Rule of Law Radio Archive Search Engine

We filed a petition for declaratory judgment that probable cause existed to perform

Randy is to file a petition, a civil lawsuit for a declaratory judgment asking the court to declare

in a declaratory judgment because of the fact that 1401 relies on 1402,

Do I go in and sue for a declaratory judgment and show all these points and say,

So a declaratory judgment would not work where you would sue in state court,

in superior court of my county and say, I'm suing for a declaratory judgment.

declaratory judgment in my favor, because they lack standing, and then go after them

So basically what you're talking about is more like a declaratory judgment on each document.

What I suggest is you not only petition the court for declaratory judgment and this is generally an expert to hearing.

Yeah, I just want to recap. As far as challenging these documents, I've got clear grounds. I can bring them as a declaratory judgment. If I'm not already in litigation and if I am, I can just schedule hearings for it correct.

You're not asking for any kind of relief other than a declaratory judgment.

Declareatory judgments, no one has any immunity from a suit for declaratory judgment.

You could sue the government for a declaratory judgment.

for that becomes a petition for declaratory judgment.

I'd like to look in Pennsylvania everywhere. We're going to have access to a declaratory judgment.

But a petition for declaratory judgment brings in both sides into an evidentiary hearing.

Well, okay, I understand that, but is there a method of doing that that is singular, or is the only method that you have a petition for declaratory judgment?

I think it's a petition for declaratory judgment, and if the other parties can't be there in their disease, then someone would have to represent their estate, and that's who they would bring in, I would imagine.

If I can't, then we just have to go to quiet title. But before I got there, I'm not quite titled to a declaratory judgment.

If we get the declaratory judgment, then the quiet title is dead big. If we don't get the declaratory judgment, we can still go for quiet title.

You go into the state court and petition for a declaratory judgment saying this document was filed in the county record,

Well, I'm looking at a motion for a declaratory judgment.

I want to bring the lender to the table to make a deal, so if we go in with a motion for declaratory judgment,

there is a provision for declaratory judgment.

You take that to a district court and a petition for declaratory judgment

It's fraudulent. You move for a declaratory judgment hearing, show it to the judge.

You're essentially asking for a declaratory judgment from the court?

that, then you can go to the district court for declaratory judgment and ask the court

we can go to a state court in a separate petition for declaratory judgment.

In your petition for declaratory judgment, the route that you go, is that what you bring up?

In your petition for declaratory judgment, the issue of MERS,

we can only go for declaratory judgment if we have MERS in the contract.

We could go for declaratory judgment on assignment and say that the assignment is void

So go in and argue that, you know, object to the judicial notice of the assignment and petition for declaratory judgment to declare that the assignment is avoided and no force in effect.

Yeah, and there may be provisions for filing that for a declaratory judgment or a written mandamus. There may be a way to waive that.

So I got a judgment against me. So my next step is I want to try to, I want to do your process of getting the petition for declaratory judgment

are the judges going to pick up on that or is that an easy decision for them to make as far as the petition for declaratory judgment?

And then sue the lender or petition the court for a declaratory judgment on the deed of trust.

So we get the declarations for, I mean, the petition for declaratory judgments.

And this way we undermine them. Once we have declaratory judgment, now we go back for quiet title.

a declaratory judgment, and get a document thrown out of the record. This is Randy Kelton,

Okay, now you need to look at filing a petition for declaratory judgment.

A guy files a petition for declaratory judgment and asks them to rule the document void and

If you, under 51903, you can go to the court and ask for a declaratory judgment.

And the declaratory judgment is had based on the pleadings alone.

And when you petitioned, the reason I asked you about that is I was going to suggest if you don't get responses petitioned for declaratory judgment.

You're a declaratory judgment based on the four corners of this document.

You might talk to your lawyer buddy to see if you can file the petition for declaratory judgment in a separate court because it is essentially a separate issue.

Go for declaratory judgment on the sufficiency of the document.

Okay, wait, wait, wait, declaratory judgment is different.

This is different than you might be able to find one to do declaratory judgment.

go to the district court for a declaratory judgment ruling that the document on which

We have 51903 where you can petition the court for declaratory judgment based on a document stating a claim against real property.

If you have anything else, then you file a petition for declaratory judgment.

If we don't get that back, then that implicates a civil action for declaratory judgment.

He's a friend of mine. But as far as any local lawyers, as I mentioned before, I couldn't even find a lawyer that was willing to handle the petition for declaratory judgment on the matter of the assignment.

wait, you can't do a declaratory judgment on an argument that the document itself is that whoever

The only thing you can do in declaratory judgment is ask them to rule on the sufficiency of the document

So when you don't get the response from the notary, now you go to the court for a declaratory judgment.

Okay. Have you done a petition for declaratory judgment on the assignment?

But when we don't get a response and we file a petition for declaratory judgment,

but that would go to declaratory judgment because the property code is very clear that a claim

for declaratory judgment we don't ask for any damages we only ask the judge to make a declaration

Is that something that could be done with a motion for declaratory judgment?

You were talking about those when we went out about declaratory judgment. I'm sorry, judicial notice.

We go to the court with a declaratory judgment

in petition for declaratory judgment

all we want is declaratory judgment based on this document

I think just some background on declaratory judgment

but an action for declaratory judgment

for declaratory judgment that I could think of

you can file for declaratory judgment

to grant declaratory judgment on

anytime you file declaratory judgment

in Texas you can file for declaratory judgment

in matters of petitions for declaratory judgment

I haven't really found any motions for declaratory judgment to plagiarize, so we're just going to

facts, and that's pretty much laid out. Everything needed to get a declaratory judgment, I think.

the signatories, then we can go to the local court with a petition for declaratory judgment

And I was wondering when that occurs, is that a summary judgment or is that a declaratory judgment?

declaratory judgment does not involve money.

All right. So we need to, we need to get this worked up. And I would be about out of time, but I'll work up the declaratory judgments this week. I want to have all those ready.

He may also be willing to take on the petition for declaratory judgment, and he may be interested

cheap and you might look at something in the nature of declaratory judgment.

But if you sue for declaratory judgment, they'd have no immunity from that.

So you can ask for declaratory judgment based on the written documents of a statement of

It actually goes to a petition for declaratory judgment, and you have that in every state.

And a petition for declaratory judgment, you can sue the government with a petition for

declaratory judgment.

When you file a petition for declaratory judgment going to title, in Texas, we have a special

Or, okay, the other one is you do a declaratory judgment first, and if you're going to attack

these issues, you attack the document first with a petition for declaratory judgment.

Once you get the declaratory judgment that the document is bogus, now you go file, trespass

He cannot go back and revisit the declaratory judgment, that's a done deal.

Yeah, and you could probably petition for a declaratory judgment to do that.

We start filing a petition for declaratory judgment in the district court immediately,

I tend to agree with you on the declaratory judgment part, and what I did in my case in

The first action, what you're doing with these letters is setting up a declaratory judgment action.

For a declaratory judgment

Just go for declaratory judgment

for declaratory judgment, move to declare that the document is void and of no force

gentleman from Maryland the other night, which was about this declaratory judgment. Is that

Absolutely. Because you got the transfer of deed of trust in 2012, declaratory judgment,

the notary, but you may not have to. You file a petition for declaratory judgment and show

for declaratory judgment and 51-903 hearings. That's a special case. If you're going

going to file on any other document, you'd file declaratory judgment. And that's because

have that, so you just go with a declaratory judgment.

the snot out of him. You file a motion for declaratory judgment and every time he files

Now, this is the kind of thing you take to the court on a petition for declaratory judgment.

We have petitions for declaratory judgment. If somebody sues you and you don't answer

While you're doing this part, look at a competition for declaratory judgment.

Make sure when you do the declaratory judgment that you only ask the judge to rule on the

That'll get your declaratory judgment tossed.

So when you go before that judge asking for this declaratory judgment, one of the things

trust, a declaratory judgment petition to throw out the assignments and transfers of

for declaratory judgments, petitions for declaratory judgment.

of tools we can use and we'll go in and file a petition for declaratory judgment on the

you'll file a petition for declaratory judgment. If it goes to a... In Texas, it's a little

the document and gives you your declaratory judgment, the foreclosure is wrongful as a

The idea of getting a declaratory judgment, a trespass to try title, that gives them more

What have I been thinking? You know, if you've been listening to the show, I've been working up a method of petitioning for declaratory judgment to get documents tossed from the county record, declared as void.

Well, it's not contested, Your Honor. If the lawyer thinks that there's a problem with that warranty deed, he needs to petition the court for declaratory judgment and have the warranty deed declared void. But he didn't do that.

for declaratory judgment, which challenges an appointment of substitute trustee, and

Your petition for declaratory judgment that I've seen relates to the appointment of substitute

Also about declaratory judgment, how do you do that?

These avoid declaratory judgment.

This forces them to have to petition for declaratory judgment.

Or petition for declaratory judgment

So and we were looking at filing petitions for declaratory judgment and trespass to try

They file a petition for declaratory judgment, we file a challenge of subject matter jurisdiction.

You know, if they file a petitions declaratory judgment, we say, wait a minute.

But the suit is a traditional quiet title suit brought under the Uniform Declaratory Judgment Act.

Okay, in this action, this is just for declaratory judgment, so you didn't ask for any damages, is that right?

And what you're doing now with the declaratory judgment, this is the kind of thing that can

Wait a minute, a petition for declaratory judgment.

Okay, so then if I went after the filing of the mortgage on a petition to declaratory judgment,

In Texas, we have a suit to try title. We have a petition for declaratory judgment, and we have a government code 51903 proceeding to test a document in the record.

Other states will have, they'll all have declaratory judgment. Every state has a declaratory judgments act. That's so you can go to the court and ask them

Then we can petition for declaratory judgment.

Have you moved for a declaratory judgment to declare that document void?

Normally you would petition for declaratory judgment.

for declaratory judgment and this goes to a wrongful foreclosure.

But I would suggest before you do that, file a petition for declaratory judgment

But what I wanted to know is if I'm going to do the motion for declaratory judgment on the document,

You do the declaratory judgment first.

You get the ruling on the declaratory judgment.

And now he's filed a declaratory judgment.

And now we're looking at a declaratory judgment.

So and in my suit, I don't, it's all, everything that I've asked for is declaratory judgment on documents in the public record.

It's all brought under the Texas Uniform Declaratory Judgments Act.

Or you could petition for declaratory judgment

Okay, I was trying to get the specific argument that I could make in a petition for declaratory judgment.

Okay, we're talking to James, and I'm talking about the, what I'm trying to do is develop a good strong argument for a most petition for declaratory judgment.

I'm trying to get a good declaratory judgment claim.

And if you sue for declaratory judgment, they can't even do that.

For instance, if you present to the court a petition for declaratory judgment,

declaratory judgment. Ask the court to order the person to produce the documents.

amount, if you ask for declaratory judgment, you would almost certainly file it with the

district court. Oh. But find out where declaratory judgments are filed. Being a hundred dollars,

But if you petition for declaratory judgment, that'll get you into the district court,

And with your discussion on the declaratory judgment, I'm wondering,

But my question is how do I go in with a declaratory judgment based on that, like you said, once we've found this claim?

Petition for declaratory judgment don't have anything to do with foreclosure.

You don't have to be bound by the mediation as concerns a declaratory judgment.

Declaratory judgment, not declaratory judgment.

That's the first. As soon as that one's done, we can come back with a petition for declaratory judgment.

Declaratory judgment attacks the mortgage or the deed of trust, the security instrument.

So we go in with a petition for declaratory judgment.

Next thing we go to is a petition for declaratory judgment.

then you go to the court with a petition for declaratory judgment,

So you do a declaratory judgment. In a declaratory judgment, ask for nothing else

So only ask in a declaratory judgment for a ruling on the validity of the document.

Now what you're going to have when you go in for declaratory judgment

That's declaratory judgment.

you take the declaratory judgment filing and you turn it into a petition for quiet title.

And here's where, on the declaratory judgment,

by then you want to be ready to come back with a petition for declaratory judgment

then you file the petition for declaratory judgment,

And primarily you want to file your original petition for declaratory judgment

You go in first with a petition for declaratory judgment,

We have a problem with the local judges on petition for declaratory judgment.

And you claim you can either petition for declaratory judgment if you haven't been foreclosed on.

You have to file a suit for declaratory judgment asking the court to grant a preliminary injunction based on promissory estoppel.

Okay. You should look at a petition for declaratory judgment.

If the other party who's affected by that feels that that document is not proper, then they have to file a petition for declaratory judgment and ask the court to rule that your notice of default is not valid.

Then petition for declaratory judgment to strike any documents that they've filed based

Once you have the declaratory judgment, then you can go in and sue them for a quiet title.

Get your declaratory judgment first.

You counter shoot essentially for declaratory judgment

or there has been no petition for declaratory judgment filed claiming that the warranty deed is invalid.

It would have to either have declaratory judgment.

They would have to go to the district court and petition for a declaratory judgment showing that the substitute trustees deed was void

doesn't mean you can't sue for declaratory judgment.

There is no immunity from a suit for declaratory judgment.

A declaratory judgment doesn't ask for remuneration for harm.

It's called a declaratory judgment.

The declaratory judgment, you're asking for answers or rulings on specific legal issues.

I'm thinking about just filing a simple declaratory judgment

declaratory judgment. Do not ask for damages of any kind here. This asks for declaratory judgment

for declaratory judgment to correct the public record,

Yeah, this is a petition for declaratory judgment.

that would go to a petition for declaratory judgment.

so I say just file a petition for declaratory judgment for me,

You asked him to file a declaratory judgment

Have you filed a petition for declaratory judgment to get the ruling from a State

So he said in two weeks, he got a declaratory judgment saying that he was a private citizen

And so he got that declaratory judgment, and he says he got pulled over once or twice,

and here is a declaratory judgment.

So it's worked every time he's gotten pulled over because he carries that declaratory judgment with him

So you've got to rebut that by changing your status or getting a declaratory judgment like this guy did.

And why do we need a declaratory judgment to let us know that we have every right

case to get his declaratory judgment, I would love to read them and go through them and

and then I can file for a declaratory judgment.

If I could contact you guys off air about information questions on a declaratory judgment.

So you file a quiet title action claiming that the substitute trustee's deed is invalid and ask the court for declaratory judgment,

And Randy, when we discussed this the last time, you mentioned about doing a declaratory judgment based on the fact that a judge would be able to look at the fact that Wachovia,

If I present that to an executive for a declaratory judgment, he should be able to look at that and see that, hey, there's no way you could have made this assignment.

I have in my attempt to put together my remedy for this assignment, showing a declaratory judgment we spoke about.

It's just a form of a petition for declaratory judgment.

A quiet title is a declaratory judgment action

Good thing about declaratory judgment

Nobody ever has any immunity from a declaratory judgment suit

You can sue a judge for declaratory judgment

Your quiet title action is a declaratory judgment.

Again, injunctions work fantastic. Fine, we get a declaratory relief, we get a declaratory judgment.

The pawn move is to sneak in there with a declaratory judgment and tell the

And then when you take the names that Joe comes up with and you take the names that are in the county record and you go to the court and you file a claim, you know, like a petition, a declaratory judgment,

And then once we get the declaratory relief in the form of a declaratory judgment pertaining to your documents, you would start at point A, and that will just walk you all the way through where you need to be, like Randy said.

I'm going to suggest that if you have a lawyer, have your lawyer prepare a petition for declaratory judgment addressing the second assignment,

and then file a petition for declaratory judgment asking the court to rule that this document is void and in no force in effect.

Which, what document did you file the quiet title, the declaratory judgment action against?

It's the declaratory judgment, you're asking him to rule on some document.

They'll give you your declaratory judgment and then they will rule that the other party has no standing to enforce a claim against the property.

It will actually go to declaratory judgment first to disqualify the document.

So do you have a declaratory judgment action filed against the document where

No, a declaratory judgment action.

And then you're thinking a declaratory judgment on the document,

to perpetuate testimony. It's not for damages. It's not for declaratory judgment. It was

office or discharged from employment. So what I would do is sue for a declaratory judgment

under the Administrative Procedures Act for a declaratory judgment that this IRS agent

He's now looking at a declaratory judgment because a year ago when I asked him to do

it'll help other people too about finding a document to get a declaratory judgment against.

This goes to the Declaratory Judgments Act.

In under Declaratory Judgments Act, you don't have to really bring a controversy to the

So when you do a petition for declaratory judgment, you do not want to ask for any damages.

Quiet title is a declaratory judgment.

It is a form of declaratory judgment.

Now, we had talked about this and you said I should do a motion for was it default judgment or declaratory judgment?

When I talked about declaratory judgment, what you're looking to do is you're not making any specific claims against the lender.

Are we looking to accomplish to get a declaratory judgment?

Yeah, just file for a petition for declaratory judgment.

Petition for declaratory judgment.

That's why I suggested declaratory judgment, and that's why the clerk referred him to a judgment.

She actually referred him to declaratory judgment.

Yeah, a declaratory judgment, all a declaratory judgment is, is you petition the court to issue an order.

In a declaratory judgment, you can sue anybody, judges, clerks.

Nobody has immunity against a petition for declaratory judgment.

So you're just asking the court to give you a ruling and that's you'll have a declaratory judgments act in California.

If you just do a search for California, declaratory judgments act, you will see, you'll find the code for that.

some insurance, file the case to get a declaratory judgment on the one piece of paper, which

Now, if you were to take that self-authenticated evidence into a motion for declaratory judgment,

a declaratory judgment, you wouldn't necessarily title the document quiet title, because you're

But if you go in strictly on a declaratory judgment, what I, if it were me, what I would

And then I take that and go and file in a motion for a declaratory judgment.

Okay, good. Because if you don't and you're asking for declaratory judgment, that's a

against the notary in the form of a declaratory judgment. Declaratory judgment doesn't ask

If you ask for declaratory judgment, it's done and over with. Now you're not going

but I didn't answer the declaratory judgment. Yeah. This is fairly simple that you made

asked for a declaratory judgment. You're not asking for a lot of money. You're not

It's strictly a petition for declaratory judgment.

the party absolutely so in my opinion declaratory judgment as to the status quo other than the

for a declaratory judgment for a suit to quiet a cloud on title with the rescission of a

so what we're looking at is a declaratory judgment so we're asking that a determination

why title is technically a declaratory judgment but you can get there without calling it quiet

so what we're looking at is a declaratory judgment to remove a cloud on title and we

Steve is that this declaratory judgment is in a court of law it's not in a court of equity

talking about we're talking about a declaratory judgment this is not we're not talking about

talking about anything but a declaratory judgment that's all you want you're in and in a declaratory

for you to get this declaratory judgment you need to identify with specificity and particularity

a declaratory judgment using Joe's affidavit now you have res judicata because it's your

as to having a declaratory judgment using the merits of legal theory as to what was

that groundwork lays everything in place for the declaratory judgment because without that

declaratory judgment you're going to let everybody complain your ballpark and then you're going

Yeah, so she, so we've asked for a no answer default judgment and a declaratory judgment

But once that debt has been discharged, like Randy said, it would behoove you to get a declaratory judgment as to

And that's one of the reasons that I've been pushing for getting the declaratory judgment prior to any action

Well, essentially a quiet title action is a petition for declaratory judgment

Make sure your quiet title action is a petition for declaratory judgment

Because it's declaratory judgment

and it's important that you not mix things up, especially when you're doing declaratory judgments

If you ask for damages, it's no longer declaratory judgment

What you're going for is go for declaratory judgment as to the determination of the status quo of the parties.

And then you would quiet the cloud on title using declaratory judgment.

If the statute says that the failure to file renders it void, then there is no need to file a declaratory judgment.

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

answer default, you know, for no answer default judgment and declaratory judgment, and I was

In a trespass to try title, if I ask for anything other than declaratory judgment,

the ruling I get if it includes anything other than declaratory judgment will be thrown out.

and the appeals court threw out the decision because under quiet title he had to get declaratory judgment.

you are seeking strictly declaratory judgment.

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

Once you get that declaratory judgment, it is self-evident that you have been harmed.

You have destroyed your status of keeping your pleading in the strict scope of declaratory judgment.

I read a case where the judge screwed the guy by giving him his declaratory judgment and giving him damages,

Give me a declaratory judgment.

file a declaratory judgment suit and ask the court to rule that the markers go where the

She had to pay for the survey and she had to pay for the declaratory judgment suit to

But it doesn't matter what TxDOT does. That's why you sue for a declaratory judgment. TxDOT's

declaratory judgment to get those markers put back where they should be. Just talking

I should think that you would be able to petition the court for a quiet title declaratory judgment

That title action is essentially a petition for declaratory judgment, and you file the

as far as like declaratory judgment or like how would I move? Quiet title. Well quiet

title is a declaratory judgment. Yeah. I was being a little more specific than just declaratory.

Okay. You do a challenge subject matter jurisdiction on the suit and then you do a petition for declaratory judgment in the district court in the form of an adverse possession claim.

Okay. You're using the term summary disposition. The more correct term is a declaratory judgment.

Okay. Okay. Declaratory judgment.

A declaratory judgment.

Okay, a declaratory judgment.

But I would like to get a declaratory judgment

for a declaratory judgment, there is no-

Well, but the declaratory judgment that you're asking for

So now, do I need a declaratory judgment

Would a declaratory judgment help here in any way?

Not unless the declaratory judgment is that

sale and deed as well as a declaratory judgment, quieting the title of the property in her name.

Right, and that's where we're trying to head because we're looking at a declaratory judgment,

This should get a motion for declaratory judgment for summary judgment dismissal because it's

going to have to have a declaratory judgment so that we can get into a quiet pile, so all

the mission's coming back and filing the declaratory judgment.

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

All you're asking for is a declaratory judgment.

All you want is the declaratory judgment.

The district court will issue a declaratory judgment hearing to determine if the document

you can ask the court to give a declaratory judgment in your favor.

So I have a declaratory judgment which is pending right now.

And the only thing you ask the court for is a declaratory judgment.

All you want is a declaratory judgment that states whether or not this document

other than a declaratory judgment, the court of appeals immediately tosses it.

A real simple declaratory judgment based on this statement by this party

you can prepare a quiet title action and file with it a petition for declaratory judgment.

You don't ask for any damages of any kind, strictly declaratory judgment just to correct the records.

regarding my suit, which is declaratory judgment?

They ask, the other side asked for declaratory judgment, right?

Okay, you asked for a declaratory judgment, did you, okay, did the judge hear your motion?

First, yes or no, did the judge hear your motion for declaratory judgment?

There's a declaratory judgment and a summary judgment motion in the court.

Summary judgment is for projected, but motion for declaratory judgment, I filed, I implanted.

If it's a dispositive motion, they don't have to hear your declaratory judgment, the case

get to your declaratory judgment because now you have to overturn the summary judgment.

This is simply a declaratory judgment suit.

Merely a declaratory judgment.

If you allow them to do anything more than declaratory judgment,

It's a declaratory judgment.

What I'd like to do is go in with declaratory judgment first

But you strictly declaratory judgment, no money involved, you just want a ruling on the validity of this document.

Right. The quiet title is simply declaratory judgment.

And if you allow them to join them, they're going to try to tie the declaratory judgment into the claim against the death collector.

And then that will destroy the declaratory judgment filing.

I filed this case and asked for no damages of any kind, only declaratory judgment.

You sue him for declaratory judgment.

It's a lot. Well, no, no, you don't go for damages. You just go for a declaratory judgment.

This would appear to make declaratory judgment quiet title cases a true uphill battle, as

This would appear to make declaratory judgment and quiet title causes a true uphill battle, as Burl thinks his quiet title action will be vacated because of the attitude of the courts.

going to file a suit claiming harm but in the declaratory judgment case you're only asking for

you only ask for declaratory judgment.

If we sue the trustee for declaratory judgment, they remove it to the fed.

I had filed some declaratory judgment cases in the state court, and every time I file

a declaratory judgment, like a quiet title or something in the state, they'll immediately

So I'm looking at filing a petition for declaratory judgment under this act.

remedy, they call this Declaratory Judgment Act.

The Declaratory Judgment Act offers a unique mechanism by which advocates may seek to remedy

will get you in the federal court, it can get you in under the Declaratory Judgment

It may be more effective to file under the Declaratory Judgment Act directly in the federal

court than rather than try to petition for declaratory judgment in the state and have

you will get a link to Section 9.3 of the Federal Practice Manual, the Declaratory Judgment

You can file under 28 USC 2201. That's a declaratory judgment statute in the Fed.

You only get a hit on it at the same time. And look at what it says about the declaratory judgment in the Fed.

So with a declaratory judgment, you got one single issue to argue. It's not so complex.

If you can get that declaratory judgment, then you can go back and the one thing, you know, challenge subject matter jurisdiction can be filed at any time, no matter how remote in history.

I consider the declaratory judgment as a pawn move.

And the judge dismissed my declaratory judgment suit because I didn't claim damages.

It's a declaratory judgment suit.

And we're talking about declaratory judgment and how to use declaratory judgment as a pawn move.

And that's exactly what a well-crafted quiet title or a declaratory judgment suit can get you.

That's the Declaratory Judgment Act in the Fed.

Yes. So that should be pretty much an open and shut declaratory judgment, shouldn't it? I mean, there's not much...

That's why I'm thinking using the Federal Declaratory Judgment Act.

And you go to the court under the Federal Court under Declaratory Judgment Act and ask the court to rule on the rights of the parties.

So now I move for declaratory judgment on the deed of trust.

Okay. Whether or not I can do that declaratory judgment as an adversarial, Randy, should I go ahead and take Wells Fargo off the list of creditors?

That's the declaratory judgment statute in the Fed.

And in a declaratory judgment issue, you ask the court to declare the rights of the parties.

Had you made a request for declaratory judgment, they couldn't dismiss it under 12b6.

which recovery can be had, and he did not have a request for declaratory judgment.

The declaratory judgment would have stopped it, the dismissal.

Not at this point, except you can file a action specifically requesting declaratory judgment

That's the federal version of petition for declaratory judgment.

So it's only declaratory judgment.

I generally do that with a declaratory judgment suit.

The best way to handle 12B6 is to put in a petition for declaratory judgment.

And the best way to do that is with a declaratory judgment suit.

They cannot rule 12B6 a declaratory judgment suit.

A declaratory judgment suit does not ask for recovery.

dismiss my declaratory judgment suit because I failed to properly make a claim for damages.

It's a petition for declaratory judgment.

But 12B, you do a declaratory judgment first.

They both go to declaratory judgment.

And with a declaratory judgment, they've got a problem because now you don't have to state a claim.

But the thing about that is once you do the declaratory judgment suit,

You have a declaratory judgment suit.

It really doesn't have anything to do with the declaratory judgment.

but I wouldn't think they would be able to intervene then file a claim against you in a declaratory judgment case.

I spoke to that earlier in petition for a declaratory judgment.

We start out with declaratory judgment.

Declaratory judgment can't be dismissed under Rule 12.

What we do is we file a 28 U.S. Code 2201, petition for declaratory judgment, and ask

We're filing a strictly a declaratory judgment suit.

then you might want to look at 28 U.S. Code 2201, Declaratory Judgment Act.

It is essentially a Declaratory Judgment Act.

And what this allows you to do is petition for declaratory judgment.

Now, the good thing about petitioning for declaratory judgment is that you avoid

In a petition for declaratory judgment, there is no claim.

I filed a petition for declaratory judgment in the state.

This is a declaratory judgment.

But he dismissed the declaratory judgment case

A declaratory judgment does not ask for recovery.

And if you file a declaratory judgment, do not ask for anything back.

What a declaratory judgment petition is,

And what you do is a declaratory judgment on the deed of trust.

Brian, I would certainly look at a declaratory judgment suit.

If you're not careful, the judge will grant you a judgment and then the Court of Appeals will overturn it because it's not a proper quiet title action or declaratory judgment action.

Once you get to discovery, they're going to start screwing around with discovery and then you start hitting them for sanctions and moving them toward a declaratory judgment against them.

If you're in there with a declaratory judgment suit, they can only lose.

The question though on the declaratory judgment in federal court, can most of that be done outside the courtroom?

I would suggest you go for the declaratory judgment because this is kind of a bank shot.

And declaratory judgment of this nature is a pawn move.

And if they're out of time, then file a declaratory judgment action against the mortgage instrument.

So based on that, you file a petition for declaratory judgment asking the court to render the mortgage instrument void.

If not, you still have a pretty good declaratory judgment claim.

this guy just filed a petition for declaratory judgment,

It's a pure declaratory judgment suit,

So we go in with the declaratory judgment

So the declaratory judgment is for the purpose of getting the discovery.

If they can't produce the discovery in the declaratory judgment suit,

and they filed a rule of motion to dismiss even though it was a declaratory judgment.

So what you're saying is, is a declaratory judgment filed after filing a debt validation letter

No, we don't do the declaratory judgment suit until we get a notice of acceleration.

and then we do a very finely focused petition for declaratory judgment.

We do a declaratory judgment and say,

You might file a petition for declaratory judgment asking the court to declare the rights of the parties.

then a petition for declaratory judgment just asks the court to rule on the rights of the parties.

You're going to have in Tennessee a declaratory judgment statute.

What I'm thinking is, if I remember right, a declaratory judgment suit either doesn't cost

but if you petition for declaratory judgments, it's 15 bucks.

When you had mentioned about a claim for declaratory judgment, so when someone filed,

when a claim for a declaratory judgment is filed, do they file that following a notice of

So, that's the, we would do a declaratory judgment in that case, but we're not up to

And the first thing we want to do are declaratory judgment suits.

So what we tend to do now is file a petition for declaratory judgment.

If we go in with a well-crafted and finely focused petition for declaratory judgment,

A petition for declaratory judgment does not ask for discovery.

I filed criminal charges against Judge McBride in Fort Worth because I filed a petition for declaratory judgment.

This was a declaratory judgment suit.

But if you file a declaratory judgment suit, that's a different can of worms.

But if you do a declaratory judgment, there's no grounds for Rule 12.

I filed a quiet title action, which is a declaratory judgment suit.

So I filed a declaratory judgment suit.

This was a declaratory judgment suit.

a good idea for me to go over again, and that is declaratory judgments.

access to remedy is a declaratory judgment suit.

Declaratory judgment suits by their nature take you to one specific issue.

So it's good for us to start out with a declaratory judgment suit.

Now what a declaratory judgment suit is, and you can find it in the Fed under 28 USC 2201.

It doesn't ask for damages of any kind, and if you find a declaratory judgment suit, don't

2016, and we're talking about declaratory judgment, and when I ran off to Cliff, I was

I had Judge McBride dismiss with prejudice my declaratory judgment suit.

It's a declaratory judgment suit.

And a declaratory judgment suit goes to one specific issue and one only.

Now the declaratory judgment suit is really easy to write the order.

once you have the declaratory judgment it becomes res judicata.

If you're going out with a pro se legal issue consider a declaratory judgment suit first

You can file two or three declaratory judgment suits until you get these facts established.

We do declaratory judgment they can't get to rule 12.

what you can get declaratory judgment for.

You can get declaratory judgment for anything that the court would be required to take judicial

When you file for declaratory judgment you want to file and ask for a declaration based

where the judge would not be so tightly bound as he is in declaratory judgment.

I hope that makes sense but anyway that's my story on declaratory judgment.

Well this is declaratory judgment, that is the only thing before the court.

other side simply did not understand what a declaratory judgment suit was and that's

So anyway enough on declaratory judgment, we do have one caller, we're going to go

The habeas is in the nature of a declaratory judgment suit.

A declaratory judgment does not ask for any damages.

I filed a declaratory judgment suit.

And this is the point of the declaratory judgment act, is if there is a issue that is ruled

That's always where I want to go first, and that's why in referencing the declaratory judgment,

So as a matter of strategy, I suggest if you're considering petitioning for declaratory judgment,

What part of declaratory judgment is hard for you to understand?

I mean, declaratory judgment does not lend itself to a motion to dismiss for failure to state a claim.

So if you have declaratory judgment and claims, I suggest you do the declaratory judgment first.

And as soon as you get a ruling in the declaratory judgment, even if you get one against you,

You said that you didn't put in a claim no declaratory judgment no request for damages

That's declaratory judgment so you state that the judge erred when he ruled that you did not ask for declaratory judgment

He declares a certain thing there's declaratory judgment and there's relief relief is where he grants you compensation for harm otherwise it's declaratory

So he erred when he claimed that you didn't ask for declaratory judgment

A petition for declaratory judgment suit.

You can petition for recovery, or you can petition to ask for declaratory judgment.

You ask for a restraining order, that's declaratory judgment, because you don't get compensation

That's declaratory judgment, but we have another aspect of declaratory judgment where you can

So we'll go for declaratory judgment stating that the deed of trust is void as to this

And when you go to them for declaratory judgment, you say, okay, guys, you claim that you're

So assume and ask for declaratory judgment.

And one of the things I'm looking at, David, instead of suing for damages first, you go in for declaratory judgment.

And in this case, I would go in for declaratory judgment asking the judge to command the chief justice of the Supreme to perform his duty as a magistrate.

file a petition for declaratory judgment

it was a declaratory judgment suit.

And then about a declaratory judgment,

That's the declaratory judgment statute.

In the Fed, they don't call it declaratory judgment.

Okay, here's the deal. 28 U.S. Code 2201, creation of remedy. The remedy they created was a petition for declaratory judgment.

So now we're going in with a petition for declaratory judgment. I did that in Fort Worth. I did a quiet title action in the state.

The Wells Fargo removed it to the Fed and it's a declaratory judgment suit.

The thing about declaratory judgment, if you have a case you want to bring before the court,

and then before you file your civil action, file a petition for declaratory judgment.

I filed a motion for declaratory judgment. Wells Fargo, who sent a notice of default,

that's why you do declaratory judgment first, because they don't know what all your claims are going to be.

Okay, that goes to a declaratory judgment suit.

So what you want to do is file a petition for declaratory judgment

It says the same thing, and I just help the woman file a declaratory judgment suit

Okay, and that would be a federal declaratory judgment, Randy?

until this declaratory judgment suit can be had,

The only way I've been able to get past Ashcroft Twombly is with a declaratory judgment suit.

I filed a declaratory judgment case in the state.

So, we do that with a declaratory judgment.

Declaratory judgment does not ask for any damages.

This is a petition for declaratory judgment.

So what we do with a declaratory judgment is we go after that claim,

If we go in there with a declaratory judgment based on who can enforce the claim against

Okay. Now, before the criminal complaint, wouldn't you suggest that the declaratory judgment come first?

I filed the action. It was a declaratory judgment action.

That's why I filed a declaratory judgment case so I could avoid 12b6.

One thing you could do is sue them, sue for a petition for declaratory judgment and ask

But a declaratory judgment doesn't ask for damages.

I was calling because I have found a declaratory judgment on a case that's pending as it relates

You filed a petition with a declaratory judgment.

Was the petition for declaratory judgment, was the order by the judge an order that ended

Was there anything else in the declaratory judgment that kept the case moving?

If that order had ended the declaratory judgment case, then after 30 days, it's over to rescue

In the declaratory judgment suit, what else was included in the declaratory judgment suit?

If the declaratory judgment suit only had a request for declaratory judgment and then

Did they file an appeal after the order in the declaratory judgment suit?

Did they object to the joiner and claim that the declaratory judgment suit is res judicata

You object, challenge the subject matter jurisdiction of the court as concerns the declaratory judgment

No, no, no, no, no, no, declaratory judgment.

Now the other side has filed a motion claiming that declaratory judgment was denied.

You put in your pleading that the declaratory judgment was denied when, in fact, here's

I would suggest that you petition for declaratory judgment under 28 USC 2201.

Yes, it's just, that's a petition for declaratory judgment in the Fed.

It's a declaratory judgment suit.

So simple declaratory judgment suit, send me an email.

I'll send you my declaratory judgment suit on that issue.

Do the declaratory judgment first.

Once you've got the declaratory judgment in, they can't get a 12B6.

Now you go to discovery, in the declaratory judgment, you can discover everything you

Wait a minute, I thought the declaratory judgment's in federal court, not in the state, right?

Every state has a declaratory judgment act, but you're probably better to file this in

Jasnowski's a FAT suit and you've got the declaratory judgment act.

So when I get a declaratory judgment, a quiet title removed to the Fed, I don't file a motion

I want to do is file a petition for declaratory judgment and under 28 USC, what is it?

the initial suit as a petition for declaratory judgment.

Of course I failed to state a claim because it was a declaratory judgment suit.

You might look at your next suit as declaratory judgment only.

What that does is you get the declaratory judgment, then the civil action is a dumb deal.

And it's easier to get them to rule on a petition for declaratory judgment than in a suit for damages.

So you use the declaratory judgment suit to bypass the 12b6 dismissal and get to discovery.

But by doing a declaratory judgment suit first, it's easier.

My declaratory judgment suit's about four pages.

So you would file a declaratory judgment under what authority did Bob put on a costume with a badge and a gun

I filed a petition for declaratory judgment with the state in the form of a quiet title action.

It's a petition for declaratory judgment. There is no recovery.

for declaratory judgment with prejudice on a rule 12 motion for failure to state a claim

on which can be had. Well, in a declaratory judgment suit, there is no claim for which

I just sent an email to a lawyer. I filed a petition for declaratory judgment in California.

I file a quiet title action and ask the court to give me a declaratory judgment

So what you do is you file a petition for declaratory judgment.

Well, Bubba, that was a declaratory judgment suit.

A declaratory judgment case gets around a Rule 12B motion to dismiss.

So you do the declaratory judgment case,

Find a gap, file a petition for declaratory judgment to quiet title

Yeah, you file a declaratory judgment suit.

Look up the Declaratory Judgment Act for New York.

and you file the petition for declaratory judgment.

It's declaratory judgment. There are no claims.

The problem was it was a declaratory judgment suit, so there was no recovery.

to the declaratory judgment well they probably won't unless you set it for hearing the other

a real controversy it does bring a controversy if you read what the declaratory judgment does

failure to state a claim the declaratory judgment suit there is no claim no there's not not an

the declaratory judgment suit they have no rule 12 option

the parties and that's to file a declaratory judgment act then take it from there then file

my position i helped a woman in california file a declaratory judgment suit and the other side filed

wanted to to address about the quiet titles issue the one i mean the declaratory judgments that you

The way we fix that is we petition the court for declaratory judgment.

because it was a declaratory judgment suit by its nature, and he dismissed it with prejudice.

But this was a declaratory judgment suit.

A quiet title is a petition for a declaratory judgment.

So you sue your lawyer for, okay, the case that you filed, was it a declaratory judgment case or did you ask for a recovery?

that the deed is void. A quiet title action is a petition for declaratory judgment. When

Here's their problem. With a quiet title action, that's a petition for declaratory judgment.

Declaratory Judgment Act, you can come to the court and ask the court to declare the

Now, that might have been okay, except that the case that was filed was a declaratory judgment suit.

But with a quiet title action, it's a petition for declaratory judgment

A declaratory judgment suit does not ask for recovery

If you make your argument carefully, is this amenable to a declaratory judgment request?

The reason I always like declaratory judgments first is if there is a diversity or if it's

If you do a declaratory judgment, it's not amenable to 12B6 because it doesn't ask for

I filed a quiet hodl action, which was totally a declaratory judgment.

The trick of the declaratory judgment suit first is it gets you past the 12B6 and gets

Because I petitioned for declaratory judgment.

and the bank was ruled a declaratory judgment, our attorney filed her brief late, all of

that caused a declaratory judgment for the bank, so the bank said they were going to

We filed a declaratory judgment, petition for declaratory judgment and this is the only

Well, they've already gotten the declaratory judgment in their favor.

Well, the declaratory judgment was given because the judge was at a precipice of, I need to

then they said, well, we don't believe it. But they didn't file for declaratory judgment to say

court. It became a petition for declaratory judgment. So it fell under 28 USC 2001. I think

that's the right one. It's the declaratory judgment act for the feds. In the quiet title

Declaratory judgment asked for nothing. They filed a real 12 motion to dismiss for failure

This is a petition for declaratory judgment.

of Fort Worth, for he dismissed my petition for declaratory judgment with prejudice for

declaratory judgment against the attorney general in the Travis County District Court seeking

Well, I also have the declaratory judgment in that.

Wouldn't a reversal of the declaratory judgment be a quicker avenue because they-

judgment and that's what they dismissed was the declaratory judgment, then yeah, you would

because the declaratory judgment is not the suit, it's the result of the other side's

If you've already gotten past that point to the declaratory judgment stage and that's

get to the point of declaratory judgment without the suit standing up long enough for the judgment

How could the court come after you petition for declaratory judgment and go, hey, wait,

So you can't win declaratory judgment.

You're just asking for declaratory judgment.

never addressing any of my points? Right. You bring a declaratory judgment suit.

Declaratory judgment doesn't ask for any money, doesn't ask for any damages,

federal court with a 1983 or with a declaratory judgment suit.

Yeah, you don't actually sue the justices. A petition for a declaratory judgment is

declaratory judgment or declaratory judgment suit that you're not asking for any damages.

In that case, it goes to a declaratory judgment in that the court is making a determination

based on the rights of the parties. That's essentially what a declaratory judgment case is.

as a separate type of adjudication other than references to declaratory judgments.

have immunity for is a declaratory judgment suit.

Motion for declaratory judgment or is it declaratory ruling, which is correct?

I called this intake officer and told him that I've filed a declaratory judgment suit

There's one trick that we have and that's a declaratory judgment suit.

You sue them claiming declaratory judgment and they have zero immunity.

$250 and $350, however, if you file a, I'm sorry, if you file a declaratory judgment

action, it only costs 15 bucks, and if you file a petition for declaratory judgment,

Now this is a declaratory judgment, they cannot file a motion to dismiss a failed state of

my quiet title case, which was written as a declaratory judgment suit, he dismissed

The declaratory judgment suit will put them in court and stick them there, they'll have

This is, we petition for a declaratory judgment in the district court under the Declaratory

Declaratory judgment in Texas only costs $15.

Then you bring all of these guys in the district court, and you ask for a declaratory judgment.

In a declaratory judgment suit

declaratory judgment

And I want a declaratory judgment

When you file a declaratory judgment suit

declaratory judgment suit at all.

that you filed a declaratory judgment suit

in the declaratory judgment suit.

in the declaratory judgment.

I don't know why we haven't been using declaratory judgment because you can go in with a declaratory

But when you come in with a declaratory judgment, you're not asking to recover any damages from

And if you go over that declaratory judgment thing that you do.

Declaratory judgment.

Foreclosure I've been doing declaratory judgment for a long time.

Well, we were talking about declaratory judgments, but I was just wondering if it would be a

Here's the deal about declaratory judgment.

A declaratory judgment suit, the Declaratory Judgments Act was implemented for the purpose

That's the purpose of a declaratory judgment suit.

So I filed a declaratory judgment suit.

When you file declaratory judgment, since you're not asking to recover harm, you're

I asked for a declaratory judgment suit.

I've had a friend of mine file my declaratory judgment suits a couple of times after that

Point of the declaratory judgment suit, no immunity, and it can't be dismissed under

Only a declaratory judgment.

We're talking about declaratory judgment.

The great thing about declaratory judgment, I don't know how it is in South Carolina,

But if you file a declaratory judgment suit, it costs $15.

So for 15 bucks, you get to go file a declaratory judgment suit in the district court.

You file a declaratory judgment suit or you sue them for $10,000.

And a declaratory judgment suit will drive them up the wall.

And because the tool is up and working, I put in the original declaratory judgment suit.

I've put together a declaratory judgment suit.

unstated presuppositions, and it causes you to miss things, a petition for declaratory judgment.

You can file a petition for declaratory judgment, and I'm not sure how it is in Arizona, but it's

probably similar. A petition for declaratory judgment is where you ask the court to declare

dollars however most every state has a declaratory judgment law and the purpose of a declaratory

the public record so i file a declaratory judgment suit i want the court to declare the

school board didn't bother to address this issue for you you might look at a declaratory judgment

Well, hold on. Do you have a declaratory judgment in Wisconsin?

We have a declaratory, and they'll call it declaratory judgments, a summary judgment as a rule of law. If you have unanswered or the emitter denies create a no, there is no matter here.

Then you might look in the Fed for a declaratory judgment suit because they cost a chump change.

But you can file a declaratory judgment suit for $15.

So you petition the Fed for declaratory judgment on an issue that the state court would then have to recognize as res judicata.

And you jerk these lawyers out into the Fed to have to deal with the declaratory judgment suit.

Okay, the declaratory judgment suit. Ask for nothing. No damages of any kind.

Then you're under the Declaratory Judgment Act. If you ask for any damages or even allow the judge to grant you any damages,

then one of the ways they'll screw you around with declaratory judgment is grant you attorney fees or something.

That's one of the things declaratory judgment is specifically for. I mean, the extraordinary writ is for.

The declaratory judgment. Mandamus. Yeah, I was going to do it as Wisconsin's supervisory writ. But same effects.

I guess I won't go with the federal declaratory judgment.

Okay, you were talking about declaratory judgment.

So what about the declaratory judgment?

Petitions for declaratory judgment is civil in nature.

And there's really not a statute of limitations on petition for declaratory judgment.

But the declaratory judgment is really a setup for civil suit.

So if you're going to do a declaratory judgment,

one thing you could do is go into the court and ask for a declaratory judgment.

And what a declaratory judgment is, is where you ask the court to declare the rights of the parties

So if you go in with a declaratory judgment, you're not asking for any damages against the public official.

So you don't have to prove it's wrongful anymore. You already did that in a declaratory judgment.

So in that regard, you would want time to get in the declaratory judgment before the suit itself.

I should actually have the declaratory judgment done before filing for a civil court or a criminal court.

You were talking to her about a declaratory judgment. And this declaratory judgment,

If you jerk them out into the appeals court, you appeal it and ask for a declaratory judgment.

Well, no, this is not a declaratory judgment. It is not a federal issue. The every county in every state that has a county recorder has a statute that essentially says what Texas 13.001 says and California's 1214 says that any document not properly acknowledged or proven.

And on that you do a declaratory judgment that under the laws of the state, an agent cannot act for a dead guy. And since the company is a person underlawed, the person died.

Okay, you're preparing to file a declaratory judgment.

and then we go in, petition for declaratory judgment on a key piece of information

And then we can come back and sue the lender directly using a judgment in a declaratory judgment suit.

Declaratory judgment suits are very inexpensive and they don't ask for any harm,

If you get the declaratory judgment suit in your favor, very good chance the bank will come to the table and make a deal.

So basically you're saying the best thing is not to file for quiet title, but for declaratory judgment.

If you petition for declaratory judgment, that's a whole suit they have to fight.

He got my petition for declaratory judgment.

I filed a petition for declaratory judgment and they filed a rule 12 motion to dismiss what is wrong with that picture.

The petition for declaratory judgment doesn't have any claims. That's the whole point.

I've had about four or five people file my same petition for declaratory judgment in the federal court in Fort Worth and Judge McBride has not dismissed a single one of them.

And I'll keep adding to them more fun and games. One of the ones I want to get added to it is a petition for declaratory judgment to the district court.

Cost you 15 bucks to file a petition for declaratory judgment in Texas.

He can do it with a summary judgment motion or a declaratory judgment motion early on.

suit it cost about 250 bucks but if you file a petition for declaratory judgment cost 15

a declaratory judgment suit and here's the way I've been doing that is in this is this

a long time or I would give him this tool declaratory judgment we talked about that

early in the show Scott Richardson filed a whole bunch of three declaratory judgment

a declaratory judgment claim well the lawyers just simply did not understand what was going

on declaratory judgment is a extra is a separate remedy it's not extraordinary it's separate

with a protracted lawsuit but lawyers don't use declaratory judgment they want to charge

them so I want to go in with the declaratory judgment I did one in Fort Worth Judge McBride

judgment suit for failure to state of claim duh it's declaratory judgment there is no

one so I charged him criminally he does I've had several people file my declaratory judgment

for declaratory judgment this judge did not rule on this specific issue it has to be in

valid he rule on those they're not before the court so you go into declaratory judgment

it they don't do declaratory judgment well boy I I've never gone now I've never gone

And flipping them over to declaratory judgment

And then you filed a declaratory judgment

And put it as a declaratory judgment

They did not understand the declaratory judgment

And declaratory judgment is a tool that was put out there

They gotta search out declaratory judgment

And that's why you filed declaratory judgment

All I'm warning is the declaratory judgment

federal court for a declaratory judgment declaring that the failure on the part of these public

And instead of filing a suit against them for damages, you file a suit for declaratory judgment.

And I don't see Scott Richardson on here yet, but I want to bring him in on what's happened to him when he filed declaratory petitions for declaratory judgment.

And oh, this is where it was going, declaratory judgment suit.

Most of the time, lawyers don't do declaratory judgment suits.

declaratory judgment is intended as a shortcut, where you believe you have a claim under law.

Well, declaratory judgment is kind of a sneak attack.

But if you file a declaratory judgment suit in the federal court and ask the court to

I filed a petition for declaratory judgment in the federal court in Fort Worth and Wells

This is a declaratory judgment suit.

You're asking for declaratory judgment.

Declaratory judgment is a short circuit.

They won't make much money doing a declaratory judgment.

file in declaratory judgment suits and then build their clients for.

So he filed an amended complaint and only asked for declaratory judgment.

Okay, declaratory judgment suit.

Now, okay, we go back to declaratory judgment.

But it accept declaratory judgment.

Okay, that's where we're looking to go with declaratory judgments suits.

Exactly. That's the beauty of a declaratory judgment.

Because in declaratory judgment, you don't get into the issue where a judge says, I'm not going to give someone a free property.

And this goes to declaratory judgment.

Then if you get that ruling in your favor, which is much easier to do in a declaratory judgment suit than in a suit for wrongful foreclosure,

The second court cannot revisit the decision of the declaratory judgment court.

Well, I was listening to you talk to Scott about the Declaratory Judgment.

I think we asked for declaratory judgment in our constitutional challenge.

And then we show the application of the commercial transportation code to the two different entities and then go in with a declaratory judgment suit and ask the court to rule that an automobile is a motorized conveyance used for private travel.

We get that in a declaratory judgment suit.

What rulings would we need so that when you address the issue of private travel, we would have them in place in a declaratory judgment suit.

If we can start developing some declaratory judgment suits because they don't look so intimidating.

But the more I look at declaratory judgment suits, the more I like the idea of them and the more powerful they appear to be.

Declaratory judgment.

Declaratory judgment.

him, since I filed that declaratory judgment as an answer, whatever he filed, it wasn't

That was the idea of the declaratory judgment suit and it looks like it's going to work.

But now that everything's moved over for declaratory judgment and just ruling on the facts of the

everything got changed to declaratory judgment.

matter jurisdiction, I mean, I'm sorry, a declaratory judgment suit and what we're asking

They filed those declaratory judgment suits, they filed them as an amended and when you

So now these complaints as the declaratory judgment, they're just going to have to be

So instead of addressing those issues, Scott filed a declaratory judgment suit which bypassed

And when you don't ask for damages and ask for a declaratory judgment, there is no immunity

or, you know, they're trying to get it to where these declaratory judgments couldn't

They don't like this declaratory judgment for no amount of money.

And that's because they don't do a lot of declaratory judgments and they can't go to the file and

You might take these issues and file a declaratory judgment suit in the district court.

I don't know if this was the intent of declaratory judgment.

Now you go to the district court for declaratory judgment.

And one of the ones I have to get prepared is a petition for declaratory judgment on

One declaratory judgment issue you definitely want to go for is examining trial. I just finished a motion on that subject that, like Scott said, is actually a brief.

Quick question about declaratory judgments that you're doing on a mortgage related stuff.

If you do a declaratory judgment, you know, it's just a partial suit.

You can come back with a second pair of declaratory judgment or a third.

We're going up the Rule 12, Rule 8, and the Rucker Feldman doctor in trying to get this thing dismissed, and I'm wondering if maybe I should back out of this case and do these declaratory judgments before...

So if I filed a declaratory judgment suit, I would want to look at who was the original lender.

You file a declaratory judgment suit on that.

Texas government, local government code, 51903. There is a sample form for that particular declaratory judgment suit.

I kept them in court on a declaratory judgment suit on that issue for seven years.

That's why I've been asking how long it takes to do the declaratory judgment if I can get it one done fast

Okay, strictly a declaratory judgment suit and they're not asking the federal court to preempt a state prosecution.

So that was kind of our point in going to declaratory judgment suits because it's easy to stick them in the courts and it's hard to get them to raise an objection against them.

A declaratory judgment suits is intended to be quick and simple relative to a full-blown civil suit.

And before you sue someone claiming that you have a right and get into the whole discovery and petition and answer and all this back and forth, you can go do a declaratory judgment suit and get a ruling on whether or not this applies to you.

that we filed protection for declaratory judgment suit against the municipality. That was the

focus of the declaratory judgment suit. It was in the form of a constitutional challenge.

But now you followed the declaratory judgment with the federal district court and asked the district court to rule that a clerk stamp or seal authenticate a document.

If I come back with a declaratory judgment suit based on my loss with the appeal.

If you're going to go back after them, all these points that you don't want thrown out or stuffed under the rug, you might go for declaratory judgment on them before you go to trial with them.

Yes, declaratory judgment.

If you don't support with standing law, then you need to move for declaratory judgment on it.

But if you're not in suit with anybody on anything and you file a declaratory judgment suit, you can't.

So how do we get to declaratory judgment when we don't have an opposing party and therefore don't have a real controversy?

Should I do a declaratory judgment in the federal district court?

In our amended complaint, we filed a petition for declaratory judgment against the city

And under declaratory judgment, there is no immunity

Okay, let me explain why I asked that question that way. I'm thinking in terms of petition for declaratory judgment.

A petition for declaratory judgment only asks the court to rule on a point of law.

We file a declaratory judgment on that singular issue.

I think every state has a declaratory judgment statute now.

And in Texas, declaratory judgment costs $15.

To file a civil action is about $253,000, but declaratory judgment is only $15.

And that power of authority is necessary as per your declaratory judgment ruling.

That's not evident in the public record for a court to give you declaratory judgment.

A good declaratory judgment suit, you want to make it real easy for the court to make the ruling and box the court in with very clear law.

I think it sounds great. So, in other words, I can file a declaratory judgment, a motion

to file a declaratory judgment, and ask for the fact that the person signing for MERS

your declaratory judgment, it becomes Residucata and another court cannot revisit it. Now rather

No mixing these things around. So there's the then separate declaratory judgments that

is the declaratory judgments. I'm looking at, in the future, before we actually go into

of law need to be ruled on. And then we file a petition for declaratory judgment separately

after it first, a focused declaratory judgment on to undermine that one. And once we got

That's a good place to go back with a petition to declaratory judgment.

When we come back, I want to talk about the potential use of declaratory judgment as a separate tool outside the ongoing litigation, and I don't understand why it's not used more, and I'll explain when we come back on the other side.

Okay, you had told me about declaratory judgment before, and you had told me that one of the ways to do it, I guess, is the fact that... And I had just said that a few minutes ago. Let's see, I've got to get the right wording.

And then I saw, and I guess based on that declaratory judgment, next, I did find that it was written that in New York State, if you file an assignment, I think this is related to it. You tell me if I'm wrong.

If... Whatever has happened with a foreclosure, if you can go in and do a declaratory judgment suit on this document and ask the court to rule on the validity of the document as filed in the public record, you don't care if the filer actually was the holder.

And declaratory judgments, a nice way to go about that. You file a petition to declaratory judgment and include it plain abatement. You claim that this document was, you're not claiming that the holder or that it was someone intentionally committed fraud.

I don't know what the declaratory judgment is. You're going to have to help us, please. Now, I sent you all those PDF files again because you wanted me to go through and date them so that they would go 1, 2, 3, 4, 5, 6, 7, 8, 9, 10.

All right, can you help us with the declaratory judgment and all that?

But I had three other people file my petition for declaratory judgment that I was filing

He dismissed my declaratory judgment suit for failure to stay to claim, and he dismissed

But I've had three people file declaratory judgments, my declaratory judgment.

This judge does not dismiss petitions for declaratory judgment anymore.

And if they don't dismiss it, then you might look at filing a declaratory judgment suit in a district court just for yucks.

In tenant in Texas, a regular civil action cost between $250 and $300 to file, but a declaratory judgment suit only costs $15.

I don't remember the federal courts giving me a discount on declaratory judgment suits like the state did, but there might be my check.

So check the amounts, you know, if it costs the same to file a declaratory judgment suit as a civil suit, then it might be a little bit cost prohibitive.

And the declaratory judgment takes them all to the district court for 15 bucks.

I said about a declaratory judgment.

That's a declaratory judgment.

Well, that's what the declaratory judgments were?

Yeah, declaratory judgment doesn't ask for any harm. They don't ask for any damages at all. You asked the judge to rule on a point of law.

So if you can get a declaratory judgment on a piece of documentation that the bank is relying on, you undermine their whole position.

All right. Now, can she do what you said, and that's file, a declaratory judgment?

A file for a declaratory judgment?

is to file a petition for declaratory judgment on the document just after the break-in title.

This is about Virginia's foreclosure. Tell me everything about the declaratory judgment.

And we do that with declaratory judgment.

You were merely filing a declaratory judgment

in a declaratory judgment suit

And even with traffic, we'll move into the higher courts because I'm going to start producing petitions for declaratory judgment.

The second assignment has to be void, the declaratory judgment.

Now that gives her time to file a declaratory judgment.

them fast. Here we go. With declaratory judgment, it is in Virginia's best interest

to drag this out as much as possible, within reason. How long do you think the declaratory judgment

declaratory judgment? The last one? No, no, no, no. You don't go after a judge for declaratory

And the way I like to file the petition for declaratory judgment, a petition for declaratory

In the matter of a petition for declaratory judgment, you do not have to bring a controversy

file a motion for summary for declaratory judgment based on let me think let me think

declaratory judgment as a matter of law and the clerk generally in most states the clerk can sign

so you'd have a very good declaratory judgment claim

is a petition for declaratory judgment that's relatively easy to prepare and file, and then

for declaratory judgment, and then ask for a restraining order.

declaratory judgment. Here it might be good to go ahead and file in the federal court

I suggest that he files an amended answer. File a petition for declaratory judgment.

A petition for declaratory judgment does not ask for any harm or damages.

A petition for declaratory judgment asks the court to rule on the rights of the parties.

A declaratory judgment cannot be dismissed for failure to state a claim.

I had a federal judge in Fort Worth dismiss my declaratory judgment for failure to state a claim.

Duh, the petition for declaratory judgment doesn't have a claim.

his attention because the suits he had been dismissing out of handy, my declaratory judgment

suits, he dismissed declaratory judgment suits for failing state of claim.

or something and he dismissed that suit, now technically you go for a declaratory judgment

Oh, actually, other than just turning in declaratory judgments and rewriting one as a social matter

They fail to prove all the elements of the charge, so you move for declaratory judgment.

Okay, so the declaratory judgment that we asked,

So we asked for a declaratory judgment.

I'm not clear on what a declaratory judgment is.

Well, the declaratory judgment was the only claim against the city.

was a declaratory judgment claim.

So the declaratory judgment, that's what I'm still not understanding.

The judge denied declaratory judgment.

The declaratory judgment is not used a lot.

The judge denied declaratory judgment.

He denied you in your right to petition for declaratory judgment.

for declaratory judgment.

We'll do another one for denying your right to petition for declaratory judgment.

deputy, so what I might suggest is petition the district court for a declaratory judgment,

the declaratory judgment is not exactly an adversarial proceeding, while you would name

because what we do is we'll file a petition for declaratory judgment.

Well, the declaratory judgment doesn't have a claim.

judgment suit and Judge McBride in Fort Worth dismissed my declaratory judgment suit with

Well, duh, it was a declaratory judgment suit. They don't have claims. So however, the defendant,

And I'm looking at this as a way to do this, I haven't really got to the federal courts yet to see what they charge for a declaratory judgment suit.

But if you file a declaratory judgment suit, it only costs $15.

Now you go in with the declaratory judgment suit, and if they don't respond to it, you get default judgment or declaratory judgment.

And we, first time we petitioned for a declaratory judgment on a court for not ruling on a pleading

and see if they get a declaratory judgment on what are your rights, you know, by suing

Declaratory judgment suit.

And a declaratory judgment suit is just a suit declaring the rights of the parties.

The first thing we do is petition to declaratory judgment.

I have yet to encounter a lawyer who knew what declaratory judgment was.

Every time I do a declaratory judgment, they always file a Rule 12B6 motion to dismiss a failure state of claim which the cover can be had.

I filed a declaratory judgment in his court over a mortgage issue.

As well as the declaratory judgment.

A lot of people filed my declaratory judgment suit.

He dismissed a petition for declaratory judgment for a federal state of claim on which cover can be had.

declaratory judgment for failure to stay to claim.

Okay, you said about a declaratory judgment.

Yes, this is neat for declaratory judgment.

These lawyers that I've come across, none of them know what a declaratory judgment suit is.

I filed for declaratory judgment, and they always treated it like a claim,

With declaratory judgment, it doesn't have a claim.

Okay, but if you're in a case, I think you can still petition for declaratory judgment on this issue.

So you can argue that severance would go to declaratory judgment,

To sever out the UCC claim and petition for declaratory judgment on that.

And the declaratory judgment case would get you to the discovery.

And that was when we first started pushing declaratory judgment suits.

So we filed a declaratory judgment and Rule 12 doesn't apply.

And with declaratory judgment, they don't get that out.

But in the suit itself and declaratory judgment, it's just the suit is styled inray Jeff from Mississippi.

And that's the primary reason we want to file a declaratory judgment.

So no declaratory judgment, which would be Rule 57?

No declaratory judgment.

That's what's confusing is because in a case, you can have declaratory judgment and then

wait, hold on, hold on, depends on what the declaratory judgment is.

So I suppose you could call that declaratory judgment.

What would be the nature of the declaratory judgment suit? Is a suit for the purpose of determining the rights of the parties?

Is this a place for a declaratory judgment suit?

It was the declaratory judgment against the city and then it was a lawsuit against attorneys and the administrative panel were named individually on that.

a declarative of declaratory judgment suit. Okay, hold on, hold on. It might be easier in the Fed,

Okay. Do I want, we talk about a declaratory judgment suit. Do I want to start off with a

declaratory judgment suit? I have to look at the details. If you're doing a

defamation of character suit, declaratory judgment may not fall in on,

And in that case, you'd probably have a better shot at a petition for declaratory judgment.

you recover. Now, a Quatam action, do I include that in the declaratory judgment suit? Or is

that separate? No, no, no, declaratory judgment. A declaratory judgment can be included in this suit.

And if you can find rules on that, then use those rules to petition for declaratory judgment,

Got it. There's your petition for declaratory judgment.

Okay, declaratory judgment suits are still kind of strange to me. So can I go over the captioning

Yeah. Because I kind of don't know what I'm doing. Declaratory judgment suit.

Yeah. Okay. And you look up the Declaratory Judgment Act. It's 28 USC 2201.

for Declaratory Judgment. Okay. And then under that, it says civil numbers, which is normal.

Okay. Did you look at the declaratory judgment to act while we're on the break?

A petition for declaratory judgment in the federal court. And every time I do that,

fair state of claim. But it was a declaratory judgment suit and declaratory judgment suits

well, if you get the declaratory judgment ruling, then they're going to come to you to make you a

large bold underlined, I have declaratory judgment suit. No, petition for declaratory judgment.

party. Don't put suit in there, put petition to declaratory judgment. That's what it's called.

goes to declaratory judgment. The rules governing the procedure for obtaining a

declaratory judgment under 28 USC 2201 rules 38 and 39 govern and demand for

a declaratory judgment that is otherwise appropriate. The court may order a speedy hearing

of a declaratory judgment action. And then if you look this up online, like I've got

how to structure the petition for declaratory judgment. Oh, okay, because I could not find

Okay. Actually, I've got some declaratory judgment suits I can send you.

Oh, do you? To send me a email asking for a declaratory judgment suit and I'll send you some.

the courts on a declaratory judgment claim, then Rule 12 doesn't apply.

and then declaratory judgment, explain exactly what must be done and in which court it has

We have a declaratory judgment statute in the Fed.

The remedy is in a petition for declaratory judgment.

form of a declaratory judgment suit.

So I filed a petition for declaratory judgment and asked the court to declare that based

for anything just rule on this point of law that's declaratory judgment in the case that

a claim duh this was a declaratory judgment suit there was no claim right but the lawyers did not

it's the rest of it but i understand that the basis for the declaratory judgment you're not

that's why I was talking to Jeffrey Mississippi on petitions for declaratory judgment.