[00:00.000 --> 00:10.000]  You're listening to the Liberty Beat. Your daily source for Liberty news and activist updates.
[00:10.000 --> 00:15.000]  Online at The Liberty Beat dot com.
[00:15.000 --> 00:20.000]  Don Bush here with your Liberty Beat for Thursday, August 29th, 2013.
[00:20.000 --> 00:25.000]  Gold opened today at fourteen hundred and nine dollars. Silver at twenty four dollars and twenty cents.
[00:25.000 --> 00:30.000]  And Bitcoin is trading at one hundred and eighteen dollars and seventy three cents.
[00:30.000 --> 00:32.000]  Support for the Liberty Beat comes from Brave New Books.
[00:32.000 --> 00:36.000]  Austin's only brick and mortar store carrying painting tangerine 2.0.
[00:36.000 --> 00:38.000]  Online at BraveNewBookstore.com.
[00:38.000 --> 00:45.000]  And from the first annual Parents for Liberty Alternative Education Conference, October 12th on UT campus.
[00:45.000 --> 00:50.000]  Speakers include Dr. Lawrence Reed, Michael Strong, Dr. Mary Ruart, and John Bush.
[00:50.000 --> 00:53.000]  Information at ParentsForLiberty.org.
[00:53.000 --> 00:55.000]  And now the news.
[00:55.000 --> 01:05.000]  Despite President Obama's declaration on Wednesday that he was certain the Syrian government was responsible for the August 21st chemical attacks in Syria, intelligence officials are not as confident.
[01:05.000 --> 01:10.000]  The Office of the Director for National Intelligence released a report detailing gaps in the U.S. intelligence.
[01:10.000 --> 01:15.000]  Congressional committees are expected to be briefed on evidence by conference call on Thursday.
[01:15.000 --> 01:21.000]  So far, intelligence officials have not been able to locate the exact location of Assad's supposed chemical weapons supply.
[01:21.000 --> 01:27.000]  The United States is not the only official body having trouble finding hard evidence linking the Syrian government to the use of chemical weapons.
[01:27.000 --> 01:35.000]  Bashar Jafar, a Syrian ambassador to the United Nations, stated that the rebels used weapons that they were able to produce with the help of outside powers.
[01:35.000 --> 01:48.000]  The British Parliament will hold a vote Thursday on a motion that would eliminate the possibility of launching an attack until the U.N. weapons inspectors publish their findings to the U.N. Security Council.
[01:48.000 --> 01:59.000]  Liberty activist John Bush was found not guilty yesterday in his trial stemming from a 2010 arrest on UT campus after he refused to go to the free speech zone while President Barack Obama was in town.
[01:59.000 --> 02:13.000]  Trial lasted from 9 a.m. to 4 30 p.m. and ended when Judge Herb Evans directed the jury to deliver a not guilty verdict after it became clear that the prosecution did not have any evidence showing that an order was actually given by UT police.
[02:13.000 --> 02:23.000]  The state of Texas made a fatal mistake when last year they reduced the charges from Class B misdemeanor criminal trespass to Class C misdemeanor willful failure to obey the lawful order of an officer.
[02:23.000 --> 02:28.000]  John refused three years worth of plea deals which led the state to reduce their charges.
[02:28.000 --> 02:37.000]  John believes he has been vindicated and is encouraging others, especially when there is minimal risk to one's freedom, to refuse to take the plea deal and stand on their convictions.
[02:37.000 --> 02:44.000]  Video of the trial will soon be available at TheLibertyBeat.com.
[02:44.000 --> 02:54.000]  On Wednesday, a military jury sentenced a U.S. Army psychiatrist to death for the 2009 shootings at Fort Hood, Texas that killed 13 people and wounded 31 others.
[02:54.000 --> 03:08.000]  Major Nadal Hassan has stated that he committed the crimes in retaliation for the United States wars in the Muslim world.
[03:25.000 --> 03:32.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.000 --> 03:38.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.000 --> 03:43.000]  When you were eight and you had bad traits, you'd go to school and learn the golden rule.
[03:43.000 --> 03:49.000]  So why are you acting like a bloody fool? If you get hot then you must get cool.
[03:49.000 --> 04:08.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:08.000 --> 04:11.000]  You chuck it on your mother, and you chuck it on your father. You chuck it on your brother, and you chuck it on your sister. You chuck it on that one, and you chuck it on me.
[04:11.000 --> 04:16.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:16.000 --> 04:18.000]  Bad boys, bad boys.
[04:18.000 --> 04:19.760]  Good evening.
[04:19.760 --> 04:23.040]  I'd like to welcome everybody to tonight's show.
[04:23.040 --> 04:26.640]  This is Joe Esquivel with Randy Kelm, Deborah Stevens
[04:26.640 --> 04:29.520]  on Rule of Law Radio.
[04:29.520 --> 04:32.600]  And tonight, for the first two hours,
[04:32.600 --> 04:36.480]  we're going to be going over foreclosure issues.
[04:36.480 --> 04:39.600]  And we have one incident today where
[04:39.600 --> 04:43.640]  I was talking to a particular gentleman from the state
[04:43.640 --> 04:45.440]  of New Mexico.
[04:45.440 --> 04:48.200]  We've got a number of cases out there
[04:48.200 --> 04:52.920]  where the judges are actually starting to get it.
[04:52.920 --> 04:56.360]  Now, I know that last couple of weeks I've been talking about
[04:56.360 --> 05:01.120]  parties come to the table that don't have standing.
[05:01.120 --> 05:06.400]  But the main issue that I've seen from the get-go
[05:06.400 --> 05:09.840]  is getting proper argument.
[05:09.840 --> 05:16.880]  Getting the proper judge to have an understanding
[05:16.880 --> 05:18.320]  as to what's going on out there.
[05:21.080 --> 05:24.640]  The arguments that we're talking about in these same cases
[05:24.640 --> 05:29.440]  all pertain to acquiring rights because it's not
[05:29.440 --> 05:31.880]  about ownership.
[05:31.880 --> 05:35.840]  Even though the banks come forth and they say,
[05:35.840 --> 05:43.720]  I own the original wedding signature note.
[05:43.720 --> 05:46.400]  I'm the owner.
[05:46.400 --> 05:48.800]  I can enforce it.
[05:48.800 --> 05:52.320]  I'm going to foreclose.
[05:52.320 --> 05:54.720]  That's not it.
[05:54.720 --> 05:57.360]  That's not it at all.
[05:57.360 --> 06:00.440]  This all goes back to title.
[06:00.440 --> 06:06.560]  If one were to go to Nemo Dat, which is a legal maximum
[06:06.560 --> 06:13.160]  of law, which literally means one cannot sell
[06:13.160 --> 06:16.800]  what one does not own.
[06:16.800 --> 06:21.760]  However, even a thief in the night attempts to steal.
[06:21.760 --> 06:23.880]  And the thieves today are the banks.
[06:23.880 --> 06:30.400]  Hundreds of sales are done every day on many courthouse steps.
[06:30.400 --> 06:38.800]  And many of the participants are just there
[06:38.800 --> 06:45.000]  because it is a presumption that they're the proper party.
[06:45.000 --> 06:48.560]  Now, in all of the 50 states that we have,
[06:48.560 --> 06:52.200]  there's requirements for parties to have
[06:52.200 --> 06:58.280]  requirements for parties bidding on properties
[06:58.280 --> 07:00.880]  that are in foreclosure.
[07:00.880 --> 07:05.960]  And I know I've heard time and time again that so-and-so is
[07:05.960 --> 07:09.880]  coming forth with a credit bid.
[07:09.880 --> 07:14.680]  And many times the participants that are coming forth
[07:14.680 --> 07:24.600]  have names like Fannie Mae, Freddie Mac, Ginny Mae.
[07:24.600 --> 07:27.160]  And one of these parties, let's just use Fannie Mae,
[07:27.160 --> 07:28.480]  for example, comes forth.
[07:31.360 --> 07:42.520]  And Fannie Mae puts a credit bid in of $320,000.
[07:42.520 --> 07:46.840]  So the trustee doing the sale says,
[07:46.840 --> 07:53.480]  Fannie Mae has a credit bid in of $315,000.
[07:53.480 --> 07:59.080]  However, the buyers that are in that auction, a number of you
[07:59.080 --> 08:01.240]  have done your homework.
[08:01.240 --> 08:04.680]  And you know that that property in that area
[08:04.680 --> 08:07.280]  they're talking about, the average home is going for about
[08:07.280 --> 08:12.280]  a buck and a half, $150,000.
[08:12.280 --> 08:18.320]  So why would you bid this ridiculous price?
[08:18.320 --> 08:21.200]  You don't.
[08:21.200 --> 08:27.000]  So with no one bidding against the property,
[08:27.000 --> 08:31.560]  the trustee says, property has been sold with a credit bid
[08:31.560 --> 08:34.480]  to Fannie Mae.
[08:34.480 --> 08:39.600]  However, if we were to take a closer look at this,
[08:39.600 --> 08:43.680]  it leaves me just perplexed as to why somebody isn't screaming
[08:43.680 --> 08:49.440]  out to the trustees doing the sale, stop.
[08:49.440 --> 08:52.360]  This is wrong.
[08:52.360 --> 08:55.720]  In order to put forth a credit bid,
[08:55.720 --> 09:02.080]  you must be the proper beneficiary or a mortgagee.
[09:02.080 --> 09:08.880]  So that means that your name must be into public record.
[09:08.880 --> 09:13.240]  I don't see Fannie Mae's name in public record.
[09:13.240 --> 09:16.200]  I don't see Freddie Mac name into public record.
[09:19.000 --> 09:21.480]  And the documents that are produced
[09:21.480 --> 09:25.800]  in these judicial states, or if there's a complaint
[09:25.800 --> 09:32.440]  and one gives evidence of debt, the name Fannie Mae is not
[09:32.440 --> 09:34.120]  on the payee line.
[09:34.120 --> 09:37.400]  Freddie Mac is not on the payee line.
[09:37.400 --> 09:39.360]  And yet, they're allowed to give a credit bid.
[09:39.360 --> 09:44.400]  Everyone else has to put up a $10,000 cash, cashier's check
[09:44.400 --> 09:46.320]  or have cash in hand.
[09:46.320 --> 09:48.400]  And then they have 72 hours to come up
[09:48.400 --> 09:50.800]  with the balance in certified funds.
[09:54.960 --> 10:00.160]  Now, how does this partner that is given this house,
[10:00.160 --> 10:04.680]  how are they able to purchase this home from the trustee
[10:04.680 --> 10:09.000]  doing the sale when they're not a properly named party named
[10:09.000 --> 10:11.880]  into public record?
[10:11.880 --> 10:16.880]  And it was the intent of the land records in the registries
[10:16.880 --> 10:21.040]  that that is how these records are used.
[10:21.040 --> 10:25.480]  If we go back hundreds of years, go back into King John,
[10:25.480 --> 10:29.560]  go back into before America was in place,
[10:29.560 --> 10:33.680]  because that's where we took a lot of these laws.
[10:33.680 --> 10:38.520]  The records were kept at the registrar,
[10:38.520 --> 10:41.920]  and then we have our county records,
[10:41.920 --> 10:43.760]  because when taxes need to be paid,
[10:43.760 --> 10:45.880]  they need to go to the proper owner of title.
[10:49.000 --> 10:51.960]  This is why when a contractor works on your house
[10:51.960 --> 10:55.200]  and you don't pay, he files a mechanics lien
[10:55.200 --> 10:59.040]  against the property owner that's
[10:59.040 --> 11:00.440]  listed in public record.
[11:00.440 --> 11:05.440]  And yet, we have Fannie Mae making a credit bid or a debt.
[11:10.800 --> 11:14.480]  Who is Fannie Mae paying value to,
[11:14.480 --> 11:16.320]  and how are they paying value?
[11:19.800 --> 11:24.560]  They're claiming an interest of this John Doe mortgage loan.
[11:25.640 --> 11:27.840]  Again, they're claiming an interest
[11:27.840 --> 11:31.240]  in this John Doe mortgage loan.
[11:31.240 --> 11:37.080]  But now, many times, there's more than one party.
[11:37.080 --> 11:41.880]  If one were to look into public record,
[11:41.880 --> 11:44.120]  one would see that the majority of the time
[11:44.120 --> 11:48.120]  that an assignment is made, and the assignment
[11:48.120 --> 11:55.720]  is made to the servicer that is servicing
[11:55.720 --> 12:00.240]  the loan for John Doe.
[12:00.240 --> 12:02.240]  The assignment wasn't made to Freddie Mac.
[12:02.240 --> 12:04.720]  The assignment wasn't made to Fannie Mae.
[12:08.600 --> 12:12.840]  So with that being said, now we've
[12:12.840 --> 12:15.080]  got someone claiming an interest.
[12:15.080 --> 12:17.160]  Merce is claiming an interest.
[12:17.160 --> 12:19.880]  Their name is on it.
[12:19.880 --> 12:22.720]  The party that it was assigned to, Bank of America,
[12:22.720 --> 12:27.680]  Countrywide, Wells Fargo, Nation Star, whomever,
[12:27.680 --> 12:33.760]  they're claiming an interest of this mortgage loan instrument.
[12:33.760 --> 12:38.000]  Fannie Mae is claiming an interest of this mortgage loan
[12:38.000 --> 12:40.920]  instrument.
[12:40.920 --> 12:45.600]  So with all of these parties, each claiming
[12:45.600 --> 12:50.160]  to have an interest or a partial interest
[12:50.160 --> 12:53.000]  of this mortgage loan instrument,
[12:53.000 --> 12:54.920]  there can be no holder in due course.
[12:57.640 --> 13:06.280]  But until we start raising our voices and going forth
[13:06.280 --> 13:14.000]  and holding that trustee to its fiduciary responsibilities,
[13:14.000 --> 13:16.800]  that's what we need to do.
[13:16.800 --> 13:19.680]  The trustee has a fiduciary responsibility
[13:19.680 --> 13:27.000]  to collect the money, to get value and consideration.
[13:27.000 --> 13:29.480]  But how does one give value and consideration
[13:29.480 --> 13:33.360]  when you're not listed into public record,
[13:33.360 --> 13:41.480]  you're not listed on the debt instrument, and yet you say,
[13:41.480 --> 13:44.600]  I'm the secured party?
[13:44.600 --> 13:47.680]  And this happens hundreds and thousands
[13:47.680 --> 13:49.760]  of times every single day.
[13:55.880 --> 14:00.000]  An assignment, the whole purpose of an assignment
[14:00.000 --> 14:07.320]  was to memorialize the sale of the tangible promissory note.
[14:07.320 --> 14:09.120]  It does not cause the sale.
[14:13.640 --> 14:15.240]  The whole purpose of the assignment
[14:15.240 --> 14:19.000]  is that they are looking to create an instrument
[14:19.000 --> 14:22.560]  to tie everything together.
[14:22.560 --> 14:26.520]  Because these documents have been destroyed and shredded
[14:26.520 --> 14:31.640]  once copies were made, and once Humpty Dumpty fell off
[14:31.640 --> 14:34.160]  the wall, Humpty Dumpty couldn't be put back together again.
[14:34.160 --> 14:37.840]  So they're trying to superglue all these pieces.
[14:37.840 --> 14:40.280]  The reason for the robociders was
[14:40.280 --> 14:45.000]  that they needed a way to bring the documents
[14:45.000 --> 14:45.480]  together.
[14:48.760 --> 14:51.880]  They needed a way to make that instrument whole again.
[14:56.080 --> 15:01.280]  So unless we start questioning these sales,
[15:01.280 --> 15:04.280]  this is just going to continue.
[15:04.280 --> 15:08.920]  More and more homes are going to be taken.
[15:08.920 --> 15:14.920]  And when we look at the amount that Fannie Mae claims,
[15:14.920 --> 15:17.320]  they're throwing in all of the late fees.
[15:17.320 --> 15:20.320]  They're putting in all of the servicing fees.
[15:20.320 --> 15:24.760]  They're throwing up all over the place thousands and thousands
[15:24.760 --> 15:28.240]  of needless fees.
[15:28.240 --> 15:28.720]  Why?
[15:28.720 --> 15:30.240]  Because they're just binary digits.
[15:33.000 --> 15:36.680]  Not only are they not going to collect on this,
[15:36.680 --> 15:41.240]  they're going to write the entire dollar mark off.
[15:41.240 --> 15:45.680]  But now comes a bigger question.
[15:45.680 --> 15:50.440]  How is Fannie Mae going to now sell this property again
[15:50.440 --> 16:01.040]  to some unsuspecting party and issue brand new fresh title?
[16:03.880 --> 16:04.720]  It's an illusion.
[16:04.720 --> 16:09.200]  And this illusion is being waved in front of us.
[16:09.200 --> 16:12.000]  And our eyes are looking at one thing.
[16:12.000 --> 16:14.120]  And they're in the back doing something else.
[16:17.120 --> 16:20.160]  This is where we need to take a stand and say,
[16:20.160 --> 16:21.800]  what the heck is going on?
[16:25.800 --> 16:29.120]  We need just to put a halt to it.
[16:29.120 --> 16:31.320]  And I'll go into that a little bit.
[16:31.320 --> 16:32.720]  We've got to break it down.
[16:32.720 --> 16:36.640]  A little bit, we've got a break coming up.
[16:36.640 --> 16:41.800]  So we'll be taking calls in the second hour.
[16:41.800 --> 16:47.040]  This is Joe Esquivel with Randy Clayton, Deborah Stevens,
[16:47.040 --> 16:48.960]  Rule of Law Radio.
[16:48.960 --> 16:56.120]  Our phone number for taking calls is 512-646.
[16:56.120 --> 16:57.120]  We'll be back in a few.
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[19:00.440 --> 19:04.440]  You are listening to the Logos Radio Network.
[19:04.440 --> 19:32.440]  Logosradio.com
[19:32.440 --> 19:36.440]  Hello, this is Joe Esquivel
[19:36.440 --> 19:39.440]  with Randy Kelton and Debra Stevens.
[19:39.440 --> 19:42.440]  And I am going to give you the correct number.
[19:42.440 --> 19:45.440]  That was an incorrect number on my part.
[19:45.440 --> 19:49.440]  The correct number that we're going to answer later on tonight is
[19:49.440 --> 19:58.440]  area code 512-646-1984.
[19:58.440 --> 20:04.440]  And today, folks, is August 30, 2013.
[20:04.440 --> 20:08.440]  And right now we're talking about sales,
[20:08.440 --> 20:11.440]  sales on the courthouse steps
[20:11.440 --> 20:16.440]  and how the banks are getting away with it.
[20:16.440 --> 20:26.440]  Now, I've seen a number of sales get stopped at the courthouse steps.
[20:26.440 --> 20:32.440]  Again, it's going to take someone with some gumption to stand up.
[20:32.440 --> 20:43.440]  We're going to have to file complaints against the parties that are committing the wrongs.
[20:43.440 --> 20:51.440]  Now, the documents that are being sent to the homeowners are pieces of paper.
[20:51.440 --> 20:58.440]  And the verbiage on many of those documents is inaccurate.
[20:58.440 --> 21:02.440]  When we look at the assignments
[21:02.440 --> 21:07.440]  that were done for these properties that were put at some of these sales,
[21:07.440 --> 21:11.440]  if one were to look close at the assignments,
[21:11.440 --> 21:15.440]  one of the first questions that one should ask is,
[21:15.440 --> 21:20.440]  is it a document eligible to be recorded?
[21:20.440 --> 21:32.440]  Because if the purpose of that document was to memorialize the sale of a tangible promissory note,
[21:32.440 --> 21:41.440]  okay, but it did not cause the sale of that note,
[21:41.440 --> 21:48.440]  then the first thing I'm going to look at it is who are the parties? Who is the assigner? Who is the assignee?
[21:48.440 --> 21:56.440]  If MERS was involved, that just adds another name that's in the fire.
[21:56.440 --> 22:08.440]  Because the whole point of acquiring rights is that your note is a tangible, negotiable instrument.
[22:08.440 --> 22:16.440]  And if we view the note as a tangible, negotiable instrument, there are certain procedures that we need to follow.
[22:16.440 --> 22:22.440]  There are certain rules that we need to follow.
[22:22.440 --> 22:29.440]  And the reason is that the whole purpose is doing commerce, it's trading, it's selling, it's negotiating.
[22:29.440 --> 22:33.440]  And we're talking trillions of dollars that are done every day.
[22:33.440 --> 22:39.440]  So there must be a unified manner in which to conduct business.
[22:39.440 --> 22:49.440]  Now, each of the 50 states has their own version of the Uniform Commercial Code or its equivalents.
[22:49.440 --> 22:53.440]  Again, we have a few states out there that are a little different.
[22:53.440 --> 23:01.440]  If you're in State New York, you're using the 1961 version of the Uniform Commercial Code.
[23:01.440 --> 23:07.440]  And if you're in Louisiana, you're using Neoplonic.
[23:07.440 --> 23:13.440]  But for the most part, the verbiage is very similar.
[23:13.440 --> 23:22.440]  So when we talk about acquiring rights, we have many different parties coming to the party.
[23:22.440 --> 23:33.440]  However, in order for one to be a PEAT, person, entitled to, and force, certain criteria must be met.
[23:33.440 --> 23:37.440]  If one were to take Texas, for example.
[23:37.440 --> 23:45.440]  All right, now for Texas, we would go to the Texas Business and Commerce Code.
[23:45.440 --> 23:50.440]  And it'd be under Chapter 3, Negotiable Instruments.
[23:50.440 --> 23:56.440]  And it's stated in there, transfer of instrument, rights acquired.
[23:56.440 --> 24:01.440]  It's telling you what is to be done within that statute.
[24:01.440 --> 24:06.440]  Within the entire Uniform Commercial Code, for the state of Texas,
[24:06.440 --> 24:13.440]  there's only one statute that pertains to acquiring rights.
[24:13.440 --> 24:26.440]  If we go to 3203A, it says an instrument is transferred when it is delivered by a person
[24:26.440 --> 24:39.440]  other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.
[24:39.440 --> 24:43.440]  Now, that's very powerful.
[24:43.440 --> 24:49.440]  And this is many times what the banks come forth with.
[24:49.440 --> 24:52.440]  They use 3203A.
[24:52.440 --> 25:02.440]  However, 3203A defines what is to be done.
[25:02.440 --> 25:12.440]  Sections B, C, and D place restrictions on what is to be done.
[25:12.440 --> 25:22.440]  Or if you're in another state, it could be instead of A, it would be 1, 2, 3, and 4.
[25:22.440 --> 25:30.440]  But it's very important because if we were to go down to Section B, 3203D,
[25:30.440 --> 25:43.440]  it states if a transfer purports to transfer less than the entire instrument, negotiation of the instrument does not occur.
[25:43.440 --> 25:52.440]  The transferee obtains no rights under this chapter and is only the rights of a partial assignee.
[25:52.440 --> 26:04.440]  So it's saying the transferee obtains no rights under this chapter.
[26:04.440 --> 26:10.440]  All right, so now let's do an example.
[26:10.440 --> 26:20.440]  If I were to have a dollar bill, that is negotiable instrument.
[26:20.440 --> 26:31.440]  Now, if we were to use, for example, the promissory note, it too is like your dollar bill.
[26:31.440 --> 26:45.440]  Now, if I take that dollar bill and I tear it in half and I give one half of it away, how valuable is that dollar bill?
[26:45.440 --> 26:52.440]  How valuable is that half?
[26:52.440 --> 26:59.440]  The correct answer is it's worthless.
[26:59.440 --> 27:08.440]  So if we were to look at the mortgage loan instrument, which is comprised of the tangible promissory note,
[27:08.440 --> 27:16.440]  if you're in Texas, it would be the deed of trust and the intangible payment obligation or the promise to pay.
[27:16.440 --> 27:24.440]  So these three items together comprise the entire mortgage loan instrument.
[27:24.440 --> 27:36.440]  So when it says if a transfer purports to transfer less than the entire instrument, negotiation of the instrument does not occur.
[27:36.440 --> 27:54.440]  So if the name party into public record does not match the name payee on the payee line of the tangible promissory note
[27:54.440 --> 28:08.440]  and is not the sole party with the sole interest of the payment tangible obligation, then one does not have the entire mortgage loan instrument.
[28:08.440 --> 28:21.440]  And there's a caveat, you must acquire it in a timely manner, in a timely manner.
[28:21.440 --> 28:37.440]  Because while there is a temporary perfection of a security interest pursuant to 9312, and it is a perfection of 20 days that is afforded any sale.
[28:37.440 --> 28:50.440]  However, by operation of law, on day 21, there is bifurcation between the tangible and the intangible.
[28:50.440 --> 29:00.440]  Again, you do have a temporary perfection. However, it is only for 20 days.
[29:00.440 --> 29:13.440]  So if one were to have the sale of the tangible promissory note, and one were to acquire the interest of the intangible payment obligation,
[29:13.440 --> 29:27.440]  however, that is all that was done, and the proper party did not acquire the interest of the security instrument.
[29:27.440 --> 29:36.440]  That security instrument was not attached, then by operation of law, we have an unsecured obligation.
[29:36.440 --> 29:46.440]  So we're going to pick this up when we come back from break. And this is Joe Esquivel, Randy Kelton, Deborah Stevens, Rule of Law Radio.
[29:46.440 --> 29:54.440]  I'm looking forward to get the calls later on tonight, in another hour and a half. So we'll talk to you on the flip side.
[29:54.440 --> 30:00.440]  Thank you very much. We'll talk to you in a bit.
[30:00.440 --> 30:06.440]  Remember that a man's name is to him the sweetest and most important sound in the English language.
[30:06.440 --> 30:10.440]  Scientific research proves Dale Carnegie's famous words are true.
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[30:44.440 --> 30:50.440]  Researchers at the State University of New York say the sound of your name could influence your life decisions.
[30:50.440 --> 30:57.440]  It's a phenomenon they call implicit egotism. People prefer places, things, and professions they associate with themselves.
[30:57.440 --> 31:04.440]  For example, there are disproportionately more people named Callie in California, and there are more Luises in St. Louis.
[31:04.440 --> 31:11.440]  It's not just because they're born there and given a related name. People also move there because of the name association preference.
[31:11.440 --> 31:18.440]  You might even choose a career based on your name. Dennis and Denise are overrepresented in the ranks of dentists.
[31:18.440 --> 31:24.440]  And if you're named Laura or Larry, you're statistically much more likely to become a lawyer.
[31:24.440 --> 31:30.440]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.440 --> 31:35.440]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:35.440 --> 31:42.440]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
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[31:53.440 --> 32:00.440]  I'm a father who lost his son. We're Americans, and we deserve the truth. Go to RememberBuilding7.org today.
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[33:00.440 --> 33:10.440]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:10.440 --> 33:38.440]  Hello, this is Joe Esquivel
[33:38.440 --> 33:44.440]  with Randy Kelton and Deborah Stevens on Rule of Law Radio.
[33:44.440 --> 33:51.440]  And we've been talking about the entire mortgage instrument.
[33:51.440 --> 33:58.440]  And this is very important and this is why I'm taking my time and I'm breaking it down
[33:58.440 --> 34:05.440]  because we need to eat this as if we were eating an elephant.
[34:05.440 --> 34:11.440]  And foreclosure is a huge elephant.
[34:11.440 --> 34:18.440]  So what we want to do is to eat this one bite at a time.
[34:18.440 --> 34:25.440]  So we were talking about the entire instrument, what comprises the entire instrument.
[34:25.440 --> 34:28.440]  All right, so let's go a little deeper now.
[34:28.440 --> 34:34.440]  So we know that the entire instrument is comprised of the tangible promissory note,
[34:34.440 --> 34:41.440]  your security instrument, which is an alternative contract for collection of payment,
[34:41.440 --> 34:47.440]  and your payment and tangible obligation, which is your promise to pay.
[34:47.440 --> 34:52.440]  Your promise to pay is the value.
[34:52.440 --> 34:56.440]  That is a legal description.
[34:56.440 --> 35:05.440]  That is what is bought and sold many, many times, day in and day out.
[35:05.440 --> 35:15.440]  Your tangible promissory note is just a piece of paper which evidences this legal debt.
[35:15.440 --> 35:26.440]  However, many times, when this intangible payment string is ripped out and sold,
[35:26.440 --> 35:29.440]  that is all that is sold.
[35:29.440 --> 35:34.440]  The entire instrument did not move with it.
[35:34.440 --> 35:36.440]  It wasn't important.
[35:36.440 --> 35:40.440]  They didn't need it.
[35:40.440 --> 35:47.440]  However, when that intangible payment obligation was ripped out of that note,
[35:47.440 --> 35:57.440]  it decreased the value of the security instrument because it was that debt
[35:57.440 --> 36:03.440]  that your security instrument attached itself to.
[36:03.440 --> 36:13.440]  So now with that debt being sold, what is your security instrument attached itself to?
[36:13.440 --> 36:17.440]  Nothing.
[36:17.440 --> 36:26.440]  If one goes back to Carpenter v. Logan, 1872, it is stated,
[36:26.440 --> 36:33.440]  the mortgage and note shall be construed as one instrument.
[36:33.440 --> 36:36.440]  The mortgage follows a note.
[36:36.440 --> 36:42.440]  The mortgage follows a properly secured note.
[36:42.440 --> 36:53.440]  The mortgage, meaning the security instrument, cannot follow a partial interest of the note.
[36:53.440 --> 36:59.440]  Even though everyone signs at closing their security instrument,
[36:59.440 --> 37:05.440]  when you were at closing, you got a stack of from 80 to 100 docs.
[37:05.440 --> 37:13.440]  And the person in front of you said, I've looked at these, and they look marvelous.
[37:13.440 --> 37:17.440]  And I'm here today to make your life easier.
[37:17.440 --> 37:22.440]  I've already looked at everything, and everything is fantastic.
[37:22.440 --> 37:28.440]  You just need to sign here, here, here, here, here, here, initial this, sign this, initial this.
[37:28.440 --> 37:34.440]  Don't worry about reading because it's just a bunch of gobbledygook.
[37:34.440 --> 37:40.440]  And the sheeple do exactly that. Why?
[37:40.440 --> 37:49.440]  Because they've been indoctrinated from day one to be sheeple.
[37:49.440 --> 37:55.440]  You're indoctrinated to taking that ratchet and you go back and forth every day.
[37:55.440 --> 37:57.440]  Why? Because you're told to.
[37:57.440 --> 38:01.440]  Do you know what it does when you're tightening this? No.
[38:01.440 --> 38:06.440]  It's told just to tighten it. I'm a sheeple.
[38:06.440 --> 38:14.440]  The ones that question, why am I tightening the ratchet?
[38:14.440 --> 38:24.440]  What is this not attached to if I don't tighten it?
[38:24.440 --> 38:29.440]  Those are the ones that are not sheeple.
[38:29.440 --> 38:34.440]  Those are the ones that have backbone.
[38:34.440 --> 38:40.440]  So when you're at closing and you're handed all of these documents and it's intimidating,
[38:40.440 --> 38:45.440]  and I've talked to lots and lots of attorneys,
[38:45.440 --> 38:53.440]  and I can tell you I've spoken to, I can't even tell you how many hundreds of attorneys,
[38:53.440 --> 39:02.440]  and not one of them has ever gone through and read every single document,
[39:02.440 --> 39:10.440]  even if it was for their own property, because they were under the presumption
[39:10.440 --> 39:17.440]  of everything that was in front of them someone else had looked at.
[39:17.440 --> 39:20.440]  And the person that put it together, well, he put it together,
[39:20.440 --> 39:27.440]  he figured somebody else that told him to put these documents together had looked at it.
[39:27.440 --> 39:32.440]  And if there was an innocence of consciousness on this homeowner
[39:32.440 --> 39:38.440]  that is placing all of their trust and their dreams that they've had,
[39:38.440 --> 39:43.440]  that everything is going to work itself out, that the numbers are correct,
[39:43.440 --> 39:51.440]  that they're not being taken for a ride, and everything is on the up and up.
[39:51.440 --> 39:57.440]  That could be nothing further from the truth.
[39:57.440 --> 40:00.440]  They did not look at the documents.
[40:00.440 --> 40:10.440]  And with not looking at the documents and reading them, they were misguided.
[40:10.440 --> 40:17.440]  If the homeowners were in a state that required them to have an attorney,
[40:17.440 --> 40:22.440]  that attorney has the judiciary responsibility to his client
[40:22.440 --> 40:30.440]  that is paying him a couple of thousand dollars to look at the documents.
[40:30.440 --> 40:33.440]  The homeowner is looking to the attorney and saying,
[40:33.440 --> 40:38.440]  listen, I am putting my future in your hands.
[40:38.440 --> 40:42.440]  Is this okay?
[40:42.440 --> 40:50.440]  And the attorney just looked at it and, oh, yes, I've looked at it. It looks fine to me.
[40:50.440 --> 40:54.440]  However, a great many of the time,
[40:54.440 --> 40:59.440]  many of the people are using Freddie Fannie multi-state documents,
[40:59.440 --> 41:04.440]  and they contain that Covenant 20 in there.
[41:04.440 --> 41:11.440]  And that Covenant 20, which brings up the issue of fraud and effectum,
[41:11.440 --> 41:16.440]  so they're not getting the correct education,
[41:16.440 --> 41:24.440]  the correct going over of their documents that these people have been entitled to.
[41:24.440 --> 41:30.440]  So when we go to negotiating the entire instrument,
[41:30.440 --> 41:37.440]  was the entire instrument negotiated correctly?
[41:37.440 --> 41:43.440]  Were the proper parties involved?
[41:43.440 --> 41:50.440]  Because many times there's fancy word crafting on the banks
[41:50.440 --> 41:57.440]  when they do produce one of these negotiable instruments and they wave it at you.
[41:57.440 --> 42:02.440]  And they get all excited and they're thumping their chest like they're the big gray gorilla.
[42:02.440 --> 42:11.440]  You know, and it's just, oh, look at me. Look what I have. I own this.
[42:11.440 --> 42:20.440]  What they're holding is a partial interest of the mortgage loan instrument.
[42:20.440 --> 42:31.440]  The loan instrument must be in its entirety transferred.
[42:31.440 --> 42:34.440]  So with the bank coming forth and beating its chest,
[42:34.440 --> 42:44.440]  claiming ownership of a paper that purports to be the original tangible promissory note,
[42:44.440 --> 42:53.440]  one of the questions I'm looking at is, are we talking simple possession of personal property?
[42:53.440 --> 42:58.440]  Because many times that's what it is.
[42:58.440 --> 43:05.440]  It's not legal possession with legal rights acquired.
[43:05.440 --> 43:10.440]  And yet that's what JP Morgan Chase would have you believe.
[43:10.440 --> 43:15.440]  That's what Wells Fargo would have you believe.
[43:15.440 --> 43:20.440]  That's what Bank of America would have you believe.
[43:20.440 --> 43:24.440]  And until you call them out on it,
[43:24.440 --> 43:30.440]  they're going to continue to take over and we'll get into that a little bit when we come back.
[43:30.440 --> 43:40.440]  Again, this is Joe Esquivel with Randy Kelton, Deborah Stevens, Rule of Law Radio.
[43:40.440 --> 43:49.440]  In the second half of the show, we're going to be calling in at 512-646-1984.
[43:49.440 --> 43:54.440]  And I will be taking questions pertaining to foreclosure.
[43:54.440 --> 44:01.440]  So we'll talk to you when I get back in a few. Thank you.
[44:01.440 --> 44:08.440]  Mr. President, members of Congress, you've been making a lot of noise about taking our guns away.
[44:08.440 --> 44:15.440]  But you might want to review history. 1835, Gonzales, Texas Territory.
[44:15.440 --> 44:20.440]  The authorities wanted to confiscate the big gun that protected that colony.
[44:20.440 --> 44:22.440]  You know what the people said?
[44:22.440 --> 44:24.440]  Come and take it.
[44:24.440 --> 44:29.440]  Because they were willing to fight for their freedom and their guns.
[44:29.440 --> 44:56.440]  So are we.
[44:56.440 --> 45:00.440]  Just like Gonzales, we're keeping our guns.
[45:26.440 --> 45:28.440]  Now you can too.
[45:28.440 --> 45:34.440]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:34.440 --> 45:43.440]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:43.440 --> 45:52.440]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[45:52.440 --> 46:02.440]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[46:22.440 --> 46:44.440]  Hello, this is Joe Esquivel with Randy Kelton, Deborah Stevens, Rule of Law Radio.
[46:44.440 --> 47:01.440]  And we were talking before we went out regarding the bank coming forward in court and waiving this document that purports to be, which they claim, the original tangible promissory note.
[47:01.440 --> 47:15.440]  Now, many times they're going to come forth and they're going to make a claim that what they have is bare paper.
[47:15.440 --> 47:17.440]  Okay.
[47:17.440 --> 47:25.440]  And what it has on it is a blank endorsement.
[47:25.440 --> 47:36.440]  And the reason they claim that it's bare paper is because they are the bearer of that tangible promissory note.
[47:36.440 --> 47:43.440]  And they can be very intimidating when they're in court.
[47:43.440 --> 47:53.440]  They've gone to school for years, four, five, six, seven, eight years, learning how to intimidate you.
[47:53.440 --> 47:57.440]  How to posture.
[47:57.440 --> 48:10.440]  So when they come forth and they say, I have a bearer instrument and I have a special endorsement, I have a blank endorsement.
[48:10.440 --> 48:22.440]  And I've seen even opposing counsel, I've seen the homeowners attorneys look at it and shake their head in disbelief and say, oh my God, what do we do?
[48:22.440 --> 48:25.440]  It's kind of blank endorsement, Joe.
[48:25.440 --> 48:27.440]  What do I do?
[48:27.440 --> 48:36.440]  So I ask them, explain to me, describe this blank endorsement that you say.
[48:36.440 --> 48:55.440]  Well, Joe, it says pay to the order of and then there's a empty line with an as of yet on name payee and then it says without recourse.
[48:55.440 --> 49:01.440]  And the bank says because that's a blank line that it's a blank endorsement.
[49:01.440 --> 49:06.440]  Now, what we need to do is we need to go back to basics.
[49:06.440 --> 49:13.440]  We need to understand what is an endorsement?
[49:13.440 --> 49:15.440]  What is a blank endorsement?
[49:15.440 --> 49:17.440]  What is a special endorsement?
[49:17.440 --> 49:22.440]  What is a restrictive endorsement?
[49:22.440 --> 49:30.440]  Again, these rules were written long, long time ago.
[49:30.440 --> 49:35.440]  We've got what's called the Negotiable Act of 1881.
[49:35.440 --> 49:39.440]  They had rules and laws back then.
[49:39.440 --> 49:42.440]  So let's just start with Texas.
[49:42.440 --> 49:50.440]  So with Texas, we're going to go to Texas Business and Commerce 3.204, endorsement.
[49:50.440 --> 49:54.440]  A, endorsement means a signature.
[49:54.440 --> 50:08.440]  Other than that of a signer as the maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument.
[50:08.440 --> 50:11.440]  Okay, so we're going to stop right there.
[50:11.440 --> 50:17.440]  So endorsement means a signature.
[50:17.440 --> 50:28.440]  Now, in the bank's own words, the bank said, I have a blank endorsement because I have a blank line.
[50:28.440 --> 50:34.440]  All right, so one, let's clear up that word, blank line.
[50:34.440 --> 50:41.440]  Now, I know that through the decades of educational learning that we all have gone through,
[50:41.440 --> 50:50.440]  whether it's public school, private school, college, and you've been indoctrinated into having an understanding of,
[50:50.440 --> 50:54.440]  Mary, I'd like you to fill in this piece of paper, fill in the blank lines.
[50:54.440 --> 50:58.440]  John, here's an application, fill in the blank lines.
[50:58.440 --> 51:09.440]  So by the time, fast forward to today's present future, you've got the bank holding up a piece of paper that says pay to the order of,
[51:09.440 --> 51:12.440]  and the bank says this is a blank line.
[51:12.440 --> 51:18.440]  No, it's not a blank line, you dummy.
[51:18.440 --> 51:24.440]  Now, the intent is clear as to what was to be done.
[51:24.440 --> 51:35.440]  Pay to the order of, they're given a specific set of instructions, a specific set.
[51:35.440 --> 51:45.440]  Now, and as of yet, unnamed payee is what we're looking at, that empty line, that incomplete stamping.
[51:45.440 --> 51:56.440]  And incomplete stamping is not an endorsement until that payee line is filled in and named.
[51:56.440 --> 52:15.440]  So if we go back to 3203, all right, and in 3203, we were to look at C,
[52:15.440 --> 52:30.440]  unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of endorsement by the transferor,
[52:30.440 --> 52:46.440]  the transferee has a specifically enforceable right to the unqualified endorsement of the transfer, but negotiation of the instrument does not occur.
[52:46.440 --> 52:48.440]  Again, I'm going to repeat that.
[52:48.440 --> 52:58.440]  Negotiation of the instrument does not occur until the endorsement is made.
[52:58.440 --> 53:03.440]  Okay, so now we go back to the word for endorsement.
[53:03.440 --> 53:09.440]  Endorsement means a signature.
[53:09.440 --> 53:16.440]  So you have the bank coming forth and doing all this fancy word crafting and twisting,
[53:16.440 --> 53:30.440]  and the whole time is to catch you off guard, to go back to your school days of education and slap you around mentally.
[53:30.440 --> 53:32.440]  Just come up and just slap you one.
[53:32.440 --> 53:34.440]  It's a blank endorsement.
[53:34.440 --> 53:36.440]  See, it's a blank line.
[53:36.440 --> 53:38.440]  Ooh, I didn't know that.
[53:38.440 --> 53:42.440]  Thanks for telling me.
[53:42.440 --> 53:51.440]  Again, until the payee line is filled in, negotiation cannot take place.
[53:51.440 --> 54:02.440]  Now, let's go to where they're coming forth and claiming that it is bearer paper.
[54:02.440 --> 54:15.440]  Okay, now I have presented, I have created a PowerPoint presentation specifically for attorneys because they need to be woken up sometimes, believe it or not.
[54:15.440 --> 54:18.440]  I know it's a stretch, but we can do it.
[54:18.440 --> 54:23.440]  We've got to slap them all around and just say, hey, look at this.
[54:23.440 --> 54:34.440]  Because when the banks are coming forth and claiming that it's bearer paper, does it say pay to bearer?
[54:34.440 --> 54:48.440]  Now, when I say the word bearer, I'm saying D-E-A-R-E-R, the word bearer.
[54:48.440 --> 54:54.440]  I'm not saying an unnamed party.
[54:54.440 --> 55:08.440]  If this is a bearer instrument, one need only go to pull up an old Federal Reserve note prior to the assassination of JFK.
[55:08.440 --> 55:16.440]  When we use dollars and not notes, and it said, will pay bearer upon demand.
[55:16.440 --> 55:20.440]  Pay to bearer, B-A-Y-E-R.
[55:20.440 --> 55:26.440]  And it is named, it is spelled out.
[55:26.440 --> 55:29.440]  It doesn't say that.
[55:29.440 --> 55:46.440]  Now, these documents and states pay to the order of, and I have not seen a single negotiable instrument that has said otherwise.
[55:46.440 --> 55:51.440]  There's a specific set of instructions.
[55:51.440 --> 56:03.440]  If one were to go to Texas Business Commerce Code 3205, it tells us special endorsements, blank endorsements.
[56:03.440 --> 56:14.440]  If an endorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, B-E-A-R-E-R,
[56:14.440 --> 56:21.440]  and the endorsement, all right, or signature, I'm going to replace that.
[56:21.440 --> 56:32.440]  It says, and the endorsement, and just put in your mind, signature, identifies that person to whom it makes the instrument payable.
[56:32.440 --> 56:35.440]  It is a special endorsement.
[56:35.440 --> 56:49.440]  When specially endorsed, an instrument becomes payable to the identified person and may be negotiated only by the endorsement of that person.
[56:49.440 --> 56:55.440]  Okay, identified person.
[56:55.440 --> 57:07.440]  So, and as of yet unnamed payee is not an identified party.
[57:07.440 --> 57:14.440]  How can you identify someone that has not been named yet?
[57:14.440 --> 57:25.440]  They pull this hat over your eyes, and they spin you around about 40 times, and then they take the hat off, they push you forward,
[57:25.440 --> 57:30.440]  and you're trying to walk the straight line, and you can't, you're falling all over yourself.
[57:30.440 --> 57:35.440]  And that's what's happening in the courts.
[57:35.440 --> 57:46.440]  And because the judges are not given the correct arguments with specificity and particularity,
[57:46.440 --> 57:56.440]  they can only base their findings on what was given to them.
[57:56.440 --> 58:01.440]  So, again, we need to bring forth the correct argument.
[58:01.440 --> 58:11.440]  We need to show the correct rules that were to be followed, the correct order that was to be followed,
[58:11.440 --> 58:16.440]  and who are the correct parties that are involved.
[58:16.440 --> 58:21.440]  So, we're going to pick this up when I come back.
[58:21.440 --> 58:34.440]  So, this is Joe Esquivel, Randy Kelton, Deborah Stevens with Rule of Law Radio,
[58:34.440 --> 58:47.440]  and we'll be talking about the endorsements, and also we're going to be talking about the parties that are secured.
[58:47.440 --> 58:50.440]  Thank you.
[58:50.440 --> 58:54.440]  Would you like to make more definite progress in your walk with God?
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[59:13.440 --> 59:18.440]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.440 --> 59:24.440]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.440 --> 59:27.440]  growing in Christ, and how to build up the Church.
[59:27.440 --> 59:33.440]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.440 --> 59:50.440]  call Bibles for America toll-free at 888-551-0102. That's 888-551-0102, or visit us online at bfa.org.
[59:50.440 --> 01:00:00.440]  Live, free speech radio, logosradionetwork.com.
[01:00:00.440 --> 01:00:10.440]  You're listening to The Liberty Beat, your daily source for Liberty news and activist updates,
[01:00:10.440 --> 01:00:15.440]  online at TheLibertyBeat.com.
[01:00:15.440 --> 01:00:20.440]  Don Bush here with your Liberty Beat for Thursday, August 29, 2013.
[01:00:20.440 --> 01:00:29.440]  Bold open day at $1,409, silver at $24.20, and Bitcoin is trading at $118.73.
[01:00:29.440 --> 01:00:32.440]  Support for The Liberty Beat comes from Brave New Books,
[01:00:32.440 --> 01:00:36.440]  Austin's only brick-and-mortar store carrying Plain and Tangerine 2.0.
[01:00:36.440 --> 01:00:38.440]  Online at BraveNewBookstore.com.
[01:00:38.440 --> 01:00:44.440]  And from the first annual Parents for Liberty Alternative Education Conference, October 12, on UT campus.
[01:00:44.440 --> 01:00:49.440]  Speakers include Dr. Lawrence Reed, Michael Strong, Dr. Mary Ruart, and John Bush.
[01:00:49.440 --> 01:00:52.440]  Information at parentsforliberty.org.
[01:00:52.440 --> 01:00:54.440]  And now the news.
[01:00:54.440 --> 01:00:59.440]  Despite President Obama's declaration on Wednesday that he was certain the Syrian government was responsible
[01:00:59.440 --> 01:01:04.440]  for the August 21 chemical attacks in Syria, intelligence officials are not as confident.
[01:01:04.440 --> 01:01:10.440]  The Office of the Director for National Intelligence released a report detailing gaps in the U.S. intelligence.
[01:01:10.440 --> 01:01:15.440]  Congressional committees are expected to be briefed on evidence by conference call on Thursday.
[01:01:15.440 --> 01:01:21.440]  So far, intelligence officials have not been able to locate the exact location of Assad's supposed chemical weapons supply.
[01:01:21.440 --> 01:01:24.440]  The United States is not the only official body having trouble finding hard evidence
[01:01:24.440 --> 01:01:27.440]  linking the Syrian government to the use of chemical weapons.
[01:01:27.440 --> 01:01:32.440]  Bashar Jafari, Syria's ambassador to the United Nations, stated that the rebels used weapons
[01:01:32.440 --> 01:01:35.440]  that they were able to produce with the help of outside powers.
[01:01:35.440 --> 01:01:39.440]  The British Parliament will hold a vote Thursday on a motion that would eliminate the possibility
[01:01:39.440 --> 01:01:48.440]  of launching an attack until the U.N. weapons inspectors publish their findings to the U.N. Security Council.
[01:01:48.440 --> 01:01:54.440]  Liberty activist John Bush was found not guilty yesterday in his trial stemming from a 2010 arrest on UT campus
[01:01:54.440 --> 01:01:59.440]  after he refused to go to the free speech zone while President Barack Obama was in town.
[01:01:59.440 --> 01:02:06.440]  Trial lasted from 9 a.m. to 4.30 p.m. and ended when Judge Herb Evans directed the jury to deliver a not guilty verdict
[01:02:06.440 --> 01:02:13.440]  after it became clear that the prosecution did not have any evidence showing that an order was actually given by UT police.
[01:02:13.440 --> 01:02:19.440]  The state of Texas made a fatal mistake when last year they reduced the charges from Class B misdemeanor criminal trespass
[01:02:19.440 --> 01:02:23.440]  to Class C misdemeanor willful failure to obey the lawful order of an officer.
[01:02:23.440 --> 01:02:28.440]  John refused three years worth of plea deals which led the state to reduce their charges.
[01:02:28.440 --> 01:02:31.440]  John believes he has been vindicated and is encouraging others,
[01:02:31.440 --> 01:02:37.440]  especially when there is minimal risk to one's freedom, to refuse to take the plea deal and stand on their convictions.
[01:02:37.440 --> 01:02:44.440]  Video of the trial will soon be available at thelibertybeat.com.
[01:02:44.440 --> 01:02:51.440]  On Wednesday, a military jury sentenced a U.S. Army psychiatrist to death for the 2009 shootings at Fort Hood, Texas
[01:02:51.440 --> 01:02:54.440]  that killed 13 people and wounded 31 others.
[01:02:54.440 --> 01:03:00.440]  Major Nadal Hassan has stated that he committed the crimes in retaliation for the United States wars in the Muslim world.
[01:03:00.440 --> 01:03:11.440]  It's all according to the will of the Almighty
[01:03:11.440 --> 01:03:18.440]  I read his book and it says he cares not for the unsightly
[01:03:18.440 --> 01:03:27.440]  These warmongers come by that term rightly
[01:03:27.440 --> 01:03:31.440]  I wouldn't pay for the war with my body
[01:03:31.440 --> 01:03:34.440]  Ain't gonna pay for the car with my money
[01:03:34.440 --> 01:03:41.440]  I wouldn't pay for the war with my body
[01:03:41.440 --> 01:03:54.440]  Ain't gonna pay for the war with my body
[01:03:54.440 --> 01:04:02.440]  Now here's something I know that's happened to me many times over the last couple of decades.
[01:04:02.440 --> 01:04:07.440]  There's been times where my wife has said,
[01:04:07.440 --> 01:04:13.440]  Joe, I need you to run down to the bank. I got some bills to pay. I need some cash.
[01:04:13.440 --> 01:04:21.440]  Okay. So I grab the checkbook and I grab a check and I fill it out, running out the door.
[01:04:21.440 --> 01:04:27.440]  I get all the way down to the bank and I just hand them the check.
[01:04:27.440 --> 01:04:31.440]  And then they hand me the check back. Excuse me, Mr. Esquivel.
[01:04:31.440 --> 01:04:35.440]  There's no name payee.
[01:04:35.440 --> 01:04:38.440]  Oh, my bad.
[01:04:38.440 --> 01:04:44.440]  So then I fill in a name or cash and I hand it back to them.
[01:04:44.440 --> 01:04:47.440]  They hand it back to me again.
[01:04:47.440 --> 01:04:53.440]  Mr. Esquivel, would you mind endorsing it?
[01:04:53.440 --> 01:04:57.440]  Oh, okay. Silly me. I've been sleeping.
[01:04:57.440 --> 01:05:03.440]  So I endorse it, hand it back.
[01:05:03.440 --> 01:05:08.440]  Thirty seconds later, it's handed back to me again.
[01:05:08.440 --> 01:05:13.440]  Can I see some form of identification?
[01:05:13.440 --> 01:05:21.440]  At this point, I'm patting myself like I'm frisking myself on the plane
[01:05:21.440 --> 01:05:28.440]  because I know that wallet is sitting on the kitchen counter.
[01:05:28.440 --> 01:05:31.440]  I just know it.
[01:05:31.440 --> 01:05:33.440]  So I'm grabbing everything and I can't find it.
[01:05:33.440 --> 01:05:38.440]  I'm like, excuse me. Listen, Tanya, I've been coming to the bank 10 years. Come on. You know me.
[01:05:38.440 --> 01:05:43.440]  You closed in 15 minutes. I really got a cash out check.
[01:05:43.440 --> 01:05:50.440]  I'm sorry, Mr. Esquivel. I need to see a license. I need to give any other identification.
[01:05:50.440 --> 01:05:56.440]  No, I'm a guy. I carry a wallet.
[01:05:56.440 --> 01:06:00.440]  If I was a woman, I had a purse. Yeah, I'd have everything in there.
[01:06:00.440 --> 01:06:05.440]  So I'm told, I'm sorry. Come back when you have your wallet.
[01:06:05.440 --> 01:06:10.440]  Showing that you are who you are and will cash it.
[01:06:10.440 --> 01:06:16.440]  And the same thing as whether it is a check or a promissory instrument.
[01:06:16.440 --> 01:06:21.440]  It's still a negotiable instrument and there's rules that must be followed.
[01:06:21.440 --> 01:06:31.440]  So until a payee is named, negotiation cannot take place.
[01:06:31.440 --> 01:06:37.440]  Now, I've got to make the distinction that I'm talking about the tangible promissory note.
[01:06:37.440 --> 01:06:45.440]  I'm talking about the security instrument being a deed of trust if I'm in the state of Texas.
[01:06:45.440 --> 01:06:52.440]  And I'm talking about the intangible payment obligation being the promise to pay.
[01:06:52.440 --> 01:07:13.440]  I'm not talking about the e-note or the e-mortgage, which are many times the documents or the instruments that are being referred to.
[01:07:13.440 --> 01:07:20.440]  And this is where the fancy word crafting comes in.
[01:07:20.440 --> 01:07:30.440]  Because on these assignments, they don't say if they're talking about the e-note or the e-mortgage.
[01:07:30.440 --> 01:07:38.440]  Now, if MERS was involved, there's a whole lot of hanky-panky going on.
[01:07:38.440 --> 01:07:43.440]  Because MERS is like the big iceberg in the ocean.
[01:07:43.440 --> 01:07:49.440]  And it's floating there and it's been there for years just bobbing up and down.
[01:07:49.440 --> 01:07:52.440]  And you're on this little skiff.
[01:07:52.440 --> 01:07:57.440]  And you don't think anything because all you see is a little piece of ice in the water.
[01:07:57.440 --> 01:08:01.440]  What you didn't see is 90% of that iceberg is below the ground.
[01:08:01.440 --> 01:08:08.440]  And that's what's going to just take your little skiff and just demolish it.
[01:08:08.440 --> 01:08:19.440]  So if MERS was involved, then everyone must know that MERS only operates in the electronic world.
[01:08:19.440 --> 01:08:24.440]  MERS does not operate in the tangible world.
[01:08:24.440 --> 01:08:31.440]  MERS is an electronic registry.
[01:08:31.440 --> 01:08:38.440]  MERS transfers and registers.
[01:08:38.440 --> 01:08:43.440]  It does not record.
[01:08:43.440 --> 01:08:50.440]  The county recorder's office gives constructive notice to the world.
[01:08:50.440 --> 01:08:58.440]  The county recorder's office files, indexes, and records.
[01:08:58.440 --> 01:09:03.440]  Big difference.
[01:09:03.440 --> 01:09:12.440]  MERS pertains to personal property, not real property.
[01:09:12.440 --> 01:09:18.440]  MERS fools people.
[01:09:18.440 --> 01:09:22.440]  I know years ago I was fooled too.
[01:09:22.440 --> 01:09:29.440]  I didn't have an understanding of what was taking place.
[01:09:29.440 --> 01:09:35.440]  I thought that MERS tracked the promissory note.
[01:09:35.440 --> 01:09:39.440]  It does not.
[01:09:39.440 --> 01:09:47.440]  MERS tracks the beneficial interest and the servicing rights.
[01:09:47.440 --> 01:09:51.440]  That's it.
[01:09:51.440 --> 01:10:01.440]  Now, that authoritative copy and all the other e-mortgage documents are held in an electronic vault.
[01:10:01.440 --> 01:10:06.440]  They're not in Fort Knox, people.
[01:10:06.440 --> 01:10:13.440]  They're created electronically. They're transferred electronically. They're stored electronically.
[01:10:13.440 --> 01:10:17.440]  They're just records, transferable records.
[01:10:17.440 --> 01:10:20.440]  That's it.
[01:10:20.440 --> 01:10:22.440]  They're not negotiable instruments.
[01:10:22.440 --> 01:10:31.440]  There are no laws pertaining to those electronic documents.
[01:10:31.440 --> 01:10:34.440]  This is why we have statute of fraud.
[01:10:34.440 --> 01:10:37.440]  And in some states we have more than one statute of frauds.
[01:10:37.440 --> 01:10:41.440]  For example, Florida.
[01:10:41.440 --> 01:10:48.440]  Everything must be in writing.
[01:10:48.440 --> 01:11:04.440]  Now, while MERS was intended to be in compliance with the E-Sign and UEA,
[01:11:04.440 --> 01:11:17.440]  15 USC 7003 states that Article 3 and Article 9 of the Uniform Commercial Code does not apply.
[01:11:17.440 --> 01:11:24.440]  So, again, there's a lot of misinformation out there.
[01:11:24.440 --> 01:11:30.440]  And what I'm giving you is a rope down this hole to pull you out.
[01:11:30.440 --> 01:11:34.440]  You just need to grab on tight.
[01:11:34.440 --> 01:11:38.440]  Get out of this hole of misinformation.
[01:11:38.440 --> 01:11:49.440]  Because MERS only tracks the beneficial interest within a flat community of membership,
[01:11:49.440 --> 01:12:02.440]  it is done on a honor scale, meaning you're supposed to do it, but not everybody does it.
[01:12:02.440 --> 01:12:09.440]  And nobody's going to beat you up or slap your wrist if you don't.
[01:12:09.440 --> 01:12:15.440]  So what they're supposed to do and what they do are two different things.
[01:12:15.440 --> 01:12:22.440]  And again, look at why MERS was created.
[01:12:22.440 --> 01:12:25.440]  It was created out of greed.
[01:12:25.440 --> 01:12:42.440]  If we were to go back into 1997 or 1998, okay, which is shortly after when MERS first started taking properties,
[01:12:42.440 --> 01:12:47.440]  because MERS was originally started in 1993.
[01:12:47.440 --> 01:12:53.440]  However, their first property didn't go into MERS until 1997.
[01:12:53.440 --> 01:12:59.440]  Now, prior to this, they still had rules and regulations.
[01:12:59.440 --> 01:13:06.440]  They still had the 424B5 rule, and that was from the Security Exchange Commission.
[01:13:06.440 --> 01:13:12.440]  And that was put into effect after the depression we had of 29 and 30.
[01:13:12.440 --> 01:13:31.440]  And the reason it was put into effect was to have an order of business that was put into place to help the investors from getting scammed.
[01:13:31.440 --> 01:13:37.440]  Now, the neat thing is that these are still there.
[01:13:37.440 --> 01:13:42.440]  We just need to have an understanding.
[01:13:42.440 --> 01:13:43.440]  All right.
[01:13:43.440 --> 01:13:56.440]  So with all of these things in place, okay, if the rules aren't there, who is going to follow them?
[01:13:56.440 --> 01:14:00.440]  The rules are getting broken.
[01:14:00.440 --> 01:14:01.440]  All right.
[01:14:01.440 --> 01:14:07.440]  Now, IRS had rules in place, too.
[01:14:07.440 --> 01:14:12.440]  These rules are being broken all the time.
[01:14:12.440 --> 01:14:26.440]  The question is, what do we do if these rules are not being followed, if we don't know what is being done?
[01:14:26.440 --> 01:14:40.440]  So right now, I try to get them to obey the rules, but I have one voice.
[01:14:40.440 --> 01:14:46.440]  We need to have many voices in doing what we do.
[01:14:46.440 --> 01:14:56.440]  So this is why the 424B5 rule was in place.
[01:14:56.440 --> 01:15:06.440]  It stated that all parties are to be given fair notice.
[01:15:06.440 --> 01:15:14.440]  When they're given fair notice and they don't file it, then we need to hold people accountable.
[01:15:14.440 --> 01:15:19.440]  And if they're not being held accountable, the greed just manifests itself.
[01:15:19.440 --> 01:15:22.440]  And it's this greed that created MERS.
[01:15:22.440 --> 01:15:26.440]  They still had to go from sponsor to the depositor to the trustee.
[01:15:26.440 --> 01:15:31.440]  It still needed to be done in a timely manner, and it was done.
[01:15:31.440 --> 01:15:38.440]  I had a set of documents come across my desk about a week and a half ago, and it was dated 1998.
[01:15:38.440 --> 01:15:43.440]  And I looked at the note, and there were multiple endorsements.
[01:15:43.440 --> 01:15:45.440]  I looked at the assignments.
[01:15:45.440 --> 01:15:49.440]  There were multiple assignments.
[01:15:49.440 --> 01:16:05.440]  There was an actual 123 days from inception of the loan until the tangible promissory note, the assignment, got put into the trust.
[01:16:05.440 --> 01:16:12.440]  Now, I know people are going to say, well, Joe, it wasn't done in a timely fashion.
[01:16:12.440 --> 01:16:14.440]  You're correct.
[01:16:14.440 --> 01:16:23.440]  It was 20 days over the closing date or the start of date of the trust.
[01:16:23.440 --> 01:16:31.440]  But I could see the attempt by the parties to pull it off.
[01:16:31.440 --> 01:16:37.440]  Yes, they had gone over a number of dates, but we're not talking years.
[01:16:37.440 --> 01:16:41.440]  That's the difference.
[01:16:41.440 --> 01:16:45.440]  So it can be done today, even with MERS.
[01:16:45.440 --> 01:16:46.440]  Not.
[01:16:46.440 --> 01:16:47.440]  It can't be.
[01:16:47.440 --> 01:16:49.440]  And we'll go on to that when I come back.
[01:16:49.440 --> 01:16:55.440]  This is Joe Esquivel with Randy Kelton, Deborah Stevens on Rule of Law Radio.
[01:16:55.440 --> 01:17:00.440]  We'll be right back at you in a few.
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[01:19:53.440 --> 01:19:56.440]  Okay, we are back.
[01:19:56.440 --> 01:19:59.440]  Greg DeKelton, Deborah Stevens, Joe Esquivel.
[01:19:59.440 --> 01:20:03.440]  And when we went out, Joe was talking about MERS
[01:20:03.440 --> 01:20:11.440]  and how MERS tries to join the party, but MERS is crashing the party.
[01:20:11.440 --> 01:20:15.440]  Go ahead, MERS. Go ahead, Joe.
[01:20:15.440 --> 01:20:25.440]  Okay, so again, I was talking about how there is a required number of days
[01:20:25.440 --> 01:20:30.440]  in which all of these transactions are to take place.
[01:20:30.440 --> 01:20:35.440]  And before MERS, this happened all the time.
[01:20:35.440 --> 01:20:43.440]  Before MERS, all of the tangible documents got properly negotiated.
[01:20:43.440 --> 01:20:47.440]  They got transferred. They got assigned.
[01:20:47.440 --> 01:20:53.440]  And that's something that is supposed to happen.
[01:20:53.440 --> 01:20:59.440]  Even though it didn't happen or it doesn't happen with MERS, that's what's supposed to happen.
[01:20:59.440 --> 01:21:03.440]  All of these recordings are supposed to be done in a timely fashion
[01:21:03.440 --> 01:21:09.440]  after the sale of the tangible promissory note from party A to party B.
[01:21:09.440 --> 01:21:14.440]  And then you have negotiation of the tangible promissory note from party B to party C.
[01:21:14.440 --> 01:21:19.440]  And there is to be an assignment of the security instrument,
[01:21:19.440 --> 01:21:26.440]  thus keeping the intangible obligation attached.
[01:21:26.440 --> 01:21:29.440]  All these transactions are to happen in parallel.
[01:21:29.440 --> 01:21:34.440]  However, they don't happen using the MERS system.
[01:21:34.440 --> 01:21:41.440]  MERS is just a party of a registry.
[01:21:41.440 --> 01:21:46.440]  That's all they are. There is no agency relationship.
[01:21:46.440 --> 01:21:55.440]  So without no agency relationship, there is no one withstanding.
[01:21:55.440 --> 01:22:01.440]  They're just doing a shell game.
[01:22:01.440 --> 01:22:09.440]  What MERS attempts to do through the use of electronic registry
[01:22:09.440 --> 01:22:21.440]  is to claim that they're always named as the named beneficiary.
[01:22:21.440 --> 01:22:31.440]  They're trying to act as Bailey or as Baylor using Bailey law.
[01:22:31.440 --> 01:22:41.440]  But there is no MERS relationships between all of the parties that are to have negotiated the instruments.
[01:22:41.440 --> 01:22:47.440]  There was no proper negotiation transfer and delivery.
[01:22:47.440 --> 01:22:52.440]  If one were to go back in time,
[01:22:52.440 --> 01:23:02.440]  and let's go back to John Doe signs a note at closing in 2005.
[01:23:02.440 --> 01:23:10.440]  And John Doe had countrywide home loans as lender.
[01:23:10.440 --> 01:23:26.440]  Okay, now shortly after closing, countrywide home loans sold an interest of John Doe's mortgage loan instrument to Fannie Mae.
[01:23:26.440 --> 01:23:37.440]  Okay, so now Fannie Mae has an interest in John Doe's mortgage loan instrument.
[01:23:37.440 --> 01:23:48.440]  They were sold the right to collect future economic payments
[01:23:48.440 --> 01:23:55.440]  because we know that countrywide is not in the business of selling notes.
[01:23:55.440 --> 01:24:00.440]  Countrywide is in the business of selling beneficial interest.
[01:24:00.440 --> 01:24:09.440]  And that's what clearly was stated in the deposition of Linda Demartini in Kemp vs. Countrywide.
[01:24:09.440 --> 01:24:19.440]  I believe it was on page 14 of that deposition in which he stated countrywide is in the business of selling beneficial interest.
[01:24:19.440 --> 01:24:31.440]  Okay, so now with that being said, fast forward to 2011 when John Doe was in a lawsuit
[01:24:31.440 --> 01:24:39.440]  and Bank of America is coming forth waving this document that they claim is theirs through ownership.
[01:24:39.440 --> 01:24:44.440]  I own this. This is a tangible promissory note.
[01:24:44.440 --> 01:24:56.440]  And I'm Bank of America, formerly known as BAC Home Loan Servicing, success for interest through countrywide home loans.
[01:24:56.440 --> 01:25:06.440]  So one needs to go back in time. We need to go back into 2008.
[01:25:06.440 --> 01:25:13.440]  We need to go back to the acquisition of countrywide home loans.
[01:25:13.440 --> 01:25:20.440]  What did Bank of America purchase? They say that there was a portfolio buyout.
[01:25:20.440 --> 01:25:24.440]  Okay. Fine.
[01:25:24.440 --> 01:25:33.440]  And that countrywide had purchased certain assets pertaining to countrywide home loans.
[01:25:33.440 --> 01:25:36.440]  Okay.
[01:25:36.440 --> 01:25:51.440]  Now, if one were to take a hard look at what is claimed to have been purchased and what was purchased,
[01:25:51.440 --> 01:25:59.440]  we're going to see apples and oranges, folks, because they had purchased servicing rights.
[01:25:59.440 --> 01:26:11.440]  They had purchased personal property, and part of this personal property was comprised of millions of documents,
[01:26:11.440 --> 01:26:27.440]  thousands and thousands of boxes full of papers, papers that had the verbiage on them, promissory notes.
[01:26:27.440 --> 01:26:51.440]  What was different, though, was that these papers that had one time been tangible promissory notes were evidenced by a promise to pay, the legal debt description.
[01:26:51.440 --> 01:27:04.440]  However, with that promise to pay, payment and tangible obligation being ripped out by its guts and sold,
[01:27:04.440 --> 01:27:17.440]  the security instrument decreased in value and became annulty by operation of law.
[01:27:17.440 --> 01:27:26.440]  So now we have a document that goes back into the box up on a shelf.
[01:27:26.440 --> 01:27:31.440]  The intangible payment obligation was sold to Fannie Mae.
[01:27:31.440 --> 01:27:35.440]  All right. Countrywide became the account debtor.
[01:27:35.440 --> 01:27:45.440]  Countrywide took that intangible payment stream and sold it to Fannie Mae.
[01:27:45.440 --> 01:27:56.440]  Fannie Mae took that intangible payment stream and created their own intangible payment stream from that
[01:27:56.440 --> 01:28:05.440]  and put that into, say, 2005-62 Fannie Mae Trust, Remick Trust.
[01:28:05.440 --> 01:28:16.440]  Now, the investors are led to believe that these thousands of payment streams that are going into this trust are secured.
[01:28:16.440 --> 01:28:21.440]  That's when they've been led to believe.
[01:28:21.440 --> 01:28:36.440]  However, Fannie Mae was not listed into public record. Fannie Mae did not purchase a tangible promissory note.
[01:28:36.440 --> 01:28:48.440]  Fannie Mae purchased an interest, an interest of John Dole's mortgage loan instrument.
[01:28:48.440 --> 01:28:54.440]  So now when Bank of America is in court waiving this document,
[01:28:54.440 --> 01:29:01.440]  yes, that document is a piece of paper that purports to be a tangible promissory note,
[01:29:01.440 --> 01:29:05.440]  but it's not a tangible promissory note. It's a piece of paper.
[01:29:05.440 --> 01:29:17.440]  It's personal property that now belongs to Bank of America that was property, personal property of Countrywide.
[01:29:17.440 --> 01:29:31.440]  But simple possession or mechanical possession and not legal possession with legal rights of enforcement are completely different.
[01:29:31.440 --> 01:29:36.440]  And that's what we need to wake up about.
[01:29:36.440 --> 01:29:44.440]  What they're claiming and what is actuality is night and day.
[01:29:44.440 --> 01:29:47.440]  You're juggling a chainsaw?
[01:29:47.440 --> 01:29:49.440]  Hang on, hang on, I'm about to go to break.
[01:29:49.440 --> 01:30:00.440]  This is Randy Kelton, Demp Stevens, Joe Esquivel talking about chainsawing our way to break.
[01:30:00.440 --> 01:30:02.440]  Are you cautious online?
[01:30:02.440 --> 01:30:07.440]  A new breed of criminal is hoping you're careful about sites you visit and avoid downloading spyware.
[01:30:07.440 --> 01:30:09.440]  That makes you the perfect mark.
[01:30:09.440 --> 01:30:14.440]  I'm Dr. Catherine Albrecht and I'll be back in a moment with a frightening twist in cybercrime.
[01:30:14.440 --> 01:30:21.440]  Your search engine is watching you, recording all your searches and creating a massive database of your personal information.
[01:30:21.440 --> 01:30:22.440]  That's creepy.
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[01:30:44.440 --> 01:30:47.440]  You're surfing the Internet and you think you're safe.
[01:30:47.440 --> 01:30:49.440]  After all, you take precautions.
[01:30:49.440 --> 01:30:51.440]  Then out of the blue, a window pops up.
[01:30:51.440 --> 01:30:56.440]  It warns you that your computer has been infected and provides a link for antivirus software.
[01:30:56.440 --> 01:30:57.440]  Oh, no.
[01:30:57.440 --> 01:30:58.440]  Don't be fooled.
[01:30:58.440 --> 01:31:01.440]  You're the target of cybercriminals peddling scareware.
[01:31:01.440 --> 01:31:03.440]  Scareware is scam software.
[01:31:03.440 --> 01:31:08.440]  It might cost 50 bucks or it could be free, but you'll pay a steep price if you fall for it.
[01:31:08.440 --> 01:31:11.440]  Just visiting a scareware site could infect your computer.
[01:31:11.440 --> 01:31:17.440]  And if you buy their worthless software, it often comes loaded with malware that siphons your personal information.
[01:31:17.440 --> 01:31:21.440]  If you download it, you'll really have something to worry about.
[01:31:21.440 --> 01:31:22.440]  I'm Dr. Catherine Albrecht.
[01:31:22.440 --> 01:31:30.440]  More news and information at CatherineAlbrecht.com.
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[01:33:31.440 --> 01:33:47.440]  The wicked, dumb, with temptation, they're trying to buy the whole place.
[01:33:47.440 --> 01:33:58.440]  They want to poison the nation because they've fallen from grace.
[01:33:58.440 --> 01:34:02.440]  I will not bring you back home.
[01:34:02.440 --> 01:34:06.440]  Okay, we are back. Brandon Shelton, Eddie Keevan, Needleball Radio.
[01:34:06.440 --> 01:34:12.440]  And I did want to mention that Eddie is having his traffic classes on a regular basis again.
[01:34:12.440 --> 01:34:24.440]  So if you have a traffic citation or a traffic issue, Sunday night, 2 to 5, bring new books, that's the place to be.
[01:34:24.440 --> 01:34:29.440]  Eddie will go through and address all of your traffic issues.
[01:34:29.440 --> 01:34:34.440]  Okay, sorry about the interruption, Joe. Back to Mr. Esquivel.
[01:34:34.440 --> 01:34:39.440]  Okay, thank you, Randy. That's good to know about Eddie's classes.
[01:34:39.440 --> 01:34:47.440]  I'll tell you, I was wondering, you know, that's something I think I'd like to participate in one time or another just to get more knowledge.
[01:34:47.440 --> 01:34:52.440]  You know, just suck it in like a sponge and then squeeze me out.
[01:34:52.440 --> 01:34:57.440]  All right, so let's go back. We're talking about juggling chainsaws.
[01:34:57.440 --> 01:35:11.440]  The difference between simple possession or mechanical possession of personal property versus legal possession with legal rights acquired.
[01:35:11.440 --> 01:35:21.440]  Because if the transfer purports to transfer less than the entire instrument, negotiation does not occur.
[01:35:21.440 --> 01:35:27.440]  It's real simple. So we don't need to complicate it.
[01:35:27.440 --> 01:35:32.440]  Now, let's just throw a little bit more information in there.
[01:35:32.440 --> 01:35:45.440]  And again, so whether it's J.P. Morgan Chase coming forth as successor in interest to Washington Mutual or Wells Fargo coming forth as successor in interest to Acobia Bank,
[01:35:45.440 --> 01:35:52.440]  again, let's look at what assets are you talking about?
[01:35:52.440 --> 01:36:09.440]  If that intangible payment obligation has been ripped out by its roots of that tangible promissory note and sold, then it is gone.
[01:36:09.440 --> 01:36:12.440]  It cannot come back.
[01:36:12.440 --> 01:36:17.440]  However, they think that it's a ghost and it reoccurs all the time.
[01:36:17.440 --> 01:36:22.440]  Just ask them. They're going to tell you.
[01:36:22.440 --> 01:36:28.440]  So simple possession versus legal possession with legal rights.
[01:36:28.440 --> 01:36:32.440]  That's where we need to drop the hammer.
[01:36:32.440 --> 01:36:37.440]  What was acquired? How did you acquire it?
[01:36:37.440 --> 01:36:43.440]  Now, let's jump back a little bit into Freddie Mac and Fannie Mae.
[01:36:43.440 --> 01:36:45.440]  Okay.
[01:36:45.440 --> 01:36:55.440]  If we jump into Freddie Mac's own documents, so I'm not making the documents up, people, they're right in front of me.
[01:36:55.440 --> 01:37:15.440]  If I were to go to page 12 of the Freddie Mac e-mortgage guide version 2.0, it stated, seller servicer must also comply with the applicable purchase documents and make the representations and warranties in this e-mortgage guide,
[01:37:15.440 --> 01:37:41.440]  including without limitation that any e-note sold to Freddie Mac, any e-note sold to Freddie Mac will be valid and enforceable and that other electronic records created, provided, signed, or otherwise processed using the e-closing system were so created,
[01:37:41.440 --> 01:37:50.440]  provided, signed, or processed in compliance with applicable state and federal law.
[01:37:50.440 --> 01:37:58.440]  People, it says right here, in compliance with applicable state and federal law.
[01:37:58.440 --> 01:38:15.440]  Now, we don't have any laws for e-notes, for e-mortgages, but it's telling them they must be in compliance with state and federal law.
[01:38:15.440 --> 01:38:20.440]  All right, so now let's jump to Fannie Mae's own documents.
[01:38:20.440 --> 01:38:35.440]  Now, on page 5 of Fannie Mae's guide to delivering e-mortgage loans to Fannie Mae version 2.5, if we go to paragraph 2.2, initial and periodic assessments,
[01:38:35.440 --> 01:38:56.440]  each lender is responsible for determining that it meets the legal, technological, and operational requirements necessary to create 8 valid and enforceable mortgage obligations,
[01:38:56.440 --> 01:39:12.440]  and that it otherwise complies with our requirements, which in some cases may be in addition to minimum statutory requirements.
[01:39:12.440 --> 01:39:34.440]  People, it's in black and white. Each lender is responsible for determining that it meets the legal, technical, and operational requirements necessary to create valid and enforceable mortgage obligations.
[01:39:34.440 --> 01:39:38.440]  It's telling the lenders what they need to do.
[01:39:38.440 --> 01:39:43.440]  Now, it's not slapping them on the hands if they don't.
[01:39:43.440 --> 01:39:47.440]  This is their get-out-of-jail card.
[01:39:47.440 --> 01:39:56.440]  They're all playing the game of Monopoly with all of the properties.
[01:39:56.440 --> 01:40:00.440]  And Fannie Mae and Freddie Mick are waving their get-out-of-jail card.
[01:40:00.440 --> 01:40:04.440]  Uh-huh, I told you what to do, you dummy.
[01:40:04.440 --> 01:40:06.440]  You didn't do it.
[01:40:06.440 --> 01:40:12.440]  It is on you.
[01:40:12.440 --> 01:40:28.440]  Why do you think Fannie Mae is suing Bank of America for $1.7 billion for all of this junk that was sold to Fannie Mae from Bank of America?
[01:40:28.440 --> 01:40:36.440]  Because Bank of America sold them a bunch of junk.
[01:40:36.440 --> 01:40:41.440]  Fannie Mae can't go back to the homeowner.
[01:40:41.440 --> 01:40:45.440]  Fannie Mae must go back to the account debtor.
[01:40:45.440 --> 01:40:51.440]  That account debtor was Countrywide Home Loans in this instance.
[01:40:51.440 --> 01:40:58.440]  Oh, wait a minute, Countrywide Home Loans, which was acquired by Bank of America.
[01:40:58.440 --> 01:41:12.440]  So now we have the servicer on one end that is claiming to represent Holder and DuCourse, which there is no Holder and DuCourse folks.
[01:41:12.440 --> 01:41:17.440]  And they're also claiming, oh, we're going to help you, homeowner.
[01:41:17.440 --> 01:41:22.440]  They're not helping nobody but themselves.
[01:41:22.440 --> 01:41:30.440]  But Bank of America isn't going to sue itself because it sold Fannie Mae a bunch of junk.
[01:41:30.440 --> 01:41:46.440]  No, Bank of America is going to go to the homeowner and say, hey, I own the promissory note.
[01:41:46.440 --> 01:41:58.440]  And the homeowner is just going to shake, oh, my God, he's got that piece of paper, looks like something I signed 10 years ago.
[01:41:58.440 --> 01:42:11.440]  People, there is no Holder and DuCourse unless there is a sole party with sole interests of the intangible payment obligation,
[01:42:11.440 --> 01:42:18.440]  the same name party named on the payee line of the tangible promissory note,
[01:42:18.440 --> 01:42:29.440]  and the same name party named into public record and all of this done in a timely fashion.
[01:42:29.440 --> 01:42:38.440]  Without all of this being done, there can be no Holder and DuCourse.
[01:42:38.440 --> 01:42:44.440]  Many times you have four or five different parties all laying a different claim.
[01:42:44.440 --> 01:42:51.440]  I own this part, I own this part, I own this part.
[01:42:51.440 --> 01:42:54.440]  Everybody's got a part.
[01:42:54.440 --> 01:43:02.440]  But until one name party has all, it cannot be King of the Hill.
[01:43:02.440 --> 01:43:08.440]  I'm sorry, but King of the Hill is not going to happen today.
[01:43:08.440 --> 01:43:12.440]  You need to have the entire pie.
[01:43:12.440 --> 01:43:17.440]  If you don't have the entire pie, it's not a pie.
[01:43:17.440 --> 01:43:20.440]  It's just a piece of pie.
[01:43:20.440 --> 01:43:26.440]  It's just a partial cause of action.
[01:43:26.440 --> 01:43:34.440]  All right, so if you come forth and you have the whole pie, then you can lay claim.
[01:43:34.440 --> 01:43:41.440]  All right, so right now this is Joe Esquivel with Randy Clayton.
[01:43:41.440 --> 01:43:42.440]  Randy Kelton.
[01:43:42.440 --> 01:43:43.440]  Sorry, Randy.
[01:43:43.440 --> 01:43:46.440]  Deborah Stevens on Rule of Law Radio.
[01:43:46.440 --> 01:43:52.440]  And when I come back, we're going to be talking about more parties involved.
[01:43:52.440 --> 01:43:57.440]  So you won't be that one.
[01:43:57.440 --> 01:44:00.440]  Randy Kelton, Deborah Stevens, we'll be right back.
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[01:46:05.440 --> 01:46:22.440]  Thank you very much.
[01:46:35.440 --> 01:46:45.440]  Okay, we are back.
[01:46:45.440 --> 01:46:50.440]  Randy Kelton, David Stevens, Joe Esquivel, Rule of Law Radio,
[01:46:50.440 --> 01:47:05.440]  and I did want to remind you again that he has his show, his Sunday night traffic seminars at Brave New Books, the 15th in Guadalupe,
[01:47:05.440 --> 01:47:11.440]  at two to five every Sunday, so be there or be square. We're going back to Joe.
[01:47:11.440 --> 01:47:21.440]  Okay, so we were talking about the parties coming forth, claiming that they own this piece of paper.
[01:47:21.440 --> 01:47:43.440]  Again, we need to look at it, simple possession with no rights for personal property versus legal possession with acquired legal rights.
[01:47:43.440 --> 01:47:52.440]  Again, the perception on the courts is to just give it all to the bank.
[01:47:52.440 --> 01:48:06.440]  There are so many differences out there, but until we explain them to the courts and break it down into pieces that can be swallowed by the judges,
[01:48:06.440 --> 01:48:15.440]  the judges are not going to see it. So we need to point this out when they're in court and they're waving this piece of paper.
[01:48:15.440 --> 01:48:25.440]  What is that piece of paper in its actual form as it exists today?
[01:48:25.440 --> 01:48:42.440]  Does it pretend a personal property? Who is the party coming forth? Is that party named on the payee line? Is that party named into public record?
[01:48:42.440 --> 01:48:52.440]  Is that party the sole party coming forth with the sole interest of the payment and tangible obligation?
[01:48:52.440 --> 01:49:03.440]  If they've answered yes to all of that and in a timely fashion, then that's a proper party.
[01:49:03.440 --> 01:49:15.440]  But again, many times I've seen as many as five and six parties all coming forth with a claim of a different part of the mortgage loan instrument.
[01:49:15.440 --> 01:49:27.440]  I was talking earlier about the differences between the e-notes, e-mortgages versus a tangible promissory note and the security instrument,
[01:49:27.440 --> 01:49:35.440]  whether it's a mortgage or a deed of trust or a security deed.
[01:49:35.440 --> 01:49:49.440]  What's interesting is that it's a completely different world. In the paper world, we talk about possession.
[01:49:49.440 --> 01:49:57.440]  But when we're in the electronic world, they talk about control.
[01:49:57.440 --> 01:50:06.440]  If you're in the paper world, we talk about the tangible promissory note.
[01:50:06.440 --> 01:50:11.440]  Many parties refer to as a wet ink signature.
[01:50:11.440 --> 01:50:21.440]  But if you're in the electronic world, you're talking about the authoritative copy of the e-note.
[01:50:21.440 --> 01:50:29.440]  If I was in the tangible world, I would talk about the investor.
[01:50:29.440 --> 01:50:35.440]  When I'm in the electronic world, I talk about the controller.
[01:50:35.440 --> 01:50:39.440]  Again, these are day and night.
[01:50:39.440 --> 01:50:50.440]  In the tangible world, tangible meaning that I can touch and feel it, I'm talking about the custodian.
[01:50:50.440 --> 01:50:58.440]  In the electronic world, we're talking about location or an e-vault.
[01:50:58.440 --> 01:51:03.440]  We jump back in the tangible world, we talk about endorsements.
[01:51:03.440 --> 01:51:11.440]  In the electronic world, they talk about transfer of control, control.
[01:51:11.440 --> 01:51:18.440]  In the tangible world, I'm talking about holder and due course.
[01:51:18.440 --> 01:51:27.440]  In the electronic world, they're talking about transferable record audit trail.
[01:51:27.440 --> 01:51:32.440]  In the tangible world, I talk about servicer.
[01:51:32.440 --> 01:51:42.440]  In the electronic world, we're talking about controllers, delegate.
[01:51:42.440 --> 01:51:46.440]  There's day and night differences.
[01:51:46.440 --> 01:51:51.440]  And this is what we must shout out to the world.
[01:51:51.440 --> 01:51:55.440]  Are we talking about A or are we talking about B?
[01:51:55.440 --> 01:52:00.440]  Are we talking about C or are we talking about D?
[01:52:00.440 --> 01:52:10.440]  We are not going to talk about apples and oranges combined.
[01:52:10.440 --> 01:52:15.440]  So when I talk, I need to be talking about specificity.
[01:52:15.440 --> 01:52:22.440]  I need to be talking about particularity.
[01:52:22.440 --> 01:52:26.440]  I need to have an understanding.
[01:52:26.440 --> 01:52:38.440]  Are the parties out there talking about the e-note, the e-mortgage?
[01:52:38.440 --> 01:52:45.440]  Because many times they don't stipulate what they're talking about.
[01:52:45.440 --> 01:52:54.440]  Many times with MERS being involved, MERS is not a party to the note and has conferred no rights.
[01:52:54.440 --> 01:53:04.440]  And yet MERS transfers rights all day long left and right.
[01:53:04.440 --> 01:53:16.440]  And this whole time, all of this pertains to the homeowner's title.
[01:53:16.440 --> 01:53:21.440]  The banks lead you to believe it's about ownership.
[01:53:21.440 --> 01:53:25.440]  I own this, you don't own that.
[01:53:25.440 --> 01:53:27.440]  I own this, you don't own that.
[01:53:27.440 --> 01:53:33.440]  You hear it time and time again.
[01:53:33.440 --> 01:53:37.440]  That's not about ownership.
[01:53:37.440 --> 01:53:48.440]  If you break down what real property pertains to, it all goes back to title.
[01:53:48.440 --> 01:53:55.440]  You can't just go dig up the earth and take it with you.
[01:53:55.440 --> 01:53:59.440]  It's about rights.
[01:53:59.440 --> 01:54:11.440]  Title is the union of all elements that constitute the legal right to control and dispose of property.
[01:54:11.440 --> 01:54:23.440]  Title is the legal link between a person who owns the property and the property itself.
[01:54:23.440 --> 01:54:33.440]  Title is the legal evidence of a person's ownership rights in the property.
[01:54:33.440 --> 01:54:43.440]  Title is the right itself, the legal consequences of such conditions.
[01:54:43.440 --> 01:54:58.440]  So when we're looking at 3203, rights acquired, if one did not properly acquire the rights,
[01:54:58.440 --> 01:55:08.440]  then one does not have the right to come forth with a cause of action.
[01:55:08.440 --> 01:55:18.440]  When the parties come forth, they come forth claiming standing, claiming they've been damaged.
[01:55:18.440 --> 01:55:23.440]  But I implore you, step back and take a look.
[01:55:23.440 --> 01:55:38.440]  While there may have been a perceived notion of deficiency, is there a true holder-in-due course?
[01:55:38.440 --> 01:55:42.440]  Or is there a perceived notion of holder-in-due course?
[01:55:42.440 --> 01:55:45.440]  It's what I would ask.
[01:55:45.440 --> 01:55:57.440]  Because with so many parties coming to the table wanting to play, many times you're perplexed.
[01:55:57.440 --> 01:56:00.440]  Am I paying the right party?
[01:56:00.440 --> 01:56:10.440]  If I pay my mortgage loan off, will the mortgage loan have a clear title?
[01:56:10.440 --> 01:56:23.440]  Is the mortgage loan instrument properly sold, negotiated, and transferred to the proper parties?
[01:56:23.440 --> 01:56:29.440]  And these are questions that are being asked every single day.
[01:56:29.440 --> 01:56:35.440]  And yet many parties are being told you're not privy to that information.
[01:56:35.440 --> 01:56:36.440]  You don't need to know.
[01:56:36.440 --> 01:56:38.440]  It's an on a need-to-know basis.
[01:56:38.440 --> 01:56:39.440]  You don't need to know.
[01:56:39.440 --> 01:56:42.440]  So we're not going to tell you.
[01:56:42.440 --> 01:56:49.440]  However, the reason they're not telling you is because many times they do not know.
[01:56:49.440 --> 01:56:56.440]  The minions that answer the phones have a script.
[01:56:56.440 --> 01:57:05.440]  And when you call up these banks and they're asked hundreds of questions, they go to their FAQ list.
[01:57:05.440 --> 01:57:11.440]  Let's see, they asked if they have the original promise or a note.
[01:57:11.440 --> 01:57:19.440]  Tell them they're not allowed, you can't give out that information, they're not a lender.
[01:57:19.440 --> 01:57:26.440]  They go down a list of answers to questions that you ask.
[01:57:26.440 --> 01:57:39.440]  You give them a question, they give you a set response, which is meant to boggle your mind and confuse you with inaccuracies.
[01:57:39.440 --> 01:57:47.440]  So don't take it personal on the minions that are answering the phone.
[01:57:47.440 --> 01:57:55.440]  Because we as sheeple have been led to believe that the banks know.
[01:57:55.440 --> 01:57:59.440]  It depends what level you are getting to.
[01:57:59.440 --> 01:58:10.440]  If you're calling the bottom of the wrong ladder and you're expecting it to have knowledge it all the way at the top of the ladder, you're being misled.
[01:58:10.440 --> 01:58:15.440]  They only know what they're taught.
[01:58:15.440 --> 01:58:25.440]  If you were not taught, then you cannot give forth the answer.
[01:58:25.440 --> 01:58:53.440]  The Bible remains the most popular book in the world.
[01:58:53.440 --> 01:58:57.440]  Yet countless readers are frustrated because they struggle to understand it.
[01:58:57.440 --> 01:59:06.440]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture.
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[01:59:27.440 --> 01:59:50.440]  Bibles for America would like to give you a free recovery version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com. That's freestudybible.com.
[01:59:50.440 --> 02:00:00.440]  You are listening to the Logos Radio Network, logosradionetwork.com.