[00:00.000 --> 00:07.560]  This is the Liberty Beat, your daily source for Liberty News and activist updates online
[00:07.560 --> 00:09.160]  at thelibertybeat.com.
[00:09.160 --> 00:14.000]  I'm Brian Hagan with your Liberty Beat for Friday, November 21, 2014.
[00:14.000 --> 00:21.760]  Gold is trading around $1,193, silver is trading around $16.23 and Bitcoin is trading around
[00:21.760 --> 00:22.760]  $350.
[00:22.760 --> 00:28.400]  Today's Precious Metal Price is sponsored by Roberts and Roberts Brokerage Incorporated,
[00:28.400 --> 00:31.680]  specializing in Precious Metal since 1977.
[00:31.680 --> 00:39.280]  Now accepting Bitcoins online are bi.co or by phone 800-874-9760.
[00:39.280 --> 00:44.200]  The Liberty Beat is brought to you by eFoodsDirect, redefining the way you think about storeable
[00:44.200 --> 00:45.200]  food.
[00:45.200 --> 00:49.160]  eFoodsDirect is offering 10% off to all Liberty Beat listeners.
[00:49.160 --> 00:56.160]  Just go to eFoodsDirect.com slash Liberty Beat or call 800-620-5520 and mention Liberty
[00:56.160 --> 00:59.000]  Beat for your savings today.
[00:59.000 --> 01:02.600]  In the news, a common sense middle ground approach.
[01:02.600 --> 01:06.760]  That's what President Barack Obama called his plan regarding immigration reform as unveiled
[01:06.760 --> 01:08.320]  during a speech Thursday night.
[01:08.320 --> 01:12.720]  We're going to keep focusing enforcement resources on actual threats to our security,
[01:12.720 --> 01:18.680]  felons, not families, criminals, not children, gang members, not a mom who's working hard
[01:18.680 --> 01:20.000]  to provide for her kids.
[01:20.000 --> 01:23.640]  The executive order means those undocumented immigrants who have lived in the United States
[01:23.640 --> 01:28.280]  for five years or more, who are the parents of either American citizens or lawful residents,
[01:28.280 --> 01:30.000]  will not be deported.
[01:30.000 --> 01:32.640]  Before that would happen, they would have to undergo criminal and national security
[01:32.640 --> 01:34.040]  background checks.
[01:34.040 --> 01:39.800]  Their status would be reviewed every three years.
[01:39.800 --> 01:44.040]  Supporters of Michael Brown and police officers in riot gear clashed on Wednesday night as
[01:44.040 --> 01:46.960]  Ferguson awaits a decision from the grand jury.
[01:46.960 --> 01:51.640]  About 50 officers in helmets carrying shields and batons charged at a small group of protesters
[01:51.640 --> 01:53.880]  in below freezing temperatures.
[01:53.880 --> 01:57.320]  Protesters reportedly sounded sirens and shouted at the police.
[01:57.320 --> 02:00.560]  Local authorities have said the officers would reserve the right to put on riot gear when
[02:00.560 --> 02:02.760]  they feel their safety is at risk.
[02:02.760 --> 02:09.560]  The smaller protests throughout the week have all been peaceful and non-threatening.
[02:09.560 --> 02:14.000]  On Thursday, thousands of demonstrators across Mexico and the United States took part in
[02:14.000 --> 02:18.720]  strikes and protests to raise awareness on the kidnapping of 43 students from Agualla
[02:18.720 --> 02:21.080]  in the southern state of Guerrero.
[02:21.080 --> 02:24.880]  Officers marched through the streets of Mexico City as well as Houston, Los Angeles and New
[02:24.880 --> 02:25.880]  York.
[02:25.880 --> 02:30.200]  The Liberty Beat is brought to you in part by Marjorie Wildcraft's Grow Your Own Groceries.
[02:30.200 --> 02:32.240]  Homegrown food on every table.
[02:32.240 --> 02:34.840]  That's GrowYourOwnGroceries.org.
[02:34.840 --> 02:38.360]  Support for the Liberty Beat also comes from the Laura Presley-Frostin City Council District
[02:38.360 --> 02:39.880]  4 campaign.
[02:39.880 --> 02:42.680]  Laura made it to the runoff and needs your support.
[02:42.680 --> 02:47.000]  To donate or sign up to volunteer, visit PresleyFrostin.com.
[02:47.000 --> 02:50.160]  Political advertisement made for by the Laura Presley campaign.
[02:50.160 --> 02:51.720]  This is the Liberty Beat.
[02:51.720 --> 02:57.200]  For Friday, November 21, 2014, check out the website at TheLibertyBeat.com and like us
[02:57.200 --> 03:24.760]  on Facebook at facebook.com slash The Liberty Beat.
[03:24.760 --> 03:44.760]  Okay, okay, we are back, Randy Kelton, Steve Skidmore with our radio and we're talking
[03:44.760 --> 03:58.720]  to David in South Dakota, if you had one more question.
[03:58.720 --> 04:09.720]  Yes, I do, on the last day of 2012, I filed a list on the GrowYourOwnGroceries now, the
[04:09.720 --> 04:16.560]  last day of 2012, and then I served notice on the seller at the sale, and no one bid
[04:16.560 --> 04:23.640]  on it, and they bid it back up, and they overbid it, they added $80,000 to the, before she
[04:23.640 --> 04:26.240]  closed it, she added $80,000 to it.
[04:26.240 --> 04:32.640]  Hold on, hold on, hold on, she, are you talking about the auctioneer?
[04:32.640 --> 04:40.000]  Auctioneer, right, she was an agent for the WC Bank.
[04:40.000 --> 04:43.240]  Okay, well here's kind of how the auction works.
[04:43.240 --> 04:51.240]  Can I ask you this question, oh, just a minute, Randy, I thought of the wind dependence because
[04:51.240 --> 05:00.920]  they had not answered, in 2009 I filed an answer to a foreclosure action, and the reason
[05:00.920 --> 05:07.800]  I had stopped making the payments was because they were, it was a homestead, loan against
[05:07.800 --> 05:13.760]  the homestead where I owned it outright, and I went in and borrowed money, and they couldn't,
[05:13.760 --> 05:19.160]  they couldn't make the balance higher than the original note, well, right off the bat
[05:19.160 --> 05:24.840]  they jumped it up to $3,000 above the original note, and I went back and filed that list
[05:24.840 --> 05:31.040]  dependence because they never answered that point in the foreclosure, and my conviction
[05:31.040 --> 05:40.280]  is how many years after I filed the list dependence telling the courts and the public that you
[05:40.280 --> 05:48.040]  didn't answer this, this, it was a rebuttal lawsuit, in other words, it was the second
[05:48.040 --> 05:58.360]  I sued the lender for that, for breaking the Texas Constitution where it says you can't
[05:58.360 --> 06:01.360]  go about the original amount of the loan.
[06:01.360 --> 06:10.360]  Okay, wait a minute, you countersued the lender, or did you countersue, or did you claim that
[06:10.360 --> 06:13.320]  as a affirmative defense?
[06:13.320 --> 06:15.240]  No, I countersued.
[06:15.240 --> 06:22.200]  I filed a countersuit and it was never adjudicated, and that was what my list dependence was the
[06:22.200 --> 06:26.320]  day before the sale, I went in and filed a list dependence that the countersuit had never
[06:26.320 --> 06:28.440]  been adjudicated.
[06:28.440 --> 06:34.800]  So then I served papers on the woman who was a representative that was holding the sale
[06:34.800 --> 06:40.840]  for the bank, and I gave everyone at the sale notice that they would become part of
[06:40.840 --> 06:47.000]  the lawsuit, and I gave them a copy of the list dependence if they didn't bid on it.
[06:47.000 --> 06:50.760]  Okay, so what is your end question?
[06:50.760 --> 06:57.080]  My question, that was the last day of 2012, and it's sold on the first day of 2013.
[06:57.080 --> 07:03.120]  The question is, what is the statute of limitations on my list dependence?
[07:03.120 --> 07:05.040]  There isn't one.
[07:05.040 --> 07:08.320]  Your list dependence is there so long as you've got a suit filed.
[07:08.320 --> 07:11.640]  Did you have a suit filed?
[07:11.640 --> 07:12.640]  Yes, I did.
[07:12.640 --> 07:13.640]  It was mine.
[07:13.640 --> 07:14.640]  It was mine.
[07:14.640 --> 07:21.520]  Yeah, there was a foreclosure action on a home equity and he filed a counterclaim and
[07:21.520 --> 07:23.680]  it wasn't adjudicated.
[07:23.680 --> 07:33.360]  So the list dependence merely gives notice, it does not reflect any legal duty.
[07:33.360 --> 07:42.760]  But what it does to the trustee who did the sale, you see, the trustee is protected from
[07:42.760 --> 07:48.720]  civil litigation so long as the trustee acts in good faith.
[07:48.720 --> 07:56.600]  Your giving notice to the trustee technically wasn't necessary, but it's a good thing that
[07:56.600 --> 07:57.600]  you did.
[07:57.600 --> 08:03.760]  The trustee cannot claim that the trustee was not aware that there was a list dependence
[08:03.760 --> 08:06.440]  filed in the case.
[08:06.440 --> 08:09.360]  Did you have a cause number on your list dependence?
[08:09.360 --> 08:12.440]  I sure do, yes I did.
[08:12.440 --> 08:15.160]  Absolutely perfect, okay, good.
[08:15.160 --> 08:21.520]  So then he or she has not been given constructive but actual notice.
[08:21.520 --> 08:27.760]  And here gave her notice and it was recorded auditively.
[08:27.760 --> 08:31.840]  Okay, I couldn't hear that.
[08:31.840 --> 08:38.240]  When she drove up to the sale, she got out of her little van, I told her who I was and
[08:38.240 --> 08:46.960]  I said I handed her the copies of the instruments and it was being recorded, everything I told
[08:46.960 --> 08:48.600]  her and what I was doing.
[08:48.600 --> 08:50.920]  Okay, okay, hold on, we got that, we got that.
[08:50.920 --> 08:57.920]  If she has notice of less dependence, that means she has no immunity from suit, sue the
[08:57.920 --> 08:58.920]  trustee.
[08:58.920 --> 08:59.920]  Personally.
[08:59.920 --> 09:08.280]  And then I sent her personally a notice at her home and she refused to take us.
[09:08.280 --> 09:15.080]  That's okay, she's got all the notice she needs, sue her personally.
[09:15.080 --> 09:21.080]  Do you want to sell your property, have they attempted to evict?
[09:21.080 --> 09:27.320]  Yes, actually I moved to South Dakota, my mother passed away shortly thereafter and
[09:27.320 --> 09:30.200]  I moved, brought my brother to South Dakota.
[09:30.200 --> 09:36.120]  Okay, well you, the only reason you moved to South Dakota is because they were throwing
[09:36.120 --> 09:39.200]  you out of your properties.
[09:39.200 --> 09:40.200]  Right.
[09:40.200 --> 09:46.560]  So, they forced you to move and lose your home and you had to go to another state, oh
[09:46.560 --> 09:52.440]  it was horrendous, so the emotional distress was just horrible.
[09:52.440 --> 09:58.600]  The pain and suffering, you're still suffering aren't you?
[09:58.600 --> 10:02.680]  Every day, I think Jeff asked the night thinking about everything that I love that I had to
[10:02.680 --> 10:03.680]  leave.
[10:03.680 --> 10:09.320]  I could tell, I could tell, sue the trustee, the trustee will have a conniption when you
[10:09.320 --> 10:19.160]  sue the trustee, but before you do that, okay, look close at everything that's in the county
[10:19.160 --> 10:22.160]  recorder's office.
[10:22.160 --> 10:29.400]  Make sure that the trustee was properly appointed, that the trustee was appointed by someone
[10:29.400 --> 10:38.280]  who had standing to make the appointment by way of documents filed in the public record.
[10:38.280 --> 10:43.560]  Don't pay any attention to what anybody says.
[10:43.560 --> 10:53.720]  In Texas, if it's not filed in the public record, it's void as to the holder, so, okay,
[10:53.720 --> 10:57.880]  you look at the original lender.
[10:57.880 --> 11:00.560]  Chances are it's the same in South Dakota.
[11:00.560 --> 11:05.000]  Did the original lender go out of business and if they did, was there a transfer of the
[11:05.000 --> 11:11.480]  security instrument to another entity prior to the demise?
[11:11.480 --> 11:14.120]  Yeah, that was going to be the next thing.
[11:14.120 --> 11:19.440]  Was there a transfer and if there was a transfer, was the transfer before the other one went
[11:19.440 --> 11:25.480]  out of business because a dead guy can't do a transfer and then if there was a proper
[11:25.480 --> 11:35.240]  transfer, who was there an appointment of a substitute trustee?
[11:35.240 --> 11:40.680]  We had one here in Texas, the only one I ever saw that was perfect.
[11:40.680 --> 11:44.600]  They did everything right.
[11:44.600 --> 11:49.640]  Then they sold the property and evicted the woman and filed a substitute trustee deed.
[11:49.640 --> 11:55.600]  I went and looked in the record and they never appointed the substitute trustee.
[11:55.600 --> 11:58.200]  They just couldn't help themselves.
[11:58.200 --> 12:04.680]  They had to screw it up, so look in the public record.
[12:04.680 --> 12:15.600]  That will likely give you claims that's really easy for the judge to wrap his head around.
[12:15.600 --> 12:24.720]  Because of the nature of this case we spoke about earlier, you get the breach of contract
[12:24.720 --> 12:32.760]  claims, you get fraud claims, so look at that before you do anything, but the less pendants
[12:32.760 --> 12:38.160]  only gives notice, but it opens the door so you can sue.
[12:38.160 --> 12:43.160]  When you sue the trustee, the trustee is going to turn right around and sue the bank.
[12:43.160 --> 12:51.480]  It gives you more leverage, more political pressure.
[12:51.480 --> 13:00.040]  You're not saying that the claimant doesn't have a right to look at you for the remedy?
[13:00.040 --> 13:05.600]  I see what you're saying.
[13:05.600 --> 13:10.360]  The remedy, he's not the proper pointee.
[13:10.360 --> 13:19.040]  Well, yeah, make sure everything's done in due process of law.
[13:19.040 --> 13:26.000]  Yeah, right down the line, recorded, dot, dot, down the line, dot, dot, in the courthouse.
[13:26.000 --> 13:34.560]  Right, this was in Texas, so you granted them the privilege of a claim against the property,
[13:34.560 --> 13:40.760]  and you granted them the privilege of a confessed judgment against the property.
[13:40.760 --> 13:47.880]  They can't exercise those privileges unless they've complied with all the covenant restrictions.
[13:47.880 --> 13:53.360]  You can't breach the contract and then try to claim to benefit in the contract, and that's
[13:53.360 --> 13:56.280]  the position you take.
[13:56.280 --> 14:03.360]  This bank was the eighth person from AmeriQuest to Deutsche Bank, the eighth collector of the
[14:03.360 --> 14:05.200]  note.
[14:05.200 --> 14:06.200]  They'll have them.
[14:06.200 --> 14:11.800]  It'll be almost impossible for them to prove up a chain of title.
[14:11.800 --> 14:21.400]  If you have eight in there, you might want to talk to Joe Esquivel and get an analysis.
[14:21.400 --> 14:27.040]  I need to spend time in the courthouse getting my paperwork.
[14:27.040 --> 14:30.560]  You can get, what county were you in?
[14:30.560 --> 14:33.560]  Well, Travis County.
[14:33.560 --> 14:43.800]  Okay, you can go online and pull all these records from the county recorders off online.
[14:43.800 --> 14:58.960]  Hold on, Steve, David, can you understand Steve?
[14:58.960 --> 15:03.960]  He was getting garbled. I did understand him, but he was getting garbled.
[15:03.960 --> 15:07.960]  Okay, so I always did that because I'm having trouble understanding.
[15:07.960 --> 15:11.960]  Okay, I'm understanding. You've got a real hard one.
[15:11.960 --> 15:13.960]  I'm trying to figure it out again.
[15:13.960 --> 15:16.960]  David, am I doing it better?
[15:16.960 --> 15:22.960]  Okay, I'll take him out. You're kind of fading. You've kind of screwed up on us.
[15:22.960 --> 15:28.960]  Okay, David, first thing is look through the county record,
[15:28.960 --> 15:31.960]  and if you have any questions about it, send me an email.
[15:31.960 --> 15:34.960]  Randy at ruleoflarradio.com.
[15:34.960 --> 15:42.960]  And if you want to send me the documents, and I can give you a real quick overview of what I find is main problems.
[15:42.960 --> 15:51.960]  You want to collect every document filed in the record from the date of this particular transaction.
[15:51.960 --> 15:58.960]  From the date the deed of trust was filed for the home equity loan.
[15:58.960 --> 16:07.960]  Okay, do that, and then send it to me. I'll look it over, and then call us back next week.
[16:07.960 --> 16:13.960]  Okay, well, I don't have all those records by next week, but I'll have a good piece of them.
[16:13.960 --> 16:18.960]  Okay, get it as soon as you can, and get them to me, and I'll have a look at them.
[16:18.960 --> 16:23.960]  Okay, we need to move along. We're going to go to Marcus in Virginia.
[16:23.960 --> 16:27.960]  Hello, Marcus. You got 15 seconds.
[16:27.960 --> 16:30.960]  Oh, really? Can you hear me?
[16:30.960 --> 16:34.960]  Now, time's up.
[16:34.960 --> 16:37.960]  You are out of luck, Marcus.
[16:37.960 --> 16:43.960]  Hang on. We're about to go to break. This is Randy Kelton. Please get more of rule of law radio.
[16:43.960 --> 16:52.960]  Call in number 512-646-1984. John.
[16:52.960 --> 16:59.960]  We've got a couple calls. We'll be right back.
[16:59.960 --> 17:05.960]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[17:05.960 --> 17:10.960]  People feed their pets better than they feed themselves, and it's time we changed all that.
[17:10.960 --> 17:16.960]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[17:16.960 --> 17:21.960]  In a world where natural foods have been irradiated, adulterated, and mutilated,
[17:21.960 --> 17:24.960]  young Jevity can provide the nutrients you need.
[17:24.960 --> 17:30.960]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
[17:30.960 --> 17:33.960]  We have come to trust young Jevity so much.
[17:33.960 --> 17:39.960]  We became a marketing distributor along with Alex Jones, Ben Fuchs, and many others.
[17:39.960 --> 17:46.960]  When you order from LogosRadioNetwork.com, your health will improve as you help support quality radio.
[17:46.960 --> 17:51.960]  As you realize the benefits of young Jevity, you may want to join us.
[17:51.960 --> 17:59.960]  As a distributor, you can experience improved health, help your friends and family, and increase your income. Order now.
[17:59.960 --> 18:04.960]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:04.960 --> 18:12.960]  Stop debt collectors now with the Michael Meares proven method. Michael Meares has won six cases in federal court against debt collectors,
[18:12.960 --> 18:20.960]  and now you can win two. You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes.
[18:20.960 --> 18:26.960]  What to do when contacted by phones, mail, or court summons? How to answer letters and phone calls?
[18:26.960 --> 18:28.960]  How to get debt collectors out of your credit reports?
[18:28.960 --> 18:33.960]  How to turn the financial tables on them and make them pay you to go away?
[18:33.960 --> 18:38.960]  The Michael Meares proven method is the solution for how to stop debt collectors.
[18:38.960 --> 18:44.960]  Personal consultation is available as well. For more information, please visit ruleoflawradio.com
[18:44.960 --> 18:49.960]  and click on the blue Michael Meares banner, or email MichaelMeares at yahoo.com.
[18:49.960 --> 19:00.960]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[19:00.960 --> 19:10.960]  You are listening to the Logos Radio Network. LogosRadioNetwork.com
[19:30.960 --> 19:59.960]  Welcome back to ruleoflawradio, folks. 512-646-1984.
[19:59.960 --> 20:06.960]  We'll fill up that last spot behind Marcus, John, and Claudio in California.
[20:06.960 --> 20:12.960]  Before we went to break, we were speaking with Marcus in Virginia, but before we go back to Marcus,
[20:12.960 --> 20:17.960]  let me say that we are experiencing some technical difficulty,
[20:17.960 --> 20:24.960]  and Randy is frantically working in the background on trying to fix that hum on his system.
[20:24.960 --> 20:31.960]  So, I hope I'm coming through all right. Marcus, where did we leave off?
[20:31.960 --> 20:35.960]  I'm sorry, I died. My memory does not serve.
[20:35.960 --> 20:37.960]  Can you hear me?
[20:37.960 --> 20:38.960]  Yes, we can.
[20:38.960 --> 20:39.960]  Hello?
[20:39.960 --> 20:40.960]  Yes, hello.
[20:40.960 --> 20:45.960]  Actually, my question was for Randy, though.
[20:45.960 --> 20:50.960]  I'm sorry, this might be off topic, but I wanted to talk about a traffic question.
[20:50.960 --> 20:52.960]  Okay.
[20:52.960 --> 20:56.960]  My battery is about to die, so I may as well go ahead and ask this, and he can answer later.
[20:56.960 --> 20:59.960]  Let her rip. Go ahead.
[20:59.960 --> 21:09.960]  Okay. What I wanted to know is basically, I've seen...
[21:09.960 --> 21:12.960]  Marcus, you just disappeared.
[21:12.960 --> 21:14.960]  I think his battery died.
[21:14.960 --> 21:16.960]  I think it may have.
[21:16.960 --> 21:22.960]  Oh, dude, find a landline if you're... Yeah, Marcus, if you're still listening,
[21:22.960 --> 21:27.960]  find a landline, plug in, do something, call back.
[21:27.960 --> 21:30.960]  Sorry, battery died.
[21:30.960 --> 21:33.960]  John in Texas, shift gears.
[21:33.960 --> 21:36.960]  Hi, John. What have you got for us tonight?
[21:36.960 --> 21:38.960]  I want to ask you something.
[21:38.960 --> 21:41.960]  I talked to Randy about a week ago.
[21:41.960 --> 21:43.960]  Might have been two weeks ago.
[21:43.960 --> 21:46.960]  Randy, you have my sympathy.
[21:46.960 --> 21:49.960]  Here's my problem.
[21:49.960 --> 21:54.960]  Oh, great. Okay, next car.
[21:54.960 --> 21:58.960]  I'm sorry, I just had to say that.
[21:58.960 --> 22:04.960]  Okay, I was looking at a full closure on February 4th of this year.
[22:04.960 --> 22:09.960]  I filed bankruptcy on Chapter 13.
[22:09.960 --> 22:14.960]  After I filed the bankruptcy, I converted from a 13 to a 7.
[22:14.960 --> 22:16.960]  To a 7.
[22:16.960 --> 22:21.960]  Okay. I did not have a secured party.
[22:21.960 --> 22:25.960]  I think it was ELF, unsecured.
[22:25.960 --> 22:31.960]  And I was discharged the 23rd of July of this year.
[22:31.960 --> 22:33.960]  No... Okay.
[22:33.960 --> 22:36.960]  I didn't file any claims.
[22:36.960 --> 22:40.960]  I'm looking at a full closure on the 2nd of December,
[22:40.960 --> 22:44.960]  about 10 days away.
[22:44.960 --> 22:47.960]  I need something real strong,
[22:47.960 --> 22:51.960]  because I've got three different people.
[22:51.960 --> 22:56.960]  Bank of America, one of the attorneys that's representing
[22:56.960 --> 23:00.960]  is Trustee, and then I had this other attorney
[23:00.960 --> 23:03.960]  out of Pennsylvania come out of the woodwork.
[23:03.960 --> 23:06.960]  They're coming to ask me hot and fast.
[23:06.960 --> 23:12.960]  I think what they think is, I know too much.
[23:12.960 --> 23:16.960]  You've... Okay, so before you...
[23:16.960 --> 23:18.960]  Let's pause right here.
[23:18.960 --> 23:20.960]  You said there's three parties.
[23:20.960 --> 23:25.960]  You named B of A, some attorney out of nowhere.
[23:25.960 --> 23:28.960]  Who's the third party?
[23:28.960 --> 23:35.960]  Well, I've got some promissory notes.
[23:35.960 --> 23:37.960]  No, no, no. Who's the third party?
[23:37.960 --> 23:39.960]  You said there's three parties,
[23:39.960 --> 23:41.960]  but you only named two, Bank of America
[23:41.960 --> 23:43.960]  and some attorney that showed up out of nowhere.
[23:43.960 --> 23:46.960]  Where's number three?
[23:46.960 --> 23:49.960]  Okay. There's one in Dallas that...
[23:49.960 --> 23:53.960]  One what? One what in Dallas?
[23:53.960 --> 23:58.960]  Okay, they're changed the trustee.
[23:58.960 --> 24:01.960]  Who's they? Wait a minute. Let's back up.
[24:01.960 --> 24:03.960]  I can't think what that number is.
[24:03.960 --> 24:06.960]  That's okay. Let's back up.
[24:06.960 --> 24:10.960]  Let's back up just a little bit. Okay.
[24:10.960 --> 24:12.960]  Bank of America, you mentioned.
[24:12.960 --> 24:15.960]  What role does Bank of America play in here?
[24:15.960 --> 24:19.960]  Are they the servicer or are they the lender?
[24:19.960 --> 24:24.960]  Yes, sir. America's wholesale lender,
[24:24.960 --> 24:27.960]  New York Corporation, did not exist.
[24:27.960 --> 24:29.960]  They got that through...
[24:29.960 --> 24:32.960]  Okay. Hold on. Hold on.
[24:32.960 --> 24:36.960]  Was American wholesale lender the original lender?
[24:36.960 --> 24:39.960]  Yes.
[24:39.960 --> 24:41.960]  Okay.
[24:41.960 --> 24:44.960]  Big problem.
[24:44.960 --> 24:48.960]  So, okay, let's put that issue aside.
[24:48.960 --> 24:52.960]  So, Bank of America is claiming to be servicer
[24:52.960 --> 24:54.960]  for American wholesale lenders.
[24:54.960 --> 24:57.960]  Now, some attorney shows up out of nowhere
[24:57.960 --> 24:59.960]  and says, hey, you better pay up today
[24:59.960 --> 25:03.960]  or guess what, just get boxes on your way home
[25:03.960 --> 25:05.960]  from the grocery store, right?
[25:05.960 --> 25:06.960]  Yes.
[25:06.960 --> 25:08.960]  Okay.
[25:08.960 --> 25:11.960]  So, American wholesale lender, I take it,
[25:11.960 --> 25:15.960]  is that third entity that you referred to
[25:15.960 --> 25:18.960]  said there were three parties involved?
[25:18.960 --> 25:22.960]  No. It's an attorney firm in Dallas.
[25:22.960 --> 25:25.960]  It's that name that y'all mentioned earlier about...
[25:25.960 --> 25:29.960]  Barrett Def and Frappier Turner and Engel.
[25:29.960 --> 25:32.960]  Am I warm?
[25:32.960 --> 25:34.960]  Yes, that's him.
[25:34.960 --> 25:36.960]  Okay. They're not out of Dallas.
[25:36.960 --> 25:39.960]  They're at 1500 Surveyor Boulevard in Addison, Texas,
[25:39.960 --> 25:42.960]  a suburb of Dallas, but okay.
[25:42.960 --> 25:44.960]  Right. Okay. We're on the same page.
[25:44.960 --> 25:46.960]  Yes, sir.
[25:46.960 --> 25:48.960]  Let me correct that name.
[25:48.960 --> 25:53.960]  It's Barrett Def and Frappier and Kiss My Behind.
[25:53.960 --> 25:56.960]  Barrett, Friggin, Turden, Engel.
[25:56.960 --> 26:00.960]  Sorry, we may have to cut that out for archive purposes,
[26:00.960 --> 26:04.960]  but boy, how did we get so distracted?
[26:04.960 --> 26:07.960]  Okay. We've got Bank of America servicing
[26:07.960 --> 26:13.960]  for a non-existent company as per the Florida decision
[26:13.960 --> 26:17.960]  and some attorneys that are claiming to represent somebody
[26:17.960 --> 26:22.960]  who doesn't exist or are they representing the servicer?
[26:22.960 --> 26:24.960]  If they're representing the servicer,
[26:24.960 --> 26:28.960]  then they've got the wrong party in their pocket.
[26:28.960 --> 26:31.960]  The servicer...
[26:31.960 --> 26:33.960]  Go ahead.
[26:33.960 --> 26:36.960]  Okay.
[26:36.960 --> 26:41.960]  There are three America's Hostel lenders.
[26:41.960 --> 26:46.960]  Number one is the one that claims to be in New York Corporation.
[26:46.960 --> 26:49.960]  I've got certified copy that never existed.
[26:49.960 --> 26:56.960]  The second is United States Patent and Trademark Office
[26:56.960 --> 27:03.960]  where they trademarked that name, America's Hostel Lender.
[27:03.960 --> 27:05.960]  Okay.
[27:05.960 --> 27:09.960]  And the third one is America's Hostel Lender's DBA.
[27:09.960 --> 27:14.960]  Okay. It expired the DBA here in Texas,
[27:14.960 --> 27:22.960]  February the 1st, 2013.
[27:22.960 --> 27:27.960]  Here's the problem.
[27:27.960 --> 27:35.960]  Bank of America sent me a copy of a promissory note
[27:35.960 --> 27:39.960]  and it was a forgery that I did.
[27:39.960 --> 27:41.960]  Stop right there.
[27:41.960 --> 27:44.960]  Stop right there.
[27:44.960 --> 27:46.960]  Santiago v. Mackie.
[27:46.960 --> 27:48.960]  Well, hang on, hang on, hang on.
[27:48.960 --> 27:55.960]  Before we go there, what makes you say it is a forgery?
[27:55.960 --> 28:02.960]  I have six copies of a promissory note
[28:02.960 --> 28:06.960]  and it's nothing like the one that they had.
[28:06.960 --> 28:10.960]  Here's the way they did the forgery.
[28:10.960 --> 28:16.960]  They did a stamp that had David A. Proctor's name on it.
[28:16.960 --> 28:18.960]  It's just a stamp.
[28:18.960 --> 28:20.960]  And who is David A. Proctor?
[28:20.960 --> 28:25.960]  He used to be with county, countrywide,
[28:25.960 --> 28:30.960]  and he left in August of 2006.
[28:30.960 --> 28:36.960]  Okay. Are you talking about the backside of the note?
[28:36.960 --> 28:40.960]  Now, this was just stamped about two months ago.
[28:40.960 --> 28:43.960]  Stamped where?
[28:43.960 --> 28:47.960]  Well, it was stamped up there at a...
[28:47.960 --> 28:49.960]  No, no, no. I'm not talking about...
[28:49.960 --> 28:52.960]  Okay. Not a geographical area.
[28:52.960 --> 28:54.960]  A physical area on a document.
[28:54.960 --> 28:56.960]  Where was it stamped?
[28:56.960 --> 28:58.960]  Was it stamped on the front?
[28:58.960 --> 29:00.960]  Was it stamped on the back?
[29:00.960 --> 29:04.960]  Was it stamped on a piece of paper all by itself?
[29:04.960 --> 29:08.960]  No, it was stamped on the third page of the promissory note.
[29:08.960 --> 29:11.960]  Okay, okay.
[29:11.960 --> 29:18.960]  So you've got one alleged note or a copy of an alleged note
[29:18.960 --> 29:20.960]  with a stamp on page three.
[29:20.960 --> 29:23.960]  Now they're saying that they're producing a note
[29:23.960 --> 29:27.960]  that is absent that stamp?
[29:27.960 --> 29:32.960]  I have six copies, which are facts to me,
[29:32.960 --> 29:37.960]  that have a footprint on the top of it,
[29:37.960 --> 29:41.960]  and it does not have this man's stamp on it.
[29:41.960 --> 29:45.960]  Okay. Let's pause right there,
[29:45.960 --> 29:47.960]  and we'll come back to that on the other side of the break, folks.
[29:47.960 --> 29:50.960]  512-646-1984.
[29:50.960 --> 29:53.960]  We'll fill the blank spot in our caller list.
[29:53.960 --> 29:59.960]  We'll be right back. You're listening to rule already.
[29:59.960 --> 30:01.960]  Are you lucky?
[30:01.960 --> 30:03.960]  Researchers say living a charmed life
[30:03.960 --> 30:06.960]  is more about the choices you make than fate.
[30:06.960 --> 30:07.960]  I'm Dr. Catherine Albrecht,
[30:07.960 --> 30:09.960]  and I'll be back with four behaviors
[30:09.960 --> 30:11.960]  that increase your odds of finding a pot of gold
[30:11.960 --> 30:13.960]  at the end of your rainbow.
[30:13.960 --> 30:15.960]  Your search engine is watching you,
[30:15.960 --> 30:17.960]  recording all your searches,
[30:17.960 --> 30:20.960]  and creating a massive database of your personal information.
[30:20.960 --> 30:23.960]  That's creepy, but it doesn't have to be that way.
[30:23.960 --> 30:26.960]  StartPage.com is the world's most private search engine.
[30:26.960 --> 30:28.960]  StartPage doesn't store your IP address,
[30:28.960 --> 30:30.960]  make a record of your searches,
[30:30.960 --> 30:33.960]  or use tracking cookies and their third-party certified.
[30:33.960 --> 30:35.960]  If you don't like Big Brother spying on you,
[30:35.960 --> 30:37.960]  start over with StartPage.
[30:37.960 --> 30:40.960]  Great search results and total privacy.
[30:40.960 --> 30:43.960]  StartPage.com, the world's most private search engine.
[30:43.960 --> 30:45.960]  According to psychologist Richard Wiseman,
[30:45.960 --> 30:47.960]  people blessed with good fortune
[30:47.960 --> 30:50.960]  practice four behaviors that set them apart.
[30:50.960 --> 30:52.960]  Lucky people don't wait around for a windfall.
[30:52.960 --> 30:54.960]  They make what happen.
[30:54.960 --> 30:56.960]  They network and keep an eye out for opportunities,
[30:56.960 --> 30:57.960]  then they act on them.
[30:57.960 --> 30:59.960]  Lucky people develop their intuition
[30:59.960 --> 31:01.960]  and trust their gut feelings.
[31:01.960 --> 31:04.960]  Lucky people expect good things to happen to them.
[31:04.960 --> 31:06.960]  They persist in working toward their goals
[31:06.960 --> 31:08.960]  because they believe in positive outcomes.
[31:08.960 --> 31:12.960]  These expectations become self-fulfilling prophecies.
[31:12.960 --> 31:15.960]  And finally, lucky people turn lemons into lemonade.
[31:15.960 --> 31:17.960]  They don't dwell on setbacks.
[31:17.960 --> 31:19.960]  Rather, they find ways to take control
[31:19.960 --> 31:22.960]  and turn situations around in their favor.
[31:22.960 --> 31:24.960]  I'm Dr. Catherine Albrecht.
[31:24.960 --> 31:47.960]  Thanks for watching.
[31:54.960 --> 31:59.960]  Call 888-910-4367 only at USA.org.
[32:25.960 --> 32:27.960]  Former Sheriff's Deputy Eddie Craig
[32:27.960 --> 32:29.960]  in conjunction with Rule of Law Radio
[32:29.960 --> 32:31.960]  has put together the most comprehensive teaching tool available
[32:31.960 --> 32:33.960]  that will help you understand what due process is
[32:33.960 --> 32:35.960]  and how to hold reports to the rule of law.
[32:35.960 --> 32:37.960]  You can get your own copy of this invaluable material
[32:37.960 --> 32:39.960]  by going to ruleoflawradio.com
[32:39.960 --> 32:41.960]  and ordering your copy today.
[32:41.960 --> 32:43.960]  By ordering now, you will receive a copy of Eddie's book,
[32:43.960 --> 32:45.960]  The Texas Transportation Code, The Law vs. the Lie,
[32:45.960 --> 32:47.960]  video and audio of the original 2009 seminar,
[32:47.960 --> 32:49.960]  hundreds of research documents
[32:49.960 --> 32:51.960]  and other useful resource material.
[32:51.960 --> 32:53.960]  Learn how to fight for your rights
[32:53.960 --> 32:55.960]  by going to ruleoflawradio.com.
[32:55.960 --> 32:57.960]  Order your copy today and together,
[32:57.960 --> 33:00.960]  we can have free society we all want and deserve.
[33:00.960 --> 33:03.960]  Live free speech radio,
[33:03.960 --> 33:30.960]  logosradionetwork.com.
[33:33.960 --> 33:38.960]  I want to say I, I, I want
[33:38.960 --> 33:41.960]  What I want
[33:41.960 --> 33:45.960]  I won't let you pull the gun once
[33:45.960 --> 33:49.960]  Over my eyes
[33:49.960 --> 33:52.960]  I must refuse your new
[33:52.960 --> 33:56.960]  Also hurting lies
[33:56.960 --> 33:59.960]  You seem to like this bet
[33:59.960 --> 34:04.760]  But please take some words to the wise
[34:04.760 --> 34:11.120]  Okay we are back, Randy Kelton, Steve Skidmore, we were on radio and we're talking to John
[34:11.120 --> 34:14.120]  in Texas and John.
[34:14.120 --> 34:18.720]  Now remember who you are, you're the one that did such good research on all these companies
[34:18.720 --> 34:19.720]  and such.
[34:19.720 --> 34:20.720]  Ops.
[34:20.720 --> 34:25.720]  There's the disk.
[34:25.720 --> 34:32.560]  Okay so let's start, let's back up and tell us who are the three companies, the American
[34:32.560 --> 34:33.560]  Wholesale Limbers.
[34:33.560 --> 34:36.560]  She mentioned that in the sub-Rover Dallas.
[34:36.560 --> 34:41.920]  Okay, wait, wait, you can't talk while I'm talking because we have suppressors on the
[34:41.920 --> 34:42.920]  line.
[34:42.920 --> 34:45.920]  Let me break in here, let me break in here.
[34:45.920 --> 34:51.880]  The first one mentioned was a New York corporation that doesn't exist.
[34:51.880 --> 34:59.720]  The second reference was at the USPTO, that's the United States Patent Trademark Office,
[34:59.720 --> 35:05.040]  where the name American Wholesale Limbers was trademarked.
[35:05.040 --> 35:17.480]  The third was a Texas DBA doing business as that expired on February 1, 2013.
[35:17.480 --> 35:20.040]  Am I off track here?
[35:20.040 --> 35:23.400]  That's exactly right.
[35:23.400 --> 35:29.840]  Who filed the DBA?
[35:29.840 --> 35:30.840]  Is that country-wide?
[35:30.840 --> 35:31.840]  Yes, California.
[35:31.840 --> 35:32.840]  Uh-huh.
[35:32.840 --> 35:49.480]  They did that in 2003, those DBAs are only good for 10 years.
[35:49.480 --> 35:56.920]  Andy you'd mentioned over the break that, oh dear, what was it you mentioned over there?
[35:56.920 --> 36:04.520]  Some guys in New York incorporated American Wholesale Limbers.
[36:04.520 --> 36:10.080]  They figured out that American Wholesale Limbers was never incorporated in New York and we
[36:10.080 --> 36:16.400]  just got a case out of Florida to that effect.
[36:16.400 --> 36:22.760]  And that case was a really big deal because on the one hand they said that MERS could
[36:22.760 --> 36:28.280]  not do an assignment for a non-existent company.
[36:28.280 --> 36:34.400]  And on the other, they said that American Wholesale Limbers claimed to be incorporated
[36:34.400 --> 36:41.040]  in New York, but it was never incorporated in New York, therefore they could not do business
[36:41.040 --> 36:43.320]  in Florida.
[36:43.320 --> 36:50.640]  And because of that, they had to expunge all the monies that they had collected from the
[36:50.640 --> 36:57.680]  borrower and return it to the borrower and the deed of trust was rendered void and the
[36:57.680 --> 36:59.880]  note was canceled.
[36:59.880 --> 37:04.840]  They lost everything, big time.
[37:04.840 --> 37:08.320]  John are you familiar with that case?
[37:08.320 --> 37:09.320]  Yes.
[37:09.320 --> 37:10.320]  Good.
[37:10.320 --> 37:11.320]  Okay.
[37:11.320 --> 37:15.200]  And then where are we with you?
[37:15.200 --> 37:19.000]  What do you want to ask us or a comment about?
[37:19.000 --> 37:20.000]  Okay.
[37:20.000 --> 37:26.480]  Now, I need to tell you this, the U.S. Patent and Trademark Office with that name that's
[37:26.480 --> 37:31.320]  registered, it's a copyrighted trademarked way.
[37:31.320 --> 37:44.480]  When they filed that document in 1993 or 1995, they signed an affidavit that this name is
[37:44.480 --> 37:54.120]  only for advertisement and there's about eight different affidavits, Title 18 sectional.
[37:54.120 --> 38:01.000]  That's what Randy was saying over the break that I couldn't remember.
[38:01.000 --> 38:06.480]  Tell me, have you looked into what that means?
[38:06.480 --> 38:07.480]  Yes.
[38:07.480 --> 38:14.960]  When they got, when they were granted, I use the word gray, it's countrywide, they cannot
[38:14.960 --> 38:16.480]  use that name.
[38:16.480 --> 38:24.440]  It's only for advertisement purposes only and the word countrywide has to be used with
[38:24.440 --> 38:25.440]  that.
[38:25.440 --> 38:26.440]  Oops.
[38:26.440 --> 38:34.200]  Now, I probably need to explain this to you.
[38:34.200 --> 38:37.240]  Can you not see your remedy already?
[38:37.240 --> 38:41.040]  You do?
[38:41.040 --> 38:43.520]  The remedy...
[38:43.520 --> 38:51.080]  Listening to John and considering the depth of his research, I suspect he does know what
[38:51.080 --> 38:53.080]  the remedy is.
[38:53.080 --> 38:58.320]  Okay, I got to...I need to explain this to you.
[38:58.320 --> 39:08.000]  The reason why countrywide was using the name America's Hostel Lender by New York Corporation,
[39:08.000 --> 39:17.560]  the title companies, they stopped using the word America's Hostel Lender, DBA, countrywide.
[39:17.560 --> 39:19.560]  They didn't like it.
[39:19.560 --> 39:24.560]  So, countrywide said, well, we'll go file for a corporation in New York.
[39:24.560 --> 39:25.560]  They lied.
[39:25.560 --> 39:26.560]  They didn't do it.
[39:26.560 --> 39:36.400]  And that's why the title companies started writing title policies again, and they lied
[39:36.400 --> 39:38.400]  about it.
[39:38.400 --> 39:41.280]  Anyway, here's my predicament.
[39:41.280 --> 39:46.760]  Oh, this sounds rich, sounds rich for litigation.
[39:46.760 --> 39:56.000]  Okay, I need to do something like real fast, and I am going to go back into the bankruptcy
[39:56.000 --> 40:06.480]  court and file, it's called the writ of, I have to spell this for you, it's R-E-P-L-E-D-I-N.
[40:06.480 --> 40:09.080]  I still...
[40:09.080 --> 40:10.080]  Repleven.
[40:10.080 --> 40:11.080]  Repleven, yeah.
[40:11.080 --> 40:19.880]  Okay, it's my understanding, if I open up that bankruptcy court and the lady, I have
[40:19.880 --> 40:28.240]  her name, that's forged this promissory note, she said, well, I have the original, I can't
[40:28.240 --> 40:29.240]  send that to you.
[40:29.240 --> 40:30.240]  Well, I understand why.
[40:30.240 --> 40:35.480]  What I would like for the bankruptcy court to do is get a U.S. Marshal to go out there
[40:35.480 --> 40:36.480]  and get the...
[40:36.480 --> 40:37.480]  Okay, hold on, hold on.
[40:37.480 --> 40:39.960]  I don't know, you don't have to do that.
[40:39.960 --> 40:43.840]  Are you familiar with the UCC-3-501?
[40:43.840 --> 40:44.840]  Yes.
[40:44.840 --> 40:45.840]  Okay.
[40:45.840 --> 40:51.960]  You don't get a need of Marshal to see it.
[40:51.960 --> 40:56.440]  They must make it available to you for inspection.
[40:56.440 --> 41:02.560]  Steve, are we ready for Santiago yet?
[41:02.560 --> 41:08.680]  Well, yeah, you could drop a little bit of Santiago on them.
[41:08.680 --> 41:13.680]  Now, there's...
[41:13.680 --> 41:14.680]  Okay.
[41:14.680 --> 41:19.080]  Okay, let me fix this.
[41:19.080 --> 41:21.320]  Hang on just a second.
[41:21.320 --> 41:24.560]  Let me say one thing here.
[41:24.560 --> 41:32.320]  The first thing that comes to my mind is a plea to the jurisdiction of the court in persona.
[41:32.320 --> 41:36.200]  America wholesale lenders never existed as a lender.
[41:36.200 --> 41:39.480]  They only existed for advertising purposes.
[41:39.480 --> 41:46.520]  So where does B of A come off, claiming to be a servicer for a company that never existed?
[41:46.520 --> 41:51.320]  Does the court have jurisdiction over the corporate person?
[41:51.320 --> 41:52.840]  Okay, hold on.
[41:52.840 --> 41:53.840]  Not in persona.
[41:53.840 --> 41:56.520]  This is subject matter?
[41:56.520 --> 41:58.320]  This is subject matter.
[41:58.320 --> 41:59.320]  Give me there.
[41:59.320 --> 42:07.480]  A non-existent company cannot invoke the subject matter jurisdiction of the court.
[42:07.480 --> 42:08.480]  Thank you.
[42:08.480 --> 42:14.920]  Okay, yeah, you're right.
[42:14.920 --> 42:22.440]  Subject matter jurisdiction is a big deal, a really, really big deal.
[42:22.440 --> 42:25.400]  Well, there's three elements to jurisdiction.
[42:25.400 --> 42:30.160]  There is territorial or venue.
[42:30.160 --> 42:38.600]  There is in personum that is having jurisdiction over the person, be it natural or corporate.
[42:38.600 --> 42:41.560]  And there is subject matter.
[42:41.560 --> 42:44.640]  Lose one, you've lost all.
[42:44.640 --> 42:47.720]  Yes, I'm in Texas.
[42:47.720 --> 42:51.320]  I'm in a vehicle and I'm tooling down the highway.
[42:51.320 --> 42:52.320]  You're in a vehicle?
[42:52.320 --> 42:53.320]  What makes you...
[42:53.320 --> 42:54.320]  Wait a minute.
[42:54.320 --> 42:55.320]  What makes you say...
[42:55.320 --> 42:58.160]  That's the thing that a motorized conveyance.
[42:58.160 --> 43:00.480]  Let me just get these words right.
[43:00.480 --> 43:01.480]  You're in a pickup truck?
[43:01.480 --> 43:03.200]  In my pickup truck.
[43:03.200 --> 43:09.640]  And somebody in a police officer declares an emergency in a turning his lights on and
[43:09.640 --> 43:14.080]  I pull over to the side of the road.
[43:14.080 --> 43:17.040]  What jurisdiction does he have?
[43:17.040 --> 43:20.160]  Are you engaged in commerce?
[43:20.160 --> 43:27.360]  That would give him jurisdiction over the transportation code.
[43:27.360 --> 43:28.360]  I'm sorry.
[43:28.360 --> 43:29.360]  No, no.
[43:29.360 --> 43:38.160]  That would give him in personum jurisdiction over me if he is authorized to enforce transportation
[43:38.160 --> 43:41.000]  code.
[43:41.000 --> 43:48.240]  So if I was in commerce, that would give a court subject matter jurisdiction to hear
[43:48.240 --> 43:51.000]  an accusation under the transportation code.
[43:51.000 --> 43:52.000]  Hang on.
[43:52.000 --> 43:54.360]  We'll talk about the other two when we come back.
[43:54.360 --> 43:55.920]  We'll try to make these make sense.
[43:55.920 --> 43:59.760]  Randy Kelton, Steve Skidmore, Rural Radio, we'll be right back.
[43:59.760 --> 44:08.120]  Hello, my name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by our
[44:08.120 --> 44:13.440]  store at 1904 Guadalupe Street, Sweet D here in Austin, Texas, find brave new books and
[44:13.440 --> 44:18.160]  chase things to see all our fantastic health and wellness products with your very own eyes.
[44:18.160 --> 44:22.600]  Have a look at our miracle healing clay that started our adventure in alternative medicine.
[44:22.600 --> 44:26.640]  Take a peek at some of our other wonderful products including our Australian emu oil,
[44:26.640 --> 44:30.160]  lotion candles, olive oil soaps, and colloidal silver and gold.
[44:30.160 --> 44:37.160]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.160 --> 44:43.160]  That's 512-264-4043 naturespureorganics.com.
[44:43.160 --> 44:47.480]  Don't forget to like us on Facebook for information on events and our products.
[44:47.480 --> 44:49.480]  Visit naturespureorganics.com.
[45:17.560 --> 45:19.040]  Doctor, lawyer should be doing.
[45:19.040 --> 45:22.960]  If you don't have a lawyer, know what you should do for yourself.
[45:22.960 --> 45:27.820]  Thousands have won with our step by step course and now you can too.
[45:27.820 --> 45:34.840]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:34.840 --> 45:39.400]  Even if you're not in a lawsuit, you can learn what everyone should understand about
[45:39.400 --> 45:43.680]  the principles and practices that control our American course.
[45:43.680 --> 45:49.800]  We'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.800 --> 45:52.480]  prosay tactics, and much more.
[45:52.480 --> 46:17.480]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:17.480 --> 46:29.480]  Always, I must be careful what I'm wishing for.
[46:29.480 --> 46:35.480]  When I'm hungry, I like to know just what I'm wishing for.
[46:35.480 --> 46:40.480]  I ask for much, I ain't trying to be no blood.
[46:40.480 --> 46:45.480]  I'm just here making my living, pushing buttons.
[46:45.480 --> 46:52.480]  I get my message out to anyone in child and distance.
[46:52.480 --> 46:58.480]  I hope for bravery and against slavery, showing resistance.
[46:58.480 --> 47:03.480]  First I'm crawling, then I'm walking, then I start strutting.
[47:03.480 --> 47:06.480]  I'm just so glad to make my living.
[47:06.480 --> 47:08.480]  Welcome back to rule of law radio folks.
[47:08.480 --> 47:14.480]  512-646-19A for you dial that and you will fill that blank spot on the caller list.
[47:14.480 --> 47:24.480]  That's behind John in Texas, Claudio in California, and we see Marcus and VA has called back in.
[47:24.480 --> 47:27.480]  Marcus, we'll get to you next since you better have died.
[47:27.480 --> 47:29.480]  Oh, I see, somebody else just called in.
[47:29.480 --> 47:33.480]  Okay, anyway, where's my mouse?
[47:33.480 --> 47:35.480]  Here we go.
[47:35.480 --> 47:45.480]  John in Texas, I commend you for your research.
[47:45.480 --> 47:48.480]  You've got a lot of good salient points here.
[47:48.480 --> 47:59.480]  You can show that America's wholesale lender could not invoke the subject matter jurisdiction of the court because they never existed.
[47:59.480 --> 48:07.480]  So if they didn't exist, Bank of America has no more right than wholesale lender did.
[48:07.480 --> 48:09.480]  Okay?
[48:09.480 --> 48:10.480]  Okay.
[48:10.480 --> 48:14.480]  Nemo that quote non-habit.
[48:14.480 --> 48:17.480]  No one gives what they do not have.
[48:17.480 --> 48:37.480]  If American wholesale lenders did not have the authority to conduct business because they didn't exist as a New York corporation, then how can Bank of America ever, ever get authority to act for something that never existed?
[48:37.480 --> 48:42.480]  There's a loss of agency standing in capacity here.
[48:42.480 --> 48:44.480]  A major loss.
[48:44.480 --> 48:55.480]  We've already got the rulings out of two superior courts in those sister states that says so much as they ain't got a dog in this hunt, brother.
[48:55.480 --> 48:59.480]  Put them all together.
[48:59.480 --> 49:12.480]  What they're doing is America's wholesale lender, DBA, countrywide, they had a license, but they did not mention any of that in my closing document.
[49:12.480 --> 49:14.480]  Hold it against them.
[49:14.480 --> 49:16.480]  Hold it against them.
[49:16.480 --> 49:17.480]  Okay, license.
[49:17.480 --> 49:19.480]  What does license mean?
[49:19.480 --> 49:21.480]  No, you don't even have to go there.
[49:21.480 --> 49:33.480]  If they haven't flooded out, then they're asking for a conclusion on something that's not a record.
[49:33.480 --> 49:36.480]  Right.
[49:36.480 --> 49:37.480]  Okay, wait a minute.
[49:37.480 --> 49:38.480]  I missed something.
[49:38.480 --> 49:39.480]  Can we back up?
[49:39.480 --> 49:41.480]  Yeah.
[49:41.480 --> 49:43.480]  Do that again, John.
[49:43.480 --> 49:47.480]  I missed something salient there.
[49:47.480 --> 49:54.480]  Okay, America's wholesale lender, DBA, countrywide, home loans.
[49:54.480 --> 49:56.480]  Okay, no, wait a minute.
[49:56.480 --> 50:01.480]  Was it, is that backwards or am I confused?
[50:01.480 --> 50:05.480]  Countrywide was DBA as...
[50:05.480 --> 50:06.480]  No, no, no, no, no.
[50:06.480 --> 50:11.480]  American Wholesale or American Wholesale DBA's countrywide?
[50:11.480 --> 50:13.480]  DBA countrywide.
[50:13.480 --> 50:16.480]  Yeah, DBA countrywide.
[50:16.480 --> 50:18.480]  Wait, wait a minute.
[50:18.480 --> 50:28.480]  The corporation was countrywide home loans, and they filed a DBA for America's wholesale lender.
[50:28.480 --> 50:31.480]  Doing business as America's wholesale lender.
[50:31.480 --> 50:33.480]  Okay, then that's the other way around.
[50:33.480 --> 50:41.480]  It was countrywide who was registered doing business as America's wholesale lender.
[50:41.480 --> 50:42.480]  Yes.
[50:42.480 --> 50:48.480]  That makes much more sense.
[50:48.480 --> 50:51.480]  And that raises a question.
[50:51.480 --> 51:18.480]  If countrywide is a proper corporation and they're properly registered in the state, can countrywide DBA under another name without that particular name being registered or incorporated in its own right?
[51:18.480 --> 51:22.480]  I don't know.
[51:22.480 --> 51:27.480]  That's, we have to answer that in this particular context.
[51:27.480 --> 51:37.480]  Okay, now we know that Americans Wholesale Lenders was never incorporated in New York.
[51:37.480 --> 51:39.480]  It goes on too.
[51:39.480 --> 51:53.480]  But if we have countrywide DBA American Wholesale Lenders, can Wholesale Lenders do business under the cover of countrywide?
[51:53.480 --> 52:01.480]  Before we claim that Wholesale Lenders doesn't exist, American Wholesale Lenders doesn't exist, we may have to answer that question.
[52:01.480 --> 52:20.480]  Okay, when, on my deep trust it says, Americans Wholesale Lenders as lender, a New York corporation existing and organized in the state of New York as a corporation.
[52:20.480 --> 52:21.480]  Got them.
[52:21.480 --> 52:24.480]  That'll work.
[52:24.480 --> 52:25.480]  Got them.
[52:25.480 --> 52:35.480]  There's some people that's waiting. When I told you it's going to be foreclosed on on the 4th of February, that's when I filed that.
[52:35.480 --> 52:37.480]  It's a few days before that.
[52:37.480 --> 52:49.480]  February the 4th of this year, the trustee recon trust dropped the price of this home to $32,500.
[52:49.480 --> 52:51.480]  Objection irrelevant.
[52:51.480 --> 52:55.480]  Object from what?
[52:55.480 --> 52:59.480]  $82,900.
[52:59.480 --> 53:12.480]  Now, because they were advertising that $32,500, I filed an affidavit on that $32,500.
[53:12.480 --> 53:20.480]  And if there's one person that was going to bid on that $32,500, this home would be theirs for $32,500.
[53:20.480 --> 53:28.480]  I know that because I used to be an real estate auctioneer.
[53:28.480 --> 53:30.480]  Wait a minute. Say that again?
[53:30.480 --> 53:33.480]  Do you use to be an auctioneer?
[53:33.480 --> 53:39.480]  You need to send me another email. We need to talk.
[53:39.480 --> 53:48.480]  Anyway, they put this house at $32,500 and they dropped it from $82,900.
[53:48.480 --> 53:50.480]  I'm going to file an affidavit on that.
[53:50.480 --> 53:54.480]  But anyway, the bottom line is I'm looking at a foreclosure and we're talking court.
[53:54.480 --> 53:58.480]  I need to stop them.
[53:58.480 --> 54:07.480]  The quickest way to stop them would be to file a quiet title action and petition for restraining order.
[54:07.480 --> 54:11.480]  Wait a minute. Yeah, exactly. TRO.
[54:11.480 --> 54:25.480]  Temporary restraining order. If it sells, if you can get it to sell back to the bank, that's not a bad thing.
[54:25.480 --> 54:34.480]  If you can stop a third party from entering into the mix, that's not a bad thing and force the bank to buy it back.
[54:34.480 --> 54:49.480]  Then you can file a petition for a TRO. But in petitioning for a TRO, you cannot restrain the justice court in an unlawful detainer hearing.
[54:49.480 --> 54:53.480]  Do you have a sale date on the second?
[54:53.480 --> 54:59.480]  No, you have to petition to restrain the petitioner.
[54:59.480 --> 55:05.480]  You can't restrain the court because that court has exclusive jurisdiction.
[55:05.480 --> 55:12.480]  You ask the court, your court, the district court to restrain the plaintiff.
[55:12.480 --> 55:20.480]  Or in your case, it would be the defendant who would go to the JP as plaintiff and petition for eviction.
[55:20.480 --> 55:24.480]  You can have the court restrain the person.
[55:24.480 --> 55:28.480]  It's important you understand the difference.
[55:28.480 --> 55:36.480]  So file a petition for quiet title and you can go online.
[55:36.480 --> 55:46.480]  You can go to the Texas government code 51901, 51901, 2, and 3.
[55:46.480 --> 55:53.480]  In there, they have the form for filing a quiet title.
[55:53.480 --> 56:03.480]  It's relatively simple to fill in, file that, ask for a temporary restraining order to restrain them from making the sale.
[56:03.480 --> 56:13.480]  And with your research, you have more than enough to get the judge to restrain.
[56:13.480 --> 56:27.480]  And then ask for a temporary restraining order. If you do not have 15 days in which to give the other side notice to appear at a show cause hearing,
[56:27.480 --> 56:36.480]  then you ask for a temporary restraining order in order to get that 15 days so you can notice the other side.
[56:36.480 --> 56:45.480]  So all the TRO is going to, a century by you is 15 days. And then you want to put before.
[56:45.480 --> 56:47.480]  14 days.
[56:47.480 --> 56:52.480]  Okay, okay, we won't give it a better day. It depends on how you count it.
[56:52.480 --> 56:59.480]  In any case, then you're going to have a preliminary injunction.
[56:59.480 --> 57:05.480]  So you need a temporary restraining order and preliminary injunction.
[57:05.480 --> 57:20.480]  You ask for the temporary restraining order to get you time to have a hearing on a preliminary injunction to stay any action on foreclosure until the quiet title issue can be adjudicated.
[57:20.480 --> 57:22.480]  Does that make sense, John?
[57:22.480 --> 57:30.480]  Yeah, and I think I need to piggyback you with opening up the bankruptcy. I've got the form to do that just to be sure.
[57:30.480 --> 57:34.480]  Did you claim the property is unsecured?
[57:34.480 --> 57:36.480]  Yes, I did.
[57:36.480 --> 57:43.480]  Wonderful, then you should have a bankruptcy stay.
[57:43.480 --> 57:45.480]  Yeah, I would think, but I won't.
[57:45.480 --> 57:47.480]  Okay, you don't have a bankruptcy.
[57:47.480 --> 57:48.480]  It's automatic.
[57:48.480 --> 58:01.480]  Yeah, notice the trustee that you're in bankruptcy, ask that you need to go to the bankruptcy court and ask the court to issue a stay to the trustee.
[58:01.480 --> 58:05.480]  You can tell the trustee, but he may not buy your explanation.
[58:05.480 --> 58:12.480]  But if the bankruptcy court tells him, don't you dare sell this, he's not going to sell it.
[58:12.480 --> 58:14.480]  Okay.
[58:14.480 --> 58:17.480]  That should stop and buy you time.
[58:17.480 --> 58:23.480]  But if it forecloses and sells to the bank, that's not a bad thing.
[58:23.480 --> 58:26.480]  They've never been harmed until they sell your property.
[58:26.480 --> 58:29.480]  Once they sell your property, you've been harmed.
[58:29.480 --> 58:32.480]  Now you land on the bank like a ton of bricks.
[58:32.480 --> 58:35.480]  You talk about that when we get back on the other side.
[58:35.480 --> 58:38.480]  Randy Calton, Steve Skidmore, we have our radio.
[58:38.480 --> 58:42.480]  I call it number 512-646-1984.
[58:42.480 --> 59:00.480]  We'll be right back.
[59:13.480 --> 59:18.480]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.480 --> 59:27.480]  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.
[59:27.480 --> 59:43.480]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:43.480 --> 59:44.480]  That's 888-551-0102.
[59:44.480 --> 59:49.480]  Or visit us online at bfa.org.
[59:49.480 --> 01:00:00.480]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:00.480 --> 01:00:08.480]  This is the Liberty Beat, your daily source for Liberty News and activist updates online at the Liberty Beat.com.
[01:00:08.480 --> 01:00:13.480]  I'm Brian Hagan with your Liberty Beat for Friday, November 21, 2014.
[01:00:13.480 --> 01:00:23.480]  Gold is trading around $1,193, Silver is trading around $16.23, and Bitcoin is trading around $350.
[01:00:23.480 --> 01:00:31.480]  Today's Precious Metal Prize is sponsored by Roberts and Roberts Brokerage Incorporated, specializing in precious metals since 1977.
[01:00:31.480 --> 01:00:38.480]  Now accepting Bitcoin online, rrbi.co, or by phone 800-874-9760.
[01:00:38.480 --> 01:00:44.480]  The Liberty Beat is brought to you by eFoodsDirect, redefining the way you think about sourceable food.
[01:00:44.480 --> 01:00:48.480]  eFoodsDirect is offering 10% off to all Liberty Beat listeners.
[01:00:48.480 --> 01:00:58.480]  Just go to eFoodsDirect.com slash Liberty Beat, or call 800-620-5520 and mention Liberty Beat for your savings today.
[01:00:58.480 --> 01:01:01.480]  In the news, a common sense middle ground approach.
[01:01:01.480 --> 01:01:07.480]  That's what President Barack Obama called his plan regarding immigration reform as unveiled during a speech Thursday night.
[01:01:07.480 --> 01:01:16.480]  We're going to keep focusing enforcement resources on actual threats to our security, felons, not families, criminals, not children, gang members.
[01:01:16.480 --> 01:01:19.480]  Not a mom who's working hard to provide for her kids.
[01:01:19.480 --> 01:01:24.480]  The executive order means those undocumented immigrants who have lived in the United States for five years or more,
[01:01:24.480 --> 01:01:29.480]  who are the parents of either American citizens or lawful residents, will not be deported.
[01:01:29.480 --> 01:01:33.480]  Before that would happen, they would have to undergo criminal and national security background checks.
[01:01:33.480 --> 01:01:38.480]  Their status would be reviewed every three years.
[01:01:38.480 --> 01:01:46.480]  Supporters of Michael Brown and police officers in riot gear clashed on Wednesday night as Ferguson awaits a decision from the grand jury.
[01:01:46.480 --> 01:01:52.480]  About 50 officers in helmets carrying shields and batons charged with a small group of protesters in below freezing temperatures.
[01:01:52.480 --> 01:01:56.480]  Protesters reportedly sounded sirens and shouted at the police.
[01:01:56.480 --> 01:02:02.480]  Local authorities have said the officers would reserve the right to put on riot gear when they feel their safety is at risk.
[01:02:02.480 --> 01:02:09.480]  The smaller protests throughout the week have all been peaceful and non-threatening.
[01:02:09.480 --> 01:02:14.480]  On Thursday, thousands of demonstrators across Mexico and the United States took part in strikes and protests
[01:02:14.480 --> 01:02:20.480]  to raise awareness on the kidnapping of 43 students from Aguala in the southern state of Guerrero.
[01:02:20.480 --> 01:02:25.480]  Protesters marched through the streets of Mexico City as well as Houston, Los Angeles and New York.
[01:02:25.480 --> 01:02:29.480]  The Liberty beat is brought to you in part by Marjorie Wildcraft's Grow Your Own Groceries.
[01:02:29.480 --> 01:02:31.480]  Homegrown food on every table.
[01:02:31.480 --> 01:02:34.480]  That's GrowYourOwnGroceries.org.
[01:02:34.480 --> 01:02:39.480]  Support for the Liberty Beat also comes from the Laura Presley-Frostin City Council District 4 campaign.
[01:02:39.480 --> 01:02:42.480]  Laura made it to the runoff and needs your support.
[01:02:42.480 --> 01:02:46.480]  To donate or sign up to volunteer, visit PresleyFrostin.com.
[01:02:46.480 --> 01:02:49.480]  Political advertisement made for by the Laura Presley campaign.
[01:02:49.480 --> 01:02:54.480]  This is the Liberty Beat for Friday, November 21, 2014.
[01:02:54.480 --> 01:03:01.480]  Check out the website at TheLibertyBeat.com and like us on Facebook at Facebook.com slash The Liberty Beat.
[01:03:24.480 --> 01:03:47.480]  Welcome back to Rural Law Radio, folks.
[01:03:47.480 --> 01:03:53.480]  John in Texas, thank you very much for calling in, but brother, we need to bring this home.
[01:03:53.480 --> 01:04:00.480]  What was your question? You've given us a lot of very useful information. Thank you very much.
[01:04:00.480 --> 01:04:05.480]  But what was your initial question?
[01:04:05.480 --> 01:04:09.480]  What can I do fast, but I already know what it is. You just explain that.
[01:04:09.480 --> 01:04:14.480]  There's three things I want to tell you real quick.
[01:04:14.480 --> 01:04:20.480]  Bank of America is a void because when there was a find on the...
[01:04:20.480 --> 01:04:30.480]  Bank of America was void, does not make any sense whatsoever. Try that one again.
[01:04:30.480 --> 01:04:44.480]  The trustee on the pooling service agreement, on the security, on part 2.01,
[01:04:44.480 --> 01:04:51.480]  if there's any assignment on a promissory note, it has to be the payee.
[01:04:51.480 --> 01:04:59.480]  It has to be written in. The assignment cannot be in blank.
[01:04:59.480 --> 01:05:02.480]  Uh-huh, yeah. No kidding.
[01:05:02.480 --> 01:05:03.480]  Okay, the second...
[01:05:03.480 --> 01:05:11.480]  Okay, hold on, hold on. You said the payee cannot be in blank.
[01:05:11.480 --> 01:05:13.480]  That's correct.
[01:05:13.480 --> 01:05:17.480]  If that's written into the PSA, then they have got to...
[01:05:17.480 --> 01:05:27.480]  They cannot provide you with a note that purports to be endorsed in blank.
[01:05:27.480 --> 01:05:33.480]  Just for the listeners who don't recognize this language, endorsement in blank,
[01:05:33.480 --> 01:05:40.480]  the banks will claim that a stamp on an instrument or on a launch to an instrument,
[01:05:40.480 --> 01:05:44.480]  which is a blank piece of paper if the back side is already taken up,
[01:05:44.480 --> 01:05:47.480]  an additional piece of paper.
[01:05:47.480 --> 01:05:52.480]  They cannot say pay to the order of the man for people to blank line.
[01:05:52.480 --> 01:05:56.480]  That blank line is not necessarily a blank line.
[01:05:56.480 --> 01:05:58.480]  Don't look at it as a blank line.
[01:05:58.480 --> 01:06:07.480]  Like Joe Esquivel taught us, that blank line is an unidentified payee
[01:06:07.480 --> 01:06:11.480]  because the payee signed it.
[01:06:11.480 --> 01:06:14.480]  Okay, somebody signed it as a payee.
[01:06:14.480 --> 01:06:24.480]  Now, if they are not named as payee, that goes to endorsements in Article 3 of the UCC
[01:06:24.480 --> 01:06:26.480]  or your state's equivalent.
[01:06:26.480 --> 01:06:35.480]  And if it is endorsed in blank, then there shouldn't be a payee signature.
[01:06:35.480 --> 01:06:42.480]  How can you have authority for someone who's not identified?
[01:06:42.480 --> 01:06:47.480]  If there's no identified payee, how can there be somebody that says,
[01:06:47.480 --> 01:06:51.480]  hey, this guy gave me authority to sign my name here?
[01:06:51.480 --> 01:06:55.480]  That guy should have named you.
[01:06:55.480 --> 01:06:57.480]  Look at this as a check.
[01:06:57.480 --> 01:07:03.480]  If you, John in Texas, write me a check for $10 and you don't put Steve Skidmore
[01:07:03.480 --> 01:07:08.480]  on the pay to the order of and then the blank line puts Steve Skidmore on the blank line.
[01:07:08.480 --> 01:07:13.480]  I can always put Steve Skidmore on the blank line and then flip it over
[01:07:13.480 --> 01:07:17.480]  and put Steve Skidmore on the back.
[01:07:17.480 --> 01:07:23.480]  But that is not what happened here, is it?
[01:07:23.480 --> 01:07:24.480]  No.
[01:07:24.480 --> 01:07:25.480]  No.
[01:07:25.480 --> 01:07:26.480]  There's no next.
[01:07:26.480 --> 01:07:35.480]  So you have an incomplete endorsement, not necessarily an endorsement in blank.
[01:07:35.480 --> 01:07:39.480]  The Pulling and Service Agreement requires a name.
[01:07:39.480 --> 01:07:41.480]  There you go.
[01:07:41.480 --> 01:07:42.480]  Yes.
[01:07:42.480 --> 01:07:52.480]  That's why I say you have an incomplete endorsement because the PSA requires a named identified payee.
[01:07:52.480 --> 01:08:01.480]  If you have a stamp there that does not identify the payee but you have someone signing as a payee
[01:08:01.480 --> 01:08:09.480]  and claiming that is an endorsement, pursuant to the PSA, that is an incomplete endorsement
[01:08:09.480 --> 01:08:16.480]  because it does not identify the payee.
[01:08:16.480 --> 01:08:18.480]  Yes.
[01:08:18.480 --> 01:08:24.480]  Breach of contract.
[01:08:24.480 --> 01:08:30.480]  Oh, but your honor, the borrower wasn't a party to that transaction
[01:08:30.480 --> 01:08:32.480]  so he has no right to raise a claim.
[01:08:32.480 --> 01:08:34.480]  Well, wait a minute.
[01:08:34.480 --> 01:08:40.480]  Let's go revisit Texas case Miller v. Homecomings.
[01:08:40.480 --> 01:08:44.480]  Have you read Miller v. Homecomings?
[01:08:44.480 --> 01:08:45.480]  No.
[01:08:45.480 --> 01:08:51.480]  Go read Miller v. Homecomings.
[01:08:51.480 --> 01:08:59.480]  If the other side says, well, your honor, they weren't a party that they can't raise these issues in the assignments
[01:08:59.480 --> 01:09:04.480]  or in the securities pools, go read Homecomings.
[01:09:04.480 --> 01:09:07.480]  Miller versus Homecomings.
[01:09:07.480 --> 01:09:08.480]  Okay.
[01:09:08.480 --> 01:09:13.480]  Your properties in Texas, it's applicable.
[01:09:13.480 --> 01:09:16.480]  You have the right to challenge all these things.
[01:09:16.480 --> 01:09:21.480]  You are a party to it because your property is at stake.
[01:09:21.480 --> 01:09:24.480]  Who is the lawyer who got that case done?
[01:09:24.480 --> 01:09:29.480]  Jeffrey Scott Kelly, the guy I work for.
[01:09:29.480 --> 01:09:35.480]  He set precedence in the state with that case.
[01:09:35.480 --> 01:09:37.480]  He did a fine job.
[01:09:37.480 --> 01:09:42.480]  Go read Miller v. Homecomings.
[01:09:42.480 --> 01:09:45.480]  He remedied there, John.
[01:09:45.480 --> 01:09:46.480]  Okay.
[01:09:46.480 --> 01:09:48.480]  There's one other thing I want to say real fast.
[01:09:48.480 --> 01:09:49.480]  Okay.
[01:09:49.480 --> 01:09:52.480]  The taxes have not been paid on this.
[01:09:52.480 --> 01:09:55.480]  Go pay them.
[01:09:55.480 --> 01:09:57.480]  That's all that needs to be said.
[01:09:57.480 --> 01:09:58.480]  Go pay them.
[01:09:58.480 --> 01:10:00.480]  Get a receipt.
[01:10:00.480 --> 01:10:01.480]  No, no, no, no.
[01:10:01.480 --> 01:10:04.480]  We're not on the same page.
[01:10:04.480 --> 01:10:11.480]  That 90-day window where they had to file that in the deed records.
[01:10:11.480 --> 01:10:12.480]  Okay.
[01:10:12.480 --> 01:10:13.480]  Wait a minute.
[01:10:13.480 --> 01:10:14.480]  File that.
[01:10:14.480 --> 01:10:16.480]  What does that refer to?
[01:10:16.480 --> 01:10:23.480]  The deed of trust was supposed to be filed within 90 days of the closing.
[01:10:23.480 --> 01:10:27.480]  What would that have to do with the property taxes?
[01:10:27.480 --> 01:10:31.480]  No, I'm not talking property taxes.
[01:10:31.480 --> 01:10:38.480]  If you do not put it in that 90-day window, it's not the owner.
[01:10:38.480 --> 01:10:41.480]  Okay, you're going back to the trust.
[01:10:41.480 --> 01:10:46.480]  Your mortgage-backed security didn't make it into the trust within the 90-day period
[01:10:46.480 --> 01:10:50.480]  as per the PSA or the...
[01:10:50.480 --> 01:10:55.480]  Oh, God, what is the name for that other document?
[01:10:55.480 --> 01:10:57.480]  Help me out here, Randy.
[01:10:57.480 --> 01:10:58.480]  I've forgotten the name.
[01:10:58.480 --> 01:11:06.480]  There's a pooling and servicing agreement and fill in the blank.
[01:11:06.480 --> 01:11:09.480]  I am more blank than you are.
[01:11:09.480 --> 01:11:11.480]  I'll think of it here in a minute after John.
[01:11:11.480 --> 01:11:14.480]  This is Joe's area.
[01:11:14.480 --> 01:11:21.480]  Okay, anyway, they are fined 115%.
[01:11:21.480 --> 01:11:22.480]  Yeah.
[01:11:22.480 --> 01:11:26.480]  And that's why a lot of these homes are being foreclosed on.
[01:11:26.480 --> 01:11:34.480]  And they should also be reported to the IRS because they violated their pass-through tax status.
[01:11:34.480 --> 01:11:38.480]  Now the entire trust is liable for taxes on it.
[01:11:38.480 --> 01:11:39.480]  Yes.
[01:11:39.480 --> 01:11:40.480]  Yes.
[01:11:40.480 --> 01:11:45.480]  Anyway, I don't know if other people can talk.
[01:11:45.480 --> 01:11:49.480]  John, thank you very much for calling in and...
[01:11:49.480 --> 01:11:51.480]  I appreciate the information.
[01:11:51.480 --> 01:11:52.480]  Well, and so do I.
[01:11:52.480 --> 01:11:57.480]  Your research is very good and this is what we need, folks.
[01:11:57.480 --> 01:11:59.480]  Send me an email, John.
[01:11:59.480 --> 01:12:03.480]  Randy at ruleoflawradio.com.
[01:12:03.480 --> 01:12:06.480]  I need to talk to you off the air.
[01:12:06.480 --> 01:12:10.480]  I've been doing this oil and gas stuff and title for about 38 years.
[01:12:10.480 --> 01:12:12.480]  I'm still learning.
[01:12:12.480 --> 01:12:13.480]  Okay.
[01:12:13.480 --> 01:12:15.480]  We all are, brother.
[01:12:15.480 --> 01:12:16.480]  Did you hear...
[01:12:16.480 --> 01:12:19.480]  Did you copy what Randy said?
[01:12:19.480 --> 01:12:21.480]  I've already got this information.
[01:12:21.480 --> 01:12:22.480]  Okay.
[01:12:22.480 --> 01:12:23.480]  Very good.
[01:12:23.480 --> 01:12:24.480]  Good stuff before.
[01:12:24.480 --> 01:12:25.480]  Okay.
[01:12:25.480 --> 01:12:26.480]  Excellent.
[01:12:26.480 --> 01:12:28.480]  Thank you, John, likewise.
[01:12:28.480 --> 01:12:30.480]  Now let's go to Marcus NVA.
[01:12:30.480 --> 01:12:33.480]  He seems to have been able to plug in his cell phone.
[01:12:33.480 --> 01:12:35.480]  Marcus, you there?
[01:12:35.480 --> 01:12:38.480]  Yeah, I replaced the battery.
[01:12:38.480 --> 01:12:39.480]  Oh, perfect.
[01:12:39.480 --> 01:12:40.480]  Okay.
[01:12:40.480 --> 01:12:43.480]  Sorry to keep you hanging on so long.
[01:12:43.480 --> 01:12:47.480]  Before your battery died, where were we?
[01:12:47.480 --> 01:12:48.480]  Cut.
[01:12:48.480 --> 01:12:49.480]  Take two.
[01:12:49.480 --> 01:12:50.480]  All right.
[01:12:50.480 --> 01:12:51.480]  Take two.
[01:12:51.480 --> 01:12:56.480]  Oh, I just wanted to mention, I have seen snow in Texas.
[01:12:56.480 --> 01:12:58.480]  There you go, Randy.
[01:12:58.480 --> 01:13:00.480]  I have, too, but that was in...
[01:13:00.480 --> 01:13:03.480]  That is a bunch of Yankee propaganda.
[01:13:03.480 --> 01:13:04.480]  I've seen it.
[01:13:04.480 --> 01:13:05.480]  I've seen it.
[01:13:05.480 --> 01:13:09.480]  Yeah, it's snowed once.
[01:13:09.480 --> 01:13:12.480]  It was in Wichita Falls.
[01:13:12.480 --> 01:13:14.480]  Wichita Falls for those...
[01:13:14.480 --> 01:13:18.480]  You know, I feel sorry for anybody that might be listening in Wichita Falls.
[01:13:18.480 --> 01:13:20.480]  I used to live in Wichita Falls.
[01:13:20.480 --> 01:13:23.480]  I used to add emphasis.
[01:13:23.480 --> 01:13:26.480]  Wichita Falls is a wonderful place to be from.
[01:13:26.480 --> 01:13:29.480]  And the further away from it, the better.
[01:13:29.480 --> 01:13:32.480]  All right.
[01:13:32.480 --> 01:13:35.480]  I'm sure that's not why you called tonight.
[01:13:35.480 --> 01:13:40.480]  Yeah, I just had one little dumb question.
[01:13:40.480 --> 01:13:45.480]  The only dumb question is the one that goes unasked.
[01:13:45.480 --> 01:13:46.480]  Okay.
[01:13:46.480 --> 01:13:48.480]  Well, here we go.
[01:13:48.480 --> 01:13:52.480]  Why is it that with the non-traffic courts, from what I've seen,
[01:13:52.480 --> 01:13:57.480]  they don't require a signature from the acute on the summons.
[01:13:57.480 --> 01:13:59.480]  But with the traffic...
[01:13:59.480 --> 01:14:04.480]  Are you defining summons as the ticket, the citation?
[01:14:04.480 --> 01:14:06.480]  Well, yeah, I mean, from what I...
[01:14:06.480 --> 01:14:10.480]  It says the summons at the top, at least here in Virginia.
[01:14:10.480 --> 01:14:14.480]  And that's what they hand you when they pull you over?
[01:14:14.480 --> 01:14:15.480]  Yeah.
[01:14:15.480 --> 01:14:17.480]  Okay.
[01:14:17.480 --> 01:14:22.480]  So why is there summons different from the typical court
[01:14:22.480 --> 01:14:25.480]  that does not require a signature?
[01:14:25.480 --> 01:14:30.480]  Well, your signature is a promise to appear.
[01:14:30.480 --> 01:14:31.480]  Right.
[01:14:31.480 --> 01:14:32.480]  That's why they do that.
[01:14:32.480 --> 01:14:35.480]  You're handed a summons that the summons says,
[01:14:35.480 --> 01:14:38.480]  hey, we want you to come do business with us.
[01:14:38.480 --> 01:14:41.480]  If you don't, the guy in front of you is going to shoot you
[01:14:41.480 --> 01:14:44.480]  in the face five times or tase you, whatever.
[01:14:44.480 --> 01:14:47.480]  It depends on what side of the bed he woke up on.
[01:14:47.480 --> 01:14:53.480]  But the summons is an offer to do business.
[01:14:53.480 --> 01:14:57.480]  By signing the summons, you agree to do business with them.
[01:14:57.480 --> 01:15:03.480]  And their terms, their immediate terms, are on the face of the summons.
[01:15:03.480 --> 01:15:09.480]  You are agreeing to appear before somebody at this court,
[01:15:09.480 --> 01:15:14.480]  before this date, or we'll come get you.
[01:15:14.480 --> 01:15:15.480]  Do you agree?
[01:15:15.480 --> 01:15:16.480]  Sure.
[01:15:16.480 --> 01:15:17.480]  I'll sign right here.
[01:15:17.480 --> 01:15:21.480]  Just to keep this guy from shooting me in the face five times,
[01:15:21.480 --> 01:15:22.480]  I'm going to sign right there.
[01:15:22.480 --> 01:15:24.480]  It's the best I can.
[01:15:24.480 --> 01:15:25.480]  Let me see.
[01:15:25.480 --> 01:15:27.480]  How do I spell my name?
[01:15:27.480 --> 01:15:35.480]  U-N-D-E-R-D-U-R-E-S-S.
[01:15:35.480 --> 01:15:36.480]  Yeah.
[01:15:36.480 --> 01:15:39.480]  Emma, that's not my point.
[01:15:39.480 --> 01:15:44.480]  Why is it when you deal with like a family court and they send you a summons,
[01:15:44.480 --> 01:15:46.480]  there is no box for your signature?
[01:15:46.480 --> 01:15:49.480]  Why do they need it for the traffic summons, as opposed to...
[01:15:49.480 --> 01:15:50.480]  Family...
[01:15:50.480 --> 01:15:51.480]  Don't think...
[01:15:51.480 --> 01:16:00.480]  Do not delusion yourself by trying to blend different areas of law.
[01:16:00.480 --> 01:16:04.480]  Criminal does not necessarily mix with civil.
[01:16:04.480 --> 01:16:08.480]  Criminal does not necessarily mix with family.
[01:16:08.480 --> 01:16:12.480]  Family does not necessarily mix with anything.
[01:16:12.480 --> 01:16:16.480]  If you're in family law, you're reading a specific area of code
[01:16:16.480 --> 01:16:20.480]  that has its own statute that applies to whatever situation at hand.
[01:16:20.480 --> 01:16:25.480]  If you're reading criminal statute, that's a whole different area of law
[01:16:25.480 --> 01:16:29.480]  that nothing in family court applies to.
[01:16:29.480 --> 01:16:34.480]  Nothing in family law will apply to criminal unless there is a criminal element
[01:16:34.480 --> 01:16:38.480]  in which the criminal element will prevail over the family.
[01:16:38.480 --> 01:16:42.480]  And I hear the music in the background, and that means we're going to break.
[01:16:42.480 --> 01:16:44.480]  Marcus, stay there.
[01:16:44.480 --> 01:16:46.480]  We'll be right back.
[01:16:46.480 --> 01:16:48.480]  512-646-1984.
[01:16:48.480 --> 01:16:52.480]  We'll fill the blank spot on the bottom of my caller page.
[01:16:52.480 --> 01:16:55.480]  Dial it, get in line, and it stacks up at the end.
[01:16:55.480 --> 01:16:56.480]  You're listening to rule of law.
[01:16:56.480 --> 01:16:57.480]  We'll be right back.
[01:16:57.480 --> 01:17:03.480]  Chances are you've heard of My Magic Mud, but have you used it?
[01:17:03.480 --> 01:17:07.480]  Thousands of people are blown away by the clean and healthy feeling they experience
[01:17:07.480 --> 01:17:09.480]  after just one use.
[01:17:09.480 --> 01:17:13.480]  Here's what Harlan Dietrich, owner of Brave New Books, has to say about the product.
[01:17:13.480 --> 01:17:15.480]  Hey everybody, this is Harlan Dietrich, owner of Brave New Books.
[01:17:15.480 --> 01:17:18.480]  I just want to tell everybody about My Magic Mud.
[01:17:18.480 --> 01:17:21.480]  I use the product, and it makes my teeth feel clean and healthy.
[01:17:21.480 --> 01:17:24.480]  I think it makes them stronger, and I've got lots of customers that come in
[01:17:24.480 --> 01:17:25.480]  and say the same thing.
[01:17:25.480 --> 01:17:27.480]  You can pick yours up at Brave New Books.
[01:17:27.480 --> 01:17:32.480]  If that wasn't enough, Dr. Griffin Cole, DDS, who's been featured on the Alex Jones show,
[01:17:32.480 --> 01:17:33.480]  loves it too.
[01:17:33.480 --> 01:17:37.480]  Hi, I'm Dr. Griffin Cole, and I got to tell you, I really love this Magic Mud product.
[01:17:37.480 --> 01:17:41.480]  Because charcoal is so absorbent, it's very effective at taking off all the sticky plaque
[01:17:41.480 --> 01:17:43.480]  and debris that gets stuck on our teeth every day.
[01:17:43.480 --> 01:17:45.480]  I highly recommend My Magic Mud.
[01:17:45.480 --> 01:17:49.480]  If you haven't yet experienced My Magic Mud, it's never too late to brighten your smile
[01:17:49.480 --> 01:17:51.480]  and strengthen your teeth.
[01:17:51.480 --> 01:17:56.480]  Here's your jar of My Magic Mud today at Brave New Books, located at 1904 Guadalupe Street
[01:17:56.480 --> 01:18:00.480]  or order online today at MyMagicMud.com.
[01:18:00.480 --> 01:18:05.480]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination
[01:18:05.480 --> 01:18:09.480]  by delivering excellent customer service and outstanding value at an affordable price.
[01:18:09.480 --> 01:18:13.480]  We provide a wide assortment of favorite products featuring a great selection of high quality
[01:18:13.480 --> 01:18:15.480]  coins and precious metals.
[01:18:15.480 --> 01:18:19.480]  We cater to beginners in coin collecting as well as large transactions for investors.
[01:18:19.480 --> 01:18:23.480]  We're also even educating our customers with resources from top accredited metals dealers
[01:18:23.480 --> 01:18:24.480]  and journalists.
[01:18:24.480 --> 01:18:27.480]  If we don't have what you're looking for, we can find it.
[01:18:27.480 --> 01:18:31.480]  In addition, we carry popular young Jebedee products such as Beyond Tangy Tangerine and
[01:18:31.480 --> 01:18:32.480]  Pollen Burst.
[01:18:32.480 --> 01:18:37.480]  We also offer one-world way, Mountain House Storeable Foods, Berkey Water Products,
[01:18:37.480 --> 01:18:39.480]  ammunition at 10% above wholesale, and more.
[01:18:39.480 --> 01:18:43.480]  We brok for metals IRA accounts, and we also accept bitcoins as payment.
[01:18:43.480 --> 01:18:46.480]  Call us at 512-646-6440.
[01:18:46.480 --> 01:18:51.480]  We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson.
[01:18:51.480 --> 01:18:54.480]  We're open Monday through Friday, 10 to 6, Saturdays, 10 to 2.
[01:18:54.480 --> 01:19:21.480]  Visit us at CapitalCoinandBullion.com or call 512-646-6440.
[01:19:24.480 --> 01:19:53.480]  You know, you're not going to get everything you need.
[01:19:53.480 --> 01:20:00.480]  Who knows?
[01:20:00.480 --> 01:20:05.480]  Thank you for the background music or the bumper music.
[01:20:05.480 --> 01:20:09.480]  And before we went to break, we were talking with Marcus in Virginia.
[01:20:09.480 --> 01:20:10.480]  Let's go back to Marcus.
[01:20:10.480 --> 01:20:11.480]  Marcus.
[01:20:11.480 --> 01:20:16.480]  A couple of weeks left off, brother.
[01:20:16.480 --> 01:20:23.480]  Okay, well, let me just mention that not that we need to get into the family court, but,
[01:20:23.480 --> 01:20:27.480]  you know, it started with a Class 3 misdemeanor.
[01:20:27.480 --> 01:20:30.480]  This is a thing carefully, but it was a Class 3.
[01:20:30.480 --> 01:20:35.480]  And the typical, you know, traffic summons is for a Class 3 or maybe a Class 2 or a Class
[01:20:35.480 --> 01:20:36.480]  1 misdemeanor.
[01:20:36.480 --> 01:20:38.480]  I mean, it's still criminal.
[01:20:38.480 --> 01:20:39.480]  Okay, right.
[01:20:39.480 --> 01:20:41.480]  So, I mean, what's the difference here?
[01:20:41.480 --> 01:20:44.480]  I mean, it's still criminal either way.
[01:20:44.480 --> 01:20:47.480]  So, why do they summon you in a different way?
[01:20:47.480 --> 01:20:50.480]  Why do they need the signature for the traffic summons?
[01:20:50.480 --> 01:20:53.480]  I suppose, you know, they even need the signature.
[01:20:53.480 --> 01:20:57.480]  They don't need your permission to come get you under family law.
[01:20:57.480 --> 01:20:59.480]  They do need your permission.
[01:20:59.480 --> 01:21:01.480]  They need your acquiescence.
[01:21:01.480 --> 01:21:07.480]  They need you to step into their sandbox to come after you, criminal issue.
[01:21:07.480 --> 01:21:14.480]  Now, the police are required to arrest all offenders.
[01:21:14.480 --> 01:21:27.480]  However, in order to facilitate the enforcement of the traffic code, it was far too difficult
[01:21:27.480 --> 01:21:31.480]  to arrest somebody for every minor infraction.
[01:21:31.480 --> 01:21:36.480]  That would get the public so upset that they'd throw out traffic laws.
[01:21:36.480 --> 01:21:46.480]  So, the legislatures of most every state authorized the police in the matter of minor infractions
[01:21:46.480 --> 01:21:54.480]  to release the person on their own reconnaissance based on a promise to appear on their own
[01:21:54.480 --> 01:21:59.480]  rather than taking them straight to jail.
[01:21:59.480 --> 01:22:03.480]  This is a special statute in every state.
[01:22:03.480 --> 01:22:12.480]  Specific to classy misdemeanors or third-degrees, third-degree, level three, whatever they call them.
[01:22:12.480 --> 01:22:23.480]  Those, class three, those accusations that do not involve imprisonment.
[01:22:23.480 --> 01:22:30.480]  The police officer has a special authorization to release you without taking you to jail
[01:22:30.480 --> 01:22:35.480]  on the condition that you agree to appear on your own.
[01:22:35.480 --> 01:22:37.480]  It's on fine only offenses.
[01:22:37.480 --> 01:22:38.480]  Yeah, right.
[01:22:38.480 --> 01:22:46.480]  So, it's essentially a personal reconnaissance.
[01:22:46.480 --> 01:22:49.480]  Does that make sense, Marcus?
[01:22:49.480 --> 01:22:51.480]  Well, let me just ask you this.
[01:22:51.480 --> 01:22:57.480]  This may be another dumb question, but if you agree to appear in court,
[01:22:57.480 --> 01:23:03.480]  and they take that ticket and they put it in the court,
[01:23:03.480 --> 01:23:09.480]  do you waive your right to challenge the jurisdiction of that court by agreeing to appear in it?
[01:23:09.480 --> 01:23:11.480]  Absolutely not.
[01:23:11.480 --> 01:23:14.480]  You waive nothing.
[01:23:14.480 --> 01:23:15.480]  Right.
[01:23:15.480 --> 01:23:24.480]  You just agree to come to the court yourself in lieu of being arrested and brought to the court.
[01:23:24.480 --> 01:23:25.480]  That's it.
[01:23:25.480 --> 01:23:29.480]  Signing that ticket doesn't waive any rights,
[01:23:29.480 --> 01:23:36.480]  and it only agrees to contract with the state for this very limited purpose,
[01:23:36.480 --> 01:23:42.480]  your agreement to appear not before the court,
[01:23:42.480 --> 01:23:46.480]  but before some magistrate.
[01:23:46.480 --> 01:23:48.480]  Big difference.
[01:23:48.480 --> 01:23:54.480]  For the purpose of an examining trial.
[01:23:54.480 --> 01:23:56.480]  Does that make sense, Marcus?
[01:23:56.480 --> 01:24:03.480]  Jurisdiction can be raised at any time, even after a conviction.
[01:24:03.480 --> 01:24:14.480]  The case law says jurisdiction can be raised at any time, no matter how remote in history.
[01:24:14.480 --> 01:24:16.480]  All right.
[01:24:16.480 --> 01:24:28.480]  Because if the court never had subject matter jurisdiction, there is nothing you can do to give the court subject matter jurisdiction.
[01:24:28.480 --> 01:24:35.480]  There is something you can do to give the court in personum jurisdiction.
[01:24:35.480 --> 01:24:39.480]  Jurisdiction over your person.
[01:24:39.480 --> 01:24:49.480]  But they can only exercise in personum once they have subject matter.
[01:24:49.480 --> 01:24:53.480]  That makes sense.
[01:24:53.480 --> 01:24:55.480]  Yep.
[01:24:55.480 --> 01:25:04.480]  So if it's a traffic court and the accusation is violation of a traffic code,
[01:25:04.480 --> 01:25:12.480]  the court would normally have subject matter jurisdiction over that particular code.
[01:25:12.480 --> 01:25:19.480]  However, something has to invoke that subject matter jurisdiction.
[01:25:19.480 --> 01:25:36.480]  So if, say, a police officer stops you and writes you a citation and in the process denies you in your due process, right, like he beats you into unconsciousness,
[01:25:36.480 --> 01:25:42.480]  then he cannot invoke the subject matter jurisdiction of the court.
[01:25:42.480 --> 01:25:53.480]  Or if his documentation does not meet the statutory legal requirements, they do not invoke the subject matter jurisdiction of the court.
[01:25:53.480 --> 01:25:58.480]  Does that make sense?
[01:25:58.480 --> 01:26:01.480]  I might have to repeat that.
[01:26:01.480 --> 01:26:02.480]  Okay.
[01:26:02.480 --> 01:26:04.480]  That's what archives are for.
[01:26:04.480 --> 01:26:09.480]  Say I pretend to be a police officer.
[01:26:09.480 --> 01:26:12.480]  I'm not really a police officer. I pull you over.
[01:26:12.480 --> 01:26:21.480]  I got lights on my car and all the rigmarole and I write a ticket and I send it to the court as if I'm a police officer.
[01:26:21.480 --> 01:26:30.480]  If I am not truly a police officer, that citation does not invoke the subject matter jurisdiction of the court.
[01:26:30.480 --> 01:26:32.480]  Possibly not.
[01:26:32.480 --> 01:26:36.480]  Any person can file a criminal complaint.
[01:26:36.480 --> 01:26:52.480]  But if I take an action that I could only take as a police officer and then prepare and file a citation with the court,
[01:26:52.480 --> 01:27:03.480]  then I violated law myself and I become a trespasser ab initio from the beginning and all my acts are defeated.
[01:27:03.480 --> 01:27:09.480]  I cannot invoke the subject matter jurisdiction of the court.
[01:27:09.480 --> 01:27:22.480]  The only a valid police officer acting within his capacity with full authority can invoke the subject matter jurisdiction of the court.
[01:27:22.480 --> 01:27:34.480]  And one of the things in traffic particularly is in order for the court to have subject matter jurisdiction,
[01:27:34.480 --> 01:27:46.480]  the officer would have to present to the court evidence that you fell under the statutory scheme.
[01:27:46.480 --> 01:27:56.480]  And the statutory scheme in the traffic code only governs commercial traffic.
[01:27:56.480 --> 01:28:07.480]  So if you're not engaged in commerce, you do not fall under the statutory scheme and therefore the court has no subject matter jurisdiction.
[01:28:07.480 --> 01:28:26.480]  I would encourage you to go to Title 49 USC and your equivalent state transportation code and look in the beginning of the code where the definitions are and define transportation.
[01:28:26.480 --> 01:28:36.480]  After defining transportation, ask yourself, do I fit this definition?
[01:28:36.480 --> 01:28:44.480]  If not, it's going to have a hard time getting any further past that.
[01:28:44.480 --> 01:28:49.480]  Let me dispel a unstated presupposition.
[01:28:49.480 --> 01:28:55.480]  How do I present this to them? Do I go to court and then argue?
[01:28:55.480 --> 01:28:57.480]  You file a challenge subject matter jurisdiction.
[01:28:57.480 --> 01:29:03.480]  We're giving you the elements you need to address.
[01:29:03.480 --> 01:29:06.480]  The primary element here.
[01:29:06.480 --> 01:29:10.480]  That would technically be a plea to the jurisdiction.
[01:29:10.480 --> 01:29:17.480]  The primary element here is commerce.
[01:29:17.480 --> 01:29:19.480]  I was stopped in Austin.
[01:29:19.480 --> 01:29:22.480]  The policeman asked me for a proof of insurance and driver's license.
[01:29:22.480 --> 01:29:27.480]  I gave him my proof of insurance and a Texas ID.
[01:29:27.480 --> 01:29:32.480]  It looks just like a driver's license, but instead of TX it has ID and a number.
[01:29:32.480 --> 01:29:38.480]  It came back and said, well, Mr. Kelton, this is a Texas ID. Do you have a driver's license?
[01:29:38.480 --> 01:29:45.480]  Yes, I do, but I'm not using it right now.
[01:29:45.480 --> 01:29:50.480]  You can have a license, but that doesn't necessarily mean you're in commerce.
[01:29:50.480 --> 01:30:01.480]  Just because you have one, hang on, Randy Kelton, Steve Skidmore, we'll go radio. We'll be right back.
[01:30:01.480 --> 01:30:06.480]  Don't believe everything you read about radio frequency microchips or RFID.
[01:30:06.480 --> 01:30:12.480]  It's a stealthy technology with some shocking applications, but some plans are pure imagination.
[01:30:12.480 --> 01:30:16.480]  I'm Dr. Catherine Albrecht and I'll be back to separate facts from fiction.
[01:30:16.480 --> 01:30:21.480]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:21.480 --> 01:30:26.480]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.480 --> 01:30:31.480]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:31.480 --> 01:30:37.480]  Privacy, it's worth hanging on to. This public service announcement is brought to you by StartPage.com,
[01:30:37.480 --> 01:30:44.480]  the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:30:44.480 --> 01:30:51.480]  Radio frequency identification or RFID is a technology that tracks objects using radio waves.
[01:30:51.480 --> 01:30:56.480]  Yes, there are plans to put the chips into consumer products. There's an implantable version,
[01:30:56.480 --> 01:30:59.480]  and governments and businesses want to use it to track people.
[01:30:59.480 --> 01:31:05.480]  But some reported applications are hogwash. Example, the Neutrismart RFID food system.
[01:31:05.480 --> 01:31:09.480]  It's an absurd notion by college student Hans Hermes.
[01:31:09.480 --> 01:31:15.480]  His prototype system envisions RFID tags in food to track what we eat from plate to potty.
[01:31:15.480 --> 01:31:23.480]  While there are ingestible RFID tags, fortunately the Neutrismart RFID system is pure science fiction, at least for now.
[01:31:23.480 --> 01:31:49.480]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:53.480 --> 01:32:00.480]  My son, my uncle, my nephew, my son, go to buildingwatch.org. Why it fell, why it matters, and what you can do.
[01:32:00.480 --> 01:32:07.480]  After work, I'm so tired that I want to be left alone to sleep. Hey, listen to me! Who are you?
[01:32:07.480 --> 01:32:12.480]  I'm you years ago, when you felt healthy and young and everything worked on your body. Do you remember that?
[01:32:12.480 --> 01:32:18.480]  Yes, I wish I felt like that now. You came feeling like that again with a new micro plant powder formulation
[01:32:18.480 --> 01:32:24.480]  called iodine now. It cleans the entire body from head to toe and feeds the body what it really needs.
[01:32:24.480 --> 01:32:31.480]  You'll be in a better mood and you'll find more drive in your romantic life. Really? I gotta try iodine now and feel good again.
[01:32:31.480 --> 01:32:37.480]  It also protects you from radiation, heavy metals, fluoride, chlorine, and bromine including cancer and most major diseases.
[01:32:37.480 --> 01:32:43.480]  You'll be amazed. You can be your own doctor. I want to keep you out of the hospital and off pharmaceuticals.
[01:32:43.480 --> 01:32:49.480]  Wow, why are you so nice to me? Because I'm you. You're out of shape and I need a better looking future.
[01:32:49.480 --> 01:33:00.480]  Call 888-910-4367. That's 888-910-4367. Or visit microplantpowder.com. Microplantpowder.com.
[01:33:00.480 --> 01:33:13.480]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:30.480 --> 01:33:37.480]  Logos Radio Network.com.
[01:34:01.480 --> 01:34:10.480]  Okay, we are back. Randy Kelton, Steve Skidmore with our radio and we're talking to Marcus in Virginia.
[01:34:10.480 --> 01:34:18.480]  Marcus, I hope, I hope I'm addressing the right issue. I hope it makes sense to you.
[01:34:18.480 --> 01:34:26.480]  But we are really not the right ones to address traffic.
[01:34:26.480 --> 01:34:32.480]  Do you listen to Eddie Craig on the Monday night show?
[01:34:32.480 --> 01:34:35.480]  Sorry, yeah, I'm listening to a report.
[01:34:35.480 --> 01:34:46.480]  Yeah, he's the right one to address traffic issues. He's a lot more conversant on that subject than we are.
[01:34:46.480 --> 01:34:52.480]  Did our explanation of subject matter jurisdiction make sense to you?
[01:34:52.480 --> 01:35:02.480]  Well, yeah, sure. I understand that. But how do you go about challenging that after the case is over?
[01:35:02.480 --> 01:35:09.480]  Oh, the same way you would challenge it beforehand. Just finally challenge to subject matter jurisdiction with the court.
[01:35:09.480 --> 01:35:21.480]  But you need to show how they lack subject matter jurisdiction. And if it's traffic, you need to look at the transportation code for Virginia.
[01:35:21.480 --> 01:35:34.480]  Most states have adopted the federal transportation code and that's for consistency across the states, but each states makes their own adjustments.
[01:35:34.480 --> 01:35:49.480]  One of the first things to do is look at the agency the officer worked for who wrote the citation.
[01:35:49.480 --> 01:35:59.480]  There are if you look in the code in Texas's administrative code that sets up the Department of Public Safety.
[01:35:59.480 --> 01:36:08.480]  In Texas, we have peace officers and we have police officers and they're different.
[01:36:08.480 --> 01:36:14.480]  You need to look to see if that's similar in Virginia.
[01:36:14.480 --> 01:36:25.480]  In Texas, the Department of Public Safety, the state police, by the administrative code that creates the Department of Public Safety,
[01:36:25.480 --> 01:36:41.480]  specifically forbids the Department of Public Safety from enforcing the criminal laws, except at the request of and under the direction of local law enforcement.
[01:36:41.480 --> 01:36:47.480]  They're traffic cops. They can only enforce the traffic code.
[01:36:47.480 --> 01:36:59.480]  And then when we move to the municipalities and the counties, not every municipality in county is authorized by law to enforce traffic code.
[01:36:59.480 --> 01:37:07.480]  There are all these requirements they have to meet. They have to be in a county with over two million people.
[01:37:07.480 --> 01:37:23.480]  There are a number of requirements. And then even if they meet the requirements, the officers themselves are required to go through a number of certifications before they can enforce traffic code.
[01:37:23.480 --> 01:37:50.480]  The reason there's confusion here is the states seem to think there's a difference between those officers that enforce the traffic code against trucks and tractor trailers and such or DOT and those who enforce against everybody else.
[01:37:50.480 --> 01:37:57.480]  There's not a difference. It's all commercial where they can't enforce it.
[01:37:57.480 --> 01:38:06.480]  So look at the transportation code in Virginia. It's almost certainly going to be the same or similar.
[01:38:06.480 --> 01:38:12.480]  Give you lots of things to challenge subject matter jurisdiction on.
[01:38:12.480 --> 01:38:13.480]  All right.
[01:38:13.480 --> 01:38:35.480]  Let me back up and explain what I mean by that. If they who writes the ticket has met all of the requirements and the particular jurisdiction has met all of the requirements,
[01:38:35.480 --> 01:38:49.480]  then the jurisdiction can have subject matter jurisdiction if the officer was authorized to bring subject matter jurisdiction to the court.
[01:38:49.480 --> 01:39:00.480]  And in order to do that, he would first have to show that you were acting in commerce in order to bring you under the transportation code because travels are right that you have.
[01:39:00.480 --> 01:39:07.480]  You can't be licensed. The only thing that can be licensed is the commercial use of the highways.
[01:39:07.480 --> 01:39:16.480]  So if you weren't transporting someone for hire, then you weren't using that license in Texas.
[01:39:16.480 --> 01:39:20.480]  The license everybody has is a chauffeur's license.
[01:39:20.480 --> 01:39:26.480]  I can transport up to eight people for hire with this license.
[01:39:26.480 --> 01:39:31.480]  But just because I got it doesn't mean I'm using it.
[01:39:31.480 --> 01:39:41.480]  If I'm just traveling, I'm not using that license and I don't fall under the statutory scheme.
[01:39:41.480 --> 01:40:05.480]  So an officer who stops me for violating a red light or a stop sign or some other code under the transportation code, he must first establish subject matter jurisdiction by determining that I'm operating in commerce.
[01:40:05.480 --> 01:40:15.480]  If you can't do that, he can't go to the court and invoke their jurisdiction because they only have jurisdiction over commerce.
[01:40:15.480 --> 01:40:18.480]  Does that make sense, Marcus?
[01:40:18.480 --> 01:40:21.480]  Yeah, it makes sense to me.
[01:40:21.480 --> 01:40:26.480]  Is there a question that we haven't answered that you have?
[01:40:26.480 --> 01:40:29.480]  Well, basically, how do I go about filing this?
[01:40:29.480 --> 01:40:32.480]  I mean, is there a particular form?
[01:40:32.480 --> 01:40:40.480]  Send me an email and I will send you my section on subject matter jurisdiction.
[01:40:40.480 --> 01:40:42.480]  I've got a couple of motions in there.
[01:40:42.480 --> 01:40:47.480]  On subject matter jurisdiction, you'll find real useful.
[01:40:47.480 --> 01:40:50.480]  Sorry, I'll do that.
[01:40:50.480 --> 01:40:52.480]  Okay, you need to move along.
[01:40:52.480 --> 01:41:05.480]  You need to go to your own state or your own county or whatever, look in the record to form your document.
[01:41:05.480 --> 01:41:07.480]  How is it styled?
[01:41:07.480 --> 01:41:11.480]  How is the document itself constructed?
[01:41:11.480 --> 01:41:16.480]  Try to mimic what the attorneys did.
[01:41:16.480 --> 01:41:18.480]  Defense attorneys.
[01:41:18.480 --> 01:41:21.480]  Don't look at what prosecutor files.
[01:41:21.480 --> 01:41:28.480]  Look at what the defense attorney files and try to mimic that as best you can.
[01:41:28.480 --> 01:41:33.480]  And that is the best advice you've heard all night, I guarantee it.
[01:41:33.480 --> 01:41:36.480]  You've got a judge sitting up there.
[01:41:36.480 --> 01:41:41.480]  He gets document after document after document.
[01:41:41.480 --> 01:41:48.480]  And he expects these documents to be in a format that he's accustomed to.
[01:41:48.480 --> 01:41:52.480]  He wants to see the parties where he expects to see the parties.
[01:41:52.480 --> 01:41:56.480]  He wants to see venue where he expects to see venue.
[01:41:56.480 --> 01:42:04.480]  He wants to see the standard case law that everybody uses.
[01:42:04.480 --> 01:42:12.480]  Here in Texas we have some litigation guides and O'Connor's is the biggest one and they have O'Connor's forms.
[01:42:12.480 --> 01:42:23.480]  And all the lawyers use O'Connor's forms so that when the judge gets a motion based on O'Connor's forms,
[01:42:23.480 --> 01:42:27.480]  everything is exactly where he expects to see it.
[01:42:27.480 --> 01:42:33.480]  All the standard case law is cases he saw a hundred times.
[01:42:33.480 --> 01:42:37.480]  And it's all exactly where he expects to see it so he doesn't even look at it.
[01:42:37.480 --> 01:42:41.480]  He only goes to the salient part of the motion.
[01:42:41.480 --> 01:42:48.480]  If you as a procé go and make up a motion from scratch and give it to the judge,
[01:42:48.480 --> 01:42:54.480]  he's going to look at that and you've got ten cases in here he's never seen before.
[01:42:54.480 --> 01:42:58.480]  Do you really think I'm going to read all these cases?
[01:42:58.480 --> 01:43:00.480]  Denied.
[01:43:00.480 --> 01:43:08.480]  Now that may not be white, but the judge is a human being and that's how it works in every state.
[01:43:08.480 --> 01:43:16.480]  So the first hurdle on the one hand, you know, it's different, but it makes your job a whole lot easier.
[01:43:16.480 --> 01:43:25.480]  Go find the litigation guide for Virginia and see if they have other than doing forms.
[01:43:25.480 --> 01:43:29.480]  Every lawyer is going to use them. This is still in the blanks.
[01:43:29.480 --> 01:43:35.480]  It'll do 90% of the work for you and when the judge gets it,
[01:43:35.480 --> 01:43:42.480]  he won't get this red flag that says procé, procé, procé.
[01:43:42.480 --> 01:43:47.480]  If you look like everybody else, he seems more likely to get you much better.
[01:43:47.480 --> 01:43:52.480]  And I've used up all the time. I really need to move ahead, Marcus.
[01:43:52.480 --> 01:43:57.480]  We're about to go to break. When we come back, we're going to go to Mark in Texas.
[01:43:57.480 --> 01:43:59.480]  Thank you, Marcus. We'll be right back.
[01:43:59.480 --> 01:44:03.480]  You feel tired when talking about important topics like money and politics?
[01:44:03.480 --> 01:44:07.480]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.480 --> 01:44:12.480]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.480 --> 01:44:18.480]  Hi, my name is Steve Holt and like millions of other Americans, I was diagnosed with stupidity at an early age.
[01:44:18.480 --> 01:44:24.480]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[01:44:24.480 --> 01:44:29.480]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[01:44:29.480 --> 01:44:35.480]  The staff at Brave New Books have helped me and thousands of other foxaholics suffering from sport-zombieism recover.
[01:44:35.480 --> 01:44:42.480]  And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested.
[01:44:42.480 --> 01:44:54.480]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them at 1904 Guadalupe or bravenewbookstore.com.
[01:44:54.480 --> 01:45:00.480]  Side effects from using Brave New Books products may include discernment and enlarge vocabulary and an overall increase in mental functioning.
[01:45:00.480 --> 01:45:03.480]  Are you the plaintiff or defendant in a lawsuit?
[01:45:03.480 --> 01:45:07.480]  Win your case without an attorney with jurisdictionary.
[01:45:07.480 --> 01:45:15.480]  The affordable, easy-to-understand four-CD course that will show you how in 24 hours, death by step.
[01:45:15.480 --> 01:45:18.480]  If you have a lawyer, know what your lawyer should be doing.
[01:45:18.480 --> 01:45:22.480]  If you don't have a lawyer, know what you should do for yourself.
[01:45:22.480 --> 01:45:27.480]  Thousands have won with our step-by-step course, and now you can too.
[01:45:27.480 --> 01:45:34.480]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:34.480 --> 01:45:43.480]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[01:45:43.480 --> 01:45:52.480]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more.
[01:45:52.480 --> 01:45:56.480]  Please visit ruleoflawradio.com and click on the banner.
[01:45:56.480 --> 01:46:14.480]  Or call toll-free 866-LAW-EV.
[01:46:26.480 --> 01:46:36.480]  Welcome back to Rule of Law Radio, folks.
[01:46:36.480 --> 01:46:45.480]  We are in our last segment, and we have two callers who are on point with foreclosure questions.
[01:46:45.480 --> 01:46:49.480]  We've got Claudio in California and Mark in Texas.
[01:46:49.480 --> 01:46:52.480]  Guys, this is what we're going to do to try to fit you both in.
[01:46:52.480 --> 01:47:00.480]  I want to bring Claudio in first, and then Claudio, go ahead and put your issue on the record.
[01:47:00.480 --> 01:47:07.480]  Once you've got your issue on the record, we'll bring Mark and Texas in to see if we can take care of both of you in the next 15 minutes.
[01:47:07.480 --> 01:47:11.480]  Claudio in California, you have the floor.
[01:47:11.480 --> 01:47:13.480]  Thank you, sir.
[01:47:13.480 --> 01:47:21.480]  Basically, I've got an issue with a property where I haven't paid for the property for six years.
[01:47:21.480 --> 01:47:31.480]  I was wondering an issue of statute limitations.
[01:47:31.480 --> 01:47:37.480]  Have you been given notice of default?
[01:47:37.480 --> 01:47:45.480]  No, I've had everything. I've been stopping the sale whichever way I can.
[01:47:45.480 --> 01:47:51.480]  Is there any litigation ongoing at the moment?
[01:47:51.480 --> 01:47:52.480]  I'm sorry?
[01:47:52.480 --> 01:47:56.480]  Is there any litigation ongoing at the moment?
[01:47:56.480 --> 01:47:57.480]  Do you have a court case?
[01:47:57.480 --> 01:48:01.480]  No, there isn't. There's nothing.
[01:48:01.480 --> 01:48:10.480]  I've been stopping the foreclosure by a system that the friend's helping me.
[01:48:10.480 --> 01:48:19.480]  Okay, six years. What is the statute limitations for foreclosure in California?
[01:48:19.480 --> 01:48:26.480]  I believe it's a four years. Four years for a promising note.
[01:48:26.480 --> 01:48:31.480]  Then it sounds like you got them by two years.
[01:48:31.480 --> 01:48:35.480]  And six years under the UCC.
[01:48:35.480 --> 01:48:36.480]  Okay.
[01:48:36.480 --> 01:48:41.480]  But then UCC is preempted by state law.
[01:48:41.480 --> 01:48:58.480]  UCC is a general contract law where you have a law that addresses a more specific and focused issue that's considered a special statute.
[01:48:58.480 --> 01:49:03.480]  And a special statute stands before a general statute.
[01:49:03.480 --> 01:49:18.480]  In California, as I recall, there's a four year statute of limitations to enforce a real property contract that would stand in front of the UCC.
[01:49:18.480 --> 01:49:32.480]  Yes, but I believe there's certain rules that apply to special limitations where special limitations is only good if I don't stop it
[01:49:32.480 --> 01:49:37.480]  for certain things or like my brother said, they don't come in.
[01:49:37.480 --> 01:49:40.480]  Okay, let me see if I can get you there quicker.
[01:49:40.480 --> 01:49:47.480]  A statute of limitations can be told, T-O-L-L-E-D.
[01:49:47.480 --> 01:49:53.480]  What told means is that somebody came along and they pushed the pause button on the clock.
[01:49:53.480 --> 01:49:56.480]  That stopped the clock from ticking.
[01:49:56.480 --> 01:49:59.480]  A statute of limitations is a clock.
[01:49:59.480 --> 01:50:06.480]  It counts a certain amount of time and then it goes off and then you can't do something after that point of time.
[01:50:06.480 --> 01:50:12.480]  So there are certain things that can toll certain statutes of limitations.
[01:50:12.480 --> 01:50:20.480]  You've got to look at your state statutes and see what would toll the statute of limitations for foreclosure.
[01:50:20.480 --> 01:50:33.480]  If one of the actions that you have taken has told the statute of limitations, then the statute of limitations is not a claim that you can make.
[01:50:33.480 --> 01:50:40.480]  Have you had actions filed that were dismissed?
[01:50:40.480 --> 01:50:43.480]  No.
[01:50:43.480 --> 01:50:55.480]  So I'm not talking about actions that you filed, but the other side may be filed a foreclosure action and you've had it dismissed.
[01:50:55.480 --> 01:51:05.480]  The reason I'm going there is when an action is filed, the statute of limitations tolls, the clock stops.
[01:51:05.480 --> 01:51:13.480]  If the action is dismissed, then you go back to the, it's like it never happened.
[01:51:13.480 --> 01:51:24.480]  So then the limitations is untold for that period of time.
[01:51:24.480 --> 01:51:26.480]  Very good.
[01:51:26.480 --> 01:51:33.480]  So if you keep them in court for four years and get their case thrown out,
[01:51:33.480 --> 01:51:40.480]  once it's thrown out, it's been more than four years, they can't come back and file again.
[01:51:40.480 --> 01:51:41.480]  Yes, yes.
[01:51:41.480 --> 01:51:48.480]  Well, I'm just waiting for them to see and take them to court and we go from there, I guess.
[01:51:48.480 --> 01:51:49.480]  Okay.
[01:51:49.480 --> 01:51:51.480]  What is in court now?
[01:51:51.480 --> 01:51:53.480]  Nothing.
[01:51:53.480 --> 01:51:55.480]  Nothing.
[01:51:55.480 --> 01:51:57.480]  Then the, the clock.
[01:51:57.480 --> 01:52:00.480]  Objection, objection, asked and answered.
[01:52:00.480 --> 01:52:05.480]  The clock runs from the date of default to today.
[01:52:05.480 --> 01:52:07.480]  Not necessarily the date of default.
[01:52:07.480 --> 01:52:26.480]  Now I understand that Claudio's in California, but we have her way here in Texas where her, her way, the court determined that the statute of limitations clock started taking once notice to vacate was given.
[01:52:26.480 --> 01:52:29.480]  Have you received a notice to vacate?
[01:52:29.480 --> 01:52:31.480]  No, no, no, no, no, no, no.
[01:52:31.480 --> 01:52:32.480]  I haven't ever seen nothing.
[01:52:32.480 --> 01:52:33.480]  No, no, no.
[01:52:33.480 --> 01:52:37.480]  When it's on the right track, I'm sorry, but I think it's on the right track.
[01:52:37.480 --> 01:52:39.480]  Okay.
[01:52:39.480 --> 01:52:43.480]  Then you're still pre foreclosure.
[01:52:43.480 --> 01:52:45.480]  Yes.
[01:52:45.480 --> 01:52:46.480]  Wow.
[01:52:46.480 --> 01:52:48.480]  They haven't got it done.
[01:52:48.480 --> 01:52:53.480]  And, you know, they give you a notice of default.
[01:52:53.480 --> 01:53:02.480]  But wait a minute, we'll have to talk about this on the next show, Steve, about the date it necessarily starts.
[01:53:02.480 --> 01:53:08.480]  The notice to vacate goes to the two-year statute of limitation.
[01:53:08.480 --> 01:53:13.480]  The four-year statute of limitation for foreclosure, that starts on default.
[01:53:13.480 --> 01:53:17.480]  Starts at the notice of default, correct.
[01:53:17.480 --> 01:53:23.480]  But you have not received a notice of default, is that correct?
[01:53:23.480 --> 01:53:26.480]  I received a notice of default six years ago.
[01:53:26.480 --> 01:53:31.480]  Oh, well, we just asked you if you received a notice of default, you said no.
[01:53:31.480 --> 01:53:37.480]  So if you received a notice of default, there's the accrual of the cause of action.
[01:53:37.480 --> 01:53:41.480]  They would have four years from then to foreclose.
[01:53:41.480 --> 01:53:50.480]  You've kept them from foreclosing for a period greater than four years after you have received the notice of default.
[01:53:50.480 --> 01:53:54.480]  Then how can they...
[01:53:54.480 --> 01:53:58.480]  There's a special legal term for this.
[01:53:58.480 --> 01:54:00.480]  Toast.
[01:54:00.480 --> 01:54:01.480]  Yeah.
[01:54:01.480 --> 01:54:02.480]  Oops.
[01:54:02.480 --> 01:54:03.480]  Yeah.
[01:54:03.480 --> 01:54:05.480]  They're toast.
[01:54:05.480 --> 01:54:07.480]  I think I got them, Randy.
[01:54:07.480 --> 01:54:09.480]  All right, guys, take the other person.
[01:54:09.480 --> 01:54:12.480]  Okay, hold on before you go.
[01:54:12.480 --> 01:54:15.480]  We just talked about a case early in the show.
[01:54:15.480 --> 01:54:17.480]  It's Washington v. someone.
[01:54:17.480 --> 01:54:20.480]  If you'll send me an email, I'll send it to you.
[01:54:20.480 --> 01:54:24.480]  Guys in bankruptcy.
[01:54:24.480 --> 01:54:33.480]  And the lender comes in and files a claim when the statute of limitations has told.
[01:54:33.480 --> 01:54:42.480]  And the judge proclaimed that that was a violation of fair debt collections practices act.
[01:54:42.480 --> 01:55:00.480]  So he gets to go after him under FTCPA and also gave him the property for trying to collect outside the statute of limitations that may apply.
[01:55:00.480 --> 01:55:03.480]  Oh, wait, you there, Claudio?
[01:55:03.480 --> 01:55:04.480]  There he is.
[01:55:04.480 --> 01:55:05.480]  Yes, I'm here.
[01:55:05.480 --> 01:55:06.480]  I'm here.
[01:55:06.480 --> 01:55:08.480]  I'm just enjoying myself.
[01:55:08.480 --> 01:55:09.480]  Okay.
[01:55:09.480 --> 01:55:10.480]  Okay.
[01:55:10.480 --> 01:55:11.480]  Is that it, Claudio?
[01:55:11.480 --> 01:55:12.480]  Yes, sir.
[01:55:12.480 --> 01:55:13.480]  Yes, sir.
[01:55:13.480 --> 01:55:14.480]  Good night.
[01:55:14.480 --> 01:55:15.480]  Good.
[01:55:15.480 --> 01:55:16.480]  Send me an email to remind me.
[01:55:16.480 --> 01:55:18.480]  I'll send you this case.
[01:55:18.480 --> 01:55:19.480]  Sure.
[01:55:19.480 --> 01:55:20.480]  Thanks.
[01:55:20.480 --> 01:55:21.480]  Okay.
[01:55:21.480 --> 01:55:22.480]  Thank you, Claudio.
[01:55:22.480 --> 01:55:23.480]  Okay.
[01:55:23.480 --> 01:55:24.480]  Mark in Texas.
[01:55:24.480 --> 01:55:26.480]  Hey, good evening, gents.
[01:55:26.480 --> 01:55:27.480]  Good show.
[01:55:27.480 --> 01:55:31.480]  I've been listening a lot out of it.
[01:55:31.480 --> 01:55:35.480]  I have a few questions, and if you want, I can throw them at you fast.
[01:55:35.480 --> 01:55:38.480]  You got three minutes.
[01:55:38.480 --> 01:55:39.480]  Okay.
[01:55:39.480 --> 01:55:44.480]  Well, we spoke last week, and you guys may remember my voice.
[01:55:44.480 --> 01:55:52.480]  I'm going to file a quiet title action against MERS, which has no standing in the state of Arkansas based on the Supreme Court rulings.
[01:55:52.480 --> 01:55:53.480]  We'll do that.
[01:55:53.480 --> 01:56:03.480]  But I previously had won a dismissal of the plaintiff's cause of action based on the statute of limitations,
[01:56:03.480 --> 01:56:07.480]  and then there was an argument to reopen the case that was made,
[01:56:07.480 --> 01:56:13.480]  and they were saying that since I had had some conversations and had made some payments,
[01:56:13.480 --> 01:56:15.480]  that holds the statute of limitations.
[01:56:15.480 --> 01:56:17.480]  I understand that.
[01:56:17.480 --> 01:56:20.480]  The last payment made was in 2009.
[01:56:20.480 --> 01:56:22.480]  It was returned by the servicer.
[01:56:22.480 --> 01:56:25.480]  So that's my time to latches and other stuff.
[01:56:25.480 --> 01:56:29.480]  I'll ask you guys about that next week, because I want to get the most out of this so I can.
[01:56:29.480 --> 01:56:38.480]  But I want to ask you guys, if I might get your take on this in the property code in the state of Arkansas,
[01:56:38.480 --> 01:56:44.480]  there's something under 1840-103, extension of maturity date.
[01:56:44.480 --> 01:56:48.480]  And if you like, I'll read it slow, but I want to find out what you guys think,
[01:56:48.480 --> 01:56:54.480]  because I think this actually causes their argument to be null and void.
[01:56:54.480 --> 01:57:01.480]  It says, no agreement for the extension of the date of the maturity of the whole or any part of any debt or note
[01:57:01.480 --> 01:57:06.480]  secured by mortgage, deed of trust, or vendor's lien, or for renewal thereof,
[01:57:06.480 --> 01:57:13.480]  whether made in writing or otherwise, and no written or oral acknowledgment of indebtedness thereon
[01:57:13.480 --> 01:57:18.480]  shall operate so far as affects the rights of third parties. This would be the servicer, I'm guessing,
[01:57:18.480 --> 01:57:25.480]  a third party to them, to revive the debts or extend the operation of the statute of limitations
[01:57:25.480 --> 01:57:32.480]  with reference there, too, unless the parties execute and acknowledge a written agreement
[01:57:32.480 --> 01:57:39.480]  setting forth the terms of the extension or renewal of the description of the property affected and record it.
[01:57:39.480 --> 01:57:46.480]  This is an interesting irony, because in that state, you don't have to really record much of anything.
[01:57:46.480 --> 01:57:50.480]  And anyway, I wanted to ask you guys what you think about that.
[01:57:50.480 --> 01:57:56.480]  It sounds to me right there that any extension has got to be recorded.
[01:57:56.480 --> 01:57:59.480]  If it's not recorded, it's not extended.
[01:57:59.480 --> 01:58:04.480]  No verbal contracts.
[01:58:04.480 --> 01:58:11.480]  So even if I made a payment to a servicer, which is a third party, not to a lender,
[01:58:11.480 --> 01:58:14.480]  I'm probably totally in...
[01:58:14.480 --> 01:58:16.480]  Objection, you're irrelevant.
[01:58:16.480 --> 01:58:19.480]  Yeah, objection, you're irrelevant.
[01:58:19.480 --> 01:58:28.480]  They will argue that the payment to cure the default and extended,
[01:58:28.480 --> 01:58:39.480]  to act it as an extension, and you can argue that it can't act as an extension without a recorded written agreement.
[01:58:39.480 --> 01:58:41.480]  Extension, yeah.
[01:58:41.480 --> 01:58:43.480]  Yeah, okay.
[01:58:43.480 --> 01:58:50.480]  We're out of time, folks. Thank you for calling in, Mark. We'll see you next week. You're listening to Rule Law Radio.
[01:58:50.480 --> 01:58:58.480]  Bibles for America is offering absolutely free, a unique study Bible called the New Testament Recovery Version.
[01:58:58.480 --> 01:59:04.480]  The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says, verse by verse,
[01:59:04.480 --> 01:59:08.480]  helping you to know God and to know the meaning of life.
[01:59:08.480 --> 01:59:11.480]  Order your free copy today from Bibles for America.
[01:59:11.480 --> 01:59:20.480]  Call us toll-free at 888-551-0102 or visit us online at bfa.org.
[01:59:20.480 --> 01:59:27.480]  This translation is highly accurate and it comes with over 13,000 cross-references, plus charts and maps,
[01:59:27.480 --> 01:59:32.480]  and an outline for every book of the Bible. This is truly a Bible you can understand.
[01:59:32.480 --> 01:59:40.480]  To get your free copy of the New Testament Recovery Version, call us toll-free at 888-551-0102.
[01:59:40.480 --> 01:59:48.480]  That's 888-551-0102 or visit us online at bfa.org.