[00:00.000 --> 00:07.640]  This is the Liberty Beat, your daily source for Liberty News and activist updates, online
[00:07.640 --> 00:08.640]  at thelibertybeat.com.
[00:08.640 --> 00:13.720]  I'm Brian Hagan with your Liberty Beat for Thursday, December 18, 2014.
[00:13.720 --> 00:19.680]  Gold is trading around $1,194 and silver around $15.88 and Bitcoin is trading around
[00:19.680 --> 00:20.680]  $311.73.
[00:20.680 --> 00:27.000]  Today's precious metal prices are brought to you by Roberts and Roberts Brokers Incorporated.
[00:27.000 --> 00:31.880]  Use coupon code LIB001 to get free shipping on your first order.
[00:31.880 --> 00:39.920]  Visit the new online store at rrbi.co or call them up at 800-874-9760.
[00:39.920 --> 00:44.560]  Support for today's edition of the Liberty Beat comes from eFoodsDirect, storeable food.
[00:44.560 --> 00:47.200]  Redefining the way you think about storeable food.
[00:47.200 --> 00:50.760]  Learn more at eFoodsDirect.com slash Liberty Beat.
[00:50.760 --> 00:55.080]  In the news, on Wednesday, President Obama announced major changes in the United States
[00:55.080 --> 00:56.960]  policy towards Cuba.
[00:56.960 --> 01:02.000]  Obama stated that a deal was struck with the nation to release three Cuban agents in exchange
[01:02.000 --> 01:08.880]  for two Americans, including an unnamed intelligence agent and USAID subcontractor, Alan Gromps.
[01:08.880 --> 01:13.160]  The president said he instructed Secretary of State John Kerry to reestablish diplomatic
[01:13.160 --> 01:14.920]  relations with Cuba.
[01:14.920 --> 01:19.120]  He also stated that Kerry would reevaluate Cuba's designation as a state sponsor of
[01:19.120 --> 01:22.920]  terrorism.
[01:22.920 --> 01:26.880]  On Wednesday, the U.S. government announced they believed North Korea was responsible
[01:26.880 --> 01:29.960]  for a recent cyber attack on Sony Pictures.
[01:29.960 --> 01:34.080]  The Associated Press reported the investigators had concluded the isolated nation was behind
[01:34.080 --> 01:38.720]  the hack, likely in response to the planned release of the comedy The Interview.
[01:38.720 --> 01:43.360]  The film features actors Seth Brogan and James Frago playing characters who attempt to assassinate
[01:43.360 --> 01:44.880]  the North Korean leader.
[01:44.880 --> 01:48.800]  Sony Pictures also announced on Wednesday that the film would not be released on Christmas
[01:48.800 --> 01:53.160]  Day, as was scheduled.
[01:53.160 --> 01:57.880]  DNA or Navajo communities in the Black Mesa region of Northeastern Arizona have continued
[01:57.880 --> 02:03.000]  to oppose mining operations on their land in the face of swat team raids and animal theft.
[02:03.000 --> 02:07.280]  The Black Mesa communities, say Hopi Rangers, working with the Federal Bureau of Indian Affairs
[02:07.280 --> 02:12.840]  or PIA and the Department of the Interior, raided their land and impounded 300 sheep.
[02:12.840 --> 02:17.040]  Authorities accused the Navajo of exceeding the amount of sheep allowed by permit.
[02:17.040 --> 02:21.160]  The Navajo believed the theft is related to Peabody Energy's coal mining operations
[02:21.160 --> 02:22.480]  in the area.
[02:22.480 --> 02:26.520]  The Navajo Nation Tribal Council released a letter accusing the federal government of
[02:26.520 --> 02:30.080]  instigating the raids and attempting to force them off the land.
[02:30.080 --> 02:34.880]  The liberty beat is sponsored by My Magic Mud, detox fine-tooth powder, the most effective
[02:34.880 --> 02:40.240]  and affordable dental care around, get a 150 application jar at MyMagicMud.com.
[02:40.240 --> 02:45.240]  This broadcast is also made possible by Margie Wildcraft's Grow Your Own Groceries, home
[02:45.240 --> 02:47.560]  grown food on every table.
[02:47.560 --> 02:50.200]  That's GrowYourOwnGroceries.org.
[02:50.200 --> 02:54.440]  This is the Liberty Beat for Thursday, December 18, 2014.
[02:54.440 --> 03:23.440]  Check out the website at thelibertybeat.com.
[03:24.440 --> 03:36.280]  Okay, howdy, howdy, this is Randy Kelkin from Skidmore over on radio on this Friday, December
[03:36.280 --> 03:40.480]  the 19th, 2014.
[03:40.480 --> 03:42.280]  Thank you all for being with us.
[03:42.280 --> 03:46.000]  I suspect this will be our last show before Christmas.
[03:46.000 --> 03:53.320]  We'll likely put it in archives next week, so tonight if you have questions or comments
[03:53.320 --> 03:58.880]  give us a call, we won't be on for a couple of weeks, so you may miss it.
[03:58.880 --> 04:05.320]  I'm going to turn the call board on right away, so if you have a question or comment
[04:05.320 --> 04:07.560]  call in, get in line.
[04:07.560 --> 04:14.520]  There was something I wanted to talk about, oh and about the call board before we move
[04:14.520 --> 04:21.880]  further out, the call board has changed somewhat recently, so we can only hold four callers
[04:21.880 --> 04:25.480]  on the board at one time.
[04:25.480 --> 04:31.280]  So if I get four callers and you call in, you won't be able to get onto the board.
[04:31.280 --> 04:39.160]  So if you're waiting to get in, then as soon as we finish this one call and go to the next,
[04:39.160 --> 04:46.160]  if you are the caller, please disconnect immediately so that we make room for someone else.
[04:46.160 --> 04:52.160]  We had a couple last night hang on quite a while and we couldn't get more callers up.
[04:52.160 --> 04:55.960]  We had so many, I couldn't get all of them anyway.
[04:55.960 --> 05:03.760]  But tonight we've got more time, so when we finish, drop off the call in line so that
[05:03.760 --> 05:06.560]  we make room for other folks.
[05:06.560 --> 05:15.400]  Okay, last night we had a couple of callers that were trying to be, trying to take care
[05:15.400 --> 05:25.320]  of their own issues and trying to learn from the internet and shows like mine how to handle
[05:25.320 --> 05:28.120]  their own issues.
[05:28.120 --> 05:33.280]  And we try hard to give people good information.
[05:33.280 --> 05:44.120]  And we're often frustrated when people come without knowing the real basics of how to
[05:44.120 --> 05:48.480]  put a case together and present a case.
[05:48.480 --> 05:57.000]  And even worse, we have people who listen to some of these guys out there postulating
[05:57.000 --> 06:01.920]  what we like to call patriot mythology.
[06:01.920 --> 06:13.520]  And then there are those who've done massive research and present issues that while they
[06:13.520 --> 06:22.640]  consider the issues very salient and very valuable for the ordinary individual who has
[06:22.640 --> 06:34.400]  not done massive research for them to try to address these issues such as the statutes
[06:34.400 --> 06:35.400]  don't apply.
[06:35.400 --> 06:39.240]  And a lot of people out there saying the statutes don't apply.
[06:39.240 --> 06:43.760]  We have roughly every one of them.
[06:43.760 --> 06:50.920]  And the rod class, he's done a tremendous amount of research and for the most part everything
[06:50.920 --> 06:54.480]  I've ever heard him assert was correct.
[06:54.480 --> 07:04.960]  The problem is, is there are asserting issues that if the courts allow those issues, they
[07:04.960 --> 07:11.960]  totally undermine the legal system as it's functioning today.
[07:11.960 --> 07:20.480]  And without going, taking a position on whether or not that would be a good thing in the real
[07:20.480 --> 07:28.640]  world you and I live in, you're not going to win that fight.
[07:28.640 --> 07:35.840]  Well, you might be able to win the fight if you fight it long enough and hard enough.
[07:35.840 --> 07:47.920]  But I suggest that you do not take on these esoteric issues when you're liberating music.
[07:47.920 --> 07:52.920]  Take on these issues when you're not facing a jail sentence.
[07:52.920 --> 07:59.520]  And I consider those people who suggest that someone that's trying to keep from going to
[07:59.520 --> 08:07.160]  jail take on some pet theory that someone is postulating.
[08:07.160 --> 08:10.760]  That is irresponsible.
[08:10.760 --> 08:21.440]  The first thing we need to do is understand that regardless of what is actually the case,
[08:21.440 --> 08:28.920]  in the real world you and I live in, statutes apply.
[08:28.920 --> 08:31.600]  And that's all there is to it.
[08:31.600 --> 08:37.840]  The law may, there may be provisions in law, it may be that the Articles of the Confederacy
[08:37.840 --> 08:45.440]  are still in place and it may be that the statutes don't apply and, you know, out rough
[08:45.440 --> 08:53.880]  when we're postulating that issue, but actually the statutes do apply.
[08:53.880 --> 09:03.480]  The Ralph's argument was that the only thing that applied was the public laws in the National
[09:03.480 --> 09:05.480]  Register.
[09:05.480 --> 09:16.760]  Well, to the degree that a statute codified into a code accurately represents the public
[09:16.760 --> 09:21.120]  law, then the statute doesn't fact apply.
[09:21.120 --> 09:30.240]  And even if it doesn't accurately reflect the public law, because the codification of
[09:30.240 --> 09:37.160]  the statutes are merely a reorganization of the public laws, and in the Fed the public
[09:37.160 --> 09:40.360]  laws is about 45,000 pages.
[09:40.360 --> 09:44.080]  That's all the laws that the legislature has ever passed.
[09:44.080 --> 09:52.280]  And they don't pass laws in order, except on occasions when they will adopt a code.
[09:52.280 --> 09:59.720]  It doesn't really pass laws in order, it just adopts a codification of all of these laws
[09:59.720 --> 10:07.400]  where we hire a publisher to go through the 45,000 pages and separate all these public
[10:07.400 --> 10:17.960]  laws into rational categories, and then we codify those categories into codes of what
[10:17.960 --> 10:20.680]  we call statutes.
[10:20.680 --> 10:27.440]  To the degree that the statute reflects the public law, absolutely they apply.
[10:27.440 --> 10:36.080]  And even if they didn't, the judge before whom you will address your case, he thinks
[10:36.080 --> 10:38.580]  they apply.
[10:38.580 --> 10:46.560]  And if you ask a trial judge to render a ruling that says that all of the laws that he is
[10:46.560 --> 10:55.200]  sitting to enforce don't apply, if you think that he's going to give you that ruling, you
[10:55.200 --> 10:59.000]  have to be dreaming.
[10:59.000 --> 11:07.720]  Not in this lifetime do you really think that a judge would be prepared to commit political
[11:07.720 --> 11:15.720]  suicide to grant you a ruling in your case.
[11:15.720 --> 11:21.400]  This goes back to the fact that you will never win your case simply because you have the
[11:21.400 --> 11:25.200]  law and the facts on your side.
[11:25.200 --> 11:32.640]  You will win your case if you have the politics on your side, and all politics is local.
[11:32.640 --> 11:42.360]  We use the law as a guideline, but every time we consider the law, we must consider the
[11:42.360 --> 11:48.080]  law in the political context in which it is administered.
[11:48.080 --> 11:54.760]  Now that may not be right, but in the end, that's how it works in the world you and
[11:54.760 --> 11:58.800]  I live in, and we don't have to like it.
[11:58.800 --> 12:01.720]  We just have to understand it and deal with it.
[12:01.720 --> 12:11.120]  So our show primarily is about how to effectively deal with it.
[12:11.120 --> 12:20.000]  So now I want to go to how we need to think about our case, and this was an issue that
[12:20.000 --> 12:23.640]  came up last night.
[12:23.640 --> 12:30.880]  You can't be called before the judge and tell him what's right and what's wrong and
[12:30.880 --> 12:37.480]  expect him to give you a just and equitable ruling.
[12:37.480 --> 12:41.360]  That's not what he's there for.
[12:41.360 --> 12:53.680]  I know in school and well, we're given that impression, and in fact, it is the intent
[12:53.680 --> 13:02.320]  of our laws that a judge when he renders his ruling will render his ruling in a way that
[13:02.320 --> 13:06.400]  will be just and equitable.
[13:06.400 --> 13:15.640]  But it's not the judge's place to make just and equitable decisions.
[13:15.640 --> 13:23.880]  It is the judge's place to determine the facts in accordance with the rules of evidence,
[13:23.880 --> 13:32.040]  then apply the law to the facts as the law, sorry, back up a second.
[13:32.040 --> 13:37.960]  Apply the law as it comes to him to the facts in the case.
[13:37.960 --> 13:41.080]  That's what we have in there for.
[13:41.080 --> 13:51.640]  We do not want a judge to look past the law and say, well, you know, the application of
[13:51.640 --> 13:58.920]  law in this particular instance, I personally don't consider it to be just and equitable.
[13:58.920 --> 14:02.840]  So I'm going to rule a different way.
[14:02.840 --> 14:05.520]  Hold on there above.
[14:05.520 --> 14:17.960]  We have about 800 years of Corpus Juris leading directly from the Magna Carta in 1216.
[14:17.960 --> 14:30.240]  We actually have about 6,000 years of law leading from the Code of Hatterabbe some 6,000 years
[14:30.240 --> 14:32.920]  ago.
[14:32.920 --> 14:45.480]  We have, for these last 6,000 years, been adjusting and rendering the code more sophisticated,
[14:45.480 --> 14:51.480]  considering it more relevant to changing political climates and conditions.
[14:51.480 --> 15:00.240]  We've had thousands of legislators considering almost every issue you could imagine, and
[15:00.240 --> 15:09.480]  they did their best to write a set of code that would provide just and equitable adjudication
[15:09.480 --> 15:10.480]  of cases.
[15:10.480 --> 15:16.160]  When the judge come along and say, I don't know, I don't like the way this looks, I don't
[15:16.160 --> 15:18.680]  trust my legislature.
[15:18.680 --> 15:26.400]  I don't trust this code that I've been put here to adjudicate, so I'm going to rule
[15:26.400 --> 15:27.520]  some other way.
[15:27.520 --> 15:29.760]  That's not what he's there for.
[15:29.760 --> 15:34.240]  That's not what his job is, and he has no right to do that.
[15:34.240 --> 15:37.560]  Even if it would serve you, he has no right to do that.
[15:37.560 --> 15:42.680]  He must determine the facts and the rules of evidence and apply the law, and the facts
[15:42.680 --> 15:53.280]  come to him and leave the rest to the legislature, or the appeals of Supreme Courts.
[15:53.280 --> 15:59.440]  With that said, you cannot go before the court and say, they did this wrong, they did that
[15:59.440 --> 16:05.000]  wrong, they did the other thing wrong, or they did this and they can't do that.
[16:05.000 --> 16:12.520]  You have to go before the court and say, the judge failed to perform his duty as prescribed
[16:12.520 --> 16:22.360]  by Article 1403 Code of Criminal Procedure in that he did not hold an examining trial
[16:22.360 --> 16:28.960]  under 2.11 as clearly defined by 16.01.
[16:28.960 --> 16:34.960]  That's how we tell the judge what happened or what went wrong, what he must do.
[16:34.960 --> 16:40.840]  Never make proactive statement of law out of your own mouth.
[16:40.840 --> 16:47.760]  Always make proactive statements of law out of the mouth of the legislature or the courts.
[16:47.760 --> 16:51.880]  Give the judge the facts, give him the law, talk a little more about that when we come
[16:51.880 --> 16:52.880]  back on the other side.
[16:52.880 --> 17:00.720]  Randy Kelton, Steve Skidmore, we were already over, we'll be right back.
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[19:21.000 --> 19:38.360]  Okay, we are back, we're in the county.
[19:38.360 --> 19:47.400]  Steve Skidmore with our radio on this December the 19th, and this track on our map.
[19:47.400 --> 19:57.800]  December the 19th, 2014, and I was talking about when you go before the court, especially
[19:57.800 --> 20:04.360]  if you have a criminal issue, and let me suggest that if you have a criminal issue that you're
[20:04.360 --> 20:16.040]  being prosecuted for, if you intend to represent yourself, you need someone else to advise you.
[20:16.040 --> 20:27.800]  I defended myself in an important case, and I was absolutely incompetent.
[20:27.800 --> 20:36.880]  I was incompetent because I had a dog in the hunt and was not able to think clearly.
[20:36.880 --> 20:44.640]  In spite of how smart I thought I was and how much I thought I knew, I was totally incompetent.
[20:44.640 --> 20:50.520]  So if you're going to try to represent yourself, make sure you find a mentor, and it's not
[20:50.520 --> 20:57.200]  necessarily someone who is fully versed in all of the law, but someone who can listen
[20:57.200 --> 21:05.360]  to what you're saying and tell you when you're acting from emotional motivations and when
[21:05.360 --> 21:08.440]  you're stating the facts in the law.
[21:08.440 --> 21:13.200]  When you go before the court, you give them the facts to case, and the law is that applies
[21:13.200 --> 21:16.880]  to the facts, and that's all.
[21:16.880 --> 21:22.200]  You can go before the court and give them the most compelling reasons as to why they
[21:22.200 --> 21:30.400]  should rule in your favor, and the judge may agree with you, and it may just tug at his
[21:30.400 --> 21:36.840]  heart that he can't give you your decision, but if you don't give him facts and law as
[21:36.840 --> 21:43.640]  it applies to those facts, he has no authority to give you a ruling in your favor.
[21:43.640 --> 21:45.360]  Okay, I'm going to stop right here.
[21:45.360 --> 21:46.360]  We have a couple of callers.
[21:46.360 --> 21:52.560]  If we run out of callers, I want to go back to this because I want to talk about how to
[21:52.560 --> 22:01.120]  think about the courts and how to hold your mind when you go into court and the kinds
[22:01.120 --> 22:03.520]  of research you need to do before you get there.
[22:03.520 --> 22:09.880]  Okay, we are going to go to one of my favorite callers, Ms. Leslie in Pennsylvania.
[22:09.880 --> 22:11.880]  Hello, Ms. Leslie.
[22:11.880 --> 22:14.360]  Hi, how are you?
[22:14.360 --> 22:15.360]  I am wonderful.
[22:15.360 --> 22:17.920]  I'm glad to hear from you.
[22:17.920 --> 22:20.280]  What have you been up to lately?
[22:20.280 --> 22:30.520]  Well, you know, I put in my appeal and they asked for 90 days to respond to the defendant.
[22:30.520 --> 22:33.480]  Why does that not surprise me?
[22:33.480 --> 22:36.240]  I read your appeal.
[22:36.240 --> 22:43.280]  If I had to respond to your appeal, I would want 90 days as well.
[22:43.280 --> 22:50.360]  Well, I was talking to a friend today and they have a mortgage situation where they
[22:50.360 --> 22:55.360]  have been in default for quite some time and they are passed the statute of limitations
[22:55.360 --> 22:57.520]  and we are talking about a quiet title.
[22:57.520 --> 23:07.800]  Then she tells me that she got a 1099 miscellaneous from the lender last March.
[23:07.800 --> 23:11.440]  How much was the 1099 for?
[23:11.440 --> 23:14.240]  She said it was for the amount of the mortgage.
[23:14.240 --> 23:16.080]  They wrote the whole thing off.
[23:16.080 --> 23:23.240]  Not only are they out of time, the 1099 is inappropriate, that's income tax fraud.
[23:23.240 --> 23:30.240]  Right, so should she put that in the quiet title that that shows that they gave off the
[23:30.240 --> 23:31.240]  rights?
[23:31.240 --> 23:36.240]  No, no, that has nothing to do with it.
[23:36.240 --> 23:45.440]  The 1099, in this case, it really has nothing to do with title.
[23:45.440 --> 23:51.640]  It has to do with the note and a claim based on the note.
[23:51.640 --> 24:00.320]  And the 1099 cannot be construed as a waiver of claim.
[24:00.320 --> 24:15.360]  I understand that a 1099 is filed once you write off a debt, but so far as the state
[24:15.360 --> 24:22.200]  is concerned and claims against the property is concerned, that's irrelevant.
[24:22.200 --> 24:26.200]  However, she has statute of limitations.
[24:26.200 --> 24:31.120]  We've had cases all over the country where the courts are actually beginning to uphold
[24:31.120 --> 24:32.120]  that one.
[24:32.120 --> 24:36.120]  Right, right, I've seen that.
[24:36.120 --> 24:42.360]  Yeah, so then she shouldn't just mention that in the quiet title.
[24:42.360 --> 24:45.680]  Yeah, okay, here would be my question.
[24:45.680 --> 24:56.160]  She'll say in the quiet title, they filed a 1099 against me at 1099 claiming that they
[24:56.160 --> 25:01.640]  had written off the entire debt, and I'm going to answer so what?
[25:01.640 --> 25:02.640]  Okay.
[25:02.640 --> 25:09.600]  Yeah, what does it have to do with the claim against the property unless you can find
[25:09.600 --> 25:17.280]  a way to address the claim against the property because they figured they're not going to
[25:17.280 --> 25:22.480]  get paid, you know, I wouldn't touch that at all.
[25:22.480 --> 25:25.160]  Oh, okay.
[25:25.160 --> 25:34.360]  I had one of my pleadings, the judge said that I was just complaining, and when I looked
[25:34.360 --> 25:36.600]  at the pleadings, he was right.
[25:36.600 --> 25:43.040]  So what should she do with the 1099, does she have to claim its income now?
[25:43.040 --> 25:50.760]  I would send that back to the IRS and show that there is no, oh, I'm sorry, hold on,
[25:50.760 --> 25:54.720]  I don't know.
[25:54.720 --> 25:57.320]  That goes to a tax issue.
[25:57.320 --> 26:01.920]  That doesn't have anything to do with the claim against the property.
[26:01.920 --> 26:07.280]  What has it to do with the claim against an individual?
[26:07.280 --> 26:10.880]  And what they're saying is we have written off the note.
[26:10.880 --> 26:23.440]  Now if they attempt to collect on the note, then the 1099 becomes income tax fraud.
[26:23.440 --> 26:27.400]  But that wouldn't be an issue to bring in court other than to show that they don't have
[26:27.400 --> 26:35.320]  standing to bring the issue because they're collaterally stopped from bringing the claim
[26:35.320 --> 26:45.240]  to the court because they have filed government documents taking the position that the debt
[26:45.240 --> 26:51.600]  was written off, and they've taken that position with the IRS.
[26:51.600 --> 26:57.560]  They can't now come to the borrower and say, we want to collect the debt that we have already
[26:57.560 --> 27:01.360]  written off and taken a tax deduction for.
[27:01.360 --> 27:08.280]  Well, she said she got this in March of this past year, but last month she got a letter
[27:08.280 --> 27:12.600]  from an attorney giving her a...telling her to contact her.
[27:12.600 --> 27:17.760]  She's going to file a notice of...what do you call it?
[27:17.760 --> 27:18.760]  Default.
[27:18.760 --> 27:19.760]  Okay.
[27:19.760 --> 27:29.600]  Sue the attorney or send the attorney a tort letter after the tort letter, and that gives
[27:29.600 --> 27:38.000]  notice that it's the false claim if the attorney or...I'm sorry, not...but probably would be
[27:38.000 --> 27:48.120]  good to combine the tort letter with a letter.
[27:48.120 --> 27:56.440]  So in the tort letter, you dispute all debts, accused the lawyer of malpractice, ask for
[27:56.440 --> 28:02.600]  damages against the lawyer for malpractice or prove up the debt.
[28:02.600 --> 28:05.800]  So you can combine both of them together.
[28:05.800 --> 28:16.840]  In order for a letter to be a dispute under the FDCPA, you don't have to say, I'm disputing
[28:16.840 --> 28:20.920]  the debt under the Fair Debt Collections Practices Act.
[28:20.920 --> 28:28.120]  You just need to dispute the debt, and if she sends a letter saying that I don't know who
[28:28.120 --> 28:32.880]  you are and that we're in a contract with you, that we're in a contract with your alleged
[28:32.880 --> 28:43.360]  principal, you are committing malpractice and attempting to collect this invalid debt, prove
[28:43.360 --> 28:47.960]  up the debt, or pay me harm in this amount.
[28:47.960 --> 28:56.120]  And a good amount would be $1,500, that's the first claim you would get under FDCPA.
[28:56.120 --> 28:57.120]  Okay.
[28:57.120 --> 29:05.440]  And then when they don't see you the money, or they attempt to collect again, it was almost
[29:05.440 --> 29:07.280]  certainly will.
[29:07.280 --> 29:14.920]  Now you have, she has documented collateral on a stop-all.
[29:14.920 --> 29:15.920]  Okay.
[29:15.920 --> 29:25.520]  So if they send her a notice for, you know, the 30-day notice of notice to cure, that
[29:25.520 --> 29:30.000]  she could just take that to the court and file a lawsuit to stop them?
[29:30.000 --> 29:32.280]  Yes, she can sue the lawyer.
[29:32.280 --> 29:43.000]  And we have a case here, the Santiago Mackey case, where the lawyer was sued personally.
[29:43.000 --> 29:46.120]  And I'll explain that when we come back on the other side.
[29:46.120 --> 29:52.840]  This is Randy Kelton, Steve Skidmore, we live on radio, I'll call it number 512-646-1984.
[29:52.840 --> 29:55.120]  We'll be right back.
[29:55.120 --> 30:06.560]  Here in the US, you can name your child pretty much anything you want, but creative naming
[30:06.560 --> 30:09.920]  and weird spelling won't fly in other parts of the world.
[30:09.920 --> 30:13.720]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment with some surprising
[30:13.720 --> 30:43.680]  lies about baby names.
[30:44.680 --> 30:46.880]  Is it a girl or a boy?
[30:46.880 --> 30:51.520]  In Denmark and Germany, you should be able to tell by the baby's name, it's the law.
[30:51.520 --> 30:56.760]  For example, the name Matty is verboten in Germany because it could cause gender confusion.
[30:56.760 --> 31:00.880]  Several countries won't allow names considered harmful to a child's self-image.
[31:00.880 --> 31:05.920]  The names Adolf Hitler and Satan are banned in New Zealand, which might be understandable.
[31:05.920 --> 31:09.920]  But fans of the king of rock and roll might wonder why the name Elvis has been rejected
[31:09.920 --> 31:10.920]  in Sweden.
[31:10.920 --> 31:15.680]  What's not surprising is that Chinese baby naming laws reflect the country's control
[31:15.680 --> 31:16.680]  agenda.
[31:16.680 --> 31:21.280]  Parents must give newborns names that can be easily scanned by a computer for the country's
[31:21.280 --> 31:23.480]  national ID card program.
[31:23.480 --> 31:52.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:53.480 --> 32:19.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:19.480 --> 32:45.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:45.480 --> 33:11.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[33:11.480 --> 33:40.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[33:40.480 --> 34:09.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[34:09.480 --> 34:38.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[34:38.480 --> 35:07.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[35:07.480 --> 35:34.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[35:34.480 --> 36:03.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[36:03.480 --> 36:32.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[36:32.480 --> 37:01.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[37:02.480 --> 37:31.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[37:32.480 --> 38:01.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[38:02.480 --> 38:30.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[38:30.480 --> 38:51.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[38:51.480 --> 39:20.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[39:20.480 --> 39:49.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[39:49.480 --> 40:18.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[40:18.480 --> 40:47.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[40:47.480 --> 41:14.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[41:14.480 --> 41:41.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[41:41.480 --> 42:08.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[42:08.480 --> 42:33.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[42:33.480 --> 43:02.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[43:03.480 --> 43:08.480]  Okay, now we're going to Danny in Tennessee.
[43:08.480 --> 43:16.480]  Hello Danny, tell us about Great Jailbreak.
[43:16.480 --> 43:23.480]  Well, I guess you saw the email then you figured out it was a jailbreak.
[43:23.480 --> 43:27.480]  Yeah, I did.
[43:27.480 --> 43:39.480]  I can't tell you a lot, just a couple of teenagers over teenagers said they were bent to be tried as adults.
[43:39.480 --> 43:42.480]  Okay, hold on, hold on, we're about to go to break.
[43:42.480 --> 43:50.480]  This is Randy Kelton, Steve Skidmore with Rural Radio, call in number 512-646-1984.
[43:50.480 --> 44:02.480]  We had a couple of slots open on the boards, so give us a call, we'll be right back.
[44:02.480 --> 44:12.480]  Hello, my name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by our store at 1904 Waterloo Street, C.D. here in Austin, Texas.
[44:12.480 --> 44:18.480]  Find brave new books and chase them to see all our fantastic health and wellness products with your very own eyes.
[44:18.480 --> 44:22.480]  Take a look at our miracle healing clay that started our adventure in alternative medicine.
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[44:30.480 --> 44:37.480]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.480 --> 44:43.480]  That's 512-264-4043 naturespureorganics.com.
[44:43.480 --> 44:47.480]  Don't forget to like us on Facebook for information on events and our products.
[44:47.480 --> 44:49.480]  This is naturespureorganics.com.
[45:17.480 --> 45:23.480]  Know what your lawyer should be doing. If you don't have a lawyer, know what you should do for yourself.
[45:23.480 --> 45:28.480]  Thousands have won with our step-by-step course and now you can too.
[45:28.480 --> 45:34.480]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.480 --> 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.
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[45:52.480 --> 46:14.480]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EV.
[46:22.480 --> 46:41.480]  Okay, we are back. Randy Kelton's D. Skidmore at Ruleoflaw Radio and we're talking to Danny in Tennessee.
[46:41.480 --> 46:53.480]  Okay, Danny, so a couple of girls being tried as adults. Did they catch them?
[46:53.480 --> 47:05.480]  Oh, hold on, dude. Unnew didn't take. There we go. It took that time. Okay, there you go, Danny. Did they catch them?
[47:05.480 --> 47:11.480]  Yeah, it's teenagers, but it wasn't girls. I mean, older teenagers are going to be tried as adults.
[47:11.480 --> 47:18.480]  I know one of the times I was looking out the window last Friday, saw a deputy on the ground.
[47:18.480 --> 47:24.480]  He was yelling up to the top of the building, don't you move? Put your hands up, don't you move?
[47:24.480 --> 47:36.480]  But it was dark on top and I couldn't see where it was. He was seeing, but sometime later there was a couple of running around with flashlights on the roof and checking every spot.
[47:36.480 --> 47:44.480]  So they caught, I think they caught the guy on the roof first and on the news, I heard him say they caught the other one in a closet in the courtroom.
[47:44.480 --> 47:56.480]  So they didn't make it out of the building. Right, but he saw his pictures and all the cars that were out here.
[47:56.480 --> 48:06.480]  Yeah, nice. Lots of excitement. He was kind of hoping you'd go down there and we could hear you getting beaten into unconsciousness and thrown in jail.
[48:06.480 --> 48:18.480]  We had someone on the phone once and he was in a college parking lot and the cops come over to get him to, it was after the college was shut down to get him to leave the parking lot.
[48:18.480 --> 48:24.480]  We told him we were trying to get him beaten into unconsciousness. We had a great fun.
[48:24.480 --> 48:29.480]  Okay, you had something you wanted to talk about.
[48:29.480 --> 48:43.480]  Well, yeah, sort of timing. I put in a quiet title action here by my mother's house, the reverse mortgage, and then she died and so they come to you.
[48:43.480 --> 48:51.480]  So I knew about all the kind of stuff, like there had been a transfer if it wasn't a traditional lender anymore.
[48:51.480 --> 48:59.480]  You know, all these kinds of things that make him prove he died.
[48:59.480 --> 49:03.480]  Danny, your phone is kind of breaking up.
[49:03.480 --> 49:10.480]  Can you kind of see if you can find a place where it gets a better signal?
[49:10.480 --> 49:16.480]  Well, no, this won't get a better signal, but maybe better placement of the mic. Does that mean better?
[49:16.480 --> 49:19.480]  That sounds much better.
[49:19.480 --> 49:22.480]  Okay, I had to close to my mouth.
[49:22.480 --> 49:36.480]  And so because there was, you know, inheritance and an estate involved, it problems with standing and went through things I thought would take care of that.
[49:36.480 --> 49:49.480]  I got probate open and then had the executor and I was pointing to the executor and then go back, well, you know, now we've got the executor and the judge coming back then.
[49:49.480 --> 50:02.480]  Well, yeah, that was good. It dropped me from the suit and they had the estate, but the estate being an entity required to be represented in court by an attorney.
[50:02.480 --> 50:14.480]  And so, you know, didn't have enough other resources in the estate to really make it worthwhile to try to get an attorney to go through this.
[50:14.480 --> 50:32.480]  So my solution was to get with my brother, which was the other pair for the house, and did a quick claim deed to pay the estate. It won't be directly involved.
[50:32.480 --> 50:51.480]  And my thought was that this, you know, the property but for closer sale to taking place by then, get the property in, any claims on the property that would be in that court at the time turned over to me.
[50:51.480 --> 51:07.480]  And, you know, they had, from the beginning, they had a motion to dismiss first for failure to state a claim and also for lack of standing. Well, after reading the things about the states, I had agreed that this, you know, the standing was a problem,
[51:07.480 --> 51:22.480]  but we're going to get that fixed, but then there's a problem of having to have an attorney, so I thought I got that fixed. And, you know, the judge never did do an order on them.
[51:22.480 --> 51:43.480]  Well, the attorneys didn't turn one in. And, you know, this came up at some time, and the judge was advising them in front of me in court to go with some re-judgment instead of pursuing the motion to dismiss any further.
[51:43.480 --> 51:58.480]  And so I kind of objected to that. And then after, in due to that, well, I wrote up an order, two orders. One granting the dismissal and one denying the dismissal, you know, never signed either one.
[51:58.480 --> 52:16.480]  And so one on for the summary judgment and, you know, found in their favor, but the first thing was, and it looks like the main thing, the me and the order, and I think I gave you a copy of that there, is lack of standing.
[52:16.480 --> 52:35.480]  But trying to make this a dismissal with prejudice. Well, I kind of think that, you know, this is really still just a dismissal. And once he said, Dad doesn't have the authority to go any further with it,
[52:35.480 --> 52:46.480]  he should have done that before with the motion to dismiss. And my question is sort of a matter of timing because I try to go on appeal with this.
[52:46.480 --> 53:08.480]  And, you know, they do end up, you know, getting rid of the prejudice part, but should they dismiss for lack of standing and then go back to court, they do that. It'll be past the time to file a new action for, you know, getting the standing all worked out and filing a new action
[53:08.480 --> 53:25.480]  to pass the time, the statute of limitations. So that's kind of my concern here is getting the timing on this done, but I'm sure that they'd be looking at this and they could stretch out the time until it was passed.
[53:25.480 --> 53:44.480]  So you're concerned with the dismissal against you and you're running out of time to refire. Is that the case? Right. Oh, okay. If I go on to appeal, if I go on to appeal, you know, let's stretch it out.
[53:44.480 --> 54:03.480]  And maybe they'll go with, okay, should have been just a dismissal instead of some judgment with prejudice and send it back down and done that, but then in past time, statute of limitations to do a fresh one.
[54:03.480 --> 54:22.480]  That is an interesting issue. And we're generally on the other side of the issue. And I haven't argued or researched the statute of limitations from this side.
[54:22.480 --> 54:37.480]  So we really don't know how to answer that. You've got the dismissal. Yeah, and my other thought was we'll just let this go, get the other problems worked out with probate court and get it all finished.
[54:37.480 --> 54:55.480]  The probate judge is awarding me the claims, any claims that might be on the property, how that order available, and then do a new action. Well, they're going to have a dismissal because the other ones with prejudice appeal that and then challenge the
[54:55.480 --> 55:13.480]  previous judgment as being a valid summary judgment when it says in the order that, you know, first point was lack of standing. And so that's as far as...
[55:13.480 --> 55:18.480]  Okay, so you have the lack of standing issue on appeal. Is that correct?
[55:18.480 --> 55:36.480]  No, I'm wondering about doing that. Yeah, I would appeal it. And then if you can get, if you can stall the appeal long enough, because you got an appeal to the court of appeals and then the supreme, you can use that to stall things long enough
[55:36.480 --> 55:56.480]  because the clock is not running. So you install things long enough to get the probate ruling, then file an action based on the probate ruling and the non suit this original that's on appeal and start this thing over again or let the appeal
[55:56.480 --> 56:11.480]  go ahead and run, and you'll already have a... Well, I'm looking at how to get another issue in before you get a ruling from the court of appeals, because that's going to stop your court, you know?
[56:11.480 --> 56:36.480]  If Supreme Court was the one that will end your time to file, so statute of limitations is going to be told until your appeals are expired. So if you can get your position as from the probate court, you get standing from the probate court, then that's
[56:36.480 --> 56:56.480]  an interesting issue. They're saying that at the time of the ruling, you didn't have standing. So how is your standing affected if the probate court grants you standing?
[56:56.480 --> 57:17.480]  Does your standing back up to the original ruling? Or did you always have standing because you had a right to the claim? Or are they going to say you only accrued standing once the probate court ruled?
[57:17.480 --> 57:38.480]  Is it clear what I'm getting at? I'm saying once the probate court rules and says, yeah, you have a claim here that you always had to claim, and it's only certified that you have the claim now. That's not when you accrued, you accrued when your mother died.
[57:38.480 --> 57:56.480]  So this will establish that, in fact, you did have standing? Well, no, by the way, I read what they said and what the attorneys brought up was, well, this state had to claim that it had to be brought by the executor.
[57:56.480 --> 58:22.480]  So even if you get the ruling that you have a claim, you still can't bring it? Well, hold on, hold on, we're about to go to break this date. Let's pick this up on the other side. Tony, Walt, I see you there.
[58:22.480 --> 58:35.480]  We will get to you, folks. This is Randy Kelton, Steve Skidmore, rule of law radio. I call in number 512-646-1984. We're going into our second hour.
[58:35.480 --> 58:50.480]  Call Tim to build up toward the end, so if you have a question or comment, give us a call. We'll be taking your calls all night. We'll be right back.
[58:50.480 --> 59:01.480]  Would you like to make more definite progress in your walk with God? Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.480 --> 59:13.480]  The New Testament recovery version is one of the most comprehensive study Bibles available today. It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.480 --> 59:27.480]  The free books are a three-volume set called Basic Elements of the Christian Life. 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 --> 59:49.480]  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. That's 888-551-0102. Or visit us online at bfa.org.
[59:58.480 --> 01:00:13.480]  This is The Liberty Beat, your daily source for Liberty News and activist updates. Online at TheLibertyBeat.com. I'm Brian Hagan with your Liberty Beat for Thursday, December 18, 2014.
[01:00:13.480 --> 01:00:22.480]  Gold is trading around $1,194. Silver, around $15.98. And Bitcoin is trading around $311.73.
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[01:00:32.480 --> 01:00:44.480]  Visit the new online store at rbi.co or call them up at 800-874-9760. Support for today's edition of The Liberty Beat comes from eFoods Direct Storeable Food.
[01:00:44.480 --> 01:00:56.480]  Redefining the way you think about storeable food. Learn more at eFoodsDirect.com slash Liberty Beat. In the news, on Wednesday, President Obama announced major changes in the United States policy towards Cuba.
[01:00:56.480 --> 01:01:08.480]  Obama stated that a deal was struck with the nation to release three Cuban agents in exchange for two Americans, including an unnamed intelligence agent and U.S. aid subcontractor, Alan Gross.
[01:01:08.480 --> 01:01:14.480]  The president said he instructed Secretary of State John Kerry to reestablish diplomatic relations with Cuba.
[01:01:14.480 --> 01:01:19.480]  He also stated that Kerry would reevaluate Cuba's designation as a state sponsor of terrorism.
[01:01:19.480 --> 01:01:29.480]  Late Wednesday, the U.S. government announced they believe North Korea was responsible for a recent cyber attack on Sony Pictures.
[01:01:29.480 --> 01:01:38.480]  The Associated Press reported the investigators had concluded the isolated nation was behind the hack, likely in response to the planned release of the comedy The Interview.
[01:01:38.480 --> 01:01:44.480]  The film features actors Seth Brogan and James Franco playing characters who attempt to assassinate the North Korean leader.
[01:01:44.480 --> 01:01:50.480]  Sony Pictures also announced on Wednesday that the film would not be released on Christmas Day, as was scheduled.
[01:01:50.480 --> 01:02:02.480]  DNA or Navajo communities in the Black Mesa region of Northeastern Arizona have continued to oppose mining operations on their land in the face of swat team raids and animal theft.
[01:02:02.480 --> 01:02:12.480]  The Black Mesa communities, say Hopi Rangers, working with the Federal Bureau of Indian Affairs, or PIA, and the Department of the Interior, raided their land and impounded 300 sheep.
[01:02:12.480 --> 01:02:16.480]  Authorities accused the Navajo of exceeding the amount of sheep allowed by permit.
[01:02:16.480 --> 01:02:21.480]  The Navajo believe the theft is related to Peabody Energy's coal mining operations in the area.
[01:02:21.480 --> 01:02:29.480]  The Navajo Nation Tribal Council released a letter accusing the federal government of instigating the raids and attempting to force them off the land.
[01:02:29.480 --> 01:02:32.480]  The liberty beat is sponsored by My Magic Mud.
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[01:02:49.480 --> 01:02:54.480]  This is the Liberty Beat for Thursday, December 18, 2014.
[01:02:54.480 --> 01:03:10.480]  Check out the website at thelibertybeat.com.
[01:03:24.480 --> 01:03:37.480]  Okay, we are back.
[01:03:37.480 --> 01:03:39.480]  Randy Kelton is the Skidmore.
[01:03:39.480 --> 01:03:47.480]  We've got radio on this Friday, December 19, and we're talking to Danny in Tennessee.
[01:03:47.480 --> 01:03:50.480]  Okay, that's an interesting issue.
[01:03:50.480 --> 01:03:55.480]  Only the executor of the estate.
[01:03:55.480 --> 01:04:05.480]  What if the estate goes out of probate before the lawsuit's over?
[01:04:05.480 --> 01:04:18.480]  The executor ceases to exist, and you become standing, you would have to be named as plaintiff or defendant, whichever case it is.
[01:04:18.480 --> 01:04:30.480]  Well, the way I was trying to do it and get it out of the state was with quick claim deed from the estate by the executor to me personally.
[01:04:30.480 --> 01:04:34.480]  I don't think a quick claim will do it.
[01:04:34.480 --> 01:04:36.480]  Yeah, well, that's what they're saying.
[01:04:36.480 --> 01:04:45.480]  Yeah, a quick claim would only transfer to you a claim that your mother had.
[01:04:45.480 --> 01:04:59.480]  And the plaintiff is saying your mother doesn't have a claim because when she passed away, the claim accrued to them.
[01:04:59.480 --> 01:05:03.480]  Does that make sense?
[01:05:03.480 --> 01:05:10.480]  Yeah, to some extent, but if that's right, it's for probate claims.
[01:05:10.480 --> 01:05:15.480]  Maybe she broke up there.
[01:05:15.480 --> 01:05:23.480]  I said, yeah, maybe, but if that's the case, then what claim would there be after probate closes?
[01:05:23.480 --> 01:05:31.480]  That would, well, you have a claim, you're maintaining a claim.
[01:05:31.480 --> 01:05:36.480]  I'm not, wait a minute, no, no, you missed my point here.
[01:05:36.480 --> 01:05:52.480]  The claim they're making, if the court rules that the property belongs to the foreclosing agent, then even probate couldn't give you a claim.
[01:05:52.480 --> 01:05:55.480]  But as I understand, they haven't done that yet, have they?
[01:05:55.480 --> 01:05:59.480]  They've just ruled that you don't have standing.
[01:05:59.480 --> 01:06:08.480]  So you didn't have standing when the case began, but the case is not adjudicated yet.
[01:06:08.480 --> 01:06:18.480]  If you can hang it in the courts until probate is over and probate assigns you all claims in the property.
[01:06:18.480 --> 01:06:32.480]  Now, regardless of what the ultimate outcome is, now you have standing and the appeal would become moot.
[01:06:32.480 --> 01:06:35.480]  Okay, what about the summary judgment, though?
[01:06:35.480 --> 01:06:41.480]  Well, you can move to vacate because the summary judgments were based on lack of standing.
[01:06:41.480 --> 01:07:01.480]  And since the summary judgment was never a final ruling because it's still being appealed, now the ruling becomes moot or becomes improper because now you've accrued standing.
[01:07:01.480 --> 01:07:18.480]  There's nothing you could file with Court of Appeals. The only reason for claiming you didn't have standing is because of the probate.
[01:07:18.480 --> 01:07:31.480]  Okay, I've got another little question for you, kind of related to the court rules that have to do with summary judgment here.
[01:07:31.480 --> 01:07:53.480]  So I said, told me doing a summary judgment, I started looking up the rules on it. Well, for filing and the hearing and everything, what it said was that the one filing for the summary judgment had to file it at least 30 days prior to hearing on it.
[01:07:53.480 --> 01:08:01.480]  And the respondent had to put the response in at least five days before the hearing.
[01:08:01.480 --> 01:08:09.480]  So to me that sounded like, you know, the hearing date kind of set the deadline for when to get the response in.
[01:08:09.480 --> 01:08:38.480]  But the judge had basically changed that in order from time before, saying for them to do the summary judgment and have it in by a certain date where the date was, and then that I had to have the response in within 30 days.
[01:08:38.480 --> 01:09:01.480]  Okay, what was the date for your response within the time limits as prescribed by law? You have how many days after the filing to file an answer?
[01:09:01.480 --> 01:09:08.480]  Well, what the general rule said was had to file it at least five days prior to hearing.
[01:09:08.480 --> 01:09:27.480]  Okay, from the general rule, you're going to have, okay, that's the rule. What about the civil procedure? Does the civil procedure set a time for responding to motions or proceedings?
[01:09:27.480 --> 01:09:38.480]  Well, let me explain here. They filed a summary judgment motion and you just don't file. You don't answer.
[01:09:38.480 --> 01:09:51.480]  Then they would have a right to a default judgment. So in order to have that right, there has to be a limit on how long you have to file, to only 30 days.
[01:09:51.480 --> 01:09:58.480]  Okay, well, yeah, but... So you have to include that rule here. Okay.
[01:09:58.480 --> 01:10:11.480]  So they would have to file their summary judgment motion and they could not set the summary judgment motion for hearing sooner than 35 days after they filed it.
[01:10:11.480 --> 01:10:30.480]  Or if you got 30 days to answer and it has to be, your answer has to be in five days before hearing, then they couldn't set the hearing in that 35-day window.
[01:10:30.480 --> 01:10:33.480]  Does that make sense?
[01:10:33.480 --> 01:10:45.480]  Well, sort of. There was another little issue in this too, though, because of some problems with some of their exhibits, which I pointed out to you before if you can remember that.
[01:10:45.480 --> 01:10:49.480]  And it's in one of the attachments, that email I sent.
[01:10:49.480 --> 01:10:51.480]  No, I don't remember.
[01:10:51.480 --> 01:10:57.480]  I put in a motion to strike.
[01:10:57.480 --> 01:11:05.480]  And so, you know, part of it also was... Was the motion to strike heard? Was it answered and heard?
[01:11:05.480 --> 01:11:08.480]  Yes. Yes.
[01:11:08.480 --> 01:11:11.480]  Granted, or denied?
[01:11:11.480 --> 01:11:13.480]  Denied.
[01:11:13.480 --> 01:11:16.480]  Okay. Okay, go ahead.
[01:11:16.480 --> 01:11:28.480]  But there's the same day as the motion for summary judgment. And, you know, part of my thinking was, or might have been wrong, was in order to know exactly what I would be answering to,
[01:11:28.480 --> 01:11:35.480]  and they didn't know the result of that motion to strike.
[01:11:35.480 --> 01:11:40.480]  I don't see how one has to do with the other.
[01:11:40.480 --> 01:11:42.480]  What were you striking?
[01:11:42.480 --> 01:11:48.480]  Some of their exhibits and some parts of the affidavit.
[01:11:48.480 --> 01:11:54.480]  So, and what was the claim for summary judgment?
[01:11:54.480 --> 01:11:59.480]  Well, the main thing was the lack of standing.
[01:11:59.480 --> 01:12:00.480]  Okay.
[01:12:00.480 --> 01:12:02.480]  That was the first thing brought up.
[01:12:02.480 --> 01:12:14.480]  I don't understand how the motion to strike their pleading has anything to do with how you would answer the summary judgment.
[01:12:14.480 --> 01:12:27.480]  If you have a summary judgment that you have to answer and you're trying to get some of their exhibits stricken, you have to answer that summary judgment as if your motion's going to be denied, which it was.
[01:12:27.480 --> 01:12:28.480]  Okay.
[01:12:28.480 --> 01:12:34.480]  And your motion to strike would be irrelevant.
[01:12:34.480 --> 01:12:46.480]  That's why you have to make sure you get your answer in timely because you may not get your motion to strike.
[01:12:46.480 --> 01:13:05.480]  I know the only one that stops the clock on your time to file is when a dispositive motion is filed, then if there's a secondary motion that wouldn't dispose of the case,
[01:13:05.480 --> 01:13:15.480]  and they file a motion that would dispose of the case, then like I file an FDCPA suit.
[01:13:15.480 --> 01:13:19.480]  They file a Rule 12 motion to dismiss.
[01:13:19.480 --> 01:13:32.480]  That Rule 12 motion to dismiss stops the clock on the time they have to answer my original suit because if they win the FDCPA, there's no point in answering the suit.
[01:13:32.480 --> 01:13:41.480]  But filing a non-dispositive motion, that won't stop anything like the motion to strike.
[01:13:41.480 --> 01:13:53.480]  That would only kick out their exhibits. The dispositive motion would still stand, so you would need to answer it anyway.
[01:13:53.480 --> 01:13:56.480]  I hope that makes sense.
[01:13:56.480 --> 01:14:03.480]  Yeah, yeah, I see. Sort of a hierarchy and level of importance.
[01:14:03.480 --> 01:14:06.480]  Okay. Is that about it?
[01:14:06.480 --> 01:14:08.480]  Yeah, I think so. Thanks.
[01:14:08.480 --> 01:14:14.480]  Got you all straightened out. You're totally confused.
[01:14:14.480 --> 01:14:24.480]  Well, I'm not as confused as I was. You know, your strategy on this sounded like something to do.
[01:14:24.480 --> 01:14:31.480]  Okay, so if you can get that probate done, then you should be able to jump right in there with standing.
[01:14:31.480 --> 01:14:39.480]  Okay, and already having the summary judgment there won't matter since that's what the main point was.
[01:14:39.480 --> 01:14:43.480]  Right, it makes the summary judgment move.
[01:14:43.480 --> 01:14:50.480]  Okay, thank you for calling. Now we're going to go to Tony in Pennsylvania.
[01:14:50.480 --> 01:14:53.480]  Hello, Tony. What do you have for us today?
[01:14:53.480 --> 01:14:55.480]  Can you hear me okay, Randy?
[01:14:55.480 --> 01:14:57.480]  Yes, I can.
[01:14:57.480 --> 01:15:02.480]  Great. First of all, I want to thank you guys for doing your show and what you all do.
[01:15:02.480 --> 01:15:07.480]  And I want you to know that people out there do appreciate what you do and you do change some lives.
[01:15:07.480 --> 01:15:10.480]  And that's I think what this is all about.
[01:15:10.480 --> 01:15:17.480]  Well, I'm glad to hear because we talked to essentially to air we're talking to this microphone.
[01:15:17.480 --> 01:15:23.480]  So sometimes it's hard to tell if we're making a difference or not.
[01:15:23.480 --> 01:15:32.480]  Yes, and then of course I want to wish you all and Steve and everybody a happy holidays and I wish you guys the best.
[01:15:32.480 --> 01:15:38.480]  Humbug, humbug, humbug. Steve's not here tonight.
[01:15:38.480 --> 01:15:44.480]  I think he got trounced in court today and he's doing some research.
[01:15:44.480 --> 01:15:49.480]  Well, that's completely understandable. And by the way, we didn't expect nothing less, right?
[01:15:49.480 --> 01:15:57.480]  Exactly. They got a visiting judge and that's what they bring visiting judges in for.
[01:15:57.480 --> 01:16:02.480]  You know what? I almost forgot. I had two questions for you real quickly.
[01:16:02.480 --> 01:16:08.480]  But since you mentioned that, I want to point something out I think is really important.
[01:16:08.480 --> 01:16:15.480]  You know, I've talked to you in the past, Randy, about all the corruption here in Philadelphia, Pennsylvania, all that good stuff.
[01:16:15.480 --> 01:16:27.480]  Ironically, the day before Thanksgiving, all right, the sitting judge who my understanding is handles all of the foreclosures.
[01:16:27.480 --> 01:16:31.480]  Maybe just about all of them. All of them are not sure exactly.
[01:16:31.480 --> 01:16:35.480]  15 years on the bench resigned.
[01:16:35.480 --> 01:16:39.480]  Oh, that's probably a good thing.
[01:16:39.480 --> 01:16:49.480]  Hang on. We're about to go to break. This is Randy Kelton, Steve's Kidmore. We have already our call in number 512-646-1984.
[01:16:49.480 --> 01:17:00.480]  We have an open spot on the board. So if you have a question, comment, give us a call. We'll be right back.
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[01:19:24.480 --> 01:19:29.480]  Well, okay, we are back.
[01:19:29.480 --> 01:19:31.480]  Randy Kelton, Steve Skidmore.
[01:19:31.480 --> 01:19:39.480]  We've got a radio on this December the 19th, 2014, and we're talking to Tony from Pennsylvania.
[01:19:39.480 --> 01:19:48.480]  And my notes say you are looking for some unique perspectives on mortgage.
[01:19:48.480 --> 01:19:58.480]  Well, I'll tell you what I mean. It's your special unique twist on this, which only you have, and that's why I wanted to ask you.
[01:19:58.480 --> 01:20:00.480]  Two quick questions.
[01:20:00.480 --> 01:20:07.480]  First question is about, by the way, just real quickly about the judge resigning 16 years on the bench.
[01:20:07.480 --> 01:20:14.480]  My understanding is she spearheaded a loan modification program, which we all understand what that really is.
[01:20:14.480 --> 01:20:19.480]  And that sent up an immediate red flag when I heard that.
[01:20:19.480 --> 01:20:26.480]  And then two weeks after I heard that, she mysteriously resigned.
[01:20:26.480 --> 01:20:30.480]  Wait a minute, her debt?
[01:20:30.480 --> 01:20:37.480]  She just resigned. Two weeks after I heard from my lawyer, by the way, Ms. Leslie, as you call her, wonderful lady.
[01:20:37.480 --> 01:20:45.480]  Boat me up with a very unique special lawyer who is part of the system we're trying to fix, you know.
[01:20:45.480 --> 01:20:52.480]  And he mentioned that to me when I asked him about what was the state of the atmosphere, what was going on.
[01:20:52.480 --> 01:20:57.480]  He mentioned that to me that she spearheaded the program, and that was an immediate red flag for me.
[01:20:57.480 --> 01:21:03.480]  And then two weeks later, she resigned, and I know we're 16 years on the bench.
[01:21:03.480 --> 01:21:15.480]  I think that's amazing, and I think it's a sign of the times to come because of what you and people like Leslie are doing here.
[01:21:15.480 --> 01:21:20.480]  We're getting more cases ruled in our favor.
[01:21:20.480 --> 01:21:32.480]  It's taken a long time to get the judges to change directions, but it appears as though the momentum is moving in our direction.
[01:21:32.480 --> 01:21:41.480]  We have that recent case out of, I think it was out of Wisconsin or Florida.
[01:21:41.480 --> 01:21:59.480]  We have one out of Florida where American wholesale lenders had to, the holder had to discourage all of the funds paid to them because American wholesale lenders was never incorporated in New York the way they claimed to be.
[01:21:59.480 --> 01:22:08.480]  We had another one out of Illinois, I'm saying Illinois, I think it was one of the northern states.
[01:22:08.480 --> 01:22:19.480]  It might have been Michigan or Wisconsin, where the court started out by saying, we have the saying no free homes.
[01:22:19.480 --> 01:22:25.480]  But in this case, the lender could not prove upstanding.
[01:22:25.480 --> 01:22:29.480]  And this was a Wells Fargo case.
[01:22:29.480 --> 01:22:39.480]  And because of that, they got the free home and Wells Fargo had to return all the money that had been paid to them.
[01:22:39.480 --> 01:22:45.480]  So these are some pretty serious changes.
[01:22:45.480 --> 01:22:50.480]  And we're getting more and more of them in Pennsylvania, holy mackerel.
[01:22:50.480 --> 01:22:55.480]  Did you hear Ms. Leslie earlier?
[01:22:55.480 --> 01:23:03.480]  I did, but I want to tell you a very funny, ironic story because Leslie was friendly enough to furnish me with that information.
[01:23:03.480 --> 01:23:12.480]  But ironically, I happened to be on another radio show two weeks before the time that she called you and told you about this.
[01:23:12.480 --> 01:23:14.480]  I believe it's the Washington case.
[01:23:14.480 --> 01:23:22.480]  Now, I happened to listen to another radio show, this guy's on the phone, picking up in no amount of time.
[01:23:22.480 --> 01:23:26.480]  But when he got down to the learning language of it, I couldn't believe it.
[01:23:26.480 --> 01:23:35.480]  This guy that you're talking about, that was a bankruptcy issue, but he had filed a matter be prior to that.
[01:23:35.480 --> 01:23:45.480]  And he was on this other show and he actually said that the lawyers for, and his case is the same as mine,
[01:23:45.480 --> 01:23:55.480]  Bank of New York Mellon, America's wholesale lender, the same Schwab Trusty 2007 series, the Trust Us Same Thing.
[01:23:55.480 --> 01:24:00.480]  And he's in a different radio show and he's talking about that.
[01:24:00.480 --> 01:24:13.480]  And the lawyers actually were paid to file a case on behalf of the bank and their own paperwork that they paid to submit as evidence preserved forever,
[01:24:13.480 --> 01:24:20.480]  stated directly that it was an invalid claim and had no stating.
[01:24:20.480 --> 01:24:24.480]  Their own paperwork stated this.
[01:24:24.480 --> 01:24:37.480]  So that was where, okay, that's where you had one lender making a claim and they came in and changed out the plaintiffs.
[01:24:37.480 --> 01:24:42.480]  Yeah, but the case that Leslie told you about was the bankruptcy.
[01:24:42.480 --> 01:24:51.480]  Prior to that, I don't understand why he went to the bankruptcy afterwards, but he filed in the regular court of law and that's what came out.
[01:24:51.480 --> 01:24:54.480]  And he dismissed it for that reason.
[01:24:54.480 --> 01:25:00.480]  And then for whatever reason, this case that Leslie brought you ended up in a bankruptcy.
[01:25:00.480 --> 01:25:06.480]  Okay, well, you're talking about the Florida case.
[01:25:06.480 --> 01:25:08.480]  Yeah, this was a Florida case.
[01:25:08.480 --> 01:25:11.480]  I think the guy's name was Washington.
[01:25:11.480 --> 01:25:16.480]  And that confused me at first because I'm thinking it's a Washington case.
[01:25:16.480 --> 01:25:22.480]  His name was Washington, and apparently there was an original plaintiff.
[01:25:22.480 --> 01:25:25.480]  And, oh no, I'm thinking of a different case.
[01:25:25.480 --> 01:25:32.480]  Now, this was one that strictly went to American wholesale lenders.
[01:25:32.480 --> 01:25:36.480]  And that should be a case you can bring.
[01:25:36.480 --> 01:25:44.480]  Even though it's out of Florida, it goes directly to American wholesale lenders.
[01:25:44.480 --> 01:25:51.480]  They've been mentioned a lot lately, but the one I'm referring to specifically is the one out of New Jersey.
[01:25:51.480 --> 01:25:57.480]  That's the one where there was a plaintiff.
[01:25:57.480 --> 01:26:07.480]  And then the plaintiff came in and petitioned to change the plaintiff to Wells Fargo.
[01:26:07.480 --> 01:26:12.480]  And that's how they were able to say that they didn't have standing.
[01:26:12.480 --> 01:26:17.480]  They're saying we didn't have standing, but Wells Fargo does.
[01:26:17.480 --> 01:26:20.480]  Does that correctly characterize it?
[01:26:20.480 --> 01:26:26.480]  This was the one where the guy, I think he had approximately a $500,000 mortgage.
[01:26:26.480 --> 01:26:29.480]  I think he only paid one or two months.
[01:26:29.480 --> 01:26:32.480]  This is the one where they came out.
[01:26:32.480 --> 01:26:36.480]  You mentioned it earlier in this broadcast that there's no free mortgage.
[01:26:36.480 --> 01:26:38.480]  That's the one I'm talking about.
[01:26:38.480 --> 01:26:42.480]  The same guy two weeks prior, I heard about the case prior to that.
[01:26:42.480 --> 01:26:46.480]  I don't understand why you went to bankruptcy after the fact, but it's the same guy
[01:26:46.480 --> 01:26:50.480]  because it's all the same particulars in my mortgage as what he has.
[01:26:50.480 --> 01:26:59.480]  Bankruptcy is a great way to do this because you go before a state district judge.
[01:26:59.480 --> 01:27:07.480]  And the state district judge has an interest in the local economy.
[01:27:07.480 --> 01:27:15.480]  And trashing all of these loans, he doesn't want the banks to lose too much money
[01:27:15.480 --> 01:27:20.480]  so that they won't do loans there or raise their interest rates.
[01:27:20.480 --> 01:27:23.480]  They have other considerations.
[01:27:23.480 --> 01:27:29.480]  When you go into bankruptcy, now you can have a trustee here.
[01:27:29.480 --> 01:27:37.480]  And the trustee has a duty to make sure that all of the assets are distributed properly.
[01:27:37.480 --> 01:27:39.480]  So there's a procedure.
[01:27:39.480 --> 01:27:50.480]  You file bankruptcy and all of those who claim to come in and file their claims.
[01:27:50.480 --> 01:27:57.480]  If you dispute one of those claims, the trustee cannot distribute the property
[01:27:57.480 --> 01:28:02.480]  until he's had an evidentiary hearing where the person making the claim
[01:28:02.480 --> 01:28:06.480]  must come before the court and prove up the claim.
[01:28:06.480 --> 01:28:13.480]  This is where we've had most of our wins because they simply cannot do it.
[01:28:13.480 --> 01:28:16.480]  We had one, one of my favorite one was in Fort Worth.
[01:28:16.480 --> 01:28:19.480]  The woman followed directions.
[01:28:19.480 --> 01:28:23.480]  The trustee is talking to these lawyers and the woman said,
[01:28:23.480 --> 01:28:28.480]  Your Honor, the lawyers had a big stack of papers they're referring to.
[01:28:28.480 --> 01:28:29.480]  Can I see those?
[01:28:29.480 --> 01:28:32.480]  And the judge said, Counselor Strong, she looks at them.
[01:28:32.480 --> 01:28:36.480]  There were her copies of her closing documents.
[01:28:36.480 --> 01:28:39.480]  She said, Your Honor, I've never seen these documents before.
[01:28:39.480 --> 01:28:40.480]  You've never seen those?
[01:28:40.480 --> 01:28:42.480]  No, I've never seen these before.
[01:28:42.480 --> 01:28:44.480]  Well, isn't that your signature?
[01:28:44.480 --> 01:28:45.480]  Oh, I never signed these documents.
[01:28:45.480 --> 01:28:48.480]  Your Honor, I've never seen them before.
[01:28:48.480 --> 01:28:51.480]  And the judge knew exactly what she was talking about.
[01:28:51.480 --> 01:28:56.480]  She said the judge ground on her for about 10 minutes and she never backed up.
[01:28:56.480 --> 01:28:57.480]  These were copies.
[01:28:57.480 --> 01:29:01.480]  She had never seen these copies before and she did not sign those copies.
[01:29:01.480 --> 01:29:06.480]  Said the judge sat back and smiled and looked over at the lawyers and said,
[01:29:06.480 --> 01:29:12.480]  Well, Counselors, it seems she's never seen these documents before.
[01:29:12.480 --> 01:29:17.480]  You're going to have to come back in my court with the originals.
[01:29:17.480 --> 01:29:19.480]  Gave them 60 days.
[01:29:19.480 --> 01:29:20.480]  They didn't show up.
[01:29:20.480 --> 01:29:23.480]  They wrote off the note.
[01:29:23.480 --> 01:29:25.480]  Yes, that's what I'm saying.
[01:29:25.480 --> 01:29:26.480]  Yeah, exactly.
[01:29:26.480 --> 01:29:32.480]  Now, my question, the two questions and a half you had to do with Bank of New York
[01:29:32.480 --> 01:29:37.480]  because, so, Leonard, it's being heard a lot lately.
[01:29:37.480 --> 01:29:38.480]  Okay, hang on.
[01:29:38.480 --> 01:29:39.480]  We're about to go to break again.
[01:29:39.480 --> 01:29:41.480]  This is Randy Kelton.
[01:29:41.480 --> 01:29:42.480]  Steve Skidmore.
[01:29:42.480 --> 01:29:43.480]  We're with Law Radio.
[01:29:43.480 --> 01:29:47.480]  I call in number 512-646-1984.
[01:29:47.480 --> 01:29:48.480]  Give us a call.
[01:29:48.480 --> 01:29:50.480]  We'll be taking your calls all night.
[01:29:50.480 --> 01:29:52.480]  We'll be right back.
[01:30:02.480 --> 01:30:06.480]  When the census form arrives, plenty of people fill out silly things,
[01:30:06.480 --> 01:30:10.480]  but fictitious job titles like Jedi Knights are apparently nothing new.
[01:30:10.480 --> 01:30:16.480]  I'm Dr. Catherine Albrecht and I'll be back to tell you about a 19th century pastor with a sense of humor.
[01:30:16.480 --> 01:30:18.480]  Privacy is under attack.
[01:30:18.480 --> 01:30:22.480]  When you give up data about yourself, you'll never get it back again.
[01:30:22.480 --> 01:30:26.480]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.480 --> 01:30:28.480]  So protect your rights.
[01:30:28.480 --> 01:30:32.480]  Say no to surveillance and keep your information to yourself.
[01:30:32.480 --> 01:30:34.480]  Privacy, it's worth hanging on to.
[01:30:34.480 --> 01:30:38.480]  This public service announcement is brought to you by StartPage.com,
[01:30:38.480 --> 01:30:42.480]  the private search engine alternative to Google, Yahoo, and Bing.
[01:30:42.480 --> 01:30:45.480]  Start over with StartPage.
[01:30:45.480 --> 01:30:50.480]  History and Peter Kittson study his antique census forms and church registers,
[01:30:50.480 --> 01:30:53.480]  looking for occupational facts that date back centuries.
[01:30:53.480 --> 01:30:57.480]  It can be a boring job, but when he found a parchment from 1819
[01:30:57.480 --> 01:31:03.480]  by the very reverent Dr. Peter Scrimshire Wood, he actually laughed out loud.
[01:31:03.480 --> 01:31:07.480]  The reverent had enlightened his boring job with some very creative job titles,
[01:31:07.480 --> 01:31:10.480]  including Knight of the Needle for a Tailor,
[01:31:10.480 --> 01:31:15.480]  Beggar Maker for a government official, and Master of the Burnt Crust for a baker.
[01:31:15.480 --> 01:31:19.480]  He even wrote Mantrap for a woman of questionable morals.
[01:31:19.480 --> 01:31:22.480]  It's a 200-year-old joke that gets a laugh even today.
[01:31:22.480 --> 01:31:24.480]  I'm Dr. Catherine Albrecht.
[01:31:24.480 --> 01:31:27.480]  More news and information at CatherineAlbrecht.com.
[01:31:31.480 --> 01:31:36.480]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.480 --> 01:31:38.480]  The government says that fire brought it down.
[01:31:38.480 --> 01:31:43.480]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.480 --> 01:31:46.480]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.480 --> 01:31:49.480]  And thousands of my fellow force respondents have died.
[01:31:49.480 --> 01:31:50.480]  I'm not a conspiracy theorist.
[01:31:50.480 --> 01:31:51.480]  I'm a structural engineer.
[01:31:51.480 --> 01:31:53.480]  I'm a New York City correction officer.
[01:31:53.480 --> 01:31:54.480]  I'm an Air Force pilot.
[01:31:54.480 --> 01:31:55.480]  I'm a father who lost his son.
[01:31:55.480 --> 01:31:58.480]  We're Americans, and we deserve the truth.
[01:31:58.480 --> 01:32:01.480]  Go to RememberBuilding7.org today.
[01:32:01.480 --> 01:32:05.480]  After work, I'm so tired that I want to be left alone to sleep.
[01:32:05.480 --> 01:32:07.480]  Hey, listen to me!
[01:32:07.480 --> 01:32:08.480]  How are you?
[01:32:08.480 --> 01:32:12.480]  I knew years ago when you felt healthy and young and everything worked on your body.
[01:32:12.480 --> 01:32:13.480]  Do you remember that?
[01:32:13.480 --> 01:32:14.480]  Yes.
[01:32:14.480 --> 01:32:15.480]  I wish I felt like that now.
[01:32:15.480 --> 01:32:20.480]  You can feel like that again with a new micro plant powder formulation called iodine now.
[01:32:20.480 --> 01:32:25.480]  It cleans the entire body from head to toe and feeds the body what it really needs.
[01:32:25.480 --> 01:32:28.480]  You'll be in a better mood and you'll find more drive in your romantic life.
[01:32:28.480 --> 01:32:29.480]  Really?
[01:32:29.480 --> 01:32:32.480]  I gotta try iodine now and feel good again.
[01:32:32.480 --> 01:32:38.480]  It also protects you from radiation, heavy metals, fluoride, chlorine and bromine including cancer and most major diseases.
[01:32:38.480 --> 01:32:39.480]  You'll be amazed.
[01:32:39.480 --> 01:32:41.480]  You can be your own doctor.
[01:32:41.480 --> 01:32:44.480]  I want to keep you out of the hospital and off pharmaceuticals.
[01:32:44.480 --> 01:32:46.480]  Wow, why are you so nice to me?
[01:32:46.480 --> 01:33:12.480]  Because of you, you're out of shape and I need a better looking future.
[01:33:12.480 --> 01:33:25.480]  Okay, we are back.
[01:33:25.480 --> 01:33:30.480]  Randy Kelton, Steve Skidmore with Rodeo.
[01:33:30.480 --> 01:33:37.480]  Absent Steve Skidmore, the lazy bum, too busy taking care of his people issues.
[01:33:37.480 --> 01:33:41.480]  To bother with us out in the air, he ought to be ashamed of himself.
[01:33:41.480 --> 01:33:49.480]  Okay, we're talking to Tony in Pennsylvania and where were we moving out?
[01:33:49.480 --> 01:34:01.480]  Well, the whole purpose of that talk about those cases, Randy, was because a lot of cases are coming up with America's wholesale lender and Bank of New York Mellon.
[01:34:01.480 --> 01:34:03.480]  And that leads me to my two questions.
[01:34:03.480 --> 01:34:05.480]  I was just precursing that.
[01:34:05.480 --> 01:34:16.480]  And the first question I really have, Randy, and I'll get to your new twist on the last one because that's where you come in, which I'm always amused by.
[01:34:16.480 --> 01:34:19.480]  FDCPA violation, the first one.
[01:34:19.480 --> 01:34:29.480]  What we've got is we've got Bank of New York Mellon, an improper assignment, all the good stuff, the six months of assignment and mortgage, wrong.
[01:34:29.480 --> 01:34:35.480]  And the six years to accelerate, wrong.
[01:34:35.480 --> 01:34:38.480]  Every bit of fraudulent.
[01:34:38.480 --> 01:34:39.480]  Bank of New York Mellon.
[01:34:39.480 --> 01:34:53.480]  Now, the twist on this one is even though in my daughter, the state very clearly immersed, which is the America's wholesale lender, which keeps coming in time and again.
[01:34:53.480 --> 01:35:02.480]  The claim states, Bank of New York Mellon and CARE, which I'm sure you understand what that means, specialized loan servicing.
[01:35:02.480 --> 01:35:10.480]  Now, they just sent an answer we filed and they didn't contest it, by the way, because they know now they're going to have egg in their face.
[01:35:10.480 --> 01:35:19.480]  They sent me another verification that specialized loan servicing is in fact a debt collector, which means they're an unsecured debt.
[01:35:19.480 --> 01:35:30.480]  So my question to you is, hey, this is the FDCPA violation, I believe, and was it one to $2,000 per count for that violation?
[01:35:30.480 --> 01:35:34.480]  Because they sent me these statements and writing every single month, Randy.
[01:35:34.480 --> 01:35:50.480]  $1,500 and I'm looking at the case here out of Wisconsin.
[01:35:50.480 --> 01:35:59.480]  And this is the case where the lender called the borrower 500 times over a four year period.
[01:35:59.480 --> 01:36:13.480]  Under FDCPA and the judge granted on 1500 bucks a call, $1,051,000.
[01:36:13.480 --> 01:36:15.480]  And I've heard of a number of them.
[01:36:15.480 --> 01:36:28.480]  And if you're familiar with Jeff Sedgwick, he talks about this and he's saying that the courts are beginning to give us good rulings on FDCPA.
[01:36:28.480 --> 01:36:32.480]  There's a number in these debt collectors.
[01:36:32.480 --> 01:36:41.480]  So we might need to reframe the question again to make sure I have it right.
[01:36:41.480 --> 01:36:46.480]  I was trying to find this spot and trying to listen to you at the same time and I didn't do a good job.
[01:36:46.480 --> 01:36:55.480]  Okay, you have the Bank of New York Mellon is claiming that they're using a servicer.
[01:36:55.480 --> 01:36:57.480]  Is that correct?
[01:36:57.480 --> 01:37:05.480]  Well, in care of means that it's not valid.
[01:37:05.480 --> 01:37:06.480]  Wait a minute.
[01:37:06.480 --> 01:37:16.480]  Oh, so this is a third party backing for the benefit of Bank of New York Mellon.
[01:37:16.480 --> 01:37:26.480]  It's backed up New York Mellon in care of specialized loan servicing to people that send me a notice of the debt that I owe, which is invalid.
[01:37:26.480 --> 01:37:30.480]  Oh, Bank of New York Mellon never had an assignment.
[01:37:30.480 --> 01:37:31.480]  Okay, hold on.
[01:37:31.480 --> 01:37:42.480]  Bank of New York Mellon is a national association and they can do business without having to file in a state and all that stuff, blah, blah, blah.
[01:37:42.480 --> 01:37:58.480]  But in this case, if I'm understanding this right, Bank of New York Mellon is not acting as in the capacity of a bank that is a national association.
[01:37:58.480 --> 01:38:01.480]  They're acting in the capacity of a debt collector.
[01:38:01.480 --> 01:38:04.480]  Did I get that right?
[01:38:04.480 --> 01:38:18.480]  Well, yes, but what I didn't tell you was prior to the original loan of 2007 through the assignment from Bank of New York Mellon, which is 9, 8, and 2011, so you can understand where I'm going with this.
[01:38:18.480 --> 01:38:19.480]  Wait, hold on.
[01:38:19.480 --> 01:38:20.480]  Hold on.
[01:38:20.480 --> 01:38:21.480]  I have a quick question.
[01:38:21.480 --> 01:38:22.480]  You changed the title to that point.
[01:38:22.480 --> 01:38:23.480]  It totally valid.
[01:38:23.480 --> 01:38:24.480]  Wait, hold on a second.
[01:38:24.480 --> 01:38:25.480]  What should I have?
[01:38:25.480 --> 01:38:35.480]  Does Bank of New York Mellon claim to be the holder of the indebtedness?
[01:38:35.480 --> 01:38:41.480]  Well, yes, the claim is filed in the name of them in care of.
[01:38:41.480 --> 01:38:44.480]  That doesn't make sense.
[01:38:44.480 --> 01:38:45.480]  Sorry.
[01:38:45.480 --> 01:38:46.480]  That doesn't make sense.
[01:38:46.480 --> 01:38:56.480]  If Bank of New York Mellon was the holder, they would file in care of themselves.
[01:38:56.480 --> 01:39:02.480]  So they're claiming to be the holder, but they're acting for the benefit of someone else.
[01:39:02.480 --> 01:39:03.480]  Right.
[01:39:03.480 --> 01:39:08.480]  And the only question I have really is the Bank of New York, we're already attacking that matter.
[01:39:08.480 --> 01:39:17.480]  The question I had really simply was the fact that specialized loan submitting is the one that's communicating the debt to me just like the phone calls that you mentioned before.
[01:39:17.480 --> 01:39:26.480]  And all I'm asking you is in care of, meaning that it's invalid anyway, and they've stated in unsecured debt as we already know.
[01:39:26.480 --> 01:39:27.480]  That's already well established.
[01:39:27.480 --> 01:39:30.480]  The only question I had was FDCPA violation.
[01:39:30.480 --> 01:39:34.480]  I could file that on a separate matter for them because of that.
[01:39:34.480 --> 01:39:35.480]  Okay.
[01:39:35.480 --> 01:39:36.480]  Correct?
[01:39:36.480 --> 01:39:42.480]  Okay, before I can answer, there's a definition I need.
[01:39:42.480 --> 01:39:49.480]  What does in care of mean in law?
[01:39:49.480 --> 01:39:50.480]  I didn't hear you, Randy.
[01:39:50.480 --> 01:39:51.480]  What does it mean?
[01:39:51.480 --> 01:39:54.480]  What does it mean?
[01:39:54.480 --> 01:40:05.480]  Well, my understanding is that in care of means that if I took out a loan with John and we turn out to John's doing business in care of Mary.
[01:40:05.480 --> 01:40:09.480]  I don't owe the debt to Mary.
[01:40:09.480 --> 01:40:19.480]  Well, generally in care of, okay, when I send, if I send something, I'll send it to one person in care of another.
[01:40:19.480 --> 01:40:22.480]  Okay, I'm looking up a definition here.
[01:40:22.480 --> 01:40:23.480]  What is it?
[01:40:23.480 --> 01:40:37.480]  I don't know what it means to be in care of someone through someone by way of someone as in I sent the gift in care of your parents.
[01:40:37.480 --> 01:40:50.480]  So what New York Mellon Bank is saying, we did this for specialized lending, specialized whatever.
[01:40:50.480 --> 01:40:58.480]  Which means that specialized loan is not a valid debt as well as neither is Bank of New York Mellon anyway.
[01:40:58.480 --> 01:41:05.480]  So the only question I have is, Bank of New York Mellon is not sending paperwork in my name that I owe a debt.
[01:41:05.480 --> 01:41:07.480]  It's specialized loan servicing.
[01:41:07.480 --> 01:41:16.480]  And all I'm saying is, I believe that that specific FPCA violation depends on the fees.
[01:41:16.480 --> 01:41:24.480]  Okay, to say that, just trying to figure out how it is.
[01:41:24.480 --> 01:41:42.480]  So, are you saying that specialized lending services has no standing to make the claim and that since New York Bank, New York Mellon,
[01:41:42.480 --> 01:41:48.480]  acted in care of specialized, they don't have a claim either?
[01:41:48.480 --> 01:41:52.480]  Yes, I definitely agree that neither one of them have a claim.
[01:41:52.480 --> 01:42:02.480]  But the only question I really have for you, Andy, is that because specialized loan servicing is the one submitting the documentation that I owe them money.
[01:42:02.480 --> 01:42:03.480]  It's in their name.
[01:42:03.480 --> 01:42:05.480]  It's not a Bank of New York Mellon.
[01:42:05.480 --> 01:42:10.480]  So I believe that FTCP violation would be against them, right?
[01:42:10.480 --> 01:42:13.480]  It would be against both of them.
[01:42:13.480 --> 01:42:18.480]  New York Bank Mellon is acting in concert collusion.
[01:42:18.480 --> 01:42:20.480]  Okay.
[01:42:20.480 --> 01:42:22.480]  And by the way, my second question goes right to them.
[01:42:22.480 --> 01:42:25.480]  So awesome.
[01:42:25.480 --> 01:42:26.480]  Okay.
[01:42:26.480 --> 01:42:31.480]  Now, this is the one that you will appreciate.
[01:42:31.480 --> 01:42:34.480]  Now we're back to Bank of New York Mellon.
[01:42:34.480 --> 01:42:41.480]  Okay, these guys with this fraud on action, they're coming forth with, right?
[01:42:41.480 --> 01:42:51.480]  I found out yesterday that they have filed a lien, Bank of New York Mellon, has filed a lien against another property of mine.
[01:42:51.480 --> 01:42:56.480]  There was no hearing of any kind, no judgment at any rate.
[01:42:56.480 --> 01:42:59.480]  Oh, hold on, hold on.
[01:42:59.480 --> 01:43:04.480]  Are you sure that Bank of New York Mellon filed this?
[01:43:04.480 --> 01:43:05.480]  Oh, yeah.
[01:43:05.480 --> 01:43:07.480]  Hold on, hold on.
[01:43:07.480 --> 01:43:27.480]  Or did some lawyer or some person file this and sign this document and claim that it was filed for the benefit of New York Mellon?
[01:43:27.480 --> 01:43:29.480]  Didn't you mention that?
[01:43:29.480 --> 01:43:34.480]  I remember looking at the document, looking for it right now, Randy, but I remember I got this information.
[01:43:34.480 --> 01:43:35.480]  They're right.
[01:43:35.480 --> 01:43:38.480]  There was a city solicitor on it.
[01:43:38.480 --> 01:43:39.480]  Okay.
[01:43:39.480 --> 01:43:40.480]  Hang on.
[01:43:40.480 --> 01:43:41.480]  We're about to go to break again.
[01:43:41.480 --> 01:43:45.480]  This is Randy Kelton and Deborah Stevens and Steve Skidmore.
[01:43:45.480 --> 01:44:00.480]  On radio, I call it number 5126461984. We'll be right back.
[01:44:00.480 --> 01:44:04.480]  You feel tired when talking about important topics like money and politics?
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[01:46:23.480 --> 01:46:28.480]  Okay, we are back.
[01:46:28.480 --> 01:46:37.480]  There was a point I was going to hear, and it's a difficult point.
[01:46:37.480 --> 01:46:49.480]  Never stipulate to anything, and not stipulating to something can sometimes be really subtle.
[01:46:49.480 --> 01:46:55.480]  And the way I try not to stipulate to anything is I ask myself,
[01:46:55.480 --> 01:47:04.480]  what do I really know as opposed to what I presume?
[01:47:04.480 --> 01:47:11.480]  You're presuming that Bank of New York Mellon had something to do with filing this document,
[01:47:11.480 --> 01:47:15.480]  because it had Bank of New York Mellon's name on it.
[01:47:15.480 --> 01:47:24.480]  But all you really know is that some human being signed this document before a notary
[01:47:24.480 --> 01:47:28.480]  and filed it with the county recorder.
[01:47:28.480 --> 01:47:32.480]  That's the one you sue.
[01:47:32.480 --> 01:47:39.480]  And if that person actually had standing to act in the benefit of New York Mellon,
[01:47:39.480 --> 01:47:46.480]  let's you come to the court and prove it up.
[01:47:46.480 --> 01:47:49.480]  Does that make sense?
[01:47:49.480 --> 01:47:54.480]  Yes, but so when you said the proper party to sue, that's what I wanted to ask you.
[01:47:54.480 --> 01:47:55.480]  You need to take with us.
[01:47:55.480 --> 01:48:02.480]  I'm looking right here during commercial, and right here it says Bank of New York Mellon,
[01:48:02.480 --> 01:48:07.480]  but as you said, asset backed securities, same series, the ones that you and Leslie Olem talked about,
[01:48:07.480 --> 01:48:13.480]  specialized loan servicing, and there's a docket number here, and I would imagine with this...
[01:48:13.480 --> 01:48:15.480]  Hold on, hold on.
[01:48:15.480 --> 01:48:20.480]  What I'm saying is, what's in the document?
[01:48:20.480 --> 01:48:22.480]  Don't really mean anything.
[01:48:22.480 --> 01:48:28.480]  What matters is who signed that document.
[01:48:28.480 --> 01:48:29.480]  Okay.
[01:48:29.480 --> 01:48:34.480]  Who is that, and who do they claim to be?
[01:48:34.480 --> 01:48:41.480]  If you take an action, the first action to take is not one against New York Bank and New York Mellon.
[01:48:41.480 --> 01:48:43.480]  They may not know anything about this.
[01:48:43.480 --> 01:48:46.480]  This might be some scammer.
[01:48:46.480 --> 01:48:48.480]  You don't know who this guy is.
[01:48:48.480 --> 01:48:52.480]  Somebody just come dump some junk in the record.
[01:48:52.480 --> 01:48:55.480]  You sue the person who actually put it there.
[01:48:55.480 --> 01:49:03.480]  If you can't find the person who actually put it there, that's good grounds for quiet title.
[01:49:03.480 --> 01:49:09.480]  Okay.
[01:49:09.480 --> 01:49:11.480]  Okay, that makes sense.
[01:49:11.480 --> 01:49:15.480]  This document that I'm looking at has city solicitor written all over it.
[01:49:15.480 --> 01:49:19.480]  I'm pretty sure that's what I'll find, but thank you for saying what you just said.
[01:49:19.480 --> 01:49:21.480]  That's very important.
[01:49:21.480 --> 01:49:31.480]  We have found, you know, what I have people do if they have a foreclosure issue is look at every document that's in the record
[01:49:31.480 --> 01:49:37.480]  and pull the name of whoever signed that document, affirmed it.
[01:49:37.480 --> 01:49:38.480]  That's in law.
[01:49:38.480 --> 01:49:41.480]  That's the affirmation means to sign.
[01:49:41.480 --> 01:49:42.480]  Okay.
[01:49:42.480 --> 01:49:52.480]  Send a letter to that, to the name on the entity that the document was filed for,
[01:49:52.480 --> 01:49:57.480]  telling them that you have a document with this person's signature on it,
[01:49:57.480 --> 01:50:04.480]  affirming this document under power of attorney for your company.
[01:50:04.480 --> 01:50:09.480]  But I find no evidence of power of attorney in the public record.
[01:50:09.480 --> 01:50:16.480]  Will you provide me with power of evidence of power of attorney for this individual?
[01:50:16.480 --> 01:50:21.480]  If he's a robo signer, they got a problem.
[01:50:21.480 --> 01:50:28.480]  And I don't know that we have ever got an answer to any one of them.
[01:50:28.480 --> 01:50:35.480]  So you can go to the court and say, your honor, this document was filed by a robo signer.
[01:50:35.480 --> 01:50:38.480]  And the judge is going to say, okay, so why?
[01:50:38.480 --> 01:50:46.480]  That doesn't necessarily mean that the person didn't have authority to sign in this particular case.
[01:50:46.480 --> 01:50:52.480]  But if you go to the court and say, your honor, this guy's a robo signer, his name is flattered all over the internet.
[01:50:52.480 --> 01:51:00.480]  So we sent a letter to the company asking for evidence of power of attorney,
[01:51:00.480 --> 01:51:02.480]  and we didn't get that evidence.
[01:51:02.480 --> 01:51:05.480]  We got no response.
[01:51:05.480 --> 01:51:12.480]  Therefore, we have reason to believe and do believe that he's a robo signer.
[01:51:12.480 --> 01:51:19.480]  Now the judge has prima facie evidence that he's not a robo signer.
[01:51:19.480 --> 01:51:22.480]  I'm sorry, that he's not authorized that he is a robo signer.
[01:51:22.480 --> 01:51:25.480]  Does that make sense?
[01:51:25.480 --> 01:51:30.480]  Well, yeah, because we touched upon this in a couple different ways before, yes.
[01:51:30.480 --> 01:51:40.480]  So now you've got a good claim that a judge in a quiet title issue can wrap his head around.
[01:51:40.480 --> 01:51:44.480]  He must determine the facts in accordance with the rules of evidence.
[01:51:44.480 --> 01:51:47.480]  Probably the law comes as it comes to him to the facts in the case.
[01:51:47.480 --> 01:51:51.480]  Now you can give him some facts and some very specific facts,
[01:51:51.480 --> 01:51:58.480]  some very specific law that goes to a very specific, finely tuned issue
[01:51:58.480 --> 01:52:02.480]  that's limited to the document that you're talking about,
[01:52:02.480 --> 01:52:07.480]  and not some general issue that will change the world as you know it.
[01:52:07.480 --> 01:52:12.480]  The clerk in Pennsylvania got the world changed in Pennsylvania,
[01:52:12.480 --> 01:52:15.480]  but that's because she was the clerk in court.
[01:52:15.480 --> 01:52:19.480]  She was the elected clerk.
[01:52:19.480 --> 01:52:23.480]  You try to get that ruling and they would throw you out of court every time
[01:52:23.480 --> 01:52:27.480]  because it's too big a ruling to have.
[01:52:27.480 --> 01:52:29.480]  Judges don't like those big rulers,
[01:52:29.480 --> 01:52:33.480]  but you give him something really, really finite that he can wrap his head around.
[01:52:33.480 --> 01:52:39.480]  It's a lot more likely to give you the rule if you want.
[01:52:39.480 --> 01:52:41.480]  What recourse, Randy?
[01:52:41.480 --> 01:52:47.480]  I'm looking at this and I'm thinking it's pretty likely that the city solicitor filed this document.
[01:52:47.480 --> 01:52:51.480]  So what recourse do I have against him?
[01:52:51.480 --> 01:52:55.480]  Filing a fraudulent document, tampering with the government documents.
[01:52:55.480 --> 01:53:02.480]  And there's no reason for asking this question, Randy, because I said it's fraud.
[01:53:02.480 --> 01:53:04.480]  What do I do about it?
[01:53:04.480 --> 01:53:09.480]  Okay, in Texas we have a special statute for that purpose.
[01:53:09.480 --> 01:53:15.480]  And it is absolutely totally unconstitutional.
[01:53:15.480 --> 01:53:25.480]  The legislature put this statute in to stop the Republic of Texas from filing liens against public officials.
[01:53:25.480 --> 01:53:35.480]  It is under the Texas government code, it is the last statute in the Texas government code.
[01:53:35.480 --> 01:53:41.480]  And they stuck it in for that just to stop the Republic of Texas, but now we get to use it.
[01:53:41.480 --> 01:53:50.480]  So we have a special one, but in every state you can claim petition for quiet title
[01:53:50.480 --> 01:53:56.480]  because the documents in there affect your title.
[01:53:56.480 --> 01:54:04.480]  And so you just go in with quiet title and say this document is, we have reason to believe this document is fraudulent
[01:54:04.480 --> 01:54:15.480]  because this signatory has no evidence in the record that he has power of attorney for Bank of New York Mellon.
[01:54:15.480 --> 01:54:20.480]  We subsequently requested power of attorney from Bank of New York Mellon.
[01:54:20.480 --> 01:54:31.480]  We got no answer and under 12 U.S., a failure to respond when there's a duty to respond is equated as fraud.
[01:54:31.480 --> 01:54:41.480]  And we maintain that Bank of New York Mellon had a duty to establish that this signatory was valid and they didn't.
[01:54:41.480 --> 01:54:47.480]  So now we have reason to believe it's not valid. That should be a pretty easy thing to do.
[01:54:47.480 --> 01:54:51.480]  Well, I like how you said that because it doesn't matter what he did then.
[01:54:51.480 --> 01:54:57.480]  What matters is now you do this, you take this action, he had a duty to respond, he did not do so.
[01:54:57.480 --> 01:55:00.480]  So that makes sense.
[01:55:00.480 --> 01:55:11.480]  I'm a fascia. When he filed the document, the document is presumed to be valid on its face.
[01:55:11.480 --> 01:55:23.480]  Until such time as someone raises an issue about it, I was in court, a Washington Mutual Loan chase foreclosed.
[01:55:23.480 --> 01:55:30.480]  And I said, Your Honor, I don't know who Chase is, I don't know what they have to do with the property. I have a warranty deed in the record.
[01:55:30.480 --> 01:55:37.480]  And this was August. And the judge said, You do it? Yes, I do. Well, how long has it been in there? Well, since March.
[01:55:37.480 --> 01:55:42.480]  And the lawyer said, Well, Your Honor, that warranty deed is fraudulent.
[01:55:42.480 --> 01:55:46.480]  And I said to the court, Well, maybe it is.
[01:55:46.480 --> 01:55:55.480]  But it is in the record. It is facially valid. And it has never been challenged.
[01:55:55.480 --> 01:56:00.480]  Therefore, you must presume that it is valid.
[01:56:00.480 --> 01:56:09.480]  So when they filed that document, the courts will presume that it's valid until it's challenged.
[01:56:09.480 --> 01:56:20.480]  And the way this goes to prima facia on the face of it, it's valid. So you come back with this unanswered letter.
[01:56:20.480 --> 01:56:27.480]  Now you can show that on the face of this evidence, it's not valid.
[01:56:27.480 --> 01:56:37.480]  That's enough. Now he's got a guy's got to come into court and prove up complete chain of title. Good luck on that.
[01:56:37.480 --> 01:56:41.480]  We're back to approving it up. Yes, I got you.
[01:56:41.480 --> 01:56:47.480]  Okay. Does that answer your questions? Absolutely, Randy.
[01:56:47.480 --> 01:56:51.480]  Okay. Go get them and have fun.
[01:56:51.480 --> 01:56:55.480]  Thank you, Randy. And again, you guys have a good holiday out there. Okay.
[01:56:55.480 --> 01:57:05.480]  And if you have an opportunity, go by the ceramic house in there in Philadelphia and tell them Randy Kilton said hi.
[01:57:05.480 --> 01:57:09.480]  The ceramic house. Okay. I'll definitely do that, Randy.
[01:57:09.480 --> 01:57:24.480]  Okay. For those of you who don't know, there's a, there was this artist in Philadelphia in one of the row houses who took broken ceramic and completely covered his house with it.
[01:57:24.480 --> 01:57:41.480]  I mean, he completely covered it inside, outside basement and then he bought the bill at the house next door. It did the same thing to it. It's absolutely incredible.
[01:57:41.480 --> 01:57:46.480]  Anyway, okay. Thank you, Tony.
[01:57:46.480 --> 01:57:54.480]  Yeah, I want to go to Walt, Walt in New York. I think I cut Tony off in the mid semis there.
[01:57:54.480 --> 01:57:58.480]  Okay. Hello, Walt. What do you have for us today?
[01:57:58.480 --> 01:58:04.480]  Hi, Randy. I want to ask you a question about this case I had.
[01:58:04.480 --> 01:58:08.480]  I was with the New York State division of human rights against this corporation.
[01:58:08.480 --> 01:58:12.480]  Okay. Hold on. You just ran out of time.
[01:58:12.480 --> 01:58:18.480]  We're about to go to the top of our break. Hang on. We will pick this back up on the other side.
[01:58:18.480 --> 01:58:21.480]  This is Randy Kilton's kids. Give more room on radio.
[01:58:21.480 --> 01:58:30.480]  I call in number 512-646-1984. We're halfway through and the calls generally build up in the second half.
[01:58:30.480 --> 01:58:35.480]  So if you have a question or comment, give us a call.
[01:58:35.480 --> 01:58:42.480]  The earlier you call, the better. We've got an empty slot on the call board right now. Try to call in and it can't get in.
[01:58:42.480 --> 01:58:50.480]  Wait till we finish with the caller and you'll open up a slot. We'll be right back.
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