[00:00.000 --> 00:08.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing you daily
[00:08.000 --> 00:15.000]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.000 --> 00:23.000]  into the tides of the alternative.
[00:23.000 --> 00:29.000]  Markets for Wednesday the 22nd of February 2017 are currently trading with gold at $1,237.21
[00:29.000 --> 00:36.000]  an ounce, silver $18.01 an ounce, Texas crude $53.40 a barrel, and Bitcoin is still rising
[00:36.000 --> 00:45.000]  sitting at about $1,130 U.S. currency.
[00:45.000 --> 00:51.000]  Today in history, the year 1943, members of the White Rose Resistance, a nonviolent intellectual
[00:51.000 --> 00:55.000]  resistance group in Nazi Germany led by a group of students and a professor at the University
[00:55.000 --> 01:00.000]  of Munich that conducted an anonymous leaflet and graffiti campaign which called for active
[01:00.000 --> 01:05.000]  opposition against the Nazi regime, started on June 27, 1942 and ending with the arrest
[01:05.000 --> 01:12.000]  of the core group, Sophie Scholl, Hans Scholl, and Christoph Probst by the Gustapo on February
[01:12.000 --> 01:19.000]  18 were executed today in history.
[01:19.000 --> 01:25.000]  In recent news, the Palestinian Badouin village of Gan Al-Amar near Jerusalem was raided by
[01:25.000 --> 01:30.000]  Israeli defense forces on Sunday after Israeli's government issued a demolition order for the
[01:30.000 --> 01:31.000]  Palestinian village.
[01:31.000 --> 01:35.000]  The IDF imposed a military closure on dozens of structures, homes, and the only school
[01:35.000 --> 01:39.000]  in the area, giving residents just a few days until Thursday of this week to evacuate.
[01:39.000 --> 01:43.000]  It's estimated that 40 Palestinian homes in the central West Bank community are targeted
[01:43.000 --> 01:44.000]  for demolition.
[01:44.000 --> 01:49.000]  In 2014, the United Nations Office for the Coordination of Humanitarian Affairs identified
[01:49.000 --> 01:54.000]  the Gan Al-Amar village as one of the 46 settlements in the area that's at risk of forced relocation
[01:54.000 --> 01:55.000]  by Israel.
[01:55.000 --> 01:58.000]  Villagers were given construction termination warrants and will have a chance to present
[01:58.000 --> 02:00.000]  their case during a hearing on Thursday.
[02:00.000 --> 02:04.000]  Israeli officials maintain that the village was built illegally in the hotly disputed E1
[02:04.000 --> 02:14.000]  corridor, which physically links East Jerusalem and the Mali Adumim settlement.
[02:14.000 --> 02:18.000]  According to the Canadian Border Service Agency, more than 1,400 people have made claims at
[02:18.000 --> 02:23.000]  land border ports of entry in the region since November, which is more in the last four months
[02:23.000 --> 02:25.000]  than the entire year of 2015.
[02:25.000 --> 02:30.000]  Apparently, the number of people seeking asylum has soared in the last year and spiked recently,
[02:30.000 --> 02:32.000]  with Quebec seeing the greatest numbers.
[02:32.000 --> 02:36.000]  Canadian authorities are saying that the migrants come from all over the world and ranging in
[02:36.000 --> 02:39.000]  all ages, from parents with infants to the elderly.
[02:39.000 --> 02:43.000]  Inspector Martin Roach of the Royal Canadian Mountain Police stated that since, quote,
[02:43.000 --> 02:47.000]  they're not reporting to the open port of entry, they're being placed under arrest
[02:47.000 --> 02:53.000]  and then interviewed to make sure there's no national security nexus.
[02:53.000 --> 03:20.000]  This is Proof Brody with your Lowdowns for February 22nd, 2017.
[03:20.000 --> 03:23.000]  Okay, we are back.
[03:23.000 --> 03:31.000]  Randy Kelton, we're talking to Rodney in Texas, and I just pulled up public intoxication.
[03:31.000 --> 03:37.000]  It says, a person commits an offense if the person appears in a public place while intoxicated
[03:37.000 --> 03:44.000]  to the degree that the person may endanger the person or another.
[03:44.000 --> 03:54.000]  A-1, for the purposes of this section, a premises licensed or permitted under the alcohol
[03:54.000 --> 04:01.000]  and beverages code is a public place.
[04:01.000 --> 04:09.000]  I have yet to run across a police officer who knew what that, knew that that was there.
[04:09.000 --> 04:13.000]  These guys never read the code, they just do whatever.
[04:13.000 --> 04:19.000]  And you should always read the code and especially test the definitions.
[04:19.000 --> 04:29.000]  I have not found what constitutes operating a local.
[04:29.000 --> 04:30.000]  So, Jeff?
[04:30.000 --> 04:35.000]  Well, I never thought about it until you just mentioned it.
[04:35.000 --> 04:41.000]  Is this the reason why these people, when they pull people over under the suspicion
[04:41.000 --> 04:47.000]  of drunk driving, that they force these people to take breathalyzers?
[04:47.000 --> 04:55.000]  And here in Austin, at one point, they were even forcing people to crawl their blood.
[04:55.000 --> 05:01.000]  Is that why they do that under pretense that they don't really,
[05:01.000 --> 05:07.000]  or maybe they do know that they're not in a public place and they just nab these people
[05:07.000 --> 05:11.000]  and then they force them to take breathalyzers? I don't know.
[05:11.000 --> 05:14.000]  It doesn't matter.
[05:14.000 --> 05:18.000]  The way I read this code, you can be laying in the middle of the street,
[05:18.000 --> 05:25.000]  passed out drunk, and you're not subject to a charge of public intoxication.
[05:25.000 --> 05:27.000]  Right. Okay, I got you.
[05:27.000 --> 05:31.000]  They just don't know. The police do whatever they want to.
[05:31.000 --> 05:39.000]  And you take this to your lawyer, and the last thing he's going to want to do is raise that in court.
[05:39.000 --> 05:44.000]  Has it ever been challenged in court? I was thinking of case law.
[05:44.000 --> 05:52.000]  If there's case law to support the law, the statute, then...
[05:52.000 --> 05:57.000]  I'm sure it has. And I'm building a tool for this purpose.
[05:57.000 --> 06:02.000]  This is the electronic lawyer. I've been working on it for 10 years.
[06:02.000 --> 06:07.000]  And I've got the technology pretty well downed.
[06:07.000 --> 06:15.000]  And now I'm filling it in. What I'm doing is taking the code and converting it into a questionnaire.
[06:15.000 --> 06:19.000]  Like here I've got up public intoxication.
[06:19.000 --> 06:24.000]  It says, were you... Oh, that's driving Marla intoxicated. Wrong one.
[06:24.000 --> 06:31.000]  Okay. Were you accused of appearing in a public place while intoxicated to the degree
[06:31.000 --> 06:36.000]  that the person may endanger the person or another?
[06:36.000 --> 06:41.000]  I should change that. That you may endanger yourself or another.
[06:41.000 --> 06:48.000]  You see how I've taken the statute and reframed the statute into a question.
[06:48.000 --> 06:53.000]  And in this case, I very specifically worded it that way
[06:53.000 --> 06:59.000]  because the person who was arrested out on the street for public intoxication
[06:59.000 --> 07:06.000]  is going to read that and say, well, no.
[07:06.000 --> 07:10.000]  Well, if you're in court... I'm sorry.
[07:10.000 --> 07:15.000]  He's going to take it to the degree that you'd endanger yourself. I've got that one in there.
[07:15.000 --> 07:21.000]  And then the next one I'll go to, were you at the time of the alleged offense
[07:21.000 --> 07:27.000]  in a premise licensed or permitted under the alcohol beverages code?
[07:27.000 --> 07:32.000]  An average person is going to read that and say, what?
[07:32.000 --> 07:39.000]  And if you answer, well, no, then you are going to say, file a motion to dismiss,
[07:39.000 --> 07:45.000]  file a criminal complaint against the officer for tampering with the government document
[07:45.000 --> 07:51.000]  because he placed a statement on a government document accusing you of being of public intoxication
[07:51.000 --> 07:59.000]  when he had full knowledge that you were not in violation of the public intoxication code.
[07:59.000 --> 08:03.000]  A T-coast complaint against the officer.
[08:03.000 --> 08:07.000]  And I can probably think of a couple more.
[08:07.000 --> 08:15.000]  And when you get to this place in the questionnaire, the system will spit out each one of these.
[08:15.000 --> 08:21.000]  You just click a button and it'll download every one of these files filled out for your case.
[08:21.000 --> 08:23.000]  This is what I'm working on.
[08:23.000 --> 08:26.000]  Anyway, I interrupted you. You had a question.
[08:26.000 --> 08:34.000]  Well, so the Sixth Amendment requires them to tell you what the charges are against you.
[08:34.000 --> 08:44.000]  In your experience, when you're in the court dealing with this subject here, public intoxication,
[08:44.000 --> 08:49.000]  do they tell you what the specific statute is that they're charging you with
[08:49.000 --> 08:56.000]  and then allow you to cross-examine, in this case, the police officer,
[08:56.000 --> 09:02.000]  who you say probably is completely ignorant of the statute or law?
[09:02.000 --> 09:05.000]  Absolutely, but not in traffic courts.
[09:05.000 --> 09:12.000]  Traffic courts are absolutely, totally, and completely corrupt.
[09:12.000 --> 09:16.000]  These judges have no idea what the law is.
[09:16.000 --> 09:19.000]  They do not care what the law is.
[09:19.000 --> 09:22.000]  They're just there to force you to pay the money.
[09:22.000 --> 09:29.000]  But when you get out of the JP, even JP's are better than municipal courts.
[09:29.000 --> 09:33.000]  Municipal courts are just ruthless.
[09:33.000 --> 09:39.000]  County courts and district courts, these are elected judges, and they're courts of record.
[09:39.000 --> 09:48.000]  So they tend to be a little more cautious with the law because you can hold them tighter to it.
[09:48.000 --> 09:54.000]  And yeah, they will let you do that, but your lawyer's not going to do that
[09:54.000 --> 10:01.000]  because the judge is going to tell him, if you do that, you're not getting appointed any more clients.
[10:01.000 --> 10:04.000]  I live in Wise County, Texas.
[10:04.000 --> 10:13.000]  And a lawyer that had prosecuted me 15 years ago, and I beat him,
[10:13.000 --> 10:21.000]  I really worked him over, and he left town and went up to Alaska for a while and came back.
[10:21.000 --> 10:24.000]  And I met him outside the courthouse, and he said,
[10:24.000 --> 10:31.000]  Mr. Keltner, I always wanted to tell you that I really respected you for that case.
[10:31.000 --> 10:34.000]  And I wiped the floor with him.
[10:34.000 --> 10:44.000]  But he went on to tell me that if he gets appointed a client, a court-appointed counsel,
[10:44.000 --> 10:51.000]  if he gets his client to take a deal, the court will pay him $250.
[10:51.000 --> 10:55.000]  If he gets appointed a client and he can't get the client to take a deal
[10:55.000 --> 11:03.000]  and the client wants to adjudicate the case, they'll pay him $125.
[11:03.000 --> 11:07.000]  So what's wrong with that picture?
[11:07.000 --> 11:15.000]  And I suspect that at least a variation of this is going on all over the state.
[11:15.000 --> 11:22.000]  If you get appointed to represent a client and you vigorously adjudicate his case,
[11:22.000 --> 11:26.000]  you're not going to get appointed to represent another client.
[11:26.000 --> 11:35.000]  I had one caller, me in private, he was in a case where he had court-appointed counsel.
[11:35.000 --> 11:42.000]  And he's trying to get, he's a researcher, so he's trying to get the lawyer to do his job.
[11:42.000 --> 11:47.000]  And the lawyer got frustrated and finally told him, look, Mr. Stillwell, you don't understand.
[11:47.000 --> 11:52.000]  My only purpose is to ensure you don't have grounds for appeal.
[11:52.000 --> 11:55.000]  Oops.
[11:55.000 --> 11:59.000]  That might have been true, but he wasn't supposed to say that.
[11:59.000 --> 12:01.000]  But that's the fact.
[12:01.000 --> 12:04.000]  That's what your lawyer's doing.
[12:04.000 --> 12:09.000]  That's why he doesn't want to raise these issues because you have grounds for appeal.
[12:09.000 --> 12:10.000]  You know what?
[12:10.000 --> 12:13.000]  I wish you were wrong about this.
[12:13.000 --> 12:19.000]  And I hope people are listening to what you're saying very, very closely.
[12:19.000 --> 12:21.000]  But you're not wrong.
[12:21.000 --> 12:22.000]  You're not wrong.
[12:22.000 --> 12:24.000]  I mean, it's pretty pitiful.
[12:24.000 --> 12:30.000]  It's pretty pitiful that you have to put it out there like that.
[12:30.000 --> 12:33.000]  And these attorneys, shame on them.
[12:33.000 --> 12:42.000]  And I know you say don't criticize them, judge them because they're in a situation, but...
[12:42.000 --> 12:46.000]  Well, I don't say don't kick their behinds.
[12:46.000 --> 12:47.000]  Right, right.
[12:47.000 --> 12:54.000]  I couldn't have a good conscience if I did something like this to a person.
[12:54.000 --> 12:58.000]  And I think most of them start out with a conscience,
[12:58.000 --> 13:08.000]  but they can't keep paying their student loan if they keep their conscience.
[13:08.000 --> 13:14.000]  The good conscience doesn't pay their student loans.
[13:14.000 --> 13:15.000]  Exactly.
[13:15.000 --> 13:17.000]  And it's a spot they're in.
[13:17.000 --> 13:22.000]  I'm sure in law school they don't tell them this part.
[13:22.000 --> 13:26.000]  They think they're going to get out and change the world.
[13:26.000 --> 13:29.000]  They get out and find it's not anything like they thought it was.
[13:29.000 --> 13:31.000]  And the police work.
[13:31.000 --> 13:35.000]  I don't know a single police officer.
[13:35.000 --> 13:37.000]  Now, I don't know that there aren't any,
[13:37.000 --> 13:46.000]  but I don't know a single one that got into the police business so that he could be a jack-booty-duck.
[13:46.000 --> 13:48.000]  They all want to be the good guys.
[13:48.000 --> 13:50.000]  They want to help people.
[13:50.000 --> 13:56.000]  They get in this business and they find out it's not anything like I thought it was.
[13:56.000 --> 13:59.000]  But now they're trapped inside it.
[13:59.000 --> 14:03.000]  And for the most part, they can't fix it.
[14:03.000 --> 14:05.000]  But we can.
[14:05.000 --> 14:11.000]  And for the most part, the way we fix it is by kicking their behinds
[14:11.000 --> 14:16.000]  and giving them plausible deniability.
[14:16.000 --> 14:20.000]  When I land on one of these officers like a ton of bricks,
[14:20.000 --> 14:22.000]  then he can go to his boss and say,
[14:22.000 --> 14:25.000]  hey, you want to do that garbage?
[14:25.000 --> 14:26.000]  You go do that garbage.
[14:26.000 --> 14:27.000]  I'm not going to do it.
[14:27.000 --> 14:29.000]  This guy kicked my behind.
[14:29.000 --> 14:31.000]  It's got plausible deniability.
[14:31.000 --> 14:38.000]  And most of them, I know a lot of police officers, and they all want to do it right.
[14:38.000 --> 14:40.000]  They want to be the good guys.
[14:40.000 --> 14:45.000]  And every one of them is frustrated with this system.
[14:45.000 --> 14:48.000]  I think of them like I do my grandkids.
[14:48.000 --> 14:51.000]  I love them dearly.
[14:51.000 --> 15:00.000]  But if one of them runs out in the road, I am fixing to tan his hide.
[15:00.000 --> 15:03.000]  It works better that way.
[15:03.000 --> 15:06.000]  Give him an attitude adjustment there.
[15:06.000 --> 15:07.000]  Absolutely.
[15:07.000 --> 15:14.000]  And if we think about it that way, it keeps us from getting so angry and frustrated.
[15:14.000 --> 15:15.000]  Right.
[15:15.000 --> 15:16.000]  I agree with you.
[15:16.000 --> 15:23.000]  The worst thing for them to deal with is if someone is a pro se,
[15:23.000 --> 15:28.000]  that they can't get angry, frustrated, get that stupid.
[15:28.000 --> 15:33.000]  The worst thing for them is the one that just keeps on coming.
[15:33.000 --> 15:40.000]  In Tarrant County, the word is that Calton, that no-good SOB,
[15:40.000 --> 15:45.000]  if he comes into your court, he's trying to get you to do something
[15:45.000 --> 15:49.000]  so that he can file criminal charges against you.
[15:49.000 --> 15:51.000]  And that's right, I am.
[15:51.000 --> 15:54.000]  So don't screw with me.
[15:54.000 --> 16:00.000]  If you get him feeling that way about you, screw with Mr. Change.
[16:00.000 --> 16:06.000]  I have slowly but surely acquired that reputation.
[16:06.000 --> 16:11.000]  And I'm not a vindictive person.
[16:11.000 --> 16:17.000]  But I understand that if you allow these people to get away with this,
[16:17.000 --> 16:27.000]  and that's on your record, yeah, it keeps palling up and palling up.
[16:27.000 --> 16:30.000]  I refuse to roll over and play dead.
[16:30.000 --> 16:32.000]  I mean, I'm tired of it.
[16:32.000 --> 16:36.000]  But I've acquired this reputation from being a person
[16:36.000 --> 16:40.000]  that keeps coming back, going after these people.
[16:40.000 --> 16:42.000]  That's what they need.
[16:42.000 --> 16:46.000]  We need one or two people like this in every county.
[16:46.000 --> 16:51.000]  This goes to my intended ultimate outcome.
[16:51.000 --> 16:55.000]  You always need to know where you're going because if you don't,
[16:55.000 --> 16:58.000]  you're likely to wind up somewhere else.
[16:58.000 --> 17:00.000]  And everything I do...
[17:00.000 --> 17:02.000]  Dang, cookies.
[17:02.000 --> 17:04.000]  Cookies? Me love cookies.
[17:04.000 --> 17:07.000]  Oh, hi, Cookie Muncher. No, these are yucky cookies.
[17:07.000 --> 17:10.000]  Cookies? Yucky? No, no bad cookies.
[17:10.000 --> 17:13.000]  You can't even eat these cookies. These are cyber cookies.
[17:13.000 --> 17:14.000]  No, can't eat it?
[17:14.000 --> 17:17.000]  No, they are cyber cookies and they clog up your computer.
[17:17.000 --> 17:18.000]  These have apples.
[17:18.000 --> 17:21.000]  Really? Oh, that's an actual apple.
[17:21.000 --> 17:23.000]  Yummy apple.
[17:23.000 --> 17:27.000]  I'm going to throw away these yucky cookies in the trash.
[17:27.000 --> 17:30.000]  I'm going to click Control, Shift, Delete,
[17:30.000 --> 17:33.000]  and then scroll down to Cookies and clear them.
[17:33.000 --> 17:35.000]  Bye-bye, yucky cookies.
[17:35.000 --> 17:38.000]  Now I go to logosradionetwork.com
[17:38.000 --> 17:41.000]  and I click on the Amazon box on the upper right-hand side,
[17:41.000 --> 17:45.000]  bookmark the link, and I can go to Amazon through this link
[17:45.000 --> 17:47.000]  and order you some yummy new cookies.
[17:47.000 --> 17:49.000]  New cookies? For me?
[17:49.000 --> 17:51.000]  Consider it an early Christmas present.
[17:51.000 --> 17:54.000]  And every time I order on Amazon, I go through this link
[17:54.000 --> 17:57.000]  and I give a little present to this radio network, too.
[17:57.000 --> 17:58.000]  C is for cookie.
[17:58.000 --> 18:00.000]  C is for classified.
[18:00.000 --> 18:02.000]  Are you being harassed by debt collectors
[18:02.000 --> 18:05.000]  with phone calls, letters, or even lawsuits?
[18:05.000 --> 18:09.000]  Stop debt collectors now with the Michael Mears proven method.
[18:09.000 --> 18:13.000]  Michael Mears has won six cases in federal court against debt collectors,
[18:13.000 --> 18:15.000]  and now you can win, too.
[18:15.000 --> 18:17.000]  You'll get step-by-step instructions in plain English
[18:17.000 --> 18:21.000]  on how to win in court using federal civil rights statutes.
[18:21.000 --> 18:25.000]  What to do when contacted by phones, mail, or court summons.
[18:25.000 --> 18:27.000]  How to answer letters and phone calls.
[18:27.000 --> 18:29.000]  How to get debt collectors out of your credit reports.
[18:29.000 --> 18:31.000]  How to turn the financial tables on them
[18:31.000 --> 18:34.000]  and make them pay you to go away.
[18:34.000 --> 18:37.000]  The Michael Mears proven method is the solution
[18:37.000 --> 18:39.000]  for how to stop debt collectors.
[18:39.000 --> 18:41.000]  Personal consultation is available as well.
[18:41.000 --> 18:44.000]  For more information, please visit ruleoflawradio.com
[18:44.000 --> 18:47.000]  and click on the blue Michael Mears banner
[18:47.000 --> 18:50.000]  or email michaelmears at yahoo.com.
[18:50.000 --> 18:57.000]  Ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-f at yahoo.com
[18:57.000 --> 19:00.000]  to learn how to stop debt collectors now.
[19:00.000 --> 19:05.000]  You are listening to the Logos Radio Network.
[19:05.000 --> 19:10.000]  Logosradionetwork.com.
[19:10.000 --> 19:12.000]  Bill?
[19:12.000 --> 19:15.000]  Well, don't let nothing get to you.
[19:15.000 --> 19:17.000]  Okay, we are back.
[19:17.000 --> 19:21.000]  Randy Kelton, Rule of Law Radio, and I ran off the cliff there at the end.
[19:21.000 --> 19:24.000]  For some reason, I'm not hearing the bumper music,
[19:24.000 --> 19:27.000]  so sometimes I miss the end of the segment.
[19:27.000 --> 19:31.000]  And over the break, it looks like we lost Rodney.
[19:31.000 --> 19:39.000]  But my point is, if we don't think badly of these guys,
[19:39.000 --> 19:44.000]  then it's a lot harder for them to engage us.
[19:44.000 --> 19:48.000]  The one thing they want to do is get us engaged with them
[19:48.000 --> 19:53.000]  so they can accuse us of being agitated.
[19:53.000 --> 19:57.000]  That's their favorite word, sir, agitated.
[19:57.000 --> 20:01.000]  It's much better if I can get them agitated.
[20:01.000 --> 20:07.000]  And I've been looking at some YouTube videos of these guys.
[20:07.000 --> 20:13.000]  The guy that got this latest Fifth Circuit ruling,
[20:13.000 --> 20:18.000]  he's out here videotaping the courthouse,
[20:18.000 --> 20:20.000]  and the police come out and give him a hard time.
[20:20.000 --> 20:24.000]  Well, I get about two words out of a policeman I don't like.
[20:24.000 --> 20:27.000]  I call 911.
[20:27.000 --> 20:30.000]  I'm going to wind up with a lot of cops out there anyway.
[20:30.000 --> 20:33.000]  It's a lot better if I've called them.
[20:33.000 --> 20:35.000]  It changes the whole dynamic.
[20:35.000 --> 20:39.000]  Then I get to accuse this cop of being agitated
[20:39.000 --> 20:43.000]  and he can accuse me of being agitated.
[20:43.000 --> 20:45.000]  And when I'm ordering them around,
[20:45.000 --> 20:50.000]  it's a lot easier for me to maintain my composure.
[20:50.000 --> 20:53.000]  Anyway, enough on that.
[20:53.000 --> 20:56.000]  Let's go to Sandy in Texas.
[20:56.000 --> 20:58.000]  Hello, Sandy.
[20:58.000 --> 21:03.000]  Hi.
[21:03.000 --> 21:05.000]  Hello.
[21:05.000 --> 21:06.000]  Oh, gotcha.
[21:06.000 --> 21:07.000]  There we go.
[21:07.000 --> 21:08.000]  Hello, Sandy.
[21:08.000 --> 21:10.000]  Hi.
[21:10.000 --> 21:14.000]  Actually, I have a mortgage question.
[21:14.000 --> 21:18.000]  Well, I just happen to have some mortgage answers.
[21:18.000 --> 21:21.000]  Do you?
[21:21.000 --> 21:27.000]  I've actually been going through divorces last two years.
[21:27.000 --> 21:34.000]  Back in December, I found out that my ex-husband was behind on the house payment.
[21:34.000 --> 21:37.000]  I asked to take over the house.
[21:37.000 --> 21:43.000]  The only reason why he had stayed for the house was because I did not want to live in the house.
[21:43.000 --> 21:47.000]  I was scared for the safety of myself and my children,
[21:47.000 --> 21:50.000]  so I opted to stay away from the house.
[21:50.000 --> 21:54.000]  I then found out that he was behind on the payments,
[21:54.000 --> 21:57.000]  so I asked to take over the house.
[21:57.000 --> 22:03.000]  At that time, he decided that he would go ahead and keep up with the payments.
[22:03.000 --> 22:09.000]  June came around, and I found out that he was completely behind on the house, had abandoned the house,
[22:09.000 --> 22:13.000]  so I went through the court system to try to get the house.
[22:13.000 --> 22:18.000]  It took from June to September before I was awarded the house.
[22:18.000 --> 22:26.000]  By that time, it was completely late as far as payments, anything else that could be done.
[22:26.000 --> 22:35.000]  I tried to get a loan modification, but because he would not sign small claims deed or something of that nature,
[22:35.000 --> 22:38.000]  I'm not sure exactly if that's the right wording.
[22:38.000 --> 22:48.000]  They told me that I could do nothing, so they ended up just kind of denying my loan modification.
[22:48.000 --> 22:52.000]  So my house is up for auction come March 7th.
[22:52.000 --> 22:57.000]  And my question is, is there anything that I can do at this point?
[22:57.000 --> 23:02.000]  Oh, there are lots of things you can do.
[23:02.000 --> 23:15.000]  Now, I could help you with this, but I could probably only keep the mortgage company at bay for 8 or 10 years.
[23:15.000 --> 23:16.000]  Okay.
[23:16.000 --> 23:22.000]  It's not that hard in order to be able to help you.
[23:22.000 --> 23:31.000]  The first thing I would need are all of the documents that have been filed with the county recorder
[23:31.000 --> 23:37.000]  since you received a warranty deed on the property.
[23:37.000 --> 23:41.000]  Now, once I have those...
[23:41.000 --> 23:44.000]  Go ahead.
[23:44.000 --> 23:48.000]  Okay, so you just go to the county recorder of deeds.
[23:48.000 --> 23:50.000]  What county are you in?
[23:50.000 --> 23:52.000]  I'm in Jim Wells County.
[23:52.000 --> 23:54.000]  Oh, so it's not a big county.
[23:54.000 --> 23:55.000]  Okay.
[23:55.000 --> 23:56.000]  No.
[23:56.000 --> 24:02.000]  Most of the larger counties have everything online.
[24:02.000 --> 24:06.000]  You might check to see if your county has everything online.
[24:06.000 --> 24:12.000]  If they do, send me the address of the property.
[24:12.000 --> 24:14.000]  I'm sorry, not the address.
[24:14.000 --> 24:22.000]  The address, the name that's on the warranty deed.
[24:22.000 --> 24:25.000]  Then I can look this up myself.
[24:25.000 --> 24:26.000]  Right.
[24:26.000 --> 24:31.000]  And see, that was the question that I had because the house is actually under my name.
[24:31.000 --> 24:34.000]  I was the one that was, you know, everything.
[24:34.000 --> 24:41.000]  But apparently there was a little clause in there stating that at the end when the house was paid off or whatnot,
[24:41.000 --> 24:46.000]  my ex would have whatever to the house.
[24:46.000 --> 24:50.000]  And that is the only reason why I was not able to get the loan modification
[24:50.000 --> 24:54.000]  because he had to sign because of that little clause.
[24:54.000 --> 25:00.000]  I'm going to suggest to you that I'm going to suggest that there's no way you would have got the loan modification.
[25:00.000 --> 25:04.000]  Loan modification is nothing but a scam.
[25:04.000 --> 25:05.000]  Okay.
[25:05.000 --> 25:08.000]  So they don't want to give you a loan modification.
[25:08.000 --> 25:12.000]  How long have you, how old is the mortgage?
[25:12.000 --> 25:15.000]  Ten years now.
[25:15.000 --> 25:18.000]  So it's 07.
[25:18.000 --> 25:24.000]  So you purchased or you refinanced, was it a refinance or a purchase?
[25:24.000 --> 25:26.000]  We first purchased it.
[25:26.000 --> 25:34.000]  My ex-husband lost his job, so I refinanced it under my name.
[25:34.000 --> 25:36.000]  Okay, so it's a refinance.
[25:36.000 --> 25:37.000]  Okay.
[25:37.000 --> 25:39.000]  Yes, it has been a refinance.
[25:39.000 --> 25:40.000]  Yes.
[25:40.000 --> 25:43.000]  Okay, so, okay.
[25:43.000 --> 25:49.000]  07 is just before the sky really fell in.
[25:49.000 --> 25:50.000]  Right.
[25:50.000 --> 25:59.000]  This was during the largest real estate scam in the history of the world.
[25:59.000 --> 26:02.000]  And the banks did everything wrong.
[26:02.000 --> 26:08.000]  Who was the lender for the refinance?
[26:08.000 --> 26:12.000]  The original lender was First Community Bank.
[26:12.000 --> 26:14.000]  That was the original.
[26:14.000 --> 26:18.000]  And then they turned around and sold it, but I'm not sure who that was.
[26:18.000 --> 26:19.000]  Hold on, hold on.
[26:19.000 --> 26:26.000]  Community Bank, that's the one that did the refinance or was that the original purchase?
[26:26.000 --> 26:31.000]  That was the original purchase that I bought it from was First Community Bank.
[26:31.000 --> 26:32.000]  Okay.
[26:32.000 --> 26:37.000]  Who was, who did the refinance?
[26:37.000 --> 26:39.000]  I'm not quite sure.
[26:39.000 --> 26:44.000]  I'd have to try and look for those paperwork, but they turned around and sold it to Edmonton.
[26:44.000 --> 26:45.000]  Wait, wait, wait.
[26:45.000 --> 26:46.000]  Hold on.
[26:46.000 --> 26:47.000]  Don't go there yet.
[26:47.000 --> 26:49.000]  I'll get to that in a minute.
[26:49.000 --> 26:52.000]  You don't know what they did.
[26:52.000 --> 26:53.000]  No.
[26:53.000 --> 26:56.000]  That's the point.
[26:56.000 --> 27:03.000]  There's so much information out there and a lot of it is so inaccurate that people get the wrong impression.
[27:03.000 --> 27:12.000]  And the banks will, they'll feed you a song and dance and sell it to you in your pants.
[27:12.000 --> 27:14.000]  You don't know if they sold it or not.
[27:14.000 --> 27:15.000]  Here's what happens.
[27:15.000 --> 27:17.000]  I don't.
[27:17.000 --> 27:24.000]  The first thing you want to look at, the first thing I'm going to look at is who is the original lender
[27:24.000 --> 27:29.000]  and is the original lender still in business?
[27:29.000 --> 27:34.000]  And then I'm going to look in the record for an assignment.
[27:34.000 --> 27:44.000]  I want to see who assigned what to whom because, and I want to see when the assignment was.
[27:44.000 --> 27:54.000]  But mostly what I find is that these small mortgage companies, for the most part, they were put in business by the banks.
[27:54.000 --> 28:02.000]  The banks created these mortgage companies and then they sent them out to write these predatory loans,
[28:02.000 --> 28:07.000]  these very highly profitable predatory loans.
[28:07.000 --> 28:21.000]  And then the mortgage company, which is actually a part of the bank, transferred the mortgage to the bank at a loss
[28:21.000 --> 28:23.000]  so that they could claim a loss.
[28:23.000 --> 28:31.000]  They could write off all of this profit that they're going to make on this loan against the IRS
[28:31.000 --> 28:34.000]  so they don't have to pay taxes on this profit.
[28:34.000 --> 28:36.000]  It was a scam.
[28:36.000 --> 28:42.000]  But what happened because of a scam is they put this, they create this mortgage company
[28:42.000 --> 28:45.000]  and they make it lose money on every transaction.
[28:45.000 --> 28:51.000]  They run it for two or three years and then they shut it down and they open another one.
[28:51.000 --> 28:54.000]  Here's the problem.
[28:54.000 --> 29:02.000]  When this mortgage company received a warranty deed from you, you sat down at closing
[29:02.000 --> 29:12.000]  and the mortgage company traded you a warranty deed for the property for a promise to pay
[29:12.000 --> 29:18.000]  and a claim against the property in the form of a deed of trust.
[29:18.000 --> 29:20.000]  Right.
[29:20.000 --> 29:24.000]  The claim belongs to the mortgage company.
[29:24.000 --> 29:31.000]  And the mortgage company under law is a person.
[29:31.000 --> 29:36.000]  We think of when we talk about person out here in the real world, we're talking about human beings.
[29:36.000 --> 29:44.000]  But in law, it also includes legal fictions, corporations, LLCs, associations, so forth.
[29:44.000 --> 29:47.000]  Hang on, going to break, beating it back.
[29:47.000 --> 29:49.000]  Randy Kelton, beautiful radio.
[29:49.000 --> 29:53.000]  I call it number 512-646-1984.
[29:53.000 --> 29:56.000]  We'll be right back.
[29:56.000 --> 30:02.000]  Okay.
[30:27.000 --> 30:29.000]  So protect your rights.
[30:29.000 --> 30:32.000]  Say no to surveillance and keep your information to yourself.
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[30:46.000 --> 30:49.000]  We all know the elderly are more prone to depression if they live alone,
[30:49.000 --> 30:55.000]  but new research suggests that same pattern may also affect younger working age adults.
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[30:58.000 --> 31:02.000]  researchers found that a quarter of those living alone took antidepressants.
[31:02.000 --> 31:07.000]  That's almost double the rate of those who live with spouses, family, or roommates.
[31:07.000 --> 31:12.000]  Did living alone cause depression, or do depression-prone people simply prefer solitude?
[31:12.000 --> 31:17.000]  Both explanations are plausible, but there's one important wake-up call to all of us
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[31:21.000 --> 31:24.000]  Some human contact could make all the difference in their world.
[31:24.000 --> 31:29.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:55.000 --> 32:01.000]  and see what our powder, seeds, and oil can do for you only at SQSA.org.
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[32:13.000 --> 32:16.000]  Among those rights are the right to travel freely from place to place,
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[33:25.000 --> 33:50.000]  Big K, we are back, Randy Kelton, Rule of Law Radio,
[33:50.000 --> 33:56.000]  and we have our fundraiser going and frankly we need all the help we can get.
[33:56.000 --> 34:00.000]  We're trying to raise $10,000 this year.
[34:00.000 --> 34:08.000]  And in the overall scheme of things, that is a very small amount to keep a network of this size going.
[34:08.000 --> 34:13.000]  We have really been keeping things going on a shoestring,
[34:13.000 --> 34:19.000]  but our equipment is kind of getting old and we need to upgrade some of it.
[34:19.000 --> 34:21.000]  So we need all the help we can get.
[34:49.000 --> 34:53.000]  You might need to pull the plug.
[34:53.000 --> 34:57.000]  I'm not well.
[34:57.000 --> 35:06.000]  Take me off the air.
[35:06.000 --> 35:19.000]  I want to demolish the bridge that they have to intervene in our rights, to seize our rights.
[35:19.000 --> 35:29.000]  I figure that the driver's license is the best tool to use to show the world
[35:29.000 --> 35:41.000]  or people how the government is using their watchful eyes to intrude in everything that we do.
[35:41.000 --> 35:48.000]  I'm thinking that the driver's license is the most easiest because people deal with it every day.
[35:48.000 --> 35:52.000]  They understand it on a conceptual level.
[35:52.000 --> 35:58.000]  Okay, when you have achieved your outcome, how will you know?
[35:58.000 --> 36:08.000]  I would know by when more people are aware about it.
[36:08.000 --> 36:20.000]  I would know when the legislatures and the courts are not telling people that they need a driver's license or hire.
[36:20.000 --> 36:23.000]  This is kind of the point I was going to.
[36:23.000 --> 36:34.000]  When I put together this statement of intent, it has served me extremely well.
[36:34.000 --> 36:38.000]  And you're at a point that you need that.
[36:38.000 --> 36:44.000]  I had a bailiff once drag me down the stairs, shove me out the door.
[36:44.000 --> 36:48.000]  And as I stepped out the door, he actually didn't shove me out.
[36:48.000 --> 36:53.000]  I stepped out the door and he gave me just a little push because he was annoyed at me.
[36:53.000 --> 36:56.000]  And I have a way of creating that.
[36:56.000 --> 37:02.000]  Well, my foot hit a carpet there that they had put down to clean your feet on because it was in the winter.
[37:02.000 --> 37:04.000]  And that carpet went out from under me.
[37:04.000 --> 37:09.000]  I fell down backwards and landed on my elbow on a granite step.
[37:09.000 --> 37:17.000]  It crushed the point of my elbow through my shirt and through my suit coat.
[37:17.000 --> 37:20.000]  It made a hole all the way through all of them.
[37:20.000 --> 37:23.000]  That's how hard I landed on it.
[37:23.000 --> 37:29.000]  And I looked at that and said, what the bailiff did.
[37:29.000 --> 37:39.000]  And first thing, he pushed me out the door to keep me from getting to a grand jury with criminal complaints against the prosecuting attorney.
[37:39.000 --> 37:50.000]  What he did was so horribly wrong that it could not only cost him his job, it could potentially put him in jail.
[37:50.000 --> 37:53.000]  And I had him dead bang.
[37:53.000 --> 38:07.000]  So I asked myself, how will going after this bailiff lead me toward my intended outcome?
[38:07.000 --> 38:19.000]  And I could not find a way to frame that to where it would have the effect of leading me toward my intended outcome.
[38:19.000 --> 38:25.000]  So as a matter of self-discipline, I didn't go after the bailiff.
[38:25.000 --> 38:31.000]  Turned out to be the single most powerful thing I've ever done.
[38:31.000 --> 38:39.000]  When I didn't go after that bailiff, all of a sudden, everybody looked at me different.
[38:39.000 --> 38:42.000]  I became Mr. Kelton.
[38:42.000 --> 38:51.000]  I began to start getting treated with dignity, respect, and concern.
[38:51.000 --> 39:02.000]  Because what it told them was, if this guy's coming after you, and there's not anything you can do to lead him off the trail,
[39:02.000 --> 39:12.000]  that bailiff was a red herring and would have led me down a rabbit hole away from my intended outcome.
[39:12.000 --> 39:18.000]  You need a beacon out in front of you.
[39:18.000 --> 39:23.000]  Because they're going to do stuff to really get you upset.
[39:23.000 --> 39:27.000]  Going to make you want to go after them and beat them up and cause them all kinds of misery
[39:27.000 --> 39:34.000]  because you're beginning to realize that you have the power to do that.
[39:34.000 --> 39:38.000]  Now you begin to become dangerous.
[39:38.000 --> 39:46.000]  So how do you convert that power into an agent for change?
[39:46.000 --> 39:52.000]  The way you do that is focus on an outcome.
[39:52.000 --> 39:59.000]  Filter everything you do through that outcome.
[39:59.000 --> 40:04.000]  And the way you deal with them will change dramatically.
[40:04.000 --> 40:08.000]  And that's when they realize this guy's coming after us.
[40:08.000 --> 40:12.000]  He's not wavering. He's not getting distracted.
[40:12.000 --> 40:14.000]  This guy's bad news.
[40:14.000 --> 40:18.000]  So think about that.
[40:18.000 --> 40:25.000]  Every time you start to do something, ask yourself, what am I trying to achieve by this?
[40:25.000 --> 40:31.000]  This is probably the most powerful thing you can do a living day.
[40:31.000 --> 40:34.000]  Does that make sense?
[40:34.000 --> 40:35.000]  Yeah, you're right.
[40:35.000 --> 40:37.000]  That's why I was trying to mention earlier,
[40:37.000 --> 40:44.000]  something about making that move to what I realized and listening,
[40:44.000 --> 40:50.000]  studying several cases, researching and listening to these politicians and everything
[40:50.000 --> 40:53.000]  and learning about distribution of wealth and everything
[40:53.000 --> 41:00.000]  and getting a good concept of how these attorneys built the game,
[41:00.000 --> 41:04.000]  what America is and what wealth is and everything.
[41:04.000 --> 41:08.000]  So that's when I started realizing, hey,
[41:08.000 --> 41:14.000]  I don't need to get my panties in the budge because I'm doing something real, real big here.
[41:14.000 --> 41:18.000]  So no matter how long it takes, I need to have that kind of poise.
[41:18.000 --> 41:22.000]  I need to have that poise that this is something big that you're doing
[41:22.000 --> 41:24.000]  so you can't be getting annoyed and rushing.
[41:24.000 --> 41:29.000]  And then through my research, I've seen all these cases where I've read the issue
[41:29.000 --> 41:36.000]  and I've seen it as soon as I see the black and white, but the courts rule otherwise,
[41:36.000 --> 41:39.000]  if they didn't get overturned.
[41:39.000 --> 41:42.000]  So it's like building.
[41:42.000 --> 41:48.000]  I'm looking, I'm in the process of taking the next step.
[41:48.000 --> 41:57.000]  For 30 years, I thought in terms of getting judges' rulings overturned,
[41:57.000 --> 42:00.000]  appealing their rulings to a higher court,
[42:00.000 --> 42:05.000]  but it became clear that the higher court was just as corrupt as the lower court.
[42:05.000 --> 42:09.000]  It's all politics in all of it.
[42:09.000 --> 42:18.000]  So I'm shifting gears now, or you might say I'm adding an extra layer.
[42:18.000 --> 42:30.000]  As I go through these cases and take actions with courts and other public officials,
[42:30.000 --> 42:38.000]  I'm trying to get the outcome I'm after, but I'm also doing something else.
[42:38.000 --> 42:42.000]  I am looking for a violation of law.
[42:42.000 --> 42:50.000]  If I can get a judge to render a bogus ruling, how do I get that to work for me?
[42:50.000 --> 42:53.000]  Because I'm going to get lots of bogus rulings.
[42:53.000 --> 42:58.000]  You hear everybody say, oh, that dirty rotten judge, he did this, he did that, he did the other.
[42:58.000 --> 43:04.000]  And my question now is becoming, well, did you file criminally against him?
[43:04.000 --> 43:09.000]  And if not, why not?
[43:09.000 --> 43:16.000]  They want you to think your only option is to file an appeal to the court of appeals.
[43:16.000 --> 43:22.000]  But I'm thinking back to official misconduct and official oppression.
[43:22.000 --> 43:23.000]  I understand.
[43:23.000 --> 43:25.000]  You see, I understand that.
[43:25.000 --> 43:30.000]  But when you go try to file a criminal claim, how about if you're blocked?
[43:30.000 --> 43:33.000]  Now, if you're blocked, now you've got to go through all these extra groups
[43:33.000 --> 43:39.000]  with somebody who has time to do that, it's OK.
[43:39.000 --> 43:43.000]  No, no, that ain't about criminal.
[43:43.000 --> 43:49.000]  Excuse me, it's not like civil cases.
[43:49.000 --> 43:53.000]  Criminal, you make up a little criminal complaint and file it.
[43:53.000 --> 43:54.000]  And that's it.
[43:54.000 --> 43:57.000]  He's going on break.
[43:57.000 --> 43:58.000]  Yes, we are.
[43:58.000 --> 44:02.000]  We'll be right back.
[44:02.000 --> 44:06.000]  Hello, my name is Stuart Smith from naturespureorganics.com
[44:06.000 --> 44:09.000]  and I would like to invite you to come by our store at 1904
[44:09.000 --> 44:12.000]  Guadalupe Street Sweet D here in Austin, Texas,
[44:12.000 --> 44:15.000]  buying Brave New Books and Chase Bay to see all our fantastic health
[44:15.000 --> 44:18.000]  and wellness products with your very own eyes.
[44:18.000 --> 44:21.000]  Have a look at our Miracle Healing Clay that started our adventure
[44:21.000 --> 44:22.000]  in alternative medicine.
[44:22.000 --> 44:24.000]  Take a peek at some of our other wonderful products,
[44:24.000 --> 44:28.000]  including our Australian Eme oil, lotion candles, olive oil soaps,
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[44:30.000 --> 44:37.000]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.000 --> 44:42.000]  That's 512-264-4043, naturespureorganics.com.
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[44:45.000 --> 44:49.000]  and our products, naturespureorganics.com.
[44:49.000 --> 45:03.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:01.000 --> 46:20.000]  MUSIC
[46:20.000 --> 46:23.000]  Okay, we are back, Randy Kelton, Rule of Law Radio,
[46:23.000 --> 46:26.000]  and I apologize about that last segment.
[46:26.000 --> 46:32.000]  I had a little issue there, but I seem to have recovered just fine.
[46:32.000 --> 46:40.000]  And we were talking to Sandy in Texas about a foreclosure issue.
[46:40.000 --> 46:42.000]  Sandy, are you still there?
[46:42.000 --> 46:44.000]  Yes.
[46:44.000 --> 46:46.000]  I apologize about that segment.
[46:46.000 --> 46:50.000]  I had a little issue and we had to pull the plug.
[46:50.000 --> 46:51.000]  That's okay.
[46:51.000 --> 46:59.000]  Okay, there's a perspective that I'm trying to give you as a reason
[46:59.000 --> 47:00.000]  I'm going this way.
[47:00.000 --> 47:03.000]  It'll make a lot of what's going on make sense.
[47:03.000 --> 47:11.000]  These mortgage companies, they run for three or four years,
[47:11.000 --> 47:14.000]  and then they go out of business, and they open up another one.
[47:14.000 --> 47:18.000]  The problem is the mortgage company is a person under law.
[47:18.000 --> 47:27.000]  And that person has assets in the form of deeds of trust filed in the public record.
[47:27.000 --> 47:35.000]  Well, if the person goes out of business, the person dies.
[47:35.000 --> 47:41.000]  So what happens if you have an asset and you're getting ill and infirm,
[47:41.000 --> 47:46.000]  but you don't sell the asset or will it to someone else?
[47:46.000 --> 47:48.000]  You die.
[47:48.000 --> 47:51.000]  It goes into probate.
[47:51.000 --> 47:55.000]  When a legal fiction dies, there is no probate.
[47:55.000 --> 48:01.000]  So the mortgage company holds this deed of trust.
[48:01.000 --> 48:07.000]  They go out of business without transferring the deed of trust to somebody else.
[48:07.000 --> 48:10.000]  They abandon it.
[48:10.000 --> 48:14.000]  And the banks had a lot of problem with this.
[48:14.000 --> 48:17.000]  So they stuck Merz in there.
[48:17.000 --> 48:24.000]  Merz then pretends to transfer this asset to somebody else.
[48:24.000 --> 48:29.000]  And Merz said, we are the nominee for the lender.
[48:29.000 --> 48:33.000]  Well, what in the heck does that mean?
[48:33.000 --> 48:35.000]  I don't know what it means.
[48:35.000 --> 48:40.000]  It doesn't mean agent.
[48:40.000 --> 48:48.000]  If they met agent, then they would have defined Merz as their agent.
[48:48.000 --> 48:52.000]  But they called Merz a nominee.
[48:52.000 --> 48:57.000]  So maybe somebody nominated Merz to be the agent.
[48:57.000 --> 49:04.000]  But there's no evidence in the record that Merz is an agent for the lender
[49:04.000 --> 49:08.000]  or ever was an agent for the lender.
[49:08.000 --> 49:17.000]  And even if Merz was an agent for the lender, agency dies when the person dies.
[49:17.000 --> 49:24.000]  If you have durable power of attorney, say for your mother, and your mother passes away,
[49:24.000 --> 49:29.000]  durable power of attorney passes away with your mother, it ends.
[49:29.000 --> 49:32.000]  Then it goes to probate.
[49:32.000 --> 49:33.000]  Right.
[49:33.000 --> 49:38.000]  So that's why I ask if this company is still in business.
[49:38.000 --> 49:41.000]  That's the first thing you want to check, see if they went out of business.
[49:41.000 --> 49:45.000]  And then you look for an assignment.
[49:45.000 --> 49:57.000]  The way the claim in the deed of trust is transferred from one entity to another is through an assignment.
[49:57.000 --> 50:04.000]  But it's not apparent from the surface what happened there.
[50:04.000 --> 50:11.000]  Because the promise to pay, that's the object of value.
[50:11.000 --> 50:18.000]  The deed of trust is merely a security instrument to secure the object of value.
[50:18.000 --> 50:19.000]  Right.
[50:19.000 --> 50:30.000]  Well, it's apparent that the original lender never ever owned the object of value.
[50:30.000 --> 50:33.000]  It appeared as though they did.
[50:33.000 --> 50:39.000]  An example is Washington Mutual, one of the major banks.
[50:39.000 --> 50:45.000]  Thousands and thousands of people got mortgages through Washington Mutual.
[50:45.000 --> 50:53.000]  Washington Mutual, being a major bank, gave the impression that when you wrote a contract with them,
[50:53.000 --> 50:55.000]  they went to the Fed window.
[50:55.000 --> 51:04.000]  And from the Fed window, they pulled from their Federal Reserve account, their fractional Federal Reserve account.
[51:04.000 --> 51:11.000]  For every dollar they actually had deposited in that account, they could pull $10.
[51:11.000 --> 51:20.000]  So this created money 10 to 1, just created this money out of the thin air.
[51:20.000 --> 51:26.000]  And the intent was is when the mortgage payments are paid,
[51:26.000 --> 51:32.000]  Washington Mutual would pay those funds back into that Federal Reserve account
[51:32.000 --> 51:37.000]  and send that fictional money back to the thin air from which it came.
[51:37.000 --> 51:47.000]  This had the effect of increasing the velocity of money without increasing the amount of money in circulation.
[51:47.000 --> 51:53.000]  So it didn't overinflate our economy, but it gave us enough dollar bills to work with.
[51:53.000 --> 52:01.000]  If the government printed $100,000 bills, that's all there is.
[52:01.000 --> 52:09.000]  And if business grows, you don't have enough money to do all your transactions with.
[52:09.000 --> 52:14.000]  So they came up with checks and such, but the checks had to be based on real money.
[52:14.000 --> 52:20.000]  This fractional reserve system let them create the money when the transaction began,
[52:20.000 --> 52:23.000]  put the money back when it went away. It's a great idea.
[52:23.000 --> 52:27.000]  Except that wasn't what they did.
[52:27.000 --> 52:33.000]  What they actually did was got their money from a special purpose of the vehicle.
[52:33.000 --> 52:42.000]  This is a company set up to create a whole bunch of mortgages and pool them together into one big pool.
[52:42.000 --> 52:48.000]  And then they sell off investments in that pool.
[52:48.000 --> 52:55.000]  Well, they would file the pool with the IRS in the form of a real estate mortgage investment conduit.
[52:55.000 --> 52:59.000]  And then they would sell what they called tranches. You'll hear these terms.
[52:59.000 --> 53:04.000]  A tranche is like a slice off the pool.
[53:04.000 --> 53:11.000]  If you ever went and got a gyro sandwich, they got a big piece of meat and they just take little slices off of it.
[53:11.000 --> 53:16.000]  That's what a tranche is. Let's say this guy 1%, this guy 5%.
[53:16.000 --> 53:22.000]  But that's 5% of 20,000 mortgages.
[53:22.000 --> 53:34.000]  In order to protect and perfect their claim, they would have to file in every one of those mortgages
[53:34.000 --> 53:39.000]  a document showing the change in the beneficial interest.
[53:39.000 --> 53:43.000]  That's like 30 to 50 bucks a pop.
[53:43.000 --> 53:46.000]  It was just not functional. They couldn't do it that way.
[53:46.000 --> 53:55.000]  So they created MERS. And MERS stands here like the agent to the holder.
[53:55.000 --> 54:02.000]  And the actual holder standing behind MERS is just selling this thing back and forth all over the place
[54:02.000 --> 54:07.000]  while MERS stands as the straw holder, the pretend holder.
[54:07.000 --> 54:12.000]  It was a neat trick, just the problem was it was a needle.
[54:12.000 --> 54:23.000]  So they were trying to avoid having to file all of these notices in the public grid.
[54:23.000 --> 54:26.000]  And they did avoid it.
[54:26.000 --> 54:36.000]  The problem was when Washington Mutual went out of business, they had hundreds of thousands of mortgages.
[54:36.000 --> 54:44.000]  And they never filed an assignment of those mortgages to some third party.
[54:44.000 --> 54:51.000]  Every state has a statute that is similar to what Texas has.
[54:51.000 --> 54:57.000]  In Texas 13.001, Texas Property Code says,
[54:57.000 --> 55:08.000]  any claim against real property, not properly acknowledged or proven, acknowledged,
[55:08.000 --> 55:21.000]  signed before a notary, proven to witnesses, and filed in the public record is void as to the holder.
[55:21.000 --> 55:28.000]  So for your part, you don't care who sold what to who.
[55:28.000 --> 55:30.000]  Don't make any jokes.
[55:30.000 --> 55:36.000]  The only thing you care about is what's filed in that public record.
[55:36.000 --> 55:46.000]  Because this guy could be the true, genuine, bona fide holder of the mortgage.
[55:46.000 --> 55:54.000]  But if he doesn't have an uninterrupted chain of holdership in the public record,
[55:54.000 --> 55:59.000]  he could use that claim for toilet paper.
[55:59.000 --> 56:06.000]  All this stuff about securitization and MERS, we don't care about all that.
[56:06.000 --> 56:08.000]  What is in the record?
[56:08.000 --> 56:15.000]  If it's not in the record according to 13.001, you can use it for toilet paper.
[56:15.000 --> 56:20.000]  So first thing I want to see, what is in that record?
[56:20.000 --> 56:24.000]  Who filed the first assignment?
[56:24.000 --> 56:27.000]  I just looked at one yesterday.
[56:27.000 --> 56:32.000]  The mortgage company went, the mortgage was in 07.
[56:32.000 --> 56:38.000]  Mortgage company went out of business in 08, 2010.
[56:38.000 --> 56:45.000]  Some select portfolios or something that wasn't the original mortgage company
[56:45.000 --> 56:51.000]  filed an assignment of the mortgage to one of the big banks.
[56:51.000 --> 56:54.000]  Let's see, who's this guy?
[56:54.000 --> 56:57.000]  This guy's not mentioned in the record anywhere.
[56:57.000 --> 57:05.000]  Let's see, Texas Government Code 51.901C.
[57:05.000 --> 57:12.000]  It says that any document filed in the record affecting you
[57:12.000 --> 57:20.000]  by someone who doesn't have a document showing that they have standing to file this document,
[57:20.000 --> 57:27.000]  the document is presumed to be fraudulent.
[57:27.000 --> 57:33.000]  Now this is a very focused definition of fraudulent.
[57:33.000 --> 57:41.000]  It's fraud based on not having, you know, I could go file a transfer of your mortgage to somebody else.
[57:41.000 --> 57:44.000]  You would say, who the heck are you?
[57:44.000 --> 57:46.000]  That's exactly the point.
[57:46.000 --> 57:49.000]  If there's not something in there showing they have the power, then it's garbage.
[57:49.000 --> 57:51.000]  So I'd look for one of those.
[57:51.000 --> 57:54.000]  The first thing you want to do is file a...
[57:54.000 --> 57:59.000]  The first thing I need to look for is the first assignment.
[57:59.000 --> 58:00.000]  Look at that first assignment.
[58:00.000 --> 58:04.000]  I'll look through it.
[58:04.000 --> 58:05.000]  This is what I'm going to look for.
[58:05.000 --> 58:09.000]  And then I'm going to file a quiet title search.
[58:09.000 --> 58:15.000]  A quiet title is a petition for a declaratory judgment.
[58:15.000 --> 58:17.000]  You're not asking for any harm.
[58:17.000 --> 58:20.000]  You're not asking for any cover.
[58:20.000 --> 58:21.000]  And I'm about to go to break.
[58:21.000 --> 58:27.000]  I'll explain on the other side why you don't want to ask for the cover.
[58:27.000 --> 58:31.000]  In fact, it gets us to discovery in the case.
[58:31.000 --> 58:35.000]  And that's the thing the banks want to avoid at all costs.
[58:35.000 --> 58:36.000]  Hang on.
[58:36.000 --> 58:38.000]  Randy Kelton, Wheel of Law Radio.
[58:38.000 --> 58:42.000]  I call it number 512-646-1984.
[58:42.000 --> 58:50.000]  We'll be right back.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 58:57.000]  Bibles for America is offering a free study Bible
[58:57.000 --> 59:01.000]  and a set of free Christian books that can really help.
[59:01.000 --> 59:04.000]  The New Testament Recovery Version is one of the most comprehensive
[59:04.000 --> 59:06.000]  study Bibles available today.
[59:06.000 --> 59:09.000]  It's an accurate translation and it contains thousands of footnotes
[59:09.000 --> 59:13.000]  that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:21.000]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.000 --> 59:24.000]  clearly presents God's plan of salvation,
[59:24.000 --> 59:27.000]  growing in Christ and how to build up the church.
[59:27.000 --> 59:30.000]  To order your free New Testament Recovery Version
[59:30.000 --> 59:33.000]  and Basic Elements of the Christian Life,
[59:33.000 --> 59:40.000]  call Bibles for America toll free at 888-551-0102.
[59:40.000 --> 59:44.000]  That's 888-551-0102.
[59:44.000 --> 59:52.000]  Or visit us online at bfa.org.
[59:52.000 --> 59:55.000]  You're listening to the Logos Radio Network
[59:55.000 --> 01:00:02.000]  at logosradionetwork.com.
[01:00:02.000 --> 01:00:07.000]  The following news flash is brought to you by the Lone Star Lowdown,
[01:00:07.000 --> 01:00:14.000]  providing the jelly bulletins for the commodities market, today in history, news updates,
[01:00:14.000 --> 01:00:23.000]  and the inside scoop into the tides of the alternative.
[01:00:23.000 --> 01:00:26.000]  Markets for Wednesday the 22nd of February 2017
[01:00:26.000 --> 01:00:30.000]  are currently trading with gold at $1,237.21 an ounce,
[01:00:30.000 --> 01:00:32.000]  silver $18.01 an ounce,
[01:00:32.000 --> 01:00:35.000]  Texas crude $53.40 a barrel,
[01:00:35.000 --> 01:00:45.000]  and Bitcoin is still rising sitting at about $1,130 U.S. currency.
[01:00:45.000 --> 01:00:48.000]  Today in history, the year 1943,
[01:00:48.000 --> 01:00:50.000]  members of the White Rose Resistance,
[01:00:50.000 --> 01:00:53.000]  a nonviolent intellectual resistance group in Nazi Germany
[01:00:53.000 --> 01:00:56.000]  led by a group of students and a professor at the University of Munich
[01:00:56.000 --> 01:00:59.000]  that conducted an anonymous leaflet and graffiti campaign,
[01:00:59.000 --> 01:01:02.000]  which called for active opposition against the Nazi regime,
[01:01:02.000 --> 01:01:05.000]  started on June 27, 1942,
[01:01:05.000 --> 01:01:07.000]  and ending with the arrest of the core group,
[01:01:07.000 --> 01:01:09.000]  Sophie Scholl, Hans Scholl,
[01:01:09.000 --> 01:01:13.000]  and Christoph Props by the Gustapo on February 18,
[01:01:13.000 --> 01:01:19.000]  were executed today in history.
[01:01:19.000 --> 01:01:20.000]  In recent news,
[01:01:20.000 --> 01:01:24.000]  the Palestinian Badouin village of Kahn al-Alamar near Jerusalem
[01:01:24.000 --> 01:01:26.000]  was raided by Israeli defense forces on Sunday
[01:01:26.000 --> 01:01:30.000]  after Israeli's government issued a demolition order for the Palestinian village.
[01:01:30.000 --> 01:01:33.000]  The IDF imposed a military closure on dozens of structures, homes,
[01:01:33.000 --> 01:01:35.000]  and the only school in the area,
[01:01:35.000 --> 01:01:39.000]  giving residents just a few days until Thursday of this week to evacuate.
[01:01:39.000 --> 01:01:42.000]  It's estimated that 40 Palestinian homes in the central West Bank community
[01:01:42.000 --> 01:01:44.000]  are targeted for demolition.
[01:01:44.000 --> 01:01:48.000]  In 2014, the United Nations Office for the Coordination of Humanitarian Affairs
[01:01:48.000 --> 01:01:51.000]  identified the Kahn al-Alamar village as one of the 46 settlements
[01:01:51.000 --> 01:01:55.000]  in the area that's at risk of forced relocation by Israel.
[01:01:55.000 --> 01:01:57.000]  Villagers were given construction termination warrants
[01:01:57.000 --> 01:02:00.000]  and will have a chance to present their case during a hearing on Thursday.
[01:02:00.000 --> 01:02:03.000]  Israeli officials maintain that the village was built illegally
[01:02:03.000 --> 01:02:05.000]  in the hotly disputed E1 corridor,
[01:02:05.000 --> 01:02:14.000]  which physically links East Jerusalem and the Mali Adumim settlement.
[01:02:14.000 --> 01:02:16.000]  According to the Canadian Border Service Agency,
[01:02:16.000 --> 01:02:20.000]  more than 1,400 people have made claims at land border ports of entry
[01:02:20.000 --> 01:02:21.000]  in the region since November,
[01:02:21.000 --> 01:02:25.000]  which is more in the last four months than the entire year of 2015.
[01:02:25.000 --> 01:02:28.000]  Apparently, the number of people seeking asylum has soared in the last year
[01:02:28.000 --> 01:02:32.000]  and spiked recently, with Quebec seeing the greatest numbers.
[01:02:32.000 --> 01:02:35.000]  Canadian authorities are saying that the migrants come from all over the world
[01:02:35.000 --> 01:02:38.000]  and ranging in all ages, from parents with infants to the elderly.
[01:02:38.000 --> 01:02:42.000]  Inspector Martin Roach of the Royal Canadian Mountain Police stated that since,
[01:02:42.000 --> 01:02:45.000]  quote, they're not reporting to the open port of entry,
[01:02:45.000 --> 01:02:47.000]  they're being placed under arrest and then interviewed
[01:02:47.000 --> 01:02:50.000]  to make sure there's no national security nexus.
[01:02:50.000 --> 01:03:16.000]  This is Griff Brody with your Lowdown for February 22, 2017.
[01:03:16.000 --> 01:03:17.000]  Okay, we are back.
[01:03:17.000 --> 01:03:20.000]  Randy Kelton with the radio.
[01:03:20.000 --> 01:03:25.000]  And I tried to pluck the fundraiser last time
[01:03:25.000 --> 01:03:28.000]  and it kind of crashed in the middle of it.
[01:03:28.000 --> 01:03:32.000]  But we are working, struggling to upgrade our equipment
[01:03:32.000 --> 01:03:36.000]  to keep this show on air.
[01:03:36.000 --> 01:03:41.000]  Crank need all the help we can get.
[01:03:41.000 --> 01:03:50.000]  If you find value in what we present, help us to stay on the air.
[01:03:50.000 --> 01:03:53.000]  Go to GoGo's Radio Network.
[01:03:53.000 --> 01:03:59.000]  And if we have anything that our sponsors are providing that we can use,
[01:03:59.000 --> 01:04:02.000]  anything that you purchase will help this network.
[01:04:02.000 --> 01:04:04.000]  We also have the fundraiser.
[01:04:04.000 --> 01:04:06.000]  We have a gun giveaway.
[01:04:06.000 --> 01:04:13.000]  We're giving away an AR-15 and $25 will give you a chance
[01:04:13.000 --> 01:04:16.000]  in the drawing for the AR-15.
[01:04:16.000 --> 01:04:22.000]  We also have Eddie's Traffic Seminar and my e-book.
[01:04:22.000 --> 01:04:26.000]  My e-book is $100 and if you purchase that,
[01:04:26.000 --> 01:04:30.000]  you get four chances in the gun giveaway.
[01:04:30.000 --> 01:04:35.000]  And Eddie's e-book, I think it's $250 or so.
[01:04:35.000 --> 01:04:37.000]  I don't remember how many chances.
[01:04:37.000 --> 01:04:41.000]  I think you get a chance for every $25 on that.
[01:04:41.000 --> 01:04:46.000]  So do what you can to help us keep this thing on the air
[01:04:46.000 --> 01:04:50.000]  because frankly it has been a struggle over the years.
[01:04:50.000 --> 01:04:55.000]  Deborah, for Deborah most of all, because she's the one that keeps everything going.
[01:04:55.000 --> 01:05:00.000]  I'm an electrical engineer and I look at what Deborah has done
[01:05:00.000 --> 01:05:06.000]  and I am absolutely amazed at how she's managed to keep this thing on the air
[01:05:06.000 --> 01:05:09.000]  on an absolute sheer strength.
[01:05:09.000 --> 01:05:13.000]  So we're not asking for a lot, but if you can help us at all,
[01:05:13.000 --> 01:05:17.000]  just go to Logos Radio Network and do what you can
[01:05:17.000 --> 01:05:20.000]  and help us keep this thing on the air.
[01:05:20.000 --> 01:05:22.000]  Okay, Sandy.
[01:05:22.000 --> 01:05:24.000]  Yes.
[01:05:24.000 --> 01:05:30.000]  When I went out, we were talking about the Trespass to Try Title.
[01:05:30.000 --> 01:05:33.000]  Or in Texas we have two.
[01:05:33.000 --> 01:05:37.000]  We have a Quiet Title Action and a Trespass to Try Title Action.
[01:05:37.000 --> 01:05:41.000]  Both of these are the Judgment Suit.
[01:05:41.000 --> 01:05:46.000]  If you file a suit that has a claim in it,
[01:05:46.000 --> 01:05:52.000]  the first thing the other side is going to do is remove the case to the federal court.
[01:05:52.000 --> 01:05:55.000]  They're going to claim diversity jurisdiction.
[01:05:55.000 --> 01:05:59.000]  But then they're going to file a Rule 12 motion to dismiss for failure
[01:05:59.000 --> 01:06:02.000]  to state a claim and which recovery can be had.
[01:06:02.000 --> 01:06:08.000]  And the federal courts are bought and paid for.
[01:06:08.000 --> 01:06:10.000]  Tell me about it.
[01:06:10.000 --> 01:06:13.000]  Yes.
[01:06:13.000 --> 01:06:18.000]  So I'm not saying that as if it were such a problem.
[01:06:18.000 --> 01:06:22.000]  It's just a parameter.
[01:06:22.000 --> 01:06:24.000]  And all I know are what the parameters are.
[01:06:24.000 --> 01:06:29.000]  I don't have philosophical beliefs about what parameters should be.
[01:06:29.000 --> 01:06:31.000]  This is how things are.
[01:06:31.000 --> 01:06:33.000]  I deal with them that way.
[01:06:33.000 --> 01:06:35.000]  If I need to change it, I'll try that later.
[01:06:35.000 --> 01:06:37.000]  But right now let's deal with how they are.
[01:06:37.000 --> 01:06:39.000]  Okay, courts are corrupt.
[01:06:39.000 --> 01:06:42.000]  Courts are going to rule against us out of hand at every turn.
[01:06:42.000 --> 01:06:44.000]  Okay, we deal with it.
[01:06:44.000 --> 01:06:53.000]  The way we fix that is we petition the court for declaratory judgment.
[01:06:53.000 --> 01:06:58.000]  We ask the courts to declare the rights of the parties.
[01:06:58.000 --> 01:07:05.000]  We don't ask for any kind of recovery.
[01:07:05.000 --> 01:07:10.000]  We just ask the court to give us a ruling on the rights of the parties.
[01:07:10.000 --> 01:07:18.000]  That particular kind of suit is immune from a Rule 12b6.
[01:07:18.000 --> 01:07:25.000]  I had one in the federal court in Fort Worth that Judge John McBride
[01:07:25.000 --> 01:07:34.000]  dismissed my case with prejudice for failure to state a claim on which recovery can be had.
[01:07:34.000 --> 01:07:37.000]  It was a quiet title claim.
[01:07:37.000 --> 01:07:42.000]  There were no claims for which recovery could be had,
[01:07:42.000 --> 01:07:49.000]  because it was a declaratory judgment suit by its nature, and he dismissed it with prejudice.
[01:07:49.000 --> 01:07:56.000]  I filed criminally against him with this special agent in charge of the FBI in Dallas.
[01:07:56.000 --> 01:07:58.000]  Let's see how that works for him.
[01:07:58.000 --> 01:08:01.000]  Smart guy.
[01:08:01.000 --> 01:08:05.000]  Filing a quiet title action changes the whole landscape.
[01:08:05.000 --> 01:08:13.000]  I have yet to have a lawyer give the appearance of understanding what it was.
[01:08:13.000 --> 01:08:16.000]  We just filed one in California,
[01:08:16.000 --> 01:08:22.000]  and the other side moved to dismiss for failure to state a claim.
[01:08:22.000 --> 01:08:25.000]  Well, of course we failed to state a claim.
[01:08:25.000 --> 01:08:27.000]  They don't get it.
[01:08:27.000 --> 01:08:37.000]  You filed a motion for a quiet title, then that stops everything,
[01:08:37.000 --> 01:08:43.000]  and it's relatively easy to stop on everything.
[01:08:43.000 --> 01:08:51.000]  They're going to file an answer, then we'll keep that in court for three to five years.
[01:08:51.000 --> 01:08:54.000]  We don't really even care about that suit.
[01:08:54.000 --> 01:08:57.000]  That's not the big one.
[01:08:57.000 --> 01:09:00.000]  We've got a bigger one we'll file after it.
[01:09:00.000 --> 01:09:04.000]  But first we need to know the suit.
[01:09:04.000 --> 01:09:07.000]  That's the argument we make to the court.
[01:09:07.000 --> 01:09:10.000]  We ask who's on first.
[01:09:10.000 --> 01:09:13.000]  We don't know what's on second.
[01:09:13.000 --> 01:09:16.000]  I don't give a darn in the infield.
[01:09:16.000 --> 01:09:19.000]  What's on second?
[01:09:19.000 --> 01:09:20.000]  I forget it.
[01:09:20.000 --> 01:09:28.000]  I use this skit by Abbott and Costello to bring out the point that we need to know
[01:09:28.000 --> 01:09:36.000]  who is the bona fide holder who has a right to exercise this claim.
[01:09:36.000 --> 01:09:44.000]  When we find out who he is, we're going to sue the crap out of him.
[01:09:44.000 --> 01:09:50.000]  But it would be inappropriate to do that to somebody who may not be the proper holder,
[01:09:50.000 --> 01:09:55.000]  so we want the judge to tell us who to sue.
[01:09:55.000 --> 01:09:57.000]  That will stop everything we'll file.
[01:09:57.000 --> 01:10:05.000]  Generally, when you file an action against the lender, they stop the foreclosure process.
[01:10:05.000 --> 01:10:09.000]  Now, it doesn't force them to.
[01:10:09.000 --> 01:10:11.000]  They don't have to.
[01:10:11.000 --> 01:10:14.000]  But if there's a chance they're going to lose this,
[01:10:14.000 --> 01:10:19.000]  the last thing they want to do is foreclose and evict you from the property.
[01:10:19.000 --> 01:10:28.000]  Because if they didn't lose, now they have the extra harm of improperly removing you from your home.
[01:10:28.000 --> 01:10:32.000]  And that claim could be way more than your mortgage.
[01:10:32.000 --> 01:10:40.000]  So it's been our experience that when we file suit, the foreclosure stops.
[01:10:40.000 --> 01:10:42.000]  That's right.
[01:10:42.000 --> 01:10:48.000]  I got one in California that I filed the who the heck are you suit.
[01:10:48.000 --> 01:10:53.000]  We don't know who you are, and that's essentially what this is.
[01:10:53.000 --> 01:11:02.000]  Six years later, the U.S. Supreme refused to pick up our sociology.
[01:11:02.000 --> 01:11:04.000]  Six years.
[01:11:04.000 --> 01:11:13.000]  And in that six years, the lender did not pursue foreclosure.
[01:11:13.000 --> 01:11:18.000]  However, there was no restriction on the lender.
[01:11:18.000 --> 01:11:21.000]  They could have foreclosed.
[01:11:21.000 --> 01:11:23.000]  Problem.
[01:11:23.000 --> 01:11:28.000]  Once you go into default, they got four years to foreclose.
[01:11:28.000 --> 01:11:31.000]  They don't get it done in that four years.
[01:11:31.000 --> 01:11:33.000]  It's over.
[01:11:33.000 --> 01:11:36.000]  Now, they'll claim, well, we've been in court.
[01:11:36.000 --> 01:11:41.000]  And I have a case that says, yes, you were in court.
[01:11:41.000 --> 01:11:51.000]  But you were not statutorily stopped or stopped by court order from foreclosing.
[01:11:51.000 --> 01:11:53.000]  You could have foreclosed at any time.
[01:11:53.000 --> 01:11:56.000]  You just chose not to.
[01:11:56.000 --> 01:11:59.000]  Now you can't.
[01:11:59.000 --> 01:12:08.000]  The point is, there's a lot you can do to turn things in your favor.
[01:12:08.000 --> 01:12:15.000]  At the end of the day, the courts are corrupt and they're bought and paid for by the banks
[01:12:15.000 --> 01:12:19.000]  and they're going to rule against you out of hand if they return.
[01:12:19.000 --> 01:12:20.000]  Okay.
[01:12:20.000 --> 01:12:27.000]  You can keep them in court for five or ten years and stop them from doing anything.
[01:12:27.000 --> 01:12:34.000]  But at the end of the day, as soon as the court gets the opportunity, they're going to rule against you.
[01:12:34.000 --> 01:12:47.000]  So, always my purpose is to help you position yourself so that you can get the bank to come to the table
[01:12:47.000 --> 01:12:50.000]  and make a deal with you.
[01:12:50.000 --> 01:12:57.000]  They would not have given you a loan modification because they wanted to steal your property.
[01:12:57.000 --> 01:12:59.000]  But who?
[01:12:59.000 --> 01:13:01.000]  Sue them.
[01:13:01.000 --> 01:13:03.000]  That changes everything.
[01:13:03.000 --> 01:13:04.000]  Loan modification.
[01:13:04.000 --> 01:13:06.000]  I mean, I'm sorry, short sale.
[01:13:06.000 --> 01:13:14.000]  In a short sale, you go to the banker and you say, hey, you have this contract that guarantees you all this profit.
[01:13:14.000 --> 01:13:22.000]  Well, I want you to just write off some of that profit, cut me a break here, save me some money.
[01:13:22.000 --> 01:13:25.000]  Well, you've got this property manager.
[01:13:25.000 --> 01:13:31.000]  He's going to take your offer and he's going to go to his board of trustees.
[01:13:31.000 --> 01:13:36.000]  He's going to say, I got this mortgage here and they can't pay this amount of money.
[01:13:36.000 --> 01:13:40.000]  They want you to write off part of your profits.
[01:13:40.000 --> 01:13:45.000]  And the board is going to say, why the heck should I do that?
[01:13:45.000 --> 01:13:51.000]  If she don't pay for it, we can just take it and sell it and get our money back.
[01:13:51.000 --> 01:13:55.000]  So, you need a dynamic.
[01:13:55.000 --> 01:13:58.000]  You need something to bargain with.
[01:13:58.000 --> 01:14:00.000]  Sue them.
[01:14:00.000 --> 01:14:06.000]  And then when the lawyer files a pleading you don't like, you bargain with the lawyer.
[01:14:06.000 --> 01:14:11.000]  And when the judge, when there's a ruling you don't like, you file a judicial conduct complaint against him.
[01:14:11.000 --> 01:14:16.000]  Now you get the judge mad at the lawyers for getting you filing against him.
[01:14:16.000 --> 01:14:19.000]  Everybody's upset.
[01:14:19.000 --> 01:14:27.000]  Now the property manager, the lawyer is going to come to the property manager and say, these guys are kicking our behinds.
[01:14:27.000 --> 01:14:30.000]  They're going to keep us in court until we both get old.
[01:14:30.000 --> 01:14:34.000]  This is going to cost you a fortune.
[01:14:34.000 --> 01:14:43.000]  Now the property manager can go to the backers, to the holders of the trustees and say, look,
[01:14:43.000 --> 01:14:52.000]  this is going to cost you more in attorney sheets than what you're trying to recover.
[01:14:52.000 --> 01:14:58.000]  You need to deal with these people to get out from under this issue.
[01:14:58.000 --> 01:15:03.000]  Does that make sense?
[01:15:03.000 --> 01:15:09.000]  It's all about bringing them to the table and making them.
[01:15:09.000 --> 01:15:15.000]  And the sooner you can get them to the table and make a deal, the better off everybody is involved.
[01:15:15.000 --> 01:15:21.000]  So now you don't go to a short sale.
[01:15:21.000 --> 01:15:25.000]  Now you go to a settlement.
[01:15:25.000 --> 01:15:34.000]  So now you can sell the property, and when you sit down at closing, the bank will take a lesser amount in payoff.
[01:15:34.000 --> 01:15:39.000]  And the bank doesn't have anything to say about the short sale.
[01:15:39.000 --> 01:15:44.000]  Generally, it's really hard for the bank to accept the short sale.
[01:15:44.000 --> 01:15:54.000]  But once you give them an economic reason to want to get out from under the property, it's like, does this make sense?
[01:15:54.000 --> 01:15:57.000]  I know I've said a lot of information.
[01:15:57.000 --> 01:16:06.000]  A lot of information, but I think I kind of understand.
[01:16:06.000 --> 01:16:13.000]  My first thing would be to try to file like a motion of quiet title, right, before anything.
[01:16:13.000 --> 01:16:17.000]  File a quiet title suit.
[01:16:17.000 --> 01:16:26.000]  Once I get the documentation, I can look at it and I can tell you exactly what claim you need to make.
[01:16:26.000 --> 01:16:27.000]  Okay.
[01:16:27.000 --> 01:16:38.000]  The only concern is, I mean, like I said, I tried to get that loan modification or whatnot or whatever the case may be.
[01:16:38.000 --> 01:16:44.000]  And since I can't get his signature, automatically they're going into selling the property.
[01:16:44.000 --> 01:16:45.000]  Hold on.
[01:16:45.000 --> 01:16:47.000]  We're about to go to break.
[01:16:47.000 --> 01:16:49.000]  We'll talk about that signature when we come back.
[01:16:49.000 --> 01:16:51.000]  Really, I'm very happy.
[01:16:51.000 --> 01:16:54.000]  Family calls, we need your voices.
[01:16:54.000 --> 01:17:00.000]  We'll be right back.
[01:17:00.000 --> 01:17:01.000]  I love Logos.
[01:17:01.000 --> 01:17:04.000]  Without the shows on this network, I'd be almost as ignorant as my friends.
[01:17:04.000 --> 01:17:07.000]  I'm so addicted to the truth now that there's no going back.
[01:17:07.000 --> 01:17:08.000]  I need my truth pick.
[01:17:08.000 --> 01:17:10.000]  I'd be lost without Logos.
[01:17:10.000 --> 01:17:13.000]  And I really want to help keep this network on the air.
[01:17:13.000 --> 01:17:20.000]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't have any money to give because I spent it all on supplements.
[01:17:20.000 --> 01:17:22.000]  How can I help Logos?
[01:17:22.000 --> 01:17:24.000]  Well, I'm glad you asked.
[01:17:24.000 --> 01:17:27.000]  Whenever you order anything from Amazon, you can help Logos.
[01:17:27.000 --> 01:17:31.000]  When ordering your supplies or holiday gifts, the first thing you do is clear your cookies.
[01:17:31.000 --> 01:17:35.000]  Now, go to LogosRadioNetwork.com.
[01:17:35.000 --> 01:17:38.000]  Click on the Amazon logo and bookmark it.
[01:17:38.000 --> 01:17:43.000]  So when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:17:43.000 --> 01:17:44.000]  Do I pay extra?
[01:17:44.000 --> 01:17:45.000]  No.
[01:17:45.000 --> 01:17:47.000]  Do I have to do anything different when I order?
[01:17:47.000 --> 01:17:48.000]  No.
[01:17:48.000 --> 01:17:49.000]  Can I use my Amazon Prime?
[01:17:49.000 --> 01:17:50.000]  No.
[01:17:50.000 --> 01:17:51.000]  I mean, yes.
[01:17:51.000 --> 01:17:54.000]  Wow, giving without doing anything or spending any money.
[01:17:54.000 --> 01:17:55.000]  This is perfect.
[01:17:55.000 --> 01:17:57.000]  Thank you so much.
[01:17:57.000 --> 01:17:58.000]  We are welcome.
[01:17:58.000 --> 01:18:01.000]  Happy holidays, Logos.
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[01:19:24.000 --> 01:19:40.000]  Okay.
[01:19:40.000 --> 01:19:41.000]  We are back.
[01:19:41.000 --> 01:19:42.000]  Randy Kelton.
[01:19:42.000 --> 01:19:43.000]  He's on radio.
[01:19:43.000 --> 01:19:45.000]  We're talking to Sandy today.
[01:19:45.000 --> 01:19:51.000]  Sandy, are you still in the divorce case?
[01:19:51.000 --> 01:19:56.000]  Actually, the divorce was just settled on the 16th.
[01:19:56.000 --> 01:20:00.000]  What was the disposition of the property?
[01:20:00.000 --> 01:20:13.000]  The property was awarded to me and he was supposed to find, I'm not even sure what it's called, a small deed or somewhat.
[01:20:13.000 --> 01:20:14.000]  Release of claim.
[01:20:14.000 --> 01:20:15.000]  To do a loan modification.
[01:20:15.000 --> 01:20:18.000]  Give me some sort of a release of claim.
[01:20:18.000 --> 01:20:21.000]  Then you're okay there.
[01:20:21.000 --> 01:20:22.000]  I'm sorry?
[01:20:22.000 --> 01:20:28.000]  Was your divorce amiable?
[01:20:28.000 --> 01:20:29.000]  I'm sorry.
[01:20:29.000 --> 01:20:30.000]  I couldn't hear you.
[01:20:30.000 --> 01:20:35.000]  I said, was the divorce amiable?
[01:20:35.000 --> 01:20:39.000]  Are you guys still on friendly terms?
[01:20:39.000 --> 01:20:40.000]  No.
[01:20:40.000 --> 01:20:41.000]  I didn't know.
[01:20:41.000 --> 01:20:46.000]  There was no good in our divorce.
[01:20:46.000 --> 01:20:49.000]  I couldn't even get him to sign our divorce papers.
[01:20:49.000 --> 01:20:59.000]  The court had to issue the divorce as is through his lawyer because he wouldn't sign anything, he wouldn't do anything.
[01:20:59.000 --> 01:21:00.000]  Okay.
[01:21:00.000 --> 01:21:10.000]  I tried to explain that to our mortgage company as well and they still didn't even bother with that.
[01:21:10.000 --> 01:21:13.000]  Here are some of the things you can do.
[01:21:13.000 --> 01:21:33.000]  One thing about law is there is always something you can do if you are in fact divorced now and he has a requirement to do a certain thing and he doesn't do that certain thing.
[01:21:33.000 --> 01:21:39.000]  And as a result of him not doing that thing, you suffer harm.
[01:21:39.000 --> 01:21:51.000]  For instance, you get an offer to purchase and you try to sell the property and he's required to sign off on it and he refuses.
[01:21:51.000 --> 01:21:59.000]  If the buyer subsequently backs out, you have a right to the benefit of the bargain.
[01:21:59.000 --> 01:22:04.000]  You can sue the husband for the benefit of the bargain.
[01:22:04.000 --> 01:22:23.000]  So if you would have made say $100,000 over what you owe in the house, the husband doesn't sign off on it and you lose the sale, you sue him for $100,000.
[01:22:23.000 --> 01:22:34.000]  But you probably won't have to get there because if you get an offer on the property and you ask him to sign, then he decides he doesn't want to.
[01:22:34.000 --> 01:22:46.000]  First thing you do is send him a tort letter, giving him notice that you have a potential sale that will net this amount of money.
[01:22:46.000 --> 01:22:57.000]  If he does not sign by this date, you will lose this amount of money and if you do, you will sue him for the benefit of the bargain, which is this amount of money.
[01:22:57.000 --> 01:23:01.000]  Good chance that will give him too.
[01:23:01.000 --> 01:23:11.000]  He may be angry, he may be stubborn, but when it looks like you're going to get deep in his pocket, that will change things.
[01:23:11.000 --> 01:23:18.000]  Did he get child support payments? Does he have to pay child support?
[01:23:18.000 --> 01:23:22.000]  He's supposed to. I haven't seen anything in a year, but...
[01:23:22.000 --> 01:23:26.000]  What? Have you went to the attorney general?
[01:23:26.000 --> 01:23:29.000]  I was waiting for...
[01:23:29.000 --> 01:23:45.000]  Don't wait. Don't wait. You are in Texas. The attorney general, when it comes to child support, is nationally known to be bad news.
[01:23:45.000 --> 01:23:57.000]  My brother-in-law worked at a machine shop with a guy who was brought from Arkansas to Texas.
[01:23:57.000 --> 01:24:06.000]  He had never been in Texas in his life, but he was married to a woman that got a divorce when she moved to Texas.
[01:24:06.000 --> 01:24:13.000]  She was awarded child support, and since she moved to Texas, they moved jurisdiction to Texas.
[01:24:13.000 --> 01:24:27.000]  Well, the guy wasn't paying child support. The attorney general went to Arkansas and got him and brought him to jail, put him in jail, and told him they would let him out of jail to go to work.
[01:24:27.000 --> 01:24:34.000]  But he's not leaving Texas until he catches up on all the child support.
[01:24:34.000 --> 01:24:40.000]  The Texas attorney general will kick his behind.
[01:24:40.000 --> 01:24:46.000]  He will either pay child support in Texas or he will sit in prison.
[01:24:46.000 --> 01:24:51.000]  Of all the states, Texas is probably the toughest one on that issue.
[01:24:51.000 --> 01:25:00.000]  So if he has to pay child support, then he's looking at a civil action for not signing this document.
[01:25:00.000 --> 01:25:10.000]  If he had sued on the civil action, which could result in a garnishment, he wouldn't be able to pay the child support if he wound up going to jail.
[01:25:10.000 --> 01:25:21.000]  He understands that you probably have enough leverage to get him past an angle of frustration than you have when you sign the papers.
[01:25:21.000 --> 01:25:34.000]  If he doesn't, what we can probably do is go to the court and ask the court to authorize the sale acts of this signature.
[01:25:34.000 --> 01:25:41.000]  Does that sound useful?
[01:25:41.000 --> 01:25:44.000]  Oh, I guess it doesn't sound any useful.
[01:25:44.000 --> 01:25:55.000]  We lost Sanders over in all of this, so I don't know who else is out there listening, but we might have family lawyers.
[01:25:55.000 --> 01:25:58.000]  There's a lot you can do.
[01:25:58.000 --> 01:26:08.000]  One thing about family law is it's absolutely the most corrupt of all the courts we've ever dealt with.
[01:26:08.000 --> 01:26:14.000]  But the point I was trying to make to Sanders is that there's always something you can do.
[01:26:14.000 --> 01:26:29.000]  That if you have, especially foreclosure issues, it turns out foreclosures are almost impossible to win, but they're extremely easy to stop.
[01:26:29.000 --> 01:26:32.000]  And it's easy to hold the other side of the bay.
[01:26:32.000 --> 01:26:36.000]  I'm helping a friend of mine here in Wise County.
[01:26:36.000 --> 01:26:44.000]  And we held them at bay long enough until the statute of limitations ran out.
[01:26:44.000 --> 01:26:52.000]  And now they've come back to the court and tried to relitigate a case that had already been litigated.
[01:26:52.000 --> 01:26:57.000]  And the judge hates me and knew that I was helping these guys.
[01:26:57.000 --> 01:27:05.000]  Now we're about to land on the judge criminally and prepare a civil lawsuit against him.
[01:27:05.000 --> 01:27:09.000]  There's all kinds of stuff you can do.
[01:27:09.000 --> 01:27:24.000]  And if you have a foreclosure issue, you look on the Internet, you've got all these guys that are selling these forensic audits.
[01:27:24.000 --> 01:27:27.000]  For the most part, they're a waste of time.
[01:27:27.000 --> 01:27:33.000]  It's not hard to do a forensic audit on your mortgage.
[01:27:33.000 --> 01:27:38.000]  Because at the end of the day, you really don't care about securitization.
[01:27:38.000 --> 01:27:42.000]  You don't care who sold what to whom.
[01:27:42.000 --> 01:27:44.000]  You can't litigate that.
[01:27:44.000 --> 01:27:55.000]  It's my opinion that the banks held MERS and securitization out there as red herrings.
[01:27:55.000 --> 01:28:04.000]  These were the hardest things to litigate, so they put it out there so everybody would go after this nonsense.
[01:28:04.000 --> 01:28:11.000]  The last thing they want you to do is look at the contract.
[01:28:11.000 --> 01:28:16.000]  The law of the mortgage is the contract.
[01:28:16.000 --> 01:28:19.000]  That is the first law.
[01:28:19.000 --> 01:28:30.000]  And if you read that contract, especially if you're in Texas or in any state that uses deems of trust,
[01:28:30.000 --> 01:28:40.000]  or if you're in a mortgage state, any contract that has MERS in it,
[01:28:40.000 --> 01:28:50.000]  in reading these contracts, when you read them carefully, you're going to think the guy who wrote it was high on coke.
[01:28:50.000 --> 01:28:54.000]  Because these things don't make sense.
[01:28:54.000 --> 01:29:03.000]  And if you try to read one of these contracts and it don't make sense to you as a novice, well, I'm not a novice.
[01:29:03.000 --> 01:29:13.000]  I've read these things over and over, and the more I read them, the more I find what a mess they are.
[01:29:13.000 --> 01:29:26.000]  I can't see how anybody could effectively adjudicate one of these mortgages if we had a set of courts that would actually follow law.
[01:29:26.000 --> 01:29:34.000]  MERS is listed as a nominee. What the heck is a nominee?
[01:29:34.000 --> 01:29:41.000]  In the second paragraph of every deed of trust that has MERS in it,
[01:29:41.000 --> 01:29:53.000]  it says that you understand that MERS does not hold, not the beneficiary, but only holds the legal title.
[01:29:53.000 --> 01:30:03.000]  That's crazy. The trustee holds the legal title. We'll be right there.
[01:30:03.000 --> 01:30:09.000]  Once marketers wanted to know all about you, but now they want to know all about your friends.
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[01:31:31.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:32:59.000 --> 01:33:02.000]  May not actually be kidding about chem trails.
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[01:33:12.000 --> 01:33:38.000]  Okay, we are back, and welcome to the Logos Radio, to the Sandy in Texas, talking about, I'm glad you got back.
[01:33:38.000 --> 01:33:52.000]  We're talking about foreclosure, and it may sound a little complex, but I've tried to put this together in a way that kind of makes sense.
[01:33:52.000 --> 01:33:59.000]  I'm trying to avoid all of the rabbit holes that are out there.
[01:33:59.000 --> 01:34:11.000]  The claim is straightforward. If you will get your deed of trust and read it, it won't make sense to you.
[01:34:11.000 --> 01:34:14.000]  But there are some things in there that are of real value.
[01:34:14.000 --> 01:34:22.000]  When you get the deed of trust, generally the first page or page and a half will be definitions.
[01:34:22.000 --> 01:34:29.000]  It will define the lender, the borrower. It defines MERS.
[01:34:29.000 --> 01:34:39.000]  It defines the note, and it tells what law section defines the laws that apply.
[01:34:39.000 --> 01:34:45.000]  People read that, and they tend to think that is a part of the contract.
[01:34:45.000 --> 01:35:00.000]  It's not. It's just the definitions. So the only time MERS is really mentioned in the contract is they're defined in the contract as a nominee.
[01:35:00.000 --> 01:35:06.000]  The contract does not appoint them anything.
[01:35:06.000 --> 01:35:18.000]  So one of the questions about who is MERS is why is MERS even mentioned in the definitions?
[01:35:18.000 --> 01:35:26.000]  You created the deed of trust. Now that gave you the form. You created it.
[01:35:26.000 --> 01:35:35.000]  So the implication is that the reference to MERS gives MERS some standard.
[01:35:35.000 --> 01:35:49.000]  Well, did you appoint MERS as the agent for the lending?
[01:35:49.000 --> 01:35:53.000]  Say you've got an attorney, and I say, I don't like your agent.
[01:35:53.000 --> 01:35:59.000]  I'm going to fire him, and I'm going to appoint you attorney that I want.
[01:35:59.000 --> 01:36:03.000]  You're going to tell me to go scratch.
[01:36:03.000 --> 01:36:05.000]  I can't appoint your agent.
[01:36:05.000 --> 01:36:07.000]  That's right.
[01:36:07.000 --> 01:36:14.000]  You can't read that stuff about MERS as if it actually gives MERS standard because you can't do that.
[01:36:14.000 --> 01:36:32.000]  And then when you get done with the definitions part, then it starts with the first paragraph of the contract itself, transfers the property to the trustee.
[01:36:32.000 --> 01:36:35.000]  What it transfers to the property?
[01:36:35.000 --> 01:36:40.000]  The trustee cannot have a beneficial interest in the property.
[01:36:40.000 --> 01:36:53.000]  So there's two forms of title on the property, or two forms of claim on the property.
[01:36:53.000 --> 01:36:57.000]  It's beneficial and it's legal.
[01:36:57.000 --> 01:37:02.000]  The legal title is transferred to the trustee.
[01:37:02.000 --> 01:37:06.000]  The beneficial title is not.
[01:37:06.000 --> 01:37:14.000]  That goes to whoever is the beneficiary of the mortgage.
[01:37:14.000 --> 01:37:23.000]  So you transfer legal title to the trustee, and the beneficial title stays with the lender.
[01:37:23.000 --> 01:37:28.000]  And then the very next paragraph, it starts with together with.
[01:37:28.000 --> 01:37:37.000]  And what it's intended for is to include any improvements that you make to the property, together with all additions and improvements.
[01:37:37.000 --> 01:37:50.000]  If you do something to, say you build an outbuild, a garage, a shed, that becomes a part of the collateral.
[01:37:50.000 --> 01:37:53.000]  That's what that second paragraph is for.
[01:37:53.000 --> 01:38:14.000]  Well somebody who's apparently high on coke, right in the middle of that paragraph they put a sentence in there that says you understand that MERS is not the beneficiary, but merely holds legal title.
[01:38:14.000 --> 01:38:17.000]  Wait a minute.
[01:38:17.000 --> 01:38:25.000]  If MERS holds legal title, then this is not a deed of trust, it's a mortgage.
[01:38:25.000 --> 01:38:37.000]  In a mortgage, in states that are judicial states, you transfer the property legal title to the lender.
[01:38:37.000 --> 01:38:42.000]  In a deed of trust state, you transfer legal title to a trustee.
[01:38:42.000 --> 01:38:47.000]  This contract says in the first paragraph, you transfer a legal title to the trustee.
[01:38:47.000 --> 01:38:51.000]  In the second paragraph, you transfer a legal title to MERS.
[01:38:51.000 --> 01:38:54.000]  Okay.
[01:38:54.000 --> 01:38:59.000]  So who holds legal title?
[01:38:59.000 --> 01:39:01.000]  Does this don't make sense to you?
[01:39:01.000 --> 01:39:04.000]  No.
[01:39:04.000 --> 01:39:15.000]  Then that means the mortgage, the deed of trust is unenforceable, is too ambiguous to be enforceable.
[01:39:15.000 --> 01:39:19.000]  You don't know who holds legal title.
[01:39:19.000 --> 01:39:25.000]  Who wrote that garbage?
[01:39:25.000 --> 01:39:32.000]  When I actually read it close, I thought, did I step to the looking glass?
[01:39:32.000 --> 01:39:34.000]  What is wrong here?
[01:39:34.000 --> 01:39:37.000]  What moron wrote this trash?
[01:39:37.000 --> 01:39:42.000]  And there's a lot of stuff like that in there.
[01:39:42.000 --> 01:39:56.000]  You go on down the contract, and there is a section there, generally covenant 15, that requires the lender to give you notice,
[01:39:56.000 --> 01:40:01.000]  to give you all notices as required by law.
[01:40:01.000 --> 01:40:05.000]  It requires you to be given that notice by certified mail.
[01:40:05.000 --> 01:40:14.000]  And then a real estate mortgage, a real estate mortgage, I'm sorry, real estate settlement practices act.
[01:40:14.000 --> 01:40:27.000]  The very last statute requires that the lender give you notice of any changes in the beneficial interest of the contract.
[01:40:27.000 --> 01:40:33.000]  Anytime they sell it to somebody else, they're supposed to give you notice.
[01:40:33.000 --> 01:40:35.000]  You know, that was another thing.
[01:40:35.000 --> 01:40:42.000]  When I found out about the house being auctioned off March 7th, it was by accident.
[01:40:42.000 --> 01:40:46.000]  I was on the Internet looking at other houses and stuff like that.
[01:40:46.000 --> 01:40:52.000]  When I came across my house, I've never been given any type of notice.
[01:40:52.000 --> 01:40:57.000]  Did you get a notice of default, an opportunity?
[01:40:57.000 --> 01:41:00.000]  Oh, my goodness.
[01:41:00.000 --> 01:41:01.000]  Not at all.
[01:41:01.000 --> 01:41:08.000]  The only thing I've ever gotten every month is the statement stating what is owed on the house, and that's it.
[01:41:08.000 --> 01:41:13.000]  I have been in contact with the mortgage companies since June.
[01:41:13.000 --> 01:41:21.000]  I ended up getting like partial, I don't know how you say it, custody or whatever, the house in September.
[01:41:21.000 --> 01:41:27.000]  And in September is when I started trying to get the modification for the home or whatnot,
[01:41:27.000 --> 01:41:33.000]  because by that time there was so much owed on it that I couldn't pay what was owed.
[01:41:33.000 --> 01:41:35.000]  So that's why I was trying to get the modification.
[01:41:35.000 --> 01:41:42.000]  But at this point right now, I've never gotten a letter stating that I was denied modification.
[01:41:42.000 --> 01:41:45.000]  I never got that they were going to auction off the property.
[01:41:45.000 --> 01:41:48.000]  I've never gotten anything, anything at all.
[01:41:48.000 --> 01:41:49.000]  Okay.
[01:41:49.000 --> 01:41:51.000]  I have a rule.
[01:41:51.000 --> 01:41:57.000]  I've got a brand new statement for March that says, you know, you owe this much for March, and that was it.
[01:41:57.000 --> 01:41:58.000]  Okay.
[01:41:58.000 --> 01:42:00.000]  I have a rule.
[01:42:00.000 --> 01:42:07.000]  Never, in law, never give fair warning.
[01:42:07.000 --> 01:42:08.000]  Okay.
[01:42:08.000 --> 01:42:15.000]  So the last thing you want to do is warn them that they did not give you proper notice.
[01:42:15.000 --> 01:42:21.000]  I've never told them that. This is what I'm telling you, but I've never told them because they haven't.
[01:42:21.000 --> 01:42:24.000]  Just right now that you were talking about it, I started thinking about it.
[01:42:24.000 --> 01:42:25.000]  I was like, you know what?
[01:42:25.000 --> 01:42:29.000]  They've never ever told me anything about anything.
[01:42:29.000 --> 01:42:31.000]  Oh, wonderful.
[01:42:31.000 --> 01:42:32.000]  Okay.
[01:42:32.000 --> 01:42:36.000]  Like I said, I found out about the house because I saw it on the Internet.
[01:42:36.000 --> 01:42:40.000]  Never interfere with somebody when they're screwing up.
[01:42:40.000 --> 01:42:42.000]  Okay.
[01:42:42.000 --> 01:42:47.000]  Are you living in the property now?
[01:42:47.000 --> 01:42:48.000]  Partially.
[01:42:48.000 --> 01:42:49.000]  Okay.
[01:42:49.000 --> 01:42:52.000]  It's only partially then.
[01:42:52.000 --> 01:42:53.000]  Okay.
[01:42:53.000 --> 01:42:57.000]  Most people are terrified that the other side will foreclose.
[01:42:57.000 --> 01:43:09.000]  That is not necessarily a problem because if they haven't given you proper notice and they foreclose,
[01:43:09.000 --> 01:43:15.000]  then whoever buys it is going to send you a notice to vacate.
[01:43:15.000 --> 01:43:16.000]  Right.
[01:43:16.000 --> 01:43:23.000]  And when they do, you file suit against them, people who bought it.
[01:43:23.000 --> 01:43:31.000]  And when you sue the people who bought it, they're going to have a conniption and they're going to sue the one that sold it to them.
[01:43:31.000 --> 01:43:32.000]  Right.
[01:43:32.000 --> 01:43:39.000]  And then you'll get the person who bought it on your side.
[01:43:39.000 --> 01:43:46.000]  And the last thing we're going to do is a picture of you because recently the foreclosure was involved.
[01:43:46.000 --> 01:44:00.000]  We'll be right back.
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[01:46:22.000 --> 01:46:32.000]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Sandy in Texas.
[01:46:32.000 --> 01:46:42.000]  And the main thing that I wanted to impart to you is there is so much stuff you can do.
[01:46:42.000 --> 01:46:46.000]  The first guy I helped was a fellow broadcaster.
[01:46:46.000 --> 01:46:51.000]  He came to me two days from an eviction hearing
[01:46:51.000 --> 01:46:56.000]  and said, I need help, and I told him, well, I haven't done all my research yet.
[01:46:56.000 --> 01:46:59.000]  He said, I don't have time for you to do research.
[01:46:59.000 --> 01:47:01.000]  You're going to throw me out in two days.
[01:47:01.000 --> 01:47:07.000]  So I went on the Internet, and I pulled down a bunch of garbage
[01:47:07.000 --> 01:47:12.000]  from a bunch of different suits and stuck them together, sent it to him.
[01:47:12.000 --> 01:47:16.000]  He filed it with the district court and then went to the Justice of the Peace Court
[01:47:16.000 --> 01:47:21.000]  and told them that he filed an action in the district court and asked the Justice of the Peace
[01:47:21.000 --> 01:47:28.000]  to stay in the action until this district suit could be filed, could be adjudicated.
[01:47:28.000 --> 01:47:31.000]  And the JP said, I don't have jurisdiction.
[01:47:31.000 --> 01:47:32.000]  What are you doing in my court?
[01:47:32.000 --> 01:47:33.000]  Get out.
[01:47:33.000 --> 01:47:36.000]  So it stopped the eviction.
[01:47:36.000 --> 01:47:41.000]  Six years later, he's still in the house.
[01:47:41.000 --> 01:47:48.000]  What happened was he filed a suit, and the other side filed a motion to dismiss and said,
[01:47:48.000 --> 01:47:52.000]  Your Honor, this suit's a piece of garbage.
[01:47:52.000 --> 01:47:54.000]  You need to dismiss this suit.
[01:47:54.000 --> 01:48:00.000]  So that took, they got 20 days to answer.
[01:48:00.000 --> 01:48:02.000]  So they filed that.
[01:48:02.000 --> 01:48:10.000]  Then we filed an opposition, and we had 30 days to file the opposition.
[01:48:10.000 --> 01:48:14.000]  Then the court took 90 days to respond, and the court said,
[01:48:14.000 --> 01:48:15.000]  You're right.
[01:48:15.000 --> 01:48:18.000]  That suit's a piece of garbage.
[01:48:18.000 --> 01:48:19.000]  Fix it.
[01:48:19.000 --> 01:48:21.000]  Yeah, that's what I've learned.
[01:48:21.000 --> 01:48:27.000]  Back in June is when I first tried to get a modification of the,
[01:48:27.000 --> 01:48:32.000]  like the divorce proceeding, I don't even know what it's called.
[01:48:32.000 --> 01:48:38.000]  And it took from June to September before they did the modification
[01:48:38.000 --> 01:48:41.000]  where they gave me custody of the home.
[01:48:41.000 --> 01:48:46.000]  Okay, that's how it always works in lawsuits.
[01:48:46.000 --> 01:48:49.000]  They take forever.
[01:48:49.000 --> 01:48:55.000]  If you're the one trying to get something done, sorry about that.
[01:48:55.000 --> 01:48:59.000]  But in this case, you want to stall them.
[01:48:59.000 --> 01:49:02.000]  So that's easy.
[01:49:02.000 --> 01:49:06.000]  We filed this suit three times before it took.
[01:49:06.000 --> 01:49:11.000]  And he kept them at bay for six years, and he made a tactical error and lost it.
[01:49:11.000 --> 01:49:16.000]  He kept them at bay for six years on that one suit.
[01:49:16.000 --> 01:49:21.000]  But I've gotten better at it since then.
[01:49:21.000 --> 01:49:26.000]  But see, they sell this property back and forth all over the place,
[01:49:26.000 --> 01:49:31.000]  and they never file the proper documents in the public record.
[01:49:31.000 --> 01:49:37.000]  So the one place they do not want you to go is to discovery,
[01:49:37.000 --> 01:49:42.000]  because we're going to ask them to prove chain of title and they can't do it.
[01:49:42.000 --> 01:49:46.000]  That's why we go to a quiet title action.
[01:49:46.000 --> 01:49:49.000]  They seek that quiet title and they say,
[01:49:49.000 --> 01:49:55.000]  holy mackerel, these guys are going to get discovery.
[01:49:55.000 --> 01:49:58.000]  That's the one thing they want to avoid.
[01:49:58.000 --> 01:50:03.000]  And if they can't get the quiet title thrown out, we go to discovery,
[01:50:03.000 --> 01:50:06.000]  they're never going to be able to prove up their position.
[01:50:06.000 --> 01:50:13.000]  So what they will always do is remove it to the federal court.
[01:50:13.000 --> 01:50:17.000]  And oh, I have so much fun with that,
[01:50:17.000 --> 01:50:29.000]  because in 2011, the legislature passed the Venue and Removal Clarification Act.
[01:50:29.000 --> 01:50:34.000]  For almost 200 years,
[01:50:34.000 --> 01:50:41.000]  a state suit could be removed to the federal court if there was diversity of jurisdiction.
[01:50:41.000 --> 01:50:46.000]  You got one guy in one state, another guy in another state.
[01:50:46.000 --> 01:50:55.000]  You can't bring me from my state and ask me to defend myself in your state.
[01:50:55.000 --> 01:50:58.000]  So they said, okay, if there's diversity,
[01:50:58.000 --> 01:51:04.000]  then both of you come to the federal court so you're on equal footing.
[01:51:04.000 --> 01:51:08.000]  Well, we're not on equal footing because the banks bought the federal courts.
[01:51:08.000 --> 01:51:09.000]  But it looks that way.
[01:51:09.000 --> 01:51:14.000]  So the bank is always in another state, so they'll always remove it.
[01:51:14.000 --> 01:51:18.000]  Well, there was a split between the circuits.
[01:51:18.000 --> 01:51:23.000]  Some of the circuits said, if we remove a state case to the federal court,
[01:51:23.000 --> 01:51:26.000]  and it has federal and state issues,
[01:51:26.000 --> 01:51:33.000]  the feds should be able to hear the state issues under the doctrine of judicial economy.
[01:51:33.000 --> 01:51:38.000]  Some other circuits said, no, no, no, no, no, we can't hear state issues.
[01:51:38.000 --> 01:51:42.000]  That is an undue preemption of state law.
[01:51:42.000 --> 01:51:48.000]  So the legislature stepped in and settled this issue.
[01:51:48.000 --> 01:51:53.000]  In the 2011 Venue and Removal Clarification Act, they said,
[01:51:53.000 --> 01:51:58.000]  while a case with state issues can't be removed to the federal court,
[01:51:58.000 --> 01:52:03.000]  the federal court must sever the state issues and remand.
[01:52:03.000 --> 01:52:06.000]  So the feds can't hear the state issue.
[01:52:06.000 --> 01:52:16.000]  Well, the thing about a quiet title action is it don't have any federal issues.
[01:52:16.000 --> 01:52:21.000]  It's a question purely under state law.
[01:52:21.000 --> 01:52:28.000]  So I filed one of these, and it went to Judge McBride, the federal judge in Fort Worth,
[01:52:28.000 --> 01:52:32.000]  and Judge McBride is a real stinker.
[01:52:32.000 --> 01:52:34.000]  Everybody hates this guy.
[01:52:34.000 --> 01:52:37.000]  He is 90-something years old.
[01:52:37.000 --> 01:52:44.000]  He should be right at 90 now, and he's incredibly crotchety and difficult.
[01:52:44.000 --> 01:52:46.000]  No lawyers want to go before him.
[01:52:46.000 --> 01:52:49.000]  U.S. attorneys, nobody wants to go before this guy.
[01:52:49.000 --> 01:52:51.000]  He sanctions everybody.
[01:52:51.000 --> 01:52:54.000]  He gets the suit.
[01:52:54.000 --> 01:52:59.000]  So instead of filing a motion to remand, which is the normal process,
[01:52:59.000 --> 01:53:03.000]  I file a challenge to subject matter jurisdiction
[01:53:03.000 --> 01:53:06.000]  because the legislature said you can't hear state issues.
[01:53:06.000 --> 01:53:09.000]  That means he has no jurisdiction.
[01:53:09.000 --> 01:53:18.000]  When a challenge to subject matter jurisdiction is filed, everything is required to stop.
[01:53:18.000 --> 01:53:25.000]  When a suit comes to the court, jurisdiction is presumed until it's challenged.
[01:53:25.000 --> 01:53:28.000]  Once it's challenged, it's lost,
[01:53:28.000 --> 01:53:32.000]  and the court itself must prove jurisdiction before it can move ahead.
[01:53:32.000 --> 01:53:35.000]  It's a threshold issue.
[01:53:35.000 --> 01:53:39.000]  Well, the other side filed a Rule 12 motion to dismiss for failure of state of claim
[01:53:39.000 --> 01:53:41.000]  in which recovery can be had,
[01:53:41.000 --> 01:53:45.000]  and the judge dismissed the case with prejudice for failure of state of claim
[01:53:45.000 --> 01:53:48.000]  in which recovery can be had.
[01:53:48.000 --> 01:53:51.000]  But this was a declaratory judgment suit.
[01:53:51.000 --> 01:53:56.000]  It didn't ask for any recovery.
[01:53:56.000 --> 01:54:02.000]  But in the Rule 12 motion, the bank claimed that they were not the lender.
[01:54:02.000 --> 01:54:06.000]  That was the stupidest thing I ever heard of.
[01:54:06.000 --> 01:54:09.000]  The lawyer made a mistake.
[01:54:09.000 --> 01:54:14.000]  What he meant was they weren't the original lender,
[01:54:14.000 --> 01:54:17.000]  but they were the agent for the lender,
[01:54:17.000 --> 01:54:19.000]  and they said they were not the lender.
[01:54:19.000 --> 01:54:22.000]  That was a mistake.
[01:54:22.000 --> 01:54:25.000]  Never interfere with somebody when they screw it up.
[01:54:25.000 --> 01:54:27.000]  So what do I do?
[01:54:27.000 --> 01:54:32.000]  I immediately non-suit it.
[01:54:32.000 --> 01:54:36.000]  What that does is create collateral estoppel.
[01:54:36.000 --> 01:54:41.000]  When you come before the court and you take a position,
[01:54:41.000 --> 01:54:46.000]  you could never come before the court and take a different position.
[01:54:46.000 --> 01:54:49.000]  They said they were not the lender.
[01:54:49.000 --> 01:54:54.000]  That means they're not the lender and they're not the agent for the lender.
[01:54:54.000 --> 01:54:57.000]  And to keep him from having an opportunity to fix it,
[01:54:57.000 --> 01:55:01.000]  I said, oh my goodness, he's not the lender.
[01:55:01.000 --> 01:55:03.000]  I sued the wrong party.
[01:55:03.000 --> 01:55:05.000]  I noticed the wrong party.
[01:55:05.000 --> 01:55:07.000]  Non-suit.
[01:55:07.000 --> 01:55:10.000]  Because he made that statement, I non-suit it.
[01:55:10.000 --> 01:55:13.000]  Now he can never take it back.
[01:55:13.000 --> 01:55:15.000]  The same day I non-suit it,
[01:55:15.000 --> 01:55:21.000]  Judge McBride dismissed with prejudice for failure to state of claim.
[01:55:21.000 --> 01:55:27.000]  So I filed criminal charges with the FBI against him.
[01:55:27.000 --> 01:55:32.000]  Oh, this is so much fun.
[01:55:32.000 --> 01:55:35.000]  These are the kind of things you can do.
[01:55:35.000 --> 01:55:45.000]  And what we do on this show is we will teach you how to be the pro se from hell.
[01:55:45.000 --> 01:55:48.000]  You are the pro se.
[01:55:48.000 --> 01:55:54.000]  When you walk into the courthouse, you are the baddest motor scooter in the building.
[01:55:54.000 --> 01:56:00.000]  And the reason you're the baddest motor scooter in the building is because you're nobody.
[01:56:00.000 --> 01:56:04.000]  You're not a judge, a prosecutor, a clerk, a bailiff.
[01:56:04.000 --> 01:56:08.000]  These are all public servants.
[01:56:08.000 --> 01:56:10.000]  They're the servants.
[01:56:10.000 --> 01:56:12.000]  You're the master.
[01:56:12.000 --> 01:56:14.000]  They step across.
[01:56:14.000 --> 01:56:18.000]  When you go into the courthouse, you have two hats.
[01:56:18.000 --> 01:56:22.000]  You've got a litigant's hat and you've got the master's hat.
[01:56:22.000 --> 01:56:27.000]  If one of your public officials steps half inch across one of your legal lines,
[01:56:27.000 --> 01:56:30.000]  you take off your litigant's hat, you put on your master's hat,
[01:56:30.000 --> 01:56:36.000]  and I will show you how to land on them like a ton of bricks.
[01:56:36.000 --> 01:56:46.000]  Your lawyer, he files a pleading that has a frivolous argument in it, you bargrieve him.
[01:56:46.000 --> 01:56:52.000]  You file a bargrieve against the lawyer and it is absolutely devastating.
[01:56:52.000 --> 01:56:55.000]  One bargrieve is your first year of practice.
[01:56:55.000 --> 01:56:58.000]  They cancel your malpractice insurance immediately.
[01:56:58.000 --> 01:57:04.000]  Two bargrieve is any one year of practice, few big cracks in 20 years, they'll cancel.
[01:57:04.000 --> 01:57:07.000]  And it starts at like 25 grand a year.
[01:57:07.000 --> 01:57:12.000]  Three, they'll cancel your law firm's malpractice insurance.
[01:57:12.000 --> 01:57:15.000]  And they don't even care if it's valid or not.
[01:57:15.000 --> 01:57:16.000]  They don't care.
[01:57:16.000 --> 01:57:18.000]  They'll cancel.
[01:57:18.000 --> 01:57:20.000]  Makes lawyers crazy.
[01:57:20.000 --> 01:57:26.000]  And if the lawyer says one word about the bar grievance to you or to the court,
[01:57:26.000 --> 01:57:31.000]  you file a bargrieve against him for that because he's forbidden to do that.
[01:57:31.000 --> 01:57:36.000]  Oh, you have so many things to do.
[01:57:36.000 --> 01:57:40.000]  You can beat him up, but there is one hazard here.
[01:57:40.000 --> 01:57:45.000]  You have to be real careful because this can become way too much fun.
[01:57:45.000 --> 01:57:50.000]  You can really get the light beating these guys up.
[01:57:50.000 --> 01:57:53.000]  But this is not facetious.
[01:57:53.000 --> 01:57:58.000]  We need to do this to our officials because we need to keep them in line.
[01:57:58.000 --> 01:58:03.000]  The best complaints to file against them are the minor ones.
[01:58:03.000 --> 01:58:08.000]  It keeps them from doing something real serious that will get them fired.
[01:58:08.000 --> 01:58:12.000]  We just want to annoy them until they want you to go away.
[01:58:12.000 --> 01:58:14.000]  Okay.
[01:58:14.000 --> 01:58:21.000]  Email me, randy at ruleoflawradio.com, and I'll get back to you,
[01:58:21.000 --> 01:58:26.000]  give you your address and the county and the name of the properties under.
[01:58:26.000 --> 01:58:30.000]  I'll meet up and I'll show you how to go after these guys.
[01:58:30.000 --> 01:58:31.000]  All righty.
[01:58:31.000 --> 01:58:32.000]  That sounds great.
[01:58:32.000 --> 01:58:33.000]  Okay.
[01:58:33.000 --> 01:58:34.000]  Thank you, Sandy.
[01:58:34.000 --> 01:58:35.000]  We are out of time.
[01:58:35.000 --> 01:58:36.000]  Thank you all for listening.
[01:58:36.000 --> 01:58:37.000]  We'll be back next week.
[01:58:37.000 --> 01:58:39.000]  Randy Kelton, Rule of Law Radio.
[01:58:39.000 --> 01:58:44.000]  We'll be back at 8 o'clock on Thursday and then again 8 o'clock on Friday.
[01:58:44.000 --> 01:58:49.000]  Make sure you listen to 80's traffic seminar, traffic show on Mondays.
[01:58:49.000 --> 01:58:50.000]  Thank you.
[01:58:50.000 --> 01:58:57.000]  Bibles for America is offering absolutely free a unique study Bible called the New Testament Recovery Version.
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