[00:00.000 --> 00:07.580]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.580 --> 00:08.580]  at thelibertybeat.com.
[00:08.580 --> 00:12.800]  I'm Brian Hagan with your Liberty Beat for Friday, February 13th, 2015.
[00:12.800 --> 00:20.480]  Gold is trading at $1,224, silver at $16.99, and Bitcoin is trading around $232.
[00:20.480 --> 00:26.400]  Today's Bitcoin price, brought to you by ExpressCoin, the fastest, most reliable way to buy Bitcoin.
[00:26.400 --> 00:29.240]  Buy Bitcoin today at ExpressCoin.com.
[00:29.240 --> 00:33.160]  Extreme weather, from droughts lasting for weeks and torrential rainstorms robbing the
[00:33.160 --> 00:38.880]  country of vital crops for food, to snowstorms of 70 inches plus stopping cities in their
[00:38.880 --> 00:39.880]  tracks.
[00:39.880 --> 00:44.640]  Supporting your family through these difficult times is what eFoodsDirect does.
[00:44.640 --> 00:51.380]  Go to eFoodsDirect.com slash Liberty Beat or call 800-620-5520 to learn more about food
[00:51.380 --> 00:53.880]  security in a time of crisis.
[00:53.880 --> 00:57.900]  In the news, President Obama will announce executive action, ordering the government
[00:57.900 --> 01:03.320]  and companies to increase shared information regarding alleged cyber security threats.
[01:03.320 --> 01:07.000]  Obama is expected to make the move in response to perceived risks of cyber attacks.
[01:07.000 --> 01:11.560]  The president will be speaking at a conference on cyber security at Stanford University today.
[01:11.560 --> 01:15.720]  The executive order comes after the Obama administration announced plans for a new government
[01:15.720 --> 01:21.240]  center focused on cyber security threats.
[01:21.240 --> 01:25.700]  An international committee of scientists have released a report stating that geoengineering
[01:25.700 --> 01:30.520]  techniques are not a viable alternative to reducing greenhouse gas emissions to combat
[01:30.520 --> 01:32.400]  the effects of climate change.
[01:32.400 --> 01:36.760]  The committee report called for more research and the understanding of various geoengineering
[01:36.760 --> 01:39.040]  techniques before implementation.
[01:39.040 --> 01:43.640]  The scientists found that certain techniques are likely to present serious known and possible
[01:43.640 --> 01:48.640]  unknown environmental, social and political risks, including the possibility of being
[01:48.640 --> 01:50.000]  deployed unilaterally.
[01:50.000 --> 01:54.480]  The report was sponsored by the National Academy of Sciences, the U.S. Intelligence Community,
[01:54.480 --> 02:00.240]  NASA, NOAA and the U.S. Department of Energy.
[02:00.240 --> 02:03.920]  The Sacramento County Sheriff's Department is seeking to upgrade its cell phone surveillance
[02:03.920 --> 02:04.920]  tools.
[02:04.920 --> 02:07.280]  That's according to recently revealed documents.
[02:07.280 --> 02:11.760]  News 10 Sacramento reports the department found an application for a new $300,000 Stingray
[02:11.760 --> 02:14.640]  cell site simulator in August of 2013.
[02:14.640 --> 02:18.640]  Stingrays work by tricking cell phones into sending data to the devices as if it were
[02:18.640 --> 02:19.980]  a cell tower.
[02:19.980 --> 02:23.040]  The Liberty Beat is sponsored by the Texas Bitcoin Conference.
[02:23.040 --> 02:27.720]  Hear from speakers like Charlie Shrimp, Dr. Robert Murphy, Vitalik Futurin and Katherine
[02:27.720 --> 02:28.720]  Bleich.
[02:28.720 --> 02:32.400]  March 28th and 29th at ACL Live at the Moody Theater.
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[02:53.360 --> 02:57.400]  This is the Liberty Beat for Friday, February 13th, 2015.
[02:57.400 --> 02:59.360]  Check out the website at thelibertybeat.com.
[02:59.360 --> 03:26.000]  Well, I received my remedy today, game in the box, just like they say, I accept it for
[03:26.000 --> 03:33.000]  Friday, February 13th, 2015.
[03:33.000 --> 03:47.360]  Welcome back to Rule of Law Radio, folks, see we've got a couple of callers on the line.
[03:47.360 --> 03:53.280]  Going to let the call screener screen these calls first because we don't know who it is,
[03:53.280 --> 03:55.280]  but there's a couple of somebodies out there.
[03:55.280 --> 03:57.600]  Look, I know Marcus in Virginia.
[03:57.600 --> 03:58.600]  Okay.
[03:58.600 --> 04:01.600]  Let me take Marcus.
[04:01.600 --> 04:07.320]  I missed, I got it, okay.
[04:07.320 --> 04:08.320]  Did you go live?
[04:08.320 --> 04:10.320]  Yeah, Marcus is up.
[04:10.320 --> 04:11.320]  Okay.
[04:11.320 --> 04:13.320]  Marcus has been fighting the system.
[04:13.320 --> 04:14.320]  Good.
[04:14.320 --> 04:15.320]  Hello, Marcus.
[04:15.320 --> 04:20.800]  Well, I didn't expect to get in, I just called right there.
[04:20.800 --> 04:24.880]  You're in, you're on, you have the floor, sir, run with it.
[04:24.880 --> 04:25.880]  Okay.
[04:25.880 --> 04:26.880]  All right.
[04:26.880 --> 04:31.160]  Well, again, I'm in a restaurant, so there's probably some background noise.
[04:31.160 --> 04:36.840]  I might have to move to a better location, so I thought I'd have some time to do that.
[04:36.840 --> 04:43.840]  Just lower the phone and stand up and tell everybody to shut up.
[04:43.840 --> 04:44.840]  Okay.
[04:44.840 --> 04:45.840]  All right.
[04:45.840 --> 04:56.720]  Well, anyway, let's see, I guess I got to get everybody up to date on what's going on
[04:56.720 --> 04:57.720]  here.
[04:57.720 --> 04:58.720]  Yes.
[04:58.720 --> 04:59.720]  That would help.
[04:59.720 --> 05:00.720]  Yeah.
[05:00.720 --> 05:01.720]  Okay.
[05:01.720 --> 05:02.720]  Where do I start?
[05:02.720 --> 05:03.720]  From the beginning.
[05:03.720 --> 05:04.720]  From the very beginning.
[05:04.720 --> 05:05.720]  Oh, jeez, that's going to take a while.
[05:05.720 --> 05:15.720]  I mean, we don't need to know when you were born and all that, but I mean, if you've got
[05:15.720 --> 05:20.120]  a child, do you have a cause before the court right now?
[05:20.120 --> 05:24.720]  Oh, yeah, they have a cause against me, of course.
[05:24.720 --> 05:25.720]  Okay.
[05:25.720 --> 05:26.720]  Start at the beginning of the cause.
[05:26.720 --> 05:27.720]  Let's see.
[05:27.720 --> 05:28.720]  When was it filed?
[05:28.720 --> 05:29.720]  What was filed and when was it filed?
[05:29.720 --> 05:30.720]  When was this filed?
[05:30.720 --> 05:31.720]  It was actually back in 2013.
[05:31.720 --> 05:32.720]  Okay.
[05:32.720 --> 05:33.720]  And what did they file?
[05:33.720 --> 05:34.720]  And who are they?
[05:34.720 --> 05:56.200]  Hello, Marcus.
[05:56.200 --> 05:57.200]  Sounds like we lost him.
[05:57.200 --> 05:58.200]  Yeah, he dropped off.
[05:58.200 --> 05:59.200]  He dropped off altogether.
[05:59.200 --> 06:00.200]  Oh, okay.
[06:00.200 --> 06:01.200]  Okay.
[06:01.200 --> 06:02.200]  Good.
[06:02.200 --> 06:06.800]  We're going to Troy in Colorado.
[06:06.800 --> 06:10.360]  Troy in Colorado, what say you, sir?
[06:10.360 --> 06:11.480]  And Marcus, call back in.
[06:11.480 --> 06:19.440]  I heard you guys talking about PNC Mortgage, and I'm just about ready to bring them to
[06:19.440 --> 06:20.440]  court here.
[06:20.440 --> 06:28.200]  And I was wanting to know, you mentioned that they had changed their company several times
[06:28.200 --> 06:33.920]  from National City, Inc. to National City Mortgage, then PNC, I think.
[06:33.920 --> 06:34.920]  Yes.
[06:34.920 --> 06:42.080]  Where can I get that information on so I can prove the title?
[06:42.080 --> 06:54.000]  It is readily available online, Wikipedia, even their own websites will give you the
[06:54.000 --> 06:56.480]  history of the company.
[06:56.480 --> 07:04.240]  But it started out in 2003 with us when it was National City Mortgage Company.
[07:04.240 --> 07:09.880]  I forget when, but they changed, National City Mortgage Company changed its name to
[07:09.880 --> 07:13.320]  National City Mortgage, Inc.
[07:13.320 --> 07:21.680]  They then emerged with and became, merged with another company and became National City
[07:21.680 --> 07:27.200]  Real Estate Services, successor by merger to National City Mortgage, Inc., formerly
[07:27.200 --> 07:36.080]  known as National City Mortgage Company, then that outfit merged with PNC, Bank National
[07:36.080 --> 07:37.080]  Association.
[07:37.080 --> 07:45.280]  So they just kept changing the name so they could keep the guilty in the background, huh?
[07:45.280 --> 07:48.320]  Well, it kept going belly up.
[07:48.320 --> 07:56.920]  They got stretched out too far on their mortgage-backed securities and they were just keeping in mind
[07:56.920 --> 08:01.080]  that National City had been around for 100 plus years.
[08:01.080 --> 08:03.240]  Yeah.
[08:03.240 --> 08:09.640]  When the Banking Modernization Act was passed, that is the Graham Leach Bliley Act, it changed
[08:09.640 --> 08:18.120]  the landscape of banking and to the detriment of many of the smaller and weaker banks, but
[08:18.120 --> 08:26.160]  what it did was it allowed the bigger banks an opportunity to soak up these smaller banks
[08:26.160 --> 08:31.200]  and merge with them and marry with them and go to bed with them and become more powerful
[08:31.200 --> 08:37.240]  and become the institutions that they have become today, such as, for another example,
[08:37.240 --> 08:39.120]  Bank of America.
[08:39.120 --> 08:44.720]  Bank of America was pretty strong to begin with, but it became even stronger with the
[08:44.720 --> 08:48.280]  exception of TARP money.
[08:48.280 --> 08:55.640]  Unfortunately for B of A, the federal government said, well, if you want the TARP money, you're
[08:55.640 --> 09:03.000]  going to have to absorb the alleged assets of Countrywide and of Lehman Brothers.
[09:03.000 --> 09:08.840]  They didn't want to, but, okay, if that's the deal, we'll take all those toxic assets
[09:08.840 --> 09:10.720]  and that's exactly what they did.
[09:10.720 --> 09:20.920]  They picked up a bunch of toxic assets, but that's no different from any other bank merger.
[09:20.920 --> 09:21.920]  Let me put it this way.
[09:21.920 --> 09:28.200]  If that's any merger with any company, they're going to have gains and losses both ways.
[09:28.200 --> 09:33.000]  You got to ask, are they assets or are they liabilities?
[09:33.000 --> 09:37.540]  They're not assuming the assets because the companies have no assets.
[09:37.540 --> 09:43.760]  What they're calling assets are toxic mortgages, unenforceable mortgages, mortgages that not
[09:43.760 --> 09:51.080]  even the investors can legitimately make money on.
[09:51.080 --> 09:54.400]  Everybody's been screwed downstream from the banks.
[09:54.400 --> 09:55.400]  Absolutely.
[09:55.400 --> 09:58.080]  I agree with that 100%.
[09:58.080 --> 10:01.720]  I'm in the process of trying to prove that as well, just like you are.
[10:01.720 --> 10:04.920]  And tell Randy, Randy, I'm having a beer for you tonight.
[10:04.920 --> 10:07.280]  I heard you were on the beer floor.
[10:07.280 --> 10:08.280]  Yeah.
[10:08.280 --> 10:09.280]  That hurts.
[10:09.280 --> 10:10.280]  That really hurts.
[10:10.280 --> 10:11.280]  Sorry.
[10:11.280 --> 10:13.960]  I didn't mean to hurt you, my friend.
[10:13.960 --> 10:19.280]  I also have been paying quite a bit of attention to a lady named Valerie Lopez.
[10:19.280 --> 10:20.280]  Yes.
[10:20.280 --> 10:22.280]  You all, you've heard of her.
[10:22.280 --> 10:23.280]  Okay.
[10:23.280 --> 10:24.280]  I know Valerie.
[10:24.280 --> 10:25.280]  Oh, okay.
[10:25.280 --> 10:31.840]  Well, in one of her videos that I watched, in one of her interviews, she was saying that
[10:31.840 --> 10:38.240]  the complete package is the paper note signed by the homeowner, the monthly payment stream,
[10:38.240 --> 10:44.240]  the deed of trust, and the assignment of the deed of trust.
[10:44.240 --> 10:52.080]  And the payment, let's see, basically MERS has been, the payment stream has been stripped
[10:52.080 --> 10:57.920]  by MERS, which is a violation of- Oh, no, wait a minute.
[10:57.920 --> 11:02.840]  The payment stream was stripped at the very beginning.
[11:02.840 --> 11:07.320]  Let me go through this and see if I can put this into English.
[11:07.320 --> 11:11.240]  When you went to closing, you signed a bunch of papers.
[11:11.240 --> 11:15.760]  One of those papers was titled note.
[11:15.760 --> 11:24.280]  On that note, there is, keep in mind, you've got the tangible paper, tangible being something
[11:24.280 --> 11:29.880]  you can touch, and the intangible promise to pay.
[11:29.880 --> 11:34.600]  Now, let's say you have two pairs of glasses.
[11:34.600 --> 11:41.520]  You've got your normal everyday Joe glasses and you've got your legal glasses.
[11:41.520 --> 11:47.600]  When you signed that, I don't care what pair of glasses you were wearing, that paragraph
[11:47.600 --> 11:54.280]  was clearly visible through either pair, that I promised to pay X amount over a certain
[11:54.280 --> 11:56.000]  amount of time.
[11:56.000 --> 12:01.040]  Now, what happened to those documents once they were signed?
[12:01.040 --> 12:08.720]  You gave those documents up and they were being held for ransom for 30 years, a minimum,
[12:08.720 --> 12:13.040]  or maximum rather, of 30 years.
[12:13.040 --> 12:17.280]  During that 30 years, your promise was to pay X amount.
[12:17.280 --> 12:23.960]  Now, when they disappeared from your view, somebody took that note and they put it through
[12:23.960 --> 12:31.960]  a Xerox machine and they created something called a transferable record.
[12:31.960 --> 12:41.080]  They then sold that transferable record into a securities trust.
[12:41.080 --> 12:49.600]  In other words, they tore that I promised to pay off of the document that you signed.
[12:49.600 --> 12:56.040]  Now that document no longer has its revenue stream, it no longer has its value, the promise
[12:56.040 --> 13:04.560]  is gone and it was attached to this transferable record, this digital thing, not even a piece
[13:04.560 --> 13:06.760]  of paper anymore.
[13:06.760 --> 13:12.520]  But since they sold it, now they have a problem.
[13:12.520 --> 13:19.320]  They can no longer enforce the original instrument, even though with your people glasses on, you
[13:19.320 --> 13:24.640]  can still see I promised to pay, but when you put your legal glasses on, that entire
[13:24.640 --> 13:28.320]  paragraph disappears.
[13:28.320 --> 13:34.480]  There's no longer a promise because that promise has been torn out of the original instrument,
[13:34.480 --> 13:45.960]  rendering it useless and attached to an instrument that you never signed, rendering it useless.
[13:45.960 --> 13:50.080]  Now that makes the most sense to me out of anybody I've heard talk about this.
[13:50.080 --> 13:56.920]  I've been wondering and wondering and questioning how, you know, when they sell the note because
[13:56.920 --> 14:01.600]  they say that when you go to the closing, they have the right to sell the note back
[14:01.600 --> 14:07.000]  and forth, but what they've done separated the note from the loan.
[14:07.000 --> 14:11.800]  If you want to argue bifurcation, I would not go to Carpenter v. Longin, I would go
[14:11.800 --> 14:19.560]  to the bifurcation of the intangible revenue stream from the original instrument.
[14:19.560 --> 14:28.240]  At that moment, it became unenforceable because there's no promise on it anymore.
[14:28.240 --> 14:34.320]  But then the document, this digital document called the transferable record, you never
[14:34.320 --> 14:39.520]  signed it even though it's a scanned copy.
[14:39.520 --> 14:41.120]  Is that your signature?
[14:41.120 --> 14:44.720]  No, that's not in blue ink.
[14:44.720 --> 14:48.680]  You didn't leave an impression on that digital image.
[14:48.680 --> 14:50.840]  Your hand never touched a digital image.
[14:50.840 --> 14:52.480]  That's physically impossible.
[14:52.480 --> 15:00.400]  Well, there's a slight bit of a problem here in Colorado is that the courts allow digital
[15:00.400 --> 15:02.920]  copies and photocopies.
[15:02.920 --> 15:05.920]  Sure they do.
[15:05.920 --> 15:06.920]  Sure they do.
[15:06.920 --> 15:10.000]  But is that your signature?
[15:10.000 --> 15:12.400]  No, it's not.
[15:12.400 --> 15:14.200]  There you go.
[15:14.200 --> 15:17.440]  Stick to your guns.
[15:17.440 --> 15:19.160]  That's not my signature.
[15:19.160 --> 15:25.400]  That's right, it's a copy of my signature.
[15:25.400 --> 15:29.920]  How do you know that?
[15:29.920 --> 15:30.920]  You got me.
[15:30.920 --> 15:31.920]  I don't know that.
[15:31.920 --> 15:36.400]  You don't know that.
[15:36.400 --> 15:39.000]  You don't know that.
[15:39.000 --> 15:41.640]  And let me give you another heads up.
[15:41.640 --> 15:46.080]  Don't repeat in court what you just repeated on what you just said on there.
[15:46.080 --> 15:50.440]  Why would you want to win your opponent's fight for him?
[15:50.440 --> 15:52.840]  Let them come up with the questions.
[15:52.840 --> 15:55.000]  Let them fight uphill.
[15:55.000 --> 15:58.960]  Here's what you say is, I never seen that document before.
[15:58.960 --> 16:03.680]  I didn't sign that document and you never seen that document before.
[16:03.680 --> 16:06.660]  They just made that thing.
[16:06.660 --> 16:12.960]  It may or may not be an accurate copy of a document you at one time signed, but you don't
[16:12.960 --> 16:15.440]  know that.
[16:15.440 --> 16:20.360]  You just know that it's a piece of paper that purports to have a signature on it that looks
[16:20.360 --> 16:23.640]  like yours, but you never seen that page before.
[16:23.640 --> 16:24.760]  You never touched it.
[16:24.760 --> 16:27.360]  You certainly didn't sign it.
[16:27.360 --> 16:30.160]  That's where you go and never back up from it.
[16:30.160 --> 16:31.440]  And you've never seen that before.
[16:31.440 --> 16:34.120]  So you're telling the truth.
[16:34.120 --> 16:35.120]  Yep.
[16:35.120 --> 16:38.880]  Telling the absolute factual truth.
[16:38.880 --> 16:44.800]  Now Troyer going to pause you right here for another break and folks, 512-646-1984 is a
[16:44.800 --> 16:50.600]  number that you can dial to get in behind, I see Marcus in Virginia's called back in.
[16:50.600 --> 16:56.520]  Marcus will get to you after Troy, but 512-646-1984 will get you in behind these guys, folks we
[16:56.520 --> 16:57.800]  got all night.
[16:57.800 --> 16:58.800]  Call in.
[16:58.800 --> 16:59.800]  We'll be right back.
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[18:49.920 --> 18:58.920]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:58.920 --> 18:59.920]  collectors now.
[18:59.920 --> 19:12.800]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:12.800 --> 19:18.720]  Well don't let nothing get to you, only the father can deliver you, don't let bad mind
[19:18.720 --> 19:37.720]  people hurt you, and just sit and get behind, you know what I mean, my friend, Nala Jachidi.
[19:37.720 --> 20:00.360]  Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, and I did want to tell you
[20:00.360 --> 20:07.840]  about the fundraiser, and I have been making some more of my soap.
[20:07.840 --> 20:10.480]  I was going to say, get up on your soapbox, Randy.
[20:10.480 --> 20:12.960]  Get right up on my soapbox.
[20:12.960 --> 20:19.880]  And I used to be in the industrial cleaning business, and I formulated soaps for years,
[20:19.880 --> 20:27.000]  and a number of years ago, I developed a formula kind of by accident.
[20:27.000 --> 20:32.520]  I ran out of product, and I just had the best builder money can buy, and this other product
[20:32.520 --> 20:39.360]  that I was experimenting with for Sudsy Bubbly, mixed them together, and it gave me absolutely
[20:39.360 --> 20:42.560]  the best product I ever used.
[20:42.560 --> 20:52.520]  I designed it for industrial cleaning applications, but it has no caustics in it, no harsh cutters
[20:52.520 --> 20:54.000]  in it.
[20:54.000 --> 20:58.640]  You can get it in your eye pure, and it won't burn your eye.
[20:58.640 --> 21:03.520]  Kind of irritates it a little because it dries it out, but it will not burn your eye at all.
[21:03.520 --> 21:09.120]  If you have any kind of soap that if you get it in your eye, it burns your eye, you do
[21:09.120 --> 21:12.320]  not want that on your skin.
[21:12.320 --> 21:16.600]  Your eye has nerve endings close to the surface.
[21:16.600 --> 21:17.600]  Your skin doesn't.
[21:17.600 --> 21:21.160]  If your skin had nerve endings close to the surface, you wouldn't be able to live on the
[21:21.160 --> 21:22.160]  planet.
[21:22.160 --> 21:25.240]  Yeah, everything would hurt.
[21:25.240 --> 21:29.120]  If something burns your eyes, if you put it on your skin, it'll burn your skin, you just
[21:29.120 --> 21:31.120]  can't feel it.
[21:31.120 --> 21:35.760]  That's why they use all these exfoliants or stuff to get all that dead skin off.
[21:35.760 --> 21:39.620]  Use a soap that doesn't burn your eye, and it won't burn your skin.
[21:39.620 --> 21:45.080]  It won't dissolve the oils out of your living tissue.
[21:45.080 --> 21:47.920]  That's what the standard soap does.
[21:47.920 --> 21:52.600]  We talk about natural soaps, well, my mother used to make natural soap.
[21:52.600 --> 21:56.880]  She'd take ashes and throw them in a kettle and throw water in there and boil it down
[21:56.880 --> 22:00.680]  and dip out the clinkers and keep throwing more ashes in and boiling it down until it
[22:00.680 --> 22:03.480]  got just a little bit fiscous.
[22:03.480 --> 22:05.040]  It's called lye.
[22:05.040 --> 22:07.220]  It's called caustic potash.
[22:07.220 --> 22:12.680]  You stick your finger in that thing, your fingernail bounce off the bottom of that kettle
[22:12.680 --> 22:13.680]  right now.
[22:13.680 --> 22:18.960]  Then she'd go get hog fat from the hog kiln and pour the hog fat in there and make lye
[22:18.960 --> 22:19.960]  soap.
[22:19.960 --> 22:25.920]  Lye soap is all natural, but I wouldn't want it on my skin because it's got too much caustic
[22:25.920 --> 22:26.920]  in it.
[22:26.920 --> 22:34.680]  Well, this soap has no caustics, and it will leave your skin silky smooth and shiny.
[22:34.680 --> 22:45.640]  If you, anybody who donates $25, even if you buy Eddie's Trafficking Bars, I'll throw in
[22:45.640 --> 22:48.600]  a bar of soap for over 25 bucks.
[22:48.600 --> 22:52.960]  These are big bars of soap, and they're all soap.
[22:52.960 --> 22:56.960]  There's no filler, there's no perfumes, there's no color.
[22:56.960 --> 23:02.680]  The only additive I have in it is colloidal silver.
[23:02.680 --> 23:10.960]  It'll act as a disinfectant, but this stuff, you set it up on the shelf and just get it
[23:10.960 --> 23:12.920]  slightly wet and just touch it with your hand.
[23:12.920 --> 23:13.920]  There's enough soap.
[23:13.920 --> 23:21.040]  I've run my hand across it enough to shampoo my hair with, and I'd like a bunch of people
[23:21.040 --> 23:26.640]  to give it a try and give me some feedback on it.
[23:26.640 --> 23:34.960]  If you donate $25 to the show or you buy Eddie's Seminar, I'll send you some of this soap,
[23:34.960 --> 23:36.920]  all in one condition.
[23:36.920 --> 23:37.920]  I want feedback.
[23:37.920 --> 23:44.960]  Tell me how it works for you, tell me, give me any suggestions for adjusting it.
[23:44.960 --> 23:49.000]  We're looking at starting to put together soap just to help kind of support the network.
[23:49.000 --> 23:54.000]  Okay, I won't take up any more time with that.
[23:54.000 --> 23:57.000]  So back to Troy.
[23:57.000 --> 23:58.000]  You broke up.
[23:58.000 --> 23:59.360]  Did you say back to Troy?
[23:59.360 --> 24:00.360]  Yes.
[24:00.360 --> 24:01.360]  Okay.
[24:01.360 --> 24:02.360]  Troy, PNC.
[24:02.360 --> 24:03.360]  Yes, sir.
[24:03.360 --> 24:13.400]  I was getting ready to say the reason that I started listening to you guys is you make
[24:13.400 --> 24:18.680]  a lot of sense, and I've looked up some of the laws that you guys have quoted on your
[24:18.680 --> 24:27.920]  show here, and it just baffles me that these attorneys just don't want to pursue that angle.
[24:27.920 --> 24:32.320]  Then I found out after talking to quite a few of them is that they represent these companies
[24:32.320 --> 24:35.960]  that are trying to foreclose.
[24:35.960 --> 24:41.600]  So I think about the only way that you can really attack this is pro se, and that's why
[24:41.600 --> 24:45.080]  I've been calling in and asking you guys questions and stuff like that, and you gave me some
[24:45.080 --> 24:50.920]  great, great advice tonight about the document.
[24:50.920 --> 24:52.360]  I've never even seen that.
[24:52.360 --> 24:56.360]  It's not even a digital copy of my signature.
[24:56.360 --> 24:57.840]  Wait a minute.
[24:57.840 --> 25:01.360]  That's something I kind of wanted to talk about a little bit.
[25:01.360 --> 25:02.360]  Okay.
[25:02.360 --> 25:11.720]  It's sometimes very difficult for us to get outside the box, and what I mean by that is
[25:11.720 --> 25:19.040]  it's very difficult for us to recognize our presuppositions.
[25:19.040 --> 25:26.880]  What do we know as opposed to what do we think we know?
[25:26.880 --> 25:32.560]  In law, you need to struggle with that all the time.
[25:32.560 --> 25:39.800]  Everything, we think about this, they hand us this document and you see it, and it looks
[25:39.800 --> 25:46.160]  familiar, and you assume that you know what that is.
[25:46.160 --> 25:52.880]  Be very careful about what you assume, about what you accept without thinking about it,
[25:52.880 --> 26:03.340]  because it goes to the legal adages, never stipulate to anything.
[26:03.340 --> 26:11.560]  If I come and I make a proactive statement of any kind, you do not have to defend.
[26:11.560 --> 26:19.420]  I watched a guy in court one time, he's on the stand and the lawyers was grilling him.
[26:19.420 --> 26:24.800]  Every time the lawyer asked him a question, he would wait about 30 seconds, and finally
[26:24.800 --> 26:31.880]  the attorney, he was throwing the attorney's rhythm off, and finally the attorney objected
[26:31.880 --> 26:35.240]  and the judge asked him, sir, is there a problem?
[26:35.240 --> 26:45.080]  No, your honor, I was just trying to be very careful before I spoke, and it looked like
[26:45.080 --> 26:54.940]  he hit that lawyer with a hammer, and I was thoroughly impressed.
[26:54.940 --> 26:58.500]  That is extremely hard to do.
[26:58.500 --> 27:03.400]  If they ask you a question and you think you know the answer, the answer is going to be
[27:03.400 --> 27:08.720]  coming out of your mouth before your mind clicks in gear.
[27:08.720 --> 27:16.760]  Practice, examine, question, everything.
[27:16.760 --> 27:21.640]  This is where I'm stuck at right now, where I'm thinking I'm about six months away from
[27:21.640 --> 27:25.240]  filing a lawsuit with PNC.
[27:25.240 --> 27:29.040]  I want to make sure that I have everything in line, all the paperwork in line, and I
[27:29.040 --> 27:33.680]  want to make sure that I know how to represent this in court.
[27:33.680 --> 27:35.320]  Okay, hold on, hold on.
[27:35.320 --> 27:36.320]  Who is PNC?
[27:36.320 --> 27:45.000]  Now, I know the company, but who is PNC relative to your current situation?
[27:45.000 --> 27:51.480]  Basically, that's who I pay my mortgage to every month.
[27:51.480 --> 27:54.240]  Is PNC the original lender?
[27:54.240 --> 27:55.240]  No.
[27:55.240 --> 27:57.440]  National City mortgage was on...
[27:57.440 --> 28:01.720]  Back to my question, who is PNC?
[28:01.720 --> 28:04.560]  I don't know, Randy.
[28:04.560 --> 28:06.800]  That's what you need to find out.
[28:06.800 --> 28:15.360]  Now, you're assuming that PNC is either the holder or the servicer, but you really don't
[28:15.360 --> 28:24.200]  know who PNC is, and frankly, it's not your duty to make the determination.
[28:24.200 --> 28:26.080]  You just need to challenge them.
[28:26.080 --> 28:29.640]  Have you sent a debt validation letter to them?
[28:29.640 --> 28:36.400]  No, I have not, but they have told me that they are just the servicer for that, and then
[28:36.400 --> 28:37.400]  when I got...
[28:37.400 --> 28:39.360]  Okay, hold on.
[28:39.360 --> 28:47.880]  If a lawyer or a debt collector's lips are moving, he's lying.
[28:47.880 --> 29:02.040]  You need a complete uninterrupted chain of title from the original lender to this entity.
[29:02.040 --> 29:04.760]  That's exactly what I'm working on getting right now.
[29:04.760 --> 29:06.880]  Okay, good.
[29:06.880 --> 29:10.360]  I'm being pedantic on purpose.
[29:10.360 --> 29:14.600]  I appreciate that very much because it helps me think more.
[29:14.600 --> 29:20.760]  I'm going to question everything that I think I know.
[29:20.760 --> 29:23.840]  When I do this, it's hard.
[29:23.840 --> 29:27.560]  It's easier for somebody else to do it, but it's really hard for you to question everything
[29:27.560 --> 29:33.440]  you think you know and separate what you think you know or what you think might be the case
[29:33.440 --> 29:36.120]  from what you actually know is the case.
[29:36.120 --> 29:37.120]  Absolutely.
[29:37.120 --> 29:44.880]  It sounds like you guys are getting ready to go to break and you got some other callers,
[29:44.880 --> 29:45.880]  so I'll let you get to those, gentlemen.
[29:45.880 --> 29:46.880]  Well, stay there, Troy.
[29:46.880 --> 29:49.480]  I wanted to cover something on the other side.
[29:49.480 --> 29:53.480]  512-646-1984 will put you in line.
[29:53.480 --> 29:54.480]  Call it.
[29:54.480 --> 29:55.480]  We'll be right back.
[29:55.480 --> 29:56.480]  Stay tuned.
[29:56.480 --> 30:04.760]  It seems like everywhere you turn nowadays, someone wants your name, social security number
[30:04.760 --> 30:05.760]  and date of birth.
[30:05.760 --> 30:08.440]  But you should think twice before giving away your personal data.
[30:08.440 --> 30:12.520]  I'm Dr. Catherine Albrecht, and I'll say more in just a moment.
[30:12.520 --> 30:17.120]  Google is watching you, recording everything you've ever searched for and creating a massive
[30:17.120 --> 30:19.400]  database of your personal information.
[30:19.400 --> 30:20.680]  That's creepy.
[30:20.680 --> 30:22.800]  But it doesn't have to be that way.
[30:22.800 --> 30:26.360]  Startpage.com is the world's most private search engine.
[30:26.360 --> 30:30.440]  Startpage.com doesn't store your IP address, make a record of your searches or use tracking
[30:30.440 --> 30:32.720]  cookies and they're third-party certified.
[30:32.720 --> 30:37.200]  If you don't like big brother spying on you, start over with Startpage.
[30:37.200 --> 30:40.040]  Great search results and total privacy.
[30:40.040 --> 30:42.760]  Startpage.com, the world's most private search engine.
[30:42.760 --> 30:44.480]  Forms, forms, forms.
[30:44.480 --> 30:45.480]  They're everywhere.
[30:45.480 --> 30:49.120]  But just because a piece of paper asks for information doesn't mean you have to give
[30:49.120 --> 30:50.120]  it.
[30:50.120 --> 30:54.760]  I leave blank spaces on forms all the time or I write N slash A for not applicable and
[30:54.760 --> 30:56.840]  usually nobody notices or cares.
[30:56.840 --> 31:01.400]  I never give my social security number or date of birth unless it's absolutely mandatory
[31:01.400 --> 31:05.720]  for employment or a government requirement and I won't give my phone number to a company
[31:05.720 --> 31:09.880]  or an organization unless I actually want them to call me and that's pretty rare.
[31:09.880 --> 31:15.000]  To preserve our vanishing privacy, we need to practice saying no to random data requests.
[31:15.000 --> 31:16.640]  It's like exercising a muscle.
[31:16.640 --> 31:18.440]  It gets easier the more you do it.
[31:18.440 --> 31:20.200]  I'm Dr. Catherine Albrecht.
[31:20.200 --> 31:32.480]  For more news and information at CatherineAlbrecht.com.
[31:32.480 --> 31:36.640]  We want to thank all our listeners who contributed to making the Logos Radio Network Fundraiser
[31:36.640 --> 31:38.000]  a success this year.
[31:38.000 --> 31:40.040]  Your support got us close to reaching our goal.
[31:40.040 --> 31:44.440]  Toward the end of January, we received many requests from listeners to extend the deadline
[31:44.440 --> 31:47.920]  to enter into the drawing for the GOT 42 and the CHL classes.
[31:47.920 --> 31:51.760]  As a result, we are extending the deadline until February 15th.
[31:51.760 --> 31:54.520]  Every $25 donation gets you a chance to win.
[31:54.520 --> 31:55.840]  Help us reach our goal.
[31:55.840 --> 31:58.520]  No donation is too small and everything is appreciated.
[31:58.520 --> 32:03.360]  Please go to LogosRadioNetwork.com for details.
[32:03.360 --> 32:06.160]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:06.160 --> 32:09.760]  In today's America, we live in an us against them society and if we the people are ever
[32:09.760 --> 32:14.120]  going to have a free society, then we're going to have to stand and defend our own rights.
[32:14.120 --> 32:17.160]  Among those rights are the right to travel freely from place to place, the right to act
[32:17.160 --> 32:20.880]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.880 --> 32:25.040]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:25.040 --> 32:26.400]  our rights through due process.
[32:26.400 --> 32:30.400]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[32:30.400 --> 32:34.160]  most comprehensive teaching tool available that will help you understand what due process
[32:34.160 --> 32:36.560]  is and how to hold the courts to the rule of law.
[32:36.560 --> 32:40.600]  You can get your own copy of this invaluable material by going to RuleOfLawRadio.com and
[32:40.600 --> 32:41.880]  ordering your copy today.
[32:41.880 --> 32:45.160]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:45.160 --> 32:49.680]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:49.680 --> 32:51.560]  documents and other useful resource material.
[32:51.560 --> 32:55.960]  Learn how to fight for your rights with the help of this material from RuleOfLawRadio.com.
[32:55.960 --> 33:03.560]  Order your copy today and together we can have the free society we all want and deserve.
[33:03.560 --> 33:17.080]  Live Free Speech Radio, LogosRadioNetwork.com.
[33:17.080 --> 33:38.120]  Welcome back to Rule of Law Radio, folks.
[33:38.120 --> 33:40.800]  You're listening to the Friday Night Marathon.
[33:40.800 --> 33:47.040]  We've got about two and a half hours left in the show and Troy, I was asking you to
[33:47.040 --> 33:54.560]  stay there because there's, we're talking about a chain of title analysis.
[33:54.560 --> 34:00.960]  The first place to go to get that or to establish what you can would be the public record.
[34:00.960 --> 34:03.080]  Have you been to your county reporter's office?
[34:03.080 --> 34:08.800]  Yes, sir, I have and the only thing listed on there is MERS.
[34:08.800 --> 34:09.800]  Fantastic.
[34:09.800 --> 34:19.360]  Okay, so now there's, I know there's probably not a whole lot of, a whole lot in the record
[34:19.360 --> 34:25.680]  in regard to how it went from National City Mortgage Company to National City Mortgage
[34:25.680 --> 34:32.800]  Incorporated to National City Real Estate Services to PNC.
[34:32.800 --> 34:33.800]  So
[34:33.800 --> 34:37.320]  Not even recorded at all, it's just recorded as MERS, PNC.
[34:37.320 --> 34:46.240]  Okay, what you understand about those names, even if the one company became the other company,
[34:46.240 --> 34:49.280]  the one company is not the other company.
[34:49.280 --> 34:50.280]  Correct.
[34:50.280 --> 34:58.000]  So a transfer of the security instrument would have to be filed.
[34:58.000 --> 35:03.280]  So since there's nothing in there to establish a chain of title, now you've got a lot of
[35:03.280 --> 35:07.920]  questions that you can't answer because you got missing information.
[35:07.920 --> 35:16.080]  Now you need somebody with a license to go into the secondary securities markets.
[35:16.080 --> 35:20.600]  Let me ask you, was this an FHA?
[35:20.600 --> 35:21.600]  Yes.
[35:21.600 --> 35:22.600]  Okay.
[35:22.600 --> 35:26.960]  It was listed with, it was listed with JMA.
[35:26.960 --> 35:27.960]  Okay.
[35:27.960 --> 35:32.560]  Okay, let me make a comment about an FHA loan.
[35:32.560 --> 35:41.680]  In a Fannie Mae Freddie Mac uniform instrument, Covenant 20 authorizes the lender to sell
[35:41.680 --> 35:46.880]  a portion of the note or the entire note together with the security instrument.
[35:46.880 --> 35:51.000]  Which is a legal impossibility, but anyway.
[35:51.000 --> 35:56.960]  If it's an FHA loan, that paragraph's not in there at all.
[35:56.960 --> 36:04.240]  There is no authorization by the contract and it must be construed that since the uniform
[36:04.240 --> 36:11.440]  instrument has it in there and this one doesn't, it was taken out on purpose.
[36:11.440 --> 36:14.120]  Yep.
[36:14.120 --> 36:22.800]  But that also means that since it was an FHA loan, FHA has a deal with Jenny Mae.
[36:22.800 --> 36:29.200]  So you will not find your mortgage backed security anywhere in the SEC because Jenny
[36:29.200 --> 36:31.520]  Mae has it.
[36:31.520 --> 36:41.560]  Now okay, from that point, you need somebody who you can bring to court with you.
[36:41.560 --> 36:45.860]  Somebody who has a license and is bonded.
[36:45.860 --> 36:53.200]  Somebody who has the knowledge, the training and the ability to create something called
[36:53.200 --> 36:54.680]  competent evidence.
[36:54.680 --> 36:59.080]  Let me go over competent evidence.
[36:59.080 --> 37:04.360]  When I was working for one of the PI companies that I worked for, I got a call, actually
[37:04.360 --> 37:11.840]  I made a call to an attorney, a law firm and spoke with an attorney in California.
[37:11.840 --> 37:17.480]  And I was going over my dissertation on competent evidence and he said, you know, it's funny
[37:17.480 --> 37:19.560]  you say that.
[37:19.560 --> 37:21.880]  This was confirmation for me.
[37:21.880 --> 37:25.800]  He said, it's funny you say that because a few weeks prior to our conversation, he went
[37:25.800 --> 37:33.640]  into court and he went to some fly by, his client had gone to some fly by night outfit
[37:33.640 --> 37:44.640]  that they found on the internet and they got what was called a chain of title investigation
[37:44.640 --> 37:46.880]  or something.
[37:46.880 --> 37:56.120]  But the attorney for the bank objected to the evidence and he objected to the evidence
[37:56.120 --> 38:03.120]  because like 41 other states in this union, California has an occupations code that requires
[38:03.120 --> 38:07.360]  a license for a private investigation.
[38:07.360 --> 38:15.280]  And in all of these 42 states statutes, I have looked at them all.
[38:15.280 --> 38:27.560]  In all of these 42 states, a private investigation is to kind of round out the language to, what's
[38:27.560 --> 38:33.880]  the word I'm looking for, I can't quote 42 states, but the gist of what they're saying
[38:33.880 --> 38:42.240]  is that if you're a third party and you're looking into the affairs of someone else and
[38:42.240 --> 38:50.760]  that you draft some type of report as to your findings and that report is entered into a
[38:50.760 --> 39:03.480]  court of law, you had better have a license because you have just performed an investigation.
[39:03.480 --> 39:09.520]  42 states require a license and bond for private investigators.
[39:09.520 --> 39:18.000]  So this attorney objected because of the failure to comply with the California occupation code
[39:18.000 --> 39:20.680]  statutes.
[39:20.680 --> 39:28.160]  His objection was sustained, then he moved to dismiss for lack of evidence, guess who
[39:28.160 --> 39:29.160]  lost their case?
[39:29.160 --> 39:30.160]  That's pretty obvious.
[39:30.160 --> 39:36.760]  So you have the same thing here in Colorado, they have to be licensed and bonded here also?
[39:36.760 --> 39:37.760]  Yes they do.
[39:37.760 --> 39:43.880]  Now, they don't necessarily, your investigator doesn't necessarily have to reside or be
[39:43.880 --> 39:47.800]  located in Colorado.
[39:47.800 --> 39:54.880]  The investigation can be conducted anywhere on the planet so long as the investigator
[39:54.880 --> 40:00.640]  complies with the Colorado statutes and there's only one company that I'm aware of and I used
[40:00.640 --> 40:09.880]  to work for them who can provide that type of evidence, that competent evidence and that's
[40:09.880 --> 40:15.960]  mortgage compliance investigators, plural.
[40:15.960 --> 40:24.040]  You can find them online or you can call them at 888-491-3741, speak with these people and
[40:24.040 --> 40:26.480]  do business with them.
[40:26.480 --> 40:39.160]  Their lead investigator, Joe Esquivel, I spoke to Joe last week, he was in Florida testifying.
[40:39.160 --> 40:41.240]  Why was he in Florida testifying?
[40:41.240 --> 40:47.000]  Because he has a license and he's bonded and he knows what he's doing, he can appear as
[40:47.000 --> 40:49.880]  an expert witness.
[40:49.880 --> 40:54.440]  That is vital to your case.
[40:54.440 --> 40:58.480]  Can I have that number one more time?
[40:58.480 --> 41:04.800]  888-491-3741.
[41:04.800 --> 41:13.800]  You can find them online at mortgagecomplianceinvestigators.com, put three Ws in front, I don't think you
[41:13.800 --> 41:17.800]  even got to put the three Ws in front of it these days.
[41:17.800 --> 41:26.740]  Computers aren't as lazy as we were but yeah, 888-491-3741 will put you in touch with them,
[41:26.740 --> 41:28.120]  do business with these guys.
[41:28.120 --> 41:33.200]  They know what they're doing, they can appear in court and man, I'll tell you what, they
[41:33.200 --> 41:37.960]  will rip PNC a new one.
[41:37.960 --> 41:38.960]  Fantastic.
[41:38.960 --> 41:44.680]  Can I just, one second here, I just want to tell you guys thank you very much for your
[41:44.680 --> 41:51.240]  show and I appreciate everything that you're doing for the people of this country.
[41:51.240 --> 41:55.160]  And also, I, I'm just like...
[41:55.160 --> 41:57.280]  Thank you, thank you by the way.
[41:57.280 --> 42:01.200]  It's really nice to have some recognition now and then.
[42:01.200 --> 42:02.200]  Thank you.
[42:02.200 --> 42:03.200]  Thank you, man.
[42:03.200 --> 42:07.400]  I've been a mechanic, an auto mechanic for over 35 years, you know, and I'm just a hard
[42:07.400 --> 42:08.400] ...
[42:08.400 --> 42:11.680]  I was in the paint and body industry for 30 years, brother.
[42:11.680 --> 42:12.680]  We're kin.
[42:12.680 --> 42:20.880]  Yeah, and my knuckles still crunch when I close them.
[42:20.880 --> 42:21.880]  Mine still hurt too.
[42:21.880 --> 42:27.560]  But anyhow, I am going to go ahead and buy your Judas Dictionary program that you guys
[42:27.560 --> 42:33.000]  have on Rule of Law Radio to be up on that and help me out and keep listening to you,
[42:33.000 --> 42:34.000]  of course.
[42:34.000 --> 42:37.720]  And the Judas Dictionary is an indispensable tool.
[42:37.720 --> 42:42.680]  I learned a lot from Judas Dictionary.
[42:42.680 --> 42:47.640]  I believe that very wholeheartedly and Randy, I want to let you know I'm going to send you
[42:47.640 --> 42:48.640]  some beer money.
[42:48.640 --> 42:51.840]  I feel bad for hurting your feelings and drinking.
[42:51.840 --> 42:54.520]  Don't feel too sorry for him.
[42:54.520 --> 42:57.760]  He saved me half the bottle.
[42:57.760 --> 43:03.360]  Gentlemen, if you guys got other callers, go ahead and take care of them.
[43:03.360 --> 43:07.000]  I don't think I have anything further tonight.
[43:07.000 --> 43:10.000]  Well thank you for calling in, Troy.
[43:10.000 --> 43:11.840]  Thank you both very much for all your information.
[43:11.840 --> 43:16.240]  It is very, very overwhelming, but I'll whittle my way through it.
[43:16.240 --> 43:18.240]  Well, that's why this is archived.
[43:18.240 --> 43:23.880]  As soon as the archive hits, if there's something that you need to go over, by all means, go
[43:23.880 --> 43:25.840]  back and visit the archive.
[43:25.840 --> 43:30.880]  If you've got to listen to it four or five times before it soaks in, do that.
[43:30.880 --> 43:32.440]  And we've got years of archives.
[43:32.440 --> 43:33.440]  I'm kind of thick-headed.
[43:33.440 --> 43:37.600]  It might take 10 or 20 times to listen to it.
[43:37.600 --> 43:38.600]  That's okay.
[43:38.600 --> 43:41.120]  Get you a six-pack, sit down, and study, brother.
[43:41.120 --> 43:42.360]  Well thank you, Troy.
[43:42.360 --> 43:43.520]  I appreciate you calling in.
[43:43.520 --> 43:47.800]  When we come back from this break, we'll be going to Marcus in Virginia, who's called
[43:47.800 --> 43:49.480]  back and been patiently waiting.
[43:49.480 --> 43:54.560]  You can get in behind him by dialing 512-646-1984.
[43:54.560 --> 43:57.680]  You're listening to Steve Skidmore, Randy Kelton on Rule of Law Radio.
[43:57.680 --> 43:58.680]  We'll be right back.
[43:58.680 --> 43:59.680]  Thanks, Smith.
[43:59.680 --> 44:00.680]  Hello.
[44:00.680 --> 44:08.000]  My name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by
[44:08.000 --> 44:13.400]  our store at 1904 Guadalupe Street, C, D, here in Austin, Texas, hiring brave new books
[44:13.400 --> 44:16.880]  and chase things to see all our fantastic health and wellness products with your very
[44:16.880 --> 44:17.880]  own eyes.
[44:17.880 --> 44:22.720]  Have a look at our miracle healing clay that started our adventure in alternative medicine.
[44:22.720 --> 44:26.720]  Take a peek at some of our other wonderful products, including our Australian emu oil,
[44:26.720 --> 44:30.440]  lotion candles, olive oil soaps, and colloidal silver and gold.
[44:30.440 --> 44:37.640]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.640 --> 44:43.280]  That's 512-264-4043, naturespureorganics.com.
[44:43.280 --> 44:47.600]  Don't forget to like us on Facebook for information on events and our products.
[44:47.600 --> 44:48.600]  Naturespureorganics.com.
[45:47.600 --> 46:03.240]  And click on the banner or call toll-free 866-LAW-EZ.
[46:03.240 --> 46:28.240]  Oh, always, I must be careful what I'm wishing for.
[46:28.240 --> 46:52.240]  wishing for. When I'm hungry, I like to know just what I'm fishing for. I ain't asking for much, I ain't trying to be no-bloodin'. I'm just here making my living pushing buttons. I give my message out to anyone in short and distance.
[46:52.240 --> 47:03.240]  Welcome back to Rural Law Radio, folks. 512-646-1984 will get you in line behind Marcus in Virginia. Marcus, thank you for calling back in.
[47:03.240 --> 47:05.240]  Hey, can you hear me?
[47:05.240 --> 47:07.240]  Sure can.
[47:07.240 --> 47:14.240]  Alright. Okay, I guess I'll start over. You asked me to start from the beginning.
[47:14.240 --> 47:17.240]  From the beginning, yes sir. Take it from the top.
[47:17.240 --> 47:25.240]  Okay. I think my troubles really started when I decided that if I have to obey the law, maybe I ought to read it first.
[47:25.240 --> 47:26.240]  There you go.
[47:26.240 --> 47:29.240]  What is that?
[47:29.240 --> 47:31.240]  There's an idea.
[47:31.240 --> 47:43.240]  Yeah. Well, so I decided to read Title 46.2 of the Virginia Code from the very beginning. And I didn't get...
[47:43.240 --> 47:48.240]  What does Title 46 cover?
[47:48.240 --> 47:55.240]  46.2, that's the vehicle code of Virginia, okay?
[47:55.240 --> 47:59.240]  Okay, go ahead.
[47:59.240 --> 48:07.240]  Okay. Well, should I read it again? I tried reading it before, but it goes to the issue of the applicability of the whole title.
[48:07.240 --> 48:08.240]  Good.
[48:08.240 --> 48:13.240]  It applies to toll roads and parking facilities.
[48:13.240 --> 48:14.240]  Okay.
[48:14.240 --> 48:23.240]  It seems like the law enforcement here in Virginia just flat out ignores it. And I'm trying to get this issue before...
[48:23.240 --> 48:27.240]  I don't think that's isolated to Virginia.
[48:27.240 --> 48:34.240]  Well, yeah, so I have a defense attorney right now.
[48:34.240 --> 48:37.240]  Okay. Court appointed?
[48:37.240 --> 48:39.240]  To give... What's that?
[48:39.240 --> 48:42.240]  Is he court appointed?
[48:42.240 --> 48:43.240]  Yes, he is.
[48:43.240 --> 48:46.240]  Okay.
[48:46.240 --> 49:09.240]  Well, anyway, I mean, he's giving... I've directed him to assert my fifth and sixth amendment rights, to give me due process, to give me my...
[49:09.240 --> 49:17.240]  You know, I told him to give him judicial notice about this particular statute to the judge. He's called me. He's given me an excuse.
[49:17.240 --> 49:26.240]  Well, the judge doesn't have to recognize it, doesn't have to accept this note or something like that.
[49:26.240 --> 49:33.240]  Right. That's why they call it a request to take judicial notice. It's not a demand.
[49:33.240 --> 49:34.240]  Right.
[49:34.240 --> 49:37.240]  It's a written request.
[49:37.240 --> 49:42.240]  Yeah, I understand that. But that doesn't mean that he can't submit the notice anyway.
[49:42.240 --> 49:43.240]  Okay.
[49:43.240 --> 49:55.240]  Right. I mean, he should at least attempt it. So anyway, but the point is, I want to get this document before, this exculpatory evidence before a jury.
[49:55.240 --> 50:04.240]  And he's going to get in my way. Everything I bring up, he's trying to get in my way already. I can see that.
[50:04.240 --> 50:08.240]  Have you bargrieved him yet?
[50:08.240 --> 50:20.240]  Well, I'll do that. I'm going to do all that. But when do I got to do that? I mean, I have a right to due process. I have a right to jury trial. Do I not?
[50:20.240 --> 50:21.240]  Yes.
[50:21.240 --> 50:30.240]  How can these guys get... How can my own defense attorney get people getting in my way in that objective?
[50:30.240 --> 50:34.240]  Randy, how do you handle court-appointed counsel?
[50:34.240 --> 50:38.240]  You grieve them into oblivion.
[50:38.240 --> 50:53.240]  Well, what I'm thinking is they're just concealing the simple fact that, you know, according to this statute, they have no authority to apply the rest of the title against me.
[50:53.240 --> 50:54.240]  Okay.
[50:54.240 --> 50:56.240]  They want to conceal.
[50:56.240 --> 51:04.240]  Hold on, Marcus. The way that code reads, if it actually applies, then they don't have subject matter jurisdiction.
[51:04.240 --> 51:06.240]  Right.
[51:06.240 --> 51:22.240]  And that should get a plea to the jurisdiction. And your attorney, if he's court-appointed, first thing you do is you let him know you have all of these issues and he will properly adjudicate every one of them.
[51:22.240 --> 51:26.240]  For anyone he doesn't, you'll bar-grieve him.
[51:26.240 --> 51:33.240]  And the first thing he's going to do is run to the judge and ask the judge to remove him from the case.
[51:33.240 --> 51:38.240]  And then you go to the judge and tell the judge, don't you dare remove him from the case.
[51:38.240 --> 51:41.240]  He's my counsel of choice and he's under contract.
[51:41.240 --> 51:49.240]  When I told this to a lawyer that appointed for me in Austin, he said, well, Mr. Kelton, I'm not under contract with you. I'm under contract with the state.
[51:49.240 --> 51:57.240]  He said, yes, you are. And I'm the intended third-party beneficiary, so I have authority to enforce the contract.
[51:57.240 --> 52:07.240]  But when he has to be removed and you object, the judge is going to remove him, then you get to sue the judge for interfering in the private contract.
[52:07.240 --> 52:15.240]  That decision by the judge is not judicial. It's administrative and he has no immunity from that one.
[52:15.240 --> 52:17.240]  Okay.
[52:17.240 --> 52:25.240]  Then the judge will want to choke your lawyer for not controlling his client.
[52:25.240 --> 52:28.240]  It's all about the politics.
[52:28.240 --> 52:29.240]  All right.
[52:29.240 --> 52:31.240]  Okay, go ahead.
[52:31.240 --> 52:38.240]  Well, I was thinking that isn't it fraud to conceal a material fact?
[52:38.240 --> 52:43.240]  And that's what I see my own defense attorney doing.
[52:43.240 --> 52:45.240]  Grieve him for it.
[52:45.240 --> 52:49.240]  Well, I want to sue him for it. I'll grieve him for it and then I'll sue him for it.
[52:49.240 --> 52:55.240]  Yeah, grieve him first and let him know that you plan to sue him.
[52:55.240 --> 52:59.240]  He's going to want off the case immediately.
[52:59.240 --> 53:02.240]  And that's where you tell him you don't want him off the case.
[53:02.240 --> 53:12.240]  When I told my attorney that the judge would remove him from the case and when he did, I'd sue the judge, I thought my attorney was going to vomit.
[53:12.240 --> 53:19.240]  Oh, Mr. Cowden, you'll get me disbarred.
[53:19.240 --> 53:23.240]  Not my problem.
[53:23.240 --> 53:26.240]  That's my problem.
[53:26.240 --> 53:29.240]  That's his problem.
[53:29.240 --> 53:32.240]  This is the politics we talked about before.
[53:32.240 --> 53:39.240]  The judge, your lawyer and the prosecutor all have a relationship.
[53:39.240 --> 53:44.240]  So what you need to do is use that relationship.
[53:44.240 --> 53:48.240]  Now, they plan to use that relationship against you.
[53:48.240 --> 54:02.240]  But if you go after your own lawyer because he's trying to help out the judge and the prosecutor, now he's going to run to the judge and prosecutor and say, guys, you've got to help me out here.
[54:02.240 --> 54:05.240]  This guy's going to kick my behind.
[54:05.240 --> 54:13.240]  Use that same relationship to get you dismissal.
[54:13.240 --> 54:17.240]  Should I go ahead and let him know that I'm after him for fraud?
[54:17.240 --> 54:19.240]  No.
[54:19.240 --> 54:20.240]  Never.
[54:20.240 --> 54:23.240]  This is a rule in law.
[54:23.240 --> 54:27.240]  Never give fair warning.
[54:27.240 --> 54:33.240]  You try to give fair warning and they will interpret that as a threat.
[54:33.240 --> 54:36.240]  Just do it.
[54:36.240 --> 54:42.240]  Now, don't sue him and first you want to get him in a position to where he has to act in your favor.
[54:42.240 --> 54:46.240]  Use bar grievances to do that.
[54:46.240 --> 54:54.240]  Once you sue him, he can legitimately claim a conflict of interest.
[54:54.240 --> 54:55.240]  Just grieve him.
[54:55.240 --> 54:57.240]  That will double his malpractice insurance.
[54:57.240 --> 55:01.240]  If not, get it canceled.
[55:01.240 --> 55:05.240]  That will give him apoplexy.
[55:05.240 --> 55:09.240]  Bar grievance now, but I can sue him after it's all over.
[55:09.240 --> 55:10.240]  Exactly.
[55:10.240 --> 55:16.240]  And the bar grievances will help you establish grounds for the suit.
[55:16.240 --> 55:19.240]  Okay.
[55:19.240 --> 55:35.240]  Now, what the bar will say is that a violation of one of these standards does not create a grounds for suit.
[55:35.240 --> 55:37.240]  And that's true.
[55:37.240 --> 55:46.240]  The underlying harm that's caused by the action you complained of, that's what gives you grounds to sue.
[55:46.240 --> 55:51.240]  That's why you file the grievances and then you can say, these are the actions he committed.
[55:51.240 --> 55:54.240]  These are the actions I took to try to correct it.
[55:54.240 --> 56:00.240]  And the bar did not do their job and control the attorney.
[56:00.240 --> 56:03.240]  This is the bar's fault that the attorney has this problem.
[56:03.240 --> 56:09.240]  But you established by filings with the bar the problems that you're having.
[56:09.240 --> 56:10.240]  And it's a thing about lawyers.
[56:10.240 --> 56:15.240]  See, what they think is, is they enter into a contract with you.
[56:15.240 --> 56:18.240]  They get something of value changes hands.
[56:18.240 --> 56:21.240]  You give money to them.
[56:21.240 --> 56:29.240]  Then they're bound into a contract, but lawyers seem to think that anytime they want to, they can just walk away
[56:29.240 --> 56:38.240]  because generally in their contract, they have a clause that says that the money you give them is not refundable
[56:38.240 --> 56:41.240]  and they can withdraw at any time.
[56:41.240 --> 56:50.240]  Well, horse manure, that's unconscionable, so it's unenforceable.
[56:50.240 --> 56:53.240]  So let them have whatever they want to.
[56:53.240 --> 56:58.240]  What hurts the lawyer is not losing the malpractice suit.
[56:58.240 --> 57:02.240]  What hurts the lawyer is getting the malpractice suit filed.
[57:02.240 --> 57:04.240]  That does the damage.
[57:04.240 --> 57:08.240]  The bar grievances do the damage.
[57:08.240 --> 57:13.240]  So force him to abide by his contract.
[57:13.240 --> 57:16.240]  That's what nobody does to him.
[57:16.240 --> 57:22.240]  When he asks to withdraw, you file a grievance against him for that.
[57:22.240 --> 57:27.240]  So that he runs to the judge and says, hit me, hit me.
[57:27.240 --> 57:32.240]  Save me from the mean pro se.
[57:32.240 --> 57:34.240]  And he will.
[57:34.240 --> 57:42.240]  Well, that's what he gets for being a shill.
[57:42.240 --> 57:53.240]  Well, you know, these prosecutors, they get away with murder nearly.
[57:53.240 --> 57:58.240]  You know, I was reluctant to go to that, but they get away with a lot.
[57:58.240 --> 58:04.240]  And like I said earlier, this is not their judicial system, it's ours.
[58:04.240 --> 58:09.240]  It's up to us to clean house, and this is one way of doing it.
[58:09.240 --> 58:11.240]  I hear the music in the background.
[58:11.240 --> 58:14.240]  If you'll stay there, we'll come back to you on the other side of this break.
[58:14.240 --> 58:17.240]  And I see Jeff and Marilyn online as well.
[58:17.240 --> 58:22.240]  512-646-1984 is the number to dial, folks.
[58:22.240 --> 58:24.240]  And we're coming up to the top of the hour break.
[58:24.240 --> 58:30.240]  It'll be a long break, and it'll give you an opportunity to go to Logos Radio
[58:30.240 --> 58:34.240]  and donate something to the cause here.
[58:34.240 --> 58:37.240]  The Randy's Beer Fund.
[58:37.240 --> 58:42.240]  Put your name in the hat to win a Glock or some CHL licenses,
[58:42.240 --> 58:45.240]  and also get a sample of Randy's soap.
[58:45.240 --> 58:47.240]  I've used it myself. It's good stuff.
[58:47.240 --> 58:50.240]  We'll be right back.
[58:50.240 --> 58:54.240]  Would you like to make more definite progress in your walk with God?
[58:54.240 --> 58:57.240]  Bibles for America is offering a free study Bible
[58:57.240 --> 59:01.240]  and a set of free Christian books that can really help.
[59:01.240 --> 59:04.240]  The New Testament Recovery Version is one of the most comprehensive
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[59:09.240 --> 59:13.240]  that will help you to know God and to know the meaning of life.
[59:13.240 --> 59:18.240]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.240 --> 59:21.240]  Chapter by chapter, Basic Elements of the Christian Life
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[59:24.240 --> 59:27.240]  growing in Christ, and how to build up the church.
[59:27.240 --> 59:30.240]  To order your free New Testament Recovery Version
[59:30.240 --> 59:33.240]  and Basic Elements of the Christian Life,
[59:33.240 --> 59:40.240]  call Bibles for America toll free at 888-551-0102.
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[59:44.240 --> 59:49.240]  Or visit us online at bfa.org.
[59:49.240 --> 01:00:02.240]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.240 --> 01:00:06.240]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[01:00:06.240 --> 01:00:08.240]  Online at thelibertybeat.com.
[01:00:08.240 --> 01:00:12.240]  I'm Brian Hagan with your Liberty Beat for Friday, February 13, 2015.
[01:00:12.240 --> 01:00:15.240]  Gold is trading at $1,224.
[01:00:15.240 --> 01:00:17.240]  Silver at $16.99.
[01:00:17.240 --> 01:00:20.240]  And Bitcoin is trending around $232.
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[01:00:28.240 --> 01:00:31.240]  Extreme weather, from droughts lasting for weeks,
[01:00:31.240 --> 01:00:35.240]  and torrential rainstorms robbing the country of vital crops for food,
[01:00:35.240 --> 01:00:39.240]  to snowstorms of 70 inches plus, stopping cities in their tracks.
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[01:00:44.240 --> 01:00:50.240]  Go to eFoodsDirect.com slash Liberty Beat or call 800-620-5520
[01:00:50.240 --> 01:00:53.240]  to learn more about food security in a time of crisis.
[01:00:53.240 --> 01:00:56.240]  In the news, President Obama will announce executive action
[01:00:56.240 --> 01:01:00.240]  ordering the government and companies to increase shared information
[01:01:00.240 --> 01:01:02.240]  regarding alleged cyber security threats.
[01:01:02.240 --> 01:01:06.240]  Obama is expected to make the move in response to perceived risks of cyber attacks.
[01:01:06.240 --> 01:01:11.240]  The president will be speaking at a conference on cyber security at Stanford University today.
[01:01:11.240 --> 01:01:14.240]  The executive order comes after the Obama administration announced plans
[01:01:14.240 --> 01:01:21.240]  for a new government center focused on cyber security threats.
[01:01:21.240 --> 01:01:24.240]  An international committee of scientists have released a report stating
[01:01:24.240 --> 01:01:27.240]  that geoengineering techniques are not a viable alternative
[01:01:27.240 --> 01:01:32.240]  to reducing greenhouse gas emissions to combat the effects of climate change.
[01:01:32.240 --> 01:01:36.240]  The committee report called for more research and the understanding of various
[01:01:36.240 --> 01:01:39.240]  geoengineering techniques before implementation.
[01:01:39.240 --> 01:01:42.240]  The scientists found that certain techniques are likely to present
[01:01:42.240 --> 01:01:47.240]  serious known and possible unknown environmental, social, and political risks,
[01:01:47.240 --> 01:01:50.240]  including the possibility of being deployed unilaterally.
[01:01:50.240 --> 01:01:53.240]  The report was sponsored by the National Academy of Sciences,
[01:01:53.240 --> 01:02:00.240]  the U.S. Intelligence Community, NASA, NOAA, and the U.S. Department of Energy.
[01:02:00.240 --> 01:02:03.240]  The Sacramento County Sheriff's Department is seeking to upgrade its cell phone
[01:02:03.240 --> 01:02:07.240]  surveillance tools, that's according to recently revealed documents.
[01:02:07.240 --> 01:02:10.240]  News 10 Sacramento reports the department found an application
[01:02:10.240 --> 01:02:14.240]  for a new $300,000 Stingray cell site simulator in August of 2013.
[01:02:14.240 --> 01:02:18.240]  Stingrays work by tricking cell phones into sending data to the devices
[01:02:18.240 --> 01:02:20.240]  as if it were a cell tower.
[01:02:20.240 --> 01:02:23.240]  The Liberty Beat is sponsored by the Texas Bitcoin Conference.
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[01:02:53.240 --> 01:02:57.240]  This is the Liberty Beat for Friday, February 13th, 2015.
[01:02:57.240 --> 01:03:24.240]  Check out the website at thelibertybeat.com.
[01:03:28.240 --> 01:03:31.240]  Welcome back to Rule Law Radio, folks.
[01:03:31.240 --> 01:03:37.240]  Before we went to break, we were talking with Marcus in Virginia,
[01:03:37.240 --> 01:03:41.240]  and Marcus, if you'll humor us for just a minute,
[01:03:41.240 --> 01:03:46.240]  we've also got online Jeff in Maryland who has a comment
[01:03:46.240 --> 01:03:51.240]  that is on point with your situation.
[01:03:51.240 --> 01:03:53.240]  Hello, Jeff, how are you?
[01:03:53.240 --> 01:03:57.240]  I'm in good shape and we're a little warbly tonight.
[01:03:57.240 --> 01:04:06.240]  A little warbly? You hadn't been treating your wife to a little bit of wine tonight?
[01:04:06.240 --> 01:04:10.240]  Is today Valentine's Day or is that tomorrow?
[01:04:10.240 --> 01:04:13.240]  She treats herself. I don't drink at all.
[01:04:13.240 --> 01:04:15.240]  Oh, okay.
[01:04:15.240 --> 01:04:16.240]  Okay.
[01:04:16.240 --> 01:04:20.240]  When she does have a glass of wine, it's Katie Barthador.
[01:04:20.240 --> 01:04:22.240]  I see.
[01:04:22.240 --> 01:04:27.240]  So then what is it making us warbly tonight?
[01:04:27.240 --> 01:04:29.240]  It's the phone lines.
[01:04:29.240 --> 01:04:31.240]  Oh.
[01:04:31.240 --> 01:04:33.240]  They're not frozen, are they?
[01:04:33.240 --> 01:04:36.240]  The electrons are trying not to move.
[01:04:36.240 --> 01:04:38.240]  I see.
[01:04:38.240 --> 01:04:41.240]  Anyway, point is...
[01:04:41.240 --> 01:04:47.240]  I know what the problem is. The air in between the towers is frozen.
[01:04:47.240 --> 01:04:50.240]  Yeah, that's it. That's it. There you go.
[01:04:50.240 --> 01:04:53.240]  We're in Texas where it never gets cold.
[01:04:53.240 --> 01:04:56.240]  Yeah, I understand.
[01:04:56.240 --> 01:05:01.240]  It's down almost in the single digits here.
[01:05:01.240 --> 01:05:03.240]  Oof.
[01:05:03.240 --> 01:05:04.240]  Anyway.
[01:05:04.240 --> 01:05:06.240]  Yuck.
[01:05:06.240 --> 01:05:12.240]  Your caller, I didn't hear anybody correct him.
[01:05:12.240 --> 01:05:17.240]  So it just stresses me that all three of you are kind of engaged in this.
[01:05:17.240 --> 01:05:18.240]  Okay.
[01:05:18.240 --> 01:05:23.240]  The three of you to take to heart is to take the word fraud,
[01:05:23.240 --> 01:05:27.240]  drop it in the gurgler, and pull a handle.
[01:05:27.240 --> 01:05:29.240]  You can't prove it.
[01:05:29.240 --> 01:05:34.240]  And even if you could, there may be only a dozen attorneys in this country
[01:05:34.240 --> 01:05:41.240]  who can write a sufficient fraud suit to loop the word fraud.
[01:05:41.240 --> 01:05:46.240]  Replace it with false and misleading.
[01:05:46.240 --> 01:05:51.240]  But if you start going down that road, it will uncover where you need to go.
[01:05:51.240 --> 01:05:57.240]  And in this particular individual's situation, as you suggested,
[01:05:57.240 --> 01:06:02.240]  pull out the Code of Professional Conduct for Lawyers for his state,
[01:06:02.240 --> 01:06:07.240]  and I think it's probably four or 400,
[01:06:07.240 --> 01:06:13.240]  where he has to represent his client with due diligence,
[01:06:13.240 --> 01:06:16.240]  and he's failing to so do.
[01:06:16.240 --> 01:06:20.240]  Furthermore, any instructions he gives to his attorney,
[01:06:20.240 --> 01:06:26.240]  he needs to give to his attorney in writing.
[01:06:26.240 --> 01:06:28.240]  That way he's got a paper trail.
[01:06:28.240 --> 01:06:36.240]  He has whatever evidence he needs when he files his bar grievance.
[01:06:36.240 --> 01:06:39.240]  I've already done that.
[01:06:39.240 --> 01:06:40.240]  Okay.
[01:06:40.240 --> 01:06:44.240]  But lose the word fraud.
[01:06:44.240 --> 01:06:47.240]  Just totally eradicate it from your mind,
[01:06:47.240 --> 01:06:51.240]  and replace it with the phrase false and misleading,
[01:06:51.240 --> 01:06:54.240]  because that you can prove.
[01:06:54.240 --> 01:06:56.240]  Okay.
[01:06:56.240 --> 01:06:58.240]  Okay?
[01:06:58.240 --> 01:07:05.240]  False and misleading, the tacit implication behind the accusation of false
[01:07:05.240 --> 01:07:10.240]  and misleading is that it was with intent.
[01:07:10.240 --> 01:07:16.240]  This leads it up to the court to find and determine fraud.
[01:07:16.240 --> 01:07:23.240]  But false and misleading is not a cause of action where fraud is.
[01:07:23.240 --> 01:07:25.240]  Right.
[01:07:25.240 --> 01:07:27.240]  False and misleading was supported.
[01:07:27.240 --> 01:07:28.240]  Hang on, Randy. Hang on.
[01:07:28.240 --> 01:07:30.240]  Go ahead.
[01:07:30.240 --> 01:07:35.240]  Say it again, Jeff.
[01:07:35.240 --> 01:07:36.240]  I lost the thought.
[01:07:36.240 --> 01:07:38.240]  Sorry.
[01:07:38.240 --> 01:07:40.240]  You're trying to saw a jump track.
[01:07:40.240 --> 01:07:45.240]  That doesn't get any better when we get older.
[01:07:45.240 --> 01:07:51.240]  And Jeff is so old, he's even older than me.
[01:07:51.240 --> 01:07:55.240]  In the case of misleading, the attorney does not have to know
[01:07:55.240 --> 01:07:59.240]  that he's misleading the court, intend to mislead the court,
[01:07:59.240 --> 01:08:02.240]  or even know what he's doing is misleading.
[01:08:02.240 --> 01:08:05.240]  He's still misleading the court.
[01:08:05.240 --> 01:08:07.240]  Doesn't go to intent.
[01:08:07.240 --> 01:08:09.240]  Okay.
[01:08:09.240 --> 01:08:10.240]  Okay?
[01:08:10.240 --> 01:08:12.240]  Mm-hmm.
[01:08:12.240 --> 01:08:14.240]  Okay.
[01:08:14.240 --> 01:08:16.240]  Okay, I'm thinking about that.
[01:08:16.240 --> 01:08:21.240]  And yeah, where I would say what he said was fraudulent,
[01:08:21.240 --> 01:08:26.240]  then instead I would say what he said was false and misleading.
[01:08:26.240 --> 01:08:33.240]  I was tying fraud to a cause of action and that was inappropriate.
[01:08:33.240 --> 01:08:37.240]  I hear so many people,
[01:08:37.240 --> 01:08:42.240]  especially those who are coming out of the administrative process,
[01:08:42.240 --> 01:08:44.240]  using the word fraud,
[01:08:44.240 --> 01:08:53.240]  and they have no idea what's involved with being able to prove fraud.
[01:08:53.240 --> 01:08:58.240]  Intent being the most difficult element.
[01:08:58.240 --> 01:09:01.240]  If not almost impossible.
[01:09:01.240 --> 01:09:04.240]  Yes.
[01:09:04.240 --> 01:09:09.240]  How are you going to get into somebody's mind to know or to prove
[01:09:09.240 --> 01:09:11.240]  that they intended to?
[01:09:11.240 --> 01:09:14.240]  You have to capture some sort of documentation that demonstrates it,
[01:09:14.240 --> 01:09:16.240]  and that I don't think you're going to get.
[01:09:16.240 --> 01:09:18.240]  That or you'll have to have an open admission,
[01:09:18.240 --> 01:09:21.240]  and you're not going to get that either.
[01:09:21.240 --> 01:09:27.240]  Well, not unless he's got to have the moment of dumb.
[01:09:27.240 --> 01:09:28.240]  This is true.
[01:09:28.240 --> 01:09:31.240]  And that has been known to happen.
[01:09:31.240 --> 01:09:33.240]  On rare occasion?
[01:09:33.240 --> 01:09:34.240]  Yeah.
[01:09:34.240 --> 01:09:37.240]  And that's all I had called in about.
[01:09:37.240 --> 01:09:40.240]  Well, thank you, Jeff.
[01:09:40.240 --> 01:09:41.240]  You're welcome.
[01:09:41.240 --> 01:09:42.240]  Thank you.
[01:09:42.240 --> 01:09:45.240]  We always appreciate your contributions.
[01:09:45.240 --> 01:09:47.240]  Thank you.
[01:09:47.240 --> 01:09:48.240]  Good night.
[01:09:48.240 --> 01:09:51.240]  Thank you.
[01:09:51.240 --> 01:09:54.240]  Did that make sense, Marcus?
[01:09:54.240 --> 01:09:56.240]  Yeah, it sure does.
[01:09:56.240 --> 01:09:57.240]  It did to me.
[01:09:57.240 --> 01:09:59.240]  It was involved there.
[01:09:59.240 --> 01:10:02.240]  Sure did to me, yeah.
[01:10:02.240 --> 01:10:03.240]  Oh, yeah.
[01:10:03.240 --> 01:10:04.240]  Okay.
[01:10:04.240 --> 01:10:05.240]  Okay, back to your story.
[01:10:05.240 --> 01:10:08.240]  We still don't have the...
[01:10:08.240 --> 01:10:10.240]  Let's kind of go through it as quickly as you can,
[01:10:10.240 --> 01:10:15.240]  but give us all the pertinent facts we need to understand where you're at right now.
[01:10:15.240 --> 01:10:17.240]  Where I'm at right now?
[01:10:17.240 --> 01:10:24.240]  Well, like you said, I've already sent a letter to my attorney.
[01:10:24.240 --> 01:10:29.240]  He's responded to that letter by calling me back.
[01:10:29.240 --> 01:10:33.240]  He didn't write me a letter back, of course.
[01:10:33.240 --> 01:10:38.240]  Do you record your calls?
[01:10:38.240 --> 01:10:43.240]  I didn't record that call, but I'm definitely doing it in the future.
[01:10:43.240 --> 01:10:47.240]  This is why it's advantageous to do everything in writing.
[01:10:47.240 --> 01:11:00.240]  A lot of states will hang you on the fence post like a catfish for wiretapping.
[01:11:00.240 --> 01:11:06.240]  I don't know what kind of wiretapping statutes Colorado has,
[01:11:06.240 --> 01:11:08.240]  but you might want to check them.
[01:11:08.240 --> 01:11:09.240]  He said Virginia, but...
[01:11:09.240 --> 01:11:11.240]  Virginia, I'm sorry.
[01:11:11.240 --> 01:11:16.240]  I think it is Pennsylvania is the only one I've ever seen where it's illegal
[01:11:16.240 --> 01:11:22.240]  to record someone that you're in a conversation with without them knowing it.
[01:11:22.240 --> 01:11:31.240]  Everywhere else, a person who's talking to you has no expectation of privacy from you.
[01:11:31.240 --> 01:11:32.240]  Right.
[01:11:32.240 --> 01:11:40.240]  Except in Pennsylvania.
[01:11:40.240 --> 01:11:44.240]  I've got another letter that I'm going to be writing to this attorney.
[01:11:44.240 --> 01:11:46.240]  I've got more questions for him.
[01:11:46.240 --> 01:11:51.240]  I want to see how he responds and more opportunities to bargain with him.
[01:11:51.240 --> 01:11:55.240]  Okay, let me make a suggestion for a telephone conversation.
[01:11:55.240 --> 01:11:56.240]  Okay.
[01:11:56.240 --> 01:12:02.240]  Keep copious notes, and as soon as you're done with the conversation,
[01:12:02.240 --> 01:12:11.240]  write a letter back to the lawyer outlining the conversation and asking him to confirm.
[01:12:11.240 --> 01:12:12.240]  Okay.
[01:12:12.240 --> 01:12:16.240]  That will really get his attention.
[01:12:16.240 --> 01:12:17.240]  All right.
[01:12:17.240 --> 01:12:21.240]  That will be a major red flag for him.
[01:12:21.240 --> 01:12:28.240]  This guy's paying attention.
[01:12:28.240 --> 01:12:32.240]  Okay, are we good, Marcus?
[01:12:32.240 --> 01:12:35.240]  Can you just repeat that last sentence there?
[01:12:35.240 --> 01:12:37.240]  A couple sentences.
[01:12:37.240 --> 01:12:41.240]  Yeah, go ahead.
[01:12:41.240 --> 01:12:43.240]  I think I'm losing it.
[01:12:43.240 --> 01:12:45.240]  Hello?
[01:12:45.240 --> 01:12:48.240]  Yeah, you got a lot of background noise back there.
[01:12:48.240 --> 01:12:50.240]  Are you at a party?
[01:12:50.240 --> 01:12:53.240]  No, I'm in a restaurant there.
[01:12:53.240 --> 01:12:54.240]  Okay.
[01:12:54.240 --> 01:12:59.240]  Anyway, if you could just repeat that real quick.
[01:12:59.240 --> 01:13:00.240]  Randy?
[01:13:00.240 --> 01:13:03.240]  Wait, I couldn't understand you.
[01:13:03.240 --> 01:13:04.240]  Okay.
[01:13:04.240 --> 01:13:10.240]  The last thing I remember was Randy was asking if we were good or if you had more questions.
[01:13:10.240 --> 01:13:12.240]  No, that's good.
[01:13:12.240 --> 01:13:13.240]  Okay.
[01:13:13.240 --> 01:13:14.240]  Okay.
[01:13:14.240 --> 01:13:15.240]  Thank you, Marcus.
[01:13:15.240 --> 01:13:19.240]  Now we're going to go to Bob in California.
[01:13:19.240 --> 01:13:20.240]  Hello, Bob.
[01:13:20.240 --> 01:13:24.240]  What do you have for us today?
[01:13:24.240 --> 01:13:27.240]  Well, I wanted to find out.
[01:13:27.240 --> 01:13:34.240]  I had lent a friend of mine some money to buy a house.
[01:13:34.240 --> 01:13:39.240]  And, you know, it's the down payment, part of the down payment.
[01:13:39.240 --> 01:13:47.240]  So I took note and deed of trust, you know, to protect my money that I had lent her.
[01:13:47.240 --> 01:13:54.240]  And a year or so later, she refinanced, and it was owner financing in the first place.
[01:13:54.240 --> 01:13:59.240]  And a year later, she refinanced with Wells Fargo.
[01:13:59.240 --> 01:14:09.240]  And I signed a subordination agreement, and the property title was held in her name as an unmarried woman.
[01:14:09.240 --> 01:14:15.240]  And in the subordination agreement, I agreed to subordinate to her an unmarried woman.
[01:14:15.240 --> 01:14:26.240]  So in the escrow, they had her sign change the title of the property from her an unmarried woman to her a single person.
[01:14:26.240 --> 01:14:35.240]  And my contention is that I didn't agree for them to fracture my deed of trust
[01:14:35.240 --> 01:14:39.240]  because my deed of trust was to her an unmarried woman.
[01:14:39.240 --> 01:14:42.240]  That's how the title of the property was held.
[01:14:42.240 --> 01:14:51.240]  So I told them, I said, look, the subordination agreement didn't give them any,
[01:14:51.240 --> 01:14:57.240]  didn't give them the right to transfer the title to a different entity.
[01:14:57.240 --> 01:15:03.240]  And of course, you know, the bank told me, you know, you don't have any like to stand on.
[01:15:03.240 --> 01:15:05.240]  Stuff it.
[01:15:05.240 --> 01:15:17.240]  I think they may be right because what is the legal difference between an unmarried woman and a single person?
[01:15:17.240 --> 01:15:20.240]  I don't know.
[01:15:20.240 --> 01:15:25.240]  That's a distinction without a difference.
[01:15:25.240 --> 01:15:27.240]  What's that?
[01:15:27.240 --> 01:15:33.240]  The issue is not substantive.
[01:15:33.240 --> 01:15:38.240]  It doesn't go to any provision of the contract.
[01:15:38.240 --> 01:15:46.240]  It doesn't change your legal position in the contract or her legal position in the contract.
[01:15:46.240 --> 01:15:50.240]  So the court's going to say it's irrelevant.
[01:15:50.240 --> 01:15:52.240]  I see.
[01:15:52.240 --> 01:15:53.240]  OK.
[01:15:53.240 --> 01:16:02.240]  Well, I just thought my deed of trust was exclusive and non-transferable and they changed that.
[01:16:02.240 --> 01:16:12.240]  No, the subordination, which deed of trust was subordinated to which?
[01:16:12.240 --> 01:16:13.240]  OK.
[01:16:13.240 --> 01:16:17.240]  I had a second deed of trust to begin with.
[01:16:17.240 --> 01:16:26.240]  And so she got a new first, took out the old first, and I subordinated to the new first.
[01:16:26.240 --> 01:16:34.240]  OK, you have essentially an unenforceable lien in any case, unless she sells the property.
[01:16:34.240 --> 01:16:40.240]  If she defaults on the property, your lien will be worth it.
[01:16:40.240 --> 01:16:44.240]  Right, but is it enforceable the way it is now, do you think?
[01:16:44.240 --> 01:16:46.240]  Yes.
[01:16:46.240 --> 01:16:48.240]  OK.
[01:16:48.240 --> 01:16:49.240]  OK, hang on.
[01:16:49.240 --> 01:16:52.240]  Randy Kelton, Steve Skidmore, we were on radio.
[01:16:52.240 --> 01:16:56.240]  I called in number 512-646-1984.
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[01:19:24.240 --> 01:19:50.240]  Okay, we are back.
[01:19:50.240 --> 01:19:53.240]  Randy Kelton, Steve Skidmore, We Blah Radio.
[01:19:53.240 --> 01:19:55.240]  And we were talking to Bob from California.
[01:19:55.240 --> 01:19:59.240]  Did you have anything else for us, Bob?
[01:19:59.240 --> 01:20:13.240]  Would you say that she broke the subordination agreement with me when she changed the title of the property?
[01:20:13.240 --> 01:20:27.240]  No, if you had a second lien and you still have a second lien, did she change the first lien to a great degree?
[01:20:27.240 --> 01:20:30.240]  Just the name.
[01:20:30.240 --> 01:20:34.240]  Oh, no, she hasn't.
[01:20:34.240 --> 01:20:38.240]  That's not a substantive change to the contract.
[01:20:38.240 --> 01:20:41.240]  So it will have no effect.
[01:20:41.240 --> 01:20:44.240]  So she didn't violate anything.
[01:20:44.240 --> 01:20:45.240]  Okay.
[01:20:45.240 --> 01:20:50.240]  It only matters on a contract if you change something substantive.
[01:20:50.240 --> 01:20:54.240]  Well, I thought that was pretty substantive.
[01:20:54.240 --> 01:21:03.240]  Well, what's the difference between a single person and an unmarried person?
[01:21:03.240 --> 01:21:08.240]  I guess if you look up the definitions, there is a difference.
[01:21:08.240 --> 01:21:21.240]  What difference is there that would substantively change your position relative to the contract?
[01:21:21.240 --> 01:21:26.240]  As a woman, she's a corporeal.
[01:21:26.240 --> 01:21:30.240]  As a person, she becomes an incorporeal.
[01:21:30.240 --> 01:21:47.240]  Nonsense. As a person depends on how a person is defined in California, in Texas, and how a person is defined under a specific code.
[01:21:47.240 --> 01:21:54.240]  If you're using the common definition of the terms, there's going to be no difference.
[01:21:54.240 --> 01:21:59.240]  Define corporeal.
[01:21:59.240 --> 01:22:04.240]  A living being.
[01:22:04.240 --> 01:22:06.240]  Okay.
[01:22:06.240 --> 01:22:11.240]  And how is person different?
[01:22:11.240 --> 01:22:20.240]  Well, if you look up the definition of person, it is a masked actor.
[01:22:20.240 --> 01:22:25.240]  Where are you looking this up?
[01:22:25.240 --> 01:22:28.240]  I believe it was Black's Law Dictionary.
[01:22:28.240 --> 01:22:32.240]  Can't use Black's.
[01:22:32.240 --> 01:22:34.240]  What's the case law?
[01:22:34.240 --> 01:22:41.240]  The only thing Black's is good for if you're going to use it in legal, you can't quote Black's.
[01:22:41.240 --> 01:22:47.240]  You have to quote the case law supporting the Black's definition.
[01:22:47.240 --> 01:22:49.240]  Okay.
[01:22:49.240 --> 01:22:56.240]  We've had a lot of people make very specific assertions concerning certain terms.
[01:22:56.240 --> 01:23:06.240]  The problems we have with those is when you're using a term that you're using it as a term of art,
[01:23:06.240 --> 01:23:12.240]  in that you're claiming that it has a very special specific meaning.
[01:23:12.240 --> 01:23:23.240]  Not only do we need the definition, we need to know what the context of the definition is.
[01:23:23.240 --> 01:23:32.240]  Because in law a lot of terms are defined within a statute or set of statutes.
[01:23:32.240 --> 01:23:37.240]  And if it is, it only applies to that set of statutes.
[01:23:37.240 --> 01:23:48.240]  We have people, especially the IRS law, they use to pull terms out of the IRS code and then try to use them in the criminal code.
[01:23:48.240 --> 01:23:51.240]  No, you can't transfer those definitions.
[01:23:51.240 --> 01:23:59.240]  When we're speaking as specifically to a definition as you are, corporeal.
[01:23:59.240 --> 01:24:04.240]  I haven't heard that term in a very long time.
[01:24:04.240 --> 01:24:29.240]  Suffice it to say that you've got to look not only at the definition but at the assumption or the presumption that the definition rests on and the implication thus created.
[01:24:29.240 --> 01:24:34.240]  That's what I was going to say.
[01:24:34.240 --> 01:24:41.240]  That's what I was thinking, by the way.
[01:24:41.240 --> 01:24:46.240]  Again, language is everything in law.
[01:24:46.240 --> 01:24:48.240]  On the streets it doesn't matter.
[01:24:48.240 --> 01:24:54.240]  You and I both know what we're talking about when you say car, when you say vehicle, when you say truck.
[01:24:54.240 --> 01:25:00.240]  But in law, that's not what they mean.
[01:25:00.240 --> 01:25:15.240]  And it's like Randy said, if you're trying to go to one section of the code and apply the definition in that one section of the code to a different section,
[01:25:15.240 --> 01:25:29.240]  just because the section that you're wanting to apply that to does not define the word as you want it to, you cannot commingle the two.
[01:25:29.240 --> 01:25:39.240]  For example, when you go, if there's a term of art or a word that is defined within a section of code,
[01:25:39.240 --> 01:25:48.240]  it will usually say or usually be preceded by these words, in this section.
[01:25:48.240 --> 01:25:52.240]  And then it'll go on such and such means, blah, blah, blah, blah, blah, blah.
[01:25:52.240 --> 01:26:01.240]  It means in this section not to be taken from this section and falsely applied to another.
[01:26:01.240 --> 01:26:11.240]  And when we use the term, term of art, and we're referencing a term just like corporeal,
[01:26:11.240 --> 01:26:30.240]  that a term that has a special meaning in a special context, car, person, person, Texas, a person in the Texas penal code is a corporation.
[01:26:30.240 --> 01:26:35.240]  It says a corporation and not a real living human being.
[01:26:35.240 --> 01:26:43.240]  And in that sense, it is a term of art in the penal code, because that's the only place it has that meaning.
[01:26:43.240 --> 01:26:46.240]  Does that make sense, Bob?
[01:26:46.240 --> 01:26:49.240]  Yeah, it's just like the deed of trust.
[01:26:49.240 --> 01:26:51.240]  I've read the deed of trust.
[01:26:51.240 --> 01:26:54.240]  They have their own definitions inside that deed of trust.
[01:26:54.240 --> 01:26:55.240]  Yes.
[01:26:55.240 --> 01:26:58.240]  So that's basically what you're saying.
[01:26:58.240 --> 01:26:59.240]  Yes, exactly.
[01:26:59.240 --> 01:27:09.240]  And MERS is in the definition section of the deed of trust, not in the content section of the deed of trust.
[01:27:09.240 --> 01:27:20.240]  It's kind of important to keep that in mind, that MERS was not appointed as an agent by the deed of trust.
[01:27:20.240 --> 01:27:27.240]  It implies that it looks like that, but everything referencing MERS is just a definition.
[01:27:27.240 --> 01:27:38.240]  The deed of trust starts with the assignment of the security instrument to the trustee.
[01:27:38.240 --> 01:27:42.240]  And then the next paragraph takes it away from the trustee and gives it to MERS.
[01:27:42.240 --> 01:27:45.240]  What is that nonsense?
[01:27:45.240 --> 01:27:50.240]  Yeah, if you figure that one out, let me know.
[01:27:50.240 --> 01:27:51.240]  Okay, okay.
[01:27:51.240 --> 01:27:53.240]  Are we making sense?
[01:27:53.240 --> 01:27:55.240]  Yes, yes.
[01:27:55.240 --> 01:28:01.240]  When I asked the bank, Wells Fargo in the first place, they sent back a letter and they said,
[01:28:01.240 --> 01:28:04.240]  oh, geez, we don't know why it was changed.
[01:28:04.240 --> 01:28:13.240]  You know, that was nothing that we – that was no – that wasn't in our escrow instructions.
[01:28:13.240 --> 01:28:16.240]  That was just something the title company did.
[01:28:16.240 --> 01:28:19.240]  Yeah, it was in their boilerplate.
[01:28:19.240 --> 01:28:28.240]  Yeah, and it's not substantive, so it doesn't make any change to the contract.
[01:28:28.240 --> 01:28:30.240]  Okay.
[01:28:30.240 --> 01:28:33.240]  You should still be good.
[01:28:33.240 --> 01:28:36.240]  Okay, thank you, Bob.
[01:28:36.240 --> 01:28:37.240]  Thank you.
[01:28:37.240 --> 01:28:40.240]  Now we're going to go to – I kind of cut Bob off there.
[01:28:40.240 --> 01:28:41.240]  Oops.
[01:28:41.240 --> 01:28:45.240]  We're going to go to Marshall in Washington.
[01:28:45.240 --> 01:28:47.240]  Hello, Marshall.
[01:28:47.240 --> 01:28:49.240]  Good evening. How's it going?
[01:28:49.240 --> 01:28:51.240]  Good.
[01:28:51.240 --> 01:28:57.240]  My question relates to – I've been trying to develop my understanding of what's proper
[01:28:57.240 --> 01:29:02.240]  and improper for a judge in a case, trying to get into some of the minutiae.
[01:29:02.240 --> 01:29:04.240]  Let me give a –
[01:29:04.240 --> 01:29:07.240]  These days there's nothing proper.
[01:29:07.240 --> 01:29:09.240]  Let me give a rule of thumb.
[01:29:09.240 --> 01:29:17.240]  It is the duty of the trial court to determine the facts in accordance with the rules of evidence,
[01:29:17.240 --> 01:29:22.240]  then apply the law as it comes to him to the facts in the case.
[01:29:22.240 --> 01:29:28.240]  If he introduces anything else into the mix, you need to call him on it,
[01:29:28.240 --> 01:29:32.240]  especially if he introduces an attitude.
[01:29:32.240 --> 01:29:33.240]  Yeah.
[01:29:33.240 --> 01:29:35.240]  Yeah.
[01:29:35.240 --> 01:29:39.240]  And if you're a pro se, you can call him on it.
[01:29:39.240 --> 01:29:40.240]  Hang on.
[01:29:40.240 --> 01:29:41.240]  We're about to go to break.
[01:29:41.240 --> 01:29:45.240]  This is Randy Kelton, Steve Skidmore, Wheel of Law Radio.
[01:29:45.240 --> 01:29:50.240]  I call in number 512-646-1984.
[01:29:50.240 --> 01:29:55.240]  While we're on the break, go check out our sponsors and give us a donation.
[01:29:55.240 --> 01:29:57.240]  I'll send you some SuperDope.
[01:29:57.240 --> 01:30:00.240]  We'll be right back.
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[01:31:20.240 --> 01:31:32.240]  For more news and information at CatherineAlbrecht.com.
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[01:33:02.240 --> 01:33:05.240]  You are listening to the Logos Radio Network.
[01:33:05.240 --> 01:33:12.240]  Logosradionetwork.com.
[01:33:12.240 --> 01:33:17.240]  I see a tool.
[01:33:17.240 --> 01:33:20.240]  I see a tool.
[01:33:20.240 --> 01:33:21.240]  Yeah, we're done.
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[01:33:31.240 --> 01:33:33.240]  Tools of massive capability.
[01:33:33.240 --> 01:33:36.240]  Available for all eternity.
[01:33:36.240 --> 01:33:39.240]  They come from natural amenities.
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[01:33:45.240 --> 01:33:48.240]  Rebuild credibility.
[01:33:48.240 --> 01:33:49.240]  Okay, we are back.
[01:33:49.240 --> 01:33:52.240]  Randy Kelton, Steve Skidmore, Wheelblower Radio.
[01:33:52.240 --> 01:33:54.240]  We're talking to Marshall in Washington.
[01:33:54.240 --> 01:33:59.240]  And over the break, I looked at the note from our call screener.
[01:33:59.240 --> 01:34:07.240]  And what's this about a judge making a ruling with nothing before him?
[01:34:07.240 --> 01:34:09.240]  Let me be more specific.
[01:34:09.240 --> 01:34:13.240]  You're in a case before a judge, and from what I've read,
[01:34:13.240 --> 01:34:18.240]  he can, for example, recuse himself on his own at any time that he chooses.
[01:34:18.240 --> 01:34:19.240]  Is that correct?
[01:34:19.240 --> 01:34:22.240]  That's correct.
[01:34:22.240 --> 01:34:26.240]  And what you're talking here is suesponte.
[01:34:26.240 --> 01:34:32.240]  And there are certain things the court can do suesponte.
[01:34:32.240 --> 01:34:33.240]  But they're limited.
[01:34:33.240 --> 01:34:35.240]  Okay, go ahead.
[01:34:35.240 --> 01:34:37.240]  The pivotal question that I had for tonight,
[01:34:37.240 --> 01:34:39.240]  now I already knew about the recusal part.
[01:34:39.240 --> 01:34:40.240]  Here's the question.
[01:34:40.240 --> 01:34:46.240]  Would people, including yourself, talk about a judge not having subject matter jurisdiction?
[01:34:46.240 --> 01:34:51.240]  If in the middle of a case the evidence develops to such a point
[01:34:51.240 --> 01:34:57.240]  that the judge believes that he does not have subject matter jurisdiction,
[01:34:57.240 --> 01:35:02.240]  can he claim that and close the case down with everybody else?
[01:35:02.240 --> 01:35:04.240]  He has a duty to.
[01:35:04.240 --> 01:35:08.240]  Absolutely.
[01:35:08.240 --> 01:35:14.240]  If he has reason to believe he doesn't have subject matter jurisdiction
[01:35:14.240 --> 01:35:22.240]  and he doesn't put a stop to the case, he is treading really deep water.
[01:35:22.240 --> 01:35:25.240]  Okay, so it's never an excuse for a judge to say,
[01:35:25.240 --> 01:35:30.240]  well, you didn't put a motion in, so therefore you waived subject matter jurisdiction.
[01:35:30.240 --> 01:35:34.240]  That's good.
[01:35:34.240 --> 01:35:36.240]  Did he say that?
[01:35:36.240 --> 01:35:39.240]  No, no, I'm just trying to think through the possibilities.
[01:35:39.240 --> 01:35:41.240]  Oh, yeah, no.
[01:35:41.240 --> 01:35:46.240]  I don't think a judge would ever be stupid enough to say a thing like that.
[01:35:46.240 --> 01:35:48.240]  In you, you can waive.
[01:35:48.240 --> 01:35:51.240]  In personum, you can waive.
[01:35:51.240 --> 01:35:54.240]  Subject matter cannot be waived.
[01:35:54.240 --> 01:35:56.240]  I'll give you an example.
[01:35:56.240 --> 01:36:01.240]  Let's say you got a ticket and you know the judge and he's a real scoundrel.
[01:36:01.240 --> 01:36:06.240]  So I tell you what, Marshall, since that judge is a scoundrel,
[01:36:06.240 --> 01:36:11.240]  how about if I be the judge for you?
[01:36:11.240 --> 01:36:14.240]  When you say, sure, you can be the judge for me,
[01:36:14.240 --> 01:36:20.240]  do I become the judge because you said I could?
[01:36:20.240 --> 01:36:23.240]  Well, supposedly you could do quite a bit by agreement.
[01:36:23.240 --> 01:36:24.240]  Yeah, see, if...
[01:36:24.240 --> 01:36:25.240]  But not that.
[01:36:25.240 --> 01:36:26.240]  Okay.
[01:36:26.240 --> 01:36:31.240]  If I don't have subject matter jurisdiction,
[01:36:31.240 --> 01:36:38.240]  there is not anything you can do to give me subject matter jurisdiction.
[01:36:38.240 --> 01:36:42.240]  If I don't have it, I can't do anything.
[01:36:42.240 --> 01:36:47.240]  The only time you can sue a judge is when he doesn't have subject matter jurisdiction
[01:36:47.240 --> 01:36:50.240]  because he is on his own.
[01:36:50.240 --> 01:36:53.240]  So that's why I say I wouldn't think the judge would,
[01:36:53.240 --> 01:36:57.240]  and I couldn't imagine a judge being stupid enough to say,
[01:36:57.240 --> 01:37:01.240]  I don't have subject matter jurisdiction but you didn't bring it up.
[01:37:01.240 --> 01:37:06.240]  Subject matter jurisdiction is really a big deal.
[01:37:06.240 --> 01:37:11.240]  There's a couple of ways a judge cannot have subject matter jurisdiction.
[01:37:11.240 --> 01:37:21.240]  One, if he has done something that would necessarily disqualify him,
[01:37:21.240 --> 01:37:28.240]  or if he has a relationship that would necessarily disqualify him,
[01:37:28.240 --> 01:37:35.240]  or he commits a crime in the process of adjudicating the case
[01:37:35.240 --> 01:37:42.240]  that would enact its outside scope,
[01:37:42.240 --> 01:37:51.240]  or if the plaintiff lacked capacity to invoke the subject matter jurisdiction
[01:37:51.240 --> 01:37:52.240]  in the court.
[01:37:52.240 --> 01:37:57.240]  That's what Steve spoke to earlier in the day.
[01:37:57.240 --> 01:38:00.240]  Was there a...
[01:38:00.240 --> 01:38:06.240]  In this case, was there a challenge to the subject matter jurisdiction file?
[01:38:06.240 --> 01:38:07.240]  I'm just thinking...
[01:38:07.240 --> 01:38:10.240]  I'm thinking theoretically.
[01:38:10.240 --> 01:38:13.240]  My point being that from what you just said,
[01:38:13.240 --> 01:38:20.240]  if you get down the line and you prove that the judge did not have subject matter jurisdiction,
[01:38:20.240 --> 01:38:27.240]  then he can never use as an excuse, I didn't know, or rather,
[01:38:27.240 --> 01:38:30.240]  I knew that I might not have subject matter jurisdiction,
[01:38:30.240 --> 01:38:32.240]  but nobody put a motion before the court.
[01:38:32.240 --> 01:38:33.240]  That's not an excuse.
[01:38:33.240 --> 01:38:40.240]  Okay, okay. If he knew, now he could not know.
[01:38:40.240 --> 01:38:49.240]  Say a plaintiff files a suit, and if he has no reason to believe that the plaintiff lacks capacity,
[01:38:49.240 --> 01:38:54.240]  then the judge is essentially acting in good faith reliance.
[01:38:54.240 --> 01:39:01.240]  If you have reason to believe that there is, the presumption when an action is filed,
[01:39:01.240 --> 01:39:08.240]  there is a presumption that the filer has capacity to invoke the subject matter jurisdiction.
[01:39:08.240 --> 01:39:11.240]  Then they look at the document itself,
[01:39:11.240 --> 01:39:18.240]  and if the wording of the document would tend to invoke the subject matter jurisdiction of the court,
[01:39:18.240 --> 01:39:24.240]  the court is acting reasonably.
[01:39:24.240 --> 01:39:28.240]  And if you have knowledge the court doesn't have,
[01:39:28.240 --> 01:39:32.240]  then you bring it to the court that shows there's no capacity.
[01:39:32.240 --> 01:39:37.240]  Now the judge is on the dime, and that's reasonable.
[01:39:37.240 --> 01:39:41.240]  You can't hold a judge responsible for what he doesn't know,
[01:39:41.240 --> 01:39:47.240]  and the judge does get to enjoy certain presumptions.
[01:39:47.240 --> 01:39:57.240]  But as soon as you bring evidence to overcome the presumption of standing or capacity,
[01:39:57.240 --> 01:40:03.240]  now the judge is on the dime, and he has no power to move forward.
[01:40:03.240 --> 01:40:08.240]  Subject matter jurisdiction is a big deal.
[01:40:08.240 --> 01:40:11.240]  I appreciate that. Thank you.
[01:40:11.240 --> 01:40:17.240]  I'm hoping I got that answer and I wasn't just rambling.
[01:40:17.240 --> 01:40:19.240]  You're bad about that anyway.
[01:40:19.240 --> 01:40:21.240]  Yeah, I am. I'm working on that.
[01:40:21.240 --> 01:40:23.240]  You're a rambler.
[01:40:23.240 --> 01:40:27.240]  Is there anything else, Marshall?
[01:40:27.240 --> 01:40:29.240]  Well, there's a little follow-on, I suppose.
[01:40:29.240 --> 01:40:33.240]  It's brought up another thought in my mind.
[01:40:33.240 --> 01:40:39.240]  In a criminal case, you have the elements that are required to prove the criminal case.
[01:40:39.240 --> 01:40:47.240]  If the prosecutor in his information and whatever verified criminal complaints he has from witnesses,
[01:40:47.240 --> 01:40:56.240]  if he does not at least propose to have evidence to cover all of the elements of the crime,
[01:40:56.240 --> 01:40:59.240]  can the court have subject matter jurisdiction?
[01:40:59.240 --> 01:41:01.240]  Yes.
[01:41:01.240 --> 01:41:03.240]  Okay.
[01:41:03.240 --> 01:41:05.240]  They have subject matter jurisdiction.
[01:41:05.240 --> 01:41:08.240]  They have all the elements covered in the documents leading up to the case.
[01:41:08.240 --> 01:41:12.240]  Okay. Here's how the court gets subject matter jurisdiction.
[01:41:12.240 --> 01:41:19.240]  A complainant files a complaint with some magistrate.
[01:41:19.240 --> 01:41:27.240]  The magistrate has jurisdiction based on the complaint to hold an examining trial.
[01:41:27.240 --> 01:41:32.240]  The judge holds an examining trial, makes a determination of probable cause.
[01:41:32.240 --> 01:41:37.240]  Probable cause is just a presumption. It doesn't have to be exhaustive.
[01:41:37.240 --> 01:41:43.240]  So he makes a determination of probable cause, and then he forwards the complaint,
[01:41:43.240 --> 01:41:51.240]  I mean the order that he creates showing that he found probable cause, he forwards that to the court,
[01:41:51.240 --> 01:41:55.240]  and that gives the court subject matter jurisdiction.
[01:41:55.240 --> 01:42:00.240]  Now, the prosecutor then comes and tries to prove his case.
[01:42:00.240 --> 01:42:10.240]  If he doesn't prove up all the elements, then the court has a duty to dismiss or to find not guilty,
[01:42:10.240 --> 01:42:16.240]  but it doesn't affect subject matter jurisdiction.
[01:42:16.240 --> 01:42:18.240]  Okay. Thank you very much.
[01:42:18.240 --> 01:42:21.240]  Already. Thank you, Mr. Marshall.
[01:42:21.240 --> 01:42:26.240]  Now we're going to go to Merark in Texas.
[01:42:26.240 --> 01:42:31.240]  Just kidding. Your name on our board has two r's in it, so you're Merark.
[01:42:31.240 --> 01:42:33.240]  Merark, huh? That's what I'm talking about.
[01:42:33.240 --> 01:42:36.240]  Mark. Howdy, gents.
[01:42:36.240 --> 01:42:42.240]  I'm hoping you've been called worst thing by uglier guys.
[01:42:42.240 --> 01:42:45.240]  I'm sure it's been the case, but I can't say it on air.
[01:42:45.240 --> 01:42:46.240]  I promise no bad language.
[01:42:46.240 --> 01:42:49.240]  Okay. That's right.
[01:42:49.240 --> 01:42:52.240]  I've got a question that all ties into this.
[01:42:52.240 --> 01:42:54.240]  It's kind of nice.
[01:42:54.240 --> 01:42:57.240]  I have a motion that I just filed.
[01:42:57.240 --> 01:43:02.240]  That took a lot longer to do it than I probably should have, but it's really good.
[01:43:02.240 --> 01:43:03.240]  I'm incredibly proud of it.
[01:43:03.240 --> 01:43:05.240]  I worked my butt off on it.
[01:43:05.240 --> 01:43:07.240]  Thank you guys for inspiring me.
[01:43:07.240 --> 01:43:08.240]  I hope I can say that on air.
[01:43:08.240 --> 01:43:09.240]  I didn't realize that.
[01:43:09.240 --> 01:43:10.240]  I just did that.
[01:43:10.240 --> 01:43:12.240]  You're fine.
[01:43:12.240 --> 01:43:17.240]  In any event, what I'm getting at is I have this motion.
[01:43:17.240 --> 01:43:19.240]  They have 21 days to respond to it.
[01:43:19.240 --> 01:43:21.240]  I have to set a hearing and go through all that.
[01:43:21.240 --> 01:43:24.240]  I don't have much doubt that I'm going to win,
[01:43:24.240 --> 01:43:31.240]  but I'm wondering if filing a plea to the jurisdiction officially would be a strategic thing for me,
[01:43:31.240 --> 01:43:35.240]  because if the judge realizes he had been lied to, et cetera,
[01:43:35.240 --> 01:43:39.240]  he might see fit to just simply take action on that.
[01:43:39.240 --> 01:43:41.240]  I hear the music.
[01:43:41.240 --> 01:43:42.240]  Hang on.
[01:43:42.240 --> 01:43:43.240]  Go ahead.
[01:43:43.240 --> 01:43:46.240]  If the court finds it has no jurisdiction over the subject matter,
[01:43:46.240 --> 01:43:51.240]  the only jurisdiction it has is limited, and that is to dismiss.
[01:43:51.240 --> 01:43:52.240]  We'll be right back, folks.
[01:43:52.240 --> 01:44:00.240]  You're listening to Rule of Law.
[01:44:00.240 --> 01:44:04.240]  You feel tired when talking about important topics like money and politics?
[01:44:04.240 --> 01:44:05.240]  Sorry.
[01:44:05.240 --> 01:44:07.240]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.240 --> 01:44:08.240]  What?
[01:44:08.240 --> 01:44:13.240]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:13.240 --> 01:44:16.240]  My name is Steve Holt, and like millions of other Americans,
[01:44:16.240 --> 01:44:19.240]  I was diagnosed with stupidity at an early age.
[01:44:19.240 --> 01:44:25.240]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
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[01:46:22.240 --> 01:46:41.240]  Okay, we are back.
[01:46:41.240 --> 01:46:44.240]  Randy Kelton, Steve Skidmore, Rule of Law Radio.
[01:46:44.240 --> 01:46:47.240]  We're talking to Mark in Texas.
[01:46:47.240 --> 01:46:52.240]  I was having too much fun on the break.
[01:46:52.240 --> 01:46:53.240]  Hold on.
[01:46:53.240 --> 01:46:54.240]  There we go.
[01:46:54.240 --> 01:46:56.240]  We had a little trouble getting you brought up.
[01:46:56.240 --> 01:46:57.240]  There you go.
[01:46:57.240 --> 01:46:58.240]  All right.
[01:46:58.240 --> 01:47:04.240]  Steve just said that if a judge has any question as to whether or doesn't believe he has jurisdiction,
[01:47:04.240 --> 01:47:06.240]  then his only option is to dismiss.
[01:47:06.240 --> 01:47:08.240]  And that sounded good.
[01:47:08.240 --> 01:47:11.240]  I wanted to ask you guys a part two on the question, if I can.
[01:47:11.240 --> 01:47:12.240]  Sure.
[01:47:12.240 --> 01:47:18.240]  You had mentioned a few weeks ago that there was some lucky guy that got over a billion dollars
[01:47:18.240 --> 01:47:23.240]  for just having a record of calls, I believe, that had come from a servicer.
[01:47:23.240 --> 01:47:26.240]  And I think you said they were worth about $1,500 a pop.
[01:47:26.240 --> 01:47:30.240]  This was a case out of Florida.
[01:47:30.240 --> 01:47:31.240]  Okay.
[01:47:31.240 --> 01:47:41.240]  Over five or six years, he documented 300 some odd calls.
[01:47:41.240 --> 01:47:43.240]  There were 600 some odd calls.
[01:47:43.240 --> 01:47:48.240]  There's a lot of calls, but it was over a relatively long period of time.
[01:47:48.240 --> 01:47:58.240]  And the way you do that is you send a debt validation letter.
[01:47:58.240 --> 01:48:00.240]  It's a dispute letter.
[01:48:00.240 --> 01:48:02.240]  You dispute the debt.
[01:48:02.240 --> 01:48:10.240]  And that amounts to statutory estoppel from any further attempts to collect the debt
[01:48:10.240 --> 01:48:17.240]  until they have validated the debt, proved up their chain of holder status.
[01:48:17.240 --> 01:48:20.240]  And then when they call, it's $1,500 a pop.
[01:48:20.240 --> 01:48:26.240]  But Jeff is going to say that it's $1,500 total.
[01:48:26.240 --> 01:48:31.240]  And there's some question about that because we just had this one out of Florida
[01:48:31.240 --> 01:48:38.240]  where they gave him over a million dollars.
[01:48:38.240 --> 01:48:42.240]  Not shabby for a couple phone calls.
[01:48:42.240 --> 01:48:44.240]  I'm thinking it sounds good.
[01:48:44.240 --> 01:48:50.240]  The alleged servicer, in my case, which I believe I'm probably about to win,
[01:48:50.240 --> 01:48:53.240]  dismissal of their cause of action for foreclosure,
[01:48:53.240 --> 01:48:56.240]  the alleged servicer is ringing my phone off the wall,
[01:48:56.240 --> 01:48:59.240]  probably trying to call me to make a deal or something.
[01:48:59.240 --> 01:49:01.240]  I'm not even talking to these guys.
[01:49:01.240 --> 01:49:08.240]  Do you have something recording these calls?
[01:49:08.240 --> 01:49:10.240]  I'm sure there's a call record.
[01:49:10.240 --> 01:49:12.240]  I have a record on my cell phone.
[01:49:12.240 --> 01:49:13.240]  Okay.
[01:49:13.240 --> 01:49:15.240]  This is a cell phone they're calling?
[01:49:15.240 --> 01:49:16.240]  Yeah, they're calling.
[01:49:16.240 --> 01:49:17.240]  Oh, definitely.
[01:49:17.240 --> 01:49:19.240]  You can get that from the cell phone company.
[01:49:19.240 --> 01:49:22.240]  So you can document all of these calls.
[01:49:22.240 --> 01:49:25.240]  Best if you answer it.
[01:49:25.240 --> 01:49:26.240]  Okay.
[01:49:26.240 --> 01:49:28.240]  Say, you again?
[01:49:28.240 --> 01:49:29.240]  Why are you annoying me?
[01:49:29.240 --> 01:49:31.240]  Wait a minute, wait a minute.
[01:49:31.240 --> 01:49:32.240]  I'm kind of busy right now.
[01:49:32.240 --> 01:49:36.240]  Can you call me back in about 10 minutes?
[01:49:36.240 --> 01:49:39.240]  Don't give them permission.
[01:49:39.240 --> 01:49:45.240]  You don't admit it.
[01:49:45.240 --> 01:49:51.240]  You just show them the list of calls and write down 1,500 bucks apiece.
[01:49:51.240 --> 01:49:59.240]  And, you know, Jeff made the argument that the courts would only give you 1,500 total.
[01:49:59.240 --> 01:50:08.240]  But even so, if you ask for a jury, you know, the court can tell them that,
[01:50:08.240 --> 01:50:11.240]  well, it's only 1,500 overall.
[01:50:11.240 --> 01:50:17.240]  But the jury can say, I think the guy was a real stinker.
[01:50:17.240 --> 01:50:22.240]  So we're going to give him the whole amount anyway.
[01:50:22.240 --> 01:50:26.240]  If you don't ask for it, you certainly won't get it.
[01:50:26.240 --> 01:50:34.240]  When you go in the door, at the end of the day, the jury's only going to remember one number.
[01:50:34.240 --> 01:50:38.240]  That's the one you walked in the door with.
[01:50:38.240 --> 01:50:45.240]  So if you can legitimately push it up, get them to call, great.
[01:50:45.240 --> 01:50:48.240]  And there's Jeff is back.
[01:50:48.240 --> 01:50:51.240]  He's going to land right in the middle of me.
[01:50:51.240 --> 01:50:55.240]  Jeff, are you going to get me straightened out on this?
[01:50:55.240 --> 01:50:58.240]  A little bit.
[01:50:58.240 --> 01:51:04.240]  The statutory damages on those calls is 500 a call,
[01:51:04.240 --> 01:51:13.240]  with the potential of the court awarding $1,500 a call.
[01:51:13.240 --> 01:51:18.240]  But it has to be egregious to get it.
[01:51:18.240 --> 01:51:25.240]  Like you accuse my grandmother of wearing combat boots?
[01:51:25.240 --> 01:51:32.240]  No, you need to go back and actually read the judicial order instead of the white paper on it.
[01:51:32.240 --> 01:51:36.240]  I think you'll find the circumstances are a little bit different from what the white paper was.
[01:51:36.240 --> 01:51:45.240]  Okay, because even when I read it, it was like either 300 or 600 calls, but it was over like a six-year period.
[01:51:45.240 --> 01:51:48.240]  No, it can't be because the statute of limitations is four.
[01:51:48.240 --> 01:51:51.240]  Well, this was...
[01:51:51.240 --> 01:51:54.240]  No, no, they may have been calling for six years.
[01:51:54.240 --> 01:51:56.240]  Well, it may have been...
[01:51:56.240 --> 01:51:58.240]  The statute only goes back four years.
[01:51:58.240 --> 01:52:03.240]  They probably filed this suit a couple years back, but it was started in 2009.
[01:52:03.240 --> 01:52:05.240]  Oh my goodness.
[01:52:05.240 --> 01:52:06.240]  When the calls started.
[01:52:06.240 --> 01:52:10.240]  So it may have been that the suit's been in court for two or three years.
[01:52:10.240 --> 01:52:17.240]  Well, I have known cases where you're actually in court with a debt collector,
[01:52:17.240 --> 01:52:21.240]  and even though you're in court, they still persist in calling you.
[01:52:21.240 --> 01:52:24.240]  That's because they've got the computer systems,
[01:52:24.240 --> 01:52:27.240]  and they've got the one hand not knowing what the other is doing.
[01:52:27.240 --> 01:52:29.240]  They manually dial all these calls.
[01:52:29.240 --> 01:52:32.240]  They don't use Robocoin.
[01:52:32.240 --> 01:52:37.240]  What I'm saying, this department over here doesn't know what that department over there is doing,
[01:52:37.240 --> 01:52:39.240]  and wonderful.
[01:52:39.240 --> 01:52:42.240]  Just keep calling, guys.
[01:52:42.240 --> 01:52:44.240]  I don't know if you guys can hear.
[01:52:44.240 --> 01:52:46.240]  They're definitely doing this kind of thing with me.
[01:52:46.240 --> 01:52:49.240]  The servicer has had this for a year and a half,
[01:52:49.240 --> 01:52:55.240]  or they've alleged that they had some right service at this note for a year and a half.
[01:52:55.240 --> 01:52:58.240]  The suit's been going on for a little over a year,
[01:52:58.240 --> 01:53:03.240]  and with respect to my situation,
[01:53:03.240 --> 01:53:07.240]  I originally gave all the documents for to do a deed in lieu.
[01:53:07.240 --> 01:53:11.240]  I had no idea I had anything at all that I could defend or win,
[01:53:11.240 --> 01:53:14.240]  or even had any reason to challenge,
[01:53:14.240 --> 01:53:17.240]  and then I discovered that as I went along on this process.
[01:53:17.240 --> 01:53:21.240]  I realized I have a fraudulent assignment from a company that was out of business.
[01:53:21.240 --> 01:53:23.240]  We've mentioned this before,
[01:53:23.240 --> 01:53:29.240]  and I can't imagine there's any way that they would possibly be able to deny that,
[01:53:29.240 --> 01:53:35.240]  even if somehow this judge did something completely wrong in designing my motion.
[01:53:35.240 --> 01:53:40.240]  In my motion, I'm seeking to overcome their reopening of the case,
[01:53:40.240 --> 01:53:46.240]  and they said that the last payment that I made in their original complaint was in 2007.
[01:53:46.240 --> 01:53:51.240]  They say that their motion reopened in 2010, so they're lying outright,
[01:53:51.240 --> 01:53:56.240]  and it didn't include three exhibits that were supposed to give evidence to this effect.
[01:53:56.240 --> 01:54:00.240]  I didn't mention that in my motion, but I'll attack it in hearing.
[01:54:00.240 --> 01:54:04.240]  In any event, right now I'm just trying to put it all together,
[01:54:04.240 --> 01:54:06.240]  because I see myself winning this.
[01:54:06.240 --> 01:54:11.240]  I think I have a three-year statute of limitations on fraud due to the assignment,
[01:54:11.240 --> 01:54:15.240]  and I want to attack that in every way I possibly can.
[01:54:15.240 --> 01:54:19.240]  So that was one reason I was asking.
[01:54:19.240 --> 01:54:26.240]  That would go to a bogus assignment or one that's false or misleading.
[01:54:26.240 --> 01:54:31.240]  That false or misleading you can prove, fraud you can't.
[01:54:31.240 --> 01:54:33.240]  Ah, okay.
[01:54:33.240 --> 01:54:35.240]  Okay, now hold on, hold on.
[01:54:35.240 --> 01:54:40.240]  This is Texas, and Mark's in Texas.
[01:54:40.240 --> 01:54:48.240]  We have a special definition of fraud as it goes to documents filed in the public record,
[01:54:48.240 --> 01:54:54.240]  and that's government code 51901C.
[01:54:54.240 --> 01:54:59.240]  And what it says is that any document filed in the record
[01:54:59.240 --> 01:55:05.240]  where there is no document showing that this entity has the authority
[01:55:05.240 --> 01:55:14.240]  to file a document affecting title, then the document is presumed to be fraudulent.
[01:55:14.240 --> 01:55:16.240]  Okay, Randy.
[01:55:16.240 --> 01:55:18.240]  Yes.
[01:55:18.240 --> 01:55:27.240]  Does Texas require the assignment of the note or the deed of trust?
[01:55:27.240 --> 01:55:30.240]  Oh, deed of trust, not the note.
[01:55:30.240 --> 01:55:37.240]  Okay, so I think he was talking about the assignment of the note.
[01:55:37.240 --> 01:55:39.240]  Jim, can you guys hear me?
[01:55:39.240 --> 01:55:42.240]  No, no, I was talking about fraudulent.
[01:55:42.240 --> 01:55:45.240]  Fraudulent goes to...
[01:55:45.240 --> 01:55:46.240]  It wouldn't be recorded.
[01:55:46.240 --> 01:55:47.240]  Oh, you're right.
[01:55:47.240 --> 01:55:48.240]  It wouldn't be recorded.
[01:55:48.240 --> 01:55:51.240]  Yeah, I was going to say you wouldn't necessarily transfer.
[01:55:51.240 --> 01:55:57.240]  You don't assign the note, you negotiate the note.
[01:55:57.240 --> 01:55:59.240]  That's a negotiable instrument.
[01:55:59.240 --> 01:56:04.240]  The security instrument would be assigned or transferred.
[01:56:04.240 --> 01:56:11.240]  Well, the note in any case is no reason to file it in the court record you write, Jeff.
[01:56:11.240 --> 01:56:12.240]  Correct.
[01:56:12.240 --> 01:56:13.240]  Okay.
[01:56:13.240 --> 01:56:19.240]  So the only time you would use that definition of fraudulent is for a document filed in the record,
[01:56:19.240 --> 01:56:27.240]  and that definition of fraudulent only goes to a presumption of irregularity of the document.
[01:56:27.240 --> 01:56:30.240]  I have a question for the caller.
[01:56:30.240 --> 01:56:32.240]  Go ahead, please.
[01:56:32.240 --> 01:56:37.240]  Okay, the current servicer you have is perpetrating these actions.
[01:56:37.240 --> 01:56:43.240]  When he became servicer, was the note already in default?
[01:56:43.240 --> 01:56:46.240]  Yes, the note had long been in default.
[01:56:46.240 --> 01:56:49.240]  Okay, stop for just a moment, please.
[01:56:49.240 --> 01:56:53.240]  By law, he's now a debt collector.
[01:56:53.240 --> 01:56:56.240]  Correct.
[01:56:56.240 --> 01:56:59.240]  Go tear him up.
[01:56:59.240 --> 01:57:04.240]  Okay, you suggest what I need to learn in order to do it, because I may have to do it on my own.
[01:57:04.240 --> 01:57:06.240]  I've had a real hell of a time.
[01:57:06.240 --> 01:57:10.240]  Randy, is it okay if I do this?
[01:57:10.240 --> 01:57:12.240]  Yes.
[01:57:12.240 --> 01:57:14.240]  Do you have a pen and phone paper?
[01:57:14.240 --> 01:57:15.240]  I am.
[01:57:15.240 --> 01:57:16.240]  I'm ready to go.
[01:57:16.240 --> 01:57:19.240]  I'm writing down everything you guys say.
[01:57:19.240 --> 01:57:28.240]  The address is free, letter N, clear.net.
[01:57:28.240 --> 01:57:30.240]  Free and clear.net.
[01:57:30.240 --> 01:57:34.240]  Are you free and clear.net?
[01:57:34.240 --> 01:57:41.240]  Were you talking about subject matter jurisdiction a few minutes ago?
[01:57:41.240 --> 01:57:48.240]  In this case, based on the original complaint, I was talking about the fact that I've already learned from Steve
[01:57:48.240 --> 01:57:56.240]  and from listening to Randy on the radio here that the plaintiffs lacked sufficient standing capacity
[01:57:56.240 --> 01:58:01.240]  to invoke the subject matter jurisdiction report on the face value of their complaint.
[01:58:01.240 --> 01:58:06.240]  So I'm touching on that.
[01:58:06.240 --> 01:58:10.240]  I'd like to make a suggestion to you, if I may.
[01:58:10.240 --> 01:58:11.240]  Very quickly.
[01:58:11.240 --> 01:58:15.240]  We've got less than 40 seconds left in the show.
[01:58:15.240 --> 01:58:19.240]  Go to voidjudgments.net.
[01:58:19.240 --> 01:58:21.240]  Okay.
[01:58:21.240 --> 01:58:25.240]  That's J-U-D-G-E-M-E-N-T-S.net.
[01:58:25.240 --> 01:58:26.240]  Got it.
[01:58:26.240 --> 01:58:30.240]  Versus three or four pages will tell you everything you need to know about void judgments,
[01:58:30.240 --> 01:58:33.240]  including subject matter jurisdiction.
[01:58:33.240 --> 01:58:34.240]  I will do.
[01:58:34.240 --> 01:58:36.240]  Thank you all very, very much.
[01:58:36.240 --> 01:58:37.240]  Absolutely.
[01:58:37.240 --> 01:58:38.240]  Thank you for calling in.
[01:58:38.240 --> 01:58:41.240]  Guys, that's all the time we've got for this Friday.
[01:58:41.240 --> 01:58:46.240]  Thank you to all the listeners for listening and all the callers for calling in.
[01:58:46.240 --> 01:58:47.240]  We'll see you next week.
[01:58:47.240 --> 01:58:50.240]  For Randy Kelton and myself, good night.
[01:58:50.240 --> 01:58:58.240]  Bibles for America is offering absolutely free a unique study Bible called the New Testament Recovery Version.
[01:58:58.240 --> 01:59:04.240]  The New Testament Recovery Version has over 9,000 flip notes that explain what the Bible says verse by verse,
[01:59:04.240 --> 01:59:08.240]  helping you to know God and to know the meaning of life.
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[01:59:11.240 --> 01:59:20.240]  Call us toll free at 888-551-0102 or visit us online at bfa.org.
[01:59:20.240 --> 01:59:26.240]  This translation is highly accurate and it comes with over 13,000 cross references,
[01:59:26.240 --> 01:59:30.240]  plus charts and maps and an outline for every book of the Bible.
[01:59:30.240 --> 01:59:33.240]  This is truly a Bible you can understand.
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[01:59:36.240 --> 01:59:41.240]  call us toll free at 888-551-0102.
[01:59:41.240 --> 01:59:50.240]  That's 888-551-0102 or visit us online at bfa.org.
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