01:12:57.960 --> 01:13:05.960]  So a cursory look at the public record showed, would demonstrate that this document was not there,
[01:13:05.960 --> 01:13:09.960]  a necessary requirement for the filing of the case.
[01:13:09.960 --> 01:13:16.960]  So we maintained that the plaintiff failed to meet the filing requirements,
[01:13:16.960 --> 01:13:20.960]  and therefore did not invoke the subject matter jurisdiction to court.
[01:13:20.960 --> 01:13:25.960]  And so we filed a challenge, and the judge comes into court.
[01:13:25.960 --> 01:13:28.960]  And this is a JP and an eviction hearing.
[01:13:28.960 --> 01:13:32.960]  And the client said, well, Your Honor, what are you doing here?
[01:13:32.960 --> 01:13:33.960]  He said, you can't be here.
[01:13:33.960 --> 01:13:34.960]  I sued you.
[01:13:34.960 --> 01:13:36.960]  What, what, what?
[01:13:36.960 --> 01:13:37.960]  He had never seen it.
[01:13:37.960 --> 01:13:42.960]  He went and got the case, and he's reading it and saying, oh, my, oh, my.
[01:13:42.960 --> 01:13:49.960]  And he finally said, Mr. Edelman, it's not my place to determine jurisdiction.
[01:13:49.960 --> 01:13:51.960]  You have to do that.
[01:13:51.960 --> 01:13:53.960]  And he took instruction well.
[01:13:53.960 --> 01:13:58.960]  He said, with all due respect, Your Honor, before you send me this summons,
[01:13:58.960 --> 01:14:03.960]  ordering me to come to your court and telling me all of the things you're going to do to me,
[01:14:03.960 --> 01:14:09.960]  if you, if I don't, you need to make sure you have the authority to do that.
[01:14:09.960 --> 01:14:14.960]  He said the judge just had the file in his hand and went back to reading it
[01:14:14.960 --> 01:14:20.960]  and walked out of the courtroom saying, oh, my, oh, my.
[01:14:20.960 --> 01:14:25.960]  So he got the county attorney to file an answer for him.
[01:14:25.960 --> 01:14:32.960]  So he sued the county attorney for misappropriation of public funds.
[01:14:32.960 --> 01:14:36.960]  We sued that judge in his personal capacity.
[01:14:36.960 --> 01:14:42.960]  And he used a public servant to file his answer, so we sued the county attorney.
[01:14:42.960 --> 01:14:44.960]  That was great fun.
[01:14:44.960 --> 01:14:46.960]  Wow.
[01:14:46.960 --> 01:14:48.960]  Such a big matter of jurisdiction.
[01:14:48.960 --> 01:14:50.960]  That is their weakness.
[01:14:50.960 --> 01:14:51.960]  Okay.
[01:14:51.960 --> 01:14:56.960]  Now, they also went ahead and ordered a share of sale and went through with the share of sale.
[01:14:56.960 --> 01:15:02.960]  Now, I had filed a suit before the sale as like an emergency thing to get an emergency stay.
[01:15:02.960 --> 01:15:06.960]  This guy helped me draw up a suit and put it in.
[01:15:06.960 --> 01:15:10.960]  Well, he dismissed it, but I did get a Liz Tendence recorded.
[01:15:10.960 --> 01:15:19.960]  And I also have recorded a mortgage lien from a trust I have against me.
[01:15:19.960 --> 01:15:23.960]  So I wanted to just run it right across that and ignoring all that.
[01:15:23.960 --> 01:15:31.960]  And I'm just thinking Wells Fargo can't even take possession of the property, even though I got an eviction notice today.
[01:15:31.960 --> 01:15:38.960]  So it just seems like they're heaping up, you know, looking to get hooked up real good.
[01:15:38.960 --> 01:15:43.960]  Now, you file a challenge subject matter jurisdiction of the court.
[01:15:43.960 --> 01:15:48.960]  And you petition for a stay of execution.
[01:15:48.960 --> 01:15:50.960]  Ah, okay.
[01:15:50.960 --> 01:16:02.960]  Now, keep in mind, a higher court cannot restrict the eviction court judge.
[01:16:02.960 --> 01:16:07.960]  The eviction court judge has exclusive jurisdiction over eviction issues.
[01:16:07.960 --> 01:16:11.960]  But he can restrict the plaintiff.
[01:16:11.960 --> 01:16:21.960]  So be careful when you ask for a restraining order, ask the court to restrain the plaintiff, not the court, not the prior court.
[01:16:21.960 --> 01:16:23.960]  Ah, okay.
[01:16:23.960 --> 01:16:28.960]  That's an important detail.
[01:16:28.960 --> 01:16:35.960]  Okay, so in my, let me see if I got that right here.
[01:16:35.960 --> 01:16:37.960]  Going to break, huh? Okay.
[01:16:37.960 --> 01:16:39.960]  And we got about 20 seconds.
[01:16:39.960 --> 01:16:41.960]  Yeah, okay, we'll go ahead and do the outro.
[01:16:41.960 --> 01:16:44.960]  This is Randy Kelton, Debt Pact, Wheel of Honor Radio.
[01:16:44.960 --> 01:16:48.960]  I call it number 512-646-1984.
[01:16:48.960 --> 01:16:59.960]  We'll be right back.
[01:16:59.960 --> 01:17:04.960]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:17:48.960 --> 01:18:01.960]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
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[01:19:21.960 --> 01:19:29.960]  Okay.
[01:19:29.960 --> 01:19:30.960]  We are back.
[01:19:30.960 --> 01:19:32.960]  Randy Kelton, Vet Pack, Rue La Radio.
[01:19:32.960 --> 01:19:36.960]  And we're talking to Doug in Ohio.
[01:19:36.960 --> 01:19:38.960]  Okay.
[01:19:38.960 --> 01:19:39.960]  Yes.
[01:19:39.960 --> 01:19:44.960]  I'm getting to where I'm getting pretty methodical with these issues.
[01:19:44.960 --> 01:19:51.960]  And it's because I'm thinking about them from a different perspective.
[01:19:51.960 --> 01:19:57.960]  Mostly people tend to think about these from what can I win in court?
[01:19:57.960 --> 01:20:04.960]  And over time in dealing with these, I've come to realize you can't win anything in court.
[01:20:04.960 --> 01:20:10.960]  The courts are going to rule against you out of hand at every turn no matter what you do.
[01:20:10.960 --> 01:20:14.960]  Okay. I'm an engineer, so I don't do philosophy.
[01:20:14.960 --> 01:20:20.960]  You know, I could say, oh, that's horrible, that's wrong, blah, blah, blah, but that won't do any good.
[01:20:20.960 --> 01:20:21.960]  It is what it is.
[01:20:21.960 --> 01:20:25.960]  So how do we deal with it the way it is?
[01:20:25.960 --> 01:20:39.960]  How can I create a situation to where it's going to cost the guy on the other side more to fight me than to deal with me?
[01:20:39.960 --> 01:20:42.960]  That's always my perspective.
[01:20:42.960 --> 01:20:47.960]  You start kicking the judge in the seat of his pants.
[01:20:47.960 --> 01:20:52.960]  You know, the lawyer has a bar card and you don't.
[01:20:52.960 --> 01:20:54.960]  The judge can't do anything to you.
[01:20:54.960 --> 01:20:56.960]  He's going to rule against you no matter what.
[01:20:56.960 --> 01:21:00.960]  So you don't care if he said at you, who cares?
[01:21:00.960 --> 01:21:02.960]  You want to get mad, Judge?
[01:21:02.960 --> 01:21:03.960]  Knock yourself out.
[01:21:03.960 --> 01:21:05.960]  So I'll give you mad.
[01:21:05.960 --> 01:21:09.960]  Judicial conduct complaints you every time you turn around.
[01:21:09.960 --> 01:21:16.960]  And if you say one word to me about it, I'll charge you with obstruction or witness tampering.
[01:21:16.960 --> 01:21:18.960]  You can do that kind of stuff.
[01:21:18.960 --> 01:21:29.960]  So think in terms of how can I give the guy on the other side a good reason to want to make me go away?
[01:21:29.960 --> 01:21:47.960]  Doug, have you pulled all of the records from the county recorder's office and created a statement of facts based on those records to show how the chain of title doesn't fit together?
[01:21:47.960 --> 01:21:49.960]  I have not.
[01:21:49.960 --> 01:21:52.960]  That should be the first thing you do.
[01:21:52.960 --> 01:21:56.960]  Now, I do these evaluations, but you don't need me.
[01:21:56.960 --> 01:21:58.960]  It's all really straightforward.
[01:21:58.960 --> 01:22:01.960]  You pull all those records and say, who's the lender?
[01:22:01.960 --> 01:22:03.960]  Okay, original lender.
[01:22:03.960 --> 01:22:09.960]  How did the original lender transfer the property to the next person in line?
[01:22:09.960 --> 01:22:13.960]  I don't know the statute in Ohio, but I know you have one.
[01:22:13.960 --> 01:22:18.960]  In Texas, the statute is 13.001.
[01:22:18.960 --> 01:22:35.960]  And it says any claim against real property, not properly acknowledged or proven, acknowledged notary, proven to witnesses, and filed in the public record is void as to the holder.
[01:22:35.960 --> 01:22:42.960]  This is the point most lawyers miss and most people who fight these things miss.
[01:22:42.960 --> 01:22:52.960]  In order for the public record to have any value, Ohio has to have that law.
[01:22:52.960 --> 01:22:58.960]  If I go look, if I'm going to buy your property, Doug, I want to know if there's any claims against it.
[01:22:58.960 --> 01:23:01.960]  So I'm going to go look in the public record.
[01:23:01.960 --> 01:23:03.960]  That's why they have it.
[01:23:03.960 --> 01:23:11.960]  If you don't file your claim in the public record, then I have a right to trust what I see there.
[01:23:11.960 --> 01:23:14.960]  If I don't see a claim, I buy your property.
[01:23:14.960 --> 01:23:20.960]  You come by five years later and say, hey, I've got this claim against this property.
[01:23:20.960 --> 01:23:23.960]  I'm going to tell you, go scratch.
[01:23:23.960 --> 01:23:25.960]  I bought this in good faith.
[01:23:25.960 --> 01:23:29.960]  There's no evidence of that claim, so you can't bring it.
[01:23:29.960 --> 01:23:32.960]  Every state's going to have that requirement.
[01:23:32.960 --> 01:23:35.960]  Otherwise, there's no reason to have a counter recorder.
[01:23:35.960 --> 01:23:36.960]  So you got it.
[01:23:36.960 --> 01:23:39.960]  So always think in those terms.
[01:23:39.960 --> 01:23:48.960]  When I look in the public record, if I don't find a direct chain of title to this claimant, I don't care what you got.
[01:23:48.960 --> 01:23:58.960]  I don't care if you are, in fact, the bona fide, absolute true holder of the note and security instrument.
[01:23:58.960 --> 01:24:00.960]  I don't care.
[01:24:00.960 --> 01:24:07.960]  If you don't have it filed in the public record, you can use that for toilet paper.
[01:24:07.960 --> 01:24:16.960]  You know, we have Joe Esquivel's affidavit and security analysis in the record.
[01:24:16.960 --> 01:24:22.960]  And he's brought some of those points that you were mentioning to bear.
[01:24:22.960 --> 01:24:35.960]  Yeah, but I have not found those securities analysis to be very valuable because primarily they go after securitization.
[01:24:35.960 --> 01:24:36.960]  Right.
[01:24:36.960 --> 01:24:38.960]  I don't care about securitization.
[01:24:38.960 --> 01:24:44.960]  The only time I care about securitization, I've had about three.
[01:24:44.960 --> 01:24:48.960]  This one, Wells Fargo was the original lender.
[01:24:48.960 --> 01:24:57.960]  Wells Fargo was the servicer the entire time, and Wells Fargo was the entity trying to foreclose.
[01:24:57.960 --> 01:25:04.960]  Now, I have a complete chain of title in the public record.
[01:25:04.960 --> 01:25:06.960]  I don't have anything.
[01:25:06.960 --> 01:25:16.960]  So now I want to know if Wells Fargo is, in fact, the holder or did Wells Fargo sell that note to somebody else.
[01:25:16.960 --> 01:25:23.960]  That is the only time I care about a securitization audit.
[01:25:23.960 --> 01:25:26.960]  Otherwise, I don't care.
[01:25:26.960 --> 01:25:41.960]  I never bothered to get there because read Covenant 16, it's magic, the governing law and severability clause.
[01:25:41.960 --> 01:25:46.960]  In Covenant 16, both parties agree to abide by all relevant law.
[01:25:46.960 --> 01:25:57.960]  If I make a whole petite arrest claim, I never claim the remedy provided by the federal government.
[01:25:57.960 --> 01:26:04.960]  The remedy I claim is breach of contract, breach of Covenant 16.
[01:26:04.960 --> 01:26:07.960]  They failed to abide by all laws.
[01:26:07.960 --> 01:26:11.960]  Therefore, they repudiated the contract.
[01:26:11.960 --> 01:26:16.960]  That keeps me out of the federal court.
[01:26:16.960 --> 01:26:21.960]  So can I gather all the facts in the public record, like you were saying,
[01:26:21.960 --> 01:26:27.960]  and write up a statement of the facts and put that in as an exhibit to my petition to challenge subject matter jurisdiction?
[01:26:27.960 --> 01:26:29.960]  Is that how I should arrange it?
[01:26:29.960 --> 01:26:31.960]  Absolutely.
[01:26:31.960 --> 01:26:36.960]  And if you want me to contact me by email, I can do the evaluation for you.
[01:26:36.960 --> 01:26:43.960]  But I charge for that because it only takes me two or three days to go through all of these little pieces.
[01:26:43.960 --> 01:26:48.960]  I find gems in there.
[01:26:48.960 --> 01:26:52.960]  So do you want me to gather all this stuff up and send it to you as an attachment?
[01:26:52.960 --> 01:26:53.960]  Yes.
[01:26:53.960 --> 01:26:57.960]  This is how I would want it done.
[01:26:57.960 --> 01:27:00.960]  There's a universal dating system.
[01:27:00.960 --> 01:27:07.960]  And in the universal dating system, you use the, I'm sorry, the universal international dating system.
[01:27:07.960 --> 01:27:13.960]  You put the year dash month dash day all in numbers.
[01:27:13.960 --> 01:27:23.960]  If you name your files, you know, when I work with someone, I want to put their last name, then year dash month dash day,
[01:27:23.960 --> 01:27:25.960]  and then what the file is.
[01:27:25.960 --> 01:27:28.960]  You drop that in a folder and open the folder.
[01:27:28.960 --> 01:27:33.960]  These will automatically order themselves in chronological order.
[01:27:33.960 --> 01:27:39.960]  I generally spend half my time when I do an evaluation getting all the documents in order.
[01:27:39.960 --> 01:27:45.960]  I have to open up each document and study the document to figure out what it is.
[01:27:45.960 --> 01:27:49.960]  And then I put, then I save the document as a name.
[01:27:49.960 --> 01:27:52.960]  And this is a, here's the date of the document.
[01:27:52.960 --> 01:27:56.960]  I put the date the document was filed in the record.
[01:27:56.960 --> 01:28:04.960]  And then I put, this is a deed of trust, lender, and amount.
[01:28:04.960 --> 01:28:06.960]  I'll put that in the title.
[01:28:06.960 --> 01:28:08.960]  And then there's an assignment.
[01:28:08.960 --> 01:28:14.960]  I'll put the date from to by.
[01:28:14.960 --> 01:28:21.960]  And that would be by merge or by the borrower.
[01:28:21.960 --> 01:28:26.960]  So that when it lines itself out, I can go right down that thing.
[01:28:26.960 --> 01:28:32.960]  And if there's a document missing, it will leap right out at you.
[01:28:32.960 --> 01:28:40.960]  And it's a dramatically safe, if you keep all of your files of this nature done that way.
[01:28:40.960 --> 01:28:44.960]  I had a clinical psychologist friend of mine that did his files that way.
[01:28:44.960 --> 01:28:49.960]  And I looked at his files and I said, that is absolutely incredible.
[01:28:49.960 --> 01:28:53.960]  It was so simple, but that's half of the evaluation.
[01:28:53.960 --> 01:28:58.960]  So if you order them that way, then I can go down them quickly.
[01:28:58.960 --> 01:29:01.960]  And I have a method for doing this.
[01:29:01.960 --> 01:29:07.960]  I open the document and I say, on this day there was filed in the record a document titled as follows.
[01:29:07.960 --> 01:29:13.960]  And I go over to the document, capture out the title and drop it in this document.
[01:29:13.960 --> 01:29:20.960]  The lender was defined, the borrower was defined as I go capture it out of the document and put it in.
[01:29:20.960 --> 01:29:27.960]  So I never make a statement directly, make all the statements out of the documents themselves.
[01:29:27.960 --> 01:29:31.960]  It comes up a pretty compelling piece.
[01:29:31.960 --> 01:29:37.960]  First I do statement of facts where I cut and paste pieces of the documents.
[01:29:37.960 --> 01:29:41.960]  And then I go to a statement of factual accusation.
[01:29:41.960 --> 01:29:52.960]  I refer up to those images that I put in and show how they all fit together.
[01:29:52.960 --> 01:29:54.960]  It turns out to be a pretty serious piece of work.
[01:29:54.960 --> 01:30:02.960]  Hang on, we'll be right back.
[01:30:02.960 --> 01:30:07.960]  Stroke, it's the third leading cause of death in the U.S. behind heart disease and cancer.
[01:30:07.960 --> 01:30:09.960]  Do you know the telltale signs?
[01:30:09.960 --> 01:30:15.960]  I'm Dr. Catherine Albrecht and I'll be back with information that could save your life or the life of someone you love.
[01:30:15.960 --> 01:30:17.960]  Privacy is under attack.
[01:30:17.960 --> 01:30:20.960]  When you give up data about yourself, you'll never get it back again.
[01:30:20.960 --> 01:30:25.960]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.960 --> 01:30:30.960]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:30.960 --> 01:30:33.960]  Privacy, it's worth hanging on to.
[01:30:33.960 --> 01:30:36.960]  This public service announcement is brought to you by StartPage.com,
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[01:30:43.960 --> 01:30:49.960]  A stroke occurs when part of your brain is deprived of oxygen because of a blocked or broken blood vessel.
[01:30:49.960 --> 01:30:53.960]  The brain will start to die unless you get fast emergency medical treatment,
[01:30:53.960 --> 01:30:56.960]  so it's important to know these warning signs.
[01:30:56.960 --> 01:31:01.960]  Sudden numbness or weakness of the face, arm, or leg, especially on one side of the body.
[01:31:01.960 --> 01:31:04.960]  Sudden confusion or trouble speaking and understanding.
[01:31:04.960 --> 01:31:07.960]  Sudden trouble seeing out of one or both eyes.
[01:31:07.960 --> 01:31:11.960]  Sudden trouble walking, dizziness, or loss of balance in coordination.
[01:31:11.960 --> 01:31:15.960]  And sudden severe headache with no known cause.
[01:31:15.960 --> 01:31:19.960]  If you or a loved one experiences any of these symptoms, call 911.
[01:31:19.960 --> 01:31:21.960]  Fast treatment saves lives.
[01:31:21.960 --> 01:31:29.960]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:29.960 --> 01:31:35.960]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.960 --> 01:31:37.960]  The government says that fire brought it down.
[01:31:37.960 --> 01:31:42.960]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.960 --> 01:31:45.960]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.960 --> 01:31:47.960]  Thousands of my fellow first responders are dying.
[01:31:47.960 --> 01:31:49.960]  I'm not a conspiracy theorist.
[01:31:49.960 --> 01:31:50.960]  I'm a structural engineer.
[01:31:50.960 --> 01:31:51.960]  I'm a New York City correction officer.
[01:31:51.960 --> 01:31:52.960]  I'm an Air Force pilot.
[01:31:52.960 --> 01:31:54.960]  I'm a father who lost his son.
[01:31:54.960 --> 01:31:56.960]  We're Americans, and we deserve the truth.
[01:31:56.960 --> 01:31:59.960]  Go to RememberBuilding7.org today.
[01:32:26.960 --> 01:32:31.960]  We trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:31.960 --> 01:32:37.960]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
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[01:32:40.960 --> 01:32:44.960]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:44.960 --> 01:32:49.960]  So if those out of town roofers come knocking, your door should be locking.
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[01:32:55.960 --> 01:32:57.960]  Discounts are based on full roof replacement.
[01:32:57.960 --> 01:33:00.960]  May not actually be kidding about chemtrails.
[01:33:00.960 --> 01:33:03.960]  You are listening to the Logos Radio Network.
[01:33:03.960 --> 01:33:10.960]  Logosradionetwork.com.
[01:33:10.960 --> 01:33:25.960]  Okay, we are back.
[01:33:25.960 --> 01:33:30.960]  Randy Kelton, Vet Pack, Wheelbar Radio, and talking to Doug in Ohio.
[01:33:30.960 --> 01:33:36.960]  And, Doug, I have Jay in Georgia, and I'm going to bring, I'm going to do something a little unconventional.
[01:33:36.960 --> 01:33:43.960]  I'm going to bring Jay up at the same time because both of you are kind of in the same place.
[01:33:43.960 --> 01:33:46.960]  Jay, are you there?
[01:33:46.960 --> 01:33:47.960]  I am.
[01:33:47.960 --> 01:33:48.960]  Okay.
[01:33:48.960 --> 01:33:50.960]  Jay, you have, what is your condition?
[01:33:50.960 --> 01:33:53.960]  Have you already been foreclosed on?
[01:33:53.960 --> 01:33:54.960]  Yes, sir.
[01:33:54.960 --> 01:33:57.960]  My situation is a little bit different.
[01:33:57.960 --> 01:34:01.960]  This happened, and you're going to have to forgive me, this happened a while back.
[01:34:01.960 --> 01:34:03.960]  Numbers and things have been skewed in my brain.
[01:34:03.960 --> 01:34:07.960]  And I used to buy houses and fix them up and sell them, so they're kind of running together.
[01:34:07.960 --> 01:34:09.960]  But this was my personal residence.
[01:34:09.960 --> 01:34:12.960]  It happened about 2011.
[01:34:12.960 --> 01:34:13.960]  We did the foreclosure.
[01:34:13.960 --> 01:34:16.960]  It was originally owned by Countrywide.
[01:34:16.960 --> 01:34:22.960]  I sent them notice asking to produce the note and perspective chain of title.
[01:34:22.960 --> 01:34:29.960]  They sent me back a letter that said, you like to, the answer to this question is beyond the scope of this request.
[01:34:29.960 --> 01:34:33.960]  We cannot provide this information for you.
[01:34:33.960 --> 01:34:36.960]  So they went ahead with the foreclosure.
[01:34:36.960 --> 01:34:43.960]  I filed a suit against them in Palding County, which is Palding County, Georgia, which is in the suburb of Atlanta.
[01:34:43.960 --> 01:34:45.960]  I filed a suit against them.
[01:34:45.960 --> 01:34:58.960]  They got their big-time law firm in Georgia to ask to have this, make a motion to have this thing transferred to a federal court of the Northern District of Georgia,
[01:34:58.960 --> 01:35:08.960]  which I objected to, but they did anyway, and then promptly motion to have it dismissed based on failure to state a claim that really could be granted.
[01:35:08.960 --> 01:35:09.960]  Okay.
[01:35:09.960 --> 01:35:12.960]  And that was probably because you claimed fraud.
[01:35:12.960 --> 01:35:14.960]  Fraud is so hard to prove up.
[01:35:14.960 --> 01:35:19.960]  It's even really hard to allege properly.
[01:35:19.960 --> 01:35:21.960]  The last thing you want to do is claim fraud.
[01:35:21.960 --> 01:35:26.960]  You want to claim false and misleading instead of fraud.
[01:35:26.960 --> 01:35:33.960]  False and misleading will bring you under Rule 8 instead of 12.
[01:35:33.960 --> 01:35:43.960]  But with that under the bridge, have you done an evaluation of all the documents in the public record?
[01:35:43.960 --> 01:35:47.960]  Are you talking about like a forensic loan audit?
[01:35:47.960 --> 01:35:51.960]  Essentially, yeah, forensic loan audit.
[01:35:51.960 --> 01:35:55.960]  Not a securities analysis.
[01:35:55.960 --> 01:36:13.960]  But an analysis of all the documents filed in the public record from the perspective of any claim against real property not properly acknowledged to prove and filed in the record is voided to the holder.
[01:36:13.960 --> 01:36:21.960]  Well, I did go look in the public record of my county to try and find the chain of title, and there was not one.
[01:36:21.960 --> 01:36:24.960]  Okay.
[01:36:24.960 --> 01:36:27.960]  Who was the original lender?
[01:36:27.960 --> 01:36:37.960]  The original lender after, of course, the initializing lender, I would call them, the very first one, and then they sent it to Congress.
[01:36:37.960 --> 01:36:43.960]  I'm talking about who was the one that sat down at the closing table?
[01:36:43.960 --> 01:36:49.960]  Oh, America's Home Lenders or something like that.
[01:36:49.960 --> 01:36:56.960]  America's Home or America's Wholesale.
[01:36:56.960 --> 01:37:04.960]  That's real important because American Wholesale Lenders never existed.
[01:37:04.960 --> 01:37:05.960]  Really?
[01:37:05.960 --> 01:37:10.960]  They pretended to exist, but they never did.
[01:37:10.960 --> 01:37:11.960]  Okay.
[01:37:11.960 --> 01:37:15.960]  This is why I do these analyses.
[01:37:15.960 --> 01:37:17.960]  And this is the kind of thing I look for.
[01:37:17.960 --> 01:37:20.960]  You wouldn't believe the crazy stuff I find.
[01:37:20.960 --> 01:37:25.960]  I've got a new scam by JP Morgan Chase.
[01:37:25.960 --> 01:37:38.960]  JP Morgan Chase, I get this loan and I pull all the records and I forget who the original lender was, some funky little mortgage company.
[01:37:38.960 --> 01:37:41.960]  We went out of business.
[01:37:41.960 --> 01:37:47.960]  Twelve years later, JP Morgan Chase filed us a notice of lost assignment.
[01:37:47.960 --> 01:37:58.960]  Now, JP Morgan Chase had nothing to do with this loan, but they filed this notice of lost assignment and they said, we have this secure vault in Monroe, Louisiana.
[01:37:58.960 --> 01:38:05.960]  And I went through that secure vault in Monroe, Louisiana looking for this assignment and I could not find it.
[01:38:05.960 --> 01:38:10.960]  And then a week later, JP Morgan Chase files an assignment to somebody else.
[01:38:10.960 --> 01:38:13.960]  I found two of those so far.
[01:38:13.960 --> 01:38:18.960]  And I looked at that and said, what in the heck is going on?
[01:38:18.960 --> 01:38:20.960]  Who are you?
[01:38:20.960 --> 01:38:38.960]  And I find, I've got one where the trustee, did the trustee say, but nowhere in the record is there an assignment, is there an appointment of the substitute trustee?
[01:38:38.960 --> 01:38:46.960]  There are so many, I never look at one to where I don't find at least a half a dozen claims.
[01:38:46.960 --> 01:38:55.960]  And I begin to believe that the banks sent us after MERS and show me the note.
[01:38:55.960 --> 01:39:05.960]  It's like Briar Rabbit saying, oh, please don't throw me in that briar patch because that's the easiest thing for them to fight.
[01:39:05.960 --> 01:39:15.960]  What they want above all is to keep you away from the public record and do not read the contract.
[01:39:15.960 --> 01:39:19.960]  Have you read the deed of trust?
[01:39:19.960 --> 01:39:21.960]  Do I have the deed of trust? I'm sure I do.
[01:39:21.960 --> 01:39:24.960]  No, have you read it?
[01:39:24.960 --> 01:39:27.960]  Have I read the deed of trust?
[01:39:27.960 --> 01:39:36.960]  Yeah, if you read a Fannie Mae Freddie Mac uniformed instrument, don't make any sense.
[01:39:36.960 --> 01:39:41.960]  No reasonable person of ordinary prudence could make sense of it.
[01:39:41.960 --> 01:39:47.960]  It reads like the guy who wrote it was high on coke.
[01:39:47.960 --> 01:39:54.960]  If MERS is included in your note, what it says is that MERS is the beneficiary.
[01:39:54.960 --> 01:40:04.960]  So when MERS later transfers, does an assignment from the lender to somebody else, what does he assign?
[01:40:04.960 --> 01:40:07.960]  The lender don't hold anything.
[01:40:07.960 --> 01:40:10.960]  MERS does. It's right there in the contract.
[01:40:10.960 --> 01:40:14.960]  It says MERS is the beneficiary.
[01:40:14.960 --> 01:40:19.960]  Now, if I read that contract from the least sophisticated consumer perspective,
[01:40:19.960 --> 01:40:27.960]  I read that in the contract, I named MERS as the beneficiary, and the borrower accepted that.
[01:40:27.960 --> 01:40:30.960]  That's right. That's what it says.
[01:40:30.960 --> 01:40:32.960]  Oh, and then you go down further.
[01:40:32.960 --> 01:40:37.960]  After the definitions, you get the second paragraph together with the paragraph that says,
[01:40:37.960 --> 01:40:43.960]  you understand that MERS is not the beneficiary, but merely holds legal title.
[01:40:43.960 --> 01:40:49.960]  Wait a minute. Trustee holds legal title.
[01:40:49.960 --> 01:40:53.960]  So you transferred legal title to the trustee in paragraph one,
[01:40:53.960 --> 01:40:59.960]  then you took it away from the trustee and gave it to MERS in paragraph two.
[01:40:59.960 --> 01:41:02.960]  That means it's not a deed of trust. It's a mortgage.
[01:41:02.960 --> 01:41:06.960]  Who wrote this trash?
[01:41:06.960 --> 01:41:14.960]  It's unconscionable. I mean, it's too vague to be enforceable.
[01:41:14.960 --> 01:41:19.960]  Well, where I am right now is this happened a few years ago.
[01:41:19.960 --> 01:41:25.960]  Luckily, I was able to do a little very, very rudimentary legal maneuvering
[01:41:25.960 --> 01:41:28.960]  and stay in the house for four years.
[01:41:28.960 --> 01:41:30.960]  I put the payments in my pocket in bed,
[01:41:30.960 --> 01:41:35.960]  and luckily I was able to buy a house for cash right in the bottom of the trough.
[01:41:35.960 --> 01:41:39.960]  Oh, man.
[01:41:39.960 --> 01:41:45.960]  I want to reach through this microphone and hug you.
[01:41:45.960 --> 01:41:52.960]  I've got two guys that I've kept in their house for seven years,
[01:41:52.960 --> 01:41:58.960]  and one of them, I had to file an action for him,
[01:41:58.960 --> 01:42:06.960]  a findings, a fact, and conclusions at law preparatory to an appeal,
[01:42:06.960 --> 01:42:12.960]  and I told him, this is a really big document. I want $1,000.
[01:42:12.960 --> 01:42:16.960]  He said, I don't have $1,000.
[01:42:16.960 --> 01:42:20.960]  Say what?
[01:42:20.960 --> 01:42:27.960]  You've been living in this $300,000 property for seven years without paying a mortgage,
[01:42:27.960 --> 01:42:31.960]  and you don't have $1,000?
[01:42:31.960 --> 01:42:35.960]  Are you kidding me?
[01:42:35.960 --> 01:42:38.960]  It makes me nuts.
[01:42:38.960 --> 01:42:46.960]  So somebody who actually used this opportunity to save money, I am impressed.
[01:42:46.960 --> 01:42:50.960]  Well, I mean, I was lucky, and I didn't save all of it,
[01:42:50.960 --> 01:42:54.960]  but I saved 90% of it and just got really lucky.
[01:42:54.960 --> 01:42:58.960]  But in my current situation, I'll just be straight out.
[01:42:58.960 --> 01:43:00.960]  I'd like to get a settlement.
[01:43:00.960 --> 01:43:06.960]  If there's not any, you know, I would enjoy harassing them, but, you know.
[01:43:06.960 --> 01:43:10.960]  Okay, let's look at the public, look at that record.
[01:43:10.960 --> 01:43:15.960]  And from the perspective of anybody who's trying to make a claim,
[01:43:15.960 --> 01:43:19.960]  they have to establish that claim by what's filed in the record.
[01:43:19.960 --> 01:43:24.960]  And now, you're an individual, you're not a lawyer,
[01:43:24.960 --> 01:43:29.960]  so you can do horrible rotten things to them that lawyers could never do.
[01:43:29.960 --> 01:43:36.960]  Every time a lawyer files a plea, I don't like a bar grieving first.
[01:43:36.960 --> 01:43:39.960]  The second bar grievance, they're going to cancel his malpractice insurance.
[01:43:39.960 --> 01:43:41.960]  The first one, they're going to double it.
[01:43:41.960 --> 01:43:43.960]  I've been hearing that.
[01:43:43.960 --> 01:43:45.960]  Okay.
[01:43:45.960 --> 01:43:47.960]  That is such a big deal.
[01:43:47.960 --> 01:43:50.960]  Had Ken Magnuson on, but he dropped off.
[01:43:50.960 --> 01:43:52.960]  He'll tell you all about bar grievances.
[01:43:52.960 --> 01:43:53.960]  Hang on.
[01:43:53.960 --> 01:43:56.960]  Dr. Gregg, ready to cut open that pack?
[01:43:56.960 --> 01:43:59.960]  We'll be right back.
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[01:44:59.960 --> 01:45:02.960]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:48.960 --> 01:45:51.960]  pro se tactics, and much more.
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[01:46:21.960 --> 01:46:29.960]  Okay, we are back, Randy.
[01:46:29.960 --> 01:46:34.960]  That packed rule of law radio, and we're talking to Doug and Jay.
[01:46:34.960 --> 01:46:37.960]  Doug and Jay, you're both kind of in the same position.
[01:46:37.960 --> 01:46:43.960]  Doug, what is it that you want to do at this point?
[01:46:43.960 --> 01:46:48.960]  Well, based on what you said, I should probably get this motion or petition
[01:46:48.960 --> 01:46:53.960]  for challenging subject matter jurisdiction, correct?
[01:46:53.960 --> 01:46:54.960]  Exactly.
[01:46:54.960 --> 01:47:02.960]  That will stop everything, start this whole thing all over.
[01:47:02.960 --> 01:47:03.960]  Okay.
[01:47:03.960 --> 01:47:09.960]  And that reason I brought Jay in is because Jay's kind of in the same position.
[01:47:09.960 --> 01:47:17.960]  We look at the public record, and there's one other thing that I can give you.
[01:47:17.960 --> 01:47:23.960]  Wait a minute, Doug, you filed a rescission, didn't you?
[01:47:23.960 --> 01:47:24.960]  Yes.
[01:47:24.960 --> 01:47:25.960]  Okay.
[01:47:25.960 --> 01:47:27.960]  That is a big deal.
[01:47:27.960 --> 01:47:30.960]  That's a whole different animal.
[01:47:30.960 --> 01:47:35.960]  Jay, did you ever file a notice of rescission?
[01:47:35.960 --> 01:47:36.960]  No.
[01:47:36.960 --> 01:47:39.960]  All I did is, no, I'm post foreclosure.
[01:47:39.960 --> 01:47:40.960]  You know that, right?
[01:47:40.960 --> 01:47:41.960]  The House has gone law.
[01:47:41.960 --> 01:47:42.960]  Yeah.
[01:47:42.960 --> 01:47:43.960]  Yeah.
[01:47:43.960 --> 01:47:46.960]  Both Doug is too, but Doug filed a rescission before foreclosure.
[01:47:46.960 --> 01:47:55.960]  If we can get the foreclosure thrown out, then the first thing you want to do is file a notice of rescission.
[01:47:55.960 --> 01:47:57.960]  But there's one other thing.
[01:47:57.960 --> 01:47:58.960]  Okay.
[01:47:58.960 --> 01:48:05.960]  When you were at closing, they put in front of you a HUD-1 settlement statement,
[01:48:05.960 --> 01:48:10.960]  and that HUD-1 settlement statement had all these fees on it.
[01:48:10.960 --> 01:48:17.960]  Did the lender provide documentation to show that the fees charged on the HUD-1 settlement statement
[01:48:17.960 --> 01:48:21.960]  were not otherwise forbidden to be charged by law,
[01:48:21.960 --> 01:48:32.960]  as some fees are considered to be part of the interest, part of the, what's the term, the finance charge?
[01:48:32.960 --> 01:48:39.960]  The finance charge is intended to be absorbed by the interest you pay.
[01:48:39.960 --> 01:48:43.960]  So that some of them were not otherwise forbidden to be charged by law,
[01:48:43.960 --> 01:48:50.960]  that the services were, for services, that the charges for services actually rendered,
[01:48:50.960 --> 01:48:55.960]  that the services were necessary, that the amounts charged were reasonable,
[01:48:55.960 --> 01:48:59.960]  and that the lender did not take an undisclosed markup on the amounts charged.
[01:48:59.960 --> 01:49:02.960]  That's all right out of the Real Estate Settlement Procedures Act.
[01:49:02.960 --> 01:49:07.960]  Did they give you any documentation to support those fees?
[01:49:07.960 --> 01:49:08.960]  I don't know.
[01:49:08.960 --> 01:49:10.960]  The answer is always no.
[01:49:10.960 --> 01:49:13.960]  They never bring any documentation.
[01:49:13.960 --> 01:49:18.960]  So what I claim is all of those fees are fraudulent,
[01:49:18.960 --> 01:49:19.960]  because they didn't support any of them.
[01:49:19.960 --> 01:49:21.960]  They're all fraudulent.
[01:49:21.960 --> 01:49:27.960]  And I run a analysis, I run an amortization of the note,
[01:49:27.960 --> 01:49:32.960]  and I do it on a spreadsheet so it shows every payment.
[01:49:32.960 --> 01:49:41.960]  First payment, I take the full amount on the combination of lines 1401,
[01:49:41.960 --> 01:49:48.960]  I think it's C and D, the seller cost, buyer cost.
[01:49:48.960 --> 01:49:54.960]  Combine those together, subtract costs, the buyer pays everything in the end.
[01:49:54.960 --> 01:49:59.960]  Anything the seller pays, he increases the amount he sells it for by that amount.
[01:49:59.960 --> 01:50:04.960]  So I take the full amount, subtract it from the first payment as an overpayment,
[01:50:04.960 --> 01:50:06.960]  and then run the note.
[01:50:06.960 --> 01:50:08.960]  The first one I did was Steve Skidmore.
[01:50:08.960 --> 01:50:10.960]  He used to be a co-host on the show.
[01:50:10.960 --> 01:50:14.960]  $116,000 note at 6%.
[01:50:14.960 --> 01:50:19.960]  $12,000 on the HUD-1 settlement statement.
[01:50:19.960 --> 01:50:22.960]  We subtracted that from the first payment as an overpayment.
[01:50:22.960 --> 01:50:29.960]  His principal went to zero at payment 240.
[01:50:29.960 --> 01:50:38.960]  At payment 360, he overpaid the note $50,043.
[01:50:38.960 --> 01:50:46.960]  When you claim fraud, you do not claim the amount that you were actually defrauded of.
[01:50:46.960 --> 01:50:49.960]  This note was only six years old.
[01:50:49.960 --> 01:50:56.960]  You claim the amount you would have been defrauded of had your loan ran to fruition.
[01:50:56.960 --> 01:51:03.960]  In this case, it would have been $50,043 and change.
[01:51:03.960 --> 01:51:06.960]  But you don't sue for that amount.
[01:51:06.960 --> 01:51:08.960]  You sue for triple.
[01:51:08.960 --> 01:51:17.960]  So in this calculation, I get a claim against the lender in an amount in excess of the original mortgage.
[01:51:17.960 --> 01:51:26.960]  After you get a notice of acceleration, you file a qualified written request claiming this is an accounting error.
[01:51:26.960 --> 01:51:36.960]  When they fail to prove it up, you file a rescission, and it's over.
[01:51:36.960 --> 01:51:43.960]  So if you can't file a written decision, then we sue them for this amount,
[01:51:43.960 --> 01:51:48.960]  this three times the amount that they intended to defraud you of.
[01:51:48.960 --> 01:51:50.960]  Now you've got a big claim against them.
[01:51:50.960 --> 01:51:59.960]  And their problem is you can show how you got that claim to the penny.
[01:51:59.960 --> 01:52:06.960]  Now they may disagree with it, and they may argue with it, and they may try to whittle that amount down.
[01:52:06.960 --> 01:52:13.960]  But at the end of the day, the jury is only going to remember one number.
[01:52:13.960 --> 01:52:16.960]  That's the number you walked in the door with.
[01:52:16.960 --> 01:52:21.960]  And it's not some number you pulled out of the air, $10 trillion.
[01:52:21.960 --> 01:52:26.960]  I had these morons call me when I was in North Carolina.
[01:52:26.960 --> 01:52:27.960]  They needed help.
[01:52:27.960 --> 01:52:29.960]  The feds would come in after them.
[01:52:29.960 --> 01:52:32.960]  They filed some liens against the public official.
[01:52:32.960 --> 01:52:33.960]  I said, well, what was the issue?
[01:52:33.960 --> 01:52:35.960]  Traffic.
[01:52:35.960 --> 01:52:37.960]  How much were the liens?
[01:52:37.960 --> 01:52:40.960]  $11 trillion.
[01:52:40.960 --> 01:52:47.960]  Guys, what were you thinking?
[01:52:47.960 --> 01:52:50.960]  They said, well, what do you think?
[01:52:50.960 --> 01:52:52.960]  I said, oh, you win the case.
[01:52:52.960 --> 01:52:53.960]  Oh, you think so?
[01:52:53.960 --> 01:52:56.960]  Oh, yeah, you'll win the case.
[01:52:56.960 --> 01:53:00.960]  But you won't miss the ride.
[01:53:00.960 --> 01:53:01.960]  You will lose your house.
[01:53:01.960 --> 01:53:03.960]  You'll lose everything you own.
[01:53:03.960 --> 01:53:04.960]  You'll probably lose your family.
[01:53:04.960 --> 01:53:09.960]  You'll probably spend a year or two in jail, and then they'll dismiss everything.
[01:53:09.960 --> 01:53:12.960]  I've seen this happen before.
[01:53:12.960 --> 01:53:15.960]  How do you justify $11 trillion?
[01:53:15.960 --> 01:53:18.960]  When we sue, how do you justify this?
[01:53:18.960 --> 01:53:22.960]  And I'll show them how I got that number to the penny.
[01:53:22.960 --> 01:53:26.960]  Oh, you say one of these fees are valid?
[01:53:26.960 --> 01:53:27.960]  Prove it up.
[01:53:27.960 --> 01:53:34.960]  We have never had a lender prove up one single fee.
[01:53:34.960 --> 01:53:36.960]  Never.
[01:53:36.960 --> 01:53:38.960]  Reason?
[01:53:38.960 --> 01:53:46.960]  If you prove up one and you don't prove up another, that creates an adverse inference.
[01:53:46.960 --> 01:53:51.960]  The inference that that other fee is exactly what we said it was.
[01:53:51.960 --> 01:53:55.960]  Criminal fraud and theft.
[01:53:55.960 --> 01:54:01.960]  They always have bogus fees on the HUD-1 settlement statement.
[01:54:01.960 --> 01:54:03.960]  So that gives you another claim.
[01:54:03.960 --> 01:54:10.960]  I also compare the truth in lending statement to the note,
[01:54:10.960 --> 01:54:14.960]  and I almost always find a variance there.
[01:54:14.960 --> 01:54:18.960]  Generally, about 25% of the time, it's correct.
[01:54:18.960 --> 01:54:22.960]  The other 75%, you wind up...
[01:54:22.960 --> 01:54:27.960]  The truth in lending statement is the one they calculate your payments from.
[01:54:27.960 --> 01:54:33.960]  It's always more than what you agreed to pay on the note.
[01:54:33.960 --> 01:54:35.960]  So we add that in.
[01:54:35.960 --> 01:54:39.960]  I get an even higher number against them.
[01:54:39.960 --> 01:54:44.960]  And let them try to explain how they got these numbers.
[01:54:44.960 --> 01:54:46.960]  I think they just pull them out of the air.
[01:54:46.960 --> 01:54:50.960]  So we have a lot of claims we could bring against them.
[01:54:50.960 --> 01:54:55.960]  More claims than they can ever wade through.
[01:54:55.960 --> 01:54:58.960]  And then you get all the claims against them and let them go to them and say,
[01:54:58.960 --> 01:55:00.960]  guys, let's make a deal.
[01:55:00.960 --> 01:55:03.960]  Okay.
[01:55:03.960 --> 01:55:05.960]  Does that make sense, guys?
[01:55:05.960 --> 01:55:06.960]  Yes.
[01:55:06.960 --> 01:55:08.960]  Yes, sir.
[01:55:08.960 --> 01:55:10.960]  I like the sound of that.
[01:55:10.960 --> 01:55:20.960]  And the main thing we want to do is go after contractual violations.
[01:55:20.960 --> 01:55:24.960]  Show me the note is a complex issue.
[01:55:24.960 --> 01:55:33.960]  You defaulted on the security instrument the day after you signed it.
[01:55:33.960 --> 01:55:37.960]  That's not a complex issue.
[01:55:37.960 --> 01:55:43.960]  You sold the note but did not transfer the security instrument with the note.
[01:55:43.960 --> 01:55:48.960]  You transferred it to somebody else.
[01:55:48.960 --> 01:55:51.960]  You defaulted on the security instrument.
[01:55:51.960 --> 01:55:55.960]  Now, 10 years later, you accuse me of defaulting on it.
[01:55:55.960 --> 01:55:57.960]  You are already in default.
[01:55:57.960 --> 01:56:02.960]  Any violation of a covenant, they're in default.
[01:56:02.960 --> 01:56:04.960]  And they never follow law.
[01:56:04.960 --> 01:56:08.960]  So generally 15 and 16.
[01:56:08.960 --> 01:56:13.960]  They're required to give all notices by certified mail.
[01:56:13.960 --> 01:56:20.960]  When they sell these things back and forth in the pools,
[01:56:20.960 --> 01:56:23.960]  every time there's a change in beneficial interest in the note,
[01:56:23.960 --> 01:56:27.960]  they're required to file it with the public record
[01:56:27.960 --> 01:56:31.960]  and they're required by the Real Estate Sample Procedures Act to give you notice.
[01:56:31.960 --> 01:56:37.960]  When they don't give you notice, they violated a law relating to the contract.
[01:56:37.960 --> 01:56:39.960]  They're in breach.
[01:56:39.960 --> 01:56:44.960]  This is really easy for the judge to wrap his head around.
[01:56:44.960 --> 01:56:49.960]  It does not involve anything to do with the feds.
[01:56:49.960 --> 01:56:56.960]  And if you can sue the trustee, the trustee is always a state actor.
[01:56:56.960 --> 01:57:04.960]  If we sue the trustee for declaratory judgment, they remove it to the fed.
[01:57:04.960 --> 01:57:07.960]  We immediately file challenge subject matter jurisdiction in the fed.
[01:57:07.960 --> 01:57:13.960]  If the fed doesn't remand it, then we sue the federal judge.
[01:57:13.960 --> 01:57:18.960]  And when you sue the federal judge, he is going to be really, really unhappy.
[01:57:18.960 --> 01:57:20.960]  But he can't say anything to you,
[01:57:20.960 --> 01:57:23.960]  so he's going to have to go get these lawyers on the other side by the throat
[01:57:23.960 --> 01:57:33.960]  and tell them, you do something to get this guy off my case or I will destroy you.
[01:57:33.960 --> 01:57:38.960]  You'll never win your case simply because you have the law and the facts on your side.
[01:57:38.960 --> 01:57:45.960]  You'll win your case if you have the politics on your side and all politics is local.
[01:57:45.960 --> 01:57:49.960]  And not all of it has to do with money.
[01:57:49.960 --> 01:57:54.960]  A lot of it has to do with a P.O. judge.
[01:57:54.960 --> 01:57:58.960]  And we can really torque the judge.
[01:57:58.960 --> 01:58:00.960]  That's my story. I'm sticking to it.
[01:58:00.960 --> 01:58:05.960]  If you want me to do an evaluation for me, just send me an email,
[01:58:05.960 --> 01:58:08.960]  randyatrudeloradio.com.
[01:58:08.960 --> 01:58:10.960]  We'll talk off the air.
[01:58:10.960 --> 01:58:13.960]  Jay, I probably need, both of you, I really need to talk to you off the air
[01:58:13.960 --> 01:58:19.960]  because this is way too complex to get all done on the show.
[01:58:19.960 --> 01:58:23.960]  I would like to go through some more of this with you guys in detail,
[01:58:23.960 --> 01:58:27.960]  but we'll do that off the air.
[01:58:27.960 --> 01:58:33.960]  If you send me an email, I'll send you my phone number and we can talk.
[01:58:33.960 --> 01:58:35.960]  But right now, we are out of time.
[01:58:35.960 --> 01:58:38.960]  This is Randy Kelton, VetPak with our video.
[01:58:38.960 --> 01:58:40.960]  Thank you all for listening.
[01:58:40.960 --> 01:58:44.960]  We'll be back next week with Thursday and then again Friday.
[01:58:44.960 --> 01:58:46.960]  Make sure you listen.
[01:58:46.960 --> 01:58:47.960]  Thank you all for listening.
[01:58:47.960 --> 01:59:11.960]  Good night.
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