[00:00.000 --> 00:07.720] This is the Liberty Beat, your daily source for Liberty news and activist updates, online [00:07.720 --> 00:08.720] at thelibertybeat.com. [00:08.720 --> 00:13.720] I'm Brian Hagan with your Liberty Beat for Friday, June 6, 2014. [00:13.720 --> 00:20.800] Gold opened today at $1,253, silver opened in 1906, and Bitcoin is trading at $658. [00:20.800 --> 00:24.840] Support for the Liberty Beat comes from voice and exit, maximizing human flourishing through [00:24.840 --> 00:25.840] radical innovation. [00:25.840 --> 00:27.440] Tickets on sale now. [00:27.440 --> 00:32.040] Get 10% off with promo code FREEDOM, June 21 at Austin Music Hall. [00:32.040 --> 00:34.520] Get yours at voiceandexit.com. [00:34.520 --> 00:39.280] Support also comes from Accountable Authority, now offering a public database of police abuse [00:39.280 --> 00:43.640] and misconduct, online at accountableauthority.com. [00:43.640 --> 00:48.400] In the news, the Los Angeles Police Department acquired two drones this week, enabling them [00:48.400 --> 00:53.840] to move closer towards using drones for manhunts, standoffs, and other tactical events. [00:53.840 --> 00:57.760] The drones were given to LAPD free of charge for the Seattle Police Department. [00:57.760 --> 01:01.960] Each remote-controlled copter is about three feet in width, has three rotors, and is equipped [01:01.960 --> 01:03.800] to carry a video camera. [01:03.800 --> 01:09.840] CBS reports the FAA must grant the LAPD with a certificate to use the drone. [01:09.840 --> 01:16.720] The application process is still in the preliminary stages. [01:16.720 --> 01:21.920] A 14-year-old female San Marcos student confided in her parents as she was asked how far she [01:21.920 --> 01:25.600] was willing to go sexually during a sex education lesson. [01:25.600 --> 01:29.720] Woodland Park Middle School reportedly asked students to stand under signs labeled smile [01:29.720 --> 01:34.320] that, hugged, kissed, above the waist, below the waist, and all the way, as according to [01:34.320 --> 01:36.920] a report from 10 News. [01:36.920 --> 01:40.960] School officials defended the dating lesson, saying the goal was to discuss what is appropriate [01:40.960 --> 01:43.440] for dating at the middle school level. [01:43.440 --> 01:46.640] Students felt embarrassed because they thought the teacher wanted to know how far each would [01:46.640 --> 01:47.640] go sexually. [01:47.640 --> 01:55.760] The school's principal says the lesson has been in use for several years now. [01:55.760 --> 01:59.800] Pakistani officials are calling CIA drone strikes illegal and a criminal act that needs [01:59.800 --> 02:01.320] to be investigated. [02:01.320 --> 02:05.400] On Thursday, a Pakistani court ordered police to investigate murder allegations against [02:05.400 --> 02:08.320] senior CIA officer Jonathan Banks. [02:08.320 --> 02:12.360] Human rights campaigners say the move opens up the doorway for other cases to be brought [02:12.360 --> 02:14.400] against the U.S. [02:14.400 --> 02:17.720] Reports show more than 60 percent of drone strikes target private homes in the middle [02:17.720 --> 02:21.160] of the night, often killing innocent families in their sleep. [02:21.160 --> 02:24.680] On Wednesday night, a U.S. drone strike killed three men in Yemen. [02:24.680 --> 02:28.560] Support for Liberty Beach comes from My Magic Mud, all natural teeth whitener. [02:28.560 --> 02:32.440] Go to MyMagicMud.com to hear a short interview with Dr. Griffin Cole. [02:32.440 --> 02:34.480] That's MyMagicMud.com. [02:34.480 --> 02:39.160] And support comes from Brave New Books, now offering Pro Pure Water Filtration, the only [02:39.160 --> 02:43.920] gravity-driven all-in-one fluoride removal system that also alkalizes the water. [02:43.920 --> 02:49.080] Find them in Austin, 1904 Guadalupe Street, or online, BraveNewBookstore.com. [02:49.080 --> 02:53.120] This is the Liberty Beach for Friday, June 6, 2014. [02:53.120 --> 03:22.880] Check out the website at LibertyBeach.com. [03:24.120 --> 03:47.880] Check out the website at LibertyBeach.com, or online, BraveNewBookstore.com. [03:47.880 --> 04:09.640] Check out the website at LibertyBeach.com, or online, BraveNewBookstore.com, or online, [04:39.640 --> 04:46.400] good evening everyone this is Joe Esquivel tonight on rule of law radio with Randy Kelton [04:46.400 --> 04:57.240] and Steve Skidmore as well today is June 6 2014 today we are going to be talking about [04:57.240 --> 05:07.480] MCI and the role that MCI is playing today to find MCI mortgage compliance investigators [05:07.480 --> 05:16.280] which is that is the company in which I am a private license investigator for now the [05:16.280 --> 05:23.400] reason that this is important is because we've been given a lot of information and everyone's [05:23.400 --> 05:32.040] been asking Joe what is this information and how am I going to use this information what [05:32.040 --> 05:43.560] sets MCI apart from everyone else I can go get an audit tomorrow you're right you can [05:43.560 --> 05:47.760] go there's an outfit in Houston I think it'll do it on a computer for like five hundred [05:47.760 --> 05:53.880] dollars correct so what do you get for five hundred bucks well nothing nothing you get [05:53.880 --> 06:01.520] using court cursory information and that's cursory and they give you parameters in which [06:01.520 --> 06:07.800] they've done their guidelines and it may or it may not fall within those guidelines the [06:07.800 --> 06:16.280] difference with what mortgage compliance investigators gives you is that it's a three-pronged weapon [06:16.280 --> 06:23.200] that you're getting now this weapon you need to understand how to use it because if you [06:23.200 --> 06:31.840] get a chain of title analysis and an investigation it does you know good if you do not know how [06:31.840 --> 06:40.560] to use the information which we have to understand is that a chain of title analysis is a chain [06:40.560 --> 06:48.200] of title analysis and investigation by a licensed private investigator why is that important [06:48.200 --> 06:53.200] well it's important because in order for me to give you this information I need to be [06:53.200 --> 07:02.000] licensed I believe there's 42 states which require there are 42 states a licensed professional [07:02.000 --> 07:08.120] to attest to that information I've researched this issue about three years ago and I've [07:08.120 --> 07:15.120] I counted myself I counted 42 states and this is current information as well 42 states in [07:15.120 --> 07:22.240] the United States that have licensing requirements and let me go just very briefly into this [07:22.240 --> 07:29.280] you can look into your own issues that creates another headache because bias prejudice omission [07:29.280 --> 07:33.520] now starts to come into play now you've got an uphill battle to prove that you have not [07:33.520 --> 07:42.320] left out anything how do you prove a negative you can't so it behooves you to have an uninterested [07:42.320 --> 07:49.280] third party look into your issues well in these 42 states if you are an uninterested [07:49.280 --> 07:56.280] third party who is looking into the issues of another party there are licensing requirements [07:56.280 --> 08:04.160] for that if you are generating a report of your findings and that report is designated [08:04.160 --> 08:11.160] to be used in a court of law which why else would you go get an alleged audit or an analysis [08:11.160 --> 08:16.840] unless you can use it in law or in a court if you're going to use this in court you better [08:16.840 --> 08:28.200] be licensed and bonded in 42 states of the union Joe is licensed and bonded correct so [08:28.200 --> 08:36.240] when we do our chain of title analysis and investigation what we are doing is laying [08:36.240 --> 08:44.080] the foundation in which you are going to build your house you want to build a house of straw [08:44.080 --> 08:52.760] or a house built of brick one that will not waver when the winds blow I want four foot [08:52.760 --> 08:59.280] thick concrete correct course bark reinforce walls this investigation that we do lays [08:59.280 --> 09:08.120] the foundation for any further action that before any action that you're going to take [09:08.120 --> 09:13.920] because what I've seen Steve is that the minute someone goes into foreclosure they wait to [09:13.920 --> 09:19.800] the last second then they run for help and they say I need to file a complaint then they [09:19.800 --> 09:28.400] file a quiet title complaint or they file a TRO or they file any sort of complaint and [09:28.400 --> 09:34.440] then once they have this complaint everybody that they invited to that party MERS Wells [09:34.440 --> 09:41.800] Fargo Chase Bank of America countrywide they then try to kick them out well I don't want [09:41.800 --> 09:46.160] mercy because MERS has no standing I don't want Bank of America Bank of America didn't [09:46.160 --> 09:52.360] do anything so now you've invited everybody in and now you're kicking everybody out courts [09:52.360 --> 10:00.040] don't they don't like that no it's very confusing so what I've seen even with people that have [10:00.040 --> 10:05.440] gotten our chain of title analysis all right I had someone today said well I put it in [10:05.440 --> 10:12.240] court the judge just looked at it what did you do with it I put it in court what was [10:12.240 --> 10:17.680] the intent intention what do you mean put it in court did you include it as an exhibit [10:17.680 --> 10:24.120] to your pleadings or did you have it entered into the record as evidence well they thought [10:24.120 --> 10:29.480] it was going to grow legs and walk and talk by itself no it doesn't the problem is you [10:29.480 --> 10:36.100] got to teach it that there's a yeah there is a process for just because you put attachments [10:36.100 --> 10:40.880] or exhibits into your pleading does not mean that you have evidence on the record you have [10:40.880 --> 10:47.360] to enter your exhibits as evidence that means that the court has to accept them there's [10:47.360 --> 10:51.200] a process for going through that and I don't go through that right now we can we can do [10:51.200 --> 10:56.760] that right here later but there's a process just because you have just because you mentioned [10:56.760 --> 11:01.440] something in your pleading or that you have an attachment or an exhibit does not mean [11:01.440 --> 11:09.120] that you have evidence no what the investigation is in the chain title analysis it is an analysis [11:09.120 --> 11:18.400] to be used as an analysis and as an educational piece it is set in the groundwork all right [11:18.400 --> 11:26.560] for a declaratory judgment for a suit to quiet a cloud on title with the rescission of a [11:26.560 --> 11:33.880] deed with a with the rescission of an assignment of a deed of trust or the rescission of an [11:33.880 --> 11:40.760] assignment of a mortgage or the rescission of an assignment of a security deed that was [11:40.760 --> 11:46.960] ineligible to be recorded so you're attacking the assignments we are attacking that this [11:46.960 --> 11:55.200] document was ineligible to be recorded right because the whole purpose of the country quarters [11:55.200 --> 12:02.000] office is to memorialize transactions right so when you put a document such as an assignment [12:02.000 --> 12:08.360] of deed of trust with the county recorder's office what you are saying is I am claiming [12:08.360 --> 12:19.080] a superior claim to property all right I have a superior lien on your property okay so what [12:19.080 --> 12:28.480] you're telling me then is that this assignment deed of trust is to memorialize the transactions [12:28.480 --> 12:34.520] of the sale of a tangible promissory note and the acquisition of rights basically that's [12:34.520 --> 12:40.440] what they're saying so then what I have to do is say okay well my question is was it [12:40.440 --> 12:47.920] eligible to be recorded what is it that they're saying if you're claiming that a transaction [12:47.920 --> 12:52.640] is taking place well then my question is have we done it according to statutory requirements [12:52.640 --> 13:01.600] of law so let's take a look at what statutes govern negotiation transfer and delivery so [13:01.600 --> 13:07.380] depending what state you are in will depend on these statutes and laws that I will look [13:07.380 --> 13:13.860] at so to start with let's say if you're in California I'm going to go to California commercial [13:13.860 --> 13:22.860] code and I will look up seven five oh one negotiation transfer and delivery okay well [13:22.860 --> 13:27.920] what is required for a document to be negotiated transferred and delivered and we go through [13:27.920 --> 13:35.420] the steps did they follow these steps okay now it's we're all talking about the acquisition [13:35.420 --> 13:39.320] of rights and the reason we're talking about the acquisition of rights is because we're [13:39.320 --> 13:47.600] talking about title all right title is everything all right title is the union of all elements [13:47.600 --> 13:55.240] constituting the legal right to control and dispose of property title is the legal link [13:55.240 --> 14:02.200] between a person who owns property and the property itself title is the legal evidence [14:02.200 --> 14:09.440] of a person's ownership rights in the property title is the manner in which the right to [14:09.440 --> 14:16.760] real property is acquired the conditions necessary to acquire a valid claim to land title is [14:16.760 --> 14:24.520] a right itself the legal consequences of such conditions so because we're talking about [14:24.520 --> 14:31.360] title we're talking about rights there's only one statute that one can go to in order to [14:31.360 --> 14:42.000] acquire rights and that statute would be three dash two oh three rights acquired by transfer [14:42.000 --> 14:46.880] unless you're in state new york because they use the 1961 codified version of the uniform [14:46.880 --> 14:54.280] commercial code you would go to three dash two oh two so what the investigation is doing [14:54.280 --> 15:00.560] is we are setting all of this information in place and the reason it sets it in place [15:00.560 --> 15:06.000] is because the people that claim to know what they are doing putting this information together [15:06.000 --> 15:16.320] the truth is people they don't so we take all of the guesswork out we put it together [15:16.320 --> 15:24.320] in a concise chronological format what was to happen what did happen what did not happen [15:24.320 --> 15:31.720] how was this to be taken care of according to law and what effect did the not happen [15:31.720 --> 15:41.680] right have on the instruments right because when you claim a transaction has taken place [15:41.680 --> 15:47.520] you need to back it up otherwise it's just a hearsay claim so while you may have a color [15:47.520 --> 15:57.860] of title based on this document steve just because you file something that does not make [15:57.860 --> 16:07.440] it true you can tell me joe the sky is pink the sky is purple that does not make it so [16:07.440 --> 16:14.440] you need to back it up i was in justice court one day and this is going to be the the point [16:14.440 --> 16:20.680] of contact for most people with the court system that's going to be in your lower court where [16:20.680 --> 16:26.480] a forcible detainer a forcible entering detainer is filed i had a justice of the peace here [16:26.480 --> 16:35.480] in texas tell me one day that all i need is color of or colorable title to come to a decision [16:35.480 --> 16:40.240] they don't have to prove up absolute title they don't have to prove up a chain of title [16:40.240 --> 16:45.560] they have an assignment of a d to trust or substitute trust easy i hear the music in [16:45.560 --> 16:49.440] the background folks we're going to leave the phones off until we come back from a couple [16:49.440 --> 16:54.440] more breaks this is randy kelton steve skidmore joe esquivel we'll be right back after these [16:54.440 --> 17:04.440] few messages stay tuned through advances in technology our lives have greatly improved [17:04.440 --> 17:09.440] except in the area of nutrition people feed their pets better than they feed themselves [17:09.440 --> 17:14.760] and it's time we changed all that our primary defense against aging and disease in this [17:14.760 --> 17:21.200] toxic environment is good nutrition in a world where natural foods have been irradiated adulterated [17:21.200 --> 17:27.160] and mutilated young jevety can provide the nutrients you need logos radio network gets [17:27.160 --> 17:32.800] many requests to endorse all sorts of products most of which we reject we have come to trust [17:32.800 --> 17:38.960] young jevety so much we became a marketing distributor along with alex jones ben fuchs [17:38.960 --> 17:45.080] and many others when you order from logos radio network.com your health 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tables on them and make them pay you to go away the [18:34.280 --> 18:40.120] michael mirrors proven method is the solution for how to stop debt collectors personal consultation [18:40.120 --> 18:45.160] is available as well for more information please visit ruleoflawradio.com and click [18:45.160 --> 18:52.200] on the blue michael mirrors banner or email michael mirrors at yahoo.com that's ruleoflawradio.com [18:52.200 --> 18:59.920] or email m i c h a e l m i r r a s at yahoo.com to learn how to stop debt collectors now [19:22.200 --> 19:31.400] welcome back to rule of law friday night a four-hour marathon folks you're listening [19:31.400 --> 19:39.000] to joe esquivel who is going through some changes that have been made in the private [19:39.000 --> 19:47.160] investigation firm in which he works joe okay so we're talking about rights what we're doing [19:47.160 --> 19:58.960] is we are identifying the errors of the transactions that have been claimed so these transactions [19:58.960 --> 20:05.400] were an error of statutory requirements of law these transactions were not done in accordance [20:05.400 --> 20:16.340] with law so the acquiring of rights never happened there were no rights that were properly [20:16.340 --> 20:22.640] acquired according to law pursuant to what law pursuant to your state's equivalence of [20:22.640 --> 20:30.880] the uniform commercial code now for people that say joe the judges say that uniform commercial [20:30.880 --> 20:37.560] code does not apply we are not talking about federal people we are talking about your specific [20:37.560 --> 20:43.720] state's equivalence to the uniform commercial code yeah i've had people tell me well the [20:43.720 --> 20:48.800] judge told me that the ucc doesn't apply in that well well then why do you have a ucc [20:48.800 --> 20:53.840] why do why does your state have these statutes the whole point was that who is this lower [20:53.840 --> 20:58.640] level judge to say that law does not apply in my court it's not your court it's the people's [20:58.640 --> 21:03.520] court remember that what you have to understand steve is that there's so much bad case law [21:03.520 --> 21:08.800] yeah all right when all of these quiet title complaints are filed they're filed in a court [21:08.800 --> 21:14.520] of equity because a quiet title action is an equitable remedy it is an equitable right [21:14.520 --> 21:21.480] so what we're looking at is a declaratory judgment so we're asking that a determination [21:21.480 --> 21:26.280] why title is technically a declaratory judgment but you can get there without calling it quiet [21:26.280 --> 21:32.560] title a suit for quiet title or a suit to remove a cloud two different things correct [21:32.560 --> 21:43.080] so what we're looking at is a declaratory judgment to remove a cloud on title and we [21:43.080 --> 21:49.960] do that with the rescission of a document that's been filed into public record that [21:49.960 --> 22:01.520] was ineligible to be filed into public record because they have not done everything in accordance [22:01.520 --> 22:08.480] with law so we understand that the banks are claiming well i have an assignment of deed [22:08.480 --> 22:13.780] of trust all right now i have an assignment of deed of trust i'm going to file a substitution [22:13.780 --> 22:20.920] of trustee then once they do that then they file a notice of default with this new substitution [22:20.920 --> 22:27.340] of trustee beneficiary then once they file their notice of default election to sell then [22:27.340 --> 22:33.640] they file their notice of sale so we've got a lot of documents these that are built up [22:33.640 --> 22:44.200] off of this assignment of deed of trust so what we're looking at is to unwind these hearsay [22:44.200 --> 22:53.240] claims we want to unwind it and get a determination of the codes of the courts as to the status [22:53.240 --> 23:01.960] quo of the parties they want to come and play in the sandbox so before you have these players [23:01.960 --> 23:05.840] Steve come and play in your sandbox we want to see are they qualified to come play in [23:05.840 --> 23:16.960] the sandbox so when we talk about that you know have any determination of the courts [23:16.960 --> 23:26.000] of the status quo of the parties that want to play does bank of america qualify to play [23:26.000 --> 23:38.160] in your sandbox have they acquired any rights to title in accordance to law yes or no if [23:38.160 --> 23:46.940] we can show that they have not that is what we are looking to do so whether it is an assignment [23:46.940 --> 23:56.520] of mortgage whether it is an assignment of deed of trust rescinding this document we're [23:56.520 --> 24:05.200] asking the courts to void this assignment to render it a nullity to remove the encumbrance [24:05.200 --> 24:12.560] of the lien that's been placed on the property through this document so once we get that [24:12.560 --> 24:18.080] done Steve all right we're going to get in order from the court to remove the assignment [24:18.080 --> 24:25.440] to render this lien void at my mic down first thing that's going to do is knock your opponent [24:25.440 --> 24:33.880] out of the ring correct so what everyone has to understand is that before you can do anything [24:33.880 --> 24:41.320] you need to get a chain of title analysis and an investigation you need to get all of [24:41.320 --> 24:48.560] the arguments you need to have all of this information accumulated then it's put into [24:48.560 --> 24:55.800] the proper format the proper arguments so now when you have this document and you're [24:55.800 --> 25:02.800] going forth everything is already predefined who are the parties that want to play in your [25:02.800 --> 25:12.600] playground who are the parties that are entitled to take part in any future actions now if [25:12.600 --> 25:19.360] you kick them out through that order after I would file that order to public record I [25:19.360 --> 25:28.080] could then take that judgment signed from the courts the order and now go file it into [25:28.080 --> 25:35.360] a ongoing complaint I could file it in either an injunctive relief complaint I could put [25:35.360 --> 25:43.400] it into a TRO I can put it into a quiet title all right so now we've set the groundwork [25:43.400 --> 25:49.200] for who can come and play in any future parties now let me just break in here for just a second [25:49.200 --> 25:58.600] go for it once you get what or once somebody gets a competent analysis from a licensed [25:58.600 --> 26:05.360] bonded private investigator when you file that into the public land records you get [26:05.360 --> 26:14.680] a certified copy of what has been filed that becomes self authenticating that's a very [26:14.680 --> 26:20.360] key very important part in this in this game we're playing here and I hate to call it game [26:20.360 --> 26:31.520] but for lack of better vernacular a self authenticating document is admissible evidence the court [26:31.520 --> 26:36.940] cannot deny it because it has not been challenged it's in the public record they brought in [26:36.940 --> 26:41.400] a deed of trust it's in the public record they brought in a substitute trustees deed [26:41.400 --> 26:46.720] that's in the public record now you because it's in the public record it's self authenticating [26:46.720 --> 26:51.920] why do you think it's so easy for these foreclosure mill attorneys to get this stuff filed in [26:51.920 --> 26:56.440] the record of evidence in a specific case it's because it's self authenticating it's [26:56.440 --> 27:01.000] in the public record do the same thing with your analysis and you've got the same power [27:01.000 --> 27:08.680] that the other side has so now when we have this action what people have to understand [27:08.680 --> 27:16.960] Steve is that this declaratory judgment is in a court of law it's not in a court of equity [27:16.960 --> 27:23.080] this has nothing to do with foreclosure because foreclosure all right is nothing more than [27:23.080 --> 27:30.680] an alternative means to collect a debt correct and is also listed under FDCPA yes it's a [27:30.680 --> 27:39.440] collection correct so i laugh when i hear the people i hear many of these attorneys saying [27:39.440 --> 27:45.720] oh my god all that homeowner wants is a free house no such thing no there is no such thing [27:45.720 --> 27:51.280] because what they're not saying is well there is no loss of a free house there's only the [27:51.280 --> 28:00.400] loss of an alternative means of collection that one had never properly had they have [28:00.400 --> 28:08.880] never acquired the rights to collect on this alternative means of collection using a security [28:08.880 --> 28:19.540] instrument so when you look at what does one acquire how do they acquire it if it is not [28:19.540 --> 28:25.840] done in accordance with law they've acquired nothing they have acquired nothing yes MERS [28:25.840 --> 28:34.160] can do an assignment what did MERS assign MERS can assign a deed of trust MERS can do [28:34.160 --> 28:41.380] an assignment of mortgage but you need to ask yourself what was it that MERS assigned [28:41.380 --> 28:52.480] they could do an assignment of deed of trust a bet no conditions for collection [28:52.480 --> 28:57.040] because one of the things that you look at is where's agent principle relationship in [28:57.040 --> 29:02.900] all of this when you look at those notes with incomplete stamping steve where it says pay [29:02.900 --> 29:09.960] to the order of with an as of yet unnamed payee oh this is bearer paper okay well if [29:09.960 --> 29:17.120] it's bearer paper well then it's lack of agent principle relationship yeah how can you and [29:17.120 --> 29:24.160] we went over that last week how can somebody be an agent for an unnamed payee and we're [29:24.160 --> 29:31.080] talking about the copy of the note as it exists today not the copy that that you signed on [29:31.080 --> 29:36.200] the day of closing but the one as it exists today and i hear the music in the background [29:36.200 --> 29:41.880] again but we'll get a little deeper into this little deeper down this rabbit hole on the [29:41.880 --> 29:48.120] other side of this break folks we'll open the phones probably after the next break yeah [29:48.120 --> 29:52.720] next break we'll open okay next break we'll open the phones i'll wait till then to give [29:52.720 --> 30:03.000] the number we'll be right back after these messages folks stay tuned for the first time [30:03.000 --> 30:08.240] in a thousand years an ancient british university has changed its dress code in a very bizarre [30:08.240 --> 30:13.880] way i'm dr catherine albrecht back to tell how oxford university is rewriting the rules [30:13.880 --> 30:20.440] for school attire in a moment privacy is under attack when you give up data about yourself [30:20.440 --> 30:25.320] you'll never get 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today's america we live in an us against [32:07.800 --> 32:11.280] them society and if we the people are ever going to have a free society then we're going [32:11.280 --> 32:15.120] to have to stand and defend our own rights among those rights are the right to travel [32:15.120 --> 32:18.840] freely from place to place the right to act in our own private capacity and most importantly [32:18.840 --> 32:23.080] the right to due process of law traffic courts afford us the least expensive opportunity [32:23.080 --> 32:27.480] to learn how to enforce and preserve our rights through due process former sheriff's deputy [32:27.480 --> 32:31.040] Eddie Craig in conjunction with rule of law radio has put together the most comprehensive [32:31.040 --> 32:34.640] teaching tool available that will help you understand what due process is and how to [32:34.640 --> 32:38.320] hold courts to the rule of law you can get your own copy of this invaluable material [32:38.320 --> 32:42.320] by going to rule of law radio dot com and ordering your copy today by ordering now you'll [32:42.320 --> 32:46.800] receive a copy of Eddie's book the texas transportation code the law versus the lie video and audio [32:46.800 --> 32:51.560] of the original 2009 seminar hundreds of research documents and other useful resource material [32:51.560 --> 32:54.680] learn how to fight for your rights with the help of this material from rule of law radio [32:54.680 --> 32:59.120] dot com order your copy today and together we can have the free society we all want and [32:59.120 --> 33:20.120] deserve you're listening to the logos radio network at logos radio network dot com welcome [33:20.120 --> 33:26.120] back to rule of law radio folks need to say something real quick about our sponsors our [33:26.120 --> 33:32.800] sponsors are very important to us our sponsors are what keep Randy Kelton Debra Stevens Eddie [33:32.800 --> 33:38.960] Craig Joe Esquivel Steve Skidmore and many many many other broadcasters on logos radio [33:38.960 --> 33:45.520] on the air for your benefit we don't do this because we like the sound of our own voice [33:45.520 --> 33:51.760] we do this because there's there's no doubt that this nation is in trouble we're in deep [33:51.760 --> 33:58.020] donkey biscuits and if we ever expect to dig our way out we're going to need knowledge [33:58.020 --> 34:03.360] and that's what we all strive to do here on on logos radio and rule of law radio is bring [34:03.360 --> 34:09.560] to the airwaves knowledge that is pretty well hidden for the most part from from the average [34:09.560 --> 34:16.320] Joe and what helps keeps us keep us all on air are our sponsors so I would highly encourage [34:16.320 --> 34:21.720] everybody to go to rule of law radio or logos radio and take care of our sponsors there [34:21.720 --> 34:27.040] are all kinds of good things on here if you're if you're going to go bear back that is pro [34:27.040 --> 34:34.000] se pro per and to get back down to lay terms if you're going to go into court without an [34:34.000 --> 34:42.920] attorney by your side one indispensable tool that you really owe it to yourself to have [34:42.920 --> 34:51.600] in your arsenal is jurisdictionary jurisdictionary is like a lawyer in a can I've made the analogy [34:51.600 --> 34:58.320] that if you know if you're going to have a tool which is what jurisdictionary is which [34:58.320 --> 35:04.500] if you're going in with a lawyer your lawyer is a tool and if you don't know how to use [35:04.500 --> 35:10.520] that tool you're liable to hurt yourself or that tool will hurt you you've got to know [35:10.520 --> 35:16.560] how that tool operates you've got to know where where the where to put fuel into it [35:16.560 --> 35:21.760] you've got to know how to start it you've got to know how to turn it you've got to figure [35:21.760 --> 35:28.300] out what you're doing and jurisdictionary is I've got the course myself jurisdictionary [35:28.300 --> 35:35.520] is one indispensable very reliable tool that's put together by a jurist doctorate named Frederick [35:35.520 --> 35:41.960] Graves in Florida he was a practicing attorney I believe he's retired but Dr. Graves has [35:41.960 --> 35:52.400] put together the best in my opinion the probably the only pro se self-help package jurisdictionary [35:52.400 --> 36:00.240] is a must to have if you're concerned about your health tangy tangerine very very good [36:00.240 --> 36:06.560] product don't know enough about it to go way into it but speaking of way there's one world [36:06.560 --> 36:15.960] way gold and silver trading if you've got problems with a debt collector Mike Maris [36:15.960 --> 36:24.100] Mike Maris has fought I believe to date six cases and won all six cases fighting debt [36:24.100 --> 36:30.120] collectors in court a noble lie that's the truth behind the Oklahoma City bombing in [36:30.120 --> 36:39.860] 1999 folks this is must have information and Jerry Jerry Stevens piano service I found [36:39.860 --> 36:45.280] an old piano for my mother-in-law had Jerry come and tune it this thing had all kinds [36:45.280 --> 36:52.960] of toys and Legos and paper cups and all kinds of stuff stuff down in it from years of neglect [36:52.960 --> 37:02.560] this thing plays like a new Steinway but enough about that please go go take care of our sponsors [37:02.560 --> 37:09.160] because our sponsors take care of us and we try to take care of you back to Joe Esquivel [37:09.160 --> 37:16.720] okay thanks you Steve very much again can't emphasize we need to take care of our sponsors [37:16.720 --> 37:24.120] they're taking care of the radio show we need to get back and discuss what it is that we're [37:24.120 --> 37:31.480] talking about we're talking about a declaratory judgment this is not we're not talking about [37:31.480 --> 37:38.560] where babies come from no this has nothing to do with foreclosure at all this is the [37:38.560 --> 37:48.360] standalone action in a court of law not a court of equity so before we do anything we [37:48.360 --> 37:58.340] need to identify where are the errors so you're not talking about a suit for quiet title no [37:58.340 --> 38:04.440] a suit for all of the Tila and rest of stuff that they did in the beginning you're not [38:04.440 --> 38:10.360] talking about anything but a declaratory judgment that's all you want you're in and in a declaratory [38:10.360 --> 38:15.200] judgment you're not asking for money damages you're not asking for anything other than [38:15.200 --> 38:22.640] a determination of the courts correct as to the status quo of claim parties that are claiming [38:22.640 --> 38:28.560] a superior claim to your real property a suit for monetary damages would come later after [38:28.560 --> 38:34.520] you get your everything would come later in my opinion everything all right so in order [38:34.520 --> 38:44.560] for you to get this declaratory judgment you need to identify with specificity and particularity [38:44.560 --> 38:55.120] the parties the statutes the arguments and that's what the chain of title analysis does [38:55.120 --> 39:02.520] right because if you go ahead and go quiet file a quiet title action what I've seen in [39:02.520 --> 39:08.680] a large number of them Steve the minute that they're filed all right they're remanded to [39:08.680 --> 39:16.480] federal court based on diversity in the threshold dollar amount and then there's a motion to [39:16.480 --> 39:25.240] dismiss filed and you get a 12b6 ruling yep failure state of cause failure state of claim [39:25.240 --> 39:31.860] upon which relief can be granted I cannot tell you how many suits I have seen filed [39:31.860 --> 39:37.760] in state courts that are removed to the Fed nearly every time it's because these foreclosure [39:37.760 --> 39:46.080] mill attorneys know they're going to get a 12b6 you've geared your pleading for the state [39:46.080 --> 39:54.560] court but they remove it to the Fed now you have no federal issues you failed to state [39:54.560 --> 39:58.440] of claim upon which relief can be granted now you've got to have a pleading that they [39:58.440 --> 40:09.680] cannot remove to the Fed correct so what we're looking at is a separate action we just want [40:09.680 --> 40:13.560] a determination of the courts that's it you're like sneaking through the back door saying [40:13.560 --> 40:19.360] hey judge what do you think about this well that's exactly it because see once I get this [40:19.360 --> 40:28.280] determination up to the courts all right now what other tools we have at our disposal collateral [40:28.280 --> 40:36.000] estoppel russ judicata well yeah yeah after the fact you'll have after the fact you will [40:36.000 --> 40:43.200] have residue to cut it you will have law established in your case correct the collateral estoppel [40:43.200 --> 40:51.480] yep well collateral collateral estoppel would be the fact that the documents upon which [40:51.480 --> 40:56.120] another party would base their claims are null and void that's where your declaratory [40:56.120 --> 41:02.160] judgment comes in once you've got declaratory judge let's understand what res judicata is [41:02.160 --> 41:10.040] res judicata is not case law case law or prior cases that have that had nothing to do with [41:10.040 --> 41:19.280] your case res judicata is law that is established specifically in your case now when you get [41:19.280 --> 41:28.840] a declaratory judgment using Joe's affidavit now you have res judicata because it's your [41:28.840 --> 41:36.080] case it is law established in your case you've got a judgment you've got a judgment from [41:36.080 --> 41:44.200] the court declaring that the substitute trustees deed is void the deed of trust is void the [41:44.200 --> 41:48.320] notes not worth the paper it's written on well we're not we're not saying that the deed [41:48.320 --> 41:55.480] of trust is void we're saying that the assignment that was recorded is void okay and any documents [41:55.480 --> 42:01.640] filed after the assignment are is void now what if there were no assignments many many [42:01.640 --> 42:07.720] many cases there are no assignments on public record correct however there's still statutory [42:07.720 --> 42:20.800] requirements of law that must be met so again this is something that's very very important [42:20.800 --> 42:30.120] so we need to understand exactly what it is that the people are saying because the affidavit [42:30.120 --> 42:39.240] of fact that we're using in conjunction with this chain of title analysis is an affidavit [42:39.240 --> 42:46.680] of fact it is to be used as an affidavit of fact the chain of title analysis is not an [42:46.680 --> 42:58.840] affidavit of fact does that make sense steve yes okay because i've been seeing that many [42:58.840 --> 43:07.040] people out there are a little confused as to what an affidavit of fact is so an affidavit [43:07.040 --> 43:14.000] of fact is stating i have looked at these documents here is what i have seen you as [43:14.000 --> 43:21.000] a private investigator i as a private license investigator i have looked at a true at a [43:21.000 --> 43:26.920] purported true and correct copy of a tangible promissory note pertaining to steve skidmore [43:26.920 --> 43:33.080] here is what i saw on the note i have looked at a true and purported copy of a deed of [43:33.080 --> 43:41.160] trust filed into county record here is what i saw filed into county record i hear the [43:41.160 --> 43:45.560] music yep we're going to take it out at that point folks we're going to go ahead and turn [43:45.560 --> 43:52.080] the phone uh turn the phones on so if you'd like to call in 512-646-1984 is the number [43:52.080 --> 43:58.520] to dial to get that done uh i see we've got mike in missouri and james in texas and we'll [43:58.520 --> 44:06.840] be right back hello my name is steward smith from naturespureorganics.com and i would like [44:06.840 --> 44:12.360] to invite you to come by our store at 1904 guadalupe street sweet d here in austin texas [44:12.360 --> 44:16.360] i'm brave new books and jay payne to see all our fantastic health and wellness products [44:16.360 --> 44:21.040] with your very own eyes have a look at our miracle healing clay that started our adventure [44:21.040 --> 44:25.120] in alternative medicine take a peek at some of our other wonderful products including [44:25.120 --> 44:30.400] our australian emu oil lotion candles olive oil soaps and colloidal silver and gold call [44:30.400 --> 44:43.080] 512-264-4043 or find us online at naturespureorganics.com that's 512-264-4043 naturespureorganics.com [44:43.080 --> 45:01.280] don't forget to like us on facebook for information on events and our products naturespureorganics.com [45:01.280 --> 45:07.600] are you the plaintiff or defendant in a lawsuit win your case without an attorney with jurisdictionary [45:07.600 --> 45:14.360] the affordable easy to understand for cd course that will show you how in 24 hours step by [45:14.360 --> 45:20.800] step if you have a lawyer know what your lawyer should be doing if you don't have a lawyer [45:20.800 --> 45:26.320] know what you should do for yourself thousands have won with our step by step course and [45:26.320 --> 45:32.840] now you can too jurisdictionary was created by a licensed attorney with 22 years of case [45:32.840 --> 45:38.320] winning experience even if you're not in a lawsuit you can learn what everyone should [45:38.320 --> 45:44.080] understand about the principles and practices that control our american courts you'll receive [45:44.080 --> 45:51.600] our audio classroom video seminar tutorials forms for civil cases pro se tactics and much [45:51.600 --> 46:14.960] more please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ [46:14.960 --> 46:43.960] as jerry stevensbecker in the background singing i like that welcome back to rule of law radio [46:43.960 --> 46:52.080] folks see we've got some callers joe you ready to take some calls let's go okay let's go [46:52.080 --> 47:03.240] talk to james in texas hello james what's on your mind good evening good evening james [47:03.240 --> 47:09.680] well for one thing you went off air at about 8 33 in the middle of the talking are we back [47:09.680 --> 47:17.560] on i don't know yeah yeah that that's what we call falling off the cliff and we spent [47:17.560 --> 47:27.160] the whole break laughing at steve for falling off the cliff we do that on occasion we have [47:27.160 --> 47:32.240] a clock here that counts us down but sometimes when we're talking we don't see it and there's [47:32.240 --> 47:37.260] bumper music that comes on but no he's he's he's saying we went off air before we ever [47:37.260 --> 47:42.840] went to break hopefully we'll hopefully what about you you were still talking when we went [47:42.840 --> 47:50.720] off the air oh wait a minute no no we got dead air before we went to break yes i i said [47:50.720 --> 48:01.580] you went off air at 8 33 oh deborah's gonna beat us half to death for that 8 30 everybody [48:01.580 --> 48:14.680] hide we should have to 8 33 that's uh at the end of break 8 30 is when the break comes [48:14.680 --> 48:22.000] so at 8 33 we should have either we went off went to break late i don't know we'll we'll [48:22.000 --> 48:26.840] have deborah check it on we'll get that sorted out james what's on your mind tonight besides [48:26.840 --> 48:32.560] us not being on air listen to joe is what a lot of people don't understand is why you [48:32.560 --> 48:38.960] need all this consolidated information from somebody that is a professional is you you've [48:38.960 --> 48:46.320] got to take an account you're opposing attorneys and all of those people have spent thousands [48:46.320 --> 48:51.760] of hours and decades of getting the laws and everything the way they want and if you think [48:51.760 --> 48:57.440] you're going to pull this together in a few thousand hours by yourself but get it it ain't [48:57.440 --> 49:02.360] going to happen because there's too much to pull together from too many different areas [49:02.360 --> 49:12.440] you need help and you need it fast good i like that you're 100 correct in what you're [49:12.440 --> 49:21.640] saying james i cannot disagree the randy said this a lot of times you're not going to win [49:21.640 --> 49:25.800] because you have the facts and the law on your side you'll have the politics on your [49:25.800 --> 49:34.480] side we're what joe's been talking about from the beginning of this show is going around [49:34.480 --> 49:41.080] the politics going around all of the the convoluted arguments and all of the show me the notes [49:41.080 --> 49:45.200] stuff and and all of the common arguments that have been brought to the court those [49:45.200 --> 49:50.000] have already been shot down to a great degree though homeowners are still having getting [49:50.000 --> 49:56.400] some traction in court it's getting less and less and less agreed and that's why we're [49:56.400 --> 50:05.120] looking that before you can do anything we need to identify the errors we need then to [50:05.120 --> 50:11.600] have an affidavit of fact stating the facts exactly you fight fire with fire if you're [50:11.600 --> 50:19.040] going in against seasoned professionals expect to have an uphill battle you need to have [50:19.040 --> 50:27.600] seasoned professionals behind you if you expect even a chance of winning this correct so the [50:27.600 --> 50:35.440] affidavit of fact is an affidavit of fact so once we have all the groundwork in place [50:35.440 --> 50:45.200] as to having a declaratory judgment using the merits of legal theory as to what was [50:45.200 --> 50:51.520] to have taken place between these transactions and we're asking the courts did this take [50:51.520 --> 51:01.560] place yes or no if not making determination as to the status of these parties that are [51:01.560 --> 51:07.040] making a claim to a superior that is superior to yours well you're talking about simple [51:07.040 --> 51:13.960] facts let's let's define the difference between facts and opinion you can have a fact joe [51:13.960 --> 51:26.840] esquivel found that there was no named payee on the payee line of skidmore note correct [51:26.840 --> 51:35.680] okay where you might go off the deep end is offering opinion about that in my opinion [51:35.680 --> 51:40.240] that's against the law whoa wait a minute wait a minute that is no longer an affidavit [51:40.240 --> 51:47.920] of fact you put your opinion in there now you can offer opinion joe because you are [51:47.920 --> 51:54.840] a licensed bonded private investigator with knowledge in this area therefore you qualify [51:54.840 --> 52:01.900] as an expert witness when you're on the stand that's where you bring your opinion in but [52:01.900 --> 52:07.480] you don't bring your opinion into an affidavit of facts because then it becomes an affidavit [52:07.480 --> 52:13.960] of facts and the opinions of joe esquivel that's not an opinion that's not an affidavit [52:13.960 --> 52:19.440] of facts what you do is you keep it strictly to the facts period and you do not put your [52:19.440 --> 52:25.400] opinion in there you let the court come to its opinion or let the attorneys come to the [52:25.400 --> 52:31.320] opinion or if you take the stand you can give your opinion now let's talk about very briefly [52:31.320 --> 52:35.760] about the difference in witnesses you can have there are basically two different types [52:35.760 --> 52:43.760] of witnesses there is a competent fact witness and an expert witness what is the difference [52:43.760 --> 52:48.560] between the two the competent fact witness is the guy that was standing on the corner [52:48.560 --> 52:54.360] and he saw the little blue car run the red light and hit the red car standing on the [52:54.360 --> 53:02.180] corner he was a witness to those facts he's not offering his opinion now joe was standing [53:02.180 --> 53:10.440] on the corner and he saw the red car try to apply his brakes he heard a squeak with say [53:10.440 --> 53:17.640] joe's a mechanic he heard a squeak that means that the brakes were failing now he's offering [53:17.640 --> 53:26.800] his opinion he can do that as an expert witness an expert witness is not necessarily a competent [53:26.800 --> 53:35.520] fact witness but as where a competent fact witness cannot offer opinion an expert witness [53:35.520 --> 53:43.480] can but he can only do that on the stand and what happens every time you show up at court [53:43.480 --> 53:50.520] joe with badge on your hip they don't like me thank you do they want you on the stand [53:50.520 --> 53:56.260] they'd rather me not go there they'd rather you not be anywhere in the building yes so [53:56.260 --> 54:02.440] but we need that affidavit of fact because that affidavit of fact backs up the chain [54:02.440 --> 54:15.440] and title analysis and that analysis and investigation lays the groundwork for all future actions [54:15.440 --> 54:24.800] that groundwork lays everything in place for the declaratory judgment because without that [54:24.800 --> 54:30.840] declaratory judgment you're going to let everybody complain your ballpark and then you're going [54:30.840 --> 54:35.360] to try and throw them out and they're not going to go out and said they're going to [54:35.360 --> 54:44.000] try to throw you out of the park and i've seen that happen time and time again what [54:44.000 --> 54:52.000] the parties think they are doing when they file a quiet title complaint and what the [54:52.000 --> 54:57.560] homeowners actually doing are two different things many times they're setting themselves [54:57.560 --> 55:03.960] up to fail yes i've seen that plenty of times they don't have a correct understanding as [55:03.960 --> 55:14.020] to the facts and not only the facts but a lot of times they're just hearsay claims well [55:14.020 --> 55:18.520] i was told i was supposed to invite everybody and their mother to this quiet title party [55:18.520 --> 55:24.000] and then kick them out as soon as and then kick them out we're going to make a judge [55:24.000 --> 55:31.220] mad doing and the problem is that these people hate getting kicked out and they fight to stay [55:31.220 --> 55:35.840] in there what do they do steve they want to kick you out yeah i'm going to file a motion [55:35.840 --> 55:42.880] to dismiss or a summary judgment summary judgment you know what this is a frivolous lawsuit [55:42.880 --> 55:52.520] motion to dismiss remove to the fed 12b6 correct or rule 56 mm-hmm rule 57 summary judgment [55:52.520 --> 55:56.480] oh they've got a sachet full of stuff to get you out of court that's what those rules are [55:56.480 --> 56:08.200] for because the courts do not want to have a blockade a plethora of frivolous filings [56:08.200 --> 56:15.880] the courts want to just adjudicate these as quick as possible rocket dockets and if they [56:15.880 --> 56:24.640] can adjudicate these simply on the merits that are presented in front of them they will [56:24.640 --> 56:30.880] well this goes to the to the judicial economy if you get in there tag your opponent and [56:30.880 --> 56:37.280] get out the judge is happy but when you drag things out like i have for five years judges [56:37.280 --> 56:46.280] are not too happy i can i am firsthand i can give you firsthand testimony to that i agree [56:46.280 --> 56:53.000] with you james you got anything else on your mind well the only other thing is uh you know [56:53.000 --> 57:00.040] a lot of people say it's politics well it's more than politics it's money and power at [57:00.040 --> 57:07.720] play so if you've got money and power you're going to buy every elected official it's not [57:07.720 --> 57:13.360] political if you can get to the money and to the power that's controlling that money [57:13.360 --> 57:20.280] you can control politics it's not politics like a lot of people think it is if you go [57:20.280 --> 57:27.840] back to what is that uh family that started over in europe amstel whatever his name says [57:27.840 --> 57:35.640] he doesn't care who runs the country as long as he can control the money my ramshall bauer [57:35.640 --> 57:41.840] give me the control of the issue of a nation's currency and i care not who makes its laws [57:41.840 --> 57:48.600] right it's not politics it's not political it's money and power and it's the other thing [57:48.600 --> 57:58.080] is it gets me is is if you look at and all these uh massive uh hey hey james hold that [57:58.080 --> 58:02.360] thought right there we got music in the background we got the top of the hour break coming up [58:02.360 --> 58:09.680] folks we're going to be back with james in texas and randy and joe and myself we'll all [58:09.680 --> 58:14.120] be back after this break and since we're going into the top of the hour break this would [58:14.120 --> 58:18.840] be a real good time to go by and take care of our sponsors we depend on our sponsors [58:18.840 --> 58:26.120] and we depend on you to take care of them so uh i'm i cut out of this way too early [58:26.120 --> 58:32.200] i wanted to make sure that i wasn't going to fall off the cliff this time but uh james [58:32.200 --> 58:37.080] stay there we've also got uh mike in missouri and we'll get to everybody on the way back [58:37.080 --> 58:41.200] five one two six four six nineteen eighty four is the numbered dial if you'd like to [58:41.200 --> 58:45.320] join us in conversation ask us questions give us your comments you're listening to rule [58:45.320 --> 58:50.880] of law radio on this beautiful friday night stay tuned we'll be right back would you like [58:50.880 --> 58:56.280] to make more definite progress in your walk with god bibles for america is offering a [58:56.280 --> 59:01.840] free study bible and a set of free christian books that can really help the new testament [59:01.840 --> 59:07.020] recovery version is one of the most comprehensive study bibles available today it's an accurate [59:07.020 --> 59:11.840] translation and it contains thousands of footnotes that will help you to know god and to know [59:11.840 --> 59:17.740] the meaning of life the free books are a three volume set called basic elements of the christian [59:17.740 --> 59:22.840] life chapter by chapter basic elements of the christian life clearly presents god's [59:22.840 --> 59:28.920] plan of salvation growing in christ and how to build up the church to order your free [59:28.920 --> 59:35.480] new testament recovery version and basic elements of the christian life call bibles for america [59:35.480 --> 59:42.080] toll free at eight eight eight five five one zero one zero two that's eight eight eight [59:42.080 --> 59:53.880] five five one zero one zero two or visit us online at bfa.org live free speech radio logos [59:53.880 --> 01:00:06.560] radio network.com this is the liberty beat your daily source for liberty news and activist [01:00:06.560 --> 01:00:11.600] updates online at the liberty beat.com i'm brian hagen with your liberty beat for friday [01:00:11.600 --> 01:00:16.800] june 6 2014 gold opens today at one thousand two hundred fifty three dollars silver open [01:00:16.800 --> 01:00:22.320] at 1906 bitcoin is trading at 658 dollars support for liberty beat comes from voice [01:00:22.320 --> 01:00:27.880] and exit maximizing human flourishing through radical innovation tickets on sale now get [01:00:27.880 --> 01:00:32.880] ten percent off with promo code freedom june 21st at austin music hall get yours at voice [01:00:32.880 --> 01:00:38.480] and exit dot com support also comes from accountable authority now offering a public database of [01:00:38.480 --> 01:00:45.360] police abuse and misconduct online accountable authority dot com in the news the los angeles [01:00:45.360 --> 01:00:49.560] police department acquired two drones this week enabling them to move closer towards [01:00:49.560 --> 01:00:55.040] using drones for manhunts standoffs and other tactical events the drones were given to la [01:00:55.040 --> 01:00:59.280] pd free of charge from the seattle police department each remote controlled copter is [01:00:59.280 --> 01:01:04.360] about three feet in width has three rotors and is equipped to carry a video camera cbs [01:01:04.360 --> 01:01:10.520] reports the faa must grant the la pd with a certificate to use the drone the application [01:01:10.520 --> 01:01:19.880] process is still in the preliminary stages a 14 year old female san marco student confided [01:01:19.880 --> 01:01:24.760] in her parents and she was asked how far she was willing to go sexually during a sex education [01:01:24.760 --> 01:01:29.560] lesson woodland park middle school reportedly asked students to stand under signs labeled [01:01:29.560 --> 01:01:34.440] smile that hugged kissed above the waist below the waist and all the way that's according [01:01:34.440 --> 01:01:39.600] to a report from ten news school officials defended the dating lesson saying the goal [01:01:39.600 --> 01:01:44.520] was to discuss what is appropriate for dating at the middle school level students felt embarrassed [01:01:44.520 --> 01:01:49.040] because they thought the teacher wanted to know how far each would go sexually the school's [01:01:49.040 --> 01:01:56.320] principal says the lesson has been in use for several years now pakistani officials [01:01:56.320 --> 01:02:01.160] are calling cia drone strikes illegal and a criminal act that needs to be investigated [01:02:01.160 --> 01:02:05.560] on thursday a pakistani court ordered police to investigate murder allegations against [01:02:05.560 --> 01:02:10.960] senior cia officer jonathan banks human rights campaigners say the move opens up the doorway [01:02:10.960 --> 01:02:15.960] for other cases to be brought against the u.s. reports show more than 60 percent of [01:02:15.960 --> 01:02:19.720] drone strikes target private homes in the middle of the night often killing innocent [01:02:19.720 --> 01:02:24.440] families in their sleep on wednesday night a u.s. drone strike killed three men in yemen [01:02:24.440 --> 01:02:29.320] support for liberty comes from my magic mud all natural teeth whitener go to my magic [01:02:29.320 --> 01:02:34.940] mud.com to hear a short interview with dr griffin cole that's my magic mud.com and support [01:02:34.940 --> 01:02:40.080] comes from brave new books now offering pro pure water filtration the only gravity driven [01:02:40.080 --> 01:02:45.280] all in one fluoride removal system that also alkalizes the water find them in austin 1904 [01:02:45.280 --> 01:02:51.200] guadalupe street or online brave new bookstore dot com this is the liberty beat for friday [01:02:51.200 --> 01:03:05.560] june 6 2014 check out the website at the liberty beat dot com. [01:03:05.560 --> 01:03:19.560] it's all according to the will of the almighty i read his book and it says it cares not for [01:03:19.560 --> 01:03:31.840] these warm hunters come by that time of riley i won't pay for the war with my fight ain't [01:03:31.840 --> 01:03:32.840] gonna pay for the war with my fight. [01:03:32.840 --> 01:03:37.720] all right folks you're listening to little law radio and i've got a brief announcement [01:03:37.720 --> 01:03:48.240] to make uh joe esquivel and myself are going to be doing our own show beginning i believe [01:03:48.240 --> 01:03:53.680] monday two weeks two weeks two weeks about two weeks out yeah we're gonna accompany you [01:03:53.680 --> 01:03:59.120] on the way home from five o'clock to six o'clock it's gonna know it's gonna be in the morning [01:03:59.120 --> 01:04:08.240] oh is it yeah it changed and you didn't tell me telling you now tell me now on live radio [01:04:08.240 --> 01:04:12.400] it's gonna be in the morning okay it's gonna be on the drive to work i believe around eight [01:04:12.400 --> 01:04:18.480] o'clock ah okay even better and we'll have more information for you'll give me something [01:04:18.480 --> 01:04:24.920] to do on i-35 the hour that i spend going 20 miles from here to where i work of course [01:04:24.920 --> 01:04:31.760] no i won't be doing it from the cell phone on the middle of i-35 folks but uh we will [01:04:31.760 --> 01:04:37.360] be getting our own show um i would like to say for the record that we are parting on [01:04:37.360 --> 01:04:43.880] good terms a lot of people like to to ask questions well what's going on nothing's going [01:04:43.880 --> 01:04:52.520] on now we're going to specialize in strictly foreclosure issues strictly strictly it's [01:04:52.520 --> 01:05:00.160] going to be for an hour and we're just going to go for it yeah we're just going to go for [01:05:00.160 --> 01:05:08.720] it so speaking of going for what we were talking about was quiet title and one of the things [01:05:08.720 --> 01:05:13.560] that people need to understand is that hang on hang on let's let's go ahead and let james [01:05:13.560 --> 01:05:18.960] wrap up oh i apologize that's okay that's okay we're we're winging it here so welcome [01:05:18.960 --> 01:05:25.280] to live radio uh james i do apologize for that break well i can't apologize for the [01:05:25.280 --> 01:05:32.560] break it is what it is um you were saying on the way out back if i remember what i was [01:05:32.560 --> 01:05:40.720] saying but i'll say this bring it under law get it to law go read your higher level courts [01:05:40.720 --> 01:05:46.960] they'll tell you what usually what everybody did wrong if you will just read it in the [01:05:46.960 --> 01:05:53.280] negative and if you think you're going to have time to understand this you're not you're [01:05:53.280 --> 01:05:59.800] going to need help my friends you're all going to need help it's like there's an old saying [01:05:59.800 --> 01:06:06.800] under god we trust all others cash that's how much power is it played when you're looking [01:06:06.800 --> 01:06:12.640] at another hundred trillion in the secondary market the one question it gets me is how [01:06:12.640 --> 01:06:20.600] are these banks extending letters of credit for these trillion dollar fifty billion dollar [01:06:20.600 --> 01:06:27.840] uh murders over and over and over it just gets it it's all commercial paper it's not [01:06:27.840 --> 01:06:34.120] money it's all commercial paper you're getting into tier one capital arguments you're you're [01:06:34.120 --> 01:06:39.720] talking about economics at a global level people that's what you're really fighting [01:06:39.720 --> 01:06:45.920] a slow level of debtors that are elected with political money and so forth they just want [01:06:45.920 --> 01:06:49.880] their paycheck they want to get elected again because they don't want to be labeled a dead [01:06:49.880 --> 01:06:54.200] feet living under some bridge they're going to do whatever it takes to stay in office [01:06:54.200 --> 01:07:04.480] and it's and it's it's got to take an account that like i think i said it's these attorneys [01:07:04.480 --> 01:07:10.400] for the banks have spent decades and it's not just a handful of attorneys it could be [01:07:10.400 --> 01:07:16.120] thousands of attorneys that have affected every state in the united states and every [01:07:16.120 --> 01:07:21.480] country in the world to make sure they have the laws where they want them so that the [01:07:21.480 --> 01:07:30.200] people get screwed they don't care it's about power and money and uh i'm going to argue [01:07:30.200 --> 01:07:37.760] with that i'm going to quit talking or let mike let mike take over from here okay james [01:07:37.760 --> 01:07:44.600] thanks you very thank you very much for calling in thank you james so uh randy did you want [01:07:44.600 --> 01:07:47.880] to say something [01:07:47.880 --> 01:07:53.080] he's swimming he's swimming he's swimming he's at the beach oh yeah he's in california [01:07:53.080 --> 01:08:04.200] so let's get back for a second back to why is there not going to be able to have a let [01:08:04.200 --> 01:08:14.520] me rephrase that you are not going to get an equitable determination from the courts [01:08:14.520 --> 01:08:22.680] for relief if there is another party with an enforceable equitable claim on your real [01:08:22.680 --> 01:08:27.160] property and so you're not going to get relief in a court of equity you will not get relief [01:08:27.160 --> 01:08:38.720] i agree if there is is an enforceable equitable claim on your property you will get your butt [01:08:38.720 --> 01:08:46.560] kicked seen it happen a thousand times so what we are looking to do with this declaratory [01:08:46.560 --> 01:08:52.600] judgment because this is not in a court of equity this is a separate action that can [01:08:52.600 --> 01:09:01.320] be done at any time so we're going to a court of law not a court of equity not a court of [01:09:01.320 --> 01:09:13.040] equity and we are identifying the errors and the parties that do not have a claim to title [01:09:13.040 --> 01:09:23.600] and i can't stress that enough so once we have this investigation we have this affidavit [01:09:23.600 --> 01:09:34.080] that in fact all right now the groundwork is laid steve now the parties are identified [01:09:34.080 --> 01:09:43.360] as to who can and who cannot come and play in your playground now you can do whatever [01:09:43.360 --> 01:09:52.840] you want once a determining had been made from the courts now you know the rules without [01:09:52.840 --> 01:10:01.440] knowing the rules you don't know who the players are so that is what sets mortgage compliance [01:10:01.440 --> 01:10:12.080] investigators investigations separate from other audits well let's make let's make a [01:10:12.080 --> 01:10:21.360] distinction there an audit what is audit everybody thinks an audit is just uh uh somebody going [01:10:21.360 --> 01:10:30.240] over your stuff and saying here's what's wrong incorrect audit the word audit is a specific [01:10:30.240 --> 01:10:41.280] legal term that is an accounting term it's not an analysis it is an accounting term if [01:10:41.280 --> 01:10:49.760] you have an audit of your books of cpa will go through your books and make a true accounting [01:10:49.760 --> 01:10:54.400] that means he's going to go through your receipts he's going to go through your your ledger [01:10:54.400 --> 01:10:59.720] he's going to make make sure everything balances if you've got something in the negative he'll [01:10:59.720 --> 01:11:04.720] show that at the end if you've got something in the positive he'll show that in the end [01:11:04.720 --> 01:11:11.680] that is an audit you're not getting an audit when you go to these fly-by-night outfits [01:11:11.680 --> 01:11:22.240] that get on a computer enter data and sell you 100 pages of garbage it may be true it [01:11:22.240 --> 01:11:31.680] may be accurate but it's not an audit and it's not admissible we've got to understand [01:11:31.680 --> 01:11:38.440] what we're dealing with and what it takes to get out of this mess that this country's [01:11:38.440 --> 01:11:49.240] been thrown into agree 110 percent so steve what is a party when i say i'm going to invite [01:11:49.240 --> 01:11:59.840] you to my party oh i'm a guest you're a guest so i have a quiet title party all right and [01:11:59.840 --> 01:12:06.560] the parties that i invite are going to be guests that are going to come into this action [01:12:06.560 --> 01:12:12.280] that i am taking at the courthouse at the courthouse so we're going to have a party [01:12:12.280 --> 01:12:18.640] at the courthouse bless you when we determine who to send the invitations to they're going [01:12:18.640 --> 01:12:28.080] to be done based on the status quo determination from the courts as to the parties that have [01:12:28.080 --> 01:12:37.880] a lawful and legal claim with rights conferred in accordance with law not just for a piece [01:12:37.880 --> 01:12:46.920] of paper because a piece of paper that is in public record while it is a claim it is [01:12:46.920 --> 01:12:53.880] only a piece of paper if done lawfully it is that document it's only a claim if it's [01:12:53.880 --> 01:13:01.560] it's only a claim correct so when you look at assigning a deed of trust assignment of [01:13:01.560 --> 01:13:09.720] mortgage it's the underlying transactions that that assignment is to memorialize and [01:13:09.720 --> 01:13:17.240] this is why when we articulate the arguments all right you need to articulate the arguments [01:13:17.240 --> 01:13:24.800] in parallel the arguments for the note the arguments for the security instrument and [01:13:24.800 --> 01:13:32.640] the arguments for the payment and tangible obligation so for a party to come forth as [01:13:32.640 --> 01:13:39.720] holder in due course one would need to be named as payee on the tangible promissory [01:13:39.720 --> 01:13:46.360] note now you're talking about a different kind of party yes [01:13:46.360 --> 01:13:56.920] one would need to be named into public record as the beneficiary or mortgagee and one would [01:13:56.920 --> 01:14:05.560] need to have sole claim and sole ownership of the intangible payment obligation in order [01:14:05.560 --> 01:14:15.760] to be a holder in due course in order to be the party that has acquired all rights interest [01:14:15.760 --> 01:14:24.040] and claims so there's your other kind of party now when you say you're going to have a party [01:14:24.040 --> 01:14:29.120] at the courthouse you mean you're going to have a get together of parties correct now [01:14:29.120 --> 01:14:37.680] who is a party a party is someone who is entitled to sue someone who has a right to sue or someone [01:14:37.680 --> 01:14:46.400] who can be sued now you before you you send out your invitations [01:14:46.400 --> 01:14:55.760] you've got to determine am i a party who can sue and are they a party who can be sued if [01:14:55.760 --> 01:15:03.300] they are not a party who can be sued don't invite them to court so in other words we [01:15:03.300 --> 01:15:16.660] need to show that they have a security interest a security interest are you a secured party [01:15:16.660 --> 01:15:22.440] how does one become a secured party well one would have to tell the world of their security [01:15:22.440 --> 01:15:27.520] interest and that's done through filing in the public record okay so when we're talking [01:15:27.520 --> 01:15:33.640] about a security interest within a security instrument that means that someone let's say [01:15:33.640 --> 01:15:44.440] i am the party another party has assigned and transferred their rights to me if i don't [01:15:44.440 --> 01:15:50.740] go to the public record and tell the world that hey bank of america i'm wells fargo bank [01:15:50.740 --> 01:15:57.560] of america just gave me all their rights and interest in this deed of trust and if i don't [01:15:57.560 --> 01:16:06.500] do that within a 20-day period pursuant to ucc 9312 then i do i have not perfected my [01:16:06.500 --> 01:16:14.120] security interest therefore i don't have a dog in this hunt correct while you might have [01:16:14.120 --> 01:16:19.540] rights to collect that payment and tangible obligation which is the right to receive future [01:16:19.540 --> 01:16:27.960] payment obligations right that is it that's all you got that's all you got so rights to [01:16:27.960 --> 01:16:36.800] receive financial consideration for the future is not rights of enforcement right pertaining [01:16:36.800 --> 01:16:42.520] to that separate security instrument perfect i hear the music in the background again folks [01:16:42.520 --> 01:16:48.040] we're going out to break five one two six four six 1984 and mike in missouri if you'll [01:16:48.040 --> 01:16:55.540] call back we'll pick you up right after the break um got an open board folks this is your [01:16:55.540 --> 01:17:02.120] chance to put it on the record we'll be right back stay tuned chances are you've heard of [01:17:02.120 --> 01:17:06.600] my magic mud but have you used it thousands of people are blown away by the clean and [01:17:06.600 --> 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gonna fool me with that same old trick again [01:19:36.680 --> 01:19:45.560] i was blindsided but now i can see your plans you put the beer in my pocket took the money [01:19:45.560 --> 01:19:52.200] from my ass ain't gonna fool me with that same old trick again [01:19:52.200 --> 01:19:57.240] and there are the phone rings welcome back to rule of law radio folks and welcome to [01:19:57.240 --> 01:20:07.800] live radio uh we i see we've got uh david in texas david good friday to you sir how [01:20:07.800 --> 01:20:14.120] are you what you got for us well great show great show um i called in last friday and [01:20:14.120 --> 01:20:21.080] i was the one that just filed bankruptcy to stop the sale yes wanted to provide an update [01:20:21.080 --> 01:20:27.240] i actually uh faxed it on over and showed up at the sale and and uh presented it to the trustee [01:20:27.240 --> 01:20:31.800] and yeah there was a little bit of friction there but you know there was sure you know the [01:20:31.800 --> 01:20:38.760] trustees are working for the for the foreclosure mills right uh exactly um they are their sales [01:20:38.760 --> 01:20:46.280] team okay the sales team yeah i was gonna ask a few questions exactly i'm not exaggerating the [01:20:46.280 --> 01:20:52.120] substitute trustee is the sales team that they're the sales representative they're they're the ones [01:20:52.120 --> 01:20:57.800] that fence all the stolen property down there at the back steps of the courthouse exactly exactly [01:20:57.800 --> 01:21:03.640] matter of fact i was trying to find the trustee there and i asked another trustee and she [01:21:03.640 --> 01:21:11.720] wouldn't even uh tell me uh who patricia was uh i want to talk to you hon david i'm this is joe [01:21:11.720 --> 01:21:17.880] i've got a quick question so you did file a bk correct that's correct the skeleton chapter 13 [01:21:18.680 --> 01:21:24.920] okay how did you list your property um well i haven't listed that's my first question it's [01:21:24.920 --> 01:21:33.240] supposed to be unsecured on the schedule f that in my opinion again this is my personal opinion [01:21:33.240 --> 01:21:36.120] well you've been through this joe of course i have your opinion [01:21:36.120 --> 01:21:44.600] and i've walked through the bk walls and i've been in court nine times and i left smiling every time [01:21:44.600 --> 01:21:51.960] i've discharged the debt of my tangible promissory note as an unsecured obligation [01:21:53.240 --> 01:22:02.120] because under bk rule 3001 subsection d as in dog which is under proof of claim david it states [01:22:02.120 --> 01:22:10.280] any party coming forth with a claimed interest in a security certificate or a security instrument [01:22:11.160 --> 01:22:18.680] or a security interest in a security instrument must be evidenced by a properly perfected lien [01:22:18.680 --> 01:22:24.760] you gotta prove it up so how do we have a properly perfected lien we went through that in the last [01:22:24.760 --> 01:22:32.120] exactly but in addition to filing public record one of the things that we're getting to david is [01:22:32.120 --> 01:22:39.400] it must be timely so just because you have something filed in public record they must have done it in [01:22:39.400 --> 01:22:51.000] a timely manner okay uh you're in in okay when did you file uh the third of june okay so you're [01:22:51.000 --> 01:22:57.800] probably not to the point yet where you would file your schedules have you got have you received [01:22:57.800 --> 01:23:03.000] anything from the court telling you that you need to submit your schedules i received the [01:23:03.000 --> 01:23:09.400] brown envelope today from the trustee okay and it's full of a bunch of documents that you got to [01:23:09.400 --> 01:23:14.920] fill out i i haven't even opened it up yet i just okay you're going to want to open that up because [01:23:14.920 --> 01:23:24.040] it's probably your scheduling okay okay yeah so on schedule f is in frank you're going to list [01:23:24.040 --> 01:23:30.920] your mortgage or the the not the mortgage the uh that's what you would do if you were in his shoes [01:23:30.920 --> 01:23:37.880] yeah well the under yes what i would do if i were in your shoes the alleged debt obligation [01:23:37.880 --> 01:23:48.280] in conjunction with the promissory note okay i i would list that and the amount as unsecured [01:23:48.280 --> 01:23:57.320] non-priority non-priority unsecured now they're going to buck up the trustee may even challenge [01:23:57.320 --> 01:24:08.600] it now this is when you when i got to be correct with my my language here this is if i were in the [01:24:08.600 --> 01:24:17.960] same situation this is where i would present rule 3001 d and show through the public record [01:24:17.960 --> 01:24:27.080] that there is not a secure a perfected security interest in the property as well as [01:24:28.520 --> 01:24:33.080] when the other party comes forth claim that they are a secured creditor [01:24:34.280 --> 01:24:40.120] if i were in your shoes sit with me because that's what i did i [01:24:40.120 --> 01:24:48.040] filed a motion changing secure creditor status to a non-secured creditor status all right and then [01:24:48.840 --> 01:24:54.920] have them prove that they are a properly secure creditor and that's what would be called a [01:24:54.920 --> 01:25:00.120] an adversarial pleading or an adversary pleading is that correct yes you would have an adversarial [01:25:00.120 --> 01:25:06.520] pleading as well correct but one of the things that i did was i filed a motion changing secure [01:25:06.520 --> 01:25:13.480] creditor status to a non-secured creditor status and that's what i did because the gentleman that [01:25:13.480 --> 01:25:18.920] was claiming to represent bank of america who was claiming to have ownership of my loan [01:25:19.880 --> 01:25:25.240] i just moved the court and i said your honor i'd like to ask the opposing counsel for the record [01:25:25.240 --> 01:25:31.720] on the record under penalty of perjury whom are you representing in court today are you representing [01:25:31.720 --> 01:25:39.720] the holder in due course or are you representing the creditor okay and you could have heard a pin [01:25:39.720 --> 01:25:45.400] drop no response and about three minutes later i said the same thing again your honor for the [01:25:45.400 --> 01:25:51.880] record on the records under penalty of perjury whom is mr wild representing representing the [01:25:51.880 --> 01:25:57.400] court today the creditor or the holder in due course and after the third time the judge said [01:25:57.400 --> 01:26:03.880] mr esquivel you know mr wild is unable to answer that question at the time we are going to have a [01:26:03.880 --> 01:26:16.280] recess for 30 days because they cannot prove what you have to understand is you are using their [01:26:16.280 --> 01:26:22.280] documents evidenced into court so if they're coming forth with proof of claim they need to [01:26:22.280 --> 01:26:27.960] show proof right showing a copy of the debt instrument as it exists at that time [01:26:29.720 --> 01:26:36.920] all right the 3001 d puts a it puts a duty on them to do so correct [01:26:38.760 --> 01:26:45.560] because what you're asking the whole purpose of bankruptcy is a fresh start a do-over [01:26:45.560 --> 01:26:53.160] it's an easy button you hit all right so the debt that you're asking to be discharged is the debt [01:26:53.160 --> 01:26:59.880] of the tangible promissory note not the debt of a third-party account debtor [01:27:01.400 --> 01:27:06.520] and we'll get into that in another show can you repeat this again that last statement [01:27:06.520 --> 01:27:15.240] do over of a right though the purpose of bankruptcy is to give you a fresh f-r-e-s-h start [01:27:16.360 --> 01:27:22.280] that that's a whole point of bankruptcy yeah all right you want to discharge the obligations that [01:27:22.280 --> 01:27:30.200] you created so that you can start over new now i agree that a properly secured lien will survive [01:27:30.200 --> 01:27:41.080] a bankruptcy that is correct a properly secured lien right right that means with rights to title [01:27:42.360 --> 01:27:47.800] properly and lawfully acquired again because it's all about rights [01:27:49.160 --> 01:27:57.000] when you get into sales and you're talking about what was sold there's an assumption [01:27:57.000 --> 01:28:04.680] as to the sales are we talking about the e note the electronic note are we talking about the [01:28:05.240 --> 01:28:12.360] tangible promissory note that you can touch and feel and hold because many times you hear parties [01:28:12.360 --> 01:28:19.080] talk about well they sold my note yeah i hear i hear homeowners saying well uh bank of america [01:28:19.080 --> 01:28:25.240] bought it or wells fargo bought it really what what did they wait wait a minute it define it [01:28:25.240 --> 01:28:32.040] define it right when they bought my loan define loan define loan exactly we're right back to [01:28:32.040 --> 01:28:39.880] square one what did they buy what did they transfer what did they assign and did they [01:28:40.600 --> 01:28:48.360] sell buy transfer and assign in accordance with law right and that's what the chain of title [01:28:48.360 --> 01:28:56.440] analysis and investigation shows it shows the errors shows they did not gotcha okay [01:28:57.800 --> 01:29:02.360] so you know in my opinion bk is a great place to be [01:29:05.000 --> 01:29:11.320] you know it worked for me i i used it you know i did it uh four years ago [01:29:11.320 --> 01:29:19.240] so i i had great results with it so you're at a good place but you need to identify the parties [01:29:20.600 --> 01:29:28.280] who are claiming a color to title so you need to have an understanding is it with an rmbs [01:29:28.280 --> 01:29:34.200] which is a residential mortgage-backed security or is it with a gsc a government-sponsored [01:29:34.200 --> 01:29:39.240] enterprise who is it uh david that's that's got a claim against your property [01:29:39.240 --> 01:29:43.800] got a claim against your property well they've actually transferred it over to debt collectors [01:29:44.520 --> 01:29:50.680] ah okay well that's another another deal altogether and if you'll hold that thought [01:29:50.680 --> 01:29:55.960] we'll come back to the debt collector issue on the other side uh five one two six four six [01:29:55.960 --> 01:30:04.840] 1984 folks we'll be right back after this briefing imagine a website that recorded everything its [01:30:04.840 --> 01:30:10.120] users read while signed in and then publish that data for the whole world to see i'm dr [01:30:10.120 --> 01:30:14.920] catharine albrecht and i'll tell you about a q a forum that's a privacy nightmare next [01:30:16.200 --> 01:30:21.880] privacy is under attack when you give up data about yourself you'll never get it back again [01:30:21.880 --> 01:30:27.800] 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01:32:00.840] i'm a father who lost his son we're americans and we deserve the truth go to rememberbuildingseven.org [01:32:00.840 --> 01:32:08.280] today after work i'm so tired that i want to be left alone to sleep hey listen to me who are you [01:32:08.280 --> 01:32:13.000] i'm you years ago when you felt healthy and young and everything worked on your body do you remember [01:32:13.000 --> 01:32:18.680] that yes i wish i felt like that now you can feel like that again with a new micro plant powder [01:32:18.680 --> 01:32:24.360] formulation called iodine now it cleans the entire body from head to toe and feeds the body what it [01:32:24.360 --> 01:32:29.720] really needs you'll be in a better mood and you'll find more drive in your romantic life really i [01:32:29.720 --> 01:32:35.480] gotta try iodine now it feel good again it also protects you from radiation heavy metals fluoride [01:32:35.480 --> 01:32:40.200] chlorine and bromine including cancer and most major diseases you'll be amazed you can be your [01:32:40.200 --> 01:32:45.960] own doctor i want to keep you out of the hospital and off pharmaceuticals wow why are you so nice [01:32:45.960 --> 01:32:53.320] to me because i'm you you're out of shape and i need a better looking future call 888-910-4367 [01:32:53.320 --> 01:33:00.840] that's 888-910-4367 or visit micro plant powder dot com micro plant powder dot com [01:33:00.840 --> 01:33:13.720] um looking for some truth you found it logos radio network.com [01:33:30.840 --> 01:33:45.720] uh [01:33:45.720 --> 01:33:51.240] welcome back to rule of law radio folks uh before we went out on break we were talking [01:33:51.240 --> 01:33:57.160] with dave in texas now dave you said before we went out uh you said that uh the [01:33:57.160 --> 01:34:05.320] the claimed party in interest sold some kind of debt obligation to a debt collector [01:34:05.320 --> 01:34:13.000] who was the debt collector power default services out of atlanta georgia oh lovely [01:34:13.000 --> 01:34:19.000] so you familiar with them it gets interesting because the servicer is claiming ownership [01:34:19.000 --> 01:34:25.960] and then they've transferred it over to uh this power default services to handle the the sale [01:34:25.960 --> 01:34:34.200] oh okay big problem yeah well yeah huge problem all right now you've got a debt collector [01:34:34.200 --> 01:34:41.400] involved fdcpa kicks in you can get them out of the way with that uh it would go then it [01:34:41.400 --> 01:34:48.840] would go back to okay the debt collector is simply that the debt collector does not have [01:34:48.840 --> 01:34:56.840] an interest in the underlying debt all they are is collecting for someone else who are they [01:34:56.840 --> 01:35:02.760] collecting for there's your there's your party that we were talking about a couple segments [01:35:02.760 --> 01:35:11.000] ago right now but they're claiming that they're collecting for the servicer aquin oh aquin okay [01:35:11.000 --> 01:35:22.440] aquin aquin so then aquin is claiming to be a secured party david are you with a gsc by chance [01:35:22.440 --> 01:35:28.680] government-sponsored enterprise such as fanny may jenny may or freddie mack you know i'm not sure [01:35:28.680 --> 01:35:35.080] at this point i i haven't had time to read all the documents to be okay you you need to go into [01:35:35.080 --> 01:35:43.080] to go into uh this is why you need an investigation yeah to have a determination of the errors [01:35:44.040 --> 01:35:50.600] and find out who who the possible party might be right now when okay let's let's just nutshell [01:35:50.600 --> 01:35:59.640] this right quick when you have a gsc freddie fanny or jenny when you have a security trust a [01:35:59.640 --> 01:36:07.800] remick real estate mortgage investment conduit these are the entities that would hold an interest [01:36:07.800 --> 01:36:15.800] of the mortgage loan instrument an interest not the mortgage loan instrument itself but an interest [01:36:15.800 --> 01:36:27.000] in it okay they might be a real party in interest go to your county record have you pulled a copy [01:36:27.000 --> 01:36:32.360] of your county records yet i i got access i haven't i have not pulled everything and printed it out [01:36:32.360 --> 01:36:41.080] but i do have online access now okay well okay the the online documents are liable to come across [01:36:41.080 --> 01:36:50.840] and say uh say diagonally across them in kind of opaque letters um it will it will say that this is [01:36:50.840 --> 01:36:56.920] not an original document or not a certified instrument anything what you're going to want to do [01:36:56.920 --> 01:37:05.400] if you're going to enter these these documents but what i do anytime i go into court and i plan on [01:37:05.400 --> 01:37:16.840] entering public records into the record of evidence in court i always get a certified copy [01:37:16.840 --> 01:37:23.640] anything less will not make it into evidence you've got to have a certified copy of any document [01:37:24.680 --> 01:37:30.920] that is being entered as evidence particularly if it is in the public record so you're going to want [01:37:30.920 --> 01:37:41.000] to physically go down to your your county recorders office and randy's got a real good trick [01:37:41.000 --> 01:37:51.080] if randy's still on randy you there randy's hiding where'd you go randy yeah but even before that [01:37:51.080 --> 01:37:55.800] before he can file a complaint i mean one of the things you want to do is to get a well he's bk so [01:37:55.800 --> 01:38:00.680] he's not right necessarily a complaint well you're still going to want to get a determination as to [01:38:00.680 --> 01:38:09.320] the party absolutely so in my opinion declaratory judgment as to the status quo other than the [01:38:09.320 --> 01:38:17.080] status quo are the parties that are going to have a claim before you do any action who is pete [01:38:17.800 --> 01:38:23.960] person entitled to enforce now is this pete or is pete there buried in a shallow grave somewhere [01:38:23.960 --> 01:38:29.400] out by the border of mexico that's why in a channel title analysis and investigation [01:38:30.760 --> 01:38:37.080] behooves everyone yeah everyone now you you sitting there in your in your house might think [01:38:37.080 --> 01:38:43.400] that oh okay aquan has a claim oh okay jenny or jenny finney or fanny or freddy have a claim [01:38:43.400 --> 01:38:50.920] oh okay this debt collector has a claim really do they do they they have color title now how [01:38:50.920 --> 01:38:57.720] okay they might have color title but are they a real party in interest are they a real [01:38:57.720 --> 01:39:07.560] party who has a perfected security interest you don't know sitting in your living room talking [01:39:07.560 --> 01:39:16.200] to us you don't know i don't know that's why you need to do business with joe and that's the [01:39:16.200 --> 01:39:25.960] investigator yes that's why you need a competent expert witness capable of drafting [01:39:25.960 --> 01:39:39.320] capable of drafting a uh sworn affidavit a party with a license and a bond to back up that license [01:39:40.360 --> 01:39:44.760] uninterested third party to come forward and say i looked into this and here's what i found [01:39:45.640 --> 01:39:50.280] this guy no he's not the real party in interest that guy this guy [01:39:50.280 --> 01:39:59.080] oh as a matter of fact all this stuff is garbage okay okay how do i get ahold of joe [01:40:00.200 --> 01:40:14.440] well you would send an email to info i nfo at mortgage compliance investigators plural plural [01:40:14.440 --> 01:40:25.080] dot com okay and send an email have your contact information or you can call us [01:40:25.640 --> 01:40:40.520] and our phone number is 888-491-3741 and you can talk to myself or you may talk to my partner [01:40:40.520 --> 01:40:50.840] damien emholtz and he is a licensed private investigator okay okay and this is you know [01:40:50.840 --> 01:41:00.200] the first step in undertaking finding out where are the errors correct because that is vitally [01:41:00.200 --> 01:41:07.400] important once you understand and identify the errors and in court this stuff is razor sharp [01:41:07.400 --> 01:41:12.920] and we identify the proper parties that can come play in your sandbox [01:41:14.360 --> 01:41:21.320] and if you don't identify any proper parties guess what everybody's saying that they crash [01:41:21.320 --> 01:41:29.000] they crash your party thank you sir to crash your party exactly well put actually you're going to [01:41:29.000 --> 01:41:39.560] crash their party yeah well that's that's what i'm hoping for yeah so again the number is 888-491-3741 [01:41:39.560 --> 01:41:49.640] or you can go to mortgage compliance investigators plural dot com you don't have to put plural in [01:41:49.640 --> 01:41:57.560] there just an s at the end of investigator okay so my skin all right obviously um no i really [01:41:57.560 --> 01:42:03.800] i'm no i really appreciate that i mean i i understand exactly that that is a very crucial [01:42:03.800 --> 01:42:10.760] immediate step and i need to take action on it here's my question i'm in bankruptcy i'm in chapter [01:42:10.760 --> 01:42:20.280] 13 do i need to also be looking at potentially litigation at the county courthouse in a in [01:42:20.280 --> 01:42:30.680] parallel with uh running uh you know the the bankruptcy court um i don't think it'd be necessary [01:42:30.680 --> 01:42:39.080] no i don't think it'd be okay what we've been talking about uh for the beginning of the show [01:42:39.080 --> 01:42:47.880] is filing a pleading in probably a district court here in here in here in texas we call it a district [01:42:47.880 --> 01:42:52.920] court i don't know what other states call it uh california i think all courts are superior [01:42:54.040 --> 01:42:59.880] but you want to get your reading into a court of competent jurisdiction now you are in a different [01:42:59.880 --> 01:43:06.680] venue you're in the federal court you're in a bankruptcy court what is the goal in either one [01:43:06.680 --> 01:43:17.160] of these uh venues the goal is to show that their alleged debt obligation is null and void i mean [01:43:17.160 --> 01:43:23.480] you know just just to use just common terms you're wanting to prove that the debt the underlying debt [01:43:23.480 --> 01:43:33.480] is null and void so if you're in bankruptcy that's the specific purpose of bankruptcy court [01:43:35.800 --> 01:43:42.200] once you get into the district court that's they take care of all kinds of different things they [01:43:42.200 --> 01:43:50.040] they take care of uh they they'll see any type of of adversarial pleadings but in bankruptcy [01:43:50.040 --> 01:43:56.120] that is specific to setting aside debt and dave stay there we'll be right back after this break [01:43:56.120 --> 01:44:02.680] five one two six six 1984 will be right you feel tired when talking about important topics like [01:44:02.680 --> 01:44:07.480] money and politics are you confused by words like the constitution or the federal reserve [01:44:07.480 --> 01:44:14.120] what if so you may be diagnosed with the deadliest disease known today stupidity hi my name is steve [01:44:14.120 --> 01:44:19.400] holt and like millions of other americans i was diagnosed with stupidity at an early age i had [01:44:19.400 --> 01:44:24.200] no idea that the number one cause of the disease is found in almost every home in america the [01:44:24.200 --> 01:44:30.040] television unfortunately that puts most americans at risk of catching stupidity but there is hope [01:44:30.040 --> 01:44:34.200] the staff at brave new books have helped me and thousands of other foxaholics suffering from [01:44:34.200 --> 01:44:39.160] sports zombieism recover and because of brave new books i now enjoy reading and watching [01:44:39.160 --> 01:44:44.600] 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jurisdictionary was created by a licensed attorney with 22 years of case winning [01:45:31.960 --> 01:45:38.040] experience even if you're not in a lawsuit you can learn what everyone should understand about [01:45:38.040 --> 01:45:44.040] the principles and practices that control our american courts you'll receive our audio classroom [01:45:44.040 --> 01:45:53.560] video seminar tutorials forms for civil cases pro se tactics and much more please visit ruleoflawradio.com [01:45:53.560 --> 01:46:00.120] and click on the banner or call toll-free 866-LAW-EZ [01:46:23.560 --> 01:46:39.960] welcome back to rule of law radio folks [01:46:42.360 --> 01:46:49.880] we were talking to dave who is dave in texas who is currently in bankruptcy court and dave [01:46:49.880 --> 01:46:55.880] before we went out on the break you're in the perfect position right now your question was [01:46:55.880 --> 01:47:02.040] that since you're in bankruptcy court should you consider a secondary pleading in another court [01:47:03.000 --> 01:47:09.480] if it were me i'd keep it simple you know you're already in a venue that is there specifically for [01:47:09.480 --> 01:47:16.120] the offset of debts and that's that's your goal so you're you're where you need to be brother [01:47:16.120 --> 01:47:21.720] yeah no i i appreciate that i just wanted to clarify that because you know i i know that some [01:47:21.720 --> 01:47:26.520] people tackle it you know in the district court and others in the bankruptcy court and i just [01:47:26.520 --> 01:47:33.320] wanted to see if i was missing any uh potential leverage uh well the the thing is okay you're [01:47:33.320 --> 01:47:39.560] you're talking about what is a pleading a pleading is an adversarial document you're you're starting [01:47:39.560 --> 01:47:51.240] a fight on paper okay bankruptcy allows you the same thing an adversarial pleading okay so [01:47:53.080 --> 01:47:59.000] a question to you would be why would you since you're already in this venue why would you pick [01:47:59.000 --> 01:48:03.480] a fight in a different court when you have the opportunity to pick that same fight in the court [01:48:03.480 --> 01:48:10.600] that you're at well once again i just wanted to make sure that i i wasn't missing any potential [01:48:10.600 --> 01:48:15.000] leverage that would be available in the district court that would not be available in the bankruptcy [01:48:15.000 --> 01:48:21.960] court no you're in a great place in my opinion dave no no no i just wanted to make sure i'm [01:48:21.960 --> 01:48:27.400] covering all my bases and not you know leaving you know a back door open that's all and you [01:48:27.400 --> 01:48:31.880] clarified it and then that's why we're going to focus on you know roughing them up in the [01:48:31.880 --> 01:48:37.400] bankruptcy court all right we and keep in mind we are not the end all to be all there's nothing [01:48:37.400 --> 01:48:42.600] substitutes your own research no not well and obviously i'm going to have to get up to speed [01:48:42.600 --> 01:48:47.240] because at the end of the day i'm the one going to court so yes sir yes absolutely and one of the [01:48:47.240 --> 01:48:56.760] things they have to understand is that mci does an online training once a month so it's the online [01:48:56.760 --> 01:49:05.320] training that you would have available to you as well which is part of our package and it's a six [01:49:05.320 --> 01:49:12.920] hour training and it's going to be drinking water from a fire hydrant but it's a live training that [01:49:12.920 --> 01:49:20.680] i do and it's done from our mci office and damien and i you know i have put together a program [01:49:20.680 --> 01:49:31.560] with the latest and greatest cases statutes we have prezi presentations we have powerpoint [01:49:31.560 --> 01:49:39.000] presentations and this is something that is truly needed by all it's to bring understanding as to [01:49:39.000 --> 01:49:44.840] what it is you're getting into and how to deal and how to use the information because knowledge [01:49:44.840 --> 01:49:48.600] you were talking about over the break you were talking about the client and i don't want to get [01:49:48.600 --> 01:49:55.000] in the names client confidentiality and all that but you had a client that that came to mci and [01:49:55.000 --> 01:50:02.040] got the work package and didn't draft a pleading or the motion nothing before the court just went [01:50:02.040 --> 01:50:06.360] in and threw it up on the judge's bench and said here you go judge what do you think of that [01:50:06.360 --> 01:50:15.320] yeah that they thought it was going to grow legs and bark and wrong okay let's talk about process [01:50:15.320 --> 01:50:21.560] process first thing you want is evidence you base your pleading off the evidence [01:50:22.840 --> 01:50:30.840] you introduce your evidence in your pleading and then you put your evidence on the record [01:50:33.080 --> 01:50:38.680] okay now i'm not talking about bankruptcy court i'm talking about your district district courts [01:50:38.680 --> 01:50:49.560] your uh higher state courts um when when you just walk into court you waltz in and say here [01:50:49.560 --> 01:50:54.520] this investigation thing says that this ain't no good and i don't know why we're here the judge is [01:50:54.520 --> 01:51:02.360] going to kick you out you're you'll be lucky lucky if you don't get sanctioned if and now if [01:51:03.160 --> 01:51:07.320] someone is going in and this is this is not just for you dave this is for all of the listeners [01:51:07.320 --> 01:51:12.680] uh i'm glad that most of our listeners are are well educated in this but we do have new listeners [01:51:12.680 --> 01:51:18.360] that are not so well educated so this is why if you're going to go in bareback without the [01:51:18.360 --> 01:51:24.680] assistance of counsel or without an attorney this is why it's so so vitally important to get some [01:51:24.680 --> 01:51:30.280] kind of tool in your hand that will teach you how to walk through the the court filing process how [01:51:30.280 --> 01:51:37.640] to draft a pleading how to to present your evidence i'm talking about jurisdictionary again [01:51:39.000 --> 01:51:43.800] this package will teach you everything that you need to know on the process of how to go through [01:51:43.800 --> 01:51:53.400] the courts and get done what you went there to get done now uh rule of law radio has has established [01:51:53.400 --> 01:52:02.760] a long history of helping the pro se litigant a little bit of uh shameless self-promoting i've got [01:52:02.760 --> 01:52:10.920] a website of my own pro se uh pro se foreclosure dot wordpress dot com i would encourage you to go [01:52:10.920 --> 01:52:16.760] there and visit that i've got a lot of good articles on there uh for the record there are [01:52:16.760 --> 01:52:23.400] several attorneys that keep up with what i'm writing and putting out on on the web i've been [01:52:23.400 --> 01:52:29.880] contacted by a couple of attorneys who said hey steve you're wrong here oh okay well i'll [01:52:29.880 --> 01:52:37.880] either correct it or i'll correct you so everything on pro se dot pro se foreclosure dot wordpress dot [01:52:37.880 --> 01:52:46.760] uh pro se foreclosure dot wordpress dot com has been through a pseudo quasi peer review so to speak [01:52:47.480 --> 01:52:53.800] um again there are attorneys that keep a very close eye on what i post and i get notified [01:52:53.800 --> 01:53:01.400] immediately if i'm off point so everything on that website you can trust so go by there and read the [01:53:01.400 --> 01:53:07.240] read the articles that i've posted i've got a lot of good articles up up there uh articles tab on [01:53:07.240 --> 01:53:15.560] on the website but um it i appreciate you sharing that with me absolutely that's that's why i put [01:53:15.560 --> 01:53:22.520] it there i wanted to put a usable tool in people's at people's disposal uh free that i don't charge [01:53:22.520 --> 01:53:31.400] anything to use it uh just just use it use it like a bible um but that is still no replacement for [01:53:31.400 --> 01:53:39.800] competent evidence so if i could uh offer any kind of recommendation do business with joe or mci [01:53:40.760 --> 01:53:46.440] they'll get you the competent evidence package that you need to submit into the court that will [01:53:46.440 --> 01:53:56.200] show the court why the court should decide in your favor or in your case discharge the obligation [01:53:56.200 --> 01:54:02.840] now when i say discharge the obligation just very briefly secured property goes back to the secured [01:54:02.840 --> 01:54:11.160] cred per let's look at a car you sign a note on a car you go delinquent what happens to the car [01:54:12.360 --> 01:54:16.840] the record driver shows up in your front yard or in the grocery store parking lot and you come out [01:54:16.840 --> 01:54:25.000] where's my car it's been repossessed it went back to the secured party your house is no different [01:54:25.000 --> 01:54:28.520] they're not going to send excuse me they're not going to send a wrecker after it they're going to [01:54:28.520 --> 01:54:36.440] send a bunch of brown shirts and and uh mentally deficient people that can't be employed by [01:54:37.480 --> 01:54:42.520] by barger king to come by and move all your stuff out in front yard and then you figure out what to [01:54:42.520 --> 01:54:48.920] do with it to prevent that you've got to show that the party coming forward with a claim is not a [01:54:48.920 --> 01:54:55.240] proper party that's how you discharge the obligation in your bankruptcy proceeding [01:54:57.480 --> 01:55:05.880] that's it okay anything else um i think i uh real quick can you kind of give me [01:55:05.880 --> 01:55:13.480] a quick overview on this bankruptcy trustee i mean uh what am i dealing with there okay [01:55:13.480 --> 01:55:22.600] the bankruptcy trustee is a buffer between you and the court okay okay now sometimes now here's [01:55:22.600 --> 01:55:30.440] here's a word of warning the judge will protect the trustee the trustee will protect the judge [01:55:32.040 --> 01:55:39.080] your task is to put something on the record that protects them both [01:55:39.080 --> 01:55:43.960] you've got to give them plausible deniability you've got to give them a way out you've got to [01:55:43.960 --> 01:55:48.440] give them something you've got to give them a nail that they can both hang their hat on [01:55:49.640 --> 01:55:55.800] just going into court and saying i think this i think that i say i found not good enough sorry [01:55:57.000 --> 01:56:03.400] now if you go in there i have the third party here uh that's done an investigation on the [01:56:03.400 --> 01:56:09.320] and here's what they found here's an affidavit of fact here's an affidavit of fact you let the [01:56:09.320 --> 01:56:15.320] court and the trustee come to it um i work for a law firm here in in uh austin texas [01:56:16.520 --> 01:56:25.160] we specialize in foreclosure defense and uh uh bankruptcy and uh real estate issues [01:56:25.160 --> 01:56:34.280] uh we've got several clients uh in bankruptcy and i saw some documents come across uh from the [01:56:34.280 --> 01:56:43.560] bankruptcy court in where the trustee actually challenged a secured party's status yeah [01:56:43.560 --> 01:56:52.840] very very good that a party came forward and said hey we're a secured party we're entitled to this [01:56:52.840 --> 01:56:59.560] and that and blah blah blah the trustee said well wait a minute uh uh i take issue with that let's [01:56:59.560 --> 01:57:05.800] go back proof of claim there you go did you file a b-10 they're going to say well we're going to [01:57:05.800 --> 01:57:13.080] uh i take issue with that let's go back proof of claim there you go did you file a b-10 they're [01:57:13.080 --> 01:57:20.840] going to say we don't need to okay show proof of claim show that you are a proper party to come [01:57:20.840 --> 01:57:28.040] forth and that's basically i'm you know without giving up too much i mean client confidentiality [01:57:28.040 --> 01:57:36.840] being what is the uh bankruptcy trustee was challenging the alleged secured party to prove [01:57:36.840 --> 01:57:43.320] up their security interest in the property it hasn't played out yet i mean you know this is [01:57:43.320 --> 01:57:51.320] friday i think i saw those come across the email tuesday uh wednesday wednesday so yeah sometimes [01:57:51.320 --> 01:57:57.880] the the the trustee will will surely be on your side that they don't have the in bankruptcy court [01:57:57.880 --> 01:58:07.480] they don't have a dog in this hunt okay so is this somebody that i should try and uh develop a [01:58:07.480 --> 01:58:13.560] close relationship with or no no you know you just need to speak the truth when you talk to the [01:58:13.560 --> 01:58:20.280] trustee absolutely do not lie do not try to cover up you just make sure that you present the facts [01:58:20.280 --> 01:58:27.080] as they apply in your current situation exactly i hear the music in the background again dave you [01:58:27.080 --> 01:58:32.440] got anything else no i really appreciate it guys thanks so much okay thank you for calling in we're [01:58:32.440 --> 01:58:36.920] going to let you go and go to the next caller on the other side of this break folks five one two [01:58:36.920 --> 01:58:44.040] six four six 1984 we see francis in colorado darlene in florida and joan illinois if you'll [01:58:44.040 --> 01:58:50.920] stay there folks will be to be right to you on the other side this break stay tuned the bible [01:58:50.920 --> 01:58:56.280] remains the most popular book in the world yet countless readers are frustrated because they [01:58:56.280 --> 01:59:02.280] struggle to understand it some new translations try to help by simplifying the text but in the [01:59:02.280 --> 01:59:08.600] 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