[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 --> 00:12.800]  I'm Brian Hagan with your Liberty Beat for Friday, January 2, 2015.
[00:12.800 --> 00:20.960]  Gold is trading at $1,184, silver at $16.02, and bitcoin is trading around $315.93.
[00:20.960 --> 00:27.760]  Today's bitcoin price brought to you by ExpressCoin, the fastest, most reliable way to buy bitcoin.
[00:27.760 --> 00:30.400]  Buy bitcoin today at ExpressCoin.com.
[00:30.400 --> 00:35.280]  Your job, your home, your car, your money, all of these provide you with a sense of security.
[00:35.280 --> 00:37.680]  But what about your family security?
[00:37.680 --> 00:40.920]  What have you done to prepare if all of these things were gone?
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[00:59.080 --> 01:04.360]  In the news, on Monday, the ACLU and Human Rights Watch demanded that the U.S. Department
[01:04.360 --> 01:09.640]  of Justice appoint a special prosecutor to investigate the CIA's use of torture methods.
[01:09.640 --> 01:13.960]  In a letter to Attorney General Eric Holder, the civil rights groups said the recent Senate
[01:13.960 --> 01:19.760]  Intelligence Committee report on the CIA includes new information that should be properly investigated.
[01:19.760 --> 01:23.400]  The group stated that failure to conduct a comprehensive criminal investigation would
[01:23.400 --> 01:30.280]  contribute to the notion that torture is acceptable.
[01:30.280 --> 01:34.040]  On Wednesday, leaders of the Senate Judiciary Committee announced that they were seeking
[01:34.040 --> 01:38.460]  details from the Obama administration regarding federal law enforcement's use of cell phone
[01:38.460 --> 01:39.840]  surveillance technology.
[01:39.840 --> 01:44.000]  In a bipartisan letter to the Departments of Justice and Homeland Security, Senators
[01:44.000 --> 01:48.840]  Patrick Leahy and Chuck Grassley requested more information about a recent policy change
[01:48.840 --> 01:55.640]  by the FBI regarding how surveillance equipment is used.
[01:55.640 --> 02:00.780]  Sixteen Iowa farmers and companies have filed suit against Syngenta Ag for losses incurred
[02:00.780 --> 02:06.560]  after China rejected corn shipments containing a genetically modified seed made by the corporation.
[02:06.560 --> 02:10.920]  The lawsuits state that Syngenta has caused damage to U.S. farmers, grain handlers and
[02:10.920 --> 02:12.120]  exporters.
[02:12.120 --> 02:16.760]  The farmers also call Syngenta negligent for prematurely selling the seed before it was
[02:16.760 --> 02:20.720]  approved by countries that are major markets for U.S. corn exports.
[02:20.720 --> 02:25.440]  This broadcast of the Liberty Beat is made possible by Central Texas Gunworks, your online
[02:25.440 --> 02:29.280]  source for firearms, firearm accessories and ammunition.
[02:29.280 --> 02:32.240]  They take major credit cards and now accept bitcoin.
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[02:53.000 --> 02:56.760]  This is the Liberty Beat for Friday, January 2, 2015.
[02:56.760 --> 03:14.960]  Check out the website at thelibertybeat.com.
[03:14.960 --> 03:41.520]  We are originators and the pathway seems to get straighter every day and I can take anything
[03:41.520 --> 04:01.480]  that belongs to me and put it to good use, whatever's good for the gander, it's going
[04:01.480 --> 04:06.480]  to work for the good.
[04:06.480 --> 04:18.280]  We are back, Randy Kelton, Steve Skidmore, Rule of Law Radio and Dusty, I'm sorry I didn't
[04:18.280 --> 04:23.280]  mean to cut you off that short, I kind of, I'm trying to multitask and I got too close
[04:23.280 --> 04:30.400]  to the break there, so I just, I didn't mean to be abrupt.
[04:30.400 --> 04:39.040]  Anyway, now we need to go, okay, I've spent a lot of time on that, but that is really
[04:39.040 --> 04:45.880]  what we're looking at doing here in this new year, I think we have a great opportunity.
[04:45.880 --> 04:51.040]  If we can get a lot of people to do exactly what we, what I asked Dusty to do, we can
[04:51.040 --> 04:54.000]  begin to make some really positive change.
[04:54.000 --> 04:56.280]  Now I'm going to go to Johnny in Michigan.
[04:56.280 --> 04:57.280]  Hello Johnny.
[04:57.280 --> 05:01.760]  Oh hi, Mr. Kelton, can you hear me?
[05:01.760 --> 05:02.760]  Yes I can.
[05:02.760 --> 05:08.360]  All righty then, I'm a first time caller and I've been listening for a while, about a year
[05:08.360 --> 05:15.160]  and a half now, I'm only able to listen on recorded streams because I don't have internet
[05:15.160 --> 05:23.120]  access where I live, I go to a library for that, but is Mr. Skidmore with us yet or no?
[05:23.120 --> 05:27.560]  We've been trying to get him up, he's here, we're having some technical difficulties bringing
[05:27.560 --> 05:28.560]  him on.
[05:28.560 --> 05:32.960]  All righty then, well before I get into anything, if he's listening, Steve, just call in on
[05:32.960 --> 05:37.680]  the guest bridge and we'll work out the Skype later.
[05:37.680 --> 05:43.440]  Okay, we'll try to get him up here in a second or two.
[05:43.440 --> 05:49.120]  Okay, well if he's listening, I want to apologize for calling his number while he was on the
[05:49.120 --> 05:55.440]  show, I saved it in here right in the same area of my phone as the number to call in,
[05:55.440 --> 06:03.600]  so I'm not calling in trying to get in, but all righty then, I'm calling in about a mortgage
[06:03.600 --> 06:08.520]  issue dealing with an alleged mortgage that my mother entered into and I was too young
[06:08.520 --> 06:18.200]  at the time, I'm now 25, and she apparently executed this in 2004.
[06:18.200 --> 06:25.440]  Back in 2012, for expedient's sake, they closed down a payment center, so she had to either
[06:25.440 --> 06:30.840]  travel far distances, because we live out in the middle of nowhere of course, and to
[06:30.840 --> 06:37.000]  go ahead and pay and they tried to foreclose on her and last minute she paid everything
[06:37.000 --> 06:40.720]  up just to not deal with any half all the attorney fees and everything like that.
[06:40.720 --> 06:48.520]  So now comes this year, we had a problem, assurance claim, we have a large deck porch
[06:48.520 --> 06:54.760]  around the front of the house and it collapsed as far as the winter and tornado sort of thing.
[06:54.760 --> 06:59.320]  We had some really bad weather around here in February, and apparently they changed services
[06:59.320 --> 07:05.440]  without notifying her, and I have copies of what's in the record, I've already sent debt
[07:05.440 --> 07:06.960]  validation letters.
[07:06.960 --> 07:12.960]  Now the individuals that are claiming to be servicers, and you might be familiar with
[07:12.960 --> 07:17.720]  them because they have a caliber of home loans incorporated.
[07:17.720 --> 07:26.400]  Now I set certified letters to their offices in Dallas and one in Oklahoma, and they did
[07:26.400 --> 07:28.800]  not respond properly.
[07:28.800 --> 07:30.960]  Now the crux of what I'm calling in about...
[07:30.960 --> 07:37.880]  What was the nature of the letter, was it a qualified written request or a debt validation
[07:37.880 --> 07:38.880]  letter?
[07:38.880 --> 07:44.800]  Yes, but that's kind of irrelevant at the point here.
[07:44.800 --> 07:51.360]  The mortgage agreement, or it's a contract to my knowledge, I mean would you agree?
[07:51.360 --> 07:52.360]  Absolutely.
[07:52.360 --> 08:00.200]  You have, there's two pieces, there's three pieces to that mortgage agreement.
[08:00.200 --> 08:06.640]  There's the note, there's the warranty deed, and there is the mortgage document.
[08:06.640 --> 08:11.400]  The reason why I bring that up is, is something that I had noticed and I had studied this
[08:11.400 --> 08:16.200]  document, I don't know how long before I had missed this, is on the last page there is
[08:16.200 --> 08:21.120]  no other party that signed it from the letter, only my mother and the notary.
[08:21.120 --> 08:27.880]  And it says before all the covenants and agreements, before one it says the borrower and lender
[08:27.880 --> 08:29.200]  covenant and agree as follows.
[08:29.200 --> 08:32.320]  So that's prima facie evidence that it is in fact an agreement and there needs to be
[08:32.320 --> 08:33.320]  another party.
[08:33.320 --> 08:37.360]  Okay, okay, hold on, we've addressed this a number of times.
[08:37.360 --> 08:38.360]  Alright.
[08:38.360 --> 08:48.640]  The mortgage document, the mortgage document contains a set of concessions from the borrower
[08:48.640 --> 08:51.960]  to the lender.
[08:51.960 --> 08:59.320]  In order for a contract to be a contract, there must be something of value, must change
[08:59.320 --> 09:04.240]  hands and something of value did change hands.
[09:04.240 --> 09:12.280]  The lender gave your mother a warranty deed and in return for the warranty deed, they
[09:12.280 --> 09:20.000]  asked for certain concessions and in the mortgage, your mother granted certain concessions.
[09:20.000 --> 09:28.440]  The lender didn't grant anything in the mortgage document, so only your mother had to sign
[09:28.440 --> 09:29.440]  it.
[09:29.440 --> 09:37.000]  Well, a contract was created because based on that document, the note document and the
[09:37.000 --> 09:40.040]  warranty deed, something of value changed hands.
[09:40.040 --> 09:46.200]  Well, not only that sir, they have certain stipulations in these different covenants
[09:46.200 --> 09:50.960]  that they are required to do certain things and they did not agree to that.
[09:50.960 --> 09:51.960]  That's the whole...
[09:51.960 --> 09:55.040]  Okay, okay, that's a different issue.
[09:55.040 --> 10:05.640]  Actually, if they accept once the mortgage document is filed, then if the lender accepts
[10:05.640 --> 10:09.720]  one payment, a contract is created.
[10:09.720 --> 10:14.040]  So they did agree to it by performance.
[10:14.040 --> 10:16.040]  That's what I figured out of the UCC.
[10:16.040 --> 10:22.680]  Now, the recording requirements for state would exempt any federal laws as far as the
[10:22.680 --> 10:24.680]  Register of Deeds Office.
[10:24.680 --> 10:31.320]  Okay, that's kind of a confusing question.
[10:31.320 --> 10:34.480]  Federal law exempt state law.
[10:34.480 --> 10:36.200]  No, no, I'm saying the state...
[10:36.200 --> 10:43.520]  The quick answer is no and state law exempt federal law, quick answer is no.
[10:43.520 --> 10:46.560]  That goes to separation of powers, so clarify.
[10:46.560 --> 10:53.640]  Okay, well, what I was saying within regards to what I'm specifically talking about, Act
[10:53.640 --> 11:00.560]  103 of 1937, which delineates the requirements for recording with the Register of Deeds.
[11:00.560 --> 11:05.840]  In the very beginning of the first two things, it talks about each person and it needs multiple
[11:05.840 --> 11:11.120]  people to create the instrument, the security instrument.
[11:11.120 --> 11:14.840]  I'm not going to go ahead and read all that and take up any time, I know a previous caller
[11:14.840 --> 11:15.840]  had a long time.
[11:15.840 --> 11:19.080]  I've generally had a lot of excess dealing with...
[11:19.080 --> 11:22.240]  Okay, wait, hold on.
[11:22.240 --> 11:28.800]  But I don't know much about this sort of thing and I'm trying to catch up on all...
[11:28.800 --> 11:41.080]  While the statute may state that a document requires these certain things, is there anything
[11:41.080 --> 11:48.840]  in the statute that addresses the absence of any one of these?
[11:48.840 --> 11:49.840]  Any one of what, sir?
[11:49.840 --> 11:50.840]  I'm sorry.
[11:50.840 --> 11:51.840]  I didn't...
[11:51.840 --> 11:52.840]  These require...
[11:52.840 --> 11:58.920]  These things that are... you said the statute says certain things must be in the document.
[11:58.920 --> 12:04.480]  Yeah, each name of person purporting to execute the instrument, they need to sign it, it needs
[12:04.480 --> 12:09.040]  to be printed legibly or typewritten or stamped beneath the original signature or mark of
[12:09.040 --> 12:10.040]  the individuals.
[12:10.040 --> 12:13.880]  Okay, so that's the ones who are required to sign the document?
[12:13.880 --> 12:14.880]  Yeah.
[12:14.880 --> 12:15.880]  Okay.
[12:15.880 --> 12:16.880]  I would...
[12:16.880 --> 12:22.080]  Okay, what is the issue about an unsigned document?
[12:22.080 --> 12:25.120]  Are we still talking about the mortgage agreement?
[12:25.120 --> 12:31.160]  Yes, as far as it not meeting the statutory requirements to even be...
[12:31.160 --> 12:32.880]  That's what I'm saying.
[12:32.880 --> 12:39.840]  The lender, the borrower would have to sign that document because the borrower is granting
[12:39.840 --> 12:44.200]  something in the document.
[12:44.200 --> 12:48.920]  The lender is not granting anything, so they don't have to affirm anything, so they wouldn't
[12:48.920 --> 12:51.040]  have to sign the document.
[12:51.040 --> 12:52.640]  Not even if MERS is involved.
[12:52.640 --> 12:54.520]  I recall hearing you...
[12:54.520 --> 12:55.520]  There we go.
[12:55.520 --> 12:56.520]  Okay.
[12:56.520 --> 13:03.960]  Now, that changes things, but that has been an argument that we haven't gotten much traction
[13:03.960 --> 13:04.960]  on.
[13:04.960 --> 13:05.960]  Right.
[13:05.960 --> 13:10.680]  I was hoping to address this because we're pre-foreclosure right now.
[13:10.680 --> 13:16.520]  They have a tentative scheduled date of the 7th of January, which is already the 2nd,
[13:16.520 --> 13:18.520]  I believe, first.
[13:18.520 --> 13:22.960]  Okay, let me back up and ask some questions.
[13:22.960 --> 13:26.040]  Who was the original lender?
[13:26.040 --> 13:28.320]  Flagstar Bank, FSP.
[13:28.320 --> 13:29.320]  Five Star.
[13:29.320 --> 13:30.760]  Is Five Star still in business?
[13:30.760 --> 13:31.760]  No, Flagstar.
[13:31.760 --> 13:32.760]  Oh, Flagstar.
[13:32.760 --> 13:33.760]  Okay.
[13:33.760 --> 13:34.760]  I'm familiar with Flagstar.
[13:34.760 --> 13:35.760]  Yeah.
[13:35.760 --> 13:36.760]  Troy, Michigan.
[13:36.760 --> 13:37.760]  That's their corporate address.
[13:37.760 --> 13:39.760]  Are they still in business?
[13:39.760 --> 13:41.760]  Yes, they are.
[13:41.760 --> 13:42.760]  Okay.
[13:42.760 --> 13:47.520]  Now, I have not confirmed that in the Secretary of State's office that they are registered
[13:47.520 --> 13:53.040]  to do business, but I have seen in the county records, there's a whole boatload of things
[13:53.040 --> 13:57.960]  of which they've filed, and they've been filing this stuff for a long, long time.
[13:57.960 --> 14:01.320]  They've been around for a while, but they're not the ones that come in after us.
[14:01.320 --> 14:02.560]  They just stopped.
[14:02.560 --> 14:06.280]  My mom couldn't get calls from them, couldn't get any letters back from them.
[14:06.280 --> 14:08.000]  They just stopped talking to us entirely.
[14:08.000 --> 14:09.320]  We sent them certified letters.
[14:09.320 --> 14:11.640]  They don't respond to anything.
[14:11.640 --> 14:12.640]  Okay.
[14:12.640 --> 14:18.600]  The problem they have with that, if you get the right letter sent... Okay.
[14:18.600 --> 14:20.680]  Let me ask you a few more questions.
[14:20.680 --> 14:26.760]  Is there an assignment of the security instrument filed in the county record?
[14:26.760 --> 14:32.240]  Yes, there is, and the ironic thing about that, it has nothing to do with this Cal for
[14:32.240 --> 14:33.240]  Home Lungs Incorporated.
[14:33.240 --> 14:40.760]  It's the assignment of mortgage was in 2012, shortly after she reinstated right before
[14:40.760 --> 14:45.960]  the foreclosure sale from Mortgage Electronic Registration Systems, Incorporated as nominee
[14:45.960 --> 14:50.760]  for Flagstar Bank, it's successor to the sign, blah, blah, whose address is Appealbox, and
[14:50.760 --> 14:57.200]  then it says to Flagstar Bank FSB whose address is the corporate address that is on the mortgage
[14:57.200 --> 15:00.600]  in and of itself.
[15:00.600 --> 15:07.220]  That would only make sense to me if the original address that they had was the Appealbox address
[15:07.220 --> 15:08.220]  on the mortgage.
[15:08.220 --> 15:20.520]  Okay, wait a minute, they filed an assignment of the mortgage from Merge to Flagstar FSB?
[15:20.520 --> 15:22.280]  Yes.
[15:22.280 --> 15:23.880]  Okay.
[15:23.880 --> 15:30.400]  Was the original lender Flagstar FSB or was it Flagstar something else?
[15:30.400 --> 15:36.200]  Yes, with Merge involved.
[15:36.200 --> 15:38.880]  What was the original lender name?
[15:38.880 --> 15:40.920]  Was it Flagstar FSB?
[15:40.920 --> 15:41.920]  Yes.
[15:41.920 --> 15:46.520]  Okay, so it's the same company.
[15:46.520 --> 15:52.480]  This would seem to give a reasonable person of ordinary prudence calls to believe that
[15:52.480 --> 15:59.040]  the security instrument had been transferred to Merge because the original security instrument
[15:59.040 --> 16:03.480]  was not written to Merge, it was written to Flagstar FSB.
[16:03.480 --> 16:08.640]  On the face of the security instrument, sir, it says that it is to be returned to Flagstar
[16:08.640 --> 16:10.360]  Bank at their corporate address.
[16:10.360 --> 16:11.360]  Okay.
[16:11.360 --> 16:17.920]  Okay, you're talking about, yeah, okay, Flagstar FSB is the original holder of the security
[16:17.920 --> 16:18.920]  instrument?
[16:18.920 --> 16:22.400]  Impresumably, the note.
[16:22.400 --> 16:34.560]  Okay, if Merge transferred the security instrument to Flagstar, how did the security instrument
[16:34.560 --> 16:40.680]  get transferred from Flagstar to someone else so that it needed to be transferred back?
[16:40.680 --> 16:42.680]  Hang on, we're about to go to break.
[16:42.680 --> 16:50.160]  Randy Kelton, Steve Skidmore, we'll go radio, a call-in number, 512-646-1984, we'll be
[16:50.160 --> 17:00.800]  right back.
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[19:12.920 --> 19:42.880]  Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're trying to get
[19:42.880 --> 19:47.120]  Steve up for still having a few minor issues.
[19:47.120 --> 19:52.720]  Right now, we're talking to Johnny in Michigan, and I wasn't trying to be pedantic, John.
[19:52.720 --> 20:00.880]  I'm trying to isolate out all of the pertinent issues here, trying to kind of walk down the
[20:00.880 --> 20:01.880]  list.
[20:01.880 --> 20:05.560]  Well, let me give you some more facts so that we can make this go along a little faster
[20:05.560 --> 20:08.640]  here so I can get some help on this here.
[20:08.640 --> 20:15.160]  First of all, I want to note that the amount on the mortgage is different than what is
[20:15.160 --> 20:19.720]  on the warranty deed, and the warranty deed makes no mention of anything subject to a
[20:19.720 --> 20:23.080]  lien holder, like I've seen on other people's warranty deeds.
[20:23.080 --> 20:30.760]  It is strictly from the sellers in consideration for a certain amount of money, like a bill
[20:30.760 --> 20:32.880]  of sale would be.
[20:32.880 --> 20:39.120]  Okay, on mortgage, does it have a footer?
[20:39.120 --> 20:48.720]  Yes, it's FHA Michigan Mortgage 4-96, and it says, 2002 Online Documents Incorporated,
[20:48.720 --> 20:49.720]  page 105.
[20:49.720 --> 20:55.160]  Okay, that's not a Fannie Mae Freddie Mac uniformed instrument.
[20:55.160 --> 20:59.520]  Okay, now I don't know what it says.
[20:59.520 --> 21:06.200]  Have you looked online to see if you can find that particular document in the blank?
[21:06.200 --> 21:07.400]  No, I haven't been able to find it.
[21:07.400 --> 21:11.480]  I've been looking everywhere, and there is no section in here, like you've talked about
[21:11.480 --> 21:15.400]  beforehand, and I've seen in other people's documents where they define terms.
[21:15.400 --> 21:18.040]  There's all kinds of terms in here that are not defined.
[21:18.040 --> 21:20.600]  There are certain covenants in here that conflict with certain things.
[21:20.600 --> 21:26.440]  I mean, I'd have to send you the documents and whatnot.
[21:26.440 --> 21:32.200]  Those are excellent issues to bring since this is not a Fannie Mae Freddie Mac uniformed
[21:32.200 --> 21:33.200]  instrument.
[21:33.200 --> 21:35.960]  That it's an instrument someone made up.
[21:35.960 --> 21:47.680]  Now it's reasonable to challenge the document because the document was prepared by the lender.
[21:47.680 --> 21:54.840]  I suspect that the lender didn't come to your mother and say, here's the document I want
[21:54.840 --> 22:01.000]  to produce, do you have any comments, changes, adjustments we'd like to make?
[22:01.000 --> 22:05.920]  What I suspect happened is your mother went and sat down at closing, and they put this
[22:05.920 --> 22:07.600]  document in front of her.
[22:07.600 --> 22:13.520]  In fact, the loan officer is the one who got her an attorney, and the attorney didn't do
[22:13.520 --> 22:17.280]  anything for her other than look at the document and tell her to sign everything.
[22:17.280 --> 22:18.920]  Okay, I remember that.
[22:18.920 --> 22:23.400]  I was quite young, but you know.
[22:23.400 --> 22:25.360]  I mean, it's a big mess.
[22:25.360 --> 22:26.560]  Okay, okay, hold on.
[22:26.560 --> 22:33.240]  Where I was going with that is since your mother had no input in the creation of the
[22:33.240 --> 22:39.520]  document, then any errors or problems with the document are attributed to the creator
[22:39.520 --> 22:45.160]  of the document, and your mother had no input in the creation.
[22:45.160 --> 22:53.520]  So if there are terms that are ambiguous, if a reasonable person of ordinary prudence,
[22:53.520 --> 23:01.320]  I'm sorry, if reasonable people of ordinary prudence could come to different opinions
[23:01.320 --> 23:11.760]  as to the meaning of the terms in the document, then the document is too ambiguous to be enforced.
[23:11.760 --> 23:13.640]  Right.
[23:13.640 --> 23:19.000]  Now one thing I want, now I'm looking at this here that I want to mention, because you know
[23:19.000 --> 23:23.440]  I've reviewed older shows and stuff and learned quite a bit from you dealing with this sort
[23:23.440 --> 23:32.560]  of thing, and Joe Esquivel and Steve Skidmore, but one thing that I noticed here from what
[23:32.560 --> 23:41.280]  you had said about Michigan being a judicial state, it is a mortgage state that you know
[23:41.280 --> 23:46.640]  people have mortgages and not need to trust, but there is provisions for non-judicial powers
[23:46.640 --> 23:51.200]  of sale in this, and they can do it by advertisement.
[23:51.200 --> 23:56.360]  Now I've gotten a lot of stuff, you know digital copies of laws and whatnot that I have not
[23:56.360 --> 24:03.960]  had all the time to set out and go through, you know.
[24:03.960 --> 24:09.080]  What I would suggest is go through the property code quickly.
[24:09.080 --> 24:12.960]  Just read through it, don't try to understand all of it, don't try to figure out how it
[24:12.960 --> 24:18.320]  all fits together, just read through it, and you'll be surprised how quickly you can go
[24:18.320 --> 24:19.320]  through it.
[24:19.320 --> 24:23.720]  You know, and I don't want to sound, if there is something like that, I've looked for that
[24:23.720 --> 24:28.960]  specifically, the property code and other things here, and online, and I've not been
[24:28.960 --> 24:32.360]  able to find it, and my local congressman is not-
[24:32.360 --> 24:39.840]  Okay, hold on, hold on, and use the term that, I really hate pronouns.
[24:39.840 --> 24:43.000]  That in which you were just speaking of.
[24:43.000 --> 24:46.000]  The code.
[24:46.000 --> 24:47.000]  Property code.
[24:47.000 --> 24:50.200]  I've not seen a government code or a property code here.
[24:50.200 --> 24:52.200]  A lot of this has been repeated.
[24:52.200 --> 24:53.200]  Definitely have one.
[24:53.200 --> 25:01.760]  It's probably, most states have everything in the general statutes, and there will be
[25:01.760 --> 25:07.240]  a section in the general statutes that goes to property codes.
[25:07.240 --> 25:15.560]  In Texas, we have them defined out in different separate codes, but most states don't do that.
[25:15.560 --> 25:20.520]  But really, there's several issues that I want to be able to get, if anybody out there
[25:20.520 --> 25:22.800]  can help me with, or you guys can.
[25:22.800 --> 25:29.160]  As case law, defining mortgage, you know, mortgage as a contract, or some sort of agreement
[25:29.160 --> 25:36.000]  defined in case law, preferably something I can use here, as a judicial notice, of course,
[25:36.000 --> 25:37.000]  in Michigan.
[25:37.000 --> 25:38.000]  Okay.
[25:38.000 --> 25:45.400]  Understand that the uniform commercial code, as adopted by every state, is contract law.
[25:45.400 --> 25:47.360]  That's where you'll find it.
[25:47.360 --> 25:48.360]  Okay.
[25:48.360 --> 25:51.720]  Specifically, defining what a contract is.
[25:51.720 --> 25:58.400]  You're not likely to find something that says, a mortgage is a contract.
[25:58.400 --> 26:03.680]  What you're going to find is a description of what a contract is, and the mortgage will
[26:03.680 --> 26:05.800]  fit that description.
[26:05.800 --> 26:11.800]  Now another thing that I would like, also dealing with case law, and Eddie would probably
[26:11.800 --> 26:15.440]  be more suited for this than I meant to call into his show a million times, but I've been
[26:15.440 --> 26:17.440]  a lot busy with a lot of things.
[26:17.440 --> 26:18.440]  Eddie who?
[26:18.440 --> 26:19.440]  Eddie Craig?
[26:19.440 --> 26:28.360]  Actually, he's a gentleman I first heard on Infowars a great deal of time ago, and
[26:28.360 --> 26:36.600]  I didn't know who he was, and I stumbled across his, oh, what the government doesn't want
[26:36.600 --> 26:41.120]  you to know about driver's license, they named it all different things, but you know,
[26:41.120 --> 26:42.120]  I found that very enlightening.
[26:42.120 --> 26:46.040]  I've always been on that sort of road, and I've had a lot of success up here.
[26:46.040 --> 26:50.560]  I know criminal records, anything like that, but this points to here in Michigan, which
[26:50.560 --> 26:56.400]  is different from Texas, I'm looking for case law that defines and says that a civil
[26:56.400 --> 27:04.240]  infraction is an arrestable offense, or that it is not, that would be very helpful.
[27:04.240 --> 27:10.280]  Criminal infraction, you're going to find that in the Code of Criminal Procedure.
[27:10.280 --> 27:13.120]  No, no, no, a civil infraction.
[27:13.120 --> 27:20.920]  Oh, okay, hold on, hold on, a civil infraction sounds like a contradiction of terms, are
[27:20.920 --> 27:26.160]  you addressing, is this how the...
[27:26.160 --> 27:27.160]  The motor vehicle code.
[27:27.160 --> 27:31.720]  The motor vehicle code, the traffic code, it's called a civil infraction.
[27:31.720 --> 27:36.520]  Yeah, and I think it's done that way in California, too.
[27:36.520 --> 27:40.840]  Yes, it is, and it would be an arrestable offense, and the last time I got stopped,
[27:40.840 --> 27:45.840]  I brought that up to the officer, and he walked away, and he said he'd be right back, and
[27:45.840 --> 27:51.080]  he pulled off and turned out his lights, and you know, and everything, and he just sped
[27:51.080 --> 27:54.080]  off, and I didn't hear nothing about it.
[27:54.080 --> 27:59.960]  I got a nice recording of that I want to give to Eddie.
[27:59.960 --> 28:06.400]  I did not expect that, I've been stopped several times, I've never went to jail, but you know,
[28:06.400 --> 28:10.840]  I've also never, you know, entered into, you know, I've never, you know, gotten a license
[28:10.840 --> 28:13.840]  or any of that sort of thing.
[28:13.840 --> 28:17.760]  It must also have something to do with the fact that I have formal law enforcement cruisers,
[28:17.760 --> 28:20.880]  and you know, I've outfitted the windows.
[28:20.880 --> 28:28.840]  It may, okay, it may well be, okay, you're saying you don't have the license and you've
[28:28.840 --> 28:31.880]  been stopped and haven't went to jail, did I get that right?
[28:31.880 --> 28:32.880]  That's correct.
[28:32.880 --> 28:33.880]  Okay.
[28:33.880 --> 28:37.760]  I've not had a lot of experience as far as adjudication, because it's never went that
[28:37.760 --> 28:38.760]  far.
[28:38.760 --> 28:44.440]  And it may be that, you know, Eddie's got enough people doing this, and there are other
[28:44.440 --> 28:52.840]  people besides Eddie, addressing these issues, that they may be getting sensitive to it.
[28:52.840 --> 29:03.320]  You know, I was stopped in Austin, and I have a Texas ID, a Texas ID looks exactly like
[29:03.320 --> 29:08.720]  a driver's license, except instead of DL, it has ID on it.
[29:08.720 --> 29:12.960]  Well, here in Michigan, you're not able to have both of them, it's actually a crime,
[29:12.960 --> 29:13.960]  but...
[29:13.960 --> 29:14.960]  Oh, okay.
[29:14.960 --> 29:21.400]  Well, the state issues both of them, so that you can have a form of ID, of official state
[29:21.400 --> 29:23.760]  ID, even if you're not a driver.
[29:23.760 --> 29:24.760]  Right.
[29:24.760 --> 29:26.840]  And that's another thing, I haven't done that either.
[29:26.840 --> 29:27.840]  Okay.
[29:27.840 --> 29:33.920]  Michigan probably has that, like you've got a guy who's quite a collegic.
[29:33.920 --> 29:43.080]  I think I'm about to go to break, hang on, hang on, we've got the public music, we're
[29:43.080 --> 29:44.920]  about to go to break.
[29:44.920 --> 29:48.800]  Hang on for the other side, this is Randy Kelton, Steve's Kidmore, we'll move our radio,
[29:48.800 --> 30:01.640]  and we hope we have Steve up on the other side, we'll be right back, Lee.
[30:01.640 --> 30:06.840]  Remember that a man's name is to him the sweetest and most important sound in the English language.
[30:06.840 --> 30:10.640]  Scientific research proves Dale Carnegie's famous words are true.
[30:10.640 --> 30:14.600]  I'm Dr. Catherine Albrecht, and I'll be back to explain how loving your name affects your
[30:14.600 --> 30:16.760]  life choices.
[30:16.760 --> 30:18.360]  Privacy is under attack.
[30:18.360 --> 30:21.960]  When you give up data about yourself, you'll never get it back again.
[30:21.960 --> 30:26.720]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.720 --> 30:31.840]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.840 --> 30:34.480]  Privacy, it's worth hanging on to.
[30:34.480 --> 30:38.780]  This public service announcement is brought to you by Startpage.com, the private search
[30:38.780 --> 30:42.320]  engine alternative to Google, Yahoo, and Bing.
[30:42.320 --> 30:45.920]  Start over with Startpage.
[30:45.920 --> 30:49.680]  Researchers at the State University of New York say the sound of your name could influence
[30:49.680 --> 30:50.680]  your life decisions.
[30:50.680 --> 30:54.280]  It's a phenomenon they call implicit egotism.
[30:54.280 --> 30:58.520]  People prefer places, things, and professions they associate with themselves.
[30:58.520 --> 31:03.040]  For example, there are disproportionately more people named Cali in California, and
[31:03.040 --> 31:05.600]  there are more Luises in St. Louis.
[31:05.600 --> 31:09.960]  And not just because they're born there and given a related name, people also move there
[31:09.960 --> 31:12.120]  because of the name association preference.
[31:12.120 --> 31:15.240]  You might even choose a career based on your name.
[31:15.240 --> 31:19.520]  Dennis and Denise are overrepresented in the ranks of dentists.
[31:19.520 --> 31:23.800]  And if you're named Laura or Larry, you're statistically much more likely to become a
[31:23.800 --> 31:24.800]  lawyer.
[31:24.800 --> 31:26.280]  I'm Dr. Catherine Albrecht.
[31:26.280 --> 31:31.000]  More news and information at CatherineAlbrecht.com.
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[31:57.720 --> 32:05.240]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:05.240 --> 32:07.760]  In today's America, we live in an us against them society.
[32:07.760 --> 32:10.920]  If we, the people, are ever going to have a free society, then we're going to have to
[32:10.920 --> 32:12.680]  stand and defend our own rights.
[32:12.680 --> 32:16.240]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.240 --> 32:20.280]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.280 --> 32:24.120]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.120 --> 32:25.520]  our rights through due process.
[32:25.520 --> 32:29.520]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[32:29.520 --> 32:33.280]  most comprehensive teaching tool available that will help you understand what due process
[32:33.280 --> 32:35.360]  is and how to hold the courts to the rule of law.
[32:35.360 --> 32:39.680]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:39.680 --> 32:41.000]  ordering your copy today.
[32:41.000 --> 32:44.320]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:44.320 --> 32:48.760]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:48.760 --> 32:51.080]  documents, and other useful resource material.
[32:51.080 --> 32:55.040]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:55.040 --> 33:02.040]  Order your copy today, and together we can have the free society we all want and deserve.
[33:25.040 --> 33:32.040]  I won't let you pull your wool over my eyes I really must refuse your nose or soak my
[33:56.040 --> 34:04.040]  eyes It seems you like this bed But please take some words to the wise
[34:04.040 --> 34:26.040]  I'm trying to pull the wool over my eyes
[34:35.040 --> 34:37.040]  Okay, we are back.
[34:37.040 --> 34:43.040]  Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking to Johnny in Michigan.
[34:43.040 --> 34:45.040]  Okay, Johnny.
[34:45.040 --> 34:47.040]  I already know.
[34:47.040 --> 34:49.040]  Where were we thinking we were at?
[34:49.040 --> 34:55.040]  I believe we were going off on something about traffic or whatnot that I don't think is that
[34:55.040 --> 34:56.040]  relevant right now.
[34:56.040 --> 35:02.040]  I'd like to go back and step back a bit and address CalPERS Home Loans, Incorporated.
[35:02.040 --> 35:06.040]  And the initial debt validation letter because they...
[35:06.040 --> 35:07.040]  Okay, hold on, hold on.
[35:07.040 --> 35:09.040]  Who is this company?
[35:09.040 --> 35:11.040]  Calipers Home Loans.
[35:11.040 --> 35:14.040]  Calipers, K-E-L-P-E-R?
[35:14.040 --> 35:18.040]  C-A-L-I-B-E-R.
[35:18.040 --> 35:19.040]  Oh, Calipers.
[35:19.040 --> 35:20.040]  Okay.
[35:20.040 --> 35:21.040]  Yes.
[35:21.040 --> 35:25.040]  And they have an address in Dallas, Texas, and one in Oklahoma.
[35:25.040 --> 35:27.040]  I've done very little research on them.
[35:27.040 --> 35:32.040]  Okay, the one in Dallas, is it Addison?
[35:32.040 --> 35:34.040]  Addison, Texas?
[35:34.040 --> 35:35.040]  Or does it say Dallas?
[35:35.040 --> 35:36.040]  No, no, no.
[35:36.040 --> 35:44.040]  It's Peel Box 650856, Dallas, Texas, with the area code there.
[35:44.040 --> 35:45.040]  Okay.
[35:45.040 --> 35:54.040]  The reason I ask that is we have a major foreclosure bill here, and we found a number of these
[35:54.040 --> 35:57.040]  mortgage companies with their address.
[35:57.040 --> 35:58.040]  Yeah.
[35:58.040 --> 36:00.040]  It's an odd phenomenon.
[36:00.040 --> 36:01.040]  Okay.
[36:01.040 --> 36:05.040]  Is there an assignment of the security instrument to this entity?
[36:05.040 --> 36:07.040]  The Calipers Home Loans, no.
[36:07.040 --> 36:11.040]  And that's what I wanted to talk about in the initial stuff that they responded unresponsively
[36:11.040 --> 36:16.040]  or incomplete or incorrect to our debt validation letter.
[36:16.040 --> 36:24.040]  First, I would say they do have a loan number here, which is incorrect from the Flagstar
[36:24.040 --> 36:25.040]  Bank loan number.
[36:25.040 --> 36:30.040]  And there's a Gini loan number, which I imagine is Gini Mae, Freddie Mac sort of thing, but
[36:30.040 --> 36:34.040]  they're like some underwriters of proprietary ownership on some guys.
[36:34.040 --> 36:41.040]  Have you initiated any action against anyone in this case?
[36:41.040 --> 36:42.040]  Not yet.
[36:42.040 --> 36:50.040]  We plan on either doing that before this scheduled sale on the 7th in a couple days, or we're
[36:50.040 --> 36:55.040]  going to wait until we're harmed and then file a wrongful foreclosure.
[36:55.040 --> 36:56.040]  Okay.
[36:56.040 --> 37:03.040]  What is the name of the trustee on the notice of intent to foreclose?
[37:03.040 --> 37:09.040]  They said, well, that we notice of intent for acceleration.
[37:09.040 --> 37:10.040]  Yeah.
[37:10.040 --> 37:11.040]  Right.
[37:11.040 --> 37:15.040]  That's the notice of default and notice of acceleration.
[37:15.040 --> 37:17.040]  What's the name on that?
[37:17.040 --> 37:19.040]  Who affirmed it?
[37:19.040 --> 37:21.040]  No one.
[37:21.040 --> 37:24.040]  It's from the attorneys for the servicer.
[37:24.040 --> 37:30.040]  And originally when they first sent us the trot and trot, it's a Farmington Hills, Michigan
[37:30.040 --> 37:33.040]  barred card carrying debt collectors.
[37:33.040 --> 37:35.040]  I'm familiar with those guys.
[37:35.040 --> 37:37.040]  Oh, really?
[37:37.040 --> 37:38.040]  Yeah.
[37:38.040 --> 37:39.040]  Okay.
[37:39.040 --> 37:44.040]  Well, first of all, let's back up here.
[37:44.040 --> 37:46.040]  I want to address some things.
[37:46.040 --> 37:54.040]  Out of the things in the debt validation letter that I had requested, the first thing they
[37:54.040 --> 37:59.040]  didn't actually, the only thing that they actually gave us was her name, their account
[37:59.040 --> 38:01.040]  number for it, and the name of the address.
[38:01.040 --> 38:04.040]  That's all the information they've even given us.
[38:04.040 --> 38:08.040]  They say, please refer to the enclosed assignment of mortgage, which is the copy of what was
[38:08.040 --> 38:10.040]  in the record to Back to Flagstar Bank.
[38:10.040 --> 38:12.040]  It says nothing about Caliper Home Loans.
[38:12.040 --> 38:13.040]  Okay.
[38:13.040 --> 38:20.040]  What I need to go back to is how Caliper got in the mix at all.
[38:20.040 --> 38:25.040]  Oh, if I knew that question, I wouldn't be coming to you and asking you about Caliper
[38:25.040 --> 38:28.040]  Home Loans because I don't have the slightest idea about who they are.
[38:28.040 --> 38:32.040]  I see you guys down there know more about it than...
[38:32.040 --> 38:40.040]  What I would suggest here is you start out with an agency standing in capacity, federal
[38:40.040 --> 38:42.040]  suit against Caliper.
[38:42.040 --> 38:49.040]  Now, an attorney, Peter, he's also licensed to practice law in Texas as well as here in
[38:49.040 --> 38:50.040]  Michigan.
[38:50.040 --> 38:51.040]  I don't know about it.
[38:51.040 --> 38:52.040]  He's from the Austin area.
[38:52.040 --> 38:54.040]  Then sue the attorney personally.
[38:54.040 --> 38:55.040]  No, no, no.
[38:55.040 --> 38:58.040]  I'm saying that's what he suggested, what you were just saying.
[38:58.040 --> 38:59.040]  Oh, okay.
[38:59.040 --> 39:00.040]  If an attorney signed it...
[39:00.040 --> 39:06.040] ...on the grounds that the lender did not sign it, therefore it's an invalid mortgage.
[39:06.040 --> 39:07.040]  So...
[39:07.040 --> 39:08.040]  No, no, no, no, no.
[39:08.040 --> 39:09.040]  Not the mortgage.
[39:09.040 --> 39:11.040]  The mortgage is not invalid because it wasn't signed.
[39:11.040 --> 39:16.040]  I'm talking about the Notice of Intent to Foreclose, the Notice of Acceleration.
[39:16.040 --> 39:17.040]  Yeah.
[39:17.040 --> 39:22.040]  That was not signed or it was not sent to certified mail.
[39:22.040 --> 39:23.040]  Okay.
[39:23.040 --> 39:30.040]  Where it has to be accurate is the document that's filed in the county record.
[39:30.040 --> 39:31.040]  Have you looked at that?
[39:31.040 --> 39:32.040]  Yes.
[39:32.040 --> 39:33.040]  I'm sorry.
[39:33.040 --> 39:34.040]  Certified...
[39:34.040 --> 39:40.040]  I know in Texas these don't have to be filed in the same place because the clerk only has
[39:40.040 --> 39:42.040]  to hold them for 60 days.
[39:42.040 --> 39:43.040]  Yeah.
[39:43.040 --> 39:44.040]  But they still have to be filed with the clerk.
[39:44.040 --> 39:47.040]  Did you get a copy of the one filed with the clerk?
[39:47.040 --> 39:53.040]  There is nothing filed in the record as far as an intent to foreclose or any of that.
[39:53.040 --> 39:59.040]  All that's in there is the mortgage, an affidavit of a fixture, and the warranty deed.
[39:59.040 --> 40:00.040]  Okay.
[40:00.040 --> 40:10.040]  In Michigan, is there a requirement that the Notice of Acceleration be filed with the county
[40:10.040 --> 40:11.040]  clerk?
[40:11.040 --> 40:12.040]  That's what I've been looking for.
[40:12.040 --> 40:16.040]  That's why I was going to ask that if anyone up here, you know, could help do some research,
[40:16.040 --> 40:21.040]  I'd be more than willing and happy to draw out a little bit of cash.
[40:21.040 --> 40:23.040]  Send me an email.
[40:23.040 --> 40:28.040]  I have someone I work with here in Dallas that is from Michigan.
[40:28.040 --> 40:32.040]  Is it okay that I give out my phone number that I called in with?
[40:32.040 --> 40:36.040]  It's a landline number as opposed to an email because I don't have a valid email right now.
[40:36.040 --> 40:37.040]  Yes, it's okay.
[40:37.040 --> 40:44.040]  But if you get a lot of calls, it's up to you.
[40:44.040 --> 40:48.040]  I give out my number all the time and I don't get a lot of BS calls.
[40:48.040 --> 40:51.040]  You know, I'm a patriot that, you know, care about our country.
[40:51.040 --> 40:52.040]  You know what I'm saying?
[40:52.040 --> 40:57.040]  There's too many folks around here that I've met that, you know, I'd have best...
[40:57.040 --> 40:58.040]  Okay.
[40:58.040 --> 40:59.040]  I'm not off the grid.
[40:59.040 --> 41:05.040]  I don't have this illusion that in this day and time you can stay off the grid.
[41:05.040 --> 41:06.040]  Forget about it.
[41:06.040 --> 41:08.040]  They got everything already.
[41:08.040 --> 41:13.040]  If you wanted to address that issue, you needed to do that about 30 years ago.
[41:13.040 --> 41:16.040]  But that ship's already sailed.
[41:16.040 --> 41:17.040]  That's a fight I'm willing to...
[41:17.040 --> 41:21.040]  I've been fighting that fight since I've been about 16.
[41:21.040 --> 41:22.040]  Yeah.
[41:22.040 --> 41:23.040]  I'm on the grid.
[41:23.040 --> 41:25.040]  I'm fully on the grid.
[41:25.040 --> 41:29.040]  I accept the statutes the way they are.
[41:29.040 --> 41:32.040]  I can use them the way they are just fine.
[41:32.040 --> 41:36.040]  And I don't imagine that I can hide.
[41:36.040 --> 41:41.040]  Well, I'm not necessarily trying to hide, but I just don't volunteer information out in the public domain
[41:41.040 --> 41:45.040]  as far as, you know, surveillance operations, that sort of thing.
[41:45.040 --> 41:48.040]  I don't do anything wrong, but, you know, that's not the whole point.
[41:48.040 --> 41:49.040]  It's my right.
[41:49.040 --> 41:53.040]  And I value my intrinsic and fundamental right to privacy and autonomy.
[41:53.040 --> 41:54.040]  Okay.
[41:54.040 --> 41:55.040]  Yeah.
[41:55.040 --> 41:56.040]  I understand that, Barbara.
[41:56.040 --> 41:57.040]  Okay.
[41:57.040 --> 41:58.040]  So if you want to give your number, go ahead.
[41:58.040 --> 41:59.040]  All right.
[41:59.040 --> 42:05.040]  1-989-382-5489.
[42:05.040 --> 42:08.040]  And please don't call after 11 unless it's an emergency.
[42:08.040 --> 42:18.040]  So you're looking for someone in Michigan who has knowledge of Michigan property code?
[42:18.040 --> 42:24.040]  Actually, as a matter of fact, my ex-girlfriend, Deanna, is from Lufkin, Texas.
[42:24.040 --> 42:27.040]  So I was planning on actually moving down there.
[42:27.040 --> 42:35.040]  You know, do you realize that Lufkin is real close to where Jesus was born?
[42:35.040 --> 42:40.040]  I actually was just listening to an archive show where you had made a joke similar to that.
[42:40.040 --> 42:43.040]  But, I mean...
[42:43.040 --> 42:47.040]  Palestine's just down the road from there.
[42:47.040 --> 42:48.040]  Okay.
[42:48.040 --> 42:52.040]  You didn't know Jesus was born in these texts?
[42:52.040 --> 42:53.040]  Yeah, Palestine.
[42:53.040 --> 42:54.040]  I remember you saying that.
[42:54.040 --> 42:55.040]  Okay.
[42:55.040 --> 42:56.040]  Go ahead.
[42:56.040 --> 42:57.040]  I'll cut that out.
[42:57.040 --> 42:59.040]  That's always fun.
[42:59.040 --> 43:02.040]  But, no, I mean, I was actually really hoping that, you know,
[43:02.040 --> 43:05.040]  we could fight this on the grounds that the...
[43:05.040 --> 43:10.040]  I mean, because the only copy that we have of the note or the alleged note,
[43:10.040 --> 43:13.040]  I mean, there's, you know, the signature.
[43:13.040 --> 43:15.040]  There's variations in it.
[43:15.040 --> 43:16.040]  There's a...
[43:16.040 --> 43:23.040]  Like, it looks like it was stamped on with some kind of computer, you know, sign thing, you know?
[43:23.040 --> 43:33.040]  Okay, okay, you need to file a request for access to the original instrument under 3-501 ECC
[43:33.040 --> 43:37.040]  or whatever its incarnation in Michigan is.
[43:37.040 --> 43:39.040]  Right.
[43:39.040 --> 43:40.040]  Okay.
[43:40.040 --> 43:41.040]  Hang on.
[43:41.040 --> 43:43.040]  We're about to go to break.
[43:43.040 --> 43:45.040]  But that's the first thing you need to file.
[43:45.040 --> 43:48.040]  And I'll explain why when we get back on the other side.
[43:48.040 --> 43:51.040]  Graham McAlton, Steve Skidmore, Radio.
[43:51.040 --> 43:55.040]  I call the number 512-646-1984.
[43:55.040 --> 43:57.040]  We'll be right back.
[43:57.040 --> 44:03.040]  Hello.
[44:03.040 --> 44:06.040]  My name is Stuart Smith from naturespureorganics.com,
[44:06.040 --> 44:11.040]  and I would like to invite you to come by our store at 1904 Guadalupe Street, Sweet D.
[44:11.040 --> 44:14.040]  Here in Austin, Texas, I'm Brave New Books and Chase Payne
[44:14.040 --> 44:18.040]  to see all our fantastic health and wellness products with your very own eyes.
[44:18.040 --> 44:22.040]  Have a look at our miracle healing clay that started our adventure in alternative medicine.
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[44:24.040 --> 44:30.040]  including our Australian emu oil, lotion candles, olive oil soaps, and colloidal silver and gold.
[44:30.040 --> 44:37.040]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.040 --> 44:43.040]  That's 512-264-4043, naturespureorganics.com.
[44:43.040 --> 44:47.040]  Don't forget to like us on Facebook for information on events and our products.
[44:47.040 --> 45:01.040]  Naturespureorganics.com.
[45:01.040 --> 45:04.040]  Are you the plaintiff or defendant in a lawsuit?
[45:04.040 --> 45:07.040]  Win your case without an attorney with Juris Dictionary,
[45:07.040 --> 45:14.040]  the affordable, easy to understand, poor CD course that will show you how in 24 hours,
[45:14.040 --> 45:19.040]  step-by-step. If you have a lawyer, know what your lawyer should be doing.
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[45:23.040 --> 45:28.040]  Thousands have won with our step-by-step course, and now you can too.
[45:28.040 --> 45:34.040]  Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.040 --> 45:39.040]  Even if you're not in a lawsuit, you can learn what everyone should understand
[45:39.040 --> 45:43.040]  about the principles and practices that control our American courts.
[45:43.040 --> 45:49.040]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
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[45:52.040 --> 46:02.040]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:02.040 --> 46:25.040]  MUSIC
[46:25.040 --> 46:30.040]  Always I must be careful what I'm wishing for
[46:30.040 --> 46:35.040]  When I'm hungry, I like to know just what I'm fishing for
[46:35.040 --> 46:41.040]  I ain't asking for much, I ain't trying to be no glutton
[46:41.040 --> 46:47.040]  I'm just here making my living, pushing buttons
[46:47.040 --> 46:52.040]  I give my message out to anyone who's shouting distance
[46:52.040 --> 46:58.040]  I'm both for bravery and against slavery, showing resistance
[46:58.040 --> 47:03.040]  First I'm crawling, then I'm walking, then I start strutting
[47:03.040 --> 47:11.040]  I'm just so glad to make my living, pushing buttons
[47:11.040 --> 47:17.040]  Whoa-oh-oh-oh-oh-oh-oh
[47:17.040 --> 47:21.040]  Whoa-oh-oh-oh-oh-oh-oh
[47:21.040 --> 47:26.040]  In such times I play Monopoly, we all wanted to win the game
[47:26.040 --> 47:30.040]  Okay, we are back. Randy Kelton, Steve Skidmore, Rule of Law Radio.
[47:30.040 --> 47:32.040]  We actually got Steve on now.
[47:32.040 --> 47:36.040]  We do. Folks, I'm sorry, I've been having...
[47:36.040 --> 47:42.040]  I updated something on my computer that was, oh, about a month ago, I guess,
[47:42.040 --> 47:49.040]  that was supposed to protect my computer, and I had to wipe it completely clean.
[47:49.040 --> 47:54.040]  So it's, it's, start from scratch.
[47:54.040 --> 47:59.040]  But yeah, this is the first time I've tried to hook up with the, with the bridge,
[47:59.040 --> 48:03.040]  and it just didn't work, so we had to find alternate methods.
[48:03.040 --> 48:06.040]  But I take it I'm coming through?
[48:06.040 --> 48:08.040]  You're coming through very well.
[48:08.040 --> 48:10.040]  Okay, good, good.
[48:10.040 --> 48:14.040]  Okay, when we went out, we were talking about UCC 3-501.
[48:14.040 --> 48:15.040]  What, UCC 3-...
[48:15.040 --> 48:17.040]  Presentment.
[48:17.040 --> 48:19.040]  Yeah, presentment.
[48:19.040 --> 48:28.040]  If a creditor files a presentment, and presentment in Uniform Commercial Code
[48:28.040 --> 48:35.040]  means a demand for payment on a debt, sends a presentment to a debtor,
[48:35.040 --> 48:41.040]  and the debtor demands production of the original security instrument,
[48:41.040 --> 48:49.040]  the creditor must make the instrument available for inspection by the creditor.
[48:49.040 --> 48:54.040]  You don't have to give it to him, but he has to show it to him.
[48:54.040 --> 49:02.040]  And if he gives you a copy, Steve, tell him what happened to our friend Mr. Mackey.
[49:02.040 --> 49:13.040]  Santiago V. Mackey is out of the Fifth Court of Appeals in Dallas,
[49:13.040 --> 49:19.040]  in where Santiago asked to see the original note.
[49:19.040 --> 49:23.040]  Mackey, Wolff, Zients, and Mann, a law firm there in Dallas,
[49:23.040 --> 49:26.040]  said, well, come on down to the office and take a look.
[49:26.040 --> 49:31.040]  So they went on down to the office, and they didn't even present a certified copy.
[49:31.040 --> 49:38.040]  It was just a copy of what could have been a note, maybe.
[49:38.040 --> 49:40.040]  Who knows?
[49:40.040 --> 49:45.040]  That may or may not have had their... Who knows? That's not the point.
[49:45.040 --> 49:48.040]  The point is, they asked to see the original.
[49:48.040 --> 49:52.040]  They were told the original was in possession of Mackey, Wolff.
[49:52.040 --> 49:55.040]  Come on down, take a look. Guess what?
[49:55.040 --> 49:59.040]  No, no original. We got a copy. Here you go. We're going to take your house away.
[49:59.040 --> 50:05.040]  So Santiago amended their petition in the federal court.
[50:05.040 --> 50:12.040]  They added Mackey, Wolff as defendants.
[50:12.040 --> 50:22.040]  Mackey, Wolff then removed that element back to the state court and lost their behinds
[50:22.040 --> 50:26.040]  because the only thing they claimed was attorney immunity.
[50:26.040 --> 50:33.040]  Well, attorney... It was decided in Mackey, Wolff that attorney immunity did not apply
[50:33.040 --> 50:38.040]  because they had broken a law in the process of the... What do they call it?
[50:38.040 --> 50:42.040]  The pursuit of the interests of their client or something like that.
[50:42.040 --> 50:45.040]  So, okay, that was their only affirmative defense.
[50:45.040 --> 50:48.040]  They didn't even plead it out, but they tried to argue it.
[50:48.040 --> 50:56.040]  What they said was that presenting fraudulent documents is not a duty of an attorney.
[50:56.040 --> 51:01.040]  That's right. That goes beyond his duty.
[51:01.040 --> 51:05.040]  You can't... That's a fraudulent presentment.
[51:05.040 --> 51:10.040]  When they say come down and see the original and then they present a copy,
[51:10.040 --> 51:13.040]  that's a fraudulent presentment.
[51:13.040 --> 51:20.040]  And yes, they are liable to the third party, third party being in this case, the Santiago's.
[51:20.040 --> 51:24.040]  Right. Now, I don't mean to interrupt a little bit about this.
[51:24.040 --> 51:30.040]  I know we went over this on... Or you guys went over this on air a bit this month or last month.
[51:30.040 --> 51:34.040]  But I want to mention to Randy, I don't know if you've got it fixed or not,
[51:34.040 --> 51:39.040]  but bargavance.net has been down for, I don't know, two weeks and I have not been able to get to it.
[51:39.040 --> 51:44.040]  I keep getting errors.
[51:44.040 --> 51:46.040]  Randy?
[51:46.040 --> 51:49.040]  Somebody muted me again.
[51:49.040 --> 51:55.040]  I think that producer has an automatic mute switch. Mutes me when I'm not looking.
[51:55.040 --> 52:04.040]  Yeah, it has been down for a while and I just haven't had the time to rework the site and bring it back up.
[52:04.040 --> 52:11.040]  I had it on a site in Reykjavik, Iceland and had a lot of trouble with the server
[52:11.040 --> 52:15.040]  and had to shut the whole thing down and I don't have it fixed yet.
[52:15.040 --> 52:17.040]  I'm glad you reminded me.
[52:17.040 --> 52:25.040]  Will you send me an email in the subject line in all caps for fixed bargavance?
[52:25.040 --> 52:29.040]  It'll remind me to get to that.
[52:29.040 --> 52:33.040]  Right. We don't want to fill up your inbox anymore and it needs to be though.
[52:33.040 --> 52:38.040]  Yeah, but at his age he needs all the help he can get.
[52:38.040 --> 52:43.040]  The reason why I bring this up is I was wondering if Trot and Trot,
[52:43.040 --> 52:50.040]  they only labeled themselves as a professional corporation when they first started talking to us on behalf of Caliper Home Loans.
[52:50.040 --> 52:54.040]  They didn't identify themselves as attorneys in any way, shape or form.
[52:54.040 --> 52:58.040]  Is that a grievable offense?
[52:58.040 --> 53:00.040]  Not that I know of.
[53:00.040 --> 53:01.040]  I don't think so.
[53:01.040 --> 53:03.040]  I don't know.
[53:03.040 --> 53:07.040]  Always looking for an extra thing to sing with, right?
[53:07.040 --> 53:10.040]  Always.
[53:10.040 --> 53:15.040]  I had someone come to me once when I sued the sheriff.
[53:15.040 --> 53:17.040]  I actually had a lawyer look at it.
[53:17.040 --> 53:20.040]  He had just ran for state representative.
[53:20.040 --> 53:30.040]  He read my suit and he said, well, it appears as though you put everything in there but the kitchen sink.
[53:30.040 --> 53:31.040]  I said, well, yeah.
[53:31.040 --> 53:36.040]  He said, you know, this kind of goes to the horse dumpling theory.
[53:36.040 --> 53:38.040]  I said, the horse dumpling theory?
[53:38.040 --> 53:39.040]  He said, yeah.
[53:39.040 --> 53:46.040]  You know, horse dumplings, if anybody's familiar with them, they're just little dry clumps of hay for the most part.
[53:46.040 --> 53:55.040]  He said, if you throw enough of them up against the wall, one of them's going to stick.
[53:55.040 --> 53:57.040]  I didn't say horse turd on the air.
[53:57.040 --> 53:58.040]  That's why I said that.
[53:58.040 --> 54:00.040]  That's a good thing.
[54:00.040 --> 54:03.040]  Okay.
[54:03.040 --> 54:04.040]  Go ahead.
[54:04.040 --> 54:05.040]  All right.
[54:05.040 --> 54:09.040]  I've been kind of jumping in here and there and I don't want to be cutting you off.
[54:09.040 --> 54:15.040]  But another thing, in my debt validation letter to the – I didn't send this to Cal for Home Loans,
[54:15.040 --> 54:23.040]  but I added some extra things in to the trot and trot because we said just to be sure to send an extra one to them, right?
[54:23.040 --> 54:24.040]  Certified return receipt and all that.
[54:24.040 --> 54:30.040]  And I had asked for the commission for the debt collector if collection efforts are successful
[54:30.040 --> 54:36.040]  and the taxpayer identification number of the firm and the related parties of interest regarding this matter
[54:36.040 --> 54:43.040]  and all sorts of different things that I don't think is provided for under the FDCPA.
[54:43.040 --> 54:50.040]  That wouldn't invalidate anything else that is provided for under that law.
[54:50.040 --> 54:55.040]  Is there a law that provides for that outside of the FDCPA?
[54:55.040 --> 55:01.040]  I had done at the end of it, I said that – I'll see where – this communication shall be construed
[55:01.040 --> 55:05.040]  as a request for validation made pursuant to the Fair Debt Collection Practices Act
[55:05.040 --> 55:09.040]  and also a demand as a matter of protected right.
[55:09.040 --> 55:11.040]  I figured I'd add that in there just in case.
[55:11.040 --> 55:12.040]  Okay.
[55:12.040 --> 55:14.040]  You know, because I have a right to, you know, that right?
[55:14.040 --> 55:15.040]  Sure.
[55:15.040 --> 55:16.040]  Okay.
[55:16.040 --> 55:19.040]  Let me make a suggestion.
[55:19.040 --> 55:28.040]  If the law requires that someone do a certain thing or present a certain document,
[55:28.040 --> 55:35.040]  don't – it's not necessarily to quote the law when you make the request.
[55:35.040 --> 55:37.040]  And I try to avoid doing that.
[55:37.040 --> 55:40.040]  I just tell them what I want them to do.
[55:40.040 --> 55:46.040]  If they need a lawyer, go hire your own lawyer.
[55:46.040 --> 55:49.040]  When I do a debt validation letter,
[55:49.040 --> 55:57.040]  I don't say this is a debt validation letter under the 15 U.S. Code 1692 G.
[55:57.040 --> 55:58.040]  Don't do that.
[55:58.040 --> 56:02.040]  It's just I dispute all this debt, prove it up.
[56:02.040 --> 56:03.040]  Right.
[56:03.040 --> 56:08.040]  If you cite the wrong statute, they can raise an issue.
[56:08.040 --> 56:13.040]  If you don't cite any statute and they're required,
[56:13.040 --> 56:18.040]  the statute applies whether you cite it or not, and I suggest you not cite it.
[56:18.040 --> 56:19.040]  Okay.
[56:19.040 --> 56:23.040]  Yes, so long as your request is sufficient to be a request,
[56:23.040 --> 56:25.040]  you need not know the law.
[56:25.040 --> 56:29.040]  Remember, you are the unsophisticated party here.
[56:29.040 --> 56:32.040]  They are not.
[56:32.040 --> 56:37.040]  And even if you know it all, you have no duty to do the legal research for them.
[56:37.040 --> 56:38.040]  Right.
[56:38.040 --> 56:42.040]  There's another element, too.
[56:42.040 --> 56:47.040]  There's an element of playing possum.
[56:47.040 --> 56:51.040]  Would it be advantageous to you to come out of the gate
[56:51.040 --> 56:57.040]  blurting all of man's created known laws,
[56:57.040 --> 57:04.040]  or would it be to your advantage to know those laws and come out quiet as a mouse,
[57:04.040 --> 57:06.040]  ignorant as a post?
[57:06.040 --> 57:08.040]  Or drop it on them last minute.
[57:08.040 --> 57:09.040]  Yeah, that was our...
[57:09.040 --> 57:11.040]  Thank you.
[57:11.040 --> 57:16.040]  We encourage bushwhack.
[57:16.040 --> 57:19.040]  Now, another thing I'd like to say to you, Randy,
[57:19.040 --> 57:25.040]  when I first heard you say the phrase about dropping on them like a ton of bricks
[57:25.040 --> 57:30.040]  or introducing them into the deep end of the pool.
[57:30.040 --> 57:33.040]  Now, when I had thought about that sort of thing,
[57:33.040 --> 57:37.040]  you know, it never really occurred to me that you didn't elaborate
[57:37.040 --> 57:41.040]  on whether they're actually jumping in the water and they're going to drown,
[57:41.040 --> 57:44.040]  or they're jumping in a pool that's empty without no water,
[57:44.040 --> 57:47.040]  and they're going to hit the ground and they're going to feel it.
[57:47.040 --> 57:55.040]  Well, they're going to find themselves in much deeper water than they anticipated.
[57:55.040 --> 57:57.040]  Doesn't mean they're going to drown,
[57:57.040 --> 58:00.040]  but they're certainly not going to like being in there.
[58:00.040 --> 58:04.040]  That's the idea.
[58:04.040 --> 58:06.040]  Okay, we're about to go to break.
[58:06.040 --> 58:09.040]  This is Ben Kelton and Steve Skidmore with our radio.
[58:09.040 --> 58:14.040]  We're going to our top of the hour break, so it'll be a little bit longer.
[58:14.040 --> 58:15.040]  The phone lines are open.
[58:15.040 --> 58:18.040]  If you have a question or a comment, give us a call.
[58:18.040 --> 58:25.040]  We've got one more hour to go, and we'll try to get to everybody.
[58:25.040 --> 58:32.040]  And also, if you get time, go look at our logosradionetwork.com
[58:32.040 --> 58:37.040]  and look at our advertisers. They could sure use your patronage.
[58:37.040 --> 58:42.040]  It would help keep this thing up and going right now.
[58:42.040 --> 58:45.040]  We're paying for a lot of this out of our own pocket.
[58:45.040 --> 58:47.040]  Sometimes it gets kind of stretched out.
[58:47.040 --> 58:50.040]  We'll be right back.
[58:50.040 --> 58:54.040]  Would you like to make more definite progress in your walk with God?
[58:54.040 --> 58:57.040]  Bibles for America is offering a free study Bible
[58:57.040 --> 59:01.040]  and a set of free Christian books that can really help.
[59:01.040 --> 59:04.040]  The New Testament Recovery Version is one of the most comprehensive
[59:04.040 --> 59:06.040]  study Bibles available today.
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[59:10.040 --> 59:13.040]  that will help you to know God and to know the meaning of life.
[59:13.040 --> 59:16.040]  The free books are a three-volume set called
[59:16.040 --> 59:18.040]  Basic Elements of the Christian Life.
[59:18.040 --> 59:21.040]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.040 --> 59:24.040]  clearly presents God's plan of salvation,
[59:24.040 --> 59:28.040]  growing in Christ, and how to build up the Church.
[59:28.040 --> 59:31.040]  To order your free New Testament Recovery Version
[59:31.040 --> 59:34.040]  and Basic Elements of the Christian Life,
[59:34.040 --> 59:41.040]  call Bibles for America toll-free at 888-551-0102.
[59:41.040 --> 59:45.040]  That's 888-551-0102.
[59:45.040 --> 59:50.040]  Or visit us online at bfa.org.
[59:50.040 --> 01:00:03.040]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.040 --> 01:00:06.040]  This is the Liberty Beat, your daily source for Liberty news
[01:00:06.040 --> 01:00:09.040]  and activist updates, online at thelibertybeat.com.
[01:00:09.040 --> 01:00:13.040]  I'm Brian Hagan with your Liberty Beat for Friday, January 2, 2015.
[01:00:13.040 --> 01:00:18.040]  Gold is trading at $1,184, silver at $16.02,
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[01:00:36.040 --> 01:00:38.040]  But what about your family security?
[01:00:38.040 --> 01:00:41.040]  What have you done to prepare if all of these things were gone?
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[01:00:59.040 --> 01:01:03.040]  In the news, on Monday, the ACLU and Human Rights Watch
[01:01:03.040 --> 01:01:07.040]  demanded that the U.S. Department of Justice appoint a special prosecutor
[01:01:07.040 --> 01:01:10.040]  to investigate the CIA's use of torture methods.
[01:01:10.040 --> 01:01:12.040]  In a letter to Attorney General Eric Holder,
[01:01:12.040 --> 01:01:15.040]  the civil rights groups said the recent Senate Intelligence Committee
[01:01:15.040 --> 01:01:20.040]  report on the CIA includes new information that should be properly investigated.
[01:01:20.040 --> 01:01:23.040]  The group stated that failure to conduct a comprehensive criminal investigation
[01:01:23.040 --> 01:01:27.040]  would contribute to the notion that torture is acceptable.
[01:01:30.040 --> 01:01:33.040]  On Wednesday, leaders of the Senate Judiciary Committee
[01:01:33.040 --> 01:01:36.040]  announced that they were seeking details from the Obama administration
[01:01:36.040 --> 01:01:40.040]  regarding federal law enforcement's use of cell phone surveillance technology.
[01:01:40.040 --> 01:01:43.040]  In a bipartisan letter to the Departments of Justice and Homeland Security,
[01:01:43.040 --> 01:01:47.040]  Senators Patrick Leahy and Chuck Grassley requested more information
[01:01:47.040 --> 01:01:52.040]  about a recent policy change by the FBI regarding how surveillance equipment is used.
[01:01:55.040 --> 01:01:59.040]  Sixteen Iowa farmers and companies have filed suit against Syngenta Ag
[01:01:59.040 --> 01:02:02.040]  for losses incurred after China rejected corn shipments
[01:02:02.040 --> 01:02:06.040]  containing a genetically modified seed made by the corporation.
[01:02:06.040 --> 01:02:11.040]  The lawsuits state that Syngenta has caused damage to U.S. farmers, grain handlers and exporters.
[01:02:11.040 --> 01:02:16.040]  The farmers also call Syngenta negligent for prematurely selling the seed
[01:02:16.040 --> 01:02:20.040]  before it was approved by countries that are major markets for U.S. corn exports.
[01:02:20.040 --> 01:02:24.040]  This broadcast of the Liberty Beat is made possible by Central Texas Gunworks,
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[01:02:52.040 --> 01:02:57.040]  This is the Liberty Beat for Friday, January 2, 2015.
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[01:03:55.040 --> 01:04:02.040]  This is the Liberty Beat for Friday, January 2, 2015.
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[01:04:13.040 --> 01:04:15.040]  This is the Liberty Beat for Friday, January 2, 2015.
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[01:04:22.040 --> 01:04:28.440]  that. I'm coming in going out at the same time. We're talking to Johnny in Michigan.
[01:04:28.440 --> 01:04:35.600]  Well you started to give a call-in number go ahead. Okay call-in number is 512-646-1984.
[01:04:35.600 --> 01:04:49.680]  We've got one more hour. And Johnny where were we? Oh you hear a whole lot better when
[01:04:49.680 --> 01:04:55.560]  you're unmuted. Oh yeah I had said that, I don't know, I said something about me not
[01:04:55.560 --> 01:05:03.040]  having to sleep and whatnot. But that's all good. Yeah I don't really remember. Oh yeah
[01:05:03.040 --> 01:05:13.240]  you were talking about. Okay there was a question I had. You mentioned this servicer. And I
[01:05:13.240 --> 01:05:25.240]  have a problem with servicer. As far as the mortgage itself, the servicer is an employee,
[01:05:25.240 --> 01:05:35.400]  is an alleged employee of the holder. And all I care about is who the holder is. And
[01:05:35.400 --> 01:05:45.240]  the only one that can talk to me is the holder. So who is the holder according to the public
[01:05:45.240 --> 01:05:56.000]  record? The holder of what? The holder of the security instrument. I'm sorry the holder
[01:05:56.000 --> 01:06:04.560]  of the mortgage. That would be the entire transaction. Yeah that was returned back to
[01:06:04.560 --> 01:06:09.400]  Flagstar Bank but I don't know what they did with it after they got it. I have no proof
[01:06:09.400 --> 01:06:13.200]  or documentation regarding that at all and they haven't put any of my requests for that
[01:06:13.200 --> 01:06:19.440]  or my mother's, well ours. I've helped her on that sort of thing. Okay Steve, the original
[01:06:19.440 --> 01:06:32.320]  lender was Flagstar Bank FSB and in 07, is that right, or 04? 04, 2004 yeah. And in 2012
[01:06:32.320 --> 01:06:40.280]  they went into default and then they cured to default. And after that there was, okay
[01:06:40.280 --> 01:06:51.400]  I'm sorry, I'll make sure I'm right. When was the assignment from Merge to FSB filed?
[01:06:51.400 --> 01:06:58.040]  Was that in 2012? Yeah. Right around the same time that we made that small insurance claim
[01:06:58.040 --> 01:07:05.040]  to replace the, oh and I fought the local village on the whole ordinance. They're trying
[01:07:05.040 --> 01:07:09.560]  to give us a pull-up permit and all that and I won that too. Oh man that was, I ain't
[01:07:09.560 --> 01:07:21.120]  going to go into that. So Steve, we have FSB or Flagstar FSB as the original lender and
[01:07:21.120 --> 01:07:34.520]  then eight years later Merge was on the original instrument. Merge does a assignment from Merge
[01:07:34.520 --> 01:07:42.160]  to FSB, is that correct? Yes sir, Flagstar Bank FSB. How did Merge get in possession
[01:07:42.160 --> 01:07:49.040]  of it? That begs the question, that was the question it begs. In the actual mortgage it
[01:07:49.040 --> 01:07:55.000]  mentioned Merge but I don't, you know. Okay, just because it, okay when you say mortgage
[01:07:55.000 --> 01:08:02.680]  let's identify some documents here. We've got in some states. Hold on Steve, this is
[01:08:02.680 --> 01:08:09.680]  a judicial state. Okay. We are talking about a security instrument. Yeah, not a deed of
[01:08:09.680 --> 01:08:15.200]  trust but a mortgage document as this is written. Correct, okay. You do not have to adjudicate
[01:08:15.200 --> 01:08:22.120]  it. It is not a judicial state. I have confirmed that in the regards to them. We've been notified
[01:08:22.120 --> 01:08:26.600]  by a court and having a hearing. No, no, no, no. It's a mortgage state but it's sort of
[01:08:26.600 --> 01:08:32.480]  like Idaho where it's counting. Got you. Or Massachusetts is both. Yeah, it's real
[01:08:32.480 --> 01:08:38.960]  messed up. Yeah, it's both. Got you. Okay, so. It used to be that way apparently in 1983
[01:08:38.960 --> 01:08:45.920]  or something like that. Merge cannot have a beneficial interest. It's a library, a repository.
[01:08:45.920 --> 01:08:53.000]  It's a great big electronic bucket. I think it actually names them as a beneficiary in
[01:08:53.000 --> 01:09:01.280]  the actual mortgage. Hold on a second here. Okay, that, now that's a part you can, well
[01:09:01.280 --> 01:09:07.720]  see Merge is not coming back claiming to be the beneficiary. I have a long argument on
[01:09:07.720 --> 01:09:16.280]  beneficiary. Merge in terms of beneficiary and the argument I make goes to the validity
[01:09:16.280 --> 01:09:22.760]  of the document because reasonable persons can come to different conclusions about the
[01:09:22.760 --> 01:09:33.360]  meaning of the term. Merge as beneficiary as it's used in the document is inconsistent
[01:09:33.360 --> 01:09:40.120]  with either the common law meaning of beneficiary or the legal meaning of beneficiary which
[01:09:40.120 --> 01:09:49.880]  are precisely the same. And Merge as beneficiary does not meet that definition. So Merge as
[01:09:49.880 --> 01:10:00.480]  beneficiary must be a term of art. Problem. The term is not defined in the document so
[01:10:00.480 --> 01:10:10.600]  we can't know what that means. Merge is nominee. What does nominee mean? Well the common definition
[01:10:10.600 --> 01:10:19.040]  and legal definition is an entity nominated for some position. Well Merge is used in the
[01:10:19.040 --> 01:10:26.840]  document as nominee fits neither the legal nor the common law definition of nominee.
[01:10:26.840 --> 01:10:35.400]  So we can't know what it means therefore the document is an unenforceable, I'm sorry, it's
[01:10:35.400 --> 01:10:43.880]  too ambiguous to be enforceable. That makes sense. Now how would I get that adjudicated
[01:10:43.880 --> 01:10:51.120]  as far as like declaratory judgment or like how would I move? Quiet title. Well quiet
[01:10:51.120 --> 01:10:58.320]  title is a declaratory judgment. Yeah. I was being a little more specific than just declaratory.
[01:10:58.320 --> 01:11:06.080]  Sure. I actually know an elderly gentleman that he's like 87 and his son just had won
[01:11:06.080 --> 01:11:14.720]  a quiet title action in Ionia County which is the county south of me. I'm in Mecosta.
[01:11:14.720 --> 01:11:20.880]  Go study his documents. Go read what he pled, how he pled it. See if it applies to your
[01:11:20.880 --> 01:11:26.280]  case. I've got some documents but they still foreclosed on the home after the fact and
[01:11:26.280 --> 01:11:34.120]  he's trying to put together a wrongful foreclosure suit right now. He might look at filing criminally
[01:11:34.120 --> 01:11:43.920]  against them. Yeah. Conversion. Well after we'd won a case, came home a week later to
[01:11:43.920 --> 01:11:49.560]  find all my stuff out in front yard so yeah I'd say it's business as usual for the banking
[01:11:49.560 --> 01:11:58.320]  industry of the 21st century. We need to start filing criminally as well as civilly. Civil
[01:11:58.320 --> 01:12:08.360]  they can handle. Criminal opens a whole other can of worms. Now I've looked at the statute
[01:12:08.360 --> 01:12:13.800]  here for the causes of action for intentional infliction of emotional harm. I imagine that's
[01:12:13.800 --> 01:12:18.920]  something that could be claimed with that too right? Yeah but that's a lot harder to
[01:12:18.920 --> 01:12:24.960]  adjudicate because everybody throws that in there as kind of a catch all. You have more
[01:12:24.960 --> 01:12:32.600]  specific things that you can claim in these instances. If someone does a foreclosure where
[01:12:32.600 --> 01:12:39.280]  they don't have the right to do the foreclosure, that's criminal conversion. Okay. That's
[01:12:39.280 --> 01:12:49.320]  a crime. That would be a crime in every state. We used to have conversion as a cause of action
[01:12:49.320 --> 01:12:59.840]  in Texas but they changed the code so that, excuse me, so that conversion comes under
[01:12:59.840 --> 01:13:07.720]  the fraud, special fraud statute. You're going to have something of that nature. You start
[01:13:07.720 --> 01:13:14.560]  filing criminal charges against them, you change everything. And never ever mention
[01:13:14.560 --> 01:13:25.960]  criminal charges that you may have filed in the suit unless it supports your civil claim
[01:13:25.960 --> 01:13:35.360]  because the courts frown on trying to use criminal to gain advantage in civil. But if
[01:13:35.360 --> 01:13:41.240]  someone's committed a crime against you and you're harmed by the commission of the crime
[01:13:41.240 --> 01:13:49.160]  then you can mention the crime but try to avoid it if you can. Yeah. It's more of a
[01:13:49.160 --> 01:13:55.920]  stealth mode. Yeah you file criminal charges against them and you never bring it up in
[01:13:55.920 --> 01:14:00.800]  court. But you go into court and they come in there whining that you filed criminal charges
[01:14:00.800 --> 01:14:08.080]  against them. You ask for sanctions against them for trying to use criminal to gain advantage
[01:14:08.080 --> 01:14:13.840]  in civil. You've got to turn it back on them. Yeah you don't want to be the pot calling
[01:14:13.840 --> 01:14:22.200]  kettle black though. Well yeah if you've mentioned the criminal in the civil then you can't raise
[01:14:22.200 --> 01:14:27.120]  the objection. But if you go file criminally that's totally separate in civil. They don't
[01:14:27.120 --> 01:14:32.960]  have anything to do with each other. So you go file criminally over there and you come
[01:14:32.960 --> 01:14:40.000]  in here and you file the civil case. Never you don't need to mention the criminal to
[01:14:40.000 --> 01:14:47.400]  the judge because he can't do anything about it anyway. He's here, he's adjudicating this
[01:14:47.400 --> 01:14:55.040]  particular case, the civil actions. So it would in no way give you any advantage it
[01:14:55.040 --> 01:14:59.800]  would just make you look bad. So you don't mention. I don't think he can switch hats
[01:14:59.800 --> 01:15:09.560]  in midstream anyway can he? I can't find anything in law that says if someone commits a crime
[01:15:09.560 --> 01:15:18.040]  against you and you sue them for the damage they caused that somehow you're exempted from
[01:15:18.040 --> 01:15:26.820]  giving notice that a crime has been committed. I can't find that anywhere. I can't find
[01:15:26.820 --> 01:15:32.760]  anything that ties the two together. So that's why I suggest you sue them on the one hand
[01:15:32.760 --> 01:15:41.680]  you file a criminal on the other and you never bridge the two. If you can con the other side
[01:15:41.680 --> 01:15:47.520]  into coming into the court and whining about the criminal then you ask for sanctions against
[01:15:47.520 --> 01:15:48.520]  him.
[01:15:48.520 --> 01:15:52.280]  Now there's three parts that I wanted to address here. I just didn't want to interrupt you
[01:15:52.280 --> 01:16:00.840]  about certain things. First being in the court that this would probably be adjudicated for
[01:16:00.840 --> 01:16:08.680]  any of these actions, the individual that ran for the judgeship unopposed is the former
[01:16:08.680 --> 01:16:17.880]  prosecutor for like I don't know 10 years. Is that not in and of itself biased enough?
[01:16:17.880 --> 01:16:28.280]  That won't be biased at all. No he's a professional and he can separate the two and the fact that
[01:16:28.280 --> 01:16:35.680]  he was a criminal prosecutor really has nothing to do with it. We have a 12 year criminal
[01:16:35.680 --> 01:16:43.080]  district judge that just ran for district attorney into her accounting and got it.
[01:16:43.080 --> 01:16:46.920]  Now I'd like to address the truth in lending.
[01:16:46.920 --> 01:16:51.640]  Wait, wait, wait, hang on we're about to go to break. Randy Cheltenstuhl, Stu Skidmore,
[01:16:51.640 --> 01:17:01.240]  Root of Raw Radio, we'll be right back.
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[01:18:11.520 --> 01:18:15.600]  products featuring a great selection of high quality coins and precious metals. We cater
[01:18:15.600 --> 01:18:19.800]  to beginners in coin collecting as well as large transactions for investors. We believe
[01:18:19.800 --> 01:18:24.600]  in educating our customers with resources from top accredited metals dealers and journalists.
[01:18:24.600 --> 01:18:29.360]  If we don't have what you're looking for, we can find it. In addition, we carry popular
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[01:19:25.200 --> 01:19:49.200]  Okay, we are back. Randy Kelton and Steve Skidmore, Radio and Johnny, do they have anything
[01:19:49.200 --> 01:19:56.200]  else because we kind of need to finish up? Steve's got a U12B he wants to dress.
[01:19:56.200 --> 01:20:03.200]  Well, how about this? Randy or Steve, whenever one of you two folks get some time, some other
[01:20:03.200 --> 01:20:12.200]  day, hopefully before the 7th, if you'd give me a jingle sometime, that would be wonderful.
[01:20:12.200 --> 01:20:23.200]  Send me an email with your phone number in it and bar grievance site in caps, all caps
[01:20:23.200 --> 01:20:27.200]  as a subject line. All right, I can probably do that. I'll go
[01:20:27.200 --> 01:20:33.200]  down to the library and create me a separate email that I can use, but I won't be able
[01:20:33.200 --> 01:20:35.200]  to always check it. Oh, okay.
[01:20:35.200 --> 01:20:40.200]  But I can do that. Send him your phone number and he'll call
[01:20:40.200 --> 01:20:44.200]  you. You won't need the email. I can give it out again one more time for
[01:20:44.200 --> 01:20:49.200]  anyone else who wants to call. Actually, I've got it written down, actually.
[01:20:49.200 --> 01:20:56.200]  Okay, that's great. Anybody who wants my number, feel free to go ahead and...
[01:20:56.200 --> 01:21:00.200]  I'll take it and put it on the toilet walls everywhere.
[01:21:00.200 --> 01:21:04.200]  Easy. Be nice, Randy.
[01:21:04.200 --> 01:21:11.200]  I'll give you lots of nice, fun calls. If you can't play nice, you'll have to stand
[01:21:11.200 --> 01:21:15.200]  in the corner with your nose stuffed in it. Okay.
[01:21:15.200 --> 01:21:17.200]  Okay. Thank you, Johnny.
[01:21:17.200 --> 01:21:19.200]  All right, then. Talk to you another time.
[01:21:19.200 --> 01:21:23.200]  All righty. Bye-bye. Thanks for calling, Johnny.
[01:21:23.200 --> 01:21:31.200]  Okay. Steve, you wanted to talk about Wells VBAC.
[01:21:31.200 --> 01:21:40.200]  Yeah. Hugh S. Wells, I read this, I can't remember, it was two, three, maybe four
[01:21:40.200 --> 01:21:48.200]  weeks ago before my last computer crashed. Didn't have a chance to wrap up on it,
[01:21:48.200 --> 01:21:54.200]  though, but I'd like to kind of glaze back over this case because this case gives
[01:21:54.200 --> 01:22:07.200]  us a very good map as to the do's and don'ts when fighting Rule 12B6 motion.
[01:22:07.200 --> 01:22:16.200]  Rule 12B6, you're going to face Rule 12B6 in federal court. Just a real...
[01:22:16.200 --> 01:22:21.200]  We have helped, with what I've been doing, I've probably helped 700 people file
[01:22:21.200 --> 01:22:25.200]  federal lawsuits. And I think...
[01:22:25.200 --> 01:22:31.200]  How many of those were answered with a motion to dismiss under Rule 12B6?
[01:22:31.200 --> 01:22:33.200]  All but one or two.
[01:22:33.200 --> 01:22:39.200]  There you go. So that shows that's a good litmus test for the frequency on how
[01:22:39.200 --> 01:22:44.200]  often you're going to face this when you file a state suit and then you get this
[01:22:44.200 --> 01:22:49.200]  thing in the mail that says, removal to the Fed, or notice of removal. That's
[01:22:49.200 --> 01:22:54.200]  what it'll say, notice of removal. And it'll explain why this is removed to the
[01:22:54.200 --> 01:23:02.200]  federal... Generally, it's because you live in one state and the bank doesn't.
[01:23:02.200 --> 01:23:10.200]  So you've got a diverse jurisdiction. You can't go under... You don't flip a coin
[01:23:10.200 --> 01:23:15.200]  and get to pick, well, okay, we're going to play under New Hampshire rules today,
[01:23:15.200 --> 01:23:20.200]  or no, we're going to play under South Carolina rules today. You can't do that.
[01:23:20.200 --> 01:23:27.200]  So that's what the federal court is there for. If there's two different states'
[01:23:27.200 --> 01:23:34.200]  statutes in question or being raised or breach of those statutes, violation of
[01:23:34.200 --> 01:23:40.200]  those statutes, then the federal district courts have the jurisdiction and they
[01:23:40.200 --> 01:23:45.200]  have original jurisdiction over the subject matter, be it state or federal,
[01:23:45.200 --> 01:23:52.200]  unless, and Randy's familiar with this, unless there are issues that are
[01:23:52.200 --> 01:23:59.200]  severable, in which case those elements, those issues should be severed and
[01:23:59.200 --> 01:24:07.200]  remanded back to the court of state jurisdiction where they were originally
[01:24:07.200 --> 01:24:16.200]  filed. Let me address that a little bit. What the 2011 Venue and Removal
[01:24:16.200 --> 01:24:24.200]  Clarification Act says is that state, while a case may be removed to the
[01:24:24.200 --> 01:24:32.200]  federal court, any state issues must be severed and remanded to the state.
[01:24:32.200 --> 01:24:39.200]  It doesn't say may, might, or can, if they want to, but must. This act was
[01:24:39.200 --> 01:24:46.200]  filed because there was a split in the circuits over whether or not a federal
[01:24:46.200 --> 01:24:55.200]  court could assure state issues as to judicial economy so that you didn't have
[01:24:55.200 --> 01:25:00.200]  to have two different suits. Some circuits said yes, they can. Some circuits
[01:25:00.200 --> 01:25:06.200]  said no, that's preemption and overreaching. To settle the issue, the
[01:25:06.200 --> 01:25:12.200]  legislature passed the 2011 Venue and Removal Clarification Act and they
[01:25:12.200 --> 01:25:18.200]  said, while a case can be removed, if there are state issues, the state
[01:25:18.200 --> 01:25:22.200]  issues must be severed and remanded so the federal court can no longer hear the
[01:25:22.200 --> 01:25:30.200]  state issues. Must be not may, might, or can, if he wants to.
[01:25:30.200 --> 01:25:40.200]  That would effectually throw diversity of jurisdiction out the window.
[01:25:40.200 --> 01:25:46.200]  Effectively, it seems to change. When I read it, I said this changes
[01:25:46.200 --> 01:25:54.200]  everything. It separated federal issues from state issues and said that the
[01:25:54.200 --> 01:26:02.200]  feds can't hear state issues, period. Unless I missed something, because that's
[01:26:02.200 --> 01:26:07.200]  certainly the way I read it. When I read it, I said, holy mackerel, this
[01:26:07.200 --> 01:26:10.200]  changes 200 years of law.
[01:26:10.200 --> 01:26:15.200]  Then this is not being very closely adhered to because there are federal
[01:26:15.200 --> 01:26:19.200]  courts that hear state issues every day in this state.
[01:26:19.200 --> 01:26:26.200]  If you don't raise the issue, they can do it. I had a trespass to try title,
[01:26:26.200 --> 01:26:32.200]  two or three of them removed, to McBride's Court and the last one, the one
[01:26:32.200 --> 01:26:43.200]  before last, I didn't file a motion to remand. That's the normal procedure.
[01:26:43.200 --> 01:26:50.200]  They file a notice of removal. When a case is removed, that's not a motion.
[01:26:50.200 --> 01:26:58.200]  The defendant has the power to remove. They file a notice that I've exercised
[01:26:58.200 --> 01:27:03.200]  that power and removed it. Now, you go to the federal court, if you're the
[01:27:03.200 --> 01:27:08.200]  plaintiff, because only the defendant can file a motion to remove or file a
[01:27:08.200 --> 01:27:14.200]  removal action. Then the plaintiff would go to the federal court with a motion
[01:27:14.200 --> 01:27:21.200]  to remand, but instead I went with a challenge subject matter jurisdiction.
[01:27:21.200 --> 01:27:26.200]  This was a trespass to try title. There were no federal issues here. Strictly
[01:27:26.200 --> 01:27:32.200]  state law. So I filed a motion to challenge subject matter jurisdiction.
[01:27:32.200 --> 01:27:40.200]  The court dismissed with prejudice. I talked to the lawyer on the other side
[01:27:40.200 --> 01:27:46.200]  and told him that when I filed the motion to remand, I called him before
[01:27:46.200 --> 01:27:51.200]  and told him I was going to file it, but I didn't want to. He said, why not?
[01:27:51.200 --> 01:27:57.200]  I said, what's going to make you look bad? I really don't want to harm you.
[01:27:57.200 --> 01:28:02.200]  I would rather you remand this back, remand the state issues back. He said,
[01:28:02.200 --> 01:28:05.200]  there wouldn't be anything left. I said, I know that, but you need to do that
[01:28:05.200 --> 01:28:11.200]  anyway. He refused, but I filed the challenge to subject matter jurisdiction
[01:28:11.200 --> 01:28:18.200]  and he asked me why I did that. I said, well, because the only time you can sue
[01:28:18.200 --> 01:28:24.200]  a judge is when he acts without subject matter jurisdiction. I have no doubt
[01:28:24.200 --> 01:28:32.200]  that he told the court why I did that. Because I filed a second trespass
[01:28:32.200 --> 01:28:39.200]  to try title and Judge McBride did not dismiss this one with prejudice.
[01:28:39.200 --> 01:28:45.200]  Then the lawyer calls and says, same lawyer, said that we needed to file
[01:28:45.200 --> 01:28:50.200]  a scheduling order. I said, I'm not filing a scheduling order. I'd already filed
[01:28:50.200 --> 01:28:54.200]  a challenge subject matter jurisdiction. Well, if you don't file a scheduling
[01:28:54.200 --> 01:28:58.200]  order, the judge will dismiss. I said, I hope he does. Because when he dismisses
[01:28:58.200 --> 01:29:03.200]  this one, then I'm going to take him to a state grand jury and charge him
[01:29:03.200 --> 01:29:08.200]  with official repression. Well, you can't take him to a state grand jury.
[01:29:08.200 --> 01:29:13.200]  He's a federal judge. Yes, he is a federal judge, but he's performing his
[01:29:13.200 --> 01:29:20.200]  duty in a federal courthouse, not a federal enclave. That federal courthouse
[01:29:20.200 --> 01:29:24.200]  belongs to the state of Texas and the feds leased it from the state. The state
[01:29:24.200 --> 01:29:30.200]  did not cede that property to the feds. Therefore, the judge is bound by state
[01:29:30.200 --> 01:29:35.200]  common law. State penal code applies to him. The public official exerts a
[01:29:35.200 --> 01:29:39.200]  proportion of authority he does not expressly have and the process denies a
[01:29:39.200 --> 01:29:43.200]  citizen full of free access to a dormant right. That's a class A misdemeanor
[01:29:43.200 --> 01:29:48.200]  in Texas. But that smart-mouthed, arrogant federal judge explained his behavior
[01:29:48.200 --> 01:29:54.200]  to a grand jury of my people. We'll see how that works. Be right back.
[01:29:54.200 --> 01:29:59.200]  Mandy Kelton, Steve Gidmore. We'll be right back. We'll be right back.
[01:30:02.200 --> 01:30:06.200]  Robotic helicopters will soon be patrolling our skies and packing some
[01:30:06.200 --> 01:30:10.200]  spine-tingling heat. I'm Dr. Catherine Albrecht, and if being tased by a
[01:30:10.200 --> 01:30:15.200]  toy-sized chopper sounds scary to you, you won't want to miss my next segment.
[01:30:15.200 --> 01:30:20.200]  Privacy is under attack. When you give up data about yourself, you'll never get
[01:30:20.200 --> 01:30:24.200]  it back again. And once your privacy is gone, you'll find your freedoms will
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[01:30:49.200 --> 01:30:54.200]  on drug dealers in Mexico. Now, in a creepy twist, the Department of Homeland
[01:30:54.200 --> 01:30:59.200]  Security is buying a squadron of so-called Shadowhawks for Texas's Montgomery
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[01:31:04.200 --> 01:31:09.200]  outfitted with stun guns capable of paralyzing people from 100 feet, 12-gauge
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[01:31:14.200 --> 01:31:19.200]  film and track anyone within a 35-mile range for up to three and a half hours.
[01:31:19.200 --> 01:31:24.200]  With drones like these on the beat, will there be anywhere left to hide? I'm Dr.
[01:31:24.200 --> 01:31:29.200]  Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:29.200 --> 01:31:36.200]  I lost my son, my nephew, my uncle, my son on September 11, 2001. Most people don't
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[01:31:45.200 --> 01:31:50.200]  fire brought down Building 7, over 1,200 architects and engineers have looked into
[01:31:50.200 --> 01:31:54.200]  the evidence and believe there is more to the story. Bring justice to my son, my
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[01:31:59.200 --> 01:32:04.200]  and what you can do. After work, I'm so tired that I want to be left alone to
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[01:33:02.200 --> 01:33:31.200]  listening to the Logos Radio Network. Logosradionetwork.com.
[01:33:31.200 --> 01:33:38.200]  Welcome back to Rural Law Radio, folks. 512-646-1984 will put you on the radio.
[01:33:38.200 --> 01:33:43.200]  Call in, ask us what you want, tell us what you think. Makes no difference to us.
[01:33:43.200 --> 01:33:47.200]  If we can answer your question, we'll certainly do that. If we can't, we'll at
[01:33:47.200 --> 01:33:55.200]  least point you in the right direction. Or we hope to, anyway. Before we trotted
[01:33:55.200 --> 01:34:08.200]  off in a different direction, 12B6, as Randy so poignantly pointed out, is such a
[01:34:08.200 --> 01:34:14.200]  common tactic. It's something that you've got to be prepared for if you file suit
[01:34:14.200 --> 01:34:23.200]  against somebody that's headquartered in another state. You will look for the
[01:34:23.200 --> 01:34:29.200]  removal, and as soon as you get to the federal court, you're going to be greeted
[01:34:29.200 --> 01:34:43.200]  by a motion to dismiss by Rule 12B6, Federal Rules of Civil Procedure. Now, in
[01:34:43.200 --> 01:35:01.200]  2011, Hugh S. Wells v. BAC Hormones, that was under Civil Cause No. W-10-CA-00350,
[01:35:01.200 --> 01:35:07.200]  United States District for the Western District of Texas Waco Division. This is
[01:35:07.200 --> 01:35:13.200]  a 2011 case, but it points out a lot of the good do's and don'ts for somebody.
[01:35:13.200 --> 01:35:26.200]  One of the don'ts is subsequently one of Mr. Wells' do's or should-haves. They
[01:35:26.200 --> 01:35:38.200]  filed, I say they, BAC filed an MSJ or filed something, and Wells did not
[01:35:38.200 --> 01:35:45.200]  respond. Folks, if there's something filed in the court, respond. Always
[01:35:45.200 --> 01:35:56.200]  respond. Okay. The court has standards or goes by standards, and here are the
[01:35:56.200 --> 01:36:03.200]  standards for a Rule 12B6 motion to dismiss. According to this suit, or
[01:36:03.200 --> 01:36:09.200]  according to the judge in this case, a motion to dismiss for failure to state
[01:36:09.200 --> 01:36:16.200]  a claim sets the sufficiency of the complaint under Federal Rules of Civil
[01:36:16.200 --> 01:36:27.200]  Procedure 8. Rule 8 requires a, quote, short and plain statement of the claim
[01:36:27.200 --> 01:36:35.200]  showing that the pleader is entitled to relief, end quote. That's all you've got
[01:36:35.200 --> 01:36:44.200]  to do to get past a Rule 12B6. A lot of people leave out their short and plain
[01:36:44.200 --> 01:36:52.200]  statement of a claim showing that the pleader is entitled to relief. They want,
[01:36:52.200 --> 01:36:57.200]  a lot of people who write their own pleadings want to give the court their
[01:36:57.200 --> 01:37:02.200]  life story. The court doesn't need your life story, doesn't want your life
[01:37:02.200 --> 01:37:08.200]  story, and is going to be mad at you if they've got to read it. So leave the
[01:37:08.200 --> 01:37:15.200]  life story out. All you need is a short and plain statement of a claim. Okay,
[01:37:15.200 --> 01:37:24.200]  claim. What kind of claim can you make? There are all kinds of claims to make.
[01:37:24.200 --> 01:37:30.200]  Your claim is a cause of action. Get online and read more about causes of
[01:37:30.200 --> 01:37:41.200]  action. A cause of action is something that you can be relieved from. Somebody
[01:37:41.200 --> 01:37:46.200]  plowed over your fence. They backed out of the driveway and knocked the corner
[01:37:46.200 --> 01:37:52.200]  off your fence. You got two posts and three fence panels you need replaced. What
[01:37:52.200 --> 01:37:57.200]  would make you whole? Two posts and three panels.
[01:37:57.200 --> 01:38:03.200]  Now wait a minute. What would be the cause of action? In that one it would be
[01:38:03.200 --> 01:38:10.200]  property damage. Okay, that's, when you're charged with a crime. Negligence.
[01:38:10.200 --> 01:38:15.200]  When you're charged with a crime, they'll charge you with a statute. When you're
[01:38:15.200 --> 01:38:21.200]  sued, you're sued under a defined cause of action. So you don't get to go out
[01:38:21.200 --> 01:38:25.200]  there and say, this guy did this, the dirty rat, he did that, and he harmed me
[01:38:25.200 --> 01:38:30.200]  this way and that way. You can do all that, but then you have to state your
[01:38:30.200 --> 01:38:36.200]  claim in the terms of a defined cause of action. It's kind of like a statute in
[01:38:36.200 --> 01:38:41.200]  a criminal. If you don't make it in terms of a cause of action and you just tell
[01:38:41.200 --> 01:38:49.200]  them the bad stuff they did, they're going to get you a 12b6. You have to say
[01:38:49.200 --> 01:38:55.200]  fraud, fraud per se, fraud by nondisclosure, and those are the hardest ones
[01:38:55.200 --> 01:39:05.200]  to prove. Mental anguish. What are some of the others? Tortious interference,
[01:39:05.200 --> 01:39:12.200]  breach of contract. So you have to take what happened to you and then look
[01:39:12.200 --> 01:39:19.200]  through the causes of action and find the one that your claim fits inside and
[01:39:19.200 --> 01:39:24.200]  make it in terms of that cause of action. Just like a statute, a cause of action
[01:39:24.200 --> 01:39:31.200]  has elements, and you have to claim each of the elements. If you're misclaiming
[01:39:31.200 --> 01:39:37.200]  one of them, you're going to get a 12b6. I'm going to butt out now.
[01:39:37.200 --> 01:39:47.200]  I'm going to pick up where we left off. FedRCP 8a2. To satisfy this rule,
[01:39:47.200 --> 01:39:53.200]  the complaint must contain sufficient facts which, if true, would state the
[01:39:53.200 --> 01:40:05.200]  claim for relief that is plausible on face. So you don't even have to get into
[01:40:05.200 --> 01:40:13.200]  detail. All it's got to be is plausible. Then you'll go deeper into the case
[01:40:13.200 --> 01:40:19.200]  and then explain your situation much deeper. But if you do that simple thing,
[01:40:19.200 --> 01:40:25.200]  make a short and plain statement of a claim that means state your cause of
[01:40:25.200 --> 01:40:31.200]  action, showing how you're entitled to the relief or showing that you are
[01:40:31.200 --> 01:40:38.200]  entitled to relief, then you can ward off a 12b6 there.
[01:40:38.200 --> 01:40:46.200]  Now, I believe Randy helped me out here. I think that is where the reform
[01:40:46.200 --> 01:40:54.200]  community or the pro se community comes up with the term a scintilla of evidence
[01:40:54.200 --> 01:40:59.200]  or a scintilla of something or other. A lot of people harp on the scintilla.
[01:40:59.200 --> 01:41:04.200]  I can't find that in law anywhere. I find that in plain talk, but I don't
[01:41:04.200 --> 01:41:13.200]  find it in law. I find this, a short, plain statement of the claim showing
[01:41:13.200 --> 01:41:18.200]  that the pleader is entitled to relief. There's your scintilla of evidence
[01:41:18.200 --> 01:41:23.200]  showing that you're entitled to some type of relief. Would you agree?
[01:41:23.200 --> 01:41:33.200]  I would agree, and the short, clear statement must contain facts and law
[01:41:33.200 --> 01:41:40.200]  as it applies to the facts that would show that this fact I state, where in
[01:41:40.200 --> 01:41:46.200]  this case the court must accept what I state as a fact is true, not an opinion,
[01:41:46.200 --> 01:41:54.200]  not a conclusion, but a fact. The deed of trust filed in the county record
[01:41:54.200 --> 01:41:58.200]  contains this information, this information, this information. Those are
[01:41:58.200 --> 01:42:03.200]  facts. The deed of trust is a bunch of crap oil and it's a piece of garbage.
[01:42:03.200 --> 01:42:08.200]  That's not a fact. That's an opinion. The court can't do anything with that.
[01:42:08.200 --> 01:42:12.200]  And they broke the law when they done that. That's an opinion.
[01:42:12.200 --> 01:42:20.200]  Exactly. So state facts, law addressing those facts, and if your facts are
[01:42:20.200 --> 01:42:29.200]  construed to be true, which the judge must do, then this law tells the judge
[01:42:29.200 --> 01:42:36.200]  that you would have a right to this remedy. That's not in there and that's
[01:42:36.200 --> 01:42:45.200]  all you need in there. Better visions and opinions. I'm sorry, you can draw a
[01:42:45.200 --> 01:42:53.200]  conclusion from the facts and the law and that's the whole point. But what goes
[01:42:53.200 --> 01:42:56.200]  to our rule, never make a proactive statement of law out of your own mouth.
[01:42:56.200 --> 01:43:01.200]  Always make that out of the mouth of the court and state your facts clearly
[01:43:01.200 --> 01:43:11.200]  and succinctly without exaggeration or equivocation. And opinion. Leave your
[01:43:11.200 --> 01:43:16.200]  own opinion out. Bring the opinion of prior court cases, but leave your own
[01:43:16.200 --> 01:43:21.200]  opinion out of it. That's probably the hardest thing to do. It really is. It
[01:43:21.200 --> 01:43:28.200]  really is. If you've never written a pleading before, read some. Don't notice
[01:43:28.200 --> 01:43:31.200]  so much what the attorney is putting in there, but notice more what he is
[01:43:31.200 --> 01:43:37.200]  choosing to leave out. I hear the music coming up. I'm going to pick back up on
[01:43:37.200 --> 01:43:45.200]  facial plausibility when we come back on the other side. 512-646-1984 will get
[01:43:45.200 --> 01:43:50.200]  you in line. Actually, it will scoot you up to the front of the line. Listen to
[01:43:50.200 --> 01:43:54.200]  the rule of law radio on a Friday night, folks. Thanks for tuning in. We'll be
[01:43:54.200 --> 01:43:59.200]  right back. Stay tuned.
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[01:46:25.200 --> 01:46:50.200]  Welcome back to Rule of Law Radio on a Friday night, folks. 512-646-1984 will
[01:46:50.200 --> 01:46:55.200]  push you to the top of the line. We've got no callers on the line right now, so
[01:46:55.200 --> 01:47:01.200]  I'm going to bore you with more case law until somebody calls in. Facial
[01:47:01.200 --> 01:47:06.200]  plausibility requires the plaintiff to allege the supporting recovery under a
[01:47:06.200 --> 01:47:13.200]  viable legal theory. Although heightened fact pleading of specifics is not
[01:47:13.200 --> 01:47:19.200]  required, the plaintiff must include enough facts to provide fair notice of
[01:47:19.200 --> 01:47:26.200]  the nature of his claim and the grounds on which they rest. Unsubstantiated
[01:47:26.200 --> 01:47:34.200]  accusations, conclusory assertions, or a formulaic recitation of the elements of
[01:47:34.200 --> 01:47:43.200]  a cause of action will not do. You got that? You can't just explain to the
[01:47:43.200 --> 01:47:50.200]  court what a cause of action is, and you've got to claim it. So, furthermore,
[01:47:50.200 --> 01:47:58.200]  regardless of how well pleaded they may be, the factual allegations must show an
[01:47:58.200 --> 01:48:05.200]  entitlement to relief under a valid legal theory, complaints based on an
[01:48:05.200 --> 01:48:16.200]  outlandish legal theory or on a close but ultimately unavailable, excuse me,
[01:48:16.200 --> 01:48:24.200]  let me cut, take two, quote, based on an outlandish legal theory or on a close
[01:48:24.200 --> 01:48:33.200]  but ultimately unavailing one, end quote, should be dismissed. And I agree. This
[01:48:33.200 --> 01:48:38.200]  also gives us opportunity to watch out what the other guys are putting in the
[01:48:38.200 --> 01:48:46.200]  court, make sure what they put into court are of the same standard, because if
[01:48:46.200 --> 01:48:54.200]  they're not, guess what? They just gave you ammo. Beat them in the head with it.
[01:48:54.200 --> 01:49:01.200]  When examining the complaint, the court engages in a two-part inquiry. First, it
[01:49:01.200 --> 01:49:06.200]  distinguishes between factual allegations and legal conclusions, because
[01:49:06.200 --> 01:49:14.200]  the latter are not entitled to the presumption of truth. Second, the court
[01:49:14.200 --> 01:49:25.200]  determines whether the alleged facts plausibly give rise to an entitlement to
[01:49:25.200 --> 01:49:33.200]  relief. It will assume that the facts are true, construe them in the light most
[01:49:33.200 --> 01:49:41.200]  favorable to the plaintiff, and draw all reasonable inferences in his favor.
[01:49:41.200 --> 01:49:47.200]  Those facts must allow the court using its own expertise, using its own
[01:49:47.200 --> 01:49:54.200]  experience and common sense to draw the reasonable inference that the defendant
[01:49:54.200 --> 01:50:05.200]  is liable for the misconduct alleged. So let's summarize this. State your claim.
[01:50:05.200 --> 01:50:11.200]  Plead out your cause of action. Though it says it's not necessary, if it's within
[01:50:11.200 --> 01:50:18.200]  your power to do so, keep it brief. You know, just hit the high spots. The things
[01:50:18.200 --> 01:50:26.200]  that really point out, stand out in law, plead them out. If you've got different
[01:50:26.200 --> 01:50:31.200]  elements, let's say you've got a breach of contract. How many elements are there
[01:50:31.200 --> 01:50:37.200]  to breach a contract? I believe there's four in the state of Texas. Plead each
[01:50:37.200 --> 01:50:43.200]  one of those elements has its own elements. Plead them all out. If you do
[01:50:43.200 --> 01:50:49.200]  this in the state, when you file your state claim, you will be prepared to go
[01:50:49.200 --> 01:50:57.200]  to the Fed. You won't need to amend. As a matter of fact, if you know you've got
[01:50:57.200 --> 01:51:05.200]  diversity, why aren't you filing it in the Fed to begin with? Unless you've got
[01:51:05.200 --> 01:51:11.200]  state issues that should be fought in the state court. Randy, I don't know if
[01:51:11.200 --> 01:51:16.200]  there's anything that prevents you from having a suit in the Fed and a suit in
[01:51:16.200 --> 01:51:24.200]  the state, do you? I can't find anything unless they're addressing the same
[01:51:24.200 --> 01:51:33.200]  issues. But with this clarification act, the Fed addresses the Fed issues and
[01:51:33.200 --> 01:51:40.200]  the state addresses the state issues. Now, if there were an issue that would be
[01:51:40.200 --> 01:51:46.200]  adjudicatable in the state or in the Fed, I would think that if there is
[01:51:46.200 --> 01:51:53.200]  diversity, then the jurisdiction would shift to the federal side of that
[01:51:53.200 --> 01:52:01.200]  particular issue. So something like a common law crime that causes someone
[01:52:01.200 --> 01:52:08.200]  harm. The common law crimes are pretty well defined in the state and in the
[01:52:08.200 --> 01:52:14.200]  Fed and for the most part the same way. So if you're still on the other side of
[01:52:14.200 --> 01:52:23.200]  the state line and I throw a rock and dot your eye with it, then now we have
[01:52:23.200 --> 01:52:30.200]  diversity jurisdiction and we have an issue that can be adjudicated in either
[01:52:30.200 --> 01:52:36.200]  the state or the Fed. I would think that could stay in the Fed. But like the one
[01:52:36.200 --> 01:52:43.200]  I was talking about, trespass to tri-tidal, that may be specific to real
[01:52:43.200 --> 01:52:51.200]  property within the state over which the Feds can have no jurisdiction. So I
[01:52:51.200 --> 01:52:58.200]  couldn't see any way that could stay in. Stephen Florida, I believe, is on point
[01:52:58.200 --> 01:53:08.200]  with causes of action. Welcome to Airwaves, Steve. Gentlemen, here's my
[01:53:08.200 --> 01:53:11.200]  question or here's basically, okay, when you're writing the complaint and
[01:53:11.200 --> 01:53:14.200]  according to most forms, usually you do like an introduction, you're going to
[01:53:14.200 --> 01:53:17.200]  have your jurisdictional venue issues, then you're going to do like probably a
[01:53:17.200 --> 01:53:22.200]  plenary statement, the short and plain statement of the issues. Parties. Don't
[01:53:22.200 --> 01:53:26.200]  forget introduction of the parties. You're right. Yeah, I skipped. I was kind
[01:53:26.200 --> 01:53:32.200]  of getting to the meat here. Okay. Where would you suggest putting the short and
[01:53:32.200 --> 01:53:35.200]  plain statement of the facts in the statement of facts? Would it be at the end
[01:53:35.200 --> 01:53:41.200]  in more or less your count section or inclusion? It depends on how big your
[01:53:41.200 --> 01:53:45.200]  statement of facts is. If the statement of facts is rather large, you can put
[01:53:45.200 --> 01:53:51.200]  that in a separate document in the form of an affidavit and then from your
[01:53:51.200 --> 01:53:56.200]  complaint, you can refer to the statement of facts. Okay. Can I have a
[01:53:56.200 --> 01:53:59.200]  little fun with this? Let's say you're doing like a 42-1983 deprivation of
[01:53:59.200 --> 01:54:03.200]  rights. Let's say that's your cause of action. So as long as you make the point
[01:54:03.200 --> 01:54:06.200]  that one day they came, took something from the property without due process of
[01:54:06.200 --> 01:54:09.200]  law, basically, that would be your short and plain statement, correct? And then,
[01:54:09.200 --> 01:54:13.200]  of course, the facts that prove that they came to this property and took, say,
[01:54:13.200 --> 01:54:15.200]  an auto bill right out of the garage because they claimed they have an
[01:54:15.200 --> 01:54:20.200]  ordinance that says they can do it. That would be a violation under color of
[01:54:20.200 --> 01:54:29.200]  ordinance then, correct? Yes. Under color of law. Okay. That's not so easy to
[01:54:29.200 --> 01:54:38.200]  answer. If they did have a ordinance that said they can do it, then they're
[01:54:38.200 --> 01:54:45.200]  acting in good faith reliance on competent authority. If you maintain that
[01:54:45.200 --> 01:54:52.200]  the ordinance itself is unconstitutional, that's a different issue. Or that it
[01:54:52.200 --> 01:54:57.200]  somehow does not apply to you. There you go. That's usually the key. This
[01:54:57.200 --> 01:55:02.200]  particular ordinance would not apply to this man's home, for instance. Okay. Did
[01:55:02.200 --> 01:55:09.200]  he work for the municipal corporation? No, he sure didn't. How did he enter into
[01:55:09.200 --> 01:55:15.200]  a contract with the municipal corporation? Well, he didn't. They seem to
[01:55:15.200 --> 01:55:19.200]  think so just because his home's in the city limits and that's not the way the
[01:55:19.200 --> 01:55:22.200]  charters are written. That's not the way the ordinance are meant to affect in
[01:55:22.200 --> 01:55:26.200]  accordance with the legislature and the state constitution. In other words, they
[01:55:26.200 --> 01:55:29.200]  can't create ordinances that violate your constitutional rights. That's
[01:55:29.200 --> 01:55:33.200]  basically, in most cases, the order did not apply to the average everyday man's
[01:55:33.200 --> 01:55:40.200]  home. It's impossible. Okay. The problem with that is if the ordinance is
[01:55:40.200 --> 01:55:49.200]  facially valid, then you would have to prove the ordinance unconstitutional or
[01:55:49.200 --> 01:55:56.200]  insufficient before you could go after them for acting in furtherance of the
[01:55:56.200 --> 01:56:03.200]  ordinance but in violation of your rights. I recently called 911 and asked
[01:56:03.200 --> 01:56:09.200]  them to dispatch an officer to arrest these two guys at the metal detector for
[01:56:09.200 --> 01:56:17.200]  following policy because I maintained that the policy was unconstitutional.
[01:56:17.200 --> 01:56:21.200]  Well, what if the charter makes it really clear that the ordinances only apply to
[01:56:21.200 --> 01:56:24.200]  city-owned lease property and doesn't apply to nothing else? It doesn't
[01:56:24.200 --> 01:56:28.200]  actually define that particular property as something the ordinance can apply to.
[01:56:28.200 --> 01:56:32.200]  That sounds like it should go to a challenge to subject matter jurisdiction
[01:56:32.200 --> 01:56:37.200]  of the court trying to adjudicate the issues. Oh, I'm sorry. I'm kind of mixing
[01:56:37.200 --> 01:56:41.200]  things up. We're looking at a civil action against the city.
[01:56:41.200 --> 01:56:45.200]  Technically, you're using, yeah, with the city, use an ordinance that's only
[01:56:45.200 --> 01:56:48.200]  meant to apply to city property or property that has a nexus with the city
[01:56:48.200 --> 01:56:51.200]  like businesses and things like that. They're trying to bring it to somebody's
[01:56:51.200 --> 01:56:54.200]  home and claim they can just do whatever they want because they have an ordinance
[01:56:54.200 --> 01:56:56.200]  that says they can do it because, well, they put a sticker on the car 20 days
[01:56:56.200 --> 01:56:59.200]  earlier. Now they can just come and wipe it out, take it off, and do whatever
[01:56:59.200 --> 01:57:02.200]  they want to do with it because, yeah, no, this is the course of that bubble.
[01:57:02.200 --> 01:57:07.200]  Well, that wouldn't be a cause of action. That would be an affirmative defense,
[01:57:07.200 --> 01:57:12.200]  more akin to an affirmative defense. No, no. He's saying he wants to do a
[01:57:12.200 --> 01:57:18.200]  42-year-scope 1983 suit. Ah, okay. I'm not familiar with that one.
[01:57:18.200 --> 01:57:23.200]  That's Ku Klux Klan Act, second part. Oh, okay. Got you. Okay. Okay.
[01:57:23.200 --> 01:57:27.200]  There you go. I am more familiar with it than I thought.
[01:57:27.200 --> 01:57:31.200]  Yeah, 241, 242, I had a title 18. Those are the criminal statutes that usually
[01:57:31.200 --> 01:57:37.200]  work with 42, 1983, 1881, 85, 86, you know? So anyhow, I just thought I'd touch on
[01:57:37.200 --> 01:57:39.200]  that because I know a lot of people call me and they always have problems how
[01:57:39.200 --> 01:57:42.200]  to put the complaint sticker and you get a lot of short plain statements. I'm
[01:57:42.200 --> 01:57:45.200]  aware of that, but then I was like, well, gee, what's that, guys? Where exactly
[01:57:45.200 --> 01:57:48.200]  would you put it? It would be my statement, the statement of fact, it would be in
[01:57:48.200 --> 01:57:51.200]  the counts, you know? And Randy kind of made a point of having a lot of complex
[01:57:51.200 --> 01:57:55.200]  issues that may have to be spread around across the board. So anyhow, I thought I'd
[01:57:55.200 --> 01:57:58.200]  touch on that just to sort of see if we could help someone out with how to think
[01:57:58.200 --> 01:58:04.200]  off, you know, so. Glad you did. Glad you did. I hear the music in the background,
[01:58:04.200 --> 01:58:09.200]  folks. Is this it? This is it. I'd like to thank everybody for tuning in and
[01:58:09.200 --> 01:58:14.200]  putting up with us, Randy. Yep, we've got another one in the can. I really enjoyed
[01:58:14.200 --> 01:58:20.200]  this show. I thought it went well. Well, the half of it that I was here for was
[01:58:20.200 --> 01:58:27.200]  fine. Thanks, folks, for listening to us. Make sure you listen to Eddie What's His
[01:58:27.200 --> 01:58:35.200]  Name on Monday. Mr. Craig. Eddie What's His Name. Eddie Craig. No free rides for
[01:58:35.200 --> 01:58:50.200]  him. And we'll be back next week. Thank you all for listening and good night.
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