[00:16.920 --> 00:23.920] May 3rd, 2013. Gold opened today at $1464, silver at $23.84, and bitcoin is trading at [00:24.440 --> 00:28.180] $80.46. Support for the Liberty Beat comes from Capital [00:28.180 --> 00:32.880] City Automotive, honest, reliable, and affordable auto repair for vehicles foreign and domestic. [00:32.880 --> 00:39.880] Located at 1802 South Congress, by phone at 512-447-2886 and online at capitalcityautoaustin.com. [00:42.240 --> 00:47.760] And now the news. According to a poll conducted by the Farley Dickerson University, 29% of [00:47.760 --> 00:52.000] registered voters think that an armed revolution may be unavoidable in the next few years to [00:52.000 --> 00:57.160] preserve our civil liberties. Polls surveyed 863 registered voters and focused on both [00:57.160 --> 01:01.560] gun control and the possibility of an armed revolution in the United States. Polls specifically [01:01.560 --> 01:06.680] asked the registered voters whether they agreed, disagreed, neither agreed nor disagreed, did [01:06.680 --> 01:10.960] not know or refused to answer the following statement, in the next few years an armed [01:10.960 --> 01:14.800] revolution might be necessary in order to protect our liberties. The results showed [01:14.800 --> 01:21.800] that 29% agreed, 47% disagreed, 18% neither agreed nor disagreed, 5% said they were unsure [01:22.360 --> 01:26.900] and just 1% refused to answer. These figures demonstrate the public's growing frustration [01:26.900 --> 01:33.900] with overbearing powers of the current administration. [01:34.840 --> 01:38.300] According to a new scientific study completed by the University of California Berkeley, [01:38.300 --> 01:42.160] several metals found inside lipsticks and chapsticks could be carcinogous and dangerous [01:42.160 --> 01:46.240] to long-term health. Products included inside the generic store-brought lipstick compounds [01:46.240 --> 01:50.480] were chromium, aluminum, cadmium, and of course lead. The study also proved that many of the [01:50.480 --> 01:54.560] lip products contained very high concentrations of aluminum and titanium according to the [01:54.560 --> 01:59.560] San Jose Mercury News. In addition, lipsticks were found to overwhelmingly contain hexavalent [01:59.560 --> 02:04.320] chromium which is a carcinogen linked strongly to developing stomach cancer in individuals. [02:04.320 --> 02:07.920] This current time the FDA does not regulate the high content of heavy metals found in [02:07.920 --> 02:14.920] lipstick and cosmetic materials sold throughout North America. [02:16.520 --> 02:20.600] The National Rifle Association is meeting in Houston, Texas this weekend and already [02:20.600 --> 02:24.640] drawing crowds to the amount of tens of thousands of people after recent efforts to exert new [02:24.640 --> 02:28.920] gun control legislation in the U.S. Congress failed. According to Reuters, 70,000 people [02:28.920 --> 02:32.160] are expected to appear at the conference and rally dubbed the Stand and Fight Rally which [02:32.160 --> 02:35.960] will feature keynote speakers like Glenn Beck and politicians including Governor Rick Perry [02:35.960 --> 02:40.640] of Texas and Governor Bobby Jindal of Louisiana. Houston, currently the United States' fourth [02:40.640 --> 02:45.320] largest city in population, is already experiencing heightened security after a man shot his firearm [02:45.320 --> 02:49.600] at Houston's George Bush Intercontinental Airport and was later shot dead on the spot [02:49.600 --> 02:53.520] apparently by an agent of the Department of Homeland Security. This time conflicting reports [02:53.520 --> 02:57.640] relay the man either committed suicide or was murdered by an agent of Homeland Security, [02:57.640 --> 03:04.640] however no evidence exists that it was in fact a suicide. [03:57.640 --> 04:04.640] Okay, we are back in Houston, Texas, and we are about to head off to the airport to see [04:27.640 --> 04:28.640] what's going on. [04:28.640 --> 04:34.760] Welcome back. I'm Randy Kelton, Deborah Stevens, Rule of Law Radio. Deborah is not here on [04:34.760 --> 04:41.000] the Friday nights. We're here. We have Steve Skidmore back, our special guest, and we're [04:41.000 --> 04:53.840] going to do the first couple hours on a document that I received from someone in Colorado. [04:53.840 --> 04:59.860] She's been working with me for a couple of years now on her foreclosure issue. She's [04:59.860 --> 05:08.920] become very knowledgeable, and she sent me a checklist, and I asked Steve to come on [05:08.920 --> 05:15.480] because I wanted to go down this checklist of things to do. Some I agree with, some I [05:15.480 --> 05:24.400] don't. Some Steve will agree with, some he won't. By the time this two hours is over, [05:24.400 --> 05:29.880] we'll probably be in fisticuffs through the microphone. [05:29.880 --> 05:33.240] I don't think we'll argue that much. [05:33.240 --> 05:45.640] Just kidding. I thought that a good way to teach someone the tools they need would be [05:45.640 --> 05:54.000] to go through this list and kind of address the issues back and forth and sort of see [05:54.000 --> 06:11.880] where we come out at the end. Frances has been very knowledgeable, and she was going [06:11.880 --> 06:19.880] to try to listen today. If she is listening, I would hope that she would send me a Skype [06:19.880 --> 06:27.560] message so I know, and I'll send her the number for the bridge, and we can bring her up on [06:27.560 --> 06:33.200] the bridge. I haven't been able to reach her, so we probably won't get her in, but we'll [06:33.200 --> 06:37.280] go over this thing. This is about what you should do. [06:37.280 --> 06:42.560] Now, Steve and I both have been working in the foreclosure area for the last four or [06:42.560 --> 06:55.080] five years or so, and Steve is an avid researcher as well. Over time, in dealing with people, [06:55.080 --> 07:02.360] we've come up with a lot of things you can do. I come across a number of people who address [07:02.360 --> 07:11.280] foreclosure issues, and everybody seems to have a stick, a thing that they do. I seldom [07:11.280 --> 07:17.840] see much depth in what they do. Everybody seems to have one thing they throw at the [07:17.840 --> 07:26.160] lender, and if it doesn't work, well, they throw it harder. Over time, we've tried to [07:26.160 --> 07:31.080] develop more than one thing to do. So we're going to start kind of going down this list [07:31.080 --> 07:40.760] and talking about if you have a mortgage issue, what you need to do first to get yourself [07:40.760 --> 07:45.400] set up for the fight if you have time. If you're in the fight, you don't have much time [07:45.400 --> 07:52.320] for setup, so there's things you can do there. If you're facing eviction, there are different [07:52.320 --> 07:56.440] things you can do, and if you've already been evicted and are out of the property, there [07:56.440 --> 08:02.800] are different things yet that you can do. So we're going to start out with what most [08:02.800 --> 08:11.880] everybody will do first is a qualified written request. This is under the preparation section. [08:11.880 --> 08:20.680] You send a qualified written request, and a qualified written request, actually, let [08:20.680 --> 08:29.160] me back up. She has listed a qualified written request as the first thing you do, and frankly, [08:29.160 --> 08:39.080] we don't do that first. What we do first is a debt validation letter. A debt validation [08:39.080 --> 08:53.240] letter under 15 U.S. Code 1692-G is a demand that the lender validate the debt. It's a [08:53.240 --> 09:01.640] demand that they prove up that they have agency to represent a principal who has standing [09:01.640 --> 09:09.720] and capacity, and that generally requires production of a certain number of documents, [09:09.720 --> 09:18.600] and what the lender will always do is send you copies of your closing documentation, [09:18.600 --> 09:27.320] and most of the time, not always, every once in a while, someone will have an entity claiming [09:27.320 --> 09:32.880] authority to collect the debt, and it is the same entity with whom they entered into a [09:32.880 --> 09:45.440] loan agreement, and here we try to help people get over some unstated presuppositions. In [09:45.440 --> 09:51.920] the debt validation letter, it doesn't matter if the same entity through whom you got the [09:51.920 --> 10:00.680] loan is claiming authority to collect on the loan, because what you don't know is if that [10:00.680 --> 10:07.080] entity has sold or transferred their interest in the property to someone else, in which [10:07.080 --> 10:16.520] case they would have no standing. You don't know if the entity has abided by all relevant [10:16.520 --> 10:25.120] law, which would deny them capacity, and you don't know if the entity is now acting as [10:25.120 --> 10:32.680] an agent for some other entity to whom they've transferred beneficial interest in the note [10:32.680 --> 10:43.400] or in the debt instrument. So, in order to avoid stipulating, and you try never to stipulate [10:43.400 --> 10:52.880] to anything, under the Uniform Commercial Code, if I make a claim and someone else challenges [10:52.880 --> 11:00.480] that claim, it's not their duty to disprove the claim. It's my duty to prove the claim [11:00.480 --> 11:04.280] up. Steve, you're familiar, I'm sure, with Tweel the U.S. [11:04.280 --> 11:08.440] Don is pro-bandi. Burden of proof. [11:08.440 --> 11:10.720] Say that again. [11:10.720 --> 11:11.720] Burden of proof. [11:11.720 --> 11:19.200] Burden of proof. Well, the portion of Tweel I'm going to is if someone has a duty to respond [11:19.200 --> 11:24.620] and they fail to respond and by their failure to respond, a false impression will be given [11:24.620 --> 11:33.600] that's equated as fraud. When a person makes a proactive claim of having an authority and [11:33.600 --> 11:43.760] that authority is challenged, it goes to full disclosure. They have given partial disclosure [11:43.760 --> 11:48.960] in that they've made a statement of claim. Once they give partial disclosure, they have [11:48.960 --> 11:56.240] a duty to give full disclosure. You tell me you have the claim, now prove it up. And that's [11:56.240 --> 12:03.080] what a debt validation letter goes to. A qualified written request is often confused with a debt [12:03.080 --> 12:10.160] validation letter and they are not the same. A qualified written request has time limits [12:10.160 --> 12:22.360] on when you can make the request. And generally, it's 30 days from the time in which from which [12:22.360 --> 12:33.480] a new lender or a new servicer gives you notice of alleged authority to collect a debt. It [12:33.480 --> 12:42.760] could either be the original lender or a change in services will retrigger the right to file [12:42.760 --> 12:49.480] a qualified written request. A qualified written request is not discovery. And if you look [12:49.480 --> 12:54.880] on the internet, you'll find a lot of very large documents called a qualified written [12:54.880 --> 13:02.920] request. And they ask for everything under the sun. That is not a qualified written request. [13:02.920 --> 13:11.520] A qualified written request is notice to the lender or agent for the lender of an accounting [13:11.520 --> 13:21.200] error and a request that the error be corrected. If you send a qualified written request and [13:21.200 --> 13:27.960] it does not include allegations of an accounting error, then it is not a qualified written [13:27.960 --> 13:36.120] request and it does not trigger the authority of the statute. That makes sense? [13:36.120 --> 13:43.580] Yes. Okay. So a qualified written request that [13:43.580 --> 13:50.580] doesn't need to be sent until the other side has validated the debt and shown that they [13:50.580 --> 13:57.680] have agency standing and or capacity. To send a qualified written request before that is [13:57.680 --> 14:06.360] to stipulate to the authority of the individual you're sending the request to, to enforce [14:06.360 --> 14:13.000] a given promise. So since they're making proactive claim, we don't have to stipulate to anything. [14:13.000 --> 14:21.480] So we just deny everything. We don't know anything about a note, a deed of trust. And [14:21.480 --> 14:25.840] if, if the judge were to say, well, don't you have a loan on that house? Of course I [14:25.840 --> 14:32.000] do. Well, isn't there a name? If it's the original lender, isn't there a name on the [14:32.000 --> 14:36.640] deed of trust? Yes, he is. But we don't know if they have authority to collect this one. [14:36.640 --> 14:42.040] They may be talking about another one. They may be talking about one we don't know anything [14:42.040 --> 14:52.100] about. So a simple unsupported claim is insufficient under uniform commercial code. 3-501. When [14:52.100 --> 14:59.080] we make a request for validation, uniform commercial code has something similar to a [14:59.080 --> 15:06.860] validation request. You can, when you receive a presentment and under the uniform commercial [15:06.860 --> 15:14.720] code, the done letter, a demand for payment is called a presentment. If you receive a [15:14.720 --> 15:25.360] presentment and you demand that the claimant provide access to the original security instrument, [15:25.360 --> 15:31.380] they are required to make the original security instrument available for inspection by you. [15:31.380 --> 15:40.440] They are not required to give it to you, but they do have to show it to you. So you can [15:40.440 --> 15:46.960] file a, that is a form of debt validation that shows that they have, they actually hold [15:46.960 --> 15:55.400] the debt instrument. It's kind of like me bringing you a photocopy of a check and say, [15:55.400 --> 16:02.600] I need you to cash this check. And you say, well, absolutely. And you bring me back photocopies [16:02.600 --> 16:09.160] of the money. And I tell you, well, as soon as you bring me to real one, I'll give you [16:09.160 --> 16:16.720] the real money. This is how it works in uniform commercial code. And anytime you send a debt [16:16.720 --> 16:24.240] validation letter, that's sent under 15 U.S. Code 1692 G, Fair Debt Collections Practices [16:24.240 --> 16:34.280] Act. Also request production of the original security instrument under 3-501 uniform commercial [16:34.280 --> 16:42.360] code. That one doesn't have the one year statute of limitations the FDCPA does. Okay, this [16:42.360 --> 16:49.480] is Randy Kelton, Debbie Stevens with our special guest, Steve Skidmore. We're going to break. [16:49.480 --> 16:55.600] When we come back on the other side, we will turn this over to Steve and let him walk down [16:55.600 --> 17:07.960] a few and we will talk about him. We'll be right back. 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[19:02.480 --> 19:26.280] You are listening to the Logos Radio Network. LogosRadioNetwork.com. [19:32.480 --> 19:48.960] Okay, we are back. Randy Kelton W. Stevens is Friday, May the 3rd. And we have our special [19:48.960 --> 19:54.600] guest Steve Skidmore. And Steve, you want to pick it up on records? [19:54.600 --> 20:01.720] Sure. County records. I apologize, but what is the lady's name here that the author of [20:01.720 --> 20:02.720] this? [20:02.720 --> 20:03.720] Frances. [20:03.720 --> 20:11.640] Frances. Frances, if you are listening, congratulations. You've got a very, very good list here. The [20:11.640 --> 20:17.640] line item 1B is county records. Get a copy of everything in the county records. Absolutely. [20:17.640 --> 20:26.400] Get line item I is get certified copies. Yes. Is there a clear chain of title? Let me stop [20:26.400 --> 20:33.360] right there and define clear chain of title. A chain of title is a chain of possession [20:33.360 --> 20:38.760] of the mortgage documents that you signed on the day of closing, physical possession [20:38.760 --> 20:44.640] of those documents or who they've been assigned to. Now, when you created a note... [20:44.640 --> 20:50.820] Hold on, hold on. When we say that, when we speak of documents here, we're not talking [20:50.820 --> 20:52.480] about all that junk. [20:52.480 --> 20:53.480] No. [20:53.480 --> 20:55.480] Notices they have you sign. [20:55.480 --> 20:56.480] Yeah. [20:56.480 --> 20:58.200] Note and deed of trust. [20:58.200 --> 21:03.960] Well, not necessarily so much the note because it's very seldom do you ever find a note that's [21:03.960 --> 21:10.040] actually filed along with the deed of trust, which some have argued is bifurcation at the [21:10.040 --> 21:15.680] start, but to go down the route of a clear chain of title. Bifurcation touching the chain [21:15.680 --> 21:26.360] of title, of course. But the clear chain of title, 200 some odd years of well established [21:26.360 --> 21:32.800] jurisprudence says that any time that real property is sold, you've got to have a chain [21:32.800 --> 21:39.360] of custody of the paperwork that went with it. In the state of Texas, original land patents [21:39.360 --> 21:44.360] were granted by the Republic of Texas. The state of Texas now offers land patents, but [21:44.360 --> 21:51.960] first thing they'll do is strip the mineral and water rights from you. But the chain of [21:51.960 --> 22:06.840] custody or the chain of title is clearly defined in... Where is it here? Control click. Okay. [22:06.840 --> 22:13.240] I'm reading just here for the state of Texas. Most states have very similar statutes. I [22:13.240 --> 22:17.320] believe all states have similar statutes, but here in Texas, let's just use Texas for [22:17.320 --> 22:27.520] an example. Texas local government code section 192.007, records of releases and other actions. [22:27.520 --> 22:36.360] A, to release, transfer, assign, or take another action related to an instrument that is filed, [22:36.360 --> 22:44.720] registered, or recorded in the office of the county clerk. A person must file, register, [22:44.720 --> 22:50.920] or record another instrument related to the action in the same manner as the original [22:50.920 --> 23:02.040] instrument was required to be filed, registered, or recorded. Now, an assignment of a security [23:02.040 --> 23:09.360] instrument first by Carpenter v. Longan nullifies the security instrument, but they only filed [23:09.360 --> 23:17.960] the security instrument and this only touches such an instrument. Okay. So since they have [23:17.960 --> 23:23.320] recorded the deed of trust, any instrument that touches that deed of trust, such as an [23:23.320 --> 23:32.160] assignment, a transfer, a release, must also be filed and it states in the same manner [23:32.160 --> 23:37.800] as the original. That means it must be filed in the same section so that anybody wanting [23:37.800 --> 23:44.060] to do some research on a piece of ground or a piece of real property can go to the county [23:44.060 --> 23:50.480] records and find out who to go talk to. I want to make an offer on this property. Who [23:50.480 --> 23:57.480] do I go to to make the offer? That's why it's so important to keep the chain of title [23:57.480 --> 24:07.280] clean. Something I would like to address there. Tell people that when you go to the county [24:07.280 --> 24:13.680] clerk and you search for records on your property, there are certain records you do not want [24:13.680 --> 24:25.520] to find. If someone has filed a document that affects title on your property and they haven't [24:25.520 --> 24:34.600] filed it in a way such that if you come down and run the property description, you can't [24:34.600 --> 24:45.520] find it, then it is not properly filed and you do not want to officially find it. So [24:45.520 --> 24:51.440] what I suggest people do is go to the clerk and ask the clerk to run a search on this [24:51.440 --> 25:01.560] property and give me a list of everything that you find. And then ask the clerk to make [25:01.560 --> 25:06.920] you a copy of that and she's going to want to produce you a receipt. Don't write me an [25:06.920 --> 25:17.920] extra receipt. Can you just mark on the document the amount that I paid and the date? They [25:17.920 --> 25:24.320] won't give you a certified copy of that particular document. But if you ask the clerk to put [25:24.320 --> 25:31.600] the receipt on the document by writing it in by hand, you can call the clerk in and [25:31.600 --> 25:38.040] ask the clerk if she put that mark on that document and she will say yes I did. That's [25:38.040 --> 25:46.200] just as good if not better than a certified copy. So now you have evidence of what was [25:46.200 --> 25:57.860] publicly available. Now if they file something somewhere else, like in the trustee's name, [25:57.860 --> 26:13.040] we find a lot of that. Then according to 13.01 and 192.007, it's not properly filed. If it's [26:13.040 --> 26:20.720] not publicly available, if I go down and I want to, like I have a property here in Wise [26:20.720 --> 26:25.560] County that I got a lien on. But before I got the lien on it, I went down to the county [26:25.560 --> 26:34.120] clerk and ran a check and got a copy of the search that I had the clerk do. And it did [26:34.120 --> 26:39.320] not show a deed of trust filed against the property. So I incurred this claim against [26:39.320 --> 26:47.060] the property. Then it turns out that they did not file the lien in the name of the owner [26:47.060 --> 26:54.120] of the property. They filed the lien in the name of the wife, and the wife never owned [26:54.120 --> 27:00.800] the property. She was the cosigner on the note, but she never owned the property. The [27:00.800 --> 27:07.740] husband owned the property when they married, so it was his exclusively. So I checked his [27:07.740 --> 27:15.240] name, had the clerk check this property and this is what the clerk gave me. So I have [27:15.240 --> 27:20.520] a right to trust what I find there. This is real important. When you go down, you pull [27:20.520 --> 27:26.560] a deed of trust. I have a property in Frisco, Texas. I got a warranty deed on that one. [27:26.560 --> 27:30.400] I went down and looked in the record and I saw a deed of trust from Washington Mutual [27:30.400 --> 27:39.600] Bank. And then four years later, there was an appointment of a substitute trustee by [27:39.600 --> 27:44.880] JP Morgan Chase. Well, there's nothing in the record to indicate that JP Morgan Chase [27:44.880 --> 27:51.880] had any authority to appoint a substitute trustee. So JP Morgan Chase, I mean, Washington [27:51.880 --> 27:58.500] Mutual's out of business. They didn't file an assignment of the deed of trust. So when [27:58.500 --> 28:03.240] they went out of a business, they abandoned it. They're the only one that could express [28:03.240 --> 28:10.160] it in their history. So I incurred a warranty deed against it and then they foreclosed. [28:10.160 --> 28:17.440] I went into the JP court and filed criminal charges against the lawyer and against the [28:17.440 --> 28:25.280] husband and wife who purchased the property. I said, guys, welcome to the deep end of the [28:25.280 --> 28:30.600] court. You could have looked in the court record like I did and you would have seen [28:30.600 --> 28:38.200] what I saw. And the law says you looked in the court record. You have imputed knowledge [28:38.200 --> 28:47.240] if you don't have actual knowledge. So you can't say you didn't know. That sound good, [28:47.240 --> 28:49.440] Steve? [28:49.440 --> 28:58.200] There's no reason not to know. Now, when you say description, you're referring to at the [28:58.200 --> 29:02.760] time that you go down to the clerk's office and you do your search or have the clerk look [29:02.760 --> 29:10.920] for records, you're giving the clerk the quote unquote legal description as adverse to or [29:10.920 --> 29:14.460] in contrast to the common address. Is that correct? [29:14.460 --> 29:20.640] That is correct. Address or a name. You can search on names usually, but that can screw [29:20.640 --> 29:26.120] you up because sometimes they put it in under different names. If you do a search on the [29:26.120 --> 29:33.200] property description, it's not necessarily meets and bounds. Sometimes the property description [29:33.200 --> 29:40.360] will include a book and a page or the document, but it doesn't always have meets and bounds. [29:40.360 --> 29:45.440] That's why they call it a legal description. [29:45.440 --> 29:52.640] Okay. This is Randy Kelton, Deborah Stevens with our special guest, Steve Skidmore. We'll [29:52.640 --> 30:03.000] be right back on the other side. [30:03.000 --> 30:07.280] Are you a Facebook fiasco just waiting to happen? There's a downside to posting everything [30:07.280 --> 30:11.440] on your social network and it just might leave you a sitting duck. I'm Dr. Catherine Alabarck [30:11.440 --> 30:14.220] and I'll tell you more in just a moment. [30:14.220 --> 30:19.540] Your search engine is watching you, recording all your searches and creating a massive database [30:19.540 --> 30:25.440] of your personal information. That's creepy, but it doesn't have to be that way. Startpage.com [30:25.440 --> 30:29.960] is the world's most private search engine. Startpage doesn't store your IP address, make [30:29.960 --> 30:34.140] a record of your searches or use tracking cookies and they're third party certified. [30:34.140 --> 30:39.560] If you don't like big brother spying on you, start over with Startpage. Great search results [30:39.560 --> 30:44.760] and total privacy. Startpage.com, the world's most private search engine. [30:44.760 --> 30:48.240] Social networking sites may seem like a good way to keep up with friends, relatives and [30:48.240 --> 30:53.360] colleagues, but beware, enemies are watching too. Citizens of Nashua, New Hampshire learned [30:53.360 --> 30:58.600] this the hard way when the Facebook bandits timed break-ins based on their victim's Facebook [30:58.600 --> 31:03.640] posts. Local police reported that 50 homes were broken into by tech savvy criminals. [31:03.640 --> 31:07.680] They used Facebook posts to see when victims would be away from home and they timed their [31:07.680 --> 31:12.640] strikes accordingly. To avoid falling prey to Facebook bandits or worse, use this rule [31:12.640 --> 31:16.720] of thumb. If you wouldn't reveal your activities and whereabouts to hardened criminals or total [31:16.720 --> 31:19.720] strangers, you shouldn't put them on your social network page either. [31:19.720 --> 31:32.720] I'm Dr. Catherine Alabarck. More news and information at CatherineAlabarck.com. [31:32.720 --> 31:38.080] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th. [31:38.080 --> 31:43.520] The government says that fire brought it down. However, 1,500 architects and engineers concluded [31:43.520 --> 31:47.080] it was a controlled demolition. Over 6,000 of my fellow service members have [31:47.080 --> 31:50.600] given their lives and thousands of my fellow first responders are dying. [31:50.600 --> 31:52.920] I'm not a conspiracy theorist. I'm a structural engineer. [31:52.920 --> 31:55.400] I'm a New York City correction officer. I'm an Air Force pilot. [31:55.400 --> 31:59.720] I'm a father who lost his son. We're Americans and we deserve the truth. [31:59.720 --> 32:06.560] Go to RememberBuilding7.org today. It is so enlightening to listen to 90.1 FM, [32:06.560 --> 32:11.120] but finding things on the internet isn't so easy and neither is finding like-minded people [32:11.120 --> 32:13.800] to share it with. Oh, well, I guess you haven't heard of Brave [32:13.800 --> 32:16.200] New Books then. Brave New Books? [32:16.200 --> 32:20.840] Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex [32:20.840 --> 32:25.800] Jones, Ron Paul, and G. Edward Griffin. They even stock inner food, Berkey products, and [32:25.800 --> 32:29.720] Calvin soaps. There's no way a place like that exists. [32:29.720 --> 32:35.240] Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT. [32:35.240 --> 32:38.880] By UT, there's never anywhere to park down there. [32:38.880 --> 32:44.160] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking [32:44.160 --> 32:50.160] facility, just behind the bookstore. It does exist, but when are they open? [32:50.160 --> 32:55.680] Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays. So get them a call at [32:55.680 --> 33:02.680] 512-480-2503 or check out their events page at bravenewbookstore.com. [33:25.680 --> 33:32.680] Okay, we are back. Randy Kelton, Dennis Stevens and Roo La Radio. And as to records, on the [33:56.680 --> 34:03.680] Remedies and Real Estate website, I have under free security, free forensic analysis, I have [34:04.280 --> 34:09.440] a big map there. If you click on the center part of the map, it will give you directions [34:09.440 --> 34:16.440] about some letters to send out. And then it will send you to a section on collecting records. [34:16.720 --> 34:22.160] It will tell you what records to look for. And then I'm working on sections on how to [34:22.160 --> 34:29.160] break those records apart and what to look for in each one of them. This show is going [34:29.640 --> 34:36.160] to be, we're not going to go into quite that detail. We could spend the whole show on just [34:36.160 --> 34:41.400] that portion. So we're going to move on down. Make sure you get everything in the court [34:41.400 --> 34:47.660] record that the clerk can find. If he suspects something else is in there, get somebody else [34:47.660 --> 34:54.660] to come down and find those records for you. You want to have them, but you want to have [34:54.880 --> 35:01.880] plausible deniability. You do not want the other side to say that you had constructive [35:02.280 --> 35:09.160] notice if not actual. So you get to say if it works for you, I didn't know anything about [35:09.160 --> 35:14.080] those around. I went down and talked to the clerk. She got me these records. They're not [35:14.080 --> 35:19.760] available to the clerk. They weren't properly filed. Okay. Enough said with that. We did [35:19.760 --> 35:24.760] want to go now to securitization and audit. [35:24.760 --> 35:31.760] Now, there was one before that, order copies of the closing documents. And I would add, [35:32.320 --> 35:36.480] order those from the mortgage servicer who you're dealing with at the time. [35:36.480 --> 35:45.320] Yes. And according to Ginnie Mae, according to the Ginnie Mae manual, if a note is put [35:45.320 --> 35:55.320] into a pool, it is the lender that creates the pool. And he has a pool for each interest [35:55.320 --> 36:00.240] rate on notes that he has because a pool can only hold a note with one interest with the [36:00.240 --> 36:15.360] same interest rate. He is to forward the documentation to a certification officer, a document custodian. [36:15.360 --> 36:24.200] And the document custodian must certify to Ginnie Mae that the documents meet the filing [36:24.200 --> 36:32.280] requirements, then the document custodian must maintain possession of all of the documents [36:32.280 --> 36:36.800] until termination of the contract. It's all this trash about where's the note. They know [36:36.800 --> 36:42.240] exactly where it's at. Document custodian is required to have it. And generally the [36:42.240 --> 36:48.240] document custodian will be the servicer. [36:48.240 --> 36:50.320] So they claim. So they claim. [36:50.320 --> 36:57.080] Okay. And the only thing you, you know, all of that junk that they have you sign, I seldom [36:57.080 --> 37:02.720] tell people to get that because if I've got it, I'm going to throw it in the trash. And [37:02.720 --> 37:10.160] I'm going to say, I need you to prove up that you filed all the proper notices. And they [37:10.160 --> 37:15.600] say, well, don't you have them? No, I don't. Well, did you throw them in the trash? Yeah, [37:15.600 --> 37:22.400] I did. That's why I don't have them. So I can't tell if you filed all the notices. Will [37:22.400 --> 37:30.320] you send me proof that you filed all the notices under the Truth in Lending Act as required [37:30.320 --> 37:39.040] by covenant 14 of the deed of trust? Yuck. Yuck. They're required to do it. You don't [37:39.040 --> 37:41.720] have to prove they don't. They have to prove they did. [37:41.720 --> 37:47.640] Well, that's one of the terms of the contract and contract and contract law, which a deed [37:47.640 --> 37:52.960] of trust is a contract. The contract writes the law. [37:52.960 --> 38:00.160] Yeah. And understand the term default default just means you breached a covenant of the [38:00.160 --> 38:07.120] contract where we can show that they defaulted on the contract first crack out of the hat. [38:07.120 --> 38:16.480] Yeah. No kidding. Okay. Okay. Well, that covered her securitization and audit. And Steve wants [38:16.480 --> 38:25.200] to cover those two. Yes. Her next item is a securitization. She calls it a securitization [38:25.200 --> 38:32.160] audit and examination. I'd like to cover the word audit and first cover the reason why [38:32.160 --> 38:39.200] I'm going over audit. I might be splitting hairs here, but law is all about splitting [38:39.200 --> 38:43.320] hairs. When you get into court, that's all you're doing is splitting hairs and sometimes [38:43.320 --> 38:49.480] five or six times over. So the language of law being legalese, we need to understand [38:49.480 --> 38:54.440] what language we're speaking and how words are interpreted. And they're always interpreted [38:54.440 --> 39:02.080] in the legal sense when you're dealing with law. So let's go over the meaning of audit. [39:02.080 --> 39:07.180] The word audit is an accounting term that's not usually associated with the investigation [39:07.180 --> 39:12.440] or the analysis of a REMIC, a real estate mortgage investment conduit, one of these [39:12.440 --> 39:23.600] security pools or trusts or the chain of assignments or chain of custody. You can go to legal dictionary [39:23.600 --> 39:32.880] online and you find the word audit defined as, and I quote, a systematic examination [39:32.880 --> 39:41.000] of financial or accounting records by a specialized inspector called an auditor to verify their [39:41.000 --> 39:49.960] accuracy and truthfulness, a hearing during which financial data are integrated for purposes [39:49.960 --> 39:56.760] of authorization. Now I go to auditor. It mentioned an auditor. What is an auditor according [39:56.760 --> 40:06.320] to the same dictionary, same online dictionary. I did this so that people can go find it themselves. [40:06.320 --> 40:14.500] It says an auditor is an accountant who conducts an audit to verify the accuracy of the financial [40:14.500 --> 40:21.400] records and accounting practices of a business or government. A proper audit will point out [40:21.400 --> 40:30.640] deficiencies in the accounting and other financial operations. Many counties have appointed or [40:30.640 --> 40:40.140] elected an auditor to make independent audits of all government agencies in the county government. [40:40.140 --> 40:52.260] The term auditor is often misused as meaning all accountants. Here's another definition [40:52.260 --> 40:59.680] on the same page on this online dictionary. It says an officer whose duty is to examine [40:59.680 --> 41:09.760] the accounts of officers who have received and dispersed public monies by lawful authority. [41:09.760 --> 41:19.400] Now nowhere in that can you fit or corkscrew this type of analysis into that definition. [41:19.400 --> 41:23.280] So we've got my whole point for going through all that is that we've got to pay very close [41:23.280 --> 41:30.400] attention to what words we use and how our enemy uses them and how they can use them [41:30.400 --> 41:36.920] against us. We don't want to create our own roadblocks. [41:36.920 --> 41:46.340] So the next line item under securitization, I want to call it analysis, is should include [41:46.340 --> 41:51.760] the pass-through trust agreement. This is I believe what she's referring to here is [41:51.760 --> 41:58.220] called a pooling and servicing agreement. This pooling and servicing agreement is the [41:58.220 --> 42:06.300] contract or the law under which all of the players in these remics are to behave and [42:06.300 --> 42:11.000] how they're supposed to file things, when they file things, when they can no longer [42:11.000 --> 42:16.960] file things, an offering date, closing date, things of this nature. [42:16.960 --> 42:21.800] You want to know a lot about the assets in that trust and you only want to know about [42:21.800 --> 42:28.640] the trust that your particular mortgage has been placed. Next one says interview several [42:28.640 --> 42:37.320] companies, lots of scams out there. I could not agree more. Absolutely. There are a lot [42:37.320 --> 42:47.760] of, I want to say groups of individuals, groups of people desperately seeking help and I've [42:47.760 --> 42:55.240] chimed in or listened in on a lot of these talk shoe things where people got 40 or 50 [42:55.240 --> 43:04.080] folks on there and it's like the blind leading the blind. Please, please, please go to somebody [43:04.080 --> 43:10.440] reputable. I'd like to make a comment about a securitization [43:10.440 --> 43:15.240] audit. Yes. [43:15.240 --> 43:25.080] That goes to a highly complex, highly esoteric issue and a lot of these guys who are pushing [43:25.080 --> 43:33.320] their audits imply that you should go after that issue. Well, I on occasion send someone [43:33.320 --> 43:39.000] for a securitization audit, but for the most part, all I care about is to actually be able [43:39.000 --> 43:47.040] to show that the note was in fact sold and sold in violation of covenant 20 the deed [43:47.040 --> 43:52.600] of trust. Beyond that, I generally don't have a claim past that. I'll explain a little more [43:52.600 --> 43:56.920] when we come back on the other side. This is Randy Kelton, Deborah Stevens with our [43:56.920 --> 44:03.480] special guest, Steve Skidmore. We'll be right back. [44:03.480 --> 44:08.920] Mr. President, members of Congress, you've been making a lot of noise about taking our [44:08.920 --> 44:17.520] guns away, but you might want to review history. 1835 Gonzales, Texas territory. The authorities [44:17.520 --> 44:24.060] wanted to confiscate the big gun that protected that colony. You know what the people said? [44:24.060 --> 44:31.360] Come and take it because they were willing to fight for their freedom and their guns. [44:31.360 --> 44:48.840] How are we? Come and take it if you want it. Come and take it if you think you can. Come [44:48.840 --> 44:49.840] and take it, but I warn you, you'll have to pry it from our cold dead hands. We want the [44:49.840 --> 44:50.840] freedom that God gave us, so you best not cross that line. If you want this gun, you [44:50.840 --> 45:00.720] gotta come through us and take it one shot at a time. Just like Gonzalez, we're keeping [45:00.720 --> 45:02.960] our guns. [45:02.960 --> 45:09.400] Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary, [45:09.400 --> 45:16.360] the affordable, easy to understand, 4-CD course that will show you how in 24 hours, step-by-step. [45:16.360 --> 45:22.720] If you have a lawyer, know what your lawyer should be doing. If you don't have a lawyer, [45:22.720 --> 45:28.080] know what you should do for yourself. Thousands have won with our step-by-step course, and [45:28.080 --> 45:34.560] now you can too. Jurisdictionary was created by a licensed attorney with 22 years of case [45:34.560 --> 45:39.920] winning experience. Even if you're not in a lawsuit, you can learn what everyone should [45:39.920 --> 45:45.720] understand about the principles and practices that control our American courts. You'll receive [45:45.720 --> 45:53.160] our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and [45:53.160 --> 45:59.280] much more. Please visit RuleOfLawRadio.com and click on the banner or call toll-free [45:59.280 --> 46:28.520] 866-LAW-EASY. [46:29.280 --> 46:50.600] Okay, we are back. Randy Kelton and Deborah Stevens with our special guest, Steve Skidmore, [46:50.600 --> 46:57.520] and we're talking about securitization. Okay, Steve, you want to pick up after I interrupted? [46:57.520 --> 47:03.120] Oh, it's going to finish a little bit. Yeah, go ahead and finish interrupting. [47:03.120 --> 47:13.240] Why I don't always go after a securities audit. One, it costs a lot. And two, it's not always [47:13.240 --> 47:21.960] necessary. It implies that you need to go after these kinds of issues. And I don't see [47:21.960 --> 47:31.960] the value unless I look in the documentation and I see what appears to be a complete chain [47:31.960 --> 47:40.280] of holdership where the lender has transferred it to party B and party B is transferred it [47:40.280 --> 47:49.520] to party C. Then I want to say, okay, hold on here. Did the lender hold the note when [47:49.520 --> 47:59.560] he claimed to transfer the deed of trust to party B? We go back. Now we, then I tell them [47:59.560 --> 48:08.000] we need a securities audit. Most of the time I don't have that. I have a lender and then [48:08.000 --> 48:14.120] I'll have MERS and MERS transfers to party B. Well, I don't need a securities audit to [48:14.120 --> 48:18.680] get it back. I just look at the deed of the trust and the lender didn't sign the deed [48:18.680 --> 48:24.500] of trust. So the inclusion emerges void. And we argued from that perspective, we, we want [48:24.500 --> 48:32.160] to keep the judge's eyes within the four corners of the deed of trust. If we can, when we get [48:32.160 --> 48:37.760] outside the four corners of that contract, his eyes are going to start glazing over because [48:37.760 --> 48:43.080] you're, you're going to be asking him to render a ruling that's going to change the world [48:43.080 --> 48:50.480] as he knows it. And he does not want to do that. If he does, he'll do it very reluctantly. [48:50.480 --> 48:58.700] Absolutely. But he can rule on the four corners of this particular document the way this particular [48:58.700 --> 49:03.760] document was put together by these particular individuals and not change the world as he [49:03.760 --> 49:16.320] knows. So anywhere I can, I stay always in contract. I no longer make an FDCPA claim, [49:16.320 --> 49:22.140] truth and lending statement, real estate settlement procedures act. Sorry, I said FDCPA. I still [49:22.140 --> 49:28.480] make that one, but I'm in the process of phasing that one out. So we, we make everything in [49:28.480 --> 49:35.920] terms of the deed of trust. I don't claim they didn't give us the proper notices that [49:35.920 --> 49:42.960] are required under the truth and lending act. I claim they failed to abide by all law under [49:42.960 --> 49:50.320] covenant 15. They failed to provide all the proper notices under covenant 16. So we don't [49:50.320 --> 50:00.800] get that year to file is up. The contract never runs out. Okay. That's all I got to [50:00.800 --> 50:01.800] say on that subject. [50:01.800 --> 50:10.320] Right. Well, in the times that it is either necessary or advantageous, it could always [50:10.320 --> 50:25.760] be advantageous to get a good competent securities audit. There's a very common misconception [50:25.760 --> 50:34.980] out there that you can go into court and say, well, they can't prove they own it. Well, [50:34.980 --> 50:39.440] if you're going into court as a plaintiff, they don't have to prove anything. You have [50:39.440 --> 50:44.600] to prove they don't own it. And if you want to prove they don't own it, a competent securities [50:44.600 --> 50:54.080] audit is the way to do it because then you can go in with, let me touch on competent [50:54.080 --> 51:02.280] evidence just for just a moment. Competent evidence will, will also encompass an expert [51:02.280 --> 51:11.000] witness. Okay. Unless there is an expert witness to testify as to how he or she came about [51:11.000 --> 51:17.320] their findings and what methodology they used to find a come to those findings. You don't [51:17.320 --> 51:24.660] have competent evidence that evidence, which whatever, whatever you spent on that audit [51:24.660 --> 51:30.160] that you got from some fly by night outfit on the internet is going to get thrown out. [51:30.160 --> 51:35.520] I don't care how right it is. It'll get thrown out because it's not competent. Now, if you've [51:35.520 --> 51:41.480] got somebody that's worked in the securities industry, a private investigator, somebody [51:41.480 --> 51:49.120] who's who has some credentials, who can speak with authority and qualify as an expert witness, [51:49.120 --> 51:55.080] now you got competent evidence. Now you can get it entered into evidence. And we'll cover [51:55.080 --> 52:04.520] a few steps here in a little bit on entering evidence courtroom procedure. But it is, it [52:04.520 --> 52:13.320] is vital that you get competent evidence, but she goes on to say, let's move on Randy. [52:13.320 --> 52:19.240] She goes on to say that they can cost several thousand dollars. Yes, a good one can. But [52:19.240 --> 52:30.000] if you don't mind me saying, I know places that will cost you a lot less than thousands. [52:30.000 --> 52:35.120] We encourage shameless shelf promotion here. Okay. I can get us a good competent securities [52:35.120 --> 52:42.920] audit for 1300 to 1500, depending on the situation. There are a handful, literally a handful of [52:42.920 --> 52:49.520] individuals that, to my knowledge, who can access VA, FHA, Fannie, Freddie, Ginnie Mae [52:49.520 --> 53:01.120] trusts that work outside these entities. And I've got access to one of those individuals. [53:01.120 --> 53:12.120] Are they competent to pass the test of expert witness? You bet. You bet. [53:12.120 --> 53:16.160] And that is of critical importance. Critical importance. [53:16.160 --> 53:23.240] If you have someone you cannot call to the stand, you're not getting much. And before [53:23.240 --> 53:33.400] you hire someone, ask them for a redacted sample audit. Primary thing you look for to [53:33.400 --> 53:42.280] separate the tweet from the chaff is where they make proactive statements of law. They [53:42.280 --> 53:49.120] can't do this. They can't do that. Blah, blah, blah. When I'm researching for people to do [53:49.120 --> 53:58.120] audits for me, I would tell them when I receive an audit, I will not accept a proactive statement [53:58.120 --> 54:05.720] of law out of the auditor's mouth. If it is not given to me out of the mouth of the statute [54:05.720 --> 54:15.880] or the court, then it is worthless. You must, if you say that they cannot do this certain [54:15.880 --> 54:22.000] thing, it has to be. They cannot, according to statute so and so or case so and so, they [54:22.000 --> 54:28.720] can't do this certain thing. If they don't have that, you have nothing. And that's the [54:28.720 --> 54:35.800] first thing to look for. That's how you separate the pros from the amateurs. I'll shut up now. [54:35.800 --> 54:40.160] No, you're on a roll. [54:40.160 --> 54:43.160] And I haven't found many that actually do that. [54:43.160 --> 54:50.440] Right, right. Yes, she goes on to say, and here's that word audit again, and I've caught [54:50.440 --> 54:55.480] you using it a few times. You need to go wash your mouth out, Randy. I'll probably use it [54:55.480 --> 54:58.200] a few times before the night's over. Anyway. [54:58.200 --> 55:05.480] Part of mine actually is an audit, but there's only a portion of it that's an audit. The [55:05.480 --> 55:13.060] thing that you want to audit, and I do those, I have a tool for that, are the fees on the [55:13.060 --> 55:18.960] HUD-1 settlement statement and the escrow accounts. The escrow account needs a good [55:18.960 --> 55:23.080] audit because that's a primary area of fraud. [55:23.080 --> 55:25.240] Well, it's all accounting too. [55:25.240 --> 55:28.020] I missed that part. [55:28.020 --> 55:29.020] It's all accounting. [55:29.020 --> 55:36.160] Yes, it's all accounting. And it's something you can put in front of the court and they [55:36.160 --> 55:44.100] can walk down the numbers. It's not some general accusation that it's a matter of who you believe [55:44.100 --> 55:51.720] and who you don't believe. It's a matter of, this is what the taxes were. This is what [55:51.720 --> 55:57.520] they charged me. This is the difference between what they should have charged me and what [55:57.520 --> 56:09.400] they actually charged me. There's nothing there to go to discretion. So escrow and fees. [56:09.400 --> 56:15.400] We talked about fees the other day. We'll talk about fees another time. That's a really [56:15.400 --> 56:20.960] good place to go after them. You get a good audit on that. As a matter of fact, the first [56:20.960 --> 56:26.720] one I did was on Steve's note and I still use Steve's note as an example. [56:26.720 --> 56:28.880] That was a while back, wasn't it? [56:28.880 --> 56:38.560] Yes, it was. On Steve's note, the difference between the truth in lending statement, what [56:38.560 --> 56:48.120] they actually charged him. And the note, what he signed and agreed to pay was like $47 a [56:48.120 --> 56:53.440] month. Over the life of the note, that amounted to $43,000. [56:53.440 --> 56:57.080] A little over. [56:57.080 --> 57:00.320] Over payment. So these are... [57:00.320 --> 57:02.320] Unjust enrichment. [57:02.320 --> 57:11.440] Yeah, absolutely. Unjust enrichment. Heck, that's felony fraud. That's put them in prison. [57:11.440 --> 57:16.320] Every month, they literally reached in his pocket and stole $47. [57:16.320 --> 57:19.640] Over 30 years, that stacks up. [57:19.640 --> 57:26.040] It absolutely does. And then when we ran the HUD-1 settlement statement fees, that one [57:26.040 --> 57:35.600] come out to $50,047. But when we take that to the court and the other side starts jumping [57:35.600 --> 57:41.840] up and down, waving their arms, they just pulled this out of the air. We'll come back [57:41.840 --> 57:48.360] and say, okay, Bubba, here I will show you where I got that number to the penny. [57:48.360 --> 57:53.440] Let me get my trusty calculator out. [57:53.440 --> 58:00.240] Exactly. You don't have to take my word for it. I was in court once with an evaluation [58:00.240 --> 58:08.720] on some rental property, a friend of mine had, and the lawyer said, well, did you prepare, [58:08.720 --> 58:14.480] did you make these calculations? No, I didn't do it. Well, who did? The computer did. Well, [58:14.480 --> 58:20.840] how do you know they're right? Oh, computers don't make mistakes, right? Oh, that was so [58:20.840 --> 58:29.840] much fun. Okay. We are about to go to the top of the air break. We're going to do one [58:29.840 --> 58:35.240] more hour on this. It'll take us at least that long. There's a lot here. This is really [58:35.240 --> 58:39.080] extensive. So when we come back, we'll try to go through it a little more quickly. I'll [58:39.080 --> 58:44.400] try not to blab quite so much. So hang on folks. This is Randy Kelton, Debra Stevens [58:44.400 --> 58:50.880] with our special guest, Steve Skidmore on our four hour info marathon. [58:50.880 --> 58:55.880] Would you like to make more definite progress in your walk with God? Bibles for America [58:55.880 --> 59:01.560] is offering a free study Bible and a set of free Christian books that can really help. [59:01.560 --> 59:06.000] The New Testament recovery version is one of the most comprehensive study Bibles available [59:06.000 --> 59:10.480] today. It's an accurate translation and it contains thousands of footnotes that will [59:10.480 --> 59:15.700] help you to know God and to know the meaning of life. The free books are a three volume [59:15.700 --> 59:20.980] set called Basic Elements of the Christian Life. Chapter by chapter Basic Elements of [59:20.980 --> 59:26.600] the Christian Life clearly presents God's plan of salvation, growing in Christ and how [59:26.600 --> 59:32.840] to build up the church. To order your free New Testament recovery version and Basic Elements [59:32.840 --> 59:45.840] of the Christian Life, call Bibles for America toll free at 888-551-0102. That's 888-551-0102. [59:45.840 --> 01:00:15.440] Or visit us online at BFA.org. [01:00:15.440 --> 01:00:42.280] And [01:00:42.280 --> 01:01:03.720] now [01:01:03.720 --> 01:01:08.320] disagreed, neither agreed nor disagreed, did not know or refused to answer the [01:01:08.320 --> 01:01:09.320] following statement. [01:01:09.320 --> 01:01:12.680] In the next few years an armed revolution might be necessary in order [01:01:12.680 --> 01:01:13.900] to protect our liberties. [01:01:13.900 --> 01:01:18.100] The results showed that 29 percent agreed, 47 percent disagreed, [01:01:18.100 --> 01:01:22.320] 18 percent neither agreed nor disagreed, 5 percent said they were unsure [01:01:22.320 --> 01:01:25.880] and just one percent refused to answer. These figures demonstrate the public's [01:01:25.880 --> 01:01:34.520] growing frustration with overbearing powers of the current administration. [01:01:34.520 --> 01:01:37.080] According to a new scientific study completed by the University of [01:01:37.080 --> 01:01:40.500] California Berkeley, several metals found inside lipsticks and chapsticks [01:01:40.500 --> 01:01:44.080] could be carcinogous and dangerous to long-term health. Products included [01:01:44.080 --> 01:01:47.400] inside the generic store-bought lipstick compounds were chromium, aluminum, [01:01:47.400 --> 01:01:50.920] cadmium and of course lead. The study also proved that many of the lip products [01:01:50.920 --> 01:01:54.560] contained very high concentrations of aluminum and titanium, according to the [01:01:54.560 --> 01:01:58.320] San Jose Mercury News. In addition, lipsticks were found to overwhelmingly [01:01:58.320 --> 01:02:02.000] contain hexavalent chromium, which is a carcinogen linked strongly to [01:02:02.000 --> 01:02:05.920] developing stomach cancer in individuals. This current time the FDA does not [01:02:05.920 --> 01:02:09.000] regulate the high content of heavy metals found in lipstick and cosmetic [01:02:09.000 --> 01:02:16.560] materials sold throughout North America. [01:02:16.560 --> 01:02:20.240] The National Rifle Association is meeting in Houston, Texas this weekend and [01:02:20.240 --> 01:02:23.480] already drawing crowds to the amount of tens of thousands of people after [01:02:23.480 --> 01:02:27.160] recent efforts to exert new gun control legislation in the U.S. Congress failed. [01:02:27.160 --> 01:02:30.360] According to Reuters, 70,000 people are expected to appear at the conference [01:02:30.360 --> 01:02:32.920] and rally dubbed the Stand and Fight Rally, which will feature keynote [01:02:32.920 --> 01:02:36.760] speakers like Glenn Beck and politicians including Governor Rick Perry of Texas [01:02:36.760 --> 01:02:40.400] and Governor Bobby Jindal of Louisiana. Houston, currently the United States' [01:02:40.400 --> 01:02:43.820] fourth largest city in population, is already experiencing heightened security [01:02:43.820 --> 01:02:47.220] after a man shot his firearm at Houston's George Bush Intercontinental [01:02:47.220 --> 01:02:50.760] Airport and was later shot dead on the spot apparently by an agent of the [01:02:50.760 --> 01:02:54.200] Department of Homeland Security. This time conflicting reports relay the man [01:02:54.200 --> 01:02:57.360] either committed suicide or was murdered by an agent of Homeland Security. [01:02:57.360 --> 01:03:27.320] However, no evidence exists that it was in fact a suicide. [01:03:27.360 --> 01:03:52.080] Okay, we are back. We're at the Kelton Evers Stevens with our special guest [01:03:52.080 --> 01:03:56.720] Steve Skidmore. And we're going to Paragraph E, Forensic [01:03:56.720 --> 01:04:01.040] Audit Examination. Steve, you want to pick it up? [01:04:01.040 --> 01:04:05.080] Sure, I believe what she's talking about there is an examination or an analysis [01:04:05.080 --> 01:04:13.880] on any of the Tila Respa, HOPA, other violations of consumer protection laws [01:04:13.880 --> 01:04:18.920] in the mortgage closing documents. This is commonly referred to as a mortgage [01:04:18.920 --> 01:04:25.920] audit. And again, my objection to the word audit applies, with the exception of the [01:04:25.920 --> 01:04:31.360] documents that Randy rattled off here a little while ago that do actually go to [01:04:31.360 --> 01:04:36.440] accounting and or accounting errors. Again, she recommends that you interview [01:04:36.440 --> 01:04:39.960] several companies, lots of scams out there. We've already covered that and can [01:04:39.960 --> 01:04:46.260] cost up to $1,000. We already covered that. F, gather information about your [01:04:46.260 --> 01:04:54.040] servicer. Yes. Now, why would you want to gather information about your servicer? [01:04:54.040 --> 01:05:00.480] You want to know who you're dealing with, for one. You want to know if they're [01:05:00.480 --> 01:05:06.680] registered in your state to do business. Quite often we find they're not. Now, you [01:05:06.680 --> 01:05:11.720] might want to go to your Secretary of State's office in your state and check [01:05:11.720 --> 01:05:16.160] for registration requirements. See what the requirements are. There are some [01:05:16.160 --> 01:05:22.120] states that do not require somebody from out of state register their name. They [01:05:22.120 --> 01:05:27.800] can just come in all willy-nilly. This state does. Texas does. Let me address [01:05:27.800 --> 01:05:36.040] this a little bit because this gives up an interesting question. Say Bank of [01:05:36.040 --> 01:05:41.560] America claims to be the servicer. Well, the federal government said that Bank of [01:05:41.560 --> 01:05:47.840] America is a national lending institution and in the case in Utah where the federal [01:05:47.840 --> 01:05:52.160] judge threw Bank of America out of the state because they weren't registered in [01:05:52.160 --> 01:06:00.400] the state, the Fed said they don't have to register. Okay, that's to be a banker. [01:06:00.400 --> 01:06:08.640] If they're coming into the state acting as a servicer, that's a subcontract to do [01:06:08.640 --> 01:06:14.840] debt collection. That would not fall under their banking exclusion. That's a whole [01:06:14.840 --> 01:06:21.120] nother can of worms right there. That's a whole nother animal. I'm glad to see [01:06:21.120 --> 01:06:29.760] that. That is definitely an issue that we need to address. I love first blush [01:06:29.760 --> 01:06:34.880] issues. Well, we'll apply this philosophy in a little bit more detail [01:06:34.880 --> 01:06:38.920] when we start talking about Freddie Mac a little later. Good, good. Okay, go ahead [01:06:38.920 --> 01:06:44.080] then. I'll shut up. That's okay. Yeah, check with your [01:06:44.080 --> 01:06:52.040] secretary of state and see if foreign entities have a requirement to register [01:06:52.040 --> 01:06:57.240] their business name with the secretary of state in order to allow them to conduct [01:06:57.240 --> 01:07:01.880] business in your state. We'll move on because we're going to cover that in [01:07:01.880 --> 01:07:07.480] little further detail. Gather information about the original lender. See above [01:07:07.480 --> 01:07:16.400] related comment. Find the status in your state regarding recording of title [01:07:16.400 --> 01:07:25.840] and foreclosure. I take it she means documents. Yeah, I think you said status. [01:07:25.840 --> 01:07:31.680] It's statutes. Statutes. Oh, I'm sorry. Yes, find the statutes. There you go. [01:07:31.680 --> 01:07:40.720] Those requirements are going to change from state to state. So, yes, always [01:07:40.720 --> 01:07:47.960] refer to your own statutes. Every state should have it. Yes. Otherwise, the [01:07:47.960 --> 01:07:52.920] creation of the county registrar's office, and there's something about this [01:07:52.920 --> 01:07:57.160] that the Republic of Texas didn't understand, and a lot of these legal [01:07:57.160 --> 01:08:01.880] reform guys don't understand, is you can't just go down and file anything you want [01:08:01.880 --> 01:08:10.520] to in the public record. Right. No, the word says public record, but they [01:08:10.520 --> 01:08:16.440] take that to imply that any member of the public can file anything they want to [01:08:16.440 --> 01:08:21.320] in the record, and that is not true. The county registrar was not created by [01:08:21.320 --> 01:08:28.360] the Constitution. The county registrar was created by statute and was created [01:08:28.360 --> 01:08:36.680] by the legislature because we needed it. We needed to be able to ensure an [01:08:36.680 --> 01:08:45.160] investor that if they purchased property in Texas, that they had a place to go and [01:08:45.160 --> 01:08:50.120] they could check to see if there was any claim against this property. And if they [01:08:50.120 --> 01:08:57.240] check this place, then they can trust what they find here, and they don't have [01:08:57.240 --> 01:09:08.440] to look further. If a state does not have a stipulation like Texas does under [01:09:08.440 --> 01:09:16.760] 13.001, that any claim against real property that's not properly filed in [01:09:16.760 --> 01:09:25.480] the public record is void. So while there is no legal requirement that you [01:09:25.480 --> 01:09:31.160] file it, you know, this is a free country and you can screw yourself if you want [01:09:31.160 --> 01:09:37.080] to, because if you don't file it, then you don't have the claim. So every state [01:09:37.080 --> 01:09:42.680] is going to have to have that somewhere. Right. But they will differ a little bit [01:09:42.680 --> 01:09:50.040] in verbiage, but they'll all get to the same place. Investigate MERS, she says. [01:09:50.760 --> 01:09:58.120] Yes. There's a lot of good information out there, good and bad information about [01:09:58.120 --> 01:10:06.520] MERS. Is it in your deed of trust? Now, is it in your deed of trust? Page one of [01:10:06.520 --> 01:10:09.560] the deed of trust will tell you all you need to know. Look right underneath the [01:10:09.560 --> 01:10:13.320] heading or somewhere around the heading, you will find an MIN, a mortgage [01:10:15.000 --> 01:10:20.120] identification number, followed by an 18 digit number. That's your min number. [01:10:22.040 --> 01:10:28.520] Look down further and it will name MERS, mortgage electronic registration system [01:10:28.520 --> 01:10:34.120] as a party to the security instrument. You were going to say, OK, if there is a [01:10:34.120 --> 01:10:42.040] NIN number, that's actually a MERS identification number. Not a mortgage. [01:10:42.040 --> 01:10:48.280] So that one, if it says NIN, it will be MERS. And there's a couple of places to [01:10:48.280 --> 01:10:55.080] look about MERS. MERS is in the document. You got lots of cool stuff. I think the [01:10:55.080 --> 01:11:00.600] guy who actually prepared this document was high on Coke. [01:11:00.600 --> 01:11:10.280] What makes you say that? Well, in definition E defines MERS as the [01:11:10.280 --> 01:11:22.120] beneficiary in a deed of trust. And then at the transfer of property rights [01:11:22.680 --> 01:11:29.080] paragraph is the first paragraph after the definition section. It states that the [01:11:29.080 --> 01:11:37.720] property is transferred to the trustee for the benefit of the trustor and the [01:11:37.720 --> 01:11:47.480] beneficiary. Now, there are two kinds of title on the property. Equitable, legal. [01:11:49.800 --> 01:11:54.600] Beneficiary holds equitable title. He gets to collect the money. [01:11:54.600 --> 01:12:01.320] Legal title is held by the one who gets to do things with the property. And in a [01:12:01.320 --> 01:12:08.040] deed of trust, it is always the trustee who is to hold the legal title. But then [01:12:08.040 --> 01:12:14.200] you go to the very next paragraph. Right under it is where it says transfer of [01:12:14.200 --> 01:12:18.760] property rights. It says it transfers property to the trustee. And then it [01:12:18.760 --> 01:12:25.560] gives the, it describes the property. It will generally give the address and [01:12:25.560 --> 01:12:31.080] refer to appendix A. Appendix A will be one page with the legal description of [01:12:31.080 --> 01:12:37.560] the property on it. Then right after that, paragraph that starts with together [01:12:37.560 --> 01:12:46.840] with, and it states together with all improvements or additions, it's there to [01:12:46.840 --> 01:12:51.560] include anything you add to the property as part of the collateral. So if you add [01:12:51.560 --> 01:12:55.240] an extra room on the house and they foreclose, you can't tear the room down. [01:12:55.240 --> 01:12:59.480] Or if you put an outbuilding on the property, you can't remove it. Becomes [01:12:59.480 --> 01:13:04.440] part of the security agreement. But when they put MERS in the mix, they added a [01:13:04.440 --> 01:13:10.360] section in there that said that you agree that MERS does not hold beneficial [01:13:10.360 --> 01:13:22.200] interest, but only holds legal title. Now, wait a minute. If this were a deed of [01:13:22.200 --> 01:13:33.240] trust, the trustee would hold legal title. Not MERS. So let's go back to what a [01:13:33.240 --> 01:13:43.400] deed of trust is. A deed of trust is a grant from the borrower to the lender of [01:13:43.400 --> 01:13:51.240] certain privileges with stipulations. First, it's a mortgage in that it grants [01:13:51.240 --> 01:13:56.120] a claim to the lender against the property. When you borrow money, they get [01:13:56.120 --> 01:14:01.960] a claim against you personally. That's not enough. They want their investment [01:14:01.960 --> 01:14:06.040] protected, so they want a claim against the property. And you confess that claim [01:14:06.040 --> 01:14:11.240] against the property. So instead of suing you, they can sue the property in [01:14:11.240 --> 01:14:18.120] rem first and take the property. And in a deed of trust, that's in a mortgage [01:14:18.120 --> 01:14:22.520] state, in a deed of trust state, they don't even have to go to court because [01:14:22.520 --> 01:14:26.520] you confessed the judgment. In a mortgage state, they can sue the [01:14:26.520 --> 01:14:30.440] property in the court and get the judgment. Deed of trust state, they don't [01:14:30.440 --> 01:14:35.960] even have to sue. You already confessed the judgment. You granted them those [01:14:35.960 --> 01:14:43.640] benefits with stipulations. And there's a number of them in the deed of trust. [01:14:46.520 --> 01:14:53.240] The addition of MERS named as beneficiary in paragraph E. Steve, if you [01:14:53.240 --> 01:14:56.360] loan me money to buy a house and you want me to write you a deed of trust, [01:14:56.360 --> 01:15:01.000] what if I say, okay, okay, I'll write you a deed of trust, but I don't want [01:15:01.000 --> 01:15:07.800] you to collect the money. I want Jerry to collect the money. And I don't like [01:15:07.800 --> 01:15:16.360] your representative, your lawyer, so I want Eddie to be your lawyer. What [01:15:16.360 --> 01:15:18.680] power do I have to do that? [01:15:20.520 --> 01:15:25.320] You don't. I mean, if Eddie could be my lawyer, hey, I would agree with you. [01:15:25.320 --> 01:15:27.560] I mean, I'd go for that. [01:15:28.200 --> 01:15:32.200] But see, I don't have power to make that grant. [01:15:32.200 --> 01:15:32.680] That's right. [01:15:34.040 --> 01:15:37.720] For 200 years, the lender never had to sign the contract. [01:15:37.720 --> 01:15:41.960] You cannot convey or grant powers that you do not possess. [01:15:42.520 --> 01:15:47.160] Exactly. There's only one party to that contract who could grant that. [01:15:47.160 --> 01:15:47.400] Right. [01:15:48.120 --> 01:15:49.400] And how would he do that? [01:15:51.960 --> 01:15:53.400] By affirming the contract. [01:15:53.400 --> 01:15:57.240] For 200 years, the lender never had to sign the contract because they didn't [01:15:57.240 --> 01:16:02.280] make any concessions. When they put MERS in the mix, the lender had to sign [01:16:03.240 --> 01:16:09.880] to affirm the concessions that they were making to MERS, but they didn't. [01:16:11.320 --> 01:16:18.040] So we don't call this crapola about MERS don't have a beneficial interest, [01:16:18.040 --> 01:16:22.040] blah, blah. We don't care about a lot of stuff. We go back to the contract, [01:16:22.040 --> 01:16:26.440] MERS was never affirmed by the lender, so they have no standing. [01:16:26.440 --> 01:16:29.640] And the deed of trust is no trust. [01:16:30.520 --> 01:16:38.040] It is a grant and 21.002 of the Texas business and commerce code for bits [01:16:38.040 --> 01:16:43.000] to borrow the lender from requiring the borrower to transfer the property [01:16:43.000 --> 01:16:43.640] to the lender. [01:16:43.640 --> 01:16:49.240] It is in direct violation of state law and is void on its face. [01:16:49.240 --> 01:16:53.960] Randy Kelton, Deborah Stevens, Rule of Law Radio here with our special guest, [01:16:53.960 --> 01:17:23.800] Steve Skidmore. We'll be right back. [01:17:24.520 --> 01:17:28.520] Ain't I a sight compared to what I used to be? [01:17:30.760 --> 01:17:35.160] Calcium, magnesium, selenium, and zinc. [01:17:35.800 --> 01:17:41.000] Take a moment now and think, if you have a little drink, [01:17:41.800 --> 01:17:45.800] every day will bring the life that you've been looking for. 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[01:19:29.560 --> 01:19:37.560] Well, ain't gonna fool me with that same old trick again. [01:19:38.440 --> 01:19:42.760] I was blindsided but now I can see your plan. [01:19:42.760 --> 01:19:48.680] You put the fear in my pockets, took the money from my hand. [01:19:48.680 --> 01:19:52.680] Ain't gonna fool me with that same old trick again. [01:20:03.880 --> 01:20:09.240] Okay, we are back and we are almost through with the first section, [01:20:09.240 --> 01:20:12.840] and there's three or four more sections to go. [01:20:12.840 --> 01:20:17.160] Steve, you want to pick up on get copies of all court records? [01:20:17.160 --> 01:20:20.440] All court records, yes, if there are any. [01:20:21.560 --> 01:20:26.200] You know, if you come into a situation or you start digging into a situation [01:20:26.200 --> 01:20:31.320] and there's something already filed in court, get a copy of everything that's in that record. [01:20:33.160 --> 01:20:37.320] Let's make the stipulation between court and county recorder. [01:20:37.320 --> 01:20:41.080] County, yes, because we'd mentioned the county records earlier. [01:20:41.080 --> 01:20:43.720] The court records are something completely different. [01:20:43.720 --> 01:20:49.480] Though court records are public records, they are not at the county recorder's office. [01:20:49.480 --> 01:20:54.600] They will be in the court in where an action is filed. [01:20:55.400 --> 01:20:59.560] So if you're, let's say you're talking about a forcible detainer, [01:21:00.680 --> 01:21:06.920] your property is going to be within the physical boundaries of a JP jurisdiction, [01:21:06.920 --> 01:21:08.520] a justice court jurisdiction. [01:21:08.520 --> 01:21:10.360] That's your lowest court in your state. [01:21:11.080 --> 01:21:16.920] We call a justice court here in Texas, some small claims court. [01:21:16.920 --> 01:21:24.280] This is where all evictions are heard because there is one issue on the table, [01:21:24.280 --> 01:21:27.640] and that is the right to possess the property. [01:21:27.640 --> 01:21:31.800] That is the right of possession under which a writ of possession is issued. [01:21:31.800 --> 01:21:38.120] But if there is something that is like in a district court, state, federal court, whatever, [01:21:38.680 --> 01:21:42.120] go get a copy of everything on there and bring yourself up to speed [01:21:42.120 --> 01:21:44.920] on where you stand in the situation. [01:21:46.920 --> 01:21:52.360] Next line is get copies of all transcripts from court records and phone calls. [01:21:52.360 --> 01:21:56.440] I'm kind of puzzled by phone calls, but let's talk about transcripts. [01:21:56.440 --> 01:21:58.760] Some transcripts can be very expensive. [01:21:58.760 --> 01:22:06.760] $400, $500, $600, $800, $1,000, it depends on how long a transcript you're talking about. [01:22:08.760 --> 01:22:15.160] You'll have to find out who the court reporter was, the stenographer, they're in court, [01:22:15.720 --> 01:22:19.080] and order that from that court reporter. [01:22:20.360 --> 01:22:21.880] That's how they make their bread and butter. [01:22:21.880 --> 01:22:30.280] Yes, and I would suggest that you check the court record first to see if somebody else [01:22:30.280 --> 01:22:35.560] has already requested the records and filed them into the court. [01:22:35.560 --> 01:22:38.360] If they're already filed in, you don't have to pay for them. [01:22:38.360 --> 01:22:42.200] Yes, yes, because they're already there. [01:22:45.800 --> 01:22:50.440] Only get transcripts if you're filing an appeal or something, [01:22:50.440 --> 01:22:55.880] something where you have to have them because they can be prohibitively expensive. [01:22:58.280 --> 01:23:08.520] Say, for instance, the attorney for the bank lies on the record and says that, [01:23:08.520 --> 01:23:15.640] well, this company wasn't headquartered in that state, it was headquartered over there [01:23:15.640 --> 01:23:20.680] in some other state, and you know full well it was like an Ohio corporation or a Florida [01:23:20.680 --> 01:23:26.280] corporation or whatever, Texas corporation, wherever it is headquartered, wherever it [01:23:26.280 --> 01:23:30.120] has its charter registered, that's where it was incorporated. [01:23:31.400 --> 01:23:37.320] So if you know you're dealing with, say, a New York corporation and the attorney says, [01:23:37.320 --> 01:23:40.600] well, that was a Texas corporation, that's aggravated perjury. [01:23:40.600 --> 01:23:45.960] And it's collateral estoppel. [01:23:45.960 --> 01:23:48.360] And it is collateral estoppel, yes. [01:23:48.360 --> 01:23:50.680] Look for collateral estoppel. [01:23:50.680 --> 01:23:53.000] You can stop them dead in their tracks right there. [01:23:53.640 --> 01:24:01.240] Sometimes it doesn't go to perjury, but what the court says is you cannot go into one court, [01:24:01.240 --> 01:24:08.600] no matter where it's at, and take one position, come into another court and take a diametrically [01:24:08.600 --> 01:24:16.120] opposed position, like the instance where HSBC would, I'm sorry, Deutsche Bank, went [01:24:16.120 --> 01:24:22.200] to the court in California when sued by Bank of America and said, now wait a minute, we [01:24:22.200 --> 01:24:24.360] don't have any interest in that property. [01:24:25.800 --> 01:24:33.640] And then they, Deutsche Bank tried to foreclose on a property that was in that group to someone [01:24:33.640 --> 01:24:34.760] that was working with me. [01:24:34.760 --> 01:24:39.160] Oops. [01:24:39.160 --> 01:24:41.640] In that other court, they said they didn't have a claim. [01:24:41.640 --> 01:24:44.280] They cannot come into this court and say they do. [01:24:44.280 --> 01:24:46.120] That goes to collateral estoppel. [01:24:46.120 --> 01:24:47.160] There you go. [01:24:49.240 --> 01:24:49.800] Okay. [01:24:49.800 --> 01:24:51.000] And recorded calls. [01:24:52.920 --> 01:25:00.040] Never, ever talk to them on the telephone unless you have it recorded. [01:25:00.040 --> 01:25:00.840] Agreed. [01:25:00.840 --> 01:25:05.720] And also check your wiretapping if you're going to record a conversation with someone, [01:25:05.720 --> 01:25:07.720] check your state's wiretapping laws. [01:25:08.520 --> 01:25:15.320] Some states forbid that you record a call without notifying both sides. [01:25:15.320 --> 01:25:21.960] That is that if you agree to record your conversation, you can, like here in Texas. [01:25:21.960 --> 01:25:26.120] But in some states, if you're going to record someone else, you have to inform them that [01:25:26.120 --> 01:25:27.240] you're going to record it. [01:25:27.240 --> 01:25:31.800] And the only one that I know of is Pennsylvania. [01:25:31.800 --> 01:25:32.520] Pennsylvania. [01:25:32.520 --> 01:25:34.280] And in Pennsylvania, it's a big deal. [01:25:34.280 --> 01:25:35.480] It's a felony. [01:25:35.480 --> 01:25:35.800] Yes. [01:25:36.440 --> 01:25:39.240] So if you have any doubt, inform them. [01:25:39.240 --> 01:25:39.960] Check it out. [01:25:39.960 --> 01:25:40.680] Yeah. [01:25:40.680 --> 01:25:42.840] And if they object to it, bye. [01:25:45.000 --> 01:25:47.800] They object to it, that means they intend to lie to you. [01:25:48.520 --> 01:25:49.000] That's right. [01:25:50.440 --> 01:25:52.200] Yeah, that would be the test of implication. [01:25:52.200 --> 01:25:56.360] So be careful with that. [01:25:56.360 --> 01:25:58.680] Avoid talking to them anytime you can. [01:25:59.240 --> 01:25:59.720] Yeah. [01:25:59.720 --> 01:26:05.880] It's much better to get it in writing because when it gets to you, it's got their letterhead [01:26:05.880 --> 01:26:06.120] on it. [01:26:06.120 --> 01:26:06.840] They can't deny it. [01:26:09.640 --> 01:26:10.360] Okay. [01:26:10.360 --> 01:26:11.080] Complaints. [01:26:11.080 --> 01:26:12.520] My favorite part. [01:26:12.520 --> 01:26:13.000] Yes. [01:26:13.640 --> 01:26:14.440] Complaints. [01:26:14.440 --> 01:26:15.720] Notary complaints. [01:26:16.520 --> 01:26:17.720] Oh, file complaints. [01:26:17.720 --> 01:26:19.240] Section two, file complaints. [01:26:19.240 --> 01:26:20.600] A, notary complaints. [01:26:20.600 --> 01:26:28.440] One, research the state and notary laws and file a complaint on each non-conforming action. [01:26:29.960 --> 01:26:33.880] Now, who would you file that complaint with? [01:26:34.520 --> 01:26:36.120] Your secretary of state. [01:26:36.120 --> 01:26:40.760] Well, here in the state of Texas, notaries are regulated by the secretary of state. [01:26:40.760 --> 01:26:43.320] And I believe it's the same in most other states. [01:26:43.320 --> 01:26:47.320] That way in every state except Washington, D.C. [01:26:47.320 --> 01:26:49.320] Oh. [01:26:49.320 --> 01:26:52.200] Washington, D.C., it's the mayor's office. [01:26:52.760 --> 01:26:53.320] Very good. [01:26:54.520 --> 01:26:57.320] Because we have someone who filed one there. [01:26:57.880 --> 01:27:06.280] And this may be the single most dangerous place for the banks. [01:27:08.040 --> 01:27:13.480] I can't, it just astounds me at how arrogant they are. [01:27:13.480 --> 01:27:21.480] They'll screw up this notary to save a couple of bucks or a little inconvenience. [01:27:22.920 --> 01:27:29.160] For them to file a document with a bogus notary on it, that is a felony. [01:27:29.960 --> 01:27:30.840] Each one. [01:27:31.800 --> 01:27:32.280] Yep. [01:27:32.840 --> 01:27:35.400] These guys got to be out of their minds. [01:27:35.400 --> 01:27:41.880] And I was just writing up one today and I called the guy and I said, well, I'm down to the notary section. [01:27:41.880 --> 01:27:49.240] Did you send out a request for the evidence of authentication? [01:27:50.200 --> 01:27:58.840] If you look on the Remedies of Real Estate site, the section there for the free forensic analysis, you click on that. [01:27:59.400 --> 01:28:10.280] And the directions, one of the first places it'll take you to is the section where I have a PDF notary request you fill in the blanks on and you can download. [01:28:10.280 --> 01:28:21.720] And send that to the notary and you ask for the day before for all evidence of all authentications from the day before to the day after the date on your document. [01:28:21.720 --> 01:28:27.160] And best you have somebody other than you send it so they don't know which one to forge. [01:28:27.160 --> 01:28:37.080] And that's why we asked for the three days and we have never got a valid one back. [01:28:37.080 --> 01:28:41.000] I think my favorite one was Brian in Sacramento. [01:28:41.880 --> 01:28:44.520] He was a commercial real estate agent. [01:28:45.320 --> 01:28:52.440] He personally knew the notary because he had seen him at a number of commercial closings. [01:28:52.440 --> 01:28:58.840] He sent a letter to the secretary of state and he sent a letter to the notary and it came back. [01:28:58.840 --> 01:29:03.320] He went to the secretary of state to get a current address because the secretary of state should have one. [01:29:03.880 --> 01:29:06.280] The secretary of state never heard of this guy. [01:29:06.280 --> 01:29:10.280] Uh oh. [01:29:10.280 --> 01:29:12.280] Dog meat. [01:29:12.280 --> 01:29:14.280] Yeah. [01:29:14.280 --> 01:29:16.280] Without acknowledgement. [01:29:16.280 --> 01:29:18.280] Oh boy. [01:29:18.280 --> 01:29:28.280] 13.001 says if a document is not properly authenticated, something else is proven. [01:29:28.280 --> 01:29:30.280] It's void. [01:29:30.280 --> 01:29:32.280] Yeah. [01:29:32.280 --> 01:29:38.280] That document because the notary is invalid is insufficient for filing. [01:29:38.280 --> 01:29:40.280] The judge may say well did you sign it? [01:29:40.280 --> 01:29:42.280] I signed one. [01:29:42.280 --> 01:29:50.280] But regardless of that, the statutory rules say this is insufficient for filing in this counting record. [01:29:50.280 --> 01:29:56.280] This is Randy Kelton Stevens with our radio here with our special guest Steve Skidmore. [01:29:56.280 --> 01:30:00.280] We'll open up the phones in the next hour. [01:30:00.280 --> 01:30:02.280] Is noisy work killing you? [01:30:02.280 --> 01:30:04.280] Could be, say researchers. [01:30:04.280 --> 01:30:08.280] A new study finds that hearing loss may be the least of your health worries in a loud workplace. [01:30:08.280 --> 01:30:14.280] I'm Dr. Katherine Albrecht and I'll be back to tell you more in just a moment. [01:30:14.280 --> 01:30:22.280] Your search engine is watching you, recording all your searches and creating a massive database of your personal information. [01:30:22.280 --> 01:30:24.280] That's creepy. [01:30:24.280 --> 01:30:26.280] But it doesn't have to be that way. [01:30:26.280 --> 01:30:28.280] Startpage.com is the world's most private search engine. [01:30:28.280 --> 01:30:32.280] Startpage doesn't store your IP address, make a record of your searches or use tracking cookies. [01:30:32.280 --> 01:30:34.280] And they're third party certified. [01:30:34.280 --> 01:30:38.280] If you don't like big brothers spying on you, start over with Startpage. [01:30:38.280 --> 01:30:41.280] Great search results and total privacy. [01:30:41.280 --> 01:30:44.280] Startpage.com, the world's most private search engine. [01:30:44.280 --> 01:30:47.280] Noise at work could be killing you, literally. [01:30:47.280 --> 01:30:52.280] A new study looked at employees who worked in noisy environments for at least a year and a half. [01:30:52.280 --> 01:30:57.280] They found their risk of serious heart trouble was triple that of employees who worked in a quiet environment. [01:30:57.280 --> 01:30:59.280] What is a noisy workspace? [01:30:59.280 --> 01:31:03.280] Researchers say if you have to raise your voice to carry on a normal conversation, it's noisy. [01:31:03.280 --> 01:31:09.280] By that definition, more than 22 million Americans face noise hazards on the job every day. [01:31:09.280 --> 01:31:14.280] If finding a quieter job isn't an option, take precautions to help offset the effects of noise. [01:31:14.280 --> 01:31:19.280] Use earplugs, take good care of yourself and limit the other stressors in your life. [01:31:19.280 --> 01:31:21.280] I'm Dr. Catherine Albrecht. [01:31:21.280 --> 01:31:32.280] More news and information at CatherineAlbrecht.com. [01:31:32.280 --> 01:31:40.280] Here at Zombie Killer Ammo and Guns, we believe that the Second Amendment guarantees our rights as citizens to be able to defend ourselves and our loved ones. [01:31:40.280 --> 01:31:45.280] We also believe that the right to carry weapons comes with the responsibility of being safe and smart about guns. [01:31:45.280 --> 01:31:52.280] So if you're going to be in the Corpus Christi area, give us a call at 361-704-6103. [01:31:52.280 --> 01:31:56.280] Ask for Chris or Portia and mention this radio ad for a 10% discount. [01:31:56.280 --> 01:32:02.280] We can ship ammo, parts, and accessories. Like us on Facebook at Zombie Killers, LLC. [01:32:02.280 --> 01:32:11.280] At HempUSA.org, we offer chemical-free products to people around the world, detoxifying, self-healing, while rebuilding the immune system. 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[01:32:57.280 --> 01:33:02.280] See what our powder, seeds, and oil can do for you at HempUSA.org. [01:33:02.280 --> 01:33:14.280] Looking for some truth? You found it. LogosRadioNetwork.com [01:33:32.280 --> 01:33:46.280] The wicked come with temptation. They're trying to buy the whole place. [01:33:46.280 --> 01:33:50.280] Okay, we are back. We're Andy Calton, Deborah Stevens, Roovelaw Radio. [01:33:50.280 --> 01:33:55.280] We're talking to our special guest, Steve Skidmore, and we're talking about notary complaints. [01:33:55.280 --> 01:33:56.280] Yes. [01:33:56.280 --> 01:34:03.280] First thing, you send out the notary complaint, the notary request, and that goes to open records. [01:34:03.280 --> 01:34:08.280] Most states have a 10 to 15 day time limit for them to respond. [01:34:08.280 --> 01:34:11.280] And then you can go to the secretary of state. [01:34:11.280 --> 01:34:19.280] If your letter bounces back to you, then you go to the secretary of state, and I have a letter for that purpose, [01:34:19.280 --> 01:34:30.280] asking for the current address for the notary and the signatory page of their license application. [01:34:30.280 --> 01:34:35.280] That gives you a copy of their official signature. [01:34:35.280 --> 01:34:36.280] Right. [01:34:36.280 --> 01:34:39.280] And you get to compare it to what you see on the documents. [01:34:39.280 --> 01:34:46.280] And a lot of times you'll get back from the secretary of state that they don't show this person as a notary. [01:34:46.280 --> 01:34:53.280] And that can happen if you have an old document and the notary has stopped being a notary. [01:34:53.280 --> 01:34:57.280] The secretary of states don't always keep historical records. [01:34:57.280 --> 01:34:59.280] Their commission expired, yeah. [01:34:59.280 --> 01:35:05.280] So you might ask them to check their archives or they don't tell you about the historical. [01:35:05.280 --> 01:35:07.280] They tell you about the current. [01:35:07.280 --> 01:35:13.280] You can have them go back and check and see what the last address they had on it is. [01:35:13.280 --> 01:35:19.280] But if there should be current and you don't have it, then you file a complaint with the secretary of state. [01:35:19.280 --> 01:35:21.280] This is what Frances did. [01:35:21.280 --> 01:35:26.280] And she was going to an unlawful detainer here where she is already beginning to pack. [01:35:26.280 --> 01:35:27.280] We're going to throw her out. [01:35:27.280 --> 01:35:30.280] She had about given up by this point. [01:35:30.280 --> 01:35:33.280] And she sent a request to the notary. [01:35:33.280 --> 01:35:35.280] She didn't get a response. [01:35:35.280 --> 01:35:39.280] She filed a complaint with the secretary of state. [01:35:39.280 --> 01:35:50.280] The secretary of state contacted the notary and notified the notary that they were instituting a license revocation hearing. [01:35:50.280 --> 01:35:56.280] She went into the unlawful detainer court with her motion. [01:35:56.280 --> 01:36:08.280] And when the judge got to the part that said that the secretary of state was holding a hearing on the validity of the verification on one of these documents, [01:36:08.280 --> 01:36:12.280] he said, oh, somebody throw on the brakes. [01:36:12.280 --> 01:36:16.280] He is not screwing with the secretary of state. [01:36:16.280 --> 01:36:18.280] You are out of here. [01:36:18.280 --> 01:36:21.280] So that was incredible. [01:36:21.280 --> 01:36:24.280] And, you know, this is something nobody thinks about. [01:36:24.280 --> 01:36:26.280] It's a wrench in the gears. [01:36:26.280 --> 01:36:30.280] You know, that's the only way we're going to get ahead of the game is to think of ways. [01:36:30.280 --> 01:36:35.280] Because, you know, there's there's been a lot of things thrown at the court that just bounces back with blood on it. [01:36:35.280 --> 01:36:38.280] And I, you know, I don't like that. [01:36:38.280 --> 01:36:39.280] I like remedy. [01:36:39.280 --> 01:36:41.280] I don't like working for remedy. [01:36:41.280 --> 01:36:42.280] I like getting to the remedy. [01:36:42.280 --> 01:36:43.280] Exactly. [01:36:43.280 --> 01:36:47.280] And this is where it's easier to get the judges to give you a ruling. [01:36:47.280 --> 01:36:49.280] This one was purely political. [01:36:49.280 --> 01:36:52.280] Didn't have anything to do with law. [01:36:52.280 --> 01:37:01.280] It only had to do with the fact that the secretary of state did not want, I'm sorry, the justice of the peace did not want the secretary of state crawling down his throat. [01:37:01.280 --> 01:37:02.280] Nope. [01:37:02.280 --> 01:37:04.280] That was all there was to that one. [01:37:04.280 --> 01:37:11.280] And the other one goes to all of the signatories on your documents. [01:37:11.280 --> 01:37:23.280] We have never, ever gotten anyone to verify that the person who signed their document had power of attorney. [01:37:23.280 --> 01:37:27.280] Now, you can go to the court and say, your honor, let's got a robo signer. [01:37:27.280 --> 01:37:29.280] Why, his name splattered all over the Internet. [01:37:29.280 --> 01:37:32.280] The judge is going to say so. [01:37:32.280 --> 01:37:36.280] That doesn't mean he doesn't have authority to sign here. [01:37:36.280 --> 01:37:41.280] So now you go to the judge and say, your honor, this guy has a robo signer, his name splattered all over the Internet. [01:37:41.280 --> 01:37:49.280] So we sent a letter to MERS and asked MERS to provide us with evidence of power of attorney for this person to sign for them. [01:37:49.280 --> 01:37:52.280] And we did not get a response. [01:37:52.280 --> 01:37:58.280] And that created the adverse inference that he did not have that authority. [01:37:58.280 --> 01:38:01.280] That's something the judge can wrap his head around. [01:38:01.280 --> 01:38:06.280] It's something he can give you a ruling on and not change the world as he knows it. [01:38:06.280 --> 01:38:09.280] Okay. [01:38:09.280 --> 01:38:13.280] We want to 3949A. [01:38:13.280 --> 01:38:15.280] Okay. [01:38:15.280 --> 01:38:21.280] She's suggesting IRS form 3949A. [01:38:21.280 --> 01:38:33.280] And if you go, if you throw that into your favorite search engine, you'll find this form online at the IRS.gov and all the rest of it. [01:38:33.280 --> 01:38:35.280] Looks like a pretty standard form. [01:38:35.280 --> 01:38:38.280] What this is, it appears to be a complaint form. [01:38:38.280 --> 01:38:42.280] It is titled information referral. [01:38:42.280 --> 01:38:49.280] But there's a section down here, section four, that says alleged violation of income tax law. [01:38:49.280 --> 01:38:51.280] Check all that apply. [01:38:51.280 --> 01:38:55.280] It's got several things. [01:38:55.280 --> 01:39:03.280] False exemption, false deduction, multiple filings, so on and so forth. [01:39:03.280 --> 01:39:05.280] And the last one says other. [01:39:05.280 --> 01:39:07.280] Describe below. [01:39:07.280 --> 01:39:08.280] Okay. [01:39:08.280 --> 01:39:12.280] I put this in front of Randy over the break and it blew top his head off. [01:39:12.280 --> 01:39:22.280] If you were to have a securitization audit, let's pick on Bank of America, the easiest target in America. [01:39:22.280 --> 01:39:27.280] Let's say Bank of America sends you a 1099C. [01:39:27.280 --> 01:39:33.280] Keep in mind they may send you a 1099A, but that is an abandonment. [01:39:33.280 --> 01:39:37.280] That does not mean that they've written it off on their taxes. [01:39:37.280 --> 01:39:40.280] The 1099C is a forgiveness. [01:39:40.280 --> 01:39:44.280] That one means they wrote it off on their taxes. [01:39:44.280 --> 01:40:01.280] Now, if you are fortunate enough to have a securitization audit that shows that Bank of America did not own that debt, what do you think the IRS is going to think about that, Randy? [01:40:01.280 --> 01:40:09.280] I think they might want to put somebody in prison, the one who signed the document. [01:40:09.280 --> 01:40:11.280] Don't you think that'd be a little fun? [01:40:11.280 --> 01:40:19.280] When you're talking about politics, the IRS is definitely one of the elephants in the corner. [01:40:19.280 --> 01:40:20.280] Yeah. [01:40:20.280 --> 01:40:28.280] All of these judges may be afraid of the banks, but the IRS is not... [01:40:28.280 --> 01:40:34.280] I like to refer to the IRS as being like electricity. [01:40:34.280 --> 01:40:35.280] It doesn't care who you are. [01:40:35.280 --> 01:40:39.280] It will shock the living daylights out of you. [01:40:39.280 --> 01:40:43.280] This one's great for getting their attention. [01:40:43.280 --> 01:40:44.280] Yes. [01:40:44.280 --> 01:40:45.280] Okay. [01:40:45.280 --> 01:40:50.280] We've got one more segment, so we're going to move on along. [01:40:50.280 --> 01:40:51.280] Okay. [01:40:51.280 --> 01:40:55.280] Next one's USPS, United Postal Service. [01:40:55.280 --> 01:40:56.280] Yes. [01:40:56.280 --> 01:41:00.280] File a complaint with USPS about every fraudulent document you receive. [01:41:00.280 --> 01:41:02.280] Let's pause right there. [01:41:02.280 --> 01:41:09.280] Fraud should probably be proven before any notification to the US Postal Service. [01:41:09.280 --> 01:41:14.280] You don't want to get accused of filing false reports. [01:41:14.280 --> 01:41:17.280] You can't just run around claiming fraud here, fraud there. [01:41:17.280 --> 01:41:21.280] Fraud must be proven, and it's not that easy. [01:41:21.280 --> 01:41:28.280] But if you've got, and you cannot claim suspicion, that's not enough. [01:41:28.280 --> 01:41:37.280] Once fraud has been proven, now you can contact the Postmaster General, because now, if you've [01:41:37.280 --> 01:41:44.280] got fraudulent documents that have a US Postal stamp on it, and it's been sent through the [01:41:44.280 --> 01:41:46.280] mail, you got mail fraud. [01:41:46.280 --> 01:41:47.280] Yeah. [01:41:47.280 --> 01:41:50.280] So let me qualify proven. [01:41:50.280 --> 01:42:00.280] For the purposes of making the accusation, you do not need sufficient proof to convict, [01:42:00.280 --> 01:42:05.280] only a preponderance of 50%. [01:42:05.280 --> 01:42:06.280] Mm-hmm. [01:42:06.280 --> 01:42:07.280] Okay. [01:42:07.280 --> 01:42:11.280] If you have reasonable probable cause to believe. [01:42:11.280 --> 01:42:20.880] I have this document purporting to appoint a substitute trustee, JP Morgan Chase appoints [01:42:20.880 --> 01:42:22.980] this substitute trustee. [01:42:22.980 --> 01:42:28.580] But if I look back in the record, there's nothing in the record that authorizes JP Morgan [01:42:28.580 --> 01:42:33.340] Chase to appoint anyone. [01:42:33.340 --> 01:42:53.840] And according to 51901 B2A, I'm sorry, CB, 51901, I think it's C2B, anyway, look in there, [01:42:53.840 --> 01:42:56.440] there's a definition of what a fraudulent document is. [01:42:56.440 --> 01:42:59.320] You're talking about the government code? [01:42:59.320 --> 01:43:01.800] Yeah, Texas government code. [01:43:01.800 --> 01:43:02.800] Yeah. [01:43:02.800 --> 01:43:03.800] I forgot that. [01:43:03.800 --> 01:43:04.800] I forgot that. [01:43:04.800 --> 01:43:08.880] But it's got a real good definition of what a fraudulent document is. [01:43:08.880 --> 01:43:15.600] And that's a document for which there is no document granting that entity, that person [01:43:15.600 --> 01:43:23.720] or entity, the power to affect the title, the way the document claims that it's affecting [01:43:23.720 --> 01:43:26.280] it, and that's presumed to be fraud. [01:43:26.280 --> 01:43:32.880] That's enough to support mail fraud and tamper the government document. [01:43:32.880 --> 01:43:38.600] I had a friend who was in the mail order business and he said, do you think the feds would get [01:43:38.600 --> 01:43:39.600] the eyes bad? [01:43:39.600 --> 01:43:44.360] You ain't lived until you had the postal inspectors after you. [01:43:44.360 --> 01:43:45.360] Yeah. [01:43:45.360 --> 01:43:51.320] This is Randy Kelton, Deborah Stevens with our special guest. [01:43:51.320 --> 01:43:53.440] Who are you, Steven Skidmark? [01:43:53.440 --> 01:43:54.440] Yeah. [01:43:54.440 --> 01:43:56.440] Something like that. [01:43:56.440 --> 01:43:58.240] Something like that. [01:43:58.240 --> 01:44:02.320] We'll be right back with Turn This Phone. [01:44:02.320 --> 01:44:07.280] It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so [01:44:07.280 --> 01:44:11.040] easy and neither is finding like-minded people to share it with. [01:44:11.040 --> 01:44:13.920] Oh, well, I guess you haven't heard of Brave New Books then. [01:44:13.920 --> 01:44:15.160] Brave New Books? [01:44:15.160 --> 01:44:16.160] Yes. [01:44:16.160 --> 01:44:20.280] Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, [01:44:20.280 --> 01:44:22.280] Ron Paul, and G. Edward Griffin. [01:44:22.280 --> 01:44:26.360] They even stock inner food, Berkey products, and Calvin soaps. [01:44:26.360 --> 01:44:28.600] There's no way a place like that exists. [01:44:28.600 --> 01:44:30.080] Go check it out for yourself. [01:44:30.080 --> 01:44:34.080] It's downtown at 1904 Guadalupe Street, just south of UT. [01:44:34.080 --> 01:44:37.840] By UT, there's never anywhere to park down there. [01:44:37.840 --> 01:44:43.040] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking [01:44:43.040 --> 01:44:46.080] facility, just behind the bookstore. [01:44:46.080 --> 01:44:49.040] It does exist, but when are they open? [01:44:49.040 --> 01:44:53.840] Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays. [01:44:53.840 --> 01:45:00.040] So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com. [01:45:00.040 --> 01:45:06.160] Are you the plaintiff or defendant in a lawsuit? [01:45:06.160 --> 01:45:12.960] Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course [01:45:12.960 --> 01:45:16.760] that will show you how in 24 hours, step by step. [01:45:16.760 --> 01:45:20.600] If you have a lawyer, know what your lawyer should be doing. [01:45:20.600 --> 01:45:24.960] If you don't have a lawyer, know what you should do for yourself. [01:45:24.960 --> 01:45:29.800] Thousands have won with our step by step course, and now you can too. [01:45:29.800 --> 01:45:36.600] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience. [01:45:36.600 --> 01:45:41.280] Even if you're not in a lawsuit, you can learn what everyone should understand about the [01:45:41.280 --> 01:45:45.400] principles and practices that control our American courts. [01:45:45.400 --> 01:45:51.640] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:51.640 --> 01:45:54.240] pro se tactics, and much more. [01:45:54.240 --> 01:46:24.160] Please visit RuleOfLawRadio.com and click on the banner or call toll-free 866-LAW-EASY. [01:46:24.240 --> 01:46:34.520] Okay, we are back, Randy Kelton, Deborah Stevens, here with our special guest, Steve Skidmore, [01:46:34.520 --> 01:46:38.560] and we're talking about complaints, filing complaints, and we're going to go to the Attorney [01:46:38.560 --> 01:46:42.400] General or law enforcement. [01:46:42.400 --> 01:46:46.220] If you know, yes, if you know about a crime, report it. [01:46:46.220 --> 01:46:49.560] The report is evidence. [01:46:49.560 --> 01:46:54.560] I've got to beg to differ with the statement that the report is evidence. [01:46:54.560 --> 01:46:59.360] The report may contain or lead to evidence, but the report is not evidence itself. [01:46:59.360 --> 01:47:00.360] Okay, yeah. [01:47:00.360 --> 01:47:10.520] Well, if it depends on how the complaint is structured, if the complaint contains within [01:47:10.520 --> 01:47:19.960] the complaint, the affidavit, a complaint can contain the affidavit, then the complaint [01:47:19.960 --> 01:47:23.280] would be evidence as the affidavit is evidence. [01:47:23.280 --> 01:47:31.840] But if the affidavit is large, then a lot of times they say, only before this date, [01:47:31.840 --> 01:47:39.600] this person violated this criminal act fee attached affidavit. [01:47:39.600 --> 01:47:48.840] Then the complaint wouldn't be evidence, but it's evidence in as much as it establishes [01:47:48.840 --> 01:47:57.620] prima facie or probable cause and puts the defendant in the position of having to rebut [01:47:57.620 --> 01:47:59.080] the prima facie evidence. [01:47:59.080 --> 01:48:00.080] Right. [01:48:00.080 --> 01:48:06.420] But it is great for tightening anal sphincter muscles. [01:48:06.420 --> 01:48:13.640] In which case the affidavit may be the evidence, but not the report itself. [01:48:13.640 --> 01:48:20.640] So I was taking that literally because she didn't mention anything about an affidavit. [01:48:20.640 --> 01:48:23.000] Section three, were you ready to go on? [01:48:23.000 --> 01:48:24.000] Yes. [01:48:24.000 --> 01:48:25.000] Let's go. [01:48:25.000 --> 01:48:31.560] Section three notices, find the rule regarding real estate and quiet title in your state. [01:48:31.560 --> 01:48:33.600] Let's stop right there. [01:48:33.600 --> 01:48:34.600] Quiet title. [01:48:34.600 --> 01:48:36.360] What is quiet title? [01:48:36.360 --> 01:48:46.680] A quiet title removes a cloud or quiets any controversy over who owns, who lawfully owns [01:48:46.680 --> 01:48:52.940] title to a piece of real estate or land. [01:48:52.940 --> 01:48:56.480] There are more than one type of quiet title actions. [01:48:56.480 --> 01:49:03.300] There is one titled quiet title, and there's another one that another action that I know [01:49:03.300 --> 01:49:13.080] of that would quiet a title, and that is a suit for trespass to try title. [01:49:13.080 --> 01:49:22.520] In my case, it got down to a point where opposing counsel, the only thing he could have filed [01:49:22.520 --> 01:49:26.640] was a suit for trespass to try title. [01:49:26.640 --> 01:49:32.840] But in my appeal to the county court on the second forcible detainer, I had put in the [01:49:32.840 --> 01:49:39.800] results of my securities analysis, which cut him off at that pass. [01:49:39.800 --> 01:49:46.500] He knew then that he would buy, if he had, if he read anything in that thing, he would [01:49:46.500 --> 01:49:54.640] realize that this was a mountain he could not climb over. [01:49:54.640 --> 01:50:06.940] In Texas, the term quiet title has been downplayed and they prefer the term the trespass to try [01:50:06.940 --> 01:50:07.940] title. [01:50:07.940 --> 01:50:16.080] I've got a treatment of that, and they used to do quiet title suits here, but it's just [01:50:16.080 --> 01:50:17.960] a word change. [01:50:17.960 --> 01:50:28.200] It actually goes to a petition for declaratory judgment, and you have that in every state. [01:50:28.200 --> 01:50:34.740] And a petition for declaratory judgment, you can sue the government with a petition for [01:50:34.740 --> 01:50:37.280] declaratory judgment. [01:50:37.280 --> 01:50:43.000] That does not ask for any monetary damages. [01:50:43.000 --> 01:50:48.840] No one has immunity to that, but a word of caution. [01:50:48.840 --> 01:50:57.860] When you file a petition for declaratory judgment going to title, in Texas, we have a special [01:50:57.860 --> 01:51:10.080] statute government code 51903 that specifically goes to a document creating a lien. [01:51:10.080 --> 01:51:16.880] It does not go to a document transferring a lien or altering a lien claim, it only goes [01:51:16.880 --> 01:51:19.120] to the creation of the lien. [01:51:19.120 --> 01:51:22.380] So you can only file that on the deed of trust. [01:51:22.380 --> 01:51:24.200] Or substitute trustee's deed. [01:51:24.200 --> 01:51:26.960] Yes, yes, that's right. [01:51:26.960 --> 01:51:27.960] Any deed. [01:51:27.960 --> 01:51:28.960] Right. [01:51:28.960 --> 01:51:29.960] Yeah. [01:51:29.960 --> 01:51:42.440] Or, okay, the other one is you do a declaratory judgment first, and if you're going to attack [01:51:42.440 --> 01:51:48.880] these issues, you attack the document first with a petition for declaratory judgment. [01:51:48.880 --> 01:51:55.360] Do not ask the judge to rule on the underlying claim. [01:51:55.360 --> 01:51:59.320] And do not allow the judge to rule on the underlying claim. [01:51:59.320 --> 01:52:00.320] He can't. [01:52:00.320 --> 01:52:01.320] He can. [01:52:01.320 --> 01:52:06.520] I mean, they have, but then the appeals court throws it out. [01:52:06.520 --> 01:52:13.040] So if the judge wants to screw you, he'll add some BS to the ruling that gets the whole [01:52:13.040 --> 01:52:16.080] thing thrown out. [01:52:16.080 --> 01:52:18.400] Goes in the dirty tricks package. [01:52:18.400 --> 01:52:25.760] So you state in your suit, this is a suit to challenge the validity of a document filed [01:52:25.760 --> 01:52:33.880] the suit shall not be construed to challenge any underlying claim. [01:52:33.880 --> 01:52:38.920] That'll keep the judge from pulling a fast one on you, where you think you won, you get [01:52:38.920 --> 01:52:42.600] to this code of appeals and they toss it on you. [01:52:42.600 --> 01:52:47.160] We skipped a little piece up at the very top of this and went right into the list of items, [01:52:47.160 --> 01:52:54.200] but she did point out, and I think it's important to point out that quiet title is not a free [01:52:54.200 --> 01:52:56.240] house. [01:52:56.240 --> 01:53:02.040] They can still come after the underlying debt, but they cannot take the house as the collateral. [01:53:02.040 --> 01:53:06.560] And quiet title doesn't necessarily go to every claim. [01:53:06.560 --> 01:53:13.640] You can go ahead and say, yeah, this person filed this claim against my property and moved [01:53:13.640 --> 01:53:25.720] for quiet title as concerns this particular document or the claim contained in this document. [01:53:25.720 --> 01:53:29.080] And generally, that's why we want you to go get all these records and look at them real [01:53:29.080 --> 01:53:34.880] close and compare them to the statutory filing requirements. [01:53:34.880 --> 01:53:39.100] This is really, really easy for the judge to rule on. [01:53:39.100 --> 01:53:44.400] You say, your honor, look within the four corners of this document. [01:53:44.400 --> 01:53:47.920] There's no need to look anywhere else. [01:53:47.920 --> 01:53:55.200] If you look at the signator, the document was signed, purports to be signed on. [01:53:55.200 --> 01:54:01.440] I've got one that was signed on the sixth and the document shows to have been verified [01:54:01.440 --> 01:54:04.400] on the fourth. [01:54:04.400 --> 01:54:10.560] On the face of the document, the document is void. [01:54:10.560 --> 01:54:15.160] It's easy for the judge to make the ruling if he doesn't have to move off the document [01:54:15.160 --> 01:54:18.520] and draw in information from somewhere else. [01:54:18.520 --> 01:54:28.400] We can do that if the information is definitive, like in this one in Frisco where Wells Fargo [01:54:28.400 --> 01:54:35.880] holds the deed of trust, I'm sorry, Washington Mutual held the deed of trust, but it's out [01:54:35.880 --> 01:54:36.880] of business. [01:54:36.880 --> 01:54:42.080] J.P. Morgan Chase filed this document to make a change and we can put these two documents [01:54:42.080 --> 01:54:51.000] down and say, if this one is valid, there's nothing in between, this one must by law be [01:54:51.000 --> 01:54:53.560] invalid. [01:54:53.560 --> 01:54:55.240] That's all you want to judge to do. [01:54:55.240 --> 01:55:02.480] Once you get the declaratory judgment that the document is bogus, now you go file, trespass [01:55:02.480 --> 01:55:14.680] to try title as concerns the claim that this document supports, then it's res judicata. [01:55:14.680 --> 01:55:20.480] He cannot go back and revisit the declaratory judgment, that's a done deal. [01:55:20.480 --> 01:55:27.000] If you wait 30 days after all appeals are done, if the other side appeals it and you [01:55:27.000 --> 01:55:33.480] get your ruling, wait 30 days, that's when the judge's preliminary jurisdiction ends [01:55:33.480 --> 01:55:35.960] and it is done. [01:55:35.960 --> 01:55:43.000] Another court cannot go back and second guess the first court unless there's something compelling. [01:55:43.000 --> 01:55:57.560] You brought up another good point, you're not asking for any damages, you throw a big [01:55:57.560 --> 01:55:59.160] monkey in your works. [01:55:59.160 --> 01:56:01.480] You sure do. [01:56:01.480 --> 01:56:09.880] Once you get that title quieted to you, now you can go file your, wait 30 days and now [01:56:09.880 --> 01:56:15.160] you can go file your adversary claim in where you can seek damages. [01:56:15.160 --> 01:56:21.080] Go file your tort claim and she moves on to that, she says, if we're ready to go on, she'll [01:56:21.080 --> 01:56:26.520] say in B, file your notices of intent to sue. [01:56:26.520 --> 01:56:31.240] I was going to say there's a technical legal term for what you do after you get the quiet [01:56:31.240 --> 01:56:32.240] title. [01:56:32.240 --> 01:56:33.240] Okay. [01:56:33.240 --> 01:56:36.080] Land on them like a ton of bricks. [01:56:36.080 --> 01:56:37.720] That is a very technical term. [01:56:37.720 --> 01:56:41.920] Yeah, you got to hold your mouth right and say it right. [01:56:41.920 --> 01:56:42.920] Absolutely. [01:56:42.920 --> 01:56:45.960] Now the door's open, now you have res judicata. [01:56:45.960 --> 01:56:51.920] Right and you're going to use that by filing your notice of intent to sue. [01:56:51.920 --> 01:56:59.520] Number one, check the rule in your state will tell you the time limit. [01:56:59.520 --> 01:57:02.320] Filing times are very important. [01:57:02.320 --> 01:57:07.900] Next line, generally the notice of intent to sue must be received 30 days prior to the [01:57:07.900 --> 01:57:10.200] filing of your case. [01:57:10.200 --> 01:57:12.200] And she is correct in there, no argument. [01:57:12.200 --> 01:57:13.200] Three. [01:57:13.200 --> 01:57:16.880] Wait, wait, let me add a little to notice of intent to sue. [01:57:16.880 --> 01:57:17.880] Okay. [01:57:17.880 --> 01:57:19.560] It's actually a tort letter. [01:57:19.560 --> 01:57:20.560] Yes. [01:57:20.560 --> 01:57:24.480] It said, notice that you have harmed me. [01:57:24.480 --> 01:57:27.160] This is how you've harmed me. [01:57:27.160 --> 01:57:34.920] This is the monetary amount of the harm I claim, make me hold or be sued. [01:57:34.920 --> 01:57:39.440] The courts require that you do not use them as the remedy of first resort, but rather [01:57:39.440 --> 01:57:47.120] the remedy of last resort, you must use and take some administrative procedures. [01:57:47.120 --> 01:57:49.960] And the only one they require is that letter. [01:57:49.960 --> 01:57:53.040] You've got to exhaust your administrative procedures. [01:57:53.040 --> 01:57:54.040] Yes. [01:57:54.040 --> 01:57:56.840] And that's all you have to do to exhaust it. [01:57:56.840 --> 01:57:57.840] Okay. [01:57:57.840 --> 01:58:00.120] I hear the music. [01:58:00.120 --> 01:58:01.120] Okay. [01:58:01.120 --> 01:58:02.860] We are getting up toward the second hour. [01:58:02.860 --> 01:58:05.400] We will open the phones. [01:58:05.400 --> 01:58:09.080] So start calling in, get in line. [01:58:09.080 --> 01:58:11.080] We'll keep the phones open the rest of the night. [01:58:11.080 --> 01:58:14.040] We do appreciate your patience. [01:58:14.040 --> 01:58:21.120] We wanted to create this as a good archive with lots of good information. [01:58:21.120 --> 01:58:29.040] If Steve will be agreeable, we may be come back next week and finish this thing off. [01:58:29.040 --> 01:58:31.240] We only got about half of it. [01:58:31.240 --> 01:58:32.240] Not even. [01:58:32.240 --> 01:58:33.240] Well, yeah, about half. [01:58:33.240 --> 01:58:36.040] And it's very good information. [01:58:36.040 --> 01:58:41.920] I think I will take this and put it on my website for people to pull and listen to. [01:58:41.920 --> 01:58:43.760] We want to start making a number of these. [01:58:43.760 --> 01:58:44.760] Okay. [01:58:44.760 --> 01:58:45.760] Give us a call. [01:58:45.760 --> 01:58:46.760] 512-646-1984. [01:58:46.760 --> 01:58:50.980] We'll be right back. [01:58:50.980 --> 01:58:56.400] The Bible remains the most popular book in the world, yet countless readers are frustrated [01:58:56.400 --> 01:58:59.200] because they struggle to understand it. [01:58:59.200 --> 01:59:04.600] Some new translations try to help by simplifying the text, but in the process can compromise [01:59:04.600 --> 01:59:07.840] the profound meaning of the scripture. [01:59:07.840 --> 01:59:09.640] Enter the recovery version. [01:59:09.640 --> 01:59:15.560] First, this new translation is extremely faithful and accurate, but the real story is the more [01:59:15.560 --> 01:59:19.280] than 9,000 explanatory footnotes. [01:59:19.280 --> 01:59:24.280] Profiled and profound passages are opened up in a marvelous way, providing an entrance [01:59:24.280 --> 01:59:28.960] into the riches of the word beyond which you've ever experienced before. [01:59:28.960 --> 01:59:34.140] Bibles for America would like to give you a free recovery version simply for the asking. [01:59:34.140 --> 01:59:44.560] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 [01:59:44.560 --> 01:59:48.640] or by ordering online at freestudybible.com. [01:59:48.640 --> 01:59:56.600] You are listening to the Logos Radio Network, LogosRadioNetwork.com.