ROL_2018-03-09_16k_Hr1-2.timecode

[00:00.000 --> 00:08.640]  The following news flash is brought to you by The Lone Star Lowdown.
[00:08.640 --> 00:17.080]  Markets for Wednesday, 7 March 2018 are trading with gold at $1,327.21 an ounce, silver $16.49
[00:17.080 --> 00:28.160]  an ounce, Texas crude $62.60 a barrel, bitcoins at $9,883.87, Ethereum $748.18, bitcoin cash
[00:28.160 --> 00:35.160]  $1,086.53 and finally litecoins at $181.10 a crypto coin.
[00:35.160 --> 00:45.960]  Today in History, the year 1989, Iran and the United Kingdom break diplomatic relations after
[00:45.960 --> 00:55.080]  a fight over Simon Rushdie's controversial novel The Cetanic Versus, Today in History.
[00:55.080 --> 01:00.280]  In recent news, President Trump's top economic advisor Gary D. Cohn stated yesterday Tuesday
[01:00.280 --> 01:04.760]  that he was indeed resigning this after giving a heads up last week that he was considering
[01:04.760 --> 01:10.000]  doing so if President Trump decided to follow through with his tariffs on imported aluminum
[01:10.000 --> 01:11.000]  and steel.
[01:11.000 --> 01:14.560]  Of course, with President Trump's announcement last week that he would indeed levy tariffs
[01:14.560 --> 01:19.480]  on aluminum and steel imports, the reason for Mr. Cohn's departure seems obvious for
[01:19.480 --> 01:23.640]  many, considering he was one of the lone vocal opponents of any such measures in the
[01:23.640 --> 01:27.880]  administration.
[01:27.880 --> 01:32.720]  According to a report by The Daily Mail, skeletal biology expert Richard Jantz at the University
[01:32.720 --> 01:37.280]  of Tennessee believes he may have found the skeletal remains of Amelia Earhart on a Pacific
[01:37.280 --> 01:38.280]  Island.
[01:38.280 --> 01:43.080]  Amelia went missing in 1937 when her plane and navigator Fred Unum were never to be
[01:43.080 --> 01:44.080]  found.
[01:44.080 --> 01:48.840]  At least until now, Richard Jantz stated that what I can say scientifically is that they,
[01:48.840 --> 01:53.200]  the recent Pacific Island remains, are 99% likely to be hers.
[01:53.200 --> 01:56.640]  There has been timing for this finding to be released, considering that the 1932 Hudson
[01:56.640 --> 02:01.680]  Essex Terraplane, which once belonged to Earhart, was reportedly stolen on Friday, February
[02:01.680 --> 02:08.040]  23, 2018, only to be found three days later on the street corner in the Sereno neighborhood
[02:08.040 --> 02:13.640]  in LA.
[02:13.640 --> 02:18.200]  The crypto market took a big blow today, Wednesday, with the top 10 currencies suffering 5-10%
[02:18.200 --> 02:19.200]  losses.
[02:19.200 --> 02:22.000]  This downturn right after the Securities and Exchange Commission announced that it would
[02:22.000 --> 02:26.080]  be requiring digital asset exchanges to register with them.
[02:26.080 --> 02:30.240]  According to the SEC statement, quote, if a platform offers trading of digital assets
[02:30.240 --> 02:35.120]  that are securities and operates as an exchange as defined by the federal securities laws,
[02:35.120 --> 02:40.520]  then the platform must register with the SEC as a national securities exchange or be exempt
[02:40.520 --> 02:41.520]  from registration.
[02:41.520 --> 02:47.360]  The low-star low-down is looking for sponsors to provide for a service you like to advertise
[02:47.360 --> 02:48.360]  with us.
[02:48.360 --> 02:55.920]  Let's begin to call it 210-363-2257, this was Brick Rody with your low-down for March
[02:55.920 --> 03:21.920]  7, 2018.
[03:21.920 --> 03:32.760]  That's while we've been talking.
[03:32.760 --> 03:58.760]  Okay, howdy howdy, this is Randy Kelton of Rule of Law Radio on this Friday, the ninth
[03:58.760 --> 04:08.600]  day of March 2018. And we do have the call boards up, we've been working on some adjustments
[04:08.600 --> 04:16.560]  and changes and they were kind of iffy, but it seems that Wes got them up just at the last
[04:16.560 --> 04:24.880]  minute and so everything is working well. I'm turning on the, okay, the call boards
[04:24.880 --> 04:32.440]  are on. If you tried to call in before this, you may have got bumped off and that's because
[04:32.440 --> 04:37.360]  it was an archive on Tom Kiley's show before hours and they didn't have the call boards
[04:37.360 --> 04:48.120]  turned on. Okay, anyway, so if you have a question or a comment, give us a call, 512-646-1984.
[04:48.120 --> 04:56.080]  We will be taking your calls all night and I know you're getting tired of hearing about
[04:56.080 --> 05:04.960]  the traffic site, but I'm hoping that by Monday I will have enough of this together that I
[05:04.960 --> 05:14.000]  can effectively launch the traffic ticket site. I've been a little dubious about launching
[05:14.000 --> 05:21.880]  it actually because I need to make sure I'm prepared for the blowback we're likely to
[05:21.880 --> 05:32.680]  get. Not people using the site, but when we start flooding these courts with these documents,
[05:32.680 --> 05:39.720]  they're going to want to know where they're coming from and they're going to be real unhappy.
[05:39.720 --> 05:49.800]  I don't have my site set in Greenegg, Iceland yet. I'm working on that. My programmer is
[05:49.800 --> 05:55.760]  out of touch for a week or so, so it would be a couple days before I can get him to migrate
[05:55.760 --> 06:03.840]  my site to a site in Greenegg in Iceland. Once it's in Iceland, nobody can touch it.
[06:03.840 --> 06:16.280]  If I get an IS extension, the government can't redirect. If you've got a comnet, org, info,
[06:16.280 --> 06:26.040]  any of the standard extensions, the government claims they all belong to them and we get
[06:26.040 --> 06:30.880]  to borrow them. Isn't that nice? Kind of like how you get to borrow your car or your property
[06:30.880 --> 06:41.920]  when you have titles on it. They can redirect anytime they want to. If it's in Iceland,
[06:41.920 --> 06:50.600]  nobody redirects. I'm not exactly sure how I will protect it, but I'm going to work
[06:50.600 --> 06:58.040]  at avoiding the redirects. Once I get it up, they're going to be really, really unhappy
[06:58.040 --> 07:04.920]  because they've never had anyone coming at them the way we will be with this site.
[07:04.920 --> 07:16.640]  I am laying in all the document links right now so that every place where they step across
[07:16.640 --> 07:23.160]  a legal line, I have the system start producing documents, bar grievances, judicial conduct
[07:23.160 --> 07:31.240]  complaints, criminal complaints, motions to dismiss, all sorts of neat stuff. We'll even,
[07:31.240 --> 07:37.560]  eventually, as we get all this put together, we'll even put in some petitions for declaratory
[07:37.560 --> 07:48.640]  judgment, a filing in the federal court. I hope we cut lots of cool stuff to do to them.
[07:48.640 --> 07:54.240]  They're going to be really happy because they just won't be able to afford to prosecute.
[07:54.240 --> 08:01.960]  Okay. Our phone boards are lighting up quickly, so we're going to start with Mark in Wisconsin.
[08:01.960 --> 08:08.280]  Hello, Mr. Mark. Hello, Mr. Kelton. How are you this evening?
[08:08.280 --> 08:14.000]  I am good. What do you have for us today?
[08:14.000 --> 08:24.560]  Well, I figured that this little vignette will bring a smile to your face. So, two judges,
[08:24.560 --> 08:31.400]  a court commissioner and an actual judge, they ran against each other. They both had
[08:31.400 --> 08:39.280]  domain names and they both let the domain names lapse. So, I guess, it's your own...
[08:39.280 --> 08:50.120]  Mark, tell me you did not stoop so low. Oh, let us go with... It's time to limbo.
[08:50.120 --> 08:58.640]  How low can you go? I knew it would bring a smile to your face
[08:58.640 --> 09:05.240]  and a joy to your heart. Now, to put a spring in your step, imagine if you will, the sites
[09:05.240 --> 09:11.280]  are going to replicate what they previously had, replicate the statements they made about
[09:11.280 --> 09:16.400]  how they were running for office and the awesome things they were going to do, and then offer
[09:16.400 --> 09:23.520]  up an analysis of what they've done. Do you think that that's a proper political speech?
[09:23.520 --> 09:32.200]  I think that's absolutely credible. There's probably a better word for that, but it didn't
[09:32.200 --> 09:38.560]  come to mind and at least one that I could say on the air.
[09:38.560 --> 09:47.880]  Yeah, yeah. Anyway, the reason I was calling tonight on the traffic issue and I was prompted
[09:47.880 --> 09:54.400]  to ask this question, I was in a vehicle, driving a vehicle in fact, when it was struck
[09:54.400 --> 10:03.680]  by somebody who ultimately was cited for not having a driver's license. Now, it's sounding
[10:03.680 --> 10:09.440]  to me like I can actually go after the person without the driver's license for the repair
[10:09.440 --> 10:17.400]  of my vehicle. Does that sound about right? Only if they're at fault. The fact that they
[10:17.400 --> 10:26.000]  didn't have a driver's license won't affect fault. Okay. If you ran a red light in front
[10:26.000 --> 10:31.960]  of them, license or no license, they're not going to be at fault.
[10:31.960 --> 10:40.120]  All right. Well, the fault, they made no determination of fault to cite me. So, it's kind of up
[10:40.120 --> 10:44.840]  in the air. They couldn't, they took them a few days before they figured out what to
[10:44.840 --> 10:52.040]  do. At the accident scene, they released me without citation, et cetera. So, the at fault
[10:52.040 --> 10:58.120]  thing hasn't been determined. All right. I'll have to go down those rabbit holes then
[10:58.120 --> 11:04.640]  at working lit. The real reason I was calling tonight though is in my little credit card
[11:04.640 --> 11:20.000]  case with Capital One, they had sent me a response by a person who will call Snowy Beljar because
[11:20.000 --> 11:28.280]  the name is similar to Snowy Beljar. So, Snowy sent a letter via the Consumer Protection,
[11:28.280 --> 11:32.520]  Consumer Financial Protection Bureau that made a bunch of claims about what Capital One
[11:32.520 --> 11:40.880]  knew or didn't know about the case and the issue. And the attorney that claims to be representing
[11:40.880 --> 11:47.360]  Capital One never produced any of that information. And ultimately, that information is contradictory
[11:47.360 --> 11:58.880]  to anything that they submitted. I'm thinking... Okay. This is what comes to mind immediately.
[11:58.880 --> 12:05.880]  Ah, spoil. Hang on just a second. Right?
[12:05.880 --> 12:18.760]  Okay. You're sending me back to the books. Civil trials. Spoilation goes to... I'll get
[12:18.760 --> 12:28.000]  back up here where I can see. Okay. Matter of fact, I think you had it open to spoilation.
[12:28.000 --> 12:45.760]  When someone doesn't prove up discovery or someone has information that they do not disclose,
[12:45.760 --> 12:54.520]  that goes to spoilation. It triggers a motion for spoilation. See if I can find the right
[12:54.520 --> 13:05.720]  page in here. I was thumbing through O'Connor's Texas Rules of Civil Trials. It's a litigation
[13:05.720 --> 13:17.200]  guide. It's one of the best litigation guides I've seen. Discovery, depositions and rugatoids,
[13:17.200 --> 13:24.680]  scope. I'm going to say 515. Okay. I will find it in here. Okay. Go ahead and keep talking.
[13:24.680 --> 13:33.480]  I'll be digging for spoilation. All right. So, what I was thinking of doing is demanding
[13:33.480 --> 13:45.560]  that this Stormy Bell Jar show up at the trial to verify his documents and putting a motion
[13:45.560 --> 13:58.280]  to compel him as a witness. Because ultimately, I really think the capital one doesn't actually...
[13:58.280 --> 14:04.560]  I believe that the debt was sold to this debt collecting attorney outfit. All the paperwork
[14:04.560 --> 14:11.320]  they filed and the manner in which they've acted is consistent with that. The account
[14:11.320 --> 14:19.000]  is labeled as charged off. Then they said placed with the debt collecting attorneys,
[14:19.000 --> 14:25.720]  which is language similar to debt sale of debt. And capital one, of course, is not still
[14:25.720 --> 14:31.680]  not a registered foreign corporation, so they really can't maintain the suit. But I like
[14:31.680 --> 14:36.880]  the spoilation because I'm getting... That doesn't get pulled often, but there's going
[14:36.880 --> 14:45.840]  to be case law and I can... Okay. I got it here. Spoilation is the loss or destruction
[14:45.840 --> 14:56.520]  of relevant evidence. The Brookshire Aldridge, Wal-Mart Stores, Crest Haven Nursing Home,
[14:56.520 --> 15:06.480]  a bunch of stuff here. A party that does not reasonably preserve discoverable evidence
[15:06.480 --> 15:12.600]  can impair the opposing party's ability to present its claims or defenses. Brookshire
[15:12.600 --> 15:20.640]  Brothers, V. Johnson. Court determines whether spoilation occurred. The court, not the jury,
[15:20.640 --> 15:30.400]  must determine whether a party spoiled evidence and what remedy is appropriate. Because spoilation
[15:30.400 --> 15:36.120]  is an evidentiary concept rather than a separate cause of action. And because spoilation is
[15:36.120 --> 15:43.440]  basically a type of discovery abuse, it is a matter to be resolved by the trial court.
[15:43.440 --> 15:49.080]  The court can hold an evidentiary hearing before making its spoilation findings, but
[15:49.080 --> 15:57.400]  it must be outside the presence of the jury. Analyzing Spoilation. In analyzing a spoilation
[15:57.400 --> 16:03.280]  claim, the trial court must use a two-step process. The court must determine, as a question
[16:03.280 --> 16:10.560]  of law, whether a party spoiled evidence and, if the party did so, the court must assess
[16:10.560 --> 16:17.200]  the appropriate remedy. Determining whether a party spoiled evidence to determine that
[16:17.200 --> 16:23.040]  a party spoiled evidence, the court must find that. The party had a duty to preserve the
[16:23.040 --> 16:31.160]  evidence and the party breached that duty by not preserving the evidence. The party requesting
[16:31.160 --> 16:43.120]  the evidence has the burden to establish both duty and breach. There's a whole bunch more
[16:43.120 --> 16:52.320]  here, but I have this book. I'm going to take it to a printer and have them cut the binding
[16:52.320 --> 17:01.560]  off of it, and I have ordered a duplex scanner.
[17:01.560 --> 17:30.200]  I'm going to throw away these yucky cookies in the trash. I click control, shift, delete,
[17:30.200 --> 17:59.480]  and then scroll down to cookies and clear them. Bye-bye, yucky cookies.
[18:00.480 --> 18:05.680]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.680 --> 18:10.120]  Stop debt collectors now with the Michael Mearris Proven Method. Michael Mearris has
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[18:25.320 --> 18:29.920]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
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[18:35.200 --> 18:40.600]  Method is the solution for how to stop debt collectors. Personal consultation is available
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[18:54.640 --> 19:01.640]  m-i-r-r-a-m at yahoo.com to learn how to stop debt collectors next.
[19:24.640 --> 19:49.640]  Okay, Mark, I did some spoilation of my own. I just dove right off the cliff there. Okay,
[19:49.640 --> 20:00.240]  does it sound interesting? Oh, yes. Oh, yes. Give me an email asking me for the pages on
[20:00.240 --> 20:09.160]  spoilation and I'll try to get that to you. Wonderful. Here's a little extra details.
[20:09.160 --> 20:17.800]  So the judge signed an order where the attorney claimed that he was ordered to turn over the
[20:17.800 --> 20:25.800]  billing records. Now, mixed in with the billing records is a record that says that something,
[20:25.800 --> 20:30.480]  it looks like a bill and it says, you may be surprised that you're getting this. You're
[20:30.480 --> 20:36.600]  getting this because we've changed your interest rate because of the not missing any payments,
[20:36.600 --> 20:41.760]  et cetera, et cetera. So mixed in with the billing records is a thing under Regulation
[20:41.760 --> 20:48.760]  Z of a notification of an interest rate change. Now, it looks like a bill, smells like a
[20:48.760 --> 20:57.520]  bill, fine, but what's key is after the order was issued about turning over billing records,
[20:57.520 --> 21:04.400]  he also turned over copies of letters in their responses that Capital One had sent me. So
[21:04.400 --> 21:10.240]  he turned over stuff that was not billing records. And your spoilation is beautiful
[21:10.240 --> 21:18.200]  because every year under Regulation Z, you're supposed to get a statement about the account
[21:18.200 --> 21:23.800]  and you're supposed to get notification of the account. Well, in 2015, there's no record
[21:23.800 --> 21:29.040]  produced by them of any notification. And of course, there's no record because there
[21:29.040 --> 21:37.240]  was no account in 2015 and that's part of the reason why this case came about because
[21:37.240 --> 21:42.320]  they canceled the account, then they just sent credit instruments after the account
[21:42.320 --> 21:49.000]  was canceled, three years after the account was canceled.
[21:49.000 --> 21:58.160]  Credit instruments. A cash, one of those cash advance checks where they send those out when
[21:58.160 --> 22:05.080]  an account isn't being used and has available balance because they want you to pirate balances
[22:05.080 --> 22:09.760]  from other companies. So they offer you a credit, something that looks like a check that
[22:09.760 --> 22:18.600]  acts like a check and that check device is what was used. Now, what's else is interesting
[22:18.600 --> 22:26.600]  is on that check device, it explicitly says, we may not honor this check if the account
[22:26.600 --> 22:34.320]  is closed. It also says we may not honor this check if it was deposited directly to a savings
[22:34.320 --> 22:41.400]  or checking account. This check instrument was deposited to a checking and savings account.
[22:41.400 --> 22:48.600]  So they have a policy in place, obviously, that deals with a closed account and not honoring
[22:48.600 --> 22:55.720]  the check. And not honoring the check is a deposit to a checking or savings account.
[22:55.720 --> 23:02.360]  So that is an angle I haven't quite figured out beyond. I've asked you to produce the
[23:02.360 --> 23:09.080]  policies and procedures and you did not. And so you have this situation where you've
[23:09.080 --> 23:18.400]  claimed you won't honor the check and two of the five categories were ignored. So exactly
[23:18.400 --> 23:23.800]  why are you, if you have, if these are ballot business records and you're following policies
[23:23.800 --> 23:31.800]  and procedures, how does this happen? Because I've got to attack somehow the concept of
[23:31.800 --> 23:33.400]  a valid business record.
[23:33.400 --> 23:43.280]  I'm trying to figure out how that becomes a claim on your part. How does that help your
[23:43.280 --> 23:44.280]  case?
[23:44.280 --> 23:52.280]  That's the only way I can help. My case is to say that these business records and their
[23:52.280 --> 23:58.720]  business processes, because under the business record idea is you have these business processes
[23:58.720 --> 24:05.880]  and especially these business records which are made in the course of the business. And
[24:05.880 --> 24:11.840]  if you're not following your processes, how is it that I got these, if you're following
[24:11.840 --> 24:17.200]  your processes, how do they get this check? If you're following your processes on a closed
[24:17.200 --> 24:21.840]  account, why was this check even honored?
[24:21.840 --> 24:34.120]  I'm thinking, it seems like there's something in Truth and Lending Act or somewhere, the
[24:34.120 --> 24:39.680]  Fred Heck Collection's Practices Act about due diligence on the part of the lender and
[24:39.680 --> 24:50.000]  not defrauding the lender into taking credit that they cannot afford.
[24:50.000 --> 24:57.640]  Yes, there are those sections and in fact I have, I've quoted those sections and I've
[24:57.640 --> 25:04.760]  not been told and I've said that that's a set off. If they make a decision against me,
[25:04.760 --> 25:10.200]  those would be set off and ultimately they even went so far now with the Fair Debt Collection
[25:10.200 --> 25:15.120]  Practices Act on these credit cards. There are court decisions that it doesn't matter
[25:15.120 --> 25:22.720]  if it's a year old anymore, they're going to give you money in certain cases because
[25:22.720 --> 25:30.760]  ultimately the set offs apparently weren't enough for these debates. Another issue here
[25:30.760 --> 25:39.760]  for causing trouble, my guess is the account had some kind of insurance policy. The insurance
[25:39.760 --> 25:48.880]  policy would pay off if the account wasn't closed or the check wasn't deposited directly
[25:48.880 --> 25:54.720]  and that's why that policy procedure language is there. But I have no way of getting the
[25:54.720 --> 26:05.200]  insurance company that probably paid off the information that they were defrauded.
[26:05.200 --> 26:12.760]  How was the, oh the insurance company was defrauded because they issued credit that
[26:12.760 --> 26:22.480]  they knew or should have known was bad credit. But they weren't concerned because if the
[26:22.480 --> 26:26.240]  bad creditor didn't pay it back they could get it from the insurance company so they
[26:26.240 --> 26:29.000]  failed to act in good faith.
[26:29.000 --> 26:36.480]  Correct. And especially if the insurance company is like, you know, if you're issuing these
[26:36.480 --> 26:42.200]  credit to a closed account we're not going to pay the insurance off on that. And similarly
[26:42.200 --> 26:48.800]  if you send out one of these access checks to a, and it's being cashed directly to another
[26:48.800 --> 26:55.680]  bank it's unacceptable loss, you can control that we're not going to pay off. I think there's
[26:55.680 --> 26:59.200]  an angle there but it doesn't help me in the case.
[26:59.200 --> 27:12.920]  If you are unwittingly made party to fraud, do you have, even if the fraud did not directly
[27:12.920 --> 27:19.080]  harm you, do you have standing to raise an issue?
[27:19.080 --> 27:28.840]  I don't know. In this case if you're claiming that the lender forwarded this credit to this
[27:28.840 --> 27:37.120]  account when the account was closed knowing that it was a bad debt they were creating.
[27:37.120 --> 27:47.600]  And you were, what's the word, were you led to do something that you otherwise wouldn't
[27:47.600 --> 27:56.000]  have done? There's a word for that. And you did something you otherwise wouldn't have
[27:56.000 --> 28:03.840]  done based on pronouncement by the creditor saying that telling you that you were a good
[28:03.840 --> 28:11.840]  credit risk for this and you being the least sophisticated consumer you didn't know if
[28:11.840 --> 28:18.560]  you were a good credit risk or not. They told you you were a good credit risk, you believe
[28:18.560 --> 28:23.680]  that they were a good credit risk, that you were a good credit risk and you entered into
[28:23.680 --> 28:31.160]  this credit transaction based on their assertions of your good credit. When in fact you did not
[28:31.160 --> 28:36.720]  have good credit and you were not a good credit risk. And now you're being subjected to this
[28:36.720 --> 28:45.960]  prosecution because they forwarded credit to you knowing that you were not a good credit
[28:45.960 --> 28:46.960]  risk.
[28:46.960 --> 28:55.720]  I can go so far as they forwarded credit to an account that didn't exist so there was
[28:55.720 --> 29:03.920]  no basis for the credit because that's a void. Actually that situation is a void creates
[29:03.920 --> 29:10.600]  a void judgment in the state of Wisconsin or void the debt in the state of Wisconsin.
[29:10.600 --> 29:18.200]  So I've been pushing towards the void, a finding of a void debt under the Wisconsin
[29:18.200 --> 29:30.880]  credit laws. What else is interesting in this bad boy? The bad weather bell jar guy claimed
[29:30.880 --> 29:38.200]  that the company that was it since they claimed this was a business credit card. Okay, hang
[29:38.200 --> 29:44.720]  on just a second. This time I'm not running off to cliff. This is Randy Kelton of Rural
[29:44.720 --> 29:51.640]  Law Radio. I call in number 512-646-1984. We have phone lines open. They'll be open
[29:51.640 --> 30:01.840]  all night. We'll be right back.
[30:01.840 --> 30:06.960]  All aboard? When mold spread through the dorms of St. Mary's College in Maryland, the school
[30:06.960 --> 30:12.240]  relocated its students to a cruise ship. And Dr. Kaepernal Brecht with an ocean tale of
[30:12.240 --> 30:15.080]  kids sailing through college next.
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[30:45.680 --> 30:50.400]  After tropical storm Irene swept through Maryland, mold spread like wildfire through the dorms
[30:50.400 --> 30:57.280]  of St. Mary's College. 250 students had to be relocated. But where? Hotels led cost
[30:57.280 --> 31:03.000]  a fortune 20,000 a day. So St. Mary's President came up with a whale of an idea. How about
[31:03.000 --> 31:07.400]  putting the students up on a cruise ship? It just so happened, the sea voyager cruise
[31:07.400 --> 31:12.160]  ship was on its way down from Maine, with the owner's mind docking in Maryland and turning
[31:12.160 --> 31:17.560]  their vessel into a floating dorm? No problem. So now the students are enjoying fine on-board
[31:17.560 --> 31:23.200]  dining, sweet looking sweets and a breathtaking waterfront view. Talk about smooth sailing.
[31:23.200 --> 31:49.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:53.200 --> 32:00.200]  We'll see what our powder seeds and oil can do for you, only at SQSA.org.
[32:53.200 --> 33:10.200]  We're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:10.200 --> 33:22.200]  Yeah, I got a warrant. And I'm going to solve that to the head of government then.
[33:22.200 --> 33:47.320]  Okay, we are back. Randy Kelton, Rue Lauderdale Radio, and we're talking to Miss Chevious
[33:47.320 --> 34:00.680]  Mark in Wisconsin. Alright, so what he'd claimed on the form, the gentleman from Capital One
[34:00.680 --> 34:07.160]  in response to the Consumer Financial Protection Bureau, claimed that the company that the
[34:07.160 --> 34:15.280]  card was registered to was an LLC, and they got the company name wrong, and they got the
[34:15.280 --> 34:21.920]  organization wrong, because the company that would have been the possible company was an
[34:21.920 --> 34:30.600]  Inc. And finally, that Inc. was dissolved by the state before the card was cancelled.
[34:30.600 --> 34:37.320]  So they would have had every reason to cancel the card in 2013, like I had stated. But how
[34:37.320 --> 34:50.400]  exactly was the card ever issued to an LLC that it never existed? Now Wells Fargo, yeah,
[34:50.400 --> 34:56.920]  the Wells Fargo with the faking accounts and, you know, to defraud people, et cetera, the
[34:56.920 --> 35:06.440]  key seems to be there that the government got a hold of a confidential witness. And
[35:06.440 --> 35:15.160]  that seems to have brought about ultimately the Wells Fargo fraud thing that made the
[35:15.160 --> 35:21.080]  news last year and is still making the news this year, and brought about their $110 million
[35:21.080 --> 35:31.680]  fine. So is it conceivable to presume that when one of the major banks participates in
[35:31.680 --> 35:38.960]  such a pervasive fraud scheme that nobody else picked up on the idea?
[35:38.960 --> 35:51.280]  Right. I'm wondering, you know, how much of this is their computer systems and their databases
[35:51.280 --> 35:58.160]  were just messed up versus actual fraud? I've made the pitch towards the fraud, of course.
[35:58.160 --> 36:03.920]  You know, the Fairdeck Collections Practices Act requires them to keep their records. Oh,
[36:03.920 --> 36:10.920]  no, I'm sorry. We just took some of the procedures act. One of them requires them to keep. No,
[36:10.920 --> 36:19.000]  this Fairdeck Collections Practices Act requires them to keep their record keeping procedures
[36:19.000 --> 36:27.720]  in such a way as to avoid error. So for them to go back and claim error, even you're talking
[36:27.720 --> 36:34.920]  about this, this sounds like, or at least it seems you can make it sound like, insurance
[36:34.920 --> 36:44.680]  fraud. And that would go to a private attorney general suit. Who else did they do this to?
[36:44.680 --> 36:50.560]  And how much money is involved? How much are they defrauded the insurance company? And if
[36:50.560 --> 37:00.560]  you can start this ball rolling. Perfect. Here's what we got. Wisconsin has its own
[37:00.560 --> 37:17.160]  recall. The Wisconsin Organized Crime Act, WOCCA. In Texas, it's Code of Criminal Procedure
[37:17.160 --> 37:26.760]  Chapter 71. All right. Most states probably have it. And this could make it worth your
[37:26.760 --> 37:35.560]  while. Okay, go ahead about the other Wisconsin's RICO suit. All right, Wisconsin's RICO suit
[37:35.560 --> 37:43.720]  allows them for, you know, it's a civil suit. It's a civil RICO in Wisconsin. I have about
[37:43.720 --> 37:51.600]  25 appellate level cases of it. And there are a few of them that have been filed so I can
[37:51.600 --> 37:59.320]  cut and paste the format. And it do as, oh, this guy, there's a bracelet I have that says
[37:59.320 --> 38:06.480]  WWRD. I think it stands for What Would Randy Do? And I know Randy would say, go and copy
[38:06.480 --> 38:15.280]  the old cases and plagiarize, plagiarize, plagiarize. Exactly. I started to say when
[38:15.280 --> 38:21.600]  you indicated what you were doing, you're a man after my own heart. If you are writing
[38:21.600 --> 38:32.480]  your own pleadings and are not simply crafting intros and outros from other people's writing,
[38:32.480 --> 38:40.200]  you haven't done enough homework. Well, I also have, there's a Wisconsin 137, which
[38:40.200 --> 38:47.440]  is the, it's a combination of sections, but it's the digital record section. And in the
[38:47.440 --> 38:55.880]  digital record section for 137, let's see if I have, nope, I don't have 137 up, it says
[38:55.880 --> 39:03.880]  that you cannot, paraphrasing here, let me hear, I'm going to pull it up, attribution
[39:03.880 --> 39:09.360]  effect of electronic signatures. Basically, an electronic record can't be just hand-waved
[39:09.360 --> 39:15.080]  away because it's an electronic record, it's as good as a real signature. But one of the
[39:15.080 --> 39:26.200]  things it says here is that protection of electronic records, there is a, okay, admission
[39:26.200 --> 39:34.200]  bins, where is that? It basically says here there's a section in it that says if the admissibility
[39:34.200 --> 39:42.160]  evidence is proceeding, yeah, it cannot be excluded because it's solely an electronic
[39:42.160 --> 39:48.120]  form, but they have a section underneath that here where it says, if the record cannot be
[39:48.120 --> 39:57.040]  reproduced, it's void. And in two separate communications, they've said, oh, we have
[39:57.040 --> 40:03.240]  the original documentation requesting for the credit, but it's electronic, so we can't
[40:03.240 --> 40:08.160]  produce it. Good. And that sounds like you stepped right
[40:08.160 --> 40:13.120]  square on it. Well, and you know, you don't want to produce
[40:13.120 --> 40:18.400]  a record because it would go towards the fraud that you're committing is the way in which
[40:18.400 --> 40:23.880]  you're putting a frame around. Okay. This is what, you had spoken to that
[40:23.880 --> 40:32.080]  earlier, and that's what led me, when I read Spoilation, that's what came to mind where
[40:32.080 --> 40:36.040]  this company claims to have these records in electronic format, but because they're
[40:36.040 --> 40:44.640]  electronic format, we can't produce them. And I'm going to call the deliberate methodology
[40:44.640 --> 40:51.280]  of the record keeping system amounts to Spoilation.
[40:51.280 --> 40:57.720]  Okay. All right. That's good. That's good.
[40:57.720 --> 41:04.680]  They're acting like this is kind of accidental. So no, no, no, I'm building software now.
[41:04.680 --> 41:11.920]  I think that's a dental and software. If they constructed their software so that
[41:11.920 --> 41:23.080]  they could not retrieve documents from the software, that was deliberate because nobody
[41:23.080 --> 41:33.760]  does that. It is counterproductive. It's counter to the reason for producing the software in
[41:33.760 --> 41:39.440]  the first place, and for them to make such a ludicrous statement, you know, you can't
[41:39.440 --> 41:44.960]  prove what they said wasn't true, but you can claim it was deliberate and calculated
[41:44.960 --> 41:48.760]  Spoilation. How would that be fun?
[41:48.760 --> 41:59.000]  That angle too. Oh, well, here it is. 13716.3. If a sender inhibits the ability of a recipient
[41:59.000 --> 42:04.400]  to store or print an electronic record comma, the electronic record is not enforceable
[42:04.400 --> 42:15.440]  against the recipient. So here we're asking for stuff in discovery, and you wrote a court
[42:15.440 --> 42:22.160]  order to avoid producing it. And twice you've said we have the record, but it's electronic
[42:22.160 --> 42:30.360]  so we're not producing it. There's a whole lot in this thing that smells real bad. And
[42:30.360 --> 42:41.200]  you know, yours is a relatively small case. Yeah, and they appear to be expending a considerable
[42:41.200 --> 42:50.400]  amount of resources. That should be a red flag. What are exactly what you said, what
[42:50.400 --> 42:59.480]  are they trying to hide? And yes, that has been observed by more than one person that
[42:59.480 --> 43:05.120]  they're spending a lot of time. Now maybe their ego is involved because I, you know,
[43:05.120 --> 43:15.440]  slapped them around. But yeah, at the end of the day, it's always about money. They're
[43:15.440 --> 43:24.800]  not going to waste a lot of money to preserve their ego and over something to small. Okay,
[43:24.800 --> 43:30.840]  there's something else going on. Well, and this is going to be terrible. If I have one
[43:30.840 --> 43:36.120]  small claims court case, I call you and ultimately the paperwork from it results in a nearly
[43:36.120 --> 43:46.280]  $32 million settlement and the break coming up. So I'll cover this. Okay, hang on. Randy
[43:46.280 --> 44:01.400]  Kelton, Roodle Law Radio, we'll be right back.
[44:01.400 --> 44:20.320]  Yeah, thank you neat.
[44:20.320 --> 44:24.320]  with resources from top accredited metals dealers and journalists.
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[46:26.320 --> 46:30.320]  Okay, we are back. Randy Kelton, rule of law radio.
[46:30.320 --> 46:35.320]  We're talking to Mark in Wisconsin, and we're having fun.
[46:35.320 --> 46:38.320]  This is where I enjoy this kind of thing.
[46:38.320 --> 46:43.320]  I like to look at a case and examine all the potentials and possibilities.
[46:43.320 --> 46:53.320]  This is beginning to look like it could turn into something that would be a considerable amount of fun.
[46:53.320 --> 46:56.320]  Oh, yes.
[46:56.320 --> 47:02.320]  But this is the concerning part here, Randy, for me, and I'm going to need your guidance on this.
[47:02.320 --> 47:08.320]  I have one small claims court case that ultimately results in a nearly $2 million judgment.
[47:08.320 --> 47:13.320]  This thing, if it blows up to 110 million-style Wells Fargo thing,
[47:13.320 --> 47:19.320]  what am I going to do for a third thing to make it a hat trick and be bigger?
[47:19.320 --> 47:21.320]  How am I going to top this?
[47:21.320 --> 47:26.320]  Oh, I don't know. I should have such a problem.
[47:26.320 --> 47:32.320]  I have to retire.
[47:32.320 --> 47:38.320]  What you do for the hat trick is get the words on my software and questionnaires,
[47:38.320 --> 47:45.320]  and build a set of questionnaires for credit.
[47:45.320 --> 47:47.320]  Yeah?
[47:47.320 --> 47:52.320]  The kinds of distinctions you're making.
[47:52.320 --> 47:57.320]  Imagine you set someone down who knows nothing about the subject,
[47:57.320 --> 48:03.320]  and you look briefly at what they're doing, and it looks like it goes to this issue.
[48:03.320 --> 48:16.320]  What questions would you ask that person to extract the information you needed in order to lead directly to this issue?
[48:16.320 --> 48:21.320]  You build that into a questionnaire, and then we go back and look at the questions
[48:21.320 --> 48:27.320]  and where would answers lead to a different issue, and then we set out questionnaires for that.
[48:27.320 --> 48:40.320]  The questionnaires are working out to be much simpler than you would initially imagine.
[48:40.320 --> 48:50.320]  We could take debt collection and break it down into a set of questionnaires where we ask a set of questions
[48:50.320 --> 48:57.320]  that leads to a specific action, produce the document, have it merged to the database,
[48:57.320 --> 49:06.320]  and draw the way that I'm developing the software is when you ask the question, did this happen?
[49:06.320 --> 49:12.320]  Then below that question, I've got a yes answer and a no answer.
[49:12.320 --> 49:21.320]  If they select the next, if they select the answer as a yes, that has a question in it as well,
[49:21.320 --> 49:28.320]  but selecting that question will look back in this first question for the yes answer,
[49:28.320 --> 49:33.320]  and it has a statement in there that this happened.
[49:33.320 --> 49:37.320]  If they select the no answer, it has a statement in there that this did not happen,
[49:37.320 --> 49:49.320]  and it puts that statement in an output file, so it creates a statement of facts as you walk through the questionnaire.
[49:49.320 --> 49:52.320]  So when you get to the questionnaire, you've got statement of facts done,
[49:52.320 --> 49:59.320]  and then because we craft the questions in a certain way, we're looking for certain legal elements.
[49:59.320 --> 50:03.320]  Were you arrested? Yes. Were you arrested on existing warrants? Yes.
[50:03.320 --> 50:08.320]  Do you have reason to believe the officer lied? Yes. Frank's hearing.
[50:08.320 --> 50:14.320]  So every time they answer that question, the system goes in, grabs the Frank's hearing document,
[50:14.320 --> 50:20.320]  merges all the information, puts it in an output file.
[50:20.320 --> 50:30.320]  We could produce every document that's needed, and the client doesn't have to know anything about debt collection.
[50:30.320 --> 50:34.320]  All I have to do is answer the questions.
[50:34.320 --> 50:40.320]  We produce the documents, and we have the objection to oral argument in,
[50:40.320 --> 50:43.320]  and this is something I've been working on.
[50:43.320 --> 51:03.320]  In Texas, we have under the rules of civil procedure rule 297. 297 says that if a judge shall properly apply the law to the facts.
[51:03.320 --> 51:13.320]  If the judge, and I've got a bunch of case law in that too that says it's a due process violation, subject to extraordinary writ,
[51:13.320 --> 51:17.320]  or extraordinary remedy, and that means real mandamus.
[51:17.320 --> 51:23.320]  So you could ask a higher court for real mandamus to order the judge to properly apply the law to the facts.
[51:23.320 --> 51:30.320]  Think about it, Mark. The court shall properly apply.
[51:30.320 --> 51:36.320]  And if you request, under 297, you request findings of facts and conclusions at law,
[51:36.320 --> 51:43.320]  that the court shall produce findings of facts and conclusions at law within 20 days.
[51:43.320 --> 51:55.320]  Now, any thing that is a appropriate remedy that I find in Texas law, I almost always find it in everybody else's code.
[51:55.320 --> 52:03.320]  And this statute says the court shall, does not say he may, might, or can if he wants to.
[52:03.320 --> 52:12.320]  So if the court does not produce findings of facts and conclusions at law, you have no way to appeal, because you don't know what was ruled.
[52:12.320 --> 52:22.320]  So he denied you in your right not to appeal, but to petition for appeal, because you don't have a right to appeal.
[52:22.320 --> 52:28.320]  It's arbitrary on part of the courts. They can decide to accept it or not.
[52:28.320 --> 52:31.320]  But you do have a right to a petition for an appeal.
[52:31.320 --> 52:37.320]  And if the judge doesn't tell you why he ruled, he's denying you your right to a petition.
[52:37.320 --> 52:48.320]  If public official acting under color of his official capacity fails to perform a duty he's required to form and denies you in a right,
[52:48.320 --> 52:52.320]  that's official misconduct in every state.
[52:52.320 --> 52:58.320]  You can appeal to the court of appeals, but you also appeal to a criminal tribunal.
[52:58.320 --> 53:04.320]  These judges hadn't had that happening to them.
[53:04.320 --> 53:07.320]  Does that sound like fun?
[53:07.320 --> 53:14.320]  And we've got somebody that knows nothing about law.
[53:14.320 --> 53:18.320]  He don't need to know anything about law.
[53:18.320 --> 53:23.320]  He's got this tool behind him that does.
[53:23.320 --> 53:27.320]  And it's just going to ask him some questions and we'll give to the right question.
[53:27.320 --> 53:30.320]  Bam, it spits the stuff out.
[53:30.320 --> 53:32.320]  Yeah.
[53:32.320 --> 53:34.320]  Sound like fun?
[53:34.320 --> 53:46.320]  No, ours is fun. In the same way, the judge, and I put in a motion to compel the attorney to produce the documents mentioned,
[53:46.320 --> 53:53.320]  because I put in, at the very beginning of the thing, I put in a motion for a fair process.
[53:53.320 --> 53:55.320]  And the judge said, well, that isn't even appropriate.
[53:55.320 --> 53:57.320]  Of course you're getting a fair process.
[53:57.320 --> 54:05.320]  Then we move on and in my answer and counterclaim, the debt collecting attorney said,
[54:05.320 --> 54:11.320]  oh, we don't like counterclaim because then that triggers insurance and the contract with capital one.
[54:11.320 --> 54:16.320]  And so the judge decided that I didn't have a counterclaim.
[54:16.320 --> 54:23.320]  So I put in a motion that the attorney now produce these contracts and his insurance contract.
[54:23.320 --> 54:29.320]  There's been no motion hearing on that yet, but I throw in this spoilation.
[54:29.320 --> 54:32.320]  Okay, wait a minute. That's discovery.
[54:32.320 --> 54:36.320]  Did you send it directly to the opposing party?
[54:36.320 --> 54:43.320]  I did ask for discovery of that stuff and the judge made the determination.
[54:43.320 --> 54:45.320]  Initially, the judge made the determination.
[54:45.320 --> 54:47.320]  I wasn't do any more discovery.
[54:47.320 --> 54:50.320]  I got what I got and that's it.
[54:50.320 --> 54:54.320]  And then the judge and before the end of the hearing said,
[54:54.320 --> 54:58.320]  okay, you're entitled to all the billing records if they have them.
[54:58.320 --> 55:01.320]  And the attorney had made a comment.
[55:01.320 --> 55:03.320]  Well, I don't know if there's old billing records.
[55:03.320 --> 55:08.320]  He then produced a stack of printed out records that were 40 millimeters high.
[55:08.320 --> 55:13.320]  Keep in mind, the attorney also stated in an affidavit that he had...
[55:13.320 --> 55:14.320]  Wait a minute, wait a minute.
[55:14.320 --> 55:16.320]  An accurate record.
[55:16.320 --> 55:20.320]  Okay, 40 millimeters. Was that about an inch?
[55:20.320 --> 55:23.320]  That's about an inch.
[55:23.320 --> 55:24.320]  Okay.
[55:24.320 --> 55:27.320]  This is an inch and a half.
[55:27.320 --> 55:33.320]  So they have billing records going back to 2005 and the attorney says in court,
[55:33.320 --> 55:37.320]  I don't know if we have old records.
[55:37.320 --> 55:40.320]  Now, the other thing that's interesting little dynamic here,
[55:40.320 --> 55:46.320]  I asked for a quote on getting transcripts of the hearings.
[55:46.320 --> 55:52.320]  They blown me off up until this week when we had the hearing in the middle of the week.
[55:52.320 --> 55:59.320]  Suddenly, I'm getting calls on, yes, we'd like to quote that for you.
[55:59.320 --> 56:05.320]  So there's definitely a little bit of something, something going on in the background.
[56:05.320 --> 56:10.320]  But I do like the spoilation, and I'm glad I called,
[56:10.320 --> 56:16.320]  and I do like the observation on the insurance with the WCC,
[56:16.320 --> 56:22.320]  the Wisconsin Organized Crime Act, Wisconsin's RICO Act,
[56:22.320 --> 56:26.320]  and then also just putting it that there are a whole lot of people
[56:26.320 --> 56:29.320]  who are in a similar situation in Wisconsin,
[56:29.320 --> 56:32.320]  just in the general that this account being faked up.
[56:32.320 --> 56:37.320]  If you're looking, though, to do this credit card version of your traffic,
[56:37.320 --> 56:42.320]  I'd also like to point out that I'm guessing they all run,
[56:42.320 --> 56:47.320]  many of these companies run the same backend software or similar backend software
[56:47.320 --> 56:54.320]  because myself and another person had credit cards canceled
[56:54.320 --> 57:00.320]  and then two years later sent a new card on a different account number.
[57:00.320 --> 57:06.320]  So this is not isolated to one bank's activity.
[57:06.320 --> 57:11.320]  This sounds like Wells Fargo all over again.
[57:11.320 --> 57:20.320]  Yes, and it was, in my particular case, I noticed it with a different card, a synchronicity bank.
[57:20.320 --> 57:25.320]  So I don't know how many others there are out there,
[57:25.320 --> 57:30.320]  but it's sounding to me like the only reason Wells Fargo got popped
[57:30.320 --> 57:34.320]  is they got a confidential informant that ratted them out.
[57:34.320 --> 57:39.320]  But it sounds like, from the way I see it stepping back,
[57:39.320 --> 57:45.320]  they have multiple very C-level executives move from bank to bank to bank,
[57:45.320 --> 57:52.320]  and somebody brought this idea around as they were moving from bank to bank to bank.
[57:52.320 --> 57:55.320]  So that's a very good chat. You could open a can of worms form
[57:55.320 --> 58:00.320]  and they'd have a very good reason to play Let's Make a Deal.
[58:00.320 --> 58:03.320]  I prefer that you think about it not as a can of worms,
[58:03.320 --> 58:05.320]  because you shine light on worms.
[58:05.320 --> 58:08.320]  The ones at the top just rotate to the bottom, not much happens.
[58:08.320 --> 58:13.320]  A can of cockroaches is much more appropriate or a can of mosquitoes.
[58:13.320 --> 58:15.320]  Because we keep it annoying.
[58:15.320 --> 58:18.320]  And I'll leave you with that thought so you can get to other callers.
[58:18.320 --> 58:22.320]  Hopefully you had an entertaining discussion tonight.
[58:22.320 --> 58:24.320]  Okay, thank you Mark.
[58:24.320 --> 58:26.320]  Okay, we're about to go to break.
[58:26.320 --> 58:28.320]  And Scott, John, I see you there.
[58:28.320 --> 58:30.320]  We'll pick you up on the other side.
[58:30.320 --> 58:32.320]  This is Randy Kelton.
[58:32.320 --> 58:34.320]  We live on radio.
[58:34.320 --> 58:37.320]  Our call in number 512-646-1984.
[58:37.320 --> 58:40.320]  This is our four hour info marathon.
[58:40.320 --> 58:42.320]  So we'll be here all night.
[58:42.320 --> 58:44.320]  If you have a question or comment, give us a call.
[58:44.320 --> 58:49.320]  We'll be right back.
[59:14.320 --> 59:18.320]  These are a three volume set called Basic Elements of the Christian Life.
[59:18.320 --> 59:21.320]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.320 --> 59:25.320]  clearly presents God's plan of salvation, growing in Christ,
[59:25.320 --> 59:27.320]  and how to build up the church.
[59:27.320 --> 59:30.320]  To order your free New Testament recovery version
[59:30.320 --> 59:33.320]  and Basic Elements of the Christian Life,
[59:33.320 --> 59:40.320]  call Bibles for America toll free at 888-551-0102.
[59:40.320 --> 59:45.320]  That's 888-551-0102.
[59:45.320 --> 59:50.320]  Or visit us online at bfa.org.
[59:50.320 --> 01:00:00.320]  Live free speech radio, logosradionetwork.com.
[01:00:00.320 --> 01:00:03.320]  The following is flashed across Levi.
[01:00:03.320 --> 01:00:08.320]  The low star lowdown.
[01:00:08.320 --> 01:00:11.320]  The markets for Wednesday, the 7th of March, 2018,
[01:00:11.320 --> 01:00:15.320]  are trading with Goulda $1,327.21 an ounce,
[01:00:15.320 --> 01:00:17.320]  Silver $16.49 an ounce,
[01:00:17.320 --> 01:00:20.320]  Texas Crude $62.60 a barrel,
[01:00:20.320 --> 01:00:24.320]  Bitcoins at $9,883.87,
[01:00:24.320 --> 01:00:27.320]  Ethereum $748.18,
[01:00:27.320 --> 01:00:30.320]  Bitcoin Cash $1,086.63,
[01:00:30.320 --> 01:00:40.320]  and finally Litecoin $181.10 a crypto coin.
[01:00:40.320 --> 01:00:42.320]  In history, the year 1989,
[01:00:42.320 --> 01:00:45.320]  I ran in the United Kingdom break diplomatic relations
[01:00:45.320 --> 01:00:49.320]  after a fight over Simon Rusty's controversial novel,
[01:00:49.320 --> 01:00:54.320]  The Satanic Versus, Tim History.
[01:00:54.320 --> 01:00:55.320]  In recent news,
[01:00:55.320 --> 01:00:58.320]  President Trump's top economic advisor, Gary D. Cohn,
[01:00:58.320 --> 01:01:01.320]  stated yesterday, Tuesday, that he was indeed resigning,
[01:01:01.320 --> 01:01:03.320]  this after giving a heads up last week,
[01:01:03.320 --> 01:01:05.320]  that he was considering doing so
[01:01:05.320 --> 01:01:08.320]  if President Trump decided to fall through with his tariffs
[01:01:08.320 --> 01:01:10.320]  on imported aluminum and steel.
[01:01:10.320 --> 01:01:12.320]  Of course, with President Trump's announcement last week
[01:01:12.320 --> 01:01:16.320]  that he would indeed levy tariffs on aluminum and steel imports,
[01:01:16.320 --> 01:01:19.320]  the reason for Mr. Cohn's departure seems obvious for many,
[01:01:19.320 --> 01:01:21.320]  considering he was one of the lone vocal opponents
[01:01:21.320 --> 01:01:27.320]  of any such measures in the administration.
[01:01:27.320 --> 01:01:29.320]  According to a report by The Daily Mail,
[01:01:29.320 --> 01:01:31.320]  skeletal biology expert Richard Jantz
[01:01:31.320 --> 01:01:33.320]  out of the University of Tennessee
[01:01:33.320 --> 01:01:35.320]  believes he may have found the skeletal remains
[01:01:35.320 --> 01:01:37.320]  of Amelia Earhart on a Pacific Island.
[01:01:37.320 --> 01:01:39.320]  Amelia went missing in 1937
[01:01:39.320 --> 01:01:42.320]  when her plane and navigator Fred Newton
[01:01:42.320 --> 01:01:43.320]  were never to be found.
[01:01:43.320 --> 01:01:46.320]  At least until now, Richard Jantz stated that,
[01:01:46.320 --> 01:01:48.320]  what I can say scientifically is that they,
[01:01:48.320 --> 01:01:50.320]  the recent Pacific Island remains,
[01:01:50.320 --> 01:01:52.320]  are 99% likely to be hers.
[01:01:52.320 --> 01:01:54.320]  Interesting timing for this finding to be released,
[01:01:54.320 --> 01:01:57.320]  considering that the 1932 Hudson Essex Terraplane,
[01:01:57.320 --> 01:01:59.320]  which once belonged to Earhart,
[01:01:59.320 --> 01:02:02.320]  was reportedly stolen on Friday, February 23rd, 2018,
[01:02:02.320 --> 01:02:04.320]  only to be found three days later
[01:02:04.320 --> 01:02:13.320]  on the street corner in the Sereno neighborhood in LA.
[01:02:13.320 --> 01:02:15.320]  The crypto market took a big blow today, Wednesday,
[01:02:15.320 --> 01:02:18.320]  with the top ten currencies suffering 5% to 10% losses.
[01:02:18.320 --> 01:02:21.320]  This downturn right after the Securities and Exchange Commission
[01:02:21.320 --> 01:02:23.320]  announced that it would be requiring digital asset exchanges
[01:02:23.320 --> 01:02:25.320]  to register with them.
[01:02:25.320 --> 01:02:27.320]  According to the SEC statement,
[01:02:27.320 --> 01:02:30.320]  quote, if a platform offers trading of digital assets
[01:02:30.320 --> 01:02:32.320]  that are securities and operates as an exchange,
[01:02:32.320 --> 01:02:34.320]  as defined by the federal securities laws,
[01:02:34.320 --> 01:02:37.320]  then the platform must register with the SEC
[01:02:37.320 --> 01:02:39.320]  as a national securities exchange,
[01:02:39.320 --> 01:02:43.320]  or be exempt from registration.
[01:02:43.320 --> 01:02:45.320]  The low-star low-down is looking for sponsors.
[01:02:45.320 --> 01:02:47.320]  You have a prize for a service you ought to advertise with us.
[01:02:47.320 --> 01:02:52.320]  Feel free to give me a call at 210-363-2257.
[01:02:52.320 --> 01:03:00.320]  This was Brick Rody with your low-down for March 7th, 2018.
[01:03:00.320 --> 01:03:23.320]  Okay, we are back.
[01:03:23.320 --> 01:03:33.320]  Thank you so much for joining us today.
[01:03:33.320 --> 01:03:39.320]  Thank you.
[01:03:39.320 --> 01:04:06.320]  Thank you so much for joining us today.
[01:04:06.320 --> 01:04:12.320]  And in the form of like an information request
[01:04:12.320 --> 01:04:21.320]  that what gives them the authority to convert
[01:04:21.320 --> 01:04:29.320]  or, you know, change your status as a commercial driver?
[01:04:29.320 --> 01:04:35.320]  In other words, we're all being labeled as a commercial driver.
[01:04:35.320 --> 01:04:38.320]  As a commercial driver, though,
[01:04:38.320 --> 01:04:43.320]  you have to take physicals and carry a medical card
[01:04:43.320 --> 01:04:45.320]  to be like a truck driver, you know,
[01:04:45.320 --> 01:04:51.320]  so to be an actual commercial driver in that legal sense,
[01:04:51.320 --> 01:04:53.320]  they have to follow certain standards,
[01:04:53.320 --> 01:04:58.320]  so we don't have to have a medical card or anything like that.
[01:04:58.320 --> 01:05:04.320]  That's because we don't have a Class A license.
[01:05:04.320 --> 01:05:08.320]  We only have a Class C, and a Class C doesn't require all that.
[01:05:08.320 --> 01:05:12.320]  We have a chauffeur's license.
[01:05:12.320 --> 01:05:22.320]  Okay, so what gives them the right to classify us as a Class C license
[01:05:22.320 --> 01:05:30.320]  in order to haul up to eight people for pay as a Class C license state?
[01:05:30.320 --> 01:05:35.320]  Did you apply to the state for a license?
[01:05:35.320 --> 01:05:40.320]  Only by and due influence.
[01:05:40.320 --> 01:05:42.320]  You still applied to it.
[01:05:42.320 --> 01:05:45.320]  You applied to the state for a driver's license
[01:05:45.320 --> 01:05:49.320]  for a Class C chauffeur's license.
[01:05:49.320 --> 01:05:54.320]  You did that.
[01:05:54.320 --> 01:06:00.320]  So that's what gives them standing.
[01:06:00.320 --> 01:06:02.320]  My only point here is,
[01:06:02.320 --> 01:06:08.320]  is we really don't have an argument with the Department of Transportation.
[01:06:08.320 --> 01:06:09.320]  Okay.
[01:06:09.320 --> 01:06:11.320]  They're just a regulating agency.
[01:06:11.320 --> 01:06:16.320]  They're not the ones that goes out and writes citations.
[01:06:16.320 --> 01:06:20.320]  That's the Highway Patrol.
[01:06:20.320 --> 01:06:30.320]  And other policing agencies have claimed authority to enforce,
[01:06:30.320 --> 01:06:34.320]  but we're arguing that they don't have it.
[01:06:34.320 --> 01:06:38.320]  Right.
[01:06:38.320 --> 01:06:41.320]  But taking on the Department of Transportation,
[01:06:41.320 --> 01:06:44.320]  that's kind of going to lead to a dead end.
[01:06:44.320 --> 01:06:48.320]  Unless you have never applied for a driver's license,
[01:06:48.320 --> 01:06:54.320]  or you have let your license expire and have not renewed it,
[01:06:54.320 --> 01:06:58.320]  then you're not in contract.
[01:06:58.320 --> 01:07:00.320]  Right.
[01:07:00.320 --> 01:07:07.320]  Yeah, we went through that before on the not in contract thing.
[01:07:07.320 --> 01:07:12.320]  And that only gives them reasonable probable cause to believe
[01:07:12.320 --> 01:07:18.320]  that you have applied to the state for authority to operate in commerce.
[01:07:18.320 --> 01:07:22.320]  So when they see your vehicle properly licensed
[01:07:22.320 --> 01:07:26.320]  and they run a check on the number and find that you're the owner
[01:07:26.320 --> 01:07:29.320]  and you have a commercial license,
[01:07:29.320 --> 01:07:32.320]  now they have reasonable probable cause to believe
[01:07:32.320 --> 01:07:36.320]  that you fall within the statutory scheme.
[01:07:36.320 --> 01:07:44.320]  However, first they must have authority to enforce the statutory scheme,
[01:07:44.320 --> 01:07:51.320]  and then they must have evidence to indicate that you are actually operating
[01:07:51.320 --> 01:07:55.320]  under the authority of the license.
[01:07:55.320 --> 01:08:00.320]  And that's a question they never ask.
[01:08:00.320 --> 01:08:08.320]  That's a question they don't want us to even think about.
[01:08:08.320 --> 01:08:12.320]  So, did that answer about transportation?
[01:08:12.320 --> 01:08:15.320]  Yeah, that was pretty good, I reckon.
[01:08:15.320 --> 01:08:19.320]  So one other thing I was wanting to talk about,
[01:08:19.320 --> 01:08:26.320]  because the world that's spoilage was very interesting.
[01:08:26.320 --> 01:08:31.320]  That seems like it could apply a whole lot of areas.
[01:08:31.320 --> 01:08:38.320]  Yeah, and I want to tell you, that made me look really smart.
[01:08:38.320 --> 01:08:44.320]  I picked up the Texas, O'Connor's Texas Rules of Civil Trials
[01:08:44.320 --> 01:08:49.320]  and I opened it up and set it on my desk and I was looking right at spoilage.
[01:08:49.320 --> 01:08:53.320]  I said, Chief Willikers, what is that?
[01:08:53.320 --> 01:09:00.320]  And then Mark asked the right question, but I look smarter what?
[01:09:00.320 --> 01:09:02.320]  Yeah, no, that was good.
[01:09:02.320 --> 01:09:08.320]  The word I was wanting to talk about was entrapment.
[01:09:08.320 --> 01:09:13.320]  That's the word I was looking for earlier with Mark,
[01:09:13.320 --> 01:09:20.320]  or you're encouraged to do something that will cause you issues.
[01:09:20.320 --> 01:09:25.320]  Okay, go ahead.
[01:09:25.320 --> 01:09:31.320]  On this ticket here, on this barricade thing,
[01:09:31.320 --> 01:09:39.320]  basically I went around a barricade and I went 100 feet to catch up on this offset road
[01:09:39.320 --> 01:09:45.320]  so I could not have to go around and go two and a half miles out of my way, blah, blah, blah.
[01:09:45.320 --> 01:09:52.320]  I was sitting there and he's just riding everybody in his brother's, a ton of tickets.
[01:09:52.320 --> 01:10:00.320]  So this seems like that would go to entrapment because they know, good and well,
[01:10:00.320 --> 01:10:06.320]  if they just scooted that barricade back 100 feet, they wouldn't have been able to sit there and ride tickets all day long
[01:10:06.320 --> 01:10:12.320]  because everybody, a lot of people were getting tickets on that in that little spot.
[01:10:12.320 --> 01:10:22.320]  It seems to me that was entrapment by then.
[01:10:22.320 --> 01:10:36.320]  They're going to say that there's probably some rules for how far a barricade needs to be from workers.
[01:10:36.320 --> 01:10:45.320]  They say it wasn't entrapment because you voluntarily went around the barricade when you had the ability to go elsewhere.
[01:10:45.320 --> 01:10:57.320]  Did you have to make a U-turn from where you were at or was the barricade near an intersection?
[01:10:57.320 --> 01:11:06.320]  Well, I guess it'd be near an intersection because my road was coming down right to it, which came right down to the barricade.
[01:11:06.320 --> 01:11:13.320]  So they moved the barricade up to where, when you got to the barricade, you could turn one way or another.
[01:11:13.320 --> 01:11:24.320]  If they moved the barricade down, then when you got to it, if you didn't have a road to turn to, you'd have to do a U-turn and come back out.
[01:11:24.320 --> 01:11:41.320]  So would it not be reasonable to place the barricade to where it would not cause that kind of inconvenience and possibly traffic jam with people backing up trying to turn around and banging into things?
[01:11:41.320 --> 01:11:53.320]  They would have to come back out and make one of these turns anyway, so they moved the barricade back to where you could easily make the turn and not club up traffic.
[01:11:53.320 --> 01:12:11.320]  Well, that's a thought because it seems like entrapment goes to a lot of stuff that they're doing, even though they don't even have the authority to do it to start with.
[01:12:11.320 --> 01:12:16.320]  But that was just a couple of thoughts.
[01:12:16.320 --> 01:12:21.320]  But anyway, I'm kind of tired, so my brain's not working right now.
[01:12:21.320 --> 01:12:23.320]  Well, I wasn't trying to be difficult on that.
[01:12:23.320 --> 01:12:26.320]  I'm just looking at what the other side's going to say.
[01:12:26.320 --> 01:12:29.320]  They'll probably blow that off really quickly.
[01:12:29.320 --> 01:12:30.320]  Okay.
[01:12:30.320 --> 01:12:33.320]  They'll blow everything off quickly, so that's all right.
[01:12:33.320 --> 01:12:36.320]  Yeah, but there are other things we've got.
[01:12:36.320 --> 01:12:50.320]  They can blow them off as quick as they want, and then we'll come back and clobber them because I'm working in that part of the questionnaire now where I'm almost to the point where I start taking the motions and pleadings
[01:12:50.320 --> 01:13:02.320]  that we file and start asking questions about what they did with them and putting in the remedies we have when they blow off these pleadings.
[01:13:02.320 --> 01:13:08.320]  Well, that's going to be a ton of paperwork right there.
[01:13:08.320 --> 01:13:10.320]  Oh, we're going to get a lot of them.
[01:13:10.320 --> 01:13:23.320]  And for every pleading and every point, fact, and issue in the pleadings, we'll make a different claim.
[01:13:23.320 --> 01:13:34.320]  It's kind of pedantic and detailed to create at the first time, but we got 6.6 million people a year getting tickets.
[01:13:34.320 --> 01:13:39.320]  27% of them are unhappy with their tickets.
[01:13:39.320 --> 01:13:47.320]  If we got 1.1%, we'd be 600,000.
[01:13:47.320 --> 01:13:58.320]  So it's worth going to these details because now we got 600,000 courts having to respond to these.
[01:13:58.320 --> 01:14:13.320]  Do you think, how long do you think it'll take us to get our pleadings perfected to the point that some chump attorney first out of law school is going to be able to defeat statutorily one of our pleadings?
[01:14:13.320 --> 01:14:19.320]  They will be so far out of the league, they won't have a chance.
[01:14:19.320 --> 01:14:28.320]  Every step they make, the next day we land on them like a ton of bricks.
[01:14:28.320 --> 01:14:33.320]  We're getting excited. It's coming together.
[01:14:33.320 --> 01:14:40.320]  And actually Scott is working with me and he's helping to lay in this code.
[01:14:40.320 --> 01:14:45.320]  I'm hoping to have most of this code done by Monday or Tuesday.
[01:14:45.320 --> 01:14:56.320]  And then we can start putting this thing out there and start shutting down traffic or traffic enforcement.
[01:14:56.320 --> 01:15:11.320]  Oh, it's going to be an eye-opener for a lot of people when they start getting all this stuff now because the way the statement of facts and everything just builds upon each other, it's huge.
[01:15:11.320 --> 01:15:15.320]  It's going to be huge.
[01:15:15.320 --> 01:15:20.320]  So, yep, well, that's all I got for right now.
[01:15:20.320 --> 01:15:25.320]  So I guess I'll let you go ahead and get to the next caller.
[01:15:25.320 --> 01:15:30.320]  Okay, I'll see if I got somebody who's not brain dead.
[01:15:30.320 --> 01:15:33.320]  Yeah, that's a good idea.
[01:15:33.320 --> 01:15:41.320]  I've been dealing with my son and oh crash and getting his car all straightened out.
[01:15:41.320 --> 01:15:45.320]  So, yeah, that's enough for me today.
[01:15:45.320 --> 01:15:52.320]  Okay, thank you, Scott. Okay, now we're going to John in New York. Hello, John.
[01:15:52.320 --> 01:15:55.320]  Hi, Randy. Thank you very much.
[01:15:55.320 --> 01:16:07.320]  When I was first learning to run a computer back about 25 years ago, the instructions on the computer said, click on icon.
[01:16:07.320 --> 01:16:10.320]  Click on icon.
[01:16:10.320 --> 01:16:17.320]  Now, I didn't know what the heck they meant by an icon and I didn't know what in heaven's name they were talking about.
[01:16:17.320 --> 01:16:26.320]  Click on. I had no idea. So that's kind of like me right now with legal stuff.
[01:16:26.320 --> 01:16:31.320]  I have no idea what I'm doing, so I'm going to need all the help you can give me.
[01:16:31.320 --> 01:16:43.320]  Okay, and after doing this show for 10 years where I talked to a microphone and tried to give people complex legal remedies
[01:16:43.320 --> 01:16:48.320]  in a way they can understand, this is what I specialize in, but I'm not the greatest at everything.
[01:16:48.320 --> 01:17:14.320]  Hang on, we're about to go to break. Randy Kelton, we love the radio. We'll be right back.
[01:17:14.320 --> 01:17:20.320]  I'm a show producer, but I'm a bit of a Luddite and I really don't have any money to give because I spent it all on supplements.
[01:17:20.320 --> 01:17:22.320]  How can I help Logos?
[01:17:22.320 --> 01:17:24.320]  Well, I'm glad you asked.
[01:17:24.320 --> 01:17:29.320]  Whenever you order anything from Amazon, you can help Logos with ordering your supplies or holiday gifts.
[01:17:29.320 --> 01:17:31.320]  First thing you do is clear your cookies.
[01:17:31.320 --> 01:17:34.320]  Now, go to LogosRegularNetwork.com.
[01:17:34.320 --> 01:17:37.320]  Click on the Amazon logo and bookmark it.
[01:17:37.320 --> 01:17:43.320]  Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:17:43.320 --> 01:17:44.320]  Do I pay extra?
[01:17:44.320 --> 01:17:45.320]  No.
[01:17:45.320 --> 01:17:47.320]  Do you have to do anything different when I order?
[01:17:47.320 --> 01:17:48.320]  No.
[01:17:48.320 --> 01:17:49.320]  Can I use my Amazon Prime?
[01:17:49.320 --> 01:17:50.320]  No.
[01:17:50.320 --> 01:17:51.320]  I mean, yes.
[01:17:51.320 --> 01:17:55.320]  Wow, giving without doing anything or spending any money, this is perfect.
[01:17:55.320 --> 01:17:57.320]  Thank you so much.
[01:17:57.320 --> 01:17:58.320]  We are Logos.
[01:17:58.320 --> 01:18:00.320]  Happy holidays, Logos.
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[01:19:00.320 --> 01:19:10.320]  This is the Logos Logos Radio Network.
[01:19:10.320 --> 01:19:39.320]  Ok, we are back. Randy Kelton, rule of law radio on this Friday the ninth day of March 2018.
[01:19:39.320 --> 01:19:52.320]  And we're talking to John in New York and doing this show where I sit and speak to a microphone and can't see my listener.
[01:19:52.320 --> 01:20:01.320]  And being someone who researches and works in areas that are new to me,
[01:20:01.320 --> 01:20:09.320]  the primary frustration with me in especially dealing with software is exactly what you were saying.
[01:20:09.320 --> 01:20:24.320]  You have these guys who create these manuals and there are terms they use every day, all the time, and a second nature to it.
[01:20:24.320 --> 01:20:34.320]  I tried to set up a website with Joomla. I bought a book on Joomla.
[01:20:34.320 --> 01:20:44.320]  Nowhere, not one place did it tell me how to load a file in Joomla.
[01:20:44.320 --> 01:20:55.320]  And finally, the first thing I want to do is load files up onto the website. I could not do the first thing.
[01:20:55.320 --> 01:21:05.320]  In Joomla they called the file something else and I don't even remember what it is now. Articles, I think they called them articles.
[01:21:05.320 --> 01:21:15.320]  But nothing anywhere told me that. So I could not do the first step.
[01:21:15.320 --> 01:21:22.320]  And I went through the whole book. I spent a couple of months trying to build a Joomla.
[01:21:22.320 --> 01:21:37.320]  I wanted to get the guys who wrote this book and choke him until the explanation for the very first thing you must do squeezed out of his mouth.
[01:21:37.320 --> 01:21:46.320]  I run into this all of the time and my whole show is about the short course.
[01:21:46.320 --> 01:21:57.320]  I've constructed these metaphors. A lot of the stories you hear me tell for the most part are not just stories.
[01:21:57.320 --> 01:22:05.320]  They're therapeutic metaphors. They're designed to create an internal understanding.
[01:22:05.320 --> 01:22:18.320]  Because I can't see my listener. I can't tell when you're confused. You'll hear me a lot of times apologizing for being pedantic.
[01:22:18.320 --> 01:22:29.320]  And that's because I'm practicing not assuming that you already know something that's basic.
[01:22:29.320 --> 01:22:43.320]  Because if there's a piece that you've missed, that's absolutely totally basic and everybody talks about it every day, but you haven't seen it yet.
[01:22:43.320 --> 01:22:48.320]  When I pass that without explaining it, I have completely lost you.
[01:22:48.320 --> 01:22:57.320]  So I understand you particularly. I work on this all the time and I need feedback.
[01:22:57.320 --> 01:23:07.320]  The problem I have, the problem these geeks have that I get so annoyed at is we don't get enough feedback.
[01:23:07.320 --> 01:23:17.320]  I don't know when you didn't understand something. When I do seminars, I enjoy doing seminars because I can really work a crowd.
[01:23:17.320 --> 01:23:31.320]  I can tell when somebody doesn't get something and I can back up and move over. I can tell when somebody is drifting off topic and I can use the people who are on topic to bring them back in place.
[01:23:31.320 --> 01:23:42.320]  I've got a lot of techniques for that. But when I first started doing radio, that was a whole different animal and it forced me to be more detailed and pedantic.
[01:23:42.320 --> 01:23:48.320]  But I still don't know what you don't know.
[01:23:48.320 --> 01:23:56.320]  So never be reluctant about asking me a question about something no matter how basic it is.
[01:23:56.320 --> 01:24:03.320]  Because if I'm missing something minor and basic, I need to know.
[01:24:03.320 --> 01:24:11.320]  If I don't get the basics right, I'm going to lose my audience every time.
[01:24:11.320 --> 01:24:15.320]  Okay, with that said.
[01:24:15.320 --> 01:24:23.320]  This is about Virginia's foreclosure. Tell me everything about the declaratory judgment.
[01:24:23.320 --> 01:24:30.320]  Okay, let me start at the beginning of a foreclosure case.
[01:24:30.320 --> 01:24:34.320]  Joe does securitization.
[01:24:34.320 --> 01:24:39.320]  Well, at the beginning of a foreclosure case, I don't care about securitization.
[01:24:39.320 --> 01:24:44.320]  What I care about is who's on first.
[01:24:44.320 --> 01:24:52.320]  I have a friend in California kept him in court six years by asking who's on first.
[01:24:52.320 --> 01:25:02.320]  Someone filed an action to foreclose and my question was, who the heck are you?
[01:25:02.320 --> 01:25:09.320]  I spoke in Rick's persona and I said, I've never entered into a contract with you.
[01:25:09.320 --> 01:25:13.320]  I've never entered into a contract with your alleged principal.
[01:25:13.320 --> 01:25:16.320]  I don't know who you people are.
[01:25:16.320 --> 01:25:20.320]  I stipulate to nothing.
[01:25:20.320 --> 01:25:25.320]  Prove up your agency standing and capacity.
[01:25:25.320 --> 01:25:35.320]  Prove your agency to represent a principal who has standing and the legal capacity to invoke subject matter jurisdiction in this court.
[01:25:35.320 --> 01:25:37.320]  It took them six years.
[01:25:37.320 --> 01:25:40.320]  That was a four-page document.
[01:25:40.320 --> 01:25:44.320]  Six years later, the Supreme Court denied our search.
[01:25:44.320 --> 01:25:47.320]  And now we're ready to go to the next step.
[01:25:47.320 --> 01:25:54.320]  Okay, this is how I get to subject matter jurisdiction.
[01:25:54.320 --> 01:26:05.320]  Look in the public record, every state has a statute that reflects Texas property code 13.001.
[01:26:05.320 --> 01:26:11.320]  In California, it's 1214.
[01:26:11.320 --> 01:26:13.320]  But every state has one.
[01:26:13.320 --> 01:26:19.320]  Without this statute, there is no reason to have a county recorder's office.
[01:26:19.320 --> 01:26:35.320]  What 13.001 Texas property code says, any document not properly acknowledged or proven and filed in the record is void as to the holder.
[01:26:35.320 --> 01:26:41.320]  So first thing, I don't care who the holder is.
[01:26:41.320 --> 01:26:44.320]  Don't care who holds what.
[01:26:44.320 --> 01:26:56.320]  I want to know who has agency standing and legal capacity according to the public record.
[01:26:56.320 --> 01:26:59.320]  You have to file your claim with the public record.
[01:26:59.320 --> 01:27:02.320]  Otherwise, nobody could buy property.
[01:27:02.320 --> 01:27:04.320]  Nobody would dare buy property.
[01:27:04.320 --> 01:27:17.320]  If I buy a piece of property from you and there is a large claim against that property that's not publicly filed, then I buy that property from you.
[01:27:17.320 --> 01:27:23.320]  And then two weeks later, I get this someone coming down to exercise a major claim against the property.
[01:27:23.320 --> 01:27:25.320]  I'm screwed.
[01:27:25.320 --> 01:27:39.320]  So in 1653, I think it's the right time when they first started portioning up property at Plymouth, they put together a registrar.
[01:27:39.320 --> 01:27:52.320]  They issued deeds, put together a registrar of deeds so everybody who made a claim could come to this registrar and register their claim so two people wouldn't be fighting over the same land.
[01:27:52.320 --> 01:27:55.320]  That's how important it was when the first thing they did.
[01:27:55.320 --> 01:27:58.320]  And it's been in law ever since.
[01:27:58.320 --> 01:28:03.320]  So what has been filed in the public record?
[01:28:03.320 --> 01:28:15.320]  And here's what we look for with the securitization debacle in the year 2000.
[01:28:15.320 --> 01:28:41.320]  They put together mirrors so that the large banks could issue a lot of mortgages group those mortgage to get mortgages together in a large pool of mortgages and then sell that transfer that pool into a trust and then sell tranches from that pool.
[01:28:41.320 --> 01:28:50.320]  A tranche is like a slice off of a piece of roast.
[01:28:50.320 --> 01:28:57.320]  If you ever got a gyro sandwich, you've got this huge roast up there and they take slices off of it and build your sandwich with it.
[01:28:57.320 --> 01:29:01.320]  Well, that's sort of like what tranches are.
[01:29:01.320 --> 01:29:11.320]  They may sell 1% or 2% of this accumulation of 20,000 mortgages.
[01:29:11.320 --> 01:29:17.320]  They've got three or four different trusts going on at one time.
[01:29:17.320 --> 01:29:21.320]  If one is very profitable, they're going to have to pay taxes on it.
[01:29:21.320 --> 01:29:24.320]  If one is losing money, they've got deductions on it.
[01:29:24.320 --> 01:29:35.320]  So they take a slice off one of these and move it over to the other to balance out their income to avoid having to pay taxes.
[01:29:35.320 --> 01:29:36.320]  Problem.
[01:29:36.320 --> 01:29:48.320]  Each time there is a change to the beneficial interest of the mortgage, the borrower has a right to have notice under the real estate settlement procedures act.
[01:29:48.320 --> 01:30:00.320]  Hang on. We'll pick this up on the other side. Randy Kelton with Love Radio. We'll be right back.
[01:30:00.320 --> 01:30:06.320]  Drug smugglers have tried everything from submarines to catapults to get illegal drugs into the U.S.
[01:30:06.320 --> 01:30:11.320]  But their most recent method was so ingenious it only cost them a quarter of shipment.
[01:30:11.320 --> 01:30:15.320]  I'm Dr. Catherine Albrecht and I'll be right back to tell you what it was.
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[01:30:45.320 --> 01:30:50.320]  Mexican drug smugglers are always brainstorming new ways to outsmart the border patrol,
[01:30:50.320 --> 01:30:53.320]  but their recent exploits were the stuff of legend.
[01:30:53.320 --> 01:30:59.320]  The traffickers tunneled their way underground to 16-metered parking spaces in Nogales, Arizona,
[01:30:59.320 --> 01:31:01.320]  and cut careful rectangles in the pavement.
[01:31:01.320 --> 01:31:07.320]  U.S. accomplices then parked false bottom cars above the holes, fed the parking meter,
[01:31:07.320 --> 01:31:09.320]  and stuffed the cars with drugs from below.
[01:31:09.320 --> 01:31:15.320]  Once the pavement plugs were back in place, the vehicles would cruise quietly away with nobody the wiser.
[01:31:15.320 --> 01:31:21.320]  Eventually, diligent deputies detained the digging desperados, and that was the end of drive-thru drugs.
[01:31:21.320 --> 01:31:26.320]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:30.320 --> 01:31:35.320]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.320 --> 01:31:37.320]  The government says the fire brought it down.
[01:31:37.320 --> 01:31:42.320]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.320 --> 01:31:45.320]  Over 6,000 of my fellow service members have given their lives,
[01:31:45.320 --> 01:31:48.320]  and thousands of my fellow force respond this is lying.
[01:31:48.320 --> 01:31:49.320]  I'm not a conspiracy theorist.
[01:31:49.320 --> 01:31:50.320]  I'm a structural engineer.
[01:31:50.320 --> 01:31:52.320]  I'm a New York City correctional.
[01:31:52.320 --> 01:31:53.320]  I'm an Air Force pilot.
[01:31:53.320 --> 01:31:54.320]  I'm the father who lost his son.
[01:31:54.320 --> 01:31:57.320]  We're Americans, and we deserve the truth.
[01:31:57.320 --> 01:32:00.320]  Go to RememberBuilding7.org today.
[01:32:00.320 --> 01:32:02.320]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.320 --> 01:32:05.320]  Did your home receive hail or wind damage from the recent storms?
[01:32:05.320 --> 01:32:08.320]  Come on, we all know the government caused it with their chemtrails,
[01:32:08.320 --> 01:32:10.320]  but good luck getting them to pay for it.
[01:32:10.320 --> 01:32:12.320]  Okay, I might be kidding about the chemtrails,
[01:32:12.320 --> 01:32:14.320]  but I'm serious about your roof.
[01:32:14.320 --> 01:32:15.320]  That's why you have insurance,
[01:32:15.320 --> 01:32:18.320]  and Hill Country Home Improvements can handle the claim for you
[01:32:18.320 --> 01:32:20.320]  with little to no out-of-pocket expense.
[01:32:20.320 --> 01:32:23.320]  And we accept Bitcoin as a multi-year A-plus member
[01:32:23.320 --> 01:32:26.320]  of the Better Business Bureau with zero complaints.
[01:32:26.320 --> 01:32:29.320]  You can trust Hill Country Home Improvements to handle your claim
[01:32:29.320 --> 01:32:31.320]  and your roof right the first time.
[01:32:31.320 --> 01:32:35.320]  Just call 512-992-8745,
[01:32:35.320 --> 01:32:38.320]  or go to hillcountryhomeimprovements.com.
[01:32:38.320 --> 01:32:40.320]  Mention the crypto show and get $100 off,
[01:32:40.320 --> 01:32:43.320]  and we'll donate another $100 to the Logos Radio Network
[01:32:43.320 --> 01:32:45.320]  to help continue this programming.
[01:32:45.320 --> 01:32:47.320]  So if those out-of-town roofers come knocking,
[01:32:47.320 --> 01:32:50.320]  your door should be locked in.
[01:32:50.320 --> 01:32:56.320]  That's 512-992-8745, or hillcountryhomeimprovements.com.
[01:32:56.320 --> 01:32:58.320]  Discounts are based on full roof replacement.
[01:32:58.320 --> 01:33:01.320]  I mean, I actually be kidding about chemtrails.
[01:33:02.320 --> 01:33:04.320]  Looking for some truth?
[01:33:04.320 --> 01:33:30.320]  You found it, LogosRadioNetwork.com.
[01:33:35.320 --> 01:33:44.320]  LogosRadioNetwork.com
[01:33:44.320 --> 01:33:45.320]  Okay, we are back.
[01:33:45.320 --> 01:33:47.320]  We're in the Kelton Rue de la Radio,
[01:33:47.320 --> 01:33:50.320]  and we're talking to John in New York,
[01:33:50.320 --> 01:33:56.320]  and we're talking about how the mortgage process really works.
[01:33:56.320 --> 01:34:01.320]  So the banks put together these trusts,
[01:34:01.320 --> 01:34:04.320]  and they're cutting tranches off of them
[01:34:04.320 --> 01:34:05.320]  and moving them around,
[01:34:05.320 --> 01:34:10.320]  and they're selling portions of it to investors.
[01:34:10.320 --> 01:34:14.320]  And then the investors sell their portions back and forth.
[01:34:14.320 --> 01:34:17.320]  Every time there's a change in the beneficial interest
[01:34:17.320 --> 01:34:19.320]  of the mortgage,
[01:34:19.320 --> 01:34:21.320]  the real estate settlement procedures act requires
[01:34:21.320 --> 01:34:24.320]  that notice be given to the borrower.
[01:34:24.320 --> 01:34:31.320]  Problem, when you cut 1% trash off of a trust
[01:34:31.320 --> 01:34:33.320]  with 10,000 mortgages in it,
[01:34:33.320 --> 01:34:37.320]  you've got to do 10,000 filings,
[01:34:37.320 --> 01:34:42.320]  and at 30 to 50 bucks a piece, that's untenable.
[01:34:42.320 --> 01:34:44.320]  So they come up with this great idea.
[01:34:44.320 --> 01:34:48.320]  They put together mortgage electronic registration systems,
[01:34:48.320 --> 01:34:53.320]  and they named mortgage electronic registration systems
[01:34:53.320 --> 01:34:55.320]  as the nominee,
[01:34:55.320 --> 01:34:57.320]  I don't know why they use nominee,
[01:34:57.320 --> 01:34:59.320]  because it doesn't make any sense,
[01:34:59.320 --> 01:35:01.320]  as the nominee for the lender
[01:35:01.320 --> 01:35:08.320]  and the lender's successors and assigns.
[01:35:08.320 --> 01:35:11.320]  So mortgage electronic registration systems
[01:35:11.320 --> 01:35:15.320]  stood in the front as the agent for everybody
[01:35:15.320 --> 01:35:19.320]  so that anyone who had a mortgage
[01:35:19.320 --> 01:35:22.320]  could always go to mortgage electronic registration systems
[01:35:22.320 --> 01:35:26.320]  as the agent for whoever the holder happened to be.
[01:35:26.320 --> 01:35:28.320]  And in this way,
[01:35:28.320 --> 01:35:34.320]  they wouldn't have to file these notices
[01:35:34.320 --> 01:35:37.320]  every time they changed the benefits for interest.
[01:35:37.320 --> 01:35:39.320]  Well, that was a pretty slick system.
[01:35:39.320 --> 01:35:42.320]  The problem with it was it was illegal,
[01:35:42.320 --> 01:35:45.320]  or more specifically,
[01:35:45.320 --> 01:35:51.320]  it did not preserve the claims against the property.
[01:35:51.320 --> 01:35:54.320]  It was not technically illegal,
[01:35:54.320 --> 01:35:58.320]  because the banks were not required
[01:35:58.320 --> 01:36:03.320]  to file notice with the county recorder's office.
[01:36:03.320 --> 01:36:07.320]  Now, there were required to give the borrower
[01:36:07.320 --> 01:36:09.320]  a notice of a change of beneficial interest,
[01:36:09.320 --> 01:36:12.320]  but they weren't required to file any notice
[01:36:12.320 --> 01:36:16.320]  with the county recorder's office.
[01:36:16.320 --> 01:36:18.320]  It's not a requirement.
[01:36:18.320 --> 01:36:24.320]  The office is there for your benefit, for your use.
[01:36:24.320 --> 01:36:27.320]  You don't have to file a claim against the property.
[01:36:27.320 --> 01:36:30.320]  If you take a mechanics lien against my property,
[01:36:30.320 --> 01:36:32.320]  you want to work on it,
[01:36:32.320 --> 01:36:34.320]  and I can't pay you all of it once,
[01:36:34.320 --> 01:36:36.320]  you're going to take a materialman's lien
[01:36:36.320 --> 01:36:39.320]  or a mechanics lien against the property.
[01:36:39.320 --> 01:36:42.320]  Well, you don't have to file that lien with the county recorder
[01:36:42.320 --> 01:36:44.320]  if you don't want to.
[01:36:44.320 --> 01:36:47.320]  But if I didn't sell the property,
[01:36:47.320 --> 01:36:52.320]  and the buyer looks in the record and doesn't find that lien,
[01:36:52.320 --> 01:36:54.320]  you're screwed.
[01:36:54.320 --> 01:36:57.320]  You may have a valid lien,
[01:36:57.320 --> 01:36:59.320]  but if it's not filed in the record,
[01:36:59.320 --> 01:37:01.320]  it avoids it to the holder.
[01:37:01.320 --> 01:37:04.320]  So that was their problem.
[01:37:04.320 --> 01:37:08.320]  And now, when a foreclosure starts,
[01:37:08.320 --> 01:37:12.320]  it's my opinion that the banks love this,
[01:37:12.320 --> 01:37:17.320]  so be the note, argument, and securitization argument,
[01:37:17.320 --> 01:37:20.320]  because that they can argue.
[01:37:20.320 --> 01:37:24.320]  I don't want to go there, not yet.
[01:37:24.320 --> 01:37:29.320]  I only go there if I can't find a break in the chain of title.
[01:37:29.320 --> 01:37:32.320]  Now, here's what happened.
[01:37:32.320 --> 01:37:35.320]  The banks created these mortgage companies,
[01:37:35.320 --> 01:37:37.320]  and the mortgage companies,
[01:37:37.320 --> 01:37:41.320]  they needed as many mortgages as they could get.
[01:37:41.320 --> 01:37:46.320]  They did not care if you paid that mortgage back or not.
[01:37:46.320 --> 01:37:48.320]  Now, on the surface, that sounds unintuitive.
[01:37:48.320 --> 01:37:53.320]  They'd lend you $250,000 to purchase a property,
[01:37:53.320 --> 01:37:56.320]  and they don't care if you pay it back or not.
[01:37:56.320 --> 01:38:03.320]  The reason being is they would force you to buy mortgage insurance
[01:38:03.320 --> 01:38:05.320]  on that mortgage,
[01:38:05.320 --> 01:38:09.320]  and mortgage insurance would pay off 80% of the mortgage,
[01:38:09.320 --> 01:38:14.320]  I'm sorry, 85% of the mortgage.
[01:38:14.320 --> 01:38:20.320]  Then they would take that mortgage and sell it into a trust,
[01:38:20.320 --> 01:38:24.320]  and they had this great scam going,
[01:38:24.320 --> 01:38:27.320]  because they could take the mortgage,
[01:38:27.320 --> 01:38:31.320]  change the interest rate amount showing on the mortgage,
[01:38:31.320 --> 01:38:33.320]  and sell it into another trust,
[01:38:33.320 --> 01:38:35.320]  and insure that one,
[01:38:35.320 --> 01:38:38.320]  and sell it into another one, and insure that one.
[01:38:38.320 --> 01:38:40.320]  China complained that Bank of America
[01:38:40.320 --> 01:38:44.320]  sold in the same mortgage up to 20 times.
[01:38:44.320 --> 01:38:46.320]  Each time they sell the mortgage,
[01:38:46.320 --> 01:38:53.320]  they collect approximately 103% of the original principal.
[01:38:53.320 --> 01:38:55.320]  So, they sell the mortgage,
[01:38:55.320 --> 01:38:58.320]  they collect this huge pool of money.
[01:38:58.320 --> 01:39:07.320]  And now, as the lender pays back the mortgage,
[01:39:07.320 --> 01:39:09.320]  they pull from this big pool of money,
[01:39:09.320 --> 01:39:12.320]  and pay each of these other fake mortgages
[01:39:12.320 --> 01:39:16.320]  that they've sold in these trusts.
[01:39:16.320 --> 01:39:19.320]  Then once you've paid for approximately 12 years,
[01:39:19.320 --> 01:39:22.320]  they want you to bankrupt,
[01:39:22.320 --> 01:39:26.320]  because you will have paid the mortgage down about 15%.
[01:39:26.320 --> 01:39:29.320]  So, if they can get, and they want you to default,
[01:39:29.320 --> 01:39:32.320]  so if they can get you to default,
[01:39:32.320 --> 01:39:36.320]  then the insurance pays off your mortgage to them,
[01:39:36.320 --> 01:39:39.320]  pays off their loss, they lose nothing.
[01:39:39.320 --> 01:39:42.320]  And all of these other mortgages,
[01:39:42.320 --> 01:39:46.320]  these fake ones that they sold to the insurance companies,
[01:39:46.320 --> 01:39:51.320]  that they sold to the trusts, and insured them,
[01:39:51.320 --> 01:39:55.320]  they all bankrupt at the same time.
[01:39:55.320 --> 01:39:58.320]  So, the bank gets to keep this huge pool of money.
[01:39:58.320 --> 01:40:05.320]  The largest money, the largest scam against the American public,
[01:40:05.320 --> 01:40:10.320]  but the largest scam period ever in the history of the world.
[01:40:10.320 --> 01:40:14.320]  But here's a problem that produced.
[01:40:14.320 --> 01:40:17.320]  They put together these mortgage companies
[01:40:17.320 --> 01:40:20.320]  for the purpose of selling these predatory loans.
[01:40:20.320 --> 01:40:22.320]  They wanted them to be predatory,
[01:40:22.320 --> 01:40:25.320]  because they wanted you to default.
[01:40:25.320 --> 01:40:28.320]  So, and they were very profitable.
[01:40:28.320 --> 01:40:31.320]  So, if you could stand up and breathe,
[01:40:31.320 --> 01:40:33.320]  they would give you mortgage,
[01:40:33.320 --> 01:40:35.320]  because they wanted you to default.
[01:40:35.320 --> 01:40:38.320]  So, they made, they were profitable loans.
[01:40:38.320 --> 01:40:42.320]  And the banks, they're making these incredible amounts of money,
[01:40:42.320 --> 01:40:44.320]  and they don't have to pay tax on it.
[01:40:44.320 --> 01:40:46.320]  So, the greatest mortgage company,
[01:40:46.320 --> 01:40:48.320]  mortgage company creates the mortgage,
[01:40:48.320 --> 01:40:50.320]  and they sell it to the bank at a loss.
[01:40:50.320 --> 01:40:53.320]  They run the mortgage company four or five years,
[01:40:53.320 --> 01:40:55.320]  and then they bankrupt the company and shut it down
[01:40:55.320 --> 01:40:58.320]  and open up another one.
[01:40:58.320 --> 01:41:02.320]  The problem, when they shut the companies down,
[01:41:02.320 --> 01:41:06.320]  they didn't want to spend the money
[01:41:06.320 --> 01:41:12.320]  to file an assignment from the mortgage company
[01:41:12.320 --> 01:41:15.320]  to a third party.
[01:41:15.320 --> 01:41:19.320]  So, these, originally these companies just went out of business.
[01:41:19.320 --> 01:41:22.320]  And then when the mortgage crashes occurred,
[01:41:22.320 --> 01:41:24.320]  when they finally crashed the system,
[01:41:24.320 --> 01:41:27.320]  and they crashed the system on purpose.
[01:41:27.320 --> 01:41:30.320]  So, we've talked about that in another show,
[01:41:30.320 --> 01:41:40.320]  but they took off a restriction on naked short selling.
[01:41:40.320 --> 01:41:45.320]  And the prohibition on naked short selling
[01:41:45.320 --> 01:41:49.320]  was to keep from happening exactly what happened.
[01:41:49.320 --> 01:41:54.320]  They took the restriction off two weeks later.
[01:41:54.320 --> 01:41:57.320]  I forget who it was, did a naked short sale
[01:41:57.320 --> 01:42:00.320]  on one of their major banks and crashed them.
[01:42:00.320 --> 01:42:02.320]  It's Hirston Lehman.
[01:42:02.320 --> 01:42:04.320]  They put Hirston Lehman out of business,
[01:42:04.320 --> 01:42:06.320]  and that caused the whole system to crash.
[01:42:06.320 --> 01:42:08.320]  They did that on purpose.
[01:42:08.320 --> 01:42:11.320]  So, the problem they had was they bankrupted
[01:42:11.320 --> 01:42:14.320]  all these mortgage companies.
[01:42:14.320 --> 01:42:17.320]  And the mortgage company didn't transfer their asset
[01:42:17.320 --> 01:42:20.320]  before they went out of business.
[01:42:20.320 --> 01:42:25.320]  It goes to the dead guy syndrome.
[01:42:25.320 --> 01:42:27.320]  The mortgage company is a corporation.
[01:42:27.320 --> 01:42:29.320]  The corporation is a person under law,
[01:42:29.320 --> 01:42:31.320]  so that that person has certain rights.
[01:42:31.320 --> 01:42:34.320]  Well, in this case, the person died.
[01:42:34.320 --> 01:42:36.320]  Unlike a living, breathing, human being person,
[01:42:36.320 --> 01:42:39.320]  when a living, breathing, human being person dies,
[01:42:39.320 --> 01:42:41.320]  his asset goes into probate,
[01:42:41.320 --> 01:42:43.320]  because the living, breathing, human being person
[01:42:43.320 --> 01:42:45.320]  can die suddenly,
[01:42:45.320 --> 01:42:51.320]  or can die inauspiciously without taking care of business.
[01:42:51.320 --> 01:42:53.320]  And somebody needs to take care of his business
[01:42:53.320 --> 01:42:55.320]  and sell it afterward for his heirs,
[01:42:55.320 --> 01:42:58.320]  but a corporation doesn't have heirs.
[01:42:58.320 --> 01:43:00.320]  And they don't die of heart attacks,
[01:43:00.320 --> 01:43:03.320]  or in auto accidents.
[01:43:03.320 --> 01:43:05.320]  When they die, they go out slowly,
[01:43:05.320 --> 01:43:07.320]  and they have time to take their assets
[01:43:07.320 --> 01:43:09.320]  and transfer them to some other entity
[01:43:09.320 --> 01:43:11.320]  before they go out of business.
[01:43:11.320 --> 01:43:14.320]  If they choose not to,
[01:43:14.320 --> 01:43:20.320]  their business, their claim dies with them.
[01:43:20.320 --> 01:43:23.320]  And that's what Shrek called these vampire lenders.
[01:43:23.320 --> 01:43:26.320]  And when we come back, we'll talk about vampire lenders.
[01:43:26.320 --> 01:43:28.320]  And in your case, John,
[01:43:28.320 --> 01:43:30.320]  I think that's exactly what you have.
[01:43:30.320 --> 01:43:32.320]  Randy Kelton, rule of our radio.
[01:43:32.320 --> 01:43:37.320]  I call in number 512-646-1984.
[01:43:37.320 --> 01:43:39.320]  We'll have our phone lines open all night,
[01:43:39.320 --> 01:43:43.320]  so if you have a question or comment, give us a call.
[01:43:43.320 --> 01:43:48.320]  And you might go to Logos Radio Network.
[01:43:48.320 --> 01:43:51.320]  We're starting up our fund drive again.
[01:43:51.320 --> 01:43:54.320]  We're struggling to keep this radio on the air,
[01:43:54.320 --> 01:43:57.320]  so go look at what we have to sell to help us out.
[01:43:57.320 --> 01:44:26.320]  We'll be right back.
[01:44:27.320 --> 01:44:30.320]  They are different varieties of the same species.
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[01:45:01.320 --> 01:45:04.320]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:27.320 --> 01:46:34.320]  Okay, we are back.
[01:46:34.320 --> 01:46:35.320]  Randy Kelton,
[01:46:35.320 --> 01:46:36.320]  Rule of Law Radio,
[01:46:36.320 --> 01:46:42.320]  and we're talking about how the mortgage system works
[01:46:42.320 --> 01:46:46.320]  from the perspective of where are their weaknesses.
[01:46:46.320 --> 01:46:48.320]  And this is the big weakness,
[01:46:48.320 --> 01:46:50.320]  the Washington Mutual.
[01:46:50.320 --> 01:46:54.320]  Washington Mutual was caught by the CIA
[01:46:54.320 --> 01:46:57.320]  laundering money for their Mexican
[01:46:57.320 --> 01:47:00.320]  and Colombian drug cartels.
[01:47:00.320 --> 01:47:03.320]  Well, that was a bad strategy
[01:47:03.320 --> 01:47:09.320]  because the CIA is competing with the drug cartels
[01:47:09.320 --> 01:47:12.320]  to sell drugs here in the United States.
[01:47:12.320 --> 01:47:15.320]  That's how they fund their trash projects
[01:47:15.320 --> 01:47:17.320]  and make themselves rich.
[01:47:17.320 --> 01:47:21.320]  Well, Washington Mutual crossed with the CIA,
[01:47:21.320 --> 01:47:24.320]  and the CIA put him out of business.
[01:47:24.320 --> 01:47:27.320]  Well, before Washington Mutual went out of business,
[01:47:27.320 --> 01:47:29.320]  Washington Mutual did not transfer
[01:47:29.320 --> 01:47:32.320]  all of its assets to a third party.
[01:47:32.320 --> 01:47:35.320]  And Judge Shrek in New York,
[01:47:35.320 --> 01:47:37.320]  when this issue was raised,
[01:47:37.320 --> 01:47:40.320]  he called them vampire lenders.
[01:47:40.320 --> 01:47:43.320]  This lender is a person under law
[01:47:43.320 --> 01:47:45.320]  and the person dies.
[01:47:45.320 --> 01:47:47.320]  And then MERS,
[01:47:47.320 --> 01:47:49.320]  who claims to be the agent
[01:47:49.320 --> 01:47:54.320]  for the lender
[01:47:54.320 --> 01:47:59.320]  and the lender's successors and assigns
[01:47:59.320 --> 01:48:03.320]  four or five years after the lender dies,
[01:48:03.320 --> 01:48:07.320]  comes along and transfers the lender's asset
[01:48:07.320 --> 01:48:10.320]  to a third party by way of a filing of an assignment
[01:48:10.320 --> 01:48:12.320]  in the public record.
[01:48:12.320 --> 01:48:16.320]  Well, the problem with agency,
[01:48:16.320 --> 01:48:20.320]  I think they called themselves a nominee
[01:48:20.320 --> 01:48:26.320]  because they didn't want to call themselves an agent.
[01:48:26.320 --> 01:48:30.320]  And the reason is they didn't want us to realize
[01:48:30.320 --> 01:48:33.320]  that they were an agent for the lender
[01:48:33.320 --> 01:48:38.320]  because when the principal dies,
[01:48:38.320 --> 01:48:41.320]  the agency contracts ceases.
[01:48:41.320 --> 01:48:45.320]  Agency does not survive the principal.
[01:48:45.320 --> 01:48:48.320]  So here we've got MERS,
[01:48:48.320 --> 01:48:51.320]  five years after the principal died,
[01:48:51.320 --> 01:48:54.320]  still trying to act as the agent
[01:48:54.320 --> 01:48:56.320]  and taking this principal's asset
[01:48:56.320 --> 01:48:59.320]  and transferred to someone else.
[01:48:59.320 --> 01:49:03.320]  John, that is the first thing you want to look for.
[01:49:03.320 --> 01:49:07.320]  Who assigned what to whom?
[01:49:07.320 --> 01:49:09.320]  And when?
[01:49:09.320 --> 01:49:12.320]  First thing you look at is the original lender
[01:49:12.320 --> 01:49:14.320]  still in business.
[01:49:14.320 --> 01:49:17.320]  Did the original lender go out of business
[01:49:17.320 --> 01:49:20.320]  before an assignment was made?
[01:49:20.320 --> 01:49:24.320]  Okay, if the original lender's still in business,
[01:49:24.320 --> 01:49:29.320]  then you want to go look at securitization.
[01:49:29.320 --> 01:49:33.320]  When MERS stepped up as the agent
[01:49:33.320 --> 01:49:37.320]  for the original lender,
[01:49:37.320 --> 01:49:43.320]  did the original lender still hold the asset?
[01:49:43.320 --> 01:49:46.320]  Or did the asset belong to someone else
[01:49:46.320 --> 01:49:50.320]  who had not been revealed to the lender
[01:49:50.320 --> 01:49:54.320]  by a filing under the real estate settlement...
[01:49:54.320 --> 01:49:57.320]  who had not been revealed to the borrower
[01:49:57.320 --> 01:50:02.320]  by a filing under the real estate settlement procedures act?
[01:50:02.320 --> 01:50:05.320]  Now, we're not saying here
[01:50:05.320 --> 01:50:10.320]  that the holder of the mortgage does not have...
[01:50:10.320 --> 01:50:13.320]  sorry, the holder of the note
[01:50:13.320 --> 01:50:16.320]  does not have a claim.
[01:50:16.320 --> 01:50:20.320]  What we're saying here is that
[01:50:20.320 --> 01:50:25.320]  by violating the cannons of the deed of trust
[01:50:25.320 --> 01:50:27.320]  or the mortgage,
[01:50:27.320 --> 01:50:31.320]  the mortgage does kind of a duplicitous term
[01:50:31.320 --> 01:50:34.320]  because it's used in several different ways.
[01:50:34.320 --> 01:50:38.320]  In a non-judicial state,
[01:50:38.320 --> 01:50:41.320]  when a mortgage is issued,
[01:50:41.320 --> 01:50:45.320]  the borrower issues a deed of trust
[01:50:45.320 --> 01:50:49.320]  toward the benefit of the lender.
[01:50:49.320 --> 01:50:54.320]  And he grants the lender a claim against the property
[01:50:54.320 --> 01:50:57.320]  in the form of legal title.
[01:50:57.320 --> 01:51:00.320]  And he also grants the lender
[01:51:00.320 --> 01:51:05.320]  a confessed judgment against the property.
[01:51:05.320 --> 01:51:09.320]  So they don't have to go to court, they can just fall close.
[01:51:09.320 --> 01:51:14.320]  In a judicial state, when you issue a mortgage,
[01:51:14.320 --> 01:51:19.320]  the property is transferred to the lender.
[01:51:19.320 --> 01:51:22.320]  And the document that transfers
[01:51:22.320 --> 01:51:26.320]  the property to the lender is called a mortgage document.
[01:51:26.320 --> 01:51:30.320]  So in a mortgage, there is a mortgage document
[01:51:30.320 --> 01:51:33.320]  and a note.
[01:51:33.320 --> 01:51:34.320]  Those are two separate documents.
[01:51:34.320 --> 01:51:38.320]  The mortgage establishes the claim against the property.
[01:51:38.320 --> 01:51:40.320]  And what we're saying here is,
[01:51:40.320 --> 01:51:44.320]  is that mortgage has cannons.
[01:51:44.320 --> 01:51:46.320]  And one of the cannons is,
[01:51:46.320 --> 01:51:50.320]  is that both parties will abide by all relevant law.
[01:51:50.320 --> 01:51:55.320]  It's generally 14,
[01:51:55.320 --> 01:52:00.320]  if it's a FHA loan, it's generally 15.
[01:52:00.320 --> 01:52:04.320]  So if the lender failed to abide
[01:52:04.320 --> 01:52:06.320]  by real estate settlement procedures act,
[01:52:06.320 --> 01:52:11.320]  they breached the canon of the claim against the property
[01:52:11.320 --> 01:52:17.320]  and we maintain that they rendered the claim void
[01:52:17.320 --> 01:52:21.320]  by failing to give the proper notice.
[01:52:21.320 --> 01:52:24.320]  If the lender died first, then you file,
[01:52:24.320 --> 01:52:26.320]  then you find an assignment.
[01:52:26.320 --> 01:52:28.320]  You want to go for that assignment
[01:52:28.320 --> 01:52:31.320]  and say, you don't want to say
[01:52:31.320 --> 01:52:33.320]  that the assignment is void
[01:52:33.320 --> 01:52:38.320]  because the lender did not hold
[01:52:38.320 --> 01:52:40.320]  the property when they assigned it.
[01:52:40.320 --> 01:52:42.320]  Wrong question.
[01:52:42.320 --> 01:52:45.320]  You don't care if they held it or not.
[01:52:45.320 --> 01:52:51.320]  Did MERS have the legal capacity
[01:52:51.320 --> 01:52:53.320]  to act for the agent?
[01:52:53.320 --> 01:52:56.320]  Was the mortgage company still in business?
[01:52:56.320 --> 01:52:59.320]  If it wasn't, you maintain that MERS
[01:52:59.320 --> 01:53:05.320]  could not be an agent for the lender
[01:53:05.320 --> 01:53:07.320]  because the lender didn't exist anymore
[01:53:07.320 --> 01:53:11.320]  and the agency does not survive the death of the lender.
[01:53:11.320 --> 01:53:13.320]  And they're going to come back and say,
[01:53:13.320 --> 01:53:16.320]  well, the lender was no longer the holder,
[01:53:16.320 --> 01:53:19.320]  not interested in who the holder is.
[01:53:19.320 --> 01:53:23.320]  I'm interested in who holds
[01:53:23.320 --> 01:53:26.320]  the beneficial interest
[01:53:26.320 --> 01:53:29.320]  or the holds the claim to the mortgage
[01:53:29.320 --> 01:53:33.320]  by way of the public record
[01:53:33.320 --> 01:53:35.320]  because if you hold it
[01:53:35.320 --> 01:53:38.320]  and you haven't filed the evidence of your status
[01:53:38.320 --> 01:53:40.320]  with the county recorder,
[01:53:40.320 --> 01:53:43.320]  you can wipe your behind with your claim.
[01:53:43.320 --> 01:53:48.320]  It is void as to the holder.
[01:53:48.320 --> 01:53:54.320]  So we want to first render the deed of trust
[01:53:54.320 --> 01:53:58.320]  or the mortgage document void
[01:53:58.320 --> 01:54:04.320]  because the lender either violated a canon of the contract
[01:54:04.320 --> 01:54:06.320]  or they failed to properly file their claim
[01:54:06.320 --> 01:54:08.320]  with the county recorder.
[01:54:08.320 --> 01:54:12.320]  And we do that with declaratory judgment.
[01:54:12.320 --> 01:54:15.320]  We don't want to touch the note yet
[01:54:15.320 --> 01:54:18.320]  because we're not trying to take any money
[01:54:18.320 --> 01:54:22.320]  away from the whoever holds the beneficial interest.
[01:54:22.320 --> 01:54:25.320]  We're just saying that they've reached the cans of the contract.
[01:54:25.320 --> 01:54:29.320]  They cannot now come and claim the privileges
[01:54:29.320 --> 01:54:32.320]  that are contained in the contract
[01:54:32.320 --> 01:54:40.320]  and move the court to rule that this assignment is void
[01:54:40.320 --> 01:54:44.320]  because it was not filed in accordance with the rules.
[01:54:44.320 --> 01:54:48.320]  You were merely filing a declaratory judgment
[01:54:48.320 --> 01:54:51.320]  for the purpose of correcting
[01:54:51.320 --> 01:54:55.320]  and improper filing in the public record.
[01:54:55.320 --> 01:54:57.320]  That's a noble thing.
[01:54:57.320 --> 01:55:01.320]  You're not saying somebody doesn't get paid his money.
[01:55:01.320 --> 01:55:06.320]  You're just saying that this document was improperly filed.
[01:55:06.320 --> 01:55:09.320]  But if you get a positive ruling on that,
[01:55:09.320 --> 01:55:12.320]  the holds house of cards crumbles
[01:55:12.320 --> 01:55:16.320]  because now the holder of the note
[01:55:16.320 --> 01:55:22.320]  holds an unsecured mortgage or an unsecured loan
[01:55:22.320 --> 01:55:27.320]  because now the mortgage that secured the loan is trashed.
[01:55:27.320 --> 01:55:30.320]  It's a lot easier to get your ruling
[01:55:30.320 --> 01:55:32.320]  in a declaratory judgment suit
[01:55:32.320 --> 01:55:38.320]  because you're asking the court to rule very finely on point of law.
[01:55:38.320 --> 01:55:40.320]  You hear these judges say,
[01:55:40.320 --> 01:55:42.320]  I'm going to give somebody a free house.
[01:55:42.320 --> 01:55:47.320]  Well, free house, not free house, has nothing to do with this.
[01:55:47.320 --> 01:55:53.320]  Is the filing correct in accordance with the statutory filing requirements
[01:55:53.320 --> 01:55:57.320]  or is it not simply enough straightforward?
[01:55:57.320 --> 01:55:59.320]  Does that sound easy enough, John?
[01:55:59.320 --> 01:56:01.320]  Yes, it does.
[01:56:01.320 --> 01:56:05.320]  Now, my understanding, tell me if I'm right or wrong,
[01:56:05.320 --> 01:56:08.320]  the court to upheld in this country,
[01:56:08.320 --> 01:56:12.320]  many courts have upheld that MERS is never a nominee
[01:56:12.320 --> 01:56:15.320]  and never an agent, therefore never an agent.
[01:56:15.320 --> 01:56:17.320]  No.
[01:56:17.320 --> 01:56:19.320]  Not exactly that.
[01:56:19.320 --> 01:56:24.320]  They're saying that MERS was never a holder.
[01:56:24.320 --> 01:56:27.320]  They're not saying they were never an agent for the lender
[01:56:27.320 --> 01:56:30.320]  because they clearly were.
[01:56:30.320 --> 01:56:37.320]  But a lot of these mortgages claim that the property was transferred to MERS.
[01:56:37.320 --> 01:56:39.320]  Let me explain how this works.
[01:56:39.320 --> 01:56:47.320]  I think whoever wrote the verbiage for these Fannie Mae
[01:56:47.320 --> 01:56:52.320]  standard form Deeds of Trust was high on coke
[01:56:52.320 --> 01:56:59.320]  because the first section of the Mortgager Deed of Trust are definitions.
[01:56:59.320 --> 01:57:08.320]  The first paragraph of the contract is where the property is transferred either to the lender in a mortgage
[01:57:08.320 --> 01:57:12.320]  or to the trustee in a Deed of Trust.
[01:57:12.320 --> 01:57:18.320]  The only thing that's transferred in a Deed of Trust, like in Texas,
[01:57:18.320 --> 01:57:22.320]  a lender is forbidden to transfer the property to the lender.
[01:57:22.320 --> 01:57:25.320]  They can only transfer legal title.
[01:57:25.320 --> 01:57:31.320]  The beneficial title stays with the mortgage, I mean with the lender.
[01:57:31.320 --> 01:57:34.320]  The lender holds it in the first place.
[01:57:34.320 --> 01:57:39.320]  That's the guy who collects on the note.
[01:57:39.320 --> 01:57:45.320]  But legal title is transferred to the trustee.
[01:57:45.320 --> 01:57:46.320]  Excuse me.
[01:57:46.320 --> 01:57:50.320]  It's trustee so that the trustee can sell the property in case of an default.
[01:57:50.320 --> 01:58:02.320]  The second paragraph says you understand that MERS does not hold beneficial interest
[01:58:02.320 --> 01:58:06.320]  but merely holds legal title.
[01:58:06.320 --> 01:58:08.320]  Well duh!
[01:58:08.320 --> 01:58:13.320]  If MERS holds legal title, MERS is an agent for the lender.
[01:58:13.320 --> 01:58:16.320]  This is a mortgage, not a Deed of Trust.
[01:58:16.320 --> 01:58:20.320]  So what does MERS hold?
[01:58:20.320 --> 01:58:25.320]  And in some documents, in the definitions section,
[01:58:25.320 --> 01:58:31.320]  it defines MERS as the lender, as the holder of beneficial interest.
[01:58:31.320 --> 01:58:35.320]  And of course you said no, MERS never held a beneficial interest.
[01:58:35.320 --> 01:58:38.320]  It didn't say they weren't the agent for the lender.
[01:58:38.320 --> 01:58:39.320]  Did that make sense?
[01:58:39.320 --> 01:58:41.320]  Well hold on, don't have time.
[01:58:41.320 --> 01:58:46.320]  I'm going to break Randy Kalk from Real Love Radio. We'll be right back.
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