[00:00.000 --> 00:05.680] This news brief brought to you by the International News Net. [00:05.680 --> 00:11.840] Members of Congress have been briefed to expect a clash with Israel's new Netanyahu-led government [00:11.840 --> 00:14.840] over the Palestinian peace process. [00:14.840 --> 00:19.460] Israeli Foreign Minister Avigdor Lieberman has declared the peace process had reached [00:19.460 --> 00:20.800] a dead end. [00:20.800 --> 00:26.940] Somali pirates hijacked a US-flagged Danish-owned container ship Wednesday with 20 American [00:26.940 --> 00:28.600] crew on board. [00:28.600 --> 00:31.400] It was the fifth hijacking since Sunday. [00:31.400 --> 00:38.020] Among the ship's cargo were 400 containers of food, including 232 containers belonging [00:38.020 --> 00:43.560] to the UN World Food Program, destined for Somalia and Uganda. [00:43.560 --> 00:49.080] Former Cuban President Fidel Castro had talks with US politicians in Havana, the first such [00:49.080 --> 00:53.240] meeting since he stepped down in 2006. [00:53.240 --> 00:57.400] Three members of the Congressional Black Caucus were on a visit to examine ways to [00:57.400 --> 01:05.840] normalize relations between the two countries. [01:05.840 --> 01:11.040] The UK Guardian reports Israeli companies are feeling the impact of boycott moves in [01:11.040 --> 01:15.240] Europe following Israel's recent attack on Gaza. [01:15.240 --> 01:22.160] Last week the Israel Manufacturers Association reported 21% of 90 local exporters had felt [01:22.160 --> 01:28.920] a drop in demand due to boycotts, mostly from the UK and Scandinavian countries. [01:28.920 --> 01:35.120] Writing in the daily finance paper The Marker, economics journalist Nehemiah Strassler berated [01:35.120 --> 01:41.600] then Trade and Industry Minister Eli Yishai for telling the Israeli army to, quote, destroy [01:41.600 --> 01:46.640] 100 homes in Gaza for every rocket fired into Israel. [01:46.640 --> 01:51.480] Strassler said the minister did not understand how much the operation in Gaza was hurting [01:51.480 --> 01:57.080] the economy, adding the horrific images on TV and the statements of politicians in Europe [01:57.080 --> 02:04.560] and Turkey are changing the behavior of consumers, businessmen and potential investors. [02:04.560 --> 02:10.680] Pakistan Foreign Minister Shah Maymoud Qureshi says US drone attacks on Pakistan are working [02:10.680 --> 02:15.040] to the advantage of Al Qaeda and Taliban extremists. [02:15.040 --> 02:20.640] Qureshi spoke after talks with US Special Envoy Richard Holbrooke and Joint Chiefs Chairman [02:20.640 --> 02:25.240] Admiral Mike Mullen saying, we have agreed to disagree. [02:25.240 --> 02:30.160] Barack Obama has stated he intends to step up missile strikes on Taliban insurgents in [02:30.160 --> 02:32.720] Pakistan's tribal areas. [02:32.720 --> 02:38.440] Islamabad has repeatedly condemned such strikes, saying they threaten the country's sovereignty [02:38.440 --> 02:40.680] and fuel public anger. [02:40.680 --> 02:45.960] Over 500 people, including a large number of civilians, have been killed in drone attacks, [02:45.960 --> 02:48.600] which started under the Bush administration. [02:48.600 --> 02:54.160] Islamabad says it has paid dearly for its alliance with the US in its war on terror. [02:54.160 --> 03:18.800] This April will mark 14 years since the Oklahoma City bombing claimed 169 lives. [03:18.800 --> 03:27.440] Did you know that there was more than one bomb involved in this tragedy? [03:27.440 --> 03:32.560] Did you know that current Attorney General Eric Holder was directly involved with a coverup [03:32.560 --> 03:34.440] following the Oklahoma City bombing? [03:34.440 --> 03:39.680] Monday, April 20th, 7 p.m. at Brave New Books, Chris Emory, Andrew Griffin and Haaland Vanden [03:39.680 --> 03:44.720] Onof will be discussing the results of their investigation into the Oklahoma City bombing. [03:44.720 --> 03:48.920] This event will also be broadcast on the Rule of Law Radio program, hosted by Deborah Stevens [03:48.920 --> 03:50.360] and Randy Kelton. [03:50.360 --> 03:56.280] For more information, go to bravenewbookstore.com or ruleoflawradio.com. [03:56.280 --> 04:00.520] The Oklahoma City bombing, 14 years later, still seeking the truth. [04:00.520 --> 04:09.720] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech [04:09.720 --> 04:16.720] talk radio at its best. [04:39.720 --> 05:04.160] What are you going to do when Randy Kelton and Deborah Stevens come for you? [05:04.160 --> 05:09.480] This is the Rule of Law on ruleoflawradio.com. [05:09.480 --> 05:17.640] We are here this evening, it is Thursday, April 16th, 8 p.m. Central Time, and we have [05:17.640 --> 05:19.720] very special guests tonight. [05:19.720 --> 05:29.040] We've got Tony Davis, who is going to be discussing strategies concerning mortgages, how to deal [05:29.040 --> 05:30.040] with mortgages. [05:30.040 --> 05:32.040] Tony, thanks for joining us tonight. [05:32.040 --> 05:34.080] Sure, happy to. [05:34.080 --> 05:41.960] Randy, why don't you introduce Tony and lead into the discussion of how people can deal [05:41.960 --> 05:42.960] with mortgages. [05:42.960 --> 05:50.840] Okay, Tony has been researching this mortgage problem, and he's put together a package on [05:50.840 --> 05:57.320] how to deal with mortgages, and he may have become the most knowledgeable person on how [05:57.320 --> 06:01.760] to deal with mortgages that we have anywhere around right now. [06:01.760 --> 06:05.400] Tony, you want to kind of give us a rundown on what you're doing? [06:05.400 --> 06:07.600] Sure, I'd be happy to. [06:07.600 --> 06:13.240] Basically, we've put together a package which should be available next week on how to deal [06:13.240 --> 06:21.040] with potential foreclosures or large foreclosures or loan modifications before they actually [06:21.040 --> 06:22.040] happen. [06:22.040 --> 06:29.160] Then there's a second package coming out about after the fact and dealing with loan foreclosures [06:29.160 --> 06:33.480] and how you can go back in and recover your house and get your money back and maybe even [06:33.480 --> 06:35.600] get some damages. [06:35.600 --> 06:41.440] What we have done is we've done an intensive research in the last few months, and we have [06:41.440 --> 06:47.360] developed this package about first the loan modification, okay, where you can apply for [06:47.360 --> 06:53.720] a loan modification to get your payments set aside for a while, then get your payments [06:53.720 --> 07:00.160] reduced and get your interest rate reduced, okay, and then if that works fine, if that [07:00.160 --> 07:05.760] doesn't work, then we go to step two, and that is where we go and start asking for documents [07:05.760 --> 07:06.760] from the lender. [07:06.760 --> 07:11.400] One of those is what's called a RESPA letter, which is about 20 pages long, and you ask [07:11.400 --> 07:13.400] for certified copies of all the documents. [07:13.400 --> 07:18.320] You ask for a chain of title related to your mortgage, and then you ask for certain proof, [07:18.320 --> 07:23.840] okay, that the mortgage actually exists and the note actually exists, and if they can [07:23.840 --> 07:28.360] prove that, not only the front portion of the note, but also the back portion where [07:28.360 --> 07:29.360] the endorsements are. [07:29.360 --> 07:39.240] Endorsements is spelled as I-N-D-O-R-S-E-M-E-N-T, so basically you go to step one, and that [07:39.240 --> 07:46.280] is to try to, you know, be a nice guy about it and try to get the lender to make modifications [07:46.280 --> 07:52.000] on your mortgage, and if they don't cooperate with you properly, then you go after them, [07:52.000 --> 07:57.040] and it's best to go after them before the foreclosure proceedings, but if they can't, [07:57.040 --> 08:00.600] you can still go after them after the foreclosure proceedings. [08:00.600 --> 08:08.280] The last information we got today from someone that's an economist that said that the projected [08:08.280 --> 08:17.360] foreclosures in the United States in the year 2009 according to the Association of Realtors [08:17.360 --> 08:23.160] is going to be $5.2 million, okay, therefore there are going to be a lot of people that [08:23.160 --> 08:27.800] are in danger of losing their homes, there are ways that you can defend yourself, that's [08:27.800 --> 08:30.320] what we're going to talk about tonight. [08:30.320 --> 08:37.760] Wonderful, I was listening to a news program today on NPR up here in Dallas, and they said [08:37.760 --> 08:47.120] that the major banks and mortgage holders had agreed to a moratorium at Obama's request [08:47.120 --> 08:54.840] until he could get some remedies in place to help people overcome this problem, and [08:54.840 --> 09:03.200] apparently whatever remedies Obama is trying to get in place are in place, and they give [09:03.200 --> 09:11.200] notice today that the moratorium is over, they will start moving ahead with, they estimated [09:11.200 --> 09:17.400] approximately some 2 million foreclosures that they've been holding up on. [09:17.400 --> 09:24.320] Right, and it's going to expand to 5.2 million for the years over, okay, now let me explain [09:24.320 --> 09:31.280] something to you, at least any listener that has a situation related to a mortgage, okay, [09:31.280 --> 09:36.520] don't assume that you're the bad guy in this thing, okay, I mean it would, you know I understand [09:36.520 --> 09:40.640] that you took out a note and you executed a note and you're supposed to pay the note [09:40.640 --> 09:45.120] and if you can't pay the note or you're having problems paying the note, okay, that makes [09:45.120 --> 09:50.480] you in a sense a bad guy because you're not following your obligations. [09:50.480 --> 09:55.560] The mortgage companies have a much bigger problem, okay, and that's where your remedy [09:55.560 --> 10:01.280] is if you do it properly, okay, so you have like a three-step procedure, the first thing [10:01.280 --> 10:09.120] is that you try to get a modification of your loan where the mortgage company agrees voluntarily [10:09.120 --> 10:15.360] to modify the terms of your loan so that you can proceed, okay, and you can pay what you [10:15.360 --> 10:21.240] owe, okay, but under the terms that you can afford, okay, the second part of the process [10:21.240 --> 10:28.640] is that if they don't do that, you have remedies, okay, in the court system, okay, first of [10:28.640 --> 10:34.240] all you have a remedy under RESPA where you can demand documents proving up their claim [10:34.240 --> 10:38.760] and if they can't prove up their claim then they can't do anything about the foreclosure, [10:38.760 --> 10:44.920] okay, and then if they don't answer that or if they answer it improperly, you have remedies [10:44.920 --> 10:50.640] in court and what we're recommending to people is that since the mortgage process typically [10:50.640 --> 10:55.840] goes into the lower court systems in the state, okay, and the lower court systems in the state [10:55.840 --> 11:01.040] and in most states, in Texas for sure, okay, they just rubber stamp whatever the attorney [11:01.040 --> 11:08.920] for the mortgage company files and they ignore a pro se litigant, okay, then we're recommending [11:08.920 --> 11:15.200] that the whole process be removed to federal court as quickly as possible and you make [11:15.200 --> 11:20.520] multiple allegations including allegations of violations of the Fair Debt Collection [11:20.520 --> 11:25.280] Practices Act, possibly allegations of usury. [11:25.280 --> 11:31.840] We have now identified three former IBM engineers that have developed a mortgage program that [11:31.840 --> 11:38.920] will show in almost every single situation that the mortgage company overcharges you. [11:38.920 --> 11:43.680] We think it's possible if you get into discovery on these things that the mortgage company [11:43.680 --> 11:49.160] has been paid several times on your mortgage and the reason that would happen is because [11:49.160 --> 11:55.160] that first of all they pool these mortgages and then they assign a trustee to them. [11:55.160 --> 12:00.640] The trustee is required to rebuy the mortgages if they go bad, okay, and if you go research [12:00.640 --> 12:08.400] the 424B5 filings where these are the private placement memorandums that issue related to [12:08.400 --> 12:14.440] the packaging of a pool of mortgages you will find that the notes don't exist, okay, or [12:14.440 --> 12:20.080] you cannot find the original notes and even if you find a note you can't find the endorsement [12:20.080 --> 12:21.880] on the back of the note. [12:21.880 --> 12:29.480] So what we're now advising people is a series of strategies to deal with the mortgage company. [12:29.480 --> 12:34.120] You shouldn't be afraid of them because they are the ones that created the problem, not [12:34.120 --> 12:40.080] you, and it was their greed that created the problem that caused this crisis. [12:40.080 --> 12:41.080] It wasn't your greed. [12:41.080 --> 12:48.240] You were just trying to buy a house or another house or some property of some kind and that [12:48.240 --> 12:52.640] you shouldn't be afraid of going after the mortgage companies or the banks because they [12:52.640 --> 12:59.000] are the ones that made the money off the front on the deals and now they're having to pay [12:59.000 --> 13:01.000] the price for their own greed. [13:01.000 --> 13:04.560] Anything you have to say, Randy? [13:04.560 --> 13:05.560] Okay. [13:05.560 --> 13:15.320] You mentioned something earlier that got my attention where you mentioned a chain of title [13:15.320 --> 13:16.320] where you're... [13:16.320 --> 13:17.320] Correct. [13:17.320 --> 13:24.760] It's always interested me how the mortgage companies can get themselves into this kind [13:24.760 --> 13:34.480] of mess and it since became clear that one company does the mortgage and then I was talking [13:34.480 --> 13:45.320] to a guy who worked in this area and he was using money from Wells Fargo and Wells Fargo [13:45.320 --> 13:48.700] would give them the money to do these deals with. [13:48.700 --> 13:55.560] This particular guy funded large businesses and they would front them the money to do [13:55.560 --> 14:03.640] the deal with but Wells Fargo wanted their money back in six months so he could get the [14:03.640 --> 14:11.120] money to do the deal but in order to get Wells Fargo paid back, he had to take the deal and [14:11.120 --> 14:14.640] sell it to someone else once the deal was done. [14:14.640 --> 14:21.040] He'd get his money, take a little piece off the top and give the rest back to Wells Fargo [14:21.040 --> 14:28.120] and Wells Fargo would give him more so he keeps doing these deals and sells them off [14:28.120 --> 14:34.960] to someone else and he was saying the Chinese were buying all of them and that made it make [14:34.960 --> 14:39.560] sense as to how these banks get in this trouble. [14:39.560 --> 14:47.160] They do the deal and then they take the deal they've done and sell it to someone else, [14:47.160 --> 14:51.440] take a little piece off the top and go do the next deal. [14:51.440 --> 14:57.320] Now all of a sudden the deals are coming apart but all the paperwork is gone, all the deals [14:57.320 --> 15:03.920] have been sold all over the place and the one who would need to foreclose has no authority [15:03.920 --> 15:09.760] to come into the court because they have no original contract, they sold it to someone [15:09.760 --> 15:10.760] else. [15:10.760 --> 15:15.560] They had something else sold it to someone else and someone else and that's what interested [15:15.560 --> 15:22.480] me about chain of title, how do you, how would they have to establish chain of title? [15:22.480 --> 15:27.680] Well they have to show everybody the text of the mortgage and they have to show whoever, [15:27.680 --> 15:34.520] let's say somebody comes in and tries to foreclose against you, against ABC Company, you don't [15:34.520 --> 15:40.600] even know who ABC Company is, you never signed a note or a mortgage document with ABC Company [15:40.600 --> 15:45.640] okay, but now all of a sudden ABC Company shows up, well the first question you have [15:45.640 --> 15:52.240] to ask is this, are they a servicer or are they the owner of the note? [15:52.240 --> 15:58.680] If they're a servicer, what authority do they have to come in and collect on the note? [15:58.680 --> 16:03.760] All they're going to servicing the note okay, so you need to kick them out is the fact that [16:03.760 --> 16:04.760] they're a servicer. [16:04.760 --> 16:09.480] If they're the holder of the note then tell them to prove it up. [16:09.480 --> 16:18.880] How do you know, how can you establish for certain that they are the proper servicer? [16:18.880 --> 16:27.680] Couldn't I just come in and just say I have authority to service this note, come in, move [16:27.680 --> 16:34.880] through the courts, collect it, disappear, six months down the road somebody else comes [16:34.880 --> 16:36.600] along and says I'm the servicer. [16:36.600 --> 16:38.880] Okay listen, listen we're going to break. [16:38.880 --> 16:42.440] Okay, alright we'll answer that question when we get back. [16:42.440 --> 16:44.640] We'll answer that question when we get back, we'll be right back. [16:44.640 --> 17:00.000] This is a rule of law, Randy Kelton and Deborah Stevens. 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[17:47.520 --> 17:59.920] Please visit sleepwellinvestment.com or call Bill Schober at 817-975-2431, that's sleepwellinvestment.com [17:59.920 --> 18:13.280] or call 817-975-2431. [18:13.280 --> 18:36.520] Thank you. [18:43.280 --> 19:09.520] okay we are back the rule of law we're here with Tony Davis and Randy you are [19:09.520 --> 19:18.320] asking Tony about chain of title yes go ahead Tony okay well basically it's [19:18.320 --> 19:22.160] kind of like a chain of custody in a criminal case okay whenever someone [19:22.160 --> 19:28.120] touches the document the original loan document okay and they let's say they [19:28.120 --> 19:36.520] sign everything sometimes they don't but let's say they do then the document is [19:36.520 --> 19:44.000] required to be kept in essence in safekeeping or a safe place and someone [19:44.000 --> 19:47.600] with responsibility is supposed to oversee that document because that's an [19:47.600 --> 19:53.200] original and if anybody ever comes in and ask for the original or ask to [19:53.200 --> 19:58.160] verify that that document exists and it could be not just the party that signed [19:58.160 --> 20:00.960] the loan agreement it could be the federal government because federal [20:00.960 --> 20:07.680] government loans money against most of these home financings either through [20:07.680 --> 20:14.680] Sally Mae, Fannie Mae, Freddie Mac whatever okay and they the documents have the [20:14.680 --> 20:19.280] right to be audited so they need to have some kind of chain of custody where [20:19.280 --> 20:23.120] there is some document that there's a chain of custody document and when one [20:23.120 --> 20:27.280] person holds the document he signs it you know the date that he gets it and [20:27.280 --> 20:31.160] then if he transfers somebody else he signs it he's transferred it and that [20:31.160 --> 20:35.920] other person signs it and that goes on as long as there's an original document [20:35.920 --> 20:43.120] somewhere okay the fact of the matter is that the investment bankers and the [20:43.120 --> 20:48.840] banks have been very sloppy about their document process so one of the things [20:48.840 --> 20:55.280] you do okay to prove up your claim or to establish a claim is you actually ask [20:55.280 --> 21:01.440] for chain of custody documents showing who had it when they had it okay and [21:01.440 --> 21:05.680] what the result was and then who was transferred to and then you request the [21:05.680 --> 21:10.800] endorsements on the back of the note where the person that actually had the [21:10.800 --> 21:15.520] document signed an endorsement over to the other party that was transferred the [21:15.520 --> 21:20.320] note okay and then if that note was transferred again and sometimes they're [21:20.320 --> 21:26.000] transferred as well as many as 20 times a mortgage okay if that note was [21:26.000 --> 21:30.760] transferred again there should be a second endorsement just like Lloyds of [21:30.760 --> 21:34.960] London policy if you've ever dealt with Lloyds of London most people haven't but [21:34.960 --> 21:40.040] okay if you're an insurance company and you want to get Lloyds to underwrite [21:40.040 --> 21:46.040] your insurance policy or your claim you go there's something like a [21:46.040 --> 21:50.760] bizarre in London and you go to that and then you go around to the different [21:50.760 --> 21:56.880] parts of Lloyds okay and you say look here's the deal I have here's what I [21:56.880 --> 22:01.440] like you do I like you to buy a piece of it and they have a stamp and they have a [22:01.440 --> 22:05.760] signature and so what they do is they say I'll take 3% and they'll stamp their [22:05.760 --> 22:10.640] seal on it to prove that they've done it okay they'll sign it and then you go to [22:10.640 --> 22:14.360] somebody else and they'll say I'll take 7% you keep going around the bizarre [22:14.360 --> 22:19.200] until you fill the whole thing okay well the mortgage industry is somewhat [22:19.200 --> 22:26.240] similar in that okay there's a group of people in the front that will create the [22:26.240 --> 22:30.480] mortgages from the start that's some I guess the marketing group you could call [22:30.480 --> 22:35.880] them okay and those guys then create the mortgages a lot of times they'll age them [22:35.880 --> 22:41.440] for three months maybe six months maybe a year after they age them then they [22:41.440 --> 22:46.840] will sell that mortgage off to somebody else who will then keep it for a period [22:46.840 --> 22:51.720] of time okay and they might sell it off to somebody else because there's a [22:51.720 --> 22:57.360] difference in value on an age mortgage for one month or three months then [22:57.360 --> 23:03.000] there isn't an age mortgage for six months or in one year or three years but [23:03.000 --> 23:06.480] that makes a lot of sense okay if you've made your payments for one month that's [23:06.480 --> 23:12.080] good okay but it's not an age mortgage if you made your payments for one year [23:12.080 --> 23:17.160] that's much better it shows that you can do that if you've made your payments for [23:17.160 --> 23:21.560] three years or five years it shows that that mortgage is mature and it has a [23:21.560 --> 23:26.520] different value okay and it demands a lower interest rate so that mortgage [23:26.520 --> 23:31.560] company that's holding it will then sell it off to someone that demands a lower [23:31.560 --> 23:36.160] rate but demands the fact that the payments have been made so that's kind [23:36.160 --> 23:40.440] of how the process works chain of title that's what you want you want to prove [23:40.440 --> 23:46.200] that in every part of the transaction the proper title documents have been [23:46.200 --> 23:50.760] transferred and one other way you prove that is you go to the county recorder [23:50.760 --> 23:57.000] because if someone transfers the mortgage or sells it to someone else [23:57.000 --> 24:03.600] that transfer has to be recorded with the county recorder and if it's not [24:03.600 --> 24:08.080] properly recorded with the county recorder then it's not valid and the [24:08.080 --> 24:14.400] transfer is not valid and you have grounds to move to either for damages to [24:14.400 --> 24:20.240] have your mortgage dismissed or your loan dismissed and you can do that by [24:20.240 --> 24:28.080] showing that the person claiming to have authority to collect the loan can't [24:28.080 --> 24:33.560] prove that he has that authority that's correct that's one way you do that yes [24:33.560 --> 24:40.240] so now and you're afraid that if you pay this guy somebody else may come back by [24:40.240 --> 24:45.320] and say well I was the one that was supposed to getting beginning this and [24:45.320 --> 24:52.280] if he has the chain of title then he has to lean on you and it sort of goes to [24:52.280 --> 24:57.000] this national crop insurance where you have to make sure the person you're [24:57.000 --> 25:00.480] dealing with is the person you're actually dealing with and has the [25:00.480 --> 25:05.960] authority to do what he says is doing well just think of it this way okay what [25:05.960 --> 25:10.200] if a lawsuit was filed against you claiming that you had defaulted on your [25:10.200 --> 25:16.200] nor on your mortgage by Bob the pirate okay and Bob the pirate claimed that [25:16.200 --> 25:21.560] that he owned your mortgage and you hadn't paid him so you now owed him [25:21.560 --> 25:27.320] $500,000 okay and so then you went into court and you went to the judge and said [25:27.320 --> 25:34.600] your honor I don't know Bob the pirate okay I want him to prove that he owns [25:34.600 --> 25:39.680] the mortgage and I want him to produce the original document and the judge [25:39.680 --> 25:44.960] says well I believe Bob the pirate I don't believe you okay just because he [25:44.960 --> 25:49.040] has a mustache and he's you know has a weird hat on and just because you know [25:49.040 --> 25:55.440] he has a you know some weird bird on his on his shoulder doesn't mean that he [25:55.440 --> 26:01.080] doesn't own that you don't owe him the money okay well that's a that's a load [26:01.080 --> 26:06.640] of crap okay the the fact is if the mortgage company actually has the [26:06.640 --> 26:13.520] mortgage they should be able to produce the original documents because the [26:13.520 --> 26:19.600] original document is the only one that would give anyone standing correct yeah [26:19.600 --> 26:23.600] and not only that federal rules of evidence say that they have to have the [26:23.600 --> 26:27.480] original paper that's that's correct federal of evidence require originals [26:27.480 --> 26:32.000] or a certificate of the fact that they're lost and proof that they're lost [26:32.000 --> 26:37.720] and it doesn't matter if it's Bank of America it doesn't matter if it's the [26:37.720 --> 26:42.280] largest loan mortgage company in the world and it doesn't matter if it's Bob [26:42.280 --> 26:50.200] the pirate they still should be required to produce the documents okay there was [26:50.200 --> 26:57.100] you mentioned early on about renegotiating the note or mediating the [26:57.100 --> 27:04.360] note right what is the purpose of that well that's the first step in trying to [27:04.360 --> 27:11.040] deal with the mortgage company okay and we'll have this CD out next week we [27:11.040 --> 27:17.720] recommend that if depending on where you are in your mortgage process that you [27:17.720 --> 27:22.080] send the proper documents into the mortgage company ask of them to [27:22.080 --> 27:28.080] renegotiate your your mortgage okay if you're early on in the process that [27:28.080 --> 27:32.760] makes a lot of sense okay and you just basically say that look here's my [27:32.760 --> 27:37.680] situation here's my income here's my expenses here's what I can do here's [27:37.680 --> 27:42.240] what I'm willing to do I'm requesting a renegotiation in the mortgage okay if [27:42.240 --> 27:48.360] the mortgage company refuses or doesn't do what you want them to do okay then [27:48.360 --> 27:52.080] you go to phase B and that is the rest of the document where you send them a [27:52.080 --> 27:57.600] rest the letter which is about 20 pages long all the all of these documents will [27:57.600 --> 28:03.800] be an RCD which you can buy if you want to through Randy and Debbie okay and you [28:03.800 --> 28:07.880] send them a rest the document you send them a collection letter okay and the [28:07.880 --> 28:13.320] collection letter basically says prove up I want to see everything I want you [28:13.320 --> 28:19.460] to prove the change of title I want you to prove the original note I want to see [28:19.460 --> 28:23.160] the endorsements on the back of the original note I want to know who touched [28:23.160 --> 28:26.960] this document who handled it I want to know everything about the whole process [28:26.960 --> 28:33.360] I want to know how much money you made okay and I want to know who got paid on [28:33.360 --> 28:40.200] that money so in order to understand why you would do the mediation is that so [28:40.200 --> 28:48.120] that in the event you get to court you can show that you have exhausted all [28:48.120 --> 28:52.760] administrative remedy well that's part of part of it but that's that's not the [28:52.760 --> 28:56.880] primary reason the primary reason is to put them on notice so you can use that [28:56.880 --> 29:06.000] notice if you have to if you have to go after them so what kind of results can [29:06.000 --> 29:12.960] you expect from the mediation it depends on how good you are at mediation okay [29:12.960 --> 29:19.040] most mediations are created by attorneys okay in order to get the client to [29:19.040 --> 29:24.840] resolve the case quickly and for them to go on to the next case if if you [29:24.840 --> 29:29.320] understand mediation and you're good at mediation you understand that you never [29:29.320 --> 29:34.760] agree to anything okay they'll come in you're going to come in with a theory [29:34.760 --> 29:39.600] that you don't know anything they owe you hundred thousand for example okay [29:39.600 --> 29:44.000] they're going to come in with Tony hold that thought all right we're going to [29:44.000 --> 29:48.560] break we'll be right back this is the rule of law Raina Kelton and Debra [29:48.560 --> 29:57.840] Stevens talking about how to fight the mortgage company I'll be right back [29:57.840 --> 30:02.600] gold prices are at historic highs and with the recent pullback this is a great [30:02.600 --> 30:06.880] time to buy with the value of the dollar risks of inflation geopolitical [30:06.880 --> 30:11.000] uncertainties and instability in rural financial systems I see gold going up [30:11.000 --> 30:15.600] much higher hi I'm Tim Fry at Roberts and Roberts brokerage everybody should [30:15.600 --> 30:19.440] have some of their assets in investment grade precious metals and Roberts and [30:19.440 --> 30:23.080] Roberts brokerage you can buy gold silver and platinum with confidence from [30:23.080 --> 30:27.960] a brokerage that specialized in the precious metals market since 1977 if you [30:27.960 --> 30:31.400] are new to precious metals we will happily provide you with the information [30:31.400 --> 30:34.880] you need to make an informed decision whether or not you choose to purchase [30:34.880 --> 30:39.200] from us also Roberts and Roberts brokerage values your privacy and will [30:39.200 --> 30:42.480] always advise you in the event that we would be required to report any [30:42.480 --> 30:46.760] transaction if you have gold silver platinum you'd like to sell we can [30:46.760 --> 30:51.000] convert it for immediate payment call us at eight hundred eight seven four nine [30:51.000 --> 30:55.960] seven six zero we're Roberts and Roberts brokerage eight hundred eight seven four [30:55.960 --> 31:13.360] nine seven six zero [31:25.960 --> 31:55.880] okay we are back all right Tony please continue [31:55.880 --> 32:01.480] talking about all the things that they're going to try to do okay well [32:01.480 --> 32:07.360] basically you know we I think we were talking about you know where somebody [32:07.360 --> 32:10.440] comes in and says well why don't you guys just negotiate this or go into [32:10.440 --> 32:16.400] mediation or something like that and you know our experience with mediation it's [32:16.400 --> 32:21.640] just designed to a lot of big companies to to beat you up and get something of [32:21.640 --> 32:25.840] what they want maybe somebody else has a different experience I'd be happy to [32:25.840 --> 32:32.560] learn about it and but you know we you know as a rule don't suggest mediation [32:32.560 --> 32:36.120] to anybody because it's just the will you know they get you in there and then [32:36.120 --> 32:39.320] they blindside you and they'll go well you know you want to get out of this [32:39.320 --> 32:44.040] mediation the judge ordered so you know and your portion of the steel is going [32:44.040 --> 32:47.480] to be this and if you want if you'll do that then the case will go away and all [32:47.480 --> 32:51.080] of a sudden you go in thinking you don't know anything they owe you and you wind [32:51.080 --> 32:57.800] up coming out paying 10 20 50 thousand dollars so anyway like I said I hope [32:57.800 --> 33:02.960] somebody's got a different experience but that's not what we have why don't we [33:02.960 --> 33:08.880] suggest the mediation on the front end then what's the purpose of it who [33:08.880 --> 33:15.080] suggest the mediation you said the first thing you try is to go in and mediate the [33:15.080 --> 33:22.120] loan and try to different than a court mediation okay what I was saying is that [33:22.120 --> 33:26.920] you come in and you try to do a loan modification with directly with the [33:26.920 --> 33:33.600] lender okay this is not mediation then no mediation is when you're actually in [33:33.600 --> 33:38.400] court and then the judge says okay look you guys I don't want to hear this case [33:38.400 --> 33:43.360] I want you guys to resolve it yourself so why don't you agree to some mediator [33:43.360 --> 33:52.800] and go in and work out the deal and mediators are as a rule a part of the [33:52.800 --> 34:00.480] good old boy group since there's a rule attorneys number one okay I mean I'm [34:00.480 --> 34:04.880] saying anything bad about attorneys but they also you know go to the same clubs [34:04.880 --> 34:12.360] and bars and you know country clubs and stuff like that that the guys on the [34:12.360 --> 34:17.240] other side you know the plaintiffs attorneys go to and the judges go to so [34:17.240 --> 34:25.840] they're not necessarily always in your camp and if you walk in cold turkey not [34:25.840 --> 34:31.080] understanding that aspect then you have a chance of being blindsided and walking [34:31.080 --> 34:38.000] out the door at the end of the mediation writing a check to somebody yes I had [34:38.000 --> 34:44.360] understood that getting into court ordered mediation was seldom a good idea [34:44.360 --> 34:52.880] something to avoid so right how do we what do we claim against the mortgage [34:52.880 --> 35:00.280] company you mentioned earlier that the first thing you looked at was a way to [35:00.280 --> 35:08.240] go back to the mortgage company when you weren't in foreclosure right what do you [35:08.240 --> 35:14.360] do there if you do a load modification I think you can file a request for a load [35:14.360 --> 35:18.120] modification some of it will do it some mortgage companies will do it over the [35:18.120 --> 35:22.840] phone okay some won't but some will do it from some require some kind of [35:22.840 --> 35:29.480] documentation from you okay and purpose of the loan modification is fourfold [35:29.480 --> 35:35.960] okay one you can reduce your loan balance or principal amount two you can [35:35.960 --> 35:41.360] reduce or modify the interest rate okay actually five fold three you can extend [35:41.360 --> 35:45.040] the term of the loan in other words okay maybe you're six months behind on [35:45.040 --> 35:48.400] payments so they take those six months and roll them in and now all of a [35:48.400 --> 35:54.040] sudden you've got a 30 year and six month loan okay four you change the [35:54.040 --> 36:00.080] monthly payments that was you know we just got a little medication done a few [36:00.080 --> 36:03.760] months ago where we got the payments reduced from 4,000 to 3,000 a month [36:03.760 --> 36:08.960] that's that's significant at least in this case that was significant okay and [36:08.960 --> 36:15.000] five you can combine any of the above things to to get a better deal from the [36:15.000 --> 36:22.040] low-income me related to the payments in exchange for what your income situation [36:22.040 --> 36:30.400] is currently what motivation does the loan company have to to modify your [36:30.400 --> 36:38.480] loan okay the companies are monitored and a lot of them are banks some of them [36:38.480 --> 36:41.920] are mortgage companies that are owned by banks some of our mortgage companies [36:41.920 --> 36:49.000] owned by investment banks okay but and some of them are private but they have [36:49.000 --> 36:53.840] to keep a certain percentage of their loans current or they go in default on [36:53.840 --> 37:01.880] their master lines okay so they'll borrow a huge amount of money to do [37:01.880 --> 37:08.200] mortgages and then they'll package those mortgages and resell them and just go [37:08.200 --> 37:13.240] back to the 424b5 documents which are the securities documents that are private [37:13.240 --> 37:17.160] placements that are done by Goldman Sachs and all the major investment [37:17.160 --> 37:22.640] bankers they might package 600 million dollars worth of loans at one time then [37:22.640 --> 37:28.320] they'll sell them off okay well okay the mortgage company will take a group of [37:28.320 --> 37:33.400] mortgages maybe they have 50 million dollars and they will send them to [37:33.400 --> 37:38.400] Goldman Sachs Goldman Sachs will agree to buy those okay and then a bunch of [37:38.400 --> 37:42.160] other mortgage companies will send deals to Goldman Sachs they'll all buy them [37:42.160 --> 37:46.480] Goldman Sachs will package them that could take a few months and then they [37:46.480 --> 37:51.880] will sell them off to pension funds or banks overseas or little old ladies that [37:51.880 --> 37:57.400] are just looking for a safe investment or whatever okay so they have an [37:57.400 --> 38:02.840] interest okay and you have to remember all these loans come typically if [38:02.840 --> 38:09.080] they're 424b5 loans and it's their package there's private placement [38:09.080 --> 38:13.640] securities they are given a trustee and that trustee is responsible for [38:13.640 --> 38:20.480] receiving the loan okay and the trustee is required according to the agreement [38:20.480 --> 38:25.120] if the loan comes in default and it's not carried but in a certain period of [38:25.120 --> 38:31.680] time he is required to repurchase that note or replace it with it with it with [38:31.680 --> 38:38.280] a similar note okay so so now all of a sudden you've got the issue of the loan [38:38.280 --> 38:44.160] company or say the investment banker or the mortgage company okay having sold a [38:44.160 --> 38:48.920] dough to someone that can't be paid and now the trustee is going to issue a [38:48.920 --> 38:54.720] demand letter to that mortgage company or investment banker by this note back [38:54.720 --> 39:02.480] so it's kind of like a warranty plan correct they sell them and they have to [39:02.480 --> 39:08.600] guarantee them right now I heard I was listening to a public radio today and [39:08.600 --> 39:14.440] they were talking about some programs that Obama had put in place a lot of [39:14.440 --> 39:24.320] these people are you familiar with any of those plans because you the a lot of [39:24.320 --> 39:31.120] the major banks had held off on the foreclosures waiting on these plans that [39:31.120 --> 39:37.680] were coming and they were saying that they were going to proceed with the [39:37.680 --> 39:42.880] foreclosures on those individuals who didn't fall into one of the plans or the [39:42.880 --> 39:50.800] other and they are calculated two million at present that is a scary [39:50.800 --> 40:06.240] number they estimated two million okay they didn't even if they knew an exact [40:06.240 --> 40:11.800] number I'm sure they wouldn't state it but to admit to that many is a tremendous [40:11.800 --> 40:17.400] amount of mortgages in foreclosure I agree and apparently the Realtors [40:17.400 --> 40:22.040] Association according to the economists I know have come out with a revised [40:22.040 --> 40:31.040] number which is estimated at 5.2 million so I have not personally verified those [40:31.040 --> 40:35.240] numbers I believe the two million number without question I believe it could be [40:35.240 --> 40:42.560] much bigger and I think that it's time for people to take some action and try [40:42.560 --> 40:49.000] to do something because it's okay I understand the need for a mortgage [40:49.000 --> 40:55.200] company or for a lender to foreclose based on valid documents okay if they [40:55.200 --> 40:59.520] have actually loaned the money themselves okay if they can actually [40:59.520 --> 41:04.960] prove chain of title if they can actually produce the original document [41:04.960 --> 41:10.200] if they haven't over billed or overcharged anyway and if they haven't [41:10.200 --> 41:16.960] violated any state or federal law I totally understand that but we have not [41:16.960 --> 41:22.440] found one single case that we have investigated where there hasn't been [41:22.440 --> 41:29.240] fraud fraud involved in the deal by the mortgage company or by its assignees and [41:29.240 --> 41:36.400] we have not found one single case where they have not overcharged in some way [41:36.400 --> 41:44.560] so and when it goes to fraud fraud vitiates the entire process that is [41:44.560 --> 41:49.400] correct and you know my argument is you get your house for free now I'm not sure [41:49.400 --> 41:54.040] if that's going to hold up in court or not okay but that would be my argument [41:54.040 --> 42:00.080] is that the fraud voids the note and entitles you to pure title to the [42:00.080 --> 42:07.240] property so that's where we're building our arguments now we're in several [42:07.240 --> 42:13.240] courts at this time we intend to win those cases but what we have found is [42:13.240 --> 42:19.160] that the lawyers for the mortgage companies okay our masters have [42:19.160 --> 42:23.000] manipulated in the system and what they do is they go into the lower courts [42:23.000 --> 42:27.840] first okay and I mean the real lower courts like the justice courts justice [42:27.840 --> 42:31.080] the Peace Corps and stuff like that because it's real easy to buy the [42:31.080 --> 42:36.600] justices offer it's real easy to get them not to pay attention okay and they [42:36.600 --> 42:47.160] they try to get a foreclosure notice and get the transfer okay and once they do [42:47.160 --> 42:52.760] that then you know you have a different battle you have to fight okay so what [42:52.760 --> 42:57.520] we're trying to do with people is we're trying to transfer them preferably into [42:57.520 --> 43:02.320] federal court where the judges you know have a better chance of overseeing the [43:02.320 --> 43:07.640] proceedings and you know the procedures are much more formal and you know you [43:07.640 --> 43:11.400] don't have to worry as much about the judge being bought off or you know some [43:11.400 --> 43:17.800] money changing hands at the golf course or you know some judge being given a [43:17.800 --> 43:23.080] campaign contribution to get him into office and things like that and then we [43:23.080 --> 43:28.360] think we have a chance and then we file counterclaims and go after the mortgage [43:28.360 --> 43:33.640] company based on elements of fraud violations of Fair Debt Collection [43:33.640 --> 43:39.760] Practices Act possibly we go over this is more difficult to prove okay and then [43:39.760 --> 43:43.880] okay okay hold on one second Tony all right all right we're going to break and [43:43.880 --> 43:48.320] when we come back we want to go to some callers we've got Carrie from Louisiana [43:48.320 --> 43:54.720] and Jay from New York callers if you'd like to call in 512-646-1984 we'll be [43:54.720 --> 43:57.040] right back [43:58.880 --> 44:04.760] stock markets are taking hit after hit corrupt bankers are choking on subprime [44:04.760 --> 44:10.400] debt the Fed is busy printing dollars dollars and more dollars to bail out [44:10.400 --> 44:16.280] Wall Street banks and the US car industry as investors scramble for safety in the [44:16.280 --> 44:20.680] metals in the face of a further devaluation of the dollar the price of [44:20.680 --> 44:25.480] silver will only increase some of the world's leading financial analysts [44:25.480 --> 44:29.840] believe that silver is one of the world's most important commodities with [44:29.840 --> 44:35.720] unparalleled investment opportunity for the future now is the time to buy silver [44:35.720 --> 44:42.800] before it heads for $75 an ounce and the yellow metal roars back past $1,000 an [44:42.800 --> 44:51.720] ounce to new highs call Maximus Holdings now at 407-608-5430 to find out [44:51.720 --> 44:58.040] how you can turn your IRA and 401k into a solid investment silver without any [44:58.040 --> 45:02.400] penalties for early withdrawal even if you don't have a retirement account yet [45:02.400 --> 45:06.600] we have fantastic investment opportunities for you call Maximus [45:06.600 --> 45:13.800] Holdings at 407-608-5430 for more information [45:36.600 --> 46:00.240] okay we are back watching the sparks fly indeed indeed indeed the banks are [46:00.240 --> 46:05.360] committing complete and total fraud complete and total usury they monetize [46:05.360 --> 46:10.280] your signature they do not loan you anything people I've been finding that [46:10.280 --> 46:17.000] out the banks literally create this up in there they do not loan you anything [46:17.000 --> 46:22.120] they did not have that money to begin with to make a loan it's complete and [46:22.120 --> 46:26.200] utter fraud that's just the way it is and we're going to do something about it [46:26.200 --> 46:32.680] okay we are going to go to callers now we're speaking with Carrie in Louisiana [46:32.680 --> 46:38.520] Carrie thanks for calling in you have a question for our guests or us yeah I've [46:38.520 --> 46:44.080] got several comments let me first of all make a correction on my name I just [46:44.080 --> 46:54.440] noticed the other day listening it's it's Terry okay I'll put up I will [46:54.440 --> 47:01.320] reprogram the call board Terry I got that little fling in my in my voice so [47:01.320 --> 47:09.680] you know it's not your fault I've been listening y'all from the get-go and I've [47:09.680 --> 47:14.640] talked to y'all before on other subjects and everything and my [47:14.640 --> 47:21.320] investigation of the law you might want to take a pen and jot down some notes [47:21.320 --> 47:25.680] here I'm gonna make it short and sweet and I've got about five or six things [47:25.680 --> 47:32.280] that I've noticed listening to y'all to start out with okay when you do a [47:32.280 --> 47:40.000] mortgage you're making contract okay when you make contract the only person [47:40.000 --> 47:47.960] that has standing is those that you make that contract with if they make a bargain [47:47.960 --> 47:53.160] with someone and sell that contract to someone else that's a contract between [47:53.160 --> 47:58.800] those two parties that third party does not have a standing with you because you [47:58.800 --> 48:09.000] did not sign contract with them that is right okay so go on to the next thing I [48:09.000 --> 48:13.680] studied criminal and everything but I've noticed a lot of these things have to do [48:13.680 --> 48:20.400] with money and everything and it all boils down to due process okay the [48:20.400 --> 48:26.320] second thing is they didn't lend you real money in the United States there's [48:26.320 --> 48:32.160] two things that's real money gold and silver if they did not lend you gold and [48:32.160 --> 48:38.960] silver to purchase that property with they did not make a loan so they're in [48:38.960 --> 48:45.840] like you were saying just a second ago they committed fraud absolutely okay now [48:45.840 --> 48:56.200] move on to the next thing it goes back to the first thing kind of if if they [48:56.200 --> 49:03.120] didn't make contract with you originally then you know it don't have anything to [49:03.120 --> 49:08.120] do with you what they did with the second party the third party I mean if [49:08.120 --> 49:12.760] the third party did not sign contract with you they sign a contract with the [49:12.760 --> 49:19.120] second party you're out of it now if you can find this this is everything I can [49:19.120 --> 49:24.600] find with Supreme Court rulings if you can find this part the second party that [49:24.600 --> 49:31.280] you originally signed contract with has ties to overseas outside the United [49:31.280 --> 49:39.480] States instead of doing court procedures under equity go to a maritime or [49:39.480 --> 49:45.720] amality because now you can have them locked up under equity you can't have [49:45.720 --> 49:51.960] them locked up but if they commit fraud under a maritime you can have them [49:51.960 --> 49:59.320] incarcerated now to be able to do that they've got to have times to outside the [49:59.320 --> 50:03.880] United States now to do it under maritime but you could also do it under [50:03.880 --> 50:10.360] the local statutory law well if you do it under statutory law though that's [50:10.360 --> 50:17.440] going to convert back equity which is civil which has no criminal no I don't [50:17.440 --> 50:26.560] know there is a civil process when someone commits fraud they also if you're [50:26.560 --> 50:30.880] damaged by the fraud they commit a civil tort against you which you can pursue [50:30.880 --> 50:37.280] them civilly but you can also they can you can also move against them criminally [50:37.280 --> 50:45.240] which is a separate cause of action it's a separate litigation and that may be [50:45.240 --> 50:56.240] where this idea that it becomes civil yes you as a citizen may only pursue the [50:56.240 --> 51:03.520] individual for the tort the state has exclusive jurisdiction to pursue [51:03.520 --> 51:11.240] criminal but you can claim criminal and push the the state to pursue the criminal [51:11.240 --> 51:17.360] prosecution now there is some laws I can't think of them right off hand but [51:17.360 --> 51:24.520] there is some rulings that go way back so before we had district attorneys and [51:24.520 --> 51:29.720] judges seated all through the United States that you can prosecute criminal [51:29.720 --> 51:36.400] on your own by representing and prosecuting yourself but you got you [51:36.400 --> 51:40.480] got to be willing to spend the money because just like the prosecutor has to [51:40.480 --> 51:45.360] put the bill for prosecuting you if you commit a crime you've got to put the [51:45.360 --> 51:54.360] bill to prosecute them well the problem is that is is in 1860 these 1867 or whenever [51:54.360 --> 52:04.880] they put in state prosecutors the state was given exclusive authority to [52:04.880 --> 52:10.920] prosecute crimes so your authority to act in your private capacity was [52:10.920 --> 52:17.680] preempted by that now Tony's been dealing with a private attorney general [52:17.680 --> 52:23.720] and Tony would you like to address that issue sure okay there's a way that that [52:23.720 --> 52:28.920] almost any citizen can become a private attorney general and which would allow [52:28.920 --> 52:34.440] them to prosecute crimes themselves you have to fill out a form you have to [52:34.440 --> 52:39.760] submit it to the Attorney General the United States and certify that you'll [52:39.760 --> 52:44.680] follow the laws and the regulations the United States but once you become a [52:44.680 --> 52:50.440] private attorney general then you have flexibility to file a lot of different [52:50.440 --> 52:55.600] actions against government officials state and federal that don't follow [52:55.600 --> 53:01.680] their oath of office don't follow the Constitution or don't follow the [53:01.680 --> 53:06.480] statutes that they were supposed to follow so what we're doing and are [53:06.480 --> 53:10.720] recommending to people right now is they consider becoming a private attorney [53:10.720 --> 53:18.120] general if they're serious about doing something with the judicial system and [53:18.120 --> 53:27.520] if they find someone that has created violations of the oath of office for [53:27.520 --> 53:31.720] example or violations of statute if they're a government official state or [53:31.720 --> 53:37.880] federal then they file an action against them to have them removed from office [53:37.880 --> 53:42.920] under the private attorney general authorization or they follow QTAM [53:42.920 --> 53:48.840] action against them it's QUI and the second word is TAM they're basically [53:48.840 --> 53:53.880] claiming that that person is defrauding the government by taking money with no [53:53.880 --> 53:59.160] intention of upholding their oath of office what now are you saying that [53:59.160 --> 54:05.160] that's that's not what an attorney general would do I understand that [54:05.160 --> 54:10.920] quite am any person can can pursue a part-time action but that's separate [54:10.920 --> 54:15.620] from being a private attorney that is correct okay but if you do you do a [54:15.620 --> 54:21.920] quite time action you are defined as a private attorney general well then I [54:21.920 --> 54:27.880] can I can speak from Louisiana because I just went Randy you kind of familiar [54:27.880 --> 54:34.840] with my situation with the officer and everything but uh the judge Monday I [54:34.840 --> 54:40.160] went to court on my situation the judge totally violated ever civil right that I [54:40.160 --> 54:46.800] had he refused me to plead he refused to answer what type of court we was in so [54:46.800 --> 54:51.920] forth so I went to my attorney general and I got to speak to one of the [54:51.920 --> 55:00.080] deputies and basically in Louisiana our attorney general has to stand it don't [55:00.080 --> 55:06.440] matter what the police does it don't matter what the judges didn't we as an [55:06.440 --> 55:12.760] attorney general office is not going to prosecute or arrest our brothers kind of [55:12.760 --> 55:16.720] like you were saying earlier they're members of the same country club well [55:16.720 --> 55:23.520] that may be the case but also it may well be that the Louisiana Attorney [55:23.520 --> 55:29.240] General is similar to the Texas Attorney General the Texas Attorney General has [55:29.240 --> 55:39.120] no such power he has no prosecutorial power other than to assist a prosecuting [55:39.120 --> 55:46.680] attorney so if it's the same in Louisiana it may be that your simply have [55:46.680 --> 55:52.640] a misconception about what the Attorney General is there to do and I wouldn't [55:52.640 --> 55:59.080] mess with Attorney General anyway I'd go to the local prosecutor that's against [55:59.080 --> 56:04.080] the state that's one way to do it I think the best thing for people to do is [56:04.080 --> 56:11.200] like like he was saying to file these forms and become Attorney General himself [56:11.200 --> 56:19.000] so if I know this I can't find any Supreme Court ruling that overturned the [56:19.000 --> 56:25.920] right of a citizen to do a felony arrest and everything I can understand when a [56:25.920 --> 56:33.800] judge violates due process he commits a felony because he violated the oath to [56:33.800 --> 56:42.200] the Constitution that he took and that's okay now we get to the real world we [56:42.200 --> 56:49.960] live in one one maximal maxim of law about being about making an arrest is [56:49.960 --> 56:58.960] you must be capable of completing the arrest and I suggest if you try to make [56:58.960 --> 57:05.080] a felony arrest of a judge on the stand you're going to find getting it done is [57:05.080 --> 57:13.440] a lot more difficult than thinking about it so I suggest that that's probably a [57:13.440 --> 57:18.600] bad idea not something I would want to try but the thing I've studied in and [57:18.600 --> 57:23.840] understand about this situation if you do decide to make a felony arrest in [57:23.840 --> 57:31.960] this situation you better not do it in court okay yeah that's what I would do [57:31.960 --> 57:39.440] and what I have done you can see a felony does not have to be arrested at [57:39.440 --> 57:50.240] that immediate time you do have a right you to you know statues and stuff you [57:50.240 --> 57:57.520] know at a later time so I would suggest catching him if you're going to go that [57:57.520 --> 58:05.000] route at his house my suggestion is is that making a felony arrest on a public [58:05.000 --> 58:11.360] official is sort of like being a beekeeper except you don't have all the [58:11.360 --> 58:17.920] protective gear yes you can't expect bees to be happy about what you're about [58:17.920 --> 58:25.320] to do absolutely not you're well within your rights but the bees are not going [58:25.320 --> 58:33.160] to see it that way all right well listen listen we're coming up to the top of the [58:33.160 --> 58:39.640] hour guys so we need to cut to break I'm gonna get out here and I'm gonna listen [58:39.640 --> 58:45.280] all right thank you Terry you know we'll talk to y'all tomorrow all right thank [58:45.280 --> 58:48.800] you for calling in Terry all right when we come back from break we're gonna go [58:48.800 --> 58:52.360] to Jay in New York we also have Christian from Florida on the line this [58:52.360 --> 58:55.400] is the rule of law Raina Kelton and Deborah Stevens we're here with Tony [58:55.400 --> 59:19.360] Davis [59:55.400 --> 01:00:02.400] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech [01:00:02.400 --> 01:00:09.400] talk radio at its best. [01:00:32.400 --> 01:00:39.400] This is your chance to learn more about the Rule of Law Radio Network at ruleoflawradio.com [01:01:02.400 --> 01:01:05.320] was created equally. [01:01:05.320 --> 01:01:08.800] Chant down Babylon and do it daily. [01:01:08.800 --> 01:01:12.280] And when night come, give to everybody. [01:01:12.280 --> 01:01:15.800] So one by one, we have to chant them on. [01:01:15.800 --> 01:01:19.360] We chant down Babylon, because Babylon is wrong. [01:01:19.360 --> 01:01:22.880] The only right man, we say, is the right command. [01:01:22.880 --> 01:01:26.360] We take Mr. Lord, man, devout young man, [01:01:26.360 --> 01:01:29.840] to chant down Babylon, no not later. [01:01:29.840 --> 01:01:33.280] We let Babylon know, say we get engraved. [01:01:33.280 --> 01:01:34.200] OK, we are back. [01:01:34.200 --> 01:01:36.840] The rule of law, Randy Kelton and Deborah Stevens [01:01:36.840 --> 01:01:39.840] chant down Babylon indeed. [01:01:39.840 --> 01:01:44.840] OK, we are speaking now with Jay in New York. [01:01:44.840 --> 01:01:46.080] Jay, thank you for calling in. [01:01:46.080 --> 01:01:49.040] You're on the air with myself and Randy and Tony Davis. [01:01:49.040 --> 01:01:51.360] You have a question for Tony or us? [01:01:51.360 --> 01:01:52.320] Hey, how's it going? [01:01:52.320 --> 01:01:54.000] Going really well. [01:01:54.000 --> 01:01:56.440] All right, I have a two part question. [01:01:56.440 --> 01:01:58.640] One is on topic, one is off topic. [01:01:58.640 --> 01:02:01.720] I don't know if you guys ever sent that email to Tony Davis [01:02:01.720 --> 01:02:05.400] from last week, or earlier this week, actually. [01:02:05.400 --> 01:02:08.920] Anyway, first question is about the mortgage stuff. [01:02:08.920 --> 01:02:13.160] We got a notice in the mail about foreclosure or whatnot. [01:02:13.160 --> 01:02:16.000] My mother answered it back. [01:02:16.000 --> 01:02:18.960] We filed a motion to produce a note, [01:02:18.960 --> 01:02:23.200] and it was denied by the judge. [01:02:23.200 --> 01:02:25.640] So now we're trying to figure out what is the next step. [01:02:25.640 --> 01:02:26.800] OK, well, OK. [01:02:26.800 --> 01:02:29.400] First of all, what kind of court was this? [01:02:29.400 --> 01:02:33.120] Was this like a local court, or a state district [01:02:33.120 --> 01:02:35.320] court, or a federal court? [01:02:35.320 --> 01:02:39.360] Local court, state district court, or civil court. [01:02:39.360 --> 01:02:40.440] Civil court, OK. [01:02:40.440 --> 01:02:43.320] And the judge denied the motion to produce the note? [01:02:43.320 --> 01:02:44.120] Yes. [01:02:44.120 --> 01:02:47.680] OK, so now he's in collusion with the mortgage company [01:02:47.680 --> 01:02:49.520] to defraud you, right? [01:02:49.520 --> 01:02:50.240] Right. [01:02:50.240 --> 01:02:53.280] OK, well, what I would do is I would remove it. [01:02:53.280 --> 01:02:57.040] I would claim bias on its face by the judge [01:02:57.040 --> 01:02:59.400] and say that he has to step aside on the case, [01:02:59.400 --> 01:03:01.400] and I would remove it to federal court. [01:03:01.400 --> 01:03:04.560] And I would counterclaim claimant violations of the Fair [01:03:04.560 --> 01:03:07.320] Debt Collection Practices Act. [01:03:07.320 --> 01:03:08.280] I would claim usury. [01:03:08.280 --> 01:03:09.680] I would claim overbilling. [01:03:09.680 --> 01:03:12.000] I would claim fraud by the mortgage company. [01:03:12.000 --> 01:03:14.040] I would do a request for admissions [01:03:14.040 --> 01:03:16.880] and get them to admit or deny certain facts. [01:03:16.880 --> 01:03:19.360] One of those facts would be to admit or deny [01:03:19.360 --> 01:03:23.240] that they have the original note with the original endorsement [01:03:23.240 --> 01:03:27.640] on the back, and they can produce that, OK? [01:03:27.640 --> 01:03:29.600] There is another issue here. [01:03:29.600 --> 01:03:30.640] Right. [01:03:30.640 --> 01:03:35.560] It's not your place to determine whether or not [01:03:35.560 --> 01:03:43.920] the petitioner has standing to come before the court. [01:03:43.920 --> 01:03:47.080] The court has to make that determination. [01:03:47.080 --> 01:03:50.240] The court, before it can exercise subject matter [01:03:50.240 --> 01:03:55.680] jurisdiction, has to ensure that the pleadings are [01:03:55.680 --> 01:03:58.120] sufficient to invoke the subject matter [01:03:58.120 --> 01:03:59.520] jurisdiction of the court. [01:03:59.520 --> 01:04:04.320] If they don't, then the court is an imposter. [01:04:04.320 --> 01:04:06.400] You should file against the judge [01:04:06.400 --> 01:04:09.240] for impersonating a public official [01:04:09.240 --> 01:04:13.720] by pretending to adjudicate in this case [01:04:13.720 --> 01:04:18.160] when he has not demonstrated his subject matter jurisdiction. [01:04:18.160 --> 01:04:18.660] OK. [01:04:18.660 --> 01:04:20.120] That makes sense. [01:04:20.120 --> 01:04:23.760] It will take the wedding signature. [01:04:23.760 --> 01:04:28.400] It'll take the principal to demonstrate [01:04:28.400 --> 01:04:31.880] standing in the case sufficient to invoke subject matter [01:04:31.880 --> 01:04:34.120] jurisdiction of the court. [01:04:34.120 --> 01:04:37.560] So you should go after the judge criminally [01:04:37.560 --> 01:04:41.360] for impersonating a public official, [01:04:41.360 --> 01:04:43.920] because he has no subject matter jurisdiction. [01:04:43.920 --> 01:04:46.880] And for that, he's suable. [01:04:46.880 --> 01:04:50.800] Well, he's also proved he's biased by definition too. [01:04:50.800 --> 01:04:51.440] Absolutely. [01:04:51.440 --> 01:04:54.600] He's committing criminal acts against you in order [01:04:54.600 --> 01:04:56.960] to support the petitioner. [01:04:56.960 --> 01:04:57.480] OK. [01:04:57.480 --> 01:04:59.360] So the presumption is he's getting [01:04:59.360 --> 01:05:02.760] paid by the mortgage company to prosecute this case. [01:05:02.760 --> 01:05:05.920] That becomes a presumption of the case now. [01:05:05.920 --> 01:05:06.420] Yes. [01:05:06.420 --> 01:05:09.240] And you don't have to prove that. [01:05:09.240 --> 01:05:12.080] You don't even have to imply that. [01:05:12.080 --> 01:05:18.240] It's sufficient that the court is acting in collusion [01:05:18.240 --> 01:05:22.640] with the petitioner in violation of law. [01:05:22.640 --> 01:05:26.320] That's enough to nail the judge with. [01:05:26.320 --> 01:05:30.760] The judge has a ministerial duty. [01:05:30.760 --> 01:05:34.760] Every trial judge has a ministerial duty [01:05:34.760 --> 01:05:39.720] to apply the standing law to the facts [01:05:39.720 --> 01:05:43.120] that Judah developed in the case. [01:05:43.120 --> 01:05:47.280] He may not decide what a law means. [01:05:47.280 --> 01:05:50.800] That's what the Court of Appeals is for in the Supreme Court. [01:05:50.800 --> 01:05:53.480] He must take what they hand down to him [01:05:53.480 --> 01:05:55.200] and apply it to the facts. [01:05:55.200 --> 01:06:01.360] If he fails to do that, he violates a ministerial duty, [01:06:01.360 --> 01:06:02.880] denies you in a right. [01:06:02.880 --> 01:06:05.960] That's a crime in most every state. [01:06:05.960 --> 01:06:07.680] We haven't found it in New Mexico, [01:06:07.680 --> 01:06:11.000] but in the Fed and most every other state, [01:06:11.000 --> 01:06:14.160] that's a crime of official oppression. [01:06:14.160 --> 01:06:17.760] That's criminal and part of the judge. [01:06:17.760 --> 01:06:19.640] Go for the judge. [01:06:19.640 --> 01:06:23.120] Jay, I'm chatting with one of our other hosts right now, [01:06:23.120 --> 01:06:26.720] Greg Chapman, who also deals with fighting mortgage [01:06:26.720 --> 01:06:28.880] companies, and he wants to know how you [01:06:28.880 --> 01:06:30.440] filed the case from the onset. [01:06:33.200 --> 01:06:34.440] He didn't file the case. [01:06:34.440 --> 01:06:36.120] The mortgage company filed the case. [01:06:36.120 --> 01:06:37.680] OK, I'm going to go. [01:06:37.680 --> 01:06:40.600] Basically, what we did was we did it manually, [01:06:40.600 --> 01:06:42.960] just responding back to the foreclosure notice. [01:06:42.960 --> 01:06:45.680] And then after that, we hired a lawyer [01:06:45.680 --> 01:06:49.240] who was doing the same work, but it gets his way or whatnot. [01:06:49.240 --> 01:06:54.920] And basically, what happened was the first notice was, [01:06:54.920 --> 01:06:56.840] the first answer was denied. [01:06:56.840 --> 01:06:59.640] But then the lawyer told us that if it was already denied, [01:06:59.640 --> 01:07:01.040] he couldn't really do nothing for us. [01:07:04.120 --> 01:07:05.680] And then here we are today, trying [01:07:05.680 --> 01:07:09.360] to figure out what we could do without. [01:07:09.360 --> 01:07:15.520] Well, the standard rule on these mortgage cases [01:07:15.520 --> 01:07:18.760] is that if it's in the state court, you move it to the Fed. [01:07:18.760 --> 01:07:21.840] If it's in the state court, you move it to the state. [01:07:21.840 --> 01:07:25.160] Basically, this is like a chess game. [01:07:25.160 --> 01:07:27.320] So you just keep changing the pieces. [01:07:27.320 --> 01:07:29.560] You keep changing the moves. [01:07:29.560 --> 01:07:32.080] And if you do that, then you've got a good chance of winning it. [01:07:32.080 --> 01:07:36.560] But what I would do is I'd move it into the federal jurisdiction. [01:07:36.560 --> 01:07:38.240] I would counterclaim. [01:07:38.240 --> 01:07:40.840] I'd file a notice of removal in the state court, [01:07:40.840 --> 01:07:43.360] and then I would counterclaim. [01:07:43.360 --> 01:07:45.840] Under violation of the Fair Debt Collection Fracture Act, [01:07:45.840 --> 01:07:47.200] I would claim usury. [01:07:47.200 --> 01:07:53.200] I would claim fraud and maybe several other things [01:07:53.200 --> 01:07:54.440] that I could produce for you. [01:07:54.440 --> 01:07:58.880] But I would get it moved to the federal court. [01:07:58.880 --> 01:08:02.360] One of the things we have found, and there [01:08:02.360 --> 01:08:04.520] was a group of former IBM engineers [01:08:04.520 --> 01:08:06.840] that created a program to analyze mortgages [01:08:06.840 --> 01:08:08.600] and analyze their payments. [01:08:08.600 --> 01:08:11.720] We're now supposed to get set up with them shortly. [01:08:11.720 --> 01:08:15.360] But what they have found is that every single mortgage they've [01:08:15.360 --> 01:08:20.960] analyzed shows that there are overbillings by the mortgage [01:08:20.960 --> 01:08:22.680] company. [01:08:22.680 --> 01:08:23.840] I'm not talking about a few. [01:08:23.840 --> 01:08:26.520] I'm talking about everyone. [01:08:26.520 --> 01:08:29.640] This goes back to the 1970s and 1980s [01:08:29.640 --> 01:08:32.480] where the phone companies were overbilling, [01:08:32.480 --> 01:08:35.040] and they needed to increase their revenues and their profits. [01:08:35.040 --> 01:08:36.760] And all they would do is just add money [01:08:36.760 --> 01:08:37.800] to your bill every month. [01:08:37.800 --> 01:08:39.800] And most people wouldn't know. [01:08:39.800 --> 01:08:42.080] They wouldn't know that their bill increased by $2 [01:08:42.080 --> 01:08:44.040] because they don't read the bills. [01:08:44.040 --> 01:08:47.400] But if it's $2 times 20 million people, [01:08:47.400 --> 01:08:50.800] that's a significant amount of money for a telephone company. [01:08:50.800 --> 01:08:53.200] Well, that's similar to what's happened [01:08:53.200 --> 01:08:55.120] in the mortgage industry. [01:08:55.120 --> 01:08:58.200] And the more times the mortgage is sold, [01:08:58.200 --> 01:09:01.320] the more overbilling there is. [01:09:01.320 --> 01:09:03.480] So what we're in the process of doing [01:09:03.480 --> 01:09:08.520] is trying to set these guys up where when you go into court, [01:09:08.520 --> 01:09:12.240] like a federal court, and you allege fraud, [01:09:12.240 --> 01:09:14.000] then they can provide the program where [01:09:14.000 --> 01:09:15.200] you can prove that fraud. [01:09:18.200 --> 01:09:23.080] All right, that sounds like exactly what we want to do. [01:09:23.080 --> 01:09:24.840] We want to prove they're committing fraud [01:09:24.840 --> 01:09:26.240] because they are. [01:09:26.240 --> 01:09:29.600] Greg Chapman has called in one of our hosts on this network. [01:09:29.600 --> 01:09:32.560] He's one of the hosts on Agenda 21 Talk. [01:09:32.560 --> 01:09:34.600] Greg, thanks for calling in. [01:09:34.600 --> 01:09:38.680] You had some comments you wanted to say to Jay. [01:09:38.680 --> 01:09:44.440] Yeah, apparently, I guess they filed a case before you, Jay. [01:09:44.440 --> 01:09:45.920] Is that correct? [01:09:45.920 --> 01:09:49.360] You went on the defense? [01:09:49.360 --> 01:09:51.720] Yes. [01:09:51.720 --> 01:10:00.880] OK, now, and actually, Randy could actually [01:10:00.880 --> 01:10:02.680] clarify this better than me. [01:10:02.680 --> 01:10:06.240] But what we actually did was go on the offense. [01:10:06.240 --> 01:10:10.000] We filed a lawsuit in circuit court first. [01:10:10.000 --> 01:10:14.720] And I guess that really put the guy [01:10:14.720 --> 01:10:17.920] that they were foreclosing on, that put him in the driver's [01:10:17.920 --> 01:10:23.080] seat, because Mike has really controlled this thing [01:10:23.080 --> 01:10:24.200] throughout. [01:10:24.200 --> 01:10:26.440] And they're not able to answer. [01:10:26.440 --> 01:10:28.160] Of everything that they've answered, [01:10:28.160 --> 01:10:31.680] and they hired 42 attorneys, by the way, [01:10:31.680 --> 01:10:35.920] they have not been able to answer the promissory note [01:10:35.920 --> 01:10:36.560] portion. [01:10:36.560 --> 01:10:40.400] And it looks as though I think we've got them. [01:10:40.400 --> 01:10:43.600] But that was my main question. [01:10:43.600 --> 01:10:45.520] And my suggestion to anybody would [01:10:45.520 --> 01:10:50.000] be to go on the offense before the mortgage company gets [01:10:50.000 --> 01:10:51.560] a chance to do that. [01:10:51.560 --> 01:10:54.040] I'd say, well, you go on the offense as soon as possible, [01:10:54.040 --> 01:10:55.120] don't you, Randy? [01:10:55.120 --> 01:10:58.240] Yes, if it comes to you, you still [01:10:58.240 --> 01:11:02.560] have the option of turning into the plaintiff [01:11:02.560 --> 01:11:08.160] by filing a counterclaim against the mortgage company. [01:11:08.160 --> 01:11:10.040] You get to put them back on the defensive. [01:11:10.040 --> 01:11:12.600] And like Jay, in your case, where [01:11:12.600 --> 01:11:18.640] you have a judge supporting a clearly improper position, [01:11:18.640 --> 01:11:20.720] go for the judge. [01:11:20.720 --> 01:11:25.280] Yeah, and then I would recommend moving it to federal court. [01:11:25.280 --> 01:11:32.360] Yeah, and file a counterclaim making [01:11:32.360 --> 01:11:34.760] constitutional allegations that will get you [01:11:34.760 --> 01:11:36.600] to the federal court. [01:11:36.600 --> 01:11:40.640] And include the judge in the counterclaim [01:11:40.640 --> 01:11:43.840] accusing the judge of acting without subject matter [01:11:43.840 --> 01:11:45.080] jurisdiction. [01:11:45.080 --> 01:11:48.680] And therefore, he has no immunity from civil litigation. [01:11:48.680 --> 01:11:50.680] And what else you could do is you could also [01:11:50.680 --> 01:11:52.960] include the law firm itself. [01:11:52.960 --> 01:11:57.640] OK, because if they haven't produced the original note, [01:11:57.640 --> 01:11:59.120] then they knew or should have known [01:11:59.120 --> 01:12:02.040] that they were engaged in fraudulent proceedings. [01:12:02.040 --> 01:12:05.240] OK, so what I would do is when I file my counterclaim, [01:12:05.240 --> 01:12:09.840] I would include the law firm as one of the descendants. [01:12:09.840 --> 01:12:14.320] Hey, Jay, how much money is involved here? [01:12:14.320 --> 01:12:17.320] How much is their claim? [01:12:17.320 --> 01:12:21.240] They're saying it's $379,000. [01:12:21.240 --> 01:12:24.160] $379,000. [01:12:24.160 --> 01:12:28.120] You can, OK, look under the federal rules. [01:12:28.120 --> 01:12:32.760] Under diversity, anything over $75,000 [01:12:32.760 --> 01:12:38.280] is you can remove it to federal court. [01:12:38.280 --> 01:12:40.080] That's if you have diversity. [01:12:40.080 --> 01:12:41.480] Federal allegations, too. [01:12:41.480 --> 01:12:43.880] That gives them grounds to remove it to federal court [01:12:43.880 --> 01:12:45.000] anyway, doesn't it? [01:12:45.000 --> 01:12:45.600] Exactly. [01:12:45.600 --> 01:12:48.760] If you can make a counterclaim with a federal claim [01:12:48.760 --> 01:12:53.000] in the counterclaim, a constitutional violation, [01:12:53.000 --> 01:12:55.240] and due process is one. [01:12:55.240 --> 01:12:58.640] In fact, it's the act, right. [01:12:58.640 --> 01:13:00.800] Right, so you make two allegations. [01:13:00.800 --> 01:13:04.000] You make the allegations of the amount in diversities [01:13:04.000 --> 01:13:07.440] over an amount in disputes over $75,000. [01:13:07.440 --> 01:13:13.000] That's one jurisdiction allegation. [01:13:13.000 --> 01:13:15.000] Second jurisdiction allegation is the fact [01:13:15.000 --> 01:13:18.920] that they violated federal law or the Constitution, [01:13:18.920 --> 01:13:21.880] and that gives you grounds to be in federal court. [01:13:21.880 --> 01:13:26.120] You can accuse the judge of denying your right [01:13:26.120 --> 01:13:32.560] to a fair and public trial by acting without subject matter [01:13:32.560 --> 01:13:37.600] jurisdiction and to be free from unreasonable search [01:13:37.600 --> 01:13:38.800] and seizure. [01:13:38.800 --> 01:13:43.200] So they're seizing your property without due process. [01:13:43.200 --> 01:13:46.800] The first thing the judge has to demonstrate [01:13:46.800 --> 01:13:49.800] is that he has the authority to stand before you, [01:13:49.800 --> 01:13:51.920] and he hasn't done that. [01:13:51.920 --> 01:13:54.280] So you make the constitutional claim. [01:13:54.280 --> 01:13:56.920] You include the judge in the claim. [01:13:56.920 --> 01:14:00.200] And the determination of whether or not it goes to the court [01:14:00.200 --> 01:14:05.080] is not what you can prove up, but the nature of the claim [01:14:05.080 --> 01:14:07.280] that you make. [01:14:07.280 --> 01:14:12.800] If you make a proper claim of a constitutional violation, [01:14:12.800 --> 01:14:17.680] then the other side can claim, well, that's not true, [01:14:17.680 --> 01:14:18.720] and he can't prove that. [01:14:18.720 --> 01:14:20.600] It makes no difference. [01:14:20.600 --> 01:14:24.080] It's a material fact in dispute. [01:14:24.080 --> 01:14:27.160] Therefore, there's no summary judgment. [01:14:27.160 --> 01:14:29.560] Then the judge has to hire his own attorney [01:14:29.560 --> 01:14:31.400] and adjudicate it in court. [01:14:31.400 --> 01:14:33.640] You don't care if you lose. [01:14:33.640 --> 01:14:35.440] You don't care about the judge anyway. [01:14:35.440 --> 01:14:37.680] You just get to kick his behind real good, [01:14:37.680 --> 01:14:39.240] and the next judge is not going to want [01:14:39.240 --> 01:14:44.200] to get in the same bucket with this judge. [01:14:44.200 --> 01:14:46.600] Does that make sense? [01:14:46.600 --> 01:14:48.520] OK, yes, it does. [01:14:48.520 --> 01:14:50.520] Yeah, when you talk to attorneys, [01:14:50.520 --> 01:14:54.320] they only think in terms of what they can win. [01:14:54.320 --> 01:14:57.040] This is about politics. [01:14:57.040 --> 01:15:00.640] And right now, the politics is working against you [01:15:00.640 --> 01:15:04.280] because the judge is ruling in favor of the guys [01:15:04.280 --> 01:15:06.600] who have the big money. [01:15:06.600 --> 01:15:09.440] So you turn the politics back on the judge [01:15:09.440 --> 01:15:13.120] by reaching into his pocket and forcing him [01:15:13.120 --> 01:15:16.240] to have to hire his own attorney. [01:15:16.240 --> 01:15:20.960] That will give you some leverage before the court. [01:15:20.960 --> 01:15:24.400] Won't make them happy, but they don't need to like you anyway. [01:15:24.400 --> 01:15:27.400] Well, you know, this isn't a game of popularity. [01:15:27.400 --> 01:15:29.480] It's a game of winning. [01:15:29.480 --> 01:15:31.560] So what do you mean? [01:15:31.560 --> 01:15:33.600] So where do I go for the forms and stuff like that? [01:15:33.600 --> 01:15:38.880] Because I don't know what forms to get or what to fill out. [01:15:38.880 --> 01:15:40.800] I have no idea. [01:15:40.800 --> 01:15:43.000] The federal forms, there's a company [01:15:43.000 --> 01:15:45.600] called O'Connor's Federal Forms and Federal Rules, [01:15:45.600 --> 01:15:46.080] I assume. [01:15:49.080 --> 01:15:49.880] Did I lose you? [01:15:49.880 --> 01:15:53.000] Yeah, OK, O'Connor's Federal Forms, [01:15:53.000 --> 01:15:55.520] O'Connor's Federal Rules, you can look them up online. [01:15:55.520 --> 01:15:57.640] They're in Houston. [01:15:57.640 --> 01:15:58.280] OK. [01:15:58.280 --> 01:15:59.640] You need both books. [01:15:59.640 --> 01:16:03.080] I think they're like about $60 a piece, $70 a piece. [01:16:03.080 --> 01:16:06.360] OK, you need the federal rules, which give you all the case [01:16:06.360 --> 01:16:07.360] law. [01:16:07.360 --> 01:16:07.880] Right. [01:16:07.880 --> 01:16:11.760] You need the federal forms, and they come in this form also. [01:16:11.760 --> 01:16:13.840] OK, so you can load the disk, and you [01:16:13.840 --> 01:16:16.160] can manipulate the forms in Word, [01:16:16.160 --> 01:16:17.480] and then you can fill in the form [01:16:17.480 --> 01:16:19.720] and then file the complaint. [01:16:19.720 --> 01:16:21.960] OK, so everything's on those books then? [01:16:21.960 --> 01:16:24.160] Everything that you want to know about federal courts [01:16:24.160 --> 01:16:27.360] is in those books. [01:16:27.360 --> 01:16:29.240] All right, so that basically takes [01:16:29.240 --> 01:16:31.360] care of part of the mortgage stuff. [01:16:31.360 --> 01:16:37.080] Now, as far as, I don't know if Randy sent you my email. [01:16:37.080 --> 01:16:39.320] I don't remember seeing it yet. [01:16:39.320 --> 01:16:41.200] OK, does this take three? [01:16:41.200 --> 01:16:42.880] OK, listen, listen, we're going to break. [01:16:42.880 --> 01:16:45.200] Jay, do you want to stay on the line? [01:16:45.200 --> 01:16:46.000] Yes, I do. [01:16:46.000 --> 01:16:48.000] OK, also, we have Christian from Florida. [01:16:48.000 --> 01:16:49.320] Christian, we'll take you next. [01:16:49.320 --> 01:16:50.760] We'll be right back. [01:16:50.760 --> 01:16:54.240] OK. [01:16:54.240 --> 01:16:54.720] Go on. [01:16:59.720 --> 01:17:01.640] Are you looking for an investment that [01:17:01.640 --> 01:17:05.440] has no stock market risk, has a 100% track [01:17:05.440 --> 01:17:07.840] record of returning profits, is not [01:17:07.840 --> 01:17:11.880] affected by fluctuations in oil prices and interest rates, [01:17:11.880 --> 01:17:14.760] is publicly traded and SEC regulated? [01:17:14.760 --> 01:17:17.560] If this kind of peace of mind is what you have been looking [01:17:17.560 --> 01:17:20.280] for in an investment, then life settlements [01:17:20.280 --> 01:17:22.080] is the investment for you. [01:17:22.080 --> 01:17:25.960] Our annual rate of return has been 15.83% [01:17:25.960 --> 01:17:28.040] for the last 17 years. [01:17:28.040 --> 01:17:30.720] Our investments are insurance and banking commission [01:17:30.720 --> 01:17:31.800] regulated. [01:17:31.800 --> 01:17:35.560] Our returns are assured by the largest insurance companies. [01:17:35.560 --> 01:17:39.720] Even qualified retirement plans, such as 401Ks and IRAs, [01:17:39.720 --> 01:17:41.760] are eligible for transfer. [01:17:41.760 --> 01:17:44.120] We charge absolutely no commissions. [01:17:44.120 --> 01:17:47.240] 100% of your investment goes to work for you. [01:17:47.240 --> 01:17:51.040] Please visit sleepwellinvestment.com [01:17:51.040 --> 01:17:56.880] or call Bill Schober at 817-975-2431. [01:17:56.880 --> 01:18:04.960] That's sleepwellinvestment.com or call 817-975-2431. [01:18:04.960 --> 01:18:21.240] Ain't going to blame me, don't blame me. [01:18:21.240 --> 01:18:30.200] Well, ain't going to fool me with that same old truth again. [01:18:30.200 --> 01:18:35.200] I was blindsided, but now I can see you again. [01:18:35.200 --> 01:18:40.200] You put the fear in my pocket, and took the money from my hand. [01:18:40.200 --> 01:18:44.680] Ain't going to fool me with that same old trick again. [01:18:48.680 --> 01:18:50.680] Ain't going to fool me. [01:18:50.680 --> 01:18:51.680] OK, we are back. [01:18:51.680 --> 01:18:55.680] The rule of law, Randy Kelton and Deborah Stevens. [01:18:55.680 --> 01:18:57.680] We're here with our guest, Tony Davis, [01:18:57.680 --> 01:19:01.680] and also one of our other hosts, Greg Chapman, [01:19:01.680 --> 01:19:03.680] from Agenda 21 Talk. [01:19:03.680 --> 01:19:06.680] His show is on Tuesday nights from 8 to 10 [01:19:06.680 --> 01:19:11.680] and Friday nights from 6 to 8, talking about Agenda 21, [01:19:11.680 --> 01:19:14.680] the UN General Assembly meeting. [01:19:14.680 --> 01:19:21.680] Tuesday nights from 6 to 10 and Friday nights from 6 to 8, talking about Agenda 21, [01:19:21.680 --> 01:19:26.680] the UN policies infiltrating down to our local level [01:19:26.680 --> 01:19:28.680] and talking about commercial law as well. [01:19:28.680 --> 01:19:30.680] So thanks for joining us tonight, Greg. [01:19:30.680 --> 01:19:35.680] And we're speaking with Jay in New York. [01:19:35.680 --> 01:19:36.680] Jay. [01:19:36.680 --> 01:19:38.680] Yes. [01:19:38.680 --> 01:19:40.680] OK, you had another question? [01:19:40.680 --> 01:19:44.680] Basically, I don't know if you guys remember, but I called in about the federal case [01:19:44.680 --> 01:19:46.680] that I'm facing right now, the conspiracy. [01:19:46.680 --> 01:19:49.680] OK. [01:19:49.680 --> 01:19:51.680] I don't know which way to go with this. [01:19:51.680 --> 01:19:56.680] You know, I'm lost, but I got a legal aid. [01:19:56.680 --> 01:19:58.680] Yes, OK. [01:19:58.680 --> 01:20:03.680] The last time you called me, you were going to an arraignment hearing? [01:20:03.680 --> 01:20:06.680] Some type of conference with the judge, yes. [01:20:06.680 --> 01:20:08.680] That was yesterday, by the way. [01:20:08.680 --> 01:20:10.680] What happened at the conference? [01:20:10.680 --> 01:20:14.680] Basically, all they talked about was just other guys that are involved in the indictment, [01:20:14.680 --> 01:20:16.680] their bails, and how they could get them out, [01:20:16.680 --> 01:20:21.680] and how the prosecutor wanted to keep them in because of their flight risk and whatnot. [01:20:21.680 --> 01:20:24.680] And they just made a whole bunch of pleas, and that was it. [01:20:24.680 --> 01:20:28.680] OK, so most of the other people fled in this case? [01:20:28.680 --> 01:20:29.680] Right. [01:20:29.680 --> 01:20:31.680] You know, they said not guilty or whatnot. [01:20:31.680 --> 01:20:32.680] And that was it. [01:20:32.680 --> 01:20:34.680] It was kind of like a one, two, three thing. [01:20:34.680 --> 01:20:37.680] And what did you do in the arraignment? [01:20:37.680 --> 01:20:39.680] Last week, I was just there with my lawyer, [01:20:39.680 --> 01:20:44.680] and he was just telling me about the case or whatnot, but I had a lot of questions for him. [01:20:44.680 --> 01:20:46.680] He didn't want to get me. [01:20:46.680 --> 01:20:49.680] He just, I know he's definitely working for them, you know what I mean? [01:20:49.680 --> 01:20:52.680] Because I asked him for my case file, you know, copies of everything, [01:20:52.680 --> 01:20:54.680] and he just kind of played stupid for me. [01:20:54.680 --> 01:20:58.680] And I was like, you know, I just want, he just gave me basically a copy of the indictment. [01:20:58.680 --> 01:20:59.680] And I was like, what about everything else? [01:20:59.680 --> 01:21:01.680] I want to see your copies of everything. [01:21:01.680 --> 01:21:06.680] And he just kind of played stupid and just walked back in the courtroom. [01:21:06.680 --> 01:21:10.680] And then by the time I knew it, they were talking about the other guys that are in the case [01:21:10.680 --> 01:21:12.680] that were, I guess, still behind bars. [01:21:12.680 --> 01:21:16.680] And it is, you know, the plea. [01:21:16.680 --> 01:21:17.680] That's what it was. [01:21:17.680 --> 01:21:18.680] Okay. [01:21:18.680 --> 01:21:20.680] This is a quarter-pointed attorney, right? [01:21:20.680 --> 01:21:21.680] Yeah. [01:21:21.680 --> 01:21:22.680] Okay. [01:21:22.680 --> 01:21:23.680] Okay. [01:21:23.680 --> 01:21:25.680] Well, he works for the government. [01:21:25.680 --> 01:21:26.680] Yeah. [01:21:26.680 --> 01:21:29.680] He's not your bud. [01:21:29.680 --> 01:21:30.680] No, he's not. [01:21:30.680 --> 01:21:31.680] Okay. [01:21:31.680 --> 01:21:36.680] You were right, starting early, wanting everything in the case. [01:21:36.680 --> 01:21:37.680] Mm-hmm. [01:21:37.680 --> 01:21:41.680] Since you're in New York, it's a little more difficult. [01:21:41.680 --> 01:21:45.680] Have you written up a narrative? [01:21:45.680 --> 01:21:46.680] The journal? [01:21:46.680 --> 01:21:52.680] A narrative of what happened, the facts to date? [01:21:52.680 --> 01:21:54.680] The second day, no, I'm missing a couple of days. [01:21:54.680 --> 01:21:56.680] But I have been keeping a little journal. [01:21:56.680 --> 01:21:59.680] If you write up a narrative and then send it over, I'll take a look at it [01:21:59.680 --> 01:22:01.680] and I'll show you what needs to be done. [01:22:01.680 --> 01:22:02.680] Yeah. [01:22:02.680 --> 01:22:04.680] Tell us a story. [01:22:04.680 --> 01:22:08.680] Tell us a good, interesting story that has all the pieces in it. [01:22:08.680 --> 01:22:12.680] There's nothing better for your case that you can do [01:22:12.680 --> 01:22:20.680] than writing everything down in as minute a detail as you possibly can. [01:22:20.680 --> 01:22:22.680] The other side's not going to do that. [01:22:22.680 --> 01:22:27.680] They'll wind up getting their facts out of place and misconstrued. [01:22:27.680 --> 01:22:30.680] And if you have a well-written narrative, [01:22:30.680 --> 01:22:34.680] your facts will always be exactly in order. [01:22:34.680 --> 01:22:37.680] Your facts will never change. [01:22:37.680 --> 01:22:40.680] And at the very least, you will sound believable [01:22:40.680 --> 01:22:42.680] because your story never changes. [01:22:42.680 --> 01:22:46.680] Yeah, and you'll probably be able to bust these other guys in a lie, too, [01:22:46.680 --> 01:22:47.680] or several. [01:22:47.680 --> 01:22:48.680] Okay. [01:22:48.680 --> 01:22:55.680] And also, there are things you don't know to pay attention to. [01:22:55.680 --> 01:23:01.680] And when you write up a good narrative, [01:23:01.680 --> 01:23:05.680] Tony Davis has been working in the federal arena. [01:23:05.680 --> 01:23:07.680] He's going to look at your narrative, [01:23:07.680 --> 01:23:11.680] and he's going to have questions about things you probably never thought of [01:23:11.680 --> 01:23:13.680] because he'll see the gaps where they belong [01:23:13.680 --> 01:23:16.680] and ask you questions about stuff you hadn't thought of [01:23:16.680 --> 01:23:21.680] that go to some real issues that may help you more than you expect. [01:23:21.680 --> 01:23:24.680] So a narrative is the most valuable thing you can do. [01:23:24.680 --> 01:23:29.680] There are several basic rules that you follow in these criminal cases. [01:23:29.680 --> 01:23:34.680] Okay, with your attorney, when you start asking him questions, you watch his eyes. [01:23:34.680 --> 01:23:37.680] Okay, and if you pay attention to his eyes, [01:23:37.680 --> 01:23:40.680] then you'll know if he's lying to you or not. [01:23:40.680 --> 01:23:45.680] Okay, and that's the first sign that you've got a real problem. [01:23:45.680 --> 01:23:47.680] Okay, number two, he works for the government. [01:23:47.680 --> 01:23:48.680] He doesn't work for you. [01:23:48.680 --> 01:23:50.680] He doesn't get paid by you. [01:23:50.680 --> 01:23:51.680] Right. [01:23:51.680 --> 01:23:57.680] Number three, 98.6% of all criminal cases in the United States [01:23:57.680 --> 01:24:02.680] where an attorney is involved result in convictions. [01:24:02.680 --> 01:24:06.680] In other words, you have a better aunt in Las Vegas. [01:24:06.680 --> 01:24:08.680] Yeah, so what good are they? [01:24:08.680 --> 01:24:15.680] Yeah, so the only thing they are there for is to get a plea bargain for the government. [01:24:15.680 --> 01:24:17.680] Let me give you a simple example. [01:24:17.680 --> 01:24:21.680] We were brought in on the Joe Prokop games. [01:24:21.680 --> 01:24:25.680] He was a former football player, a player, been in the NFL for seven years, [01:24:25.680 --> 01:24:30.680] and then he got involved and he was a sales manager for this tax program, [01:24:30.680 --> 01:24:39.680] and he had gotten reference letters and authentications from two major law firms. [01:24:39.680 --> 01:24:45.680] One of the former IRS commissioners on the board of directors, he had signed off on it, [01:24:45.680 --> 01:24:49.680] and all of a sudden they decided they didn't like the fact that this program was too good or something, [01:24:49.680 --> 01:24:54.680] so they decided to go after everybody and they went after Prokop because he was high profile. [01:24:54.680 --> 01:25:00.680] So the first time I talked to him, he said, look, I've got an attorney, and I said, that's good. [01:25:00.680 --> 01:25:08.680] He said, well, the problem is the attorney told me that I can sign a plea agreement today for five years [01:25:08.680 --> 01:25:13.680] or tomorrow I can sign a plea agreement for 20 years. [01:25:13.680 --> 01:25:16.680] And he said, I have to waive my rights to indictment. [01:25:16.680 --> 01:25:19.680] I have to waive all my rights to prearrayment, [01:25:19.680 --> 01:25:25.680] and I have to agree to go ahead and just enter my plea and go to prison. [01:25:25.680 --> 01:25:28.680] And I said, well, here's my first question. [01:25:28.680 --> 01:25:35.680] How is it that a prosecutor can determine how much time you're going to get? [01:25:35.680 --> 01:25:39.680] Okay, question number two. [01:25:39.680 --> 01:25:44.680] If they're offering you a plea agreement, why don't you get it in writing? [01:25:44.680 --> 01:25:49.680] Because if they're saying your plea is worth five years right now, [01:25:49.680 --> 01:25:55.680] get it in writing and then go to trial because they can't penalize you for your right to go to trial. [01:25:55.680 --> 01:25:59.680] That's a constitutional right. [01:25:59.680 --> 01:26:01.680] Oh, well, my attorney never told me that. [01:26:01.680 --> 01:26:04.680] Well, it would be no surprise. [01:26:04.680 --> 01:26:05.680] Okay. [01:26:05.680 --> 01:26:10.680] And I said the third thing is, and I said they're claiming that if you don't do this, [01:26:10.680 --> 01:26:13.680] they're going to indict you. [01:26:13.680 --> 01:26:14.680] Okay. [01:26:14.680 --> 01:26:18.680] I said then what you need to do is you need to send a letter, okay, [01:26:18.680 --> 01:26:27.680] to the grand jury foreman care of the prosecutor that you have exculpatory evidence in your case. [01:26:27.680 --> 01:26:28.680] Okay. [01:26:28.680 --> 01:26:32.680] And you need to notify them that you're willing to produce that evidence, okay, [01:26:32.680 --> 01:26:37.680] because the U.S. prosecutor's manual requires that if a U.S. attorney is given notice [01:26:37.680 --> 01:26:40.680] of exculpatory evidence while he's in grand jury proceedings, [01:26:40.680 --> 01:26:46.680] he's supposed to stop all proceedings and he's supposed to investigate. [01:26:46.680 --> 01:26:48.680] Okay. [01:26:48.680 --> 01:26:50.680] And I said how long have they been working on this case? [01:26:50.680 --> 01:26:54.680] And he said five years. [01:26:54.680 --> 01:26:55.680] Okay. [01:26:55.680 --> 01:26:58.680] And I said well, go ahead and send the notice that you have exculpatory evidence [01:26:58.680 --> 01:27:00.680] and you're willing to present it. [01:27:00.680 --> 01:27:03.680] And I said then you need to send a second letter. [01:27:03.680 --> 01:27:07.680] You need to send a letter saying that a lot of these exculpatory evidence [01:27:07.680 --> 01:27:09.680] that I'm willing to present is in your records [01:27:09.680 --> 01:27:14.680] and I want it now in order to present it to the grand jury. [01:27:14.680 --> 01:27:18.680] Well, you know, these guys, you know, some of these guys are candle jockeys, [01:27:18.680 --> 01:27:23.680] so what they did is they indicted him in one day. [01:27:23.680 --> 01:27:24.680] Okay. [01:27:24.680 --> 01:27:25.680] Now listen to this. [01:27:25.680 --> 01:27:27.680] They have a five-year investigation. [01:27:27.680 --> 01:27:30.680] The grand jury typically convenes at 10 o'clock in the morning, [01:27:30.680 --> 01:27:33.680] takes a two-hour lunch and leaves at 4 o'clock in the afternoon. [01:27:33.680 --> 01:27:39.680] So they take five years of evidence and indict someone in one day. [01:27:39.680 --> 01:27:40.680] Okay. [01:27:40.680 --> 01:27:46.680] So I say Joe, that's absolute total bull. [01:27:46.680 --> 01:27:47.680] Okay. [01:27:47.680 --> 01:27:50.680] I said somebody railroaded the grand jury proceedings, [01:27:50.680 --> 01:27:52.680] so you need to get copies of them. [01:27:52.680 --> 01:27:53.680] Okay. [01:27:53.680 --> 01:27:55.680] So we prepare a bunch of motions for Joe. [01:27:55.680 --> 01:27:56.680] Okay. [01:27:56.680 --> 01:28:01.680] He goes into his arraignment proceedings, okay, [01:28:01.680 --> 01:28:04.680] and the court says we're appointing you this counsel. [01:28:04.680 --> 01:28:06.680] It's a female. [01:28:06.680 --> 01:28:07.680] Okay. [01:28:07.680 --> 01:28:09.680] So therefore this is going to be your counsel. [01:28:09.680 --> 01:28:11.680] He said I don't want counsel. [01:28:11.680 --> 01:28:14.680] And the judge says, I think it's a female judge says, [01:28:14.680 --> 01:28:17.680] well, you're going to get counsel and this is your counsel. [01:28:17.680 --> 01:28:20.680] And he says, well, I have a right to represent myself. [01:28:20.680 --> 01:28:21.680] I don't want counsel. [01:28:21.680 --> 01:28:23.680] And here's all my motions I'm ready to file, [01:28:23.680 --> 01:28:27.680] including motions for all the grand jury records. [01:28:27.680 --> 01:28:29.680] And the judge says, no, no, no, you're getting counsel. [01:28:29.680 --> 01:28:32.680] We'll let your counsel have everything. [01:28:32.680 --> 01:28:35.680] So Joe calls me at break and says, what do I do? [01:28:35.680 --> 01:28:39.680] And I said, interview your counsel. [01:28:39.680 --> 01:28:40.680] And he says, what do I ask? [01:28:40.680 --> 01:28:43.680] And I said, ask a couple of questions. [01:28:43.680 --> 01:28:46.680] All you need to ask is two, but I'll give you some more. [01:28:46.680 --> 01:28:49.680] The first question you ask of this counsel is, [01:28:49.680 --> 01:28:53.680] will you certify before the court that you will uphold my [01:28:53.680 --> 01:28:57.680] constitutional rights? [01:28:57.680 --> 01:29:02.680] The second question you ask is, what is my remedy? [01:29:02.680 --> 01:29:03.680] Okay. [01:29:03.680 --> 01:29:05.680] So he says, I want to interview counsel. [01:29:05.680 --> 01:29:06.680] The judge is sure. [01:29:06.680 --> 01:29:07.680] Go ahead. [01:29:07.680 --> 01:29:09.680] Go out in the lobby, sit down with your counsel, [01:29:09.680 --> 01:29:12.680] interview her and then come back in. [01:29:12.680 --> 01:29:14.680] So he goes in. [01:29:14.680 --> 01:29:16.680] He goes out in the lobby with his counsel, [01:29:16.680 --> 01:29:19.680] sits down with her and ask her the first question, [01:29:19.680 --> 01:29:23.680] will you certify before the court that you will uphold my [01:29:23.680 --> 01:29:27.680] constitutional rights? [01:29:27.680 --> 01:29:30.680] The attorney gets up and says, I can't represent you [01:29:30.680 --> 01:29:33.680] and turns around and walks away. [01:29:33.680 --> 01:29:36.680] Wow. [01:29:36.680 --> 01:29:40.680] That's great. [01:29:40.680 --> 01:29:44.680] Jay, you're going to want to talk to Tony. [01:29:44.680 --> 01:29:46.680] He will give you a lot of tools. [01:29:46.680 --> 01:29:47.680] That's great. [01:29:47.680 --> 01:29:50.680] Okay. [01:29:50.680 --> 01:29:53.680] I'll be happy to point you in the right direction. [01:29:53.680 --> 01:29:57.680] Just go to the website, send me an email. [01:29:57.680 --> 01:30:00.680] I'll forward it to Tony so he can get back to you. [01:30:00.680 --> 01:30:01.680] Okay, good. [01:30:01.680 --> 01:30:03.680] I sent you one already, Randy, on Monday. [01:30:03.680 --> 01:30:04.680] Okay. [01:30:04.680 --> 01:30:07.680] Randy is out of town right now, so why don't you try him again [01:30:07.680 --> 01:30:11.680] or you can send me direct if you want to, if it's okay with Randy. [01:30:11.680 --> 01:30:12.680] Yeah, absolutely. [01:30:12.680 --> 01:30:18.680] Okay, that's ILS like India Larry Sam Services with an S at the end, [01:30:18.680 --> 01:30:22.680] INC like Incorporated at yahoo.com. [01:30:22.680 --> 01:30:27.680] Okay, so it's ILS like India Larry Sam Services with an S? [01:30:27.680 --> 01:30:41.680] Yeah, ILS like INC like Incorporated at yahoo.com. [01:30:41.680 --> 01:30:48.680] All right, and it's one more time, I'm sorry, ILS and then services or S as in services? [01:30:48.680 --> 01:30:51.680] No, ILS and services with an S at the end. [01:30:51.680 --> 01:30:56.680] Yes, so there's two S's, ILSSERVICES. [01:30:56.680 --> 01:30:59.680] INC at yahoo.com. [01:30:59.680 --> 01:31:01.680] yahoo.com, right. [01:31:01.680 --> 01:31:05.680] Send me an email and I'll get with you and we'll discuss strategy, okay? [01:31:05.680 --> 01:31:06.680] I appreciate it a lot, Tony. [01:31:06.680 --> 01:31:07.680] Thank you very much. [01:31:07.680 --> 01:31:08.680] You're welcome. [01:31:08.680 --> 01:31:09.680] Okay. [01:31:09.680 --> 01:31:12.680] Big shout out to Rob at some Texas that put me up to this whole floor. [01:31:12.680 --> 01:31:14.680] Well, okay, good. [01:31:14.680 --> 01:31:15.680] Thank you. [01:31:15.680 --> 01:31:16.680] All right. [01:31:16.680 --> 01:31:17.680] Okay, great. [01:31:17.680 --> 01:31:18.680] Bye-bye. [01:31:18.680 --> 01:31:22.680] Okay, we are going to go now to Christian in Florida. [01:31:22.680 --> 01:31:23.680] Hey, Christian. [01:31:23.680 --> 01:31:24.680] Hi, Deborah. [01:31:24.680 --> 01:31:25.680] Hi, Randy. [01:31:25.680 --> 01:31:26.680] How are you doing? [01:31:26.680 --> 01:31:27.680] Hi. [01:31:27.680 --> 01:31:28.680] Hi, Tony Davis. [01:31:28.680 --> 01:31:29.680] How are you? [01:31:29.680 --> 01:31:30.680] I'm fine. [01:31:30.680 --> 01:31:34.680] I've been running across a lot of people here in Florida that are in mortgage foreclosures. [01:31:34.680 --> 01:31:39.680] Their property's gone for sale and the plaintiff has rid of possession. [01:31:39.680 --> 01:31:40.680] Okay. [01:31:40.680 --> 01:31:45.680] And I'd like to talk about temporary restraining orders, ex parte without notice. [01:31:45.680 --> 01:31:46.680] Okay. [01:31:46.680 --> 01:31:51.680] Does a true action have to be filed with the original complaint? [01:31:51.680 --> 01:31:52.680] Well, no, it doesn't. [01:31:52.680 --> 01:31:55.680] You can file a TRO before the complaint. [01:31:55.680 --> 01:31:59.680] So as long as you've got a verified pleading or a verified motion or an affidavit in support of? [01:31:59.680 --> 01:32:01.680] Yeah, let me tell you the trick about TROs. [01:32:01.680 --> 01:32:03.680] You're talking about filing in federal court? [01:32:03.680 --> 01:32:04.680] This would be in state. [01:32:04.680 --> 01:32:05.680] Okay. [01:32:05.680 --> 01:32:15.680] Well, one of the things that is a question mark regarding TROs is that sometimes the court requires a bond when you file a TRO. [01:32:15.680 --> 01:32:16.680] Right. [01:32:16.680 --> 01:32:17.680] Okay. [01:32:17.680 --> 01:32:19.680] So the question is how do you get around the bond? [01:32:19.680 --> 01:32:27.680] Well, you know, one way to get around the bond is you just say that you want to put the property in the court's possession until the issue is resolved. [01:32:27.680 --> 01:32:28.680] Okay. [01:32:28.680 --> 01:32:36.680] All right, and then, you know, you want the right to stay there, but, you know, you want the property to be held in the court's possession. [01:32:36.680 --> 01:32:39.680] There's a couple other cases that allow you to get around the bond. [01:32:39.680 --> 01:32:48.680] So it's still a little tricky, but, you know, TROs, you know, definitely work and they're ex parte if you do them properly. [01:32:48.680 --> 01:32:51.680] So you don't even have to notify the other party. [01:32:51.680 --> 01:32:56.680] Is there a good way to get around the notification where they ask for verification of the other party? [01:32:56.680 --> 01:33:00.680] Well, you don't have to notify the other party on a TRO. [01:33:00.680 --> 01:33:07.680] I understand that, but they want to know the reasons why you haven't communicated with them. [01:33:07.680 --> 01:33:08.680] Well... [01:33:08.680 --> 01:33:11.680] Is there a good reason to put it in the place of that? [01:33:11.680 --> 01:33:21.680] Yeah, I would say that, I mean, we just did one, okay, and the argument on this was that we're moving the case to federal court [01:33:21.680 --> 01:33:28.680] because the plaintiff has violated numerous federal statutes and numerous federal laws. [01:33:28.680 --> 01:33:37.680] Okay, and then we listed the laws, like the Fair Debt Collection Practices Act, and you can't get up in the morning without violating that. [01:33:37.680 --> 01:33:40.680] Okay, and then, you know, we claimed usury. [01:33:40.680 --> 01:33:47.680] You know, that's maybe a stretch, maybe not, because we know all these companies overbill and overcharge. [01:33:47.680 --> 01:33:53.680] Okay, and then we claim fraud on its face because they can't produce the original note. [01:33:53.680 --> 01:33:56.680] I haven't found anybody that can find the original note. [01:33:56.680 --> 01:33:57.680] Right. [01:33:57.680 --> 01:34:03.680] Okay, anyway, and then, you know, just a variety of other things, but, you know, we basically said, [01:34:03.680 --> 01:34:08.680] look, we need this temporary restraining order to prevent them from going forward, [01:34:08.680 --> 01:34:14.680] and one of the reasons we need it is because we're now in the process of filing in federal court a cross-claim, [01:34:14.680 --> 01:34:20.680] and we're claiming fraud. You know, you could claim RICO, but RICO is a little more tricky, okay? [01:34:20.680 --> 01:34:25.680] But, I mean, make it colorful enough that the judge will say, well, I have no choice. [01:34:25.680 --> 01:34:31.680] I have to stop these people from doing this because they might be the criminals. [01:34:31.680 --> 01:34:36.680] Well, we're talking about coming in with an independent action on a quiet title, an abusive process, [01:34:36.680 --> 01:34:40.680] a fraud and inducement, no standing and damages and injunctive relief. [01:34:40.680 --> 01:34:42.680] That's fine. Are you going to put it in federal court or state court? [01:34:42.680 --> 01:34:43.680] State court. [01:34:43.680 --> 01:34:45.680] Why are you going to do that? [01:34:45.680 --> 01:34:47.680] It was in a lower court to begin with. [01:34:47.680 --> 01:34:53.680] I understand, but, you know, the standard rule, okay, if you're fighting these kind of things, [01:34:53.680 --> 01:34:57.680] if it's in state court, you move it to federal. If it's in federal, you move it to state. [01:34:57.680 --> 01:35:00.680] Well, it started out in county, so we went to state. [01:35:00.680 --> 01:35:01.680] So you went to district court then? [01:35:01.680 --> 01:35:02.680] Yeah. [01:35:02.680 --> 01:35:05.680] Okay. Well, I mean, you can leave it there if you want to. [01:35:05.680 --> 01:35:07.680] We had to go one more, but you go to federal after that. [01:35:07.680 --> 01:35:14.680] Yeah. I mean, yeah, if you've got enough time, you can, you know, play it for what it is in the state court. [01:35:14.680 --> 01:35:22.680] My understanding about the courts in Florida is that they're not the most reliable courts in the country. [01:35:22.680 --> 01:35:24.680] I'm trying to be nice about what I'm saying. [01:35:24.680 --> 01:35:25.680] Right. I know. [01:35:25.680 --> 01:35:26.680] But... [01:35:26.680 --> 01:35:27.680] Had that experience. [01:35:27.680 --> 01:35:32.680] Anyway, I mean, if you want to stay in those courts and stay in them and, you know, wish for the best, [01:35:32.680 --> 01:35:37.680] but I think, you know, you've got a better chance in the federal courts where at least, you know, [01:35:37.680 --> 01:35:41.680] the judges are somewhat overseen. [01:35:41.680 --> 01:35:49.680] Well, as a...in this district here in Florida where we're at, there are four elements to the TRO action where they must, [01:35:49.680 --> 01:35:55.680] number one, put a clear right, and two, have irreparable injury show that it's...if it's not issued, [01:35:55.680 --> 01:36:00.680] and three, would be inadequate remedy at law, and four, that the public interest will be served. [01:36:00.680 --> 01:36:03.680] And my question is on the irreparable injury. [01:36:03.680 --> 01:36:04.680] Right. [01:36:04.680 --> 01:36:09.680] It's my understanding that the irreparable injury would be more like a psychological damage [01:36:09.680 --> 01:36:11.680] that you couldn't put a monetary value on that. [01:36:11.680 --> 01:36:16.680] No, the irreparable injury is that you have a home, and you're going to lose it, [01:36:16.680 --> 01:36:21.680] and you're not going to be able to get another home, okay, because of the damage created by the planet. [01:36:21.680 --> 01:36:23.680] Right. You'd be thrown out in the street. [01:36:23.680 --> 01:36:25.680] You'd be psychologically harmed. [01:36:25.680 --> 01:36:28.680] Well, I mean, you know, first of all, okay, how are you going to get an apartment, okay? [01:36:28.680 --> 01:36:31.680] Now your credit's screwed up. [01:36:31.680 --> 01:36:34.680] So how are you going to possibly...you're going to go apply for an apartment somewhere, [01:36:34.680 --> 01:36:37.680] and they're going to come back and say, well, you didn't make your mortgage payment, [01:36:37.680 --> 01:36:38.680] so we're going to give you one. [01:36:38.680 --> 01:36:39.680] Right. [01:36:39.680 --> 01:36:40.680] Okay. [01:36:40.680 --> 01:36:42.680] And if you want to get another home, how are you going to do that? [01:36:42.680 --> 01:36:43.680] Okay. [01:36:43.680 --> 01:36:48.680] It's going to be 10 years before you're able to qualify for another mortgage if that's the case. [01:36:48.680 --> 01:36:49.680] Okay. [01:36:49.680 --> 01:36:53.680] So the irreparable injury is the fact that you're going to lose your home, [01:36:53.680 --> 01:36:56.680] you're not going to have a place to live, okay, [01:36:56.680 --> 01:37:00.680] and that's against public policy for you not to have a place to live. [01:37:00.680 --> 01:37:01.680] Okay. [01:37:01.680 --> 01:37:03.680] So you're going to tie that in with the fourth element, public interest. [01:37:03.680 --> 01:37:04.680] Public policy. [01:37:04.680 --> 01:37:06.680] Public interest is real simple. [01:37:06.680 --> 01:37:07.680] Okay. [01:37:07.680 --> 01:37:15.680] The administration has specifically stated that they don't want people to lose their homes. [01:37:15.680 --> 01:37:16.680] Correct. Right. [01:37:16.680 --> 01:37:17.680] Okay. [01:37:17.680 --> 01:37:20.680] And they've come out with that, and it's in the press all the time. [01:37:20.680 --> 01:37:24.680] They want to find a solution where people don't lose their homes. [01:37:24.680 --> 01:37:30.680] Okay. So it's in the public interest that they find a solution or are able to keep your home. [01:37:30.680 --> 01:37:34.680] And if the mortgage company defrauded you in some way, [01:37:34.680 --> 01:37:43.680] it's in the public interest that the court find the fraud and rule in your favor. [01:37:43.680 --> 01:37:44.680] All right. [01:37:44.680 --> 01:37:47.680] Sounds good to answer my question there. [01:37:47.680 --> 01:37:48.680] Okay. [01:37:48.680 --> 01:37:50.680] I mean, anything else you want me to say? [01:37:50.680 --> 01:37:52.680] No, I can't think of anything else. [01:37:52.680 --> 01:37:54.680] I mean, questions there, ma'am. [01:37:54.680 --> 01:37:55.680] Okay. [01:37:55.680 --> 01:37:56.680] Thanks a lot. [01:37:56.680 --> 01:37:57.680] No problem. [01:37:57.680 --> 01:37:58.680] Thanks, Christian. [01:37:58.680 --> 01:38:01.680] Do you have any comments, Greg? [01:38:01.680 --> 01:38:03.680] No, I'm just listening. [01:38:03.680 --> 01:38:04.680] Okay. All right. [01:38:04.680 --> 01:38:05.680] Good. [01:38:05.680 --> 01:38:06.680] Okay. [01:38:06.680 --> 01:38:09.680] We are going to go now to Eddie in Texas. [01:38:09.680 --> 01:38:11.680] Hey, Eddie, thanks for calling in. [01:38:11.680 --> 01:38:13.680] You have a question for our guest? [01:38:13.680 --> 01:38:14.680] Actually, yeah, I do. [01:38:14.680 --> 01:38:15.680] I was going to. [01:38:15.680 --> 01:38:18.680] He's always had some good ideas on how to go about the things in the courts and all that, [01:38:18.680 --> 01:38:23.680] so I'd kind of like to get some ideas since Randy and I have been bumping heads on this, [01:38:23.680 --> 01:38:26.680] on how to handle my situation with the comptroller folks. [01:38:26.680 --> 01:38:27.680] Okay. [01:38:27.680 --> 01:38:29.680] Because what we've got right now, [01:38:29.680 --> 01:38:35.680] we have a district court judge who has refused to hear anything involving the injunction [01:38:35.680 --> 01:38:40.680] because he says it's a tax collection issue, and we haven't filed it that way. [01:38:40.680 --> 01:38:47.680] We have filed it as a rights violation issue, but he refuses to accept it under that umbrella. [01:38:47.680 --> 01:38:54.680] So right now, Randy's helping me get up a writ of mandamus to take to the appeals court [01:38:54.680 --> 01:38:57.680] and try to get this judge out here to do his job. [01:38:57.680 --> 01:39:04.680] Unfortunately, I don't think this judge has a clue how to do the job. [01:39:04.680 --> 01:39:09.680] I was thinking about you earlier when they were talking about this. [01:39:09.680 --> 01:39:17.680] This judge denied you in your right to petition the court for redress and grievance. [01:39:17.680 --> 01:39:27.680] This would be a good thing to move to the federal and ask the federal for a restraining order. [01:39:27.680 --> 01:39:28.680] Okay. [01:39:28.680 --> 01:39:33.680] Do we need to file it under the same cause number that we've got now? [01:39:33.680 --> 01:39:37.680] I think with the Fed, wouldn't it be a new cause? [01:39:37.680 --> 01:39:39.680] Leave the cause number blank. [01:39:39.680 --> 01:39:42.680] Bill is 91. [01:39:42.680 --> 01:39:45.680] Maybe you file it as a civil rights violation. [01:39:45.680 --> 01:39:52.680] Let me tell you a quick story about somebody that actually won in the federal system [01:39:52.680 --> 01:39:54.680] and the way they won. [01:39:54.680 --> 01:39:58.680] There was a guy, I don't know, six, eight years ago named Wen Holy, [01:39:58.680 --> 01:40:02.680] who was a scientist at Sandia Laboratories in New Mexico. [01:40:02.680 --> 01:40:09.680] Okay, and Sandia was doing top-secret work for the U.S. government, primarily the Defense Department. [01:40:09.680 --> 01:40:11.680] They had gotten pretty lax in their procedures, [01:40:11.680 --> 01:40:15.680] and then one day one of the federal auditors came in and started auditing [01:40:15.680 --> 01:40:21.680] and found out that all the scientists were allowed to take top-secret discs home at night [01:40:21.680 --> 01:40:25.680] and work on them in their home and their computers. [01:40:25.680 --> 01:40:28.680] Well, you know, that was obviously against protocol, [01:40:28.680 --> 01:40:32.680] but not against a lot of other rules and laws. [01:40:32.680 --> 01:40:34.680] Yeah, they started looking for a scapegoat, [01:40:34.680 --> 01:40:39.680] and what they did is they found this little Chinese scientist who was probably five, six, or five, seven, [01:40:39.680 --> 01:40:47.680] named Wen Holy, and they needed to find an excuse, and they needed to find someone to blame. [01:40:47.680 --> 01:40:51.680] So they picked Wen Holy, and they said, well, he was Chinese, [01:40:51.680 --> 01:40:57.680] so he was selling these discs and these secrets to the Chinese government. [01:40:57.680 --> 01:41:02.680] Okay, and they came up with all this press about how Wen Holy was the worst guy in the whole world [01:41:02.680 --> 01:41:07.680] and how he, you know, destroyed the U.S. government and sold all these secrets, [01:41:07.680 --> 01:41:10.680] and he was going to get 400 years in prison or more. [01:41:10.680 --> 01:41:15.680] So, you know, he tried to get bond, and they laughed at him and all these things, okay. [01:41:15.680 --> 01:41:21.680] So they left him in jail in New Mexico, okay, and they put him in an isolated cell, you know, [01:41:21.680 --> 01:41:25.680] and he could talk to his relatives every once in a while, and they monitored all his calls [01:41:25.680 --> 01:41:30.680] to make sure he wouldn't talk to the Chinese government, did all these stupid things, okay. [01:41:30.680 --> 01:41:34.680] The Chinese community got together, and they hired two legal teams. [01:41:34.680 --> 01:41:38.680] One legal team was facing the criminal defense. [01:41:38.680 --> 01:41:43.680] The problem with criminal defense legal teams is they're never given all the evidence in the case [01:41:43.680 --> 01:41:44.680] by the government. [01:41:44.680 --> 01:41:50.680] The government always, and I will repeat the word always, state and federal, [01:41:50.680 --> 01:41:54.680] always, always, always conceals evidence. [01:41:54.680 --> 01:41:57.680] If you don't know how to find it, you're going to lose your case. [01:41:57.680 --> 01:42:03.680] Okay, so they, his legal team on the criminal side asked for the evidence. [01:42:03.680 --> 01:42:09.680] Okay, the legal team on the U.S. government gave them evidence they wanted him to find [01:42:09.680 --> 01:42:13.680] or wanted them to find, and that's all they gave them. [01:42:13.680 --> 01:42:16.680] The other team that he hired was the civil team. [01:42:16.680 --> 01:42:22.680] The civil team filed a civil rights claim against the government and the government employees, [01:42:22.680 --> 01:42:27.680] claiming massive violations of the civil rights, and then moved for discovery. [01:42:27.680 --> 01:42:33.680] In the discovery, what they discovered and what they received as evidence [01:42:33.680 --> 01:42:42.680] was that every single FBI agent in the case had committed massive perjury before the judge. [01:42:42.680 --> 01:42:45.680] Now, they always do that. [01:42:45.680 --> 01:42:47.680] The trick is proving it, okay. [01:42:47.680 --> 01:42:49.680] They got the proof. [01:42:49.680 --> 01:42:52.680] So the civil team, you have two lawsuits, okay. [01:42:52.680 --> 01:42:54.680] You have a criminal lawsuit against him, [01:42:54.680 --> 01:42:58.680] then you have a civil rights lawsuit against the government. [01:42:58.680 --> 01:43:02.680] That's the counterclaim, and that's the way it was done in this case. [01:43:02.680 --> 01:43:07.680] Okay, the criminal team then went before the judge, [01:43:07.680 --> 01:43:12.680] produced all the evidence showing the massive perjury involved in this case. [01:43:12.680 --> 01:43:17.680] The judge had no choice but to dismiss the case against Winn-Ho Lee. [01:43:17.680 --> 01:43:22.680] Instead of 400 years in prison, they released him. [01:43:22.680 --> 01:43:25.680] I think he signed like a misdemeanor count, [01:43:25.680 --> 01:43:32.680] and the only reason he probably signed that was because the government wanted it so he could not sue them. [01:43:32.680 --> 01:43:38.680] Okay, but I think he was more interested in his freedom at that time, so that was his decision. [01:43:38.680 --> 01:43:46.680] Okay, and then part of the plea agreement for Winn-Ho Lee was that he would not write any books [01:43:46.680 --> 01:43:53.680] about the classified documents that he was involved in dealing with. [01:43:53.680 --> 01:44:08.680] So the first thing Winn-Ho Lee did is he wrote a book about... [01:44:08.680 --> 01:44:14.680] He was in New Mexico, sent the thing over to the attorney general in Washington, [01:44:14.680 --> 01:44:17.680] and they said, what do you want to do about this violation? [01:44:17.680 --> 01:44:26.680] And the attorney general said, we don't want anything to do with Winn-Ho Lee. [01:44:26.680 --> 01:44:31.680] Okay, so whenever you get into these cases, okay, it's like a chess game. [01:44:31.680 --> 01:44:34.680] You have to understand, and you have to begin to move the pieces, [01:44:34.680 --> 01:44:44.680] and you have to move them to where they wind up in your favor. [01:44:44.680 --> 01:44:49.680] So in Eddie's case, we have a judge here. [01:44:49.680 --> 01:44:55.680] We have a tax collector who's acting totally outside of law. [01:44:55.680 --> 01:45:06.680] We have a judge here who refuses to intercede when he has a duty to intercede. [01:45:06.680 --> 01:45:17.680] How does he get this to the federal and get a federal judge's attention with it? [01:45:17.680 --> 01:45:26.680] The files due process against the tax collector and denial of right [01:45:26.680 --> 01:45:29.680] to petition the court for redress or grievance against the judge? [01:45:29.680 --> 01:45:30.680] Right. [01:45:30.680 --> 01:45:31.680] Eddie, hold on. [01:45:31.680 --> 01:45:35.680] Eddie, there's a lot of background noise on your channel. [01:45:35.680 --> 01:45:36.680] On my channel? [01:45:36.680 --> 01:45:38.680] Yeah, yeah. [01:45:38.680 --> 01:45:40.680] Yeah, I'm going to have to mute your channel [01:45:40.680 --> 01:45:42.680] because there's a lot of background noise on your channel. [01:45:42.680 --> 01:45:43.680] Okay. [01:45:43.680 --> 01:45:44.680] Okay, all right. [01:45:44.680 --> 01:45:46.680] Continue, guys. [01:45:46.680 --> 01:45:53.680] Okay, I would file a civil rights lawsuit in federal court against the parties involved, [01:45:53.680 --> 01:45:55.680] and I would do it by verified pleading. [01:45:55.680 --> 01:45:59.680] Therefore, it becomes a fact and both prove it otherwise. [01:45:59.680 --> 01:46:01.680] Okay, and then I would take that, [01:46:01.680 --> 01:46:10.680] and then I would use those facts to counter in the state court. [01:46:10.680 --> 01:46:13.680] Then I'd probably do a request for admission to the federal court. [01:46:13.680 --> 01:46:16.680] As soon as I file the lawsuit, get them to admit or deny the facts, [01:46:16.680 --> 01:46:23.680] and then take those facts and come back in and have the state case dismissed. [01:46:23.680 --> 01:46:32.680] Yeah, do the admissions sort of in terms of a judicial notice? [01:46:32.680 --> 01:46:33.680] Yeah, right. [01:46:33.680 --> 01:46:35.680] Okay, well, here's the way you do that. [01:46:35.680 --> 01:46:38.680] All these people keep talking about negative environments, okay? [01:46:38.680 --> 01:46:40.680] I mean, I hear this all the time. [01:46:40.680 --> 01:46:43.680] Well, I file negative environments and they ignore them. [01:46:43.680 --> 01:46:45.680] Well, of course they ignore them, okay? [01:46:45.680 --> 01:46:52.680] Because the rules require, okay, that if you want to prove up facts, [01:46:52.680 --> 01:46:56.680] one of the ways you prove them up is by a request for admission. [01:46:56.680 --> 01:46:59.680] Okay, people don't understand the power of a request for admission, [01:46:59.680 --> 01:47:01.680] but if you want to prove something, [01:47:01.680 --> 01:47:05.680] you've got 25 questions you can ask to prove your case, [01:47:05.680 --> 01:47:10.680] both in federal and state cases, civil and criminal, [01:47:10.680 --> 01:47:13.680] and the first thing you do when you get into a case [01:47:13.680 --> 01:47:16.680] is you send a request for admission to the government. [01:47:16.680 --> 01:47:24.680] Now, in the state of Texas, you can ask 25 interrogatories. [01:47:24.680 --> 01:47:25.680] Okay. [01:47:25.680 --> 01:47:28.680] But there's no limit on the amount of requests for admissions you can ask. [01:47:28.680 --> 01:47:30.680] Good, then you ask 100 of them, okay? [01:47:30.680 --> 01:47:32.680] What you want to do is prove up the facts, [01:47:32.680 --> 01:47:35.680] and typically the government does not answer. [01:47:35.680 --> 01:47:39.680] I have not been involved in one single case [01:47:39.680 --> 01:47:42.680] where the government has answered my request for admission. [01:47:42.680 --> 01:47:45.680] Okay, if they don't answer, then those become admitted facts. [01:47:45.680 --> 01:47:47.680] If they become admitted facts, [01:47:47.680 --> 01:47:50.680] you send a notice of admitted facts to the court, [01:47:50.680 --> 01:47:54.680] then you request the court to judicially notice those facts on the record. [01:47:54.680 --> 01:47:58.680] They now, okay, level one in discovery, [01:47:58.680 --> 01:48:01.680] the highest level you can get is judicial notice. [01:48:01.680 --> 01:48:06.680] And level two is request for admissions. [01:48:06.680 --> 01:48:10.680] So you've got the second highest level already. [01:48:10.680 --> 01:48:12.680] All you do is move it up one level. [01:48:12.680 --> 01:48:14.680] Then once you move it up one level, [01:48:14.680 --> 01:48:18.680] you move for judgment on the pleadings or summary judgment. [01:48:18.680 --> 01:48:22.680] Judgment is a matter of law because you've proven your case. [01:48:22.680 --> 01:48:24.680] You've gotten the facts now. [01:48:24.680 --> 01:48:27.680] All you need is to put the law together with it. [01:48:27.680 --> 01:48:30.680] And Eddie has really done his homework. [01:48:30.680 --> 01:48:36.680] He absolutely has the facts and the law in place. [01:48:36.680 --> 01:48:41.680] So bring Eddie's mic back up since he's got his sound taken care of. [01:48:41.680 --> 01:48:42.680] Okay. [01:48:42.680 --> 01:48:43.680] Okay, Eddie, you back? [01:48:43.680 --> 01:48:44.680] You there? [01:48:44.680 --> 01:48:45.680] Yeah, I'm here. [01:48:45.680 --> 01:48:46.680] Can you still hear me? [01:48:46.680 --> 01:48:47.680] Yes. [01:48:47.680 --> 01:48:48.680] Yes. [01:48:48.680 --> 01:48:49.680] Okay. [01:48:49.680 --> 01:48:53.680] Yeah, I mean, it's very clear that they violated the law at every turn. [01:48:53.680 --> 01:48:58.680] It's also very clear that the judge in the district court can't read it. [01:48:58.680 --> 01:49:04.680] Well, I would maintain that the judge and the district court can read it [01:49:04.680 --> 01:49:10.680] perfectly and absolutely understands it clearly. [01:49:10.680 --> 01:49:17.680] He just very intentionally refused to provide you with your remedy in the courts. [01:49:17.680 --> 01:49:21.680] Well, let's also not forget to mention to him about the district attorney. [01:49:21.680 --> 01:49:23.680] Oh, yeah. [01:49:23.680 --> 01:49:29.680] On Monday, I handed her 116 verified criminal complaints ranging from Class A [01:49:29.680 --> 01:49:33.680] misdemeanor to first-degree felony against these people and the police [01:49:33.680 --> 01:49:35.680] officers that helped them. [01:49:35.680 --> 01:49:39.680] She refused, against Tector's law, to take them and to do what she's required [01:49:39.680 --> 01:49:41.680] to do with them. [01:49:41.680 --> 01:49:45.680] So she has become a conspirator aiding and abetting this act. [01:49:45.680 --> 01:49:46.680] Okay. [01:49:46.680 --> 01:49:49.680] This was also brought up to the district judge in his courtroom, [01:49:49.680 --> 01:49:52.680] and I have him on tape saying, that's not what I agreed to hear this morning, [01:49:52.680 --> 01:49:54.680] and I will take that up at some other time. [01:49:54.680 --> 01:49:59.680] So he has also avoided his duty when he is made known as an attorney in Texas [01:49:59.680 --> 01:50:02.680] that a felony by a public official has been committed, [01:50:02.680 --> 01:50:05.680] he chose to ignore it while sitting on the bench. [01:50:05.680 --> 01:50:08.680] Well, in that case, he stopped being a judge, [01:50:08.680 --> 01:50:11.680] and he just didn't realize he stopped being a judge. [01:50:11.680 --> 01:50:16.680] And he became a magistrate, and that was a duty he cannot avoid. [01:50:16.680 --> 01:50:20.680] Well, see, after he decided to actually not rule on my motion, Randy, [01:50:20.680 --> 01:50:25.680] I asked him if he was the district magistrate, and he goes, [01:50:25.680 --> 01:50:27.680] well, that's just a fancy word for judge. [01:50:27.680 --> 01:50:29.680] I said, well, either way, I'm invoking that power. [01:50:29.680 --> 01:50:32.680] I have before me this list of criminal complaints, [01:50:32.680 --> 01:50:35.680] which our district attorney has refused. [01:50:35.680 --> 01:50:38.680] He kind of sat there for a few seconds and looked at me, [01:50:38.680 --> 01:50:41.680] and that's when he came up with, well, I'll deal with that some other time. [01:50:41.680 --> 01:50:44.680] Well, he basically didn't want to deal with it at all. [01:50:44.680 --> 01:50:45.680] Exactly. [01:50:45.680 --> 01:50:54.680] So I would file 116 allegations of malfeasance, misfeasance in office [01:50:54.680 --> 01:50:58.680] amounting to denying you and your right to petition the court [01:50:58.680 --> 01:51:02.680] for redress of grievance, official oppression, [01:51:02.680 --> 01:51:05.680] 3903 penal code against the judge. [01:51:05.680 --> 01:51:09.680] It's also a First Amendment violation according to the Constitution, too. [01:51:09.680 --> 01:51:13.680] Yeah, and it also gives our DA 60-plus counts of third-degree felony [01:51:13.680 --> 01:51:18.680] for each felony criminal complaint she refused to accept. [01:51:18.680 --> 01:51:20.680] Well, you know, what I would do is I would also, [01:51:20.680 --> 01:51:23.680] I would put those in the federal system now. [01:51:23.680 --> 01:51:27.680] I would file them with the Attorney General of the United States. [01:51:27.680 --> 01:51:31.680] I'd file them with all your congressmen, state and federal. [01:51:31.680 --> 01:51:34.680] I would notify them if there's corruption in the system. [01:51:34.680 --> 01:51:38.680] And, you know, you just have to make a lot of noise on this stuff. [01:51:38.680 --> 01:51:39.680] Oh, I did. [01:51:39.680 --> 01:51:43.680] I sent 60 copies of my criminal complaint just against the DA downtown [01:51:43.680 --> 01:51:46.680] to our tea party yesterday and handed them out to everybody that wanted one, [01:51:46.680 --> 01:51:50.680] and lots of people did. [01:51:50.680 --> 01:51:56.680] You need to send them with congressmen and senators and the corruption. [01:51:56.680 --> 01:52:00.680] There's like 10 or 15 corruption committees in Washington. [01:52:00.680 --> 01:52:02.680] You need to file them with them. [01:52:02.680 --> 01:52:04.680] I'd file them with everybody. [01:52:04.680 --> 01:52:05.680] That's what I'd do. [01:52:05.680 --> 01:52:10.680] And also, Eddie, you're going to be on the show tomorrow night as well, right? [01:52:10.680 --> 01:52:11.680] Yes, ma'am, I am. [01:52:11.680 --> 01:52:12.680] Okay, that's awesome. [01:52:12.680 --> 01:52:14.680] And what are you going to be discussing tomorrow night? [01:52:14.680 --> 01:52:17.680] Tomorrow night, I would really like to go through the traffic stuff [01:52:17.680 --> 01:52:18.680] that we were talking about. [01:52:18.680 --> 01:52:19.680] Excellent, excellent. [01:52:19.680 --> 01:52:22.680] And I would really like to have a chance for people to call in [01:52:22.680 --> 01:52:24.680] and get some questions asked. [01:52:24.680 --> 01:52:25.680] Absolutely. [01:52:25.680 --> 01:52:28.680] And let's talk about some of the possible solutions [01:52:28.680 --> 01:52:30.680] I've come up with on dealing with these things. [01:52:30.680 --> 01:52:32.680] That sounds great. [01:52:32.680 --> 01:52:34.680] Okay, listen, we only have a few minutes left, Eddie, [01:52:34.680 --> 01:52:36.680] and I want to go to some of our other callers. [01:52:36.680 --> 01:52:37.680] Go right ahead, Deborah. [01:52:37.680 --> 01:52:38.680] Thanks for your time, Tony. [01:52:38.680 --> 01:52:39.680] Okay, thanks, Eddie. [01:52:39.680 --> 01:52:42.680] All right, we had Jesse from Texas who had called in [01:52:42.680 --> 01:52:43.680] and then dropped off the line. [01:52:43.680 --> 01:52:46.680] Jesse, if you're out there, please call back in. [01:52:46.680 --> 01:52:48.680] We have Tim from Texas also. [01:52:48.680 --> 01:52:49.680] Let's go to Tim. [01:52:49.680 --> 01:52:50.680] Tim, thanks for calling in. [01:52:50.680 --> 01:52:53.680] Do you have a question for Tony or Greg or us? [01:52:53.680 --> 01:52:55.680] Well, just for you guys in general, [01:52:55.680 --> 01:52:59.680] I had called in before where we're dealing with a probate case [01:52:59.680 --> 01:53:04.680] where a relative who died and a woman's claiming common-law wife. [01:53:04.680 --> 01:53:08.680] Basically what we did is we went to Travis County last Friday [01:53:08.680 --> 01:53:13.680] to the district court, to the clerk's office, and got a copy of the file. [01:53:13.680 --> 01:53:19.680] And what we found out was that back in 2000 [01:53:19.680 --> 01:53:24.680] when she had claimed to be married to this relative in January, [01:53:24.680 --> 01:53:27.680] in May of 2000 she got arrested for shoplifting. [01:53:27.680 --> 01:53:29.680] And on her bail form, [01:53:29.680 --> 01:53:33.680] claimed to be living in San Antonio instead of Dallas [01:53:33.680 --> 01:53:38.680] with a husband of another name. [01:53:38.680 --> 01:53:41.680] Odd how that seems to work out all the time. [01:53:41.680 --> 01:53:52.680] I tend to be continually surprised at how really dumb people can get, [01:53:52.680 --> 01:53:55.680] especially criminals. [01:53:55.680 --> 01:53:59.680] I have someone who is a professional criminal. [01:53:59.680 --> 01:54:03.680] My main question, Randy, on this one here is that when she files her papers [01:54:03.680 --> 01:54:05.680] with her lawyer in the probate court, [01:54:05.680 --> 01:54:10.680] she was claiming to be living with our cousin at his address. [01:54:10.680 --> 01:54:14.680] But in a police report she said she had come into California [01:54:14.680 --> 01:54:16.680] where she had been living for four years. [01:54:16.680 --> 01:54:20.680] So she's lied to her attorney and on the court documents. [01:54:20.680 --> 01:54:22.680] So my question is, in a civil case, [01:54:22.680 --> 01:54:27.680] is there any recourse we have against her or her attorney [01:54:27.680 --> 01:54:30.680] for providing false information or perjury to the court? [01:54:30.680 --> 01:54:32.680] Okay, here's what you can do. [01:54:32.680 --> 01:54:40.680] For one thing, for certain, you can disqualify her as a credible witness [01:54:40.680 --> 01:54:44.680] because you can show aggravated perjury. [01:54:44.680 --> 01:54:49.680] You don't have to prove when she committed aggravated perjury, [01:54:49.680 --> 01:54:59.680] just that she made statements under oath, material statements of fact [01:54:59.680 --> 01:55:03.680] that are mutually exclusive. [01:55:03.680 --> 01:55:07.680] Either one or the other must be untrue. [01:55:07.680 --> 01:55:10.680] You don't have to prove which one is. [01:55:10.680 --> 01:55:15.680] And that would be sufficient to disqualify her as a credible witness. [01:55:15.680 --> 01:55:21.680] The basic rule of thumb on things like that and what really good attorneys do, [01:55:21.680 --> 01:55:23.680] and there aren't that many, [01:55:23.680 --> 01:55:27.680] but what they do if they're defending someone, for example, [01:55:27.680 --> 01:55:33.680] is they get them into depositions and they get them into depositions numerous times [01:55:33.680 --> 01:55:40.680] because the theory is that even the pope can't remember what he said every single time properly. [01:55:40.680 --> 01:55:45.680] Okay, so then when they get them on the stand during trial, the question becomes, [01:55:45.680 --> 01:55:48.680] what did you say on this date? [01:55:48.680 --> 01:55:51.680] And then, what is your testimony now? [01:55:51.680 --> 01:55:57.680] And the last question is, were you lying then or are you lying now? [01:55:57.680 --> 01:56:01.680] You have to get discredit and that's the objective. [01:56:01.680 --> 01:56:08.680] And that's perfectly ethical because if you're telling the truth, [01:56:08.680 --> 01:56:12.680] your story is going to come up generally the same [01:56:12.680 --> 01:56:18.680] and it won't be materially different on an important fact. [01:56:18.680 --> 01:56:24.680] Whereas, if you're lying like a dog, you never keep the facts straight. [01:56:24.680 --> 01:56:29.680] On admissions, when I had a sheriff's deputy try to kill me in 92 [01:56:29.680 --> 01:56:33.680] and then file charges against me to cover up for what he did, [01:56:33.680 --> 01:56:41.680] I sent him 96 requests for admissions, the 67th one he screwed up on. [01:56:41.680 --> 01:56:42.680] Indeed. [01:56:42.680 --> 01:56:48.680] Oh, and listen, we only have about two minutes left and I wanted to go to our last caller. [01:56:48.680 --> 01:56:50.680] Okay, just real quick, ten seconds. [01:56:50.680 --> 01:56:52.680] I want you guys to know I went to the tea party last night [01:56:52.680 --> 01:56:55.680] and I was handing out little business cards with your website on it [01:56:55.680 --> 01:56:56.680] and told people to go check it out. [01:56:56.680 --> 01:56:57.680] Oh, thank you, Tim. [01:56:57.680 --> 01:56:58.680] We really appreciate that. [01:56:58.680 --> 01:57:00.680] Thank you so much. [01:57:00.680 --> 01:57:01.680] Good night. [01:57:01.680 --> 01:57:02.680] Okay, good night. [01:57:02.680 --> 01:57:04.680] We're going to go to Brian in Pennsylvania. [01:57:04.680 --> 01:57:06.680] I'm sorry, we only barely have like a minute and a half left. [01:57:06.680 --> 01:57:07.680] Brian, what's on your mind? [01:57:07.680 --> 01:57:08.680] Quickly. [01:57:08.680 --> 01:57:09.680] That's all right. [01:57:09.680 --> 01:57:10.680] Glad you guys. [01:57:10.680 --> 01:57:11.680] I'm glad I can listen again. [01:57:11.680 --> 01:57:14.680] I did plug you guys on my tea party flyer as well. [01:57:14.680 --> 01:57:15.680] I'll send you a copy. [01:57:15.680 --> 01:57:16.680] All right. [01:57:16.680 --> 01:57:17.680] Where have you been? [01:57:17.680 --> 01:57:19.680] I haven't heard from you in a while. [01:57:19.680 --> 01:57:20.680] I've been away. [01:57:20.680 --> 01:57:21.680] I've been away. [01:57:21.680 --> 01:57:22.680] Don't have time to explain now. [01:57:22.680 --> 01:57:25.680] I wanted to know if you guys have any more sources [01:57:25.680 --> 01:57:28.680] that I can verify some of the claims that I hear, not so much tonight, [01:57:28.680 --> 01:57:32.680] but maybe when like Sam Davis was on and other people that have talked about [01:57:32.680 --> 01:57:37.680] how I am now collateral and surety for the debt of the nation and that matter. [01:57:37.680 --> 01:57:41.680] You know, what act is the wording in or, you know, act of Congress, I mean? [01:57:41.680 --> 01:57:43.680] Greg, can you speak to that? [01:57:43.680 --> 01:57:45.680] Do you want me to speak to it? [01:57:45.680 --> 01:57:46.680] Or Tony, either one of you? [01:57:46.680 --> 01:57:49.680] Okay, well, my response is be careful. [01:57:49.680 --> 01:57:52.680] Okay, you need to make sure that, you know, [01:57:52.680 --> 01:57:55.680] Randy and I are very careful about our sources [01:57:55.680 --> 01:58:00.680] and, you know, he might have someone on his show that appears to be valid, [01:58:00.680 --> 01:58:04.680] and then, you know, later on it proves that there's some question marks about it. [01:58:04.680 --> 01:58:09.680] Okay, but, you know, the stuff about, you know, patriot stuff and things like that, [01:58:09.680 --> 01:58:11.680] you need to be very careful about what you do. [01:58:11.680 --> 01:58:13.680] That's why I asked. [01:58:13.680 --> 01:58:16.680] And I'm just wondering if you guys have any leads. [01:58:16.680 --> 01:58:19.680] Yeah, check with Randy and I'll be happy to talk to you also. [01:58:19.680 --> 01:58:20.680] All right. [01:58:20.680 --> 01:58:22.680] Thank you guys for doing what you do. [01:58:22.680 --> 01:58:24.680] Glad to be back on the Internet and all that. [01:58:24.680 --> 01:58:27.680] So, yeah, take care. [01:58:27.680 --> 01:58:28.680] All right, great. [01:58:28.680 --> 01:58:31.680] And you may want to check out Greg's show tomorrow night. [01:58:31.680 --> 01:58:32.680] I will do. [01:58:32.680 --> 01:58:33.680] All right. [01:58:33.680 --> 01:58:34.680] Thank you for having me. [01:58:34.680 --> 01:58:37.680] Do you have any quick comments on this, Greg? [01:58:37.680 --> 01:58:38.680] No, no. [01:58:38.680 --> 01:58:39.680] All right, great. [01:58:39.680 --> 01:58:42.680] Okay, we will see you all tomorrow night. [01:58:42.680 --> 01:58:48.680] We'll have Eddie, Craig on to discuss the traffic code in Texas. [01:58:48.680 --> 01:58:50.680] We'll be back tomorrow night. [01:58:50.680 --> 01:58:51.680] Okay, thanks, Debbie. [01:58:51.680 --> 01:58:53.680] Thank you, Tony. [01:58:53.680 --> 01:58:54.680] Bye, bye, bye. [01:58:54.680 --> 01:58:56.680] Good night, all. [01:58:56.680 --> 01:59:24.680] Good night. [01:59:24.680 --> 01:59:26.680] Good night. [01:59:54.680 --> 01:59:56.680] Good night.