[00:00.000 --> 00:10.520]  You are listening to the Liberty Beats, your daily source for Liberty News and Activist
[00:10.520 --> 00:15.720]  Updates online at TheLibertyBeat.com.
[00:15.720 --> 00:20.720]  John Bush here with your Liberty Beats for February 22, 2013.
[00:20.720 --> 00:28.960]  Gold open today at $1,571, silver at $28.70 and Bitcoin is trading at $31.24.
[00:28.960 --> 00:34.800]  Today's edition of The Liberty Beats is sponsored by Voice and Exit, conference in Austin taking
[00:34.800 --> 00:39.840]  place March 9th exploring social entrepreneurship and radical community.
[00:39.840 --> 00:43.000]  Tickets and information online at VoiceandExit.com.
[00:43.000 --> 00:44.240]  And now the news.
[00:44.240 --> 00:49.880]  A U.S. Senator has said an estimated 4,700 people, including some civilians, have been
[00:49.880 --> 00:54.080]  killed in the contentious bombing raids of America's secretive drone war.
[00:54.080 --> 00:57.680]  It was the first time a politician or any government representative had referred to
[00:57.680 --> 01:02.000]  a total number of fatalities in the drone strikes, which had been condemned by rights
[01:02.000 --> 01:05.400]  groups as extra-judicial assassinations.
[01:05.400 --> 01:09.440]  The toll from hundreds of drone-launched missile strikes against suspected al-Qaeda militants
[01:09.440 --> 01:14.280]  in Pakistan, Yemen and elsewhere has remained a mystery as U.S. officials refused to publicly
[01:14.280 --> 01:18.360]  discuss any details of the covert campaign.
[01:18.360 --> 01:23.800]  In 2008, President Barack Obama made statements regarding a, quote, civilian national security
[01:23.800 --> 01:24.800]  force.
[01:24.800 --> 01:28.280]  Just that day, many have been curious as to what President Obama had in mind when he
[01:28.280 --> 01:29.960]  made that statement.
[01:29.960 --> 01:34.160]  Representative Charles Rangel may have just given a bit of insight into what he meant when
[01:34.160 --> 01:37.200]  he introduced HR748 last week.
[01:37.200 --> 01:42.680]  HR748 would require all persons in the United States between the ages of 18 and 25 to perform
[01:42.680 --> 01:44.080]  national service.
[01:44.080 --> 01:48.520]  These persons in the United States would either serve the country as a member of uniform services
[01:48.520 --> 01:50.680]  or as a civilian service.
[01:50.680 --> 01:54.760]  The civilian service could be served with a federal, state or local government program.
[01:54.760 --> 01:58.520]  Federal government programs include community-based organizations.
[01:58.520 --> 02:03.360]  An Illinois state representative has introduced the Internet Posting Removal Act, which was
[02:03.360 --> 02:08.560]  introduced February 13th by Illinois General Assembly veteran Iris Silverstein, a Democrat.
[02:08.560 --> 02:09.920]  Here's a summary of the bill.
[02:09.920 --> 02:14.560]  The act provides that a website administrator shall, upon request, remove any posted comments
[02:14.560 --> 02:18.880]  posted by an anonymous poster unless the anonymous poster agrees to attach his or her name to
[02:18.880 --> 02:24.480]  the post and confirm that his or her IP address, legal name and home address, are accurate.
[02:24.480 --> 02:27.960]  Privacy advocates are protesting the measure.
[02:27.960 --> 02:32.040]  Members of a task force proposing regulations for recreational marijuana in Colorado approved
[02:32.040 --> 02:36.760]  recommendations Tuesday that would allow for marijuana tourism but block out-of-state
[02:36.760 --> 02:39.760]  pot shop owners.
[02:39.760 --> 02:45.920]  Today's edition of the Liberty Beat is sponsored by Central Texas Gun Works, CHL Forces and
[02:45.920 --> 02:52.360]  Firearm Sales, online at CentralTexasGunWorks.com and by Brave New Books, free thinking materials
[02:52.360 --> 02:59.360]  for free people since 2006, online at bravenewbookstore.com.
[03:52.360 --> 04:04.560]  Okay, this is Randy Kelton here on a Friday night, the first day of March, 2013 is hard
[04:04.560 --> 04:09.880]  to believe we're in the third month of the year already.
[04:09.880 --> 04:17.720]  My mother warned me about this, this is our four hour info marathon, we're gonna, I expect
[04:17.720 --> 04:24.840]  to have a guest on but he may be an hour late, he may not be on until the second hour.
[04:24.840 --> 04:31.560]  Our phone lines are gonna be open, it's gonna be Dan Reel, those who listen to us pretty
[04:31.560 --> 04:39.040]  often have heard Dan on before and he's gonna talk about foreclosure and the foreclosure
[04:39.040 --> 04:43.440]  laws as they relate to Connecticut.
[04:43.440 --> 04:48.440]  But while we'll wait for him to show up, I'm gonna talk about the foreclosure laws as
[04:48.440 --> 04:51.880]  they relate to everybody.
[04:51.880 --> 05:04.040]  I am doing some presentations that I intend to use as audios on some of my websites.
[05:04.040 --> 05:13.640]  So tonight I'm gonna do a presentation on what to do if you've received a notice of
[05:13.640 --> 05:17.560]  intent to foreclose.
[05:17.560 --> 05:25.480]  If you have received a notice of intent to foreclose or a notice of acceleration, there's
[05:25.480 --> 05:34.600]  any number of different named notices you can receive that amount of the same thing,
[05:34.600 --> 05:42.080]  then time is close, time is short and you need to do something.
[05:42.080 --> 05:48.280]  For those of you who are not familiar with the process and the one that we talk about
[05:48.280 --> 05:57.880]  relatively often on the show is the only thing that will get the bank's attention that we
[05:57.880 --> 06:02.240]  have seen is a lawsuit.
[06:02.240 --> 06:11.200]  There are modification programs, specifically the HAMP program put up by President Obama,
[06:11.200 --> 06:22.120]  but as we discussed last Friday with Winston Wallace, the HAMP program is one major scam
[06:22.120 --> 06:30.280]  and the banks use the process to force you into foreclosure.
[06:30.280 --> 06:35.520]  We may get to that on this show, but if not, we will talk about that on another show in
[06:35.520 --> 06:38.280]  more detail.
[06:38.280 --> 06:45.480]  But for now we're gonna talk about what to do if you have a impending foreclosure sale.
[06:45.480 --> 06:48.360]  There are a number of things you can do.
[06:48.360 --> 06:56.040]  If you haven't done anything concerning the foreclosure process as yet, there are a number
[06:56.040 --> 07:00.720]  of things you need to do simultaneously and the things you're gonna talk about first you
[07:00.720 --> 07:05.240]  can do relatively quickly so they don't take long so you can get these out.
[07:05.240 --> 07:11.280]  The first thing you need to do is send out a number of letters, whoever is attempting
[07:11.280 --> 07:14.720]  to foreclose on you.
[07:14.720 --> 07:27.840]  On that person you should send them a debt validation letter.
[07:27.840 --> 07:35.680]  On a debt validation letter, if you've received a notice of a foreclosure sale date, the debt
[07:35.680 --> 07:42.520]  validation letter will very often cause the bank to put off the date and that is as it
[07:42.520 --> 07:53.680]  should be because when a debt validation letter is filed, the lender is obligated by the Fair
[07:53.680 --> 08:03.280]  Debt Collections Practices Act at 15 U.S.C. 1692 G. The Fair Debt Collections Practices
[08:03.280 --> 08:14.760]  Act is 15 U.S.C. 1692 and in paragraph G it goes to debt validation if someone sends
[08:14.760 --> 08:17.600]  you a presentment.
[08:17.600 --> 08:25.440]  A presentment under the Uniform Commercial Code is defined as a demand for payment on
[08:25.440 --> 08:29.840]  a debt in United States dollars.
[08:29.840 --> 08:38.800]  If you're sent a demand for payment from anyone, you may dispute the debt with that person and
[08:38.800 --> 08:46.920]  if you send them a letter stating that you dispute the debt and demand that the claimant
[08:46.920 --> 08:56.560]  prove up their claim, then the debt collector is required to cease all collection efforts
[08:56.560 --> 09:00.960]  until he has proved up the claim.
[09:00.960 --> 09:06.840]  So if they're in the process of foreclosure and you file the debt validation letter, they're
[09:06.840 --> 09:14.880]  going to claim that in this case they are not debt collectors but in fact they are merely
[09:14.880 --> 09:19.640]  attempting to recover collateral.
[09:19.640 --> 09:26.360]  The courts across the country are split on these issues.
[09:26.360 --> 09:31.680]  Some say yes, you are a debt collector, some say no, you're not a debt collector.
[09:31.680 --> 09:37.200]  For our purposes, we don't care which district we're in, we don't care what the court said,
[09:37.200 --> 09:44.160]  we're going to make the claim and the issue that we've been making with the lawsuits that
[09:44.160 --> 09:54.080]  we've been helping people produce is that they are a debt collector until they show
[09:54.080 --> 09:58.200]  that they are not a debt collector.
[09:58.200 --> 10:04.000]  And we've helped people file suits under the Fair Debt Collection Practices Act claiming
[10:04.000 --> 10:09.160]  that the person was a debt collector and demanding that they validate the debt.
[10:09.160 --> 10:15.080]  Well, they came back with Rule 12 motion to dismiss Fair State of Claim alleging that
[10:15.080 --> 10:22.400]  they were not debt collectors and therefore they did not fall under the Act.
[10:22.400 --> 10:29.400]  So the argument that we're making here is that in order to implement the intent of the
[10:29.400 --> 10:38.320]  legislature and that intent was to prevent someone with no claim on a debt from attempting
[10:38.320 --> 10:48.520]  to collect on a debt, if you have a debt with GMAC and I call you from Joe Blow Collections
[10:48.520 --> 10:55.600]  and tell you that or send you a letter saying I'm collecting for GMAC and you need to send
[10:55.600 --> 11:03.880]  all your future payments to me, well I don't know who you are, if I send you the payments
[11:03.880 --> 11:12.200]  and you are not collecting for GMAC, the payments I send to you do not extinguish the debt and
[11:12.200 --> 11:15.040]  that's in Uniform Commercial Code.
[11:15.040 --> 11:20.240]  So I need to be sure of who I'm dealing with.
[11:20.240 --> 11:27.880]  Now these foreclosing agents are saying well we're not debt collectors, we fall under the
[11:27.880 --> 11:34.280]  exclusion written into the code for those that are simply retrieving collateral, well
[11:34.280 --> 11:39.720]  there's an exclusion, I don't remember the exact statute for it at the moment, I think
[11:39.720 --> 11:51.280]  it's C or D, but it refers specifically to people who are doing reposts, that's what
[11:51.280 --> 11:56.960]  the purpose of the statute was, if somebody is repossessing your car they're not collecting
[11:56.960 --> 12:07.200]  a debt, if their primary business is repossession and they don't come to you and say pay me
[12:07.200 --> 12:13.240]  this much money or I'm going to tow your car, they're not even in a position to take any
[12:13.240 --> 12:19.760]  money from you, they're only coming out there to collect the car, they are not a debt collector
[12:19.760 --> 12:26.920]  but the foreclosing agents are trying to squeeze in under that exclusion and saying oh we're
[12:26.920 --> 12:33.480]  not trying to collect money, we're just trying to recover the property, well in order to recover
[12:33.480 --> 12:40.760]  the property you have to give a notice of intent to foreclose in the form of a notice
[12:40.760 --> 12:50.160]  of default and opportunity to cure and we're saying that makes you a debt collector because
[12:50.160 --> 12:59.400]  you're telling them either you pay me a certain amount in United States dollars or I will
[12:59.400 --> 13:10.080]  become a collateral recovery agent, so the argument we're making to the court is even
[13:10.080 --> 13:22.280]  if the jurisdiction says that the debt collector that the foreclosing agent falls under the
[13:22.280 --> 13:31.760]  exclusion until such time as you prove that you are actually in that position and you
[13:31.760 --> 13:38.840]  fall under, if someone could claim they could be excluded from proving up their position
[13:38.840 --> 13:45.600]  just by making the claim that they were a debt collector and not have to prove it up
[13:45.600 --> 13:53.960]  then the statute requiring someone to prove up their position would have no force in effect
[13:53.960 --> 14:00.760]  so we're saying they are a debt collector until they prove them not and in our suit
[14:00.760 --> 14:08.360]  we stipulate that if they will prove up their position we will dismiss this issue because
[14:08.360 --> 14:15.720]  what we're claiming is is we don't know who the real holder is and with all this robo
[14:15.720 --> 14:21.800]  signing and securitization and transferring these notes and deeds of trust all over the
[14:21.800 --> 14:30.680]  place we don't have clues to the real holder that it is so we don't know who has actual
[14:30.680 --> 14:37.960]  authority to perform the foreclosure and we're asking you to prove up your position you send
[14:37.960 --> 14:45.960]  us a notice of default an opportunity to cure we need to make sure that if we send the amount
[14:45.960 --> 14:52.040]  necessary to cure through you then it actually will cure the debt and we won't have somebody
[14:52.040 --> 14:55.960]  coming back next week trying to foreclose again.
[14:55.960 --> 15:01.200]  So the first thing you need to do is send a debt validation letter and when they receive
[15:01.200 --> 15:07.320]  the debt validation letter the statute orderly is stopped from further collection until they
[15:07.320 --> 15:16.520]  answer well they'll still send you an answer but it will be non-responsive they will send
[15:16.520 --> 15:25.000]  you the original deed of trust and and maybe the note if they if they've got a copy of it
[15:25.000 --> 15:31.320]  they won't send you the original they won't make originals available so in order to address
[15:31.320 --> 15:39.240]  that in the debt validation letter we also asked the for demand that they produce the
[15:39.240 --> 15:48.200]  note for inspection by the borrower now that is governed by uniform commercial code 3-501
[15:49.800 --> 15:58.920]  and it says that when a creditor sends a presentment to a debtor and the debtor demands
[15:58.920 --> 16:05.720]  production of the original security instrument the creditor must make the instrument available
[16:05.720 --> 16:13.320]  for inspection by the debtor he does not have to give it to him he just has to show it to him
[16:13.320 --> 16:20.520]  if he fails to do so the debtor may cease all payments without dishonor well that's
[16:20.520 --> 16:29.080]  this creates statutory a stop all and on two different fronts they will almost always stop
[16:29.080 --> 16:34.920]  the foreclosure at least the first time they take some a little bit to get grouped once they've
[16:34.920 --> 16:39.880]  sent you this bogus answer then they may go ahead and try to foreclose again when we come back
[16:39.880 --> 16:46.680]  from the break we'll talk about what you can do in those circumstances this is Randy Kelton
[16:46.680 --> 16:54.040]  Deborah Stevens Eddie Craig little radio our call in number five one two six four six 1984
[16:54.040 --> 16:57.960]  give us a call call lines are open we'll be right back
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[18:01.000 --> 18:05.480]  are you being harassed by debt collectors with phone calls letters or even losses
[18:05.480 --> 18:11.880]  stop debt collectors now with the michael miras proven method michael miras has won six cases in
[18:11.880 --> 18:17.160]  federal court against debt collectors and now you can win two you'll get step by step instructions
[18:17.160 --> 18:22.440]  in plain english on how to win in court using federal civil rights statutes what to do when
[18:22.440 --> 18:27.720]  contacted by phones mail or court summons how to answer letters and phone calls how to get
[18:27.720 --> 18:32.760]  debt collectors out of your credit reports how to turn the financial tables on them and make them
[18:32.760 --> 18:39.480]  pay you to go away the michael miras proven method is the solution for how to stop debt collectors
[18:39.480 --> 18:44.600]  personal consultation is available as well for more information please visit rule of law radio
[18:44.600 --> 18:50.600]  dot com and click on the blue michael miras banner or email michael miras at yahoo dot com that's
[18:50.600 --> 19:10.360]  rule of law radio dot com or email michael miras at yahoo dot com to learn how to stop debt collectors
[19:20.600 --> 19:32.360]  uh
[19:38.520 --> 19:43.720]  it's standing like it's out of control on the edge of a hole inside a deep dark
[19:43.720 --> 19:53.960]  hole i'm always on the lookout for something to suit my soul so i sit back and i watch the
[19:53.960 --> 20:17.080]  ever-dancing fall and i see justice is the goal yeah justice is the goal
[20:17.080 --> 20:25.720]  okay we're back randy kelton rule of law radio and we were talking about the foreclosure and
[20:25.720 --> 20:34.920]  what to do if you have a notice of intent to foreclose the first thing we addressed was a
[20:34.920 --> 20:44.200]  debt validation letter and it's a good idea if you can before the foreclosure occurs
[20:44.200 --> 20:52.280]  to get a suit filed under fair debt collections practices act you go ahead and send in the
[20:52.280 --> 21:01.480]  debt validation letter and then file suit for the same purpose file suit demanding that the
[21:01.480 --> 21:10.360]  person claiming authority to foreclose prove up their position prove that they are actually
[21:10.360 --> 21:23.240]  a bona fide agent for the true holder of the note now this is a big problem for the banks
[21:23.880 --> 21:33.320]  the bank may actually be or whoever the alleged agent a blood alleged principle for the agent is
[21:33.320 --> 21:42.440]  this may actually be the true holder their problem is is in the last 13 years or so
[21:43.560 --> 21:50.120]  after the repeal of the glass steel act and the repeal of the prohibition against derivatives
[21:51.160 --> 21:57.960]  it's sort of unleashed the money changers on us and they got themselves into such a glut of
[21:57.960 --> 22:06.040]  swallowing all of the equity of this country that they just didn't take care of business
[22:07.400 --> 22:15.720]  they didn't take care of the bookkeeping very well and they can't prove up their position
[22:17.800 --> 22:22.840]  so when you file suit for this you're you know we've done a bunch of them and we the courts
[22:22.840 --> 22:33.800]  you have to understand are absolutely totally corrupt they will dismiss your case no matter what
[22:35.560 --> 22:45.080]  because the banks have money and power and they can apply political pressure and the federal judges
[22:45.080 --> 22:54.760]  are scoundrels maybe they can't help it maybe their position depends on them being dirty rotten
[22:54.760 --> 22:59.720]  scoundrels but in the end they're dirty rotten scoundrels and they will rule against a pro se
[22:59.720 --> 23:07.800]  out of hand at every turn but that's okay we have things we can do as pro says
[23:07.800 --> 23:15.160]  this and i say this regularly the banks at the courts hate pro se litigants
[23:16.920 --> 23:21.960]  they don't hate pro se litigants because pro se litigants file stupid pleadings
[23:22.760 --> 23:25.320]  they like that part makes it easy to screw them around
[23:26.760 --> 23:33.800]  they hate pro se litigants because every once in a while they run across the pro se from hell
[23:33.800 --> 23:43.320]  the pro se who knows how to use his position as a pro se to beat them up big time
[23:45.160 --> 23:53.720]  and do it absolutely legal by their own law as a pro se you don't have to worry about this
[23:54.680 --> 23:59.080]  scoundrel judge pulling your bar card because you don't have one
[23:59.080 --> 24:04.920]  one you don't generally you don't have to worry about him sanctioning you
[24:06.520 --> 24:14.440]  because for the most part the those things that will get someone sanctioned
[24:16.120 --> 24:25.400]  only apply to lawyers you know as long as you don't cuss the judge out and put on the appearance
[24:25.400 --> 24:33.800]  of civility you'll have no way to sanction you when you start filing judicious conduct
[24:33.800 --> 24:42.920]  complaints against him every time he squeaks that he can do nothing about if you file a judicious
[24:42.920 --> 24:49.720]  conduct complaint against the judge and the judge says one word to you that's obstruction
[24:49.720 --> 24:58.440]  with justice tampering with a witness that'll get him in trouble big time same with bar grievances
[24:58.440 --> 25:04.760]  against attorneys bar grievances make attorneys nuts because it dramatically increases their
[25:04.760 --> 25:14.760]  malpractice insurance so these are things we can do to them as pro se's that lawyers can't do if
[25:14.760 --> 25:21.000]  you have a lawyer he can't do anything if he does anything that just don't like that judge can jerk
[25:21.000 --> 25:30.200]  his bar card at their caprice but you don't have to worry about that and we will show you how to
[25:31.800 --> 25:39.480]  take some actions that will make up for a lot of these problems we have with corrupt judges
[25:39.480 --> 25:45.240]  and i'm hoping that if we get a lot of people doing this that we can put enough pressure on
[25:45.240 --> 25:54.280]  these judges that they will stop pulling these shenanigans to get us to stop filing judicious
[25:54.280 --> 26:05.320]  conduct complaints against them and anyway once you file the suit you can expect a rule 12
[26:05.320 --> 26:11.080]  motion to dismiss failure state of claim and that's going to come they got 21 days to file that
[26:11.080 --> 26:19.080]  answer so if you're looking at foreclosure and they generally have to give you 21 days notice
[26:19.080 --> 26:26.920]  and they generally time it so it's exactly 21 days notice so you file a federal lawsuit
[26:26.920 --> 26:37.160]  once you file the federal lawsuit then if you have a well i'm sorry once you file the federal
[26:37.160 --> 26:48.440]  lawsuit there's almost certainly they will stop the sale the read now it does not statutorily
[26:48.440 --> 26:55.800]  stop the sale and i have a lot of people ask me what can i do to stop the sale well legally
[26:55.800 --> 27:06.040]  statutorily the only thing you could do to actually legally prohibit the bank from foreclosing
[27:07.240 --> 27:16.600]  is to get a court order the bank can foreclose even if they have absolutely no grounds whatsoever
[27:18.440 --> 27:23.880]  now they have they can get problems for it later you know that's like what can you do to
[27:23.880 --> 27:30.360]  stop somebody from running red light well you can't he's driving a car and if he wants to run
[27:30.360 --> 27:35.400]  red light he can run red light but you can rest him charge him a lot of money give him a lot of
[27:35.400 --> 27:43.720]  grief later and foreclosures like that if the bank feels like it can foreclose it's going to go
[27:43.720 --> 27:55.080]  ahead and go through this routine however once you sue them the reality is that when loser draw and
[27:55.080 --> 28:03.160]  the bank expects to win an end because courts are corrupt courts are going to rule against you out
[28:03.160 --> 28:12.120]  of hand at every turn with the banks ruling against you out of hand at every turn we can probably
[28:12.120 --> 28:23.000]  keep them in court for the next four or five years that's the reality so once you file an action
[28:23.000 --> 28:29.720]  against them if the bank goes ahead and forecloses and evicts you out of the property while the
[28:29.720 --> 28:35.800]  litigation is going on nobody in their right mind would purchase that property because there will be
[28:35.800 --> 28:42.200]  a less pendants and we'll show you how to file with less pendants and so the property is going to sit
[28:42.200 --> 28:53.240]  empty you can't insure empty property in california just passed new stiff laws making it a felony if
[28:53.240 --> 28:59.560]  you have empty property and you don't maintain it and they pass new laws where the cities are trying
[28:59.560 --> 29:07.560]  to take these properties by imminent domain because they constitute a hazard excuse me
[29:09.080 --> 29:19.400]  so once you sue them now they have reasons that don't have anything to do with the statutory
[29:19.400 --> 29:26.120]  estoppel they have practical reasons for not wanting you out of the property and
[29:26.120 --> 29:31.560]  and once you get that in there are a number of things so even if they try to go ahead and
[29:31.560 --> 29:38.920]  foreclose we'll show you when we come back from the break we will talk about a bunch of the things
[29:38.920 --> 29:46.600]  they can do you can do to to keep the banks from selling the property this is randy kelton
[29:46.600 --> 29:52.920]  debba steven said at craig will blow radio he says me here tonight on our four hour info marathon
[29:52.920 --> 30:05.960]  give us a call 512 646 1984 we'll be right back britain leads the world in public surveillance
[30:05.960 --> 30:12.040]  cameras but now they've taken surveillance to a new low under kevin albrecht back to tell you the
[30:12.040 --> 30:19.800]  repulsive place those keeping tom's have invaded next privacy is under attack when you give up data
[30:19.800 --> 30:25.400]  about yourself you'll never get it back again and once your privacy is gone you'll find your freedoms
[30:25.400 --> 30:31.560]  will start to vanish too so protect your rights say no to surveillance and keep your information
[30:31.560 --> 30:37.560]  to yourself privacy it's worth hanging on to this message is brought to you by start page
[30:37.560 --> 30:44.120]  dot com the private search engine alternative to google yahoo and then start over with start page
[30:44.120 --> 30:50.760]  britain is swimming and surveillance cameras and last count nearly two million of them were spying
[30:50.760 --> 30:56.360]  on law-abiding citizens but the uk privacy group big brother watch just revealed something i can
[30:56.360 --> 31:02.120]  only describe as disgusting cameras have been installed in bathrooms and changing rooms in
[31:02.120 --> 31:07.960]  schools across britain it's unclear who's watching the footage or what the schools do with the film
[31:07.960 --> 31:13.160]  school officials claim they need these bathroom cams for security but parents want to know who
[31:13.160 --> 31:19.080]  gave headmasters permission to film their children using toilets and taking showers shame on those
[31:19.080 --> 31:25.000]  schools for teaching kids the wrong lesson about safety a dr catrin albrecht for start page dot
[31:25.000 --> 31:35.560]  com the world's most private search engine this is building seven a 47 story skyscraper that fell
[31:35.560 --> 31:41.240]  on the afternoon of september 11 the government says that fire brought it down however 1500 architects
[31:41.240 --> 31:46.120]  and engineers have concluded it was a controlled demolition over 6000 my fellow service members
[31:46.120 --> 31:50.840]  have given their lives and thousands of my fellow force responders are playing i'm not a conspiracy
[31:50.840 --> 31:54.840]  theorist i'm a structural engineer i'm a new york city correctional i'm an air force pilot i'm a
[31:54.840 --> 32:01.560]  father who lost his son we're americans and we deserve the truth go to rememberbuilding7.org today
[32:02.360 --> 32:08.120]  it is so enlightening to listen to 90.1 FM but finding things on the internet isn't so easy
[32:08.120 --> 32:12.280]  and neither is finding like-minded people to share it with oh well i guess you haven't
[32:12.280 --> 32:17.960]  heard of brave new books then brave new books yes brave new books has all the books and DVDs
[32:17.960 --> 32:23.080]  you're looking for by authors like alex jones ron paul and geoburn griffin they even stock
[32:23.080 --> 32:29.320]  hinterfood murky products and calvin soaps there's no way a place like that exists go check it out
[32:29.320 --> 32:36.280]  for yourself it's downtown at 1904 guadalupe street just south of ut by ut there's never
[32:36.280 --> 32:41.720]  anywhere to park down there actually they now offer a free hour of parking for paying customers at the
[32:41.720 --> 32:49.480]  500 mlk parking facility just behind the bookstore it does exist but when are they open monday
[32:49.480 --> 32:57.640]  through saturday 11 a.m to 9 p.m and 1 to 6 p.m on sundays so give them a call at 512-480-2503
[32:57.640 --> 33:07.400]  or check out their events page at bravenewbookstore.com you're listening to the logos radio network
[33:08.360 --> 33:11.000]  at logosradionetwork.com
[33:15.880 --> 33:25.320]  yeah i got the warrant and i'm gonna solve them to the government then prosecute them
[33:25.320 --> 33:29.480]  okay
[33:45.480 --> 33:52.760]  okay we are back randy kelton rule the radio our four hour info marathon
[33:52.760 --> 33:59.320]  and when we went out we were talking about what you can do if you have received a
[34:01.160 --> 34:07.320]  notice of intent to foreclose and first thing you want to do send out a debt validation letter
[34:07.320 --> 34:16.440]  that will generally stop the sale and if you get the sale stopped you want a federal lawsuit in
[34:16.440 --> 34:25.560]  before they can set another sale date and that will generally stop them at least for the duration
[34:25.560 --> 34:31.960]  of the suit and we'll talk about what you do too later next thing you need to do is go to the
[34:31.960 --> 34:45.160]  registrar of deeds and pull every document that has been filed in the county records for this property
[34:47.000 --> 34:51.480]  from the date on which you were granted a warranty deed to the property
[34:53.160 --> 34:56.920]  you'll look for a deed of trust or a mortgage depending on the state you're in
[34:56.920 --> 35:05.800]  you'll look for an assignment substitute trustee an appointment of note and deed of trust or
[35:05.800 --> 35:12.920]  appointment of deed i'm sorry deed of trust or mortgage or just an assignment of the deed of
[35:12.920 --> 35:18.040]  trust mortgage sometimes it'll say both sometimes it'll say one or the other these are the primary
[35:18.040 --> 35:25.560]  documents you're looking for and you may see a notice of default or notice of appointment of
[35:25.560 --> 35:35.400]  sub I mean notice of tent foreclose then look at the authentication the notary
[35:36.840 --> 35:41.560]  documents filed in the county record are not self-authenticating
[35:43.880 --> 35:49.160]  since these documents are filed by someone who just comes down to the court and hands it to the
[35:49.160 --> 35:57.800]  court or they send it by mail someone has to sign the document for it to be valid and what an
[35:57.800 --> 36:10.200]  authentication is is the person must go before someone who is authorized to do this authorized
[36:10.200 --> 36:20.600]  to verify that the person who is claiming to sign the document is in fact the person they
[36:20.600 --> 36:28.680]  claim to be and essentially that's all the authentication is the notary will authenticate
[36:28.680 --> 36:35.720]  that this person came before me and either I knew him personally or he identified himself by this
[36:35.720 --> 36:41.800]  method and I made the determination that this person is who he says he is well
[36:43.560 --> 36:50.040]  this is one of the biggest areas of fraud and the whole foreclosure issue
[36:51.400 --> 37:01.320]  and is absolutely the dumbest place it it's arrogance but it's beyond arrogance it's
[37:01.320 --> 37:13.080]  hubris to file a document with a fraudulent authentication is a felony and these guys are
[37:13.080 --> 37:21.240]  filing hundreds and hundreds of them if you will get to robo signers in a minute if you
[37:21.240 --> 37:29.960]  remember back to the 60 minutes program on robo signers a guy actually got on national television
[37:29.960 --> 37:42.920]  and bragged that he could sign Linda green's name 380 something times a minute I'm sorry an hour
[37:45.000 --> 37:53.560]  one hour was enough felonies to put him in a federal penitentiary for several lifetimes
[37:53.560 --> 38:01.880]  this guy was no rocket scientist but he could write fast and the notaries
[38:04.040 --> 38:12.680]  it's a relatively minor thing and it's it's standard business procedure but these guys are
[38:12.680 --> 38:21.240]  cranking out foreclosure so fast that having to wait for a notary or having to have a notary
[38:21.240 --> 38:27.400]  set across the table from you while you're signing these documents and and take the time to fill out
[38:27.400 --> 38:33.000]  their ledger and have you signed the ledger well that that's inconvenient and it's not efficient
[38:34.600 --> 38:41.080]  so these foreclosure mills would hire somebody in an entry level position who didn't know squat
[38:42.760 --> 38:49.240]  and then come to him say hey we need a notary if you want to be a notary why we'll pay for
[38:49.240 --> 38:57.240]  the application fee and for your bond and we'll buy you all of the materials that you need your
[38:57.240 --> 39:03.560]  stamp and your ledger it will make you notary and they say wonderful I'll be a notary so they get
[39:03.560 --> 39:08.840]  their notary and then the company comes to him with a big stack of documents and says here you go
[39:09.640 --> 39:15.000]  we need you to sign all these documents and generally this is a law firm so if the law
[39:15.000 --> 39:21.640]  retails them to do it they have no reason to believe that it's not legal well actually they do
[39:23.320 --> 39:28.600]  the law notary says it makes you very clear that it's illegal but if a lawyer tells them it's okay
[39:28.600 --> 39:33.400]  to do it then they're acting on good faith without some competent authority at least they feel like
[39:33.400 --> 39:40.040]  they are and they sign these stack of documents so that when the foreclosing agent needs a notarized
[39:40.040 --> 39:49.880]  document he just pulls one off the shelf fills it out if what the notary is required to do in Texas
[39:49.880 --> 39:55.800]  and in a number of other states not all states they're required to keep a sequential ledger
[39:57.400 --> 40:05.560]  and anybody here who's ever taken a document and had it notarized you will recognize the
[40:05.560 --> 40:11.320]  procedure you you sign your document in front of the notary after you've identified yourself to the
[40:11.320 --> 40:17.400]  notary but then the notary turned fill out some stuff on this ledger and turn it around have
[40:17.400 --> 40:24.120]  you sign it and now they have a fingerprint pad where they have you put your fingerprint on it
[40:24.120 --> 40:33.960]  or thumbprint on it and that's so that if there is a question about the authentication then notary
[40:33.960 --> 40:43.720]  can prove up the authentication well the first thing you need to do is pull every notary name
[40:43.720 --> 40:53.080]  off of every document that's been filed and send them a letter requesting a copy of their sequential
[40:53.080 --> 41:00.040]  ledger from the day before to the day after any authentication that appears in the record
[41:00.040 --> 41:11.320]  and we suggest that you do not send it yourself that you have someone you know send it and be sure
[41:11.320 --> 41:22.200]  to send it certified mail anything that you cannot conclusively prove that you sent and was
[41:22.200 --> 41:34.200]  received will go in the trash now that may not be right but that works so always send it certified
[41:34.200 --> 41:46.600]  mail return receipt you may get a response we do on occasion but we have never a said response I
[41:46.600 --> 41:55.320]  should have said you may get an answer because we have received answers we have not received
[41:55.320 --> 42:04.920]  an answer that was responsive if you ever watch the lawyer shows a lawyer asks a witness a question
[42:05.720 --> 42:10.680]  the witness asks answers a question the lawyer didn't ask and the lawyer object
[42:10.680 --> 42:19.880]  witnesses non responsive if they send you an answer and it is not the sequential ledger
[42:19.880 --> 42:26.840]  or if the sequential ledger is incomplete the answer is non responsive and so far we have
[42:26.840 --> 42:35.800]  yet to receive a single responsive answer if you don't receive a responsive answer
[42:35.800 --> 42:43.320]  you now have reason to believe that the authentication is invalid
[42:44.520 --> 42:52.040]  now there is one particular notary that most people will have a question about and that's
[42:52.040 --> 43:00.920]  the one on the deed of trust or the mortgage when you signed that at closing there was
[43:00.920 --> 43:08.280]  an order you sit across the table from you as a rule not always there's required to be
[43:09.560 --> 43:15.000]  but that doesn't always happen we hear sometimes of the lender coming to your house and sitting down
[43:15.000 --> 43:21.080]  at the table and you fill out all the documents well that's not quite legal because that deed of
[43:21.080 --> 43:30.040]  trust or mortgage must be authenticated because that document is intended to be filed with the
[43:30.040 --> 43:37.240]  county registrar and documents filed with the county registrar are not self-authenticating
[43:37.240 --> 43:42.280]  they must be authenticated by a notary we will pick this up on the other side this is randy
[43:42.280 --> 43:49.080]  kelton debba steven said craig move our radio i call in numbers five one two six four six
[43:49.080 --> 44:00.920]  1984 re i see you there i will we will pick you up on the other side we'll be right back
[44:02.120 --> 44:08.360]  mr president members of congress you've been making a lot of noise about taking our guns away
[44:09.080 --> 44:17.560]  but you might want to review history 1835 gonzalez texas territory the authorities wanted to confiscate
[44:17.560 --> 44:24.760]  the big gun that protected that colony you know what the people said come and take it because they
[44:24.760 --> 44:33.960]  were willing to fight for their freedom and their guns so are we come and take it if you want it
[44:33.960 --> 44:41.560]  come and take it if you think you can come and take it but i want you you'll have to buy it from
[44:41.560 --> 44:50.680]  my golden hands we want the freedom that god gave us so you best not cross that line if you want
[44:50.680 --> 44:59.560]  this gun you gotta come through us and take it one shot at a time just like gonzalez we're keeping
[44:59.560 --> 45:06.680]  her guns are you the plaintiff or defendant in a lawsuit win your case without an attorney with
[45:06.680 --> 45:14.440]  jurisdictionary the affordable easy to understand for cd course that will show you how in 24 hours
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[45:27.320 --> 45:34.360]  can too jurisdictionary was created by a licensed attorney with 22 years of case winning experience
[45:34.360 --> 45:40.520]  even if you're not in a lawsuit you can learn what everyone should understand about the principles
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[45:54.760 --> 46:12.200]  dot com and click on the banner or call toll free 866 law easy
[46:25.240 --> 46:34.360]  always i must be careful what i'm wishing for when i'm hungry i like to know just what i'm
[46:34.360 --> 46:43.000]  wishing for i ain't asking for much i ain't trying to be your blood okay we are back this is randy
[46:43.000 --> 46:51.080]  helton rule of law radio on our four hour info marathon and we uh have a guest who's trying to
[46:51.080 --> 46:58.680]  get on down from connecticut if you're listening uh we don't have your skype so give us a call on the
[46:59.640 --> 47:06.280]  call in page and we'll bring you up okay before i go back to the foreclosure
[47:07.800 --> 47:17.240]  issue we have a call marie in texas marie what do you have for us tonight uh can you hear me okay
[47:17.240 --> 47:24.440]  okay yes i can okay great thank you for taking my call uh we just wondering i got a ticket recently
[47:24.440 --> 47:32.120]  uh a destrian uh in roadway tickets and i was trying to wait a minute hold on hold on we are
[47:32.120 --> 47:42.040]  getting some serious 60 cycle hung are you on a headset no are you on a speakerphone no
[47:42.040 --> 47:52.840]  no then you might turn your sound your your your speakers down a little bit you may you may be getting
[47:52.840 --> 47:57.720]  feedback from the speakers back into the microphone how's that does that sound better
[47:59.240 --> 48:05.880]  no when you're speaking there's there must be a issue with your mic go ahead we can we can hear you
[48:05.880 --> 48:15.160]  uh thank you uh i i got a ticket for uh pedestrian roadway is there anything that i can do to not
[48:15.160 --> 48:24.120]  pay a fine on that wait a minute a little bit that did you say road rage a roadway
[48:27.800 --> 48:34.120]  okay uh say that again i i didn't get all of them i got a ticket recently for pedestrian
[48:34.120 --> 48:48.280]  in the roadway wa y oh jaywalking i was uh i was uh crossing the street not at the
[48:49.160 --> 49:02.440]  proper crosswalk section okay uh is this austin yes okay this is probably better for monday nights
[49:02.440 --> 49:11.160]  because i'm not particularly acquainted with the austin statutes but generally
[49:11.880 --> 49:21.240]  jaywalking is a municipal ordinance and it has to be one they can't just say you know they can't
[49:21.240 --> 49:33.320]  just charge you without unless there's a specific statute does your ticket name the statute well
[49:33.320 --> 49:39.000]  they did give me a ticket and uh they said they had a zero policy now because of some uh
[49:41.080 --> 49:46.280]  recent deaths or something which they haven't heard about but okay i'm waiting i'm sorry
[49:46.280 --> 49:51.160]  all right can you try calling back i'm not able to understand you that home is getting louder
[49:51.720 --> 50:02.680]  uh so thank you okay when we went out we were talking about
[50:05.400 --> 50:11.640]  sending letters to notaries and the one we were specifically talking about was the
[50:11.640 --> 50:19.960]  notary on the mortgage relief trust now that notary was sitting right across the table from you
[50:19.960 --> 50:26.120]  when you signed the note at least it should have been if if there was no notary at the time
[50:27.160 --> 50:32.920]  that's something we'll talk about on another show we won't have time to get to that today but
[50:32.920 --> 50:43.880]  but that would go to declaratory judgment because the property code is very clear that a claim
[50:44.680 --> 50:54.520]  big a document affecting a claim against real property in order to be properly filed in the
[50:54.520 --> 51:05.800]  registrar's office must be authenticated or proven and if it if the there was no notary
[51:05.800 --> 51:14.280]  then the document is not authenticated but if there was a notary was that a notary
[51:15.720 --> 51:19.960]  you don't really know they they look like notaries and they act like notaries
[51:19.960 --> 51:25.800]  but what we have found in sending these letters out is they're not necessarily notaries
[51:27.320 --> 51:32.520]  or even if they were notaries often they're not notaries any longer
[51:34.280 --> 51:42.200]  and when a notary ceases to be a notary the notary is required to send their sequential ledger
[51:43.080 --> 51:46.280]  to the clerk of the court to the county clerk
[51:46.280 --> 51:56.040]  we've never found a county clerk who had one so and then what we have found quite often
[51:56.040 --> 52:03.320]  more often than I would have expected is that we send a request to the notary on the deed of trust
[52:04.680 --> 52:09.240]  and we get a letter back saying the letter is undeliverable so we contact secretary
[52:09.240 --> 52:18.920]  state who oversees notaries and who issues the notary authority and ask the secretary state for
[52:18.920 --> 52:24.600]  an address on the notary and the secretary state says we don't know who this person is
[52:27.640 --> 52:36.520]  now we're not exactly sure what is going on there it may be that once a notary has
[52:36.520 --> 52:45.560]  uh the commission has expired and it hasn't been renewed the secretary state may not maintain
[52:45.560 --> 52:53.880]  information on them we don't know if that's the case or not or or if the secretary state never
[52:53.880 --> 52:59.560]  had any information on the person we don't know what the deal is but what we do know is is the
[52:59.560 --> 53:05.720]  secretary of state says to us we don't know anything about this person they're not a notary
[53:05.720 --> 53:14.840]  we don't have any record of them and for us that works great we can handle that because that creates
[53:15.640 --> 53:25.720]  a adverse inference that whoever set across from us at that table posing as a notary
[53:25.720 --> 53:36.440]  was not in fact a notary now maybe there were but there is no evidence to indicate that so we
[53:36.440 --> 53:42.840]  can go back to the court and say we have reason to believe and we do believe that this document
[53:42.840 --> 53:51.080]  was never public property authenticated that the the acknowledgement on the document was fraudulent
[53:51.080 --> 53:58.040]  and asked that the document be stricken and what's of course likely to come back and say well
[53:59.160 --> 54:07.080]  did you sign it objection relevance it's irrelevant because the document must be
[54:07.640 --> 54:17.720]  authenticated or proven and it is not we don't know if that is exactly precisely the document
[54:17.720 --> 54:25.480]  that we signed they may have made up another one so we can never know what that one is unless the
[54:25.480 --> 54:33.320]  somebody brings us the original and they'll never do that but we raise the issue if we can get the
[54:33.320 --> 54:41.800]  deed of trust a judge to be void of no force in effect the bank has themselves a big problem
[54:41.800 --> 54:49.080]  but generally the one we can go after is not the deed of trust or mortgage
[54:50.200 --> 54:57.640]  in this particular regard there are other places to go after the validity of the mortgage or deed
[54:57.640 --> 55:07.000]  of trust and we'll talk about that on another show but if it if it that's not the one we generally
[55:07.000 --> 55:14.200]  go after the ones we're really looking for are the assignments of substitute trustee and
[55:16.440 --> 55:17.960]  assignment of deed of trust
[55:21.160 --> 55:28.440]  that one we don't know who signed that thing and this is the issue that goes to robosoners
[55:29.160 --> 55:34.040]  problem with going to the court and accusing someone of being a robosoner
[55:34.040 --> 55:39.320]  is you can go to the judge and say well a judge this guy's a robosoner his name
[55:39.320 --> 55:45.320]  splattered all over the internet and the judge is going to say so what does that have to do
[55:45.320 --> 55:52.440]  with this issue just because he's accused of being a robosoner doesn't mean he didn't have
[55:52.440 --> 55:57.720]  authority to sign this document what evidence do you have to show that he didn't have authority
[55:57.720 --> 56:01.400]  to sign this document you say well you're on this guy's a robosoner his name splattered all over
[56:01.400 --> 56:13.000]  their net so we send a letter to the company for whom this person acted as an agent and requested
[56:13.000 --> 56:21.080]  evidence of power of attorney for this person on these letters we have never received a responsive
[56:21.080 --> 56:29.240]  answer so now we can go to the court and say you know your honor we think discuss robosoners names
[56:29.240 --> 56:35.320]  splattered all over the internet so we send a letter to the company for whom he signed asking
[56:35.320 --> 56:41.640]  for power of attorney we didn't get any response that creates the adverse inference that the guy
[56:41.640 --> 56:51.640]  did not have power of attorney and we looked in the county record and expected to find evidence
[56:51.640 --> 57:01.800]  of power of attorney as is required of anyone who files this type of document that is specifically
[57:01.800 --> 57:11.000]  referenced by texas probate code for 89 the legislature stipulated that anyone who files
[57:11.000 --> 57:17.880]  this type of document it lists all the documents that are allowed to be filed with the county
[57:17.880 --> 57:29.000]  registrar they must have if they are signing as an agent for a another entity or person or
[57:29.000 --> 57:36.920]  entity they must have evidence of power of attorney filed in the record but we didn't find any such
[57:36.920 --> 57:50.280]  evidence so creates prima facie case for this document being insufficient for filing in the
[57:50.280 --> 57:56.840]  record and ask the court to rule that it's insufficient and is therefore void and no
[57:56.840 --> 58:03.080]  force and effect and that's all we want the judge to rule on and this is when we file a petition
[58:03.080 --> 58:09.720]  for declaratory judgment we don't ask for any damages we only ask the judge to make a declaration
[58:10.440 --> 58:19.480]  and the only declaration we want the judge to make is that this document as it exists by looking at
[58:19.480 --> 58:27.880]  the four corners is insufficient for filing we'll get to why a little bit later okay this is Randy
[58:27.880 --> 58:36.040]  Kelton Debra Stephens Eddie Craig with our radio i call it number 512 646 1984 we'll be right back
[58:36.040 --> 58:55.000]  on the other side would you like to make more definite progress in your walk with god bibles
[58:55.000 --> 59:01.240]  for america is offering a free study bible and a set of free christian books that can really help
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[59:36.760 --> 59:53.320]  at 888-551-0102 that's 888-551-0102 or visit us online at bfa.org live free speech radio
[59:53.320 --> 01:00:08.920]  logos radio network dot com you're listening to the liberty beat your daily source for liberty news
[01:00:08.920 --> 01:00:16.920]  and activist updates online at the liberty beat dot com john bush here with your liberty
[01:00:16.920 --> 01:00:23.960]  beat for february 22nd 2013 gold opened today at fifteen hundred and seventy one dollars silver at
[01:00:23.960 --> 01:00:28.840]  twenty eight dollars and seventy cents and bitcoin is trading at thirty one dollars and twenty four
[01:00:28.840 --> 01:00:34.120]  cents today's edition of the liberty beat is sponsored by voice and exit conference in austin
[01:00:34.120 --> 01:00:39.480]  taking place march ninth exploring social entrepreneurship and radical community tickets
[01:00:39.480 --> 01:00:45.400]  and information online at voice and exit dot com and now the news a u.s senator has said an
[01:00:45.400 --> 01:00:50.760]  estimated forty seven hundred people including some civilians have been killed in the contentious
[01:00:50.760 --> 01:00:55.960]  bombing raids of america's secretive drone war it was the first time a politician or any government
[01:00:55.960 --> 01:01:00.600]  representative had referred to a total number of fatalities in the drone strikes which have been
[01:01:00.600 --> 01:01:06.280]  condemned by rights groups as extradition judicial assassinations the toll from hundreds of drone
[01:01:06.280 --> 01:01:10.920]  launched missile strikes against suspected al-qaeda militants in pakistan yemen and elsewhere has
[01:01:10.920 --> 01:01:16.760]  remained a mystery as u.s officials refused to publicly discuss any details of the covert campaign
[01:01:17.880 --> 01:01:23.480]  in 2008 president brock obama made statements regarding a quote civilian national security
[01:01:23.480 --> 01:01:28.120]  force since that day many have been curious as to what president obama had in mind when he made
[01:01:28.120 --> 01:01:33.320]  that statement representative charles rang del may have just given a bit of insight into what he
[01:01:33.320 --> 01:01:39.800]  meant when he introduced hr 748 last week hr 748 would require all persons in the united states
[01:01:39.800 --> 01:01:44.920]  between the ages of 18 and 25 to perform national service these persons in the united states would
[01:01:44.920 --> 01:01:50.760]  either serve the country as a member of uniform services or as a civilian service the civilian
[01:01:50.760 --> 01:01:54.760]  service could be served with the federal state or local government program local government
[01:01:54.760 --> 01:02:00.040]  programs include community-based organizations in illinois state representative has introduced
[01:02:00.040 --> 01:02:05.320]  the internet posting removal act and was which was introduced february 13th by illinois general
[01:02:05.320 --> 01:02:10.600]  assembly veteran ira silverstein a democrat here's a summary of the bill the act provides that a
[01:02:10.600 --> 01:02:15.720]  website administrator shall upon request remove any posted comments posted by an anonymous poster
[01:02:15.720 --> 01:02:20.040]  unless the anonymous poster agrees to attach his or her name to the post and confirm that his or her
[01:02:20.040 --> 01:02:26.760]  ip address legal name and home address are accurate privacy advocates are protesting the measure
[01:02:27.320 --> 01:02:31.640]  members of a task force proposing regulations for recreational marijuana in colorado approved
[01:02:31.640 --> 01:02:37.720]  recommendations tuesday that would allow for marijuana tourism but block out of state pot shop
[01:02:37.720 --> 01:02:45.320]  owners today's a vision of the liberty beat is sponsored by central texas gunworks chl forces
[01:02:45.320 --> 01:02:51.080]  and firearm sales online at central texas gunworks dot com and by brave new books free
[01:02:51.080 --> 01:03:07.000]  thanking materials for free people since 2006 online at brave new bookstore dot com
[01:03:21.080 --> 01:03:35.000]  that
[01:03:35.000 --> 01:03:39.000]  i won't pay for the fun with my body
[01:03:39.000 --> 01:03:47.320]  wicked in the logic shoddy ain't gonna pay for the oil with my body i won't pay for the boys with
[01:03:47.320 --> 01:03:54.920]  my money ain't gonna pay for the kids with my body hold the gender styles funny
[01:03:54.920 --> 01:04:08.520]  hey i want to fight in a water of my own and one would be less active and
[01:04:09.640 --> 01:04:19.960]  i want to pay for war of my own they live in glass houses so i can watch them
[01:04:19.960 --> 01:04:29.720]  from home i want to fight in a war i can win i can never win the one that they have me and
[01:04:29.720 --> 01:04:39.160]  that's when i lose one before it begins i want to pay for a war i can win when i'm fighting in my
[01:04:39.160 --> 01:04:53.800]  own war it's such a peaceful feeling when i'm paying for my own war
[01:04:53.800 --> 01:05:11.240]  i take time for the healing yeah it's all according to the will of the almighty
[01:05:11.240 --> 01:05:29.880]  okay we are back sorry for that delay a little technical glitch on the break
[01:05:30.920 --> 01:05:38.920]  we are back and we are back with our very special guest mr. damn real from connecticut
[01:05:38.920 --> 01:05:48.920]  greetings it's good to be here dad okay i i've done told everybody that you're gonna give them
[01:05:48.920 --> 01:05:55.960]  all the answers to all of their questions about foreclosure issues yes except for the
[01:05:55.960 --> 01:06:03.320]  meaning of life because i can't do that one okay okay talk to us about foreclosures in
[01:06:03.320 --> 01:06:10.200]  connecticut uh connecticut is a judicial state um which is obviously very distinct because in a
[01:06:10.200 --> 01:06:15.960]  judicial state they actually need to go to court they need to file suit and they basically need
[01:06:15.960 --> 01:06:21.800]  to get a judgment in order to take the property um judgments in foreclosure in connecticut come in
[01:06:21.800 --> 01:06:27.800]  one of two flavors their first flavor is strict foreclosure that's basically when
[01:06:27.800 --> 01:06:35.240]  the debt alleged by the per the party foreclosing actually exceeds the equity you have in the property
[01:06:35.880 --> 01:06:42.760]  the second flavor is foreclosure by sale usually what'll happen in connecticut is every possible
[01:06:42.760 --> 01:06:47.640]  chance the trial court gets they will err on the side of having a foreclosure by sale
[01:06:47.640 --> 01:06:57.000]  does that make sense well it makes sense just i'm not sure why well
[01:06:59.240 --> 01:07:05.400]  basically that's just kind of an intro to um the relief that um a foreclosing bank would be
[01:07:05.400 --> 01:07:10.440]  seeking the bottom line as far as what i've seen and most people in foreclosure they're
[01:07:10.440 --> 01:07:15.720]  going to be dealing with what i would call fraud closure mills uh in connecticut the big ones
[01:07:15.720 --> 01:07:24.280]  are hunt libert jacobson and um there's another one uh who's uh named that escapes me it's uh
[01:07:24.280 --> 01:07:31.080]  oh bendett and mckew um those are generally the big ones here um down in florida i understand
[01:07:31.080 --> 01:07:37.240]  it used to be the uh law offices of uh david j stern but believe it or not they were actually
[01:07:37.240 --> 01:07:43.160]  shut down over a lot of the robo signing issues and in one case but believe it or not the trial
[01:07:43.160 --> 01:07:50.280]  court fined them ninety five thousand dollars because they'd filed fraudulent documents um
[01:07:51.240 --> 01:07:55.240]  in connecticut and i know we were talking about this earlier but the thing i should
[01:07:55.240 --> 01:08:00.680]  mention about connecticut and this is something we we do agree on is generally what will happen
[01:08:00.680 --> 01:08:07.080]  procedurally is the same in most states and the first thing i think i really should talk about
[01:08:07.080 --> 01:08:13.080]  is the order of pleadings now generally when you're in when you're in distress you know it
[01:08:13.080 --> 01:08:19.400]  is a homeowner and and one thing i definitely should say to everybody is make absolutely sure
[01:08:20.120 --> 01:08:26.760]  that i mean you know obviously talk to an attorney you have to say it um before you get in trouble
[01:08:26.760 --> 01:08:32.040]  or talk to somebody before you get in trouble and make sure you start collecting all those
[01:08:32.040 --> 01:08:37.800]  documents like the letters you've received um any letters you may have sent any emails like you
[01:08:37.800 --> 01:08:42.360]  know keep phone records keep all that down because you're going to need it later but generally
[01:08:43.160 --> 01:08:48.280]  what a fraud closure mill will do is first they will send you a letter saying um dear
[01:08:48.280 --> 01:08:55.640]  mr and mrs smith um your note is in default uh basically you have 30 days to contact us
[01:08:56.280 --> 01:09:00.760]  and if you dispute any um you know amount of this debt or any portion thereof will obtain
[01:09:00.760 --> 01:09:05.400]  validation of it the first thing you do is they will send you a letter uh generally
[01:09:05.400 --> 01:09:08.920]  that is unless they've made some of the other mistakes i think that we're going to be talking
[01:09:08.920 --> 01:09:16.520]  about tonight um after that you can generally expect a you know some kind of a visit from
[01:09:16.520 --> 01:09:21.880]  a marshal this is at least in connecticut and basically what'll happen at that point is the
[01:09:21.880 --> 01:09:27.000]  marshal will show up with the writ the summons and the complaint the complaint is obviously the
[01:09:27.000 --> 01:09:32.200]  complaint to foreclose your home they're going to allege that you are so-and-so you executed a note
[01:09:32.200 --> 01:09:38.760]  on such and such a date you are in possession you know of of such and such a property um so on and
[01:09:38.760 --> 01:09:45.560]  so forth basically there's this thing called the return date and i want to explain because i mean
[01:09:45.560 --> 01:09:50.760]  it's a finer point that i think a lot of people need to know i mean because generally when people
[01:09:50.760 --> 01:09:55.240]  get into this and they generally call shows like this so they talk to anybody they don't know what
[01:09:55.240 --> 01:10:01.400]  any of this is so i think it's beneficial to discuss um how this whole process starts the return date
[01:10:02.120 --> 01:10:05.480]  at least in connecticut again it's going to be different everywhere but the return date is the
[01:10:05.480 --> 01:10:11.960]  date that like the clock starts on the pleadings in connecticut you have to have the complaint
[01:10:11.960 --> 01:10:17.480]  the you know the writ the summons and complaints served at least 12 days before the return date
[01:10:17.480 --> 01:10:23.720]  in connecticut the return date has to be a tuesday um this this is just the rule what why tuesday i
[01:10:23.720 --> 01:10:30.440]  don't know but that's what it is and basically five days in connecticut after you serve the complaint
[01:10:30.440 --> 01:10:36.440]  you have to file a form called an appearance which basically says i'm so-and-so i'm you know a defendant
[01:10:36.440 --> 01:10:42.440]  i you know have this interest here's my address and you have to send it to all parties of record
[01:10:42.440 --> 01:10:47.080]  but if you don't appear in five days believe it or not most people don't even file an appearance
[01:10:47.080 --> 01:10:54.760]  in their foreclosure case which usually means that the fraud closure mill is going to file
[01:10:54.760 --> 01:11:00.120]  what's called the motion for default for failure to appear so the first rule of thumb is always
[01:11:00.120 --> 01:11:05.640]  respond to everything like you were saying earlier always request validation but above all make sure
[01:11:05.640 --> 01:11:10.440]  you're on you know time with all the pleadings and everything but you have five days in connecticut
[01:11:10.440 --> 01:11:18.280]  to appear after that you have 30 days beyond the return date to file a responsive pleading now in
[01:11:18.280 --> 01:11:23.560]  connecticut and this is most likely the same everywhere else the pleadings will work in this
[01:11:23.560 --> 01:11:28.840]  order and by the way if you don't file the first pleading or or the second pleading that order
[01:11:28.840 --> 01:11:33.720]  you generally waive the right to file it with exception to motion dismiss the first pleading
[01:11:33.720 --> 01:11:39.080]  you can file is a motion to dismiss now when you file a motion to dismiss basically what you're
[01:11:39.080 --> 01:11:44.760]  doing is you're saying the court lacks subject matter jurisdiction now the difference between
[01:11:44.760 --> 01:11:51.640]  emotion to dismiss filed at the first instant and later on in connecticut is that in connecticut
[01:11:51.640 --> 01:11:57.560]  you have to file it right away if you want to say hey the process was insufficient you know hey I
[01:11:57.560 --> 01:12:03.080]  wasn't served in time like I got served on day 11 instead of day 12 before the return date or
[01:12:03.080 --> 01:12:07.960]  something of that nature but generally a motion to dismiss can be filed at any time but in
[01:12:07.960 --> 01:12:13.880]  connecticut the one exception of the rule is if you want to claim insufficiency of process or
[01:12:13.880 --> 01:12:20.680]  something of that nature you have to file that right away the second pleading that you can file
[01:12:20.680 --> 01:12:27.320]  is a request to revise the complaint generally request to revise the complaint is you're requesting
[01:12:27.320 --> 01:12:31.640]  that the other side revise your complaint because there's something scandalous in the complaint
[01:12:31.640 --> 01:12:35.160]  which is highly unlikely with a foreclosure matter but you never know it could happen
[01:12:35.160 --> 01:12:40.840]  or or that you know a statement doesn't make sense or it's or it's not clear it's not legally
[01:12:40.840 --> 01:12:46.280]  sufficient now the second the third pleading you can file is what's called a motion to strike
[01:12:46.920 --> 01:12:53.240]  a motion to strike is used for you know first of all when there's a non-joinder of interested
[01:12:53.240 --> 01:12:58.360]  parties I believe we're going to go into this but obviously there are other people who may have
[01:12:58.360 --> 01:13:02.760]  filed like a list attendance on the land records or you know there are other people who may have
[01:13:02.760 --> 01:13:06.760]  a claim on the property but if they haven't been joined you you should probably file a motion to
[01:13:06.760 --> 01:13:13.080]  strike another reason to file a motion to strike is that the complaint is legally insufficient
[01:13:13.080 --> 01:13:19.880]  it doesn't state facts that it proven would establish a cause of action or would entitle
[01:13:19.880 --> 01:13:25.240]  the parties seeking foreclosure to the relief that seeks now you can also use a motion first
[01:13:25.240 --> 01:13:32.200]  to strike to strike the request for relief claimed for example let's hypothetically say
[01:13:32.200 --> 01:13:38.040]  they're requesting a deficiency judgment but in the complaint they don't actually state facts that
[01:13:38.040 --> 01:13:44.120]  would support the award of an of a deficiency judgment the next pleading you can file is the
[01:13:44.120 --> 01:13:50.040]  answer which will include your special defenses and your counter claims and answer works very
[01:13:50.040 --> 01:13:56.680]  simply in Connecticut and and everywhere else you have three options and you have to go paragraph
[01:13:56.680 --> 01:14:01.960]  by paragraphs for example paragraph one of the complaint will say and this could be any case it
[01:14:01.960 --> 01:14:07.560]  would say the plaintiff's name is John Smith you heard the defendant's name is John Smith or whatever
[01:14:07.560 --> 01:14:14.600]  if it's not true you say denied that's all you do if you want to admit to it you say admit it
[01:14:15.720 --> 01:14:20.280]  you could also avert that you don't have enough knowledge to form a good faith belief which a lot
[01:14:20.280 --> 01:14:27.480]  of people don't do typically what'll happen with a foreclosure complaint is you know the
[01:14:27.480 --> 01:14:32.200]  foreclosure complaint will say I executed a note on this day and you know of course the person
[01:14:32.200 --> 01:14:36.360]  I'm like of course I'm going to admit that of course then again with a lot of these notes today
[01:14:36.360 --> 01:14:41.880]  you know do you really know do you really know that it's like you know a bonafide contract or
[01:14:41.880 --> 01:14:47.400]  so on and so forth but basically you have to go through in your answer and by the way the first
[01:14:47.400 --> 01:14:52.280]  you don't have to file an answer right away you can go through all those pleadings but generally
[01:14:52.280 --> 01:14:58.040]  if you don't avail yourself of the opportunity to file those earlier pleadings in that order
[01:14:58.040 --> 01:15:02.360]  you generally waive your right and you have to be very careful about this
[01:15:04.200 --> 01:15:08.280]  because emotion is strike I mean the first thing obviously you should do is collect all your
[01:15:08.280 --> 01:15:14.200]  documents and that but the second thing you should do is go down to the land records make sure that
[01:15:14.200 --> 01:15:18.760]  you know there's no other party interest because if there is another party that has alleged an
[01:15:18.760 --> 01:15:23.160]  interest in the property and they weren't joined to the action well obviously you have
[01:15:23.160 --> 01:15:28.440]  non-joined your essential parties so you should file emotion is strike that's just one example of
[01:15:28.440 --> 01:15:33.560]  why you should really be going through all these steps and I mean I hate to say this obviously
[01:15:33.560 --> 01:15:38.200]  you shouldn't say it but going through all these steps as a matter of course will buy you time
[01:15:38.920 --> 01:15:45.000]  in generally in Connecticut you can ask for you know a request for an extension of time to file
[01:15:45.000 --> 01:15:51.800]  responsive pleading and generally if you ask a lot of lawyers what they will say is this is
[01:15:51.800 --> 01:15:57.240]  routine practice they they do it all the time I've seen it as defendant I've seen it on the plane of
[01:15:57.240 --> 01:16:05.400]  side two so don't don't feel afraid to ask more time to file responsive pleading but when you do
[01:16:06.040 --> 01:16:11.080]  you should generally you know look for the rule and the rules of practice like in Connecticut
[01:16:11.080 --> 01:16:16.760]  with a Connecticut practice book I think the new one for 2013 if it's not already out it's coming
[01:16:16.760 --> 01:16:21.800]  out soon but what I would say to everybody is go download the latest rules of practice because
[01:16:21.800 --> 01:16:27.240]  they will tell you the order of the pleadings and the reason you will find file these pleadings
[01:16:27.240 --> 01:16:32.200]  but in any case I was mentioning this because a lot of people make the mistake of filing an answer
[01:16:32.200 --> 01:16:39.160]  right away they will say yes I own this I am a possession this property yes I executed this note
[01:16:39.160 --> 01:16:44.360]  yes this is the bank and basically the next thing the bank will do if you get to that stage
[01:16:44.920 --> 01:16:49.320]  is they will move for summary judgment on the complaint now when you move for summary judgment
[01:16:49.960 --> 01:16:55.640]  you have to prove as a moving party that there are no material facts in dispute now what is the
[01:16:55.640 --> 01:17:04.440]  material fact material fact is the fact that will actually all the talk about gun grabbing got you
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[01:19:03.720 --> 01:19:07.880]  the logos the logo radio net radio net
[01:19:07.880 --> 01:19:14.880]  the
[01:19:15.640 --> 01:19:19.880]  ain't gonna fly me
[01:19:21.160 --> 01:19:27.880]  don't bore me
[01:19:27.880 --> 01:19:31.880]  well
[01:19:31.880 --> 01:19:38.120]  they're gonna fool me without shame okay we are back when we went out
[01:19:38.120 --> 01:19:45.960]  we i miss the i was so riveted with uh dance dialogue that i missed the bumper music i get
[01:19:45.960 --> 01:19:54.600]  bumper music before you guys do i can hear it but sat in here i goofed my bad we were talking about
[01:19:54.600 --> 01:20:05.400]  a an issue that says it's really subtle and most people have a problem really wrapping
[01:20:05.400 --> 01:20:12.520]  their head around it and that's the legal maxim that goes to never stipulate to anything
[01:20:14.200 --> 01:20:20.840]  and when you respond to the pleading by saying yeah there's a note yeah they say they're in this
[01:20:20.840 --> 01:20:28.200]  note and you say yeah i entered this note well you don't have to stipulate to anything
[01:20:29.960 --> 01:20:38.760]  assert that you entered into a note do not admit anything make them prove it okay go ahead
[01:20:38.760 --> 01:20:44.600]  down that was essentially where we were at yeah um and the thing you have to bear in mind about it
[01:20:44.600 --> 01:20:51.400]  is again just to recap what i was saying there are three ways to answer the numbered paragraphs
[01:20:51.400 --> 01:20:56.600]  in a complaint you have to do this by numbered paragraph you know you can say admitted you
[01:20:56.600 --> 01:21:02.120]  can say denied or you can say you know the defendant doesn't have enough information to form you
[01:21:02.120 --> 01:21:06.520]  know good faith faith belief i mean there are other ways of saying that particular statement
[01:21:06.520 --> 01:21:10.680]  but the bottom line is you're referring that you don't have enough information to say whether
[01:21:10.680 --> 01:21:17.080]  it's true or untrue now when you go to your answer answer also includes special defense
[01:21:17.080 --> 01:21:25.320]  indoor counterclaim a special defense is a defense that's not the paragraph part of your answer
[01:21:25.320 --> 01:21:31.480]  but it is nonetheless relevant and specific enough to the complaint to basically say look
[01:21:31.480 --> 01:21:36.920]  i have a special defense to this foreclosure action now what are the typical traditional
[01:21:36.920 --> 01:21:42.360]  ones obviously the first one is payment i mean payment would be a special defense look yes i
[01:21:42.360 --> 01:21:47.720]  had this note but i paid it or somebody else paid it maybe you know an insurance data because
[01:21:47.720 --> 01:21:53.080]  believe it or not i think a lot of people listening this know this already but generally when a lot
[01:21:53.080 --> 01:21:58.600]  of these mortgages are created they were not only designed to fail but they were insured against that
[01:21:58.600 --> 01:22:04.440]  failure it's analogous to the banks walking into an old folks home and pointing to everybody in
[01:22:04.440 --> 01:22:12.040]  there and saying oh this is a 45 year old male he's never smoked a day in his life and he runs
[01:22:12.040 --> 01:22:17.160]  around the track at dawn little does the insurance company know that it's a 95 year old woman and
[01:22:17.160 --> 01:22:23.800]  she cracked her hip five times she has cancer and she just got pneumonia i mean it really is that
[01:22:23.800 --> 01:22:28.520]  egregious and that's something you can kind of walk into when you start filing your discovery
[01:22:28.520 --> 01:22:35.000]  requests but any event a special defense is something you can plead that says look you know i
[01:22:35.000 --> 01:22:39.400]  have i have a defense that isn't consistent with the allegations made but nonetheless it is a valid
[01:22:39.400 --> 01:22:48.200]  defense now another defense of course is you know unclean hands in Connecticut giving Connecticut
[01:22:48.200 --> 01:22:54.440]  and and i believe this is the case in most other judicial states but foreclosure actions in
[01:22:54.440 --> 01:23:00.040]  Connecticut are generally held as equitable actions and the clean hands doctrine dictates
[01:23:00.040 --> 01:23:04.680]  that if you're going to come to the court and you're going to say i want equitable relief
[01:23:04.680 --> 01:23:09.560]  you have to show the court that your conduct has been fair it has been forthright and has
[01:23:09.560 --> 01:23:15.480]  been honest and has been you know just straight up like you know you gave the other side notice
[01:23:15.480 --> 01:23:20.200]  you know you didn't try to trick the other side now give you a common example of that
[01:23:20.200 --> 01:23:24.200]  basically a lot of these banks you know people will get a letter from one of the fraud closure
[01:23:24.200 --> 01:23:28.920]  mills they will immediately put their brown pants on because they don't want anybody else to see
[01:23:28.920 --> 01:23:34.440]  what they're doing underneath and they will say oh well what am i going to do and of course they're
[01:23:34.440 --> 01:23:38.920]  going to call the law firm and the law firm is going to be like why don't you sign this you know
[01:23:38.920 --> 01:23:44.040]  modification agreement why don't you submit paperwork to get a mod and when people do that
[01:23:44.040 --> 01:23:50.040]  there are two things that happen generally the first is the proposed modification agreement
[01:23:50.040 --> 01:23:55.320]  you agree to not sue the ever-living bejesus out of the bank for the fraud they committed and
[01:23:55.320 --> 01:24:00.120]  everything they did wrong or for quiet title or for anything the second thing that happens
[01:24:00.120 --> 01:24:05.880]  is it creates this belief in the homeowner that well i'm applying for a mod i don't have to do
[01:24:05.880 --> 01:24:10.600]  anything whatsoever i don't have to file an appearance i don't have to file you know a
[01:24:10.600 --> 01:24:16.280]  responsive pleading well guess what that's always wrong because what they do in in in
[01:24:16.280 --> 01:24:22.760]  Connecticut this practice actually has a name uh among attorneys that specialize in foreclosure
[01:24:22.760 --> 01:24:28.280]  defense is called dual tracking basically you know the homeowner will be in a mod and the law firm
[01:24:28.280 --> 01:24:34.360]  will continue filing the pleadings and all that other stuff on the other end of the case so one
[01:24:34.360 --> 01:24:39.560]  special defense that you know a lot of people can raise they should really explore is you know the
[01:24:39.560 --> 01:24:42.760]  clean hands doctrine again it's probably going to be called something different according to your
[01:24:42.760 --> 01:24:48.680]  own case law but that is one special defense another special defense that's actually been
[01:24:48.680 --> 01:24:54.680]  adopted by trial courts in Connecticut um is is the Connecticut unfair trade practices act
[01:24:55.720 --> 01:25:01.720]  and believe it or not it's it's a it's a mirror of the federal statute i believe it's it's i believe
[01:25:01.720 --> 01:25:08.200]  the name of it is called the federal unfair trade practices act but basically if a business engages
[01:25:08.200 --> 01:25:15.560]  in conduct that is immoral uh unscrupulous or is designed to injure other you know competition
[01:25:15.560 --> 01:25:22.200]  or consumers it's generally considered a violation of cut put in Connecticut now there's a lot of
[01:25:22.200 --> 01:25:28.280]  case law on this but if you want to understand what a violation of cut put is look up what the
[01:25:28.280 --> 01:25:33.960]  u.s supreme court has called uh they called it the cigarette rule obviously um cigarettes are very
[01:25:33.960 --> 01:25:38.920]  harmful and you know it's it's led to a lot of silence but believe it or not it's modeled by
[01:25:38.920 --> 01:25:45.880]  the different marketing and selling tactics of tobacco of all things now this has actually
[01:25:45.880 --> 01:25:52.280]  been recognized as a defense to foreclosure um so those are just two examples of special
[01:25:52.280 --> 01:25:57.000]  defenses but when you file your answer you also have to file your special defenses counter claims
[01:25:57.000 --> 01:26:03.560]  put very simply a counter claim is a claim that you would have against the party bringing suit
[01:26:04.200 --> 01:26:10.440]  for example let's hypothetically say you know and and of course this might go to a special
[01:26:10.440 --> 01:26:15.480]  defense as well but let's hypothetically say you got that letter from that bank and you sent them
[01:26:15.480 --> 01:26:20.600]  a debt validation uh request and instead of validating the debt or doing anything with it
[01:26:20.600 --> 01:26:26.920]  they filed suit um i i hate to stop here but um do we have like a minute or two for the bumper
[01:26:26.920 --> 01:26:33.400]  music comes back on yeah we've got three minutes we got three minutes excellent um but essentially
[01:26:34.040 --> 01:26:39.720]  um an example of a counter claim would be like let's just say they violated fdcpa in this entire
[01:26:39.720 --> 01:26:47.080]  process you would make that a counter claim or let's just hypothetically say you know they violated
[01:26:47.080 --> 01:26:53.480]  respa hopper teela just you know for for yucks that would be a counter claim you could file
[01:26:54.520 --> 01:26:58.840]  so essentially your answer you know has to come with any special defenses you would
[01:26:58.840 --> 01:27:05.400]  allege in any counter claims you would make after you go through that pleading this is when
[01:27:05.400 --> 01:27:12.600]  the tables turn on the plaintiff the plaintiff can actually file a request to revise they can
[01:27:12.600 --> 01:27:17.000]  basically file a request to revise any of your special defenses counter claims or your answer
[01:27:17.880 --> 01:27:23.720]  after that they can file a motion for strike if they so choose generally they don't do either one
[01:27:23.720 --> 01:27:29.080]  of those two things but after the motion did it after the plaintiff can file its motion strike
[01:27:29.640 --> 01:27:35.080]  then the plaintiff has to respond to the special defenses that you allege and they have to answer
[01:27:35.080 --> 01:27:41.400]  the counter claim and if they don't they can be defaulted for failing to plead in the time required
[01:27:41.400 --> 01:27:47.080]  now anybody at home listening to this can go to Connecticut practice book ten dash eight
[01:27:47.720 --> 01:27:54.040]  and ten dash six ten dash six actually lays this order right out in a very concise form it's easy
[01:27:54.040 --> 01:27:59.960]  to read don't be intimidated by the fact that the practice book has over 600 pages it's very easy
[01:27:59.960 --> 01:28:05.400]  to find Connecticut made this very simple look up and then if there's one thing I definitely should
[01:28:05.400 --> 01:28:12.760]  say it's not like the rules of procedure or the statutes are hidden away somewhere in a cave or
[01:28:12.760 --> 01:28:18.840]  something where you can't possibly look them up another thing I would say to people I mean law
[01:28:18.840 --> 01:28:25.800]  libraries are usually in most courts I mean I know the the judicial districts in Connecticut
[01:28:25.800 --> 01:28:31.400]  actually have a law library in each one of them you can pull up pleadings from any case if you go
[01:28:31.400 --> 01:28:37.720]  to the law library and you can actually look up you know different decisions they have a lot of
[01:28:39.000 --> 01:28:45.320]  secondary legal sources and I do want to talk about secondary legal sources rules of practice
[01:28:45.320 --> 01:28:49.160]  statutes and case law when we do come back on the other side because it's very important to
[01:28:49.160 --> 01:28:54.600]  understand because a lot of people you know they'll just go into court and you know they'll
[01:28:54.600 --> 01:29:00.280]  basically say this ain't right and the judge is going to be sitting there going and you know give
[01:29:00.280 --> 01:29:07.320]  me some authority or give me some set of facts that fit that specific authority saying give me
[01:29:07.320 --> 01:29:15.480]  the relief you're asking for yeah this this goes to never make a proactive statement of law out of
[01:29:15.480 --> 01:29:23.800]  your own mouth you must make proactive statements of law out of the mouth of the legislature or the
[01:29:23.800 --> 01:29:31.640]  courts and you have to set that you have to establish facts on the record which I think
[01:29:31.640 --> 01:29:37.160]  before we even go into that I should probably talk about establishing facts of the record because
[01:29:37.160 --> 01:29:44.440]  this is so very important a lot of people don't okay on that on that note we will go to break we
[01:29:44.440 --> 01:29:51.400]  will be back on the other side talking about how to get facts on the record this is Randy
[01:29:51.400 --> 01:29:59.000]  Kaltenberg steves at a great rule of our radio or call it number 512 646 1984 we'll be right back
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[01:33:35.800 --> 01:33:54.200]  okay we are back this is randy kelton with our special guest dan real and when we went out we
[01:33:54.200 --> 01:34:02.520]  were talking about getting your facts straight yeah straight on the record go ahead dad yeah you
[01:34:02.520 --> 01:34:08.520]  basically you you have to I don't care what it is you're asking for I don't care if you're asking
[01:34:08.520 --> 01:34:14.200]  the case to be dismissed I don't care if you're asking for you know some kind of relief related
[01:34:14.200 --> 01:34:20.840]  to the case you know you just have to first you know before you even ask for anything before you
[01:34:20.840 --> 01:34:27.080]  even do anything I mean forget what you're trying to do you have to realize that in court you have
[01:34:27.080 --> 01:34:33.560]  to put your facts on the record now there are two ways this generally occurs one it's in the
[01:34:33.560 --> 01:34:39.400]  pleadings it's generally in a form of an exhibit for example if you say look I have this document
[01:34:39.400 --> 01:34:46.200]  here that conclusively says that the documents that the other side have don't mean anything I'm
[01:34:46.200 --> 01:34:53.880]  going to give you a real example of something I worked with there is a a company called well
[01:34:53.880 --> 01:34:59.640]  Spargo you might have heard of these fine folks who are awesome human beings they just want the best
[01:34:59.640 --> 01:35:07.480]  for mankind and they want to deal fairly with people okay a lot about that but there's another
[01:35:07.480 --> 01:35:13.960]  company called American Home Mortgage Servicing Incorporated now the funny thing is AMSI for
[01:35:13.960 --> 01:35:20.200]  short I mean it's just easier to say AMSI AMSI what they will do is they will file
[01:35:20.200 --> 01:35:24.920]  documents the signing mortgages they will create affidavits will do all this other work related
[01:35:24.920 --> 01:35:32.920]  to the foreclosure process and basically the documents are obviously not authentic there are
[01:35:32.920 --> 01:35:39.000]  a lot of problems of the people allegedly signing for them so the long story short is you know
[01:35:39.000 --> 01:35:44.120]  these these documents are no good and we have to prove that they're no good when they come into
[01:35:44.120 --> 01:35:48.520]  court on behalf of Wells Fargo what they're going to say is these documents are legitimate
[01:35:48.520 --> 01:35:58.120]  and believe it or not real life example in one case we put an 88 page civil complaint
[01:35:58.120 --> 01:36:06.760]  filed in the state of Texas where Wells Fargo sued AMSI and they basically said these documents are
[01:36:06.760 --> 01:36:12.680]  BS if they're signed by people that weren't authorized to sign them they weren't properly
[01:36:12.680 --> 01:36:18.920]  notarized and all this other fun stuff so basically one thing you always want to look for if you're
[01:36:18.920 --> 01:36:23.720]  looking for evidence to put on the record in the form of a pleading again attach it as an
[01:36:23.720 --> 01:36:29.480]  exhibit label as an exhibit like exhibit A I've got the civil complaint here that says the documents
[01:36:29.480 --> 01:36:33.240]  presented by the other side are not genuine they're not authentic or whatever the case may be
[01:36:35.400 --> 01:36:40.760]  but you always want to label your exhibits and your pleadings and you will want to refer to them
[01:36:40.760 --> 01:36:47.080]  a pleading will start out by setting forth the relevant facts of the pleading for example in
[01:36:47.080 --> 01:36:52.680]  a motion for summary judgment you will set forth the following facts like this complaint was filed
[01:36:52.680 --> 01:36:57.880]  on such and such a day you know and it's and it's for this relief and here's our proof that there
[01:36:57.880 --> 01:37:03.880]  are no material facts in this view fine the second part of a pleading will generally go into what is
[01:37:03.880 --> 01:37:08.840]  the legal standard of review that's where you're going to pick out your statutes that's when you're
[01:37:08.840 --> 01:37:12.920]  going to pick out your case law that's when you're going to pick out your rules of practice
[01:37:12.920 --> 01:37:17.400]  that's when you're going to pick out your secondary legal sources the first thing you always want to
[01:37:17.400 --> 01:37:24.120]  go to is if you can if there's a statute that applies to it find that statute and if the language
[01:37:24.120 --> 01:37:31.960]  is clear and it fits the facts great I always say look throw in some case law and support what case
[01:37:31.960 --> 01:37:39.160]  law does is case law basically answers questions or it deals with questions that have already been
[01:37:39.160 --> 01:37:46.040]  answered so for example in Connecticut I mean and this this goes to DUI cases there is a question
[01:37:46.040 --> 01:37:51.880]  of what operating a motor vehicle meant I mean forget the discussion on whether you're in commerce
[01:37:51.880 --> 01:37:57.960]  or whatever for a second just bear with me basically the appellate court in Connecticut on
[01:37:57.960 --> 01:38:02.760]  that question they said look you know there was this one case where the guy had the key in the
[01:38:02.760 --> 01:38:09.160]  ignition his headlights were on he fell asleep in a parking lot he wasn't moving anywhere the
[01:38:09.160 --> 01:38:13.800]  appellate court decided well clearly he's not operating the vehicle he's not putting it in
[01:38:13.800 --> 01:38:19.320]  motion the supreme court actually reversed it and said look he had the key in the ignition he could
[01:38:19.320 --> 01:38:24.520]  have operated it even though he was asleep we don't care so that's just kind of an example of
[01:38:24.520 --> 01:38:28.920]  different things although granted I disagree with this but that's just an example of a different
[01:38:28.920 --> 01:38:35.960]  type of question you would want to be answering or asking you know so basically that's that's
[01:38:35.960 --> 01:38:41.640]  what case law is for that's when you cite case law that's when you throw it in practice book sections
[01:38:41.640 --> 01:38:47.720]  this is especially important if you have a question or you have relief that you're seeking
[01:38:47.720 --> 01:38:53.080]  that has to do with the rules of practice for example you know let's just hypothetically
[01:38:53.080 --> 01:38:59.320]  say you are you are sued and somebody's trying to foreclose your home and you don't file an appearance
[01:38:59.320 --> 01:39:03.400]  or you don't file a responsive pleading well let's just take the responsive pleading part
[01:39:04.760 --> 01:39:09.640]  the plaintiff would actually file a motion for default failure plead they would say look
[01:39:09.640 --> 01:39:15.880]  here's the order of pleadings it's in practice book 10-6 this guy did not file any pleadings
[01:39:15.880 --> 01:39:23.560]  the time to plead is defined in practice book 10-8 there go your honor you should grant this
[01:39:23.560 --> 01:39:29.480]  motion a default for failure to plead now I know there are a lot of judges who don't listen to people
[01:39:30.120 --> 01:39:35.720]  but at the same time you've got to bear several things in mind with that first of all you have to
[01:39:35.720 --> 01:39:42.760]  make it so crystal clear that it would be a nightmare on appeal for this trial court because
[01:39:42.760 --> 01:39:47.560]  believe it or not a lot of judges hate being appealed you know because that's their career
[01:39:47.560 --> 01:39:51.960]  and in Connecticut the trial court judges they serve eight year terms so whenever they're up
[01:39:52.520 --> 01:39:57.640]  for renewal by the general assembly that's one of the things that is looked at how many of your
[01:39:57.640 --> 01:40:03.080]  decisions were appealed and of those decisions that were appealed how many of them you know were
[01:40:03.080 --> 01:40:07.880]  actually overturned so that's one thing you have to bear in mind another thing you have to bear in
[01:40:07.880 --> 01:40:13.000]  mind is it's easy to say the courts are corrupt I'm not even going to disagree there however
[01:40:13.000 --> 01:40:19.320]  bear in mind both in your pleadings and when you speak before the court that everybody only has
[01:40:19.320 --> 01:40:26.360]  so much of an attention span so you always want to make your argument as short and as to the point
[01:40:26.360 --> 01:40:32.600]  as possible don't tell me how unfair it is don't tell me how much stress this has put your family
[01:40:32.600 --> 01:40:38.600]  through keep it relevant so those are generally you know two of the things you have to mind
[01:40:38.600 --> 01:40:42.120]  you know bear in mind whether you're writing a pleading to set your record whether you're speaking
[01:40:42.120 --> 01:40:48.520]  in court now as far as making your record goes the other way to make your record is depositions
[01:40:48.520 --> 01:40:54.600]  you can actually call the other side or a witness with first and fact knowledge to be deposed at
[01:40:54.600 --> 01:40:59.960]  some place or some time admissions and erogatory is a lot I think we're going to have to get into
[01:40:59.960 --> 01:41:05.160]  those on the other side but they're very important so a request for a production which are technically
[01:41:05.160 --> 01:41:12.600]  in erogatories but again we'll cover that later the other thing is you can actually have witnesses
[01:41:12.600 --> 01:41:19.320]  for the other side subpoenaed like Linda Green okay well Ms. Linda Green has signed this document
[01:41:20.040 --> 01:41:23.880]  saying that the mortgage was sold to Wells Fargo or whoever the case may be
[01:41:23.880 --> 01:41:31.240]  you can actually have Linda Green subpoenaed now I think as we know there are a lot of
[01:41:31.240 --> 01:41:36.360]  different people who are Linda Green which should make the other side pretty much have a cow
[01:41:36.360 --> 01:41:43.480]  and go what are we doing here but essentially you know you have you have subpoenas as a means to
[01:41:43.480 --> 01:41:48.280]  you know compel people to show up and testify of course you can testify anybody who's there can
[01:41:48.280 --> 01:41:57.000]  testify but long and short on testimony is with your questions keep them short keep them relevant
[01:41:57.000 --> 01:42:01.960]  and build a foundation you know you want to start out like let's just say for example you had a
[01:42:01.960 --> 01:42:07.080]  traffic ticket officer so-and-so how long have you been on the force okay yeah you know and you'd
[01:42:07.080 --> 01:42:12.360]  get them talking and you know you would basically ask well have you been trained with a radar gun
[01:42:12.360 --> 01:42:17.000]  how often do you train with a radar gun do you remember the serial number of the radar gun
[01:42:17.000 --> 01:42:21.240]  you know things of that nature and you keep building it it's like well you know were you here
[01:42:21.240 --> 01:42:27.000]  on this day or whatever according to what you said earlier but with testimony I mean it's probably
[01:42:27.000 --> 01:42:33.720]  something for another show but basically testimony works in this order the first phase of testimony
[01:42:33.720 --> 01:42:40.280]  is the person who called the witness will examine the witness okay the second phase of testimony
[01:42:40.280 --> 01:42:48.120]  is cross-examination during cross-examination the other party gets to ask questions only about
[01:42:48.120 --> 01:42:53.320]  things that are either in the record that they would know about or based on the things they just
[01:42:53.320 --> 01:43:00.040]  said during direct examination and then there's re-examination where basically we start over
[01:43:00.040 --> 01:43:06.280]  and the goal of re-examination is to basically get the person to clarify points that were raised
[01:43:06.280 --> 01:43:11.400]  earlier in the earlier two phases then there's re-cross-examination which pretty much works
[01:43:11.400 --> 01:43:16.120]  the same way you know except the other side is doing that does any of that make any sense
[01:43:19.240 --> 01:43:22.760]  a little bit this sounds like pear mason
[01:43:24.440 --> 01:43:30.520]  but yeah oh one thing you forgot to mention in direct testimony and direct examination
[01:43:30.520 --> 01:43:40.520]  you cannot ask the witness a leading question and we'll with that note we will go to break and we
[01:43:40.520 --> 01:43:47.080]  will pick up on leading questions when we come back on the other side this is randy kelton rule of
[01:43:47.080 --> 01:43:56.840]  law radio our calling number 512 646 1984 our calling lines are going to stay open we should
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[01:44:04.760 --> 01:44:10.120]  internet isn't so easy and neither is finding like-minded people to share it with oh well i guess
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[01:46:26.120 --> 01:46:45.800]  do
[01:46:45.800 --> 01:46:48.220]  God that your past has been sent
[01:46:48.660 --> 01:46:52.120]  To set his master to giant
[01:46:52.520 --> 01:46:54.120]  My lawful was at wrong point
[01:46:54.520 --> 01:46:56.440]  Has beenRC
[01:46:58.060 --> 01:46:59.940]  So shall you be
[01:47:00.180 --> 01:47:03.460]  I need an steady listen to this old quote
[01:47:08.000 --> 01:47:12.500]  I make my money, swear again, lone Dewное
[01:47:12.760 --> 01:47:14.740]  My house with that stone-bone knife
[01:47:14.740 --> 01:47:44.660]  Okay, we are back. Randy Kelton with our special guest, Dan Reel. Dan, you were
[01:47:44.660 --> 01:47:51.300]  going to tell us about leading questions, weren't you? Yes, a leading question. You generally
[01:47:51.300 --> 01:47:58.900]  can't lead your own witness, which you, you know, did to me. That's an example. You were
[01:47:58.900 --> 01:48:06.020]  going to tell us about leading questions, weren't you? A leading question that supposes the answer.
[01:48:06.020 --> 01:48:11.860]  For example, Mr. Smith, when you ran that red light over there, were you or are you not going
[01:48:11.860 --> 01:48:17.620]  60 miles an hour? I mean, you know, of course, if it's a red light, take it. I mean, but I mean,
[01:48:17.620 --> 01:48:24.420]  I think everybody gets the point. Just briefly, some things you can't do. I don't care who you're
[01:48:24.420 --> 01:48:29.780]  asking the question to, is you can't have a compound question. A compound question put simply
[01:48:29.780 --> 01:48:36.500]  is two questions. Is your hair burnt brown and do you have blue eyes? Is a compound question?
[01:48:36.500 --> 01:48:44.420]  Yes, that'll draw the objection, objection multifarious. Yeah, of course, there are other
[01:48:44.420 --> 01:48:50.100]  things you can object to, objections to lines of questioning. I mean, for example, the questions,
[01:48:50.100 --> 01:48:54.580]  argumentative, I mean, you know, you're a rotten dirty scoundrel, aren't you? I'm
[01:48:54.580 --> 01:49:00.580]  seeing objection, it's argumentative. But things of that nature. I mean, basically the whole
[01:49:00.580 --> 01:49:06.420]  point of this discussion was the testimony is one way to get your evidence on the record. In
[01:49:06.420 --> 01:49:12.180]  between that and the pleadings, I believe the last thing that I wanted to mention, just briefly,
[01:49:12.180 --> 01:49:17.220]  of course, there are other ways to get things in. One of your most powerful tools, I don't care
[01:49:17.220 --> 01:49:23.780]  what you're talking about, are requests for admissions and interrogatories. Now, there's
[01:49:23.780 --> 01:49:29.860]  a difference between the two of them. A request for admission is basically a statement. You know,
[01:49:29.860 --> 01:49:35.780]  you will say, you know, first request for admission, Wells Fargo is a bank, admit or deny.
[01:49:36.580 --> 01:49:41.220]  You don't say admit or deny, but you know, that's the response, they will admit or they'll deny,
[01:49:41.220 --> 01:49:46.180]  or they will file a written objection saying, well, this isn't relevant, you know, this is
[01:49:46.180 --> 01:49:51.540]  nothing to do with finding or locating relevant evidence. And then believe me, banks will love
[01:49:51.540 --> 01:49:57.380]  to do that. They will object just for the purpose of buying time. But requests for admissions,
[01:49:57.380 --> 01:50:03.220]  fundamentally, are designed to narrow the issues that are going to be covered in the litigation.
[01:50:03.780 --> 01:50:09.940]  Obviously, if you have a request for admission saying, you know, there was a third party that
[01:50:09.940 --> 01:50:15.060]  made a payment on this note, well, obviously, if they admit it, well, guess what, you've established
[01:50:15.060 --> 01:50:21.220]  the special defense of payment. And basically, you kind of narrow that issue. No longer does it
[01:50:21.220 --> 01:50:28.500]  need to be discussed at trial. So you use requests for admissions to narrow the issues in the case.
[01:50:30.100 --> 01:50:34.980]  The second form of discovery that's very much important is interrogatories.
[01:50:34.980 --> 01:50:39.780]  Interrogatories, you can ask a question or you could demand production of something.
[01:50:39.780 --> 01:50:45.300]  For example, please produce copies of this Notary Publix book that, you know,
[01:50:45.300 --> 01:50:52.740]  said, like, this guy, like, appeared before her and said, I am the vice president of JP Morgan
[01:50:52.740 --> 01:50:57.940]  Chase, so on and so forth. And, you know, you can put subparts to the different interrogatories,
[01:50:57.940 --> 01:51:03.540]  like, please give a reason for each answer. Please give, you know, the name and address
[01:51:03.540 --> 01:51:08.420]  for service of, you know, the person or persons preparing the answer to this.
[01:51:08.420 --> 01:51:12.500]  Yeah, I mean, something of that nature. You can ask a lot of good questions that way.
[01:51:12.500 --> 01:51:17.780]  But basically, interrogatories and requests for admissions, the answers to those,
[01:51:19.380 --> 01:51:24.100]  can be admitted in court as evidence. And the other side has to either answer to them
[01:51:24.100 --> 01:51:29.140]  or object to them. Now, here's what you have to bear in mind about admissions and interrogatories.
[01:51:29.700 --> 01:51:35.380]  They may or may not necessarily become relevant unless something in the pleadings
[01:51:35.380 --> 01:51:40.900]  or something in the testimony has made them relevant. For example, let's just say you've
[01:51:40.900 --> 01:51:45.780]  only filed a motion to dismiss. You just filed your appearance. And the only thing on the record,
[01:51:45.780 --> 01:51:52.580]  really, is the plaintiff's complaint. Well, guess what? Your admissions, your interrogatories,
[01:51:52.580 --> 01:51:58.180]  can only ask about that. Can only ask about the facts of Ledge. However, if you do it later on,
[01:51:58.740 --> 01:52:03.300]  after special defenses have been filed, after your answers in, after there's a counterclaim,
[01:52:03.300 --> 01:52:10.740]  well, then you get to ask about all that. One thing I can say is be very, very careful
[01:52:11.380 --> 01:52:16.980]  about the timing of when you employ these tools. Now, it's tempting to do it right away sometimes.
[01:52:17.540 --> 01:52:22.100]  And sometimes, if you have other information, you could say, well, yeah, that's the reason I
[01:52:22.100 --> 01:52:26.500]  filed it. For example, if you're going to bring up the special defense of payment and you're going
[01:52:26.500 --> 01:52:31.780]  to say there was some insurance policy that kicked in and paid the note, you know, and the other
[01:52:31.780 --> 01:52:36.020]  side objects, you say, well, we're looking to raise this as a special defense. Hopefully,
[01:52:36.020 --> 01:52:43.380]  it flies. It probably won't. The second thing you have to bear in mind is that when you file
[01:52:43.380 --> 01:52:48.180]  these things, when you file your discovery request, generally, this way it isn't Connecticut. It could
[01:52:48.180 --> 01:52:54.980]  be different elsewhere. You don't actually file a copy of your request with the court just yet.
[01:52:55.700 --> 01:53:00.660]  You actually file the notice that, oh, by the way, notice that plaintiff's so-and-so has received
[01:53:00.660 --> 01:53:05.860]  my request for admissions or interrogatories. And then if there's a dispute, like if the other
[01:53:05.860 --> 01:53:09.700]  side objects and they don't want to answer and you have a dispute, generally what you have to do
[01:53:09.700 --> 01:53:14.660]  is you have to work with the other side and be like, listen, answer this, is there some kind
[01:53:14.660 --> 01:53:20.500]  of agreement we can come into or make a really compelling argument as to why they should answer
[01:53:20.500 --> 01:53:26.100]  it. And if you can't work out your discovery disputes with the other party, then you go to the
[01:53:26.100 --> 01:53:32.180]  court and say, listen, your honor, I tried to work this out. These guys just don't want to answer
[01:53:32.180 --> 01:53:36.740]  the question or they don't want to answer this or they don't want to answer that. And when you do
[01:53:36.740 --> 01:53:42.900]  that, you have to tell the court it's relevant because of ABC or D. You can't just say, I'd like
[01:53:42.900 --> 01:53:50.020]  to know what his wife wore last evening. You have to say, here's why it's relevant in the case.
[01:53:50.020 --> 01:53:56.660]  Here's where it came up. So basically those are very powerful tools and generally what I've seen
[01:53:56.660 --> 01:54:02.580]  with a lot of the fraud closure mills is once you start asking really annoying questions,
[01:54:02.580 --> 01:54:10.740]  the pleadings come to a stop. That is provided you've filed a responsive pleading. Now, I mean,
[01:54:10.740 --> 01:54:16.740]  there are some cases I've seen where basically this stuff goes on hold for like a year or two
[01:54:16.740 --> 01:54:24.260]  or even three. So once you start asking these really annoying questions that you can come
[01:54:24.260 --> 01:54:30.420]  up with based on the different issues that even we just discussed today, a lot of banks are very
[01:54:30.420 --> 01:54:35.300]  hesitant to go forward because A, they generally know what you're talking about, what you're looking
[01:54:35.300 --> 01:54:41.300]  for and they are afraid of different stuff that will come out. The other thing you have to bear
[01:54:41.300 --> 01:54:48.180]  in mind is the economics of a fraud closure mill. Ben at McHugh and Huntley, believe it,
[01:54:48.180 --> 01:54:55.620]  Jacobson, they specialize in doing these very quickly as in four months flat. Now, once you start
[01:54:55.620 --> 01:55:03.220]  asserting your rights, even if you do a haphazard poor job of it, I mean, not that I emphasize
[01:55:03.220 --> 01:55:07.700]  being careless or screwing it up because remember, this stuff is on the record for appeal.
[01:55:07.700 --> 01:55:13.940]  It generally messes up the whole economics of the machine. So the more they have to respond,
[01:55:13.940 --> 01:55:17.620]  the more they have to answer. I mean, it's not uncommon for them to hire another law firm to
[01:55:17.620 --> 01:55:24.260]  come in and basically like, help us, this guy's fighting back. And what I can tell you that
[01:55:24.260 --> 01:55:30.340]  after dozens and dozens of these things, that pattern has definitely emerged in my mind.
[01:55:30.340 --> 01:55:36.980]  So I think we are probably ready for some questions. I mean,
[01:55:36.980 --> 01:55:42.180]  as much as I'd like to go into the appellate stuff, I mean, this is pretty much what the show is for.
[01:55:44.100 --> 01:55:51.700]  Okay, this really sounds interesting. This is way too much information for me to absorb all at once.
[01:55:51.700 --> 01:56:02.500]  We may need you back again to go through this again. Frankly, I feel like I'm being educated
[01:56:02.500 --> 01:56:10.820]  because you're going through a lot of things that I don't get to a lot. And you may turn out to be
[01:56:10.820 --> 01:56:21.860]  my resource for me to go to and ask the hard questions. Well, if you're fall, Randy. It's always
[01:56:22.980 --> 01:56:32.260]  the most complimentary when I help someone get started and then I get to go to them and ask
[01:56:32.260 --> 01:56:41.220]  them questions. For the master to become the student is, I find that as high praise indeed.
[01:56:41.940 --> 01:56:45.860]  And besides, I'm somewhat lazy and I would rather somebody else do all the work.
[01:56:47.860 --> 01:56:50.900]  But I only went to the Connecticut Supreme Court once.
[01:56:52.740 --> 01:56:59.300]  Only once. Only once. Okay, I'm only trying, I only tried to get the chief justice of the
[01:56:59.300 --> 01:57:10.980]  Supreme Court in Texas arrested once. So far, still working on him. But it sounds like in
[01:57:11.780 --> 01:57:22.420]  Connecticut, you may have a more responsive judicial system because of the way the foreclosure
[01:57:22.420 --> 01:57:28.100]  is structured. It doesn't seem as though it's quite so easy for the banks to just roll over
[01:57:28.100 --> 01:57:34.660]  someone who fights back. Have you found that to be the case? I have definitely found that to be
[01:57:34.660 --> 01:57:38.900]  the case. I think probably the only better state is Massachusetts.
[01:57:41.540 --> 01:57:51.780]  Well, we've had trouble with Massachusetts. The courts are seem very reluctant to rule for a pro
[01:57:51.780 --> 01:58:04.740]  say. Even when the law is abundantly clear. And Massachusetts is probably the strangest state
[01:58:04.740 --> 01:58:12.980]  that I've looked at because it's a mortgage state, it's a judicial state, but they can
[01:58:12.980 --> 01:58:20.340]  foreclose non-judicially. Yeah, the one thing I can tell you about Connecticut is Connecticut,
[01:58:20.340 --> 01:58:26.740]  believe it or not, I mean, I'd probably say four years ago, you're your SOL as a pro say,
[01:58:26.740 --> 01:58:32.340]  there's no hope, don't even try it. But now a lot of the judges are actually getting really
[01:58:32.340 --> 01:58:36.340]  curious. Like there have been a few judges that hold on, we're about to go to break.
[01:58:38.260 --> 01:58:44.820]  Pick up on the judges when we come back on the other side. I call it number 5126461984. Rob,
[01:58:44.820 --> 01:58:53.140]  I see there will pick you up on the other side. The Bible remains the most popular book in the
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