[00:00.000 --> 00:07.240]  This is the Liberty Beat, your source for Liberty news and activist updates, online
[00:07.240 --> 00:09.040]  at thelibertybeat.com.
[00:09.040 --> 00:13.880]  I'm Brian Hagan with your Liberty Beat for Friday, March 14th, 2014.
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[00:58.240 --> 01:02.080]  In the news, Facebook is one of the favorite tools of the NSA.
[01:02.080 --> 01:05.760]  That's the latest revelation from Edward Snowden, as published on journalist Glenn Greenwald's
[01:05.760 --> 01:07.240]  website Intercept.
[01:07.240 --> 01:12.280]  According to Snowden, the NSA uses what's known as a man on the side technique to disguise
[01:12.280 --> 01:14.760]  itself as a fake Facebook server.
[01:14.760 --> 01:19.420]  Codenamed Quantum Hand, the maneuver allows the agency to transmit data packets that trick
[01:19.420 --> 01:23.100]  the computer into thinking they're legitimately sent from Facebook.
[01:23.100 --> 01:26.960]  That allows the NSA full access into the targeted computer.
[01:26.960 --> 01:31.040]  The Washington Times reports that if confirmed, the program will put millions of Facebook
[01:31.040 --> 01:33.520]  users at risk.
[01:33.520 --> 01:37.440]  On Thursday, the Food and Drug Administration commissioner stated that the agency is still
[01:37.440 --> 01:40.960]  deciding whether to approve a genetically engineered fish.
[01:40.960 --> 01:46.240]  FDA commissioner Margaret Hamburg said they were reviewing over 30,000 comments on the
[01:46.240 --> 01:48.160]  Aqua Bounty Salmon.
[01:48.160 --> 01:52.960]  Speaking to the U.S. Senate's Health, Education, Labor and Pensions Committee, Hamburg said
[01:52.960 --> 01:57.720]  they are moving forward in a deliberate, science-driven way.
[01:57.720 --> 02:02.000]  All it would take to bring down the entire United States power grid is the sabotage of
[02:02.000 --> 02:07.080]  nine of the more than 55,000 electric substations across the nation.
[02:07.080 --> 02:11.000]  That's the finding of a study by the Federal Energy Regulatory Commission, which shows
[02:11.000 --> 02:15.240]  that only a few substations provide the bulk of the nation's electricity.
[02:15.240 --> 02:21.620]  Support for Deliberty Beat comes from Brave New Books, now offering pro-pure water filtration.
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[02:49.560 --> 02:54.120]  This is Deliberty Beat for Friday, March 14th, 2014.
[02:54.120 --> 03:21.040]  Check out the website at delibertybeat.com.
[03:21.040 --> 03:50.320]  Okay, we are back, Randy Kelton, Steve Skidmore, Ruva Radio, Joe had to go, so we will finish
[03:50.320 --> 03:51.320]  out.
[03:51.320 --> 04:04.760]  We are talking to Roger in Texas, and okay, what claims do you have, Roger?
[04:04.760 --> 04:08.520]  That's hard to say at the moment, and we hate to speculate.
[04:08.520 --> 04:11.000]  Okay, here's the deal.
[04:11.000 --> 04:17.600]  They made this assignment in 2011, supposedly the deed of trust and the note.
[04:17.600 --> 04:19.880]  The note has to be negotiated, right?
[04:19.880 --> 04:20.880]  I understand that.
[04:20.880 --> 04:25.600]  It cannot be assigned.
[04:25.600 --> 04:35.240]  But if they sold the payment stream out of the note, they could never negotiate the note.
[04:35.240 --> 04:36.240]  Is that correct?
[04:36.240 --> 04:43.760]  Well, they could negotiate, yeah, kind of, sort of.
[04:43.760 --> 04:51.960]  The problem is, they can transfer and sell the intangible obligation all day long, right?
[04:51.960 --> 04:56.560]  But you have to understand, once you split that pine to separate pieces, you can never
[04:56.560 --> 04:58.160]  make it whole again.
[04:58.160 --> 05:02.080]  Humpty Dumpty's falling off the wall, you can't put them back together.
[05:02.080 --> 05:05.040]  The question is, what document did you sign?
[05:05.040 --> 05:10.360]  Did you sign the document at closing, or did you sign the Xerox copy that they made of
[05:10.360 --> 05:14.240]  the document that you signed at closing?
[05:14.240 --> 05:20.340]  The one that you signed with your, the human, the man, the living, breathing man that made
[05:20.340 --> 05:29.800]  his mark on that paper, that's the paper that you gave any validity or any legal power.
[05:29.800 --> 05:30.800]  Copy, right.
[05:30.800 --> 05:31.800]  Okay.
[05:31.800 --> 05:32.800]  Let me explain.
[05:32.800 --> 05:33.800]  Hang on.
[05:33.800 --> 05:38.480]  If somebody makes a Xerox copy of it, did you sign that Xerox copy?
[05:38.480 --> 05:39.480]  No.
[05:39.480 --> 05:40.480]  That's a transferable record.
[05:40.480 --> 05:41.480]  No, I didn't.
[05:41.480 --> 05:42.480]  Okay.
[05:42.480 --> 05:43.480]  Okay.
[05:43.480 --> 05:50.680]  We had a woman in bankruptcy that the lawyers brought this stack of documents, and they're
[05:50.680 --> 05:54.080]  talking to the judge about them, and she said, your honor, they've got all these documents.
[05:54.080 --> 05:55.080]  Can I see those?
[05:55.080 --> 05:58.600]  And they were copies of all of her closing documents.
[05:58.600 --> 05:59.600]  And she followed instructions.
[05:59.600 --> 06:01.760]  She said, your honor, I've never seen these before.
[06:01.760 --> 06:07.680]  And the judge said, well, isn't that your signature on these documents?
[06:07.680 --> 06:08.680]  No, ma'am.
[06:08.680 --> 06:10.960]  Your honor, I did not sign these documents.
[06:10.960 --> 06:13.360]  I've never seen these documents before.
[06:13.360 --> 06:19.680]  She said the judge ground on her for about 10 minutes, but she stood by her guns.
[06:19.680 --> 06:22.880]  These were photocopies of something.
[06:22.880 --> 06:27.360]  They might've been accurate photocopies of documents she actually signed, but she didn't
[06:27.360 --> 06:28.720]  sign those documents.
[06:28.720 --> 06:33.240]  And she had never seen those photocopies before.
[06:33.240 --> 06:39.160]  She said after about 10 minutes, the judge sat back and smiled and said, well, counselor,
[06:39.160 --> 06:44.080]  it seems she has never seen these documents before.
[06:44.080 --> 06:48.200]  You're going to have to bring the originals.
[06:48.200 --> 06:57.080]  Point of that story is the judge will stand right on top of you and try to get you to
[06:57.080 --> 07:01.800]  stipulate to these documents.
[07:01.800 --> 07:06.960]  Never stipulate to anything.
[07:06.960 --> 07:15.640]  And that is a concept that's harder to actually do than you realize.
[07:15.640 --> 07:23.320]  Always think, what do I really know?
[07:23.320 --> 07:28.680]  Do not accept anything that has not been absolutely substantiated.
[07:28.680 --> 07:31.880]  I'm sorry, Steve, I interrupted you.
[07:31.880 --> 07:32.880]  Go ahead.
[07:32.880 --> 07:35.200]  I forgot where I was.
[07:35.200 --> 07:39.920]  We're talking about these documents not being...
[07:39.920 --> 07:41.920]  Yeah, yeah.
[07:41.920 --> 07:44.800]  You pretty much went back over what I said.
[07:44.800 --> 07:47.120]  You didn't sign the...
[07:47.120 --> 07:52.040]  You've got to keep in mind what a tangible instrument is.
[07:52.040 --> 08:00.480]  It's the one that your human hand gave any authority or any power or any rights or any
[08:00.480 --> 08:05.200]  amount of alleged debt.
[08:05.200 --> 08:11.920]  A copy is prima facie evidence of the existence of the real deal.
[08:11.920 --> 08:14.640]  It is not a real deal.
[08:14.640 --> 08:19.680]  At some place in time, it doesn't even mean that it still exists.
[08:19.680 --> 08:24.080]  Okay, here's the deal.
[08:24.080 --> 08:28.840]  We've been to the JP court and of course you lose in the JP court.
[08:28.840 --> 08:34.080]  It's going to the county on Monday because I did an appeal and I talked to you guys last
[08:34.080 --> 08:35.080]  weekend.
[08:35.080 --> 08:38.480]  It's a do-over.
[08:38.480 --> 08:45.720]  So we're going to go to the county court on Monday.
[08:45.720 --> 08:48.200]  I need to know where I'm confused.
[08:48.200 --> 08:51.120]  I understand most of the arguments that we have.
[08:51.120 --> 08:55.720]  I'd like to talk with Joe about getting some of this stuff to prove the arguments, but
[08:55.720 --> 08:58.800]  is there anything that we can do in the county court?
[08:58.800 --> 09:02.800]  Oh, do I have a suggestion for you?
[09:02.800 --> 09:07.440]  Can we plea to the jurisdiction of the court?
[09:07.440 --> 09:09.440]  You've been paying attention.
[09:09.440 --> 09:11.080]  Exactly.
[09:11.080 --> 09:19.560]  It's all about standing and I had been going to the judges and asked the judges to rule
[09:19.560 --> 09:26.360]  on the standing of the plaintiff and I was brain dead.
[09:26.360 --> 09:35.200]  You know when I told you it's hard to not stipulate to anything?
[09:35.200 --> 09:41.640]  When I went to the judge and asked the judge to rule on the agency or standing of the plaintiff,
[09:41.640 --> 09:49.080]  I was stipulating to the subject matter jurisdiction of the court and subject matter jurisdiction
[09:49.080 --> 09:54.160]  of the court, that comes before everything.
[09:54.160 --> 10:03.520]  So what your argument will be is that this plaintiff lacks standing to invoke subject
[10:03.520 --> 10:11.880]  matter jurisdiction of this court and the cool thing about that is you can walk in five
[10:11.880 --> 10:18.920]  minutes before the hearing and drop subject matter jurisdiction challenge on and it has
[10:18.920 --> 10:26.920]  been my experience when you do that, the judges will rule against you and not even read them.
[10:26.920 --> 10:36.360]  I had a judge in Garland, Steve, would it be all right if I said that the judge's name
[10:36.360 --> 10:40.000]  was Jerry Cooper or should I not say Jerry Cooper on there?
[10:40.000 --> 10:43.840]  If I'm not supposed to say Jerry Cooper...
[10:43.840 --> 10:44.840]  That's up to you.
[10:44.840 --> 10:48.120]  I'm not going to give you legal advice.
[10:48.120 --> 10:52.200]  I'm not going to say Jerry Cooper on there because I wouldn't want to say anything about
[10:52.200 --> 10:56.000]  Jerry Cooper without Jerry Cooper having the opportunity to defend himself.
[10:56.000 --> 10:57.000]  That would probably be best.
[10:57.000 --> 10:58.000]  Okay.
[10:58.000 --> 10:59.600]  So I won't do that.
[10:59.600 --> 11:07.360]  But he's a lawyer and he's also a JP and he's also a deacon in the church.
[11:07.360 --> 11:10.080]  So that was fair warning.
[11:10.080 --> 11:14.200]  But I filed a challenge to subject matter jurisdiction and showed that this woman had
[11:14.200 --> 11:20.400]  been foreclosed on in 2008, they did not move for a forcible detainer hearing, they only
[11:20.400 --> 11:28.760]  had two years to do it and they didn't, so they created another foreclosure in 2014 and
[11:28.760 --> 11:36.200]  I maintained they exceeded the statute of limitations and thereby had no standing to
[11:36.200 --> 11:38.720]  invoke subject matter jurisdiction in the court.
[11:38.720 --> 11:43.960]  The judge did not even read the document.
[11:43.960 --> 11:44.960]  Rule against us.
[11:44.960 --> 11:50.320]  When the hearing was over, I said, your honor, are you really going to rule against that
[11:50.320 --> 11:54.880]  subject matter jurisdiction challenge without even reading it?
[11:54.880 --> 11:57.920]  Mr. Kelton, I've made my decision.
[11:57.920 --> 11:59.160]  This hearing is over.
[11:59.160 --> 12:00.160]  Thank you very much, your honor.
[12:00.160 --> 12:03.600]  I turned to the bailiff, you, I need you outside.
[12:03.600 --> 12:09.360]  I walked outside and insisted that the bailiff go in there and drag that judge down off the
[12:09.360 --> 12:14.000]  bench and throw his behind in jail.
[12:14.000 --> 12:22.760]  At that point, it made no difference if the judge would have had subject matter jurisdiction
[12:22.760 --> 12:25.400]  or not.
[12:25.400 --> 12:34.920]  Once it is challenged, subject matter jurisdiction is lost and the judge must prove up subject
[12:34.920 --> 12:43.320]  matter jurisdiction, not opposing counsel or opposing party if the judge's duty until
[12:43.320 --> 12:45.800]  he proves it up, he don't have it.
[12:45.800 --> 12:51.720]  So he issued an order to evict this woman out of a house she lived in for 30 years and
[12:51.720 --> 12:56.080]  sheriff's deputies came out with loaded pistols on their hips.
[12:56.080 --> 12:57.080]  Her son was there.
[12:57.080 --> 13:03.960]  He couldn't resist because they felt as though they were acting in good faith reliance on
[13:03.960 --> 13:10.680]  competent authority and were prepared to use those loaded pistols.
[13:10.680 --> 13:15.360]  I call that first degree felony aggravated assault.
[13:15.360 --> 13:22.760]  I just filed a set of complaints with a JP that took up three quarters of a ream of paper
[13:22.760 --> 13:28.680]  with all of the criminal accusations against all of the parties involved.
[13:28.680 --> 13:36.400]  If you look at your documentation and it appears that someone filed a document in the record
[13:36.400 --> 13:48.960]  that was fraudulent as fraudulent as is defined by 51901 paragraph C, then whoever filed that
[13:48.960 --> 13:55.240]  document secured and executed the document by deception and went before a notary and
[13:55.240 --> 14:01.360]  swore under oath to material facts they knew were untrue and then they filed that document
[14:01.360 --> 14:07.400]  having statements that were untrue that the filer knew were untrue and intended to be
[14:07.400 --> 14:09.720]  taken as true.
[14:09.720 --> 14:15.760]  That's tampering with the government document we got, securing and executing a document
[14:15.760 --> 14:22.560]  by deception, aggravated perjury, tampering with the government document for the purpose
[14:22.560 --> 14:32.160]  of theft as defined by 31.03 in conspiracy with the other actors 1502 and then the judge
[14:32.160 --> 14:38.960]  committed official oppression 3903 and then he committed first degree felony aggravated
[14:38.960 --> 14:45.120]  assault by sending people out who were prominently displaying deadly weapons and acting under
[14:45.120 --> 14:49.360]  the color of his authority which did not exist.
[14:49.360 --> 14:56.680]  You want to play hardball bubba, we'll introduce you to the deep end of the pool.
[14:56.680 --> 15:03.560]  The last one can get him 20 to life all on its own and we don't appeal it to some corrupt
[15:03.560 --> 15:10.880]  county judge, we only use the county judge to create more accusations for a grand jury
[15:10.880 --> 15:15.480]  where we really want to appeal it is to a grand jury.
[15:15.480 --> 15:19.140]  Roger, does that make sense?
[15:19.140 --> 15:22.240]  It makes sense and I understand it.
[15:22.240 --> 15:27.720]  You said that I can go in and drop this plea of subject matter jurisdiction on them five
[15:27.720 --> 15:31.920]  minutes before court, do I need to?
[15:31.920 --> 15:43.000]  Subject matter jurisdiction may be filed at any time no matter how remote in history.
[15:43.000 --> 15:47.680]  So I can stand up in the court and say your honor I challenge you, I plead to the court
[15:47.680 --> 15:50.080]  subject matter jurisdiction.
[15:50.080 --> 15:57.160]  Yes you want, okay this is how you do that, your honor I am here at arm's length to the
[15:57.160 --> 16:04.640]  court, I have before the court, you need to file a written challenge subject matter jurisdiction,
[16:04.640 --> 16:12.800]  I have before the court a plea to the jurisdiction, this is a pleading not a motion, this is
[16:12.800 --> 16:19.280]  a plea to the jurisdiction, I am at arm's length, if he denies the subject matter jurisdiction
[16:19.280 --> 16:27.480]  you walk out of the court, you cannot participate in anything that goes on there once you have
[16:27.480 --> 16:33.240]  filed a plea to the jurisdiction at arm's length to the court and they are not used
[16:33.240 --> 16:38.760]  to that, they are certainly not used to you knowing that and when he denies it you turn
[16:38.760 --> 16:44.800]  and walk out of the court and they are going to wonder what has he got set up for me and
[16:44.800 --> 16:50.000]  then they find out when you start filing criminal charges against the judge.
[16:50.000 --> 16:58.000]  Hang on Andy Kelton, Steve Skidmore, Rule of Law Radio, our colleague number 512-646-1984,
[16:58.000 --> 16:59.000]  John.
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[19:00.680 --> 19:05.680]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:05.680 --> 19:18.680]  Well, don't let nothing get to you, only the father can deliver you, don't let bad mind
[19:18.680 --> 19:27.680]  people hurt you, and test it and get behind, you know what I mean, my friend, knowledge
[19:27.680 --> 19:51.880]  I showed you a couple of days ago.
[19:51.880 --> 19:56.440]  Okay we are back here, Randy Kelvin through Skidmore, Rule of Law Radio, and we're talking
[19:56.440 --> 19:59.120]  to Roger from Texas.
[19:59.120 --> 20:12.480]  Okay Roger, look at anything that would go to unclean hands, do a search on the internet
[20:12.480 --> 20:19.120]  for unclean hands Texas, and you get some case law on that, and it essentially says
[20:19.120 --> 20:24.880]  that no person may be allowed to profit from his own misdeeds.
[20:24.880 --> 20:33.080]  But if you can show that any statement in any of these documents is fraudulent, not
[20:33.080 --> 20:44.800]  fraudulent as fraud is defined in the civil causes of action, but fraudulent as it's defined
[20:44.800 --> 20:51.040]  in 51901C of Texas government code.
[20:51.040 --> 20:58.760]  So you're not exactly accusing them of committing criminal fraud, but the narrow definition
[20:58.760 --> 21:03.840]  in this particular circumstance.
[21:03.840 --> 21:11.640]  If they can't show that they have actual standing, and here where you have an apparent uninterrupted
[21:11.640 --> 21:18.240]  chain of title, did you hear Chris earlier, I think Chris has dropped off, did you hear
[21:18.240 --> 21:26.200]  Chris earlier when he told about sending a request to his mortgage insurance carrier
[21:26.200 --> 21:31.640]  asking for a list of all of the beneficiaries on the insurance policy?
[21:31.640 --> 21:37.240]  No I didn't hear that, I guess I did, as a matter of fact I heard it a couple of weeks
[21:37.240 --> 21:39.400]  ago when he was talking about it.
[21:39.400 --> 21:47.520]  Okay send a request, you get names there and that goes to prima facie.
[21:47.520 --> 21:54.760]  You have prima facie evidence to indicate that this person took possession of a claim
[21:54.760 --> 21:55.760]  against the property.
[21:55.760 --> 22:00.080]  You don't know what the claim was, maybe it was a security instrument, maybe it was
[22:00.080 --> 22:05.920]  beneficial interest in a note, but enough that they would file as beneficiary on the
[22:05.920 --> 22:12.160]  insurance policy, so who the heck are these guys?
[22:12.160 --> 22:20.080]  If you see names there that aren't here then you file against the entity filing for the,
[22:20.080 --> 22:29.280]  that filed the substitute trustees did and charge him with scurrying and executing by
[22:29.280 --> 22:35.680]  deception, aggravated perjury, the whole smear.
[22:35.680 --> 22:42.320]  First thing about filing criminal charges is when you file a criminal accusation so
[22:42.320 --> 22:52.200]  long as you don't commit aggravated perjury, so long as you state the facts succinctly
[22:52.200 --> 23:00.920]  and without exaggeration or equivocation you have the exact same protection against civil
[23:00.920 --> 23:07.240]  action as a judge does, you cannot be sued.
[23:07.240 --> 23:12.040]  You could be charged criminally if you lie, but if you just tell the facts as they are
[23:12.040 --> 23:15.440]  you are absolutely protected.
[23:15.440 --> 23:21.400]  This is the place they do not want you going, they do not want you to know how powerful
[23:21.400 --> 23:25.080]  it is and how protected that you are.
[23:25.080 --> 23:36.560]  You start filing those then you really gum up the works, you may wind up with an eviction
[23:36.560 --> 23:44.040]  and while it's inconvenient if there are problems with the paperwork they haven't harmed you
[23:44.040 --> 23:52.200]  until they have done an eviction, now they've harmed you, your claim gets much bigger.
[23:52.200 --> 23:55.880]  Have you looked at road ash fees?
[23:55.880 --> 23:56.880]  What is it?
[23:56.880 --> 24:01.880]  The fees they charged you on the hunt one settlement statement.
[24:01.880 --> 24:03.000]  No.
[24:03.000 --> 24:13.680]  To cover losses from Obamacare, insurance companies are now expected to receive a $5.5
[24:13.680 --> 24:17.080]  billion bailout of sorts.
[24:17.080 --> 24:21.720]  I'm Ben Swan with your Truth In Media moment brought to you in part by benswan.com.
[24:21.720 --> 24:25.440]  This is a story that's hard to believe and yet insurance companies like Wellpoint and
[24:25.440 --> 24:32.320]  Humana expected to receive over $5 billion next year to offset the lack of young people
[24:32.320 --> 24:34.880]  enrolling in the Affordable Care Act.
[24:34.880 --> 24:40.320]  The money is designated to help insurers who find the cost of the law higher than expected
[24:40.320 --> 24:46.600]  based on the percentage of older sicker people who enrolled compared to the younger enrolled
[24:46.600 --> 24:49.200]  who were expected to help cover that cost.
[24:49.200 --> 24:53.960]  Even the Patient Protection and Affordable Care Act insurers who record a profit of 3%
[24:53.960 --> 24:59.160]  or more on their Obamacare business would put some of the gains into a government controlled
[24:59.160 --> 25:00.560]  fund.
[25:00.560 --> 25:01.800]  So why is this fund necessary?
[25:01.800 --> 25:05.800]  I'll tell you more after this.
[25:05.800 --> 25:09.320]  The destruction of constitutional liberties and endless foreign wars.
[25:09.320 --> 25:13.960]  The voice of the people silenced while lawmakers simply enrich themselves and the political
[25:13.960 --> 25:14.960]  class.
[25:14.960 --> 25:15.960]  I'm Ben Swan.
[25:15.960 --> 25:17.120]  Is it about left versus right?
[25:17.120 --> 25:20.440]  No, the real fight is liberty versus tyranny.
[25:20.440 --> 25:23.840]  At benswan.com we are breaking the left-right paradigm.
[25:23.840 --> 25:28.680]  We know that the American two-party system is broken and that to restore American liberty
[25:28.680 --> 25:32.720]  means to restore your rights as an individual.
[25:32.720 --> 25:36.840]  At benswan.com we cover stories the national media won't touch from the National Defense
[25:36.840 --> 25:42.880]  Authorization Act to nullification, militarization of police and crony capitalism.
[25:42.880 --> 25:46.000]  We are the face of new media.
[25:46.000 --> 25:51.120]  benswan.com where humanity is greater than politics.
[25:51.120 --> 25:55.600]  The biggest problem that the Affordable Care Act, also known as Obamacare, has always faced
[25:55.600 --> 26:01.880]  and there are many, was this reality that in order to sign lots of older, sicker people
[26:01.880 --> 26:06.000]  into the healthcare exchanges, large numbers of young, healthy people would need to sign
[26:06.000 --> 26:09.720]  up for insurance that they might not want or need.
[26:09.720 --> 26:14.320]  The latter hasn't happened and as a result, large insurance companies that were put in
[26:14.320 --> 26:18.840]  a position of having the public required to purchase their products are now saying they
[26:18.840 --> 26:20.680]  won't make enough money.
[26:20.680 --> 26:25.440]  Dan Mimelson, the president of Avalair Health, a Washington consulting firm, said in a telephone
[26:25.440 --> 26:29.680]  interview with Bloomberg News, quote, if you want to insure the uninsured and you want
[26:29.680 --> 26:34.200]  to set up a competitive marketplace and drive health system improvement, you're not going
[26:34.200 --> 26:39.740]  to do that without offloading some of the risk for insurance providers, end quote.
[26:39.740 --> 26:44.080]  And that's exactly the problem with this merger of government mandates and private business.
[26:44.080 --> 26:48.840]  Services that exist for profit and yet are being secured, upheld, and ultimately bailed
[26:48.840 --> 26:50.560]  out by government.
[26:50.560 --> 26:55.560]  By government that in reality should have no connection to requiring people to purchase
[26:55.560 --> 26:59.200]  a product from a private company.
[26:59.200 --> 27:04.000]  For stories that affect your liberty, you can find me online at benswan.com, where humanity
[27:04.000 --> 27:08.320]  is greater than politics.
[27:08.320 --> 27:12.780]  A federal lawsuit has just been filed by the Libertarian Party of Ohio, challenging a new
[27:12.780 --> 27:15.760]  effort to deny libertarians a vote for governor.
[27:15.760 --> 27:20.720]  I'm Ben Swan with your truth in media moment brought to you in part by benswan.com.
[27:20.720 --> 27:25.840]  This latest attempt comes from the Ohio secretary of state, John Husted, on Friday, as he decided
[27:25.840 --> 27:31.440]  to kick Libertarian Party candidate for governor, Charlie Earl, off the primary ballot.
[27:31.440 --> 27:35.280]  Attorney general candidate, Steve Linneberry, also a libertarian, was kicked off the ballot
[27:35.280 --> 27:36.280]  as well.
[27:36.280 --> 27:41.120]  The secretary of state, Houston, a Republican, said one independent contractor who collected
[27:41.120 --> 27:46.360]  signatures to get Earl on the ballot did not disclose the name of the entity that had hired
[27:46.360 --> 27:49.240]  him as required by Ohio law.
[27:49.240 --> 27:53.080]  That contractor testified in Friday's hearing that he has collected signatures for ballot
[27:53.080 --> 27:59.480]  initiatives in Ohio for 12 years and during that time has never once disclosed his employer
[27:59.480 --> 28:04.440]  and yet this is the first time any petition has ever been rejected.
[28:04.440 --> 28:08.560]  So why is the Republican Party working so hard to keep the Libertarian Party off the
[28:08.560 --> 28:10.000]  ballot in Ohio?
[28:10.000 --> 28:13.480]  I'll tell you after this.
[28:13.480 --> 28:17.040]  The destruction of constitutional liberties and endless foreign wars.
[28:17.040 --> 28:21.680]  The voice of the people silenced while lawmakers simply enrich themselves and the political
[28:21.680 --> 28:22.680]  class.
[28:22.680 --> 28:23.680]  I'm Ben Swan.
[28:23.680 --> 28:24.800]  Is it about left versus right?
[28:24.800 --> 28:28.200]  No, the real fight is liberty versus tyranny.
[28:28.200 --> 28:31.580]  At benswan.com we are breaking the left right paradigm.
[28:31.580 --> 28:36.440]  We know that the American two party system is broken and that to restore American liberty
[28:36.440 --> 28:40.440]  means to restore your rights as an individual.
[28:40.440 --> 28:44.580]  At benswan.com we cover stories the national media won't touch from the National Defense
[28:44.580 --> 28:47.400]  Authorization Act to nullification.
[28:47.400 --> 28:55.520]  We are the face of new media, benswan.com, where humanity is greater than politics.
[28:55.520 --> 28:59.760]  The Republican Party in Ohio has been pulling out all the stops to keep the Libertarian
[28:59.760 --> 29:01.400]  Party off the ballot.
[29:01.400 --> 29:02.960]  Well, why do this?
[29:02.960 --> 29:04.600]  Well, consider this.
[29:04.600 --> 29:09.000]  Republican Governor John Kasich is hoping to be reelected in 2014 and yet has faced
[29:09.000 --> 29:14.240]  harsh criticism from Tea Party voters over his expansion of Medicaid in Ohio as well
[29:14.240 --> 29:17.640]  as his support for common core state standards.
[29:17.640 --> 29:23.880]  In 2010 when Kasich won the governorship from then governor and Democrat Ted Strickland,
[29:23.880 --> 29:28.500]  Kasich pulled 49% of the vote to Strickland's 47%.
[29:28.500 --> 29:31.520]  The Libertarian candidate pulled 2%.
[29:31.520 --> 29:38.880]  Estimates this time is that Earl could pull at minimum 5% but could go as high as 10%.
[29:38.880 --> 29:45.480]  Even at 5% Charlie Earl prevents John Kasich from being reelected if the GOP turnout is
[29:45.480 --> 29:47.720]  similar to 2010.
[29:47.720 --> 29:53.520]  So the answer to the Libertarian threat, just remove the party from the ballot.
[29:53.520 --> 29:59.240]  Give voters fewer choices in order to preserve your position of power.
[29:59.240 --> 30:03.920]  For stories that affect your liberty, you can find me online at benswan.com where humanity
[30:03.920 --> 30:08.680]  is greater than politics.
[30:08.680 --> 30:12.400]  You've probably heard of WikiLeaks, the website that's released lots of government documents.
[30:12.400 --> 30:15.480]  But have you heard of the granddaddy of leaks, Cryptome.org?
[30:15.480 --> 30:20.120]  I'm Dr. Catherine Albrecht and I'll be back with more about how Cryptome holds governments
[30:20.120 --> 30:22.520]  and corporations accountable.
[30:22.520 --> 30:24.120]  Privacy is under attack.
[30:24.120 --> 30:27.720]  When you give up data about yourself, you'll never get it back again.
[30:27.720 --> 30:32.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:32.520 --> 30:37.520]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:37.520 --> 30:40.280]  Privacy, it's worth hanging on to.
[30:40.280 --> 30:44.560]  This public service announcement is brought to you by Startpage.com, the private search
[30:44.560 --> 30:48.120]  engine alternative to Google, Yahoo and Bing.
[30:48.120 --> 30:50.880]  Start over with Startpage.
[30:50.880 --> 30:55.520]  The website Cryptome.org has been archiving leaked and whistleblower documents for over
[30:55.520 --> 30:59.080]  14 years to keep governments and big business in check.
[30:59.080 --> 31:04.000]  Back in 2003, the site's owner, John Young, came to my rescue when my spy chips co-author
[31:04.000 --> 31:07.720]  and I dug up explosive confidential documents.
[31:07.720 --> 31:12.640]  They told how businesses like Procter & Gamble planned to pacify consumers who would be outraged
[31:12.640 --> 31:15.840]  by RFID, a new tracking technology.
[31:15.840 --> 31:19.440]  The information was so scandalous, we were sure it would disappear the moment someone
[31:19.440 --> 31:21.640]  found out it was publicly accessible.
[31:21.640 --> 31:24.600]  We were also worried we might be accused of hacking.
[31:24.600 --> 31:28.240]  John came to our rescue and the documents are still mirrored there today.
[31:28.240 --> 31:41.520]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:41.520 --> 31:46.880]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:46.880 --> 31:52.320]  The government says that fire brought it down, however, 1,500 architects and engineers concluded
[31:52.320 --> 31:53.800]  it was a controlled demolition.
[31:53.800 --> 31:58.040]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[31:58.040 --> 31:59.360]  first responders are dying.
[31:59.360 --> 32:02.960]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction
[32:02.960 --> 32:07.920]  officer, I'm an Air Force pilot, I'm a father who lost his son, we're Americans and we deserve
[32:07.920 --> 32:08.920]  the truth.
[32:08.920 --> 32:11.920]  Go to RememberBuilding7.org today.
[32:11.920 --> 32:15.960]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:15.960 --> 32:19.680]  In today's America, we live in an us-against-them society, and if we the people are ever going
[32:19.680 --> 32:23.840]  to have a free society, then we're going to have to stand and defend our own rights.
[32:23.840 --> 32:26.880]  Among those rights are the right to travel freely from place to place, the right to act
[32:26.880 --> 32:30.600]  in our own private capacity, and most importantly, the right to due process of law.
[32:30.600 --> 32:34.760]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:34.760 --> 32:36.240]  our rights through due process.
[32:36.240 --> 32:40.120]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[32:40.120 --> 32:43.880]  most comprehensive teaching tool available that will help you understand what due process
[32:43.880 --> 32:46.240]  is and how to hold courts to the rule of law.
[32:46.240 --> 32:50.320]  And you can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:50.320 --> 32:51.320]  ordering your copy today.
[32:51.320 --> 32:55.000]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:55.000 --> 32:59.400]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:59.400 --> 33:01.720]  documents and other useful resource material.
[33:01.720 --> 33:05.680]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[33:05.680 --> 33:24.160]  Order your copy today and together we can have the free society we all want and deserve.
[33:35.680 --> 33:51.520]  Okay, we are back.
[33:51.520 --> 33:59.800]  Super Dev is there in the background and we had a bit of a crash, dropped us off the air.
[33:59.800 --> 34:02.200]  Dev is a magician in these things.
[34:02.200 --> 34:07.440]  You know, I'm trained as an electrical engineer.
[34:07.440 --> 34:16.120]  And when we started this network, Debra worked around the clock all day, every day.
[34:16.120 --> 34:18.800]  And I watched what she was doing.
[34:18.800 --> 34:28.740]  She actually designed and wrote the code for everything that goes on on this network.
[34:28.740 --> 34:34.080]  But I was absolutely astounded at the depth of her knowledge.
[34:34.080 --> 34:40.800]  And we crashed off and it takes her, you know, she jumps right on it and gets it fixed.
[34:40.800 --> 34:47.360]  I don't always express how much I appreciate what she does to keep this thing on the air.
[34:47.360 --> 34:48.360]  Excuse me.
[34:48.360 --> 34:49.360]  Okay.
[34:49.360 --> 34:55.160]  Now, now if we can just keep air in Randy.
[34:55.160 --> 35:00.160]  Yes, and just keep me from choking on my own.
[35:00.160 --> 35:01.160]  Okay.
[35:01.160 --> 35:04.160]  Let's go to Danny in Texas.
[35:04.160 --> 35:08.160]  Danny, are you there?
[35:08.160 --> 35:09.160]  Yeah.
[35:09.160 --> 35:11.160]  You hear me?
[35:11.160 --> 35:12.160]  Okay.
[35:12.160 --> 35:13.160]  Yes, I can.
[35:13.160 --> 35:14.160]  What do you have for us today?
[35:14.160 --> 35:15.160]  Okay.
[35:15.160 --> 35:16.160]  Well, I'm not in Texas anymore.
[35:16.160 --> 35:17.160]  We're up in Tennessee.
[35:17.160 --> 35:18.160]  But.
[35:18.160 --> 35:21.160]  Oh, you went from Redneck to Hillbilly.
[35:21.160 --> 35:22.160]  Yeah.
[35:22.160 --> 35:24.160]  That's where I'm originally from.
[35:24.160 --> 35:25.160]  Oh, okay.
[35:25.160 --> 35:26.160]  But.
[35:26.160 --> 35:27.160]  Hillbilly transplant.
[35:27.160 --> 35:31.160]  You are the Danny I thought you were.
[35:31.160 --> 35:33.160]  Yeah, I am that one.
[35:33.160 --> 35:36.160]  But I'm not in the Hills part.
[35:36.160 --> 35:37.160]  That's Eastern Tennessee.
[35:37.160 --> 35:40.160]  It's Western Tennessee, the flatlands mostly.
[35:40.160 --> 35:41.160]  Wait a minute.
[35:41.160 --> 35:42.160]  Where in Western Tennessee?
[35:42.160 --> 35:46.160]  I'm from a place called Palmer'sville.
[35:46.160 --> 35:50.160]  Palmer'sville was right in the middle of the Coley gullies.
[35:50.160 --> 35:54.160]  Actually, I was from a place called Scrouchhorn.
[35:54.160 --> 35:57.160]  And it was in the middle of the Coley gullies.
[35:57.160 --> 36:03.160]  I was five years old before I knew that a shoe was something that went on your foot.
[36:03.160 --> 36:07.160]  And not just something daddy used to throw at the dogs.
[36:07.160 --> 36:10.160]  I was from West Tennessee.
[36:10.160 --> 36:11.160]  Okay.
[36:11.160 --> 36:13.160]  Well, I'm in Jackson.
[36:13.160 --> 36:16.160]  Oh, I'm from about 60 miles north of Jackson.
[36:16.160 --> 36:17.160]  Dresden.
[36:17.160 --> 36:18.160]  Okay.
[36:18.160 --> 36:21.160]  Union City.
[36:21.160 --> 36:25.160]  My daughter, she was raised here in Texas.
[36:25.160 --> 36:32.160]  And we don't have any family in Texas, so she went to Tennessee to spend the summer with my mother.
[36:32.160 --> 36:38.160]  And I told her, Robin, if you are driving around with mother in Texas, in Tennessee,
[36:38.160 --> 36:46.160]  and somebody waved at you, whether a kid, ask mother, she'll tell you how.
[36:46.160 --> 36:51.160]  When my daughter came back, she said, dad, I thought you were kidding.
[36:51.160 --> 36:56.160]  She knew everybody.
[36:56.160 --> 36:59.160]  So we are kin to West Texas.
[36:59.160 --> 37:04.160]  So if you're from West Texas, I mean West Tennessee, we're probably kin.
[37:04.160 --> 37:05.160]  Okay.
[37:05.160 --> 37:07.160]  Enough of that.
[37:07.160 --> 37:08.160]  You have a question.
[37:08.160 --> 37:16.160]  I'm calling in with a MagicJack phone, and it hangs up after an hour and a half.
[37:16.160 --> 37:19.160]  We're at an hour and 13 right now.
[37:19.160 --> 37:20.160]  Okay.
[37:20.160 --> 37:23.160]  If you will hang up and call right back, we will pick you up.
[37:23.160 --> 37:28.160]  Well, there's probably enough time to explain it and I could listen off the phone.
[37:28.160 --> 37:29.160]  Okay.
[37:29.160 --> 37:38.160]  Well, I ended up doing a reverse mortgage for my mother back in late 2011,
[37:38.160 --> 37:49.160]  and then she died August 2013.
[37:49.160 --> 37:51.160]  Let's see.
[37:51.160 --> 37:54.160]  That was a great deal for the reverse mortgage company.
[37:54.160 --> 37:56.160]  What's that?
[37:56.160 --> 38:00.160]  That was a great deal for the reverse mortgage company.
[38:00.160 --> 38:02.160]  Yeah, I suppose so.
[38:02.160 --> 38:05.160]  Anyway, it was a MetLife Home Loan to start with,
[38:05.160 --> 38:10.160]  and they're one of those who got in trouble and had the consent orders signed on them
[38:10.160 --> 38:13.160]  and supposed to fix some things.
[38:13.160 --> 38:16.160]  Well, instead of actually fixing them, they just dumped all their stuff off
[38:16.160 --> 38:31.160]  in this other company, a non-bank unregulated servicer in Texas there called NationStar.
[38:31.160 --> 38:40.160]  So there was a transfer recorded, but the transfer only says that they're transferring
[38:40.160 --> 38:45.160]  their interest in the data trust and doesn't make any mention of the note.
[38:45.160 --> 38:47.160]  And a number of other things.
[38:47.160 --> 38:51.160]  So they started process, and I was writing some things back.
[38:51.160 --> 38:57.160]  And then after a while, well, I noticed that the account they asked to be paid on
[38:57.160 --> 39:00.160]  when they finally made the demand for payment,
[39:00.160 --> 39:04.160]  well, it had a different number than was on the note.
[39:04.160 --> 39:10.160]  So I wrote back and asked them to confirm that this account was for that particular note
[39:10.160 --> 39:11.160]  that we'd done.
[39:11.160 --> 39:13.160]  Well, they would never answer that.
[39:13.160 --> 39:15.160]  I said, I don't know, everything's just fine.
[39:15.160 --> 39:21.160]  Those were finally, you know, sued for quiet title in the Chancery Court here.
[39:21.160 --> 39:29.160]  And so, you know, the first thing they did was motion dismissed for failure to state a claim
[39:29.160 --> 39:31.160]  and lack of standing.
[39:31.160 --> 39:33.160]  Well, it had a few things in there.
[39:33.160 --> 39:36.160]  The judge finally decided, no, it doesn't make a claim,
[39:36.160 --> 39:39.160]  and I thought I had two because they avoided talking about where the claim was.
[39:39.160 --> 39:42.160]  They talked about all this other stuff that was in there.
[39:42.160 --> 39:48.160]  But the standing he did go with because I was basically making a suit for the state
[39:48.160 --> 39:52.160]  because I was just trying to preserve the house for the estate
[39:52.160 --> 39:55.160]  because it had to be the executor.
[39:55.160 --> 40:00.160]  And so, you know, I figured that out after I saw their motion, looked things up.
[40:00.160 --> 40:04.160]  And so I just asked for time to do that, and the judge said, well, okay.
[40:04.160 --> 40:08.160]  And so I opened probate because he didn't recognize that there was an estate
[40:08.160 --> 40:10.160]  without probate being opened.
[40:10.160 --> 40:13.160]  And I got myself appointed to the executor,
[40:13.160 --> 40:17.160]  then go back to add the estate as an indispensable party.
[40:17.160 --> 40:23.160]  And the judge said, okay, I need to add the estate as the plaintiff dropped me from it.
[40:23.160 --> 40:28.160]  And then added on that the estate being an entity had to be represented
[40:28.160 --> 40:32.160]  by an attorney in court.
[40:32.160 --> 40:35.160]  Well, didn't have enough other funds and everything in the estate
[40:35.160 --> 40:38.160]  to make that a really feasible kind of thing.
[40:38.160 --> 40:44.160]  So then do a quick claim from the estate to me personally.
[40:44.160 --> 40:48.160]  And just here a little bit back, got that done.
[40:48.160 --> 40:50.160]  Judge kind of went with that.
[40:50.160 --> 40:53.160]  Who did the quick claim?
[40:53.160 --> 40:55.160]  The estate.
[40:55.160 --> 41:00.160]  How did the state have standing to do a quick claim?
[41:00.160 --> 41:03.160]  The estate.
[41:03.160 --> 41:04.160]  Estate.
[41:04.160 --> 41:06.160]  Estate.
[41:06.160 --> 41:07.160]  The estate.
[41:07.160 --> 41:09.160]  The estate.
[41:09.160 --> 41:10.160]  Yeah.
[41:10.160 --> 41:11.160]  Okay.
[41:11.160 --> 41:15.160]  Who was the executor for the estate?
[41:15.160 --> 41:17.160]  I was.
[41:17.160 --> 41:23.160]  And who did you do the transfer to, the quick claim to?
[41:23.160 --> 41:25.160]  To me personally.
[41:25.160 --> 41:28.160]  I don't think you could do that.
[41:28.160 --> 41:32.160]  Well, nobody brought up anything about not being able to do that.
[41:32.160 --> 41:34.160]  Oh, cool.
[41:34.160 --> 41:41.160]  My brother was other main heir to the House,
[41:41.160 --> 41:45.160]  so he signed it too because it didn't seem practical to try to be stuck
[41:45.160 --> 41:49.160]  with the attorney for the estate.
[41:49.160 --> 41:52.160]  So he signed on it too.
[41:52.160 --> 41:55.160]  But anyway, that seems to be done unless they bring something else up
[41:55.160 --> 41:58.160]  because the last hearing we had had to do with that.
[41:58.160 --> 42:01.160]  Okay, hold on just a second.
[42:01.160 --> 42:09.160]  Let me qualify that Danny is probably as knowledgeable about this stuff as I am.
[42:09.160 --> 42:12.160]  So he's been in legal reform for a long time,
[42:12.160 --> 42:15.160]  so he's going to be asking us hard questions.
[42:15.160 --> 42:18.160]  So if we seem like we're stumbling,
[42:18.160 --> 42:21.160]  it's because we're dealing with someone who's on a level with us.
[42:21.160 --> 42:22.160]  Okay.
[42:22.160 --> 42:23.160]  Okay.
[42:23.160 --> 42:24.160]  Go ahead, Dan.
[42:24.160 --> 42:25.160]  Well, I don't want this to be that hard.
[42:25.160 --> 42:27.160]  It's just something in a different area than what I've been involved in.
[42:27.160 --> 42:32.160]  But because it did foreclosure and eviction,
[42:32.160 --> 42:36.160]  it's kind of indicating that I would need to change the nature of the suit.
[42:36.160 --> 42:41.160]  They want me to change it to suit for damages,
[42:41.160 --> 42:43.160]  which I know that's what they want,
[42:43.160 --> 42:45.160]  but for sure that's not what I need to be doing.
[42:45.160 --> 42:49.160]  But it might be something else besides the quit claims,
[42:49.160 --> 42:52.160]  but I'm not sure about that either.
[42:52.160 --> 42:55.160]  But the quit claim is what's in there to start with.
[42:55.160 --> 42:57.160]  That started before the foreclosure,
[42:57.160 --> 43:00.160]  and it was just a few days before the foreclosure.
[43:00.160 --> 43:03.160]  I asked for a temporary straining order,
[43:03.160 --> 43:09.160]  but they've got some provision here that something to do with real estate like that,
[43:09.160 --> 43:14.160]  that you have to give the other side five days' notice on it.
[43:14.160 --> 43:18.160]  Well, it was only a couple of days there, so it wouldn't do that.
[43:18.160 --> 43:26.160]  And so the temporary straining order didn't come out or anything.
[43:26.160 --> 43:28.160]  Anyway, they didn't do it on the next time,
[43:28.160 --> 43:30.160]  but I didn't catch on to when they did do it
[43:30.160 --> 43:32.160]  because they didn't announce when they changed it to,
[43:32.160 --> 43:37.160]  except at the time for the trustee sale.
[43:37.160 --> 43:38.160]  Okay, hang on.
[43:38.160 --> 43:39.160]  We're about to go to break.
[43:39.160 --> 43:47.160]  Over break, is there anything that would interfere with their ability to adjudicate the issue?
[43:47.160 --> 43:50.160]  So we'll pick up that question when we come back on the other side.
[43:50.160 --> 43:52.160]  This is Randy Kelton, Steve Stigmore,
[43:52.160 --> 43:57.160]  we will on radio are calling number 512-646-1984.
[43:57.160 --> 44:20.160]  We'll be right back.
[44:27.160 --> 44:49.160]  Thank you.
[44:57.160 --> 45:04.160]  Are you the plaintiff or defendant in a lawsuit?
[45:04.160 --> 45:07.160]  Win your case without an attorney with Juris Dictionary,
[45:07.160 --> 45:15.160]  the affordable, easy to understand, core CD course that will show you how in 24 hours, step by step.
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[45:34.160 --> 45:36.160]  Even if you're not in a lawsuit,
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[45:49.160 --> 46:01.160]  pro se tactics, and much more. Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[46:19.160 --> 46:44.160]  Okay, we're back. Randy Kelton, Steve Skidmore, we're talking to Danny and actually he's in Tennessee.
[46:44.160 --> 46:47.160]  Okay, we're back, Danny.
[46:47.160 --> 46:52.160]  Okay, we really haven't gotten to the question yet. What is the...
[46:52.160 --> 46:56.160]  Well, the question is that since they've done the foreclosure and eviction,
[46:56.160 --> 47:05.160]  has the nature of things changed where it would not be quiet title action but needs to be converted to something else?
[47:05.160 --> 47:12.160]  No, it would be, okay, in Tennessee, in Texas, it would be trespass to try title.
[47:12.160 --> 47:18.160]  Most likely in most other states, it's always quiet title.
[47:18.160 --> 47:27.160]  You go in and challenge the validity of the title that was filed.
[47:27.160 --> 47:38.160]  If there was a foreclosure, then there's going to be a substitute trustee's deed or a deed of some type filed,
[47:38.160 --> 47:41.160]  and you challenge the validity of the deed.
[47:41.160 --> 47:51.160]  When the deed is filed, it is presumed to be regular and valid by the filing until it's challenged.
[47:51.160 --> 47:57.160]  So if you go in and file a challenge to the deed, depending on how it's done in Tennessee,
[47:57.160 --> 48:02.160]  is Tennessee a judicial state or nonjudicial?
[48:02.160 --> 48:04.160]  Nonjudicial.
[48:04.160 --> 48:22.160]  Okay, so it's the first state. So you go in and challenge the standing of the trustee to prosecute the foreclosure sale.
[48:22.160 --> 48:33.160]  And this is a reverse mortgage. I wouldn't think they had to foreclose on a reverse mortgage.
[48:33.160 --> 48:41.160]  They should just be able to file a wanted deed.
[48:41.160 --> 48:48.160]  Well, no, they did a foreclosure. I mean, I moved up here and I was in the house at the time that things were going on.
[48:48.160 --> 48:53.160]  But no, it was still a foreclosed, well, trustee's deed.
[48:53.160 --> 48:58.160]  How did they claim a foreclosure if they had a reverse mortgage?
[48:58.160 --> 49:08.160]  Reverse mortgage should have given them the ownership of the property once your mother passed away.
[49:08.160 --> 49:22.160]  Then if you were in the property, then they would have to file a forcible detainer under the trespass.
[49:22.160 --> 49:29.160]  Yeah, well, they did that later, but they did a foreclosure first, a trustee sale.
[49:29.160 --> 49:35.160]  What was the grounds for the trustee sale? Was there a deed of trust filed to them?
[49:35.160 --> 49:38.160]  A deed of trust.
[49:38.160 --> 49:46.160]  And how did they claim that your mother defaulted on the deed of trust?
[49:46.160 --> 49:49.160]  She died.
[49:49.160 --> 49:58.160]  And this really goes to, I'm not really familiar with how a reverse mortgage works.
[49:58.160 --> 50:09.160]  So they consider dying as foreclosure and not as just as creating a contractual condition.
[50:09.160 --> 50:17.160]  Well, I guess it is sort of a contractual condition, but the point of conditions is that when the last owner leaves the house,
[50:17.160 --> 50:23.160]  until when you die, you end up leaving.
[50:23.160 --> 50:28.160]  Yeah, but see, I don't see how that goes to foreclosure.
[50:28.160 --> 50:36.160]  That should just go to an agreed warranty.
[50:36.160 --> 50:43.160]  Well, no, they just did it by deed of trust and then proceeded with that. There was no...
[50:43.160 --> 50:52.160]  Okay, they're claiming that since she passed away that they could execute the foreclosure.
[50:52.160 --> 50:57.160]  Okay, I haven't seen the documents that are filed in a reverse mortgage.
[50:57.160 --> 51:03.160]  What does the document actually say? Have you been through that?
[51:03.160 --> 51:06.160]  The note or the deed of trust?
[51:06.160 --> 51:09.160]  The deed of trust.
[51:09.160 --> 51:22.160]  Well, pretty much the same as any other it seemed, except there was also a second deed of trust with a HUD on it because it's a guaranteed loan.
[51:22.160 --> 51:30.160]  So they had the first deed of trust and HUD had a second deed of trust.
[51:30.160 --> 51:39.160]  The second deed of trust normally doesn't go anywhere, so they foreclosed on the first deed of trust.
[51:39.160 --> 51:40.160]  Okay.
[51:40.160 --> 51:41.160]  Right.
[51:41.160 --> 51:44.160]  What is your question or issue?
[51:44.160 --> 51:56.160]  Well, I started before they foreclosed, started a quiet title action, but I kind of give them indications that because of changes that need to change the suit,
[51:56.160 --> 52:05.160]  convert it to something else. You know, they're trying to say it should be a claim for damages, which I don't think that is what it is.
[52:05.160 --> 52:13.160]  Wait a minute, so there's a whole bunch missing here. Who damaged who by what?
[52:13.160 --> 52:18.160]  They damaged me by foreclosing an eviction.
[52:18.160 --> 52:30.160]  If they had a contract in a reverse mortgage, then weren't they within the confines of the contract?
[52:30.160 --> 52:34.160]  Well, they would say so.
[52:34.160 --> 52:39.160]  Okay, how would you say that they would not within the confines of the contract?
[52:39.160 --> 52:50.160]  The only thing they were transferred was the interest in the deed of trust and the transfer didn't say anything about the note.
[52:50.160 --> 52:53.160]  Is your name on the deed?
[52:53.160 --> 52:56.160]  Well, it's on the quit claim deed now.
[52:56.160 --> 52:58.160]  No, was your name on the original deed?
[52:58.160 --> 52:59.160]  No.
[52:59.160 --> 53:01.160]  Were you a party to the mortgage?
[53:01.160 --> 53:02.160]  No.
[53:02.160 --> 53:09.160]  Then you're going to have a hard time squeezing in on it.
[53:09.160 --> 53:14.160]  Now you are the trust, you are the executive of the estate?
[53:14.160 --> 53:23.160]  Yes, and I'm also the one to whom the quit claim deed deeded it to.
[53:23.160 --> 53:24.160]  Okay, am I talking about that?
[53:24.160 --> 53:27.160]  We're going to have to get cut off and we're going to have to call you back I think.
[53:27.160 --> 53:29.160]  We're going to have to keep talking.
[53:29.160 --> 53:42.160]  Yeah, I'm trying to figure out how the quit claim deed gets past the reverse mortgage deed and the reverse mortgage contract.
[53:42.160 --> 53:43.160]  I don't see that it would.
[53:43.160 --> 53:45.160]  He wasn't a party to it.
[53:45.160 --> 53:56.160]  Yeah, and I don't see how this person would be able to grant to you a claim that the party doesn't have.
[53:56.160 --> 53:59.160]  Nemo debt quote non-habit, brother.
[53:59.160 --> 54:01.160]  No one gives what he does not have.
[54:01.160 --> 54:04.160]  You want me to call back and give you just about five seconds here?
[54:04.160 --> 54:06.160]  Yeah, call back.
[54:06.160 --> 54:07.160]  Okay.
[54:07.160 --> 54:09.160]  Okay.
[54:09.160 --> 54:10.160]  Thank you, Dan.
[54:10.160 --> 54:15.160]  Okay, now we're going to go to Larry in Texas.
[54:15.160 --> 54:19.160]  Hello, Larry.
[54:19.160 --> 54:20.160]  Okay, did that take?
[54:20.160 --> 54:21.160]  Okay, there we go.
[54:21.160 --> 54:24.160]  Okay, hello, Larry.
[54:24.160 --> 54:26.160]  No, wait a minute, hold on, hold on.
[54:26.160 --> 54:30.160]  I'm on one of my color pages.
[54:30.160 --> 54:31.160]  There I got it.
[54:31.160 --> 54:33.160]  Okay, Larry, you're there.
[54:33.160 --> 54:35.160]  Yep, I am.
[54:35.160 --> 54:37.160]  You are.
[54:37.160 --> 54:38.160]  Okay.
[54:38.160 --> 54:40.160]  Okay, talk to me.
[54:40.160 --> 54:45.160]  I'd like to spend about a half a minute reading some tape law.
[54:45.160 --> 54:47.160]  Okay, hold on, Larry.
[54:47.160 --> 54:48.160]  You're kind of muffled.
[54:48.160 --> 54:52.160]  Can you move the mic a little bit away from your mouth?
[54:52.160 --> 54:54.160]  How about closer?
[54:54.160 --> 54:57.160]  Perfect, perfect.
[54:57.160 --> 55:04.160]  Okay, I'd like to spend about a half a minute reading some case law and get you guys' take on it.
[55:04.160 --> 55:12.160]  Okay, quote, a trial court may presume a document is fraudulent only if it makes one positive finding
[55:12.160 --> 55:15.160]  and three negative findings about the document.
[55:15.160 --> 55:22.160]  If the document is provided for by constitution or statute, or if it is created by agreement,
[55:22.160 --> 55:31.160]  or if it is imposed by a court, then it is not presumed fraudulent under government code 51.901C, end quote.
[55:31.160 --> 55:40.160]  And that comes from Cardenas V. Wilson, number 01-13-00509CV
[55:40.160 --> 55:48.160]  and the Texas Court of Appeals in Houston, January 2014, citing numerous other cases.
[55:48.160 --> 55:56.160]  Okay, that is kind of odd because it's saying one fraudulent or three negative.
[55:56.160 --> 55:58.160]  What does three negative mean?
[55:58.160 --> 56:00.160]  Well, I'm getting to that, and it's not or.
[56:00.160 --> 56:07.160]  It has to make one positive finding and three negative findings, which is what I'm about to get to.
[56:07.160 --> 56:08.160]  Okay.
[56:08.160 --> 56:14.160]  Quote, the court must affirmatively find that the document purports to create a lien
[56:14.160 --> 56:19.160]  or assert a claim against real or personal property or an interest in real property.
[56:19.160 --> 56:25.160]  Additionally, in order to find the subject document fraudulent, the court must also determine
[56:25.160 --> 56:32.160]  that the document is not one or any of the following three types of legitimate liens or claims.
[56:32.160 --> 56:38.160]  One, a document or instrument provided for by state or federal law or constitutional provisions.
[56:38.160 --> 56:43.160]  Two, created by implied or expressed consent or agreement of the obliger, debtor,
[56:43.160 --> 56:45.160]  or the owner of the real or personal property.
[56:45.160 --> 56:49.160]  Three, imposed by a court as an equitable, constructive, or other lien.
[56:49.160 --> 56:55.160]  That's Henry Haikwang Law, number 03.
[56:55.160 --> 57:01.160]  Okay, that's cool. That'll work.
[57:01.160 --> 57:08.160]  And that goes with the actual reading of the code as I read it.
[57:08.160 --> 57:10.160]  Well, okay.
[57:10.160 --> 57:12.160]  Yeah, I'm not sure that it does.
[57:12.160 --> 57:15.160]  Let me get through this here.
[57:15.160 --> 57:22.160]  If you look, for example, in a reported claim, a lien or claim militia k bishop,
[57:22.160 --> 57:27.160]  the court found that neither an appointment of substitute trustee nor a notice of substitute trustee sale
[57:27.160 --> 57:33.160]  nor deed of trust could be presumed fraudulent as defined by 51.901C Government Code
[57:33.160 --> 57:39.160]  simply because each challenge document is provided for by Texas law,
[57:39.160 --> 57:44.160]  and therefore the court could not make all three negative findings that it's required to make
[57:44.160 --> 57:49.160]  about the challenge documents in order to presume them to be fraudulent under...
[57:49.160 --> 57:51.160]  Okay, hold on.
[57:51.160 --> 58:01.160]  Each challenge document. This seems pretty specific to a particular case.
[58:01.160 --> 58:04.160]  Well, yeah, these are individual cases that I'm citing,
[58:04.160 --> 58:08.160]  but they all go to standing and prevailing which started the site.
[58:08.160 --> 58:14.160]  Okay, this is a cool analysis. This is exactly the kind of stuff I really like.
[58:14.160 --> 58:18.160]  But we're about to go to work. I got the music in the background.
[58:18.160 --> 58:21.160]  I'm going to do a top of the arrow break.
[58:21.160 --> 58:26.160]  And Larry, he just went to court into a hearing,
[58:26.160 --> 58:30.160]  and they asked him if I had provided any documents for him.
[58:30.160 --> 58:33.160]  And I thought, are you kidding me?
[58:33.160 --> 58:38.160]  This guy wouldn't use any of my documents. His are a lot better than mine.
[58:38.160 --> 58:41.160]  Okay, so we'll pick this up when we come back on the other side.
[58:41.160 --> 58:48.160]  This is Randy Kelton, Steve Skidmore, Wheelbarrow Radio. I call it number 512-646-1984.
[58:48.160 --> 59:12.160]  We'll be right back.
[59:18.160 --> 59:45.160]  We'll be right back.
[59:45.160 --> 01:00:00.160]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.160 --> 01:00:04.160]  A federal lawsuit has just been filed by the Libertarian Party of Ohio,
[01:00:04.160 --> 01:00:08.160]  challenging a new effort to deny Libertarians a vote for governor.
[01:00:08.160 --> 01:00:12.160]  I'm Ben Swann with your Truth In Media moment, brought to you in part by benswann.com.
[01:00:12.160 --> 01:00:17.160]  This latest attempt comes from the Ohio Secretary of State, John Husted, on Friday,
[01:00:17.160 --> 01:00:23.160]  as he decided to kick Libertarian Party candidate for governor, Charlie Earle, off the primary ballot.
[01:00:23.160 --> 01:00:28.160]  Attorney General candidate Steve Linneberry, also a Libertarian, was kicked off the ballot as well.
[01:00:28.160 --> 01:00:32.160]  The Secretary of State, Husted, a Republican, said one independent contractor
[01:00:32.160 --> 01:00:35.160]  who collected signatures to get Earle on the ballot
[01:00:35.160 --> 01:00:40.160]  did not disclose the name of the entity that had hired him, as required by Ohio law.
[01:00:40.160 --> 01:00:44.160]  Well, that contractor testified in Friday's hearing that he has collected signatures
[01:00:44.160 --> 01:00:48.160]  for ballot initiatives in Ohio for 12 years,
[01:00:48.160 --> 01:00:51.160]  and during that time has never once disclosed his employer,
[01:00:51.160 --> 01:00:56.160]  and yet this is the first time any petition has ever been rejected.
[01:00:56.160 --> 01:01:01.160]  So why is the Republican Party working so hard to keep the Libertarian Party off the ballot in Ohio?
[01:01:01.160 --> 01:01:05.160]  I'll tell you after this.
[01:01:05.160 --> 01:01:08.160]  The destruction of constitutional liberties and endless foreign wars,
[01:01:08.160 --> 01:01:14.160]  the voice of the people silenced, while lawmakers simply enrich themselves and the political class.
[01:01:14.160 --> 01:01:19.160]  I'm Ben Swan. Is it about left versus right? No, the real fight is liberty versus tyranny.
[01:01:19.160 --> 01:01:23.160]  At benswan.com, we are breaking the left-right paradigm.
[01:01:23.160 --> 01:01:26.160]  We know that the American two-party system is broken,
[01:01:26.160 --> 01:01:32.160]  and that to restore American liberty means to restore your right as an individual.
[01:01:32.160 --> 01:01:35.160]  At benswan.com, we cover stories the national media won't touch.
[01:01:35.160 --> 01:01:39.160]  From the National Defense Authorization Act to nullification,
[01:01:39.160 --> 01:01:42.160]  we are the face of new media.
[01:01:42.160 --> 01:01:47.160]  Benswan.com, where humanity is greater than politics.
[01:01:47.160 --> 01:01:53.160]  The Republican Party in Ohio has been pulling out all the stops to keep the Libertarian Party off the ballot.
[01:01:53.160 --> 01:01:56.160]  Well, why do this? Well, consider this.
[01:01:56.160 --> 01:02:00.160]  Republican Governor John Kasich is hoping to be re-elected in 2014,
[01:02:00.160 --> 01:02:05.160]  and yet has faced harsh criticism from Tea Party voters over his expansion of Medicaid in Ohio,
[01:02:05.160 --> 01:02:09.160]  as well as his support for Common Core State Standards.
[01:02:09.160 --> 01:02:15.160]  In 2010, when Kasich won the governorship from then-Governor and Democrat Ted Strickland,
[01:02:15.160 --> 01:02:20.160]  Kasich pulled 49 percent of the vote to Strickland's 47 percent.
[01:02:20.160 --> 01:02:23.160]  The Libertarian candidate pulled 2 percent.
[01:02:23.160 --> 01:02:30.160]  Well, estimates this time is that Earl could pull at minimum 5 percent, but could go as high as 10 percent.
[01:02:30.160 --> 01:02:39.160]  Even at 5 percent, Charlie Earl prevents John Kasich from being re-elected if the GOP turnout is similar to 2010.
[01:02:39.160 --> 01:02:42.160]  So the answer to the Libertarian threat?
[01:02:42.160 --> 01:02:45.160]  Just remove the party from the ballot.
[01:02:45.160 --> 01:02:51.160]  Give voters fewer choices in order to preserve your position of power.
[01:02:51.160 --> 01:02:58.160]  For stories that affect your liberty, you can find me online at benswan.com, where humanity is greater than politics.
[01:03:21.160 --> 01:03:43.160]  Okay, we are back.
[01:03:43.160 --> 01:03:50.160]  This is Steve Skidmore, Randy Kelton, Rule of Love Radio, and we're talking to Larry in Texas.
[01:03:50.160 --> 01:03:55.160]  And Larry is one of these researchers who makes me look like a chump.
[01:03:55.160 --> 01:04:04.160]  Okay, we were talking about what, Larry?
[01:04:04.160 --> 01:04:13.160]  Well, basically, all the case law I just read, you had quite a bit more in the past.
[01:04:13.160 --> 01:04:21.160]  Basically, what I'm seeing over and over and over is people trying to go into courts and use Texas government code
[01:04:21.160 --> 01:04:28.160]  51.901C definition of fraudulent to try to get a document presumed fraudulent.
[01:04:28.160 --> 01:04:36.160]  And over the last, oh, I don't know, four or five years or so, the Texas courts have very consistently and repeatedly
[01:04:36.160 --> 01:04:44.160]  and frequently saying that, okay, in order to presume this document fraudulent under 51.901C government code,
[01:04:44.160 --> 01:04:48.160]  we have to make one positive finding and three negative findings.
[01:04:48.160 --> 01:04:52.160]  Okay, what is the nature of the positive finding?
[01:04:52.160 --> 01:04:59.160]  The positive finding is that the court must affirmatively find that the document reports
[01:04:59.160 --> 01:05:05.160]  to create a lien or assert a claim against real property or an interest in real or personal property.
[01:05:05.160 --> 01:05:10.160]  That is the positive finding that the court must make.
[01:05:10.160 --> 01:05:13.160]  In addition to that, it must...
[01:05:13.160 --> 01:05:22.160]  Okay, that part is easy enough because the only kinds of documents we would raise an issue to are those kinds of documents
[01:05:22.160 --> 01:05:26.160]  that purport to make a claim against real property.
[01:05:26.160 --> 01:05:27.160]  Right.
[01:05:27.160 --> 01:05:36.160]  In addition to that, the three negative findings that the court must make is that one, well, it has to find that
[01:05:36.160 --> 01:05:40.160]  the document is not one of the three following types of legitimate claims.
[01:05:40.160 --> 01:05:42.160]  One, a document or...
[01:05:42.160 --> 01:05:50.160]  So in other words, the court has to find that the document is not a document or instrument provided for by state or federal law
[01:05:50.160 --> 01:05:52.160]  or constitutional provision.
[01:05:52.160 --> 01:06:00.160]  The court must find that the document or instrument being challenged is not created by implied or express consent
[01:06:00.160 --> 01:06:04.160]  or agreement of the obliger debtor or the owner of real or personal property.
[01:06:04.160 --> 01:06:06.160]  The court must find...
[01:06:06.160 --> 01:06:13.160]  Okay, that kind of goes to the Republic of Texas where they're producing documents that aren't...
[01:06:13.160 --> 01:06:15.160]  That they make up.
[01:06:15.160 --> 01:06:16.160]  Okay.
[01:06:16.160 --> 01:06:17.160]  Yeah.
[01:06:17.160 --> 01:06:19.160]  This has to be or.
[01:06:19.160 --> 01:06:21.160]  It can't be all three of them.
[01:06:21.160 --> 01:06:22.160]  Correct.
[01:06:22.160 --> 01:06:30.160]  Well, the effect of this is that the courts are repeatedly saying, well, you know, they're challenging a deed of trust
[01:06:30.160 --> 01:06:33.160]  or they're challenging an appointment of substitute trustees.
[01:06:33.160 --> 01:06:45.160]  And under Texas Property Code Annex 51.0075C or 51.002B or some other statute, the document that this guy is trying to get us to presume
[01:06:45.160 --> 01:06:51.160]  fraudulent is provided for by state or federal law or constitutional provision.
[01:06:51.160 --> 01:06:54.160]  And therefore, we cannot make that negative finding.
[01:06:54.160 --> 01:06:56.160]  And therefore, we cannot presume this document...
[01:06:56.160 --> 01:06:57.160]  Now, wait a moment.
[01:06:57.160 --> 01:06:59.160]  That's saying that...
[01:06:59.160 --> 01:07:05.160]  In other words, it's a deed of trust or it's a substitute trustees deed or it's a warranty deed or it's something that's called
[01:07:05.160 --> 01:07:07.160]  for by the Constitution, correct?
[01:07:07.160 --> 01:07:08.160]  Yes.
[01:07:08.160 --> 01:07:20.160]  So, I can file a less pendence with absolutely no authority at all.
[01:07:20.160 --> 01:07:30.160]  And the court cannot rule that that less pendence is void because a less pendence is provided by law.
[01:07:30.160 --> 01:07:32.160]  Is that what you're saying?
[01:07:32.160 --> 01:07:39.160]  Yeah, that may be true if they can make the one positive finding and three negative findings about the document.
[01:07:39.160 --> 01:07:42.160]  Okay, three negative findings.
[01:07:42.160 --> 01:07:46.160]  They have to find that it is not a document.
[01:07:46.160 --> 01:07:53.160]  So, I can file any document that is provided by law totally without standing.
[01:07:53.160 --> 01:08:04.160]  I could go into the court or into the clerk's office and file a warranty deed on property that you hold.
[01:08:04.160 --> 01:08:14.160]  And because that property and because that document is provided for by law, the court must assume that it is valid and
[01:08:14.160 --> 01:08:24.160]  enforceable and I can take your property away from you just because I filed a document that is provided for by law.
[01:08:24.160 --> 01:08:27.160]  Well, not based just on that.
[01:08:27.160 --> 01:08:38.160]  So, this has to be or not provided by law or what?
[01:08:38.160 --> 01:08:40.160]  Provided by law, okay.
[01:08:40.160 --> 01:08:56.160]  Additionally, in order to find the subject document fraudulent, this is a quote out of number 21300110CV in January 2013.
[01:08:56.160 --> 01:09:01.160]  This is out of the Texas Court of Appeals in Fort Worth.
[01:09:01.160 --> 01:09:05.160]  It says it has to make the positive finding.
[01:09:05.160 --> 01:09:12.160]  Additionally, in order to find the subject document fraudulent, the court must also determine that the document is not one of the
[01:09:12.160 --> 01:09:15.160]  following three types of legitimate means or claims.
[01:09:15.160 --> 01:09:20.160]  A document or instrument provided for by state or federal law or constitutional provision.
[01:09:20.160 --> 01:09:28.160]  Two, created by implied or expressed consent or agreement of the obliger of debtor or the owner of real or personal property.
[01:09:28.160 --> 01:09:33.160]  Three, imposed by a court as an equitable constructive or other lien.
[01:09:33.160 --> 01:09:43.160]  Okay, so it only has to determine that it is not one of these three.
[01:09:43.160 --> 01:09:46.160]  You have to determine that it is not one of those three.
[01:09:46.160 --> 01:09:47.160]  Okay.
[01:09:47.160 --> 01:09:50.160]  So, it doesn't have to determine that it's all of those three.
[01:09:50.160 --> 01:09:56.160]  Only one of those would disqualify the document.
[01:09:56.160 --> 01:09:57.160]  And that makes sense.
[01:09:57.160 --> 01:10:00.160]  That's exactly where I read the code.
[01:10:00.160 --> 01:10:08.160]  If the court looks at it and finds that one positive reading.
[01:10:08.160 --> 01:10:11.160]  Okay, explain the positive again.
[01:10:11.160 --> 01:10:15.160]  One positive must be that.
[01:10:15.160 --> 01:10:23.160]  The positive is the court must affirmatively find that the document reports to create a lien or assert a claim against real or personal property
[01:10:23.160 --> 01:10:25.160]  or an interest in real or personal property.
[01:10:25.160 --> 01:10:32.160]  Okay, and that comports with 901C.
[01:10:32.160 --> 01:10:37.160]  So, it purports to make a claim against the property.
[01:10:37.160 --> 01:10:50.160]  However, if it purports to make a claim against the property, but it is not a document authorized by law, then it's invalid.
[01:10:50.160 --> 01:10:55.160]  What are the other two?
[01:10:55.160 --> 01:10:57.160]  The other two, negative findings?
[01:10:57.160 --> 01:10:58.160]  Yes.
[01:10:58.160 --> 01:11:05.160]  Created by implied or expressed consent or agreement of the abider debtor or the owner of real or personal property.
[01:11:05.160 --> 01:11:07.160]  Okay, that has to be or.
[01:11:07.160 --> 01:11:17.160]  If it's not a document that's authorized to be filed, something somebody made up, then that would invalidate the document.
[01:11:17.160 --> 01:11:27.160]  Or if it's not created by implied consent of someone who has authority to make claims against the property, that would disqualify the document.
[01:11:27.160 --> 01:11:29.160]  And what's the third?
[01:11:29.160 --> 01:11:47.160]  If you'll look at the Cardenas v. Wilson, that's number 01-13-00509-CV in the First District of Houston, January 14, 2014, it says, quote,
[01:11:47.160 --> 01:11:56.160]  a trial court may presume the document is fraudulent only if it makes one positive finding and three negative findings about the document, end quote.
[01:11:56.160 --> 01:12:05.160]  And so the way the courts are construing this is people are coming in, they're trying to get a document presumed fraudulent under Government Code 51.901C,
[01:12:05.160 --> 01:12:13.160]  and the courts are saying, oh, well, this document is provided for by law, but we can't presume it's fraudulent.
[01:12:13.160 --> 01:12:35.160]  Okay, so I can file, I could go and file a document in the judge's property and all I would have to do is file a quit claim deed.
[01:12:35.160 --> 01:12:50.160]  That's provided by law and claim that the judge quit claim the property to me and they can't challenge it because it is a document provided for by law,
[01:12:50.160 --> 01:12:53.160]  so they can't challenge it as fraudulent.
[01:12:53.160 --> 01:12:55.160]  You know that does not make sense.
[01:12:55.160 --> 01:12:57.160]  Well, you can challenge it on other issues.
[01:12:57.160 --> 01:13:10.160]  You can challenge it on your standing to file it to begin with and you can challenge it on the common law definition of fraud, which is very different than the Government Code 51.901C definition of fraudulent.
[01:13:10.160 --> 01:13:15.160]  Can you send me, yeah, what you're saying is there's other places I could actually charge it.
[01:13:15.160 --> 01:13:21.160]  So it has to violate all three of these.
[01:13:21.160 --> 01:13:35.160]  So it can't be, and this kind of goes with what my contention was for the institution of this particular statute,
[01:13:35.160 --> 01:13:42.160]  that it was put in to stop the Republic of Texas from filing these liens against public officials.
[01:13:42.160 --> 01:13:50.160]  The way the courts are construing it is if any one of these things pops up, they cannot presume it's fraudulent.
[01:13:50.160 --> 01:13:59.160]  I actually encased that the case where people have tried to get a document presumed fraudulent under Government Code 51.901C and the court is saying…
[01:13:59.160 --> 01:14:14.160]  That doesn't necessarily mean anything because the courts are going to do everything they can to rule in favor of the banks that invest in their reelection campaigns.
[01:14:14.160 --> 01:14:24.160]  Well, sure, but the thing is that it is standing in prevailing stare decisis and it's actually very widespread and very well settled and very deeply rooted.
[01:14:24.160 --> 01:14:33.160]  So I'm curious as to, you know, the courts, people are using this to try to get a document presumed fraudulent and the courts are saying,
[01:14:33.160 --> 01:14:39.160]  well, we find that this document is provided for by state or federal law or constitutional provision and therefore we can't presume it's fraudulent.
[01:14:39.160 --> 01:14:47.160]  Or the courts are saying, well, this document is created by and by to express agreement of the debtors and signed, you know, the document of the deed of trust or whatever.
[01:14:47.160 --> 01:14:50.160]  So therefore we can't presume it's fraudulent.
[01:14:50.160 --> 01:14:55.160]  So I'm curious as to how you're getting around that.
[01:14:55.160 --> 01:15:02.160]  That's a good point. What was the third one again? I didn't get to note.
[01:15:02.160 --> 01:15:11.160]  If the court finds any of these things, they are using it as their grounds to say we will not presume this document fraudulent.
[01:15:11.160 --> 01:15:17.160]  Okay. The first one was it's not a document provided by law.
[01:15:17.160 --> 01:15:20.160]  The second one was implied consent.
[01:15:20.160 --> 01:15:28.160]  Wait, wait. If it is a document that is provided by law, then the court says no, we are not going to presume it's fraudulent.
[01:15:28.160 --> 01:15:32.160]  Yeah. Okay. Okay. So the only way I could... Look in your sky, Brandy.
[01:15:32.160 --> 01:15:38.160]  Yeah. I could only get it tossed if it's not a document provided by law.
[01:15:38.160 --> 01:15:48.160]  So if I file any document that's provided by law, it cannot be presumed to be fraudulent.
[01:15:48.160 --> 01:15:51.160]  Correct. And the same is true...
[01:15:51.160 --> 01:15:55.160]  Under 51-901C.
[01:15:55.160 --> 01:15:59.160]  Yes. Which is, again, that's very different from the common law definition of fraud.
[01:15:59.160 --> 01:16:05.160]  But if the court finds that the document is provided for by law, they're not going to find it fraudulent.
[01:16:05.160 --> 01:16:14.160]  If they find that the document was created by implied or expressed agreement of the debtors, they're not going to find it fraudulent.
[01:16:14.160 --> 01:16:18.160]  What's the third one?
[01:16:18.160 --> 01:16:25.160]  The third one is that it's not a document imposed by court as an equitable, constructive or other way.
[01:16:25.160 --> 01:16:31.160]  Imposed by court. It's not a judgment.
[01:16:31.160 --> 01:16:35.160]  Right. So I'm curious as to how you're...
[01:16:35.160 --> 01:16:43.160]  Something's wrong here. This doesn't fit with the way law works.
[01:16:43.160 --> 01:16:48.160]  It has to be all three of these where the document's presumed to be valid.
[01:16:48.160 --> 01:16:53.160]  This does not make sense. Hang on. We're about to go to break. Rain to Kelton.
[01:16:53.160 --> 01:17:00.160]  Skidmore. Radio. I'll call that number. 512-646-1984.
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[01:19:24.160 --> 01:19:38.160]  Did I get a beep? I think I got a beep. Yes, you got a beep.
[01:19:38.160 --> 01:19:46.160]  Okay, I got a beep. We are back. For you folks who are listening, when we come on the air, we get this little beep.
[01:19:46.160 --> 01:19:55.160]  Sometimes I hear it, sometimes you don't, but this time I barely heard it. But we're back on the air. This is Randy Kelton and Steve Kidmore, Rouvla Radio.
[01:19:55.160 --> 01:20:01.160]  We kind of talked about this on the break, and it kind of begins to make sense.
[01:20:01.160 --> 01:20:18.160]  You know, I've always said that 5190123 were put in by the legislature to stop the Republic of Texas from filing claims against or liens against public officials.
[01:20:18.160 --> 01:20:39.160]  And Larry, your argument is well taken. And let me clarify. If a document is invalid, there are ways of challenging the validity of the document.
[01:20:39.160 --> 01:20:58.160]  But what you're saying is, is that 901C is not a catch-all, that 901C is very specific, only in cases where the government didn't approve this kind of document,
[01:20:58.160 --> 01:21:13.160]  and the document is not filed by implied consent, and the document is not a judgment issue by court, is that essentially correct?
[01:21:13.160 --> 01:21:25.160]  Yes, they have to make all three negative findings. And if any one of those is lacking, for example, if it's a document provided for by state law, then they can't make all three negative findings.
[01:21:25.160 --> 01:21:42.160]  Yes, under 51901C. And so that it's clear, there are other places we can make challenges to documents, but this was one that was recently passed by the legislature
[01:21:42.160 --> 01:21:58.160]  after the Republic of Texas started filing liens against public officials and they started putting together their common law courts that they made up, and their common law courts were issuing judgments against public officials,
[01:21:58.160 --> 01:22:09.160]  and then these guys would go file them with the clerks. So this was set up specifically to stop the Republic of Texas and people acting in that capacity.
[01:22:09.160 --> 01:22:18.160]  So that makes sense that we'd have to be all three of these to make the claim under this specific statute.
[01:22:18.160 --> 01:22:36.160]  So, Larry, what would be the claim if the document did not meet all three of these criteria, but was in fact not a document created by implied consent?
[01:22:36.160 --> 01:22:45.160]  Well, I mean, there are a number of ways that you could challenge it. I mean, you could challenge the agency standing in capacity of the individual who filed it.
[01:22:45.160 --> 01:22:57.160]  You could challenge it on grounds of common law fraud, which is very different from the government code definition of fraud. There are a number of other ways to challenge it.
[01:22:57.160 --> 01:23:21.160]  A fraud or fraud per se. Fraud per se is where the document has a statement in the document that is untrue. That makes it fraud per se, fraud on its face.
[01:23:21.160 --> 01:23:39.160]  Right. Right. And the reason I brought all of that up is because I've heard you talk about using the 51-901 pre-definition of fraudulent to get documents presented fraudulent or to challenge them.
[01:23:39.160 --> 01:23:45.160]  And as I started studying into that issue, I started finding that courts were just over and over and over.
[01:23:45.160 --> 01:23:55.160]  You know, when somebody uses that statute to try to challenge a document, the court says, well, this document that they're trying to challenge is provided for by state law, so we're not going to presume it's fraudulent.
[01:23:55.160 --> 01:24:03.160]  Or it's created by a breast or implied consent or agreement, so we are not going to find it fraudulent.
[01:24:03.160 --> 01:24:19.160]  Your argument is well taken. And these are the kinds of interactions I really like because they keep me from going to court and doing something really stupid.
[01:24:19.160 --> 01:24:42.160]  And we've talked about this before, but we haven't gotten into it in depth. And I do appreciate this interaction because it does make sense in this context that 51-901C was a statute passed for a very focused purpose.
[01:24:42.160 --> 01:24:54.160]  And you can't take that focused purpose and generalize it to areas for which it was not designed to apply.
[01:24:54.160 --> 01:24:56.160]  Yes.
[01:24:56.160 --> 01:25:02.160]  Now you're going to force me to go back to work and have to do more homework. Chomp.
[01:25:02.160 --> 01:25:15.160]  Well, you know, I didn't know if you'd ever actually gotten the ruling on that, and that's why I was trying to figure out – it just seems like people in the courts are just throwing those things out left and right.
[01:25:15.160 --> 01:25:23.160]  And you and I both said that they created that statute specifically for the government to use, and it was really never intended for us to use.
[01:25:23.160 --> 01:25:26.160]  Kind of like Title 18.
[01:25:26.160 --> 01:25:38.160]  Yeah, pretty much. So that was my purpose for calling in was just to see if you've ever actually gotten the ruling on that, and if so, I was kind of –
[01:25:38.160 --> 01:26:00.160]  No, I haven't. We have a bunch of documents in, and I may have to amend them based on this conversation and make the accusation under fraud per se or some other area of fraud other than 51-901.
[01:26:00.160 --> 01:26:04.160]  Okay. Well, that's really all I had.
[01:26:04.160 --> 01:26:06.160]  Okay. Thank you, Larry.
[01:26:06.160 --> 01:26:07.160]  Okay.
[01:26:07.160 --> 01:26:11.160]  You stumped the chump. You got me straight down.
[01:26:11.160 --> 01:26:13.160]  Okay. Thank you.
[01:26:13.160 --> 01:26:19.160]  Now we're going to go to Mike in Illinois. Hello, Mike. What do you have for us today?
[01:26:19.160 --> 01:26:38.160]  Oh, hi. I got a couple questions. I ran into problems with Nation Star also, but I fell into default last year on my mortgage. It was with Bank of America.
[01:26:38.160 --> 01:26:50.160]  And I got a notice from Bank of America after my first month, after I went over one month in default. I got a default notice from them.
[01:26:50.160 --> 01:26:53.160]  In one month?
[01:26:53.160 --> 01:27:15.160]  Well, it was just like a warning, but they called it a default notice. But then after I fell two months in arrears, past two months in arrears, they assigned the mortgage to Nation Star.
[01:27:15.160 --> 01:27:26.160]  And then after I fell three months in arrears, Nation Star sent me another default, but this time they accelerated the mortgage and that type of thing.
[01:27:26.160 --> 01:27:31.160]  Did you send a qualified written request to Nation Star?
[01:27:31.160 --> 01:27:36.160]  No, I didn't even know what a qualified written request was at the time.
[01:27:36.160 --> 01:27:39.160]  Okay.
[01:27:39.160 --> 01:28:03.160]  So my question is, which one is the real default? Because if Nation Star took over the mortgage after I was already two months in default, I heard that they cannot be considered a creditor or a plaintiff.
[01:28:03.160 --> 01:28:10.160]  They can only be considered a debt collector. I don't know if that's...
[01:28:10.160 --> 01:28:24.160]  Well, okay. This is kind of split in the federal circuits. About half of the federal circuits say they're not a debt collector and half say they are.
[01:28:24.160 --> 01:28:38.160]  One of the issues I would look at is Nation Star took possession of this, it took holder status when you were already in default.
[01:28:38.160 --> 01:28:49.160]  So they can't really claim you did not default on them. But that's kind of a quirky argument.
[01:28:49.160 --> 01:29:00.160]  I mean, that's an argument you can make, but it's not likely to go far. Always I go back to the same place.
[01:29:00.160 --> 01:29:12.160]  Before I go to these issues about who the servicer is or who has the right to make the claims, first thing I want to do is go back and look at the county records.
[01:29:12.160 --> 01:29:17.160]  Have you pulled all the documents that have been filed with the county recorder?
[01:29:17.160 --> 01:29:21.160]  Not all of them, but some of them, yes.
[01:29:21.160 --> 01:29:31.160]  Okay, you have to pull them all. And then lay them out and start with the security insurance.
[01:29:31.160 --> 01:29:42.160]  Who is the beneficiary on the security insurance? That's the one that has the authority to make an assignment to someone else.
[01:29:42.160 --> 01:29:48.160]  Well, that's Freddie Mac.
[01:29:48.160 --> 01:29:52.160]  The original lender? Okay, hang on, we're about to go to break.
[01:29:52.160 --> 01:30:01.160]  Randy Kelton, Gretchen Stevens, Steve Skidmore, Woodlaver Radio, Collin Nunn.
[01:30:01.160 --> 01:30:07.160]  Attention all parents, the cartoon character Spongebob Squarepants is in hot water.
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[01:33:01.160 --> 01:33:24.160]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:31.160 --> 01:33:56.160]  OK.
[01:33:56.160 --> 01:33:57.160]  We are back.
[01:33:57.160 --> 01:33:58.160]  Brandon Kelton, Steve Skidmore.
[01:33:58.160 --> 01:34:03.160]  We have the radio and we are talking to Mike in Illinois.
[01:34:03.160 --> 01:34:04.160]  And where were we, Mike?
[01:34:04.160 --> 01:34:07.160]  We were having a discussion on the break.
[01:34:07.160 --> 01:34:11.160]  I lost track of one of us.
[01:34:11.160 --> 01:34:17.160]  Well, we were talking about who is the beneficiary, I think you said.
[01:34:17.160 --> 01:34:26.160]  And Freddie Mac is supposedly the one that gets the payments from.
[01:34:26.160 --> 01:34:27.160]  OK, hold on.
[01:34:27.160 --> 01:34:33.160]  Was Freddie Mac named on the original security instrument?
[01:34:33.160 --> 01:34:39.160]  You're in Illinois, it would be the mortgage documents.
[01:34:39.160 --> 01:34:40.160]  I don't believe.
[01:34:40.160 --> 01:34:45.160]  Who originally gave you the loan?
[01:34:45.160 --> 01:34:49.160]  America's Wholesale Lenders.
[01:34:49.160 --> 01:34:53.160]  OK, how did this get to Freddie Mac?
[01:34:53.160 --> 01:34:55.160]  I don't know.
[01:34:55.160 --> 01:34:57.160]  OK.
[01:34:57.160 --> 01:35:03.160]  Can you tell how it got to Freddie Mac in the public record?
[01:35:03.160 --> 01:35:05.160]  No.
[01:35:05.160 --> 01:35:07.160]  Then it didn't get to Freddie Mac, did it?
[01:35:07.160 --> 01:35:09.160]  Exactly.
[01:35:09.160 --> 01:35:20.160]  I don't have the statute in Illinois, but in Texas we have a statute that has to be in every state.
[01:35:20.160 --> 01:35:28.160]  In order for the county registrar's office to have any purpose, this statute has to be there.
[01:35:28.160 --> 01:35:36.160]  And what it says is, it sounds like my wife is calling.
[01:35:36.160 --> 01:35:43.160]  My wife has on the ringer for my phone for her is a jackass brain.
[01:35:43.160 --> 01:35:52.160]  So they always know who's calling.
[01:35:52.160 --> 01:35:55.160]  Now I've lost my place.
[01:35:55.160 --> 01:35:57.160]  What was that, Steve?
[01:35:57.160 --> 01:36:04.160]  That's why you turned those things off before showtime.
[01:36:04.160 --> 01:36:05.160]  You know what?
[01:36:05.160 --> 01:36:08.160]  My gears have slipped too.
[01:36:08.160 --> 01:36:14.160]  Yeah, you were saying something about in Texas.
[01:36:14.160 --> 01:36:15.160]  Oh, OK.
[01:36:15.160 --> 01:36:17.160]  13.001.
[01:36:17.160 --> 01:36:18.160]  Yeah.
[01:36:18.160 --> 01:36:31.160]  In order for the county recorder's office to have any purpose, you must have this requirement.
[01:36:31.160 --> 01:36:49.160]  And what 13.001A says, that any claim not acknowledged or proven and properly filed in the county record is void as to the holder.
[01:36:49.160 --> 01:36:54.160]  So it makes no difference what claim you have.
[01:36:54.160 --> 01:37:01.160]  If you haven't properly filed it in the record where I can see it, you can't enforce it.
[01:37:01.160 --> 01:37:03.160]  Let me explain how that works.
[01:37:03.160 --> 01:37:09.160]  I have a friend here who I sold the business to, but he had the money for it.
[01:37:09.160 --> 01:37:14.160]  So he offered to give me a lien against his property.
[01:37:14.160 --> 01:37:15.160]  I said, OK.
[01:37:15.160 --> 01:37:21.160]  So I went down to the county recorder's office and I looked in the county record.
[01:37:21.160 --> 01:37:25.160]  And I found no claim against his property.
[01:37:25.160 --> 01:37:30.160]  So I said, OK, I'll take a lien against your property.
[01:37:30.160 --> 01:37:36.160]  And now we have JPMorgan Chase coming and saying, we have a claim against the property.
[01:37:36.160 --> 01:37:39.160]  And I said, wait a minute.
[01:37:39.160 --> 01:37:41.160]  I took a claim against that property.
[01:37:41.160 --> 01:37:49.160]  And before I took that claim, I looked in the record and I can see a claim that you had.
[01:37:49.160 --> 01:37:57.160]  So I invoke this claim based on what I saw in the county record.
[01:37:57.160 --> 01:38:04.160]  Now you're coming along and saying that you have a claim that supersedes mine.
[01:38:04.160 --> 01:38:14.160]  Who on earth would invest in property in the United States if they could not be sure
[01:38:14.160 --> 01:38:21.160]  that there was not a hidden claim against the property?
[01:38:21.160 --> 01:38:29.160]  We have been recording claims against property since 1635.
[01:38:29.160 --> 01:38:39.160]  The pilgrims in Plymouth started recording claims because this was so important.
[01:38:39.160 --> 01:38:43.160]  So we don't care who has a claim.
[01:38:43.160 --> 01:38:50.160]  If they have not properly filed it in the county record, it's a void as to the holder.
[01:38:50.160 --> 01:38:53.160]  They can't enforce it.
[01:38:53.160 --> 01:39:02.160]  First place you look, county record, this guy transferred it to this guy, transferred it to this guy.
[01:39:02.160 --> 01:39:07.160]  If you can't draw that direct line, if it skips over an empty space,
[01:39:07.160 --> 01:39:17.160]  like Washington Mutual files a deed of trust, five years later JP Morgan assigns a substitute trustee,
[01:39:17.160 --> 01:39:21.160]  well just how the heck did you do that, Bubba?
[01:39:21.160 --> 01:39:28.160]  There's nothing showing that you have authority to file a claim in the document effecting title.
[01:39:28.160 --> 01:39:31.160]  Does that make sense, Mike?
[01:39:31.160 --> 01:39:39.160]  Yes, that makes sense, but I may have got, it was a Maersk mortgage,
[01:39:39.160 --> 01:39:45.160]  and Freddie Mac I think holds the note, or they claim Freddie Mac is the note holder.
[01:39:45.160 --> 01:39:53.160]  Hold on, okay, Freddie Mac was not the original lender, how did it get to Freddie Mac?
[01:39:53.160 --> 01:39:56.160]  The note, I don't know.
[01:39:56.160 --> 01:40:02.160]  If you don't know, it's not available, did you look at the public record?
[01:40:02.160 --> 01:40:10.160]  Yes, I looked at the public record, but I didn't see anything where Freddie Mac was involved at all.
[01:40:10.160 --> 01:40:24.160]  Okay, if you can't see it, it's not publicly available, it's not enforceable, they cannot make this claim.
[01:40:24.160 --> 01:40:34.160]  That's the only, if that's not the case, then there is absolutely no reason to have a county registrar's office.
[01:40:34.160 --> 01:40:35.160]  Yeah, right.
[01:40:35.160 --> 01:40:38.160]  Yeah, so I'm going to take the claim against your property,
[01:40:38.160 --> 01:40:45.160]  I need to know there's no secret claims against the property hanging around out there.
[01:40:45.160 --> 01:40:53.160]  So every state has said if you have a claim against property, you have to file it in the public.
[01:40:53.160 --> 01:41:02.160]  That's why this country became the most economically powerful engine on planet Earth,
[01:41:02.160 --> 01:41:09.160]  because anybody from anywhere in the world could come to the United States and invest in property here
[01:41:09.160 --> 01:41:14.160]  and not have to worry about a secret claim coming out of the woodwork.
[01:41:14.160 --> 01:41:20.160]  If it wasn't filed in the record, they cannot adjudicate it.
[01:41:20.160 --> 01:41:25.160]  So you could buy property here with confidence.
[01:41:25.160 --> 01:41:35.160]  And a good portion of our investment came from foreign entities that felt like they could come to the United States
[01:41:35.160 --> 01:41:45.160]  and invest in property here with a certain amount of security, and they could, because we have these laws in place.
[01:41:45.160 --> 01:41:54.160]  Now we have the banks trying to dance around these laws that's been in place for 400 years.
[01:41:54.160 --> 01:42:03.160]  So first thing you do is pull out that what you see in the public record and the way I have people do it.
[01:42:03.160 --> 01:42:14.160]  Since we have all of these records going to electronic filing, I can't go down there and physically go through the record.
[01:42:14.160 --> 01:42:23.160]  They put things in electronic filing, and you can only examine the record using the methods they set up.
[01:42:23.160 --> 01:42:32.160]  So what I suggest people do is you go to the clerk and tell them that you are computer intolerant
[01:42:32.160 --> 01:42:37.160]  and you don't know anything about these new, fanciful computer things.
[01:42:37.160 --> 01:42:45.160]  But will you do a search on my property and give me a list of what you find?
[01:42:45.160 --> 01:42:50.160]  What that clerk gives you is all that is available.
[01:42:50.160 --> 01:42:54.160]  You don't care if something else is filed.
[01:42:54.160 --> 01:43:03.160]  If it's filed in a way that the clerk can't find it, you cannot be expected to find it.
[01:43:03.160 --> 01:43:10.160]  Therefore, it is not enforceable. Does that make sense?
[01:43:10.160 --> 01:43:20.160]  Yeah, sure. See, I didn't know, like I said, I didn't know Freddie Mac was the creditor
[01:43:20.160 --> 01:43:27.160]  until I get a letter from Freddie Mac just before Mason Star took over.
[01:43:27.160 --> 01:43:34.160]  So if Freddie Mac is not reflected in the county record, they can take that notice they sent to you
[01:43:34.160 --> 01:43:36.160]  and use it for toilet paper.
[01:43:36.160 --> 01:43:38.160]  Oh, really?
[01:43:38.160 --> 01:43:45.160]  Absolutely. First thing, go to the county recorder, ask the recorder to do a search of the record for you
[01:43:45.160 --> 01:43:49.160]  and get a copy of every document the county recorder finds.
[01:43:49.160 --> 01:43:52.160]  That's all you have to pay attention to.
[01:43:52.160 --> 01:43:57.160]  If there's anything else filed, it's not properly filed, and you're not responsible for it,
[01:43:57.160 --> 01:44:00.160]  you'll be right back.
[01:44:00.160 --> 01:44:04.160]  You feel tired when talking about important topics like money and politics?
[01:44:04.160 --> 01:44:08.160]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:08.160 --> 01:44:13.160]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:13.160 --> 01:44:16.160]  Hi, my name is Steve Holt, and like millions of other Americans,
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[01:45:01.160 --> 01:45:04.160]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.160 --> 01:46:49.160]  The people come down from the hill
[01:46:49.160 --> 01:46:54.160]  Okay.
[01:46:54.160 --> 01:46:55.160]  We are back.
[01:46:55.160 --> 01:46:58.160]  Randy Kelton, Steve Skidmore, Rule of Law Radio.
[01:46:58.160 --> 01:47:01.160]  And Mike, we really need to move along.
[01:47:01.160 --> 01:47:03.160]  We're in the last segment.
[01:47:03.160 --> 01:47:08.160]  And I have somebody I really need to agree on.
[01:47:08.160 --> 01:47:13.160]  So have you pretty well handled your questions?
[01:47:13.160 --> 01:47:16.160]  Well, I have one other question.
[01:47:16.160 --> 01:47:18.160]  Quickly.
[01:47:18.160 --> 01:47:25.160]  The assignment of a mortgage to Nascent Star came from my former servicer,
[01:47:25.160 --> 01:47:30.160]  which was Bank of America.
[01:47:30.160 --> 01:47:31.160]  Okay.
[01:47:31.160 --> 01:47:33.160]  I was fined a mortgage.
[01:47:33.160 --> 01:47:37.160]  I thought the assignment had to come from a creditor.
[01:47:37.160 --> 01:47:40.160]  Is there an assignment to Bank of America?
[01:47:40.160 --> 01:47:43.160]  No, from Bank of America to...
[01:47:43.160 --> 01:47:44.160]  No, no.
[01:47:44.160 --> 01:47:47.160]  Is there an assignment to Bank of America?
[01:47:47.160 --> 01:47:52.160]  You know, I didn't see an assignment to Bank of America.
[01:47:52.160 --> 01:47:54.160]  Then where the heck did they come from?
[01:47:54.160 --> 01:47:59.160]  I might as well file an assignment in there.
[01:47:59.160 --> 01:48:00.160]  Okay.
[01:48:00.160 --> 01:48:02.160]  Send me an email.
[01:48:02.160 --> 01:48:05.160]  We'll discuss this offline.
[01:48:05.160 --> 01:48:07.160]  Okay.
[01:48:07.160 --> 01:48:09.160]  Make sure you get all the documents and we can talk about it.
[01:48:09.160 --> 01:48:14.160]  I can't even talk about a foreclosure issue unless I have all of those documents.
[01:48:14.160 --> 01:48:17.160]  Those documents define everything.
[01:48:17.160 --> 01:48:20.160]  What's filed with the counter recorder defines everything.
[01:48:20.160 --> 01:48:24.160]  If you collect all the documents from the counter recorder,
[01:48:24.160 --> 01:48:29.160]  send them to me in an email and we'll talk about it.
[01:48:29.160 --> 01:48:30.160]  Great.
[01:48:30.160 --> 01:48:32.160]  I'll do that.
[01:48:32.160 --> 01:48:33.160]  Okay.
[01:48:33.160 --> 01:48:34.160]  Thank you, Mike.
[01:48:34.160 --> 01:48:35.160]  Okay.
[01:48:35.160 --> 01:48:37.160]  Now we're going to Mike.
[01:48:37.160 --> 01:48:38.160]  We were talking to Mike.
[01:48:38.160 --> 01:48:39.160]  Now we're going to talk to Mike.
[01:48:39.160 --> 01:48:41.160]  Mike in Texas.
[01:48:41.160 --> 01:48:42.160]  Oh, hey, Randy.
[01:48:42.160 --> 01:48:43.160]  What's up?
[01:48:43.160 --> 01:48:46.160]  Oh, how is it going?
[01:48:46.160 --> 01:48:47.160]  This?
[01:48:47.160 --> 01:48:48.160]  Okay.
[01:48:48.160 --> 01:48:55.160]  For everybody out there, Mike is the guy who may wind up changing everything in Texas.
[01:48:55.160 --> 01:48:57.160]  And he's got less than 10 minutes.
[01:48:57.160 --> 01:49:00.160]  And he is the last guy you want after you.
[01:49:00.160 --> 01:49:01.160]  Okay.
[01:49:01.160 --> 01:49:02.160]  Where are you at?
[01:49:02.160 --> 01:49:10.160]  Mike, he was given a Class C misdemeanor ticket for a water bottle at Bergstrom Airport in Austin.
[01:49:10.160 --> 01:49:15.160]  He fought them and then he went to the district, to the county court,
[01:49:15.160 --> 01:49:25.160]  and the sheriff's deputies there arrested him for BS as retaliation for him taking on the city.
[01:49:25.160 --> 01:49:27.160]  He took on all of them.
[01:49:27.160 --> 01:49:34.160]  He just filed a appeal, a certiorari to the Supreme Court of the U.S.
[01:49:34.160 --> 01:49:37.160]  Pick it up from there, Mike.
[01:49:37.160 --> 01:49:38.160]  Okay.
[01:49:38.160 --> 01:49:40.160]  Well, I finally got them in the mail.
[01:49:40.160 --> 01:49:44.160]  And today I got confirmation that the city has been served.
[01:49:44.160 --> 01:49:50.160]  And I'm learning a lot about postal code and how the internal workings work.
[01:49:50.160 --> 01:49:55.160]  I guess one of the things I've got a little concern over is...
[01:49:55.160 --> 01:49:56.160]  Okay.
[01:49:56.160 --> 01:49:57.160]  Hold on, Mike.
[01:49:57.160 --> 01:50:00.160]  What happened to your petition for certiorari to the Supreme?
[01:50:00.160 --> 01:50:01.160]  Well, let's see.
[01:50:01.160 --> 01:50:08.160]  There's...I sent it registered mail, and so that means that they're supposed to be signed along the way.
[01:50:08.160 --> 01:50:11.160]  Everyone who touches it, whoever has custody.
[01:50:11.160 --> 01:50:15.160]  And so I'm finding out stuff that a lot of the people in the post office don't know.
[01:50:15.160 --> 01:50:17.160]  There's an external tracking.
[01:50:17.160 --> 01:50:20.160]  There's an internal tracking for the post office.
[01:50:20.160 --> 01:50:24.160]  And then there's one below that just for registered mail.
[01:50:24.160 --> 01:50:25.160]  Okay.
[01:50:25.160 --> 01:50:26.160]  Hold on.
[01:50:26.160 --> 01:50:37.160]  The point is he sent a petition for certiorari to the Supreme Court of the United States, and it didn't get there.
[01:50:37.160 --> 01:50:42.160]  Well, so, yeah, right now it's not sure if it's getting there or not.
[01:50:42.160 --> 01:50:48.160]  But certainly the internal tracking is saying it never left off.
[01:50:48.160 --> 01:50:57.160]  However, yeah, I'm still not sure if it has left off to leave it through the registered mail track.
[01:50:57.160 --> 01:51:05.160]  And so it's getting interesting.
[01:51:05.160 --> 01:51:10.160]  You know, all these guys are quite sheepish when they are answering me.
[01:51:10.160 --> 01:51:23.160]  The different post office, one of the postal supervisors noted in the internal documents that it was disturbing that they don't have any records that it's left off.
[01:51:23.160 --> 01:51:28.160]  So that, you know, this is a very contentious case.
[01:51:28.160 --> 01:51:36.160]  They went after Mike over Class C misdemeanor, and he took them on, and he has kicked their behinds.
[01:51:36.160 --> 01:51:39.160]  And now he's taken them to the Supreme Court of the U.S.
[01:51:39.160 --> 01:51:44.160]  He sends the document through the United States mail.
[01:51:44.160 --> 01:51:48.160]  It doesn't get to the Supreme Court.
[01:51:48.160 --> 01:51:54.160]  So the question is, how did they intercept it?
[01:51:54.160 --> 01:52:08.160]  Who is able to put something in the postal services computer system to flag mail from an individual so they can intercept it?
[01:52:08.160 --> 01:52:11.160]  Well, I'm working on that.
[01:52:11.160 --> 01:52:22.160]  I don't know if I would – I think it's a little premature to go there, but that's very – it's a possibility of that.
[01:52:22.160 --> 01:52:31.160]  Well, I'm thinking with several million packages filed with the U.S. Postal Service today,
[01:52:31.160 --> 01:52:48.160]  how do they manage to block one in particular other than putting his name in a file so that when this name shows up, it throws up a red flag?
[01:52:48.160 --> 01:52:51.160]  How else would they have intercepted?
[01:52:51.160 --> 01:53:05.160]  Do you think it's perhaps a coincidence or just an unfortunate happenstance that this particular mailing did not get to where it was going?
[01:53:05.160 --> 01:53:10.160]  And of all places to the U.S. Supreme?
[01:53:10.160 --> 01:53:22.160]  Well, the only record I have of it right now is it never really left or left the post office where I dropped it off at, but never got to the main sorting area in Austin.
[01:53:22.160 --> 01:53:26.160]  Have you filed criminal charges against the postmaster?
[01:53:26.160 --> 01:53:27.160]  Not yet.
[01:53:27.160 --> 01:53:28.160]  I mean, it's a little early.
[01:53:28.160 --> 01:53:36.160]  I mean, it's got to be 15 days before it's overdue, and they have to – there's an internal tracking.
[01:53:36.160 --> 01:53:49.160]  Unfortunately, it's not electronic. They just signed for it, which – they're also supposed to scan it at that time, but it's just unclear right now of what's going on.
[01:53:49.160 --> 01:54:00.160]  Have you considered filing a petition for mandamus to the Supreme, asking them to order the post office to forward this to them?
[01:54:00.160 --> 01:54:11.160]  Well, I'm going to wait before it's overdue, so it'll – that'll probably be probably Friday or Monday next week.
[01:54:11.160 --> 01:54:13.160]  Why do you have to wait?
[01:54:13.160 --> 01:54:15.160]  The following week.
[01:54:15.160 --> 01:54:31.160]  No, the mandamus is just a – that raises the red flag for the Supreme. They're going to get this, and you're going to say, I filed this timely, and it hasn't left Austin.
[01:54:31.160 --> 01:54:38.160]  Please order them to send it to you, and they're going to say, well, you know, the time hasn't run, blah, blah, blah.
[01:54:38.160 --> 01:54:50.160]  They're going to call Austin and say, what's the deal, guys? I've got somebody trying to get me to order you to send me this document. Why are you standing on it? It's all about politics.
[01:54:50.160 --> 01:55:00.160]  Well, that's what I plan on doing next week. I've got all the documentation together to show that I served everybody, and so that'll probably arrive before the main package arrives.
[01:55:00.160 --> 01:55:12.160]  So that, you know, should be at least alert them that something is coming, and at least they'll have me forewarned of, you know, what my next action would be.
[01:55:12.160 --> 01:55:20.160]  Okay. I am – you are – your sound is pretty poor now.
[01:55:20.160 --> 01:55:25.160]  I'm sorry. Here, let me – I apologize.
[01:55:25.160 --> 01:55:26.160]  Oh, that's better.
[01:55:26.160 --> 01:55:28.160]  Much better. Yeah, whatever you did is much better.
[01:55:28.160 --> 01:55:30.160]  Okay. I apologize.
[01:55:30.160 --> 01:55:32.160]  That's fine.
[01:55:32.160 --> 01:55:33.160]  It's all your fault.
[01:55:33.160 --> 01:55:36.160]  Where is the physical location of this court?
[01:55:36.160 --> 01:55:38.160]  Washington.
[01:55:38.160 --> 01:55:41.160]  Supreme Court of the United States, Washington, D.C.
[01:55:41.160 --> 01:55:52.160]  D.C., okay. Is it something that's already filed, or can you have it served on them physically by courier?
[01:55:52.160 --> 01:55:58.160]  Yeah, that was my next suggestion, and we talked about it earlier.
[01:55:58.160 --> 01:56:11.160]  Kind of involved. You know, it would take at least another week just to manufacture it. It would take, you know, quite a bit of time to put all the, you know, answer paperwork together, too, that goes with that.
[01:56:11.160 --> 01:56:12.160]  Right.
[01:56:12.160 --> 01:56:22.160]  So, it's not something that needs to be filed, you know, in the – even if it's all printed, it's all created.
[01:56:22.160 --> 01:56:30.160]  As long as you keep turning the crank, as long as you keep making the inquiries, that should pretty well protect you.
[01:56:30.160 --> 01:56:44.160]  For those of you who don't know, these – he couldn't get the city to respond to his appeal. They have – the courts have done everything they can to block Mike.
[01:56:44.160 --> 01:56:47.160]  They just didn't realize they got hold of the wrong guy.
[01:56:47.160 --> 01:56:48.160]  That is –
[01:56:48.160 --> 01:56:58.160]  And especially good because you get a guy that you don't expect to crawl all over you, and Mike is exactly that guy. He could change everything.
[01:56:58.160 --> 01:57:08.160]  Well, that is one of the things I put in by certiorari is called a call for response, and that's when the other party hasn't ruled – hasn't filed one piece of paper opposing.
[01:57:08.160 --> 01:57:16.160]  And yet somehow the courts, which are supposed to be in partial rule against them, you know, there's only one person filing and they're being ruled against.
[01:57:16.160 --> 01:57:23.160]  And so, supposedly the Supreme Court takes great issue with that because it obviously shows partiality.
[01:57:23.160 --> 01:57:32.160]  So that's one of my arguments, one I am submitting is going to be called a call for response.
[01:57:32.160 --> 01:57:40.160]  Randy, in the matter of a week, Mike's been audited by the IRS.
[01:57:40.160 --> 01:57:42.160]  Wait, I couldn't understand you, Mary.
[01:57:42.160 --> 01:57:44.160]  That's okay.
[01:57:44.160 --> 01:57:51.160]  Okay. That was Ms. Mary in the background. She has been of great help.
[01:57:51.160 --> 01:57:58.160]  Mike is – he stayed after these guys. No matter what they did, he's come back after them.
[01:57:58.160 --> 01:58:03.160]  And now he's going to the Supreme Court and they're trying to block him from getting to the Supreme Court.
[01:58:03.160 --> 01:58:18.160]  And it's been my experience, the guys who never quit, no matter what they do, the guys who wind up doing big time in the end, it could well be that Mike is the guy who changes everything.
[01:58:18.160 --> 01:58:24.160]  And I'm sorry, Mike, we are out of time. I'd hoped I'd get to you earlier.
[01:58:24.160 --> 01:58:28.160]  But I didn't and I apologize for that.
[01:58:28.160 --> 01:58:34.160]  Thank you for calling in and whatever you do, don't stop.
[01:58:34.160 --> 01:58:37.160]  You can make everything better for all of us.
[01:58:37.160 --> 01:58:39.160]  Thank you all for listening.
[01:58:39.160 --> 01:58:48.160]  This is Randall Charlton and Steve Skidmore with a little radio. We will be back next Thursday with our regular Thursday show.
[01:58:48.160 --> 01:59:10.160]  Thank you for listening. Goodbye.
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