[00:00.000 --> 00:09.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[00:09.000 --> 00:12.000]  Online at thelibertybeat.com.
[00:12.000 --> 00:17.000]  I'm Brian Hagan with your Liberty Beat for Friday, November 1st, 2013.
[00:17.000 --> 00:21.000]  Gold opened today at $1,313.
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[01:01.000 --> 01:05.000]  And now, today in the news, United States Secretary of State John Kerry
[01:05.000 --> 01:10.000]  admits that the federal government's espionage program has gone too far.
[01:10.000 --> 01:16.000]  According to The Guardian, his remarks came during a video conference to London yesterday.
[01:16.000 --> 01:20.000]  Kerry, who says the spying program was on automatic pilot,
[01:20.000 --> 01:27.000]  says some of the actions went too far and promised they won't happen again.
[01:27.000 --> 01:31.000]  Meanwhile, in related news, NSA whistleblower Edward Snowden
[01:31.000 --> 01:35.000]  will testify regarding the tapping of the German Chancellor's phone.
[01:35.000 --> 01:39.000]  The Daily Mail reports that Snowden has informed German officials
[01:39.000 --> 01:44.000]  he's prepared to offer the testimony at a possible future public inquiry.
[01:44.000 --> 01:48.000]  Prosecutors have hinted they're prepared to defy an American extradition request,
[01:48.000 --> 01:54.000]  clearing the way for Snowden to travel to Germany.
[01:54.000 --> 01:58.000]  While food stamp cuts begin today, that happens as an increase in funding,
[01:58.000 --> 02:01.000]  approved during the recession era, expires,
[02:01.000 --> 02:05.000]  leaving 48 million Americans with less funding from the SNAP program.
[02:05.000 --> 02:10.000]  The 13.6% cut means a near $36 monthly reduction.
[02:10.000 --> 02:13.000]  The Associated Press reports that costs for the program have increased
[02:13.000 --> 02:18.000]  more than 358% since 2000.
[02:18.000 --> 02:24.000]  The Cato Institute says a lack of eligibility requirements have led to that jump.
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[02:38.000 --> 02:43.000]  The award also comes from Central Texas Gun Works, CHL courses, self-defense training,
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[02:50.000 --> 02:55.000]  This is the Liberty Beam for Friday, November 1st, 2013.
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[03:01.000 --> 03:17.000]  Music
[03:17.000 --> 03:21.000]  Girl, I received my remedy today
[03:21.000 --> 03:24.000]  Came in the box just like they say
[03:24.000 --> 03:28.000]  I accept it for value right away
[03:28.000 --> 03:32.000]  Not sooner, not later
[03:32.000 --> 03:34.000]  We are originators
[03:34.000 --> 03:39.000]  And the pathway seems to get straighter every day
[03:39.000 --> 03:42.000]  And I can take anything that belongs to me
[03:42.000 --> 03:43.000]  Okay, we are back.
[03:43.000 --> 03:46.000]  Randy Feltman, Debra Stevens, Joe Esquivel.
[03:46.000 --> 03:51.000]  We've got radio, and we're talking to Nancy in Hawaii.
[03:51.000 --> 03:56.000]  Nancy, when we went out, we were talking about a counter shoot.
[03:56.000 --> 04:00.000]  And the reason I mentioned a counter shoot,
[04:00.000 --> 04:04.000]  if you don't counter shoot the lender,
[04:04.000 --> 04:07.000]  the lender has nothing to lose.
[04:07.000 --> 04:13.000]  So you look at the deed of trust,
[04:13.000 --> 04:20.000]  you find an example of where the lender has breached the deed of trust,
[04:20.000 --> 04:24.000]  then you counter shoot for prior default.
[04:24.000 --> 04:27.000]  You counter shoot essentially for declaratory judgment
[04:27.000 --> 04:33.000]  against the lender on default of the deed of trust.
[04:33.000 --> 04:36.000]  Now the lender is in a position
[04:36.000 --> 04:42.000]  to where he can technically legally continue to foreclose
[04:42.000 --> 04:47.000]  unless the judge issues a restraining order, which is hard to get.
[04:47.000 --> 04:50.000]  And realistically, you don't need the restraining order.
[04:50.000 --> 04:53.000]  Because once you counter shoot,
[04:53.000 --> 04:57.000]  if you win one point on the counter shoot,
[04:57.000 --> 05:03.000]  any foreclosure that they would perform becomes void.
[05:03.000 --> 05:09.000]  If they have foreclosed and evicted either you or a tenant,
[05:09.000 --> 05:13.000]  and you win one issue on your suit,
[05:13.000 --> 05:15.000]  that foreclosure becomes void,
[05:15.000 --> 05:20.000]  and they have created another set of litigation,
[05:20.000 --> 05:24.000]  whether they can come back and foreclose again
[05:24.000 --> 05:28.000]  by doing everything right is irrelevant.
[05:28.000 --> 05:32.000]  The harm caused by that improper foreclosure stands.
[05:32.000 --> 05:38.000]  So realistically, the bank is not going to want to incur that kind of risk,
[05:38.000 --> 05:43.000]  because that can cost them a lot more than the value of the property to start with.
[05:43.000 --> 05:45.000]  So when you counter shoot,
[05:45.000 --> 05:51.000]  you can pretty well stop all the foreclosure proceedings.
[05:51.000 --> 05:53.000]  The trick is just sue them.
[05:53.000 --> 05:54.000]  Nancy?
[05:54.000 --> 05:55.000]  Yes?
[05:55.000 --> 05:59.000]  One of the things you have to understand is this.
[05:59.000 --> 06:01.000]  I don't know if you get my weekly articles,
[06:01.000 --> 06:06.000]  but a couple of weeks ago I wrote an article pertaining to secured creditors
[06:06.000 --> 06:09.000]  and the sales that are done on the courthouse debts.
[06:09.000 --> 06:20.000]  Many times the trustee of the sale purports that Fannie Mae is a qualified bidder.
[06:20.000 --> 06:22.000]  And as a qualified bidder,
[06:22.000 --> 06:27.000]  Fannie Mae or Freddie Mac doesn't have to put up the $10,000 cash,
[06:27.000 --> 06:34.000]  or they're not required within 72 hours of purchasing that property
[06:34.000 --> 06:38.000]  to put up a cashier's check in the full amount.
[06:38.000 --> 06:43.000]  When in fact Fannie Mae and Freddie Mac and Ginny Mae are not properly secured
[06:43.000 --> 06:48.000]  qualified bidders because they're not holders in due course.
[06:48.000 --> 06:51.000]  They've only purchased in interest of the mortgage loan instrument,
[06:51.000 --> 06:56.000]  but no one ever goes after the trustee for breaching their fiduciary responsibility
[06:56.000 --> 07:00.000]  of selling something to a party that had no skin in the game.
[07:00.000 --> 07:07.000]  Because Fannie Mae is not listed into public record as nominee beneficiary as mortgagee,
[07:07.000 --> 07:13.000]  they have not acquired a properly perfected lien.
[07:13.000 --> 07:20.000]  Because their name is not listed as payee on the payee line of the tangible promissory note,
[07:20.000 --> 07:26.000]  that note has not been properly negotiated, transferred, and delivered to Fannie Mae.
[07:26.000 --> 07:32.000]  They deal with e-mortgages and e-notes, and pursuant to 15 U.S.C. 7003,
[07:32.000 --> 07:40.000]  UEDA and ESIN do not apply, and there are no laws for electronic documents.
[07:40.000 --> 07:48.000]  There are no laws for e-mortgages because everything must be in writing, everything.
[07:48.000 --> 07:56.000]  The Uniform Commercial Code was written long before the secondary market came about in the early 70s.
[07:56.000 --> 08:00.000]  So you guys got a lot of good information, you just need to get started.
[08:00.000 --> 08:05.000]  Thank you.
[08:05.000 --> 08:08.000]  Okay, if you have any problems, send me an email.
[08:08.000 --> 08:10.000]  All right, thank you so much for your time and your knowledge.
[08:10.000 --> 08:12.000]  I really appreciate it.
[08:12.000 --> 08:14.000]  You are most welcome.
[08:14.000 --> 08:23.000]  Okay, now we are going to Ms. Francis in Colorado, and I know Ms. Francis is causing trouble.
[08:23.000 --> 08:25.000]  I am.
[08:25.000 --> 08:26.000]  Hi, Randy.
[08:26.000 --> 08:28.000]  Hi, Joe.
[08:28.000 --> 08:30.000]  Thanks for taking my call.
[08:30.000 --> 08:33.000]  So this is a question for Joe.
[08:33.000 --> 08:37.000]  On the 29th, which was this last Tuesday, I had to make an argument.
[08:37.000 --> 08:47.000]  We are in a reopened bankruptcy case, and per your instructions, I presented an emotion that my note was unsecured,
[08:47.000 --> 08:51.000]  and therefore I was arguing for a reinstatement of stay.
[08:51.000 --> 09:01.000]  The house was already foreclosed, and the bidder and the foreclosing entity was the servicer, not in the record.
[09:01.000 --> 09:09.000]  And then they assigned, then they were not, they weren't a qualified buyer, but then they assigned their purchase deed to Fannie Mae.
[09:09.000 --> 09:13.000]  So I led the bankruptcy case through all of my motions.
[09:13.000 --> 09:20.000]  I listened to your, you know, this other recordings from this show and other shows and got everything down, I thought.
[09:20.000 --> 09:25.000]  But I just, I had a couple of questions.
[09:25.000 --> 09:27.000]  Is there anything that I may have missed?
[09:27.000 --> 09:29.000]  I argued that it wasn't secured.
[09:29.000 --> 09:31.000]  I argued that it was partial.
[09:31.000 --> 09:36.000]  I argued that it wasn't negotiated.
[09:36.000 --> 09:39.000]  I cited both UCC and Colorado commercial codes.
[09:39.000 --> 09:42.000]  I had, I mean, I was, like, I totally got it.
[09:42.000 --> 09:50.000]  So is there anything that I might have missed that I may need to go back and do an amendment on that while they-
[09:50.000 --> 09:53.000]  Well, one, your amendment's only $26.
[09:53.000 --> 09:58.000]  So if you had to amend anything, you have a, you know, just $26 filing fee.
[09:58.000 --> 10:13.000]  However, my biggest contention would be, you know, if you can't open up your bankruptcy and pursuant to BK Rule 3001, Subsection D as in Dogwood States,
[10:13.000 --> 10:24.000]  any party coming forth with a claim of a secured claim of a security interest must be evidenced by a properly perfected lien.
[10:24.000 --> 10:30.000]  All right, so with that being said, Fannie Mae isn't listed in public record.
[10:30.000 --> 10:36.000]  Fannie Mae wasn't listed as payee on the payee line of your tangible promissory note.
[10:36.000 --> 10:37.000]  Correct.
[10:37.000 --> 10:49.000]  So when the trustee did a sale claiming that they were a qualified bidder, what qualifications were presented to the trustee is what I would ask.
[10:49.000 --> 10:55.000]  How were they qualified when they are not listed in public record?
[10:55.000 --> 10:59.000]  Because Colorado does have assignment statutes.
[10:59.000 --> 11:01.000]  Yes.
[11:01.000 --> 11:08.000]  All right, so that's one of the things that I know because, you know, I've been to Denver testifying.
[11:08.000 --> 11:20.000]  So, you know, what gave the trustee the authority to make that decision that they were qualified bidder?
[11:20.000 --> 11:38.000]  Because under 6-10-108, it says notice of assignment of validity, and the whole purpose of an assignment is to memorialize the sale of the tangible promissory note. It does not cause the sale.
[11:38.000 --> 11:54.000]  So since it did not cause the sale, and the assignment was to Bank of America as servicer, who had the authority, who had skin in the game, who was injured?
[11:54.000 --> 12:00.000]  Because without injury, you have no claim.
[12:00.000 --> 12:02.000]  Okay.
[12:02.000 --> 12:10.000]  All right, so what I did was I connected the dots as best I could, you know, without...
[12:10.000 --> 12:15.000]  So do I need to set this for an adversarial hearing now that I have filed it?
[12:15.000 --> 12:25.000]  Our bankruptcy, it was a Chapter 7, and it had to be reopened in order to go back and claim standing in the house and also in a probate issue.
[12:25.000 --> 12:31.000]  And so do I need to set that for an adversarial hearing?
[12:31.000 --> 12:35.000]  I'm not sure. I couldn't tell you on that.
[12:35.000 --> 12:38.000]  No, I don't think that's adversarial.
[12:38.000 --> 12:52.000]  All you're doing is just amending your schedules, and then filing a motion changes creditor status to an unsecured if you filed on, depending on how you listed it.
[12:52.000 --> 12:54.000]  Does she have to file a motion to do that?
[12:54.000 --> 13:01.000]  No, you don't have to. You can just change the schedule and let them dispute it.
[13:01.000 --> 13:13.000]  Yeah, you change the schedule, we file, then they will come back and make a claim, and then you use all of your information to refute the claim.
[13:13.000 --> 13:24.000]  Right, because... We're beyond that, you guys. We had... I changed on my... I amended the schedules in August of 2012. Awesome.
[13:24.000 --> 13:34.000]  And then the case closed in December of 2012, and then we had to reopen, and so it reopened in March the 15th of this year.
[13:34.000 --> 13:44.000]  And so during this period of time, we were evicted from the property, and I had filed an emergency motion to reinstate the stay, and I didn't use the UCC.
[13:44.000 --> 13:49.000]  And of course, if you don't speak to them properly, it's like they don't hear.
[13:49.000 --> 13:58.000]  And so we were denied, and the judge came back and said I had not listed anything on Schedule A, so I immediately went and amended my Schedule A and put that I had a warranty deed.
[13:58.000 --> 14:05.000]  And then he also said that I hadn't discharged the debt in the bankruptcy, but I had.
[14:05.000 --> 14:13.000]  So when I filed the next to the last motion, which was this has been open over six months, there's been no decision.
[14:13.000 --> 14:17.000]  I would move the court to compel the trustee to make a decision.
[14:17.000 --> 14:25.000]  And so then there were some assignments of some other attorneys and things like that in order to assist this bankruptcy trustee.
[14:25.000 --> 14:40.000]  And so then when I talked to you, then I felt really moved to make a motion to say here's the amended schedule that were filed into PACER in August, on August the 16th of 2012.
[14:40.000 --> 14:42.000]  And they were all filed as unsecured.
[14:42.000 --> 14:48.000]  Now we didn't have any real estate that we could legally put on Schedule D, so we didn't have to change the status.
[14:48.000 --> 14:57.000]  But we just added the name of the original lender, the name of the servicer, and Fannie Mae, and we just put the amount down one time.
[14:57.000 --> 15:11.000]  And so now this motion that I just filed is going through the entire process to show and say it was never secured, it was never 3,001D, it wasn't secured.
[15:11.000 --> 15:23.000]  And therefore, you know, after I get finished with going through literally, I just went through all of your arguments, and then I just stated that it must be a discharge that can't survive.
[15:23.000 --> 15:24.000]  It's unsecured.
[15:24.000 --> 15:30.000]  Therefore, the stay should be reinstated.
[15:30.000 --> 15:32.000]  Correct.
[15:32.000 --> 15:33.000]  It could be temporary reinstated.
[15:33.000 --> 15:44.000]  What you have to understand is that once the debt has been discharged for the tangible promissory note, all right?
[15:44.000 --> 16:01.000]  Now, because there was no lien in effect from Fannie Mae, because they had only purchased a beneficial interest of that mortgage loan instrument, all right?
[16:01.000 --> 16:07.000]  So when you filed, it was a true and correct filing that it was a non-secured obligation.
[16:07.000 --> 16:18.000]  So the debt being discharged of the tangible promissory note leaves the security instrument with nothing to attach itself to.
[16:18.000 --> 16:26.000]  And while they're going to tell you, well, Francis, a lien can't survive a bankruptcy, correct, a properly secured lien.
[16:26.000 --> 16:38.000]  But if there was no lien prior to the filing of bankruptcy, then there was nothing to survive.
[16:38.000 --> 16:44.000]  This is Joe Esquivel, Randy Kelton, Deborah Stevens, Rule of Law Radio.
[16:44.000 --> 16:48.000]  We'll be taking your calls when we come back.
[16:48.000 --> 16:50.000]  So if you have any calls, get them in.
[16:50.000 --> 16:55.000]  And I'd like to answer as many as we can.
[16:55.000 --> 16:57.000]  So we'll be right back.
[16:57.000 --> 17:26.000]  Stay tuned.
[17:27.000 --> 17:39.000]  We have come to trust YoungGevity so much, we became a marketing distributor along with Alex Jones, Ben Fuchs, and many others.
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[19:01.000 --> 19:11.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:11.000 --> 19:14.000]  Well, don't let nothing get to you.
[19:14.000 --> 19:17.000]  Only the Father can deliver you.
[19:17.000 --> 19:20.000]  And don't let bad-minded people hurt you.
[19:20.000 --> 19:23.000]  And just sit and get behind you.
[19:23.000 --> 19:25.000]  Know what I mean?
[19:25.000 --> 19:28.000]  My friend, knowledge of children.
[19:28.000 --> 19:31.000]  Trust in God, my friend.
[19:31.000 --> 19:34.000]  Tell Him you're proud of Him, then.
[19:34.000 --> 19:37.000]  Call on His name once a day.
[19:37.000 --> 19:40.000]  He will tell you now He works it in.
[19:40.000 --> 19:43.000]  Trust in God, my friend.
[19:43.000 --> 19:46.000]  Tell Him you're proud of Him, then.
[19:46.000 --> 19:49.000]  Call on His name once a day.
[19:49.000 --> 19:52.000]  He will tell you now He works it in.
[19:52.000 --> 19:55.000]  He is my King, man. He is everything.
[19:55.000 --> 19:58.000]  He is everything to me. That's why I call Him.
[19:58.000 --> 20:00.000]  Okay, we are back.
[20:00.000 --> 20:03.000]  And sorry for that delay.
[20:03.000 --> 20:07.000]  We kind of got caught up in abusing our producer.
[20:07.000 --> 20:11.000]  We have great fun at his experience on the breaks.
[20:11.000 --> 20:16.000]  Okay, we are talking to Ms. Frances in Colorado.
[20:16.000 --> 20:19.000]  Go ahead, Joe. We were talking on the break about...
[20:19.000 --> 20:21.000]  Yeah, we were talking about...
[20:21.000 --> 20:24.000]  Frances, you're doing a great job.
[20:24.000 --> 20:29.000]  Once you get your bankruptcy reopened
[20:29.000 --> 20:34.000]  and you discharge the tangible promissory note debt,
[20:34.000 --> 20:38.000]  then there will be no security instrument for the...
[20:38.000 --> 20:43.000]  There is no debt for the security instrument to attach itself to.
[20:43.000 --> 20:46.000]  If I were in your shoes, I would then look at the party
[20:46.000 --> 20:52.000]  that did the sale of your property, being the trustee,
[20:52.000 --> 20:55.000]  and I would go after the trustee
[20:55.000 --> 21:00.000]  for breaching his fiduciary responsibility of selling a property
[21:00.000 --> 21:05.000]  to a party that had no interest in your property.
[21:05.000 --> 21:09.000]  I'm sorry, they had an interest in your property.
[21:09.000 --> 21:13.000]  They did not have rights to your property.
[21:13.000 --> 21:16.000]  So having an interest of your mortgage loan instrument
[21:16.000 --> 21:22.000]  is not the same as acquiring rights to foreclose on your property.
[21:22.000 --> 21:24.000]  Two different things.
[21:24.000 --> 21:30.000]  Fannie Mae had a right to the monetary obligations that it bought,
[21:30.000 --> 21:33.000]  but that beneficial interest did not contain conditions
[21:33.000 --> 21:42.000]  over which to enforce collection using a sale of your property.
[21:42.000 --> 21:45.000]  They never acquired that. They're not listed in public record.
[21:45.000 --> 21:49.000]  If you're not listed in public record, it did not happen
[21:49.000 --> 21:56.000]  because public record gives constructive notice to the world, period.
[21:56.000 --> 21:59.000]  If you're not there, you're not a party.
[21:59.000 --> 22:03.000]  You're not allowed to come in and play in my playground.
[22:03.000 --> 22:09.000]  And if your name is not listed as Payee on the Payee line,
[22:09.000 --> 22:12.000]  then you're not allowed either.
[22:12.000 --> 22:15.000]  And to come forth and play in this game,
[22:15.000 --> 22:22.000]  you must have all three pieces of the puzzle of which they do not.
[22:22.000 --> 22:24.000]  Does that help you?
[22:24.000 --> 22:26.000]  Yes, I actually made all those arguments.
[22:26.000 --> 22:28.000]  You've been very clear in some of your other recordings,
[22:28.000 --> 22:30.000]  so I had all those arguments.
[22:30.000 --> 22:34.000]  So now we have a public trustee here in Colorado,
[22:34.000 --> 22:39.000]  and the law has basically held him harmless from just about anything.
[22:39.000 --> 22:44.000]  Randy and I helped me file a wrongful foreclosure case,
[22:44.000 --> 22:49.000]  and now it's on appeal, or we're waiting to see if it will go on appeal,
[22:49.000 --> 22:53.000]  because that got caught up in the bankruptcy,
[22:53.000 --> 22:56.000]  and that's why we had to reopen the bankruptcy.
[22:56.000 --> 23:00.000]  So we didn't have standing, so things are in limbo.
[23:00.000 --> 23:06.000]  So I was also wondering if, and the public trustee is named in that case,
[23:06.000 --> 23:10.000]  so that would be actually ongoing, and it's on appeal.
[23:10.000 --> 23:19.000]  But the other thing I was thinking to do was maybe vacate the actual foreclosure.
[23:19.000 --> 23:27.000]  I would raise all sorts of heck, because if it was an unlawful foreclosure,
[23:27.000 --> 23:36.000]  definitely, how did Fannie Mae Purchase with no funds being brought forth?
[23:36.000 --> 23:37.000]  Well, they were given it.
[23:37.000 --> 23:39.000]  They were assigned it by the servicer.
[23:39.000 --> 23:42.000]  They sent the servicer in, you know, and I actually did...
[23:42.000 --> 23:45.000]  I know, but a servicer is just a servicer.
[23:45.000 --> 23:46.000]  Right.
[23:46.000 --> 23:55.000]  Pursuant to 15 U.S.C. Chapter 47, 1021 F., a servicer may not come forth as owner.
[23:55.000 --> 23:58.000]  They are just a servicer.
[23:58.000 --> 24:09.000]  So for the servicer to sell the property to Fannie Mae, you cannot sell what you do not own.
[24:09.000 --> 24:13.000]  Go back to Nemo Dat, one cannot sell what one does not own.
[24:13.000 --> 24:19.000]  The problem is no one ever goes after them.
[24:19.000 --> 24:28.000]  I would be going after that public trustee in the capacity as from where did he receive the authority
[24:28.000 --> 24:34.000]  to make the decision that Fannie Mae was a qualified bidder?
[24:34.000 --> 24:36.000]  How did he come to that decision?
[24:36.000 --> 24:42.000]  By what statutes was he able to make this determination?
[24:42.000 --> 24:45.000]  By what documents filed in public record?
[24:45.000 --> 24:47.000]  Fannie Mae is not listed in public record.
[24:47.000 --> 24:50.000]  Fannie Mae is not listed on the note.
[24:50.000 --> 24:57.000]  How dare you give my property to someone that is not authorized?
[24:57.000 --> 24:59.000]  They have no qualifications.
[24:59.000 --> 25:01.000]  You're not holder in due course.
[25:01.000 --> 25:04.000]  You're not named anywhere.
[25:04.000 --> 25:08.000]  What gives you the right?
[25:08.000 --> 25:10.000]  They stole something.
[25:10.000 --> 25:12.000]  Go get it back.
[25:12.000 --> 25:16.000]  Okay.
[25:16.000 --> 25:21.000]  So now you mentioned earlier about having an unchallenged warranty deed.
[25:21.000 --> 25:22.000]  I think that was Randy.
[25:22.000 --> 25:26.000]  What is an unchallenged warranty deed?
[25:26.000 --> 25:37.000]  Warranty deed filed in the record and no one has filed anything in the record stating that this warranty deed is void
[25:37.000 --> 25:48.000]  or there has been no petition for declaratory judgment filed claiming that the warranty deed is invalid.
[25:48.000 --> 25:49.000]  Okay.
[25:49.000 --> 25:51.000]  So let me ask you this.
[25:51.000 --> 25:52.000]  Okay.
[25:52.000 --> 26:00.000]  So what we had is we had a warranty deed and then we had these mortgages and then when the lender was on the record
[26:00.000 --> 26:06.000]  and that was the last part and then all of a sudden here's Chase and now here's Fannie Mae.
[26:06.000 --> 26:12.000]  So every court continues to go back and say, well, Fannie Mae is the proper owner of this property
[26:12.000 --> 26:16.000]  and I'm saying we have a warranty deed.
[26:16.000 --> 26:18.000]  So it's never been challenged.
[26:18.000 --> 26:22.000]  It would have to either have declaratory judgment.
[26:22.000 --> 26:23.000]  Okay.
[26:23.000 --> 26:24.000]  No, hold on.
[26:24.000 --> 26:25.000]  Hold on.
[26:25.000 --> 26:35.000]  I'm not saying that the warranty deed would necessarily supersede a substitute trustees deed.
[26:35.000 --> 26:44.000]  Once a substitute trustees deed is filed, then the warranty deed has no more force in effect.
[26:44.000 --> 26:57.000]  But what I was talking about earlier was for someone who has not yet had a substitute trustees deed filed in the record
[26:57.000 --> 27:06.000]  because once the substitute trustees deed filed in the record, the holder of the prior warranty deed no longer has standing.
[27:06.000 --> 27:15.000]  They would have to go to the district court and petition for a declaratory judgment showing that the substitute trustees deed was void
[27:15.000 --> 27:25.000]  or you could file under the warranty deed a notice that the substitute trustees deed wasn't valid.
[27:25.000 --> 27:31.000]  So in my case, I would have to file a motion to say that Fannie Mae's confirmation deed is not valid.
[27:31.000 --> 27:33.000]  Is that what I'm...
[27:33.000 --> 27:34.000]  Yes.
[27:34.000 --> 27:35.000]  We don't have a substitute trustee.
[27:35.000 --> 27:38.000]  We're the only state that doesn't.
[27:38.000 --> 27:41.000]  Well, yeah, you have the public trustee.
[27:41.000 --> 27:49.000]  You can, just because the public trustee has a certain amount of qualified immunity
[27:49.000 --> 27:52.000]  doesn't mean you can't sue for declaratory judgment.
[27:52.000 --> 27:57.000]  There is no immunity from a suit for declaratory judgment.
[27:57.000 --> 28:06.000]  The only suit for which there is immunity is a suit that asks for harm, for remuneration for harm.
[28:06.000 --> 28:11.000]  A declaratory judgment doesn't ask for remuneration for harm.
[28:11.000 --> 28:15.000]  It merely asks for a determination by the court.
[28:15.000 --> 28:20.000]  So there's no immunity at all from that one.
[28:20.000 --> 28:26.000]  So, Francis, you're going to bring up 43123D.
[28:26.000 --> 28:30.000]  That's what you're going to bring up.
[28:30.000 --> 28:38.000]  Because less than the entire instrument was transferred, negotiation of the instrument does not occur.
[28:38.000 --> 28:48.000]  So if negotiation not occurring, Fannie Mae only acquired a partial interest, giving them a partial clause of the action.
[28:48.000 --> 28:52.000]  And as Randy says, you cannot come forth with a partial clause of action.
[28:52.000 --> 28:54.000]  Can you, Randy?
[28:54.000 --> 29:03.000]  Well, you can't come forth without being able to show that you have been harmed.
[29:03.000 --> 29:16.000]  If you have no right to receive the payment from the note, then you can't be harmed by nonpayment.
[29:16.000 --> 29:24.000]  If you have the right to receive the payment, but you're not protected by a security instrument,
[29:24.000 --> 29:29.000]  you cannot come forth before the court and sue under the, or make a claim under the security instrument.
[29:29.000 --> 29:38.000]  And the reason is this, because Fannie Mae did not purchase that intangible payment obligation from you, Francis.
[29:38.000 --> 29:47.000]  They purchased it from Chase. Chase originated that intangible payment obligation, which it sold to Fannie Mae,
[29:47.000 --> 29:53.000]  which recreated a second intangible obligation, which it sold to the investor.
[29:53.000 --> 29:55.000]  Hang on. We're about to go to break.
[29:55.000 --> 30:01.000]  Greg Kelton, Deborah Stevens, Joeske Vell, call in number 51264.
[30:01.000 --> 30:08.000]  Okay. Take a right turn at the gas station, then go two blocks, turn left on Main, and it's the third house.
[30:08.000 --> 30:12.000]  Oh, hi. Catherine Albert here, giving driving directions that involve left turns.
[30:12.000 --> 30:16.000]  Well, I still can. Details coming up.
[30:16.000 --> 30:21.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:26.000 --> 30:31.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.000 --> 30:34.000]  Privacy, it's worth hanging onto.
[30:34.000 --> 30:41.000]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:41.000 --> 30:44.000]  Start over with StartPage.
[30:44.000 --> 30:48.000]  A super street is a road where the left-hand turns are rerouted.
[30:48.000 --> 30:53.000]  Drivers instead have to make a right turn and then make a U-turn around a broad median.
[30:53.000 --> 31:01.000]  While this may seem silly and time-consuming, research shows a 20 percent overall reduction in travel time compared to conventional intersections.
[31:01.000 --> 31:10.000]  What's more, super street intersections have nearly 50 percent fewer reported automobile collisions and 63 percent fewer cases of personal injury.
[31:10.000 --> 31:19.000]  The super street concept has been around for over 20 years, but until now, little research had been done to assess its effectiveness under real-world conditions.
[31:19.000 --> 31:24.000]  Given the latest data, left turns may soon become an endangered species.
[31:24.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.000 --> 31:43.000]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.000 --> 31:46.000]  Over 6,000 of my fellow service members have given their lives.
[31:46.000 --> 31:48.000]  Thousands of my fellow first responders are dying.
[31:48.000 --> 31:50.000]  I'm not a conspiracy theorist.
[31:50.000 --> 31:51.000]  I'm a structural engineer.
[31:51.000 --> 31:52.000]  I'm a New York City correction officer.
[31:52.000 --> 31:53.000]  I'm an Air Force pilot.
[31:53.000 --> 31:55.000]  I'm a father who lost his son.
[31:55.000 --> 31:57.000]  We're Americans, and we deserve the truth.
[31:57.000 --> 32:01.000]  Go to RememberBuilding7.org today.
[32:01.000 --> 32:05.000]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.000 --> 32:12.000]  In today's America, we live in an us-against-them society, and if we the people are ever going to have a free society, then we're going to have to stand and defend our own rights.
[32:12.000 --> 32:17.000]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[32:17.000 --> 32:19.000]  and most importantly, the right to due process of law.
[32:19.000 --> 32:25.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[32:28.000 --> 32:35.000]  has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold courts to the rule of law.
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[33:24.000 --> 33:52.000]  Okay, we are back.
[33:52.000 --> 34:01.000]  Randy Kelton, Joe Esquivel, Deborah Stevens, Rule of Law Radio, and we're talking to Frances in Colorado.
[34:01.000 --> 34:05.000]  Ms. Gremlin, I see you there.
[34:05.000 --> 34:08.000]  We'll get you next, and we appreciate you holding on.
[34:08.000 --> 34:13.000]  She held on a long time last week and we weren't able to get to her, but we'll make sure we do this week.
[34:13.000 --> 34:15.000]  Okay, go ahead, Ms. Frances.
[34:15.000 --> 34:16.000]  Where were we?
[34:16.000 --> 34:17.000]  Oh, Joe, you were.
[34:17.000 --> 34:19.000]  I interrupted you going out.
[34:19.000 --> 34:20.000]  That's okay.
[34:20.000 --> 34:26.000]  I was just letting Frances know that she's got a lot of tools at her arsenal.
[34:26.000 --> 34:29.000]  She just needs to just pull them up and don't stop from using them.
[34:29.000 --> 34:30.000]  Use every one that you've got.
[34:30.000 --> 34:32.000]  You're doing a good job.
[34:32.000 --> 34:33.000]  Well, let me ask you.
[34:33.000 --> 34:41.000]  I went up on the Fannie Mae loan when you were talking to the gal in Hawaii, and we're not on there.
[34:41.000 --> 34:44.000]  Of course, the house has been foreclosed, but we're not in a Fannie Mae.
[34:44.000 --> 34:46.000]  I'm not finding anything.
[34:46.000 --> 34:50.000]  I thought you said Fannie Mae was sold to Fannie Mae.
[34:50.000 --> 34:52.000]  It was sold to Chase.
[34:52.000 --> 34:53.000]  Let's see.
[34:53.000 --> 35:00.000]  We had the lender, which is A, and Chase was the servicer, and then Chase was foreclosed on behalf of the lender
[35:00.000 --> 35:07.000]  and signed their purchase deed, which turned into a public trustee's confirmation deed.
[35:07.000 --> 35:09.000]  They signed it all over to Fannie Mae.
[35:09.000 --> 35:10.000]  All right.
[35:10.000 --> 35:14.000]  So was your loan a Fannie Mae loan?
[35:14.000 --> 35:16.000]  The paperwork did.
[35:16.000 --> 35:17.000]  Well, yes.
[35:17.000 --> 35:20.000]  The paperwork said Fannie Mae on the bottom that formed 3006.
[35:20.000 --> 35:21.000]  Right.
[35:21.000 --> 35:22.000]  That's what I'm saying.
[35:22.000 --> 35:25.000]  So all right.
[35:25.000 --> 35:26.000]  How can I put?
[35:26.000 --> 35:30.000]  Did you have an analysis or an audit done of your loan?
[35:30.000 --> 35:34.000]  I had a couple of them, and I'm not sure that either one of them was.
[35:34.000 --> 35:35.000]  There were three.
[35:35.000 --> 35:37.000]  I don't think any of them were good.
[35:37.000 --> 35:38.000]  All right.
[35:38.000 --> 35:47.000]  So right now, based on the actions that were taken, it would seem to me, again, I don't have your documents,
[35:47.000 --> 35:58.000]  but just on what you told me with Fannie Mae being sold your property, which was done in a set off, all right,
[35:58.000 --> 36:02.000]  Fannie Mae did purchase in the interest of your mortgage loan instrument.
[36:02.000 --> 36:10.000]  If you were to go onto the Fannie Mae website and do a loan lookup, put all your personal information, property information,
[36:10.000 --> 36:18.000]  it will tell you that the date that Fannie Mae purchased an interest in your instrument.
[36:18.000 --> 36:21.000]  It's not that that's because they already sold it.
[36:21.000 --> 36:24.000]  She needs to do it before they sell it.
[36:24.000 --> 36:25.000]  Okay.
[36:25.000 --> 36:30.000]  Well, now, currently, they hold a confirmation deed, and currently, they were the ones.
[36:30.000 --> 36:32.000]  Fannie Mae was the one who did the eviction.
[36:32.000 --> 36:35.000]  So when I'm going back down into the bankruptcy court...
[36:35.000 --> 36:36.000]  Correct.
[36:36.000 --> 36:41.000]  Have them prove what was it that they purchased.
[36:41.000 --> 36:44.000]  Are you named as a payee on the payee line?
[36:44.000 --> 36:46.000]  Are you named in public record?
[36:46.000 --> 36:47.000]  Yes or no?
[36:47.000 --> 36:49.000]  It's a real simple question.
[36:49.000 --> 36:50.000]  Okay.
[36:50.000 --> 37:02.000]  My question would be, on what date did Fannie Mae purchase an interest of my mortgage loan instrument?
[37:02.000 --> 37:07.000]  On what date did they purchase an interest of my mortgage loan instrument?
[37:07.000 --> 37:13.000]  Do you understand what the answer is going to be?
[37:13.000 --> 37:14.000]  Probably going to be...
[37:14.000 --> 37:16.000]  The answer will be an admission on their part.
[37:16.000 --> 37:17.000]  Oh, yes.
[37:17.000 --> 37:23.000]  That they purchased an interest of your mortgage loan instrument.
[37:23.000 --> 37:33.000]  They did not properly purchase and acquire the rights to the mortgage loan instrument as an entirety.
[37:33.000 --> 37:34.000]  Okay.
[37:34.000 --> 37:47.000]  In the bankruptcy proceedings, did Fannie Mae or any moving party produce a copy of the note as it exists today?
[37:47.000 --> 37:55.000]  In the eviction, they produced a physical copy of the note as it exists today.
[37:55.000 --> 37:57.000]  Do you have it?
[37:57.000 --> 37:59.000]  I do not.
[37:59.000 --> 38:00.000]  I do not.
[38:00.000 --> 38:03.000]  And it was not entered into the record.
[38:03.000 --> 38:04.000]  Why not?
[38:04.000 --> 38:07.000]  I, you know, I do not know.
[38:07.000 --> 38:08.000]  They didn't...
[38:08.000 --> 38:09.000]  I didn't...
[38:09.000 --> 38:14.000]  To tell you the truth, I was told that they brought it in and I wasn't properly prepared and I didn't...
[38:14.000 --> 38:19.000]  I mean, this was a year ago, so I've come a long way in a year, but I wasn't here then.
[38:19.000 --> 38:20.000]  Right.
[38:20.000 --> 38:21.000]  I would ask for...
[38:21.000 --> 38:22.000]  I'd like to...
[38:22.000 --> 38:23.000]  I don't care if it's the original.
[38:23.000 --> 38:24.000]  I don't need the original.
[38:24.000 --> 38:28.000]  I'd like to see a copy of the note that was introduced in a court.
[38:28.000 --> 38:30.000]  You have a right to it.
[38:30.000 --> 38:31.000]  Okay.
[38:31.000 --> 38:34.000]  Because I'm telling you what it's going to say.
[38:34.000 --> 38:39.000]  It's going to say, paid to the order of with an as of yet unnamed party.
[38:39.000 --> 38:41.000]  They filled in Chase.
[38:41.000 --> 38:43.000]  Home finance.
[38:43.000 --> 38:44.000]  That was filled...
[38:44.000 --> 38:47.000]  On the tangible promissory note?
[38:47.000 --> 38:48.000]  Yes.
[38:48.000 --> 38:52.000]  I don't think so because that goes against...
[38:52.000 --> 38:56.000]  Because then Fannie Mae would not have a claim.
[38:56.000 --> 38:58.000]  They don't do that.
[38:58.000 --> 39:01.000]  Chase was listed in the assignment possibly.
[39:01.000 --> 39:02.000]  Yes.
[39:02.000 --> 39:12.000]  Well, I have a copy of the back of the note that was handed to me on the day that they
[39:12.000 --> 39:17.000]  purportedly did the foreclosure and it had Chase home finance written in.
[39:17.000 --> 39:26.000]  And when I saw it on January 12th on the back of the last page and it had this page of the
[39:26.000 --> 39:32.000]  order of and it was filled in.
[39:32.000 --> 39:36.000]  That's something I'd have to see because I have yet to see that done because then Chase
[39:36.000 --> 39:42.000]  would have claim and Fannie Mae would have no claim.
[39:42.000 --> 39:44.000]  And you have a divided interest.
[39:44.000 --> 39:47.000]  And with the divided interest there is no holder in due course.
[39:47.000 --> 39:49.000]  And I would go to prudential standing.
[39:49.000 --> 39:51.000]  How did you acquire it?
[39:51.000 --> 39:54.000]  And what did you acquire?
[39:54.000 --> 39:55.000]  And when.
[39:55.000 --> 40:03.000]  Because pursuant to 9312 there must be evidence in a timely fashion.
[40:03.000 --> 40:11.000]  There is a temporary perfection under uniform commercial code and that's for a period of
[40:11.000 --> 40:12.000]  20 days.
[40:12.000 --> 40:19.000]  And on day 21 by operation of law, if the tangible has not been perfected, then by
[40:19.000 --> 40:26.000]  operation of law the tangible becomes an unperfected obligation.
[40:26.000 --> 40:27.000]  Correct.
[40:27.000 --> 40:28.000]  I made that argument.
[40:28.000 --> 40:32.000]  But what I didn't catch was this what we just now talked about because Chase home finance
[40:32.000 --> 40:35.000]  was filled in in that endorsement in blank.
[40:35.000 --> 40:37.000]  It's not endorsement in blank.
[40:37.000 --> 40:38.000]  No.
[40:38.000 --> 40:44.000]  Their name was at the bottom when it said the party that did it.
[40:44.000 --> 40:50.000]  Let me ask you this, on that stamping on the back, did it say pay to the order of Chase
[40:50.000 --> 40:56.000]  financial and then some employee for Chase or reported employee for Chase signed for
[40:56.000 --> 40:57.000]  it?
[40:57.000 --> 40:59.000]  Is that what we're saying?
[40:59.000 --> 41:00.000]  No.
[41:00.000 --> 41:04.000]  Or Chase's name was underneath it and they signed it.
[41:04.000 --> 41:06.000]  Well, no.
[41:06.000 --> 41:08.000]  Pay to the order of who?
[41:08.000 --> 41:09.000]  That's my question.
[41:09.000 --> 41:12.000]  Pay to the order of who?
[41:12.000 --> 41:15.000]  We don't care about right now, we don't care about who signed it.
[41:15.000 --> 41:17.000]  Pay to the order of who?
[41:17.000 --> 41:20.000]  Chase home finance LLC.
[41:20.000 --> 41:21.000]  Okay.
[41:21.000 --> 41:23.000]  Then Chase should have signed it.
[41:23.000 --> 41:28.000]  That would have been a proper endorsement, which brings the question where in God's green
[41:28.000 --> 41:32.000]  earth is Fannie Mae coming from?
[41:32.000 --> 41:39.000]  If it was truly endorsed to Chase, then Fannie Mae doesn't have a dog in the hunt and they
[41:39.000 --> 41:44.000]  cannot claim to be an injured party, so they cannot foreclose.
[41:44.000 --> 41:48.000]  We really need to see a copy of that, the back of that note.
[41:48.000 --> 41:51.000]  So now how do I go about getting that?
[41:51.000 --> 41:53.000]  So I have a copy of it before it was filled in.
[41:53.000 --> 41:58.000]  That's what I got with all of my qualified written requests was a copy of that with that stamp.
[41:58.000 --> 42:04.000]  Then in December of 2010, I had just a piece of paper that wasn't the entire note.
[42:04.000 --> 42:06.000]  I mean, it could have been anything, but it was that stamp.
[42:06.000 --> 42:07.000]  That's fine.
[42:07.000 --> 42:10.000]  Do you still have that piece of paper?
[42:10.000 --> 42:14.000]  I have everything but what was shown in the court on 12-12-12.
[42:14.000 --> 42:18.000]  But you have a copy of the note as it was presented.
[42:18.000 --> 42:20.000]  No.
[42:20.000 --> 42:24.000]  But she doesn't have that copy that was evidenced in the court.
[42:24.000 --> 42:27.000]  Right, because it never made it into evidence.
[42:27.000 --> 42:34.000]  Am I correct or incorrect in assuming that you just said that you still have a copy of
[42:34.000 --> 42:38.000]  whatever they wanted to enter into court?
[42:38.000 --> 42:40.000]  I have a copy of, well, no.
[42:40.000 --> 42:43.000]  I have a copy of what came from my qualified written request,
[42:43.000 --> 42:46.000]  which had just a blank stamp with no one filled in.
[42:46.000 --> 42:48.000]  Okay, perfect.
[42:48.000 --> 42:49.000]  Perfect.
[42:49.000 --> 42:50.000]  Stop right there.
[42:50.000 --> 42:52.000]  You got what you need.
[42:52.000 --> 42:53.000]  Okay.
[42:53.000 --> 42:54.000]  You got it.
[42:54.000 --> 42:55.000]  Okay.
[42:55.000 --> 43:00.000]  Well, I did actually include that in my exhibits in my bankruptcy motion
[43:00.000 --> 43:02.000]  that I just filed on Monday afternoon.
[43:02.000 --> 43:04.000]  So...
[43:04.000 --> 43:05.000]  Excellent.
[43:05.000 --> 43:08.000]  Just claim that it's an incomplete stamping.
[43:08.000 --> 43:17.000]  Go to Colorado's 43204 and 43205 and 43206,
[43:17.000 --> 43:22.000]  and those are the statutes for endorsements, special endorsements,
[43:22.000 --> 43:24.000]  and blank endorsements.
[43:24.000 --> 43:28.000]  And understand what an endorsement is.
[43:28.000 --> 43:32.000]  An endorsement is a signature.
[43:32.000 --> 43:34.000]  Okay.
[43:34.000 --> 43:35.000]  All right.
[43:35.000 --> 43:36.000]  Does that help you?
[43:36.000 --> 43:37.000]  All right.
[43:37.000 --> 43:38.000]  Yes, it does.
[43:38.000 --> 43:40.000]  I just have one more question, and it's just about bankruptcy,
[43:40.000 --> 43:42.000]  and you may or may not be able to answer it.
[43:42.000 --> 43:44.000]  Then I'll let the next person go.
[43:44.000 --> 43:45.000]  All right.
[43:45.000 --> 43:46.000]  Well, I'll tell you what.
[43:46.000 --> 43:49.000]  Why don't we take that when we come back from break.
[43:49.000 --> 43:51.000]  We're getting ready to go to break.
[43:51.000 --> 43:53.000]  And we've got a few more callers on the bridge.
[43:53.000 --> 43:55.000]  I see you, Ms. Gremlin.
[43:55.000 --> 43:57.000]  So we'll get back to you right after break.
[43:57.000 --> 43:58.000]  All right.
[43:58.000 --> 44:00.000]  Well, Randy Kelton, Lula Blah Radio.
[44:00.000 --> 44:02.000]  Right.
[44:02.000 --> 44:03.000]  Hello.
[44:03.000 --> 44:06.000]  My name is Stuart Smith from naturespureorganics.com,
[44:06.000 --> 44:10.000]  and I would like to invite you to come by our store at 1904 Guadalupe Street,
[44:10.000 --> 44:14.000]  Sweet D here in Austin, Texas, hiring Brave New Books and Chase Tank
[44:14.000 --> 44:18.000]  to see all our fantastic health and wellness products with your very own eyes.
[44:18.000 --> 44:22.000]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
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[44:24.000 --> 44:30.000]  including our Australian emu oil, lotion candles, olive oil soaps, and colloidal silver and gold.
[44:30.000 --> 44:37.000]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.000 --> 44:43.000]  That's 512-264-4043, naturespureorganics.com.
[44:43.000 --> 44:47.000]  Don't forget to like us on Facebook for information on events and our products.
[44:47.000 --> 45:01.000]  Naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:02.000 --> 46:25.000]  MUSIC
[46:25.000 --> 46:30.000]  Always I must be careful what I'm wishing for
[46:30.000 --> 46:35.000]  When I'm hungry, I like to know just what I'm fishing for
[46:35.000 --> 46:41.000]  I ain't asking for much, I ain't trying to be no glutton
[46:41.000 --> 46:47.000]  I'm just here making my living, pushing buttons
[46:47.000 --> 46:52.000]  I give my message, I'll do anyone in child and distance
[46:52.000 --> 46:58.000]  I'm both for bravery and against slavery, showing resistance
[46:58.000 --> 47:01.000]  First I'm going, then I'm going
[47:01.000 --> 47:05.000]  Okay, Frances, this is Joe Esquivel back at you.
[47:05.000 --> 47:13.000]  So we've gone over quite a bit, and right now we just need to find out
[47:13.000 --> 47:19.000]  exactly who had what with your note.
[47:19.000 --> 47:21.000]  So does that make sense?
[47:21.000 --> 47:27.000]  Yes. So do I ask Chase to see that? Do I ask the attorneys that presented it?
[47:27.000 --> 47:32.000]  I would ask the attorneys that presented it.
[47:32.000 --> 47:35.000]  You know, I mean, you're entitled to a copy.
[47:35.000 --> 47:39.000]  You don't necessarily need the original. Fine.
[47:39.000 --> 47:43.000]  I'd like to see a copy of what was entered into court.
[47:43.000 --> 47:45.000]  You've got every right to it.
[47:45.000 --> 47:53.000]  I'm not sure if there's, perhaps Randy could have a legal procedure as far as how to acquire it.
[47:53.000 --> 48:03.000]  I was thinking about that. This is after a case has already been adjudicated.
[48:03.000 --> 48:09.000]  You may be able to push for it in the foreclosure hearing.
[48:09.000 --> 48:16.000]  I mean, in the bankruptcy, you have claimed the property is unsecured.
[48:16.000 --> 48:18.000]  They'll come in and claim that it is secured.
[48:18.000 --> 48:23.000]  Then you can ask for discovery. It should be able to get it discovered.
[48:23.000 --> 48:25.000]  Okay. That sounds good.
[48:25.000 --> 48:32.000]  Okay. And then on just bankruptcy, does anybody know the timing of an inheritance?
[48:32.000 --> 48:39.000]  To be specific, my dad passed 63 days before we filed our bankruptcy, Chapter 7.
[48:39.000 --> 48:46.000]  And so the inheritance, there was a changed-up will, and I wasn't to get anything.
[48:46.000 --> 48:51.000]  And we challenged that to go back to a will that was written in the 80s.
[48:51.000 --> 48:58.000]  And so does anybody know what the rules are about the timing of that inheritance?
[48:58.000 --> 49:04.000]  I know that I inherited something after the 180 days, and that cannot be the property of the trustee,
[49:04.000 --> 49:06.000]  no how, no way, no nothing.
[49:06.000 --> 49:08.000]  And I've argued that in a motion.
[49:08.000 --> 49:18.000]  There's another inheritance, and the personal representative has inserted himself through an attorney in Denver
[49:18.000 --> 49:23.000]  into the bankruptcy case and is having another attorney.
[49:23.000 --> 49:26.000]  It's gotten all of a sudden very convoluted.
[49:26.000 --> 49:34.000]  And it goes to a crime that the personal representative has done with that probate estate.
[49:34.000 --> 49:39.000]  And so I'm just a little, I'm more than a little, I don't know how to proceed,
[49:39.000 --> 49:46.000]  and I'm proceeding on my own because the bankruptcy attorney that we had didn't disclose the death of my dad at all.
[49:46.000 --> 49:51.000]  That's one of the reasons we had to reopen the bankruptcy case.
[49:51.000 --> 49:55.000]  So did I, I probably didn't ask that question very well.
[49:55.000 --> 50:00.000]  You stumped this job, bankruptcy and probate, out of me?
[50:00.000 --> 50:02.000]  I'm not sure as far as in there.
[50:02.000 --> 50:04.000]  I couldn't answer that question.
[50:04.000 --> 50:05.000]  Okay.
[50:05.000 --> 50:06.000]  Well, no problem.
[50:06.000 --> 50:07.000]  I just thought I'd ask it.
[50:07.000 --> 50:08.000]  So thank you so much.
[50:08.000 --> 50:12.000]  And Randy, I just sent my motion that I just filed into the bankruptcy court to you by Skype,
[50:12.000 --> 50:22.000]  and I need to get in touch with Joe to get, I need to get your stuff done so that I can proceed with my feet well up underneath me, Joe.
[50:22.000 --> 50:23.000]  All right.
[50:23.000 --> 50:28.000]  Again, you can go to our website, mortgagecomplianceinvestigators.com.
[50:28.000 --> 50:29.000]  Okay.
[50:29.000 --> 50:30.000]  All right.
[50:30.000 --> 50:31.000]  Yep.
[50:31.000 --> 50:37.000]  And then you can also send an email to info at mortgagecomplianceinvestigators.com.
[50:37.000 --> 50:38.000]  Okay.
[50:38.000 --> 50:41.000]  And I just want you to know that I'm one of Randy's people.
[50:41.000 --> 50:43.000]  I know you are.
[50:43.000 --> 50:44.000]  Yeah.
[50:44.000 --> 50:49.000]  When you do that, he'll charge you double.
[50:49.000 --> 50:54.000]  I'm just bracing myself for it.
[50:54.000 --> 50:56.000]  Thank you, guys.
[50:56.000 --> 50:57.000]  All right.
[50:57.000 --> 51:02.000]  And no, Ms. Francis, I didn't warn him about you, he does not want you on his case.
[51:02.000 --> 51:03.000]  That's true.
[51:03.000 --> 51:10.000]  You know, the slow week, I only filed 12 bar grievances and eight judicial complaints along with my bankruptcy motion
[51:10.000 --> 51:18.000]  and the next bankruptcy motion to the bankruptcy court to get him to let loose of my alleged inheritance from my aunt.
[51:18.000 --> 51:20.000]  So it's been kind of a slow week.
[51:20.000 --> 51:25.000]  I'm going to take tomorrow off.
[51:25.000 --> 51:27.000]  You got a day off.
[51:27.000 --> 51:28.000]  You're lucky.
[51:28.000 --> 51:29.000]  Okay.
[51:29.000 --> 51:31.000]  Thank you very much, Ms. Francis.
[51:31.000 --> 51:33.000]  You're always a hoot.
[51:33.000 --> 51:34.000]  Okay.
[51:34.000 --> 51:41.000]  Now we're going to go to Ms. Dremlin in Texas.
[51:41.000 --> 51:42.000]  Hello, Ms. Dremlin.
[51:42.000 --> 51:44.000]  We finally get to you.
[51:44.000 --> 51:45.000]  Yeah.
[51:45.000 --> 51:46.000]  And I can't talk long.
[51:46.000 --> 51:51.000]  I have to leave actually very shortly at 11 to go to work, but that's all fine.
[51:51.000 --> 51:57.000]  I have a question on you were talking, speaking earlier about the authorization to a cell.
[51:57.000 --> 52:03.000]  What is the difference between that and when the rights to your servicing transfers?
[52:03.000 --> 52:06.000]  Is that a true cell or not a true cell?
[52:06.000 --> 52:09.000]  That's not necessarily a cell at all.
[52:09.000 --> 52:11.000]  That's a transfer of rights.
[52:11.000 --> 52:13.000]  And again, what's transferred?
[52:13.000 --> 52:17.000]  The servicer is for the most part, he's just a contractor,
[52:17.000 --> 52:21.000]  somebody that you can send payments to,
[52:21.000 --> 52:25.000]  and then he's to distribute the payments wherever they're supposed to be.
[52:25.000 --> 52:33.000]  He does not necessarily hold any ownership of the debt of any kind.
[52:33.000 --> 52:34.000]  Okay, because...
[52:34.000 --> 52:36.000]  Not necessarily.
[52:36.000 --> 52:41.000]  Well, I have a letter said, Aquin Loan Servicing is my current servicer,
[52:41.000 --> 52:45.000]  and I have a letter saying that they do not hold the mortgage.
[52:45.000 --> 52:54.000]  My mortgage note has many owners because it is sold in a trustee pool.
[52:54.000 --> 52:58.000]  I know my loan was securitized in 2003.
[52:58.000 --> 53:05.000]  My original was AmeriQuest mortgage, and I had my pooling servicing, and I've read it.
[53:05.000 --> 53:09.000]  In 2009, there was an assignment recorded in Williamson County Land Records,
[53:09.000 --> 53:15.000]  which I wasn't aware of until just last year around August of 2012
[53:15.000 --> 53:17.000]  because we had that audit done here in Williamson County
[53:17.000 --> 53:20.000]  when we found all the issues of the land records.
[53:20.000 --> 53:23.000]  In fact, I was the one that brought a lot of the issues to their attention.
[53:23.000 --> 53:30.000]  But anyway, actually, the DA was on my computer looking up my land records stuff.
[53:30.000 --> 53:34.000]  That's a different story for maybe another time when I have more time.
[53:34.000 --> 53:37.000]  Anyway, AmeriQuest is gone.
[53:37.000 --> 53:42.000]  They were sued by all the attorney generals for all kinds of issues.
[53:42.000 --> 53:47.000]  They closed between 2005 and 2006, I believe.
[53:47.000 --> 53:51.000]  Okay, from then on, city residents...
[53:51.000 --> 53:52.000]  Okay, wait a minute.
[53:52.000 --> 53:55.000]  They closed in 2005?
[53:55.000 --> 53:57.000]  When was the assignment made?
[53:57.000 --> 54:02.000]  I had the court date, 2009.
[54:02.000 --> 54:05.000]  Steve, you want to address that?
[54:05.000 --> 54:09.000]  Well, I was going to chime in and make real short work of it
[54:09.000 --> 54:13.000]  since you've got to go to work.
[54:13.000 --> 54:18.000]  Since you're involved in the Williamson County debacle up there,
[54:18.000 --> 54:21.000]  I'm very well aware of this.
[54:21.000 --> 54:24.000]  I know the guy that did all the audits up there for them.
[54:24.000 --> 54:27.000]  He's also the author of a book called Clouded Titles.
[54:27.000 --> 54:31.000]  Yeah, you're talking about David and I talk often.
[54:31.000 --> 54:35.000]  Yes, okay, now you have...
[54:35.000 --> 54:39.000]  I'm going to go out on a limb and presume that you have no doubt,
[54:39.000 --> 54:45.000]  particularly since you've got a party saying that several people own your loan,
[54:45.000 --> 54:47.000]  that your title is clouded.
[54:47.000 --> 54:48.000]  Is that correct?
[54:48.000 --> 54:50.000]  Absolutely, absolutely.
[54:50.000 --> 54:52.000]  All right, all right, hang on.
[54:52.000 --> 54:53.000]  Bear with me here.
[54:53.000 --> 54:54.000]  I'm going to make real short work of this.
[54:54.000 --> 54:56.000]  You mentioned true sale.
[54:56.000 --> 55:01.000]  There can be no true sale without a perfected lien, keeping in mind
[55:01.000 --> 55:06.000]  that Texas is not a title theory state, it is a lien theory state.
[55:06.000 --> 55:09.000]  There is no true sale without a perfected lien,
[55:09.000 --> 55:13.000]  and you cannot perfect a lien under a clouded title, period.
[55:13.000 --> 55:14.000]  Okay, right.
[55:14.000 --> 55:16.000]  End of story.
[55:16.000 --> 55:21.000]  Well, I absolutely know without a doubt because even the assignment that was done
[55:21.000 --> 55:27.000]  in 2009 was with the alleged robo-assigner Brian Bly from Nationwide Title,
[55:27.000 --> 55:28.000]  and they've already...
[55:28.000 --> 55:30.000]  Brian Bly.
[55:30.000 --> 55:32.000]  Everybody's a good friend.
[55:32.000 --> 55:37.000]  And Crystal Moore, she's on there also, and they were assigning to Dutch Bank.
[55:37.000 --> 55:38.000]  So Dutch Bank's...
[55:38.000 --> 55:39.000]  Okay.
[55:39.000 --> 55:43.000]  And the assignment was done in 2009 after MarraQuest is closed.
[55:43.000 --> 55:49.000]  The assignment was done, here's the situation, from city residential to Dutch Bank
[55:49.000 --> 55:53.000]  as attorney in fact from MarraQuest.
[55:53.000 --> 55:57.000]  Right, but none of that is of any consequence.
[55:57.000 --> 56:03.000]  Again, you're going down the path of who owns my note, who cares?
[56:03.000 --> 56:05.000]  We're not talking ownership.
[56:05.000 --> 56:08.000]  We're talking the assignment of rights.
[56:08.000 --> 56:11.000]  Who has the right to enforce this?
[56:11.000 --> 56:13.000]  Who is Pete?
[56:13.000 --> 56:14.000]  Where is Pete?
[56:14.000 --> 56:16.000]  When did Pete come into play?
[56:16.000 --> 56:19.000]  Is Pete even alive in this situation?
[56:19.000 --> 56:21.000]  It doesn't sound like it to me.
[56:21.000 --> 56:25.000]  Who is Pete already entitled to enforce?
[56:25.000 --> 56:26.000]  Right.
[56:26.000 --> 56:27.000]  Pete?
[56:27.000 --> 56:33.000]  Office of Loan Servicing is now my servicer, and I'm not in foreclosure.
[56:33.000 --> 56:35.000]  Nobody's moved on me.
[56:35.000 --> 56:38.000]  They actually stopped taking my payments in June.
[56:38.000 --> 56:40.000]  They sent them back.
[56:40.000 --> 56:42.000]  So here's the situation.
[56:42.000 --> 56:47.000]  So now, I've been sending out letters to them to prove up who has ownership.
[56:47.000 --> 56:48.000]  Whoa, whoa, whoa.
[56:48.000 --> 56:50.000]  Wait a minute, wait a minute.
[56:50.000 --> 56:52.000]  Okay, how did you tender payment?
[56:52.000 --> 56:55.000]  By check?
[56:55.000 --> 56:57.000]  Always by check, yes.
[56:57.000 --> 57:03.000]  Okay, did they send you your check back or did they send you a reimbursement on their check?
[57:03.000 --> 57:07.000]  No, they sent my check back, literally.
[57:07.000 --> 57:13.600]  Okay, okay, that's rare, but yes, then they can say that they did not accept your payment.
[57:13.600 --> 57:20.120]  What I was going to, and this will pertain to a lot of people, if you send a check off
[57:20.120 --> 57:25.080]  of your bank account and they send one back on their bank account saying, hey, we can't
[57:25.080 --> 57:27.960]  accept your payment, they've accepted it.
[57:27.960 --> 57:32.640]  But you're telling me that they sent your check back and said, hey, we can't take this.
[57:32.640 --> 57:41.720]  But if payment tendered is payment made, that's in UCC, I don't remember exactly where it's
[57:41.720 --> 57:48.000]  at, but she tendered payment when they refused to accept it.
[57:48.000 --> 57:50.560]  At that point, you got to ask, what do I owe you?
[57:50.560 --> 57:51.560]  Do I owe you anything?
[57:51.560 --> 57:52.560]  Oh, yeah, a combination letter then.
[57:52.560 --> 57:53.560]  Exactly.
[57:53.560 --> 57:54.560]  See, I did that before.
[57:54.560 --> 57:57.560]  If you're not going to take my money, I'm going to say we're even.
[57:57.560 --> 57:58.560]  That's right.
[57:58.560 --> 58:03.120]  And that's where the process, the other thing I have to go through is I'm not in foreclosure.
[58:03.120 --> 58:05.120]  So what should I do?
[58:05.120 --> 58:07.120]  What should I file first?
[58:07.120 --> 58:09.120]  You have validation letter.
[58:09.120 --> 58:10.120]  No, no.
[58:10.120 --> 58:11.120]  Absolutely.
[58:11.120 --> 58:14.120]  I have all that in court.
[58:14.120 --> 58:17.120]  Do I file on them in court?
[58:17.120 --> 58:18.120]  Okay, hang on.
[58:18.120 --> 58:20.560]  We'll talk about that when we come back on the other side.
[58:20.560 --> 58:26.280]  This is Randy Kelton, Deborah Stevens, Joe Esquivel, Rule of Law Radio, our call-in number
[58:26.280 --> 58:29.480]  512-646-1984.
[58:29.480 --> 58:30.480]  Give us a call.
[58:30.480 --> 58:35.320]  We're going to our talk of the hour break, so we'll take a couple of minutes, but we're
[58:35.320 --> 58:37.560]  going toward our last hour.
[58:37.560 --> 58:41.720]  We have Mark, Tommy, Grant, I see all of you.
[58:41.720 --> 58:50.480]  We will pick you up when we come back on the other side.
[58:50.480 --> 58:54.280]  Would you like to make more definite progress in your walk with God?
[58:54.280 --> 58:59.800]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.800 --> 59:01.160]  can really help.
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[59:05.600 --> 59:06.600]  today.
[59:06.600 --> 59:10.520]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.520 --> 59:13.640]  to know God and to know the meaning of life.
[59:13.640 --> 59:18.880]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.880 --> 59:23.160]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.160 --> 59:28.080]  of salvation, growing in Christ, and how to build up the church.
[59:28.080 --> 59:33.080]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:33.080 --> 59:45.880]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit
[59:45.880 --> 59:48.440]  us online at bfa.org.
[59:48.440 --> 01:00:03.680]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.680 --> 01:00:09.440]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[01:00:09.440 --> 01:00:11.800]  Online at thelibertybeat.com.
[01:00:11.800 --> 01:00:17.400]  I'm Brian Hagan with your Liberty Beat for Friday, November 1st, 2013.
[01:00:17.400 --> 01:00:28.600]  Gold opened today at $1,313, silver at $21.85, and bitcoin is trading at $203.54.
[01:00:28.600 --> 01:00:33.560]  Support for the Liberty Beat comes from Brave New Books, your local source for One World
[01:00:33.560 --> 01:00:41.240]  Way, Tangy Tangerine 2.0, and Clearly Filtered, in Austin at 1904 Guadalupe Street, and online
[01:00:41.240 --> 01:00:43.880]  at bravenewbookstore.com.
[01:00:43.880 --> 01:00:48.760]  That also comes from Austin Animal Clinic, celebrating their 59th year of quality compassionate
[01:00:48.760 --> 01:01:01.400]  pet care, in Austin at 4330 North Lamar Boulevard, by phone at 512-453-6686, and online at austinanimalclinic.com.
[01:01:01.400 --> 01:01:06.240]  And now, today in the news, United States Secretary of State John Kerry admits that
[01:01:06.240 --> 01:01:10.520]  the federal government's espionage program has gone too far.
[01:01:10.520 --> 01:01:15.960]  According to The Guardian, his remarks came during a video conference to London yesterday.
[01:01:15.960 --> 01:01:21.480]  Kerry, who says the spying program was on automatic pilot, says some of the actions
[01:01:21.480 --> 01:01:25.960]  went too far, and promised they won't happen again.
[01:01:25.960 --> 01:01:33.220]  Meanwhile, in related news, NSA whistleblower Edward Snowden will testify regarding the
[01:01:33.220 --> 01:01:36.000]  tapping of the German Chancellor's phone.
[01:01:36.000 --> 01:01:40.960]  The Daily Mail reports that Snowden has informed German officials he is prepared to offer the
[01:01:40.960 --> 01:01:44.520]  testimony at a possible future public inquiry.
[01:01:44.520 --> 01:01:48.680]  Prosecutors have hinted they are prepared to defy an American extradition request, clearing
[01:01:48.680 --> 01:01:54.280]  the way for Snowden to travel to Germany.
[01:01:54.280 --> 01:01:59.080]  While food stamp cuts begin today, that happens as an increase in funding, approved during
[01:01:59.080 --> 01:02:04.320]  the recession era, expires, leaving 48 million Americans with less funding from the SNAP
[01:02:04.320 --> 01:02:05.680]  program.
[01:02:05.680 --> 01:02:10.420]  The 13.6 percent cut means a near $36 monthly reduction.
[01:02:10.420 --> 01:02:16.160]  The Associated Press reports that costs for the program have increased more than 358 percent
[01:02:16.160 --> 01:02:17.160]  since 2000.
[01:02:17.160 --> 01:02:24.040]  Now, the Cato Institute says a lack of eligibility requirements have led to that jump.
[01:02:24.040 --> 01:02:26.720]  Support for the Liberty Beam comes from Cabo Bops.
[01:02:26.720 --> 01:02:30.560]  Check out their new location at 29th and Rio Grande between Guadalupe and Lamar.
[01:02:30.560 --> 01:02:37.760]  Give them a call 512-432-1111 or online at CaboBops.com.
[01:02:37.760 --> 01:02:43.000]  Support also comes from Central Texas Gun Works, CHL Courses, Self Defense Training
[01:02:43.000 --> 01:02:50.120]  and Firearms Sales, online at CentralTexasGunWorks.com.
[01:02:50.120 --> 01:02:54.840]  This is the Liberty Beam for Friday, November 1st, 2013.
[01:02:54.840 --> 01:03:01.840]  Be sure to check out the website at TheLibertyBeam.com.
[01:03:24.840 --> 01:03:36.760]  OK.
[01:03:36.760 --> 01:03:37.760]  We are back.
[01:03:37.760 --> 01:03:44.040]  Brandon Kelton and Deborah Stevens, Joe Esquivel, and we're talking to Ms. Dremlin, and we need
[01:03:44.040 --> 01:03:45.040]  to hurry here.
[01:03:45.040 --> 01:03:51.160]  There's a whole bunch of questions I need to ask you about what your position is, and
[01:03:51.160 --> 01:03:56.480]  I do apologize if I don't know you and work at a level next time, tell our producer and
[01:03:56.480 --> 01:03:58.560]  we'll make sure we bring you up sooner.
[01:03:58.560 --> 01:04:02.520]  And if you get in trouble, just have your boss call into the show and we'll get him
[01:04:02.520 --> 01:04:03.520]  straightened out.
[01:04:03.520 --> 01:04:04.520]  OK.
[01:04:04.520 --> 01:04:05.520]  We will.
[01:04:05.520 --> 01:04:06.520]  Yeah, we absolutely.
[01:04:06.520 --> 01:04:09.520]  Tell him we'll make him infamous.
[01:04:09.520 --> 01:04:11.000]  All righty.
[01:04:11.000 --> 01:04:12.000]  OK.
[01:04:12.000 --> 01:04:13.520]  If you are not in foreclosure.
[01:04:13.520 --> 01:04:14.800]  Not yet.
[01:04:14.800 --> 01:04:17.480]  But you're, but they're not accepting your payments.
[01:04:17.480 --> 01:04:21.400]  Is there a reason they're not accepting your payments that they're stating?
[01:04:21.400 --> 01:04:26.120]  Well, basically, they won't even converse with me now.
[01:04:26.120 --> 01:04:27.120]  They won't.
[01:04:27.120 --> 01:04:29.360]  I can't even go on their site and make a payment.
[01:04:29.360 --> 01:04:34.560]  They're just, they're just not accepting it, period.
[01:04:34.560 --> 01:04:35.720]  OK.
[01:04:35.720 --> 01:04:39.680]  I need to look at an administrative remedy here.
[01:04:39.680 --> 01:04:40.680]  They don't want your payment.
[01:04:40.680 --> 01:04:41.680]  They want your house.
[01:04:41.680 --> 01:04:44.480]  Yeah, they want your house and they're trying to do different things.
[01:04:44.480 --> 01:04:45.480]  Yes.
[01:04:45.480 --> 01:04:47.680]  They want you into foreclosure.
[01:04:47.680 --> 01:04:49.800]  Oh, exactly.
[01:04:49.800 --> 01:04:59.120]  I would suggest at this point is first, I need to see what is actually filed in the
[01:04:59.120 --> 01:05:00.120]  public record.
[01:05:00.120 --> 01:05:06.760]  I can give you a better idea, but you might look at filing a petition for declaratory
[01:05:06.760 --> 01:05:15.040]  judgment, addressing some of these documents that the clerks are complaining about, specifically
[01:05:15.040 --> 01:05:16.880]  the deed of trust.
[01:05:16.880 --> 01:05:19.760]  Do you have a merge in your deed of trust?
[01:05:19.760 --> 01:05:20.760]  No, I don't.
[01:05:20.760 --> 01:05:21.760]  I do not have.
[01:05:21.760 --> 01:05:22.760]  Is it an FHA loan?
[01:05:22.760 --> 01:05:23.760]  I don't.
[01:05:23.760 --> 01:05:24.760]  I have conventional.
[01:05:24.760 --> 01:05:25.760]  OK.
[01:05:25.760 --> 01:05:26.760]  Yes.
[01:05:26.760 --> 01:05:27.760]  Do you have any assignments in the record?
[01:05:27.760 --> 01:05:28.760]  Just the one.
[01:05:28.760 --> 01:05:29.760]  No.
[01:05:29.760 --> 01:05:32.760]  In 2009, given a recipe given to Dutch and both Dutch was gone, AmeriQuest was gone.
[01:05:32.760 --> 01:05:33.760]  Everybody was gone.
[01:05:33.760 --> 01:05:34.760]  OK.
[01:05:34.760 --> 01:05:35.760]  Hold on.
[01:05:35.760 --> 01:05:36.760]  Stop.
[01:05:36.760 --> 01:05:37.760]  Stop.
[01:05:37.760 --> 01:05:38.760]  Stop.
[01:05:38.760 --> 01:05:39.760]  Stop.
[01:05:39.760 --> 01:05:54.800]  Is the name of the entity that made the assignment the name of the entity who made the original
[01:05:54.800 --> 01:05:55.800]  loan?
[01:05:55.800 --> 01:05:56.800]  No.
[01:05:56.800 --> 01:06:09.520]  Is there an appointment of, you know, a transfer of the security instrument to the entity who
[01:06:09.520 --> 01:06:13.680]  purports to make the loan, make the assignment?
[01:06:13.680 --> 01:06:18.200]  Say that one more time.
[01:06:18.200 --> 01:06:24.680]  Is there something in the record showing that the entity who purported to make the assignment,
[01:06:24.680 --> 01:06:31.080]  is there something in the record showing that they have authority to do that, like a...
[01:06:31.080 --> 01:06:34.920]  Just that this is attorney in fact in the assignment.
[01:06:34.920 --> 01:06:38.280]  They have not given me any documentation that I've requested.
[01:06:38.280 --> 01:06:39.280]  OK.
[01:06:39.280 --> 01:06:40.280]  Listen.
[01:06:40.280 --> 01:06:41.280]  Listen.
[01:06:41.280 --> 01:06:42.280]  You don't want documentation from them.
[01:06:42.280 --> 01:06:43.280]  OK.
[01:06:43.280 --> 01:06:44.280]  OK.
[01:06:44.280 --> 01:06:49.440]  The only thing that counts is what's filed in the public record.
[01:06:49.440 --> 01:06:50.440]  OK.
[01:06:50.440 --> 01:06:53.440]  It's not in...
[01:06:53.440 --> 01:06:54.440]  13.001.
[01:06:54.440 --> 01:07:06.440]  A claim not acknowledged, not to see, acknowledged or proven and properly filed in the public
[01:07:06.440 --> 01:07:09.440]  record is void as to the holder.
[01:07:09.440 --> 01:07:10.480]  OK.
[01:07:10.480 --> 01:07:17.400]  So we don't want to forgive them to give us notice that they have a claim.
[01:07:17.400 --> 01:07:18.680]  Right.
[01:07:18.680 --> 01:07:21.800]  We don't want to know about it unless it's in that public record.
[01:07:21.800 --> 01:07:25.320]  If it's not in the public record, it's toilet paper.
[01:07:25.320 --> 01:07:29.640]  But there's nothing in the public record.
[01:07:29.640 --> 01:07:34.440]  Then petition for declaratory judgment to strike any documents that they've filed based
[01:07:34.440 --> 01:07:35.440]  on that fact.
[01:07:35.440 --> 01:07:36.440]  OK.
[01:07:36.440 --> 01:07:42.960]  Once you can get a ruling that the document is void, and you might go to the clerk and
[01:07:42.960 --> 01:07:49.600]  say, look, if you want these people to do the proper filings, then I'd like you to come
[01:07:49.600 --> 01:07:54.120]  to court and testify that this document is improper.
[01:07:54.120 --> 01:08:02.440]  If the judge sees the clerk arguing in your favor, that's going to get you lots of politics.
[01:08:02.440 --> 01:08:14.040]  And if you can get the clerk to understand that, if I kick their behinds for not doing
[01:08:14.040 --> 01:08:20.600]  the proper filings, now they got reason to get their behinds in here and file stuff the
[01:08:20.600 --> 01:08:24.040]  way they should have in first place.
[01:08:24.040 --> 01:08:31.080]  This is a different way to skin that cat rather than sue them directly.
[01:08:31.080 --> 01:08:35.640]  So if you can get the clerk on your side, she may get the judge to give you your declaratory
[01:08:35.640 --> 01:08:36.640]  judgment.
[01:08:36.640 --> 01:08:43.640]  Once you have the declaratory judgment, then you can go in and sue them for a quiet title.
[01:08:43.640 --> 01:08:44.640]  Right.
[01:08:44.640 --> 01:08:47.240]  That's what I was thinking.
[01:08:47.240 --> 01:08:49.360]  Don't do quiet title first.
[01:08:49.360 --> 01:08:51.040]  Get your declaratory judgment first.
[01:08:51.040 --> 01:08:52.040]  Get their documents trashed.
[01:08:52.040 --> 01:08:53.040]  OK.
[01:08:53.040 --> 01:08:57.480]  And I do that in the district court?
[01:08:57.480 --> 01:08:59.480]  You'd file that in the district court, yes.
[01:08:59.480 --> 01:09:02.840]  But first, look at the security instrument.
[01:09:02.840 --> 01:09:03.840]  OK.
[01:09:03.840 --> 01:09:08.640]  I've probably got 20 ways to trash the security instrument.
[01:09:08.640 --> 01:09:09.640]  OK.
[01:09:09.640 --> 01:09:10.960]  Let me email you later.
[01:09:10.960 --> 01:09:12.960]  I really have to go.
[01:09:12.960 --> 01:09:13.960]  OK.
[01:09:13.960 --> 01:09:14.960]  All right.
[01:09:14.960 --> 01:09:18.960]  If you'll call back next week, we will take you early.
[01:09:18.960 --> 01:09:21.200]  I will call back next week, early.
[01:09:21.200 --> 01:09:22.200]  OK.
[01:09:22.200 --> 01:09:23.200]  My apologies for holding you up.
[01:09:23.200 --> 01:09:26.200]  If you'll send me an email during the week, we'll talk.
[01:09:26.200 --> 01:09:27.200]  All right.
[01:09:27.200 --> 01:09:28.200]  I appreciate it.
[01:09:28.200 --> 01:09:29.200]  Thank you so much.
[01:09:29.200 --> 01:09:30.200]  All right.
[01:09:30.200 --> 01:09:31.200]  Thank you.
[01:09:31.200 --> 01:09:32.200]  Bye bye.
[01:09:32.200 --> 01:09:33.200]  OK.
[01:09:33.200 --> 01:09:36.800]  Now we're going to Mark in Wisconsin.
[01:09:36.800 --> 01:09:42.440]  Before we go there, I'd like to say that I've got a great deal of respect for the Williamson
[01:09:42.440 --> 01:09:48.240]  County Clerk that she is on the ball.
[01:09:48.240 --> 01:09:54.440]  She is on top of this situation, and she has dug in with all of her toenails and fingernails
[01:09:54.440 --> 01:09:57.560]  and teeth, and she ain't letting go.
[01:09:57.560 --> 01:10:01.400]  We've got a clerk in Williamson County who's actually fighting for the homeowners, and
[01:10:01.400 --> 01:10:02.400]  that's rare.
[01:10:02.400 --> 01:10:03.400]  That is wonderful.
[01:10:03.400 --> 01:10:07.720]  And so I'm glad I didn't hammer her when I had the opportunity.
[01:10:07.720 --> 01:10:08.720]  Yeah.
[01:10:08.720 --> 01:10:12.720]  No, she's actually a good egg.
[01:10:12.720 --> 01:10:13.720]  OK.
[01:10:13.720 --> 01:10:14.720]  Mark in Wisconsin.
[01:10:14.720 --> 01:10:15.720]  I'm sorry, Mark.
[01:10:15.720 --> 01:10:22.720]  Well, good evening, Mr. Kelton, and how are you tonight?
[01:10:22.720 --> 01:10:28.680]  Well, I got up this morning, and I checked the obituaries.
[01:10:28.680 --> 01:10:31.720]  I wasn't in there, so it's a good day.
[01:10:31.720 --> 01:10:33.040]  All right.
[01:10:33.040 --> 01:10:41.280]  In the past, we've spoken about having a third party ask... All right.
[01:10:41.280 --> 01:10:46.920]  To give the background to everybody, I believe I have a document in my possession where a
[01:10:46.920 --> 01:10:51.640]  lawyer forged another lawyer's affidavit.
[01:10:51.640 --> 01:10:58.800]  And you'd suggested that I have a third party contact and look for the notary law.
[01:10:58.800 --> 01:11:07.080]  Well, it turns out here in Wisconsin, Section 137.01.5m declares that notary records are
[01:11:07.080 --> 01:11:11.400]  to be held confidential and cannot be released to a third party.
[01:11:11.400 --> 01:11:18.480]  In addition, we do not have the requirement to maintain notary journals.
[01:11:18.480 --> 01:11:27.200]  So I'm pondering how one goes about getting some form of third party verification that
[01:11:27.200 --> 01:11:33.880]  an actual notarial act was done if there aren't journals.
[01:11:33.880 --> 01:11:38.560]  And if the notary can stick their thumbs on either side of the nose, wiggle their finger
[01:11:38.560 --> 01:11:42.320]  and stick out their tongue and go, I can't tell you anything because you're in third
[01:11:42.320 --> 01:11:45.200]  party.
[01:11:45.200 --> 01:11:47.200]  Secretary of State.
[01:11:47.200 --> 01:11:56.200]  Sure, want to look into... Look at the requirements that the Secretary of State put forth for
[01:11:56.200 --> 01:11:57.200]  the notaries.
[01:11:57.200 --> 01:11:58.200]  Okay.
[01:11:58.200 --> 01:11:59.200]  Okay.
[01:11:59.200 --> 01:12:06.200]  The fact that it's not public, you could still go after it under discovery.
[01:12:06.200 --> 01:12:08.200]  All right.
[01:12:08.200 --> 01:12:09.200]  Okay.
[01:12:09.200 --> 01:12:18.080]  Ask for evidence of authentication which would include any financial evidence of payments
[01:12:18.080 --> 01:12:22.080]  for the securitization, for the acknowledgement.
[01:12:22.080 --> 01:12:24.080]  Okay.
[01:12:24.080 --> 01:12:26.520]  Is the notary in Wisconsin?
[01:12:26.520 --> 01:12:35.200]  Yes, the notary is in Wisconsin and is also a member of the same law firm.
[01:12:35.200 --> 01:12:44.000]  Hmm, so you got a notary private, not a notary public.
[01:12:44.000 --> 01:12:48.000]  The notary in the form of the attorney, they're automatically notaries.
[01:12:48.000 --> 01:12:49.000]  Right, right, exactly.
[01:12:49.000 --> 01:12:52.240]  I know what you're stepping in.
[01:12:52.240 --> 01:12:55.200]  This sounds like somebody bought your legislators.
[01:12:55.200 --> 01:13:01.960]  Well, there's a whole lot of buying legislators over the years here in this fine state.
[01:13:01.960 --> 01:13:08.640]  A show of hands of those who don't think legislators are bought in every state in some way.
[01:13:08.640 --> 01:13:20.560]  One of the things I'm thinking here is this particular statute would seem to go to some
[01:13:20.560 --> 01:13:22.560]  constitutional issues.
[01:13:22.560 --> 01:13:23.560]  Okay.
[01:13:23.560 --> 01:13:31.200]  And one thing the judges are not going to want, especially the corrupt and crooked judges,
[01:13:31.200 --> 01:13:36.920]  is to get their corrupt and crooked laws thrown out by the legislature.
[01:13:36.920 --> 01:13:38.040]  Okay.
[01:13:38.040 --> 01:13:48.440]  So you might like, might look at requesting this, get them to deny it and then sue, maintaining
[01:13:48.440 --> 01:13:56.720]  that the law creates a unconstitutional conflict because the notary public is a public official
[01:13:56.720 --> 01:14:04.360]  and to make the very nature of notary public is, like Steve said, not notary private.
[01:14:04.360 --> 01:14:05.360]  Okay.
[01:14:05.360 --> 01:14:15.160]  And if it denies you in a way to validate a notary, the notary could just be sitting
[01:14:15.160 --> 01:14:21.000]  in a back room somewhere stamping all of these and you have no way to validate them.
[01:14:21.000 --> 01:14:22.000]  Okay.
[01:14:22.000 --> 01:14:29.760]  There's also a second clause, deposition transcripts can also not be released to a third party
[01:14:29.760 --> 01:14:35.520]  unless they've been made part of a public record, which I didn't realize that deposition
[01:14:35.520 --> 01:14:41.360]  transcripts might be fair targets in other states.
[01:14:41.360 --> 01:14:45.120]  That makes sense to me because you've got an open case.
[01:14:45.120 --> 01:14:51.840]  There's a lot of documents are not recorded such as discovery.
[01:14:51.840 --> 01:14:52.840]  Yeah.
[01:14:52.840 --> 01:14:57.120]  And there's a deposition is something between two parties.
[01:14:57.120 --> 01:14:58.120]  Right.
[01:14:58.120 --> 01:14:59.120]  Yeah.
[01:14:59.120 --> 01:15:08.280]  And that's not one guy paid for it for some videographer to do the debt to create it.
[01:15:08.280 --> 01:15:16.440]  If he doesn't file it into the public record, then that seems appropriate and it's not public.
[01:15:16.440 --> 01:15:17.440]  Okay.
[01:15:17.440 --> 01:15:23.160]  He bought it and paid for it and you can't have it, but if he filed it in the public
[01:15:23.160 --> 01:15:26.160]  record, then you can.
[01:15:26.160 --> 01:15:28.600]  All right.
[01:15:28.600 --> 01:15:35.760]  Then the final question, which has nothing to do with these cases, looking at the can
[01:15:35.760 --> 01:15:43.400]  span law, it explicitly says that natural citizens cannot file.
[01:15:43.400 --> 01:15:46.400]  How is that constitutional?
[01:15:46.400 --> 01:15:47.400]  All right.
[01:15:47.400 --> 01:15:49.920]  Natural citizens cannot file what?
[01:15:49.920 --> 01:15:53.920]  A claim in can spam.
[01:15:53.920 --> 01:15:59.480]  Basically, the way I read it is the only- Wait a minute, you're using an acronym there
[01:15:59.480 --> 01:16:02.480]  and I don't know what it is.
[01:16:02.480 --> 01:16:03.480]  Oh.
[01:16:03.480 --> 01:16:04.480]  Can what?
[01:16:04.480 --> 01:16:05.480]  Can spam.
[01:16:05.480 --> 01:16:12.800]  It's the anti-spam email spam law that was signed Congress a few years ago.
[01:16:12.800 --> 01:16:13.800]  Okay.
[01:16:13.800 --> 01:16:21.680]  They basically say that natural born people cannot create an action, so the only way to
[01:16:21.680 --> 01:16:29.720]  have an action is if a lawyer brings it and I'm just curious how that is at all constitutional.
[01:16:29.720 --> 01:16:35.800]  That is a good question, denies you access to the court.
[01:16:35.800 --> 01:16:42.360]  That one would definitely be a good candidate for a constitutional challenge and these guys
[01:16:42.360 --> 01:16:44.080]  paid consequences.
[01:16:44.080 --> 01:16:45.080]  Okay.
[01:16:45.080 --> 01:16:46.080]  Okay.
[01:16:46.080 --> 01:16:47.080]  Is that it?
[01:16:47.080 --> 01:16:48.080]  That's it.
[01:16:48.080 --> 01:16:49.080]  Good.
[01:16:49.080 --> 01:16:50.080]  Okay.
[01:16:50.080 --> 01:16:51.080]  Thank you.
[01:16:51.080 --> 01:16:52.080]  We are going to break.
[01:16:52.080 --> 01:16:54.720]  When we come back, we will go to Tommy in Texas.
[01:16:54.720 --> 01:17:00.720]  Our call in number 512-646-1984, we'll be right back.
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[01:18:46.840 --> 01:18:51.800]  We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson.
[01:18:51.800 --> 01:18:54.960]  We're open Monday through Friday 10 to 6, Saturdays 10 to 2.
[01:18:54.960 --> 01:19:00.360]  Visit us at capitalcoinandbullion.com or call 512-646-6440.
[01:19:00.360 --> 01:19:17.440]  This is the Logos, the Logos, the Radio Network.
[01:19:17.440 --> 01:19:34.280]  Okay.
[01:19:34.280 --> 01:19:35.280]  We are back.
[01:19:35.280 --> 01:19:41.360]  Randy Kelton, Joe Esquivel, Debra Stevens, Rue of La Radio, and we're going to Tommy
[01:19:41.360 --> 01:19:44.360]  in Texas.
[01:19:44.360 --> 01:19:45.360]  Hello Mr. Tommy.
[01:19:45.360 --> 01:19:47.960]  What do you have for us today?
[01:19:47.960 --> 01:19:53.200]  Well I'd like to switch gears if we may and talk about some deed restrictions in a homeowners
[01:19:53.200 --> 01:19:56.200]  association.
[01:19:56.200 --> 01:20:01.920]  And I'm in Montgomery County and I believe it's an incorporated county so we'd be subject
[01:20:01.920 --> 01:20:05.480]  to Section 201 of the Property Code.
[01:20:05.480 --> 01:20:12.600]  I was only thrown out of the district court once in Montgomery County.
[01:20:12.600 --> 01:20:18.040]  Well our deed restrictions were incorporated in 1977 so they're not as complicated or
[01:20:18.040 --> 01:20:24.240]  as comprehensive as some of the deed restrictions are today.
[01:20:24.240 --> 01:20:25.240]  Okay.
[01:20:25.240 --> 01:20:26.240]  Hold on a minute.
[01:20:26.240 --> 01:20:28.240]  Are these county deed restrictions?
[01:20:28.240 --> 01:20:29.240]  No, they're for the subdivision.
[01:20:29.240 --> 01:20:30.240]  It's for a subdivision.
[01:20:30.240 --> 01:20:31.240]  Oh, okay.
[01:20:31.240 --> 01:20:32.240]  Okay.
[01:20:32.240 --> 01:20:36.720]  Because I was wondering how they could do a thing like that.
[01:20:36.720 --> 01:20:37.720]  Okay.
[01:20:37.720 --> 01:20:40.720]  So this is a just a deed restriction.
[01:20:40.720 --> 01:20:43.760]  Yeah, okay.
[01:20:43.760 --> 01:20:50.320]  So what's going on here in the subdivision is the board is angry because people are parking
[01:20:50.320 --> 01:20:58.440]  their trailers and their boats in their yard or in their driveway and the deed restrictions
[01:20:58.440 --> 01:21:00.720]  do not prohibit it.
[01:21:00.720 --> 01:21:07.600]  So they have by the vote of the board they passed a policy stating that you can no longer
[01:21:07.600 --> 01:21:12.960]  do that subject to a fine for non-compliance.
[01:21:12.960 --> 01:21:20.120]  And they're refusing to talk about it until the recording is complete in the county court.
[01:21:20.120 --> 01:21:27.200]  And I believe that they're actually they sent out 27 letters in the last 30 days regarding
[01:21:27.200 --> 01:21:37.240]  this specific non-compliance issue and you know they're calling it a nuisance but in
[01:21:37.240 --> 01:21:43.480]  our deed restrictions that is not under the nuisance definition and that's...
[01:21:43.480 --> 01:21:48.080]  Tony, do you go to your HOA meetings?
[01:21:48.080 --> 01:21:51.480]  They happen to be when I'm working on the nights I work.
[01:21:51.480 --> 01:21:52.480]  Okay.
[01:21:52.480 --> 01:21:53.480]  Okay.
[01:21:53.480 --> 01:21:57.520]  This is here's let me ask you let me tell you the reason I asked that.
[01:21:57.520 --> 01:22:00.400]  The HOA does not act on its own.
[01:22:00.400 --> 01:22:04.520]  The HOA does whatever the majority of the homeowners want them to do.
[01:22:04.520 --> 01:22:08.920]  Now if you can go to one of these meetings or if you can go around your neighborhood
[01:22:08.920 --> 01:22:16.240]  if I don't know how big the HOA jurisdiction is but if you can go around your neighborhood
[01:22:16.240 --> 01:22:21.400]  if you're in good graces with your neighbors ask around and see if anybody went to one
[01:22:21.400 --> 01:22:25.440]  of these meetings and voted in this change in policy.
[01:22:25.440 --> 01:22:26.960]  Wait a minute.
[01:22:26.960 --> 01:22:27.960]  Hold on.
[01:22:27.960 --> 01:22:28.960]  Hold on.
[01:22:28.960 --> 01:22:30.840]  We're two steps ahead of ourselves here.
[01:22:30.840 --> 01:22:31.840]  Okay.
[01:22:31.840 --> 01:22:34.800]  We don't buy the board only.
[01:22:34.800 --> 01:22:35.800]  Hold on.
[01:22:35.800 --> 01:22:36.800]  Board only.
[01:22:36.800 --> 01:22:45.400]  Where specifically does the board get authority to make changes that affect your ability to
[01:22:45.400 --> 01:22:46.400]  use your property?
[01:22:46.400 --> 01:22:47.400]  They don't.
[01:22:47.400 --> 01:22:48.400]  That's just it.
[01:22:48.400 --> 01:22:53.240]  And I'm trying to tell these people that hey question where do they get the authority or
[01:22:53.240 --> 01:22:57.360]  the authority for this because I don't see it anywhere.
[01:22:57.360 --> 01:23:05.400]  Have they noticed you of an infraction?
[01:23:05.400 --> 01:23:06.400]  They did.
[01:23:06.400 --> 01:23:11.560]  A couple of years ago they said I had an unlicensed vehicle in my driveway.
[01:23:11.560 --> 01:23:12.560]  No, no, no.
[01:23:12.560 --> 01:23:17.280]  Have they made have I'm looking for standing here?
[01:23:17.280 --> 01:23:20.040]  No, they have not.
[01:23:20.040 --> 01:23:21.040]  Okay.
[01:23:21.040 --> 01:23:26.880]  Then if you want standing to take it on then have your next door neighbor or somebody park
[01:23:26.880 --> 01:23:32.920]  the RV in your driveway and let them give you notice.
[01:23:32.920 --> 01:23:36.720]  Once they give you notice you have standing to challenge them then file a suit against
[01:23:36.720 --> 01:23:37.720]  them.
[01:23:37.720 --> 01:23:39.920]  I have an RV parked in my driveway.
[01:23:39.920 --> 01:23:43.800]  They're not messing with me because I've already been up there in their face already.
[01:23:43.800 --> 01:23:50.640]  They're messing with other people in the neighborhood who are running scared.
[01:23:50.640 --> 01:23:55.120]  So they passed this policy now which a policy is completely different.
[01:23:55.120 --> 01:23:56.120]  Okay.
[01:23:56.120 --> 01:24:08.520]  How can you present this in a way that shows that it causes you harm?
[01:24:08.520 --> 01:24:10.560]  I'm trying to get you standing.
[01:24:10.560 --> 01:24:13.880]  If you've already hammered them and they're not wanting to mess with you, you might be
[01:24:13.880 --> 01:24:17.360]  the one to fix it but you need a way to get standing.
[01:24:17.360 --> 01:24:21.520]  How does this affect your property values?
[01:24:21.520 --> 01:24:30.200]  You got all these old people like me that retired and we like to travel around and we
[01:24:30.200 --> 01:24:34.920]  got a nice motor home here and I can't buy that property because it can't park my motor
[01:24:34.920 --> 01:24:35.920]  home.
[01:24:35.920 --> 01:24:39.560]  So there goes my property value, you chumps.
[01:24:39.560 --> 01:24:40.560]  Exactly.
[01:24:40.560 --> 01:24:45.800]  Most of the people that have RVs bought here because there's no restriction on parking
[01:24:45.800 --> 01:24:49.800]  your RV in your driveway or your yard.
[01:24:49.800 --> 01:24:56.720]  So that'll give you standing, send them a tort letter.
[01:24:56.720 --> 01:25:00.560]  You want to sell, you tried to sell your property.
[01:25:00.560 --> 01:25:05.920]  You need somebody to look at your property and make you an offer and then you tell them
[01:25:05.920 --> 01:25:11.880]  that you can't park your RV here and they say, well screw this, I ain't buying it.
[01:25:11.880 --> 01:25:14.480]  Now you've lost the benefit of the bargain.
[01:25:14.480 --> 01:25:16.280]  Oh nice.
[01:25:16.280 --> 01:25:18.280]  I like that.
[01:25:18.280 --> 01:25:22.960]  You have the benefit of the bargain as the claim against them and since they have no
[01:25:22.960 --> 01:25:31.960]  authority to take the action, you can petition for punitive damages, exemplary damages and
[01:25:31.960 --> 01:25:37.760]  sue them for three times the value of the contract that you lost, send them a tort letter
[01:25:37.760 --> 01:25:42.640]  and say, make me hold and be sued.
[01:25:42.640 --> 01:25:47.800]  Now what about the HOA lawyer that they met with and he drafted this policy?
[01:25:47.800 --> 01:25:50.400]  Can we file a bar grievance against him?
[01:25:50.400 --> 01:25:51.400]  Oh, absolutely.
[01:25:51.400 --> 01:25:56.680]  Bar grievance, the crap hole out of having everybody who's annoyed file a bar grievance
[01:25:56.680 --> 01:26:00.560]  against him.
[01:26:00.560 --> 01:26:05.720]  That will drive them berserk.
[01:26:05.720 --> 01:26:13.440]  What I want to understand is if they're sending you letters saying that based on this policy,
[01:26:13.440 --> 01:26:18.920]  do we try to resolve it first in a board meeting, a meeting with the board or do we take them
[01:26:18.920 --> 01:26:19.920]  straight to court?
[01:26:19.920 --> 01:26:23.480]  You just take them straight to court, heck with their board.
[01:26:23.480 --> 01:26:26.000]  Yeah, there's going to be no resolving a board meeting.
[01:26:26.000 --> 01:26:29.400]  They've already shown their true intent.
[01:26:29.400 --> 01:26:34.440]  Just recently I called the police and I wanted them to come out and take a complaint against
[01:26:34.440 --> 01:26:40.200]  another police officer and they asked me if I wanted to file a complaint with the department.
[01:26:40.200 --> 01:26:42.840]  I said, heck no, I don't want to file a complaint with the department.
[01:26:42.840 --> 01:26:45.080]  I want to file a criminal accusation.
[01:26:45.080 --> 01:26:47.040]  This is not a professional complaint.
[01:26:47.040 --> 01:26:51.600]  His uniform is clean, all the buttons were buttoned.
[01:26:51.600 --> 01:26:55.640]  I want you to arrest him.
[01:26:55.640 --> 01:27:01.920]  This is not something the board can fix.
[01:27:01.920 --> 01:27:06.640]  Once the bell's been rung, you can't unring it.
[01:27:06.640 --> 01:27:11.000]  You should have seen the Randall County clerk when she finally came out with the records
[01:27:11.000 --> 01:27:16.120]  I asked for after I tried to get to plead the sheriff's department to arrest her.
[01:27:16.120 --> 01:27:21.280]  When he wouldn't, I tried to call somebody to come and arrest her and the lieutenant.
[01:27:21.280 --> 01:27:27.080]  She came out with the records while I'm waiting for an officer to show up and tried to talk
[01:27:27.080 --> 01:27:28.080]  to him.
[01:27:28.080 --> 01:27:29.080]  I said, I can't talk to you guys.
[01:27:29.080 --> 01:27:33.240]  The sergeant said, well, she's bringing you the records you asked for.
[01:27:33.240 --> 01:27:37.920]  Sorry, Bubba, that bell's already been rung.
[01:27:37.920 --> 01:27:44.840]  The look on her face was absolutely priceless.
[01:27:44.840 --> 01:27:46.040]  They rung this bell.
[01:27:46.040 --> 01:27:49.400]  They can't unring it.
[01:27:49.400 --> 01:27:53.320]  Once the perp commits the act, I don't deal with the perp anymore.
[01:27:53.320 --> 01:27:57.840]  I go over the perp and let him explain it to somebody else.
[01:27:57.840 --> 01:28:02.840]  I don't want him explaining himself to me.
[01:28:02.840 --> 01:28:05.480]  It takes a paradigm shift to do that.
[01:28:05.480 --> 01:28:07.840]  You're the CEO.
[01:28:07.840 --> 01:28:10.080]  You're the master.
[01:28:10.080 --> 01:28:14.520]  You don't get down there and muck with the chumps on the bottom.
[01:28:14.520 --> 01:28:17.200]  I bring them all up to the top.
[01:28:17.200 --> 01:28:25.160]  Under the rule of crudulence, crud always sinks to the top and I want the cruddiest
[01:28:25.160 --> 01:28:29.280]  guy in the place.
[01:28:29.280 --> 01:28:37.000]  Don't let a master negotiate with you, but let him negotiate with the district court
[01:28:37.000 --> 01:28:38.840]  or give him the impression you're going to.
[01:28:38.840 --> 01:28:44.520]  Send them the tort letter and say, make me hold by this date or be sued and be ready
[01:28:44.520 --> 01:28:49.800]  to file a suit the next day after that time limit runs out.
[01:28:49.800 --> 01:28:55.440]  It only costs about 120 bucks to file the suit.
[01:28:55.440 --> 01:29:01.640]  You will have so much fun, you won't believe it and they won't ever want to cite you for
[01:29:01.640 --> 01:29:04.200]  anything as long as they're there.
[01:29:04.200 --> 01:29:10.360]  The word will go out, just like in Wise County, when a sheriff's deputy pulled me over, I
[01:29:10.360 --> 01:29:15.320]  went in the convenience store across the street and old Bob Jack Cruz was listening to his
[01:29:15.320 --> 01:29:18.040]  scanner and he said, what did you do to that sheriff's deputy yesterday?
[01:29:18.040 --> 01:29:19.640]  I said, I didn't do anything to him.
[01:29:19.640 --> 01:29:20.640]  Why?
[01:29:20.640 --> 01:29:25.440]  Well, he called your name in and the dispatcher come back and said, don't you dare give that
[01:29:25.440 --> 01:29:28.440]  SOB no ticket.
[01:29:28.440 --> 01:29:34.680]  They don't like it when you fight them doing it the way they do it.
[01:29:34.680 --> 01:29:39.520]  If you go in there and argue with them, they like that part, they're good at that.
[01:29:39.520 --> 01:29:43.320]  But when you start reporting them to other people and making them answer to somebody
[01:29:43.320 --> 01:29:47.000]  higher than them, that they don't like.
[01:29:47.000 --> 01:29:53.240]  Hang on, Randy Kelton, Deborah Stevens, Joe Esquivel, Rue of La Radio, our call in number
[01:29:53.240 --> 01:30:00.440]  512-646-1984, and I'm going to outro this right on the...
[01:30:00.440 --> 01:30:05.440]  Kids sue parents for abuse and sometimes rightly so.
[01:30:05.440 --> 01:30:10.200]  But in Illinois, two adult kids went after their mother for some pretty flimsy reasons.
[01:30:10.200 --> 01:30:15.720]  I'm Dr. Catherine Albrecht and I'll be back to tell you about their so-called suffering.
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[01:30:45.640 --> 01:30:47.640]  How's this for ingratitude?
[01:30:47.640 --> 01:30:52.960]  In Illinois, a man and his sister filed a $50,000 lawsuit against their mother, Kimberly
[01:30:52.960 --> 01:30:55.640]  Garrity, for emotional distress.
[01:30:55.640 --> 01:31:00.640]  Her alleged offenses include not taking her daughter to a car show, telling her boy when
[01:31:00.640 --> 01:31:05.680]  he was seven years old to buckle his seatbelt and get this, sending him a birthday card
[01:31:05.680 --> 01:31:07.680]  with no money inside.
[01:31:07.680 --> 01:31:11.480]  After two years, an appeals court dismissed the case, explaining that a ruling against
[01:31:11.480 --> 01:31:15.920]  the mother would have subjected all parents to excessive scrutiny and interference.
[01:31:15.920 --> 01:31:16.920]  Amen.
[01:31:16.920 --> 01:31:21.280]  My only question, why did it take a court two years to come to that decision?
[01:31:21.280 --> 01:31:31.040]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:31.040 --> 01:31:35.200]  Here at Zombie Killer Ammo and Guns, we believe that the Second Amendment guarantees our rights
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[01:32:59.800 --> 01:33:17.080]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:17.080 --> 01:33:45.560]  OK, we are back.
[01:33:45.560 --> 01:33:52.320]  I'm Randy Kelton, Debra Stevens, Joe Esquivel, and I've been suffering some disparagement
[01:33:52.320 --> 01:34:02.480]  here for not outro-ing this out right on the mark, so that's what that last outro was about.
[01:34:02.480 --> 01:34:05.400]  We don't like dead air around here.
[01:34:05.400 --> 01:34:10.040]  That wouldn't have been in reference to my comments over the last two and a half hours,
[01:34:10.040 --> 01:34:11.040]  would it?
[01:34:11.040 --> 01:34:15.800]  I put up with deadbeats and chomps, so you're OK.
[01:34:15.800 --> 01:34:22.320]  OK, we're going back to Grant in Texas.
[01:34:22.320 --> 01:34:27.800]  Grant, I got so distracted having so much fun on the break that I forgot where we were
[01:34:27.800 --> 01:34:28.800]  at.
[01:34:28.800 --> 01:34:34.840]  Homeowners Association, we were talking about Homeowners Association on the break.
[01:34:34.840 --> 01:34:47.280]  Be creative, read the Homeowners Association bylaws and their charter, and look at what
[01:34:47.280 --> 01:34:53.680]  they are specifically authorized to do, because they're under contract.
[01:34:53.680 --> 01:35:02.400]  And if one of the members, I take it there's a group that actually administers the Homeowners
[01:35:02.400 --> 01:35:05.920]  Association.
[01:35:05.920 --> 01:35:07.000]  Are they elected?
[01:35:07.000 --> 01:35:09.000]  How are they in place?
[01:35:09.000 --> 01:35:10.000]  Hello?
[01:35:10.000 --> 01:35:11.000]  Hello.
[01:35:11.000 --> 01:35:18.640]  The ones who administer the Homeowners Association, how do they do that?
[01:35:18.640 --> 01:35:21.120]  How do they get put in place?
[01:35:21.120 --> 01:35:23.800]  The board members.
[01:35:23.800 --> 01:35:24.800]  I have a different issue.
[01:35:24.800 --> 01:35:27.680]  This is Grant, and I was calling about something else.
[01:35:27.680 --> 01:35:29.440]  Oh, that was Tommy.
[01:35:29.440 --> 01:35:31.440]  Tommy dropped.
[01:35:31.440 --> 01:35:33.880]  Now, I'm confused.
[01:35:33.880 --> 01:35:36.320]  We were having too much fun with Homeowners Association.
[01:35:36.320 --> 01:35:37.320]  Sorry, Grant.
[01:35:37.320 --> 01:35:38.320]  Are you confused yet, Grant?
[01:35:38.320 --> 01:35:39.320]  No, I'm doing good.
[01:35:39.320 --> 01:35:40.320]  I'm doing good.
[01:35:40.320 --> 01:35:41.320]  OK, forget the Homeowners Association.
[01:35:41.320 --> 01:35:42.320]  We were having fun with them.
[01:35:42.320 --> 01:35:43.320]  Actually, this is a preparation also.
[01:35:43.320 --> 01:35:44.320]  OK, what is your question?
[01:35:44.320 --> 01:35:59.880]  My question is, I've listened to you for a long time, and I appreciate the work you guys
[01:35:59.880 --> 01:36:00.880]  do.
[01:36:00.880 --> 01:36:01.880]  Thank you very much.
[01:36:01.880 --> 01:36:09.720]  I have a hypothetical question about parking infractions, and I was looking up in the code
[01:36:09.720 --> 01:36:16.920]  and elsewhere, and apparently parking infractions are civil, not criminal, in Texas.
[01:36:16.920 --> 01:36:23.600]  And I was wondering, you know, it looks like the city, this municipal corporation, wants
[01:36:23.600 --> 01:36:29.080]  to have some sort of administrative hearing about this parking ticket.
[01:36:29.080 --> 01:36:34.160]  And I was wondering if the rules of court still apply, or if it's just going to be a
[01:36:34.160 --> 01:36:36.480]  total, you know, kangaroo court.
[01:36:36.480 --> 01:36:37.480]  Yes.
[01:36:37.480 --> 01:36:38.480]  OK.
[01:36:38.480 --> 01:36:41.960]  This is a, they probably do this.
[01:36:41.960 --> 01:36:50.120]  This is a really technical question as to whether this is an administrative procedure
[01:36:50.120 --> 01:36:54.260]  or a civil action.
[01:36:54.260 --> 01:37:04.480]  It may be that the city considers a ticket, a prosecution of a ticket, a civil suit.
[01:37:04.480 --> 01:37:14.320]  But in any case, even if it's administrative, there has to be rules in place to ensure due
[01:37:14.320 --> 01:37:22.640]  process if they can issue a, they can't, I don't know, do they issue, they don't issue
[01:37:22.640 --> 01:37:32.840]  summonses with traffic tickets, they just send you a bill with an opportunity to contest.
[01:37:32.840 --> 01:37:38.320]  Well, so this does, this does sound administrative.
[01:37:38.320 --> 01:37:39.320]  Yeah.
[01:37:39.320 --> 01:37:45.920]  This is really a, probably a better question for Eddie Craig on Monday.
[01:37:45.920 --> 01:37:46.920]  OK.
[01:37:46.920 --> 01:37:52.840]  Since he does traffic, I kind of stay clear of it.
[01:37:52.840 --> 01:37:58.240]  And you might try his, I see you have a 512 area code, so you're in Austin, you might
[01:37:58.240 --> 01:38:05.960]  try his Sunday seminars, he does a seminar on every Sunday from two to five.
[01:38:05.960 --> 01:38:10.680]  That's a real good place to get, to talk to him personally.
[01:38:10.680 --> 01:38:17.440]  1904 Guadalupe in the basement of the Chase Bank at MLK and Guadalupe.
[01:38:17.440 --> 01:38:20.840]  Yeah, at the Brave New Books bookstore.
[01:38:20.840 --> 01:38:23.560]  Brave New Books, yes, a great place.
[01:38:23.560 --> 01:38:24.560]  OK.
[01:38:24.560 --> 01:38:29.840]  Well, thank you for everything you do and yeah, I'll get over to Brave New Books.
[01:38:29.840 --> 01:38:32.040]  Again, thanks for your work.
[01:38:32.040 --> 01:38:33.520]  Appreciate it very much.
[01:38:33.520 --> 01:38:34.520]  OK.
[01:38:34.520 --> 01:38:37.400]  And you can also pick him up Monday nights.
[01:38:37.400 --> 01:38:40.040]  He does the eight o'clock show Monday nights.
[01:38:40.040 --> 01:38:41.040]  Mondays, yeah.
[01:38:41.040 --> 01:38:42.040]  OK.
[01:38:42.040 --> 01:38:43.040]  Good, good.
[01:38:43.040 --> 01:38:46.920]  Yeah, it's a pretty, it's a pretty strange little instrument they've got here.
[01:38:46.920 --> 01:38:53.880]  It's, it says violation charged and parking violation notice.
[01:38:53.880 --> 01:38:59.960]  It doesn't seem to comply with the stuff you get, you know, that even Eddie Craig, Eddie
[01:38:59.960 --> 01:39:00.960]  Craig...
[01:39:00.960 --> 01:39:01.960]  Yeah, it's definitely not criminal.
[01:39:01.960 --> 01:39:02.960]  Yeah.
[01:39:02.960 --> 01:39:03.960]  Yeah.
[01:39:03.960 --> 01:39:04.960]  So...
[01:39:04.960 --> 01:39:09.280]  Maybe, even if it's a violation of an ordinance, I do not, I wouldn't imagine they could make
[01:39:09.280 --> 01:39:10.280]  that criminal.
[01:39:10.280 --> 01:39:13.680]  That's just going to be your contract with the city.
[01:39:13.680 --> 01:39:14.680]  Right.
[01:39:14.680 --> 01:39:21.720]  And I guess, would the claim be that the fact that I entered into the city's, you know...
[01:39:21.720 --> 01:39:23.240]  You used the facility.
[01:39:23.240 --> 01:39:28.840]  Ah, so this means now they have a claim against me because I didn't use it correctly?
[01:39:28.840 --> 01:39:29.840]  Yes.
[01:39:29.840 --> 01:39:30.840]  Uh-huh.
[01:39:30.840 --> 01:39:32.880]  Well, maybe, maybe you can help me with this part of it.
[01:39:32.880 --> 01:39:39.600]  Let's say this is, let's say this is some ridiculous, you know, a kangaroo corp without
[01:39:39.600 --> 01:39:43.280]  any, you know, and then they'd say, well, you know, we're, we're, because, because you're
[01:39:43.280 --> 01:39:47.440]  contesting this, we're going to charge you an extra hundred dollars, you know, because
[01:39:47.440 --> 01:39:48.440]  so that's our...
[01:39:48.440 --> 01:39:50.200]  That, that would go to due process.
[01:39:50.200 --> 01:39:51.200]  Right.
[01:39:51.200 --> 01:39:59.080]  You know, you cannot be, you cannot be punished for exercising a right.
[01:39:59.080 --> 01:40:00.080]  So court's fees?
[01:40:00.080 --> 01:40:07.760]  Yeah, you would have, well, well, they can charge court fees, but I, that, that is a good
[01:40:07.760 --> 01:40:08.760]  question.
[01:40:08.760 --> 01:40:13.640]  This is really better for, uh, Eddie, I don't want to give bad information because this
[01:40:13.640 --> 01:40:17.000]  is not something I have knowledge of.
[01:40:17.000 --> 01:40:23.280]  It's not something I've ever researched and this would take some specifics in how they
[01:40:23.280 --> 01:40:27.040]  handle it and probably different cities handle it differently.
[01:40:27.040 --> 01:40:28.040]  Yeah.
[01:40:28.040 --> 01:40:29.040]  Yeah.
[01:40:29.040 --> 01:40:30.040]  Okay.
[01:40:30.040 --> 01:40:31.040]  Well, thanks guys for your work.
[01:40:31.040 --> 01:40:32.040]  I very much appreciate it.
[01:40:32.040 --> 01:40:33.040]  Good night then.
[01:40:33.040 --> 01:40:34.040]  Okay.
[01:40:34.040 --> 01:40:35.040]  Thank you.
[01:40:35.040 --> 01:40:38.600]  That's the second time somebody has stopped the chumps tonight.
[01:40:38.600 --> 01:40:39.600]  Okay.
[01:40:39.600 --> 01:40:42.520]  Oh no, trouble.
[01:40:42.520 --> 01:40:45.200]  We have Dan from connect cut.
[01:40:45.200 --> 01:40:48.160]  Where have you been, Mr. Dan?
[01:40:48.160 --> 01:40:54.040]  Uh, well, long story short, I wanted to pull out the quiet title victory.
[01:40:54.040 --> 01:40:55.040]  Oh.
[01:40:55.040 --> 01:41:02.520]  This was a very interesting, uh, screw up by Deutsche bank, which, uh, Deutsche bank
[01:41:02.520 --> 01:41:06.040]  in German translates to screw up and fraud.
[01:41:06.040 --> 01:41:10.600]  Uh, basically it's your typical fraud closure case.
[01:41:10.600 --> 01:41:15.360]  What had happened is they use documents from a company called doc X, which incidentally
[01:41:15.360 --> 01:41:23.840]  was, uh, sued in Texas by American home mortgage servicing incorporated and in Connecticut
[01:41:23.840 --> 01:41:28.160]  in this case, they said, Oh, the documents are completely valid.
[01:41:28.160 --> 01:41:33.680]  But in the Texas civil complaint, which was verified, they said, Oh, these documents are
[01:41:33.680 --> 01:41:34.680]  all problematic.
[01:41:34.680 --> 01:41:35.680]  Guess what?
[01:41:35.680 --> 01:41:41.360]  Exit a was the verified civil complaint.
[01:41:41.360 --> 01:41:46.900]  So we threw that in, um, and we figured why not?
[01:41:46.900 --> 01:41:50.320]  We pretty much proved the special defense of collateral estoppel.
[01:41:50.320 --> 01:41:55.040]  Uh, they had filed a previous action for clothes, which was still pending.
[01:41:55.040 --> 01:42:00.960]  So we filed another special defense based on the prior pending action doctrine.
[01:42:00.960 --> 01:42:03.720]  Typically that would be a motion to dismiss, but we got a little greedy.
[01:42:03.720 --> 01:42:06.360]  We figured why not throw it in special defenses?
[01:42:06.360 --> 01:42:09.960]  Um, we also incorporated MERS.
[01:42:09.960 --> 01:42:14.080]  This was one of your typical things where MERS allegedly acquires interest and actually
[01:42:14.080 --> 01:42:15.080]  doesn't.
[01:42:15.080 --> 01:42:20.880]  So, uh, that was the third special defense and we included an unclean hands defense because
[01:42:20.880 --> 01:42:24.200]  they broke into the property, even though they didn't own it yet.
[01:42:24.200 --> 01:42:26.720]  So here's the counterclaim.
[01:42:26.720 --> 01:42:31.080]  The counterclaim reincorporates by reference, all four of those special defenses and all
[01:42:31.080 --> 01:42:35.040]  the, all the allegations and denials made in the complaint.
[01:42:35.040 --> 01:42:41.480]  And we basically say, look, as a matter of fact, in law, they can't actually say.
[01:42:41.480 --> 01:42:44.360]  They have a valid interest in the property.
[01:42:44.360 --> 01:42:45.360]  And we did everything.
[01:42:45.360 --> 01:42:48.280]  We picked apart the pulling and servicing agreement.
[01:42:48.280 --> 01:42:52.960]  We actually used structured asset finance software from Luton technologies to look up
[01:42:52.960 --> 01:42:53.960]  the mortgage.
[01:42:53.960 --> 01:43:00.040]  It turns out the mortgage was allegedly transferred into the Remic years after the closing date,
[01:43:00.040 --> 01:43:05.360]  which as you know, actually pops the tax exempt status of the Remic.
[01:43:05.360 --> 01:43:10.920]  So this counterclaim and all the special defenses in the answer went in and four months, Randy,
[01:43:10.920 --> 01:43:12.920]  you know what they did?
[01:43:12.920 --> 01:43:13.920]  Nothing.
[01:43:13.920 --> 01:43:17.680]  So we moved to default them on the counterclaim for failure to plead.
[01:43:17.680 --> 01:43:20.080]  We filed a motion for non-suit as well.
[01:43:20.080 --> 01:43:24.720]  Well, the motion for default was granted two weeks ago.
[01:43:24.720 --> 01:43:25.720]  Okay.
[01:43:25.720 --> 01:43:35.320]  But the problem with motions for default is 75% get overturned.
[01:43:35.320 --> 01:43:37.000]  Have they, okay.
[01:43:37.000 --> 01:43:39.200]  Did they ever respond to your original plea?
[01:43:39.200 --> 01:43:41.000]  Oh, wait, wait, hold on.
[01:43:41.000 --> 01:43:42.000]  We're about to go to break.
[01:43:42.000 --> 01:43:46.480]  Hang on, Randy Kelton, Debra Stevens, Joe Esquivel, Wheel of Life Radio.
[01:43:46.480 --> 01:43:49.480]  We're talking to Dan in Connecticut.
[01:43:49.480 --> 01:43:53.200]  We will, we've got one more segment.
[01:43:53.200 --> 01:43:57.120]  So if you want to get in line, call quickly, Carlos, I'll see you there.
[01:43:57.120 --> 01:44:00.400]  We'll pick you up on the other side, we'll be right.
[01:44:00.400 --> 01:44:04.040]  You feel tired when talking about important topics like money and politics?
[01:44:04.040 --> 01:44:07.840]  Are you confused by words like the constitution or the federal reserve?
[01:44:07.840 --> 01:44:08.840]  What?
[01:44:08.840 --> 01:44:12.480]  You may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.480 --> 01:44:18.120]  Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity
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[01:44:19.320 --> 01:44:23.300]  I had no idea that the number one cause of the disease is found in almost every home
[01:44:23.300 --> 01:44:25.440]  in America, the television.
[01:44:25.440 --> 01:44:30.440]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[01:44:30.440 --> 01:44:34.200]  The staff at Brave New Books have helped me and thousands of other poxaholics suffering
[01:44:34.200 --> 01:44:36.520]  from sports zombieism recover.
[01:44:36.520 --> 01:44:40.720]  And because of Brave New Books, I now enjoy reading and watching educational documentaries
[01:44:40.720 --> 01:44:42.760]  without feeling tired or uninterested.
[01:44:42.760 --> 01:44:50.760]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503
[01:44:50.760 --> 01:44:54.840]  or visit them in 1904 Guadalupe or bravenewbookstore.com.
[01:44:54.840 --> 01:44:58.240]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary
[01:44:58.240 --> 01:45:00.080]  and an overall increase in mental functioning.
[01:45:00.080 --> 01:45:04.600]  Are you the plaintiff or defendant in a lawsuit?
[01:45:04.600 --> 01:45:11.360]  Learn your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
[01:45:11.360 --> 01:45:14.360]  that will show you how in 24 hours, step-by-step.
[01:45:14.360 --> 01:45:19.040]  If you have a lawyer, know what your lawyer should be doing.
[01:45:19.040 --> 01:45:23.840]  If you don't have a lawyer, know what you should do for yourself.
[01:45:23.840 --> 01:45:28.240]  Thousands have won with our step-by-step course, and now you can too.
[01:45:28.240 --> 01:45:34.160]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:34.160 --> 01:45:39.480]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[01:45:39.480 --> 01:45:43.760]  principles and practices that control our American courts.
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[01:45:49.920 --> 01:45:52.360]  pro se tactics, and much more.
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[01:46:22.360 --> 01:46:40.280]  Okay, we are back, Randy Kelton, Deborah Stevens, Bill Esquivel, Rule of Law Radio, and before
[01:46:40.280 --> 01:46:45.880]  we go back to Dan, Grant, if you're still listening, and for everybody else, I did forget
[01:46:45.880 --> 01:46:50.920]  to refer Grant to Eddie's seminar material.
[01:46:50.920 --> 01:46:57.600]  You can buy the traffic seminar, all the traffic seminar material online, especially if you're
[01:46:57.600 --> 01:47:05.760]  not in Austin, or even if you are, you really need this if you go to Eddie's seminars every
[01:47:05.760 --> 01:47:08.200]  week so you can kind of be up to speed.
[01:47:08.200 --> 01:47:16.560]  This is a really great treatment of the traffic issue, so look on the rule of law website
[01:47:16.560 --> 01:47:23.920]  or logosradionetwork.com website and you can select a banner for Eddie's traffic seminar.
[01:47:23.920 --> 01:47:25.480]  It's well worth it.
[01:47:25.480 --> 01:47:28.760]  Okay, now we're going to go to Dan in Connecticut.
[01:47:28.760 --> 01:47:34.280]  You raise a good point, and as a matter of fact, this wasn't really incorporated into
[01:47:34.280 --> 01:47:37.280]  the strategy, and you aren't correct for the most part.
[01:47:37.280 --> 01:47:38.800]  A lot of defaults are set aside.
[01:47:38.800 --> 01:47:42.200]  However, in Connecticut, there are generally two reasons to set one aside.
[01:47:42.200 --> 01:47:47.800]  The first is you didn't have any notice, or actually I'll just say three.
[01:47:47.800 --> 01:47:53.640]  The second is the default was granted in contravention to the rules of practice, and third, something
[01:47:53.640 --> 01:47:57.480]  occurred that would prevent the plaintiff from actually filing a responsive pleading
[01:47:57.480 --> 01:47:58.480]  on time.
[01:47:58.480 --> 01:48:01.280]  In a nutshell, here's how it works.
[01:48:01.280 --> 01:48:05.760]  Once you file a counter-plaint, basically the order of pleadings proceeds as if it was
[01:48:05.760 --> 01:48:07.920]  an original complaint.
[01:48:07.920 --> 01:48:12.640]  Practice book 10- sets forth the order of the pleadings, which is basically the complaint
[01:48:12.640 --> 01:48:20.520]  comes first, motion dismissed, request to revise, motion to strike, answer, special
[01:48:20.520 --> 01:48:25.520]  defenses, plaintiff's reply to any special defenses, so on and so forth.
[01:48:25.520 --> 01:48:31.480]  Basically, you have 30 days from the complaint or counter-claim, as it were, to either plead
[01:48:31.480 --> 01:48:40.240]  responsibly, or ask for more time to plead for some practice book 10-8, which basically
[01:48:40.240 --> 01:48:43.640]  have to say, here's why we need more time to plead, more time to research, so on and
[01:48:43.640 --> 01:48:45.120]  so forth.
[01:48:45.120 --> 01:48:50.720]  This particular plaintiff has been, in this particular court, beating up home after homeowner
[01:48:50.720 --> 01:48:57.240]  after homeowner after homeowner using the same exact rules.
[01:48:57.240 --> 01:49:00.380]  What we did is we didn't jump on them at day 31.
[01:49:00.380 --> 01:49:02.840]  We waited four months.
[01:49:02.840 --> 01:49:09.960]  The same attorney and the same plaintiff were in the same court, well, the whole time.
[01:49:09.960 --> 01:49:15.360]  They clearly had nothing stopping them from filing a responsive, pleading, or answering.
[01:49:15.360 --> 01:49:19.960]  Again, when you answer a complaint in general, you can say admitted, you can say denied,
[01:49:19.960 --> 01:49:24.000]  or you can infer that you don't have sufficient knowledge to form a good, safe belief.
[01:49:24.000 --> 01:49:29.040]  Well, it didn't do either one of those three things.
[01:49:29.040 --> 01:49:33.880]  Finally, it wasn't just your typical boilerplate motion for default.
[01:49:33.880 --> 01:49:39.000]  What it was is we said, well, practice book 10-6, that's 40-order pleadings.
[01:49:39.000 --> 01:49:43.600]  The record will reflect the plaintiff did not file any of the responsive pleadings.
[01:49:43.600 --> 01:49:51.600]  The time in which to plead, according to the practice book 10-8, actually was 30 days if
[01:49:51.600 --> 01:49:56.280]  it's the counter-claim, or 15-day steps thereafter after the last responsive pleading has been
[01:49:56.280 --> 01:49:57.280]  disposed of.
[01:49:57.280 --> 01:50:05.080]  In effect, we also mentioned practice 10-7 for good measure, which basically says, if
[01:50:05.080 --> 01:50:08.880]  you want to file a pleading out of order or ahead, you generally waive your right to file
[01:50:08.880 --> 01:50:11.040]  any other responsive pleadings.
[01:50:11.040 --> 01:50:15.480]  That is with the exception of the motion to dismiss pursuant to practice book 10-33.
[01:50:15.480 --> 01:50:21.080]  Obviously, subject matter jurisdiction can be raised at any time and cannot be waived
[01:50:21.080 --> 01:50:23.000]  by any party or by consent.
[01:50:23.000 --> 01:50:31.080]  So, in effect, there really was no good reason not to file a responsive pleading, and the
[01:50:31.080 --> 01:50:33.080]  court granted it.
[01:50:33.080 --> 01:50:39.600]  This is the way I like to see them done, where you cover all the bases.
[01:50:39.600 --> 01:50:42.280]  This is the only way to do it.
[01:50:42.280 --> 01:50:47.440]  I mean, and what I tell people about writing a complaint or a counterclaim is this.
[01:50:47.440 --> 01:50:52.000]  Don't write what you want necessarily, what you believe necessarily.
[01:50:52.000 --> 01:50:58.480]  Write it in such a way that if you could get a motion for summary judgment written on the
[01:50:58.480 --> 01:51:04.840]  short calendar tomorrow, you could run into court and basically say, here's why paragraph
[01:51:04.840 --> 01:51:06.440]  one is true.
[01:51:06.440 --> 01:51:08.600]  Here's the evidence for paragraph two.
[01:51:08.600 --> 01:51:10.240]  Here's the evidence for paragraph three.
[01:51:10.240 --> 01:51:15.800]  And by the way, that's how I won the Quo Warrant O Case.
[01:51:15.800 --> 01:51:20.120]  That was the one, if anybody hasn't heard of it, where I got a public official thrown
[01:51:20.120 --> 01:51:22.120]  out of office.
[01:51:22.120 --> 01:51:26.120]  Yeah, that was cool.
[01:51:26.120 --> 01:51:31.240]  You need to call in with more of those, Quo, more often?
[01:51:31.240 --> 01:51:41.000]  Warrant O and Mandamus, we got rid of Mandamus, too, two for one.
[01:51:41.000 --> 01:51:44.400]  So how long since, okay, 10 days since you got the default?
[01:51:44.400 --> 01:51:45.400]  Yes.
[01:51:45.400 --> 01:51:52.440]  It's been about 10 days, and basically, we're just going to abide our sweet little time.
[01:51:52.440 --> 01:51:55.520]  And the longer they wait, the more ridiculous they will look in.
[01:51:55.520 --> 01:52:00.560]  By the way, they look pretty ridiculous already because they have a previous action which
[01:52:00.560 --> 01:52:03.040]  is still ongoing, which they sat on.
[01:52:03.040 --> 01:52:07.360]  And their story is different in this one.
[01:52:07.360 --> 01:52:11.840]  Plenary jurisdiction, how does that run in Connecticut?
[01:52:11.840 --> 01:52:12.840]  Plenary jurisdiction?
[01:52:12.840 --> 01:52:18.600]  Plenary, when does the judge lose jurisdiction over the case?
[01:52:18.600 --> 01:52:27.240]  In Texas, once the judge renders a final ruling, like a default dismissal or default judgment,
[01:52:27.240 --> 01:52:35.160]  once he's rendered a dispositive ruling, the other side has 30 days to invoke jurisdiction
[01:52:35.160 --> 01:52:41.840]  of the court to hear a motion to strike or whatever.
[01:52:41.840 --> 01:52:47.560]  After 30 days, the judge himself no longer has jurisdiction in the case, so the case
[01:52:47.560 --> 01:52:48.560]  is done.
[01:52:48.560 --> 01:52:51.600]  Do you have something like that in Connecticut?
[01:52:51.600 --> 01:52:52.600]  Yes.
[01:52:52.600 --> 01:52:57.160]  We have several practice book sections where, and I believe there's a statute that says,
[01:52:57.160 --> 01:53:03.040]  in general, a judgment may be opened up in four months, in general.
[01:53:03.040 --> 01:53:09.800]  However, you have other doctrines, for example, the prior pending action doctrine, where if
[01:53:09.800 --> 01:53:14.520]  you have two suits between the same parties to adjudicate essentially the same rights,
[01:53:14.520 --> 01:53:18.280]  the later suit has to be abated, and our case law provides that the court lacks subject
[01:53:18.280 --> 01:53:20.880]  marriage jurisdiction and you're the second.
[01:53:20.880 --> 01:53:25.160]  Because we have the counterclaim, they're kind of stuck with us now.
[01:53:25.160 --> 01:53:30.440]  You also have the doctrine of mootness, like for example, something happened which basically
[01:53:30.440 --> 01:53:37.640]  renders the controversy over and done, and no practical release can be awarded to the
[01:53:37.640 --> 01:53:38.640]  plaintiffs.
[01:53:38.640 --> 01:53:41.720]  The court lacks subject marriage jurisdiction.
[01:53:41.720 --> 01:53:46.120]  Obviously, the complaint has to be justifiable.
[01:53:46.120 --> 01:53:49.960]  The court has to be able to award some practical release.
[01:53:49.960 --> 01:53:51.520]  There has to be an actual controversy.
[01:53:51.520 --> 01:53:52.880]  It can't be hypothetical.
[01:53:52.880 --> 01:53:53.880]  There is justiciability.
[01:53:53.880 --> 01:54:01.080]  There's a whole other discussion in and of itself, and there's also standing.
[01:54:01.080 --> 01:54:03.080]  Obviously, I don't care where you are.
[01:54:03.080 --> 01:54:05.280]  I'm sure this is the same in Texas.
[01:54:05.280 --> 01:54:07.840]  The plaintiff has to have standing.
[01:54:07.840 --> 01:54:12.160]  That is, they have to have an interest in the controversy of standing, as our courts
[01:54:12.160 --> 01:54:17.800]  have said, is basically the right to set the judicial machinery in motion.
[01:54:17.800 --> 01:54:22.400]  The plaintiff in an individual or representative capacity, because Deutsche Bank's the trustee,
[01:54:22.400 --> 01:54:28.440]  it would be a representative capacity, they would have to argue that they have standing.
[01:54:28.440 --> 01:54:33.280]  Of course, the burden is on them to show that.
[01:54:33.280 --> 01:54:37.760]  I know it's pretty broad the way you worded the question, but in general, they have about
[01:54:37.760 --> 01:54:40.320]  four months to get that set aside.
[01:54:40.320 --> 01:54:47.040]  I doubt they will, only because of the nature of the whole thing we set up.
[01:54:47.040 --> 01:54:53.320]  No matter what they file, they're basically in a place we want them.
[01:54:53.320 --> 01:54:56.920]  Have you been filing any grievances or motions for sanctions?
[01:54:56.920 --> 01:54:59.480]  Oh, as a matter of fact, yes.
[01:54:59.480 --> 01:55:03.840]  I am filing two bar grievances in Rhode Island, believe it or not.
[01:55:03.840 --> 01:55:08.240]  I created a monster out there, long story short.
[01:55:08.240 --> 01:55:13.520]  She sued her landlord because the place was environmentally hazardous, mold, construction
[01:55:13.520 --> 01:55:18.320]  equipment, barrels of unknown substance, broken windows, and she's like, what the heck?
[01:55:18.320 --> 01:55:22.520]  He says, I'm going to sue you for non-payment of rent, even though you received the new
[01:55:22.520 --> 01:55:23.520]  pay.
[01:55:23.520 --> 01:55:27.560]  It was after she filed suit, Rhode Island was a prior pending action, and then just
[01:55:27.560 --> 01:55:32.800]  to drag her through the mud, he goes for a temporary restraining order.
[01:55:32.800 --> 01:55:37.440]  Rhode Island actually has rules that mirror the federal rules of procedure.
[01:55:37.440 --> 01:55:44.360]  We 12B6 them to the Stone Age on the third suit, and we filed a motion under Rule 11
[01:55:44.360 --> 01:55:47.640]  for sanctions because the complaint wasn't even signed.
[01:55:47.640 --> 01:55:53.840]  As a matter of fact, an attorney that represented her on several cases in the past tried to
[01:55:53.840 --> 01:56:00.040]  represent the landlord and tried to help with the case, and the judge actually yelled at
[01:56:00.040 --> 01:56:01.960]  him in open court for this.
[01:56:01.960 --> 01:56:05.880]  He tried to walk up to the podium, he's like, your honor, if I may clarify something, and
[01:56:05.880 --> 01:56:09.960]  the judge just looked at him and said, no, you may not.
[01:56:09.960 --> 01:56:12.160]  You have a conflict of interest.
[01:56:12.160 --> 01:56:15.800]  I thought I told you that.
[01:56:15.800 --> 01:56:20.960]  The judge basically ripped both attorneys a new one and said, listen, I told you this
[01:56:20.960 --> 01:56:26.200]  better not involve the allegations she made in her first suit because you wasted the court's
[01:56:26.200 --> 01:56:27.200]  time.
[01:56:27.200 --> 01:56:33.520]  And as a matter of fact, my friend could have gone there and said nothing, and she would
[01:56:33.520 --> 01:56:35.320]  have won.
[01:56:35.320 --> 01:56:38.520]  But the funny thing is, we went back for the eviction, unfortunately, she didn't catch
[01:56:38.520 --> 01:56:42.560]  it in time, summary process is fast, the appellate period ran out.
[01:56:42.560 --> 01:56:46.840]  But here's what the bar grievance was, the second attorney that represented her was there
[01:56:46.840 --> 01:56:48.320]  in court again.
[01:56:48.320 --> 01:56:49.320]  I walked by him.
[01:56:49.320 --> 01:56:52.360]  He's giving me this look like who's the guy in the necktie?
[01:56:52.360 --> 01:56:55.960]  I mean, the necktie boy shows up, everybody goes, who is he?
[01:56:55.960 --> 01:56:57.920]  You know, I was like, hey, how's it going?
[01:56:57.920 --> 01:57:01.280]  I'm like, oh, pretty good yourself, he's like, I'm not doing too bad.
[01:57:01.280 --> 01:57:07.240]  So I walked right up to the clerk's office, and they're both leaning there on the counter.
[01:57:07.240 --> 01:57:10.800]  And I'm asking the clerk, I'm like, so you guys have like forms for Rhode Island?
[01:57:10.800 --> 01:57:12.080]  And she's like, what are you looking for?
[01:57:12.080 --> 01:57:13.560]  I said it very loudly.
[01:57:13.560 --> 01:57:22.400]  I need two blank forms to file a bar grievance, two attorneys practicing in Rhode Island.
[01:57:22.400 --> 01:57:25.400]  They did not like that.
[01:57:25.400 --> 01:57:29.040]  I think they knew that the attorneys you were talking about.
[01:57:29.040 --> 01:57:30.040]  Yeah.
[01:57:30.040 --> 01:57:36.080]  So one, you need to be bar grieved for a conflict of interest, the second is being bar grieved
[01:57:36.080 --> 01:57:37.840]  for lying to the court openly.
[01:57:37.840 --> 01:57:41.960]  There was a question on whether she got the complaint.
[01:57:41.960 --> 01:57:46.480]  The complaint was actually brought into her house by her significant other.
[01:57:46.480 --> 01:57:51.640]  But initially, the lawyer tried to say, oh, the constable was attacked by three pit bulls
[01:57:51.640 --> 01:57:52.640]  and he couldn't get in.
[01:57:52.640 --> 01:57:56.640]  And the constable testified says, I wasn't attacked.
[01:57:56.640 --> 01:58:03.520]  Okay, we are we are out of time.
[01:58:03.520 --> 01:58:09.320]  And Carlos, I'm sorry we didn't get to you, Carlos, we seem to always have you right on
[01:58:09.320 --> 01:58:10.320]  the end.
[01:58:10.320 --> 01:58:11.320]  It's my fault earlier.
[01:58:11.320 --> 01:58:16.240]  I've just been having too much fun.
[01:58:16.240 --> 01:58:19.920]  No, no, no.
[01:58:19.920 --> 01:58:22.000]  Dan has a way of having way too much fun.
[01:58:22.000 --> 01:58:24.120]  It's been a while since we've talked to him.
[01:58:24.120 --> 01:58:28.120]  So I'm sorry I used up all the time, but give us a call next week.
[01:58:28.120 --> 01:58:30.360]  We'll try to get to you earlier.
[01:58:30.360 --> 01:58:39.240]  This is Randy Kelton, Deborah Stevens, Joe Esquivel on Friday, November the 1st, 2013.
[01:58:39.240 --> 01:58:40.920]  Thank you all for listening.
[01:58:40.920 --> 01:58:44.600]  We'll be all we'll all be back next week.
[01:58:44.600 --> 01:58:50.760]  Thank you for listening and good night.
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