[00:00.000 --> 00:08.580]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:08.580 --> 00:10.580]  at thelibertybeat.com.
[00:10.580 --> 00:16.180]  I'm Brian Hagan with your Liberty Beat for Friday, February 14th, 2014.
[00:16.180 --> 00:25.800]  Gold opened today at $1,294, silver opened at $20.24, and Bitcoin is trading at $633.
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[00:59.240 --> 01:06.200]  And from My Magic Mud, available at Brave New Books or online at mymagicmud.com.
[01:06.200 --> 01:11.720]  In the news, over 4,000 Bitcoins have been stolen in a hack of the latest incarnation
[01:11.720 --> 01:14.400]  of the Silk Road deep web marketplace.
[01:14.400 --> 01:19.640]  Moderator Defcon, in a blog post, states that the hack was done through the same transaction
[01:19.640 --> 01:26.400]  malleability exploit that led Mt. Gox and Bitstamp to disable all withdrawals indefinitely.
[01:26.400 --> 01:34.160]  If a bill introduced gains enough support, sodas, fruit juices and similar sugary drinks
[01:34.160 --> 01:37.280]  would carry health warning labels in California.
[01:37.280 --> 01:40.920]  The proposed labels would be similar to those found on packs of cigarettes.
[01:40.920 --> 01:45.480]  The Daily Democrat reports the bill would require all drinks made with added sweeteners
[01:45.480 --> 01:49.840]  equal to 75 or more calories per 12 ounces to carry the labels.
[01:49.840 --> 01:54.520]  Fast food restaurants would be required to display the labels on self-serve soda machines,
[01:54.520 --> 01:58.720]  while other businesses like movie theaters that fill sodas for their customers would
[01:58.720 --> 02:03.400]  have to adhere warning labels to their countertops.
[02:03.400 --> 02:08.560]  Male and female are now only two of more than nearly 50 different terms Facebook users can
[02:08.560 --> 02:10.720]  use to identify their gender.
[02:10.720 --> 02:14.640]  The Associated Press reports that along with that change, three preferred pronoun choices
[02:14.640 --> 02:18.960]  are also allowed, with him, her or them allowed to be selected.
[02:18.960 --> 02:23.440]  Facebook says the changes, which go into effect Thursday, are aimed at providing more choices
[02:23.440 --> 02:26.040]  in how users describe themselves.
[02:26.040 --> 02:32.960]  Support for Liberty Beat comes from Brave New Books, your local source for Tangy Tangerine,
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[02:40.840 --> 02:45.320]  Support also comes from Liberty Stickers, online at LibertyStickers.com.
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[02:52.520 --> 02:59.520]  This is the Liberty Beat for Friday, February 14th, 2014, check out the website at theLibertyBeat.com.
[03:22.520 --> 03:41.520]  We are originators, and the pathway seems to get straighter every day, and I can take
[03:41.520 --> 03:46.520]  anything that belongs to me and put it to good use.
[03:46.520 --> 03:53.520]  Well, I was hooked for the gander, gonna work for the food.
[03:53.520 --> 04:05.520]  I know some architects, I know some engineers, they see me every day, they know something
[04:05.520 --> 04:07.520]  seems queer.
[04:07.520 --> 04:10.520]  What's up with the blatant deception?
[04:10.520 --> 04:14.520]  What is the nature of what you might gain?
[04:14.520 --> 04:22.520]  I see something headed straight for you, I think it looks just like a train.
[04:22.520 --> 04:28.520]  It smells like a sham of sunburn, I can see them playin' fast and move.
[04:28.520 --> 04:34.520]  We're K, we are back, Randy Kemp, this is Tim Moore, we love radio, and Jason, you started
[04:34.520 --> 04:35.520]  a fight.
[04:35.520 --> 04:41.520]  We're down here in Texas, there's a lot of fracking going on here in Texas, and we were
[04:41.520 --> 04:42.520]  discussing that.
[04:42.520 --> 04:46.520]  I live in Wise County, Texas.
[04:46.520 --> 04:57.520]  Wise County, Texas has more gas wells than any county on the planet, and recently they
[04:57.520 --> 05:03.520]  learned how to cross-drill, so the drill in the Bracken Formation, there used to be a
[05:03.520 --> 05:10.520]  gas well every 120 acres, now they'll be putting a well every two acres.
[05:10.520 --> 05:19.520]  Ten miles south of me, Azalea, Texas, they've been having a number of earthquakes, and we
[05:19.520 --> 05:26.520]  were in the Glen Rose tectonic plate that's been stable for 300 million years, so there's
[05:26.520 --> 05:34.520]  concern that these earthquakes are the result of the drilling and fracking.
[05:34.520 --> 05:38.520]  On the break we had a great fight over this issue.
[05:38.520 --> 05:45.520]  Back to you, Jason, how can someone take the minerals out from under your property without
[05:45.520 --> 05:47.520]  your permission?
[05:47.520 --> 05:49.520]  That's the question?
[05:49.520 --> 05:54.520]  Well, that's part of it, but that's what one of the city council members that I worked
[05:54.520 --> 06:01.520]  with to pass the legislation to block the NDAA in my city, who is the one that told
[06:01.520 --> 06:06.520]  me about this whole thing, and what she basically said is that homeowners could have mineral
[06:06.520 --> 06:11.520]  rights, but when you look at the details of those mineral rights, and this is what she
[06:11.520 --> 06:17.520]  told me, that I haven't done my own research yet, which I intend to do, is that basically
[06:17.520 --> 06:22.520]  if you actually do have mineral rights, those mineral rights only go down a few inches.
[06:22.520 --> 06:25.520]  That is not true.
[06:25.520 --> 06:27.520]  Okay, good.
[06:27.520 --> 06:39.520]  But unless it's peculiar in Idaho, here in Texas, if you have, well, okay, Steve, do
[06:39.520 --> 06:41.520]  you know any more about mineral rights?
[06:41.520 --> 06:44.520]  There are different degrees of mineral rights.
[06:44.520 --> 06:46.520]  There are.
[06:46.520 --> 06:51.520]  When it comes to mineral and water rights, the first thing that comes to my mind is what
[06:51.520 --> 06:57.520]  is the disposition of the ownership of the land, not the real party, but the land that
[06:57.520 --> 07:00.520]  the real property sits on.
[07:00.520 --> 07:04.520]  This goes to land patent.
[07:04.520 --> 07:14.520]  In the state of Texas, now, Texas is pretty unique in regard to land patents in that there
[07:14.520 --> 07:18.520]  are two types of land patents that you can get in Texas.
[07:18.520 --> 07:25.520]  You can either accept a new land patent that is issued by the state of Texas, or you can
[07:25.520 --> 07:32.520]  accept the portion that belongs to you of the original land patent issued by the Republic
[07:32.520 --> 07:34.520]  of Texas.
[07:34.520 --> 07:41.520]  If you opt for the former, the first thing that the state of Texas is going to do is
[07:41.520 --> 07:50.520]  strip your patent of water and mineral rights, as where in opposition, accepting the original
[07:50.520 --> 07:57.520]  land patent issued by the Republic of Texas, land and water rights come with it.
[07:57.520 --> 08:03.520]  Now, there's a big fight over this out in West Texas, and there's an individual listening,
[08:03.520 --> 08:08.520]  I'm sure, tonight who is on the forefront of this fight.
[08:08.520 --> 08:18.520]  And from my understanding that if you accept the existing patent, what you actually own,
[08:18.520 --> 08:23.520]  keep in mind ownership is different from ownership interest.
[08:23.520 --> 08:28.520]  What you have ownership of is the land.
[08:28.520 --> 08:30.520]  Now, what is the land?
[08:30.520 --> 08:36.520]  The land consists of the surface, everything below the surface and everything above the
[08:36.520 --> 08:37.520]  surface.
[08:37.520 --> 08:43.520]  In other words, if you take your warranty deed and your plat map, not your warranty
[08:43.520 --> 08:51.520]  deed, your plat map, you look at your boundaries, your meets and bounds, your property lines.
[08:51.520 --> 08:58.520]  If you accept the original patent, you own everything from the very center point of the
[08:58.520 --> 09:04.520]  earth up through your property lines and out into space.
[09:04.520 --> 09:09.520]  You would own everything on the surface, everything below the surface and everything
[09:09.520 --> 09:11.520]  above the surface.
[09:11.520 --> 09:14.520]  In other words, you'd have private airspace.
[09:14.520 --> 09:21.520]  That having been said, this begs the question, why are people not accepting the original
[09:21.520 --> 09:23.520]  land patents?
[09:23.520 --> 09:31.520]  If you patent, if you accept in the state of Texas, specific to Texas, if you accept
[09:31.520 --> 09:35.520]  that original land patent, and there's a process to do that and I'm not going to get into
[09:35.520 --> 09:40.520]  that, but if you accept that original land patent, you can stop all this because what
[09:40.520 --> 09:47.520]  you've got now is that if somebody fractures or breaks or damages what is yours, you sue
[09:47.520 --> 09:53.520]  them not only for criminal trespass, but for patent infringement.
[09:53.520 --> 09:59.520]  That might give enough incentive to these oil companies to stop doing what they're doing.
[09:59.520 --> 10:02.520]  Here's another issue that has recently come up.
[10:02.520 --> 10:10.520]  If you've been watching the news, the oil industry has been suffering as many losses
[10:10.520 --> 10:16.520]  of human life as has been the banking industry here as of late.
[10:16.520 --> 10:24.520]  The latest casualty in the oil industry, there was an oil reporter that worked on Wall Street.
[10:24.520 --> 10:31.520]  This guy, I can't recall his name, I briefly read over the article.
[10:31.520 --> 10:37.520]  This article came out here just day before yesterday, I believe it was, but this reporter,
[10:37.520 --> 10:44.520]  being on life, he needs medication to sustain his life.
[10:44.520 --> 10:48.520]  He stepped outside for a walk and disappeared.
[10:48.520 --> 10:50.520]  He hasn't been seen since.
[10:50.520 --> 10:52.520]  Now, what did he do?
[10:52.520 --> 10:53.520]  What was so significant about this?
[10:53.520 --> 10:59.520]  What he did was he reported on the oil glut here in the United States of America.
[10:59.520 --> 11:10.520]  We have more oil under the surface of our country than any of these oil companies are letting out.
[11:10.520 --> 11:13.520]  And he was exposing that.
[11:13.520 --> 11:25.520]  But to get back to mineral rights, you can purchase mineral rights and not purchase the surface.
[11:25.520 --> 11:28.520]  Let's say you've got a thousand-acre farm.
[11:28.520 --> 11:33.520]  You want to keep the surface to farm, but you've got no use for the oil underneath.
[11:33.520 --> 11:38.520]  You can lease out your land, you can sell the mineral rights to an oil company.
[11:38.520 --> 11:42.520]  They'll come out to your place, they'll put an oil rig on your place.
[11:42.520 --> 11:47.520]  They'll drill a hole, they'll pump oil, they'll frack, they'll do whatever they've got to do,
[11:47.520 --> 11:55.520]  but they will get out from the earth what they want, and they'll pay you to do it.
[11:55.520 --> 12:00.520]  But so far as retaining, so far as the common man retaining mineral rights,
[12:00.520 --> 12:05.520]  there's only one way that I know to do that, and that's through accepting the original land patent.
[12:05.520 --> 12:08.520]  And again, that's specific to Texas.
[12:08.520 --> 12:13.520]  Yeah, and I know Texas is different because Texas offers King's Title and Lodeo Title,
[12:13.520 --> 12:17.520]  which only Texas and Nevada do, and I know that no other state does that.
[12:17.520 --> 12:19.520]  So that might be specific to Texas.
[12:19.520 --> 12:21.520]  I'll have to look into that.
[12:21.520 --> 12:29.520]  Well, Texas also, if you'll recognize the fact that Texas reserved its right to secede from the Union,
[12:29.520 --> 12:37.520]  therefore we've got our own electrical grid, we've got our own Army, we've got our own Air Force,
[12:37.520 --> 12:41.520]  and we have our own Land Records Office.
[12:41.520 --> 12:46.520]  The other 49 states in the Union use the BLM, Bureau of Land Management.
[12:46.520 --> 12:48.520]  Texas doesn't do that.
[12:48.520 --> 12:50.520]  We've got the GLO, General Land Office.
[12:50.520 --> 12:52.520]  That's 1700 North Congress.
[12:52.520 --> 12:56.520]  That's three blocks north of the Capitol Building.
[12:56.520 --> 12:57.520]  Wow.
[12:57.520 --> 13:01.520]  Yeah, see, what this city council member was saying is that if you have a neighbor,
[13:01.520 --> 13:06.520]  let's say you have, I don't know, 50 acres, and then your neighbor has 50 acres.
[13:06.520 --> 13:12.520]  If your neighbor agrees to do this deal, to lease out their land for a company to come in and frack,
[13:12.520 --> 13:19.520]  that if you as the neighbor does not take the agreement that your neighbor just took,
[13:19.520 --> 13:24.520]  that the company can come into your neighbor's land and go under the ground
[13:24.520 --> 13:34.520]  and take your natural resources, your gas, without your permission, from your neighbor's property.
[13:34.520 --> 13:37.520]  Yep, that's how they do it.
[13:37.520 --> 13:39.520]  It's called slant drilling.
[13:39.520 --> 13:43.520]  That is, they do that, but it's not legal.
[13:43.520 --> 13:45.520]  This is not legal here in Texas.
[13:45.520 --> 13:51.520]  In order to drill a grass well, you have to have 120 acres.
[13:51.520 --> 13:56.520]  You have to have whites to 120 acres, you have to drill in the middle of it
[13:56.520 --> 14:01.520]  so that you're not drawing gas out from under someone else's property.
[14:01.520 --> 14:03.520]  This is axiomatic.
[14:03.520 --> 14:12.520]  If you own a piece of property and you own the mineral rights under that property,
[14:12.520 --> 14:17.520]  those mineral rights are your personal possessions.
[14:17.520 --> 14:22.520]  If you catch somebody else stealing those mineral rights, that's theft.
[14:22.520 --> 14:27.520]  However, there are caveats to that.
[14:27.520 --> 14:38.520]  If you have people all around you that own property and say they all combined own 119 acres
[14:38.520 --> 14:47.520]  and you own an acre in the middle and you're obstinate and a difficult individual to get along with
[14:47.520 --> 14:53.520]  and you say, heck with you guys, I don't want to sell the rights to mine.
[14:53.520 --> 15:00.520]  You are in effect unreasonably interfering with the ability of these other people to contract
[15:00.520 --> 15:05.520]  and there will be concessions made to that.
[15:05.520 --> 15:15.520]  So if you live in a house in a urban area and you own two or three lots
[15:15.520 --> 15:19.520]  and you own the mineral rights to those lots,
[15:19.520 --> 15:23.520]  it's unreasonable that you would be able to stop all of the people around you
[15:23.520 --> 15:28.520]  from being able to extract the minerals from their property
[15:28.520 --> 15:34.520]  because you don't want to extract the minerals from underneath your property
[15:34.520 --> 15:42.520]  and most likely there would be provision for imminent domain capacity
[15:42.520 --> 15:46.520]  to take the mineral rights from your property.
[15:46.520 --> 15:50.520]  Of course, almost certainly they would have to compensate you.
[15:50.520 --> 15:55.520]  But to say that the mineral rights only extend a few inches down,
[15:55.520 --> 15:59.520]  that means you don't have mineral rights, you only have surface rights.
[15:59.520 --> 16:04.520]  And almost certainly if you live in a municipality, you don't have the mineral rights,
[16:04.520 --> 16:06.520]  you only have surface.
[16:06.520 --> 16:10.520]  I live outside the city limits and I was told when I bought the property
[16:10.520 --> 16:12.520]  that I had mineral rights and water rights.
[16:12.520 --> 16:16.520]  Is it in the deed?
[16:16.520 --> 16:18.520]  The deed is what I need to look at.
[16:18.520 --> 16:19.520]  Okay.
[16:19.520 --> 16:21.520]  That's where it has to be.
[16:21.520 --> 16:24.520]  Everything has to be in the county recorder's office.
[16:24.520 --> 16:28.520]  That's the contract.
[16:28.520 --> 16:32.520]  Now if they told you you had the mineral rights
[16:32.520 --> 16:35.520]  and you checked the records at the county recorder's office
[16:35.520 --> 16:38.520]  and that does not reflect that you have the mineral rights,
[16:38.520 --> 16:43.520]  I don't see who ever sold it to you.
[16:43.520 --> 16:44.520]  Okay.
[16:44.520 --> 16:47.520]  Okay, did we answer your question?
[16:47.520 --> 16:50.520]  I know it's kind of out of our league there.
[16:50.520 --> 16:54.520]  We're kind of estimating and guessing here.
[16:54.520 --> 16:56.520]  Okay, hang on.
[16:56.520 --> 16:57.520]  We've got to go to break.
[16:57.520 --> 17:01.520]  We'll be right back.
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[19:01.520 --> 19:05.520]  You are listening to the Logos Radio Network,
[19:05.520 --> 19:12.520]  the LogosRadioNetwork.com.
[19:12.520 --> 19:14.520]  Well, don't let nothing get to you.
[19:14.520 --> 19:17.520]  Only the Father can deliver you.
[19:17.520 --> 19:20.520]  Don't let bad-minded people hurt you.
[19:20.520 --> 19:23.520]  And just sit and get behind.
[19:23.520 --> 19:28.520]  Norman, my friend, Nala Jackson.
[19:40.520 --> 19:44.520]  Okay, we are back, Randy Kelton, Steve Stidmore, Rule of Law Radio,
[19:44.520 --> 19:47.520]  and we're talking to Jason in Idaho.
[19:47.520 --> 19:51.520]  And you have to understand, Jason, we're not lawyers.
[19:51.520 --> 19:57.520]  And, you know, my study is primarily due process and foreclosure,
[19:57.520 --> 19:59.520]  and Steve's is foreclosure.
[19:59.520 --> 20:02.520]  We have some knowledge in these other areas,
[20:02.520 --> 20:10.520]  but when we're out of our area, we're really just giving our opinion
[20:10.520 --> 20:15.520]  based on what seems reasonable and rational.
[20:15.520 --> 20:22.520]  But the problem with law is it's not always apparently reasonable and rational.
[20:22.520 --> 20:32.520]  So this would definitely, what you're addressing would definitely require some research.
[20:32.520 --> 20:37.520]  But I would look at, you know, how much property you have,
[20:37.520 --> 20:40.520]  how much property is around you,
[20:40.520 --> 20:47.520]  and what the mineral right laws and rules in Idaho are.
[20:47.520 --> 20:55.520]  They're almost certainly not going to be the same as here in Texas.
[20:55.520 --> 20:56.520]  Okay.
[20:56.520 --> 21:03.520]  So you might say you've stumped the chumps.
[21:03.520 --> 21:07.520]  Okay, is there anything else, Jason?
[21:07.520 --> 21:11.520]  No, I think I'll start with the deed at the county recorder's office,
[21:11.520 --> 21:13.520]  and I'm going to attend a meeting on Tuesday,
[21:13.520 --> 21:17.520]  and maybe I'll call back in another time and let you guys know what I find,
[21:17.520 --> 21:20.520]  and I'll research it myself in the meantime as well.
[21:20.520 --> 21:21.520]  Sure, do that.
[21:21.520 --> 21:22.520]  Great.
[21:22.520 --> 21:24.520]  Yeah, and if you get some good information on Idaho law,
[21:24.520 --> 21:27.520]  I would very much like to hear it.
[21:27.520 --> 21:28.520]  Okay.
[21:28.520 --> 21:30.520]  I appreciate you taking my call.
[21:30.520 --> 21:32.520]  Thank you, Jason.
[21:32.520 --> 21:40.520]  Okay, now we're going to Rich in White, North Carolina.
[21:40.520 --> 21:41.520]  Hello, Rich.
[21:41.520 --> 21:44.520]  Is it white in North Carolina?
[21:44.520 --> 21:50.520]  Most of it's melted off, but it had been for a couple of days.
[21:50.520 --> 21:54.520]  So what can we do for you today?
[21:54.520 --> 21:59.520]  It's funny you should mention the snow because that actually pertains to my question.
[21:59.520 --> 22:02.520]  This relates to a...
[22:02.520 --> 22:04.520]  We don't know what to do about snow.
[22:04.520 --> 22:06.520]  That's out of our department.
[22:06.520 --> 22:11.520]  You know it never snows in Texas?
[22:11.520 --> 22:12.520]  No.
[22:12.520 --> 22:13.520]  Okay, okay.
[22:13.520 --> 22:16.520]  You may have heard that it snows in Texas.
[22:16.520 --> 22:18.520]  Only in the panhandle.
[22:18.520 --> 22:23.520]  Now, that's a bunch of Yankee propaganda.
[22:23.520 --> 22:24.520]  Okay, wait.
[22:24.520 --> 22:27.520]  We'll stop interrupting now.
[22:27.520 --> 22:31.520]  I'll bear the propaganda in mind.
[22:31.520 --> 22:39.520]  Yeah, this has to do with, well, it's post-foreclosure, post-sale, gotten those to vacate.
[22:39.520 --> 22:41.520]  But I wanted to kind of step back a little bit.
[22:41.520 --> 22:46.520]  Now, are you guys, probably are, but most of the listeners I imagine aren't,
[22:46.520 --> 22:52.520]  are you guys familiar with how foreclosures happen in North Carolina?
[22:52.520 --> 22:57.520]  Somewhat familiar with how foreclosures happen in North Carolina.
[22:57.520 --> 22:58.520]  I have some...
[22:58.520 --> 22:59.520]  Sorry.
[22:59.520 --> 23:03.520]  I know some people in Asheville and we...
[23:03.520 --> 23:06.520]  I don't remember exactly, but it was somewhat different.
[23:06.520 --> 23:12.520]  Isn't North Carolina kind of a semi-judicial state?
[23:12.520 --> 23:13.520]  Exactly.
[23:13.520 --> 23:14.520]  It's strange.
[23:14.520 --> 23:20.520]  We have both mortgages and deeds of trust.
[23:20.520 --> 23:24.520]  The deeds of trust in most states, of course, are non-judicial.
[23:24.520 --> 23:29.520]  However, here, like you said, it's a quasi-adjudicated thing,
[23:29.520 --> 23:35.520]  wherein the clerk of court will handle the foreclosure hearings.
[23:35.520 --> 23:38.520]  Okay, so with that said, I've been...
[23:38.520 --> 23:39.520]  The clerk?
[23:39.520 --> 23:40.520]  Yeah.
[23:40.520 --> 23:42.520]  Say again?
[23:42.520 --> 23:47.520]  The clerk adjudicates these, or the clerk hears these issues?
[23:47.520 --> 23:49.520]  Yes, the clerk of superior court.
[23:49.520 --> 23:50.520]  That is strange.
[23:50.520 --> 23:51.520]  Okay.
[23:51.520 --> 23:55.520]  That appears to be a violation of separation of powers,
[23:55.520 --> 24:03.520]  but I'm certain that North Carolina has addressed that issue.
[24:03.520 --> 24:06.520]  And also what I've noticed is in these hearings,
[24:06.520 --> 24:09.520]  I've been to quite a few of them helping, trying to help several people out,
[24:09.520 --> 24:10.520]  no record is made.
[24:10.520 --> 24:12.520]  There's no court reporter.
[24:12.520 --> 24:18.520]  And when people try to record the proceedings, it gets shut down.
[24:18.520 --> 24:19.520]  Okay.
[24:19.520 --> 24:22.520]  That is an issue I suggest you take on.
[24:22.520 --> 24:28.520]  Glick v. Cuniform.
[24:28.520 --> 24:29.520]  It's not Cuniform.
[24:29.520 --> 24:30.520]  I just looked at it earlier.
[24:30.520 --> 24:33.520]  It's a first circuit decision.
[24:33.520 --> 24:45.520]  The circuit ruled that it is well-founded that the public may record their public officials
[24:45.520 --> 24:48.520]  in the performance of their duty.
[24:48.520 --> 24:57.520]  Here, what is the justification for denying court recording?
[24:57.520 --> 25:00.520]  What was the clerk's justification?
[25:00.520 --> 25:01.520]  Yeah.
[25:01.520 --> 25:02.520]  Okay.
[25:02.520 --> 25:04.520]  Here's the deal.
[25:04.520 --> 25:05.520]  Yes.
[25:05.520 --> 25:09.520]  You are a citizen.
[25:09.520 --> 25:20.520]  You can do anything you want to do so long as the law does not specifically forbid you
[25:20.520 --> 25:23.520]  to do a certain thing.
[25:23.520 --> 25:31.520]  The public official, on the other hand, may only do what the law specifically authorizes
[25:31.520 --> 25:44.520]  them to do, what law authorizes the clerk to deny you in a public hearing.
[25:44.520 --> 25:57.520]  Randy, that case is Glick GLIK v. Cuniform, C-U-N-N-I-F-F-E.
[25:57.520 --> 26:07.520]  Look that up, that is a profound case that I don't see any of the circuits overruling.
[26:07.520 --> 26:08.520]  Okay.
[26:08.520 --> 26:12.520]  Because the case wasn't about that.
[26:12.520 --> 26:25.520]  The case was about a New Jersey city of Boston statute that forbade someone from secretly
[26:25.520 --> 26:28.520]  videotaping the police.
[26:28.520 --> 26:30.520]  And that was what the case was about.
[26:30.520 --> 26:36.520]  But the circuit, when they heard the case, they ruled against that.
[26:36.520 --> 26:45.520]  But then they went on sui sponte to say that it is well founded that the public can record
[26:45.520 --> 26:49.520]  their public officials in the performance of the duty.
[26:49.520 --> 26:55.520]  That wasn't even before the court, but they felt it was important to address that issue.
[26:55.520 --> 27:00.520]  That makes it even more substantial a case.
[27:00.520 --> 27:06.520]  We have this problem in Texas and we're addressing it here in Tarrant County in Fort Worth.
[27:06.520 --> 27:13.520]  What I would suggest, you can get a court reporter for about, and they're just, they're
[27:13.520 --> 27:16.520]  traveling expenses about 150, 200 bucks.
[27:16.520 --> 27:18.520]  That's what we can get them for here.
[27:18.520 --> 27:23.520]  So we go to this hearing and we bring our own court reporter.
[27:23.520 --> 27:28.520]  And then when someone there says you can't have a court reporter, you dial 911.
[27:28.520 --> 27:31.520]  I think we should have done that.
[27:31.520 --> 27:34.520]  This has been the first hearing.
[27:34.520 --> 27:37.520]  That's what I was there as.
[27:37.520 --> 27:43.520]  About a month ago, Mike in North Carolina called you guys and that's who I'm helping out.
[27:43.520 --> 27:45.520]  I'm actually using his phone right now.
[27:45.520 --> 27:53.520]  And I went in and I told the clerk, first thing, I am here as a witness, as a court reporter.
[27:53.520 --> 27:58.520]  And I had a digital audio recorder and they threatened me with all kinds of stuff.
[27:58.520 --> 28:01.520]  Everybody starts, you know, raising cane.
[28:01.520 --> 28:02.520]  Wait a minute, wait a minute.
[28:02.520 --> 28:03.520]  Hold on, hold on, hold on.
[28:03.520 --> 28:07.520]  You just sent them off into deep water.
[28:07.520 --> 28:10.520]  Who threatened you?
[28:10.520 --> 28:13.520]  The clerk.
[28:13.520 --> 28:17.520]  What did the clerk threaten you with?
[28:17.520 --> 28:21.520]  She said she was going to throw me out of the proceedings.
[28:21.520 --> 28:25.520]  Was she big enough to throw you out of the proceedings?
[28:25.520 --> 28:27.520]  No, you're probably fit in my pocket.
[28:27.520 --> 28:29.520]  However, the.
[28:29.520 --> 28:32.520]  Oh, no, no, no, no, no, I'm going somewhere.
[28:32.520 --> 28:33.520]  Oh, okay.
[28:33.520 --> 28:39.520]  Did she make the tacit threat to have you thrown out of the proceeding
[28:39.520 --> 28:45.520]  or did she threaten to throw you out herself?
[28:45.520 --> 28:47.520]  Memory doesn't recall specifically.
[28:47.520 --> 28:51.520]  I just remember her saying.
[28:51.520 --> 28:53.520]  She would have said either.
[28:53.520 --> 28:58.520]  She would have said, I will throw you out or I will have you thrown out.
[28:58.520 --> 29:03.520]  I'm not certain, but it seems like my memory is wanting to say that she said the latter.
[29:03.520 --> 29:06.520]  I will have you thrown out or I will have you removed.
[29:06.520 --> 29:14.520]  And who would she have you removed by?
[29:14.520 --> 29:20.520]  Someone wearing someone prominently displaying a deadly weapon weapon.
[29:20.520 --> 29:24.520]  Most certainly.
[29:24.520 --> 29:27.520]  Then I don't know what you have in North Carolina.
[29:27.520 --> 29:29.520]  I remember reading the general statutes.
[29:29.520 --> 29:41.520]  I think it's Chapter 14, but I don't remember the statute for a terroristic threat in Texas.
[29:41.520 --> 29:45.520]  If you threaten someone for the purpose of denying them access to a public building
[29:45.520 --> 29:50.520]  or interrupting their access to a public building, that is a terroristic threat.
[29:50.520 --> 29:56.520]  And if you do that while prominently displaying a deadly weapon, that's a first degree felony.
[29:56.520 --> 30:01.520]  Hang on.
[30:01.520 --> 30:02.520]  Home sweet home.
[30:02.520 --> 30:05.520]  As Judy Garland used to say, there's no place like it.
[30:05.520 --> 30:09.520]  But there's one room in our homes that's hands down the most dangerous.
[30:09.520 --> 30:13.520]  I'm Dr. Catherine Albrecht, and I'll tell you which one it is in a moment.
[30:13.520 --> 30:15.520]  Privacy is under attack.
[30:15.520 --> 30:19.520]  When you give up data about yourself, you'll never get it back again.
[30:19.520 --> 30:24.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.520 --> 30:29.520]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.520 --> 30:32.520]  Privacy, it's worth hanging on to.
[30:32.520 --> 30:35.520]  This public service announcement is brought to you by Startpage.com,
[30:35.520 --> 30:39.520]  the private search engine alternative to Google, Yahoo, and Bing.
[30:39.520 --> 30:43.520]  Start over with Startpage.
[30:43.520 --> 30:45.520]  What's the most dangerous room in your house?
[30:45.520 --> 30:49.520]  While you may worry about kitchen hazards like hot stoves and sharp knives,
[30:49.520 --> 30:53.520]  the riskiest room happens to be the smallest, your bathroom.
[30:53.520 --> 30:58.520]  Bathroom injuries send nearly a quarter of a million Americans to the emergency room every year,
[30:58.520 --> 31:01.520]  and 14 percent wind up hospitalized.
[31:01.520 --> 31:04.520]  The most hazardous activity is bathing and showering.
[31:04.520 --> 31:06.520]  The most injured body part, the head.
[31:06.520 --> 31:13.520]  The most vulnerable age group, seniors over 85 who suffer more than half of their injuries near the toilet.
[31:13.520 --> 31:17.520]  And ladies, be extra careful in that bathroom danger zone.
[31:17.520 --> 31:20.520]  You are nearly twice as likely to be injured there as a man.
[31:20.520 --> 31:21.520]  Ouch.
[31:21.520 --> 31:30.520]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.520 --> 31:35.520]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:35.520 --> 31:37.520]  The government says that fire brought it down.
[31:37.520 --> 31:42.520]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:42.520 --> 31:45.520]  Over 6,000 of my fellow service members have given their lives.
[31:45.520 --> 31:48.520]  And thousands of my fellow first responders are dying.
[31:48.520 --> 31:49.520]  I'm not a conspiracy theorist.
[31:49.520 --> 31:50.520]  I'm a structural engineer.
[31:50.520 --> 31:52.520]  I'm a New York City correction officer.
[31:52.520 --> 31:53.520]  I'm an Air Force pilot.
[31:53.520 --> 31:54.520]  I'm a father who lost his son.
[31:54.520 --> 31:57.520]  We're Americans, and we deserve the truth.
[31:57.520 --> 32:01.520]  Go to RememberBuilding7.org today.
[32:01.520 --> 32:04.520]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:04.520 --> 32:07.520]  In today's America, we live in an us-against-them society.
[32:07.520 --> 32:09.520]  And if we, the people, are ever going to have a free society,
[32:09.520 --> 32:12.520]  then we're going to have to stand and defend our own rights.
[32:12.520 --> 32:15.520]  Among those rights are the right to travel freely from place to place,
[32:15.520 --> 32:16.520]  the right to act in our own private capacity,
[32:16.520 --> 32:19.520]  and most importantly, the right to due process of law.
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[33:19.520 --> 33:36.520]  Okay, we are back.
[33:36.520 --> 33:39.520]  Randy Kelton, Steve Skidmore, Rule of Law Radio,
[33:39.520 --> 33:42.520]  and we're talking to Rod in North Carolina.
[33:42.520 --> 33:46.520]  Okay, Rod, this is interesting.
[33:46.520 --> 33:50.520]  You know, a lot of times if we haven't really researched the code
[33:50.520 --> 33:57.520]  and take, say, getting your perspective down,
[33:57.520 --> 34:02.520]  always when you go before any public official,
[34:02.520 --> 34:09.520]  keep in mind they are the servants, you are the master.
[34:09.520 --> 34:16.520]  You as the master may do anything you want to
[34:16.520 --> 34:21.520]  unless you as the master have imposed rules on yourself
[34:21.520 --> 34:27.520]  that specifically restrict you from doing certain things.
[34:27.520 --> 34:31.520]  Your servants, on the other hand,
[34:31.520 --> 34:37.520]  may only do what you have specifically authorized them to do.
[34:37.520 --> 34:42.520]  If they assert, if they purport to assert,
[34:42.520 --> 34:46.520]  or assert an authority they do not expressly have,
[34:46.520 --> 34:49.520]  or if they fail to perform a duty they're required to perform,
[34:49.520 --> 34:52.520]  that's a crime in every state.
[34:52.520 --> 34:59.520]  So what specific authority does the clerk have
[34:59.520 --> 35:09.520]  to deny public access to the hearings that the clerk holds?
[35:09.520 --> 35:10.520]  You there, Rich?
[35:10.520 --> 35:12.520]  Are you posing that question to me?
[35:12.520 --> 35:14.520]  I want to know if you're being rhetorical.
[35:14.520 --> 35:18.520]  No, no, I was actually proposing that question.
[35:18.520 --> 35:22.520]  That's a question you have to have answered.
[35:22.520 --> 35:26.520]  If you can't get a specific answer to that,
[35:26.520 --> 35:33.520]  the clerk's act was an act of official oppression.
[35:33.520 --> 35:36.520]  I don't remember what it was in North Carolina,
[35:36.520 --> 35:38.520]  but I remember reading it,
[35:38.520 --> 35:45.520]  and your official misconduct statute reflects 18 U.S. Code 242,
[35:45.520 --> 35:50.520]  which says if a public official acting under the color of his authority,
[35:50.520 --> 35:56.520]  color meaning pretense, and exerts or purports to exert an authority
[35:56.520 --> 36:01.520]  he does not expressly have and in the process denies a citizen
[36:01.520 --> 36:04.520]  in the full and free access to enjoyment of a right,
[36:04.520 --> 36:06.520]  that's Class A misdemeanor in the Fed,
[36:06.520 --> 36:09.520]  and I don't remember what it is in North Carolina,
[36:09.520 --> 36:14.520]  but it's also a crime in North Carolina.
[36:14.520 --> 36:21.520]  Now, I noticed something in what you said before we went out to break, Rich,
[36:21.520 --> 36:24.520]  and that is that when you showed up at court,
[36:24.520 --> 36:26.520]  you told the clerk that you were there,
[36:26.520 --> 36:28.520]  and as close to a quote as I can remember,
[36:28.520 --> 36:33.520]  I don't dictate shorthand, but as best as memory can recall,
[36:33.520 --> 36:37.520]  you told the clerk that you were there A, as a witness,
[36:37.520 --> 36:42.520]  and B, as a court reporter, quote, unquote, court reporter.
[36:42.520 --> 36:48.520]  Now, I can see if that is indeed a quote of what you conveyed to the clerk,
[36:48.520 --> 36:51.520]  I can see why the clerk had a problem with that.
[36:51.520 --> 36:54.520]  Court reporters, quote, unquote, court reporters,
[36:54.520 --> 36:57.520]  have got to go to school to learn to be a court reporter,
[36:57.520 --> 37:00.520]  and they get certified to be a court reporter.
[37:00.520 --> 37:03.520]  If you have not been to school and you have not been certified,
[37:03.520 --> 37:09.520]  then you misrepresented your capacity there.
[37:09.520 --> 37:11.520]  I can see why the clerk got upset,
[37:11.520 --> 37:19.520]  that does not grant the clerk the authority to have you ejected from the courtroom.
[37:19.520 --> 37:23.520]  She may have an issue with it, in which case if she had an issue with it,
[37:23.520 --> 37:25.520]  she should have said, well, do you have a certification?
[37:25.520 --> 37:26.520]  Well, no, I don't.
[37:26.520 --> 37:27.520]  Then you're not a court reporter.
[37:27.520 --> 37:28.520]  Well, then at least I'm a witness,
[37:28.520 --> 37:35.520]  and you lack the authority to have me thrown out, period.
[37:35.520 --> 37:38.520]  End of story.
[37:38.520 --> 37:49.520]  Rick, are you familiar with the court reporting rules,
[37:49.520 --> 37:51.520]  regulations laws in North Carolina?
[37:51.520 --> 37:55.520]  Is there a licensing provision for court reporters,
[37:55.520 --> 37:58.520]  or how are court reporters designated?
[37:58.520 --> 38:03.520]  I know next to nothing about court reporters.
[38:03.520 --> 38:07.520]  Well, before you claim to be one, you might want to look into that.
[38:07.520 --> 38:09.520]  Yeah, I may not have said that.
[38:09.520 --> 38:12.520]  Actually, I'll have to do this later.
[38:12.520 --> 38:16.520]  I had the recorder turned on prior to walking in.
[38:16.520 --> 38:18.520]  It just wasn't in the courtroom.
[38:18.520 --> 38:21.520]  It was a little conference room in the clerk's office.
[38:21.520 --> 38:22.520]  That's where they hold all of them.
[38:22.520 --> 38:26.520]  I had it on, so I got about a minute and a half of audio.
[38:26.520 --> 38:28.520]  That's beneficial.
[38:28.520 --> 38:30.520]  So I'll have to go back over there.
[38:30.520 --> 38:33.520]  I'm not sure if I said specifically court reporter or not,
[38:33.520 --> 38:36.520]  but I know for a fact I told her I was there as a witness.
[38:36.520 --> 38:39.520]  We've got to be very careful with the language we choose.
[38:39.520 --> 38:47.520]  I don't think it will matter in the end if you said you were a court reporter or not.
[38:47.520 --> 38:51.520]  You were a witness, and that is going to be the primary issue.
[38:51.520 --> 38:56.520]  A court reporter is merely an official witness.
[38:56.520 --> 38:58.520]  Right now, there's more to this.
[38:58.520 --> 39:02.520]  I want to give you guys a little bit, a few more of the highlights.
[39:02.520 --> 39:07.520]  I don't want to fix this too long, and it's fantastic information.
[39:07.520 --> 39:12.520]  I'm gobbling it up, but we've got some more pertinent problems here.
[39:12.520 --> 39:17.520]  If I could give you guys a little bit of background, I'll hear the highlights.
[39:17.520 --> 39:19.520]  Hit the ground running, brother.
[39:19.520 --> 39:21.520]  You got the floor.
[39:21.520 --> 39:22.520]  Cool.
[39:22.520 --> 39:23.520]  Okay.
[39:23.520 --> 39:26.520]  First off, we're dealing with a MERS deed of trust.
[39:26.520 --> 39:27.520]  They were nominee.
[39:27.520 --> 39:29.520]  Okay.
[39:29.520 --> 39:34.520]  The original lender was a failed bank, controlled the currency, shut it down,
[39:34.520 --> 39:40.520]  handed it over to the FDIC, and then they handed it off to some bank in Florida.
[39:40.520 --> 39:41.520]  There's been three or four of them.
[39:41.520 --> 39:43.520]  Can you be more specific?
[39:43.520 --> 39:45.520]  Okay, hold on, hold on, hold on.
[39:45.520 --> 39:46.520]  Okay, sure.
[39:46.520 --> 39:50.520]  These sound like presuppositions.
[39:50.520 --> 39:57.520]  What has been filed in the records of the county registrar of deeds?
[39:57.520 --> 40:04.520]  Okay, there is no record of the FDIC or the Office of Control of the Currency
[40:04.520 --> 40:05.520]  taking over the original lender.
[40:05.520 --> 40:06.520]  That's not there.
[40:06.520 --> 40:08.520]  No, we're not asking what's not there.
[40:08.520 --> 40:10.520]  We're asking what is there.
[40:10.520 --> 40:12.520]  Yeah, that's where I'm going.
[40:12.520 --> 40:14.520]  He's right in that.
[40:14.520 --> 40:15.520]  Okay.
[40:15.520 --> 40:22.520]  If there's nothing giving them authority, you're saying that the original lender
[40:22.520 --> 40:24.520]  went out of business.
[40:24.520 --> 40:25.520]  Yes.
[40:25.520 --> 40:27.520]  Here's the deal.
[40:27.520 --> 40:32.520]  The original lender as a fictional entity was a person under law.
[40:32.520 --> 40:33.520]  Right.
[40:33.520 --> 40:36.520]  And when that person went out of business,
[40:36.520 --> 40:37.520]  They died.
[40:37.520 --> 40:38.520]  That person.
[40:38.520 --> 40:39.520]  They died.
[40:39.520 --> 40:40.520]  Exactly.
[40:40.520 --> 40:45.520]  The funeral was held at the FDIC.
[40:45.520 --> 40:46.520]  Yes.
[40:46.520 --> 40:50.520]  MERS cannot come along later and claim that.
[40:50.520 --> 40:59.520]  I was acting as an agent for a client who ordered me to take this action.
[40:59.520 --> 41:05.520]  Unless you're a psychic, you can't take orders from a dead guy.
[41:05.520 --> 41:07.520]  So that's one.
[41:07.520 --> 41:10.520]  And I take it from your response that you've been listing.
[41:10.520 --> 41:12.520]  You already got that part down.
[41:12.520 --> 41:13.520]  Right.
[41:13.520 --> 41:20.520]  The fact that MERS may be the nominee or some of that other crap,
[41:20.520 --> 41:22.520]  that's hard to adjudicate.
[41:22.520 --> 41:31.520]  But what's not hard to adjudicate is that the lender never assigned the deed
[41:31.520 --> 41:37.520]  of trust to some other entity before the lender went out of business.
[41:37.520 --> 41:38.520]  Right.
[41:38.520 --> 41:51.520]  And therefore the lender abandoned the security instrument.
[41:51.520 --> 42:02.520]  The primary remedy for this is a quiet title action to address any document
[42:02.520 --> 42:04.520]  filed after the deed of trust is filed.
[42:04.520 --> 42:08.520]  Now, you said that there was nothing filed after that?
[42:08.520 --> 42:13.520]  As far as with the original lender?
[42:13.520 --> 42:14.520]  Yeah.
[42:14.520 --> 42:21.520]  Was there an assignment of substitute trustee or a transfer of the security instrument?
[42:21.520 --> 42:22.520]  Right.
[42:22.520 --> 42:24.520]  I was getting to that next.
[42:24.520 --> 42:25.520]  Okay.
[42:25.520 --> 42:32.520]  Once the original lender went out of business, the following month, Mike,
[42:32.520 --> 42:37.520]  the homeowner, he sent a series of requests, debt validation, QWRs,
[42:37.520 --> 42:44.520]  some personal letters on and on, invoking UCC 3-501 or Chapter 25 3-501
[42:44.520 --> 42:49.520]  in North Carolina, and no response.
[42:49.520 --> 42:55.520]  So then the next thing filed into the record was a year and a half after the lender
[42:55.520 --> 43:02.520]  went out of business by JP Morgan claiming to be holder in a...
[43:02.520 --> 43:03.520]  Okay.
[43:03.520 --> 43:04.520]  Wait.
[43:04.520 --> 43:05.520]  Hold on.
[43:05.520 --> 43:06.520]  Sorry.
[43:06.520 --> 43:07.520]  Sure.
[43:07.520 --> 43:09.520]  The debt validation letter wasn't filed in the record.
[43:09.520 --> 43:10.520]  Oh, no, no, no, no.
[43:10.520 --> 43:13.520]  These are just correspondence between the homeowner and...
[43:13.520 --> 43:14.520]  Okay.
[43:14.520 --> 43:15.520]  Okay.
[43:15.520 --> 43:16.520]  Let's be careful.
[43:16.520 --> 43:19.520]  The one thing I'm trying to get to.
[43:19.520 --> 43:20.520]  Yes.
[43:20.520 --> 43:26.520]  The records of the county recorder, they are public records.
[43:26.520 --> 43:30.520]  Everybody knows exactly what's in there.
[43:30.520 --> 43:36.520]  Those documents that went to you or between parties,
[43:36.520 --> 43:38.520]  those aren't part of the public records,
[43:38.520 --> 43:44.520]  so the court is not necessarily required to take judicial notice of them.
[43:44.520 --> 43:45.520]  Gotcha.
[43:45.520 --> 43:50.520]  The court is required to take judicial notice of the county registrar's records.
[43:50.520 --> 43:51.520]  Hang on.
[43:51.520 --> 43:55.520]  We'll address that in a little more detail when we come back on the other side.
[43:55.520 --> 44:02.520]  Randy Kelton, Steve Kiddmore, we'll be right back.
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[46:19.520 --> 46:24.520]  Whoa, yeah.
[46:24.520 --> 46:29.520]  Always, I must be careful what I'm wishing for.
[46:29.520 --> 46:34.520]  When I'm hungry, I like to know just what I'm fishing for.
[46:34.520 --> 46:40.520]  I ain't asking for much, I ain't trying to be no glutton.
[46:40.520 --> 46:46.520]  I'm just here making my living, pushing buttons.
[46:46.520 --> 46:52.520]  I'll give my message out to anyone in shot and distance.
[46:52.520 --> 46:55.520]  I'm both for bravery and against slavery.
[46:55.520 --> 46:58.520]  Okay, we are back. Randy Kelton, Steve Skidmore.
[46:58.520 --> 47:01.520]  We have our radio, and we're talking to Richard North Carolina.
[47:01.520 --> 47:09.520]  And I know sometimes I must sound pedantic because I keep harping on these details.
[47:09.520 --> 47:18.520]  But there are certain of these details that are so important that we need to mentally get this sorted out.
[47:18.520 --> 47:29.520]  Rich, you were talking about the Deed of Trust, and then they did this and they did that and they did the other.
[47:29.520 --> 47:37.520]  We get letters from these entities, and we tend to think that these letters mean something.
[47:37.520 --> 47:39.520]  And they may.
[47:39.520 --> 47:52.520]  But we need to keep a very careful distinction between what is filed in the public record and what is sent to us on the private side.
[47:52.520 --> 47:58.520]  Because what's sent to us on the private side really doesn't mean squat.
[47:58.520 --> 48:03.520]  The only thing that really matters is what is in the public record.
[48:03.520 --> 48:08.520]  Who was assigned authority to do what?
[48:08.520 --> 48:15.520]  And I haven't seen North Carolina law on this issue, but every state is going to have,
[48:15.520 --> 48:21.520]  every state that has a county registrar's office or a registrar of deeds, and every state does have one,
[48:21.520 --> 48:25.520]  they're going to have a variation of this statute.
[48:25.520 --> 48:30.520]  And in Texas, it's 13.001 property code.
[48:30.520 --> 48:47.520]  And what it says is, is that any document, any claim against real property, not acknowledged or proven,
[48:47.520 --> 48:55.520]  and properly filed in the county record is void as to the holder.
[48:55.520 --> 49:02.520]  So we don't give a crap what they claim happened to this note.
[49:02.520 --> 49:07.520]  All we care about is what is in the county record.
[49:07.520 --> 49:18.520]  If a state doesn't have this particular statute, then there is no point in having the county registrar's office.
[49:18.520 --> 49:25.520]  The point of this is, is so that if you come to me and you want me to work on your property, but you have money to pay me,
[49:25.520 --> 49:31.520]  so you want me to take a mechanics lien or material monies lien against your property,
[49:31.520 --> 49:41.520]  I can go to the county registrar's office and look in those records, and I can trust what I see there.
[49:41.520 --> 49:49.520]  If I don't see a claim against the property, then based on not seeing a claim against the property,
[49:49.520 --> 49:57.520]  I engage in this contract that gives me a claim against the property, and I file that in the record.
[49:57.520 --> 50:05.520]  The purpose of the county registrar's office is so that no one can come behind me later and say,
[50:05.520 --> 50:12.520]  hold on, wait a minute, I already had this claim against the property.
[50:12.520 --> 50:23.520]  The statutes are such that if you had that claim, you had to file it in the record so I could see it.
[50:23.520 --> 50:32.520]  I couldn't see it, so I took my claim in good faith. You cannot now come and step in front of my claim.
[50:32.520 --> 50:37.520]  First in time is first in line.
[50:37.520 --> 50:42.520]  So, we only care about what's filed in the county record.
[50:42.520 --> 50:49.520]  Is there anything filed in the county record that would grant...
[50:49.520 --> 50:52.520]  I'm sorry, back up.
[50:52.520 --> 51:08.520]  Is there anything filed in the county record by a person or entity who has authority by a filing in the record
[51:08.520 --> 51:15.520]  to grant a claim by some other party or by this party who's making the claim?
[51:15.520 --> 51:25.520]  The next is the statute says that if any claim by any party for whom there is no authorization
[51:25.520 --> 51:33.520]  to make claims against the property is fraudulent by definition, that's 51901C.
[51:33.520 --> 51:41.520]  So, if JP Morgan has filed a document in the record making a claim against title,
[51:41.520 --> 51:50.520]  and there is nothing in the record showing that JP Morgan has been granted this authority
[51:50.520 --> 51:58.520]  by someone who has this authority by the court record, then that claim is void on its face.
[51:58.520 --> 52:02.520]  Does that make sense, Jason, or am I just rambling?
[52:02.520 --> 52:08.520]  Oh, no, it makes sense, and I'm glad you touched on that because I've been having some difficulty.
[52:08.520 --> 52:13.520]  I heard the show last night and you mentioned 51901C,
[52:13.520 --> 52:18.520]  and I'm having trouble finding the corresponding statute in North Carolina.
[52:18.520 --> 52:22.520]  It doesn't mean it doesn't exist. I just can't find it.
[52:22.520 --> 52:30.520]  And it may not exist in exactly that form, but you're going to have a statute in the property code somewhere
[52:30.520 --> 52:34.520]  that requires anyone who has a claim...
[52:34.520 --> 52:42.520]  I'm sorry, it may not require them, but in Texas it does not require you to file your claim.
[52:42.520 --> 52:51.520]  Texas is a free state. You are free to screw yourself if you want to.
[52:51.520 --> 52:57.520]  The state will not prosecute you for screwing yourself.
[52:57.520 --> 53:05.520]  You can not file your claim in the record if you want to, but if you don't,
[53:05.520 --> 53:13.520]  the result is that the claim is void as to the holder.
[53:13.520 --> 53:24.520]  Any claim not acknowledged or proven and properly filed in the county registrar's office is void as to the holder.
[53:24.520 --> 53:30.520]  You are going to have that in North Carolina.
[53:30.520 --> 53:36.520]  You're absolutely going to have that because you have a recorder's office.
[53:36.520 --> 53:41.520]  Without it, there would be no reason to have the recorder's office.
[53:41.520 --> 53:54.520]  So if JP Morgan files something that has the effect of effecting title,
[53:54.520 --> 54:00.520]  and there's nothing in the record before that to show that they have the power to do that,
[54:00.520 --> 54:10.520]  then the remedy of choice is a quiet title action as concerns that particular filing.
[54:10.520 --> 54:15.520]  Okay, we filed a quiet title about a week ago.
[54:15.520 --> 54:23.520]  I wanted to give you guys some more interim details to give you a better picture of what we're looking at here.
[54:23.520 --> 54:26.520]  If I may, just real fast.
[54:26.520 --> 54:35.520]  Okay, so JP Morgan, they did file both a substitution of trustee and an assignment of deed of trust.
[54:35.520 --> 54:41.520]  One week after, they filed the notice of foreclosure hearing.
[54:41.520 --> 54:44.520]  So there's that.
[54:44.520 --> 54:45.520]  A flurry of...
[54:45.520 --> 54:55.520]  Okay, under law, that is called oops.
[54:55.520 --> 54:56.520]  That's a problem.
[54:56.520 --> 54:57.520]  Okay, go ahead.
[54:57.520 --> 54:59.520]  I'm sorry I interrupted.
[54:59.520 --> 55:00.520]  That's okay.
[55:00.520 --> 55:07.520]  Okay, so this was 2012 that it began, almost two years to the day, actually.
[55:07.520 --> 55:14.520]  So the homeowner went back and forth with them, put notices in, motions, answers.
[55:14.520 --> 55:20.520]  We really didn't know as much, and we still don't know a whole lot about due process, civil procedure.
[55:20.520 --> 55:21.520]  We're just learning all this stuff.
[55:21.520 --> 55:24.520]  So we kind of went backwards, put in an answer first and then motions.
[55:24.520 --> 55:33.520]  But at any rate, we were able to hold them off, and I say we because I've been his mailing agent the whole time.
[55:33.520 --> 55:38.520]  You know, affidavit of service and nonresponse and certified mail, return receipt, all that good stuff.
[55:38.520 --> 55:48.520]  Okay, so months go by, then Chapter 13, we filed one Chapter 13.
[55:48.520 --> 55:50.520]  That put them off for a little bit.
[55:50.520 --> 55:53.520]  The Chapter 13 got dismissed.
[55:53.520 --> 55:56.520]  Whoa, hold on.
[55:56.520 --> 55:59.520]  Did you use a lawyer to file the Chapter 13?
[55:59.520 --> 56:01.520]  No, no.
[56:01.520 --> 56:03.520]  Oh, good, good, good.
[56:03.520 --> 56:06.520]  How long ago did the Chapter 13 occur?
[56:06.520 --> 56:07.520]  There were two of them.
[56:07.520 --> 56:23.520]  The first one was in October, October 5th of 2012, and the second one was, I believe, around July of 13.
[56:23.520 --> 56:29.520]  Both of them were dismissed due to they didn't, there was no movement.
[56:29.520 --> 56:31.520]  We filed them pretty much.
[56:31.520 --> 56:33.520]  Like a prosecution, okay.
[56:33.520 --> 56:38.520]  Reopen the bankruptcy as a Chapter 7.
[56:38.520 --> 56:40.520]  Reopen it?
[56:40.520 --> 56:41.520]  Yes.
[56:41.520 --> 56:42.520]  Reopen the bankruptcy.
[56:42.520 --> 56:43.520]  Go ahead, Greg.
[56:43.520 --> 56:45.520]  Go ahead, Steve.
[56:45.520 --> 56:57.520]  Chapter 7, on Schedule F, as in Frank, you might consider listing the property as unsecured debt.
[56:57.520 --> 57:10.520]  Keep in mind that in bankruptcy, the only alleged debt obligations that can be written off are unsecured debts as where the secured debt goes back to the secured creditor.
[57:10.520 --> 57:21.520]  Under Article 9 of the UCC or your state's equivalent, Article 9 allows for a temporary, a 20-day temporary perfection of lien.
[57:21.520 --> 57:24.520]  Now go back to the day of closing.
[57:24.520 --> 57:29.520]  They had 20 days from the day of signing these documents to perfect their lien.
[57:29.520 --> 57:34.520]  There's a mechanical process, and that is reflected in the county records.
[57:34.520 --> 57:54.520]  If they do not perfect their lien by the filing of all of the assignments along the chain of securitization, they have failed in their obligation, their duty, or their choice to secure their lien.
[57:54.520 --> 58:02.520]  Since it's unsecured property, it doesn't go back to the secured creditor because the creditor is no longer secured.
[58:02.520 --> 58:07.520]  Now you can write off the alleged debt obligation. Goodbye, mortgage.
[58:07.520 --> 58:10.520]  Forty seconds.
[58:10.520 --> 58:12.520]  I'm done.
[58:12.520 --> 58:13.520]  Done? Okay.
[58:13.520 --> 58:15.520]  That's simple.
[58:15.520 --> 58:24.520]  Yeah, if you go in under Chapter 7 and claim it is unsecured, the bank's going to say, oh, no, no, no, it's secured, it's secured, it's secured.
[58:24.520 --> 58:25.520]  Prove it.
[58:25.520 --> 58:35.520]  They'll say, oh, yeah, let's have a proof of claim. And that puts them on the dime to bring the uninterrupted chain of title.
[58:35.520 --> 58:38.520]  And guess what they can't do?
[58:38.520 --> 58:39.520]  Exactly. Hang on.
[58:39.520 --> 58:47.520]  Randy Kelton, Denver Stevens, Steve Skidmore, Rule of Law Radio, our call in number 512-646-1984.
[58:47.520 --> 58:50.520]  We'll be right back.
[58:50.520 --> 58:54.520]  Would you like to make more definite progress in your walk with God?
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[59:52.520 --> 01:00:02.520]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.520 --> 01:00:10.520]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:10.520 --> 01:00:15.520]  I'm Brian Hagan with your Liberty Beat for Friday, February 14th, 2014.
[01:00:15.520 --> 01:00:25.520]  Gold opened today at $1,294. Silver opened at $20.24 and Bitcoin is trading at $633.
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[01:00:43.520 --> 01:00:58.520]  For your residential mortgage needs, call Dorothy at 512-343-6494 or apply online at calledorothy.com, NMLS 216624.
[01:00:58.520 --> 01:01:05.520]  And from My Magic Mud, available at Brave New Books or online at mymagicmud.com.
[01:01:05.520 --> 01:01:13.520]  In the news, over 4,000 Bitcoins have been stolen in a hack of the latest incarnation of the Silk Road deep web market planks.
[01:01:13.520 --> 01:01:20.520]  Moderator Defcon, in a blog post, states that the hack was done through the same transaction malleability exploit
[01:01:20.520 --> 01:01:28.520]  that led Mt. Gox and Bitstamp to disable all withdrawals indefinitely.
[01:01:28.520 --> 01:01:36.520]  If a bill introduced gains enough support, sodas, fruit juices and similar sugary drinks would carry health warning labels in California.
[01:01:36.520 --> 01:01:40.520]  The proposed labels would be similar to those found on packs of cigarettes.
[01:01:40.520 --> 01:01:49.520]  The Daily Democrat reports the bill would require all drinks made with added sweeteners equal to 75 or more calories per 12 ounces to carry the labels.
[01:01:49.520 --> 01:01:54.520]  Fast food restaurants would be required to display the labels on self-serve soda machines,
[01:01:54.520 --> 01:02:02.520]  while other businesses like movie theaters that fill sodas for their customers would have to adhere warning labels to their countertops.
[01:02:02.520 --> 01:02:10.520]  And male and female are now only two of more than nearly 50 different terms Facebook users can use to identify their gender.
[01:02:10.520 --> 01:02:18.520]  The Associated Press reports that along with that change, three preferred pronoun choices are also allowed, with him, her or them allowed to be selected.
[01:02:18.520 --> 01:02:25.520]  Facebook says the changes, which go into effect Thursday, are aimed at providing more choices in how users describe themselves.
[01:02:48.520 --> 01:02:51.520]  That's growyourowngroceries.org.
[01:02:51.520 --> 01:02:56.520]  This is the Liberty Beat for Friday, February 14th, 2014.
[01:02:56.520 --> 01:03:19.520]  Check out the website at thelibertybeat.com.
[01:03:26.520 --> 01:03:30.520]  Okay, we are back.
[01:03:30.520 --> 01:03:37.520]  Randy Shelton and Steve Skidmore, you have our radio, and we're talking to Rick in North Carolina.
[01:03:37.520 --> 01:03:41.520]  Rick, this is the kind of thing I like the most.
[01:03:41.520 --> 01:03:53.520]  The biggest problem that we tend to have goes to our unstated presuppositions.
[01:03:53.520 --> 01:03:58.520]  The things that we think apply to us.
[01:03:58.520 --> 01:04:10.520]  When I talk to people about these issues, they say, well, I entered into this note with this company, and then it sold to this company, and then it sold to this company.
[01:04:10.520 --> 01:04:12.520]  And I say, wait a minute, wait a minute, wait a minute.
[01:04:12.520 --> 01:04:14.520]  How do you know that?
[01:04:14.520 --> 01:04:18.520]  Well, I got this letter noticing me of a change of servicer.
[01:04:18.520 --> 01:04:24.520]  Well, all that says is change of servicer. How do you know it actually sold?
[01:04:24.520 --> 01:04:33.520]  The only way you know what actually occurred is what's filed in the public record.
[01:04:33.520 --> 01:04:38.520]  Everything else is just hearsay nonsense.
[01:04:38.520 --> 01:04:49.520]  Those letters they sent you in the mail or the person you're helping in the mail may have had something to do with something, and they may not.
[01:04:49.520 --> 01:04:58.520]  But those letters are not something that the lender can bring before the court.
[01:04:58.520 --> 01:05:01.520]  Does that make sense?
[01:05:01.520 --> 01:05:11.520]  By virtue of the letters they sent not being in the county record that leaves them as only being hearsay, and that's why they can't bring them?
[01:05:11.520 --> 01:05:24.520]  Exactly. I went to court today and told the judge that this lawyer over here is trying to get the court to rule on an eviction,
[01:05:24.520 --> 01:05:33.520]  and I claimed that the court did not have such a matter of jurisdiction, and the lawyer said, well, we have this deed of trust objection, Your Honor.
[01:05:33.520 --> 01:05:46.520]  This deed of trust was not filed in accordance with 15 U.S.C. 7003 of the federal code, which is the Electronic Filing Act.
[01:05:46.520 --> 01:06:00.520]  7003 specifically exempts documents covered by the uniform commercial code from being electronically filed.
[01:06:00.520 --> 01:06:07.520]  Therefore, Your Honor, you cannot see this document.
[01:06:07.520 --> 01:06:12.520]  He was a lawyer and also the judge, so he knew exactly what I meant.
[01:06:12.520 --> 01:06:21.520]  While the document was sitting there in front of him, as a private citizen he could see the document,
[01:06:21.520 --> 01:06:32.520]  but as a judge he could not see the document because the document was not properly before the court.
[01:06:32.520 --> 01:06:43.520]  A letter sent to you is not something the court has to pay attention to unless that letter is properly entered into evidence,
[01:06:43.520 --> 01:06:50.520]  unless foundation is laid for the letter, and then the letter is properly entered into evidence,
[01:06:50.520 --> 01:06:57.520]  and even then there has to be a hard fact behind the letter.
[01:06:57.520 --> 01:07:02.520]  The public record does not need any of that.
[01:07:02.520 --> 01:07:09.520]  Every party to the proceedings has either direct knowledge of what is in the public record
[01:07:09.520 --> 01:07:13.520]  or they have imputed knowledge of what is in the record.
[01:07:13.520 --> 01:07:23.520]  In this case, I took all of the documents that were filed in the county record and I included them in the presentation
[01:07:23.520 --> 01:07:33.520]  and with a notice demanding that the court take judicial notice of all of these documents filed in the record
[01:07:33.520 --> 01:07:40.520]  and further to take judicial notice of the documents that were not filed in the record.
[01:07:40.520 --> 01:07:44.520]  That's what the judge has to look at. He can't look at anything else.
[01:07:44.520 --> 01:07:55.520]  So when we examine a foreclosure issue, first and foremost, forget about securitization,
[01:07:55.520 --> 01:08:02.520]  forget about bifurcation, forget about Merge not being able to be the beneficiary.
[01:08:02.520 --> 01:08:05.520]  Those are way too difficult to adjudicate.
[01:08:05.520 --> 01:08:10.520]  Unless you're talking about bifurcation of the value element of the note.
[01:08:10.520 --> 01:08:14.520]  No, we're not talking about bifurcation of the note from the deed of trust.
[01:08:14.520 --> 01:08:20.520]  The argument you make is that either this is an FHA loan
[01:08:20.520 --> 01:08:27.520]  and if the court will focus on the document that's filed in the record,
[01:08:27.520 --> 01:08:40.520]  it is an FHA loan and there is no authorization to negotiate the note or transfer the deed of trust.
[01:08:40.520 --> 01:08:50.520]  Or if it's not an FHA loan, the securitization procedure
[01:08:50.520 --> 01:09:00.520]  had the effect of separating a portion of the note from the note itself and the security instrument
[01:09:00.520 --> 01:09:07.520]  in violation of Covenant 20 of the security instrument,
[01:09:07.520 --> 01:09:14.520]  which authorizes the lender to sell a portion of the note or the entire note
[01:09:14.520 --> 01:09:22.520]  together with this security instrument. So if they have sold a portion of the note
[01:09:22.520 --> 01:09:27.520]  and did not do so together with this security instrument,
[01:09:27.520 --> 01:09:31.520]  they have breached the Covenant of the deed of trust.
[01:09:31.520 --> 01:09:36.520]  That's a whole lot easier for the judge to wrap his head around.
[01:09:36.520 --> 01:09:45.520]  You ask the judge to render a ruling that would change the legal world as he knows it.
[01:09:45.520 --> 01:09:48.520]  He is not going to want to go there.
[01:09:48.520 --> 01:09:57.520]  But ask him to render a ruling that goes to a very specific nature of a very specific covenant
[01:09:57.520 --> 01:10:04.520]  of a very specific document, that's a lot easier for him to give you a ruling on.
[01:10:04.520 --> 01:10:08.520]  Now, would that be in the quiet title?
[01:10:08.520 --> 01:10:15.520]  That would be what the quiet title is about. Quiet title is a stealth filing.
[01:10:15.520 --> 01:10:19.520]  You're not claiming wrongful foreclosure. You're not claiming fraud.
[01:10:19.520 --> 01:10:21.520]  You're not claiming any of that stuff.
[01:10:21.520 --> 01:10:33.520]  All you're saying is that this appointment of substitute trustee filed by JP Morgan Chase
[01:10:33.520 --> 01:10:45.520]  in the records of a property wherein there is a mortgage by, say, American Mortgage Company.
[01:10:45.520 --> 01:10:52.520]  American Mortgage Company is shown in the record to hold a claim against this property.
[01:10:52.520 --> 01:10:58.520]  JP Morgan Chase is nowhere shown to hold a claim to this property.
[01:10:58.520 --> 01:11:08.520]  Therefore, you move the court to rule that document filed by JP Morgan Chase is void and unenforceable.
[01:11:08.520 --> 01:11:11.520]  Your quiet title action is a declaratory judgment.
[01:11:11.520 --> 01:11:16.520]  If you're asking for damages, it is not a quiet title action, nor is it declaratory.
[01:11:16.520 --> 01:11:25.520]  Exactly. You do not make any claim as to the underlying indebtedness.
[01:11:25.520 --> 01:11:31.520]  Only to the validity of this particular document.
[01:11:31.520 --> 01:11:41.520]  Do not let the judge render a ruling that addresses anything other than the Four Corners of this document or he'll screw you.
[01:11:41.520 --> 01:11:44.520]  He'll get his decision overturned.
[01:11:44.520 --> 01:11:47.520]  Is that specific language, Four Corners?
[01:11:47.520 --> 01:11:52.520]  Four Corners, yeah. The court will recognize that specific language.
[01:11:52.520 --> 01:11:58.520]  Four Corners of the document means the document on its face as presented.
[01:11:58.520 --> 01:12:07.520]  If you read something in there and it is so incorrect or inaccurate that it would void the instrument,
[01:12:07.520 --> 01:12:11.520]  then the instrument is void within the Four Corners of the document.
[01:12:11.520 --> 01:12:20.520]  In other words, the element that voided the instrument, you would be able to read it in the text of the document.
[01:12:20.520 --> 01:12:27.520]  In this case, if it's an assignment, say I used the appointment of substitute trustee,
[01:12:27.520 --> 01:12:41.520]  based on the Four Corners of the document, there's nothing in this document to show how this entity had authority to make this assignment.
[01:12:41.520 --> 01:12:49.520]  If there was something in there that showed how they had authority, then you'd have to move beyond the Four Corners.
[01:12:49.520 --> 01:12:54.520]  But if they just filed an assignment of substitute trustee and there was nothing showing they had the power to do it,
[01:12:54.520 --> 01:12:59.520]  the document doesn't show how they had power to do it and the record doesn't either.
[01:12:59.520 --> 01:13:03.520]  Therefore, the document is void as to the holder.
[01:13:03.520 --> 01:13:12.520]  That's all you ask for, a ruling that the document is void as to the holder.
[01:13:12.520 --> 01:13:24.520]  That doesn't rule that the loan is invalid, that the lender doesn't have a claim, only that he can't base his claim on this document.
[01:13:24.520 --> 01:13:26.520]  But that's enough.
[01:13:26.520 --> 01:13:37.520]  Yeah, you get that, then you go back for wrongful foreclosure as subject to res judicata.
[01:13:37.520 --> 01:13:47.520]  If they based their authority to do the foreclosure on this document and you snatched this document out of the record,
[01:13:47.520 --> 01:13:49.520]  now they have no basis.
[01:13:49.520 --> 01:13:54.520]  And if you could get the judge to rule that, that's res judicata.
[01:13:54.520 --> 01:14:02.520]  The next judge coming along has to look at that ruling and accept it on its face.
[01:14:02.520 --> 01:14:07.520]  He does not have the authority to revisit the issue.
[01:14:07.520 --> 01:14:10.520]  Because it's a thing already adjudicated, right?
[01:14:10.520 --> 01:14:24.520]  It's already adjudicated unless the other party can bring evidence that wasn't available to them at the time of the original adjudication.
[01:14:24.520 --> 01:14:32.520]  So if we can get a document pulled, then it doesn't have to be a major document, just any document on which they base authority.
[01:14:32.520 --> 01:14:34.520]  That's part of the chain.
[01:14:34.520 --> 01:14:38.520]  The whole thing falls apart.
[01:14:38.520 --> 01:14:42.520]  That's why it's kind of stealth.
[01:14:42.520 --> 01:14:46.520]  Okay, this is how it falls apart.
[01:14:46.520 --> 01:14:52.520]  You eliminate their claim under the deed of trust or under the mortgage.
[01:14:52.520 --> 01:15:03.520]  And as soon as you get that eliminated, then you go right to the court and you do a Chapter 7 bankruptcy,
[01:15:03.520 --> 01:15:10.520]  claim the property is unsecured, and it's unsecured as a matter of res judicata.
[01:15:10.520 --> 01:15:15.520]  They discharge the whole debt, poof, everything's gone.
[01:15:15.520 --> 01:15:23.520]  Did I say that right, Steve?
[01:15:23.520 --> 01:15:25.520]  Are you there, Steve?
[01:15:25.520 --> 01:15:29.520]  Yes, I'm sorry. Say it again. I was distracted. Somebody was asking me a question.
[01:15:29.520 --> 01:15:33.520]  I just want to make sure I stated that right.
[01:15:33.520 --> 01:15:43.520]  This is one of the, not the details here, but the concept is what's in the record rules.
[01:15:43.520 --> 01:15:44.520]  Absolutely.
[01:15:44.520 --> 01:15:45.520]  Always.
[01:15:45.520 --> 01:15:50.520]  If it is not of record, it doesn't exist.
[01:15:50.520 --> 01:15:58.520]  In Texas, we have a statute that any document not properly acknowledged,
[01:15:58.520 --> 01:16:02.520]  any document asserting a claim to real property,
[01:16:02.520 --> 01:16:10.520]  not acknowledged or proven and properly filed in the county record is voidish to the holder.
[01:16:10.520 --> 01:16:12.520]  That's in the property code, isn't it?
[01:16:12.520 --> 01:16:15.520]  That's in the property code, 13.001.
[01:16:15.520 --> 01:16:18.520]  It doesn't mean they don't have a claim against the lender.
[01:16:18.520 --> 01:16:23.520]  I mean, it doesn't mean they don't have a claim against the borrower.
[01:16:23.520 --> 01:16:28.520]  They just don't have a claim against the property.
[01:16:28.520 --> 01:16:30.520]  Right.
[01:16:30.520 --> 01:16:34.520]  Okay. Does that all make sense?
[01:16:34.520 --> 01:16:41.520]  It does. I want to throw a few more things out there, but I hear the popper music.
[01:16:41.520 --> 01:16:44.520]  And we are running out of time.
[01:16:44.520 --> 01:16:45.520]  Let's see what we've got.
[01:16:45.520 --> 01:16:48.520]  We've got three other very patient colleagues.
[01:16:48.520 --> 01:16:51.520]  I'll give you a couple of minutes in the next segment.
[01:16:51.520 --> 01:16:55.520]  We really need to move on because these people have been holding on for a long time.
[01:16:55.520 --> 01:16:56.520]  Hang on, Rich.
[01:16:56.520 --> 01:16:58.520]  Randy Kelton, Steve Skidmore.
[01:16:58.520 --> 01:17:00.520]  We'll be right back.
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[01:20:03.520 --> 01:20:05.520]  Okay, we are back.
[01:20:05.520 --> 01:20:10.520]  Randy Kelton and Steve Skidmore with our radio and we're talking to Rick in North Carolina.
[01:20:10.520 --> 01:20:12.520]  Rick, you had something else?
[01:20:12.520 --> 01:20:16.520]  We need to move quickly, we've got a whole bunch of calls.
[01:20:16.520 --> 01:20:18.520]  Okay, I'll move as quickly as I can.
[01:20:18.520 --> 01:20:22.520]  We did file a quiet title and it was bare bones.
[01:20:22.520 --> 01:20:24.520]  We didn't ask for anything yet.
[01:20:24.520 --> 01:20:29.520]  And we were looking for the language about that void and unenforceable,
[01:20:29.520 --> 01:20:31.520]  four corners, void is the holder.
[01:20:31.520 --> 01:20:33.520]  We were trying to put things off.
[01:20:33.520 --> 01:20:39.520]  Okay, they went ahead, had the sale.
[01:20:39.520 --> 01:20:45.520]  We appealed it, but because the sale had happened, they're going to show up and say it's moot.
[01:20:45.520 --> 01:20:48.520]  Okay, the first appeal hearing was this past Monday.
[01:20:48.520 --> 01:20:53.520]  We go there and it was obvious they were going to fine for them.
[01:20:53.520 --> 01:20:58.520]  So the homeowner says, hey, I want to continue to see counsel.
[01:20:58.520 --> 01:21:00.520]  And they gave them a week.
[01:21:00.520 --> 01:21:07.520]  And what we had planned on just to stop them because the notice to vacate the 10 days are up Monday.
[01:21:07.520 --> 01:21:11.520]  And so the judge said you get one week.
[01:21:11.520 --> 01:21:13.520]  And then it starts snowing.
[01:21:13.520 --> 01:21:16.520]  And then, of course, the whole week everything snowed in.
[01:21:16.520 --> 01:21:20.520]  All the fed courts are closed.
[01:21:20.520 --> 01:21:24.520]  And so Monday is the next hearing for the appeal.
[01:21:24.520 --> 01:21:29.520]  Only the fed courts are closed on Monday because it's President's Day.
[01:21:29.520 --> 01:21:31.520]  The state courts are open.
[01:21:31.520 --> 01:21:39.520]  The question is how can we put this off until we can get to the fed court and file a Chapter 7?
[01:21:39.520 --> 01:21:51.520]  Petition the court wherein you filed the quiet title action for a restraining order.
[01:21:51.520 --> 01:21:55.520]  In this case, you'll need a temporary restraining order.
[01:21:55.520 --> 01:21:58.520]  And let me explain the two.
[01:21:58.520 --> 01:22:08.520]  A temporary restraining order is only for the purpose of granting at least 15 days
[01:22:08.520 --> 01:22:20.520]  to give notice to the opposing party of a show cause hearing for a preliminary injunction.
[01:22:20.520 --> 01:22:24.520]  The real deal is the preliminary injunction.
[01:22:24.520 --> 01:22:37.520]  You want a preliminary injunction restraining the claiming party from prosecuting the eviction
[01:22:37.520 --> 01:22:43.520]  until the claim to title has been adjudicated.
[01:22:43.520 --> 01:22:52.520]  You cannot get a restriction against the judge who does the unlawful detainer hearing.
[01:22:52.520 --> 01:22:57.520]  The court has no power to restrict that judge.
[01:22:57.520 --> 01:23:06.520]  But it does have power to restrict the plaintiff in the matter from pursuing foreclosure.
[01:23:06.520 --> 01:23:12.520]  So you ask for a temporary restraining order to grant you time to hold a show cause hearing
[01:23:12.520 --> 01:23:15.520]  for a preliminary injunction.
[01:23:15.520 --> 01:23:23.520]  Then the preliminary injunction would ask the court to maintain the status quo until such time
[01:23:23.520 --> 01:23:33.520]  as the challenge to title can be adjudicated as an eviction of the tenant of the property
[01:23:33.520 --> 01:23:39.520]  would cause a irreparable harm to the party.
[01:23:39.520 --> 01:23:46.520]  A maintenance of the status quo would make sure the property stayed occupied
[01:23:46.520 --> 01:23:55.520]  and thereby protected from vandals, deterioration, fire, flood, and all that other stuff
[01:23:55.520 --> 01:24:04.520]  and would cause the lender or the opposing party no serious harm.
[01:24:04.520 --> 01:24:08.520]  I'm kind of walking down a preliminary injunction hearing.
[01:24:08.520 --> 01:24:17.520]  You have to show that there is a likelihood that you will prevail,
[01:24:17.520 --> 01:24:23.520]  that if the tenant is evicted, there will be irreparable harm.
[01:24:23.520 --> 01:24:34.520]  If the tenant is not evicted, that the other party will not be unduly harmed or encumbered.
[01:24:34.520 --> 01:24:40.520]  Did I handle it all, Steve?
[01:24:40.520 --> 01:24:42.520]  Yeah.
[01:24:42.520 --> 01:24:45.520]  Does that make sense, Rich?
[01:24:45.520 --> 01:24:50.520]  It makes sense, but there's a petition for restraining order.
[01:24:50.520 --> 01:24:55.520]  Do we present that to the judge at the foreclosure appeal hearing?
[01:24:55.520 --> 01:25:01.520]  No, you file that in the court where you have the quiet title action
[01:25:01.520 --> 01:25:10.520]  and ask the judge in the quiet title action to issue a restraining order against the eviction court
[01:25:10.520 --> 01:25:18.520]  or against the plaintiff in the eviction court.
[01:25:18.520 --> 01:25:28.520]  The judge can't restrict the restraining court judge from issuing the ruling.
[01:25:28.520 --> 01:25:35.520]  He can restrict the party, the plaintiff, from pursuing the ruling.
[01:25:35.520 --> 01:25:42.520]  That's a fine distinction, but it just goes to who the judge can make orders against.
[01:25:42.520 --> 01:25:52.520]  In this case, indirectly, the eviction hearing party will either be the defendant
[01:25:52.520 --> 01:26:00.520]  in the quiet title action or will be subject to the defendant in the quiet title action.
[01:26:00.520 --> 01:26:03.520]  Okay.
[01:26:03.520 --> 01:26:10.520]  So wouldn't you say on Monday, Your Honor, we've got a preliminary injunction that's coming up?
[01:26:10.520 --> 01:26:16.520]  File for a preliminary injunction and file for a temporary restraining order.
[01:26:16.520 --> 01:26:19.520]  When you file for the temporary restraining order,
[01:26:19.520 --> 01:26:24.520]  that restrains them until you can having a hearing on the preliminary injunction.
[01:26:24.520 --> 01:26:29.520]  You take the restraining, the petition for temporary restraining order to the clerk
[01:26:29.520 --> 01:26:37.520]  and ask the clerk, are you going to take this to the judge or should I take it to the judge?
[01:26:37.520 --> 01:26:42.520]  And that tells the clerk, you know, don't screw around with this, get it to the judge right now
[01:26:42.520 --> 01:26:45.520]  because it's an emergency filing.
[01:26:45.520 --> 01:26:49.520]  And then you ask, you know, if you already have a filing, you know, which judge it is,
[01:26:49.520 --> 01:26:55.520]  you go to that judge's chambers and wait for the judge to hear the TRO.
[01:26:55.520 --> 01:27:01.520]  TRO is an emergency hearing, it's heard right away.
[01:27:01.520 --> 01:27:02.520]  Okay.
[01:27:02.520 --> 01:27:07.520]  So we would have to do that on Monday first thing because the hearing, it starts off 930,
[01:27:07.520 --> 01:27:11.520]  so we would have to be there and kind of end the judging.
[01:27:11.520 --> 01:27:20.520]  Okay. What you need is a challenge to subject matter jurisdiction.
[01:27:20.520 --> 01:27:28.520]  Prepare a motion, a petition stating that there has been filed in the district court
[01:27:28.520 --> 01:27:36.520]  a challenge to the sufficiency of the claim by the alleged purchaser.
[01:27:36.520 --> 01:27:41.520]  I'm sorry. There's been a challenge to quiet title.
[01:27:41.520 --> 01:27:49.520]  And the quiet title issue is an issue that the unlawful detainer court cannot hear.
[01:27:49.520 --> 01:27:53.520]  Therefore, until the quiet title action is adjudicated,
[01:27:53.520 --> 01:27:59.520]  the unlawful detainer court lacks subject matter jurisdiction.
[01:27:59.520 --> 01:28:02.520]  That's what I did this morning in one.
[01:28:02.520 --> 01:28:10.520]  And the judge refused to read the challenge to subject matter jurisdiction and just ignored it.
[01:28:10.520 --> 01:28:15.520]  So I asked the bailiff to arrest him.
[01:28:15.520 --> 01:28:17.520]  And the bailiff was a chicken who wouldn't do it.
[01:28:17.520 --> 01:28:21.520]  Now I'll file criminal charges against the bailiff.
[01:28:21.520 --> 01:28:23.520]  And he's going to be real unhappy.
[01:28:23.520 --> 01:28:27.520]  Now his career is in jeopardy because he wouldn't arrest a judge,
[01:28:27.520 --> 01:28:34.520]  and he's going to go to the judge and say, you need to do something to keep me from losing my career.
[01:28:34.520 --> 01:28:39.520]  Everything is political and all politics is local.
[01:28:39.520 --> 01:28:43.520]  Now, when I raised the issue of Act of God, I wasn't kidding.
[01:28:43.520 --> 01:28:48.520]  You just said that it snowed real bad and everybody was snowed either in or out,
[01:28:48.520 --> 01:28:55.520]  and the courts were closed and nobody could go anywhere because you got five feet of snow outside.
[01:28:55.520 --> 01:28:58.520]  It's not your fault that you couldn't make it to the court,
[01:28:58.520 --> 01:29:07.520]  or rather it's not your fault that you couldn't find counsel within that week due to an Act of God.
[01:29:07.520 --> 01:29:13.520]  That's what I meant by that.
[01:29:13.520 --> 01:29:17.520]  Okay, Rich, have we pretty well answered everything for you?
[01:29:17.520 --> 01:29:18.520]  Yes, one last question.
[01:29:18.520 --> 01:29:20.520]  When will you guys post this show?
[01:29:20.520 --> 01:29:22.520]  Well, there's so much information dropped.
[01:29:22.520 --> 01:29:25.520]  It's spinning over here, but it's good stuff.
[01:29:25.520 --> 01:29:28.520]  I'd like to be able to put you through it.
[01:29:28.520 --> 01:29:34.520]  Okay, Debra should have the archives up in a day or so and you can go and listen to this again.
[01:29:34.520 --> 01:29:37.520]  Okay, thank you guys so much. I really appreciate it.
[01:29:37.520 --> 01:29:42.520]  Okay, this is Randy Kelton, Steve Kidmore, Rule of Law Radio.
[01:29:42.520 --> 01:29:48.520]  I call in number 512-646-1984, but it's probably too late to call in.
[01:29:48.520 --> 01:29:54.520]  We've got about four more calls, so we'll try to get through those before we run out of time.
[01:29:54.520 --> 01:30:03.520]  We'll be right back.
[01:30:03.520 --> 01:30:07.520]  Did you know the sound of your voice could be used like a fingerprint to identify you?
[01:30:07.520 --> 01:30:12.520]  It's called a voice print, and a growing number of corporations and governments are capturing them.
[01:30:12.520 --> 01:30:16.520]  I'm Dr. Catherine Albrecht, and I'll be right back with details.
[01:30:16.520 --> 01:30:18.520]  Privacy is under attack.
[01:30:18.520 --> 01:30:21.520]  When you give up data about yourself, you'll never get it back again.
[01:30:21.520 --> 01:30:26.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.520 --> 01:30:31.520]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.520 --> 01:30:34.520]  Privacy, it's worth hanging on to.
[01:30:34.520 --> 01:30:37.520]  This public service announcement is brought to you by StartPage.com,
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[01:30:45.520 --> 01:30:48.520]  Your voice is like a fingerprint made of sound,
[01:30:48.520 --> 01:30:52.520]  with a unique pattern that can be captured, recorded, and used to identify you.
[01:30:52.520 --> 01:30:57.520]  Interpol, the international police force, wants voice prints from suspicious persons worldwide.
[01:30:57.520 --> 01:31:03.520]  The Pentagon is on board too, and U.S. and British eavesdropping programs have amassed a mountain of data.
[01:31:03.520 --> 01:31:08.520]  Voice biometrics would let officials sift through that data to hone in on a particular person's voice,
[01:31:08.520 --> 01:31:10.520]  like a needle in a haystack.
[01:31:10.520 --> 01:31:14.520]  If that makes you nervous, watch out the next time you call a customer service line.
[01:31:14.520 --> 01:31:18.520]  Many corporations have started using voice print technology to authenticate customers
[01:31:18.520 --> 01:31:22.520]  and match their voices with their identities in the database.
[01:31:22.520 --> 01:31:30.520]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.520 --> 01:31:34.520]  I lost my son, my nephew, my uncle, my son on September 11, 2001.
[01:31:34.520 --> 01:31:38.520]  Most people don't know that a third tower fell on September 11.
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[01:33:00.520 --> 01:33:04.520]  You are listening to the Logos Radio Network.
[01:33:04.520 --> 01:33:11.520]  LogosRadioNetwork.com
[01:33:34.520 --> 01:33:42.520]  LogosRadioNetwork.com
[01:33:42.520 --> 01:33:44.520]  Okay, we are back.
[01:33:44.520 --> 01:33:47.520]  We're in the county with Steve Skidmore of Wubla Radio.
[01:33:47.520 --> 01:33:50.520]  And we're going to John in New Jersey.
[01:33:50.520 --> 01:33:51.520]  Hello, John.
[01:33:51.520 --> 01:33:53.520]  What do you have for us today?
[01:33:53.520 --> 01:33:55.520]  How are you guys doing?
[01:33:55.520 --> 01:33:56.520]  Doing well.
[01:33:56.520 --> 01:33:58.520]  Doing well, but doing all right.
[01:33:58.520 --> 01:34:00.520]  It's a little chilly today.
[01:34:00.520 --> 01:34:02.520]  It only got up to the mid-60s.
[01:34:02.520 --> 01:34:05.520]  The 60s, but we're doing a lot better than we are right now.
[01:34:05.520 --> 01:34:08.520]  I'm doing a lot better this week than I was last week.
[01:34:08.520 --> 01:34:14.520]  Last week I had an entry of motion for final judgment.
[01:34:14.520 --> 01:34:20.520]  So I called the show and he told me to go down to the county courthouse and get my assignments.
[01:34:20.520 --> 01:34:24.520]  So I went down to the county courthouse and I got my assignments.
[01:34:24.520 --> 01:34:27.520]  So when I got my assignments, I came back home.
[01:34:27.520 --> 01:34:34.520]  Because I was looking through a foreclosure process and I was always talking about securitization
[01:34:34.520 --> 01:34:42.520]  and FSA and discharge assets, trying to find how everything was working, how the process went.
[01:34:42.520 --> 01:34:44.520]  But last week he said, well, go down and look at your assignments.
[01:34:44.520 --> 01:34:47.520]  So I went down and looked at my assignments.
[01:34:47.520 --> 01:34:51.520]  And then on my assignments, I looked down
[01:34:51.520 --> 01:34:57.520]  and I seen the guy who signed my mortgage was Tom Croft.
[01:34:57.520 --> 01:34:59.520]  So I was looking and I said, okay.
[01:34:59.520 --> 01:35:04.520]  So then I was listening to another show and it was Commonwealth of Massachusetts,
[01:35:04.520 --> 01:35:08.520]  Southern Essex District, Registry of Deeds, John O'Brien said,
[01:35:08.520 --> 01:35:10.520]  if you have a robo-signer, call my office.
[01:35:10.520 --> 01:35:15.520]  So I called his office and I gave the name Tom Croft.
[01:35:15.520 --> 01:35:20.520]  So he sent me a certified affidavit that I have a robo-signer.
[01:35:20.520 --> 01:35:24.520]  They did an analysis on.
[01:35:24.520 --> 01:35:27.520]  So I took that down to my friend.
[01:35:27.520 --> 01:35:32.520]  He's not really a real estate lawyer, but at this point I had to get somebody
[01:35:32.520 --> 01:35:42.520]  because I had to get a motion to fight this entry final motion.
[01:35:42.520 --> 01:35:44.520]  So we filed that today.
[01:35:44.520 --> 01:35:45.520]  So that was a good thing.
[01:35:45.520 --> 01:35:50.520]  But I mean, if I did not listen to your show last week, I never would have known
[01:35:50.520 --> 01:35:53.520]  anything about that because I was looking at everything else.
[01:35:53.520 --> 01:35:59.520]  And I had a lawyer I paid like $8,000 to, and he never did any of this.
[01:35:59.520 --> 01:36:00.520]  And he's not going to.
[01:36:00.520 --> 01:36:02.520]  He doesn't know to.
[01:36:02.520 --> 01:36:04.520]  No, but I mean, thank God I called your show and I listened to you.
[01:36:04.520 --> 01:36:05.520]  And he said, go down there.
[01:36:05.520 --> 01:36:07.520]  And I got the, you know, assignments.
[01:36:07.520 --> 01:36:08.520]  And I found an assignment.
[01:36:08.520 --> 01:36:10.520]  I looked to see that, you know, I did have a robo-signer.
[01:36:10.520 --> 01:36:15.520]  And then I called, like I said, John, who works, you know, John O'Brien from
[01:36:15.520 --> 01:36:20.520]  Commonwealth of Massachusetts, you know, a registrar at Deeds.
[01:36:20.520 --> 01:36:25.520]  And he sent me an affidavit, you know, and said, take this to court.
[01:36:25.520 --> 01:36:28.520]  And I filed it and we filed it today, you know.
[01:36:28.520 --> 01:36:29.520]  Okay.
[01:36:29.520 --> 01:36:36.520]  That's powerful because, you know, you got this good old boy thing going on.
[01:36:36.520 --> 01:36:41.520]  Well, that clerk's one of the good old boys.
[01:36:41.520 --> 01:36:47.520]  So that moves you into that good old boy circle.
[01:36:47.520 --> 01:36:54.520]  What you filed from the clerk is going to have, is likely to have a very
[01:36:54.520 --> 01:36:58.520]  profound effect on the court.
[01:36:58.520 --> 01:37:00.520]  So this is good news.
[01:37:00.520 --> 01:37:01.520]  Well, it is great.
[01:37:01.520 --> 01:37:02.520]  It's good news.
[01:37:02.520 --> 01:37:03.520]  I never would have known this if I didn't listen to your show.
[01:37:03.520 --> 01:37:06.520]  And you told me to go down there and start looking at the assignments.
[01:37:06.520 --> 01:37:08.520]  And, you know, I heard about robo-signers.
[01:37:08.520 --> 01:37:09.520]  I really didn't understand.
[01:37:09.520 --> 01:37:12.520]  But once I went down there and then I looked at it and then I started reading
[01:37:12.520 --> 01:37:14.520]  about robo-signers, then the floodgates opened up.
[01:37:14.520 --> 01:37:15.520]  And I understand that.
[01:37:15.520 --> 01:37:20.520]  Bringing, you know, fraud upon the court, that, you know, why people,
[01:37:20.520 --> 01:37:28.520]  like documents are, you know, brought in and why they have to be.
[01:37:28.520 --> 01:37:30.520]  It's tampering with government record.
[01:37:30.520 --> 01:37:31.520]  Right.
[01:37:31.520 --> 01:37:34.520]  I mean, but the whole thing is if I didn't come listen to you guys and
[01:37:34.520 --> 01:37:37.520]  listen to the show, I was kind of stuck.
[01:37:37.520 --> 01:37:39.520]  I didn't know what I was going to do.
[01:37:39.520 --> 01:37:40.520]  I was lost.
[01:37:40.520 --> 01:37:42.520]  I was kind of, you know, because this lawyer really stuck me.
[01:37:42.520 --> 01:37:47.520]  I mean, he just signed, he went and signed his consent order without telling me.
[01:37:47.520 --> 01:37:50.520]  He just said, oh, we're going to have your bankruptcy postponed for six months.
[01:37:50.520 --> 01:37:53.520]  But he told me that he gave my rights up to trial or anything.
[01:37:53.520 --> 01:37:56.520]  And I got my final entry, you know, final default.
[01:37:56.520 --> 01:37:58.520]  And I didn't know what that was about.
[01:37:58.520 --> 01:38:01.520]  You might want to look at suing your lawyer.
[01:38:01.520 --> 01:38:02.520]  Malpractice.
[01:38:02.520 --> 01:38:09.520]  For any loss that you have because he failed to adjudicate your case properly.
[01:38:09.520 --> 01:38:12.520]  Malpractice suit will really kick the lawyer's butt.
[01:38:12.520 --> 01:38:17.520]  Even if he wins, he loses because it raises his malpractice insurance.
[01:38:17.520 --> 01:38:18.520]  So I.
[01:38:18.520 --> 01:38:26.520]  But I just upset me because I'm like, I spent like $8,000 and I listened to your show for 15 minutes last week.
[01:38:26.520 --> 01:38:30.520]  And 15 minutes you gave me advice that pretty much, you know, I had no hope.
[01:38:30.520 --> 01:38:31.520]  I was desperate.
[01:38:31.520 --> 01:38:32.520]  I didn't know what to do.
[01:38:32.520 --> 01:38:33.520]  Now with this.
[01:38:33.520 --> 01:38:34.520]  Now, we don't give advice here.
[01:38:34.520 --> 01:38:36.520]  Randy, do you give advice?
[01:38:36.520 --> 01:38:39.520]  I give personal opinions.
[01:38:39.520 --> 01:38:40.520]  There you go.
[01:38:40.520 --> 01:38:41.520]  Yeah, I give advice.
[01:38:41.520 --> 01:38:43.520]  I can give advice.
[01:38:43.520 --> 01:38:45.520]  I just don't hold myself out as a lawyer.
[01:38:45.520 --> 01:38:47.520]  No, I didn't do what you guys do.
[01:38:47.520 --> 01:38:48.520]  I went after I got off the show.
[01:38:48.520 --> 01:38:49.520]  I did what you guys said.
[01:38:49.520 --> 01:38:52.520]  I went to your website and I bought jurisdictionary.
[01:38:52.520 --> 01:38:54.520]  Good.
[01:38:54.520 --> 01:38:55.520]  So I got that.
[01:38:55.520 --> 01:38:57.520]  Okay.
[01:38:57.520 --> 01:39:01.520]  You are why I do the show.
[01:39:01.520 --> 01:39:07.520]  The vast majority of the people that we talk to, they've been beat up so much.
[01:39:07.520 --> 01:39:16.520]  They just don't have the heart left to go through the effort that it takes to learn how the system works.
[01:39:16.520 --> 01:39:20.520]  The reason I do the show is to find someone like you.
[01:39:20.520 --> 01:39:28.520]  When I suggest somebody gets jurisdictionary and they actually get it, that's why I'm here.
[01:39:28.520 --> 01:39:34.520]  You are going to become a terror in the county that you're in.
[01:39:34.520 --> 01:39:38.520]  But I do have to issue a disclaimer.
[01:39:38.520 --> 01:39:49.520]  Once you've been through jurisdictionary and you start getting better at filing these documents and kicking their butts, you have to be very, very careful.
[01:39:49.520 --> 01:39:57.520]  Because this can become your primary source of entertainment.
[01:39:57.520 --> 01:40:00.520]  You'll throw your TV out the window.
[01:40:00.520 --> 01:40:12.520]  I can't tell you how much fun it was today when that judge refused to even read my challenge to subject matter jurisdiction.
[01:40:12.520 --> 01:40:24.520]  At the end of the hearing, I said, Your Honor, are you actually going to render a ruling without even reading my challenge to subject matter jurisdiction?
[01:40:24.520 --> 01:40:26.520]  Yes, Mr. Kelton, I am.
[01:40:26.520 --> 01:40:28.520]  Oh, buddy.
[01:40:28.520 --> 01:40:29.520]  Okay.
[01:40:29.520 --> 01:40:35.520]  I turned, took two steps, and I got to the bar, the little door where I'd leave.
[01:40:35.520 --> 01:40:42.520]  And I pointed to the bailiff, you, I need you outside, or I need another bailiff outside.
[01:40:42.520 --> 01:40:45.520]  And I turned and stalked out of the courtroom.
[01:40:45.520 --> 01:40:51.520]  And the bailiff comes out there and we have an argument about whether or not he's going to arrest the judge.
[01:40:51.520 --> 01:40:56.520]  Oh, jeez, that was so much fun.
[01:40:56.520 --> 01:40:59.520]  I have to be careful with that, and you're going to have to be careful with that.
[01:40:59.520 --> 01:41:00.520]  I have one question.
[01:41:00.520 --> 01:41:02.520]  Oh, here's one question.
[01:41:02.520 --> 01:41:12.520]  When I went down and looked at assignments, my first mortgage company was Fremont, and then that was back in 2005.
[01:41:12.520 --> 01:41:13.520]  Okay, hold up.
[01:41:13.520 --> 01:41:19.520]  Is Fremont, I recognize Fremont, are they still in business?
[01:41:19.520 --> 01:41:20.520]  Fremont and Loans.
[01:41:20.520 --> 01:41:22.520]  I'm not sure if they are or not.
[01:41:22.520 --> 01:41:23.520]  Okay.
[01:41:23.520 --> 01:41:30.520]  When you look in your deed of trust, look at the lender, first thing you want to know, are they out of business?
[01:41:30.520 --> 01:41:31.520]  Right.
[01:41:31.520 --> 01:41:45.520]  If they went out of business and they did not transfer the deed of trust to somebody else before they went out of business, they abandoned the deed of trust.
[01:41:45.520 --> 01:41:47.520]  Well, here's my question.
[01:41:47.520 --> 01:41:49.520]  I'm getting several hits on Fremont.
[01:41:49.520 --> 01:41:53.520]  Can you be more specific on the title of the company?
[01:41:53.520 --> 01:41:58.520]  Is it Fremont Investments, Fremont Home Loan Trust, Fremont Mortgage?
[01:41:58.520 --> 01:42:02.520]  Fremont Loan and Trust, it's Fremont, they have a couple of different entities.
[01:42:02.520 --> 01:42:03.520]  Okay.
[01:42:03.520 --> 01:42:09.520]  I think it's Fremont Loan and Trust, but in 2005, that's when I got my...
[01:42:09.520 --> 01:42:12.520]  Good chance they're out of business.
[01:42:12.520 --> 01:42:16.520]  So then 2007, I got CMS, Carrington Morgan servicing.
[01:42:16.520 --> 01:42:21.520]  They claimed, we bought your loan, we're going to take over your loan, start making payments to us, we sent.
[01:42:21.520 --> 01:42:23.520]  Okay, hold on, hold on, hold on.
[01:42:23.520 --> 01:42:32.520]  Did you get that in a letter from this entity or did you find that filed in the county record?
[01:42:32.520 --> 01:42:34.520]  I couldn't find it filed anywhere.
[01:42:34.520 --> 01:42:36.520]  I went down, there was no assignment from Fremont to Carrington.
[01:42:36.520 --> 01:42:37.520]  That's why I was finding it.
[01:42:37.520 --> 01:42:38.520]  Okay.
[01:42:38.520 --> 01:42:45.520]  That letter you got from this company, you can use that for toilet paper.
[01:42:45.520 --> 01:42:52.520]  If the claim is not filed in the county record, it didn't happen.
[01:42:52.520 --> 01:42:54.520]  Well, this is what I asked the lawyer.
[01:42:54.520 --> 01:43:03.520]  I mean, their proposal specialist, and he said they don't have to assign it because they're a servicing company.
[01:43:03.520 --> 01:43:06.520]  Is that a fact?
[01:43:06.520 --> 01:43:17.520]  Then you look to see if Fremont, if the incarnation of Fremont that issued the loan is not in business anymore.
[01:43:17.520 --> 01:43:22.520]  Now, hold on, let me explain that.
[01:43:22.520 --> 01:43:32.520]  If you have Fremont Mortgage as a wholly owned subsidiary of Fremont Bank,
[01:43:32.520 --> 01:43:43.520]  and Fremont Bank is expressing the deed of trust, they can't do that if Fremont Mortgage didn't transfer it to Fremont Bank.
[01:43:43.520 --> 01:43:47.520]  Even though it's a wholly owned subsidiary, it makes no difference.
[01:43:47.520 --> 01:43:49.520]  It's a different company.
[01:43:49.520 --> 01:43:50.520]  Okay.
[01:43:50.520 --> 01:44:00.520]  Randy Kelton, Steve Skidmore, We'll Blah Radio, we'll be right back on the other side.
[01:44:00.520 --> 01:44:04.520]  You feel tired when talking about important topics like money and politics?
[01:44:04.520 --> 01:44:07.520]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.520 --> 01:44:08.520]  What?
[01:44:08.520 --> 01:44:12.520]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:46:22.520 --> 01:46:47.520]  Okay, we are back.
[01:46:47.520 --> 01:46:56.520]  Randy Kelton, please give more Rule of Law Radio, and John, we really need to move along.
[01:46:56.520 --> 01:46:57.520]  Okay.
[01:46:57.520 --> 01:47:01.520]  Keep us up to speed on what happens here.
[01:47:01.520 --> 01:47:02.520]  No, I definitely will.
[01:47:02.520 --> 01:47:04.520]  Like I said, I appreciate everything you guys did.
[01:47:04.520 --> 01:47:08.520]  You know, the only question I have is I need to get a forensic audit done.
[01:47:08.520 --> 01:47:11.520]  That's what I'm looking to get done next.
[01:47:11.520 --> 01:47:16.520]  Send me an email, and I will forward it to Joe Esquivel.
[01:47:16.520 --> 01:47:23.520]  I've been through a whole slew of them, and he's the only one I would recommend.
[01:47:23.520 --> 01:47:26.520]  Or you can send me an email, and I'll get it to you.
[01:47:26.520 --> 01:47:27.520]  Yes.
[01:47:27.520 --> 01:47:28.520]  I definitely will.
[01:47:28.520 --> 01:47:29.520]  I need to get that done ASAP.
[01:47:29.520 --> 01:47:33.520]  I just want to, because, you know, they rule and they do.
[01:47:33.520 --> 01:47:34.520]  One more question.
[01:47:34.520 --> 01:47:39.520]  Can I file quiet title for having a robo-assigner now?
[01:47:39.520 --> 01:47:42.520]  Okay, that's a little more complex.
[01:47:42.520 --> 01:47:47.520]  Yes, you can file for quiet title, but you have to work out how to do it.
[01:47:47.520 --> 01:47:48.520]  Right.
[01:47:48.520 --> 01:47:50.520]  And we're kind of out of time.
[01:47:50.520 --> 01:47:56.520]  Send me an email or send an email to Steve the Chump.
[01:47:56.520 --> 01:48:04.520]  That's Steve underscore skidmore, S-K-I-D-M-O-R-E, the numeral one, at hotmail.com.
[01:48:04.520 --> 01:48:05.520]  Okay.
[01:48:05.520 --> 01:48:06.520]  Listen, thank you so much for everything, though.
[01:48:06.520 --> 01:48:07.520]  I appreciate it.
[01:48:07.520 --> 01:48:09.520]  You guys really helped me out.
[01:48:09.520 --> 01:48:10.520]  Good.
[01:48:10.520 --> 01:48:11.520]  Okay.
[01:48:11.520 --> 01:48:12.520]  Thank you.
[01:48:12.520 --> 01:48:13.520]  Okay.
[01:48:13.520 --> 01:48:17.520]  Now we're going to go to Darlene in Florida.
[01:48:17.520 --> 01:48:23.520]  Darlene, what do you have for us tonight?
[01:48:23.520 --> 01:48:24.520]  Okay.
[01:48:24.520 --> 01:48:31.520]  I've got a private mortgage on the property that I bought, and this was in December 1991.
[01:48:31.520 --> 01:48:38.520]  In 92, I deeded the property from my personal name over to a corporation that I owned.
[01:48:38.520 --> 01:48:45.520]  Now, I was not aware at the time that the seller had a dissolved Florida corporation
[01:48:45.520 --> 01:48:49.520]  when they executed this mortgage with me.
[01:48:49.520 --> 01:48:59.520]  And then September 2008, that dissolved corporation filed for foreclosure on me personally and
[01:48:59.520 --> 01:49:03.520]  on my corporation that held the title on the property.
[01:49:03.520 --> 01:49:04.520]  Hold on.
[01:49:04.520 --> 01:49:06.520]  You said that dissolved corporation?
[01:49:06.520 --> 01:49:13.520]  Yeah, because they were dissolved back in 1990, and they executed the mortgage with
[01:49:13.520 --> 01:49:19.520]  me in December 1991.
[01:49:19.520 --> 01:49:27.520]  So they go to 2008, and they filed this complaint on me and my corporation.
[01:49:27.520 --> 01:49:33.520]  Now, when this is all going on, then they get a new attorney.
[01:49:33.520 --> 01:49:39.520]  The new attorney realizes they've been dissolved for 22 years.
[01:49:39.520 --> 01:49:46.520]  And the way Florida works, if you are a dissolved corporation, you don't have any standing
[01:49:46.520 --> 01:49:50.520]  for maintaining or defending any action.
[01:49:50.520 --> 01:49:57.520]  So what my attorney did was filed to get this motion, a motion to dismiss this case, which
[01:49:57.520 --> 01:50:03.520]  was just heard yesterday, and the attorney never bothered to tell me about the hearing,
[01:50:03.520 --> 01:50:05.520]  so I wasn't there.
[01:50:05.520 --> 01:50:11.520]  So now I'm trying to figure out what I can do, because he's telling me to just sign
[01:50:11.520 --> 01:50:16.520]  over the property to them, because I'm going to lose.
[01:50:16.520 --> 01:50:19.520]  He wouldn't do an appeal if I were to try to go from one...
[01:50:19.520 --> 01:50:23.520]  File a malpractice suit against your attorney.
[01:50:23.520 --> 01:50:29.520]  Well, I mean, that's one thing, but I'm trying to do whatever I can to hold that property.
[01:50:29.520 --> 01:50:32.520]  No, you're missing it.
[01:50:32.520 --> 01:50:38.520]  If you file a malpractice suit against the attorney and don't fire him, the only way
[01:50:38.520 --> 01:50:44.520]  he can get out of the malpractice suit is win the case.
[01:50:44.520 --> 01:50:48.520]  When he requests to be removed from the case, you object to it.
[01:50:48.520 --> 01:50:51.520]  You're under contract with the jerk.
[01:50:51.520 --> 01:50:57.520]  He has a duty to adjudicate your case, to adjudicate it.
[01:50:57.520 --> 01:50:59.520]  Yeah.
[01:50:59.520 --> 01:51:07.520]  No, because we've got a hearing coming up March 11th for summary judgment on the foreclosure.
[01:51:07.520 --> 01:51:11.520]  So what I'm wondering is...
[01:51:11.520 --> 01:51:12.520]  Wait a minute.
[01:51:12.520 --> 01:51:17.520]  Did you file an answer to the foreclosure?
[01:51:17.520 --> 01:51:19.520]  Well, he was trying to get it dismissed.
[01:51:19.520 --> 01:51:26.520]  I mean, we've already filed affirmative defenses, but he's ready to write it off now.
[01:51:26.520 --> 01:51:28.520]  I mean, he's just so negative.
[01:51:28.520 --> 01:51:33.520]  I don't have near enough information to understand what's going on here.
[01:51:33.520 --> 01:51:36.520]  You have a petition filed.
[01:51:36.520 --> 01:51:37.520]  Right.
[01:51:37.520 --> 01:51:40.520]  The other side filed for summary judgment.
[01:51:40.520 --> 01:51:45.520]  Was this after your attorney answered the petition?
[01:51:45.520 --> 01:51:50.520]  Yes, and we attempted to just get this dismissed.
[01:51:50.520 --> 01:51:54.520]  What are the grounds for summary judgment?
[01:51:54.520 --> 01:51:58.520]  Well, because I wasn't paying the mortgage.
[01:51:58.520 --> 01:52:01.520]  That's not grounds for summary judgment.
[01:52:01.520 --> 01:52:03.520]  That's grounds for a foreclosure.
[01:52:03.520 --> 01:52:04.520]  To foreclose.
[01:52:04.520 --> 01:52:09.520]  You can only get summary judgment based on uncontested facts.
[01:52:09.520 --> 01:52:16.520]  Yeah, well, that's what they're trying to do, to just go in to get a final foreclosure with a...
[01:52:16.520 --> 01:52:17.520]  Wait a minute.
[01:52:17.520 --> 01:52:21.520]  Have you been through Jewish Dictionary?
[01:52:21.520 --> 01:52:22.520]  I have it.
[01:52:22.520 --> 01:52:23.520]  I have it.
[01:52:23.520 --> 01:52:24.520]  I bought it.
[01:52:24.520 --> 01:52:25.520]  Go through it.
[01:52:25.520 --> 01:52:33.520]  Your responses to my questions indicate that you don't understand the process.
[01:52:33.520 --> 01:52:36.520]  I'm getting the wrong answers.
[01:52:36.520 --> 01:52:37.520]  Okay.
[01:52:37.520 --> 01:52:41.520]  Make sure you go through Jewish Dictionary.
[01:52:41.520 --> 01:52:47.520]  It will answer most of these questions for you, how they get to where they're at.
[01:52:47.520 --> 01:52:48.520]  Okay.
[01:52:48.520 --> 01:52:54.520]  But now, is there such a thing as a statute of limitations for filing a foreclosure,
[01:52:54.520 --> 01:52:58.520]  like say five years, if some things have a five-year statute?
[01:52:58.520 --> 01:53:06.520]  Most states have a four-year, some have a six-year on filing the foreclosure.
[01:53:06.520 --> 01:53:08.520]  And it's not the foreclosure.
[01:53:08.520 --> 01:53:17.520]  It's after the default, they have so many years to secure the property,
[01:53:17.520 --> 01:53:22.520]  to execute the default and secure possession of the property.
[01:53:22.520 --> 01:53:23.520]  Okay.
[01:53:23.520 --> 01:53:25.520]  It's generally four years.
[01:53:25.520 --> 01:53:27.520]  Texas is four years.
[01:53:27.520 --> 01:53:28.520]  I've talked to a couple of states.
[01:53:28.520 --> 01:53:31.520]  I think California is six years.
[01:53:31.520 --> 01:53:34.520]  So it's between four or six years.
[01:53:34.520 --> 01:53:35.520]  Okay.
[01:53:35.520 --> 01:53:40.520]  And that would be from when the last payment was made?
[01:53:40.520 --> 01:53:41.520]  Yes.
[01:53:41.520 --> 01:53:44.520]  Okay.
[01:53:44.520 --> 01:53:45.520]  Okay.
[01:53:45.520 --> 01:53:46.520]  I do need to be long.
[01:53:46.520 --> 01:53:48.520]  I've got about four callers and only five minutes left.
[01:53:48.520 --> 01:53:49.520]  Go ahead to the next.
[01:53:49.520 --> 01:53:50.520]  Okay.
[01:53:50.520 --> 01:53:51.520]  Thank you.
[01:53:51.520 --> 01:53:52.520]  Thank you, Darlene.
[01:53:52.520 --> 01:53:53.520]  Okay.
[01:53:53.520 --> 01:53:56.520]  If I can get this to work.
[01:53:56.520 --> 01:53:57.520]  Okay.
[01:53:57.520 --> 01:53:58.520]  Hello, Zsuzsa.
[01:53:58.520 --> 01:54:00.520]  What do you have for us today?
[01:54:00.520 --> 01:54:01.520]  Hi, Randy.
[01:54:01.520 --> 01:54:04.520]  So I loved your advice so much a few weeks ago.
[01:54:04.520 --> 01:54:06.520]  I donated right away, you know,
[01:54:06.520 --> 01:54:11.520]  and everybody should if they're getting advice from you guys because you're fabulous.
[01:54:11.520 --> 01:54:13.520]  Thank you.
[01:54:13.520 --> 01:54:15.520]  Yeah, of course.
[01:54:15.520 --> 01:54:19.520]  So I did some research on the DMCA and I was, you know,
[01:54:19.520 --> 01:54:22.520]  considering the takedown, you know, right away,
[01:54:22.520 --> 01:54:26.520]  but I don't do things very fast because I am dealing with seven
[01:54:26.520 --> 01:54:31.520]  or eight different entities, different artists that have infringed.
[01:54:31.520 --> 01:54:36.520]  So two of the people I sent a letter, like Steve said not to,
[01:54:36.520 --> 01:54:40.520]  and obviously they were listening, he said not to mention Rico,
[01:54:40.520 --> 01:54:44.520]  and they obviously were listening because today I was kind of planning on
[01:54:44.520 --> 01:54:47.520]  maybe taking down a song or two of one of the artists,
[01:54:47.520 --> 01:54:50.520]  and I got a letter two weeks late, by the way.
[01:54:50.520 --> 01:54:52.520]  It was supposed to be two weeks ago.
[01:54:52.520 --> 01:54:54.520]  I asked for, you know, 15 days.
[01:54:54.520 --> 01:54:58.520]  They decided just today on the 14th to send me this letter,
[01:54:58.520 --> 01:55:04.520]  and it's threatening me with potentially because I mentioned in the cease
[01:55:04.520 --> 01:55:10.520]  and desist, because I mentioned that they could be liable for criminal claims
[01:55:10.520 --> 01:55:15.520]  against a client, they're saying that even my threats in my letter
[01:55:15.520 --> 01:55:19.520]  are potentially actionable, and they said it twice.
[01:55:19.520 --> 01:55:20.520]  They're threatening me.
[01:55:20.520 --> 01:55:23.520]  They're saying that, and they think that their frivolous are unsupportable,
[01:55:23.520 --> 01:55:28.520]  but I have experts that are going to write affidavits, you know.
[01:55:28.520 --> 01:55:32.520]  So this is, they're trying to block me right before, right before I...
[01:55:32.520 --> 01:55:33.520]  Okay, wait a minute.
[01:55:33.520 --> 01:55:35.520]  Who sent you these letters?
[01:55:35.520 --> 01:55:39.520]  Did a private party send it or did a lawyer send it?
[01:55:39.520 --> 01:55:42.520]  That was sent by the lawyer, a big law firm.
[01:55:42.520 --> 01:55:44.520]  Can I bargain?
[01:55:44.520 --> 01:55:45.520]  Yeah, bargain to the lawyer.
[01:55:45.520 --> 01:55:47.520]  That would be great.
[01:55:47.520 --> 01:55:51.520]  And then file a motion and ask for sanctions.
[01:55:51.520 --> 01:55:54.520]  Before I even walked into the court, Randy, that's why I, I mean,
[01:55:54.520 --> 01:55:55.520]  I listened to you guys on the phone.
[01:55:55.520 --> 01:55:56.520]  I'm like, wait a second.
[01:55:56.520 --> 01:55:58.520]  This is a, this is twice.
[01:55:58.520 --> 01:56:01.520]  I mean, I'm going to please say I've made a mistake.
[01:56:01.520 --> 01:56:05.520]  I overstated, you know, that these crimes that I see happening, you know,
[01:56:05.520 --> 01:56:08.520]  I'm like, these are, you know, your client is potentially liable for this,
[01:56:08.520 --> 01:56:12.520]  and it was just a cease and desist, but then their lawyers...
[01:56:12.520 --> 01:56:15.520]  Okay, hold on, hold on.
[01:56:15.520 --> 01:56:21.520]  What I suggest is, is that you make up actual criminal complaints against them
[01:56:21.520 --> 01:56:24.520]  and take them to the prosecuting attorney.
[01:56:24.520 --> 01:56:27.520]  Yeah, criminal complaints are not something you threaten somebody with.
[01:56:27.520 --> 01:56:29.520]  They're just something that you do.
[01:56:29.520 --> 01:56:31.520]  You just do it.
[01:56:31.520 --> 01:56:35.520]  So that way you can say, your honor, I was not threatening them.
[01:56:35.520 --> 01:56:40.520]  I was promising them.
[01:56:40.520 --> 01:56:46.520]  This is a promise, and here's fulfillment on my promise, go file it.
[01:56:46.520 --> 01:56:53.520]  Now, to speak to what could have happened, if all of the elements were in place,
[01:56:53.520 --> 01:56:58.520]  which it doesn't sound like they are, the accusation of extortion could be,
[01:56:58.520 --> 01:57:00.520]  could be made.
[01:57:00.520 --> 01:57:11.520]  But unless, unless you were trying to use that threat to leverage a civil settlement,
[01:57:11.520 --> 01:57:14.520]  they don't have a leg to stand on.
[01:57:14.520 --> 01:57:17.520]  Well, I mean, I just say that it was a copyright claim,
[01:57:17.520 --> 01:57:20.520]  and I did send a copy of the letter, the original letter,
[01:57:20.520 --> 01:57:28.520]  and then I did state that there was USC 1345 in 1961, 23, you know, 2315.
[01:57:28.520 --> 01:57:32.520]  I mentioned that, that they were criminal claims in that cease and desist.
[01:57:32.520 --> 01:57:36.520]  So they took that, and then they said be advised that even the threats contained
[01:57:36.520 --> 01:57:39.520]  in your letter are improper and potentially actionable.
[01:57:39.520 --> 01:57:43.520]  Ah, but you see, this is, this, here's, here's exactly where I was going.
[01:57:43.520 --> 01:57:49.520]  That was a cease and desist, not settle or I'll file this.
[01:57:49.520 --> 01:57:54.520]  No, I said, said the Lord, I never, I just said, please get back to me on this.
[01:57:54.520 --> 01:57:56.520]  Then, then they can't go for extortion.
[01:57:56.520 --> 01:57:59.520]  Just go file the complaints, then it's not extortion.
[01:57:59.520 --> 01:58:02.520]  There's nothing to extort.
[01:58:02.520 --> 01:58:06.520]  Then let them, let them deal with that.
[01:58:06.520 --> 01:58:09.520]  Should I bar grieve them first?
[01:58:09.520 --> 01:58:13.520]  Yeah, bar grieve them at the same time, but get the complaints filed.
[01:58:13.520 --> 01:58:18.520]  And then call in next week and we'll explain how to jerk the prosecutor around
[01:58:18.520 --> 01:58:23.520]  and get him really P.O.ed at these guys for sickening you on him.
[01:58:23.520 --> 01:58:27.520]  Okay, okay, hold up, we are, we are out of time.
[01:58:27.520 --> 01:58:33.520]  This is, I'm sorry, Zsa Zsa, that it took so long to get to you.
[01:58:33.520 --> 01:58:36.520]  Give us a call next Thursday or Friday and we'll go into it.
[01:58:36.520 --> 01:58:39.520]  I'll take you early so you don't have to wait so long.
[01:58:39.520 --> 01:58:42.520]  This is Randy Kelton, Steve Skidmore, Rue of La Radio.
[01:58:42.520 --> 01:58:44.520]  Thank you all for listening.
[01:58:44.520 --> 01:58:46.520]  We'll be, we'll all be back next week.
[01:58:46.520 --> 01:58:50.520]  And good night.
[01:58:50.520 --> 01:58:55.520]  Bibles for America is offering absolutely free a unique study Bible
[01:58:55.520 --> 01:58:58.520]  called the New Testament Recovery Version.
[01:58:58.520 --> 01:59:01.520]  The New Testament Recovery Version has over 9,000 footnotes
[01:59:01.520 --> 01:59:04.520]  that explain what the Bible says verse by verse,
[01:59:04.520 --> 01:59:08.520]  helping you to know God and to know the meaning of life.
[01:59:08.520 --> 01:59:11.520]  Order your free copy today from Bibles for America.
[01:59:11.520 --> 01:59:20.520]  Call us toll free at 888-551-0102 or visit us online at bfa.org.
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[01:59:29.520 --> 01:59:32.520]  This is truly a Bible you can understand.
[01:59:32.520 --> 01:59:35.520]  To get your free copy of the New Testament Recovery Version,
[01:59:35.520 --> 01:59:40.520]  call us toll free at 888-551-0102.
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