[00:00.000 --> 00:08.000] The following newsflash is brought to you by the Lone Star Lowdown, providing the daily [00:08.000 --> 00:10.000] bulletins for the commodities market. [00:10.000 --> 00:23.000] Today in history, news updates and the inside scoop into the tides of the alternative. [00:23.000 --> 00:29.000] Markets for the 23rd of June, 2015 opened up with gold at $1,177.27 an ounce. [00:29.000 --> 00:31.000] Silver, $15.78 an ounce. [00:31.000 --> 00:34.000] Texas crude, $59.68 a barrel. [00:34.000 --> 00:44.000] And Bitcoin is currently sitting at about 244 U.S. currency. [00:44.000 --> 00:49.000] Today in history, Friday, June 23rd, 1961, the Antarctic Treaty goes into full effect. [00:49.000 --> 00:54.000] It was signed by 12 nation states at the time, and it set aside Antarctica as a scientific preserve, [00:54.000 --> 01:05.000] established freedom of scientific investigation there, and banned all military activity on the continent. [01:05.000 --> 01:09.000] In recent news, a United Nations report released this last Monday accuses both [01:09.000 --> 01:13.000] Israel and Palestinian militant groups of committing war crimes during last summer's [01:13.000 --> 01:16.000] 51-day conflict in the Gaza Strip. [01:16.000 --> 01:19.000] Israeli defense forces have been indiscriminately attacking residential buildings, [01:19.000 --> 01:22.000] as well as medical facilities and infrastructure. [01:22.000 --> 01:26.000] Palestinian rocket attacks were executed to spread terror among the civilian population. [01:26.000 --> 01:32.000] All in all, Palestinian armed groups fired more than 6,600 rockets and mortars towards Israel, [01:32.000 --> 01:35.000] killing six civilians and injuring as many as 1,600, [01:35.000 --> 01:40.000] while Israel carried out roughly 6,000 airstrikes, which killed 2,251 Palestinians. [01:40.000 --> 01:47.000] 1,462 of them were civilians. [01:47.000 --> 01:52.000] Recent findings, according to the annual survey from bankrate.com, pointed to the lowest saving rates [01:52.000 --> 01:55.000] in the United States that have been seen in the last five years. [01:55.000 --> 02:02.000] Roughly 1 in 4 or 29% of people don't have money set aside to cover emergencies, up from 26% from last year. [02:02.000 --> 02:05.000] 20% of people said their savings would not last them longer than three months, [02:05.000 --> 02:08.000] the amount often recommended by financial planners. [02:08.000 --> 02:11.000] At the same time, the number of people with savings is down. [02:11.000 --> 02:21.000] About 22% of people had enough cash to cover six months of expenses, the lowest level in five years. [02:21.000 --> 02:24.000] Several Confederate statues around the United States have been defaced [02:24.000 --> 02:28.000] with spray paint saying slogans like Black Lives Matter and hashtag racist, [02:28.000 --> 02:31.000] a statue of John C. Calhoun in Charleston, South Carolina, [02:31.000 --> 02:35.000] another statue across the street from the Maryland Institute College of Art, [02:35.000 --> 02:38.000] and the University of Texas at Austin was not spared. [02:38.000 --> 02:45.000] The statue of Jefferson Davis and two others were vandalized there as well. [02:45.000 --> 02:48.000] The Lone Star Lowdown is currently looking for sponsors, [02:48.000 --> 02:51.000] so if you have a product or a service that you'd like to advertise, [02:51.000 --> 02:56.000] feel free to give us a call at 210-863-5617. [02:56.000 --> 03:17.000] This has been your Lowdown for June 23, 2015. [03:17.000 --> 03:37.000] Okay, we are back. [03:37.000 --> 03:44.000] Randy Kelton, Wheels Law Radio, and we're talking to Mike in Texas. [03:44.000 --> 03:51.000] I'm getting them set up, kind of working through the details. [03:51.000 --> 03:55.000] I filed a set of criminal complaints against a Dallas County District Attorney [03:55.000 --> 04:01.000] with Tarrant County District, with the Tarrant County Grand Jury. [04:01.000 --> 04:06.000] I received a letter from the former jury. [04:06.000 --> 04:12.000] Matter of fact, I have it right here. [04:12.000 --> 04:15.000] Let me read it to you. [04:15.000 --> 04:23.000] We Grand Jury Tarrant County Texas have reviewed the document to consider the Grand Jury. [04:23.000 --> 04:28.000] As served by the County, we give all correspondence and complaints [04:28.000 --> 04:31.000] sent to us our utmost attention. [04:31.000 --> 04:34.000] Texas Code of Criminal Procedure Article 20.09 states that [04:34.000 --> 04:39.000] the Grand Jury shall inquire into all offenses liable to indictment [04:39.000 --> 04:43.000] of which any member may have knowledge, of which they shall be informed [04:43.000 --> 04:50.000] by the attorney representing the state or any other credible person. [04:50.000 --> 04:53.000] Upon consideration of your material you provided, [04:53.000 --> 04:59.000] we do not find a Tarrant County offense liable to indictment under the Texas law. [04:59.000 --> 05:03.000] Thank you for your correspondence. [05:03.000 --> 05:08.000] So, Mike, what is wrong with that picture? [05:08.000 --> 05:13.000] There's no limitations on the jurisdiction of a Grand Jury [05:13.000 --> 05:16.000] other than the boundaries of Texas. [05:16.000 --> 05:21.000] Yeah. He quoted 20.09. [05:21.000 --> 05:36.000] What part of all offenses liable to indictment is hard for you to understand, Mr. Foreman? [05:36.000 --> 05:41.000] Oh, what I know is that the Foreman sent me this letter. [05:41.000 --> 05:48.000] I don't know if the Grand Jury actually acted in bank. [05:48.000 --> 05:54.000] Wow. And how can you become a legal expert? [05:54.000 --> 06:00.000] So, what to do? [06:00.000 --> 06:04.000] Suggestions? [06:04.000 --> 06:09.000] File a criminal affidavit against the Foreman. [06:09.000 --> 06:12.000] Exactly. [06:12.000 --> 06:14.000] Okay, I did some research. [06:14.000 --> 06:17.000] Okay, this is what I think happened. [06:17.000 --> 06:22.000] Since the prosecuting attorney, I made it clear to the prosecuting attorney [06:22.000 --> 06:26.000] that in the case of a complaint against a public official, [06:26.000 --> 06:31.000] prosecuting attorney totally lacked discretion. [06:31.000 --> 06:34.000] If they're made known, the law relate to his office, [06:34.000 --> 06:37.000] they shall reduce complaint to an information submitted to the Grand Jury. [06:37.000 --> 06:39.000] So, they have no option. [06:39.000 --> 06:49.000] And under 20.09, the Grand Jury can be made known of crime by any other credible person [06:49.000 --> 06:57.000] and by definition, a credible person over 18, never been convicted of a felony. [06:57.000 --> 07:06.000] So, what I think happened was is that the district attorney stood aside [07:06.000 --> 07:10.000] and had no part in this. [07:10.000 --> 07:13.000] So, the Grand Jury needed some advice. [07:13.000 --> 07:18.000] So, where would they go to get their advice? [07:18.000 --> 07:22.000] The judge that impaneled them. [07:22.000 --> 07:24.000] Oh, okay. [07:24.000 --> 07:33.000] So, guess who I filed my criminal complaint with? [07:33.000 --> 07:37.000] Welcome to the deep end of the pool. [07:37.000 --> 07:43.000] So, now what's going to happen when I go to the Grand Jury [07:43.000 --> 07:50.000] with criminal charges against the district judge who impaneled that Grand Jury, [07:50.000 --> 08:04.000] including him with not holding an examining trial on the foreman of the prior Grand Jury. [08:04.000 --> 08:06.000] This should get interesting. [08:06.000 --> 08:07.000] And this is the problem. [08:07.000 --> 08:11.000] This is the thing I keep trying to demonstrate. [08:11.000 --> 08:16.000] And what you've seen is when these guys start screwing up, [08:16.000 --> 08:21.000] it seems like everything they do compounds the problem. [08:21.000 --> 08:30.000] If you're paying attention, you go in, you try to get a government agency to do what they're... [08:30.000 --> 08:36.000] So, you get all upset and frustrated and feel mistreated. [08:36.000 --> 08:38.000] No, no, no, no. [08:38.000 --> 08:41.000] Never ask a public official to do anything you actually want them to do [08:41.000 --> 08:48.000] because the kids go in and clobber them good when they don't. [08:48.000 --> 08:56.000] So, I filed that, I gave that to the judge's coordinator. [08:56.000 --> 09:03.000] I'll give that about a week and go to the district court [09:03.000 --> 09:09.000] and see if I find a sealed up document from this judge [09:09.000 --> 09:17.000] with my complaints in it the way as 1730 requires. [09:17.000 --> 09:20.000] After an examining trial, [09:20.000 --> 09:22.000] and when a judge is made known that a crime has been committed, [09:22.000 --> 09:28.000] he has a duty to keep the peace in the county, 2.10. [09:28.000 --> 09:32.000] When a judge sits for the purpose of examining into a criminal accusation, [09:32.000 --> 09:35.000] that is an examining trial, 2.11. [09:35.000 --> 09:42.000] The examining trial is held under Chapter 16, a whole chapter. [09:42.000 --> 09:46.000] After the examining trial, the judge is required to issue an order stating [09:46.000 --> 09:52.000] whether he committed a crime, bound him to the court, [09:52.000 --> 09:56.000] remanded him to the jail or released him on bond. [09:56.000 --> 09:58.000] Then he is to seal up all documents, [09:58.000 --> 10:03.000] had his name to be written across the seal of the envelope [10:03.000 --> 10:05.000] and forwarded it to the clerk of the court of jurisdiction. [10:05.000 --> 10:10.000] In this case, it would be the district court, the district court clerk. [10:10.000 --> 10:14.000] That's 17.30, Texas Code of Criminal Procedure. [10:14.000 --> 10:19.000] 17.31 says the clerk shall keep all these papers safe [10:19.000 --> 10:23.000] and deliver them up to the next grand jury. [10:23.000 --> 10:27.000] So, if I go to the clerk of the court [10:27.000 --> 10:33.000] and ask to see any complaints filed with the clerk [10:33.000 --> 10:43.000] that was sent to her in a sealed up envelope by this Judge Elizabeth Beach, [10:43.000 --> 10:51.000] and I don't find one, that gives me reasonable probable cause, [10:51.000 --> 10:56.000] Judge Beach failed to perform her duty as a magistrate [10:56.000 --> 11:00.000] in the process that I've been full three access to, [11:00.000 --> 11:07.000] and bring it to my right to the equal protection of the laws. [11:07.000 --> 11:12.000] So, this should get interesting. [11:12.000 --> 11:16.000] That's going to get interesting really fast. [11:16.000 --> 11:20.000] This is the point is we're demonstrating, [11:20.000 --> 11:30.000] we're going to start playing fast and loose with a corpus juris as well structured as this one. [11:30.000 --> 11:40.000] All the cracked crannies have been filled by Richard Code [11:40.000 --> 11:44.000] to scare the poop out of the grand jury [11:44.000 --> 11:47.000] and out of the prosecuting attorney, [11:47.000 --> 11:56.000] and they're not going to want me filing criminal charges against their performance. [11:56.000 --> 11:58.000] That's going to get them real excited. [11:58.000 --> 12:01.000] They're going to have a hard time cheating grand juries [12:01.000 --> 12:08.000] if the grand jury goes to the judge and the judge tells them what to do, [12:08.000 --> 12:14.000] and they do what the judge says and then get criminal charges filed against them for it. [12:14.000 --> 12:22.000] That should get interesting. [12:22.000 --> 12:28.000] But if you do this right, you'll get a precedent set [12:28.000 --> 12:36.000] so that these prosecutors begin to give notice to grand jurors [12:36.000 --> 12:41.000] because they're not going to want grand jurors to be facing criminal [12:41.000 --> 12:52.000] prosecution for doing what these judges and prosecutors have been telling them to do for the last 20 years. [12:52.000 --> 12:54.000] So we start going after grand jury members. [12:54.000 --> 12:57.000] They're not going to be able to seat one. [12:57.000 --> 13:00.000] Back to politics. [13:00.000 --> 13:05.000] So let's see if we can't work a little politics in the mix. [13:05.000 --> 13:06.000] I agree. [13:06.000 --> 13:07.000] Politics is there. [13:07.000 --> 13:11.000] Politics is the mechanism. [13:11.000 --> 13:14.000] Politics is everything's political. [13:14.000 --> 13:15.000] Yeah. [13:15.000 --> 13:16.000] Okay. [13:16.000 --> 13:27.000] Keep us up to date, Mike, and it looks like what you're doing is for about the time what I'm doing matures. [13:27.000 --> 13:29.000] It's taking mine a while, and you have to file the complaints [13:29.000 --> 13:33.000] and wait for it to mature and then come back and do the next one. [13:33.000 --> 13:38.000] Well, this last one, the one with the complaint against the foreman of the grand jury, [13:38.000 --> 13:43.000] should get really interesting because I know that judge is going to go to the district attorney [13:43.000 --> 13:45.000] and say, what is going on here? [13:45.000 --> 13:54.000] And she's going to tell him who this guy is and pepper him with these criminal complaints [13:54.000 --> 13:58.000] and that he knows the code better than we do. [13:58.000 --> 14:03.000] It'll be interesting to see what they try to do. [14:03.000 --> 14:10.000] And it's interesting that this is also a female judge. [14:10.000 --> 14:11.000] We get offered up. [14:11.000 --> 14:13.000] I don't care to get this. [14:13.000 --> 14:19.000] I certainly don't want the foreman of the grand jury indicted, [14:19.000 --> 14:27.000] but I do want an equity legal advice. [14:27.000 --> 14:29.000] If we can get the next... [14:29.000 --> 14:39.000] I will refile this complaint against Craig Watkins with a Tarrant County group and jury, [14:39.000 --> 14:43.000] which will also include a criminal complaint against the foreman of the last one [14:43.000 --> 14:47.000] for not examining into the accusation. [14:47.000 --> 14:51.000] We'll see how this one shakes out. [14:51.000 --> 14:56.000] It shakes out right, and we're good to go. [14:56.000 --> 14:58.000] Okay. Thank you, Mike. [14:58.000 --> 15:00.000] Thank you, Randy. [15:00.000 --> 15:04.000] Now we're going to go to Paul in Texas. [15:04.000 --> 15:06.000] Hello, Paul. [15:06.000 --> 15:09.000] Hello. Can you hear me? [15:09.000 --> 15:11.000] Yes, I can. [15:11.000 --> 15:16.000] Okay. If you want me to try a different kind of connection, [15:16.000 --> 15:20.000] I can try my speaker phone or else I can just leave it off. [15:20.000 --> 15:21.000] No, you sound pretty good. [15:21.000 --> 15:24.000] Yeah, leave the speaker phone off. [15:24.000 --> 15:25.000] Okay. [15:25.000 --> 15:30.000] That makes it sound like you have your head in the toilet. [15:30.000 --> 15:34.000] Well, generally speaking, I use the speaker phone [15:34.000 --> 15:41.000] because I have difficulty with this old flip phone, but it's off right now. [15:41.000 --> 15:43.000] Okay. Why am I calling? [15:43.000 --> 15:47.000] I just had my 79th birthday. [15:47.000 --> 15:52.000] I... [15:52.000 --> 15:53.000] Wait a minute. [15:53.000 --> 15:58.000] You're actually older than me? [15:58.000 --> 16:01.000] It's not very often I run into somebody older than me. [16:01.000 --> 16:03.000] I'm beginning to realize it. [16:03.000 --> 16:05.000] You know, I haven't paid attention. [16:05.000 --> 16:10.000] And one day I woke up to the fact that I have an excuse [16:10.000 --> 16:14.000] for not being able to take care of business. [16:14.000 --> 16:16.000] And that is what's going on here. [16:16.000 --> 16:20.000] Okay, I'll be 80 years old in less than a year. [16:20.000 --> 16:27.000] I'm having a lot of trouble with Social Security Administration. [16:27.000 --> 16:30.000] Okay, I'm going to kind of be stuttering here [16:30.000 --> 16:34.000] because I'm going to be making reference to a letter that I wrote. [16:34.000 --> 16:39.000] I wrote a letter to a congressman, Roger Williams. [16:39.000 --> 16:42.000] Okay, hold on, hold on, we're about to go to break. [16:42.000 --> 16:44.000] We'll pick this up on the other side. [16:44.000 --> 16:51.000] Randy Kelton, Rue La Radio, our college number, 512-646-1984. [16:51.000 --> 17:00.000] We'll be right back. 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[18:41.000 --> 18:44.000] For more information, please visit ruleoflawradio.com [18:44.000 --> 18:47.000] and click on the blue Michael Mears banner [18:47.000 --> 18:50.000] or email michaelmears at yahoo.com. [18:50.000 --> 18:52.000] That's ruleoflawradio.com [18:52.000 --> 18:57.000] or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com [18:57.000 --> 19:00.000] to learn how to stop debt collectors next. [19:00.000 --> 19:07.000] You are listening to the Logos Radio Network, [19:07.000 --> 19:12.000] www.logosradionetwork.com. [19:12.000 --> 19:15.000] Well, don't let nothing get to you. [19:15.000 --> 19:18.000] Only the father can do it for you. [19:18.000 --> 19:21.000] Don't let bad-minded people hurt you. [19:21.000 --> 19:24.000] Have justice and get behind them. [19:24.000 --> 19:27.000] Know what I mean, my friend? [19:27.000 --> 19:31.000] Knowledge our children. [19:31.000 --> 19:35.000] Telling you problems and things. [19:35.000 --> 19:37.000] Okay, we are back. [19:37.000 --> 19:40.000] Randy Kelton, Rule of Law Radio. [19:40.000 --> 19:42.000] Randy, Paul in Texas. [19:42.000 --> 19:46.000] Okay, you're having issues with social security. [19:46.000 --> 19:49.000] Right, okay. [19:49.000 --> 19:53.000] Okay, first of all, if I need to leave you a message, [19:53.000 --> 19:59.000] I infer from what you said earlier that it's not easy to leave you an email [19:59.000 --> 20:06.000] or a telephone number because your system was messed up. [20:06.000 --> 20:09.000] Is there a way to leave you a message if I need to? [20:09.000 --> 20:12.000] Yes, ruleoflawradio.com, [20:12.000 --> 20:15.000] randy at ruleoflawradio.com. [20:15.000 --> 20:16.000] That one's working. [20:16.000 --> 20:18.000] It's on a different server. [20:18.000 --> 20:27.000] Okay, randy at ruleoflawradio.com. [20:27.000 --> 20:33.000] Okay, and then do you have a telephone number or is that secret? [20:33.000 --> 20:36.000] Well, I give it out sometimes. [20:36.000 --> 20:39.000] Just send me an email and I will send it back to you. [20:39.000 --> 20:41.000] Okay, sounds good. [20:41.000 --> 20:47.000] Okay, and I think what I'm asking for is a reference to somebody [20:47.000 --> 20:51.000] who may have some expertise in how social security operates. [20:51.000 --> 20:54.000] But let me tell you the story. [20:54.000 --> 20:58.000] Okay, some information. [20:58.000 --> 21:02.000] Medicare has what they call Part A and Part B. [21:02.000 --> 21:08.000] Part A is supposedly expenses that you incur when you're in the hospital, [21:08.000 --> 21:13.000] and Part B is expenses that you have to pay to doctors. [21:13.000 --> 21:18.000] Well, it turns out that I had to go to the hospital while I did not have Part B, [21:18.000 --> 21:25.000] and it cost me a fortune because the doctors send their bills to me, [21:25.000 --> 21:32.000] even though there is that. [21:32.000 --> 21:39.000] Anyway, definitely all items are not paid by Part A when you're in the hospital. [21:39.000 --> 21:52.000] Okay, what this revolves around is when you don't have Part B for as much as a year, [21:52.000 --> 21:57.000] they can penalize you 10% for the rest of your life. [21:57.000 --> 22:08.000] As an example, if I get a $1,500 check every month for my social security, [22:08.000 --> 22:13.000] then for a whole year they would take 10% off that every single month, [22:13.000 --> 22:17.000] and that would go on forever until I die. [22:17.000 --> 22:20.000] Well, that's what happened. [22:20.000 --> 22:26.000] In fact, I found out recently in the midst of, you know, within the past year [22:26.000 --> 22:31.000] that I have already had a 10% penalty, and I never even knew it. [22:31.000 --> 22:35.000] I'll get to that later. [22:35.000 --> 22:38.000] Okay, in 2013 I went to California. [22:38.000 --> 22:39.000] I was there for eight months. [22:39.000 --> 22:44.000] I came back, found my post office box had expired, [22:44.000 --> 22:49.000] and my checks had been coming to my post office box. [22:49.000 --> 22:56.000] So the post office sent them back to Social Security. [22:56.000 --> 22:57.000] So I came to town. [22:57.000 --> 22:59.000] I found out what happened. [22:59.000 --> 23:03.000] I was able to get my old post office box. [23:03.000 --> 23:10.000] And then I went to Social Security, and I told them what happened, [23:10.000 --> 23:18.000] and she said, well, all we need to do is just correct your address. [23:18.000 --> 23:23.000] And I said, oh, yes, I would like to do that, most definitely. [23:23.000 --> 23:28.000] There's another item also, and that is that I haven't been taking this pair of business for, [23:28.000 --> 23:34.000] I can't remember how long, and there are a bunch of uncashed checks. [23:34.000 --> 23:40.000] And so the woman I was speaking to pulled up a database, [23:40.000 --> 23:46.000] and she was able to identify every check all the way back to 2002 [23:46.000 --> 23:51.000] and whether it had been checked or cashed or not. [23:51.000 --> 24:00.000] Well, now, that was in 2014, that February 2014 that meeting took place. [24:00.000 --> 24:04.000] I still haven't seen any of those old checks. [24:04.000 --> 24:10.000] I've been to Social Security five or six times. [24:10.000 --> 24:17.000] And okay, I lost the train of thought for a minute. [24:17.000 --> 24:19.000] Okay, I came back to Boston. [24:19.000 --> 24:24.000] I reinstated my post office box to Social Security. [24:24.000 --> 24:32.000] I went into Social Security, and the woman I spoke to gave me – [24:32.000 --> 24:40.000] she gave me a form to fill out. [24:40.000 --> 24:42.000] We can track what I'm thinking about here. [24:42.000 --> 24:49.000] It's such a detailed story. [24:49.000 --> 24:54.000] Only give us the details we really need so that it doesn't take too long, [24:54.000 --> 24:56.000] because I'm old. [24:56.000 --> 25:00.000] I'm going to lose the train of thought. [25:00.000 --> 25:05.000] And my mama tells me it ain't going to get better. [25:05.000 --> 25:06.000] Okay, go ahead. [25:06.000 --> 25:15.000] Okay, well, at any rate, the woman I spoke to said everything is going to be all hunky-dory. [25:15.000 --> 25:18.000] So I went home feeling everything was going to be hunky-dory. [25:18.000 --> 25:22.000] But I didn't go back to my post office box for another three months. [25:22.000 --> 25:26.000] And when I did, I found disaster there. [25:26.000 --> 25:35.000] And the disaster was that they changed how my Medicare was being paid for. [25:35.000 --> 25:40.000] And ordinarily, they take – they automatically take, I don't know, [25:40.000 --> 25:46.000] $120, $130 out of your Social Security check, [25:46.000 --> 25:54.000] and they send that off to Medicare to pay for your Medicare. [25:54.000 --> 25:56.000] And they do that automatically. [25:56.000 --> 26:02.000] Well, what I found in my post office box was bills for Medicare premiums. [26:02.000 --> 26:09.000] Normally, when they stopped issuing the Part A checks, [26:09.000 --> 26:17.000] they didn't – they weren't getting the – they decided not to get the money. [26:17.000 --> 26:19.000] Well, they didn't decide anything, [26:19.000 --> 26:25.000] but they stopped getting the Medicare payments out of the Social Security checks. [26:25.000 --> 26:26.000] Okay, hold on. [26:26.000 --> 26:32.000] This is getting long and complex, but it also goes to an area of law [26:32.000 --> 26:35.000] I'm not terribly familiar with. [26:35.000 --> 26:40.000] However, next week we will probably put it in an archive. [26:40.000 --> 26:47.000] But on the 10th, I will have a lawyer on the show with me, [26:47.000 --> 26:53.000] and she would be a really good person to run this by. [26:53.000 --> 26:55.000] On the 10th, you say? [26:55.000 --> 26:58.000] On the 10th, yes. [26:58.000 --> 27:00.000] Okay. [27:00.000 --> 27:03.000] Next Friday night show is the 3rd of July. [27:03.000 --> 27:08.000] We'll probably all be drunk by then, or maybe not. [27:08.000 --> 27:10.000] Okay, I know I can't wait that long. [27:10.000 --> 27:14.000] If I could talk to her ahead of time, that might be very helpful. [27:14.000 --> 27:15.000] Okay. [27:15.000 --> 27:19.000] Can you – [27:19.000 --> 27:20.000] What? [27:20.000 --> 27:23.000] Can you write this up and e-mail it to me? [27:23.000 --> 27:29.000] Because it's a little too complex for me to sort out in a dialogue. [27:29.000 --> 27:30.000] Okay. [27:30.000 --> 27:32.000] Because it kind of dropped the facts. [27:32.000 --> 27:35.000] I need something where I can read it and go back and check what I've missed. [27:35.000 --> 27:40.000] This is going to be a bit – [27:40.000 --> 27:47.000] Okay, I do have just a Word document, which is like an eight-page letter, [27:47.000 --> 27:49.000] which pretty well has all the details. [27:49.000 --> 27:50.000] Perfect. [27:50.000 --> 27:53.000] I could snail mail it to you. [27:53.000 --> 28:03.000] Well, can you – do you have a scanner where you can scan this in? [28:03.000 --> 28:05.000] Well, let me make a suggestion. [28:05.000 --> 28:09.000] This is a suggestion that I made to Robert Fox. [28:09.000 --> 28:14.000] Go out into the street and flag down the first 10-year-old you see, [28:14.000 --> 28:18.000] and I have explained to you this is the 21st century. [28:18.000 --> 28:23.000] I have to do that on a regular basis. [28:23.000 --> 28:30.000] You can probably take this to a library or an office depot. [28:30.000 --> 28:33.000] They can scan it and e-mail it. [28:33.000 --> 28:39.000] Snail mail work could just take you a little longer to get to me. [28:39.000 --> 28:48.000] But anyway, what happened was they stopped paying my Part B Medicare, [28:48.000 --> 28:51.000] and they stopped it May of last year. [28:51.000 --> 28:54.000] So I've been without Medicare for over a year. [28:54.000 --> 29:01.000] And I've been – every Social Security agent, except for one, says, [29:01.000 --> 29:04.000] oh, don't worry, it will clear itself up. [29:04.000 --> 29:05.000] It takes about a month. [29:05.000 --> 29:08.000] Everything works slow here at Social Security, except for one. [29:08.000 --> 29:15.000] And this woman said, no, you didn't get your post office box for three months, [29:15.000 --> 29:19.000] so it's your fault that we cut off your Part B. [29:19.000 --> 29:21.000] Okay. [29:21.000 --> 29:26.000] These are the kinds of things that could be relatively easy for someone [29:26.000 --> 29:32.000] familiar with Social Security to remedy. [29:32.000 --> 29:41.000] We're old, you know, we miss the things, and to denounce the benefits [29:41.000 --> 29:46.000] of this kind of thing is not the kind of thing that's going to fly. [29:46.000 --> 29:52.000] There has to be effective remedy for this. [29:52.000 --> 29:54.000] So get that literature. [29:54.000 --> 30:04.000] We're about to go to break again. [30:04.000 --> 30:08.000] People eat at McDonald's because it's a lot cheaper than a wholesome meal at home. [30:08.000 --> 30:09.000] But is it really? [30:09.000 --> 30:12.000] I'm Dr. Catherine Albrecht, and I'll set the record straight [30:12.000 --> 30:15.000] on which hits your wallet harder next. [30:15.000 --> 30:17.000] Privacy is under attack. [30:17.000 --> 30:20.000] When you give up data about yourself, you'll never get it back again. [30:20.000 --> 30:25.000] And once your privacy is gone, you'll find your freedoms will start to vanish too. [30:25.000 --> 30:30.000] So protect your rights, say no to surveillance, and keep your information to yourself. [30:30.000 --> 30:33.000] Privacy, it's worth hanging on to. [30:33.000 --> 30:36.000] This public service announcement is brought to you by StartPage.com, [30:36.000 --> 30:40.000] the private search engine alternative to Google, Yahoo, and Bing. [30:40.000 --> 30:44.000] Start over with StartPage. [30:44.000 --> 30:46.000] Why are Americans overweight? [30:46.000 --> 30:51.000] We're often told it's because fattening junk food is the only thing low-income families can afford. [30:51.000 --> 30:53.000] But let's set the record straight. [30:53.000 --> 30:57.000] Processed food is actually way more expensive than food cooked at home. [30:57.000 --> 31:01.000] Example, feeding a family of four at Mickey D's costs about $30. [31:01.000 --> 31:06.000] At home, a roasted chicken with potatoes and a salad costs less than half that. [31:06.000 --> 31:08.000] Plus, it's a lot healthier. [31:08.000 --> 31:11.000] Truth is, most people aren't able to afford real food. [31:11.000 --> 31:14.000] It's the cooking we don't like, because we view it as backbreaking work. [31:14.000 --> 31:18.000] We need to start appreciating the pleasures of a warm, savory kitchen [31:18.000 --> 31:21.000] and the closeness that comes from nourishing our families. [31:21.000 --> 31:26.000] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [31:31.000 --> 31:34.000] Did you know there are 3 million edible food plants on Earth, [31:34.000 --> 31:37.000] and none have the nutritional value of the hemp plant? [31:37.000 --> 31:40.000] HempUSA.org offers you hemp protein powder. [31:40.000 --> 31:42.000] It does not contain chemicals or THC. [31:42.000 --> 31:45.000] It's non-GMO and is 100% gluten-free. [31:45.000 --> 31:49.000] Hemp protein powder burns fat, builds muscle, contains 53% protein, [31:49.000 --> 31:52.000] and feeds the body the nutrients it needs. [31:52.000 --> 31:58.000] Call 888-910-4367 and see what our powder, seeds, and oil can do for you. [31:58.000 --> 32:01.000] Only at HempUSA.org. [32:02.000 --> 32:05.000] Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar. [32:05.000 --> 32:08.000] In today's America, we live in an us-against-them society. [32:08.000 --> 32:10.000] If we, the people, are ever going to have a free society, [32:10.000 --> 32:13.000] then we're going to have to stand and defend our own rights. [32:13.000 --> 32:15.000] Among those rights are the right to travel freely from place to place, [32:15.000 --> 32:17.000] the right to act in our own private capacity, [32:17.000 --> 32:20.000] and most importantly, the right to due process of law. [32:20.000 --> 32:22.000] Traffic courts afford us the least expensive opportunity [32:22.000 --> 32:25.000] to learn how to enforce and preserve our rights through due process. [32:25.000 --> 32:29.000] Former Sheriff's Deputy, Eddie Craig, in conjunction with Rule of Law Radio, [32:29.000 --> 32:31.000] has put together the most comprehensive teaching tool available [32:31.000 --> 32:33.000] that will help you understand what due process is [32:33.000 --> 32:35.000] and how to hold courts to the rule of law. [32:35.000 --> 32:37.000] You can get your own copy of this invaluable material [32:37.000 --> 32:41.000] by going to ruleoflawradio.com and ordering your copy today. [32:41.000 --> 32:43.000] By ordering now, you'll receive a copy of Eddie's book, [32:43.000 --> 32:45.000] The Texas Transportation Code, The Law Versus the Lie, [32:45.000 --> 32:48.000] video and audio of the original 2009 seminar, [32:48.000 --> 32:51.000] hundreds of research documents, and other useful resource material. [32:51.000 --> 32:55.000] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:55.000 --> 33:00.000] Order your copy today, and together we can have the free society we all want and deserve. [33:00.000 --> 33:06.000] Live, free speech radio, logosradio.com. [33:30.000 --> 33:44.000] Okay, we are back. [33:44.000 --> 33:47.000] Randy Kelton, Rule of Law Radio. [33:47.000 --> 33:52.000] And we're talking to Paul in Texas. [33:52.000 --> 33:54.000] Okay. [33:54.000 --> 34:05.000] I'll get this to you somehow, this letter, which tells all the details. [34:05.000 --> 34:10.000] Could you put me in touch with this woman who you might think might be a good expert, [34:10.000 --> 34:16.000] because I'm going to have to go to Social Security office tomorrow or this next week, [34:16.000 --> 34:20.000] because July the 1st is a significant date for them, [34:20.000 --> 34:30.000] because I had to re-enroll for Part B in open enrollment, [34:30.000 --> 34:36.000] which was the first three months of this year, and it's supposed to happen. [34:36.000 --> 34:46.000] That is the new reinstatement of Part B Medicare on July the 1st. [34:46.000 --> 34:55.000] And the way it looks right now, it looks like they're going to dock me 20% now, [34:55.000 --> 34:59.000] but another 10% off of my benefits. [34:59.000 --> 35:03.000] You should be able to get that fixed. [35:03.000 --> 35:07.000] That's not the kind of thing we can do to people as they age, [35:07.000 --> 35:11.000] because it becomes more difficult to handle these details, [35:11.000 --> 35:14.000] and to penalize you for that is just unconscionable. [35:14.000 --> 35:18.000] So, yeah, find a way to get that to me. [35:18.000 --> 35:23.000] See if you've got someone who can e-mail that, scan that and e-mail it to me. [35:23.000 --> 35:27.000] Most people who have a printer have a scanner on them these days, [35:27.000 --> 35:33.000] so they can just drop it on their printer, scan it in, and send it right to me. [35:33.000 --> 35:35.000] Okay. All right. [35:35.000 --> 35:39.000] Well, I'll send you an e-mail. [35:39.000 --> 35:45.000] In the e-mail, I'm going to ask you to put me in touch with this woman who you think is an expert. [35:45.000 --> 35:49.000] Yeah, let me go ahead and give you my phone number. [35:49.000 --> 36:00.000] It's 90399922. [36:00.000 --> 36:04.000] Give me a call tomorrow, and I will talk to her and get you in touch with her. [36:04.000 --> 36:07.000] Give me the whole thing. [36:07.000 --> 36:24.000] Okay, 940-399-399-9922. [36:24.000 --> 36:29.000] Okay, 940-399-9922. [36:29.000 --> 36:31.000] Yes. [36:31.000 --> 36:33.000] Okay. All right. Thank you very much. [36:33.000 --> 36:37.000] We'll get it worked out. Okay. Thank you for calling. [36:37.000 --> 36:40.000] Okay, now we're going to go to Barbara in Texas. [36:40.000 --> 36:44.000] Barbara, I have been digging through e-mails. [36:44.000 --> 36:52.000] I saw that e-mail you sent me, and I was about 200 e-mails down, and I still haven't found it. [36:52.000 --> 36:55.000] Oh, wow. [36:55.000 --> 36:57.000] I get a lot of e-mails. [36:57.000 --> 37:02.000] I can see. Oh, wow. [37:02.000 --> 37:07.000] Okay, bring me up to speed. [37:07.000 --> 37:16.000] Okay, I can't hear you. You're going in and out. [37:16.000 --> 37:19.000] Okay, yours is a foreclosure issue. [37:19.000 --> 37:26.000] Right, right, and I have a hearing this coming Monday with a temporary restraining order, [37:26.000 --> 37:33.000] and I went down to the county records, and even though, you know, you said that you hadn't gotten all this stuff, [37:33.000 --> 37:40.000] I downloaded everything and sent all that information. [37:40.000 --> 37:47.000] I guess do you want me to resend it, because I know you were going to tell me exactly, [37:47.000 --> 37:55.000] basically what to do for Monday for the hearing with the temporary restraining order? [37:55.000 --> 37:59.000] Okay, temporary restraining order. [37:59.000 --> 38:04.000] Do you have the format for how to write one? [38:04.000 --> 38:17.000] Well, I actually did the temporary restraining order, and now I have a hearing for Monday, and I sent it. [38:17.000 --> 38:23.000] Okay, well, this is just an evidentiary hearing. [38:23.000 --> 38:26.000] Right. [38:26.000 --> 38:33.000] Everything you needed should have been in the petition. [38:33.000 --> 38:35.000] Okay. [38:35.000 --> 38:41.000] What are your grounds for the temporary restraining order? [38:41.000 --> 38:49.000] Well, basically, I put a lot of different key points in it. [38:49.000 --> 38:54.000] One of them had to do with, like, it started off with the original, [38:54.000 --> 39:02.000] even the original lender that was actually forfeited from doing business in the state of Texas [39:02.000 --> 39:09.000] that the secretary of state had forfeited them six months before I even, you know, [39:09.000 --> 39:16.000] set up the table as far as to close on the property. [39:16.000 --> 39:22.000] Okay, wait a minute, wait a minute. [39:22.000 --> 39:26.000] What court are you going before with this? [39:26.000 --> 39:32.000] This one is in the county, because I got a notice on the door, you know, [39:32.000 --> 39:41.000] one of those 24-hour notices to vacate, so I did an ex parte temporary, you know, [39:41.000 --> 39:46.000] restraining that petition, and then now I'm hearing... [39:46.000 --> 39:49.000] Okay, that means there's already been a foreclosure sale. [39:49.000 --> 39:54.000] Yes, yes, yes. [39:54.000 --> 40:05.000] And have you prepared a wrongful foreclosure suit yet? [40:05.000 --> 40:14.000] I've done that before in the federal, because at that time I had an attorney help me, [40:14.000 --> 40:24.000] but it ended up going bad, and the judge had it where I could not. [40:24.000 --> 40:27.000] I'm trying to think of the word I'm trying to say. [40:27.000 --> 40:30.000] Collateral estoppel? [40:30.000 --> 40:32.000] No, no, he put it where I could not. [40:32.000 --> 40:37.000] What did the judge rule against you in your case? [40:37.000 --> 40:40.000] What were the issues he ruled on? [40:40.000 --> 40:45.000] On that, he said, fell to present a claim. [40:45.000 --> 40:49.000] He also did it where I could not. [40:49.000 --> 40:50.000] I'm trying to think of the word. [40:50.000 --> 40:52.000] It's such a simple word. [40:52.000 --> 40:54.000] It was with prejudice. [40:54.000 --> 40:55.000] Prejudice. [40:55.000 --> 40:58.000] I'm also the same person that had a jury trial, [40:58.000 --> 41:03.000] and the judge made a ruling while the jury was still in the back room. [41:03.000 --> 41:06.000] That's me too. [41:06.000 --> 41:11.000] Okay, let's go back to the federal case. [41:11.000 --> 41:16.000] What were your causes of action in the federal claim? [41:16.000 --> 41:21.000] Well, on the federal case, we had wrongful foreclosure. [41:21.000 --> 41:23.000] We had fraud. [41:23.000 --> 41:24.000] He had a whole... [41:24.000 --> 41:25.000] No, no, no, wait. [41:25.000 --> 41:26.000] Wrongful foreclosure. [41:26.000 --> 41:29.000] What were the claims? [41:29.000 --> 41:31.000] What were the issues? [41:31.000 --> 41:35.000] What I'm looking for is res judicata. [41:35.000 --> 41:37.000] What was actually ruled against? [41:37.000 --> 41:44.000] What arguments did you make that got a ruling against you? [41:44.000 --> 41:48.000] Wrongful foreclosure is way too general in bank. [41:48.000 --> 41:55.000] Yeah, it's been a while since that whole thing had came about. [41:55.000 --> 42:00.000] I would have to actually pull it now. [42:00.000 --> 42:01.000] I'll be honest with you. [42:01.000 --> 42:02.000] I can't remember. [42:02.000 --> 42:03.000] Okay. [42:03.000 --> 42:10.000] That is going to govern the claims you can make now because you'll be subject to res judicata. [42:10.000 --> 42:17.000] Already adjudicated once, an issue had been adjudicated against you. [42:17.000 --> 42:22.000] If it wasn't appealed or if it was appealed and was upheld on the appeal, [42:22.000 --> 42:26.000] it becomes collateral estoppel. [42:26.000 --> 42:34.000] It becomes res judicata, but a form of res judicata is lateral estoppel. [42:34.000 --> 42:40.000] You're collateral estoppel from bringing those claims a second time because they've already been ruled on. [42:40.000 --> 42:49.000] It's really important to know what the claims were in the wrongful foreclosure suit. [42:49.000 --> 42:55.000] A lot of this goes to what year was it? [42:55.000 --> 43:01.000] That was in 2013. [43:01.000 --> 43:02.000] 2013. [43:02.000 --> 43:03.000] Okay, good, good. [43:03.000 --> 43:15.000] Because the 2011 Venue and Removal Application Act went into effect in 2012. [43:15.000 --> 43:22.000] It restricts judge from hearing state issues. [43:22.000 --> 43:28.000] So I'm looking for state issues in this, particularly with Jucada, [43:28.000 --> 43:37.000] because now you can go back with a challenge subject manager and then move to overturn things. [43:37.000 --> 43:38.000] Hang on. [43:38.000 --> 43:39.000] I'm about to go to break. [43:39.000 --> 43:42.000] I'll explain more about that when we come back on the other side. [43:42.000 --> 43:46.000] It's a little bit complex, but you'll like it. [43:46.000 --> 43:48.000] This is Randy Kelton, Root of Law Radio. [43:48.000 --> 43:52.000] I call in number 512-646-1984. [43:52.000 --> 43:54.000] Give us a call. [43:54.000 --> 44:02.000] We'll be right back. [44:02.000 --> 44:03.000] Hello. [44:03.000 --> 44:06.000] My name is Stuart Smith from naturespureorganics.com, [44:06.000 --> 44:12.000] and I would like to invite you to come by our store at 1904 Guadalupe Street, Sweet D, here in Austin, Texas. [44:12.000 --> 44:18.000] Find Brave New Books and Chase Tank to see all our fantastic health and wellness products with your very own eyes. [44:18.000 --> 44:22.000] Have a look at our Miracle Healing Clay that started our adventure in alternative medicine. [44:22.000 --> 44:26.000] Take a peek at some of our other wonderful products, including our Australian Eme oil, [44:26.000 --> 44:30.000] lotion candles, olive oil, soaps, and colloidal silver and gold. [44:30.000 --> 44:37.000] Call 512-264-4043 or find us online at naturespureorganics.com. [44:37.000 --> 44:43.000] That's 512-264-4043, naturespureorganics.com. [44:43.000 --> 45:01.000] Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com. [45:01.000 --> 45:04.000] Are you the plaintiff or defendant in a lawsuit? [45:04.000 --> 45:07.000] Win your case without an attorney with Juris Dictionary, [45:07.000 --> 45:15.000] the affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step-by-step. [45:15.000 --> 45:19.000] If you have a lawyer, know what your lawyer should be doing. [45:19.000 --> 45:23.000] If you don't have a lawyer, know what you should do for yourself. [45:23.000 --> 45:28.000] Thousands have won with our step-by-step course, and now you can too. [45:28.000 --> 45:34.000] Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience. [45:34.000 --> 45:39.000] Even if you're not in a lawsuit, you can learn what everyone should understand [45:39.000 --> 45:43.000] about the principles and practices that control our American courts. [45:43.000 --> 45:49.000] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:49.000 --> 46:15.000] pro se tactics, and much more. Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [46:15.000 --> 46:43.000] Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Barbara in Texas. [46:43.000 --> 46:53.000] Okay, Barbara, I found your email, and I'm looking at the judgment, April 23, 2015, [46:53.000 --> 47:03.000] granted Federal National Mortgage Association, Fannie Mae, the property. [47:03.000 --> 47:22.000] Some things to understand, okay, a lot you can do with Fannie Mae to have you file a list of pendants in the record. [47:22.000 --> 47:26.000] Oh, hold on, somebody forgot to unmute you. [47:26.000 --> 47:27.000] Oh. [47:27.000 --> 47:31.000] Okay, there you go. Do you have a list of pendants filed in? [47:31.000 --> 47:37.000] Not a current one. I did a lawsuit in the past, and I had a list of pendants, [47:37.000 --> 47:39.000] but I don't have a current one at this moment. [47:39.000 --> 47:52.000] You can refile one based on the petition. What is the purpose of the restraining order? [47:52.000 --> 48:02.000] Why are you restraining them? You're asking to restrain them. [48:02.000 --> 48:07.000] What are you doing to give the judge grounds to restrain the party? [48:07.000 --> 48:13.000] Okay, because one thing, they put a 24-hour notice to vacate my door, [48:13.000 --> 48:30.000] and I'm actually in the middle of the appeal when I appealed as far as with the judge when he interfered with the jury's verdict. [48:30.000 --> 48:40.000] Oh, okay, that's a great reason. You might ask for sentience for putting that note on your door. [48:40.000 --> 48:42.000] I didn't hear what you just said. [48:42.000 --> 48:54.000] Okay, you might ask for sanctions against them for putting a note on your door because the eviction hearing is not finished. [48:54.000 --> 49:06.000] So there is no final adjudication, so they don't have an order authorizing them to take possession because it has been appealed, [49:06.000 --> 49:17.000] and it's still open, so it's not a done deal yet. So that should get motion for sanctions and not a 24-hour notice [49:17.000 --> 49:22.000] because they have to give that notice. No, no way. I'm sorry. This is different. [49:22.000 --> 49:32.000] You've already been to an eviction hearing. Yeah, this should get a motion for sanctions. [49:32.000 --> 49:34.000] Have you ever filed a bankruptcy? [49:34.000 --> 49:42.000] Yes, I did file bankruptcy, and with the bankruptcy trustee, [49:42.000 --> 49:49.000] he tried to say I was only filing bankruptcy so that they would not evict me out of my property. [49:49.000 --> 49:55.000] So he stated that he was going to file, so I couldn't file bankruptcy for six months. [49:55.000 --> 50:01.000] So then I told him I wanted to talk to the judge, and she was like, well, you're trying to get a free house, [50:01.000 --> 50:07.000] and she said I'm going to make it so you can't file bankruptcy for a whole year. [50:07.000 --> 50:12.000] So that's where I am with bankruptcy. [50:12.000 --> 50:24.000] You may be running short on options. I'd have to see that federal lawsuit to see what amounts to res judicata. [50:24.000 --> 50:39.000] Do you have someone up on my caller bridge? Jeff said, Mr. Jeff, are you there? [50:39.000 --> 50:42.000] I pressed my mute button. I'm sorry. [50:42.000 --> 50:51.000] There we go. Did you have a comment on this issue? [50:51.000 --> 51:02.000] Well, yeah, it seems to me that what she needs to do is to file a collateral attack against the original foreclosure. [51:02.000 --> 51:05.000] She's already done that in the federal court. [51:05.000 --> 51:14.000] No, no, he's going to do a collateral attack on the original foreclosure in the federal court. That has to be done in state. [51:14.000 --> 51:21.000] What I was trying to get is what the claims were in the federal issue. [51:21.000 --> 51:28.000] Barbara, did you originally file the case in the state or in the Fed? [51:28.000 --> 51:30.000] In the beginning? [51:30.000 --> 51:31.000] Yes. [51:31.000 --> 51:36.000] In the very beginning, it was filed in the federal court. [51:36.000 --> 51:45.000] Okay. But Randy, she needs to come back and destroy the actual foreclosure itself. [51:45.000 --> 51:53.000] She needs to do what's called a collateral attack. It's similar to a challenge for subject matter jurisdiction. [51:53.000 --> 52:06.000] But in this particular case, her collateral attack is going to consist of a missing or absent indispensable party that's undisclosed. [52:06.000 --> 52:18.000] Because how did the company that lent her the money when they were prohibited from so doing, and if they couldn't do it, who did it and then who assigned it? [52:18.000 --> 52:25.000] That's what I was trying to get to is what claims were made that have already been adjudicated. [52:25.000 --> 52:32.000] This goes to standing and it won't matter if it's been adjudicated or not. [52:32.000 --> 52:47.000] That's where I'm going because the 2011 Venue and Removal Clarification Act said that a federal judge cannot hear a state... [52:47.000 --> 52:48.000] Can't what? [52:48.000 --> 52:52.000] ...ever and remember. [52:52.000 --> 52:53.000] I'm sorry. [52:53.000 --> 53:03.000] It says they can't hear a state issue. There was a variance in the circuits. [53:03.000 --> 53:12.000] One circuit said that if a state case to the Fed, the Fed can hear the state issues under judicial economy. [53:12.000 --> 53:20.000] The other circuit said, no, no, no, we're a Fed. We can't hear state issues. That's an unwarrant... [53:20.000 --> 53:26.000] That falls under the Rules of Civil Procedure 1337. [53:26.000 --> 53:35.000] That's right. That's what the Removal and Clarification Act went to. It changed 200 years along. [53:35.000 --> 53:40.000] But 1337 is still there. It didn't change it. [53:40.000 --> 53:43.000] They changed what... [53:43.000 --> 53:52.000] You can bring state issues into federal court. You can. [53:52.000 --> 53:57.000] Have you read a card recently? This is relatively recent. [53:57.000 --> 54:02.000] Is it pertaining only to foreclosures? [54:02.000 --> 54:10.000] Okay. This one is trying to get to exactly where you're trying to go, Jeff. [54:10.000 --> 54:22.000] Trying to find the claims that were made, that were ruled against, was prejudiced. I want to see what they are. [54:22.000 --> 54:27.000] And the primary place I want to go to is Subject Matter Jurisdiction Challenge. [54:27.000 --> 54:32.000] And we got one there, because this... [54:32.000 --> 54:34.000] But you're going to have to file that in the state court. [54:34.000 --> 54:46.000] He had no power to do business, so none of his successors or assigns should have capacity to invoke subject matter jurisdiction in the court. [54:46.000 --> 54:53.000] Well, see, that's where she has to do a collateral attack, which is very similar to a challenge to jurisdiction. [54:53.000 --> 55:03.000] It's just that you're outside of litigation time to do a challenge to subject matter jurisdiction, [55:03.000 --> 55:08.000] so you have to do a collateral attack, which means you sue for subject matter jurisdiction. [55:08.000 --> 55:17.000] Because if they couldn't do business, then who funded the loan and who assigned it? [55:17.000 --> 55:24.000] There's an indispensable missing third party. [55:24.000 --> 55:34.000] I'm not clear on how a collateral attack is similar to subject matter jurisdiction. [55:34.000 --> 55:40.000] Subject matter jurisdiction attacks, you know, can always be done, [55:40.000 --> 55:49.000] but they can't always be done as a direct challenge if a certain amount of time has passed. [55:49.000 --> 55:51.000] Like in some jurisdictions, it's 90 days. [55:51.000 --> 55:54.000] In other jurisdictions, it's a year or it's two years. [55:54.000 --> 55:57.000] Then you shift from doing a collateral... [55:57.000 --> 56:16.000] it's basically a collateral attack just in the form of a pleading to a collateral attack, which is you're suing for subject matter jurisdiction or the lack thereof. [56:16.000 --> 56:19.000] I need to read some case law on that. [56:19.000 --> 56:30.000] But that doesn't handle her eviction. I'm not sure how she's going to get any kind of restraining order from the federal courts on the eviction. [56:30.000 --> 56:35.000] Barbara, are you filing for the restraining order? [56:35.000 --> 56:39.000] This is an accounting court, right, Barbara? [56:39.000 --> 56:56.000] Another twist to the whole thing is before they foreclosed on the property, the servicer received full settlement of the principal a year and a half before they even foreclosed. [56:56.000 --> 57:09.000] Then I didn't find that out later, and then when I called the...even though they said they have foreclosed on it, I contacted the servicer. They still had an open balance of $244. [57:09.000 --> 57:13.000] So I asked them to send me a payoff, what the payoff was. [57:13.000 --> 57:21.000] They sent me a payoff for $244.41 that was left over from the settlement that they had received. [57:21.000 --> 57:27.000] So I sent them a money order to zero the whole account out. [57:27.000 --> 57:33.000] I'm not clear why they would do such a thing. It's not going to alter your position. [57:33.000 --> 57:37.000] I think I understand why they did such a thing. [57:37.000 --> 57:56.000] The one party sold their interest to another party, and sometimes when that happens, the one will file a satisfaction and the other should be filing a new security instrument. [57:56.000 --> 58:00.000] But if they didn't, then they have a problem. [58:00.000 --> 58:13.000] If the deed of trust goes to an unknown, indispensable third party that's not disclosed, it again goes to standing, collateral attack. [58:13.000 --> 58:21.000] And we just had Leslie's suit to echo that reason. Hang on, we're about to go to break. [58:21.000 --> 58:26.000] Randy Kelton, the root of our radio, our call-in number. [58:26.000 --> 58:34.000] Since 1984, when we get back, we'll explain how Leslie got her suit thrown out because she didn't name her husband. [58:34.000 --> 58:39.000] And he was an indispensable party, so they tossed four years of litigation. [58:39.000 --> 58:50.000] Hang on, we'll be right back. [58:50.000 --> 58:54.000] Would you like to make more definite progress in your walk with God? [58:54.000 --> 59:01.000] Bibles for America is offering a free study Bible and a set of free Christian books that can really help. [59:01.000 --> 59:06.000] The New Testament Recovery Version is one of the most comprehensive study Bibles available today. [59:06.000 --> 59:13.000] It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life. [59:13.000 --> 59:18.000] The free books are a three-volume set called Basic Elements of the Christian Life. [59:18.000 --> 59:27.000] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the Church. [59:27.000 --> 59:40.000] To order your free New Testament Recovery Version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102. [59:40.000 --> 59:50.000] That's 888-551-0102, or visit us online at bfa.org. [59:50.000 --> 01:00:02.000] You're listening to the Logos Radio Network at logosradionetwork.com. [01:00:02.000 --> 01:00:10.000] The following newsflash is brought to you by the Lone Star Lowdown, providing the daily bulletins for the commodities market. [01:00:10.000 --> 01:00:23.000] Today in history, news updates and the inside scoop into the tides of the alternative. [01:00:23.000 --> 01:00:44.000] Markets for the 23rd of June, 2015, opened up with gold at $1,177.27 an ounce, silver, $15.78 an ounce, Texas crude, $59.68 a barrel, and Bitcoin is currently sitting at about 244 U.S. currency. [01:00:44.000 --> 01:01:04.000] Today in history, Friday, June 23, 1961, the Antarctic Treaty goes into full effect. It was signed by 12 nation-states at the time, and it set aside Antarctica as a scientific preserve, established freedom of scientific investigation there, and banned all military activity on the continent. [01:01:04.000 --> 01:01:15.000] In recent news, a United Nations report released this last Monday accuses both Israel and Palestinian militant groups of committing war crimes during last summer's 51-day conflict in the Gaza Strip. [01:01:15.000 --> 01:01:26.000] Israeli defense forces have been indiscriminately attacking residential buildings, as well as medical facilities and infrastructure. Palestinian rocket attacks were executed to spread terror among the civilian population. [01:01:26.000 --> 01:01:46.000] All in all, Palestinian armed groups fired more than 6,600 rockets and mortars towards Israel, killing six civilians and injuring as many as 1,600, while Israel carried out roughly 6,000 airstrikes, which killed 2,251 Palestinians, 1,462 of them were civilians. [01:01:46.000 --> 01:02:01.000] Recent findings, according to the annual survey from bankrate.com, pointed to the lowest saving rates in the United States that have been seen in the last five years. Roughly 1 in 4 or 29% of people don't have money set aside to cover emergencies, up from 26% from last year. [01:02:01.000 --> 01:02:21.000] 20% of people said their savings would not last them longer than three months, the amount often recommended by financial planners. At the same time, the number of people with savings is down. About 22% of people had enough cash to cover six months of expenses, the lowest level in five years. [01:02:21.000 --> 01:02:37.000] Several Confederate statues around the United States have been defaced with spray paint saying slogans like Black Lives Matter and hashtag racist. A statue of John C. Calhoun in Charleston, South Carolina, another statue across the street from the Maryland Institute College of Art, and the University of Texas at Austin was not spared. [01:02:37.000 --> 01:02:45.000] Apparently the statue of Jefferson Davis and two others were vandalized there as well. [01:02:45.000 --> 01:03:01.000] The Lone Star Lowdown is currently looking for sponsors, so if you have a product or a service that you'd like to advertise, feel free to give us a call at 210-863-5617. This has been your Lowdown for June 23, 2015. [01:03:15.000 --> 01:03:43.000] Thank you very much. [01:03:43.000 --> 01:04:08.000] Okay, we are back, Randy Kelton, here with the Mr. Jeff Cedric. Jeff, I actually had someone on the radio today that was older than both of us, if you can believe that. [01:04:08.000 --> 01:04:34.000] Okay, we're talking to Barbara in Texas, and over the break we were trying to get this sorted out, and I still don't understand all the issues. One thing that's hard to address, how to move ahead, because we don't know what is res judicata. [01:04:34.000 --> 01:04:58.000] Barbara? I'm here, I'm here. Have you been able to remember what your wrongful foreclosure claim included? I suspect since it was the lawyer filed it in the federal court, that it would have been, we should say, the Procedures Act or Truth in Lending Act. [01:04:58.000 --> 01:05:23.000] Right, it had a lot of that. When they, because like in October, they threw my stuff out, and that's when I filed bankruptcy and took back possession of the property, because the property was at that time still in my name. So that's why a lot of my paperwork and everything that I had, it kind of got... [01:05:23.000 --> 01:05:32.000] Okay, well if it's in the federal court, you can go on PACER and get everything that was filed. [01:05:32.000 --> 01:05:33.000] Okay. [01:05:33.000 --> 01:05:35.000] Do you have a PACER account? [01:05:35.000 --> 01:05:40.000] So am I to understand she does not have a federal case at this point? [01:05:40.000 --> 01:05:47.000] No, it's been, her case was dismissed with prejudice. [01:05:47.000 --> 01:05:49.000] Okay. [01:05:49.000 --> 01:06:00.000] Is she going to have to rely on that restraining or is she going to have to rely entirely upon the appeal? [01:06:00.000 --> 01:06:20.000] Yes, that's a good appeal here. When you have the judge nullify a jury while the jury's, a judge render the verdict while the jury's in the process of deliberating. [01:06:20.000 --> 01:06:23.000] Never heard of that before. [01:06:23.000 --> 01:06:44.000] And I called down to the judge's office and told him that we were going to do a show about this and I got hold of the judge's coordinator and said that it's something that may appear to be disparaging about someone, especially if he's a public official. [01:06:44.000 --> 01:06:48.000] I owe it to that official to give them opportunity to tell their own side of the story. [01:06:48.000 --> 01:06:59.000] So we're going to be talking about you Friday, and this was last Friday, and we want to give the judge an opportunity to tell his side of the story. [01:06:59.000 --> 01:07:11.000] Well, you know, the judge is not going to tell his side of the story, but we did that just to stir him up a little bit. [01:07:11.000 --> 01:07:23.000] So Barbara, who is the hearing going to be before? [01:07:23.000 --> 01:07:28.000] Stacy Williams? [01:07:28.000 --> 01:07:32.000] With the attorney Barrett Daffoda? [01:07:32.000 --> 01:07:41.000] Daff and Frapp and Kiss My Behind. No, no. Who's going to preside? Is this going to the Court of Appeals? [01:07:41.000 --> 01:07:52.000] No, no, no, no. This is actually not in the Court of Appeals because I'm still in the middle of the appeal. I have to have my brief done by August. [01:07:52.000 --> 01:08:03.000] Wait a minute. Wait a minute. Only the Court of Appeals has jurisdiction over your case at this point. [01:08:03.000 --> 01:08:08.000] The county certainly doesn't. Once the notice of appeals was filed. [01:08:08.000 --> 01:08:14.000] The eviction is a different case, Randy. [01:08:14.000 --> 01:08:21.000] She's already been. OK, let me make sure I got this right. You appealed the county court's ruling, right? [01:08:21.000 --> 01:08:30.000] I appealed, right. I appealed the judges, which was a bit of a step of a distance. [01:08:30.000 --> 01:08:33.000] OK, hold on, hold on. Let's back up here. [01:08:33.000 --> 01:08:38.000] For the justice of the peace and the justice of the peace ruled against you, is that true? [01:08:38.000 --> 01:08:43.000] Right. The justice of the peace ruled against me. Then it went to the county. [01:08:43.000 --> 01:08:47.000] And the county ruled against you. [01:08:47.000 --> 01:08:51.000] That's when the judge intervened with the jury. [01:08:51.000 --> 01:09:01.000] OK, so the judge ruled against you in the appeal in the county, and now you've appealed it to the Court of Appeals. [01:09:01.000 --> 01:09:06.000] I appealed the judge's ruling to the Court of Appeals. [01:09:06.000 --> 01:09:16.000] The Court of Appeals is the only court that has jurisdiction over your case at this point. [01:09:16.000 --> 01:09:18.000] So where did you file this? [01:09:18.000 --> 01:09:26.000] Which case are you referring to, Randy? The wrongful foreclosure or the eviction? [01:09:26.000 --> 01:09:36.000] The wrongful foreclosure has been dismissed with prejudice in 2013. Is that right, Barbara? [01:09:36.000 --> 01:09:37.000] Right, right. [01:09:37.000 --> 01:09:39.000] OK, so that one's done. [01:09:39.000 --> 01:10:00.000] Yeah, that one's done. That one's done. But before this whole, like, you know, before I went to the justice of the peace, I had filed a lawsuit in the county. [01:10:00.000 --> 01:10:04.000] Wait a minute, a lawsuit in the county? [01:10:04.000 --> 01:10:11.000] I filed a lawsuit in the county and then, because it was completely separate from the JP court. [01:10:11.000 --> 01:10:22.000] Hold on, hold on, back up. Did you file in the county court or in the county in a district court? [01:10:22.000 --> 01:10:24.000] The county district court. [01:10:24.000 --> 01:10:30.000] OK, good, good. So you filed a, what kind of action did you file in the district court? [01:10:30.000 --> 01:10:39.000] OK, in the district court, it was basically had to do, I had to amend it. [01:10:39.000 --> 01:10:53.000] So when I filed it in there, I just basically, when I did the ex-per se temporary restraining order and a permanent injunction with an automatic stay, and it was, I was focused in more. [01:10:53.000 --> 01:11:06.000] Wait a minute, wait a minute. You have not told us one single claim. We have no idea what you're doing. What claim, what was your cause of action in the state court? [01:11:06.000 --> 01:11:22.000] In the state court, I was filing a, I'm trying to think now. I've got so much going on right now. [01:11:22.000 --> 01:11:35.000] OK, that part is a serious issue. And the reason it's a serious issue is you should have your claims very well defined. [01:11:35.000 --> 01:11:45.000] And they should come directly to mind immediately because you need to know what you're doing. [01:11:45.000 --> 01:12:02.000] The fact that you can't articulate a cause of action in the state is problematic. What is the condition of the district court case? [01:12:02.000 --> 01:12:08.000] When I first did it, it was based on quiet, the quiet title, quiet end of the title. [01:12:08.000 --> 01:12:19.000] That's what I was looking for, quiet title. What document did you attempt to quieten from the record? [01:12:19.000 --> 01:12:24.000] Deed of trust, assignment, appointment, what document? [01:12:24.000 --> 01:12:43.000] The assignment, I also brought up the fact as far as, because I had just found out with the Secretary of State when I started researching with them as far as about the original lender. [01:12:43.000 --> 01:12:51.000] And so that had a lot to do with the title. [01:12:51.000 --> 01:13:00.000] OK, where is the district court case now? What's going on? [01:13:00.000 --> 01:13:11.000] Well, that's where I went when they put the notes on my door. That's when I went and did the ex parte for a restraining order, the permanent injunction, and the automatic thing. [01:13:11.000 --> 01:13:14.000] Wait a minute. Wait, hold on. You're confusing me. [01:13:14.000 --> 01:13:31.000] We're getting an introduction. I guess the strongest thing I can say at this particular point, Barbara, is you need to answer the question as it is asked. [01:13:31.000 --> 01:13:37.000] Because you keep introducing this factor, that factor, and the other factor, and we end up being muddled. [01:13:37.000 --> 01:13:49.000] I'm sorry. Right now, the size where I filed the appeal is in the district court. [01:13:49.000 --> 01:14:04.000] OK, you filed a quiet act in the district court. Has the other side responded? When did you file this quiet tile action? [01:14:04.000 --> 01:14:10.000] OK, when did you file relative to the eviction hearing? [01:14:10.000 --> 01:14:15.000] It's been basically, I would say, maybe a month ago. [01:14:15.000 --> 01:14:25.000] When did you file relative to the eviction hearing? Before, after, same time? [01:14:25.000 --> 01:14:31.000] Basically, around the same time. [01:14:31.000 --> 01:14:39.000] Oh, we need to get a little closer. Basically, isn't going to cut it. Before or after? [01:14:39.000 --> 01:14:45.000] When you went into the eviction hearing, did you have a district court case number? [01:14:45.000 --> 01:14:55.000] Yes. When I went in for the eviction hearing, I did have it. What the judge said, it didn't make any difference because she can rule over it. [01:14:55.000 --> 01:15:04.000] She said, if I had it, it would be better off. She was right. That part, she's right. [01:15:04.000 --> 01:15:19.000] Now, the district court cannot restrain the JP judge, period. What the district court can do is restrain the other party. [01:15:19.000 --> 01:15:29.000] So your restraining order would necessarily go to restrain the other party from moving in eviction. [01:15:29.000 --> 01:15:41.000] Even though the JP court has ruled in his favor, your district court can give you that restraining order. [01:15:41.000 --> 01:16:04.000] Okay, I'm kind of getting sorted out where we're at. Barbara, if your pleadings before these courts are as lacking in detail or unclear as your conversation to us is, you're going to have a problem. [01:16:04.000 --> 01:16:19.000] Squeeze out the pertinent details. You need to be able to go in front of this judge and lay out those pertinent details in essentially one paragraph. [01:16:19.000 --> 01:16:35.000] Okay. So you had a federal court that we, in the federal court, we claim this, this, this, and this. Court ruled against us on these issues. [01:16:35.000 --> 01:16:53.000] The case was either appealed or not appealed. Then you filed, just prior to the eviction hearing, you filed a quiet title action and walking through the absolute basics so he understands where you're at. Hang on, we're about to go to break. [01:16:53.000 --> 01:16:56.000] Okay. [01:16:56.000 --> 01:17:00.000] Call in another 512-646-1984. [01:17:00.000 --> 01:17:13.000] Chances are you've heard of My Magic Mud, but have you used it? 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[01:20:37.000 --> 01:20:47.000] Barbara, it helps if we can understand precisely where you're at. [01:20:47.000 --> 01:20:50.000] What were we talking about on the break, Jeff? [01:20:50.000 --> 01:21:01.000] Oh, one thing we were talking about is if your pleas are as unclear as your dialogue here, then you will definitely have a problem. [01:21:01.000 --> 01:21:23.000] Oh, what we were talking about is quiet title, and Jeff is saying we need to go for wrongful foreclosure, and I like the quiet title because the quiet title is a good place to be able to get a restraining order. [01:21:23.000 --> 01:21:42.000] And you're not even addressing the foreclosure. You're only addressing the validity of a document that the lender relied on in doing the foreclosure, but you're not talking about the foreclosure yet. [01:21:42.000 --> 01:22:01.000] You just put in that document and you don't have too many factors involved. If you can get a ruling that that document is invalid, then the foreclosure is a done deal. [01:22:01.000 --> 01:22:20.000] The wrong foreclosure becomes a done deal, because now you can go wrongful foreclosure based on Res. Judicata, on the ruling of the judge on that document, and in the wrongful foreclosure suit, they can't shut up of the court in the quiet title actions. [01:22:20.000 --> 01:22:23.000] Does that sound reasonable, Mr. Jeff? [01:22:23.000 --> 01:22:37.000] Yeah. But it brings up the question, who currently has the house, is the title. [01:22:37.000 --> 01:22:39.000] Right. [01:22:39.000 --> 01:22:47.000] Oh, that was the question we wanted to ask you. At the foreclosure, who purchased the property? Was it a third party or the bank? [01:22:47.000 --> 01:22:53.000] Well, no, they claimed that Fannie Mae purchased the property. [01:22:53.000 --> 01:22:57.000] Okay, Fannie Mae is not really a third party. [01:22:57.000 --> 01:22:58.000] Right. [01:22:58.000 --> 01:23:14.000] Fannie Mae probably already held the claim to the property and the bank didn't at all. The bank foreclosed on the property as a servicer, and it was probably already in the hands of the bank just not disclosed. [01:23:14.000 --> 01:23:24.000] That's not so hard to get rescinded. It's not some innocent third party individual. [01:23:24.000 --> 01:23:32.000] And we're finding it's really up to banks to rescind their foreclosure. [01:23:32.000 --> 01:23:38.000] If you can, you know, they don't cost them anything if they bought it back. [01:23:38.000 --> 01:23:48.000] So if you can get the quiet title done, then the foreclosure is pretty well done deal. [01:23:48.000 --> 01:23:56.000] So what is your claim in quiet title? [01:23:56.000 --> 01:23:59.000] Barbara. [01:23:59.000 --> 01:24:01.000] I'm writing this down. [01:24:01.000 --> 01:24:03.000] Okay. What is your, what was the- [01:24:03.000 --> 01:24:05.000] Basically- [01:24:05.000 --> 01:24:16.000] You said you claimed an assignment. You're moving for quiet title on an assignment. Who did the assignment? [01:24:16.000 --> 01:24:21.000] Okay, on the assignment, they claimed that MERS- [01:24:21.000 --> 01:24:23.000] Okay, hold on, hold on. [01:24:23.000 --> 01:24:35.000] When you're speaking about legal issues, avoid acronyms and avoid pronouns. [01:24:35.000 --> 01:24:39.000] So, okay, who is they? [01:24:39.000 --> 01:24:49.000] Okay, appeared on the assignment that they filed an accounting record. It appears that MERS- [01:24:49.000 --> 01:24:50.000] Who filed? [01:24:50.000 --> 01:25:04.000] Okay, MERS did the assignment, did the assignment say that MERS was acting as the nominee for the original lender? [01:25:04.000 --> 01:25:08.000] Right, for the original lender and they assigned it to- [01:25:08.000 --> 01:25:12.000] Okay, hold on, hold on. This is real specific. [01:25:12.000 --> 01:25:23.000] If a company is not in business, MERS will say MERS acting as nominee for the lender and lenders successors and assigns. [01:25:23.000 --> 01:25:24.000] Right. [01:25:24.000 --> 01:25:35.000] If the company is in business, it will say MERS acting as nominee for the company's name. What's the company's name on that assignment? [01:25:35.000 --> 01:25:41.000] That is a good question. [01:25:41.000 --> 01:25:47.000] I know it sounds like I'm being pedantic, but this is really important because you're going to go in and say, [01:25:47.000 --> 01:25:59.000] they couldn't have done this for this company because this company couldn't do business in Texas and they could not appoint MERS to do business in Texas. [01:25:59.000 --> 01:26:04.000] They couldn't. So, who did they do the assignment for? [01:26:04.000 --> 01:26:20.000] If the company name's not listed, if the company name is listed, they have the good claim that MERS was acting as agent for a company that had no power to assign agency in Texas. [01:26:20.000 --> 01:26:34.000] If MERS claims to be acting for someone else, then the someone else has no authority to do this because 13.001 property code. [01:26:34.000 --> 01:26:42.000] In order for that person, for that entity to file a document in the record that affected title, [01:26:42.000 --> 01:26:48.000] they would have to have a document in the record that showed that they had authority to do that. [01:26:48.000 --> 01:26:59.000] 151901, the Texas government code, describes that document as fraudulent. [01:26:59.000 --> 01:27:03.000] And this is not like you're making a claim of fraud. [01:27:03.000 --> 01:27:13.000] This is a special definition of fraudulent, where a document is filed and there is nothing with authority to file it. [01:27:13.000 --> 01:27:15.000] Does that make sense, Barbara? [01:27:15.000 --> 01:27:18.000] Yes, yes. [01:27:18.000 --> 01:27:27.000] So, in either case, you can make that claim because you have a company that was already tossed out of the state. [01:27:27.000 --> 01:27:29.000] Is that company still in business? [01:27:29.000 --> 01:27:33.000] You went to the settlement table. [01:27:33.000 --> 01:27:37.000] Did I go to? No, I did not. [01:27:37.000 --> 01:27:43.000] No, I said it was kicked out of the state from what you said six months before you went to the settlement table. [01:27:43.000 --> 01:27:47.000] Oh, yes, yes. I thought you said, did I go to the settlement table? [01:27:47.000 --> 01:27:48.000] Yes. [01:27:48.000 --> 01:27:51.000] So, it's not like it was six days. [01:27:51.000 --> 01:27:53.000] Right. [01:27:53.000 --> 01:27:58.000] So, they were kicked out of the state and doing business. [01:27:58.000 --> 01:28:05.000] Who funded the loan and who did the assignment? [01:28:05.000 --> 01:28:09.000] There's a missing indispensable third party there, isn't there? [01:28:09.000 --> 01:28:11.000] Right. [01:28:11.000 --> 01:28:16.000] How would Merge be able to assign for them? Who are they? [01:28:16.000 --> 01:28:24.000] The problem with the missing third party is they cannot be a party because they're missing. [01:28:24.000 --> 01:28:26.000] No kidding. [01:28:26.000 --> 01:28:44.000] Dated to the public record, 13.001 says any claim against real property not properly approved and filed in the public record is voidous to the holder. So, all you'd have to show is a third party. [01:28:44.000 --> 01:28:58.000] And because there is a third party, no one can assert a claim against this property because that third party who may actually be the true and proper holder doesn't have their claim filed in the record. [01:28:58.000 --> 01:29:02.000] So, they can use it for toilet paper. [01:29:02.000 --> 01:29:04.000] That's the story I'm sticking to. [01:29:04.000 --> 01:29:19.000] There's something else that's gnawing at me. Any judge that tells you that you're trying to get a house for free needs to be refused. [01:29:19.000 --> 01:29:28.000] Because not only have they lost the appearance of fairness and objectivity, they have demonstrated a venomous hatred towards the ligand. [01:29:28.000 --> 01:29:42.000] If you hear that in court, you need to stand up and object and direct the court that it is the duty of the court to determine the facts in accordance with the rules of evidence. [01:29:42.000 --> 01:30:02.000] Apply the law as it comes to the facts in the case. If you are incapable or unwilling to do that and cannot leave your personal prejudices or biases at home, then get down off that. [01:30:02.000 --> 01:30:16.000] Let's get physical, physical. Hey, if you exercise even a tenth as much as you should, you can extend your life by years. I'm Dr. Catherine Albrecht and I'll hike right back with the good news in just a moment. [01:30:16.000 --> 01:30:26.000] Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:26.000 --> 01:30:34.000] So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to. [01:30:34.000 --> 01:30:45.000] This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage. [01:30:45.000 --> 01:30:56.000] Exercise. We all know we need it, but we don't always take the time to do it. Now new evidence says just 15 measly minutes of physical activity a day can extend your life a lot. [01:30:56.000 --> 01:31:05.000] Researchers in Taiwan found that an hour and a half of exercise a week extended people's lives by three whole years. That's just 13 minutes a day. [01:31:05.000 --> 01:31:20.000] The study found that small amounts of daily exercise made people 10% less likely to die of cancer and 14% less likely to die for any reason. So come on couch potatoes, dig out those Olivia Newton John CDs and let me hear your body talk. [01:31:20.000 --> 01:31:30.000] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:31:30.000 --> 01:31:43.000] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition. [01:31:43.000 --> 01:31:55.000] Over 6,000 of my fellow service members have given their lives. Thousands of my fellow first responders are dying. I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correction officer. I'm an Air Force pilot. I'm a father who lost his son. [01:31:55.000 --> 01:32:01.000] We're Americans and we deserve the truth. Go to RememberBuilding7.org today. [01:32:01.000 --> 01:32:11.000] Hey, it's Danny here for Hill Country Home Improvements. Did your home receive hail or wind damage from the recent storms? Come on, we all know the government caused it with their Kim trails, but good luck getting them to pay for it. [01:32:11.000 --> 01:32:26.000] Okay, I might be kidding about the Kim trails, but I'm serious about your roof. That's why you have insurance and Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense. And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with zero complaints. [01:32:26.000 --> 01:32:45.000] You can trust Hill Country Home Improvements to handle your claim and your roof right the first time. Just call 512-992-8745 or go to hillcountryhomeimprovements.com. Mention the crypto show and get $100 off and we'll donate another $100 to the Logos Radio Network to help continue this programming. [01:32:45.000 --> 01:33:01.000] So if those out of town roofers come knocking, your door should be locking. That's 512-992-8745 or hillcountryhomeimprovements.com. Discounts are based on full roof replacement. May not actually be kidding about Kim trails. [01:33:01.000 --> 01:33:16.000] You are listening to the Logos Radio Network, logosradionetwork.com. [01:33:31.000 --> 01:33:48.000] Okay, we are back. Randy Kelton here with the NDN. [01:33:48.000 --> 01:34:03.000] Ah, the old guy. Jeff, Mr. Kelton. My tang got tangled. And we're talking to Barbara. Okay, Barbara, you have this hearing coming up Monday? [01:34:03.000 --> 01:34:17.000] Yes. And I'm the assignment. I'm looking at it now and it says Mortgage Electronic Register System, Inc. as nominee for lender and lender assessor and assigned. [01:34:17.000 --> 01:34:31.000] Ah, that's what I wanted to see. They did not name the lender because the lender was not allowed to do business in Texas, so he could not be acting for that lender. [01:34:31.000 --> 01:34:39.000] So now we don't know who it is, but whoever it is doesn't have a claim filed in the record. [01:34:39.000 --> 01:34:56.000] Right. Right. So this is how we have to argue. Barbara, who's the lender? Who's the lender? Barbara. The original, can you hear me? [01:34:56.000 --> 01:35:15.000] Yes. Can you hear me? Yes, we can hear you. The original lender was called the mortgage, the mortgage depot. Was it? No, I don't know. [01:35:15.000 --> 01:35:31.000] Well, yeah, that's the point. You don't know who the lender was. I don't know who it is. That's just what they told me, but I have no clue. It's an undisclosed insuspensible third party. [01:35:31.000 --> 01:35:53.000] Not named in the assignment. Leslie in Pennsylvania filed a quiet title action and fought this thing for two or three years and got ruled against, went to appeal, and the judge on appeal dismissed her case for lack of subject matter jurisdiction [01:35:53.000 --> 01:36:03.000] because she failed to include an indispensable party, which was her husband whose name was on the deed of trust. [01:36:03.000 --> 01:36:17.000] Without all the indispensable parties, the court cannot exercise subject matter jurisdiction, and that you can challenge at any time, no matter how remote in history. [01:36:17.000 --> 01:36:38.000] Right. It's just that because of the time between when the foreclosure took place and now, it has to be done in the form of a collateral attack, which means you sue them for subject matter jurisdiction. [01:36:38.000 --> 01:36:48.000] I just did a search. Jeff had me do a search on collateral attack. You will find reams of information. [01:36:48.000 --> 01:36:51.000] Okay. [01:36:51.000 --> 01:36:58.000] And you may have to narrow it down to collateral attack, comma debt. [01:36:58.000 --> 01:37:01.000] You say collateral attack, common debt? [01:37:01.000 --> 01:37:03.000] Comma debt. [01:37:03.000 --> 01:37:06.000] Oh, comma debt. [01:37:06.000 --> 01:37:11.000] Yeah. [01:37:11.000 --> 01:37:15.000] There's a wealth of information available on a collateral attack. [01:37:15.000 --> 01:37:16.000] Okay. [01:37:16.000 --> 01:37:19.000] Three years ago there wasn't, but there is now. [01:37:19.000 --> 01:37:37.000] Okay. Now, if you can get the foreclosure overturned or rescinded, then you immediately file a notice of rescindion of the note. [01:37:37.000 --> 01:37:40.000] Under Keeler. [01:37:40.000 --> 01:38:08.000] Yes. Right at the end of the Truth in Lending Act, I think it's one of the last statutes. If you find more than $35 in improper charges after acceleration, if after acceleration you can find more than $35 in false fees, the right to rescind renews. [01:38:08.000 --> 01:38:12.000] And the way you find the false charges, piece of cake. [01:38:12.000 --> 01:38:29.000] At closing, did the lender provide documentation to show that the fees charged at closing were not otherwise forbidden to be charged by law, that the amounts charged were reasonable, that the services charged for were necessary, [01:38:29.000 --> 01:38:44.000] that the vendors who provided the service were bona fide vendors and not front companies for your fiduciaries, and that the lender did not take an undisclosed markup on the amounts charged. [01:38:44.000 --> 01:39:09.000] Absent that, all those fees are fraudulent. So claim all the fees are fraudulent, do an amortization of the note, taking the full amount on line 1400 of the HUD-1 settlement statement, add A and B together, paid by seller, paid by lender, add those two together, subtract it from the original principle on the first payment. [01:39:09.000 --> 01:39:27.000] You need to do this on a spreadsheet. And then go down the list and see where you go to zero. And then go all the way to the bottom and see how much you would have paid, how much you would have overpaid, had you paid out the entire note. [01:39:27.000 --> 01:39:41.000] And of course, in cases of fraud, you do not sue for the amount you were actually defrauded of. The first one I did this for is Steve Skidmore, and his note was only five years old. [01:39:41.000 --> 01:39:51.000] You sue for the amount you would have been defrauded of had their plan ran to fruition. But you don't sue for that amount, you sue for triple. [01:39:51.000 --> 01:40:10.000] I just ran a 2010 note today, a $156,000 note, and I came up with $360,000 claim against them so that I file for rescission and claim tender by set off. [01:40:10.000 --> 01:40:24.000] You have to give them the property back, they give you all the money you paid, unless when they give you all the money you paid, they still owe you money, then you can claim tender by set off. [01:40:24.000 --> 01:40:29.000] Does that make sense, Deborah, Barbara? [01:40:29.000 --> 01:40:42.000] So make sure you get on this quiet title and make sure it happens. As soon as you get the quiet title, then you file a wrongful foreclosure. [01:40:42.000 --> 01:40:59.000] What I would suggest you do is even before you get the quiet title, is go to whoever claims to hold the note and say, guys, let's make a deal we all can live with. [01:40:59.000 --> 01:41:05.000] The likelihood of you winning the whole enchilada in the end is very slim. [01:41:05.000 --> 01:41:19.000] So go to them and say, let's make a deal, let's make this go away. What could you live with? What for you would be an equitable outcome? [01:41:19.000 --> 01:41:41.000] If you don't know what that is, you need to figure it out. Get something in your head that is an equitable outcome and then the best outcome you can have is almost certainly going to be a negotiated outcome. [01:41:41.000 --> 01:41:53.000] If you run this through the courts to the end, they will almost certainly rule against you. There are rare cases where they don't, but the vast majority are ruled against. [01:41:53.000 --> 01:42:04.000] What you have going for you is litigation costs the banks a lot of money and there is that off chance they'll lose in the end. [01:42:04.000 --> 01:42:17.000] Go in, give them some numbers everybody can live with and walk away from this thing, go back to your life. That's my story and I'm sticking to it. [01:42:17.000 --> 01:42:19.000] Okay. [01:42:19.000 --> 01:42:30.000] Think about that. Think about what you could live with and the only way I see people win. Jeff, what do you think? [01:42:30.000 --> 01:42:35.000] I'm in concert with you on that, Randy. [01:42:35.000 --> 01:42:42.000] The courts rule against us out of hand at every turn. They think of us as deadbeats just trying to get a house for free. [01:42:42.000 --> 01:42:49.000] The only real leverage we have is how much money we're costing these banks. [01:42:49.000 --> 01:43:06.000] Give them a number that they can justify to their bean counters. I've talked to a number of these banks and when I get ahold of their lawyers and tell them I want to work out a deal, they are just tickled. [01:43:06.000 --> 01:43:12.000] The only thing that's hard is they're reluctant to deal with the borrower. [01:43:12.000 --> 01:43:22.000] I generally get a quick claim and come in as a third party and they seem comfortable dealing with the third party but not with the borrower so it's a little more difficult. [01:43:22.000 --> 01:43:29.000] But you've fought them long enough they may be ready to make a deal, make this problem go away. [01:43:29.000 --> 01:43:35.000] Okay. Are there any questions we haven't answered because we do have one more caller. [01:43:35.000 --> 01:43:38.000] No, that's fine. Thank you. [01:43:38.000 --> 01:43:44.000] Okay, thank you very much, Barbara. Okay, now we're going to go to Mark in Texas. [01:43:44.000 --> 01:43:46.000] Hello, Mark. [01:43:46.000 --> 01:43:48.000] Hey, how are you doing? I hear you've been... [01:43:48.000 --> 01:43:49.000] Hi. [01:43:49.000 --> 01:43:51.000] So, go to break, I guess. [01:43:51.000 --> 01:44:00.000] Oh, yes, as a matter of fact, I am. Hang on, we'll be right back. [01:44:00.000 --> 01:44:04.000] You feel tired when talking about important topics like money and politics? [01:44:04.000 --> 01:44:05.000] Sorry! [01:44:05.000 --> 01:44:08.000] I'm confused by words like the Constitution or the Federal Reserve. [01:44:08.000 --> 01:44:09.000] What? [01:44:09.000 --> 01:44:13.000] If so, you may be diagnosed with the deadliest disease known today, stupidity. [01:44:13.000 --> 01:44:20.000] Hi, my name is Steve Holt and like millions of other Americans, I was diagnosed with stupidity at an early age. [01:44:20.000 --> 01:44:26.000] I had no idea that the number one cause of the disease is found in almost every home in America, the television. [01:44:26.000 --> 01:44:31.000] Unfortunately, that puts most Americans at risk of catching stupidity but there is hope. [01:44:31.000 --> 01:44:36.000] Brave New Books have helped me and thousands of other foxaholics suffering from sports-zombie-ism recover. [01:44:36.000 --> 01:44:43.000] And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested. [01:44:43.000 --> 01:44:55.000] So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them in 1904Guadalupe or bravenewbookstore.com. [01:44:55.000 --> 01:45:01.000] The side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning. [01:45:01.000 --> 01:45:04.000] Are you the plaintiff or defendant in a lawsuit? [01:45:04.000 --> 01:45:16.000] Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course that will show you how in 24 hours, step by step. [01:45:16.000 --> 01:45:19.000] If you have a lawyer, know what your lawyer should be doing. [01:45:19.000 --> 01:45:23.000] If you don't have a lawyer, know what you should do for yourself. [01:45:23.000 --> 01:45:28.000] Thousands have won with our step-by-step course and now you can too. [01:45:28.000 --> 01:45:34.000] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:34.000 --> 01:45:43.000] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts. [01:45:43.000 --> 01:45:52.000] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more. [01:45:52.000 --> 01:46:01.000] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [01:46:22.000 --> 01:46:41.000] Okay, we are back. [01:46:41.000 --> 01:46:45.000] Randy Kelton, Rule of Law Radio, and Jeff dropped off. [01:46:45.000 --> 01:46:46.000] He's on the East Coast. [01:46:46.000 --> 01:46:48.000] It's a lot later there for him. [01:46:48.000 --> 01:46:53.000] We are talking to Mark in Texas. Mark, what do you have for us? [01:46:53.000 --> 01:47:01.000] Hey, I've just been listening to the discussion and it stirred me up and got me looking around. [01:47:01.000 --> 01:47:09.000] So if you remember, I think we spoke last week and I was just saying that I had a judgment in my four-quoter case. [01:47:09.000 --> 01:47:13.000] I have no idea. [01:47:13.000 --> 01:47:15.000] Whoa. [01:47:15.000 --> 01:47:20.000] Wait, wait, say that again. We have a suppressor on the system. [01:47:20.000 --> 01:47:25.000] And if I get noise on my end, it pushes your voice down below my noise. [01:47:25.000 --> 01:47:29.000] So say that again. I'll mute out. [01:47:29.000 --> 01:47:32.000] It could be my phone reception. [01:47:32.000 --> 01:47:41.000] I was just saying I was just thinking as I'm hearing this and I'm looking at my assignment and hearing you talk about quiet title, [01:47:41.000 --> 01:47:44.000] and it gives me a little charge. [01:47:44.000 --> 01:47:50.000] I've been thinking, and in fact, let me tell you, what you just told her was pretty much the same thing you told me last week. [01:47:50.000 --> 01:47:58.000] You need to think about what you can live with and then perhaps get yourself in a good position to make a deal. [01:47:58.000 --> 01:48:05.000] And that seems pretty reasonable. It's better than the alternatives. [01:48:05.000 --> 01:48:13.000] In my case, I have something very interesting in that the assigner is stated in my assignment. [01:48:13.000 --> 01:48:15.000] Well, I'll tell you, this is kind of what it says. [01:48:15.000 --> 01:48:18.000] It says recording requested by Richmond Monroe Group. [01:48:18.000 --> 01:48:20.000] Those guys are involved. [01:48:20.000 --> 01:48:26.000] It says prepared by Bill Cook, select portfolio servicing, Inc. [01:48:26.000 --> 01:48:33.000] So it's basically identifying him not as some officer of murders in some way, I suspect, [01:48:33.000 --> 01:48:37.000] but it's saying he's with SPS servicing. [01:48:37.000 --> 01:48:41.000] When I look at the assigner, this guy's been nailed all over the place. [01:48:41.000 --> 01:48:43.000] And you're probably familiar or heard his name. [01:48:43.000 --> 01:48:47.000] But maybe he hasn't been nailed, but he's been accused. [01:48:47.000 --> 01:48:52.000] And there are affidavits that say he's a robo-signer of the worst kind. [01:48:52.000 --> 01:48:56.000] But Bill Cook, whatever. [01:48:56.000 --> 01:49:03.000] But it says the assigner here is Morgan's Electronic Registration Systems, Inc. [01:49:03.000 --> 01:49:09.000] as nominee for Fremont Investment Loan Successors and Assigns. [01:49:09.000 --> 01:49:12.000] Fremont, I believe, was out of business in 2008. [01:49:12.000 --> 01:49:16.000] And I've heard you say before, as you refer to the legal definition of person, [01:49:16.000 --> 01:49:19.000] they're essentially, in this case, a dead man. [01:49:19.000 --> 01:49:24.000] So the assignment, according to this, prepared by an SPS servicer, [01:49:24.000 --> 01:49:30.000] by the servicer who would stand to gain for murders, supposedly. [01:49:30.000 --> 01:49:35.000] And then it assigns to the U.S. bank as a trustee. [01:49:35.000 --> 01:49:42.000] When you look on the next page, it says Morgan's Electronic Registration Systems, Inc. on, [01:49:42.000 --> 01:49:44.000] and it gives the date. [01:49:44.000 --> 01:49:48.000] And then it says by Bill Cook, Assistant Secretary. [01:49:48.000 --> 01:49:52.000] So it's very interesting in that it seems apparent that, [01:49:52.000 --> 01:49:55.000] and we know to look for this, but it seems in this case, [01:49:55.000 --> 01:50:00.000] it's actually identifying him as an employee of SPS, [01:50:00.000 --> 01:50:05.000] and he's signing as an Assistant Secretary, perhaps of murders. [01:50:05.000 --> 01:50:07.000] That's not necessarily even clear. [01:50:07.000 --> 01:50:15.000] And in any event, I would suspect that I may have a very good cause to quiet title, [01:50:15.000 --> 01:50:17.000] just based on this document. [01:50:17.000 --> 01:50:20.000] I don't think I ever quite got that, exactly as you were saying. [01:50:20.000 --> 01:50:25.000] I've heard you say before that it would be wise to use an attorney [01:50:25.000 --> 01:50:28.000] and not subject yourself to the prejudice that you'll get pro se [01:50:28.000 --> 01:50:31.000] if you're trying to quiet title. [01:50:31.000 --> 01:50:34.000] It's something I figure I might want to invest in. [01:50:34.000 --> 01:50:38.000] But when I look at this case, I'm working saw. [01:50:38.000 --> 01:50:45.000] It's easy to develop a pleading that looks like a lawyer wrote it. [01:50:45.000 --> 01:50:49.000] There's a special skill you need to develop. [01:50:49.000 --> 01:50:52.000] It's a skill that I have developed beyond all others. [01:50:52.000 --> 01:50:55.000] I am an accomplished plagiarist. [01:50:55.000 --> 01:50:57.000] Yeah. [01:50:57.000 --> 01:51:00.000] Look in the record for quiet titles [01:51:00.000 --> 01:51:07.000] and see what other lawyers have filed in this very court. [01:51:07.000 --> 01:51:14.000] So then if you model your pleading off one somebody else has filed, [01:51:14.000 --> 01:51:19.000] the court will look at it, and he will have seen this before, [01:51:19.000 --> 01:51:23.000] and he will tend not to connect that this is a pro se, [01:51:23.000 --> 01:51:27.000] at least not quite so much. [01:51:27.000 --> 01:51:28.000] It makes your life a whole lot easier. [01:51:28.000 --> 01:51:31.000] All you have to do is go in and change a few, [01:51:31.000 --> 01:51:35.000] all your case law and your structure and all that's all done. [01:51:35.000 --> 01:51:39.000] You just have to change a few details. [01:51:39.000 --> 01:51:40.000] Yeah. [01:51:40.000 --> 01:51:44.000] Well, I don't know necessarily that I even had a question here, [01:51:44.000 --> 01:51:49.000] but as I look at it, I was just going to share with you my thoughts [01:51:49.000 --> 01:51:52.000] on where I'm going to ask you if I'm crazy. [01:51:52.000 --> 01:51:56.000] The idea of quiet title just kind of solidified for me even more [01:51:56.000 --> 01:52:02.000] as I've been reading MERS v. Southwest Homes in the state of Arkansas, [01:52:02.000 --> 01:52:04.000] and it actually notes pretty good. [01:52:04.000 --> 01:52:06.000] This is a Supreme Court case, [01:52:06.000 --> 01:52:10.000] and it notes that for the most part MERS has no standing. [01:52:10.000 --> 01:52:12.000] They don't own the note. [01:52:12.000 --> 01:52:17.000] They don't have capacity to actually make this assignment. [01:52:17.000 --> 01:52:19.000] I brought this up during the hearing, [01:52:19.000 --> 01:52:22.000] and the judge just coasted right over it. [01:52:22.000 --> 01:52:26.000] I brought up the fact that it was filed past the statute of limitations. [01:52:26.000 --> 01:52:29.000] I suspect the judge didn't like the default judgment there. [01:52:29.000 --> 01:52:31.000] Just coasted right over it. [01:52:31.000 --> 01:52:35.000] Plaintiff's attorney never addressed my argument [01:52:35.000 --> 01:52:39.000] that no payments made would have possibly told the statute of limitations. [01:52:39.000 --> 01:52:41.000] Just coasted right over it. [01:52:41.000 --> 01:52:43.000] So I figure I've been wronged, [01:52:43.000 --> 01:52:47.000] and if I do quiet title and I'm successful, [01:52:47.000 --> 01:52:54.000] at that point, how do I bring that back into the mix out of curiosity? [01:52:54.000 --> 01:52:59.000] Do I need to take that back to the circuit court and make a motion to reopen? [01:52:59.000 --> 01:53:02.000] Is the same judge going to be hearing my quiet title? [01:53:02.000 --> 01:53:04.000] That's what I'm wondering. [01:53:04.000 --> 01:53:10.000] You do what Jeff was talking about, a collateral attack on the judgment, [01:53:10.000 --> 01:53:15.000] claiming that the court lacked subject matter jurisdiction [01:53:15.000 --> 01:53:24.000] because the plaintiff was unable to invoke the subject matter jurisdiction of the court. [01:53:24.000 --> 01:53:27.000] They lacked capacity. [01:53:27.000 --> 01:53:30.000] I would say the plaintiff lacks capacity [01:53:30.000 --> 01:53:36.000] because they lacked standing in this case rather than capacity. [01:53:36.000 --> 01:53:40.000] They lacked standing before the claim, [01:53:40.000 --> 01:53:47.000] and thereby lacked the legal capacity to invoke the subject matter jurisdiction of the court. [01:53:47.000 --> 01:53:49.000] Got it. Okay. [01:53:49.000 --> 01:53:52.000] Well, that is definitely the way to go here. [01:53:52.000 --> 01:53:56.000] And I'd like this because if you, like you were saying, [01:53:56.000 --> 01:53:59.000] the judge coasted over things, [01:53:59.000 --> 01:54:01.000] that's the problem when you have a lot of issues, [01:54:01.000 --> 01:54:06.000] and one of the things you want to make sure of is you get a ruling on each issue. [01:54:06.000 --> 01:54:10.000] Object, have an issue, not ruled on. [01:54:10.000 --> 01:54:13.000] What's your ruling on this issue? [01:54:13.000 --> 01:54:17.000] We don't get past it without ruling on it. [01:54:17.000 --> 01:54:22.000] But that's water under the bridge if he's already made the rulings. [01:54:22.000 --> 01:54:26.000] So, where was I? [01:54:26.000 --> 01:54:32.000] Oh, the nice thing about a quiet title action is if you can get the quiet title, [01:54:32.000 --> 01:54:39.000] and you, I'm sorry, this is where I was going, you don't have so many things in front of the judge. [01:54:39.000 --> 01:54:43.000] You got one issue, and when you do a quiet title, [01:54:43.000 --> 01:54:48.000] you don't ask for any kind of damages, you do not allow any kind of damages. [01:54:48.000 --> 01:54:54.000] All you're asking for is a declaratory judgment. [01:54:54.000 --> 01:55:00.000] Declare that this document does not meet the statutory filing requirements, [01:55:00.000 --> 01:55:02.000] and that's all you're saying. [01:55:02.000 --> 01:55:05.000] You're not saying the document's fraudulent. [01:55:05.000 --> 01:55:09.000] You're not saying the people who did this were bad guys. [01:55:09.000 --> 01:55:17.000] You're just saying this did not meet the statutory filing requirements for the county clerk, [01:55:17.000 --> 01:55:22.000] and therefore it has tainted her records because the judge, [01:55:22.000 --> 01:55:27.000] that's invoking the good old boy group on your side. [01:55:27.000 --> 01:55:37.000] It only challenges the sufficiency of the document as concerns the rules in Arkansas for filing. [01:55:37.000 --> 01:55:43.000] You get a ruling that it doesn't meet the statutory requirements, [01:55:43.000 --> 01:55:50.000] then wrongful foreclosure is a done deal. [01:55:50.000 --> 01:55:53.000] Okay, does that make sense? [01:55:53.000 --> 01:55:57.000] Here's the crazy irony. [01:55:57.000 --> 01:56:01.000] Wait, I'm having trouble hearing you. [01:56:01.000 --> 01:56:04.000] Forgive me, I have the speaker on which ordinarily works. [01:56:04.000 --> 01:56:06.000] My phone's dying and I'll get another one. [01:56:06.000 --> 01:56:13.000] But it's interesting in that Arkansas is known to not be a recording state. [01:56:13.000 --> 01:56:20.000] In this judgment, the Supreme Court or the Chief Justice actually saying in this at the end, [01:56:20.000 --> 01:56:24.000] actually we know that Arkansas is a recording state. [01:56:24.000 --> 01:56:27.000] And so I'm finding that rather interesting. [01:56:27.000 --> 01:56:32.000] Does it have, okay, not a recording state. [01:56:32.000 --> 01:56:36.000] What does that mean? [01:56:36.000 --> 01:56:39.000] Well, there's a good question. [01:56:39.000 --> 01:56:44.000] Okay, let me clarify where I'm really going. [01:56:44.000 --> 01:56:49.000] In Texas, you don't have to record anything. [01:56:49.000 --> 01:56:55.000] So you might say Texas is not a recording state because there's no requirement to record anything. [01:56:55.000 --> 01:56:58.000] You can, you have that option. [01:56:58.000 --> 01:57:03.000] But if you decide not to, you don't have a claim. [01:57:03.000 --> 01:57:06.000] You can't enforce your claim. [01:57:06.000 --> 01:57:16.000] So in order to enforce your claim, do you have to have it filed in the record? [01:57:16.000 --> 01:57:18.000] I don't know. [01:57:18.000 --> 01:57:20.000] That's the important distinction. [01:57:20.000 --> 01:57:21.000] Think about it. [01:57:21.000 --> 01:57:23.000] You almost have to. [01:57:23.000 --> 01:57:26.000] They just have to have this requirement. [01:57:26.000 --> 01:57:32.000] Otherwise, nobody could ever go to Arkansas and buy the property. [01:57:32.000 --> 01:57:34.000] Because you don't know if you buy the property today, [01:57:34.000 --> 01:57:38.000] somebody's going to come along tomorrow and take it away from you. [01:57:38.000 --> 01:57:42.000] Because you have no idea what claims are out there. [01:57:42.000 --> 01:57:46.000] Arkansas cannot let that happen. [01:57:46.000 --> 01:57:51.000] So I bet that where they say it's not a recording state, [01:57:51.000 --> 01:57:57.000] they're saying that you're not required to record like you are in Pennsylvania. [01:57:57.000 --> 01:57:58.000] Yeah. [01:57:58.000 --> 01:57:59.000] Now, I hear where you're coming from. [01:57:59.000 --> 01:58:02.000] We've got like maybe three minutes here. [01:58:02.000 --> 01:58:08.000] But this has been very, very interesting and I appreciate it very much. [01:58:08.000 --> 01:58:11.000] All this is making me think twice about filing bankruptcy [01:58:11.000 --> 01:58:14.000] and then trying to file some kind of support. [01:58:14.000 --> 01:58:18.000] Bankruptcy is the last thing you want to do. [01:58:18.000 --> 01:58:19.000] Yeah. [01:58:19.000 --> 01:58:20.000] Okay. [01:58:20.000 --> 01:58:21.000] We are out of time. [01:58:21.000 --> 01:58:26.000] Thank you, Mark, and sorry to give you so little time. [01:58:26.000 --> 01:58:27.000] It's all right. [01:58:27.000 --> 01:58:30.000] This is Randy Kelton, Rue of La Radio. [01:58:30.000 --> 01:58:32.000] We'll be back next Thursday. [01:58:32.000 --> 01:58:37.000] We'll probably run an archive Friday since it's July the 3rd. [01:58:37.000 --> 01:58:41.000] But then we'll be back the 10th, the 9th and 10th. [01:58:41.000 --> 01:58:45.000] Thank you all for listening and good night. [01:59:11.000 --> 01:59:38.000] Thank you. [01:59:41.000 --> 01:59:52.000] That's 888-551-0102 or visit us online at bfa.org. [01:59:52.000 --> 01:59:53.000] Looking for some truth? [01:59:53.000 --> 01:59:55.000] You found it. [01:59:55.000 --> 02:00:14.000] Logosradionetwork.com.