Hour 1, Special Guest Dennis Gray discusses unincorporated associations.
Hour 2, hosts take calls.
Hour 3, Special Guest Don Terry, host of Agenda 21 Talk, agenda21talk.com, discusses private contracts in the form of a pure trust.
Hour 4, hosts take calls.
Related Posts
03-19-10 Rule Of Law
ROL_2010-03-19_128k_Hr1&2.mp3 ROL_2010-03-19_16k_Hr1&2.mp3 ROL_2010-03-19_128k_Hr3&4.mp3 ROL_2010-03...07-12-10 Rule Of Law
Hour 1: Discussion on the Recording Industry Association of America posting it's own intellectual pr...
Randy, in California, introduces [at 0hr06m30s] Dennis Gray (San Diego, CA) who was trying to open a bank account. He has set up unincorporated associations, which he uses in conjunction with incorporated associations named identically, for over twenty years. Possessions, such as cars, can be donated to an unincorporated association. He discusses the differences between associations and trusts. In California see the statutes under the Corporation Code (CCC), sections 18200 and 21300. Registration (with a statement) with the Secretary of State $995 (plus $25 every five years). Members of an association might include a president, treasurer, secretary, and other members.
Carlos (CA) requests [at 0hr48m] Dennis’ contact information, which is mlgnow@gmail.com, because he is trying to set up an appropriate vessel to hold his real estate property.
Eddie says [at 1hr06m] that he is working the briefs concerning his Traffic Seminar updates. He has been helping Randy with his mortgage business. Randy tells us that he is about to go back into the courtroom and expects to have to tell the bailiff to haul the judge off the bench for not having read his motions. Texas statutes allow for some Texas cities to elect municipal court judges; Austin is not one of them. There is no examination trial and no indictment in the criminal court cases.
Randy [at 1hr19m20s] talks about happenings with his RemediesInRealEstate clients. In one case, one of Randy’s clients raised an issue (lack of standing) that so angered the opposing attorney that he physically charged her outside the courtroom. In another case, the plaintiff’s attorney sued in the name of a non-existent corporation, rather than the proper LLC, and testified as such.
Mike (TX) explains [at 1hr26m] his possible ‘first blush’ issue in his traffic case. He is considering filing a petition for review (similar to an appellate brief). He needs assistance in doing so, as the procedures are unclear. Randy suggests that Mike get a copy of “O’Connor’s Civil Trials”.
Jeff (MD) asks [at 1hr34m] Randy if he has had the time to read the qui tam action in California that Jeff forwarded to him (which Randy has not). Jeff relates the Tennessee qui tam action about 6 months against MERS and half dozen banks (TN). This California lawsuit is also against MERS and half dozen banks (CA) under the California False Claims Act. The lawsuit claims that many of the records that were filed into the land records false on their face. Jeff reads from paragraph 15 (under “General Allegations”): “MERS is named in millions of recorded documents in the counties of the State. Defendants record, or caused to be recorded, deeds of trust/mortgages, which identified MERS as the beneficiary, which MERS is not . . .”. Randy suggests that this is the crimes of conversion and tampering with a government document (because they filed it). Eddie adds in aggravated perjury for swearing to its authenticity. Jeff has sent Randy copies of the briefs in the case.
Dan (CT) tells us [at 1hr40s] that his hypothetical scenarios are gaining mass. [See Dan’s hypothetical observations at ROL shows dated 20100730 (at 3hr29m) and 20100726 (at 0hr38m30s) and an eerily similar scenario in the 20100726 show (at 0hr38m30s).] It appears the Connecticut Secretary of State has been compiling a list of voters and their ethnicity, political leanings, and personal information. She then used that list to solicit donations to her campaign. The case has now been referred to a prosecutor.
Randy talks [at 1hr50m] about his goal of hiring attorneys on retainer in each State to go over the RemediesInRealEstate papers to make sure that they are legally sufficient in that State and then file lawsuits. He says for the lawsuits in which the defendants did not bother to answer (i.e., no answer default), which the courts don’t see much, and in which the plaintiff has the defendants over a barrel, the plaintiff does NOT want to go back into courtroom as a pro se.
Dan talks [at 2hr05m20s] about the disappointing new TV ads by Peter Schiff and WWF’s candidate Vince McMahon.
Agenda 21 host Don Terry joins our hosts [at 2hr09m30s] to talk about Pure Trusts. Deborah says that she cannot find any statutes in the Texas Property Code requiring that a trust be registered with the Texas Secretary of State, or even a county recorder. Don says one can simply create a private contract, rather than using the State’s statutes. Randy asks, and Don confirms, that trust is a contractual relationship. Deborah can find no forms for trusts. Randy understands that trusts are very different from corporations, which are specifically structured. A discussion ensues about the ancient history of trusts. Deborah conjectures that one could write a private trust so that it fulfills all of the requirements of a statutory trust so that the government could not then argue about the private trust’s illegal nature. Don recommends a book called something like “Loring’s on Trusts” on GoogleBooks.
Carl (TX) asks [at 2hr42m40s] about patenting a trust to keep people from messing with it (per “Cracking the Code”). Don says the difference is that the trust should never be named in all upper case characters. Don recalls the IRS in the 1990s wanting Congress to authorize the hiring of more agents so that the IRS could go after trusts, but Congress never came close to allowing that to happen (perhaps because of the wealthy people who use trusts). Carl describes the purpose of trusts is to “absorb liabilities”. Don is uneasy with this definition.
Carlos calls back in [at 2hr54m] to say that he only uses trusts for his business purposes. His trustees are always limited liability companies (LLCs). He doesn’t record the trusts. His property is conveyed into land trust; there is no possibility of the property going into probate this way. Don clarifies that one does not “own” trusts. [NOTE: Boston T. Party’s “Bulletproof Privacy” and, even better, J.J. Luna’s “How to Be Invisible” discuss this subject in very understandable and practical ways.] Carlos advocates for the writings of Christian Walter on the issue of trusts. Don admits that his head spins from reading Walter, whose writings he finds very complex. Deborah notes that liens obstruct one when trying to convey property and Carlos admits that one must convey before any liens are placed on the property. Carlos discusses land trusts (which he encourages everyone to use) versus express trusts.
Randy plugs [at 3hr 20m] his upcoming RemediesInRealEstate seminar on Saturday, August 14th in Austin. Attendance is free.
Anthony (TX), 17 years old, describes [at 3hr23m20m] a incident in his closed garage, the door of which was suddenly opened by a policeman while two other cops held drawn guns on himself and his friend. Marijuana was found in the garage and they were arrested, fingerprinted, and held in an adult jail overnight. We are being charged in an adult court. “What motions should I file?” he asks.
Eddie: What did the cops say was their probable cause? Anthony: None.
Randy: Breaking and entering. False imprisonment. Aggravated assault. Encourages Anthony to get copies of the complaints filed against him.
Eddie: Were you provided legal counsel? Anthony: No. We were not read our Miranda rights until later in jail where the public was not allowed to attend.
Deborah: You had a “magistration hearing” instead of an examination trial.
Anthony: My arraignment hearing is on August 20th.
Deborah: You need to get copies of everything in your file. And write a narrative of everything that happened.
Jason (TX) returns [at 3hr35m] to ROL to update us on his arrest for possessing a firearm. (See ROL shows dated 20100726 [at 0hr56m] and 20100709 [at 3h33m] for more on Jason’s story.) Jason has been doing things correctly. He is staying up late at night reading the Texas Penal Code and Criminal Code. He has discovered six causes of action that he believes he can make stick on the arresting police officers and asks which to file. Randy says “All of them.” Eddie and Randy then discuss their different goals in seeking indictments against public officials. (Randy wants them to change their behavior whereas Eddie wants them to be given new living quarters.) Jason wants to go after them. He has been scheduled for his pre-trial hearing for the sixth time in 12 months. Eddie wonders about the speedy trial defense. Jason’s attorney is a friend of a friend and he doesn’t know how to control him because he doesn’t want to file bar grievances against him. Eddie and Randy says that Jason’s liberty is on the line and that he has to use the bar grievance threat. Jason agrees. He then asks if the pre-trial hearing is the appropriate place to get court order on existing motions. Randy says that that is the purpose a pre-trial hearing.
Mark (WI) calls back [at 3hr50m30s] to celebrate his third-party debt collector win, with special thanks to Michael Mirras’ program. Randy mentions that he is trying to schedule a RemediesInRealEstate seminar somewhere in Wisconsin for September 25.
Carlos (CA) calls in once more [at 3hr52m50s] about an incident where a notary connected with the opposing party in his foreclosure case notarized some documents for the court. He wonders about the legitimacy of this. It is suggested that he request (as required by law) to review the notary’s journal. Eddie suggests sending someone else to view the journal, without revealing what it is that s/he is looking for. Randy says it is a Class A misdemeanor to ask about that.
HOUR 1
Guest Dennis Gray in San Diego, California discusses unincorporated associations and his experiences over twenty years. http://www.corp.ca.gov/
Randy says Dennis is setting up an unincorporated association for Randy’s real estate venture.
With trusts, Dennis could not easily open bank accounts. He sets up a pair, both having same name: unincorporated association and nonprofit association. He has seventeen set up. When he gets a car (for example), he puts it in the nonprofit. Gets tax ID for unincorporated association by having secretary person allow use of his SSN, to then get tax ID for unincorporated association. Then fire the secretary and hire a new secretary. Dennis manages association as treasurer. The association is not “owned” by Dennis. Board of Directors is appointed, typically having president & secretary & treasurer. Can have as many members as desired. Only treasurer manages bank account, with sometimes secretary also allowed to sign checks jointly with treasurer.
[ Jon from Colorado sees difference with trust structure is existence of the tax ID in what Dennis is describing. Why couldn’t something similar be done within a trust? Or, why not have a LLC (with a tax ID) own a trust that holds the assets (like a car)? ]
Randy asks how unincorporated association protects from creditors better than a trust. Dennis gave example of trust assets seized because trust’s trustee had a judgment from IRS.
Go into California Secretary of State in person, with a unique name that doesn’t tie Dennis to association, and wait three months for paperwork processing. Process can be sped up to a couple weeks by using a company in Sacramento. Typical cost $995. Every five years they pay $25 to state. When Dennis sets this up for someone, he takes care of getting the tax ID. Dennis says to have a will to provide direction.
Deborah says a trust can get a tax ID. Dennis says banks won’t open account for a pure trust, even with a tax ID. Bank will want to see by-laws to know who can sign checks. Get non-interest-bearing bank account. Keep transactions under limit for suspicious reporting.
A difference between incorporated and unincorporated are the higher yearly costs (in California) every year.
Eddie says bank wants to know signor’s tax ID. Dennis says this is only to check if the people often write bad checks. Dennis agrees signers need to provide tax ID.
Dennis says in twenty years he has never filed taxes on the associations.
Required filings: statement & registration with secretary of state. Every five years send state $25.
Can establish in other states if they have agent for service of process.
Eddie asks Randy how it will have access to courts and do business. Dennis says use a DBA (Doing Business As).
Stamps non-redeemable on Federal Reserve Notes before depositing. This makes them not income when deposited in bank account.
Randy asks: what advantages to adding members to the association? Dennis says he could put all conference attendees in the association and give them access to new material. No tax benefit to the members.
Phone caller Carlos asks for more information. Dennis provides contact info mlgnow at gmail . com.
Carlos is selling home. Dennis suggests “123 LLC” (which is real). Set up “123 LLC” association and “123 LLC” nonprofit. When selling house, deposit check in association bank account.
HOUR 2
66:00
Eddie provides update on traffic seminar materials. New motions. Working on briefs to be used in case of trial on the merits.
Randy is going to court on Tuesday, and says the new motions will likely not be read by judge. Then Randy will ask judge to step down or bailiff to take judge off bench.
Randy says municipal judges must be elected, though they don’t remember ever voting on these judges. Reference to government code under municipal courts of record.
Randy expects to be found guilty and will sue them in district court, instead of posting bond of double $ to appeal. Eddie says requirement of posting double bond for class C violation in unconstitutional.
79:15
Randy provides update on mortgage fraud.
[ Jon from Colorado: http://en.wikipedia.org/wiki/Unlawful_detainer ]
Good decisions in California about standing. Recently attended hearing on unlawful detainer and how other attorney became upset when the information was presented to judge. Nearly physical confrontation outside court room with opposing attorney. Will bar grieve that attorney.
A couple cases where they could not bring in wet ink signature document. Also several “no answer defaults”.
85:55
Mike in Texas.
Traffic case. Going to court of criminal appeals. Will file “petition for review”, similar to appellate brief. Copied brief filed previously be someone else.
Randy suggests getting O’Connor’s Civil Trials, even an older copy. Will show how to file motions and defend motions.
93:50
Jeff in Maryland.
Randy has not read qui tam action in California.
Qui tam in Tennessee against MERS and banks on behalf of all counties.
Similar action being done in California under false claim act over past ten years. Saying documents are false – beyond just saying they are avoiding the fee.
Filing documents with court is tampering with government document, a felony. Filing false documents and taking property based on that is conversion and aggravated perjury. This furthers ongoing criminal conspiracy. Even if properties have been seized and sold, they can potentially be taken back.
Jeff had Temporary Restraining Order thrown out because magistrate said there was not a statement of irreparable harm.
99:42
Dan in Connecticut.
Good news that hypothetical (discussed on previous show) will soon become reality.
Connecticut Attorney General did report on similar matter. Secretary of State was compiling voter list with demographics and personal information. The list was FOIA’d then used to solicit donations. AG referred this to a prosecutor.
Dan is running a campaign for office. Concerned about retaliation. Says campaign laws are typically violated and he will document this pattern of behavior.
Randy is looking to put attorneys on retainer in each state to check documents before filing with court. Considering training program for attorneys.
“No answer defaults” are so rare that few no how to deal with it. At that point make sure it is done right and do not go pro se. Also, if property has already been sold do not go pro se, use an attorney to make sure it is done right.
Looking to do forensic audits of financial instrument – everywhere it has been transferred.
Looking for way to go after lender, even after house has been sold. Fraud never goes away.
HOUR 3 & 4
5:00
Dan in Connecticut.
Warns about current political climate being negative. Suggests Republicans vote for Peter Schiff.
9:00
Don Terry from Agenda 21 Talk. Don knows about pure trusts. http://www.agenda21talk.com/
Deborah asks difference between private contract pure trust and statutory trust in Texas. No requirement to make private contract pure trust known to state. Can this also be considered statutory trust and not a private contract? Don responds, “What does “declare” mean”?
Deborah reads from Texas Title 9, chapter 112, sub chapter 8: methods of creating trust. “Declaration” is not defined. No filing requirement and not standard form.
[ Jon from Colorado found this link: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.112.htm ]
Randy says corporations have specific structure, and trusts don’t have a specific structure. Trust is a private contract between individuals.
Don does not refer to himself as a “trustee of a trust”. Constitution provides for unlimited right to contract. He describes a trust as, “Private contract in form of pure trust.”
Deborah says following words are restricted when registering names with state: bank, trust.
Don says sitting President can not accept gifts from foreign entities. Older Bush got around this by putting gifts from Saudis into a trust.
Trusts have been used for hundreds of years. Typically trusts have been used to hold something that could have a liability to protect the person controlling it from having personal liability.
Deborah asks Don about California case with private contract trust that court wanted to see. Person had oath of secrecy and privacy, along with trust papers in a locked box. Judge did not order person to open box.
Don describes personal story about child support and child custody. Don said he has oath of secrecy. Judge ordered Don to violate his oath, and asked for time. Judge never brought it up again. Court still does not know even name of trust.
Don mentions Loring’s trustee book available online:
http://books.google.com/books?id=QF4ZAAAAYAAJ&pg=PA48&dq=loring+on+trusts&hl=en&ei=_Ih6TOvvCMH9nAfr6pydCw&sa=X&oi=book_result&ct=result&resnum=6&ved=0CFAQ6AEwBQ#v=onepage&q=loring%20on%20trusts&f=false
http://www.amazon.com/Loring-Trustees-Charles-Rounds-Jr/dp/0735560900/ref=sr_1_1/189-4451331-3186021?ie=UTF8&s=books&qid=1283098799&sr=8-1
42:33
Carl from Texas.
Question to Don why not patent (trademark) a trust name, similar to what is done in Book Cracking The Code? Don says that would mean making trust name in uppercase, which they don’t do.
45:44
Don mentions Wall Street Journal article about vote in Congress to authorize IRS to go after sham trusts. Vote overwhelmingly defeated it.
46:37
Carl from Texas.
Continues discussion of uppercase name.
Don says to not say, “The purpose of a trust is to shield liability.” Instead say the purpose is something beneficial, for example, beneficial to a family.
Deborah agrees and says if trust is sued and loses, the assets in trust will be taken. If asset protection is desired, also use LLC.
Deborah describes plane crash with JFK Jr. Says Caroline’s family sued Kennedy family for negligence over death. Plane was in trust by itself with a pet cat, and they only got the cat (plane was crashed).
Randy cautions that transferring asset after claim is evident will not be upheld. Randy says a trust for liability purposes would rent or lease vehicles from another trust that holds those assets.
53:53
Carlos in California.
Says he who claims trust must prove trust. Trust does not necessarily need EIN or TIN. Carlos puts his properties in a land trust. Carlos does not record trust documents. Uses this to shield payments during sale. Says judge can compel trustee to declare trust assets, so use a difficult to find trustee. Do not keep property in personal name “worst thing to do”.
Don says to be careful with words, as Don does not “own” or “have” a trust. Don is just a trustee. Says property can be bought in name of trust so it doesn’t need to be conveyed into the trust.
Don Terry says when you want to sell assets in the trust, simply transfer the trust to the other person. There will be no filings to show who now owns the asset.
Carlos mentions Christian Walters. Don says Christian’s trust presentation seems confusing.
Deborah says transferring a property with a lien into a trust does not remove the lien. Carlos agrees and says do everything early, instead of waiting for a lien or other action against the property.
Carlos said trusts don’t even have to be in writing.
Deborah asks what an express trust is. Don says it acts like a trust without being written down relying on the actions (expressions) of people.
Carlos says trusts need three elements:
1) grantor
2) trustee
3) beneficiary
Carlos says everyone should have their property in a land trust, with a beneficiary (in case you die).
Don says put anything of value into trusts. Don says anything you can do, an agent can do for you. This will keep your name completely off it.
79:50
Randy describes seminar in Austin on how to stop foreclosures. No cost. Saturday 14th, 1PM.
When foreclosure process gets to court house steps, it is more difficult to stop them. Lender can be sued anytime, but the earlier you start the more likely the judge will grant an injunction.
If in modification negotiation with bank, be careful because they can foreclose and sell without an additional notice.
83:45
Anthony in Texas.
Was with friend in garage. Police arrive and find marijuana. Arrests and adult jail. Minor charged as adult. Does not yet have an attorney.
Caller asks what motions to file since police did not have a warrant? Probable cause was happenstance while responding to another call.
Randy says without warrant, police could have done breaking and entering. Claim aggravated assault (police did not see crime).
Get your file from court house, including complaints.
Caller has been to magistration (held inside jail, not allowing public to attend). Determine if public can view magistration hearing.
Not had arraignment, which is scheduled for 20th.
Write detailed narrative of what happened during time of arrest.
94:50
Jason in Texas.
Previous caller about traffic stop in front of his house in August 2009. Arrested for unlawful carry of weapon.
How to file six criminal charges against police? Should all six be filed?
Randy answers yes, file all six though you will not get an indictment.
Caller asks about timing of criminal charges and says he has not yet moved to dismiss.
Eddie says to file now. Possibility of issues with delay of trial (speedy trial).
Caller says his lawyer filed motion to suppress but did not set it for a hearing.
Eddie says normally the judge can not proceed until all pending issues are addressed.
Randy says pre-trial hearing is to hear motions.
Eddie recommends cases with possible jail time use assistance of counsel.
Eddie’s email is eddie at rule of law radio . com
106:00
Deborah discusses how to indict public servants, while understanding it is unlikely to happen.
The intention is to clean up the system.
110:22
Mark in Wisconsin.
Updates case on bill collector. Was offered $1200 buy collectors to make him go away. He countered with $1200 plus court costs.
Says Mike Mirras course is working for him.
Randy is setting up foreclosure conference in Wisconsin September 25.
112:40
Carlos in California.
Asks about notary working for a company. Randy says it is OK for notary to work for company they notarize for. Can request notary’s journal. Have a 3rd party request it. They may not be allowed to ask why you want to see it.
Randy says to request verification from secretary of state that notary is a valid notary. Generally used when sending notarized documents out of the country.
HOUR 1
Guest Dennis Gray in San Diego, California discusses unincorporated associations and his experiences over twenty years. http://www.corp.ca.gov/
Randy says Dennis is setting up an unincorporated association for Randy’s real estate venture.
With trusts, Dennis could not easily open bank accounts. He sets up a pair, both having same name: unincorporated association and nonprofit association. He has seventeen set up. When he gets a car (for example), he puts it in the nonprofit. Gets tax ID for unincorporated association by having secretary person allow use of his SSN, to then get tax ID for unincorporated association. Then fire the secretary and hire a new secretary. Dennis manages association as treasurer. The association is not “owned” by Dennis. Board of Directors is appointed, typically having president & secretary & treasurer. Can have as many members as desired. Only treasurer manages bank account, with sometimes secretary also allowed to sign checks jointly with treasurer.
[ Jon from Colorado sees difference with trust structure is existence of the tax ID in what Dennis is describing. Why couldn’t something similar be done within a trust? Or, why not have a LLC (with a tax ID) own a trust that holds the assets (like a car)? ]
Randy asks how unincorporated association protects from creditors better than a trust. Dennis gave example of trust assets seized because trust’s trustee had a judgment from IRS.
Go into California Secretary of State in person, with a unique name that doesn’t tie Dennis to association, and wait three months for paperwork processing. Process can be sped up to a couple weeks by using a company in Sacramento. Typical cost $995. Every five years they pay $25 to state. When Dennis sets this up for someone, he takes care of getting the tax ID. Dennis says to have a will to provide direction.
Deborah says a trust can get a tax ID. Dennis says banks won’t open account for a pure trust, even with a tax ID. Bank will want to see by-laws to know who can sign checks. Get non-interest-bearing bank account. Keep transactions under limit for suspicious reporting.
A difference between incorporated and unincorporated are the higher yearly costs (in California) every year.
Eddie says bank wants to know signor’s tax ID. Dennis says this is only to check if the people often write bad checks. Dennis agrees signers need to provide tax ID.
Dennis says in twenty years he has never filed taxes on the associations.
Required filings: statement & registration with secretary of state. Every five years send state $25.
Can establish in other states if they have agent for service of process.
Eddie asks Randy how it will have access to courts and do business. Dennis says use a DBA (Doing Business As).
Stamps non-redeemable on Federal Reserve Notes before depositing. This makes them not income when deposited in bank account.
Randy asks: what advantages to adding members to the association? Dennis says he could put all conference attendees in the association and give them access to new material. No tax benefit to the members.
Phone caller Carlos asks for more information. Dennis provides contact info mlgnow at gmail . com.
Carlos is selling home. Dennis suggests “123 LLC” (which is real). Set up “123 LLC” association and “123 LLC” nonprofit. When selling house, deposit check in association bank account.
HOUR 2
66:00
Eddie provides update on traffic seminar materials. New motions. Working on briefs to be used in case of trial on the merits.
Randy is going to court on Tuesday, and says the new motions will likely not be read by judge. Then Randy will ask judge to step down or bailiff to take judge off bench.
Randy says municipal judges must be elected, though they don’t remember ever voting on these judges. Reference to government code under municipal courts of record.
Randy expects to be found guilty and will sue them in district court, instead of posting bond of double $ to appeal. Eddie says requirement of posting double bond for class C violation in unconstitutional.
79:15
Randy provides update on mortgage fraud.
[ Jon from Colorado: http://en.wikipedia.org/wiki/Unlawful_detainer ]
Good decisions in California about standing. Recently attended hearing on unlawful detainer and how other attorney became upset when the information was presented to judge. Nearly physical confrontation outside court room with opposing attorney. Will bar grieve that attorney.
A couple cases where they could not bring in wet ink signature document. Also several “no answer defaults”.
85:55
Mike in Texas.
Traffic case. Going to court of criminal appeals. Will file “petition for review”, similar to appellate brief. Copied brief filed previously be someone else.
Randy suggests getting O’Connor’s Civil Trials, even an older copy. Will show how to file motions and defend motions.
93:50
Jeff in Maryland.
Randy has not read qui tam action in California.
Qui tam in Tennessee against MERS and banks on behalf of all counties.
Similar action being done in California under false claim act over past ten years. Saying documents are false – beyond just saying they are avoiding the fee.
Filing documents with court is tampering with government document, a felony. Filing false documents and taking property based on that is conversion and aggravated perjury. This furthers ongoing criminal conspiracy. Even if properties have been seized and sold, they can potentially be taken back.
Jeff had Temporary Restraining Order thrown out because magistrate said there was not a statement of irreparable harm.
99:42
Dan in Connecticut.
Good news that hypothetical (discussed on previous show) will soon become reality.
Connecticut Attorney General did report on similar matter. Secretary of State was compiling voter list with demographics and personal information. The list was FOIA’d then used to solicit donations. AG referred this to a prosecutor.
Dan is running a campaign for office. Concerned about retaliation. Says campaign laws are typically violated and he will document this pattern of behavior.
Randy is looking to put attorneys on retainer in each state to check documents before filing with court. Considering training program for attorneys.
“No answer defaults” are so rare that few no how to deal with it. At that point make sure it is done right and do not go pro se. Also, if property has already been sold do not go pro se, use an attorney to make sure it is done right.
Looking to do forensic audits of financial instrument – everywhere it has been transferred.
Looking for way to go after lender, even after house has been sold. Fraud never goes away.
HOUR 3 & 4
5:00
Dan in Connecticut.
Warns about current political climate being negative. Suggests Republicans vote for Peter Schiff.
9:00
Don Terry from Agenda 21 Talk. Don knows about pure trusts. http://www.agenda21talk.com/
Deborah asks difference between private contract pure trust and statutory trust in Texas. No requirement to make private contract pure trust known to state. Can this also be considered statutory trust and not a private contract? Don responds, “What does “declare” mean”?
Deborah reads from Texas Title 9, chapter 112, sub chapter 8: methods of creating trust. “Declaration” is not defined. No filing requirement and not standard form.
[ Jon from Colorado found this link: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.112.htm ]
Randy says corporations have specific structure, and trusts don’t have a specific structure. Trust is a private contract between individuals.
Don does not refer to himself as a “trustee of a trust”. Constitution provides for unlimited right to contract. He describes a trust as, “Private contract in form of pure trust.”
Deborah says following words are restricted when registering names with state: bank, trust.
Don says sitting President can not accept gifts from foreign entities. Older Bush got around this by putting gifts from Saudis into a trust.
Trusts have been used for hundreds of years. Typically trusts have been used to hold something that could have a liability to protect the person controlling it from having personal liability.
Deborah asks Don about California case with private contract trust that court wanted to see. Person had oath of secrecy and privacy, along with trust papers in a locked box. Judge did not order person to open box.
Don describes personal story about child support and child custody. Don said he has oath of secrecy. Judge ordered Don to violate his oath, and asked for time. Judge never brought it up again. Court still does not know even name of trust.
Don mentions Loring’s trustee book available online:
http://books.google.com/books?id=QF4ZAAAAYAAJ&pg=PA48&dq=loring+on+trusts&hl=en&ei=_Ih6TOvvCMH9nAfr6pydCw&sa=X&oi=book_result&ct=result&resnum=6&ved=0CFAQ6AEwBQ#v=onepage&q=loring%20on%20trusts&f=false
http://www.amazon.com/Loring-Trustees-Charles-Rounds-Jr/dp/0735560900/ref=sr_1_1/189-4451331-3186021?ie=UTF8&s=books&qid=1283098799&sr=8-1
42:33
Carl from Texas.
Question to Don why not patent (trademark) a trust name, similar to what is done in Book Cracking The Code? Don says that would mean making trust name in uppercase, which they don’t do.
45:44
Don mentions Wall Street Journal article about vote in Congress to authorize IRS to go after sham trusts. Vote overwhelmingly defeated it.
46:37
Carl from Texas.
Continues discussion of uppercase name.
Don says to not say, “The purpose of a trust is to shield liability.” Instead say the purpose is something beneficial, for example, beneficial to a family.
Deborah agrees and says if trust is sued and loses, the assets in trust will be taken. If asset protection is desired, also use LLC.
Deborah describes plane crash with JFK Jr. Says Caroline’s family sued Kennedy family for negligence over death. Plane was in trust by itself with a pet cat, and they only got the cat (plane was crashed).
Randy cautions that transferring asset after claim is evident will not be upheld. Randy says a trust for liability purposes would rent or lease vehicles from another trust that holds those assets.
53:53
Carlos in California.
Says he who claims trust must prove trust. Trust does not necessarily need EIN or TIN. Carlos puts his properties in a land trust. Carlos does not record trust documents. Uses this to shield payments during sale. Says judge can compel trustee to declare trust assets, so use a difficult to find trustee. Do not keep property in personal name “worst thing to do”.
Don says to be careful with words, as Don does not “own” or “have” a trust. Don is just a trustee. Says property can be bought in name of trust so it doesn’t need to be conveyed into the trust.
Don Terry says when you want to sell assets in the trust, simply transfer the trust to the other person. There will be no filings to show who now owns the asset.
Carlos mentions Christian Walters. Don says Christian’s trust presentation seems confusing.
Deborah says transferring a property with a lien into a trust does not remove the lien. Carlos agrees and says do everything early, instead of waiting for a lien or other action against the property.
Carlos said trusts don’t even have to be in writing.
Deborah asks what an express trust is. Don says it acts like a trust without being written down relying on the actions (expressions) of people.
Carlos says trusts need three elements:
1) grantor
2) trustee
3) beneficiary
Carlos says everyone should have their property in a land trust, with a beneficiary (in case you die).
Don says put anything of value into trusts. Don says anything you can do, an agent can do for you. This will keep your name completely off it.
79:50
Randy describes seminar in Austin on how to stop foreclosures. No cost. Saturday 14th, 1PM.
When foreclosure process gets to court house steps, it is more difficult to stop them. Lender can be sued anytime, but the earlier you start the more likely the judge will grant an injunction.
If in modification negotiation with bank, be careful because they can foreclose and sell without an additional notice.
83:45
Anthony in Texas.
Was with friend in garage. Police arrive and find marijuana. Arrests and adult jail. Minor charged as adult. Does not yet have an attorney.
Caller asks what motions to file since police did not have a warrant? Probable cause was happenstance while responding to another call.
Randy says without warrant, police could have done breaking and entering. Claim aggravated assault (police did not see crime).
Get your file from court house, including complaints.
Caller has been to magistration (held inside jail, not allowing public to attend). Determine if public can view magistration hearing.
Not had arraignment, which is scheduled for 20th.
Write detailed narrative of what happened during time of arrest.
94:50
Jason in Texas.
Previous caller about traffic stop in front of his house in August 2009. Arrested for unlawful carry of weapon.
How to file six criminal charges against police? Should all six be filed?
Randy answers yes, file all six though you will not get an indictment.
Caller asks about timing of criminal charges and says he has not yet moved to dismiss.
Eddie says to file now. Possibility of issues with delay of trial (speedy trial).
Caller says his lawyer filed motion to suppress but did not set it for a hearing.
Eddie says normally the judge can not proceed until all pending issues are addressed.
Randy says pre-trial hearing is to hear motions.
Eddie recommends cases with possible jail time use assistance of counsel.
Eddie’s email is eddie at rule of law radio . com
106:00
Deborah discusses how to indict public servants, while understanding it is unlikely to happen.
The intention is to clean up the system.
110:22
Mark in Wisconsin.
Updates case on bill collector. Was offered $1200 buy collectors to make him go away. He countered with $1200 plus court costs.
Says Mike Mirras course is working for him.
Randy is setting up foreclosure conference in Wisconsin September 25.
112:40
Carlos in California.
Asks about notary working for a company. Randy says it is OK for notary to work for company they notarize for. Can request notary’s journal. Have a 3rd party request it. They may not be allowed to ask why you want to see it.
Randy says to request verification from secretary of state that notary is a valid notary. Generally used when sending notarized documents out of the country.