[00:00.000 --> 00:08.520]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:08.520 --> 00:09.520]  at thelibertybeat.com.
[00:09.520 --> 00:15.240]  I'm Brian Hagan with your Liberty Beat for Friday, August 8th, 2014.
[00:15.240 --> 00:24.760]  Gold opened today at $1,307, silver opened at $19.84, and Bitcoin is trading around $588.30.
[00:24.760 --> 00:29.160]  Support for the Liberty Beat comes from Roberts & Roberts Brokerage, Inc., specializing in
[00:29.160 --> 00:38.440]  precious metals since 1977, online at rrbi.co or by phone at 800-874-9760.
[00:38.440 --> 00:43.840]  In the news, the Austin City Council has approved a $1.25 million settlement for the family
[00:43.840 --> 00:49.320]  of Larry Eugene Jackson, the African American man killed last year by Austin police detective
[00:49.320 --> 00:50.800]  Charles Kleinart.
[00:50.800 --> 00:55.480]  Larry Eugene was unarmed and chased down by Detective Kleinart after approaching a bag
[00:55.480 --> 00:58.160]  where police were investigating an attempted robbery.
[00:58.160 --> 01:02.400]  Larry left the scene after police began questioning him and a chase ensued.
[01:02.400 --> 01:07.000]  Larry was never lawfully detained and was not a suspect in the bank incident.
[01:07.000 --> 01:11.600]  The council voted 6-1 for the settlement, with only Mayor Lee Levingwell casting a no
[01:11.600 --> 01:12.600]  vote.
[01:12.600 --> 01:17.120]  According to the Austin American statesman, Thursday's settlement was the largest of its
[01:17.120 --> 01:22.280]  kind in Austin history.
[01:22.280 --> 01:28.040]  On Saturday, tomorrow, at Brave New Books in Austin, join the Alliance of Austin Agarists
[01:28.040 --> 01:33.680]  as they host Catherine Bleich, Justin and Jessica Armon, and Tracy Ward, four Central
[01:33.680 --> 01:39.200]  Texas residents who have had relative success enterprising in agarist ventures.
[01:39.200 --> 01:44.820]  Join the community from 6-10 o'clock for an open discussion on what it takes to find freedom.
[01:44.820 --> 01:50.720]  The event will also feature an agarist farmers market.
[01:50.720 --> 01:55.600]  The Central Texas Healthy Mothers Healthy Babies Coalition will host a screening of
[01:55.600 --> 02:01.640]  the Milky Way movie tomorrow, Saturday, August 9, at the Alamo Drafthouse located on Slaughter
[02:01.640 --> 02:02.840]  Lane.
[02:02.840 --> 02:07.440]  The movie is all about breastfeeding culture and breastfeeding history in the United States.
[02:07.440 --> 02:11.620]  The screening will be followed by a panel discussion and an opportunity to ask questions
[02:11.620 --> 02:14.640]  about the movie and breastfeeding in general.
[02:14.640 --> 02:18.880]  Tickets include lunch and giveee purchase on drafthouse.com.
[02:18.880 --> 02:20.480]  The screening begins at 1 p.m.
[02:20.480 --> 02:22.080]  Children are welcome to attend.
[02:22.080 --> 02:25.200]  To learn more, visit keepaustinbreastfeeding.org.
[02:25.200 --> 02:29.400]  Support for Liberty Week comes from Brave New Books, your local source for all things
[02:29.400 --> 02:30.400]  bitcoin.
[02:30.400 --> 02:35.840]  Now hosting a bitcoin ATM, located in Austin, Texas, at 1904 Guadalupe Street, or online
[02:35.840 --> 02:37.840]  bravenewbookstore.com.
[02:37.840 --> 02:41.920]  And support comes from the notorious activist Michael Cargill, who has a new show called
[02:41.920 --> 02:48.200]  Come and Talk It, live Sunday afternoons at 4 o'clock on 1370 a.m. in Austin, at 1370
[02:48.200 --> 02:50.300]  a.m. Sundays at 4.
[02:50.300 --> 02:54.400]  This is the Liberty Week for Friday, August 8, 2014.
[02:54.400 --> 02:57.400]  Check out the website at thelibertyweek.com.
[03:25.400 --> 03:26.400]  Okay, howdy, howdy.
[03:26.400 --> 03:30.400]  This is Randy Felton, Steve Spiveymore with the Radio.
[03:30.400 --> 03:32.400]  Good evening folks.
[03:32.400 --> 03:42.400]  On this Friday, August 8, 2014, we're on the backside of another year and heading downhill
[03:42.400 --> 03:43.400]  fast.
[03:43.400 --> 03:44.400]  Just barely.
[03:44.400 --> 03:49.400]  It doesn't seem like it can already be August.
[03:49.400 --> 03:54.400]  I think we've had a time warp and we missed May and June.
[03:54.400 --> 03:58.400]  You must not get out much, Randy.
[03:58.400 --> 04:04.400]  If you got out more often, you'd realize it was August, because it's 100 and God knows
[04:04.400 --> 04:06.400]  and who cares how hot out there.
[04:06.400 --> 04:11.400]  I was changing belts on a riding lawnmower today.
[04:11.400 --> 04:14.400]  Lucky you.
[04:14.400 --> 04:20.400]  About 1 o'clock I gave up, too fat and old for this stuff.
[04:20.400 --> 04:22.400]  Okay, tonight.
[04:22.400 --> 04:24.400]  And ugly.
[04:24.400 --> 04:28.400]  I wanted to talk about short sale.
[04:28.400 --> 04:42.400]  I came across a very informative website out of Georgia and it's a non-profit site.
[04:42.400 --> 04:46.400]  It's called Operation Restoration.
[04:46.400 --> 04:53.400]  Apparently, behind the site, they do have some paid for services, which is, as far as
[04:53.400 --> 04:56.400]  I'm concerned, a perfectly fine thing to do.
[04:56.400 --> 05:04.400]  I was putting up freemortagehelp.net as a totally free site, but then I do offer some
[05:04.400 --> 05:08.400]  services beyond the freedom and free site and they seem to do the same thing.
[05:08.400 --> 05:19.400]  But they had addressed the loan modification and short sale issue in a level of detail
[05:19.400 --> 05:22.400]  I haven't seen before.
[05:22.400 --> 05:29.400]  And for anyone interested in the mortgage issue, this is something to know about.
[05:29.400 --> 05:37.400]  One of the things that struck me in looking through this was if you get an offer to
[05:37.400 --> 05:45.400]  purchase, a bonafide verifiable offer to purchase, that will stop a foreclosure.
[05:45.400 --> 05:49.400]  Now, I didn't get a chance to look in more deeply to see just how it stopped the
[05:49.400 --> 05:57.400]  foreclosure, whether it statutorily stopped it or equitably stopped it, but that was
[05:57.400 --> 06:00.400]  an interesting approach.
[06:00.400 --> 06:05.400]  So anyway, I wanted to talk about short sales.
[06:05.400 --> 06:10.400]  Steve, have you ever done anything with short sales?
[06:10.400 --> 06:12.400]  I haven't worked with any short sales.
[06:12.400 --> 06:22.400]  Some of our clients, through both the law firm and various investigation companies
[06:22.400 --> 06:27.400]  that I've worked for, some of the clients have been trying to negotiate a short sale.
[06:27.400 --> 06:31.400]  We had a client come to us once that that's all he wanted was to negotiate.
[06:31.400 --> 06:32.400]  He wanted out.
[06:32.400 --> 06:35.400]  He was tired of the bank situation.
[06:35.400 --> 06:39.400]  The economy had already gone to hell.
[06:39.400 --> 06:40.400]  He wanted out.
[06:40.400 --> 06:44.400]  He was living way beyond his means, and he wanted out.
[06:44.400 --> 06:56.400]  So the bank said that they would accept a short sale, but they weren't offering
[06:56.400 --> 07:02.400]  enough to make it attractive enough for him to take the hit on his credit report.
[07:02.400 --> 07:09.400]  If you think that a short sale doesn't reflect on your credit report, think again.
[07:09.400 --> 07:17.400]  Unless you can short sale it enough to zero out.
[07:17.400 --> 07:18.400]  Right.
[07:18.400 --> 07:21.400]  And there, if you can...
[07:21.400 --> 07:23.400]  And what this is saying is...
[07:23.400 --> 07:25.400]  Yeah, that was just it.
[07:25.400 --> 07:32.400]  The bank would, I think, as best my memory can recall, the bank would let the guys sell
[07:32.400 --> 07:40.400]  the house short of what he owed them, but not short enough that there wouldn't be a deficiency.
[07:40.400 --> 07:43.400]  So he'd be out of the house and still owe them money.
[07:43.400 --> 07:45.400]  And they would still...
[07:45.400 --> 07:46.400]  Yeah.
[07:46.400 --> 07:49.400]  He didn't like that idea, and I can't blame him.
[07:49.400 --> 07:50.400]  Yeah.
[07:50.400 --> 07:54.400]  So what he needed then was a good claim against the lender.
[07:54.400 --> 07:55.400]  Right.
[07:55.400 --> 07:56.400]  To give the lender...
[07:56.400 --> 07:57.400]  Leverage.
[07:57.400 --> 07:58.400]  Yeah.
[07:58.400 --> 07:59.400]  It's all about the money.
[07:59.400 --> 08:00.400]  He needed leverage.
[08:00.400 --> 08:01.400]  Yeah.
[08:01.400 --> 08:07.400]  In the end, everything's about the money, and a nice lawsuit where they do the dollars
[08:07.400 --> 08:08.400]  and cents.
[08:08.400 --> 08:10.400]  This is going to cost us this much.
[08:10.400 --> 08:14.400]  We're going to go through all this trouble, blah, blah, blah.
[08:14.400 --> 08:17.400]  That's how you get the leverage then.
[08:17.400 --> 08:21.400]  You might be able to pry the bank into a short sale.
[08:21.400 --> 08:24.400]  I'm going to go through some of these steps.
[08:24.400 --> 08:29.400]  Some of this stuff is really interesting, things I had never heard of or even thought
[08:29.400 --> 08:30.400]  about.
[08:30.400 --> 08:36.400]  But then again, I've never researched short sales either, so there's a lot more that I
[08:36.400 --> 08:42.400]  haven't thought or read about or thought about than I have.
[08:42.400 --> 08:46.400]  Let's first define what a short sale is.
[08:46.400 --> 08:51.400]  Just generally, a short sale is an alternative to foreclosure.
[08:51.400 --> 08:53.400]  That's generally.
[08:53.400 --> 08:54.400]  Randy?
[08:54.400 --> 08:55.400]  Yes.
[08:55.400 --> 09:03.400]  Generally before foreclosure, and it is where you sell the property for less than what is
[09:03.400 --> 09:12.400]  owed against it and ask the bank to accept this as a payoff, this shorted amount as a
[09:12.400 --> 09:15.400]  payoff.
[09:15.400 --> 09:25.400]  The government is encouraging the banks to liberally construe their contracts so as to
[09:25.400 --> 09:27.400]  prevent foreclosure.
[09:27.400 --> 09:35.400]  While they're not directly instructing the banks to accept a short sale, they are pressuring
[09:35.400 --> 09:39.400]  them to.
[09:39.400 --> 09:42.400]  The whole thing is getting out from under the property.
[09:42.400 --> 09:49.400]  A short sale is most viable for someone who is underwater in that they owe more than the
[09:49.400 --> 09:52.400]  property is worth.
[09:52.400 --> 09:55.400]  The bank is going to lose in any case.
[09:55.400 --> 10:01.400]  If they foreclose, they're going to sell the property at a steep discount, generally 30%
[10:01.400 --> 10:03.400]  off fair market value.
[10:03.400 --> 10:09.400]  Fair market value is already below what they have in the property, so it deepens their
[10:09.400 --> 10:10.400]  loss.
[10:10.400 --> 10:12.400]  Can I pause you right there?
[10:12.400 --> 10:13.400]  Absolutely.
[10:13.400 --> 10:21.400]  There is another agenda in the secondary securities markets in the derivatives.
[10:21.400 --> 10:27.400]  The banks benefit far, far more by you defaulting or by a homeowner.
[10:27.400 --> 10:28.400]  Excuse me.
[10:28.400 --> 10:33.400]  I didn't mean to point out anybody, but by a homeowner defaulting on their note because
[10:33.400 --> 10:41.400]  they're going to make multiple times the face value of the note when they go collect their
[10:41.400 --> 10:45.400]  credit default swaps in the derivatives markets.
[10:45.400 --> 10:54.400]  The incentive is there to put people in bad loans so that they will default within three
[10:54.400 --> 10:55.400]  to five years.
[10:55.400 --> 11:03.400]  Why do you think these arm mortgages, these adjustable rate mortgages, mature or adjust
[11:03.400 --> 11:04.400]  in three years?
[11:04.400 --> 11:09.400]  Because that's when your TILA and RESPA statute limitations run out.
[11:09.400 --> 11:14.400]  By the time your ox gets gored, you think, oh, hey, look, you broke the law.
[11:14.400 --> 11:20.400]  Yeah, well, it's too late to complain by the conventional means.
[11:20.400 --> 11:25.400]  Right, it's too late to exercise the remedy provided by the legislature.
[11:25.400 --> 11:26.400]  Right.
[11:26.400 --> 11:33.400]  And I think the legislature very deliberately shortened the time limitations in order to
[11:33.400 --> 11:41.400]  give the semblance of granting you a remedy when in fact they granted you nothing.
[11:41.400 --> 11:42.400]  Right.
[11:42.400 --> 11:51.400]  But there's definitely an incentive in the derivatives markets for the bank to a, well,
[11:51.400 --> 11:56.400]  okay, let me differentiate the bank from the mortgage servicer.
[11:56.400 --> 12:02.400]  The mortgage servicer is the party to whom you send your mortgage payments to.
[12:02.400 --> 12:06.400]  Now, the mortgage servicer is going to promise you and promise you and promise you to work
[12:06.400 --> 12:09.400]  something out through a modification.
[12:09.400 --> 12:16.400]  Generally, I've seen people have to apply and reapply and reapply and reapply anywhere
[12:16.400 --> 12:19.400]  from three to nine times.
[12:19.400 --> 12:21.400]  Oh, we didn't get that piece of paper.
[12:21.400 --> 12:23.400]  Oh, we didn't do this.
[12:23.400 --> 12:31.400]  You didn't dot this I or you didn't cross that T. You think, Mr. or Ms. Homeowner, you
[12:31.400 --> 12:34.400]  think that they, oh, that one's no good.
[12:34.400 --> 12:35.400]  They threw it away.
[12:35.400 --> 12:43.400]  No, they submitted it and they got paid to submit it handsomely.
[12:43.400 --> 12:53.400]  The president in his hemp program offered an incentive to the bank to offer you a modification,
[12:53.400 --> 12:59.400]  not to give you one, but to offer, but to spending $2,000 and $3,000.
[12:59.400 --> 13:06.400]  So every time you send them a new stack of paperwork, they file another offer to modify
[13:06.400 --> 13:09.400]  and they collect another $2,000 or $3,000.
[13:09.400 --> 13:11.400]  At least.
[13:11.400 --> 13:13.400]  But you're tax money.
[13:13.400 --> 13:14.400]  Right.
[13:14.400 --> 13:20.400]  This goes on and on until they've played that hand out and then they foreclose.
[13:20.400 --> 13:24.400]  And when they foreclose, they cash in their derivatives.
[13:24.400 --> 13:28.400]  So they're getting you coming and going on both sides.
[13:28.400 --> 13:37.400]  So the reason I wanted to bring this up and point out the incentive for the bank to put
[13:37.400 --> 13:43.400]  you in a bad loan and a loan knowing that you can't afford it, especially in three years,
[13:43.400 --> 13:48.400]  if they're lucky enough to con you into one of those adjustable rate mortgages or a balloon
[13:48.400 --> 13:54.400]  note, they'll generally tell you at the closing table, oh, you can just refinance.
[13:54.400 --> 13:56.400]  You can refinance it.
[13:56.400 --> 13:57.400]  Really?
[13:57.400 --> 14:00.400]  You can't see your crystal ball because in three years, the economy is going to go to
[14:00.400 --> 14:01.400]  hell.
[14:01.400 --> 14:04.400]  And in our case, it did.
[14:04.400 --> 14:08.400]  But yeah, you weren't eligible in three years to refi.
[14:08.400 --> 14:14.400]  And in three years, it will become apparent that you were engaged in a loan you could
[14:14.400 --> 14:15.400]  not pay.
[14:15.400 --> 14:16.400]  Right.
[14:16.400 --> 14:22.400]  So they can be pretty confident that your credit is going to be in less than great shape
[14:22.400 --> 14:24.400]  by the time you get there.
[14:24.400 --> 14:26.400]  Oh, without a doubt.
[14:26.400 --> 14:33.400]  And since we're off on this tangent, why don't we just move on ahead into loan modification?
[14:33.400 --> 14:39.400]  I have a good section here on loan modification as well.
[14:39.400 --> 14:42.400]  And we could do short sale next time.
[14:42.400 --> 14:44.400]  Loan modification will kind of set up.
[14:44.400 --> 14:46.400]  Well, we can go back to short sales.
[14:46.400 --> 14:54.400]  But yeah, they're both being an alternative to foreclosure, modification or short sale.
[14:54.400 --> 14:59.400]  But when you say modification, the first thing that comes to my mind is, is the person or
[14:59.400 --> 15:07.400]  is the party I'm asking to modify, do they have the authority to modify?
[15:07.400 --> 15:09.400]  Do they have the authority?
[15:09.400 --> 15:12.400]  Because authority has got to come from the principal, not the agent.
[15:12.400 --> 15:13.400]  Yeah.
[15:13.400 --> 15:23.400]  So if they have sold the, if they've factored the note, sold the right to be paid to somebody
[15:23.400 --> 15:33.400]  else, can they agree to be paid less for somebody else?
[15:33.400 --> 15:39.400]  Well, if they go to the principal and get his permission, then yeah.
[15:39.400 --> 15:42.400]  But wouldn't you think there'd be something in writing?
[15:42.400 --> 15:50.400]  And would you be entitled, if it is in writing, would you be entitled to it in discovery?
[15:50.400 --> 15:51.400]  Exactly.
[15:51.400 --> 15:59.400]  And would you also be entitled to it under the Federal Procedures Act?
[15:59.400 --> 16:04.400]  They're supposed to notify you of any change in principal interest, which they don't.
[16:04.400 --> 16:05.400]  Right.
[16:05.400 --> 16:12.400]  And so they could if they actually knew who the holder was and there is question as to
[16:12.400 --> 16:16.400]  whether they have that knowledge or not.
[16:16.400 --> 16:24.400]  And a quick thing about modification, you do all of this song and dance and seltzer
[16:24.400 --> 16:38.400]  down your pants to, with the banker to determine if you qualify for loan modification.
[16:38.400 --> 16:43.400]  Well, it ain't rocket science and we'll talk about that when we get back.
[16:43.400 --> 16:49.400]  But there's two calculations really, really simple that will tell you real fast if you
[16:49.400 --> 16:51.400]  qualify or not.
[16:51.400 --> 16:54.400]  This is Brent Kelton, Steve Skidmore, Wheelbarrow Radio.
[16:54.400 --> 17:00.400]  We'll be right back.
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[19:57.400 --> 20:00.400]  Okay.
[20:00.400 --> 20:01.400]  We are back.
[20:01.400 --> 20:04.400]  Randy Helton is giving you RuleOfLawRadio.
[20:04.400 --> 20:09.400]  And there are two things that when I went through the loan modification part, I was
[20:09.400 --> 20:15.400]  struck by the first two considerations.
[20:15.400 --> 20:27.400]  If you divide your loan payment by your total income, does your loan payment exceed 31%
[20:27.400 --> 20:29.400]  of your gross income?
[20:29.400 --> 20:33.400]  If it doesn't, you do not apply, period.
[20:33.400 --> 20:34.400]  I'm sorry.
[20:34.400 --> 20:37.400]  You do not qualify, period.
[20:37.400 --> 20:45.400]  Then take your total debt service and divide that by your total income.
[20:45.400 --> 20:55.400]  If you do not owe more than 55% of your total income in total debt, you do not qualify
[20:55.400 --> 20:57.400]  for a loan modification.
[20:57.400 --> 20:59.400]  This is not rocket science.
[20:59.400 --> 21:03.400]  It does not take long to make these calculations.
[21:03.400 --> 21:11.400]  And in talking to a friend of mine who used to work for Bank of America doing loan modifications,
[21:11.400 --> 21:18.400]  and he helps people with modifications, he says you have to fall within a $200 income
[21:18.400 --> 21:21.400]  range or you won't qualify.
[21:21.400 --> 21:25.400]  He can tell you if you qualify in about 30 seconds.
[21:25.400 --> 21:30.400]  So if you went for a loan modification and they keep dancing around, dancing around,
[21:30.400 --> 21:33.400]  oh, you didn't have this document, you didn't have that document, they don't need all that
[21:33.400 --> 21:34.400]  documents.
[21:34.400 --> 21:39.400]  A couple calculations will tell if you qualify or don't qualify, period.
[21:39.400 --> 21:45.400]  But remember, like we said in the last segment, there's incentive, built-in incentive.
[21:45.400 --> 21:46.400]  Exactly.
[21:46.400 --> 21:49.400]  They want to steal your tax dollars.
[21:49.400 --> 21:50.400]  Exactly.
[21:50.400 --> 21:53.400]  Randy and I were talking about this over the break.
[21:53.400 --> 21:59.400]  I kind of consider this an unconscionable act because without your knowledge and without
[21:59.400 --> 22:08.400]  disclosure to you, they're collecting money for every modification application that they
[22:08.400 --> 22:11.400]  submit to the federal government.
[22:11.400 --> 22:16.400]  I think they should be limited to one.
[22:16.400 --> 22:21.400]  Any others that they submit, non-gratis.
[22:21.400 --> 22:29.400]  If it's connected with the same property or the same loan, you're allowed to get paid
[22:29.400 --> 22:30.400]  one time.
[22:30.400 --> 22:35.400]  I don't care if you submit 30 applications, you're only getting paid once, Charlie.
[22:35.400 --> 22:41.400]  If they submit a second application, that should be criminally prosecuted.
[22:41.400 --> 22:48.400]  Yeah, because they're literally stealing money from the taxpayers and very, very few people
[22:48.400 --> 22:49.400]  know about it.
[22:49.400 --> 22:59.400]  What do you want to bet are the people who are the, I say people, the entities that are
[22:59.400 --> 23:01.400]  paying the banks the money?
[23:01.400 --> 23:02.400]  They know it.
[23:02.400 --> 23:04.400]  What do you want to bet?
[23:04.400 --> 23:05.400]  Oh, yeah.
[23:05.400 --> 23:12.400]  The banks have the money and they bought and paid for your legislators.
[23:12.400 --> 23:13.400]  Yeah.
[23:13.400 --> 23:19.400]  I just heard a public radio story about a judge in Ohio.
[23:19.400 --> 23:30.400]  The Supreme Court in Ohio ruled on an abortion issue and Ohio was very far right.
[23:30.400 --> 23:39.400]  They said that under the law, all of them ruled unanimously this way and they were all
[23:39.400 --> 23:44.400]  told, if you do this, you will not get reelected.
[23:44.400 --> 23:47.400]  They didn't get reelected.
[23:47.400 --> 23:53.400]  The judge was saying, this is a problem, that he talked to another judge at a conference
[23:53.400 --> 24:02.400]  and the judge told him, I looked at the issue and you were absolutely right, but I could
[24:02.400 --> 24:08.400]  never have given that ruling or I wouldn't have gotten elected again.
[24:08.400 --> 24:10.400]  That is the reality.
[24:10.400 --> 24:16.400]  The banks have the money and that gives them the influence over the judges and the courts
[24:16.400 --> 24:17.400]  and your legislators.
[24:17.400 --> 24:22.400]  If your legislator wants to get elected, he's going to need the bank's money to do it.
[24:22.400 --> 24:27.400]  So who's he going to primarily be working for?
[24:27.400 --> 24:33.400]  The problem, the way to fix the problem is to understand the problem and know how to
[24:33.400 --> 24:35.400]  fight back.
[24:35.400 --> 24:39.400]  And our call board is getting absolutely full.
[24:39.400 --> 24:41.400]  It is stacking up.
[24:41.400 --> 24:48.400]  So how about we go to calls and if we get time at the end, we'll go back to Quiet Title
[24:48.400 --> 24:52.400]  and I'm building this up in the Free Mortgage Help webpage.
[24:52.400 --> 24:57.400]  If you go through there and find the section on Quiet Title, Quiet Title, you will find
[24:57.400 --> 25:01.400]  this very interesting.
[25:01.400 --> 25:09.400]  Okay, with that said, we're going to go to Yaja in New York.
[25:09.400 --> 25:10.400]  Hello, Ms. Yaja.
[25:10.400 --> 25:12.400]  Hi.
[25:12.400 --> 25:15.400]  How are you doing?
[25:15.400 --> 25:17.400]  Yaja is doing great.
[25:17.400 --> 25:18.400]  Okay.
[25:18.400 --> 25:23.400]  I wasn't sure if the J was, the J is not silent.
[25:23.400 --> 25:24.400]  No, it's not silent.
[25:24.400 --> 25:26.400]  I'm not Latino.
[25:26.400 --> 25:31.400]  If you're out there listening, I'm looking at J-A-H-J-A-H.
[25:31.400 --> 25:32.400]  I wasn't sure how to pronounce that.
[25:32.400 --> 25:36.400]  Yaja, not a Z or J.
[25:36.400 --> 25:37.400]  Okay.
[25:37.400 --> 25:38.400]  Yeah.
[25:38.400 --> 25:42.400]  So you've got an issue with a copyright infringement.
[25:42.400 --> 25:44.400]  You've been, you've called in a few times.
[25:44.400 --> 25:47.400]  You're still fighting this thing, huh?
[25:47.400 --> 25:48.400]  Yeah.
[25:48.400 --> 25:52.400]  Well, there was one major one, which I am dealing with the district attorney straight.
[25:52.400 --> 25:54.400]  This one I actually filed.
[25:54.400 --> 25:57.400]  This is against the not-for-profit.
[25:57.400 --> 26:01.400]  And finally, they were served by the marshals.
[26:01.400 --> 26:05.400]  And I received a letter from their law firm two days ago.
[26:05.400 --> 26:14.400]  And the lawyer was saying that, misquoting my last two cases, saying one that I, you know,
[26:14.400 --> 26:21.400]  dismissed with prejudice, which was without, and the other one, I was personally appealing
[26:21.400 --> 26:24.400]  one of the judge's decisions.
[26:24.400 --> 26:28.400]  And I carried on with three other appeals, and some things were remanded.
[26:28.400 --> 26:30.400]  But he was bringing up that last case.
[26:30.400 --> 26:32.400]  And in the Second Circuit, he was saying that it was frivolous.
[26:32.400 --> 26:35.400]  But originally, one of the judges said it was frivolous.
[26:35.400 --> 26:37.400]  But then the Second Circuit reversed that.
[26:37.400 --> 26:44.400]  So he's trying to use that in a letter to threaten me, to scare me for legal, for sanctions,
[26:44.400 --> 26:46.400]  as well as, you know, legal fees.
[26:46.400 --> 26:51.400]  Like, I'm like, I'm afraid of, haha, I'm doing it in Port Baris as well.
[26:51.400 --> 26:55.400]  So, you know, I spoke, I wrote a letter to Randy yesterday.
[26:55.400 --> 27:02.400]  And he's had some fantastic suggestions to check the American Bar Association's model.
[27:02.400 --> 27:06.400]  And I did check the model standards.
[27:06.400 --> 27:13.400]  And I was looking over the, what breaches of the standards he potentially violated.
[27:13.400 --> 27:18.400]  Have you gotten to 303 yet?
[27:18.400 --> 27:20.400]  Yeah, well, 303.
[27:20.400 --> 27:21.400]  Hold on.
[27:21.400 --> 27:22.400]  I have a question.
[27:22.400 --> 27:28.400]  I tell people when they read these things that it will read like a comic book,
[27:28.400 --> 27:31.400]  because you'll be laughing and giggly.
[27:31.400 --> 27:34.400]  Did you find that the case?
[27:34.400 --> 27:35.400]  Exactly.
[27:35.400 --> 27:39.400]  I mean, just reading, just going back and reading on his letter to me,
[27:39.400 --> 27:44.400]  he is incurring ad hominem, I think, and also he's coercion.
[27:44.400 --> 27:47.400]  It's coercion and misrepresentation.
[27:47.400 --> 27:54.400]  And just in the letter alone, Randy, he's misrepresenting my last cases using an ad hominem approach
[27:54.400 --> 28:00.400]  and saying he's going to create an emeritus claim against me.
[28:00.400 --> 28:03.400]  And then he's harassing me.
[28:03.400 --> 28:04.400]  I mean, in a way.
[28:04.400 --> 28:05.400]  I mean, I don't know.
[28:05.400 --> 28:08.400]  He's not harassing you.
[28:08.400 --> 28:11.400]  He's doing his job.
[28:11.400 --> 28:12.400]  Okay.
[28:12.400 --> 28:13.400]  Okay.
[28:13.400 --> 28:16.400]  He's not getting paid to make friends with you.
[28:16.400 --> 28:20.400]  He's your adversary.
[28:20.400 --> 28:25.400]  We operate in adversarial courts with adversarial pleadings.
[28:25.400 --> 28:30.400]  He is your adversary, not your advocate.
[28:30.400 --> 28:32.400]  Okay.
[28:32.400 --> 28:44.400]  But if he annoys you and makes accusations of intent to take an action that he cannot take
[28:44.400 --> 28:51.400]  or doesn't have the intention of taking, he can certainly be bargaining for it.
[28:51.400 --> 28:59.400]  Yeah, chances are you're going to get that typical letter back that the bar reviewed your complaint
[28:59.400 --> 29:03.400]  and they don't find anything, any wrongdoing by the attorney.
[29:03.400 --> 29:04.400]  Yeah.
[29:04.400 --> 29:06.400]  That's a given.
[29:06.400 --> 29:08.400]  When you get that letter, you think that's it.
[29:08.400 --> 29:09.400]  That's the end of it.
[29:09.400 --> 29:11.400]  Oh, no, it's not.
[29:11.400 --> 29:17.400]  You're going to keep him tied up with the bar for at least three to five months.
[29:17.400 --> 29:20.400]  Easy.
[29:20.400 --> 29:23.400]  Because he's got to write letters to the bar.
[29:23.400 --> 29:25.400]  He's got to go into detail.
[29:25.400 --> 29:32.400]  He's got to prove to the bar that he did not do what he was accused of.
[29:32.400 --> 29:35.400]  So it's not that, you know, you think it's over with.
[29:35.400 --> 29:36.400]  It's not.
[29:36.400 --> 29:38.400]  I hear the music in the background, folks.
[29:38.400 --> 29:40.400]  Stay there, Zaja.
[29:40.400 --> 29:43.400]  I'm sorry, pronounce your name again.
[29:43.400 --> 29:45.400]  Zaja.
[29:45.400 --> 29:46.400]  Okay, stay there, Zaja.
[29:46.400 --> 29:48.400]  We'll be right back after this short break.
[29:48.400 --> 29:50.400]  Stay tuned.
[29:50.400 --> 30:02.400]  We're there.
[30:02.400 --> 30:06.400]  A string of burglaries in Torrance, California had the police scratching their heads
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[30:28.400 --> 30:32.400]  Say no to surveillance and keep your information to yourself.
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[31:08.400 --> 31:13.400]  When the staff went home, she'd raid the cash boxes, netting over 17 grand.
[31:13.400 --> 31:18.400]  At her sentencing, she told detectives she wouldn't do all this nonsense if the government gave us more money.
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[32:10.400 --> 32:13.400]  then we're going to have to stand and defend our own rights.
[32:13.400 --> 32:17.400]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
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[33:25.400 --> 33:52.400]  Okay.
[33:52.400 --> 34:01.400]  Okay, we are back. We're in the Kelton, St. Kittmore, and Rule of Law Radio, we're talking to Ja-Ja in New York.
[34:01.400 --> 34:03.400]  Okay, Ja-Ja, where were we?
[34:03.400 --> 34:12.400]  We were at Winging 3-3, candor toward the tribunal, and you discussed the potential of using emeritus,
[34:12.400 --> 34:18.400]  some kind of a grievance violation and what violation and how to potentially set him up, you know,
[34:18.400 --> 34:24.400]  because he asked for me to call him and you suggested to tape him, which is not a problem, I can do that.
[34:24.400 --> 34:33.400]  I'm wondering where it says a lawyer shall not knowingly make a false statement of fact or law to a tribunal or fault
[34:33.400 --> 34:40.400]  to correct a false statement of material fact or law previously made by the tribunal by the lawyer,
[34:40.400 --> 34:52.400]  by the lawyer, and I'm just wondering if it's by him making these coercive letters that he's attempting to incur sanctions upon me.
[34:52.400 --> 35:01.400]  No, no, no, candor toward the tribunal is what you and I as laypeople call lying to the court.
[35:01.400 --> 35:09.400]  But keep in mind, it is legally impossible for a lawyer to lie in court.
[35:09.400 --> 35:16.400]  We the people, we laypeople, a common man, we lie to one another in our private lives.
[35:16.400 --> 35:26.400]  But what an attorney does in open court or in his pleadings is he makes misrepresentations of material fact.
[35:26.400 --> 35:28.400]  Write that down.
[35:28.400 --> 35:29.400]  Okay.
[35:29.400 --> 35:34.400]  Misrepresentations of material fact.
[35:34.400 --> 35:35.400]  Got it.
[35:35.400 --> 35:41.400]  That's what the court calls it when a lawyer lies, okay?
[35:41.400 --> 35:47.400]  But it is literally, it is impossible for an attorney to lie.
[35:47.400 --> 35:53.400]  Instead, what they do is they misrepresent a material fact.
[35:53.400 --> 36:05.400]  If a lawyer makes, knowingly makes a misrepresentation of a material fact and it be in his testimony or, I don't want to say testimony,
[36:05.400 --> 36:13.400]  if it be spoken in open court or in his pleadings, then what you call that is aggravated perjury.
[36:13.400 --> 36:19.400]  And in most states, that's a felony.
[36:19.400 --> 36:20.400]  Okay.
[36:20.400 --> 36:26.400]  And my research shows it to be the most under prosecuted crime.
[36:26.400 --> 36:30.400]  Absolutely.
[36:30.400 --> 36:32.400]  I can agree.
[36:32.400 --> 36:45.400]  I was thinking about what Steve said about this being an adversarial situation, but it's also a civil action.
[36:45.400 --> 36:51.400]  And both parties have a duty to be civil.
[36:51.400 --> 36:57.400]  Making unwarranted or unfounded threats is hardly civil.
[36:57.400 --> 37:11.400]  And I have no doubt if you look carefully in the American Bar Association model standards, you'll find that it addresses not being civil.
[37:11.400 --> 37:15.400]  I think, yes, it does. I read that.
[37:15.400 --> 37:16.400]  Good.
[37:16.400 --> 37:27.400]  And it's really, these lawyers are not going to act appropriately if somebody doesn't give them a reason to.
[37:27.400 --> 37:38.400]  If they can do this kind of stuff and if he can run roughshod over you and frighten and intimidate you into dropping this case, great.
[37:38.400 --> 37:41.400]  Acquiescence or whatever.
[37:41.400 --> 37:44.400]  The guy's playing poker here.
[37:44.400 --> 37:50.400]  What you do when you call his hand and raise the bet.
[37:50.400 --> 37:56.400]  Okay, bubba, you do that to me and I'll barb-reduce you for malpractice.
[37:56.400 --> 37:59.400]  Now that mask is on a different face.
[37:59.400 --> 38:02.400]  And he'll say, well, you lose the malpractice suit.
[38:02.400 --> 38:05.400]  Who cares?
[38:05.400 --> 38:08.400]  Let's dance, bubba.
[38:08.400 --> 38:12.400]  That'll put us, you know, one grievance against him.
[38:12.400 --> 38:31.400]  And what I'm leaning toward in dealing with people, and I'm sure Steve will agree with this, it is in our nature to object directly to wrongs perpetrated against us.
[38:31.400 --> 38:37.400]  And in court that doesn't work very well.
[38:37.400 --> 38:45.400]  If the lawyer does something improper and I jump up and down and wail in righteous indignation, it doesn't work well.
[38:45.400 --> 38:57.400]  We had Jeff from Mississippi talk about how that did not work for him well in court at all yesterday when he lost his cool in court.
[38:57.400 --> 39:04.400]  It's better to use the bushwhack technique.
[39:04.400 --> 39:13.400]  Never ask a public official or a lawyer to do anything, a lawyer on the other side, to do anything you actually want him to do.
[39:13.400 --> 39:20.400]  Ask him to do something that you can sting him for not doing.
[39:20.400 --> 39:23.400]  Don't tell him you're going to sting him.
[39:23.400 --> 39:29.400]  Don't tell him you're going to file a grievance against him or a malpractice suit or a judicial conduct complaint against the judge.
[39:29.400 --> 39:44.400]  Any time you try to give these people fair warning, they will construe that as a threat and use it against you to just file it.
[39:44.400 --> 39:55.400]  And when they find out that you're setting them up so you can do that, they'll get real careful and they'll stop doing this nonsense.
[39:55.400 --> 40:00.400]  They'll stop having those problems and maybe we can get back to a fair adjudication of a case.
[40:00.400 --> 40:04.400]  So what have you got against him, Jaja?
[40:04.400 --> 40:14.400]  Well, I mean, I have his unwarranted, unfounded threats, I mean, that he's using my last case, he's misrepresenting my last case.
[40:14.400 --> 40:16.400]  He has no reason to bring that up.
[40:16.400 --> 40:18.400]  Isn't that ad hominem as well?
[40:18.400 --> 40:19.400]  Okay, wait a minute.
[40:19.400 --> 40:29.400]  Do you have a transcript of the case that he is citing, of your case that he is citing?
[40:29.400 --> 40:31.400]  I have, I know my case.
[40:31.400 --> 40:32.400]  Yes, I have transcripts.
[40:32.400 --> 40:34.400]  I know you know your case.
[40:34.400 --> 40:41.400]  Do you have a transcript, a written transcript purchased from the court reporter?
[40:41.400 --> 40:43.400]  I have several of them.
[40:43.400 --> 40:44.400]  Yeah.
[40:44.400 --> 40:45.400]  Okay.
[40:45.400 --> 40:47.400]  I'm talking about, we're on the right track.
[40:47.400 --> 40:57.400]  I'm talking about the specific one in which he is gathering his misrepresentation of material fact.
[40:57.400 --> 40:59.400]  Well, we haven't determined a material fact yet.
[40:59.400 --> 41:01.400]  That's what I'm going to.
[41:01.400 --> 41:12.400]  Coming back to the misrepresentation of material fact, if you have a transcript of what he is misquoting and you can prove that he is misquoting it,
[41:12.400 --> 41:18.400]  would that not be, he's saying that you said that's a material fact, okay?
[41:18.400 --> 41:32.400]  If he misrepresented that material fact, would that be evidence that he went against his pledge to uphold and abide by the model rules?
[41:32.400 --> 41:36.400]  I would assume so, you know, if I bring it up.
[41:36.400 --> 41:37.400]  There you go, baby.
[41:37.400 --> 41:39.400]  You want to play hardball?
[41:39.400 --> 41:40.400]  Play hardball.
[41:40.400 --> 41:42.400]  Also, if he.
[41:42.400 --> 41:44.400]  I'm up to bat first.
[41:44.400 --> 41:52.400]  If he misrepresented the truth to you, and this is how, from what I heard you say, he did.
[41:52.400 --> 41:58.400]  He said that a judge ruled that your suit was frivolous.
[41:58.400 --> 42:01.400]  That was true.
[42:01.400 --> 42:06.400]  But another judge subsequently ruled that it was not.
[42:06.400 --> 42:08.400]  And he said nothing about that.
[42:08.400 --> 42:09.400]  Right.
[42:09.400 --> 42:10.400]  He lied by omission.
[42:10.400 --> 42:11.400]  Right.
[42:11.400 --> 42:12.400]  Exactly.
[42:12.400 --> 42:17.400]  And that is as much a lie as a direct misstatement.
[42:17.400 --> 42:28.400]  So you start taking apart on the details, and he's likely to gather up his professionalism.
[42:28.400 --> 42:32.400]  Besides, you'll have a lot of fun.
[42:32.400 --> 42:33.400]  Yeah, totally.
[42:33.400 --> 42:40.400]  I mean, because he also miscited the first case, and he said that I withdrew with prejudice, and that's not true.
[42:40.400 --> 42:43.400]  It was withdrawn without prejudice completely.
[42:43.400 --> 42:45.400]  The judge had already seen something.
[42:45.400 --> 42:49.400]  We just didn't have evidence at that time because I had a weak lawyer, and that was all.
[42:49.400 --> 42:50.400]  That's all it was.
[42:50.400 --> 42:51.400]  Okay.
[42:51.400 --> 42:58.400]  Then that ruling, his misrepresentation of that material fact goes against him as well.
[42:58.400 --> 43:02.400]  And you got the ruling.
[43:02.400 --> 43:06.400]  Where was it that he made these misrepresentations?
[43:06.400 --> 43:15.400]  Was it in oral form before the court, or was it in his pleadings?
[43:15.400 --> 43:18.400]  I think this was in a letter to you, wasn't it?
[43:18.400 --> 43:21.400]  Yeah, this is a personal letter that he sent to me.
[43:21.400 --> 43:24.400]  Okay, so then you've got it on his letterhead.
[43:24.400 --> 43:26.400]  Exactly.
[43:26.400 --> 43:28.400]  With his signature.
[43:28.400 --> 43:30.400]  It's there.
[43:30.400 --> 43:36.400]  Sometimes lawyers will send you the best evidence against them.
[43:36.400 --> 43:39.400]  You guys are great.
[43:39.400 --> 43:40.400]  Hang on.
[43:40.400 --> 43:42.400]  We're about to go to break.
[43:42.400 --> 43:44.400]  You ought to send him a thank you letter.
[43:44.400 --> 43:45.400]  Yeah.
[43:45.400 --> 43:46.400]  This is Randy Kelton.
[43:46.400 --> 43:48.400]  Write any time.
[43:48.400 --> 43:50.400]  It's the Rule of Law Radio.
[43:50.400 --> 43:54.400]  I'll call it number 512-646-1984.
[43:54.400 --> 44:02.400]  If he's right, thank you.
[44:02.400 --> 44:03.400]  Hello.
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[44:47.400 --> 45:01.400]  That's naturespureorganics.com.
[45:01.400 --> 45:04.400]  Are you the plaintiff or defendant in a lawsuit?
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[45:52.400 --> 46:14.400]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:14.400 --> 46:41.400]  Okay, we are back.
[46:41.400 --> 46:43.400]  Randy Kelton, Steve Skidmore.
[46:43.400 --> 46:44.400]  Rule of Law Radio.
[46:44.400 --> 46:50.400]  And before we go back to Ja-Ja, we have a new phone system,
[46:50.400 --> 46:52.400]  and we can only take so many calls.
[46:52.400 --> 46:57.400]  The boards are full right now, so if you call in and you're unable to get through,
[46:57.400 --> 47:01.400]  you might try back when we finish with one call and go to the next.
[47:01.400 --> 47:07.400]  That will clear up a slot on the boards, and then you should be able to get through.
[47:07.400 --> 47:14.400]  Okay, Ja-Ja, are you having fun yet?
[47:14.400 --> 47:16.400]  Oh, yeah, this is a blast.
[47:16.400 --> 47:17.400]  You guys are a trip.
[47:17.400 --> 47:22.400]  And, you know, I just was wondering if you think I should still reel him in even further
[47:22.400 --> 47:28.400]  with his, with a phone call, as you suggested, potentially, you know, Skype call him.
[47:28.400 --> 47:31.400]  Okay, Steve, this is what I suggested to Ja-Ja.
[47:31.400 --> 47:32.400]  Okay.
[47:32.400 --> 47:33.400]  Just for yucks.
[47:33.400 --> 47:37.400]  The guy wants to play hardball, let's introduce him to hardball.
[47:37.400 --> 47:40.400]  I suggested that she read through the codes,
[47:40.400 --> 47:43.400]  through the American Bar Association model standards,
[47:43.400 --> 47:45.400]  and look at those things.
[47:45.400 --> 47:46.400]  A couple of times.
[47:46.400 --> 47:47.400]  Yeah, twice.
[47:47.400 --> 47:49.400]  Yeah, twice is perfect.
[47:49.400 --> 47:58.400]  You read through it once, and you don't recognize how they all stitch together.
[47:58.400 --> 48:03.400]  If you just cruise through it one time, and I told you just to read up to four,
[48:03.400 --> 48:09.400]  because after four, it goes to lawyers dealing with other, with their law firms,
[48:09.400 --> 48:12.400]  and selling law firms, and all kinds of stuff.
[48:12.400 --> 48:15.400]  One through four is the only ones you really care about.
[48:15.400 --> 48:16.400]  Just read through them.
[48:16.400 --> 48:19.400]  And you go back to the top and read through them again.
[48:19.400 --> 48:24.400]  And when you read them the second time, these pieces will start stitching together.
[48:24.400 --> 48:26.400]  And then call the lawyer.
[48:26.400 --> 48:31.400]  He wanted his letter, ask her to call, so call the lawyers.
[48:31.400 --> 48:34.400]  But don't tell him you got it recorded.
[48:34.400 --> 48:42.400]  And see how many violations you can lead him into.
[48:42.400 --> 48:45.400]  I once had my car towed, and I went to get it back.
[48:45.400 --> 48:47.400]  Going on a fishing expedition.
[48:47.400 --> 48:51.400]  Yeah, and they had ripped the whole front end out.
[48:51.400 --> 48:52.400]  Oh, boy.
[48:52.400 --> 48:56.400]  I pulled up, but I finally, they were really ugly with me,
[48:56.400 --> 48:59.400]  so I was younger and a little more petulant.
[48:59.400 --> 49:02.400]  And I pulled up to the gate, and it opened toward me.
[49:02.400 --> 49:04.400]  So he said, you're going to have to back up so I can let you out.
[49:04.400 --> 49:08.400]  Okay, so I start backing up as he's opening the gate,
[49:08.400 --> 49:13.400]  and backed right into this guy's, the owner's new Cadillac sitting there,
[49:13.400 --> 49:19.400]  and his quarter panel crunch, and hooked it in gear and pulled out.
[49:19.400 --> 49:24.400]  And I know private property, so they can't call the police and make that kind of claim.
[49:24.400 --> 49:30.400]  And then I parked in front of their gate and called the police.
[49:30.400 --> 49:37.400]  And I waited for the police to come, and they sent a security guard out there.
[49:37.400 --> 49:43.400]  And just as the police turned the corner onto the street,
[49:43.400 --> 49:46.400]  I sent this security guard over the edge.
[49:46.400 --> 49:51.400]  He whipped out his billy club and chased me around the car
[49:51.400 --> 49:54.400]  with the police coming down the street.
[49:54.400 --> 49:56.400]  Oh, that was glorious.
[49:56.400 --> 49:57.400]  Don't kill me.
[49:57.400 --> 50:02.400]  Don't kill me.
[50:02.400 --> 50:05.400]  This is kind of what you want to do to him.
[50:05.400 --> 50:08.400]  Exactly, really just pull a rug from underneath him
[50:08.400 --> 50:12.400]  and have him running down the street naked.
[50:12.400 --> 50:16.400]  One more thing about a grievance.
[50:16.400 --> 50:22.400]  If he brings this up in court, you move for mistrial immediately.
[50:22.400 --> 50:25.400]  And move for sanctions against him.
[50:25.400 --> 50:31.400]  When you file a grievance against him, he's forbidden to talk to you about it.
[50:31.400 --> 50:33.400]  And that's as it should be.
[50:33.400 --> 50:38.400]  The lawyer who calls you, who sends you a threatening letter, and you grieve him,
[50:38.400 --> 50:44.400]  should not be able to recontact you and potentially threaten you some more.
[50:44.400 --> 50:50.400]  So when you file a grievance against a lawyer, they're forbidden to talk to you about it.
[50:50.400 --> 50:59.400]  And the bar says, this is between me and you and her and us, not you and her.
[50:59.400 --> 51:02.400]  We'll adjudicate this, so don't talk to her.
[51:02.400 --> 51:11.400]  The lawyer brings up a grievance in court, he gives motion for sanctions and motion for mistrial.
[51:11.400 --> 51:15.400]  Now, you probably won't get either one of them,
[51:15.400 --> 51:21.400]  but it'll sure jerk a knot in the lawyer's shorts.
[51:21.400 --> 51:27.400]  And he gets another bar grievance for bringing it up in court, for bringing it up anywhere.
[51:27.400 --> 51:29.400]  This is a good thing.
[51:29.400 --> 51:33.400]  When you file a bar grievance, it's like you both come into the courtroom
[51:33.400 --> 51:36.400]  and you get behind your respective tables.
[51:36.400 --> 51:42.400]  And before the court starts, you walk over and kick that lawyer white square in his behind
[51:42.400 --> 51:44.400]  and then walk back over to your table.
[51:44.400 --> 51:50.400]  And he's got to stand there and act like you didn't do it.
[51:50.400 --> 51:54.400]  They need to find out they don't have all the leverage.
[51:54.400 --> 51:59.400]  And it's all about just common civility.
[51:59.400 --> 52:03.400]  They tend to treat other lawyers with civility,
[52:03.400 --> 52:11.400]  and we need to teach them to treat, of course, the litigants with civility.
[52:11.400 --> 52:16.400]  I don't think they call it civility when they show it amongst themselves.
[52:16.400 --> 52:23.400]  That's what they call it, professional courtesy.
[52:23.400 --> 52:28.400]  But they don't treat one another with indignity.
[52:28.400 --> 52:33.400]  And that's the thing I take the most offense to.
[52:33.400 --> 52:37.400]  I don't care what you do. If you're going to do something, do it.
[52:37.400 --> 52:42.400]  If you want to give me an opportunity to mitigate what you're about to do,
[52:42.400 --> 52:46.400]  then that's great, but do it with dignity.
[52:46.400 --> 52:54.400]  If you want to be less than civil, I have remedies.
[52:54.400 --> 52:58.400]  I am, after all, the master in this court.
[52:58.400 --> 53:01.400]  The court is the servant, not me.
[53:01.400 --> 53:03.400]  And we need to remind them of that.
[53:03.400 --> 53:08.400]  If we get them reminded of that, a lot of these problems that we've been having
[53:08.400 --> 53:12.400]  will simply just go away with their own court.
[53:12.400 --> 53:18.400]  And what you're doing is probably the most powerful thing we can do in that direction,
[53:18.400 --> 53:27.400]  because I'm sure this lawyer doesn't expect little Jojo to land on him like a ton of bricks.
[53:27.400 --> 53:35.400]  And if he does say anything about the grievances, you might just tell him,
[53:35.400 --> 53:42.400]  I just wanted to welcome you to the deep end of the pool.
[53:42.400 --> 53:47.400]  I handed a judge his first day in office.
[53:47.400 --> 53:51.400]  The judge, before he retired, he gets appointed, county judge.
[53:51.400 --> 53:55.400]  He's shearing a habeas corpus, a big one that I wrote.
[53:55.400 --> 53:57.400]  And the litigant kept asking me questions.
[53:57.400 --> 53:59.400]  And the judge said, fine. I said, who is this?
[53:59.400 --> 54:02.400]  Oh, that's the guy that wrote the habeas.
[54:02.400 --> 54:04.400]  Then the hearing's over and I went up to the judge and I said,
[54:04.400 --> 54:06.400]  Your Honor, I have something I'd like you to look at.
[54:06.400 --> 54:08.400]  And he said, well, sure.
[54:08.400 --> 54:14.400]  And I hand him a stack of criminal complaints against the judge across the hall.
[54:14.400 --> 54:17.400]  Well, Mr. Kelton, these are criminal complaints.
[54:17.400 --> 54:20.400]  I said, yes, Your Honor. As a matter of fact, they are.
[54:20.400 --> 54:25.400]  He looked up and said, Mr. Kelton, you know this is my first day in office.
[54:25.400 --> 54:27.400]  I said, yes, Your Honor, I do.
[54:27.400 --> 54:33.400]  I just wanted to welcome you to the deep end of the pool.
[54:33.400 --> 54:36.400]  And to his credit, he saw the humor in that.
[54:36.400 --> 54:41.400]  But then I told him that I had not signed or had been verified.
[54:41.400 --> 54:47.400]  So I really was just asking him to review them and was not putting him on this dime.
[54:47.400 --> 54:51.400]  And he greatly appreciated that.
[54:51.400 --> 54:55.400]  But here you're introducing the lawyer to the deep end of the pool.
[54:55.400 --> 54:57.400]  If these guys wanted to settle with me,
[54:57.400 --> 55:00.400]  then they would definitely have said so in the letter, right?
[55:00.400 --> 55:03.400]  I mean, it was because they wanted to just try to intimidate me.
[55:03.400 --> 55:04.400]  Right.
[55:04.400 --> 55:05.400]  Yeah.
[55:05.400 --> 55:14.400]  It was apparently for no other purpose than to try to scare you into dropping the case.
[55:14.400 --> 55:22.400]  In the preamble to the Model Rules of Professional Conduct for the American Bar Association,
[55:22.400 --> 55:27.400]  in the preamble, Section 5 reads as follows.
[55:27.400 --> 55:37.400]  A lawyer's conduct should conform to the requirements of the law,
[55:37.400 --> 55:46.400]  both in professional service to clients and in the lawyer's business and personal affairs.
[55:46.400 --> 55:58.400]  A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others.
[55:58.400 --> 56:01.400]  First one.
[56:01.400 --> 56:02.400]  Oh, wow.
[56:02.400 --> 56:05.400]  Perfect.
[56:05.400 --> 56:07.400]  Beautiful.
[56:07.400 --> 56:12.400]  And so I spoke to the court clerks today, and they said to me to write a letter to the judge.
[56:12.400 --> 56:15.400]  What do you think about that, writing a letter to the judge?
[56:15.400 --> 56:17.400]  I don't understand that, writing a letter.
[56:17.400 --> 56:18.400]  No, I wouldn't.
[56:18.400 --> 56:19.400]  I wouldn't.
[56:19.400 --> 56:29.400]  That would be the same as the lawyer mentioning the bar grievance in the courtroom.
[56:29.400 --> 56:32.400]  It would be the equivalent.
[56:32.400 --> 56:35.400]  These clerks don't know what they're talking about.
[56:35.400 --> 56:40.400]  That would tend to...
[56:40.400 --> 56:43.400]  Well, first off, it's next part A, communication.
[56:43.400 --> 56:45.400]  Yeah.
[56:45.400 --> 56:49.400]  And it's intended to render the judge impartial.
[56:49.400 --> 56:50.400]  Right.
[56:50.400 --> 56:53.400]  And the judge would consider that improper.
[56:53.400 --> 56:59.400]  Just like him mentioning the bar grievance in court, it's absolutely improper.
[56:59.400 --> 57:08.400]  But he's a lawyer, so the judge is not going to sting him unless you immediately ask for a mistrial
[57:08.400 --> 57:11.400]  and then ask for sanctions against that lawyer.
[57:11.400 --> 57:14.400]  And that'll get the judge's attention.
[57:14.400 --> 57:21.400]  And he will most likely not give you the sanctions or the mistrial, certainly not the mistrial.
[57:21.400 --> 57:23.400]  But he will also...
[57:23.400 --> 57:30.400]  I would dare say that this attorney would probably be far more courteous to you in the future.
[57:30.400 --> 57:40.400]  What Harmon Taylor said about a judge doing that in the federal court, that he tore a button off his shirt.
[57:40.400 --> 57:45.400]  The judge is likely to tear a button off of all your shirt.
[57:45.400 --> 57:47.400]  Wow.
[57:47.400 --> 57:51.400]  Yeah, especially if you could trap him that bad, you know, in a few things.
[57:51.400 --> 57:58.400]  If you can get him shouting at you on the phone, oh, that would be glorious.
[57:58.400 --> 58:02.400]  Oh, yeah, really, okay, I can try to do that, you know.
[58:02.400 --> 58:04.400]  I'm a rapper, you know.
[58:04.400 --> 58:10.400]  I can just throw him in a couple of cities and get him standing on some thorns and I don't know.
[58:10.400 --> 58:12.400]  Like a Mexican junkie.
[58:12.400 --> 58:15.400]  The main thing is enjoy yourself.
[58:15.400 --> 58:20.400]  Okay, we have a whole rack of callers, so is there anything else?
[58:20.400 --> 58:24.400]  No, I just wanted to thank you guys and appreciate your help.
[58:24.400 --> 58:26.400]  You're quite welcome.
[58:26.400 --> 58:28.400]  That's what we're here for.
[58:28.400 --> 58:30.400]  It's the purpose of this four hours every Friday night.
[58:30.400 --> 58:35.400]  Yeah, getting people to do exactly what you're doing, that's why we're here.
[58:35.400 --> 58:36.400]  Okay.
[58:36.400 --> 58:37.400]  Thank you, Ja Ja.
[58:37.400 --> 58:38.400]  I'm a good example.
[58:38.400 --> 58:39.400]  Bless you guys.
[58:39.400 --> 58:40.400]  Good.
[58:40.400 --> 58:42.400]  This is Randy Kelton, Steve Skidmore, Wheel of Life Radio.
[58:42.400 --> 58:45.400]  I call it number 512-646-1984.
[58:45.400 --> 58:50.400]  We'll be right back.
[58:50.400 --> 58:54.400]  Would you like to make more definite progress in your walk with God?
[58:54.400 --> 59:01.400]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.400 --> 59:06.400]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.400 --> 59:13.400]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.400 --> 59:18.400]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.400 --> 59:27.400]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation growing in Christ and how to build up the church.
[59:27.400 --> 59:33.400]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.400 --> 59:50.400]  call Bibles for America toll free at 888-551-0102. That's 888-551-0102 or visit us online at bfa.org.
[59:50.400 --> 01:00:02.400]  Live, free speech radio, logosradionetwork.com.
[01:00:02.400 --> 01:00:07.400]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[01:00:07.400 --> 01:00:14.400]  Online at thelibertybeat.com. I'm Brian Hagan with your Liberty Beat for Friday, August 8th, 2014.
[01:00:14.400 --> 01:00:23.400]  Gold opened today at $1,307. Silver opened at $19.84 and Bitcoin is trading around $588.30.
[01:00:23.400 --> 01:00:31.400]  Support for the Liberty Beat comes from Roberts & Roberts Brokerage, Inc. specializing in precious metals since 1977.
[01:00:31.400 --> 01:00:37.400]  Online at rrbi.co or by phone at 800-874-9760.
[01:00:37.400 --> 01:00:45.400]  In the news, the Austin City Council has approved a $1.25 million settlement for the family of Larry Eugene Jackson,
[01:00:45.400 --> 01:00:50.400]  the African American man killed last year by Austin Police Detective Charles Kleinart.
[01:00:50.400 --> 01:00:57.400]  Larry Eugene was unarmed and chased down by Detective Kleinart after approaching a bank where police were investigating an attempted robbery.
[01:00:57.400 --> 01:01:01.400]  Larry left the scene after police began questioning him and a chase ensued.
[01:01:01.400 --> 01:01:06.400]  Larry was never lawfully detained and was not a suspect in the bank incident.
[01:01:06.400 --> 01:01:12.400]  The council voted 6-1 for the settlement with only Mayor Lee Leffingwell casting a no vote.
[01:01:12.400 --> 01:01:21.400]  According to the Austin American Statesman, Thursday's settlement was the largest of its kind in Austin history.
[01:01:21.400 --> 01:01:29.400]  On Saturday, tomorrow at Brave New Books in Austin, join the Alliance of Austin Agarists as they host Catherine Bleich,
[01:01:29.400 --> 01:01:38.400]  Justin and Jessica Armon and Tracy Ward, four Central Texas residents who have had relative success enterprising in agarist ventures.
[01:01:38.400 --> 01:01:44.400]  Join the community from 6 until 10 o'clock for an open discussion on what it takes to find freedom.
[01:01:44.400 --> 01:01:50.400]  The event will also feature an agarist farmers market.
[01:01:50.400 --> 01:01:59.400]  The Central Texas Healthy Mothers Healthy Babies Coalition will host a screening of the Milky Way movie tomorrow, Saturday, August 9,
[01:01:59.400 --> 01:02:02.400]  at the Alamo Drafthouse located on Slaughter Lane.
[01:02:02.400 --> 01:02:07.400]  The movie is all about breastfeeding culture and breastfeeding history in the United States.
[01:02:07.400 --> 01:02:14.400]  The screening will be followed by a panel discussion and an opportunity to ask questions about the movie and breastfeeding in general.
[01:02:14.400 --> 01:02:18.400]  Tickets include lunch and can be purchased on drafthouse.com.
[01:02:18.400 --> 01:02:21.400]  The screening begins at 1 p.m. Children are welcome to attend.
[01:02:21.400 --> 01:02:24.400]  To learn more, visit keepaustinbreastfeeding.org.
[01:02:24.400 --> 01:02:29.400]  Support for Liberty Week comes from Brave New Books, your local source for all things Bitcoin.
[01:02:29.400 --> 01:02:37.400]  Now hosting a Bitcoin ATM, located in Austin, Texas at 1904 Guadalupe Street or online, bravenewbooksstore.com.
[01:02:37.400 --> 01:02:42.400]  And support comes from the notorious activist Michael Cargill, who has a new show called Come and Talk It,
[01:02:42.400 --> 01:02:46.400]  live Sunday afternoons at 4 o'clock on 1370 a.m. in Austin.
[01:02:46.400 --> 01:02:49.400]  At 1370 a.m. Sundays at 4.
[01:02:49.400 --> 01:02:53.400]  This is the Liberty Week for Friday, August 8, 2014.
[01:02:53.400 --> 01:03:17.400]  Check out the website at thelibertyweek.com.
[01:03:23.400 --> 01:03:42.400]  Okay, we are back.
[01:03:42.400 --> 01:03:44.400]  We're in the Celtics in Skidmore.
[01:03:44.400 --> 01:03:46.400]  We're on radio.
[01:03:46.400 --> 01:03:53.400]  And we're going to go to Chris in Pennsylvania.
[01:03:53.400 --> 01:03:54.400]  Hello, Mr. Chris.
[01:03:54.400 --> 01:03:55.400]  Hello, Randy.
[01:03:55.400 --> 01:03:58.400]  We have an update for you.
[01:03:58.400 --> 01:04:00.400]  Oh, I do.
[01:04:00.400 --> 01:04:04.400]  I have an interesting, we got our discovery back.
[01:04:04.400 --> 01:04:09.400]  They actually asked for another 30 days and my lawyer said no.
[01:04:09.400 --> 01:04:18.400]  And so they rushed us some answers to his interrogatories and they claimed that all of his questions were too vague
[01:04:18.400 --> 01:04:23.400]  and that it would cost the bank money to research them.
[01:04:23.400 --> 01:04:26.400]  Oh, life is tough.
[01:04:26.400 --> 01:04:35.400]  That's the point of discovery is to be onerous.
[01:04:35.400 --> 01:04:36.400]  Yeah, I thought that was interesting.
[01:04:36.400 --> 01:04:46.400]  But then again, you know, he never, he didn't send anything in with any paperwork or examples of why he was asking for that.
[01:04:46.400 --> 01:04:51.400]  He made some vague statements as to was this loan ever securitized.
[01:04:51.400 --> 01:04:55.400]  And those were kind of the questions that he never, you know.
[01:04:55.400 --> 01:04:57.400]  This is your attorney?
[01:04:57.400 --> 01:05:00.400]  Yeah, this is my attorney.
[01:05:00.400 --> 01:05:10.400]  Then he doesn't know anything about the issues of securitization and he really needs to brush up on the UCC bad.
[01:05:10.400 --> 01:05:12.400]  Yeah.
[01:05:12.400 --> 01:05:19.400]  I wanted to ask you guys a question about Mer's assignment.
[01:05:19.400 --> 01:05:23.400]  I just, we had a, I have an issue that kind of running in my head.
[01:05:23.400 --> 01:05:35.400]  Now, my bank was Wachovia and my assignment that's in the Recorder of Deeds office comes from Mer's to Wells Fargo,
[01:05:35.400 --> 01:05:46.400]  executed by my wife, which I don't understand how she could execute this assignment to Mer's.
[01:05:46.400 --> 01:05:57.400]  But is the assignment through Mer's even valid if Wachovia is closed three years when this assignment happened?
[01:05:57.400 --> 01:06:09.400]  Does Mer's, Mer's only works for its members and Wachovia wasn't a member of Mer's in 2011.
[01:06:09.400 --> 01:06:10.400]  You're on to something here.
[01:06:10.400 --> 01:06:12.400]  Yeah, you're on to several things here.
[01:06:12.400 --> 01:06:18.400]  One you've made obvious and a few are kind of underlying. Let's go through this.
[01:06:18.400 --> 01:06:21.400]  Corporate personage.
[01:06:21.400 --> 01:06:24.400]  A corporation has the same rights as a person.
[01:06:24.400 --> 01:06:28.400]  So if they have the same rights, then they can act as a person.
[01:06:28.400 --> 01:06:31.400]  What happens when a person dies?
[01:06:31.400 --> 01:06:41.400]  Does that, does that dead guy, can someone who is dead grant authority to somebody to do anything?
[01:06:41.400 --> 01:06:44.400]  Was there probate for Wachovia?
[01:06:44.400 --> 01:06:51.400]  Yeah, was there probate? Did Wachovia have a living will?
[01:06:51.400 --> 01:07:02.400]  If not, Wachovia abandoned their claim when he died or actually when the government shot it in the head.
[01:07:02.400 --> 01:07:07.400]  Now, let's go backwards a little bit.
[01:07:07.400 --> 01:07:13.400]  You're asking if this assignment is valid for one reason.
[01:07:13.400 --> 01:07:21.400]  Let me put a few more reasons why you should be asking this, this same question. Is the assignment valid?
[01:07:21.400 --> 01:07:31.400]  Okay. What year did you go through this process of allegedly borrowing money?
[01:07:31.400 --> 01:07:34.400]  When did you get the, get the loan?
[01:07:34.400 --> 01:07:35.400]  2005.
[01:07:35.400 --> 01:07:38.400]  And who originated it?
[01:07:38.400 --> 01:07:39.400]  Wachovia.
[01:07:39.400 --> 01:07:49.400]  Wachovia. Okay. Wachovia securitized everything that they wrote without exception.
[01:07:49.400 --> 01:07:57.400]  So part of the process in securitizing is interest.
[01:07:57.400 --> 01:08:01.400]  Let me go back just a little bit.
[01:08:01.400 --> 01:08:06.400]  There was a day that you were told to be somewhere to sign a bunch of papers and initial a bunch of others.
[01:08:06.400 --> 01:08:09.400]  You went there and you did that, correct?
[01:08:09.400 --> 01:08:12.400]  That was the closing.
[01:08:12.400 --> 01:08:18.400]  You went there and signed a bunch of papers and initialed a bunch more. Is that correct?
[01:08:18.400 --> 01:08:19.400]  Correct.
[01:08:19.400 --> 01:08:25.400]  Okay. What happened to that paperwork after you signed it?
[01:08:25.400 --> 01:08:27.400]  I have no idea. We were given a copy of it.
[01:08:27.400 --> 01:08:33.400]  I'll give you an idea. You gave it up for ransom, didn't you?
[01:08:33.400 --> 01:08:38.400]  And for safekeeping. You gave it up for 30 years.
[01:08:38.400 --> 01:08:45.400]  Whatever you signed, that's your personal property. That is a tangible instrument.
[01:08:45.400 --> 01:08:51.400]  A part of that tangible instrument was something called an intangible revenue stream.
[01:08:51.400 --> 01:08:58.400]  That's your promise to pay a certain amount of money over the next 30 years. Okay? You with me?
[01:08:58.400 --> 01:08:59.400]  Yep.
[01:08:59.400 --> 01:09:07.400]  Whoever took those documents out of your site, took a few of them, like the data trust or mortgage, whichever your state is,
[01:09:07.400 --> 01:09:18.400]  and filed a copy of it in the public record to let everybody know that there was a lien on the property through this security instrument.
[01:09:18.400 --> 01:09:29.400]  Keep in mind they did not file the note, a copy of the note, because they were going to sell that or rather sell a part of it.
[01:09:29.400 --> 01:09:36.400]  What they did was they made a Xerox copy of the original tangible instrument that you,
[01:09:36.400 --> 01:09:50.400]  that piece of paper that you signed called note, your promise to pay, was transferred to that piece of white paper that came out of that Xerox machine,
[01:09:50.400 --> 01:09:55.400]  because they didn't sell your original note. They didn't negotiate your original note.
[01:09:55.400 --> 01:10:05.400]  They sold the Xerox copy, so they removed the intangible revenue stream and attached it to this other piece of paper that you've never seen.
[01:10:05.400 --> 01:10:19.400]  Think factoring. Factoring has been around a long time. I've got accounts receivable. I'm not getting collected.
[01:10:19.400 --> 01:10:26.400]  They're not even mature yet, but I need the money. I go to the bank and say, hey, will you factor this for me?
[01:10:26.400 --> 01:10:32.400]  And they say, sure, we'll take a certain amount of percent. We'll give you your money now. We'll take our money when it comes in.
[01:10:32.400 --> 01:10:40.400]  Essentially, that's what this is. And that makes it clear you're not actually selling the note or anything,
[01:10:40.400 --> 01:10:45.400]  just selling the bank the right to collect the money instead of you. I'll shut up now.
[01:10:45.400 --> 01:10:55.400]  That's on one side. That's on the servicer side. Yes, they can sell enough interest in it to allow somebody to collect the payments,
[01:10:55.400 --> 01:11:00.400]  but they are not receiving the payments. The ones receiving the payments are the investors.
[01:11:00.400 --> 01:11:12.400]  OK, so if you have the original, you can make as many copies as you want and sell them all.
[01:11:12.400 --> 01:11:20.400]  What you're doing is you're selling interest in the original instrument. Here's where things go bad.
[01:11:20.400 --> 01:11:33.400]  When that first piece of paper goes into a Remic, that's a real estate mortgage investment conduit.
[01:11:33.400 --> 01:11:39.400]  Hold on, Steve. Give me just a minute to address Jenny Mae.
[01:11:39.400 --> 01:11:48.400]  The Jenny Mae manual says that the lender creates a pool for his notes.
[01:11:48.400 --> 01:11:58.400]  Each pool can have as little as three notes in the pool, but each pool must have a note with the same interest rate.
[01:11:58.400 --> 01:12:09.400]  Then he takes the note to an agent that will, a commitment agent.
[01:12:09.400 --> 01:12:16.400]  This agent will examine the documentation and make sure, and this is a commitment agent for Jenny Mae,
[01:12:16.400 --> 01:12:24.400]  examine the documentation, ensure that it meets the requirements for backing by Jenny Mae,
[01:12:24.400 --> 01:12:30.400]  and then this entity generally becomes the document custodian,
[01:12:30.400 --> 01:12:36.400]  and they are to maintain possession of all of the documents and it specifically names the note
[01:12:36.400 --> 01:12:40.400]  and all of the documents until termination of the contract.
[01:12:40.400 --> 01:12:48.400]  Okay. Lender creates a loan, puts it in a pool, and then files it with Jenny Mae.
[01:12:48.400 --> 01:12:55.400]  What is to keep the lender from taking that note and changing the interest rate two points
[01:12:55.400 --> 01:12:59.400]  and filing it with another document custodian?
[01:12:59.400 --> 01:13:01.400]  Nothing.
[01:13:01.400 --> 01:13:12.400]  Then it's a special purpose vehicle will aggregate those into a pass-through trust, which is then filed to the remake.
[01:13:12.400 --> 01:13:16.400]  So what's to keep the guy, because with the derivatives market,
[01:13:16.400 --> 01:13:25.400]  he can go get a totally unregulated mortgage insurance policy, and nobody knows about it.
[01:13:25.400 --> 01:13:32.400]  So he can sell the note to each special purpose vehicle into the pool,
[01:13:32.400 --> 01:13:36.400]  and he'll generally get 103% of the original principal.
[01:13:36.400 --> 01:13:41.400]  So he sells it to the first one, he gets 103%, gets a 3% profit,
[01:13:41.400 --> 01:13:45.400]  but then he sells it to another one with a little different interest rate,
[01:13:45.400 --> 01:13:47.400]  and he'll make up the difference to that interest rate.
[01:13:47.400 --> 01:13:53.400]  He gets another 103%, and then another 103, and another 103,
[01:13:53.400 --> 01:13:58.400]  and what if you pay off the note?
[01:13:58.400 --> 01:14:02.400]  He's screwed. He's got to pay all these backward interest.
[01:14:02.400 --> 01:14:09.400]  But if he can force you into foreclosure after 12 years,
[01:14:09.400 --> 01:14:15.400]  then 85% of the note is paid off. I mean, 15% of the note is paid off.
[01:14:15.400 --> 01:14:19.400]  The insurance he bought will pay the other 85%.
[01:14:19.400 --> 01:14:23.400]  So he forces you into foreclosure.
[01:14:23.400 --> 01:14:31.400]  The insurance companies pays off all of these different investors,
[01:14:31.400 --> 01:14:35.400]  and he walks away with this huge pool of money.
[01:14:35.400 --> 01:14:41.400]  I'll shut up now. I just wanted to fill in that space between Rimmick and Jamie.
[01:14:41.400 --> 01:14:53.400]  Yeah, but to get back on track where I was, once your mortgage-backed security reaches a Rimmick,
[01:14:53.400 --> 01:14:59.400]  there are literally thousands of people who are investing in that Rimmick,
[01:14:59.400 --> 01:15:08.400]  usually through 401Ks, some other type of retirement program, whatever.
[01:15:08.400 --> 01:15:17.400]  It's just open to whoever wants to give investment money to.
[01:15:17.400 --> 01:15:22.400]  That's all determined by the trust agreement.
[01:15:22.400 --> 01:15:31.400]  Right. Now, if you've got a copy of the PSA, the pooling and servicing agreement,
[01:15:31.400 --> 01:15:38.400]  you will see at the top of that on page one who all's hands that went through.
[01:15:38.400 --> 01:15:46.400]  Guess what they're supposed to be for each set of hands, an assignment in the public record.
[01:15:46.400 --> 01:15:54.400]  So between the day of origination and the day that this assignment was generated by MERS,
[01:15:54.400 --> 01:15:56.400]  how many hands did it go through?
[01:15:56.400 --> 01:16:01.400]  If there's not an accounting of every pair of hands that that mortgage-backed security
[01:16:01.400 --> 01:16:08.400]  or interest in that mortgage, in that intangible revenue stream changed hands or went through hands.
[01:16:08.400 --> 01:16:12.400]  If there's a gap in there, you have a break in the chain of title.
[01:16:12.400 --> 01:16:16.400]  And MERS cannot prove how they got the authority to do what they did.
[01:16:16.400 --> 01:16:22.400]  They couldn't assign it because they didn't know who they were assigning it from.
[01:16:22.400 --> 01:16:26.400]  They think they know, but you've got to go to the public record to make sure.
[01:16:26.400 --> 01:16:30.400]  And if there's nothing there, MERS doesn't have a leg to stand on.
[01:16:30.400 --> 01:16:37.400]  Right. You go to Texas Property Code 13001 or your state's equivalent,
[01:16:37.400 --> 01:16:43.400]  which they will absolutely have one that says any claim against real property
[01:16:43.400 --> 01:16:52.400]  not properly acknowledged or proven and filed in the public record is void as to the holder.
[01:16:52.400 --> 01:17:00.400]  512-646-1984, folks, dial the number and we'll be right back. Stay tuned.
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[01:19:24.400 --> 01:19:36.400]  Well, you ain't gonna fool me with that same old trick again.
[01:19:36.400 --> 01:19:39.400]  I was blindsided but now I'm blindsided.
[01:19:39.400 --> 01:19:40.400]  Okay, we are back.
[01:19:40.400 --> 01:19:43.400]  Glenn Kelton, Steve Skidmore with our radio.
[01:19:43.400 --> 01:19:46.400]  And Steve was on and then he went out.
[01:19:46.400 --> 01:19:50.400]  I was finishing up interrupting Steve again.
[01:19:50.400 --> 01:19:54.400]  I think I was about through.
[01:19:54.400 --> 01:20:09.400]  The whole point of my dissertation was to show that there was a break in the chain of custody of title or interest in the title or interest in the property before it ever reached MERS.
[01:20:09.400 --> 01:20:10.400]  Right.
[01:20:10.400 --> 01:20:19.400]  So MERS, their authority, I'm not going to go to standing because you're not in court doing something.
[01:20:19.400 --> 01:20:20.400]  You're not prosecuting anything.
[01:20:20.400 --> 01:20:23.400]  They're just trying to assign something.
[01:20:23.400 --> 01:20:29.400]  Number one, the assignment was made on behalf of a dead entity.
[01:20:29.400 --> 01:20:35.400]  So how can a dead entity give authority to MERS to act on their behalf?
[01:20:35.400 --> 01:20:43.400]  And two, the title was so messed up before it ever got to that point that they couldn't have transferred interest in it.
[01:20:43.400 --> 01:20:46.400]  Not legitimately, not legally.
[01:20:46.400 --> 01:20:47.400]  Right.
[01:20:47.400 --> 01:20:58.400]  And even with securitization out of the way, you know, we've looked at our homeowners, which is an obligation on our mortgage.
[01:20:58.400 --> 01:20:59.400]  Your homeowners what?
[01:20:59.400 --> 01:21:00.400]  Insurance.
[01:21:00.400 --> 01:21:01.400]  Okay.
[01:21:01.400 --> 01:21:02.400]  Okay.
[01:21:02.400 --> 01:21:09.400]  We look at our homeowners insurance that comes and it keeps a list of who the mortgagee is for us.
[01:21:09.400 --> 01:21:13.400]  None of them have been recorded, of course.
[01:21:13.400 --> 01:21:27.400]  But it shows World Savings, IndyMac, and all these others who were all closed by the FDIC or whoever showing this break in the chain of title merely because they weren't reported.
[01:21:27.400 --> 01:21:28.400]  Good.
[01:21:28.400 --> 01:21:50.400]  The interesting part is also in the securitization chain under Section 4 under the owner deemed payable clause, since I'm in privity of contract with my note to the lender, my lender is the only person who can do any of these things based on that privity.
[01:21:50.400 --> 01:22:05.400]  And in Section 4 under the owner deemed payable clause, it states who the owner is and it is the investors, these thousand guys who own a chunk of my mortgage-backed security.
[01:22:05.400 --> 01:22:15.400]  Do the investors have a claim against your property filed in the county recorder's office?
[01:22:15.400 --> 01:22:16.400]  No, they do not.
[01:22:16.400 --> 01:22:29.400]  And it would take, from what I understand and what I've read, is it takes 50% of those investors in order to make a claim in order for that to stick in the recorder's office.
[01:22:29.400 --> 01:22:39.400]  And each one would have to be named, addressed, and documented in order for the investors to make the claim.
[01:22:39.400 --> 01:22:53.400]  And according to Merz in landmark B, Kessler, the requirement to do that is onerous, let's see, archaic.
[01:22:53.400 --> 01:22:57.400]  Do you remember what that said, Steve?
[01:22:57.400 --> 01:23:05.400]  Archaic, cumbersome, and costly.
[01:23:05.400 --> 01:23:06.400]  There you go.
[01:23:06.400 --> 01:23:21.400]  That was the argument Merz brought to the Kansas Supreme over the requirement to file changes in the interest in the security instrument with the county recorder.
[01:23:21.400 --> 01:23:28.400]  And the Kansas court told them that they agreed it is archaic, costly, and cumbersome.
[01:23:28.400 --> 01:23:29.400]  Just too bad.
[01:23:29.400 --> 01:23:34.400]  However, we have the power to change it.
[01:23:34.400 --> 01:23:37.400]  And you are in Pennsylvania.
[01:23:37.400 --> 01:23:40.400]  Have you talked to Ms. Leslie lately?
[01:23:40.400 --> 01:23:44.400]  I have not talked to Leslie lately.
[01:23:44.400 --> 01:23:45.400]  I haven't talked to Leslie.
[01:23:45.400 --> 01:23:51.400]  Are you familiar with the win the clerk got against Merz in Pennsylvania recently?
[01:23:51.400 --> 01:23:56.400]  Yes, I've actually spoken with her directly, Nancy Becker.
[01:23:56.400 --> 01:23:58.400]  Yes, wonderful.
[01:23:58.400 --> 01:24:11.400]  Yes, I've spoken with her and, you know, she's on the right track and I guess she's just waiting to get into court here to make her presentation and hopefully she gets a winning judgment.
[01:24:11.400 --> 01:24:21.400]  You should be able to bring that ruling into the current court as an advisory ruling.
[01:24:21.400 --> 01:24:22.400]  Right.
[01:24:22.400 --> 01:24:32.400]  And since this is not some pro se jackleg but the county clerk of the county, you know, this is part of their good old boy system.
[01:24:32.400 --> 01:24:34.400]  This is an insider.
[01:24:34.400 --> 01:24:35.400]  Right.
[01:24:35.400 --> 01:24:38.400]  And your court's more likely to take notice of it.
[01:24:38.400 --> 01:24:46.400]  And the court clearly stated in that opinion that it's a crime for these guys not to file that.
[01:24:46.400 --> 01:25:04.400]  And if you look at your deed of trust, I think you have a mortgage in Pennsylvania and you have a governing law and serviceability clause where they agreed to abide by all law and this filing was one of those laws.
[01:25:04.400 --> 01:25:05.400]  Right.
[01:25:05.400 --> 01:25:10.400]  Pennsylvania has a very hard statute for recording here.
[01:25:10.400 --> 01:25:11.400]  Good.
[01:25:11.400 --> 01:25:14.400]  And most of the judges follow that.
[01:25:14.400 --> 01:25:17.400]  Even better.
[01:25:17.400 --> 01:25:23.400]  Here in Texas a lot of judges don't care about that nasty little statute.
[01:25:23.400 --> 01:25:25.400]  Well, and here's the other interesting part.
[01:25:25.400 --> 01:25:39.400]  In this state as well, a lot of the judges look at it as though because MERS brings or an assignment is brought in through MERS, they look at that as, you know, end of the case.
[01:25:39.400 --> 01:25:42.400]  They're looking at title, you know.
[01:25:42.400 --> 01:25:45.400]  Who has title in order to close?
[01:25:45.400 --> 01:25:49.400]  One of the cases was Mallory versus MERS, I guess.
[01:25:49.400 --> 01:25:59.400]  And their case, they brought in, they just failed to show that MERS didn't actually have title.
[01:25:59.400 --> 01:26:02.400]  They brought up a lot of good arguments but that.
[01:26:02.400 --> 01:26:05.400]  You seem surprised.
[01:26:05.400 --> 01:26:08.400]  No.
[01:26:08.400 --> 01:26:21.400]  Because I've learned to take in stride everything I look at on the Internet because it's either the thing the banks want you to look at or it's something that MERS wants you to look at so you give up.
[01:26:21.400 --> 01:26:31.400]  Basically, the real arguments are the ones that are either gag ordered or they settle and you never get to see those.
[01:26:31.400 --> 01:26:34.400]  Yes, sealed.
[01:26:34.400 --> 01:26:37.400]  Yeah, I wish there was.
[01:26:37.400 --> 01:26:42.400]  There was, oh, God, man, there was a big case.
[01:26:42.400 --> 01:26:45.400]  I'm trying to remember the name of it.
[01:26:45.400 --> 01:26:46.400]  Glasskey.
[01:26:46.400 --> 01:26:49.400]  The Glasskey case was sealed for a while.
[01:26:49.400 --> 01:26:59.400]  And then a petition to publish the opinion was granted and the opinion was published.
[01:26:59.400 --> 01:27:03.400]  Yeah, the banks worked real hard to try to keep that one.
[01:27:03.400 --> 01:27:05.400]  They sure did.
[01:27:05.400 --> 01:27:09.400]  Good God, we can't have everybody using this or knowing it.
[01:27:09.400 --> 01:27:22.400]  And I have someone now that is filing an appeal and the appeal goes to the fourth, I think the fourth and seventh circuit, state circuit in California.
[01:27:22.400 --> 01:27:31.400]  I believe that Glasskey was out of the fourth state circuit and the seventh state circuit was taking a different position.
[01:27:31.400 --> 01:27:39.400]  And the appeal now is for the purpose of upholding Glasskey.
[01:27:39.400 --> 01:27:42.400]  So it'll be interesting to see how that.
[01:27:42.400 --> 01:27:44.400]  Yes, it will.
[01:27:44.400 --> 01:27:53.400]  Good chance the courts are going to want to resolve this apparent split between the circuits.
[01:27:53.400 --> 01:28:02.400]  And they tend to resolve them toward the later ruling because the later ruling tends to be more current with law.
[01:28:02.400 --> 01:28:07.400]  So we're looking forward to getting Glasskey upheld.
[01:28:07.400 --> 01:28:09.400]  Yes, that would be a big one.
[01:28:09.400 --> 01:28:12.400]  And Nancy, about this case here in Montgomery.
[01:28:12.400 --> 01:28:13.400]  OK, OK, hold on.
[01:28:13.400 --> 01:28:19.400]  What Glasskey goes to is exactly the issue.
[01:28:19.400 --> 01:28:24.400]  Steve Kelly, what was the case that he brought?
[01:28:24.400 --> 01:28:32.400]  Jeff Kelly, that was Miller v. Homecomings and the right of the borrower to challenge assignments.
[01:28:32.400 --> 01:28:34.400]  That is exactly what Glasskey goes to.
[01:28:34.400 --> 01:28:35.400]  Yeah.
[01:28:35.400 --> 01:28:36.400]  Right.
[01:28:36.400 --> 01:28:39.400]  As not third party.
[01:28:39.400 --> 01:28:40.400]  Say it again.
[01:28:40.400 --> 01:28:43.400]  We look at the assignment as a third party.
[01:28:43.400 --> 01:28:46.400]  They were saying they didn't have the right because they're a third party.
[01:28:46.400 --> 01:28:47.400]  Right.
[01:28:47.400 --> 01:28:51.400]  So no, they're directly a party to it.
[01:28:51.400 --> 01:28:52.400]  Well, they are.
[01:28:52.400 --> 01:28:56.400]  But they were making the claim that they were a third party and had no reason.
[01:28:56.400 --> 01:28:58.400]  Right, right, right.
[01:28:58.400 --> 01:29:04.400]  And the legal truth is absolutely they are a party to.
[01:29:04.400 --> 01:29:09.400]  Their argument was that they were not a party to that transaction.
[01:29:09.400 --> 01:29:16.400]  So therefore, they had no right to question it or challenge it.
[01:29:16.400 --> 01:29:19.400]  And the court said they had an interest.
[01:29:19.400 --> 01:29:20.400]  Yes.
[01:29:20.400 --> 01:29:21.400]  And that gave them the right.
[01:29:21.400 --> 01:29:22.400]  Yes.
[01:29:22.400 --> 01:29:23.400]  Right.
[01:29:23.400 --> 01:29:34.400]  Well, they weren't a party to that actual assignment because it was Merge assigning this other bank to represent this claim.
[01:29:34.400 --> 01:29:36.400]  They weren't a party to that transaction.
[01:29:36.400 --> 01:29:38.400]  And that was correct.
[01:29:38.400 --> 01:29:46.400]  However, that transaction affected the interest of a third party.
[01:29:46.400 --> 01:29:53.400]  And that third party therefore had an interest in outstanding.
[01:29:53.400 --> 01:29:55.400]  I hear the music in the background, folks.
[01:29:55.400 --> 01:29:56.400]  We'll be right back.
[01:29:56.400 --> 01:30:03.400]  Stay tuned.
[01:30:03.400 --> 01:30:08.400]  Do you have trouble selling your ideas and winning people over to your point of view?
[01:30:08.400 --> 01:30:09.400]  I'm Dr. Catherine Albrecht.
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[01:33:35.400 --> 01:33:42.400]  The wicked come with temptation.
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[01:33:59.400 --> 01:34:05.400]  Terry, we are back. Randy Felton from Skidmore. We're with our radio and talking to Chris,
[01:34:05.400 --> 01:34:06.400]  Dean Prince of India.
[01:34:06.400 --> 01:34:12.400]  Chris, have we pretty well handled your issues?
[01:34:12.400 --> 01:34:14.400]  Yes. Yes.
[01:34:14.400 --> 01:34:21.400]  I noticed that one thing on our mortgage assignment, that the execution from...
[01:34:21.400 --> 01:34:24.400]  This is my wife's mortgage.
[01:34:24.400 --> 01:34:33.400]  The execution on there from her to MERS has been what a lot of these case law things have been saying that MERS says,
[01:34:33.400 --> 01:34:40.400]  well, you and the borrower gave MERS the obligation of being the nominee to Wachovia.
[01:34:40.400 --> 01:34:42.400]  Okay, hold on.
[01:34:42.400 --> 01:34:49.400]  There's nothing in that document that grants MERS any such position.
[01:34:49.400 --> 01:34:56.400]  What's in there referring to MERS is the definition section.
[01:34:56.400 --> 01:35:06.400]  The contract doesn't start until after the definition section.
[01:35:06.400 --> 01:35:10.400]  MERS is just merely defined.
[01:35:10.400 --> 01:35:17.400]  What they're saying is that, say you and I want to get into an agreement, but I don't like your lawyer.
[01:35:17.400 --> 01:35:22.400]  I think he's a chump. I'm going to fire him and hire my brother-in-law.
[01:35:22.400 --> 01:35:26.400]  How's that going to work for you?
[01:35:26.400 --> 01:35:37.400]  If the lender intended that MERS be granted some claim on the lender's beneficial interest,
[01:35:37.400 --> 01:35:46.400]  then the lender would have had to affirm that appointment by signing the document and he didn't.
[01:35:46.400 --> 01:35:51.400]  You have no power to make that grant.
[01:35:51.400 --> 01:35:55.400]  That's a nonsense argument.
[01:35:55.400 --> 01:36:06.400]  Even on our mortgage assignment from MERS to Wells Fargo, it states that MERS is the nominee for Wachovia
[01:36:06.400 --> 01:36:16.400]  and that my wife, it says executed by my wife, two MERS in order to make this transaction.
[01:36:16.400 --> 01:36:20.400]  That should get a quiet title.
[01:36:20.400 --> 01:36:22.400]  That's what we're hoping.
[01:36:22.400 --> 01:36:26.400]  And she has standing for the quiet title because she's named in it directly,
[01:36:26.400 --> 01:36:32.400]  or she would have standing anyway because she's the property owner, and claimed that she did no such thing.
[01:36:32.400 --> 01:36:36.400]  And she had no authority to do any such thing.
[01:36:36.400 --> 01:36:38.400]  Right.
[01:36:38.400 --> 01:36:44.400]  And that's the real issue where we're at right now is trying to get my lawyer to get true discovery
[01:36:44.400 --> 01:36:50.400]  and fight these very topics we just discussed.
[01:36:50.400 --> 01:36:59.400]  This is not a legal question. I guess it's a rhetorical question.
[01:36:59.400 --> 01:37:06.400]  But how can you grant authority for someone you don't know to take an action that you're not going to be aware of
[01:37:06.400 --> 01:37:10.400]  and they claim that you have no right to challenge?
[01:37:10.400 --> 01:37:13.400]  What part of that is consumable?
[01:37:13.400 --> 01:37:19.400]  How can you appoint a person to represent a third party?
[01:37:19.400 --> 01:37:21.400]  You can't.
[01:37:21.400 --> 01:37:26.400]  Agency has to come from the principal, not the agent.
[01:37:26.400 --> 01:37:31.400]  Not a third party, not the opposing party to a contract.
[01:37:31.400 --> 01:37:32.400]  Exactly.
[01:37:32.400 --> 01:37:34.400]  Right.
[01:37:34.400 --> 01:37:35.400]  Certainly.
[01:37:35.400 --> 01:37:40.400]  That's exactly what they were trying to make point of.
[01:37:40.400 --> 01:37:44.400]  That should get a bar grievance.
[01:37:44.400 --> 01:37:47.400]  That should get somebody disbarred.
[01:37:47.400 --> 01:37:51.400]  That's a frivolous argument. It should move for sanctions.
[01:37:51.400 --> 01:37:54.400]  They're trying to act as legislators.
[01:37:54.400 --> 01:37:58.400]  You're even having to address such nonsense.
[01:37:58.400 --> 01:38:00.400]  You should ask for sanctions.
[01:38:00.400 --> 01:38:04.400]  I'm hoping just to get it in front of a judge, because I think he's smart enough to understand
[01:38:04.400 --> 01:38:09.400]  when he looks at that document at face value, he sees not only those issues,
[01:38:09.400 --> 01:38:17.400]  but he also sees the fact that the person who signed as a witness, Lisa Jefferson, who is a known robo-signer,
[01:38:17.400 --> 01:38:24.400]  signed the document, and under her name, they list her as a resident of my address.
[01:38:24.400 --> 01:38:29.400]  Now, if you're signing that document, you notice that this document is true and correct.
[01:38:29.400 --> 01:38:31.400]  That's what you're stating.
[01:38:31.400 --> 01:38:38.400]  And if you're a resident of my home address and not a vice president of MERS, there's something wrong there.
[01:38:38.400 --> 01:38:44.400]  Then you would have an intimate relationship with this robo-signer.
[01:38:44.400 --> 01:38:47.400]  Conflict of interest.
[01:38:47.400 --> 01:38:55.400]  Well, because if she lived there, she's a tenant.
[01:38:55.400 --> 01:39:04.400]  How can she, as a tenant, lawfully assign anything to anybody from a dead guy?
[01:39:04.400 --> 01:39:06.400]  Exactly.
[01:39:06.400 --> 01:39:12.400]  I know she wasn't where they were signing this document in the notary's office,
[01:39:12.400 --> 01:39:16.400]  because I didn't let her leave.
[01:39:16.400 --> 01:39:18.400]  That's a good point.
[01:39:18.400 --> 01:39:19.400]  Good.
[01:39:19.400 --> 01:39:22.400]  You know, I made sure she stayed here.
[01:39:22.400 --> 01:39:26.400]  I didn't let her go to Minnesota to sign this document with the other notary that said
[01:39:26.400 --> 01:39:33.400]  this is a valid instrument to be assigned in the recorder of deeds office.
[01:39:33.400 --> 01:39:40.400]  It's kind of frustrating that documentation this bad is still in the courts.
[01:39:40.400 --> 01:39:43.400]  Right.
[01:39:43.400 --> 01:39:49.400]  That they would even have the terminity to bring this up in the court.
[01:39:49.400 --> 01:39:50.400]  Right.
[01:39:50.400 --> 01:39:55.400]  They must think there is no consequences.
[01:39:55.400 --> 01:39:56.400]  Yeah.
[01:39:56.400 --> 01:39:57.400]  It's terrible, the recorder of deeds.
[01:39:57.400 --> 01:40:03.400]  And I hope Nancy Becker's case goes through, because this is a milestone.
[01:40:03.400 --> 01:40:11.400]  And I can only see that in hopes that future recorders have the ability to make this defense
[01:40:11.400 --> 01:40:17.400]  when they see a document come across as base value that they know is just law.
[01:40:17.400 --> 01:40:21.400]  I mean, they can't do that now.
[01:40:21.400 --> 01:40:30.400]  That ruling said that this rule applied all the way back in history.
[01:40:30.400 --> 01:40:38.400]  So it's saying that all of those that weren't properly filed are all garbage and it's criminal on all of them.
[01:40:38.400 --> 01:40:42.400]  Have you filed criminally against them yet?
[01:40:42.400 --> 01:40:43.400]  No.
[01:40:43.400 --> 01:40:46.400]  You might try that.
[01:40:46.400 --> 01:40:53.400]  With the win of this clerk, you might actually get a prosecuting attorney to pick it up.
[01:40:53.400 --> 01:40:54.400]  Right.
[01:40:54.400 --> 01:41:00.400]  Especially if yours is so obviously improper.
[01:41:00.400 --> 01:41:01.400]  Right.
[01:41:01.400 --> 01:41:05.400]  I'm just hoping to get it in front of a judge with a quiet title and say, look, just look at this document.
[01:41:05.400 --> 01:41:07.400]  Give me a declaratory judgment.
[01:41:07.400 --> 01:41:08.400]  Just something.
[01:41:08.400 --> 01:41:10.400]  Just look at it and tell me if you think this...
[01:41:10.400 --> 01:41:11.400]  Okay.
[01:41:11.400 --> 01:41:14.400]  Understand, criminal is totally different.
[01:41:14.400 --> 01:41:16.400]  Criminals don't have anything to do with civil.
[01:41:16.400 --> 01:41:22.400]  Unless the prosecutor picks it up and gets a prosecution based on this,
[01:41:22.400 --> 01:41:31.400]  then that prosecution will act as res judicata in making the claim that the document is invalid.
[01:41:31.400 --> 01:41:32.400]  Right.
[01:41:32.400 --> 01:41:34.400]  So go for the criminal.
[01:41:34.400 --> 01:41:38.400]  See if you can talk to your prosecutor into...
[01:41:38.400 --> 01:41:42.400]  Does he have an election coming up?
[01:41:42.400 --> 01:41:43.400]  I don't know.
[01:41:43.400 --> 01:41:44.400]  I'm checking on that.
[01:41:44.400 --> 01:41:46.400]  I'm sure he does.
[01:41:46.400 --> 01:41:52.400]  If he does, you'll be a hero with everybody out here.
[01:41:52.400 --> 01:41:57.400]  If you take up this issue, you might be able to talk him into it without a fight.
[01:41:57.400 --> 01:41:58.400]  Right.
[01:41:58.400 --> 01:41:59.400]  That would be great.
[01:41:59.400 --> 01:42:05.400]  That's why her case is so monumental here.
[01:42:05.400 --> 01:42:10.400]  You could change the whole landscape in Pennsylvania.
[01:42:10.400 --> 01:42:11.400]  Oh, I'm sure all over.
[01:42:11.400 --> 01:42:14.400]  It's almost the Recon Statute.
[01:42:14.400 --> 01:42:21.400]  You're looking at something that they've done all over to everyone.
[01:42:21.400 --> 01:42:27.400]  There are really no mortgages under foreclosure that haven't been exposed to this.
[01:42:27.400 --> 01:42:36.400]  See if you can make an argument as to why it's in the political interest of the prosecutor to pursue this.
[01:42:36.400 --> 01:42:38.400]  You might talk him into picking it up,
[01:42:38.400 --> 01:42:44.400]  especially you've got judges ruling for the clerk.
[01:42:44.400 --> 01:42:48.400]  You've got clerks taking them on and judges ruling in their favor.
[01:42:48.400 --> 01:42:51.400]  The politics is moving in that direction.
[01:42:51.400 --> 01:42:55.400]  You might actually get it done.
[01:42:55.400 --> 01:42:56.400]  Okay.
[01:42:56.400 --> 01:42:59.400]  Are we about done with everything, Chris?
[01:42:59.400 --> 01:43:00.400]  Yes.
[01:43:00.400 --> 01:43:01.400]  Thank you.
[01:43:01.400 --> 01:43:02.400]  I know you've got a lot of callers.
[01:43:02.400 --> 01:43:03.400]  Thanks very much, guys.
[01:43:03.400 --> 01:43:04.400]  I appreciate it.
[01:43:04.400 --> 01:43:05.400]  Okay.
[01:43:05.400 --> 01:43:06.400]  Thank you, Chris.
[01:43:06.400 --> 01:43:07.400]  You're welcome.
[01:43:07.400 --> 01:43:11.400]  Now we're going to Darlene in Florida.
[01:43:11.400 --> 01:43:12.400]  Hello, Ms. Darlene.
[01:43:12.400 --> 01:43:14.400]  You had a comment for us.
[01:43:14.400 --> 01:43:15.400]  Yeah.
[01:43:15.400 --> 01:43:20.400]  You were talking about doing the loan modification,
[01:43:20.400 --> 01:43:25.400]  and I just wanted to let you know for people that might consider doing that,
[01:43:25.400 --> 01:43:34.400]  if they had a stated income loan originally or what we call liar loans with no doc,
[01:43:34.400 --> 01:43:40.400]  they need to be careful with that, that when they do have to fill out those financials for the loan modification,
[01:43:40.400 --> 01:43:45.400]  they do not include the years where they were putting the stated income.
[01:43:45.400 --> 01:43:46.400]  Okay.
[01:43:46.400 --> 01:43:47.400]  Wait, hold on.
[01:43:47.400 --> 01:43:48.400]  We're about to go to break.
[01:43:48.400 --> 01:43:49.400]  Okay.
[01:43:49.400 --> 01:43:50.400]  Let's pick this back up on the other side.
[01:43:50.400 --> 01:43:51.400]  It's not interesting.
[01:43:51.400 --> 01:43:54.400]  Randy Kalpin, Steve Skidmore on the World Radio.
[01:43:54.400 --> 01:44:00.400]  We'll be right back.
[01:44:00.400 --> 01:44:03.400]  You feel tired when talking about important topics like money and politics?
[01:44:03.400 --> 01:44:04.400]  Sorry.
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[01:46:20.400 --> 01:46:29.400]  Okay, we are back. Bernie, I have a caller with James in Texas.
[01:46:29.400 --> 01:46:34.400]  Probably more knowledgeable than all of us and that has to be off the line by 10.
[01:46:34.400 --> 01:46:37.400]  Remind him if I take him for a few minutes and come back to you.
[01:46:37.400 --> 01:46:39.400]  Oh, not at all.
[01:46:39.400 --> 01:46:45.400]  Thank you very much. Okay, we're going to go to James in Texas.
[01:46:45.400 --> 01:46:50.400]  James, you had some educational materials for us.
[01:46:50.400 --> 01:46:54.400]  Oh, yeah, I've been listening to a lot of what's going on.
[01:46:54.400 --> 01:47:00.400]  And Steve's got a Texas Supreme Court opinion.
[01:47:00.400 --> 01:47:07.400]  I've got it titled as two intentions with a couple of page lead into it.
[01:47:07.400 --> 01:47:17.400]  But what it boils down to is you would have to agree a contract's a contract, right?
[01:47:17.400 --> 01:47:19.400]  That is certainly my position.
[01:47:19.400 --> 01:47:23.400]  Yeah, or at least for sake of argument.
[01:47:23.400 --> 01:47:27.400]  Okay, I have the Texas Supreme Court.
[01:47:27.400 --> 01:47:35.400]  The courts will look at what is the intention of the contract primarily in the first position.
[01:47:35.400 --> 01:47:42.400]  Now, what you have to do then without going to parole evidence, which is extrinsic evidence,
[01:47:42.400 --> 01:47:48.400]  public records, ESA, anything you want to go, look at the document itself,
[01:47:48.400 --> 01:47:53.400]  and see if it's ambiguous or if it's even enforceable.
[01:47:53.400 --> 01:47:57.400]  If it's not, then intentions don't matter.
[01:47:57.400 --> 01:47:59.400]  You'll never get there.
[01:47:59.400 --> 01:48:07.400]  And all this ties back into the note itself, because you've got many appellate courts
[01:48:07.400 --> 01:48:18.400]  in all the states around the country that when they deal with these notes that they find are endorsed in blank,
[01:48:18.400 --> 01:48:27.400]  so it's supposed to be endorsed to a burr or endorsed to an identified payee.
[01:48:27.400 --> 01:48:32.400]  There's no payee identified on there, so your agency relationship breaks down,
[01:48:32.400 --> 01:48:35.400]  and that ties in with WaMu and all of them.
[01:48:35.400 --> 01:48:39.400]  You've just lost your agency principal relationship.
[01:48:39.400 --> 01:48:41.400]  Now, without a statement...
[01:48:41.400 --> 01:48:52.400]  Wait, James, let me back up to the intent of the contract and whether or not the intent is clear.
[01:48:52.400 --> 01:48:58.400]  As I read the Fannie Mae Freddie Mac uniform instrument for Texas,
[01:48:58.400 --> 01:49:03.400]  the first portion of it are a bunch of definitions.
[01:49:03.400 --> 01:49:10.400]  The contract itself begins at the transfer of property rights paragraph,
[01:49:10.400 --> 01:49:21.400]  and that says it was the intent of the parties that legal title be transferred to the trustee.
[01:49:21.400 --> 01:49:29.400]  Then in the very next paragraph, the paragraph that was intended to include any additions or improvements to the property,
[01:49:29.400 --> 01:49:32.400]  right in the middle, somebody separated that and said,
[01:49:32.400 --> 01:49:38.400]  you understand that MERS is not the beneficiary, but merely holds legal title.
[01:49:38.400 --> 01:49:46.400]  Well, this says it was the intent of the contract that MERS holds legal title.
[01:49:46.400 --> 01:49:49.400]  Clear verbiage of the contract.
[01:49:49.400 --> 01:49:56.400]  It can't do it because they've already said that the trustee holds legal title,
[01:49:56.400 --> 01:49:59.400]  then they come back and say, MERS holds legal title.
[01:49:59.400 --> 01:50:12.400]  Exactly, and Texas Business and Commerce Code, no, no, Texas Civil Courts and Remedies, I think it's 2302.
[01:50:12.400 --> 01:50:25.400]  It's either 2301 or 2302, strictly forbids a lender from requiring the borrower to transfer the property to the lender.
[01:50:25.400 --> 01:50:33.400]  Lenders the contract in specific violation of state law.
[01:50:33.400 --> 01:50:41.400]  And you can't transfer the mortgage to an agent of the principal that would violate that statute.
[01:50:41.400 --> 01:50:43.400]  That's exactly the case.
[01:50:43.400 --> 01:50:51.400]  And this is, I don't know who wrote that, but it had to be Hiram Koch.
[01:50:51.400 --> 01:50:53.400]  To read it, it absolutely does not make sense.
[01:50:53.400 --> 01:50:58.400]  Okay, I interrupted you when you were talking about agency.
[01:50:58.400 --> 01:51:10.400]  Okay, now you go back and look at, you've got a note and the note and the mortgage are to be construed as a single contract.
[01:51:10.400 --> 01:51:19.400]  So if you can prove that the mortgage is ambiguous and unenforceable, you'll never get to the intention of who's got what.
[01:51:19.400 --> 01:51:21.400]  You'll never get there.
[01:51:21.400 --> 01:51:35.400]  Plus, the other thing is, if you see a crime, you have a federal law, state and federal laws prescribe that you have a duty to notify somebody of a crime.
[01:51:35.400 --> 01:51:37.400]  This is securities fraud.
[01:51:37.400 --> 01:51:46.400]  Now, if you go to the PSAs, start looking at all the PSAs, this is where the Pempo and Blackwater suit comes in, I believe.
[01:51:46.400 --> 01:51:48.400]  It's looking at who the underwriters are.
[01:51:48.400 --> 01:51:56.400]  It's the same common banks all the time are underwriting this and saying, it's all compliant with the law.
[01:51:56.400 --> 01:51:58.400]  No, it is not.
[01:51:58.400 --> 01:52:02.400]  That's securities fraud.
[01:52:02.400 --> 01:52:25.400]  Then you go to 15 USD, $77,000, and every year, Brian Monahan and the CEOs of the banks now are required to sign a statement to the SEC that these contracts that they have securitized, all these mortgages then are in compliance with law.
[01:52:25.400 --> 01:52:27.400]  That's not true.
[01:52:27.400 --> 01:52:34.400]  That is a falsehood itself.
[01:52:34.400 --> 01:52:39.400]  Do you have direct evidence?
[01:52:39.400 --> 01:52:41.400]  Well, you don't...
[01:52:41.400 --> 01:52:50.400]  Do we have to have direct evidence in each case or do we have collateral evidence?
[01:52:50.400 --> 01:53:01.400]  Well, I would say probably in each case because you couldn't necessarily come in under a class action because you'd have so...
[01:53:01.400 --> 01:53:05.400]  you'd have a lot of different groups because you're not going...
[01:53:05.400 --> 01:53:10.400]  not everybody's going to have exactly the same elements in common.
[01:53:10.400 --> 01:53:33.400]  No, I wasn't going to a class action, collateral. If we can show that this condition exists and this is established by either some admission by the other party or by determination in a court case, then that's collateral estoppel.
[01:53:33.400 --> 01:53:38.400]  We can bring that in. We don't have to prove all this up again.
[01:53:38.400 --> 01:53:42.400]  It's already been adjudicated in another case and we can bring it into this one.
[01:53:42.400 --> 01:53:46.400]  And this court can't revisit that issue.
[01:53:46.400 --> 01:53:57.400]  Okay, now I'm going to sit there and say why you can't get a loan modification from the investors because most investors bought the intangible payment pool.
[01:53:57.400 --> 01:53:59.400]  They didn't buy the notes.
[01:53:59.400 --> 01:54:12.400]  Fannie Mae, Freddie Mac, and Ginnie Mae and all them, they're the ones that are supposed to be the holders of the notes through the pledge to ask securities to get to an intangible.
[01:54:12.400 --> 01:54:24.400]  The investors don't have a right to say a deadly spot about a tangible mortgage because they bought the intangible payment stream.
[01:54:24.400 --> 01:54:48.400]  Exactly. That's just like if I had clients that I did work for and I have income coming from them in the form of accounts receivable and I factor the income to the bank, that doesn't give the bank any claim against my note.
[01:54:48.400 --> 01:54:54.400]  So if they can't come in and adjudicate the provisions in my note, I would still have to do that.
[01:54:54.400 --> 01:54:58.400]  Okay, now here's a big one that I'm going to hit you with.
[01:54:58.400 --> 01:55:04.400]  We know that most of all these trusts are formed under New York and Delaware law.
[01:55:04.400 --> 01:55:19.400]  Let's just assume one of those two states. So you've got a trustee of a trust out of New York coming into Texas, New Mexico, Arizona, Utah, and not a resident of that state. How do they do that?
[01:55:19.400 --> 01:55:21.400]  And they're not what?
[01:55:21.400 --> 01:55:27.400]  They're not a resident of the state. They have no legal rights to the court.
[01:55:27.400 --> 01:55:30.400]  How do they do that?
[01:55:30.400 --> 01:55:34.400]  Good question, Steve. You're working for a lawyer.
[01:55:34.400 --> 01:55:51.400]  And nor are they, chances are, nor are they registered with the states respectively, Secretary of State's office to have the privilege of conducting business in that state.
[01:55:51.400 --> 01:55:56.400]  And along with that comes the use of the courts.
[01:55:56.400 --> 01:56:04.400]  We'll look just at Pennsylvania. How does New York trust come into Pennsylvania when they're not a resident of Pennsylvania?
[01:56:04.400 --> 01:56:15.400]  Now the National Bank, as the principal, has authority, but when the National Bank is acting as an agent, they can't use their principal to engage the court.
[01:56:15.400 --> 01:56:18.400]  That's not transferable, is it?
[01:56:18.400 --> 01:56:28.400]  Wouldn't this, this is a contractual agreement that they will abide by a particular state's law. So if you go into court on the issue.
[01:56:28.400 --> 01:56:32.400]  That's not contractual. That's statutory.
[01:56:32.400 --> 01:56:38.400]  No, where the contract says that New York law will apply.
[01:56:38.400 --> 01:56:41.400]  The law of the state will apply.
[01:56:41.400 --> 01:56:44.400]  That's contractual.
[01:56:44.400 --> 01:56:53.400]  So the contracting parties have agreed that this law, body of law, will apply to any adjudication of an issue.
[01:56:53.400 --> 01:56:56.400]  So if they file suit in a.
[01:56:56.400 --> 01:56:58.400]  Or a specific issue.
[01:56:58.400 --> 01:57:17.400]  In the Texas court, the Texas court could apply the ruling on the validity of the contract based on New York law as they agreed to in the contract. They're not actually bringing New York jurisdiction into Texas.
[01:57:17.400 --> 01:57:19.400]  This is strictly contract.
[01:57:19.400 --> 01:57:24.400]  That's not the way the securities are written.
[01:57:24.400 --> 01:57:28.400]  Good point.
[01:57:28.400 --> 01:57:33.400]  Your contract and the securities contract are not one and the same. They're two different contracts.
[01:57:33.400 --> 01:57:44.400]  What's the securities contract says? We will, we will operate under New York law and we are a resident of New York state.
[01:57:44.400 --> 01:57:51.400]  And their contract is with the investors.
[01:57:51.400 --> 01:57:54.400]  So does it.
[01:57:54.400 --> 01:58:00.400]  So in that case, an issue would have to be adjudicated in New York under the contract.
[01:58:00.400 --> 01:58:03.400]  Is that where we're going?
[01:58:03.400 --> 01:58:09.400]  Well, the trustee for a trust, for an investible, for an intangible investor.
[01:58:09.400 --> 01:58:16.400]  And for the investors, they come to Texas to say, we're collecting it for the investors. Wrong.
[01:58:16.400 --> 01:58:19.400]  They can't do that.
[01:58:19.400 --> 01:58:23.400]  That's a good point. That's a very good point.
[01:58:23.400 --> 01:58:26.400]  Okay guys, I'm going to go.
[01:58:26.400 --> 01:58:30.400]  Thank you for calling in tonight, James.
[01:58:30.400 --> 01:58:35.400]  Okay. This is Ray and Kelvin Steve Skidmore with Radio.
[01:58:35.400 --> 01:58:38.400]  Food for thought.
[01:58:38.400 --> 01:58:41.400]  I'm going to go get some food on the way. You made me hungry.
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