[00:00.000 --> 00:10.200]  8 private security guards were killed in Afghanistan Sunday in a clash with insurgents. President
[00:10.200 --> 00:14.480]  Hamid Karzai's administration has called for the dissolution of all private security
[00:14.480 --> 00:19.520]  firms operating in the country, a process that was already underway. The Afghan government
[00:19.520 --> 00:24.560]  says those firms offering protection to embassies and foreign diplomats will be allowed to continue
[00:24.560 --> 00:32.200]  operating. A detainee being held by NATO troops in Afghanistan was found dead Sunday in his
[00:32.200 --> 00:37.280]  holding cell and an investigation is underway. The man had been captured during a military
[00:37.280 --> 00:42.800]  operation the day before. Around 1,000 prisoners are being held in foreign military detention
[00:42.800 --> 00:49.920]  centers in Afghanistan. Thousands marched in Tel Aviv Saturday in a joint Jewish-Arab protest
[00:49.920 --> 00:54.880]  against the Israeli cabinet's approval of an amendment to a bill requiring non-Jews
[00:54.880 --> 01:00.760]  seeking citizenship to pledge allegiance to Israel as a Jewish state. Demonstrators carried
[01:00.760 --> 01:07.840]  signs reading Jews and Arabs refuse to be enemies. More than 1,300 Iraqi security and
[01:07.840 --> 01:13.120]  government officials have been killed this year. Over 700 were killed with silenced pistols or
[01:13.120 --> 01:18.880]  rifles and at least 600 more were killed by magnet bombs placed under cars. Hundreds more
[01:18.880 --> 01:23.760]  were injured. The killings have increased sharply in the past four months amid fears
[01:23.760 --> 01:29.280]  the ongoing failure to form a government is fueling a worsening security vacuum. Magnet
[01:29.280 --> 01:34.040]  bombs have become a feature of daily life in Baghdad while hundreds of checkpoints are
[01:34.040 --> 01:39.680]  being equipped with mirrors in the hope of detecting explosives fixed to a car's underbelly.
[01:39.680 --> 01:45.040]  The rector of the interior ministry's intelligence division, General Hussein Kamal, claims supporters
[01:45.040 --> 01:49.960]  of the Al-Sid Baath party are the key drivers of the violence saying, don't forget there
[01:49.960 --> 01:55.360]  were 500,000 members in the security forces when the regime fell. We may have got rid
[01:55.360 --> 02:01.600]  of some but we haven't found them all. The founder and CEO of the Tides Foundation, a
[02:01.600 --> 02:07.040]  non-partisan think tank, wrote a letter Friday asking advertisers to stop sponsoring Fox
[02:07.040 --> 02:13.080]  News or risk having blood on their hands. Jamin Pike, along with his organization, was
[02:13.080 --> 02:18.240]  the target of a recent assassination attempt inspired by Fox talk show provocateur Glenn
[02:18.240 --> 02:23.920]  Beck. Byron Williams was on his way to kill people of importance at the Tides Foundation
[02:23.920 --> 02:28.520]  when he was stopped by California Highway Patrol officers. Pike's letter went to Beck's
[02:28.520 --> 02:36.040]  sponsors, including JP Morgan Chase, Geico, Zurich Chrysler and BP, detailing the alarm
[02:36.040 --> 02:41.840]  he felt over having a person carrying numerous guns and body armor attempt to start a revolution
[02:41.840 --> 02:47.160]  by murdering, quote, my colleagues and me. Pike wrote that companies who sponsor Fox
[02:47.160 --> 03:11.960]  News were sponsoring hate speech which leads to violence.
[03:18.160 --> 03:45.160]  Bad boys, whatcha gonna do? Whatcha gonna do? Bad boys, bad boys, whatcha gonna do?
[03:45.160 --> 03:52.160]  Whatcha gonna do when they come for you? Bad boys, bad boys, whatcha gonna do? Whatcha
[03:52.160 --> 03:57.160]  gonna do when they come for you? When you were eight and you had bad traits, you'd go
[03:57.160 --> 04:03.160]  to school and learn the golden rule. So why are you acting like a bloody fool if you get
[04:03.160 --> 04:09.160]  caught in the market crew? Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they
[04:09.160 --> 04:15.160]  come for you? Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come
[04:15.160 --> 04:20.160]  for you? You chuck it on that one, you chuck it on this one, you chuck it on your mother
[04:20.160 --> 04:31.160]  and your father. Alright folks, this is the rule of law. Tonight is Monday, October 18th.
[04:31.160 --> 04:38.160]  Traffic night, we've got Eddie with us, Randy's also with us tonight. And Eddie has some
[04:38.160 --> 04:45.160]  new information he'd like to break concerning traffic issues. And then Randy and I are going
[04:45.160 --> 04:52.160]  to discuss. Go ahead, Eddie. Okay, well, one of the things that we're looking at here,
[04:52.160 --> 04:56.160]  and I'm gonna use Austin as a prime example because they're the biggest ones doing this
[04:56.160 --> 05:02.160]  right now, but there is someone out there that is fighting a traffic ticket. There's
[05:02.160 --> 05:10.160]  also, they have an appeal in on a previous case. Well, the thing I wish to address first
[05:10.160 --> 05:19.160]  in dealing with the issue of appeal. Now, this is the original 45.11 Code of Criminal
[05:19.160 --> 05:26.160]  Procedure, and it was originally numbered 877 in the old codes. And it says, the fine
[05:26.160 --> 05:30.160]  imposed on appeal and the cost imposed on appeal shall be collected of the defendant
[05:30.160 --> 05:34.160]  and such fine of the corporation court when collected shall be paid in the municipal
[05:34.160 --> 05:41.160]  treasury. Well, notes on decisions for this, we have the following. Lerner's annotated
[05:41.160 --> 05:47.160]  Code of Criminal Procedure from 1925 Article 877, which is this article, re-numbered to
[05:47.160 --> 05:53.160]  45.11, meant that when a case was appealed from a corporation court for trial de novo
[05:53.160 --> 06:00.160]  before the county court, and a conviction resulted in the county court, three items
[06:00.160 --> 06:05.160]  were to be collected of the defendant, and these were the cost incurred in the corporation
[06:05.160 --> 06:10.160]  court, the cost incurred in the county court, and the fine imposed on appeal by the county
[06:10.160 --> 06:16.160]  court. Now, what that's telling us is that you are not required to pay this before the
[06:16.160 --> 06:24.160]  appeal is allowed to occur. Now, this is from Attorney General's opinion, 1961, number
[06:24.160 --> 06:32.160]  WW-1079, and that is the original meaning and interpretation of the original Article
[06:32.160 --> 06:41.160]  45.11, which in the current codes appears to either have been repealed or has been
[06:41.160 --> 06:48.160]  re-numbered. It seems like there's an entire section of Chapter 45 that has either been
[06:48.160 --> 06:54.160]  repealed or re-numbered, and the things that I have found while I was looking at that
[06:54.160 --> 07:00.160]  bring a lot of surprises. Article 45.11, the one I just read to you, has been re-numbered
[07:00.160 --> 07:13.160]  to 44.281 as of 1999 in the 76th legislature, okay? So it is now 44.281. But a real interesting
[07:13.160 --> 07:20.160]  one here that I want you to read, or to hear anyway, is 4516. Let's look at what they
[07:20.160 --> 07:26.160]  did about criminal complaints. Let's see how they used to be, we used to be able to do
[07:26.160 --> 07:34.160]  it. In 45.16, upon complaint being made before any Justice of the Peace or any other officer
[07:34.160 --> 07:39.160]  authorized by law to administer oaths that an offense has been committed in the county
[07:39.160 --> 07:45.160]  which the Justice of the Peace has jurisdiction finally to try, the Justice or other officer
[07:45.160 --> 07:50.160]  shall reduce the same to writing and cause the same to be signed and sworn to by the
[07:50.160 --> 07:56.160]  complainant. It shall be duly attested by the officer before whom it was made, and when
[07:56.160 --> 08:03.160]  made before such Justice or when returned to him made before any other officer, the
[08:03.160 --> 08:10.160]  same shall be filed by him. Now this originally allowed anybody to go directly to a Justice
[08:10.160 --> 08:15.160]  of the Peace and file a criminal complaint, and the Justice had to take it and had to
[08:15.160 --> 08:24.160]  file it. And would you believe they repealed that, okay, in 1999 when they made all these
[08:24.160 --> 08:30.160]  other sweeping changes in the code. As a matter of fact this entire block it appears was all
[08:30.160 --> 08:42.160]  repealed from 45.12 through 45.19, let's see 4511 was renumbered, 4513 was renumbered,
[08:42.160 --> 08:51.160]  and 4515 was renumbered, 17 was renumbered, and 18 were renumbered. But this one 4516,
[08:51.160 --> 09:01.160]  4512, and 4519 were repealed. And these sections were the ones that gave specific power and
[09:01.160 --> 09:07.160]  authority to Justices and specify what the requisites for a warrant were under Chapter
[09:07.160 --> 09:15.160]  45. 45.19 on requisites of warrants said this, said warrant shall be de-sufficient if it
[09:15.160 --> 09:19.160]  contains the following requisites. It shall issue in the name of the State of Texas. It
[09:19.160 --> 09:26.160]  shall be directed to the proper sheriff, constable, or some other person specifically named therein.
[09:26.160 --> 09:31.160]  It shall command that the body of the accused be taken and brought before the authority
[09:31.160 --> 09:36.160]  issuing the warrant at the time and place therein named. It must state the name of the
[09:36.160 --> 09:41.160]  person whose arrest is ordered if it be known and if not known he must be described as in
[09:41.160 --> 09:46.160]  the complaint. It must state that the person is accused of some offense against the laws
[09:46.160 --> 09:52.160]  of the state naming the offense. And it must be signed by the Justice and his office named
[09:52.160 --> 09:57.160]  in the body of the warrant or in connection with his signature. Now they repealed that,
[09:57.160 --> 10:03.160]  they didn't renumber that when they repealed that, okay. They completely changed what the
[10:03.160 --> 10:08.160]  requisites of a warrant were and no longer do they abide by this in the section that
[10:08.160 --> 10:17.160]  deals with warrants currently. Just a moment. Did they replace that statute with another
[10:17.160 --> 10:23.160]  procedure? If they did that according to the way it was written it would say renumbered
[10:23.160 --> 10:27.160]  and it would tell us where they renumbered it to and rewrote the code. But this one doesn't.
[10:27.160 --> 10:35.160]  It specifically says it was repealed. Then if there is no provision in Chapter 45 for
[10:35.160 --> 10:44.160]  the issuance of a warrant you have to go to 14 or is it Chapter 14 Code of Criminal Procedure
[10:44.160 --> 10:50.160]  where the... 14 is the rest of that warrant. So you have to go back to that one and it
[10:50.160 --> 10:56.160]  essentially says the same thing. Right. Or it should. I don't know that it says exactly
[10:56.160 --> 11:01.160]  the same thing. I think there's a couple of important points here like who the warrant
[11:01.160 --> 11:10.160]  is to be sent to. The sheriff or the constable for instance. Now the other thing that this
[11:10.160 --> 11:15.160]  brings us to is the specifics about Austin as well as numerous other locations which
[11:15.160 --> 11:19.160]  you will notice if you pay attention when you go into any Texas court dealing with a
[11:19.160 --> 11:26.160]  traffic ticket. There's never ever a complaint. Okay. Never. When you're told to appear
[11:26.160 --> 11:32.160]  within 10 days from this date on or before this date and this time and you go in there
[11:32.160 --> 11:41.160]  there will be no complaint on file 99.9% of the time. Yet they want you to enter a plea.
[11:41.160 --> 11:46.160]  How can the court be asking anyone to enter a plea when the court has no valid complaint
[11:46.160 --> 11:57.160]  in front of it? Then you go to 27.14 Code of Criminal Procedure which specifically says
[11:57.160 --> 12:05.160]  that the ticket is an instrument to which the accused can enter a plea. How is that
[12:05.160 --> 12:13.160]  legal? How did the court obtain jurisdiction on just the citation? It's not possible
[12:13.160 --> 12:19.160]  constitutionally or statutorily for that to have occurred. Wait a minute. Back up. Who
[12:19.160 --> 12:27.160]  said to do that? 27.14 Code of Criminal Procedure. That's how they did it. That's the
[12:27.160 --> 12:33.160]  code. The problem is it's violated by the constitution. Well that's what I understand
[12:33.160 --> 12:39.160]  that but it's still the code and until it's ruled unconstitutional it's still the
[12:39.160 --> 12:45.160]  code. Well but listen to what else this says Randy. This part you're going to love.
[12:45.160 --> 12:55.160]  Okay. Now not only can they use the citation to enter the plea but if the person pleads
[12:55.160 --> 13:03.160]  not guilty then and only then will they create a complaint. Now the problem here is
[13:03.160 --> 13:11.160]  this is authorizing the court to create the complaint. The court cannot create the
[13:11.160 --> 13:21.160]  complaint and remain impartial and fair in doing it. The court can cause the complaint
[13:21.160 --> 13:27.160]  to be created but it has to be signed by a complainant so it is. Well but the problem
[13:27.160 --> 13:32.160]  is this. If the court causes it to be created the court is acting at the prosecution
[13:32.160 --> 13:38.160]  again destroying the appearance of fairness. Only if the court signs it as the witness,
[13:38.160 --> 13:47.160]  the complainant. Not if they just put together the document, give it to the complainant and
[13:47.160 --> 13:53.160]  have the complainant sign it then the court is not the accuser. Well but here's the
[13:53.160 --> 13:59.160]  problem. Most of the time the clerk is the one that signs it. Now the clerk certifies
[13:59.160 --> 14:05.160]  that they are doing this upon testimony from the officer. My first argument is going to
[14:05.160 --> 14:10.160]  be if the officer was present to testify to the clerk why didn't the officer sign the
[14:10.160 --> 14:16.160]  complaint? Okay that's a good question but it doesn't go to the legality of the complaint.
[14:16.160 --> 14:22.160]  How can the clerk of the court sign the complaint? That doesn't make any sense to me. Yes anyone
[14:22.160 --> 14:29.160]  can sign a complaint except the prosecutor. Well the magistrate can't sign it either
[14:29.160 --> 14:38.160]  and still preside. Well then there's nothing in the law that says he can't but he would
[14:38.160 --> 14:45.160]  necessarily be disqualified if he did. Right. But what the law does specifically forbid
[14:45.160 --> 14:53.160]  the prosecutor from signing it and that's the only one. This is Hazel Kennedy v. State
[14:53.160 --> 14:59.160]  in order to avoid the obvious evils of the accumulation of power in any one office for
[14:59.160 --> 15:04.160]  the purpose of filing a criminal affidavit a prosecuting attorney is not a credible person.
[15:04.160 --> 15:11.160]  But that's the only one. Well the second part of my argument regarding the clerk besides
[15:11.160 --> 15:19.160]  why didn't the officer sign it if he was there to testify to you. My next question is going
[15:19.160 --> 15:26.160]  to be who maintains the complaint once it's been filed? Is it maintained by the same person
[15:26.160 --> 15:34.160]  making the complaint? Which it would be the clerk of the court. Who witnessed the complaint?
[15:34.160 --> 15:42.160]  Well that's another clerk of the court. The point here being that this is the court's
[15:42.160 --> 15:50.160]  end run around due process. They're doing the work of the prosecution and the complainant
[15:50.160 --> 15:58.160]  all in house to make it appear that everything is a kosher when in fact it's not. The court
[15:58.160 --> 16:04.160]  is doing everything. They're acting as the complainant because they're the one doing
[16:04.160 --> 16:10.160]  the complaining because the officer never signs it. You then go directly to a trial
[16:10.160 --> 16:24.160]  on a hearsay complaint and yeah the problem we have here is it looks bad but it's not
[16:24.160 --> 16:38.160]  necessarily in violation of statute. Not directly. That's the problem. Well I agree
[16:38.160 --> 16:44.160]  the problem is statute. The statute is authorizing things that cannot possibly be for fair and
[16:44.160 --> 16:54.160]  impartiality in due process. Alright folks we're going to break. This is rule of law
[16:54.160 --> 17:03.160]  radio. Y'all hang in there. We will be right back. Capital Coin and Bullion is your local
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[17:26.160 --> 17:31.160]  Burnett Road, Suite 3 at the corner of Burnett and Shulmont and we're open Monday through
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[17:36.160 --> 17:43.160]  business hours or call 512-646-6440 with any questions. Ask for Chad and say you heard
[17:43.160 --> 17:48.160]  about us on rule of law radio or Texas Liberty Radio. That's Capital Coin and Bullion at
[17:48.160 --> 17:52.160]  the corner of Burnett and Shulmont and we're open Monday through Friday 10 to 6 Saturdays
[17:52.160 --> 18:02.160]  10 to 5. That's Capital Coin and Bullion 512-646-6440. Are you being harassed by debt collectors
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[18:59.160 --> 19:00.160]  now.
[19:00.160 --> 19:23.160]  Look what we got. We asked the Christians. I wonder what they had. They don't have answers.
[19:23.160 --> 19:34.160]  We asked the Christians. Look what we got. And they don't have answers. I can't go to
[19:34.160 --> 19:39.160]  church. I see Lord how they want with them if it's easy. They might not lead to political
[19:39.160 --> 19:45.160]  union. They might get here not that angry. Put them back standing up and fight and fight
[19:45.160 --> 19:51.160]  for their freedom and be free. When they like them love slavery and get handouts from the
[19:51.160 --> 19:59.160]  government. Look what we got. We asked the Christians. I wonder what they had. They don't
[19:59.160 --> 20:11.160]  have answers. Look what we got. We asked the Christians. Look what we got. And they don't
[20:11.160 --> 20:12.160]  have answers.
[20:12.160 --> 20:17.160]  Alright folks, we are back. Rule of Law Radio. This is Eddie Craig, Debra Stevens, Randy
[20:17.160 --> 20:22.160]  Kelton, and we're talking about Dakota criminal procedure dealing with these traffic citations
[20:22.160 --> 20:28.160]  right now dealing specifically with the procedures in Austin, Texas. Now Randy, the question
[20:28.160 --> 20:32.160]  I wanted to ask on this is that after going through some more of this and looking at it,
[20:32.160 --> 20:38.160]  the problem we've run into with filing anything in the court is this. One, the court does
[20:38.160 --> 20:44.160]  not yet have jurisdiction. There is no complaint. There is no information. There's nothing
[20:44.160 --> 20:51.160]  granting jurisdiction to the court. Yet, they're wanting you to enter a plea in the case. They've
[20:51.160 --> 20:58.160]  created a cause number and there's still nothing on which that cause number can be based.
[20:58.160 --> 21:02.160]  Right. Challenge to subject matter jurisdiction.
[21:02.160 --> 21:08.160]  Okay. But again, how are you filing in a case that doesn't yet exist?
[21:08.160 --> 21:15.160]  They're a problem, not your problem. They can create a miscellaneous cause number.
[21:15.160 --> 21:22.160]  And what about the issuance of a bill of particulars as the first thing you file to the prosecution?
[21:22.160 --> 21:26.160]  No, it's got to be the second thing. First thing you file is a challenge to subject matter
[21:26.160 --> 21:33.160]  jurisdiction. So it can't be presumed that you waive your right to challenge subject
[21:33.160 --> 21:38.160]  matter or in personam jurisdiction. It has to be a pleading. A bill of particulars is
[21:38.160 --> 21:42.160]  not a pleading.
[21:42.160 --> 21:49.160]  Okay. All right. So suggestions. Beyond what we know that we should be doing and should
[21:49.160 --> 21:54.160]  be working but aren't, what are we doing now?
[21:54.160 --> 22:02.160]  We file a challenge to subject matter jurisdiction. Do we have something filed in the court? It
[22:02.160 --> 22:11.160]  demonstrates an appearance. If the clerk refuses to accept the filing, then we prepare a claim
[22:11.160 --> 22:21.160]  against the clerk of outlawry, denying your access to the court for remedy.
[22:21.160 --> 22:28.160]  Okay. And Randy, what about the fact that this particular individual already appeared
[22:28.160 --> 22:33.160]  on the appearance date but didn't file anything because there was no complaint and now the
[22:33.160 --> 22:39.160]  court is saying that he didn't appear and what happened was the clerk said I will make
[22:39.160 --> 22:45.160]  a notation that you appeared but they wouldn't give this person any documentation to that
[22:45.160 --> 22:50.160]  effect with the court clerk stamp on it. They just said I'm going to make a notation and
[22:50.160 --> 22:56.160]  now there's a notice from the court in the mailbox saying that you didn't appear and
[22:56.160 --> 23:00.160]  there's going to be a warrant for your arrest unless you pay the full price of the ticket.
[23:00.160 --> 23:11.160]  Motion to vacate the failure to appear, allegation and with affidavit in support stating that
[23:11.160 --> 23:15.160]  you appeared and now we can go for a bill in particular.
[23:15.160 --> 23:19.160]  But wait, but the challenge to jurisdiction hadn't been filed yet.
[23:19.160 --> 23:24.160]  Well, you have a, here you have the court taking an action. You can file the challenge
[23:24.160 --> 23:26.160]  to jurisdiction at the same time.
[23:26.160 --> 23:32.160]  Okay, so file the challenge to jurisdiction and then file a motion to vacate the notice
[23:32.160 --> 23:35.160]  of failure to appear?
[23:35.160 --> 23:36.160]  Yes.
[23:36.160 --> 23:40.160]  Okay.
[23:40.160 --> 23:45.160]  And you can file charges against the clerk.
[23:45.160 --> 23:48.160]  For?
[23:48.160 --> 23:56.160]  Failing for giving information to the judge that indicated that you did not appear when
[23:56.160 --> 24:00.160]  in fact you did appear.
[24:00.160 --> 24:07.160]  Now there's audio and video that this individual did appear but the court rarely will let you
[24:07.160 --> 24:13.160]  enter, anyone enter audio or video is evident so should that be transcribed and attached
[24:13.160 --> 24:16.160]  to the affidavit or what?
[24:16.160 --> 24:25.160]  Transcript of the audio would be nice attached to the affidavit, the verified transcript.
[24:25.160 --> 24:28.160]  What does that mean a verified transcript?
[24:28.160 --> 24:36.160]  Notary, notarized. Sign it, you know sign it that this is all true and correct and notarized.
[24:36.160 --> 24:47.160]  That makes it an affidavit, that makes it prima facie, proof on its face.
[24:47.160 --> 24:54.160]  And now in order to overcome the affidavit there must be contradicting testimony.
[24:54.160 --> 25:00.160]  When the clerk comes in and says, oh he didn't appear then we go, we should go criminally
[25:00.160 --> 25:02.160]  against the clerk anyway.
[25:02.160 --> 25:08.160]  I think we should start doing that as a matter of course.
[25:08.160 --> 25:13.160]  The clerk denied you access to the court.
[25:13.160 --> 25:23.160]  When I went to, on this criminal trespass issue over the DPS they summoned me to court
[25:23.160 --> 25:28.160]  and the court's coordinator called me up and wanted to ask me questions.
[25:28.160 --> 25:33.160]  And I refused to answer her questions so she called security.
[25:33.160 --> 25:36.160]  Security came out and wanted to know what the problem was.
[25:36.160 --> 25:43.160]  I said what my problem is, is I don't know if you should take my criminal complaint of
[25:43.160 --> 25:50.160]  impersonating a judicial officer against the coordinator or abuse of process against the judge.
[25:50.160 --> 25:53.160]  You pick.
[25:53.160 --> 25:58.160]  And all of a sudden they wanted to get this fixed and they did.
[25:58.160 --> 26:06.160]  But I suggest we file criminal complaints quick and file them often just like they do.
[26:06.160 --> 26:11.160]  Then we go down there with a whole bunch of us and do a little Indian rain dance in front
[26:11.160 --> 26:15.160]  of the grand jury's chambers.
[26:15.160 --> 26:18.160]  This is how we get this fixed.
[26:18.160 --> 26:33.160]  And of course a tort letter to the mayor or more specifically a tort letter to the clerk personally.
[26:33.160 --> 26:36.160]  Does that sound like fun?
[26:36.160 --> 26:39.160]  That sounds like fun. We can get it done.
[26:39.160 --> 26:41.160]  Yeah, we can do that. These are things we can do.
[26:41.160 --> 26:48.160]  But I suggest if you sign that promise to appear, appear.
[26:48.160 --> 26:57.160]  And whether you think the court has jurisdiction or not, if you don't, file a challenge to jurisdiction.
[26:57.160 --> 27:05.160]  Okay, so the challenge to jurisdiction really should be filed when the individual goes to make the appearance.
[27:05.160 --> 27:11.160]  I'm going to suggest it should be also mailed the same day.
[27:11.160 --> 27:18.160]  Mail one regular mail, mail one certified mail and take one to the court.
[27:18.160 --> 27:25.160]  A document is considered filed with the court on the date stamp of the post office.
[27:25.160 --> 27:31.160]  Because now at this point the individual is having a backpedal because nothing was filed on that date.
[27:31.160 --> 27:33.160]  He just wants to appear.
[27:33.160 --> 27:38.160]  Yeah, now you're saying I appeared and they say no you didn't, yes I did, no you didn't.
[27:38.160 --> 27:43.160]  Yeah, and so now you've got to transcribe the audio, file it as an affidavit,
[27:43.160 --> 27:53.160]  file a motion to vacate the notice of failure to appear and do the challenge to jurisdiction.
[27:53.160 --> 28:00.160]  Yeah, there's this thing about, and it was popular for quite a while with the Republic of Texas and others,
[28:00.160 --> 28:04.160]  well they don't have a jurisdiction so just don't show up.
[28:04.160 --> 28:08.160]  Well, bubba, they think they've got jurisdiction.
[28:08.160 --> 28:11.160]  They're going to act like they've got jurisdiction.
[28:11.160 --> 28:16.160]  And they're going to throw your behind in the can just as if they had jurisdiction.
[28:16.160 --> 28:21.160]  And you're going to get all these claims against them, well whoop-dee-doo.
[28:21.160 --> 28:27.160]  You're still getting thrown in the can and this is what we're trying to avoid.
[28:27.160 --> 28:34.160]  There's a way to do this without getting thrown in the can and bring them to task anyway.
[28:34.160 --> 28:36.160]  And I opt for staying out of the can.
[28:36.160 --> 28:38.160]  I opt for staying out of the can too.
[28:38.160 --> 28:42.160]  And you know, I've said this before on the show when we're talking about traffic tickets
[28:42.160 --> 28:48.160]  and talking about preserving your liberties and even some callers have retorted to me,
[28:48.160 --> 28:53.160]  we're talking about traffic ticket here Deborah, and I'm like, it doesn't matter.
[28:53.160 --> 28:58.160]  They'll throw your butt in jail over a traffic ticket, I've watched it, okay?
[28:58.160 --> 29:00.160]  Hey, I felt it.
[29:00.160 --> 29:01.160]  Yeah.
[29:01.160 --> 29:02.160]  I felt it.
[29:02.160 --> 29:04.160]  It sure felt like I was in jail.
[29:04.160 --> 29:07.160]  They will throw your butt in jail over a traffic ticket, okay?
[29:07.160 --> 29:12.160]  So don't ever say it's just a traffic ticket, okay?
[29:12.160 --> 29:15.160]  Because they'll throw you in jail over it at the same time.
[29:15.160 --> 29:24.160]  And I got heartburn from those sandwiches just like when I was thrown in jail for other things.
[29:24.160 --> 29:25.160]  Okay.
[29:25.160 --> 29:27.160]  All right, we've got some callers on the line.
[29:27.160 --> 29:30.160]  Eddie, do you want to take some calls, Randy?
[29:30.160 --> 29:31.160]  Yeah.
[29:31.160 --> 29:32.160]  Okay, we've got Skylar from Texas.
[29:32.160 --> 29:35.160]  Aaron called in a few moments ago and dropped off the line.
[29:35.160 --> 29:38.160]  Aaron, if you would call back in, we'll take your call as well.
[29:38.160 --> 29:41.160]  We're going to go to Skylar on the other side.
[29:41.160 --> 29:42.160]  This is the rule of law.
[29:42.160 --> 29:45.160]  Randy Kelton, Eddie Craig, Deborah Stevens.
[29:45.160 --> 30:00.160]  It's Monday, October 18th, and we will be right back, folks.
[30:00.160 --> 30:04.160]  Top 10 reasons to question the official story of the Oklahoma City bombing, reason number five.
[30:04.160 --> 30:10.160]  As witnessed by millions of viewers, the rescue efforts were interrupted several times due to the presence of other explosives.
[30:10.160 --> 30:15.160]  Government log entries indicate and witnesses report that after the initial devastating blast,
[30:15.160 --> 30:19.160]  a bomb complete with timer was discovered and removed from wreckage by the bomb squad.
[30:19.160 --> 30:22.160]  Yet we are told it's all due to baseless bomb scares or other contrivances.
[30:22.160 --> 30:29.160]  So while officials try to sort out their stories, all we ask is who planted these bombs and why is the government lying about them?
[30:29.160 --> 30:32.160]  For more information, go to okcbombingtruth.com.
[30:32.160 --> 30:35.160]  It's summer in 2017, and it's hot.
[30:35.160 --> 30:39.160]  But when you go to turn on your A.C., you find you no longer can.
[30:39.160 --> 30:44.160]  I'm Dr. Catherine Albrecht, and I'll tell you about the coming smart grid in just a moment.
[30:44.160 --> 30:46.160]  Privacy is under attack.
[30:46.160 --> 30:49.160]  When you give up data about yourself, you'll never get it back again.
[30:49.160 --> 30:54.160]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:54.160 --> 30:59.160]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:59.160 --> 31:02.160]  Privacy, it's worth hanging on to.
[31:02.160 --> 31:05.160]  This public service announcement is brought to you by Startpage.com,
[31:05.160 --> 31:09.160]  the private search engine alternative to Google, Yahoo, and Bing.
[31:09.160 --> 31:13.160]  Start over with Startpage.
[31:13.160 --> 31:17.160]  You've probably heard of smart cars, but have you heard of the smart grid?
[31:17.160 --> 31:21.160]  Stimulus money is being used to fund smart electric meters across the country.
[31:21.160 --> 31:24.160]  Chances are there's already one on the side of your house.
[31:24.160 --> 31:29.160]  Smart meters allow for two-way communication between your home's electric system and the power company.
[31:29.160 --> 31:34.160]  But monitoring your energy consumption today could turn into rationing tomorrow.
[31:34.160 --> 31:40.160]  Already, power companies are running trials where they remotely turn off people's air conditioners during peak hours.
[31:40.160 --> 31:45.160]  Eventually, the smart grid will monitor every time you use the toaster or run the dryer.
[31:45.160 --> 31:48.160]  It'll know when you're home or when you use the guest room.
[31:48.160 --> 31:52.160]  It's all micromanagement, and it's the future, unless we say no.
[31:52.160 --> 32:05.160]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:05.160 --> 32:23.160]  Yeah, I got a warrant, and I'm going to solve them to help government prosecute them. Okay.
[32:23.160 --> 32:37.160]  I need a prosecutor to come and help me prosecute them wicked leaders.
[32:37.160 --> 32:42.160]  You see, they're liars. They're liars. They tell sick stories.
[32:42.160 --> 32:47.160]  We don't believe what they tell us. 3% of Americans vote for Bush.
[32:47.160 --> 32:53.160]  So how the hell do you get the presidency? That's why we have a warrant for him.
[32:53.160 --> 32:56.160]  Everybody listen carefully. Listen to the word.
[32:56.160 --> 33:01.160]  This is arrest for Mr. Bush.
[33:01.160 --> 33:06.160]  My warrant for Bush.
[33:06.160 --> 33:09.160]  This is arrest for Bush.
[33:09.160 --> 33:14.160]  Okay, folks, we're back. We're taking your calls.
[33:14.160 --> 33:17.160]  Aaron, you're welcome to call back in. You were on the line a moment ago.
[33:17.160 --> 33:22.160]  We're going now to Skyler in Texas. Skyler, thanks for calling in.
[33:22.160 --> 33:24.160]  What's on your mind tonight?
[33:24.160 --> 33:29.160]  Yeah, I've had a mortgage since 2007, the very beginning of 2007.
[33:29.160 --> 33:36.160]  Are you all taking calls on that, or is it open phones, or what's going on?
[33:36.160 --> 33:41.160]  It's up to Debra. Eddie, you want to take this one off topic?
[33:41.160 --> 33:44.160]  That's fine. It's a mortgage. Go ahead.
[33:44.160 --> 33:47.160]  You don't have a lot of people waiting to be my guest.
[33:47.160 --> 33:49.160]  Yeah, go ahead, Randy. Take the call.
[33:49.160 --> 33:52.160]  Let's rock and roll. Okay. Skyler, go ahead.
[33:52.160 --> 33:57.160]  Sounds excellent. All right. Well, City Mortgage bought my loan two months
[33:57.160 --> 34:02.160]  after I initially got it from a company called Agus.
[34:02.160 --> 34:05.160]  Okay, it was 2007?
[34:05.160 --> 34:07.160]  This was 2007.
[34:07.160 --> 34:14.160]  8, 9, 10. You're almost out of time. What month of 07?
[34:14.160 --> 34:16.160]  January.
[34:16.160 --> 34:19.160]  Ah, pooky.
[34:19.160 --> 34:21.160]  Well, it just sold again.
[34:21.160 --> 34:26.160]  You're just barely over the recession time.
[34:26.160 --> 34:31.160]  But if it's 2007, that was just before the sky fell in,
[34:31.160 --> 34:33.160]  that was when they were the worst.
[34:33.160 --> 34:36.160]  He said it just sold again.
[34:36.160 --> 34:38.160]  That don't matter. That doesn't help.
[34:38.160 --> 34:44.160]  That doesn't help with tolling of TILA,
[34:44.160 --> 34:50.160]  the statute of limitations on a truth-of-naming accusation, RAND.
[34:50.160 --> 34:56.160]  But we plead equitable tolling for lots of reasons.
[34:56.160 --> 35:00.160]  Okay, what was your specific question?
[35:00.160 --> 35:03.160]  Well, the note just got sold again
[35:03.160 --> 35:07.160]  by a company called Nation Star Mortgage, who I've never heard of.
[35:07.160 --> 35:11.160]  Okay, let's do a slight correction here.
[35:11.160 --> 35:13.160]  The note did not get sold.
[35:13.160 --> 35:14.160]  It got transferred.
[35:14.160 --> 35:18.160]  They just changed servicers. The servicer is merely a contractor.
[35:18.160 --> 35:19.160]  Okay.
[35:19.160 --> 35:24.160]  The servicer has no monetary interest in the note,
[35:24.160 --> 35:27.160]  and that's why he can't foreclose.
[35:27.160 --> 35:28.160]  Okay.
[35:28.160 --> 35:30.160]  He is not a principal.
[35:30.160 --> 35:38.160]  Now, the problem with the principal is there may or may not be a principal.
[35:38.160 --> 35:44.160]  Your loan may or may not have already been paid off in the secondary markets.
[35:44.160 --> 35:45.160]  Yeah.
[35:45.160 --> 35:49.160]  It's real complex what's going on back there.
[35:49.160 --> 35:56.160]  The holder of the note, they take the notes
[35:56.160 --> 36:00.160]  and they combine them together in this investment pool.
[36:00.160 --> 36:01.160]  Yeah.
[36:01.160 --> 36:07.160]  And then this investment pool is supposed to produce a certain amount of dollar flow.
[36:07.160 --> 36:08.160]  Yeah.
[36:08.160 --> 36:13.160]  If it doesn't produce the dollar flow, what they do is credit default swaps,
[36:13.160 --> 36:22.160]  and they move portions of the investment around
[36:22.160 --> 36:30.160]  so that investment in one pool feeds income into another pool.
[36:30.160 --> 36:39.160]  So you have an owner or an investor in the pool who claims to be a principal,
[36:39.160 --> 36:44.160]  but because they shifted the pools around,
[36:44.160 --> 36:51.160]  he may have been paid off because he got interest from some other investment.
[36:51.160 --> 36:58.160]  So whether or not you owe any money doesn't necessarily mean
[36:58.160 --> 37:03.160]  that the investor can claim a default
[37:03.160 --> 37:09.160]  because he may have received consideration from another source.
[37:09.160 --> 37:12.160]  There's a lot of really complex stuff going on back there.
[37:12.160 --> 37:14.160]  So it's already been paid.
[37:14.160 --> 37:16.160]  Yeah. It could have already been paid.
[37:16.160 --> 37:18.160]  You don't even know it.
[37:18.160 --> 37:23.160]  The more I dig, the more of these issues that I find.
[37:23.160 --> 37:30.160]  So are you in foreclosure or what's your condition?
[37:30.160 --> 37:34.160]  I'm fixing to become a real American and stand up.
[37:34.160 --> 37:43.160]  The way I see this is the contract, and I never agreed to any of this.
[37:43.160 --> 37:46.160]  What is all this, you know?
[37:46.160 --> 37:49.160]  Well, I'm saying are you up to date on your mortgage?
[37:49.160 --> 37:51.160]  Not anymore.
[37:51.160 --> 37:54.160]  Okay, because if you were, then that's a great place to be.
[37:54.160 --> 37:56.160]  I could be. I mean, it's real simple.
[37:56.160 --> 37:59.160]  All I got to do is give them the money.
[37:59.160 --> 38:03.160]  If you've got it, that is a good place to go after them.
[38:03.160 --> 38:06.160]  That way they have no counterclaim.
[38:06.160 --> 38:09.160]  They don't have one calculation.
[38:09.160 --> 38:13.160]  How much is this going to cost me?
[38:13.160 --> 38:16.160]  They don't have any calculation of what they can get back.
[38:16.160 --> 38:19.160]  I'm going to lose. How much am I going to lose?
[38:19.160 --> 38:21.160]  That's all they've got.
[38:21.160 --> 38:25.160]  So that's a good time, if you can, if it's reasonable.
[38:25.160 --> 38:33.160]  If not, anyway, I don't suggest you stop paying the mortgage
[38:33.160 --> 38:36.160]  because this keeps you from losing the house.
[38:36.160 --> 38:38.160]  Unless you've done a calculation.
[38:38.160 --> 38:41.160]  You purchased in 07.
[38:41.160 --> 38:45.160]  What was the principal amount?
[38:45.160 --> 38:49.160]  The principal amount was 101.
[38:49.160 --> 38:51.160]  I've got it down to 96 right now.
[38:51.160 --> 38:55.160]  The house is worth about 120.
[38:55.160 --> 38:59.160]  How much do you think you can get for it now?
[38:59.160 --> 39:02.160]  Well, the foundation's got a room in.
[39:02.160 --> 39:03.160]  No, no, no.
[39:03.160 --> 39:08.160]  I've suggested that because of the condition of the real estate market,
[39:08.160 --> 39:10.160]  80 maybe.
[39:10.160 --> 39:14.160]  Are you in the Dallas area, I mean in Texas?
[39:14.160 --> 39:16.160]  I'm in the Austin area.
[39:16.160 --> 39:22.160]  Well, if I were to go to Austin, Austin hasn't been heavily impacted.
[39:22.160 --> 39:23.160]  Exactly.
[39:23.160 --> 39:25.160]  But it's going to.
[39:25.160 --> 39:26.160]  Oh yeah, it's inevitable.
[39:26.160 --> 39:30.160]  In other places already, it's down to 50%.
[39:30.160 --> 39:32.160]  Yeah, it depends on what part of town you're in.
[39:32.160 --> 39:38.160]  If you're in central Austin, it's probably not going to get impacted that much.
[39:38.160 --> 39:49.160]  But the property values, because there will be so many, will be impacted wherever you're at.
[39:49.160 --> 39:53.160]  So you'd look at your property values and what's going to happen to it.
[39:53.160 --> 40:02.160]  If it goes way upside down, you might not pay it because you're throwing your money down a rat hole.
[40:02.160 --> 40:03.160]  Oh yeah, definitely.
[40:03.160 --> 40:05.160]  That's where I see it going.
[40:05.160 --> 40:13.160]  Right now it's slightly above spec, but it's getting there real quick.
[40:13.160 --> 40:15.160]  So it's a good time to see.
[40:15.160 --> 40:18.160]  I mean it's not that difficult.
[40:18.160 --> 40:26.160]  And if you're not far behind and you can repair or if you can bring it up to date
[40:26.160 --> 40:33.160]  and you keep it to where you can, either pay the note or take that money
[40:33.160 --> 40:36.160]  and put it in gold and silver or something of that nature,
[40:36.160 --> 40:40.160]  then if they reach a point where the suit ends and they say,
[40:40.160 --> 40:43.160]  well you've got to pay this much to keep your house, you've got it.
[40:43.160 --> 40:44.160]  And then some.
[40:44.160 --> 40:51.160]  Then you take the money you would be paying them that you're paying, what, six, eight, nine percent on
[40:51.160 --> 41:00.160]  and put it in silver and gain $200 a year, that's a pretty good trade-off.
[41:00.160 --> 41:08.160]  It is a good trade-off, but what I'm trying to figure out is why are they swapping my loan around so much?
[41:08.160 --> 41:11.160]  I mean I made my payment.
[41:11.160 --> 41:19.160]  It may be one company is going to, they bankrupt these companies on a regular basis.
[41:19.160 --> 41:30.160]  And depending on the, if your loan is beginning to perform more slowly,
[41:30.160 --> 41:33.160]  they'll switch you to another servicer that specializes in that.
[41:33.160 --> 41:38.160]  If the loan stops performing, they'll shift it to another servicer.
[41:38.160 --> 41:43.160]  So these servicers specialize in loans depending on where they're at.
[41:43.160 --> 41:46.160]  So that's probably why they do that.
[41:46.160 --> 41:49.160]  Although there's no real way to know why they change servicers.
[41:49.160 --> 41:55.160]  Well, what would be a good force of action at this point that you understand my situation?
[41:55.160 --> 42:01.160]  There is only one way to get the lender's attention.
[42:01.160 --> 42:03.160]  Sue him.
[42:03.160 --> 42:04.160]  Okay.
[42:04.160 --> 42:11.160]  You start with a tort letter and a, with a qualified written request and then a tort letter.
[42:11.160 --> 42:19.160]  A qualified written request is a claim of an accounting error and demand that they correct the error.
[42:19.160 --> 42:26.160]  And a simple way to do that is claim that all the fees they charged on the HUD-1 settlement statement were bogus.
[42:26.160 --> 42:31.160]  You fail to produce documentation at closing to show that these were valid fees.
[42:31.160 --> 42:33.160]  Therefore, they're bogus.
[42:33.160 --> 42:38.160]  They take them off the head of the note and correct my note by that amount.
[42:38.160 --> 42:41.160]  That makes it a tort letter.
[42:41.160 --> 42:43.160]  Get it to them.
[42:43.160 --> 42:48.160]  And then you've, that is your exercising remedy.
[42:48.160 --> 42:55.160]  The court does not want you to use them as the remedy of first resort but rather of last resort.
[42:55.160 --> 42:58.160]  And they require that you exercise your administrative remedies.
[42:58.160 --> 43:03.160]  The only one that's really required is a tort letter or that you ask.
[43:03.160 --> 43:07.160]  But if it's too close to foreclosure or something, then you can bypass that.
[43:07.160 --> 43:09.160]  But send them a tort letter.
[43:09.160 --> 43:11.160]  Tell them all the things they did wrong.
[43:11.160 --> 43:14.160]  Tell them to make you whole and be sued.
[43:14.160 --> 43:20.160]  And when the time limit, you know, give them 20 days, 30 days, 31 days, boom, sue them.
[43:20.160 --> 43:21.160]  All right.
[43:21.160 --> 43:22.160]  That'll get their attention.
[43:22.160 --> 43:24.160]  That's about the only thing they will.
[43:24.160 --> 43:28.160]  So the grounds I can sue them on is...
[43:28.160 --> 43:30.160]  We've got stacks of them.
[43:30.160 --> 43:31.160]  Okay.
[43:31.160 --> 43:34.160]  We're going to go to break here shortly when we come back.
[43:34.160 --> 43:36.160]  I'll go through some of those.
[43:36.160 --> 43:39.160]  We produce a document for that purpose.
[43:39.160 --> 43:41.160]  You can find all this on the Internet.
[43:41.160 --> 43:43.160]  Lots of reasons to go after.
[43:43.160 --> 43:45.160]  We don't need to use ours.
[43:45.160 --> 43:52.160]  So, okay, this is Randy Kelton, Debra Stevens, Eddie Craig, We Love Radio.
[43:52.160 --> 43:56.160]  Tick at night, but we're talking about the foreclosure.
[43:56.160 --> 44:06.160]  We'll be right back.
[44:26.160 --> 44:36.160]  We'll be right back.
[44:56.160 --> 45:06.160]  We'll be right back.
[45:26.160 --> 45:46.160]  We'll be right back.
[45:46.160 --> 45:56.160]  We'll be right back.
[45:56.160 --> 46:24.160]  After you use Centrition, you'll believe in supplements again.
[46:24.160 --> 46:51.160]  Okay, folks, we're back.
[46:51.160 --> 46:54.160]  Tonight's Monday night, October 18th.
[46:54.160 --> 46:55.160]  It is traffic night.
[46:55.160 --> 47:00.160]  So folks, if you'd like to call in and ask any questions or us about traffic issues,
[47:00.160 --> 47:03.160]  512-646-1984.
[47:03.160 --> 47:07.160]  However, right now we're handling a mortgage question.
[47:07.160 --> 47:11.160]  And, Randy, you were just about to talk about all the different reasons
[47:11.160 --> 47:13.160]  that people could sue these lenders.
[47:13.160 --> 47:18.160]  And also you were going to talk about the statute of limitations on RESPA.
[47:18.160 --> 47:24.160]  Okay, the only problem I have with talking about all the reasons to sue the lender
[47:24.160 --> 47:27.160]  is we only got an hour and 15 minutes.
[47:27.160 --> 47:31.160]  I don't have eight hours.
[47:31.160 --> 47:34.160]  There are so many.
[47:34.160 --> 47:39.160]  But before I go to that, Deb asked a good question on the break.
[47:39.160 --> 47:45.160]  I was addressing, you've only got three years to go after truth in lending.
[47:45.160 --> 47:50.160]  The Truth in Lending Act is a consumer protection statute.
[47:50.160 --> 47:58.160]  And that statute created a special claim you can make against a lender.
[47:58.160 --> 48:03.160]  And since the statute created the claim or the right to go after the lender,
[48:03.160 --> 48:10.160]  the legislature in so creating has the authority to limit the exercise of that right.
[48:10.160 --> 48:11.160]  And they did.
[48:11.160 --> 48:15.160]  They limited it to one year for civil damages,
[48:15.160 --> 48:18.160]  three years for penalties against the lender.
[48:18.160 --> 48:22.160]  And that's why I was asking about the dates.
[48:22.160 --> 48:27.160]  However, we argue that, and this came from one of the judges
[48:27.160 --> 48:29.160]  that turned down one of our documents,
[48:29.160 --> 48:34.160]  the only thing that tolls the time limit, that stops it,
[48:34.160 --> 48:42.160]  that tolling means the statute of limitations stops counting.
[48:42.160 --> 48:46.160]  The only thing that tolls the statute of limitations
[48:46.160 --> 48:50.160]  is an accusation of fraudulent concealment.
[48:50.160 --> 48:55.160]  So in all our documents, we accuse the lender of fraudulent concealment.
[48:55.160 --> 49:00.160]  And therefore, the truth in lending statutes,
[49:00.160 --> 49:05.160]  statute of limitations tolls until we discovered the fraud,
[49:05.160 --> 49:08.160]  which was the day before yesterday.
[49:08.160 --> 49:12.160]  In the alternative, if the court rules against us,
[49:12.160 --> 49:18.160]  it doesn't matter that much as we have a right to common law set off by recoupment.
[49:18.160 --> 49:22.160]  We have a right to recoup based on fraud.
[49:22.160 --> 49:28.160]  And the statute of limitations on fraud tolls until we discover the fraud.
[49:28.160 --> 49:36.160]  It is the intent of the conspirator and the defrauder
[49:36.160 --> 49:40.160]  that what they are doing be concealed.
[49:40.160 --> 49:47.160]  So the statute of limitations doesn't start to run until you discover the fraud.
[49:47.160 --> 49:52.160]  And if we are defrauded, we don't need Truth in Lending Act to give us remedy.
[49:52.160 --> 49:55.160]  We have remedy at the common law.
[49:55.160 --> 49:59.160]  And that doesn't mean the old, ancient common law,
[49:59.160 --> 50:04.160]  but the common law in this case means your common causes of action,
[50:04.160 --> 50:09.160]  a claim for common law fraud, a claim for fraud by nondisclosure,
[50:09.160 --> 50:12.160]  a claim for fraudulent inducement.
[50:12.160 --> 50:16.160]  These claims we have in the civil court anyway.
[50:16.160 --> 50:22.160]  So if they deny, I hope to you the respite, no problem.
[50:22.160 --> 50:26.160]  We counter by going for common law set off by recoupment.
[50:26.160 --> 50:33.160]  And I say set off by recoupment because if you move to rescind the note,
[50:33.160 --> 50:43.160]  then what the lender will say is if you rescind the note, you have to tender.
[50:43.160 --> 50:50.160]  I gave you all this money to purchase this house with.
[50:50.160 --> 50:54.160]  If you rescind the note, you have to give me all that money back.
[50:54.160 --> 51:00.160]  And if you gave me money as payment, I have to give all of that back to you.
[51:00.160 --> 51:06.160]  You can claim set off anyway based on the amount you've paid.
[51:06.160 --> 51:10.160]  But we make a very large fraud claim against the lender,
[51:10.160 --> 51:20.160]  much larger than the original principle and we claim set off tender by set off through recoupment.
[51:20.160 --> 51:29.160]  We get to recoup the damages and that sets off the tender we would have to render to the lender.
[51:29.160 --> 51:35.160]  That was a little too, anyway, too much rhyming, but I hope that makes sense.
[51:35.160 --> 51:40.160]  Does that make sense, Skyler?
[51:40.160 --> 51:42.160]  I think we might have lost Skyler.
[51:42.160 --> 51:43.160]  I'm here.
[51:43.160 --> 51:45.160]  Oh, okay.
[51:45.160 --> 51:52.160]  Okay, so basically they've given me this.
[51:52.160 --> 51:59.160]  See, what I thought was very weird was now that all this mortgage fraud stuff is coming out in the open,
[51:59.160 --> 52:01.160]  now they're selling my note.
[52:01.160 --> 52:05.160]  Yeah, I don't think that's it at all.
[52:05.160 --> 52:09.160]  It's probably because if you stop paying, if you're starting to,
[52:09.160 --> 52:19.160]  if the note is not performing up to, if it's not up to date, generally a different servicer handles that.
[52:19.160 --> 52:24.160]  But, oh, the other issue I was going to go to is Soop.
[52:24.160 --> 52:31.160]  File a good suit, bad suit, he the one to stop them in their tracks.
[52:31.160 --> 52:36.160]  Sometimes the judges throw out the bad suit and go back and appeal it.
[52:36.160 --> 52:41.160]  And with all the suits that have been filed, appeals are going to last forever.
[52:41.160 --> 52:47.160]  This buys you time while the real estate market is crashing, while the sky's falling in on the lender.
[52:47.160 --> 52:50.160]  He's getting beat up in the courts in every direction.
[52:50.160 --> 52:53.160]  Time is on your side.
[52:53.160 --> 52:59.160]  And I don't want to go about filing a correct suit against these people.
[52:59.160 --> 53:04.160]  Well, you can contact us and we can help you with it.
[53:04.160 --> 53:08.160]  Or you can go on the Internet and do your homework.
[53:08.160 --> 53:11.160]  I'll give you a contact a third time.
[53:11.160 --> 53:17.160]  Just send me an email to Randy at remediesinrealestate.com.
[53:17.160 --> 53:26.160]  I will definitely do that and, yeah, well, the thing was is also I wanted to add this before I go.
[53:26.160 --> 53:28.160]  I have been up to date on my mortgage.
[53:28.160 --> 53:30.160]  That's the weird part.
[53:30.160 --> 53:31.160]  That's what I don't get.
[53:31.160 --> 53:36.160]  They sent us a letter a day or two after I decided not to pay them anymore.
[53:36.160 --> 53:42.160]  So I don't understand where they're getting their value as a bit discriminatory note.
[53:42.160 --> 53:47.160]  Well, maybe they have a resonant psychic and they do.
[53:47.160 --> 53:53.160]  Or it just may be that one servicer said, man, I've got more business that I can handle.
[53:53.160 --> 53:55.160]  I need to move this over here.
[53:55.160 --> 53:57.160]  You know, it could be something very innocuous.
[53:57.160 --> 54:03.160]  It's very unlikely that it has anything to do with your note, especially if you're performing.
[54:03.160 --> 54:05.160]  Okay.
[54:05.160 --> 54:06.160]  All right.
[54:06.160 --> 54:11.160]  Well, I will give you an email and I know what day do you all do the mortgage thing because I'll give you all a call back then.
[54:11.160 --> 54:12.160]  Okay.
[54:12.160 --> 54:15.160]  We will talk more about them Thursday or Friday.
[54:15.160 --> 54:18.160]  This is the only day that's dedicated to traffic.
[54:18.160 --> 54:19.160]  Okay.
[54:19.160 --> 54:20.160]  All right.
[54:20.160 --> 54:21.160]  Well, yeah, I apologize about that.
[54:21.160 --> 54:24.160]  I was unaware of that and I will let you all get back to traffic and I will send you an email.
[54:24.160 --> 54:25.160]  Okay.
[54:25.160 --> 54:26.160]  Not a problem.
[54:26.160 --> 54:27.160]  Not a problem, Scott.
[54:27.160 --> 54:28.160]  Thank you.
[54:28.160 --> 54:29.160]  You're very welcome.
[54:29.160 --> 54:30.160]  You all have a good day.
[54:30.160 --> 54:31.160]  I'll be looking.
[54:31.160 --> 54:32.160]  Okay.
[54:32.160 --> 54:33.160]  Thank you.
[54:33.160 --> 54:34.160]  The phone lines are empty.
[54:34.160 --> 54:39.160]  If anybody has any questions for Eddie, let's do something different tonight.
[54:39.160 --> 54:42.160]  Let's play Stomp the Chop.
[54:42.160 --> 54:47.160]  Let's see if we can find some good hard questions for Eddie.
[54:47.160 --> 54:53.160]  These days are all hard.
[54:53.160 --> 54:54.160]  Okay.
[54:54.160 --> 55:08.160]  Well, I'm coming back to Austin tomorrow and I have some tickets there that I very much want to get a good set of pleadings put together for so I can take these guys on.
[55:08.160 --> 55:13.160]  I want to give them a really good fight.
[55:13.160 --> 55:32.160]  So in the next few weeks, I hope to have a real good set of pleadings put together and that our upcoming cat out of the upcoming bag, we're bringing up Rule of Law School website
[55:32.160 --> 55:38.160]  and we will be putting a number of litigation engines on there.
[55:38.160 --> 55:40.160]  Traffic will be one of them.
[55:40.160 --> 55:47.160]  We're not sure how long it's going to take us to get it put together, but I have programmers in place.
[55:47.160 --> 56:02.160]  We're getting this started or I hope soon to have traffic, criminal, foreclosure, family, bar grievance, judicial conduct complaints.
[56:02.160 --> 56:07.160]  Those are what we have on the agenda for the moment.
[56:07.160 --> 56:17.160]  And we may, as time goes on, add other issues as the engine gets more sophisticated.
[56:17.160 --> 56:20.160]  So look forward to coming up.
[56:20.160 --> 56:25.160]  Well, it's something you could use in the case of your tickets there, Randy.
[56:25.160 --> 56:33.160]  If you look at the Code of Criminal Procedure and look at Article 45.023, Defendants Plead,
[56:33.160 --> 56:42.160]  it very clearly reads, after the jury is impaneled or after the defendant has waived trial by jury,
[56:42.160 --> 56:49.160]  the defendant may, one, plead guilty or not guilty, two, enter a plea of no-lo contender,
[56:49.160 --> 56:55.160]  or three, enter the special plea of double jeopardy as described by Article 27.05.
[56:55.160 --> 57:00.160]  Now, it says that you don't enter the plea until after the jury is impaneled.
[57:00.160 --> 57:08.160]  And on top of that, you're not given the option of, you know, challenge in jurisdiction at this point, of course.
[57:08.160 --> 57:10.160]  That would have had to all be done prior.
[57:10.160 --> 57:14.160]  But what you're doing is completely out of order here.
[57:14.160 --> 57:16.160]  Wait a minute, wait a minute.
[57:16.160 --> 57:23.160]  That's requiring that a plea be entered before the jury.
[57:23.160 --> 57:34.160]  Didn't they change the statute so that a JP or a municipal judge could do an arraignment?
[57:34.160 --> 57:39.160]  That's in 1517, okay?
[57:39.160 --> 57:47.160]  But this is 45, which deals with the process of what they're supposed to do in regards to these particular misdemeanors.
[57:47.160 --> 57:52.160]  Does 45 address enter giving a plea anywhere else?
[57:52.160 --> 57:54.160]  No.
[57:54.160 --> 57:56.160]  Oh, cool.
[57:56.160 --> 58:00.160]  This is the kind of stuff we won't briefed out.
[58:00.160 --> 58:05.160]  If we can get the engine together, people can come on, use the engine,
[58:05.160 --> 58:10.160]  and go into the court with a consistent set of arguments,
[58:10.160 --> 58:15.160]  and then start hammering grand juries when the court screw it up.
[58:15.160 --> 58:18.160]  We may well get this fixed.
[58:18.160 --> 58:21.160]  And we could even work that into a backside lawsuit as well.
[58:21.160 --> 58:24.160]  This could get real interesting.
[58:24.160 --> 58:28.160]  This is Randy Kelton, Deborah Stevens, Eddie Craig.
[58:28.160 --> 58:31.160]  I see David from Texas.
[58:31.160 --> 58:32.160]  We're going to go to break.
[58:32.160 --> 58:37.160]  When we come back on the other side, we'll take David.
[58:37.160 --> 58:39.160]  It's going to get interesting.
[58:39.160 --> 59:00.160]  Okay, we'll be right back on the other side.
[59:00.160 --> 59:04.160]  The Bible remains the most popular book in the world,
[59:04.160 --> 59:08.160]  yet countless readers are frustrated because they struggle to understand it.
[59:08.160 --> 59:11.160]  Some new translations try to help by simplifying the text,
[59:11.160 --> 59:16.160]  but in the process can compromise the profound meaning of the Scripture.
[59:16.160 --> 59:19.160]  Enter the recovery version.
[59:19.160 --> 59:23.160]  First, this new translation is extremely faithful and accurate,
[59:23.160 --> 59:28.160]  but the real story is the more than 9,000 explanatory footnotes.
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[59:32.160 --> 59:35.160]  providing an entrance into the riches of the Word
[59:35.160 --> 59:38.160]  which you've ever experienced before.
[59:38.160 --> 59:41.160]  Bibles for America would like to give you a free recovery version
[59:41.160 --> 59:43.160]  simply for the asking.
[59:43.160 --> 59:46.160]  This comprehensive yet compact study Bible is yours
[59:46.160 --> 59:53.160]  just by calling us toll free at 1-888-551-0102
[59:53.160 --> 59:57.160]  or by ordering online at freestudybible.com.
[59:57.160 --> 01:00:04.160]  That's freestudybible.com.
[01:00:04.160 --> 01:00:07.160]  Chancellor Angela Merkel said over the weekend Germany's attempt
[01:00:07.160 --> 01:00:10.160]  to create a multicultural society has failed
[01:00:10.160 --> 01:00:13.160]  and called on the country's immigrants to learn German
[01:00:13.160 --> 01:00:15.160]  and adopt Christian values.
[01:00:15.160 --> 01:00:18.160]  Merkel's comments came on the heels of a recent Christian science
[01:00:18.160 --> 01:00:24.160]  monitor poll that found 13% of Germans are in favor of a new Fuhrer.
[01:00:24.160 --> 01:00:28.160]  Strikes continued in France as the battle intensified between unions
[01:00:28.160 --> 01:00:32.160]  and the government, with the Senate set to vote on whether to slash pensions
[01:00:32.160 --> 01:00:35.160]  and raise the retirement age Wednesday.
[01:00:35.160 --> 01:00:41.160]  1,500 gas stations have run dry as strikes continued at French oil refineries.
[01:00:41.160 --> 01:00:44.160]  Striking truck drivers are blocking roads and high school students
[01:00:44.160 --> 01:00:50.160]  are blockading schools and burning vehicles in solidarity with the unions.
[01:00:50.160 --> 01:00:55.160]  The Pentagon has assembled a 120-member team to prepare for the expected publication
[01:00:55.160 --> 01:01:00.160]  of some 400,000 Iraq war documents on the WikiLeaks website.
[01:01:00.160 --> 01:01:04.160]  Spencer Ackerman, a journalist who has covered WikiLeaks extensively, says,
[01:01:04.160 --> 01:01:07.160]  we may learn a fair amount about civilian casualties
[01:01:07.160 --> 01:01:11.160]  and the nature of the insurgency, contrary to what U.S. officials said
[01:01:11.160 --> 01:01:14.160]  at the height of the Iraq war.
[01:01:14.160 --> 01:01:17.160]  Ambulance chiefs in Britain are being pressured to explain the loss
[01:01:17.160 --> 01:01:23.160]  of a key medical record relating to the suspicious death of Arms Inspector David Kelly
[01:01:23.160 --> 01:01:26.160]  after police said they never received the document.
[01:01:26.160 --> 01:01:30.160]  Bosses at South Central Ambulance were criticized last month when the UK Mail
[01:01:30.160 --> 01:01:34.160]  on Sunday revealed they couldn't find the patient report form completed
[01:01:34.160 --> 01:01:40.160]  by paramedic Vanessa Hunt, who attended the scene of Kelly's death in 2003.
[01:01:40.160 --> 01:01:46.160]  The Mail says the missing document will increase demand for an inquest into Kelly's death.
[01:01:46.160 --> 01:01:50.160]  Dr. Michael Powers, who is leading a group of doctors campaigning for an inquest, said,
[01:01:50.160 --> 01:01:54.160]  this document has either been intentionally or incompetently lost.
[01:01:54.160 --> 01:01:56.160]  It can only be one or the other.
[01:01:56.160 --> 01:02:01.160]  At the time of the death, Hunt and her colleague Dave Bartlett, who also attended the death scene,
[01:02:01.160 --> 01:02:08.160]  claimed Kelly's body had been moved, adding urgency to the demand for an inquest.
[01:02:08.160 --> 01:02:12.160]  Documents obtained by the Center for Public Integrity show scores of Republicans
[01:02:12.160 --> 01:02:18.160]  and conservative Democrats who voted against the government's $787 billion stimulus package,
[01:02:18.160 --> 01:02:22.160]  subsequently wrote letters requesting stimulus funds for projects
[01:02:22.160 --> 01:02:26.160]  in a massive behind-the-scenes letter writing and phone campaign.
[01:02:26.160 --> 01:02:30.160]  Those asking for money included Tea Party representative Michelle Bachman
[01:02:30.160 --> 01:02:34.160]  and former presidential candidates Ron Paul and John McCain.
[01:02:34.160 --> 01:02:40.160]  After being sworn in, Senator Scott Brown famously remarked the stimulus did not create a single job,
[01:02:40.160 --> 01:02:45.160]  but two months later he wrote a letter requesting grant money for the Broadband Institute,
[01:02:45.160 --> 01:02:50.160]  saying the money would help prepare our next generation of entrepreneurs and job creators.
[01:02:50.160 --> 01:02:56.160]  For more details on these stories, visit www.inmworldrecord.net.
[01:03:20.160 --> 01:03:27.160]  It's all according to the will of the Almighty.
[01:03:27.160 --> 01:03:34.160]  I read his book and it says he cares not for the unsightly.
[01:03:34.160 --> 01:03:40.160]  And these warmongers come by that term rightly.
[01:03:40.160 --> 01:03:44.160]  Okay folks, we're back for hour two, the rule of law.
[01:03:44.160 --> 01:03:50.160]  We're taking our calls, 512-646-1984. We've got David in Texas.
[01:03:50.160 --> 01:03:54.160]  David, thanks for calling in. What's on your mind tonight?
[01:03:54.160 --> 01:03:56.160]  Thank you for taking my call. I appreciate it.
[01:03:56.160 --> 01:04:02.160]  I have an interesting driver's license question for Eddie and Randy.
[01:04:02.160 --> 01:04:10.160]  I have years ago since my government told me I had to have a driver's license,
[01:04:10.160 --> 01:04:14.160]  I decided I'd get a driver's license in every state I drove in.
[01:04:14.160 --> 01:04:21.160]  So for 10 years I had driver's licenses in six different states all at the same time.
[01:04:21.160 --> 01:04:24.160]  Now that's a real learning experience, I'll tell you.
[01:04:24.160 --> 01:04:26.160]  I learned a lot from that.
[01:04:26.160 --> 01:04:30.160]  Plus I learned where you get the cheapest rates, the cheapest registration of your cars,
[01:04:30.160 --> 01:04:33.160]  the cheapest insurance, and how it works.
[01:04:33.160 --> 01:04:41.160]  Anyway, I had insurance with Farm Bureau on a dirt road in the backwoods of Arkansas.
[01:04:41.160 --> 01:04:44.160]  Then I moved to Texas.
[01:04:44.160 --> 01:04:49.160]  Since I started to use a Texas private postal box address,
[01:04:49.160 --> 01:04:55.160]  Farm Bureau told me that I would have to get a driver's license in Texas.
[01:04:55.160 --> 01:05:00.160]  I told them five years ago, no, I'm not going to be getting a driver's license in Texas
[01:05:00.160 --> 01:05:03.160]  because I don't drive in Texas.
[01:05:03.160 --> 01:05:05.160]  Then they said, oh, well, you have to.
[01:05:05.160 --> 01:05:08.160]  Well, this goes on for five years.
[01:05:08.160 --> 01:05:15.160]  I never had an accident, never had a claim, and then all of a sudden,
[01:05:15.160 --> 01:05:21.160]  last month or two months ago, they canceled my insurance out with no claim
[01:05:21.160 --> 01:05:24.160]  because I wouldn't get a Texas driver's license.
[01:05:24.160 --> 01:05:30.160]  Now I wrote them a letter and told them that they had just defrauded me out of all the money
[01:05:30.160 --> 01:05:35.160]  I'd spent with them, and I demanded all the money back that I'd put into their company
[01:05:35.160 --> 01:05:40.160]  because I'm sure they went to their actual tables or whatever and figured out
[01:05:40.160 --> 01:05:43.160]  it must be beginning time for a claim, so let's cancel this guy out
[01:05:43.160 --> 01:05:46.160]  and call all the money he spent pure profit.
[01:05:46.160 --> 01:05:53.160]  Now then, my question is, I would like to cost them all the profit that they took from me
[01:05:53.160 --> 01:05:57.160]  for canceling me with no reason.
[01:05:57.160 --> 01:05:59.160]  What do you think?
[01:05:59.160 --> 01:06:01.160]  What's a good way to do it?
[01:06:01.160 --> 01:06:04.160]  What kind of recourse do I have against these guys?
[01:06:04.160 --> 01:06:07.160]  Well, the first thing is, is on the address portion,
[01:06:07.160 --> 01:06:11.160]  under what claim are they saying that's your permanent address?
[01:06:11.160 --> 01:06:17.160]  Just because you're using it for delivery of mail does not make it the address of your abode.
[01:06:17.160 --> 01:06:23.160]  Unless they have cause to show or prove that that is your abode address,
[01:06:23.160 --> 01:06:28.160]  then they have no cause to demand that you change the state in which your driver's license is held.
[01:06:28.160 --> 01:06:32.160]  That's the first issue problem.
[01:06:32.160 --> 01:06:37.160]  If you can actually show you're living somewhere else, they can't make you get a Texas license
[01:06:37.160 --> 01:06:42.160]  just because you want your certificate sent there or your mail sent there.
[01:06:42.160 --> 01:06:48.160]  What I'm concerned with is what duty does the insurance company have
[01:06:48.160 --> 01:06:57.160]  to do business with you or to do business with you in any certain way?
[01:06:57.160 --> 01:07:06.160]  What gives you a claim on that policy?
[01:07:06.160 --> 01:07:10.160]  I was just thinking of fraud because they wrote the policy.
[01:07:10.160 --> 01:07:15.160]  Let me take it a step further and answer Eddie's question about address.
[01:07:15.160 --> 01:07:19.160]  After I sent them a certified letter and told them notice of intent to sue,
[01:07:19.160 --> 01:07:23.160]  and I was going to sue them and I demanded all my money back that they had fraudulently taken from me,
[01:07:23.160 --> 01:07:28.160]  they immediately started saying, well, I had to have a driver's license because if I drive in Texas,
[01:07:28.160 --> 01:07:34.160]  and I said I don't, so what they did was to enter motor vehicle records to find where my cars were registered.
[01:07:34.160 --> 01:07:38.160]  Then they came back and said, we can't find any cars registered in Texas.
[01:07:38.160 --> 01:07:41.160]  I said that's because there aren't any.
[01:07:41.160 --> 01:07:47.160]  I told you when I got to Texas that I was here and I was there and I was going to be where I wanted to be
[01:07:47.160 --> 01:07:53.160]  and I have no reason to have insurance in Texas, but you forced it on me.
[01:07:53.160 --> 01:07:58.160]  Then they found out that I registered cars in Louisiana because they were cheaper.
[01:07:58.160 --> 01:08:03.160]  Then they were trying to say that since your cars aren't registered in Texas,
[01:08:03.160 --> 01:08:08.160]  then we can't insure you, period, but if you were driving in Texas,
[01:08:08.160 --> 01:08:13.160]  you had to have a Texas driver's license and that's kind of where it broke down.
[01:08:13.160 --> 01:08:15.160]  Well, that on its face is a lie.
[01:08:15.160 --> 01:08:19.160]  Any state driver's license is valid in Texas.
[01:08:19.160 --> 01:08:25.160]  That's what I told them.
[01:08:25.160 --> 01:08:28.160]  But now here is one problem you will have.
[01:08:28.160 --> 01:08:34.160]  If the states in which you have licenses ever find out you're carrying multiple licenses,
[01:08:34.160 --> 01:08:38.160]  you're going to be in a heap of trouble.
[01:08:38.160 --> 01:08:41.160]  No, I've fought that battle before already.
[01:08:41.160 --> 01:08:47.160]  I just don't want to live in all the states and they can't prove differently, so they have me alone.
[01:08:47.160 --> 01:08:52.160]  Well, the problem is if most of them are written like they are here in Texas,
[01:08:52.160 --> 01:08:56.160]  Texas specifically forbids you to carry a license in another state
[01:08:56.160 --> 01:09:00.160]  and I'm pretty sure most of the other states do as well.
[01:09:00.160 --> 01:09:07.160]  Well, they do and after 9-11, what happened was all the driver's license bureau
[01:09:07.160 --> 01:09:12.160]  of nearly all the states started tying into the Social Security Administration
[01:09:12.160 --> 01:09:19.160]  and then all of the states found out that I did not give them a Social Security number, a valid one anyway.
[01:09:19.160 --> 01:09:23.160]  And so as I would go back one at a time to renew my license, they would say,
[01:09:23.160 --> 01:09:27.160]  hey, your Social Security number doesn't come up and match this thing.
[01:09:27.160 --> 01:09:31.160]  You need to take this letter down to Social Security Administration and get them to verify this is your number.
[01:09:31.160 --> 01:09:35.160]  Well, that one went in the trash and that was another license out the door.
[01:09:35.160 --> 01:09:39.160]  So slowly I've lost nearly all of those.
[01:09:39.160 --> 01:09:42.160]  So since then I went to Grand Cayman Islands and got one.
[01:09:42.160 --> 01:09:44.160]  That's what I drive on now.
[01:09:44.160 --> 01:09:48.160]  But you're right on the license issue.
[01:09:48.160 --> 01:09:53.160]  So when they went to tie in Social Security numbers to it, you know, it went to pot
[01:09:53.160 --> 01:09:56.160]  and I won't have a license that has a Social Security number attached to it.
[01:09:56.160 --> 01:09:57.160]  Right.
[01:09:57.160 --> 01:10:07.160]  That's the whole reason why I won't get one reissued ever anyway even if I did have to have one.
[01:10:07.160 --> 01:10:08.160]  Okay.
[01:10:08.160 --> 01:10:10.160]  Any other comments or questions?
[01:10:10.160 --> 01:10:13.160]  About suing them for fraud or something like that,
[01:10:13.160 --> 01:10:17.160]  for taking all my money all these years and canceling them for no reason.
[01:10:17.160 --> 01:10:21.160]  They knew I didn't have a license when I got here and they knew I didn't have any cards registered in Texas,
[01:10:21.160 --> 01:10:25.160]  but they took my money for five years and then canceled me for no reason.
[01:10:25.160 --> 01:10:31.160]  Well, I'm afraid they probably can't.
[01:10:31.160 --> 01:10:35.160]  They don't have to insure anyone.
[01:10:35.160 --> 01:10:43.160]  And the fact that they took your money, they provided the insurance while they were taking the money.
[01:10:43.160 --> 01:10:47.160]  And once the time ran out, the value of the payment ran out,
[01:10:47.160 --> 01:10:52.160]  so they fulfilled the contract even though they didn't have to do anything.
[01:10:52.160 --> 01:10:56.160]  I don't know why you have a claim against them.
[01:10:56.160 --> 01:11:00.160]  So if I filed a lawsuit and claimed fraud,
[01:11:00.160 --> 01:11:03.160]  how soon would they be able to throw that out for a failed state of claim?
[01:11:03.160 --> 01:11:04.160]  Pretty quick?
[01:11:04.160 --> 01:11:08.160]  Yeah, probably real quick, Rule 12 repeated, dropped.
[01:11:08.160 --> 01:11:11.160]  So I couldn't cost them very much money that way.
[01:11:11.160 --> 01:11:12.160]  No.
[01:11:12.160 --> 01:11:15.160]  Your filing fee would probably be more than a year's worth of insurance.
[01:11:15.160 --> 01:11:17.160]  Oh, no, I don't pay filing fees.
[01:11:17.160 --> 01:11:18.160]  I'm indigent.
[01:11:18.160 --> 01:11:23.160]  I always use the affidavit of inability to pay on anything I do.
[01:11:23.160 --> 01:11:25.160]  Well, that makes it easy.
[01:11:25.160 --> 01:11:35.160]  But if you file too many, then they'll hit you with a vexatious litigant,
[01:11:35.160 --> 01:11:39.160]  and then you have to get their permission.
[01:11:39.160 --> 01:11:41.160]  I have that problem at this point.
[01:11:41.160 --> 01:11:46.160]  That's why I was thinking it out before I did anything, if I do anything.
[01:11:46.160 --> 01:11:48.160]  That's just the industry topic for you.
[01:11:48.160 --> 01:11:54.160]  I can't see where the insurance company has any compulsion
[01:11:54.160 --> 01:11:59.160]  or they're in any way compelled to do business with you.
[01:11:59.160 --> 01:12:06.160]  All right, now, I went down to Buda to get an inspection sticker,
[01:12:06.160 --> 01:12:11.160]  and they denied me because I didn't have the current insurance card.
[01:12:11.160 --> 01:12:13.160]  So that's what generated my first letter.
[01:12:13.160 --> 01:12:15.160]  They said, now I've been damaged.
[01:12:15.160 --> 01:12:17.160]  You guys are damaging.
[01:12:17.160 --> 01:12:20.160]  I think that's probably just blowing smoke.
[01:12:20.160 --> 01:12:27.160]  Did they cancel your insurance that was paid, or did they let it run out and not renew it?
[01:12:27.160 --> 01:12:32.160]  They did not renew it because I didn't get a Texas driver's license.
[01:12:32.160 --> 01:12:38.160]  Okay, well, since they didn't renew it, your insurance ran out of its own accord.
[01:12:38.160 --> 01:12:40.160]  Right.
[01:12:40.160 --> 01:12:43.160]  So I don't think you're going to have a shot at them.
[01:12:43.160 --> 01:12:49.160]  That's the wrong answer.
[01:12:49.160 --> 01:12:53.160]  All right, well, listen, I'll let someone else talk that has another question.
[01:12:53.160 --> 01:12:55.160]  Thank you so much for your time, guys.
[01:12:55.160 --> 01:12:56.160]  Thank you, guys.
[01:12:56.160 --> 01:12:58.160]  All right, thanks, David.
[01:12:58.160 --> 01:13:01.160]  Okay, we've got another caller, Randy from Texas.
[01:13:01.160 --> 01:13:04.160]  Randy, what's on your mind tonight?
[01:13:04.160 --> 01:13:08.160]  Hey, Randy, I wanted to find out if you wanted to get a copy of that motion to dismiss.
[01:13:08.160 --> 01:13:12.160]  I used it a while back.
[01:13:12.160 --> 01:13:15.160]  Oh, what motion?
[01:13:15.160 --> 01:13:17.160]  What are you talking about, Randy?
[01:13:17.160 --> 01:13:20.160]  When we went down to court that one time.
[01:13:20.160 --> 01:13:22.160]  Hey, Randy, we're kind of having a hard time hearing you.
[01:13:22.160 --> 01:13:23.160]  Are you on a speakerphone?
[01:13:23.160 --> 01:13:24.160]  No.
[01:13:24.160 --> 01:13:25.160]  Okay, all right, that's better.
[01:13:25.160 --> 01:13:31.160]  Okay, was this to dismiss the claim against your dog with the pellets in his butt?
[01:13:31.160 --> 01:13:35.160]  This was the one with my mom down there.
[01:13:35.160 --> 01:13:37.160]  Oh, yeah, that one worked.
[01:13:37.160 --> 01:13:41.160]  Boy, they just tossed it right out.
[01:13:41.160 --> 01:13:44.160]  Absolutely.
[01:13:44.160 --> 01:13:48.160]  Okay, are you going to be in town tomorrow?
[01:13:48.160 --> 01:13:49.160]  Yes, I am.
[01:13:49.160 --> 01:13:52.160]  All right, well, if you want to call me, I'll Skype it to you.
[01:13:52.160 --> 01:13:57.160]  Well, hey, Randy, can you tell us just what exactly this motion to dismiss is about?
[01:13:57.160 --> 01:14:01.160]  Is this about a traffic case or a criminal case or what?
[01:14:01.160 --> 01:14:07.160]  In this particular one, it was based on no insurance.
[01:14:07.160 --> 01:14:09.160]  Okay, so it was a traffic case.
[01:14:09.160 --> 01:14:10.160]  Yeah, it was a traffic.
[01:14:10.160 --> 01:14:17.160]  So basically, it's just a special appearance under Rule 120A,
[01:14:17.160 --> 01:14:21.160]  and you just nail them based on the fact that there's no citation.
[01:14:21.160 --> 01:14:22.160]  There's no complaint.
[01:14:22.160 --> 01:14:23.160]  There's no summons.
[01:14:23.160 --> 01:14:29.160]  They just don't follow any of the proper service or process.
[01:14:29.160 --> 01:14:33.160]  Well, yeah, definitely we want to see that motion.
[01:14:33.160 --> 01:14:35.160]  We need to make it available to our listeners.
[01:14:35.160 --> 01:14:36.160]  It works pretty good.
[01:14:36.160 --> 01:14:43.160]  They always seem to just after a while throw it away.
[01:14:43.160 --> 01:14:44.160]  Hello?
[01:14:44.160 --> 01:14:49.160]  Good, and I want to file it myself.
[01:14:49.160 --> 01:14:51.160]  Okay, you still there, Randy?
[01:14:51.160 --> 01:14:54.160]  Yeah, it seemed like I jumped off for a second.
[01:14:54.160 --> 01:14:56.160]  I didn't hear what you said.
[01:14:56.160 --> 01:15:04.160]  That's just because Deborah keeps the signal so clear there's no background noise.
[01:15:04.160 --> 01:15:05.160]  Impressive.
[01:15:05.160 --> 01:15:10.160]  Okay, any other comments or questions?
[01:15:10.160 --> 01:15:11.160]  No, I just wanted to keep you.
[01:15:11.160 --> 01:15:16.160]  I know I'd send it to you, but I figured you'd lost it, so I'd get it back to you.
[01:15:16.160 --> 01:15:17.160]  Okay, thank you.
[01:15:17.160 --> 01:15:19.160]  Maybe I could talk about it.
[01:15:19.160 --> 01:15:21.160]  It's pretty good when it works pretty well.
[01:15:21.160 --> 01:15:22.160]  Okay.
[01:15:22.160 --> 01:15:24.160]  Well, hey, Randy, if you don't mind, email a copy of it to me,
[01:15:24.160 --> 01:15:27.160]  and I'll see if there's any way to integrate it in the other material.
[01:15:27.160 --> 01:15:28.160]  Okay, good.
[01:15:28.160 --> 01:15:31.160]  Yeah, I'll do it.
[01:15:31.160 --> 01:15:37.160]  Okay, now we're going to go to Joyce from New Jersey.
[01:15:37.160 --> 01:15:38.160]  Hello, Joyce.
[01:15:38.160 --> 01:15:42.160]  Hi, Deborah.
[01:15:42.160 --> 01:15:46.160]  I'm calling about the foreclosure issue.
[01:15:46.160 --> 01:15:47.160]  Oh, okay.
[01:15:47.160 --> 01:15:56.160]  We're getting a lot of depositions and we seem to be getting some exposure.
[01:15:56.160 --> 01:16:01.160]  We have a judge in New York that actually did a press conference
[01:16:01.160 --> 01:16:10.160]  and getting a lot of stuff, but then we got notice that Bank of America has decided
[01:16:10.160 --> 01:16:17.160]  that they're going to reissue affidavits for 27 states.
[01:16:17.160 --> 01:16:24.160]  So it's like, you know, 10 steps forward, 20 steps back.
[01:16:24.160 --> 01:16:25.160]  Wait a minute.
[01:16:25.160 --> 01:16:26.160]  Wait a minute.
[01:16:26.160 --> 01:16:29.160]  I don't know what you're talking about.
[01:16:29.160 --> 01:16:32.160]  What is Bank of America issuing?
[01:16:32.160 --> 01:16:33.160]  They're issuing.
[01:16:33.160 --> 01:16:35.160]  I want to tell you exactly the way it was told.
[01:16:35.160 --> 01:16:37.160]  Okay, wait, wait, wait.
[01:16:37.160 --> 01:16:41.160]  The music's coming up, we're going to go to break here, but hang on,
[01:16:41.160 --> 01:16:43.160]  we'll pick that up on the other side.
[01:16:43.160 --> 01:16:47.160]  This is Randy Kelton, Deborah Stevens, Eddie Craig,
[01:16:47.160 --> 01:17:00.160]  we'll be right back on the other side and the phone lines are open.
[01:17:00.160 --> 01:17:03.160]  It is so enlightening to listen to 90.1 FM,
[01:17:03.160 --> 01:17:06.160]  but finding things on the Internet isn't so easy,
[01:17:06.160 --> 01:17:09.160]  and neither is finding like-minded people to share it with.
[01:17:09.160 --> 01:17:12.160]  Oh, well, I guess you haven't heard of Brave New Books, then.
[01:17:12.160 --> 01:17:13.160]  Brave New Books?
[01:17:13.160 --> 01:17:16.160]  Yes, Brave New Books has all the books and DVDs you're looking for
[01:17:16.160 --> 01:17:20.160]  by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[01:17:20.160 --> 01:17:24.160]  They even stock inner food, Berkey products, and Calvin Soaps.
[01:17:24.160 --> 01:17:26.160]  There's no way a place like that exists.
[01:17:26.160 --> 01:17:28.160]  Go check it out for yourself.
[01:17:28.160 --> 01:17:32.160]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:17:32.160 --> 01:17:35.160]  By UT, there's never anywhere to park down there.
[01:17:35.160 --> 01:17:38.160]  Actually, they now offer a free hour of parking
[01:17:38.160 --> 01:17:41.160]  for paying customers at the 500 MLK parking facility,
[01:17:41.160 --> 01:17:43.160]  just behind the bookstore.
[01:17:43.160 --> 01:17:46.160]  It does exist, but when are they open?
[01:17:46.160 --> 01:17:51.160]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[01:17:51.160 --> 01:17:55.160]  So give them a call at 512-480-2503,
[01:17:55.160 --> 01:18:01.160]  or check out their events page at bravenewbookstore.com.
[01:18:01.160 --> 01:18:05.160]  Capital Coin and Bullion is your local source for rare coins,
[01:18:05.160 --> 01:18:09.160]  precious metals, and coin supplies in the Austin metro area.
[01:18:09.160 --> 01:18:11.160]  We also ship worldwide.
[01:18:11.160 --> 01:18:13.160]  We are a family-owned and operated business
[01:18:13.160 --> 01:18:16.160]  that offers competitive prices on your coin and metals purchases.
[01:18:16.160 --> 01:18:21.160]  We buy, sell, trade, and consign rare coins, gold and silver coin collections,
[01:18:21.160 --> 01:18:23.160]  precious metals, and scrap gold.
[01:18:23.160 --> 01:18:27.160]  We will purchase and sell gold and jewelry items, as well.
[01:18:27.160 --> 01:18:30.160]  We offer daily specials on coins and bullions.
[01:18:30.160 --> 01:18:34.160]  We're located at 5448 Barnett Road, Suite 3,
[01:18:34.160 --> 01:18:40.160]  and we're open Monday through Friday, 10 AM to 6 PM, Saturdays, 10 AM to 5 PM.
[01:18:40.160 --> 01:18:43.160]  You are welcome to stop in our shop during regular business hours
[01:18:43.160 --> 01:18:48.160]  or call 512-646-6440 with any questions.
[01:18:48.160 --> 01:18:53.160]  Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM.
[01:18:53.160 --> 01:19:00.160]  That's Capital Coin and Bullion, 512-646-6440.
[01:19:00.160 --> 01:19:26.160]  Okay, this is Randy Kelton, Deputy Chief of Daddy Craig, Rule of Law Radio.
[01:19:26.160 --> 01:19:31.160]  We went out, we were talking to Joyce in New Jersey.
[01:19:31.160 --> 01:19:35.160]  Okay, you want to explain to us what it was you were talking about?
[01:19:35.160 --> 01:19:40.160]  I didn't understand all of the references that you were making.
[01:19:40.160 --> 01:19:47.160]  We stay close to the network nationwide as to what's going on in all the states,
[01:19:47.160 --> 01:19:53.160]  trying to get feedback from as many people as possible through various means.
[01:19:53.160 --> 01:19:59.160]  And a lot of people send me stuff knowing that I've been in the trenches on this for about seven years.
[01:19:59.160 --> 01:20:02.160]  So, you know, I mean, they're calling it foreclosure date.
[01:20:02.160 --> 01:20:06.160]  We're getting depositions now from people that have left the mortgage industry
[01:20:06.160 --> 01:20:12.160]  explaining to us how they had one notary for an entire floor of these foreclosure mills,
[01:20:12.160 --> 01:20:17.160]  and now they just signed stacks and stacks of these assignments,
[01:20:17.160 --> 01:20:20.160]  never knowing what the heck they were signing.
[01:20:20.160 --> 01:20:23.160]  Or, you know, just it was their job to sign all these papers.
[01:20:23.160 --> 01:20:26.160]  It was somebody else's job to put a notary stamp on all these papers.
[01:20:26.160 --> 01:20:32.160]  I mean, there's a whole stack of things like that.
[01:20:32.160 --> 01:20:38.160]  Yeah, well, I mean, but we're getting actual depositions where these people explained how this happened.
[01:20:38.160 --> 01:20:43.160]  And some people actually left their positions because they didn't want to be a part of it anymore
[01:20:43.160 --> 01:20:48.160]  when they realized what they were doing was so criminal.
[01:20:48.160 --> 01:20:51.160]  But they really did. I don't think they knew.
[01:20:51.160 --> 01:20:53.160]  I think it was their job, you know.
[01:20:53.160 --> 01:21:01.160]  And I don't really think they knew that what they were doing was pretty long or fraudulent.
[01:21:01.160 --> 01:21:04.160]  You know, it was just a part of their job that they had to do.
[01:21:04.160 --> 01:21:07.160]  And they did it like a robot.
[01:21:07.160 --> 01:21:09.160]  They didn't even know what the heck they were doing.
[01:21:09.160 --> 01:21:13.160]  Anyway, that being said, you know, some people have a conscience
[01:21:13.160 --> 01:21:16.160]  and they don't want to be a part of it anymore once they realize what they were doing.
[01:21:16.160 --> 01:21:19.160]  And my hat's off to those people.
[01:21:19.160 --> 01:21:25.160]  So then we have, you know, what we were working on is a moratorium in all the states for foreclosures.
[01:21:25.160 --> 01:21:27.160]  And we were doing good, you know.
[01:21:27.160 --> 01:21:29.160]  We've got a lot of things.
[01:21:29.160 --> 01:21:38.160]  But yeah, now we'll look at all the foreclosures and, you know, we'll straighten out the paperwork,
[01:21:38.160 --> 01:21:41.160]  which could take them well past doomsday.
[01:21:41.160 --> 01:21:46.160]  And then they'll figure out what Plan B is.
[01:21:46.160 --> 01:21:53.160]  Well, apparently Bank of America has decided that Plan B is their affidavit.
[01:21:53.160 --> 01:21:54.160]  They're all straightened out now.
[01:21:54.160 --> 01:22:00.160]  In these 27 states, they're reissuing foreclosures.
[01:22:00.160 --> 01:22:03.160]  And the good news is Texas is not on the list.
[01:22:03.160 --> 01:22:11.160]  But we have Connecticut, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky,
[01:22:11.160 --> 01:22:19.160]  Louisiana, Maine, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota,
[01:22:19.160 --> 01:22:28.160]  Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Vermont, and Wisconsin is on the list.
[01:22:28.160 --> 01:22:33.160]  Now, I said to them, what exactly does this mean?
[01:22:33.160 --> 01:22:42.160]  And this is somebody else who's been petitioning attorney generals and the like just to bring awareness to the issue.
[01:22:42.160 --> 01:22:49.160]  And he says, they're cleaning up their affidavits and trying to get people to repurchase these mortgages.
[01:22:49.160 --> 01:22:51.160]  I know it's weird.
[01:22:51.160 --> 01:22:52.160]  Okay.
[01:22:52.160 --> 01:23:06.160]  It's similar to a modification, except that they've apparently done whatever it was they had to do to get the attorney generals off their back.
[01:23:06.160 --> 01:23:12.160]  Wait, what was the attorney general's claim concerning the paperwork?
[01:23:12.160 --> 01:23:15.160]  Consumer fraud.
[01:23:15.160 --> 01:23:17.160]  I mean, how?
[01:23:17.160 --> 01:23:19.160]  What was the nature of the claim of consumer fraud?
[01:23:19.160 --> 01:23:23.160]  Fragile assignments.
[01:23:23.160 --> 01:23:28.160]  They have no clear chain of custody for the note.
[01:23:28.160 --> 01:23:29.160]  There we go.
[01:23:29.160 --> 01:23:32.160]  So they're saying that they fixed the chain of custody?
[01:23:32.160 --> 01:23:33.160]  That's what they're saying.
[01:23:33.160 --> 01:23:35.160]  They did that already.
[01:23:35.160 --> 01:23:42.160]  So last week, we got a moratorium on foreclosures, and they're going to straighten out all this paperwork because they're calling it foreclosure gate.
[01:23:42.160 --> 01:23:45.160]  I mean, it's going to be a real big thing nationwide.
[01:23:45.160 --> 01:23:48.160]  We actually started to get press.
[01:23:48.160 --> 01:23:49.160]  I mean, we got the New York Times.
[01:23:49.160 --> 01:23:50.160]  We got the Washington Post.
[01:23:50.160 --> 01:23:55.160]  We had a judge do a Fox News report video.
[01:23:55.160 --> 01:23:58.160]  And that was real encouraging.
[01:23:58.160 --> 01:24:05.160]  So, you know, all the banks are getting nervous, and they're getting scared, and all these foreclosure bills decided they're going to crawl under another rock.
[01:24:05.160 --> 01:24:15.160]  And excuse me if I sound less than cordial about these people, but that's how I feel about them.
[01:24:15.160 --> 01:24:20.160]  The more I learn, the more ugly the whole thing is.
[01:24:20.160 --> 01:24:27.160]  The other thing, you know, there's a hit out on my life, and somebody's actually paid to kill me.
[01:24:27.160 --> 01:24:36.160]  And I think it's partly because I'm so outspoken about a lot of these things, but that being as it may, as it is.
[01:24:36.160 --> 01:24:41.160]  The other issue, we knew the state courts were somehow in collusion.
[01:24:41.160 --> 01:24:45.160]  We knew that they were ignoring fraud on the court for some reason.
[01:24:45.160 --> 01:24:50.160]  Turns out, part of the pension funds of the judges is in the remics.
[01:24:50.160 --> 01:24:53.160]  And you and I talked about this a year ago, Randy.
[01:24:53.160 --> 01:24:54.160]  Yes.
[01:24:54.160 --> 01:24:56.160]  You said if there's a paper trail, you'll find it.
[01:24:56.160 --> 01:24:59.160]  Well, I think that may be worth that.
[01:24:59.160 --> 01:25:01.160]  You know, they're invested in the prison box.
[01:25:01.160 --> 01:25:02.160]  We knew that.
[01:25:02.160 --> 01:25:06.160]  But they're also invested in the remics.
[01:25:06.160 --> 01:25:12.160]  And now the remics are falling apart and the judges are losing a good portion of their pension.
[01:25:12.160 --> 01:25:16.160]  It's about time for them to get upset.
[01:25:16.160 --> 01:25:20.160]  Oh, they've been upset with people like me.
[01:25:20.160 --> 01:25:27.160]  Well, it's about time that they're likely to start getting upset at the lender because they're the ones that did this to them.
[01:25:27.160 --> 01:25:33.160]  I would expect they're beginning to figure out that they got sucked in.
[01:25:33.160 --> 01:25:37.160]  Because if they haven't figured it out yet, then they're not paying attention.
[01:25:37.160 --> 01:25:44.160]  Which is all the more reason why they should be on the consumer side and not the banks.
[01:25:44.160 --> 01:25:45.160]  I agree.
[01:25:45.160 --> 01:25:52.160]  And what we need to do is simply get the judges' attention.
[01:25:52.160 --> 01:25:54.160]  And I have a way to do that.
[01:25:54.160 --> 01:25:58.160]  It's kind of like my dad sold his next door neighbor's best mule.
[01:25:58.160 --> 01:26:00.160]  I told him, this is a great mule.
[01:26:00.160 --> 01:26:01.160]  You've got to treat it nice.
[01:26:01.160 --> 01:26:03.160]  Treat it good and it'll work for you.
[01:26:03.160 --> 01:26:06.160]  Well, the first day he couldn't get the mule to move, so he called my dad over.
[01:26:06.160 --> 01:26:11.160]  And my dad went over and picked up the two before and whacked him upside the head with it.
[01:26:11.160 --> 01:26:13.160]  And he said, I thought you were supposed to treat it nice.
[01:26:13.160 --> 01:26:14.160]  It's not hurt that mule.
[01:26:14.160 --> 01:26:16.160]  Oh, we ain't hurt it.
[01:26:16.160 --> 01:26:19.160]  Let's just get his attention.
[01:26:19.160 --> 01:26:22.160]  We need to get these courts' attention.
[01:26:22.160 --> 01:26:32.160]  When we start going after the judge criminally for failing to abide by a ministerial duty
[01:26:32.160 --> 01:26:40.160]  to apply the law to the facts and that violating its duty of his office
[01:26:40.160 --> 01:26:46.160]  and denying you in the full free access to your enjoyment of right, we go after him criminally.
[01:26:46.160 --> 01:26:50.160]  Public official fails to perform a duty he's required to perform and in the process
[01:26:50.160 --> 01:26:53.160]  denies a citizen full free access to enjoyment of right.
[01:26:53.160 --> 01:26:55.160]  That is a crime.
[01:26:55.160 --> 01:26:59.160]  The judge has a duty to apply the law to the facts.
[01:26:59.160 --> 01:27:03.160]  If he fails to do that, I warn him in front of a grand jury.
[01:27:03.160 --> 01:27:08.160]  I go down there and wave and hear complaints in front of the grand jury
[01:27:08.160 --> 01:27:12.160]  and jump up down and wail in righteous indignation.
[01:27:12.160 --> 01:27:14.160]  We get these judges to change their behavior.
[01:27:14.160 --> 01:27:19.160]  Well, that's why we perform grand juries in every state, independent of the de facto,
[01:27:19.160 --> 01:27:23.160]  because we can't, I can't get to the grand jury in this county.
[01:27:23.160 --> 01:27:27.160]  It's blocked from the public by court rules.
[01:27:27.160 --> 01:27:32.160]  And they would lock me up and I'd never see a lighter day again if I even tried.
[01:27:32.160 --> 01:27:33.160]  Wait a minute, wait a minute.
[01:27:33.160 --> 01:27:35.160]  I mailed them something, certified mail.
[01:27:35.160 --> 01:27:37.160]  They sent it back to me and said it wasn't filed into the court.
[01:27:37.160 --> 01:27:39.160]  I filed it into the court every year ago.
[01:27:39.160 --> 01:27:44.160]  I haven't yet to see any indication.
[01:27:44.160 --> 01:27:47.160]  Wait, stop, stop.
[01:27:47.160 --> 01:28:00.160]  What specific rule blocks you from notifying a grand jury member that a crime has been committed?
[01:28:00.160 --> 01:28:06.160]  The only people who can do that is the prosecutor's office and they file a chief judge.
[01:28:06.160 --> 01:28:08.160]  Where is that in law?
[01:28:08.160 --> 01:28:11.160]  It's not, it's their own law.
[01:28:11.160 --> 01:28:13.160]  It is not law.
[01:28:13.160 --> 01:28:15.160]  They say that in Texas, too.
[01:28:15.160 --> 01:28:17.160]  They say the same thing.
[01:28:17.160 --> 01:28:18.160]  And I know that.
[01:28:18.160 --> 01:28:26.160]  What does it say in the Constitution about grand juries and then what does it say in the statutes regarding the duties of grand juries?
[01:28:26.160 --> 01:28:33.160]  If those statutes dealing with the specifics of a grand jury specify that any credible person may present,
[01:28:33.160 --> 01:28:37.160]  then the local rules cannot abrogate that.
[01:28:37.160 --> 01:28:40.160]  I have been psychologically evaluated three times.
[01:28:40.160 --> 01:28:41.160]  They decide that you're not credible.
[01:28:41.160 --> 01:28:42.160]  Stop, stop.
[01:28:42.160 --> 01:28:45.160]  Did I get into that idea?
[01:28:45.160 --> 01:28:49.160]  Wait, what does that have to do with a grand jury?
[01:28:49.160 --> 01:28:55.160]  Randy, I don't know about Texas.
[01:28:55.160 --> 01:28:58.160]  You're saying that it's hard in your state.
[01:28:58.160 --> 01:29:00.160]  You think it's not hard in my state?
[01:29:00.160 --> 01:29:07.160]  No, I'm not telling you that I know anything about the way things go in Texas.
[01:29:07.160 --> 01:29:14.160]  I am telling you the reality of the county that I'm in.
[01:29:14.160 --> 01:29:19.160]  And I suspect that it's not much different in a lot of counties around the country.
[01:29:19.160 --> 01:29:22.160]  Well, how do they stop you from going to a grand jury?
[01:29:22.160 --> 01:29:23.160]  We have those counties that are better than others.
[01:29:23.160 --> 01:29:26.160]  I'm sure we do.
[01:29:26.160 --> 01:29:35.160]  But I have tried many times to get to the grand jury, and it's blocked from the citizen for my core rules.
[01:29:35.160 --> 01:29:38.160]  And every state has one.
[01:29:38.160 --> 01:29:43.160]  Okay, listen, we've got Noor in Texas who's been holding for almost a half an hour.
[01:29:43.160 --> 01:29:45.160]  So Joyce, if you'd like to hold for a little while,
[01:29:45.160 --> 01:29:47.160]  I'd like to go to Noor when we get back on the other side,
[01:29:47.160 --> 01:29:49.160]  just so we can show some respect for the other callers.
[01:29:49.160 --> 01:29:50.160]  That's fine.
[01:29:50.160 --> 01:29:51.160]  Okay, great, thanks.
[01:29:51.160 --> 01:29:54.160]  When we get back, we're going to go to Noor in Texas.
[01:29:54.160 --> 01:29:56.160]  This is the rule of law.
[01:29:56.160 --> 01:30:00.160]  Randy, Deborah, and Eddie, we'll be right back.
[01:30:00.160 --> 01:30:03.160]  Christ fed them multitudes with only one loaf of bread.
[01:30:03.160 --> 01:30:06.160]  Poor people, there's something for you.
[01:30:06.160 --> 01:30:10.160]  Austin's Own Caribbean, One Love Kitchen, on the banks of Colorado River.
[01:30:10.160 --> 01:30:14.160]  At 3109 East 1st Street is where you'll find One Love Kitchen.
[01:30:14.160 --> 01:30:19.160]  Jerk chicken, vegetarian restaurant, Monday through Wednesday, lunch and dinner, $5.
[01:30:19.160 --> 01:30:24.160]  Friday and Saturday, we've got Late Night with Emperor Sound Crew, still $5 late.
[01:30:24.160 --> 01:30:30.160]  Jerk chicken and vegetarian place to beat One Love Kitchen, Austin, Texas.
[01:30:30.160 --> 01:30:35.160]  Should digital e-readers like Kindles, iBooks, and Nooks replace real books?
[01:30:35.160 --> 01:30:37.160]  I'm Dr. Catherine Albrecht, and I'll be right back to explain
[01:30:37.160 --> 01:30:42.160]  how replacing pages with zeros and ones may have a privacy dark side.
[01:30:42.160 --> 01:30:46.160]  Your search engine is watching you, recording all your searches
[01:30:46.160 --> 01:30:50.160]  and creating a massive database of your personal information.
[01:30:50.160 --> 01:30:51.160]  That's creepy.
[01:30:51.160 --> 01:30:53.160]  But it doesn't have to be that way.
[01:30:53.160 --> 01:30:56.160]  Startpage.com is the world's most private search engine.
[01:30:56.160 --> 01:30:58.160]  Startpage doesn't store your IP address,
[01:30:58.160 --> 01:31:00.160]  make a record of your searches or use tracking cookies,
[01:31:00.160 --> 01:31:02.160]  and they're third-party certified.
[01:31:02.160 --> 01:31:06.160]  If you don't like Big Brother spying on you, start over with Startpage.
[01:31:06.160 --> 01:31:09.160]  Great search results and total privacy.
[01:31:09.160 --> 01:31:12.160]  Startpage.com, the world's most private search engine.
[01:31:12.160 --> 01:31:17.160]  The Amazon Kindle offers portability and convenience, but at a high cost to your privacy.
[01:31:17.160 --> 01:31:21.160]  See, when you use a Kindle, Amazon tracks everything you read
[01:31:21.160 --> 01:31:24.160]  and even records which passages you highlight.
[01:31:24.160 --> 01:31:26.160]  The government finds these records very interesting
[01:31:26.160 --> 01:31:30.160]  and has sought the identities of thousands of people who have bought books through Amazon.
[01:31:30.160 --> 01:31:33.160]  Your e-books can also vanish down the memory hole.
[01:31:33.160 --> 01:31:37.160]  Kindle owners learned this the hard way when Amazon remotely deleted their copies
[01:31:37.160 --> 01:31:41.160]  of George Orwell's 1984 over a copyright dispute.
[01:31:41.160 --> 01:31:43.160]  Ah, the irony.
[01:31:43.160 --> 01:31:46.160]  So next time you want to lose yourself in a good old-fashioned book, make a paper.
[01:31:46.160 --> 01:31:50.160]  Nobody's watching, and your book will still be there in the morning.
[01:31:50.160 --> 01:31:51.160]  I'm Dr. Catherine Albrecht.
[01:31:51.160 --> 01:32:01.160]  More news and information at CatherineAlbrecht.com.
[01:32:21.160 --> 01:32:42.160]  Okay, folks, we're back.
[01:32:42.160 --> 01:32:44.160]  We're taking your calls.
[01:32:44.160 --> 01:32:47.160]  We've got Noor in Texas.
[01:32:47.160 --> 01:32:48.160]  Noor, thanks for calling in.
[01:32:48.160 --> 01:32:51.160]  What's your question for us tonight?
[01:32:51.160 --> 01:32:54.160]  Oh, thank you for letting me in.
[01:32:54.160 --> 01:32:58.160]  And thank you also for giving advice.
[01:32:58.160 --> 01:33:04.160]  So what I'm looking at is my asshole, a ticket, a traffic ticket.
[01:33:04.160 --> 01:33:09.160]  And I think that I've been deprived from my morality
[01:33:09.160 --> 01:33:13.160]  because I was never told why I was stopped.
[01:33:13.160 --> 01:33:18.160]  So is there any way that I can prove that in the system?
[01:33:18.160 --> 01:33:21.160]  Okay, well, they issued you a ticket, right?
[01:33:21.160 --> 01:33:22.160]  Yes.
[01:33:22.160 --> 01:33:25.160]  What's written on the ticket?
[01:33:25.160 --> 01:33:28.160]  It's written on speeding.
[01:33:28.160 --> 01:33:34.160]  Okay, so what they told you they stopped you for was speeding?
[01:33:34.160 --> 01:33:37.160]  Not they didn't tell me, but it's written on the ticket.
[01:33:37.160 --> 01:33:41.160]  The officer just pulled me over without knowing the reason.
[01:33:41.160 --> 01:33:45.160]  And he just asked me to have a letter on his shoulders.
[01:33:45.160 --> 01:33:47.160]  Did you ask him why he pulled you over?
[01:33:47.160 --> 01:33:51.160]  He did not tell me why did he stop me.
[01:33:51.160 --> 01:33:53.160]  But did you ask him is what I'm asking.
[01:33:53.160 --> 01:33:56.160]  Oh, no.
[01:33:56.160 --> 01:33:58.160]  Okay.
[01:33:58.160 --> 01:34:04.160]  Well, the problem is he's not required to tell you anything.
[01:34:04.160 --> 01:34:06.160]  He's writing the ticket.
[01:34:06.160 --> 01:34:10.160]  Now, it all depends on whether he's placed you under arrest for an offense
[01:34:10.160 --> 01:34:14.160]  or he's conducting his investigation of an offense.
[01:34:14.160 --> 01:34:18.160]  But the problem they don't seem to realize is in Texas,
[01:34:18.160 --> 01:34:22.160]  the moment they turn those lights on and initiate that traffic stop,
[01:34:22.160 --> 01:34:25.160]  you're under custodial arrest.
[01:34:25.160 --> 01:34:30.160]  So he didn't tell you why he stopped you except by writing it on the ticket.
[01:34:30.160 --> 01:34:34.160]  He also did not read you your rights before he asked you to provide him with
[01:34:34.160 --> 01:34:36.160]  information that could be used against you,
[01:34:36.160 --> 01:34:41.160]  such as your license registration and proof of insurance.
[01:34:41.160 --> 01:34:43.160]  Okay.
[01:34:43.160 --> 01:34:48.160]  So these are points I'm working on right now to present to the legislature on
[01:34:48.160 --> 01:34:57.160]  this is exactly how your traffic laws violate due process.
[01:34:57.160 --> 01:35:05.160]  But as far as being able to go after him simply because he didn't say anything,
[01:35:05.160 --> 01:35:09.160]  other than the due process violations in and of themselves,
[01:35:09.160 --> 01:35:12.160]  there's nothing he's required to say.
[01:35:12.160 --> 01:35:14.160]  Okay.
[01:35:14.160 --> 01:35:16.160]  So another one.
[01:35:16.160 --> 01:35:22.160]  Now, the other question is, as far as the speeding ticket goes, where were you?
[01:35:22.160 --> 01:35:26.160]  I was on...
[01:35:26.160 --> 01:35:29.160]  Well, I mean, were you in town, on the loop, in a school zone?
[01:35:29.160 --> 01:35:30.160]  Where were you?
[01:35:30.160 --> 01:35:31.160]  I was in town.
[01:35:31.160 --> 01:35:35.160]  I was about a mile east of...
[01:35:35.160 --> 01:35:37.160]  I was at a five.
[01:35:37.160 --> 01:35:38.160]  Okay.
[01:35:38.160 --> 01:35:42.160]  And the alleged speed limit there is what?
[01:35:42.160 --> 01:35:44.160]  It's 45.
[01:35:44.160 --> 01:35:46.160]  And he wrote you a citation for what?
[01:35:46.160 --> 01:35:48.160]  55.
[01:35:48.160 --> 01:35:49.160]  For 55.
[01:35:49.160 --> 01:35:51.160]  Did you cause an accident?
[01:35:51.160 --> 01:35:52.160]  No.
[01:35:52.160 --> 01:35:54.160]  Did you have an accident?
[01:35:54.160 --> 01:35:55.160]  No.
[01:35:55.160 --> 01:35:57.160]  Did you run over any property?
[01:35:57.160 --> 01:35:59.160]  No.
[01:35:59.160 --> 01:36:02.160]  Did you cause anybody else to run over any property?
[01:36:02.160 --> 01:36:03.160]  No.
[01:36:03.160 --> 01:36:07.160]  Then what was the circumstances then, or the conditions and circumstances then,
[01:36:07.160 --> 01:36:17.160]  existing that led the officer to believe that you had committed a breach of the peace or a felony?
[01:36:17.160 --> 01:36:18.160]  Well, okay.
[01:36:18.160 --> 01:36:19.160]  But what was that?
[01:36:19.160 --> 01:36:21.160]  I didn't get that part.
[01:36:21.160 --> 01:36:22.160]  Cool.
[01:36:22.160 --> 01:36:24.160]  The case law I've been researching makes it very,
[01:36:24.160 --> 01:36:30.160]  very clear that an arrest without warrant can only be had under specific circumstances.
[01:36:30.160 --> 01:36:37.160]  And those circumstances are if a felony or a breach of the peace is committed in the officer's presence,
[01:36:37.160 --> 01:36:49.160]  or if a felony is reported by a credible individual and the felon is likely to escape if an attempt to obtain a warrant is pursued.
[01:36:49.160 --> 01:36:50.160]  Otherwise...
[01:36:50.160 --> 01:36:56.160]  I'm sorry?
[01:36:56.160 --> 01:36:58.160]  Yes, you were.
[01:36:58.160 --> 01:36:59.160]  That's what I'm trying to get you to understand.
[01:36:59.160 --> 01:37:01.160]  You were arrested.
[01:37:01.160 --> 01:37:04.160]  For that couple of minutes, yes.
[01:37:04.160 --> 01:37:10.160]  Go to Read Section 543, Chapter 543 of the Transportation Code.
[01:37:10.160 --> 01:37:16.160]  If the officer had you sign the citation, you were under custodial arrest.
[01:37:16.160 --> 01:37:18.160]  Okay, but I didn't know that.
[01:37:18.160 --> 01:37:20.160]  Right, and they don't expect you to know that.
[01:37:20.160 --> 01:37:25.160]  That's why they just demand information from you that they can use against you,
[01:37:25.160 --> 01:37:33.160]  but they haven't mirandized you so any information they get would be inadmissible as a Fifth Amendment violation.
[01:37:33.160 --> 01:37:35.160]  Okay.
[01:37:35.160 --> 01:37:37.160]  I'm wondering, who is the jury going to be there?
[01:37:37.160 --> 01:37:41.160]  Is it for the defendant or for the prosecutor?
[01:37:41.160 --> 01:37:43.160]  The jury?
[01:37:43.160 --> 01:37:44.160]  Yeah.
[01:37:44.160 --> 01:37:48.160]  If you want a jury trial, you have to demand it.
[01:37:48.160 --> 01:37:49.160]  Yes, I did already.
[01:37:49.160 --> 01:37:53.160]  I plead not guilty and I demand jury.
[01:37:53.160 --> 01:37:58.160]  But I don't have no clue of who the jury is and who is already there.
[01:37:58.160 --> 01:38:01.160]  When did you know your plea?
[01:38:01.160 --> 01:38:05.160]  I made the plea like almost a month ago.
[01:38:05.160 --> 01:38:06.160]  A month ago.
[01:38:06.160 --> 01:38:08.160]  And you just now call it in?
[01:38:08.160 --> 01:38:10.160]  What's that?
[01:38:10.160 --> 01:38:12.160]  Here's the problem.
[01:38:12.160 --> 01:38:21.160]  The problem is that the court had no jurisdiction to cause you to enter a plea if there was no complaint or information filed in the court.
[01:38:21.160 --> 01:38:22.160]  Right.
[01:38:22.160 --> 01:38:25.160]  There's a complaint and information filed in the court.
[01:38:25.160 --> 01:38:26.160]  Okay.
[01:38:26.160 --> 01:38:37.160]  And we just have to read in the section of the Code of Criminal Procedure which specifically says the plea can only be taken after the jury has been impaneled, not before.
[01:38:37.160 --> 01:38:43.160]  I mean, what I did was before and they asked me to do it and I did have another way to say no.
[01:38:43.160 --> 01:38:44.160]  Right.
[01:38:44.160 --> 01:38:50.160]  You went in and made the appearance that the defendant told you to make and they asked you to enter a plea.
[01:38:50.160 --> 01:39:00.160]  The problem is that if they had no complaint and no information, they did not have jurisdiction to take a plea.
[01:39:00.160 --> 01:39:04.160]  So could that be my argument in the court?
[01:39:04.160 --> 01:39:05.160]  Okay.
[01:39:05.160 --> 01:39:12.160]  I take it you have not got the seminar material for the traffic seminar.
[01:39:12.160 --> 01:39:21.160]  There are tons of filings that you have in there, several are motions to dismiss for lack of subject matter jurisdiction.
[01:39:21.160 --> 01:39:27.160]  And they all deal with these issues we're talking about.
[01:39:27.160 --> 01:39:41.160]  But it's a very simple process once you know all the specific statutes and constitutional articles that are required to show that it's a simple process and that they're violating it.
[01:39:41.160 --> 01:39:43.160]  And that's what I've prepared in all of these motions.
[01:39:43.160 --> 01:39:55.160]  I've gone through it step-by-step and taken every section of the Code and the Constitution and shown where this cannot work the way you're doing it.
[01:39:55.160 --> 01:39:57.160]  Well, I'll have one of that.
[01:39:57.160 --> 01:40:01.160]  But in regard to that jury, I didn't get that.
[01:40:01.160 --> 01:40:05.160]  Is this jury there for me to protect me or to get me?
[01:40:05.160 --> 01:40:12.160]  The jury is there so that you don't have to just take it from the judge.
[01:40:12.160 --> 01:40:16.160]  The problem is what are you going to argue before the jury?
[01:40:16.160 --> 01:40:19.160]  If you haven't argued the proper information in front of the jury,
[01:40:19.160 --> 01:40:28.160]  they're going to find you guilty just because they're being educated on the fact that if you go faster than what's on the sign, you broke the law.
[01:40:28.160 --> 01:40:30.160]  That's not true.
[01:40:30.160 --> 01:40:31.160]  Okay.
[01:40:31.160 --> 01:40:39.160]  But if you don't know the facts in law that support that and you show them to the jury, you're going to lose.
[01:40:39.160 --> 01:40:40.160]  That's the problem.
[01:40:40.160 --> 01:40:45.160]  Yeah, but well, I don't have time now to read all those because they're going to be within two days.
[01:40:45.160 --> 01:40:48.160]  There's only a couple you need to read.
[01:40:48.160 --> 01:40:49.160]  At least to understand.
[01:40:49.160 --> 01:40:53.160]  Now, how long will it take you to understand how to make the argument?
[01:40:53.160 --> 01:40:54.160]  That's another issue.
[01:40:54.160 --> 01:41:03.160]  But the sections relevant here are the Texas Transportation Code, Section 201.904.
[01:41:03.160 --> 01:41:05.160]  Section 201.904.
[01:41:05.160 --> 01:41:06.160]  Yes.
[01:41:06.160 --> 01:41:13.160]  And Transportation Code, Section 545.351, prima facie speed limits.
[01:41:13.160 --> 01:41:19.160]  What does that section say about that?
[01:41:19.160 --> 01:41:20.160]  545.351.
[01:41:20.160 --> 01:41:23.160]  That section, 545.351.
[01:41:23.160 --> 01:41:30.160]  That section very specifically states that the prima facie speed limit, okay,
[01:41:30.160 --> 01:41:37.160]  you can only be charged with violating that if the officer can show that you were driving
[01:41:37.160 --> 01:41:44.160]  in a fashion that was unreasonable under the circumstances and conditions then existing.
[01:41:44.160 --> 01:41:47.160]  Well, there's only one real way he can do that.
[01:41:47.160 --> 01:41:53.160]  He has to show that either you lost control of your vehicle, you hit somebody,
[01:41:53.160 --> 01:41:57.160]  you caused an accident, or you damaged property.
[01:41:57.160 --> 01:42:06.160]  Those are the only ways that he can reliably and for certain say that your speed was neither reasonable
[01:42:06.160 --> 01:42:10.160]  nor prudent under the circumstances then existing.
[01:42:10.160 --> 01:42:11.160]  Okay.
[01:42:11.160 --> 01:42:14.160]  And one last question that I would like to know.
[01:42:14.160 --> 01:42:19.160]  The radar that the police officer used, because this police officer didn't come behind me
[01:42:19.160 --> 01:42:26.160]  or didn't come in front of me, he was hiding in an alley which he couldn't even see us,
[01:42:26.160 --> 01:42:28.160]  I mean, the traffic movement.
[01:42:28.160 --> 01:42:35.160]  But by the time he saw us, it was less than, I mean, seconds that he just came behind me
[01:42:35.160 --> 01:42:39.160]  and not even behind me, side by side, and asked me to pull over.
[01:42:39.160 --> 01:42:40.160]  Okay.
[01:42:40.160 --> 01:42:42.160]  Where was he in relation to your car?
[01:42:42.160 --> 01:42:45.160]  Was he on the front, the rear, the left, the right?
[01:42:45.160 --> 01:42:46.160]  No.
[01:42:46.160 --> 01:42:48.160]  He was in an alley.
[01:42:48.160 --> 01:42:54.160]  When he came out, he was on my right side, and he asked me to pull over.
[01:42:54.160 --> 01:42:55.160]  Okay.
[01:42:55.160 --> 01:42:58.160]  He pulled out of an alley on your right side.
[01:42:58.160 --> 01:42:59.160]  Yeah.
[01:42:59.160 --> 01:43:01.160]  And then followed you down the street?
[01:43:01.160 --> 01:43:04.160]  He didn't even follow me because he didn't have time to follow me.
[01:43:04.160 --> 01:43:09.160]  There was a light nearby, and I was on the second line to the left,
[01:43:09.160 --> 01:43:12.160]  and the only street was like three lines.
[01:43:12.160 --> 01:43:17.160]  Did you ask him what method he used to allegedly clock your speed?
[01:43:17.160 --> 01:43:21.160]  No, I did not question any, because most of the day, I mean, what they tell you is
[01:43:21.160 --> 01:43:25.160]  just go to the car, and that's the way you can complain or...
[01:43:25.160 --> 01:43:26.160]  Okay.
[01:43:26.160 --> 01:43:29.160]  But that's you letting them control the situation.
[01:43:29.160 --> 01:43:30.160]  Don't do that.
[01:43:30.160 --> 01:43:34.160]  You have the right to ask questions.
[01:43:34.160 --> 01:43:35.160]  Hang on a second, Norm.
[01:43:35.160 --> 01:43:39.160]  We'll pick this up on the other side of the break and get you wrapped up real quick.
[01:43:39.160 --> 01:43:43.160]  This is Eddie Craig, Deborah Stevens, Randy Kelton, Rule of Law Radio.
[01:43:43.160 --> 01:43:46.160]  We will be right back after this break.
[01:43:46.160 --> 01:44:01.160]  Thank you.
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[01:46:28.160 --> 01:46:56.160]  Okay, folks, we are back.
[01:46:56.160 --> 01:47:00.160]  We're speaking with Noor in Texas.
[01:47:00.160 --> 01:47:02.160]  Okay, Eddie, go ahead.
[01:47:02.160 --> 01:47:09.160]  Okay, where he was in relation to you, it's very important that you know what he was using.
[01:47:09.160 --> 01:47:12.160]  The reason for that is very simple.
[01:47:12.160 --> 01:47:17.160]  One, the courts have already ruled that LIDAR, which is laser radar, is unreliable.
[01:47:17.160 --> 01:47:20.160]  It is not proven technology, and they are correct.
[01:47:20.160 --> 01:47:29.160]  The other is if he was using radar alone, radar only has an 11-degree cone of accuracy
[01:47:29.160 --> 01:47:33.160]  from the center line of the unit.
[01:47:33.160 --> 01:47:38.160]  It can't see outside of that peripheral of 11 degrees accurately.
[01:47:38.160 --> 01:47:40.160]  Okay.
[01:47:40.160 --> 01:47:47.160]  And if you have passed immediately in front of the officer, the radar is unreliable in a cross-section.
[01:47:47.160 --> 01:47:54.160]  The radar is only reliable oncoming or going away from the unit.
[01:47:54.160 --> 01:47:58.160]  Crossways to the unit is highly unreliable.
[01:47:58.160 --> 01:48:04.160]  Now, the other issue is were there any other automobiles around you at the time when you passed the alley?
[01:48:04.160 --> 01:48:08.160]  Oh, yes, it was the one I could lie on.
[01:48:08.160 --> 01:48:15.160]  Okay, so there's no way this radar unit could accurately say whose automobile it picked up.
[01:48:15.160 --> 01:48:18.160]  Exactly, that was the other question I was asking you because, okay,
[01:48:18.160 --> 01:48:24.160]  that's how you build your defense along those particular issues.
[01:48:24.160 --> 01:48:31.160]  Is it possible that the radar shows my plate number and that makes him to pull me over?
[01:48:31.160 --> 01:48:33.160]  Now, wait, say that again.
[01:48:33.160 --> 01:48:36.160]  Is it possible that the radar shows him my plate number,
[01:48:36.160 --> 01:48:41.160]  even though there was a lot of traffic, but he could pinpoint me because he gets a lesser than me?
[01:48:41.160 --> 01:48:48.160]  The only way he could be doing it was lie to him or is he asked to aim it at a point on your vehicle that's reflected?
[01:48:48.160 --> 01:48:51.160]  That would have to be your license plate.
[01:48:51.160 --> 01:48:57.160]  No, I think the question was does the radar tell him what the license number of the car clock is?
[01:48:57.160 --> 01:49:04.160]  No, it's not photo radar like an actual picture.
[01:49:04.160 --> 01:49:05.160]  Thank you.
[01:49:05.160 --> 01:49:08.160]  Okay, we need to move along.
[01:49:08.160 --> 01:49:11.160]  We've got a couple more callers and we're running out of time.
[01:49:11.160 --> 01:49:12.160]  Okay, thank you.
[01:49:12.160 --> 01:49:13.160]  Okay, thanks, Nor.
[01:49:13.160 --> 01:49:16.160]  Okay, we're going to go now to Robin in Florida.
[01:49:16.160 --> 01:49:17.160]  Robin, thanks for calling in.
[01:49:17.160 --> 01:49:19.160]  What's on your mind tonight?
[01:49:19.160 --> 01:49:21.160]  Hey, you can hear me okay?
[01:49:21.160 --> 01:49:22.160]  Yes.
[01:49:22.160 --> 01:49:23.160]  Hi.
[01:49:23.160 --> 01:49:28.160]  I had a question about the mortgage and pooling and servicing agreement, all this stuff.
[01:49:28.160 --> 01:49:30.160]  Maybe this is something for Randy.
[01:49:30.160 --> 01:49:35.160]  I got a judgment last April, sale dates November 1st.
[01:49:35.160 --> 01:49:42.160]  I want to go in and vacate this judgment because I got an audit done.
[01:49:42.160 --> 01:49:44.160]  Okay.
[01:49:44.160 --> 01:49:51.160]  So the audit shows that, first of all, it's Bank of America and they're foreclosing in their own name.
[01:49:51.160 --> 01:49:55.160]  Countrywide initiated the mortgage.
[01:49:55.160 --> 01:49:58.160]  So they were supposed to, of course, assign it to the investor.
[01:49:58.160 --> 01:50:01.160]  Bank of New York is the trustee.
[01:50:01.160 --> 01:50:07.160]  What would you say is a good way to attack that and try to get this vacated?
[01:50:07.160 --> 01:50:14.160]  Well, you'd obviously attack it by a challenge to standing of the petitioner.
[01:50:14.160 --> 01:50:16.160]  Correct, yes.
[01:50:16.160 --> 01:50:23.160]  In your audit, did you get a complete chain of custody of the security instrument?
[01:50:23.160 --> 01:50:24.160]  Pretty much.
[01:50:24.160 --> 01:50:27.160]  I'm going through it.
[01:50:27.160 --> 01:50:30.160]  I just need to make...
[01:50:30.160 --> 01:50:32.160]  Wait a minute, wait a minute, you didn't ask me a question.
[01:50:32.160 --> 01:50:34.160] ...what I should be looking for.
[01:50:34.160 --> 01:50:41.160]  Did you get a listing of every entity that has owned the security instrument,
[01:50:41.160 --> 01:50:49.160]  specifically the pooling and servicing, the pool that it was in, or all of the pools it's been in?
[01:50:49.160 --> 01:50:51.160]  Did you get any information on that in your audit?
[01:50:51.160 --> 01:50:52.160]  I think it's been in four.
[01:50:52.160 --> 01:50:56.160]  I think the audit shows that it's been in four, if I'm not mistaken.
[01:50:56.160 --> 01:50:57.160]  Okay.
[01:50:57.160 --> 01:51:00.160]  I'm trying to understand everything, but...
[01:51:00.160 --> 01:51:07.160]  Okay, you need to know all of the transfers of the security instrument.
[01:51:07.160 --> 01:51:14.160]  You need to know if it was in a pool and if the pool was involved in credit default swaps.
[01:51:14.160 --> 01:51:16.160]  Okay.
[01:51:16.160 --> 01:51:25.160]  You want a name on there that shows that this name owned this instrument.
[01:51:25.160 --> 01:51:26.160]  Uh-huh.
[01:51:26.160 --> 01:51:35.160]  And then ask Bank of America, how did you get it from this person or this entity?
[01:51:35.160 --> 01:51:41.160]  How did you manage to extract it from the pool and where is that instrument,
[01:51:41.160 --> 01:51:45.160]  the security instrument, the original document, where is it?
[01:51:45.160 --> 01:51:47.160]  Yeah.
[01:51:47.160 --> 01:51:52.160]  My understanding is that they can't foreclose unless they buy it back, correct?
[01:51:52.160 --> 01:51:58.160]  Right, they have to purchase it and it can't just have the original security instrument.
[01:51:58.160 --> 01:52:02.160]  They must have a complete chain of custody.
[01:52:02.160 --> 01:52:07.160]  They must be able to show that they received that instrument from a holder,
[01:52:07.160 --> 01:52:11.160]  and that's someone who legally holds the instrument.
[01:52:11.160 --> 01:52:17.160]  And that person, in order to be a holder, must have gotten it from someone else who was a holder.
[01:52:17.160 --> 01:52:22.160]  In a direct line back to the lender who originated the note,
[01:52:22.160 --> 01:52:28.160]  if they can't give you all of those and you find a name they don't bring up,
[01:52:28.160 --> 01:52:35.160]  then you go for sanctions, failure to speak to the candidate of the court, fraud and all sorts of stuff.
[01:52:35.160 --> 01:52:37.160]  Yeah.
[01:52:37.160 --> 01:52:39.160]  And one other quick thing.
[01:52:39.160 --> 01:52:41.160]  Go ahead.
[01:52:41.160 --> 01:52:47.160]  Other notes, like if you refinance, right, and you pay off a previous mortgage,
[01:52:47.160 --> 01:52:53.160]  shouldn't you not get that note back that was paid off?
[01:52:53.160 --> 01:52:56.160]  That's a good question. Yes, you should.
[01:52:56.160 --> 01:53:01.160]  Otherwise, that note may be still out there, still being sold to the Chinese once a week.
[01:53:01.160 --> 01:53:05.160]  That's like a check. You get a check back, right?
[01:53:05.160 --> 01:53:11.160]  Exactly. Once you pay off the note, you should get back the original.
[01:53:11.160 --> 01:53:15.160]  That's a good point. I haven't had anybody ask that question before.
[01:53:15.160 --> 01:53:19.160]  Yeah, Randy, we talked about that at Great Length on Friday night. Don't you remember?
[01:53:19.160 --> 01:53:24.160]  No, not on a refinance.
[01:53:24.160 --> 01:53:29.160]  On the refinance, you pay off the original note, you should get the note back.
[01:53:29.160 --> 01:53:31.160]  Yeah.
[01:53:31.160 --> 01:53:34.160]  Before you go to the next note.
[01:53:34.160 --> 01:53:39.160]  You call them up and say, hey, I refinanced this. I need that note back, please.
[01:53:39.160 --> 01:53:41.160]  And they don't give it to you.
[01:53:41.160 --> 01:53:46.160]  You do that in the suit against them, because that note's still out there.
[01:53:46.160 --> 01:53:52.160]  Somebody else may come along and say, hey, I got the note.
[01:53:52.160 --> 01:53:58.160]  You paid somebody off, but it wasn't me. Now you have to pay me.
[01:53:58.160 --> 01:54:05.160]  Yeah, so if they don't give it to me, what's the cause of action that I say?
[01:54:05.160 --> 01:54:07.160]  What is that?
[01:54:07.160 --> 01:54:16.160]  That's a good question. It's a violation of 5-301 Uniform Commercial Code,
[01:54:16.160 --> 01:54:24.160]  but as to remedy, you'd have to show harm, and you haven't been harmed yet.
[01:54:24.160 --> 01:54:30.160]  What you can show is potential harm. That's a good question.
[01:54:30.160 --> 01:54:33.160]  And how do you claim harm that hasn't happened?
[01:54:33.160 --> 01:54:38.160]  Well, isn't it in the original contract that you get the note back when you paid it off?
[01:54:38.160 --> 01:54:42.160]  No, that's a UCC requirement. It's never in the contract.
[01:54:42.160 --> 01:54:43.160]  All right.
[01:54:43.160 --> 01:54:48.160]  It's like you're a check. It doesn't say on the check you have to.
[01:54:48.160 --> 01:54:51.160]  The person who pays the check has to have the check in their hand.
[01:54:51.160 --> 01:54:58.160]  There's nowhere it says that, but a prudent person cashing it's going to say, I want it.
[01:54:58.160 --> 01:55:00.160]  Yeah.
[01:55:00.160 --> 01:55:05.160]  I'm not sure if you have a claim because you refinanced,
[01:55:05.160 --> 01:55:12.160]  and unless somebody tries to express that one, they're going to say, no harm, no foul.
[01:55:12.160 --> 01:55:13.160]  Yeah.
[01:55:13.160 --> 01:55:17.160]  That's interesting. We need to look at that. That is a very good point.
[01:55:17.160 --> 01:55:18.160]  Yeah.
[01:55:18.160 --> 01:55:19.160]  Thank you.
[01:55:19.160 --> 01:55:22.160]  Do you have any other questions or issues?
[01:55:22.160 --> 01:55:24.160]  One more quick one and I'll let you go.
[01:55:24.160 --> 01:55:30.160]  Now, I want to do a motion to vacate this judgment.
[01:55:30.160 --> 01:55:35.160]  Now, should I try to do a motion, amended motion to dismiss
[01:55:35.160 --> 01:55:37.160]  because they dismissed my original motion to dismiss.
[01:55:37.160 --> 01:55:40.160]  Then I got this audit done.
[01:55:40.160 --> 01:55:44.160]  Yeah, based on new information. Exactly.
[01:55:44.160 --> 01:55:49.160]  So I could do an amended motion to dismiss based on this and put it as an exhibit or whatever.
[01:55:49.160 --> 01:55:53.160]  Yes, amended motion based on new information.
[01:55:53.160 --> 01:55:57.160]  Based on new information. Okay, cool. Thank you very much.
[01:55:57.160 --> 01:55:58.160]  You are welcome.
[01:55:58.160 --> 01:56:00.160]  Okay, thanks.
[01:56:00.160 --> 01:56:04.160]  And we did talk about on Friday night, Randy, I remember about getting the note back.
[01:56:04.160 --> 01:56:07.160]  You said that there would be a remedy and a lawsuit somehow.
[01:56:07.160 --> 01:56:14.160]  Yeah, that's if you pay off the note.
[01:56:14.160 --> 01:56:19.160]  But I'm thinking, you know, what is that specific remedy?
[01:56:19.160 --> 01:56:23.160]  And I don't know.
[01:56:23.160 --> 01:56:24.160]  All right, we'll have to think about it.
[01:56:24.160 --> 01:56:28.160]  Yeah, you're not specifically harmed.
[01:56:28.160 --> 01:56:32.160]  I mean, it's a really good chance that you could be harmed.
[01:56:32.160 --> 01:56:42.160]  And we have evidence that people have had banks try to foreclose when the guy never had a mortgage.
[01:56:42.160 --> 01:56:48.160]  And then guys who paid off their mortgage had other people trying to come and collect the mortgage a second time.
[01:56:48.160 --> 01:56:54.160]  So there's empirical evidence that there could be harm.
[01:56:54.160 --> 01:57:00.160]  But unless there actually is harm, you don't have a claim yet.
[01:57:00.160 --> 01:57:05.160]  Unless there's some specific case law on this kind of potential.
[01:57:05.160 --> 01:57:06.160]  We have to look at that.
[01:57:06.160 --> 01:57:07.160]  Okay.
[01:57:07.160 --> 01:57:09.160]  Okay, we've got David in Texas.
[01:57:09.160 --> 01:57:10.160]  David, thanks for calling in.
[01:57:10.160 --> 01:57:12.160]  Briefly, we've got about a minute and a half left.
[01:57:12.160 --> 01:57:14.160]  What's on your mind?
[01:57:14.160 --> 01:57:20.160]  I'll be as brief as I can, Deborah, Randy, Eddie, did the talk with you, all three of you.
[01:57:20.160 --> 01:57:27.160]  This last hour and a half or two hours, I've heard three or four invites to come to the Commissioner's Court
[01:57:27.160 --> 01:57:36.160]  to speak up about the voting machines that are wanting to be left electronic instead of going back to the paper ballot.
[01:57:36.160 --> 01:57:40.160]  My quick question is, anyone can answer, everyone can answer.
[01:57:40.160 --> 01:57:48.160]  What is unconstitutional about the way they are now that we can point out to Mrs. Dubois
[01:57:48.160 --> 01:57:56.160]  that she has sworn an oath to uphold the Constitution, but she's not doing it?
[01:57:56.160 --> 01:58:05.160]  And what is she not doing when she goes electronic?
[01:58:05.160 --> 01:58:06.160]  Deb, do you want to touch that?
[01:58:06.160 --> 01:58:12.160]  Well, I don't know specifically what it says in the Constitution, but I know that it's not an open election.
[01:58:12.160 --> 01:58:15.160]  There's no public oversight over the counting.
[01:58:15.160 --> 01:58:16.160]  That's the main thing.
[01:58:16.160 --> 01:58:17.160]  There's no public...
[01:58:17.160 --> 01:58:25.160]  Oh, well, the other thing I do believe the state Constitution says that the process shall be as governed by law,
[01:58:25.160 --> 01:58:29.160]  which means the legislature can write it the way they want to,
[01:58:29.160 --> 01:58:34.160]  but we need to make them write it the way that will best serve the people.
[01:58:34.160 --> 01:58:42.160]  Well, as far as the constitutionality, I mean, there's no public oversight of the counting of the ballots.
[01:58:42.160 --> 01:58:48.160]  The code is proprietary, and even if it was open source, there's still no way to have public oversight.
[01:58:48.160 --> 01:58:53.160]  So that's the main issue, is there's no public oversight over the counting.
[01:58:53.160 --> 01:58:56.160]  All right, we got to go. We'll see you guys on Thursday.
[01:58:56.160 --> 01:59:24.160]  Thank you for listening. We'll be back Thursday night.
[01:59:26.160 --> 01:59:28.160]  Thank you for listening.
[01:59:56.160 --> 01:59:59.160]  Thank you for listening.