0:01
All right, well, thanks for joining again.
0:03
It's Thursday Evenings, John Jay seven o'clock, June 15th and we are going to continue the discussion on the easements.
0:11
And I can answer questions related to that.
0:14
We can do other types of questions if you have some other thing going on.
0:19
And also, I would like to show you if you want me to how I get the recorder's office through your account.
0:25
If you want to just throw me a county name and a state, I can just walk you through now, open up another window here. I'll do a screen share, we can do that.
0:32
But, um, I want to mentioned, we have this, you know, accounting service, it's, um, cryptic accounting dot com.
0:38
Perfect. Accounting us.
0:39
What I decided to call it, but basically we found some CPAs that do accounting and they don't harass our clients about kryptos.
0:47
And they will never be able to if they wanted to be a witness against you as an auditor or court or anything like that.
0:55
Not that it matters to broadly, but if you'd like some privacy. That's what really I'm all about.
1:00
And so this organization we sell for though the accounting firm, Right? Perfect. Accounting dot com.
1:08
And then when I do a video and if I cover some good things, sometimes I don't want to edit things. I like everyone to see everything we talked about so sometimes I can't slip it on a YouTube without getting tunnel.
1:18
So, it's going to be, you know, private or it's just going to go into the members area.
1:22
So, it has decent content, It's going in the members area at privacy by dot IO, but I think I just put up like five videos and I got some other videos on the post an actual agreement that is not part of that is going to be part of a separate a subscription.
1:36
But anyways, so today we can talk about this security agreement.
1:42
The easements. Certainly we can talk about the ...
1:44
Covenant but I wanted to give you guys a kind of a funny story like I did last week.
1:50
I thought that was funny. I just wanted to talk about this. Because, I don't know that anything. So unique happens anymore.
1:55
But when I was, when I worked in the nineties, my partner, he was like saying, OK, John, Every time we got a new client, you'd say, OK, here's the situation, and go out there and do it. And I would have to like, figure out what the cases, and then, of course, what, I was back me up. And this one, this one lady, gives a client, and she she was so well organized and an older lady.
2:15
Gray hair, she was so, everything was so perfect. Like, she's like, goodness, perfect.
2:20
Everything was in orders. I just loved it, because I could just depend on her for everything, right? I just have to show up and know what to do.
2:26
Well, what I did for her is I actually appeared with her in this administrative hearing.
2:32
Back then we do crazy stuff like that, because you know they weren't chase's. Now in this case is a little bit different.
2:37
But so what happened was she worked at Wells Fargo.
2:43
and she, in the office, she slipped on her chair. The wheels, yeah. And she hurt herself. She heard her hips. And she had medical care of this sort of thing and Wells was liable for that. And she was under workman's comp and that sort of thing. They had a doctor says, yeah. She's like, she's the eligible for that.
2:59
So for about a year, Wells was paying and then one one-year about it. Within about 10 or 12 months, wells decided to not pay.
3:08
No reason, No hearing, no permission does not pay. So that's what I got it.
3:12
So my first thought was, well, there's a court order requiring payment under these conditions, and it's administrative order.
3:19
There's an appellate review in the court.
3:23
So we weren't there. We were not in the court.
3:25
We were with the department of whatever labor or Workman's compensation or something like that and she already, once she did that all work herself, she just didn't know what to do when they just refused to pay in violation of the order. Well, I don't want to do so.
3:39
We, we drafted a well I wrote up a motion uh, or contempt.
3:45
I said, let's make the attorney the subject of contempt Order. They hate that because now you got to board members have one guy has to do the right thing and the other guys like, oh **** you know I made this guy had to do the right thing. So I made this so I wasn't trying to put them in jail.
3:59
I just, I just thought, hey, let's put some fire there but you get the judges attention and their attention.
4:05
So motion for content in the actual individual attorney, who was involved for wells. And of course, all the fireworks happen. So I went with her to the hearing. Now, that was my first time going with ... case, and I told her what to say that I did not speak for her.
4:19
Wasn't even necessary. She was so well spoken.
4:22
And I just tour a couple of things and she did a fantastic job of that.
4:25
And there was a need to continue to hear. That was but the second time was a couple of weeks later. So this is going to wrap it up. She was going to get her money re-instated and back pay all this.
4:37
I told her.
4:37
I said, I think that now that they know that I'm working with you and they can tell that you didn't write those documents are suspecting that somebody helped you, I said they're probably going to try to mess with me.
4:49
Now, the previous hearing, I just sat right next to her. I never said a word. I was very quiet. If I spoke to her, it was like this.
4:56
You know, I'm always like that. If I go with a client somewhere, I don't do that these days, don't ask.
5:01
I, you know, I had my time.
5:03
But anyway, so, sure enough, the first thing that administrative hearing officer did was look right at me. Now, before, he didn't even look at me, like, I wasn't even there that's supposed to be doing.
5:13
This time, he looked right at me, and he says, sir, who are you?
5:17
And I didn't respond. I liked it.
5:19
Gloria and I said, Gloria, it's like I said.
5:23
I'm going to have to leave.
5:25
I will see you later, and you can tell she's like a little panicky. Like I said, Just trust me, I have to go.
5:30
What was happening is they were going to arrest me.
5:34
I didn't tell her that because, you know, it's shocking.
5:37
So he read the hearing officer reaches under the podium, and he hits his panic while you know, like the bank. They have this thing called 911.
5:46
So that's the signal to bring the bailiffs, say, well, look, the bailiffs came running down.
5:50
So, anyways, I'm, yeah, only take them my papers and I walk. I walk out.
5:56
And now, there's a long hallway from the courtroom to the exit door. And when you go out the door, there was another long hallway. It just turned out that day. There was hardly anybody there. I was. The only person in.
6:06
The hallways totally empty.
6:08
And right next to the door, entranceway to the long hallway to the court, There was a water fountain.
6:13
So, instead of writing, that's your natural reaction, because, you know, the cops are coming, you know, you're down, there are going to just, you know, and I didn't do anything. He was accusing you of disrupting the proceeding.
6:25
I never said a word, and it was NaN before ours out the door, you know, so, I just took my jacket off and I bent down, and I got water. The water fountain, and I did that to just, you know, act like anybody else, who was happy to be there. and I was just holding like the button like this.
6:42
He comes running out, the judge comes running out.
6:45
The bailiffs come running to share has come running out, though, like, he went that way, he was standing right behind me.
6:52
He went that way.
6:54
So back then, you can walk up the emergency doors without the alarm's going off. So they all went that way and I went that way. It was those days, you know the nineties where you can grab a quarter and put it in the paper. So I did that and we didn't have cell phones back then.
7:08
So I go outside, There's a paper on, I call my part, I said, right?
7:12
You might have to bail me out.
7:16
I don't know, Maybe the child said the bailiffs After me, he goes there.
7:21
So I made my way to my card took off.
7:23
But anyway, so I talked to the glory later on that day and she was laughing, he said I was nervous. But if they worked out, they re-instate all my money and gave me the check for the periods.
7:34
So I just thought I'd show you, because it's the kind of stuff I'm doing. Just crazy. That's crazy. But they didn't have any right to arrest. Who did they know? That again, just, they're just plain hearing obstacle said, anything you want, and I do that, I'm going to fight that guy.
7:54
And I don't want to disrupt this room anyways, but, you know, he knew that I got his body in that under content.
8:00
God, unfair, square.
8:02
And of course, they didn't hold, we could tempt, they just restate the money and go OK, fine. We're good.
8:07
I'm not trying to you know make some guy go to jail, that's ridiculous.
8:10
Anyways, this is for those cases.
8:12
I don't have those normal, there's more stories, but that was, that was what I'm going to share.
8:19
But anyways, so imagine, if you have an easement agreement, I mean, think about it. An easement is the, describing the use of property.
8:28
Typically, an easement agreement is gonna look like the utility that most of us have from the shortest path, from the sidewalk, if you're in the suburbs to the meter on your house.
8:38
There isn't, isn't it there in my, in my house. There's a cable boxes like everything's right there, table our, then, there's even a little bit on the other side of the property. Again, right on the edge there is the water heater.
8:51
So there are easements.
8:52
Now I'm sure that there's some, there's some easement recorded somewhere that describes that. No problem.
8:58
So, to, why, why couldn't I write an easement, that describes my use of the property.
9:04
Where I'm not interfering with the existing users?
9:06
I'm not allowed to do that, But, I can write an easement all the way from the sidewalk to the back of my backyard.
9:14
We have a fence in the backyard. That goes right up to the counter.
9:17
So, why not do that?
9:18
And so thing, Bob, if you wanted to take control some property now, you gotta have a little bit thick skin, because you can get a property owner to sign over an easement. You've written up the easement.
9:28
You're just telling them, I can either get you in there, and just you can rent it from me, and though they won't be able to dispossess you the property.
9:37
And that the reality is that if we're closing party will be able to foreclose on the property whether it's judicial or whether it's just, you know, I'm gonna sell it at the auctions, trustee, foreclosure sale, OK?
9:47
When that, when that sale takes place, there's a change in the title, but that is not going to affect the change in the land use rights, the possession.
9:59
There's two things going on there: Possession and Title.
10:03
Title we assume, of course, Title by default gives you the rights of possession, but that those are two separate things.
10:09
I don't know if you're aware of this, but, um, this is what I've heard anyways. I don't know if I verify this.
10:14
But when the when the people that were here, the colonists were taking the land from the Indians.
10:20
Of course, they were using the English system of law, if you want to call it that that's how they justify stealing another nation's land in the invading a country country after country, right?
10:29
So, what they would do is, they would use the English system, and they would file a complaint in the courts.
10:37
They would create these courts, and they would sue the land.
10:42
And take it.
10:44
Because there's no, there was no one could appear at its behalf, they didn't have this, because Indians didn't like, what are you talking about them, it didn't, it didn't mean anything for the English, let's just say the English type system.
10:57
They were just suing the land.
10:59
So there is a distinction, there's possession. And there's title.
11:03
Title allows things to be taxed as you are aware.
11:07
Title is a good thing though. I mean we're using it.
11:09
But what you're doing is you're you're going to tell somebody if you want to you can control the land, You can control the property. you can you can cause the person to retain the use of the property.
11:20
And the truth is that a foreclosure would go through and the title the property would probably change. Let's just say someone bought the property at auction and that title is going to switch over at the auction, however they do it.
11:33
Now, that person is going to go check it out. You just bought something.
11:37
Now, that's if he buys it.
11:38
I would think you would be discouraged. I think after maybe a few times, this happening people, the word would be out A, check your easements, if you're going to buy some distress property.
11:48
And they're going to do that anyways, a good real estate investor is going to do that.
11:52
But anyways, he's going to go check it out. He's going to see are there happily cutting the grass on Saturday morning?
11:56
You're not going anywhere.
11:59
So what's, What's his option?
12:01
His options does scratches, head and go, hmm, What happened?
12:04
on the rightful purchaser, I'm the rightful owner, and yes, he is.
12:09
But he's not the wrong one to have possession of the property.
12:13
Now he could have possession of property, but it doesn't make sense for him because you have possession the property as a lean right. It's on the public record. He's a title holder. But because you have the lean right as a public record, he can't.
12:26
He can't evict you from the property.
12:31
He can only evict nine, non interested parties.
12:38
So that's how that works.
12:39
It wouldn't be a problem.
12:40
I mean, it makes sense to try one look in your newspaper or whatever. How do they publish foreclosure appendix disclosures and go find one you don't, it doesn't have to be distressed, it can be yours, too.
12:51
A lot of you already, I'll be too afraid to try this on your own house. That's OK, I understand.
12:58
There's some crazy guy in Florida telling you should do this.
13:01
But if you're in a situation where you don't see, it's funny, because it's natural, if someone's in financial distress, they're gonna pretty much do what to tell.
13:11
If you sound somewhat competent, OK, it's kind of a bad thing, in some cases. So I want to make sure that if I'm going to actually help somebody, I'm not just sounding really good on the phone, actually want to actually do it and if I don't know what I'm doing, I'll tell the person.
13:25
So, I'm very certain that recording an easement is going to if you, those rights that you had as a title holder or the same rights, how did he worded, and it's going to preclude anybody from taking possession of that property besides yourself.
13:42
John, could you hear me?
13:43
OK, um, Yeah, like I said, I had to I was just talking about when I had the forbearance You said that I didn't do the forbearance and you get a magnification It doesn't really mean anything. Right, Like, it's not really Well, it's helpful. It's helpful. But just understand what a modification is.
14:02
Right, because there is a third party is the actual service there, right?
14:08
That's not a party, OK, because they're there. They're collecting for the actual carsten right the person that has the actual?
14:19
That's what they'll try to do, but when it comes in the court the actual noteholder has to do it.
14:24
It has to be the real party and interests OK, So now that if there's a situation that I'd say it's all good now. It's the property is fully rented it as it as the other Adjustments on the mortgage for the everything's getting pushed it back at that average interest rate.
14:43
Yeah, it's a smaller payment, But then what happens if let's say I want to just for this, but the poverty go and Then go into foreclosure Because there's certain situation that is going to happen.
14:56
OK, Realize that you are in foreclosure, and you will always be in foreclosure until the foreclosure is completed.
15:03
OK, OK, so there's no way you guys know this I think some of you know this, that's such a scam. When you have a mortgage, it's a statute stable.
15:13
It's a security.
15:15
And what does that mean?
15:16
Someone sold an interest to thousands of people you never will meet in your life, so, so that means that the governments regulate that, as you can imagine.
15:25
So, if the government's regulating your mortgage security, the mortgage link, all the interest in it, do you think that?
15:32
do you think that some Muppets, some lawyers, can change the Terms?
15:41
All right.
15:42
That's all securities violations do.
15:45
John, how did, how did that work?
15:47
If I do have documentation of everything that they proposed, and they read your mortgage, and look at the default terms and look at your choices to care default, does not include a modification of the terms. You cannot do that. because you do not have a viable security at that point. You cannot you cannot change the risk for your investors, That's the deal.
16:09
That's what I'm talking about. That's why this can't work. A modification is a total lie. You cannot modify a mortgage.
16:16
You can only refinance it, that means replace it with another one.
16:20
Because you're defrauding the investors Now, the investors bought into the mortgage security however, they did.
16:26
Then someone changed the terms. I can't do it. You can shrink the borrower, the thinking, the terms were change, which is what they do.
16:34
But they actually cannot change the terms that would be illegal.
16:37
And so what actually really happens is they can foreclose anytime they want no matter how much pain and they came to make, but they will continue gladly to take your payments whether or not they apply to the mortgage.
16:48
I wouldn't bet on it. I've seen so many cases where they didn't have a record of the payments.
16:53
Wow. There's not even a remedy.
16:56
Wow, so so what happens if they decide? Somebody says, OK, We're going to take this, what positions at a play, wherever you got into the modification and they stopped everything.
17:06
Like, I don't know what state it's in, but what does, OK, so that's judicial.
17:11
So, were you already in court? Was there a summary judgement?
17:14
I'm not going to get to court yet.
17:16
No, there was No do it. During the question what happens then?
17:21
Don't get me started on that and I don't think they're aiming code comes because there's no such thing.
17:28
Someone says hit by the pandemic. Come on, stop already. It's not. I don't believe it. By government bullshit.
17:35
All right.
17:36
So, uh, what will happen is, if you stop making the payments, does this, they'll get a law firm, and they'll send you notices, and they'll institute or file a case in court.
17:47
And they'll go through and try to, try to win the case. Right?
17:50
Don't try to win on summary judgement.
17:52
And then they'll do the foreclosure, They'll set it up for auction itself.
17:55
That takes, if you did nothing, that takes about, if you just start, stop paying right now, They'd probably sell your house by Valentine's Day next year.
18:06
It's about a year and a half two years, right?
18:10
Yeah, probably probably might be longer, but.
18:12
yeah, now if you follow them, you could get 2 to 3, 4, or five years out.
18:17
Right, But you got to know what to do now, some people don't know what to do except to file a state bankruptcy, Then you withdraw, pilot, withdraw the play that game and use the number of people on the title. And, you know, that's one way to do it. I mean, I've seen people do really well with that. I like to go fight them on the merits.
18:33
I've got one right now my computer, where I'm actually analyzing the pleating.
18:38
So, yeah, why don't you just put the easement on there.
18:42
Why not pay? I mean, why? Why rock the bottom penny campaign? I'm just saying, worst-case scenario. Yeah, the Essex to fan? You know, and, Yeah, paying attention. Not paying or whatever, God forbid something happens, and then I'm like, No, I'm The first one does not pay the banks, but If it serves your life, let me pay killing. You to pay.
19:03
Keep your live peacefully, you know. Don't break, in the worst case scenario. Like, you know, So, it was like, if I didn't have to what? What options do I have, without them coming in and trying to just distance railroaded, and then just take over and just dated option for me? And it's not railroad. I mean, they do follow a process, OK. They have to get permission from the judge, and they have to prove that, they have the right to do it.
19:27
And for the most part of the judge will give it to them if it looks reasonable. I mean, you can go there and muddy up the thing if you want it to you. I mean, most of the mortgages are not valid motion.
19:37
Most of the foreclosure not valid, but at first glance, they look OK, if you, if you delve into it, you'll find out that there is usually the plane up doesn't even have an interest in the paper.
19:45
But, just the same, I mean, so let's say your backstopped deal is you write an easement and recorded the property and keep on doing the same thing.
19:52
Worst-case scenario, let's say you don't have the cash flow to pay it.
19:56
While you still can control the title now, not the title, but the property, the possession of it.
20:00
Then, it gets foreclosed upon. It gets sold at auction. Let's just say, and now, here we are, there's a title holder does, not you, but yet, you're exercising your user rights to be there now. They're not specifically Your Easement rights. The Easement Rights of a Party In, which your affiliate.
20:15
It can be a trust.
20:16
Let's just call it a family trust, We're right at the easement, it can't be your name, as a Serbian state, the one who's getting he's not right. It has to be a trust or a company, it could be an LLC, also.
20:28
Like I was saying the other day, I would use an LLC situated in the same state where the property's situated, OK.
20:37
All right.
20:37
So, like I said, I'm just to Those options are available. I never knew they were available, actually, so I don't you just the LLC part? They do a telling me about that was kind of thing. Like you can just put it on the sea and then native apps.
20:51
You know.
20:51
With the PMA, you know, the owner doesn't matter, OK? That's just has to do with liability. All you're trying to do is establish title.
21:01
It's either going to be title or ...
21:03
rights entity can do that, a group of people can do that, you can issue the easement rights to everyone in your family individually who's not named on the title.
21:13
Right, OK.
21:14
All right. That sounds like it sounds a little It's a little clearer now, but like I said, it just It's a lot of a lot of It seems like a lot of.
21:23
Lingo and paperwork, that would make somebody discouraged to even for a court is, paperwork, If you wanted to do it right. You're gonna, I've done these Some of These are 2, 3, 4, or five years, and I literally have boxes of papers. Luckily, we don't use paper. It's all on the computer, right? You want to print all this stuff out. Some of this will be printed out and sent into the court it's boxes, reams and reams of papers and pages and pages. It's ridiculous.
21:52
But with recording an easement, you can write up an easement in two pages then why?
21:58
They can't get possession. That's what it comes down to. So can you handle the drama or stress of knowing that somebody's knocking on the door and saying, hey, I own this?
22:08
Right there I say, Well, that's that's nice.
22:12
This tension, in the located it's tenant, is Tange, and that's a hard enough just to get a tenant. Now, imagine trying to get I guess if I had a prominent 10, it takes years. Imagine if the tenant had an incident, right?
22:24
Not that you would ever do that, but imagine if one of those people have the right, see how difficult it is to get rid of the tenant. Imagine if you had a decent, right? It's impossible.
22:36
See, that's the thing, I mean, it's in New York. It's very bad.
22:39
Tenant landlord situation is just horrible. Stone.
22:44
No, I get what you're saying, but like I said with the LLC, because that's Let me ask, let me ask ..., or she's going.
22:54
Go ahead.
22:57
OK, Great.
23:03
OK, hold on and you guys will see the same location.
23:05
I wanted to me OK, so yep OK, OK We're learning this out so I am just really I'm having a hard time getting beyond that you can create an Easement if there's a lienholder because normally on your mortgage and the note it says you cannot encumber the property read beyond.
23:38
Correct. Can you hear me?
23:40
Yes.
23:42
Yeah. I can hear you.
23:45
OK, so let me show you the hard time getting beyond that, I'll show you the distinction, so you cannot, anything you file is not going to change a mortgage position.
23:57
But an ACO, a covenant, does not affect the mortgage position.
24:00
You can start off a covenant while you have a mortgage on the property.
24:03
It doesn't affect the mortgage claim on the title, on the title.
24:09
It's a different type of lien.
24:11
So, like, for example.
24:13
So you've got a mortgage on their bursley position, then you hire some work to be done on the property. And the person doesn't mechanic's lien on the property mm. The mechanic's lien is superior to the mortgage, but that mortgage lean can't be.
24:25
You can't prejudice a lender with a mechanic's lien.
24:29
You can probably foreclose on the on the on The more usually, I've never tried that before but there isn't.
24:35
There's a pecking order against the title, leans against the titled, Ilex. Those get wiped out by the mortgage foreclosure, property taxes. Those are the top doesn't wipe out everybody including the IRS.
24:50
The property tax estate property.
24:52
That's the highest priority of all liens on the title, but the easement survives all that nonsense.
25:00
But the Easement is attached to the title, right?
25:05
Know, it's attached to the property itself, the description of it, It's not really picking, it's not the title.
25:13
Yeah, the title can change all the time, but that the easement right does not change, just like an inch away.
25:18
How many times our house is sold in an HLAA community, many times, but the HLAA doesn't do anything. It doesn't go anywhere.
25:25
That lane is still there, just like even even a person who leaves an H away, a House and Senate, you awake the ... money.
25:33
When he leaves, the next person to take the title still owes the HLA money. They don't care who the title holder is and they have every right to expect it from the new title holder.
25:44
There's two types of liens.
25:46
So the way I describe it is the, the Hawaii Covenant and the Easement are perpetual liens that cannot be exhausted in a foreclosure.
25:56
Every other thing that I can imagine is going to be exhausted.
25:59
Done. You can't do it again.
26:02
That's the difference.
26:04
Like I said, imagine you actually did that, you're going to have people come to the door. You might even get sued president. Someone's going to maybe try to file something, Imagine that. But that easement is going to be If they can't get around it, it's a law.
26:17
Just like the mortgage. That is a law.
26:21
Mortgage is a law. That's the definition of statute, stable.
26:24
A mortgage contract is a law. What you have in the mortgage statute is the right to foreclose on the contract.
26:31
The mortgage lien is the law of the lienholder on the property.
26:37
Then so is the easement.
26:39
So, as a, I think, you had said that you don't even have to be, know, you can still have a debt against the property A lien against the property, and still file an easement.
26:52
Because, but you're not, but the, The dominant tanna men has to be different than the Servian Tenements, so you can name correct, the dominant estate cannot be the same as the survey estate.
27:07
I would say in any respect, there has to be complete difference.
27:11
So, that's why I'm just saying generically, if I'm going to talk about, you know, general terms, I would just say whenever you write the easement in that situation, where you're ultimately Planner benefiting later after foreclosure from the use of the property, then create a trust and use an LLC as the trustee.
27:28
That's a really nice separation. And then name yourself and other people in your family that use the property as beneficiaries of the trust.
27:38
And if you're not in a foreclosure situation, wants to benefit Well, you have the lean on that. I mean, if you're not, if you're not in jeopardy, I mean, really why do it? It sounds like entertainment, right?
27:48
Yeah, right now the renters like with regards to having renters and Well, I don't know because you have contracts are pretty good. I mean, lease agreements are pretty good, but here's what I'm going to do with it! I'm actually doing this on a large acreage where I'm going to create easements to obtain funding to develop the property.
28:08
I think that's I can deliver that to the lender and my partner I think that's a cool way to secure his interests.
28:14
So I write up an overlay for everything I want to do. Let's say there's a big long piece of property. OK, and over here I'm going to do the same.
28:20
And then over here I want to do this thing.
28:22
So two different easements, it's an overlay. So I have to, easements are recorded wherever they like it.
28:28
And now each easement has distinct separate rights or the use of the property.
28:33
This over here, my lenders get out my lender or developer because I'll bring people in and work with me.
28:38
He's got his own thing, it won't matter with this other guy is doing, they each have their own interests to different easement rights to different operations.
28:47
So are you saying you can do that and you don't have to shortcut the property?
28:51
Don't applaud the property. Nice and very perceptive. Don't need to go to the county and asked her plan that you sell shipments to, you know, kinda chop up the property. Yes, you become your own little town.
29:04
That's what I'm doing. It's 91 acres and I'm going to create my own little divisions and everything, so that everyone's interests are served. And if I want to put money towards the county, I will. But I don't need to.
29:16
That's great, there, you'd have to behave first.
29:22
Sweet. Make them behave.
29:24
Yeah.
29:26
And so that's where you're getting the funding from is because you like when you chop it up, you have these two different easements with different usage rates.
29:35
Then then say what's going to serve a developer, say a commercial development? You'll sell that to a commercial developer, And basically it's like you're selling them the property, but they don't get a set like a Use of the property and suddenly each of the property, not the title and not a parcel.
29:51
Now, the thing is, I don't know that there's underwriting, like that person wants to get a mortgage He's got to figure that out. It can't be a lot like a mortgage loan Like you would have the land after The he's gonna have to have access to funding And that's not my problem. That. Maybe it's a lender, OK. That lender, we're going to have to have a budget. We're gonna have to have a list of suppliers and plans to do something with that lenders money. Or, it's going to be the person with the money that already has all those things, those abilities. And, he's gonna develop it, so he can get, permitting, also, Why not, I would like to get permitting just because I'm not pay the property tax, and I'm doing my own thing, I can still get permitting, except the filing fee.
30:29
And that way, I know I'm safe, and I'm following the traditional things.
30:33
Now, I don't know if I can get lending, or, I don't maybe insurance, I don't think insurance will be a problem.
30:39
Traditional insurance, but, but nonetheless, I mean, it puts you on your own a little bit. There's some autonomy. You kinda have to do it yourself, you know, so basically, your umbrella structure as the ..., right?
30:51
Yes, that's what I'm using.
30:52
OK, OK, just works out that way. There's two parcels.
30:56
It's 91 acres, the one I'm using on, Then there's a couple more.
31:00
I'm using it, or they're in the middle of foreclosure cases, So That means in the end, they won't get the payoff.
31:09
So the disposition of this, or you know, when you got, the, kinda the exit strategy is, is that you can't really sell it, right?
31:17
Yeah, like that.
31:18
That commercial developers not gonna be able sell it, right?
31:21
Because they don't really have title.
31:23
Why not, I don't know. I'm asking, what would it be selling?
31:29
It'll be different.
31:31
It will be different. Selling it, selling the use of the property.
31:35
And by that time, he could have perfected the title because the other title holder is going to give up to just say, I can't do anything.
31:43
Just gonna enter the title.
31:46
Closure, a flip foreclosure situation, OK, the foreclosure, yeah. If someone buys it, it takes on the title. He's gonna realize you can't use the property is useless.
31:55
He has to join the party.
31:56
Is to be involved with the people that are actually using the broccoli that have all the rights. And he's just seeing that going in. I'm hoping that, I'm thinking most of the time.
32:05
People that would buy the property at auction would see that there's an Easement.
32:09
And they would probably read it.
32:11
And wonder, what the heck is this?
32:14
Yeah, no one racism, it's like that. That's another thing you should know. I mean, this is, this is me, this is my brain, right? I'm Sam, Sam, to share my ideas with you. Nothing wrong with, this is perfectly legal to do that.
32:29
It's just sitting there, We've never used it before, Pascoe It's funny because when I was in a foreclosure, I was working in foreclosure case and it just so happened that the HLA was also foreclosing on the property.
32:44
And we're able to finagle it to where we cause the bank to give up, because even though the H away it gets exhausted, the bank had spent like $80,000 in legal fees to get nothing. They couldn't even They couldn't succeed in a foreclosure, We just frustrated so much.
33:00
Then, so they actually dismissed their own case then they let the HLAA foreclosing take the title, the Angel took the title.
33:09
So, the bank never foreclosed on the person who didn't pay the mortgage, The bank foreclose, eventually, the bank foreclosed on the age away.
33:17
Isn't that interesting?
33:18
Hmm, hmm, hmm. Yeah, that works, wow, it's kind of like that, You know, you hold that up and everybody does this. Yeah.
33:24
Whoever's whoever's next. So. So there's a priority there. But if you create the priority, like, I just, that just happened.
33:32
But if I create a priority, using a valid easement, What's an invalid easement?
33:37
What it does describe, the property correctly, or one that doesn't describe the intended use of the property correctly, or maybe one that doesn't identify the exact names of the, the serbians estate.
33:51
That's why I say, here's a group, user trust, and an LLC, because then you can, you can associate anyone you want with that.
33:59
When you say you can, you can pick anybody you want, because they are all underneath the trust. Or the, yeah, the beneficiaries are wicked documented, we can even change things. So, you don't have to independently name them as you might have people coming and going.
34:16
That's correct, right.
34:17
You can write, you can put the group there, and then deal with whoever is associated with that group. I would avoid, unless you really know what you're doing, you really know what you want. I would avoid putting individual names there.
34:30
I mean, you could do that.
34:32
But remember, once you do that, you're going to, you don't have the title anymore. That was your last chance to do that easement so make sure these myths correct.
34:40
Yeah, this would work in South Africa.
34:44
There are easements in different countries. And there are laws that recognize easements.
34:48
So of course it would, I just wonder what the legal system is.
34:52
Like, actually, in spite of all the corruption, I think this takes us away from all the corruption with the easements.
34:58
Because they're using they're not, they're not going to challenge easements here.
35:02
They have too much at stake.
35:06
Hmm, hmm, hmm, yeah, I don't know, I'd have to see the, I'd have to see the local laws, but here's how it works, here, At least maybe this helps you.
35:12
The way it works here is we have very strict statutes on easement rights.
35:18
So the question for you is, are there very strict statutes on easement rights?
35:22
Where do you do it?
35:24
Yeah.
35:25
I mean, most modern nations are going to have decent rates.
35:29
If they don't have it in writing, there's gotta be some way to recognize, because, for example, let's say, Let's say you're in a country, I don't know, I don't want to insult anybody, but let's say you're in, like, the backwards Brazil or something like that.
35:39
Let's say, I don't, I don't know, I've never, I just got out of a deal in Brazil, OK, Well, you're out of the forest.
35:47
OK, everybody's wearing loincloth, and we don't know whether there's, nobody's writing things down, but for, for generations of people, but different groups of people have been benefiting from the flow of a river.
36:00
Then, some, some village idiot decides that he's going to route the river, or he's going to flush the toilet into it or something. He's going to ruin the property, right? Or the other people. Or the use of that water is an easement, right?
36:10
And he's interrupted the enjoyment of the decent, right.
36:14
There's gotta be a remedy there.
36:16
Because the other remedy, if there isn't one in law, is to go down March out to the village, Say, who was the idiot?
36:22
That did that right, so I would imagine that there's gotta be some way to deal with easement rights. even if they're not in writing.
36:30
Would an easement be synonymous with water rights?
36:34
The use of water, yes, you would have an easement right relating to that, however, water itself, as a distinct set of rights associated with water rights, just like mineral rights, You can have minerals somewhere, but then how do you go get them through property?
36:50
Gotta have an easement to go get it.
36:53
That's what you see. these, they build these big towers with the, you know, the blade's, right.
36:58
Bands for the electric power.
37:01
The wind turbines. Yeah, those are based on easement rights. Those have to be acquired.
37:08
They're not all. They have to be acquired their new eastern rights.
37:11
You ever see the big billboards on the side of the road.
37:17
OK, those are all owned by the Department of Transportation.
37:20
The Department of Transportation has all these rights on each and every one of those billboards dotty exclusively.
37:27
You can actually say, oh, and I use that term loosely because you can actually buy the billboard.
37:34
And you can become the owner or you're assigned a duty tag to that mm, and of course, you're responsible for it, but it is under the Easement rights of the Department of Transportation.
37:43
Hmm.
37:45
It's under federal interest even though it's someone's private land.
37:50
Correct. A carve out the section and that's the easement. Because it's yeah, I mean, I'm sure that's in writing.
37:57
Same thing with the microwave towers, five G things and all these, you know, death towers as a column those are all about human rights as well And I would argue that those those are you Those are using these rights.
38:09
Millimeter, they're all around us. We just have not yet use such a powerful thing.
38:15
I was thinking that what I'm telling you is crazy.
38:19
It's not It's just something we haven't used yet.
38:22
Right, well, when I first started looking at it, this whole system, this debt system, if I was, I went to the court, I used to have Lovings Business, that was my profession.
38:33
That was when I was in college and high school. In fact, I started out when I was 12 years old.
38:37
I was still doing that in college and I got to look into this because I'm an entrepreneur. I was curious, I was the smartest guy, I'm like, well I'm just gonna go there and sit and find out what they're doing.
38:49
And when I listen to this stupid attorney talk from Citibank, this is never I'll never forget this stood there for like 15 minutes and rifle.
38:56
50 cases of credit card debt against people, and nobody showed up except for two people and those two people showed up mistake for mercy.
39:05
And even then, I didn't know anything and I thought, how pathetic is that?
39:10
It's so, it's so easy. I don't, I didn't even know what the rules of Civil procedure were.
39:14
And I thought to myself, if these people will just go further and say, I don't know anything, that would change the whole dynamic, it would cost $10000, just to get back to that point.
39:25
That was my perception.
39:27
So, I went and I started talking to people. I went to, the debt collectors. I talk to lawyers And I said, What's this stuff that they're doing a court like saying all this rule? What does that all the rules are citing?
39:37
And they laughed, he said, That's the rules of civil procedure. I said, What's that?
39:41
Today, you just Google that, poof. There it is back. Then you had to go to law library, or some other.
39:45
Great, even though, I had to go find that. Then had to go ask the librarian, Hey, we're the rules of civil procedure.
39:52
I found them, and also look at their, holy cow.
39:56
Right.
39:57
Hmm, hmm, hmm, we're just not using them a certain way.
40:02
Yeah.
40:04
So anyways, I would, I would encourage you all to have a plan of doing that. Pick one, pick something.
40:09
Find out, find a distressed property.
40:11
Find a strip mall there. They're demolishing and here in Orlando.
40:15
You would think what, we're not, we're, I'm outside of ... is where all the action, and that's where all the tourists go, that's with Disney World and all that.
40:22
I'm way outside Nairobi, you know, smaller town, and but still, it's a lot of people, and they took down a gas station.
40:30
This was last year, and they, they removed all the tags and all those animals dirt on a quarter log.
40:36
OK, It was a small business.
40:38
This woman sign is still there, but that's, that's not alone, fight back, down the street further, they took out an entire shopping center, they destroyed the whole thing and now I think about it, right between that, there's another road. This is all within like two miles.
40:53
They just took out the entire electronics warehouse or like American signature furniture or something like that. My wife I used to go there and buy everything. Like discount.
41:01
We skipped the dead stuff, you know, They had everything over there. Gone.
41:06
Right now it's big mounds of rubble.
41:08
I don't know what they're going to do with it. I don't see any signs that they're going to rebuild anything.
41:12
What the heck is going on with that property?
41:15
What can I do about that? Because if I can get them to give me a human rights, which I think that's more difficult than talking to a homeowner But if I can get them to give me either rights in some way, if you have to pay for them, I don't know.
41:25
When, then it wouldn't cost me anything, I wouldn't have carrying cost.
41:31
All these insurance, all I could do nothing.
41:34
I do have liability.
41:36
I think my responsibility if someone's on that property, you know, with all that stuff on there, all the rubble that didn't get injured.
41:41
And I have liability there, but nobody can tell me what to do and then take possession of the property just like city codes, county codes, so I think it's a unique opportunity if you just think about this and maybe pick something small, know, you might be talking to your neighbors, is telling you one Saturday. Yeah, we're moving. Oh, really why you're moving?
42:06
We just need something cheaper. We're having this, we're struggling with the payments. People don't talk like that, but you can get that out.
42:12
I'm starting with a mortgage payments, really, OK?
42:16
You might want to try this.
42:19
No slap an easement on there.
42:21
Charge and half the amount they were paying.
42:29
Say yes to that, you become the lender basically then so that's a good question you have though, about what could I do them with the wood that property?
42:39
Can I sell it to the way it looks on paper, so I'm the lien holder. Who am I selling it? They're gonna look at that and say, yeah, I want to buy the property, They're gonna think I'm selling the title, clear title. Now, I'm not, I'm selling you the use of the property now.
42:52
Maybe I could get clear title, because the title holder is going to go away, does never going to have the use of the property. So, maybe at some point, I could recover the title, Fine.
43:02
That, get that, puts you back into the mainstream of financing, and regular sales, and things of that nature. But, in the meantime, I got used to that property.
43:11
Is somewhat like a timeshare, if at all. You can make something like that. It would easily rights, be synonymous somewhat with, like setup, of a timeshare. Yeah, it's right there at times. I don't know how that's structured.
43:25
I started that here in Florida, because we have that, it's title.
43:30
It's not easement, it's purely title, OK, so here's what they did.
43:36
My dad had one, that's how I know.
43:38
So they, they title a week on that lot.
43:42
So they factored in time as part of the real estate.
43:46
Why not, I mean, if they can do stuff like that.
43:50
I mean, you could use a traditional easement to control the land rights and just understand what you have. Because they're going to try to knock you out of it.
43:57
I think they're going to try to, you know, push around a little bit.
44:06
Sounds interesting.
44:08
Definitely.
44:10
Well, I'm probably going to do it.
44:11
I'm going to talk to my friend up in Atlantic is an investor.
44:15
They'll probably say, I'm crazy.
44:17
Does he says, You're crazy, but yet I got him out of like 12 horrific situation. That's why we're Friends now. And he'll always say you're crazy. They don't come back and say, Tell me that again.
44:30
Yeah. Yeah, he's doing real estate closing without paying a dime attack, designing leases like, moving money around.
44:38
It's perfectly, you know, set up.
44:40
I asked it to be used to come down to Universal Studios. He came better with time with his son.
44:46
And then we're standing in line, like the King Kong, right?
44:49
And I said, Hey, you still, using that setup I gave you, like 10 years ago? He goes, Yeah, it works great.
44:54
Because dual closings with an LLC, two LLC's uses we'll close.
45:01
Yeah. Pretty slick.
45:03
Brain is brainstorm, is very timely with the World Economic Forum, but it's doing isn't a huge I have to stop every foreclosure and account. I have that you show me the money, hire bodyguards. I have to acknowledge it sounds too good to be true. But, guys, just look at what an Easement is, look at how powerful it is.
45:21
It's not something that I have to go and get a judge to agree with me on.
45:24
It's already spoken.
45:27
Look, what I follow. Generally, I have to go to get there, I have to convince a judge them, right?
45:33
Then I have to convince them that I'm right, up to a certain dollar amount.
45:37
OK, so once I do that, I get a certified copy, the judge, but is it a little ... already on there? I get a certified copy of that, now the county says it's good.
45:45
Then I record it in accounting, and it becomes a lien encumbering anything that the defendant has an interest in.
45:54
It wasn't a lien before, but once I got the judge's permission, there it goes, and that lien, by the way, that judgement lien does affect real estate.
46:04
So, now, go over to an Easement or go over to a mortgage.
46:08
For an H Away Covenant, did those need the permission of the judge?
46:13
No?
46:14
No.
46:15
You just need your coalition en masse.
46:18
You just pay a filing fee. And guess what?
46:20
You get the same thing as it doesn't link the arguments that settled matter.
46:25
I have the lien rights.
46:28
The judgement requires all kinds of, you know, proof permission.
46:32
So start with that. If you want to look into this yet, because something that none of these foreclosure ballot because they got clean, there's no real party in interest, as I've said, I walk past all that. And that's why I love it, because I don't have to argue with anybody.
46:47
Yeah.
46:50
So, for the first year, after you do this, there's going to be all this fighting over the title.
46:53
Maybe You can ignore it.
46:56
It's kinda look ugly. You can probably ignore all the lawsuits, let's say Peopled by one. I don't, that's gonna happen, but let's say that happens. Ignored, ignored ignored.
47:03
At some point, they'll give up, They'll realize that it can't get wrong as Eastmond writes. Hey, get around him, he can't get around them.
47:10
Who's gonna get the title? Well, why don't you, you're still there.
47:14
You can clear the title.
47:17
You can query the title.
47:20
When do you quiet and shy away?
47:24
When they give up, you do quiet tidal action. Then you take time. We had possession entitle more or less you quite the title When it's Quiet right. So, after that first year, we're all the Muppets are going to be fighting over. Maybe, maybe, maybe not.
47:38
But at some point, no one's going to fight over anymore.
47:42
And you can get a clear title.
47:45
Right, right?
47:49
That might be the end game, right? Once you have a mortgage and just kinda everything, various. Thanks Josh, going belly up.
47:54
I mean, you could shave your French, you can save your friends, yeah.
47:58
You could make some money at this, and do it. Yeah. You could take over a whole neighborhood.
48:03
It's not crazy, just one at a time.
48:11
John has the unfortunate actions against that.
48:15
There's nothing to do, it's a link, So I can just explain.
48:18
There's no serving you like court case. They take it a court. What is it, OK.
48:24
So what what is the cause of action Somebody would have, who would have a right to sue you of that.
48:32
The person that wants to wants to property, let's say the title holder. Right.
48:37
So the title holder had full knowledge of these rights before you bought the property.
48:41
So what does this cause of action?
48:45
Alright, I should, I should talk to you the MSR. What, what set of facts would give him the right to Sue? Would it be an eviction?
48:53
Would it be that you slandered the title?
48:57
I'm thinking that he eat, like, he had no, IE.
48:59
There was no upfront knowledge about it. You know, already the case on that won't fly.
49:06
Are to take the case law on that.
49:08
Really? Yep.
49:10
I haven't checked it to where Even if I didn't record the easement in the county, it's still enforceable. I just I'm not telling you guys all the details of this. Tell me that.
49:21
Like, it's good. It's good.
49:28
You really get down to the nitty gritty. You really are, all the fine tune. I look back to say, I get asked all the horrible questions, OK. John, do you think you're so smart?
49:36
What happens is, when did the recycle the case law and the court's telling me?
49:45
I'm telling you 10% of the court So like when I look at the private membership association, You guys hear me talk about that That comes from like there's 10 times more information out there And if you come to me with a case or something or a question, I know what to do.
50:01
But I don't need to tell you that now That's what I tell you Just understand the very basics.
50:06
Important thing is like a private membership association is an association it already is you don't need a document because it's not an entity, It could be.
50:15
That's what, that's how it is.
50:17
So there's, there's a lot of, a lot of law behind that law meeting that judges over the years, like for the last century have read disputes, had her disputes over, these are property rights, and make decisions and their holdings now in the court system. And that's our legal system. Let me get to this chat, I know I've been ignoring it.
50:36
Let me, I'm sorry about that, guys.
50:42
Yeah, OK, so there.
50:47
So, a tag cannot create an Easement. It has to be a title holder.
50:54
Foreclose, but has isn't good for close, so, even, know, the foreclosed, OK, so in the easement right, you cannot. The new title holder can't change the easement.
51:05
They can't get rid of the easement or sell it.
51:12
You can negotiate something new.
51:14
But when that easement is recorded, it doesn't matter who the title holder is. and it depends on the easement, but let's just say the Serbian state, the one who has the right.
51:24
That person always will have it.
51:26
As long as the easement is valid, now it could expire.
51:30
And easements are canceled, by the way, you can cancel an easement, Here's an example.
51:35
To get rid of an easement there, there has to be a total destruction of the property.
51:39
So an example of that would be, like, um, let's say you did this us suburbia and you know, house, awesome suburbs, and it got cleanly blown off this foundation by hurricane, and I use that example because we have that here.
51:53
So if your house was blown off, its foundation complete was decimated.
52:00
That would abolish the easement right.
52:05
Now, it is debatable.
52:07
That is, the right could survive.
52:09
But according to the case law, that's what it says it unless if there's a destruction of the property and it's not so much the structure of the property, it's the fixtures on the land.
52:19
It's the fixtures on the lamp.
52:22
So in the easement, let's be really careful to describe how the land is being used. And then make a distinction as to how the fixtures on the land will be used.
52:31
That way, we don't lose the easement.
52:33
You're not going to study the land and you have to, you have to create a biohazard right To destroy the lamp.
52:38
Something like that.
52:40
Uh, John, couldn't you just write that into your Easement Agreement? Yes.
52:47
Correct. Yes. Just like, you gotta get, the fixture is destroyed.
52:53
The easement maintains its. yeah.
52:57
The language of the easement could avoid destruction.
53:00
Yeah, because Yeah, if you describe like just under the surface area of the land itself, it's not going anywhere. The fixtures will be to start that. Yeah, you can do that and retain that, Human rights are Correct. But you could describe something that's not going to be likely destroy it Absolutely. Is buried?
53:17
I think the definition of an easement, If I remember correctly, is that an easement runs with the land?
53:23
That's right, yeah. That's right. It is part of the land.
53:26
Yeah, OK, cool. Yeah, you got the right, yeah. Yeah.
53:31
Then, no, you can't be the utilities, it's just like that. River, OK.
53:36
Can I interrupt your utilities, Nobody cares, the utility companies care, unless you're not paying.
53:43
Actually pay. That's how dirty easy.
53:46
What about, John? What about water bills? Like the city city as like, the water contract. If you don't pay for it, you don't get it.
53:55
In that case, you don't have a right to someone else's services and products.
54:01
I mean, we can trick the system on the real estate, ironically, know, You gotta pay those pillows.
54:08
Yeah, OK. So as far as selling easement rights, they can't be assigned role. Again, you have to write that as an easement.
54:15
Very careful about that one.
54:17
You could sell easement.
54:19
You could you could sell an interest an easement.
54:21
I think. John was asking a question. I didn't mean to.
54:25
We get you there.
54:28
John, did you want to?
54:29
did you want to ask something? She covered it.
54:32
Knisely.
54:36
Yeah. Yeah, it's excellent. It's a very good understanding. It shows you a very good understanding.
54:41
Did you have something else to ask?
54:44
Really?
54:49
No, that's all thanks. All right.
54:51
All right, so, if there's nothing else y'all, I'm gonna go.
54:56
Yeah. John, also, like I said, I wanted to get started with the LLC, but I just wanted to add a couple of questions, to ask. Maybe.
55:06
I don't know if you have time now, but it's just because of the banking, the banking situation, and getting like Coinbase account.
55:12
Is there anything that you noticed that they asked for when you present the LLC, to be the new party of interest of who controls the VA account?
55:24
Well, I give you all the documents that banks going to ask for. The documents have the information that banks can ask, or it's going to ask for the articles, EIN, or approval letter.
55:31
It's going to ask you your personal ID, your SSN. It's going to ask for the entity of the company. The LLC is going to be the account holder. Now also include a banking resolution, which shows your authority to sign up for it. And also a certificate of beneficial interest is to certify who has the beneficial interest.
55:49
Right? Like How do I get the point is when you said that they extracted To go back into cash dollars USD. You would have to make sure it ran through that entity right. It would have to go to the entity of I don't know what you mean go back into cash dollars. What does that OK?
56:04
That's a crypto crypto, right so I'm gonna I'm gonna.
56:09
I'm gonna put the crypto to that entity and it's gonna, it's gonna account for the tax liability, OK, So you want to use the LLC to sell Kryptos so that it can't shout to Kryptos like you said. So I'm kinda figure out how do I get the Coinbase it give them the proper information? Is there a special when you open the account you make the LLC? The institutional account holder?
56:33
OK, it'll make that the recorded party There's not a lot of legwork to get that done, the data extra too much of that the whole, uh, you know, certain kind of documents that, that made me a little bit more articles?
56:48
The scrutiny of the of the of the of the LLC. They weren't they, they asked for its operating agreement, but we don't give them the real one.
56:55
We give them something that looks like an operating agreement, that they'll accept it's another business, and have you ever open ended someone to actually be able to open that up actual account from Coinbase or crack and thousands of them.
57:08
It's becoming a pain in the ***, but we've done it, we still do it, We still get them open, go through, but Yeah, do you remember? when I opened a crack and account?
57:19
And they, they actually Googled me, because I had another Yeah, they go, they did all that.
57:24
Then, you wrote me this nasty letter. I sent it to them, and they were like, Oh, we're very sorry, sir. Yeah, yeah. Like, like yeah, because they were, they were investigating, and so, that's why I was like, wait a minute. This has nothing to do with financial Matters. You just wanted to harass me, investigating, and look at my other business. Ventures. What does it have to do with anything?
57:45
Where are you keeping all this data, anyways? And who wants to know?
57:49
Somebody has asked me today on call, ask them for social media accounts and, of course, we laughed, and I said, it was online, too. So, you could not answer the questions as they give bogus information, and they'll prompt somebody to call you.
58:03
And then when he calls you say, Can I have your social media?
58:09
Ah, yes, C, L C for what it is, the bank is a supplier.
58:15
You're the boss, you don't have to do with the accent.
58:18
I think you have to give enough information, right? But you don't, you're doing social media and Tumblr, your grandma is.
58:27
Another comment.
58:29
Yeah, There's a bank called celera Bank which is online and kinda caters to self directed IRAs and I had trouble, I open a New Mexico, LLC just because I don't want to pay 50 but I don't want to $100 every year, OK? My bank gave me a bunch of ****. Yeah, Celera gave me no, no hassle whatsoever, so I was really glad to hear that. Yes. You can shop around sometimes.
58:49
We're just one hour.
58:51
So, John, by performing ended a month, well, we'll set that up.
58:54
You know, wish that the whole LLC, I got the paperwork from the site but so, confusing.
59:00
There's a couple of boxes to check out and check off, but it's like, you know, that information that you need to do it to the, to the, to the site map exec. Cap to photocopy. And I got a chance to do that, dealt with the photocopier. You could just throw out the order form and send an e-mail it in. Shoot me an e-mail will take care of it.
59:19
All right, Cool.
59:22
It's going on.
59:25
Yeah, thanks, John. I just had a question for you concerning the regarded as prong.
59:30
I got into a discussion with somebody and they were their argument was is that you cannot have an individualized assessment because somebody's regarded as having an illness.
59:42
And I tried to explain to them that just because whenever prong that I'd ever prong is involved in the ADA, it doesn't matter. You still have to follow the protocol of doing an individualized assessment in order to let somebody is a direct threat.
59:56
Is that a correct argument? That is correct.
59:58
Now, it goes along in the cases where working.
1:00:02
It goes along with the, with the record of because they're making a record of a disability. You're being regarded as having a disability, but it's not by the company. It's by the government. It's by everybody.
1:00:14
It's the targets. Thank you, have a disease, OK, which is a disability.
1:00:18
So, when you noticed somebody that you are regarded as having a disability, it's not on them to investigate that. It's not on you to just discuss the nature of such a disability.
1:00:27
Nor is it are you to identify who regard you as having a disability. They always come back and say, Well, no, we don't.
1:00:33
And I say, I don't care what you think.
1:00:35
I'm actually regarded as having a disability, and I don't have to tell you about it. I'm not saying you are regarded as having a disability. But somebody does, and, therefore, you can't impose medical treatments on me.
1:00:46
You have protection under the Title three, I think is a 36.1051, OK.
1:00:54
That's the equivalent of 630.9 D, which which basically says you can refuse medical treatments, and that is your right to informed consent and medical privacy.
1:01:04
It's expressed in the ADA and those regulations and it's on them to call them to prove that they they don't have to don't have to follow the ADA. Right, transitory and minor generalization and so forth. OK, well, they can't get to transitory and minor, because you haven't identified a specific disability. You just said you are regarded as having a disability. They don't know what that is so how can they conclude transitory and minor? And how can they even do that without a diagnosis? They can't do that by reading a website somewhere that describes what transitory and minor is. They'll never meet criteria either because, if, let's say, you're saying, you have a disability known the scope of my team.
1:01:42
How can they say, It's Minar, if they have all these policies and they're also definitely afraid of it, Right? How does that matter?
1:01:50
I mean, if that's minor, then, what's the common cold?
1:01:55
Right, Right, transitory, 'cause it's over six months. Right? But, that's what, that's what the commentary says.
1:02:01
It doesn't pertain to any one individual. It's just website commentary.
1:02:04
You know, it's interesting, go read where that is.
1:02:07
Which, you know, CDC, you see all those sites.
1:02:11
Yeah, go scroll down to the bottom of the site.
1:02:14
And you're going to see a disclaimer.
1:02:16
Elva content on the site is disclaim as having any legal significance or accuracy or reliability.
1:02:25
Ah!
1:02:26
Natalie, are you kidding? We slam these much. It's so hard. Whenever they say the CDC, these federal judges, cite the CDC, and we sent a page, or the disclaimer at the bottom.
1:02:37
It's a site that is it still there.
1:02:41
I mean, if I were to pull it up now and it's still very committed to take it off go, check it out, go look up.
1:02:48
All this bullshit on the Department of Health and look at the bottom of the website, now, be careful because sometimes it's only disclaiming it's disclaiming, other party's website. But if but most of the time, most of these websites disclaimed the contents on the server or that organization like CDC, an EEOC.
1:03:07
They've just gotten their entire server.
1:03:11
We got to the judges. And that's why they are so terrified.
1:03:15
They're trying to come up with new mechanisms where they can delay us forever for years of getting this thing to the court, But they were too late because we already got a handful moving that way.
1:03:23
So we only need one.
1:03:25
Yeah, did you see that one case out of Washington, where the judge exactly the Ninth Circuit judge ended up finding in favor and saying that nobody had the right It was illegal to impose vaccines And that's nice. And But, you know, the thing is, that's even true. And in other citing is the case. From 19 oh 5.
1:03:49
You're talking about, I'm sorry, I can't remember, you gotta remember.
1:03:54
Anyway, so they cite the case, right? If y'all ever read the case, it says the opposite of that.
1:03:59
This case, that case was a case where the Department of Health do what it's supposed to do. It went to the court and ask for an order compelling. This guy does that, too. I think it was a vaccination that vaccine.
1:04:12
So, here's the thing, let's say there was a law that required vaccines. You still have to go to the court to force it on somebody.
1:04:18
And not anybody can do that.
1:04:20
It's only the Department of Health.
1:04:22
So where does that put all the employers and retailers, who are they?
1:04:26
The, the Department of Health powers are not able to be delegated.
1:04:30
That's what?
1:04:31
That, 95 cases, right. Yeah, just get due process, right? I mean, they're just skip them. Everything, that case. I didn't really remember the case in 19 oh 5.
1:04:45
OK, so addicted in that case, was the court discussing the nature of what's going on in cases that you understand the case? So, here's what the court said.
1:04:53
Instead, the power to decide if a vaccine should be imposed upon a person isn't reserved to the legislature.
1:05:06
Yeah, it's a person, not an entire country.
1:05:10
It's a power reserved for the legislature.
1:05:13
Now, even if the legislature, what's an executive order?
1:05:17
It's not a power by the legislature, right, there you go. Jacobson. Thank you, Brian, and Jason's? Yeah. Thank you.
1:05:26
Yeah, Jacobson versus Massachusetts, Massachusetts. Thank you. Yeah. And I can do that.
1:05:32
Everybody does?
1:05:35
It's the opposite of what they're used for their misquoting it.
1:05:39
Yeah, OK. Yeah.
1:05:40
Even if there's, even if there's a law, you still have to comply with public health policy, which requires the Department of Health do nothing, unless a doctor, it's the Department of Health, an affidavit stating that he believes that you are a risk to yourself or others because of a either deadly contagious disease, for example, or that you've been exposed to a toxic substance.
1:06:04
That is when the department health as the cause to go to the court and ask for an order, compelling.
1:06:10
Not, no one else can do that.
1:06:12
That's our public policy guys. That's even in California in New York.
1:06:17
Where do they get this other bullshit? It contradicts public policy and if you read what they're saying, that bullshit, they're trying to push on us, you'll find out that is not conflict with the laws, they're trying to write new laws without the legislature.
1:06:30
But, like I said, even if there was such a law, you still have to go with it court and get approval to impose the law on somebody.
1:06:39
Just because there's a law doesn't mean everybody lives up over here, does the thing, doesn't work that way.
1:06:45
We have due process and the violation of consent, but about the Emergency Authorization Act, all that face-to-face.
1:06:54
So, yeah. I've just two quick questions how do I make sure that my exhibits and causes of action are get admitted? I know, you know, of course, the opposing attorney is trying to have mom, I think, dismissed. the way an exhibit is, is a collection of validation.
1:07:16
So, it is part of the complaint. So you refer to it in the complaint.
1:07:19
You describe it while you're including it and then you label it exhibit AB, whatever, then you must include it with your complaint. It is The complaint is part of the exhibit as part.
1:07:29
So, so exhibit, eggs and meat, that comes after the signature page on the last page of your It's a nice file, it It's it It's not an evidence.
1:07:40
It's just in the case, OK. So an attorney is trying to have a dismissed.
1:07:47
I need to be able to argue that I just need to make sure I can I can go to the judge and be able to argue why it shouldn't be dismissed, right?
1:07:54
Sure.
1:07:55
Let me look and look at What Did you get a motion yet, to dismiss?
1:07:59
Now, the opposing attorney didn't file a motion to dismiss, Just sent me a letter saying, we're going to be asked, I'm going to be, I'm going to be, I'm going to be asking that all of these things be dismissed, you know, we, we mean that any wrongdoing. But let me look at that and please, please schedule regular call with me talk.
1:08:23
It's not a problem.
1:08:25
OK, yeah, excellent. Yeah, let me look at what's going on there because I'll get a better deal.
1:08:30
Alright, thank you.
1:08:31
All right, Alright, thanks everybody! Hope this is helpful and informative.
1:08:35
If you want to take on a project With the Easement, let me know. I'd love to do it. I'm gonna do it.
1:08:41
Yeah. Thank you. Thank you. Yeah, The town.