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Violations of Title V, TILA, HOPA, RESPA, Title XV, Fair Debt Collection

when applying for a certificate of title.

Well, the purpose is so that we can actually own our vehicles, so that we can have the real title, not a certificate of title.

Exactly, Deborah. That's the key to that whole thing about why the certificate of title exists.

Well, they are now, Randy, because they're requiring a driver's license in order for you to get a certificate of title, so now they are.

Let's take a look, for instance, at the certificate of title.

license and he did have a title in his name, a certificate of title.

register title, to register certificate of title to the vehicle now.

You can't register it in your name unless you go and get a certificate of title or insurance

But one of the things that makes it interesting is, is without that certificate of title,

Well, the certificate of title is an interesting animal.

It tells you in 502.152, certificate of title required for registration.

So if we find out what a certificate of title is and we go look it up, it tells us in section

501.004, applicability for a certificate of title and it says in subsection A, this chapter

These are the only vehicles required by law to have a certificate of title.

Now, if you are not required to have a certificate of title, logic follows that you can't be

But when you get right down to it, since a certificate of title does not apply to a private

So there's two very important terms for all of Title II,

the other night, it will either say construction of title or construction of code. This one

says construction of title. The Code Construction Act, chapter 311 government code applies to

we can see that the scope is declared to be applicable to all of Title II

You ask for a chain of title related to your mortgage, and then you ask for certain proof,

You mentioned something earlier that got my attention where you mentioned a chain of title

me about chain of title, how do you, how would they have to establish chain of title?

asking Tony about chain of title yes go ahead Tony okay well basically it's

of how the process works chain of title that's what you want you want to prove

if he has the chain of title then he has to lean on you and it sort of goes to

to prove the change of title I want you to prove the original note I want to see

prove chain of title if they can actually produce the original document

We looked at several sections that deal with the certificate of title and we know that

according to the transportation code a certificate of title is needed only in 501.004.

And when presented with an application for certificate of title showing on appropriate forms prescribed by the department each subsequent transfer between distributor and dealer, dealer and dealer, and dealer and owner

So the MCO is no longer being used to track the transfers from person to person. They have instead, in violation of the statutes, started using the certificate of title strictly for this purpose

What happens every time you sell a vehicle to someone else? You have to take the certificate of title, they have to sign the back of it, you take it down, you get a new one issued in your name

They have actually replaced the MCO with a certificate of title. The occupations code says certificate of title is nothing more than an issuance of legal title to show who is the actual lien holder on the vehicle

I want to see chapter 1 and 2 of title 1 of the administration code, we will get it all.

Certificates of title,

shall apply for a Texas Certificate of Title

without the Certificate of Title under 501.

One of those things is that it must have a certificate of title.

The certificate of title. Now, the certificate of title is specifically addressed in chapter 501, right above 502.

501.004 specifically states applicability. The certificate of title applies to any motor vehicle owned by the state or a political subdivision of the state.

If it's not owned by them, it doesn't apply anyway. 501.004 has already laid that ground rule. Therefore, 502 that says you must have a certificate of title in order to register a vehicle,

means it's got to be a government owned vehicle to require to be registered because only government owned vehicles can be required to have a certificate of title.

Well, certificate of title has replaced the certificate of origin for the intended purpose of the certificate of origin.

What they've done is the certificate of title has now become the original bill of sale, which is the true title, true owner title to the vehicle in question.

That State Transportation Department will take that certificate of title, microfish it, and they will destroy the original.

You remember what we discussed a moment or a little bit ago on the term legal title? That's what a certificate of title is.

The certificate of title is the piece of paper that says, hey, there is a legal title out there somewhere,

The motor vehicle cannot be registered without a certificate of title

unless that motor or because that motor vehicle must be owned by a government entity in order to get a certificate of title.

you're not in a motor vehicle, you don't have to have a certificate of title because it doesn't apply to anyone but the government,

Now there's another thing here that I've only touched upon the definition of once but before we go any further and we get down to the point where we're actually talking about certificates of title and manufacturer's certificates of origin,

It may also mean appearance of title as distinguished from complete title. Full and absolute title or apparent right of ownership with beneficial or equitable title in another, not necessarily record title.

So as you can see, they have all kinds of title levels they can deal with, but legal title is not legal owner. Do not confuse those two.

So right there you have a direct tie in dealing with certificates of title back to the commerce code because 501.00 is the certificate of title act in the transportation code.

Sub-item A, a lease, although subject to this chapter, is also subject to any applicable. Sub-item 1, certificate of title statute of this state, including chapter 501 transportation code,

Sub-item 2, certificate of title statute of another jurisdiction, section 2A.105, or consumer law of this state, both decisional and statutory,

and you go down to sub-item 10, certificate of title means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate

What this is dealing with is the fact that the certificate of title is being used, as we talked about in another show, to denote who has a lien against the property as chattel.

That's what the certificate of title is doing. Now, if you actually go back and look at these, it refers to the term goods in these, okay?

Right there is your dead-on tie-in between the certificate of title and the commerce code.

But 501.005 gives you the direct link to the UCC code for Texas, and that direct link leads you right down the yellow brick road of what a certificate of title is, which is also utilized to determine what the term goods is as it ties into the certificate of title as to what it represents.

And therefore, you can show that the certificate of title is applicable to collateral goods that are part of a contract for storage or transportation.

Now, for those of you that are listening that don't know where I came up with the link of goods to the certificate of title, I'll fill that in for you real quick.

Section 2A.105, Business and Commerce Code, Territorial Application of Chapter to Goods Covered by Certificate of Title, subject to the provisions of Sections 2A.304C and 2A.305C with respect to goods covered by a certificate of title issued under a statute of this state

or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law,

Okay. The last part of it just says, four months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction.

So that is your tie-in of the term goods to the certificate of title.

So when you start going through that and you start looking up what a certificate of title is within the chapters of the Business and Commerce Code, then you start to see that it is a lien instrument that is used to denote commercial activity upon the purchase, sale, or use of a motor vehicle.

The U.S. Attorney David Capp says that he's alleging a violation of Title 18 U.S. Code Section 844E,

Now, Tony also...they're charging him under some section of Title 18 specifically.

but they definitely have cited a section of Code of Title 18,

We have a letter from the Clerk that said that on May 12, 1947, during the vote of Title 18 of the Criminal Code,

Almost always, section.001, for instance, here in Texas of Title I, Paragraph I,

It says Code of Federal Regulations, including all interpretations thereto, okay, incorporates by reference the Federal Motor Carrier Safety Regulations of Title 49,

Certificate of Title Act, 502, Registration of Vehicles, 521, Driver's Licenses, 522, Commercial Driver's Licenses, 543, our favorite section, Randy,

The Department may issue a commercial driver's license with endorsements and Sub-Item 1, authorizing the driving of a vehicle transporting hazardous materials subject to the requirements of Title 49 CFR, Part 1572.

And if it's not a state-owned vehicle with a certificate of title,

a certificate of title applies to.

And the certificate of title is mandatory for registration here.

In Texas transportation code chapter 501, it deals with a certificate of title which

of title to accomplish, which is why it cannot apply to a private automobile because a certificate

of title application and as Eddie was saying earlier the primary purpose of that document

a certificate of title.

of title.

It specifically states that a certificate of title, which is a required item for registering

that can be required to be set up with a certificate of title at the moment of sale are those that

No other vehicle is required to have a certificate of title.

That section specifically states that a certificate of title is required, proof of insurance or

vehicle, therefore no certificate of title, no insurance requirement.

it for a certificate of title.

A certificate of title is nothing more than legal title to a piece of property.

501 deals with the certificate of title, 502 deals with registration of motor vehicles,

certificate of title cannot be made to apply.

However, there is no reason, but that is so that the certificate of title, which is the

That's right, but that's what a certificate of title is.

From understanding the way you've spoken to the nature of title, title means if I have

Well, no, what you've got is you've got two different types of title.

But the fact of the matter is when you look up certificate of title, certificate of title

Okay, you have a certificate of title, correct?

Did you get a bill of sale in addition to your certificate of title?

1, 501.021, Certificate of Title A. A motor vehicle certificate of title is an instrument

No, I'm in subtitle A, certificates of title and registration of vehicle.

number B, Certificate of Title requirements, 501.021, Certificate of Title, we scroll down

the instrument used as the conveyance of title and that there is a clear title.

Texas Transportation Code 548.001 Sub-Item 1, is subject to the record-keeping requirements of Title 49

And your certificate of title is more like a rental agreement.

name below that and that comes out of Title 12 USC Section 411 and I think earlier today

regarding some of the questions that, Eddie, you were talking about, about the certificate of title and who it applies to and the registration.

And the fact that when you get a certificate of title, it's not really ownership because it's a certificate and technically the state has got your manufacturer's statement of origin.

been guilty of some felony. Violation of Title IX, Chapter 42 penal code, that�s breach

They may, or violation of Title IX, Chapter 42 penal code, breach of the peace. Or an

I mean, I got the certificate of title when it was paid off, but we all know what that's for.

going in on the FDCPA we're dragging state law for felonious slander of title

about certificate of title and all that stuff.

that a private motor vehicle must obtain a certificate of title and register.

And I'm aware of Title IV-D funding to the states for collecting child support, you know,

For example, in 7701 of Title 26 U.S.C., 7701 is, you know, definitions, it says, uh, hmm,

It's kind of like the certificate of title to your automobile

here in Texas, or one that's in direct violation of Title 49, which is the

This possessory interest is basically like the certificate of title on a car

And I wanted you guys, both of y'all, to go into this because there's a lot of people in the state, most people I would say, who are not landowners or don't even have a color of title or a color of deed to their land who have not gone through this process.

So it's important that you get an abstract of title so that you know every place this title's been.

But you're going to go back through the chain of title,

and when you run into the patent, the patent basically says anything in the chain of title

That's the chain of title

You go to the chain of title, and that's why they call it the color of title document, because the color of title document gives you the list of the parties to whom it went that fit in that space called assigns or heirs

you run into the issue of title for land.

No, those documents in law are called color of title.

Your deed is merely color of title.

Now, again, if you pick up the Black Law Dictionary and you look up color of title,

You'll have this chain of title that goes from where you are right now back into the past to the patent itself.

The chain of title from the patent to the present is the color of title that proves

You have to go back to the chain of title to somebody that holds title prior to the

it's like, well, you have it, you know, you got to have the chain of title, somebody has

Those documents, deeds or whatever, are colors of title.

We don't do anything with the chain of title from the patent to the present, you still

It's basically the implementation and interpretation of Title 47, which has brought the FCC into

the definitions of Title 47.

This is in Section 503 of Title 47 involving forfeitures

Paragraph 5 under Section 503 of Title 47, it says,

This is straight out of Title 47,

501 deals with your certificate of title.

501.004 specifically states the certificate of title only applies to a motor vehicle owned by the state or political subdivision of the state.

Nowhere in the code does the word private automobile, private vehicle, or private anything pop up in relation to a certificate of title.

Now, as we talked about, 501 deals with the certificate of title, 502 deals with registration, 548 deals with inspection.

talked about here by the way the lack of oath of office of the violations of title five the violations

of title 47 regarding their administrative procedures or lack thereof the fact that they

is very clear violations of Title V, which has to do with administrative rulings.

So Randy you wanted to read some sections from the petition to preface and then I'm going to go over some sections of title five

They've also violated procedural requirements of title 47

paragraph d of section 554 of title five

Discussing what these rogues have done and how it's a violation of title five

Tenants of title 47 and title 28 well, then it's a hopeless case

Any specific paragraph of section 301 of title 47?

They said they just said are you violated section 301 of title 47 well dude

for the purposes of the provisions of Title 112 revised statutes revised in this chapter, person includes a corporation as provided by Section 312.011 Government Code,

They are still part of the chain of title if you want to trace things back.

much right out of Title 47, I just had to mirror it to be an enumerative type of bill

instead of a restrictive type of bill, but I took it right out of Title 47, the language,

of Title 47, and so, Randy, I'd like you to address this issue of the expansion doctrine,

that's why I took language directly out of Title 47 when I was helping Honorable Representative

Chapter 29.02 to be exact of Title 37.

vehicles must have a certificate of title and if you check vehicle registration in 502,

you will see you cannot register that vehicle without a certificate of title.

And 501.004 says the certificate of title applies only to state-owned and political

Because you must have the certificate of title and yet the certificate of title specifically

to procure a certificate of title.

under this act to procure a certificate of title.

This is paragraph D of section 301 of Title 47.

This specific requirement is out of Title 37, Chapter 29 of the Administrative Code.

Okay, Chapter 29 of Title 37.

Okay, well then if our friend wants to show like a deed to the house or a title, certificate of title to his car and things like that, well then that's acceptable.

We've just finished going over some of the rules in 4.13 of Title 37 of the administrative

the basis for allowing registration to occur which is a certificate of title is in 501,

Now, remember, we're in the traffic regulations of Title 12 of the Austin City Charter.

Then you go to Section 12-1-3, Application of Title to Public Employees.

of Title to Public Employees.

Well, I'm wondering, you know, this kind of sounds like what this issue of Title 18 never being passed by the legislature.

Yeah. Previous owner had a certificate of title which was given to me and attached

But 4.13 of Title 37 in the Administrative Code says how the Department of Public Safety

So at any rate, I found it in Section 510 of Title 47, Paragraph B, under seizures regarding forfeitures of property.

to the Code Construction Act at the beginning of Title II, but it is not in Title I, which

You don't have a chain of title, any law.

There's no chain of title.

No chain of title.

I mean, they have no chain of title.

regardless of title or position.

section 2680 of title 28 discusses exemptions

but in this same paragraph of section 28 2680 of title 28 it says for it's the very next sentence as a matter of fact

okay, because there are, in section 2680 of Title 28, it has to do with exceptions, all

said no, you guys can't regulate the Internet, okay, so at any rate, back to the CFR of title 36,

In California, if you file anything on title, they call it slander of title, and they'll sue you before you sue them.

They had multiple violations of Title 47 and Title 5

Change of title.

in the same causes of action, and that you want to litigate the issues of title and who

exist because of Title 49 of the United States Code. That's where the states got the idea.

attached to a certified copy of the certificate of title

It is specifically written to repeal Chapter 5 of Title 40

he will break that chain of title.

as a motor vehicle in the state of Texas is that it must have a certificate of title.

And under Chapter 501 that deals specifically with the certificate of title,

from claiming any kind of title to your land.

because of the break in the chain of title, because the lender sold the security instrument

the key issue, this is the key issue that goes to chain of title, chain of title is

the chain of title to that property all the way back to the original land grab because

properties without establishing a clear and uninterrupted chain of title and Good Morning

chain of title, so it doesn't take a financial wizard to understand the kinds of problems

to break anyways so this is a very serious issue this lack of chain of title and another

Yes, and the chain of title, Randy, that's where you left off about the foreclosure sales

no chain of title, you can't get title insurance, that's where you left off.

Randy, what is the deal with the chain of title, why is there such a risk of not having

a chain of title with these homes that are on the foreclosure auction block?

but they're not going to have a clear and direct chain of title back to the original land grant.

and it's caused a break in the chain of title.

so as far as I know, that's the only, that's the line of title.

They've lost the chain of title.

What I want to comment, I want to raise the issue of title and not a bona fide sale,

And if you raise the issue of title, it has to be heard in superior court.

at premium costs instead of adding on a lot of costs, which a lot of title companies will

But like an automobile car, I have stacks of titles of automobiles

of our property such as our automobiles and they give a certificate of title and so when

you look, when a person looks at that certificate of title in about every state in the union,

when that legal document is associated with the transfer of title to real property or is used to make or release a lien.

is that you are not allowed to act in a legal capacity for the transfer of title to real

When you turn over that MCO or MSO to the state and get a certificate of title, the

law is very clear about what a certificate of title is.

In that case, a certificate of title is a negotiable instrument.

All in violation of Title 18 U.S. Code, Section 875C

a certificate of title, then yes, you

And in Texas, a certificate of title

So a certificate of title does not convey true ownership.

is a certificate of title.

that the requirement for a certificate of title

I just have a couple questions on the certificate of title for the vehicle.

That certificate of title, number one, does that give the state the authority to have the owner pay

or whatever, and actually rescinding that certificate of title and then creating some sort of a,

and get back the actual title, mainly because it was destroyed the moment the certificate of title

Now, the problem here is the certificate of title was meant to prevent the trade

and if so, where's the original instrument instead of a certificate of title

Did we enter into a contract then as far as accepting the certificate of title?

they said okay the constitution doesn't apply but the section of title 18 applies right so if

And every time they demanded that I show them proof of ownership, I produced a certified copy of the certificate of title.

I never, ever let them get their hands on the certificate of title and a certified copy of that notarized bill of sale.

Now, count three, just to go back, that's section 1341 of Title 18,

And then count three, this is section 485 of Title 18 again,

Count 1, in violation of Title 18, Section 371, conspiracy to defraud the United States

men of the United States in violation of Title 18, Section 485, and conspiracy to pass and

money in violation of Title 18, Section 486. Okay, that is Count 1. Now folks, I just don't

Well, yeah, the whole chain of title.

we read sections of Title 18 concerning counterfeiting and these sorts of things

such out of title whatever the title is and he didn't quote the coin and mintage act because

assignments. And obviously there was a break in the chain of title. So that was what my

Of course that was state land, for it to be federal it has to be a change of title and

In order to title a vehicle, it must be required to be a certificate of title, and the transportation

It tells you exactly what a certificate of title applies to, and a private automobile

and they're called all kinds of names and they're hung with all kinds of titles that

That is a claim that the bank can give you to keep them from getting a ruling on the lack of title.

One, sub-paragraph one, to recover damages for injury to his personal property or because of the deprivation of any right or privilege of a citizen of the United States by any act done in furtherance of any conspiracy mentioned in Section 1985 of Title 42.

Okay, but the bottom line here, this sub-paragraph three of paragraph A of Section 1343 of Title 28, that's how you bring these violations and color of state law into the federal court system because you're redressing the deprivation of your rights under the color of any state law, statute, ordinance or regulation.

Sub Item 4, and the entirety of Sub Title C of that code, as well as Rule 4.13 of Title

certifications that are required by Rule 4.13 of Title 37 of the Texas Administrative Code

Do you have a certificate of title or do you have an MSOMCO?

I've probably just got a certificate of title or whatever when I pay for it.

The way I did it on my car was I simply took the original plates from the state, from the state it was originally registered in, even though I still have the sign certificate of title.

I sent them a copy of the notarized bill of sale and the certificate of title signed off that I have attached to that bill of sale.

What you need to do is take the certificate of title, send it to the secretary of state for whatever state that certificate of title belongs to,

And then demand that the secretary of state sign off on the certificate of title stating that the state no longer has any financial or viable interest in this car.

And there's a place right on the back of the certificate of title for the secretary of state to do that.

That certificate of title with that signature now serves as your MSO MCO.

Sign this certificate of title.

and he sent me one page out of Title 13 and it's the Chapter 7 Offenses and Penalties.

Because the deed to a piece of property is exactly the same thing as a certificate of title is to a car

That's how they get the certificate of title issue to protect the lien holder.

This chapter is 501 and it is titled certificate of title act sub chapter A general provisions.

Now the very first definition given here is for certificate of title and it reads certificate

of title means an instrument issued under section 501.021.

We have a second one in the term itself certificate of title.

Now this creates a quandary in the area of a certificate of title and the reason for

This information is not on a certificate of title.

and we apply that definition to a certificate of title they don't match up because the certificate

of title does not say anything about the amounts owed or due and owing on the lien that the

certificate of title actually records.

of title itself in the business and commerce code.

Let's see what it says the certificate of title is in relation to a secured transaction.

Now this is out of section 9.102 sub-item 10 certificate of title means a certificate

of title with respect to which a statute provides for the security interest in question

of title do.

Everything relating to the certificate of title directly goes to the fact that there

vehicle and that lien is evidenced on the certificate of title.

But the certificate of title itself is not a negotiable instrument because it does not

So the certificate of title is not a negotiable instrument, a negotiable instrument, again

The conditions of the agreement, none of which the certificate of title does.

That being said, the certificate of title by that definition as we follow through each

Now that we know what the certificate of title is and what it isn't, we now know the certificate

of title does not create the presumption that we own the property.

this certificate of title would do under the lien.

off of the certificate of title.

Okay, now we've looked at the legal definitions of instrument, negotiable instrument, certificate of title

In 502.152, this section is titled Certificate of Title Required for Registration

for which a certificate of title is required under chapter 501

unless the owner, one, obtains a certificate of title for the vehicle

or two, presents satisfactory evidence that a certificate of title was previously issued to the owner

Now, I don't see anything here that would allow them to register a car absent a certificate of title

which a certificate of title is required under chapter 501

unless the owner gets the certificate of title for the vehicle

So they're saying that you cannot register without a certificate of title

When we went back to 501, which is titled Certificate of Title Act

and we looked at the definition of certificate of title

This is what it says about the certificate of title

Subsection A, a motor vehicle certificate of title is an instrument issued by the department

Now, in the certificate of title

the motor vehicle certificate of title is an instrument issued by the department that includes one

but they're telling you you can't register the car without a certificate of title

then you have to put that on the certificate of title

but you can't register it to get the plates until you have the certificate of title

you're not creating a new one requiring a reissuance of a certificate of title

The certificate of title is not a sign of ownership, we just covered that

The certificate of title does not convey or substitute for proof of ownership

the odometer reading indicated by the application for the certificate of title

So this is what a certificate of title is and how it's used

and what it's for does not allow ownership to be transferred through the medium of the certificate of title

because they only gave right of possession to you, the person named on the certificate of title

So this creates a problem of ownership of the property when it's only identified through a certificate of title

Now, we have one other little problem with this certificate of title issue

they're telling you you can't register a car without a motor vehicle without a certificate of title

So if you must have the certificate of title

They have to use it in order to apply for the certificate of title

I'm sorry, they get you the certificate of title with this information

Right now I'm gonna finish up this information on the certificate of title regarding registration of a motor vehicle versus an automobile

Where it specifically states a certificate of title is required for registration

Okay, now, when you do that, and it says that you have to have the certificate of title that is identified in chapter 501

Let's see what the Texas legislature said that the Certificate of Title Act actually applies to

Now remember, no certificate of title, the county tax assessor cannot register the motor vehicle

Joined it to him. No certificate of title, no registration

So who does the Certificate of Title Act apply to? Section 501.004, applicability, subsection A

The entire chapter on certificates of title applies to a motor vehicle owned by the state or a political subdivision of the state

Not even if they are a commercial enterprise, does this act obligate them in any way to get a certificate of title for the purpose of registration

Why in heaven's name was certificate of title apply to a tire, radio, or heater to begin with?

Where in that is your car? Where is my car? Where is the general population's private automobile in regard to being applicable to the certificate of title act?

Is if it involves property the state purchased because remember that's all that's on the certificate of title is evidence of a lien against the property

The state in order to issue the certificate of title the MSO or MCO must be sent to the state

Then and only then will the state issue a certificate of title

But the point here being that they destroy that original ownership document and they issue that certificate of title in its place

But the certificate of title only applies to vehicles that are owned by the state or political subdivision of the state

Because a certificate of title cannot be issued to a private owner

It's right here in the code a certificate of title doesn't apply to a private owner

Who owns my motor vehicle? I have a certificate of title, it's paid for, there is no lien

Technically speaking, they would be the owner because as I just went through this tonight, the certificate of title does not make a conveyance of ownership

However, what the plan is to try to make this fly, and we believe this ought to work, is you send the certificate of title into the Secretary of State

Now, the Secretary of State will run a check, make sure there's no outstanding liens or anything that are signified by that certificate of title

They then should either sign off on a different type of certificate of title that does show conveyance of ownership

Okay, if you currently have the certificate of title and there is no lien on the automobile any longer,

Okay, what you need to do is take the certificate of title for the car.

Now once you get that copy made, take that original certificate of title you're holding,

They will either issue a different form of title signed off by the Secretary of State

See, if you actually read the certificate of title act,

And only that 501.004 specifically says the certificate of title act

if it doesn't have a certificate of title.

Since the certificate of title according to law applies only to motor vehicles

But you can't register it at all unless there's a certificate of title obtained for it.

And like I said, the entire chapter 501.00 which is the certificate of title act

So the documents that I would receive were a mechanics lien, storage lien, affirmation sheet, and something called certificate of title that is also filled out by law enforcement.

So the certificate of title is filled out by law enforcement at this point?

The county is the one that issued certificate of title for automobiles?

Right, and that's the same way it is here as the tax assessor collector will fill out the application for the certificate of title and forward it to the state.

And then they have to go through the Sheriff's Department to get a county law enforcement public servant to sign off on the certificate of title.

And then they send it to the state in order for the tow truck company to get the certificate of title.

And they sent me what they call a certificate of purchase, and it has an affirmation on it that requires the transfer of titles for what they're calling abandoned vehicles. Abandoned, lost, or stolen vehicles is what it says.

Without that certificate of title or a salvage title or the actual MSO,

Because the certificate of title has got to set up as a motor vehicle.

that certificate of title has to be signed over to whoever allegedly buys it as a motor vehicle.

Then what you need besides that certificate of title is a bill of sale.

I'm not worried about the sticker, I'm worried about the certificate of title.

That certificate of title is what gives the state the illusion of having a financial interest in the automobile.

You take the certificate of title with a certified mail return receipt requested, notarized letter stating that you intend to remove the automobile from the territorial boundaries and jurisdiction of this state.

You need the certificate of title signed, converted or changed to whatever is necessary to give you clear title to the car and remove any illusion of interest by the state in the property.

Maybe, maybe not. It really depends upon the paperwork. They may actually change it to a different type, a certificate of title with a different declaration on it.

There are actually several different forms of a certificate of title. So it is possible that you may get one that is actually physically different in what it contains as far as information.

Look, it won't. If you sold me a car with a bill of sale, that's not a certificate of title, is it?

And if I turn around and take it to where I live and then register it, and I have your own certificate of title and this new bill of sale, will the state I'm in now let me register the car?

We're suing under section 1983 of Title 42 and section 241 and 242 of Title 18.

Are you talking about the certificate of title to the car?

for which you only possess a certificate of title rather than an MSO or an MCO.

The moment a certificate of title is applied for, you will never see that document again.

you take the certificate of title that you possess.

You get a certified copy front and back of that certificate of title.

wherever the certificate of title is from.

The secretary of state will either sign and stamp the back of the certificate of title you sent and return it to you,

The other possible outcome is they take that certificate of title,

transfer the information to a different type of certificate of title,

show a complete chain of title I'm sorry a complete chain of holdership not

that the requirement to register and obtain a certificate of title for an automobile

what a certificate of title is and why it is being used and who it actually applies to.

certificate of title can be issued to?

and can get the certificate of title issued for the car and make it a motor vehicle.

So if you actually get a certificate of title and it doesn't apply to you,

the argument could conceivably be made that you're fictitiously obtaining that certificate of title

a motor vehicle in this state without a certificate of title.

We've been led to believe that the certificate of title applies to every car.

that shows you that you cannot register a car in Texas without a certificate of title.

without the certificate of title. Let's see. Yeah, there we go.

Okay. Now, in 502.152 of the Texas Transportation Code, that section is titled Certificate of Title Required

for which a certificate of title is required under Chapter 501 unless the owner, one,

obtains a certificate of title for the vehicle, or two, presents satisfactory evidence

that a certificate of title was previously issued to the owner by the department of another jurisdiction,

without the certificate of title. That is issued under Chapter 501.

What we're going to do now is look at 501 and see how this certificate of title actually applies.

Now, there are some certain things we need to know about this certificate of title.

This chapter may be cited as the certificate of title acts. 501.002 definitions in this chapter,

One, certificate of title means an instrument issued under Section 501.021.

chattel mortgage, trust receipt or reservation of title, or C, a child support lien under Chapter 157 Family Code.

Alright, now that is the purpose of this act. The certificate of title act is to lessen the theft or trade of stolen or lien encumbered vehicles and motor vehicles. That's all this act applies to.

But, who does the Certificate of Title Act actually apply to? We find the answer to that question in Section 501.004. That section is titled, Applicability.

Subsection A, this chapter, meaning all of Chapter 501, the Certificate of Title Act in its entirety, this chapter applies to a motor vehicle owned by the state or a political subdivision of the state.

Those are the people that must get a Certificate of Title. This is why the state takes the Certificate of Title when it's sold as a motor vehicle.

Only the state can have a motor vehicle under the Certificate of Title Act.

So, there's no wonder that when you send them the Certificate of Title or the MSO or MCO from the dealership, they have a right to presume they're being given ownership of the car.

They're taking the Certificate of Title and issuing it in place of the actual ownership papers. Then what are they doing? Destroying the actual ownership papers after they make a microfish copy of it.

So, once they get their hands on the MSO or MCO, the presumption becomes that if you're applying for a Certificate of Title, then this motor vehicle belongs to the state or political subdivision of the state.

This is where we find out what a certificate of title actually does.

Now, if this is about a certificate of title for the purpose of registering motor vehicles, where does the business and commerce code come into play?

Well, let me tell you, it comes into play through those previous terms we looked at where it identified the certificate of title as an instrument.

The certificate of title is in fact a negotiable instrument.

A, in this chapter, Number 10 Definitions, Certificate of Title.

Certificate of Title means a certificate of title with respect to which a statute provides for the security interest in question

Alright folks, there you have all the necessary definitions to see what a certificate of title actually does.

The certificate of title does not grant the possessor ownership rights to the car.

So the question becomes, what document actually grants ownership rights rather than legal title like the certificate of title does?

The certificate of title may give you a right of possession, but it does not give you a right of ownership.

If that is the case, how can a certificate of title create a right of ownership?

There is no nothing, no conveyance of any kind in this entire chapter that is designated as being required to have the certificate of title if it's not owned by the state or political subdivision of the state.

When a certificate of title is issued for that property and the state seizes the MSO or MCO, that is a taking people.

When they sell you a car and you have to get a lien on it, who should be holding the certificate of title?

The moment the certificate of title is issued, the law written the way it is says the state is the only one that needs that document.

In this chapter number 10 definitions certificate of title

Certificate of title means a certificate of title with respect to which a statute provides

What a certificate of title actually does

The certificate of title does not grant the possessor

Rather than legal title like the certificate of title does and remember

The certificate of title may give you a right of possession

How can a certificate of title create a right of ownership?

That is designated as being required to have the certificate of title

When a certificate of title is issued for that property and the state seizes the mso or mco

of title

The moment the certificate of title is issued the law written the way it is says the state is the only one that needs that document

And he doesn't have a clear chain of title.

You charge them with Section 242 of Title 18.

But in this particular case, what you do is you take the certificate of title, you send it with a certified affidavit stating that there are no outstanding leads on the certificate of title, and you have it signed off to that effect, which you can do because you already

you take it you send the certificate of title to the secretary of state where it's registered

this if you're still using plates on it then you have a certificate of title you couldn't have got

issue a new certificate of title and add them to it.

So your name is on that deed of title?

guys say, because a certificate of title doesn't necessarily prove ownership.

A certificate of title does not prove ownership at all.

By definition, a certificate of title is an instrument that shows that the

And then all he has to do is sign the certificate of title and give that to you with the notarized signed bill of sale.

That's when you take the certificate of title and a copy, a certified copy of the bill of sale.

You make a certified copy front and back of the certificate of title,

but you're going to have to send the original certificate of title to the Secretary of State.

The certificate of title, whatever process and procedure is done to relinquish any claims of the state to the property via the certificate of title.

On the certificate of title you send in or they will send you a brand new document, a testing to no financial interest of the state is in the property,

There was a clear cut break in the chain of title in the county record, and as soon as they filed suit,

Well, there's another way they can prove up the chain of title and that is to produce the original with all of the elonges and all of the endorsements

They're looking to establish a chain of title through the filing of requisite documents in the public record

We're doing chain of title, oh, okay, chain of title research.

And that would give you standing to go back and sue the original lender for chain of title.

And if they can't prove up chain of title, then you could ask the court for a judgment

501 is the certificate of title.

You have to show complete chain of title.

that supposedly shows the chain of title from the original lender all the way through to the servicer

and the sale or reconveyance of title and warranty deeds and all that.

Otherwise the whole idea of chain of title would be worthless.

The state adopts all of Title 49 with the following exceptions. And then it gives you

a list of specific sections out of Title 49 that are not adopted and incorporated into

All others are from the federal law. What is the designation of Title 49 USC? Federal

502. Certificates of title, that's 501. All of them outside of subtitle C. Inspection

states to adjudicate any types of title issues in the courts but we're starting

other things. Real property absolutely needs a chain of title. If you get a loan against

proper documentation you show me the note prove up your chain of title well the only

place we have to go to look for chain of title is in the county record if it's not filed

and can't provide documentary evidence of the chain of title from the originating party.

We are going to rescind, they did a full rescission of the sale and did a full reconvance of title and warranty deed and all of that back into my name.

He had never heard this before, how things are based in a certificate of title, et cetera.

So I've read, yeah, I've read Rule 4.13 of Title 37 of the Texas Administrative Code.

That's right, and as such, that DPS officer is not limited by this Rule 413 of Title 37.

I'm not going to see a complete chain of title.

But the chain of title is something

The reporting requirements were intended to give you a line on title or a chain of title

So prove that chain of title.

of title has to do with two people not use it.

But there has to be an uninterrupted chain of title, so it has to go from the guy whose

title. Well, what did the paragraph above transfer to the trustee? There's two forms of title to

When you dig down under Chapter 4 of Title 37 in the administrative code, you find out exactly what that means.

Authority to enforce is written right into 4.13a, that rule of the administrative code under Chapter 4 of Title 37.

penal code which goes by the label of title 18 the Benson people complained

So that's all of Title 18, correct?

but I do have other sections of Title 18, and every single one of them is commercial that I've been able to find.

And do breaks in the chain of title of a recorded mortgage and assignments void the mortgage

holdership of title.

do when it comes to these fees as far as collection. When you go to 103 of title

criminal trial. Never seen it happen and right here chapter 103 of title 2 of the

and did a full reconveyance of title and warranty deed back into my name

There are a number of titles here and there's one for your relationship with your lawyer

What you get in lieu of the MSO or MCO is what's known as a certificate of title, which is

The certificate of title returned to the Secretary of State, they're supposed to return

of title.

deed of trust and a complete chain of title. Appel Carpenter V. Longan. Good for him. Exactly.

a sudden, we're questioning the presumption of title, and every case is on hold. Every

related comment. Find the status in your state regarding recording of title

beneficiary. Now, there are two kinds of title on the property. Equitable, legal.

Get line item I is get certified copies. Yes. Is there a clear chain of title? Let me stop

right there and define clear chain of title. A chain of title is a chain of possession

start, but to go down the route of a clear chain of title. Bifurcation touching the chain

of title, of course. But the clear chain of title, 200 some odd years of well established

custody or the chain of title is clearly defined in... Where is it here? Control click. Okay.

do I go to to make the offer? That's why it's so important to keep the chain of title

Specifically, if the question of title is so intertwined with the issue of possession,

I just wanted to throw that case at you regarding adjudication of title issues.

did a full reconveyance of title and warranty deed

All that does is evidence of breaking the chain of title

Now there are two types of title or two types of claim against the property

The principal must show that he has standing by way of a complete chain of title or a complete

But what I thought I heard you say earlier, I'll take an example of an MSO on a car that if you were to purchase an automobile, and then that MSO is surrendered to the state, and you now have your certificate of title as you travel around in your state-owned vehicle and such,

No, no, no. There's legal title. That's what the certificate of title is, but that's not equitable title.

Okay. The certificate of title is a negotiable financial instrument. The only thing a certificate of title does is record all outstanding liens and claims against the property.

That's all a certificate of title does. It does not convey ownership of any kind. It conveys use rights.

In either case, the antithesis of equitable title may also mean appearance of title as distinguished from complete title.

In either case, the antithesis of equitable title, it may also mean appearance of title as distinguished from complete title.

And a certificate of title is a legal title, it is not an equitable title.

It's just like a certificate of title to a car.

member chain of title with an affidavit, which is the same thing as asking for the note,

the chain of title and it was just written. Okay, hold on. I got a guy in Pennsylvania

And he did a chain of title on that chain of title does not have an assignment from Wachovia to Wells Fargo.

Are you talking about an abstract or when you say chain of title what define?

I mean I know what a chain of title is but are you...

Chain of title in my understanding is if I sell a document to you and then you assign it to me.

Yes, yes, yes. Carlos, I know what a chain of title is but you're using the term...

You say you've got a chain of title from somebody. Define what you mean by in that context.

Okay, I think he's saying chain of title analysis.

Analysis or yeah, what I'm trying to get at is did you get a chain of title analysis or did you get an abstract from like a title company?

I did get a... Well, we call it here chain of title. That's what we call it and what he did in writing, he says on this date, this document was assigned by this person.

Okay, but what I'm digging for is credibility of who it was that did this analysis. That's why I need to know, did you go to a private company and the private company did a chain of title analysis and what kind of credentials does the private company have or did you go to a title company and did they do an abstract or something to that effect?

and plot the chain of title. If you need help with it, call me. Send me an email, Randy

Well, there are two forms of title, equitable and legal.

a copy or you send them in the certificate of title and what they will do is they

because of Title 49, then it's always intrastate. It can't just be interstate because that multi-state

The issue of Title 18 never being passed by the legislature.

that conclusively prove that a single version of Title 18

And I thought, crap, they were getting around that by bringing the FDIC into it and using that as a chain of title.

fact that we realized that there is a problem with the chain of title based on the fact

The problem is, is they didn't keep accurate records, so they don't have the complete uninterrupted chain of title

Bring me the person who can sit in this courtroom and prove by uninterrupted chain of title that they are the bona fide holder of the note.

The chain of title should match the endorsements on the note line by line, from party A to party B, from party B to party C, from party D to party E.

What I do is I do a chain of title analysis and I do use another product that I created called CODA, chain of title analysis.

That's what a chain of title analysis will tell you.

Chain of title.

Chain of title.

I've had a chain of title investigation done and I've also had a securization audit done.

The chain of title analysis that I do goes much more in depth, which Steve Skidmore can

have jurisdiction to adjudicate issues of title, and that when the issues of title are

If you could get a copy of your note as it existed at the time of sale, you would then compare your train of endorsements with your train of title, and they would have to match.

And the biggest problem that we have is getting the lender to prove up chain of title, prove

However, in order to establish the source of the funds, they'll give me chain of title.

Where is the uninterrupted chain of title giving you agency standing

It's a chain of title problem.

and they give us a certificate of title,

and they're just issuing us a use permit called a certificate of title,

The most important to know is what's not there. And that will be those documents going to chain of title.

Under Subsection 1982 of Title 42, that you have to be black.

you need a chain of title audit more than a securities audit.

Securities just simply for the purpose of establishing chain of title.

And that's just the chain of title.

Yes, that's chain of title.

should even care about whether or not their note was securitized and why they care about chain of title?

So at all times given, the chain of endorsements matched the chain of title that was shown into public record.

So the county recorder's office was where the owner of title to that property was kept.

He has not purchased the right to the claim of title that's in that security instrument

And let's take it further. We have issues of title.

Now this property, Randy, has to go back on the market and these issues of title are still clouded.

Well, what happens if your son or your daughter were to purchase a house and a year later find out that someone else is claiming ownership of title?

So do you think we have slander of title in there as well?

I think this is more than slander of title.

the statute, it cites Title 49 and part of Title 49.

So North Carolina statute is citing part of Title 49, which has been amended.

There potentially is the legal foundation that it was collaterally approved of by the states adoption of Title 49

they need to go to the proper owner of title.

And what I would suggest is that you get a chain of title analysis.

Hey, oh, by the way, Joe, your guys are doing that chain of title search.

when he's done with this chain of title investigation.

or in any part of Title I whatsoever, because according to the legislative website,

The other benefit of Title II is it says not a penny can be collected

Thus, your incarceration under that warrant and the arrest and the warrant will all be 100% illegal under the collections part of Title II because the bill was never itemized, signed, and submitted.

Yeah, but don't get into their hands until you have finished the study of Title II and got that put into that habeas.

He did that chain of title analysis. It's a 30-page affidavit for anybody listening out there who was sitting on the fence.

We want to demand that you prove up complete chain of title from the original lender

And depending on the nature of what I find, we'll probably want a chain of title analysis.

a chain of title is not always necessary because you're looking at the structure of the document.

The claim would have to go in a direct chain of title from the original lender

That's an uninterrupted chain of title.

On the necessity to file a correct and complete chain of title?

Now you've got to break in the chain of title.

So I got it that you're not getting a movement of title, you're only buying the rights of the trustee.

the analysis or the chain of title and he finds that it was securitized, your lawyer

I want to thank you, Joe, for preparing a wonderful chain of title analysis for me recently.

called a chain of title analysis.

Did you find a complete and correct and true accurate chain of title?

If you have agreed that you're a taxpayer, then the whole of Title 26 applies to you.

Have you had any kind of audit done, a chain of title audit?

The reason you have to get a certificate of title is because the state has to make sure that both

that. So they issue the certificate of title to signify that there is an outstanding lien agreement.

I'm going to suggest that you spend a little money and get a complete chain of title on the property.

And Joe Esquivel does the complete chain of title.

And I'll look at it and see if a chain of title is in order. And that's going to depend on who gets assigned what.

I don't always suggest a chain of title audit. Only if there's certain conditions that exist.

and in their slander of title and a few other things.

And you had something to say about chain of title, Ms. Angie?

Have you had a chain of title audit done on the property?

I'm looking at the, you gave me a link to the courses on this website and I'm looking at the list of titles

So that's what this online school is going to be doing. But definitely you would need a chain of title analysis.

So we look for these real simple ones and that's why it's been specific about what's in the record and yours looks like you're going to need a chain of title so you can show that countrywide Bank of America green tree.

Get a chain of title from Joe so you know where that note has been. You know all the actors.

He'll come back at you for slander of title.

I will suggest a chain of title audit through general if your paperwork indicates that it may be of value.

So in that one, I don't need a chain of title audit.

I was in a court with limited jurisdiction that could not hear issues of title, so those

There is a clear uninterrupted chain of title because only one person is in the chain.

that these guys are not going to be able to prove a complete chain of title.

Here's a real cool thing that Chris did by going to the mortgage insurance company and getting the names of the beneficiaries of the insurance is when the lender comes to the table to foreclose and he puts down his chain of title.

Slander of title.

Yeah, they would go to slander of title.

Yeah, they would go to slander of title.

The slander of title is simple, the other two get these puppies put in jail where they belong.

I not only look for breaks in the chain of title.

A chain of title search to see where the beneficial interest in the note went to.

sovereign or establish the superiority of title out of a common source or prove title by limitations

If you look through the records and you find that there is a complete chain of title filed

are not listed in the records, that constitutes a break in the chain of title and everyone

who was not named in the complaint was included in the chain of title of your loan.

the title, under what color of title, but they paid the taxes. So instead of the 10 years,

of title so that they can't prove up their claim against the property, then chapter seven bankruptcy

They'll say, oh, yeah, let's have a proof of claim. And that puts them on the dime to bring the uninterrupted chain of title.

there is a great likelihood that these guys are not going to be able to prove a complete chain of title,

Is when the lender comes to the table to foreclose and he puts down his chain of title, Chris can drag this out and say, now wait a minute, you got these names here, who are these guys over here who are listed as beneficiaries?

chain of title. I want to see it.

Slander of title.

Would they go to slander? Yeah, they would go to slander of title.

Yeah, we'd go to slander of title.

The slander of title is simple. The other two get these puppies put in jail where they

Okay, you have to do a, either slander of title or trespass to try title action against the foreclosing trustee or whoever held the auction

So what you would probably need would be a chain of title analysis in which we would compare the documents that you would have, like documents presented to the courts, documents that are in a public record, and compare the chain of title to the chain of endorsements.

One is a straight quiet title action. Another is trespass to try title. Another is slander of title.

If it is post-foreclosure, you might consider filing either suit under trespass to try title or slander of title.

You'd quiet title or slander of title.

into a Quiet Title action or a Slander of Title action.

to patenting your property. If there's been a mortgage in the chain of title,

Then we didn't need, then we need to do a chain of title analysis.

There's, you know, I'm not sure if there was a broken chain of title or not, but I thought

Okay. We don't care what people claim. We care about uninterrupted chain of title as recorded in the county registrar's office.

We don't care if there's an uninterrupted chain of title somewhere else. If it's not filed in the county record, you can't see it and the court can't see it.

And this goes to what Joe talks about is uninterrupted chain of title.

The chain of endorsements must match chain of title. So before you do an assignment, a negotiation transfer and delivery of the tangible negotiable instrument must be made as well.

chain of title, did you hear Chris earlier, I think Chris has dropped off, did you hear

I'll have to look at chain of title.

And what we need to do is find an interruption in the chain of title.

I believe that's the correct train of title.

uh there's a transfer of title form that needs to be filled out

or color of title.

The justice court only needs colorable title or color of title to take your house away.

that the original didn't exist they said title they said that the chain of title they used

the word chain of title the phrase chain of title couldn't be verified because the documents

Either a quiet title issue, a slander of title issue, a wrongful foreclosure issue

No, I mean, in New Jersey, like rule 46.1B, they have to have, you know, perfection of chain of title. And he put that, you know, there were some certain people named in chain of titles, like sandwich accepted court that was in a PSA full sort of agreement.

And those are quiet title, suit for quiet title, slander of title, and a trespass to try title.

Next is a slander of title.

I'm not going to get into the definitions, but the essential elements to a slander of title,

Regular chain of title from the sovereign, that's an abstractive title.

and a suit that raises a genuine issue of title in the district court or the federal court,

of title, then how do I back that up?

I need to bring forth the elements pertaining to slander of title, and then I need to bring

up my argument, all right, that I'm saying goes to slander of title, and then I'm going

There's a color of title.

Warranty deed is evidence of title.

So is there something in California law that goes to the difference between the warranty deed as evidence of title and the land patent?

I'm trying to understand this, but since that is evidence of title and a land patent is evidence of ownership,

so if someone has filed evidence of title and you don't want that stripped out of the record, then because you're the owner, you may have to accept the presence of that.

If you can get a quiet title against the security instrument for breach of title,

in the inducement, infliction of emotional distress, quiet title, slander of titles,

Vehicle, every device in, upon, or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title under Section 3 of blah, blah, blah code.

the state of title and the other one you'd use a title company to determine the state

of title but the way they determine the state of title is with a title search.

Do they have jurisdiction over the issue of title?

Now, under slander of title, there are four elements in a slander of title suit

that certificate of title. Okay hold on hold on hold on Becca how did the

sell buy transfer and assign in accordance with law right and that's what the chain of title

get a chain of title analysis and an investigation it does you know good if you do not know how

to use the information which we have to understand is that a chain of title analysis is a chain

of title analysis and investigation by a licensed private investigator why is that important

when we do our chain of title analysis and investigation what we are doing is laying

gotten our chain of title analysis all right I had someone today said well I put it in

of title based on this document steve just because you file something that does not make

they don't have to prove up absolute title they don't have to prove up a chain of title

you need to get a chain of title analysis and an investigation you need to get all of

the parties the statutes the arguments and that's what the chain of title analysis does

of fact that we're using in conjunction with this chain of title analysis is an affidavit

of fact it is to be used as an affidavit of fact the chain of title analysis is not an

And they said, while you're paying for this property, we're going to take an interest in the form of title.

If I were in your shoes for post foreclosure, I would be looking at federal slander of title,

Slander of title?

Okay. Now after we had that hearing where I stated that it was required to have an evidentiary hearing, three days later I get this letter that the plaintiff filed a motion to direct the clerk to issue a certificate of title on that sale.

Which clerk, court clerk or the county clerk, is to do a declaration of title?

Now, the court has issued an order to or a directive of some sort to the court clerk to make a declaration of title.

However, if there is a pleading and adversarial pleading in the district or the federal court with genuine issues of title that abates any action or pushes the pause button on any action in the lower court for possession.

Well, if they follow through to get certificate of title, it would be for wrongful foreclosure.

Is it are you raising issues of wrongful foreclosure or are you raising issues, genuine issues of title?

I can see where they can do that in the lower court because all the lower court needs is color of title.

I mean, like you said, file a list pending, but if they go and get certificate of title,

So even though they go and get the certificate of title like you said,

the peace officer post of title three of part two of the penal code when that peace officer

Violation of Title IX, Chapter 42 penal code, breach of the peace or offense under Section 49.02 penal code, and 49 goes to alcohol,

With the actual complete chain of title

Right, and the other thing that we discovered, and we've talked about this before on the show, is we were trying to determine discovery as the ownership and the chain of title being perfected

Exactly, but is it possible for any one of these companies to have ever held it and is my chain of title

So without that true, correct and accurate chain of possession, chain of title, the whole deal is off

And tell you where there appears to be gaps in the chain of title

If you can find gaps in the chain of title, if you're in Texas

That would be in the order of quiet title or slander of title

Right. You'd probably have to go through the Secretary of State to do a chain of title as far as our...

Go for slander a title and use declaratory judgment to quiet the cloud on title with the color of title claim.

For the purposes of obtaining the accuracy of a precise chain of titles for all mortgages, assignments of mortgages, and assignments of articles,

do the authorized attorney or agent setting forth the complete and precise chain of title to date with all the dates of assignment,

That sounds like you're asking for an abstract of title.

But after someone's filed an abstract of title and there is a change in the condition of the title, you don't have to do a whole new abstract.

And that's within 90 days. Now within 180 days subsection 621 of title 21 says no deed or

On its face, if somebody's looking through the chain of titles, they would just be looking through that.

of title, okay.

Slander of title, how many elements are there to slander of title, there are four.

The process we're going through attempting to see how well it works is to file, send the certificate of title to the Secretary of State for the state in which the car was registered

authorized under Rule 4.13 of Title 37 Sub Chapter B of the Texas Administrative Code,

Because August 13th is when I've got the hearing coming up where they want to issue certificate of title on the property.

be a forged and fraudulent document as the chain of title is severely clouded.

You want to come in and sue for slander of title, sometimes you can get away with it

you could sue for trespass to try title, slander of title, or a suit to quiet the controversy over title

In your trespass to try title suit, quiet title suit, or suit for slander of title,

The only thing that you're seeking in your quiet title, a suit for trespass to try title or slander of title suit is a declaratory judgment.

I sent some quick sites to the UCC about tracking the chain of title on the note when they try to bring it in for a foreclosure or anything.

If there's a gap in there, you have a break in the chain of title.

The whole point of my dissertation was to show that there was a break in the chain of custody of title or interest in the title or interest in the property before it ever reached MERS.

But it shows World Savings, IndyMac, and all these others who were all closed by the FDIC or whoever showing this break in the chain of title merely because they weren't reported.

that's basically their motion is for the judge to give them issue certificate of title on the property.

Well, because they have set on Wednesday is this motion for the certificate of title on

So you go to a venue, go into a jurisdiction that does have the authority to adjudicate issues of title, and you file in that court.

In a draft for a standard of title, I have a fraud, fraud is listed as a federal crime.

of title.

or do anything with it based on the evidence that I have that the chain of title is not

have been guilty of some felony, violation of Title IX Chapter 42 Penal Code, breach

fraud. I've got a broken chain of title that I've been fighting and a civil conspiracy all along.

and looked at them very carefully to assess chain of title? Have you looked at the deed of trust and

Wait a minute. Talk to me about slander of title, Steve.

Steve, will you talk about slander of title?

Yeah, I'm going to... I've got all of the elements of slander of title. Let me get to

of title. And the way I read it, a slander of title really doesn't go to anything that's

to have to satisfy in a slander of title suit. One, publication or utterance. Two, a falsity.

Three, malice. And four, which on a slander of title, I'm going to say this one's going

publication or in an utterance, then you have slander of title.

Uninterrupted chain of title in the public record showing Fannie Mae as the holder of the

of title, trespass to try title, challenging a party's authority to claim that you're in

of title?

And in the case of title 18 the individual officer or employee or agent is liable not his principal

You cannot see an uninterrupted chain of title. If you can't see an uninterrupted chain of title, it's like an engineer connecting the dots.

Oh, the milestone report to establish that the chain of titles not interrupted.

The other thing is that under this subtitle of Title 21, the 621 is so important, because what happens is the minute they know that there's, like, within 90 days after you make a settlement, your mortgage is assigned and that's not recorded.

always tell, they could always establish a chain of title.

Okay, now back up to the Electronic Filing Act, the Federal Electronic Filing Act. Now doesn't it specifically exclude documents of title from being electronically filed?

go to find a chain of title. That's the public record, but we never find these entities.

of title invokes harm and damage were correct but doesn't correct you cannot ask for damages in

done or a chain of title done to determine if the instrument has been negotiated, sold,

to their clients. So, if you're needing a competent chain of title investigation or analysis,

Oh, yes, in a complete chain of title.

At first blush, 524A of Title XI is unproblematic.

It'll be almost impossible for them to prove up a chain of title.

That's enough. Now he's got a guy's got to come into court and prove up complete chain of title. Good luck on that.

with certificates of title. 502 deals with the actual registration. 501 for the certificate

of title specifically says it's only required by state-owned vehicles. Nobody else gets a

certificate of title. Therefore, registration applies only to who when you must have the

certificate of title in order to register. It applies to the state. Exactly. If only

state-owned vehicles are required to obtain and have a certificate of title, which is

how it's written right into 501, then the certificate of title is a requirement of

That flexibility of title to vehicles on certain toll roads and parking facility.

a color of law certificate of title.

And they send you the certificate of title.

They get a certificate of title called a warranty deed.

words if you have the chain of title with your assignment that you are acknowledging

Yeah, the only way you can do that is show that they violated some right under some pretense of Title 18, because that's really the only thing they can do.

to research a title, a chain of title, right?

I know what my chain of title, all the way back to my parents.

of title.

So I do have a chain of title back to my mom, who when she ended up getting another house,

of title, not later than three years after the day that the cause of action accrues.

here that color of title or title, peaceable possession, and then the adverse possession.

All right, well, I was wondering, I was doing the research on one of the plaintiffs' chain of title, her claim to it that she said,

They have multiple times. They keep doing these continuances for discovery for the chain of title. And if they just do that forever, can I just kind of leverage?

You've got this break in the chain of title that you cannot fix, because the dead guy

which stated the exact chain of title to the mortgage in the order in the opinion of judge

chain of title in there that shows that there's res judicata to the fact that the assignment of

then that has to presume that they are the bona fide full chain of title assignment holder the entire instrument.

that it was just your car, perfect chain of title issues, which is what we're fixing to

a complete chain of title, because Texas Government Code 51901C states that any document filed

That makes a requirement that there be a complete chain of title in the record.

Look for gaps in chain of title.

If you don't find gaps in chain of title, then you might want to go get a securities

standing issues are very, very well crafted issues of title, not of standing.

You need a complete uninterrupted chain of title from the original lender to this entity.

stay there because there's, we're talking about a chain of title analysis.

So since there's nothing in there to establish a chain of title, now you've got a lot of

that they found on the internet and they got what was called a chain of title investigation

and third slander of title. Trespass to try and quiet title.

You got it. Explain slander of title as opposed to simply quiet title.

invalid or unenforceable. Slander of title is a publication or quote utterance, a falsity done

in slander of title. Let me set this up. You got your house for sale. You've got no idea

or invalid assignment of a deed of trust that affects the chain of title of property as

challenge an assignment of the deed of trust in a chain of title of a rival claimant to the land

You've lost a specific sale that would cause for a slander of title.

chain of title.

I will buy this house if you, Chase Bank, can prove up a good chain of title.

yeah complete chain of titles that's in short that's what makes you a holder pretty much right

okay okay so what constitutes a complete chain of title in the current circumstance

So one question is, our no trespassing sign specifically says that it's a violation of Title 18, USC 18, 241, and 242.

Because of a fraudulent assignment and no proof of complete chain of title,

You can hold a complete and uninterrupted chain of title.

But if that's not filed in the record, you can use that chain of title for toilet paper.

Go in and say they don't have an uninterrupted claim of title filed in the record.

they never sent me a certificate of title.

a list of the chain of title from the judge.

He went down the list of the chain of title from all of the documentation that the lender's

was a whole handful of people in that lawsuit, and they got the whole chain of title written

So the title, the chain of title had already been decided, so they couldn't come into this

foreclosure saying this one thing is the chain of title, that just one simple assignment

Can I look in the record and see a complete chain of title from the original lien to you?

I have a federal judge that made out the exact chain of title as he saw it based on all of

You're saying you have chain of title as res judicata?

And are these guys included in that chain of title?

instrument, not the debt instrument. So since we appear to have a clean chain of title, I don't

on the condition that the bank prove up chain of title.

banks. We don't appear to have any chain of title issues as concerns the public record.

And from what you've told me so far, I don't see serious fraud. I don't see an unfixable break in the chain of title.

So, oh, I'm sorry, to JP Morgan Chase. So there's an unfixable break in the chain of title because JP Morgan's dead.

But I already had, if you recall, a court decision that listed the chain of title to the mortgage

the title, the chain of title, the one that gave me the declaratory judgment.

Okay, now, this is the judge that when we went in and filed arrest and fellow violations, he gave us the complete chain of title to our mortgage.

Oh, so this assignment is contrary to the specific ruling of the court on what the actual chain of title is, so that means this document is necessarily fraudulent.

or a quick claim action to get the document thrown out, and the chain of title is broken.

with the criminal aspect of Title 18 to get the whole thing vacated and start all over,

And the emergency petition basically stated that there was a break-in chain of title.

The break-in chain of title was granted, was granted true in my favor.

And he brought in bearer paper and the judge said it squashed the break-in chain of title

but maybe you have something relative to a slander of title or something that's relative that achieves the same result.

There are actually two types of title.

And does the claimant in this instance have a direct chain of title to himself in the public record?

Now there's only two forms of title there.

There are two forms of title, equitable title goes to the beneficiary, legal title goes to the trustee.

And we could there claim subject matter jurisdiction challenge, but because of the nature of that hearing, they tend not to hear issues of title.

and get a chain of title and get a chain of corporate transfers

for investigation of Title 18-333-3332 and color title,

They haven't kept a correct and complete chain of title, and when we file suit against them,

And in Texas, the deal here is supposedly that they have a replacement title that when you're moving it out of the jurisdiction of this state, then they send you back a different form of title.

chain of title in the record, you don't care who claims to hold what because every state I've looked

So you go in and file a very focused, very tightly focused quiet title action against that document and show that there is no chain of title between the original lender and this particular individual,

Well, if there is a complete chain of title reflected in the county recorder's office,

Okay, what all I'm interested in is the chain of title.

because we're showing that there is such a lapse in the chain of title, and we were looking to try to see if we could quiet title in that issue,

under Title 42 or any violation of the parameters of Title 42

Said, you know what, none of that Constitution stuff matters because under Section 7 of Title 18,

The court basically said, Seventh Circuit said that pursuant to Section 7 of Title 18,

It said right there at the top of the lawsuit that it was being filed under section such and such of Title 47 having to do with maritime law.

This document is a criminal statement of violations of Title 18 by state actors.

There was a breach of title

That they had no longer for their own great purposes had a legal chain of title

If you can't show by the public record, a complete chain of title in the public record,

If a purported assignment necessary to chain of title

as well as my interaction with the homeowner's insurance, showing that the chain of title

You look for a break in the chain of title. Now in Texas, we have as Texas, I like Texas law because we just about have everything in here.

So 30 days is up. We got the notice that the bank put in and the bank clearly is making invalid points by raising issues of title as not being a subject matter here.

Now I had a list that was adjudicated in federal court of the chain of title, I had a legal

So, Momo, certainly you're going to have that statute. So they're missing a point. You know, what I say is I look at the record and I want to see a clean chain of title.

I've got a couple of Title 42s going on

and followed the chain of title in the public record?

Do you even know what a certificate of title is?

I'm asking have you looked at the actual statutes to see what a certificate of title actually is?

Here in Texas, the certificate of title is a negotiable instrument.

A certificate of title can only invest the party in possession of that certificate with legal ownership.

All right, Radar, the difference here, the legal ownership that is transferred by a certificate of title

is the problem with a certificate of title.

or to transfer it to someone else by any means other than that certificate of title, okay?

So what the certificate of title is is exactly the same thing for a car

What was supposed to happen with the certificate of title was it was issued

the certificate of title was supposed to be traded back in for the actual deed to the vehicle,

Yeah, when you look up the certificate of title here in Texas statutes in the business code,

the business of commerce code, that's exactly what it will tell you the certificate of title is.

Doug, have you pulled all of the records from the county recorder's office and created a statement of facts based on those records to show how the chain of title doesn't fit together?

When I look in the public record, if I don't find a direct chain of title to this claimant, I don't care what you got.

Now, I have a complete chain of title in the public record.

I sent them notice asking to produce the note and perspective chain of title.

Well, I did go look in the public record of my county to try and find the chain of title, and there was not one.

of title. This is a whole lot easier for a judge to wrap his head around. This is not

Now, if you can look in the public record and see a broken chain of title, which it appears yours has a broken chain of title because the original lender never transferred the property to a third party while the original lender was in existence,

the Internal Revenue Code of 1986, a proceeding under Section 505 or 1146 of Title 11, that's

chain of title, then you can go after any entity that is not domiciled in the state

Did you raise the issue of chain of title?

You only care who has given notice in the public record by a uninterrupted chain of title.

To be able to have a clear chain of title is foundational to property rights.

I would want to go to under 28 USC 2201, go to the federal court and say, based on the clear chain of title in the public record.

So who and how is it that chain of title can be perfected?

So would I have to go to the definitions section at the front of Title 40

transfer of their loan and everything else wrongdoing, broken chain of title,

they cannot establish a complete chain of title.

Once we get past the standing issue, the problem with chain of title,

In fact, I did a chain of title for that trying to discover on who may own it,

I got lucky and found an explanation of Title 42, 1983 by some attorneys

But if you haven't properly maintained the chain of title,

Because of the title? Because of the chain of title?

All he has to do is look in the public record and see if he sees a complete chain of title.

If he doesn't see a complete chain of title, makes no difference.

Your question is, is there a complete chain of title to Aquin?

in order to prove up a complete chain of title and holder status for their alleged principal.

chain of title.

You hear a lot about breaking chain of title.

This is the only reason breaking chain of title is important, so you can file a declaratory

I believe it's 7701 of Title 26 makes you an individual,

chain of title.

enforce that contract because you don't have a clear chain of title.

So we don't care what you got, if you didn't file a complete chain of title in the public

public record so that there's a clear chain of title, they can't enforce that right.

Now what this article dealt with was that you get the certificate of title for the MSO.

state in any way, nor does getting the certificate of title.

But the certificate of title, unlike the MSO in relation to ownership or at least possession,

The certificate of title is a negotiable instrument just like a mortgage deed on a house.

And just like a mortgage deed, the purpose of the certificate of title is to signify

of title or the mortgage deed.

for a certificate of title, at least not as far as private ownership of the car goes.

a certificate of title for it.

Now, they're telling you the certificate of title is because you registered the car,

and they've given us a certificate of title?

The certificate of title never creates an equity owner.

or they would have to replace that certificate of title with something else.

And that's what we're allowing the state to do with that certificate of title.

So this misinformation about what the MSO is, what the certificate of title is, is going to get folks in trouble.

when, based on personal investigation, the officer has probable cause to believe that the person has committed an offense under the provisions of Title 55, Chapter 8 and 10.

I believe it's 7701 of Title 26 makes you an individual,

So instead of trying to prove the chain of title, you don't care about all that.

go down and follow the chain of title.

So I'm just following chain of title.

And it's a broken, it's definitely a broken chain of title with this property.

Discusses 535 of Title 28.

I litigated, I've filed numerous of Title 42 Section 93 lawsuits, got feedback from

Now notice that chapters 521 and 522 and 501 and 502 and 601, which are registration, certificate of title, driver's licenses, commercial driver's licenses and proof and financial responsibility

It has a motion or pleading heading on it, except instead of titled, the motion name is titled complaint.

This goes into what I was saying the other day and what the certificate of title to the

car actually is when it's issued by the Department of Public Safety. The certificate of title

do that simply by endorsing the back of the certificate of title.

in Pennsylvania and right now we are talking about the certificate of titles and stuff

instrument in the form of the certificate of title. And every time that car changes

hands, it's endorsed on that certificate of title.

The certificate of title, according to the Business and Commerce Code, is a representation

And they have authority to make arrests for any violation of Title 65-15, which is motor and carrier laws, or of any other traffic law of the state.

Therefore, I need a complete chain of title back to the original principal.

Is there a break in title there, in chain of title?

it's a quiet title action, saying that there is a breaking chain of title.

for a document that was filed behind the gap in chain of title.

If you don't have a clear and uninterrupted chain of title in the public record,

Show me an uninterrupted chain of title in the county record,

So now there's a problem with getting any kind of title insurance without her being

So there's two forms of title on the property, or two forms of claim on the property.

because we're going to ask them to prove chain of title and they can't do it.

And make sure that you cite violations of Title 18 as the basis for your criminal complaint.

a person comes to their door with a certified chain of title to property under a patent

by carrying the patent forward in their name as long as they show a clear chain of title

chains of title and chains of custody. So the question comes up, are they doing this

The land patent is the highest form of title to the land.

But in order for them to assist the individual in getting that done, the individual must do all the necessary research and documentation and bring to that office a certified chain of title from the original patent to date.

They have to find the original owner and contract with them to go on to that land for those purposes. And they are meticulous in how they go through the county records to research that information and come to who has a clear chain of title and ownership of that land.

Or I'm sorry, chain of title.

So it's one of the certified chain of title.

It's chain of title, not chain of patent.

Wherefore, respondent is contesting this matter and has filed a petition under the authority of Title 43, Part 10, Chapter 206 of Chapter D, Rule 206.63 Administrative Code and Chapter 2001 Administrative Procedures Act within the Texas Government Code to demand a legal determination

way to do that is to get a certified chain of title from the original patent to date.

Here in Texas, what you have to do is you have to show a clear chain of title, a certified chain of title actually, from the very first patent issuance to date.

The certified chain of title shows every error and a sign from the original patent forward.

Now, once you have been either an error or an assign to that property under that original patent and you've got that clear chain of title certified all the way back to the beginning,

that is supposed to be the only thing you're required to have is that certified chain of title, you take it to the land office.

Certified chain of title, take it to the land office.

They verify the certified chain of title, which it's self-verifying because it's all official records, and they must issue the new patent.

Understand that? And you cause that effect to be applicable when you apply for a license, or you register your car, or you get a certificate of title or ownership from the state for your car.

Chapter one, chapter two, chapter 14, chapter 15, chapter 23, chapter 21, chapter 16, chapter 45, and all of Title II dealing with collection.