[00:00.000 --> 00:07.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[00:07.000 --> 00:09.000]  Online at thelibertybeat.com.
[00:09.000 --> 00:14.000]  I'm Brian Hagan with the Liberty Beat for Friday, November 22, 2013.
[00:14.000 --> 00:22.000]  Gold opens today at $1,246, silver at $19.97, and Bitcoin is trading at $720.
[00:22.000 --> 00:25.000]  Support for the Liberty Beat comes from shinybadges.com.
[00:25.000 --> 00:30.000]  Supplying the Liberty Movement with lapel pins of their favorite anarchists and voluntarious symbols,
[00:30.000 --> 00:34.000]  including the best-selling Badges Don't Grant Extra Rights KopLock badge.
[00:34.000 --> 00:37.000]  Check out the selection at shinybadges.com.
[00:37.000 --> 00:40.000]  Support also comes from the Center for Natural Living,
[00:40.000 --> 00:46.000]  hosting their first monthly meeting Saturday, November 23, from 4.30 to 7.30 at Brave New Books.
[00:46.000 --> 00:51.000]  The meeting will include a screening of episodes 1 through 3 of Sovereign Living, The Reality Show.
[00:51.000 --> 00:54.000]  There will be activities and snacks for the kids, so bring the family.
[00:54.000 --> 00:58.000]  For information, go to centerfornaturalliving.org.
[00:58.000 --> 01:04.000]  In the news today, yesterday, federal agents conducted the largest raid on Colorado marijuana businesses
[01:04.000 --> 01:06.000]  since medical marijuana became legal.
[01:06.000 --> 01:11.000]  The Denver Post reports that search and seizure warrants were executed at multiple dispensaries
[01:11.000 --> 01:15.000]  and cultivation facilities, along with two private residences.
[01:15.000 --> 01:24.000]  Federal officials will only say that one of eight federal concerns about marijuana have potentially been violated.
[01:24.000 --> 01:27.000]  Yesterday, a magistrate judge denied bail for Ross Ulbrich,
[01:27.000 --> 01:32.000]  the California man accused of being Dread Pirate Roberts of the Silk Road Marketplace.
[01:32.000 --> 01:37.000]  The prosecution in the case argued that Ulbrich has been running a massive online drug empire
[01:37.000 --> 01:41.000]  and paid $730,000 to try to kill six people.
[01:41.000 --> 01:48.000]  Ulbrich's family denies the claim and asserts that he is not a murderer.
[01:48.000 --> 01:53.000]  The campaign is known as Hoodie the Homeless, spearheaded by Bitcoins, not bombs,
[01:53.000 --> 01:57.000]  and is intended to provide warm sweatshirts for the homeless of San Francisco.
[01:57.000 --> 02:00.000]  There's a lot of charities that pass out food to people in need,
[02:00.000 --> 02:03.000]  but at this time of the year, what's needed more are warm clothes.
[02:03.000 --> 02:08.000]  That activist, Drew Phillips, who along with partner Davi Barker, are working to see the initiative grow.
[02:08.000 --> 02:11.000]  Everything is being done in Bitcoin. We're raising funds in Bitcoin.
[02:11.000 --> 02:14.000]  We're spending the Bitcoins with mass appeal specialties or printer.
[02:14.000 --> 02:20.000]  Buy a shirt or hoodie for yourself, and those are priced so that you're also paying for one hoodie for somebody in need.
[02:20.000 --> 02:24.000]  To take part in the campaign, go to bitcoin.bombs.com.
[02:28.000 --> 02:31.000]  Support for the Liberty Bean comes from Cabo Bob's.
[02:31.000 --> 02:35.000]  Check out their new location at 29th and Rio Grande between Guadalupe and Lamar.
[02:35.000 --> 02:41.000]  Give them a call, 512-432-1111, or find them online at cabobobs.com.
[02:41.000 --> 02:47.000]  Support also comes from Central Texas Gun Works, CHL courses, self-defense training, and firearm sales.
[02:47.000 --> 02:50.000]  Online at centraltexasgunworks.com.
[02:52.000 --> 02:55.000]  This is the Liberty Bean for Friday, November 22nd.
[02:55.000 --> 03:05.000]  Be sure to check out the website at thelibertybean.com.
[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 rules.
[03:43.000 --> 03:49.000]  So why are you acting like a bloody fool? And if you get high, then you must just cool.
[03:49.000 --> 03:55.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:19.000 --> 04:25.000]  Friday, October the 22nd, 2013.
[04:25.000 --> 04:30.000]  Our Friday night four hour info marathon show.
[04:30.000 --> 04:36.000]  And we will be having as our special guest, as I said, Bob Tierney.
[04:36.000 --> 04:45.000]  Bob Tierney specializes in short sales and various other forms of real estate investment.
[04:45.000 --> 04:56.000]  He not only participates in these kinds of programs, he also works with a company who trains people to do this.
[04:56.000 --> 05:03.000]  Bob, will you kind of give us an overview of what it is that you do?
[05:03.000 --> 05:06.000]  Hi, good evening, Randy. How are you doing tonight? Can you hear me okay?
[05:06.000 --> 05:08.000]  Yes, I can hear you fine.
[05:08.000 --> 05:14.000]  Well, first of all, it's really an honor and a privilege to have the opportunity to come out on your show
[05:14.000 --> 05:23.000]  and meet you. We've gotten recently introduced and I'm very impressed with the things that you've been doing
[05:23.000 --> 05:29.000]  with your life and the difference that you're making out there in the world.
[05:29.000 --> 05:34.000]  I spent most of my life as a remodeling contractor working on homes for real estate investors
[05:34.000 --> 05:38.000]  and people that would buy houses and need help, getting them fixed up.
[05:38.000 --> 05:46.000]  That was my profession for a little under 20 years and I got inspired to get into real estate investing.
[05:46.000 --> 05:51.000]  Frankly, I just got sick and tired of watching my customers make more money than me.
[05:51.000 --> 06:02.000]  So I decided I wanted to get into buying houses myself and was introduced to the concept of short sale eight years ago.
[06:02.000 --> 06:07.000]  I never heard of one. I did not know that you could negotiate discounts and pay off some banks.
[06:07.000 --> 06:14.000]  I found myself in the seminar that somebody had invited me to and the gentleman on the stage in four hours
[06:14.000 --> 06:22.000]  enlightened the people that had came and how he was helping save people from getting foreclosures on their records,
[06:22.000 --> 06:30.000]  negotiating discounts on the payoffs with the mortgages with the banks, and buying the properties in the process.
[06:30.000 --> 06:36.000]  And I thought to myself, if I could help people buying properties and fixing them up
[06:36.000 --> 06:42.000]  and doing the things that I knew how to do, that would be just a wonderful strategy and a wonderful way to acquire houses.
[06:42.000 --> 06:52.000]  My first short sale I did in my life was, we started it in 2006 and we actually acquired the property in 2007.
[06:52.000 --> 06:56.000]  It was a very rewarding thing to do, was buy a property.
[06:56.000 --> 07:02.000]  The homeowners owed over $350,000 on their first and second mortgages.
[07:02.000 --> 07:07.000]  They had a tax lien with the IRS. They had multiple mechanics liens on the property.
[07:07.000 --> 07:15.000]  And we were able to go in and negotiate with everybody and save this family from getting a foreclosure on their record in the process.
[07:15.000 --> 07:25.000]  And we bought the house for $196,400 after they had owed over $350,000, which was a pretty amazing discount.
[07:25.000 --> 07:32.000]  We rehabbed the property, put it back on the market and sold it. And we sold it for about $285,000.
[07:32.000 --> 07:40.000]  And so that was my first one. And over the years now, we've done many short sales.
[07:40.000 --> 07:45.000]  And we also own and operate a real estate investment training school.
[07:45.000 --> 07:50.000]  And we have a beautiful office and training facility in the Chicagoland area
[07:50.000 --> 07:59.000]  and also multiple offices across the United States now and actually run an online training school for real estate investment
[07:59.000 --> 08:05.000]  to teach other people who'd like to learn how to do these types of strategies.
[08:05.000 --> 08:08.000]  And so it's been an amazing life change.
[08:08.000 --> 08:17.000]  And I'm very grateful for the person that invited me to come to this little seminar that I went to back eight years ago.
[08:17.000 --> 08:22.000]  And we've helped a lot of people that have been facing foreclosure and being able to save their credit
[08:22.000 --> 08:26.000]  and negotiate discounts with banks.
[08:26.000 --> 08:29.000]  And as I've gotten to know you and seeing some of the things that you've done,
[08:29.000 --> 08:35.000]  your commitment to helping people that have been negatively affected by this situation,
[08:35.000 --> 08:39.000]  I'm looking forward to our discussion tonight.
[08:39.000 --> 08:49.000]  Yes. And this is really the reason that I really wanted you on the show, is you offer an option
[08:49.000 --> 08:59.000]  about which I know just enough to say the name short sale.
[08:59.000 --> 09:03.000]  Those who are familiar with what I do have probably seen my site
[09:03.000 --> 09:10.000]  where I have a very large map of mortgage issues.
[09:10.000 --> 09:12.000]  It's huge. It's got all kinds of stuff in it.
[09:12.000 --> 09:18.000]  But when you go to the short sale tab, there's nothing under it.
[09:18.000 --> 09:30.000]  And while we help people with foreclosures, our focus is rather narrow.
[09:30.000 --> 09:36.000]  When I look in my bag of tricks, I tend to have just one or two tricks in there,
[09:36.000 --> 09:40.000]  and primarily it's sue the lender.
[09:40.000 --> 09:44.000]  People come to me and say, how do you stop foreclosure?
[09:44.000 --> 09:50.000]  Sue the lender. Buy the good suit, buy the bad suit, and then don't make a whole lot of difference.
[09:50.000 --> 09:52.000]  You sue him, he stops.
[09:52.000 --> 09:55.000]  So that's pretty straightforward and easy enough.
[09:55.000 --> 10:00.000]  But that doesn't close the deal.
[10:00.000 --> 10:10.000]  That doesn't give us the positive outcome that we want other than being able to hold the lender off for two or three years.
[10:10.000 --> 10:22.000]  I would very much like to expand my bag of tricks so that we can find a way to bring the bank to the table.
[10:22.000 --> 10:31.000]  We've learned a lot about how to hammer the banks and annoy the banks and keep them in court and cost them a lot of money.
[10:31.000 --> 10:39.000]  Well, that's not of a great value to us costing them money other than we annoy them.
[10:39.000 --> 10:47.000]  If we can't use the fact that we know how to cost them money as leverage to help us make money
[10:47.000 --> 11:00.000]  or help us make the foreclosure go away and reestablish the note in a way that the person can rehabilitate his position and save South.
[11:00.000 --> 11:05.000]  It looks like short sales, which I've heard of in the past,
[11:05.000 --> 11:20.000]  but I never had had anybody who knew enough about it to tell me how we could use that to help people who were underwater or close to the brink.
[11:20.000 --> 11:34.000]  So how do you use short sales to help someone say who has got a notice of an impending foreclosure sale?
[11:34.000 --> 11:39.000]  What would be the first thing you would do?
[11:39.000 --> 11:49.000]  Well, I guess I'd like to start with defining exactly what a short sale means because there's some misunderstanding or misconceptions.
[11:49.000 --> 11:55.000]  If somebody would have asked me what a short sale meant eight years ago, I would have said, well, that's when the property is sold in a week.
[11:55.000 --> 11:58.000]  It's a short sale.
[11:58.000 --> 12:00.000]  I really had no idea.
[12:00.000 --> 12:06.000]  And so the definition comes from a mortgage.
[12:06.000 --> 12:19.000]  A bank lends $200,000 on a mortgage, and the homeowner pays on that mortgage for let's just say a couple of years, and then they end up in default.
[12:19.000 --> 12:27.000]  Now the balance owed to the bank is let's just say it's $180,000.
[12:27.000 --> 12:34.000]  And the value of the property is only $150,000.
[12:34.000 --> 12:48.000]  And so in the negotiation process, when we go to the bank and ask the bank if they would be willing to give a discount on the mortgage,
[12:48.000 --> 12:55.000]  they would be able to discount the mortgage in order for us to buy the property before it's taken to foreclosure.
[12:55.000 --> 13:06.000]  And so if they agree, let's say they agree to sell the property for $120,000, they've taken a discounted payoff.
[13:06.000 --> 13:13.000]  And so the amount that we pay is short of the amount that is owed.
[13:13.000 --> 13:17.000]  And that's where the term short sale comes from.
[13:17.000 --> 13:24.000]  The bank takes a discounted payoff on what is owed to the bank.
[13:24.000 --> 13:33.000]  What would motivate the bank to take that loss?
[13:33.000 --> 13:40.000]  There's many factors that motivate the bank to take a loss.
[13:40.000 --> 13:51.000]  The first factor is the average amount of money it costs for a bank to take a property through the foreclosure process.
[13:51.000 --> 13:58.000]  There's attorney's fees, there's foreclosure filings, there's time that's involved,
[13:58.000 --> 14:02.000]  so they have to wait a minimum amount of time to file the documents, varies by state,
[14:02.000 --> 14:07.000]  and there's judicial and non-judicial states and a lot of different things that go into that.
[14:07.000 --> 14:19.000]  But at one time in my training, I heard that the national average that it costs a bank to take a homeowner through foreclosure is approximately $56,000.
[14:19.000 --> 14:24.000]  So whatever the bank is owed, we can take $56,000 right off the top of that,
[14:24.000 --> 14:33.000]  and that's what they're going to end up with at minimum if they take the person through foreclosure and the property is worth what it's owed.
[14:33.000 --> 14:39.000]  Because of what happened with the downturn in the economy, so many properties are up underwater,
[14:39.000 --> 14:49.000]  and people that paid a half a million dollars for houses that you can buy today for $300,000, there's a $200,000 difference.
[14:49.000 --> 14:54.000]  So there's many houses out there that are worth $100,000, $200,000, $300,000 less than is owed,
[14:54.000 --> 15:00.000]  and when you get into the jumbo loans and the larger properties, that discrepancy is even greater.
[15:00.000 --> 15:14.000]  And when they sell at a depressed price with the decreased value of the property to start with in the depressed price plus the $56,000,
[15:14.000 --> 15:18.000]  then we can get into some pretty large change there.
[15:18.000 --> 15:21.000]  Sure, and then you add in other factors.
[15:21.000 --> 15:28.000]  The longer a homeowner lives in a property that they know they're going to lose, the more damage is done to the house.
[15:28.000 --> 15:33.000]  I've got many, many examples of people that have lived in their properties.
[15:33.000 --> 15:34.000]  They knew they were going to lose the homes.
[15:34.000 --> 15:35.000]  They're not painting.
[15:35.000 --> 15:36.000]  They're not taking care of the place.
[15:36.000 --> 15:37.000]  They're not putting new carpeting in.
[15:37.000 --> 15:40.000]  They're just letting the place completely deteriorate.
[15:40.000 --> 15:45.000]  Other cases where homeowners have gotten angry because they've lost their house,
[15:45.000 --> 15:48.000]  and there's a lot of people that have been hurt out there.
[15:48.000 --> 15:53.000]  They've decided to leave and take a couple things, like the kitchen.
[15:53.000 --> 15:56.000]  I've walked into a $750,000 house.
[15:56.000 --> 15:58.000]  They took everything.
[15:58.000 --> 16:02.000]  They took the kitchen, the bathrooms, the trim off the walls.
[16:02.000 --> 16:10.000]  They ripped the copper out, the furnaces, the hot water heaters, and basically anything that they could possibly get money for.
[16:10.000 --> 16:20.000]  In other cases, when people leave and they stop paying the electric bill, if the electric is shut off, then the sump pump isn't working.
[16:20.000 --> 16:26.000]  All that needs to happen is two or three inches of water be seeped into the basement.
[16:26.000 --> 16:29.000]  The water evaporates up into the house and soaks into the drywall.
[16:29.000 --> 16:33.000]  You've got the sun on the roof and heats the interior of the home up.
[16:33.000 --> 16:35.000]  Then it cools at night and heats it up and cools it.
[16:35.000 --> 16:38.000]  That creates a perfect environment for mold.
[16:38.000 --> 16:43.000]  The joys of stocky buttress.
[16:43.000 --> 16:45.000]  Okay, we are about to go to break.
[16:45.000 --> 16:50.000]  This is Randy Kelton, Deborah Stevens with our special guest Bob Tierney.
[16:50.000 --> 16:54.000]  Our call-in number is 512-646-1984.
[16:54.000 --> 17:00.000]  We'll probably go about three segments, maybe four, and then we'll start taking calls.
[17:00.000 --> 17:06.000]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[17:06.000 --> 17:11.000]  People feed their pets better than they feed themselves, and it's time we changed all that.
[17:11.000 --> 17:17.000]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[17:17.000 --> 17:22.000]  In a world where natural foods have been irradiated, adulterated, and mutilated,
[17:22.000 --> 17:25.000]  Young Jevity can provide the nutrients you need.
[17:25.000 --> 17:31.000]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
[17:31.000 --> 17:36.000]  We have come to trust Young Jevity so much we became a marketing distributor
[17:36.000 --> 17:40.000]  along with Alex Jones, Ben Fuchs, and many others.
[17:40.000 --> 17:43.000]  When you order from LogosRadioNetwork.com,
[17:43.000 --> 17:47.000]  your health will improve as you help support quality radio.
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[18:19.000 --> 18:21.000]  using federal civil rights statutes,
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[18:44.000 --> 18:49.000]  and click on the blue Michael Mears banner, or email michaelmears at yahoo.com.
[18:49.000 --> 18:57.000]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.000 --> 19:01.000]  to learn how to stop debt collectors now.
[19:01.000 --> 19:05.000]  You are listening to the Logos Radio Network,
[19:05.000 --> 19:32.000]  the Logos Radio Network dot com.
[19:32.000 --> 19:35.000]  Yeah.
[19:35.000 --> 19:38.000]  Whoa.
[19:38.000 --> 19:40.000]  It's spinning like it's out of control.
[19:40.000 --> 19:44.000]  On the edge of a hole inside a deep dark hole.
[19:44.000 --> 19:51.000]  I'm always going to look out for something to soothe my soul.
[19:51.000 --> 19:56.000]  So I sit back and I watch the evidence unfold.
[19:56.000 --> 20:02.000]  And I see justice is the goal.
[20:02.000 --> 20:04.000]  Yeah.
[20:04.000 --> 20:10.000]  Justice is the goal.
[20:10.000 --> 20:13.000]  Sometimes we sail a little too far at sea.
[20:13.000 --> 20:16.000]  And then we got to get back on course quickly.
[20:16.000 --> 20:19.000]  So we go on the heavy advisory.
[20:19.000 --> 20:21.000]  Okay, we are back.
[20:21.000 --> 20:26.000]  We are here with our special guest Bob Tierney.
[20:26.000 --> 20:29.000]  And we're talking about short sails.
[20:29.000 --> 20:36.000]  Now, how do you get the short sails?
[20:36.000 --> 20:43.000]  How do you find people who are prying for short sails?
[20:43.000 --> 20:46.000]  And I'm not saying that in terms of how can I go out
[20:46.000 --> 20:49.000]  and make a whole lot of money flipping somebody's house.
[20:49.000 --> 20:53.000]  How can we use short sails to help people
[20:53.000 --> 20:57.000]  and where would we look for them?
[20:57.000 --> 21:04.000]  Well, the first thing is I like to work with a homeowner directly.
[21:04.000 --> 21:09.000]  And the laws change weekly it seems in this industry.
[21:09.000 --> 21:12.000]  And the policies that the banks have,
[21:12.000 --> 21:16.000]  they've been trying to address the challenge of
[21:16.000 --> 21:18.000]  how many million people are facing foreclosure.
[21:18.000 --> 21:20.000]  So I like to work with the homeowners directly.
[21:20.000 --> 21:22.000]  Most of the time the banks are going to require
[21:22.000 --> 21:25.000]  that the property is listed on the market.
[21:25.000 --> 21:27.000]  It's a part of the short sale process
[21:27.000 --> 21:31.000]  because of course the bank wants the home to go to the highest bidder.
[21:31.000 --> 21:39.000]  And so we advertise first of all to connect with people
[21:39.000 --> 21:41.000]  that are facing foreclosure.
[21:41.000 --> 21:44.000]  So when somebody stops paying the mortgage,
[21:44.000 --> 21:49.000]  a short sale is not necessarily the best option for them.
[21:49.000 --> 21:52.000]  And so as a responsible real estate investor,
[21:52.000 --> 21:55.000]  first we'll sit down and interview the homeowner
[21:55.000 --> 21:59.000]  and find out first of all what the situation is,
[21:59.000 --> 22:01.000]  how long it's been since they paid the mortgage.
[22:01.000 --> 22:03.000]  Do they have one mortgage or two mortgages?
[22:03.000 --> 22:05.000]  What's the balance?
[22:05.000 --> 22:06.000]  The balance is on the mortgages.
[22:06.000 --> 22:08.000]  How much do they owe?
[22:08.000 --> 22:11.000]  And then we'll go through some of the different options
[22:11.000 --> 22:13.000]  that people have when they're facing foreclosure.
[22:13.000 --> 22:17.000]  Maybe they could call the bank and do a deed in lieu,
[22:17.000 --> 22:20.000]  which would save them from getting a foreclosure on their record.
[22:20.000 --> 22:25.000]  There might be an opportunity to do a loan modification.
[22:25.000 --> 22:29.000]  And even in the loan modification world,
[22:29.000 --> 22:32.000]  a lot of the banks are doing loan modifications,
[22:32.000 --> 22:38.000]  but the loan modification that I would want to see somebody get from the bank
[22:38.000 --> 22:41.000]  would be a principal reduction loan modification.
[22:41.000 --> 22:43.000]  So if somebody owes $300,000 on a property
[22:43.000 --> 22:47.000]  and its current market value is only $200,000,
[22:47.000 --> 22:53.000]  paying $100,000 more for the house than it's worth is a financial suicide.
[22:53.000 --> 22:55.000]  It's just not financially sound.
[22:55.000 --> 23:02.000]  But yet some people who are unspecified or financially,
[23:02.000 --> 23:05.000]  or just so emotionally attached to the house,
[23:05.000 --> 23:08.000]  they will allow the banks to reduce the payment,
[23:08.000 --> 23:10.000]  so they'll reduce the interest to 2%.
[23:10.000 --> 23:15.000]  And then I've even seen some cases where they've given them a 40-year loan.
[23:15.000 --> 23:17.000]  No matter what way you slice it,
[23:17.000 --> 23:21.000]  you're still paying $100,000 more for the house than it's worth.
[23:21.000 --> 23:25.000]  And so when I'm coaching somebody or I'm sitting down with a homeowner
[23:25.000 --> 23:29.000]  and I'm not an attorney and I'm not an accountant, I don't have a license,
[23:29.000 --> 23:31.000]  I'm not a licensed real estate broker or agent,
[23:31.000 --> 23:34.000]  but I am an investor and I buy houses, and that's what we do.
[23:34.000 --> 23:41.000]  So at least I can help the homeowner decide what would be in their best interest.
[23:41.000 --> 23:44.000]  And so many times I've told them, call the bank,
[23:44.000 --> 23:50.000]  see if they'll be willing to do a current market analysis or a CMA on the property.
[23:50.000 --> 23:51.000]  Let's find out what it's worth.
[23:51.000 --> 23:55.000]  And if they're willing to reduce the principal amount, reduce the interest,
[23:55.000 --> 24:00.000]  in some cases somebody could get their payment lowered by $500 or $800 or $1,000,
[24:00.000 --> 24:04.000]  and in some cases this happens.
[24:04.000 --> 24:09.000]  Most of the time, though, the homeowners aren't qualified for the loan modification
[24:09.000 --> 24:11.000]  or even if they get one, they default.
[24:11.000 --> 24:16.000]  And then at that point when there's no other choice or option
[24:16.000 --> 24:19.000]  and the homeowner knows that they're going to lose the house
[24:19.000 --> 24:23.000]  and there is a sale date, then there's a couple choices.
[24:23.000 --> 24:28.000]  They can either find somebody like myself or a real estate investor
[24:28.000 --> 24:31.000]  who has the expertise to go in and negotiate with the bank
[24:31.000 --> 24:36.000]  to see if the bank would be willing to do a short sale and short the mortgage,
[24:36.000 --> 24:41.000]  or they can hire an attorney to go fight the foreclosure in the courts.
[24:41.000 --> 24:43.000]  And I know that's a lot of what you teach and talk about.
[24:43.000 --> 24:46.000]  And so those are all options on the table.
[24:46.000 --> 24:50.000]  At the end of the day, we want to do what's in best interest to the homeowner.
[24:50.000 --> 24:53.000]  And if we can save them from getting a foreclosure on the record,
[24:53.000 --> 24:56.000]  save their credit, help them move on, maybe find another property,
[24:56.000 --> 24:59.000]  maybe even find another property that they can do a lease option
[24:59.000 --> 25:01.000]  and help them get back on their feet,
[25:01.000 --> 25:06.000]  that is the intention that we have as investors to help our customers.
[25:06.000 --> 25:14.000]  Okay, if say I am in default on a loan, on a mortgage,
[25:14.000 --> 25:20.000]  how would I best be able to assess my position
[25:20.000 --> 25:27.000]  so as to determine that a short sale would be in my best interest?
[25:27.000 --> 25:31.000]  Well, the first thing is to do the math.
[25:31.000 --> 25:36.000]  And real estate is a very mathematical problem.
[25:36.000 --> 25:40.000]  And so we would do a current market analysis on the property,
[25:40.000 --> 25:44.000]  and we would find out what the property is worth.
[25:44.000 --> 25:50.000]  If somebody owes $250,000 on a property
[25:50.000 --> 25:55.000]  and they find out that the current market value is $230,000,
[25:55.000 --> 26:01.000]  there's only a $20,000 difference between what they owe and what the property is worth.
[26:01.000 --> 26:04.000]  And so that's valuable information.
[26:04.000 --> 26:07.000]  Because if I've done work on the home and I've lived there for 10 years
[26:07.000 --> 26:09.000]  and my kids are happy in schools,
[26:09.000 --> 26:15.000]  I'm probably going to try to do my best to work out being able to stay in that property.
[26:15.000 --> 26:18.000]  But if I do an analysis and I owe $250,000
[26:18.000 --> 26:21.000]  and the current market value of the property is only $150,000,
[26:21.000 --> 26:25.000]  and there's a $100,000 difference in what I owe to what it's worth,
[26:25.000 --> 26:30.000]  then I've got to evaluate is it worth it to pay that much more for a property
[26:30.000 --> 26:32.000]  than its current market value.
[26:32.000 --> 26:35.000]  And these decisions are not easily made,
[26:35.000 --> 26:40.000]  they're unique to every single homeowner's situation.
[26:40.000 --> 26:43.000]  And so that's why it's beneficial for a homeowner
[26:43.000 --> 26:47.000]  to be able to sit down with somebody that has knowledge in this area
[26:47.000 --> 26:51.000]  and at least can help them make sense of what's going on and what's happening to them
[26:51.000 --> 26:57.000]  and help them understand the consequences if they don't take action.
[26:57.000 --> 27:08.000]  Okay, I understand that in what you do, you can pretty well broker most any short sale
[27:08.000 --> 27:14.000]  because you have investors that will purchase the properties.
[27:14.000 --> 27:18.000]  So how does that work?
[27:18.000 --> 27:25.000]  Well, as a real estate investor, there's particular types of real estate investments that we look for.
[27:25.000 --> 27:27.000]  If a house is in perfect condition,
[27:27.000 --> 27:33.000]  it's not likely that a bank is going to negotiate that short sale as easily
[27:33.000 --> 27:36.000]  as if the property needs some work.
[27:36.000 --> 27:42.000]  So as an investor, if a property hasn't been updated and hasn't been taken care of
[27:42.000 --> 27:48.000]  and it needs let's say $10,000 to $50,000 or more in repairs,
[27:48.000 --> 27:55.000]  a bank is a lot more likely to offer a discounted rate on the mortgage
[27:55.000 --> 28:00.000]  because they don't want to have to take on that property's problems and deal with it either.
[28:00.000 --> 28:05.000]  If a property is in beautiful condition, then it's a little bit more difficult
[28:05.000 --> 28:08.000]  because they can take that property through foreclosure
[28:08.000 --> 28:12.000]  and then put it on the market and sell it without a lot of problems.
[28:12.000 --> 28:20.000]  Another factor that plays into the foreclosure process is whether there's one mortgage
[28:20.000 --> 28:23.000]  or two mortgages on the properties or more.
[28:23.000 --> 28:25.000]  I'll give you an example.
[28:25.000 --> 28:31.000]  If somebody owes $400,000 on a property and all $400,000 is owed to one bank
[28:31.000 --> 28:34.000]  and the short sale offer that we make is $200,000,
[28:34.000 --> 28:39.000]  I've got to convince that bank to take a 50% discount on what is owed.
[28:39.000 --> 28:43.000]  Conversely, if that same property has two mortgages
[28:43.000 --> 28:48.000]  and the first mortgage is $300,000 and the second mortgage is $100,000,
[28:48.000 --> 28:52.000]  if that property goes to auction, which is what the foreclosure process happens,
[28:52.000 --> 28:56.000]  they get there with pendants, there's a sale date, it goes to auction
[28:56.000 --> 29:00.000]  and then it's either sold or becomes an REO or real estate owned property.
[29:00.000 --> 29:05.000]  If there's a $300,000 first mortgage and a $100,000 second mortgage,
[29:05.000 --> 29:12.000]  the second mortgage lender will get $0 or they'll get $0 if it goes to auction
[29:12.000 --> 29:16.000]  and becomes an REO if the first mortgage takes that property through the process.
[29:16.000 --> 29:20.000]  So in that situation, I am offering $200,000.
[29:20.000 --> 29:23.000]  The second mortgage company doesn't have a chance to get any money,
[29:23.000 --> 29:30.000]  so they'll usually take a discounted payoff of maybe $1,000 or $5,000 or something like that
[29:30.000 --> 29:33.000]  just so that they can get something.
[29:33.000 --> 29:37.000]  The first mortgage company now will take a bigger discount
[29:37.000 --> 29:41.000]  or it doesn't have to take as big a discount to approve.
[29:41.000 --> 29:49.000]  Oh, so in effect, it may be an advantage to have the second mortgage situation.
[29:49.000 --> 29:52.000]  Okay, hang on, this is Randy Kelton, David Stevens,
[29:52.000 --> 29:55.000]  Lulukla Radio here with our special guest, Bob Tierney.
[29:55.000 --> 30:03.000]  Our call-in number, 512-646-1984, we'll be right back.
[30:03.000 --> 30:04.000]  Are you going bald?
[30:04.000 --> 30:07.000]  Don't worry, I'm not peddling another miracle product,
[30:07.000 --> 30:11.000]  but scientists may have stumbled on a legitimate cure for hair loss.
[30:11.000 --> 30:12.000]  I'm Dr. Catherine Albrecht.
[30:12.000 --> 30:15.000]  In a moment, I'll come back and tell you what it is.
[30:15.000 --> 30:17.000]  Privacy is under attack.
[30:17.000 --> 30:21.000]  When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.000 --> 30:31.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.000 --> 30:34.000]  Privacy, it's worth hanging on to.
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[30:52.000 --> 30:54.000]  and none actually cures baldness.
[30:54.000 --> 30:57.000]  But during a recent study on how stress affects our intestines,
[30:57.000 --> 31:03.000]  UCLA researchers identified a chemical compound that could end hair loss and even regrow hair.
[31:03.000 --> 31:09.000]  The compound A, stress, and B blocks a hormone that our bodies produce when we're under stress.
[31:09.000 --> 31:12.000]  Mice that received the stress hormone and lost their hair
[31:12.000 --> 31:15.000]  were later injected with A, stress, and B for five days.
[31:15.000 --> 31:19.000]  In less than three months, all of the mice re-grew all of their hair.
[31:19.000 --> 31:21.000]  Hair club for men, look out.
[31:21.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.000 --> 31:38.000]  The government says that fire brought it down.
[31:38.000 --> 31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.000 --> 31:46.000]  Over 6,000 of my fellow service members have given their lives.
[31:46.000 --> 31:48.000]  Thousands of my fellow first responders are dying.
[31:48.000 --> 31:50.000]  I'm not a conspiracy theorist.
[31:50.000 --> 31:51.000]  I'm a structural engineer.
[31:51.000 --> 31:52.000]  I'm a New York City correction officer.
[31:52.000 --> 31:53.000]  I'm an Air Force pilot.
[31:53.000 --> 31:55.000]  I'm a father who lost his son.
[31:55.000 --> 31:57.000]  We're Americans, and we deserve the truth.
[31:57.000 --> 32:01.000]  Go to RememberBuilding7.org today.
[32:01.000 --> 32:05.000]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.000 --> 32:07.000]  In today's America, we live in an us-against-them society,
[32:07.000 --> 32:10.000]  and if we the people are ever going to have a free society,
[32:10.000 --> 32:13.000]  then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:15.000]  Among those rights are the right to travel freely from place to place,
[32:15.000 --> 32:17.000]  the right to act in our own private capacity,
[32:17.000 --> 32:20.000]  and most importantly, the right to due process of law.
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[32:22.000 --> 32:25.000]  to learn how to enforce and preserve our rights through due process.
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[32:28.000 --> 32:31.000]  has put together the most comprehensive teaching tool available
[32:31.000 --> 32:33.000]  that will help you understand what due process is
[32:33.000 --> 32:35.000]  and how to hold courts to the rule of law.
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[32:37.000 --> 32:40.000]  by going to ruleoflawradio.com and ordering your copy today.
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[32:42.000 --> 32:45.000]  The Texas Transportation Code, The Law Versus the Lie,
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[32:50.000 --> 32:54.000]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.000 --> 32:59.000]  Order your copy today, and together we can have the free society we all want and deserve.
[32:59.000 --> 33:10.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:10.000 --> 33:32.000]  I've got a warrant, and I'm going to solve them, to help government prosecute them.
[33:32.000 --> 33:47.000]  I need a prosecutor to come and help me prosecute them wicked leaders, you see.
[33:47.000 --> 33:49.000]  They're murderers, liars, they tell me.
[33:49.000 --> 33:51.000]  They're liars, they tell me stories.
[33:51.000 --> 33:53.000]  You don't believe me, say what they tell me.
[33:53.000 --> 33:56.000]  Three percent of Americans vote for Bush.
[33:56.000 --> 33:59.000]  So how the hell do you get the presidency?
[33:59.000 --> 34:02.000]  That's why we have a warrant for you.
[34:02.000 --> 34:04.000]  Everybody listen carefully.
[34:04.000 --> 34:08.000]  Listen to the word, don't let issues pass you.
[34:08.000 --> 34:10.000]  Okay, we are back.
[34:10.000 --> 34:15.000]  Randy Kelton and Deborah Stevens here with our special guest, Bob Tierney,
[34:15.000 --> 34:20.000]  and we've got Steve Skidmore lurking back there in the background again.
[34:20.000 --> 34:22.000]  Good evening, everybody.
[34:22.000 --> 34:30.000]  Okay, Bob, if I was underwater, in trouble, in default,
[34:30.000 --> 34:36.000]  how would I go about negotiating a short sale?
[34:36.000 --> 34:41.000]  Well, the homeowners don't negotiate the short sale.
[34:41.000 --> 34:43.000]  We actually do.
[34:43.000 --> 34:47.000]  So we negotiate the short sale on the homeowners' behalf.
[34:47.000 --> 34:54.000]  What would I as the homeowner need to know to bring to you
[34:54.000 --> 35:00.000]  so that you would have what you need to give me the best outcome?
[35:00.000 --> 35:07.000]  Well, first of all, we need the homeowners' cooperation in 100 percent,
[35:07.000 --> 35:09.000]  because when I go to negotiate with the bank,
[35:09.000 --> 35:14.000]  the bank has got a series of documents that they are going to require that we have,
[35:14.000 --> 35:17.000]  and including the taxes of the homeowner,
[35:17.000 --> 35:19.000]  and there's going to be a hardship letter of what happened
[35:19.000 --> 35:22.000]  and why they can't afford to pay their bills.
[35:22.000 --> 35:24.000]  They're going to require monthly bank statements sometimes.
[35:24.000 --> 35:26.000]  It just depends on the bank.
[35:26.000 --> 35:32.000]  And so as the negotiator, what I'll do is we'll do an evaluation of the property.
[35:32.000 --> 35:35.000]  We'll find out what its current market value is.
[35:35.000 --> 35:40.000]  We'll go through and do any estimates for repairs that need to be done to the property.
[35:40.000 --> 35:44.000]  And we submit the offer to the bank.
[35:44.000 --> 35:51.000]  The bank has a process through which they will then evaluate the property on their own.
[35:51.000 --> 35:55.000]  So they'll get my offer or the offer that our company submits,
[35:55.000 --> 35:58.000]  and then they're going to do what's called a BPO,
[35:58.000 --> 36:02.000]  and BPO stands for broker's price opinion.
[36:02.000 --> 36:07.000]  So now the bank is sending a broker out to evaluate the property
[36:07.000 --> 36:10.000]  what they think the property is worth.
[36:10.000 --> 36:13.000]  So this is an important piece of the puzzle,
[36:13.000 --> 36:18.000]  because if the broker that they send doesn't do a thorough job of seeing what the problems are
[36:18.000 --> 36:22.000]  with the property and, you know, making sure that they have accurate numbers,
[36:22.000 --> 36:26.000]  then this can prolong the short sale process or make it not easy.
[36:26.000 --> 36:31.000]  So I like to make sure that I'm there with the BPO agent
[36:31.000 --> 36:36.000]  just to make sure that they notice all the things that are wrong.
[36:36.000 --> 36:42.000]  And like I said, properties that have problems are a little bit better deals for us
[36:42.000 --> 36:45.000]  because the banks don't want to deal with the problems either.
[36:45.000 --> 36:51.000]  Once the BPO is done, then the bank will determine whether or not they will accept the offer.
[36:51.000 --> 36:54.000]  And sometimes the bank isn't even the one to make the decision
[36:54.000 --> 36:58.000]  because there has been an investor or group or somebody that has bought those mortgages.
[36:58.000 --> 37:02.000]  So this process can be long because they'll have to go back
[37:02.000 --> 37:06.000]  and ask the investors if they would like to take the offer.
[37:06.000 --> 37:10.000]  And so many times the negotiation process can take, you know,
[37:10.000 --> 37:12.000]  sometimes it can take six months or eight months.
[37:12.000 --> 37:15.000]  We've even had some take longer than that.
[37:15.000 --> 37:17.000]  There's also other factors.
[37:17.000 --> 37:22.000]  If there's IRS liens or tax liens or if there's a second mortgage or a third mortgage,
[37:22.000 --> 37:24.000]  I'm going to have to call those other companies,
[37:24.000 --> 37:29.000]  and they all have to agree to allow the short sale to happen.
[37:29.000 --> 37:34.000]  And so many times we find ourselves negotiating with multiple companies.
[37:34.000 --> 37:38.000]  At some point, if the bank says yes, that they will accept our offer,
[37:38.000 --> 37:44.000]  then they'll issue a letter that says that we have 30 days to close or something like that.
[37:44.000 --> 37:48.000]  And this is our payoff or short sale payoff approval letter.
[37:48.000 --> 37:56.000]  We set the closing, we buy the property, and we buy it for the price that we agreed.
[37:56.000 --> 38:00.000]  As from a homeowner's perspective, if they were going to have a short sale done,
[38:00.000 --> 38:03.000]  there's a few things that you should do as a homeowner.
[38:03.000 --> 38:07.000]  First of all, the bank has the right to give you deficiency judgment.
[38:07.000 --> 38:12.000]  So if the investors offer 200 grand and the homeowner owes 300 grand,
[38:12.000 --> 38:15.000]  there's a $100,000 difference, right?
[38:15.000 --> 38:17.000]  And well, when we negotiate with the banks,
[38:17.000 --> 38:21.000]  we let the banks know that the only way that we will buy the property
[38:21.000 --> 38:25.000]  is if they agree to not give a deficiency judgment to the homeowner,
[38:25.000 --> 38:27.000]  because I'm the homeowner's advocate.
[38:27.000 --> 38:30.000]  I want to make sure that we're taking care of them.
[38:30.000 --> 38:32.000]  So as a homeowner, I would want that.
[38:32.000 --> 38:36.000]  I would want to say, listen, if I do this short sale,
[38:36.000 --> 38:42.000]  I want part of the negotiation process to be that they're not going to have
[38:42.000 --> 38:45.000]  a deficiency judgment against us.
[38:45.000 --> 38:51.000]  So this gives the homeowner the advantage that they don't wind up
[38:51.000 --> 38:54.000]  with a foreclosure on their record.
[38:54.000 --> 38:55.000]  Correct.
[38:55.000 --> 38:56.000]  The foreclosure never occurs,
[38:56.000 --> 38:59.000]  so they don't end up with any negative or foreclosure on the record.
[38:59.000 --> 39:02.000]  The only thing they do have is late payments.
[39:02.000 --> 39:05.000]  And they don't wind up with the bank coming after them,
[39:05.000 --> 39:10.000]  even after they've taken the property for the deficiency.
[39:10.000 --> 39:12.000]  That's correct.
[39:12.000 --> 39:20.000]  And I would suspect that while negotiations for the short sale are in process,
[39:20.000 --> 39:26.000]  the bank would either voluntarily or be somehow stopped
[39:26.000 --> 39:30.000]  from further foreclosure proceedings.
[39:30.000 --> 39:31.000]  Is that correct?
[39:31.000 --> 39:33.000]  No, it's not correct.
[39:33.000 --> 39:38.000]  The short sale offer does not stop the foreclosure proceedings.
[39:38.000 --> 39:45.000]  So there is a timeline that we have to be cognizant of,
[39:45.000 --> 39:50.000]  because at any point that bank could file the sale date,
[39:50.000 --> 39:52.000]  and then if the bank does file the sale date
[39:52.000 --> 39:57.000]  and we haven't got the foreclosure or the short sale negotiated,
[39:57.000 --> 40:01.000]  then we go and try and get the bank to stop the sale date.
[40:01.000 --> 40:03.000]  So we'll ask for an extension.
[40:03.000 --> 40:07.000]  We'll ask for the bank to give us another 60 days,
[40:07.000 --> 40:10.000]  and that's a very common part of my business
[40:10.000 --> 40:13.000]  is asking the bank to give us extensions on the sale date
[40:13.000 --> 40:18.000]  to give us time to get the short sale negotiated and approved.
[40:18.000 --> 40:25.000]  Are the banks, do they tend to be amenable to these delays?
[40:25.000 --> 40:27.000]  It depends on the bank.
[40:27.000 --> 40:29.000]  Some banks have been great.
[40:29.000 --> 40:32.000]  Some banks have been very difficult to deal with.
[40:32.000 --> 40:35.000]  I think today it's a lot more streamlined,
[40:35.000 --> 40:39.000]  and the banks have gotten a lot more resources available to deal with this stuff
[40:39.000 --> 40:44.000]  than they did four and five years ago when it was just a complete train wreck.
[40:44.000 --> 40:52.000]  So we're finding that the banks are amenable to the offers,
[40:52.000 --> 41:01.000]  and we've successfully been able to short sale many properties over the years.
[41:01.000 --> 41:12.000]  So part of what we do, that interests me because if I'm trying to get the court
[41:12.000 --> 41:19.000]  and the bank to negotiate a short sale and they start the foreclosure process,
[41:19.000 --> 41:30.000]  then if we were to file, say, a petition for quiet title in the state court,
[41:30.000 --> 41:33.000]  it's not actually an action against the bank,
[41:33.000 --> 41:38.000]  but it would certainly give the bankers a reason
[41:38.000 --> 41:46.000]  or an excuse to stop the sale while this is going on.
[41:46.000 --> 41:50.000]  So we may have some tools to add to that to give a little bit more leverage
[41:50.000 --> 41:57.000]  in holding the banks off because that was one of the other advantages I was looking for,
[41:57.000 --> 42:01.000]  is a way to keep these people from being thrown out in the street
[42:01.000 --> 42:05.000]  while they're trying to negotiate a short sale.
[42:05.000 --> 42:13.000]  We have seen a number of situations where the banks have not acted in good faith at all.
[42:13.000 --> 42:21.000]  Do you find that the banks for the most part now are acting in good faith with the borrows?
[42:21.000 --> 42:29.000]  I've had banks tell me the sale was stopped and then the sale wasn't stopped.
[42:29.000 --> 42:31.000]  So they didn't tell me the truth.
[42:31.000 --> 42:34.000]  It's happened more than once in my career.
[42:34.000 --> 42:42.000]  It just depends on the bank and it depends on the person within the bank that you're dealing with.
[42:42.000 --> 42:49.000]  I'd actually like to see, as an investor, I'd like to be able to negotiate a short sale,
[42:49.000 --> 42:54.000]  have the short sale approved, be able to buy the house at the current market value,
[42:54.000 --> 42:59.000]  and keep the homeowner in the property by renting it back to them
[42:59.000 --> 43:02.000]  and helping them get their credit fixed.
[43:02.000 --> 43:07.000]  So these are some of the things that we as investors would love for the banks
[43:07.000 --> 43:13.000]  to encourage this type of process.
[43:13.000 --> 43:16.000]  This pays $150,000 or $200,000 upside down in their mortgage,
[43:16.000 --> 43:21.000]  and they're not paying their mortgage and they have been living in the house for free for a year or two.
[43:21.000 --> 43:24.000]  There has to be some resolution to this problem.
[43:24.000 --> 43:29.000]  And many of these homeowners, if they could be helped, would like to stay in the homes,
[43:29.000 --> 43:35.000]  especially if they could get $150,000 knocked off what they owed and rebuy it.
[43:35.000 --> 43:47.000]  So there's definitely some solutions if we put our heads together, we could create.
[43:47.000 --> 43:49.000]  Randy, you there?
[43:49.000 --> 43:53.000]  Somebody muted me again when I wasn't looking.
[43:53.000 --> 43:57.000]  Okay, this is Randy Kelton, Denver Stevens, RuPaul Radio.
[43:57.000 --> 44:02.000]  Andrew, we'll pick you up when we come back.
[44:02.000 --> 44:06.000]  Hello, my name is Stuart Smith from naturespureorganics.com,
[44:06.000 --> 44:12.000]  and I would like to invite you to come by our store at 1904 Guadalupe Street Sweet D here in Austin, Texas
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[44:30.000 --> 44:37.000]  Call 512-264-4043 or find us online at naturespureorganics.com.
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[44:43.000 --> 44:47.000]  Don't forget to like us on Facebook for information on events and our products.
[44:47.000 --> 45:01.000]  Naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:02.000 --> 46:25.000]  MUSIC
[46:25.000 --> 46:30.000]  Always I must be careful what I'm wishing for
[46:30.000 --> 46:35.000]  When I'm hungry, I like to know just what I'm fishing for
[46:35.000 --> 46:41.000]  I ain't asking for much, I ain't trying to be no glutton
[46:41.000 --> 46:47.000]  I'm just here making my living pushing buttons
[46:47.000 --> 46:54.000]  Okay, we are back. Randy Kelton, Deborah Stevens, here with our special guest, Bob Tierney,
[46:54.000 --> 47:03.000]  and we're going to go to Ms. Angie. She called in last night and we didn't get to all of her issues,
[47:03.000 --> 47:07.000]  so she's been hanging on for the whole time, so we're going to take Ms. Angie.
[47:07.000 --> 47:13.000]  We're opening our phone lines, so if you have a question for Bob, it would be great.
[47:13.000 --> 47:21.000]  If you're in foreclosure, looking at foreclosure, looking at possibly up-to-date,
[47:21.000 --> 47:28.000]  looking at getting behind, you might want to talk to Bob and kind of sort out what your options are.
[47:28.000 --> 47:32.000]  Hello, Ms. Angie. What do you have for us tonight?
[47:32.000 --> 47:41.000]  Hi, Randy. I was calling back in concerning the oligarchs, but I see that Joe is not on tonight.
[47:41.000 --> 47:43.000]  I can call back in.
[47:43.000 --> 47:53.000]  Okay, wait a minute. You are drifting in and out real bad. Are you using the speaker on your computer
[47:53.000 --> 47:55.000]  or do you have a headset?
[47:55.000 --> 47:59.000]  No, sir. I'm actually just talking on the phone.
[47:59.000 --> 48:02.000]  That's a lot better. Whatever you did, that's a lot better.
[48:02.000 --> 48:07.000]  Okay. Whatever you did, keep doing it. Okay, go ahead.
[48:07.000 --> 48:13.000]  We were going to talk tonight about the oligarchs, but with Joe.
[48:13.000 --> 48:15.000]  Joe's not here.
[48:15.000 --> 48:18.000]  Yeah, Joe had something came up and he's not going to make it in tonight.
[48:18.000 --> 48:21.000]  Not a problem. I can call when he is back on.
[48:21.000 --> 48:33.000]  But concerning the short sale now, that's actually what I was in the process of prior to all of this.
[48:33.000 --> 48:41.000]  So I defaulted last year in July and, of course, I was overseas, had an accident.
[48:41.000 --> 48:50.000]  That's gotten me to the place I am today and I was not even in the state recovering from surgeries and so forth.
[48:50.000 --> 49:00.000]  And I tried every way possible with the servicer and they said there was absolutely nothing they could do for me.
[49:00.000 --> 49:05.000]  So I had someone mention the short sale. I had never heard of it before.
[49:05.000 --> 49:08.000]  You know, I had no idea what it was all about.
[49:08.000 --> 49:14.000]  So what I did was Googled who dealt with short sales in the area where the house is.
[49:14.000 --> 49:22.000]  And so I talked with the real estate agent and actually got that process started.
[49:22.000 --> 49:30.000]  And it went the length of eight months and actually a month before it was approved,
[49:30.000 --> 49:37.000]  I learned of the fraudulence involved in the mortgages.
[49:37.000 --> 49:42.000]  So that's when that investigative process started.
[49:42.000 --> 49:50.000]  I started my journey in learning all of this new stuff and submitted a notice in demand for a full disclosure.
[49:50.000 --> 50:00.000]  I submitted that the very day that the short sale was approved and it stopped everything.
[50:00.000 --> 50:02.000]  They were dual tracking.
[50:02.000 --> 50:06.000]  The short sale was going on along with the foreclosure.
[50:06.000 --> 50:13.000]  So the short sale did not actually stop the foreclosure, just like I heard Bob mention.
[50:13.000 --> 50:18.000]  I thought it was actually supposed to, but I learned that it did not.
[50:18.000 --> 50:22.000]  But the notice in demand for full disclosure stopped everything
[50:22.000 --> 50:33.000]  and the investigative process has continued up until now.
[50:33.000 --> 50:35.000]  Hello?
[50:35.000 --> 50:37.000]  Did you have a question?
[50:37.000 --> 50:41.000]  Did you file an action against the lender?
[50:41.000 --> 50:43.000]  An action against the lender?
[50:43.000 --> 50:50.000]  I'm in the process of building that I'm getting all of my ducks in a row.
[50:50.000 --> 50:51.000]  Okay.
[50:51.000 --> 50:54.000]  Let me make a suggestion.
[50:54.000 --> 50:57.000]  Don't wait until you have all your ducks in a row.
[50:57.000 --> 50:59.000]  Are they already foreclosed?
[50:59.000 --> 51:01.000]  Oh, no, sir.
[51:01.000 --> 51:03.000]  So you're still in the property?
[51:03.000 --> 51:05.000]  Yes, sir.
[51:05.000 --> 51:08.000]  Do they have it scheduled for sale?
[51:08.000 --> 51:09.000]  No, sir.
[51:09.000 --> 51:16.000]  They do, but the short sale went through and then I started this investigative process demanding this
[51:16.000 --> 51:22.000]  and demanding that, and of course, as I said, I've gotten three responses to notice in demand
[51:22.000 --> 51:29.000]  for full disclosures and they still have not allowed me to see the original promissory note
[51:29.000 --> 51:36.000]  stating that they do not have to because they are not under a certain USC code.
[51:36.000 --> 51:39.000]  UCC 3-501.
[51:39.000 --> 51:46.000]  Yes, they said they are not under that code, so therefore they do not have to allow me to see it.
[51:46.000 --> 51:53.000]  Well, okay, perhaps, but have you challenged their standing?
[51:53.000 --> 51:54.000]  Okay, hold on.
[51:54.000 --> 51:56.000]  Let me back up.
[51:56.000 --> 52:01.000]  Have you looked at the documents filed with the county recorder?
[52:01.000 --> 52:02.000]  Oh, yes, sir.
[52:02.000 --> 52:04.000]  I have sent some.
[52:04.000 --> 52:07.000]  What do you find in there?
[52:07.000 --> 52:15.000]  Actually, I found, of course, the warranty deed, substitution of trustee.
[52:15.000 --> 52:16.000]  No, no, wait, wait, wait.
[52:16.000 --> 52:17.000]  Give me an order.
[52:17.000 --> 52:19.000]  There has to be a warranty deed.
[52:19.000 --> 52:26.000]  Okay, your Mississippi, is that a mortgage state or deed of trust state?
[52:26.000 --> 52:28.000]  Nonjudicial.
[52:28.000 --> 52:29.000]  Okay, deed of trust.
[52:29.000 --> 52:32.000]  There should be a warranty deed, a deed of trust.
[52:32.000 --> 52:33.000]  Yes.
[52:33.000 --> 52:42.000]  Then you may find an assignment of the mortgage.
[52:42.000 --> 52:46.000]  Yes, corporate assignment of deed of trust.
[52:46.000 --> 52:51.000]  Okay, who assigned the mortgage to who?
[52:51.000 --> 53:00.000]  Okay, and this is actually, I sent you a copy of the questions I had for the fellow that signed the corporate assignment deed of trust,
[53:00.000 --> 53:02.000]  trying to get answers concerning this.
[53:02.000 --> 53:04.000]  Let's see, a sign or?
[53:04.000 --> 53:05.000]  Okay, hold on, hold on.
[53:05.000 --> 53:12.000]  Who is named on the security instrument, the deed of trust, as the lender?
[53:12.000 --> 53:16.000]  The lender, let's see.
[53:16.000 --> 53:19.000]  Who did you get your loan with?
[53:19.000 --> 53:22.000]  Well, first they can trust.
[53:22.000 --> 53:25.000]  It's who I initially got it with.
[53:25.000 --> 53:29.000]  That's who I'm talking about.
[53:29.000 --> 53:32.000]  Okay, well actually it's gone through three different.
[53:32.000 --> 53:35.000]  Who is the original lender?
[53:35.000 --> 53:38.000]  The original lender is First Bank and Trust.
[53:38.000 --> 53:40.000]  Say that again.
[53:40.000 --> 53:45.000]  First Bank and Trust.
[53:45.000 --> 53:48.000]  Is that a local bank?
[53:48.000 --> 53:49.000]  Yes, sir.
[53:49.000 --> 53:50.000]  Okay.
[53:50.000 --> 53:52.000]  Is the bank still in business?
[53:52.000 --> 53:58.000]  Yes, I have gone through a series of talking to their attorney.
[53:58.000 --> 53:59.000]  Hold on, hold on.
[53:59.000 --> 54:01.000]  Okay.
[54:01.000 --> 54:03.000]  Is MERS included in the documentation?
[54:03.000 --> 54:06.000]  Yes, sir, it sure is.
[54:06.000 --> 54:15.000]  Did MERS do the assignment of deed of trust or did the bank do assignment of deed of trust?
[54:15.000 --> 54:18.000]  The assigner is MERS.
[54:18.000 --> 54:21.000]  The assignee is Wells Fargo.
[54:21.000 --> 54:24.000]  Okay.
[54:24.000 --> 54:32.000]  Have you had a chain of title audit done on the property?
[54:32.000 --> 54:34.000]  Yes, sir.
[54:34.000 --> 54:40.000]  Okay, you need that because this is what I suspect.
[54:40.000 --> 54:50.000]  You will find that the bank most likely before they filed the deed of trust in the county record
[54:50.000 --> 54:57.000]  sold the beneficial interest, the right to be paid to another entity.
[54:57.000 --> 55:01.000]  Sold, negotiated, whatever they did with it.
[55:01.000 --> 55:08.000]  So when they filed the deed of trust in the county record, they no longer had a right to receive payments.
[55:08.000 --> 55:17.000]  For the most part, the lender comes to the table as the pretender lender.
[55:17.000 --> 55:21.000]  They pose themselves as the source of funds.
[55:21.000 --> 55:26.000]  This is exactly what got Washington Mutual put out of business.
[55:26.000 --> 55:31.000]  Washington Mutual Bank would come to the table and say, I am the lender,
[55:31.000 --> 55:39.000]  and give the impression that Washington Mutual went to its Federal Reserve account
[55:39.000 --> 55:45.000]  and drew out from its Fractional Reserve account the funds to secure the warranty deed.
[55:45.000 --> 55:55.000]  And then they traded the warranty deed to you for a note, a promissory note, and a security instrument.
[55:55.000 --> 56:00.000]  When in fact they were not drawing money out of their Federal Reserve account,
[56:00.000 --> 56:06.000]  they were actually receiving the funds from Mexican and Colombian drug cartels.
[56:06.000 --> 56:10.000]  They would use that to purchase the warranty deed.
[56:10.000 --> 56:13.000]  Yeah, the FBI agent didn't like it when I told him that.
[56:13.000 --> 56:15.000]  Say that again.
[56:15.000 --> 56:18.000]  I tried to submit, yesterday as I mentioned,
[56:18.000 --> 56:25.000]  I tried to submit a final report of the crime concerning the fabricated elanjas,
[56:25.000 --> 56:31.000]  the forged documents, the altered documents, and of course I'll submit it.
[56:31.000 --> 56:36.000]  Okay, you filed criminal charges based on these?
[56:36.000 --> 56:41.000]  The elanjas. There are quite a few different things going on here.
[56:41.000 --> 56:43.000]  Okay, wait, wait, wait, hold on.
[56:43.000 --> 56:48.000]  I'm trying to follow a line here and you're leaping all over the place on me.
[56:48.000 --> 56:51.000]  And this is getting confusing.
[56:51.000 --> 56:56.000]  Let's follow one line down. I need to kind of figure out where you're at.
[56:56.000 --> 57:04.000]  If this bank, you need a securitization audit,
[57:04.000 --> 57:13.000]  the elanjas on the note may or may not reflect all of the hands that actually went through
[57:13.000 --> 57:22.000]  because that doesn't have to be signed if a party is not going to hold the property more than 60 days.
[57:22.000 --> 57:28.000]  They can hold it and pass it and their name will never appear on the note.
[57:28.000 --> 57:37.000]  They won't have to give the Real Estate Settlement Procedures Act notices or the Twins and Lending Act notices.
[57:37.000 --> 57:44.000]  So you need a good audit so that you have facts you can put before the court.
[57:44.000 --> 57:49.000]  And the primary place you have to look are those documents in the county record.
[57:49.000 --> 57:57.000]  If you can get one of those thrown out, the whole foreclosure goes away.
[57:57.000 --> 58:02.000]  We don't care about securitization. We don't care about them selling the note.
[58:02.000 --> 58:07.000]  We care about what's in that record. That's the only thing that's going to give them standing.
[58:07.000 --> 58:10.000]  Yes, and I have something to say about that.
[58:10.000 --> 58:15.000]  Okay, hang on. We are about to go to our top of the hour break.
[58:15.000 --> 58:21.000]  We will pick this up when we get back. This is Randy Kelton, Debra Stevens.
[58:21.000 --> 58:24.000]  We're here with our special guest, Bob Tierney.
[58:24.000 --> 58:30.000]  We have La Radio. Our call-in number is 512-646-1984.
[58:30.000 --> 58:33.000]  The call lines are open. We'll have them open all night.
[58:33.000 --> 58:39.000]  We'd like some questions on short sales if you have it, but we will take questions on any subject.
[58:39.000 --> 58:50.000]  So give us a call. We'll be right back on the other side.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:13.000]  It's an accurate translation, and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:24.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.000 --> 59:28.000]  growing in Christ, and how to build up the Church.
[59:28.000 --> 59:34.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:34.000 --> 59:45.000]  call Bibles for America toll free at 888-551-0102. That's 888-551-0102.
[59:45.000 --> 59:50.000]  Or visit us online at bfa.org.
[59:50.000 --> 01:00:03.000]  Live, free speech radio, logosradionetwork.com.
[01:00:03.000 --> 01:00:10.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:10.000 --> 01:00:15.000]  I'm Brian Hagan with the Liberty Beat for Friday, November 22, 2013.
[01:00:15.000 --> 01:00:22.000]  Gold opened today at $1,246, silver at $19.97, and Bitcoin is trading at $720.
[01:00:22.000 --> 01:00:26.000]  Support for the Liberty Beat comes from shinybadges.com,
[01:00:26.000 --> 01:00:31.000]  supplying the Liberty movement with lapel pins of their favorite anarchists and volunteer symbols,
[01:00:31.000 --> 01:00:35.000]  including the best-selling Badges Don't Grant Extra Rights KopLock badge.
[01:00:35.000 --> 01:00:38.000]  Check out the selection at shinybadges.com.
[01:00:38.000 --> 01:00:41.000]  Support also comes from the Center for Natural Living,
[01:00:41.000 --> 01:00:47.000]  hosting their first monthly meeting Saturday, November 23, from 4.30 to 7.30 at Brave New Books.
[01:00:47.000 --> 01:00:52.000]  The meeting will include a screening of Episodes 1 through 3 of Sovereign Living, the reality show.
[01:00:52.000 --> 01:00:55.000]  There will be activities and snacks for the kids, so bring the family.
[01:00:55.000 --> 01:00:59.000]  For information, go to centerfornaturalliving.org.
[01:00:59.000 --> 01:01:01.000]  In the news today, yesterday,
[01:01:01.000 --> 01:01:07.000]  federal agents conducted the largest raid on Colorado marijuana businesses since medical marijuana became legal.
[01:01:07.000 --> 01:01:12.000]  The Denver Post reports that search and seizure warrants were executed at multiple dispensaries
[01:01:12.000 --> 01:01:16.000]  and cultivation facilities, along with two private residences.
[01:01:16.000 --> 01:01:24.000]  Federal officials will only say that one of eight federal concerns about marijuana have potentially been violated.
[01:01:24.000 --> 01:01:27.000]  Yesterday, a magistrate judge denied bail for Ross Ulbrich,
[01:01:27.000 --> 01:01:32.000]  the California man accused of being Thread Pirate Roberts of the Silk Road Marketplace.
[01:01:32.000 --> 01:01:37.000]  The prosecution in the case argued that Ulbrich has been running a massive online drug empire
[01:01:37.000 --> 01:01:41.000]  and paid $730,000 to try to kill six people.
[01:01:41.000 --> 01:01:45.000]  Ulbrich's family denies the claim and asserts that he is not a murderer.
[01:01:48.000 --> 01:01:53.000]  The campaign is known as Hoodie the Homeless, spearheaded by Bitcoins, not bombs,
[01:01:53.000 --> 01:01:57.000]  and is intended to provide warm sweatshirts for the homeless of San Francisco.
[01:01:57.000 --> 01:02:00.000]  There's a lot of charities patch out food to people in need,
[01:02:00.000 --> 01:02:03.000]  but at this time of the year what's needed more are warm clothes.
[01:02:03.000 --> 01:02:08.000]  Bath activist Drew Phillips, who along with partner Dobby Barker, are working to see the initiative grow.
[01:02:08.000 --> 01:02:11.000]  Everything's being done in Bitcoin. We're raising funds in Bitcoin.
[01:02:11.000 --> 01:02:14.000]  We're spending the Bitcoins with mass appeal specialties or printer.
[01:02:14.000 --> 01:02:20.000]  Buy a shirt or hoodie for yourself, and those are priced so that you're also paying for one hoodie for somebody in need.
[01:02:20.000 --> 01:02:24.000]  To take part in the campaign, go to bitcoin.bombs.com.
[01:02:24.000 --> 01:02:28.000]  Support for the Liberty Beat comes from Cabo Bob's.
[01:02:28.000 --> 01:02:32.000]  Check out their new location at 29th and Rio Grande between Guadalupe and Lamar.
[01:02:32.000 --> 01:02:38.000]  Give them a call, 512-432-1111, or find them online at cabobobs.com.
[01:02:38.000 --> 01:02:44.000]  Support also comes from Central Texas Gunworks, CHL courses, self-defense training, and firearm sales.
[01:02:44.000 --> 01:02:47.000]  Online at centraltexasgunworks.com.
[01:02:47.000 --> 01:02:54.000]  This is the Liberty Beat for Friday, November 22nd. Be sure to check out the website at thelibertybeat.com.
[01:03:17.000 --> 01:03:24.000]  This is the Liberty Beat for Friday. Be sure to check out the website at thelibertybeat.com.
[01:03:47.000 --> 01:03:50.000]  Okay, we are back.
[01:03:50.000 --> 01:03:55.000]  Joe Esquivel is not here tonight. He's playing gookie.
[01:03:55.000 --> 01:03:56.000]  He is.
[01:03:56.000 --> 01:04:03.000]  Because the mama told him he had to do something, and he did what a real man does.
[01:04:03.000 --> 01:04:05.000]  Whatever she says.
[01:04:05.000 --> 01:04:09.000]  He knelt down and begged her not to beat him anymore.
[01:04:09.000 --> 01:04:12.000]  Well, we know he's not out fishing because it's raining.
[01:04:12.000 --> 01:04:14.000]  Oh, okay, good.
[01:04:14.000 --> 01:04:17.000]  Well, we're here with Bob Tierney.
[01:04:17.000 --> 01:04:21.000]  Bob Tierney is our expert on short sales.
[01:04:21.000 --> 01:04:25.000]  And we're talking to Ms. Angie in Mississippi.
[01:04:25.000 --> 01:04:31.000]  And you had something to say about chain of title, Ms. Angie?
[01:04:31.000 --> 01:04:36.000]  Yes, sir, about the documents from the kind of recording office.
[01:04:36.000 --> 01:04:40.000]  Oh, she's cutting out again.
[01:04:40.000 --> 01:04:44.000]  Yeah, whatever you were doing before, do it again.
[01:04:44.000 --> 01:04:45.000]  Okay.
[01:04:45.000 --> 01:04:46.000]  There you go.
[01:04:46.000 --> 01:04:48.000]  I'm not quite sure what that was, but okay.
[01:04:48.000 --> 01:04:50.000]  All right, can you hear me now?
[01:04:50.000 --> 01:04:51.000]  Yes.
[01:04:51.000 --> 01:04:55.000]  Without an echo. Okay, good.
[01:04:55.000 --> 01:05:04.000]  I purchased a home from First Bank and Trust, and it was directly sold to Trustmark.
[01:05:04.000 --> 01:05:12.000]  In the county record, the deed of trust is First Bank and Trust of Mississippi.
[01:05:12.000 --> 01:05:17.000]  There is absolutely nothing in the record concerning Trustmark.
[01:05:17.000 --> 01:05:22.000]  And then later on, it was sold to Wells Fargo.
[01:05:22.000 --> 01:05:23.000]  There is nothing.
[01:05:23.000 --> 01:05:25.000]  Okay, hold on, hold on.
[01:05:25.000 --> 01:05:30.000]  This is a common misconception.
[01:05:30.000 --> 01:05:36.000]  These entities became the servicers.
[01:05:36.000 --> 01:05:37.000]  Right.
[01:05:37.000 --> 01:05:41.000]  That doesn't mean anything was sold to them.
[01:05:41.000 --> 01:05:45.000]  They're just an agency that collects money.
[01:05:45.000 --> 01:05:46.000]  Okay.
[01:05:46.000 --> 01:05:49.000]  They're contracted to somebody.
[01:05:49.000 --> 01:05:56.000]  I can, the fact that Wells, you said Wells Fargo was in there?
[01:05:56.000 --> 01:05:58.000]  Who was the last one?
[01:05:58.000 --> 01:06:00.000]  The last one is Wells Fargo.
[01:06:00.000 --> 01:06:04.000]  You can be sure this was sold into a pass-through trust.
[01:06:04.000 --> 01:06:13.000]  And because it's in a pass-through trust, it can almost guarantee you that the beneficial interest of the note,
[01:06:13.000 --> 01:06:21.000]  the right to be paid on the note, was negotiated into a pass-through trust.
[01:06:21.000 --> 01:06:26.000]  The note that they won't produce, we know where that is.
[01:06:26.000 --> 01:06:28.000]  The servicer has it.
[01:06:28.000 --> 01:06:35.000]  If the note was sold into a pass-through trust, the servicer is the custodian of the record.
[01:06:35.000 --> 01:06:40.000]  And under Jenny Mae, they're required to have all of the documentation
[01:06:40.000 --> 01:06:43.000]  and hold all of the documentation until termination of the contract.
[01:06:43.000 --> 01:06:45.000]  They got it.
[01:06:45.000 --> 01:06:46.000]  Right.
[01:06:46.000 --> 01:06:48.000]  So they've always had it.
[01:06:48.000 --> 01:06:50.000]  But we don't care about that.
[01:06:50.000 --> 01:06:53.000]  What we care about is the right to be paid.
[01:06:53.000 --> 01:06:56.000]  And this is what I was talking about at the beginning.
[01:06:56.000 --> 01:07:03.000]  If they sold the right to be paid before they filed the deed of trust with the county recorder,
[01:07:03.000 --> 01:07:11.000]  that filing was fraudulent because the deed of trust was no longer enforceable.
[01:07:11.000 --> 01:07:17.000]  The only way they could enforce the deed of trust is if they were defaulted on,
[01:07:17.000 --> 01:07:20.000]  and they can't be defaulted on,
[01:07:20.000 --> 01:07:25.000]  because they have no right to expect payment.
[01:07:25.000 --> 01:07:28.000]  They sold that to somebody else.
[01:07:28.000 --> 01:07:34.000]  Now somebody else who bought that right to be paid, they can be defaulted on,
[01:07:34.000 --> 01:07:37.000]  but they're not holding the deed of trust.
[01:07:37.000 --> 01:07:39.000]  So they don't have one to invoke.
[01:07:39.000 --> 01:07:43.000]  The guy holding the deed of trust, he sold the right to be paid,
[01:07:43.000 --> 01:07:47.000]  so he cannot be harmed by non-payment.
[01:07:47.000 --> 01:07:54.000]  That means he cannot come to the court with an injury,
[01:07:54.000 --> 01:07:57.000]  so he can't invoke subject matter jurisdiction to the court.
[01:07:57.000 --> 01:08:02.000]  And because he does not have a right to be paid,
[01:08:02.000 --> 01:08:07.000]  because he has sold a portion of the note,
[01:08:07.000 --> 01:08:15.000]  and he did not sell it together with this security instrument as Covenant 20 requires him to do,
[01:08:15.000 --> 01:08:18.000]  that's a contractual breach.
[01:08:18.000 --> 01:08:26.000]  He defaulted on the contract, which affects voluntary rescission of the contract.
[01:08:26.000 --> 01:08:27.000]  He cannot collect it.
[01:08:27.000 --> 01:08:29.000]  That's the first thing you argue.
[01:08:29.000 --> 01:08:31.000]  Actually, that's the second thing you argue.
[01:08:31.000 --> 01:08:32.000]  You are in Mississippi.
[01:08:32.000 --> 01:08:38.000]  You need to look at how are documents filed in Mississippi.
[01:08:38.000 --> 01:08:44.000]  Are they filed electronically?
[01:08:44.000 --> 01:08:54.000]  Go find out, because 15 U.S.C. 7003 is an exclusion to 15 U.S.C. 7001.
[01:08:54.000 --> 01:09:04.000]  7001 authorizes electronic filing, and there's a UETA.
[01:09:04.000 --> 01:09:15.000]  Most state has adopted a, they've either adopted 15 U.S.C. 7001, or they've adopted their own version,
[01:09:15.000 --> 01:09:20.000]  which is generally UETA something, or whatever the state is.
[01:09:20.000 --> 01:09:25.000]  And it adopts 15 U.S.C. 7001.
[01:09:25.000 --> 01:09:29.000]  And all that does is authorize e-filing.
[01:09:29.000 --> 01:09:38.000]  Problem, 15 U.S.C. 7003 restricts e-filing in certain cases,
[01:09:38.000 --> 01:09:44.000]  and one of which is documents that are covered by the Uniform Commercial Code,
[01:09:44.000 --> 01:09:48.000]  which these contracts are.
[01:09:48.000 --> 01:09:55.000]  The only way they can e-file these documents is if all parties to the contract
[01:09:55.000 --> 01:10:01.000]  have given written permission for e-filing.
[01:10:01.000 --> 01:10:05.000]  So go see how the clerk is doing their e-filing.
[01:10:05.000 --> 01:10:08.000]  If they're not doing it right, you can go before the court,
[01:10:08.000 --> 01:10:13.000]  and the other side tries to bring this document, and you can object to it,
[01:10:13.000 --> 01:10:23.000]  as the court cannot see this document, as this document was not properly filed in the record.
[01:10:23.000 --> 01:10:31.000]  Texas has Property Code 13.01, which every other state is going to have something similar.
[01:10:31.000 --> 01:10:37.000]  It says that in order for anyone to enforce a claim against title,
[01:10:37.000 --> 01:10:45.000]  there must be a filing in the record, acknowledged or proven,
[01:10:45.000 --> 01:10:50.000]  and properly filed in the record showing that they have a claim against the property.
[01:10:50.000 --> 01:10:54.000]  It must be properly filed.
[01:10:54.000 --> 01:11:01.000]  If it's not properly filed, the document is not enforceable as to the holder.
[01:11:01.000 --> 01:11:11.000]  So here you have the bank created the mortgage,
[01:11:11.000 --> 01:11:15.000]  sold the beneficial interest of the note, and then came to the court
[01:11:15.000 --> 01:11:21.000]  and electronically filed this document in violation of 15 U.S. C-7003.
[01:11:21.000 --> 01:11:24.000]  Therefore, it is not properly filed.
[01:11:24.000 --> 01:11:27.000]  It is therefore unenforceable as to the holder.
[01:11:27.000 --> 01:11:33.000]  Every state will have that statute as if they don't have that statute.
[01:11:33.000 --> 01:11:36.000]  There's no reason to have the county registrar's office.
[01:11:36.000 --> 01:11:38.000]  Every state I've looked at so far has it.
[01:11:38.000 --> 01:11:42.000]  California has it. Colorado has it. Pennsylvania.
[01:11:42.000 --> 01:11:46.000]  I haven't looked in Mississippi, but you can be sure they have that in the property code.
[01:11:46.000 --> 01:11:47.000]  That's the first one.
[01:11:47.000 --> 01:11:52.000]  The second one you go to is the fact that they sold beneficial interest before they filed it.
[01:11:52.000 --> 01:11:57.000]  They didn't have a valid deed of trust when they filed it.
[01:11:57.000 --> 01:12:01.000]  Third one, they got MERS in the document. MERS is named as the nominee.
[01:12:01.000 --> 01:12:03.000]  What the heck is a nominee?
[01:12:03.000 --> 01:12:07.000]  They could have used agent, but they didn't. They used nominee.
[01:12:07.000 --> 01:12:10.000]  The lender created the document.
[01:12:10.000 --> 01:12:15.000]  The term nominee has been in court several times trying to figure out what it means.
[01:12:15.000 --> 01:12:21.000]  We don't care what it means. You are an unsophisticated purchaser.
[01:12:21.000 --> 01:12:27.000]  This is a consumer contract. You're an unsophisticated purchaser as a matter of law.
[01:12:27.000 --> 01:12:31.000]  If the lender created this contract and brought it to the table,
[01:12:31.000 --> 01:12:36.000]  any errors in the contract are attributed to the creator.
[01:12:36.000 --> 01:12:43.000]  If ordinary people of reasonable prudence could disagree on the meaning of a term,
[01:12:43.000 --> 01:12:48.000]  the term is too ambiguous to be enforceable.
[01:12:48.000 --> 01:12:52.000]  So the appointment of MERS is too ambiguous to be enforceable.
[01:12:52.000 --> 01:12:57.000]  It renders the contract too ambiguous to be enforceable, and we've got more of those.
[01:12:57.000 --> 01:13:03.000]  You go down to the first paragraph of the contract.
[01:13:03.000 --> 01:13:05.000]  The first section is all definitions.
[01:13:05.000 --> 01:13:09.000]  You get down to the transfer of property rights, transfers of property,
[01:13:09.000 --> 01:13:16.000]  to the trustee to hold in trust for both parties, for the benefit of both parties.
[01:13:16.000 --> 01:13:23.000]  The very next paragraph together with, it transfers the property together with all improvements
[01:13:23.000 --> 01:13:29.000]  or additions and it lists all the things that are included in the transfer of property rights.
[01:13:29.000 --> 01:13:34.000]  And right in the middle of that paragraph, they stuck this little sentence in there
[01:13:34.000 --> 01:13:44.000]  that said, you understand that MERS is not the beneficiary, but only holds legal title.
[01:13:44.000 --> 01:13:49.000]  Well, duh, what did they transfer to the trustee?
[01:13:49.000 --> 01:13:56.000]  There's only two claims on title, beneficial, legal.
[01:13:56.000 --> 01:14:00.000]  They transferred legal title to the trustee.
[01:14:00.000 --> 01:14:04.000]  Then they immediately took it away from the trustee and transferred it to MERS.
[01:14:04.000 --> 01:14:07.000]  That is not a deed of trust.
[01:14:07.000 --> 01:14:10.000]  It says deed of trust, but it is no such thing.
[01:14:10.000 --> 01:14:15.000]  That is a grant. That's a mortgage.
[01:14:15.000 --> 01:14:21.000]  In a mortgage, the property is transferred to the borrower, to the lender.
[01:14:21.000 --> 01:14:31.000]  In Texas, there's a statute 21.02, Texas torts and remedies, I believe.
[01:14:31.000 --> 01:14:38.000]  That's one of those that specifically, Texas Business Commerce Code 21.02,
[01:14:38.000 --> 01:14:49.000]  specifically forbids the lender from requiring the borrower to transfer the property to the lender.
[01:14:49.000 --> 01:14:53.000]  You're likely to have something different, something similar.
[01:14:53.000 --> 01:14:59.000]  In Texas's case, we can claim that the deed of trust breaches state law.
[01:14:59.000 --> 01:15:08.000]  But even if it didn't, the document is fraudulent in that it purports to create a trust when it does no such thing.
[01:15:08.000 --> 01:15:15.000]  And then you go down to never, ever claim Hopatilla Respa, because you're always out of time.
[01:15:15.000 --> 01:15:19.000]  It's only got one, two, three year limitations.
[01:15:19.000 --> 01:15:29.000]  Claim a breach of Hopatilla Respa as a contractual violation in violation of the notice requirements of Covenant 14
[01:15:29.000 --> 01:15:36.000]  and the severability requirements of Covenant 16 claim breach of contract.
[01:15:36.000 --> 01:15:40.000]  Is all this making sense, Angie?
[01:15:40.000 --> 01:15:44.000]  Well, if not, it's archived.
[01:15:44.000 --> 01:15:54.000]  Okay. Am I giving you enough information so that you understand you need to go back and look at those documents really close?
[01:15:54.000 --> 01:16:00.000]  This is not some vague, well, Your Honor, they bifurcated my note.
[01:16:00.000 --> 01:16:01.000]  Right.
[01:16:01.000 --> 01:16:09.000]  No, this is Covenant so-and-so said they may not do this, and here's where they did that.
[01:16:09.000 --> 01:16:16.000]  They breach the Covenant of the contract, and that goes to default.
[01:16:16.000 --> 01:16:21.000]  Well, I tried to submit a notice of default of the Deed of Trust contract.
[01:16:21.000 --> 01:16:24.000]  You know, first in line is first in time.
[01:16:24.000 --> 01:16:31.000]  But as I stated before, the clerks will not allow me, and I tried to file a complaint against the Chancery Clerk.
[01:16:31.000 --> 01:16:32.000]  Okay.
[01:16:32.000 --> 01:16:33.000]  Hold on, Holden.
[01:16:33.000 --> 01:16:36.000]  You're missing an important point.
[01:16:36.000 --> 01:16:41.000]  Here, you will never win your case simply because you have the law and the facts on your side.
[01:16:41.000 --> 01:16:43.000]  You're winning if you have the politics on your side.
[01:16:43.000 --> 01:16:47.000]  I always expect the judge to rule against you out of hand at every turn.
[01:16:47.000 --> 01:16:50.000]  Your only purpose in the trial court?
[01:16:50.000 --> 01:16:52.000]  Set the record for appeal.
[01:16:52.000 --> 01:16:54.000]  Randy Kelton, Deborah Stevens, Wheelbar Radio.
[01:16:54.000 --> 01:16:58.000]  I call in number 512-646-1984.
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[01:19:24.000 --> 01:19:36.000]  Well, ain't gonna fool me with that same old trick again.
[01:19:36.000 --> 01:19:41.000]  I was blindsided but now I can see your plan.
[01:19:41.000 --> 01:19:46.000]  You put the fear in my pocket, took the money from my hand.
[01:19:46.000 --> 01:19:51.000]  Ain't gonna fool me with that same old trick again.
[01:19:51.000 --> 01:19:56.000]  Okay, we are back.
[01:19:56.000 --> 01:20:02.000]  Randy Kelton and Debbie Stevens, Rue of La Radio, here with our special guest, Bob Tierney.
[01:20:02.000 --> 01:20:11.000]  And Angie, all of that, the point of that is, from what you've told me so far,
[01:20:11.000 --> 01:20:18.000]  you haven't told me, oh, hold on, have you ever been through jurisdiction here?
[01:20:18.000 --> 01:20:21.000]  Did I ask you this last night?
[01:20:21.000 --> 01:20:24.000]  Yes, sir, and I will be getting that very soon.
[01:20:24.000 --> 01:20:31.000]  Okay, go through jurisdiction area and you'll understand where I'm going.
[01:20:31.000 --> 01:20:38.000]  You're getting frustrated because the judge is not ruling in your favor.
[01:20:38.000 --> 01:20:39.000]  Who cares?
[01:20:39.000 --> 01:20:43.000]  I was just trying to submit a document in the county record.
[01:20:43.000 --> 01:20:48.000]  Oh, okay, we need to explain about this.
[01:20:48.000 --> 01:20:56.000]  I'd never ask a public official to do something that I actually want him to do.
[01:20:56.000 --> 01:21:01.000]  I go down and, you know, we had people that tried to file documents in the record
[01:21:01.000 --> 01:21:04.000]  and the clerk wouldn't let them.
[01:21:04.000 --> 01:21:07.000]  I'd go 9-1-1.
[01:21:07.000 --> 01:21:10.000]  Right, I have not used that tactic.
[01:21:10.000 --> 01:21:13.000]  You don't want to take my record? Okay.
[01:21:13.000 --> 01:21:15.000]  We can handle that.
[01:21:15.000 --> 01:21:16.000]  I dial 9-1-1.
[01:21:16.000 --> 01:21:18.000]  I get a policeman down there.
[01:21:18.000 --> 01:21:24.000]  Generally, they'll send over a bailiff and I'll ask the bailiff to arrest the clerk.
[01:21:24.000 --> 01:21:26.000]  And the bailiff will get real excited.
[01:21:26.000 --> 01:21:30.000]  He'll start doing this little chicken dance where he shifts from one foot to the other.
[01:21:30.000 --> 01:21:32.000]  Oh, I can't arrest the clerk.
[01:21:32.000 --> 01:21:35.000]  Chicken, just throw the cuffs on her and drag her off the jail.
[01:21:35.000 --> 01:21:37.000]  Heck, it'll be fun and interesting.
[01:21:37.000 --> 01:21:38.000]  Stand around here all day doing nothing.
[01:21:38.000 --> 01:21:39.000]  Boring.
[01:21:39.000 --> 01:21:41.000]  Have a little excitement.
[01:21:41.000 --> 01:21:43.000]  They always tell me they want the excitement.
[01:21:43.000 --> 01:21:46.000]  Come on, bailiff, take your chicken suit off.
[01:21:46.000 --> 01:21:47.000]  Go arrest her.
[01:21:47.000 --> 01:21:48.000]  It'll be great fun.
[01:21:48.000 --> 01:21:51.000]  Well, they won't arrest her.
[01:21:51.000 --> 01:21:58.000]  Then I filed criminal charges against the bailiff for misfeasance in office.
[01:21:58.000 --> 01:22:01.000]  And he's going to say, what did I do?
[01:22:01.000 --> 01:22:04.000]  I said, well, you didn't do your job, brother.
[01:22:04.000 --> 01:22:06.000]  Well, I can't arrest the clerk.
[01:22:06.000 --> 01:22:07.000]  You probably can't.
[01:22:07.000 --> 01:22:08.000]  That's okay.
[01:22:08.000 --> 01:22:13.000]  I'm sure when you explain this to a grand jury, they'll understand that.
[01:22:13.000 --> 01:22:15.000]  No problem.
[01:22:15.000 --> 01:22:20.000]  I'd never ask them to do something I actually want them to do.
[01:22:20.000 --> 01:22:26.000]  Because if they do what I ask them to do, I can't create any politics.
[01:22:26.000 --> 01:22:31.000]  You will never win your case simply because you have the law and the facts on your side.
[01:22:31.000 --> 01:22:34.000]  To think so is naive.
[01:22:34.000 --> 01:22:36.000]  It's not that way now.
[01:22:36.000 --> 01:22:41.000]  It never has been that way since we've had judges.
[01:22:41.000 --> 01:22:45.000]  You'll win your case if you have the politics on your side.
[01:22:45.000 --> 01:22:49.000]  So if the clerk doesn't want to take my documents, wonderful.
[01:22:49.000 --> 01:22:54.000]  I'll sue the clerk for whatever this foreclosure costs me.
[01:22:54.000 --> 01:22:59.000]  Because the clerk interfered with my ability to protect my property.
[01:22:59.000 --> 01:23:02.000]  That's not hard to fix, I guarantee you.
[01:23:02.000 --> 01:23:07.000]  And whatever you do, don't get frustrated with them.
[01:23:07.000 --> 01:23:12.000]  They are very, very good at confrontation.
[01:23:12.000 --> 01:23:17.000]  If they can push one of your buttons and get you to dance for them, that's what they do.
[01:23:17.000 --> 01:23:19.000]  That's what they're good at.
[01:23:19.000 --> 01:23:30.000]  I had a police officer in Mansfield tell the city attorney that I was agitated.
[01:23:30.000 --> 01:23:34.000]  I knew the lawyer's brother, who was Ken Magnuson.
[01:23:34.000 --> 01:23:39.000]  He called me and told me that the officer told his brother that I was agitated.
[01:23:39.000 --> 01:23:50.000]  I said, Ken, ask Craig to ask that officer if I got agitated before I told him to take his chicken suit off
[01:23:50.000 --> 01:23:55.000]  or after I told him to take his chicken suit off.
[01:23:55.000 --> 01:24:05.000]  Always think what will play well in front of a jury of my peers.
[01:24:05.000 --> 01:24:17.000]  If they do something and you get upset and frustrated, the first words out of their mouth will be, she was agitated.
[01:24:17.000 --> 01:24:25.000]  And that is a standard term to discredit anything you do.
[01:24:25.000 --> 01:24:34.000]  If you go in there with it in your mind that you never ask them to do anything you actually want them to do,
[01:24:34.000 --> 01:24:43.000]  because when they don't do it, you get the clobber on good and improve your position.
[01:24:43.000 --> 01:24:48.000]  We sent some documents to the Tarrant County clerk's office.
[01:24:48.000 --> 01:24:55.000]  A notice of default and a notice of revocation of an assignment of a substitute trustee.
[01:24:55.000 --> 01:24:58.000]  And she sent them back without filing them.
[01:24:58.000 --> 01:25:00.000]  That'll work.
[01:25:00.000 --> 01:25:02.000]  You don't want me to protect my property?
[01:25:02.000 --> 01:25:03.000]  Works for me.
[01:25:03.000 --> 01:25:08.000]  I'll sue you for the amount that I'm going to lose.
[01:25:08.000 --> 01:25:10.000]  I'm not going to get excited.
[01:25:10.000 --> 01:25:20.000]  I'm in good shape and I guarantee you, when you sue that clerk for misfeasance in office,
[01:25:20.000 --> 01:25:26.000]  you'll get a real fast call telling you to come down and file those documents.
[01:25:26.000 --> 01:25:29.000]  Larry Reese, we're going to try to get him on later.
[01:25:29.000 --> 01:25:31.000]  That's exactly what happened to him.
[01:25:31.000 --> 01:25:32.000]  He went to file documents.
[01:25:32.000 --> 01:25:33.000]  They wouldn't file them.
[01:25:33.000 --> 01:25:34.000]  Called me.
[01:25:34.000 --> 01:25:36.000]  I seen him to the county sheriff.
[01:25:36.000 --> 01:25:37.000]  Went to the sheriff.
[01:25:37.000 --> 01:25:38.000]  Sheriff took his complaint.
[01:25:38.000 --> 01:25:42.000]  The next morning, bright and early, he got a call from the clerk asking him to come on down
[01:25:42.000 --> 01:25:45.000]  and file those documents.
[01:25:45.000 --> 01:25:48.000]  I thought you complained at the sheriff's department and...
[01:25:48.000 --> 01:25:49.000]  No, no, no.
[01:25:49.000 --> 01:25:51.000]  You're going to start that again.
[01:25:51.000 --> 01:25:54.000]  The sheriff didn't take your complaint?
[01:25:54.000 --> 01:25:55.000]  Oh, wonderful.
[01:25:55.000 --> 01:26:00.000]  Now you can sue him and go to the district attorney and file against the sheriff.
[01:26:00.000 --> 01:26:04.000]  And the district attorney is not going to take your complaint.
[01:26:04.000 --> 01:26:08.000]  And then you go bushwhack a district judge in his courtroom and drop him on him.
[01:26:08.000 --> 01:26:12.000]  And when he refuses to perform his duty as a magistrate, you file criminal charges against him
[01:26:12.000 --> 01:26:14.000]  with the state attorney general.
[01:26:14.000 --> 01:26:19.000]  And the district judge is going to be really, really unhappy.
[01:26:19.000 --> 01:26:22.000]  And this creates politics.
[01:26:22.000 --> 01:26:27.000]  I don't ever want to get anybody indicted.
[01:26:27.000 --> 01:26:28.000]  Never.
[01:26:28.000 --> 01:26:31.000]  I file all these complaints, but I never want anybody indicted.
[01:26:31.000 --> 01:26:34.000]  This is all about politics.
[01:26:34.000 --> 01:26:37.000]  Whatever you do, do not let them frustrate you.
[01:26:37.000 --> 01:26:41.000]  Just go to the next step.
[01:26:41.000 --> 01:26:43.000]  You are the master.
[01:26:43.000 --> 01:26:46.000]  They are the servants.
[01:26:46.000 --> 01:26:49.000]  They forget that you should not.
[01:26:49.000 --> 01:26:53.000]  They don't want to do their job, you go to the next one.
[01:26:53.000 --> 01:27:00.000]  And I can tell you from a long time experience, this really, really gets their attention.
[01:27:00.000 --> 01:27:07.000]  When you don't argue with them, when you don't bandy words with them,
[01:27:07.000 --> 01:27:11.000]  you ask them to do what the law requires them to do.
[01:27:11.000 --> 01:27:15.000]  And when they fail to do it, you just go to the next step.
[01:27:15.000 --> 01:27:22.000]  I was just in the city of Arlington, Justice of the Peace Office.
[01:27:22.000 --> 01:27:24.000]  And I asked to see some records.
[01:27:24.000 --> 01:27:25.000]  She brought the records.
[01:27:25.000 --> 01:27:28.000]  She said, well, she said, who are you with?
[01:27:28.000 --> 01:27:30.000]  I said, look behind me, look back.
[01:27:30.000 --> 01:27:31.000]  I said, nobody back there.
[01:27:31.000 --> 01:27:33.000]  She said, I need to know who you're with.
[01:27:33.000 --> 01:27:37.000]  I said, I am here in my personal capacity.
[01:27:37.000 --> 01:27:41.000]  She grabbed up the records, turned and walked away with them.
[01:27:41.000 --> 01:27:44.000]  Well, interesting.
[01:27:44.000 --> 01:27:47.000]  I called the, there was a constable in the back of the room.
[01:27:47.000 --> 01:27:48.000]  I called the constable.
[01:27:48.000 --> 01:27:49.000]  He ignored me.
[01:27:49.000 --> 01:27:54.000]  So I screamed out in the room, you constable, get out of here.
[01:27:54.000 --> 01:27:55.000]  He comes over.
[01:27:55.000 --> 01:27:57.000]  What can I do for you?
[01:27:57.000 --> 01:27:59.000]  Arrest that clerk.
[01:27:59.000 --> 01:28:01.000]  Well, I'm not going to arrest the clerk.
[01:28:01.000 --> 01:28:05.000]  Well, she just took my records, wouldn't let me see them.
[01:28:05.000 --> 01:28:07.000]  Well, I'm not going to arrest the clerk.
[01:28:07.000 --> 01:28:08.000]  Okay, that'll work.
[01:28:08.000 --> 01:28:13.000]  I turned my back to him, took out my cell phone, dialed 911.
[01:28:13.000 --> 01:28:16.000]  To get the dispatcher, I asked him to send an officer over to arrest.
[01:28:16.000 --> 01:28:20.000]  I turned around, looked at the bay, at the constable, said, what's your name?
[01:28:20.000 --> 01:28:21.000]  He tells me.
[01:28:21.000 --> 01:28:28.000]  I told the dispatcher to arrest him and whoever this clerk is over here, I'll wait for you outside.
[01:28:28.000 --> 01:28:30.000]  I'll swear out the complaint.
[01:28:30.000 --> 01:28:32.000]  And I walked outside.
[01:28:32.000 --> 01:28:36.000]  What do you think they're thinking back there?
[01:28:36.000 --> 01:28:38.000]  What the heck is going on?
[01:28:38.000 --> 01:28:43.000]  The Arlington Police Department showed up, this big old fat sergeant, all huffy puffy.
[01:28:43.000 --> 01:28:45.000]  What can I do for you?
[01:28:45.000 --> 01:28:50.000]  Well, you can arrest that constable right over there and go up there and arrest that clerk who wouldn't give me those records.
[01:28:50.000 --> 01:28:53.000]  We're not going to arrest anybody here today.
[01:28:53.000 --> 01:28:55.000]  What did they send you for?
[01:28:55.000 --> 01:28:56.000]  You're worthless.
[01:28:56.000 --> 01:28:57.000]  You can go.
[01:28:57.000 --> 01:28:58.000]  You're dismissed.
[01:28:58.000 --> 01:28:59.000]  Beat it.
[01:28:59.000 --> 01:29:00.000]  I take out my cell phone.
[01:29:00.000 --> 01:29:03.000]  I'm dialing 911 again.
[01:29:03.000 --> 01:29:05.000]  Get the chief of police.
[01:29:05.000 --> 01:29:07.000]  I tried to get the chief of police and got some captain.
[01:29:07.000 --> 01:29:11.000]  I'm just chewing him out, up one side and down the other.
[01:29:11.000 --> 01:29:15.000]  It was just great fun.
[01:29:15.000 --> 01:29:21.000]  Next time I come in there, these guys could not be nice enough to me.
[01:29:21.000 --> 01:29:23.000]  Right.
[01:29:23.000 --> 01:29:24.000]  They did.
[01:29:24.000 --> 01:29:27.000]  Bailey told me I had to turn my cell phone off.
[01:29:27.000 --> 01:29:28.000]  I said no.
[01:29:28.000 --> 01:29:30.000]  And the clerk said, well, we have this policy.
[01:29:30.000 --> 01:29:31.000]  I said, well, you got a policy.
[01:29:31.000 --> 01:29:32.000]  I got a statute.
[01:29:32.000 --> 01:29:33.000]  I got a constitution.
[01:29:33.000 --> 01:29:35.000]  And I got a court decision.
[01:29:35.000 --> 01:29:38.000]  You can use your policy for toilet paper.
[01:29:38.000 --> 01:29:41.000]  She said, well, never mind, never mind.
[01:29:41.000 --> 01:29:44.000]  They didn't want any more fights.
[01:29:44.000 --> 01:29:47.000]  That part we can handle.
[01:29:47.000 --> 01:29:50.000]  So I'll finish this up with a comeback on the other side.
[01:29:50.000 --> 01:29:57.000]  This is Randy Kelton, Debbie Stevens, Joe Esquivel, Steve Skidmore, and Bob Tierney.
[01:29:57.000 --> 01:30:02.000]  We're all here tonight, really.
[01:30:02.000 --> 01:30:03.000]  Ugg.
[01:30:03.000 --> 01:30:06.000]  Folks hate Monday because it means the start of another work week.
[01:30:06.000 --> 01:30:11.000]  But there's one activity you can start on Monday that's likely to be a smashing success.
[01:30:11.000 --> 01:30:15.000]  I'm Dr. Catherine Albrecht, and I'll be right back to tell you what it is.
[01:30:42.000 --> 01:30:45.000]  Startpage.com, the world's most private search engine.
[01:30:45.000 --> 01:30:50.000]  Monday's diet is full of grace, but Tuesday's diet could be a disgrace.
[01:30:50.000 --> 01:30:57.000]  A study in Britain shows that people who started dieting on a Tuesday were the most likely to lose their resolve within a week
[01:30:57.000 --> 01:30:59.000]  and end up heavier than when they started.
[01:30:59.000 --> 01:31:01.000]  Friday was another bad weight loss day.
[01:31:01.000 --> 01:31:07.000]  More than half of the 2,000 people surveyed ditched their diets on Friday after a stressful week at work.
[01:31:07.000 --> 01:31:09.000]  What were the good dieting days?
[01:31:09.000 --> 01:31:16.000]  People who started their diets on Sunday and Monday were far more likely to shed the most weight and keep the weight off.
[01:31:16.000 --> 01:31:22.000]  So maybe Fleetwood Mac had it right when they sang, Monday morning, you sure looked fine.
[01:31:22.000 --> 01:31:23.000]  I'm Dr. Catherine Albrecht.
[01:31:23.000 --> 01:31:30.000]  More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:38.000]  Here at Zombie Killer Ammo and Guns, we believe that the Second Amendment guarantees our rights as citizens to be able to defend ourselves and our loved ones.
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[01:31:43.000 --> 01:31:50.000]  So if you're going to be in the Corpus Christi area, give us a call at 361-704-6103.
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[01:33:01.000 --> 01:33:30.000]  Looking for some truth? You found it. LogosradioNetwork.com.
[01:33:31.000 --> 01:33:54.000]  Okay, we are back, Randy Kelton and Debbie Stevens here with Bob Tierney, and we're talking to Angie in Mississippi.
[01:33:54.000 --> 01:34:01.000]  Angie, I know I'm moving kind of quickly through a lot of stuff.
[01:34:01.000 --> 01:34:12.000]  I'm not so much trying to give you specifics as to give you an idea of an overall strategy of how to handle this.
[01:34:12.000 --> 01:34:21.000]  If you get jurisdiction and go through it, a lot of your questions will be answered on the technical part.
[01:34:21.000 --> 01:34:24.000]  I'd like to say something about jurisdiction here if you don't mind, Randy.
[01:34:24.000 --> 01:34:25.000]  Go ahead.
[01:34:25.000 --> 01:34:36.000]  If you're a pro se litigant and you're, or if you're planning on hiring counsel, it is an absolute must.
[01:34:36.000 --> 01:34:39.000]  Counsel, look at counsel like a chainsaw.
[01:34:39.000 --> 01:34:46.000]  You don't just go buy a new chainsaw, take it out of the box and fire it up and expect trees to magically fall down around you.
[01:34:46.000 --> 01:34:51.000]  You got to read the owner's manual.
[01:34:51.000 --> 01:34:52.000]  Let me tell you about that.
[01:34:52.000 --> 01:34:59.000]  Steve borrowed one of my chainsaws and came back complaining about how hard it was to use.
[01:34:59.000 --> 01:35:02.000]  And I took it and jerked the cord.
[01:35:02.000 --> 01:35:05.000]  What's that noise?
[01:35:05.000 --> 01:35:06.000]  Go ahead.
[01:35:06.000 --> 01:35:11.000]  But you got to read that owner's manual to know how to work the tool.
[01:35:11.000 --> 01:35:13.000]  And that's what an attorney is.
[01:35:13.000 --> 01:35:18.000]  So Jurisdictionary is that owner's manual for that attorney.
[01:35:18.000 --> 01:35:28.000]  If you're going into court bareback, Jurisdictionary is an absolute requisite.
[01:35:28.000 --> 01:35:30.000]  That's your owner's manual.
[01:35:30.000 --> 01:35:32.000]  Read it.
[01:35:32.000 --> 01:35:33.000]  Listen to it.
[01:35:33.000 --> 01:35:35.000]  Absorb it.
[01:35:35.000 --> 01:35:38.000]  You'll be a much better litigant for it.
[01:35:38.000 --> 01:35:44.000]  Angie, when I get a caller in who's been through Jurisdictionary, I can tell.
[01:35:44.000 --> 01:35:48.000]  I had Mark from Wisconsin called in a problem with one of his children.
[01:35:48.000 --> 01:35:50.000]  I said, you ought to file it.
[01:35:50.000 --> 01:35:52.000]  He was trying to get them to do stuff and they wouldn't.
[01:35:52.000 --> 01:35:54.000]  I said, you ought to file a writ of mandamus.
[01:35:54.000 --> 01:35:56.000]  He said, I did that.
[01:35:56.000 --> 01:36:05.000]  I went on a little bit and I said, well, that really calls for a challenge subject matter of Jurisdictionary.
[01:36:05.000 --> 01:36:06.000]  I did that.
[01:36:06.000 --> 01:36:08.000]  Everything I mentioned, he said, I did that.
[01:36:08.000 --> 01:36:11.000]  I said, have you been through Jurisdictionary?
[01:36:11.000 --> 01:36:14.000]  Oh yeah, I've been through Jurisdictionary.
[01:36:14.000 --> 01:36:20.000]  It will give you a really good understanding of all of the basics.
[01:36:20.000 --> 01:36:30.000]  And then the most important thing when you go in there is you need to remember they are the servants.
[01:36:30.000 --> 01:36:34.000]  You are the master.
[01:36:34.000 --> 01:36:36.000]  Treat them like you are their master.
[01:36:36.000 --> 01:36:41.000]  And you know, if you're the CEO of a company and the guy in the mail room is messing up,
[01:36:41.000 --> 01:36:45.000]  you don't go to the guy in the mail room and chew him out.
[01:36:45.000 --> 01:36:52.000]  You go to the executive vice president and ask him, why are you putting people in my mail room that aren't doing their job
[01:36:52.000 --> 01:36:55.000]  or why are your people not managing them?
[01:36:55.000 --> 01:36:58.000]  And then it goes down to the bottom.
[01:36:58.000 --> 01:37:02.000]  By the time it gets to the guy in the mail room, he's got a problem.
[01:37:02.000 --> 01:37:05.000]  Well, we can't start at the stop and go down.
[01:37:05.000 --> 01:37:12.000]  But in this context, we start from where we're at and work our way up.
[01:37:12.000 --> 01:37:15.000]  If the person you're dealing with doesn't do what they're supposed to,
[01:37:15.000 --> 01:37:23.000]  you go to the person who has power over that person and take them to task.
[01:37:23.000 --> 01:37:31.000]  This will, by thinking that I never ask anybody to do what I really want them to do,
[01:37:31.000 --> 01:37:33.000]  actually, I do want them to do.
[01:37:33.000 --> 01:37:36.000]  I don't want to have all these problems.
[01:37:36.000 --> 01:37:44.000]  But if I do have one, if they don't do what they're supposed to do, I've got lots of stuff I can do.
[01:37:44.000 --> 01:37:52.000]  But having lots of stuff I can do keeps me from getting frustrated and losing my perspective.
[01:37:52.000 --> 01:37:55.000]  It makes this a whole lot easier to go through.
[01:37:55.000 --> 01:38:04.000]  You are at a terrible disadvantage because you have a dog in this hunt.
[01:38:04.000 --> 01:38:08.000]  That puts you at a terrible disadvantage.
[01:38:08.000 --> 01:38:17.000]  When I went into court and represented myself in Cherokee County, I was absolutely incompetent.
[01:38:17.000 --> 01:38:26.000]  In spite of all that I know, I had a dog in that hunt and I was incompetent to represent myself.
[01:38:26.000 --> 01:38:31.000]  You are incompetent to represent yourself because you're going to respond,
[01:38:31.000 --> 01:38:38.000]  react and respond emotionally to what goes on if you cannot insulate yourself from that.
[01:38:38.000 --> 01:38:42.000]  You're not going to have a chance.
[01:38:42.000 --> 01:38:49.000]  So keep in mind you don't care what happens in the trial court.
[01:38:49.000 --> 01:38:58.000]  According to Dr. Gray's Jurisdictionary, your only purpose in the trial court is to set the record for appeal.
[01:38:58.000 --> 01:39:01.000]  Let the judge rule any way he wants to.
[01:39:01.000 --> 01:39:02.000]  You don't care.
[01:39:02.000 --> 01:39:04.000]  You got it on the record.
[01:39:04.000 --> 01:39:06.000]  That's all you care.
[01:39:06.000 --> 01:39:07.000]  He rules against you.
[01:39:07.000 --> 01:39:09.000]  You object.
[01:39:09.000 --> 01:39:11.000]  You've saved it for appeal.
[01:39:11.000 --> 01:39:13.000]  You go on to the next one.
[01:39:13.000 --> 01:39:18.000]  And when the public officials don't do what they're supposed to,
[01:39:18.000 --> 01:39:30.000]  the only problem you'll have with that once you get the technique down is you'll tend to have way too much fun with it.
[01:39:30.000 --> 01:39:38.000]  I have to watch myself because it is so much fun doing that tour.
[01:39:38.000 --> 01:39:50.000]  But it is very powerful and it will help insulate you from personally responding to what's going on.
[01:39:50.000 --> 01:39:53.000]  Get Jurisdictionary.
[01:39:53.000 --> 01:39:55.000]  Call in next Friday.
[01:39:55.000 --> 01:39:59.000]  I'd like to spend another 30 minutes to an hour with you then, but we're kind of running out of time.
[01:39:59.000 --> 01:40:01.000]  We've got a bunch of calls.
[01:40:01.000 --> 01:40:02.000]  Okay.
[01:40:02.000 --> 01:40:03.000]  Thank you all so much.
[01:40:03.000 --> 01:40:05.000]  You are most welcome.
[01:40:05.000 --> 01:40:06.000]  Thank you, Andrew.
[01:40:06.000 --> 01:40:08.000]  Okay.
[01:40:08.000 --> 01:40:10.000]  We're going to go to Francis.
[01:40:10.000 --> 01:40:11.000]  Before we do.
[01:40:11.000 --> 01:40:12.000]  Before we do.
[01:40:12.000 --> 01:40:16.000]  You want me to remind you about the fund?
[01:40:16.000 --> 01:40:20.000]  Yes.
[01:40:20.000 --> 01:40:33.000]  Longevity is putting on a program to raise funds for the victims of the typhoon in the Philippines.
[01:40:33.000 --> 01:40:38.000]  If anybody would like to donate, they're going to be sending food to the Philippines.
[01:40:38.000 --> 01:40:46.000]  You can go to the Logos Radio Network and click on the banner for Longevity,
[01:40:46.000 --> 01:40:53.000]  and there will be a place where you can donate for food for these people that are in horrible shape right there right now.
[01:40:53.000 --> 01:40:56.000]  They need all of the help they can get.
[01:40:56.000 --> 01:41:08.000]  Longevity, everything you donate to them will go to these victims in the Philippines.
[01:41:08.000 --> 01:41:13.000]  They'll keep nothing unlike a lot of these supposed relief agencies.
[01:41:13.000 --> 01:41:16.000]  You keep 80 to 90% of it for operating costs.
[01:41:16.000 --> 01:41:18.000]  This will go directly to them.
[01:41:18.000 --> 01:41:25.000]  So go to Logos Radio Network and click on the banner and send them something.
[01:41:25.000 --> 01:41:30.000]  These people are in tremendous difficulty right now.
[01:41:30.000 --> 01:41:31.000]  They've lost everything.
[01:41:31.000 --> 01:41:38.000]  Last week we had Jonathan Nasset on, and he was supposed to come in this week, but something happened.
[01:41:38.000 --> 01:41:40.000]  He couldn't make it in.
[01:41:40.000 --> 01:41:46.000]  But Jonathan was there just a month before this happened.
[01:41:46.000 --> 01:41:58.000]  He was on the same island where they lost the name of the Tacloban, where the place that he stayed at was 10 miles south of Tacloban,
[01:41:58.000 --> 01:42:01.000]  and the whole place just got destroyed.
[01:42:01.000 --> 01:42:07.000]  So he knows a lot of people there, and the one thing he said was, you know, he's in Texas.
[01:42:07.000 --> 01:42:15.000]  And one of the things that I like, I'm sorry, he's in, he's upstate New York, up in the Catskills, really great place, community area.
[01:42:15.000 --> 01:42:18.000]  Everybody knows everybody.
[01:42:18.000 --> 01:42:30.000]  But the one thing he said that stood out was that the people in the Philippines were the friendliest people he had ever encountered.
[01:42:30.000 --> 01:42:35.000]  And they have been our allies for a very long time.
[01:42:35.000 --> 01:42:47.000]  If you got a few extra dollars, go to Young Jeopardy and go to Logos Radio Network and click on the Young Jeopardy banner and just send him something.
[01:42:47.000 --> 01:42:49.000]  OK, thank you for that.
[01:42:49.000 --> 01:42:54.000]  And now we're going to go to Miss Francis in Colorado.
[01:42:54.000 --> 01:42:56.000]  Hello, Miss Francis.
[01:42:56.000 --> 01:42:58.000]  How are you?
[01:42:58.000 --> 01:43:00.000]  I am good.
[01:43:00.000 --> 01:43:02.000]  He's ugly, but he's good.
[01:43:02.000 --> 01:43:09.000]  Hey, Pastor Massage said that I have a face made for radio.
[01:43:09.000 --> 01:43:10.000]  Thank you very much.
[01:43:10.000 --> 01:43:14.000]  I can't agree with him more.
[01:43:14.000 --> 01:43:19.000]  Well, hey, I have two questions that I can think of right this very minute.
[01:43:19.000 --> 01:43:23.000]  I fell asleep on Monday and woke up and somebody had stolen my gallbladder.
[01:43:23.000 --> 01:43:25.000]  And so I'm a little sore.
[01:43:25.000 --> 01:43:27.000]  Oh, no.
[01:43:27.000 --> 01:43:28.000]  I know.
[01:43:28.000 --> 01:43:30.000]  Did you find the culprit?
[01:43:30.000 --> 01:43:32.000]  I didn't. Well, I did.
[01:43:32.000 --> 01:43:34.000]  And they're sending me bills now.
[01:43:34.000 --> 01:43:35.000]  Oh, God.
[01:43:35.000 --> 01:43:38.000]  It just gets worse, doesn't it?
[01:43:38.000 --> 01:43:40.000]  OK, hang on, Miss Francis.
[01:43:40.000 --> 01:43:43.000]  We will pick you up when we come back on the other side.
[01:43:43.000 --> 01:43:49.000]  This is Randy Kelton, Deborah Stevens here with Bob Tierney and Steve Skidmore.
[01:43:49.000 --> 01:43:53.000]  Our call in number 512-646-1984.
[01:43:53.000 --> 01:43:54.000]  Give us a call.
[01:43:54.000 --> 01:43:56.000]  It gets busier as we go along.
[01:43:56.000 --> 01:43:57.000]  So give us a call.
[01:43:57.000 --> 01:43:58.000]  Get in line.
[01:43:58.000 --> 01:44:03.000]  Do you feel tired when talking about important topics like money and politics?
[01:44:03.000 --> 01:44:04.000]  Sorry.
[01:44:04.000 --> 01:44:07.000]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.000 --> 01:44:08.000]  What?
[01:44:08.000 --> 01:44:12.000]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.000 --> 01:44:14.000]  Hi, my name is Steve Holt.
[01:44:14.000 --> 01:44:19.000]  And like millions of other Americans, I was diagnosed with stupidity at an early age.
[01:44:19.000 --> 01:44:25.000]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[01:44:25.000 --> 01:44:30.000]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[01:44:30.000 --> 01:44:36.000]  The staff at Brave New Books have helped me and thousands of other Foxaholics suffering from sports zombieism recover.
[01:44:36.000 --> 01:44:43.000]  And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested.
[01:44:43.000 --> 01:44:50.000]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503
[01:44:50.000 --> 01:44:54.000]  or visit them in 1904 Guadalupe or bravenewbookstore.com.
[01:44:54.000 --> 01:45:00.000]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning.
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[01:46:22.000 --> 01:46:24.000]  Thank you very much.
[01:47:22.000 --> 01:47:29.000]  Okay, we are back.
[01:47:29.000 --> 01:47:34.000]  Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Francis in Colorado.
[01:47:34.000 --> 01:47:45.000]  And we still have Bob on, and if anybody has questions or an interest in short sale,
[01:47:45.000 --> 01:47:54.000]  just send me an email with the subject line short sale, and I will forward it to Bob, and he'll contact you,
[01:47:54.000 --> 01:48:03.000]  and you can discuss the particulars of what he may or may not be able to do for you.
[01:48:03.000 --> 01:48:06.000]  Okay, Ms. Francis.
[01:48:06.000 --> 01:48:16.000]  Okay, this is on my mother-in-law's case in South Dakota where the brother stole her money and kidnapped her out of the nursing home,
[01:48:16.000 --> 01:48:20.000]  and then my husband got bad advice.
[01:48:20.000 --> 01:48:26.000]  He already had power of attorney, and he said he needed to go to court and be awarded guardianship, which isn't really true.
[01:48:26.000 --> 01:48:29.000]  You only get guardianship if you don't have power of attorney set up.
[01:48:29.000 --> 01:48:36.000]  So we have an agency issue with the attorney that the brother went to, and the brother is dead now.
[01:48:36.000 --> 01:48:42.000]  And so they just came back with a motion that was signed by the judge,
[01:48:42.000 --> 01:48:54.000]  and it says that our order to – for our motion to compel this agency to – this law firm to prove agency standing capacity is denied.
[01:48:54.000 --> 01:48:56.000]  Are you ready for this?
[01:48:56.000 --> 01:49:00.000]  The record substantially proves agency standing in capacity.
[01:49:00.000 --> 01:49:02.000]  I'm thinking that Bob doesn't hunt.
[01:49:02.000 --> 01:49:07.000]  Do an interlocutory appeal.
[01:49:07.000 --> 01:49:12.000]  This is a matter for interlocutory appeal.
[01:49:12.000 --> 01:49:19.000]  Agency must be proven from the mouth of the principal, cannot be proven from the mouth of the agent.
[01:49:19.000 --> 01:49:24.000]  Right, and my mother-in-law lacked capacity to enter into a contract in the month that they said.
[01:49:24.000 --> 01:49:26.000]  So they don't have any agency.
[01:49:26.000 --> 01:49:34.000]  And the people that are really driving it are the court-appointed conservators who are both banker attorneys and attorneys.
[01:49:34.000 --> 01:49:38.000]  Okay, and I take it you have grieved them?
[01:49:38.000 --> 01:49:40.000]  I have bargrieved them.
[01:49:40.000 --> 01:49:45.000]  Let's see, I just got another response to my motion for sanctions.
[01:49:45.000 --> 01:49:50.000]  I have done a judicial complaint because we can move to the next thing.
[01:49:50.000 --> 01:49:55.000]  And there were like 10 different orders all in one order, and the judge signed them.
[01:49:55.000 --> 01:50:00.000]  And inside of this is – so it's outlawry.
[01:50:00.000 --> 01:50:05.000]  First of all, the fact that he is not challenging the agency is, I think, outlawry.
[01:50:05.000 --> 01:50:12.000]  Then we've got – there are legal – the conservators must do a six-month audit.
[01:50:12.000 --> 01:50:17.000]  We are getting no audit accounting on the mother-in-law's money at all.
[01:50:17.000 --> 01:50:21.000]  That's – and he signed that that was – for us to request that was denied.
[01:50:21.000 --> 01:50:23.000]  That's also outside the law.
[01:50:23.000 --> 01:50:24.000]  Okay, hold on.
[01:50:24.000 --> 01:50:32.000]  That should get a petition for writ of mandamus to the next higher court, to the Court of Appeals.
[01:50:32.000 --> 01:50:33.000]  Okay.
[01:50:33.000 --> 01:50:34.000]  That's important.
[01:50:34.000 --> 01:50:40.000]  And you probably should file suit against these lawyers for malpractice.
[01:50:40.000 --> 01:50:41.000]  That's right.
[01:50:41.000 --> 01:50:44.000]  Just for yucks.
[01:50:44.000 --> 01:50:49.000]  With your bar grievances against them, if you file a malpractice suit,
[01:50:49.000 --> 01:50:53.000]  their malpractice insurance is going to be history.
[01:50:53.000 --> 01:50:54.000]  Okay.
[01:50:54.000 --> 01:50:55.000]  So just file it.
[01:50:55.000 --> 01:50:58.000]  So do I do it altogether?
[01:50:58.000 --> 01:50:59.000]  Wait.
[01:50:59.000 --> 01:51:00.000]  Do that again?
[01:51:00.000 --> 01:51:01.000]  Oh.
[01:51:01.000 --> 01:51:04.000]  All six attorneys at the same time?
[01:51:04.000 --> 01:51:12.000]  If you do all six attorneys, it's cheaper for you, but it's also – no, it wouldn't be cheaper for them
[01:51:12.000 --> 01:51:15.000]  because each one of them has to answer separately.
[01:51:15.000 --> 01:51:16.000]  Yeah.
[01:51:16.000 --> 01:51:17.000]  Sue them all six at once.
[01:51:17.000 --> 01:51:20.000]  And you might claim RICO.
[01:51:20.000 --> 01:51:21.000]  Look at RICO.
[01:51:21.000 --> 01:51:23.000]  We talked about RICO before.
[01:51:23.000 --> 01:51:24.000]  Right.
[01:51:24.000 --> 01:51:25.000]  I'm working on that.
[01:51:25.000 --> 01:51:28.000]  I just went down with these gallstones last week and I just didn't get anything done.
[01:51:28.000 --> 01:51:29.000]  I'm telling you.
[01:51:29.000 --> 01:51:31.000]  I just laid around in pain.
[01:51:31.000 --> 01:51:35.000]  You mean one little digging and gouging on you and cutting out part of your body
[01:51:35.000 --> 01:51:37.000]  and you just lay down and do nothing?
[01:51:37.000 --> 01:51:38.000]  Lazy.
[01:51:38.000 --> 01:51:39.000]  You know what it was?
[01:51:39.000 --> 01:51:40.000]  Oh.
[01:51:40.000 --> 01:51:43.000]  Three ping pong ball sized gallstones.
[01:51:43.000 --> 01:51:54.000]  Bob, this is Ms. Francis and I never want her after me.
[01:51:54.000 --> 01:51:58.000]  She kicks behind.
[01:51:58.000 --> 01:51:59.000]  Oh, gosh.
[01:51:59.000 --> 01:52:00.000]  Okay.
[01:52:00.000 --> 01:52:03.000]  So now we still have a temporary restraining order against this lady up there
[01:52:03.000 --> 01:52:10.000]  and that temporary restraining order statute required an affidavit or verified complaint.
[01:52:10.000 --> 01:52:15.000]  And that judge issued a temporary restraining order on verbal arguments.
[01:52:15.000 --> 01:52:18.000]  My husband is guardian as well as power of attorney,
[01:52:18.000 --> 01:52:20.000]  although they're kind of overlooking the power of attorney
[01:52:20.000 --> 01:52:23.000]  because his attorney never said anything to the court about it.
[01:52:23.000 --> 01:52:25.000]  And she's being held against her will.
[01:52:25.000 --> 01:52:28.000]  And so that hasn't been heard.
[01:52:28.000 --> 01:52:29.000]  It's just sitting there.
[01:52:29.000 --> 01:52:35.000]  And then because of all this stuff, they have given these attorneys such an idea
[01:52:35.000 --> 01:52:37.000]  that they can do whatever they want.
[01:52:37.000 --> 01:52:42.000]  They showed up at the nursing home at the beginning of the week and rattled her up
[01:52:42.000 --> 01:52:47.000]  but good and she has dementia and she gets to crying and she doesn't know.
[01:52:47.000 --> 01:52:51.000]  And then she thinks she can't stay at the, you know, they want to take her.
[01:52:51.000 --> 01:52:52.000]  Wait a minute.
[01:52:52.000 --> 01:52:57.000]  They went and harassed her at the home?
[01:52:57.000 --> 01:52:58.000]  Yes.
[01:52:58.000 --> 01:52:59.000]  They've done it twice.
[01:52:59.000 --> 01:53:00.000]  They did it before.
[01:53:00.000 --> 01:53:03.000]  They did it after the TRO and they did it this week.
[01:53:03.000 --> 01:53:11.000]  Look in South Dakota law and see if they have a depraved heart statute.
[01:53:11.000 --> 01:53:13.000]  Say that again.
[01:53:13.000 --> 01:53:16.000]  A depraved heart statute.
[01:53:16.000 --> 01:53:17.000]  Okay.
[01:53:17.000 --> 01:53:21.000]  This goes to depraved heart assault.
[01:53:21.000 --> 01:53:24.000]  Okay.
[01:53:24.000 --> 01:53:29.000]  That is assault but depraved heart is even better.
[01:53:29.000 --> 01:53:31.000]  This woman is in...
[01:53:31.000 --> 01:53:33.000]  What state is it?
[01:53:33.000 --> 01:53:35.000]  South Dakota.
[01:53:35.000 --> 01:53:36.000]  South Dakota.
[01:53:36.000 --> 01:53:38.000]  South Dakota.
[01:53:38.000 --> 01:53:41.000]  The depraved heart assault, depraved heart murder.
[01:53:41.000 --> 01:53:45.000]  Depraved heart murder is where you don't kill somebody
[01:53:45.000 --> 01:53:50.000]  but you create a condition that causes them to kill themselves
[01:53:50.000 --> 01:53:54.000]  or causing them to do something that gets them killed.
[01:53:54.000 --> 01:53:59.000]  And you knew this situation existed.
[01:53:59.000 --> 01:54:02.000]  You promoted the situation, did nothing to prevent it.
[01:54:02.000 --> 01:54:04.000]  That's depraved heart murder.
[01:54:04.000 --> 01:54:07.000]  Assault is similar if you assault someone.
[01:54:07.000 --> 01:54:14.000]  And in this particular condition where she is incapacitated
[01:54:14.000 --> 01:54:19.000]  and it creates unreasonable harm to her, this is depraved heart.
[01:54:19.000 --> 01:54:20.000]  Okay.
[01:54:20.000 --> 01:54:21.000]  All right.
[01:54:21.000 --> 01:54:24.000]  I will look up that and...
[01:54:24.000 --> 01:54:25.000]  Okay.
[01:54:25.000 --> 01:54:29.000]  Even if they don't have depraved heart assault,
[01:54:29.000 --> 01:54:33.000]  you could call it depraved heart assault anyway.
[01:54:33.000 --> 01:54:34.000]  Okay.
[01:54:34.000 --> 01:54:37.000]  Because it sounds worse.
[01:54:37.000 --> 01:54:38.000]  Okay.
[01:54:38.000 --> 01:54:42.000]  And I'll roll it all into my RICO suit here to be filed
[01:54:42.000 --> 01:54:47.000]  and switching to a slightly lighter subject.
[01:54:47.000 --> 01:54:50.000]  In the bankruptcy we have some criminal stuff going on
[01:54:50.000 --> 01:54:54.000]  and so I'm going to RICO my brother, mother, and sister-in-law here.
[01:54:54.000 --> 01:54:56.000]  But I'm getting back validation letters
[01:54:56.000 --> 01:55:01.000]  and they're not notarized per the Michael Mears system.
[01:55:01.000 --> 01:55:04.000]  So they're not complying.
[01:55:04.000 --> 01:55:07.000]  And one is HIPAA, already a HIPAA violation.
[01:55:07.000 --> 01:55:09.000]  So I just make my...
[01:55:09.000 --> 01:55:10.000]  That's okay.
[01:55:10.000 --> 01:55:12.000]  I mean, I'm not going to respond to them.
[01:55:12.000 --> 01:55:14.000]  I'm just going to turn them into the bankruptcy court
[01:55:14.000 --> 01:55:16.000]  and tell them they lack subject matter jurisdiction to be here
[01:55:16.000 --> 01:55:19.000]  and have claim any...
[01:55:19.000 --> 01:55:20.000]  Wait a minute.
[01:55:20.000 --> 01:55:24.000]  Are they trying to collect while you're in bankruptcy?
[01:55:24.000 --> 01:55:27.000]  Here's how it's gone down.
[01:55:27.000 --> 01:55:30.000]  You know, we went through bankruptcy and it closed up last December
[01:55:30.000 --> 01:55:33.000]  and then the attorney didn't tell us we needed to let the court know
[01:55:33.000 --> 01:55:34.000]  if we filed any cases.
[01:55:34.000 --> 01:55:36.000]  We filed a wrongful foreclosure case
[01:55:36.000 --> 01:55:39.000]  and we already had some cases going against the property
[01:55:39.000 --> 01:55:41.000]  and foreclosure and such.
[01:55:41.000 --> 01:55:44.000]  And then we filed a case against my dad's probate.
[01:55:44.000 --> 01:55:46.000]  So I had to reopen the case
[01:55:46.000 --> 01:55:51.000]  and surrender those as properties of the bankruptcy estate.
[01:55:51.000 --> 01:55:54.000]  Then it reopened on the 15th of March.
[01:55:54.000 --> 01:55:57.000]  The trustee was duty-bound to immediately look at it
[01:55:57.000 --> 01:56:00.000]  and it sat there for seven and a half months
[01:56:00.000 --> 01:56:03.000]  and I finally filed a motion to compel them to just make a decision.
[01:56:03.000 --> 01:56:06.000]  Now I'm realizing I should have filed a motion to have them close it.
[01:56:06.000 --> 01:56:09.000]  But I know from an accounting from my dad's probate
[01:56:09.000 --> 01:56:15.000]  that my brother retained a foul bankruptcy creditor attorney.
[01:56:15.000 --> 01:56:17.000]  He's also a foreclosure specialist.
[01:56:17.000 --> 01:56:22.000]  And they held that case and did nothing, which is a violation
[01:56:22.000 --> 01:56:26.000]  because all of the cases then languished and we lost the house.
[01:56:26.000 --> 01:56:27.000]  We were evicted.
[01:56:27.000 --> 01:56:33.000]  I had to put my quiet title on stay because I was not the real party in interest,
[01:56:33.000 --> 01:56:35.000]  blah, blah, blah.
[01:56:35.000 --> 01:56:38.000]  And so it was all done on purpose.
[01:56:38.000 --> 01:56:44.000]  And so I can tie all of that back into we are sitting in a rental house paying rent
[01:56:44.000 --> 01:56:50.000]  and all the emotional stuff because my brother did that.
[01:56:50.000 --> 01:56:56.000]  So now on the back side, when they finally responded, the deaths, they're not named.
[01:56:56.000 --> 01:56:58.000]  They're just called the Colorado Council.
[01:56:58.000 --> 01:56:59.000]  I know who that is.
[01:56:59.000 --> 01:57:01.000]  And then the death of state representatives.
[01:57:01.000 --> 01:57:05.000]  So I filed a motion to force them to tell their names to the courts.
[01:57:05.000 --> 01:57:12.000]  But the death of state representatives are now promising to pay our creditors.
[01:57:12.000 --> 01:57:17.000]  But they will not abandon the cases because they don't want me to have standing.
[01:57:17.000 --> 01:57:20.000]  So they're manipulating their crime through the bankruptcy court.
[01:57:20.000 --> 01:57:25.000]  So I've got to go through the U.S. trustee.
[01:57:25.000 --> 01:57:30.000]  And so I'm validating all of my debt just to make sure that nobody gets paid
[01:57:30.000 --> 01:57:34.000]  that doesn't have a validated claim.
[01:57:34.000 --> 01:57:38.000]  But we're going to have a hearing in Florida on the probate issue on the 6th of December,
[01:57:38.000 --> 01:57:41.000]  and my brother is no longer going to be a personal representative for my father.
[01:57:41.000 --> 01:57:44.000]  And I believe that's going to end all of that,
[01:57:44.000 --> 01:57:50.000]  except for the Rico case I'm going to file against him and his wife and my mother.
[01:57:50.000 --> 01:57:54.000]  So did I take your call?
[01:57:54.000 --> 01:57:56.000]  It sounds like you got your hands full.
[01:57:56.000 --> 01:58:03.000]  Yeah, so if it's not properly validated, the debt's not valid, correct?
[01:58:03.000 --> 01:58:05.000]  That sounds correct to me.
[01:58:05.000 --> 01:58:07.000]  Randy, did you push the mute button again?
[01:58:07.000 --> 01:58:09.000]  Yeah, I did.
[01:58:09.000 --> 01:58:13.000]  If they did not properly validate, they're subject to collateral estoppel,
[01:58:13.000 --> 01:58:17.000]  or to statutory estoppel from further collection.
[01:58:17.000 --> 01:58:22.000]  1615 U.S. Code 1692-G.
[01:58:22.000 --> 01:58:23.000]  Okay.
[01:58:23.000 --> 01:58:24.000]  We're not trying to collect.
[01:58:24.000 --> 01:58:25.000]  Okay.
[01:58:25.000 --> 01:58:26.000]  Thank you.
[01:58:26.000 --> 01:58:27.000]  We'll let you go.
[01:58:27.000 --> 01:58:29.000]  Okay, thank you, Ms. Francis.
[01:58:29.000 --> 01:58:30.000]  Bailyn, I see you there.
[01:58:30.000 --> 01:58:32.000]  We'll pick you up on the other side.
[01:58:32.000 --> 01:58:38.000]  This is Randy Kelton, Deborah Stevens, Bob Tierney, Rue de la Radio.
[01:58:38.000 --> 01:58:42.000]  Our call-in number is 512-646-1984.
[01:58:42.000 --> 01:58:43.000]  Give us a call.
[01:58:43.000 --> 01:58:44.000]  We're going into our third hour.
[01:58:44.000 --> 01:58:46.000]  It generally picks up toward the end.
[01:58:46.000 --> 01:58:47.000]  So give us a call.
[01:58:47.000 --> 01:58:48.000]  Get in line.
[01:58:48.000 --> 01:58:50.000]  We'll be right back.
[01:58:50.000 --> 01:58:54.000]  The Bible remains the most popular book in the world,
[01:58:54.000 --> 01:58:58.000]  yet countless readers are frustrated because they struggle to understand it.
[01:58:58.000 --> 01:59:02.000]  Some new translations try to help by simplifying the text,
[01:59:02.000 --> 01:59:07.000]  but in the process can compromise the profound meaning of the Scripture.
[01:59:07.000 --> 01:59:09.000]  Enter the recovery version.
[01:59:09.000 --> 01:59:13.000]  First, this new translation is extremely faithful and accurate,
[01:59:13.000 --> 01:59:18.000]  but the real story is the more than 9,000 explanatory footnotes.
[01:59:18.000 --> 01:59:22.000]  Difficult and profound passages are opened up in a marvelous way,
[01:59:22.000 --> 01:59:25.000]  providing an entrance into the riches of the Word
[01:59:25.000 --> 01:59:28.000]  beyond which you've ever experienced before.
[01:59:28.000 --> 01:59:33.000]  Bibles for America would like to give you a free recovery version simply for the asking.
[01:59:33.000 --> 01:59:43.000]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102
[01:59:43.000 --> 01:59:47.000]  or by ordering online at freestudybible.com.
[01:59:47.000 --> 01:59:51.000]  That's freestudybible.com.
[01:59:51.000 --> 01:59:57.000]  You are listening to the Logos Radio Network, logosradionetwork.com.