[00:00.000 --> 00:10.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the daily bulletins for the commodity market.
[00:10.000 --> 00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.000 --> 00:45.000]  Markets for Monday, the 22nd of August, 2016, are currently treading with gold at $1,336.63 an ounce, silver $18.86 an ounce, Texas crude $47.05 a barrel, and Bitcoin is currently sitting at about $585 U.S. currency.
[00:45.000 --> 01:01.000]  Today in history, the year 1902, the Cadillac Motor Company is founded, and in the same year, President Theodore Roosevelt becomes the first president of the United States to ride in an automobile, though it wasn't a Cadillac.
[01:01.000 --> 01:11.000]  In recent news, a U.S. District Judge Lee Yackel denied the request of three University of Texas and Austin professors to block the implementation of the state's campus carry law.
[01:11.000 --> 01:23.000]  The judge said that the professors had failed to establish a substantial likelihood of ultimate success on the merits of their assertive claims, which were that guns in classrooms violate free speech and equal protection rights.
[01:23.000 --> 01:31.000]  UT President Gregory Fernvez said in a written statement that the university would continue to work with faculty members concerned about the law.
[01:31.000 --> 01:36.000]  He added that he's committed to upholding the school's core values of academic freedom and free speech.
[01:36.000 --> 01:57.000]  While Attorney General Ken Paxton said that he was pleased but not surprised by the decision and that there is simply no legal justification to deny licensed, law-abiding citizens on campus the same measure of personal protection they are entitled to elsewhere in Texas.
[01:57.000 --> 02:06.000]  The Redland Unified School District settled on and agreed to pay out $6 million to a victim of sexual abuse by one of their teachers at one of their high schools.
[02:06.000 --> 02:19.000]  The attorney for the victim, Vince Finaldi, stated that this is the largest child sexual abuse settlement against a public entity in U.S. history, reason being, he is saying, that the school district knew that Laura Whitehurst was sexually abusing students and did nothing about it,
[02:19.000 --> 02:28.000]  and the spokesperson for the district obviously denies that they knew anything about the abuse, clarifying that it was just the district wanting to avoid further costly legal battles.
[02:28.000 --> 02:39.000]  The school district is assuring teachers and parents that the $6 million settlement will not affect its budget for teachers and other educational expenses.
[02:39.000 --> 02:54.000]  If Texas had succeeded before this year, it would have ranked third in the world in the 2016 Olympics. Texas alone took home 42 medals, 26 gold, 6 silver, and 10 bronze in the 2016 Rio de Janeiro Olympics.
[02:54.000 --> 03:17.000]  This is Brooks Rody for your Lowdown on August 22, 2016.
[03:17.000 --> 03:28.000]  Okay, we are back. Randy Kelton, Rue of La Radio, and we're talking to Colleen in New York. Hello, Colleen. I got your emails.
[03:28.000 --> 03:41.000]  I looked at your Statement of Facts, and your Statement of Facts is well done. I haven't had time to go through all of it yet, but from what I saw of it, it's pretty well written.
[03:41.000 --> 03:51.000]  So that's going to make life a lot easier. Oh, I was concerned. I said, I'm sure I've done it wrong. This is my first time.
[03:51.000 --> 04:01.000]  Now, Scott, the caller before you, his first Statement of Facts was really, really a mess.
[04:01.000 --> 04:11.000]  But to Scott's credit, he took construction well, and he's gotten much, much better. Yours is pretty good already.
[04:11.000 --> 04:17.000]  You stated facts and not a bunch of argument and support.
[04:17.000 --> 04:22.000]  I know it was a lot of pages, but it's so many facts. I cut some out so I don't overload you.
[04:22.000 --> 04:32.000]  This is what I do with a Statement of Facts. When I get a Statement of Facts, yours had some formatting issues where everything was shifted over to one side.
[04:32.000 --> 04:45.000]  Once I straightened that out, there weren't so many pages. And then I go in and do a search for period space space and replace that with period space space carriage return.
[04:45.000 --> 04:56.000]  And then I number everything. I want every sentence as a separate numbered paragraph.
[04:56.000 --> 05:01.000]  Every sentence or, okay, you mean each paragraph is a number?
[05:01.000 --> 05:09.000]  No, every sentence. Sometimes I'll add two sentences together if they're absolutely connected.
[05:09.000 --> 05:19.000]  But generally, I want every sentence on a separate line. It makes it a lot easier to sort these out.
[05:19.000 --> 05:26.000]  If you write a Statement of Facts that way, then you avoid run-on sentences for one thing.
[05:26.000 --> 05:38.000]  And you avoid a nefarious statement and nefarious in law when someone asks a question, objection, nefarious.
[05:38.000 --> 05:44.000]  That means they've asked from, I'm sorry, not nefarious, multifarious.
[05:44.000 --> 05:50.000]  That means they've asked more than one question in what appears to be one.
[05:50.000 --> 06:00.000]  You make more than one statement in a sentence if the sentence gets too long and it disrupts the Statement of Facts.
[06:00.000 --> 06:09.000]  You need to put each fact separate so that you put a period, that's the end of this fact, and then you go to the next one.
[06:09.000 --> 06:23.000]  And that will help you when you start stacking these together to pay close attention to how they connect to one another.
[06:23.000 --> 06:30.000]  So instead of a paragraph, just put sentences separate basically?
[06:30.000 --> 06:38.000]  The problem inside a paragraph, you can kind of float around inside a paragraph and lose your direction.
[06:38.000 --> 06:45.000]  While you go into the paragraph, go into one place and you come out going somewhere else.
[06:45.000 --> 06:57.000]  When I write legal documents, almost every paragraph has a table of contents heading on it.
[06:57.000 --> 07:00.000]  I do lots of them.
[07:00.000 --> 07:06.000]  The table of contents heading says, this is what I'm going to talk about in this paragraph.
[07:06.000 --> 07:12.000]  And sometimes I have to put a second paragraph, but most of the time I want it to be one paragraph.
[07:12.000 --> 07:21.000]  And that's a good mental discipline for writing coherent documents.
[07:21.000 --> 07:26.000]  You've got so much stuff in your brain.
[07:26.000 --> 07:29.000]  Oh, exactly.
[07:29.000 --> 07:36.000]  You try to get it all on paper and you wind up feeding your reader with a fire hose.
[07:36.000 --> 07:39.000]  Oh, yes, I definitely did.
[07:39.000 --> 07:41.000]  Oh, I apologize.
[07:41.000 --> 07:43.000]  Oh, no, no, yours was pretty good.
[07:43.000 --> 07:44.000]  I didn't find that problem.
[07:44.000 --> 07:45.000]  This is just a comment.
[07:45.000 --> 07:48.000]  This is what I do all the time.
[07:48.000 --> 07:55.000]  And I've needed a co-host on this show because I have so much information here.
[07:55.000 --> 08:04.000]  I struggle in knowing what I need to say and what I don't need to say.
[08:04.000 --> 08:11.000]  And I really need a co-host to tell me you can shut up now.
[08:11.000 --> 08:22.000]  When I'm writing, I've tried to develop some tools that helps keep me from running off the subject onto something related.
[08:22.000 --> 08:25.000]  You just get lost all over the place.
[08:25.000 --> 08:29.000]  In constructing these documents, I've had a lot of trouble with that.
[08:29.000 --> 08:37.000]  But when I started breaking them down into small pieces, that helped to fix it.
[08:37.000 --> 08:44.000]  When you create a lot of headings, like when you do a statement of facts where everything is one sentence,
[08:44.000 --> 08:50.000]  you'll start writing this sentence and you'll think, wait a minute, wait a minute, I've already done that.
[08:50.000 --> 08:56.000]  And then you can go back up it and you find yourself repeating things.
[08:56.000 --> 09:02.000]  If you have it all in paragraphs, you won't notice when you're being redundant that way.
[09:02.000 --> 09:03.000]  But yours is pretty good.
[09:03.000 --> 09:07.000]  We had a good statement of facts.
[09:07.000 --> 09:09.000]  And I will try to get to it this week.
[09:09.000 --> 09:12.000]  I've had a really heavy week.
[09:12.000 --> 09:13.000]  No problem.
[09:13.000 --> 09:15.000]  Have you received the previous email?
[09:15.000 --> 09:21.000]  It was just the address listed in my parents' block number of their property.
[09:21.000 --> 09:34.000]  I've got a number of – I got a set, I think a day or two ago, and then I got another set this morning of emails from them.
[09:34.000 --> 09:35.000]  Okay.
[09:35.000 --> 09:36.000]  Oh, I apologize.
[09:36.000 --> 09:37.000]  I think –
[09:37.000 --> 09:38.000]  No, no, that's not a problem.
[09:38.000 --> 09:39.000]  That's not a problem.
[09:39.000 --> 09:41.000]  To make sure that you receive them.
[09:41.000 --> 09:48.000]  Yes, that helps because I get so many emails a day, sometimes they get buried.
[09:48.000 --> 09:49.000]  Okay.
[09:49.000 --> 09:51.000]  I have to be reminded.
[09:51.000 --> 09:52.000]  Okay.
[09:52.000 --> 09:55.000]  What is your question or comment for today?
[09:55.000 --> 10:05.000]  My question and comment – what I wanted to know is, is it necessary to file an OCC complaint?
[10:05.000 --> 10:07.000]  OCC complaint?
[10:07.000 --> 10:10.000]  Not – the office has come to the currency.
[10:10.000 --> 10:18.000]  There's a – no, it's not necessary to file any of those, but it doesn't hurt.
[10:18.000 --> 10:19.000]  Okay.
[10:19.000 --> 10:28.000]  I just – I wanted to make sure because the consumer – I believe it's the consumer financial protection barrel.
[10:28.000 --> 10:37.000]  I basically visited this site in terms of lender fraud and mortgage servicing fraud,
[10:37.000 --> 10:46.000]  and I basically noticed a lot of cases were against the lender that currently has my parents' loan right now.
[10:46.000 --> 10:57.000]  And it's been a lot of basically fraud, foreclosure fraud, frauding with other consumers who's had that bank – who's – bank has their loan.
[10:57.000 --> 11:06.000]  So I was wondering if it made sense to file an OCC complaint against the lender and just from my reading the articles.
[11:06.000 --> 11:10.000]  It does, but not yet.
[11:10.000 --> 11:11.000]  Okay.
[11:11.000 --> 11:12.000]  Okay.
[11:12.000 --> 11:13.000]  Not necessarily yet.
[11:13.000 --> 11:14.000]  Okay.
[11:14.000 --> 11:16.000]  Give me a while.
[11:16.000 --> 11:22.000]  I'm an engineer, and engineers, we want the details.
[11:22.000 --> 11:32.000]  And once I get the details, what I do is you give me a problem for which you need a solution,
[11:32.000 --> 11:39.000]  and then I take what's available and rearrange it so I can create the solution.
[11:39.000 --> 11:42.000]  That's what engineers do.
[11:42.000 --> 11:47.000]  So the first thing I want to do is find out what all the parameters are.
[11:47.000 --> 11:53.000]  First, we want to look at this and say, what all have they done wrong?
[11:53.000 --> 12:05.000]  And of the things that they've done wrong, which – for which of those do we have potential remedy?
[12:05.000 --> 12:13.000]  Now, that gives us a set of claims we could make, and then we look at the claims and say, okay,
[12:13.000 --> 12:21.000]  how can we take these claims and structure them in a way so that each claim will add to the next
[12:21.000 --> 12:33.000]  and tend to build a cogent and coherent story of improper behavior?
[12:33.000 --> 12:37.000]  And once you got kind of – now we have a plan.
[12:37.000 --> 12:45.000]  Now we look at it and say, okay, let's not play checkers, let's play chess.
[12:45.000 --> 12:53.000]  How do we go back and start doing pawn moves?
[12:53.000 --> 13:02.000]  I spoke to that earlier in petition for a declaratory judgment.
[13:02.000 --> 13:06.000]  That's a great tool for pawn moves.
[13:06.000 --> 13:10.000]  You're not tipping your hand to the opposing side yet.
[13:10.000 --> 13:18.000]  I have a friend out of San Diego that five years ago we started a suit against his lender
[13:18.000 --> 13:21.000]  and stopped the lender from foreclosing.
[13:21.000 --> 13:26.000]  And the suit was – who the heck are you?
[13:26.000 --> 13:27.000]  I don't know who you are.
[13:27.000 --> 13:29.000]  I never entered into contract with you.
[13:29.000 --> 13:32.000]  Never entered into contract with your alleged principal.
[13:32.000 --> 13:33.000]  Who are you?
[13:33.000 --> 13:38.000]  What agency, standing, and legal capacity do you have to make a claim against this property?
[13:38.000 --> 13:41.000]  Well, that's a pawn move.
[13:41.000 --> 13:45.000]  We're not really going after them.
[13:45.000 --> 13:52.000]  We're just asking them to prove up their ability to come after us.
[13:52.000 --> 13:58.000]  And if they can't do it, that's a pawn you've got out there in front of them
[13:58.000 --> 14:01.000]  and they cannot get around it.
[14:01.000 --> 14:04.000]  They want to try to come at you with all their other claims,
[14:04.000 --> 14:08.000]  and they've got this res judicata already being adjudicated,
[14:08.000 --> 14:13.000]  stuck out there in front of them, and they can't get past it.
[14:13.000 --> 14:19.000]  If you go in with a fraud suit, the first thing you're going to do is rule a club motion
[14:19.000 --> 14:22.000]  to dismiss a failure state of claim of which whoever can be had,
[14:22.000 --> 14:27.000]  and the court's going to dismiss your case out of hand without regard to the right of things
[14:27.000 --> 14:28.000]  or the rule of law.
[14:28.000 --> 14:30.000]  That's just how it works.
[14:30.000 --> 14:31.000]  Right.
[14:31.000 --> 14:32.000]  That's what I'm nervous about.
[14:32.000 --> 14:37.000]  So what if this person do differently to have the lender stop the foreclosure?
[14:37.000 --> 14:40.000]  I just, because I want to get to that point, but I'm so...
[14:40.000 --> 14:41.000]  Okay.
[14:41.000 --> 14:42.000]  That's easy.
[14:42.000 --> 14:46.000]  All you have to do, you know, okay, you got these guys doing foreclosures.
[14:46.000 --> 14:49.000]  Ninety-five percent of foreclosures are not opposed.
[14:49.000 --> 14:51.000]  So they're just cranking them out.
[14:51.000 --> 14:54.000]  And they're making a lot of money cranking them out.
[14:54.000 --> 14:57.000]  And then all of a sudden they get a hiccup.
[14:57.000 --> 15:00.000]  Somebody opposes it.
[15:00.000 --> 15:05.000]  Oh, man, god, god, we're going to have to go to work on this one.
[15:05.000 --> 15:08.000]  And so they put it over here on this other pile.
[15:08.000 --> 15:12.000]  And we'll get to that when we get around to it.
[15:12.000 --> 15:18.000]  They don't want to proceed in case you have a really good claim,
[15:18.000 --> 15:21.000]  because a lot of the problems they have doing foreclosures
[15:21.000 --> 15:26.000]  is the foreclosure mill gets this mortgage to foreclose on.
[15:26.000 --> 15:31.000]  And a lot of times the mortgage was really messed up before they got it.
[15:31.000 --> 15:33.000]  Now, they're going to try to foreclose anyway.
[15:33.000 --> 15:38.000]  They don't care, because 95 percent are not opposed.
[15:38.000 --> 15:42.000]  So it doesn't matter how messed up it is if you're not opposed.
[15:42.000 --> 15:44.000]  But when somebody indicates they're going to oppose,
[15:44.000 --> 15:50.000]  now you've got to stop and go back and take a close look at what you got here.
[15:50.000 --> 15:53.000]  What are the potential pitfalls?
[15:53.000 --> 15:56.000]  How can I get in trouble here?
[15:56.000 --> 15:59.000]  How can I wind up tied up in court forever?
[15:59.000 --> 16:03.000]  Or what's going to get me countersued?
[16:03.000 --> 16:08.000]  If I do a wrongful foreclosure and I throw this guy out in the street
[16:08.000 --> 16:11.000]  and he comes back and countersues me
[16:11.000 --> 16:14.000]  and there was anything wrong with that foreclosure,
[16:14.000 --> 16:19.000]  I can be subject to having to pay him damages for being wrongfully evicted.
[16:19.000 --> 16:23.000]  Like if they filed a notice of acceleration
[16:23.000 --> 16:29.000]  and they didn't include the trustee's address in the notice.
[16:29.000 --> 16:32.000]  The notice of acceleration is void.
[16:32.000 --> 16:34.000]  The foreclosure is void.
[16:34.000 --> 16:37.000]  Even if he had the right to, the way you did it was void,
[16:37.000 --> 16:40.000]  that means you've got to pay him damages.
[16:40.000 --> 16:42.000]  So they want to avoid that kind of thing,
[16:42.000 --> 16:44.000]  and that's what will stop them very quickly.
[16:44.000 --> 16:46.000]  Hang on, about to go to break.
[16:46.000 --> 16:51.000]  Randy Kelton, Rue of La Radio, or call in number 512-646-1984.
[16:51.000 --> 16:54.000]  The call boards are full, so if you can't get through,
[16:54.000 --> 16:56.000]  make sure someone drops off.
[16:56.000 --> 16:59.000]  As soon as you're finished with the call, you can call back in.
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[19:11.000 --> 19:14.000]  Well, don't let that get to you.
[19:14.000 --> 19:17.000]  Only the father can deliver you.
[19:17.000 --> 19:20.000]  Don't let bad-minded people hurt you.
[19:20.000 --> 19:24.000]  And just say it and get behind them.
[19:24.000 --> 19:25.000]  Okay, we are back.
[19:25.000 --> 19:30.000]  Randy Kelcom, The Root of Low Radio, and I'm talking to Colleen in New York.
[19:30.000 --> 19:33.000]  Okay.
[19:33.000 --> 19:41.000]  Over the years, I've kind of developed a way to go about this.
[19:41.000 --> 19:45.000]  And you have a lot of people out there that go out and try to find something
[19:45.000 --> 19:48.000]  they can throw at the lender and then they grab everything they got
[19:48.000 --> 19:52.000]  and they just sling it at the lender and try to see what sticks.
[19:52.000 --> 19:56.000]  Well, nothing sticks.
[19:56.000 --> 19:59.000]  So that method doesn't work very well.
[19:59.000 --> 20:06.000]  And over time, it's became clear that the best thing we can do is drag this out.
[20:06.000 --> 20:13.000]  Now, for the most part, people facing foreclosure, this is hard on them
[20:13.000 --> 20:19.000]  because it's stressful being afraid that anytime next week or next month,
[20:19.000 --> 20:22.000]  you may be forced to move on a moment's notice.
[20:22.000 --> 20:31.000]  Well, that's not the case, but people who are not accustomed to how the system works,
[20:31.000 --> 20:35.000]  they're afraid of that and it creates a tremendous amount of stress.
[20:35.000 --> 20:40.000]  And I try to find ways of eliminating that stress.
[20:40.000 --> 20:48.000]  One of the ways is, a friend of mine in California that we filed one of my
[20:48.000 --> 20:52.000]  pawn move suits six years ago.
[20:52.000 --> 20:57.000]  And he's been motions backing forth for six years.
[20:57.000 --> 21:00.000]  We're about to go to the Supreme Court.
[21:00.000 --> 21:03.000]  And I tell him, look at it this way, Rick.
[21:03.000 --> 21:09.000]  You've been living rent free for six years.
[21:09.000 --> 21:17.000]  So you're making about, the guy next door has leased out his house for $4,000 a month.
[21:17.000 --> 21:21.000]  So you're making about $4,000 a month.
[21:21.000 --> 21:23.000]  How does that work out for you?
[21:23.000 --> 21:29.000]  And one thing I suggest, Colleen, you fight these people.
[21:29.000 --> 21:31.000]  Pay the mortgage.
[21:31.000 --> 21:35.000]  I just thought I had no life in the case to do that.
[21:35.000 --> 21:40.000]  What I wanted to know, is there any life in the statement of facts?
[21:40.000 --> 21:42.000]  Because someone could say, well, that's what that's for.
[21:42.000 --> 21:44.000]  I can guarantee you.
[21:44.000 --> 21:45.000]  I'll go through it, I bet.
[21:45.000 --> 21:46.000]  I guarantee you.
[21:46.000 --> 21:52.000]  I will find more stuff to throw with them than they can keep up with.
[21:52.000 --> 21:57.000]  They cannot do it right.
[21:57.000 --> 22:02.000]  They know they can't do it right and they don't care.
[22:02.000 --> 22:06.000]  Every once in a while, somebody comes along and stings them.
[22:06.000 --> 22:09.000]  And that's the cost of doing business.
[22:09.000 --> 22:14.000]  So as far as finding something wrong with the foreclosure,
[22:14.000 --> 22:17.000]  I guarantee you that is a piece of cake.
[22:17.000 --> 22:19.000]  That's not the hard part.
[22:19.000 --> 22:24.000]  The hard part is then figuring out how to take it on.
[22:24.000 --> 22:29.000]  So the way we take it on is pieces.
[22:29.000 --> 22:35.000]  We start out with declaratory judgment.
[22:35.000 --> 22:40.000]  Declaratory judgment can't be dismissed under Rule 12.
[22:40.000 --> 22:45.000]  Anything you file, you file it in the state court, you file it in the federal court,
[22:45.000 --> 22:49.000]  the other side is going to immediately file a Rule 12 motion for failure
[22:49.000 --> 22:52.000]  of state of claim and which recovery can be had.
[22:52.000 --> 22:59.000]  And it doesn't make any difference how well you craft your complaint.
[22:59.000 --> 23:02.000]  The judges have been bought and paid for.
[23:02.000 --> 23:08.000]  They're going to throw it out no matter what.
[23:08.000 --> 23:10.000]  It's what they do.
[23:10.000 --> 23:11.000]  And that's okay.
[23:11.000 --> 23:13.000]  Yes, and I'm afraid of.
[23:13.000 --> 23:14.000]  No, that's okay.
[23:14.000 --> 23:17.000]  It's just a parameter.
[23:17.000 --> 23:19.000]  This is how it works.
[23:19.000 --> 23:23.000]  Now, we may not like how it works, but we just got to understand how it works.
[23:23.000 --> 23:26.000]  You see this big humongous thing that rises up in the sky,
[23:26.000 --> 23:29.000]  hangs there a while, boom, smashes to the ground.
[23:29.000 --> 23:32.000]  Big humongous thing rises back up in the sky, hangs there a while, boom,
[23:32.000 --> 23:33.000]  it crashes to the ground.
[23:33.000 --> 23:37.000]  Now, you might say, well, that's a stupid idea.
[23:37.000 --> 23:43.000]  But first, get out from under it or you'll get smashed.
[23:43.000 --> 23:47.000]  Find out how things work and do them that way.
[23:47.000 --> 23:51.000]  The courts are going to rule against you out of hand at every turn.
[23:51.000 --> 23:53.000]  Well, maybe they won't.
[23:53.000 --> 23:58.000]  But we need to go at this from the perspective that that's what they will do.
[23:58.000 --> 24:03.000]  And so we design our approach so that we don't care.
[24:03.000 --> 24:07.000]  That's why we don't throw everything at them at once.
[24:07.000 --> 24:10.000]  We throw one thing at them at a time,
[24:10.000 --> 24:21.000]  and we want to make what we throw at them as clean, crisp, and well-designed as we can.
[24:21.000 --> 24:26.000]  So how do we go about that as far as throwing what at them?
[24:26.000 --> 24:29.000]  I'm going to look at the assignments.
[24:29.000 --> 24:35.000]  This is how it generally worked since the year 2000.
[24:35.000 --> 24:44.000]  In 1907, there was a stock market crash, and it was caused by what they called bucket shops.
[24:44.000 --> 24:50.000]  Someone could go in and bet on a stock without actually purchasing it.
[24:50.000 --> 24:53.000]  They'd just bet on whether it was going to rise or fall.
[24:53.000 --> 25:02.000]  And that speculating on these stocks destabilized the stock market and caused the crash in 1907.
[25:02.000 --> 25:06.000]  So the legislature got together and made it a felony to do that.
[25:06.000 --> 25:09.000]  That's called derivatives trading.
[25:09.000 --> 25:22.000]  And then in 1929, there was a rather serious stock market crash caused by banks speculating with investor funds.
[25:22.000 --> 25:32.000]  And the Glass-Steagall Act was passed in 1931 to prevent that from happening again.
[25:32.000 --> 25:40.000]  In 1995, the banks got together, and they put together this company called Morgan's Electronic Registration Systems.
[25:40.000 --> 25:41.000]  Right.
[25:41.000 --> 25:43.000]  That's what my parents were involved with.
[25:43.000 --> 25:46.000]  That was what they did to their loans, a lot of all of that.
[25:46.000 --> 25:47.000]  Okay.
[25:47.000 --> 25:51.000]  Here's the problem in 1995.
[25:51.000 --> 25:59.000]  It was illegal to do what they put together Morgan's Electronic Registration Systems to do.
[25:59.000 --> 26:03.000]  And it would be illegal until the year 2000.
[26:03.000 --> 26:13.000]  In 1999, the bankers bought enough of your elected officials to get the Glass-Steagall Act overturned.
[26:13.000 --> 26:20.000]  And then in the year 2000, the last thing the legislature did before it closed Syndyne,
[26:20.000 --> 26:26.000]  that means if a bill is in the legislature and it's not signed, it dies this debt,
[26:26.000 --> 26:35.000]  the last thing they did was remove the restriction on derivatives trading and open the floodgates.
[26:35.000 --> 26:43.000]  So these companies, they would, the banks put together mortgage companies.
[26:43.000 --> 26:50.000]  And they'd have these mortgage companies go out and sell these mortgages to people.
[26:50.000 --> 26:53.000]  They did not care if you could pay the mortgage or not.
[26:53.000 --> 26:57.000]  As a matter of fact, they didn't want you to pay the mortgage.
[26:57.000 --> 27:03.000]  And I know that doesn't seem rational because they're going to give you $200,000 to purchase a property rent,
[27:03.000 --> 27:05.000]  and they don't want you to pay it back.
[27:05.000 --> 27:07.000]  Yeah, I believe that they would do something like that.
[27:07.000 --> 27:09.000]  They want to take the property back.
[27:09.000 --> 27:11.000]  Here's the reason.
[27:11.000 --> 27:14.000]  We have this mortgage company here.
[27:14.000 --> 27:22.000]  And they put together as few as three mortgages with the same interest rate.
[27:22.000 --> 27:29.000]  They could clump them together in a pool and file it with the, with Ginnie Mae.
[27:29.000 --> 27:37.000]  And then Ginnie Mae backed these pool mortgages.
[27:37.000 --> 27:44.000]  And then these mortgages, they would all, one company would get together and buy a whole bunch of them.
[27:44.000 --> 27:47.000]  That was called a special purpose vehicle.
[27:47.000 --> 27:51.000]  And they put all these mortgages together in large pools.
[27:51.000 --> 27:59.000]  Well, each time they filed one of these, they would buy, get private mortgage insurance on it.
[27:59.000 --> 28:07.000]  Well, you've got to file this with the, with the document custodian.
[28:07.000 --> 28:21.000]  Well, what's to keep the lender from taking your mortgage, changing the interest rate, and filing it again?
[28:21.000 --> 28:23.000]  And I'm sorry, I need to back up.
[28:23.000 --> 28:28.000]  They get these mortgages and they sell them to a special purpose vehicle.
[28:28.000 --> 28:30.000]  Who's going to put them in these big pools?
[28:30.000 --> 28:32.000]  And then they file them with Ginnie Mae.
[28:32.000 --> 28:38.000]  Well, what's to keep them from changing the interest rate, filing it again with the document,
[28:38.000 --> 28:46.000]  with a different document custodian, and selling that to the same buyer?
[28:46.000 --> 28:52.000]  China accused Bank of America of selling them the same note 20 times.
[28:52.000 --> 28:55.000]  So here, here's what they want to happen.
[28:55.000 --> 29:05.000]  They want you to pay on the mortgage until it's reduced by 15% because private mortgage insurance,
[29:05.000 --> 29:10.000]  the first mortgage was, private mortgage insurance was a standard insurance.
[29:10.000 --> 29:14.000]  Everyone after that was a derivative.
[29:14.000 --> 29:16.000]  The derivative insurance is not regulated.
[29:16.000 --> 29:20.000]  It's on the secondary market.
[29:20.000 --> 29:28.000]  And they would create copies of this note and keep selling it and buy insurance for each one they sold.
[29:28.000 --> 29:33.000]  Each time they sold it, they got 103% of the original principal.
[29:33.000 --> 29:45.000]  Then after you've paid down 15%, they want it to foreclose because all of these insurance policies will pay off.
[29:45.000 --> 29:47.000]  Hang on, going to break.
[29:47.000 --> 30:01.000]  We'll be right back.
[30:01.000 --> 30:05.000]  A NASA probe found something on the moon that has space entrepreneurs starry-eyed,
[30:05.000 --> 30:08.000]  and they're already seeing the green, but it's not green cheese.
[30:08.000 --> 30:14.000]  I'm Dr. Catherine Albrecht, and I'll tell you about the business opportunity they discovered in a moment.
[30:14.000 --> 30:18.000]  Your search engine is watching you, recording all your searches,
[30:18.000 --> 30:21.000]  and creating a massive database of your personal information.
[30:21.000 --> 30:24.000]  That's creepy, but it doesn't have to be that way.
[30:24.000 --> 30:27.000]  Startpage.com is the world's most private search engine.
[30:27.000 --> 30:32.000]  Startpage doesn't store your IP address, make a record of your searches, or use tracking cookies,
[30:32.000 --> 30:34.000]  and they're third-party certified.
[30:34.000 --> 30:38.000]  If you don't like Big Brother spying on you, start over with Startpage.
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[30:41.000 --> 30:44.000]  Startpage.com, the world's most private search engine.
[30:44.000 --> 30:49.000]  A NASA probe has found billions of gallons of frozen water on the moon,
[30:49.000 --> 30:52.000]  and space entrepreneurs plan to make a fortune by mining it.
[30:52.000 --> 30:56.000]  The moon's ice could be defrosted, purified, and used for drinking water.
[30:56.000 --> 31:03.000]  It could also be split into oxygen and hydrogen, oxygen for breathing, and hydrogen to power rocket ships.
[31:03.000 --> 31:08.000]  Companies are already dreaming up plans to sell moon fuel at low-orbit fueling stations,
[31:08.000 --> 31:11.000]  where space travelers can top off their tanks.
[31:11.000 --> 31:17.000]  Futurists predict the moon's water will power a new wave of space trade, exploration, and out-of-this-world living.
[31:17.000 --> 31:21.000]  It seems it may also make some people astronomically rich.
[31:21.000 --> 31:40.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:52.000 --> 32:01.000]  Call 888-910-4367 and see what our powder, seeds, and oil can do for you, only at MQSA.org.
[32:01.000 --> 32:05.000]  Rule of Law Radio is proud to offer the Rule of Law Traffic Center.
[32:05.000 --> 32:08.000]  In today's America, we live in an us-against-them society,
[32:08.000 --> 32:10.000]  and if we, the people, are ever going to have a free society,
[32:10.000 --> 32:13.000]  then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:16.000]  Among those rights are the right to travel freely from place to place,
[32:16.000 --> 32:20.000]  the right to act in our own private capacity, and most importantly, the right to due process of law.
[32:20.000 --> 32:26.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[32:26.000 --> 32:29.000]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[32:29.000 --> 32:34.000]  has put together the most comprehensive teaching tool available that will help you understand what due process is
[32:34.000 --> 32:36.000]  and how to hold courts to the rule of law.
[32:36.000 --> 32:41.000]  You can get your own copy of this invaluable material by going to RuleOfLawRadio.com and ordering your copy today.
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[32:55.000 --> 33:00.000]  Order your copy today, and together we can have the free society we all want and deserve.
[33:00.000 --> 33:07.000]  Live, free speech radio, LogosRadioNetwork.com.
[33:15.000 --> 33:21.000]  Okay, we are back. Randy Kelton, Rule of Law Radio. We're talking to Colleen from New York,
[33:21.000 --> 33:27.000]  and I'm going through this as an overview so you better understand why I'm confident we can go after them.
[33:27.000 --> 33:36.000]  So what they do is they sell this over and over and over, and they want this thing to foreclose,
[33:36.000 --> 33:40.000]  because when it forecloses, all of the insurance policies pay off.
[33:40.000 --> 33:48.000]  If they don't foreclose, then the mortgage company, because when they sell a bunch of these,
[33:48.000 --> 33:51.000]  each time you make a payment, they have to match that payment with all these others.
[33:51.000 --> 33:58.000]  But they sold it and got 100% of the original loan amount, so they got this big pool of money.
[33:58.000 --> 34:05.000]  And if it doesn't foreclose, they're going to have to pay all of these mortgages off.
[34:05.000 --> 34:11.000]  It's going to cost them a fortune, so they need it to go into foreclosure.
[34:11.000 --> 34:25.000]  And what the mortgage company does is they then sell the original mortgage back to the bank
[34:25.000 --> 34:30.000]  that actually owns the mortgage company, and they show to sell it at a loss,
[34:30.000 --> 34:36.000]  so that the original mortgage is sold back to the bank at a loss.
[34:36.000 --> 34:46.000]  It's a high-profit predatory loan, and the bank gets to hide all the profits in the mortgage company,
[34:46.000 --> 34:48.000]  and then the mortgage company goes out of business.
[34:48.000 --> 34:54.000]  They bankrupt because they're losing money, and they get to bankrupt out of all of the high profits,
[34:54.000 --> 35:00.000]  so it's an IRS scheme, but it causes them a problem.
[35:00.000 --> 35:13.000]  When they pool these mortgages together into one pool, they then sell percentages of it to investors.
[35:13.000 --> 35:16.000]  This is where the problem comes in.
[35:16.000 --> 35:20.000]  On the surface, this looks like a great idea.
[35:20.000 --> 35:28.000]  You have long-term mortgages, 30-year mortgages, and then you have long-term investments, retirement funds.
[35:28.000 --> 35:31.000]  It seemed like the perfect marriage.
[35:31.000 --> 35:41.000]  Problem, real property mortgages have reporting requirements that other types of securities would not have.
[35:41.000 --> 35:45.000]  Any time there's a change in the beneficial interest in the note,
[35:45.000 --> 35:52.000]  then that change in beneficial interest under the Real Estate Presettlement Procedures Act
[35:52.000 --> 35:59.000]  is required to be reported to the borrower and filed in the public record.
[35:59.000 --> 36:05.000]  Filing in the public record was the problem because it's between 25 and 50 bucks a pop.
[36:05.000 --> 36:16.000]  If you've got 10,000 notes in a pool and you sell off 2% of that pool, you have to do 10,000 filings,
[36:16.000 --> 36:22.000]  and that's the cost of filings plus the labor to get it done that was prohibitive.
[36:22.000 --> 36:30.000]  So they created MERS, and MERS would stand in front as the agent for everybody,
[36:30.000 --> 36:38.000]  and they could sell it back and forth behind them while MERS stood in front as the holder.
[36:38.000 --> 36:40.000]  Well, that sounded like a good solution.
[36:40.000 --> 36:56.000]  The problem was it was illegal, and it left the holder of the security with no valid claim against the property.
[36:56.000 --> 37:05.000]  And since the verbal burst in 07, now that problem is coming back to haunt them,
[37:05.000 --> 37:10.000]  they cannot establish a complete chain of title.
[37:10.000 --> 37:14.000]  And the banks have spent a fortune trying to hide that fact from everybody.
[37:14.000 --> 37:20.000]  They spent a fortune buying the federal judges so that the federal judges would rule in their favor no matter what,
[37:20.000 --> 37:24.000]  but it's still coming back to haunt them.
[37:24.000 --> 37:33.000]  That's why I assure you, if this thing is very old and it's changed hands more than one or two times,
[37:33.000 --> 37:38.000]  there's no way they're going to be able to establish that they have holder status.
[37:38.000 --> 37:41.000]  So that's the first thing we want to go after.
[37:41.000 --> 37:48.000]  I want to look in your record and see who was the original lender.
[37:48.000 --> 37:55.000]  Did the original lender file an assignment of the mortgage to a third party?
[37:55.000 --> 38:00.000]  And if the original lender did sign an assignment to a third party,
[38:00.000 --> 38:06.000]  was the original lender in business when he made that assignment?
[38:06.000 --> 38:10.000]  The fact that they started these mortgage companies,
[38:10.000 --> 38:18.000]  ran them for a while and then bankrupted them out, all the mortgage companies went out of business.
[38:18.000 --> 38:20.000]  But before they went out of business,
[38:20.000 --> 38:28.000]  it would have cost them a fortune to file all of these assignments in the public record.
[38:28.000 --> 38:33.000]  So since they had MERS standing there in the background, they didn't bother with it.
[38:33.000 --> 38:40.000]  Problem, the original lender held the claim against the property,
[38:40.000 --> 38:45.000]  and the original lender under law was a person with the purpose of certain rights.
[38:45.000 --> 38:48.000]  Well, the person died.
[38:48.000 --> 38:53.000]  And the person died without assigning its claim to someone else.
[38:53.000 --> 38:58.000]  And then MERS comes along five years later and says,
[38:58.000 --> 39:04.000]  I am MERS and I'm acting as nominee for the original lender
[39:04.000 --> 39:10.000]  and I take the asset of the original lender and I give it to somebody else.
[39:10.000 --> 39:14.000]  Whoa, whoa, hang on there guys.
[39:14.000 --> 39:21.000]  So how did the original lender direct you to do that when he's dead?
[39:21.000 --> 39:25.000]  Judge Schreck in New York called them vampire lenders.
[39:25.000 --> 39:26.000]  What did they do?
[39:26.000 --> 39:31.000]  Rise up from the grave and hire MERS?
[39:31.000 --> 39:35.000]  Or is this filing by MERS fraudulent?
[39:35.000 --> 39:40.000]  First thing we want to do, that's the first thing I want to look at.
[39:40.000 --> 39:43.000]  And then I want to look at the rest of the record.
[39:43.000 --> 39:47.000]  I always find it in a horrible mess.
[39:47.000 --> 39:52.000]  I find this kind of problem, then I want to go after the deed of trust
[39:52.000 --> 40:02.000]  and claim that the deed of trust is void as to the current alleged holder.
[40:02.000 --> 40:10.000]  Just because he's holding it doesn't mean he has a right to enforce it.
[40:10.000 --> 40:15.000]  Show me that you have the right to enforce it.
[40:15.000 --> 40:21.000]  Now, if they get that done, or if the court rules against us out of hand
[40:21.000 --> 40:26.000]  at every turn and rules in their favor,
[40:26.000 --> 40:29.000]  like the friend of mine in California, we've been six years,
[40:29.000 --> 40:34.000]  we're going to the Supreme, if the Supreme rules against us and says,
[40:34.000 --> 40:38.000]  oh yes, absolutely, they have the right to foreclose,
[40:38.000 --> 40:42.000]  then we're going to say, oh wonderful,
[40:42.000 --> 40:47.000]  so you're the dirty rotten scoundrel I've been looking for all this time.
[40:47.000 --> 40:51.000]  Now I'm going to sue the crap out of you.
[40:51.000 --> 40:57.000]  After six years, if they win, they lose.
[40:57.000 --> 41:00.000]  Because that was just a pawn move.
[41:00.000 --> 41:04.000]  Now that you've proved up your position,
[41:04.000 --> 41:09.000]  now you are the holder of this property.
[41:09.000 --> 41:13.000]  You cannot be a holder in due course.
[41:13.000 --> 41:15.000]  A holder in due course.
[41:15.000 --> 41:20.000]  Say I write a check to you and that check is bad,
[41:20.000 --> 41:24.000]  but you don't know it's bad and you accept it in good faith.
[41:24.000 --> 41:27.000]  And then you go deposit that check in the bank,
[41:27.000 --> 41:31.000]  or you endorse the check and give it to somebody else,
[41:31.000 --> 41:35.000]  and somebody else takes it to the bank and it bounces.
[41:35.000 --> 41:38.000]  You are a holder in due course.
[41:38.000 --> 41:46.000]  You have no responsibility for any fraud in the creation of the document.
[41:46.000 --> 41:51.000]  In a real estate, a residential real estate transaction,
[41:51.000 --> 41:56.000]  there can be no holder in due course.
[41:56.000 --> 42:03.000]  The holder of the claim stands in the shoes of the original lender.
[42:03.000 --> 42:07.000]  And any claim you would have against the original lender,
[42:07.000 --> 42:10.000]  you can bring against the current holder.
[42:10.000 --> 42:15.000]  So you're the one that cheated me at the closing table
[42:15.000 --> 42:20.000]  and charged me all these false fees.
[42:20.000 --> 42:23.000]  Now I get to sue you because you're the right party.
[42:23.000 --> 42:26.000]  You can't claim you're not responsible.
[42:26.000 --> 42:28.000]  That's the pawn move.
[42:28.000 --> 42:34.000]  That's what I wanted to, I was, it just came up, I thought.
[42:34.000 --> 42:40.000]  Even if that was a long time ago and they've had the mortgage for three years,
[42:40.000 --> 42:43.000]  does that give them the right to still say...
[42:43.000 --> 42:44.000]  Yeah, here's the deal.
[42:44.000 --> 42:46.000] ...to go through with the foreclosure.
[42:46.000 --> 42:53.000]  If the original mortgage was fraudulent and had improper fees in it,
[42:53.000 --> 42:57.000]  every month when you pay a payment,
[42:57.000 --> 43:02.000]  or every month when they send you a bill for a payment,
[43:02.000 --> 43:08.000]  that's fraud and it renews every month.
[43:08.000 --> 43:12.000]  But under the holder rule,
[43:12.000 --> 43:14.000]  they stand in the shoes of the borrower.
[43:14.000 --> 43:17.000]  They can't claim they're not responsible.
[43:17.000 --> 43:24.000]  So yes, you can bring all of those claims from the beginning to this day.
[43:24.000 --> 43:27.000]  Oh, because I keep hearing, oh, they have a right to foreclose.
[43:27.000 --> 43:28.000]  They have a note.
[43:28.000 --> 43:30.000]  And I'm just like, but based on the report,
[43:30.000 --> 43:32.000]  and I'm hearing my parents...
[43:32.000 --> 43:35.000]  Yeah, you got the right to foreclose, Bubba.
[43:35.000 --> 43:40.000]  And I got the right to sue the pants off you for the fraud you've perpetrated.
[43:40.000 --> 43:42.000]  Hang on, about to go to break.
[43:42.000 --> 43:44.000]  We had to tell something on the radio.
[43:44.000 --> 43:49.000]  I called at number 512-646-1984.
[43:49.000 --> 43:50.000]  Frank, Deborah, I see you there.
[43:50.000 --> 43:51.000]  We'll get to all of you.
[43:51.000 --> 44:01.000]  We'll be right back.
[44:01.000 --> 44:23.000]  Hello, my name is Stuart Smith from naturespureorganics.com,
[44:23.000 --> 44:32.000]  and I'm here to introduce you to some of our other wonderful products,
[44:32.000 --> 44:33.000]  including our Australian emu oil, lotion candles, olive oil soaps,
[44:33.000 --> 44:34.000]  and colloidal silver and gold.
[44:34.000 --> 44:37.000]  Call 512-264-4043, or find us online at naturespureorganics.com.
[44:37.000 --> 44:43.000]  That's 512-264-4043, naturespureorganics.com.
[44:43.000 --> 44:47.000]  Don't forget to like us on Facebook for information on events and our products.
[44:47.000 --> 45:01.000]  Naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[45:52.000 --> 46:15.000]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:15.000 --> 46:38.000]  Okay, we are back.
[46:38.000 --> 46:41.000]  Randy Kelton, Rule of Law Radio, and Colleen.
[46:41.000 --> 46:46.000]  We kind of went over the top of things that way because I did want to give you,
[46:46.000 --> 46:51.000]  help you understand that we have a lot of things we can bring out of them.
[46:51.000 --> 46:53.000]  And this is well thought out.
[46:53.000 --> 47:00.000]  Once we get past the standing issue, the problem with chain of title,
[47:00.000 --> 47:05.000]  if the courts rule against us and throw that out, we don't care.
[47:05.000 --> 47:13.000]  Because now we'll go back and look at Covenant 16 of the Deed of Trust,
[47:13.000 --> 47:20.000]  or if it's an FHA loan, Covenant 15, the Deed of Trust or mortgage.
[47:20.000 --> 47:23.000]  You're in New York, Troy will be a mortgage.
[47:23.000 --> 47:25.000]  Yes, it's a mortgage.
[47:25.000 --> 47:35.000]  In that particular covenant, both parties agree to abide by all law.
[47:35.000 --> 47:40.000]  Well, they start out by violating the Real Estate Settlement Procedures Act
[47:40.000 --> 47:42.000]  and about everything they can.
[47:42.000 --> 47:51.000]  So if you make a claim under Truth in Lending Act, Fair Debt Collections Practices Act,
[47:51.000 --> 47:53.000]  or the Real Estate Settlement Procedures Act,
[47:53.000 --> 47:56.000]  it goes to the federal court and the federal court's been bought and paid for,
[47:56.000 --> 47:59.000]  they want to trash it.
[47:59.000 --> 48:02.000]  That's the first thing they want to do.
[48:02.000 --> 48:15.000]  And what we do, instead of making a claim under the Consumer Protection Laws,
[48:15.000 --> 48:23.000]  it is my opinion that the Consumer Protection Laws were intended as a smokescreen.
[48:23.000 --> 48:29.000]  The legislature created the Truth in Lending Act
[48:29.000 --> 48:35.000]  and granted you a remedy for a violation of the Truth in Lending Act.
[48:35.000 --> 48:44.000]  Well, in point of fact, you have that remedy already in Uniform Commercial Code.
[48:44.000 --> 48:47.000]  In contract law, you already have all the remedies
[48:47.000 --> 48:50.000]  that are in the Truth in Lending Act available to you.
[48:50.000 --> 48:54.000]  Do they honor the Uniform Commercial Code?
[48:54.000 --> 48:55.000]  Yes.
[48:55.000 --> 48:57.000]  The courts might ignore it or they may say that.
[48:57.000 --> 49:00.000]  No, no, it depends on how you apply it.
[49:00.000 --> 49:02.000]  They want to force those.
[49:02.000 --> 49:07.000]  It does not apply to a real property transaction,
[49:07.000 --> 49:14.000]  but it does apply to the underlying contract.
[49:14.000 --> 49:16.000]  Yeah, they want to do their little song and dance.
[49:16.000 --> 49:23.000]  So we don't go in and claim on the real estate transaction.
[49:23.000 --> 49:26.000]  We claim breach of contract,
[49:26.000 --> 49:30.000]  and Uniform Commercial Code is the law of contracts.
[49:30.000 --> 49:37.000]  So we don't claim the remedy provided in the Truth in Lending Act.
[49:37.000 --> 49:44.000]  We claim the remedy based on breach of contract.
[49:44.000 --> 49:49.000]  The remedy in the Truth in Lending Act is generally limited to a year
[49:49.000 --> 49:52.000]  or three years depending on what it is.
[49:52.000 --> 49:56.000]  Breach of contract doesn't have a statute of limitations.
[49:56.000 --> 50:02.000]  So I never claim the remedy that's in the consumer protection laws
[50:02.000 --> 50:04.000]  because I think that was all done.
[50:04.000 --> 50:07.000]  They created these remedies and then set the statute of limitations
[50:07.000 --> 50:12.000]  on exercising the remedy so short to make it worthless.
[50:12.000 --> 50:15.000]  So it looks like they're doing something in your favor,
[50:15.000 --> 50:17.000]  and really they're not.
[50:17.000 --> 50:23.000]  So we don't ask for the statutory damages authorized
[50:23.000 --> 50:26.000]  in the Truth in Lending Act, Fair Debt Collections Practice Act,
[50:26.000 --> 50:31.000]  or Real Estate Settlement Procedures Act.
[50:31.000 --> 50:34.000]  We claim remedy by breach of contract.
[50:34.000 --> 50:38.000]  We claim that the deed of trust is void,
[50:38.000 --> 50:43.000]  repudiated by the lender by breach of contract.
[50:43.000 --> 50:51.000]  The mortgage or deed of trust grants a privilege to the lender.
[50:51.000 --> 50:55.000]  The privilege of a claim against the property.
[50:55.000 --> 50:59.000]  The lender cannot breach the covenant of that contract
[50:59.000 --> 51:04.000]  that sets the condition for granting the privilege
[51:04.000 --> 51:08.000]  and then come back and claim the privilege.
[51:08.000 --> 51:11.000]  Does that make sense?
[51:11.000 --> 51:12.000]  Yes.
[51:12.000 --> 51:15.000]  So they don't just focus, I just thought the main,
[51:15.000 --> 51:17.000]  what they call routine foreclosure,
[51:17.000 --> 51:19.000]  they just focus on the defaulted loan.
[51:19.000 --> 51:23.000]  If it wasn't paid, they don't basically listen to, I thought.
[51:23.000 --> 51:24.000]  No, no, no.
[51:24.000 --> 51:27.000]  If the guy's doing the foreclosure,
[51:27.000 --> 51:30.000]  they're going to lie, cheat, and steal.
[51:30.000 --> 51:36.000]  And in New York, they have to go to court.
[51:36.000 --> 51:41.000]  And the problem the judge has, even if he's bought and paid for,
[51:41.000 --> 51:45.000]  is the Court of Appeals.
[51:45.000 --> 51:50.000]  It is, the judge determines the facts in accordance with the rules of evidence
[51:50.000 --> 51:54.000]  and applies the law as it comes to him to the facts in the case.
[51:54.000 --> 51:57.000]  That's primarily what he does.
[51:57.000 --> 52:02.000]  The Court of Appeals, they're charged with the duty
[52:02.000 --> 52:07.000]  of maintaining the sanctity of the corpus juris.
[52:07.000 --> 52:12.000]  They're charged with making sure that the body of law works.
[52:12.000 --> 52:19.000]  So they look at the decisions these judges make and they say yes or no.
[52:19.000 --> 52:23.000]  If they give a yes to a bad decision,
[52:23.000 --> 52:26.000]  other lawyers can use those bad decisions
[52:26.000 --> 52:30.000]  and it tends to create a horrible mess in the legal system.
[52:30.000 --> 52:35.000]  So the Court of Appeals is there to make sure that the law works together.
[52:35.000 --> 52:42.000]  So when we make our claim, we need to understand how this works.
[52:42.000 --> 52:49.000]  So we make a claim that if the lower court rules against us
[52:49.000 --> 52:53.000]  and the higher court upholds that ruling,
[52:53.000 --> 52:59.000]  they undermine the basic structure of the body of law.
[52:59.000 --> 53:01.000]  And it makes a mess.
[53:01.000 --> 53:07.000]  So we put everything we're doing is about the Court of Appeals.
[53:07.000 --> 53:12.000]  You do not care what happens in the trial court.
[53:12.000 --> 53:18.000]  The only purpose of the trial court is to set the record for appeal.
[53:18.000 --> 53:20.000]  We don't care what this judge does.
[53:20.000 --> 53:25.000]  If he happens to rule in our favor, oh, happy day, we have a party.
[53:25.000 --> 53:28.000]  But if he doesn't, we don't care.
[53:28.000 --> 53:31.000]  We're setting the record for the Court of Appeals.
[53:31.000 --> 53:33.000]  That's all we care about.
[53:33.000 --> 53:36.000]  So don't worry about what the trial court does.
[53:36.000 --> 53:40.000]  The action, the real actions in the Court of Appeals.
[53:40.000 --> 53:45.000]  So the trial court basically, I thought that was the final decision.
[53:45.000 --> 53:49.000]  Absolutely not.
[53:49.000 --> 53:51.000]  That's just starting the process.
[53:51.000 --> 53:54.000]  Every lawyer will tell you.
[53:54.000 --> 53:59.000]  They won't tell you unless you ask them directly.
[53:59.000 --> 54:03.000]  They want you to think that this court is important so they can bill you a lot of money.
[54:03.000 --> 54:12.000]  But the real purpose of the trial court and the only functional purpose of a trial court is to set the record.
[54:12.000 --> 54:19.000]  You want to get your facts on the record and the law as it applies to those facts on the record
[54:19.000 --> 54:26.000]  because it is the duty of the judge to determine the facts in accordance with the rules of evidence,
[54:26.000 --> 54:31.000]  then apply the law as it comes to him to the facts in the case.
[54:31.000 --> 54:35.000]  The judge is not there to find justice.
[54:35.000 --> 54:39.000]  The judge is there to administer law.
[54:39.000 --> 54:44.000]  You do not want that judge administering justice
[54:44.000 --> 54:51.000]  because every judge that steps up behind the bench is going to have a different concept of what is just.
[54:51.000 --> 54:59.000]  You want that judge to determine the facts, then apply the law as it comes to him to the facts in the case and that's it.
[54:59.000 --> 55:06.000]  If the law, as applied to the facts, leads to an unjust outcome,
[55:06.000 --> 55:12.000]  then we go to our legislature and ask them to change the law so that we get a just outcome.
[55:12.000 --> 55:20.000]  We don't ask these judges to decide what they think is just and ignore whatever laws they want to.
[55:20.000 --> 55:25.000]  So their only duty is to determine the facts and apply the law to the facts.
[55:25.000 --> 55:34.000]  So an appeal, doesn't that just, I didn't think that worked with foreclosure, like I thought that's the final decision.
[55:34.000 --> 55:39.000]  No, no, no, that works with any civil case
[55:39.000 --> 55:48.000]  because the judge is not the final say on anything except administering his court.
[55:48.000 --> 55:52.000]  And even then he can be appealed.
[55:52.000 --> 55:56.000]  The Court of Appeals, they're a monitor.
[55:56.000 --> 56:04.000]  They monitor all these judges to make sure that they properly apply the law to the facts.
[56:04.000 --> 56:08.000]  The Court of Appeals does not determine the facts.
[56:08.000 --> 56:10.000]  The trial court does that.
[56:10.000 --> 56:16.000]  And the facts go to the Court of Appeals that the judge determined.
[56:16.000 --> 56:22.000]  And then the law that the judge used to make his decision based on those facts,
[56:22.000 --> 56:29.000]  that goes to the Court of Appeals and they look at it and see if he applies the law correctly.
[56:29.000 --> 56:32.000]  If he didn't, they change it.
[56:32.000 --> 56:37.000]  They instruct him as to how he is to apply the law.
[56:37.000 --> 56:44.000]  In that way, they maintain the integrity of the body of law, the corpus juris.
[56:44.000 --> 56:45.000]  So when...
[56:45.000 --> 56:49.000]  Okay, so when you say facts, are you not speaking of evidence?
[56:49.000 --> 56:55.000]  Are you like the evidence of the, such as like if there's fraud found, if there's different things?
[56:55.000 --> 57:04.000]  Fraud, okay, the concept of fraud is a conclusion based on the facts.
[57:04.000 --> 57:07.000]  I came to the closing table.
[57:07.000 --> 57:11.000]  They sent me a truth in lending statement, said things would cost this much.
[57:11.000 --> 57:16.000]  The HUD-1 settlement statement said I owed all of these fees.
[57:16.000 --> 57:22.000]  But in fact, some of these fees are just made up.
[57:22.000 --> 57:25.000]  Now, it's a fact that they charged this fee.
[57:25.000 --> 57:30.000]  What's not a fact is whether or not that fee was valid.
[57:30.000 --> 57:33.000]  That's a legal determination.
[57:33.000 --> 57:36.000]  So we put the facts on the record.
[57:36.000 --> 57:42.000]  In order to put the facts on the record, you have to establish foundation for the facts.
[57:42.000 --> 57:45.000]  Your Honor, I chose to...
[57:45.000 --> 57:50.000]  My client chose to purchase a property, went to this real estate agent,
[57:50.000 --> 57:53.000]  asked this real estate agent to find the property.
[57:53.000 --> 57:55.000]  The real estate agent found the property.
[57:55.000 --> 57:57.000]  My client purchased the property.
[57:57.000 --> 58:03.000]  Now you have foundation for putting the contract for purchase in the record.
[58:03.000 --> 58:05.000]  So this is what the lawyer is supposed to know how to do.
[58:05.000 --> 58:08.000]  This is not hard to do.
[58:08.000 --> 58:10.000]  You put the facts on the record.
[58:10.000 --> 58:15.000]  Now once you have the facts on the record, now you take the facts and apply the law to it
[58:15.000 --> 58:21.000]  and say this is what the law says should apply in facts of this nature.
[58:21.000 --> 58:28.000]  And then both sides do that and the judge picks the one he thinks is right and sends it to the court of appeals.
[58:28.000 --> 58:30.000]  Hang on, got to go to break.
[58:30.000 --> 58:34.000]  We do need to finish up for today because I've got two more callers
[58:34.000 --> 58:37.000]  and we'll spend another segment on this.
[58:37.000 --> 58:41.000]  I spent this time because I'm going through the basics for everybody else who's listening
[58:41.000 --> 58:45.000]  and to help you understand how this process all works.
[58:45.000 --> 58:51.000]  Hang on, we'll be right back.
[59:15.000 --> 59:21.000]  We'll be right back.
[59:45.000 --> 59:52.000]  Or visit us online at bfa.org.
[59:52.000 --> 01:00:02.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.000 --> 01:00:07.000]  The following use flash is brought to you by the Lone Star Lowdown,
[01:00:07.000 --> 01:00:10.000]  providing the jelly bulletins for the commodity market,
[01:00:10.000 --> 01:00:22.000]  today in history, news updates, and the inside scoop into the tides of the alternative.
[01:00:22.000 --> 01:00:30.000]  Markets for Monday, the 22nd of August, 2016, are currently trading with gold at $1,336.63 an ounce,
[01:00:30.000 --> 01:00:35.000]  silver $18.86 an ounce, Texas crude $47.05 a barrel,
[01:00:35.000 --> 01:00:45.000]  and Bitcoin is currently sitting at about $585 U.S. currency.
[01:00:45.000 --> 01:00:50.000]  Today in history, the year 1902, the Cadillac Motor Company is founded,
[01:00:50.000 --> 01:00:54.000]  and in the same year, President Theodore Roosevelt becomes the first president of the United States
[01:00:54.000 --> 01:01:01.000]  to ride in an automobile, though it wasn't a Cadillac.
[01:01:01.000 --> 01:01:07.000]  In recent news, a U.S. District Judge Lee Yackel denied the request of three University of Texas
[01:01:07.000 --> 01:01:11.000]  and Austin professors to block the implementation of the state's campus carry law.
[01:01:11.000 --> 01:01:16.000]  The judge said that the professors had failed to establish a substantial likelihood of ultimate success
[01:01:16.000 --> 01:01:20.000]  on the merits of their asserted claims, which were that guns in classrooms
[01:01:20.000 --> 01:01:23.000]  violate free speech and equal protection rights.
[01:01:23.000 --> 01:01:28.000]  UT President Gregory Fernvez said in a written statement that the university would continue to work
[01:01:28.000 --> 01:01:31.000]  with faculty members concerned about the law.
[01:01:31.000 --> 01:01:36.000]  He added that he's committed to upholding the school's core values of academic freedom and free speech,
[01:01:36.000 --> 01:01:41.000]  while Attorney General Ken Paxton said that he was pleased but not surprised by the decision
[01:01:41.000 --> 01:01:46.000]  and that there is simply no legal justification to deny licensed, law-abiding citizens on campus
[01:01:46.000 --> 01:01:57.000]  the same measure of personal protection they are entitled to elsewhere in Texas.
[01:01:57.000 --> 01:02:01.000]  The Redlands Unified School District settled on and agreed to pay out $6 million
[01:02:01.000 --> 01:02:05.000]  to a victim of sexual abuse by one of their teachers at one of their high schools.
[01:02:05.000 --> 01:02:09.000]  The attorney for the victim, Vince Finaldi, stated that this is the largest child sexual abuse settlement
[01:02:09.000 --> 01:02:14.000]  against a public entity in U.S. history, reason being he is saying that the school district knew
[01:02:14.000 --> 01:02:18.000]  that Laura Whitehurst was sexually abusing students and did nothing about it,
[01:02:18.000 --> 01:02:23.000]  though a spokesperson for the district obviously denies that they knew anything about the abuse,
[01:02:23.000 --> 01:02:27.000]  clarifying that it was just the district wanting to avoid further costly legal battles.
[01:02:27.000 --> 01:02:30.000]  The school district is assuring teachers and parents that the $6 million settlement
[01:02:30.000 --> 01:02:39.000]  will not affect its budget for teachers and other educational expenses.
[01:02:39.000 --> 01:02:44.000]  If Texas had succeeded before this year, it would have ranked third in the world in the 2016 Olympics.
[01:02:44.000 --> 01:02:54.000]  Texas alone took home 42 medals, 26 gold, 6 silver, and 10 bronze in the 2016 Rio de Janeiro Olympics.
[01:02:54.000 --> 01:03:01.000]  This is Rick Rodey for your Lowdown August 22, 2016.
[01:03:01.000 --> 01:03:17.000]  A story for everyone to hear, about how we're not going to give in to the fear.
[01:03:17.000 --> 01:03:19.000]  Okay, we are back.
[01:03:19.000 --> 01:03:23.000]  Randy Kelton, the root of our radio, and we're talking to Colleen from New York.
[01:03:23.000 --> 01:03:30.000]  Colleen, is this beginning to make sense, how you go about this?
[01:03:30.000 --> 01:03:34.000]  It is. It definitely is a comb through, yes.
[01:03:34.000 --> 01:03:40.000]  It makes sense that basically being able to explain each point, one after the other,
[01:03:40.000 --> 01:03:47.000]  of how it works, I honestly don't have any idea in terms of how long something will take
[01:03:47.000 --> 01:03:51.000]  or how to go about it or if there's appeals involved.
[01:03:51.000 --> 01:03:56.000]  I didn't even know you could have an appeal with this type of case, so I thought.
[01:03:56.000 --> 01:04:00.000]  Okay, we can help you with that. That's what we're here for.
[01:04:00.000 --> 01:04:06.000]  It takes a few hearings for this to begin to think in.
[01:04:06.000 --> 01:04:08.000]  There's actually a lot more to it.
[01:04:08.000 --> 01:04:15.000]  I'm working on an e-book where I talk about how things actually work.
[01:04:15.000 --> 01:04:21.000]  They don't work the way you learned in high school,
[01:04:21.000 --> 01:04:26.000]  and they don't work the way lawyers learned in law school.
[01:04:26.000 --> 01:04:28.000]  It's not like that.
[01:04:28.000 --> 01:04:36.000]  We try to demonstrate how it actually works so that we're not surprised
[01:04:36.000 --> 01:04:41.000]  when things happen that we weren't expecting.
[01:04:41.000 --> 01:04:45.000]  It'll get a lot easier once you begin to get an understanding of what to expect.
[01:04:45.000 --> 01:04:53.000]  For instance, do not expect your lawyer to actively adjudicate your case.
[01:04:53.000 --> 01:04:57.000]  He's not in business to actively adjudicate your case.
[01:04:57.000 --> 01:05:03.000]  He's in business to make money, and he's going to do what makes him the most money.
[01:05:03.000 --> 01:05:09.000]  Actively adjudicating your case is not one of those things that make him a lot of money.
[01:05:09.000 --> 01:05:12.000]  What makes him a lot of money is getting retainers.
[01:05:12.000 --> 01:05:17.000]  He's going to do song and dance and seltzer down your pants until he gets your retainer.
[01:05:17.000 --> 01:05:24.000]  Then he's going to use his standard motions back and forth with the other lawyer to use up your retainer.
[01:05:24.000 --> 01:05:29.000]  Then he's going to come back and ask for a monstrous retainer because he wants to get rid of you.
[01:05:29.000 --> 01:05:32.000]  He doesn't want to have to actually start doing the work.
[01:05:32.000 --> 01:05:39.000]  He wants to get rid of you and go find another retainer because that's where his money's at.
[01:05:39.000 --> 01:05:45.000]  We need to understand that about lawyers. It's not because the lawyers are mean or vicious or anything like that,
[01:05:45.000 --> 01:05:47.000]  but they're in business to make money.
[01:05:47.000 --> 01:05:54.000]  Nothing personal, oh, I threw you under the bus. Sorry about that, but just business.
[01:05:54.000 --> 01:05:59.000]  We have strategies to counteract that.
[01:05:59.000 --> 01:06:02.000]  We bargrieve him and double his malpractice insurance.
[01:06:02.000 --> 01:06:07.000]  Then he runs to the judge with a motion to withdraw, and we object to it and tell the judge,
[01:06:07.000 --> 01:06:10.000]  don't you dare remove him from this case.
[01:06:10.000 --> 01:06:14.000]  He's my attorney and he is under contract.
[01:06:14.000 --> 01:06:20.000]  We just had one recently where the judge said, well, Ms. Ortiz, if you and your attorney can't get along,
[01:06:20.000 --> 01:06:23.000]  I don't understand why you want to keep him.
[01:06:23.000 --> 01:06:29.000]  I paid him. He's got my money. He's under contract.
[01:06:29.000 --> 01:06:35.000]  The judge turned to the lawyer, sorry, counselor, you're going to have to work this out with your client.
[01:06:35.000 --> 01:06:39.000]  Then the lawyer said, man, he don't believe this is happening.
[01:06:39.000 --> 01:06:43.000]  My own client bargreased me and now I can't get rid of her?
[01:06:43.000 --> 01:06:47.000]  Now you better get your behind back in there and do your job.
[01:06:47.000 --> 01:06:50.000]  We have a lot of strategies for that kind of thing.
[01:06:50.000 --> 01:06:55.000]  It takes a little bit to get all these pieces in place.
[01:06:55.000 --> 01:06:56.000]  Go ahead.
[01:06:56.000 --> 01:07:00.000]  I know you have other calls. I want to hurry up and get this answered.
[01:07:00.000 --> 01:07:09.000]  Is this how it worked with the other? You said there was another person that fought with their lender to foreclose basically.
[01:07:09.000 --> 01:07:13.000]  Are these strategies what you had explained to me?
[01:07:13.000 --> 01:07:17.000]  Is this how they went about fighting for their case with their foreclosure?
[01:07:17.000 --> 01:07:22.000]  Well, I'm not sure which one you're referring to.
[01:07:22.000 --> 01:07:27.000]  You said there was somebody who was fighting.
[01:07:27.000 --> 01:07:37.000]  Oh, yes, yes. We started out with him and we filed really our BS suit.
[01:07:37.000 --> 01:07:40.000]  The BS suit is who are you?
[01:07:40.000 --> 01:07:42.000]  I don't know who you are.
[01:07:42.000 --> 01:07:46.000]  What that goes to is we don't stipulate to anything.
[01:07:46.000 --> 01:07:49.000]  We don't have to admit anything.
[01:07:49.000 --> 01:07:55.000]  You claimed you have the right to enforce the mortgage on this property.
[01:07:55.000 --> 01:07:59.000]  I don't know who you are. Prove up your claim.
[01:07:59.000 --> 01:08:02.000]  We ask them to prove up agency standing and capacity.
[01:08:02.000 --> 01:08:06.000]  That's a little four-page suit.
[01:08:06.000 --> 01:08:08.000]  Yes, this is following this procedure.
[01:08:08.000 --> 01:08:10.000]  That's a pawn move.
[01:08:10.000 --> 01:08:12.000]  We're waiting for them to prove up standing.
[01:08:12.000 --> 01:08:16.000]  It's been six years and they don't have it done yet.
[01:08:16.000 --> 01:08:23.000]  It's been six years that he was fighting with the case for that amount of time basically?
[01:08:23.000 --> 01:08:26.000]  Yeah, they've been trying to prove up standing.
[01:08:26.000 --> 01:08:33.000]  Well, they've been trying to avoid having to prove up standing for six years.
[01:08:33.000 --> 01:08:38.000]  Now, if they were really the proper holder, all they have to do is walk in the court and say,
[01:08:38.000 --> 01:08:43.000]  Your Honor, here's my valid assignment and it's over.
[01:08:43.000 --> 01:08:48.000]  So why didn't he do that? Why did they fight him for six years?
[01:08:48.000 --> 01:08:51.000]  Wow.
[01:08:51.000 --> 01:08:55.000]  We all know why they fought him for six years.
[01:08:55.000 --> 01:09:03.000]  Oh, okay. So it was six years of fighting, just being defaulted on his mortgage basically.
[01:09:03.000 --> 01:09:08.000]  Yeah, he's been in default on the mortgage and they stopped everything.
[01:09:08.000 --> 01:09:20.000]  Because if they foreclose and he wins this case, they are screwed because now he comes back for them big time.
[01:09:20.000 --> 01:09:24.000]  So they don't want to create more potential claims.
[01:09:24.000 --> 01:09:28.000]  So that almost always stopped it.
[01:09:28.000 --> 01:09:35.000]  So basically, Ma, I will be following similar ways to how he fought his case basically.
[01:09:35.000 --> 01:09:43.000]  Oh, yeah. You're in the state court and they have to file suit in court.
[01:09:43.000 --> 01:09:50.000]  So the problem there is, is they can't do a Rule 12 and avoid discovery.
[01:09:50.000 --> 01:09:52.000]  You got discovery on your side.
[01:09:52.000 --> 01:09:57.000]  I hope they don't dismiss it. I'll be scared as ever.
[01:09:57.000 --> 01:10:00.000]  I know that it depends on the state. New York State is tough.
[01:10:00.000 --> 01:10:04.000]  I don't know where that other person was fighting their foreclosure.
[01:10:04.000 --> 01:10:06.000]  I don't know if it was a judicial state or not.
[01:10:06.000 --> 01:10:18.000]  I've got one in New York that we just filed an appeal to the Court of Appeals and we've been fighting his for about six years.
[01:10:18.000 --> 01:10:20.000]  The same person or is this another person?
[01:10:20.000 --> 01:10:23.000]  No, no, this is a different guy.
[01:10:23.000 --> 01:10:29.000]  This is through Pastor Masset up there in Middleville, New York.
[01:10:29.000 --> 01:10:32.000]  So both the cases were New York-based cases?
[01:10:32.000 --> 01:10:39.000]  No, no, no. One was in California. Pastor Masset has two, one in New York and one in Utah.
[01:10:39.000 --> 01:10:46.000]  And both of those have been in for about six years.
[01:10:46.000 --> 01:10:50.000]  I've got three we've been fighting for six years.
[01:10:50.000 --> 01:10:54.000]  Really? Wow.
[01:10:54.000 --> 01:11:00.000]  So you can keep them in the courts. I don't throw everything at them at once.
[01:11:00.000 --> 01:11:05.000]  If these guys win this case, all three of them are the same way.
[01:11:05.000 --> 01:11:10.000]  Everybody we're asking them to prove up agency standing or capacity.
[01:11:10.000 --> 01:11:18.000]  If all three of them win in the end, then we come right back and sue them again based on the HUD-1 settlement statement.
[01:11:18.000 --> 01:11:21.000]  We start this procedure all over again.
[01:11:21.000 --> 01:11:27.000]  I'm just hoping they don't have standing, the lender that's dealing with our property.
[01:11:27.000 --> 01:11:29.000]  I'm just hoping they don't because they're in trouble.
[01:11:29.000 --> 01:11:32.000]  With what you sent me, there's no chance they'll have standing.
[01:11:32.000 --> 01:11:39.000]  But I'll get time to look at it this weekend and I'll send you an email by Monday.
[01:11:39.000 --> 01:11:46.000]  So do you need my email? I know you said you have to look at the different assignments on the public workers.
[01:11:46.000 --> 01:11:49.000]  Do you still need that information again or?
[01:11:49.000 --> 01:11:52.000]  No, if you've already sent it, I've got it.
[01:11:52.000 --> 01:11:54.000]  Okay, okay.
[01:11:54.000 --> 01:11:59.000]  I'll look at it and I'll get you an email Sunday or sometime this weekend by Monday.
[01:11:59.000 --> 01:12:00.000]  Thank you.
[01:12:00.000 --> 01:12:06.000]  So just to be clear, you said don't do anything yet in terms of the OCC.
[01:12:06.000 --> 01:12:07.000]  No, no, no.
[01:12:07.000 --> 01:12:12.000]  Don't do anything yet because we don't know what to file with the OCC yet.
[01:12:12.000 --> 01:12:17.000]  Let me look at it and sort out what the claims are.
[01:12:17.000 --> 01:12:18.000]  Okay.
[01:12:18.000 --> 01:12:19.000]  Okay.
[01:12:19.000 --> 01:12:20.000]  Thank you.
[01:12:20.000 --> 01:12:21.000]  Okay.
[01:12:21.000 --> 01:12:22.000]  Thank you, Colleen.
[01:12:22.000 --> 01:12:25.000]  Now we're going to go to Deborah in Texas.
[01:12:25.000 --> 01:12:27.000]  Hello, Deborah.
[01:12:27.000 --> 01:12:28.000]  Hi, Randy.
[01:12:28.000 --> 01:12:29.000]  How are you?
[01:12:29.000 --> 01:12:30.000]  I am good.
[01:12:30.000 --> 01:12:34.000]  What do you have for us today?
[01:12:34.000 --> 01:12:40.000]  Well, you know, Leslie and I have been working on my client title case and I went to court on Tuesday
[01:12:40.000 --> 01:12:48.000]  and I did a hearing for a motion to strike the intervener for interrupting my case
[01:12:48.000 --> 01:12:54.000]  and trying to say that they are the true defendant when they are only a respondent.
[01:12:54.000 --> 01:12:58.000]  And anyway, so the judge allowed them to stay in the case.
[01:12:58.000 --> 01:13:07.000]  He did tell them that they have that the three last assignments that were filed into the land records were rogue
[01:13:07.000 --> 01:13:13.000]  and that the one that was backdated 10 years was he said it looked like, you know,
[01:13:13.000 --> 01:13:16.000]  he said he thought it was a mistake and then he looked and he said,
[01:13:16.000 --> 01:13:19.000]  yeah, they put that in there and backdated it 10 years.
[01:13:19.000 --> 01:13:23.000]  So he acknowledged all the forgery and stuff of the last three assignments,
[01:13:23.000 --> 01:13:33.000]  but he's still allowing, he still ruled to let those people who are representing people who have,
[01:13:33.000 --> 01:13:42.000]  you know, their interest was assigned away in one of those assignments over a year and a half ago.
[01:13:42.000 --> 01:13:50.000]  So the last three assignments were bogus, but he's still allowing them to stay in the case in spite of that.
[01:13:50.000 --> 01:13:53.000]  Have you countersued these folks?
[01:13:53.000 --> 01:13:58.000]  No, they're just, they're interfering in my client title.
[01:13:58.000 --> 01:14:02.000]  You should countersue.
[01:14:02.000 --> 01:14:05.000]  Countersue, okay, that's a thought.
[01:14:05.000 --> 01:14:07.000]  But Leslie had some questions she wanted me to ask you.
[01:14:07.000 --> 01:14:12.000]  Today we got in... I'm sorry, I'm sorry, I said countersue.
[01:14:12.000 --> 01:14:15.000]  You should file a cross-complaint.
[01:14:15.000 --> 01:14:17.000]  Cross-complaint, okay.
[01:14:17.000 --> 01:14:18.000]  All right, that's a thought.
[01:14:18.000 --> 01:14:20.000]  We wanted to run that by you, but...
[01:14:20.000 --> 01:14:24.000]  You have a declaratory judgment suit.
[01:14:24.000 --> 01:14:28.000]  So they intervene, so you cross-complaint against them.
[01:14:28.000 --> 01:14:33.000]  It really doesn't have anything to do with the declaratory judgment.
[01:14:33.000 --> 01:14:39.000]  It has to do with them causing you harm by an improper intervention.
[01:14:39.000 --> 01:14:44.000]  So you cross-complaint against them, give them a dog in the hunt.
[01:14:44.000 --> 01:14:47.000]  Cross-complaint, okay.
[01:14:47.000 --> 01:14:52.000]  So today I got in, I had filed a motion for summary judgment,
[01:14:52.000 --> 01:14:55.000]  which the hearing is coming up on September the 2nd.
[01:14:55.000 --> 01:15:01.000]  And so today I get in all of this stuff, like four or five different emails with all of this,
[01:15:01.000 --> 01:15:03.000]  tons and tons and stuff in there.
[01:15:03.000 --> 01:15:11.000]  And they're making some false statements and things in there.
[01:15:11.000 --> 01:15:17.000]  And let's see, so Leslie gave me a quick little list to go over with you.
[01:15:17.000 --> 01:15:19.000]  They filed a...
[01:15:19.000 --> 01:15:30.000]  So what they're doing in my quiet title is that they filed a claim for judicial foreclosure in my quiet title.
[01:15:30.000 --> 01:15:35.000]  Which is past the statute of limitations and all that kind of stuff.
[01:15:35.000 --> 01:15:41.000]  Because he allowed, because he ruled Tuesday that they could stay in my case.
[01:15:41.000 --> 01:15:47.000]  Okay, that raises an issue.
[01:15:47.000 --> 01:15:57.000]  They intervened and so they filed a counterclaim.
[01:15:57.000 --> 01:16:01.000]  Can they do that in a quiet title?
[01:16:01.000 --> 01:16:03.000]  That's what they did.
[01:16:03.000 --> 01:16:07.000]  You need to move to strike their counterclaim.
[01:16:07.000 --> 01:16:15.000]  If they have a claim, they need to bring that into course.
[01:16:15.000 --> 01:16:17.000]  This is kind of a technical question,
[01:16:17.000 --> 01:16:33.000]  but I wouldn't think they would be able to intervene then file a claim against you in a declaratory judgment case.
[01:16:33.000 --> 01:16:39.000]  This is a non-judicial state.
[01:16:39.000 --> 01:16:45.000]  Why would they file suit for foreclosure in a non-judicial state?
[01:16:45.000 --> 01:16:47.000]  This doesn't make sense.
[01:16:47.000 --> 01:16:49.000]  Hang on, about to go to break.
[01:16:49.000 --> 01:17:00.000]  Randy Kelton, we'll be right back.
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[01:19:30.000 --> 01:19:48.000]  Okay.
[01:19:48.000 --> 01:19:49.000]  We are back.
[01:19:49.000 --> 01:19:51.000]  Randy Kelton, Root of Law Radio.
[01:19:51.000 --> 01:19:53.000]  We're talking to Debra in Texas.
[01:19:53.000 --> 01:20:00.000]  And it's probably something that I don't understand.
[01:20:00.000 --> 01:20:03.000]  This intervenor claims to be the holder of the mortgage.
[01:20:03.000 --> 01:20:05.000]  Is that correct?
[01:20:05.000 --> 01:20:06.000]  Okay.
[01:20:06.000 --> 01:20:17.000]  So what it is is the servicer hired these attorneys to file into my court case,
[01:20:17.000 --> 01:20:22.000]  which we don't even know how they ever found out that I even had a court case.
[01:20:22.000 --> 01:20:32.000]  But they filed a response, which was like 30 days past the default date.
[01:20:32.000 --> 01:20:35.000]  And let's see.
[01:20:35.000 --> 01:20:36.000]  Okay.
[01:20:36.000 --> 01:20:38.000]  I'm trying to put all my thoughts together here.
[01:20:38.000 --> 01:20:39.000]  Okay.
[01:20:39.000 --> 01:20:52.000]  So anyway, so they have no – they don't have any – what do you call it?
[01:20:52.000 --> 01:20:54.000]  I always forget what those darn things are called.
[01:20:54.000 --> 01:20:56.000]  Into the county records.
[01:20:56.000 --> 01:20:58.000]  Oh, any assignments?
[01:20:58.000 --> 01:20:59.000]  Yeah.
[01:20:59.000 --> 01:21:02.000]  There's nothing – they have nothing with anything.
[01:21:02.000 --> 01:21:07.000]  You know, they're just claiming to be the servicer, but they –
[01:21:07.000 --> 01:21:10.000]  They're claiming to be the servicer for who?
[01:21:10.000 --> 01:21:12.000]  For the trust.
[01:21:12.000 --> 01:21:18.000]  And the trust had assigned all of their interests to Countrywide,
[01:21:18.000 --> 01:21:21.000]  who is, you know, out of business basically.
[01:21:21.000 --> 01:21:26.000]  And so they assigned it to Countrywide over a year and a half ago,
[01:21:26.000 --> 01:21:30.000]  and Countrywide never assigned a new servicer.
[01:21:30.000 --> 01:21:39.000]  And so – but anyway, they're claiming that the letter of –
[01:21:39.000 --> 01:21:43.000]  that there was a second letter of acceleration and there wasn't.
[01:21:43.000 --> 01:21:46.000]  They're claiming that I made payments after that letter of –
[01:21:46.000 --> 01:21:49.000]  the original letter of acceleration.
[01:21:49.000 --> 01:21:50.000]  And I didn't.
[01:21:50.000 --> 01:21:52.000]  They're making a lot of false statements.
[01:21:52.000 --> 01:21:59.000]  And they're claiming that because I had filed a bankruptcy that only lasted 45 days
[01:21:59.000 --> 01:22:02.000]  that it told the statute of limitations.
[01:22:02.000 --> 01:22:05.000]  And –
[01:22:05.000 --> 01:22:06.000]  Oh, that's – okay, that's good.
[01:22:06.000 --> 01:22:10.000]  At least they're addressing the statute of limitations.
[01:22:10.000 --> 01:22:14.000]  So a bankruptcy would have told it for 45 days.
[01:22:14.000 --> 01:22:20.000]  Would 45 days be enough to get them –
[01:22:20.000 --> 01:22:24.000]  But they're also saying I did – the letter of –
[01:22:24.000 --> 01:22:28.000]  they're also saying that that time was told also when I did –
[01:22:28.000 --> 01:22:32.000]  you know how you send a letter for them to validate the debt?
[01:22:32.000 --> 01:22:33.000]  Yes.
[01:22:33.000 --> 01:22:36.000]  As far as I know, that told nothing.
[01:22:36.000 --> 01:22:38.000]  It told nothing.
[01:22:38.000 --> 01:22:41.000]  Why would that tell nothing, you think?
[01:22:41.000 --> 01:22:44.000]  Well, because they can send the letter –
[01:22:44.000 --> 01:22:50.000]  you know, any time it takes them to respond, that's on them.
[01:22:50.000 --> 01:22:55.000]  If they're out of time to foreclose and you send a debt validation letter
[01:22:55.000 --> 01:22:59.000]  and say they got three days and they can't get it done in three days,
[01:22:59.000 --> 01:23:02.000]  they just don't answer your letter.
[01:23:02.000 --> 01:23:03.000]  Yeah.
[01:23:03.000 --> 01:23:04.000]  And they get all the time they want to.
[01:23:04.000 --> 01:23:07.000]  Now there's no way that's going to stand up.
[01:23:07.000 --> 01:23:08.000]  Oh, good.
[01:23:08.000 --> 01:23:09.000]  Okay.
[01:23:09.000 --> 01:23:10.000]  That's a good one.
[01:23:10.000 --> 01:23:11.000]  And –
[01:23:11.000 --> 01:23:18.000]  But before that, this whole issue of standing, the court allowed them to intervene.
[01:23:18.000 --> 01:23:24.000]  Did the court rule that they have standing?
[01:23:24.000 --> 01:23:27.000]  Yes, they did, only because they're servicer
[01:23:27.000 --> 01:23:30.000]  and that they're linked to Bank of America
[01:23:30.000 --> 01:23:36.000]  and some of the other companies that have assignments.
[01:23:36.000 --> 01:23:37.000]  Wait a minute.
[01:23:37.000 --> 01:23:41.000]  How did he rule that they had standing?
[01:23:41.000 --> 01:23:42.000]  Okay.
[01:23:42.000 --> 01:23:43.000]  All right.
[01:23:43.000 --> 01:23:46.000]  So what he said was he told the attorney,
[01:23:46.000 --> 01:23:51.000]  which he reamed him really good at the beginning of the hearing,
[01:23:51.000 --> 01:23:53.000]  and he was unprepared.
[01:23:53.000 --> 01:23:55.000]  He didn't know what he was talking about.
[01:23:55.000 --> 01:23:59.000]  He started trying to defend the motion for sanctions,
[01:23:59.000 --> 01:24:02.000]  and he told him that's not it, that's not what we're doing here.
[01:24:02.000 --> 01:24:04.000]  And he said, okay, the default judgment.
[01:24:04.000 --> 01:24:06.000]  And he goes, that's still not what we're doing here.
[01:24:06.000 --> 01:24:07.000]  Are you prepared?
[01:24:07.000 --> 01:24:08.000]  Do you know what you're talking about?
[01:24:08.000 --> 01:24:09.000]  Do you know what you're doing?
[01:24:09.000 --> 01:24:13.000]  Anyway, so he was like really getting on to the attorney.
[01:24:13.000 --> 01:24:18.000]  And this attorney has never filed – he also – this attorney claims to represent the trust,
[01:24:18.000 --> 01:24:27.000]  but the attorney in Houston claims to represent the servicer who represents the trust.
[01:24:27.000 --> 01:24:30.000]  So has this attorney filed a notice of appearance?
[01:24:30.000 --> 01:24:32.000]  No notice of appearance.
[01:24:32.000 --> 01:24:33.000]  And I brought that up.
[01:24:33.000 --> 01:24:34.000]  I read it to the judge.
[01:24:34.000 --> 01:24:39.000]  I told him, I said, I don't know who this guy is, and he's never filed an appearance.
[01:24:39.000 --> 01:24:41.000]  He's never filed anything to the case.
[01:24:41.000 --> 01:24:43.000]  He's not a party of anything.
[01:24:43.000 --> 01:24:48.000]  And the judge is just basically ignoring everything.
[01:24:48.000 --> 01:24:53.000]  And so anyway, he told – he – the judge brought up, he says,
[01:24:53.000 --> 01:24:57.000]  the plaintiff and I would both like to know how you're making the connection
[01:24:57.000 --> 01:25:06.000]  between this bank and, you know, the intervener or the respondent
[01:25:06.000 --> 01:25:10.000]  and the defendant or the, you know, whatever.
[01:25:10.000 --> 01:25:15.000]  And so he – hold on.
[01:25:15.000 --> 01:25:22.000]  So he was just basically – I don't know.
[01:25:22.000 --> 01:25:26.000]  I just kind of felt like it was for like a dog and pony show.
[01:25:26.000 --> 01:25:29.000]  Like he's going to be really mean and rough the attorney up
[01:25:29.000 --> 01:25:32.000]  and then just rule for the attorney anyway.
[01:25:32.000 --> 01:25:36.000]  But because it just seems like there's just so much corruption.
[01:25:36.000 --> 01:25:41.000]  This – no, this sounds like – from what I'm hearing,
[01:25:41.000 --> 01:25:45.000]  it sounds like the judge is acting properly.
[01:25:45.000 --> 01:25:52.000]  Well, the guy – there's no – countrywide does not have a – they're not in business.
[01:25:52.000 --> 01:25:53.000]  No, wait a minute.
[01:25:53.000 --> 01:25:58.000]  You're asking the judge to rule directly on the facts, and that's not what he's doing here.
[01:25:58.000 --> 01:26:05.000]  This guy came in as an intervener, and he's telling the judge that I have a claim.
[01:26:05.000 --> 01:26:08.000]  And the judge is not just blowing him off.
[01:26:08.000 --> 01:26:15.000]  The judge is saying, okay, you have an opportunity to prove up your claim.
[01:26:15.000 --> 01:26:20.000]  But he hasn't done it yet, but he's giving him opportunity to prove up the claim.
[01:26:20.000 --> 01:26:24.000]  And that would be necessary.
[01:26:24.000 --> 01:26:28.000]  If you had a claim and say you own some property
[01:26:28.000 --> 01:26:33.000]  and a third party tries to claim they own the property and sell it,
[01:26:33.000 --> 01:26:37.000]  and you come to the court and say, wait a minute, I have a claim.
[01:26:37.000 --> 01:26:43.000]  You're going to expect the court to give you opportunity to prove up your claim.
[01:26:43.000 --> 01:26:46.000]  And that sounds like what they're doing to this guy.
[01:26:46.000 --> 01:26:50.000]  They're giving him opportunity to prove it, and it sounds like he's not doing a very good job of it.
[01:26:50.000 --> 01:26:51.000]  Right.
[01:26:51.000 --> 01:26:58.000]  But his claim would only come if there – it would only be valid if the last three assignments weren't bogus.
[01:26:58.000 --> 01:27:03.000]  And the judge has already noted that there's a problem with the assignments,
[01:27:03.000 --> 01:27:14.000]  so he's letting this guy present his information in case he can present information that overcomes these problems.
[01:27:14.000 --> 01:27:18.000]  It's appropriate that the judge listen to him, because if he didn't,
[01:27:18.000 --> 01:27:23.000]  he'd give this guy grounds for appeal, and they wind up doing this all over again.
[01:27:23.000 --> 01:27:30.000]  So from my perspective, it sounds like the judge is doing his job right.
[01:27:30.000 --> 01:27:33.000]  Even though the people don't have standing?
[01:27:33.000 --> 01:27:39.000]  Yeah, you think they don't have standing, but see, the judge is sitting there, and he don't have a dog in this hunt.
[01:27:39.000 --> 01:27:42.000]  And he's saying these people claim they have standing,
[01:27:42.000 --> 01:27:49.000]  so I owe it to them to give them an opportunity to prove it.
[01:27:49.000 --> 01:27:54.000]  And he's going to take their evidence in, and then he's going to look at their evidence.
[01:27:54.000 --> 01:28:00.000]  And from what I hear so far, they haven't given him the necessary evidence to prove up their position.
[01:28:00.000 --> 01:28:02.000]  Okay.
[01:28:02.000 --> 01:28:08.000]  But he's giving them opportunities, so they can't go to the Court of Appeals and say, you denied me access.
[01:28:08.000 --> 01:28:17.000]  I filed as an intervener in a case in Wise County, and the judge knew he hated me, and he ordered me behind the bar.
[01:28:17.000 --> 01:28:21.000]  Well, he ordered me out from in front of the bar.
[01:28:21.000 --> 01:28:28.000]  I walked out of the courtroom, and when I got to the door, that arrogant, smart-mouthed little attorney for the bank there,
[01:28:28.000 --> 01:28:36.000]  he's looking at me with this look that's saying, what just happened?
[01:28:36.000 --> 01:28:44.000]  Okay, lawyer got his order, but he never acted on it, because once he looked at my pleadings,
[01:28:44.000 --> 01:28:50.000]  he said, man, if we try to move forward on this, this guy's going to come back,
[01:28:50.000 --> 01:28:54.000]  and he's going to stick us in court until we both get old,
[01:28:54.000 --> 01:29:02.000]  because they didn't give me opportunity to show why I had standing as an intervener.
[01:29:02.000 --> 01:29:09.000]  And your judge, it looks like he's trying to avoid that problem.
[01:29:09.000 --> 01:29:12.000]  The other side won, but they didn't win anything.
[01:29:12.000 --> 01:29:20.000]  The next attorney that came along and tried to get a new order was one week past the statute of limitations,
[01:29:20.000 --> 01:29:23.000]  and I challenged the order because they already had one.
[01:29:23.000 --> 01:29:25.000]  Res judicata, they can't get another one.
[01:29:25.000 --> 01:29:27.000]  They let it run out of time.
[01:29:27.000 --> 01:29:28.000]  It's over, guys.
[01:29:28.000 --> 01:29:37.000]  So that one, we won, because the judge didn't allow me an opportunity to state my case.
[01:29:37.000 --> 01:29:40.000]  So, Tom, it looks like your judge is doing the right thing.
[01:29:40.000 --> 01:29:42.000]  Hang on. Back to go to break.
[01:29:42.000 --> 01:29:43.000]  Okay.
[01:29:43.000 --> 01:29:45.000]  Randy Kelton, Rue La Radio.
[01:29:45.000 --> 01:29:49.000]  I call in number 512-646-1984.
[01:29:49.000 --> 01:29:50.000]  We've got 30 minutes left.
[01:29:50.000 --> 01:29:56.000]  We've got Frank, Oliver, and a third party that's not named on my sheet.
[01:29:56.000 --> 01:30:00.000]  We probably won't get to everybody, but we'll do our best.
[01:30:00.000 --> 01:30:03.000]  Is your supervisor a snooping scoundrel?
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[01:30:04.000 --> 01:30:09.000]  New technologies and social intelligence specialists keep tabs on workers on and off the clock.
[01:30:09.000 --> 01:30:15.000]  I'm Dr. Catherine Albrecht, and I'll be back in a moment to share more about digital detectives and workplace woes.
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[01:30:46.000 --> 01:30:50.000]  Supervisors with stealthy spy software are snooping on employees.
[01:30:50.000 --> 01:30:55.000]  Two-thirds of businesses monitor company Internet use, and nearly half keep tabs on employee emails.
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[01:30:57.000 --> 01:31:02.000]  Firms are hiring social media specialists to scour the Internet for incriminating activities.
[01:31:02.000 --> 01:31:06.000]  If you don a wet T-shirt on Facebook or turn Trader on Twitter,
[01:31:06.000 --> 01:31:09.000]  their investigations could put an end to your career.
[01:31:09.000 --> 01:31:11.000]  It's often perfectly legal.
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[01:31:14.000 --> 01:31:17.000]  and social media sites are a free-for-all.
[01:31:17.000 --> 01:31:19.000]  So if you want to keep your job, clean up your Internet Act,
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[01:31:21.000 --> 01:31:24.000]  and remember that digital digressions could do you in.
[01:31:24.000 --> 01:31:26.000]  I'm Dr. Catherine Albrecht.
[01:31:26.000 --> 01:31:30.000]  More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:33:29.000 --> 01:33:32.000]  Okay, we are back.
[01:33:32.000 --> 01:33:35.000]  We're talking to Debra in Texas.
[01:33:35.000 --> 01:33:43.000]  Debra, so far, I didn't hear anything that doesn't sound encouraging.
[01:33:43.000 --> 01:33:46.000]  We're used to just being blown off altogether,
[01:33:46.000 --> 01:33:50.000]  and it doesn't appear as though the judge is blowing off your arguments at all.
[01:33:50.000 --> 01:33:52.000]  Yeah, yeah.
[01:33:52.000 --> 01:33:56.000]  Is a motion to strike the same as a motion to dismiss?
[01:33:56.000 --> 01:33:58.000]  Wait a minute, say that again.
[01:33:58.000 --> 01:34:02.000]  Is a motion to strike the same as a motion to dismiss?
[01:34:02.000 --> 01:34:04.000]  No.
[01:34:04.000 --> 01:34:05.000]  Okay, wait a minute.
[01:34:05.000 --> 01:34:08.000]  It depends on what you mean by dismiss.
[01:34:08.000 --> 01:34:13.000]  The motion to strike a pleading.
[01:34:13.000 --> 01:34:20.000]  What's the motion asking to be stricken?
[01:34:20.000 --> 01:34:29.000]  Well, they're wanting to do a foreclosure within my case.
[01:34:29.000 --> 01:34:37.000]  They're wanting to get the judge to sign off on a motion to foreclose on me.
[01:34:37.000 --> 01:34:45.000]  A challenge subject matter jurisdiction.
[01:34:45.000 --> 01:34:46.000]  Okay.
[01:34:46.000 --> 01:34:52.000]  This is a nonjudicial state, the judge doesn't have any jurisdiction over this.
[01:34:52.000 --> 01:34:54.000]  Okay.
[01:34:54.000 --> 01:34:59.000]  It doesn't become judicial just because they want it to.
[01:34:59.000 --> 01:35:03.000]  Is it a home equity loan?
[01:35:03.000 --> 01:35:06.000]  No, it's just a regular mortgage.
[01:35:06.000 --> 01:35:11.000]  Challenge subject matter jurisdiction.
[01:35:11.000 --> 01:35:14.000]  Okay.
[01:35:14.000 --> 01:35:16.000]  All right.
[01:35:16.000 --> 01:35:22.000]  Is there, I don't know, I'm just kind of feeling like I might be getting in over my head a little bit.
[01:35:22.000 --> 01:35:34.000]  Is there a way that I could like talk to Mr. Skidmore about maybe doing some work for us?
[01:35:34.000 --> 01:35:40.000]  Mr. Skidmore is not doing this anymore.
[01:35:40.000 --> 01:35:44.000]  I can help you with it.
[01:35:44.000 --> 01:35:45.000]  Okay.
[01:35:45.000 --> 01:35:48.000]  Call me Monday, I'll talk to you about it.
[01:35:48.000 --> 01:35:51.000]  I'm putting together a paralegal business.
[01:35:51.000 --> 01:35:53.000]  Oh, cool.
[01:35:53.000 --> 01:35:56.000]  We're calling it the Law Society.
[01:35:56.000 --> 01:35:58.000]  The Law Society.
[01:35:58.000 --> 01:36:13.000]  If you go anywhere else in the world and talk about the Bar Society, the Bar Association, they call it the Law Society.
[01:36:13.000 --> 01:36:14.000]  Okay.
[01:36:14.000 --> 01:36:18.000]  And I went online and the name wasn't taken.
[01:36:18.000 --> 01:36:23.000]  The Law Society is, but the Law Society wasn't, so I got it.
[01:36:23.000 --> 01:36:25.000]  Okay.
[01:36:25.000 --> 01:36:33.000]  So would a motion to dismiss the claim for foreclosure be better than a motion to strike that they're pleading where they...
[01:36:33.000 --> 01:36:36.000]  No, a challenge to subject matter jurisdiction.
[01:36:36.000 --> 01:36:39.000]  Subject matter jurisdiction, okay.
[01:36:39.000 --> 01:36:49.000]  Claim there is no provision for a judge to make a determination on a deed of trust.
[01:36:49.000 --> 01:36:50.000]  Okay.
[01:36:50.000 --> 01:36:52.000]  If this is a non-judicial state.
[01:36:52.000 --> 01:36:57.000]  If they have a right to foreclose, then they can go ahead and foreclose.
[01:36:57.000 --> 01:37:01.000]  The judge has nothing to say about it.
[01:37:01.000 --> 01:37:06.000]  Sounds like they're trying to use that to maintain their intervention status.
[01:37:06.000 --> 01:37:12.000]  Well, and I wanted to run this by you real quick.
[01:37:12.000 --> 01:37:19.000]  I even thought about maybe withdrawing my...since it's passed the statute of limitations, I thought about withdrawing my court case
[01:37:19.000 --> 01:37:28.000]  and then let them sue me and then me counterclaim them and then sue them for damages and a whole bunch of stuff at the same time.
[01:37:28.000 --> 01:37:29.000]  Is that a...
[01:37:29.000 --> 01:37:35.000]  No, what to do is they have to prosecute a foreclosure.
[01:37:35.000 --> 01:37:36.000]  Right.
[01:37:36.000 --> 01:37:41.000]  And there's a process for that and it doesn't include asking a judge's permission.
[01:37:41.000 --> 01:37:42.000]  Okay.
[01:37:42.000 --> 01:37:44.000]  This judge has nothing to say about it.
[01:37:44.000 --> 01:37:50.000]  What they have to do is file a notice of acceleration.
[01:37:50.000 --> 01:37:58.000]  And when they do or they have to get the trustee to, when they do, then you go after the trustee.
[01:37:58.000 --> 01:38:01.000]  Can they do that after the statute of limitations has ran out?
[01:38:01.000 --> 01:38:04.000]  Oh, yeah.
[01:38:04.000 --> 01:38:08.000]  They can foreclose as long as you don't raise an issue.
[01:38:08.000 --> 01:38:21.000]  But when the trustee files a notice of acceleration, then you send a notice under 32.58, I believe.
[01:38:21.000 --> 01:38:23.000]  I'll have to look it up to be sure.
[01:38:23.000 --> 01:38:34.000]  There's a provision there that for someone who files a claim against real property who doesn't have standing to file the claim,
[01:38:34.000 --> 01:38:43.000]  if you give them a notice to remove the claim and they don't remove it within 20 days, it's a Class A misdemeanor.
[01:38:43.000 --> 01:38:52.000]  So you file that with the trustee and that gives him notice that he's not acting in good faith.
[01:38:52.000 --> 01:38:58.000]  And then if he tries to prosecute the sale, then you sue the trustee.
[01:38:58.000 --> 01:39:05.000]  Well, I'm suing the trustee, the substitute trustee. That's the last one on file.
[01:39:05.000 --> 01:39:08.000]  Because this is the last person we have.
[01:39:08.000 --> 01:39:10.000]  Okay. You're already...
[01:39:10.000 --> 01:39:11.000]  The trustee.
[01:39:11.000 --> 01:39:14.000]  There's nobody who can move ahead.
[01:39:14.000 --> 01:39:19.000]  I don't understand they're asking the court to rule on foreclosure.
[01:39:19.000 --> 01:39:21.000]  That doesn't make any sense.
[01:39:21.000 --> 01:39:23.000]  I know. It doesn't make any sense.
[01:39:23.000 --> 01:39:35.000]  If you're in court with the trustee in a different court, that's the court that will have jurisdiction over the issue concerning the trustee,
[01:39:35.000 --> 01:39:38.000]  and the trustee is the only one that can foreclose.
[01:39:38.000 --> 01:39:39.000]  Okay.
[01:39:39.000 --> 01:39:48.000]  So you might ask for sanctions against these guys just for filing this stupid pleading, wasting the court's time.
[01:39:48.000 --> 01:39:51.000]  File a second one.
[01:39:51.000 --> 01:39:54.000]  The first one sitting there didn't do a hearing on yet.
[01:39:54.000 --> 01:39:59.000]  Yeah. This definitely goes challenge subject matter jurisdiction.
[01:39:59.000 --> 01:40:01.000]  Okay.
[01:40:01.000 --> 01:40:07.000]  And that'll probably annoy the judge at these attorneys even more.
[01:40:07.000 --> 01:40:08.000]  Yeah.
[01:40:08.000 --> 01:40:10.000]  Okay. Do you have anything else for us?
[01:40:10.000 --> 01:40:14.000]  Thank you so much. No, sir. I think that covered us for tonight. Thank you so much.
[01:40:14.000 --> 01:40:20.000]  Okay. Thank you, Deborah. Now we're going to go to Frank in Texas. Hello, Frank.
[01:40:20.000 --> 01:40:26.000]  Hey, Randy. It's Frank from New York, but I changed my handle.
[01:40:26.000 --> 01:40:33.000]  Oh, okay. Yeah, I notice you don't speak the language. You have this strange foreign accent.
[01:40:33.000 --> 01:40:40.000]  You must be – this is what's in our database, so you must be – maybe you were supposed to be in Texas.
[01:40:40.000 --> 01:40:43.000]  Okay. What do you have for us today?
[01:40:43.000 --> 01:40:54.000]  Well, I got struck by a car, and the lady only had 30,000 minimum or whatever.
[01:40:54.000 --> 01:41:03.000]  I called a bunch of attorneys, and I got a real winner. Idiot. I shouldn't say that.
[01:41:03.000 --> 01:41:11.000]  But anyway, he's trying to finalize the case, and I intervened, and I said, wait a minute.
[01:41:11.000 --> 01:41:16.000]  This is fraud because the lady wasn't even in commerce.
[01:41:16.000 --> 01:41:28.000]  I'm trying to get some time, and maybe I can sue him or whatever. I'm just giving you the short statement.
[01:41:28.000 --> 01:41:33.000]  That's pretty short. You're trying to sue your attorney or their attorney?
[01:41:33.000 --> 01:41:42.000]  Well, I want to go after my attorney because he won't represent me the way I want.
[01:41:42.000 --> 01:41:46.000]  I want to go after her personally.
[01:41:46.000 --> 01:41:57.000]  And if she wasn't in commerce, I called State Farm, and they said that they insure vehicles and license drivers.
[01:41:57.000 --> 01:42:07.000]  If she wasn't using a license and she handed it over anyway, that's fraud because I can't take my contractor's policy
[01:42:07.000 --> 01:42:14.000]  and use it for my kid's dentist or anything like that or personal use.
[01:42:14.000 --> 01:42:22.000]  And I asked State Farm if they covered private use of an automobile, and they said that wording wasn't in the policy.
[01:42:22.000 --> 01:42:33.000]  So I called him back, and I said, you guys are pursuing a commercial contract without any evidence of commerce.
[01:42:33.000 --> 01:42:37.000]  You didn't even ask the lady if she had an affiliate rating or...
[01:42:37.000 --> 01:42:40.000]  Wait a minute. I don't understand why you're going here.
[01:42:40.000 --> 01:42:46.000]  This would seem to take the insurance company off the legal dime.
[01:42:46.000 --> 01:42:52.000]  I don't really care because she's liable anyway.
[01:42:52.000 --> 01:43:00.000]  Does the woman have the assets? Does she have pockets deep enough to pay the claim?
[01:43:00.000 --> 01:43:10.000]  I'm not going to worry about it because I'm recovered pretty much, and my medical bills are in the air.
[01:43:10.000 --> 01:43:17.000]  She's liable for those at least, and I was just going to try to...
[01:43:17.000 --> 01:43:26.000]  Since I was only going to end up with a few thousand anyways, it's not even worth my time.
[01:43:26.000 --> 01:43:40.000]  So I was going to try to claim fraud against the lawyer and maybe go after his bar card.
[01:43:40.000 --> 01:43:49.000]  I'm not sure. Okay, I don't understand. This is a really fine point. Does it matter?
[01:43:49.000 --> 01:44:00.000]  Okay, hang on. About to go to break. Randy Kelton, Rue de la Radio, we'll be right back.
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[01:46:16.720 --> 01:46:23.640]  Okay, we are back. Randy Kalkin, Rule of Law Radio, and we're talking to Frank in New
[01:46:23.640 --> 01:46:32.120]  York and Frank, do I sound confused? Yes, you should. Yeah, I'm not sure what is
[01:46:32.120 --> 01:46:38.040]  going on or what even what your question is. You go, you want to go after your
[01:46:38.040 --> 01:46:47.560]  lawyer for not properly adjudicating your case. I don't understand your position.
[01:46:47.560 --> 01:46:54.480]  Okay, my position is he is going after the insurance company. He wants to
[01:46:54.480 --> 01:47:01.240]  finalize my damages. Okay, I told him I wanted to have it without prejudice,
[01:47:01.240 --> 01:47:06.560]  open-ended for future medical. You don't want to do that. He says you're not
[01:47:06.560 --> 01:47:12.360]  representing me. You don't want to represent my dog who was also hit. He's
[01:47:12.360 --> 01:47:20.960]  my property. That's another strike. How much I'm going to end up with is like
[01:47:20.960 --> 01:47:26.640]  out of 30,000, the medical was 11,000 or 15,000 or something like that. He wants
[01:47:26.640 --> 01:47:32.600]  10,000. That leaves me with a few thousand. I figure that he wants to go
[01:47:32.600 --> 01:47:40.120]  against him. He wants to go against my... Hold on, hold on. Does this woman have any
[01:47:40.120 --> 01:47:47.560]  assets? There's another thing. He doesn't want to investigate anything. Her, the
[01:47:47.560 --> 01:47:53.280]  limits of her insurance are irrelevant. This lawyer doesn't sue the insurance
[01:47:53.280 --> 01:48:00.720]  company. He sues the person. He's suing the insurance company. So, yes, so good that I wouldn't...
[01:48:00.720 --> 01:48:09.120]  The commerce issue is not relevant. All that's likely to do is get the
[01:48:09.120 --> 01:48:13.400]  insurance company to claim they're not liable at all. That's what I care. I don't
[01:48:13.400 --> 01:48:21.000]  care. Yeah, but what you're going to do is take your lawyer off the hook. Well, if
[01:48:21.000 --> 01:48:26.200]  I take my lawyer off the hook, how does he pursue the insurance company
[01:48:26.200 --> 01:48:30.680]  when she wasn't even in commerce? Well, he's not pursuing the insurance company
[01:48:30.680 --> 01:48:37.960]  in any case. He's suing her. Well, so if she says I wasn't in commerce,
[01:48:37.960 --> 01:48:47.000]  she's off the hook again. She gets a fraud charge on her. Okay. I don't care,
[01:48:47.000 --> 01:48:51.400]  Randy. I'm just... Basically, I don't care about the money. I'm not liable for
[01:48:51.400 --> 01:48:58.960]  anything. I'm trying to educate myself. I'm trying to see what the limits are as
[01:48:58.960 --> 01:49:03.640]  far as these Chester lawyers are concerned. How much it can scare him.
[01:49:03.640 --> 01:49:12.760]  Maybe he can settle with me. Have you bargaged him yet? No, I'm not. I haven't
[01:49:12.760 --> 01:49:17.000]  bargaged him. I'm going to bargage him soon, but I need appropriate
[01:49:17.000 --> 01:49:26.000]  wording. What I'm thinking is, while she only has $30,000 in
[01:49:26.000 --> 01:49:33.560]  insurance, the lawyers probably got a lot more than that. Errors and emissions.
[01:49:33.560 --> 01:49:39.160]  I need to go after him so hard that he says, look, what do you want to go away?
[01:49:39.160 --> 01:49:48.480]  Yeah, that's why I'm trying to get focused. I've been telling people, look for deep pockets.
[01:49:48.480 --> 01:49:52.680]  When you go to a lawyer, the lawyer is going to look for deep pockets. So you look for
[01:49:52.680 --> 01:49:57.080]  deep pockets. Here you've got someone who hits you who's only got $30,000 in
[01:49:57.080 --> 01:50:03.160]  insurance and may or may not have any assets. You hire this lawyer and he's a
[01:50:03.160 --> 01:50:09.960]  chump. Well, he's got deep pockets. He's going to have an errors and emissions
[01:50:09.960 --> 01:50:16.000]  policy that's going to be way bigger than 30 grand. So you want to help me out
[01:50:16.000 --> 01:50:23.560]  and I'll pay you for your services and I want to give a donation to Eddie, a
[01:50:23.560 --> 01:50:28.080]  large donation to Eddie for his case. This is really what's motivating. Just
[01:50:28.080 --> 01:50:36.640]  give Eddie a kick in the rear. That's what Eddie really means. Oh, get out of there. I went to his side.
[01:50:36.640 --> 01:50:43.400]  Yes, send me a timeline, just kind of a statement of facts on it to randy at
[01:50:43.400 --> 01:50:50.000]  rootoflawradio.com and send me a contact information and return email. I'll look
[01:50:50.000 --> 01:50:54.920]  at it and I'll get back to you Monday or Tuesday. I have your cell, Randy. I don't
[01:50:54.920 --> 01:50:59.880]  know if you remember talking to me. You're getting kind of old. Okay, well I've
[01:50:59.880 --> 01:51:10.160]  slept since then. That'll work. When you get old, that happens. Okay, I know. I'm
[01:51:10.160 --> 01:51:14.920]  getting old. I went to Walmart to pick up something from my memory and this kid,
[01:51:14.920 --> 01:51:18.480]  standing in front of the vitamin section, this kid came up and said, can I
[01:51:18.480 --> 01:51:23.960]  help you? And I said, yes. I came here to get something for my memory. He said,
[01:51:23.960 --> 01:51:31.320]  well, what was it? I don't remember. He said, I walked right into that one,
[01:51:31.320 --> 01:51:40.560]  didn't I? Okay, anyway, okay. Send me an email and I'll look over it and I'll
[01:51:40.560 --> 01:51:45.280]  give you my recommendation. Yeah, because I don't really care about money. I just
[01:51:45.280 --> 01:51:49.000]  want to help you and I want to help the station and I want to help
[01:51:49.000 --> 01:51:54.160]  everybody and I really could care less about a couple thousand dollars. I like
[01:51:54.160 --> 01:51:59.360]  the idea of suing the lawyer. Exactly. This is where we're going to make a
[01:51:59.360 --> 01:52:03.640]  difference. We get the lawyers more afraid of the client than they are of
[01:52:03.640 --> 01:52:08.160]  the judge or the other lawyer. This is when we'll start getting, we give the
[01:52:08.160 --> 01:52:13.760]  lawyer plausible deniability so he can actually do his job. Yes, and I haven't
[01:52:13.760 --> 01:52:18.400]  proceeded. I just scared him. I scared him to stop him, but I haven't done any
[01:52:18.400 --> 01:52:23.240]  paperwork at all. I need some help with that. Okay, give me an email. We'll talk
[01:52:23.240 --> 01:52:29.080]  Monday. Okay, thank you. Okay, thank you, Frank. Okay, now we're going to go to
[01:52:29.080 --> 01:52:36.320]  Oliver in Tennessee. Hello, Oliver. How you doing, Randy? I'm doing good. I hear you got
[01:52:36.320 --> 01:52:42.840]  arrested again. Yeah, again. In advance, they stopped me the night
[01:52:42.840 --> 01:52:49.200]  before. They stopped me the night before. The same officer who also imprisoned me
[01:52:49.200 --> 01:52:55.920]  a while back stopped me the night before. He came in and backed up the night before and then the
[01:52:55.920 --> 01:53:01.320]  next day, heading out of town, they stopped me again. He stopped me
[01:53:01.320 --> 01:53:06.800]  himself and said, well, I know you're driving without a license, so I'm going to wait. I'm
[01:53:06.800 --> 01:53:09.800]  going to wait for a captain because, I mean, I'm going to wait for a sergeant
[01:53:09.800 --> 01:53:16.400]  because you're always calling 911. I said, what? I said, man, step back. I said, step back.
[01:53:16.400 --> 01:53:20.560]  I'm going to get out of the car. He's like, no, no, you can stay out of the car. I'm like, no, step back.
[01:53:20.560 --> 01:53:27.360]  I made a few videos. I'm kind of rash like that and I posted on their Facebook. It was kind of
[01:53:27.360 --> 01:53:37.080]  aggressive. So I guess he was trying to show that he's not afraid of me. So I told him, step back.
[01:53:37.080 --> 01:53:41.720]  I'm going to show you. I want to see what you're going to do. So I was like, step back. Move from my door.
[01:53:41.720 --> 01:53:45.480]  I'm going to get out. He's like, no, you can stay out. I'm like, no, I'm going to get out right now.
[01:53:45.480 --> 01:53:52.320]  Move from my door. So he finally moved from my door. I went out. I got out and I got out and stood there.
[01:53:52.320 --> 01:54:01.840]  Basically, they locked me up and towed my car away. So my brother, too, I had my son in the car and a friend.
[01:54:01.840 --> 01:54:09.280]  They searched the car and everything. So he took me to jail. I went to jail. I got out. Before I went back on
[01:54:09.280 --> 01:54:13.880]  the trip, I was like, okay, you know what? I'm so mad. I'm going to write the lawsuit and hit it with it.
[01:54:13.880 --> 01:54:19.280]  I'm going to hit him with the lawsuit in the morning. So I woke up in the morning. I went down to the station.
[01:54:19.280 --> 01:54:29.280]  How many pages was it? 38 pages. I sent it to you. The 38 pages, I went in there, filed it. The court didn't have time
[01:54:29.280 --> 01:54:34.840]  to do it. They didn't have time to give it to someone to aid it and everything. So they're like, well, can you come
[01:54:34.840 --> 01:54:40.540]  make money? I'm like, no problem. No problem. I'm going to have a copy over here. That means I'm able to go
[01:54:40.540 --> 01:54:47.080]  submit it directly to the city attorney because, you know, it's not official. So I don't need to report it.
[01:54:47.080 --> 01:54:54.040]  I'm going to turn it official later. So I sent that copy out to the city's attorney's office with information
[01:54:54.040 --> 01:55:01.080]  request. That's another thing I want to ask you. All this stuff that I've been doing in the town, they re-orchestrated
[01:55:01.080 --> 01:55:08.080]  the information request through the city's attorney's office. I want to know, I'm thinking, isn't there some kind of
[01:55:08.080 --> 01:55:18.740]  violation of that? No, they can send their information request to the city attorney to have him give legal advice.
[01:55:18.740 --> 01:55:25.720]  But this is what I told the last court where I put in a request. He said, well, we'll send this to the district
[01:55:25.720 --> 01:55:32.640]  attorney and see what he says. I said, well, ma'am, you can send that anywhere you want to, but you have 15 days.
[01:55:33.840 --> 01:55:42.720]  If I do not have a response in 15 days, I will not be reasonable and I will not be understanding. I will be at the grand
[01:55:42.720 --> 01:55:53.440]  jury on the 16th day. Stomped away at a minute. So they do anything they want to, they got an X amount of time to
[01:55:53.440 --> 01:56:04.440]  answer and that's it. I live in a small town and I know the mayor, I've known him for years, but I helped this
[01:56:04.440 --> 01:56:09.980]  friend of mine and when he went to court, the mayor hadn't responded to an information request and he handed the
[01:56:09.980 --> 01:56:16.780]  municipal judge class A misdemeanor, official misconduct against the judge, against the mayor.
[01:56:16.780 --> 01:56:25.480]  Here in Tennessee, you can sue them if you don't get a response in 17 days. It says that in the-
[01:56:25.480 --> 01:56:32.880]  Oh, wait a minute, wait a minute. Check your code. Because if you're in Texas and they don't respond, they'll say
[01:56:32.880 --> 01:56:42.780]  you can sue them. But if you read the code, our code says that a violation of this code is official misconduct or
[01:56:42.780 --> 01:56:54.520]  class A misdemeanor. That is, ours is not a civil statute. They want you to think it is. It's a criminal statute. So
[01:56:54.520 --> 01:56:56.080]  you might check yours.
[01:56:56.080 --> 01:57:02.580]  Hey Randy, let me tell you something right quick. So I went out there, I went and handed him the suit. I gave him the
[01:57:02.580 --> 01:57:07.880]  information request. He was like, what's this? I'm like, it's an information request. I'm like, and here's the suit.
[01:57:07.880 --> 01:57:12.980]  And he was like, what? I said, here's the suit. He's like, well, this is not dated. It's not- I'm like, well, I
[01:57:12.980 --> 01:57:18.280]  submitted, didn't have time to date it. And this is why I'm bringing it up to you myself because it's not an
[01:57:18.280 --> 01:57:24.880]  official one and you'll be getting that Monday. I just didn't want to deprive you of looking over this weekend
[01:57:24.880 --> 01:57:32.280]  because I spent all night writing this. He looked at me like, Mr. Ligia, I wish you were going to get a license
[01:57:32.280 --> 01:57:40.880]  and I wish you would stop writing all these lawsuits. The officer just started smiling because the officer had to
[01:57:40.880 --> 01:57:47.980]  escort me up there. The officer just started smiling, ear to ear, was laughing. He was banging like, can you please
[01:57:47.980 --> 01:57:56.680]  stop writing a lawsuit? I'm like, when they stop arresting you. The one I handed him was $500,000.
[01:57:56.680 --> 01:58:00.480]  Good, good. And now it's, do you have-
[01:58:00.480 --> 01:58:01.880]  The third one.
[01:58:01.880 --> 01:58:09.280]  Do you have a case in process on what they stopped you for?
[01:58:09.280 --> 01:58:14.280]  Oh, he claimed I said, oh, I stopped you just because I know you won't have a license, twice.
[01:58:14.280 --> 01:58:21.980]  No, no, that's not what I'm asking. If you're adjudicating a claim on that issue and they arrest you again on the same issue,
[01:58:21.980 --> 01:58:24.380]  then that's harassment.
[01:58:24.380 --> 01:58:28.080]  Yeah, I've adjudicated that issue four times already.
[01:58:28.080 --> 01:58:36.980]  Okay, then that's harassment. You need to look into that. But we are out of time. This is Randy Kelton, Rule of Law Radio.
[01:58:36.980 --> 01:58:42.680]  Thank you all for listening. We'll be back next Thursday for our regular shows.
[01:58:42.680 --> 01:58:47.680]  Make sure you listen. Listen to Eddie on Monday. Thank you all and good night.
[01:59:12.680 --> 01:59:20.380]  at 888-551-0102 or visit us online at bfa.org.
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