[00:00.000 --> 00:10.000] You're listening to the Liberty Beat. Your daily source for Liberty news and activist updates. [00:10.000 --> 00:15.000] Online at TheLibertyBeat.com. [00:15.000 --> 00:20.000] Don Bush here with your Liberty Beat for Friday, September 13th, 2013. [00:20.000 --> 00:25.000] Gold open today at $1,317. Silver at $21.86. [00:25.000 --> 00:30.000] And Bitcoin is trading at $119.86. [00:30.000 --> 00:33.000] Support from the Liberty Beat comes from Sons of Liberty Mint. [00:33.000 --> 00:38.000] Specializing in usable and visible silver and known for their exceptional customer service. [00:38.000 --> 00:41.000] Online at SonsofLibertyMint.com. [00:41.000 --> 00:44.000] That's S-U-M-S of LibertyMint.com. [00:44.000 --> 00:46.000] And from Central Texas Gunworks. [00:46.000 --> 00:50.000] CHL courses, self-defense training, and firearm sales. [00:50.000 --> 00:53.000] Online at CentralTexasGunworks.com. [00:53.000 --> 00:55.000] And now the news. [00:55.000 --> 00:59.000] For more than a month, the Central Intelligence Agency has been delivering light machine guns [00:59.000 --> 01:04.000] and small arms to the Al-Qaeda-linked Syrian rebels, according to anonymous sources [01:04.000 --> 01:08.000] speaking with the Associated Press, the Washington Post, and the Wall Street Journal. [01:08.000 --> 01:13.000] The rebels have also received anti-tank weapons, such as rocket-propelled grenades. [01:13.000 --> 01:21.000] The top rebel commander denied receiving the aid, and the CIA declined to comment on the situation. [01:21.000 --> 01:26.000] On September 11, 2013, a coalition of more than 40 different organizations came together [01:26.000 --> 01:31.000] to host a speaking event in the heart of Times Square underneath a newly erected billboard [01:31.000 --> 01:35.000] that asked the question, did you know a third tower fell on 9-11? [01:35.000 --> 01:39.000] The event was part of ongoing efforts by the Rethink 9-11 campaign, [01:39.000 --> 01:44.000] which has been organized by a number of groups, including the architects and engineers for 9-11 Truth. [01:44.000 --> 01:47.000] Former Congresswoman Cynthia McKinney spoke at the event, [01:47.000 --> 01:51.000] detailing her role in questioning the investigation of the event from the beginning, [01:51.000 --> 01:54.000] specifically challenging then Secretary of Defense Donald Rumsfeld [01:54.000 --> 01:58.000] on his knowledge of financial aspects of the attacks on that day. [01:58.000 --> 02:03.000] The Rethink 9-11 campaign recently released a poll showing that 12 years after the events, [02:03.000 --> 02:07.000] a majority of Americans do not believe the official account of what happened that day [02:07.000 --> 02:09.000] and support a new investigation. [02:09.000 --> 02:15.000] For more information or to support their efforts, visit Rethink911.org. [02:15.000 --> 02:21.000] The Egyptian presidency, with the backing of the military, [02:21.000 --> 02:25.000] announced a two-month extension of a state of emergency on Thursday. [02:25.000 --> 02:28.000] Violence has spread throughout the country in the wake of the military overthrow [02:28.000 --> 02:31.000] of President Mohamed Morsi on July 3. [02:31.000 --> 02:36.000] The military-backed government believes the Muslim Brotherhood is inciting violence throughout the nation. [02:36.000 --> 02:39.000] The military has responded by smashing opposition protests [02:39.000 --> 02:42.000] and killing hundreds of suspected members of the Brotherhood. [02:42.000 --> 02:45.000] Support for the Liberty Beat comes from Carmacazi Productions, [02:45.000 --> 02:48.000] the production house bringing you sovereign living to show, [02:48.000 --> 02:52.000] specializing in high-quality audio recording and video production for the Liberty Movement, [02:52.000 --> 02:56.000] online at carmacazi.tv, and from Cabo Bob's, [02:56.000 --> 03:00.000] the first high-fructose corn syrup-free quick-serve restaurant in the country. [03:00.000 --> 03:12.000] The Liberty Beat is a production of the United States Department of State, [03:12.000 --> 03:20.000] the United States Department of State, and the United States Department of State. [03:20.000 --> 03:30.000] The Liberty Beat is a production of the United States Department of State, [03:30.000 --> 03:40.000] the United States Department of State, and the United States Department of State. [03:40.000 --> 03:50.000] The Liberty Beat is a production of the United States Department of State, [03:50.000 --> 04:00.000] the United States Department of State, and the United States Department of State. [04:00.000 --> 04:10.000] The Liberty Beat is a production of the United States Department of State, [04:10.000 --> 04:20.000] the United States Department of State, the United States Department of State, [04:20.000 --> 04:30.000] the United States Department of State, and the United States Department of State. [04:30.000 --> 04:40.000] The Liberty Beat is a production of the United States Department of State, [04:40.000 --> 04:50.000] the United States Department of State, the United States Department of State, [04:50.000 --> 05:00.000] the United States Department of State, the United States Department of State, [05:00.000 --> 05:02.760] And at the end of the, each one is a typical stuff. [05:02.760 --> 05:05.640] You live here, you owe us money, you owe us money. [05:05.640 --> 05:09.320] And then down at the end of it, it just says, where for? [05:10.560 --> 05:12.440] And then it says, you owe us money. [05:12.440 --> 05:14.840] And then it's signed by the Assistant Attorney General [05:14.840 --> 05:16.040] of the State of New York. [05:17.240 --> 05:19.920] And it was a case where I was trying to negotiate them [05:19.920 --> 05:22.740] for a period of time, occurred last year. [05:23.880 --> 05:28.840] And I disagreed with the amount of money [05:28.840 --> 05:30.400] that they were interested in. [05:31.400 --> 05:36.080] My case, or my claim was that the bill had been [05:36.080 --> 05:39.040] greatly inflated and then greatly discounted. [05:41.160 --> 05:46.160] So what I'm looking at is if I see 11 lines of allegations [05:46.480 --> 05:48.120] and then I see a wherefore, [05:48.120 --> 05:51.220] shouldn't I be seeing some kind of law that I've broken? [05:51.220 --> 05:56.220] Well, that's really not enough. [05:57.540 --> 06:00.400] In the 11 lines of allegations, [06:01.580 --> 06:06.580] if they state a claim, then not that I know of. [06:11.220 --> 06:14.500] In the line, what's in the 11 lines of allegations? [06:14.500 --> 06:16.740] Just that you owe us money, you owe us money? [06:17.860 --> 06:21.060] Yeah, yeah, it's pretty much, it says we gave you service, [06:21.060 --> 06:23.120] we did this, you live here. [06:25.180 --> 06:28.060] It mentions the name of a hospital at the state hospital. [06:28.060 --> 06:29.740] And of course, the Attorney General acts [06:29.740 --> 06:32.800] as the collection agent for that hospital. [06:34.220 --> 06:37.620] They don't send it to a, it's not a. [06:39.500 --> 06:42.580] It doesn't go to a third party debt collector. [06:42.580 --> 06:46.900] Right, so they have a cause of action [06:46.900 --> 06:50.320] from what I think is a general business law in New York [06:50.320 --> 06:52.420] to handle that kind of debt. [06:52.420 --> 06:55.580] But they don't specify it here, they don't. [06:55.580 --> 07:00.580] If I don't have a law specified here at some place, [07:02.380 --> 07:03.220] isn't that. [07:03.220 --> 07:07.880] Okay, that's not exactly how civil works. [07:09.260 --> 07:11.820] In criminal, they have to accuse you [07:11.820 --> 07:14.220] of violating a specific statute. [07:15.940 --> 07:19.300] In civil, it's because of the nature of civil, [07:19.300 --> 07:22.140] we don't really have statutes [07:22.140 --> 07:27.140] to adequately cover every possible permutation. [07:27.220 --> 07:30.940] So generally in civil, we can state our claim. [07:30.940 --> 07:34.060] But you still have to state the claim [07:34.060 --> 07:36.940] in terms of a cause of action. [07:36.940 --> 07:39.420] And debt collection is a cause of action. [07:39.420 --> 07:42.220] They claim that you live in New York, [07:42.220 --> 07:46.240] that's to establish the venue and jurisdiction. [07:46.240 --> 07:49.840] They claim that they provided you services [07:49.840 --> 07:52.040] and then you didn't pay for the services. [07:52.040 --> 07:54.300] That establishes a cause of action. [07:55.320 --> 07:56.880] So in civil, they don't, [07:56.880 --> 07:58.980] in order to establish the cause of action, [07:58.980 --> 08:01.400] they don't have to state a statute [08:01.400 --> 08:05.840] because there isn't necessarily always a statute. [08:05.840 --> 08:07.740] For instance, you're driving down the road [08:07.740 --> 08:12.720] and the tire comes off your car for some reason, [08:12.720 --> 08:16.440] unbeknownst to you and it bounces down the road [08:16.440 --> 08:19.120] and bashes into the side of a brand new Mustang [08:19.120 --> 08:21.360] in the front of the Barrett Bank parking lot. [08:23.320 --> 08:25.540] Now I told them it wasn't my fault. [08:27.080 --> 08:30.840] That I've told that tire not to roll across the road. [08:30.840 --> 08:34.440] I even instructed it to bash into that telephone pole [08:34.440 --> 08:38.000] it barely missed, but it did not listen [08:38.000 --> 08:40.880] and bashed into the side of that car. [08:40.880 --> 08:44.200] They did not have to state a law that I broke [08:44.200 --> 08:47.160] because I didn't break a law, it was an accident. [08:47.160 --> 08:50.760] My tires come off and one of them decided to get up [08:50.760 --> 08:52.880] and kick off down the hill. [08:52.880 --> 08:55.360] So there was no law to break. [08:56.520 --> 09:01.520] You caused me harm and I was not in any fault. [09:02.560 --> 09:05.800] You caused me harm by your negligence [09:05.800 --> 09:10.320] and if my tire came, wheel came off my truck, [09:10.320 --> 09:13.840] I guess it would ultimately be attributed to me. [09:13.840 --> 09:16.440] So they didn't even have to claim any statute. [09:17.520 --> 09:20.680] They just had to make a sufficient claim. [09:21.820 --> 09:25.800] And generally the responses we get, [09:26.720 --> 09:29.680] the standard response now to a federal suit [09:29.680 --> 09:33.160] is a rule 12B motion to dismiss for failure [09:33.160 --> 09:35.900] to state a claim on which recovery can be had. [09:35.900 --> 09:40.180] And what they did was stated a claim [09:40.180 --> 09:42.300] on which recovery can be had. [09:43.500 --> 09:48.500] We provided it services, we charged for the services, [09:48.780 --> 09:51.060] you took advantage of the services, [09:51.060 --> 09:52.940] you didn't pay for the services, [09:53.860 --> 09:58.060] therefore we have a cause of action to bring it to court. [09:58.060 --> 10:00.780] So the short answer is no, [10:00.780 --> 10:02.940] they don't have to cite any statute. [10:02.940 --> 10:07.940] So when I signed for this originally, [10:08.620 --> 10:11.060] I was brought in the hospital in a condition [10:11.060 --> 10:15.300] where I would say I was diminished capacity [10:15.300 --> 10:17.660] and I was given the usual papers to sign [10:17.660 --> 10:20.220] and I did ask at that time, [10:20.220 --> 10:23.380] could you have any idea what this was gonna cost [10:23.380 --> 10:27.420] in terms of, I specifically said by the day to them, [10:27.420 --> 10:28.980] this was the people that I guess, [10:28.980 --> 10:30.260] I don't know what you call them, [10:30.260 --> 10:31.900] some administrative workers. [10:31.900 --> 10:36.260] And they get you to sign that if your insurance [10:36.260 --> 10:38.580] doesn't cover it, you're responsible for it. [10:39.940 --> 10:44.020] And we were, as I mentioned the other night, [10:44.020 --> 10:48.420] I mean the bill was astronomical for what they did. [10:49.700 --> 10:52.660] And I just couldn't, I couldn't figure out [10:52.660 --> 10:57.300] or I couldn't think of how to fight it on the merits. [10:57.300 --> 10:58.700] Okay, did they? [10:58.700 --> 11:01.380] I always thought that would be a losing proposition. [11:01.380 --> 11:06.380] Okay, did they decrease the bill significantly? [11:08.220 --> 11:09.060] Yes, they did. [11:10.140 --> 11:14.740] Okay, then you're not likely to have the claim [11:14.740 --> 11:18.380] of gouging or overbilling if they decreased it. [11:20.620 --> 11:25.620] Even if they, if I, I think it's pretty, [11:25.740 --> 11:28.820] if one saw the itemized bill, [11:28.820 --> 11:32.300] I think it would be pretty obvious that it was increased [11:32.300 --> 11:35.660] before it was decreased and there have been newspapers. [11:35.660 --> 11:38.980] Okay, but even so, if they decreased it [11:38.980 --> 11:41.740] to a reasonable amount, you're not gonna have a claim. [11:44.020 --> 11:46.460] You're not gonna have a claim just because they tried [11:46.460 --> 11:49.380] to get more out of you on the front end. [11:49.380 --> 11:51.820] That went to contract negotiations. [11:53.140 --> 11:56.940] They made it, they made an offer for your acceptance. [11:56.940 --> 11:59.340] You didn't give your acceptance, [11:59.340 --> 12:00.860] so they made a counteroffer. [12:02.100 --> 12:06.180] And now they have made their final counteroffer [12:07.180 --> 12:11.060] and you didn't accept it, so they took civil action. [12:11.060 --> 12:16.060] Now, if the Secretary of State gets a claim, [12:20.380 --> 12:23.420] it will almost certainly from the Secretaries, [12:23.420 --> 12:25.460] I mean, Secretary of State, Attorney General, [12:25.460 --> 12:27.580] from the Attorney General, it will go [12:27.580 --> 12:29.820] to a third party debt collector. [12:32.140 --> 12:34.540] And once it goes there, then you can go back [12:34.540 --> 12:38.060] to the Mike Mears method and hammer [12:38.060 --> 12:40.220] the third party debt collector. [12:41.300 --> 12:44.340] Well, the last conversation, [12:44.340 --> 12:48.900] the only conversation I've had is with their legal assistant. [12:48.900 --> 12:50.100] I guess she's a paralegal. [12:50.100 --> 12:52.700] She's the one that's been in communication with me. [12:52.700 --> 12:56.180] And when she first sent me the summons, [12:56.180 --> 12:59.540] I went and got the notice of appearance [13:00.500 --> 13:05.060] and I sent it in and I got a call the next day. [13:05.060 --> 13:10.060] And she offered to send me a financial disclosure [13:11.980 --> 13:16.980] and give me up to 90 days on an agreement, [13:19.820 --> 13:21.940] let's see what they called it here, [13:21.940 --> 13:24.620] stipulation, which I had to figure out the right [13:24.620 --> 13:26.620] for myself because I couldn't find an example [13:26.620 --> 13:28.780] that actually, you know, that exactly fit [13:28.780 --> 13:30.700] what I was looking for. [13:30.700 --> 13:33.940] And the financial that they wanted me to sign over to them, [13:33.940 --> 13:35.900] I thought were pretty drastic because I thought [13:35.900 --> 13:39.180] they include about 30 items. [13:39.180 --> 13:41.660] And then on the backside of it, [13:41.660 --> 13:43.620] I authorized the officer, Attorney General, [13:43.620 --> 13:45.900] obtain any credit reports considered necessary [13:45.900 --> 13:48.300] and hold it harmless from any claims, [13:48.300 --> 13:50.260] liabilities or damages. [13:50.260 --> 13:51.860] I said, I'm not signing this. [13:53.220 --> 13:55.020] I said, it looks to me like you're trying to, [13:55.020 --> 13:58.300] you know, short circuit discovery or something. [13:58.300 --> 14:01.020] Yeah, they're gonna do everything they can [14:01.020 --> 14:05.740] to move things to their side of the table [14:05.740 --> 14:08.380] to give them as much advantage as possible. [14:08.380 --> 14:11.220] But how much is the claim at this point? [14:12.220 --> 14:14.460] It's less than $5,000. [14:14.460 --> 14:15.300] It was- [14:15.300 --> 14:16.140] It's how much? [14:17.340 --> 14:19.500] It's less than 5,000, just a bit less. [14:19.500 --> 14:23.180] Oh, let them get the judgment, big deal. [14:24.180 --> 14:26.620] They will get the judgment and then they'll [14:26.620 --> 14:30.060] put it in the hands of the third party debt collector. [14:30.060 --> 14:32.460] And using the Mike Mears method, [14:32.460 --> 14:35.940] you can get much more than a $5,000 claim [14:35.940 --> 14:37.140] against the debt collector [14:37.140 --> 14:39.660] and get him to write the debt off. [14:39.660 --> 14:42.540] So you're thinking that if the last communication [14:42.540 --> 14:44.580] I had with the legal sector, she gave me a choice. [14:44.580 --> 14:45.700] She said, look, at this point- [14:45.700 --> 14:46.780] Okay, okay, wait, wait, wait. [14:46.780 --> 14:49.380] Don't go through all of that and just- [14:49.380 --> 14:50.220] Okay. [14:50.220 --> 14:52.340] You're gonna lose this case. [14:52.340 --> 14:53.540] Okay. [14:53.540 --> 14:56.220] Trust me, you're gonna lose this case. [14:56.220 --> 14:59.060] You can go get a lawyer and he'll gouge you [14:59.060 --> 15:01.140] for whatever money he can get [15:01.140 --> 15:03.860] and you're still gonna lose this case. [15:03.860 --> 15:05.420] Right. [15:05.420 --> 15:08.620] And at 5,000, you know, they can't put you in jail [15:08.620 --> 15:09.460] for debt. [15:10.500 --> 15:13.540] They'll have to turn it over to a debt collector. [15:13.540 --> 15:17.820] And the debt collector never does it right. [15:17.820 --> 15:20.340] And once you tell him not to call you anymore, [15:20.340 --> 15:22.980] every time he calls you, you put a note on the ledger [15:22.980 --> 15:25.740] and that's a thousand bucks a pop, five calls. [15:25.740 --> 15:27.580] You file a federal suit against him [15:27.580 --> 15:30.980] for a claim larger than the debt [15:30.980 --> 15:35.580] and you deal with him, gargle him a time or two. [15:36.540 --> 15:40.060] And then you make a deal to retire the debt [15:40.060 --> 15:41.780] to you drop your claim. [15:41.780 --> 15:46.780] Hmm, I'm currently living on IRA for the year [15:46.980 --> 15:49.580] and I think that's exempt. [15:49.580 --> 15:52.540] So I'm not sure they could get a judgment on me. [15:53.420 --> 15:57.220] They may get a, if your income is low, [15:57.220 --> 15:59.300] they won't be able to take your income. [16:00.180 --> 16:01.020] Okay. [16:02.420 --> 16:03.740] You have to be making, [16:03.740 --> 16:06.060] they have to leave you enough to live on. [16:06.060 --> 16:07.580] And for $5,000 debt, [16:07.580 --> 16:09.580] they're not gonna work terribly hard. [16:09.580 --> 16:12.740] Because they'll use up that $5,000 really, really fast. [16:12.740 --> 16:16.420] Yeah, I know that sounds like maybe two or three paychecks [16:16.420 --> 16:20.860] to some people, but sometimes it's not the case. [16:20.860 --> 16:24.860] Oh, I'm not discounting that it's a lot of money to you. [16:25.820 --> 16:27.900] It's not a lot of money to them. [16:29.300 --> 16:33.020] So they'll use that up in their attorney costs really fast. [16:33.020 --> 16:34.780] It's all about the money anyway. [16:36.300 --> 16:37.140] Okay. [16:37.140 --> 16:42.140] Okay, thank you. [16:43.660 --> 16:46.180] Okay, thank you Ken and good luck on that. [16:47.140 --> 16:50.020] But let them start collecting and then call back. [16:50.020 --> 16:52.820] We'll show you how to hammer the debt collector. [16:52.820 --> 16:54.340] Okay, this is Randy Kelton, [16:54.340 --> 16:56.540] Deborah Stevens, rule of law radio. [16:56.540 --> 16:59.620] Our call in number 512-646-90. [17:00.700 --> 17:02.420] Through advances in technology, [17:02.420 --> 17:04.540] our lives have greatly improved [17:04.540 --> 17:06.580] except in the area of nutrition. [17:06.580 --> 17:09.500] People feed their pets better than they feed themselves. [17:09.500 --> 17:11.460] And it's time we changed all that. [17:11.460 --> 17:14.500] Our primary defense against aging and disease [17:14.500 --> 17:17.780] in this toxic environment is good nutrition. [17:17.780 --> 17:20.540] In a world where natural foods have been irradiated, [17:20.540 --> 17:22.460] adulterated, and mutilated, [17:22.460 --> 17:25.820] young Jevity can provide the nutrients you need. [17:25.820 --> 17:28.140] Logos Radio Network gets many requests [17:28.140 --> 17:31.740] to endorse all sorts of products, most of which we reject. [17:31.740 --> 17:34.620] We have come to trust young Jevity so much, [17:34.620 --> 17:38.420] we became a marketing distributor along with Alex Jones, [17:38.420 --> 17:40.220] Ben Fuchs, and many others. [17:40.220 --> 17:43.580] When you order from logosradionetwork.com, [17:43.580 --> 17:47.780] your health will improve as you help support quality radio. [17:47.780 --> 17:50.460] As you realize the benefits of young Jevity, [17:50.460 --> 17:52.100] you may want to join us. [17:52.100 --> 17:55.460] As a distributor, you can experience improved health, [17:55.460 --> 17:59.180] help your friends and family, and increase your income. [17:59.180 --> 18:00.660] Order now. [18:00.660 --> 18:02.820] Are you being harassed by debt collectors [18:02.820 --> 18:05.740] with phone calls, letters, or even lawsuits? [18:05.740 --> 18:07.380] Stop debt collectors now [18:07.380 --> 18:09.500] with the Michael Mears proven method. [18:09.500 --> 18:12.260] Michael Mears has won six cases in federal court [18:12.260 --> 18:15.100] against debt collectors, and now you can win too. [18:15.100 --> 18:17.860] You'll get step-by-step instructions in plain English [18:17.860 --> 18:21.260] on how to win in court using federal civil rights statutes, [18:21.260 --> 18:24.980] what to do when contacted by phones, mail, or court summons, [18:24.980 --> 18:27.020] how to answer letters and phone calls, [18:27.020 --> 18:29.620] how to get debt collectors out of your credit report, [18:29.620 --> 18:31.500] how to turn the financial tables on them [18:31.500 --> 18:34.220] and make them pay you to go away. [18:34.220 --> 18:37.140] The Michael Mears proven method is the solution [18:37.140 --> 18:39.060] for how to stop debt collectors. [18:39.060 --> 18:41.460] Personal consultation is available as well. [18:41.460 --> 18:44.860] For more information, please visit ruleoflawradio.com [18:44.860 --> 18:47.100] and click on the blue Michael Mears banner [18:47.100 --> 18:49.900] or email michaelmears at yahoo.com. [18:49.900 --> 18:52.260] That's ruleoflawradio.com, [18:52.260 --> 18:57.260] or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com [18:57.700 --> 19:00.220] to learn how to stop debt collectors now. [19:00.220 --> 19:05.220] You are listening to the Logos Radio Network, [19:05.220 --> 19:08.620] logosradionetwork.com. [19:08.620 --> 19:37.620] Let's get to justice, yeah, whoa, [19:37.620 --> 19:42.620] okay, we are back. [19:46.620 --> 19:50.220] Randy Kelton, Deborah Stevens, New World Radio, [19:50.220 --> 19:54.980] and we're gonna go to Diane in Florida. [19:56.860 --> 19:57.700] Hello, Diane. [19:58.540 --> 20:01.300] Hey, I've got a question here. [20:01.300 --> 20:06.020] I bought a property in 91 through a corporation. [20:06.020 --> 20:08.700] It was a corporate name on the contract. [20:08.700 --> 20:11.300] And now in 2008, [20:11.300 --> 20:13.980] they started foreclosure proceedings on me. [20:13.980 --> 20:16.860] And so I started looking into things, [20:16.860 --> 20:21.660] and I found that this was a Florida inactive corporation [20:21.660 --> 20:23.500] a year prior. [20:23.500 --> 20:25.900] So what kind of standing would they have [20:25.900 --> 20:27.420] with an inactive corporation? [20:27.420 --> 20:30.060] Because now it was 18 years later [20:30.060 --> 20:32.700] when they started a foreclosure suit [20:32.700 --> 20:37.300] on an inactive corporation. [20:37.300 --> 20:38.820] Oh, that is interesting. [20:38.820 --> 20:41.740] Who was the owner of the corporation? [20:44.180 --> 20:46.860] Some individuals that now live up in New York. [20:48.420 --> 20:50.660] One of them is actually an attorney. [20:51.860 --> 20:54.100] That is a really good question. [20:54.100 --> 20:59.100] How do you foreclose on a non-existent client? [20:59.100 --> 21:03.580] Yeah. [21:03.580 --> 21:05.980] Well, they do it in Florida all the time, Randy. [21:09.220 --> 21:13.020] Well, okay, would you explain that, Joe? [21:14.140 --> 21:18.580] They claim that the party who is deceased [21:18.580 --> 21:22.500] or is out of business is a client of theirs, [21:22.500 --> 21:24.300] is the plaintiff. [21:24.300 --> 21:28.220] And in many cases, the plaintiff ceases to exist [21:28.220 --> 21:32.300] either by license being revoked, [21:33.940 --> 21:37.340] the license being expired, [21:38.500 --> 21:43.060] or the individuals no longer being in existence. [21:43.060 --> 21:45.660] There have been bankruptcy cases. [21:45.660 --> 21:46.940] That's the plaintiff. [21:48.060 --> 21:51.340] This is the defendant that doesn't exist. [21:51.340 --> 21:52.580] No, it's the plaintiff. [21:52.580 --> 21:55.140] No, this is the plaintiff she's talking about. [21:55.140 --> 21:56.500] Okay, did I misunderstand? [21:56.500 --> 22:01.500] You're saying that the entity that is foreclosing? [22:03.380 --> 22:04.620] Correct. [22:04.620 --> 22:06.740] Steve, are you there? [22:06.740 --> 22:08.340] You wanna address that? [22:08.340 --> 22:10.500] Sure, I'm looking for a Texas... [22:10.500 --> 22:15.500] Well, most states, and I'm looking for the Texas statute, [22:18.540 --> 22:23.540] they're, okay, what state is the entity [22:23.540 --> 22:27.740] or was the entity, when the entity was in existence, [22:27.740 --> 22:29.580] what state was it registered in? [22:30.460 --> 22:32.020] Florida. [22:32.020 --> 22:33.660] Okay, it was a Florida corporation [22:33.660 --> 22:35.940] or a foreign filing, [22:35.940 --> 22:38.500] foreign corporation registered in Florida? [22:38.500 --> 22:41.260] No, it was a Florida corporation back then, [22:41.260 --> 22:44.100] in the 1980s. Okay, okay. [22:44.100 --> 22:46.580] Okay, I want a forcible detainer. [22:46.580 --> 22:48.180] I call it a win. [22:48.180 --> 22:51.220] The guy, the attorneys for the other side [22:51.220 --> 22:56.220] filed a, they offered and filed a, [22:57.340 --> 23:00.340] now keep in mind this was on appeal or trial de novo, [23:00.340 --> 23:03.980] but they filed an agreed order of dismissal. [23:04.980 --> 23:07.660] And once that was filed, the attorney went [23:07.660 --> 23:11.940] and had the JP judgment that he had won prior, [23:11.940 --> 23:13.220] had that vacated. [23:14.580 --> 23:18.020] And now here in Texas, as soon as you perfect an appeal, [23:18.020 --> 23:19.500] that's an automatic vacation [23:19.500 --> 23:24.500] from the vacation of the judgment in the justice court. [23:26.660 --> 23:29.980] Your appeal here in Texas would be a trial de novo. [23:29.980 --> 23:33.100] That is a new trial because the old trial [23:33.100 --> 23:34.940] was held in a court of no record. [23:34.940 --> 23:36.980] So you get a new trial. [23:36.980 --> 23:39.940] And under the trial de novo, you can bring in new evidence. [23:39.940 --> 23:42.020] And the evidence I brought in was that [23:42.020 --> 23:45.300] national city mortgage, I'm sorry, [23:45.300 --> 23:48.180] national city real estate services, LLC, [23:48.180 --> 23:50.660] and 15 yards of other corporations [23:50.660 --> 23:53.060] that they were absorbed into [23:53.060 --> 23:56.900] had gone out of business in 2009, here it was 2013, [23:56.900 --> 23:59.140] and somebody filed something, oopsie daisy. [24:00.460 --> 24:03.740] Now what they're looking at is Baratree [24:03.740 --> 24:06.660] because, and Baratree being a felony, [24:08.540 --> 24:10.180] they did not have a client. [24:10.180 --> 24:12.980] Their client was non-existent [24:12.980 --> 24:15.060] as of whenever they went out of business. [24:15.940 --> 24:17.580] So if they're coming in the name, [24:17.580 --> 24:20.220] the plaintiff no longer exists, [24:20.220 --> 24:23.060] that equates Baratree because they don't have a client, [24:23.060 --> 24:25.940] that equates fraud upon the court, [24:26.940 --> 24:30.140] contempt of court, aggravated perjury. [24:31.820 --> 24:33.940] Simulating the legal process. [24:33.940 --> 24:35.540] Simulating the legal process. [24:35.540 --> 24:38.700] Aggravated perjury tampered with the government document. [24:38.700 --> 24:43.700] Yes, violations of 3.3 of the ABA rules, [24:43.700 --> 24:45.580] every state's got their own equivalent. [24:46.780 --> 24:50.020] But yeah, these guys are, they're in big trouble [24:50.020 --> 24:53.300] if they're bringing a suit in the name of a company [24:53.300 --> 24:54.740] that does not exist. [24:55.740 --> 24:59.340] There was a plea to the jurisdiction filed successfully. [25:00.220 --> 25:04.020] We came out of that hearing with smiles on our face. [25:04.020 --> 25:09.020] We came out of that hearing with smiles on our face. [25:12.580 --> 25:16.340] Does that answer your question, Dias? [25:16.340 --> 25:19.500] Well, so I mean, we're basically saying [25:19.500 --> 25:20.620] that they don't have standing, [25:20.620 --> 25:21.980] because I'll tell you what they did. [25:21.980 --> 25:23.900] I went to the court file because- [25:23.900 --> 25:25.540] It's not basically. [25:25.540 --> 25:27.700] There's no one to have standing. [25:30.740 --> 25:33.620] There's nobody that can, there's nobody there. [25:33.620 --> 25:35.900] They don't exist. [25:35.900 --> 25:37.620] It's like cigarette smoke in a fan. [25:37.620 --> 25:42.620] It's gone, they don't, nobody has standing in that name. [25:42.940 --> 25:45.500] This goes to agency of the agent. [25:46.940 --> 25:48.740] It goes straight to standing as well. [25:50.740 --> 25:53.940] It goes to agency of the agent [25:53.940 --> 25:57.700] to represent a principle with standing and capacity. [25:57.700 --> 25:58.540] And there isn't one. [25:58.540 --> 25:59.900] But there is no principle, [25:59.900 --> 26:02.020] so the agent cannot have agency. [26:02.020 --> 26:04.740] Therefore, they lack standing. [26:04.740 --> 26:09.060] Therefore, they lack one of the honors of jurisdiction. [26:09.060 --> 26:11.460] Counters sue the lawyer for three times [26:11.460 --> 26:13.940] the amount of the original principle. [26:13.940 --> 26:16.180] Who that old jerk a knot in his rope? [26:17.140 --> 26:20.660] Well, this is, I went down to the court file to look, [26:20.660 --> 26:24.940] and they went and filed with the state of Florida [26:24.940 --> 26:29.380] to pay all back years to bring that, [26:29.380 --> 26:32.460] to change the name of that corporation to a new one [26:32.460 --> 26:37.020] and to pay all back annual filing to the state of Florida. [26:37.020 --> 26:39.860] Well, if the entity no longer existed, [26:39.860 --> 26:42.460] then who had the authority to change the name? [26:43.340 --> 26:44.180] Nobody. [26:44.180 --> 26:45.220] Yeah, okay. [26:45.220 --> 26:46.980] The corporation no longer exists. [26:46.980 --> 26:49.420] There's nobody with authority to change any name. [26:49.420 --> 26:51.700] There's no name to change. [26:51.700 --> 26:56.020] When the corporation ceased to exist, [26:56.020 --> 26:59.940] if prior to that time, [26:59.940 --> 27:04.940] the corporation failed to transfer the note indeed of trust [27:04.980 --> 27:06.140] to some other entity, [27:06.140 --> 27:08.660] primarily the security instrument, [27:08.660 --> 27:11.700] then in Florida it would be a mortgage. [27:11.700 --> 27:15.100] If they failed to transfer the mortgage to another entity, [27:16.100 --> 27:19.300] then they abandoned it. [27:19.300 --> 27:24.300] They were the one that had the security instrument [27:26.220 --> 27:27.980] protected that entity. [27:29.180 --> 27:31.500] When that entity disappeared, [27:31.500 --> 27:34.140] the security instrument became void [27:35.460 --> 27:39.060] and they can't come back and revive it later. [27:39.060 --> 27:41.820] Joe, you addressed that before. [27:41.820 --> 27:45.180] Right, and actually it's not void, okay? [27:45.180 --> 27:48.820] So what it is, it is a nullity. [27:48.820 --> 27:49.980] It's not voidable. [27:49.980 --> 27:50.820] It's not voidable. [27:50.820 --> 27:52.140] That's completely different. [27:52.140 --> 27:53.620] It is a nullity. [27:55.340 --> 27:56.660] Void would give the inference [27:56.660 --> 27:58.940] that it was at one time valid. [27:58.940 --> 27:59.780] So with the entity- [27:59.780 --> 28:02.180] It was, it was. [28:02.180 --> 28:04.740] When it was, when the company existed- [28:04.740 --> 28:08.980] When it existed, but it no longer exists. [28:08.980 --> 28:13.500] So it can't, the security instrument cannot exist. [28:13.500 --> 28:16.660] And even when they executed the security interest, [28:16.660 --> 28:17.500] it was- [28:17.500 --> 28:21.380] Because they executed by, in order for Florida, [28:21.380 --> 28:25.900] you're going to go to 635-3203. [28:26.820 --> 28:28.940] Now, hold on, I'll tell you. [28:28.940 --> 28:29.780] Give me one second. [28:29.780 --> 28:30.620] I'll tell you for- [28:30.620 --> 28:31.860] Write this down. [28:31.860 --> 28:34.580] For, let's see, where am I at? [28:34.580 --> 28:36.300] One second. [28:36.300 --> 28:39.740] Let me get exactly so I can give you the exact statute [28:39.740 --> 28:41.340] that you're going to use. [28:41.340 --> 28:42.300] All right. [28:42.300 --> 28:45.980] And when you say nullity, it's nullity of what? [28:45.980 --> 28:48.220] The note and mortgage? [28:48.220 --> 28:49.500] The security instrument. [28:49.500 --> 28:51.260] One, one second. [28:51.260 --> 28:53.660] The security instrument being the mortgage. [28:53.660 --> 28:58.580] The mortgage is the document that grants a privilege [28:58.580 --> 29:02.700] to the holder to make a claim against the property [29:02.700 --> 29:05.660] instead of a claim against the borrower. [29:05.660 --> 29:06.660] Okay. [29:06.660 --> 29:10.300] Diane, here's what I want you to write down. [29:10.300 --> 29:17.300] You're going to go to FSA 673.1101, [29:17.340 --> 29:20.060] and that's identification of person [29:20.060 --> 29:22.940] to whom instrument is payable. [29:22.940 --> 29:23.940] Okay. [29:23.940 --> 29:25.780] Okay, you're going to go to, [29:30.060 --> 29:35.060] you're going to go to FSA 673-2031, [29:35.060 --> 29:40.740] subsection number four. [29:40.740 --> 29:42.460] Okay. [29:42.460 --> 29:46.500] And you're going to go to a few others, [29:46.500 --> 29:47.900] and we will get back, [29:47.900 --> 29:50.900] because we're going to break in a moment. [29:50.900 --> 29:53.580] So this is Randy Kelton, Joe Esquivel, [29:53.580 --> 29:55.460] and Deborah Stevens, Rule of Law Radio. [29:55.460 --> 29:57.420] We'll be back at you in a few, [29:57.420 --> 29:58.740] and we'll talk to you then, Diane. [29:58.740 --> 30:01.380] Thank you. [30:01.380 --> 30:04.340] Snacking can make you healthier, really. [30:04.340 --> 30:06.580] In fact, one tasty treat that's often considered [30:06.580 --> 30:07.740] a naughty indulgence [30:07.740 --> 30:10.140] should move right to the top of your list. [30:10.140 --> 30:11.300] I'm Dr. Catherine Albrecht, [30:11.300 --> 30:13.820] and I'll tell you what it is in just a moment. [30:13.820 --> 30:15.780] Privacy is under attack. [30:15.780 --> 30:17.660] When you give up data about yourself, [30:17.660 --> 30:19.380] you'll never get it back again. [30:19.380 --> 30:21.180] And once your privacy is gone, [30:21.180 --> 30:24.180] you'll find your freedoms will start to vanish, too. [30:24.180 --> 30:27.060] So protect your rights, say no to surveillance, [30:27.060 --> 30:29.460] and keep your information to yourself. [30:29.460 --> 30:31.940] Privacy, it's worth hanging onto. [30:31.940 --> 30:33.300] This public service announcement [30:33.300 --> 30:35.540] is brought to you by Startpage.com, [30:35.540 --> 30:37.420] the private search engine alternative [30:37.420 --> 30:39.540] to Google, Yahoo, and Bing. [30:39.540 --> 30:41.780] Start over with Startpage. [30:42.860 --> 30:45.540] It's time to go crazy for nuts. [30:45.540 --> 30:47.260] Forget about nuts being fattening. [30:47.260 --> 30:50.300] In moderation, they can actually help power up weight loss [30:50.300 --> 30:53.460] because they're packed with protein, nutrients, and fiber. [30:53.460 --> 30:55.700] A study by the International Journal of Obesity [30:55.700 --> 30:58.060] found that overweight adults who ate almonds [30:58.060 --> 30:59.500] as part of their diet plans [30:59.500 --> 31:01.020] lost more weight than those who ate [31:01.020 --> 31:02.980] more complex carbohydrates. [31:02.980 --> 31:04.260] And while you're losing weight, [31:04.260 --> 31:06.660] nuts can help prevent heart disease, cancer, [31:06.660 --> 31:09.420] and premature aging, especially walnuts. [31:09.420 --> 31:11.580] Researchers have crammed them the king of nuts [31:11.580 --> 31:14.220] because they contain nearly twice the health-enhancing [31:14.220 --> 31:16.100] antioxidants of other nuts. [31:16.100 --> 31:18.380] Plus, they're the richest in omega-3s. [31:18.380 --> 31:21.900] So go ahead, you can afford to go nuts for nuts. [31:21.900 --> 31:23.020] I'm Dr. Catherine Albrecht. [31:23.020 --> 31:26.180] More news and information at CatherineAlbrecht.com. [31:26.180 --> 31:29.260] This is Building 7, a 47-story skyscraper [31:29.260 --> 31:31.620] that fell on the afternoon of September 11th. [31:31.620 --> 31:33.580] The government says that fire brought it down. [31:33.580 --> 31:36.340] However, 1,500 architects and engineers [31:36.340 --> 31:38.700] concluded it was a controlled demolition. [31:38.700 --> 31:40.620] Over 6,000 of my fellow service members [31:40.620 --> 31:41.620] have given their lives. [31:41.620 --> 31:44.220] Thousands of my fellow first responders are dying. [31:44.220 --> 31:45.620] I'm not a conspiracy theorist. [31:45.620 --> 31:46.660] I'm a structural engineer. [31:46.660 --> 31:48.020] I'm a New York City correction officer. [31:48.020 --> 31:49.020] I'm an Air Force pilot. [31:49.020 --> 31:50.580] I'm a father who lost his son. [31:50.580 --> 31:52.820] We're Americans, and we're not going to die. [31:52.820 --> 31:53.820] We're going to die. [31:53.820 --> 31:56.420] I'm a father who lost his son. [31:56.420 --> 31:58.420] We're Americans, and we deserve the truth. [31:58.420 --> 32:00.980] Go to RememberBuilding7.org today. [32:00.980 --> 32:03.380] Do you feel tired when talking about important topics [32:03.380 --> 32:05.100] like money and politics? [32:05.100 --> 32:07.300] Are you confused by words like the Constitution [32:07.300 --> 32:08.340] or the Federal Reserve? [32:08.340 --> 32:08.860] What? [32:08.860 --> 32:11.620] If so, you may be diagnosed with the deadliest disease known [32:11.620 --> 32:13.660] today, stupidity. [32:13.660 --> 32:16.100] Hi, my name is Steve Holt. And like millions [32:16.100 --> 32:18.820] of other Americans, I was diagnosed with stupidity [32:18.820 --> 32:19.980] at an early age. [32:19.980 --> 32:22.700] I had no idea that the number one cause of the disease [32:22.700 --> 32:25.980] is found in almost every home in America, the television. [32:25.980 --> 32:28.020] Unfortunately, that puts most Americans [32:28.020 --> 32:29.700] at risk of catching stupidity. [32:29.700 --> 32:31.020] But there is hope. [32:31.020 --> 32:32.860] The staff at Brave New Books have helped me [32:32.860 --> 32:34.900] and thousands of other foxaholics suffering [32:34.900 --> 32:37.020] from sports zombieism recover. [32:37.020 --> 32:38.660] And because of Brave New Books, I now [32:38.660 --> 32:41.460] enjoy reading and watching educational documentaries [32:41.460 --> 32:43.900] without feeling tired or uninterested. [32:43.900 --> 32:47.060] So if you or anybody you know suffers from stupidity, [32:47.060 --> 32:51.300] then you need to call 512-480-2503 [32:51.300 --> 32:55.060] or visit them in 1904 Guadalupe or bravenewbookstore.com. [32:55.060 --> 32:57.060] Side effects from using Brave New Books products [32:57.060 --> 32:58.900] may include discernment and enlarged vocabulary [32:58.900 --> 33:01.140] and an overall increase in mental functioning. [33:01.140 --> 33:07.340] You're listening to the Logos Radio Network [33:07.340 --> 33:08.620] at logosradionetwork.com. [33:14.780 --> 33:17.740] Yeah, I got the warrant. [33:17.740 --> 33:23.300] And I'm going to solve them, to the head of government them, [33:23.300 --> 33:25.580] prosecute them. [33:25.580 --> 33:26.080] OK. [33:29.180 --> 33:31.700] All set. [33:31.700 --> 33:35.180] OK, this is Joe Esquivel, Randy Kelton, Deborah Stevens [33:35.180 --> 33:37.820] with the Rule of Law Radio in Diane. [33:37.820 --> 33:41.780] One of the things I wanted to give you was a case right here [33:41.780 --> 33:46.220] in Florida in regarding where it says that the party coming [33:46.220 --> 33:48.380] forth must have standing. [33:48.380 --> 33:50.180] So if you have a pen. [33:50.180 --> 33:51.380] I'm ready. [33:51.380 --> 34:02.580] OK, the case is number 4 Diaz and Dog, 12-2069. [34:02.580 --> 34:05.140] And it's out of the District Court of Appeal [34:05.140 --> 34:09.580] of the state of Florida, fourth district. [34:09.580 --> 34:16.700] And it's Jerome Saver and B. Saver versus JP Morgan Chase. [34:16.700 --> 34:21.060] And if you can't find it, I can send it to you. [34:21.060 --> 34:25.820] Just shoot a quick email, and we'll get it to you. [34:25.820 --> 34:26.780] OK. [34:26.780 --> 34:29.020] The biggest thing, as Steve was saying, [34:29.020 --> 34:33.380] the party coming forth with an action must have standing. [34:33.380 --> 34:36.780] And I agree wholeheartedly. [34:36.780 --> 34:41.100] They are going to assume and presume [34:41.100 --> 34:42.940] that you don't have the knowledge [34:42.940 --> 34:44.260] to question their ability. [34:47.260 --> 34:54.340] However, if one were to go to Hibernia Bank versus USA, [34:54.340 --> 34:59.500] it's stated that even though the banks claim that they follow [34:59.500 --> 35:05.780] standard operating procedure, if those procedures [35:05.780 --> 35:10.540] are in conflict with statutory requirements of law, [35:10.540 --> 35:14.180] they cannot operate on those procedures. [35:14.180 --> 35:17.340] They must abide by law. [35:17.340 --> 35:21.580] Statutory law overrules customs. [35:21.580 --> 35:22.980] OK. [35:22.980 --> 35:24.980] All right, does that help you? [35:24.980 --> 35:25.420] Sure. [35:25.420 --> 35:28.740] Now, if I can't find that case, what email should I send to? [35:31.860 --> 35:35.180] Actually, Randy, you want to give her your email? [35:35.180 --> 35:41.420] Yes, randy at ruleoflawradio.com. [35:41.420 --> 35:41.940] OK. [35:41.940 --> 35:46.340] And I'll talk to Deb, and we'll get you an email set up, Joe. [35:46.340 --> 35:48.060] All right. [35:48.060 --> 35:51.420] All right, thank you so much for this information. [35:51.420 --> 35:53.940] OK, good luck, Diane, and have fun. [35:53.940 --> 35:56.140] You know, the way I'd like to challenge subject matter [35:56.140 --> 35:59.300] jurisdiction is I'd really like to sue the judge. [35:59.300 --> 36:02.060] Oh, god, Randy, you're going to get a throne in jail. [36:02.060 --> 36:07.100] Well, the judge is impersonating a public official [36:07.100 --> 36:12.060] because the plaintiff lacks that standing [36:12.060 --> 36:15.260] to invoke the subject matter jurisdiction of the court. [36:15.260 --> 36:18.060] Therefore, the court is acting without subject matter [36:18.060 --> 36:20.020] jurisdiction. [36:20.020 --> 36:24.660] Now, we did this in a credit card case, [36:24.660 --> 36:28.340] and, oh, it was such a hoot. [36:28.340 --> 36:32.900] The judge got the county attorney to write his answer, [36:32.900 --> 36:35.340] so he sued the county attorney for misappropriation [36:35.340 --> 36:37.220] of public funds. [36:37.220 --> 36:39.180] We sued the judge in his personal capacity. [36:39.180 --> 36:45.540] But not suing the judge at this point absolutely [36:45.540 --> 36:48.260] countersue those guys. [36:48.260 --> 36:52.540] If I come in there and I try to foreclose on your property [36:52.540 --> 36:56.460] and I lie to the court, are you going to say, oh, gee whiz, [36:56.460 --> 36:59.420] let's make him stop? [36:59.420 --> 37:00.780] You're going to go down and get the police [37:00.780 --> 37:03.780] and ask them to throw my hiding in the clinker. [37:03.780 --> 37:05.060] Sure. [37:05.060 --> 37:06.740] So what's the difference in these lawyers? [37:09.300 --> 37:11.700] Fraud is fraud. [37:11.700 --> 37:15.420] And they are learned counsel. [37:15.420 --> 37:18.500] They are screwed. [37:18.500 --> 37:20.380] Screws VUS. [37:20.380 --> 37:23.260] Not in civil. [37:23.260 --> 37:25.380] Yes, screws is criminal. [37:25.380 --> 37:28.140] Screws, these are, they are. [37:28.140 --> 37:29.340] The principle is the same. [37:29.340 --> 37:30.660] The principle is the same. [37:30.660 --> 37:33.700] They are quasi-public officials. [37:33.700 --> 37:35.900] And when a quasi, when a public official [37:35.900 --> 37:40.860] violates the ruling of this court, if he be saying, [37:40.860 --> 37:43.820] he may not be heard to say he knows not what he does. [37:43.820 --> 37:46.780] So it can't be presumed these guys made [37:46.780 --> 37:48.380] this false claim by mistake. [37:48.380 --> 37:51.460] They are learned counsel. [37:51.460 --> 37:55.740] And they come before the court in a special position. [37:55.740 --> 38:01.020] They have a special duty to speak with candor to the court. [38:01.020 --> 38:03.740] So when they miss state law, when [38:03.740 --> 38:07.260] they take a position they're not allowed to take, [38:07.260 --> 38:11.300] it's inappropriate to presume that somehow this [38:11.300 --> 38:13.900] was not intentional. [38:13.900 --> 38:17.420] So then will we charge them with candor [38:17.420 --> 38:21.100] towards tribunal 3.2 of the ADA? [38:21.100 --> 38:23.700] Failure to speak with candor to the court, [38:23.700 --> 38:26.700] that is a bar grievance. [38:26.700 --> 38:32.500] And a bar grievance, I mean, a violation of the state bar [38:32.500 --> 38:37.620] standards does not create a cause of action. [38:37.620 --> 38:41.740] However, their actions created the cause of action. [38:41.740 --> 38:44.140] You can bar grieve them as well. [38:44.140 --> 38:49.540] So you already have the cause of action for fraud per se. [38:49.540 --> 38:54.420] And actually, that would go to a tort, a due process [38:54.420 --> 38:54.980] violation. [38:54.980 --> 38:57.940] Due process is harm on its face. [38:57.940 --> 38:58.980] It's harm per se. [38:58.980 --> 39:00.980] You don't have to show harm. [39:00.980 --> 39:04.140] They denied you due process by subjecting you [39:04.140 --> 39:07.620] to a malicious prosecution. [39:07.620 --> 39:11.300] But the best one to go after them for is fraud. [39:11.300 --> 39:15.500] And you should file criminally against them. [39:15.500 --> 39:18.060] Against the attorney and the plaintiff? [39:18.060 --> 39:21.340] Yeah, against the plaintiffs. [39:21.340 --> 39:28.260] In working with these issues, the most fun thing to do [39:28.260 --> 39:31.620] is to go after the plaintiff, or not the plaintiff, [39:31.620 --> 39:35.580] the plaintiff's alleged lawyer. [39:35.580 --> 39:39.700] The lawyers are the ones doing this crapola. [39:39.700 --> 39:42.780] And they wind up getting their clients sued. [39:42.780 --> 39:46.220] Heck with that, sue the lawyer. [39:46.220 --> 39:49.620] The first one we did this with was in Minnesota. [39:49.620 --> 39:52.180] Wells Fargo Bank was doing a foreclosure. [39:52.180 --> 39:54.340] And we sued the lawyer. [39:54.340 --> 39:57.700] And the lawyer came back with an answer that said, [39:57.700 --> 40:00.820] well, it appears from the pleading [40:00.820 --> 40:06.020] that the defendant has a claim against Wells Fargo. [40:06.020 --> 40:07.540] Not us. [40:07.540 --> 40:12.060] And we filed an answer that said, well, that's interesting. [40:12.060 --> 40:15.460] We didn't know we had a claim against Wells Fargo. [40:15.460 --> 40:17.620] We didn't know they did anything. [40:17.620 --> 40:20.980] But if Wells Fargo has done some rotten stuff to us, [40:20.980 --> 40:22.380] if you'll tell us what it is, we'll [40:22.380 --> 40:23.700] be glad to sue your client. [40:26.340 --> 40:28.140] So they threw their client under the bus. [40:31.700 --> 40:33.780] They were not happy being sued. [40:33.780 --> 40:38.500] Well, a malpractice suit is worse than a bar grievance. [40:38.500 --> 40:40.580] And you're sued against the lawyer [40:40.580 --> 40:45.620] for what they did in the process of prosecuting [40:45.620 --> 40:50.020] a case, that goes to malpractice. [40:50.020 --> 40:52.420] And their insurance covers them for that. [40:52.420 --> 40:57.260] And in Florida, the Florida State Bar [40:57.260 --> 40:59.540] indemnifies the lawyers. [40:59.540 --> 41:02.060] And they are not going to be happy when [41:02.060 --> 41:07.020] you sue that lawyer and want to dig into their play money. [41:07.020 --> 41:14.940] We talked about that yesterday, about how when a state bar [41:14.940 --> 41:19.060] indemnifies the lawyers, they keep this big money pool. [41:19.060 --> 41:21.740] And the lawyers have to contribute to it. [41:21.740 --> 41:23.180] And that's their play money. [41:23.180 --> 41:25.900] They get to use it to do stuff with. [41:25.900 --> 41:27.900] And you start digging into their play money, [41:27.900 --> 41:32.660] the bar is not going to be happy with you. [41:32.660 --> 41:35.620] So by all means, countersue. [41:35.620 --> 41:38.140] In your answer, in your response, [41:38.140 --> 41:39.580] if you've already filed an answer, [41:39.580 --> 41:42.100] then come back and file a counter complaint [41:42.100 --> 41:43.500] against these guys. [41:43.500 --> 41:46.860] Three times the amount of the original principal. [41:46.860 --> 41:48.820] Maintain that this is the amount they [41:48.820 --> 41:51.900] intended to defraud you of. [41:51.900 --> 41:54.180] And you ask for that amount, and then you [41:54.180 --> 41:59.060] ask for exemplary damages. [41:59.060 --> 42:01.380] That's triple. [42:01.380 --> 42:04.460] Keep in mind, you probably won't. [42:04.460 --> 42:06.740] There's a good chance that they'll come in [42:06.740 --> 42:11.020] and they'll whittle that number down. [42:11.020 --> 42:14.260] But in the end, they know and you [42:14.260 --> 42:18.540] know there's only one number the jury is going to remember. [42:18.540 --> 42:20.420] And that's the one you walked in the doorway. [42:20.420 --> 42:23.380] So you want to get it as high as you can without it [42:23.380 --> 42:25.620] being pie in the sky. [42:25.620 --> 42:29.380] So triple the amount of the original principal. [42:29.380 --> 42:32.100] That one has standing. [42:32.100 --> 42:35.140] And that will not make these guys happy. [42:35.140 --> 42:36.420] OK, great. [42:36.420 --> 42:38.300] OK, have fun, Diane. [42:38.300 --> 42:38.980] Thank you. [42:38.980 --> 42:40.620] Thank you. [42:40.620 --> 42:45.220] OK, we are going to John in Texas. [42:45.220 --> 42:45.940] Hello, John. [42:45.940 --> 42:47.940] What do you have for us today? [42:47.940 --> 42:50.620] Well, there's two things I want to ask you about. [42:50.620 --> 42:54.460] I went this afternoon to the Tarrant County Clerk's Office [42:54.460 --> 42:55.980] to file a document. [42:55.980 --> 43:01.220] It's an affidavit of fact slash notice of. [43:01.220 --> 43:07.820] I have a loan on my home I did with Bank of America. [43:07.820 --> 43:12.180] I received a notice last October that everything [43:12.180 --> 43:15.380] was being assigned, sale, transferred, [43:15.380 --> 43:19.340] and the servicing rights to resurgent mortgage servicing, [43:19.340 --> 43:23.340] a division of resurgent capital services. [43:23.340 --> 43:29.220] Well, anyway, long story short, eight months later, [43:29.220 --> 43:34.860] they call me and say, well, we made a mistake. [43:34.860 --> 43:38.380] We really didn't mean to do that. [43:38.380 --> 43:40.220] OK, hang on. [43:40.220 --> 43:42.740] We will pick this up on the other side. [43:42.740 --> 43:46.100] This is Randy Kelton, Debbie Stevens, Wheel of Law Radio. [43:46.100 --> 43:49.260] This is our four hour info marathon. [43:49.260 --> 43:51.820] We'll have the phones open all night. [43:51.820 --> 43:56.220] I'll call in number 512-646-1984. [43:56.220 --> 43:57.300] Give us a call. [43:57.300 --> 44:00.100] We'll be right back. [44:00.100 --> 44:06.220] Hello, my name is Stuart Smith from naturespureorganics.com. [44:06.220 --> 44:09.660] And I would like to invite you to come by our store at 1904 [44:09.660 --> 44:12.300] Guadalupe Street Sweet D here in Austin, Texas. [44:12.300 --> 44:14.140] I'm Brave New Books and Chase Payne [44:14.140 --> 44:16.300] to see all our fantastic health and wellness products [44:16.300 --> 44:18.100] with your very own eyes. [44:18.100 --> 44:20.020] Have a look at our Miracle Healing Clay [44:20.020 --> 44:22.500] that started our adventure in alternative medicine. [44:22.500 --> 44:24.620] Take a peek at some of our other wonderful products, [44:24.620 --> 44:28.140] including our Australian emu oil, lotion candles, olive oil [44:28.140 --> 44:30.220] soaps, and colloidal silver and gold. [44:30.220 --> 44:37.340] Call 512-264-4043 or find us online at naturespureorganics.com. [44:37.340 --> 44:43.020] That's 512-264-4043, naturespureorganics.com. [44:43.020 --> 44:45.140] Don't forget to like us on Facebook for information [44:45.140 --> 44:48.940] on events and our products, naturespureorganics.com. [44:48.940 --> 45:04.260] Are you the plaintiff or defendant in a lawsuit? [45:04.260 --> 45:07.620] Win your case without an attorney with Juris Dictionary, [45:07.620 --> 45:11.220] the affordable, easy to understand, 4-CD course [45:11.220 --> 45:15.660] that will show you how in 24 hours, step by step. [45:15.660 --> 45:19.340] If you have a lawyer, know what your lawyer should be doing. [45:19.340 --> 45:21.260] If you don't have a lawyer, know what [45:21.260 --> 45:23.220] you should do for yourself. [45:23.220 --> 45:26.180] Thousands have won with our step by step course, [45:26.180 --> 45:28.100] and now you can too. [45:28.100 --> 45:31.220] Juris Dictionary was created by a licensed attorney [45:31.220 --> 45:34.660] with 22 years of case winning experience. [45:34.660 --> 45:36.780] Even if you're not in a lawsuit, you [45:36.780 --> 45:39.140] can learn what everyone should understand [45:39.140 --> 45:41.340] about the principles and practices that [45:41.340 --> 45:43.540] control our American courts. [45:43.540 --> 45:46.780] You'll receive our audio classroom, video seminar, [45:46.780 --> 45:51.180] tutorials, forms for civil cases, pro se tactics, [45:51.180 --> 45:52.340] and much more. [45:52.340 --> 45:56.540] Please visit ruleoflawradio.com and click on the banner. [45:56.540 --> 45:58.420] Or call toll free, 866-LAW-EZ. [45:58.420 --> 46:14.860] 666-LAW-EZ. [46:14.860 --> 46:20.340] Whoa, whoa. [46:20.340 --> 46:24.700] Whoa, yeah. [46:24.700 --> 46:30.340] Always, I must be careful what I'm wishing for. [46:30.340 --> 46:32.660] When I'm hungry, I like to work. [46:32.660 --> 46:34.300] OK, we are back. [46:34.300 --> 46:37.940] Randy Kelton, Deborah Stevens, E-law Radio. [46:37.940 --> 46:44.060] And John, have you listened to this show very often? [46:44.060 --> 46:45.740] Yes. [46:45.740 --> 46:50.100] Good, then you should by now be getting the idea [46:50.100 --> 46:54.580] that this company is merely a servicer. [46:54.580 --> 46:56.420] They didn't really buy your note. [46:56.420 --> 46:58.740] They're actually a debt collector [46:58.740 --> 47:03.940] of a sort for the alleged holder of the note, whoever the heck [47:03.940 --> 47:06.540] that is. [47:06.540 --> 47:10.260] So what is your question concerning this servicing? [47:10.260 --> 47:12.780] I went down there this afternoon to file this document. [47:12.780 --> 47:14.540] All it is just an affidavit of fact. [47:14.540 --> 47:17.300] I noticed the same thing that I received. [47:17.300 --> 47:21.860] In the deed records, this has not been filed. [47:21.860 --> 47:23.860] Well, I gave that to the lady. [47:23.860 --> 47:25.340] It's like $32. [47:25.340 --> 47:28.740] And then she said, I can't file that because that's [47:28.740 --> 47:32.020] an instrument that we don't know anything about. [47:32.020 --> 47:39.980] OK, go to Texas probate code 489. [47:39.980 --> 47:42.660] That goes to power of attorney. [47:42.660 --> 47:48.980] But in that code, it stipulates all of the documents [47:48.980 --> 47:55.580] that the county record was designed to record. [47:55.580 --> 47:59.500] It lists them, a warranty deed, deed of trust, [47:59.500 --> 48:05.340] assignment, appointments, oil and gas leases. [48:05.340 --> 48:08.700] There's a whole list of what this refers to. [48:08.700 --> 48:14.900] This does it in terms of who can file documents in the record. [48:14.900 --> 48:18.100] And it goes to having to have evidence [48:18.100 --> 48:20.860] to the power of attorney to file these documents. [48:20.860 --> 48:26.620] And it lists all the documents that the registrar's office [48:26.620 --> 48:31.100] was set up to make public. [48:31.100 --> 48:32.940] Now, this is not constitutional. [48:32.940 --> 48:34.980] This is statutory. [48:34.980 --> 48:38.660] The legislature created the registrar's office [48:38.660 --> 48:44.020] for the purpose of filing documents relating [48:44.020 --> 48:48.540] to claims against real property. [48:48.540 --> 48:54.260] And they defined what documents this was set up to hold. [48:54.260 --> 48:57.060] We had a lot of guys in legal reform. [48:57.060 --> 48:58.820] Because this is public record, they just [48:58.820 --> 49:01.980] wanted to file anything in there they wanted to. [49:01.980 --> 49:06.220] And the clerk is saying, these aren't documents [49:06.220 --> 49:08.380] we can file in the record. [49:08.380 --> 49:13.100] Now, we've had people go down with documents [49:13.100 --> 49:17.380] that were of the right type and they complained about. [49:17.380 --> 49:22.860] Now, it is my position that it makes no difference [49:22.860 --> 49:30.660] what the document is, because the county clerk has [49:30.660 --> 49:37.420] no statutory power to make a determination, period. [49:37.420 --> 49:40.580] You give it to the clerk, she's to file it. [49:40.580 --> 49:44.220] Now, if she has reason to believe that the document is [49:44.220 --> 49:48.420] in any way improper, under 51903, [49:48.420 --> 49:51.540] she's got two days to notify the district judge. [49:51.540 --> 49:54.180] And the district judge can convene a hearing [49:54.180 --> 49:58.340] based on this notification to make a declaratory [49:58.340 --> 50:02.340] judgment concerning the validity of the document. [50:02.340 --> 50:04.460] And the district judge can declare [50:04.460 --> 50:07.260] that the document is void and of no force and effect [50:07.260 --> 50:10.060] if it doesn't meet the filing requirements. [50:10.060 --> 50:13.500] That is the remedy. [50:13.500 --> 50:17.540] The clerk refusing to take the filing is not the remedy. [50:20.500 --> 50:24.740] So you can go after the clerk, but if the clerk does [50:24.740 --> 50:30.140] follow law, they'll most likely toss your affidavit. [50:30.140 --> 50:37.620] Unless the affidavit is attached to a document that [50:37.620 --> 50:39.260] is authorized to be filed. [50:39.260 --> 50:43.220] Now, what is the purpose of the affidavit? [50:43.220 --> 50:46.380] Well, the purpose is I want to be upfront with you. [50:46.380 --> 50:49.180] I want to cloud the title. [50:49.180 --> 50:50.900] They sent that instrument to me. [50:50.900 --> 50:52.620] OK, hold on. [50:52.620 --> 50:55.540] Affidavit will not cloud the title. [50:55.540 --> 51:00.380] A claim against the property will cloud the title. [51:00.380 --> 51:03.460] So how can you state this in terms [51:03.460 --> 51:04.980] of a claim against the property? [51:04.980 --> 51:10.860] One thing you could consider, if it is the assignment [51:10.860 --> 51:19.940] of the company as servicer, you could file a document [51:19.940 --> 51:24.340] declaring that the assignment is invalid. [51:24.340 --> 51:27.780] Or you could petition for declaratory judgment [51:27.780 --> 51:30.260] and ask the court to rule that the assignment is invalid [51:30.260 --> 51:32.340] if that's what you think the issue is. [51:32.340 --> 51:34.620] But it's not an assignment. [51:34.620 --> 51:37.540] It's a letter concerning transferring of servicing [51:37.540 --> 51:38.500] rights. [51:38.500 --> 51:43.340] OK, the assignment of a document. [51:43.340 --> 51:48.140] Transfer of servicing rights is what the letter is stating. [51:48.140 --> 51:52.820] And they do that all the time, John. [51:52.820 --> 51:56.980] So what you're doing is disputing [51:56.980 --> 51:59.140] that they're able to transfer the servicing rights. [51:59.140 --> 52:03.580] And you can dispute that, right? [52:03.580 --> 52:04.860] But you would dispute it. [52:04.860 --> 52:06.940] What rights were they transferring? [52:06.940 --> 52:10.060] How were they transferring them? [52:10.060 --> 52:12.180] And there's no requirement for them [52:12.180 --> 52:15.220] to file the transfer of servicing rights [52:15.220 --> 52:16.100] in the public record. [52:16.100 --> 52:19.420] They're giving you notice is what they're doing. [52:19.420 --> 52:20.220] Yes, there is. [52:20.220 --> 52:22.980] So we would say to them, if the Supreme Court requires it. [52:22.980 --> 52:25.340] Eight months later, they said, we didn't really [52:25.340 --> 52:27.740] mean to do that. [52:27.740 --> 52:29.620] What exactly did they say eight months later? [52:29.620 --> 52:32.900] Because what's happened is that, for a while, [52:32.900 --> 52:36.140] Bank of America did file transfer of servicing rights. [52:36.140 --> 52:39.380] And then they filed notice of rescission [52:39.380 --> 52:43.420] of giving notice of transfer of servicing rights. [52:43.420 --> 52:50.140] So can you remember the verbiage contained within the letter? [52:50.140 --> 52:53.140] Yeah. [52:53.140 --> 52:55.940] We are writing to inform you that your mortgage loan noted [52:55.940 --> 52:59.260] above with Bank of America has been transferred [52:59.260 --> 53:03.340] to resurgent mortgage servicing. [53:03.340 --> 53:04.500] OK, hold on, hold on. [53:04.500 --> 53:06.420] Not that letter. [53:06.420 --> 53:10.060] The one saying they goofed. [53:10.060 --> 53:12.660] Oh, they called me on the telephone. [53:12.660 --> 53:13.260] Oh, OK. [53:13.260 --> 53:19.220] Did they file a notice of rescission in the record? [53:19.220 --> 53:20.860] No. [53:20.860 --> 53:29.540] OK, then this resurgent is still the servicer of record? [53:29.540 --> 53:33.380] No, the resurgent never was of record. [53:33.380 --> 53:34.860] They just sent me the letter. [53:34.860 --> 53:36.340] Then eight months later, they called me [53:36.340 --> 53:38.260] and said, we really didn't mean to do that. [53:38.260 --> 53:43.060] OK, then did you send resurgent any money? [53:43.060 --> 53:44.620] No. [53:44.620 --> 53:48.460] OK, then no harm, no foul. [53:48.460 --> 53:52.580] So Bank of America NA is still your servicer, correct? [53:52.580 --> 53:53.740] Yes. [53:53.740 --> 53:55.140] OK. [53:55.140 --> 53:56.460] Yeah, no harm, no foul. [53:56.460 --> 53:59.260] OK, maybe they shouldn't have done that. [53:59.260 --> 54:01.620] Maybe they shouldn't have made that mistake. [54:01.620 --> 54:08.500] But the only way you can raise the issue [54:08.500 --> 54:11.340] is by claiming some harm. [54:11.340 --> 54:15.180] And if this didn't affect your payments, [54:15.180 --> 54:17.300] it didn't affect who you paid. [54:17.300 --> 54:25.740] And if your payments were still attributed to your note, [54:25.740 --> 54:28.420] then there's no harm. [54:28.420 --> 54:31.300] Only annoyance, and annoyance don't count. [54:31.300 --> 54:38.380] OK, but from the county clerk refusing to record that, [54:38.380 --> 54:40.420] did I just blow it off? [54:40.420 --> 54:43.420] No, that's another issue. [54:43.420 --> 54:48.620] And this is just for a matter of point of law. [54:48.620 --> 54:53.020] Where did the county clerk get authority [54:53.020 --> 54:56.660] to refuse to file a document in the record? [54:56.660 --> 54:59.300] Well, the letter that they gave me back, [54:59.300 --> 55:01.620] they said they were going to have their legal advisor [55:01.620 --> 55:05.700] look at it, because it's a document that we didn't. [55:05.700 --> 55:08.660] OK, you didn't answer my question. [55:08.660 --> 55:12.820] You have to answer this question to yourself first. [55:12.820 --> 55:15.740] A public official, unlike a private citizen, [55:15.740 --> 55:19.620] private citizen do anything he wants to, [55:19.620 --> 55:23.020] unless the law specifically forbids [55:23.020 --> 55:25.460] him to do a certain thing. [55:25.460 --> 55:30.260] A public official is in the opposite position. [55:30.260 --> 55:34.860] They may only do what they are specifically [55:34.860 --> 55:37.180] authorized to do. [55:37.180 --> 55:42.940] So ask the clerk, where is your specific statutory [55:42.940 --> 55:46.460] authorization to refuse to perform [55:46.460 --> 55:50.500] your duty of filing documents in the record? [55:50.500 --> 55:52.180] OK. [55:52.180 --> 55:55.340] I'll tell you where it's at. [55:55.340 --> 55:57.900] Nowhere does it exist. [56:00.820 --> 56:05.340] County clerks are not intended to have that authority. [56:05.340 --> 56:08.500] When I was in Pennsylvania doing the seminar up there, [56:08.500 --> 56:10.060] somebody asked me, what can you do [56:10.060 --> 56:14.780] to the clerk for filing these documents in the record? [56:14.780 --> 56:16.740] I told him nothing. [56:16.740 --> 56:19.180] Oh, they're doing this, and they're doing that. [56:19.180 --> 56:24.100] I said, look, Bubba, you need to be careful what you ask for. [56:24.100 --> 56:27.140] I don't want that clerk having anything [56:27.140 --> 56:30.940] to say about what I file in the record. [56:30.940 --> 56:33.460] I give it to her, she files it. [56:33.460 --> 56:36.020] Now, if she thinks there's something wrong with it, [56:36.020 --> 56:38.420] she can go to the courts and ask the courts [56:38.420 --> 56:41.300] to make a determination. [56:41.300 --> 56:44.580] But she's not to make that determination. [56:44.580 --> 56:47.180] And we have them trying to make the determination here, [56:47.180 --> 56:51.020] and I suggest you prepare criminal complaints against them. [56:51.020 --> 56:54.180] I see 817, you in Tarrant County? [56:54.180 --> 56:55.740] Yes. [56:55.740 --> 56:57.860] We need to hammer that one anyway. [56:57.860 --> 57:02.020] I will be down there soon to hammer [57:02.020 --> 57:03.940] the specific purpose of hammering [57:03.940 --> 57:06.460] the district attorney, I mean, county clerk. [57:06.460 --> 57:09.700] I'm going to go down there with documents to file, [57:09.700 --> 57:11.620] and they're going to say they're going to give them [57:11.620 --> 57:17.420] to their legal counsel, and I'm going to call 911. [57:17.420 --> 57:20.140] While your lawyer is looking that over, [57:20.140 --> 57:22.940] I want you arrested. [57:22.940 --> 57:25.980] And you can explain your behavior to a grand jury. [57:28.620 --> 57:29.900] OK. [57:29.900 --> 57:33.260] This is our job. [57:33.260 --> 57:36.100] Never try to get somebody arrested out of anger [57:36.100 --> 57:38.380] or avarice. [57:38.380 --> 57:40.940] OK, the second thing I want to ask him [57:40.940 --> 57:42.580] is about fraud on the court. [57:45.500 --> 57:49.140] I had an affidavit that was filed in a summary judgment [57:49.140 --> 57:52.900] against me, and the attorney, this [57:52.900 --> 57:56.180] is not the fix to go to break. [57:56.180 --> 57:59.420] No, we got one minute. [57:59.420 --> 58:00.780] Keep going. [58:00.780 --> 58:02.540] This is not the attorney on the other side, [58:02.540 --> 58:05.660] but the attorney that did the wheel. [58:05.660 --> 58:08.220] And it was based upon a forgery. [58:08.220 --> 58:10.580] I've got that information. [58:10.580 --> 58:13.500] Well, OK, that's a little too complex [58:13.500 --> 58:15.220] and a little too cryptic at this point. [58:15.220 --> 58:16.900] We're going to run out of time before we [58:16.900 --> 58:17.740] can get to all of that. [58:17.740 --> 58:19.220] So we will pick this back up when [58:19.220 --> 58:21.500] we come back on the other side. [58:21.500 --> 58:25.460] We're going to need a little referential index, [58:25.460 --> 58:27.100] and I'll explain that when we come back. [58:27.100 --> 58:30.980] This is Brady Kelton, Devin Stevens, Joe Esquivel. [58:30.980 --> 58:33.020] We're going to our top of the hour break, [58:33.020 --> 58:35.580] so it'll be two or three minutes. [58:35.580 --> 58:37.460] But give us a call. [58:37.460 --> 58:39.460] Our calls tend to build up toward the end. [58:39.460 --> 58:44.300] Our call in number 512-646-1984. [58:44.300 --> 58:45.540] We'll be right back. [58:50.300 --> 58:52.780] Would you like to make more definite progress [58:52.780 --> 58:54.100] in your walk with God? [58:54.100 --> 58:57.580] Bibles for America is offering a free study Bible [58:57.580 --> 59:01.020] and a set of free Christian books that can really help. [59:01.020 --> 59:02.700] The New Testament Recovery Version [59:02.700 --> 59:06.220] is one of the most comprehensive study Bibles available today. [59:06.220 --> 59:08.060] It's an accurate translation, and it [59:08.060 --> 59:09.980] contains thousands of footnotes that [59:09.980 --> 59:13.500] will help you to know God and to know the meaning of life. [59:13.500 --> 59:15.660] The free books are a three-volume set [59:15.660 --> 59:18.460] called Basic Elements of the Christian Life. [59:18.460 --> 59:21.460] Chapter by chapter, Basic Elements of the Christian Life [59:21.460 --> 59:24.340] clearly presents God's plan of salvation, [59:24.340 --> 59:27.980] growing in Christ, and how to build up the Church. [59:27.980 --> 59:30.900] To order your free New Testament Recovery Version [59:30.900 --> 59:33.940] and Basic Elements of the Christian Life, [59:33.940 --> 59:40.620] call Bibles for America toll free at 888-551-0102. [59:40.620 --> 59:45.180] That's 888-551-0102. [59:45.180 --> 59:51.460] Or visit us online at BFA.org. [59:51.460 --> 59:55.220] Live free speech radio, LogosRadioNetwork.com. [01:00:03.220 --> 01:00:05.980] You're listening to the Liberty Beat, [01:00:05.980 --> 01:00:10.380] your daily source for Liberty news and activist updates, [01:00:10.380 --> 01:00:15.460] online at TheLibertyBeat.com. [01:00:15.460 --> 01:00:18.860] John Bush here with your Liberty Beat for Friday, September 13, [01:00:18.860 --> 01:00:20.100] 2013. [01:00:20.100 --> 01:00:25.660] Gold open today at $1,317, silver at $21.86, [01:00:25.660 --> 01:00:30.340] and Bitcoin is trading at $119.86. [01:00:30.340 --> 01:00:33.260] Support from the Liberty Beat comes from Sons of Liberty Mint, [01:00:33.260 --> 01:00:35.900] specializing in visible and invisible silver, [01:00:35.900 --> 01:00:38.420] and known for their exceptional customer service. [01:00:38.420 --> 01:00:41.180] Online at SonsofLibertyMint.com. [01:00:41.180 --> 01:00:44.740] That's S-U-N-S of LibertyMint.com. [01:00:44.740 --> 01:00:47.620] And from Central Texas Gunworks, CHL courses, [01:00:47.620 --> 01:00:50.180] self-defense training, and firearm sales. [01:00:50.180 --> 01:00:53.220] Online at CentralTexasGunworks.com. [01:00:53.220 --> 01:00:54.700] And now the news. [01:00:54.700 --> 01:00:57.340] For more than a month, the Central Intelligence Agency [01:00:57.340 --> 01:01:00.580] has been delivering light machine guns and small arms [01:01:00.580 --> 01:01:02.660] to the al-Qaeda-linked Syrian rebels, [01:01:02.660 --> 01:01:04.500] according to anonymous sources speaking [01:01:04.500 --> 01:01:06.820] with the Associated Press, the Washington Post, [01:01:06.820 --> 01:01:08.340] and the Wall Street Journal. [01:01:08.340 --> 01:01:10.780] The rebels have also received anti-tank weapons, [01:01:10.780 --> 01:01:12.940] such as rocket-propelled grenades. [01:01:12.940 --> 01:01:15.260] The top rebel commander denied receiving the aid, [01:01:15.260 --> 01:01:18.020] and the CIA declined to comment on the situation. [01:01:21.580 --> 01:01:23.940] On September 11, 2013, a coalition [01:01:23.940 --> 01:01:25.860] of more than 40 different organizations [01:01:25.860 --> 01:01:28.660] came together to host a speaking event in the heart of Times [01:01:28.660 --> 01:01:31.260] Square underneath a newly erected billboard that [01:01:31.260 --> 01:01:35.460] asked the question, did you know a third tower fell on 9-11? [01:01:35.460 --> 01:01:38.620] The event was part of ongoing efforts by the Rethink 9-11 [01:01:38.620 --> 01:01:41.540] campaign, which has been organized by a number of groups, [01:01:41.540 --> 01:01:44.540] including the architects and engineers for 9-11 Truth. [01:01:44.540 --> 01:01:46.580] Former Congresswoman Cynthia McKinney [01:01:46.580 --> 01:01:48.500] spoke at the event, detailing her role [01:01:48.500 --> 01:01:50.460] in questioning the investigation of the event [01:01:50.460 --> 01:01:52.740] from the beginning, specifically challenging then [01:01:52.740 --> 01:01:54.780] Secretary of Defense Donald Rumsfeld [01:01:54.780 --> 01:01:57.540] on his knowledge of financial aspects of the attacks [01:01:57.540 --> 01:01:58.460] on that day. [01:01:58.460 --> 01:02:00.380] The Rethink 9-11 campaign recently [01:02:00.380 --> 01:02:03.340] released a poll showing that 12 years after the events, [01:02:03.340 --> 01:02:06.420] a majority of Americans do not believe the official account [01:02:06.420 --> 01:02:09.580] of what happened that day and support a new investigation. [01:02:09.580 --> 01:02:12.020] For more information or to support their efforts, [01:02:12.020 --> 01:02:14.260] visit Rethink911.org. [01:02:19.460 --> 01:02:22.100] The Egyptian presidency, with the backing of the military, [01:02:22.100 --> 01:02:24.700] announced a two-month extension of a state of emergency [01:02:24.700 --> 01:02:25.460] on Thursday. [01:02:25.460 --> 01:02:27.120] Violence has spread throughout the country [01:02:27.120 --> 01:02:29.700] in the wake of the military overthrow of President Muhammad [01:02:29.700 --> 01:02:31.500] Morsi on July 3. [01:02:31.500 --> 01:02:34.020] The military-backed government believes the Muslim Brotherhood [01:02:34.020 --> 01:02:36.260] is inciting violence throughout the nation. [01:02:36.260 --> 01:02:39.460] The military has responded by smashing opposition protests [01:02:39.460 --> 01:02:41.020] and killing hundreds of suspected [01:02:41.020 --> 01:02:42.860] members of the Brotherhood. [01:02:42.860 --> 01:02:45.580] Support for the Liberty Beat comes from Carmacazi Productions, [01:02:45.580 --> 01:02:47.020] the production house bringing you [01:02:47.020 --> 01:02:48.900] sovereign living to show, specializing [01:02:48.900 --> 01:02:51.740] in high-quality audio recording and video production [01:02:51.740 --> 01:02:55.180] for the Liberty Movement, online at carmacazi.tv, [01:02:55.180 --> 01:02:58.340] and from Cabo Bob's, the first high-fructose corn syrup-free [01:02:58.340 --> 01:03:01.820] quick-serve restaurant in the country. [01:03:01.820 --> 01:03:28.780] It's all according to the will of the Almighty. [01:03:28.780 --> 01:03:50.860] OK, we are back, Randy Felton, Joe Escobel, Rue Blah Radio, [01:03:50.860 --> 01:03:53.940] and we're talking to John in Texas. [01:03:53.940 --> 01:03:56.860] OK, John, you want to kind of start that over again [01:03:56.860 --> 01:04:00.340] and kind of give us an idea of what this case is about. [01:04:00.340 --> 01:04:03.540] Yeah, I have a summary judgment. [01:04:03.540 --> 01:04:06.540] Went all the way to the Texas Supreme Court, [01:04:06.540 --> 01:04:09.100] and it involved a will. [01:04:09.100 --> 01:04:11.820] And long story short, the attorney, [01:04:11.820 --> 01:04:13.220] not the attorney on the other side, [01:04:13.220 --> 01:04:15.780] but the attorney that drew up the will, [01:04:15.780 --> 01:04:20.180] he made some false statements on the affidavit. [01:04:20.180 --> 01:04:24.220] And if I'm on their opinion, it's a void judgment. [01:04:24.220 --> 01:04:26.700] Well, I've been doing some research on these void [01:04:26.700 --> 01:04:28.180] judgments. [01:04:28.180 --> 01:04:31.260] And it's like it's no jurisdiction, no authority, [01:04:31.260 --> 01:04:35.020] no deep process, no judicata, no latches. [01:04:35.020 --> 01:04:36.780] It's not even appealable. [01:04:36.780 --> 01:04:41.940] It's a clear cut that he lied on the affidavit. [01:04:41.940 --> 01:04:44.940] And I want to go after and put aside, [01:04:44.940 --> 01:04:47.300] because there's a lot of money in land. [01:04:47.300 --> 01:04:49.500] I got the right guy. [01:04:49.500 --> 01:04:55.980] If you will send me an email, I will send it to Jeff Sedgwick. [01:04:55.980 --> 01:04:58.100] Or you can look on the internet and do [01:04:58.100 --> 01:05:00.340] a search for void judgments. [01:05:00.340 --> 01:05:04.940] That's his website is Void Judgments. [01:05:04.940 --> 01:05:06.940] OK, what does it mean? [01:05:06.940 --> 01:05:10.220] He knows more about that than about anybody I know. [01:05:10.220 --> 01:05:14.100] If you'll send me an email, I will forward it to him. [01:05:14.100 --> 01:05:15.220] OK, I will do that. [01:05:15.220 --> 01:05:17.500] OK, I want to take one more minute. [01:05:17.500 --> 01:05:22.020] I emailed you a document that's about 68 or 70 pages. [01:05:22.020 --> 01:05:26.380] It's about filing fraudulent documents in the state of Texas. [01:05:26.380 --> 01:05:30.220] It's the same one that's given to all of the county clerks. [01:05:30.220 --> 01:05:31.100] I sent it to you. [01:05:31.100 --> 01:05:34.020] 51.901, 51.903 is the limit. [01:05:34.020 --> 01:05:36.900] No, no, no, this is something else. [01:05:36.900 --> 01:05:39.140] 70 pages? [01:05:39.140 --> 01:05:40.620] Yeah, it's what? [01:05:40.620 --> 01:05:43.140] How long ago? [01:05:43.140 --> 01:05:45.180] About three, maybe four weeks ago. [01:05:45.180 --> 01:05:47.580] I sent it to you PDF form. [01:05:47.580 --> 01:05:50.540] Yeah, I kind of remember that, but I haven't [01:05:50.540 --> 01:05:53.140] had time to get through it. [01:05:53.140 --> 01:05:56.100] It's the same ones that the county clerks, [01:05:56.100 --> 01:05:57.540] every other year they're required [01:05:57.540 --> 01:06:00.620] to go through a little refresher course or something. [01:06:00.620 --> 01:06:05.380] One way, there's a Dallas attorney wrote this, [01:06:05.380 --> 01:06:10.420] and I got a copy of it from the University of Texas law thing, [01:06:10.420 --> 01:06:11.060] I think it was. [01:06:11.060 --> 01:06:13.180] But anyway, I sent it to you. [01:06:13.180 --> 01:06:16.140] So if you didn't get it, I'll take it back. [01:06:16.140 --> 01:06:18.060] I think I got it. [01:06:18.060 --> 01:06:19.500] Would you send it again? [01:06:19.500 --> 01:06:23.060] I get about 50 to 100 emails a day, [01:06:23.060 --> 01:06:26.060] and they get buried really fast. [01:06:26.060 --> 01:06:29.500] OK, how can I flag it so you can get it? [01:06:29.500 --> 01:06:35.260] Put the subject matter, the subject line in all caps. [01:06:35.260 --> 01:06:37.540] OK, I'll do that. [01:06:37.540 --> 01:06:38.660] I tell people to do that. [01:06:38.660 --> 01:06:42.460] If I see one in all caps, I always pay attention to it. [01:06:42.460 --> 01:06:44.020] OK, I'll do that. [01:06:44.020 --> 01:06:45.220] OK, I'll take the phone. [01:06:45.220 --> 01:06:46.700] Yeah, I would like to see that. [01:06:46.700 --> 01:06:47.460] Thank you, John. [01:06:47.460 --> 01:06:49.460] OK, thanks. [01:06:49.460 --> 01:06:53.220] OK, we're going to go to Roxanne in Texas. [01:06:53.220 --> 01:06:54.500] Hello, Roxanne. [01:06:54.500 --> 01:06:56.420] Hello, how are you? [01:06:56.420 --> 01:06:57.580] I am wonderful. [01:06:57.580 --> 01:06:59.860] I don't care what everybody says. [01:06:59.860 --> 01:07:00.420] That's good. [01:07:00.420 --> 01:07:03.980] I wish I could say that right now. [01:07:03.980 --> 01:07:05.660] What is your issue? [01:07:05.660 --> 01:07:09.060] My daughter got arrested last night. [01:07:09.060 --> 01:07:12.220] She drove for me because I had just gotten out of the hospital, [01:07:12.220 --> 01:07:16.500] and I couldn't drive because I fell at a grocery store, [01:07:16.500 --> 01:07:18.820] and I messed up my shoulder and my arm. [01:07:18.820 --> 01:07:21.300] And anyways, the officer pulled us over. [01:07:21.300 --> 01:07:24.460] She had a suspended license. [01:07:24.460 --> 01:07:26.580] She told them right then and then what was going on. [01:07:26.580 --> 01:07:28.460] To make a long story short, they took her in. [01:07:28.460 --> 01:07:30.860] He told me that she would get out at five. [01:07:30.860 --> 01:07:34.180] She's 36 weeks pregnant, and she's [01:07:34.180 --> 01:07:36.140] supposed to have gone to see a hematologist [01:07:36.140 --> 01:07:40.060] because she's losing her arm, and they [01:07:40.060 --> 01:07:42.460] could put the baby at risk. [01:07:42.460 --> 01:07:44.900] So she didn't get to go to her appointment [01:07:44.900 --> 01:07:47.220] because he said she would get out at five in the morning, [01:07:47.220 --> 01:07:48.380] and she didn't. [01:07:48.380 --> 01:07:51.100] And they're telling us that she can't get out right now [01:07:51.100 --> 01:07:54.540] because she has a $3,500 bond. [01:07:54.540 --> 01:07:56.140] Anyways, we've been calling around, [01:07:56.140 --> 01:07:58.460] and her boyfriend found a lawyer. [01:07:58.460 --> 01:08:02.740] And he said if we give him $500, he guaranteed to get her out. [01:08:02.740 --> 01:08:04.980] And then we called back an hour later, [01:08:04.980 --> 01:08:06.460] and then he started changing it. [01:08:06.460 --> 01:08:08.180] He said, well, there's not a guarantee, [01:08:08.180 --> 01:08:10.300] but we could try to plea. [01:08:10.300 --> 01:08:14.460] And if we don't get her out, the $500 would go towards him, [01:08:14.460 --> 01:08:16.820] and then we would have to come up with the $400 [01:08:16.820 --> 01:08:18.380] for when she goes to court. [01:08:18.380 --> 01:08:19.860] And I didn't feel comfortable about it, [01:08:19.860 --> 01:08:22.380] but at this point, I wanted to hurry up and get her out. [01:08:22.380 --> 01:08:28.740] OK, listen, $500 and $400, as lawyers go, [01:08:28.740 --> 01:08:30.700] that's really a small amount. [01:08:30.700 --> 01:08:33.220] Right. [01:08:33.220 --> 01:08:36.420] He's not wanting $2,000, $3,000, $4,000. [01:08:36.420 --> 01:08:38.220] Right. [01:08:38.220 --> 01:08:39.980] And I understand all of that. [01:08:39.980 --> 01:08:41.980] I get all that, that money is money, [01:08:41.980 --> 01:08:43.820] and you got to do what you got to do. [01:08:43.820 --> 01:08:45.580] Well, I went to the ATM machine. [01:08:45.580 --> 01:08:47.980] We were on our way there to meet him at the courthouse. [01:08:47.980 --> 01:08:50.980] And it so happened that the bank was having problems [01:08:50.980 --> 01:08:51.820] with their system. [01:08:51.820 --> 01:08:53.820] And they said, can you try back an hour? [01:08:53.820 --> 01:08:55.460] And they could transfer the money, [01:08:55.460 --> 01:08:56.860] because I just got paid. [01:08:56.860 --> 01:08:57.980] And I said, OK. [01:08:57.980 --> 01:09:01.220] And so we went to go talk to him to see if he could give us. [01:09:01.220 --> 01:09:02.900] OK, wait a minute, wait a minute. [01:09:02.900 --> 01:09:05.620] Let's not go through all of the details. [01:09:05.620 --> 01:09:07.420] What is the end result? [01:09:07.420 --> 01:09:11.140] OK, if it's a $3,500 bond, you could most likely [01:09:11.140 --> 01:09:16.460] get her out from between $350 to $500 from a bondsman. [01:09:16.460 --> 01:09:17.740] Have you talked to any bondsmen? [01:09:17.740 --> 01:09:23.340] Bondsmen, everyone I've talked to has told me $1,300, $1,800. [01:09:23.340 --> 01:09:25.260] That's outrageous. [01:09:25.260 --> 01:09:27.660] 20% is generally the maximum. [01:09:27.660 --> 01:09:29.500] And that would only be $700. [01:09:29.500 --> 01:09:31.660] And they said the reason is because of the bond [01:09:31.660 --> 01:09:33.660] forfeit she has on her. [01:09:33.660 --> 01:09:35.380] Oh, that's different. [01:09:35.380 --> 01:09:37.420] Bond forfeiture is a big deal. [01:09:37.420 --> 01:09:38.820] Yes. [01:09:38.820 --> 01:09:41.260] And the bondsmen don't want to touch it. [01:09:41.260 --> 01:09:41.760] Right. [01:09:41.760 --> 01:09:43.260] OK. [01:09:43.260 --> 01:09:48.820] OK, here is something you can try if you own property. [01:09:48.820 --> 01:09:51.980] You have a right to bail. [01:09:51.980 --> 01:09:58.220] You do not have a statutory or constitutional right to bond. [01:09:58.220 --> 01:10:02.220] You have a constitutional right to bail. [01:10:02.220 --> 01:10:05.380] And bail is a written undertaking, [01:10:05.380 --> 01:10:11.340] where you promise to pay the court a certain amount, [01:10:11.340 --> 01:10:15.340] plus the cost of re-incarcerating someone [01:10:15.340 --> 01:10:20.500] if they default on the bond. [01:10:20.500 --> 01:10:22.740] But it doesn't involve any money. [01:10:22.740 --> 01:10:23.240] OK. [01:10:23.240 --> 01:10:26.180] So if you own property, you can put up the property [01:10:26.180 --> 01:10:29.100] as collateral and write a bail. [01:10:29.100 --> 01:10:31.780] We had a bond that said if we had someone that owned a home, [01:10:31.780 --> 01:10:32.940] they could bond her out. [01:10:32.940 --> 01:10:35.860] But we would still have to pay $1,200. [01:10:35.860 --> 01:10:39.740] OK, you can bond them out yourself. [01:10:39.740 --> 01:10:43.780] Anyone can post bail for anybody else. [01:10:43.780 --> 01:10:45.740] OK, the thing that is upsetting to me [01:10:45.740 --> 01:10:47.580] is that we went there with intentions. [01:10:47.580 --> 01:10:50.020] I understand this lawyer was waiting for us. [01:10:50.020 --> 01:10:53.380] And money is time, whatever he is for him, whatever. [01:10:53.380 --> 01:10:56.740] But he did not give us any ounce of chance. [01:10:56.740 --> 01:10:59.460] He started yelling at us in front of the courthouse [01:10:59.460 --> 01:11:02.980] real loud, being rude and obnoxious to everyone, [01:11:02.980 --> 01:11:05.060] accusing us of this, saying this and that. [01:11:05.060 --> 01:11:07.220] And I tried to explain to him, and he didn't want to listen. [01:11:07.220 --> 01:11:08.620] He was just yelling into me. [01:11:08.620 --> 01:11:10.180] File a bar grievance against him. [01:11:10.180 --> 01:11:12.420] That'll jerk a knot in his shorts. [01:11:12.420 --> 01:11:15.340] Yeah, and then ask yourself, is this guy that you really [01:11:15.340 --> 01:11:16.780] want to do business with? [01:11:16.780 --> 01:11:17.460] No, I don't. [01:11:17.460 --> 01:11:19.740] That's after you grieve him. [01:11:19.740 --> 01:11:22.300] Has he already agreed? [01:11:22.300 --> 01:11:23.980] Did you give him any money yet? [01:11:23.980 --> 01:11:24.980] No, I tried. [01:11:24.980 --> 01:11:26.700] We were going to give him the money. [01:11:26.700 --> 01:11:28.980] And like I said, I had to wait an hour [01:11:28.980 --> 01:11:31.740] so I could get it out of my ATM machine. [01:11:31.740 --> 01:11:32.460] OK, OK, OK. [01:11:32.460 --> 01:11:33.140] Wait, wait, wait. [01:11:33.140 --> 01:11:35.900] Let's not go into all those details again. [01:11:35.900 --> 01:11:38.860] Bargary is a lawyer. [01:11:38.860 --> 01:11:42.140] That will make him really, really unhappy, [01:11:42.140 --> 01:11:45.660] because if it's his first year of practice, [01:11:45.660 --> 01:11:50.020] they'll cancel his malpractice insurance immediately. [01:11:50.020 --> 01:11:52.060] If it's not his first year in practice, [01:11:52.060 --> 01:11:55.380] they'll double his premium. [01:11:55.380 --> 01:11:59.780] And they generally start $25,000, $30,000 a year. [01:11:59.780 --> 01:12:02.020] But that won't help get your daughter out. [01:12:02.020 --> 01:12:05.660] Go down to the court and post bail. [01:12:10.620 --> 01:12:12.380] They're going to object to taking bail. [01:12:15.300 --> 01:12:19.900] I wish I had an easy remedy, but our public officials [01:12:19.900 --> 01:12:21.540] don't follow law. [01:12:21.540 --> 01:12:24.500] I was understanding that most of the time, [01:12:24.500 --> 01:12:26.940] the judge will let her go because of their condition, [01:12:26.940 --> 01:12:29.660] and they don't want to be held liable for any medical thing [01:12:29.660 --> 01:12:30.980] that could be going on. [01:12:30.980 --> 01:12:32.700] I have every medical document that [01:12:32.700 --> 01:12:34.780] backs up what I say, that my daughter needs [01:12:34.780 --> 01:12:35.980] medical attention. [01:12:35.980 --> 01:12:37.100] OK, hold on, hold on. [01:12:37.100 --> 01:12:39.860] Don't go into all that. [01:12:39.860 --> 01:12:42.900] Who is holding her, county or city? [01:12:42.900 --> 01:12:45.220] Travis County. [01:12:45.220 --> 01:12:52.260] Then go down and go into court and see [01:12:52.260 --> 01:12:56.580] if you can approach a county judge and ask the county judge [01:12:56.580 --> 01:13:00.140] to grant you a bond hearing. [01:13:00.140 --> 01:13:01.620] OK. [01:13:01.620 --> 01:13:07.780] And if she is indigent, if you're low on cash, [01:13:07.780 --> 01:13:09.980] ask the judge to appoint counsel. [01:13:09.980 --> 01:13:13.580] Say you've got a daughter who's pregnant, [01:13:13.580 --> 01:13:18.500] who has complications, she's being held in your jail, [01:13:18.500 --> 01:13:20.940] and we need to get her out so we can get her to the doctor. [01:13:20.940 --> 01:13:23.180] We hold a bond hearing and ask him [01:13:23.180 --> 01:13:25.140] to release her on a PR bond, which [01:13:25.140 --> 01:13:27.620] you're not likely to do because you have a revocation. [01:13:27.620 --> 01:13:30.380] Revocation's a problem. [01:13:30.380 --> 01:13:33.500] But see if you can get a judge to lower the bond [01:13:33.500 --> 01:13:36.460] so that she can get out to go to this. [01:13:36.460 --> 01:13:38.580] Ask the judge to take bail from you, [01:13:38.580 --> 01:13:43.300] that you'll put up property to guarantee the bond. [01:13:43.300 --> 01:13:47.180] And the judge is likely to want her out of there. [01:13:47.180 --> 01:13:51.140] So go to the county clerk and tell the county clerk [01:13:51.140 --> 01:13:57.540] you want to talk to a judge for an emergency bond hearing. [01:13:57.540 --> 01:14:00.220] Emergency bond hearing, OK. [01:14:00.220 --> 01:14:05.300] And tell them that you're prepared to post bail [01:14:05.300 --> 01:14:08.780] as opposed to bond. [01:14:08.780 --> 01:14:12.780] And you'll post collateral for the bail. [01:14:12.780 --> 01:14:16.740] And the judges are likely to be easy to get along with. [01:14:16.740 --> 01:14:18.820] The jails are not. [01:14:18.820 --> 01:14:20.940] OK. [01:14:20.940 --> 01:14:23.300] I go down, I beat them up, I jerk them around, [01:14:23.300 --> 01:14:25.100] I file criminal charges, I do all this stuff. [01:14:25.100 --> 01:14:26.780] But that doesn't get your daughter out. [01:14:26.780 --> 01:14:29.460] And so that's why I'm not suggesting that. [01:14:29.460 --> 01:14:32.020] Right now, most important is to get her out of there. [01:14:32.020 --> 01:14:32.540] Right. [01:14:32.540 --> 01:14:39.740] If you, it's going to be Monday before you can go down [01:14:39.740 --> 01:14:43.660] to the jail and ask to have a magistrate on duty. [01:14:43.660 --> 01:14:46.980] Ask to, you want to speak to a magistrate to hold [01:14:46.980 --> 01:14:50.340] an emergency bond hearing. [01:14:50.340 --> 01:14:53.140] It's a magistrate, you said a majesty? [01:14:53.140 --> 01:14:54.300] Yeah, magistrate. [01:14:54.300 --> 01:14:59.660] They'll have magistrates available even on the weekends. [01:14:59.660 --> 01:15:06.060] And tell them that you want to speak to a magistrate [01:15:06.060 --> 01:15:11.780] to request an emergency bail hearing, bond hearing. [01:15:11.780 --> 01:15:14.860] OK. [01:15:14.860 --> 01:15:20.540] That's about the best I can offer you at the moment. [01:15:20.540 --> 01:15:25.140] The problem is it's Friday night. [01:15:25.140 --> 01:15:28.820] And it'll be Monday morning before the courts are there. [01:15:28.820 --> 01:15:31.620] OK. [01:15:31.620 --> 01:15:34.900] The best thing to do is be a nuisance. [01:15:34.900 --> 01:15:38.180] I'm definitely trying my hardest to be a nuisance. [01:15:38.180 --> 01:15:40.220] The more annoying you are, the more likely [01:15:40.220 --> 01:15:43.060] they are to get her out of there, just to keep you [01:15:43.060 --> 01:15:44.780] from annoying them. [01:15:44.780 --> 01:15:47.420] OK. [01:15:47.420 --> 01:15:48.740] OK, good luck. [01:15:48.740 --> 01:15:51.140] I'm sorry I couldn't give you more help. [01:15:51.140 --> 01:15:52.460] No, you've done more than enough. [01:15:52.460 --> 01:15:55.420] And I would definitely do this grievance thing on this lawyer [01:15:55.420 --> 01:15:58.180] because he had no reason to be yelling at us like that. [01:15:58.180 --> 01:16:01.740] We're just as human as he is, and nobody [01:16:01.740 --> 01:16:03.820] wasn't trying to do anything to burn him. [01:16:03.820 --> 01:16:08.020] He just seemed to be treating us like we were wasting his time. [01:16:08.020 --> 01:16:10.260] And I just think, you know what? [01:16:10.260 --> 01:16:12.660] Yeah, we need you, but we don't need it enough for you [01:16:12.660 --> 01:16:15.980] to be treating us the way you did. [01:16:15.980 --> 01:16:19.460] When lawyers get attitudes, bar grievances [01:16:19.460 --> 01:16:22.580] act to adjust their attitudes. [01:16:22.580 --> 01:16:24.500] OK, we're about to go to break. [01:16:24.500 --> 01:16:25.420] Thank you, Roxanne. [01:16:25.420 --> 01:16:28.980] And let us know how this turns out. [01:16:28.980 --> 01:16:31.900] This is Randy Kelton, Deborah Stevens, Root of Law Radio, [01:16:31.900 --> 01:16:35.620] here with our special guest, Joe Esquivel. [01:16:35.620 --> 01:16:37.820] Mike, I see you there. [01:16:37.820 --> 01:16:39.300] We're running out of callers. [01:16:39.300 --> 01:16:41.500] And after we do run out of callers, [01:16:41.500 --> 01:16:45.940] I have an issue that I want to address with Joe [01:16:45.940 --> 01:16:47.860] on the securities matter. [01:16:47.860 --> 01:16:49.380] So hang on. [01:16:49.380 --> 01:16:53.700] I'll call in number 512-646-1984. [01:16:53.700 --> 01:16:54.900] We'll be right back. [01:17:00.580 --> 01:17:03.020] Through advances in technology, our lives [01:17:03.020 --> 01:17:06.500] have greatly improved, except in the area of nutrition. [01:17:06.500 --> 01:17:09.460] People feed their pets better than they feed themselves. [01:17:09.460 --> 01:17:11.380] And it's time we changed all that. [01:17:11.380 --> 01:17:14.460] Our primary defense against aging and disease [01:17:14.460 --> 01:17:17.700] in this toxic environment is good nutrition. [01:17:17.700 --> 01:17:19.380] In a world where natural foods have [01:17:19.380 --> 01:17:22.380] been irradiated, adulterated, and mutilated, [01:17:22.380 --> 01:17:25.740] young Jevity can provide the nutrients you need. [01:17:25.740 --> 01:17:28.060] Logos Radio Network gets many requests [01:17:28.060 --> 01:17:31.660] to endorse all sorts of products, most of which we reject. [01:17:31.660 --> 01:17:34.540] We have come to trust young Jevity so much, [01:17:34.540 --> 01:17:36.580] we became a marketing distributor, [01:17:36.580 --> 01:17:40.100] along with Alex Jones, Ben Fuchs, and many others. [01:17:40.100 --> 01:17:43.460] When you order from LogosRadioNetwork.com, [01:17:43.460 --> 01:17:47.700] your health will improve as you help support quality radio. [01:17:47.700 --> 01:17:50.380] As you realize the benefits of young Jevity, [01:17:50.380 --> 01:17:52.020] you may want to join us. [01:17:52.020 --> 01:17:55.380] As a distributor, you can experience improved health, [01:17:55.380 --> 01:17:59.060] help your friends and family, and increase your income. [01:17:59.060 --> 01:18:01.460] Order now. [01:18:01.460 --> 01:18:03.220] At Capital Coin and Bullion, our mission [01:18:03.220 --> 01:18:05.340] is to be your preferred shopping destination [01:18:05.340 --> 01:18:07.220] by delivering excellent customer service [01:18:07.220 --> 01:18:10.220] and outstanding value at an affordable price. [01:18:10.220 --> 01:18:12.100] Capital Coin features a great selection [01:18:12.100 --> 01:18:14.380] of high quality coins and precious metals. [01:18:14.380 --> 01:18:17.100] In addition to providing the best prices in the nation, [01:18:17.100 --> 01:18:19.180] we want to bring you the best shopping experience, [01:18:19.180 --> 01:18:21.260] both in store and online. [01:18:21.260 --> 01:18:22.900] In addition to coins and bullion, [01:18:22.900 --> 01:18:24.820] we carry popular young Jevity products, [01:18:24.820 --> 01:18:27.820] such as Beyond Tangy Tangerine and Pollenburst. [01:18:27.820 --> 01:18:31.020] We offer freeze dried, storable foods by Augustan Farms, [01:18:31.020 --> 01:18:34.380] Bergey Water Products, ammunition at 10% above wholesale, [01:18:34.380 --> 01:18:35.220] and more. [01:18:35.220 --> 01:18:37.660] You can lock in a spot price with our Silver Pool, [01:18:37.660 --> 01:18:39.940] and we set up metals IRA accounts. [01:18:39.940 --> 01:18:44.260] Call us at 512-646-6440 for more details. [01:18:44.260 --> 01:18:47.340] We're located at 7304 Burnett Road Suite A, [01:18:47.340 --> 01:18:49.420] about a half a mile south of Anderson. [01:18:49.420 --> 01:18:51.580] We're open Monday through Friday 10 to 6, [01:18:51.580 --> 01:18:53.140] Saturdays 10 to 2. [01:18:53.140 --> 01:18:55.380] Visit us at CapitalCoinandBullion.com [01:18:55.380 --> 01:19:02.380] or call 512-646-6440. [01:19:25.380 --> 01:19:32.380] Well, ain't gonna fool me with that same old trick again. [01:19:36.740 --> 01:19:41.740] I was blindsided, but now I can see your plan. [01:19:41.820 --> 01:19:46.820] You put the fear in my pocket, took the money from my hand. [01:19:46.940 --> 01:19:49.940] Ain't gonna fool me with that same old trick again. [01:19:49.940 --> 01:19:51.500] Okay, we are back. [01:19:51.500 --> 01:19:54.620] Randy Shelton, David Stevens, we have our radio, [01:19:54.620 --> 01:19:58.140] and we're going to Mike in Texas. [01:19:58.140 --> 01:20:00.740] Hello Mike, what do you have for us today? [01:20:00.740 --> 01:20:05.740] Hi, I'm calling about a problem [01:20:05.780 --> 01:20:08.340] that I'm having with the Homeowners Association. [01:20:09.380 --> 01:20:12.980] So let me explain the circumstances a little bit. [01:20:12.980 --> 01:20:15.060] It's a little bit strange. [01:20:17.660 --> 01:20:22.660] The lady that I live with, her brother owns some property. [01:20:22.660 --> 01:20:27.660] He lives here in Houston, and he lives in Australia. [01:20:28.900 --> 01:20:31.380] And we sort of manage the property for him. [01:20:31.380 --> 01:20:32.660] We do maintenance for him, [01:20:32.660 --> 01:20:35.220] and we take care of the tenants and everything. [01:20:37.100 --> 01:20:41.140] And at one of the houses, [01:20:42.940 --> 01:20:46.020] we're getting letters from the Homeowners Association. [01:20:47.220 --> 01:20:50.020] Hey, you gotta fix this, that's not right, [01:20:50.020 --> 01:20:52.140] you gotta cut out this tree, you gotta fix the fence, [01:20:52.140 --> 01:20:55.780] you gotta paint this, you gotta spackle that. [01:20:59.660 --> 01:21:02.460] So they'll send us one series of letters, [01:21:02.460 --> 01:21:05.100] and we'll fix it. [01:21:05.100 --> 01:21:07.180] And then they send us another series of letters [01:21:07.180 --> 01:21:09.780] for other complaints, and then we fix that. [01:21:09.780 --> 01:21:11.260] Then they send us more letters. [01:21:11.260 --> 01:21:13.540] They just keep pin-picking us. [01:21:13.540 --> 01:21:16.460] Okay, then I'll tell you what you do. [01:21:16.460 --> 01:21:20.100] Send them a letter, and request that they come out [01:21:20.100 --> 01:21:22.580] and inspect your property. [01:21:22.580 --> 01:21:23.500] Right. [01:21:23.500 --> 01:21:27.700] Get a list of what needs to be done, fix that. [01:21:27.700 --> 01:21:31.300] When you get the next letter, then you sue them. [01:21:31.300 --> 01:21:32.660] Oh, I love that. [01:21:34.100 --> 01:21:35.620] Okay, all right. [01:21:35.620 --> 01:21:40.420] We brought you guys out, and you told us what to fix. [01:21:40.420 --> 01:21:42.460] And now you come back with new stuff. [01:21:42.460 --> 01:21:47.140] I used to, I was in the, I had a construction company. [01:21:47.140 --> 01:21:49.500] I was in Denton County. [01:21:49.500 --> 01:21:53.460] And brought in the inspector, and they always [01:21:53.460 --> 01:21:54.460] want to have an attitude. [01:21:54.460 --> 01:21:56.420] I had an 18-foot wall. [01:21:57.620 --> 01:22:01.420] And it stood up metal studs, and what they wanted us to do [01:22:01.420 --> 01:22:04.660] was stand up the metal studs, put in all of the conduit, [01:22:04.660 --> 01:22:07.180] and then they'd come out and inspect it. [01:22:07.180 --> 01:22:11.820] Well, an 18-foot metal stud was like a rubber band. [01:22:12.780 --> 01:22:16.260] So we had to put in a one-hour wall, [01:22:16.260 --> 01:22:20.180] so I put two layers of five-eighths plywood on it. [01:22:21.140 --> 01:22:21.980] Okay. [01:22:21.980 --> 01:22:24.340] And the inspector came down and looked at it and said, [01:22:24.340 --> 01:22:26.180] well, I can't inspect that. [01:22:26.180 --> 01:22:27.900] You'll have to pull that plywood off of there. [01:22:27.900 --> 01:22:30.180] I said, you have to kiss my behind. [01:22:30.180 --> 01:22:31.180] See, there's a hole in it. [01:22:31.180 --> 01:22:32.980] You can step through it, and you can see everything [01:22:32.980 --> 01:22:33.820] from the backside. [01:22:33.820 --> 01:22:35.740] He said, no, I have to inspect it from this side. [01:22:35.740 --> 01:22:37.100] Get out! [01:22:37.100 --> 01:22:37.940] What? [01:22:37.940 --> 01:22:39.380] Get out! [01:22:39.380 --> 01:22:40.380] I threw him out. [01:22:41.740 --> 01:22:43.900] Went down to the inspector's office and asked him, [01:22:43.900 --> 01:22:46.220] where did you get this idiot moron? [01:22:47.340 --> 01:22:49.780] So they sent another inspector down here and there, [01:22:49.780 --> 01:22:52.580] and he didn't have a problem with my plasterboard. [01:22:52.580 --> 01:22:54.140] He gave me a list of things to fix. [01:22:54.140 --> 01:22:54.980] I fixed them. [01:22:54.980 --> 01:22:59.820] He came back, and he pointed out four or five other things. [01:23:01.180 --> 01:23:03.500] I told him, get out! [01:23:03.500 --> 01:23:07.700] Went to the mayor and crawled down the mayor's throat. [01:23:07.700 --> 01:23:12.700] You charged me $35 to have that moron come out [01:23:15.140 --> 01:23:16.740] and go through my property. [01:23:17.780 --> 01:23:20.900] You sent him down there, and he is to tell me [01:23:20.900 --> 01:23:25.900] everything I am supposed to fix, and then he is to get out. [01:23:25.900 --> 01:23:28.500] When I fix it, he can come back, [01:23:28.500 --> 01:23:31.740] and if he comes up with anything else, [01:23:31.740 --> 01:23:33.660] I'm gonna bill you for it. [01:23:33.660 --> 01:23:38.660] So they come out and tell you what you have to fix, [01:23:39.660 --> 01:23:41.820] they better get everything. [01:23:41.820 --> 01:23:44.300] Otherwise, you charge them with harassment. [01:23:44.300 --> 01:23:49.300] What really gets me is, I guess you send an inspector [01:23:50.500 --> 01:23:52.580] in a truck driving down the street [01:23:52.580 --> 01:23:56.220] just looking for stuff to whine about. [01:23:57.740 --> 01:24:02.060] No, the streets around this subdivision are white. [01:24:02.060 --> 01:24:06.060] I mean, ungodly, just potholes everywhere. [01:24:06.060 --> 01:24:08.820] It's all uneven and busted up. [01:24:10.660 --> 01:24:11.820] Oh, wait a minute. [01:24:11.820 --> 01:24:16.820] Hold on, have you read the homeowners association agreement? [01:24:19.780 --> 01:24:21.860] I haven't read it, no. [01:24:21.860 --> 01:24:24.260] Get it, get it, read it. [01:24:24.260 --> 01:24:27.500] This is so much fun, you won't believe it. [01:24:27.500 --> 01:24:28.860] Oh, good. [01:24:28.860 --> 01:24:30.700] I'm taking on an issue now [01:24:30.700 --> 01:24:34.620] where they want me to go after the attorney general [01:24:34.620 --> 01:24:36.380] for some shenanigans. [01:24:37.580 --> 01:24:40.740] And I'm digging through the details. [01:24:40.740 --> 01:24:45.140] You will absolutely love the details. [01:24:45.140 --> 01:24:48.900] I find this teensy-teensy little detail [01:24:50.140 --> 01:24:53.700] and just land on them like a ton of bricks. [01:24:53.700 --> 01:24:56.900] If the homeowners association is collecting money [01:24:56.900 --> 01:25:00.900] and they're required to keep the streets up, [01:25:00.900 --> 01:25:04.060] sue the homeowners association. [01:25:04.060 --> 01:25:07.060] And then when they come out and nitpick you, [01:25:08.140 --> 01:25:11.980] then you charge them with retaliation and harassment. [01:25:15.780 --> 01:25:20.380] It's just, you know, these guys are chumps. [01:25:20.380 --> 01:25:23.820] They be a little creative. [01:25:23.820 --> 01:25:26.780] You can make them not want to see you, talk to you, [01:25:26.780 --> 01:25:28.340] have anything to do with you. [01:25:29.980 --> 01:25:31.020] Wow. [01:25:31.020 --> 01:25:31.940] Okay, well, good. [01:25:31.940 --> 01:25:33.660] I'm really glad I called in tonight. [01:25:33.660 --> 01:25:38.580] I've been listening and I just have to say [01:25:38.580 --> 01:25:40.700] all the listeners on this show, [01:25:40.700 --> 01:25:45.700] I just admire them so much for what they're doing, [01:25:45.860 --> 01:25:47.620] for really listening to you [01:25:47.620 --> 01:25:50.940] and going out and researching [01:25:50.940 --> 01:25:55.660] and really learning how to fight back [01:25:55.660 --> 01:25:58.860] on especially on these mortgage issues. [01:25:59.940 --> 01:26:04.940] I had a guy on my show who had his own show for 20 years. [01:26:08.220 --> 01:26:10.660] And when the show was over, he said, [01:26:10.660 --> 01:26:14.540] where do you get those callers? [01:26:14.540 --> 01:26:18.500] They ask such good questions. [01:26:18.500 --> 01:26:19.780] Don't they? [01:26:19.780 --> 01:26:20.620] I mean. [01:26:20.620 --> 01:26:21.900] Yes. [01:26:21.900 --> 01:26:25.300] We get a lot of compliments from other broadcasters [01:26:25.300 --> 01:26:28.260] on the quality of our listeners. [01:26:28.260 --> 01:26:30.460] I can't wait to hear from your guests. [01:26:30.460 --> 01:26:32.340] So I'm not going to hold you up anymore [01:26:32.340 --> 01:26:35.420] with my Homeowners Association stuff. [01:26:35.420 --> 01:26:40.420] Hey, well, the trick is if you want to fight, bubba, [01:26:40.620 --> 01:26:43.700] I'll give you a fight you are not going to believe. [01:26:44.580 --> 01:26:47.620] Well, I'll call you in and, [01:26:47.620 --> 01:26:51.620] or I'll call in again and let you know how it goes. [01:26:51.620 --> 01:26:52.540] Good, wonderful. [01:26:52.540 --> 01:26:54.100] Thank you. [01:26:54.100 --> 01:26:54.940] Thanks, Randy. [01:26:54.940 --> 01:26:55.780] Okay. [01:26:57.340 --> 01:27:00.260] Okay, there is, I want to talk to Joe now. [01:27:02.060 --> 01:27:04.380] I am looking at an evaluation [01:27:04.380 --> 01:27:09.380] and you took a interesting approach [01:27:10.340 --> 01:27:14.220] to challenging in an assignment [01:27:14.220 --> 01:27:17.260] of the security instrument in the note. [01:27:19.220 --> 01:27:23.700] In that you went to the fact that a portion [01:27:23.700 --> 01:27:27.580] of the note had been sold. [01:27:27.580 --> 01:27:31.940] So therefore under uniform commercial code, [01:27:31.940 --> 01:27:34.340] they cannot negotiate the note [01:27:34.340 --> 01:27:36.540] unless they negotiate the entire note. [01:27:37.620 --> 01:27:39.700] The entire mortgage instrument. [01:27:39.700 --> 01:27:40.980] Mortgage instrument. [01:27:40.980 --> 01:27:44.940] Right, because the whole purpose of the assignment [01:27:44.940 --> 01:27:49.860] is to memorialize the sale of the tangible promissory note, [01:27:49.860 --> 01:27:53.580] but it does not cause the sale. [01:27:54.580 --> 01:27:58.140] The reason that they're using assignments [01:27:59.100 --> 01:28:02.580] and they're using alleged fictitious titles [01:28:02.580 --> 01:28:07.580] and names are they're strictly for the purpose [01:28:08.020 --> 01:28:12.460] of reconstructing the instrument. [01:28:12.460 --> 01:28:14.740] Humpty Dumpty fell off the wall. [01:28:14.740 --> 01:28:17.700] They're trying to put Humpty Dumpty back together again. [01:28:17.700 --> 01:28:22.700] So many times when it says assignment of mortgage [01:28:24.700 --> 01:28:27.820] or assignment of deed of trust [01:28:27.820 --> 01:28:30.940] for value and consideration given [01:28:30.940 --> 01:28:32.420] together with the note [01:28:32.420 --> 01:28:35.020] in all beneficial interest and payments, [01:28:36.820 --> 01:28:38.540] they don't say, are we talking [01:28:38.540 --> 01:28:41.420] about the tangible promissory note? [01:28:41.420 --> 01:28:43.940] Are we talking about the electronic note? [01:28:43.940 --> 01:28:48.940] In order to transfer a note, [01:28:49.060 --> 01:28:51.820] there must be negotiation transfer and delivery. [01:28:53.580 --> 01:28:55.900] The assignments you need to ask, [01:28:55.900 --> 01:28:57.820] again, there's so many questions [01:28:57.820 --> 01:29:02.700] because one of the questions that I would ask would be, [01:29:02.700 --> 01:29:06.260] is this document eligible to be recorded? [01:29:08.020 --> 01:29:11.900] Who is the party coming forth with this action? [01:29:11.900 --> 01:29:15.740] Because many times, if you're in a judicial state [01:29:17.180 --> 01:29:20.140] and a debt instrument is presented to the court [01:29:20.140 --> 01:29:25.140] as an exhibit, there's an incomplete stamping on there. [01:29:26.740 --> 01:29:29.340] And it says pay to the order of [01:29:29.340 --> 01:29:34.340] with an as of yet unnamed payee without recourse. [01:29:35.460 --> 01:29:38.500] So right then and there, we know what the intent was, [01:29:38.500 --> 01:29:40.820] but we'll get back with that after the break. [01:29:40.820 --> 01:29:44.540] This is Joe Esquivel, Randy Kelton, Deborah Stevens, [01:29:44.540 --> 01:29:47.580] Rule of Law Radio, we'll be taking your calls [01:29:47.580 --> 01:29:52.580] at 512-646-1984, so we'll be right back. [01:29:53.620 --> 01:29:54.820] Don't forget to call in. [01:29:58.820 --> 01:30:00.420] Take a whiff of that. [01:30:00.420 --> 01:30:02.700] Onions may have a scrambling for breath mints, [01:30:02.700 --> 01:30:04.900] but they might also save our lives. [01:30:04.900 --> 01:30:07.660] I'm Dr. Catherine Albrecht, and I'll be back in a minute. [01:30:07.660 --> 01:30:09.740] With some reasons to spice up your food [01:30:09.740 --> 01:30:11.100] with the power of onions. 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[01:33:24.420 --> 01:33:47.420] The wicked come with temptation They're trying to buy the whole place [01:33:47.420 --> 01:33:59.420] They want to poison the nation Because they've bought the place [01:33:59.420 --> 01:34:22.420] Because they've bought the place [01:34:29.420 --> 01:34:34.420] And the note and all beneficial interest there are [01:34:34.420 --> 01:34:39.420] And this was an evaluation that Joe had done [01:34:39.420 --> 01:34:44.420] And he demonstrated that the beneficial interest in the note [01:34:44.420 --> 01:34:50.420] Had been sold to a Fannie Mae or into a pool [01:34:50.420 --> 01:34:56.420] So where the document says that it transferred all beneficial interest [01:34:56.420 --> 01:35:00.420] I'm looking at it and saying, well it doesn't have any beneficial interest [01:35:00.420 --> 01:35:04.420] The security instrument doesn't have any beneficial interest [01:35:04.420 --> 01:35:10.420] Because it's just a collateral document established in collateral [01:35:10.420 --> 01:35:16.420] So it's not, unlike the note, this is not a negotiable instrument [01:35:16.420 --> 01:35:20.420] I could sell you a deed of trust but it would be garbage [01:35:20.420 --> 01:35:28.420] Because it doesn't guarantee you anything If the deed of trust was written to protect me, it guarantees me [01:35:28.420 --> 01:35:32.420] And if I sell it to you, you have the deed of trust [01:35:32.420 --> 01:35:36.420] But nobody's promised to pay you anything [01:35:36.420 --> 01:35:40.420] So you can't be harmed, you can never invoke the deed of trust [01:35:40.420 --> 01:35:49.420] So with that aside, it purported to transfer a beneficial interest [01:35:49.420 --> 01:35:56.420] And I can't quote the case now, but I remember a case that referenced the transfer of a beneficial interest [01:35:56.420 --> 01:36:10.420] And it said that the issuer, the transferor, transferred what interest that it held, which was none [01:36:10.420 --> 01:36:20.420] And that appears to be what this corporate transfer or corporate assignment or whatever the title was [01:36:20.420 --> 01:36:22.420] Correct [01:36:22.420 --> 01:36:28.420] It appeared as though they transferred what they had, which was nothing [01:36:28.420 --> 01:36:33.420] Correct, that's the question, Randy, right on the head, alright? [01:36:33.420 --> 01:36:43.420] While they purport to transfer an interest, what is the interest that they're transferring? [01:36:43.420 --> 01:36:46.420] What is it? Nobody knows [01:36:46.420 --> 01:36:59.420] If the interest that they're transferring does not contain conditions over which for enforcement of the security instrument, you've transferred nothing [01:36:59.420 --> 01:37:09.420] On its face, it looks all fancy, with all of the fancy word crafting, transfer all beneficial interest together with the note [01:37:09.420 --> 01:37:26.420] But wait a minute, pursuant to 15 USC, chapter 47, or no, 15 USC, 7003, UEA and eSign are excluded from eSign [01:37:26.420 --> 01:37:30.420] So what did they transfer? Nothing [01:37:30.420 --> 01:37:33.420] They didn't have anything to transfer at all, Randy [01:37:33.420 --> 01:37:38.420] Okay, let me back up to my due process side [01:37:38.420 --> 01:37:48.420] They filed a document in the record, and this document contained statements of purported fact [01:37:48.420 --> 01:38:01.420] And the purported fact was that they transferred all beneficial interest in the note and security instrument [01:38:01.420 --> 01:38:07.420] But they didn't own all beneficial interest [01:38:07.420 --> 01:38:12.420] So they couldn't transfer all beneficial interest [01:38:12.420 --> 01:38:23.420] I read that as placing a statement on a government document that is untrue, that they knew to be untrue and intended to be taken as true [01:38:23.420 --> 01:38:25.420] That's tampered with the government document [01:38:25.420 --> 01:38:34.420] And then they filed that document in the public record in verified form [01:38:34.420 --> 01:38:39.420] That makes it aggravated perjury [01:38:39.420 --> 01:38:44.420] Okay, I'm looking at going back after them for that [01:38:44.420 --> 01:38:45.420] Criminally [01:38:45.420 --> 01:38:49.420] Absolutely, they'd certainly come after us for that [01:38:49.420 --> 01:38:55.420] Well, until the shiny bracelets are put on the wrist, and that's what it's going to take [01:38:55.420 --> 01:39:02.420] It's not going to be a civil, it's going to have to be criminal, I agree 110% [01:39:02.420 --> 01:39:10.420] Because these are fraudulent, on the face, Randy [01:39:10.420 --> 01:39:24.420] If we can conclusively show that the right to payment was transferred to or sold to an investment pool [01:39:24.420 --> 01:39:35.420] Then there's no other way to read this document, but as far as tampered with the government document simulating legal process, aggravated perjury [01:39:35.420 --> 01:39:43.420] And that's what I do all day, and that's especially if this is for a claim Fannie Mae or Freddie Mac [01:39:43.420 --> 01:39:50.420] Because Fannie Mae and Freddie Mac are not listed as beneficiary or as mortgagee in public record [01:39:50.420 --> 01:39:55.420] Yes, and that brought up a question, are you familiar with the case out of Maine [01:39:55.420 --> 01:40:03.420] Where the lawyer through discovery got a memo or a directive from Fannie Mae [01:40:03.420 --> 01:40:17.420] Essentially directing Wells Fargo Bank of America to do a fraudulent filing in the record [01:40:17.420 --> 01:40:32.420] Actually what they state is that an assignment is to be made in recordable form, suitable for recording, but not recorded [01:40:32.420 --> 01:40:37.420] And it's stated that verbiage is in both Fannie Mae and Freddie Mac [01:40:37.420 --> 01:40:48.420] And I also state where exactly the form or the manual that it's taken from, and it's listed on my infographics that I've created [01:40:48.420 --> 01:40:58.420] Because many times they will do a document in recordable form and it'll be placed in the collateral file [01:40:58.420 --> 01:41:09.420] And the collateral file is actual, tangible paper documents that go from party to party to party every time there is a sale [01:41:09.420 --> 01:41:14.420] And they range anywhere between 200 and 400 actual documents [01:41:14.420 --> 01:41:21.420] So there will be a piece of paper in there, again, in recordable form [01:41:21.420 --> 01:41:32.420] What is recordable forming? That means a piece of paper that matches the dimensions and the size that can be filed into public record [01:41:32.420 --> 01:41:37.420] But if it's not filed into public record, it does not exist [01:41:37.420 --> 01:41:41.420] Okay, here's where I was going with that [01:41:41.420 --> 01:41:47.420] That document does not transfer the beneficial interest [01:41:47.420 --> 01:41:54.420] That document merely gives notice that the beneficial interest is already transferred [01:41:54.420 --> 01:42:01.420] So if they have created that document according to Fannie Mae's instructions [01:42:01.420 --> 01:42:14.420] And then they file a document purporting to transfer that deed of trust and note to some other party [01:42:14.420 --> 01:42:22.420] That other document, the one that's actually filed, is fraud on its face [01:42:22.420 --> 01:42:25.420] Okay, well, go on [01:42:25.420 --> 01:42:27.420] Go ahead [01:42:27.420 --> 01:42:31.420] I understand what you're saying, and you are right [01:42:31.420 --> 01:42:38.420] And again, within Fannie Mae's own documents is where the verbiage can be found [01:42:38.420 --> 01:42:43.420] So it's not just an isolated case [01:42:43.420 --> 01:42:55.420] Where do we find the audit trail for the actual transfer of beneficial interest to the pool? [01:42:55.420 --> 01:43:00.420] All right, if you want to go within Fannie Mae's own documents, all right [01:43:00.420 --> 01:43:11.420] You can go in section 8.2, it's under assignment of mortgage, and it's in the Fannie Mae requirements for custodians, and it states [01:43:11.420 --> 01:43:16.420] An assignment in recordable form [01:43:16.420 --> 01:43:23.420] Let's see, an assignment is in recordable form, but is not recorded [01:43:23.420 --> 01:43:30.420] Recordable form generally is whatever the form from the local recorder's office requires [01:43:30.420 --> 01:43:35.420] And virtually all require that the forms be notarized [01:43:35.420 --> 01:43:43.420] But again, until it is submitted into public record, it's just a worthless piece of paper [01:43:43.420 --> 01:43:46.420] That's evidence [01:43:46.420 --> 01:43:48.420] Correct [01:43:48.420 --> 01:43:53.420] Okay, hang on, we'll be right back, Randy Kelton, Deborah Stevens, Joe Esquivel [01:43:53.420 --> 01:43:59.420] Not necessarily in that order, I call in number 512-606-1984 [01:43:59.420 --> 01:44:03.420] You feel tired when talking about important topics like money and politics? [01:44:03.420 --> 01:44:04.420] Sorry! [01:44:04.420 --> 01:44:07.420] Are you confused by words like the Constitution or the Federal Reserve? [01:44:07.420 --> 01:44:08.420] What? [01:44:08.420 --> 01:44:12.420] If so, you may be diagnosed with the deadliest disease known today, stupidity [01:44:12.420 --> 01:44:19.420] Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity at an early age [01:44:19.420 --> 01:44:25.420] I had no idea that the number one cause of the disease is found in almost every home in America, the television [01:44:25.420 --> 01:44:30.420] Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope [01:44:30.420 --> 01:44:36.420] My staff at Brave New Books have helped me and thousands of other Foxaholics suffering from sports zombieism recover [01:44:36.420 --> 01:44:43.420] And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested [01:44:43.420 --> 01:44:54.420] So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them at 1904Guadalupe or bravenewbookstore.com [01:44:54.420 --> 01:45:00.420] Side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning [01:45:00.420 --> 01:45:03.420] Are you the plaintiff or defendant in a lawsuit? [01:45:03.420 --> 01:45:15.420] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step [01:45:15.420 --> 01:45:19.420] If you have a lawyer, know what your lawyer should be doing [01:45:19.420 --> 01:45:22.420] If you don't have a lawyer, know what you should do for yourself [01:45:22.420 --> 01:45:27.420] Thousands have won with our step-by-step course, and now you can too [01:45:27.420 --> 01:45:33.420] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience [01:45:33.420 --> 01:45:42.420] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts [01:45:42.420 --> 01:45:52.420] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more [01:45:52.420 --> 01:46:01.420] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ [01:46:01.420 --> 01:46:16.420] Well, look, Karma's lurking around the corner You better watch your favorite deputy take And he'll be in trouble if all of you tell him [01:46:16.420 --> 01:46:26.420] Yeah, little Jerry, sing reality, we can't help you [01:46:26.420 --> 01:46:31.420] Karma's lurking around the corner Sing, Jerry, come [01:46:31.420 --> 01:46:38.420] As we sow, so shall we reap [01:46:38.420 --> 01:46:46.420] So many fruits, so much work still put on all of these trees [01:46:46.420 --> 01:46:54.420] Try as we will to start small steps in giant me [01:46:54.420 --> 01:47:01.420] As we sow, so shall we reap [01:47:24.420 --> 01:47:32.420] And we're pushing up toward the third hour, Debra should be back at the third hour, maybe keep her up here [01:47:32.420 --> 01:47:38.420] Let us know how things are supposed to work But we were talking about the assignment [01:47:38.420 --> 01:47:49.420] And over the break, you quoted a little Latin to me Joe, but you kind of finish up explaining the problem with these supposed assignments [01:47:49.420 --> 01:47:54.420] When the beneficial interest is not in their hands [01:47:54.420 --> 01:48:02.420] Well, you have to ask yourself what is in their hands, Randy? What was purchased? [01:48:02.420 --> 01:48:11.420] Because we have to talk about the entire mortgage loan instrument as a whole [01:48:11.420 --> 01:48:21.420] So we're talking about the tangible promissory note We're talking about the security instrument, which here in Texas would be a deed of trust [01:48:21.420 --> 01:48:28.420] If we were in Florida, it would be a mortgage And we're talking about the payment and tangible obligation [01:48:28.420 --> 01:48:35.420] Now, those three items together comprise the mortgage loan instrument [01:48:35.420 --> 01:48:44.420] And many times it's confusing because they'll say your loan has been sold or we've transferred an interest [01:48:44.420 --> 01:48:51.420] And they're not being specific about the action that was taken by the correct party [01:48:51.420 --> 01:49:13.420] In reference to a GSC such as Fannie Mae or Freddie Mac or Ginny Mae, many times almost immediately after default, an assignment is made to the servicer of the loan, mortgage loan [01:49:13.420 --> 01:49:28.420] And an assignment is made to the servicer and centered into public record And it'll say MERS has assigned beneficial interest in a deed of trust owned by Randy Kelton signed in June of 2005 [01:49:28.420 --> 01:49:42.420] The problem is MERS is the servicer MERS cannot act as an owner pursuant to statutory requirements of law [01:49:42.420 --> 01:49:50.420] So we have conflicts But unless challenged, the banks triumph every time [01:49:50.420 --> 01:50:02.420] That is a good point MERS claims to be an agent But what are the limits of that agency? [01:50:02.420 --> 01:50:20.420] Well, you're going to go to agency law So once a partial interest of that mortgage loan instrument has been sold, it now leaves the entire instrument less an entire instrument [01:50:20.420 --> 01:50:30.420] So let's take a dollar bill And I tear the dollar bill in half and I give you half [01:50:30.420 --> 01:50:36.420] Okay, you have half a dollar bill I'll see you later [01:50:36.420 --> 01:50:39.420] What can you do with, hey, you're half the dollar bill, Randy? [01:50:39.420 --> 01:50:45.420] I can use it for toilet paper or I can get arrested for destroying the money [01:50:45.420 --> 01:50:57.420] That's not money That was a negotiable instrument I sold you an interest of a negotiable instrument [01:50:57.420 --> 01:51:08.420] And that's what the banks do Except instead of tearing the note in half, they strip the value off the top of the note [01:51:08.420 --> 01:51:16.420] Correct They sold the promise to pay which is the value [01:51:16.420 --> 01:51:25.420] It is the debt which is evidenced by the tangible promissory note which is value It's not the note that's valuable [01:51:25.420 --> 01:51:33.420] It's a legal description of the debt that's being evidenced that is so valuable [01:51:33.420 --> 01:51:41.420] So when you have a strip shopping mall here in Dallas, all right, Randy, and you've got 10 stores [01:51:41.420 --> 01:51:46.420] And you've fallen in hard times and your creditors are coming after you [01:51:46.420 --> 01:51:54.420] And you're trying to come up with ways to pay off your creditors And suddenly one day the lights pop on and you're like, wait a minute [01:51:54.420 --> 01:52:02.420] I've got tenants I've got an income stream And you sell that income stream [01:52:02.420 --> 01:52:08.420] You sell those leases to those 10 stores of which you have tenants That's legal [01:52:08.420 --> 01:52:13.420] Under Article 9, you can do that all day long And that's something that we normally call factoring [01:52:13.420 --> 01:52:18.420] Correct Now you still own the brick and mortar building [01:52:18.420 --> 01:52:28.420] But you sold the right to future payments So now when someone has a mortgage loan instrument [01:52:28.420 --> 01:52:38.420] And they sell an interest because if whenever you ask your banks and you say, who is the owner [01:52:38.420 --> 01:52:46.420] And they'll say, well, Fannie Mae is an investor That's what they say Freddie Mac is the investor [01:52:46.420 --> 01:52:54.420] That's all they are They're investing in a portion of your mortgage loan instrument [01:52:54.420 --> 01:53:03.420] They're not the holder in due course Fannie Mae is not listed as mortgagee or beneficiary or nominee in public record [01:53:03.420 --> 01:53:13.420] So if you're not listed in public record If you're not listed on the payee line [01:53:13.420 --> 01:53:20.420] Then who are you? Yes, you have a right to collect an intangible payment obligation [01:53:20.420 --> 01:53:28.420] And that's it You're entitled to a monetary amount that's unsecured [01:53:28.420 --> 01:53:32.420] That's unsecured And yes, you're right [01:53:32.420 --> 01:53:40.420] Many times they come forth and they do these sales on the courthouse steps And they say, well, Fannie Mae is doing a credit bid [01:53:40.420 --> 01:53:45.420] Because Fannie Mae is a purported secure creditor But nobody's ever questioned it [01:53:45.420 --> 01:53:50.420] Nobody goes up on the courtroom steps and yells stop Wait a minute [01:53:50.420 --> 01:53:56.420] If you're the credit bidder Then you should be listed as beneficiary in public record [01:53:56.420 --> 01:54:04.420] Otherwise, you need to have the $10,000 cash cashiers check [01:54:04.420 --> 01:54:12.420] And within 72 hours of the sale, you need to have funds in the form of a cashiers check [01:54:12.420 --> 01:54:18.420] That trustee that's doing the sale They're just selling willy nilly [01:54:18.420 --> 01:54:28.420] And they haven't been called out on it Isn't the clerk required to secure those funds? [01:54:28.420 --> 01:54:33.420] Who is required? Who is doing the checking up? [01:54:33.420 --> 01:54:43.420] What I'm looking at is who has the responsibility If they're supposed to come up with a $10,000 cashiers check, who do they give it to? [01:54:43.420 --> 01:54:54.420] The trustee that's doing the sale is the party that has a fiduciary responsibility for that property [01:54:54.420 --> 01:55:06.420] So now they're selling something that is not correctly identified to the proper party [01:55:06.420 --> 01:55:17.420] And everything is done electronically Oh yes, Fannie Mae put a bid in $312,000 on a property that's worth $150,000 [01:55:17.420 --> 01:55:24.420] Nobody's going to bid against it And then they're going to say Fannie Mae purchases for an electronic credit bid [01:55:24.420 --> 01:55:28.420] Wait a minute, if Fannie Mae isn't listed in public record [01:55:28.420 --> 01:55:35.420] The documents that we have exhibited in the court don't show Fannie Mae listed as payee on the tangible promissory note [01:55:35.420 --> 01:55:43.420] So how did they acquire? You need to go back to 3203D [01:55:43.420 --> 01:55:51.420] If the transfer purports to transfer less than the entire instrument, negotiation does not occur [01:55:51.420 --> 01:56:01.420] So all of these assignments, Randy, that are happening, they're only happening when we allow them to happen [01:56:01.420 --> 01:56:08.420] You hit it right on the head What was the beneficial interest? [01:56:08.420 --> 01:56:13.420] Who acquired what? [01:56:13.420 --> 01:56:19.420] What note was transferred when it says together with the note? [01:56:19.420 --> 01:56:27.420] You know, and all principal and interests Well, I didn't know that Fannie Mae was collecting payment on any of this [01:56:27.420 --> 01:56:33.420] How do they transfer all payments and interest? [01:56:33.420 --> 01:56:41.420] This puts me in a position where I need to do some research I need to find audit trails [01:56:41.420 --> 01:56:50.420] If we can show by an audit trail that a portion of the note [01:56:50.420 --> 01:56:57.420] A portion of the note as referenced by Covenant 20 A portion of the mortgage instrument [01:56:57.420 --> 01:57:03.420] Well, in this case, I'm referring to Covenant 20 That's in the deed of trust [01:57:03.420 --> 01:57:12.420] Where it authorizes the lender to sell a portion of the note or the entire note [01:57:12.420 --> 01:57:21.420] So I'm saying a portion of the note as defined in Covenant 20, if it has been sold [01:57:21.420 --> 01:57:27.420] Now they are allowed to do that, we've authorized them to do that [01:57:27.420 --> 01:57:31.420] But if they do do that, they've shot themselves in the foot [01:57:31.420 --> 01:57:37.420] And this goes to the fact that this is a free country [01:57:37.420 --> 01:57:42.420] And this is when I was overseas, this is people there were always in awe of our free country [01:57:42.420 --> 01:57:47.420] And I sometimes had to explain to them, you don't understand, we're not all rich [01:57:47.420 --> 01:57:53.420] This is a free country, you're free to get rich, you're also free to starve to death [01:57:53.420 --> 01:57:56.420] And you're free to screw yourself if you want to [01:57:56.420 --> 01:58:03.420] And it looks like that's what they do when they sell a portion of the note, right? [01:58:03.420 --> 01:58:05.420] Not the entire note [01:58:05.420 --> 01:58:13.420] This is where I need to research out and get a good effective argument that we can bring to the court [01:58:13.420 --> 01:58:19.420] Fraud and a factum, exactly, misrepresentation causes one to enter a transaction [01:58:19.420 --> 01:58:22.420] Without accurately realizing the risk [01:58:22.420 --> 01:58:31.420] And we can get into that after the break, but that is a great, great question [01:58:31.420 --> 01:58:34.420] Again, fraud and a factum is where it's going to go [01:58:34.420 --> 01:58:40.420] This is Joe Esquivel, Randy Kellan, Deborah Stevens, Rule of Law Radio [01:58:40.420 --> 01:58:46.420] We welcome your phone calls at 512-646-1984 [01:58:46.420 --> 01:58:49.420] We'll be right back [01:58:49.420 --> 01:58:53.420] The Bible remains the most popular book in the world [01:58:53.420 --> 01:58:57.420] Yet countless readers are frustrated because they struggle to understand it [01:58:57.420 --> 01:59:01.420] Some new translations try to help by simplifying the text [01:59:01.420 --> 01:59:06.420] But in the process can compromise the profound meaning of the scripture [01:59:06.420 --> 01:59:08.420] Enter the recovery version [01:59:08.420 --> 01:59:12.420] First, this new translation is extremely faithful and accurate [01:59:12.420 --> 01:59:17.420] But the real story is the more than 9,000 explanatory footnotes [01:59:17.420 --> 01:59:21.420] Difficult and profound passages are opened up in a marvelous way [01:59:21.420 --> 01:59:27.420] Providing an entrance into the riches of the Word beyond which you've ever experienced before [01:59:27.420 --> 01:59:32.420] Bibles for America would like to give you a free recovery version simply for the asking [01:59:32.420 --> 01:59:43.420] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 [01:59:43.420 --> 01:59:47.420] Or by ordering online at freestudybible.com [01:59:47.420 --> 01:59:50.420] That's freestudybible.com [01:59:50.420 --> 02:00:02.420] You are listening to the Logos Radio Network, logosradionetwork.com