[00:00.000 --> 00:05.840] The following newsflash is brought to you by the Lone Star Lowdown, providing the jelly [00:05.840 --> 00:08.360] bulletins for the commodities market. [00:08.360 --> 00:21.240] Today in history, news updates and the inside scoop into the tides of the alternatives. [00:21.240 --> 00:27.720] Markets for Wednesday, the 20th of April, 2016 are currently treading with gold at $1,253.14 [00:27.720 --> 00:34.760] an ounce, silver $17.14 an ounce, Texas crude $41.08 a barrel, and Bitcoin is currently [00:34.760 --> 00:42.800] at about $440 U.S. currency. [00:42.800 --> 00:48.480] Today in history, the year 1999, the Columbine High School shootings take place in Colorado. [00:48.480 --> 00:57.920] Back 13 people were killed with 24 being injured, the Columbine shootings took place today in [00:57.920 --> 00:58.920] history. [00:58.920 --> 01:02.280] In recent news, Treasury Secretary Jack Lew is expected to announce later today that Harriet [01:02.280 --> 01:06.280] Tubman, the African American abolitionist, the most famous for her role in helping slaves [01:06.280 --> 01:10.400] escape through the Underground Railroad, will soon be the new face on the $20 bill. [01:10.400 --> 01:15.080] With the U.S. founding father Alexander Hamilton remaining on the $10 paper note, the new $10 [01:15.080 --> 01:19.280] bill is set to be unveiled in 2020, the timing for the production of the new Harriet Tubman [01:19.280 --> 01:27.280] $20 bill, however, is yet to be announced. [01:27.280 --> 01:30.640] More than a dozen criminal charges have been filed today against three officials in Michigan [01:30.640 --> 01:35.160] as part of a months long investigation into the lead contaminated water crisis in Flint. [01:35.160 --> 01:38.160] The charges are the first from the government catastrophe, which has potentially exposed [01:38.160 --> 01:41.000] roughly 100,000 residents to lead contaminated water. [01:41.000 --> 01:44.600] As a result of this, which many are calling criminal negligence, the crisis has led to [01:44.600 --> 01:48.600] an investigation of the possible links between the tainted water and a dozen deaths from [01:48.600 --> 01:52.160] Legionnaires' disease. [01:52.160 --> 01:58.160] In 2015, local, state and federal authorities, through the Drug Enforcement Administration's [01:58.160 --> 02:02.720] controversial cannabis eradication program, uprooted roughly 4.1 million cultivated marijuana [02:02.720 --> 02:07.520] plants in all 50 states as compared to the 4.3 million plants in 2014, while federal [02:07.520 --> 02:11.520] spending on the program has remained roughly the same at $18 million in the last few years [02:11.520 --> 02:14.760] and tallies out to roughly $4.42 per plant. [02:14.760 --> 02:18.840] This DEA's program provides funding to 128 state and local law enforcement agencies to [02:18.840 --> 02:22.460] search for, seize and destroy marijuana being grown across the country. [02:22.460 --> 02:25.560] Much of the money for the program comes from the Justice Department's highly controversial [02:25.560 --> 02:28.480] and constitutionally questionable Asset Forfeiture Fund. [02:28.480 --> 02:32.800] However, at least two states have declined to accept federal eradication funds last year, [02:32.800 --> 02:35.320] Alaska and Colorado, where marijuana is now legal. [02:35.320 --> 02:38.560] Four states, including even the District of Columbia, have legalized marijuana for adult [02:38.560 --> 02:43.120] use, with several other states hoping to follow smoke this year, with an ever-growing opposition [02:43.120 --> 02:46.960] from researchers, lawmakers, doctors and the general public calling on the federal government [02:46.960 --> 02:50.440] to change course on marijuana policy and save us all some money. [02:50.440 --> 03:10.840] This is Rick Roady with your lowdown for 4.20 2016. [03:10.840 --> 03:39.320] Welcome back to Rule of Law with Randy Kelton and Yvette Pack. [03:39.320 --> 03:44.680] Okay, I forgot what I was doing. [03:44.680 --> 03:45.680] Chris in Pennsylvania. [03:45.680 --> 03:46.680] Okay, you there, Chris? [03:46.680 --> 03:47.680] I'm here, Randy. [03:47.680 --> 04:03.040] Okay, we kind of got things focused, so did you have a specific question or was it just [04:03.040 --> 04:04.040] a comment? [04:04.040 --> 04:10.360] Well, I wanted you to play the devil's advocate on that, but based on the fact that if I clearly [04:10.360 --> 04:15.520] just forget about everything we've done and we just ask for a default judgment based on [04:15.520 --> 04:26.080] the fact that the bank did not sue on the correct paperwork and then ask for damages [04:26.080 --> 04:27.080] on his decision. [04:27.080 --> 04:34.120] Okay, I'm glad you said that because when you were talking, I was thinking, man, these [04:34.120 --> 04:41.480] guys sued when they had no case, this should get a counter suit. [04:41.480 --> 04:44.400] Right. [04:44.400 --> 04:53.640] You can file a counter, have you filed a counter claim at all in this case? [04:53.640 --> 04:54.640] Not at all. [04:54.640 --> 05:02.480] Anymore, I'm getting to where if somebody sues me, they're going to get a counterclaim. [05:02.480 --> 05:07.880] If you're going to come after me, I'm going to make it so that it's going to be caused. [05:07.880 --> 05:11.280] You have something at risk too. [05:11.280 --> 05:20.240] So it may be too far along to file a counterclaim at this point, but maybe not. [05:20.240 --> 05:25.920] You might talk to your lawyer and see if you turn this around on them and sue the lawyers [05:25.920 --> 05:33.080] themselves, because you don't know who actually sued you. [05:33.080 --> 05:36.120] You know these lawyers sued you, but you don't know if they actually did it for the bank [05:36.120 --> 05:43.920] or not, because your indication is that the bank doesn't have anything to do with this. [05:43.920 --> 05:44.920] They have no standing. [05:44.920 --> 05:45.920] They have no claim. [05:45.920 --> 05:53.440] So the guys who are signing these documents who are pushing the claim, sue them. [05:53.440 --> 05:54.440] Right. [05:54.440 --> 06:00.960] But I mean, do we ask for damages based on the fact that they brought the wrong paperwork [06:00.960 --> 06:07.920] to the court, and would we get a judgment on that solely just on this case being tried [06:07.920 --> 06:09.880] in front of the court with the wrong paperwork? [06:09.880 --> 06:12.560] So I mean, does that fall under... [06:12.560 --> 06:16.840] You could definitely raise the claim. [06:16.840 --> 06:21.600] But if you ask for sanctions, you're unlikely to get it, because what the court's going [06:21.600 --> 06:27.280] to say is you should have done this the first day. [06:27.280 --> 06:32.320] Here we are, how many years down the road are you bringing this now? [06:32.320 --> 06:37.560] How long before these facts actually came out? [06:37.560 --> 06:45.440] Well, this is our second attorney in this case, and the second attorney is the one who [06:45.440 --> 06:49.640] picked up on the actual wrong assignment. [06:49.640 --> 06:57.720] So what the court is going to say, now wait a minute, when you knew about this, you should [06:57.720 --> 06:58.720] have brought it in. [06:58.720 --> 07:04.720] Did the second attorney bring this up when he first found out about it? [07:04.720 --> 07:06.720] Oh, yeah. [07:06.720 --> 07:09.560] Okay, to go for sanctions. [07:09.560 --> 07:15.480] The lawyers on the other side, they had a duty to dismiss this case. [07:15.480 --> 07:16.600] Right. [07:16.600 --> 07:21.480] We had this in our original pleadings, and it was just never really looked at, because [07:21.480 --> 07:25.880] the bank just kept coming back, well, we hold the note and we hold the mortgage, but they [07:25.880 --> 07:31.880] could never prove that, because the mortgage assignment only assigned the mortgage with [07:31.880 --> 07:34.880] no mention of the note being assigned. [07:34.880 --> 07:41.960] So they have this note endorsed in blank with no assignment on the mortgage, and they're [07:41.960 --> 07:46.520] telling us that Fannie Mae is the lender, and if we have questions, we should ask Fannie [07:46.520 --> 07:50.280] Mae, but they'll probably tell them to answer the questions. [07:50.280 --> 07:54.120] Is there an assignment to Fannie Mae? [07:54.120 --> 07:59.120] No, they're not even mentioned on the mortgage. [07:59.120 --> 08:06.840] The only way Fannie Mae is mentioned in this is Fannie Mae makes a mention when we go to [08:06.840 --> 08:12.000] the Fannie Mae lookup and we call Fannie Mae, they tell us there are two items that Fannie [08:12.000 --> 08:13.000] Mae has. [08:13.000 --> 08:18.280] Fannie Mae sold this to investors back in 2005, which means they securitized it, and [08:18.280 --> 08:24.520] then Fannie Mae took an interest in 2009, which was right after Wachovia closed. [08:24.520 --> 08:32.760] So if it was securitized and Fannie Mae is holding the intangible debt stream obligation, [08:32.760 --> 08:36.400] they're not really assigned anything, nor are they holding anything tangible. [08:36.400 --> 08:41.960] So of course, they're going to give it to one of their fellow banks to pretend like [08:41.960 --> 08:44.040] they're foreclosing, and that's where we are. [08:44.040 --> 08:48.520] Okay, let's go back to the public record. [08:48.520 --> 08:55.920] In Pennsylvania, is a claim valid if it's not filed in the public record? [08:55.920 --> 08:57.480] No. [08:57.480 --> 09:04.080] Then all these other people, you don't care about them. [09:04.080 --> 09:05.560] They don't have anything to do with anything. [09:05.560 --> 09:09.720] If they can't establish, they claim that they think they have a claim. [09:09.720 --> 09:14.960] Well, if you have a claim, let's go look in the public record and let's find that claim [09:14.960 --> 09:16.680] in the public record. [09:16.680 --> 09:22.400] If it's not there, these folks have no standing. [09:22.400 --> 09:23.400] Right. [09:23.400 --> 09:29.120] And if they tried to assert standing, they should get sued. [09:29.120 --> 09:35.240] Right, which is why we've been trying to get this indispensable third party, as Fannie [09:35.240 --> 09:40.200] Mae, who's making ownership claims, and the bank is telling us they're the lender, and [09:40.200 --> 09:45.640] this bank is just the servicer for the lender, while we're trying to get the indispensable [09:45.640 --> 09:53.240] party subject matter jurisdiction because no third party was involved. [09:53.240 --> 10:00.600] But yet, Wells Fargo is saying that they hold the note, but who is they? [10:00.600 --> 10:01.600] We've never... [10:01.600 --> 10:02.600] Hang on. [10:02.600 --> 10:03.600] Wait a minute. [10:03.600 --> 10:04.600] I'm sorry. [10:04.600 --> 10:05.600] I'm misreading my clock. [10:05.600 --> 10:08.600] I thought we just got back to go to break. [10:08.600 --> 10:09.600] I'm sorry. [10:09.600 --> 10:10.600] Go ahead. [10:10.600 --> 10:11.600] I'm confused. [10:11.600 --> 10:12.600] Okay. [10:12.600 --> 10:15.880] Who actually was the lender? [10:15.880 --> 10:16.880] I'm getting confused. [10:16.880 --> 10:17.880] Okay. [10:17.880 --> 10:27.800] Wachovia was the originator, and Wachovia never was taken off the record because it was more [10:27.800 --> 10:31.480] than likely privately securitized by Fannie Mae. [10:31.480 --> 10:32.960] So it is a... [10:32.960 --> 10:37.360] Did you ever get a letter from Fannie Mae stating that they were taking over the note or had [10:37.360 --> 10:38.920] any part of the note? [10:38.920 --> 10:42.920] No, never got a letter from anyone claiming to be another lender. [10:42.920 --> 10:43.920] Okay. [10:43.920 --> 10:47.800] Well, if they're stating that Fannie Mae has a part of it, then they need to show proof. [10:47.800 --> 10:53.000] Have you seen proof from Fannie Mae saying that they were a part of the lending? [10:53.000 --> 10:57.840] The only proof we've seen is a mention on the credit report where Fannie Mae is making [10:57.840 --> 11:05.920] a claim that the account is closed and discharged under Chapter 7, but Wells Fargo also makes [11:05.920 --> 11:06.920] that claim. [11:06.920 --> 11:11.520] So how do both of them make a claim on the credit report when the only one person can [11:11.520 --> 11:12.520] do that? [11:12.520 --> 11:16.960] Well, I would think what you need to do is you need to ask them to go ahead and show [11:16.960 --> 11:18.960] proof. [11:18.960 --> 11:24.720] I need to have documents showing proof that you had any part of the lending process because [11:24.720 --> 11:30.200] I have no letter stating that, so that should not be even relevant in the court. [11:30.200 --> 11:31.280] Right. [11:31.280 --> 11:36.280] And that's what we're trying to do by including the subject matter jurisdiction by not entering [11:36.280 --> 11:42.360] an indispensable third party because otherwise we can't raise the issue with Fannie Mae because [11:42.360 --> 11:43.560] they're not in this suit. [11:43.560 --> 11:44.560] It's Wells Fargo. [11:44.560 --> 11:47.080] It's not Wells Fargo. [11:47.080 --> 11:50.080] It's actually Wachovia. [11:50.080 --> 11:53.360] Wachovia doesn't exist anymore. [11:53.360 --> 12:01.600] So that's why I was going to the public record because you can't make a claim unless you [12:01.600 --> 12:03.900] file it in the record. [12:03.900 --> 12:09.440] So anyone who tries to stand up and wave a claim at the court, that should get an objection [12:09.440 --> 12:15.320] because they haven't filed a claim in the record so that whatever claim they may have, [12:15.320 --> 12:17.200] this judge can't see it. [12:17.200 --> 12:18.200] Right. [12:18.200 --> 12:23.200] Well, the claim is being made by Wells Fargo saying that MERS assigned them the loan as [12:23.200 --> 12:29.080] nominee for Wachovia five years after Wachovia closed. [12:29.080 --> 12:30.080] The dead guy. [12:30.080 --> 12:34.760] He did get a letter stating that they were taking over the loan. [12:34.760 --> 12:36.160] And we never got it. [12:36.160 --> 12:41.360] We got a servicer change letter, which is interesting because if Wachovia is our lender, [12:41.360 --> 12:47.080] why would someone sell the servicing rights to another bank when you make money on servicing? [12:47.080 --> 12:58.840] You would be like giving up thousands of dollars a year for what purpose? [12:58.840 --> 13:04.120] It sounds like all of this is peripheral to the primary issue. [13:04.120 --> 13:05.120] Right. [13:05.120 --> 13:08.600] They don't have an assignment of the correct mortgage. [13:08.600 --> 13:09.600] Right. [13:09.600 --> 13:14.600] And well, even that's not really the right issue. [13:14.600 --> 13:22.560] They don't have a proper assignment filed in the public record. [13:22.560 --> 13:26.640] Always we need to go back to the public record because if it's not in the record, then you [13:26.640 --> 13:27.640] go to the court. [13:27.640 --> 13:35.040] The court can't see it, otherwise there's no point in having the public record. [13:35.040 --> 13:42.920] You know, in Texas, 13.001 property code says any claim against real property not properly [13:42.920 --> 13:47.360] acknowledged or proven and filed in the record is voided to the holder. [13:47.360 --> 13:53.080] So if you don't have it in the record, I don't care what you got. [13:53.080 --> 13:54.080] Well they have it in the record. [13:54.080 --> 14:01.080] I mean, Wauktovia, Wells Fargo has an assignment from MERS from Wauktovia in the public record. [14:01.080 --> 14:04.840] Have you filed a quiet title against that document? [14:04.840 --> 14:08.640] No, we have not filed a quiet title. [14:08.640 --> 14:15.680] We were looking at doing that long ago and our first attorney attempted it but didn't [14:15.680 --> 14:16.680] finish it. [14:16.680 --> 14:23.880] Okay, you might go back to quiet title on that document and ask for a file of plea and [14:23.880 --> 14:26.920] abatement for this issue. [14:26.920 --> 14:34.520] Go back to that document and get the court to give you a definitive determination as [14:34.520 --> 14:40.240] to whether or not MERS can be an agent for a dead guy. [14:40.240 --> 14:41.560] Right. [14:41.560 --> 14:46.760] In New York, Judge Shrek in New York called them vampire lenders. [14:46.760 --> 14:47.760] Right. [14:47.760 --> 14:52.080] They rise up from the grave and hire MERS as an agent. [14:52.080 --> 14:55.640] Now how does that work? [14:55.640 --> 15:02.240] That's an easier claim to make, well actually yours is pretty easy, but that's a straightforward [15:02.240 --> 15:06.840] claim to make and around the country we're getting pretty good traction on that. [15:06.840 --> 15:13.560] Okay, right and that was the other issue that we mentioned earlier about using our homeowners [15:13.560 --> 15:20.280] because we have several mortgages assigned on our homeowners policy as having been mortgaged [15:20.280 --> 15:28.200] throughout this loan and we haven't had anybody come forward and say well why aren't they [15:28.200 --> 15:33.400] assigned in the public record and how did you get this if these people were assigned [15:33.400 --> 15:34.400] the mortgage? [15:34.400 --> 15:43.800] Yes and when a document is filed in the public record it is presumed to be regular until [15:43.800 --> 15:50.120] it's challenged and once you challenge it now whoever made the claims in the filing [15:50.120 --> 15:55.200] has to come and prove them up and now you have this prima facie evidence to indicate [15:55.200 --> 16:00.400] that there's all kinds of assignments in here that were never registered anywhere and there's [16:00.400 --> 16:01.880] no way they'll be able to prove it up. [16:01.880 --> 16:07.880] This should be a lot easier for a judge to wrap his head around, you're only going to [16:07.880 --> 16:14.720] the statutory requirements for filing a proper document in the record, you don't care about [16:14.720 --> 16:23.440] who owes who what, who's the servicer, where it was securitized, was this properly filed [16:23.440 --> 16:28.640] according to the standing rules and that's all the judge has to look at. [16:28.640 --> 16:32.800] You get that ruling and everything else becomes a res judicata. [16:32.800 --> 16:39.080] Right, that's what I was thinking about the fact that if we just claim that the mortgage [16:39.080 --> 16:41.520] assignment they're suing us on is no good. [16:41.520 --> 16:46.760] Okay wait a minute, hold on we're about to go to Rick, Randy Kelton, vet pack, we'll [16:46.760 --> 17:01.560] remove our radio, I'll call it at number 512-646-1984, we'll be right back. [17:01.560 --> 17:05.800] Did you know that the Logos Radio Network is a truly listener supported radio network [17:05.800 --> 17:10.360] on top of the on air talents, producers and other hard working individuals working behind [17:10.360 --> 17:11.360] the scenes. 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[19:39.320 --> 19:53.120] Okay Chris, it sounds like your issue on default judgment on they filed the wrong morgue seems [19:53.120 --> 19:58.520] absolutely clear and I'm surprised that there's been this much argument about it. [19:58.520 --> 20:09.720] I'm surprised that the plaintiff hasn't non-suited this and refiled under the proper document. [20:09.720 --> 20:14.240] Do you have any reason why they did that, why they didn't do that? [20:14.240 --> 20:24.640] Well, honestly I have a feeling that our attorney has been tainted by the bank payroll because [20:24.640 --> 20:31.560] we've heard, we're hearing nothing about anything but case law that doesn't rule in our favor. [20:31.560 --> 20:35.800] Never finding anything or not following civil procedure. [20:35.800 --> 20:40.220] Civil procedure should be cut and dry, it's not open for interpretation. [20:40.220 --> 20:46.760] If you're bringing, if you're saying that the owner of this mortgage or note or whatever [20:46.760 --> 20:51.880] you're saying the owner is, who's the lender and you're the servicer, then there has definitely [20:51.880 --> 20:57.000] been an indispensable third party brought into this. [20:57.000 --> 21:02.720] Civil procedure makes it very clear that that person either brought into the case or it's [21:02.720 --> 21:03.720] dismissed. [21:03.720 --> 21:09.720] Yes and Leslie just had one, a three year, was a three or five year case thrown out for [21:09.720 --> 21:10.720] precisely that reason. [21:10.720 --> 21:16.160] For three reasons and that's Pennsylvania law now, so that's Pennsylvania case law. [21:16.160 --> 21:23.120] Are you saying your lawyer is not adequately addressing the issue? [21:23.120 --> 21:29.280] I am saying that, I'm saying she's telling us that these don't apply when they obviously [21:29.280 --> 21:34.120] do apply. [21:34.120 --> 21:38.120] Did she give reason why they didn't apply? [21:38.120 --> 21:44.280] No, not really, just telling us they don't apply and when I gave her Leslie's case law [21:44.280 --> 21:53.960] on this, which is the county next to us, she just says it doesn't apply because Fannie [21:53.960 --> 21:57.560] Mae isn't really listed here. [21:57.560 --> 22:06.760] If Fannie Mae is not in the public record, how does Fannie Mae get into this at all? [22:06.760 --> 22:10.120] How can they even talk about Fannie Mae? [22:10.120 --> 22:12.200] Well that's what I can't understand. [22:12.200 --> 22:18.080] The bank, every correspondence we have with the bank, in the QWR response, they said to [22:18.080 --> 22:23.560] us they have no idea what happened or how this mortgage was originated based on the [22:23.560 --> 22:30.600] fact that they only took possession or Fannie Mae took possession in 2009 and in every letter [22:30.600 --> 22:36.160] we get from them, it's a constant we're the servicer for the lender Fannie Mae. [22:36.160 --> 22:43.760] So in every- So you have inconsistent statements. [22:43.760 --> 22:47.120] Very inconsistent statements because the bank's telling the court they're holding the note [22:47.120 --> 22:49.720] and the mortgage. [22:49.720 --> 22:51.360] We haven't seen how they got the note. [22:51.360 --> 22:56.160] They have an endorsed note in blank and it's not mentioned on the mortgage the note was [22:56.160 --> 22:59.080] assigned. [22:59.080 --> 23:04.840] It just makes mention that the mortgage, which secures a debt of this, has been assigned, [23:04.840 --> 23:10.760] which is not saying that the debt was assigned, it's just saying that the mortgage holds that [23:10.760 --> 23:16.560] debt, it doesn't say anything about the note being assigned with that. [23:16.560 --> 23:23.320] If you're concerned that your lawyer might have been compromised, have you considered [23:23.320 --> 23:27.360] having another lawyer audit the case for you? [23:27.360 --> 23:34.200] We have and based on her responses tomorrow when she told me she'd get back to me, I'm [23:34.200 --> 23:41.120] seriously going to look into that because I have another attorney who is at bay. [23:41.120 --> 23:49.360] Well, wonderful because if you have another attorney that's taking a different position [23:49.360 --> 23:56.200] on the case, that will open your current attorney up for a malpractice suit. [23:56.200 --> 23:58.040] Right. [23:58.040 --> 24:03.840] If you lose the case, then generally you can't sue your attorney for losing the case. [24:03.840 --> 24:10.120] But if you have another lawyer showing how this lawyer should have taken a different [24:10.120 --> 24:16.280] route and knew that at the time, now you have a good claim for malpractice. [24:16.280 --> 24:18.320] Right. [24:18.320 --> 24:23.840] Okay, we do need to move along. [24:23.840 --> 24:24.840] Hang in there. [24:24.840 --> 24:28.360] I'm looking forward to you winning this whole thing. [24:28.360 --> 24:29.360] I'm hoping so. [24:29.360 --> 24:31.400] We'll find out Thursday what happened. [24:31.400 --> 24:32.400] Okay. [24:32.400 --> 24:37.160] We have a John on the line that's been waiting for quite some time. [24:37.160 --> 24:38.160] Yes. [24:38.160 --> 24:40.160] Do you want to get him on the air? [24:40.160 --> 24:41.160] Yes. [24:41.160 --> 24:44.520] Before I go to John, I was going to go to Eddie Craig. [24:44.520 --> 24:45.520] He had a comment. [24:45.520 --> 24:48.360] He's kind of hanging back there in the background. [24:48.360 --> 24:54.200] I think he's hanging from one of the rafters like an oversized bat. [24:54.200 --> 24:58.800] You there, Eddie? [24:58.800 --> 25:02.760] And John, we'll get to you in just a little bit, and thank you for holding on. [25:02.760 --> 25:05.560] You've been holding quite a while. [25:05.560 --> 25:06.780] Okay. [25:06.780 --> 25:13.200] You wanted to chime in on the traffic issue we were talking about earlier. [25:13.200 --> 25:21.680] Oh, okay. [25:21.680 --> 25:28.960] We had Scott on, and Scott was in court, and the court ruled against him, and the court [25:28.960 --> 25:37.760] was upset at him, and when he left, they had the police follow him and pull him over for [25:37.760 --> 25:48.560] driving on an invalid license, but he was in court on the belief for invalid license, [25:48.560 --> 25:55.080] and he argued the right to travel issue, and got them all upset at him, and when he left, [25:55.080 --> 26:13.280] the judge sent the officer out to see if he was driving on an invalid license, and yes. [26:13.280 --> 26:15.600] He brought that before the court, and the court was unhappy. [26:15.600 --> 26:19.920] He challenged subject matter jurisdiction to the court, and the court was unhappy with [26:19.920 --> 26:20.920] him. [26:20.920 --> 26:25.600] They ruled against him on everything, and he lost the case. [26:25.600 --> 26:26.600] That's what they do. [26:26.600 --> 26:30.360] I mean, we expect that, but then when he left, they followed him and pulled him over and [26:30.360 --> 26:38.920] arrested him, but the thing I was trying to extract is he went to court on the issue in [26:38.920 --> 26:43.320] the county court and had the case dismissed. [26:43.320 --> 26:54.160] I thought the invalid license issue had been resolved, but on the air today, we couldn't [26:54.160 --> 26:56.400] get to that resolution. [26:56.400 --> 27:12.760] It seemed like they dismissed for a procedural problem rather than... Exactly, and that's [27:12.760 --> 27:14.400] exactly what I'd expect them to do. [27:14.400 --> 27:42.840] They wanted to get rid of it, and... [29:44.400 --> 30:05.920] Did you know the majority of businesses in the U.S. are family-owned? [30:05.920 --> 30:10.320] We're not just talking mom and pop stores, but companies at the very top of the corporate [30:10.320 --> 30:11.320] ladder. [30:11.320 --> 30:16.200] I'm Dr. Catherine Albrecht, back with the top family businesses, next. [30:16.200 --> 30:17.920] Privacy is under attack. [30:17.920 --> 30:22.320] When you give up data about yourself, you'll never get it back again, and once your privacy [30:22.320 --> 30:27.000] is gone, you'll find your freedoms will start to vanish, too. [30:27.000 --> 30:28.000] Protect your rights. [30:28.000 --> 30:31.680] Say no to surveillance, and keep your information to yourself. [30:31.680 --> 30:34.280] Privacy, it's worth hanging on to. [30:34.280 --> 30:39.880] This message is brought to you by StartPage.com, the private search engine alternative to Google, [30:39.880 --> 30:41.640] Yahoo, and Bing. [30:41.640 --> 30:45.280] Start over with StartPage. [30:45.280 --> 30:48.640] When it comes to business, blood and money really do mix. [30:48.640 --> 30:52.200] A whopping eight out of 10 American businesses are family-owned. [30:52.200 --> 30:56.920] They contribute nearly 60% of the nation's economy and employ nearly two-thirds of the [30:56.920 --> 30:57.920] U.S. workforce. [30:57.920 --> 31:03.360] Many of the firms in the S&P 500 are family-controlled, and they're doing great. [31:03.360 --> 31:07.760] They're more stable, and they inspire more commitment and trust in their employees. [31:07.760 --> 31:11.520] The biggest family-owned business is, surprise, Wal-Mart. [31:11.520 --> 31:17.760] Next comes Ford, Cargill, Coke Industries, Carlson Companies, Comcast, and News Corp. [31:17.760 --> 31:21.440] Rounding out the top 10 is the sweetest of them all, Mars. [31:21.440 --> 31:22.440] M&Ms, anyone? [31:22.440 --> 31:31.280] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine. [31:31.280 --> 31:35.680] Did you know there are three million edible food plants on earth, and none have the nutritional [31:35.680 --> 31:38.080] value of the hemp plant? [31:38.080 --> 31:40.200] HempUSA.org offers you hemp protein powder. [31:40.200 --> 31:45.800] It does not contain chemicals or THC, is non-GMO, and is 100% gluten-free. [31:45.800 --> 31:50.960] Hemp protein powder burns fat, builds muscle, contains 53% protein, and feeds the body the [31:50.960 --> 31:52.440] nutrients it needs. [31:52.440 --> 32:02.880] Call 888-910-4367 and see what our powder, seeds, and oil can do for you, only at HempUSA.org. [32:02.880 --> 32:05.800] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [32:05.800 --> 32:09.480] In today's America, we live in an us-against-them society, and if we, the people, are ever going [32:09.480 --> 32:13.480] to have a free society, then we're going to have to stand and defend our own rights. [32:13.480 --> 32:16.640] Among those rights are the right to travel freely from place to place, the right to act [32:16.640 --> 32:20.360] in our own private capacity, and most importantly, the right to due process of law. [32:20.360 --> 32:24.520] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [32:24.520 --> 32:25.960] our rights through due process. [32:25.960 --> 32:29.880] Former Sheriff's Deputy, Eddie Craig, in conjunction with Rule of Law Radio has put together the [32:29.880 --> 32:33.680] most comprehensive teaching tool available that will help you understand what due process [32:33.680 --> 32:35.720] is and how to hold courts to the rule of law. [32:35.720 --> 32:40.080] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [32:40.080 --> 32:41.400] ordering your copy today. [32:41.400 --> 32:44.760] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [32:44.760 --> 32:49.160] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [32:49.160 --> 32:51.480] documents, and other useful resource material. [32:51.480 --> 32:55.440] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:55.440 --> 32:59.480] Order your copy today, and together we can have the free society we all want and deserve. [32:59.480 --> 33:00.480] Live, free speech radio, logosradionetwork.com. [33:29.480 --> 33:53.480] I won't, oh I won't, I won't let you pull the wool over my eyes, they must refuse your [33:53.480 --> 34:05.680] nose, also I'm in lie, it seems you like the fact, but please take some words to the wise, [34:05.680 --> 34:07.920] stop trying to pull the wool over my eyes. [34:07.920 --> 34:15.240] Okay, we are back, we're in Hilton, back, and we've got Eddie Craig on, apparently we [34:15.240 --> 34:20.800] had a little malfunction last time, you couldn't hear Eddie, so he probably sounded more articulate [34:20.800 --> 34:21.800] than usual. [34:21.800 --> 34:22.800] Probably. [34:22.800 --> 34:28.520] We're going to go back to Eddie and his motion that I definitely want a copy of. [34:28.520 --> 34:30.080] Okay, go ahead Eddie. [34:30.080 --> 34:36.200] Okay, as I was saying, I've developed a constitutional challenge motion that challenges the validity [34:36.200 --> 34:41.840] of the entire transportation code as being unconstitutionally enacted in 1995 by the [34:41.840 --> 34:43.840] Texas legislature. [34:43.840 --> 34:52.040] Now this motion has three specific categories of arguments as to why the code is unconstitutional. [34:52.040 --> 34:57.720] The first category is that it was unconstitutionally enacted in violation of three separate provisions [34:57.720 --> 35:03.640] of Article 3 of the Texas constitution, and there is no way to argue that it was anything [35:03.640 --> 35:06.800] other than intentional by the legislature. [35:06.800 --> 35:11.840] If you look at the facts of how it was enacted, there's no way to say that it was not knowingly [35:11.840 --> 35:13.920] done that way. [35:13.920 --> 35:19.640] The second is that it's being unconstitutionally interpreted by the courts, and the third [35:19.640 --> 35:27.560] set of arguments is that it's being unconstitutionally applied by the courts and law enforcement. [35:27.560 --> 35:35.360] Now we've only had one attorney attempt a written rebuttal of the arguments in the motion, [35:35.360 --> 35:46.000] and her rebuttal is so incompetent and inept that I almost cried laughing at her arguments [35:46.000 --> 35:51.440] because she would make one argument citing this and this that says I'm wrong for what [35:51.440 --> 35:56.760] I wrote down in the challenge, and then make an argument using the same constitutional [35:56.760 --> 36:01.760] language that I used that shoots her argument right between the eyes. [36:01.760 --> 36:08.480] I mean it is the most self-defeating rebuttal I have ever seen, and everything she does [36:08.480 --> 36:11.600] she contradicts the moment she makes the argument. [36:11.600 --> 36:16.720] For instance, she has one section in there where she argued case law that says that every [36:16.720 --> 36:22.760] word in a statute or the constitution must be given some force and effect, and then she [36:22.760 --> 36:30.120] makes the argument based upon that that Section 32 creates an ability to suspend certain procedural [36:30.120 --> 36:37.560] rules for enacting laws completely separate and apart from Section 62 of Article 3. [36:37.560 --> 36:44.720] The problem there is is that her argument thereby completely nullifies any force and [36:44.720 --> 36:52.680] effect of the entirety of Section 62, thus defeating her first argument of everything [36:52.680 --> 36:57.560] has to have force and effect by saying that Section 62 shouldn't be given any. [36:57.560 --> 37:02.940] I mean it's completely ludicrous how this woman argued this, and it shouldn't be surprising [37:02.940 --> 37:07.720] she's an attorney in Williamson County. [37:07.720 --> 37:11.400] Okay, that fits. [37:11.400 --> 37:14.120] So was he a municipal court attorney? [37:14.120 --> 37:22.360] Yes, it's a municipal court attorney, and in my class immediately following this motion [37:22.360 --> 37:27.840] being given to me by the person it was sent to in his case, I immediately did a class [37:27.840 --> 37:29.440] on it that following Sunday. [37:29.440 --> 37:34.680] I'm trying to get the video edited down to a proper size for uploading to YouTube. [37:34.680 --> 37:39.280] I'm going to load that class video online for everybody to learn from about the kind [37:39.280 --> 37:41.480] of crap these attorneys pull. [37:41.480 --> 37:45.480] Now folks, I'm going to warn you upfront if you watch that video. [37:45.480 --> 37:50.160] I don't hold back anything, including language. [37:50.160 --> 37:58.600] This woman made me so mad that she was this inept, I just went off on her, and I'm going [37:58.600 --> 38:06.480] to make a point of once this video is posted of sending her entire office a link to it. [38:06.480 --> 38:14.680] I want them to know just how incompetent their attorneys are in that municipal court. [38:14.680 --> 38:23.120] One thing you have to keep in mind, if an attorney is working for a municipal court, [38:23.120 --> 38:27.880] there's a good chance they're not the sharpest knife in the drawer. [38:27.880 --> 38:32.280] It wouldn't matter even if she was a private attorney hired on contract basis. [38:32.280 --> 38:34.960] This was stupid. [38:34.960 --> 38:40.280] They tend to draw the lawyers who don't make the big bucks. [38:40.280 --> 38:47.440] It's been my experience that these municipal court attorneys, they're not the best attorneys [38:47.440 --> 38:49.960] that they'd be out making the real money. [38:49.960 --> 38:54.440] The other thing, folks, is I've also developed a script for use when you get pulled over [38:54.440 --> 38:58.680] in these cases, and you have to understand some things about the script. [38:58.680 --> 39:06.640] The script tells you how to protect your individual rights from encroachment by the officer. [39:06.640 --> 39:08.320] You have rights. [39:08.320 --> 39:14.760] The problem is you have to be brave and fearless enough to be willing to exercise them, because [39:14.760 --> 39:18.240] when you don't, you waive them. [39:18.240 --> 39:23.480] That's what they're counting on, is that you let your fear of repercussions and the things [39:23.480 --> 39:29.080] they're threatening you with outweigh your common sense to protect yourself. [39:29.080 --> 39:31.240] That is what they count on. [39:31.240 --> 39:38.440] The script, everything it tells you to do is based 100% on United States Supreme Court [39:38.440 --> 39:43.040] case law opinions, everything it tells you to do. [39:43.040 --> 39:49.180] Now in there, you're specifically instructed not to attempt to educate the cop on the side [39:49.180 --> 39:50.180] of the road. [39:50.180 --> 39:51.880] Too many people do that. [39:51.880 --> 39:53.600] They argue with the cop. [39:53.600 --> 40:00.400] They try to argue the facts of why the stop isn't valid or what the allegation is. [40:00.400 --> 40:03.800] Please stop talking. [40:03.800 --> 40:08.560] The more you talk, the worse you make things for yourself. [40:08.560 --> 40:12.960] The more you say that they can use against you later. [40:12.960 --> 40:19.240] Let me give you an example of what I did the last time I was arrested. [40:19.240 --> 40:24.480] They took me to jail and they took me to the jailer and I told the jailer, he said, what's [40:24.480 --> 40:25.480] your name? [40:25.480 --> 40:30.360] I said, take me directly to the nearest magistrate. [40:30.360 --> 40:33.760] He said, I can't take you anywhere. [40:33.760 --> 40:34.760] This is my job. [40:34.760 --> 40:35.760] This is what I got to do. [40:35.760 --> 40:36.760] I said, that's okay. [40:36.760 --> 40:39.920] I had to ask, you had to refuse. [40:39.920 --> 40:42.080] We're okay. [40:42.080 --> 40:45.400] You're just setting the record. [40:45.400 --> 40:53.000] One thing we don't do is give legal advice to the police in Texas, Bushwhack is perfectly [40:53.000 --> 40:54.000] acceptable. [40:54.000 --> 40:55.000] Yeah. [40:55.000 --> 40:57.000] It's pretty much how they conduct trials. [40:57.000 --> 40:58.000] Yeah. [40:58.000 --> 40:59.000] Yeah, exactly. [40:59.000 --> 41:01.000] They do it to you. [41:01.000 --> 41:05.040] When I go in and mess with these guys, I don't give them legal advice. [41:05.040 --> 41:11.800] I invoke their duty and then when they don't do their duty, check, got that one, check, [41:11.800 --> 41:12.800] got that one. [41:12.800 --> 41:17.200] I don't tell them that, oh, you got to do this. [41:17.200 --> 41:19.160] You got to do that. [41:19.160 --> 41:21.600] I tell them what I want them to do. [41:21.600 --> 41:23.200] Take me directly to the nearest magistrate. [41:23.200 --> 41:25.400] We're not going to take you anywhere. [41:25.400 --> 41:26.400] Oh, okay. [41:26.400 --> 41:27.400] Yeah. [41:27.400 --> 41:33.760] This goes to a quote by Napoleon Bonaparte who said, never interrupt your enemy while [41:33.760 --> 41:36.700] he's busy making mistakes. [41:36.700 --> 41:41.520] That is what you need to understand about what you tell these people you want them to [41:41.520 --> 41:44.320] do and then when they refuse to do it. [41:44.320 --> 41:45.320] Don't lose your cool. [41:45.320 --> 41:46.320] Don't get upset. [41:46.320 --> 41:54.760] We know they're not going to do it, but what they have done is established a factual point [41:54.760 --> 42:02.720] of review in the case to show that they knowingly and intentionally acted to either not perform [42:02.720 --> 42:09.160] the duty the law required them to perform and thus harmed you in the process and gave [42:09.160 --> 42:12.840] you a cause of action by doing so. [42:12.840 --> 42:20.520] So as the saying goes, do not interrupt your enemy while he's busy making mistakes. [42:20.520 --> 42:26.560] Never ask a public official to do anything you actually want him to do. [42:26.560 --> 42:30.440] Because you never ask a public official to do anything, the law does not require him [42:30.440 --> 42:35.920] to do and then when he doesn't, you get to snacking good, but not there. [42:35.920 --> 42:41.080] You go somewhere else because this is the trick is bushwhack is a lot more effective [42:41.080 --> 42:42.840] when you bushwhack them. [42:42.840 --> 42:47.120] You ask him to do what he's supposed to do and when he doesn't, you go to the next step [42:47.120 --> 42:52.200] and ask that person to arrest this person for not doing what he was supposed to do. [42:52.200 --> 42:57.080] Makes it a lot more fun when you're out there on the road and the cops getting all huffy [42:57.080 --> 43:01.880] puffy and trying to start a fight with you. [43:01.880 --> 43:06.240] And when he can't get you upset, it makes him nuts. [43:06.240 --> 43:07.240] Yeah. [43:07.240 --> 43:14.280] Now, the script that I'm speaking of can be downloaded from the Logos Radio website. [43:14.280 --> 43:22.240] It's logosradionetwork.com forward slash Tango Alpha Omega, T-A-O. [43:22.240 --> 43:28.360] Just use the T-A-O, logosradionetwork.com forward slash T-A-O. [43:28.360 --> 43:36.200] There is the transportation practice script and then there is the courtroom practice script. [43:36.200 --> 43:41.880] So they give you some idea of what you should be saying and doing in either of those situations, [43:41.880 --> 43:46.880] but read the transportation practice script carefully and try to commit it to memory so [43:46.880 --> 43:49.400] you understand what to say and when to say it. [43:49.400 --> 43:50.720] All right, folks. [43:50.720 --> 43:55.040] This is Rule of Law Radio with Randy Kelton and tonight for a little while at least Eddie [43:55.040 --> 43:58.680] Craig will be right back after this break. [43:58.680 --> 44:07.960] Hello, my name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by our [44:07.960 --> 44:13.320] store at 1904 Guadalupe Street, Sweet D here in Austin, Texas, buying brave new books and [44:13.320 --> 44:18.040] chase pain to see all our fantastic health and wellness products with your very own eyes. [44:18.040 --> 44:22.440] Have a look at our Miracle Healing Clay that started our adventure in alternative medicine. [44:22.440 --> 44:26.440] Take a peek at some of our other wonderful products including our Australian Emu oil, [44:26.440 --> 44:30.160] lotion candles, olive oil, soaps, and colloidal silver and gold. [44:30.160 --> 44:43.000] Call 512-264-4043 or find us online at naturespureorganics.com, that's 512-264-4043, naturespureorganics.com. [44:43.000 --> 45:01.040] Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com. [45:01.040 --> 45:04.240] Are you the plaintiff or defendant in a lawsuit? [45:04.240 --> 45:09.480] Win your case without an attorney with Juris Dictionary, the affordable, easy to understand [45:09.480 --> 45:14.160] 4-CD course that will show you how in 24 hours, step-by-step. [45:14.160 --> 45:18.720] If you have a lawyer, know what your lawyer should be doing. [45:18.720 --> 45:23.000] If you don't have a lawyer, know what you should do for yourself. [45:23.000 --> 45:27.840] Thousands have won with our step-by-step course and now you can too. [45:27.840 --> 45:34.640] Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience. [45:34.640 --> 45:39.280] Even if you're not in a lawsuit, you can learn what everyone should understand about the [45:39.280 --> 45:43.440] principles and practices that control our American courts. [45:43.440 --> 45:49.640] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:49.640 --> 45:51.880] pro se tactics and much more. [45:51.880 --> 45:59.680] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [45:59.680 --> 46:26.920] Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, always I must be careful [46:26.920 --> 46:35.600] what I'm wishing for, when I'm hungry, I like to know just what I'm fishing for, I [46:35.600 --> 46:43.600] ain't asking for much, I ain't trying to be no glutton, I'm just here making my living [46:43.600 --> 46:49.760] pushing buttons, I get my message out to anyone who wants to challenge me. [46:49.760 --> 46:50.760] Okay. [46:50.760 --> 46:51.760] We are back. [46:51.760 --> 46:58.200] That packed rule of law video, the vent had to drop off, but she'll be back next week [46:58.200 --> 47:03.920] and we're talking with, we're going to go back to Eddie in a little bit because I want [47:03.920 --> 47:07.400] to go through that some more, but John's been waiting so long, I don't want to hold him [47:07.400 --> 47:08.400] up anymore. [47:08.400 --> 47:13.960] Hello John and thank you for your patience. [47:13.960 --> 47:14.960] Can you hear me? [47:14.960 --> 47:15.960] Yes, I can. [47:15.960 --> 47:16.960] Okay. [47:16.960 --> 47:17.960] I'm on the speaker. [47:17.960 --> 47:22.160] On the speaker is it clear, I know they told me not to talk on the speaker, but can you [47:22.160 --> 47:23.160] hear me clearly? [47:23.160 --> 47:25.000] Yes, you sound pretty good. [47:25.000 --> 47:29.240] Generally when somebody's on a speaker, they sound like they have their head in the toilet, [47:29.240 --> 47:33.960] but you don't have that echo reverb in it, so it sounds pretty good. [47:33.960 --> 47:34.960] Where have you been? [47:34.960 --> 47:37.080] It's been a while since you've called us. [47:37.080 --> 47:46.200] Well, to be honest with you, I was foreclosed on and on the 20th, I was foreclosed on December [47:46.200 --> 47:58.720] the 2nd, 2014, but moving ahead, there's an attorney firm filed a forcible retainer in [47:58.720 --> 48:06.640] the court number four in Fort Worth and I won it, Mrs. Wright, you know her. [48:06.640 --> 48:10.120] Oh, yes, I know Judge Wright. [48:10.120 --> 48:17.520] Anyway, they appealed it and took it to the second, let's see, the county court number [48:17.520 --> 48:18.520] one. [48:18.520 --> 48:22.640] So we drifted along there and about three weeks later, I found out that they appealed [48:22.640 --> 48:23.640] it. [48:23.640 --> 48:24.640] But anyway, they- [48:24.640 --> 48:29.080] Wait a minute, did they not give you notice that they appealed it? [48:29.080 --> 48:35.480] Yes, they did give me a notice later, but they filed a summary judgment. [48:35.480 --> 48:42.160] I mean a motion for summary judgment and I knew when they filed it, I was going to lose. [48:42.160 --> 48:43.160] I filed- [48:43.160 --> 48:44.160] Wait a minute, hold on. [48:44.160 --> 48:45.160] Hold on. [48:45.160 --> 48:47.160] I'm confused. [48:47.160 --> 48:53.480] They filed an appeal and they filed a summary judgment with the appellate court? [48:53.480 --> 48:54.480] No. [48:54.480 --> 48:58.680] Let me back up a little bit. [48:58.680 --> 49:02.240] In the JP court, I won it. [49:02.240 --> 49:05.080] Now this is a tax issue. [49:05.080 --> 49:06.080] It was a remake. [49:06.080 --> 49:11.960] You know, it's supposed to have been transferred into the United States Securities Exchange [49:11.960 --> 49:16.280] Commission, but it was never transferred. [49:16.280 --> 49:28.000] The deed of trust and the survey, the insurance policy and everything was never transferred [49:28.000 --> 49:33.200] into that and I won it in JP court. [49:33.200 --> 49:42.320] Well, the attorney firm on the other side filed for an appeal in the county court of [49:42.320 --> 49:45.520] number one. [49:45.520 --> 49:54.360] So about a month went by and nothing had happened and then they filed for a motion for summary [49:54.360 --> 49:57.360] judgment. [49:57.360 --> 50:03.640] When they filed that motion for summary judgment, I knew I was going to lose. [50:03.640 --> 50:07.640] Why did you know you were going to lose? [50:07.640 --> 50:31.960] Because they owe $4,350,000 in taxes plus another $1,063,200, which adds up to $5,513,200. [50:31.960 --> 50:36.200] I made 84 payments, it's $50,000. [50:36.200 --> 50:43.160] Okay, wait a minute, wait a minute, wait a minute, I'd lost referential index. [50:43.160 --> 50:53.120] They meaning the lender owes $5,000,000 in taxes and then you made payments. [50:53.120 --> 50:54.640] How does that connect together? [50:54.640 --> 50:57.600] Well, let me back up a little bit. [50:57.600 --> 51:08.560] The $5,000,000 that is owed by the lender, what does that have to do with your mortgage? [51:08.560 --> 51:14.960] When I made the loan was February the 18th, 2005. [51:14.960 --> 51:25.000] February the 18th, 2005, the loan was in default because it was never transferred into the [51:25.000 --> 51:29.040] remit the same day the loan was made. [51:29.040 --> 51:38.400] Okay, wait a minute, how did that put, okay, saying the loan is in default, when you say [51:38.400 --> 51:45.880] it's in default, that doesn't mean that you're in default, are you saying that the lender [51:45.880 --> 51:49.600] is in default of the deed of trust? [51:49.600 --> 51:56.680] Because the taxes were owed, the promissory note which really is an investment security, [51:56.680 --> 52:03.800] it is not a promissory note, it says promissory note, but it's an investment security that [52:03.800 --> 52:12.840] was never filed and it is also an un- Okay, wait a minute, I'm confused here. [52:12.840 --> 52:18.920] How did the note become a security? [52:18.920 --> 52:23.880] It was never secured because it was never filed into the remit. [52:23.880 --> 52:31.200] What does the remit, the remit doesn't have anything to do with you and the lender. [52:31.200 --> 52:36.600] Was the remit included in the sales contract between you and the lender? [52:36.600 --> 52:38.080] No, it was not. [52:38.080 --> 52:47.880] They made me a party to it, UCC2204- Wait, wait, wait, you can't use UCC here, this [52:47.880 --> 52:58.280] is real property, UCC specifically states it does not apply to real property, so unless [52:58.280 --> 53:05.960] we can separate... I have one guy that's supposed to be giving me some more documentation [53:05.960 --> 53:14.240] on this, where the deed of trust goes to real property, but the note doesn't, that's personal [53:14.240 --> 53:19.480] property, whoever holds the note holds it as personal property because they really don't [53:19.480 --> 53:22.360] have anything to do with real property. [53:22.360 --> 53:29.640] The security instrument puts up real property as collateral and the deed of trust goes to [53:29.640 --> 53:39.520] real property, but not the note, is that how you're establishing your claim in the UCC? [53:39.520 --> 53:49.600] I'm just saying that UCC2201, I did not agree to the being a remit going into the securities [53:49.600 --> 53:55.480] exchange commission and that's why they have- Okay, okay, hold on. [53:55.480 --> 54:08.800] What standing do you have to address how the lender deals with his income stream? [54:08.800 --> 54:21.960] I have in the remit, there's 11,140 contracts or mortgages that were supposed to be transferred [54:21.960 --> 54:31.040] into that, never any of them were ever transferred and they had a 90-day window to transfer that [54:31.040 --> 54:39.880] in there and in that 90-day window, it fails to be a remit, that means the deed of trust, [54:39.880 --> 54:51.360] the note and also the retail application is unsecured, this is all a tax issue, doesn't [54:51.360 --> 54:58.880] have anything to do with making payments- We've had this, you know, you're obviously [54:58.880 --> 55:10.120] very knowledgeable and I know I seem like I'm being pedantic, but in presenting this [55:10.120 --> 55:22.160] to us, you're jumping over pieces of information that I need to be able to stitch these issues [55:22.160 --> 55:23.160] together. [55:23.160 --> 55:36.080] Okay, let me send you some information, but I'll just go on. [55:36.080 --> 55:43.240] When they filed the motion, I knew I was going to lose, okay, they did some ramrodding on [55:43.240 --> 55:53.040] some dates because I was set and I paid for a jury fee, well, long story short, we had [55:53.040 --> 56:02.600] the motion was coming up the 23rd of December, two days before Christmas, I filed in there, [56:02.600 --> 56:11.760] there's no jurisdiction, there's an affidavit that the attorney signed, there was a perjury [56:11.760 --> 56:16.960] because he said in there that we were talking for a long time about trying to work out something [56:16.960 --> 56:25.440] on payments, I never talked to the attorney in my life until 10 minutes before that hearing, [56:25.440 --> 56:33.120] I lost on the hearing, that was the 30th, anyway, it was coming up, it had to be filed [56:33.120 --> 56:42.920] the 23rd, I'm sorry, I'm spake, but the hearing came up the 30th, in that I lost, okay, I [56:42.920 --> 56:53.080] appealed it to the second court of appeals in Fort Worth, well, on the 25th of January, [56:53.080 --> 57:04.840] 25 days after he ruled, a deputy, a policeman, plainclothes detective, and about 12 people [57:04.840 --> 57:13.320] came to my house and they took everything out of my house and put it on the curb, and [57:13.320 --> 57:20.800] they finished about 5.30, it was on a, I think it was on a Monday, if I'm not mistaken, anyway, [57:20.800 --> 57:31.800] about 85 to 125 people stole everything on that yard, everything, I got three pair underwear, [57:31.800 --> 57:39.640] I got one suit and two shirts and that's because it was in the cleaners in 19 stocks, and I [57:39.640 --> 57:49.720] did grab some papers and one book, the book was worth $857, but anyway, all my land surveying [57:49.720 --> 57:56.360] equipment was stolen, all my clothes, furniture, everything that was in the house, I spayed [57:56.360 --> 58:09.880] everything, it was stolen, okay, we're about to go to break, where are we going here, we [58:09.880 --> 58:17.600] got about 40 seconds, so I know where to come back to you on the other side, okay, the attorney [58:17.600 --> 58:31.400] will follow up, I paid for the property 4.15 times, and I filed an 8281 and also a 1099OID [58:31.400 --> 58:37.800] to show the money came from me, I paid a hundred and a little less, $135,000, okay, wait, wait, [58:37.800 --> 58:43.560] okay, hold on, we're about to go to break, this is Randy Kelton, Vette Stevens, Vette [58:43.560 --> 58:50.200] Pack, we'll have our radio, we'll be right back. [58:50.200 --> 58:54.340] Would you like to make more definite progress in your walk with God? [58:54.340 --> 58:59.520] Bibles for America is offering a free study Bible and a set of free Christian books that [58:59.520 --> 59:00.840] can really help. [59:00.840 --> 59:05.320] The New Testament recovery version is one of the most comprehensive study Bibles available [59:05.320 --> 59:06.320] today. [59:06.320 --> 59:10.200] It's an accurate translation and it contains thousands of footnotes that will help you [59:10.200 --> 59:13.320] to know God and to know the meaning of life. [59:13.320 --> 59:18.580] The free books are a three-volume set called Basic Elements of the Christian Life. [59:18.580 --> 59:22.840] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan [59:22.840 --> 59:27.760] of salvation, growing in Christ and how to build up the church. [59:27.760 --> 59:32.800] To order your free New Testament recovery version and Basic Elements of the Christian [59:32.800 --> 59:45.560] Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102 or visit [59:45.560 --> 59:48.200] us online at bfa.org. [59:48.200 --> 01:00:00.560] You're listening to the Logos Radio Network at logosradionetwork.com. [01:00:00.560 --> 01:00:05.400] You're following these flashes brought to you by the Lone Star Lowdown, providing the [01:00:05.400 --> 01:00:08.400] jelly bulletins for the commodities market. [01:00:08.400 --> 01:00:21.120] Today in history, news updates and the inside scoop into the tides of the alternative. [01:00:21.120 --> 01:00:26.280] Markets for Wednesday, the 20th of April, 2016 are currently treading with gold at $1,253.14 [01:00:26.280 --> 01:00:34.600] an ounce, silver, $17.14 an ounce, Texas crude, $41.08 a barrel, and Bitcoin is currently [01:00:34.600 --> 01:00:42.680] at about $440 U.S. currency. [01:00:42.680 --> 01:00:48.280] Today in history, the year 1999, the Columbine High School shootings take place in Colorado. [01:00:48.280 --> 01:00:51.000] 13 people were killed with 24 being injured. [01:00:51.000 --> 01:00:57.760] The Columbine shootings took place today in history. [01:00:57.760 --> 01:01:02.120] In recent news, Treasury Secretary Jack Lew is expected to announce later today that Harriet [01:01:02.120 --> 01:01:06.120] Tubman, the African-American abolitionist most famous for her role in helping slaves [01:01:06.120 --> 01:01:10.240] escape through the Underground Railroad, will soon be the new face on the $20 bill. [01:01:10.240 --> 01:01:14.960] With the U.S. founding father Alexander Hamilton remaining on the $10 paper note, the new $10 [01:01:14.960 --> 01:01:17.120] bill is set to be unveiled in 2020. [01:01:17.120 --> 01:01:27.120] The timing for the production of the new Harriet Tubman $20 bill, however, is yet to be announced. [01:01:27.120 --> 01:01:30.480] More than a dozen criminal charges have been filed today against three officials in Michigan [01:01:30.480 --> 01:01:35.000] as part of a months-long investigation into the lead contaminated water crisis in Flint. [01:01:35.000 --> 01:01:38.020] The charges are the first from the government catastrophe, which has potentially exposed [01:01:38.020 --> 01:01:40.840] roughly 100,000 residents to lead contaminated water. [01:01:40.840 --> 01:01:44.420] As a result of this, which many are calling criminal negligence, the crisis has led to [01:01:44.420 --> 01:01:48.440] an investigation of the possible links between the tainted water and a dozen deaths from [01:01:48.440 --> 01:01:52.000] Legionnaires' disease. [01:01:52.000 --> 01:01:57.880] In 2015, local, state, and federal authorities through the Drug Enforcement Administration's [01:01:57.880 --> 01:02:02.560] controversial cannabis eradication program uprooted roughly 4.1 million cultivated marijuana [01:02:02.560 --> 01:02:07.080] plants in all 50 states as compared to the 4.3 million plants in 2014. [01:02:07.080 --> 01:02:10.320] While federal spending on the program has remained roughly the same at $18 million in [01:02:10.320 --> 01:02:14.600] the last few years, it tallies out to roughly $4.42 per plant. [01:02:14.600 --> 01:02:18.680] This DEA's program provides funding to 128 state and local law enforcement agencies to [01:02:18.680 --> 01:02:22.300] search for, seize, and destroy marijuana being grown across the country. [01:02:22.300 --> 01:02:25.400] Much of the money for the program comes from the Justice Department's highly controversial [01:02:25.400 --> 01:02:28.360] and constitutionally questionable Asset Forfeiture Fund. [01:02:28.360 --> 01:02:32.640] However, at least two states have declined to accept federal eradication funds last year, [01:02:32.640 --> 01:02:35.160] Alaska and Colorado, where marijuana is now legal. [01:02:35.160 --> 01:02:38.400] Four states, including even the District of Columbia, have legalized marijuana for adult [01:02:38.400 --> 01:02:42.960] use, with several other states hoping to follow smoke this year, with an ever-growing opposition [01:02:42.960 --> 01:02:46.400] from researchers, lawmakers, doctors, and the general public calling on the federal [01:02:46.400 --> 01:02:50.400] government to change course on marijuana policy and save us all some money. [01:02:50.400 --> 01:03:01.400] This is Rick Roady with your Lowdown for 4.20 2016. [01:03:01.400 --> 01:03:12.320] Yeah. [01:03:12.320 --> 01:03:21.320] Yeah, my story, my story, my story, my story [01:03:21.320 --> 01:03:28.320] I will identify my father, darling, till he returns [01:03:28.320 --> 01:03:36.320] I will identify my father, darling, till he has left me with his strength and wisdom [01:03:36.320 --> 01:03:44.320] I will identify my father, darling, till he has left me with his strength and wisdom [01:04:07.320 --> 01:04:13.320] I live with my sister in the daytime, I live with my son at night [01:04:13.320 --> 01:04:18.320] Everything, my computer, everything was stolen, literally [01:04:18.320 --> 01:04:26.320] Okay, is it, okay, do you have, okay [01:04:26.320 --> 01:04:32.320] I'm concerned because I've been talking to you a long time [01:04:32.320 --> 01:04:38.320] I hate to see that this has occurred, what are you going to do now? [01:04:38.320 --> 01:04:45.320] Well, I think I'll go, now I'll know, I'm going to go back into bankruptcy court [01:04:45.320 --> 01:04:54.320] and put the foreclosure aside and also do file a second adversity for recoup [01:04:54.320 --> 01:05:02.320] and the money that was, I have a right to recoup because I am a third party beneficiary [01:05:02.320 --> 01:05:07.320] case law, I was in Alabama in 2011 [01:05:07.320 --> 01:05:11.320] Okay, third party beneficiary to what? [01:05:11.320 --> 01:05:17.320] To the loan because the money came from me [01:05:17.320 --> 01:05:25.320] Now wait a minute, to the loan, you're a first party in the loan [01:05:25.320 --> 01:05:30.320] Well, I furnish the money because I file the document [01:05:30.320 --> 01:05:34.320] but with the IRS, the 1082, that's where the money came from [01:05:34.320 --> 01:05:39.320] and also piggybacked it with the 1099 OID [01:05:39.320 --> 01:05:47.320] You're not talking about the mortgage loan, you must be talking about somebody getting something else [01:05:47.320 --> 01:05:49.320] No, I'm talking about the mortgage loan [01:05:49.320 --> 01:05:56.320] You're a first party on the mortgage loan, how are you a first party in a third [01:05:56.320 --> 01:06:05.320] Okay, you have to kind of understand this, the money came from me when the loan was made [01:06:05.320 --> 01:06:08.320] How did it come from you? [01:06:08.320 --> 01:06:15.320] Because they pulled it off my social security and also the federal reserve account of mine [01:06:15.320 --> 01:06:24.320] Hold on, hold on, are you sure that the lender pulled the money from a fractional reserve account? [01:06:24.320 --> 01:06:35.320] Yes, because by law the lender, June 1864, cannot loan credit or they cannot loan money [01:06:35.320 --> 01:06:40.320] No, no, hold on, hold on, a bank can't loan credit [01:06:40.320 --> 01:06:42.320] Correct [01:06:42.320 --> 01:06:53.320] When the lender is acting in the capacity of a mortgagee, mortgage or, [01:06:53.320 --> 01:07:02.320] they're not acting in the capacity of a bank, they're acting in the capacity of a lender [01:07:02.320 --> 01:07:09.320] Of course, the lender was America's wholesale lender, a New York corporation that never existed [01:07:09.320 --> 01:07:12.320] because I've got a certificate that they were never a corporation [01:07:12.320 --> 01:07:17.320] That is something I definitely want to talk to you about [01:07:17.320 --> 01:07:26.320] But America's wholesale lenders was never a bank, so they weren't forbidden to lend credit [01:07:26.320 --> 01:07:31.320] Only banks were forbidden to do that [01:07:31.320 --> 01:07:40.320] The bank could not speculate with the depositors' funds, that's what that 1863 law goes to [01:07:40.320 --> 01:07:44.320] It doesn't go to lenders [01:07:44.320 --> 01:07:47.320] But the bottom line is the money came from me [01:07:47.320 --> 01:07:59.320] And I can file, if I'm not mistaken, I think it's 1096 or 1040V and get all of that money back [01:07:59.320 --> 01:08:03.320] Are you talking about a 1099OYD? [01:08:03.320 --> 01:08:11.320] No, I'm talking about, I've already filed a 1099OYD, I filed it in my name [01:08:11.320 --> 01:08:20.320] and I had to file an 8281 with it because I was the issuer of the money [01:08:20.320 --> 01:08:38.320] I've heard this a number of times and the thing I could never get put together was how money had anything to do with the mortgage law [01:08:38.320 --> 01:08:41.320] I was a lender [01:08:41.320 --> 01:08:55.320] You sit down at the closing table and the lender trades you a warranty deed for a promise to pay on your part [01:08:55.320 --> 01:09:00.320] There's no money involved in that transaction [01:09:00.320 --> 01:09:04.320] It's out of thin air, they write it [01:09:04.320 --> 01:09:15.320] What you're claiming is that there was some money involved in the lender securing the warranty deed [01:09:15.320 --> 01:09:21.320] The warranty deed, he traded you for a promise to pay [01:09:21.320 --> 01:09:38.320] The one thing I've always had trouble with is figuring out how I have standing to address how the lender secured the warranty deed [01:09:38.320 --> 01:09:52.320] Whether you got it with money, a promise to pay, or with a waiver of wand, what business is that of mine and what claim do I have regarding that? [01:09:52.320 --> 01:10:07.320] Well, technically it was paid off at that time because when they went to the window and got that $82,900 on the 1813L1 [01:10:07.320 --> 01:10:09.320] Wait a minute, wait a minute [01:10:09.320 --> 01:10:17.320] You said they went to the window, you're talking about the Federal Reserve window [01:10:17.320 --> 01:10:28.320] This is under the presumption that the lender extracted the funds from their fractional reserve account, is that correct? [01:10:28.320 --> 01:10:30.320] Yes, off of my signature [01:10:30.320 --> 01:10:35.320] How do you know they extracted the funds from your Federal Reserve account? [01:10:35.320 --> 01:10:38.320] Because that's the only way they could get it [01:10:38.320 --> 01:10:40.320] No it's not [01:10:40.320 --> 01:10:46.320] Washington Mutual was put out of business, and you know why they were put out of business? [01:10:46.320 --> 01:10:48.320] Drug money? [01:10:48.320 --> 01:11:01.320] Let me explain, Washington Mutual would come to a borrower and offer to lend them the money to purchase the property [01:11:01.320 --> 01:11:11.320] Under the implication that Washington Mutual would go to its Federal Reserve account and extract these funds from the Federal Reserve account [01:11:11.320 --> 01:11:18.320] And then when the obligation was paid back, they would return these monies to the Federal Reserve account [01:11:18.320 --> 01:11:23.320] Because the Federal Reserve account created money out of the thin air [01:11:23.320 --> 01:11:33.320] And when the money was paid back, they would pay it back into the Federal Reserve account and send that money back out to the thin air from which it came [01:11:33.320 --> 01:11:38.320] That was the implication, but that's not what Washington Mutual was doing [01:11:38.320 --> 01:11:43.320] Washington Mutual got its money from a special purpose vehicle [01:11:43.320 --> 01:11:51.320] A special purpose vehicle set up to purchase a bunch of loans to pool into a pooling and servicing agreement [01:11:51.320 --> 01:11:59.320] The special purpose vehicle turned out to be Colombian and Mexican drug cartels [01:11:59.320 --> 01:12:03.320] So the money never came from the fractional reserve account [01:12:03.320 --> 01:12:11.320] So my question to you is, how do you know that that money was created on your signature? [01:12:11.320 --> 01:12:19.320] Because on that promissory note, which is that investment security, they tuck it to the window [01:12:19.320 --> 01:12:21.320] And when they tuck it to the window, they go... [01:12:21.320 --> 01:12:24.320] No, no, no, no, you're assuming they took it to the window [01:12:24.320 --> 01:12:30.320] But Linder does not necessarily draw money from the Federal Reserve account [01:12:30.320 --> 01:12:34.320] They can pull out of their own resources [01:12:34.320 --> 01:12:39.320] On your Social Security card, it has your Social Security number on the front of it [01:12:39.320 --> 01:12:43.320] On the back of it is another number [01:12:43.320 --> 01:12:45.320] Mine starts with a G [01:12:45.320 --> 01:12:54.320] That's one of the 12 banks, Federal Reserve banks, it's a 9-digit, it's a CUSIP number [01:12:54.320 --> 01:12:57.320] And that's where the money came from [01:12:57.320 --> 01:13:01.320] How do you... wait a minute, hold on, okay, that's a proactive state, that's a statement of fact [01:13:01.320 --> 01:13:03.320] How do you get there? [01:13:03.320 --> 01:13:06.320] Now, if I loaned you money to... [01:13:06.320 --> 01:13:11.320] You know, I could, if I had enough funds, I could borrow you money to purchase property [01:13:11.320 --> 01:13:15.320] Okay, we're not on the same page [01:13:15.320 --> 01:13:18.320] I'm trying to find the page [01:13:18.320 --> 01:13:29.320] The lender, how does the lender necessarily become engaged in the fractional reserve system? [01:13:29.320 --> 01:13:33.320] That seems to be what you're presupposing [01:13:33.320 --> 01:13:37.320] But I can't find how we get there [01:13:37.320 --> 01:13:42.320] And I'm not being difficult, I'm not being pedantic [01:13:42.320 --> 01:13:48.320] I'm trying to put together how all these pieces fit together [01:13:48.320 --> 01:13:56.320] I am an engineer, and as an engineer, all I know how to do is connect the dots [01:13:56.320 --> 01:14:00.320] Here I have dots missing [01:14:00.320 --> 01:14:08.320] Americans Wholesale Lenders was not a national association [01:14:08.320 --> 01:14:15.320] American Wholesale Lenders might have been Joe Blow the lender [01:14:15.320 --> 01:14:20.320] He may or may not have had a Federal Reserve account [01:14:20.320 --> 01:14:24.320] They did not have an IRS number of anything [01:14:24.320 --> 01:14:32.320] It was a registered name with the United States Patent and Trademark Office [01:14:32.320 --> 01:14:41.320] The sample right under that, right above it was Countywide Home Loans, Inc. [01:14:41.320 --> 01:14:44.320] With that R with a circle around it [01:14:44.320 --> 01:14:48.320] America's Wholesale Lenders was an R with a circle around it [01:14:48.320 --> 01:14:58.320] Affidavits that were filed only to be used for advertisement purposes only [01:14:58.320 --> 01:15:03.320] There are some DBAs [01:15:03.320 --> 01:15:15.320] How does that establish that American Wholesale Lenders drew the money for your loan from a Federal Reserve fractional reserve account? [01:15:15.320 --> 01:15:20.320] Okay, technically they never drawed it off [01:15:20.320 --> 01:15:28.320] It was Countywide Home Loan, Inc. that pulled the money off of it [01:15:28.320 --> 01:15:32.320] I don't understand what that means [01:15:32.320 --> 01:15:34.320] What does that mean? [01:15:34.320 --> 01:15:39.320] One of the problems is you use pronouns, and I don't know what the pronouns go to [01:15:39.320 --> 01:15:43.320] What does it refer to? [01:15:43.320 --> 01:15:50.320] My Social Security account and Federal account [01:15:50.320 --> 01:15:55.320] Okay, this goes to Winston Shroud [01:15:55.320 --> 01:16:03.320] I have never been able to find an audit trail to your Social Security account [01:16:03.320 --> 01:16:09.320] How would I find an audit trail to my Social Security account? [01:16:09.320 --> 01:16:16.320] Look on the back of your Social Security card, there should be a number on it, it's a 9-digit CUSIP number [01:16:16.320 --> 01:16:22.320] It'll have a letter on it, the letter stands for the Federal Reserve, one of the 12 Federal Reserves [01:16:22.320 --> 01:16:27.320] Mine has a G, that's Chicago [01:16:27.320 --> 01:16:34.320] Okay, what does that mean to me? Why do I care about that? What does that mean? [01:16:34.320 --> 01:16:37.320] That's where they pull the money off of it [01:16:37.320 --> 01:16:45.320] No, no, wait a minute, you're just saying that, where is something establishing that? [01:16:45.320 --> 01:16:49.320] I have the documentation in my files [01:16:49.320 --> 01:16:56.320] Just point me in the direction, you know, I've been doing this show for about eight years now [01:16:56.320 --> 01:17:00.320] And I've heard this argument a hundred times [01:17:00.320 --> 01:17:05.320] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [01:17:05.320 --> 01:17:08.320] Stop debt collectors now with the Michael Mears Proven Method [01:17:08.320 --> 01:17:14.320] Michael Mears has won six cases in federal court against debt collectors and now you can win two [01:17:14.320 --> 01:17:20.320] You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes [01:17:20.320 --> 01:17:24.320] What to do when contacted by phone, mail, or court summons [01:17:24.320 --> 01:17:26.320] How to answer letters and phone calls [01:17:26.320 --> 01:17:28.320] How to get debt collectors out of your credit report [01:17:28.320 --> 01:17:33.320] How to turn the financial tables on them and make them pay you to go away [01:17:33.320 --> 01:17:38.320] The Michael Mears Proven Method is the solution for how to stop debt collectors [01:17:38.320 --> 01:17:40.320] Personal consultation is available as well [01:17:40.320 --> 01:17:46.320] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner [01:17:46.320 --> 01:17:49.320] Or email michaelmears at yahoo.com [01:17:49.320 --> 01:17:51.320] That's ruleoflawradio.com [01:17:51.320 --> 01:17:56.320] Or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com [01:17:56.320 --> 01:17:59.320] To learn how to stop debt collectors now [01:17:59.320 --> 01:18:04.320] Did you know that the Logos Radio Network is a truly listener-supported radio network [01:18:04.320 --> 01:18:09.320] On top of the on-air talent, producers, and other hardworking individuals working behind the scenes [01:18:09.320 --> 01:18:13.320] Logos Radio Network is kept on the air by the generous support of listeners like you [01:18:13.320 --> 01:18:18.320] And we appreciate our loyal listeners making contributions every year in our annual fundraisers [01:18:18.320 --> 01:18:21.320] Which help keep the lights on and Logos Radio Network on the air [01:18:21.320 --> 01:18:25.320] Head on over to logosradionetwork.com to make your contribution [01:18:25.320 --> 01:18:30.320] Every $25 donation enters you for a chance to win prizes from Central Texas Gunworks [01:18:30.320 --> 01:18:33.320] First prize being a Spiked Skull Lower Receiver [01:18:33.320 --> 01:18:35.320] Second prize being a Taurus Curve [01:18:35.320 --> 01:18:37.320] Ten winners will receive gift cards from All About Vapor [01:18:37.320 --> 01:18:40.320] And if you donate your $25 contribution early enough [01:18:40.320 --> 01:18:43.320] You will also receive a complimentary jar of My Magic Mud [01:18:43.320 --> 01:18:48.320] Donations by all major credit cards are accepted as well as contributions by Bitcoin [01:18:48.320 --> 01:18:52.320] The Logos Radio Network Fundraiser now through March 17th [01:18:52.320 --> 01:18:55.320] Head on over to logosradionetwork.com for more information [01:18:55.320 --> 01:19:23.320] And to donate to keep the Logos Radio Network on the air [01:19:25.320 --> 01:19:32.320] Music [01:19:32.320 --> 01:19:39.320] Okay, Randy Kelton, Drew Glow Radio, we are back, we're talking to John in Texas [01:19:39.320 --> 01:19:45.320] John, what is it that you plan to do at this point? [01:19:45.320 --> 01:19:49.320] Go back into bankruptcy court and file two adversities [01:19:49.320 --> 01:19:52.320] One of them is to set the sale aside, the foreclosure [01:19:52.320 --> 01:19:55.320] Because they used a forged promissory note [01:19:55.320 --> 01:20:01.320] Wait a minute, why are you going to bankruptcy court to file an adversarial proceeding [01:20:01.320 --> 01:20:04.320] When you could just file straight in the federal court? [01:20:04.320 --> 01:20:07.320] I mean, why the difference between the two? [01:20:07.320 --> 01:20:11.320] Okay, I filed bankruptcy and it was released [01:20:11.320 --> 01:20:15.320] And the Bank of America claimed that they own it [01:20:15.320 --> 01:20:23.320] They never filed any kind of a document to object to my bankruptcy and it was released [01:20:23.320 --> 01:20:26.320] Okay, hold on, hold on, let me make sure I got this right [01:20:26.320 --> 01:20:31.320] When you filed your bankruptcy, did you claim the property as unsecured? [01:20:31.320 --> 01:20:37.320] That's correct, and also Form C where it was exempt [01:20:37.320 --> 01:20:42.320] They were foreclosing in the amount of $32,500 [01:20:42.320 --> 01:20:46.320] Because they lowered the price, they said they owned it [01:20:46.320 --> 01:20:50.320] And I paid them a little less than $135,000 [01:20:50.320 --> 01:20:55.320] And it was discharged, everything was lovely, it couldn't have been more perfect [01:20:55.320 --> 01:21:01.320] But this attorney firm in Dallas, that Flipper Flapper or whatever it is in England [01:21:01.320 --> 01:21:09.320] That's Barrett, Daffin, Frappin, and Kiss My Behind [01:21:09.320 --> 01:21:15.320] Okay, they forged a document and when I told you they owed $5 million [01:21:15.320 --> 01:21:20.320] There's $4,350,000 [01:21:20.320 --> 01:21:26.320] I made 84 payments and all the money that was paid into it is taxed at 100% [01:21:26.320 --> 01:21:29.320] Plus every payment I made is $50,000 [01:21:29.320 --> 01:21:34.320] But there was $1,063,200 [01:21:34.320 --> 01:21:36.320] They forged 8 [01:21:36.320 --> 01:21:41.320] Okay wait a minute, I am having serious problems with this [01:21:41.320 --> 01:21:47.320] Because you're making these huge leaps in logic [01:21:47.320 --> 01:21:57.320] How does every payment you make cause the lender to owe $50,000 in tax? [01:21:57.320 --> 01:22:03.320] Per payment, because it was never put into the remit [01:22:03.320 --> 01:22:09.320] What does that have? You understand, that makes no sense whatsoever [01:22:09.320 --> 01:22:15.320] They didn't put it in the remit, therefore they owe $50,000 every payment [01:22:15.320 --> 01:22:18.320] That makes no sense at all [01:22:18.320 --> 01:22:26.320] There is a massive amount of information in between all this that's not here [01:22:26.320 --> 01:22:38.320] What the basic premise of Randy needs to know here is upon what foundation of law sets up for that $50,000 [01:22:38.320 --> 01:22:42.320] Is something they're required to pay if they don't do A, B, or C [01:22:42.320 --> 01:22:46.320] Where are you getting that amount? What are you basing it on? [01:22:46.320 --> 01:22:49.320] And what authority compels them to follow through? [01:22:49.320 --> 01:22:53.320] That's the stuff you're not providing us with [01:22:53.320 --> 01:22:59.320] I'm fixing to tell you, IRS 856, pull it up in front of you [01:22:59.320 --> 01:23:02.320] 856, okay that's... [01:23:02.320 --> 01:23:06.320] Are you talking Internal Revenue Code 856? [01:23:06.320 --> 01:23:10.320] Are you talking Title 26, 856? [01:23:10.320 --> 01:23:21.320] 26, 856, I believe it's G5C, $50,000, pull it up in front of you [01:23:21.320 --> 01:23:35.320] IRS 856, G5C, you'll see that $50,000 because it was never transferred into the remit [01:23:35.320 --> 01:23:43.320] Man, my system is giving me a headache [01:23:43.320 --> 01:24:03.320] 856, USC, 856, G5C, it's a long document, like 20 pages toward the end [01:24:03.320 --> 01:24:07.320] Okay, my system is crashing out here, I'm not kidding [01:24:07.320 --> 01:24:13.320] Okay, can you kind of explain what that is? [01:24:13.320 --> 01:24:17.320] Okay, it was never transferred into the remit, but these are trust notes [01:24:17.320 --> 01:24:25.320] You just jumped to something totally outside the Internal Revenue Code [01:24:25.320 --> 01:24:30.320] You're saying that it was never transferred into the remit [01:24:30.320 --> 01:24:39.320] Okay, one of the problems with trying to understand what's going on here is you're using pronouns [01:24:39.320 --> 01:24:44.320] But you're not given a referential index to what the pronoun refers to [01:24:44.320 --> 01:24:48.320] You use the term it, what does it refer to? [01:24:48.320 --> 01:24:55.320] Okay, this is what he's referring to, Randy, and I want to read this because I can tell right quick [01:24:55.320 --> 01:25:01.320] Something is not up with his interpretation here, so let me show you what G5 actually says [01:25:01.320 --> 01:25:08.320] It's titled entities, let me finish, it's titled entities to which paragraph applies [01:25:08.320 --> 01:25:16.320] This paragraph applies to a corporation trust or association A, which is not a real estate investment trust [01:25:16.320 --> 01:25:22.320] To which the provisions of this part apply for the taxable year due to one or more failures to comply [01:25:22.320 --> 01:25:29.320] With one or more of the provisions of this part other than paragraph 2, 3, or 4 of subsection C [01:25:29.320 --> 01:25:36.320] B, such failures are due to reasonable cause and not due to willful neglect [01:25:36.320 --> 01:25:42.320] Now remember, A and B are separated by a comma, so they are all-inclusive [01:25:42.320 --> 01:25:53.320] B ends with a comma and subsection C, if such corporation trust or association pays, as prescribed by the secretary [01:25:53.320 --> 01:26:01.320] In regulations and in the same manner as tax, a penalty of $50,000 for each failure to satisfy a provision of this part [01:26:01.320 --> 01:26:06.320] Due to reasonable cause and not willful neglect, you're misreading that [01:26:06.320 --> 01:26:14.320] This says if they have paid a $50,000 penalty, not that they have to pay one [01:26:14.320 --> 01:26:22.320] But that if they have been made to pay one and they haven't [01:26:22.320 --> 01:26:32.320] You're misreading what this says, all three of those, A, B, and C, must be used all-inclusive according to how this is written [01:26:32.320 --> 01:26:47.320] Every single one of those conditions must be met, including that they must have already been forced to pay the $50,000 fine [01:26:47.320 --> 01:26:50.320] IRS form [01:26:50.320 --> 01:26:56.320] We're not talking about an IRS form, we're talking about the statute upon which that form is based [01:26:56.320 --> 01:27:09.320] And that is how this statute reads. I don't care what the form says because the form is not controlling, the statute is [01:27:09.320 --> 01:27:13.320] They never file it with a remake [01:27:13.320 --> 01:27:21.320] And unless someone tests them and fines them $50,000 for it, this section does not apply [01:27:21.320 --> 01:27:26.320] So unless that's happened, this is irrelevant in application [01:27:26.320 --> 01:27:33.320] I'm glad you said that. Form 4490, when I [01:27:33.320 --> 01:27:35.320] This is a gift tax [01:27:35.320 --> 01:27:38.320] What is a gift tax? [01:27:38.320 --> 01:27:41.320] Okay, when you do a deed of trust [01:27:41.320 --> 01:27:50.320] Don't start on a different story and answer the question. What are you referring to as a gift tax? [01:27:50.320 --> 01:27:51.320] On a deed of trust [01:27:51.320 --> 01:28:01.320] Don't tell me deed of trust. We're talking about this statute and this 50 grand. Where are you getting a gift tax? [01:28:01.320 --> 01:28:05.320] What does that have to do with the point we're discussing here? [01:28:05.320 --> 01:28:07.320] We're not on the same page [01:28:07.320 --> 01:28:13.320] That's right, because you keep running off to different pages. Stay where the hell we are until we finish that subject [01:28:13.320 --> 01:28:17.320] What are we doing with this $50,000 you keep alleging? [01:28:17.320 --> 01:28:24.320] This says it doesn't apply unless someone has already been fined this $50,000 [01:28:24.320 --> 01:28:29.320] No, it's $50,000 per prohibited transaction [01:28:29.320 --> 01:28:32.320] That is not what it says [01:28:32.320 --> 01:28:35.320] That is not what it says [01:28:35.320 --> 01:28:41.320] A prohibited transaction with this remake? You cannot do that [01:28:41.320 --> 01:28:50.320] The words prohibited transaction do not appear in the section you gave me in any way, shape, or form [01:28:50.320 --> 01:28:54.320] They do not exist [01:28:54.320 --> 01:29:03.320] So wherever you're getting them is not relevant to what you just heard me read [01:29:03.320 --> 01:29:04.320] You're wrong [01:29:04.320 --> 01:29:09.320] How am I wrong? If the language isn't here, how am I wrong? [01:29:09.320 --> 01:29:14.320] You have some section that contains the language you're using that says, [01:29:14.320 --> 01:29:20.320] refer to this section you had us go to as the result [01:29:20.320 --> 01:29:22.320] Okay, let me tell you what I did [01:29:22.320 --> 01:29:25.320] I don't want to hear what you did, I want to hear you answer my question [01:29:25.320 --> 01:29:28.320] Do you have that information or not? [01:29:28.320 --> 01:29:38.320] Because if something didn't, wait a minute, if something did not specifically point you here, what are you doing here? [01:29:38.320 --> 01:29:43.320] This is a prohibited transaction, $50,000 per incident [01:29:43.320 --> 01:29:50.320] There is no language in this statute for prohibited transaction [01:29:50.320 --> 01:29:53.320] Okay, hang on, about to go to break [01:29:53.320 --> 01:29:57.320] Randy Kelvin, Rule of Law Radio, we'll be right back [01:30:03.320 --> 01:30:07.320] Are you worried your shyness might hold you back in the business world? [01:30:07.320 --> 01:30:13.320] We're back to Catherine Albrecht, back to reassure you that introverts can indeed climb to the top of the ladder [01:30:13.320 --> 01:30:16.320] while still avoiding the limelight right after this [01:30:16.320 --> 01:30:18.320] Privacy is under attack [01:30:18.320 --> 01:30:22.320] When you give up data about yourself, you'll never get it back again [01:30:22.320 --> 01:30:27.320] And once your privacy is gone, you'll find your freedoms will start to vanish too [01:30:27.320 --> 01:30:32.320] So protect your rights, say no to surveillance and keep your information to yourself [01:30:32.320 --> 01:30:35.320] Privacy, it's worth hanging on to [01:30:35.320 --> 01:30:41.320] Which is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo and Bing [01:30:41.320 --> 01:30:44.320] Start over with Startpage [01:30:44.320 --> 01:30:53.320] Given the media prominence of guys like Larry Ellison and Richard Branson, it's easy to assume that all successful people are charismatic extroverts [01:30:53.320 --> 01:30:56.320] But recent research has found that's not the case [01:30:56.320 --> 01:31:02.320] In fact, introverts do better than extroverts by a ratio of 4 to 1 and more often leave positive legacies [01:31:02.320 --> 01:31:07.320] That's because introverts focus on one goal at a time rather than scattering their energies [01:31:07.320 --> 01:31:09.320] They value teamwork more than ego [01:31:09.320 --> 01:31:12.320] They're not threatened by high-performing colleagues [01:31:12.320 --> 01:31:18.320] And precisely because they're not in the limelight, they find it easier to admit their mistakes and change course when needed [01:31:18.320 --> 01:31:23.320] So I guess the old saying is true, still waters really do run deep [01:31:23.320 --> 01:31:28.320] I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine [01:31:28.320 --> 01:31:35.320] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11 [01:31:35.320 --> 01:31:37.320] The government says that fire brought it down [01:31:37.320 --> 01:31:42.320] However, 1,500 architects and engineers concluded it was a controlled demolition [01:31:42.320 --> 01:31:45.320] Over 6,000 of my fellow service members have given their lives [01:31:45.320 --> 01:31:48.320] But thousands of my fellow first responders are dying [01:31:48.320 --> 01:31:49.320] I'm not a conspiracy theorist [01:31:49.320 --> 01:31:50.320] I'm a structural engineer [01:31:50.320 --> 01:31:52.320] I'm a New York City correction officer [01:31:52.320 --> 01:31:53.320] I'm an Air Force pilot [01:31:53.320 --> 01:31:54.320] I'm a father who lost his son [01:31:54.320 --> 01:31:57.320] We're Americans and we deserve the truth [01:31:57.320 --> 01:32:00.320] Go to RememberBuilding7.org today [01:32:28.320 --> 01:32:31.320] To handle your claim and your roof right the first time [01:32:31.320 --> 01:32:38.320] Just call 512-992-8745 or go to hillcountryhomeimprovements.com [01:32:38.320 --> 01:32:40.320] Mention the crypto show and get $100 off [01:32:40.320 --> 01:32:45.320] And we'll donate another $100 to the Logos Radio Network to help continue this programming [01:32:45.320 --> 01:32:50.320] So if those out-of-town roofers come knocking, your door should be locking [01:32:50.320 --> 01:32:56.320] That's 512-992-8745 or hillcountryhomeimprovements.com [01:32:56.320 --> 01:32:58.320] Discounts are based on full roof replacement [01:32:58.320 --> 01:33:01.320] May not actually be kidding about chemtrails [01:33:01.320 --> 01:33:04.320] You are listening to the Logos Radio Network [01:33:04.320 --> 01:33:27.320] Logosradionetwork.com [01:33:34.320 --> 01:33:44.320] Logosradionetwork.com [01:33:44.320 --> 01:33:54.320] Logosradionetwork.com [01:33:54.320 --> 01:34:04.320] Logosradionetwork.com [01:34:04.320 --> 01:34:06.320] All right, folks, we are back [01:34:06.320 --> 01:34:10.320] This is the Friday Night Rule of Law radio show with your host Randy Kelton [01:34:10.320 --> 01:34:13.320] And tonight Eddie Craig is joining for a little while [01:34:13.320 --> 01:34:16.320] And Yvette, do I have that right, Yvette? [01:34:16.320 --> 01:34:19.320] Yvette Pack, she had to take off a little bit earlier [01:34:19.320 --> 01:34:21.320] She has to work tomorrow [01:34:21.320 --> 01:34:27.320] And right now we're still talking to Robert trying to get some clarification on where he's getting his information from [01:34:27.320 --> 01:34:34.320] Because the reference he gave us for this statute does not have the language he's attempting to mold into it [01:34:34.320 --> 01:34:43.320] So I need to know, for referential integrity's sake, where are you getting the information that sends you here? [01:34:43.320 --> 01:34:46.320] That question remains unanswered [01:34:46.320 --> 01:34:53.320] How did you get to this section of this statute in Title 26? [01:34:53.320 --> 01:34:55.320] Because it was a prohibited transaction [01:34:55.320 --> 01:34:57.320] Stop! Stop! [01:34:57.320 --> 01:35:06.320] You have not shown me any statute that says prohibited transaction that refers you to this one [01:35:06.320 --> 01:35:08.320] What are you talking about statute? [01:35:08.320 --> 01:35:13.320] Where are you getting prohibited transaction if not from a statute? [01:35:13.320 --> 01:35:18.320] This has nothing to do with statute, this is strictly IRS tax [01:35:18.320 --> 01:35:19.320] This is a tax issue [01:35:19.320 --> 01:35:23.320] The IRS tax is not conjured up out of thin air [01:35:23.320 --> 01:35:26.320] It is codified in statute [01:35:26.320 --> 01:35:30.320] What statute are you using? [01:35:30.320 --> 01:35:32.320] Title 26, 856 [01:35:32.320 --> 01:35:37.320] Title 26 is 65,000 plus pages long [01:35:37.320 --> 01:35:44.320] The section you have sent us to by reference does not contain the language you are asserting [01:35:44.320 --> 01:35:48.320] So you had to get that somewhere else [01:35:48.320 --> 01:35:54.320] Where and how did it refer you here? [01:35:54.320 --> 01:35:57.320] It was never transferred [01:35:57.320 --> 01:36:03.320] What was never transferred? [01:36:03.320 --> 01:36:05.320] Do you know what a Remic is? [01:36:05.320 --> 01:36:09.320] How do I know what it is? It's not the answer to my question [01:36:09.320 --> 01:36:13.320] A Remic is a real estate investment conduit [01:36:13.320 --> 01:36:18.320] It has to do with IRS, if it's not transferred into the Remic it fails [01:36:18.320 --> 01:36:22.320] The problem you have here is that is your assertion [01:36:22.320 --> 01:36:29.320] You haven't given me any law upon which it is based [01:36:29.320 --> 01:36:31.320] It's all about taxes [01:36:31.320 --> 01:36:35.320] Again, that's a conclusion and assertion on your part [01:36:35.320 --> 01:36:44.320] Give me a law that makes your argument and points me here [01:36:44.320 --> 01:36:46.320] All we're doing is going around and around [01:36:46.320 --> 01:36:51.320] No, we're not going around, we're going in a straight line over the edge of a cliff because you're not answering the question [01:36:51.320 --> 01:36:57.320] What law are you basing your assertion on that leads you here? [01:36:57.320 --> 01:36:59.320] There is no law [01:36:59.320 --> 01:37:03.320] You have no argument, it's that damn simple [01:37:03.320 --> 01:37:06.320] Your opinion means nothing in the court [01:37:06.320 --> 01:37:19.320] If you can't base it on A, an actual law, B, an actual court opinion, or C, an actual ruling by some administrative body that clarifies the statute [01:37:19.320 --> 01:37:22.320] You are making it up [01:37:22.320 --> 01:37:25.320] That's the only way they're going to see it [01:37:25.320 --> 01:37:28.320] It's a tax, tax, T-A-X [01:37:28.320 --> 01:37:31.320] Again, the tax does not appear out of thin air [01:37:31.320 --> 01:37:37.320] It is based upon some law, somewhere, which you said you don't know what it is [01:37:37.320 --> 01:37:43.320] If you don't know what it is, how did you get here? [01:37:43.320 --> 01:37:46.320] It's a tax issue, T-A-X [01:37:46.320 --> 01:37:50.320] Okay, again, based upon what law? [01:37:50.320 --> 01:37:52.320] Okay, will you listen to me? [01:37:52.320 --> 01:37:56.320] I've tried listening to you for almost an hour and you've run in circles [01:37:56.320 --> 01:37:58.320] I'm trying to straighten this out [01:37:58.320 --> 01:38:02.320] Either you have a law that got you here or you don't [01:38:02.320 --> 01:38:04.320] You say it's a tax issue [01:38:04.320 --> 01:38:12.320] What law are you relying on, specifically, to base it as a tax issue? [01:38:12.320 --> 01:38:13.320] A Remic [01:38:13.320 --> 01:38:17.320] Remic is not a law, Remic is something in the law [01:38:17.320 --> 01:38:25.320] What law are you using relative to Remics to get here? [01:38:25.320 --> 01:38:29.320] All this is just going around and around [01:38:29.320 --> 01:38:30.320] Will you listen to me? [01:38:30.320 --> 01:38:32.320] Okay, wait a minute, hold on, John [01:38:32.320 --> 01:38:36.320] This is not going anywhere [01:38:36.320 --> 01:38:41.320] This has always been an issue when we talk [01:38:41.320 --> 01:38:52.320] Is that you're making reference to laws or issues that you don't stipulate [01:38:52.320 --> 01:38:58.320] I'm an engineer and engineers, all we can do is connect dots [01:38:58.320 --> 01:39:06.320] If we can't put all the pieces together, one dot after another, then our argument fails [01:39:06.320 --> 01:39:12.320] And we can go around and around all night on this and we're not going to get any closer [01:39:12.320 --> 01:39:16.320] It kind of breaks my heart that you were foreclosed on [01:39:16.320 --> 01:39:24.320] And with the research I've done, there are a lot of things we can do to stop a foreclosure [01:39:24.320 --> 01:39:30.320] And none of them go to issues as arcane as you're arguing [01:39:30.320 --> 01:39:33.320] They're far more simple [01:39:33.320 --> 01:39:43.320] Have you pulled all the documents from the county recorder's office concerning the mortgage on your property? [01:39:43.320 --> 01:39:49.320] I am an oil and gas land man for 38 years, yes, I pulled everything, certified copies [01:39:49.320 --> 01:40:05.320] Has every claim that has been asserted by the foreclosing entity been accurately reflected in the public record? [01:40:05.320 --> 01:40:07.320] Okay, too long a pause [01:40:07.320 --> 01:40:12.320] That is the very first place it should go [01:40:12.320 --> 01:40:22.320] The banks, it is my personal opinion that the banks have put forth these arguments concerning [01:40:22.320 --> 01:40:33.320] Securitization, show me the note, the merge, these issues that are so common [01:40:33.320 --> 01:40:39.320] To put them out there to get us to chase those things because they are so complex and convoluted [01:40:39.320 --> 01:40:47.320] That no judge sitting on a bench with 50 cases in front of him today could ever understand this [01:40:47.320 --> 01:40:54.320] And it is my opinion that the very reason they have done that is to keep us from going down [01:40:54.320 --> 01:40:59.320] And looking in the public record, stitching together all the claims in the public record [01:40:59.320 --> 01:41:12.320] In accordance with Texas Property Code 13.001, any claim against real property not properly acknowledged [01:41:12.320 --> 01:41:15.320] Or proven and filed in the public record is boarded to the holder [01:41:15.320 --> 01:41:20.320] Look at those first, those are real easy claims to argue [01:41:20.320 --> 01:41:24.320] I have probably looked at a thousand mortgages [01:41:24.320 --> 01:41:30.320] I have found about three that I could not make a claim [01:41:30.320 --> 01:41:36.320] That would invalidate anything the bank is trying to bring against me [01:41:36.320 --> 01:41:39.320] And do it from the public record [01:41:39.320 --> 01:41:47.320] It is my opinion that the banks have sent us chasing these false issues [01:41:47.320 --> 01:41:53.320] So that they could defeat us in the courts because it's so complex nobody can understand them [01:41:53.320 --> 01:41:56.320] Go back to the public record [01:41:56.320 --> 01:42:05.320] Is every claimant who made a claim against your property reflected in the public record? [01:42:05.320 --> 01:42:11.320] John, that was a question [01:42:11.320 --> 01:42:15.320] See that needed a real fast answer [01:42:15.320 --> 01:42:18.320] I look in the record and I see a deed of trust [01:42:18.320 --> 01:42:23.320] And I see a mortgage on the deed of trust [01:42:23.320 --> 01:42:25.320] The lender [01:42:25.320 --> 01:42:29.320] First thing I want to do is see if that lender is still in business [01:42:29.320 --> 01:42:34.320] And then I go down and look for an assignment of the deed of trust [01:42:34.320 --> 01:42:36.320] And go all the way to the bottom [01:42:36.320 --> 01:42:39.320] Look at the last document [01:42:39.320 --> 01:42:49.320] And generally it's either a trustee's deed or a some document indicated [01:42:49.320 --> 01:42:53.320] Or a notice of intent to foreclose [01:42:53.320 --> 01:42:56.320] Look at who filed that notice of intent to foreclose [01:42:56.320 --> 01:43:02.320] Is it the same entity who wrote the original mortgage? [01:43:02.320 --> 01:43:03.320] No [01:43:03.320 --> 01:43:14.320] If it is, if it's not, is there a direct line of assignments from the original mortgagee [01:43:14.320 --> 01:43:21.320] To the current in-person claiming authority to foreclose? [01:43:21.320 --> 01:43:27.320] Now, if there is a direct line to the current mortgagee [01:43:27.320 --> 01:43:37.320] Was the entity still in business when the assignment was made? [01:43:37.320 --> 01:43:40.320] That is the biggest issue I keep finding [01:43:40.320 --> 01:43:44.320] And that's because [01:43:44.320 --> 01:43:48.320] That's the argument you should be making [01:43:48.320 --> 01:43:52.320] Not this more obscure securitization issue [01:43:52.320 --> 01:43:59.320] The horse of money, hang on, Randy Kelton, we'll be right back [01:43:59.320 --> 01:44:03.320] You feel tired when talking about important topics like money and politics? [01:44:03.320 --> 01:44:04.320] Sorry [01:44:04.320 --> 01:44:07.320] Are you confused by words like the Constitution or the Federal Reserve? [01:44:07.320 --> 01:44:08.320] What? [01:44:08.320 --> 01:44:12.320] If so, you may be diagnosed with the deadliest disease known today, stupidity [01:44:12.320 --> 01:44:14.320] Hi, my name is Steve Holt [01:44:14.320 --> 01:44:18.320] And like millions of other Americans, I was diagnosed with stupidity at an early age [01:44:18.320 --> 01:44:24.320] I had no idea that the number one cause of the disease is found in almost every home in America, the television [01:44:24.320 --> 01:44:28.320] Unfortunately, that puts most Americans at risk of catching stupidity [01:44:28.320 --> 01:44:29.320] But there is hope [01:44:29.320 --> 01:44:35.320] The staff at Brave New Books have helped me and thousands of other foxaholics suffering from sports zombieism recover [01:44:35.320 --> 01:44:42.320] And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested [01:44:42.320 --> 01:44:49.320] So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 [01:44:49.320 --> 01:44:54.320] Or visit them at 1904guadalupe or bravenewbookstore.com [01:44:54.320 --> 01:44:59.320] Side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning [01:44:59.320 --> 01:45:03.320] Are you the plaintiff or defendant in a lawsuit? [01:45:03.320 --> 01:45:10.320] Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course [01:45:10.320 --> 01:45:14.320] That will show you how in 24 hours, step-by-step [01:45:14.320 --> 01:45:18.320] If you have a lawyer, know what your lawyer should be doing [01:45:18.320 --> 01:45:22.320] If you don't have a lawyer, know what you should do for yourself [01:45:22.320 --> 01:45:27.320] Thousands have won with our step-by-step course, and now you can too [01:45:27.320 --> 01:45:33.320] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience [01:45:33.320 --> 01:45:42.320] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts [01:45:42.320 --> 01:45:51.320] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more [01:45:51.320 --> 01:46:03.320] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ [01:46:22.320 --> 01:46:25.320] All right, folks, we are back [01:46:25.320 --> 01:46:28.320] This is the Friday Night Rule of Law Radio Show [01:46:28.320 --> 01:46:32.320] And we've got one segment left and a couple of extra callers on the board [01:46:32.320 --> 01:46:35.320] So, Randy, how do you want to handle the rest of this? [01:46:35.320 --> 01:46:39.320] Okay, John, we have to move on [01:46:39.320 --> 01:46:41.320] Okay, I need to ask you a question [01:46:41.320 --> 01:46:44.320] Okay, we don't mean to give you a difficult time [01:46:44.320 --> 01:46:49.320] It's just that we need to find the right way to fight these guys [01:46:49.320 --> 01:46:56.320] If you'll send me an email, let's talk about how to...this is not over yet [01:46:56.320 --> 01:46:57.320] Okay [01:46:57.320 --> 01:47:03.320] First thing we want to know is did the bank buy the property back at foreclosures? [01:47:03.320 --> 01:47:05.320] If it did, we got things you can do [01:47:05.320 --> 01:47:06.320] Yeah [01:47:06.320 --> 01:47:11.320] Call me back and I may have a different way of going at these guys [01:47:11.320 --> 01:47:13.320] Can I ask you one question? [01:47:13.320 --> 01:47:19.320] I filed a document in the county clerk's office and they destroyed it and sent it back to me unfiled [01:47:19.320 --> 01:47:20.320] It was a birth certificate [01:47:20.320 --> 01:47:24.320] I had the legal title and I was merging the equitable title [01:47:24.320 --> 01:47:25.320] Okay, hold on, hold on [01:47:25.320 --> 01:47:30.320] You can't file that with the county recorder [01:47:30.320 --> 01:47:40.320] The statute that established the county recorder's office limits the documents that can be filed with the county recorder [01:47:40.320 --> 01:47:43.320] to documents affecting real property [01:47:43.320 --> 01:47:47.320] and they essentially list the documents that can be filed [01:47:47.320 --> 01:47:49.320] The birth certificate is not one of them [01:47:49.320 --> 01:47:55.320] The county clerk has no authority to file that document [01:47:55.320 --> 01:47:59.320] Okay, I put the legal description on two documents [01:47:59.320 --> 01:48:03.320] One of them is 201,000 acres is in Lido, Texas [01:48:03.320 --> 01:48:05.320] and the other one is the one here in Fort Worth [01:48:05.320 --> 01:48:09.320] The 200,000 acres goes in, it's in Parker and Tarrant County [01:48:09.320 --> 01:48:14.320] But anyway, I will email you [01:48:14.320 --> 01:48:17.320] Okay, let's talk about this off the air [01:48:17.320 --> 01:48:19.320] Okay, thank you, John [01:48:19.320 --> 01:48:21.320] Okay, now we're going to Mark in Texas [01:48:21.320 --> 01:48:24.320] Hello, Mark [01:48:24.320 --> 01:48:27.320] Sorry to hold you up so long [01:48:27.320 --> 01:48:28.320] Man, that's no problem [01:48:28.320 --> 01:48:34.320] I always enjoy talking to you and listening to everybody that's talking to you [01:48:34.320 --> 01:48:38.320] I just heard you say something that makes me quite curious [01:48:38.320 --> 01:48:45.320] You said if a bank buys it back at auction, then there are some things that we can do to legally address that [01:48:45.320 --> 01:48:46.320] So I'm curious about that [01:48:46.320 --> 01:48:49.320] And then my main question this evening is this [01:48:49.320 --> 01:48:53.320] I've been listening to a lot of discussion to the Janoski case and rescission [01:48:53.320 --> 01:49:00.320] I spoke to one person not too long ago who was saying he might be able to help me [01:49:00.320 --> 01:49:09.320] And he seemed very interested in the idea of filing a rescission or sending a rescission in the mail [01:49:09.320 --> 01:49:14.320] Even though what I have is long past three years [01:49:14.320 --> 01:49:21.320] My original lender in 2005 in the case that I have was out of business in 2008 [01:49:21.320 --> 01:49:23.320] He was just talking about me there [01:49:23.320 --> 01:49:28.320] Supposedly on the assignment in 2013 they made that assignment [01:49:28.320 --> 01:49:32.320] I'm going to look at doing quiet title to attack that because I've already had a case filed [01:49:32.320 --> 01:49:34.320] One reopened lost it [01:49:34.320 --> 01:49:35.320] Here we are [01:49:35.320 --> 01:49:42.320] But I want to know being that this supposed or alleged assignment [01:49:42.320 --> 01:49:46.320] Are you on your speakerphone by any chance? [01:49:46.320 --> 01:49:48.320] Yes, I am [01:49:48.320 --> 01:49:49.320] Let me get it off [01:49:49.320 --> 01:49:51.320] I'm sorry, Jens [01:49:51.320 --> 01:49:56.320] Yeah, it's just reverberating a little badly on this end [01:49:56.320 --> 01:49:57.320] How about that? You hear me better? [01:49:57.320 --> 01:49:59.320] Much better [01:49:59.320 --> 01:50:04.320] Okay, I didn't say anything because I just thought you had your head in that toilet [01:50:04.320 --> 01:50:11.320] Well, that could happen on a Friday night but that doesn't happen until at least two or five [01:50:11.320 --> 01:50:15.320] I'm sober when I'm talking to you [01:50:15.320 --> 01:50:19.320] I was just wondering about rescission [01:50:19.320 --> 01:50:28.320] If this alleged assignment is made in 2013 within a three-year time frame [01:50:28.320 --> 01:50:30.320] I haven't gone and read to in and out so I don't know [01:50:30.320 --> 01:50:33.320] Do you have any suggestions or insights? [01:50:33.320 --> 01:50:36.320] Should I go ahead and send them a rescission? [01:50:36.320 --> 01:50:38.320] I'm just curious about that [01:50:38.320 --> 01:50:46.320] Okay, this is what we've been doing is I send them a qualified written request [01:50:46.320 --> 01:50:51.320] And in the qualified written request, I use the HUD-1 settlement statement [01:50:51.320 --> 01:50:59.320] And claim that all the fees charged on the HUD-1 settlement statement are void or fraudulent [01:50:59.320 --> 01:51:06.320] Because the lender failed to provide documentation to show that they were valid [01:51:06.320 --> 01:51:09.320] And that's my accounting error [01:51:09.320 --> 01:51:17.320] And then I put in about 15 or 20 pages of discovery which the lender doesn't have to respond to [01:51:17.320 --> 01:51:23.320] So they see all this discovery and say, ah, that's bogus, that's bogus, that's bogus [01:51:23.320 --> 01:51:31.320] They never read to the last paragraph where I put in a notice that if you fail to properly validate this debt [01:51:31.320 --> 01:51:39.320] Or respond or correct the accounting error within the time limit allowed by law [01:51:39.320 --> 01:51:41.320] Consider this as a notice of rescission [01:51:41.320 --> 01:51:45.320] They never read that last paragraph [01:51:45.320 --> 01:51:48.320] Okay, now we go to rescission [01:51:48.320 --> 01:51:53.320] The legal question I bring to the court is [01:51:53.320 --> 01:52:06.320] Statute of limitations, does statute of limitations amount to a bar to a claim or is it an affirmative defense? [01:52:06.320 --> 01:52:11.320] I maintain it is an affirmative defense [01:52:11.320 --> 01:52:14.320] So we claim rescission [01:52:14.320 --> 01:52:24.320] If they don't respond to the document adequately, then we claim that rescission is invoked [01:52:24.320 --> 01:52:35.320] Once rescission is invoked, they've got 20 days to either start the rescission process or file an opposition in the district court [01:52:35.320 --> 01:52:41.320] So what we're claiming is, is while this may be out of time [01:52:41.320 --> 01:52:50.320] Time is not a bar to rescission, statute of limitations is not a bar to rescission, but rather is an affirmative defense [01:52:50.320 --> 01:53:01.320] So they had 20 days in which to file a opposition in the district court claiming an affirmative defense [01:53:01.320 --> 01:53:04.320] But they didn't claim that affirmative defense [01:53:04.320 --> 01:53:07.320] They sat on their rights, they're subject to latches [01:53:07.320 --> 01:53:14.320] They can't now come and claim the right that they should have claimed within that 20-day time period [01:53:14.320 --> 01:53:18.320] Does that make sense, Mark? [01:53:18.320 --> 01:53:22.320] Yeah, it's bushwhacking [01:53:22.320 --> 01:53:25.320] I love bushwhacking [01:53:25.320 --> 01:53:33.320] And it's legitimate, it's in accordance with the law [01:53:33.320 --> 01:53:40.320] What I'm unclear on here is this is a situation where I can't send that to the original lender [01:53:40.320 --> 01:53:45.320] I can't send it to anyone who even has a legitimate claim [01:53:45.320 --> 01:53:48.320] Okay, wait a minute, hold on, hold on [01:53:48.320 --> 01:53:53.320] What do you see in the public record? [01:53:53.320 --> 01:53:56.320] Relative to the assignment? [01:53:56.320 --> 01:54:04.320] Yes, what document do you see in the public record that is valid? [01:54:04.320 --> 01:54:11.320] Nothing, it's void of its face, not voidable [01:54:11.320 --> 01:54:25.320] We just filed one here in Fort Worth where we have nothing in the record showing that Wells Fargo holds a claim to this property [01:54:25.320 --> 01:54:29.320] But they're demanding payment, MTH was the lender [01:54:29.320 --> 01:54:32.320] So we sent Wells Fargo a notice of rescission [01:54:32.320 --> 01:54:34.320] They didn't respond to it [01:54:34.320 --> 01:54:39.320] We filed a quiet title action against the deed of trust because MTH doesn't exist anymore [01:54:39.320 --> 01:54:40.320] Okay [01:54:40.320 --> 01:54:44.320] Then in the quiet title they removed it to the federal court [01:54:44.320 --> 01:54:50.320] And then we filed a challenge subject matter jurisdiction [01:54:50.320 --> 01:54:59.320] And if you file a quiet title and it's removed to the federal court, send me an email, I'll show you how to challenge that [01:54:59.320 --> 01:55:09.320] There is a relatively new law, the 2011 Venue and Removal Clarification Act that changed 200 years of law [01:55:09.320 --> 01:55:21.320] What it says is, in short, that while a state issue, a case with state and federal issues can be removed to the federal court [01:55:21.320 --> 01:55:28.320] The federal court cannot hear the state issues, they must sever them and remand [01:55:28.320 --> 01:55:31.320] Quiet title is a state issue, period [01:55:31.320 --> 01:55:41.320] So we filed this and the lawyer on the other side apparently couldn't find anything else to argue [01:55:41.320 --> 01:55:47.320] So he claimed that they were not the creditor [01:55:47.320 --> 01:55:53.320] He filed a rule 12 motion to dismiss claiming that he was not the creditor [01:55:53.320 --> 01:55:55.320] Wells Fargo wasn't the creditor [01:55:55.320 --> 01:56:01.320] So I filed a non-suit immediately [01:56:01.320 --> 01:56:09.320] What that did is, the fact that he claimed he was not the creditor, that was a mistake [01:56:09.320 --> 01:56:13.320] That was a big blunder and I believe in bushwhack [01:56:13.320 --> 01:56:16.320] I bushwhacked him with a non-suit [01:56:16.320 --> 01:56:21.320] The non-suit means he can't correct his error, now he can't come back [01:56:21.320 --> 01:56:27.320] Wells Fargo can never come back and make a claim against the property because the subject had an estoppel [01:56:27.320 --> 01:56:30.320] Oh yeah, I get you, that's brilliant [01:56:30.320 --> 01:56:35.320] So, file a quiet title, they'll remove it to the federal court [01:56:35.320 --> 01:56:45.320] Use the 2011 Venue and Removal Clarification Act to challenge the subject matter jurisdiction of the court [01:56:45.320 --> 01:56:48.320] Do not file a motion to remand [01:56:48.320 --> 01:56:52.320] File a challenge to subject matter jurisdiction [01:56:52.320 --> 01:56:55.320] This is all going to happen, yeah [01:56:55.320 --> 01:57:00.320] Do you have a suggestion of a good source of information? [01:57:00.320 --> 01:57:05.320] I mean, other than you, but a book, something that really works with this? [01:57:05.320 --> 01:57:10.320] I know Dave Krieger has one on this, do you have any suggestions? [01:57:10.320 --> 01:57:16.320] Well, David Krieger is a very good researcher, but I haven't followed him lately [01:57:16.320 --> 01:57:21.320] I don't know that there are any out there [01:57:21.320 --> 01:57:32.320] And when you're asking for arguments that have won, that's really hard to do because this issue's not old enough [01:57:32.320 --> 01:57:38.320] It takes five to seven years to adjudicate one of these through the courts [01:57:38.320 --> 01:57:45.320] And the crash happened in 07 or the end of 07, beginning of 08 [01:57:45.320 --> 01:57:53.320] And we have barely enough time for these cases to make their way through the court [01:57:53.320 --> 01:57:57.320] So, no, I don't have... [01:57:57.320 --> 01:58:02.320] I have a lot of people that are making these arguments, and they're good sounding arguments [01:58:02.320 --> 01:58:08.320] But to find some that are completely adjudicated, that's hard to find [01:58:08.320 --> 01:58:21.320] I'm going to read his book, I'm having so much fun just recognizing what's potential with an FCRA suit against the servicer and all that other stuff [01:58:21.320 --> 01:58:29.320] I've heard you guys talk very much about that, but there's a lot more money at stake with the FCRA, I love that [01:58:29.320 --> 01:58:36.320] I need to look at that, I have the FCRA, but that's one of the ones I haven't converted to a questionnaire or studied much [01:58:36.320 --> 01:58:38.320] So I really need to do that [01:58:38.320 --> 01:58:40.320] Hang on, we're about to go to break [01:58:40.320 --> 01:58:45.320] Randy Kelton, Little Bell Radio, calling number 51264 [01:58:45.320 --> 01:58:47.320] Wait a minute, we're out of time [01:58:47.320 --> 01:58:49.320] You're out of time, yeah [01:58:49.320 --> 01:58:50.320] We'll be back [01:58:50.320 --> 01:58:57.320] Bibles for America is offering absolutely free a unique study Bible called the New Testament Recovery Version [01:58:57.320 --> 01:59:04.320] The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says verse by verse [01:59:04.320 --> 01:59:08.320] Helping you to know God and to know the meaning of life [01:59:08.320 --> 01:59:11.320] Order your free copy today from Bibles for America [01:59:11.320 --> 01:59:16.320] Call us toll free at 888-551-0102 [01:59:16.320 --> 01:59:20.320] Or visit us online at bfa.org [01:59:20.320 --> 01:59:25.320] This translation is highly accurate and it comes with over 13,000 cross references [01:59:25.320 --> 01:59:30.320] Plus charts and maps and an outline for every book of the Bible [01:59:30.320 --> 01:59:32.320] This is truly a Bible you can understand [01:59:32.320 --> 01:59:40.320] To get your free copy of the New Testament Recovery Version call us toll free at 888-551-0102 [01:59:40.320 --> 01:59:44.320] That's 888-551-0102 [01:59:44.320 --> 01:59:49.320] Or visit us online at bfa.org [01:59:49.320 --> 01:59:53.320] Looking for some truth? 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