[00:00.000 --> 00:07.840]  The following news flashes brought to you by The Lone Star Lowdown, providing the deli
[00:07.840 --> 00:15.520]  bulletins for the commodities market, today's history, news updates, and the inside scoop
[00:15.520 --> 00:23.320]  into the tides of the alternative.
[00:23.320 --> 00:28.560]  Markets for Wednesday, 20th of September, 2017, closed with gold at $1,383 and 83 cents
[00:28.560 --> 00:37.800]  an ounce, silver $17.17 an ounce, Texas Crude $49.48 a barrel, Bitcoin is about $3,961
[00:37.800 --> 00:46.840]  and Dashcoin sits about $343 U.S. currency.
[00:46.840 --> 00:51.200]  Today in history, the year 2011, the United States military under direction of the Obama
[00:51.200 --> 00:55.200]  administration ends its Don't Ask, Don't Tell policy, originally put in the law during the
[00:55.200 --> 00:59.240]  Clinton administration, repealing Don't Ask, Don't Tell has allowed gay and lesbian men
[00:59.240 --> 01:06.720]  and women to serve openly in the military for the first time.
[01:06.720 --> 01:10.920]  In recent news, at least 225 people have been confirmed dead as a result of yesterday's
[01:10.920 --> 01:17.520]  7.1 earthquake, which struck 34 miles southwest of the city of Puebla in Mexico, 32 years
[01:17.520 --> 01:22.000]  to the day after the city's infamous quake that struck in 1985, which killed as many
[01:22.000 --> 01:23.760]  as 10,000 people.
[01:23.760 --> 01:28.120]  The most recent quake, less than two weeks after the magnitude 8.1 earthquake on the
[01:28.120 --> 01:32.840]  7th of this month, the epicenter of which was about 60 miles off the coast of Chiapas.
[01:32.840 --> 01:36.680]  Civil protection officials at the scene of at least 44 different locations where clamps
[01:36.680 --> 01:40.400]  or partially classed buildings are in the city, are reporting at least 50 people being
[01:40.400 --> 01:44.760]  rescued out of them who were still alive, along with many dead bodies as well.
[01:44.760 --> 01:48.320]  Many more people are thought to be trapped within the wreckage of these damaged buildings.
[01:48.320 --> 01:52.400]  Mexican officials are stating that at least 39 buildings have been entirely destroyed.
[01:52.400 --> 02:02.280]  These fearing aftershocks have prepared to sleep on the streets in Mexico City.
[02:02.280 --> 02:06.560]  A 6.1 magnitude earthquake has just hit off the eastern coast of Japan about 200 miles
[02:06.560 --> 02:10.240]  from the Fukushima power plant that has been in critical condition since it was struck
[02:10.240 --> 02:12.960]  by a tsunami in March of 2011.
[02:12.960 --> 02:16.520]  The quake was about 10 kilometers into the Earth's crust, and there has been no reports
[02:16.520 --> 02:20.360]  of damages as of yet, and a tsunami warning has not been issued.
[02:20.360 --> 02:24.520]  This is the third large quake to strike in the last 24 hours after the disastrous one
[02:24.520 --> 02:28.480]  in Mexico and a smaller one in New Zealand.
[02:28.480 --> 02:36.080]  Astronomers have informed the public that in just this past week, three never-before-discovered
[02:36.080 --> 02:39.960]  asteroids were spotted after they flew by Earth, rather close.
[02:39.960 --> 02:45.120]  Of the three, the largest, Asteroid 2017 SQ2, was spotted in hindsight on Monday, nearly
[02:45.120 --> 02:51.000]  four days after the warehouse size chunk of space rock skimmed by 125,000 miles above
[02:51.000 --> 02:52.000]  Earth.
[02:52.000 --> 03:19.000]  This was Rick Brody with your Lowdown for September 20th, 2017.
[03:19.000 --> 03:44.560]  Okay, we are back.
[03:44.560 --> 04:07.360]  Thank you.
[04:07.360 --> 04:11.360]  Would I direct that to the city attorney?
[04:11.360 --> 04:19.360]  Well, you would have to, they would have to, did they file a citation against you to just give you a notice?
[04:19.360 --> 04:25.360]  Just a, you might, a notice you might say is what it is, just to ask you to bring it into compliance.
[04:25.360 --> 04:26.360]  Yeah.
[04:26.360 --> 04:27.360]  For you.
[04:27.360 --> 04:28.360]  Okay.
[04:28.360 --> 04:33.360]  Then you don't have standing yet because they really haven't done anything to you.
[04:33.360 --> 04:34.360]  Okay.
[04:34.360 --> 04:35.360]  Okay.
[04:35.360 --> 04:39.360]  John has given notice and opportunity.
[04:39.360 --> 04:42.360]  Notice and opportunity to cure.
[04:42.360 --> 04:49.360]  So if you intend to cure, you just notify them and, and tell them what you're going to do.
[04:49.360 --> 04:56.360]  And it said you're in the process of bringing it into compliance and they'll probably go away and give you a loan.
[04:56.360 --> 05:00.360]  And what I was saying when we left off.
[05:00.360 --> 05:01.360]  Okay.
[05:01.360 --> 05:18.360]  I know if you're a purist that your rights are absolutely sacrosanct and nobody can infringe on my rights and any, any compromise is socialist.
[05:18.360 --> 05:23.360]  Well, we live in a civilized society.
[05:23.360 --> 05:31.360]  And if I own a half million dollar property and there's an empty lot next to me and this guy on the other side owns half million dollar property.
[05:31.360 --> 05:40.360]  And some guy that just got out of federal prison, his parents died and he inherits this property in between.
[05:40.360 --> 05:47.360]  That he wants to come out there and put in a junkyard and a crack house.
[05:47.360 --> 05:52.360]  Well, that harms me.
[05:52.360 --> 06:03.360]  I should have standing to raise an issue, but he's going to say my property, my business, bought out.
[06:03.360 --> 06:11.360]  So where do we draw this line on competing interest?
[06:11.360 --> 06:17.360]  And when the city comes and says, if you don't have a vehicle in your property, you've got to have it licensed.
[06:17.360 --> 06:25.360]  Because they don't want junkyards, they don't want properties with junk vehicles stacked all around on them.
[06:25.360 --> 06:40.360]  And while you may only have one vehicle there, their problem is if I don't enforce in this instance, I can't enforce in a more serious instance.
[06:40.360 --> 06:42.360]  Does that make sense?
[06:42.360 --> 06:44.360]  Yeah, it does.
[06:44.360 --> 06:50.360]  But there's one thing I know that they trespassed and came up on my property and walked up on it.
[06:50.360 --> 06:53.360]  That to me, I don't think they should be allowed to do.
[06:53.360 --> 06:59.360]  Do you have a fence around your property?
[06:59.360 --> 07:01.360]  No, I do.
[07:01.360 --> 07:06.360]  The places where I had my, there was some stuff, they looked back in there and I think they took pictures.
[07:06.360 --> 07:09.360]  I haven't seen them, I've been told they do that.
[07:09.360 --> 07:15.360]  And they did go back there on that, but I'm going to put no trespassing signs up though after this.
[07:15.360 --> 07:25.360]  Yeah, or you can paint a two inch wide purple strip down a fence post with every hundred feet apart.
[07:25.360 --> 07:27.360]  Yeah, I know about that, yeah.
[07:27.360 --> 07:31.360]  They probably don't, if that makes it more fun.
[07:31.360 --> 07:33.360]  Yeah, I agree.
[07:33.360 --> 07:38.360]  Well, they, will they ignore that trespass sign and just go up and do it anyway from, huh?
[07:38.360 --> 07:39.360]  Oh yeah.
[07:39.360 --> 07:41.360]  I figured they would.
[07:41.360 --> 07:42.360]  Absolutely.
[07:42.360 --> 07:46.360]  Yeah, put them up there just so it covers your tracks.
[07:46.360 --> 07:47.360]  And here's the deal.
[07:47.360 --> 07:50.360]  This is an open range state.
[07:50.360 --> 08:02.360]  If you don't have something that an ordinary person of reasonable prudence would construe as a barrier or a property line marker,
[08:02.360 --> 08:09.360]  then you can't complain if I walk onto your property so long as I don't harm anything.
[08:09.360 --> 08:19.360]  Because, you know, Texas is open range and through history, we moved cattle and people from place to place.
[08:19.360 --> 08:28.360]  And unless you wanted your property secured, then we can move across it.
[08:28.360 --> 08:37.360]  Now, if you secured it with a fence or some kind of barrier and no trespassing signs, then I can't move across it.
[08:37.360 --> 08:44.360]  If you have a fence, I could move across your property so long as I don't harm anything.
[08:44.360 --> 08:49.360]  I can't steal anything, I can't damage anything, but just walk across your property, I can do that.
[08:49.360 --> 08:54.360]  Unless you put up no part, no trespassing signs.
[08:54.360 --> 09:01.360]  So, these city employees don't have a special exemption.
[09:01.360 --> 09:05.360]  If you don't have a fence, they can walk across your property.
[09:05.360 --> 09:11.360]  If you do have a fence, they can walk across your property.
[09:11.360 --> 09:19.360]  But if you have a fence and a no trespassing sign, now they can't.
[09:19.360 --> 09:40.360]  So, from your side, if you have that issue and you don't want your property intruded on, then you have to give notice to the general public that you have exempted your property out from the open range nature of the state.
[09:40.360 --> 09:50.360]  And give them notice so that they have a way to determine that you don't want them on there.
[09:50.360 --> 09:53.360]  Oh, looks like we lost Dave.
[09:53.360 --> 10:06.360]  But, okay, anyway, I know I'm to the extremist, I may sound like I'm giving in, but we live in a civil society.
[10:06.360 --> 10:12.360]  And we owe certain concessions to the people around us.
[10:12.360 --> 10:19.360]  If we're going to expect those people to respect our rights, we have to respect theirs too.
[10:19.360 --> 10:26.360]  Okay, now we're going to go to Leslie in Pennsylvania. Hello, Miss Leslie.
[10:26.360 --> 10:39.360]  I know you're hammering somebody. We don't have you affectionately bad grandma for nothing.
[10:39.360 --> 10:44.360]  Well, you know, that first case I gave you was in Texas.
[10:44.360 --> 11:05.360]  And I don't know if you remember that we started Debra with a quiet title action. And then when the party that responded came back, they filed like four months later, a cross claim for foreclosure.
[11:05.360 --> 11:21.360]  And we tried to get that thrown out, but when the judge said the summary judgment for the judgment on the motion to kick that out, the motion to strike,
[11:21.360 --> 11:27.360]  I told her, I said, you know what, if he's against you, then why don't we just file for bankruptcy?
[11:27.360 --> 11:36.360]  Because they had a harder row to hoe in proving standing for anything in a bankruptcy court. So that's what she did.
[11:36.360 --> 11:47.360]  Hold on, Leslie. Tell everybody how long Debra's been fighting this. I want to call her Princess because that was her Skype name.
[11:47.360 --> 11:58.360]  Yeah. She's been fighting this since 2012. About a little bit, almost as long as I've been fighting.
[11:58.360 --> 12:07.360]  But yeah, she's been fighting this since 2012. But she got this far. So now she's in the bankruptcy court and we filed.
[12:07.360 --> 12:23.360]  I did some research and I found out that the lender is not required to file any claim if they have secured, if they have a secured interest in your property,
[12:23.360 --> 12:32.360]  even if it's exempt. And then when it's dismissed, they can just go after the property because they have a secured interest.
[12:32.360 --> 12:47.360]  However, a debtor can file a claim on their behalf and then file an adversarial action against them and then they have to defend it or lose.
[12:47.360 --> 12:53.360]  Oh, wait a minute, wait a minute. I'm not sure I understand what you just said.
[12:53.360 --> 13:08.360]  A debtor can file a claim on their behalf. If they don't have to file a claim, this doesn't make sense. I'm missing something.
[13:08.360 --> 13:20.360]  The claim is in the nature of a debt. Are you saying that if someone has a claim that's of a different nature than a debt?
[13:20.360 --> 13:34.360]  It's secured by property. If it's secured by property, they don't have to issue a claim into the bankruptcy court because there's a mortgage on the property.
[13:34.360 --> 13:50.360]  There's something wrong with that because I can assert that I have a claim and if I assert that I have a claim, then by that reasoning, I wouldn't have to bring that assertion of claim to the bankruptcy court.
[13:50.360 --> 14:10.360]  I could bypass it altogether. But then the claim is based on a debt and the whole point of the bankruptcy is to deal with debt.
[14:10.360 --> 14:30.360]  Right. So if they say that you owe money and it's secured by property and they don't have to file a claim, so then a debtor, the person filing bankruptcy, can file one and fill it out as though they were the bank, the mortgage holder.
[14:30.360 --> 14:48.360]  And then come back and challenge that as being unsecured because we put that in as unsecured debt and challenge debt that there was a, what was it?
[14:48.360 --> 14:59.360]  What do they call it? Disputed debt. And then you come in and you dispute their claim that you filed in an adversarial action.
[14:59.360 --> 15:17.360]  What happened in Prince's case, Prince's duties case is we, when we filed the bankruptcy, they came, the creditor came in and filed a notice that they want copies of all the filings of the court.
[15:17.360 --> 15:29.360]  But they did not say that they represented a creditor and that they did not file a claim. They just said they want to file for copies of all filings.
[15:29.360 --> 15:34.360]  What standing did they have to make that request?
[15:34.360 --> 15:47.360]  I don't recall, to be honest with you. I didn't see that filing. All I saw was the notation that this party wants copies of all filings.
[15:47.360 --> 16:06.360]  Then in the case, you know, but then when she filed the claim on behalf of this creditor, then they filed a notice of appearance. Another law firm filed a notice of appearance, a separate law firm.
[16:06.360 --> 16:13.360]  Okay, there's something, I guess this is a bit pedantic, but there's something I'm missing here.
[16:13.360 --> 16:23.360]  What if I went to the court in a bankruptcy of somebody I don't even know and told the court that I want to copy of all the filings?
[16:23.360 --> 16:26.360]  Of course, they're going to say, it's public. What about you?
[16:26.360 --> 16:29.360]  It's an interested party here.
[16:29.360 --> 16:40.360]  What duty do I have to provide you with copies? You can go to a patient and dig them out yourself. So why would they file in the court that they wanted copies?
[16:40.360 --> 16:50.360]  They may have filed that they were representing SOS and one of the creditors, but basically...
[16:50.360 --> 17:14.360]  Hang on. About to go to break. Randy Kelton, we'll be right back.
[17:20.360 --> 17:22.360]  Hmm, yummy apple.
[17:22.360 --> 17:32.360]  I'm going to throw away these yucky cookies in the trash. I click control, shift, delete, and then scroll down to cookies and clear them.
[17:32.360 --> 17:34.360]  Bye-bye, yucky cookies.
[17:34.360 --> 17:46.360]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand side, bookmark the link, and I can go to Amazon through this link and order you some yummy new cookies.
[17:46.360 --> 17:48.360]  No cookies or me.
[17:48.360 --> 17:57.360]  Consider it an early Christmas present. And every time I order on Amazon, I go through this link and I give a little present to this radio network too.
[17:57.360 --> 17:58.360]  See you for cookies.
[17:58.360 --> 18:00.360]  See you for classified.
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[19:11.360 --> 19:21.360]  Well don't let nothing get to you. Only the Father can deliver you. Don't let bad mind people hurt you.
[19:21.360 --> 19:35.360]  Okay, we are back. Randy Kelton with Law Radio and I have someone in Tennessee that I couldn't get a hold of and if he has a comment that is Jermaine.
[19:35.360 --> 19:44.360]  That's my name, Humor. Jermaine in Tennessee. I tried to get you and I got no answer. I see you're still on the line.
[19:44.360 --> 19:50.360]  If you are there, hang on. I'll get to you as soon as I get done with Leslie so don't go away.
[19:50.360 --> 19:52.360]  Okay, Leslie.
[19:52.360 --> 19:54.360]  Yes.
[19:54.360 --> 20:05.360]  Okay, we've got this. She's bankruptcy. And take it she filed a Chapter 7?
[20:05.360 --> 20:07.360]  Yes.
[20:07.360 --> 20:13.360]  And she claimed the property but claimed it as unsecured?
[20:13.360 --> 20:19.360]  Unsecured and exempt because in Texas it's the ones that are not exempt.
[20:19.360 --> 20:24.360]  Hold on. Explain an exempt.
[20:24.360 --> 20:31.360]  Exempt in Texas in particular.
[20:31.360 --> 20:53.360]  In all states there's a certain amount of money that the debtor is allowed to keep and property that the debtor is allowed to keep that does not become accessible to the trustee for distribution to the other creditors.
[20:53.360 --> 20:58.360]  Okay, hold on just a second. Conley, the guy who was shot with Kennedy?
[20:58.360 --> 21:00.360]  Yes.
[21:00.360 --> 21:11.360]  He bankrupted and he had a $25 million mansion on 25 acres of property or he's owned a hundred and something acres of property.
[21:11.360 --> 21:24.360]  But in the bankruptcy he was able to keep his primary residence and 25 acres that it was sitting on and it was worth some hundred and something million dollars all in total.
[21:24.360 --> 21:25.360]  Yes.
[21:25.360 --> 21:29.360]  And he was able to keep it under what you're talking about. Okay, go ahead.
[21:29.360 --> 21:36.360]  Okay, so with that then she filed the claim and an adversarial action.
[21:36.360 --> 21:47.360]  And what I sent you this week was our response to the motion to dismiss, of course, by the defendant.
[21:47.360 --> 21:55.360]  Now here's something that I want to bring to everybody's attention is that when you face foreclosure or bankruptcy or anything like that,
[21:55.360 --> 22:04.360]  the first thing you want to do absolutely is look in the record and see what's recorded against your property.
[22:04.360 --> 22:19.360]  Because in this case there was a certain assignment and mortgage and it was done in 2014 and it was filed in 2014.
[22:19.360 --> 22:29.360]  But the date on the assignment itself was 2004, which created red flags.
[22:29.360 --> 22:34.360]  Okay, let me interject here just for clarity.
[22:34.360 --> 22:45.360]  When an assignment is made, the court has ruled that the assignment is valid as to the parties.
[22:45.360 --> 23:03.360]  But the assignment cannot be used in an action to establish standing unless it has been filed in the county record under Texas Property Code 13.001.
[23:03.360 --> 23:09.360]  Any claim against real property, not property, acknowledged or proven and filed in the record is void as to the holder.
[23:09.360 --> 23:15.360]  So between the two parties, that 2004 assignment would be valid.
[23:15.360 --> 23:28.360]  But if they're trying to use that assignment to give them standing to take an action against somebody else, then that assignment had to be filed in the public record.
[23:28.360 --> 23:53.360]  In addition to that, there was a federal court case before it was filed in the record and she had no knowledge of this assignment because there was like three other assignments before it that were created after 2004.
[23:53.360 --> 23:59.360]  And that still takes me directly back to 13.001.
[23:59.360 --> 24:10.360]  Okay, that backs me up to 51901C, Texas Government Code 51901C.
[24:10.360 --> 24:34.360]  And what 1901C says is that any document filed in the record by someone who does not have something filed in the record showing that he or she has standing to file a document affecting title is construed to be a fraudulent filing.
[24:34.360 --> 24:49.360]  Now that's a special definition of fraud. It doesn't say they're committing fraud, but the document itself is construed to be as fraudulent unless you have something showing you have authority to file that.
[24:49.360 --> 25:01.360]  And I know this is what we're doing here is getting kind of complex, but Leslie is saying that the property was actually transferred in 2004 to somebody else.
[25:01.360 --> 25:08.360]  And just because they never filed it in the public record doesn't mean that transfer wasn't invalid.
[25:08.360 --> 25:17.360]  So later on, somebody came and filed an assignment, but there's nothing showing the head power to do that.
[25:17.360 --> 25:32.360]  Now on top of that, to make it very interesting, I did it Securities and Exchange Commission search. And I did that strangely enough.
[25:32.360 --> 25:38.360]  I did it through Google and Yahoo. I just put the name of the trust in there and let it go.
[25:38.360 --> 25:45.360]  And because there was two other trusts within the chain of titles, I looked up them too.
[25:45.360 --> 25:56.360]  And then I did, I went on Edgar and looked up just the first, like, CSAB in 2007.
[25:56.360 --> 26:02.360]  Okay? And I did that search. Well, this is what we came up with.
[26:02.360 --> 26:15.360]  All of the assignments that say CSAB trust in her property that are recorded against her property never existed in the first place. Never.
[26:15.360 --> 26:27.360]  Now one single filing, not one single trust agreement, not one 8-K, not one annual report, nothing.
[26:27.360 --> 26:33.360]  Okay, guys, this is a lesson to everyone.
[26:33.360 --> 26:43.360]  Do your homework. And Leslie has to be the absolute pro at doing the homework.
[26:43.360 --> 26:46.360]  Go ahead.
[26:46.360 --> 26:52.360]  So I found out what other ones were in there with similar names.
[26:52.360 --> 27:01.360]  So when I did the pleading in a motion to, in response to the motion to dismiss, I brought it in.
[27:01.360 --> 27:11.360]  And as you say, I nailed it. I nailed it to the wall because at first I said, well, if they're saying that it might be a similar name,
[27:11.360 --> 27:24.360]  and I gave all the description of the similar name and why it could not be assigned in 2004 to a 2007 trust, because the trust agreements weren't even signed until 8-2007.
[27:24.360 --> 27:35.360]  And there was no activity in 2014 because there was no activity listed in the securities exchange after December 2007.
[27:35.360 --> 27:42.360]  Wait a minute. Did you consider H.G. Wilkes?
[27:42.360 --> 27:49.360]  He might have had his time machine and moved forward in time.
[27:49.360 --> 27:55.360]  Yeah. Well, anyway, at first I argued that one and then I argued the truth.
[27:55.360 --> 28:13.360]  Now, I said in the alternative, the actual assignment went to distrust, but distrust never filed anything in the results of the research from the Securities and Exchange Commission resulted in this.
[28:13.360 --> 28:18.360]  And I said, no, no, nothing.
[28:18.360 --> 28:29.360]  I'm trying to get to the resultant legal capacity of distrust.
[28:29.360 --> 28:39.360]  What was distrust required to do in order to have standing to enforce its claim?
[28:39.360 --> 28:47.360]  You said it never made any filings. What should it have filed that would have given it the legal standing to enforce a claim?
[28:47.360 --> 28:50.360]  A trust agreement to begin with.
[28:50.360 --> 28:53.360]  Perfect. There's no trust agreement.
[28:53.360 --> 28:54.360]  No.
[28:54.360 --> 29:00.360]  So how do we know this trust even ever existed as a matter of law?
[29:00.360 --> 29:07.360]  It doesn't. I have to have a trust agreement and a trustee and I have to have beneficiary.
[29:07.360 --> 29:12.360]  And it's not applied at trust.
[29:12.360 --> 29:20.360]  So the property was the mortgage was assigned to a trust.
[29:20.360 --> 29:32.360]  But the trust is subject to latches in that the trust had a duty to make certain disclosures or file certain documentation and didn't.
[29:32.360 --> 29:39.360]  Therefore it waived its standing to enforce the provisions of the mortgage.
[29:39.360 --> 29:44.360]  Hang on. Back to go to break. Randy Calton, Rue Law Radio.
[29:44.360 --> 29:48.360]  Recall in number 512-646-1984.
[29:48.360 --> 30:02.360]  I'm getting my timing all off again, but at least I didn't fall off the cliff. We'll be right back.
[30:02.360 --> 30:09.360]  Arf, Arf. The relationship between man and his trustee companion, the dog, goes back for thousands of years.
[30:09.360 --> 30:13.360]  But new evidence suggests we had domesticated a different friend even earlier.
[30:13.360 --> 30:17.360]  I'm Dr. Catherine Albrecht and I'll be back to tell you who it was.
[30:17.360 --> 30:23.360]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:23.360 --> 30:28.360]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
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[33:19.360 --> 33:31.360]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Miss Leslie in...
[33:31.360 --> 33:35.360]  Wait a minute, shall I say Pennsylvania or Arizona?
[33:35.360 --> 33:40.360]  Well, I'm in New Jersey right now. Believe it or not.
[33:40.360 --> 33:44.360]  I'm confused. Okay, go ahead.
[33:44.360 --> 33:55.360]  Well, anyway, in order to have a trust, you need a trust tour, you need a trust instrument, you need beneficiary, and the property as asset.
[33:55.360 --> 33:59.360]  And trusted to the name trustee in the trust instrument.
[33:59.360 --> 34:02.360]  We've not gotten anything like that.
[34:02.360 --> 34:18.360]  In all of her discovery that she did in her quiet title, she never received anything that would give her the trust instrument or any idea as to who all of these people are.
[34:18.360 --> 34:24.360]  Or what the date of the trust was, what date the trust was signed.
[34:24.360 --> 34:36.360]  Okay, when I talk to people about mortgage issues and they talk about securitization, show me the note, and I say, I don't want to talk about all that.
[34:36.360 --> 34:45.360]  The only thing I care about is what is filed in the public record.
[34:45.360 --> 35:01.360]  So I'm assuming what you're telling me is that we have claimants out here who are claiming standing to affect title, but there's nothing filed in the public record to support their claim.
[35:01.360 --> 35:02.360]  That's right.
[35:02.360 --> 35:07.360]  And if there's nothing filed in the Securities and Exchange Commission, you can bet there are boots.
[35:07.360 --> 35:19.360]  Some kind of bogus mortgage bonds underwriter selling bogus bonds to investors.
[35:19.360 --> 35:20.360]  Okay.
[35:20.360 --> 35:24.360]  How do they get back to the foreclosure case?
[35:24.360 --> 35:35.360]  If they're filing bogus bonds, someone actually holds a claim on the property.
[35:35.360 --> 35:39.360]  No, wait a minute, that was a presumption.
[35:39.360 --> 35:45.360]  Is there anyone that actually currently holds a claim on the property?
[35:45.360 --> 35:47.360]  No.
[35:47.360 --> 35:58.360]  The countrywide went out of business in 2008 and they assigned it to these non-existent people in 2004.
[35:58.360 --> 36:05.360]  That put the claim into limbo essentially.
[36:05.360 --> 36:09.360]  Yeah, nobody's going to find it now.
[36:09.360 --> 36:20.360]  That's essentially what your argument is saying, that these purported entities never existed in the first place.
[36:20.360 --> 36:24.360]  Yeah.
[36:24.360 --> 36:31.360]  You do not have a claim that they don't exist, and if they don't exist, the court has no jurisdiction to hear any claim they have.
[36:31.360 --> 36:33.360]  Because that's personal jurisdiction.
[36:33.360 --> 36:38.360]  That can't have personal jurisdiction unless they exist.
[36:38.360 --> 36:47.360]  And personal jurisdiction would have to go to a person, and person can be construed to be a legal fiction.
[36:47.360 --> 36:54.360]  But the legal fiction has to be more than fiction.
[36:54.360 --> 36:57.360]  It has to be actual legal entity.
[36:57.360 --> 37:00.360]  Yes.
[37:00.360 --> 37:08.360]  And in order to do that, you've got a file with the Securities and Exchange Commission.
[37:08.360 --> 37:18.360]  You know, Fannie Mae doesn't have to because their file already is a Fannie Mae trust.
[37:18.360 --> 37:21.360]  The Fannie Mae trust file once a year, and everything that they do isn't that yearly trust.
[37:21.360 --> 37:24.360]  But this one is not a Fannie Mae.
[37:24.360 --> 37:26.360]  This one is entirely different.
[37:26.360 --> 37:33.360]  It might have been assigned just through that channel to Fannie Mae, but Fannie Mae never takes a written assignment or not.
[37:33.360 --> 37:38.360]  I can't say that one. I should say rarely takes a written assignment.
[37:38.360 --> 37:40.360]  Okay. Wait a minute.
[37:40.360 --> 37:42.360]  Explain what that means.
[37:42.360 --> 37:45.360]  Rarely takes a written assignment.
[37:45.360 --> 37:54.360]  Okay. In my case, I went and got one through Mortgage ID, and then they sold it to City Mortgage,
[37:54.360 --> 37:57.360]  and City Mortgage sold it to Fannie Mae.
[37:57.360 --> 38:03.360]  When City Mortgage sold it to Fannie Mae, they did not record an assignment to Fannie Mae.
[38:03.360 --> 38:09.360]  As a matter of fact, when they foreclosed, they said that they were assigned the mortgage from City Mortgage.
[38:09.360 --> 38:12.360]  But that's not true because City Mortgage said...
[38:12.360 --> 38:13.360]  No, City Mortgage.
[38:13.360 --> 38:19.360]  City Mortgage said that they received the assignment from Mortgage ID, and Mortgage ID said in court.
[38:19.360 --> 38:24.360]  They had nothing whatsoever to do with the assignment.
[38:24.360 --> 38:34.360]  Okay. I'm listening to this from a different level probably than most people because I'm thinking,
[38:34.360 --> 38:36.360]  what is actually being assigned here?
[38:36.360 --> 38:39.360]  Is it the mortgage or is it servicing rights?
[38:39.360 --> 38:42.360]  What are we talking about here?
[38:42.360 --> 38:49.360]  The mortgage itself, because the servicing rights only went to City Mortgage using server servicing rights.
[38:49.360 --> 38:55.360]  Well, the assignments from what I can tell don't assign the mortgage.
[38:55.360 --> 39:07.360]  They actually assign the servicing rights that underneath this, there is an entity holding the note itself.
[39:07.360 --> 39:08.360]  Right.
[39:08.360 --> 39:17.360]  They contract out for the servicing rights, and it's the servicers who pretend to be the holders when in fact it's not them.
[39:17.360 --> 39:23.360]  When you see all this moving back and forth, that servicing rights moving back and forth, not the note itself.
[39:23.360 --> 39:25.360]  That's hidden underneath.
[39:25.360 --> 39:26.360]  Right.
[39:26.360 --> 39:28.360]  Does that make sense?
[39:28.360 --> 39:29.360]  Yes, it does.
[39:29.360 --> 39:33.360]  But in the Prince of City's case, that's not the problem.
[39:33.360 --> 39:38.360]  The problem is that her creditors never existed in the first place.
[39:38.360 --> 39:46.360]  And when this is all over, you know, I told her to write a letter to the trustee with a copy of this response.
[39:46.360 --> 39:53.360]  I'm telling the trustee that the trustee should have an interest in this, because she has been paying on this since 2004,
[39:53.360 --> 39:55.360]  and they have been unjustly enriched.
[39:55.360 --> 40:04.360]  And the state has every right to collect that money that she pays to them and apply it against her other creditors.
[40:04.360 --> 40:09.360]  Has she ever filed a notice of rescission?
[40:09.360 --> 40:12.360]  No.
[40:12.360 --> 40:13.360]  Okay.
[40:13.360 --> 40:16.360]  What has the foreclosure been accomplished?
[40:16.360 --> 40:22.360]  She said she sent a notice of rescission, but was not within the three years.
[40:22.360 --> 40:24.360]  Who cares?
[40:24.360 --> 40:26.360]  That was not my question.
[40:26.360 --> 40:28.360]  Did she send one?
[40:28.360 --> 40:29.360]  Yes, she did.
[40:29.360 --> 40:32.360]  20,000 and 11,000, I think it was.
[40:32.360 --> 40:33.360]  Okay.
[40:33.360 --> 40:35.360]  Here's the deal.
[40:35.360 --> 40:49.360]  I have in front of this U.S. Supreme right now, out of New York, a certiori, and I'm asking the Court of Appeals to distinguish Zazinowski.
[40:49.360 --> 40:50.360]  I'm sorry.
[40:50.360 --> 40:55.360]  I'm asking the U.S. Supreme to distinguish Zazinowski.
[40:55.360 --> 40:58.360]  Now, we filed it four or five months ago.
[40:58.360 --> 41:03.360]  They docketed it, and they haven't kicked it out.
[41:03.360 --> 41:07.360]  It's four pages.
[41:07.360 --> 41:09.360]  And this is what I said.
[41:09.360 --> 41:15.360]  We filed a notice of rescission out of time.
[41:15.360 --> 41:25.360]  However, statute of limitations, according to Rule 8 of the Federal Rules of Civil Procedure, is not a bar.
[41:25.360 --> 41:29.360]  It is an affirmative defense that must be pledged.
[41:29.360 --> 41:40.360]  And according to the Truth and Lending Act, once a notice of rescission is filed, rescission is accomplished.
[41:40.360 --> 41:47.360]  And even the fiber cannot undo the rescission, and that's what Zazinowski said.
[41:47.360 --> 41:48.360]  Right.
[41:48.360 --> 42:00.360]  But the banks are claiming it was out of time as if that were a bar, but Rule 8 specifically states that statute of limitations is not a bar.
[42:00.360 --> 42:03.360]  It is an affirmative defense that must be pledged.
[42:03.360 --> 42:13.360]  And the Truth and Lending Act said, you got 20 days in which to complete the rescission process and take possession of the property,
[42:13.360 --> 42:20.360]  or in that time you have to file an opposition.
[42:20.360 --> 42:23.360]  And I'm claiming latches.
[42:23.360 --> 42:31.360]  They had the opportunity to file an opposition to the rescission, but they failed to act on that.
[42:31.360 --> 42:32.360]  They had a right.
[42:32.360 --> 42:35.360]  They set on their right the subject to latches.
[42:35.360 --> 42:38.360]  They waived that right.
[42:38.360 --> 42:42.360]  That's the argument that I have in front of the Supreme.
[42:42.360 --> 42:58.360]  I'm asking them to distinguish Zazinowski and say that a rescission filed out of time must be opposed by the bank under Rule 8 as an affirmative defense,
[42:58.360 --> 43:03.360]  or they waive the issue of out of time.
[43:03.360 --> 43:04.360]  Right.
[43:04.360 --> 43:08.360]  You would think that would be the way it goes.
[43:08.360 --> 43:10.360]  Okay.
[43:10.360 --> 43:14.360]  This is, it's in front of the U.S. Supreme now.
[43:14.360 --> 43:17.360]  The name of the litigate is Reinhardt.
[43:17.360 --> 43:22.360]  We may wind up with Reinhardt v. I forget who they're against.
[43:22.360 --> 43:27.360]  It's as long as it's been in the hands of the Supreme.
[43:27.360 --> 43:32.360]  You know, generally, if they're not going to take it, it gets dumped out in two or three weeks or so.
[43:32.360 --> 43:35.360]  This has been there four or five months.
[43:35.360 --> 43:37.360]  We could get this one picked up.
[43:37.360 --> 43:46.360]  So, whether it gets picked up or not, she still has the claim that rescission was an affirmative defense.
[43:46.360 --> 43:52.360]  I mean, the statute of limitations with the affirmative defense and we're running out of time here.
[43:52.360 --> 44:21.360]  Struggling, but we'll be right back.
[44:21.360 --> 44:23.360]  We'll be right back.
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[46:21.360 --> 46:23.360]  Okay, we are back.
[46:23.360 --> 46:25.360]  Randy Kelton, RealVal Radio.
[46:25.360 --> 46:28.360]  And I'm talking to Leslie in Pennsylvania.
[46:28.360 --> 46:33.360]  And before we move on, Leslie, I want to make you a deal.
[46:33.360 --> 46:38.360]  I have this argument that's before the Supreme.
[46:38.360 --> 46:41.360]  But the problem is I wrote it.
[46:41.360 --> 46:43.360]  You didn't.
[46:43.360 --> 46:44.360]  Great.
[46:44.360 --> 46:46.360]  I'll make you a deal.
[46:46.360 --> 46:56.360]  For those out there, anybody who's interested in knowing how to write well-crafted pleadings,
[46:56.360 --> 47:02.360]  send me a request and I'll send you some of Leslie's work.
[47:02.360 --> 47:08.360]  Leslie's work is absolutely beautiful.
[47:08.360 --> 47:11.360]  I've got all these rules that I talk about on the air.
[47:11.360 --> 47:14.360]  She doesn't violate any of my rules.
[47:14.360 --> 47:18.360]  She never makes proactive statement of law out of her own mouth.
[47:18.360 --> 47:22.360]  She never asks a question before she doesn't provide an answer.
[47:22.360 --> 47:26.360]  Very well-crafted pleadings that anybody can read and make sense of.
[47:26.360 --> 47:28.360]  You don't have to be a lawyer.
[47:28.360 --> 47:33.360]  So I'll send you my arguments and case law in this area.
[47:33.360 --> 47:40.360]  If you will write them up for Leslie and then send me back a copy so I can steal it.
[47:40.360 --> 47:45.360]  Okay.
[47:45.360 --> 47:52.360]  Okay, but that is an argument that she has that relative to Jasonowski.
[47:52.360 --> 47:58.360]  Jasonowski was a decision that Wells Fargo allowed to get to the Supreme Court.
[47:58.360 --> 48:03.360]  And I don't know who the moron attorney is that let that happen.
[48:03.360 --> 48:10.360]  But the U.S. Supreme landed on the banks with both feet.
[48:10.360 --> 48:16.360]  And Jasonowski really stung them good concerning rescission.
[48:16.360 --> 48:27.360]  But it only addressed rescission as applied to the first three years after the mortgage was issued.
[48:27.360 --> 48:35.360]  It says you've got three years, within three years you can rescind the mortgage.
[48:35.360 --> 48:41.360]  If they fail to give you proper notice that you have a right to rescind the mortgage.
[48:41.360 --> 48:45.360]  Now this seems pretty pedantic.
[48:45.360 --> 48:51.360]  That if they don't tell me that I have a right to rescind the mortgage then I can rescind the mortgage.
[48:51.360 --> 48:56.360]  Okay, well in this case they told Jasonowski that they could rescind the mortgage.
[48:56.360 --> 48:59.360]  But they only told him once.
[48:59.360 --> 49:07.360]  They only gave him one notice and there was a man and wife and Jasonowski claimed they were supposed to give two notices.
[49:07.360 --> 49:12.360]  And they filed a rescission on the last possible day.
[49:12.360 --> 49:18.360]  Now I thought that was about as nitpicking as it could get.
[49:18.360 --> 49:25.360]  But it made it to the U.S. Supreme and the U.S. Supreme dropped the sky on the banks.
[49:25.360 --> 49:41.360]  So now we're saying what my argument is saying is that the three year statute of limitations is not a bar from filing with notice of rescission.
[49:41.360 --> 49:48.360]  But is an affirmative defense once notice of rescission is filed.
[49:48.360 --> 50:05.360]  And the second argument that's in mind is that there's another provision in the Truth and Lending Act 15 U.S. Code 1634 F.
[50:05.360 --> 50:13.360]  And that one says that after a foreclosure and that would be after a notice of acceleration.
[50:13.360 --> 50:23.360]  Then if you can show more than $35 of unaccounted four charges, your right to rescind is reinvigorated.
[50:23.360 --> 50:31.360]  So I'm saying that once you receive a notice of rescission, a notice of acceleration, the right to rescind is renewed.
[50:31.360 --> 50:35.360]  File it. Always file it.
[50:35.360 --> 50:38.360]  Because the banks ignore it.
[50:38.360 --> 50:48.360]  And they have 20 days to respond if the bank fails to rescind the mortgage and take possession of the property within 20 days.
[50:48.360 --> 50:54.360]  The borrower may retain the property with no further obligation.
[50:54.360 --> 50:58.360]  So rescission is extremely powerful.
[50:58.360 --> 51:18.360]  So if we can get the courts to distinguish Jasunowski and say that statute of limitations is an affirmative defense, which the rule 8 clearly designates, then anybody can file a rescission at any time.
[51:18.360 --> 51:20.360]  Okay, enough of my preaching.
[51:20.360 --> 51:22.360]  Okay, that's you Leslie.
[51:22.360 --> 51:29.360]  And that's interesting for her to know that that way we can use that as a backup plan if we need it.
[51:29.360 --> 51:37.360]  But right now, this is where we're at. We're waiting on the decision where she just filed this the other day.
[51:37.360 --> 51:44.360]  They'll complete the counter, the opposition to the motion to dismiss.
[51:44.360 --> 51:47.360]  She's just working on the motion to dismiss right now.
[51:47.360 --> 51:49.360]  Is this 12B6?
[51:49.360 --> 51:53.360]  Yes.
[51:53.360 --> 52:14.360]  Okay, if you file any kind of action in a foreclosure issue, the bank, they set up their operations so that no matter where you file, no matter what state you file in, the bank is going to be somewhere else.
[52:14.360 --> 52:22.360]  And that way they get to remove it to the federal courts and it appears as though they've bought and paid for all the federal judges.
[52:22.360 --> 52:25.360]  So they want it in the federal courts.
[52:25.360 --> 52:27.360]  So that's almost always going to happen.
[52:27.360 --> 52:38.360]  And the first thing they're going to do in the federal courts, file a 12B6, claiming that you failed the state of claim on which recovery can be had.
[52:38.360 --> 52:44.360]  So that's where you're at. They're stating that you failed the state of claim on which recovery can be had.
[52:44.360 --> 52:46.360]  Okay.
[52:46.360 --> 52:53.360]  And she's claiming they don't even exist. Where do they get to move the way that he would buy something like that?
[52:53.360 --> 52:56.360]  You're going to agency standing in capacity.
[52:56.360 --> 52:58.360]  Yeah.
[52:58.360 --> 53:20.360]  Who are you that you have agency to represent an agent who has the contractual standing and the legal capacity to raise the issue of that standing before court?
[53:20.360 --> 53:24.360]  Right.
[53:24.360 --> 53:25.360]  Exactly.
[53:25.360 --> 53:30.360]  Now, I sent you another case, Randy. Did you get a chance to look at that?
[53:30.360 --> 53:32.360]  Remind me which one?
[53:32.360 --> 53:34.360]  Dragon Eddie.
[53:34.360 --> 53:39.360]  Dragon Eddie action out of Pennsylvania?
[53:39.360 --> 53:41.360]  No, I didn't.
[53:41.360 --> 53:47.360]  Oh, you're going to love this one. I'll wait until next weekend. I'll give you a chance to look at that.
[53:47.360 --> 53:49.360]  That you're going to love.
[53:49.360 --> 54:01.360]  This, remember me telling you about this friend of mine, who him and his wife signed a mortgage, but the one that was recorded only had his signature on it and was entirely different.
[54:01.360 --> 54:02.360]  And he went to trying.
[54:02.360 --> 54:05.360]  Yes, I do.
[54:05.360 --> 54:06.360]  Okay.
[54:06.360 --> 54:07.360]  Well.
[54:07.360 --> 54:20.360]  Okay. This is where you claim that the document that was presented by the foreclosing entity was not the actual mortgage that was signed.
[54:20.360 --> 54:21.360]  Right.
[54:21.360 --> 54:24.360]  Then it was a forgery. Okay.
[54:24.360 --> 54:38.360]  So they filed a quiet title. The bank filed a quiet title. At the same time, he had a quiet title in the federal court. Remember how you just said they file everything still runs up in the federal court? Well, that's what happened.
[54:38.360 --> 54:53.360]  So while he had his in the federal court since 2012, okay, they filed, when they started, they had like two motions for summary judgment by two different parties that they had joined.
[54:53.360 --> 54:58.360]  They had joined to the case, the title company and the bank.
[54:58.360 --> 54:59.360]  Okay.
[54:59.360 --> 55:17.360]  So while they're fighting in there and they were just before they filed their motion for summary judgment, they filed this quiet title action in the county court and made it look like they were foreclosing using quiet title.
[55:17.360 --> 55:34.360]  And the lawyer got confused and he answered one of the summary judgments and the answer to this thing and they brought it up to the, they brought it, the quiet title up to the federal court to be together with the other quiet title.
[55:34.360 --> 55:43.360]  They just got pissed off at them, remanded it back to the other court, the state court and sanctioned them for $600.
[55:43.360 --> 55:46.360]  Oh, I definitely want to see that.
[55:46.360 --> 55:55.360]  Did he remand it under the 2011 venue and removal clarification act?
[55:55.360 --> 55:57.360]  I don't think so.
[55:57.360 --> 55:58.360]  Okay.
[55:58.360 --> 56:05.360]  Let me explain what that is because they've actually codified it into code and at the moment it's 13 something.
[56:05.360 --> 56:22.360]  But what, what the clarification act said was that while an action with state and federal issues can be removed to the federal court, the court must sever the state actions and remand them back.
[56:22.360 --> 56:38.360]  That's why I filed quiet title actions because quiet title actions are strictly state issues that may make a difference where you live and that puts the quiet title back in the state.
[56:38.360 --> 56:42.360]  So they had two quiet titles going, one in the state and one in the federal.
[56:42.360 --> 56:47.360]  One was written by the bank and the other was written by yours truly.
[56:47.360 --> 56:53.360]  Well, the one, they missed one of the summary judgments.
[56:53.360 --> 57:02.360]  They, he answered one of them and the other one he didn't, didn't realize he had to do them both individually and they threw the case out.
[57:02.360 --> 57:14.360]  As soon as the case got thrown out and it was, and the case got remanded, the other case was remanded about the same time down to the, to the state level.
[57:14.360 --> 57:27.360]  And the same day that it entered the state court, the bank dropped the case, dismissed it.
[57:27.360 --> 57:29.360]  Can you believe that?
[57:29.360 --> 57:31.360]  Guess what that means.
[57:31.360 --> 57:34.360]  They didn't want it heard in the state.
[57:34.360 --> 57:37.360]  If they didn't want to hurt it all.
[57:37.360 --> 57:41.360]  They hadn't bought and paid for the state judge.
[57:41.360 --> 57:42.360]  Right.
[57:42.360 --> 57:46.360]  That means that's a dragon of the action.
[57:46.360 --> 57:59.360]  A dragon of the action is an action filed without cause in a state court in Pennsylvania and a juice in other states also.
[57:59.360 --> 58:01.360]  But I'll let you go.
[58:01.360 --> 58:05.360]  You got a commercial coming?
[58:05.360 --> 58:07.360]  I've got about 30 seconds.
[58:07.360 --> 58:08.360]  Go ahead.
[58:08.360 --> 58:09.360]  Okay.
[58:09.360 --> 58:16.360]  You have to prove that they had no, no cause that they would be able to prevail.
[58:16.360 --> 58:26.360]  And you have to win the case or have it dismissed by the judge or they voluntarily dismiss it after you answer the complaint.
[58:26.360 --> 58:34.360]  And also you, they have to show now some kind of ill will, a reason they did that.
[58:34.360 --> 58:36.360]  So he's got all of them there.
[58:36.360 --> 58:39.360]  Hold on that out of time.
[58:39.360 --> 59:08.360]  We'll be right back.
[59:09.360 --> 59:11.360]  We'll be right back.
[59:40.360 --> 59:44.360]  That's 888-551-0102.
[59:44.360 --> 01:00:10.360]  Or visit us online at bfa.org.
[01:00:10.360 --> 01:00:22.360]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:22.360 --> 01:00:29.360]  Markets for Wednesday, the 20th of September, 2017, close with gold at $1,300.83 an ounce.
[01:00:29.360 --> 01:00:31.360]  Silver, $17.17 an ounce.
[01:00:31.360 --> 01:00:34.360]  Texas Crude, $49.48 a barrel.
[01:00:34.360 --> 01:00:46.360]  Dashcoin is about $3,961 and Dashcoin sits about 343 U.S. currency.
[01:00:46.360 --> 01:00:52.360]  Today in history, the year 2011, the United States military under direction of the Obama administration,
[01:00:52.360 --> 01:00:56.360]  ends its Don't Ask, Don't Tell policy, originally put into law during the Clinton administration.
[01:00:56.360 --> 01:01:06.360]  Repealing Don't Ask, Don't Tell has allowed gay and lesbian men and women to serve openly in the military for the first time.
[01:01:06.360 --> 01:01:11.360]  In recent news, at least 225 people have been confirmed dead as a result of yesterday's 7.1 earthquake,
[01:01:11.360 --> 01:01:16.360]  which struck 34 miles southwest of the city of Puebla in Mexico,
[01:01:16.360 --> 01:01:23.360]  32 years to the day after the city's infamous quake that struck in 1985, which killed as many as 10,000 people.
[01:01:23.360 --> 01:01:28.360]  The most recent quake, less than two weeks after the magnitude 8.1 earthquake on the 7th of this month,
[01:01:28.360 --> 01:01:32.360]  the epicenter of which was about 60 miles off the coast of Chiapas.
[01:01:32.360 --> 01:01:38.360]  Civil protection officials at the scene of at least 44 different locations where collapsed or partially collapsed buildings or in the city,
[01:01:38.360 --> 01:01:44.360]  are reporting at least 50 people being rescued out of them who were still alive, along with many dead bodies as well.
[01:01:44.360 --> 01:01:47.360]  Many more people are thought to be trapped within the wreckage of these damaged buildings.
[01:01:47.360 --> 01:01:51.360]  Mexican officials are stating that at least 39 buildings had been entirely destroyed.
[01:01:51.360 --> 01:01:56.360]  Families fearing aftershocks have prepared to sleep on the streets in Mexico City.
[01:02:01.360 --> 01:02:07.360]  A 6.1 magnitude earthquake has just hit off the eastern coast of Japan about 200 miles from the Fukushima power plant
[01:02:07.360 --> 01:02:12.360]  that has been in critical condition since it was struck by a tsunami in March of 2011.
[01:02:12.360 --> 01:02:17.360]  The quake was about 10 kilometers into the Earth's crust and there has been no reports of damages as of yet
[01:02:17.360 --> 01:02:19.360]  and a tsunami warning has not been issued.
[01:02:19.360 --> 01:02:26.360]  This is the third large quake to strike in the last 24 hours after the disastrous one in Mexico and a smaller one in New Zealand.
[01:02:31.360 --> 01:02:34.360]  Astronomers have informed the public that in just this past week,
[01:02:34.360 --> 01:02:38.360]  three never-before-discovered asteroids were spotted after they flew by Earth.
[01:02:38.360 --> 01:02:39.360]  We're out there close.
[01:02:39.360 --> 01:02:44.360]  Of the three, the largest, Asteroid 2017 SQ2, was spotted in hindsight on Monday,
[01:02:44.360 --> 01:02:51.360]  nearly four days after the warehouse-sized chunk of space rock skimmed by 125,000 miles above Earth.
[01:02:53.360 --> 01:02:57.360]  This was Work Roadie with your lowdown for September 20, 2017.
[01:02:57.360 --> 01:03:04.360]  Okay, we are back.
[01:03:04.360 --> 01:03:08.360]  Randy Kelton with our radio and we're talking to Leslie in Pennsylvania.
[01:03:08.360 --> 01:03:10.360]  Okay, go ahead, Leslie.
[01:03:10.360 --> 01:03:15.360]  Okay, now, under state law, the laws that stick are in this complaint
[01:03:15.360 --> 01:03:19.360]  that I, I've seen in the last couple of years.
[01:03:19.360 --> 01:03:27.360]  Under Pennsylvania laws, you can get treble damages for each of the actions that, that I listed.
[01:03:27.360 --> 01:03:31.360]  The first one is malicious civil action, which is called a dragon-eddy action in Pennsylvania.
[01:03:31.360 --> 01:03:34.360]  Okay, hold on, hold on, step back a second.
[01:03:34.360 --> 01:03:39.360]  You said she can get treble damages for each of the actions that I listed.
[01:03:39.360 --> 01:03:45.360]  The first one is malicious civil action, which is called a dragon-eddy action in Pennsylvania.
[01:03:45.360 --> 01:03:51.360]  Step back a second. You said she can get treble damages for each.
[01:03:51.360 --> 01:03:56.360]  Does that mean a separate adjudication for each?
[01:03:56.360 --> 01:04:03.360]  Or she can get treble damage and each one of these can give her the treble damages?
[01:04:03.360 --> 01:04:07.360]  Each one of these can give her the treble damages, each one of them.
[01:04:07.360 --> 01:04:10.360]  Wow, wonderful.
[01:04:10.360 --> 01:04:16.360]  This complaint is worth over $13.2 million.
[01:04:16.360 --> 01:04:25.360]  This wrongful quiet title action that was filed was malicious in that the only reason it was filed
[01:04:25.360 --> 01:04:32.360]  was to interfere with the concentration on the federal and to confuse the issues in the federal court
[01:04:32.360 --> 01:04:36.360]  that was already before the, you know, that was already in the court
[01:04:36.360 --> 01:04:42.360]  and to distract the defendant from his other court actions.
[01:04:42.360 --> 01:04:50.360]  And the proof of it was that he dismissed the action immediately after the other case was dismissed.
[01:04:50.360 --> 01:04:59.360]  And then with that, on top of that, because it's a forgery,
[01:04:59.360 --> 01:05:04.360]  I also file under the Unfair Trade Practices Act, which is treble damages.
[01:05:04.360 --> 01:05:12.360]  And each one of these things is worth with treble damages at least $2.8 million.
[01:05:12.360 --> 01:05:20.360]  I ask under unjust enrichment because they've been paying on the mortgage that they thought was their mortgage
[01:05:20.360 --> 01:05:24.360]  and it wasn't because it was a forgery.
[01:05:24.360 --> 01:05:29.360]  And then under unfair credit reporting, there's damages.
[01:05:29.360 --> 01:05:37.360]  And unfair credit collection, unfair debt collection under state law, not under the federal law.
[01:05:37.360 --> 01:05:42.360]  The federal laws do not give you treble damage.
[01:05:42.360 --> 01:05:45.360]  And their statutory damages are only limited to one year.
[01:05:45.360 --> 01:05:48.360]  Here, they're limited to four years.
[01:05:48.360 --> 01:05:58.360]  But on top of that, you can get the actual damages times three so that it comes to over $13.2 million.
[01:05:58.360 --> 01:06:00.360]  Tell you like that.
[01:06:00.360 --> 01:06:02.360]  I like that.
[01:06:02.360 --> 01:06:05.360]  I would not want you coming after me.
[01:06:05.360 --> 01:06:11.360]  And I'm going to put you on the dime on the air.
[01:06:11.360 --> 01:06:12.360]  Okay.
[01:06:12.360 --> 01:06:19.360]  I would like to make your documents available to anybody who wants to look at them.
[01:06:19.360 --> 01:06:21.360]  Oh, sure.
[01:06:21.360 --> 01:06:34.360]  Okay, as an example, this is how you write documents. I read lately's documents and I always think I would that I could create such pristine work.
[01:06:34.360 --> 01:06:38.360]  I have to admit, I've had a lot of pressure.
[01:06:38.360 --> 01:06:40.360]  I don't know if you've ever known this before.
[01:06:40.360 --> 01:06:47.360]  I worked with three lawyers at different times in my life and all three of them became judges.
[01:06:47.360 --> 01:06:50.360]  Interesting.
[01:06:50.360 --> 01:06:52.360]  Your work is well done.
[01:06:52.360 --> 01:07:00.360]  And I just told my producer on the break that Leslie is exceptionally anal.
[01:07:00.360 --> 01:07:03.360]  There's not a single typo.
[01:07:03.360 --> 01:07:09.360]  There's your apostrophes are always where they're supposed to be.
[01:07:09.360 --> 01:07:18.360]  They're really one look at it at one of Leslie's documents and you'll see why I find this so interesting.
[01:07:18.360 --> 01:07:22.360]  We need to learn to produce good documents.
[01:07:22.360 --> 01:07:33.360]  And a judge pulled out one of Leslie's documents and take a look at it and he knows immediately this was not written by some pro se chump.
[01:07:33.360 --> 01:07:39.360]  He needs to pay attention to what he's reading here because whoever put this together put a lot of work in.
[01:07:39.360 --> 01:07:53.360]  And that's what I see mostly about Leslie's documents is a fine attention to detail, not just in the styling and structure, but in the linguistics and the order of arguments.
[01:07:53.360 --> 01:07:57.360]  This is an example we can all learn from.
[01:07:57.360 --> 01:08:09.360]  Thank you for that permission and anybody who wants to see how legal documents should be constructed, send me an email and I will send you some copies of what Leslie produces.
[01:08:09.360 --> 01:08:11.360]  Okay, go ahead, Leslie.
[01:08:11.360 --> 01:08:17.360]  Okay, so I sent you that last case that we were discussing, Dragon Eddie.
[01:08:17.360 --> 01:08:24.360]  I sent that to you, I think right after you answered me on the first one and said you liked that one.
[01:08:24.360 --> 01:08:28.360]  And so you should be able to download that on Skype.
[01:08:28.360 --> 01:08:40.360]  I got the Dragon Eddie document and I was intrigued by the name, always like filings with special names, but I just didn't get time to go through them yet and I certainly will.
[01:08:40.360 --> 01:08:48.360]  Okay, so anyway, we can discuss that at a later time and I'll let you get back to your other colors that we're taking over.
[01:08:48.360 --> 01:08:50.360]  Okay, thank you, Leslie.
[01:08:50.360 --> 01:08:57.360]  Okay, now we're going to go to James in Arkansas. Hello, James.
[01:08:57.360 --> 01:08:59.360]  Hey, how are you doing today, Randy?
[01:08:59.360 --> 01:09:05.360]  I'm doing it good and you got it tough following Leslie.
[01:09:05.360 --> 01:09:09.360]  No, I know, she's a jam, huh?
[01:09:09.360 --> 01:09:13.360]  Yeah, I certainly wouldn't want her after me.
[01:09:13.360 --> 01:09:18.360]  Don't call her mean grandma or bad grandma for nothing.
[01:09:18.360 --> 01:09:21.360]  Okay, what do you want?
[01:09:21.360 --> 01:09:26.360]  I want her to help me on some filings, as a matter of fact.
[01:09:26.360 --> 01:09:30.360]  But regardless, the elements...
[01:09:30.360 --> 01:09:33.360]  Okay, hold on, James, hold on.
[01:09:33.360 --> 01:09:37.360]  Okay, start that again. You were kind of breaking up there.
[01:09:37.360 --> 01:09:43.360]  I'm sorry. I hesitated. It probably wasn't the electronics.
[01:09:43.360 --> 01:10:04.360]  The elements of a crime or an allegation, you have to have been the actual code section or law or whatever has actually got to apply to you before they can pursue anything. Is that correct?
[01:10:04.360 --> 01:10:05.360]  Exactly.
[01:10:05.360 --> 01:10:22.360]  This is something I talk about when I say, okay, I was operating this motor vehicle, but what evidence do you have to indicate that I fall within the statutory scheme?
[01:10:22.360 --> 01:10:28.360]  And there's all these laws out here, but do they apply to me in this circumstance? Is that what you were going through, James?
[01:10:28.360 --> 01:10:47.360]  Well, kind of, yeah. Except for, you could just about say that with any particular statute or law, like that fellow that was going to get fined for parking his inoperative, unoperating motor vehicle or, excuse me, motorcycle or whatever on his property.
[01:10:47.360 --> 01:10:57.360]  They said that he couldn't do that. Well, if I was here, I'd be asking, well, what evidence do you have those codes apply to me?
[01:10:57.360 --> 01:11:05.360]  Okay, what property would a property, would you parking on private property or public property?
[01:11:05.360 --> 01:11:10.360]  Well, I know he was the caller earlier in the show that we were talking to.
[01:11:10.360 --> 01:11:19.360]  Oh, you're talking about, okay, Dave from Irving, where he was had a vehicle parked on his own property.
[01:11:19.360 --> 01:11:32.360]  Right, and there was no license to registration or whatever, and they said he couldn't do that. Well, what evidence do they have that that particular code section applies to him?
[01:11:32.360 --> 01:11:47.360]  Well, the fact that he owned property within the statutory limits of the municipality brings him within the authority of the municipal ordinances.
[01:11:47.360 --> 01:11:51.360]  Well, if the municipal ordinance is applied to him, is that correct?
[01:11:51.360 --> 01:12:03.360]  Yes. Now, I can make the constitutional argument that the municipal ordinances are unconstitutional, but if the court rules, they're not unconstitutional.
[01:12:03.360 --> 01:12:21.360]  And he lives within, he purchased property within the statutory limits of, I mean, the territorial limits of the municipality, then he is subject to an adhesion contract,
[01:12:21.360 --> 01:12:35.360]  wherein he agrees by adhesion to abide by the covenants or the ordinances of the municipality in which he's purchasing property.
[01:12:35.360 --> 01:12:39.360]  What if he didn't agree to any of those?
[01:12:39.360 --> 01:12:49.360]  If he purchased, in order to purchase the property, he fell within the authority of the adhesion contract.
[01:12:49.360 --> 01:12:52.360]  And who wrote the adhesion contract?
[01:12:52.360 --> 01:12:57.360]  The municipality.
[01:12:57.360 --> 01:13:02.360]  And so it was there, and he had imputed knowledge of it.
[01:13:02.360 --> 01:13:14.360]  Now, if he purchased property in an unincorporated area, and then the city came in and incorporated the area, now he has an argument.
[01:13:14.360 --> 01:13:28.360]  But if the incorporation was pre-existing, and he stepped within a pre-existing statutory scheme, he cannot then claim exclusion from the statutory scheme.
[01:13:28.360 --> 01:13:30.360]  Does that make sense?
[01:13:30.360 --> 01:13:35.360]  Kind of like property taxes on your house, right?
[01:13:35.360 --> 01:13:43.360]  What evidence do they have of those codes applied to me, just because I only land in a particular area?
[01:13:43.360 --> 01:13:46.360]  No, no, it's a little more complex than that.
[01:13:46.360 --> 01:13:59.360]  When the state sold the property originally, most of the people who bought property from the states didn't have the money to pay for all of it.
[01:13:59.360 --> 01:14:01.360]  They couldn't write a check on it.
[01:14:01.360 --> 01:14:05.360]  So they didn't get an alloidal title.
[01:14:05.360 --> 01:14:18.360]  They went into a contractual agreement with the state to pay off the value of the property over time.
[01:14:18.360 --> 01:14:24.360]  And the state took a lien against the property in the form of a title.
[01:14:24.360 --> 01:14:34.360]  Now, the individual had the right to remove the title once the property was paid off.
[01:14:34.360 --> 01:14:37.360]  But most people didn't.
[01:14:37.360 --> 01:14:52.360]  The primary reason they didn't is because in holding the title and paying the taxes relative to the title, they received services they couldn't otherwise receive.
[01:14:52.360 --> 01:14:55.360]  Now, work 200 years down the road.
[01:14:55.360 --> 01:14:59.360]  So the circumstances in which we live are quite a bit different than those at the time.
[01:14:59.360 --> 01:15:08.360]  At the time, I'm speaking to Texas here, but other states were the same just as at an earlier age.
[01:15:08.360 --> 01:15:16.360]  We had people move into an undeveloped area and we had the Indian hostiles out there.
[01:15:16.360 --> 01:15:21.360]  And one individual couldn't fight all those Indian hostiles.
[01:15:21.360 --> 01:15:36.360]  And so they kind of banded together and group, you know, added their resources to one another so that they would have the ability to fight these guys.
[01:15:36.360 --> 01:15:49.360]  So they come up with this scheme where we will, the state will provide you with protection and you pay for that protection with property taxes.
[01:15:49.360 --> 01:15:55.360]  If you take yourself off the property tax rolls, we won't come and protect you.
[01:15:55.360 --> 01:15:57.360]  You're on your own.
[01:15:57.360 --> 01:16:02.360]  And for the most people apart, people said, we don't want to be on our own.
[01:16:02.360 --> 01:16:05.360]  If somebody robs us, we want a policy to go out and catch them.
[01:16:05.360 --> 01:16:11.360]  If there are Indians come after us, we want people to cut together and fight them off.
[01:16:11.360 --> 01:16:17.360]  So people tend to leave their properties on the tax rolls.
[01:16:17.360 --> 01:16:24.360]  Yeah, well, that's fine for the people that agree to that, but that time is long past.
[01:16:24.360 --> 01:16:34.360]  Why am I subjected to that particular agreement when I didn't agree to it?
[01:16:34.360 --> 01:16:41.360]  You agreed to it when you purchased a property that had a title?
[01:16:41.360 --> 01:16:42.360]  No.
[01:16:42.360 --> 01:16:43.360]  Oh, I don't think so.
[01:16:43.360 --> 01:16:44.360]  You didn't have to.
[01:16:44.360 --> 01:16:53.360]  You didn't have to purchase a property with a title or you could have paid for the property outright and brought forth in a loyal title.
[01:16:53.360 --> 01:16:54.360]  Did you do that?
[01:16:54.360 --> 01:16:55.360]  You'll do that?
[01:16:55.360 --> 01:16:57.360]  No, not yet.
[01:16:57.360 --> 01:17:26.360]  See, your whites don't just...
[01:17:26.360 --> 01:17:43.360]  Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:17:43.360 --> 01:17:44.360]  Do I pay extra?
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[01:17:45.360 --> 01:17:47.360]  Do I have to do anything different when I order?
[01:17:47.360 --> 01:17:48.360]  No.
[01:17:48.360 --> 01:17:49.360]  Can I use my Amazon Prime?
[01:17:49.360 --> 01:17:50.360]  No.
[01:17:50.360 --> 01:17:51.360]  I mean, yes.
[01:17:51.360 --> 01:17:55.360]  Wow, giving without doing anything or spending any money, this is perfect.
[01:17:55.360 --> 01:17:56.360]  Thank you so much.
[01:17:56.360 --> 01:17:57.360]  You're welcome.
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[01:18:59.360 --> 01:19:12.360]  This is the Logos Radio Net Radio Net Radio.
[01:19:12.360 --> 01:19:17.360]  Oh, come on.
[01:19:17.360 --> 01:19:20.360]  Okay, we are back.
[01:19:20.360 --> 01:19:24.360]  Randy Kelton, Rule of Law Radio, and we're talking to James in Arkansas.
[01:19:24.360 --> 01:19:31.360]  James, this is an argument I get a lot, and it's taken a long time to get all the pieces
[01:19:31.360 --> 01:19:33.360]  sorted out.
[01:19:33.360 --> 01:19:41.360]  But when you take possession of property within a political structure, you bind yourself to
[01:19:41.360 --> 01:19:42.360]  an adhesion contract.
[01:19:42.360 --> 01:19:49.360]  And there are generally methods for extracting yourself from those adhesion contracts.
[01:19:49.360 --> 01:19:51.360]  But they're not self-activating.
[01:19:51.360 --> 01:19:54.360]  You have to actually do it.
[01:19:54.360 --> 01:20:00.360]  How would you know that you've been put into an adhesion contract?
[01:20:00.360 --> 01:20:11.360]  Well, when you purchase property that exists within a political division, and that political
[01:20:11.360 --> 01:20:18.360]  division has a set of statute rules and regulations, you bind yourself by adhesion
[01:20:18.360 --> 01:20:21.360]  to that contract.
[01:20:21.360 --> 01:20:26.360]  You didn't have to purchase the property there.
[01:20:26.360 --> 01:20:30.360]  You could have been purchased somewhere else.
[01:20:30.360 --> 01:20:36.360]  So what happens if you decide, no, I don't agree with this adhesion contract.
[01:20:36.360 --> 01:20:40.360]  Am I supposed to sell my property and everything on it?
[01:20:40.360 --> 01:20:42.360]  Exactly.
[01:20:42.360 --> 01:20:46.360]  You don't get to change the contract in the middle.
[01:20:46.360 --> 01:20:54.360]  If I put a roof on your house and I get up there and tear it off and put the felt on it
[01:20:54.360 --> 01:20:59.360]  and decide I want to bother putting shingles on it, can I do that?
[01:20:59.360 --> 01:21:06.360]  Well, for one, I never signed an adhesion contract.
[01:21:06.360 --> 01:21:07.360]  Now, hold on.
[01:21:07.360 --> 01:21:16.360]  Whoa, did you sign a purchase agreement within the statutory limits of a governing authority?
[01:21:16.360 --> 01:21:20.360]  I bought it from a neighbor.
[01:21:20.360 --> 01:21:26.360]  If you bought it from your neighbor and you purchased it within the statutory limits of the governing
[01:21:26.360 --> 01:21:35.360]  authority, you had to agree to the adhesion contract.
[01:21:35.360 --> 01:21:37.360]  No, I don't think so.
[01:21:37.360 --> 01:21:40.360]  I never signed any adhesion contract.
[01:21:40.360 --> 01:21:45.360]  This has been something that's pushed around for a lot.
[01:21:45.360 --> 01:21:48.360]  Just because you say it, don't make it so.
[01:21:48.360 --> 01:21:57.360]  You're in that structure and you take advantage of the roads, the water system, the fire department,
[01:21:57.360 --> 01:22:02.360]  the police department, and then you say, well, I don't want to pay for it.
[01:22:02.360 --> 01:22:04.360]  I'm paying for all those.
[01:22:04.360 --> 01:22:08.360]  You can bring forth an alloidal title.
[01:22:08.360 --> 01:22:14.360]  And by that method, you can extract yourself from the adhesion contracts.
[01:22:14.360 --> 01:22:24.360]  But the only reason that I'm being put in the position I'm in right now or in anybody that is paying property taxes
[01:22:24.360 --> 01:22:29.360]  is because of their aggressions against me.
[01:22:29.360 --> 01:22:32.360]  What does that mean?
[01:22:32.360 --> 01:22:39.360]  You want to reason that anybody pays property taxes so that they don't get their land stolen from them generally.
[01:22:39.360 --> 01:22:42.360]  That is not the reason.
[01:22:42.360 --> 01:22:49.360]  But one of the things is you can bring forth an alloidal title and opt out of the property tax,
[01:22:49.360 --> 01:22:52.360]  but then you can't send your kids to a public school.
[01:22:52.360 --> 01:22:57.360]  The police can't protect you.
[01:22:57.360 --> 01:23:01.360]  The fire department can't put out a fire on your property.
[01:23:01.360 --> 01:23:11.360]  You can't enjoy the benefit of any of the social structures that are purchased for those property taxes,
[01:23:11.360 --> 01:23:13.360]  including the roads.
[01:23:13.360 --> 01:23:17.360]  You have no rights to use the public roadways.
[01:23:17.360 --> 01:23:21.360]  You can opt out if you want to.
[01:23:21.360 --> 01:23:23.360]  But that's the consequences.
[01:23:23.360 --> 01:23:31.360]  Well, those property taxes were all taken under threat of violence.
[01:23:31.360 --> 01:23:32.360]  What?
[01:23:32.360 --> 01:23:35.360]  Would you come up with that?
[01:23:35.360 --> 01:23:39.360]  Well, what happens when you don't pay your property taxes?
[01:23:39.360 --> 01:23:42.360]  Will you violate a contract?
[01:23:42.360 --> 01:23:45.360]  I didn't sign any contract.
[01:23:45.360 --> 01:23:47.360]  Of course you did.
[01:23:47.360 --> 01:23:50.360]  You signed a contract with purchase.
[01:23:50.360 --> 01:23:54.360]  You don't get to pick and choose after the fact.
[01:23:54.360 --> 01:24:02.360]  You didn't have to purchase a property within a political subdivision.
[01:24:02.360 --> 01:24:10.360]  You could have purchased out in the desert somewhere where there are no roads, there are no schools, no police.
[01:24:10.360 --> 01:24:12.360]  None of these amenities that need to be paid for.
[01:24:12.360 --> 01:24:16.360]  You could have purchased there, but you didn't.
[01:24:16.360 --> 01:24:23.360]  Just where there were all these amenities that you wanted to take advantage of, now you don't want to pay for them.
[01:24:23.360 --> 01:24:25.360]  I didn't say that I didn't want to pay for them.
[01:24:25.360 --> 01:24:33.360]  I just didn't want my property under threat of being robbed or taken from me if I just chose not to pay for them.
[01:24:33.360 --> 01:24:34.360]  However...
[01:24:34.360 --> 01:24:39.360]  That's the contractual agreement that you made to pay.
[01:24:39.360 --> 01:24:42.360]  That's how you pay for all these services.
[01:24:42.360 --> 01:24:49.360]  Dear you, to find that contract, I never signed any kind of a contract like that.
[01:24:49.360 --> 01:24:57.360]  You signed a mortgage agreement and you signed a warranty deal?
[01:24:57.360 --> 01:24:59.360]  I don't think so.
[01:24:59.360 --> 01:25:04.360]  I just paid the guys the money and he gave me the title.
[01:25:04.360 --> 01:25:14.360]  You can't say that, oh, I didn't know all of the legal ramifications, therefore I'm not subject to all the legal ramifications.
[01:25:14.360 --> 01:25:17.360]  Well, okay, Randy, let me...
[01:25:17.360 --> 01:25:22.360]  Can you give me a pound of the county government?
[01:25:22.360 --> 01:25:26.360]  What does that mean?
[01:25:26.360 --> 01:25:32.360]  Well, you know what reification is, right?
[01:25:32.360 --> 01:25:35.360]  Would you say that again?
[01:25:35.360 --> 01:25:38.360]  Do you know what reification is?
[01:25:38.360 --> 01:25:43.360]  Reification, no.
[01:25:43.360 --> 01:25:48.360]  That's where you turn something that's vaporist into concrete or attempt to.
[01:25:48.360 --> 01:25:51.360]  Okay.
[01:25:51.360 --> 01:25:55.360]  So you're talking about this political division?
[01:25:55.360 --> 01:25:56.360]  Yes.
[01:25:56.360 --> 01:26:00.360]  Right?
[01:26:00.360 --> 01:26:03.360]  What...
[01:26:03.360 --> 01:26:12.360]  Besides the people that are enforcing these arbitrary rules, what is a political division?
[01:26:12.360 --> 01:26:16.360]  It's a line on a map.
[01:26:16.360 --> 01:26:19.360]  Yeah, it's a pigment of somebody's imagination.
[01:26:19.360 --> 01:26:23.360]  You never see that line from space in a photograph, right?
[01:26:23.360 --> 01:26:24.360]  So what?
[01:26:24.360 --> 01:26:27.360]  To the map, the line.
[01:26:27.360 --> 01:26:30.360]  So what does that mean? What difference does that make?
[01:26:30.360 --> 01:26:33.360]  This is mutual agreement.
[01:26:33.360 --> 01:26:39.360]  You can get a surveyor to go out there and draw that line for you and you can see it.
[01:26:39.360 --> 01:26:42.360]  Because he's got markers out there in the ground.
[01:26:42.360 --> 01:26:47.360]  Just because he didn't put a bunch of signs up there and says, this is where the line is, it's still out there.
[01:26:47.360 --> 01:26:56.360]  And it's in maps and you can go find where the line is and a surveyor can show you exactly where the markers are.
[01:26:56.360 --> 01:26:58.360]  Okay, that's fine.
[01:26:58.360 --> 01:27:05.360]  Regardless, the money that they take from property taxes is done under threat or coercion every time.
[01:27:05.360 --> 01:27:09.360]  So any money, whether it's, I mean, stolen money...
[01:27:09.360 --> 01:27:11.360]  No, they're not...
[01:27:11.360 --> 01:27:15.360]  They're just saying, we have a contract here.
[01:27:15.360 --> 01:27:21.360]  And if you don't uphold your end of the contract, we'll exercise the remedy we have in the contract.
[01:27:21.360 --> 01:27:28.360]  I don't see any contract, I've never seen that contract, Randy. Never seen it.
[01:27:28.360 --> 01:27:31.360]  Okay, well...
[01:27:31.360 --> 01:27:33.360]  I don't know how you...
[01:27:33.360 --> 01:27:37.360]  Do you want me to pay for your amenities?
[01:27:37.360 --> 01:27:39.360]  No.
[01:27:39.360 --> 01:27:46.360]  Then if you want out of the contract, just bring forth a loyal title.
[01:27:46.360 --> 01:27:55.360]  Yeah, it sounds like a bunch of words. My approach would be to say, well, I know you've got all these rules and regulations.
[01:27:55.360 --> 01:27:59.360]  As a matter of fact, I just had a recent conversation with one of those bureaucrats.
[01:27:59.360 --> 01:28:06.360]  And he says, well, we've got all these laws, we've got all these regulations, you know, those apply.
[01:28:06.360 --> 01:28:09.360]  And I says, well, what evidence do you have that those apply?
[01:28:09.360 --> 01:28:13.360]  He says, well, we've got these laws and regulations.
[01:28:13.360 --> 01:28:19.360]  So I said, you're telling me that the laws apply because the laws say they apply?
[01:28:19.360 --> 01:28:20.360]  Now, I don't know.
[01:28:20.360 --> 01:28:21.360]  Yeah.
[01:28:21.360 --> 01:28:24.360]  That sounds sort of your logic to me.
[01:28:24.360 --> 01:28:26.360]  That's an agreement.
[01:28:26.360 --> 01:28:31.360]  Well, those laws don't apply because those laws don't apply.
[01:28:31.360 --> 01:28:36.360]  Do you understand that what you're saying doesn't make any sense?
[01:28:36.360 --> 01:28:44.360]  You're saying that a law only applies if I personally agree that it applies.
[01:28:44.360 --> 01:28:53.360]  Well, you'll find out that the police and the courts and all those guys, they think it applies.
[01:28:53.360 --> 01:28:55.360]  They're going to act like it applies.
[01:28:55.360 --> 01:29:04.360]  Regardless of your theoretical idea about whether it should or shouldn't, they're going to make sure that it does.
[01:29:04.360 --> 01:29:07.360]  And it will physically manifest itself.
[01:29:07.360 --> 01:29:10.360]  You can opt out.
[01:29:10.360 --> 01:29:18.360]  But you're saying you want to not opt out, you just want what you want.
[01:29:18.360 --> 01:29:22.360]  No, I'm asking them for evidence to those courts apply.
[01:29:22.360 --> 01:29:25.360]  They haven't ever provided any.
[01:29:25.360 --> 01:29:34.360]  All they have to do is to the public ledger, the public laws.
[01:29:34.360 --> 01:29:43.360]  Public laws created by a legislature authorized by the Constitution to do just exactly that.
[01:29:43.360 --> 01:29:45.360]  That's the evidence.
[01:29:45.360 --> 01:29:50.360]  So the Constitution has to apply first, right?
[01:29:50.360 --> 01:29:52.360]  Yes.
[01:29:52.360 --> 01:30:01.360]  What evidence is there that the Constitution applies?
[01:30:01.360 --> 01:30:10.360]  The Stasi East German secret police used to capture prisoners sent on pieces of felt stored in glass jars so dogs could hunt them down later.
[01:30:10.360 --> 01:30:13.360]  Unfortunately, some things never change.
[01:30:13.360 --> 01:30:16.360]  I'm Dr. Catherine Albrecht and I'll be back with more.
[01:30:16.360 --> 01:30:18.360]  Privacy is under attack.
[01:30:18.360 --> 01:30:22.360]  When you give up data about yourself, you'll never get it back again.
[01:30:22.360 --> 01:30:26.360]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.360 --> 01:30:28.360]  So protect your rights.
[01:30:28.360 --> 01:30:32.360]  Say no to surveillance and keep your information to yourself.
[01:30:32.360 --> 01:30:34.360]  Privacy, it's worth hanging on to.
[01:30:34.360 --> 01:30:38.360]  This public service announcement is brought to you by StartPage.com.
[01:30:38.360 --> 01:30:42.360]  The private search engine alternative to Google, Yahoo and Bing.
[01:30:42.360 --> 01:30:45.360]  Start over with StartPage.
[01:30:45.360 --> 01:30:55.360]  In Germany, 68-year-old leftist Fritz S. thought he'd seen it all, till officials knocked on his door in 2007 demanding something new, his smell.
[01:30:55.360 --> 01:31:04.360]  They thought the aging revolutionary might disrupt the G8 summit, so they made him hold little metal tubes in his hands for several minutes to collect his scent, just in case.
[01:31:04.360 --> 01:31:12.360]  Around that same time, the U.S. government sought research proposals for a similar system to collect human scent for tracking purposes.
[01:31:12.360 --> 01:31:21.360]  Those creepy interrogation jars I mentioned can be seen at the Stasi Museum in Berlin, along with other devices of surveillance and state control.
[01:31:21.360 --> 01:31:24.360]  Look closely. You may see our future.
[01:31:24.360 --> 01:31:30.360]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.360 --> 01:31:36.360]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.360 --> 01:31:38.360]  The government says that fire brought it down.
[01:31:38.360 --> 01:31:43.360]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.360 --> 01:31:46.360]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.360 --> 01:31:49.360]  Thousands of my fellow force responders have died.
[01:31:49.360 --> 01:31:50.360]  I'm not a conspiracy theorist.
[01:31:50.360 --> 01:31:51.360]  I'm a structural engineer.
[01:31:51.360 --> 01:31:53.360]  I'm a New York City correction officer.
[01:31:53.360 --> 01:31:54.360]  I'm an Air Force pilot.
[01:31:54.360 --> 01:31:55.360]  I'm a father who lost his son.
[01:31:55.360 --> 01:31:58.360]  We're Americans, and we deserve the truth.
[01:31:58.360 --> 01:32:08.360]  Rememberbuilding7.org today.
[01:32:58.360 --> 01:33:08.360]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:28.360 --> 01:33:35.360]  Okay, we are back.
[01:33:35.360 --> 01:33:37.360]  Randy Hilton, Rural World Radio.
[01:33:37.360 --> 01:33:43.360]  James, how do I know you even exist?
[01:33:43.360 --> 01:33:46.360]  Because you're hearing my voice.
[01:33:46.360 --> 01:33:50.360]  Yeah, that's electronically. We can only produce that.
[01:33:50.360 --> 01:33:54.360]  Okay, that's fine. So, what's the point?
[01:33:54.360 --> 01:34:05.360]  Well, if I can't see you and I can't hold you or touch you or talk to you, you're just nothing.
[01:34:05.360 --> 01:34:09.360]  Just like all our laws.
[01:34:09.360 --> 01:34:20.360]  I hear voice on this radio, and I assume that that voice is created by a living, breathing human being, and I accept that.
[01:34:20.360 --> 01:34:36.360]  You step into a political division, and you can't see everything that exists in that division.
[01:34:36.360 --> 01:34:44.360]  So, you're asking me to say that anything I can't see, put my hand on touch, holding my hand does not exist.
[01:34:44.360 --> 01:34:56.360]  The only thing that exists is what I want, and what I want. And if I don't want it, I don't have to accept it.
[01:34:56.360 --> 01:34:58.360]  Sounds reasonable to me.
[01:34:58.360 --> 01:35:00.360]  Okay.
[01:35:00.360 --> 01:35:07.360]  I would never try to force my thoughts and beliefs on anybody else.
[01:35:07.360 --> 01:35:20.360]  Yeah, but what you're proposing is that you want to be outside the structure you live inside.
[01:35:20.360 --> 01:35:22.360]  How do you figure?
[01:35:22.360 --> 01:35:29.360]  Well, you're living in a civil society.
[01:35:29.360 --> 01:35:33.360]  You're not living out in the middle of the desert somewhere all by yourself.
[01:35:33.360 --> 01:35:36.360]  You're living around other human beings.
[01:35:36.360 --> 01:35:42.360]  You don't want to be a part of all those other human beings. You want to be separate and all to yourself.
[01:35:42.360 --> 01:35:49.360]  No, I just don't want anybody threatening me with stealing my property if I don't agree with them.
[01:35:49.360 --> 01:35:56.360]  Yeah, say, don't pay, I don't want to pay my bills, and don't you get upset because I don't pay my bills?
[01:35:56.360 --> 01:36:00.360]  Well, I understand why you would. That would be nice.
[01:36:00.360 --> 01:36:05.360]  But we're in a civil society, and we're here by mutual agreement.
[01:36:05.360 --> 01:36:09.360]  And you want to breach the agreement?
[01:36:09.360 --> 01:36:15.360]  Like I said, I never made that agreement. I always tried to conduct myself in an honorable manner.
[01:36:15.360 --> 01:36:22.360]  I just steal from this buddy. I pay my bills.
[01:36:22.360 --> 01:36:29.360]  Why do you use roads? Do you use the water system? Do you use the power?
[01:36:29.360 --> 01:36:35.360]  Do you call the police when you have an issue?
[01:36:35.360 --> 01:36:41.360]  No, not dial 911 and die. No, thank you.
[01:36:41.360 --> 01:36:50.360]  You're making nonsensical arguments that's only tenable if you live out in the middle of a desert all by yourself.
[01:36:50.360 --> 01:36:56.360]  But if you live in a civil society with other human beings, we have mutual agreements.
[01:36:56.360 --> 01:37:01.360]  And you want those agreements to only apply when they're convenient to you?
[01:37:01.360 --> 01:37:06.360]  Well, no, I want them to apply if they can prove they apply.
[01:37:06.360 --> 01:37:15.360]  But from talking to you, there's nothing on earth that would ever account mount to proof because you do these circular arguments.
[01:37:15.360 --> 01:37:25.360]  You want to take an agreement and turn it into a piece of iron so I can touch it and hold it and feel it.
[01:37:25.360 --> 01:37:29.360]  What proof is it that the Constitution applies?
[01:37:29.360 --> 01:37:31.360]  Okay.
[01:37:31.360 --> 01:37:35.360]  I haven't seen it, have you?
[01:37:35.360 --> 01:37:38.360]  Yes, I've seen the Constitution.
[01:37:38.360 --> 01:37:43.360]  Have you seen it? Well, yeah, but what is it?
[01:37:43.360 --> 01:37:50.360]  It's a document, a piece of parchment with squiggly lines on it.
[01:37:50.360 --> 01:38:01.360]  And I've agreed with everybody else to interpret those squiggly lines as making up things we call nouns, verbs, adverbs.
[01:38:01.360 --> 01:38:06.360]  And we've agreed that if we stick those together in a certain way, they have a certain meaning.
[01:38:06.360 --> 01:38:11.360]  We've all made these agreements, these are mutual agreements.
[01:38:11.360 --> 01:38:20.360]  And you want to pretend like mutual agreements don't exist unless you decide that they exist.
[01:38:20.360 --> 01:38:31.360]  And don't apply to you unless you happen to want them to apply to you while you're taking advantage of the benefits those agreements accrue to you.
[01:38:31.360 --> 01:38:33.360]  That's not fair.
[01:38:33.360 --> 01:38:41.360]  I mean, like being able to invade Iraq and Iran and... That's a nonsense argument. That has nothing to do with this.
[01:38:41.360 --> 01:38:45.360]  I didn't invade Iraq or Iran. You didn't invade Iraq or Iran.
[01:38:45.360 --> 01:38:55.360]  We living here in this city or in this town or in this state, and we take advantage of the amenities that the state provides for us.
[01:38:55.360 --> 01:39:05.360]  We use the roads that are built with taxes collected on properties and taxes collected on fuel.
[01:39:05.360 --> 01:39:13.360]  And now you say, well, I didn't agree to pay a property tax, so I don't have to pay it.
[01:39:13.360 --> 01:39:22.360]  But if your house catches on fire and the fire department pulls up to your property line and stands there and watches it burn,
[01:39:22.360 --> 01:39:29.360]  I suspect you're going to be screaming to high heaven because they didn't protect you.
[01:39:29.360 --> 01:39:34.360]  What happened? You know that's happened?
[01:39:34.360 --> 01:39:39.360]  Of course, everything has happened at some time or another.
[01:39:39.360 --> 01:39:49.360]  But I have a son-in-law who's a fireman, and he would not care if you had paid your property taxes or not.
[01:39:49.360 --> 01:39:59.360]  If your house is on fire and you were in there in danger, he would put his life at risk and would not care about contract.
[01:39:59.360 --> 01:40:03.360]  He would do the right thing, and a vast majority of the public will do the right thing.
[01:40:03.360 --> 01:40:14.360]  There are a few people who want to stand by and opt out, but when they need the services, they expect everybody to come to their aid.
[01:40:14.360 --> 01:40:23.360]  Disgust rates we have dealt with this a lot. What you're proposing is crucially unfair.
[01:40:23.360 --> 01:40:29.360]  You think a coercive society is better than a nonvoluntary society?
[01:40:29.360 --> 01:40:37.360]  It will go find a voluntary society. You're not in one, but you didn't leave.
[01:40:37.360 --> 01:40:43.360]  You could leave. You could go to one that will find a voluntary society.
[01:40:43.360 --> 01:40:52.360]  Why should I have to go anywhere to escape the other people's aggressions against me, though?
[01:40:52.360 --> 01:41:02.360]  Because you're taking advantage of the amenities that our sacrifice produces for you, but you don't want to sacrifice anything.
[01:41:02.360 --> 01:41:10.360]  We sacrifice by paying taxes, by getting along with our neighbors, and agreeing to these various contracts and acting under them.
[01:41:10.360 --> 01:41:19.360]  You want to live in this society and take advantage of it, but you don't want to adhere to any of the contextual requirements. It's unfair.
[01:41:19.360 --> 01:41:33.360]  Pretty bold assertion there, Randy. I don't think I've ever said that. I never said I wouldn't pay for the services like that.
[01:41:33.360 --> 01:41:35.360]  Well, I never said that.
[01:41:35.360 --> 01:41:39.360]  I mean, do you want to pay property taxes?
[01:41:39.360 --> 01:41:42.360]  Does anybody want to pay property taxes?
[01:41:42.360 --> 01:41:49.360]  Yeah, I was thinking exactly that when you said it. I came out of my mouth and I'm thinking, I don't want to pay property taxes.
[01:41:49.360 --> 01:42:03.360]  But I'll pay property taxes not because they'll come and beat me up and take my property, but because I'm paying for amenities that I get to enjoy.
[01:42:03.360 --> 01:42:12.360]  If my house catches on fire, there's going to be a bunch of guys coming down here and doing everything they can to put it out for me.
[01:42:12.360 --> 01:42:18.360]  If I'm trapped in here, they'll come in here and risk their lives to get me out of here.
[01:42:18.360 --> 01:42:26.360]  Wouldn't it be better to have that done on a voluntary, mutually agreeable basis, though, rather than a coercive basis?
[01:42:26.360 --> 01:42:32.360]  Women, aren't we doing this based on a mutually agreed basis?
[01:42:32.360 --> 01:42:40.360]  No, I don't think so. Not when somebody comes along and says, you pay your property taxes or we'll take you to court and steal your land.
[01:42:40.360 --> 01:42:45.360]  Nobody forced you to buy that property.
[01:42:45.360 --> 01:42:50.360]  It was your choice.
[01:42:50.360 --> 01:42:54.360]  Come on, Randy. That's a cop-out. You can't do that.
[01:42:54.360 --> 01:43:03.360]  You get to step into a contract and then say, well, I don't like part of the contract, so I'm not going to abide by that part.
[01:43:03.360 --> 01:43:07.360]  You said that was an adhesion contract?
[01:43:07.360 --> 01:43:15.360]  Yeah, the agreement was already there when you purchased the property. You knew there were court property taxes.
[01:43:15.360 --> 01:43:21.360]  When you purchased, you didn't have to purchase.
[01:43:21.360 --> 01:43:24.360]  Well, that's kind of ridiculous.
[01:43:24.360 --> 01:43:31.360]  It's kind of unfair to say, after the fact, that I don't want to agree to the contract.
[01:43:31.360 --> 01:43:46.360]  Okay, look at it this way. What if you get unemployed? You're entirely self-proclaimed except for you don't have any money coming in and you can't afford to pay the property taxes.
[01:43:46.360 --> 01:43:50.360]  They'll steal your land because you're broke. Is that right?
[01:43:50.360 --> 01:43:53.360]  Will you agree to pay for it?
[01:43:53.360 --> 01:43:55.360]  I did not.
[01:43:55.360 --> 01:44:21.360]  Anybody else gave you something as valuable as that?
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[01:46:25.360 --> 01:46:43.360]  Okay, we are back. Randy Kelton, Legal101 Radio, and we're talking to James and Arthur.
[01:46:43.360 --> 01:46:46.360]  And James, I'm going to move ahead.
[01:46:46.360 --> 01:46:52.360]  The reason I spent so much time on this is this is an argument I get quite often,
[01:46:52.360 --> 01:46:58.360]  where people want to opt out of the system, but they want to opt out of the system while they're inside the system.
[01:46:58.360 --> 01:47:04.360]  I am not anti-government, and I'm not anti-establishment.
[01:47:04.360 --> 01:47:12.360]  Yeah, but I just don't want the coercive relationship.
[01:47:12.360 --> 01:47:17.360]  It is the nature of these relationships. Yes, it is coercive.
[01:47:17.360 --> 01:47:21.360]  But you don't have to participate. You can walk away.
[01:47:21.360 --> 01:47:28.360]  You can tell your property and go somewhere where these mutual agreements don't exist.
[01:47:28.360 --> 01:47:31.360]  Okay, here's one real quick example.
[01:47:31.360 --> 01:47:35.360]  You're walking down the road and the MPs run up to you and say,
[01:47:35.360 --> 01:47:40.360]  you're A-wall and throw you in the car and take you down and put you in the break.
[01:47:40.360 --> 01:47:50.360]  Now, wouldn't they have to prove that the military uniform code of military justice applies to you before they can do any further action?
[01:47:50.360 --> 01:47:56.360]  No. What you would have to do is exercise your rights.
[01:47:56.360 --> 01:48:02.360]  Your rights are not necessarily self-activating.
[01:48:02.360 --> 01:48:04.360]  You have to claim them.
[01:48:04.360 --> 01:48:09.360]  The courts have said rights belong to the belligerent litigant.
[01:48:09.360 --> 01:48:13.360]  If you want them, you must claim them.
[01:48:13.360 --> 01:48:15.360]  They're not automatic.
[01:48:15.360 --> 01:48:24.360]  So one of my claims would be these guys did me wrong because they threw me in jail being A-wall and I'm not even in the military.
[01:48:24.360 --> 01:48:30.360]  You have all sorts of remedy, but the remedy is not magic. It's not automatic.
[01:48:30.360 --> 01:48:34.360]  You have to engage that remedy.
[01:48:34.360 --> 01:48:39.360]  There are all sorts of things you can do to deal with property taxing.
[01:48:39.360 --> 01:48:42.360]  But you have to exercise that remedy.
[01:48:42.360 --> 01:48:45.360]  It doesn't exercise itself.
[01:48:45.360 --> 01:48:53.360]  If you don't exercise the remedy, you wave it, and that's part of the mutual agreement we live under.
[01:48:53.360 --> 01:48:54.360]  Got you.
[01:48:54.360 --> 01:48:56.360]  Randy, thanks for your time.
[01:48:56.360 --> 01:48:57.360]  Okay. Thank you, James.
[01:48:57.360 --> 01:49:01.360]  Now we're going to go to John in New York.
[01:49:01.360 --> 01:49:05.360]  If I can get you unmuted. Hello, John.
[01:49:05.360 --> 01:49:07.360]  Hi, Randy. How you doing?
[01:49:07.360 --> 01:49:09.360]  I'm doing good.
[01:49:09.360 --> 01:49:13.360]  Great show. Thank you for all your help and everything that you do for America.
[01:49:13.360 --> 01:49:16.360]  You are one of the heroes, one of the great spot.
[01:49:16.360 --> 01:49:17.360]  Thank you.
[01:49:17.360 --> 01:49:18.360]  Thank you.
[01:49:18.360 --> 01:49:20.360]  And when you hang up, send me the address.
[01:49:20.360 --> 01:49:23.360]  I'll send you to check for that plug.
[01:49:23.360 --> 01:49:25.360]  Well, it's true.
[01:49:25.360 --> 01:49:26.360]  It's true.
[01:49:26.360 --> 01:49:29.360]  You guys, I mean, we can't get along without you.
[01:49:29.360 --> 01:49:35.360]  Leslie had called up a while ago and you were talking about rescission.
[01:49:35.360 --> 01:49:40.360]  Please repeat what you had said about rescission and how it applies to, I guess,
[01:49:40.360 --> 01:49:42.360]  the statute of limitations.
[01:49:42.360 --> 01:49:44.360]  Please repeat that for me.
[01:49:44.360 --> 01:49:47.360]  Okay. Statute of limitations.
[01:49:47.360 --> 01:49:50.360]  That was my question when I looked at it.
[01:49:50.360 --> 01:49:55.360]  Is statute of limitations a bar to an action?
[01:49:55.360 --> 01:50:01.360]  Or is statute of limitations an affirmative defense?
[01:50:01.360 --> 01:50:03.360]  Affirmative defense, right?
[01:50:03.360 --> 01:50:05.360]  An affirmative defense.
[01:50:05.360 --> 01:50:11.360]  And the resounding answer is made very clear on the rule eight of the federal
[01:50:11.360 --> 01:50:14.360]  rules and civil procedure.
[01:50:14.360 --> 01:50:21.360]  Statute of limitations is an affirmative defense that must be pled.
[01:50:21.360 --> 01:50:26.360]  Therefore, statute of limitations is subject to latches.
[01:50:26.360 --> 01:50:29.360]  Latches, you have a right.
[01:50:29.360 --> 01:50:32.360]  You sit on your right.
[01:50:32.360 --> 01:50:34.360]  Therefore, you waive it.
[01:50:34.360 --> 01:50:43.360]  When a notice of rescission is given, the lender has 20 days in which to either
[01:50:43.360 --> 01:50:50.360]  accomplish the rescission process or raise an opposition to the rescission process.
[01:50:50.360 --> 01:50:55.360]  Because the code says if the lender fails to complete the rescission process within
[01:50:55.360 --> 01:50:58.360]  20 days, take possession of the property.
[01:50:58.360 --> 01:51:02.360]  The only way he can get possession of the property is to give you back all the money
[01:51:02.360 --> 01:51:03.360]  you paid for it.
[01:51:03.360 --> 01:51:05.360]  It's called tender.
[01:51:05.360 --> 01:51:12.360]  And what Jasonowski said about this is once the rescission is filed,
[01:51:12.360 --> 01:51:14.360]  rescission is accomplished.
[01:51:14.360 --> 01:51:26.360]  The banks were saying that in rescission, the borrower has to tender the property.
[01:51:26.360 --> 01:51:31.360]  Then the bank will tender all the monies paid.
[01:51:31.360 --> 01:51:35.360]  And the supreme said, no, no, no, other way around.
[01:51:35.360 --> 01:51:38.360]  The bank has to tender first.
[01:51:38.360 --> 01:51:42.360]  So the bank has to give you back everything you've paid.
[01:51:42.360 --> 01:51:44.360]  Then you give the property back to them.
[01:51:44.360 --> 01:51:48.360]  That has to happen within 20 days.
[01:51:48.360 --> 01:51:55.360]  If the bank fails to accomplish this within 20 days, then the lender,
[01:51:55.360 --> 01:52:01.360]  then the borrower may retain the property with no further obligation.
[01:52:01.360 --> 01:52:03.360]  That's real clear.
[01:52:03.360 --> 01:52:09.360]  The only way they can interrupt this is petition the court for restraining order.
[01:52:09.360 --> 01:52:14.360]  And the court can say, OK, 20 day clock stops here.
[01:52:14.360 --> 01:52:17.360]  We adjudicate this claim.
[01:52:17.360 --> 01:52:24.360]  And primarily the claim is affirmative defense to rescission statute of limitations.
[01:52:24.360 --> 01:52:27.360]  Well, the bank didn't raise it.
[01:52:27.360 --> 01:52:31.360]  They had an opportunity to raise it, but they didn't raise it.
[01:52:31.360 --> 01:52:39.360]  They treated statute of limitations as if it were a bar to rescission.
[01:52:39.360 --> 01:52:45.360]  When the rules say it is an affirmative defense to a rescission.
[01:52:45.360 --> 01:52:50.360]  Since they treated it as a bar, they didn't raise the affirmative defense.
[01:52:50.360 --> 01:52:54.360]  They're subject to latches that cannot bring it now.
[01:52:54.360 --> 01:52:56.360]  Did that make sense?
[01:52:56.360 --> 01:53:00.360]  You lost me because I guess I don't know what rescission is.
[01:53:00.360 --> 01:53:02.360]  And there's other things.
[01:53:02.360 --> 01:53:05.360]  And the whole process is gooey.
[01:53:05.360 --> 01:53:07.360]  OK, rescission, rescission.
[01:53:07.360 --> 01:53:09.360]  We back out of the contract.
[01:53:09.360 --> 01:53:18.360]  You and I enter into a contract and I look at it and I change my mind and I decide I don't want to be in this contract anymore.
[01:53:18.360 --> 01:53:22.360]  So I give you notice that I rescind the contract.
[01:53:22.360 --> 01:53:33.360]  And then when I rescind the contract, we both have to return to the other all of the value that we received.
[01:53:33.360 --> 01:53:38.360]  In a mortgage, I receive a warranty deed.
[01:53:38.360 --> 01:53:42.360]  You receive a promise to pay and monthly payments.
[01:53:42.360 --> 01:53:51.360]  If I rescind, you give me back my promise to pay and all the money I gave you and I give you back the warranty deed.
[01:53:51.360 --> 01:53:54.360]  It unwinds the contract.
[01:53:54.360 --> 01:53:57.360]  That's what rescission is.
[01:53:57.360 --> 01:54:13.360]  OK, all right. Oh, and just so that the last guy that you were talking to about property taxes and services, police protection, fire protection.
[01:54:13.360 --> 01:54:16.360]  Just so you know, I'll cut right to the chase.
[01:54:16.360 --> 01:54:22.360]  I have a friend in Orlando, Florida who has not paid property taxes in over 10 years.
[01:54:22.360 --> 01:54:30.360]  And see that gentleman who you were talking to, what it boils down to is you are arguing how many angels and a pinhead.
[01:54:30.360 --> 01:54:40.360]  But the real crux of the issue is whether or not they have the authority to raise taxes for property.
[01:54:40.360 --> 01:54:47.360]  In other words, I'm your primary resident and they do not have the authority to raise.
[01:54:47.360 --> 01:54:55.360]  You're going to disagree with me, but they do not have the authorization to raise property taxes in the first place.
[01:54:55.360 --> 01:55:03.360]  If you or I do something, as long as it's not as private citizens, as long as it's not prohibited, we can do it.
[01:55:03.360 --> 01:55:07.360]  But for the government to do something, it has to be spelled out.
[01:55:07.360 --> 01:55:16.360]  And nowhere is there a law that gives anyone the authority to tax personal property, your primary residence.
[01:55:16.360 --> 01:55:17.360]  And that's a fact.
[01:55:17.360 --> 01:55:20.360]  Yeah, and I agree with that.
[01:55:20.360 --> 01:55:27.360]  The problem we have is a title.
[01:55:27.360 --> 01:55:30.360]  The title is the contract.
[01:55:30.360 --> 01:55:35.360]  Well, they just plain don't have the authority to raise property taxes.
[01:55:35.360 --> 01:55:39.360]  Taxes were included in the title agreement.
[01:55:39.360 --> 01:55:49.360]  That's where we have the problem, but there is a remedy and bringing forth a loyal title and get rid of the state's title.
[01:55:49.360 --> 01:55:51.360]  Get rid of what title?
[01:55:51.360 --> 01:55:52.360]  The state's title.
[01:55:52.360 --> 01:55:57.360]  You can void the state's title and bring forth an loyal title.
[01:55:57.360 --> 01:56:01.360]  And that brings you out of all of these contracts with the state.
[01:56:01.360 --> 01:56:11.360]  But when you do that, you can't use city water, you can't use any of the amenities that property taxes contribute to.
[01:56:11.360 --> 01:56:16.360]  That's what I was explaining to him, that this is contractual.
[01:56:16.360 --> 01:56:19.360]  It's not about basic rights.
[01:56:19.360 --> 01:56:20.360]  It's contractual.
[01:56:20.360 --> 01:56:21.360]  That's true.
[01:56:21.360 --> 01:56:22.360]  That's true.
[01:56:22.360 --> 01:56:24.360]  But you see, you've got to see the other side of the coin.
[01:56:24.360 --> 01:56:30.360]  If they don't have the right to raise the taxes in the first place, they also don't have the right to raise the taxes in the first place.
[01:56:30.360 --> 01:56:35.360]  They also don't have the right on the other side of the coin to charge you for those services.
[01:56:35.360 --> 01:56:43.360]  No, no, they have a right to contract and include, they don't have to provide you with services.
[01:56:43.360 --> 01:56:48.360]  There's no, there's nothing that requires them to bring you services.
[01:56:48.360 --> 01:56:49.360]  I'll grant you that.
[01:56:49.360 --> 01:56:50.360]  That's true.
[01:56:50.360 --> 01:56:51.360]  Yeah.
[01:56:51.360 --> 01:56:52.360]  That's true.
[01:56:52.360 --> 01:57:07.360]  What Americans don't understand is the income tax is another situation where they don't have the authority to tax you on income.
[01:57:07.360 --> 01:57:11.360]  What they have the authority to tax you on is profit.
[01:57:11.360 --> 01:57:15.360]  And that applies to corporations only.
[01:57:15.360 --> 01:57:16.360]  And that...
[01:57:16.360 --> 01:57:17.360]  Okay.
[01:57:17.360 --> 01:57:18.360]  Okay.
[01:57:18.360 --> 01:57:20.360]  You broke one of my rules.
[01:57:20.360 --> 01:57:22.360]  I used a pronoun.
[01:57:22.360 --> 01:57:26.360]  Who does they refer to?
[01:57:26.360 --> 01:57:27.360]  Okay.
[01:57:27.360 --> 01:57:31.360]  We're talking feds, we're talking state.
[01:57:31.360 --> 01:57:33.360]  Well, we're talking feds now.
[01:57:33.360 --> 01:57:42.360]  You see, when the income tax came true, there are people that argue that it was never ratified by all the states.
[01:57:42.360 --> 01:57:47.360]  Now, whether or not it was ratified by all the states, that doesn't even make any difference.
[01:57:47.360 --> 01:58:01.360]  Yeah, it's a relevant argument because the tax return is you are returning to the government the money that they overpaid you.
[01:58:01.360 --> 01:58:03.360]  That's what that's about.
[01:58:03.360 --> 01:58:08.360]  If the government hasn't paid you any money, then there's nothing to return.
[01:58:08.360 --> 01:58:09.360]  Right.
[01:58:09.360 --> 01:58:18.360]  The income tax only applies to government employees and it does apply to government employees by contract.
[01:58:18.360 --> 01:58:36.360]  And what they've tried to do with what they have done is extended that to everybody else by giving us, making us members of a group that receives benefits from the federal government.
[01:58:36.360 --> 01:58:42.360]  And that puts us in a contract with the federal government to pay them.
[01:58:42.360 --> 01:58:49.360]  Harman Taylor is real big on this and this is not something I go too often.
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