[00:00.000 --> 00:09.440]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:09.440 --> 00:11.760]  at thelibertybeat.com.
[00:11.760 --> 00:17.400]  I'm Brian Hagan with your Liberty Beat for Friday, November 1st, 2013.
[00:17.400 --> 00:28.560]  Gold opened today at $1,313, silver at $21.85, and bitcoin is trading at $203.54.
[00:28.560 --> 00:33.520]  Support for the Liberty Beat comes from Brave New Books, your local source for One World
[00:33.520 --> 00:41.200]  Way, Tangy Tangerine 2.0, and Clearly Filtered, in Austin at 1904 Guadalupe Street, and online
[00:41.200 --> 00:43.840]  at bravenewbookstore.com.
[00:43.840 --> 00:48.720]  Support also comes from Austin Animal Clinic, selling their 59th year of quality, compassionate
[00:48.720 --> 00:58.020]  pet care, in Austin at 4330 North Lamar Boulevard, by phone at 512-453-6686, and online at Austin
[00:58.020 --> 01:01.360]  Animal Clinic, Inc., dot com.
[01:01.360 --> 01:06.160]  And now, today in the news, United States Secretary of State John Kerry admits that
[01:06.160 --> 01:10.480]  the federal government's espionage program has gone too far.
[01:10.480 --> 01:15.800]  According to The Guardian, his remarks came during a video conference to London yesterday.
[01:15.800 --> 01:21.480]  Kerry, who says the spying program was on automatic pilot, says some of the actions
[01:21.480 --> 01:28.200]  went too far, and promised they won't happen again.
[01:28.200 --> 01:33.200]  Meanwhile in related news, NSA whistleblower Edward Snowden will testify regarding the
[01:33.200 --> 01:36.000]  tapping of the German Chancellor's phone.
[01:36.000 --> 01:40.960]  The Daily Mail reports that Snowden has informed German officials he's prepared to offer the
[01:40.960 --> 01:44.520]  testimony at a possible future public inquiry.
[01:44.520 --> 01:48.680]  Prosecutors have hinted they're prepared to defy an American extradition request, clearing
[01:48.680 --> 01:54.320]  the way for Snowden to travel to Germany.
[01:54.320 --> 01:59.080]  While food stamp cuts begin today, that happens as an increase in funding, approved during
[01:59.080 --> 02:04.320]  the recession era, expires, leaving 48 million Americans with less funding from the SNAP
[02:04.320 --> 02:05.680]  program.
[02:05.680 --> 02:10.400]  The 13.6% cut means a near $36 monthly reduction.
[02:10.400 --> 02:16.320]  The Associated Press reports that costs for the program have increased more than 358%
[02:16.320 --> 02:17.320]  since 2000.
[02:17.320 --> 02:24.040]  The Cato Institute says a lack of eligibility requirements have led to that jump.
[02:24.040 --> 02:26.720]  Support for the Liberty Beam comes from Cabo Bops.
[02:26.720 --> 02:30.600]  Check out their new location at 29th and Rio Grande between Guadalupe and Lamar.
[02:30.600 --> 02:37.720]  Give them a call, 512-432-1111, or online at cabobops.com.
[02:37.720 --> 02:43.640]  Support also comes from Central Texas Gunworks, CHL Courses, Self Defense Training, and Firearm
[02:43.640 --> 02:50.080]  Sales, online at centraltexasgunworks.com.
[02:50.080 --> 02:54.800]  This is the Liberty Beam for Friday, November 1st, 2013.
[02:54.800 --> 03:22.800]  Be sure to check out the website at thelibertybeam.com.
[03:55.800 --> 04:05.640]  Okay, Bad Boys are back, Randy Kelton, Joe Esquivel, Steve Skidmore, hanging around in
[04:05.640 --> 04:13.120]  the background for comic relief, and Debra May pop in here later.
[04:13.120 --> 04:21.440]  Last week, I started out by talking about some of the really basic stuff, and I was
[04:21.440 --> 04:29.720]  going to go into the next step, but I did a show Monday, and they asked me to talk about
[04:29.720 --> 04:38.720]  something that I think would be very valuable here, and that is a statement of facts.
[04:38.720 --> 04:48.120]  Statement of facts is extremely valuable, and it is much, much harder to construct than
[04:48.120 --> 04:52.160]  it would appear on the surface.
[04:52.160 --> 04:56.760]  Remember Jack Webb saying, just the facts, ma'am, and he made it sound like that was
[04:56.760 --> 04:58.920]  no big deal.
[04:58.920 --> 05:02.240]  That is an incredibly big deal.
[05:02.240 --> 05:10.000]  For human beings who experienced an event to state just the facts is extremely difficult
[05:10.000 --> 05:15.240]  for a couple of reasons, and you'll notice if you listen to the show, I have someone
[05:15.240 --> 05:20.680]  call you, and when they start going through all of the, you know, this happened, and that
[05:20.680 --> 05:26.320]  happened, and this happened, and that happened, and I generally stop them and tell them that
[05:26.320 --> 05:29.400]  I need a timeline.
[05:29.400 --> 05:37.880]  I started asking for timelines instead of a statement of facts, because timeline gives
[05:37.880 --> 05:45.800]  a better idea of what we're asking for, and you know, reframing what I'm asking for in
[05:45.800 --> 05:54.760]  terms of a timeline instead of a statement of facts, I attempt to avoid a lot of the
[05:54.760 --> 05:58.920]  emotional involvement.
[05:58.920 --> 06:07.860]  When someone has experienced an event, they're telling you what happened is similar to the
[06:07.860 --> 06:14.840]  problem that police have when they interview witnesses to an event that's just occurred
[06:14.840 --> 06:20.520]  in front of them, and you've probably seen some of the shows where they show one witness
[06:20.520 --> 06:28.400]  is always a tall black guy, and he drove a red SUV, and the next was a short fat white
[06:28.400 --> 06:37.520]  guy, and he drove a blue Mercedes, a group of people all watching the same things tell
[06:37.520 --> 06:40.440]  different stories.
[06:40.440 --> 06:46.320]  The reason they tell different stories is because each person comes to the table with
[06:46.320 --> 06:56.480]  their own internal mental model of the world, and each person will react and respond differently
[06:56.480 --> 07:05.840]  to different aspects of what occurred, and they will tend to remember those things that
[07:05.840 --> 07:14.520]  their inner mind pointed out as important to them as the situation was occurring.
[07:14.520 --> 07:21.520]  It's easy to understand how that works if you're there by yourself or if you're there
[07:21.520 --> 07:26.880]  with one of your children and some traumatic event occurs.
[07:26.880 --> 07:33.440]  Your perspective in the two different situations will be dramatically different, and you will
[07:33.440 --> 07:40.840]  pay attention to vastly different aspects of what went on, so you'll tend to remember
[07:40.840 --> 07:41.840]  different aspects.
[07:41.840 --> 07:48.080]  If you're there with a child, you're primarily going to remember everything in terms of how
[07:48.080 --> 07:54.680]  it threatened the child, and you'll tell all of these things that happened based on that.
[07:54.680 --> 08:01.360]  When I ask someone about either a criminal situation or a foreclosure, whatever we're
[08:01.360 --> 08:07.400]  dealing with, they will tend to go from one emotional high point to the next, to the next,
[08:07.400 --> 08:08.400]  to the next.
[08:08.400 --> 08:17.300]  Now, they have full and complete referential index, or at least they have the impression
[08:17.300 --> 08:19.920]  of full and complete referential index.
[08:19.920 --> 08:25.760]  They have the impression that they remember everything that happened, and on one level
[08:25.760 --> 08:31.700]  they do, but that level is not conscious.
[08:31.700 --> 08:36.640]  So when you tell me about your foreclosure issue, you're going to tell me all of the
[08:36.640 --> 08:40.680]  things that stood out to you.
[08:40.680 --> 08:48.720]  You're not going to tend to tell me if the notice you got that you think says that the
[08:48.720 --> 08:56.080]  lender sold a note to this other entity, did that note specifically say that they sold
[08:56.080 --> 09:06.080]  it and was there evidence to show they sold it, or was it a notice of assignment of deed
[09:06.080 --> 09:07.080]  of trust?
[09:07.080 --> 09:11.920]  There are distinctions that I need that you don't know how to make.
[09:11.920 --> 09:14.720]  You can't tell me the whole story.
[09:14.720 --> 09:18.040]  So you can only tell me what seems important to you.
[09:18.040 --> 09:23.120]  So I go back and I ask for a timeline.
[09:23.120 --> 09:32.640]  When you think of something that went on, write down something that occurred and the
[09:32.640 --> 09:33.640]  date.
[09:33.640 --> 09:35.960]  Don't care anything about what occurred.
[09:35.960 --> 09:36.960]  This occurred on this date.
[09:36.960 --> 09:38.520]  This occurred on this date.
[09:38.520 --> 09:39.960]  I called this guy on this date.
[09:39.960 --> 09:41.960]  I don't want to hear what you talked about.
[09:41.960 --> 09:47.680]  I don't care what you talked about, but maybe a brief word or two and just give me a list.
[09:47.680 --> 09:58.320]  You can tend by that method to avoid a lot of the emotional involvement and a lot of
[09:58.320 --> 10:05.520]  the errant distortion that comes from emotional involvement.
[10:05.520 --> 10:12.880]  Once you have a basic timeline, it makes no difference if you have everything in there.
[10:12.880 --> 10:16.360]  Just put down what you remember.
[10:16.360 --> 10:19.960]  There will be a whole lot of things you don't remember.
[10:19.960 --> 10:26.320]  The reason you don't remember them is you're trying to access all of this information with
[10:26.320 --> 10:30.080]  no specific point of reference.
[10:30.080 --> 10:35.440]  So your inner mind just goes in and gets whatever seems to be the most important.
[10:35.440 --> 10:41.160]  The inner mind knows telling someone every detail of what happened in one sitting is
[10:41.160 --> 10:42.160]  almost impossible.
[10:42.160 --> 10:47.920]  It knows if it tries to do that, you'll get bored and frustrated and confused.
[10:47.920 --> 10:55.360]  So the inner mind will deliver up to you those pieces of information that appears to make
[10:55.360 --> 10:59.160]  your story fit together.
[10:59.160 --> 11:00.440]  So write a timeline that way.
[11:00.440 --> 11:01.920]  We don't care if you miss stuff.
[11:01.920 --> 11:03.920]  We don't care if you miss a whole section.
[11:03.920 --> 11:06.280]  Just put in a timeline.
[11:06.280 --> 11:13.680]  Then go back the next day or the day after and go down your timeline.
[11:13.680 --> 11:22.160]  You will be absolutely amazed when you look at the timeline from the perspective of this
[11:22.160 --> 11:25.900]  date and this date.
[11:25.900 --> 11:28.560]  Now you're not looking at the whole thing.
[11:28.560 --> 11:31.920]  You're just looking at from this date to this date.
[11:31.920 --> 11:34.320]  Your inner mind will say, okay, this date to this date.
[11:34.320 --> 11:35.320]  Now wait a minute.
[11:35.320 --> 11:39.200]  There's a whole bunch of stuff that happened in between that and new stuff will stop popping
[11:39.200 --> 11:41.480]  up into your awareness.
[11:41.480 --> 11:49.320]  Your inner mind will start delivering what it considers important information or semi-important
[11:49.320 --> 11:55.800]  information that occurred between these two dates only and not in the overall schematic.
[11:55.800 --> 11:58.840]  So you tend to pull out finer detail.
[11:58.840 --> 12:03.640]  About the third or fourth time you go over your timeline, you will have a very complete
[12:03.640 --> 12:04.800]  timeline.
[12:04.800 --> 12:10.480]  I had someone in California build me a timeline.
[12:10.480 --> 12:15.360]  I had him do it that way and he sent it to me and said, you're going to have to work
[12:15.360 --> 12:16.360]  on it.
[12:16.360 --> 12:17.840]  It's about 10 pages.
[12:17.840 --> 12:21.880]  He said, I put everything in there.
[12:21.880 --> 12:30.560]  I got his timeline and went through it and put in a carriage return everywhere he had
[12:30.560 --> 12:36.600]  a period, numbered all of it and dropped it in the document as a statement of facts.
[12:36.600 --> 12:44.840]  I didn't have to change anything because all he said was, oh, this date, this happened,
[12:44.840 --> 12:50.240]  this date, this happened, this date, this happened, it was 10 pages of that.
[12:50.240 --> 12:52.120]  That was perfect.
[12:52.120 --> 12:55.960]  It was exactly what I needed.
[12:55.960 --> 13:04.680]  And then now, statement of facts, the way you should do your document, either start your
[13:04.680 --> 13:11.800]  document with a statement of facts or start your document with a reference to a statement
[13:11.800 --> 13:15.160]  of facts that's included in a separate document.
[13:15.160 --> 13:16.800]  And that's what we've begun doing.
[13:16.800 --> 13:25.280]  Because I've broken down my documents so that the original document, the motion or the suit
[13:25.280 --> 13:34.040]  is very short and no statement of facts, just the assertions.
[13:34.040 --> 13:40.000]  And then I'll build a statement of facts and then a statement of factual accusation.
[13:40.000 --> 13:46.320]  The statement of facts, once you have it built, then you need to go look at it and say, okay,
[13:46.320 --> 13:53.320]  I got a judge here reading this and he doesn't know anything.
[13:53.320 --> 14:04.360]  Go down your statement of facts and mark the ones that absolutely goes to a piece of information
[14:04.360 --> 14:10.720]  that will explain something later on when you start making accusations.
[14:10.720 --> 14:15.400]  Every fact that you're going to refer to, mark it.
[14:15.400 --> 14:23.400]  And then when you build your statement of factual accusation, you take the statement
[14:23.400 --> 14:30.560]  of facts and you show the court how all of these facts fit together, how one fact leads
[14:30.560 --> 14:34.560]  to another and how they constitute your claim.
[14:34.560 --> 14:41.440]  When you do that, you will come up with arguments that you didn't originally have in your statement
[14:41.440 --> 14:42.440]  of facts.
[14:42.440 --> 14:44.520]  So then go back and put them in.
[14:44.520 --> 14:53.880]  For instance, I'm researching the deed of trust and we're looking at MERS and the language
[14:53.880 --> 14:59.280]  for the inclusion of MERS looks like whoever did that was high on coke or something.
[14:59.280 --> 15:02.440]  It does not make sense.
[15:02.440 --> 15:06.680]  So I said, why did they come up with this?
[15:06.680 --> 15:11.320]  Look down at the bottom and there's a footer down there that says Fannie Mae Freddie Mac
[15:11.320 --> 15:15.000]  Uniform Instrument had a number behind it.
[15:15.000 --> 15:20.280]  So I said, you know, I can't believe that Fannie Mae Freddie Mac would put out Uniform
[15:20.280 --> 15:22.720]  Instrument with this garbage wording in it.
[15:22.720 --> 15:30.400]  So I pulled up the Uniform Instrument and the Fannie Mae Freddie Mac Uniform Instrument
[15:30.400 --> 15:33.760]  does not have MERS included in it.
[15:33.760 --> 15:40.560]  There is a Fannie Mae Freddie Mac Uniform Instrument with MERS.
[15:40.560 --> 15:44.360]  And that one has this idiot language in there.
[15:44.360 --> 15:49.680]  But if the footer doesn't include MERS in the footer, and a lot of them don't, even
[15:49.680 --> 15:57.680]  if MERS is in the document, then I put in my statement of facts on this day, a document
[15:57.680 --> 16:01.880]  was filed with the county recorder titled as follows.
[16:01.880 --> 16:07.560]  And then I take the document itself and capture out the title of the document, drop it in.
[16:07.560 --> 16:14.280]  Then I put in said document contained the footer as follows, and I drop the footer in.
[16:14.280 --> 16:19.680]  The judge is going to read that and he's going to see that I put the footer in there right
[16:19.680 --> 16:22.480]  at the top.
[16:22.480 --> 16:28.440]  And he's going to think, why did he do that?
[16:28.440 --> 16:35.240]  The judge is going to assume you did all these things on purpose and when we write a statement
[16:35.240 --> 16:38.040]  of facts, it is on purpose.
[16:38.040 --> 16:41.240]  And I will get to the purpose when we come back on the other side.
[16:41.240 --> 16:49.280]  This is Randy Kelton, Joe Esquivel, Rule of Law Radio, our call in number 512-646-1984.
[16:49.280 --> 16:55.000]  Give us a call, we'll be taking, as soon as I get done with this soliloquy, we will go
[16:55.000 --> 17:00.760]  to the phones and we'll have the phones open all night and we'll be right back.
[17:00.760 --> 17:06.800]  Through advances in technology our lives have greatly improved, except in the area of nutrition.
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[18:49.480 --> 18:59.020]  That's RuleOfLawRadio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:59.020 --> 19:00.020]  collectors now.
[19:29.020 --> 19:57.440]  Okay, we are back, Randy Kelso, Debra Stevens, Rule of Law Radio.
[19:57.440 --> 20:02.720]  And this is our Friday night four-hour info marathon.
[20:02.720 --> 20:09.360]  First two hours, you was on foreclosure with our very special guest, Mr. Joe Esquivel.
[20:09.360 --> 20:11.360]  No, no, that's not fair.
[20:11.360 --> 20:12.360]  He's not a guest.
[20:12.360 --> 20:13.360]  He's a co-host.
[20:13.360 --> 20:17.640]  I shouldn't call him a guest.
[20:17.640 --> 20:21.280]  I should make him go get coffee or do something just to make him move forward.
[20:21.280 --> 20:24.640]  It'd be cold by the time I got it to you.
[20:24.640 --> 20:37.480]  Okay, we're talking about statement of facts and the statement of facts is absolutely critical.
[20:37.480 --> 20:43.400]  It is important for the court, but it's far more important for you.
[20:43.400 --> 20:50.040]  It kind of goes to how the brain does what it does.
[20:50.040 --> 20:55.520]  You know, most of what we do, we do out of awareness.
[20:55.520 --> 21:04.480]  And when we are going through a situation, the conscious parts pay attention to the details
[21:04.480 --> 21:11.940]  and it's the inner part of the mind that determines what's important and attaches referential
[21:11.940 --> 21:13.440]  index to it.
[21:13.440 --> 21:20.120]  The only thing you're going to remember is what the inner mind has, I'm sorry, the only
[21:20.120 --> 21:26.920]  thing you will remember in your direct conscious awareness is what the inner mind has marked
[21:26.920 --> 21:29.720]  out as important.
[21:29.720 --> 21:35.280]  The other details there, you just can't get them directly.
[21:35.280 --> 21:41.600]  If I ask you a very specific question about very specific detail, then your mind can go
[21:41.600 --> 21:44.160]  in there and find it.
[21:44.160 --> 21:50.120]  These are the problems we have and lawyers have the same problem is they sit down in
[21:50.120 --> 21:57.640]  front of a client and they don't know what happened so they don't know what to ask the
[21:57.640 --> 21:58.640]  client.
[21:58.640 --> 22:06.740]  The client, on the other hand, knows what happened, but he doesn't know what the elements
[22:06.740 --> 22:10.100]  of the situation, the legal elements of the situation are.
[22:10.100 --> 22:13.960]  So he doesn't know what to tell the lawyer.
[22:13.960 --> 22:22.340]  Now the lawyer's job is to extract from the client those pieces of information that are
[22:22.340 --> 22:25.600]  usable by the lawyer and then when you sit in front of the lawyer and you start telling
[22:25.600 --> 22:31.840]  him your story, he'll take out a legal pad, get out a paper, a pen and he'll sit there
[22:31.840 --> 22:37.000]  and listen patiently and everyone will start to write something down.
[22:37.000 --> 22:41.840]  Every time you step on a legal element, he's going to write it down and he's going to get
[22:41.840 --> 22:46.200]  a list of adjudicatable elements.
[22:46.200 --> 22:51.400]  Then he'll look at that list of adjudicatable elements, okay, these things, he said happened,
[22:51.400 --> 22:57.580]  okay, in order for these two things to happen, something had to occur in between and he'll
[22:57.580 --> 23:00.520]  ask a question about that.
[23:00.520 --> 23:09.640]  Well, that is a way of doing things, but it really sucks because lawyers get distracted,
[23:09.640 --> 23:16.320]  people get frustrated, they get bored and we don't communicate well.
[23:16.320 --> 23:27.280]  So the first thing I want someone to do is give me a timeline and I want the timeline
[23:27.280 --> 23:33.120]  before I talk to them, before I start telling them, oh, you can do this, you can do that,
[23:33.120 --> 23:38.920]  you can do the other, because now what I'm going to do is send them after those pieces
[23:38.920 --> 23:45.440]  of information that apply to what I told them, but I didn't tell them everything because
[23:45.440 --> 23:49.760]  I don't have eight hours to go through everything and even if I did, they'd fall asleep halfway
[23:49.760 --> 23:50.760]  through it.
[23:50.760 --> 23:57.760]  Joe and I, we've been researching this stuff for a long time, we've got this huge amount
[23:57.760 --> 23:58.760]  of information.
[23:58.760 --> 24:05.240]  We can't take a fire hose and stick it down your throat and dump it in there.
[24:05.240 --> 24:13.320]  So we have to sit back, listen to what you say and see what it points to and then try
[24:13.320 --> 24:15.760]  to pull out the elements that we need.
[24:15.760 --> 24:19.760]  Well, that's why we can't give you everything on the front end.
[24:19.760 --> 24:24.800]  We're going to give you pieces and if we give you pieces, your statement of facts only goes
[24:24.800 --> 24:25.800]  to those pieces.
[24:25.800 --> 24:27.560]  So I don't want to give you anything.
[24:27.560 --> 24:32.800]  First thing, write me a statement of facts uncontaminated.
[24:32.800 --> 24:38.880]  I'm building online questionnaires for that purpose because if you're sitting in front
[24:38.880 --> 24:46.520]  of a lawyer, you're sitting in front of the lawyer in order to sell the lawyer on your
[24:46.520 --> 24:48.680]  case.
[24:48.680 --> 24:54.840]  So you send an instruction to your inner mind and you tell it, okay, I need to give this
[24:54.840 --> 24:57.800]  lawyer reason to represent my case.
[24:57.800 --> 25:04.240]  So bring me up the information I need to give the lawyer so he'll represent me.
[25:04.240 --> 25:09.760]  So the inner mind takes that is let's regurgitate all the bad stuff.
[25:09.760 --> 25:14.480]  All the bad stuff on the other guy's side, let's not get anywhere close to the bad stuff
[25:14.480 --> 25:20.760]  I did because that's not going to help me convince the lawyer to represent me.
[25:20.760 --> 25:27.800]  Now for the most part, even if the client knows that the lawyer needs the bad stuff
[25:27.800 --> 25:34.120]  you did anyway, the inner mind doesn't really get that.
[25:34.120 --> 25:37.400]  He's trying to sell the lawyer first.
[25:37.400 --> 25:44.720]  So your client never tells you everything and it's not on purpose.
[25:44.720 --> 25:47.680]  It's because the inner mind doesn't deliver that part up.
[25:47.680 --> 25:54.320]  Yeah, we've all seen the program where the lawyer is in front of the court and the opposing
[25:54.320 --> 26:02.320]  counsel brings up this issue and the lawyer turns and looks at his client, well, and the
[26:02.320 --> 26:06.560]  client looks at him, oh, I was supposed to tell you about that.
[26:06.560 --> 26:07.560]  We've all seen that.
[26:07.560 --> 26:10.920]  This is how that kind of thing happens.
[26:10.920 --> 26:15.320]  So first thing you need to do is get that timeline out of the way.
[26:15.320 --> 26:23.560]  If you have an issue, criminal, civil, write yourself a timeline and always keep it.
[26:23.560 --> 26:33.160]  If you're working, researching something complex, get you a notepad next to you and take notes.
[26:33.160 --> 26:40.880]  The notes do not have to be complete because you're not taking those notes in order to
[26:40.880 --> 26:46.520]  preserve in detail specific information.
[26:46.520 --> 26:53.440]  All you're doing is building a timeline, a point of reference so that when you go back
[26:53.440 --> 27:01.280]  and when you look at that note you wrote, you'll remember exactly when you wrote it
[27:01.280 --> 27:03.720]  and why you wrote it.
[27:03.720 --> 27:09.800]  You can go back to where the piece of information was and dig it out and fill in the empty spaces
[27:09.800 --> 27:11.520]  you didn't fill in in your notes.
[27:11.520 --> 27:12.520]  Just take notes.
[27:12.520 --> 27:13.520]  They don't have to be great notes.
[27:13.520 --> 27:21.800]  They don't even have to really be readable as long as the notes follow in order because
[27:21.800 --> 27:24.560]  the inner mind will have a referential index.
[27:24.560 --> 27:30.600]  It can refer from one to the other and then it'll be able to fill in the blanks.
[27:30.600 --> 27:38.320]  So that's all I'm going to talk about on timelines and proof of facts.
[27:38.320 --> 27:44.280]  One more issue, once you have your proof, your statement of facts completed, your timeline
[27:44.280 --> 27:50.080]  completed, then you go back and look at it.
[27:50.080 --> 27:54.480]  Light out the story you want to tell the court.
[27:54.480 --> 28:01.360]  This is what the problem is and this is why you should rule in my favor.
[28:01.360 --> 28:07.360]  Then go back and look at your statement of facts and think about that.
[28:07.360 --> 28:16.480]  How can I write my statement of facts so that if someone read my statement of facts, because
[28:16.480 --> 28:24.040]  of the facts I gave them and the order I give them to the reader, they would tend to draw
[28:24.040 --> 28:31.840]  these conclusions and tend to come to the conclusion that I want them to come to.
[28:31.840 --> 28:37.120]  In the end, the statement of facts you give the court doesn't have to have all the facts
[28:37.120 --> 28:39.360]  in there.
[28:39.360 --> 28:48.120]  The facts that your sock had a hole in the toe, not relevant, doesn't need to be there.
[28:48.120 --> 28:57.120]  Facts that don't lead the court to the decision you want them to come to.
[28:57.120 --> 29:02.160]  If they're not really important facts, you can kind of skip over a few of those as long
[29:02.160 --> 29:07.440]  as it gives a good flow of how things occurred.
[29:07.440 --> 29:15.360]  But if you can get the reader to draw conclusions from your facts, uncontaminated with your
[29:15.360 --> 29:22.040]  argument about the facts, if he reads your facts and would draw the conclusion you want,
[29:22.040 --> 29:27.280]  then when he goes to your argument and support, he's going to find that you're drawing the
[29:27.280 --> 29:32.840]  same conclusions he already came to that give you what's called a report.
[29:32.840 --> 29:36.520]  He's going to think you're really smart because you think like he does.
[29:36.520 --> 29:39.880]  Okay, when we come back, we have Jim from Washington.
[29:39.880 --> 29:52.080]  We'll take his call, give us a call, our calling number, 512-646-1984, my tongue is getting
[29:52.080 --> 30:02.520]  ahead of my brain, which is not that uncommon a problem for me, we'll be right back.
[30:02.520 --> 30:07.200]  Genetically modified crops have taken over our food supply and now they're going global.
[30:07.200 --> 30:11.360]  It turns out U.S. diplomats played a huge role in spreading the scourge.
[30:11.360 --> 30:15.640]  I'm Dr. Catherine Albrecht and I'll tell you what they did in a moment.
[30:15.640 --> 30:20.960]  Your search engine is watching you, recording all your searches and creating a massive database
[30:20.960 --> 30:22.640]  of your personal information.
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[30:23.940 --> 30:26.040]  But it doesn't have to be that way.
[30:26.040 --> 30:29.160]  Startpage.com is the world's most private search engine.
[30:29.160 --> 30:33.280]  Startpage doesn't store your IP address, make a record of your searches or use tracking
[30:33.280 --> 30:35.560]  cookies and they're third party certified.
[30:35.560 --> 30:41.000]  If you don't like big brother spying on you, start over with Startpage, great search results
[30:41.000 --> 30:42.880]  and total privacy.
[30:42.880 --> 30:45.960]  Startpage.com, the world's most private search engine.
[30:45.960 --> 30:49.680]  Apparently, American diplomats do more than just shake hands.
[30:49.680 --> 30:54.040]  They also promote GMO crops from Monsanto and DuPont.
[30:54.040 --> 30:58.400]  Secret government documents made public by WikiLeaks show that U.S. officials targeted
[30:58.400 --> 31:03.440]  Asia, Africa and South America where people still grow food organically.
[31:03.440 --> 31:07.960]  They also sponsored trips by biotech promoters to sway foreign leaders.
[31:07.960 --> 31:12.960]  The State Department even tried to pressure the Pope into accepting GMO crops and one
[31:12.960 --> 31:17.760]  ambassador drew up a retaliation list of countries that said no.
[31:17.760 --> 31:23.000]  Monsanto's not only engineering fake crops, sounds like they've engineered our government
[31:23.000 --> 31:24.000]  too.
[31:24.000 --> 31:25.280]  I'm Dr. Catherine Albrecht.
[31:25.280 --> 31:30.680]  More news and information at CatherineAlbrecht.com.
[31:30.680 --> 31:36.040]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:36.040 --> 31:41.480]  The government says that fire brought it down, however, 1,500 architects and engineers concluded
[31:41.480 --> 31:43.120]  it was a controlled demolition.
[31:43.120 --> 31:47.200]  Over 6,000 of my fellow service members have given their lives, but thousands of my fellow
[31:47.200 --> 31:48.520]  first responders are dying.
[31:48.520 --> 31:52.120]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City Correction
[31:52.120 --> 31:57.120]  Officer, I'm an Air Force pilot, I'm a father who lost his son, we're Americans and we deserve
[31:57.120 --> 31:58.120]  the truth.
[31:58.120 --> 32:00.920]  Visit RememberBuilding7.org today.
[32:00.920 --> 32:05.000]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.000 --> 32:08.880]  In today's America, we live in an us-against-them society and if we the people are ever going
[32:08.880 --> 32:12.520]  to have a free society, then we're going to have to stand and defend our own rights.
[32:12.520 --> 32:16.040]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.040 --> 32:20.080]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.080 --> 32:23.920]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:23.920 --> 32:25.320]  our rights through due process.
[32:25.320 --> 32:29.280]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[32:29.280 --> 32:33.040]  most comprehensive teaching tool available that will help you understand what due process
[32:33.040 --> 32:35.440]  is and how to hold courts to the rule of law.
[32:35.440 --> 32:39.440]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:39.440 --> 32:40.760]  ordering your copy today.
[32:40.760 --> 32:44.120]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:44.120 --> 32:48.520]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:48.520 --> 32:50.840]  documents and other useful resource material.
[32:50.840 --> 32:54.800]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.800 --> 33:01.800]  Order your copy today and together we can have the free society we all want and deserve.
[33:54.800 --> 34:12.160]  Okay, we are back, Randy Kelton, Joe Esquivel, Rule of Law Radio, and we're talking, we're
[34:12.160 --> 34:15.160]  going to Jim in Washington.
[34:15.160 --> 34:19.320]  Hello Jim, what do you have for us today?
[34:19.320 --> 34:24.080]  I was curious about a public records request.
[34:24.080 --> 34:29.840]  I've heard you say that you should never ask for more than one per request.
[34:29.840 --> 34:34.440]  Is it okay to send a single envelope?
[34:34.440 --> 34:51.000]  Yes, last time I went to the Texas State Securities Board, I handed her nine separate requests.
[34:51.000 --> 34:53.640]  Each one asked for a specific piece of information.
[34:53.640 --> 35:02.360]  If you ask for everything on one request, they'll pick something that they can raise
[35:02.360 --> 35:10.200]  a question about, or at least give the impression of being able to raise a question, and then
[35:10.200 --> 35:19.440]  they will withhold everything based on a response to that particular issue.
[35:19.440 --> 35:25.960]  I handed her nine, and she said, well, Mr. Kelton, you could have done this on one document.
[35:25.960 --> 35:31.040]  I said, yeah, I know, but this is not my first rodeo.
[35:31.040 --> 35:38.400]  We'll do this on separate documents so you can respond to each one of them as a separate
[35:38.400 --> 35:39.400]  request.
[35:39.400 --> 35:48.160]  This way I don't have this problem with my records being held up based on some frivolous
[35:48.160 --> 35:51.680]  argument on one of the issues.
[35:51.680 --> 35:53.880]  That's the reason I do it that way.
[35:53.880 --> 35:54.880]  Right.
[35:54.880 --> 35:59.760]  I was just wondering if you could mail more than one in just to save mailing costs.
[35:59.760 --> 36:00.760]  Yeah, absolutely.
[36:00.760 --> 36:06.040]  Mail more than one in envelopes, it won't matter.
[36:06.040 --> 36:13.000]  I always include at the bottom of the page, right under the affirmation, right under my
[36:13.000 --> 36:23.160]  signature, is I put a line, initial here, date here, so that we want whoever gets it
[36:23.160 --> 36:27.600]  to date and initial it so we know when they got it.
[36:27.600 --> 36:33.840]  Initial here, date here, and make a copy, return me a copy.
[36:33.840 --> 36:34.840]  Okay.
[36:34.840 --> 36:37.840]  I seldom have a problem with that.
[36:37.840 --> 36:40.000]  I have had times where they wouldn't initial it.
[36:40.000 --> 36:43.840]  I say, that's okay, just date it.
[36:43.840 --> 36:48.960]  What they don't understand, if they make any mark on that paper with their hand, I can
[36:48.960 --> 36:53.040]  put them on a stand and say, did you make that mark?
[36:53.040 --> 36:56.400]  That's as good as certifying.
[36:56.400 --> 37:01.840]  Always ask them to initial or never sign, just initial, because nobody likes to sign
[37:01.840 --> 37:02.840]  anything.
[37:02.840 --> 37:03.840]  Initial and date.
[37:03.840 --> 37:04.840]  Okay.
[37:04.840 --> 37:14.640]  Date makes it easier for them to do it, but you want somebody else's hand on that document.
[37:14.640 --> 37:21.960]  Our state uses pre-done forms, I don't know how I would add that to it.
[37:21.960 --> 37:32.920]  Ours attempts to, I was just in Harlandton and I asked to see some records and they wanted
[37:32.920 --> 37:40.520]  a written request and I objected to that, saying that under the Texas code, the justice
[37:40.520 --> 37:43.520]  of the peace court can't ask for a written request.
[37:43.520 --> 37:46.960]  Well, we're going to hold them unless you give us a written request.
[37:46.960 --> 37:54.680]  Okay, so I opened my case and I pulled out mine and I filled it out and handed it to
[37:54.680 --> 37:55.680]  her.
[37:55.680 --> 37:59.120]  She looked at it and then she got out her form and said, you'll have to fill out this.
[37:59.120 --> 38:02.280]  No ma'am, I will not have to fill out that.
[38:02.280 --> 38:03.880]  Well, we require this.
[38:03.880 --> 38:06.720]  I don't care what you require.
[38:06.720 --> 38:11.440]  You have my request, you can either respond to it or not, I don't care what you do.
[38:11.440 --> 38:19.960]  She goes in the back, I guess she showed it to the JP and told her, this guy won't fill
[38:19.960 --> 38:21.320]  out our request.
[38:21.320 --> 38:25.520]  Well, mine is pretty obnoxious.
[38:25.520 --> 38:34.160]  It starts out, you are hereby directed to provide for inspection or copying all of the
[38:34.160 --> 38:35.160]  following.
[38:35.160 --> 38:37.360]  Then I list out what I want.
[38:37.360 --> 38:41.840]  You will notify me of the date and time of which these records can be inspected.
[38:41.840 --> 38:47.120]  You'll notify me of any costs incurred in this inspection prior to incurrence of same
[38:47.120 --> 38:51.040]  and state controlled specific authorization for said costs.
[38:51.040 --> 38:55.880]  You'll notify me of any redactions from this document and the Attorney General's specific
[38:55.880 --> 38:57.720]  authorization for said redactions.
[38:57.720 --> 39:05.240]  You'll notify me of any request for an opinion from the Attorney General and copy me any
[39:05.240 --> 39:11.880]  request so that I may timely rebut your request for an opinion.
[39:11.880 --> 39:13.760]  Stick it.
[39:13.760 --> 39:16.400]  I don't care if you like it or not.
[39:16.400 --> 39:22.480]  And I stayed in there that this is not a request for copies of documents.
[39:22.480 --> 39:29.680]  This is a request for physical inspection and the opportunity to make my own copies.
[39:29.680 --> 39:35.880]  The last one I sent in, they said in order to produce all the copies I asked for, I'd
[39:35.880 --> 39:41.280]  have to give them a $3,000 deposit.
[39:41.280 --> 39:46.160]  Just a class A misdemeanor criminal complaint.
[39:46.160 --> 39:49.560]  So does that apply in every state that you can write your own request, you don't have
[39:49.560 --> 39:51.400]  to use their form?
[39:51.400 --> 39:59.040]  I have, if you look at your open records law, if your open records law does not specify
[39:59.040 --> 40:03.480]  a form, then there is no form specified.
[40:03.480 --> 40:04.480]  Okay.
[40:04.480 --> 40:05.480]  All right.
[40:05.480 --> 40:10.720]  And I don't care what the policies, when I went in to look at these records, I'd already
[40:10.720 --> 40:15.240]  the last time I was there, they gave me a hard time and I called 911 and worked them
[40:15.240 --> 40:16.240]  over with that.
[40:16.240 --> 40:21.480]  So when two days later they decided I could see the records, I came back and walked up
[40:21.480 --> 40:26.080]  to the counter and I had my cell phone in my hand and the constable said, you'll have
[40:26.080 --> 40:28.280]  to turn that cell phone off.
[40:28.280 --> 40:30.240]  I'm not turning my cell phone off.
[40:30.240 --> 40:34.600]  And the clerk pointed behind me said, well, we have a policy, ma'am, I don't care about
[40:34.600 --> 40:36.400]  your policy.
[40:36.400 --> 40:39.440]  I have a constitution, I have a statute.
[40:39.440 --> 40:42.440]  You can use your policy for toilet paper.
[40:42.440 --> 40:50.040]  And the clerk said, okay, okay.
[40:50.040 --> 40:54.080]  That was way too much fun.
[40:54.080 --> 41:01.400]  But they knew I was trying to get them to deny the records because that's what I got
[41:01.400 --> 41:03.880]  them to do the first time.
[41:03.880 --> 41:06.600]  They told me what they wanted me to do and I told them, no.
[41:06.600 --> 41:12.880]  The clerk asked me who I was with and I said, nobody.
[41:12.880 --> 41:15.880]  She said, I need to know who you're with.
[41:15.880 --> 41:20.000]  I am here in my personal capacity.
[41:20.000 --> 41:26.800]  When I said that, she picked up the records and walked away.
[41:26.800 --> 41:31.200]  I looked across the room, the constable standing over there, Mr. Constable, and he ignored
[41:31.200 --> 41:32.200]  me.
[41:32.200 --> 41:39.800]  So I shouted out so loud they could hear it down the hall, Mr. Constable.
[41:39.800 --> 41:41.800]  That got his attention.
[41:41.800 --> 41:42.800]  What can I do for you?
[41:42.800 --> 41:48.280]  I need you to take out a pencil and piece of paper and take my criminal accusation against
[41:48.280 --> 41:50.840]  whoever she is over there.
[41:50.840 --> 41:57.320]  For classic misdemeanor, official misconduct, criminal violation 39.03 penal code and criminal
[41:57.320 --> 41:59.720]  violation 552 government code.
[41:59.720 --> 42:02.480]  Well, I'm not going to take any complaints.
[42:02.480 --> 42:05.560]  She said, well, that's your call, Bubba.
[42:05.560 --> 42:08.080]  Are you a certified police officer, state of Texas?
[42:08.080 --> 42:09.080]  Yes, I am.
[42:09.080 --> 42:13.960]  And you're going to refuse to perform your duty under Article 2.13 Code of Criminal Procedure?
[42:13.960 --> 42:17.480]  And I'm a constable and that's not within our jurisdiction.
[42:17.480 --> 42:22.560]  Oh, well, I guess we need to see what the grand jury has to say about that.
[42:22.560 --> 42:23.560]  You're dismissed.
[42:23.560 --> 42:31.000]  I turned my back on him, took out my cell phone, dialed 911, and got the local police
[42:31.000 --> 42:32.000]  department.
[42:32.000 --> 42:35.320]  I told them to send the sheriff's deputy out to arrest and I turned around, hey you, what's
[42:35.320 --> 42:36.320]  your name?
[42:36.320 --> 42:45.440]  They didn't even tell me his name for first degree, second, third degree felony shielding
[42:45.440 --> 42:46.440]  from prosecution.
[42:46.440 --> 42:54.680]  I need you to have a clerk arrested for class A misdemeanor, criminal violation 39.03 penal
[42:54.680 --> 42:55.680]  code.
[42:55.680 --> 42:58.240]  And then she wanted details.
[42:58.240 --> 42:59.360]  You don't need details.
[42:59.360 --> 43:00.680]  Get somebody out here.
[43:00.680 --> 43:04.760]  Well, we can't just send someone out unless there's a real crime.
[43:04.760 --> 43:07.280]  Are you a prosecuting attorney?
[43:07.280 --> 43:10.040]  Well, no, I'm the dispatcher.
[43:10.040 --> 43:12.840]  You're not a legal counsel.
[43:12.840 --> 43:15.160]  She said, no, I'm not.
[43:15.160 --> 43:18.640]  And don't give me any legal advice and send somebody out here.
[43:18.640 --> 43:21.680]  Oh, that was so much fun.
[43:21.680 --> 43:26.280]  Did they sit off this fat sergeant with a little smarty mouth?
[43:26.280 --> 43:28.680]  I'm not going to take any complaints here today.
[43:28.680 --> 43:31.040]  And what did he send you for?
[43:31.040 --> 43:32.040]  You're worthless.
[43:32.040 --> 43:33.040]  Get lost.
[43:33.040 --> 43:34.040]  You're dismissed.
[43:34.040 --> 43:35.040]  You can go.
[43:35.040 --> 43:36.800]  He really wanted to shoot me.
[43:36.800 --> 43:44.400]  But when I come back two days later, their attitude changed dramatically.
[43:44.400 --> 43:45.400]  Hang on.
[43:45.400 --> 43:53.400]  Randy Kelton, Debra Stevens, Joe Esquivel, Wheel of Law Radio, our call in number, 512-646-1984.
[43:53.400 --> 43:56.400]  We'll be right back.
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[44:37.600 --> 44:43.240]  512-264-4043, naturespureorganics.com.
[44:43.240 --> 45:01.240]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.240 --> 45:04.440]  Are you the plaintiff or defendant in a lawsuit?
[45:04.440 --> 45:11.200]  Plan your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course
[45:11.200 --> 45:14.200]  that will show you how in 24 hours, step-by-step.
[45:14.200 --> 45:18.920]  If you have a lawyer, know what your lawyer should be doing.
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[45:39.400 --> 45:43.680]  principles and practices that control our American courts.
[45:43.680 --> 45:49.880]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
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[45:52.440 --> 46:00.040]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:00.040 --> 46:08.560]  Whoa, whoa, whoa, yeah.
[46:08.560 --> 46:27.720]  Always, I must be careful what I'm wishing for.
[46:27.720 --> 46:34.720]  When I'm hungry, I like to know just what I'm fishing for.
[46:34.720 --> 46:39.720]  I ain't asking for much, I ain't trying to be no glutton.
[46:39.720 --> 46:46.720]  I'm just here making my living pushing buttons.
[46:46.720 --> 46:55.720]  I give my message out to anyone in shout and distance, both for bravery and against slavery,
[46:55.720 --> 46:58.720]  my favorite show and resistance.
[46:58.720 --> 46:59.720]  Okay, we are back.
[46:59.720 --> 47:03.720]  Randy Kelvin, Deborah Stevens, Joe Esquivel.
[47:03.720 --> 47:10.720]  This is our Friday night, November the 1st, 2013 show.
[47:10.720 --> 47:14.720]  A Campeloon visitor is almost over.
[47:14.720 --> 47:19.720]  It's getting scary how fast they're passing.
[47:19.720 --> 47:29.720]  I remember thinking when we first read the book 1984 in school, thinking about how long
[47:29.720 --> 47:33.720]  that was in the future.
[47:33.720 --> 47:38.720]  1984?
[47:38.720 --> 47:41.720]  Can we be this old?
[47:41.720 --> 47:45.720]  Anyway, we're talking to Jim in Washington.
[47:45.720 --> 47:49.720]  Jim, did you have any other, did I pretty well answer your question?
[47:49.720 --> 47:50.720]  Yes, you did.
[47:50.720 --> 47:53.720]  Thank you very much.
[47:53.720 --> 47:56.720]  Okay, we don't have any more calls.
[47:56.720 --> 48:03.720]  And there was, what I was talking about earlier, there was actually, Joe, did you have something
[48:03.720 --> 48:07.720]  you wanted to go over to that?
[48:07.720 --> 48:08.720]  I'm open to anything.
[48:08.720 --> 48:13.720]  I was having fun this week.
[48:13.720 --> 48:21.720]  Yeah, the opposition filed a reply to my motion for Lee to file an amicus.
[48:21.720 --> 48:24.720]  But the funny thing was, Randy, that...
[48:24.720 --> 48:26.720]  Wait a minute, hold on.
[48:26.720 --> 48:29.720]  The opposition wanted to file an amicus?
[48:29.720 --> 48:34.720]  No, the opposition filed a motion.
[48:34.720 --> 48:35.720]  Or here.
[48:35.720 --> 48:37.720]  B.
[48:37.720 --> 48:40.720]  Noches County are the plaintiffs.
[48:40.720 --> 48:44.720]  Merz and Bank of America are the defendants.
[48:44.720 --> 48:52.720]  So the defendants filed a motion in opposition of my motion to file an amicus.
[48:52.720 --> 48:54.720]  Oh, okay.
[48:54.720 --> 49:03.720]  So the funny thing was that they came after me individually and personally attacking me,
[49:03.720 --> 49:12.720]  attacking my background of what I used to do for a living and attacking that I had attempted
[49:12.720 --> 49:21.720]  to put together an algebraic, gibberish mathematical formula that was indecipherable.
[49:21.720 --> 49:26.720]  And I thought, you know, this is really kind of strange because when you're looking at
[49:26.720 --> 49:34.720]  Bank of America, and this is a financial institution that does hundreds of thousands
[49:34.720 --> 49:39.720]  of financial transactions each and every day using math formulas that would make a math
[49:39.720 --> 49:48.720]  professor's head spin, and the formula that I put together is just basic algebraic concepts
[49:48.720 --> 49:50.720]  that are taught in the eighth and ninth grade level.
[49:50.720 --> 49:56.720]  And I'm thinking, wow, I hope that, you know, the bank has a little better understanding
[49:56.720 --> 49:59.720]  of what I'm putting forward.
[49:59.720 --> 50:04.720]  Because they didn't go after the merits of the legal theory that I presented.
[50:04.720 --> 50:07.720]  They just, you know, came after me a little bit.
[50:07.720 --> 50:10.720]  Ad hominem.
[50:10.720 --> 50:14.720]  And it was Goodwin and Proctor.
[50:14.720 --> 50:22.720]  So here we have one of the largest law firms in the United States out of Washington, D.C.,
[50:22.720 --> 50:29.720]  coming after little old me because they didn't like what I had to say.
[50:29.720 --> 50:34.720]  That's a kind of standard procedure.
[50:34.720 --> 50:38.720]  Did you file a response telling the judge that there are the felons?
[50:38.720 --> 50:40.720]  Well, of course I did.
[50:40.720 --> 50:44.720]  Well, it was fun. I mean, I did.
[50:44.720 --> 50:52.720]  So they claimed that I had nothing to do with the intervening of the counties, and I actually
[50:52.720 --> 51:00.720]  it does because the commonality is that all of the intervening counties all use similar
[51:00.720 --> 51:09.720]  documents filed into public record, i.e. Fannie Mae, Freddie Mac uniform, documents.
[51:09.720 --> 51:14.720]  So everything is all tied together.
[51:14.720 --> 51:19.720]  I just did some research today or yesterday about that.
[51:19.720 --> 51:23.720]  I think you will find very interesting.
[51:23.720 --> 51:25.720]  Oh, that sounds good.
[51:25.720 --> 51:33.720]  I went to Tarrant County and you brought up, was it 15 USC 4001?
[51:33.720 --> 51:35.720]  Correct.
[51:35.720 --> 51:40.720]  Okay, and 15 USC 4003.
[51:40.720 --> 51:46.720]  So I'm looking at how they actually filed the documents.
[51:46.720 --> 51:57.720]  My concern was that the lender is sending in an original instrument and the clerk is
[51:57.720 --> 52:04.720]  scanning that instrument at 300 DPI.
[52:04.720 --> 52:10.720]  So that was my supposed reason for stepping in the door.
[52:10.720 --> 52:18.720]  So at what DPI do you scan these documents?
[52:18.720 --> 52:20.720]  We don't scan the documents.
[52:20.720 --> 52:22.720]  Oh, you don't scan the documents.
[52:22.720 --> 52:32.720]  Then what do you do to ensure that the document you receive is the original document?
[52:32.720 --> 52:36.720]  You don't receive the documents.
[52:36.720 --> 52:38.720]  You don't receive the documents.
[52:38.720 --> 52:39.720]  No, we don't.
[52:39.720 --> 52:40.720]  How do you get the filing?
[52:40.720 --> 52:45.720]  Well, we have these companies that email the filings to us.
[52:45.720 --> 52:47.720]  And what companies are those?
[52:47.720 --> 52:59.720]  Well, those are some companies with whom we have a memorandum of understanding.
[52:59.720 --> 53:07.720]  And these companies receive the documents from the title companies and they forward
[53:07.720 --> 53:14.720]  them to us with a memorandum of understanding that all of these documents are true and
[53:14.720 --> 53:18.720]  accurate copies of originals.
[53:18.720 --> 53:20.720]  Oh, okay.
[53:20.720 --> 53:27.720]  And how do you know that this company actually has the originals?
[53:27.720 --> 53:29.720]  Oh, they don't have the originals.
[53:29.720 --> 53:30.720]  Oh, they don't have the originals.
[53:30.720 --> 53:31.720]  No, no, no, no.
[53:31.720 --> 53:38.720]  They receive an email copy from the title companies.
[53:38.720 --> 53:43.720]  Oh, they get an email copy from the title company.
[53:43.720 --> 53:48.720]  Oh, but they have memorandums of understanding with the title company.
[53:48.720 --> 53:52.720]  They have memorandums of understanding from the title company.
[53:52.720 --> 54:01.720]  So you have assurance from a company that he has assurance from a company that somebody
[54:01.720 --> 54:04.720]  had the original at one point.
[54:04.720 --> 54:07.720]  Well, sort of.
[54:07.720 --> 54:14.720]  I said, are you familiar with 15 USC 4003?
[54:14.720 --> 54:16.720]  No.
[54:16.720 --> 54:19.720]  And I familiarized her with it.
[54:19.720 --> 54:27.720]  So how does your practice comport with the very specific special statute that puts in
[54:27.720 --> 54:34.720]  place a specific restriction on documents referenced by the informed commercial code?
[54:34.720 --> 54:40.720]  Oh, well, this is just the way we do it.
[54:40.720 --> 54:44.720]  So I said, well, that's interesting.
[54:44.720 --> 54:52.720]  If I look at a document filed in the public record, how do I know who actually filed that
[54:52.720 --> 54:54.720]  document?
[54:54.720 --> 54:57.720]  Well, it'll always have an address to return to.
[54:57.720 --> 55:09.720]  Is that return to address necessarily the person or entity who forwarded that document
[55:09.720 --> 55:11.720]  to you?
[55:11.720 --> 55:19.720]  Well, no, not if it came through one of these other companies.
[55:19.720 --> 55:23.720]  I said, you guys have to be kidding.
[55:23.720 --> 55:31.720]  You guys cannot be suing MERS complaining that they're not doing things right when you're
[55:31.720 --> 55:34.720]  making this horrendous mess.
[55:34.720 --> 55:43.720]  Well, Mr. Kelton, if we have to have the original document sent to us and we have to scan those
[55:43.720 --> 55:50.720]  documents and send them back, it'll increase our costs considerably.
[55:50.720 --> 55:56.720]  Your problem, not my problem.
[55:56.720 --> 56:05.720]  My problem is you guys don't appear to be following my law.
[56:05.720 --> 56:08.720]  So how are we going to fix this?
[56:08.720 --> 56:11.720]  Well, I wouldn't know.
[56:11.720 --> 56:21.720]  Anyway, now we have an argument that every one of the documents at least filed into Tarrant
[56:21.720 --> 56:30.720]  County is void and no force in effect because it was not filed in compliance with standing
[56:30.720 --> 56:32.720]  law.
[56:32.720 --> 56:37.720]  I could bring the clerk on and the clerk will testify to that.
[56:37.720 --> 56:38.720]  Wow.
[56:38.720 --> 56:43.720]  I'm betting we find something very similar everywhere in Texas.
[56:43.720 --> 56:45.720]  Well, here's something that's interesting.
[56:45.720 --> 56:51.720]  When you look at those documents, I can tell you right now off the top of my head that
[56:51.720 --> 56:58.720]  when I look at the documents that FRAPPY, DAPPY, and MAPPY do, and it says prepared by
[56:58.720 --> 57:00.720]  FRAPPY, DAPPY, and MAPPY.
[57:00.720 --> 57:05.720]  Wasn't recorded, returned to.
[57:05.720 --> 57:12.720]  So that's telling me that when you're saying that it's going to be title company, it's
[57:12.720 --> 57:20.720]  going to another company, and then going to the recorder.
[57:20.720 --> 57:25.720]  Is there ever an original that was recorded?
[57:25.720 --> 57:29.720]  It was a copy of a copy of a copy.
[57:29.720 --> 57:40.720]  As I looked at it, the only issue that was relevant, did someone put an original in the
[57:40.720 --> 57:43.720]  hand of the clerk?
[57:43.720 --> 57:46.720]  I'll throw a spin on this.
[57:46.720 --> 57:52.720]  I had a judge tell me, I was asking where is the original, and the judge told me that
[57:52.720 --> 57:58.720]  the original, the absolute wedding original document was down there on Airport Drive
[57:58.720 --> 58:01.720]  in the possession of the county recorder.
[58:01.720 --> 58:03.720]  Wrong.
[58:03.720 --> 58:07.720]  That's the way we would like it to be.
[58:07.720 --> 58:09.720]  Correct.
[58:09.720 --> 58:18.720]  So when you said 15 USC 7003 does not pertain to Article 3 or Article 9, and she just says,
[58:18.720 --> 58:21.720]  oh, of course, I agree with you.
[58:21.720 --> 58:24.720]  I'm going to change the records.
[58:24.720 --> 58:27.720]  Well, she wasn't the elected clerk.
[58:27.720 --> 58:29.720]  I hadn't got to the elected clerk yet.
[58:29.720 --> 58:34.720]  When I get to the elected clerk, she's going to get apoplexy.
[58:34.720 --> 58:39.720]  Okay, this is Randy Kelton, Devin Stevens, Joe Esquivel, wheel of our radio.
[58:39.720 --> 58:40.720]  Sharon, I see you there.
[58:40.720 --> 58:42.720]  We'll pick you up on the other side.
[58:42.720 --> 58:46.720]  I'll call it number 512-646-1984.
[58:46.720 --> 58:49.720]  We'll be right back.
[58:49.720 --> 58:53.720]  Would you like to make more definite progress in your walk with God?
[58:53.720 --> 59:00.720]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
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[59:05.720 --> 59:10.720]  It's an accurate translation, and it contains thousands of footnotes that will help you to know God
[59:10.720 --> 59:12.720]  and to know the meaning of life.
[59:12.720 --> 59:17.720]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.720 --> 59:23.720]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:23.720 --> 59:27.720]  growing in Christ, and how to build up the Church.
[59:27.720 --> 59:33.720]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.720 --> 59:40.720]  call Bibles for America toll-free at 888-551-0102.
[59:40.720 --> 59:44.720]  That's 888-551-0102.
[59:44.720 --> 59:59.720]  Or visit us online at bfa.org.
[59:59.720 --> 01:00:08.720]  This is the Liberty Beat, your daily source for Liberty news and activist updates,
[01:00:08.720 --> 01:00:11.720]  online at thelibertybeat.com.
[01:00:11.720 --> 01:00:16.720]  I'm Brian Hagan with your Liberty Beat for Friday, November 1, 2013.
[01:00:16.720 --> 01:00:27.720]  Gold opened today at $1,313, silver at $21.85, and bitcoin is trading at $203.54.
[01:00:27.720 --> 01:00:31.720]  Support for the Liberty Beat comes from Brave New Books,
[01:00:31.720 --> 01:00:37.720]  your local source for One World Way, Tangy Tangerine 2.0, and Clearly Filtered,
[01:00:37.720 --> 01:00:43.720]  in Austin at 1904 Guadalupe Street, and online at bravenewbookstore.com.
[01:00:43.720 --> 01:00:46.720]  Support also comes from Austin Animal Clinic,
[01:00:46.720 --> 01:00:49.720]  celebrating their 59th year of quality, compassionate pet care,
[01:00:49.720 --> 01:00:52.720]  in Austin at 4330 North Lamar Boulevard,
[01:00:52.720 --> 01:01:01.720]  by phone at 512-453-6686, and online at austinanimalclinicinc.com.
[01:01:01.720 --> 01:01:05.720]  And now, today in the news, United States Secretary of State John Kerry
[01:01:05.720 --> 01:01:10.720]  admits that the federal government's espionage program has gone too far.
[01:01:10.720 --> 01:01:14.720]  According to The Guardian, his remarks came during a video conference
[01:01:14.720 --> 01:01:16.720]  to London yesterday.
[01:01:16.720 --> 01:01:20.720]  Kerry, who says the spying program was on automatic pilot,
[01:01:20.720 --> 01:01:28.720]  says some of the actions went too far and promised they won't happen again.
[01:01:28.720 --> 01:01:32.720]  Meanwhile, in related news, NSA whistleblower Edward Snowden will testify
[01:01:32.720 --> 01:01:35.720]  regarding the tapping of the German Chancellor's phone.
[01:01:35.720 --> 01:01:39.720]  The Daily Mail reports that Snowden has informed German officials
[01:01:39.720 --> 01:01:44.720]  he is prepared to offer the testimony at a possible future public inquiry.
[01:01:44.720 --> 01:01:48.720]  Prosecutors have hinted they are prepared to defy an American extradition request,
[01:01:48.720 --> 01:01:54.720]  clearing the way for Snowden to travel to Germany.
[01:01:54.720 --> 01:01:58.720]  While food stamp cuts begin today, that happens as an increase in funding,
[01:01:58.720 --> 01:02:01.720]  approved during the recession era, expires,
[01:02:01.720 --> 01:02:05.720]  leaving 48 million Americans with less funding from the SNAP program.
[01:02:05.720 --> 01:02:10.720]  The 13.6 percent cut means a near $36 monthly reduction.
[01:02:10.720 --> 01:02:13.720]  The Associated Press reports that costs for the program have increased
[01:02:13.720 --> 01:02:17.720]  more than 358 percent since 2000.
[01:02:17.720 --> 01:02:21.720]  Now, the Cato Institute says a lack of eligibility requirements
[01:02:21.720 --> 01:02:23.720]  have led to that jump.
[01:02:23.720 --> 01:02:26.720]  Support for the Liberty Beam comes from Cabo Bops.
[01:02:26.720 --> 01:02:29.720]  Check out their new location at 29th and Rio Grande
[01:02:29.720 --> 01:02:31.720]  out of Lupe and Lamar.
[01:02:31.720 --> 01:02:37.720]  Give them a call, 512-432-1111, or online at cabobops.com.
[01:02:37.720 --> 01:02:41.720]  Support also comes from Central Texas Gun Works, CHL courses,
[01:02:41.720 --> 01:02:44.720]  self-defense training, and firearm sales.
[01:02:44.720 --> 01:02:49.720]  Online at centraltexasgunworks.com.
[01:02:49.720 --> 01:02:54.720]  This is the Liberty Beam for Friday, November 1, 2013.
[01:02:54.720 --> 01:02:59.720]  Be sure to check out the website at thelibertybeam.com.
[01:02:59.720 --> 01:03:25.720]  We'll be right back.
[01:03:25.720 --> 01:03:40.720]  Okay, we are back.
[01:03:40.720 --> 01:03:43.720]  Randy Kelton, Joe Esquivel with our radio.
[01:03:43.720 --> 01:03:47.720]  We are going to go to Sharon in California.
[01:03:47.720 --> 01:03:51.720]  But before I do that, I did want to remind everybody
[01:03:51.720 --> 01:03:57.720]  to go to Buggles Radio Network and look at our sponsors.
[01:03:57.720 --> 01:04:02.720]  If you're looking to make a purchase that's represented
[01:04:02.720 --> 01:04:06.720]  by one of our sponsors, we would appreciate if you would use them.
[01:04:06.720 --> 01:04:10.720]  We are having some issues.
[01:04:10.720 --> 01:04:13.720]  It's going to be rather costly to us here pretty soon.
[01:04:13.720 --> 01:04:15.720]  And we could use a little bit of help.
[01:04:15.720 --> 01:04:19.720]  We're really struggling right now to keep everything on the air
[01:04:19.720 --> 01:04:23.720]  because of some issues that have came up.
[01:04:23.720 --> 01:04:25.720]  So we can use all the help we can get.
[01:04:25.720 --> 01:04:29.720]  Okay, we're going to go to Sharon in California.
[01:04:29.720 --> 01:04:31.720]  Hello, Ms. Sharon.
[01:04:31.720 --> 01:04:33.720]  What do you have for us tonight?
[01:04:33.720 --> 01:04:39.720]  Well, I was going to talk about the Civil Code in California,
[01:04:39.720 --> 01:04:41.720]  but since you were talking about the counter-recorders office,
[01:04:41.720 --> 01:04:45.720]  I went down there yesterday because I have a substitution of trustee
[01:04:45.720 --> 01:04:47.720]  that doesn't come up under my name.
[01:04:47.720 --> 01:04:51.720]  And the only reason I know about it is because I'm in litigation
[01:04:51.720 --> 01:04:55.720]  with Wells Fargo, and they had mentioned in their discovery
[01:04:55.720 --> 01:04:57.720]  that there was a substitution of trustee.
[01:04:57.720 --> 01:05:00.720]  So I went down to the counter-recorders office
[01:05:00.720 --> 01:05:03.720]  and tried to find it down there,
[01:05:03.720 --> 01:05:06.720]  and it would never come up under my name or my husband's name.
[01:05:06.720 --> 01:05:08.720]  So I went up to the counter and asked the lady.
[01:05:08.720 --> 01:05:12.720]  I said, is everything that's recorded for me
[01:05:12.720 --> 01:05:14.720]  should be coming up under my name?
[01:05:14.720 --> 01:05:15.720]  She goes, yes.
[01:05:15.720 --> 01:05:18.720]  So I said, why?
[01:05:18.720 --> 01:05:21.720]  Did you have her do a search?
[01:05:21.720 --> 01:05:23.720]  Yes, she did a search.
[01:05:23.720 --> 01:05:25.720]  Do you have a copy of that search?
[01:05:25.720 --> 01:05:28.720]  Well, the thing is that I wanted to find out why,
[01:05:28.720 --> 01:05:31.720]  because she was, you know, she goes, oh, I don't know.
[01:05:31.720 --> 01:05:35.720]  So I showed her the substitute of trustee,
[01:05:35.720 --> 01:05:38.720]  because I wanted to know what the deal was,
[01:05:38.720 --> 01:05:40.720]  because she was being very vague,
[01:05:40.720 --> 01:05:44.720]  and I wanted to know for sure if everything was supposed to be under my name.
[01:05:44.720 --> 01:05:47.720]  And she's like, I don't think she understood what I said,
[01:05:47.720 --> 01:05:49.720]  so I gave her the substitute.
[01:05:49.720 --> 01:05:52.720]  She understood perfectly.
[01:05:52.720 --> 01:05:57.720]  Everything should be under property description.
[01:05:57.720 --> 01:06:00.720]  Were you able to search by property description?
[01:06:00.720 --> 01:06:03.720]  No, in California, you can only do it by name.
[01:06:03.720 --> 01:06:04.720]  Wonderful. Perfect.
[01:06:04.720 --> 01:06:05.720]  Or document.
[01:06:05.720 --> 01:06:07.720]  Here's the deal. Here's the deal.
[01:06:07.720 --> 01:06:09.720]  I have a friend here in Texas.
[01:06:09.720 --> 01:06:13.720]  He got a loan from Chase.
[01:06:13.720 --> 01:06:15.720]  They threatened to foreclose.
[01:06:15.720 --> 01:06:17.720]  I went down and looked in the record.
[01:06:17.720 --> 01:06:21.720]  I found no deed of trust,
[01:06:21.720 --> 01:06:24.720]  so I was looking to sell him a business.
[01:06:24.720 --> 01:06:25.720]  So I sold him a business,
[01:06:25.720 --> 01:06:29.720]  and I took a lead against his property for the value of the business,
[01:06:29.720 --> 01:06:34.720]  which happened to be a little bit more than the claim against the property.
[01:06:34.720 --> 01:06:42.720]  And then it turned out Chase had filed the deed of trust under his wife's name.
[01:06:42.720 --> 01:06:45.720]  Problem.
[01:06:45.720 --> 01:06:47.720]  He owned the property before he got married.
[01:06:47.720 --> 01:06:51.720]  The property was in his name only.
[01:06:51.720 --> 01:06:53.720]  So they're going to come to foreclose,
[01:06:53.720 --> 01:06:56.720]  and I'm going to come in as an intervener
[01:06:56.720 --> 01:07:02.720]  and move to strike their action as I hold a superior claim.
[01:07:02.720 --> 01:07:06.720]  And they're going to say, well, we have a deed of trust filed in the record.
[01:07:06.720 --> 01:07:08.720]  Well, I checked the record,
[01:07:08.720 --> 01:07:10.720]  and I had the clerk check the record
[01:07:10.720 --> 01:07:13.720]  before I took this lien out,
[01:07:13.720 --> 01:07:16.720]  and I found no lien.
[01:07:16.720 --> 01:07:21.720]  I have a right to trust what I see in the record.
[01:07:21.720 --> 01:07:24.720]  And they're going to say, well, the clerk filed it wrong.
[01:07:24.720 --> 01:07:28.720]  Your problem, not my problem.
[01:07:28.720 --> 01:07:34.720]  Didn't you go back and check to make sure the clerk filed it right?
[01:07:34.720 --> 01:07:38.720]  I have a right to trust what I see in the record.
[01:07:38.720 --> 01:07:42.720]  Get the lien in the record.
[01:07:42.720 --> 01:07:45.720]  Well, the thing is, when she brought it up,
[01:07:45.720 --> 01:07:47.720]  then she saw that there was a number out there,
[01:07:47.720 --> 01:07:48.720]  so she brought it up.
[01:07:48.720 --> 01:07:50.720]  You can't bring it up by the number if you have the number.
[01:07:50.720 --> 01:07:52.720]  See, I never had the number before.
[01:07:52.720 --> 01:07:53.720]  Who cares?
[01:07:53.720 --> 01:07:54.720]  Who cares?
[01:07:54.720 --> 01:07:55.720]  I know, but...
[01:07:55.720 --> 01:07:56.720]  This is...
[01:07:56.720 --> 01:07:57.720]  Well...
[01:07:57.720 --> 01:07:58.720]  I don't...
[01:07:58.720 --> 01:07:59.720]  You know, I'm not psychic.
[01:07:59.720 --> 01:08:03.720]  I'm not required to know every record that's in your database.
[01:08:03.720 --> 01:08:05.720]  Well, I was just afraid...
[01:08:05.720 --> 01:08:07.720]  I was going to come back and say, I have it here.
[01:08:07.720 --> 01:08:08.720]  I have the document.
[01:08:08.720 --> 01:08:10.720]  It doesn't matter if it was filed wrong.
[01:08:10.720 --> 01:08:12.720]  So what I found out is it was...
[01:08:12.720 --> 01:08:15.720]  Yes, it does matter if it was filed wrong.
[01:08:15.720 --> 01:08:20.720]  It absolutely matters if it was filed wrong.
[01:08:20.720 --> 01:08:23.720]  You have a corresponding statute.
[01:08:23.720 --> 01:08:27.720]  I don't know what it is right now, but I've had somebody read it to me.
[01:08:27.720 --> 01:08:39.720]  It says, a claim not acknowledged or proven and properly filed in the public record
[01:08:39.720 --> 01:08:43.720]  is void as to the holder.
[01:08:43.720 --> 01:08:46.720]  That's right up there at the front.
[01:08:46.720 --> 01:08:49.720]  If that statute is not in there,
[01:08:49.720 --> 01:08:56.720]  the county recorder's office is of no value whatsoever.
[01:08:56.720 --> 01:08:58.720]  So are they able to...
[01:08:58.720 --> 01:09:01.720]  You have that in California.
[01:09:01.720 --> 01:09:10.720]  If it is not properly filed, if you can't find it, it's not public.
[01:09:10.720 --> 01:09:17.720]  So I suggest to you is you get a lien filed in that record.
[01:09:17.720 --> 01:09:24.720]  So when they try to foreclose, then you have the lien holder come in and say, hold on here.
[01:09:24.720 --> 01:09:26.720]  They don't have a claim against this property.
[01:09:26.720 --> 01:09:27.720]  I do.
[01:09:27.720 --> 01:09:30.720]  And everybody's like, oh, we got a claim over here, blah, blah, blah.
[01:09:30.720 --> 01:09:32.720]  Well, you know, I looked in the record.
[01:09:32.720 --> 01:09:35.720]  I didn't find it.
[01:09:35.720 --> 01:09:37.720]  I have a claim against the property.
[01:09:37.720 --> 01:09:40.720]  This guy's claiming authority to assert a claim.
[01:09:40.720 --> 01:09:43.720]  I don't see him in my record.
[01:09:43.720 --> 01:09:46.720]  This gives them a hurdle they have to get over.
[01:09:46.720 --> 01:09:49.720]  Well, the county recorder goes, oh, we're going to fix that.
[01:09:49.720 --> 01:09:50.720]  That's wrong.
[01:09:50.720 --> 01:09:51.720]  It should have been on a year ago.
[01:09:51.720 --> 01:09:52.720]  Can't fix it.
[01:09:52.720 --> 01:09:54.720]  You can't fix it?
[01:09:54.720 --> 01:09:57.720]  Can't fix it.
[01:09:57.720 --> 01:10:04.720]  You really needed a copy of the search.
[01:10:04.720 --> 01:10:05.720]  You did the search yesterday?
[01:10:05.720 --> 01:10:07.720]  Yes.
[01:10:07.720 --> 01:10:10.720]  Go down there Monday.
[01:10:10.720 --> 01:10:12.720]  Do the search again.
[01:10:12.720 --> 01:10:15.720]  Get a copy of the search that you did.
[01:10:15.720 --> 01:10:17.720]  Okay.
[01:10:17.720 --> 01:10:18.720]  Do a search of your name.
[01:10:18.720 --> 01:10:20.720]  Do a search of your husband's name.
[01:10:20.720 --> 01:10:22.720]  Get a copy of both of those.
[01:10:22.720 --> 01:10:26.720]  Subsequent to that, they can do anything they want to.
[01:10:26.720 --> 01:10:27.720]  Okay.
[01:10:27.720 --> 01:10:30.720]  Because yours will have a date on it.
[01:10:30.720 --> 01:10:31.720]  Yep.
[01:10:31.720 --> 01:10:32.720]  Yep.
[01:10:32.720 --> 01:10:39.720]  And it would have to be properly filed before the substitute trustee would have standing to take an action.
[01:10:39.720 --> 01:10:43.720]  What is the condition of your mortgage?
[01:10:43.720 --> 01:10:47.720]  Well, actually, they foreclosed, but we have it on.
[01:10:47.720 --> 01:10:49.720]  Everything's in appeals now.
[01:10:49.720 --> 01:10:50.720]  Okay.
[01:10:50.720 --> 01:10:51.720]  Okay.
[01:10:51.720 --> 01:10:52.720]  That's where I was going.
[01:10:52.720 --> 01:11:01.720]  This gets a claim against them because if the substitute trustee, the appointment substitute
[01:11:01.720 --> 01:11:06.720]  trustee is not properly filed, and I'm going to go to Joe here in a second on properly
[01:11:06.720 --> 01:11:12.720]  filed, then the substitute trustee has no authority to act.
[01:11:12.720 --> 01:11:19.720]  And I would suggest you file suit against the substitute trustee for three times the
[01:11:19.720 --> 01:11:24.720]  value of your property for acting without authority.
[01:11:24.720 --> 01:11:26.720]  Joe, you want to...
[01:11:26.720 --> 01:11:28.720]  I've got a question.
[01:11:28.720 --> 01:11:34.720]  Was the document that was filed eligible to be recorded?
[01:11:34.720 --> 01:11:36.720]  What?
[01:11:36.720 --> 01:11:38.720]  What does that mean?
[01:11:38.720 --> 01:11:43.720]  Well, if the document was not a correct document by the correct parties, then it was not
[01:11:43.720 --> 01:11:45.720]  eligible for recording.
[01:11:45.720 --> 01:11:49.720]  Well, that's the other thing we're trying to find out is from...
[01:11:49.720 --> 01:11:50.720]  I called last week about it.
[01:11:50.720 --> 01:11:55.720]  This is from Wells Fargo, and it was a loan gesture that did the substitute of trustee.
[01:11:55.720 --> 01:11:56.720]  Okay.
[01:11:56.720 --> 01:11:57.720]  Okay.
[01:11:57.720 --> 01:11:58.720]  Hold on.
[01:11:58.720 --> 01:11:59.720]  Hold on.
[01:11:59.720 --> 01:12:00.720]  Hold on.
[01:12:00.720 --> 01:12:01.720]  Let's back up.
[01:12:01.720 --> 01:12:03.720]  Whose name was on the deed of trust as the lender?
[01:12:03.720 --> 01:12:11.720]  The lender was...well, the lender was Wells Fargo.
[01:12:11.720 --> 01:12:16.720]  And who...
[01:12:16.720 --> 01:12:19.720]  Your loan is a GSE, correct?
[01:12:19.720 --> 01:12:22.720]  Is your loan with Ginnie Mae, Fannie Mae, or Freddie Mac?
[01:12:22.720 --> 01:12:23.720]  No.
[01:12:23.720 --> 01:12:24.720]  No.
[01:12:24.720 --> 01:12:27.720]  This is a business loan.
[01:12:27.720 --> 01:12:28.720]  Oh.
[01:12:28.720 --> 01:12:29.720]  Business loan.
[01:12:29.720 --> 01:12:33.720]  But it says American Securities Company was the original trustee.
[01:12:33.720 --> 01:12:34.720]  Okay.
[01:12:34.720 --> 01:12:44.720]  And Wells Fargo was the original lender, and Wells Fargo filed the appointment of substitute
[01:12:44.720 --> 01:12:45.720]  trustee.
[01:12:45.720 --> 01:12:46.720]  Correct.
[01:12:46.720 --> 01:12:52.720]  Was the substitute trustee an employee of Wells Fargo or a law firm representing Wells
[01:12:52.720 --> 01:12:53.720]  Fargo?
[01:12:53.720 --> 01:12:56.720]  It was an employee of Wells Fargo.
[01:12:56.720 --> 01:13:02.720]  Then you can challenge the trustee as biased and prejudiced.
[01:13:02.720 --> 01:13:08.720]  It's not a proper trustee, but that's a hard argument to make.
[01:13:08.720 --> 01:13:11.720]  You don't have the separation that you need.
[01:13:11.720 --> 01:13:14.720]  She doesn't have an attorney in fact.
[01:13:14.720 --> 01:13:21.720]  I mean, her name is signed and there's nothing under it that says what her authority is.
[01:13:21.720 --> 01:13:25.720]  Most of them say attorney in fact or whatever they say or vice president.
[01:13:25.720 --> 01:13:29.720]  I could not find that in California law.
[01:13:29.720 --> 01:13:30.720]  Okay.
[01:13:30.720 --> 01:13:34.720]  I'm sure it has to be there somewhere about power of attorney.
[01:13:34.720 --> 01:13:37.720]  Joe, are you familiar with that?
[01:13:37.720 --> 01:13:41.720]  Well, one, all right, so this is a commercial loan.
[01:13:41.720 --> 01:13:42.720]  Right.
[01:13:42.720 --> 01:13:46.720]  However, it's secured by personal property?
[01:13:46.720 --> 01:13:47.720]  Yes.
[01:13:47.720 --> 01:13:48.720]  Okay.
[01:13:48.720 --> 01:13:56.720]  And there's nothing filed in the public record as far as any assignments or anything?
[01:13:56.720 --> 01:13:57.720]  No.
[01:13:57.720 --> 01:13:58.720]  No assignments or anything.
[01:13:58.720 --> 01:14:04.720]  No, they said it's never securitized or they said they'd have it from now, from the beginning
[01:14:04.720 --> 01:14:05.720]  to now.
[01:14:05.720 --> 01:14:06.720]  That's what they're telling me.
[01:14:06.720 --> 01:14:07.720]  All right.
[01:14:07.720 --> 01:14:12.720]  Well, on some of the commercial loans, that is true.
[01:14:12.720 --> 01:14:13.720]  That is true.
[01:14:13.720 --> 01:14:21.720]  And I mean, I would have to look it up using ABS net or some other database to see if it
[01:14:21.720 --> 01:14:25.720]  could be located or check on Bloomberg if it's commercial loan.
[01:14:25.720 --> 01:14:32.720]  Well, but we had a securitized report done on it and they said it may be securitized
[01:14:32.720 --> 01:14:36.720]  and they said HSB could be the node holder.
[01:14:36.720 --> 01:14:39.720]  But they didn't tell you yes or no.
[01:14:39.720 --> 01:14:44.720]  But Wells Fargo has denied it up and down and HSB, of course, is denying up and down
[01:14:44.720 --> 01:14:46.720]  and my report just says maybe.
[01:14:46.720 --> 01:14:48.720]  So we never really got to know.
[01:14:48.720 --> 01:14:49.720]  Maybe doesn't cut it.
[01:14:49.720 --> 01:14:50.720]  Yeah, exactly.
[01:14:50.720 --> 01:14:58.720]  Yeah, we'd have to do a search on NC.
[01:14:58.720 --> 01:15:02.720]  It's funny how maybe and maybe not mean exactly the same thing.
[01:15:02.720 --> 01:15:03.720]  Right.
[01:15:03.720 --> 01:15:11.720]  I'd have to do a search in an actual in order to give you a yes or no.
[01:15:11.720 --> 01:15:16.720]  And what do you use to do the search with, the deed of trust?
[01:15:16.720 --> 01:15:17.720]  No.
[01:15:17.720 --> 01:15:21.720]  I would need the note and the deed of trust both.
[01:15:21.720 --> 01:15:22.720]  Okay.
[01:15:22.720 --> 01:15:26.720]  And yeah, because right now the only way you're going to be able to search a commercial loan
[01:15:26.720 --> 01:15:28.720]  is using Bloomberg.
[01:15:28.720 --> 01:15:29.720]  Yeah.
[01:15:29.720 --> 01:15:31.720]  That's the only way you're going to get it right now.
[01:15:31.720 --> 01:15:36.720]  Either that or I have other sources.
[01:15:36.720 --> 01:15:43.720]  But a large number of times what I have found is that on certain commercial properties,
[01:15:43.720 --> 01:15:45.720]  they are not securitized.
[01:15:45.720 --> 01:15:49.720]  It's a 50-50 shot.
[01:15:49.720 --> 01:15:53.720]  How old is the note?
[01:15:53.720 --> 01:15:57.720]  2006.
[01:15:57.720 --> 01:16:03.720]  Okay, that old good chance they did because in those days they were securitizing everything
[01:16:03.720 --> 01:16:07.720]  they could get their hands on.
[01:16:07.720 --> 01:16:10.720]  So that would be worth a very close check.
[01:16:10.720 --> 01:16:11.720]  Yeah.
[01:16:11.720 --> 01:16:16.720]  Well, when we used to talk to one of the loan adjusters, she'd always tell my husband that
[01:16:16.720 --> 01:16:20.720]  because we were trying to get loan modification, she goes, well, you know, the investors have
[01:16:20.720 --> 01:16:21.720]  to get paid.
[01:16:21.720 --> 01:16:23.720]  She kept telling my husband, the investors have to get paid.
[01:16:23.720 --> 01:16:27.720]  So that's why we thought that it was securitized.
[01:16:27.720 --> 01:16:29.720]  Yeah, it could be in the CNBS.
[01:16:29.720 --> 01:16:33.720]  Again, you don't know unless a proper search is done.
[01:16:33.720 --> 01:16:37.720]  Yeah.
[01:16:37.720 --> 01:16:38.720]  Okay, hang on.
[01:16:38.720 --> 01:16:40.720]  We're about to go to break.
[01:16:40.720 --> 01:16:46.720]  This is Randy Kelton, Joe Esquivel, Deborah Stevens with Radio.
[01:16:46.720 --> 01:16:50.720]  Our caller number is 512-646-1984.
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[01:19:46.720 --> 01:20:15.720]  Okay.
[01:20:15.720 --> 01:20:16.720]  We are back.
[01:20:16.720 --> 01:20:18.720]  Randy Kelton and Joe Escobel.
[01:20:18.720 --> 01:20:19.720]  We love radio.
[01:20:19.720 --> 01:20:24.720]  And we're talking to Sharon in California.
[01:20:24.720 --> 01:20:31.720]  Sharon, commercial notes is not something I've only done one that I'm not terribly familiar
[01:20:31.720 --> 01:20:32.720]  with.
[01:20:32.720 --> 01:20:37.720]  I mean, Joe, you're more familiar.
[01:20:37.720 --> 01:20:38.720]  Yeah.
[01:20:38.720 --> 01:20:43.720]  What claims would, what would be her best approach now that if a foreclosure is taking
[01:20:43.720 --> 01:20:48.720]  place, she wants to go back and, and, you know, what in Texas would be a trespass to
[01:20:48.720 --> 01:20:53.720]  try title, but you want to go back and challenge the foreclosure.
[01:20:53.720 --> 01:20:55.720]  How would you do that in a commercial?
[01:20:55.720 --> 01:20:59.720]  Well, one, I have, I would have to find out, has it been securitized?
[01:20:59.720 --> 01:21:03.720]  Yes or no.
[01:21:03.720 --> 01:21:04.720]  That's what you need to find out.
[01:21:04.720 --> 01:21:07.720]  If it has not, then.
[01:21:07.720 --> 01:21:12.720]  If it has not, she really does not have a leg to stand on as far as if they hold the
[01:21:12.720 --> 01:21:17.720]  entire mortgage loan instrument, being the tangible promissory note, the deed of trust
[01:21:17.720 --> 01:21:22.720]  and the payment and tangible obligation, because now holding all three parts, they are
[01:21:22.720 --> 01:21:30.720]  holder in due course and they are Pete, person entitled to enforce.
[01:21:30.720 --> 01:21:34.720]  So primarily we're going to have to find that.
[01:21:34.720 --> 01:21:35.720]  Correct.
[01:21:35.720 --> 01:21:39.720]  Securitize the note.
[01:21:39.720 --> 01:21:40.720]  Sharon, have you got that?
[01:21:40.720 --> 01:21:42.720]  Yeah, I got that.
[01:21:42.720 --> 01:21:43.720]  Yeah.
[01:21:43.720 --> 01:21:46.720]  Is it what you wanted to hear?
[01:21:46.720 --> 01:21:49.720]  Well, I haven't wanted to know if it's securitized or not.
[01:21:49.720 --> 01:21:54.720]  It just says maybe, I know it's not cutting it, it didn't cut it on the litigation.
[01:21:54.720 --> 01:21:55.720]  That was for sure.
[01:21:55.720 --> 01:21:59.720]  I mean, Wells Fargo came back and slammed it really hard and said, you know, maybe it
[01:21:59.720 --> 01:22:00.720]  doesn't cut it.
[01:22:00.720 --> 01:22:02.720]  And I pretty much agree with that.
[01:22:02.720 --> 01:22:08.720]  I need to know, but I was trying to get a lot of it in discovery, which by that time
[01:22:08.720 --> 01:22:10.720]  my attorney quit.
[01:22:10.720 --> 01:22:12.720]  So I was pretty much on my own.
[01:22:12.720 --> 01:22:14.720]  So discovery wasn't...
[01:22:14.720 --> 01:22:15.720]  Wait a minute.
[01:22:15.720 --> 01:22:16.720]  Hold on.
[01:22:16.720 --> 01:22:17.720]  Your attorney quit.
[01:22:17.720 --> 01:22:19.720]  Why did your attorney quit?
[01:22:19.720 --> 01:22:28.720]  Well, when he got to the, when the Wells Fargo said they were going to foreclose, the attorney
[01:22:28.720 --> 01:22:31.720]  goes, well, I guess you don't want to pursue the case anymore.
[01:22:31.720 --> 01:22:34.720]  And it's like, no, I do.
[01:22:34.720 --> 01:22:38.720]  And he, you know, he wasn't doing anything.
[01:22:38.720 --> 01:22:39.720]  He was just charging me a lot of money.
[01:22:39.720 --> 01:22:41.720]  So it's like, he wanted out.
[01:22:41.720 --> 01:22:42.720]  He wasn't doing anything.
[01:22:42.720 --> 01:22:45.720]  So he pretty much...
[01:22:45.720 --> 01:22:46.720]  Okay.
[01:22:46.720 --> 01:22:48.720]  Did you let him out?
[01:22:48.720 --> 01:22:49.720]  Yeah, I let him out.
[01:22:49.720 --> 01:22:50.720]  Or did he?
[01:22:50.720 --> 01:22:51.720]  Oh, okay.
[01:22:51.720 --> 01:22:52.720]  Yeah.
[01:22:52.720 --> 01:22:53.720]  He wasn't doing what I asked him to do.
[01:22:53.720 --> 01:22:55.720]  So it's like, I don't, you know...
[01:22:55.720 --> 01:23:01.720]  If he didn't adequately adjudicate your case, you didn't go back and sue the attorney for
[01:23:01.720 --> 01:23:03.720]  your loss in the foreclosures.
[01:23:03.720 --> 01:23:13.720]  If you can show that the information was available to win the case, like if you get Joe to do
[01:23:13.720 --> 01:23:21.720]  the analysis or the chain of title and he finds that it was securitized, your lawyer
[01:23:21.720 --> 01:23:22.720]  should have known that.
[01:23:22.720 --> 01:23:24.720]  He should have checked that.
[01:23:24.720 --> 01:23:32.720]  So you can sue the lawyer for malpractice for whatever you lose, you would lose in the
[01:23:32.720 --> 01:23:38.720]  foreclosure and you sue the lawyer for it.
[01:23:38.720 --> 01:23:41.720]  It's a problem they have when they don't do the job right.
[01:23:41.720 --> 01:23:42.720]  Yeah.
[01:23:42.720 --> 01:23:43.720]  Yeah.
[01:23:43.720 --> 01:23:45.720]  This is what lawyers do.
[01:23:45.720 --> 01:23:47.720]  They look for deep pockets.
[01:23:47.720 --> 01:23:48.720]  Yeah.
[01:23:48.720 --> 01:23:49.720]  Whose pocket can I get into?
[01:23:49.720 --> 01:23:50.720]  Yeah.
[01:23:50.720 --> 01:23:51.720]  So you do the same thing.
[01:23:51.720 --> 01:23:52.720]  Whose pocket can I get into?
[01:23:52.720 --> 01:23:54.720]  This is how you got into your pocket.
[01:23:54.720 --> 01:23:57.720]  You go back and get in his pocket.
[01:23:57.720 --> 01:23:58.720]  Yeah.
[01:23:58.720 --> 01:23:59.720]  Okay.
[01:23:59.720 --> 01:24:05.720]  Do you have any other questions that we can answer for you?
[01:24:05.720 --> 01:24:06.720]  Yeah.
[01:24:06.720 --> 01:24:10.720]  I was just wondering, and in California, which is a non-judicial foreclosure, we have the
[01:24:10.720 --> 01:24:21.720]  civil codes here, which is section 2924 through 2924K, which says the person that is foreclosing
[01:24:21.720 --> 01:24:26.720]  does not have to have the possession of the note to initiate foreclosure.
[01:24:26.720 --> 01:24:31.720]  And I see all the time that these litigations goes on where they always ask to produce the
[01:24:31.720 --> 01:24:32.720]  note.
[01:24:32.720 --> 01:24:39.720]  Well, in California, I've seen case after case being loosed on that same line asking
[01:24:39.720 --> 01:24:43.720]  to see the note, which they don't have to produce it in California because they don't
[01:24:43.720 --> 01:24:45.720]  have to initiate foreclosure.
[01:24:45.720 --> 01:24:48.720]  You don't have to have possession of that note.
[01:24:48.720 --> 01:24:50.720]  They don't have to in any state.
[01:24:50.720 --> 01:24:51.720]  You're not arguing possession.
[01:24:51.720 --> 01:24:53.720]  You're arguing rights.
[01:24:53.720 --> 01:24:56.720]  Did you acquire the right to foreclose?
[01:24:56.720 --> 01:24:57.720]  Yes or no?
[01:24:57.720 --> 01:24:58.720]  Right, right.
[01:24:58.720 --> 01:25:03.720]  And in California, you're going to go to California Civil Code 3203D, right?
[01:25:03.720 --> 01:25:09.720]  3203A defines as to how rights are acquired.
[01:25:09.720 --> 01:25:15.720]  And then BC and D restrict how rights are acquired.
[01:25:15.720 --> 01:25:23.720]  So, rights are acquired through transfer and negotiation delivery of the mortgage loan
[01:25:23.720 --> 01:25:24.720]  instrument.
[01:25:24.720 --> 01:25:30.720]  So, that is the only statute that pertains to acquiring rights, period.
[01:25:30.720 --> 01:25:39.720]  The question for you becomes, was my loan securitized into a CMBS, yes or no?
[01:25:39.720 --> 01:25:46.720]  Once you have that answer, then you can proceed in whatever direction you need to.
[01:25:46.720 --> 01:25:49.720]  But that's a million dollar question that you have to find out.
[01:25:49.720 --> 01:25:51.720]  Was my loan securitized?
[01:25:51.720 --> 01:25:54.720]  Is it in a CMBS?
[01:25:54.720 --> 01:25:55.720]  Okay.
[01:25:55.720 --> 01:26:03.720]  Did you have the right to receive the benefit of the payments?
[01:26:03.720 --> 01:26:06.720]  Or did you sell that right to somebody else?
[01:26:06.720 --> 01:26:12.720]  Because if you sold that right to somebody else, just because you're holding the note
[01:26:12.720 --> 01:26:18.720]  doesn't mean you have standing to invoke subject matter jurisdiction of the court
[01:26:18.720 --> 01:26:20.720]  because you can't be harmed.
[01:26:20.720 --> 01:26:23.720]  You have only a partial interest, you're right.
[01:26:23.720 --> 01:26:27.720]  In order for you to invoke the subject matter jurisdiction of the court, you have to bring
[01:26:27.720 --> 01:26:30.720]  a bona fide controversy.
[01:26:30.720 --> 01:26:36.720]  And the only one who can bring a bona fide controversy would possibly be the one who
[01:26:36.720 --> 01:26:40.720]  had a right to collect the beneficial interest.
[01:26:40.720 --> 01:26:48.720]  However, if there was no proper assignment of the claim to that person, they don't have
[01:26:48.720 --> 01:26:54.720]  the right to invoke the subject matter jurisdiction of the court either.
[01:26:54.720 --> 01:26:56.720]  Does that make sense, Sharon?
[01:26:56.720 --> 01:26:58.720]  Yes, yeah.
[01:26:58.720 --> 01:27:00.720]  It's about rights.
[01:27:00.720 --> 01:27:05.720]  And if you sold your rights to somebody else, you can't come to the court and try to enforce
[01:27:05.720 --> 01:27:10.720]  those rights you don't hold anymore, even if you do hold the note.
[01:27:10.720 --> 01:27:13.720]  So that's less than the entire instrument.
[01:27:13.720 --> 01:27:16.720]  Okay, what code did you say that was again?
[01:27:16.720 --> 01:27:19.720]  That's underneath, for California?
[01:27:19.720 --> 01:27:20.720]  Yeah.
[01:27:20.720 --> 01:27:24.720]  All right, that's under, one second.
[01:27:24.720 --> 01:27:30.720]  Okay, California commercial code 3203, Diaz and Dog.
[01:27:30.720 --> 01:27:33.720]  Under commercial code?
[01:27:33.720 --> 01:27:34.720]  Correct.
[01:27:34.720 --> 01:27:36.720]  But they don't go under the commercial code here.
[01:27:36.720 --> 01:27:38.720]  When you talk to them about commercial code...
[01:27:38.720 --> 01:27:39.720]  Okay.
[01:27:39.720 --> 01:27:40.720]  Yes, he did.
[01:27:40.720 --> 01:27:45.720]  Every state has adopted the entire UCC, yeah.
[01:27:45.720 --> 01:27:54.720]  So for California, California's codified code falls under California commercial code 3203.
[01:27:54.720 --> 01:27:56.720]  I mean, I've gone through Westlaw.
[01:27:56.720 --> 01:27:57.720]  I've pulled up all 50 states.
[01:27:57.720 --> 01:28:02.720]  This is the correct code for you to use for doing transactions.
[01:28:02.720 --> 01:28:07.720]  Okay, you're talking about they don't use commercial code in foreclosure.
[01:28:07.720 --> 01:28:09.720]  Well, foreclosure is a special issue.
[01:28:09.720 --> 01:28:10.720]  Right.
[01:28:10.720 --> 01:28:20.720]  Foreclosure is the act of adjudicating tenets of a contract or covenants of a contract.
[01:28:20.720 --> 01:28:24.720]  Commercial code is contract law.
[01:28:24.720 --> 01:28:28.720]  So before they can get to enforcing the contract,
[01:28:28.720 --> 01:28:34.720]  they have to go back to the law that establishes the contract.
[01:28:34.720 --> 01:28:38.720]  So nobody's been making those arguments.
[01:28:38.720 --> 01:28:42.720]  Right, because everyone says that you have this contract.
[01:28:42.720 --> 01:28:45.720]  You have the contract, like the deed of trust is your contract.
[01:28:45.720 --> 01:28:46.720]  My contract is...
[01:28:46.720 --> 01:28:47.720]  It's an alternative contract.
[01:28:47.720 --> 01:28:49.720]  It's what?
[01:28:49.720 --> 01:28:53.720]  Your deed of trust is an alternative contract.
[01:28:53.720 --> 01:28:54.720]  Right.
[01:28:54.720 --> 01:28:59.720]  All right, with an alternative means of collection, should there be a default?
[01:28:59.720 --> 01:29:02.720]  It's a unilateral contract.
[01:29:02.720 --> 01:29:08.720]  And here's where you go back to the commercial code because it governs the contract.
[01:29:08.720 --> 01:29:14.720]  If they come before the court and they have a valid contract,
[01:29:14.720 --> 01:29:19.720]  wherein they have standing to raise the issue in the contract
[01:29:19.720 --> 01:29:25.720]  and the capacity to enforce the covenants of the contract,
[01:29:25.720 --> 01:29:28.720]  then we talk about foreclosure.
[01:29:28.720 --> 01:29:33.720]  But when they waive the contract, I say, whoa, hold on here.
[01:29:33.720 --> 01:29:39.720]  Are you in compliance with all of the covenants of the contract,
[01:29:39.720 --> 01:29:43.720]  one of which requires that you abide by all law?
[01:29:43.720 --> 01:29:46.720]  So if you've breached a covenant of this contract,
[01:29:46.720 --> 01:29:50.720]  you can come to this court and waive that contract and try to enforce it
[01:29:50.720 --> 01:29:53.720]  because you've already defaulted on it.
[01:29:53.720 --> 01:29:56.720]  First, you'll be right back with Grant D. Kelton, Deborah Stevens,
[01:29:56.720 --> 01:29:59.720]  Wheel of Law Radio, hang on.
[01:29:59.720 --> 01:30:03.720]  Are you one of the millions of Americans affected by a chronic lung disease
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[01:31:22.720 --> 01:31:23.720]  I'm Dr. Catherine Albrecht.
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[01:33:34.720 --> 01:33:37.720]  Okay, we are back.
[01:33:37.720 --> 01:33:41.720]  Randy Kelton, Deborah Stevens, Joe Esquivel, Blah Blah Radio.
[01:33:41.720 --> 01:33:46.720]  And Sharon, I hope whatever you say makes sense.
[01:33:46.720 --> 01:33:50.720]  It's about shifting your focus.
[01:33:50.720 --> 01:33:54.720]  Most people, when they're fighting the foreclosure,
[01:33:54.720 --> 01:33:57.720]  they don't know what they're doing.
[01:33:57.720 --> 01:34:00.720]  They don't know what they're doing.
[01:34:00.720 --> 01:34:04.720]  It's about shifting your focus.
[01:34:04.720 --> 01:34:07.720]  Most people, when they're fighting the foreclosure,
[01:34:07.720 --> 01:34:10.720]  they go into defensive mode.
[01:34:10.720 --> 01:34:15.720]  And the lender does something, they fight what the lender does.
[01:34:15.720 --> 01:34:18.720]  We really need to back up to the beginning.
[01:34:18.720 --> 01:34:22.720]  Back up to contract law 101.
[01:34:22.720 --> 01:34:28.720]  Every contract is going to have a covenant in there
[01:34:28.720 --> 01:34:33.720]  to abide by all state and federal law.
[01:34:33.720 --> 01:34:37.720]  In the Fannie Mae Freddie Mac Uniform Instrument for California,
[01:34:37.720 --> 01:34:41.720]  it will be covenant 16.
[01:34:41.720 --> 01:34:47.720]  And so read that contract carefully.
[01:34:47.720 --> 01:34:51.720]  And then look at what they've done.
[01:34:51.720 --> 01:34:57.720]  Understand what the contract does in a deed of trust.
[01:34:57.720 --> 01:35:02.720]  In a deed of trust, you grant privileges to the lender
[01:35:02.720 --> 01:35:07.720]  in return for him providing you with the funds
[01:35:07.720 --> 01:35:10.720]  to purchase a piece of property.
[01:35:10.720 --> 01:35:14.720]  You give him an agreement to repay all these funds.
[01:35:14.720 --> 01:35:17.720]  That's one part of the contract.
[01:35:17.720 --> 01:35:23.720]  And then in order to secure and ensure the compliance
[01:35:23.720 --> 01:35:27.720]  with that first contract, he asks for a second one.
[01:35:27.720 --> 01:35:31.720]  And in the second one, he asks you to grant him
[01:35:31.720 --> 01:35:33.720]  a claim against the property.
[01:35:33.720 --> 01:35:36.720]  Otherwise, he'd have to sue you personally,
[01:35:36.720 --> 01:35:39.720]  get a judgment against you,
[01:35:39.720 --> 01:35:42.720]  and then go in and ask for a claim against the property
[01:35:42.720 --> 01:35:47.720]  so he could liquidate it to discharge the judgment.
[01:35:47.720 --> 01:35:49.720]  That's not good enough for him.
[01:35:49.720 --> 01:35:51.720]  So he wants you to give him a claim against the property.
[01:35:51.720 --> 01:35:54.720]  That's the mortgage part.
[01:35:54.720 --> 01:35:56.720]  And then in a deed of trust state,
[01:35:56.720 --> 01:35:59.720]  he doesn't even want to have to go in and sue the property.
[01:35:59.720 --> 01:36:02.720]  The claim against the property allows him to sue the property
[01:36:02.720 --> 01:36:05.720]  directly in an interim action.
[01:36:05.720 --> 01:36:07.720]  But he don't even want to do that.
[01:36:07.720 --> 01:36:10.720]  He wants you to give him a confessed judgment.
[01:36:10.720 --> 01:36:14.720]  So you say, okay, I'll grant you a claim against the property,
[01:36:14.720 --> 01:36:18.720]  and I'll grant you a confessed judgment.
[01:36:18.720 --> 01:36:21.720]  Under these conditions,
[01:36:21.720 --> 01:36:25.720]  and the contract lists all of the conditions,
[01:36:25.720 --> 01:36:28.720]  when he forecloses, he accuses you
[01:36:28.720 --> 01:36:31.720]  of breaching a tenant of the contract,
[01:36:31.720 --> 01:36:34.720]  the tenant wherein you maintain
[01:36:34.720 --> 01:36:36.720]  that if I fail to make these payments on time,
[01:36:36.720 --> 01:36:39.720]  blah, blah, blah, you can do this.
[01:36:39.720 --> 01:36:43.720]  That's the tenant he's claiming you breached.
[01:36:43.720 --> 01:36:46.720]  So read the contract and go back and see
[01:36:46.720 --> 01:36:49.720]  if prior to that point,
[01:36:49.720 --> 01:36:53.720]  he breached some tenants of the contract,
[01:36:53.720 --> 01:36:55.720]  then he's in default.
[01:36:55.720 --> 01:36:58.720]  If his default occurred before your default,
[01:36:58.720 --> 01:37:00.720]  he doesn't have capacity to come
[01:37:00.720 --> 01:37:02.720]  and make a claim against the property.
[01:37:02.720 --> 01:37:04.720]  Does that make sense, Sharon?
[01:37:04.720 --> 01:37:07.720]  And what might he have defaulted, what?
[01:37:07.720 --> 01:37:09.720]  Is there something off the top of your head you might,
[01:37:09.720 --> 01:37:12.720]  you think he might have done?
[01:37:12.720 --> 01:37:16.720]  If he has sold the, if he,
[01:37:16.720 --> 01:37:18.720]  when I look at them,
[01:37:18.720 --> 01:37:22.720]  mostly I look at them from the consumer standpoint,
[01:37:22.720 --> 01:37:25.720]  and I find all kinds they do,
[01:37:25.720 --> 01:37:27.720]  but commercially somewhat different
[01:37:27.720 --> 01:37:30.720]  because you don't have consumer protection laws.
[01:37:30.720 --> 01:37:33.720]  If he breaches a consumer protection law,
[01:37:33.720 --> 01:37:36.720]  if he failed to give you notice,
[01:37:36.720 --> 01:37:41.720]  for instance, if they did in fact securitize the note,
[01:37:41.720 --> 01:37:50.720]  and if your deed of trust has a covenant 14
[01:37:50.720 --> 01:37:54.720]  as the residential mortgages do,
[01:37:54.720 --> 01:37:57.720]  that require that all notices required by law
[01:37:57.720 --> 01:38:00.720]  be given by a certified mail.
[01:38:00.720 --> 01:38:02.720]  And you can show, if you could show that,
[01:38:02.720 --> 01:38:04.720]  if it's in the contract,
[01:38:04.720 --> 01:38:08.720]  that any sale of the contract
[01:38:08.720 --> 01:38:12.720]  must be noticed to you,
[01:38:12.720 --> 01:38:15.720]  now you go and you look and see that he's actually sold it,
[01:38:15.720 --> 01:38:17.720]  but he never notified you.
[01:38:17.720 --> 01:38:20.720]  It's a breach of the contract.
[01:38:20.720 --> 01:38:23.720]  Joe, do you have any specifics on a commercial?
[01:38:23.720 --> 01:38:26.720]  I haven't read enough commercials in California
[01:38:26.720 --> 01:38:27.720]  to know what to look for.
[01:38:27.720 --> 01:38:30.720]  It all depends on the DOT that she signed.
[01:38:30.720 --> 01:38:34.720]  If the DOT has a covenant 20 and they've sold it,
[01:38:34.720 --> 01:38:36.720]  or they've sold an interest of it,
[01:38:36.720 --> 01:38:38.720]  then they've got fraud in the factum.
[01:38:38.720 --> 01:38:40.720]  It all depends on her documents.
[01:38:40.720 --> 01:38:45.720]  Does she have covenant 16 pertaining to governing law
[01:38:45.720 --> 01:38:47.720]  of rules of severability,
[01:38:47.720 --> 01:38:49.720]  and is there a covenant 20?
[01:38:49.720 --> 01:38:51.720]  Almost, I've never seen a contract
[01:38:51.720 --> 01:38:54.720]  that didn't have a severability clause,
[01:38:54.720 --> 01:38:57.720]  but the authorization to sell,
[01:38:57.720 --> 01:39:01.720]  if anybody has an FHA loan,
[01:39:01.720 --> 01:39:04.720]  FHA loan doesn't have covenant 20 in it.
[01:39:04.720 --> 01:39:05.720]  No.
[01:39:05.720 --> 01:39:08.720]  So if they've sold the note, there's no authorization.
[01:39:08.720 --> 01:39:10.720]  That's ultra virates.
[01:39:10.720 --> 01:39:15.720]  And you can claim a breach of the deed of trust
[01:39:15.720 --> 01:39:17.720]  and claim default on it,
[01:39:17.720 --> 01:39:19.720]  what we're suggesting to people,
[01:39:19.720 --> 01:39:20.720]  read your deed of trust,
[01:39:20.720 --> 01:39:22.720]  and then look at what they've done.
[01:39:22.720 --> 01:39:24.720]  If you can find a violation,
[01:39:24.720 --> 01:39:27.720]  consumer protection laws,
[01:39:27.720 --> 01:39:30.720]  after one, two, or three years,
[01:39:30.720 --> 01:39:32.720]  depending on which one it is,
[01:39:32.720 --> 01:39:37.720]  your time limit to make a claim under the federal remedy
[01:39:37.720 --> 01:39:41.720]  for a breach of the consumer protection law has told.
[01:39:41.720 --> 01:39:45.720]  They created these consumer protection laws as a sham,
[01:39:45.720 --> 01:39:48.720]  because they set the statute of limitations
[01:39:48.720 --> 01:39:52.720]  to exercise them so short that it's unreasonable.
[01:39:52.720 --> 01:39:54.720]  People won't ever find out about them
[01:39:54.720 --> 01:39:56.720]  until five or six years down the road.
[01:39:56.720 --> 01:39:57.720]  Right.
[01:39:57.720 --> 01:39:59.720]  It's too late to claim them.
[01:39:59.720 --> 01:40:04.720]  However, if you have a severability clause,
[01:40:04.720 --> 01:40:05.720]  you can go in and say,
[01:40:05.720 --> 01:40:10.720]  well, they violated a law relating to the contract.
[01:40:10.720 --> 01:40:15.720]  You don't claim your remedy under the law they violated.
[01:40:15.720 --> 01:40:18.720]  You claim it under breach of contract,
[01:40:18.720 --> 01:40:22.720]  back to the commercial code.
[01:40:22.720 --> 01:40:25.720]  I don't know how to address it in commercial,
[01:40:25.720 --> 01:40:29.720]  but read the contract.
[01:40:29.720 --> 01:40:30.720]  Okay.
[01:40:30.720 --> 01:40:33.720]  Is there a way to get ahold of Joe?
[01:40:33.720 --> 01:40:34.720]  I couldn't hear that.
[01:40:34.720 --> 01:40:35.720]  Say that again.
[01:40:35.720 --> 01:40:37.720]  Is there a way to get ahold of Joe?
[01:40:37.720 --> 01:40:39.720]  Absolutely.
[01:40:39.720 --> 01:40:40.720]  Sure.
[01:40:40.720 --> 01:40:43.720]  If his wife was sitting in the background
[01:40:43.720 --> 01:40:45.720]  and heard what I said,
[01:40:45.720 --> 01:40:49.720]  she'll get ahold of him as soon as the show quits.
[01:40:49.720 --> 01:40:53.720]  Send me an email, reference to Joe,
[01:40:53.720 --> 01:40:54.720]  and I will get it to him.
[01:40:54.720 --> 01:40:57.720]  Do you have a direct email, Joe, I'm going to give?
[01:40:57.720 --> 01:40:58.720]  You know what?
[01:40:58.720 --> 01:41:01.720]  They can send me an email to info,
[01:41:01.720 --> 01:41:07.720]  info at mortgagecomplianceinvestigators.com.
[01:41:07.720 --> 01:41:08.720]  That's plural.
[01:41:08.720 --> 01:41:11.720]  Investigators.
[01:41:11.720 --> 01:41:14.720]  Investigators.com.
[01:41:14.720 --> 01:41:16.720]  Correct.
[01:41:16.720 --> 01:41:17.720]  Okay.
[01:41:17.720 --> 01:41:23.720]  So that's info at mortgagecomplianceinvestigators.com.
[01:41:23.720 --> 01:41:24.720]  Correct.
[01:41:24.720 --> 01:41:26.720]  If you have any problem with that,
[01:41:26.720 --> 01:41:30.720]  send one, just go to the Ruevla Radio website,
[01:41:30.720 --> 01:41:34.720]  and I'll have an email clicker on that.
[01:41:34.720 --> 01:41:36.720]  Just click on my email, send it to me.
[01:41:36.720 --> 01:41:38.720]  Just put attention to Joe Esquivel,
[01:41:38.720 --> 01:41:39.720]  and I'll forward it right to him.
[01:41:39.720 --> 01:41:40.720]  Okay.
[01:41:40.720 --> 01:41:42.720]  So either one of us will work.
[01:41:42.720 --> 01:41:43.720]  Okay.
[01:41:43.720 --> 01:41:50.720]  And Sharon, you were asking about how could they have defaulted?
[01:41:50.720 --> 01:41:54.720]  When we hear the word default,
[01:41:54.720 --> 01:41:58.720]  we immediately go to, well, somebody didn't make payments.
[01:41:58.720 --> 01:42:00.720]  There's more to it than that.
[01:42:00.720 --> 01:42:05.720]  The word default is defined in Black's Law Dictionary as follows.
[01:42:05.720 --> 01:42:12.720]  The omission or failure to perform a legal or contractual duty.
[01:42:12.720 --> 01:42:13.720]  Okay.
[01:42:13.720 --> 01:42:15.720]  So you had a contractual duty to make payments.
[01:42:15.720 --> 01:42:19.720]  Well, they had a contractual duty to abide by federal and state law.
[01:42:19.720 --> 01:42:22.720]  If you've got Covenant 16 in that deed of trust
[01:42:22.720 --> 01:42:25.720]  and where it says governing law,
[01:42:25.720 --> 01:42:30.720]  in governing law they define the governing law as follows, usually as follows.
[01:42:30.720 --> 01:42:35.720]  This security instrument shall be governed by federal law
[01:42:35.720 --> 01:42:40.720]  and the law of the jurisdiction in where the property is located.
[01:42:40.720 --> 01:42:42.720]  That's state law.
[01:42:42.720 --> 01:42:46.720]  Break one, federal or state, break one law,
[01:42:46.720 --> 01:42:53.720]  and you have violated or defaulted on that covenant.
[01:42:53.720 --> 01:42:56.720]  And the other covenants that Randy and Joe were speaking of as well,
[01:42:56.720 --> 01:42:58.720]  I just used that one as an example
[01:42:58.720 --> 01:43:01.720]  because that's the easiest one to convey to people's minds.
[01:43:01.720 --> 01:43:03.720]  Oh, okay, they defaulted.
[01:43:03.720 --> 01:43:09.720]  Now, if you defaulted and they defaulted, it comes down to who did it first.
[01:43:09.720 --> 01:43:17.720]  The banks usually do it within three months of closing.
[01:43:17.720 --> 01:43:19.720]  Okay, does that make sense, Sharon?
[01:43:19.720 --> 01:43:21.720]  Yes, it sure does.
[01:43:21.720 --> 01:43:24.720]  Okay, I appreciate it.
[01:43:24.720 --> 01:43:26.720]  Okay, we gave you a lot of homework to do.
[01:43:26.720 --> 01:43:28.720]  Oh, you did.
[01:43:28.720 --> 01:43:30.720]  Let us know how it works out.
[01:43:30.720 --> 01:43:32.720]  Okay, thank you.
[01:43:32.720 --> 01:43:33.720]  Okay, thank you, Sharon.
[01:43:33.720 --> 01:43:34.720]  Okay, we are going to break.
[01:43:34.720 --> 01:43:37.720]  When we come back, we'll pick up Nancy in Hawaii,
[01:43:37.720 --> 01:43:39.720]  Frances in Colorado.
[01:43:39.720 --> 01:43:43.720]  This is Randy Kelton, Deborah Stevens, Joe Esquivel,
[01:43:43.720 --> 01:43:49.720]  Rule of Law Radio, our call-in number, 512-646-1984.
[01:43:49.720 --> 01:43:50.720]  Give us a call.
[01:43:50.720 --> 01:43:52.720]  We've got a couple more hours.
[01:43:52.720 --> 01:43:54.720]  We'll get to everybody's call.
[01:43:54.720 --> 01:43:56.720]  So it only builds up toward the end.
[01:43:56.720 --> 01:43:59.720]  So give us a call, get in line.
[01:43:59.720 --> 01:44:03.720]  Do you feel tired when talking about important topics like money and politics?
[01:44:03.720 --> 01:44:07.720]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.720 --> 01:44:12.720]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.720 --> 01:44:15.720]  Hi, my name is Steve Holt, and like millions of other Americans,
[01:44:15.720 --> 01:44:18.720]  I was diagnosed with stupidity at an early age.
[01:44:18.720 --> 01:44:24.720]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[01:44:24.720 --> 01:44:29.720]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[01:44:29.720 --> 01:44:35.720]  The staff at Brave New Books have helped me and thousands of other Foxaholics suffering from sports zombieism recover.
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[01:44:40.720 --> 01:44:42.720]  without feeling tired or uninterested.
[01:44:42.720 --> 01:44:45.720]  So if you or anybody you know suffers from stupidity,
[01:44:45.720 --> 01:44:54.720]  then you need to call 512-480-2503 or visit them in 1904 Guadalupe or bravenewbookstore.com.
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[01:45:00.720 --> 01:45:03.720]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:24.720 --> 01:46:51.720]  Okay, we are back.
[01:46:51.720 --> 01:46:56.720]  Brandi Kelton, Debra Stevens, Joe Esquivel, Rule of Law Radio,
[01:46:56.720 --> 01:46:59.720]  and we're going to Nancy in Hawaii.
[01:46:59.720 --> 01:47:04.720]  Hello, Ms. Nancy.
[01:47:04.720 --> 01:47:06.720]  Oh, hold on.
[01:47:06.720 --> 01:47:08.720]  Okay, there we go.
[01:47:08.720 --> 01:47:10.720]  My unmute didn't take.
[01:47:10.720 --> 01:47:11.720]  Go ahead.
[01:47:11.720 --> 01:47:14.720]  Hello there.
[01:47:14.720 --> 01:47:21.720]  I want to thank you, Joe, for preparing a wonderful chain of title analysis for me recently.
[01:47:21.720 --> 01:47:24.720]  Do you remember doing that?
[01:47:24.720 --> 01:47:27.720]  I've done a number of them.
[01:47:27.720 --> 01:47:29.720]  What's your last name, Nancy, if I could ask?
[01:47:29.720 --> 01:47:31.720]  A-R-T.
[01:47:31.720 --> 01:47:34.720]  Okay, I know.
[01:47:34.720 --> 01:47:46.720]  Okay, well, I'm grateful because you helped B of A ask for a continuance of my motion for summary judgment hearing.
[01:47:46.720 --> 01:47:55.720]  So I've got until December 4th now, and I'm trying to find an attorney here on Maui who can help me with this,
[01:47:55.720 --> 01:48:02.720]  who's got some experience and success with securitization issues, and I'm working on that.
[01:48:02.720 --> 01:48:06.720]  But in the meantime, go ahead.
[01:48:06.720 --> 01:48:13.720]  Nancy, I have a reference in Hawaii, someone who helps people with these issues.
[01:48:13.720 --> 01:48:15.720]  Oh, thank you.
[01:48:15.720 --> 01:48:34.720]  Send me an email to Randy at ruleoflawradio.com and just to put in the subject line in all caps, Hawaii reference, and I will get that reference too.
[01:48:34.720 --> 01:48:38.720]  I will forward it to this woman there in Hawaii.
[01:48:38.720 --> 01:48:41.720]  She's a researcher.
[01:48:41.720 --> 01:48:46.720]  Every time I talk to her, I come away feeling dumb and my head hurts.
[01:48:46.720 --> 01:48:49.720]  She's real knowledgeable.
[01:48:49.720 --> 01:48:51.720]  Do you know which island she's on?
[01:48:51.720 --> 01:48:53.720]  No, I don't.
[01:48:53.720 --> 01:48:55.720]  Okay.
[01:48:55.720 --> 01:49:01.720]  I'm actually going through major health and financial challenges,
[01:49:01.720 --> 01:49:12.720]  so I'm looking to see if I can find someone who can help me on a deferred compensation basis because I have some significant money coming to me
[01:49:12.720 --> 01:49:22.720]  that I will be able to save my home and pay people and make a settlement on this foreclosure.
[01:49:22.720 --> 01:49:30.720]  But so far I've been doing this, and I have never done this kind of thing before in my life, so I have sure learned a lot.
[01:49:30.720 --> 01:49:39.720]  If this reference can't help you, contact me, and there's some stuff we can do to help you.
[01:49:39.720 --> 01:49:43.720]  What is the condition of your mortgage at the moment?
[01:49:43.720 --> 01:49:45.720]  Have they foreclosed yet?
[01:49:45.720 --> 01:49:46.720]  No.
[01:49:46.720 --> 01:49:50.720]  The motion for summary judgment is December 4th.
[01:49:50.720 --> 01:50:01.720]  Okay. What I suggest you want to do first is if you have the monetization audit, now get all of the records from the county recorder's office,
[01:50:01.720 --> 01:50:05.720]  the county registrar's office, registrar of deeds.
[01:50:05.720 --> 01:50:13.720]  If you want to see, you want to look for deed of trust, of course, because we've actually found cases where it's not there.
[01:50:13.720 --> 01:50:23.720]  Then you look for an assignment of substitute trustee, an appointment of the note or deed of trust.
[01:50:23.720 --> 01:50:30.720]  And who did the assignment of the substitute trustee?
[01:50:30.720 --> 01:50:35.720]  Is that the name of the entity on the deed of trust?
[01:50:35.720 --> 01:50:45.720]  And if it's not, is there an assignment of the mortgage to the entity who appointed the substitute trustee?
[01:50:45.720 --> 01:50:47.720]  This is an issue we come across a lot.
[01:50:47.720 --> 01:50:51.720]  Do you recall if MERS is included in your documentation?
[01:50:51.720 --> 01:51:03.720]  Yes, and Joe's report basically says that the whole thing is a novelty because of securitization issues and, you know.
[01:51:03.720 --> 01:51:08.720]  Okay. Go back, read that deed of trust.
[01:51:08.720 --> 01:51:12.720]  Wait a minute. Hawaii, is it a judicial state or non-judicial?
[01:51:12.720 --> 01:51:15.720]  Both.
[01:51:15.720 --> 01:51:16.720]  Both?
[01:51:16.720 --> 01:51:17.720]  Mm-hmm.
[01:51:17.720 --> 01:51:19.720]  Mm-hmm. Oh, okay.
[01:51:19.720 --> 01:51:25.720]  In this case, are they, did they file an action in the state court to foreclose?
[01:51:25.720 --> 01:51:27.720]  Yes.
[01:51:27.720 --> 01:51:35.720]  Okay. You should look at a petition for declaratory judgment.
[01:51:35.720 --> 01:51:38.720]  Take apart the deed of trust.
[01:51:38.720 --> 01:51:47.720]  If they, if the lender has breached any covenant of the deed of trust, file a notice of default in the record.
[01:51:47.720 --> 01:51:51.720]  They have, they breached covenant 20.
[01:51:51.720 --> 01:52:04.720]  Perfect. If you can show a date of that, file a notice of default in the record, noticing that the lender on this day breached the deed of trust.
[01:52:04.720 --> 01:52:11.720]  Now, the lender is going to have a notice of default saying that you defaulted on this day.
[01:52:11.720 --> 01:52:15.720]  If your date's before their date, they have a problem.
[01:52:15.720 --> 01:52:20.720]  And then to follow that up, here's the deal.
[01:52:20.720 --> 01:52:23.720]  These guys never look in the record.
[01:52:23.720 --> 01:52:25.720]  They just don't pay any attention to it.
[01:52:25.720 --> 01:52:29.720]  Well, you file a notice of default.
[01:52:29.720 --> 01:52:39.720]  You, as the holder of an uncontested warranty deed, have standing to file documents in the record affecting title.
[01:52:39.720 --> 01:52:42.720]  So, you file a notice of default.
[01:52:42.720 --> 01:52:45.720]  They won't even know it's there.
[01:52:45.720 --> 01:52:46.720]  Okay.
[01:52:46.720 --> 01:52:47.720]  Dean?
[01:52:47.720 --> 01:52:48.720]  Yes.
[01:52:48.720 --> 01:52:50.720]  I'm sorry, I got interjected.
[01:52:50.720 --> 01:52:53.720]  What Randy said is perfect.
[01:52:53.720 --> 01:52:56.720]  And before I forget, here's what you can do.
[01:52:56.720 --> 01:52:58.720]  Because you were with Fannie Mae?
[01:52:58.720 --> 01:52:59.720]  Yes.
[01:52:59.720 --> 01:53:00.720]  All right.
[01:53:00.720 --> 01:53:10.720]  Now, if you go to the Fannie Mae website, they will give you the exact date that Fannie Mae purchased in interest of your mortgage loan instrument.
[01:53:10.720 --> 01:53:15.720]  And then you take that date that Randy is talking about.
[01:53:15.720 --> 01:53:18.720]  Yes, and you have dates.
[01:53:18.720 --> 01:53:23.720]  If you can get that from their website, do a screenshot of the website.
[01:53:23.720 --> 01:53:24.720]  Perfect.
[01:53:24.720 --> 01:53:32.720]  And attach that as an exhibit to your notice of default.
[01:53:32.720 --> 01:53:47.720]  See, once it's in there, then since you are someone with standing to file, the court must presume the document is valid.
[01:53:47.720 --> 01:53:53.720]  And statutorily, it must be presumed to be valid until it's challenged.
[01:53:53.720 --> 01:54:09.720]  If you have a notice of default in there and the trustee forecloses, you sue the trustee for three times the original principle of the property for doing the illegal foreclosure.
[01:54:09.720 --> 01:54:11.720]  Here's what the law says in Texas.
[01:54:11.720 --> 01:54:14.720]  This is what the case law says.
[01:54:14.720 --> 01:54:30.720]  If you're standing on the courthouse steps at 8 o'clock waiting for the auction to start and at 9 o'clock when the clerk opens, someone goes in and files a less pendants.
[01:54:30.720 --> 01:54:34.720]  You know about it.
[01:54:34.720 --> 01:54:40.720]  You have imputed knowledge, whether you actually know about it or not is irrelevant.
[01:54:40.720 --> 01:54:48.720]  Once it's filed in the public record, the public has knowledge of it and cannot claim they do not.
[01:54:48.720 --> 01:55:04.720]  So when you file that notice of default in the record, the substitute trustee has notice that his principle lacks authority to order the foreclosure.
[01:55:04.720 --> 01:55:09.720]  When you sue the trustee, he is going to have a conniption fit.
[01:55:09.720 --> 01:55:16.720]  The trustee is immune from suit so long as he acts in good faith.
[01:55:16.720 --> 01:55:22.720]  If you have filed a notice of default, he knows about the notice of default.
[01:55:22.720 --> 01:55:30.720]  And if he goes ahead and forecloses when there's a notice of default in the record, that is not an action in good faith.
[01:55:30.720 --> 01:55:40.720]  Now this doesn't have anything to do with what he actually knows. It has to do with what he's imputed to know. Does that make sense?
[01:55:40.720 --> 01:55:49.720]  He lost me at the, how have they defaulted, by going to the Fannie Mae website. I don't see the connection.
[01:55:49.720 --> 01:55:53.720]  They go to the Fannie Mae website and see when they sold the note.
[01:55:53.720 --> 01:56:00.720]  On the Fannie Mae website, they didn't sell the note. They sold an interest of your mortgage loan.
[01:56:00.720 --> 01:56:11.720]  So go to Fannie Mae Lookup, Google it on the Internet, and then when you go to the website, you'll put in your name, all your personal information.
[01:56:11.720 --> 01:56:23.720]  You'll check that you understand that this is you, and then it will tell you the date that Fannie Mae acquired that interest of your mortgage loan instrument.
[01:56:23.720 --> 01:56:32.720]  All right. When they acquired an interest of your mortgage loan instrument, they acquired the right to receive payments.
[01:56:32.720 --> 01:56:42.720]  They did not negotiate for a tangible promissory note, nor were they evidenced into public record as being named on your mortgage.
[01:56:42.720 --> 01:56:46.720]  In other words, they received less than the entire instrument.
[01:56:46.720 --> 01:56:58.720]  Correct. So now there is a default of the covenants, because Covenant 20 says the note or a partial interest of the note may be sold together with the security instrument.
[01:56:58.720 --> 01:57:07.720]  That's a legal impossibility because the security instrument can only follow a properly secured note.
[01:57:07.720 --> 01:57:12.720]  It's either this or that. It's disjunctive, not conjunctive.
[01:57:12.720 --> 01:57:15.720]  Does that make sense? Yeah.
[01:57:15.720 --> 01:57:23.720]  Okay. That's the breach of contract. That's the default.
[01:57:23.720 --> 01:57:32.720]  You have to file a notice of the default in the record. Once it's in the record, unchallenged, it must be presumed to be true.
[01:57:32.720 --> 01:57:47.720]  If the other party who's affected by that feels that that document is not proper, then they have to file a petition for declaratory judgment and ask the court to rule that your notice of default is not valid.
[01:57:47.720 --> 01:57:58.720]  If that's not done, the court must presume the document is valid. So get that filed in there. That throws a big speed bump in their way.
[01:57:58.720 --> 01:58:00.720]  Thank you.
[01:58:00.720 --> 01:58:14.720]  Okay. Do you have anything else for us? We could spend probably two days on this subject. You need to listen to us regularly. There's a lot we'll go through. There's a lot you can do.
[01:58:14.720 --> 01:58:24.720]  The main thing is sue them. Once you counter sue, if you've answered the suit, you need to get a countersuit filed against them.
[01:58:24.720 --> 01:58:34.720]  Once you counter sue, that'll pretty well stop them. It won't statutorily stop them, but realistically, it'll stop them from foreclosing on you.
[01:58:34.720 --> 01:58:41.720]  And the longer you can hold them off, the more you're going to cost them, and the more the politics turn in your favor. Hang on. We'll be right back.
[01:58:41.720 --> 01:58:49.720]  This is Randy Kelton, Deborah Stevens, Joe Esquivel. I'll call in number 512-646-1984.
[01:58:49.720 --> 01:58:57.720]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[01:58:57.720 --> 01:59:05.720]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture.
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[01:59:17.720 --> 01:59:27.720]  Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before.
[01:59:27.720 --> 01:59:50.720]  Bibles for America would like to give you a free recovery version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102, or by ordering online at freestudybible.com. That's freestudybible.com.
[01:59:50.720 --> 01:59:59.720]  You are listening to the Logos Radio Network, logosradionetwork.com.