[00:00.000 --> 00:06.760]  This is the Liberty Beat, your daily source for Liberty news and activist updates online
[00:06.760 --> 00:07.760]  at thelibertybeat.com.
[00:07.760 --> 00:13.200]  I'm Brian Hagan reporting for the Liberty Beat on Friday, December 6th, 2013.
[00:13.200 --> 00:20.960]  Gold trading at $1,216, silver at $19.24, and bitcoin at $963.48.
[00:20.960 --> 00:25.000]  Support for the Liberty Beat comes from Brave New Books, your local source for One World
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[00:39.200 --> 00:41.880]  Online at centraltexasgunworks.com.
[00:41.880 --> 00:46.800]  Money for Nothing, Inside the Federal Reserve, is a new documentary focused on the failures
[00:46.800 --> 00:48.020]  of the central bank.
[00:48.020 --> 00:52.520]  Created by a team of AFI, Sundance, and Academy Award winners, the film is currently in theatrical
[00:52.520 --> 00:56.120]  limited release, and will screen in Austin, Texas next Tuesday evening.
[00:56.120 --> 01:00.760]  Jim Bruce is the producer, director, writer, and editor, who worked to bring numerous experts
[01:00.760 --> 01:04.040]  in front of the camera, including current and former Fed officials.
[01:04.040 --> 01:07.640]  What we really wanted to do was to have the insider's perspective.
[01:07.640 --> 01:11.520]  I think one of the things that will surprise audiences is how critical current and former
[01:11.520 --> 01:15.200]  officials at the Fed are of Fed policies in recent years.
[01:15.200 --> 01:19.640]  That was a way to really strengthen our argument that not everybody feels that the Fed really
[01:19.640 --> 01:21.200]  hasn't made too many mistakes lately.
[01:21.200 --> 01:25.600]  There are people in the system and leading the system that feel like the Fed has done
[01:25.600 --> 01:26.920]  a really bad job.
[01:26.920 --> 01:31.400]  Money for Nothing, Inside the Federal Reserve, will be screened Tuesday evening at 6.30 at
[01:31.400 --> 01:33.000]  Austin's Marquesa Hall in theater.
[01:33.000 --> 01:36.840]  We were very lucky to line up with Schreiber to narrate this film.
[01:36.840 --> 01:42.640]  We'll continue our conversation with Jim Bruce on Monday's edition of The Liberty Beat.
[01:42.640 --> 01:47.280]  Just in time for the season of giving, The Sovereign Living Reality Show comes to DVD.
[01:47.280 --> 01:51.600]  The release happens as the Indiegogo online fundraising campaign to finance episodes four
[01:51.600 --> 01:53.960]  through six enters the home stretch.
[01:53.960 --> 01:59.120]  A $35 donation gets you a packaged DVD of episodes one through three, including never
[01:59.120 --> 02:03.600]  before seen bonus material, delivery guaranteed by Christmas.
[02:03.600 --> 02:07.600]  Also added to the list of incentives is a personal consultation with show co-star John
[02:07.600 --> 02:08.600]  Bush.
[02:08.600 --> 02:13.680]  For a $75 donation, John will conduct a Skype or telephone consultation focused on one of
[02:13.680 --> 02:17.120]  many techniques that you can use to begin a sovereign lifestyle.
[02:17.120 --> 02:20.360]  For full details, go to SovereignLiving.tv.
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[02:53.120 --> 02:57.400]  This is The Liberty Beat for Friday, December 6th, 2013.
[02:57.400 --> 03:27.360]  Check out the website at TheLibertyBeat.com.
[03:27.400 --> 03:36.800]  Welcome back to Rural Law Radio, folks.
[03:36.800 --> 03:45.080]  We are speaking with Troy in Colorado, and Troy, since you're not in foreclosure, it
[03:45.080 --> 03:55.040]  would behoove you and Joe as well to have the latest copy of the note that you can get.
[03:55.040 --> 04:04.880]  A lot of people might file a QWR or a Qualified Written Request.
[04:04.880 --> 04:05.880]  That's an admission.
[04:05.880 --> 04:08.760]  There are admissions in QWRs.
[04:08.760 --> 04:14.920]  There is an advantage over a QWR, and that is a debt validation request.
[04:14.920 --> 04:20.960]  And Randy's got several very powerful, very good, effective debt validation requests that
[04:20.960 --> 04:23.240]  you can request from Randy.
[04:23.240 --> 04:35.200]  That's my point, you would want to send something in the alternative of a Qualified Written
[04:35.200 --> 04:40.200]  Request in the form of a debt validation, and that would be to whoever your mortgage
[04:40.200 --> 04:46.680]  servicer is, and I take it that you send your payments to PNC right now, is that correct?
[04:46.680 --> 04:47.680]  Correct.
[04:47.680 --> 04:48.680]  Okay.
[04:48.680 --> 04:49.680]  Hold on just a second.
[04:49.680 --> 04:52.680]  Let me explain a little bit here.
[04:52.680 --> 05:01.160]  QWR debt validation, if you file a Qualified Written Request, Steve mentioned there are
[05:01.160 --> 05:09.400]  certain admissions, and the admission is, is that a debt exists, that a debt exists
[05:09.400 --> 05:17.400]  to which you are obligated, that a debt exists to which you are obligated, and this entity
[05:17.400 --> 05:23.200]  has authority to make a claim against the debt.
[05:23.200 --> 05:31.720]  And what the QWR goes to is you made this claim, but the claim is incorrect, that there
[05:31.720 --> 05:38.540]  is an accounting error, you state the accounting error and demand that they correct the error.
[05:38.540 --> 05:41.960]  You can look on the Internet, you can find a whole bunch of documents that are labeled
[05:41.960 --> 05:47.680]  as Qualified Written Request, and they are no such thing because they have to make a
[05:47.680 --> 05:51.000]  claim of an accounting error.
[05:51.000 --> 05:58.720]  A validation letter on the other hand says, who the heck are you?
[05:58.720 --> 06:04.720]  You sent me this demand that I send you some money, I don't know who the heck you are.
[06:04.720 --> 06:06.720]  Prove up agency standing in capacity.
[06:06.720 --> 06:07.720]  Correct.
[06:07.720 --> 06:08.720]  Okay.
[06:08.720 --> 06:09.720]  I'll shut up now.
[06:09.720 --> 06:17.760]  That's okay, but we were having a discussion over the break, and Joe, you wanted to, well,
[06:17.760 --> 06:22.480]  for Joe to do what he needs to do, he needs the most recent copy of the note that he can
[06:22.480 --> 06:23.480]  get his hands on.
[06:23.480 --> 06:24.480]  Right.
[06:24.480 --> 06:28.480]  The trick is that the note is your debt instrument.
[06:28.480 --> 06:31.200]  Your obligation is to the note.
[06:31.200 --> 06:38.280]  Your tangible promissory note is a piece of paper that evidences your debt.
[06:38.280 --> 06:39.780]  Alleged debt.
[06:39.780 --> 06:42.360]  The alleged debt, all right?
[06:42.360 --> 06:49.160]  So the debt is what gives value to your security instrument because your security instrument
[06:49.160 --> 06:52.120]  attaches itself to the debt.
[06:52.120 --> 06:57.460]  However, when they sell an interest of your mortgage loan instrument, being the promise
[06:57.460 --> 07:10.080]  to pay to a third party such as Jenny May, they do not do what is required statutorily.
[07:10.080 --> 07:17.160]  They do what's called the standard operating procedure, and they do this in an electronic
[07:17.160 --> 07:18.160]  format.
[07:18.160 --> 07:26.280]  However, doing it in an electronic format is not the same as doing it pursuant to statutory
[07:26.280 --> 07:29.920]  requirements of law for negotiable instruments under Article 3.
[07:29.920 --> 07:35.600]  In negotiation being one of the elements necessary for the exercise of rights, is that correct?
[07:35.600 --> 07:42.520]  For negotiation in France, you'd go to UCC 7501, but in order to acquire rights, you'd
[07:42.520 --> 07:44.080]  have to go to 3203.
[07:44.080 --> 07:45.080]  Correct.
[07:45.080 --> 07:50.960]  3203 is the only body of uniformed commercial code adopted by all states that goes into
[07:50.960 --> 07:51.960]  the assignment of rights.
[07:51.960 --> 07:52.960]  Right.
[07:52.960 --> 07:56.200]  This is the only statute that pertains to acquiring rights.
[07:56.200 --> 08:06.480]  So while yes, Troy, you have an obligation, the question is, to whom is that obligation?
[08:06.480 --> 08:10.520]  Now are we talking about the obligation of the tangible promissory note, or are we talking
[08:10.520 --> 08:16.400]  about the intangible obligation created by the payment stream of the intangible promissory
[08:16.400 --> 08:24.520]  note by the account debtor because there is more than one obligation?
[08:24.520 --> 08:27.080]  And that's what very few people get into.
[08:27.080 --> 08:32.000]  Have I confused you thoroughly yet?
[08:32.000 --> 08:34.880]  I'm sorry, what's that?
[08:34.880 --> 08:38.280]  I said, have I thoroughly confused you?
[08:38.280 --> 08:40.640]  No, not thoroughly yet.
[08:40.640 --> 08:41.640]  I actually...
[08:41.640 --> 08:42.640]  Good.
[08:42.640 --> 08:43.640]  Confused me.
[08:43.640 --> 08:47.360]  Well, let's go back to 3.203D.
[08:47.360 --> 08:52.080]  We're talking about the assignment of rights, or who is Pete, who is the party entitled
[08:52.080 --> 08:59.040]  to enforce in order to enforce the obligation, or the alleged obligation, we don't want to
[08:59.040 --> 09:02.120]  stipulate anything, under a negotiable instrument.
[09:02.120 --> 09:08.960]  That negotiable, keep in mind key word here, negotiable, has to be negotiated.
[09:08.960 --> 09:15.320]  But as Joe brought up, if they have stripped that promise to pay, sold that to Jenny Mae,
[09:15.320 --> 09:25.120]  you can go to 3.203D, and I'm speaking of the federal UCC, 3.203D states that if the
[09:25.120 --> 09:31.120]  transferor purports to transfer anything less than the entire instrument, keep in mind that
[09:31.120 --> 09:38.920]  he stripped out an element of the instrument and sold it to the secondary markets, negotiation
[09:38.920 --> 09:40.800]  does not occur.
[09:40.800 --> 09:46.460]  So if negotiation does not occur, then who has the rights to enforce it?
[09:46.460 --> 09:50.440]  If there's no promise to pay, okay, put on your people glasses and read the note as you
[09:50.440 --> 09:51.520]  see it.
[09:51.520 --> 09:52.520]  It's all there.
[09:52.520 --> 09:56.840]  But if you put on your legal glasses, that promise to pay disappears, you got a big blank
[09:56.840 --> 10:00.120]  spot there where that paragraph used to be.
[10:00.120 --> 10:05.680]  That's because that has been stripped off the paper and sold to the secondary markets,
[10:05.680 --> 10:07.480]  Jenny Mae in your case.
[10:07.480 --> 10:16.960]  So if the transferor, that being national city, purports to transfer to PNC less than
[10:16.960 --> 10:23.720]  the entire instrument, which they apparently did, they claimed to have, they've claimed
[10:23.720 --> 10:32.400]  that they sold or transferred the instrument minus the promise to pay because they can't,
[10:32.400 --> 10:36.440]  they can't send that promise to pay, they've already sold that.
[10:36.440 --> 10:42.600]  So if the transferor purports to transfer less than the entire instrument, negotiation
[10:42.600 --> 10:46.480]  does not take place, negotiation does not occur.
[10:46.480 --> 10:52.000]  So how did they acquire the rights to enforce it?
[10:52.000 --> 10:53.000]  Osmosis.
[10:53.000 --> 10:54.000]  Osmosis.
[10:54.000 --> 10:55.000]  That's it.
[10:55.000 --> 10:56.000]  That's a new one?
[10:56.000 --> 10:57.000]  That's what they've done.
[10:57.000 --> 10:58.680]  Osmosis, it just soaks in.
[10:58.680 --> 10:59.680]  Yes.
[10:59.680 --> 11:00.680]  Wow.
[11:00.680 --> 11:03.840]  But more importantly- Learn something new every day.
[11:03.840 --> 11:13.320]  What people miss is that the obligation that the account debtor sets up is based on the
[11:13.320 --> 11:16.160]  payment stream from the tangible promissory note.
[11:16.160 --> 11:23.360]  They create an e-note with an obligation of that payment string, and it is that e-note
[11:23.360 --> 11:31.800]  obligation that is sold, and that's under UCC Article 8.
[11:31.800 --> 11:35.960]  And very few people understand, Ginny May isn't listed in public record.
[11:35.960 --> 11:36.960]  No.
[11:36.960 --> 11:41.600]  Ginny May is not listed as payee on the payee line of the tangible promissory note.
[11:41.600 --> 11:44.440]  They're the ones who are going to claim that they had a right to be paid.
[11:44.440 --> 11:48.160]  Now there's a difference between a right to collect and a right to receive.
[11:48.160 --> 11:49.160]  Right.
[11:49.160 --> 11:55.320]  PNC may have been granted the right to collect, but Ginny May has the right to receive.
[11:55.320 --> 11:56.320]  Right.
[11:56.320 --> 12:01.200]  But now when you go back to Carpenter versus Long in 1872, the mortgage cannot survive
[12:01.200 --> 12:04.880]  a moment for which the debt exists.
[12:04.880 --> 12:10.040]  So the minute the debt is gone, the mortgage cannot survive a moment.
[12:10.040 --> 12:11.040]  Right.
[12:11.040 --> 12:12.040]  The security instrument becomes a nullity.
[12:12.040 --> 12:15.000]  It does not become voided, does not become voidable.
[12:15.000 --> 12:16.000]  It becomes a nullity.
[12:16.000 --> 12:18.600]  It ceases to exist.
[12:18.600 --> 12:26.720]  This is why in bankruptcy, when I discharge my debt of the tangible promissory note as
[12:26.720 --> 12:32.640]  an unsecured obligation, pursuant to the documents that Bank of America had filed into court
[12:32.640 --> 12:41.380]  record and pursuant to BK rule 3001 subsection D as in dog, that any party coming forth with
[12:41.380 --> 12:46.960]  a claim of a security interest must be evidenced by a properly perfected lien.
[12:46.960 --> 12:51.400]  Well, there was a properly perfected lien, so it was unsecured, so it was discharged.
[12:51.400 --> 12:53.320]  Now there's nothing to attach to.
[12:53.320 --> 12:59.520]  Well, even if in the event that Troy did go into an alleged default, they can't perfect
[12:59.520 --> 13:00.520]  the lien.
[13:00.520 --> 13:10.520]  Alleged presumption of deficiency, who, what, when, where, how?
[13:10.520 --> 13:13.520]  Who cares why?
[13:13.520 --> 13:17.560]  There's a lot of questions that they have to answer.
[13:17.560 --> 13:19.080]  Don't give them the answers.
[13:19.080 --> 13:21.400]  Let them figure out the question.
[13:21.400 --> 13:23.720]  They're not going to answer anything.
[13:23.720 --> 13:24.720]  Wow.
[13:24.720 --> 13:30.480]  You guys have been very, very giving me more information than I can deal with right now
[13:30.480 --> 13:32.560]  and some stuff I need to look into.
[13:32.560 --> 13:34.720]  Be careful what you ask.
[13:34.720 --> 13:35.720]  You might get it.
[13:35.720 --> 13:40.760]  I know I've been accused of listening to me or talking to me as like trying to take a
[13:40.760 --> 13:42.560]  sip of water from a fire hydrant.
[13:42.560 --> 13:45.880]  That's a good reason to archive shows.
[13:45.880 --> 13:50.240]  So if we went over your head and it didn't really soak in the first time, go back and
[13:50.240 --> 13:54.200]  pick up this archive and listen to it until it does.
[13:54.200 --> 13:55.480]  Very important key points here.
[13:55.480 --> 13:56.480]  Yes.
[13:56.480 --> 14:01.280]  Another thing that you can do, Troy, and this will give you an idea of what you're looking
[14:01.280 --> 14:02.280]  at.
[14:02.280 --> 14:09.480]  Go to mortgagecomplianceinvestigators.com and when you're at the website, click on the
[14:09.480 --> 14:10.480]  Scrib page.
[14:10.480 --> 14:17.800]  That'll take you to our Scrib page and we've got all sorts of different collections of
[14:17.800 --> 14:21.400]  tons of information there, articles that I've written.
[14:21.400 --> 14:23.600]  It'll show you infographics.
[14:23.600 --> 14:33.120]  Infographics are one page charts, diagrams, text boxes that a lay person or judge can
[14:33.120 --> 14:40.000]  look at because when I write in legalese and I write like 30 pages of legalese, it's just
[14:40.000 --> 14:42.480]  it's a greet to many people.
[14:42.480 --> 14:48.240]  But you look at this one page flow chart and it says, oh, this is supposed to happen.
[14:48.240 --> 14:50.920]  It's a visual representation of what you're talking about.
[14:50.920 --> 14:51.920]  Correct.
[14:51.920 --> 14:54.560]  This is what actually happened.
[14:54.560 --> 14:56.040]  It's a whole different game.
[14:56.040 --> 14:59.200]  I'm sorry, Troy, say it again.
[14:59.200 --> 15:03.000]  Can you tell me that website again, Joe?
[15:03.000 --> 15:04.000]  Mortgagecomplianceinvestigators.com.
[15:04.000 --> 15:25.920]  And yes, you can just send an email to info at mortgagecomplianceinvestigators.com and
[15:25.920 --> 15:34.880]  like I said, we're going to be having our MCI university up and running in January and
[15:34.880 --> 15:39.320]  I'll be doing two day courses, two five hour courses in January.
[15:39.320 --> 15:41.800]  These are the Internet or the over the Internet.
[15:41.800 --> 15:45.160]  So you'll have Joe Esquivel live in your house.
[15:45.160 --> 15:49.960]  You'll be sitting at your favorite reclining chair and I will be right there, up front
[15:49.960 --> 15:50.960]  and personal.
[15:50.960 --> 15:51.960]  Sounds awesome.
[15:51.960 --> 15:52.960]  Okay.
[15:52.960 --> 15:56.160]  Hope that answered your question.
[15:56.160 --> 16:00.560]  I've taken a lot of your time tonight and I want to thank you.
[16:00.560 --> 16:04.960]  You've given me a lot of information, let me know where I need to start with this and
[16:04.960 --> 16:07.000]  I look forward to the fight.
[16:07.000 --> 16:11.680]  I know that I'm in the right and they are wrong.
[16:11.680 --> 16:12.680]  Thank you again.
[16:12.680 --> 16:18.240]  He who leaves the battlefield first loses the war.
[16:18.240 --> 16:19.240]  Absolutely.
[16:19.240 --> 16:24.120]  I know your battle is just beginning, my friend, good luck.
[16:24.120 --> 16:25.120]  Thank you, sir.
[16:25.120 --> 16:27.080]  Have a good night.
[16:27.080 --> 16:28.080]  You too.
[16:28.080 --> 16:29.080]  Okay.
[16:29.080 --> 16:32.600]  Now we're going to Al in Delaware.
[16:32.600 --> 16:35.600]  How you doing, Randy?
[16:35.600 --> 16:36.600]  Not yet.
[16:36.600 --> 16:37.600]  We're going to break.
[16:37.600 --> 16:38.600]  Wait a minute.
[16:38.600 --> 16:39.600]  Al, your time just got used up.
[16:39.600 --> 16:40.600]  Hang on.
[16:40.600 --> 16:44.640]  We will pick you up on the other side.
[16:44.640 --> 16:48.640]  This is Grant Kelton, Deborah Stevens, Joe Esquivel.
[16:48.640 --> 17:00.720]  You are calling number 512-646-1984, give us a call, get in line, we'll be right back.
[17:00.720 --> 17:06.160]  Through advances in technology, our lives have greatly improved except in the area of
[17:06.160 --> 17:07.160]  nutrition.
[17:07.160 --> 17:11.480]  People feed their pets better than they feed themselves and it's time we changed all that.
[17:11.480 --> 17:17.200]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[17:17.200 --> 17:23.520]  In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can
[17:23.520 --> 17:25.680]  provide the nutrients you need.
[17:25.680 --> 17:30.640]  Logos Radio Network gets many requests to endorse all sorts of products, most of which
[17:30.640 --> 17:31.640]  we reject.
[17:31.640 --> 17:37.000]  We have come to trust young Jevity so much, we became a marketing distributor along with
[17:37.000 --> 17:39.840]  Alex Jones, Ben Fuchs, and many others.
[17:39.840 --> 17:46.120]  When you order from logosradionetwork.com, your health will improve as you help support
[17:46.120 --> 17:47.360]  quality radio.
[17:47.360 --> 17:51.720]  As you realize the benefits of young Jevity, you may want to join us.
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[18:00.640 --> 18:05.360]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.360 --> 18:09.480]  Stop debt collectors now with the Michael Mears proven method.
[18:09.480 --> 18:13.760]  Michael Mears has won six cases in federal court against debt collectors and now you
[18:13.760 --> 18:14.760]  can win too.
[18:14.760 --> 18:19.680]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.680 --> 18:25.000]  civil rights statutes, what to do when contacted by phones, mail, or court summons, how to
[18:25.000 --> 18:29.520]  answer letters and phone calls, how to get debt collectors out of your credit report,
[18:29.520 --> 18:34.160]  how to turn the financial tables on them and make them pay you to go away.
[18:34.160 --> 18:39.280]  The Michael Mears proven method is the solution for how to stop debt collectors.
[18:39.280 --> 18:41.400]  Personal consultation is available as well.
[18:41.400 --> 18:46.960]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[18:46.960 --> 18:49.640]  or email michaelmears at yahoo.com.
[18:49.640 --> 18:58.960]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:58.960 --> 18:59.960]  collectors now.
[18:59.960 --> 19:12.760]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:12.760 --> 19:18.360]  Well don't let nothing get to you, only the father can deliver you, but don't let bad
[19:18.360 --> 19:27.360]  mind people hurt you, until Satan gets behind you, you know what I mean, my friend, now
[19:27.360 --> 19:35.360]  I'll just tell you, trust in God, my friend, tell Him you're proud of Him, call on His
[19:35.360 --> 19:44.360]  name once again, every time you know He will say it, trust in God, my friend, tell Him
[19:44.360 --> 19:52.360]  you're proud of Him, call on His name once again, every time you know He will say it.
[19:52.360 --> 20:17.360]  Okay, we are back, Randy Kelton, Debbie Stevens, Joe Esquivel with our newest official host,
[20:17.360 --> 20:23.360]  Steve Skidmark, more, something like that.
[20:23.360 --> 20:29.880]  Yes, and Debra popped in over the break and I would like to go back and revisit the Logos
[20:29.880 --> 20:38.320]  Radio, Logos, where is it, logosradionetwork.com.
[20:38.320 --> 20:45.120]  On the main page of the website, you will see there at the top, you will see a button
[20:45.120 --> 20:51.680]  to donate and that would be right under what looks like a thermometer, below that in that
[20:51.680 --> 20:56.280]  same box, you will see spread the word, great big bold letters, click on that, when you
[20:56.280 --> 21:02.720]  go to that page, there is HTML code between the top banner and another banner and you
[21:02.720 --> 21:09.000]  will see my ugly face down there in the bottom left, you can copy, if you got a website of
[21:09.000 --> 21:15.040]  your own or a blog site or if you are on Facebook, Twitter, whatever, you can copy that and
[21:15.040 --> 21:21.000]  paste that to all of your social networks, so the word will get out and spread a lot
[21:21.000 --> 21:27.400]  better with this useful little tool and I was not aware of that and I am glad that Debra
[21:27.400 --> 21:30.800]  brought it to my attention.
[21:30.800 --> 21:33.880]  And I am in trouble because she brought it to my attention and I did not bring it to
[21:33.880 --> 21:34.880]  his attention.
[21:34.880 --> 21:38.000]  You are always in trouble though, Randy, that is expected.
[21:38.000 --> 21:42.320]  I have been bad, I should be punished, okay, let us go back.
[21:42.320 --> 21:46.240]  There is nothing we can do that you have not already done to yourself.
[21:46.240 --> 21:48.200]  Okay, back to Alan Delaware.
[21:48.200 --> 21:50.440]  Hi there, Randy.
[21:50.440 --> 21:52.920]  I am doing good, what do you have for us tonight?
[21:52.920 --> 21:58.040]  Well, I got some very interesting developments, I sent out my debt verification letters, I
[21:58.040 --> 22:04.480]  received the bulk of my responses, I was denied a request to see the wet end copy of the note,
[22:04.480 --> 22:09.000]  they just say that it has to stay in house and they cannot let me see it but I can have
[22:09.000 --> 22:10.000]  copies of it.
[22:10.000 --> 22:15.920]  They sent me a document and believe it or not, they keep sending me the same packet
[22:15.920 --> 22:22.560]  over again and there is covenants missing out of every copy of the mortgage that they
[22:22.560 --> 22:23.560]  sent me.
[22:23.560 --> 22:30.560]  I am missing like covenants 15 through 18 in every single mortgage document and on top
[22:30.560 --> 22:36.640]  of it, I reviewed my own mortgage documents, the copies that I signed at closing and they
[22:36.640 --> 22:37.640]  are also missing.
[22:37.640 --> 22:44.200]  That is number one, number two, they sent me the name and number.
[22:44.200 --> 22:45.200]  Wait, hold on.
[22:45.200 --> 22:46.200]  I am sorry.
[22:46.200 --> 22:54.600]  Look at the page numbers on the documents, do you have a page missing or have these?
[22:54.600 --> 22:59.560]  There are two questions to ask, is a page missing?
[22:59.560 --> 23:00.560]  Yes.
[23:00.560 --> 23:04.240]  Okay, so it is just a page missing.
[23:04.240 --> 23:08.840]  There is a page missing and one was added in there, that is a duplicate.
[23:08.840 --> 23:14.200]  Is the page missing, it is recorded documents have been filed in public record?
[23:14.200 --> 23:15.200]  Right.
[23:15.200 --> 23:17.400]  Okay, so it is missing out.
[23:17.400 --> 23:20.760]  Hold on, let us fix this, let us make sure we are right here.
[23:20.760 --> 23:25.520]  Did you look at the documents that have been filed with the county recorder's office?
[23:25.520 --> 23:26.520]  Yes, I did.
[23:26.520 --> 23:30.680]  There is a page missing and then in place of that page that is supposed to be there,
[23:30.680 --> 23:35.800]  a duplicate of another page previous to that is there.
[23:35.800 --> 23:41.080]  So there is like two page threes and no page four and then it goes to page five.
[23:41.080 --> 23:42.080]  Exactly.
[23:42.080 --> 23:45.640]  Okay, does the document have a footer?
[23:45.640 --> 23:52.840]  Does it have a footer, meaning like the page numbers and all that other kind of stuff?
[23:52.840 --> 23:59.760]  Yes, does it say Fannie Mae, Freddie Mac, uniform, instrument number so and so?
[23:59.760 --> 24:00.760]  No.
[24:00.760 --> 24:01.760]  It doesn't.
[24:01.760 --> 24:04.760]  Is this an FHA loan?
[24:04.760 --> 24:11.440]  I think it was a conventional loan but somehow for us.
[24:11.440 --> 24:12.440]  No, no, okay.
[24:12.440 --> 24:15.080]  Who was the original lender?
[24:15.080 --> 24:17.960]  The original lender was Bloomington Mortgage.
[24:17.960 --> 24:28.200]  Okay, interesting.
[24:28.200 --> 24:39.080]  Is there an assignment of the deed of trust filed in the record?
[24:39.080 --> 24:47.720]  There is an assignment of, I guess, servicing of some sort and it looks like they did have
[24:47.720 --> 24:53.920]  it in the order that it went like Bloomington Mortgage originated loan, it went to Citibank
[24:53.920 --> 24:54.920]  and then it went to.
[24:54.920 --> 24:57.920]  Okay, let's back up a bit.
[24:57.920 --> 25:02.560]  When was the transfer made?
[25:02.560 --> 25:03.560]  The first one.
[25:03.560 --> 25:04.560]  The first one.
[25:04.560 --> 25:10.480]  Okay, hold on, let me back up one step further than that.
[25:10.480 --> 25:16.080]  Is the first transfer represented by a separate filing?
[25:16.080 --> 25:18.200]  Let me explain.
[25:18.200 --> 25:27.640]  I have one I just looked at where there was an original mortgagee, a mortgageor and then
[25:27.640 --> 25:36.640]  there was a document filed in the record that said by JP Morgan Chase as successor in interest
[25:36.640 --> 25:43.200]  to Washington Mutual Bank, as successor in interest to North Beach Mortgage or something.
[25:43.200 --> 25:45.640]  Well, there is a mortgage.
[25:45.640 --> 25:48.520]  Say, wait a minute, say what?
[25:48.520 --> 25:53.520]  There had to be a transfer from North Beach Mortgage to Washington Mutual and then from
[25:53.520 --> 25:56.360]  Washington Mutual to JP Morgan Chase.
[25:56.360 --> 25:58.080]  It can't be all in one document.
[25:58.080 --> 26:09.480]  So is there a separate filing for each name that it's transferred to?
[26:09.480 --> 26:10.480]  Yes.
[26:10.480 --> 26:16.040]  What I'm saying is, okay, so when was the first one filed?
[26:16.040 --> 26:20.360]  City Mortgage going to Citibank and then from Citibank going to Nation Star.
[26:20.360 --> 26:21.360]  Yeah, there's three.
[26:21.360 --> 26:23.360]  There's three that I have.
[26:23.360 --> 26:25.360]  Dates, dates.
[26:25.360 --> 26:27.360]  Here they are.
[26:27.360 --> 26:32.360]  Wait, Steve, is City Mortgage out of business?
[26:32.360 --> 26:33.360]  No.
[26:33.360 --> 26:34.360]  Okay.
[26:34.360 --> 26:41.280]  Then we don't get, I'm looking, what I'm looking for is like one we had earlier where there
[26:41.280 --> 26:46.040]  was a transfer made by MERS after the company was out of business.
[26:46.040 --> 26:48.360]  Did he get a copy of the note?
[26:48.360 --> 26:50.920]  Yeah, I have a copy of the note and the mortgage.
[26:50.920 --> 26:54.280]  I've got about like seven copies that keep sending it to me.
[26:54.280 --> 26:58.280]  Are there any endorsements on your note?
[26:58.280 --> 27:00.880]  Yes, there are.
[27:00.880 --> 27:01.880]  How many?
[27:01.880 --> 27:02.880]  Let's see here.
[27:02.880 --> 27:08.200]  Well, I signed it and then there's this attorney at law that signed it.
[27:08.200 --> 27:09.200]  He was a notary.
[27:09.200 --> 27:10.200]  Okay.
[27:10.200 --> 27:12.360]  Is there a stamp on there?
[27:12.360 --> 27:18.000]  Does it look like, I know you're looking at a photostatic copy, but are there any launches?
[27:18.000 --> 27:23.840]  Is there, we know that you would have signed it on the day of closing.
[27:23.840 --> 27:24.840]  Okay.
[27:24.840 --> 27:30.880]  For company A to transfer to company B should be a stamp on it that would say, pay to the
[27:30.880 --> 27:35.000]  order of, then there should be.
[27:35.000 --> 27:36.000]  A named payee.
[27:36.000 --> 27:40.200]  A named payee and then under that it would say without recourse and then somebody sign
[27:40.200 --> 27:41.200]  it.
[27:41.200 --> 27:46.400]  Is there any kind of stamp on that, that alleged copy of the, copy of the alleged note?
[27:46.400 --> 27:52.400]  It'll look like a big rubber stamp that somebody just stamped it and filled in the blanks.
[27:52.400 --> 27:55.920]  Assignment, woman to mortgage to city mortgage.
[27:55.920 --> 27:58.320]  That's the assignment and on the-
[27:58.320 --> 28:04.720]  Okay, well look on the note itself, on the copy of the note itself, not on the assignment.
[28:04.720 --> 28:07.720]  You're looking for the copy of the document that says note.
[28:07.720 --> 28:16.720]  When you sent in your debt validation request, they should have sent you a copy of that.
[28:16.720 --> 28:21.240]  You asked for a copy, to view the wedding doc and they said you can't have that, but
[28:21.240 --> 28:22.840]  here, here's a copy.
[28:22.840 --> 28:24.640]  That's the copy that I'm talking about.
[28:24.640 --> 28:25.640]  Right.
[28:25.640 --> 28:26.640]  Okay.
[28:26.640 --> 28:31.440]  So yeah, I don't actually see that here, I'm looking at the mortgage and the note.
[28:31.440 --> 28:32.440]  Okay.
[28:32.440 --> 28:35.880]  It could be here, I just, I don't, in the interest of time, I don't want to hold you
[28:35.880 --> 28:36.880]  guys up.
[28:36.880 --> 28:39.160]  The note's only three pages, it would be on page three.
[28:39.160 --> 28:40.760]  Yeah, it'd be on the last page.
[28:40.760 --> 28:43.400]  No, I don't see anything like that.
[28:43.400 --> 28:45.600]  And that's what they sent you as debt validation?
[28:45.600 --> 28:49.320]  Wait, pay to the order of city mortgage incorporated without recourse.
[28:49.320 --> 28:50.320]  There you go.
[28:50.320 --> 28:57.240]  All right, so now when it says pay to the order of city mortgage, so city mortgage is
[28:57.240 --> 28:58.240]  a payee.
[28:58.240 --> 28:59.240]  All right.
[28:59.240 --> 29:05.000]  Now, is there a second stamping on there or just one?
[29:05.000 --> 29:08.880]  There's three people that, there's two people that signed under that, but I don't see another
[29:08.880 --> 29:09.880]  stamp.
[29:09.880 --> 29:10.880]  Okay.
[29:10.880 --> 29:11.880]  Wait a minute.
[29:11.880 --> 29:12.880]  Wait a minute.
[29:12.880 --> 29:13.880]  I'm confused.
[29:13.880 --> 29:14.880]  I'm not.
[29:14.880 --> 29:16.880]  City mortgage was the original lender?
[29:16.880 --> 29:17.880]  Nope.
[29:17.880 --> 29:18.880]  No.
[29:18.880 --> 29:19.880]  Oh.
[29:19.880 --> 29:23.840]  City mortgage was the intermediary assignee.
[29:23.840 --> 29:27.520]  Who's the name on the deed of trust?
[29:27.520 --> 29:34.960]  Now, when you say deed of trust, who was the lender when you bought the property?
[29:34.960 --> 29:35.960]  Okay.
[29:35.960 --> 29:36.960]  That was Wilmington mortgage.
[29:36.960 --> 29:37.960]  Oh, Wilmington.
[29:37.960 --> 29:38.960]  Okay.
[29:38.960 --> 29:39.960]  Now I'm not confused.
[29:39.960 --> 29:45.880]  Wilmington would have negotiated to city mortgage and then city mortgage to Jake, to someone
[29:45.880 --> 29:46.880]  else.
[29:46.880 --> 29:47.880]  Okay.
[29:47.880 --> 29:48.880]  I thought city mortgage was original.
[29:48.880 --> 29:49.880]  Okay.
[29:49.880 --> 29:50.880]  Hang on, guys.
[29:50.880 --> 29:54.400]  This is Randy Kelton, Deborah Stevens, Joyce Cavell, Thief Skidmore, and a whole bunch
[29:54.400 --> 29:55.400]  of us.
[29:55.400 --> 29:59.400]  We'll be right back on the other side.
[29:59.400 --> 30:00.400]  Creepy.
[30:00.400 --> 30:06.800]  To attract car buyers, Toyota sent out prank emails claiming to be a cyber stalker.
[30:06.800 --> 30:11.480]  What it got instead was a lawsuit from an understandably terrified woman.
[30:11.480 --> 30:15.440]  I'm Dr. Catherine Albrecht, and I'll have details in a moment.
[30:15.440 --> 30:17.040]  Privacy is under attack.
[30:17.040 --> 30:20.640]  When you give up data about yourself, you'll never get it back again.
[30:20.640 --> 30:25.400]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:25.400 --> 30:30.400]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.400 --> 30:33.160]  Privacy, it's worth hanging on to.
[30:33.160 --> 30:37.460]  This public service announcement is brought to you by Startpage.com, the private search
[30:37.460 --> 30:41.000]  engine alternative to Google, Yahoo, and Bing.
[30:41.000 --> 30:44.720]  Start over with Startpage.
[30:44.720 --> 30:49.640]  The next time you land on a website and have to click that annoying I agree button to proceed,
[30:49.640 --> 30:51.960]  be sure to read the fine print first.
[30:51.960 --> 30:56.240]  One woman didn't, and an advertising firm tricked her into agreeing to be the victim
[30:56.240 --> 30:59.280]  of a fake stalking campaign by Toyota.
[30:59.280 --> 31:03.880]  Amber Dewitt got an email from a friend for a free personality test.
[31:03.880 --> 31:06.720]  She clicked on the website and agreed to its legal terms.
[31:06.720 --> 31:11.280]  Then she started getting creepy emails from an alcoholic Brit with a pit bull.
[31:11.280 --> 31:14.040]  He claimed he knew her home address and was coming to visit.
[31:14.040 --> 31:19.160]  It was just a joke, but it terrified Dewitt, who's now suing Toyota for millions.
[31:19.160 --> 31:20.400]  Moral of the story?
[31:20.400 --> 31:21.880]  Be careful what you click on.
[31:21.880 --> 31:23.680]  I'm Dr. Catherine Albrecht.
[31:23.680 --> 31:30.760]  More news and information at CatherineAlbrecht.com.
[31:30.760 --> 31:36.120]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:36.120 --> 31:38.280]  The government says that fire brought it down.
[31:38.280 --> 31:43.200]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.200 --> 31:45.960]  Over 6,000 of my fellow service members have given their lives.
[31:45.960 --> 31:48.640]  Thousands of my fellow force responders have died.
[31:48.640 --> 31:50.000]  I'm not a conspiracy theorist.
[31:50.000 --> 31:51.000]  I'm a structural engineer.
[31:51.000 --> 31:52.480]  I'm a New York City correctional officer.
[31:52.480 --> 31:53.480]  I'm an Air Force pilot.
[31:53.480 --> 31:55.120]  I'm a father who lost his son.
[31:55.120 --> 31:57.720]  We're Americans, and we deserve the truth.
[31:57.720 --> 32:00.000]  Go to RememberBuilding7.org today.
[32:00.000 --> 32:05.080]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.080 --> 32:07.440]  In today's America, we live in an us-against-them society.
[32:07.440 --> 32:10.760]  If we, the people, are ever going to have a free society, then we're going to have to
[32:10.760 --> 32:12.760]  stand and defend our own rights.
[32:12.760 --> 32:16.080]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.080 --> 32:20.120]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.120 --> 32:23.960]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:23.960 --> 32:25.360]  our rights through due process.
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[32:29.320 --> 32:33.080]  most comprehensive teaching tool available that will help you understand what due process
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[32:48.560 --> 32:50.880]  documents, and other useful resource material.
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[32:54.080 --> 33:12.160]  Order your copy today and together we can have a free society we all want and deserve.
[33:12.160 --> 33:36.280]  Thank you very much.
[33:42.160 --> 33:48.160]  I won't let you pull the wool over my eyes
[33:50.160 --> 33:56.160]  I really must refuse your nose, also come in lies
[33:57.160 --> 34:04.160]  It seems you like the space, but please take some words to the wise
[34:04.160 --> 34:13.160]  Okay, we are back. My name is Kelton David Stevens, Joe Esquivel, Steve Skidmore, and I could probably think of some more names to rattle off.
[34:14.160 --> 34:19.160]  We're talking to Al in Delaware. Okay, where were we, Al?
[34:20.160 --> 34:28.160]  Right, we were talking about the stamp on the note, but there's other things I wanted to tell you about, too, before I forget.
[34:28.160 --> 34:38.160]  My debt validation went out. I got the bounce back. They sent me the letter and on it they basically said, okay, here's the investor that you can go after.
[34:39.160 --> 34:46.160]  All we're doing is the servicing. So they sent me another letter after that giving me a completely different address for Fannie Mae.
[34:47.160 --> 34:54.160]  The first address I had was in Virginia. The second one that they're giving me now, they're saying is in D.C.
[34:54.160 --> 34:58.160]  So it's weird. I just want to see the note. Who has it?
[34:59.160 --> 35:07.160]  Well, it's not going to be any – that Show Me the Note argument died a long time ago. That's probably the first thing that you should be aware of.
[35:08.160 --> 35:10.160]  A copy of the note as it –
[35:11.160 --> 35:14.160]  Hold on, Steve. This is not the Show Me the Note argument.
[35:15.160 --> 35:15.160]  Okay.
[35:16.160 --> 35:21.160]  This is the UCC 3-501 Show Me the Note.
[35:21.160 --> 35:23.160]  Okay. I follow you.
[35:24.160 --> 35:34.160]  That's statutory requirement. This is not him going to court and saying, you claim you have a standing to take an action against me. Show me the note and prove you have standing.
[35:34.160 --> 35:52.160]  This is a demand under UCC 3-501 when the debtor, when a creditor makes a presentation to a debtor, presentation being a demand for payment of United States dollars for a purported debt.
[35:52.160 --> 36:09.160]  If the debtor, alleged debtor demands production of the original debt instrument, the creditor must make the instrument available for inspection.
[36:09.160 --> 36:22.160]  And Al, what you said earlier is they said they couldn't show it to you. Horse manure, they don't have to give it to you. They write about that. But they do have to make it available for inspection.
[36:23.160 --> 36:24.160]  And they haven't done so.
[36:25.160 --> 36:36.160]  When they told you that, they lied to you about them having to keep it and you couldn't see it because they had to keep it. They have to keep it so that you can see it.
[36:37.160 --> 36:37.160]  Right.
[36:37.160 --> 36:40.160]  That's telling us they don't have it.
[36:41.160 --> 36:42.160]  Right.
[36:42.160 --> 36:45.160]  Okay. Go ahead, Steve. I interrupted you.
[36:46.160 --> 37:00.160]  No. Well, I was going back to the copy of the note as it exists today. That's the one that they're claiming, purporting to have a claim on. And that's the one that Joe would need to look at to analyze.
[37:00.160 --> 37:16.160]  It doesn't have to be the original. If they're saying that it's a copy, this is a true and correct copy. That's fine. Because now that they've opened up their mouth and they've made a claim, let them make it.
[37:17.160 --> 37:18.160]  Then you attack it.
[37:19.160 --> 37:20.160]  Correct.
[37:20.160 --> 37:22.160]  If they open the door, you get to walk through it.
[37:23.160 --> 37:24.160]  Okay.
[37:24.160 --> 37:25.160]  Okay. Where do we walk to?
[37:26.160 --> 37:27.160]  Right.
[37:27.160 --> 37:31.160]  Now, how do we attack the note? What are we looking at?
[37:32.160 --> 37:45.160]  You're going to look at the endorsements and you're going to look at who they say the investor is. And you're going to say, okay, is the investor named on the payee line of the tangible promissory note? Yes or no?
[37:45.160 --> 37:59.160]  And then is that investor named in public record? Yes or no? And is that investor the sole party with sole claim to the payment and tangible obligation?
[38:00.160 --> 38:05.160]  Because each one of those parts I've named represents a portion of the mortgage loan instrument.
[38:06.160 --> 38:06.160]  Okay.
[38:06.160 --> 38:10.160]  And in order to claim the entirety, you need to have all three parts.
[38:10.160 --> 38:29.160]  Let me back up with another question here. If the party is named in the public record, is he named in an unbroken chain of assignments from the original holder?
[38:30.160 --> 38:32.160]  And is it done in a timely fashion?
[38:32.160 --> 38:46.160]  Yes. The first goes to standing. The second goes to capacity. If it wasn't done in a timely manner, then they don't have legal capacity.
[38:47.160 --> 38:48.160]  Right.
[38:48.160 --> 38:52.160]  If there's not an unbroken chain, then they don't have standing.
[38:53.160 --> 38:57.160]  Right. And remember, there's a 20-day timeframe.
[38:57.160 --> 39:07.160]  Well, the 20-day timeframe just doesn't give them an automatic perfected. They have an automatic perfected for 20 days.
[39:08.160 --> 39:25.160]  After that, it's not necessarily perfected. It's up to them. If you get into an agreement and on the 21st day, they haven't filed their claim in the record and you come in and drop one in there,
[39:25.160 --> 39:44.160]  they are screwed. If you do it on 19th day, then they're still stands in front of yours. If on the 20th day, they haven't filed theirs and on the 21st day, you file yours, then they file theirs on the 22nd day. Now yours stands in front.
[39:45.160 --> 39:46.160]  Correct?
[39:46.160 --> 39:55.160]  Correct. But like you said, yes, on day 21 by operation of law, the temporary secured becomes an unsecured.
[39:56.160 --> 39:57.160]  That's it.
[39:58.160 --> 40:08.160]  So if yours lands in front, and then they try to secure it by filing a deed of trust when you already got one in front of it, now it goes to who's first in line.
[40:08.160 --> 40:23.160]  But if they filed a deed of trust on the 22nd day and you haven't filed something in between, then they've essentially perfected the claim, assuming everything else is in order.
[40:24.160 --> 40:26.160]  Now, you had another question?
[40:27.160 --> 40:30.160]  Yes. What is the next course of action I should take now?
[40:31.160 --> 40:34.160]  What is the condition of your mortgage?
[40:34.160 --> 40:38.160]  The condition of my mortgage is I'm not paying it.
[40:39.160 --> 40:43.160]  Okay. Are you in foreclosure? They threatened foreclosure?
[40:44.160 --> 40:48.160]  They have. They have threatened many times, but it seems like the debt foundation is pushing them back.
[40:49.160 --> 40:53.160]  Okay. So they don't have a sale date set?
[40:54.160 --> 40:55.160]  No, no.
[40:56.160 --> 41:00.160]  Oh, okay. So you're not in foreclosure. You're just in default.
[41:01.160 --> 41:02.160]  They're threatening.
[41:02.160 --> 41:04.160]  Presumption of deficiency.
[41:05.160 --> 41:05.160]  Right.
[41:06.160 --> 41:18.160]  Presumption of default. I suggest you look at your documentation. If you find anything wrong with it, get a notice of default in the record against the lender.
[41:19.160 --> 41:27.160]  I would be careful not to raise any red flags until you have all your ducks in the row.
[41:27.160 --> 41:39.160]  Get a chain of title from Joe so you know where that note has been. You know all the actors.
[41:40.160 --> 41:45.160]  Now go look at the record and see if all the actors are accurately reflected.
[41:45.160 --> 42:00.160]  If they're not, then you file a notice of default of the deed of trust by breach of the Covenant 20, Covenant 14.
[42:01.160 --> 42:02.160]  Covenant 16 is missing.
[42:03.160 --> 42:03.160]  Right.
[42:04.160 --> 42:11.160]  I wanted to go back to that. In your closing documents, in the package that you got, when did you close on this alleged loan?
[42:12.160 --> 42:13.160]  About seven years ago.
[42:13.160 --> 42:14.160]  Seven years ago.
[42:15.160 --> 42:27.160]  Seven years ago. Okay. In the closing package that you got from the title company seven years ago, right after your closing, you should have gotten a nice, fancy, tidy little package with a copy of everything that you signed.
[42:28.160 --> 42:33.160]  Is the deed of trust missing this page in that package?
[42:34.160 --> 42:35.160]  Yes.
[42:36.160 --> 42:36.160]  Wow.
[42:37.160 --> 42:38.160]  Absolutely.
[42:38.160 --> 42:43.160]  Great. This is wonderful. You don't know what covenants you signed to.
[42:44.160 --> 42:47.160]  You get to sue the title company.
[42:48.160 --> 42:49.160]  There you go.
[42:50.160 --> 42:55.160]  Okay, you still have a severability clause that will be in your note.
[42:55.160 --> 43:20.160]  The severability clause is the one that requires the lender to abide by all law. If you can show that there have been transfers of beneficial interest not noticed to you in a timely manner under the Real Estate Settlement Procedures Act, you can claim a violation of the Real Estate Settlement Procedures Act and thereby breach of contract.
[43:20.160 --> 43:33.160]  Even if it's not on the deed of trust, it's in the note and the note and deed of trust are both parts of the same document, then you claim default.
[43:33.160 --> 43:49.160]  When they foreclose on you, they foreclose on you based on default of that document. You claim default of the document by violation of any law relating to the document. Get yours in there first. Now they've got a problem.
[43:50.160 --> 43:59.160]  Hang on, Randy Kelton, David Stevens, Joe Esquivel, Steve Skidmore, Wheel of Law Radio, call in number 512-646-90.
[43:59.160 --> 44:17.160]  Hello, my name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by our store at 1904 Guadalupe Street, Suite D here in Austin, Texas, hiring Brave New Books and Jay Payne to see all our fantastic health and wellness products with your very own eyes.
[44:17.160 --> 44:29.160]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine. Take a peek at some of our other wonderful products including our Australian Eme oil, lotion candles, olive oil, soaps, and colloidal silver and gold.
[44:29.160 --> 44:48.160]  Call 512-264-4043 or find us online at naturespureorganics.com. That's 512-264-4043, naturespureorganics.com. Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[44:59.160 --> 45:14.160]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Juris Dictionary, the affordable, easy to understand, 4-CD course that will show you how in 24 hours, step by step.
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[46:12.160 --> 46:34.160]  Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, always I must be careful what I'm wishing for. When I'm hungry I like to know just what I'm fishing for.
[46:34.160 --> 46:52.160]  I ain't asking for much, I ain't trying to be no glutton. I'm just here making my living pushing buttons. I get my message out to anyone in shouting distance.
[46:52.160 --> 47:04.160]  I'm both for bravery and against slavery showing resistance. First I'm crawling, then I'm walking, then I start strutting. I'm just so glad to take a ride.
[47:05.160 --> 47:19.160]  Okay, we are back. Randy Kelton, Joe Esquivel, Steve Skidmore, Rule of Law Radio. And on the break we were talking about the title company. Joe, Steve, will you pick that back up?
[47:19.160 --> 47:35.160]  Okay. Al, you tell me that you've got a copy of the deed of trust from the account, from the public records. You've got a copy of the deed of trust in your closing package. You've got an entire page missing.
[47:35.160 --> 47:50.160]  Now, like Randy said, that gives you a cause of action against the title company because the title company had a duty to all parties to make sure that all this, the entire instrument made it not only to the closing table, but also made it into the public record.
[47:51.160 --> 47:58.160]  It apparently didn't make it to the closing table or the public record because it's not in the public record, it's not in your closing package.
[47:58.160 --> 48:25.160]  You get to go after the title company for actually the investor or the servicer for breach of contract. You don't know what you signed. Now they're coming forward with a claim under what part of this contract? Oh, under the page that's not there?
[48:25.160 --> 48:40.160]  Right, because now if he is with Fannie Mae, Ginny Mae or Freddie Mac, in order to do a sale of the obligation, he would have had to sign covenant 20.
[48:40.160 --> 48:59.160]  Right. The note or a partial interest of the note together with the security instrument, maybe perhaps one or more times without notice to the borrower, is what it would have said, even though that is a legal impossibility because the security instrument can only follow a properly perfected note.
[48:59.160 --> 49:28.160]  But since that page is missing, they wouldn't do anything. What was assigned? If you're saying that something was assigned or something was negotiated, keep in mind that in contract law, any instrument that is, or any of several instruments that are signed at the same time for the same purpose, this being signed at the same time for the same purpose on closing day for the mortgage,
[49:29.160 --> 49:47.160]  that means that your note and your deed of trust being inseparable, as outlined in Carpenter v. Longin, they are to be construed together. It doesn't matter if Bobby has the note and George has the deed of trust. They are to be construed together.
[49:47.160 --> 50:05.160]  That's great. Go back again to UCC 3.203. If the transferor purports to transfer anything less than the entire instrument, such as a missing page, then negotiation does not take place. The negotiation does not occur.
[50:05.160 --> 50:19.160]  So what was transferred in this transfer? What was negotiated in this negotiation? Less than the entire instrument? I'd say at least a page less.
[50:19.160 --> 50:46.160]  Right, because again, within the Covenant 20, that was telling what was going to be done. So Covenant 20 being in most mortgages, conventional mortgages, Covenant 20 would be the 16 is the governing law and severability, 20 is the sale of note.
[50:46.160 --> 50:48.160]  Notice to servicing.
[50:49.160 --> 50:50.160]  Notice to servicing, yeah.
[50:51.160 --> 51:07.160]  14 are the fees that are authorized to be charged, 15 are the notices that are required to be given, 16 severability. Those three, if you're missing the page, if the page with that is missing, that is a big deal.
[51:07.160 --> 51:16.160]  It's not in your closing documents, it's not in public record, then it was not offered at closing.
[51:17.160 --> 51:32.160]  And if you have page numbers that are out of sequence, then that's evidence that pages are missing. You don't have to prove it. That was the title company's responsibility. That's what you paid them for.
[51:32.160 --> 51:41.160]  And that's all you paid them for is to make sure all the documentation and everything was right. So you get to sue them for any harm.
[51:41.160 --> 52:03.160]  And the document itself being filed is insufficient on its face. If you're not in foreclosure, you might want to look at a state action to acquire title as to that instrument.
[52:03.160 --> 52:18.160]  Showing that the instrument, based on an examination of the four corners of the document, indicate that the document is insufficient for filing on its face.
[52:19.160 --> 52:27.160]  We don't have to look to anybody else. Nobody else has an argument they can bring here. This is between you and the court.
[52:27.160 --> 52:47.160]  You file a motion to acquire title based on this document. You go to the court and say, this document on its face fails to meet the statutory filing requirements and move the court to rule the documents insufficient for filing.
[52:47.160 --> 53:10.160]  That doesn't take away the right of the lender to collect on the obligation. It merely takes away the right of the lender to exercise the privilege contained in this security instrument by asserting a claim against the property.
[53:10.160 --> 53:20.160]  It means the property is no longer collateral. If you do that, get a deep bust of your own in that record.
[53:21.160 --> 53:32.160]  You might want to set up a trust. I'm reluctant to explain how to do this on the air because I don't want the bad guys figuring it out.
[53:33.160 --> 53:35.160]  But that is real time consuming too.
[53:35.160 --> 53:44.160]  There is a way to build a trust so that you can grant the trust a claim against the property and get that filed in the record.
[53:45.160 --> 54:00.160]  If you can subsequently get the court to rule that the deed of trust as filed, the original, is insufficient and it comes out of the record, then your claim moves up.
[54:00.160 --> 54:09.160]  And what I've been suggesting is that you keep that deed of trust in your back pocket and you go to the court and ask the court to rule that this document is void.
[54:10.160 --> 54:16.160]  If he looks in the record and he doesn't see a claim that you've put in there, it doesn't look like you're trying to step in front of the bank.
[54:17.160 --> 54:22.160]  So it's easier for him to say, yeah, they didn't file it right. They need to refile it correctly.
[54:22.160 --> 54:33.160]  But as soon as he gives you that decision, you run down and drop your claim in the record before they can get new and filed.
[54:34.160 --> 54:36.160]  I do it the same day.
[54:37.160 --> 54:40.160]  Yes, immediately as soon as you get to ruling.
[54:41.160 --> 54:46.160]  First in line is first in time is first in line.
[54:46.160 --> 54:55.160]  So now the court, the bank can come back and refile a corrected security instrument, but it falls behind yours.
[54:56.160 --> 54:59.160]  Does that make sense? Hal, we don't have you unmuted.
[55:00.160 --> 55:03.160]  I was wondering why you were so quiet. Does that make sense, Hal?
[55:03.160 --> 55:23.160]  So just to recap, I file a motion to quiet title for insufficient filing and as soon as I get the judgment back from the state to refile it for the lender or for the lender to refile it, I drop that suit, right?
[55:23.160 --> 55:38.160]  No, you drop a claim. You drop your own deed of trust. You can get the Fannie Mae Freddie Mac Uniform Instrument for Delaware and fill it out to a trust or to someone you can trust.
[55:38.160 --> 55:53.160]  Okay. Preferably not someone within two degrees of co-sanguinity. Your son, your daughter, your wife, someone separated a little bit more. You give them a claim against the property.
[55:54.160 --> 55:59.160]  You can give someone a claim against the property and nullify the claim with a private contract.
[56:00.160 --> 56:00.160]  Right.
[56:00.160 --> 56:11.160]  But get a claim in the property. I have a friend that they didn't get the deed of trust filed. They filed it under his wife's name instead of his.
[56:12.160 --> 56:18.160]  I looked in the record. I saw no deed of trust. I filed a mechanics lien. Sold him a business and took a mechanics lien.
[56:19.160 --> 56:27.160]  Now they can come back and say, oh, well, it was filed. It just wasn't filed in the right place. So now you got to move it over to the right place. It's going to land behind mine.
[56:27.160 --> 56:37.160]  Sorry, Bubba. I get to trust what I see in the record. I looked in the record. I did not see a valid lien publicly filed in the record.
[56:38.160 --> 56:46.160]  You didn't have it filed right. They're going to claim the clerk didn't file it right. And I'm going to tell them your problem, not my problem.
[56:47.160 --> 56:53.160]  My problem is I get to trust what I see here in the record. Mine's first, yours is second.
[56:53.160 --> 57:05.160]  Mine's first, yours is second. But make it a third party. So the third party could come and say, hey, I got this claim. You didn't have your claim proper.
[57:06.160 --> 57:13.160]  If you make the claim, that's going to muddy the waters and look like fraud. But they'll try to make that claim.
[57:13.160 --> 57:23.160]  The judge would be more reluctant to give you the answer you want than if there is a third party who is apparently innocent of all this.
[57:24.160 --> 57:26.160]  And they have about a claim. Does that make sense, Al?
[57:27.160 --> 57:28.160]  Wouldn't that be tortious interference?
[57:29.160 --> 57:31.160]  No.
[57:32.160 --> 57:35.160]  Well, I mean, if they come in and file another claim behind yours.
[57:35.160 --> 57:42.160]  No, no, that's not contract. He's just got a claim that his claim stands in front.
[57:43.160 --> 57:47.160]  You can't move yours in front of mine. You had a duty to properly file it.
[57:48.160 --> 57:57.160]  If you didn't make sure, you filed it with the clerk and they put it in the wrong place. You need to make sure of that or suffer the consequences. Does this make sense, Al?
[57:57.160 --> 58:04.160]  It does. So when I get the trust, I transfer it to somebody else that I do trust.
[58:05.160 --> 58:06.160]  You're right.
[58:07.160 --> 58:09.160]  My son, is that okay if I transfer that?
[58:10.160 --> 58:12.160]  No, he's too close.
[58:13.160 --> 58:19.160]  We're about to go to the top of the hour break. Hang on. We'll explain this in more detail when we come back on the other side.
[58:19.160 --> 58:33.160]  This is Randy Kelton, Joe Escobel, Steve Skidmore, and Debra Stevens, Brutal Blah Radio, our calling number, 512-646-1984.
[58:33.160 --> 58:48.160]  We're going into the third hour and I see you, Israel, Mark, Angie, Darlene, Karen. We'll try to get to everybody, but we'll be right back.
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[59:59.160 --> 01:00:07.160]  This is the Liberty Beat, your daily source for Liberty News and activist updates, online at thelibertybeat.com.
[01:00:07.160 --> 01:00:19.160]  I'm Brian Hagan reporting for the Liberty Beat on Friday, December 6, 2013. Gold trading at $1,216, silver at $19.24, and bitcoin at $963.48.
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[01:01:04.160 --> 01:01:14.160]  What we really wanted to do was to have the insider's perspective. I think one of the things that will surprise audiences is how critical current and former officials at the Fed are of Fed policies in recent years.
[01:01:15.160 --> 01:01:20.160]  That was a way to really strengthen our argument that not everybody feels that the Fed really hasn't made too many mistakes lately.
[01:01:20.160 --> 01:01:25.160]  There are people in the system and leading the system who feel like the Fed has done a really bad job.
[01:01:26.160 --> 01:01:32.160]  Money for Nothing, Inside the Federal Reserve, will be screened Tuesday evening at 6.30 at Austin's Marquesa Hall and Theater.
[01:01:33.160 --> 01:01:36.160]  We were very lucky to line up with F. Schreiber to narrate this film.
[01:01:37.160 --> 01:01:40.160]  We'll continue our conversation with Jim Bruce on Monday's edition of The Liberty Beat.
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[01:02:53.160 --> 01:02:56.160]  This is The Liberty Beat for Friday, December 6, 2013.
[01:02:56.160 --> 01:03:01.160]  Check out the website at thelibertybeat.com.
[01:03:26.160 --> 01:03:47.160]  Okay, we are back.
[01:03:48.160 --> 01:03:52.160]  Randy Kelton, Deborah Stevens, Joe Esquivel, Steve Skidmore, Rue La Radio.
[01:03:52.160 --> 01:03:55.160]  We are talking to Al in Delaware.
[01:03:56.160 --> 01:03:59.160]  Al, did we give you enough information to give you a headache?
[01:04:00.160 --> 01:04:04.160]  Well, yeah, but you know what? Bring it. Bring it on.
[01:04:05.160 --> 01:04:14.160]  Okay, you can listen to the archives and go over a few times and maybe figure out where we screwed up and kind of...
[01:04:15.160 --> 01:04:17.160]  No, no, no. It's fine. It's fine. I'm fine with it.
[01:04:17.160 --> 01:04:23.160]  Yeah, you go over it and fill in the spaces and then you'll probably have a lot more questions next week.
[01:04:24.160 --> 01:04:26.160]  We're going to move ahead. We've got a bunch of callers today.
[01:04:27.160 --> 01:04:34.160]  Thank you, but keep us up to date on how this works out for you.
[01:04:35.160 --> 01:04:36.160]  Thank you, Randy.
[01:04:37.160 --> 01:04:41.160]  Okay, now we're going to go to Israel in California.
[01:04:42.160 --> 01:04:44.160]  Hello, Israel.
[01:04:44.160 --> 01:04:47.160]  Hello, Randy. Good evening, gentlemen.
[01:04:48.160 --> 01:04:49.160]  Good evening.
[01:04:50.160 --> 01:04:53.160]  My question is just like this. This is an original loan from Countrywide.
[01:04:54.160 --> 01:04:58.160]  It was sold to Bank of America and Bank of America transferred to Green 3.
[01:04:59.160 --> 01:05:06.160]  My house is going to be scheduled to be for sale on December 24.
[01:05:06.160 --> 01:05:14.160]  And my question to you guys is wasn't I supposed to get a notice of intent to accelerate?
[01:05:15.160 --> 01:05:24.160]  That will generally be...there's a notice of acceleration and notice of intent to sell.
[01:05:25.160 --> 01:05:27.160]  They generally put those together in one document.
[01:05:27.160 --> 01:05:36.160]  What he's received is just servicing letters, notice of change of servicer, selling the servicing rights.
[01:05:37.160 --> 01:05:39.160]  That's what he's talking about.
[01:05:40.160 --> 01:05:43.160]  No, he's talking about a notice of acceleration.
[01:05:44.160 --> 01:05:50.160]  No, I think it's just a notice of change that they were selling it or transferring it to Green 3.
[01:05:51.160 --> 01:05:52.160]  Okay.
[01:05:53.160 --> 01:05:54.160]  The servicing rights.
[01:05:54.160 --> 01:05:59.160]  Yeah. That's not a negotiation. That's a transfer of servicing rights.
[01:06:00.160 --> 01:06:06.160]  If it was a sale, then it would have fallen under 15 U.S.C. Chapter 41, 1641 G.
[01:06:07.160 --> 01:06:15.160]  And that would have been notice of new creditor in which they would have had 30 days upon the sale to give you notice.
[01:06:16.160 --> 01:06:17.160]  Right.
[01:06:18.160 --> 01:06:21.160]  What's the disposition of your...are you still current?
[01:06:21.160 --> 01:06:24.160]  No, no, he's got a notice of sale.
[01:06:25.160 --> 01:06:26.160]  Oh, okay.
[01:06:27.160 --> 01:06:35.160]  On December 24, and I sent my debt validation letter, the first letter to Bank of America, Countrywide, Green 3.
[01:06:36.160 --> 01:06:45.160]  And the blank room represents Bank of America in which they told me that they cannot provide me with the original mortgage note
[01:06:45.160 --> 01:06:50.160]  because they needed to retain the documents to the borrower.
[01:06:51.160 --> 01:06:56.160]  And they sent me copies of the note and also they sent me a copy of the debt of trust.
[01:06:57.160 --> 01:06:59.160]  Who did they say the investor was?
[01:07:00.160 --> 01:07:01.160]  Green 3.
[01:07:02.160 --> 01:07:06.160]  Green 3 would be the servicer.
[01:07:07.160 --> 01:07:09.160]  Oh, the investor?
[01:07:10.160 --> 01:07:11.160]  Yes.
[01:07:11.160 --> 01:07:16.160]  It's in the note from blank at Roam. It's on probably page 2.
[01:07:17.160 --> 01:07:22.160]  It'll say your investor is, and then it'll name the investor.
[01:07:23.160 --> 01:07:24.160]  Okay.
[01:07:25.160 --> 01:07:26.160]  Okay. Israel.
[01:07:27.160 --> 01:07:28.160]  Yes, sir.
[01:07:29.160 --> 01:07:35.160]  Have I looked at your documents from the county registrar's office?
[01:07:35.160 --> 01:07:45.160]  Yes, I did. I went back yesterday, just this morning and got the original copy of the notice of sale.
[01:07:46.160 --> 01:07:47.160]  Okay.
[01:07:48.160 --> 01:08:00.160]  And so I got a transfer that is called assignment of debt of trust that was taking place sometime in the beginning of middle of November this year.
[01:08:01.160 --> 01:08:02.160]  Okay.
[01:08:02.160 --> 01:08:04.160]  And the document...
[01:08:05.160 --> 01:08:07.160]  Appointment of substitute trustee.
[01:08:08.160 --> 01:08:11.160]  Assignment of deed of trust. That's what it says. That's what it reads.
[01:08:11.160 --> 01:08:31.160]  Okay. What I need to look at is warranty deed, deed of trust, and assignment of deed of trust, and you will most likely have an appointment of substitute trustee.
[01:08:36.160 --> 01:08:37.160]  Okay.
[01:08:37.160 --> 01:08:47.160]  Check the court record. Go to the registrar and ask the registrar to do a search of her records and give you a list of everything she finds.
[01:08:48.160 --> 01:08:49.160]  You mean the county record, not the court record, right?
[01:08:50.160 --> 01:08:51.160]  Yeah, the county registrar.
[01:08:52.160 --> 01:08:53.160]  Okay.
[01:08:53.160 --> 01:08:59.160]  Registrar of deeds. And get her to search the deed records and give you all the documents that she finds.
[01:08:59.160 --> 01:09:07.160]  This, by having the clerk give you this list, that establishes what's publicly available.
[01:09:08.160 --> 01:09:11.160]  And this is why I never suggest that people go find them on their own.
[01:09:12.160 --> 01:09:18.160]  Get the clerk to tell you what's there. If the clerk can't find it, it's not publicly available.
[01:09:18.160 --> 01:09:28.160]  Even if you can figure out how to find stuff, because we accidentally found a deed of trust that was improperly filed.
[01:09:29.160 --> 01:09:34.160]  We don't want to find anything accidentally. We want to know what's publicly available.
[01:09:35.160 --> 01:09:45.160]  And then we look at those, the fact of the notice of acceleration, that is one of the really, really minor issues.
[01:09:45.160 --> 01:09:58.160]  If they have done a threat of sale, then what we want is to get a claim put together and send a notice to the trustee of this claim.
[01:09:59.160 --> 01:10:01.160]  We're looking to stop this sale.
[01:10:01.160 --> 01:10:14.160]  The trustee, it's in the deed of trust that the trustee is indemnified from harm so long as he acts in good faith.
[01:10:14.160 --> 01:10:34.160]  When you notify the trustee that there is a claim against the property, or that there were improprieties in any of the actions from the time the note began to be negotiated to the point they're at now,
[01:10:35.160 --> 01:10:41.160]  once he has noticed there's a problem, he no longer can claim good faith and he can be sued.
[01:10:41.160 --> 01:10:48.160]  So when you notice the trustee of a problem, they'll almost always pull it from the sale.
[01:10:49.160 --> 01:10:54.160]  And then we want to get something in the court to keep him from putting it back in the sale.
[01:10:55.160 --> 01:11:06.160]  He needs to get you the letter back from the bank showing who the investor is from Blanket Room, because Blanket Room just puts on boilerplate templates and they just fill in the dots.
[01:11:06.160 --> 01:11:15.160]  Yeah, but okay, Green, I believe it's Fannie Mae, the original.
[01:11:16.160 --> 01:11:17.160]  That's perfect.
[01:11:18.160 --> 01:11:30.160]  But then in the assignment of deed of trust, this is what it reads, requested by Bank of America, and then when recorded, mailed to court.
[01:11:30.160 --> 01:11:40.160]  Right, all they did is make an assignment to your servicer. It's what's Fannie Mae. They do that automatically, because Fannie Mae only purchased an interest of your mortgage loan instrument.
[01:11:41.160 --> 01:11:44.160]  That's normal what they do.
[01:11:45.160 --> 01:11:51.160]  Wait a minute, I need to look at this. You have Countrywide, then Bank of America, then who?
[01:11:52.160 --> 01:11:54.160]  Green Tree.
[01:11:55.160 --> 01:11:56.160]  Green Tree, okay.
[01:11:56.160 --> 01:12:05.160]  Okay, so is there an assignment of this deed of trust from Countrywide to Bank of America?
[01:12:06.160 --> 01:12:10.160]  I don't see it though.
[01:12:10.160 --> 01:12:28.160]  Okay, this is the reason I ask this is because Countrywide is a wholly owned subsidiary of Bank of America, and they've been trying to get around this failure to file by saying, well, Countrywide is part of the same company.
[01:12:29.160 --> 01:12:34.160]  But we have case law that says don't make any difference. It's not the same company.
[01:12:34.160 --> 01:12:46.160]  Now they may be wholly owned. One company may be wholly owned by another, but it's still a different company. And in order for it to have standing in the record, there must be a transfer.
[01:12:47.160 --> 01:13:01.160]  So we need a transfer in the record from Countrywide to Bank of America, and it needs to have been made before Countrywide went out of business, then from Bank of America to Green Tree.
[01:13:01.160 --> 01:13:04.160]  Is Green Tree still in business?
[01:13:05.160 --> 01:13:05.160]  Yes.
[01:13:06.160 --> 01:13:15.160]  Yes, but most importantly, it's already with Fannie Mae. So an interest has been sold, so now you've already negotiation has not taken place.
[01:13:16.160 --> 01:13:19.160]  So, I mean, he's got a ton of good.
[01:13:19.160 --> 01:13:31.160]  Yeah, you have a ton of things. And this is what I'm going to is some of the easiest claims to make are simple statutory filing errors.
[01:13:32.160 --> 01:13:44.160]  If we look at these documents and Bank of America shows up as transferring from Bank of America to Green Tree, and there's nothing transferring from Countrywide to Bank of America.
[01:13:44.160 --> 01:13:49.160]  You can take that Bank of America document and go to the court and say, who is this guy?
[01:13:50.160 --> 01:14:00.160]  There's nothing in the record showing that he has authority to transfer this. You might as well go down and file a document saying you're going to transfer to somebody else.
[01:14:01.160 --> 01:14:08.160]  Or I could go file one in your house's records judge and transfer your note to somebody else.
[01:14:09.160 --> 01:14:12.160]  If Bank of America can do it, I can do it.
[01:14:12.160 --> 01:14:26.160]  If Bank of America is not named, then the judge can look at that document on his face and say it doesn't say Bank of America doesn't have a claim.
[01:14:27.160 --> 01:14:33.160]  He just said you didn't follow all of these rules and filing this document. Therefore, you got to do it and do it right.
[01:14:33.160 --> 01:15:01.160]  It makes it easier for the judge to render a decision. This is what we're looking for. Those kinds of cut and dry statutorily defined claims that you can, you know, the judge has a duty to determine the facts in accordance with the rules of evidence, then apply the law as it comes to him to the facts in the case.
[01:15:01.160 --> 01:15:15.160]  We give him clear, undisputable facts and we give him clear law. It's easy for him to make this. We want to avoid arguments where there is room for discretion.
[01:15:15.160 --> 01:15:32.160]  So we look for these real simple ones and that's why it's been specific about what's in the record and yours looks like you're going to need a chain of title so you can show that countrywide Bank of America green tree.
[01:15:33.160 --> 01:15:42.160]  Yeah, they're in the record, but they never held the rights that they claim. Does that sound right, Joe?
[01:15:42.160 --> 01:16:02.160]  Yes. When Bank of America bought out countrywide in February 2008, they did a portfolio buyout while Bank of America acquired the personal property and that personal property consisted of millions of pieces of paper.
[01:16:02.160 --> 01:16:22.160]  Millions of pieces of paper that one time were tangible promissory notes and evident debt, but with that debt obligation being ripped out and sold, it was just pieces of paper.
[01:16:23.160 --> 01:16:29.160]  Okay, wait a minute. Let me get this right. You're saying Bank of America bought the assets of countrywide?
[01:16:29.160 --> 01:16:38.160]  Correct, assets of countrywide. So if countrywide had sold the right to be paid, that wasn't an asset.
[01:16:39.160 --> 01:16:56.160]  No, it was personal property. So now when Bank of America comes, oops, we'll pick this up on the other side. This is Joe Esquivel, Randy Kelton, Deborah Stevens, Steve Skidmore, Rule of Law Radio. We'll be right back and we'll continue this.
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[01:19:29.160 --> 01:19:49.160]  Okay, we are back. Randy Kelton, Joe Esquivel, Steve Skidmore and Joe, you were talking to Israel when we went out.
[01:19:49.160 --> 01:20:12.160]  Well, yes. So, let me clear my throat for a minute. All right. So, we were talking about the claim that the lender of the Bank of America.
[01:20:12.160 --> 01:20:24.160]  Yes. Okay, now I know where I'm at. So, what happens is when Bank of America acquired the assets of Countrywide, they acquired simple possession, not legal possession with legal rights.
[01:20:24.160 --> 01:20:45.160]  So, they have all of these millions of papers, but that's all there is just paper. Because the debt that was to be evidenced by that piece of paper had been sold, that debt was no longer an asset of Countrywide.
[01:20:45.160 --> 01:20:54.160]  So, that debt was not an asset of Bank of America. The asset of Bank of America was a personal property that was just a worthless piece of paper.
[01:20:55.160 --> 01:21:06.160]  And the security instrument, being either a deed, a trust or a mortgage with no debt to attach itself to because the decrease in value became a nullity.
[01:21:06.160 --> 01:21:17.160]  And a nullity means that it ceases to exist. It cannot exist. So, Bank of America has a worthless claim.
[01:21:18.160 --> 01:21:33.160]  And the party that alleges to have a claim has a claim to an intangible payment obligation created by the account debtor Countrywide Home Loans Incorporated based on the payment stream of the tangible promissory note.
[01:21:33.160 --> 01:21:44.160]  But Fannie Mae is not listed in public record. Fannie Mae is not listed on the payee line of the tangible promissory note. So, they've already got two strikes out of three against them.
[01:21:45.160 --> 01:21:54.160]  So, having a claim to payment of an obligation and having a claim to a foreclosure action is two different things.
[01:21:54.160 --> 01:22:02.160]  So, in Israel's case, there is not a proper party to come forth with that foreclosure action.
[01:22:03.160 --> 01:22:08.160]  Does that make sense, Israel?
[01:22:08.160 --> 01:22:23.160]  Yeah, and listen though, yes. However, the clock is ticking and I need to take action because to be honest, I was expecting – this is what Green 3 told me. It's kind of tricky though.
[01:22:23.160 --> 01:22:43.160]  On October, when I sent the first validation letter, they said that they were going to respond to my inquiries by November 12, 2013. On November 12, I received another letter saying that they have not completed all my inquiries, so they're going to respond to me by November 12.
[01:22:43.160 --> 01:22:57.160]  And last week, they posted the sales notice on my door. They posted the notice for trustee sales without a stamp or anything.
[01:22:58.160 --> 01:23:11.160]  So, I immediately went to the county records and I showed it to them and they told me that it doesn't have a stamp. It doesn't have a date from the county records or a document number.
[01:23:11.160 --> 01:23:20.160]  So, we don't know if it's true or bad, true or not true. As I said, we need to call them. So, what I did, I got into the Internet.
[01:23:21.160 --> 01:23:34.160]  And indeed, when I got into Recon Trust webpage for properties for sale, it is posted that it's going to go on December 24 at 10.30 a.m.
[01:23:34.160 --> 01:23:44.160]  Okay. You brought in Recon Trust. Is that correct? Recon Trust. Yes, Recon Trust is the one who's doing that.
[01:23:45.160 --> 01:23:53.160]  Recon Trust was named as a substitute trustee. There would need to be a filing in the record of substitute trustee for Recon Trust.
[01:23:53.160 --> 01:24:08.160]  And if Recon Trust claims at the sale that Fannie Mae is a secured bidder or a qualified bidder, because in order to be a qualified bidder, you must be holder in due course.
[01:24:09.160 --> 01:24:16.160]  Because only qualified bidders are exempt from having a $10,000 cash deposit in order to make a bid.
[01:24:16.160 --> 01:24:24.160]  And then upon 72 hours of making that final bid, they must come up with a cashier's check normally.
[01:24:25.160 --> 01:24:33.160]  So, what happens in many cases, Randy, is that a claim is made by Fannie Mae to be a qualified bidder, and nobody disputes that.
[01:24:33.160 --> 01:24:50.160]  And it's an easy dispute. If you're not listed in public record, if you're not listed on the KE line, then I would go after the trustee for breaching his fiduciary responsibility of a true sale to a qualified bidder.
[01:24:51.160 --> 01:24:58.160]  It'd be a wrongful sale. So, he's got a lot of different avenues to go.
[01:24:58.160 --> 01:25:09.160]  Okay. Israel, is there a specific question that you have that we haven't answered?
[01:25:10.160 --> 01:25:24.160]  How to go about doing this? Because David already sent me a whole bunch of papers for me to fill out and send it to the...
[01:25:24.160 --> 01:25:39.160]  Okay. Just get ahold of him. We've got lots of things we can do, and I'll work this out with you. I'll get you some documentation that we can joke a knob in their behinds with.
[01:25:40.160 --> 01:25:44.160]  What did there Randy say again? Did you say get hold of him?
[01:25:44.160 --> 01:26:01.160]  Yeah, yeah. Get hold of me. He's working with David. So, I can talk to him tomorrow. There's way too many things that we can do for me to explain them all here on the air. It'll take us all night. I could do about eight hours on this subject straight.
[01:26:02.160 --> 01:26:03.160]  Wow.
[01:26:03.160 --> 01:26:18.160]  Without a specific issue to address, a whole lot of general stuff, but I'd better do that off the air. So, we're going to go into the next caller and give me a call tomorrow. Give David a call. He'll get ahold of me, and we'll talk tomorrow.
[01:26:19.160 --> 01:26:31.160]  My main thing right now is to stallion on the property, and probably that's what... I'm going to call you tomorrow. Yes, I'll do. Thank you, gentlemen. I appreciate your help, and God bless you guys. Thank you for your work.
[01:26:31.160 --> 01:26:39.160]  Okay. Okay. Thank you, Israel. Now we're going to go to Mark in Wisconsin. Hello, Mark.
[01:26:40.160 --> 01:26:42.160]  Hello, Mr. Kelton. How are you this evening?
[01:26:43.160 --> 01:26:48.160]  I am wonderful. I'm down here in Texas where it's always warm and balmy.
[01:26:49.160 --> 01:26:50.160]  Yeah, we sent you to the old west.
[01:26:51.160 --> 01:26:52.160]  I know you hear some...
[01:26:53.160 --> 01:26:58.160]  That's a bunch of Yankee propaganda. It never gets cold in Texas.
[01:26:58.160 --> 01:27:17.160]  All right. The reason I'm giving a call is to follow up on your advice two weeks ago to look at the constitutional argument that my constitutional rights were violated when the lawyer and the defendant in my other lawsuit lied.
[01:27:17.160 --> 01:27:29.160]  The problem I'm having is coming up with case law, and more importantly, a dollar amount associated with that kind of claim.
[01:27:30.160 --> 01:27:39.160]  I can find a claim where a guy got $10,000 because he had his hat removed. I can find a claim when people are beaten by the police, but I'm not...
[01:27:39.160 --> 01:27:48.160]  Mark, I'm going to cuss at you. Are you familiar with Google Scholar?
[01:27:49.160 --> 01:27:53.160]  I am. Am I in the wrong place then?
[01:27:53.160 --> 01:28:12.160]  I would... I know a lot of people are opposed to using Google for any reason, but Google Scholar is kind of the poor man's Westlaw or what's the other one?
[01:28:12.160 --> 01:28:29.160]  Alexis, yeah. If you can think of something that may have been written in an order that is on point with your issues, type that into the browser and search that way and search in your state for state case law.
[01:28:29.160 --> 01:28:45.160]  That's the problem. I'm having trouble coming up with what's going to be the on point for a constitutional law violation of not being lied to in court.
[01:28:45.160 --> 01:29:00.160]  Okay. Being lied to in court goes not so much to the Constitution, but to the canons of ethics. Look at candor toward the tribunal, ABA rule 3.3.
[01:29:00.160 --> 01:29:19.160]  In fact, to that point, there's a $20 handbook by the ABA in case your lawyer is ethically challenged where it explains how you're supposed to not lie and withdraw from the case quietly if possible, et cetera.
[01:29:19.160 --> 01:29:34.160]  In fact, one of the lawyers associated with my case gave up his partnership at the law firm and I'm just wondering if maybe that was because he said, all right, I need to withdraw and the only way I can get out is to bail from the law firm.
[01:29:34.160 --> 01:29:59.160]  You ran one off. Good for you. That put him on guard and I hear the music in the background. Stay with us, Mark. We'll come back to you on the other side of the break. This is Randy Kelton, Steve Skidmore, Joe Esquivel, Deborah Stevens, Rural Law Radio, 512-646-1984 is the number to dial if you'd like to get in line for conversation. Better make it quick. We'll be right back, folks.
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[01:33:00.160 --> 01:33:17.160]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:30.160 --> 01:33:58.160]  OK, we are back. Randy Kelton, Joe Esquivel, Steve Skidmore with Logos Radio.
[01:33:58.160 --> 01:34:07.160]  And we are talking to Mark in Wisconsin. Mark, probably the best thing you can do is go down to the legal library and talk to the librarian there.
[01:34:08.160 --> 01:34:09.160]  Alright.
[01:34:10.160 --> 01:34:17.160]  The library, they are the best legal researchers around and they are extremely helpful.
[01:34:17.160 --> 01:34:31.160]  That's what I have found. In fact, in my area, we have public access to the local college law library where they teach the lawyers to be comfortable.
[01:34:32.160 --> 01:34:41.160]  Perfect place, perfect place. Just go down to there and schmooze the librarians. They will find you everything you want.
[01:34:41.160 --> 01:34:49.160]  Alright. Do you have a moment to clarify a bit of patriot law myth for me?
[01:34:50.160 --> 01:34:51.160]  OK.
[01:34:52.160 --> 01:35:03.160]  Alright. Gentlemen, if you remember in a previous conversation, I told you about the judge who committed suicide and we attributed it to rather than seeing me, he decided to stop me in a judge.
[01:35:03.160 --> 01:35:10.160]  In that particular case, I ran into a gentleman and I kept telling him, spend some time listening to your radio show.
[01:35:10.160 --> 01:35:32.160]  He is listening to another gentleman who wants to talk about the fringe on the flag and the situation has arised where the gentleman is trying to not give the court jurisdiction or establish the jurisdiction by going ahead and having the appearance.
[01:35:33.160 --> 01:35:35.160]  His special appearance.
[01:35:35.160 --> 01:35:48.160]  His special appearance, correct. And he is talking about how he doesn't want to cross and open up the gate and there and I am telling him, look, you just file the special appearance and you walk past that gate, it's not a problem.
[01:35:49.160 --> 01:35:54.160]  The paperwork is what matters, not where you stand physically.
[01:35:55.160 --> 01:35:56.160]  Exactly. Yeah.
[01:35:57.160 --> 01:35:58.160]  Agree.
[01:35:58.160 --> 01:36:06.160]  I, you know, I'm listening to him and I'm going, OK, the paperwork matters, not this.
[01:36:07.160 --> 01:36:09.160]  OK, here's what I suggest.
[01:36:10.160 --> 01:36:15.160]  He says, you can't pass the bar, you grant the court jurisdiction.
[01:36:16.160 --> 01:36:17.160]  Show me.
[01:36:18.160 --> 01:36:19.160]  Show me that in law.
[01:36:19.160 --> 01:36:27.160]  You know, I'm an engineer and all engineers do is connect the dots together.
[01:36:28.160 --> 01:36:44.160]  So whenever I talk to one of these guys in the, that's doing this patriot mythology and they start giving me all of this doctrine, I say, I tell them, hold on, I'm a creature of statute.
[01:36:44.160 --> 01:36:50.160]  You can never make a proactive statement of law out of your own mouth.
[01:36:51.160 --> 01:36:58.160]  You must make a proactive statement law of law out of the mouth of the courts or the legislature.
[01:36:59.160 --> 01:37:06.160]  Show me what you're telling me in the case law or in the statutory law.
[01:37:06.160 --> 01:37:15.160]  And I always get this, you don't understand, you're just a spoiled sport, blah, blah, blah.
[01:37:16.160 --> 01:37:26.160]  I talked to Winston Shroud over this bankruptcy issue, the 1931 bankruptcy issue, and he's talking about the legacy accounts and all that.
[01:37:27.160 --> 01:37:29.160]  And that's what I told him, I'm a creature of statute.
[01:37:30.160 --> 01:37:32.160]  Where is the law that supports your assertions?
[01:37:33.160 --> 01:37:34.160]  He said, I don't know that there is it.
[01:37:34.160 --> 01:37:37.160]  Well, where'd you come up with this?
[01:37:38.160 --> 01:37:40.160]  He said, well, I figured it out.
[01:37:41.160 --> 01:37:44.160]  Oh, so, and this was on the air, he did this.
[01:37:45.160 --> 01:37:48.160]  So you're saying you made it up?
[01:37:49.160 --> 01:37:53.160]  I said to him, so you're saying you made it up and to Winston's credit.
[01:37:54.160 --> 01:37:56.160]  He thought about it a minute and he said, well, yeah, I did.
[01:37:57.160 --> 01:38:01.160]  I said, Winston, I can't go into court without made it up.
[01:38:01.160 --> 01:38:03.160]  I need statute.
[01:38:04.160 --> 01:38:12.160]  So when this guy tells you that if you cross the bar, you grant the court jurisdiction, show me the code.
[01:38:13.160 --> 01:38:19.160]  If you can't show me the code, you're just making up patriot mythology.
[01:38:20.160 --> 01:38:27.160]  You cannot grant a court subject matter jurisdiction period.
[01:38:27.160 --> 01:38:32.160]  There's nothing you can do to grant the court subject matter jurisdiction.
[01:38:33.160 --> 01:38:40.160]  Now, you can let a court act like it has subject matter jurisdiction simply by not raising the issue.
[01:38:41.160 --> 01:38:46.160]  But there is nothing you can do that can give it to them if they don't have it.
[01:38:47.160 --> 01:38:52.160]  And all this patriot stuff is just mythology.
[01:38:53.160 --> 01:38:55.160]  And the answer to that, show me the law.
[01:38:55.160 --> 01:39:00.160]  And do not trust any of the case law they cite, pull it, read it.
[01:39:01.160 --> 01:39:11.160]  Gene Keating, I looked at his site, first page, six unstated presuppositions and conclusions.
[01:39:12.160 --> 01:39:14.160]  He said, this is so, and this is so, and this is so.
[01:39:15.160 --> 01:39:18.160]  And I said, wait a minute, I don't know that any of that's so.
[01:39:19.160 --> 01:39:22.160]  But he accepts all these things as true just because he said it.
[01:39:22.160 --> 01:39:27.160]  And then he had case law in there and I looked him up in the first five were totally off point.
[01:39:28.160 --> 01:39:30.160]  It didn't have anything to do with what he was talking about.
[01:39:31.160 --> 01:39:32.160]  He just made this junk up.
[01:39:33.160 --> 01:39:36.160]  So don't trust him.
[01:39:37.160 --> 01:39:40.160]  Sometimes I think their government plants sit out here to give us disinformation.
[01:39:41.160 --> 01:39:42.160]  But I do need to move along.
[01:39:43.160 --> 01:39:45.160]  We've only got two minutes left and we've got four calls.
[01:39:46.160 --> 01:39:47.160]  It's been on a long time.
[01:39:47.160 --> 01:39:54.160]  All right, also the ads aren't playing during whole time for the people calling in.
[01:39:55.160 --> 01:39:56.160]  Okay.
[01:39:57.160 --> 01:39:58.160]  What was that?
[01:39:59.160 --> 01:40:00.160]  I missed part of that.
[01:40:01.160 --> 01:40:03.160]  The ads, normally on the break, I get to hear the ads.
[01:40:04.160 --> 01:40:05.160]  I just get dead air.
[01:40:06.160 --> 01:40:07.160]  So something isn't quite right yet.
[01:40:08.160 --> 01:40:09.160]  Okay.
[01:40:10.160 --> 01:40:11.160]  We'll get that checked.
[01:40:12.160 --> 01:40:13.160]  Good night.
[01:40:14.160 --> 01:40:15.160]  Thank you.
[01:40:15.160 --> 01:40:16.160]  Angie in Mississippi.
[01:40:17.160 --> 01:40:18.160]  Hello, Ms. Angie.
[01:40:19.160 --> 01:40:22.160]  Hello, Randy, Steve, Joe.
[01:40:23.160 --> 01:40:25.160]  What do you have for us tonight?
[01:40:26.160 --> 01:40:30.160]  I wanted to speak about the promissory note.
[01:40:31.160 --> 01:40:40.160]  I have still continued to ask, excuse me, to inspect the original promissory note from Wells Fargo and they still refuse.
[01:40:40.160 --> 01:40:45.160]  So they said that...
[01:40:46.160 --> 01:40:47.160]  You can put that on the go figure list.
[01:40:48.160 --> 01:41:00.160] ...USC Title 18, Part 1, Chapter 101, Section 2071, as a note was not deposited or filed with any judicial or public officer of the United States.
[01:41:01.160 --> 01:41:03.160]  They're not providing me with the original note.
[01:41:04.160 --> 01:41:05.160]  Okay.
[01:41:06.160 --> 01:41:08.160]  Was that a statement or a question?
[01:41:08.160 --> 01:41:09.160]  I'm not sure where to go from there.
[01:41:10.160 --> 01:41:24.160]  Well, I just wanted to know, you know, in reference to this, because as far as I understand it, we are allowed to inspect the original promissory note, but they are still refusing...
[01:41:25.160 --> 01:41:26.160]  Okay.
[01:41:27.160 --> 01:41:36.160]  What the statute says is that if they fail to produce the note, you may cease all payment without dishonor.
[01:41:36.160 --> 01:41:43.160]  So, what is the condition of your mortgage?
[01:41:44.160 --> 01:41:51.160]  Well, I've just recently given my information to Joe and I know that they're working on it, but...
[01:41:52.160 --> 01:41:53.160]  No, no, no, that's not what I'm talking about.
[01:41:54.160 --> 01:41:57.160]  Are you up to date, behind, in foreclosure, been foreclosed on?
[01:41:58.160 --> 01:42:01.160]  Yes, I have a sale date of the 19th of this month.
[01:42:01.160 --> 01:42:16.160]  Okay, okay. Then you might look at filing a petition to quiet title or petition to read amandamus.
[01:42:16.160 --> 01:42:30.160]  Based on this issue, you file in the court a petition to read amandamus, asking the court to order the bank to cease all foreclosure actions until it complies with standing law.
[01:42:31.160 --> 01:42:32.160]  Okay.
[01:42:32.160 --> 01:42:49.160]  And under UCC 3-501, you may cease all payments. That would mean they may not continue to enforce collection actions against you because you can't be accused of being in dishonor.
[01:42:50.160 --> 01:42:51.160]  Okay.
[01:42:52.160 --> 01:42:58.160]  This is how you would invoke the statute. This is a very clear statute.
[01:42:59.160 --> 01:43:00.160]  Right.
[01:43:00.160 --> 01:43:12.160]  So look in your Mississippi, look in the Hillbilly records. I'm just teasing.
[01:43:13.160 --> 01:43:14.160]  Easy.
[01:43:15.160 --> 01:43:20.160]  See if you can find some litigation guides for Mississippi.
[01:43:21.160 --> 01:43:22.160]  Okay.
[01:43:22.160 --> 01:43:38.160]  Look up read amandamus and ask the court to issue it. You file anything in the courts against the foreclosure, that really slows them down and backs them up.
[01:43:39.160 --> 01:43:45.160]  The main thing is getting something filed. Unfortunately, we're running out of time here.
[01:43:45.160 --> 01:43:59.160]  Well, I'll pick this up on the other side. Darlene, Karen, Joseph, we'll try to get to all of you. This is Randy Kalk, Deborah Stevens, Rue La Radio. I call it number 512-646-1984. We'll be right back.
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[01:45:00.160 --> 01:45:03.160]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:14.160 --> 01:46:24.160]  Okay, we are back. Randy Kelton, Deborah Stevens, Joe Escobel, Steve Skidmore, Rule of Law Radio, and we're talking to Angie of Mississippi.
[01:46:25.160 --> 01:46:31.160]  Angie, have you taken any action against the bank to stop the foreclosure?
[01:46:31.160 --> 01:46:43.160]  Actually, I've just sent them complaints and trying to get them to prove their claim, notice and demand foreclosure.
[01:46:44.160 --> 01:46:47.160]  Okay, have you sent them a debt validation letter?
[01:46:48.160 --> 01:46:51.160]  Notice and demand foreclosure.
[01:46:52.160 --> 01:46:54.160]  Wait, say that again.
[01:46:55.160 --> 01:46:58.160]  Notice and demand foreclosure.
[01:46:58.160 --> 01:47:01.160]  Oh, foreclosure.
[01:47:02.160 --> 01:47:04.160]  That's not necessarily debt validation.
[01:47:05.160 --> 01:47:06.160]  Okay.
[01:47:07.160 --> 01:47:11.160]  There's a lot of disclosures that fall under the term disclosure.
[01:47:12.160 --> 01:47:15.160]  What specifically are you trying to get them to disclose?
[01:47:16.160 --> 01:47:20.160]  That would be evidenced in a debt validation request.
[01:47:21.160 --> 01:47:24.160]  You're requesting that they validate something specific.
[01:47:24.160 --> 01:47:31.160]  In a debt validation letter, you need to notify them that you deny that you owe them anything.
[01:47:32.160 --> 01:47:37.160]  You dispute their debt completely and demand they prove it up.
[01:47:38.160 --> 01:47:41.160]  Yes, I have. They have sent me four responses, four packets.
[01:47:42.160 --> 01:47:45.160]  Okay, have you filed any kind of action in the courts?
[01:47:46.160 --> 01:47:49.160]  It is still in preparation.
[01:47:49.160 --> 01:47:55.160]  It's still in, okay, that's a no then?
[01:47:56.160 --> 01:47:57.160]  That's correct. Yes, sir.
[01:47:58.160 --> 01:48:00.160]  Okay, then you need to get something filed.
[01:48:01.160 --> 01:48:02.160]  Next week.
[01:48:03.160 --> 01:48:04.160]  Okay, if it's not ready, file it anyway.
[01:48:05.160 --> 01:48:06.160]  Okay.
[01:48:07.160 --> 01:48:08.160]  Steve will tell you about that. He came to me several years ago.
[01:48:09.160 --> 01:48:10.160]  I was a man, yeah.
[01:48:11.160 --> 01:48:12.160]  Yeah, and I filed a garbage suit.
[01:48:13.160 --> 01:48:17.160]  I just pulled some junk down off the internet, stuck it together, gave it to Steve, he filed it.
[01:48:17.160 --> 01:48:19.160]  It stopped everything.
[01:48:20.160 --> 01:48:24.160]  The lawyers come back and said, Your Honor, you should dismiss this suit.
[01:48:25.160 --> 01:48:26.160]  It's a piece of crap.
[01:48:27.160 --> 01:48:28.160]  And the judge looked at it.
[01:48:29.160 --> 01:48:30.160]  Yeah, right, it is a piece of crap.
[01:48:31.160 --> 01:48:32.160]  Amend it.
[01:48:33.160 --> 01:48:34.160]  So we amended it.
[01:48:35.160 --> 01:48:36.160]  We looked at it as a piece of crap.
[01:48:37.160 --> 01:48:38.160]  Amend it again, we amended it again.
[01:48:39.160 --> 01:48:43.160]  So do not wait until your suit is perfect.
[01:48:43.160 --> 01:48:46.160]  And that was four years ago and I'm in the same house.
[01:48:47.160 --> 01:48:48.160]  Just get something filed.
[01:48:49.160 --> 01:48:50.160]  Okay.
[01:48:51.160 --> 01:48:52.160]  Get it in there.
[01:48:53.160 --> 01:48:56.160]  The banks don't pay any attention to anything except getting sued.
[01:48:57.160 --> 01:49:00.160]  Once you sue them, that generally makes them run backwards.
[01:49:01.160 --> 01:49:09.160]  And then if they don't give you notice that they stopped the sale, you go down to the sale and pull the red folder treatment on them.
[01:49:09.160 --> 01:49:20.160]  Well, first thing when you sue and then you send a notice to the trustee that with a copy of the suit, noticing that the trustee that you filed suit.
[01:49:21.160 --> 01:49:23.160]  Now the trustee can't hold the auction in good faith.
[01:49:24.160 --> 01:49:26.160]  Generally, that'll get the trustee to pull it.
[01:49:27.160 --> 01:49:29.160]  If it doesn't, you go down to the sale.
[01:49:30.160 --> 01:49:37.160]  When they call your property's name, you stand up, you wave this red folder in front of them and say there is a claim against this property.
[01:49:37.160 --> 01:49:38.160]  You buy the property.
[01:49:39.160 --> 01:49:40.160]  You buy the claim.
[01:49:41.160 --> 01:49:43.160]  And that will stop everybody from bidding.
[01:49:44.160 --> 01:49:47.160]  And at worst, the bank will buy it back.
[01:49:48.160 --> 01:49:52.160]  And that's not really a bad outcome as outcomes go because we can stop the banks.
[01:49:53.160 --> 01:49:54.160]  Okay.
[01:49:54.160 --> 01:50:03.160]  I do send a letter to the foreclosing attorney revoking any power from the substitute trustee firing the substitute trustee.
[01:50:03.160 --> 01:50:07.160]  Wait, I missed the first part of that.
[01:50:08.160 --> 01:50:12.160]  I sent a letter to the foreclosing attorney.
[01:50:13.160 --> 01:50:15.160]  Wait, I still missed the first part of that.
[01:50:16.160 --> 01:50:19.160]  The first word, what about the first foreclosing attorney?
[01:50:20.160 --> 01:50:24.160]  I sent a letter to the substitute trustee.
[01:50:25.160 --> 01:50:27.160]  That don't mean, okay, that's not going to stop the foreclosure.
[01:50:28.160 --> 01:50:31.160]  If you don't sue them, they're going to foreclose.
[01:50:31.160 --> 01:50:32.160]  They're going to foreclose.
[01:50:33.160 --> 01:50:34.160]  Right. Yes, sir.
[01:50:35.160 --> 01:50:36.160]  And that's all there is to that.
[01:50:37.160 --> 01:50:43.160]  You can send a standard suit, the dispute letter says I dispute the debt.
[01:50:44.160 --> 01:50:47.160]  You file suit saying you are attempting to foreclose.
[01:50:48.160 --> 01:50:49.160]  I don't know who you are.
[01:50:50.160 --> 01:50:51.160]  I don't know what authority you have.
[01:50:52.160 --> 01:50:53.160]  Prove up your position.
[01:50:54.160 --> 01:50:55.160]  File that in the court.
[01:50:56.160 --> 01:50:57.160]  Yes. Okay.
[01:50:58.160 --> 01:50:59.160]  I have to file it in the court.
[01:50:59.160 --> 01:51:00.160]  I have to file suit.
[01:51:01.160 --> 01:51:03.160]  If you don't file suit, they're not going to pay attention to anything.
[01:51:04.160 --> 01:51:05.160]  Yes.
[01:51:06.160 --> 01:51:11.160]  And if you file suit, you screw the whole thing up, the judge is going to say, you screwed this thing up.
[01:51:12.160 --> 01:51:13.160]  You need to refile it.
[01:51:14.160 --> 01:51:16.160]  But they'll give you time to refile it.
[01:51:17.160 --> 01:51:19.160]  So just get something in there.
[01:51:20.160 --> 01:51:21.160]  Yes, sir.
[01:51:22.160 --> 01:51:25.160]  And then keep listening because, you know, go over the front part of this show.
[01:51:25.160 --> 01:51:29.160]  We go over a lot of the issues that you'll be able to claim.
[01:51:30.160 --> 01:51:34.160]  And you can listen to it two or three times and then look at your documentation.
[01:51:35.160 --> 01:51:36.160]  You'll begin to find these.
[01:51:37.160 --> 01:51:38.160]  Or you can contact me off the air.
[01:51:39.160 --> 01:51:41.160]  Send me an email at randy at ruleoflawradio.com.
[01:51:42.160 --> 01:51:43.160]  Send me some questions.
[01:51:44.160 --> 01:51:45.160]  I'll answer them for you.
[01:51:46.160 --> 01:51:47.160]  Okay.
[01:51:48.160 --> 01:51:49.160]  Okay. I need to move along.
[01:51:50.160 --> 01:51:52.160]  We've got three more callers and we're only seven minutes left.
[01:51:52.160 --> 01:51:54.160]  Okay. Thank you.
[01:51:55.160 --> 01:51:56.160]  Okay. Thank you, Angie.
[01:51:57.160 --> 01:52:00.160]  Now we're going to go to Karen in Missouri.
[01:52:01.160 --> 01:52:02.160]  Hello, Karen.
[01:52:03.160 --> 01:52:04.160]  What do you have for us tonight?
[01:52:05.160 --> 01:52:06.160]  Oh, I got a big mess.
[01:52:07.160 --> 01:52:14.160]  I got a mortgage from a local broker back in 2008 and they immediately sold it to Taliban and Whitaker.
[01:52:15.160 --> 01:52:18.160]  And then Taliban and Whitaker went under.
[01:52:18.160 --> 01:52:29.160]  And the lender kept the DOD in his name as the trustee on that deed, even after he sold the mortgage.
[01:52:30.160 --> 01:52:31.160]  Well, then Taliban went under.
[01:52:32.160 --> 01:52:36.160]  Then I had a bunch of people all claim that they owned my mortgage and I started sending out.
[01:52:37.160 --> 01:52:38.160]  Okay. Okay. Hold on.
[01:52:39.160 --> 01:52:41.160]  What is your question?
[01:52:41.160 --> 01:52:48.160]  Well, my-
[01:52:49.160 --> 01:52:52.160]  You want to know generally how to adjudicate this?
[01:52:53.160 --> 01:52:55.160]  Well, yeah, generally.
[01:52:56.160 --> 01:53:05.160]  I finally got them to come up with-they came along after two years, a year after Taliban went under.
[01:53:05.160 --> 01:53:13.160]  Okay. Wait, wait. Hold on. I'm not being difficult, but we're running out of time so I don't have time for the whole story.
[01:53:14.160 --> 01:53:18.160]  What is the condition of your mortgage at the moment?
[01:53:19.160 --> 01:53:26.160]  My house has already been foreclosed on and I'm scheduled for an unlawful detainer next week.
[01:53:26.160 --> 01:53:35.160]  I've had an attorney since January and I'm starting to-I just realized that he's what they're referring to as percentage defenders.
[01:53:36.160 --> 01:53:46.160]  Okay. Here's what I need you to do. Go down to the county, register our deeds, get a copy of everything that has been filed in the public record.
[01:53:47.160 --> 01:53:48.160]  I've already got it.
[01:53:48.160 --> 01:54:00.160]  Okay. Email that to me at randy at ruleoflawradio.com and send me a phone number.
[01:54:01.160 --> 01:54:04.160]  I will have a look at it tomorrow and I'll give you some suggestions.
[01:54:05.160 --> 01:54:06.160]  That would be wonderful.
[01:54:07.160 --> 01:54:11.160]  This is hard to start here. There's so many things that I have to look at.
[01:54:11.160 --> 01:54:24.160]  Once I look at that documentation, I can give you a good idea of what we can do to jerk a knot in their shorts to stop them in the short term and then how to hold them back in the long term.
[01:54:25.160 --> 01:54:30.160]  Okay. Where am I sending this to again, Randy? At what?
[01:54:31.160 --> 01:54:35.160]  Ruleoflawradio.com.
[01:54:35.160 --> 01:54:42.160]  Radio.com. And what exactly do you want me to send you?
[01:54:43.160 --> 01:54:44.160]  All these copies?
[01:54:45.160 --> 01:54:48.160]  All of the documents that's been filed in the county registrar's office.
[01:54:49.160 --> 01:54:53.160]  Okay. All right. I'll do that.
[01:54:54.160 --> 01:54:56.160]  Okay. Thank you, Ms. Karen.
[01:54:57.160 --> 01:55:01.160]  Okay. Now we're going to Joseph in Illinois.
[01:55:01.160 --> 01:55:06.160]  Hello, Joseph. What do you have for us?
[01:55:07.160 --> 01:55:12.160]  Could not understand you.
[01:55:13.160 --> 01:55:22.160]  Joseph, I think we have a very, very bad connection.
[01:55:23.160 --> 01:55:25.160]  I'm just getting a few little grunts and noises.
[01:55:25.160 --> 01:55:30.160]  You might try calling back, maybe get a better connection.
[01:55:31.160 --> 01:55:35.160]  Okay. We're going to go to Darlene in Florida.
[01:55:36.160 --> 01:55:37.160]  Hello, Ms. Darlene.
[01:55:38.160 --> 01:55:40.160]  Hey. This is just going to be real quick.
[01:55:41.160 --> 01:55:48.160]  I just want to get some ideas from you about an attorney that on my case went through.
[01:55:48.160 --> 01:55:54.160]  We had a counterclaim. He insisted that I needed to accept this money on the counterclaim.
[01:55:55.160 --> 01:55:59.160]  He took it, put it in his trust account, and now I can't get my money.
[01:56:00.160 --> 01:56:02.160]  I mean, I've already talked to the Florida Bar.
[01:56:03.160 --> 01:56:04.160]  They want me to send it over to them.
[01:56:05.160 --> 01:56:07.160]  But any other ideas what to do on this?
[01:56:08.160 --> 01:56:10.160]  Send him a tort letter.
[01:56:11.160 --> 01:56:16.160]  A notice of intent to sue.
[01:56:16.160 --> 01:56:23.160]  Okay. You've bargrieved him or did you just call the Florida Bar?
[01:56:24.160 --> 01:56:33.160]  I called them and they said to send the information over because they weren't too pleased about him taking the money and not wanting to give it to me.
[01:56:34.160 --> 01:56:37.160]  Yeah. File a bar grievance against him.
[01:56:38.160 --> 01:56:41.160]  Look online. They'll have a grievance form online.
[01:56:42.160 --> 01:56:43.160]  File the grievance.
[01:56:44.160 --> 01:56:44.160]  Right.
[01:56:44.160 --> 01:56:47.160]  And then send him a notice of intent to sue.
[01:56:48.160 --> 01:56:57.160]  You'll find that template form on the Florida Bar Association website.
[01:56:58.160 --> 01:57:02.160]  That bar grievance is going to hammer him pretty good.
[01:57:03.160 --> 01:57:11.160]  The Florida Bar insures these lawyers and they'll raise these rates from the grievance.
[01:57:11.160 --> 01:57:17.160]  And then when you give them a notice of intent to sue, the bar is going to be real unhappy with him.
[01:57:18.160 --> 01:57:24.160]  But I would sue him just for the money that he's not given me?
[01:57:25.160 --> 01:57:28.160]  Yeah. Sue him for three times the amount he didn't give you.
[01:57:29.160 --> 01:57:30.160]  Okay.
[01:57:30.160 --> 01:57:45.160]  That'll hurt him big time. Between the suit and the bar grievance, it's going to cost him a whole lot more in added insurance costs than what he tried to steal from you.
[01:57:46.160 --> 01:57:55.160]  You might go down to the district attorney and try to get the district attorney to indict him for stealing your money.
[01:57:55.160 --> 01:58:02.160]  Now the district attorney is not going to do that, but he's going to call this guy and say, I got this woman down here trying to get me to arrest you.
[01:58:03.160 --> 01:58:07.160]  You want to explain this to me? And that will get his attention.
[01:58:08.160 --> 01:58:09.160]  Okay.
[01:58:10.160 --> 01:58:15.160]  Okay. Sorry we don't have more time, Darlene, but give us a call next week when we'll be back.
[01:58:16.160 --> 01:58:21.160]  We had a lot of callers this week, so a lot of people had to hold on for a while. And anybody I didn't get to, I'm sorry.
[01:58:21.160 --> 01:58:26.160]  We'll try to call us back next Thursday or Friday. We'll try to get to everybody.
[01:58:27.160 --> 01:58:40.160]  This is Randy Kelton, Joe Esquivel, Steve Skidmore and Deborah Stevens with Rule of Law Radio, our illustrious Deborah Stevens with Rule of Law Radio.
[01:58:41.160 --> 01:58:48.160]  We will be back next week, so listen in, give us a call. Thank you for listening and good night.
[01:58:48.160 --> 01:58:50.160]  Good night.
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