[00:00.000 --> 00:05.840]  The following newsflash is brought to you by the Lone Star Lowdown, providing your jelly
[00:05.840 --> 00:13.440]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.440 --> 00:21.280]  into the tides of the alternative.
[00:21.280 --> 00:26.600]  Markets for Wednesday, March 30, 2016, are currently treading with gold at $1,227.66
[00:26.600 --> 00:34.040]  an ounce, silver $15.20 an ounce, Texas crude $38.28 a barrel, and Bitcoin is currently
[00:34.040 --> 00:43.160]  sitting at about $412 U.S. currency.
[00:43.160 --> 00:49.280]  Today in history, the year 1870, Texas becomes the last Confederate state remitted to the
[00:49.280 --> 00:50.280]  Union.
[00:50.280 --> 00:55.400]  Though the new state constitution wasn't approved until 1876, Texas formerly part of the Confederacy
[00:55.400 --> 01:02.080]  was admitted into the Union, today in history.
[01:02.080 --> 01:05.320]  In recent news, the Federal Trade Commission announced today its efforts to crack down
[01:05.320 --> 01:06.840]  on fake cancer charities.
[01:06.840 --> 01:11.240]  The Cancer Fund of America, Cancer Support Services, and their leader, James Reynolds,
[01:11.240 --> 01:15.840]  including Reynolds Sr., will have to surrender an undisclosed amount of their personal assets
[01:15.840 --> 01:18.560]  as part of a settlement with the FTC and states.
[01:18.560 --> 01:22.960]  These reported nonprofits agreed to be permanently dissolved and their assets liquidated.
[01:22.960 --> 01:27.680]  This is also prohibited for life from managing charitable assets or being part of a charity's
[01:27.680 --> 01:30.120]  board or a trustee.
[01:30.120 --> 01:35.320]  Apparently according to the FTC, of more than the $75 million the charities raised, a vast
[01:35.320 --> 01:39.320]  majority of these funds were going to the charity's organizers and their friends with
[01:39.320 --> 01:44.060]  a measly percentage, less than five, going to actual patients and research.
[01:44.060 --> 01:49.040]  To make matters worse, an estimated 85% of the millions were spent on fundraising for
[01:49.040 --> 01:50.360]  the scheme itself.
[01:50.360 --> 01:54.660]  The charity's remaining assets will first go to pay the state's litigation fees, afterward
[01:54.660 --> 01:59.880]  to actual legitimate charities the state selects, though an FTC spokesman did state in an email
[01:59.880 --> 02:08.480]  that if there's any money left, it would probably be a very small amount.
[02:08.480 --> 02:12.620]  After more than six years in development, IBM's TrueNorth brain-inspired processor
[02:12.620 --> 02:16.460]  will be put to the test at the Lawrence Livermore National Lab.
[02:16.460 --> 02:21.420]  They purchased IBM's Neuromorphic System, a brain-inspired program based on the TrueNorth
[02:21.420 --> 02:22.420]  chip.
[02:22.420 --> 02:26.760]  The California Research Lab is set to use it to help the National Nuclear Security Administration
[02:26.760 --> 02:28.840]  battle cybersecurity issues.
[02:28.840 --> 02:34.360]  Consuming just 2.5 watts of power, the same as a tablet computer, the Neuromorphic System
[02:34.360 --> 02:40.320]  can process the equivalent of 16 million neurons and 4 billion synapses, containing only 16
[02:40.320 --> 02:42.000]  of these TrueNorth chips.
[02:42.000 --> 02:47.200]  IBM Chief Scientist Dharmendra Modha stated that the delivery of this advanced computing
[02:47.200 --> 02:52.920]  platform represents a major milestone as we enter the next era of cognitive computing.
[02:52.920 --> 03:12.760]  This is Rick Rode with your Lowdown for March 30, 2016.
[03:12.760 --> 03:32.160]  Okay, we are back, Randy Kelton, we were already here and we're talking to Chris in Pennsylvania.
[03:32.160 --> 03:35.920]  Okay, Chris, we were about done here.
[03:35.920 --> 03:36.920]  Where were we?
[03:36.920 --> 03:43.360]  We were talking, I had another flash of...
[03:43.360 --> 03:48.960]  We were talking about the FDCPA, if that was even a formidable thing, if they have to start
[03:48.960 --> 03:56.200]  this over again, do we make that statement to the judge that this, you know, no assignment
[03:56.200 --> 04:02.400]  is possible since they're a servicer or a debt collector attempting to take assignment
[04:02.400 --> 04:05.480]  of mortgage while in default?
[04:05.480 --> 04:08.160]  Well, they can do that.
[04:08.160 --> 04:09.160]  Okay.
[04:09.160 --> 04:16.920]  They can, but when they do, then you need to send a qualified written request.
[04:16.920 --> 04:17.920]  We've already done that.
[04:17.920 --> 04:26.840]  Oh, wait, you got a new servicer, a new servicer, a new qualified written request.
[04:26.840 --> 04:30.080]  Okay, so we get a new servicer?
[04:30.080 --> 04:36.960]  Yeah, if they change servicers, you get to file another qualified written request.
[04:36.960 --> 04:40.080]  Okay, well, they wouldn't change servicers, would they?
[04:40.080 --> 04:41.760]  It would still be Wells Fargo.
[04:41.760 --> 04:43.120]  Oh, no.
[04:43.120 --> 04:47.400]  See, Wells Fargo now is not the servicer and that's the whole point.
[04:47.400 --> 04:51.960]  They're the servicer for a different loan.
[04:51.960 --> 05:00.480]  So now they would have to be assigned as the servicer for the deed of trust, for the loan
[05:00.480 --> 05:05.280]  that the deed of trust is securing.
[05:05.280 --> 05:09.600]  Right now they're the servicer for the construction loan that doesn't exist.
[05:09.600 --> 05:10.600]  Right.
[05:10.600 --> 05:14.760]  So who would they get that servicing right from?
[05:14.760 --> 05:15.760]  Good question.
[05:15.760 --> 05:20.560]  That's why we send them a qualified written request and debt validation letter.
[05:20.560 --> 05:23.360]  Okay, another one.
[05:23.360 --> 05:31.280]  And I just happen to have one that includes a notice of rescission.
[05:31.280 --> 05:34.400]  Okay.
[05:34.400 --> 05:45.000]  Just for the heck of it, but see now if the judge rules that they're the servicer for
[05:45.000 --> 05:50.960]  this construction loan and the construction loan has been paid off, then they're not the
[05:50.960 --> 05:53.640]  servicer for the active loan.
[05:53.640 --> 05:54.640]  Right.
[05:54.640 --> 05:59.600]  Nor is there a lender for the active loan that's been charged into bankruptcy.
[05:59.600 --> 06:03.960]  So they would have to be appointed as servicer.
[06:03.960 --> 06:07.680]  So when they come back and say, oh, I was appointed as servicer, you're going to say,
[06:07.680 --> 06:13.480]  hold on, guys, here's my debt validation letter.
[06:13.480 --> 06:16.520]  Show me that you are the servicer.
[06:16.520 --> 06:21.480]  Show me how you got appointed as servicer by a dead guy.
[06:21.480 --> 06:23.520]  Right.
[06:23.520 --> 06:33.000]  I have an, send me an email, I'll send you an argument, I just filed, a friend of mine,
[06:33.000 --> 06:37.920]  we filed it in the San Diego court.
[06:37.920 --> 06:45.840]  This case exactly mirrors Enova, and Enova is a California case that just said that you
[06:45.840 --> 06:49.280]  have a right to challenge the assignment.
[06:49.280 --> 06:56.560]  His mirrored the Enova case except for a minor issue on that.
[06:56.560 --> 07:04.960]  But the claim Enova made was the assignment was void and not voidable, it was void on
[07:04.960 --> 07:12.120]  its face because the assignment was made by MERS purportedly for a company that wasn't
[07:12.120 --> 07:15.280]  in business.
[07:15.280 --> 07:24.000]  And we made the argument, the same argument in ours saying that in 2007, American Brokers
[07:24.000 --> 07:31.800]  conduit was a person under law, they're legally defined as a person.
[07:31.800 --> 07:36.400]  So in 2008, that person died.
[07:36.400 --> 07:42.240]  But since the person was a legal fiction, when this person dies, their assets don't
[07:42.240 --> 07:45.520]  go into probate.
[07:45.520 --> 07:51.920]  So if a person is a legal fiction and they're going to die, they have to transfer their
[07:51.920 --> 07:56.760]  assets to someone else before they die.
[07:56.760 --> 08:00.240]  But American Brokers conduit didn't do that.
[08:00.240 --> 08:10.600]  So how does American Brokers conduit get resurrected from the dead five years later
[08:10.600 --> 08:18.200]  in order to direct MERS to dispose of its assets?
[08:18.200 --> 08:27.480]  A claim is that when the legal person died without transferring its claim to someone
[08:27.480 --> 08:33.520]  else, the claim was abandoned.
[08:33.520 --> 08:34.520]  Does that make sense?
[08:34.520 --> 08:36.520]  That makes total sense.
[08:36.520 --> 08:43.320]  I will send you that argument because we have that in front of the Court of Appeals in California
[08:43.320 --> 08:46.000]  right now.
[08:46.000 --> 08:51.200]  The argument we're making is we're trying to get them to distinguish Enova.
[08:51.200 --> 08:52.200]  Right.
[08:52.200 --> 08:58.680]  And Enova said that after foreclosure, you can challenge this.
[08:58.680 --> 08:59.680]  You have standing.
[08:59.680 --> 09:10.640]  And we're saying that after foreclosure should be read to mean after the initiation of foreclosure,
[09:10.640 --> 09:20.800]  not after the person's been evicted because when there's an assignment and there's no
[09:20.800 --> 09:26.960]  action concerning the borrower, the borrower hasn't been harmed by the assignment.
[09:26.960 --> 09:33.760]  But when the assignee files a notice of default and notice of acceleration in the public record,
[09:33.760 --> 09:38.080]  now the borrower has been harmed.
[09:38.080 --> 09:44.440]  Now he has standing concerning that transaction because the party transferred to just harmed
[09:44.440 --> 09:48.520]  him by filing a notice of acceleration in the court.
[09:48.520 --> 09:57.320]  So the question to the court is, how does my legal standing change from the time they
[09:57.320 --> 10:03.720]  file a notice of acceleration until the time they sell the property?
[10:03.720 --> 10:08.600]  What Enova is read to mean is after they sell the property, my right accrues.
[10:08.600 --> 10:13.880]  Well, we're saying we're harmed with the notice of acceleration because every lawyer in the
[10:13.880 --> 10:16.800]  country is sending us deadbeat letters.
[10:16.800 --> 10:22.680]  So we can help you save money, you're absolutely broke, we can tell that.
[10:22.680 --> 10:24.720]  So we need to help you file for bankruptcy.
[10:24.720 --> 10:28.560]  Well, that's slander or liable.
[10:28.560 --> 10:33.000]  So we've been liable if this was an improper filing.
[10:33.000 --> 10:35.320]  Now we should have standing to fight this thing.
[10:35.320 --> 10:43.760]  And we're trying to get them to say after foreclosure means after the foreclosure begins.
[10:43.760 --> 10:46.960]  That's my story and I'm sticking to it.
[10:46.960 --> 10:47.960]  Okay.
[10:47.960 --> 10:48.960]  It's a little off subject.
[10:48.960 --> 10:57.160]  No, that's perfectly on the subject because the more people you get to put into that being
[10:57.160 --> 11:04.240]  case law, the more it can be used and it's something that should be fought.
[11:04.240 --> 11:13.680]  In your case, right now, if the judge rules that they have the wrong mortgage, then there
[11:13.680 --> 11:16.960]  is no servicer for the correct mortgage.
[11:16.960 --> 11:17.960]  Correct.
[11:17.960 --> 11:24.240]  And in Pennsylvania, Pennsylvania is a race state and I have no servicer and I have no
[11:24.240 --> 11:29.640]  mortgagee and that's the only thing standing because the debt was discharged in bankruptcy
[11:29.640 --> 11:34.880]  and I go down to the prothonotary's office with the trust deed to the property that we
[11:34.880 --> 11:41.760]  own and make a claim to the property since there is no one else there to make a claim
[11:41.760 --> 11:49.960]  at that point and I'm first to the prothonotary's office, would my claim stick?
[11:49.960 --> 11:50.960]  You don't need to.
[11:50.960 --> 11:53.920]  You already have a warranty deed.
[11:53.920 --> 11:55.200]  Right.
[11:55.200 --> 11:56.200]  We own the property.
[11:56.200 --> 11:57.200]  Yeah.
[11:57.200 --> 11:58.200]  We have the deed to the property.
[11:58.200 --> 11:59.200]  You own the property.
[11:59.200 --> 12:00.200]  Right.
[12:00.200 --> 12:05.760]  Somebody else is going to have to step forward with standing to enforce a claim against the
[12:05.760 --> 12:06.760]  property.
[12:06.760 --> 12:07.760]  Correct.
[12:07.760 --> 12:14.400]  If these guys fall short in this regard and it sounds like the court's calling them to
[12:14.400 --> 12:22.600]  task on it, then there's no way they can get an assignment at this point.
[12:22.600 --> 12:24.640]  Right.
[12:24.640 --> 12:33.400]  I would suggest you file a, have you filed a quiet title action against this mortgage?
[12:33.400 --> 12:39.480]  I'm almost finished with writing it and we're going to file it by the end of the week.
[12:39.480 --> 12:40.480]  Wonderful.
[12:40.480 --> 12:46.080]  I would, who are you going to name?
[12:46.080 --> 12:52.040]  Well, if I have to name every party who's taken or who's been, I've been told is a
[12:52.040 --> 12:53.040]  party to this.
[12:53.040 --> 12:56.320]  No, no, no, hold on, hold on.
[12:56.320 --> 13:05.200]  Hey, just, just for the record, I'm also a party and, and, and, and so is my producer
[13:05.200 --> 13:06.400]  over here, Robert.
[13:06.400 --> 13:10.480]  He's a party too.
[13:10.480 --> 13:17.680]  How am I less a party than the person who's trying to foreclose right now?
[13:17.680 --> 13:18.680]  Right.
[13:18.680 --> 13:28.960]  Who, as far as I can tell, there's only one party to the contract and that's the party
[13:28.960 --> 13:33.120]  whose name is on the contract.
[13:33.120 --> 13:37.840]  I would name only the party who's on the contract.
[13:37.840 --> 13:46.000]  And if somebody else wants to exert a claim, then you ask for a proof of hearing.
[13:46.000 --> 13:52.760]  I certainly would not stipulate that anyone is a party other than the original lender.
[13:52.760 --> 13:56.920]  Well, the original lender would be Wachovia.
[13:56.920 --> 14:09.240]  Or a party to whom Wachovia legitimately assigned the security instrument.
[14:09.240 --> 14:10.640]  Is there such a party?
[14:10.640 --> 14:16.360]  Well, there isn't anyone that we can think of because no one's been assigned the mortgage.
[14:16.360 --> 14:19.640]  They've been assigned a continuity construction loan.
[14:19.640 --> 14:25.760]  So there is no other interested party.
[14:25.760 --> 14:34.000]  If somebody wants to come along and intervene, then good luck with that, guys, you know,
[14:34.000 --> 14:39.080]  you're going to legally tell them, butt out of my business or prove up your position.
[14:39.080 --> 14:42.000]  You've got them in the exact position you want them in.
[14:42.000 --> 14:43.000]  Right.
[14:43.000 --> 14:46.840]  Now, my only worry with that is that, you know, the judge may look at this as though
[14:46.840 --> 14:53.280]  we're trying to prolong the foreclosure case and may rule against the quiet title for that
[14:53.280 --> 14:54.280]  reason.
[14:54.280 --> 15:00.560]  No, no, that's none of the... foreclosure is none of the judge's business.
[15:00.560 --> 15:01.560]  Okay.
[15:01.560 --> 15:03.560]  It's not relevant.
[15:03.560 --> 15:04.560]  Okay.
[15:04.560 --> 15:10.040]  This only goes to the validity of that document.
[15:10.040 --> 15:11.040]  Okay.
[15:11.040 --> 15:17.560]  So then we don't claim anyone in the quiet title and just open it up for anyone to come
[15:17.560 --> 15:20.560]  to claim.
[15:20.560 --> 15:27.520]  Well, you send a public notice, you file a public notice to Wachovia, but Wachovia doesn't
[15:27.520 --> 15:28.520]  exist anymore.
[15:28.520 --> 15:29.520]  Right.
[15:29.520 --> 15:36.840]  And Wachovia, when they went out of business, they didn't assign their interest to anyone
[15:36.840 --> 15:50.280]  and your... the claim of the quiet title is, is that the claim of Wachovia became void
[15:50.280 --> 15:55.280]  when Wachovia ceased to exist without assigning the claim to someone else.
[15:55.280 --> 15:56.280]  Okay.
[15:56.280 --> 16:02.760]  That someone... then it's up to someone else to come forward and show that there was an
[16:02.760 --> 16:12.400]  assignment and as I understand in Pennsylvania, it's statutory that they must file it.
[16:12.400 --> 16:14.520]  Correct.
[16:14.520 --> 16:15.520]  But with...
[16:15.520 --> 16:16.520]  And you...
[16:16.520 --> 16:22.400]  What just happened with Nancy Becker's case was that those assignments are not unlawful
[16:22.400 --> 16:28.120]  to not record, but that they just don't record interest in the loan.
[16:28.120 --> 16:29.600]  Now, wait a minute.
[16:29.600 --> 16:30.600]  I was...
[16:30.600 --> 16:31.600]  Okay.
[16:31.600 --> 16:32.600]  They're saying that...
[16:32.600 --> 16:42.000]  I understood from Ms. Leslie that there were statutory required to them to file their claim.
[16:42.000 --> 16:43.000]  They are.
[16:43.000 --> 16:44.000]  But the...
[16:44.000 --> 16:45.000]  Then...
[16:45.000 --> 16:46.000]  Okay.
[16:46.000 --> 16:51.840]  Then the issue is, is they violated the law relating to the contract, repudiated it.
[16:51.840 --> 17:01.560]  Hang on, Randy Kelton, Rue of Law Radio, we'll be right back.
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[19:00.360 --> 19:18.080]  Well, don't let nothing get to you, only the father can deliver you, don't let bad
[19:18.080 --> 19:27.200]  mind people hurt you, until Satan get behind you, you know what I mean, my friend, now
[19:27.200 --> 19:36.280]  you're a good father, you know what I mean.
[19:36.280 --> 19:52.320]  My friend, now you're a good father, you know what I mean, my friend, now you're a good
[19:52.320 --> 19:58.620]  Is there a legal requirement to file a claim against real property?
[19:58.620 --> 20:02.740]  Okay, it's required.
[20:02.740 --> 20:04.400]  Is it statutory?
[20:04.400 --> 20:05.400]  Yes.
[20:05.400 --> 20:13.000]  I mean, unlike Texas, in Texas you don't have to file if you don't want to.
[20:13.000 --> 20:16.960]  Are you required statutorily to file in Pennsylvania?
[20:16.960 --> 20:22.000]  Yes, under the statutes of fraud.
[20:22.000 --> 20:23.680]  Okay, good.
[20:23.680 --> 20:32.840]  So Chris, the claim you make is one of breach of contract.
[20:32.840 --> 20:44.560]  The mortgage is probably covenant 15, 14 or 15, is the severability and controlling law
[20:44.560 --> 20:50.720]  clause, where both parties agree to abide by all relevant law.
[20:50.720 --> 21:01.440]  And you have a law that requires them to file a notice of claim with the county recorder.
[21:01.440 --> 21:06.800]  You claim that by failing to file that notice of claim, they breach the contract, even if
[21:06.800 --> 21:09.680]  they could show they had standing.
[21:09.680 --> 21:14.840]  The security instruments avoid in any case.
[21:14.840 --> 21:15.840]  Okay.
[21:15.840 --> 21:18.840]  Does that make sense?
[21:18.840 --> 21:19.840]  Right.
[21:19.840 --> 21:26.960]  It's one place I don't see a lot of people going is breach of contract.
[21:26.960 --> 21:29.520]  And that's a really simple argument.
[21:29.520 --> 21:33.760]  So you agreed to do this thing.
[21:33.760 --> 21:39.880]  We granted you this privilege of a claim against the property on the condition that you abide
[21:39.880 --> 21:44.680]  by these covenants where you defaulted on the covenant.
[21:44.680 --> 21:49.720]  And now you want to come to us and say, we defaulted on a covenant after you had already
[21:49.720 --> 21:50.720]  defaulted.
[21:50.720 --> 21:55.720]  Your default effected a repudiation of the contract.
[21:55.720 --> 22:01.200]  You cannot now come and claim the privilege granted on the condition of a covenant that
[22:01.200 --> 22:02.200]  you violated.
[22:02.200 --> 22:10.560]  That should be pretty simple for a judge to wrap his head around.
[22:10.560 --> 22:20.080]  And the ruling does not extend beyond the limits of this particular case.
[22:20.080 --> 22:24.040]  It's not a ruling that changes the world as he knows it.
[22:24.040 --> 22:31.600]  It's a fact-based ruling on this particular case, a lot easier for the judge to make.
[22:31.600 --> 22:32.600]  Randy?
[22:32.600 --> 22:33.600]  Yes, ma'am.
[22:33.600 --> 22:34.600]  Okay.
[22:34.600 --> 22:43.440]  Under 18 of the Pennsylvania statutes, it's the criminal code of 4911.
[22:43.440 --> 22:49.160]  It means that what it does is if you put in a false instrument or an instrument that does
[22:49.160 --> 22:55.920]  not relay what actually happened, it means if it misses in their reading assignments,
[22:55.920 --> 22:57.960]  that's a falsehood.
[22:57.960 --> 23:00.200]  And that's what's illegal there.
[23:00.200 --> 23:04.240]  Oh, so- You get seven years in prison.
[23:04.240 --> 23:08.600]  Well, what if they don't file anything at all?
[23:08.600 --> 23:16.160]  If they don't file any assignments, then it comes under 625, which it says that the Recruiter
[23:16.160 --> 23:27.520]  of Deeds has to have an updated record of all parties interested in the mortgage itself.
[23:27.520 --> 23:29.080]  Oh, okay.
[23:29.080 --> 23:37.520]  So Pennsylvania law doesn't statutorily require them to file the update.
[23:37.520 --> 23:42.600]  It just limits their rights if they don't file the update, is that correct?
[23:42.600 --> 23:43.600]  Yes.
[23:43.600 --> 23:44.600]  Okay.
[23:44.600 --> 23:47.560]  I was- That's why I was raising this question.
[23:47.560 --> 23:51.800]  I was under the impression that they were required to make the filing.
[23:51.800 --> 23:58.280]  Well, if they don't do it within six months, they cannot transfer it to another party.
[23:58.280 --> 24:05.400]  And if they don't record it within 90 days, anybody else that has a claim doesn't have
[24:05.400 --> 24:07.520]  to include them.
[24:07.520 --> 24:11.280]  It means that- Did you get that, Chris?
[24:11.280 --> 24:13.280]  Their claim over anybody else.
[24:13.280 --> 24:14.280]  Yep.
[24:14.280 --> 24:15.280]  Yep.
[24:15.280 --> 24:16.280]  Okay.
[24:16.280 --> 24:17.760]  That was- Thank you, Ms. Leslie.
[24:17.760 --> 24:20.160]  That's exactly what Chris needed.
[24:20.160 --> 24:21.160]  Yep.
[24:21.160 --> 24:22.160]  I've spoken with Leslie.
[24:22.160 --> 24:23.160]  Title 21.
[24:23.160 --> 24:24.160]  Yep.
[24:24.160 --> 24:31.680]  Leslie and I have spoken about this for quite some time, and we were looking at this.
[24:31.680 --> 24:42.200]  Now, my question is to when, how do you determine, in the Novo case in California, how do you
[24:42.200 --> 24:46.240]  determine that a bank is no longer in business?
[24:46.240 --> 24:52.920]  What is it that sets it apart from just saying that they went bankrupt, whatever?
[24:52.920 --> 24:59.000]  Is there a charter- Yes, you check that they are registered to
[24:59.000 --> 25:00.000]  do business.
[25:00.000 --> 25:06.400]  Either they are a national association and they'll be registered with the federal government
[25:06.400 --> 25:11.480]  to do business, or they must be registered with the state to do business.
[25:11.480 --> 25:19.080]  Generally, the way I tell, like with American Brokers Conduit, is I did a search form online
[25:19.080 --> 25:23.800]  and I found an article where they were dissolved in bankruptcy in 2008.
[25:23.800 --> 25:24.800]  Right.
[25:24.800 --> 25:34.200]  The bankruptcy court, you know, put them out of business, they got another article about
[25:34.200 --> 25:45.400]  where they tried to retain part of their servicing, but they had to shut it all down and laid
[25:45.400 --> 25:51.040]  off all of their employees, and some of the executives were trying to find their employees
[25:51.040 --> 25:53.240]  new places to work.
[25:53.240 --> 25:59.280]  That was enough to establish that the company is out of business, and I can't find them
[25:59.280 --> 26:05.520]  registered to do business anywhere, and like in this case, you don't have to establish
[26:05.520 --> 26:12.560]  that Wachovia was out of business, I mean the government shut them down.
[26:12.560 --> 26:22.760]  Right, well in their trial against the laundering drug money, they paid a heavy fine, and along
[26:22.760 --> 26:28.400]  with that, they lost their banking charter, so that put them...
[26:28.400 --> 26:32.280]  They may still be in business somehow, but they're not in the banking business anymore.
[26:32.280 --> 26:38.400]  Right, so they can't do mortgages, they're not allowed to do investments, I mean the
[26:38.400 --> 26:40.800]  banking business dictates a charter.
[26:40.800 --> 26:45.480]  But that doesn't mean they can't retain their assets.
[26:45.480 --> 26:48.760]  Right, right, okay.
[26:48.760 --> 26:49.760]  Does Wachovia...
[26:49.760 --> 27:05.600]  Okay, Wachovia, apparently all of its assets were transferred to Wells Fargo, but like
[27:05.600 --> 27:14.880]  Ms. Leslie said, they had six months to file notice of that transfer in the public record,
[27:14.880 --> 27:18.680]  and they didn't.
[27:18.680 --> 27:24.000]  So you don't really have to establish that Wachovia is not in business, nobody's going
[27:24.000 --> 27:33.080]  to challenge that, and then when Wells Fargo tries to step forward and say, well we hold
[27:33.080 --> 27:36.320]  the assets, well maybe you do.
[27:36.320 --> 27:46.560]  But to quote Judge Shipman in Denton County, when I quoted an attorney general's opinion
[27:46.560 --> 27:51.200]  to him, he said, quite frankly, Mr. Kelton, as far as this court is concerned, you can
[27:51.200 --> 27:54.280]  use that for toilet paper.
[27:54.280 --> 28:00.160]  So if Wells Fargo actually has, actually holds the security instrument, they didn't file
[28:00.160 --> 28:04.840]  it with the clerk within six months, so they can use it for toilet paper.
[28:04.840 --> 28:05.840]  Randy?
[28:05.840 --> 28:06.840]  Yes ma'am?
[28:06.840 --> 28:07.840]  Am I correct there?
[28:07.840 --> 28:17.840]  Yes, you are correct, because they can hold the instrument, and they can collect on the
[28:17.840 --> 28:21.560]  instrument, but they cannot use it in court, because what they want to do is foreclose
[28:21.560 --> 28:26.520]  and transfer it, and under the law, if they haven't recorded it in six months, they cannot
[28:26.520 --> 28:30.680]  transfer it to anybody else.
[28:30.680 --> 28:34.120]  You see the catch there?
[28:34.120 --> 28:40.120]  Oh, so they have, okay, this creates a conundrum for them.
[28:40.120 --> 28:46.240]  They have a claim they can't collect, but because they didn't record it, they can't
[28:46.240 --> 28:47.920]  sell their claim to somebody else.
[28:47.920 --> 28:48.920]  They can't...
[28:48.920 --> 28:49.920]  Exactly.
[28:49.920 --> 28:58.160]  They can't come to the court, and foreclose on the property, and then dispose of it.
[28:58.160 --> 28:59.160]  No.
[28:59.160 --> 29:05.520]  So all they can do is sit there and wait until their statute of limitation runs out, and
[29:05.520 --> 29:08.520]  then go home.
[29:08.520 --> 29:13.840]  Does that sound cool, Chris?
[29:13.840 --> 29:16.920]  The best thing I've heard all day.
[29:16.920 --> 29:21.280]  Okay, I think we're in good shape.
[29:21.280 --> 29:22.720]  Yeah.
[29:22.720 --> 29:29.640]  Just to let the court know that Ms. Leslie is helping you, and they will run for the
[29:29.640 --> 29:30.640]  hills.
[29:30.640 --> 29:31.640]  Okay, hang on.
[29:31.640 --> 29:32.640]  We're about to go for a break.
[29:32.640 --> 29:33.640]  Do you have anything else, Chris?
[29:33.640 --> 29:34.640]  No, that was it.
[29:34.640 --> 29:35.640]  Thank you very much, Randy.
[29:35.640 --> 29:36.640]  Thank you, Leslie.
[29:36.640 --> 29:37.640]  Okay.
[29:37.640 --> 29:38.640]  Thank you, Chris.
[29:38.640 --> 29:39.640]  Okay.
[29:39.640 --> 29:40.640]  We will pick this back up again.
[29:40.640 --> 29:54.160]  Randy Kelton, Reel's Law Radio, our call-in number, 512-646-1984, we'll be right back.
[29:54.160 --> 30:05.840]  Put down that soda and back away.
[30:05.840 --> 30:18.000]  I'm Dr. Catherine Albrecht, back with details in a moment.
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[33:24.760 --> 33:25.760]  Okay.
[33:25.760 --> 33:26.760]  We are back.
[33:26.760 --> 33:30.800]  Randy Kelton, Rule of Law Radio, and we're talking to Leslie in Pennsylvania.
[33:30.800 --> 33:36.760]  Leslie, did you just call in to comment on Chris's issue or did you have a question or
[33:36.760 --> 33:37.760]  comment?
[33:37.760 --> 33:38.760]  Oops.
[33:38.760 --> 33:39.760]  Try that again.
[33:39.760 --> 33:40.760]  Okay.
[33:40.760 --> 33:41.760]  Now you're un-muted.
[33:41.760 --> 33:48.000]  Somehow my un-mute button is not working too good.
[33:48.000 --> 33:50.480]  We have other stuff going on here.
[33:50.480 --> 33:58.160]  We have gotten an opinion from the court after we sent in our statement of errors for our
[33:58.160 --> 33:59.160]  appeal.
[33:59.160 --> 34:05.920]  And it's funny, it's actually laughable, believe it or not.
[34:05.920 --> 34:10.960]  And then when I discussed this judge with my attorney, he said that he's really under
[34:10.960 --> 34:17.840]  the ball because he's corrupt, to put it mildly.
[34:17.840 --> 34:23.160]  We said that there was an error because they didn't, they failed to include Fannie Mae
[34:23.160 --> 34:30.840]  as the owner of the note, who isn't involved in the, what do you call it, the foreclosure.
[34:30.840 --> 34:35.520]  And he didn't address that at all in his order and opinion.
[34:35.520 --> 34:39.320]  That's a denial of due process.
[34:39.320 --> 34:40.320]  Okay.
[34:40.320 --> 34:41.320]  Yes.
[34:41.320 --> 34:46.680]  Then it says the court committed an error of law by allowing the plaintiff to use an
[34:46.680 --> 34:51.240]  assignment of mortgage that's a statutory forgery, that the lender did not have, the
[34:51.240 --> 34:55.280]  assigning lender did not have any participation in the assignment of mortgage and approved
[34:55.280 --> 35:00.840]  it by their own mouth and mortgage electronic registration system.
[35:00.840 --> 35:06.320]  And they're saying that it's a, it's not, it doesn't matter that it's a forgery because
[35:06.320 --> 35:11.880]  it's not a statutory forgery since it was executed five years after the loan, even though
[35:11.880 --> 35:19.080]  it says it's 2012 and it transferred in 2007, they said this argument is maritalist, but
[35:19.080 --> 35:24.640]  they did not address the assigning lender having no participation.
[35:24.640 --> 35:30.960]  And we've got documentation on that because they said in court they had nothing whatsoever
[35:30.960 --> 35:34.120]  to do with the assignment of mortgage.
[35:34.120 --> 35:41.760]  So then we put in that the court committed a, what do you call it, an error?
[35:41.760 --> 35:43.360]  Percival error?
[35:43.360 --> 35:44.360]  Yeah.
[35:44.360 --> 35:50.240]  Because they, the defendants, that's us, owned the mortgage and note by operation of law
[35:50.240 --> 35:53.200]  because it was rescinded in 2010.
[35:53.200 --> 36:01.960]  And they're saying that violations of TILA is not, Pennsylvania courts hold that a violation
[36:01.960 --> 36:09.120]  of TILA is not permissible counterclaim in a mortgage foreclosure suit.
[36:09.120 --> 36:16.880]  And we rescinded not only under TILA, but under the Pennsylvania, what do you call it,
[36:16.880 --> 36:20.000]  rescission statute.
[36:20.000 --> 36:25.080]  And we said the court committed error by plaintiffs proceeding without standing and we said they
[36:25.080 --> 36:36.080]  had, we had no standing to challenge the standing of the assignee.
[36:36.080 --> 36:41.440]  Is there any ruling similar to ENOVA in Pennsylvania?
[36:41.440 --> 36:44.320]  I wish there was, I don't know.
[36:44.320 --> 36:48.680]  If there's not one under full facing credit, you should be able to bring it in.
[36:48.680 --> 36:49.680]  Yeah.
[36:49.680 --> 36:58.920]  Because it's just, it's so goofy, you know, he didn't address the other one because the
[36:58.920 --> 37:05.000]  lawyer said we could get them by default, the one about Fannie Mae because they didn't
[37:05.000 --> 37:11.680]  include the lender, you know, the owner of the mortgage loan and because of the forgery
[37:11.680 --> 37:20.160]  that mortgage IT stated that they had no participation in the mortgage assignment.
[37:20.160 --> 37:25.560]  Regardless of that, it was five years out of time and the statute specifically says
[37:25.560 --> 37:31.280]  that if it says that it happened at one date and it happened at another, it's a forgery.
[37:31.280 --> 37:34.560]  That's in the law.
[37:34.560 --> 37:37.000]  So it's a statutory forgery.
[37:37.000 --> 37:44.160]  Yeah, under two counts, but he forgot to mention the other count where it's by a party that
[37:44.160 --> 37:48.640]  had no interest to transfer.
[37:48.640 --> 37:52.520]  You should move to disqualify the judge.
[37:52.520 --> 37:53.520]  I think so.
[37:53.520 --> 37:59.080]  The judge, he may be disqualified in the end anyway because he may be on the bench longer
[37:59.080 --> 38:00.080]  according to my attorney.
[38:00.080 --> 38:02.080]  He said he's in real hot water.
[38:02.080 --> 38:03.080]  Oh, good.
[38:03.080 --> 38:07.760]  See if you can heat it up for him.
[38:07.760 --> 38:11.800]  Okay, okay.
[38:11.800 --> 38:17.200]  If you have your opponent down on the ropes, he's stuck in the corner with his arms over
[38:17.200 --> 38:23.240]  the ropes and his legs sproutled out in front of him, what do you do?
[38:23.240 --> 38:25.200]  Kick him where it hurts.
[38:25.200 --> 38:26.200]  No quarter.
[38:26.200 --> 38:27.200]  Yeah.
[38:27.200 --> 38:28.200]  So here's hoping.
[38:28.200 --> 38:37.280]  And of course, as always, I've got a couple of issues in the hole that we haven't played
[38:37.280 --> 38:38.280]  yet.
[38:38.280 --> 38:39.280]  Okay.
[38:39.280 --> 38:42.280]  Now you got my attention.
[38:42.280 --> 38:50.440]  Well, it seems there's another mortgage that was entered into after the rescission, after
[38:50.440 --> 38:57.240]  the respocation of mortgage, because after we rescinded, we allowed for a year and then
[38:57.240 --> 39:02.280]  we put in a revocation of mortgage, that we revoke the mortgage, we had rescinded it,
[39:02.280 --> 39:03.280]  et cetera.
[39:03.280 --> 39:04.760]  Then we got another mortgage.
[39:04.760 --> 39:11.280]  So what's going to happen is we're going to have the other mortgage file a quiet title
[39:11.280 --> 39:15.000]  action against the foreclosing.
[39:15.000 --> 39:18.000]  The first one.
[39:18.000 --> 39:25.800]  Now, okay, this is a subsequent mortgage holder.
[39:25.800 --> 39:27.400]  That should be interesting.
[39:27.400 --> 39:35.960]  Yeah, that's what the lawyer loves, he says, oh, this is getting better.
[39:35.960 --> 39:44.960]  So either way, because if worse comes to worse, we'll just assign it to the other lender.
[39:44.960 --> 39:47.960]  Let's screw it all.
[39:47.960 --> 39:54.240]  We can run it from them.
[39:54.240 --> 39:59.080]  We were intended to give it to him anyway.
[39:59.080 --> 40:08.640]  That's an interesting conundrum.
[40:08.640 --> 40:15.280]  You rescinded the original mortgage, so the original mortgage should have disappeared.
[40:15.280 --> 40:16.280]  Right.
[40:16.280 --> 40:24.200]  We gave it a year before we got another one.
[40:24.200 --> 40:35.680]  And after you rescinded, did the lender with whom you rescinded file an opposition to the
[40:35.680 --> 40:36.680]  rescindion?
[40:36.680 --> 40:37.680]  No.
[40:37.680 --> 40:38.680]  No.
[40:38.680 --> 40:43.320]  Then according to Jasnowski, that's a done deal.
[40:43.320 --> 40:45.680]  Exactly.
[40:45.680 --> 40:50.520]  So wouldn't you have a direct remedy there?
[40:50.520 --> 40:54.560]  Yeah, a quiet title to the second mortgage holder.
[40:54.560 --> 40:58.120]  And you've done that already, correct?
[40:58.120 --> 40:59.120]  Not yet.
[40:59.120 --> 41:00.120]  Not yet.
[41:00.120 --> 41:04.640]  No, the second mortgage holder is going to file for a quiet title shortly.
[41:04.640 --> 41:09.840]  So that'll make the whole foreclosure.
[41:09.840 --> 41:10.840]  Okay.
[41:10.840 --> 41:11.840]  Okay.
[41:11.840 --> 41:18.680]  How does the second mortgage holder have standing to move to quiet the original title?
[41:18.680 --> 41:23.600]  As the first learned mortgage holder.
[41:23.600 --> 41:25.920]  The rescission was three parts.
[41:25.920 --> 41:32.400]  We sent in a notice of intent, we sent in a cease and desist, and then we sent in notice
[41:32.400 --> 41:34.600]  to cancel.
[41:34.600 --> 41:41.480]  And of those three, the first and the last were recorded in the county, and there was
[41:41.480 --> 41:43.880]  nothing to counter them.
[41:43.880 --> 41:52.000]  I mean, there was no opposition filed in the court of anything.
[41:52.000 --> 41:56.480]  So a year later, because it should have been done within a year, I mean, they have only
[41:56.480 --> 42:01.320]  20 days, but we should have been notified within six months and given a year to be on
[42:01.320 --> 42:05.280]  the safe side before we even consider getting another mortgage.
[42:05.280 --> 42:11.240]  So when we gave the other mortgage, it was with the understanding that was rescinded
[42:11.240 --> 42:13.600]  and nobody's objected.
[42:13.600 --> 42:23.880]  So yeah, and now because you got a second mortgage, now the original mortgagee is subject
[42:23.880 --> 42:24.880]  to latches.
[42:24.880 --> 42:25.880]  Yes.
[42:25.880 --> 42:37.640]  Even if they had a right, they didn't assert the right and subsequently your position materially
[42:37.640 --> 42:40.400]  changed.
[42:40.400 --> 42:45.080]  So the subject to latches, they can't bring the claim anyway.
[42:45.080 --> 42:46.080]  Right.
[42:46.080 --> 42:52.960]  The sign wasn't recorded until three or four years after we got the second mortgage.
[42:52.960 --> 43:00.280]  So, okay, and you're still having all this trouble fighting it?
[43:00.280 --> 43:01.280]  Yeah.
[43:01.280 --> 43:06.160]  So you really need to go after this judge.
[43:06.160 --> 43:12.960]  Yeah, we tried to go quiet title, but because I didn't put my husband on the quiet title
[43:12.960 --> 43:15.160]  complaint, they threw the complaint out.
[43:15.160 --> 43:17.280]  Just refiled it.
[43:17.280 --> 43:23.040]  Well, that's what we tried to do, but then they said, no, you're coming because before
[43:23.040 --> 43:28.960]  we got an order in the quiet title action, they filed the foreclosure action so that
[43:28.960 --> 43:37.200]  when I filed for the quiet title, they said that, you know, we're just trying to interfere
[43:37.200 --> 43:38.200]  with the foreclosure.
[43:38.200 --> 43:42.080]  And I got this move.
[43:42.080 --> 43:43.080]  Hmm.
[43:43.080 --> 43:44.080]  Okay.
[43:44.080 --> 43:45.080]  Hang on.
[43:45.080 --> 43:48.440]  I have to go to break Randy Kelton with the radio.
[43:48.440 --> 43:52.000]  I call it number 512-646-1984.
[43:52.000 --> 43:59.360]  You'll be right back.
[43:59.360 --> 44:02.960]  Hello.
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[44:48.360 --> 45:04.400]  Are you the plaintiff or defendant in a lawsuit?
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[46:20.760 --> 46:36.800]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Leslie in Pennsylvania.
[46:36.800 --> 46:43.840]  Okay, so they threw out your quiet title, so you're kind of stuck on you doing quiet
[46:43.840 --> 46:44.840]  title.
[46:44.840 --> 46:52.320]  So, now you have the second lender that will come in and attempt to move his second position
[46:52.320 --> 46:57.840]  lien to first position by quieting the title of the first position lien.
[46:57.840 --> 47:00.840]  Is that accurate?
[47:00.840 --> 47:05.480]  Yes, that's accurate.
[47:05.480 --> 47:13.920]  That'll make for an interesting situation because now you have two lenders working against
[47:13.920 --> 47:22.560]  one another, so the prejudice against the borrower won't be in play.
[47:22.560 --> 47:31.320]  So, that should be an interesting match up, would be sure be glad to hear how that works
[47:31.320 --> 47:32.840]  out.
[47:32.840 --> 47:37.640]  So, what do you have working now?
[47:37.640 --> 47:47.880]  Well, right now we have to kill the 11th of May to file our brief for our appeal.
[47:47.880 --> 47:57.040]  Okay, it sounds like the judge screwed up enough that you have a good shot at appeal.
[47:57.040 --> 48:02.120]  Is the second lender going to wait for the appellate decision before they go for quiet
[48:02.120 --> 48:03.120]  title?
[48:03.120 --> 48:05.120]  Yes, they will.
[48:05.120 --> 48:14.720]  Okay, because if the second lender went for quiet title and got it, then this case would
[48:14.720 --> 48:15.720]  become moot.
[48:15.720 --> 48:16.720]  Yeah.
[48:16.720 --> 48:24.000]  No, I want to see what the decision is, especially with the decisions because there's one decision
[48:24.000 --> 48:28.720]  but it's under two statutes, federal and state.
[48:28.720 --> 48:36.680]  So in the appeals court, how would it affect law if the court of appeals rules against
[48:36.680 --> 48:42.840]  you?
[48:42.840 --> 48:44.840]  I'm not sure.
[48:44.840 --> 48:47.840]  It's always an important consideration.
[48:47.840 --> 48:54.440]  You always want to put the court of appeals in a position such that if they rule in favor
[48:54.440 --> 49:03.160]  of the judge's ruling, then they create law that other lawyers can then come and use and
[49:03.160 --> 49:06.480]  dismantle the legal system with.
[49:06.480 --> 49:16.480]  So I always want, when I'm looking at claims to make, I want to look at claims that if
[49:16.480 --> 49:20.560]  they rule against me, they negatively affect the corpus juris.
[49:20.560 --> 49:21.560]  Right.
[49:21.560 --> 49:27.600]  Yeah, I know they want to screw me, but if they get me screwed, then they got all these
[49:27.600 --> 49:31.320]  shots to lawyers who are going to run in here and grab this decision and use it to screw
[49:31.320 --> 49:32.320]  everybody else with.
[49:32.320 --> 49:33.320]  Does that make sense?
[49:33.320 --> 49:40.200]  I haven't had a chance to look up this and that is the one that court held that violation
[49:40.200 --> 49:44.240]  of TILA is not a counter claim and a mortgage foreclosure action.
[49:44.240 --> 49:46.240]  I don't understand that one.
[49:46.240 --> 49:49.680]  Yeah, that would be breach of contract.
[49:49.680 --> 49:50.680]  Yeah.
[49:50.680 --> 49:51.680]  Oh, okay.
[49:51.680 --> 49:55.120]  I think I understand that.
[49:55.120 --> 50:04.920]  TILA directly has its own remedy and that remedy is not in a counterclaim.
[50:04.920 --> 50:11.680]  That's a direct remedy that you would file with the federal court.
[50:11.680 --> 50:23.120]  So you claim the TILA violation as a breach of the applicable law covenant, severability
[50:23.120 --> 50:28.560]  and applicable law covenant, where both parties agree to abide by all law and they breach
[50:28.560 --> 50:30.840]  TILA.
[50:30.840 --> 50:36.040]  You're not asking for the remedy contained in TILA.
[50:36.040 --> 50:41.160]  You're merely referencing TILA as a law that was violated.
[50:41.160 --> 50:43.160]  Now you have breach of contract claim.
[50:43.160 --> 50:50.800]  I did that in my, what do you call it, my response to the complaint.
[50:50.800 --> 50:57.320]  And what they did is the reason we're appealing is because he threw out every counterclaim
[50:57.320 --> 51:01.520]  and response that we had to the complaint, like we have no defense.
[51:01.520 --> 51:04.640]  That's why we're appealing.
[51:04.640 --> 51:10.120]  Yeah, okay, well, that's what I'm looking for.
[51:10.120 --> 51:20.320]  So you have a, you've made a breach of contract claim on the violation of law and how did
[51:20.320 --> 51:23.200]  the court throw that out?
[51:23.200 --> 51:28.920]  What was the, did they have a reasoning, did they have findings of fact and conclusions?
[51:28.920 --> 51:36.320]  Well, this is what I just got today was the, TILA just put in that you didn't put in any
[51:36.320 --> 51:38.360]  findings of facts and conclusions.
[51:38.360 --> 51:48.200]  We just sent in for an opinion under 1925, which is required when you file for an appeal.
[51:48.200 --> 51:51.520]  You have to have a 1925 opinion and-
[51:51.520 --> 51:52.520]  Okay, hold on.
[51:52.520 --> 51:56.000]  What is a 1925 opinion?
[51:56.000 --> 52:01.720]  It means that you send a judge what you think, why he, what he did wrong.
[52:01.720 --> 52:08.320]  Okay, so this is like you send the judge findings of fact and conclusions at law and after
[52:08.320 --> 52:12.040]  that you ask him to accept yours or make up his own.
[52:12.040 --> 52:13.040]  That's what we would do.
[52:13.040 --> 52:15.440]  Like here in Texas, that's what we would do.
[52:15.440 --> 52:16.840]  So this is kind of similar.
[52:16.840 --> 52:22.600]  You're asking the judge for his, for the facts and the law that he applied to the facts to
[52:22.600 --> 52:23.600]  come to the decision.
[52:23.600 --> 52:24.600]  Is that correct?
[52:24.600 --> 52:25.600]  Yeah.
[52:25.600 --> 52:26.600]  Okay.
[52:26.600 --> 52:30.960]  So otherwise you'd have no idea of what to appeal on.
[52:30.960 --> 52:31.960]  Exactly.
[52:31.960 --> 52:32.960]  Okay.
[52:32.960 --> 52:38.160]  So he mentioned, he didn't mention anything about Fannie Mae, he didn't mention anything
[52:38.160 --> 52:43.960]  about the original lender, who said they didn't have anything to do with the assignment of
[52:43.960 --> 52:46.960]  mortgage in the first place.
[52:46.960 --> 52:56.920]  He didn't, he didn't say anything at all about the estate, this rescission.
[52:56.920 --> 53:02.240]  And he's saying that the TILLA rescission is, it says you can't have a violation if
[53:02.240 --> 53:05.600]  TILLA is not a counterclaiming and foreclosure action.
[53:05.600 --> 53:12.760]  Okay, that might, that might stand up because TILLA is a separate claim.
[53:12.760 --> 53:19.360]  Yeah, but a rescission, it's not a claim of a violation of TILLA, it's a TILLA rescission.
[53:19.360 --> 53:22.160]  Oh, okay.
[53:22.160 --> 53:30.840]  Then absolutely rescission in this case, you're not claiming a remedy under TILLA, you're
[53:30.840 --> 53:38.720]  claiming that based on the TILLA statute, the deed of trust is void as a matter of law.
[53:38.720 --> 53:40.160]  Right.
[53:40.160 --> 53:46.080]  That he's going to have a hard time getting around because the Supreme just ruled unanimously
[53:46.080 --> 53:48.120]  on Jasinowski.
[53:48.120 --> 53:49.120]  Exactly.
[53:49.120 --> 53:50.120]  Yeah.
[53:50.120 --> 53:56.880]  And so that one is not going to, very unlikely that'll make it past the court of appeals.
[53:56.880 --> 54:01.800]  My attorney is going to have him wrapped around his little finger and he's getting his butt
[54:01.800 --> 54:04.800]  kicked out the door.
[54:04.800 --> 54:08.440]  That should get, you should be hammering that judge.
[54:08.440 --> 54:10.440]  Oh, we will.
[54:10.440 --> 54:15.560]  With, I mean, judicial conduct, is this a federal court?
[54:15.560 --> 54:16.560]  No.
[54:16.560 --> 54:17.560]  Okay.
[54:17.560 --> 54:23.640]  Because in the federal court, a judicial conduct complaint is like a lawsuit against the judge
[54:23.640 --> 54:26.240]  and it's a pretty big deal.
[54:26.240 --> 54:32.480]  Do you have a good commission on judicial conduct in Pennsylvania?
[54:32.480 --> 54:33.840]  Yes.
[54:33.840 --> 54:38.080]  Oh, that's unfortunate.
[54:38.080 --> 54:42.080]  So you might look at filing criminal charges against the judge.
[54:42.080 --> 54:46.440]  Well, accessory to a forgery?
[54:46.440 --> 54:48.760]  Yeah.
[54:48.760 --> 54:53.000]  If you look in the US code, this is instructive.
[54:53.000 --> 54:54.000]  Yeah.
[54:54.000 --> 54:57.640]  18 U.S. code four.
[54:57.640 --> 55:04.800]  I mean, it's not 18 U.S. code 7692 or something way down there in the back.
[55:04.800 --> 55:08.560]  It's four subordination of perjury.
[55:08.560 --> 55:09.560]  Yeah.
[55:09.560 --> 55:15.120]  They put it right up there in the front and three has been repealed.
[55:15.120 --> 55:19.360]  So it's the third statute goes to subordination of perjury.
[55:19.360 --> 55:20.360]  Right.
[55:20.360 --> 55:31.120]  And if he accepted and ruled on a forged document that's a forgery as a matter of law and it's
[55:31.120 --> 55:35.000]  obvious on its face, that's subordination of perjury.
[55:35.000 --> 55:36.000]  Yeah.
[55:36.000 --> 55:43.800]  If the judge is in trouble, and they may be looking for a way to get rid of it.
[55:43.800 --> 55:44.800]  Yeah.
[55:44.800 --> 55:47.920]  I was thinking about a judicial conduct complaint.
[55:47.920 --> 55:48.920]  Okay.
[55:48.920 --> 55:54.640]  And you've heard the story of me filing charges against all the highest judges in Texas and
[55:54.640 --> 55:56.920]  getting it before grand jury.
[55:56.920 --> 55:57.920]  Yeah.
[55:57.920 --> 56:01.320]  Well, that had nothing to do with law.
[56:01.320 --> 56:05.080]  It had nothing to do with me.
[56:05.080 --> 56:10.560]  It had everything to do with a democratic prosecuting attorney who wasn't running for
[56:10.560 --> 56:17.480]  office again and 15 Republican judges.
[56:17.480 --> 56:21.960]  I simply gave the prosecutor cannon fodder.
[56:21.960 --> 56:28.760]  If they're after this judge, they may look forward to some cannon fodder to help them
[56:28.760 --> 56:30.240]  seal their deal.
[56:30.240 --> 56:31.240]  Yeah.
[56:31.240 --> 56:36.720]  Well, I'll talk to my attorney about that, see if anybody gets it.
[56:36.720 --> 56:42.600]  But yeah, this is where we're looking at.
[56:42.600 --> 56:45.920]  Your attorney is going to be real uncomfortable about that.
[56:45.920 --> 56:49.560]  So what you need to do is give him plausible deniability.
[56:49.560 --> 56:50.560]  Exactly.
[56:50.560 --> 56:56.600]  I didn't know anything about that.
[56:56.600 --> 56:57.600]  What are you talking about?
[56:57.600 --> 56:58.600]  She filed criminal charges.
[56:58.600 --> 57:00.800]  She didn't talk to me about it.
[57:00.800 --> 57:06.960]  I'd have told her, oh, don't you dare do that.
[57:06.960 --> 57:17.120]  Yeah, so I'm looking to kick this judge in the boot, in the butt.
[57:17.120 --> 57:23.120]  Look, sooner is better than later because if he's already in trouble, now is a good
[57:23.120 --> 57:24.120]  time.
[57:24.120 --> 57:27.480]  Don't give him time to get out of the trouble that he's in.
[57:27.480 --> 57:31.880]  See if you can add some more weight, a little more heat to his fire.
[57:31.880 --> 57:40.720]  I've gotten to where I'm not the least bit bashful.
[57:40.720 --> 57:49.520]  I'm waiting for a federal judge here in Fort Worth to dismiss a pleading that I filed because
[57:49.520 --> 57:50.520]  it was a day late.
[57:50.520 --> 57:55.160]  Well, that's another thing he says here that it was a day late.
[57:55.160 --> 58:00.120]  Yeah, but I've got to challenge subject matter jurisdiction in his court.
[58:00.120 --> 58:04.760]  And if he dismisses that pleading before hearing my subject matter jurisdiction challenge,
[58:04.760 --> 58:11.320]  I'm going straight to a grand jury, a state grand jury, not a federal grand jury.
[58:11.320 --> 58:15.040]  See what they think of his shenanigans.
[58:15.040 --> 58:16.960]  Hang on, about to go to break.
[58:16.960 --> 58:21.080]  Mark, I see you there and I'm sorry to keep you so long.
[58:21.080 --> 58:22.580]  We'll get to you shortly.
[58:22.580 --> 58:25.600]  This is Randy Kelton, Wheel of Law Radio.
[58:25.600 --> 58:30.040]  I call it number 512-646-1984.
[58:30.040 --> 58:37.040]  So give us a call and a good time to go to our sponsor page, go to Logos Radio Network,
[58:37.040 --> 58:38.160]  check out our sponsors.
[58:38.160 --> 58:42.800]  We still have our, this is the last day of our fundraiser.
[58:42.800 --> 58:50.280]  So if we need all the help we can get, we'll be right back.
[58:50.280 --> 58:54.440]  Would you like to make more definite progress in your walk with God?
[58:54.440 --> 58:59.600]  Bibles for America is offering a free study Bible and a set of free Christian books that
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[59:05.360 --> 59:06.360]  today.
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[59:13.400 --> 59:18.640]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.640 --> 59:22.920]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.920 --> 59:27.840]  of salvation, growing in Christ and how to build up the Church.
[59:27.840 --> 59:32.840]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.840 --> 59:45.640]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102 or visit
[59:45.640 --> 59:48.560]  us online at bfa.org.
[59:48.560 --> 59:55.760]  You're listening to the Logos Radio Network.
[59:55.760 --> 01:00:05.800]  The following news flash is brought to you by the Lone Star Lowdown, providing your daily
[01:00:05.800 --> 01:00:13.400]  bulletins for the commodities market, today in history, news updates and the inside scoop
[01:00:13.400 --> 01:00:21.240]  into the tides of the alternative.
[01:00:21.240 --> 01:00:27.160]  Banks for Wednesday, March 30th, 2016 are currently treading with gold at $1,227.66
[01:00:27.160 --> 01:00:34.000]  an ounce, silver $15.20 an ounce, Texas crude $38.28 a barrel, and Bitcoin is currently
[01:00:34.000 --> 01:00:43.120]  sitting at about $412 U.S. currency.
[01:00:43.120 --> 01:00:48.800]  Today in history, the year 1870, Texas becomes the last Confederate state remitted to the
[01:00:48.800 --> 01:00:54.280]  Union, though the new state constitution wasn't approved until 1876, Texas formerly part of
[01:00:54.280 --> 01:01:02.000]  the Confederacy was admitted into the Union, today in history.
[01:01:02.000 --> 01:01:05.240]  In recent news, the Federal Trade Commission announced today its efforts to crack down
[01:01:05.240 --> 01:01:06.760]  on fake cancer charities.
[01:01:06.760 --> 01:01:11.160]  The Cancer Fund of America, Cancer Support Services, and their leader, James Reynolds,
[01:01:11.160 --> 01:01:15.760]  including Reynolds Sr., will have to surrender an undisclosed amount of their personal assets
[01:01:15.760 --> 01:01:20.440]  as part of a settlement with the FTC and states, these purported nonprofits agreed to be permanently
[01:01:20.440 --> 01:01:22.880]  dissolved and their assets liquidated.
[01:01:22.880 --> 01:01:27.040]  Reynolds is also prohibited for life from managing charitable assets or being part of
[01:01:27.040 --> 01:01:30.000]  a charity's board or a trustee.
[01:01:30.000 --> 01:01:35.240]  Apparently according to the FTC, of more than the $75 million the charities raised, a vast
[01:01:35.240 --> 01:01:39.240]  majority of these funds were going to the charity's organizers and their friends, with
[01:01:39.240 --> 01:01:43.960]  a measly percentage less than five, going to actual patients and research.
[01:01:43.960 --> 01:01:48.920]  To make matters worse, an estimated 85% of the millions were spent on fundraising for
[01:01:48.920 --> 01:01:50.240]  the scheme itself.
[01:01:50.240 --> 01:01:54.560]  The charity's remaining assets will first go to pay the state's litigation fees, afterward
[01:01:54.560 --> 01:01:59.800]  to actual legitimate charities the state selects, though an FTC spokesman did state in an email
[01:01:59.800 --> 01:02:08.400]  that if there's any money left, it would probably be a very small amount.
[01:02:08.400 --> 01:02:12.520]  After more than six years in development, IBM's TrueNorth brain-inspired processor
[01:02:12.520 --> 01:02:16.360]  will be put to the test at the Lawrence Livermore National Lab.
[01:02:16.360 --> 01:02:21.320]  They purchased IBM's Neuromorphic System, a brain-inspired program based on the TrueNorth
[01:02:21.320 --> 01:02:22.320]  chip.
[01:02:22.320 --> 01:02:25.560]  The California Research Lab is set to use it to help the National Nuclear Security
[01:02:25.560 --> 01:02:28.760]  Administration battle cyber security issues.
[01:02:28.760 --> 01:02:34.240]  Consuming just 2.5 watts of power, the same as a tablet computer, the neuromorphic system
[01:02:34.240 --> 01:02:40.200]  can process the equivalent of 16 million neurons and 4 billion synapses, containing only 16
[01:02:40.200 --> 01:02:41.880]  of these TrueNorth chips.
[01:02:41.880 --> 01:02:47.120]  IBM Chief Scientist Dharmendra Modha stated that the delivery of this advanced computing
[01:02:47.120 --> 01:02:52.760]  platform represents a major milestone as we enter the next era of cognitive computing.
[01:02:52.760 --> 01:03:05.760]  This is Rick Rode with your Lowdown for March 30, 2016.
[01:03:05.760 --> 01:03:21.480]  Okay.
[01:03:21.480 --> 01:03:22.480]  We are back.
[01:03:22.480 --> 01:03:26.320]  Randy Kelton, Rue La Radio, and we're talking to Leslie Bitsavenia.
[01:03:26.320 --> 01:03:27.320]  Okay.
[01:03:27.320 --> 01:03:29.760]  Where are we, Leslie?
[01:03:29.760 --> 01:03:38.760]  Okay, well, we had gone over this appeal business and the alternatives to all of this other
[01:03:38.760 --> 01:03:41.000]  stuff, so I think we're about done.
[01:03:41.000 --> 01:03:42.000]  Wonderful.
[01:03:42.000 --> 01:03:44.120]  It looks like you're in good shape.
[01:03:44.120 --> 01:03:49.000]  I know we were hammering the judge when we left out, but you really ought to consider
[01:03:49.000 --> 01:03:52.320]  filing a complaint against the judge.
[01:03:52.320 --> 01:03:54.960]  Yes, I will.
[01:03:54.960 --> 01:04:01.600]  I keep telling people that the courts hate pro se litigants, but they don't hate pro
[01:04:01.600 --> 01:04:03.840]  se litigants because they write stupid pleadings.
[01:04:03.840 --> 01:04:07.960]  They like that part because then they can screw them around easy.
[01:04:07.960 --> 01:04:11.840]  They hate pro se litigants because every once in a while they come across the pro se from
[01:04:11.840 --> 01:04:17.600]  hell, the one who knows how to take them to task for their shenanigans.
[01:04:17.600 --> 01:04:22.000]  Yes, and that's what I intend to do.
[01:04:22.000 --> 01:04:23.000]  Good.
[01:04:23.000 --> 01:04:27.920]  Even if somebody goes to write my complaint.
[01:04:27.920 --> 01:04:30.080]  I could help you with that.
[01:04:30.080 --> 01:04:32.120]  I would enjoy it immensely.
[01:04:32.120 --> 01:04:40.400]  Meanwhile, I'm going to have to look up these different cases that the judge mentions in
[01:04:40.400 --> 01:04:46.120]  his alternate life.
[01:04:46.120 --> 01:04:49.800]  I kind of have a way of thinking about it.
[01:04:49.800 --> 01:04:55.880]  I've been through Pennsylvania law before and I have a strategy for really stirring
[01:04:55.880 --> 01:05:00.200]  them up in Pennsylvania because in Pennsylvania on a criminal complaint, like if you file
[01:05:00.200 --> 01:05:08.480]  criminally against the judge for official misconduct, you've got standing.
[01:05:08.480 --> 01:05:13.360]  You can appeal this thing all the way to the Supreme.
[01:05:13.360 --> 01:05:19.920]  The prosecuting attorney in Pennsylvania, unlike any other state has statutory prosecutorial
[01:05:19.920 --> 01:05:21.720]  discretion.
[01:05:21.720 --> 01:05:30.000]  He has first blush, but if he doesn't act on it, if he decides not to pursue prosecution,
[01:05:30.000 --> 01:05:37.600]  then unlike every other state where we have no standing, all we do is give notice.
[01:05:37.600 --> 01:05:39.720]  In Pennsylvania, you have standing.
[01:05:39.720 --> 01:05:41.760]  You can take it to the court of common please.
[01:05:41.760 --> 01:05:47.360]  If the court of common please decides not to act on it, you can appeal that decision
[01:05:47.360 --> 01:05:50.560]  all the way up to the Supreme.
[01:05:50.560 --> 01:05:58.520]  You can grind that judge's nose in the dirt all the way to the Supreme.
[01:05:58.520 --> 01:05:59.600]  Great fun.
[01:05:59.600 --> 01:06:07.480]  Then when the prosecutor refuses to prosecute, then you file with the attorney general who
[01:06:07.480 --> 01:06:14.760]  has original jurisdiction and ask him to prosecute the prosecutor.
[01:06:14.760 --> 01:06:20.360]  When he refuses, you file that with the court of common please and you take them both up.
[01:06:20.360 --> 01:06:27.920]  So now you've got the attorney general being stung for protecting this judge that got everybody
[01:06:27.920 --> 01:06:28.920]  in trouble.
[01:06:28.920 --> 01:06:32.400]  Oh, and you just create havoc.
[01:06:32.400 --> 01:06:42.880]  Yeah, okay, well, the thing is in Pennsylvania, the Supreme Court has original jurisdiction
[01:06:42.880 --> 01:06:45.800]  of any claim against the judge.
[01:06:45.800 --> 01:06:49.000]  They're in charge of policing the judges.
[01:06:49.000 --> 01:06:53.360]  Oh, no, we're talking something different.
[01:06:53.360 --> 01:06:57.720]  We're not talking, you're going to, you file a judicial conduct complaint against the judge
[01:06:57.720 --> 01:07:00.260]  and that would go to the Supreme.
[01:07:00.260 --> 01:07:04.080]  But he's a born perjury.
[01:07:04.080 --> 01:07:07.400]  That's criminal.
[01:07:07.400 --> 01:07:08.900]  That's not professional.
[01:07:08.900 --> 01:07:12.560]  That's his whole separate deal.
[01:07:12.560 --> 01:07:14.520]  Let him try to dance around that one.
[01:07:14.520 --> 01:07:19.960]  Let him try to shield the judge from criminal responsibility.
[01:07:19.960 --> 01:07:25.340]  Now he has immunity from civil litigation, he doesn't have any immunity from criminal
[01:07:25.340 --> 01:07:32.720]  prosecution except that immunity granted by other corrupt public officials.
[01:07:32.720 --> 01:07:38.960]  And if you set up the other public officials to protect the judge, then you get to sting
[01:07:38.960 --> 01:07:46.320]  them and just smear dirt everywhere and everybody gets in trouble for trying to protect this
[01:07:46.320 --> 01:07:47.320]  judge.
[01:07:47.320 --> 01:07:49.120]  Everybody's going to be upset at him.
[01:07:49.120 --> 01:07:55.960]  And the worse the position the judge has, the dumber stuff he's done, the worse it's
[01:07:55.960 --> 01:08:01.840]  going to be for him because it makes all these other officials look more dirty and corrupt
[01:08:01.840 --> 01:08:04.400]  for trying to protect the corrupt judge.
[01:08:04.400 --> 01:08:10.160]  Oh, it's great fun.
[01:08:10.160 --> 01:08:12.800]  You could become addicted to that, Leslie.
[01:08:12.800 --> 01:08:15.520]  Oh, I know.
[01:08:15.520 --> 01:08:18.320]  Okay, thank you very much.
[01:08:18.320 --> 01:08:23.000]  Now we're going to go to Mark in Texas who has been very patient.
[01:08:23.000 --> 01:08:28.120]  Hello, Mr. Mark.
[01:08:28.120 --> 01:08:32.200]  I think we put him to sleep.
[01:08:32.200 --> 01:08:38.200]  I have this effect on people, I have this remarkable voice that I have this capability
[01:08:38.200 --> 01:08:39.200]  of putting people to sleep.
[01:08:39.200 --> 01:08:40.200]  Oh, did you wake up?
[01:08:40.200 --> 01:08:41.200]  Hello, Mark.
[01:08:41.200 --> 01:08:50.000]  I do a show on Monday night with Pastor Masset and he is busy as I am.
[01:08:50.000 --> 01:08:56.320]  He is always really busy and every once in a while I have to call him on the cell phone
[01:08:56.320 --> 01:09:03.400]  to wake him up and I have great fun at his expense.
[01:09:03.400 --> 01:09:13.000]  I call him Master Pastor because he has control issues and for a preacher he takes my abuse
[01:09:13.000 --> 01:09:14.000]  really well.
[01:09:14.000 --> 01:09:15.000]  Okay.
[01:09:15.000 --> 01:09:22.840]  Well, first thing I want to say, thank you to Chris and Leslie.
[01:09:22.840 --> 01:09:27.000]  Their discussion and I always find this to be the case when I'm listening to your show.
[01:09:27.000 --> 01:09:32.680]  I'm listening to other people who have something similar to what's going on in my situation
[01:09:32.680 --> 01:09:37.160]  and he was actually talking about the fact that he had heard discussions that I had with
[01:09:37.160 --> 01:09:38.160]  you.
[01:09:38.160 --> 01:09:42.840]  So it's a real honor to me to just think that spending a little time here is helping other
[01:09:42.840 --> 01:09:48.840]  people and I hope it's helping you have some fun.
[01:09:48.840 --> 01:09:58.880]  More or less to get right into it, as far as I know, everything that was just said is
[01:09:58.880 --> 01:10:00.800]  absolutely relevant.
[01:10:00.800 --> 01:10:06.480]  I have something where it's been suggested before by a very wise man who does a Friday
[01:10:06.480 --> 01:10:11.600]  night show that I needed to probably do a quiet title action.
[01:10:11.600 --> 01:10:20.760]  I have an assignment that was filed in 2013 prepared by a servicer, signed by an employee
[01:10:20.760 --> 01:10:22.640]  of the servicer.
[01:10:22.640 --> 01:10:27.760]  There's nothing there that suggests that this guy is a VP of MERS or anything and the assignor
[01:10:27.760 --> 01:10:35.960]  is MERS's nominee for dead guy, it's successors and assigns, the dead guy is Fremont.
[01:10:35.960 --> 01:10:41.160]  In the state where this is filed, MERS can't assign, that's ruled by the Supreme Court.
[01:10:41.160 --> 01:10:46.240]  The dead guy can't do it and certainly that argument is clear.
[01:10:46.240 --> 01:10:53.560]  And then the assignee, the pretender as trustee for Big Bank Asset Back Certificates 2006.
[01:10:53.560 --> 01:10:58.840]  So that stuff is clear in many ways.
[01:10:58.840 --> 01:11:04.800]  What I wanted to ask you, you guys were talking a little bit about it, as far as the quiet
[01:11:04.800 --> 01:11:07.440]  title goes, who to name?
[01:11:07.440 --> 01:11:12.040]  And Chris had mentioned you have to name all interested parties and I've seen that before
[01:11:12.040 --> 01:11:13.040]  too.
[01:11:13.040 --> 01:11:16.840]  And that gives me pause.
[01:11:16.840 --> 01:11:21.200]  What constitutes an interested party?
[01:11:21.200 --> 01:11:23.680]  Now Mark, I'm interested in your case.
[01:11:23.680 --> 01:11:24.680]  Yeah.
[01:11:24.680 --> 01:11:27.160]  Are you going to name me?
[01:11:27.160 --> 01:11:34.080]  Well, in this case, I think, I don't think I could get outside of this and that because
[01:11:34.080 --> 01:11:38.000]  of this assignment, within a week of it being made.
[01:11:38.000 --> 01:11:43.840]  I was going to a very specific point there.
[01:11:43.840 --> 01:11:55.080]  Who do you know as an interest, as opposed to who claims they have an interest?
[01:11:55.080 --> 01:12:00.200]  Well, the original lender is out of business.
[01:12:00.200 --> 01:12:12.360]  The question, did the original lender, while the original lender was still in existence,
[01:12:12.360 --> 01:12:20.960]  create an assignment of its beneficial interest to some other party and record that assignment
[01:12:20.960 --> 01:12:23.960]  in the public record?
[01:12:23.960 --> 01:12:29.000]  They never recorded it, but they sent me a letter that named another party.
[01:12:29.000 --> 01:12:32.000]  That party's not even been discussed in this case.
[01:12:32.000 --> 01:12:35.000]  Okay, wait a minute.
[01:12:35.000 --> 01:12:36.000]  Wait a minute.
[01:12:36.000 --> 01:12:37.000]  Wait a minute.
[01:12:37.000 --> 01:12:38.000]  Who sent you a letter?
[01:12:38.000 --> 01:12:39.000]  Okay, loaded question.
[01:12:39.000 --> 01:12:40.000]  Loaded question.
[01:12:40.000 --> 01:12:43.000]  That guy, Fremont.
[01:12:43.000 --> 01:12:44.000]  Yeah.
[01:12:44.000 --> 01:12:53.000]  Did Fremont send you the letter or did some human being send you a letter on Fremont stationary?
[01:12:53.000 --> 01:12:54.000]  Okay.
[01:12:54.000 --> 01:12:59.200]  Yes, some legitimate person sent me a letter.
[01:12:59.200 --> 01:13:05.600]  Do you have evidence of power of attorney for that person?
[01:13:05.600 --> 01:13:09.920]  No, I have no evidence.
[01:13:09.920 --> 01:13:20.320]  I'm being a bit pedantic here, but it's important that we be careful about our presumptions.
[01:13:20.320 --> 01:13:26.840]  What do we know as opposed to what do we presume?
[01:13:26.840 --> 01:13:31.040]  Because you do not want to stipulate to anything.
[01:13:31.040 --> 01:13:32.040]  Sorry.
[01:13:32.040 --> 01:13:43.920]  Who do you know actually has a claim against the property?
[01:13:43.920 --> 01:13:52.560]  In this case, in terms of who has a claim against the property, it would be the assignee.
[01:13:52.560 --> 01:13:56.840]  Who did the assignment to the assignee?
[01:13:56.840 --> 01:14:01.040]  The assignment was done by completely invalid party.
[01:14:01.040 --> 01:14:03.920]  It was done by the servicer.
[01:14:03.920 --> 01:14:10.520]  Then as far as you're concerned, that's an invalid assignment.
[01:14:10.520 --> 01:14:12.880]  I'm totally sure.
[01:14:12.880 --> 01:14:19.240]  So the last thing I would do is stipulate to the validity of the assignment by noticing
[01:14:19.240 --> 01:14:23.520]  the party named in the assignment.
[01:14:23.520 --> 01:14:25.560]  Meaning the assignee?
[01:14:25.560 --> 01:14:26.880]  Yeah.
[01:14:26.880 --> 01:14:31.760]  I would say that's trash and that's garbage.
[01:14:31.760 --> 01:14:40.440]  If you want me to, I'll come and put an assignment in the record and assign the mortgage to your
[01:14:40.440 --> 01:14:41.440]  third cousin.
[01:14:41.440 --> 01:14:42.440]  Okay.
[01:14:42.440 --> 01:14:49.320]  So does that make me an interested party?
[01:14:49.320 --> 01:14:51.440]  No.
[01:14:51.440 --> 01:14:55.880]  Would you have to notice me if I did that?
[01:14:55.880 --> 01:15:00.760]  I shouldn't notice you if you've done that.
[01:15:00.760 --> 01:15:03.240]  How are these guys different?
[01:15:03.240 --> 01:15:07.160]  There's no legitimate interested party at all.
[01:15:07.160 --> 01:15:14.000]  As you guys were discussing Ivanova, and I had read this brief that someone sent to me,
[01:15:14.000 --> 01:15:18.760]  which is pretty interesting, and I had it burning in my mind, and I'm glad you guys
[01:15:18.760 --> 01:15:19.760]  mentioned it.
[01:15:19.760 --> 01:15:25.640]  I think what you're really trying to say is so long as I have language which says this
[01:15:25.640 --> 01:15:34.400]  assignment is void on its face and not merely voidable, and thus there are no interested
[01:15:34.400 --> 01:15:42.320]  parties in this case, there can be no argument that this assignment is legitimate under any
[01:15:42.320 --> 01:15:43.320]  circumstances.
[01:15:43.320 --> 01:15:44.320]  Okay.
[01:15:44.320 --> 01:15:52.680]  And the reason you do that is you say, I'll file a quiet title and this is the only interested
[01:15:52.680 --> 01:15:59.400]  party, and then somebody else is going to come over and say, I'm here to intervene
[01:15:59.400 --> 01:16:06.120]  because I am an interested party, and you say, oh, yeah, well, let's have ourselves
[01:16:06.120 --> 01:16:09.760]  a prove-up hearing.
[01:16:09.760 --> 01:16:14.440]  Come to this evidentiary hearing and prove up your standing.
[01:16:14.440 --> 01:16:20.480]  Now you have them in exactly the position you want them in.
[01:16:20.480 --> 01:16:27.120]  Now they're trying to exert a claim, and in order to intervene in the case, they have
[01:16:27.120 --> 01:16:34.040]  to prove up their claim, and that's the one thing they want to avoid above all else, is
[01:16:34.040 --> 01:16:35.640]  proving up that claim.
[01:16:35.640 --> 01:16:36.640]  Hang on.
[01:16:36.640 --> 01:16:44.080]  Randy Kelton, Root of Blow Radio, I'll call it number 512-646-1984, Rob, I see you there,
[01:16:44.080 --> 01:16:51.280]  but I've been ignoring you all day, but then you're used to that.
[01:16:51.280 --> 01:17:00.240]  We'll get to you, Rob, and we'll be right back.
[01:17:00.240 --> 01:17:04.920]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:17:04.920 --> 01:17:09.080]  Stop debt collectors now with the Michael Mears proven method.
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[01:17:49.520 --> 01:17:58.560]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
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[01:19:30.000 --> 01:19:39.800]  Okay, we are back, Randy Cattelton, the ruler of our radio, and we're talking to Mark in
[01:19:39.800 --> 01:19:40.800]  Texas.
[01:19:40.800 --> 01:19:47.520]  Okay, Mark, you only name one party, and if somebody else wants to be a part of this,
[01:19:47.520 --> 01:19:49.720]  let them prove up their position.
[01:19:49.720 --> 01:19:52.000]  Okay, now where are we?
[01:19:52.000 --> 01:19:59.000]  So, well, on that, I'm just curious as to whom that party would be then.
[01:19:59.000 --> 01:20:04.080]  Are we, would it be something where, I can't name the dead guy, or maybe I could.
[01:20:04.080 --> 01:20:06.280]  That's the only one you can name.
[01:20:06.280 --> 01:20:11.680]  They're the only one that had any kind of beneficial interest to transfer in the first
[01:20:11.680 --> 01:20:12.680]  place.
[01:20:12.680 --> 01:20:20.400]  Exactly, and you're going to claim, you know, you send a notice to their last known address
[01:20:20.400 --> 01:20:28.520]  and it'll come back, and then you can petition the court to serve by publication.
[01:20:28.520 --> 01:20:35.800]  And then you publish it in a newspaper, and once you publish it in a newspaper, anybody
[01:20:35.800 --> 01:20:45.640]  who claims, who can make a claim of standing if they have an interest in the properties,
[01:20:45.640 --> 01:20:49.920]  publish it in the newspaper, so if they don't read it, that's their problem, not your problem.
[01:20:49.920 --> 01:20:51.720]  That is, yeah.
[01:20:51.720 --> 01:20:57.480]  Yeah, and, you know, these other documents that are in the record, you know, the court
[01:20:57.480 --> 01:21:01.160]  may say, well, what about these, and say, well, if they have a claim, let them prove
[01:21:01.160 --> 01:21:09.840]  it, but I don't see a claim here, and even if the court requires that you name them,
[01:21:09.840 --> 01:21:15.280]  then you name them as uninterested parties and demand a proof of hearing.
[01:21:15.280 --> 01:21:18.840]  Got it, okay, that's definitely what I'll do.
[01:21:18.840 --> 01:21:25.080]  I don't think there's any way that they can be a MERS member, I heard in some early discussion
[01:21:25.080 --> 01:21:27.400]  that it might be good to check that.
[01:21:27.400 --> 01:21:33.280]  There need to be other efforts that I make to simply prove they're no longer in business.
[01:21:33.280 --> 01:21:36.320]  So I got another question real quick here.
[01:21:36.320 --> 01:21:42.200]  This servicer sent me gunning letters, the servicer bought a debt that was already past
[01:21:42.200 --> 01:21:46.960]  the statute of limitations and then created this bogus assignment so that another party
[01:21:46.960 --> 01:21:54.280]  could file a suit, and I'm pretty sure of that, and as far as that goes, would it be,
[01:21:54.280 --> 01:22:00.560]  I've never sent any kind of qualified written request or a debt validation letter or any
[01:22:00.560 --> 01:22:03.720]  other kind of letter to these people.
[01:22:03.720 --> 01:22:10.000]  Right now, the case has already evolved to the point where the foreclosure was filed,
[01:22:10.000 --> 01:22:18.480]  I won in 2014, it was reopened through aggravated perjury and the judge being a accessory to
[01:22:18.480 --> 01:22:23.840]  that, I like what you were just saying, and I got that already, violating my rights.
[01:22:23.840 --> 01:22:28.120]  But then I ended up losing, and so here we are, it seems at this point, it's already
[01:22:28.120 --> 01:22:29.120]  been decided.
[01:22:29.120 --> 01:22:34.320]  As I talk to attorneys, they seem totally afraid of the idea of res judicata collateral
[01:22:34.320 --> 01:22:41.760]  stoppable relative to filing a FDCPA action against the servicer, but I don't think these
[01:22:41.760 --> 01:22:46.320]  guys know what they're doing and I'm better off without them, and we were talking about
[01:22:46.320 --> 01:22:47.320]  that last week.
[01:22:47.320 --> 01:22:55.080]  Anyway, question, should I send the servicer at this point a qualified written request
[01:22:55.080 --> 01:22:57.680]  or a debt validation letter?
[01:22:57.680 --> 01:23:03.040]  Do you think that would be smart and could help me in some way bushwhack them and then
[01:23:03.040 --> 01:23:08.240]  show fraud upon the court in the future, which is what we're going to get at, hopefully?
[01:23:08.240 --> 01:23:09.600]  Does that make sense?
[01:23:09.600 --> 01:23:13.640]  It may be too late if they're already in foreclosure.
[01:23:13.640 --> 01:23:15.920]  It's already done.
[01:23:15.920 --> 01:23:23.360]  Yeah, generally you need a dunning letter and you need to file a qualified written request
[01:23:23.360 --> 01:23:25.960]  within 30 days.
[01:23:25.960 --> 01:23:39.800]  What you may do is, I have a set of letters where you make up a $1,000 check as an offer
[01:23:39.800 --> 01:23:48.640]  to tender and the $1,000 check is earnest money and you send it to the lender as an
[01:23:48.640 --> 01:24:04.000]  offer to cure on condition of them proving up their agency standing and capacity.
[01:24:04.000 --> 01:24:17.960]  They've been doing this under a UCC, an offer to pay rejected is payment made, so there's
[01:24:17.960 --> 01:24:24.280]  no way they're going to touch that $1,000 check because if they file it without proving
[01:24:24.280 --> 01:24:32.560]  up standing, then that's fraud, but you've made an offer to pay and if they fail to prove
[01:24:32.560 --> 01:24:38.080]  up standing, then you can go back and make a claim under UCC.
[01:24:38.080 --> 01:24:52.200]  Don't we have one at this point under RESPA or FDCPA, I mean TEALER RESPA or FDCPA, Qualified
[01:24:52.200 --> 01:24:54.480]  Written Request or Death Validation Lender?
[01:24:54.480 --> 01:24:55.480]  Got it.
[01:24:55.480 --> 01:25:01.000]  Well, I have dunning letters that are, I'm coming up on statute of limitations, I'm about
[01:25:01.000 --> 01:25:09.840]  to have to do this myself I think, but more or less the dunning letters that they have
[01:25:09.840 --> 01:25:13.280]  all note that it's well past the statute of limitations.
[01:25:13.280 --> 01:25:20.920]  I was in litigation for a debt that was absolutely invalid, I mean it was unenforceable at that
[01:25:20.920 --> 01:25:29.440]  point, so I think I'm doing okay on that and here's a question, sub-mortgager or second
[01:25:29.440 --> 01:25:35.520]  mortgage, my mom actually held a second mortgage in this case, I would think that she might
[01:25:35.520 --> 01:25:42.240]  possibly have an interest in a quiet title action herself.
[01:25:42.240 --> 01:25:44.640]  She might exactly.
[01:25:44.640 --> 01:25:50.000]  I think she might be the best party because no one's going to be able to come to her and
[01:25:50.000 --> 01:25:57.040]  say we've already won a case against you and you lost, you know, I don't think that's going
[01:25:57.040 --> 01:26:04.120]  to happen, although I guess they could, you know, she was named as a defendant as well
[01:26:04.120 --> 01:26:13.920]  so that they could, you know, basically take first priority over her claim, that was just
[01:26:13.920 --> 01:26:16.440]  something where, you know, in order to make that happen.
[01:26:16.440 --> 01:26:21.680]  She was, okay, her claim wasn't adjudicated though, was it?
[01:26:21.680 --> 01:26:25.760]  Adjudicated, meaning the court heard it and dismissed it?
[01:26:25.760 --> 01:26:32.280]  Right, the court didn't rule that her claim, that her second lien was invalid, did it?
[01:26:32.280 --> 01:26:34.600]  No, they did not.
[01:26:34.600 --> 01:26:43.440]  She still has that claim and she might come back and since you made the claim that the
[01:26:43.440 --> 01:26:46.640]  foreclosure was out of time and.
[01:26:46.640 --> 01:26:47.640]  And won.
[01:26:47.640 --> 01:26:53.280]  Yeah, well he won and then they reopened.
[01:26:53.280 --> 01:26:55.280]  You're not done yet.
[01:26:55.280 --> 01:27:00.480]  She probably shouldn't make her do anything yet until you've had this, oh, you missed
[01:27:00.480 --> 01:27:01.960]  the appeal on it.
[01:27:01.960 --> 01:27:08.000]  Well, yeah, I missed the appeal, I didn't have the money for it and I had an attorney
[01:27:08.000 --> 01:27:13.000]  here in Austin just say if they didn't have subject matter jurisdiction, the appeals court
[01:27:13.000 --> 01:27:14.000]  doesn't have it either.
[01:27:14.000 --> 01:27:18.800]  You need a writ of mandamus and I haven't even found anybody to do what the hell that
[01:27:18.800 --> 01:27:19.800]  was.
[01:27:19.800 --> 01:27:27.640]  Okay, a writ of mandamus looks a lot like a habeas corpus, it's structured like a habeas
[01:27:27.640 --> 01:27:36.920]  corpus, I mean the same format and stuff and you're simply asking the higher court to mandate
[01:27:36.920 --> 01:27:41.720]  that a lower court do what the law requires it to do.
[01:27:41.720 --> 01:27:53.600]  And here the action was out of time so you ask the higher court to order the lower court
[01:27:53.600 --> 01:28:00.960]  to dismiss the case or you ask the higher court to rule that the court lacks subject
[01:28:00.960 --> 01:28:01.960]  matter jurisdiction.
[01:28:01.960 --> 01:28:08.520]  A writ of mandamus is you ask the higher court to mandate something to a lower court mandating
[01:28:08.520 --> 01:28:11.880]  that they do what the law requires.
[01:28:11.880 --> 01:28:12.880]  Sure.
[01:28:12.880 --> 01:28:21.600]  Well, that may be one angle, there's a lot going on here but the facts are very simple.
[01:28:21.600 --> 01:28:22.600]  I'm blown away.
[01:28:22.600 --> 01:28:30.320]  I think I have FDCPA against the servicer, I've got actual damages there, hopefully 200k
[01:28:30.320 --> 01:28:34.280]  plus judgment, maybe that works.
[01:28:34.280 --> 01:28:39.400]  I've got fraud in that this is completely fraudulent, they didn't have standing, they
[01:28:39.400 --> 01:28:44.920]  filed it past statute of limitations, I need to show there's been a fraud upon the court
[01:28:44.920 --> 01:28:49.400]  to the corrupt judge that found in their favor in the first place.
[01:28:49.400 --> 01:28:55.560]  That doesn't seem like it makes much sense and then of course there's the federal suit
[01:28:55.560 --> 01:29:03.360]  here in Texas, that will be fun when we get around to that.
[01:29:03.360 --> 01:29:06.400]  And beyond that, I suspect there may be some other options.
[01:29:06.400 --> 01:29:13.600]  You maintain that the judge lacks subject matter jurisdiction, so sue him.
[01:29:13.600 --> 01:29:14.600]  Yes.
[01:29:14.600 --> 01:29:15.600]  Right.
[01:29:15.600 --> 01:29:18.600]  That would be great fun.
[01:29:18.600 --> 01:29:23.240]  Judge lacks subject matter jurisdiction, judge reopened the case without a valid prima facie
[01:29:23.240 --> 01:29:30.400]  cause of action and that's required by the rules of civil procedure.
[01:29:30.400 --> 01:29:34.360]  There's probably a little bit more fun there, I just don't know.
[01:29:34.360 --> 01:29:39.440]  And then I can absolutely show the plaintiff's attorneys are in conflict with their own original
[01:29:39.440 --> 01:29:44.560]  complaint by saying that the first end of acceleration may have been to...
[01:29:44.560 --> 01:29:47.240]  Wait, wait, wait, hold on, hold on, we're about to go to break.
[01:29:47.240 --> 01:30:00.760]  Randy Kelton, Radio, our call in number 512-646-1984, we'll be right back.
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[01:31:31.560 --> 01:31:36.920]  This is building seven, a 47 story skyscraper that fell on the afternoon of September 11th.
[01:31:36.920 --> 01:31:39.040]  The government says that fire brought it down.
[01:31:39.040 --> 01:31:43.960]  Over 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.960 --> 01:31:46.800]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.800 --> 01:31:49.400]  Thousands of my fellow force responders have died.
[01:31:49.400 --> 01:31:50.800]  I'm not a conspiracy theorist.
[01:31:50.800 --> 01:31:51.800]  I'm a structural engineer.
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[01:31:55.880 --> 01:31:58.520]  We're Americans and we deserve the truth.
[01:31:58.520 --> 01:32:00.560]  Go to rememberbuildingseven.org today.
[01:32:00.560 --> 01:32:03.800]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.800 --> 01:32:07.080]  Did your home receive hail or wind damage from the recent storms?
[01:32:07.080 --> 01:32:10.720]  Come on, we all know the government caused it with their chemtrails, but good luck getting
[01:32:10.720 --> 01:32:11.720]  them to pay for it.
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[01:32:39.240 --> 01:32:43.600]  Mention the crypto show and get $100 off, and we'll donate another $100 to the Logos
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[01:32:46.200 --> 01:32:51.320]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:51.320 --> 01:32:57.440]  That's 512-992-8745 or hillcountryhomeimprovements.com.
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[01:32:59.240 --> 01:33:28.880]  Me and I are actually kidding about chemtrails.
[01:33:29.240 --> 01:33:51.120]  Okay, we are back, Randy Kelton with the Radio, and we're talking to Mark in Texas.
[01:33:51.120 --> 01:33:53.440]  Mark, really, do we have much more?
[01:33:53.440 --> 01:33:54.440]  I really need to move along.
[01:33:54.440 --> 01:33:59.640]  I've got two more callers, one of them is the first time, and I only got two segments.
[01:33:59.640 --> 01:34:03.360]  Well, I don't know that we really do.
[01:34:03.360 --> 01:34:08.280]  I'm just wondering if you have any ideas about any other kind of letters that I might be
[01:34:08.280 --> 01:34:16.080]  able to send that would help in the discovery of the fraud here.
[01:34:16.080 --> 01:34:23.720]  The only one I thought about is if you have any parties that sign documents, you might
[01:34:23.720 --> 01:34:31.240]  send them a request for evidence of power of attorney.
[01:34:31.240 --> 01:34:41.680]  And if you have any notary is on any documents, send them a request for evidence of authentication.
[01:34:41.680 --> 01:34:51.400]  If you don't get a response, that's prima facie evidence that the signature is invalid.
[01:34:51.400 --> 01:34:57.720]  When the signature is put on a document, if it's not challenged, then the court will accept
[01:34:57.720 --> 01:34:59.920]  it as true.
[01:34:59.920 --> 01:35:07.760]  Once challenged with evidence to give reason to support the challenge, that changes the
[01:35:07.760 --> 01:35:11.760]  presumption.
[01:35:11.760 --> 01:35:15.600]  And that's what these letters will give you, the presumption.
[01:35:15.600 --> 01:35:22.360]  Under TWEEL VUS, if a party has a duty to respond and they fail to respond, that's equated
[01:35:22.360 --> 01:35:23.360]  as fraud.
[01:35:23.360 --> 01:35:29.880]  Well, they made a proactive statement of power of attorney by signing the document.
[01:35:29.880 --> 01:35:42.320]  When you challenge the validity of the association or the agency, and they have a duty to prove
[01:35:42.320 --> 01:35:47.400]  up the agency when they don't, then you can equate that with fraud, prima facie evidence
[01:35:47.400 --> 01:35:49.200]  that it's an invalid signature.
[01:35:49.200 --> 01:35:55.720]  That would make a quiet title action a little bit stronger.
[01:35:55.720 --> 01:35:57.760]  Yes, yes.
[01:35:57.760 --> 01:36:02.200]  This will just muddy up their waters a little more.
[01:36:02.200 --> 01:36:09.680]  Yeah, well you guys actually covered a lot of other things I was thinking about in the
[01:36:09.680 --> 01:36:10.680]  first place.
[01:36:10.680 --> 01:36:11.680]  So here we are.
[01:36:11.680 --> 01:36:15.360]  Thanks very much, and I appreciate you sending me the brief recently.
[01:36:15.360 --> 01:36:18.600]  That's something that's kind of interesting.
[01:36:18.600 --> 01:36:23.480]  And I've got a case that reflects it on and all over the place.
[01:36:23.480 --> 01:36:25.200]  Okay, well, wonderful.
[01:36:25.200 --> 01:36:27.480]  Okay, thank you, Mark.
[01:36:27.480 --> 01:36:30.480]  Now I'm going to go to Rob in New Mexico.
[01:36:30.480 --> 01:36:32.120]  Rob, I need to go quickly.
[01:36:32.120 --> 01:36:36.840]  I have a first-time caller, but I didn't want to bounce over you since you've been hanging
[01:36:36.840 --> 01:36:37.840]  on so long.
[01:36:37.840 --> 01:36:38.840]  Go ahead.
[01:36:38.840 --> 01:36:42.480]  I'll be as quick as I can.
[01:36:42.480 --> 01:36:45.280]  I've got a ton of stuff, and I'll probably not get to it.
[01:36:45.280 --> 01:36:48.800]  So I've got a motion hearing on Monday.
[01:36:48.800 --> 01:36:55.680]  This is for the Unfair Practices Act suit I filed against the second Aspen servicer.
[01:36:55.680 --> 01:37:01.680]  They filed a motion for summary judgment, responded to that.
[01:37:01.680 --> 01:37:03.560]  We're going to be hearing that on Monday.
[01:37:03.560 --> 01:37:08.380]  And we're also going to be hearing my challenge to subject matter jurisdiction motion to dismiss
[01:37:08.380 --> 01:37:11.040]  their counterclaim.
[01:37:11.040 --> 01:37:16.960]  They have no assignment in the record.
[01:37:16.960 --> 01:37:24.680]  This letter that they produced supporting their claim of successorship says, to whom
[01:37:24.680 --> 01:37:29.600]  it may concern, we have resigned as escrow agent on the above-referenced account.
[01:37:29.600 --> 01:37:33.480]  Enclosed are the following documents for you two.
[01:37:33.480 --> 01:37:37.520]  And then there's a list of documents that says the current principal balance is.
[01:37:37.520 --> 01:37:43.560]  And then if you have any questions, please contact our office sincerely, Calliope McKinley
[01:37:43.560 --> 01:37:45.680]  customer service representative.
[01:37:45.680 --> 01:37:51.760]  That work is in assignment.
[01:37:51.760 --> 01:37:53.760]  Randy?
[01:37:53.760 --> 01:38:00.000]  Oh, I'm sorry.
[01:38:00.000 --> 01:38:05.720]  I had muted my mic, so I didn't make any noise on the mic, and I was yakking away.
[01:38:05.720 --> 01:38:10.160]  What did you say about that as an assignment?
[01:38:10.160 --> 01:38:11.160]  Yeah.
[01:38:11.160 --> 01:38:15.000]  It's a letter that says to whom it may concern.
[01:38:15.000 --> 01:38:16.000]  Okay.
[01:38:16.000 --> 01:38:21.680]  I got that part, but what about assignment?
[01:38:21.680 --> 01:38:26.560]  That's their evidence that they have authority to act on this account.
[01:38:26.560 --> 01:38:30.160]  Is that sufficient?
[01:38:30.160 --> 01:38:35.080]  Once they stated that they resigned?
[01:38:35.080 --> 01:38:37.840]  The former escrow servicer resigned.
[01:38:37.840 --> 01:38:38.840]  Oh, okay.
[01:38:38.840 --> 01:38:42.920]  So it just says the former one resigned.
[01:38:42.920 --> 01:38:49.680]  It doesn't state that the lender assigned them as its agent.
[01:38:49.680 --> 01:38:56.120]  Well, it says we have resigned and here's the documents we're sending to you.
[01:38:56.120 --> 01:38:57.120]  Okay.
[01:38:57.120 --> 01:38:58.120]  So?
[01:38:58.120 --> 01:38:59.120]  Yeah.
[01:38:59.120 --> 01:39:05.400]  It doesn't say anything about assignment as the agent just says, we resigned and we're
[01:39:05.400 --> 01:39:06.400]  sending you this stuff.
[01:39:06.400 --> 01:39:10.120]  This is a copy of the letter to the- Wait, this doesn't make sense.
[01:39:10.120 --> 01:39:15.600]  They're saying they resigned and we're sending you this stuff, and somehow that gives someone
[01:39:15.600 --> 01:39:18.640]  else authority to act.
[01:39:18.640 --> 01:39:25.560]  No, this is the letter to the successor.
[01:39:25.560 --> 01:39:26.560]  Not making sense.
[01:39:26.560 --> 01:39:27.560]  I'm missing something.
[01:39:27.560 --> 01:39:35.160]  This is the letter from the original servicer to the successor.
[01:39:35.160 --> 01:39:37.880]  Okay.
[01:39:37.880 --> 01:39:42.600]  Do you have anything appointing the successor?
[01:39:42.600 --> 01:39:43.600]  Just this letter.
[01:39:43.600 --> 01:39:44.600]  Okay.
[01:39:44.600 --> 01:39:47.600]  That's not an appointment.
[01:39:47.600 --> 01:39:48.600]  Right.
[01:39:48.600 --> 01:39:53.320]  So that should be pretty easy to handle.
[01:39:53.320 --> 01:39:54.320]  Okay.
[01:39:54.320 --> 01:39:55.320]  Good.
[01:39:55.320 --> 01:40:00.920]  So they're claiming that the escrow company act doesn't apply to them because they're
[01:40:00.920 --> 01:40:07.960]  a trust company, but they're claiming to be a successor to an escrow company.
[01:40:07.960 --> 01:40:13.000]  The escrow company act requires an application for exemption.
[01:40:13.000 --> 01:40:20.240]  It does exempt trust companies, but they have to apply for an application for an exemption,
[01:40:20.240 --> 01:40:23.360]  and the burden of proof is on them to prove that exemption.
[01:40:23.360 --> 01:40:27.880]  Okay, have they filed that in the record?
[01:40:27.880 --> 01:40:28.880]  Not yet.
[01:40:28.880 --> 01:40:29.880]  I asked for it.
[01:40:29.880 --> 01:40:30.880]  Okay.
[01:40:30.880 --> 01:40:31.880]  Okay.
[01:40:31.880 --> 01:40:36.960]  When you come to the hearing, if they try to produce it at the hearing, you object because
[01:40:36.960 --> 01:40:39.880]  they didn't produce it earlier.
[01:40:39.880 --> 01:40:41.440]  Okay.
[01:40:41.440 --> 01:40:51.520]  And then their counterclaim is for attorney fees under the indemnification clause in the
[01:40:51.520 --> 01:40:54.120]  real estate contract.
[01:40:54.120 --> 01:40:56.800]  But they can't claim that, right?
[01:40:56.800 --> 01:40:57.800]  I don't know.
[01:40:57.800 --> 01:40:58.800]  Assignment?
[01:40:58.800 --> 01:40:59.800]  There's no assignment.
[01:40:59.800 --> 01:41:04.320]  The account was in default when they acquired it.
[01:41:04.320 --> 01:41:11.240]  So I don't see how they can claim authority to claim the indemnification clause is going
[01:41:11.240 --> 01:41:16.120]  to protect them when they're not actually assigned as an agent.
[01:41:16.120 --> 01:41:18.120]  Well, yeah.
[01:41:18.120 --> 01:41:19.640]  They don't have a proper assignment.
[01:41:19.640 --> 01:41:28.680]  That's a little complex and would go specifically to the governing law, and you're in New Mexico,
[01:41:28.680 --> 01:41:32.280]  so I wouldn't know how to respond to that.
[01:41:32.280 --> 01:41:34.800]  It's a little bit too technical for me to speak to generally.
[01:41:34.800 --> 01:41:39.440]  Well, and I'll follow the challenge of subject matter jurisdiction on their counterclaim
[01:41:39.440 --> 01:41:43.400]  stating that there was no evidence of agency or standing, and they didn't produce any
[01:41:43.400 --> 01:41:45.600]  evidence in response to that.
[01:41:45.600 --> 01:41:51.320]  So okay, I'll tell you what, we're going to run out of time here.
[01:41:51.320 --> 01:41:53.840]  Can you call me tomorrow in the morning?
[01:41:53.840 --> 01:41:55.400]  Yes, I will.
[01:41:55.400 --> 01:41:56.400]  I will.
[01:41:56.400 --> 01:41:57.400]  And I'll go over it.
[01:41:57.400 --> 01:41:58.400]  Earlier is better.
[01:41:58.400 --> 01:41:59.400]  All right.
[01:41:59.400 --> 01:42:00.400]  Thanks a lot.
[01:42:00.400 --> 01:42:01.400]  Okay.
[01:42:01.400 --> 01:42:02.400]  Okay.
[01:42:02.400 --> 01:42:03.400]  Thank you, Rob.
[01:42:03.400 --> 01:42:04.400]  Okay.
[01:42:04.400 --> 01:42:05.400]  Now we're going to go to Gabriel in Oregon.
[01:42:05.400 --> 01:42:06.400]  Hello, Gabriel.
[01:42:06.400 --> 01:42:07.400]  Hello, sir.
[01:42:07.400 --> 01:42:11.360]  How are you doing today?
[01:42:11.360 --> 01:42:12.360]  I'm doing good.
[01:42:12.360 --> 01:42:13.360]  Okay.
[01:42:13.360 --> 01:42:22.040]  I see you have a thrown in jail for contempt for asking questions.
[01:42:22.040 --> 01:42:24.840]  What type of case was this?
[01:42:24.840 --> 01:42:35.920]  Well, I was accused of DUI, and I was asking him clarifications on the nature and cause
[01:42:35.920 --> 01:42:41.280]  of the charges and proceedings against me, and I asked him questions like, do I have
[01:42:41.280 --> 01:42:45.160]  the right to a fair and meaningful arraignment?
[01:42:45.160 --> 01:42:50.920]  And he said, we're not going to go there today, or we're not doing that today.
[01:42:50.920 --> 01:42:59.760]  And every question I asked, he would just cut me off and start talking really fast and
[01:42:59.760 --> 01:43:06.960]  accuse me of not listening or accuse me of representing myself, which I don't think is
[01:43:06.960 --> 01:43:07.960]  even possible.
[01:43:07.960 --> 01:43:16.040]  But I had a few questions because I plan on filing a lawsuit.
[01:43:16.040 --> 01:43:21.040]  And I was wondering what you thought about doing a federal lawsuit to move it up to a
[01:43:21.040 --> 01:43:27.200]  higher court because it was at a circuit court in Oregon.
[01:43:27.200 --> 01:43:30.560]  Okay.
[01:43:30.560 --> 01:43:36.720]  Don't have anywhere near enough information to be able to answer anything at the moment.
[01:43:36.720 --> 01:43:38.240]  We're about to go to break.
[01:43:38.240 --> 01:43:47.200]  When I come back, I need a little more detail on the case, and I'll speak to due process.
[01:43:47.200 --> 01:43:49.240]  This is Randy Kelton with our radio.
[01:43:49.240 --> 01:43:55.920]  I won't give you our call number because we're going to our last segment, but go visit our
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[01:46:03.640 --> 01:46:25.760]  Okay.
[01:46:25.760 --> 01:46:26.760]  We are back.
[01:46:26.760 --> 01:46:32.200]  Randy Kelton, Rule of Law Radio, and we're talking to Gabriel from Oregon.
[01:46:32.200 --> 01:46:41.920]  You made a statement about arraignment, and that kind of set off some flags for me.
[01:46:41.920 --> 01:46:51.560]  So I need to back up and ask, what was the nature of the hearing that was taking place?
[01:46:51.560 --> 01:46:57.760]  Was this the first hearing after you were arrested, or was it a subsequent hearing?
[01:46:57.760 --> 01:47:00.760]  The first one, correct.
[01:47:00.760 --> 01:47:02.880]  Wait, I missed that.
[01:47:02.880 --> 01:47:03.880]  Say that again.
[01:47:03.880 --> 01:47:07.880]  Yeah, it was the first one, it was the arraignment.
[01:47:07.880 --> 01:47:08.880]  Okay.
[01:47:08.880 --> 01:47:17.400]  That was why I asked the question, because if Oregon law is similar to Texas law, that
[01:47:17.400 --> 01:47:18.400]  was not an arraignment.
[01:47:18.400 --> 01:47:21.400]  It could not be an arraignment.
[01:47:21.400 --> 01:47:23.080]  Exactly.
[01:47:23.080 --> 01:47:27.880]  What it had to be was an examining trial.
[01:47:27.880 --> 01:47:30.600]  Every state requires an examining trial.
[01:47:30.600 --> 01:47:34.720]  This is kind of how it works.
[01:47:34.720 --> 01:47:35.720]  Jurisdiction.
[01:47:35.720 --> 01:47:42.480]  Jurisdiction starts with a claimant, a complainant, and the complainant will take his complaint
[01:47:42.480 --> 01:47:50.120]  to some magistrate and make it known to the magistrate that the complainant has reason
[01:47:50.120 --> 01:47:52.760]  to believe that crime has been committed.
[01:47:52.760 --> 01:47:58.040]  Then the magistrate will convene an examining trial.
[01:47:58.040 --> 01:48:08.400]  Now, if the complainant is a police officer and has arrested the accused, then the police
[01:48:08.400 --> 01:48:14.640]  officer who performs an arrest without a warrant first being issued is required to take the
[01:48:14.640 --> 01:48:20.080]  person directly to the nearest magistrate, and this is kind of, it's a federal requirement
[01:48:20.080 --> 01:48:23.520]  and it's pretty well universal across all the states.
[01:48:23.520 --> 01:48:28.680]  They'll take him to the nearest magistrate and explain himself.
[01:48:28.680 --> 01:48:31.560]  Have you ever seen the program Night Court?
[01:48:31.560 --> 01:48:34.240]  No, I haven't.
[01:48:34.240 --> 01:48:35.240]  Okay.
[01:48:35.240 --> 01:48:41.280]  That was out of New York where you have, it was a comedy with Bob Larroquette and some
[01:48:41.280 --> 01:48:46.960]  other folks, and it was a night court, so when someone was arrested, they were held
[01:48:46.960 --> 01:48:53.360]  just long enough to have a lawyer appointed for the purpose of this hearing.
[01:48:53.360 --> 01:48:58.800]  Then the person arrested was brought before the judge and the police officer brought before
[01:48:58.800 --> 01:49:01.160]  the judge was prosecuted.
[01:49:01.160 --> 01:49:07.960]  So the person was there with an attorney to represent them, the police officer is there
[01:49:07.960 --> 01:49:13.440]  with the prosecutor, the police officer would make his case, the accused would make his
[01:49:13.440 --> 01:49:19.360]  case, and the magistrate will determine whether or not the person has to stand and answer
[01:49:19.360 --> 01:49:20.360]  for a crime.
[01:49:20.360 --> 01:49:24.400]  He would make a determination of probable cause.
[01:49:24.400 --> 01:49:27.600]  That's how it's supposed to work.
[01:49:27.600 --> 01:49:32.440]  That was a comedy, but it was constitutionally dead on.
[01:49:32.440 --> 01:49:37.640]  So when you were arrested, the arresting officer who arrested you apparently without a warrant
[01:49:37.640 --> 01:49:42.600]  was required to take you directly before a magistrate, not a judge.
[01:49:42.600 --> 01:49:47.920]  A judge holds arraignment hearings, an arraignment hearing is a hearing for the purpose of determining
[01:49:47.920 --> 01:49:52.220]  the identity of the accused and taking a plea.
[01:49:52.220 --> 01:49:57.360]  Only a judge of original jurisdiction can hold an arraignment hearing.
[01:49:57.360 --> 01:50:04.640]  A magistrate can hear any complaint, felony or misdemeanor, state or federal.
[01:50:04.640 --> 01:50:10.160]  Every judge is a magistrate, even from the lowest to the highest.
[01:50:10.160 --> 01:50:15.480]  So if he's arrested you without a warrant, he's to take you to the nearest magistrate,
[01:50:15.480 --> 01:50:20.560]  explain himself, you get an opportunity to explain it in your side, and the magistrate
[01:50:20.560 --> 01:50:24.080]  determines whether or not you stand and answer.
[01:50:24.080 --> 01:50:27.280]  That's an examining trial.
[01:50:27.280 --> 01:50:33.280]  That's what you had a right to, but in every state I've looked at, they no longer hold
[01:50:33.280 --> 01:50:35.520]  examining trials.
[01:50:35.520 --> 01:50:42.160]  They call it a magistration in Texas, they call it an arraignment in some states.
[01:50:42.160 --> 01:50:51.600]  The problem is the trial judge does not have jurisdiction until there's been an examining
[01:50:51.600 --> 01:50:55.360]  trial in a determination of probable cause.
[01:50:55.360 --> 01:51:00.840]  So they tried to mix these two hearings together and eliminate the determination of probable
[01:51:00.840 --> 01:51:01.840]  cause.
[01:51:01.840 --> 01:51:08.600]  And the reason is, is the average conviction rate in every state I've looked at is upwards
[01:51:08.600 --> 01:51:09.600]  of 99%.
[01:51:09.600 --> 01:51:17.400]  We live in the worst police state the world has ever seen, and nobody even knows it.
[01:51:17.400 --> 01:51:26.960]  In Texas, average conviction rate, all crimes across the board, 99.6, you see, they know
[01:51:26.960 --> 01:51:30.120]  they're going to force you to take a deal.
[01:51:30.120 --> 01:51:35.440]  So all this examining trial and all this other due process nonsense, they don't care about
[01:51:35.440 --> 01:51:36.440]  that.
[01:51:36.440 --> 01:51:39.560]  They're going to force you to take a deal.
[01:51:39.560 --> 01:51:42.480]  So they dispense with all that.
[01:51:42.480 --> 01:51:48.680]  Their problem is, is you still have those rights and you can go back and begin to assert
[01:51:48.680 --> 01:51:50.680]  them.
[01:51:50.680 --> 01:52:00.960]  But for me to try to explain all of them here online on the show would take too much time.
[01:52:00.960 --> 01:52:08.200]  So I'm going to make a suggestion and this will be more valuable to you than you can
[01:52:08.200 --> 01:52:10.200]  imagine.
[01:52:10.200 --> 01:52:17.000]  Get out the Oregon Penal Code and Code of Criminal Procedure and just sit down some
[01:52:17.000 --> 01:52:19.600]  time and read through them.
[01:52:19.600 --> 01:52:20.600]  Read through them quickly.
[01:52:20.600 --> 01:52:26.760]  Don't try to understand them, don't try to remember everything, just read through them.
[01:52:26.760 --> 01:52:34.120]  And what this will do is provide a referential index for the second time you read them.
[01:52:34.120 --> 01:52:40.160]  When you read them the second time, what you will find, what everybody else has found is
[01:52:40.160 --> 01:52:47.240]  it reads you like a comic book because you'll read it and be saying, holy crap, look what
[01:52:47.240 --> 01:52:49.040]  I can do to them.
[01:52:49.040 --> 01:52:50.440]  Look what they did wrong.
[01:52:50.440 --> 01:52:56.600]  You will, if you read those things twice and they're not as big as they look because codes
[01:52:56.600 --> 01:52:59.600]  and statutes are always in an outline form.
[01:52:59.600 --> 01:53:04.160]  So you get this real big book but two thirds of it's white space.
[01:53:04.160 --> 01:53:06.360]  It's not like reading a novel or something.
[01:53:06.360 --> 01:53:07.920]  You got a whole lot of white space in there.
[01:53:07.920 --> 01:53:14.080]  So it reads a lot faster than you'd think and you'll come across areas that you know
[01:53:14.080 --> 01:53:20.360]  you don't have any interest in like family law or juvenile law, you won't bother with
[01:53:20.360 --> 01:53:21.360]  that.
[01:53:21.360 --> 01:53:23.840]  You can cruise right through these.
[01:53:23.840 --> 01:53:27.440]  You cruise through them, don't even try to understand them, then go back and read it
[01:53:27.440 --> 01:53:34.240]  a second time and your brain will begin to stitch all these codes together and when you
[01:53:34.240 --> 01:53:41.280]  go into court, you'll know the codes better than they do because they never read them.
[01:53:41.280 --> 01:53:52.320]  Now go to jurisimprudence.com, you have a pen?
[01:53:52.320 --> 01:54:03.160]  Back down, j-u-r-i-s-imprudence, i-a-m-p-r-u-d-e-n-c-e.com.
[01:54:03.160 --> 01:54:06.760]  You open that up and there'll be a bunch of frogs on there because I call all this the
[01:54:06.760 --> 01:54:08.560]  frog farm conspiracy.
[01:54:08.560 --> 01:54:18.200]  Well there's a box on the top on the left and that goes to a habeas corpus I wrote for
[01:54:18.200 --> 01:54:22.120]  a kid in Conroe, Texas.
[01:54:22.120 --> 01:54:28.240]  It's written in Texas law but it's based on federal law.
[01:54:28.240 --> 01:54:36.640]  This is due process, this is federal due process, this is what they're required to do in every
[01:54:36.640 --> 01:54:37.640]  arrest.
[01:54:37.640 --> 01:54:46.520]  And you're in Oregon, most of the states including Oregon adopted the model penal code and code
[01:54:46.520 --> 01:54:50.280]  of criminal procedure put out by the United States government.
[01:54:50.280 --> 01:54:57.400]  They encouraged the states to adopt these so that the laws would be relatively uniform
[01:54:57.400 --> 01:54:59.960]  across all the states.
[01:54:59.960 --> 01:55:03.320]  So that will be appropriate to you.
[01:55:03.320 --> 01:55:08.480]  You read through that and you will be surprised what you see.
[01:55:08.480 --> 01:55:14.200]  I can almost guarantee you I could come to Oregon and walk through their codes and walk
[01:55:14.200 --> 01:55:21.040]  through their procedure and I'll give you right at 20 misdemeanor and felony charges
[01:55:21.040 --> 01:55:28.360]  against the arresting officer, the jailers, the magistrate, the prosecuting attorney and
[01:55:28.360 --> 01:55:32.240]  the trial judge to do everything wrong.
[01:55:32.240 --> 01:55:37.360]  Let me hear a couple of other big ones at you.
[01:55:37.360 --> 01:55:45.720]  So they threw me in jail and after the strip search which was really enjoyable, they threw
[01:55:45.720 --> 01:55:51.240]  me in a holding cell with a guy who had Tourette's in one of the foulest mouths I've ever heard
[01:55:51.240 --> 01:55:53.480]  and would scream at the top of his lungs.
[01:55:53.480 --> 01:56:00.200]  But the major legal issue is that I wrote out a habeas corpus in like 30 minutes and
[01:56:00.200 --> 01:56:03.000]  every jailer I talked to refused to take it.
[01:56:03.000 --> 01:56:07.240]  They would always say, oh no, that's for later, that's not for now.
[01:56:07.240 --> 01:56:08.240]  Wonderful.
[01:56:08.240 --> 01:56:20.280]  When I was asking the cops, do I have to take this breathalyzer test, he'd say, no.
[01:56:20.280 --> 01:56:23.360]  And I said, okay, well, what are my options here if I do or don't?
[01:56:23.360 --> 01:56:28.880]  And he said, okay, this is your last chance, either do it now or I'll count as a refusal
[01:56:28.880 --> 01:56:29.880]  and it'll be an extra charge.
[01:56:29.880 --> 01:56:33.680]  And I said, well, what are my three options, whether I do or don't, or I pass or fail?
[01:56:33.680 --> 01:56:39.680]  He'd say, oh, that's it, that's a refusal and then, yeah, there was one more issue like
[01:56:39.680 --> 01:56:40.680]  that.
[01:56:40.680 --> 01:56:48.680]  But yeah, I wanted you to hear those before we hit the end of the show.
[01:56:48.680 --> 01:57:00.080]  Okay, well, so have you filed a, okay, well, I don't have enough information yet and it
[01:57:00.080 --> 01:57:02.200]  is late in the show.
[01:57:02.200 --> 01:57:06.280]  Can you call back in earlier next week?
[01:57:06.280 --> 01:57:13.440]  But first, before we get there, write me a timeline, just this happened and this happened,
[01:57:13.440 --> 01:57:21.120]  no explanations, just a timeline so that when we talk about this, I can stay oriented in
[01:57:21.120 --> 01:57:27.000]  time because when things like this happen to people, you're involved in it so you have
[01:57:27.000 --> 01:57:32.400]  an emotional component and you tend to move from one emotional high point to the next,
[01:57:32.400 --> 01:57:34.080]  to the next, to the next.
[01:57:34.080 --> 01:57:39.960]  Well, that tends to leave out a lot of detail in the middle and I'm the due process guy.
[01:57:39.960 --> 01:57:45.840]  So I'm looking at things that you may not know to even pay attention to.
[01:57:45.840 --> 01:57:52.040]  So I need a timeline so I can go back in between these events and ask some really pertinent
[01:57:52.040 --> 01:57:54.800]  questions.
[01:57:54.800 --> 01:58:00.920]  If you will just write down a timeline, this will be extremely valuable for you because
[01:58:00.920 --> 01:58:07.840]  this is emotional for you and there's something about memory that will cause you to have memory
[01:58:07.840 --> 01:58:13.360]  loss when you emotionally reinvigorate these memories.
[01:58:13.360 --> 01:58:20.200]  I'll explain that when we have more time, but you need to get this written down as soon
[01:58:20.200 --> 01:58:25.560]  as possible because these details are beginning to fade real fast.
[01:58:25.560 --> 01:58:30.360]  So just get a timeline, that's the best memory device you can develop and then call in next
[01:58:30.360 --> 01:58:35.720]  Friday earlier in the day and we'll go through some of this routine.
[01:58:35.720 --> 01:58:36.720]  This is what we do.
[01:58:36.720 --> 01:58:40.320]  We show people how to take on these public officials.
[01:58:40.320 --> 01:58:41.320]  Thank you for calling.
[01:58:41.320 --> 01:58:42.320]  We are out of time.
[01:58:42.320 --> 01:58:47.960]  Randy Kelton, We'll Be Back next Thursday, 8 o'clock Central, then Friday, 8 o'clock
[01:58:47.960 --> 01:58:50.560]  Central.
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