[00:11.240 --> 00:12.240] Online at thelibertybeat.com. [00:12.240 --> 00:16.240] John Bush here with your Liberty Beat for June 19, 2013. [00:16.240 --> 00:28.080] Gold opened today at $1,375, silver at $21.71, and Bitcoin is trading at $108. [00:28.080 --> 00:33.080] Support for the Liberty Beat comes from great new books, free-thinking materials, and free-thinking [00:33.080 --> 00:34.080] people since 2006. [00:34.080 --> 00:39.640] In Austin and 1904, Guadalupe Street and at Portfest at Site 26. [00:39.640 --> 00:44.560] Also, support comes from Central Texas Gunworks, CHL courses, self-defense training, and firearm [00:44.560 --> 00:45.560] sales. [00:45.560 --> 00:48.600] Online at centraltexasgunworks.com. [00:48.600 --> 00:49.960] And now the news. [00:49.960 --> 00:55.240] On Tuesday morning, a group of around 50 Houstonians protested outside the office of U.S. Representative [00:55.240 --> 00:56.600] Sheila Jackson Lee. [00:56.600 --> 01:01.920] The group was rallying in support of the Second Amendment as well as the Armed Citizens Project. [01:01.920 --> 01:06.120] The Armed Citizens Project gained the attention last week when Oak Forest neighborhood of [01:06.120 --> 01:10.200] Houston became the first in the country to experience a free gun giveaway for single [01:10.200 --> 01:11.200] mothers. [01:11.200 --> 01:15.640] Sheila Jackson Lee spoke in opposition to the ACP's gun sharing program and in favor [01:15.640 --> 01:18.680] of universal background checks for gun purchases. [01:18.680 --> 01:22.960] Kyle Copeland, founder of the Armed Citizens Project, says he believes an educated and [01:22.960 --> 01:31.360] armed citizenry is key to reducing crime. [01:31.360 --> 01:36.320] Tuesday, Google filed a legal challenge against gag orders that came with the FISA court orders [01:36.320 --> 01:38.920] it receives from the FBI and NSA. [01:38.920 --> 01:42.420] Google is arguing that the silence orders infringe upon the company's First Amendment [01:42.420 --> 01:46.080] rights to speak freely about the data requests from the government. [01:46.080 --> 01:49.880] According to a court motion filed by Google, they are seeking to release information on [01:49.880 --> 01:53.120] the amount of data requests and specific user information. [01:53.120 --> 01:57.440] Currently, under the FISA Act, Google is not allowed to disclose publicly the number [01:57.440 --> 01:59.040] of requests it gets for data. [01:59.040 --> 02:03.680] The public requests have only come about in light of recently leaked information regarding [02:03.680 --> 02:07.440] the PRISM software and after the Director of National Intelligence acknowledged that [02:07.440 --> 02:16.720] the service providers have received Foreign Intelligence Surveillance Act requests. [02:16.720 --> 02:20.320] Sao Paulo, Brazil continues to be the scene of another night of protests. [02:20.320 --> 02:24.200] Demonstrators are calling for a more responsive government and have expressed a general anger [02:24.200 --> 02:26.920] towards the government financial priorities. [02:26.920 --> 02:30.440] Protests have been organized by university students and a group called the Free Fair [02:30.440 --> 02:33.840] Movement which is called for free public transportation. [02:33.840 --> 02:37.360] Pictures of the scene show protesters clashing with riot police. [02:37.360 --> 02:42.560] These latest clashes come after accusations last week of police brutality and the targeting [02:42.560 --> 02:43.560] of journalists. [02:43.560 --> 02:49.480] Support for the Liberty Beat comes from Tomorrow's Meals Today, South Austin Market Days every [02:49.480 --> 02:56.160] Saturday from 3 to 7 p.m. at 10106 Manchac Road, and from Capital City Automotive, Honest [02:56.160 --> 03:22.880] Reliable Autocare for Vehicles Foreign and Domestic. [03:26.160 --> 03:39.720] Bad boys, bad boys, whatcha gonna do when they come for you? [03:39.720 --> 03:41.220] and you had bad traits [03:41.220 --> 03:43.720] You go to school and learn the golden rule [03:43.720 --> 03:46.720] So why are you acting like a bloody fool? [03:46.720 --> 03:49.720] If you get hot then you must get cool [03:49.720 --> 03:52.220] Bad boys, bad boys, whatcha gonna do? [03:52.220 --> 03:54.720] Or whatcha gonna do when they come for you? [03:54.720 --> 03:57.720] Bad boys, bad boys, whatcha gonna do? [03:57.720 --> 04:00.220] Or whatcha gonna do when they come for you? [04:00.220 --> 04:01.720] You chuck it on that one [04:01.720 --> 04:03.220] You chuck it on this one [04:03.220 --> 04:04.220] You chuck it on your mother [04:04.220 --> 04:05.720] And you chuck it on your father [04:05.720 --> 04:07.220] You chuck it on your brother [04:07.220 --> 04:08.720] And you chuck it on your sister [04:08.720 --> 04:09.720] You chuck it on that one [04:09.720 --> 04:11.220] And you chuck it on me [04:11.220 --> 04:37.720] Bad boys, bad boys, whatcha gonna do? [04:41.220 --> 04:55.220] It had a indication that what we at Rule of Law Radio are proposing that people do is [04:55.220 --> 05:01.220] may well be more effective than most people think [05:01.220 --> 05:07.220] We had Larry Wiest who does a show on Saturday [05:07.220 --> 05:11.220] Is it God and Guns? [05:11.220 --> 05:13.220] Yes, it's God and Guns, that's correct [05:13.220 --> 05:15.220] God and Guns [05:15.220 --> 05:20.220] Larry is kicking their butts [05:20.220 --> 05:22.220] He told me what happened [05:22.220 --> 05:23.220] I'm gonna let you tell the story Randy [05:23.220 --> 05:25.220] Because you're more involved with it [05:25.220 --> 05:27.220] I just got the summary [05:27.220 --> 05:29.220] But folks, let me tell you what [05:29.220 --> 05:32.220] This stuff works [05:32.220 --> 05:34.220] What we do works [05:34.220 --> 05:37.220] We have a success rate, we really do [05:37.220 --> 05:40.220] You just gotta keep plugging away at it [05:40.220 --> 05:43.220] But I am very impressed with Larry [05:43.220 --> 05:52.220] And what he has done in basically making the clerk do her job [05:52.220 --> 05:54.220] So Randy, why don't you tell them what happened? [05:54.220 --> 05:56.220] This is great, this is a great story [05:56.220 --> 05:59.220] Maybe I should try to get Larry on the tell it [05:59.220 --> 06:02.220] He said he would be on in the second half [06:02.220 --> 06:07.220] Okay great, why don't you give us a preview [06:07.220 --> 06:12.220] I've been doing this foreclosure thing for quite a while [06:12.220 --> 06:18.220] I like to think I'm a pretty smart feller [06:18.220 --> 06:23.220] And about the time I begin to think I'm pretty sharp [06:23.220 --> 06:27.220] Something comes along that reminds me of how stupid I really am [06:27.220 --> 06:34.220] I had a friend send me a copy of a letter [06:34.220 --> 06:37.220] Of a document filed in the county record in the state of Washington [06:37.220 --> 06:45.220] And what he said was that I'm the holder of a warranty deed on a certain property [06:45.220 --> 06:47.220] And granted a deed of trust [06:47.220 --> 06:53.220] And sent to the lender a debt validation letter [06:53.220 --> 06:58.220] And a debt validation letter under law [06:58.220 --> 07:04.220] Invokes a duty on the part of the lender to respond [07:04.220 --> 07:07.220] Well the lender failed to respond [07:07.220 --> 07:15.220] So the guy filed a notice in the record that the lender had defaulted on the deed of trust [07:15.220 --> 07:19.220] It rendered the deed of trust void and unenforceable [07:19.220 --> 07:24.220] And I read that and I thought moron [07:24.220 --> 07:27.220] What if you told a ten year old [07:27.220 --> 07:34.220] That dirty rascal he filed a notice of default against me in the county records [07:34.220 --> 07:39.220] The ten year old would say well why don't you file one against him [07:39.220 --> 07:42.220] Why did it take six years [07:42.220 --> 07:45.220] That was so obvious [07:45.220 --> 07:49.220] So we made up a notice of default [07:49.220 --> 07:56.220] Because in working this issue we stopped making accusations under consumer protection laws [07:56.220 --> 08:02.220] And we're making accusations of breaches of contract [08:02.220 --> 08:03.220] So that's a lot easier [08:03.220 --> 08:07.220] We're claiming that they breached the covenants of the deed of trust [08:07.220 --> 08:10.220] But it never occurred to me to file a notice of default [08:10.220 --> 08:13.220] So we made up some default letters [08:13.220 --> 08:17.220] And in looking at it from that perspective [08:17.220 --> 08:22.220] If you have MERS included in your deed of trust [08:22.220 --> 08:24.220] Or your mortgage [08:24.220 --> 08:33.220] The mortgage or deed of trust is a document that grants privileges to the lender [08:33.220 --> 08:37.220] In return for the lender [08:37.220 --> 08:44.220] Providing you with a warranty deed to your property or if you refinance with a certain amount of money [08:44.220 --> 08:49.220] There are privileges based on certain stipulations [08:49.220 --> 08:52.220] But if you have MERS in there [08:52.220 --> 08:57.220] The document also appoints MERS as an agent for the lender [08:57.220 --> 09:02.220] They call him a nominee but it means agent [09:02.220 --> 09:08.220] And we've been arguing that I can't appoint an agent for the lender [09:08.220 --> 09:09.220] The lender has to do that [09:09.220 --> 09:13.220] So we're arguing that MERS was never appointed [09:13.220 --> 09:16.220] So it didn't occur to me [09:16.220 --> 09:17.220] Wait a minute [09:17.220 --> 09:23.220] If in fact I did appoint MERS [09:23.220 --> 09:25.220] Then Bubba you're fired [09:25.220 --> 09:28.220] So we made up a letter firing MERS [09:28.220 --> 09:36.220] And we made up a letter that would void any appointments of substitute trustee [09:36.220 --> 09:39.220] Or assignments of deed of trust [09:39.220 --> 09:41.220] And we file all those in the record [09:41.220 --> 09:43.220] And the way this works is [09:43.220 --> 09:50.220] Is if you are one of those individuals or entities [09:50.220 --> 09:53.220] Commonly defined in law as a person [09:53.220 --> 09:59.220] Who is named in documents in the record [09:59.220 --> 10:04.220] Granting you authority to file documents affecting title [10:04.220 --> 10:10.220] Then the documents you file are presumed to be valid [10:10.220 --> 10:15.220] If you're not 13.001 [10:15.220 --> 10:17.220] I'm sorry [10:17.220 --> 10:22.220] Government code 51901 [10:22.220 --> 10:25.220] 901 through 903 [10:25.220 --> 10:29.220] In the government code those are the very last ones in there [10:29.220 --> 10:33.220] Under public officials [10:33.220 --> 10:36.220] And they go to the county clerk [10:36.220 --> 10:40.220] And they go to the filing of documents in the county record [10:40.220 --> 10:46.220] And they were put in as a response to the Republic of Texas [10:46.220 --> 10:51.220] And these people following the commercial process [10:51.220 --> 10:56.220] Who were filing liens in the county record [10:56.220 --> 11:02.220] And what the 51901 says that any document [11:02.220 --> 11:07.220] Filed in the county record that affects a lien [11:07.220 --> 11:15.220] That is filed by someone who is not authorized by documents in the record [11:15.220 --> 11:22.220] To file documents affecting the title of a property [11:22.220 --> 11:27.220] Those documents are presumed to be fraudulent [11:27.220 --> 11:30.220] But if you like in this case [11:30.220 --> 11:33.220] The one doing the filing is holder of the warranty deed [11:33.220 --> 11:37.220] And that warranty deed gives them that authority [11:37.220 --> 11:39.220] So we filed all these documents [11:39.220 --> 11:42.220] And therefore by law [11:42.220 --> 11:46.220] These documents are presumed to be valid [11:46.220 --> 11:49.220] And they will remain valid [11:49.220 --> 11:54.220] Until someone with authority to challenge them [11:54.220 --> 11:57.220] Does so through trespass to try title [11:57.220 --> 12:01.220] As trespass to try title in Texas [12:01.220 --> 12:04.220] In other states it may be called something else [12:04.220 --> 12:07.220] Most likely petition for quiet title [12:07.220 --> 12:10.220] Or petition for declaratory judgment [12:10.220 --> 12:15.220] So until it's challenged it's presumed to be valid [12:15.220 --> 12:20.220] So we gave a stack of these letters to Larry [12:20.220 --> 12:23.220] And he went down to the clerk to file them [12:23.220 --> 12:26.220] And the clerk looked at them and said that these were not normal [12:26.220 --> 12:30.220] These did not look like the documents that the bank filed [12:30.220 --> 12:32.220] So he couldn't file them [12:32.220 --> 12:37.220] And Larry was not pleased with that [12:37.220 --> 12:40.220] And apparently they were pretty dismissive and arrogant [12:40.220 --> 12:43.220] So he called me and asked me what to do [12:43.220 --> 12:46.220] And I told him, well, go to the sheriff's department [12:46.220 --> 12:49.220] And file official oppression charges against him [12:49.220 --> 12:55.220] So he went home and dug up the statutes that he needed [12:55.220 --> 12:58.220] Went down to the sheriff's office [12:58.220 --> 13:03.220] And made a complaint of official oppression [13:03.220 --> 13:07.220] For failing to perform a duty they were required to perform and gave him the laws [13:07.220 --> 13:12.220] And the sheriff's department took his documentation, looked at it [13:12.220 --> 13:17.220] And actually read the statutes [13:17.220 --> 13:22.220] And gave the complaints to an investigator [13:22.220 --> 13:26.220] Yeah, Randy, let me just interject something here [13:26.220 --> 13:32.220] Larry was telling me that he printed out the statutes [13:32.220 --> 13:37.220] And brought them with him to the sheriff's department [13:37.220 --> 13:39.220] And the sheriff was reading them [13:39.220 --> 13:42.220] Or it was probably a deputy he was talking to [13:42.220 --> 13:46.220] And the sheriff said, he really, he took it seriously [13:46.220 --> 13:51.220] And the sheriff's deputy said, can I make a copy of these? [13:51.220 --> 13:54.220] And Larry's like, sure [13:54.220 --> 13:58.220] So I was pretty impressed, really [13:58.220 --> 14:06.220] Well, you have to remember that Johnson County is where I went to the sheriff's department [14:06.220 --> 14:09.220] And asked to see the morning arraignment hearing [14:09.220 --> 14:12.220] Or the morning magistration hearing [14:12.220 --> 14:16.220] And they told me, well, you can't see that because it's held deep in the jail [14:16.220 --> 14:18.220] And you'd be a security risk [14:18.220 --> 14:21.220] And I told them, oh, that's okay, hold it somewhere else [14:21.220 --> 14:23.220] I want to watch [14:23.220 --> 14:31.220] And the deputy asked me, Mr. Kelton, do you mind if I ask why you want to see this hearing? [14:31.220 --> 14:34.220] Oh, no, I don't mind at all, go ahead and ask [14:34.220 --> 14:40.220] He stood there a minute and he said, well, Mr. Kelton, why do you want to see this hearing? [14:40.220 --> 14:42.220] Now, he was smart [14:42.220 --> 14:45.220] He asked me if he could ask [14:45.220 --> 14:52.220] Otherwise, without permission, since this was a public hearing, he couldn't ask me that [14:52.220 --> 14:56.220] So I said, he asked me, Mr. Kelton, why do you want to see this hearing? [14:56.220 --> 14:59.220] I said, entertainment [14:59.220 --> 15:03.220] He stood there and looked at me a minute [15:03.220 --> 15:05.220] Entertainment? Yeah, yeah, yeah [15:05.220 --> 15:07.220] That's my form of entertainment [15:07.220 --> 15:14.220] And he stood there looking at me with this look on his face that said, so you're not going to tell me, huh? [15:14.220 --> 15:18.220] And I looked back with this look that said, no, I'm not [15:18.220 --> 15:28.220] Well, he went and talked to the judge and came out and said the judge said that it was her courtroom and I was not going to be allowed in it [15:28.220 --> 15:34.220] I said, Lieutenant, you need to inform that magistrate that she is mistaken [15:34.220 --> 15:37.220] It is not her courtroom [15:37.220 --> 15:42.220] It is my courtroom and I very generously allow her to administer it according to my law [15:42.220 --> 15:44.220] Now go back there and arrest her [15:44.220 --> 15:49.220] And we did the song and dance, I can't arrest her, sure you can, just go throw the cuffs on her [15:49.220 --> 15:54.220] Heck, you don't have far to go, she's to get her to jail, heck, she's already in one [15:54.220 --> 15:58.220] She's already in one [15:58.220 --> 16:07.220] So I told him, I said, well, that's okay, but you have to know, Lieutenant, I do appreciate your professionalism and your courtesy [16:07.220 --> 16:15.220] So I feel like I owe it to you to tell you that I'm likely to be filing some really ugly sounding criminal complaints against you [16:15.220 --> 16:17.220] But don't take it personal [16:17.220 --> 16:20.220] He said, you're filing criminal charges against me and you don't want me to take it personal? [16:20.220 --> 16:23.220] No, don't take it personal because I'm not after you [16:23.220 --> 16:25.220] You're not after me? Then who are you after? [16:25.220 --> 16:28.220] Oh, I'm after the district judge [16:28.220 --> 16:32.220] You're after the district judge and you're filing criminal charges against me? Why me? [16:32.220 --> 16:37.220] Oh, well, you were convenient [16:37.220 --> 16:44.220] So he's standing there looking at me thinking, this guy's going to end my career because I'm convenient? [16:44.220 --> 16:46.220] He don't even care about me [16:46.220 --> 16:48.220] So how do I reason with him? [16:48.220 --> 16:50.220] Okay, hang on, we'll pick this up when we come back [16:50.220 --> 16:55.220] This is Randy Calton, Deborah Stevens, Rule of Law Radio, our call-in number [16:55.220 --> 17:02.220] 912-646-1984, we'll be right back [17:26.220 --> 17:31.220] I want to know for sure [17:31.220 --> 17:36.220] So come on, neutrify me [17:36.220 --> 17:39.220] I love you [17:39.220 --> 17:47.220] Did you know that you can extend your life by as much as 15% by taking young gravity products like tangy tangerine? [17:47.220 --> 17:53.220] My missus lost so much weight by taking tangy tangerine, she eventually disappeared [17:53.220 --> 17:56.220] Which will probably let me live an extra 15 years [17:56.220 --> 18:25.220] Go to logosradionetwork.com and click the longevity banner [18:26.220 --> 18:28.220] How to answer letters and phone calls [18:28.220 --> 18:30.220] How to get debt collectors out of your credit report [18:30.220 --> 18:35.220] How to turn the financial tables on them and make them pay you to go away [18:35.220 --> 18:40.220] The Michael Meris Proven Method is the solution for how to stop debt collectors [18:40.220 --> 18:42.220] Personal consultation is available as well [18:42.220 --> 18:48.220] For more information, please visit RuleOfLawRadio.com and click on the blue Michael Meris banner [18:48.220 --> 18:51.220] Or email MichaelMeris at Yahoo.com [18:51.220 --> 18:59.220] That's RuleOfLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.com [18:59.220 --> 19:02.220] To learn how to stop debt collectors now [19:02.220 --> 19:24.220] You are listening to the Logos Radio Network, LogosRadioNetwork.com [19:24.220 --> 19:34.220] Look what we got, we asked the question, I wonder what they're hiding, they don't have the answer [19:34.220 --> 19:44.220] I know they're not abiding, we asked the question, look what we got, they don't have the answer [19:44.220 --> 19:55.220] Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio [19:55.220 --> 19:59.220] And I am going somewhere with this story, there's a real good reason for it [19:59.220 --> 20:08.220] This turned into a big deal, I filed criminal complaints against the judge with the district attorney [20:08.220 --> 20:10.220] I never did file against that officer [20:10.220 --> 20:14.220] And only because it wasn't necessary [20:14.220 --> 20:17.220] I sent complaints to the district attorney and they refused to act [20:17.220 --> 20:23.220] So I mailed a set of complaints to the district attorney's office addressed to the grand jury [20:23.220 --> 20:30.220] And the assistant district attorney called me and her name was Lisa Wyatt [20:30.220 --> 20:36.220] And she said, Mr. Kelton, you really need to file these complaints with the sheriff's department [20:36.220 --> 20:45.220] And I said, no, I'm going to file them with the grand jury, the only thing you get to do is decide if you're going to interfere with me in the process or not [20:45.220 --> 20:52.220] A week later she called me back and said, Mr. Kelton, I filed your complaints with the sheriff's department [20:52.220 --> 20:58.220] He sent them back saying he couldn't do anything with them because there were complaints against him in there [20:58.220 --> 21:01.220] And there was a complaint against his officer [21:01.220 --> 21:06.220] It was just an accusation, it wasn't a verified complaint [21:06.220 --> 21:12.220] She said, Mr. Kelton, I get the impression you planned this this way [21:12.220 --> 21:17.220] I said, Ms. Wyatt, I am impressed, you're very astute [21:17.220 --> 21:20.220] I hope you don't think this is my first rodeo [21:20.220 --> 21:24.220] And she said, no, Mr. Kelton, somehow I don't think it is [21:24.220 --> 21:29.220] Well, I wound up going down just the way I suggest people do [21:29.220 --> 21:40.220] Going down to the grand jury when they were meeting and handing a set of complaints to the bailiff [21:40.220 --> 21:43.220] Well, the first time I did that, they didn't get to the grand jury [21:43.220 --> 21:51.220] So the next time they met, when the grand jury finishes, they convene a hearing [21:51.220 --> 21:57.220] And the foreman reads the fact of all the indictments, true bills and no bills onto the record [21:57.220 --> 22:07.220] And the clerk makes notations in the minutes of the court in accordance with 20.22 Texas Code of Criminal Procedure [22:07.220 --> 22:08.220] Well, they had this hearing [22:08.220 --> 22:14.220] And nobody's in the courtroom but the prosecutor, the judge, the grand jury and me [22:14.220 --> 22:27.220] And the foreman reads the fact of the indictments onto the record and the judge said to the foreman [22:27.220 --> 22:29.220] Does the grand jury have any further business? [22:29.220 --> 22:32.220] And the foreman said, no, Your Honor, I do not [22:32.220 --> 22:36.220] And I stood up in the courtroom and said, yes, you do [22:36.220 --> 22:39.220] And the judge turned to me and said, well, who are you? [22:39.220 --> 22:40.220] I said, I'm Randall Kelton [22:40.220 --> 22:43.220] What business do you have with this court, with this grand jury? [22:43.220 --> 22:49.220] At that point, I could have told the judge that I have business with this grand jury and it's none of yours [22:49.220 --> 22:51.220] But I had plans for him [22:51.220 --> 22:54.220] I told him I have criminal complaints against some public officials [22:54.220 --> 22:57.220] And he said, well, what officials are those? [22:57.220 --> 23:05.220] And prosecutor and Lisa Wyatt and the elected district attorney are sitting there squirming in their chairs [23:05.220 --> 23:07.220] They know why I'm there [23:07.220 --> 23:11.220] I said, well, I have complaints against this district attorney here [23:11.220 --> 23:17.220] And this assistant district attorney and you judge [23:17.220 --> 23:26.220] And that was the look on the judge's face when I bushwhacked him in front of his own grand jury was absolutely priceless [23:26.220 --> 23:33.220] Well, because of that and a few more things I won't, so long story won't go into all of them [23:33.220 --> 23:39.220] But I wound up actually presenting the district attorney to the grand jury [23:39.220 --> 23:46.220] He did not get indicted as was never my intention in the first place [23:46.220 --> 23:55.220] However, about six months later, a friend of mine was down there having an issue over a piece of equipment the sheriff had confiscated [23:55.220 --> 24:00.220] And he was there to present complaints to the grand jury [24:00.220 --> 24:02.220] And they were giving him a song and dance [24:02.220 --> 24:04.220] And he called me and asked what to do [24:04.220 --> 24:10.220] And while he's talking to me, I hear Lisa Wyatt in the background saying, is Randy Kelton here? [24:10.220 --> 24:12.220] I hear Randy Kelton's in the building [24:12.220 --> 24:18.220] And Steve turned to her and said, no, he's not in the building, but he's on the phone, you want to talk to him? [24:18.220 --> 24:20.220] No! [24:20.220 --> 24:24.220] He said she whirled around and stomped out of the room [24:24.220 --> 24:28.220] Five minutes later, they came back and took him down to the grand jury [24:28.220 --> 24:38.220] And he went in and presented his complaints against three judges and two, I'm sorry, two judges, a bailiff and two sheriff's deputies [24:38.220 --> 24:40.220] They took him right into the grand jury [24:40.220 --> 24:46.220] So now, Larry calls me and I tell him what to do [24:46.220 --> 24:50.220] He goes down there, he tells me he went to file, give him these documents to file [24:50.220 --> 24:55.220] The clerk won't take them, so he calls me, I tell him, I'll go file a complaint with the sheriff [24:55.220 --> 24:59.220] He takes them to the sheriff in Johnson County [24:59.220 --> 25:05.220] And they give him no nonsense of any kind [25:05.220 --> 25:13.220] They take those complaints immediately, the deputy told him we will assign this to an investigator today [25:13.220 --> 25:31.220] Yeah, and I find that quite amazing really because there is nothing in statute that directs a sheriff or sheriff's deputy or police officer to accept a criminal complaint or act upon it whatsoever [25:31.220 --> 25:33.220] They can all throw them in the trash [25:33.220 --> 25:43.220] The only thing in law that assigns a duty to dealing with a criminal complaint or accepting the filing of a criminal complaint [25:43.220 --> 25:50.220] It has to do with magistrates have to, that is their duty to accept criminal complaints [25:50.220 --> 25:58.220] And a district attorney has to accept it and reduce it to an information and submit it to a grand jury if the complaint is against a public servant [25:58.220 --> 26:01.220] And then also grand juries [26:01.220 --> 26:12.220] But nothing directs or assigns a duty to accepting the filing of a criminal complaint or acting upon it to law enforcement, not even elected law enforcement [26:12.220 --> 26:18.220] So I found this quite striking and Randy, I was going to ask you a couple of questions [26:18.220 --> 26:30.220] Number one, in your experience with Johnson County, you were mainly raking the DA and the assistant DA and this judge over the Coles [26:30.220 --> 26:39.220] But if I'm getting this right from what you said, you weren't really going after the sheriff or the sheriff's deputy [26:39.220 --> 26:50.220] So why would the sheriff and the sheriff's deputy in this situation with Larry, why would they be affected by this? [26:50.220 --> 26:58.220] I guess probably because they're afraid that if they don't do what Larry wanted them to that the judge is going to get mad at them [26:58.220 --> 27:00.220] The district judge is going to get mad at them [27:00.220 --> 27:06.220] Well I suspect that after I presented the district attorney to the grand jury [27:06.220 --> 27:13.220] And he had to wonder whether or not he was going to get indicted and thrown out of office [27:13.220 --> 27:20.220] That he sent out a memo and said this kind of nonsense is not going to happen to me again [27:20.220 --> 27:31.220] If you get a complaint against a public official from a citizen, you take that complaint and you get that thing to me [27:31.220 --> 27:34.220] Because he nearly lost his job [27:34.220 --> 27:44.220] So they were, you know, I really gave them a tough time and I'm sure they did not want anything like that to happen again [27:44.220 --> 27:53.220] Now Randy, here's the second question I have for you. Why did you send Larry to the sheriff instead of the district attorney here? [27:53.220 --> 27:58.220] Because this goes to picking your fights [27:58.220 --> 28:05.220] Here we were trying to get these documents filed. We did not need to get in a fight with the county [28:05.220 --> 28:08.220] You weren't trying to stir up the tar baby in other words on this one [28:08.220 --> 28:14.220] No, no, we weren't trying to get them set up. What we wanted, this is what I told Larry [28:14.220 --> 28:22.220] If you go to the sheriff and you make these complaints, the sheriff is going to have to have plausible deniability [28:22.220 --> 28:27.220] So what he'll do is take your complaint and he'll have somebody call the clerk and say [28:27.220 --> 28:33.220] Hey, I got a guy down here that's trying to get me to take criminal complaints against you [28:33.220 --> 28:38.220] You want to kind of explain to me what's going on here? [28:38.220 --> 28:44.220] And that would act as a serious big time red flag to the clerk [28:44.220 --> 28:50.220] And then the clerk would get on the ball and set their arrogance aside [28:50.220 --> 28:56.220] And I told Larry to expect a call from the clerk telling you to come back down and file these documents [28:56.220 --> 29:06.220] But just to make sure, I had him construct a tort letter to the judge of the commissioners court [29:06.220 --> 29:14.220] Notifying them that he had made an attempt to file documents in the record concerning his property [29:14.220 --> 29:19.220] And the clerks had denied him access to the public record [29:19.220 --> 29:31.220] Now, if his property is subsequently sold at a wrongful foreclosure, the county will be liable for his loss [29:31.220 --> 29:40.220] So when you start talking money, everybody gets excited, so I expect the clerk had people calling her from all sides [29:40.220 --> 29:44.220] And he really got her attention [29:44.220 --> 29:49.220] Okay, we'll finish this up and start taking calls when we come back on the other side [29:49.220 --> 29:54.220] Paul in Mississippi, Christopher in Pennsylvania, Johnny in Texas, I see you there [29:54.220 --> 30:00.220] We'll pick you up when we come back or call in number 512-646-1984 [30:07.220 --> 30:11.220] Forget the tanning booths, hours in the sun, and instant tan lotions [30:11.220 --> 30:15.220] There's a much better way to boost your skin color and it's really good for you [30:15.220 --> 30:20.220] I'm Dr. Catherine Albrecht and I'll be back in just a moment with a skin-sational tip [30:20.220 --> 30:22.220] Privacy is under attack [30:22.220 --> 30:25.220] When you give up data about yourself, you'll never get it back again [30:25.220 --> 30:30.220] And once your privacy is gone, you'll find your freedoms will start to vanish too [30:30.220 --> 30:35.220] So protect your rights, say no to surveillance, and keep your information to yourself [30:35.220 --> 30:38.220] Privacy, it's worth hanging on to [30:38.220 --> 30:42.220] This public service announcement is brought to you by StartPage.com [30:42.220 --> 30:46.220] The private search engine alternative to Google, Yahoo, and Bing [30:46.220 --> 30:49.220] Start over with StartPage [30:49.220 --> 30:53.220] Humans prefer a healthy glow, but not the kind from a beach or a bottle [30:53.220 --> 30:56.220] This kind of glow comes from carotenoids [30:56.220 --> 31:01.220] Carotenoids are red and yellow antioxidants found in foods like carrots, spinach, and pumpkins [31:01.220 --> 31:04.220] Researchers say that people who eat lots of fruits and veggies [31:04.220 --> 31:08.220] have higher levels of carotenoids in their skin and a more yellow hue to their face [31:08.220 --> 31:10.220] And people like it [31:10.220 --> 31:12.220] Study participants were shown images of a face [31:12.220 --> 31:16.220] The original one mimicked a suntan and one mimicked carotenoid coloring [31:16.220 --> 31:19.220] The carotenoid look was judged most healthy [31:19.220 --> 31:21.220] So instead of basking in the sun, hit the salad bar [31:21.220 --> 31:24.220] It's better for you and you'll look healthier for it [31:24.220 --> 31:28.220] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com [31:28.220 --> 31:34.220] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th [31:34.220 --> 31:36.220] The government says that fire brought it down [31:36.220 --> 31:41.220] However, 1,500 architects and engineers concluded it was a controlled demolition [31:41.220 --> 31:44.220] Over 6,000 of my fellow service members have given their lives [31:44.220 --> 31:47.220] But thousands of my fellow first responders are dying [31:47.220 --> 31:48.220] I'm not a conspiracy theorist [31:48.220 --> 31:49.220] I'm a structural engineer [31:49.220 --> 31:51.220] I'm a New York City correction officer [31:51.220 --> 31:52.220] I'm an Air Force pilot [31:52.220 --> 31:53.220] I'm a father who lost his son [31:53.220 --> 31:54.220] We're Americans [31:54.220 --> 31:58.220] And we deserve the truth [31:58.220 --> 32:25.220] Go to RememberBuilding7.org today [32:28.220 --> 32:32.220] Unfortunately, that puts most Americans at risk of catching stupidity [32:32.220 --> 32:33.220] But there is hope [32:33.220 --> 32:39.220] The staff at Brave New Books have helped me and thousands of other foxaholics suffering from sports zombieism recover [32:39.220 --> 32:46.220] And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested [32:46.220 --> 32:53.220] So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 [32:53.220 --> 32:57.220] Or visit them in 1904 Guadalupe or BraveNewBookstore.com [32:57.220 --> 33:02.220] Side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning [33:27.220 --> 33:56.220] Okay, folks, we are back. This is the rule of law, June 27 [33:56.220 --> 34:03.220] And we are here discussing, basically we're crowing up on Larry's behalf [34:03.220 --> 34:17.220] So, Randy, I had a couple of questions, I had a question here about this tort letter that Larry sent to the head judge on the county commissioner's court [34:17.220 --> 34:27.220] Now, I'm pretty sure I already know the answer, but I just want you to clarify and expound for the sake of our listeners and to make sure that I understand fully [34:27.220 --> 34:37.220] Typically, you don't want to send letters to the judge because that could be considered ex parte communication and stuff like that [34:37.220 --> 34:50.220] But this was the judge on the county commissioner's court and so I guess my question is, is it because it's the county commissioner's that it's okay to send them a letter [34:50.220 --> 34:57.220] Or is it because it's just a different, or is it just because it's a different court that it's okay to send the letter [34:57.220 --> 35:02.220] No, county commissioner's is not really a court [35:02.220 --> 35:06.220] Okay, so is he really a judge then? [35:06.220 --> 35:07.220] No, no [35:07.220 --> 35:09.220] Then why do they call him a judge? [35:09.220 --> 35:17.220] He's the county judge, there is a county judge at law, that's the one that has the judicial power [35:17.220 --> 35:26.220] The county judge just presides over the county commissioner's court, he's kind of like the county mayor [35:26.220 --> 35:37.220] If you think of him in those terms, but that's all his position amounts to as concerns of being a judge [35:37.220 --> 35:50.220] Okay, so are you saying that this judge that is like presiding over the commissioners, he is the county judge at law so he also [35:50.220 --> 35:51.220] No, no [35:51.220 --> 35:52.220] Okay [35:52.220 --> 35:54.220] He's a county judge [35:54.220 --> 35:55.220] He's a county judge [35:55.220 --> 36:05.220] One, the judge that's elected to enforce the criminal and civil that holds court and has judicial power, that's the county judge at law [36:05.220 --> 36:09.220] Okay, so it's different, two totally different things [36:09.220 --> 36:12.220] Yeah, it's absolutely confusing [36:12.220 --> 36:19.220] So when they say the head judge of the county commissioner's court, he's not really a judge [36:19.220 --> 36:30.220] No, it's just a kind of an honorary position, he would be like calling him the mayor of Austin [36:30.220 --> 36:32.220] Then why do they call him a judge? [36:32.220 --> 36:35.220] I don't know why they did that, it made things confusing [36:35.220 --> 36:37.220] Yes, it makes it very confusing [36:37.220 --> 36:42.220] There was another question you wanted to ask and you both forgot it [36:42.220 --> 36:54.220] No, I remember what it is, so that's a moot point then, so it's a moot point because it's not really a judge, but in general you don't want to write real judge's letters [36:54.220 --> 37:05.220] Even if there's not a case, it's just not the appropriate thing to do, you address the court directly as an entity [37:05.220 --> 37:13.220] And so you would file documents with the clerk of the court, you don't have communication directly with a judge [37:13.220 --> 37:15.220] Okay, so the second question [37:15.220 --> 37:17.220] Let me expound a little bit on that [37:17.220 --> 37:18.220] Okay, go ahead [37:18.220 --> 37:28.220] You can talk to the judge about court matters, not about a case, but you could contact the judge and say [37:28.220 --> 37:35.220] You know, one of your seats out there and he's breaking down and got a splinter in my behind, get somebody to fix it [37:35.220 --> 37:47.220] Or if you have a problem with someone in the courthouse that the judge oversees, you can talk to him about administrative things [37:47.220 --> 37:55.220] Like I'm calling judges now trying to find out who the smartest lawyers that come before them are [37:55.220 --> 38:01.220] And the first thing they tell me is they can't recommend a lawyer, and I say, no, no, I don't have a case [38:01.220 --> 38:08.220] I said, I need a lawyer to do something that's not really about law, it's about something else, and I'm trying to find the smartest one [38:08.220 --> 38:14.220] You know, you can talk to them about that, as long as it doesn't compromise the case that they're in [38:14.220 --> 38:21.220] However, it's best to always go through the judge's coordinator and let her run interference [38:21.220 --> 38:31.220] Okay, with that said, there was another question you had on break about why the sheriff instead of the district attorney or someone else [38:31.220 --> 38:38.220] And the reason for that is we wanted to pick our battles very carefully [38:38.220 --> 38:42.220] In this case, we didn't want to fight with Johnson County [38:42.220 --> 38:46.220] All we wanted was these documents filed [38:46.220 --> 38:51.220] So we look at the best way to get this done, the prosecutor would have caused a fight [38:51.220 --> 38:57.220] Because he wouldn't want to take complaints against the clerk [38:57.220 --> 39:10.220] Because then he would have, we would have affected, we would have, I've lost the term, invoked his duty [39:10.220 --> 39:13.220] We didn't want to invoke any duties [39:13.220 --> 39:22.220] So we go to the sheriff and complain as opposed to filing a verified criminal affidavit [39:22.220 --> 39:27.220] So he went down there with his information and complained [39:27.220 --> 39:34.220] Now this doesn't invoke a specific duty, as you clearly said earlier on the part of the sheriff [39:34.220 --> 39:44.220] But we know what the sheriff is going to do, you know, he has to cover his behind to make sure there's not something serious going on that he's missing [39:44.220 --> 39:53.220] So what he's going to do is have somebody call down there and say, hey guy, I got somebody down here who's trying to get me to arrest you [39:53.220 --> 39:56.220] You want to tell me what this is all about? [39:56.220 --> 40:03.220] Because you have to remember the sheriff and all these deputies deal with these clerks all the time so they all know one another [40:03.220 --> 40:09.220] So they're going to call them and say, what is going on here? This guy's trying to get me to take a criminal complaint and arrest you [40:09.220 --> 40:15.220] And we figured that, you know, this would get the clerk's attention [40:15.220 --> 40:22.220] But since the sheriff and the clerks are pretty closely tied, we, you know, kind of thought about it [40:22.220 --> 40:25.220] And I said, well, maybe we need a little insurance [40:25.220 --> 40:28.220] So that's why we asked him to do the tort letter [40:28.220 --> 40:32.220] It's like chicken soup, it couldn't hurt anything [40:32.220 --> 40:37.220] No, I think that it was, I think it was very, I think it's very effective [40:37.220 --> 40:44.220] I think the combination of civil action or, you know, tort letters or even filing lawsuits if necessary combined with a criminal [40:44.220 --> 40:47.220] I think it's a wonderful two-pronged approach [40:47.220 --> 40:50.220] Now, I did have one comment before we go to the calls [40:50.220 --> 40:58.220] All right, here is one of my concerns about this situation in general [40:58.220 --> 41:05.220] Okay, because of your history of raking, you know, the district attorney and assistant district attorney and this judge over the calls [41:05.220 --> 41:11.220] This sheriff is paying attention to what's going on here with Larry and taking it seriously and all of that [41:11.220 --> 41:20.220] All right, and as a result, mission accomplished, the documents got filed, the district clerk called up Larry and said, come on down [41:20.220 --> 41:29.220] Okay, thanks Randy, the district clerk called him up and said, come on down and file the documents [41:29.220 --> 41:31.220] All right, documents filed, mission accomplished [41:31.220 --> 41:41.220] But here's my concern, she, this clerk, all right, she may have told the line this time now because of what Larry did [41:41.220 --> 41:49.220] But she's going to get right back up on her arrogant high horse and get all uppity again [41:49.220 --> 41:57.220] Immediately for the next person that walks up to her that tries to file something that she thinks doesn't look quite right [41:57.220 --> 42:06.220] And so my concern is if the next guy or girl that comes along doesn't know what to do [42:06.220 --> 42:11.220] Well, then she's just going to keep victimizing people that come up [42:11.220 --> 42:18.220] And so here's my proposal, this is a postulation here [42:18.220 --> 42:26.220] All right, I think that at some point, even if we get mission accomplished, the document filed [42:26.220 --> 42:32.220] As you always say, Randy, guess what? The bell has already been rung [42:32.220 --> 42:34.220] You can't unring the bell [42:34.220 --> 42:45.220] She already denied Larry access to the court and already committed official oppression by not letting him file the documents two days ago or yesterday or whatever it was [42:45.220 --> 42:51.220] And I think at some point we're going to have to just go after these clerks anyway [42:51.220 --> 42:56.220] Even though they say, oh, okay, okay, never mind, never mind, I'll file the document [42:56.220 --> 43:00.220] Because I think at some point we're going to have to start making examples out of these people [43:00.220 --> 43:06.220] And costing them their jobs or possibly even getting prosecuted or pulled up in front of a grand jury [43:06.220 --> 43:14.220] Even if they don't get indicted so that they won't do it to another victim who may not listen to this radio show [43:14.220 --> 43:19.220] And who may not know how to handle the situation by filing criminal charges, etc. [43:19.220 --> 43:24.220] Do you see what I'm saying, Randy? I think it's time that we start taking the next step here [43:24.220 --> 43:30.220] I agree that we need more than just this [43:30.220 --> 43:36.220] But in this case, that wasn't the fight that was the most important at the moment [43:36.220 --> 43:38.220] I realize that [43:38.220 --> 43:44.220] And we will, you know, this is what our show is about [43:44.220 --> 43:47.220] Look, there's a two year statute of limitations [43:47.220 --> 43:50.220] And so after Larry gets out from underneath all of this [43:50.220 --> 43:54.220] He can always go back after this clerk again in a few months or a year or so [43:54.220 --> 43:57.220] Alright, listen folks, we will be right back and we'll take your calls [43:57.220 --> 43:58.220] This is the rule of law [44:03.220 --> 44:06.220] Mr. President, members of Congress [44:06.220 --> 44:10.220] You've been making a lot of noise about taking our guns away [44:10.220 --> 44:12.220] But you might want to review history [44:12.220 --> 44:16.220] 1835, Gonzales, Texas territory [44:16.220 --> 44:21.220] The authorities wanted to confiscate the big gun that protected that colony [44:21.220 --> 44:23.220] You know what the people said? [44:23.220 --> 44:25.220] Come and take it [44:25.220 --> 44:27.220] Because they were willing to fight [44:27.220 --> 44:29.220] For their freedom [44:29.220 --> 44:31.220] And their guns [44:31.220 --> 44:32.220] So are we [44:32.220 --> 44:38.220] Come and take it if you want it Come and take it if you think you can [44:38.220 --> 44:41.220] Come and take it, but I warn you [44:41.220 --> 44:44.220] You'll have to pry it from our cold dead hands [44:44.220 --> 44:48.220] We want the freedom that God gave us [44:48.220 --> 44:51.220] So you best not cross that line [44:51.220 --> 44:56.220] If you want this gun, you gotta come through us and take it [44:56.220 --> 44:58.220] One shot at a time [44:58.220 --> 45:00.220] Just like Gonzales [45:00.220 --> 45:02.220] We're keeping our guns [45:30.220 --> 45:33.220] A jurisdictionary was created by a licensed attorney [45:33.220 --> 45:36.220] With 22 years of case winning experience [45:36.220 --> 45:38.220] Even if you're not in a lawsuit [45:38.220 --> 45:41.220] You can learn what everyone should understand [45:41.220 --> 45:45.220] About the principles and practices that control our American courts [45:45.220 --> 45:50.220] You'll receive our audio classroom, video seminar, tutorials [45:50.220 --> 45:54.220] Forms for civil cases, pro se tactics, and much more [45:54.220 --> 45:57.220] Please visit RuleOfLawRadio.com [45:57.220 --> 46:03.220] And click on the banner or call toll free 866-LAW-EASY [46:22.220 --> 46:24.220] Okay folks, we are back [46:24.220 --> 46:28.220] This is the rule of law, Randy Kelton, Deborah Stevens, Eddie Craig [46:28.220 --> 46:32.220] Eddie is on the air on Monday nights [46:32.220 --> 46:36.220] Dedicated to traffic and other issues that he handles [46:36.220 --> 46:40.220] And we are going to go to your calls now [46:40.220 --> 46:42.220] We've got Paul from Mississippi [46:42.220 --> 46:44.220] Paul, thank you for calling in [46:44.220 --> 46:46.220] What is your question or comment for us tonight? [46:46.220 --> 46:51.220] Well Deborah, I know that this topic is really going to strike a chord with you [46:51.220 --> 46:54.220] It involves a dog roaming the neighborhood [46:54.220 --> 46:59.220] I witnessed my neighbor shoot my other neighbor's dog [46:59.220 --> 47:02.220] About two months ago [47:02.220 --> 47:04.220] And went to court today [47:04.220 --> 47:05.220] I was a witness [47:05.220 --> 47:09.220] I responded to a subpoena to appear in court today [47:09.220 --> 47:13.220] And we sat in court and waited and waited [47:13.220 --> 47:19.220] To be called to testify whatever the judge needed us to do [47:19.220 --> 47:21.220] And they never called us [47:21.220 --> 47:24.220] Towards the end, we sat there for about three hours [47:24.220 --> 47:29.220] And the clerk asked if we hadn't been called to step forward [47:29.220 --> 47:33.220] And come talk to the clerk and see what was going on [47:33.220 --> 47:39.220] And we found out that there never was going to be anything to do with our trial today [47:39.220 --> 47:42.220] Because there had been a continuance [47:42.220 --> 47:46.220] And I work away from home [47:46.220 --> 47:49.220] I drove home, a three hour drive [47:49.220 --> 47:54.220] And missed an entire day's work only to find out that [47:54.220 --> 48:00.220] There were some documents in the court file that [48:00.220 --> 48:05.220] There was a continuance and we were never notified [48:05.220 --> 48:08.220] After sitting in court for three hours [48:08.220 --> 48:12.220] We found out that there never was going to be [48:12.220 --> 48:15.220] Okay, well Paul, let me ask you something [48:15.220 --> 48:21.220] If you were a witness, were you subpoenaed by the state [48:21.220 --> 48:27.220] Or by the defendant in this case to be a witness [48:27.220 --> 48:34.220] Or were you going there voluntarily at someone's request to be a witness? [48:34.220 --> 48:37.220] The justice court judge subpoenaed me [48:37.220 --> 48:40.220] The justice court judge subpoenaed you [48:40.220 --> 48:44.220] Somebody would have had to petition for that subpoena [48:44.220 --> 48:46.220] Do you know who? [48:46.220 --> 48:50.220] Okay, well wait, if the judge subpoenaed [48:50.220 --> 48:54.220] And he knew you weren't going to have court [48:54.220 --> 48:57.220] Send the court to be for your time [48:57.220 --> 48:59.220] Yeah, that's what I was going to say [48:59.220 --> 49:01.220] You'll love this [49:01.220 --> 49:08.220] The way I found out, we were given the new date [49:08.220 --> 49:10.220] And I told the clerk in court [49:10.220 --> 49:13.220] I said, well I need something to prove that I was here today [49:13.220 --> 49:17.220] I said, go down to the front office, to the justice court office [49:17.220 --> 49:20.220] And they'll give you something saying that you were here today [49:20.220 --> 49:21.220] And she did [49:21.220 --> 49:26.220] And I said, while I was there, I said, I also need a certified copy of this case [49:26.220 --> 49:29.220] Oh no, oh no, the judge should not [49:29.220 --> 49:32.220] And they didn't want the two different clerks [49:32.220 --> 49:34.220] Said no, no, you'll have to go see the judge [49:34.220 --> 49:38.220] So they instructed me to go back in the court [49:38.220 --> 49:41.220] So I walked back in court and sat [49:41.220 --> 49:47.220] And they were trying to clear the courtroom because they had a couple of trials, I guess [49:47.220 --> 49:50.220] And they said anybody hadn't seen the judge yet [49:50.220 --> 49:52.220] So I walked up again [49:52.220 --> 49:57.220] And I said, well I drove three hours and I lost a day's work [49:57.220 --> 50:02.220] And I want a certified copy of this case [50:02.220 --> 50:06.220] And the judge in open court said, well why do you want to see that? [50:06.220 --> 50:10.220] And I said, well I lost a day's work [50:10.220 --> 50:16.220] And I understand that she didn't have a right to ask me why I wanted to see that [50:16.220 --> 50:20.220] And I wanted to instruct the bailiff to drag her down off [50:20.220 --> 50:23.220] And escort her out in handcuffs [50:23.220 --> 50:25.220] But I was a little frightened [50:25.220 --> 50:27.220] Well the clerk didn't have [50:27.220 --> 50:29.220] That's okay, you don't have to do that [50:29.220 --> 50:36.220] Yeah, these clerks did not have the authority to deny you access to the court records either [50:36.220 --> 50:38.220] That's official oppression right there [50:38.220 --> 50:44.220] Well not only did the clerks deny it, but the judge denied me these records in open court [50:44.220 --> 50:49.220] And forgive me, it was a district attorney or the prosecuting attorney was standing right there [50:49.220 --> 50:52.220] And I asked the judge point blank in open court [50:52.220 --> 50:54.220] Can I have these certified records? [50:54.220 --> 50:59.220] And she looked at this attorney standing there in front of her [50:59.220 --> 51:02.220] And you could tell that he knew what was going on [51:02.220 --> 51:05.220] Yeah, that is a big no-no [51:05.220 --> 51:08.220] I mean look, as far as witnesses are concerned [51:08.220 --> 51:11.220] And looking at documents of the case [51:11.220 --> 51:14.220] You're a member of the public, you can see anything that's been filed [51:14.220 --> 51:17.220] It's a matter of court records which are open [51:17.220 --> 51:24.220] The only thing that is barred from a witness being involved with in a case [51:24.220 --> 51:29.220] Is if there are multiple witnesses that are going to testify [51:29.220 --> 51:37.220] They won't allow the other witnesses to be in the courtroom to watch each other's testimony [51:37.220 --> 51:44.220] Because then people can collaborate and fabricate lies and get each other's stories straight [51:44.220 --> 51:52.220] And so to keep people honest and to keep the testimony completely above board and real [51:52.220 --> 51:57.220] They won't let witnesses watch each other's testimony on the witness stand during hearings [51:57.220 --> 52:00.220] But other than that, you get to see everything [52:00.220 --> 52:03.220] And you can see the transcripts after the fact too [52:03.220 --> 52:06.220] So this is ridiculous, this is official oppression [52:06.220 --> 52:09.220] This is exactly a similar thing to what Larry went through [52:09.220 --> 52:11.220] Go ahead, Randy [52:11.220 --> 52:14.220] Yes, and the lawyer [52:14.220 --> 52:19.220] Under the American Bar Association standards for the prosecutorial function [52:19.220 --> 52:23.220] That lawyer had a duty [52:23.220 --> 52:31.220] Wait a minute, was he a prosecutor or a counsel for someone else? [52:31.220 --> 52:36.220] He was the one bringing all of the cases before the judge [52:36.220 --> 52:39.220] He was probably a prosecutor then [52:39.220 --> 52:46.220] He had a duty to notify the judge that what the judge was doing was improper [52:46.220 --> 52:49.220] So file a bar grievance against that lawyer [52:49.220 --> 52:56.220] And that lawyer will have a conniption fit at the judge [52:56.220 --> 53:00.220] Yeah, and a judicial conduct complaint against the judge too [53:00.220 --> 53:05.220] And if the judge is an attorney, which I'm sure he is, you've bar grieved the judge too [53:05.220 --> 53:11.220] Okay, the icing on the cake is the clerk was flipping through the file as all this was going on [53:11.220 --> 53:14.220] And she said, okay judge, here's the continuance [53:14.220 --> 53:18.220] You received this continuance a few days ago [53:18.220 --> 53:22.220] In other words, the judge, the court knew that there was going to be a continuance [53:22.220 --> 53:26.220] She said, oh but judge, you never signed it [53:26.220 --> 53:33.220] The subpoena was set out on the 13th of this month [53:33.220 --> 53:39.220] The judge received, the lawyer requested a continuance on the 18th [53:39.220 --> 53:43.220] The clerk read that aloud in court and said, oh here it is, it's on the 18th [53:43.220 --> 53:45.220] The request for the continuance [53:45.220 --> 53:49.220] They knew that there wasn't going to be court, that we weren't going to be called today [53:49.220 --> 53:53.220] But I went through all this trouble, all this time and expense to show up and be there [53:53.220 --> 53:56.220] When they knew the whole time that we weren't [53:56.220 --> 54:02.220] You can construe that as abuse of process [54:02.220 --> 54:08.220] You might look in your penal code for abuse of process [54:08.220 --> 54:15.220] Yeah, and criminal complaints against the clerks and against the judge as well [54:15.220 --> 54:17.220] For not letting you have the court records [54:17.220 --> 54:21.220] And in the meantime Paul, if you really want the court records, just send somebody else down there to get them [54:21.220 --> 54:23.220] Yeah [54:23.220 --> 54:25.220] Well fantastic, fantastic [54:25.220 --> 54:28.220] But yeah, you need to file criminal charges [54:28.220 --> 54:30.220] And I would send a bill [54:30.220 --> 54:33.220] Send a bill for your time and your travel and everything else [54:33.220 --> 54:36.220] Whatever money you would have made at work [54:36.220 --> 54:38.220] That's your travel expenses [54:38.220 --> 54:42.220] I don't know what the standard mileage is now [54:42.220 --> 54:45.220] But find out what standard mileage is [54:45.220 --> 54:48.220] And bill them for your travel expenses [54:48.220 --> 54:50.220] Bill them for your time [54:50.220 --> 54:53.220] And start filing criminal charges against these people [54:53.220 --> 54:56.220] For denying you the court records [54:56.220 --> 55:00.220] And in the meantime get somebody else to pull them [55:00.220 --> 55:06.220] The sheriff of East Mississippi is just fixing to get the routine as Randy [55:06.220 --> 55:08.220] Good deal, good man [55:08.220 --> 55:12.220] Now Randy, in this situation should he go to the sheriff [55:12.220 --> 55:18.220] Or should he do the tar baby thing and go to the district attorney and stir everything up [55:18.220 --> 55:21.220] I'm thinking it's time to stir everything up [55:21.220 --> 55:25.220] Here, yeah, I would do the bar grievances [55:25.220 --> 55:27.220] Bar grieve the judge [55:27.220 --> 55:31.220] If this is a low level, like a municipal judge or a JP judge [55:31.220 --> 55:35.220] Then he's probably practicing law [55:35.220 --> 55:37.220] He probably has his bar card [55:37.220 --> 55:39.220] So bar grieve them both [55:39.220 --> 55:41.220] Judicial conduct complaint the judge [55:41.220 --> 55:45.220] Send a bill to the clerk for your time [55:45.220 --> 55:48.220] And the criminal complaints Randy [55:48.220 --> 55:51.220] And who does he file the criminal complaints with [55:51.220 --> 55:59.220] And look at the code for abusive process or in Texas it would be official oppression [55:59.220 --> 56:04.220] In Mississippi and most other states it's not official oppression [56:04.220 --> 56:06.220] It's official misconduct [56:06.220 --> 56:09.220] Look for either one of those statutes [56:09.220 --> 56:15.220] And go to the sheriff and make your complaint against the sheriff [56:15.220 --> 56:18.220] And it's just kind of running the routine [56:18.220 --> 56:22.220] The sheriff will, you know the judge will have the sheriff calling him [56:22.220 --> 56:25.220] Telling him this guy is trying to get you arrested, what's going on here [56:25.220 --> 56:28.220] And this will get some politics [56:28.220 --> 56:30.220] They may actually pay you for your time [56:30.220 --> 56:32.220] Hey, here's another thing Randy [56:32.220 --> 56:38.220] If they don't pay, you have to put a remittance date when you send someone a bill [56:38.220 --> 56:43.220] Like payment due within 10 business days or whatever [56:43.220 --> 56:50.220] Okay, if they don't pay you within the allotted time frame, then you start collections activity against them [56:50.220 --> 56:54.220] And if they don't, if they still won't pay, take them to small claims court [56:54.220 --> 56:57.220] You sue whatever, this is a county court [56:57.220 --> 57:02.220] You sue the county court in small claims court to recover the amount of the bill [57:02.220 --> 57:07.220] And the basis for all of that is the abusive process [57:07.220 --> 57:10.220] Because they have to notify you if there's going to be a continuance [57:10.220 --> 57:14.220] Because the court subpoenaed you, that's why I was asking that question earlier [57:14.220 --> 57:21.220] Because if you were just going voluntarily because someone asked you to back them up or something [57:21.220 --> 57:23.220] Then you don't really have a claim against the court [57:23.220 --> 57:25.220] I say small claims court [57:25.220 --> 57:29.220] You should report them to the credit reporting agencies [57:29.220 --> 57:31.220] Yeah, yeah [57:31.220 --> 57:35.220] When you put a mark on their credit, they're going to go ballistic [57:35.220 --> 57:41.220] If they don't pay, yeah, you get the EIN number, get the TIN number of the court [57:41.220 --> 57:46.220] All these courts are corporations, they have to incorporate in order to do business [57:46.220 --> 57:52.220] I'm not so sure I buy into this bit about, oh they're not real courts because they're a corporation [57:52.220 --> 58:02.220] They have to form some kind of business structure in order to, you know, buy toilet paper for the bathrooms [58:02.220 --> 58:05.220] Okay, they've got to pay the maid service [58:05.220 --> 58:08.220] They have to have some kind of a business structure [58:08.220 --> 58:13.220] So whether it's a corporation or a trust or an LLC, I mean, what does it matter? [58:13.220 --> 58:17.220] I'm not really sure, you know, I buy into that whole deal [58:17.220 --> 58:24.220] But the bottom line is you find out what the EIN number is of the court [58:24.220 --> 58:28.220] And if they don't pay the bill, then you report them to the credit bureaus [58:28.220 --> 58:29.220] Fantastic [58:29.220 --> 58:32.220] And if they still won't, that's part of your collections activity [58:32.220 --> 58:40.220] If they still won't pay, then you sue them in small, sue the county court in small claims court [58:40.220 --> 58:42.220] See how they like those cookies, okay? [58:42.220 --> 58:43.220] Fantastic [58:43.220 --> 58:45.220] All right, Paul, thanks for calling in [58:45.220 --> 58:48.220] All right, we will be right back on the other side [58:48.220 --> 58:50.220] This is the rule of law [58:50.220 --> 58:54.220] The Bible remains the most popular book in the world [58:54.220 --> 58:58.220] Yet countless readers are frustrated because they struggle to understand it [58:58.220 --> 59:02.220] Some new translations try to help by simplifying the text [59:02.220 --> 59:07.220] But in the process can compromise the profound meaning of the scripture [59:07.220 --> 59:09.220] Enter the recovery version [59:09.220 --> 59:13.220] First, this new translation is extremely faithful and accurate [59:13.220 --> 59:18.220] But the real story is the more than 9,000 explanatory footnotes [59:18.220 --> 59:22.220] Difficult and profound passages are opened up in a marvelous way [59:22.220 --> 59:28.220] Providing an entrance into the riches of the word beyond which you've ever experienced before [59:28.220 --> 59:33.220] Bibles for America would like to give you a free recovery version simply for the asking [59:33.220 --> 59:39.220] This comprehensive yet compact study Bible is yours just by calling us toll free [59:39.220 --> 59:44.220] At 1-888-551-0102 [59:44.220 --> 59:48.220] Or by ordering online at FreeStudyBible.com [59:48.220 --> 59:53.220] That's FreeStudyBible.com [59:53.220 --> 59:57.220] You're listening to the Logos Radio Network [59:57.220 --> 01:00:03.220] At LogosRadioNetwork.com [01:00:03.220 --> 01:00:06.220] You're listening to the Liberty Beats [01:00:06.220 --> 01:00:10.220] Your daily source for Liberty News and activist updates [01:00:10.220 --> 01:00:15.220] Online at TheLibertyBeat.com [01:00:15.220 --> 01:00:19.220] John Bush here with your Liberty Beat for June 19th, 2013 [01:00:19.220 --> 01:00:22.220] Gold opened today at $1,375 [01:00:22.220 --> 01:00:25.220] Silver at $21.71 [01:00:25.220 --> 01:00:28.220] And Bitcoin is trading at $108 [01:00:28.220 --> 01:00:31.220] Support for the Liberty Beat comes from great new books [01:00:31.220 --> 01:00:34.220] Freethinking Materials and Freethinking People since 2006 [01:00:34.220 --> 01:00:37.220] In Austin and 1904 Guadalupe Street [01:00:37.220 --> 01:00:39.220] And at Forkfest at Site 26 [01:00:39.220 --> 01:00:42.220] Also support comes from Central Texas Gunworks [01:00:42.220 --> 01:00:45.220] CHL courses, self-defense training, and firearm sales [01:00:45.220 --> 01:00:48.220] Online at CentralTexasGunworks.com [01:00:48.220 --> 01:00:49.220] And now the news [01:00:49.220 --> 01:00:52.220] On Tuesday morning a group of around 50 Houstonians [01:00:52.220 --> 01:00:56.220] Protested outside the office of US Representative Sheila Jackson Lee [01:00:56.220 --> 01:00:59.220] The group was rallying in support of the Second Amendment [01:00:59.220 --> 01:01:01.220] As well as the Armed Citizens Project [01:01:01.220 --> 01:01:04.220] The Armed Citizens Project gained the attention last week [01:01:04.220 --> 01:01:07.220] When Oak Forest neighborhood of Houston became the first in the country [01:01:07.220 --> 01:01:10.220] To experience a free gun giveaway for single mothers [01:01:10.220 --> 01:01:15.220] Sheila Jackson Lee spoke in opposition to the ACP's gun sharing program [01:01:15.220 --> 01:01:18.220] And in favor of universal background checks for gun purchases [01:01:18.220 --> 01:01:21.220] Kyle Copeland, founder of the Armed Citizens Project [01:01:21.220 --> 01:01:26.220] Says he believes an educated and armed citizenry is key to reducing crime [01:01:31.220 --> 01:01:34.220] Tuesday Google filed a legal challenge against gag orders [01:01:34.220 --> 01:01:38.220] That came with the FISA Court orders it received from the FBI and NSA [01:01:38.220 --> 01:01:40.220] Google is arguing that the silence orders [01:01:40.220 --> 01:01:42.220] Infringe upon the company's First Amendment rights [01:01:42.220 --> 01:01:45.220] To speak freely about the data requests from the government [01:01:45.220 --> 01:01:47.220] According to a court motion filed by Google [01:01:47.220 --> 01:01:50.220] They are seeking to release information on the amount of data requests [01:01:50.220 --> 01:01:52.220] And specific user information [01:01:52.220 --> 01:01:54.220] Currently under the FISA Act [01:01:54.220 --> 01:01:56.220] Google is not allowed to disclose publicly [01:01:56.220 --> 01:01:58.220] The number of requests it gets for data [01:01:58.220 --> 01:02:00.220] The public requests have only come about [01:02:00.220 --> 01:02:02.220] In light of recently leaked information [01:02:02.220 --> 01:02:04.220] Regarding the PRISM software [01:02:04.220 --> 01:02:06.220] And after the Director of National Intelligence [01:02:06.220 --> 01:02:08.220] Acknowledged that the service providers [01:02:08.220 --> 01:02:11.220] Have received Foreign Intelligence Surveillance Act requests [01:02:16.220 --> 01:02:18.220] São Paulo, Brazil continues to be the scene [01:02:18.220 --> 01:02:20.220] Of another night of protests [01:02:20.220 --> 01:02:22.220] Demonstrators are calling for a more responsive government [01:02:22.220 --> 01:02:24.220] And have expressed a general anger [01:02:24.220 --> 01:02:26.220] Towards the government financial priorities [01:02:26.220 --> 01:02:28.220] Protests have been organized by university students [01:02:28.220 --> 01:02:31.220] And a group called the Free Fair Movement [01:02:31.220 --> 01:02:33.220] Which is called for free public transportation [01:02:33.220 --> 01:02:36.220] Pictures of the scene show protesters clashing with riot police [01:02:36.220 --> 01:02:39.220] These latest clashes come after accusations last week [01:02:39.220 --> 01:02:41.220] Of police brutality [01:02:41.220 --> 01:02:43.220] And the targeting of journalists [01:02:45.220 --> 01:02:47.220] Support for the Liberty Beat comes from tomorrow's meals today [01:02:47.220 --> 01:02:49.220] South Austin Market Days every Saturday [01:02:49.220 --> 01:02:53.220] From 3 to 7 p.m. at 10106 Manchac Road [01:02:53.220 --> 01:02:55.220] And from Capital City Automotive [01:02:55.220 --> 01:02:57.220] Honest, reliable auto care for vehicles [01:02:57.220 --> 01:03:03.220] Foreign and domestic [01:03:27.220 --> 01:03:29.220] Ah, ah [01:03:29.220 --> 01:03:31.220] Ah, ah [01:03:31.220 --> 01:03:33.220] Ah, ah [01:03:33.220 --> 01:03:35.220] Ah, ah [01:03:35.220 --> 01:03:37.220] Ah [01:03:37.220 --> 01:03:39.220] Ah, ah [01:03:39.220 --> 01:03:41.220] Ah [01:03:41.220 --> 01:03:43.220] Ah [01:03:43.220 --> 01:03:45.220] Ah [01:03:45.220 --> 01:03:47.220] Ah [01:03:47.220 --> 01:03:49.220] Ah [01:03:49.220 --> 01:03:51.220] Ah [01:03:51.220 --> 01:03:53.220] Okay, we are back [01:03:53.220 --> 01:03:55.220] Brandi Kelton, Debra Stevens, Lay Wuh, Radio [01:03:55.220 --> 01:03:56.220] Hi, Randy. [01:03:56.220 --> 01:03:57.220] Hi, Deb. [01:03:57.220 --> 01:03:58.220] How are you? [01:03:58.220 --> 01:03:59.220] Hello. [01:03:59.220 --> 01:04:00.220] Doing well. [01:04:00.220 --> 01:04:09.220] You have a question on mortgage? [01:04:09.220 --> 01:04:10.580] Yes. [01:04:10.580 --> 01:04:18.540] We spoke before about a mortgage issue that we were currently in and had some discovery [01:04:18.540 --> 01:04:27.460] through my homeowner's insurance about the selling of my mortgage, and I noted that on [01:04:27.460 --> 01:04:32.100] my mortgage statement, I was wondering if you had any information or knew anything about [01:04:32.100 --> 01:04:40.820] the IndyMac situation that occurred in 2007 with the FDIC taking over IndyMac and then [01:04:40.820 --> 01:04:52.580] being sold to George Soros and becoming West One, and how what the bank was doing and why [01:04:52.580 --> 01:04:59.140] the FDIC took them over, how that affected those mortgages that were held by IndyMac [01:04:59.140 --> 01:05:02.140] at that time. [01:05:02.140 --> 01:05:09.740] Randy, are you there? [01:05:09.740 --> 01:05:13.620] Somebody is muting my mic again. [01:05:13.620 --> 01:05:22.180] I really don't have any information about what went on with IndyMac in that changeover. [01:05:22.180 --> 01:05:26.060] One of the things, it's not a question I've ever been asked before. [01:05:26.060 --> 01:05:27.060] Yeah. [01:05:27.060 --> 01:05:34.420] I was doing some reading and looking at your advice on finding out the information sending [01:05:34.420 --> 01:05:35.620] this stuff to the mortgage. [01:05:35.620 --> 01:05:42.220] I was the one who was—we have that program here in Pennsylvania where we go in and we [01:05:42.220 --> 01:05:49.740] have this meeting with the bank to try to come to a modification and some kind of compliance [01:05:49.740 --> 01:05:53.420] program they set up. [01:05:53.420 --> 01:06:00.740] And in so doing, I was just reading an article the other day, an old article written in 2011 [01:06:00.740 --> 01:06:09.420] about this gentleman who went through his court case and in his discovery found that [01:06:09.420 --> 01:06:15.460] most of the documents he had from IndyMac were taken away and put in a box and unable [01:06:15.460 --> 01:06:21.820] to attain because the FDIC came in and took over IndyMac because they were selling mortgages [01:06:21.820 --> 01:06:29.940] in the two trusts and trying to double-dip, so to say, I guess. [01:06:29.940 --> 01:06:32.740] The same mortgage into two trusts? [01:06:32.740 --> 01:06:33.740] Yes. [01:06:33.740 --> 01:06:41.980] And I think that was part of the problem they had with the FDIC, but then I think they never [01:06:41.980 --> 01:06:47.140] went into bankruptcy because George Soros came along and bought the whole spiel for [01:06:47.140 --> 01:06:55.620] like $13 billion when it was worth $24 billion and created West 1, and now they're still [01:06:55.620 --> 01:07:00.860] running along, probably still doing the same thing. [01:07:00.860 --> 01:07:07.140] That's one of the things that I'm aware of, but I haven't figured out how to nail [01:07:07.140 --> 01:07:08.140] it down. [01:07:08.140 --> 01:07:17.540] You know, instead of the documents, I make accusations of that nature, that they've [01:07:17.540 --> 01:07:23.660] sold the note into more than one pool, but I haven't been able to find any hard evidence. [01:07:23.660 --> 01:07:29.020] Everything I have concerning that amounts to just accusations. [01:07:29.020 --> 01:07:38.260] Yeah, the problem I was having was that in my discovery of all of the mortgage documents [01:07:38.260 --> 01:07:46.420] that I had from my homeowner's insurance, which showed everyone becoming the new mortgagee [01:07:46.420 --> 01:07:57.860] on my mortgage, was that IndyMac was the only one who changed the loan number in their purchase, [01:07:57.860 --> 01:08:03.140] and my loan number then suddenly changed back to its original loan number when it was bought [01:08:03.140 --> 01:08:05.140] and sold again. [01:08:05.140 --> 01:08:11.320] Does that sound like anything that should be happening, or how could a loan number become [01:08:11.320 --> 01:08:17.300] the same loan number from its origination once it was changed or bought and sold and [01:08:17.300 --> 01:08:20.420] became a new loan number? [01:08:20.420 --> 01:08:30.560] That is a very good question, and I wouldn't know how to answer it, but even if I could [01:08:30.560 --> 01:08:41.500] figure that out, I pretty well stay with what can be reflected as a claim. [01:08:41.500 --> 01:08:48.620] I don't think that loan numbers will be as important as the underlying transaction. [01:08:48.620 --> 01:08:55.820] Right, which weren't aligned or don't show up in any record, other than my homeowner's, [01:08:55.820 --> 01:08:59.620] which just happened to the court. [01:08:59.620 --> 01:09:09.620] What does your property code say about who can express a claim against property? [01:09:09.620 --> 01:09:11.700] Let me preface the question. [01:09:11.700 --> 01:09:24.380] In Texas, in the government code under 51901, it defines who can exercise a claim against [01:09:24.380 --> 01:09:32.380] property, or who can file a document making a claim against property, and it's very [01:09:32.380 --> 01:09:35.180] clearly defined. [01:09:35.180 --> 01:09:43.720] Does Pennsylvania, I would expect they would have something stipulating what has to be [01:09:43.720 --> 01:09:51.420] filed and when in order to be able to maintain a claim, and that's going to go to chain [01:09:51.420 --> 01:09:53.420] a title. [01:09:53.420 --> 01:09:54.420] Right. [01:09:54.420 --> 01:10:05.780] So, if you can show evidence that these documents have changed hands, and the sale has not been [01:10:05.780 --> 01:10:12.660] reflected in the county record, that would be something that would give you a claim. [01:10:12.660 --> 01:10:18.500] As I understand in Pennsylvania, it's a crime not to do the filing. [01:10:18.500 --> 01:10:19.500] Correct. [01:10:19.500 --> 01:10:25.600] So, okay, so you can show the crime, now you can go to the clean hands doctrine or the [01:10:25.600 --> 01:10:28.540] unclean hands doctrine. [01:10:28.540 --> 01:10:35.180] The courts have held that no man may be allowed to profit from his own misdeeds. [01:10:35.180 --> 01:10:40.800] And just because you can't show how you, well actually you can show how you were harmed. [01:10:40.800 --> 01:10:42.620] Do you have an FHA loan? [01:10:42.620 --> 01:10:45.020] No, I do not. [01:10:45.020 --> 01:10:46.020] Okay. [01:10:46.020 --> 01:10:54.380] So, if you do not have an FHA loan, then you have a stipulation in there, in the mortgage, [01:10:54.380 --> 01:10:59.060] that authorizes the lender to sell a portion of the note or the entire note together with [01:10:59.060 --> 01:11:00.540] this security instrument. [01:11:00.540 --> 01:11:01.540] Right. [01:11:01.540 --> 01:11:03.420] That's section 20. [01:11:03.420 --> 01:11:04.420] Okay. [01:11:04.420 --> 01:11:13.940] If you can show that that has not been, that there has been a transfer, I'm sorry, I went [01:11:13.940 --> 01:11:14.940] to the wrong place. [01:11:14.940 --> 01:11:25.020] I'm going to go to 20, I wanted to go to 16, 15, 15, 15 is the one that requires the lender [01:11:25.020 --> 01:11:32.340] to make all required notices to you by certified mail. [01:11:32.340 --> 01:11:42.580] And the Fair Debt Collections Practices Act requires that all changes in beneficial interest [01:11:42.580 --> 01:11:48.020] be noticed to the borrower. [01:11:48.020 --> 01:11:52.380] So they have a statutory duty to give you notice. [01:11:52.380 --> 01:11:58.140] Under covenant 15, they have a statutory, they have a contractual duty to give you the [01:11:58.140 --> 01:12:07.180] notice by certified mail and under covenant 16, they have a duty to abide by all law. [01:12:07.180 --> 01:12:13.660] The reason I went to all of that dance around, dance around is if you say they broke this [01:12:13.660 --> 01:12:19.760] law, the court's going to say, okay, how are you harmed by the breaking of that law? [01:12:19.760 --> 01:12:25.180] You will say I was harmed by the breaking of that law by breach of contract in that [01:12:25.180 --> 01:12:31.980] under 15, the requirement that I be noticed was not met, so they breached the contract. [01:12:31.980 --> 01:12:36.780] Under 16, they're required to abide by all law and they agreed to it, therefore they [01:12:36.780 --> 01:12:41.260] breached the contract and cannot enforce the mortgage. [01:12:41.260 --> 01:12:43.860] Does that make sense? [01:12:43.860 --> 01:12:46.020] Is it clear where I'm going? [01:12:46.020 --> 01:12:47.020] Right. [01:12:47.020 --> 01:12:48.020] Yes. [01:12:48.020 --> 01:12:50.980] That makes perfect sense. [01:12:50.980 --> 01:12:58.900] So the fact that the loan numbers changed and indication that they changed hands and [01:12:58.900 --> 01:13:08.900] those change, the change that you can document is not reflected in the county record with [01:13:08.900 --> 01:13:19.620] an assignment of the deed of trust to whatever entity that was that changed the number, the [01:13:19.620 --> 01:13:27.380] loan number, then you can infer from that that the note was negotiated to that entity, [01:13:27.380 --> 01:13:35.780] that the deed of trust was not transferred to that entity as required by covenant 20. [01:13:35.780 --> 01:13:38.260] And then you file a notice of default. [01:13:38.260 --> 01:13:42.140] Have you filed a notice of default in the record? [01:13:42.140 --> 01:13:43.140] Not yet. [01:13:43.140 --> 01:13:50.580] Contact Leslie, I just sent her a set of documents that I've been putting together for that purpose. [01:13:50.580 --> 01:13:51.580] Okay. [01:13:51.580 --> 01:13:53.700] Yet we're still- [01:13:53.700 --> 01:13:55.460] She has a copy. [01:13:55.460 --> 01:14:02.260] We have the notice of default and a notice that MERS is fired. [01:14:02.260 --> 01:14:05.540] Oh, I do like that one. [01:14:05.540 --> 01:14:06.540] That was really good. [01:14:06.540 --> 01:14:08.020] I really liked that one. [01:14:08.020 --> 01:14:10.820] Well, what are they going to do? [01:14:10.820 --> 01:14:14.340] They're going to come back and say, well, you can't do that. [01:14:14.340 --> 01:14:15.560] Why not? [01:14:15.560 --> 01:14:16.560] We hired them. [01:14:16.560 --> 01:14:18.540] Oh, we didn't hire them? [01:14:18.540 --> 01:14:20.220] Then they weren't hired in the first place. [01:14:20.220 --> 01:14:23.900] So yeah, that one, I enjoyed that one more than any of them. [01:14:23.900 --> 01:14:33.180] To get those from Leslie and get those filed in the record, this may be, sometimes the [01:14:33.180 --> 01:14:37.020] thing that really works comes out of the blue. [01:14:37.020 --> 01:14:44.760] And this may really stop them in their tracks because once you file it, it's presumed valid [01:14:44.760 --> 01:14:48.940] until they overcome it with a petition for quiet title. [01:14:48.940 --> 01:14:54.100] And when they petition for quiet title, that's when you go to the court and say, hold on [01:14:54.100 --> 01:15:01.700] your honor, you don't have subject matter jurisdiction as the plaintiff lacked agency [01:15:01.700 --> 01:15:09.740] standing and capacity to invoke the subject matter jurisdiction of this court. [01:15:09.740 --> 01:15:16.180] Now because if the judge acts without subject matter jurisdiction, he's potentially liable. [01:15:16.180 --> 01:15:20.860] Now you're more likely to get the judge to say, guys, you need to prove up your position. [01:15:20.860 --> 01:15:25.060] And that's the one thing they do not want to do. [01:15:25.060 --> 01:15:26.060] Okay. [01:15:26.060 --> 01:15:34.380] And I'm sorry I couldn't answer the questions about all of these foreclosures and transfers [01:15:34.380 --> 01:15:41.580] and who's this, I haven't went deeply into that because for the kinds of claims I'm [01:15:41.580 --> 01:15:43.420] making, I haven't needed to go there. [01:15:43.420 --> 01:15:48.220] Yeah, I just wanted to tap your mind to see if there was anything about IndyMac that you [01:15:48.220 --> 01:15:50.980] had heard or come across. [01:15:50.980 --> 01:15:58.700] But the fact that we're in this conciliatory program, we've actually, since the discovery [01:15:58.700 --> 01:16:04.860] of this homeowners insurance stuff, we had to send in once again for the 25th time this [01:16:04.860 --> 01:16:11.740] year our tax returns and all the paperwork the bank has requested from us again. [01:16:11.740 --> 01:16:16.740] So when we did that, hold on, hold on. [01:16:16.740 --> 01:16:19.220] Is this a modification? [01:16:19.220 --> 01:16:25.860] Well that negotiation, yes, that's what the state of Pennsylvania sets you up with this [01:16:25.860 --> 01:16:30.460] conciliatory program to work on a modification with the bank. [01:16:30.460 --> 01:16:37.780] So in doing that, we've sent them this, okay, we need to talk about this on the other side [01:16:37.780 --> 01:16:39.860] about we're about to go to break. [01:16:39.860 --> 01:16:47.420] If they've requested the same documentation more than once, most likely they have applied [01:16:47.420 --> 01:16:55.140] to the HAMP program more than once and collected multiple times on the offering of a modification. [01:16:55.140 --> 01:16:56.340] Hang on, we'll be right back. [01:16:56.340 --> 01:17:00.940] This is Randy Kelton, Deborah Stevens, Rule of Law Radio, you'll be right. [01:17:00.940 --> 01:17:12.140] Hey, Tangy Tangerine, see what you've done to me, I'm losing weight and I'm not half [01:17:12.140 --> 01:17:23.060] the man I used to be, Hey, Tangy Tangerine, you make me feel so good, I don't eat so much [01:17:23.060 --> 01:17:35.900] food, Ain't I a sight compared to what I used to be, Calcium, magnesium, selenium, and zinc, [01:17:35.900 --> 01:17:43.860] Take a moment now and think, if you have a little drink, Every day will bring the life [01:17:43.860 --> 01:17:48.060] that you've been looking for. 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[01:19:38.220 --> 01:19:43.380] I was blindsided but now I can see your plan. [01:19:43.380 --> 01:19:48.700] You put the fear in my pockets, took the money from my hand. [01:19:48.700 --> 01:20:03.900] Well, ain't gonna fool me with that same old trick again. [01:20:03.900 --> 01:20:08.980] We are back, Randy Kelton, Debbie Stevens, Rule Law Radio, and we're talking to Christopher [01:20:08.980 --> 01:20:11.180] in Pennsylvania. [01:20:11.180 --> 01:20:16.340] Christopher, as concerns modification. [01:20:16.340 --> 01:20:18.120] This is interesting. [01:20:18.120 --> 01:20:22.980] You say they have required that you send them documentation 10 times? [01:20:22.980 --> 01:20:26.660] Oh, yes, more than 10 times. [01:20:26.660 --> 01:20:28.220] Okay, hold on. [01:20:28.220 --> 01:20:35.860] Did they require you to send documents they didn't have or did they require you to send [01:20:35.860 --> 01:20:38.700] an application 10 times? [01:20:38.700 --> 01:20:44.860] No, they require the same documentation 10 times. [01:20:44.860 --> 01:20:59.660] I would suggest that you petition for discovery of any application to the HAMP program for [01:20:59.660 --> 01:21:05.220] payment on an offer to modify concerning your note. [01:21:05.220 --> 01:21:15.660] What I understand they've been doing is they will tell the person who's dealing with you, [01:21:15.660 --> 01:21:25.260] because generally these are lower level employees and they tend not to be so corrupt, is if [01:21:25.260 --> 01:21:29.740] they get the documentation, they will tell this person they didn't get it and ask to [01:21:29.740 --> 01:21:31.220] have it sent again. [01:21:31.220 --> 01:21:36.980] When they get it sent again, they'll take that second application and file it with HAMP [01:21:36.980 --> 01:21:42.900] as if they've offered you, somebody else, a modification. [01:21:42.900 --> 01:21:50.300] By asking for it 10 times, there's a good chance that they've already made about $25,000 [01:21:50.300 --> 01:21:57.660] just offering you the modification and they've defrauded the HAMP program in that regard. [01:21:57.660 --> 01:22:01.940] That explains why the person on the other end of the phone or the representative changes [01:22:01.940 --> 01:22:03.900] every phone call. [01:22:03.900 --> 01:22:08.100] Yes, most likely. [01:22:08.100 --> 01:22:10.460] Are you recording these calls? [01:22:10.460 --> 01:22:12.780] This call, no. [01:22:12.780 --> 01:22:14.580] No, no, not this one. [01:22:14.580 --> 01:22:16.740] The calls from the bank. [01:22:16.740 --> 01:22:21.740] No, we document them though and we record them with our phone bill. [01:22:21.740 --> 01:22:23.000] Good. [01:22:23.000 --> 01:22:24.000] That's good enough. [01:22:24.000 --> 01:22:25.060] That's good enough. [01:22:25.060 --> 01:22:30.980] If you have a basic transcript of what was said, it doesn't have to be exact wording, [01:22:30.980 --> 01:22:39.580] just generally what the context was, that'll be enough to petition for discovery because [01:22:39.580 --> 01:22:49.700] you have reason to believe that the bank is not negotiating or not mediating in good faith. [01:22:49.700 --> 01:22:57.500] You might consider a petition for sanctions and a request for discovery. [01:22:57.500 --> 01:23:01.840] Focus discovery on the HAMP issue. [01:23:01.840 --> 01:23:07.180] This conciliatory program that they have going on with us, the interesting part of that is [01:23:07.180 --> 01:23:15.120] that we meet with the bank to discuss that and they never really addressed the issue. [01:23:15.120 --> 01:23:19.580] As to what they're doing, all they do is ask for more paperwork. [01:23:19.580 --> 01:23:25.440] They're even good about sending letters requesting this, so we have documentation through their [01:23:25.440 --> 01:23:30.260] letterhead that they've sent us a request every time. [01:23:30.260 --> 01:23:34.900] But the interesting part about this program is that we've come to the point with the discovery [01:23:34.900 --> 01:23:39.900] of this homeowner stuff that we sent them their request for paperwork along with the [01:23:39.900 --> 01:23:45.840] fact that we realized that there is a problem with the chain of title based on the fact [01:23:45.840 --> 01:23:53.300] that we understand the mortgage has been sold so many times and never documented in the [01:23:53.300 --> 01:23:56.100] recorder of deeds office. [01:23:56.100 --> 01:24:03.260] We're asking them to, once again through the second, this would be almost the third attempt [01:24:03.260 --> 01:24:11.540] to get this information from them through the other QWRs we've sent with no real information [01:24:11.540 --> 01:24:13.580] being sent back to us. [01:24:13.580 --> 01:24:23.900] Okay, on each one of these, you should file a separate notice of default. [01:24:23.900 --> 01:24:30.940] Then they'll have to address each one of them. [01:24:30.940 --> 01:24:35.060] The notice of default should stop them in the tracks, okay, since they haven't foreclosed [01:24:35.060 --> 01:24:42.860] yet, you're in a good position to get all this stuff filed. [01:24:42.860 --> 01:24:48.420] Contacting the HAMP program is something I haven't looked at. [01:24:48.420 --> 01:24:57.860] You might try contacting the administrators of the HAMP program and petition them for [01:24:57.860 --> 01:25:07.620] documentation concerning payments to this bank from the HAMP program, figure out how [01:25:07.620 --> 01:25:08.860] they make the payments. [01:25:08.860 --> 01:25:16.060] I think the HAMP program was a bunch of BS put in by Obama so he could funnel money to [01:25:16.060 --> 01:25:21.620] the banks, more of our tax money to the banks. [01:25:21.620 --> 01:25:28.840] One way of determining if that's the case, if you look into the documentation where you [01:25:28.840 --> 01:25:40.940] want to see every application for funds from HAMP by this bank concerning your property. [01:25:40.940 --> 01:25:50.120] And if they tell you they can't do that, then there's a really, really serious problem here. [01:25:50.120 --> 01:25:59.980] And this opens the door for you to take an action under a private attorney general, where [01:25:59.980 --> 01:26:13.980] you could sue the bank and the HAMP program in your own behalf and in the behalf of all [01:26:13.980 --> 01:26:16.020] others similarly situated. [01:26:16.020 --> 01:26:24.180] This is an open door for serious discovery. [01:26:24.180 --> 01:26:35.580] And you might even consider moving up to RICO and looking at the laundering statutes. [01:26:35.580 --> 01:26:46.820] Looking at money laundering, if they do anything, collect money illegally, that goes to money [01:26:46.820 --> 01:26:50.280] laundering. [01:26:50.280 --> 01:26:55.700] Money laundering was more inclusive than I thought it was. [01:26:55.700 --> 01:26:58.940] It's not just them trying legal funds. [01:26:58.940 --> 01:27:03.420] If they try to generate illegal funds, that's money laundering. [01:27:03.420 --> 01:27:10.940] And obviously, mail fraud in the process. [01:27:10.940 --> 01:27:22.860] If you could show that the bank is either mailing or wiring demands from the HAMP program [01:27:22.860 --> 01:27:31.940] based on supposed offers to you for a HAMP loan when they've already collected for one, [01:27:31.940 --> 01:27:37.700] and every time they ask you for new paperwork, they send and get another one. [01:27:37.700 --> 01:27:41.660] If you can show that they did that, that goes to wire fraud, that goes to mail fraud, it [01:27:41.660 --> 01:27:44.380] goes to money laundering. [01:27:44.380 --> 01:27:48.260] You can certainly turn the heat up on these guys. [01:27:48.260 --> 01:27:49.260] Yeah. [01:27:49.260 --> 01:27:56.500] Well, we're planning on taking your plan to sue them. [01:27:56.500 --> 01:28:03.420] But once we have to wait until this modification, conciliatory program, we have our meeting [01:28:03.420 --> 01:28:04.700] in August 1st. [01:28:04.700 --> 01:28:10.380] So we've spent the time looking at all of these issues and trying to put together a [01:28:10.380 --> 01:28:16.540] suit against them for everything you've suggested in your program. [01:28:16.540 --> 01:28:20.900] That would be just one more stipulation of fraud we could enter into that. [01:28:20.900 --> 01:28:21.900] Yeah. [01:28:21.900 --> 01:28:29.300] And these are things that go to criminal, and because they go to criminal, that makes [01:28:29.300 --> 01:28:39.420] your whole suit go to RICO, where the criminal accusations you make go to a pattern of corruption [01:28:39.420 --> 01:28:47.260] where you show predicate acts that it's reasonable to presume that if they are doing this in [01:28:47.260 --> 01:28:54.020] your case, they're most likely doing it in a lot of cases. [01:28:54.020 --> 01:29:01.180] Making that kind of claim will give you reason to ask for some really invasive discovery. [01:29:01.180 --> 01:29:06.100] Remember, it's all about the money. [01:29:06.100 --> 01:29:07.100] Money and politics. [01:29:07.100 --> 01:29:13.300] And the big politics is going to be criminal accusations. [01:29:13.300 --> 01:29:18.980] Now, RICO kind of puts you on that fine edge. [01:29:18.980 --> 01:29:29.580] You get to subpoena records for a civil case that can then be used to criminally prosecute. [01:29:29.580 --> 01:29:30.580] This will frighten these guys. [01:29:30.580 --> 01:29:33.300] They might bring them to the table pretty fast. [01:29:33.300 --> 01:29:34.300] Yeah. [01:29:34.300 --> 01:29:35.300] Sounds great. [01:29:35.300 --> 01:29:39.300] That's exactly what we plan to do. [01:29:39.300 --> 01:29:40.300] Okay. [01:29:40.300 --> 01:29:41.300] Okay. [01:29:41.300 --> 01:29:42.660] Then we're going to move ahead. [01:29:42.660 --> 01:29:43.660] Thank you, Christopher. [01:29:43.660 --> 01:29:46.340] If you have any more questions, give us a call tomorrow night. [01:29:46.340 --> 01:29:49.100] We've got a board full of callers tonight. [01:29:49.100 --> 01:29:50.100] All right. [01:29:50.100 --> 01:29:51.100] Thanks, Randy. [01:29:51.100 --> 01:29:53.100] Thank you, Christopher. [01:29:53.100 --> 01:30:02.380] We'll be right back on the other side, and we'll start taking any more calls. [01:30:02.380 --> 01:30:03.900] Would you drink cat poop coffee? [01:30:03.900 --> 01:30:08.980] It sounds like a crazy question, but connoisseurs are paying big bucks for steaming cups of [01:30:08.980 --> 01:30:09.980] the exotic beverage. [01:30:09.980 --> 01:30:15.020] I'm Dr. Catherine Albrecht, and I'll be back with the scoop on the poop in just a moment. [01:30:15.020 --> 01:30:19.760] Your search engine is watching you, recording all your searches, and creating a massive [01:30:19.760 --> 01:30:22.420] database of your personal information. [01:30:22.420 --> 01:30:25.420] That's creepy, but it doesn't have to be that way. 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[01:32:50.020 --> 01:32:58.740] Call 888-910-4367, 888-910-4367, and see what our powder, seeds, and oil can do for you [01:32:58.740 --> 01:33:02.980] only at hempusa.org. [01:33:28.740 --> 01:33:57.140] Okay, we are back. [01:33:57.140 --> 01:34:06.620] We're going to Johnny in Texas as soon as I can get him unmuted. [01:34:06.620 --> 01:34:07.620] Okay. [01:34:07.620 --> 01:34:08.620] Hello, Johnny. [01:34:08.620 --> 01:34:09.620] What do you have for us today? [01:34:09.620 --> 01:34:10.620] Hey, Randy. [01:34:10.620 --> 01:34:17.740] Just wanted to talk with you briefly about documents used in the mortgage fight. [01:34:17.740 --> 01:34:21.900] I've seen a couple of your documents. [01:34:21.900 --> 01:34:29.940] One is, you know, 51903 motion challenging the deed itself, and another is a petition [01:34:29.940 --> 01:34:37.540] for declaratory judgment, which challenges an appointment of substitute trustee, and [01:34:37.540 --> 01:34:45.020] both of those documents raise some excellent points, but the details of my case are a little [01:34:45.020 --> 01:34:50.140] bit actually quite a bit different than most other people's cases, but since I've seen [01:34:50.140 --> 01:34:55.740] those documents, I've also heard you more recently talking about the notice of default [01:34:55.740 --> 01:35:05.420] and the firing of MERS and all of that stuff, and I actually, several years ago, I sent [01:35:05.420 --> 01:35:07.740] the alleged servicer, in my case, a notice of default. [01:35:07.740 --> 01:35:12.220] I didn't file it into the records, but when they sent me a notice of substitute trustee, [01:35:12.220 --> 01:35:16.580] I responded with an objection and a notice of default and a few other things, and that's [01:35:16.580 --> 01:35:24.940] one of the reasons why it took them so long to even... Altogether, I had 12 different [01:35:24.940 --> 01:35:30.420] sale dates scheduled because of that notice of default, so it is... At that time, I didn't [01:35:30.420 --> 01:35:34.220] know to file it in the county record, but even just sending it to the lender had quite [01:35:34.220 --> 01:35:41.420] an effect on them, but my question at this point is, first of all, related to the firing [01:35:41.420 --> 01:35:49.100] of MERS, or be it MERS or anyone else who's reporting to exercise an authority that they [01:35:49.100 --> 01:35:56.300] don't have, that seems to me that it would be a preemptive thing, in other words, for [01:35:56.300 --> 01:36:01.500] people who have not already been proposed on and had their property sold to a third [01:36:01.500 --> 01:36:02.500] party. [01:36:02.500 --> 01:36:04.500] Is that right? [01:36:04.500 --> 01:36:10.660] Well, it's better if you can get it before it's been sold to a third party. [01:36:10.660 --> 01:36:18.420] Once the foreclosure is passed, the argument will be that the foreclosure was fraudulent [01:36:18.420 --> 01:36:28.540] and therefore it's void, and so you can act as if the foreclosure never happened, and [01:36:28.540 --> 01:36:36.460] if you file it, then the buyer is going to have to... You're clouding his title. [01:36:36.460 --> 01:36:43.660] They're going to have to come and petition the court to have it removed, and that's a [01:36:43.660 --> 01:36:51.620] good place to counter-sue the lender when they sue for trespass to try title, then you [01:36:51.620 --> 01:36:52.620] counter-sue. [01:36:52.620 --> 01:36:55.300] Oh, wait a minute. [01:36:55.300 --> 01:36:57.780] Trespass to try title, there may be a restriction. [01:36:57.780 --> 01:37:05.320] You may not be able to counter-sue because of the nature of trespass to try title. [01:37:05.320 --> 01:37:18.260] So that's an issue I'd thought about, but if we presume that the foreclosure was void, [01:37:18.260 --> 01:37:24.660] or at least voidable, then all of these other issues come back into play. [01:37:24.660 --> 01:37:33.300] And the way the notice of default that I put together is written, it alleges default at [01:37:33.300 --> 01:37:36.020] consummation of the note. [01:37:36.020 --> 01:37:41.900] Yeah, well, and that's seen in some of your other documents too. [01:37:41.900 --> 01:37:48.540] I mean, the deed of trust is fraudulent on its face from the very beginning. [01:37:48.540 --> 01:37:54.820] But I didn't know... You know, in a case like mine, my property, MERS just sort of [01:37:54.820 --> 01:37:58.620] popped into the public record out of nowhere and said, okay, we're transferring and signing [01:37:58.620 --> 01:38:01.880] the note of deed of trust to Wells Fargo, and then Wells Fargo did everything that they [01:38:01.880 --> 01:38:04.860] did thereafter, and they foreclosed and sold the property. [01:38:04.860 --> 01:38:08.460] Then they did a rescission and a reconveyance and they promised to work with me under HAMP [01:38:08.460 --> 01:38:09.980] and they failed at that. [01:38:09.980 --> 01:38:14.420] And then again, MERS popped into the record and said, we're signing and transferring the [01:38:14.420 --> 01:38:19.340] note of deed of trust to Wells Fargo, and then MERS disappeared again, then they did [01:38:19.340 --> 01:38:23.700] another foreclosure, appointment of substitute trustee, sold the house to a third party. [01:38:23.700 --> 01:38:29.800] So I'm not sure firing MERS at this point, it seems like in my situation it would be [01:38:29.800 --> 01:38:31.940] more of an uphill battle. [01:38:31.940 --> 01:38:39.300] I do understand that if you can invalidate any link in the chain, it opens up a can of [01:38:39.300 --> 01:38:42.740] worms form anywhere. [01:38:42.740 --> 01:38:47.100] Which actually brings me to my next question. [01:38:47.100 --> 01:38:54.900] Your petition for declaratory judgment that I've seen relates to the appointment of substitute [01:38:54.900 --> 01:38:56.300] trustee by MERS. [01:38:56.300 --> 01:38:59.820] But in my case, MERS didn't do that. [01:38:59.820 --> 01:39:04.740] The only thing they did was an assignment of note of deed of trust. [01:39:04.740 --> 01:39:09.420] So I mean, could I not just reconstruct that to attack the assignment? [01:39:09.420 --> 01:39:10.420] Get a declaratory... [01:39:10.420 --> 01:39:11.420] Of course. [01:39:11.420 --> 01:39:12.420] Of course. [01:39:12.420 --> 01:39:13.420] Just change it from MERS to whoever. [01:39:13.420 --> 01:39:14.420] Okay. [01:39:14.420 --> 01:39:17.820] Yeah, that's kind of what I was thinking. [01:39:17.820 --> 01:39:23.540] I just wanted to make sure because I know if you can break, if you can attack any link [01:39:23.540 --> 01:39:25.780] anywhere in the chain, the whole thing falls apart. [01:39:25.780 --> 01:39:29.060] So I think that's what I'm going to do in my case. [01:39:29.060 --> 01:39:30.060] Okay. [01:39:30.060 --> 01:39:38.820] Have you contacted your hazard insurance carrier to see if you can get evidence of all of the [01:39:38.820 --> 01:39:42.420] entities named as beneficiaries? [01:39:42.420 --> 01:39:43.720] I have. [01:39:43.720 --> 01:39:50.860] And that's actually, even though the property has been sold to a third entity, it's still [01:39:50.860 --> 01:39:51.860] Wells Fargo. [01:39:51.860 --> 01:39:58.500] They tried to do the force placed insurance a while back, and I did contact them and they [01:39:58.500 --> 01:40:01.780] basically said, we are not giving you squat. [01:40:01.780 --> 01:40:11.300] Wait a minute, I don't understand what that meant. [01:40:11.300 --> 01:40:18.460] Well, okay, when I started fighting at Wells Fargo, I haven't made any payments on my property [01:40:18.460 --> 01:40:26.980] since March of 2009, and eventually I got a letter saying, hey, you haven't paid your [01:40:26.980 --> 01:40:34.180] property insurance, and therefore we are putting our own policy on it, and now you owe us all [01:40:34.180 --> 01:40:38.780] this money in arrears for us putting our policy. [01:40:38.780 --> 01:40:44.680] It's an insurance policy that's through a division of Wells Fargo itself. [01:40:44.680 --> 01:40:52.360] So since I've been fighting with them so long, and when they sold the property, the new owner [01:40:52.360 --> 01:40:58.300] of the property never did get new property insurance. [01:40:58.300 --> 01:41:02.700] It's still under the policy that Wells Fargo forced into place. [01:41:02.700 --> 01:41:06.420] So when I called Wells Fargo and said, I need to get some information on this insurance [01:41:06.420 --> 01:41:10.300] policy, they looked in the records and saw that I've been a thorn in their side for the [01:41:10.300 --> 01:41:15.580] last four or five years, and they basically said, we're not telling you anything. [01:41:15.580 --> 01:41:19.780] Oh, then you need to ask for that in discovery. [01:41:19.780 --> 01:41:23.420] Yeah, I will. [01:41:23.420 --> 01:41:25.500] You know, leading up to it. [01:41:25.500 --> 01:41:30.900] Okay, so yeah, those are, I mean, I just wanted to clarify those things, and now to shift [01:41:30.900 --> 01:41:39.500] gears a little bit, I want to get your take on, have you heard of TEX file, T-E-X-F-I-L-E? [01:41:39.500 --> 01:41:40.500] No. [01:41:40.500 --> 01:41:41.500] Okay. [01:41:41.500 --> 01:41:46.580] I was doing some digging around on the Tarrant County clerk's website today, and I found [01:41:46.580 --> 01:41:58.940] a notice in there that as of January 1st, 2014, they are now going to be, for all civil [01:41:58.940 --> 01:42:05.840] and family district court cases that are filed, they are going to require mandatory electronic [01:42:05.840 --> 01:42:11.660] filing like the federal courts have, which I thought, you know, at first I thought would [01:42:11.660 --> 01:42:15.180] be great because I've actually talked with the clerks and the court coordinators, you [01:42:15.180 --> 01:42:18.580] know, when are you guys going to get electronic filing, and they said, well, we're pushing [01:42:18.580 --> 01:42:19.580] for it. [01:42:19.580 --> 01:42:23.940] So, initially, it looked like a good thing, but I did some research into it. [01:42:23.940 --> 01:42:31.660] There's a company out of California called Tyler Technologies that has developed a court [01:42:31.660 --> 01:42:34.580] electronic filing system. [01:42:34.580 --> 01:42:40.860] The Texas Office of Court Administration and the Supreme Court have put out some mandates. [01:42:40.860 --> 01:42:46.820] Eventually, by 2016 at the very latest, all of Texas is going to be using this system, [01:42:46.820 --> 01:42:51.780] and all of the courts are going to try to force you to go through this electronic filing [01:42:51.780 --> 01:42:57.460] system that you have to pay, and this is a third party private for-profit company out [01:42:57.460 --> 01:42:59.580] of California that runs the system. [01:42:59.580 --> 01:43:03.460] So, you have to pay them a fee for everything that you file in addition to whatever the [01:43:03.460 --> 01:43:10.940] court charges, and so the courts are going to force you to use this private third party's [01:43:10.940 --> 01:43:16.180] system before they will accept any filings from you, and they also do not give away to [01:43:16.180 --> 01:43:21.940] file, for example, if you need to file something, you know, along with an affidavit of inability [01:43:21.940 --> 01:43:25.740] to pay or a popper's affidavit, they don't give you any option for that. [01:43:25.740 --> 01:43:27.820] So, I wanted to get your take on that. [01:43:27.820 --> 01:43:33.540] That seems to me like, you know, if the court tries to force you to go use a third party's [01:43:33.540 --> 01:43:40.340] system, I hear the music coming up there, but you've got a break. [01:43:40.340 --> 01:43:45.300] Okay, they may be able to force you to use it, they can't force you to pay for it. [01:43:45.300 --> 01:43:50.540] Okay, hang on, this is Randy Kelton, Deborah Stevens, Rule of Law Radio, and we'll be right [01:43:50.540 --> 01:43:51.860] back on the other side. [01:43:51.860 --> 01:43:55.420] We've got one segment left, and we'll try to move quickly. [01:43:55.420 --> 01:43:56.980] We've got a whole stack of callers. [01:43:56.980 --> 01:44:01.340] If you don't get to it, don't worry about it. [01:44:01.340 --> 01:44:04.900] You feel tired when talking about important topics like money and politics? [01:44:04.900 --> 01:44:05.900] Lauren! [01:44:05.900 --> 01:44:08.660] Are you confused by words like the Constitution or the Federal Reserve? [01:44:08.660 --> 01:44:09.660] What? [01:44:09.660 --> 01:44:13.460] If so, you may be diagnosed with the deadliest disease known today, stupidity. 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[01:45:24.740 --> 01:45:29.140] Students have won with our step by step course, and now you can too. [01:45:29.140 --> 01:45:35.700] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience. [01:45:35.700 --> 01:45:40.460] Even if you're not in a lawsuit, you can learn what everyone should understand about the [01:45:40.460 --> 01:45:44.700] principles and practices that control our American courts. [01:45:44.700 --> 01:45:50.940] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:50.940 --> 01:45:53.540] pro se tactics, and much more. [01:45:53.540 --> 01:46:21.540] Please visit RuleOfLawRadio.com and click on the banner or call toll-free, 866-LAW-EASY. [01:46:21.540 --> 01:46:26.240] Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Johnny [01:46:26.240 --> 01:46:27.240] in Texas. [01:46:27.240 --> 01:46:30.380] Johnny, I really need to move along. [01:46:30.380 --> 01:46:36.620] If we have more questions, either give me a call tomorrow night or call me directly. [01:46:36.620 --> 01:46:39.820] Yep, I'll call in another day. [01:46:39.820 --> 01:46:40.820] Okay. [01:46:40.820 --> 01:46:41.820] Thank you, John. [01:46:41.820 --> 01:46:45.860] Okay, now we're going to go to Angie in Mississippi. [01:46:45.860 --> 01:46:48.020] Hello, Angie. [01:46:48.020 --> 01:46:49.020] Sir. [01:46:49.020 --> 01:46:51.020] Hey, Randy. [01:46:51.020 --> 01:46:55.100] There we go. [01:46:55.100 --> 01:46:56.100] What do you have for us tonight? [01:46:56.100 --> 01:47:03.700] Well, I know Joseph spoke with you, I want to say it was last month concerning the foreclosure [01:47:03.700 --> 01:47:04.700] at hand. [01:47:04.700 --> 01:47:15.300] I still don't have a sale date, but we found some new discoveries, also sent the complaint [01:47:15.300 --> 01:47:18.860] that we were working on, which we have not yet filed that. [01:47:18.860 --> 01:47:21.900] It's not complete at this time. [01:47:21.900 --> 01:47:26.740] Wait a minute, I'm kind of lost here. [01:47:26.740 --> 01:47:30.220] You said you didn't have a salesman? [01:47:30.220 --> 01:47:32.220] A sale date. [01:47:32.220 --> 01:47:35.220] Oh, a sale date. [01:47:35.220 --> 01:47:37.220] Oh, okay. [01:47:37.220 --> 01:47:43.060] So you have a notice of default and a notice of intent to sell? [01:47:43.060 --> 01:47:45.860] No, that would have a date on it. [01:47:45.860 --> 01:47:46.860] Okay. [01:47:46.860 --> 01:47:50.940] What is the condition of your mortgage at the moment? [01:47:50.940 --> 01:48:00.860] The condition is, it's an active foreclosure, but there is no foreclosure date. [01:48:00.860 --> 01:48:07.300] What we've actually discovered recently in reference to the deed of trust, when I purchased [01:48:07.300 --> 01:48:12.740] the home in 2008, of course, there's the original deed of trust from bank number one, which [01:48:12.740 --> 01:48:27.540] I purchased from, and in 2009, I started paying another bank, so since then, I've been paying [01:48:27.540 --> 01:48:36.300] another bank, but the other corporate assignment of deed of trust with that bank was only put [01:48:36.300 --> 01:48:46.140] in to the kind of recorder's office August of last year, and the original deed of trust... [01:48:46.140 --> 01:48:48.980] Wait a minute, wait a minute, wait a minute. [01:48:48.980 --> 01:48:52.340] I'm not able to keep up with this. [01:48:52.340 --> 01:49:01.060] I really need, and this is too complex to do on the air, I don't know what dates refer [01:49:01.060 --> 01:49:08.020] to what, when they started collecting, when the notice was filed, did you raise any objection [01:49:08.020 --> 01:49:12.260] to it, did you file a qualified written request, there's way too many questions. [01:49:12.260 --> 01:49:15.740] Well, that's what we're working on. [01:49:15.740 --> 01:49:17.940] Let me tell you this real quick. [01:49:17.940 --> 01:49:28.820] The original deed of trust, well, the assignment of deed of trust, okay, the notary and MERS, [01:49:28.820 --> 01:49:37.260] which the assistant secretary both work for the bank, and both have switched roles, and [01:49:37.260 --> 01:49:42.940] one even prepared a deed of trust document once for this particular bank, and both are [01:49:42.940 --> 01:49:48.740] notaries at the same office building, and the notaries have refused to provide the evidence [01:49:48.740 --> 01:49:49.740] of authentication. [01:49:49.740 --> 01:49:59.060] And also, MERS doesn't have any beneficial interest to transfer to the foreclosing bank. [01:49:59.060 --> 01:50:05.340] Okay, the beneficial interest thing on MERS is a lot harder to adjudicate. [01:50:05.340 --> 01:50:08.220] There may be some easier things. [01:50:08.220 --> 01:50:15.620] If you have requested evidence of authentication from the notaries and have not received it, [01:50:15.620 --> 01:50:24.460] file a notice of default on deed of trust in the, on the document of, I'm sorry, let [01:50:24.460 --> 01:50:26.820] me back up. [01:50:26.820 --> 01:50:36.740] What documents do you not have evidence of authentication for? [01:50:36.740 --> 01:50:38.740] You said there were two. [01:50:38.740 --> 01:50:39.740] Yes. [01:50:39.740 --> 01:50:41.780] Well, the original deed of trust. [01:50:41.780 --> 01:50:42.780] What documents? [01:50:42.780 --> 01:50:48.700] And no, it's the corporate assignment of deed of trust. [01:50:48.700 --> 01:50:55.900] Okay, file a notice in the record. [01:50:55.900 --> 01:50:59.340] Send me an email and I'll send you these documents that I've put together. [01:50:59.340 --> 01:51:10.660] One of them has a notice of rescission of corporate acknowledge, corporate, corporate [01:51:10.660 --> 01:51:11.660] acknowledge. [01:51:11.660 --> 01:51:12.660] What is it? [01:51:12.660 --> 01:51:15.780] I keep losing words tonight for some reason. [01:51:15.780 --> 01:51:17.380] A corporate assignment. [01:51:17.380 --> 01:51:18.380] Ouch. [01:51:18.380 --> 01:51:19.380] Okay. [01:51:19.380 --> 01:51:24.780] It's one for notice of rescission of corporate assignment. [01:51:24.780 --> 01:51:35.100] File that in the record stating that that assignment is void. [01:51:35.100 --> 01:51:39.580] If you have, do you have MERS mentioned in the deed of trust? [01:51:39.580 --> 01:51:48.980] Actually, the Mississippi law says that the record in the, for the deed of trust must [01:51:48.980 --> 01:51:49.980] lift the beneficiary. [01:51:49.980 --> 01:51:51.980] But since the deed of trust... [01:51:51.980 --> 01:51:52.980] Wait a minute. [01:51:52.980 --> 01:51:56.900] I'm having a lot of trouble understanding you all of a sudden. [01:51:56.900 --> 01:51:57.900] Okay. [01:51:57.900 --> 01:51:58.900] Anyway... [01:51:58.900 --> 01:52:03.260] It sounds like you dropped a microphone in a glass of water. [01:52:03.260 --> 01:52:09.340] I'm not sure why, but yes sir, MERS is mentioned. [01:52:09.340 --> 01:52:14.820] It is mentioned as the beneficiary. [01:52:14.820 --> 01:52:15.820] Okay. [01:52:15.820 --> 01:52:19.740] MERS is mentioned in the deed of trust. [01:52:19.740 --> 01:52:20.740] Okay. [01:52:20.740 --> 01:52:22.540] Yes sir. [01:52:22.540 --> 01:52:29.260] You need to file a notice of default on the deed of trust. [01:52:29.260 --> 01:52:31.620] I'll send you these documents. [01:52:31.620 --> 01:52:38.860] You file a notice of default and a notice that MERS is removed as nominee for the lender. [01:52:38.860 --> 01:52:41.500] Okay. [01:52:41.500 --> 01:52:48.820] What we're saying is that since you appointed MERS to be an agent for the lender, then you [01:52:48.820 --> 01:52:54.780] have the power to fire MERS as agent for the lender. [01:52:54.780 --> 01:52:59.300] So if the lender comes back and says, oh, wait a minute, you can't fire my agent. [01:52:59.300 --> 01:53:05.980] We'll say, well, if we couldn't fire him, then we couldn't hire him in the first place. [01:53:05.980 --> 01:53:10.300] So everything he's done is void as a matter of course. [01:53:10.300 --> 01:53:12.380] It puts him in an untenable position. [01:53:12.380 --> 01:53:16.600] They screwed up on the deed of trust and now we take them to task for it. [01:53:16.600 --> 01:53:24.060] This will almost certainly stop them in their tracks as far as them moving ahead to foreclosure [01:53:24.060 --> 01:53:27.060] and give you time to go after them. [01:53:27.060 --> 01:53:33.460] You might want to contact me, send me an email, I might want to get you with David and he'll [01:53:33.460 --> 01:53:36.160] explain to you what some of your options are. [01:53:36.160 --> 01:53:43.060] Have you filed anything, have you sued them in any way to stop the foreclosure? [01:53:43.060 --> 01:53:45.180] No, sir. [01:53:45.180 --> 01:53:51.020] Actually the complaint that we were working on that I had sent to you previously, we have [01:53:51.020 --> 01:53:55.940] not finished that up and submitted it yet. [01:53:55.940 --> 01:53:57.220] You sent me a complaint. [01:53:57.220 --> 01:54:00.380] If you do, I don't recall. [01:54:00.380 --> 01:54:01.820] You might want to send it to me again. [01:54:01.820 --> 01:54:14.460] I get about a hundred emails a day and I'm old, I'm old, I sleep and therefore I forget. [01:54:14.460 --> 01:54:19.860] We appreciate all the help that you've been given to many of us and you've helped us a [01:54:19.860 --> 01:54:20.860] great deal. [01:54:20.860 --> 01:54:22.860] We appreciate it so much. [01:54:22.860 --> 01:54:23.860] Okay. [01:54:23.860 --> 01:54:24.860] Send me another copy. [01:54:24.860 --> 01:54:29.740] I'll look at it in the morning and I'll send you these documents. [01:54:29.740 --> 01:54:31.980] Do you have a Skype address? [01:54:31.980 --> 01:54:32.980] Nevermind. [01:54:32.980 --> 01:54:35.740] I'll email them to you in the morning. [01:54:35.740 --> 01:54:44.700] Also about declaratory judgment, how do you do that? [01:54:44.700 --> 01:54:47.700] These avoid declaratory judgment. [01:54:47.700 --> 01:54:54.380] This forces them to have to petition for declaratory judgment. [01:54:54.380 --> 01:54:58.860] So it takes the burden off of us, it kind of switches things around on them, but I only [01:54:58.860 --> 01:54:59.860] have a few minutes left. [01:54:59.860 --> 01:55:01.780] I got about three callers. [01:55:01.780 --> 01:55:06.500] If you will contact, you send me an email in the morning, I will send you a contact [01:55:06.500 --> 01:55:07.500] number. [01:55:07.500 --> 01:55:08.500] Okay. [01:55:08.500 --> 01:55:09.500] Thank you so much. [01:55:09.500 --> 01:55:10.980] I appreciate your help. [01:55:10.980 --> 01:55:11.980] You are welcome. [01:55:11.980 --> 01:55:12.980] Okay. [01:55:12.980 --> 01:55:15.700] We've probably got time for one more. [01:55:15.700 --> 01:55:17.660] We've got Dave in Texas. [01:55:17.660 --> 01:55:18.660] Okay. [01:55:18.660 --> 01:55:21.020] What do you have for us, Dave? [01:55:21.020 --> 01:55:22.260] Randy, good evening. [01:55:22.260 --> 01:55:30.220] I had another JP experience today in Denton County, and my strategy today was I was supposed [01:55:30.220 --> 01:55:39.060] to have a jury trial, but I wanted to file a case in district court and include the JP [01:55:39.060 --> 01:55:42.940] judge, so we did not have this hearing today. [01:55:42.940 --> 01:55:50.420] But last week when I was in JP precinct 4, there was a sign on the wall, and that sign [01:55:50.420 --> 01:55:58.620] clearly stated that any recording in the courtroom will be a $100 fine or three days in jail. [01:55:58.620 --> 01:56:04.340] To me, that seemed like official oppression charges. [01:56:04.340 --> 01:56:05.340] Absolutely. [01:56:05.340 --> 01:56:10.460] You need to file criminal charges against the judge. [01:56:10.460 --> 01:56:12.340] I did. [01:56:12.340 --> 01:56:15.460] Did you hear the beginning of the show? [01:56:15.460 --> 01:56:16.460] Yes. [01:56:16.460 --> 01:56:17.460] Okay. [01:56:17.460 --> 01:56:23.020] So you essentially that process, go to the sheriff's department and file a complaint [01:56:23.020 --> 01:56:24.800] against the JP. [01:56:24.800 --> 01:56:27.380] Are you familiar with the Glick decision? [01:56:27.380 --> 01:56:28.380] I am. [01:56:28.380 --> 01:56:29.380] Okay. [01:56:29.380 --> 01:56:34.500] Take the case, go to the sheriff, make your case to the sheriff. [01:56:34.500 --> 01:56:40.700] I would not suggest at this point a criminal complaint to the sheriff. [01:56:40.700 --> 01:56:47.100] What you want to do is file a criminal complaint against the sheriff with the district attorney. [01:56:47.100 --> 01:56:53.560] So first go to the sheriff with a complaint against the JP for official oppression, send [01:56:53.560 --> 01:57:01.380] a letter to the judge of the commissioner's court notifying him that you have been denied [01:57:01.380 --> 01:57:13.280] in your due process right to a public court and you have been harmed, make up some number. [01:57:13.280 --> 01:57:21.700] Due process is harm per se, and you decide how valuable your rights are to you. [01:57:21.700 --> 01:57:24.140] For me, mine are very valuable. [01:57:24.140 --> 01:57:25.140] Absolutely. [01:57:25.140 --> 01:57:27.740] I'm a combat veteran. [01:57:27.740 --> 01:57:30.540] I paid big time for my rights. [01:57:30.540 --> 01:57:33.460] So for me, they're really valuable. [01:57:33.460 --> 01:57:36.340] The amount you claim is kind of up to you. [01:57:36.340 --> 01:57:42.580] Well, when you filed that document with the clerk today, the funny thing was immediately [01:57:42.580 --> 01:57:46.100] I didn't even make it in the courtroom today. [01:57:46.100 --> 01:57:47.660] They stopped everything. [01:57:47.660 --> 01:57:48.660] Oh. [01:57:48.660 --> 01:57:49.660] Yeah. [01:57:49.660 --> 01:57:56.260] Matter of fact, the clerks didn't even come back to tell me that we're not going to have [01:57:56.260 --> 01:57:57.260] a hearing. [01:57:57.260 --> 01:58:02.540] They sent two officers out to tell me this. [01:58:02.540 --> 01:58:05.980] Two of them, huh? [01:58:05.980 --> 01:58:09.300] Is this a judge who put you in jail for contempt? [01:58:09.300 --> 01:58:11.580] Pardon? [01:58:11.580 --> 01:58:14.860] Is this a judge that jailed you for contempt? [01:58:14.860 --> 01:58:15.860] No. [01:58:15.860 --> 01:58:16.860] Oh, okay. [01:58:16.860 --> 01:58:17.860] No. [01:58:17.860 --> 01:58:18.860] Okay. [01:58:18.860 --> 01:58:19.860] I am sorry. [01:58:19.860 --> 01:58:20.860] We are completely out of time. [01:58:20.860 --> 01:58:22.180] Can you give us a call tomorrow night? [01:58:22.180 --> 01:58:24.180] I would love to. [01:58:24.180 --> 01:58:25.180] Okay. [01:58:25.180 --> 01:58:26.180] Thank you. [01:58:26.180 --> 01:58:27.740] And Tommy, I'm sorry we couldn't get to you. [01:58:27.740 --> 01:58:28.740] We're out of time. [01:58:28.740 --> 01:58:29.740] Give us a call tomorrow night. [01:58:29.740 --> 01:58:31.700] We do a four hour show. [01:58:31.700 --> 01:58:34.220] We should be able to get to you. [01:58:34.220 --> 01:58:37.100] Thank you all for listening. [01:58:37.100 --> 01:58:41.780] We will be back tomorrow at eight o'clock central. [01:58:41.780 --> 01:58:43.180] We'll do a four hour show. [01:58:43.180 --> 01:58:47.500] Deborah and Eddie will be back Monday on the traffic show. [01:58:47.500 --> 01:58:50.740] Thank you all for listening and good night. 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