[00:00.000 --> 00:06.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing the deli
[00:06.000 --> 00:13.000]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.000 --> 00:21.000]  into the tides of the alternative.
[00:21.000 --> 00:28.000]  Markets for the 25th of August 2015 opened up with gold at $1,143.36 an ounce, silver
[00:28.000 --> 00:34.000]  at $14.70 an ounce, Texas crude, $38.24 a barrel, and Bitcoin is currently sitting
[00:34.000 --> 00:43.000]  at about 223 U.S. currency.
[00:43.000 --> 00:49.000]  Today in history, Sunday, August 25, 1991, Lennox is born, and Linus Travolts sends off
[00:49.000 --> 00:58.000]  the email announcing his project to create a new operating system, Lennox Kernel.
[00:58.000 --> 01:02.000]  In recent news, French prosecutors say that there is plenty of evidence suggesting that
[01:02.000 --> 01:06.000]  Ayub Al-Kazani carefully prepared a jihadist assault that would have ended in a lot of
[01:06.000 --> 01:08.000]  bloodshed had passengers not stopped him.
[01:08.000 --> 01:12.000]  He apparently boarded a high-speed train in Brussels on Friday armed with a Kalashnikov
[01:12.000 --> 01:18.000]  assault rifle, 270 rounds of ammunition, a Luger pistol, a bottle of petrol, and a box
[01:18.000 --> 01:19.000]  cutter.
[01:19.000 --> 01:23.000]  The 25-year-old walked out of the toilet cubicle armed and shirtless before being rustled to
[01:23.000 --> 01:26.000]  the ground by two young American off-duty servicemen.
[01:26.000 --> 01:31.000]  Paris prosecutor Francois Smollens described the attack as targeted and premeditated.
[01:31.000 --> 01:34.000]  French authorities have until this evening have charged or released Mitra Kazani, who
[01:34.000 --> 01:44.000]  has reportedly also been on the radar of several European intelligence agencies.
[01:44.000 --> 01:48.000]  Three German researchers just named a new species of crustacean after Edward Snowden.
[01:48.000 --> 01:52.000]  We have so many species named after other famous people who probably don't do so much
[01:52.000 --> 01:53.000]  for humanity.
[01:53.000 --> 01:57.000]  Christian Lacombe, one of the researchers, told the Washington Post of his name choice.
[01:57.000 --> 01:59.000]  I wanted to show support for Edward Snowden.
[01:59.000 --> 02:01.000]  I think he did something very special.
[02:01.000 --> 02:05.000]  The researchers described the newly discovered species of crayfish in an article published
[02:05.000 --> 02:07.000]  Monday in the journal Zookeys.
[02:07.000 --> 02:11.000]  The Sherex Snowden, which had previously been misidentified as a similar species, comes
[02:11.000 --> 02:14.000]  from the freshwater creeks in West Papau, Indonesia.
[02:14.000 --> 02:18.000]  The crayfish measures at just three to four inches in length and has green and orange
[02:18.000 --> 02:24.000]  pinchers.
[02:24.000 --> 02:29.000]  The Japanese Aerospace Exploration Agency launched the HTV-5 cargo ship Wednesday of last
[02:29.000 --> 02:30.000]  week.
[02:30.000 --> 02:33.000]  The robotic Japanese cargo ship had to make a special delivery to the International Space
[02:33.000 --> 02:34.000]  Station.
[02:34.000 --> 02:38.000]  Tons of food and supplies, including some mice and experimental liquor, arrived Sunday
[02:38.000 --> 02:42.000]  when it was captured via a robotic arm by astronauts inside of the space station.
[02:42.000 --> 02:47.000]  It was carrying roughly about 9,500 pounds of supplies and science gear.
[02:47.000 --> 02:51.000]  Once the HTV-5 mission is completed, the vehicle will be detached from the station, falling
[02:51.000 --> 02:55.000]  and burning up in Earth's atmosphere.
[02:55.000 --> 03:23.000]  This was your Lowdown for August 25, 2015.
[03:25.000 --> 03:50.000]  Thank you for watching.
[03:55.000 --> 04:15.000]  Okay, howdy, howdy, Randy Kelcom, ULO Radio on this Thursday, the 27th day of August 2015.
[04:15.000 --> 04:19.000]  And let's start out talking about recension.
[04:19.000 --> 04:38.000]  We had a case, Jesenowski, Jesenowski case, J-E-S-I-N-O-S-K-I, Jesenowski versus Countrywide.
[04:38.000 --> 04:46.000]  Jesenowski, three years, exactly three years after the date of entering into a mortgage
[04:46.000 --> 04:53.000]  agreement, rescinded the mortgage agreement by sending a letter to Countrywide notifying
[04:53.000 --> 05:01.000]  them that they were rescinding the loan contract.
[05:01.000 --> 05:14.000]  And Countrywide ignored it and subsequently was sued and Countrywide claimed that in order
[05:14.000 --> 05:24.000]  for the recension to have effect, that Jesenowski had to sue them for recension.
[05:24.000 --> 05:35.000]  And this was something that had been held by the courts for a long time, that in order
[05:35.000 --> 05:47.000]  for the recension to take effect, that the party had to sue the lender and get a ruling
[05:47.000 --> 05:49.000]  from the court.
[05:49.000 --> 05:59.000]  And what the Supreme held in Jesenowski, they don't have to do any such thing, that when
[05:59.000 --> 06:11.000]  the borrower sends the letter notice of recension to the lender, recension is effected as a
[06:11.000 --> 06:14.000]  matter of law.
[06:14.000 --> 06:21.000]  And Countrywide, as you might guess, did not take this well.
[06:21.000 --> 06:34.000]  And the more I research it, the more surprising and profound this particular ruling becomes.
[06:34.000 --> 06:44.000]  The one thing that amazes me is that this ruling, it was ever given an opportunity to
[06:44.000 --> 06:49.000]  be had.
[06:49.000 --> 06:52.000]  I look at this and I'm thinking, are you guys out of your mind?
[06:52.000 --> 06:57.000]  How did you ever let this get to the Supreme and the Supreme ruled?
[06:57.000 --> 07:03.000]  Okay, the Supreme Court held that nothing in Section K, with the luxury of being able
[07:03.000 --> 07:10.000]  to write on a clean slate, Supreme Court reserve reversed the Eighth Circuit in the unanimous
[07:10.000 --> 07:16.000]  opinion authorized by Justice Antonio Scalia, Supreme Court held that the plain language
[07:16.000 --> 07:28.000]  of Section 1635A, that's 15 U.S.C. 1635A, leaves no doubt that rescission is effected
[07:28.000 --> 07:34.000]  when the borrower notifies the creditor of his intention to rescind.
[07:34.000 --> 07:40.000]  So long as this is done, within three years of the loan closing, the rescission is timely.
[07:40.000 --> 07:46.000]  Now, this keeps saying within three years of the loan closing, it primarily addresses
[07:46.000 --> 07:53.000]  the first half of 15 U.S.C. 1635.
[07:53.000 --> 08:10.000]  15 U.S.C. 1635F says that if after foreclosure a borrower can show more than $35 in false
[08:10.000 --> 08:21.000]  fees charged to the lender, I'm sorry, can show more than $35 in false fees charged by
[08:21.000 --> 08:28.000]  the lender to the borrower, that the right to rescind is renewed.
[08:28.000 --> 08:33.000]  Just about the last thing in the Truth and Lending Act, and primarily what we're working
[08:33.000 --> 08:36.000]  with is this section.
[08:36.000 --> 08:40.000]  Regardless of whether it's within the first three years or it's after the commencement
[08:40.000 --> 08:50.000]  of foreclosure, the court ruled that all the borrower had to do was flag a notice of intent
[08:50.000 --> 08:54.000]  to rescind with the lender.
[08:54.000 --> 09:06.000]  So the question that I had today when I was discussing this with someone else is that
[09:06.000 --> 09:15.000]  what if the lender chose to oppose the rescission?
[09:15.000 --> 09:20.000]  Is the rescission state?
[09:20.000 --> 09:32.000]  So under 1635, once the borrower gives notice to the lender of his intent to rescind, the
[09:32.000 --> 09:41.000]  lender must tender to the borrower all the amounts paid to the borrower, paid to the
[09:41.000 --> 09:48.000]  lender by the borrower within 20 days.
[09:48.000 --> 09:58.000]  If the lender fails to act within 20 days, then the borrower may retain all property
[09:58.000 --> 10:01.000]  without obligation.
[10:01.000 --> 10:11.000]  So it's essentially sudden death, and in the case we were working on with someone in facing
[10:11.000 --> 10:22.000]  foreclosure, they received a notice of acceleration, and a notice of acceleration is considered
[10:22.000 --> 10:25.000]  to mark the beginning of foreclosure.
[10:25.000 --> 10:31.000]  So when the notice of acceleration is filed, that's the date foreclosure begins, and this
[10:31.000 --> 10:37.000]  becomes important because you've only got four years to affect the foreclosure.
[10:37.000 --> 10:42.000]  Once the claim accrues, you've got four years to act on.
[10:42.000 --> 10:52.000]  So the time limit is clearly marked by the notice of intent to foreclose.
[10:52.000 --> 11:00.000]  So after this party received a notice of intent to foreclose, they filed a recension.
[11:00.000 --> 11:11.000]  And in this case, it was actually me who filed the recension because the borrower granted
[11:11.000 --> 11:13.000]  a quit claim to me.
[11:13.000 --> 11:23.000]  And in Texas, a quit claim deed is valid, but a quit claim deed only grants to me what
[11:23.000 --> 11:30.000]  claim the holder had against the party, whether borrower or whoever the issuer of the quit
[11:30.000 --> 11:32.000]  claim had.
[11:32.000 --> 11:35.000]  It grants that claim to me.
[11:35.000 --> 11:45.000]  And there is argument that says that the quit claim does not grant me the holder status
[11:45.000 --> 11:48.000]  of the property.
[11:48.000 --> 11:50.000]  And that's questionable.
[11:50.000 --> 12:03.000]  If the person holding an uncontested warranty deed quit claims his claim from himself to
[12:03.000 --> 12:11.000]  a third party, the third party accrues the entire claim that would be held by the person
[12:11.000 --> 12:13.000]  who issued the quit claim.
[12:13.000 --> 12:18.000]  Now, if it's just a third party who has nothing to do with the property, they can still file
[12:18.000 --> 12:20.000]  a quit claim.
[12:20.000 --> 12:28.000]  But it is of no effect in that the entity or person who filed the quit claim can only
[12:28.000 --> 12:31.000]  grant to you the claim they held.
[12:31.000 --> 12:41.000]  And if they were not the borrower, and they're not named in the deed of trust as the owner
[12:41.000 --> 12:46.000]  of the property, the holder of the property, then they only transferred to you the claims
[12:46.000 --> 12:49.000]  they actually had.
[12:49.000 --> 12:59.000]  So, in this case, the borrower transferred to me his claim against the property, and
[12:59.000 --> 13:01.000]  I immediately rescinded it.
[13:01.000 --> 13:10.000]  Well, Wells Fargo, on receiving the rescindion, chose not to deal with me, but rather notified
[13:10.000 --> 13:16.000]  the borrower that they would respond to the borrower's inquiry.
[13:16.000 --> 13:25.000]  They treated my notice of rescindion as if it were an inquiry, and they indicated they
[13:25.000 --> 13:30.000]  would respond to the 24th, well, we waited until the 24th to see what happened.
[13:30.000 --> 13:32.000]  Nothing.
[13:32.000 --> 13:42.000]  So, now I go back to the court and say the rescindion was affected by the notice.
[13:42.000 --> 13:46.000]  Recindition is like removal.
[13:46.000 --> 13:53.000]  If someone files suit against you in the state court, and the person lives in a different
[13:53.000 --> 13:58.000]  state than you, you can remove the case to the federal court.
[13:58.000 --> 14:00.000]  You don't file a motion for removal.
[14:00.000 --> 14:03.000]  You don't ask for permission for removal.
[14:03.000 --> 14:08.000]  You actually have the power to remove it.
[14:08.000 --> 14:11.000]  That's the same as rescindion.
[14:11.000 --> 14:16.000]  The borrower has the right to rescind it under certain circumstances.
[14:16.000 --> 14:18.000]  In this case, they did.
[14:18.000 --> 14:23.000]  So, the question was, what if the other party opposes the rescindion?
[14:23.000 --> 14:26.000]  In this case, they didn't.
[14:26.000 --> 14:35.000]  But had they filed a lawsuit to stop the rescindion, would that have the effect of staying the
[14:35.000 --> 14:37.000]  rescindion?
[14:37.000 --> 14:44.000]  And in reading this case, what the case says is no, it wouldn't.
[14:44.000 --> 14:52.000]  The Supreme Court noted that Countrywide did not dispute that section 1635A, only required
[14:52.000 --> 14:57.000]  written notice of the rescission within the first three days after the loan was closing.
[14:57.000 --> 15:02.000]  Countrywide further agreed that written notice was sufficient to rescind a loan within the
[15:02.000 --> 15:08.000]  three years after the closing, but only if the parties agreed that the lender failed
[15:08.000 --> 15:10.000]  to make the required disclosures.
[15:10.000 --> 15:15.000]  In other words, Countrywide argued that if the parties disputed the adequacy of the lender's
[15:15.000 --> 15:22.000]  disclosures, then written notice would not suffice and a lawsuit was required.
[15:22.000 --> 15:24.000]  The Supreme Court rejected this argument.
[15:24.000 --> 15:28.000]  Again, relying on the plain language of Truth in Lending Act, the Supreme Court held that
[15:28.000 --> 15:30.000]  section 635A.
[15:30.000 --> 15:37.000]  Nowhere suggests a distinction between disputed and undisputed rescissions, much less that
[15:37.000 --> 15:40.000]  a lawsuit would be required for the latter.
[15:40.000 --> 15:45.000]  Finally, the Supreme Court rejected Countrywide's efforts to invoke the common law to buttress
[15:45.000 --> 15:50.000]  their argument, rescission traditionally required either that the rescinding party return what
[15:50.000 --> 15:59.000]  was received before rescission could be effected, or else that a court affirmatively decree
[15:59.000 --> 16:03.000]  rescission, rescission inequity.
[16:03.000 --> 16:09.000]  Countrywide argued that Congress could not have intended to eliminate both of these long-standing
[16:09.000 --> 16:15.000]  common law arguments, I'm sorry, common law requirements, and allow a borrower to rescind
[16:15.000 --> 16:18.000]  a loan simply by writing to its lender.
[16:18.000 --> 16:23.000]  According to Countrywide, allowing rescission in this manner would simply encourage frivolous
[16:23.000 --> 16:25.000]  claims from borrowers.
[16:25.000 --> 16:31.000]  The Supreme Court was unpersuaded holding that.
[16:31.000 --> 16:39.000]  A clear import of 1635A is that a borrower need only provide written notice to a lender.
[16:39.000 --> 16:46.000]  In order to exercise his right to rescind to the extent 1635B alters the traditional process
[16:46.000 --> 16:53.000]  for unwinding such a unilaterally rescinded transition, this is simply a case in which
[16:53.000 --> 17:00.000]  statutory law modifies common law practice.
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[19:18.000 --> 19:46.000]  Thank you very much.
[19:48.000 --> 20:06.000]  Okay, we are back.
[20:06.000 --> 20:08.000]  Randy Kelton, rule of law radio.
[20:08.000 --> 20:12.000]  I did want to run that by everybody.
[20:12.000 --> 20:18.000]  I consider that to be especially profound.
[20:18.000 --> 20:27.000]  The way I read that, it dramatically changes the legal landscape.
[20:27.000 --> 20:38.000]  While Justinowski only addresses the three-year time period, in stating the right to rescind,
[20:38.000 --> 20:49.000]  it clearly defines the right to rescind as essentially absolute.
[20:49.000 --> 20:54.000]  That you don't have to have permission, you don't have to have a court ruling.
[20:54.000 --> 20:57.000]  You just rescind.
[20:57.000 --> 21:06.000]  And in this case, what I've been working toward is anybody who's facing foreclosure.
[21:06.000 --> 21:16.000]  And Jeff, I see there, I have you unmuted, and I want to get to you in just a second.
[21:16.000 --> 21:23.000]  Jeff sent me a case that we had turned out when I got the case and downloaded it or we looked at it.
[21:23.000 --> 21:26.000]  Jeff, I didn't want to get your opinion on this.
[21:26.000 --> 21:40.000]  The way I'm reading this is you can, if you have, wait, I want to say if you have grounds to rescind,
[21:40.000 --> 21:46.000]  then you can rescind it, but that's not what I'm seeing here.
[21:46.000 --> 21:59.000]  What the case law said, what the Justinowski case said is that if I give you notice of rescind,
[21:59.000 --> 22:03.000]  then it is rescinded.
[22:03.000 --> 22:11.000]  And you've got 20 days in which to return to me everything that I've paid in.
[22:11.000 --> 22:16.000]  In this case, I was a holder of a quit claim, so you must return to me everything
[22:16.000 --> 22:22.000]  that the original borrower who granted me the quit claim had paid you.
[22:22.000 --> 22:32.000]  And if you did that, then I was required to tender back to you the property.
[22:32.000 --> 22:42.000]  After you tendered to me, the way I read the rescission is once you give the notice of rescind,
[22:42.000 --> 22:48.000]  the note and the deed of trust is rendered void.
[22:48.000 --> 22:50.000]  It no longer exists.
[22:50.000 --> 22:55.000]  And even the person who filed the rescind cannot undo the rescind.
[22:55.000 --> 22:57.000]  It's a done deal.
[22:57.000 --> 23:00.000]  Now, what is left is tender.
[23:00.000 --> 23:06.000]  The bank is to tender to the borrower everything the bank received from the borrower,
[23:06.000 --> 23:18.000]  and then the borrower must tender to the bank or the lender what the borrower received from the lender.
[23:18.000 --> 23:29.000]  So the court defined how it was to be done, and it said first, the lender must tender.
[23:29.000 --> 23:37.000]  Once the lender tenders, then the borrower must tender back to the lender.
[23:37.000 --> 23:41.000]  This is a little too rhyming here.
[23:41.000 --> 23:43.000]  It gets a little confusing.
[23:43.000 --> 23:53.000]  But the courts were saying or the lenders were saying that in order to perfect the rescission,
[23:53.000 --> 23:57.000]  the borrower had to tender the property first.
[23:57.000 --> 24:04.000]  And the court said, no, the lender has to tender back all payments first to accept the order.
[24:04.000 --> 24:09.000]  So if you file a rescission, the bank must tender back to you first,
[24:09.000 --> 24:12.000]  then you must tender the property back to the bank.
[24:12.000 --> 24:22.000]  If they don't tender within 20 days, then you may retain the property without obligation.
[24:22.000 --> 24:30.000]  It appears to be sudden death, that this is absolute, unequivocal.
[24:30.000 --> 24:38.000]  Once the notice is filed, you have 20 days to respond, you fail to act within 20 days, it's over.
[24:38.000 --> 24:40.000]  And in this case, that's what happened.
[24:40.000 --> 24:44.000]  They chose not to respond to me, but responded to the borrower,
[24:44.000 --> 24:50.000]  saying that treating the rescission like a qualified written request,
[24:50.000 --> 24:55.000]  and noted that they would respond to it by the 24th, which they didn't.
[24:55.000 --> 25:00.000]  Jeff, are you there?
[25:00.000 --> 25:01.000]  Hello?
[25:01.000 --> 25:02.000]  Hello, Jeff.
[25:02.000 --> 25:04.000]  Oh, wait, this is Jeff from Mississippi.
[25:04.000 --> 25:06.000]  You're not Jeff Cedric?
[25:06.000 --> 25:07.000]  I'm Jeff.
[25:07.000 --> 25:10.000]  What are you doing impersonating Jeff Cedric on my show?
[25:10.000 --> 25:12.000]  I'm a good impersonator.
[25:12.000 --> 25:13.000]  Okay, hang on.
[25:13.000 --> 25:15.000]  I misread that.
[25:15.000 --> 25:17.000]  Jeff is the one that sent this to me.
[25:17.000 --> 25:20.000]  Give me just a minute, you're actually my second caller.
[25:20.000 --> 25:25.000]  And Eric is in front of you, so I'll go to Eric and then I'll come back to you,
[25:25.000 --> 25:27.000]  but don't you dare go anywhere.
[25:27.000 --> 25:34.000]  Okay, that was, I thought that was incredibly profound.
[25:34.000 --> 25:42.000]  Anybody who is in foreclosure, and by in foreclosure I mean
[25:42.000 --> 25:53.000]  anyone who has received from the lender a notice of acceleration of the note.
[25:53.000 --> 25:58.000]  The notice of acceleration, according to the courts,
[25:58.000 --> 26:02.000]  affects the beginning of foreclosure.
[26:02.000 --> 26:12.000]  And it is the notice of intent to accelerate that we activate 1635F.
[26:12.000 --> 26:17.000]  And after foreclosure, if you determine you find more than $35
[26:17.000 --> 26:23.000]  in improper fees charged to you, you can rescind.
[26:23.000 --> 26:28.000]  And we can always do that because at closing,
[26:28.000 --> 26:33.000]  when the bank, when the lender presented to the trustee
[26:33.000 --> 26:37.000]  and to you at closing a settlement statement,
[26:37.000 --> 26:42.000]  wherein page two contained a whole list of fees charged to you at closing,
[26:42.000 --> 26:47.000]  they failed to provide documentation to support those fees.
[26:47.000 --> 26:50.000]  Because they failed to provide any documentation,
[26:50.000 --> 26:56.000]  even though you may have reason to believe that some of those fees are valid,
[26:56.000 --> 27:03.000]  you only have theoretical reason to believe.
[27:03.000 --> 27:07.000]  I'm trying to think of the right word for this.
[27:07.000 --> 27:12.000]  You reasonably expect that the bank can incur certain fees,
[27:12.000 --> 27:17.000]  but you don't really know which of the fees listed on the HUD 1
[27:17.000 --> 27:22.000]  they actually incurred because they didn't give any documentation to support them.
[27:22.000 --> 27:29.000]  So under law, you don't know if any of them were valid.
[27:29.000 --> 27:32.000]  So you challenge all of the fees on the HUD 1 settlement statement,
[27:32.000 --> 27:35.000]  claim they're all bogus, and I guarantee you,
[27:35.000 --> 27:44.000]  it is an industry standard practice to put false fees on the HUD 1 settlement statement.
[27:44.000 --> 27:48.000]  Administration fee, document preparation fee, warehousing fee,
[27:48.000 --> 27:58.000]  these are all fees that were intended to be taken out of the interest charged by the lender.
[27:58.000 --> 28:05.000]  But as a matter of course, these costs that are the normal part of doing business
[28:05.000 --> 28:09.000]  that are forbidden to be put on the HUD 1 are put on the HUD 1.
[28:09.000 --> 28:15.000]  Added to the principal, instead of being taken out of the interest paid,
[28:15.000 --> 28:18.000]  they charge you interest on them for 30 years.
[28:18.000 --> 28:21.000]  So since you don't know which ones are valid, which ones are not,
[28:21.000 --> 28:26.000]  you claim they're all invalid.
[28:26.000 --> 28:30.000]  And that gives you your $35 claim for rescission.
[28:30.000 --> 28:38.000]  You file a rescission, and I cannot find any case law subsequent to Justinowski.
[28:38.000 --> 28:47.000]  It seems like the banks learned their lesson in letting Justinowski get to the Supreme,
[28:47.000 --> 28:50.000]  and they got this horrible decision against them,
[28:50.000 --> 28:54.000]  and now they're stuck with collateral estoppel.
[28:54.000 --> 28:58.000]  Collateral estoppel ruled on this issue.
[28:58.000 --> 29:01.000]  They can't go back and religate the issue.
[29:01.000 --> 29:04.000]  So now they can't say that the letter was not enough.
[29:04.000 --> 29:07.000]  They should never have let that get to the Supreme, but they did.
[29:07.000 --> 29:11.000]  And it seems like they're not letting any more get to the Supreme.
[29:11.000 --> 29:12.000]  They're making a deal.
[29:12.000 --> 29:18.000]  So if you have a foreclosure, rescind that side of the gun, rescind the loan,
[29:18.000 --> 29:23.000]  and then let the bank deal with the consequences.
[29:23.000 --> 29:26.000]  It's a pretty devastating ruling when you look at the consequences.
[29:26.000 --> 29:29.000]  Okay, when we come back, I'm going to go to callers.
[29:29.000 --> 29:35.000]  Randy Kelton, Rule of Law Radio, or call in number 512-646-1984.
[29:35.000 --> 29:39.000]  And Jeffrey Mississippi, I'm going to get to you after I get to Eric.
[29:39.000 --> 29:40.000]  Good night.
[29:40.000 --> 29:41.000]  I'll see you there.
[29:41.000 --> 29:42.000]  We'll get to everybody.
[29:42.000 --> 29:44.000]  We're going to break.
[29:44.000 --> 29:45.000]  Thank you for listening.
[29:45.000 --> 29:47.000]  We'll be right back.
[29:47.000 --> 30:07.000]  The speed limit on most U.S. highways tops out at a ho-hum 75 miles an hour.
[30:07.000 --> 30:11.000]  But Texas is opening a road that will be the fastest in the land.
[30:11.000 --> 30:16.000]  I'm Dr. Catherine Albrecht, back with America's highest speed road, next.
[30:16.000 --> 30:18.000]  Privacy is under attack.
[30:18.000 --> 30:22.000]  When you give up data about yourself, you'll never get it back again.
[30:22.000 --> 30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.000 --> 30:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.000 --> 30:35.000]  Privacy, it's worth hanging on to.
[30:35.000 --> 30:38.000]  This message is brought to you by StartPage.com,
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[30:45.000 --> 30:49.000]  In Texas, they say, everything is bigger and better.
[30:49.000 --> 30:53.000]  Well, now Texans can call themselves something else, faster.
[30:53.000 --> 30:57.000]  That's because officials in the Lone Star State have upped the speed limit on a toll road
[30:57.000 --> 30:59.000]  between Austin and San Antonio.
[30:59.000 --> 31:04.000]  They've raised it to 85 miles an hour, making it the speediest highway in the land.
[31:04.000 --> 31:10.000]  That may have been dangerous 50 years ago when cars weren't capable of traveling at sustained high speeds.
[31:10.000 --> 31:16.000]  But with today's superior engines, brakes, suspension systems, and tires, why not?
[31:16.000 --> 31:21.000]  In fact, if this weren't a toll road, I'd say maybe they're putting the free back in freeway.
[31:21.000 --> 31:22.000]  Yee-haw!
[31:22.000 --> 31:28.000]  I'm Dr. Catherine Albright for StartPage.com, the world's most private search engine.
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[32:02.000 --> 32:06.000]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:06.000 --> 32:10.000]  Today's America, we live in an us-against-them society, and if we the people are ever going to have a free society,
[32:10.000 --> 32:13.000]  then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:16.000]  Among those rights are the right to travel freely from place to place,
[32:16.000 --> 32:20.000]  the right to act in our own private capacity, and most importantly, the right to due process of law.
[32:20.000 --> 32:26.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[32:26.000 --> 32:29.000]  Former Sheriff's Deputy, Eddie Craig, in conjunction with Rule of Law Radio,
[32:29.000 --> 32:34.000]  has put together the most comprehensive teaching tool available that will help you understand what due process is
[32:34.000 --> 32:36.000]  and how to hold courts to the rule of law.
[32:36.000 --> 32:41.000]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today.
[32:41.000 --> 32:46.000]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie,
[32:46.000 --> 32:51.000]  video and audio of the original 2009 seminar, hundreds of research documents, and other useful resource material.
[32:51.000 --> 32:55.000]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:55.000 --> 33:00.000]  Order your copy today, and together we can have the free society we all want and deserve.
[33:00.000 --> 33:07.000]  Live, free speech radio, logosradionetwork.com.
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[33:12.000 --> 33:25.000]  Yes, Mr. Officer, you're taking the right hand. I want you to follow the law of the land. I don't understand.
[33:25.000 --> 33:28.000]  Your job is to protect our concern.
[33:28.000 --> 33:32.000]  Okay, we are back. Randy Thompson, Rule of Law Radio.
[33:32.000 --> 33:37.000]  Deborah Stevens, who's hanging out back there in the background, Rule of Law Radio.
[33:37.000 --> 33:43.000]  And we're going to go to calls. We're going to go to Eric in Oklahoma.
[33:43.000 --> 33:47.000]  Hello, Eric. What do you have for us today?
[33:47.000 --> 33:55.000]  Yes, sir, Mr. Randy. I emailed you yesterday, and you responded, and I appreciate that.
[33:55.000 --> 34:08.000]  I called in Monday, but Eddie was on the show, and I prevented my lawyer with all the information that he had,
[34:08.000 --> 34:12.000]  so that I would win my speeding ticket case.
[34:12.000 --> 34:22.000]  Well, my lawyer pretty much said that you're dealing with a Republican Texan type of people,
[34:22.000 --> 34:26.000]  and that he would not...
[34:26.000 --> 34:29.000]  Oh, this is... Yeah, I read that.
[34:29.000 --> 34:30.000]  Yes, sir.
[34:30.000 --> 34:36.000]  You made an argument that the lawyer was not familiar with,
[34:36.000 --> 34:48.000]  so he did a poisoning the well tactic in order to prevent you from forcing him to do his job.
[34:48.000 --> 34:54.000]  Since this is a ticket, this is wonderful. It's great fun.
[34:54.000 --> 35:01.000]  You get to learn something about law. You get to teach the lawyer something about law,
[35:01.000 --> 35:03.000]  but your liberty is not at great risk.
[35:03.000 --> 35:15.000]  So you paid the lawyer to represent legal issues in your behalf.
[35:15.000 --> 35:17.000]  Yes.
[35:17.000 --> 35:22.000]  Something of value changed hands.
[35:22.000 --> 35:28.000]  A contract is not a contract until something of value changes hands.
[35:28.000 --> 35:41.000]  So you gave the lawyer United States dollars in return for an agreement for him to act in his special capacity
[35:41.000 --> 35:45.000]  as learned counsel to adjudicate your rights.
[35:45.000 --> 35:51.000]  He accepted those United States dollars and thereby entered into a contract.
[35:51.000 --> 35:59.000]  Whether or not there was a written contract for this purpose is not specifically relevant
[35:59.000 --> 36:05.000]  as it is not the signing of a contract that creates the contract.
[36:05.000 --> 36:10.000]  It is the exchange of something of value.
[36:10.000 --> 36:16.000]  So he received something of value. He's bound.
[36:16.000 --> 36:26.000]  Lawyers have created this condition to where they can enter into a contract with you.
[36:26.000 --> 36:33.000]  They can agree to perform an act for you, but then if they decide they want to,
[36:33.000 --> 36:40.000]  they will simply ask to be removed from the case.
[36:40.000 --> 36:45.000]  And we just had a case like this in bankruptcy,
[36:45.000 --> 36:57.000]  where David Reckett's guy I work with is helping someone with a bankruptcy case and on a foreclosure.
[36:57.000 --> 37:04.000]  The lawyer wanted to dismiss it. The other side moved to dismiss the bankruptcy.
[37:04.000 --> 37:16.000]  And David told him that he had to file a motion to object him to the dismissal, and the lawyer didn't want to.
[37:16.000 --> 37:23.000]  So David instructed the client to file bar agreements against the lawyer, which he did.
[37:23.000 --> 37:34.000]  And the lawyer came back and immediately told the client that he was going to move the court to withdraw from the case.
[37:34.000 --> 37:42.000]  And he told the client to instruct the lawyer, no, you're not withdrawing from the case. You are under contract.
[37:42.000 --> 37:49.000]  If you attempt to withdraw from the case, then I'll sue you for malpractice and for all the money I paid you.
[37:49.000 --> 37:54.000]  Now David went to court, went to the hearing on the motion.
[37:54.000 --> 37:59.000]  The other side had filed a motion to dismiss the bankruptcy.
[37:59.000 --> 38:05.000]  He went to the hearing and he said he was absolutely disgusted.
[38:05.000 --> 38:10.000]  They said in that hearing, and it was a date for motion hearings,
[38:10.000 --> 38:17.000]  and one lawyer after another moved the court to dismiss their client's case.
[38:17.000 --> 38:24.000]  These were lawyers who had accepted money from their clients to represent them in a bankruptcy case.
[38:24.000 --> 38:30.000]  And one after the other moved the court to dismiss their own case.
[38:30.000 --> 38:36.000]  They threw their clients under the bus.
[38:36.000 --> 38:44.000]  Because bankruptcy from the legal profession is very competitive.
[38:44.000 --> 38:48.000]  And they tend to charge about $3,000 to $3,500 to do a bankruptcy.
[38:48.000 --> 38:52.000]  And there's a certain amount of things that they intend to do.
[38:52.000 --> 38:54.000]  It's always the same things in the bankruptcy.
[38:54.000 --> 38:58.000]  And when they've done those things, they're done.
[38:58.000 --> 39:04.000]  And they go to the court and ask the court to dismiss their client's case.
[39:04.000 --> 39:09.000]  That is unconscionable.
[39:09.000 --> 39:14.000]  So in this case, he told them, don't you dare allow them to dismiss the case,
[39:14.000 --> 39:18.000]  because if they dismiss the case, you're going to appeal the case.
[39:18.000 --> 39:20.000]  Oh, no, I don't do appeals.
[39:20.000 --> 39:22.000]  Yes, you do.
[39:22.000 --> 39:24.000]  You accepted payment.
[39:24.000 --> 39:26.000]  You entered into the contract.
[39:26.000 --> 39:29.000]  You're going to appeal it, or we'll free you from malpractice.
[39:29.000 --> 39:34.000]  Well, he got another lawyer to come in and object to the dismissal,
[39:34.000 --> 39:36.000]  and the case didn't get dismissed.
[39:36.000 --> 39:46.000]  The point is, when you instruct your lawyer to do something he doesn't want to do,
[39:46.000 --> 39:51.000]  my suggestion is you bargrief him immediately.
[39:51.000 --> 39:55.000]  Now, here's where we go into some ninja tactics,
[39:55.000 --> 39:58.000]  and we were talking about ninja tactics on the break.
[39:58.000 --> 40:03.000]  The ninja tactic is that you bargrief him,
[40:03.000 --> 40:08.000]  but you don't say a word to him about the bar grievance.
[40:08.000 --> 40:13.000]  And if your lawyer says a word to you about the bar grievance,
[40:13.000 --> 40:17.000]  then you bargrieve him for that,
[40:17.000 --> 40:27.000]  because once you bargrieve a lawyer, he is forbidden to address the issue with you.
[40:27.000 --> 40:30.000]  You filed a grievance with the State Bar Association,
[40:30.000 --> 40:36.000]  and any argument he has concerning the grievance must be taken to the bar.
[40:36.000 --> 40:40.000]  He's forbidden to address it with you.
[40:40.000 --> 40:45.000]  If he mentions it in the court, you move from this trial.
[40:45.000 --> 40:50.000]  And a lawyer, what the bar grievance will do is double his malpractice insurance
[40:50.000 --> 40:52.000]  if he doesn't get canceled.
[40:52.000 --> 40:56.000]  That's going to sting him good.
[40:56.000 --> 41:01.000]  So when you sting him, he's going to want out from under your contract,
[41:01.000 --> 41:05.000]  but he can't get out from under your contract.
[41:05.000 --> 41:07.000]  Now, Mr. Randy?
[41:07.000 --> 41:08.000]  Yes.
[41:08.000 --> 41:16.000]  I'm sorry to interrupt you, but he offered me a plea bargain,
[41:16.000 --> 41:19.000]  and I don't know if I totally messed up or not,
[41:19.000 --> 41:23.000]  but I went ahead and took that bargain.
[41:23.000 --> 41:28.000]  With me taking that bargain, did I pretty much cancel the contract,
[41:28.000 --> 41:34.000]  or how does that work out?
[41:34.000 --> 41:36.000]  Kind of, sort of.
[41:36.000 --> 41:39.000]  You kind of let him off the hook.
[41:39.000 --> 41:40.000]  Okay.
[41:40.000 --> 41:42.000]  But only kind of, sort of.
[41:42.000 --> 41:45.000]  If you had issues that could have been adjudicated,
[41:45.000 --> 41:50.000]  and he refused to adjudicate them,
[41:50.000 --> 41:54.000]  then he left you without alternative.
[41:54.000 --> 41:56.000]  Because he didn't adjudicate your case,
[41:56.000 --> 42:02.000]  you had to take the deal in order to have a worse result,
[42:02.000 --> 42:08.000]  because he refused to adjudicate your issues.
[42:08.000 --> 42:09.000]  Okay.
[42:09.000 --> 42:12.000]  This is a traffic citation?
[42:12.000 --> 42:15.000]  Yes, it's a traffic citation.
[42:15.000 --> 42:20.000]  And the lawyer is in Asia, Texas,
[42:20.000 --> 42:25.000]  and I got pulled over just north of McKinney, Texas.
[42:25.000 --> 42:26.000]  Oh, okay.
[42:26.000 --> 42:28.000]  You're at Oklahoma, but this is in McKinney.
[42:28.000 --> 42:29.000]  Oh, okay.
[42:29.000 --> 42:33.000]  And the lawyer is in McKinney, or she's in Oklahoma?
[42:33.000 --> 42:39.000]  He's in Asia, just west of Portland.
[42:39.000 --> 42:42.000]  But he's practicing in Texas.
[42:42.000 --> 42:45.000]  Yes, he's practicing in Texas.
[42:45.000 --> 42:49.000]  You might, just for a good education,
[42:49.000 --> 42:55.000]  I mean, if you've already taken the deal,
[42:55.000 --> 43:01.000]  you could, it's kind of hard to rescind the deal,
[43:01.000 --> 43:05.000]  because you had to testify that you accepted the deal,
[43:05.000 --> 43:09.000]  not under oath.
[43:09.000 --> 43:12.000]  But you can sue your lawyer from our,
[43:12.000 --> 43:15.000]  bargain with your lawyer and give him a notice
[43:15.000 --> 43:19.000]  of intent to sue from our practice.
[43:19.000 --> 43:24.000]  But in saying that,
[43:24.000 --> 43:28.000]  you might send a notice to your lawyer
[43:28.000 --> 43:32.000]  that he has harmed you because he refused to adjudicate
[43:32.000 --> 43:35.000]  the issues that you had before the court,
[43:35.000 --> 43:40.000]  and ask him to give you back all the money you paid.
[43:40.000 --> 43:42.000]  It would be fate if he doesn't.
[43:42.000 --> 43:45.000]  Think about it quickly.
[43:45.000 --> 43:46.000]  Okay.
[43:46.000 --> 43:49.000]  Let me explain why, and it's not going to be difficult.
[43:49.000 --> 43:50.000]  On the other side, hang on.
[43:50.000 --> 43:52.000]  Randy Kelton is on the radio.
[43:52.000 --> 44:02.000]  We'll be right back.
[44:02.000 --> 44:03.000]  Hello.
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[44:06.000 --> 44:09.000]  and I would like to invite you to come by our store
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[44:34.000 --> 44:37.000]  or find us online at naturespureorganics.com.
[44:37.000 --> 44:43.000]  That's 512-264-4043, naturespureorganics.com.
[44:43.000 --> 44:44.000]  Don't forget to like us on Facebook
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[44:47.000 --> 44:49.000]  naturespureorganics.com.
[44:49.000 --> 45:01.000]  Music
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
[45:04.000 --> 45:07.000]  Win your case without an attorney with Juris Dictionary,
[45:07.000 --> 45:11.000]  the affordable, easy-to-understand, 4-CD course
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[45:15.000 --> 45:19.000]  If you have a lawyer, know what your lawyer should be doing.
[45:19.000 --> 45:23.000]  If you don't have a lawyer, know what you should do for yourself.
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[45:34.000 --> 45:36.000]  Even if you're not in a lawsuit,
[45:36.000 --> 45:39.000]  you can learn what everyone should understand
[45:39.000 --> 45:41.000]  about the principles and practices
[45:41.000 --> 45:43.000]  that control our American courts.
[45:43.000 --> 45:46.000]  You'll receive our audio classroom, video seminar,
[45:46.000 --> 45:49.000]  tutorials, forms for civil cases,
[45:49.000 --> 45:52.000]  pro se tactics, and much more.
[45:52.000 --> 45:56.000]  Please visit ruleoflawradio.com and click on the banner
[45:56.000 --> 46:01.000]  or call toll-free, 866-LAW-EZ.
[46:01.000 --> 46:14.000] ...
[46:14.000 --> 46:17.000]  If you did not have any problems,
[46:17.000 --> 46:20.000]  where are you going to go for one?
[46:20.000 --> 46:23.000]  If you could not wait any longer,
[46:23.000 --> 46:26.000]  would you purposefully die?
[46:26.000 --> 46:29.000]  Does it stand to mind a soldier or warrior of love
[46:29.000 --> 46:32.000]  scuffling to keep his peace?
[46:32.000 --> 46:35.000]  All it's taking is a misunderstanding
[46:35.000 --> 46:37.000]  if somebody calls the police.
[46:37.000 --> 46:43.000]  Watching the spots fly.
[46:43.000 --> 46:49.000]  Watching the spots fly.
[46:49.000 --> 46:55.000]  Watching the spots fly.
[46:55.000 --> 46:56.000]  Okay, we are back.
[46:56.000 --> 46:59.000]  Randy Kelton, Debra Stevens, Rule of Law Radio,
[46:59.000 --> 47:02.000]  and we're talking to Eric in Oklahoma.
[47:02.000 --> 47:07.000]  Eric, since you took the deal,
[47:07.000 --> 47:11.000]  it's a traffic ticket, so it's not that great a deal.
[47:11.000 --> 47:14.000]  I suggest that you bargain with your lawyer,
[47:14.000 --> 47:19.000]  and this is not malicious.
[47:19.000 --> 47:25.000]  You and I, we have public servants working for us.
[47:25.000 --> 47:27.000]  They're the servants, we're the masters.
[47:27.000 --> 47:30.000]  And in this case, the lawyer was your servant.
[47:30.000 --> 47:35.000]  You paid him based on his special knowledge and capacity
[47:35.000 --> 47:37.000]  to represent your interests,
[47:37.000 --> 47:41.000]  and he did not adequately represent your interests.
[47:41.000 --> 47:46.000]  As a matter of fact, he advised you to take actions
[47:46.000 --> 47:50.000]  that served his purpose, not your purpose.
[47:50.000 --> 47:57.000]  After he charged you, I suggest you bargain with him
[47:57.000 --> 47:59.000]  and give him a notice of tort
[47:59.000 --> 48:03.000]  and demand that he return to you everything you paid to him.
[48:03.000 --> 48:06.000]  And it's not to harm the attorney,
[48:06.000 --> 48:12.000]  but if we're going to stop attorneys from doing this to us,
[48:12.000 --> 48:17.000]  we have to create a calculation for them.
[48:17.000 --> 48:20.000]  You want to try to screw your client around,
[48:20.000 --> 48:24.000]  your client just might screw you back.
[48:24.000 --> 48:27.000]  And these lawyers need to find out
[48:27.000 --> 48:32.000]  that the client can screw them back big time.
[48:32.000 --> 48:34.000]  Bar grievance and notice of tort
[48:34.000 --> 48:38.000]  will really sting that lawyer big time.
[48:38.000 --> 48:41.000]  I think this is going to be fun.
[48:41.000 --> 48:43.000]  He used to be a judge,
[48:43.000 --> 48:47.000]  so I think we're going to have some problem with this.
[48:47.000 --> 48:50.000]  Yeah, and it should be that way.
[48:50.000 --> 48:54.000]  You know, I was talking to my brother a while back,
[48:54.000 --> 48:57.000]  and my family, my brothers and sisters,
[48:57.000 --> 49:00.000]  were always complaining about the kids.
[49:00.000 --> 49:04.000]  And my brother was complaining about his stepson.
[49:04.000 --> 49:06.000]  And then he stopped and he said,
[49:06.000 --> 49:13.000]  you know, Randall, I don't ever remember you complaining about your kids.
[49:13.000 --> 49:17.000]  And I thought about it, and I said, well, no, I guess I haven't.
[49:17.000 --> 49:19.000]  He said, well, didn't they ever do anything wrong?
[49:19.000 --> 49:22.000]  I said, we're sure they did. They were kids.
[49:22.000 --> 49:27.000]  But those weren't problems. Those were opportunities.
[49:27.000 --> 49:31.000]  Those were opportunities to teach them.
[49:31.000 --> 49:33.000]  And, you know, I tell on the show all the time
[49:33.000 --> 49:37.000]  that I have grandkids and I love them dearly.
[49:37.000 --> 49:40.000]  But if one of them runs out in the road,
[49:40.000 --> 49:43.000]  I'm fixing to tan his hide.
[49:43.000 --> 49:46.000]  It's not because I don't love them dearly,
[49:46.000 --> 49:50.000]  but it is my job to teach them.
[49:50.000 --> 49:54.000]  And raising my children, always when they did things
[49:54.000 --> 49:58.000]  that I didn't consider proper or appropriate,
[49:58.000 --> 50:02.000]  I used it as an opportunity to teach them.
[50:02.000 --> 50:06.000]  We have an opportunity to teach this lawyer
[50:06.000 --> 50:10.000]  that he can't screw everybody,
[50:10.000 --> 50:17.000]  that the most dangerous person out there is his own client.
[50:17.000 --> 50:23.000]  Because clearly, when you walk into a courtroom with your own counsel,
[50:23.000 --> 50:30.000]  the most dangerous person in the courtroom to you is your own counsel.
[50:30.000 --> 50:35.000]  That's the one that can screw you worse than anybody in the courtroom.
[50:35.000 --> 50:39.000]  The lawyer needs to realize that as far as he is concerned,
[50:39.000 --> 50:44.000]  the most dangerous person in the courtroom is his client.
[50:44.000 --> 50:46.000]  Because if he screws the client,
[50:46.000 --> 50:51.000]  the client can land on him like a ton of bricks.
[50:51.000 --> 50:54.000]  So I suggest you file a bar grievance against the lawyer
[50:54.000 --> 50:57.000]  for failing to properly adjudicate your case.
[50:57.000 --> 51:01.000]  And then send a lawyer a tort letter.
[51:01.000 --> 51:04.000]  And the tort letter says that you have been harmed
[51:04.000 --> 51:07.000]  because the lawyer failed to adjudicate issues
[51:07.000 --> 51:10.000]  that would have mitigated your case.
[51:10.000 --> 51:12.000]  And he did so in breach of his own contract,
[51:12.000 --> 51:16.000]  and you demanded to pay all the money back you gave.
[51:16.000 --> 51:20.000]  That will really get his attention.
[51:20.000 --> 51:25.000]  And then see how that works out.
[51:25.000 --> 51:27.000]  And you can push that as far as you want to.
[51:27.000 --> 51:32.000]  You can actually sue him for malpractice if you want to go that far.
[51:32.000 --> 51:36.000]  But essentially, it's like my grandkids.
[51:36.000 --> 51:38.000]  I don't want to really hurt them,
[51:38.000 --> 51:42.000]  but I'm going to tan their hide if they run out on the road.
[51:42.000 --> 51:46.000]  This kind of comes under tanning the lawyer's hide,
[51:46.000 --> 51:51.000]  because it's not anything he can do to fix it.
[51:51.000 --> 51:53.000]  Exactly.
[51:53.000 --> 51:56.000]  Your bar grievance and your notice of tort
[51:56.000 --> 51:58.000]  is going to give him serious headache,
[51:58.000 --> 52:01.000]  and he can't do anything to fix it.
[52:01.000 --> 52:05.000]  He's not going to want to give you all your money back, but he may.
[52:05.000 --> 52:11.000]  And if he does, then it tells you that you gave him a good lesson.
[52:11.000 --> 52:14.000]  And depending on how he responds to you
[52:14.000 --> 52:21.000]  will determine whether or not you want to extend the lesson.
[52:21.000 --> 52:25.000]  But I'm saying all this, I absolutely suggest that you
[52:25.000 --> 52:31.000]  never do anything like this out of anger or avarice.
[52:31.000 --> 52:34.000]  You do it for the best reasons.
[52:34.000 --> 52:37.000]  You make him a better lawyer.
[52:37.000 --> 52:44.000]  You put him in a position to more effectively adjudicate his client's cases.
[52:44.000 --> 52:48.000]  And it gives him plausible deniability.
[52:48.000 --> 52:52.000]  The next case he gets, and they ask him to do this,
[52:52.000 --> 52:58.000]  then he goes to the lawyer and uses this standard phrase,
[52:58.000 --> 53:03.000]  Your Honor, my client says.
[53:03.000 --> 53:09.000]  That is a pat phrase they have to tell the judge that,
[53:09.000 --> 53:12.000]  Your Honor, this is not something I want to do,
[53:12.000 --> 53:19.000]  but my client is making me do it, he'll kick my butt if I don't.
[53:19.000 --> 53:25.000]  And this goes to the politics of the situation.
[53:25.000 --> 53:30.000]  Have you heard my analogy of the foresighted chessboard?
[53:30.000 --> 53:34.000]  No, sir, I'm pretty new to the whole program,
[53:34.000 --> 53:39.000]  so whenever it comes down to everything.
[53:39.000 --> 53:44.000]  Okay, when you go into court, you can think of it like a foresighted chessboard.
[53:44.000 --> 53:47.000]  Everything is about relationships.
[53:47.000 --> 53:52.000]  You will never win your case simply because you have the law and the facts on your side.
[53:52.000 --> 53:54.000]  To think so is naive.
[53:54.000 --> 53:58.000]  It is not that way now, it never has been that way since we've had judges.
[53:58.000 --> 54:00.000]  It's always about politics.
[54:00.000 --> 54:03.000]  You only win the case if you have the politics on your side,
[54:03.000 --> 54:07.000]  and all politics is local.
[54:07.000 --> 54:12.000]  When you walk into court, it's all about relationships.
[54:12.000 --> 54:16.000]  Think of it as a foresighted chessboard.
[54:16.000 --> 54:20.000]  You walk into court, you sit down at one side of the board.
[54:20.000 --> 54:23.000]  To your right is your counsel.
[54:23.000 --> 54:26.000]  To your left is opposing counsel.
[54:26.000 --> 54:28.000]  Across from you is the judge.
[54:28.000 --> 54:32.000]  You have a relationship with your counsel.
[54:32.000 --> 54:35.000]  Your counsel has a relationship with you,
[54:35.000 --> 54:39.000]  and he has a relationship with opposing counsel and the judge,
[54:39.000 --> 54:42.000]  because he deals with them all the time.
[54:42.000 --> 54:48.000]  The judge and opposing counsel have relationships with your counsel, but not with you.
[54:48.000 --> 54:50.000]  So if you're going to play foresighted chess,
[54:50.000 --> 54:56.000]  the way you're going to win is a couple of you got to gang up on another one
[54:56.000 --> 55:00.000]  and use your relationship to get rid of one of the players.
[55:00.000 --> 55:04.000]  You're always going to be the odd man out.
[55:04.000 --> 55:11.000]  So we don't think of it so much in terms of law, but in terms of politics.
[55:11.000 --> 55:19.000]  How do you use the relationship the lawyer has with these other two players
[55:19.000 --> 55:24.000]  in order to secure your best outcome?
[55:24.000 --> 55:28.000]  You give the lawyer plausible deniability.
[55:28.000 --> 55:31.000]  You put him in a position to where he goes to these other two and say,
[55:31.000 --> 55:38.000]  guys, I got a client here who is unruly.
[55:38.000 --> 55:41.000]  He's fixing to kick my behind.
[55:41.000 --> 55:44.000]  You guys got to help me out.
[55:44.000 --> 55:51.000]  And the way he does that is he tells the court, my client says.
[55:51.000 --> 55:57.000]  It's his way of saying to the court, I'm sorry, I have to bring up this issue,
[55:57.000 --> 56:03.000]  but my client over there is fixing to kick my behind if I don't.
[56:03.000 --> 56:10.000]  So most of the time I deliver my client up to you bound and gagged,
[56:10.000 --> 56:12.000]  but this time I can't.
[56:12.000 --> 56:15.000]  Now you got to help me out.
[56:15.000 --> 56:19.000]  That's what got my last case thrown out of court.
[56:19.000 --> 56:31.000]  When I stood, I raised a ruckus in the court in front of the judge with my attorney.
[56:31.000 --> 56:36.000]  And we went to the court recess for lunch and dismissed my case,
[56:36.000 --> 56:40.000]  dismissed my case to protect my lawyer from me.
[56:40.000 --> 56:47.000]  So you're already past a little late for the court to be able to actually do this in court,
[56:47.000 --> 56:54.000]  but you still have time to sting this lawyer so that the next guy that comes along
[56:54.000 --> 56:58.000]  may be a little bit of treatment.
[56:58.000 --> 56:59.000]  Okay.
[56:59.000 --> 57:02.000]  Sound like fun?
[57:02.000 --> 57:04.000]  Yes, sort of does.
[57:04.000 --> 57:07.000]  There's no rule that says you can't enjoy it.
[57:07.000 --> 57:08.000]  That's right.
[57:08.000 --> 57:14.000]  But anyway, I appreciate that, Mr. Randy, and I actually live just out of Fort Worth,
[57:14.000 --> 57:19.000]  so one of these days I'd love to meet you, sir.
[57:19.000 --> 57:20.000]  Already?
[57:20.000 --> 57:27.000]  If you're ever in the Fort Worth area, give me a call and go to the Texas State Bar Association website,
[57:27.000 --> 57:32.000]  pull down their bar grievance form and fill it out,
[57:32.000 --> 57:39.000]  and see how your lawyer likes getting back a little of what he gives out.
[57:39.000 --> 57:40.000]  Okay.
[57:40.000 --> 57:41.000]  Yes, sir.
[57:41.000 --> 57:42.000]  I appreciate it.
[57:42.000 --> 57:44.000]  Thank you, Mr. Eric.
[57:44.000 --> 57:48.000]  Okay, now we're going to go to Jeff in Mississippi.
[57:48.000 --> 57:50.000]  Hello, Mr. Jeff.
[57:50.000 --> 57:53.000]  Hey, Randy.
[57:53.000 --> 57:57.000]  Okay, how are things going in Arkansas?
[57:57.000 --> 58:03.000]  Well, I just wanted to tell you that I received my last letter or response
[58:03.000 --> 58:10.000]  for six judicial complaints, and I put in 42 bar complaints.
[58:10.000 --> 58:12.000]  I received the last...
[58:12.000 --> 58:13.000]  Wait a minute.
[58:13.000 --> 58:14.000]  Wait a minute.
[58:14.000 --> 58:15.000]  Only 42?
[58:15.000 --> 58:16.000]  What happened?
[58:16.000 --> 58:18.000]  Did you run out of paper?
[58:18.000 --> 58:19.000]  You know what?
[58:19.000 --> 58:22.000]  I've been eating a lot, and I've gotten really slow.
[58:22.000 --> 58:25.000]  Okay.
[58:25.000 --> 58:27.000]  You remind me of Eddie Craig.
[58:27.000 --> 58:33.000]  When he first met Eddie, he was calling me to our show,
[58:33.000 --> 58:36.000]  and he called in to find a remedy,
[58:36.000 --> 58:40.000]  and the remedy of what he was doing was to file some criminal complaints.
[58:40.000 --> 58:44.000]  I forgot, 117 or something, and I asked him,
[58:44.000 --> 58:47.000]  only 117?
[58:47.000 --> 58:48.000]  Well, what was the problem?
[58:48.000 --> 58:50.000]  He said, that was my...
[58:50.000 --> 58:54.000]  The Bible remains the most popular book in the world,
[58:54.000 --> 58:58.000]  yet countless readers are frustrated because they struggle to understand it.
[58:58.000 --> 59:02.000]  Some new translations try to help by simplifying the text,
[59:02.000 --> 59:07.000]  but in the process can compromise the profound meaning of the Scripture.
[59:07.000 --> 59:09.000]  Enter the Recovery Version.
[59:09.000 --> 59:13.000]  First, this new translation is extremely faithful and accurate,
[59:13.000 --> 59:18.000]  but the real story is the more than 9,000 explanatory footnotes.
[59:18.000 --> 59:22.000]  Difficult and profound passages are opened up in a marvelous way,
[59:22.000 --> 59:25.000]  providing an entrance into the riches of the Word
[59:25.000 --> 59:28.000]  beyond which you've ever experienced before.
[59:28.000 --> 59:33.000]  Bibles for America would like to give you a free Recovery Version simply for the asking.
[59:33.000 --> 59:39.000]  This comprehensive yet compact study Bible is yours just by calling us toll-free
[59:39.000 --> 59:48.000]  at 1-888-551-0102 or by ordering online at freestudybible.com.
[59:48.000 --> 59:51.000]  That's freestudybible.com.
[59:51.000 --> 59:56.000]  You're listening to the Logos Radio Network.
[59:56.000 --> 01:00:00.000]  And logosradionetwork.com.
[01:00:00.000 --> 01:00:05.000]  The following newsflash is brought to you by the Lone Star Lowdown,
[01:00:05.000 --> 01:00:08.000]  providing you daily bulletins for the commodities market,
[01:00:08.000 --> 01:00:12.000]  today in history, news updates,
[01:00:12.000 --> 01:00:21.000]  and the inside scoop into the tides of the alternative.
[01:00:21.000 --> 01:00:27.000]  Markets for the 25th of August 2015 opened up with gold at $1,143.36 an ounce,
[01:00:27.000 --> 01:00:30.000]  silver $14.70 an ounce,
[01:00:30.000 --> 01:00:33.000]  Texas crude $38.24 a barrel,
[01:00:33.000 --> 01:00:43.000]  and Bitcoin is currently sitting at about 223 U.S. currency.
[01:00:43.000 --> 01:00:46.000]  Today in history, Sunday, August 25, 1991,
[01:00:46.000 --> 01:00:51.000]  Linux is born and Linus Travolz sends off the email announcing his project
[01:00:51.000 --> 01:00:58.000]  to create a new operating system, Linux Kernel.
[01:00:58.000 --> 01:01:01.000]  In recent news, French prosecutors say that there's plenty of evidence
[01:01:01.000 --> 01:01:05.000]  suggesting that Ayub Al-Kazani carefully prepared a jihadist assault
[01:01:05.000 --> 01:01:08.000]  that would have ended in a lot of bloodshed had passengers not stopped him.
[01:01:08.000 --> 01:01:11.000]  He apparently boarded a high-speed train in Brussels on Friday
[01:01:11.000 --> 01:01:15.000]  armed with a Kalashnikov assault rifle, 270 rounds of ammunition,
[01:01:15.000 --> 01:01:19.000]  a Luger pistol, a bottle of petrol, and a box cutter.
[01:01:19.000 --> 01:01:22.000]  The 25-year-old walked out of the toilet cubicle armed and shirtless
[01:01:22.000 --> 01:01:26.000]  before being rustled to the ground by two young American off-duty servicemen.
[01:01:26.000 --> 01:01:31.000]  Paris prosecutor Francois Smollens described the attack as targeted and premeditated.
[01:01:31.000 --> 01:01:35.000]  French authorities have until this evening have charged or released Mitra Kazani,
[01:01:35.000 --> 01:01:44.000]  who has reportedly also been on the radar of several European intelligence agencies.
[01:01:44.000 --> 01:01:48.000]  Three German researchers just named a new species of crustacean after Edward Snowden.
[01:01:48.000 --> 01:01:51.000]  We have so many species named after other famous people
[01:01:51.000 --> 01:01:53.000]  who probably don't do so much for humanity.
[01:01:53.000 --> 01:01:57.000]  Christian Lacombe, one of the researchers, told the Washington Post of his name choice.
[01:01:57.000 --> 01:01:59.000]  I wanted to show support for Edward Snowden.
[01:01:59.000 --> 01:02:01.000]  I think he did something very special.
[01:02:01.000 --> 01:02:04.000]  The researchers described the newly discovered species of crayfish
[01:02:04.000 --> 01:02:07.000]  in an article published Monday in the journal Zookeys.
[01:02:07.000 --> 01:02:11.000]  The Sherex Snowden, which had previously been misidentified as a similar species,
[01:02:11.000 --> 01:02:14.000]  comes from the freshwater creeks in West Papau, Indonesia.
[01:02:14.000 --> 01:02:17.000]  The crayfish misters at just three to four inches in length
[01:02:17.000 --> 01:02:24.000]  and has green and orange pinchers.
[01:02:24.000 --> 01:02:30.000]  The Japanese Aerospace Exploration Agency launched the HTV-5 cargo ship Wednesday of last week.
[01:02:30.000 --> 01:02:34.000]  The robotic Japanese cargo ship had to make a special delivery to the International Space Station.
[01:02:34.000 --> 01:02:37.000]  Tons of food and supplies, including some mice and experimental liquor,
[01:02:37.000 --> 01:02:42.000]  arrived Sunday when it was captured via robotic arm by astronauts inside of the space station.
[01:02:42.000 --> 01:02:47.000]  It was carrying roughly about 9,500 pounds of supplies and science gear.
[01:02:47.000 --> 01:02:51.000]  Once the HTV-5 mission is completed, the vehicle will be detached from the station,
[01:02:51.000 --> 01:02:55.000]  falling and burning up in Earth's atmosphere.
[01:02:55.000 --> 01:03:08.000]  This was your lowdown for August 25, 2015.
[01:03:25.000 --> 01:03:28.000]  What did we say?
[01:03:55.000 --> 01:04:08.000]  Okay, we are back.
[01:04:08.000 --> 01:04:13.000]  Randy Kelton, Ugal Radio, and we're talking to Jeff in Mississippi.
[01:04:13.000 --> 01:04:17.000]  Okay, Jeff, I kind of ran off the cliff there.
[01:04:17.000 --> 01:04:19.000]  Where were we?
[01:04:19.000 --> 01:04:21.000]  That's so fine.
[01:04:21.000 --> 01:04:27.000]  I put in bar complaints and judicial complaints, and I have received responses on,
[01:04:27.000 --> 01:04:30.000]  I would say, probably half of them.
[01:04:30.000 --> 01:04:33.000]  The other half, I have not received anything.
[01:04:33.000 --> 01:04:39.000]  The responses that I have gotten back all say that we have concluded
[01:04:39.000 --> 01:04:43.000]  that there is insufficient evidence to, you know,
[01:04:43.000 --> 01:04:48.000]  to find the judge or the attorney guilty of any mistreatment.
[01:04:48.000 --> 01:04:53.000]  So they basically let the judge and the attorneys off, and I've got all those letters.
[01:04:53.000 --> 01:04:55.000]  I'm at the end of that.
[01:04:55.000 --> 01:05:04.000]  And also my question was, is I got charged with a rifle on campus,
[01:05:04.000 --> 01:05:09.000]  but I have also been arrested three other times to, I guess,
[01:05:09.000 --> 01:05:15.000]  to try to harass me into taking a plea without a warrant and without a bond hearing.
[01:05:15.000 --> 01:05:21.000]  What is the statute of limitations on that, like being arrested with no warrant?
[01:05:21.000 --> 01:05:24.000]  In Texas, it's one year.
[01:05:24.000 --> 01:05:27.000]  Oh, so I need to move fast.
[01:05:27.000 --> 01:05:29.000]  Yes, it's one year to sue.
[01:05:29.000 --> 01:05:31.000]  It may be different in Arkansas,
[01:05:31.000 --> 01:05:35.000]  but definitely need to get them a tort letter on the false imprisonment.
[01:05:35.000 --> 01:05:37.000]  Okay.
[01:05:37.000 --> 01:05:42.000]  The false imprisonment in Texas is not a criminal statute.
[01:05:42.000 --> 01:05:44.000]  The criminal statute is kidnapping.
[01:05:44.000 --> 01:05:50.000]  False imprisonment is a tort, and you have a year to act on that.
[01:05:50.000 --> 01:05:59.000]  And generally, you have to give a government agency 60 days notice before you can sue.
[01:05:59.000 --> 01:06:00.000]  Okay.
[01:06:00.000 --> 01:06:08.000]  So you give the state of Arkansas or the county commissioner's court,
[01:06:08.000 --> 01:06:12.000]  depending on where you're going to file the suit,
[01:06:12.000 --> 01:06:17.000]  you send them a tort letter, tell them you've been falsely imprisoned, you've been harmed.
[01:06:17.000 --> 01:06:22.000]  Now, this would be in the state, so you'd send this to the state,
[01:06:22.000 --> 01:06:25.000]  that you've been harmed in this amount, make me hold a B suit.
[01:06:25.000 --> 01:06:29.000]  And then on the 61st day, then you file a suit.
[01:06:29.000 --> 01:06:30.000]  Okay.
[01:06:30.000 --> 01:06:35.000]  Now, do I want a 1983?
[01:06:35.000 --> 01:06:36.000]  We definitely could.
[01:06:36.000 --> 01:06:39.000]  That's a whole different animal.
[01:06:39.000 --> 01:06:42.000]  I was talking about suing in the state.
[01:06:42.000 --> 01:06:48.000]  Suing under 1983 doesn't have these state restrictions.
[01:06:48.000 --> 01:06:49.000]  Okay.
[01:06:49.000 --> 01:06:50.000]  Because my first arrest...
[01:06:50.000 --> 01:06:53.000]  The state says before you can sue the state, you have to give us notice,
[01:06:53.000 --> 01:06:57.000]  but the state don't have anything to say about how you sue an offense.
[01:06:57.000 --> 01:06:58.000]  Okay.
[01:06:58.000 --> 01:07:05.000]  Because my first arrest was four years ago, and then peppered out throughout the four years,
[01:07:05.000 --> 01:07:07.000]  I've been dragged off the street.
[01:07:07.000 --> 01:07:13.000]  So probably all my arrests have now been more than a year ago, except for one.
[01:07:13.000 --> 01:07:21.000]  Then your avenue of redress is RICO.
[01:07:21.000 --> 01:07:22.000]  Okay.
[01:07:22.000 --> 01:07:25.000]  It's a pattern of misconduct.
[01:07:25.000 --> 01:07:26.000]  Okay.
[01:07:26.000 --> 01:07:36.000]  I filed a judicial complaint on these arrests, and the judicial complaint committee let the judge go.
[01:07:36.000 --> 01:07:37.000]  Wonderful.
[01:07:37.000 --> 01:07:38.000]  That is on the record.
[01:07:38.000 --> 01:07:47.000]  So that involves the state where you can show that the state condoned this improper behavior.
[01:07:47.000 --> 01:07:49.000]  Oh, for the federal?
[01:07:49.000 --> 01:07:50.000]  Yes.
[01:07:50.000 --> 01:07:53.000]  So when you go to the federal and claim a...
[01:07:53.000 --> 01:07:58.000]  You sue the state for RICO, and states have been sued for RICO before.
[01:07:58.000 --> 01:07:59.000]  What?
[01:07:59.000 --> 01:08:03.000]  They sued you for a pattern of conduct, and you have a really good pattern of conduct.
[01:08:03.000 --> 01:08:04.000]  Okay.
[01:08:04.000 --> 01:08:12.000]  Where they force you to come down and hang around the courthouse for a week, and then they don't bring your case up.
[01:08:12.000 --> 01:08:16.000]  This is absolutely unconscionable behavior on their part.
[01:08:16.000 --> 01:08:19.000]  Sometimes they arrested me.
[01:08:19.000 --> 01:08:24.000]  Yeah, and then when you don't do what they say, they just capriciously and arbitrarily arrest you
[01:08:24.000 --> 01:08:28.000]  in order to force you to give up your rights.
[01:08:28.000 --> 01:08:30.000]  You've got a great case.
[01:08:30.000 --> 01:08:32.000]  But I did do what they say.
[01:08:32.000 --> 01:08:33.000]  That's the thing.
[01:08:33.000 --> 01:08:36.000]  They said, come down here for two weeks and sit around the courthouse.
[01:08:36.000 --> 01:08:39.000]  So I'd show up and sit in the courthouse, and they would take me off in handcuffs,
[01:08:39.000 --> 01:08:46.000]  and then release me like a day later and put me out on the street.
[01:08:46.000 --> 01:08:48.000]  Okay.
[01:08:48.000 --> 01:08:53.000]  The one time your lawyer had you arrested.
[01:08:53.000 --> 01:08:56.000]  Yes, and we never did find out why that happened.
[01:08:56.000 --> 01:08:58.000]  I argued that in court.
[01:08:58.000 --> 01:09:05.000]  I even told the judge to get off the bench and get on the witness stand because I needed to question him about this arrest.
[01:09:05.000 --> 01:09:10.000]  And he refused, and they've never said anything about it since.
[01:09:10.000 --> 01:09:13.000]  We'll see if he refuses to a federal judge.
[01:09:13.000 --> 01:09:14.000]  Okay.
[01:09:14.000 --> 01:09:17.000]  The clock doesn't run.
[01:09:17.000 --> 01:09:26.000]  Actually, because of a case out of Chicago, the clock doesn't run as long as the judge is in office.
[01:09:26.000 --> 01:09:29.000]  Because we had a judge up there that was corrupt.
[01:09:29.000 --> 01:09:36.000]  And when they went after him, they went after him for everything he had done the whole time he was in office.
[01:09:36.000 --> 01:09:37.000]  Okay.
[01:09:37.000 --> 01:09:45.000]  Saying that people couldn't raise an issue because he was still in office and he'd retaliate against them.
[01:09:45.000 --> 01:09:49.000]  So the clock didn't start and still it got out of office.
[01:09:49.000 --> 01:09:54.000]  But here you're claiming an ongoing pattern of mistreatment.
[01:09:54.000 --> 01:09:55.000]  Yeah.
[01:09:55.000 --> 01:09:58.000]  So you don't have to worry about the clock.
[01:09:58.000 --> 01:10:00.000]  Oh, good.
[01:10:00.000 --> 01:10:04.000]  Especially for you and Rico and the vet.
[01:10:04.000 --> 01:10:05.000]  Okay.
[01:10:05.000 --> 01:10:19.000]  And my second is you wanted me to look up another person in my same court who has been messing around with courts for, you know, they haven't taken them to trial.
[01:10:19.000 --> 01:10:27.000]  And I found a lady who has been in the court system for eight years and they've never taken her to trial.
[01:10:27.000 --> 01:10:29.000]  I guess they've continued her case.
[01:10:29.000 --> 01:10:37.000]  So I sent in an open records request dated, I think I gave them like 20 days to respond.
[01:10:37.000 --> 01:10:44.000]  Well, that's been a month and a half ago and they have not responded.
[01:10:44.000 --> 01:10:49.000]  Look up pre-litigation discovery.
[01:10:49.000 --> 01:10:51.000]  It is in the Fed.
[01:10:51.000 --> 01:11:06.000]  The Fed has it so you can do pre-litigation discovery and ask the federal court to order them to release this information because you have reason to believe that you have a federal claim against them.
[01:11:06.000 --> 01:11:07.000]  All right.
[01:11:07.000 --> 01:11:20.000]  But you can't be certain until you have looked at certain documentation that you do not have access to, that they have access to and you do not.
[01:11:20.000 --> 01:11:31.000]  So to determine whether or not you actually have a claim, you need pre-litigation discovery and ask the federal court to order them to release its information.
[01:11:31.000 --> 01:11:32.000]  Okay.
[01:11:32.000 --> 01:11:35.000]  That old jerk could not run her shorts.
[01:11:35.000 --> 01:11:36.000]  Okay, good.
[01:11:36.000 --> 01:11:39.000]  We'll get that done and I will talk to you next week.
[01:11:39.000 --> 01:11:40.000]  Thank you.
[01:11:40.000 --> 01:11:41.000]  I'll let you move on.
[01:11:41.000 --> 01:11:42.000]  All right.
[01:11:42.000 --> 01:11:43.000]  Thank you, Jeff.
[01:11:43.000 --> 01:11:44.000]  Thank you.
[01:11:44.000 --> 01:11:45.000]  All right.
[01:11:45.000 --> 01:11:52.000]  This is Randy Kelton, Devin Stevens, Rue de la Radio and we're going to Nate in New York.
[01:11:52.000 --> 01:11:53.000]  Hello, Nate.
[01:11:53.000 --> 01:11:57.000]  What do you have for us today?
[01:11:57.000 --> 01:11:58.000]  Hello, Andy.
[01:11:58.000 --> 01:12:01.000]  This is Nathan from New York.
[01:12:01.000 --> 01:12:12.000]  And Nate, Nathan, whatever, I talked to you last Friday on the HUD1 issue that I was having.
[01:12:12.000 --> 01:12:25.000]  And you recommended that I tell them that I wanted to extend that contract.
[01:12:25.000 --> 01:12:31.000]  Okay, did you file a notice of rescission?
[01:12:31.000 --> 01:12:54.000]  Yes, I contacted them and told them that the, this is the settlement company, I contacted them and told them that I would like to extend the contract.
[01:12:54.000 --> 01:13:06.000]  And I was very shortly, I left the message with somebody and very shortly, I guess the manager or somebody called me back and said that Pennsylvania does not have any rescission laws.
[01:13:06.000 --> 01:13:13.000]  Wait, he said who doesn't have any rescission laws?
[01:13:13.000 --> 01:13:17.000]  Pennsylvania does not have any rescission laws.
[01:13:17.000 --> 01:13:19.000]  Who cares?
[01:13:19.000 --> 01:13:21.000]  This is federal.
[01:13:21.000 --> 01:13:28.000]  Okay, first thing is everything must be done in writing.
[01:13:28.000 --> 01:13:34.000]  If you talk to them, they will lie about what you say to them.
[01:13:34.000 --> 01:13:37.000]  They will lie about what they say to you.
[01:13:37.000 --> 01:13:43.000]  They will lie to you directly then they'll lie about lying to you.
[01:13:43.000 --> 01:13:48.000]  So everything needs to be done in writing.
[01:13:48.000 --> 01:13:59.000]  Okay, you need to give them notice as to why you have a right to rescind.
[01:13:59.000 --> 01:14:04.000]  Okay, are you in foreclosure?
[01:14:04.000 --> 01:14:10.000]  No, I'm not in foreclosure.
[01:14:10.000 --> 01:14:19.000]  Are you within three years of the consummation of the contract?
[01:14:19.000 --> 01:14:26.000]  This was the selling of the property.
[01:14:26.000 --> 01:14:34.000]  Okay, this is the one where they, this is actually different than rescission.
[01:14:34.000 --> 01:14:46.000]  This is where at closing, they coerced you into signing a contract that you didn't agree to.
[01:14:46.000 --> 01:14:50.000]  The problem is is you...
[01:14:50.000 --> 01:14:52.000]  Yeah, they...
[01:14:52.000 --> 01:14:56.000]  Okay, you got, okay, you're within the three-year time period.
[01:14:56.000 --> 01:15:03.000]  So did you look up Jesenowski?
[01:15:03.000 --> 01:15:04.000]  No.
[01:15:04.000 --> 01:15:07.000]  Okay, you need to look up a case.
[01:15:07.000 --> 01:15:10.000]  You got a pen?
[01:15:10.000 --> 01:15:17.000]  Write this down, J-E-S-I-N-O-S-K-I.
[01:15:17.000 --> 01:15:26.000]  Put Supreme Court Jesenowski and you'll get a hit on this case.
[01:15:26.000 --> 01:15:33.000]  This case will tell you what you need to do to rescind.
[01:15:33.000 --> 01:15:36.000]  You're within the three-year period.
[01:15:36.000 --> 01:15:40.000]  You were not given proper notice.
[01:15:40.000 --> 01:15:47.000]  You didn't receive a HUD-1 at least a day before the closing date.
[01:15:47.000 --> 01:15:54.000]  At closing, you were confronted with information you had no prior disclosure of,
[01:15:54.000 --> 01:16:11.000]  but your lawyer and the title company used overshadowing in order to coerce you into entering into the contract.
[01:16:11.000 --> 01:16:15.000]  So you exercise your right to rescind the contract.
[01:16:15.000 --> 01:16:19.000]  That's really all you got to tell them.
[01:16:19.000 --> 01:16:24.000]  It hasn't been three years yet, you failed to give me all the proper notifications.
[01:16:24.000 --> 01:16:26.000]  I hereby rescind the contract.
[01:16:26.000 --> 01:16:31.000]  Understand, you're not asking them to rescind.
[01:16:31.000 --> 01:16:35.000]  You have the power to rescind yourself.
[01:16:35.000 --> 01:16:41.000]  So what you're doing is giving them notice of rescind.
[01:16:41.000 --> 01:16:47.000]  Hang on, Randy Kelton, legal law, call in number 512-646-1984.
[01:16:47.000 --> 01:16:49.000]  Give us a call, we have the lines open all night.
[01:16:49.000 --> 01:17:00.000]  We'll be right back.
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[01:19:26.000 --> 01:19:31.000]  Okay, we are back.
[01:19:31.000 --> 01:19:33.000]  Don't use that idiom.
[01:19:33.000 --> 01:19:38.000]  And we're talking to Nate, Nathaniel in New York.
[01:19:38.000 --> 01:19:41.000]  And you went to closing.
[01:19:41.000 --> 01:19:52.000]  There were matters, apparently charges and tax issues that were not revealed to you prior to closing.
[01:19:52.000 --> 01:20:04.000]  You objected to them at closing and you were coerced by your lawyer and the closing trustee to enter into the contract anyway.
[01:20:04.000 --> 01:20:08.000]  You're beyond the three days in which to rescind.
[01:20:08.000 --> 01:20:17.000]  So now you are within the three-year period at which time you have to rescind based on lack of full disclosure.
[01:20:17.000 --> 01:20:20.000]  You're within that time period.
[01:20:20.000 --> 01:20:23.000]  So now you really need to...
[01:20:23.000 --> 01:20:34.000]  The question that I had was basically I didn't have time to get them anything written, notice within three days.
[01:20:34.000 --> 01:20:39.000]  But I did contact them and give them notice within the three-day period.
[01:20:39.000 --> 01:20:42.000]  But that was refused.
[01:20:42.000 --> 01:20:47.000]  So you gave them verbal notice within the three-day period.
[01:20:47.000 --> 01:20:50.000]  I did. I gave them verbal notice.
[01:20:50.000 --> 01:21:00.000]  I contacted them within the three-day period and told them that I wanted to rescind the contract.
[01:21:00.000 --> 01:21:04.000]  I just stated that I wished to rescind the contract.
[01:21:04.000 --> 01:21:08.000]  Okay. Who did you contact?
[01:21:08.000 --> 01:21:12.000]  I contacted the settlement company.
[01:21:12.000 --> 01:21:15.000]  The closing trustee. Good.
[01:21:15.000 --> 01:21:17.000]  The title company. Perfect.
[01:21:17.000 --> 01:21:24.000]  And the title company told you that Pennsylvania didn't have any recension laws.
[01:21:24.000 --> 01:21:26.000]  Wonderful.
[01:21:26.000 --> 01:21:29.000]  The closing trustee is a fiduciary.
[01:21:29.000 --> 01:21:34.000]  He has a duty to you and he misrepresented his duty to you.
[01:21:34.000 --> 01:21:37.000]  Now you have a claim against him directly.
[01:21:37.000 --> 01:21:44.000]  So what I suggest you do then is send a follow-up letter.
[01:21:44.000 --> 01:21:53.000]  And in the letter you state that this letter is a follow-up to your verbal notice of your intent to rescind
[01:21:53.000 --> 01:22:01.000]  and demand that they rescind the note and rescind the contract.
[01:22:01.000 --> 01:22:03.000]  Okay.
[01:22:03.000 --> 01:22:07.000]  That's really all you have to do.
[01:22:07.000 --> 01:22:12.000]  Did you hear the very beginning of the show today?
[01:22:12.000 --> 01:22:14.000]  The very beginning.
[01:22:14.000 --> 01:22:17.000]  I comment on the tail end of it.
[01:22:17.000 --> 01:22:23.000]  Okay. Well, I was going through recension.
[01:22:23.000 --> 01:22:37.000]  I'm trying to find the article that I'm reading because it was very good on what the actual case said.
[01:22:37.000 --> 01:22:47.000]  But clearly what the court said is all you have to do is give them notice.
[01:22:47.000 --> 01:22:52.000]  And it is rescinded. It doesn't matter if they object to it.
[01:22:52.000 --> 01:22:53.000]  The rescission is done.
[01:22:53.000 --> 01:22:58.000]  Now they may be able to go to court and ask the court to undo the rescission.
[01:22:58.000 --> 01:23:02.000]  But first they're required to tender.
[01:23:02.000 --> 01:23:09.000]  And in this case, since it's within the three-day period, they can't even claim harm
[01:23:09.000 --> 01:23:14.000]  because it's well within the three-day time limit.
[01:23:14.000 --> 01:23:18.000]  Most every transaction has a cooling off period.
[01:23:18.000 --> 01:23:21.000]  And these three days is a cooling off period.
[01:23:21.000 --> 01:23:30.000]  All you really do is send them a letter as a follow-up to your verbal notice of rescission.
[01:23:30.000 --> 01:23:32.000]  Any chance you recorded the...
[01:23:32.000 --> 01:23:37.000]  Oh, you're in Pennsylvania so you couldn't record the conversation.
[01:23:37.000 --> 01:23:39.000]  Wait a minute.
[01:23:39.000 --> 01:23:42.000]  I'm in New York now.
[01:23:42.000 --> 01:23:48.000]  Okay. Well, why did he say that Pennsylvania didn't have rescission laws?
[01:23:48.000 --> 01:23:52.000]  Was the contract signed in Pennsylvania?
[01:23:52.000 --> 01:23:57.000]  Yes. The property that was sold, I moved to New York.
[01:23:57.000 --> 01:24:07.000]  Oh, okay. So Pennsylvania laws, in Pennsylvania, you can't record unless both parties know
[01:24:07.000 --> 01:24:09.000]  it's a felony if you do.
[01:24:09.000 --> 01:24:12.000]  So you can't claim you have a recording.
[01:24:12.000 --> 01:24:20.000]  But you claim that you gave notice of rescission and give this letter as follow-up.
[01:24:20.000 --> 01:24:28.000]  In either case, if they challenge the three-day time limit,
[01:24:28.000 --> 01:24:32.000]  you're still authorized to rescind under the three-year time period.
[01:24:32.000 --> 01:24:36.000]  So you're well within in either case and it doesn't matter.
[01:24:36.000 --> 01:24:44.000]  Just give them a notice of rescission and the deed is done.
[01:24:44.000 --> 01:24:50.000]  And then when they fail to act, then you sue the trustee.
[01:24:50.000 --> 01:24:55.000]  The trustee has a fiduciary duty.
[01:24:55.000 --> 01:24:57.000]  You don't care what Pennsylvania law has.
[01:24:57.000 --> 01:24:59.000]  You're not rescinding under Pennsylvania law.
[01:24:59.000 --> 01:25:03.000]  You're rescinding under federal law.
[01:25:03.000 --> 01:25:05.000]  Well, that's what I said under...
[01:25:05.000 --> 01:25:14.000]  And I told him, I just stated that under the Federal Consumer Protection Act,
[01:25:14.000 --> 01:25:17.000]  I wish to rescind this contract.
[01:25:17.000 --> 01:25:22.000]  Okay. One thing I suggest you not do in the future.
[01:25:22.000 --> 01:25:31.000]  And a lot of us, it's hard for us not to do this, is don't give them legal advice.
[01:25:31.000 --> 01:25:35.000]  Just tell them, I'm rescinding the note.
[01:25:35.000 --> 01:25:39.000]  And let him figure out under what law you're rescinding it.
[01:25:39.000 --> 01:25:44.000]  Because if he perceives that you didn't quote it exactly right,
[01:25:44.000 --> 01:25:49.000]  he'll claim that because he claimed to rescind under this particular statute,
[01:25:49.000 --> 01:25:52.000]  then he can't rescind under this particular statute.
[01:25:52.000 --> 01:25:54.000]  Therefore, the rescission was not valid.
[01:25:54.000 --> 01:25:56.000]  To heck with that.
[01:25:56.000 --> 01:25:59.000]  When I go in and do an information request,
[01:25:59.000 --> 01:26:04.000]  I say, I want to see these records.
[01:26:04.000 --> 01:26:07.000]  And they say, well, under what authority?
[01:26:07.000 --> 01:26:10.000]  Under my authority as a citizen and under statute.
[01:26:10.000 --> 01:26:11.000]  Well, what statute?
[01:26:11.000 --> 01:26:13.000]  Look it up.
[01:26:13.000 --> 01:26:15.000]  You need a lawyer, go hire one.
[01:26:15.000 --> 01:26:18.000]  I'm not your lawyer.
[01:26:18.000 --> 01:26:25.000]  So they don't get to play this little game of you requesting it under the wrong statute.
[01:26:25.000 --> 01:26:26.000]  Heck with that.
[01:26:26.000 --> 01:26:28.000]  I request it.
[01:26:28.000 --> 01:26:34.000]  Then if they object, then I bring in the statute under which I requested it.
[01:26:34.000 --> 01:26:36.000]  But I'm not going to tell them what it is.
[01:26:36.000 --> 01:26:39.000]  I'm not going to give them legal advice.
[01:26:39.000 --> 01:26:42.000]  And it takes away an argument they can have.
[01:26:42.000 --> 01:26:50.000]  The law applies whether you cite the law or not.
[01:26:50.000 --> 01:26:52.000]  You're not their lawyer.
[01:26:52.000 --> 01:26:54.000]  They need to know what the law is.
[01:26:54.000 --> 01:26:55.000]  They can go find it.
[01:26:55.000 --> 01:26:57.000]  I'm here to invoke it.
[01:26:57.000 --> 01:27:00.000]  Does that make sense, Nick?
[01:27:00.000 --> 01:27:02.000]  Yeah.
[01:27:02.000 --> 01:27:07.000]  It just works a lot better.
[01:27:07.000 --> 01:27:15.000]  I try not to give them anything that they can raise an argument about.
[01:27:15.000 --> 01:27:21.000]  Because when you go in there, they are the servants, you are the master.
[01:27:21.000 --> 01:27:25.000]  And you're not there to bandy words with them.
[01:27:25.000 --> 01:27:33.000]  Like the closing trustee, the title company, he is your servant.
[01:27:33.000 --> 01:27:35.000]  You hired him to work for you.
[01:27:35.000 --> 01:27:41.000]  You're not there to get into a confrontation with him.
[01:27:41.000 --> 01:27:45.000]  You're not there to explain to him what his duty is.
[01:27:45.000 --> 01:27:49.000]  He has a duty to know what his duty is.
[01:27:49.000 --> 01:27:52.000]  You just simply tell him what you want him to do.
[01:27:52.000 --> 01:28:00.000]  And then when he doesn't do it, then you take the action that you can take based on the law that exists.
[01:28:00.000 --> 01:28:05.000]  You don't care if he knows what it is or not.
[01:28:05.000 --> 01:28:07.000]  He's the pro.
[01:28:07.000 --> 01:28:09.000]  He has a duty to know it.
[01:28:09.000 --> 01:28:13.000]  And most of the times, they don't know it.
[01:28:13.000 --> 01:28:15.000]  Most of the time, they don't have a clue as to what they're doing.
[01:28:15.000 --> 01:28:18.000]  They just do what they regularly do.
[01:28:18.000 --> 01:28:20.000]  And they don't really know the law.
[01:28:20.000 --> 01:28:28.000]  So I do this kind of from, you want to bushwhack them.
[01:28:28.000 --> 01:28:32.000]  You want to tell them what you want them to do and not tell them why.
[01:28:32.000 --> 01:28:39.000]  And let them figure out what the law is because they know, you already know what it is.
[01:28:39.000 --> 01:28:44.000]  And if they don't comply with it, you're going to hit them over the head with it.
[01:28:44.000 --> 01:28:49.000]  But you are not going to give them fair warning.
[01:28:49.000 --> 01:28:55.000]  That was a hard thing for me to get to, is not giving fair warning.
[01:28:55.000 --> 01:29:02.000]  But think of it in terms, you're working for a company, and the president of the company comes in,
[01:29:02.000 --> 01:29:06.000]  and he says, I want this done, I want this done, I want this done.
[01:29:06.000 --> 01:29:09.000]  And you say, well, why do you want that done?
[01:29:09.000 --> 01:29:13.000]  No, you don't say that to the president of the company.
[01:29:13.000 --> 01:29:16.000]  You do what he tells you.
[01:29:16.000 --> 01:29:23.000]  When you go into the meeting with the fiduciary, he tells what you tell him.
[01:29:23.000 --> 01:29:27.000]  And you don't have to explain yourself.
[01:29:27.000 --> 01:29:30.000]  He's the servant, you're the master.
[01:29:30.000 --> 01:29:35.000]  When we start acting like a master, we skew it and get Jesus out of it.
[01:29:35.000 --> 01:29:39.000]  We start wondering, what is he setting me up for?
[01:29:39.000 --> 01:29:46.000]  Basically, you want the decision done, you don't want to have to fight about it.
[01:29:46.000 --> 01:29:51.000]  I also want to ask you questions about the Hudson.
[01:29:51.000 --> 01:29:52.000]  Okay, hang on.
[01:29:52.000 --> 01:29:53.000]  Back to go to break.
[01:29:53.000 --> 01:29:58.000]  Randy Kelton, rule of law radio, call in number 512-646-1984.
[01:29:58.000 --> 01:30:04.000]  We'll be right back.
[01:30:04.000 --> 01:30:07.000]  Britain leads the world in public surveillance cameras,
[01:30:07.000 --> 01:30:10.000]  which have taken surveillance to a new low.
[01:30:10.000 --> 01:30:13.000]  I'm Dr. Catherine Albrecht, back to tell you the repulsive place
[01:30:13.000 --> 01:30:16.000]  those peeping toms have invaded next.
[01:30:16.000 --> 01:30:18.000]  Privacy is under attack.
[01:30:18.000 --> 01:30:22.000]  When you give up data about yourself, you'll never get it back again.
[01:30:22.000 --> 01:30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.000 --> 01:30:29.000]  So protect your rights.
[01:30:29.000 --> 01:30:32.000]  Say no to surveillance and keep your information to yourself.
[01:30:32.000 --> 01:30:35.000]  Privacy, it's worth hanging on to.
[01:30:35.000 --> 01:30:38.000]  This message is brought to you by Startpage.com,
[01:30:38.000 --> 01:30:42.000]  the private search engine alternative to Google, Yahoo, and Bing.
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[01:30:46.000 --> 01:30:48.000]  Britain is swimming in surveillance cameras.
[01:30:48.000 --> 01:30:52.000]  At last count, nearly 2 million of them were spying on law-abiding citizens.
[01:30:52.000 --> 01:30:56.000]  But the UK privacy group Big Brother Watch just revealed something
[01:30:56.000 --> 01:30:58.000]  I can only describe as disgusting.
[01:30:58.000 --> 01:31:04.000]  Cameras have been installed in bathrooms and changing rooms in schools across Britain.
[01:31:04.000 --> 01:31:08.000]  It's unclear who's watching the footage or what the schools do with the film.
[01:31:08.000 --> 01:31:11.000]  School officials claim they need these bathroom cams for security,
[01:31:11.000 --> 01:31:15.000]  but parents want to know who gave headmasters permission to film their children
[01:31:15.000 --> 01:31:18.000]  using toilets and taking showers.
[01:31:18.000 --> 01:31:22.000]  Shame on those schools for teaching kids the wrong lesson about safety.
[01:31:22.000 --> 01:31:31.000]  I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
[01:31:31.000 --> 01:31:37.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:37.000 --> 01:31:39.000]  The government says that fire brought it down.
[01:31:39.000 --> 01:31:44.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
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[01:31:47.000 --> 01:31:49.000]  Thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:51.000]  I'm not a conspiracy theorist.
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[01:31:54.000 --> 01:31:56.000]  I'm a father who lost his son.
[01:31:56.000 --> 01:31:58.000]  We're Americans, and we deserve the truth.
[01:31:58.000 --> 01:32:01.000]  Go to RememberBuilding7.org today.
[01:32:29.000 --> 01:32:32.000]  to handle your claim and your roof right the first time.
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[01:32:46.000 --> 01:32:51.000]  So if those out-of-town roofers come knocking, your door should be locking.
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[01:32:59.000 --> 01:33:02.000]  May not actually be kidding about chemtrails.
[01:33:02.000 --> 01:33:05.000]  You are listening to the Logos Radio Network.
[01:33:05.000 --> 01:33:08.000]  logosradionetwork.com
[01:33:08.000 --> 01:33:12.000]  The Logos Radio Network
[01:33:25.000 --> 01:33:27.000]  Okay, we are back.
[01:33:27.000 --> 01:33:25.060]  We're in the
[01:33:28.000 --> 01:33:30.000]  and we're talking to Nate in New York.
[01:33:30.000 --> 01:33:34.000]  Nate, does it kind of make sense where I was going there?
[01:33:34.000 --> 01:33:37.000]  Yes.
[01:33:37.000 --> 01:33:38.000]  Yeah.
[01:33:38.000 --> 01:33:40.000]  I'm struggling here.
[01:33:40.000 --> 01:33:46.000]  You know, I sit here and I talk to a microphone and I can't see the person on the other end.
[01:33:46.000 --> 01:33:55.000]  And I struggle to find a way to frame these ideas in a way that will make sense to someone else
[01:33:55.000 --> 01:33:58.000]  and not just sound good, but actually make sense to you.
[01:33:58.000 --> 01:34:01.000]  So when you walk in there and talk to these people,
[01:34:01.000 --> 01:34:05.000]  you'll have a frame of reference to work from.
[01:34:05.000 --> 01:34:15.000]  And going in as if you're the CEO and they're the servants is very powerful.
[01:34:15.000 --> 01:34:22.000]  They will get this impression that this guy knows something that I don't.
[01:34:22.000 --> 01:34:27.000]  The most fun things I do is I go into a courtroom and sit down.
[01:34:27.000 --> 01:34:31.000]  And you always get the bait to come over and say, may I help you?
[01:34:31.000 --> 01:34:34.000]  And I say, no, I'm good.
[01:34:34.000 --> 01:34:37.000]  What they're really saying is why are you here?
[01:34:37.000 --> 01:34:39.000]  They don't want to ask you directly.
[01:34:39.000 --> 01:34:47.000]  So I ignore what I know they really want and say, no, I'm good.
[01:34:47.000 --> 01:34:50.000]  Well, can I ask what your business here is today?
[01:34:50.000 --> 01:34:51.000]  No.
[01:34:51.000 --> 01:34:53.000]  I just talked to someone today.
[01:34:53.000 --> 01:34:58.000]  I went into a court and this is after I went through the metal detectors downstairs
[01:34:58.000 --> 01:35:01.000]  and I go up and I go in the courtroom and I call the bailiff over
[01:35:01.000 --> 01:35:04.000]  and I say, I want to see an appearance docket for this hearing today.
[01:35:04.000 --> 01:35:06.000]  He said, who are you?
[01:35:06.000 --> 01:35:07.000]  I said, none of your business.
[01:35:07.000 --> 01:35:10.000]  Go get me an appearance docket.
[01:35:10.000 --> 01:35:13.000]  He said, well, I'm not going to get you an appearance docket
[01:35:13.000 --> 01:35:15.000]  if you don't tell me who you are.
[01:35:15.000 --> 01:35:18.000]  I said, Mr. Bailiff, don't tell me that.
[01:35:18.000 --> 01:35:25.000]  You might want to go get your sergeant to tell me that because whoever tells me that,
[01:35:25.000 --> 01:35:30.000]  I'm going to take out my cell phone here and call 911, ask them to be arrested,
[01:35:30.000 --> 01:35:35.000]  and I don't want it to be you for following policy, so you might want to go get your sergeant.
[01:35:35.000 --> 01:35:38.000]  He went and got his sergeant and the sergeant said, well, who are you?
[01:35:38.000 --> 01:35:40.000]  None of your business.
[01:35:40.000 --> 01:35:43.000]  You go get me the appearance docket.
[01:35:43.000 --> 01:35:46.000]  He said, well, I'll go talk to the judge about it.
[01:35:46.000 --> 01:35:48.000]  That's a real good idea.
[01:35:48.000 --> 01:35:52.000]  He goes back and talks to the judge and comes out with my appearance docket.
[01:35:52.000 --> 01:35:55.000]  No problem.
[01:35:55.000 --> 01:35:58.000]  You have no idea how much fun that is.
[01:35:58.000 --> 01:35:59.000]  You are the master.
[01:35:59.000 --> 01:36:02.000]  They are the servants.
[01:36:02.000 --> 01:36:04.000]  You go to this title company.
[01:36:04.000 --> 01:36:09.000]  The title company specifically, he's going to know he's subject to suit,
[01:36:09.000 --> 01:36:16.000]  and you tell the title company this note is rescinded.
[01:36:16.000 --> 01:36:19.000]  You facilitate the rescindion.
[01:36:19.000 --> 01:36:24.000]  Just give it to him and write it, and it doesn't have to be complex.
[01:36:24.000 --> 01:36:28.000]  You are hereby given notice this note is rescinded.
[01:36:28.000 --> 01:36:32.000]  You don't have to tell him what law you're rescinding it under.
[01:36:32.000 --> 01:36:34.000]  Just give it to him.
[01:36:34.000 --> 01:36:40.000]  Pennsylvania doesn't have any rescindion laws as well,
[01:36:40.000 --> 01:36:44.000]  and we'll take that up in court if we have to.
[01:36:44.000 --> 01:36:47.000]  But in the meantime, you're a fiduciary.
[01:36:47.000 --> 01:36:48.000]  You have a job to do.
[01:36:48.000 --> 01:36:50.000]  You just do your job.
[01:36:50.000 --> 01:36:52.000]  So long as you do it in accordance with law, you're okay,
[01:36:52.000 --> 01:36:54.000]  so you don't have to worry about me.
[01:36:54.000 --> 01:36:57.000]  But in the meantime, here it is.
[01:36:57.000 --> 01:37:03.000]  All it needs to be is one, maybe two sentences, actually one sentence.
[01:37:03.000 --> 01:37:10.000]  You are hereby given notice that this note they entered into on this day,
[01:37:10.000 --> 01:37:14.000]  this time, something to identify the transaction specifically,
[01:37:14.000 --> 01:37:17.000]  is hereby rescinded.
[01:37:17.000 --> 01:37:18.000]  You can hand it to him.
[01:37:18.000 --> 01:37:19.000]  You can mail it to him.
[01:37:19.000 --> 01:37:21.000]  I suggest you mail it to him.
[01:37:21.000 --> 01:37:26.000]  I don't like them being able to talk to me.
[01:37:26.000 --> 01:37:31.000]  Makes people crazy when they can't try to reason with you.
[01:37:31.000 --> 01:37:34.000]  I'd like it if they never see me.
[01:37:34.000 --> 01:37:37.000]  You sharp-shoot them from a distance.
[01:37:37.000 --> 01:37:41.000]  They never get to figure out who they're dealing with.
[01:37:41.000 --> 01:37:46.000]  But if you're more comfortable taking it to them in person and take it down,
[01:37:46.000 --> 01:37:51.000]  and if it's a title company or if it's the party on the other side,
[01:37:51.000 --> 01:37:56.000]  you can take it to their office and give it to their secretary.
[01:37:56.000 --> 01:38:03.000]  Notice to any party.
[01:38:03.000 --> 01:38:05.000]  Any party within his office gets notice.
[01:38:05.000 --> 01:38:07.000]  The principal has notice.
[01:38:07.000 --> 01:38:10.000]  Notice to the agent is notice to the principal.
[01:38:10.000 --> 01:38:12.000]  So you give it to them.
[01:38:12.000 --> 01:38:13.000]  It's done.
[01:38:13.000 --> 01:38:16.000]  This is not complex.
[01:38:16.000 --> 01:38:20.000]  And you mentioned something about the HUD one.
[01:38:20.000 --> 01:38:26.000]  Yes, I wanted to ask you about that.
[01:38:26.000 --> 01:38:28.000]  I have it here in front of me now.
[01:38:28.000 --> 01:38:39.000]  And you said that you could just about guarantee that there were fees on there
[01:38:39.000 --> 01:38:42.000]  that did not belong on there.
[01:38:42.000 --> 01:38:43.000]  Yes.
[01:38:43.000 --> 01:38:48.000]  Here's what the Truth in Lending Act requires.
[01:38:48.000 --> 01:38:57.000]  Any cost on the part of the lender that is the normal part of doing business
[01:38:57.000 --> 01:39:01.000]  may not be charged to the borrower.
[01:39:01.000 --> 01:39:06.000]  These costs are intended to be taken out of the finance charge.
[01:39:06.000 --> 01:39:11.000]  The lender is not going to charge you for his lease on his property,
[01:39:11.000 --> 01:39:16.000]  for the insurance he pays for his employees,
[01:39:16.000 --> 01:39:21.000]  for the preparation of documents that have to be done in every case
[01:39:21.000 --> 01:39:23.000]  as a normal part of being in business,
[01:39:23.000 --> 01:39:28.000]  the processing of documents, the warehousing of documents.
[01:39:28.000 --> 01:39:30.000]  You'll find these on there.
[01:39:30.000 --> 01:39:36.000]  You'll almost always find a document preparation fee, a document processing fee.
[01:39:36.000 --> 01:39:41.000]  These are forbidden to be on there.
[01:39:41.000 --> 01:39:49.000]  So if you will scan that document, all I need on it is the second page.
[01:39:49.000 --> 01:39:52.000]  Scan that, send it to me.
[01:39:52.000 --> 01:39:54.000]  I'll go through it now.
[01:39:54.000 --> 01:40:00.000]  I will send you back something that will make a claim against those.
[01:40:00.000 --> 01:40:03.000]  Here's the trick.
[01:40:03.000 --> 01:40:06.000]  You don't challenge them individually.
[01:40:06.000 --> 01:40:09.000]  You know there's some in there that's fraudulent.
[01:40:09.000 --> 01:40:10.000]  There always is.
[01:40:10.000 --> 01:40:13.000]  It's just an industry standard.
[01:40:13.000 --> 01:40:16.000]  They've been doing this so consistent, so long,
[01:40:16.000 --> 01:40:20.000]  that for the most part the people who are actually doing it
[01:40:20.000 --> 01:40:23.000]  don't know these fees are improper.
[01:40:23.000 --> 01:40:26.000]  And it's very seldom anybody ever challenges them.
[01:40:26.000 --> 01:40:34.000]  So the claim you make is that all of the fees are fraudulent.
[01:40:34.000 --> 01:40:38.000]  And the reason you make that claim is at closing,
[01:40:38.000 --> 01:40:41.000]  they charge you these fees.
[01:40:41.000 --> 01:40:45.000]  Now out here in the real world, if somebody charges me a fee,
[01:40:45.000 --> 01:40:49.000]  I expect to see an invoice.
[01:40:49.000 --> 01:40:52.000]  They didn't give you any invoices.
[01:40:52.000 --> 01:40:53.000]  They didn't give you anything.
[01:40:53.000 --> 01:40:57.000]  They just said you owe this amount of money.
[01:40:57.000 --> 01:41:02.000]  So your claim is that at closing the lender failed to provide documentation
[01:41:02.000 --> 01:41:08.000]  to show that the fees charged were not otherwise forbidden to be charged by law,
[01:41:08.000 --> 01:41:12.000]  that the amounts charged were reasonable,
[01:41:12.000 --> 01:41:17.000]  that the services provided were necessary,
[01:41:17.000 --> 01:41:23.000]  and that the lender did not take an undisclosed markup on the fees charged.
[01:41:23.000 --> 01:41:29.000]  This is all in the Truth in Lending Act, things they're forbidden to do.
[01:41:29.000 --> 01:41:33.000]  If they failed to provide you evidence to show that the fees were valid,
[01:41:33.000 --> 01:41:36.000]  therefore they're not valid,
[01:41:36.000 --> 01:41:41.000]  then you demand that they pull them all up.
[01:41:41.000 --> 01:41:45.000]  I've helped over 600 people file federal lawsuits,
[01:41:45.000 --> 01:41:48.000]  and we made these claims in the lawsuit.
[01:41:48.000 --> 01:41:53.000]  Everything on the HUD one was fraudulent.
[01:41:53.000 --> 01:41:58.000]  Got any idea how many of the fees were actually pulled out?
[01:41:58.000 --> 01:42:02.000]  I'm not the borrower in this case.
[01:42:02.000 --> 01:42:03.000]  It doesn't matter.
[01:42:03.000 --> 01:42:07.000]  You're being charged a fee anyway.
[01:42:07.000 --> 01:42:12.000]  We have never ever had a fee pulled up,
[01:42:12.000 --> 01:42:17.000]  because there are fraudulent fees on there.
[01:42:17.000 --> 01:42:22.000]  All of the fees charged on the HUD one settlement statement
[01:42:22.000 --> 01:42:29.000]  affect how much you get out of the transaction, how much it costs the other person.
[01:42:29.000 --> 01:42:34.000]  The other person has a certain amount of money to put into the contract,
[01:42:34.000 --> 01:42:38.000]  and you're trying to draw out a certain amount of money,
[01:42:38.000 --> 01:42:42.000]  and that's mitigated by how much money the fiduciaries
[01:42:42.000 --> 01:42:46.000]  and the people in between siphon off.
[01:42:46.000 --> 01:42:54.000]  So everything that the lender charges the borrower to purchase your property,
[01:42:54.000 --> 01:43:00.000]  every dollar he has to give the lender, that's a dollar he's not giving you.
[01:43:00.000 --> 01:43:04.000]  So you have a stake in all of that.
[01:43:04.000 --> 01:43:06.000]  Claim they're all fraudulent.
[01:43:06.000 --> 01:43:09.000]  They won't prove up any of them.
[01:43:09.000 --> 01:43:10.000]  Not a one.
[01:43:10.000 --> 01:43:15.000]  We have never ever had a single fee pulled up.
[01:43:15.000 --> 01:43:19.000]  There's a real good reason why we haven't,
[01:43:19.000 --> 01:43:24.000]  because that document always has fraudulent fees on it.
[01:43:24.000 --> 01:43:31.000]  And if they prove up one that's not fraudulent and don't prove up another,
[01:43:31.000 --> 01:43:35.000]  under law that creates an adverse inference.
[01:43:35.000 --> 01:43:42.000]  It adversely infers that that other fee you didn't prove up is exactly what we said it was.
[01:43:42.000 --> 01:43:47.000]  Theft by deception, fraud.
[01:43:47.000 --> 01:43:50.000]  Does that make sense?
[01:43:50.000 --> 01:43:52.000]  Yeah, I need your bill.
[01:43:52.000 --> 01:43:55.000]  I want to scan this and send it to you, but I don't want it.
[01:43:55.000 --> 01:43:57.000]  Scan it, send it to me, Randy.
[01:43:57.000 --> 01:44:00.000]  Hang on, we'll be right back.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000]  Boring!
[01:44:05.000 --> 01:44:07.000]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.000 --> 01:44:08.000]  What?
[01:44:08.000 --> 01:44:13.000]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:13.000 --> 01:44:16.000]  Hi, my name is Steve Holt, and like millions of other Americans,
[01:44:16.000 --> 01:44:19.000]  I was diagnosed with stupidity at an early age.
[01:44:19.000 --> 01:44:25.000]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
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[01:44:30.000 --> 01:44:36.000]  The staff at Brave New Books have helped me and thousands of other poxaholics suffering from sports zombieism recover.
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[01:44:43.000 --> 01:44:50.000]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503
[01:44:50.000 --> 01:44:55.000]  or visit them in 1904 Guadalupe or bravenewbookstore.com.
[01:44:55.000 --> 01:44:58.000]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary
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[01:45:01.000 --> 01:45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:01.000 --> 01:46:22.000]  Music
[01:46:22.000 --> 01:46:23.000]  Okay, we are back.
[01:46:23.000 --> 01:46:24.000]  Randy Kelton.
[01:46:24.000 --> 01:46:25.000]  We're on the radio.
[01:46:25.000 --> 01:46:26.000]  We're talking to Nate in New York.
[01:46:26.000 --> 01:46:33.000]  I don't mean to be pedantic, but I'm trying to speak to everyone while I'm speaking to you
[01:46:33.000 --> 01:46:37.000]  on the basic idea of how to think about these things.
[01:46:37.000 --> 01:46:45.000]  Now, yours is kind of a peculiar situation in that you're not the buyer, you're the seller.
[01:46:45.000 --> 01:46:51.000]  So it's a little more complex in addressing how your issues apply.
[01:46:51.000 --> 01:46:57.000]  If you will scan that HUD1 and send it to me, but make sure when you scan it,
[01:46:57.000 --> 01:47:02.000]  I suggest you scan it as an image instead of as a PDF.
[01:47:02.000 --> 01:47:06.000]  A lot of times the scanner cuts off the bottom half of the page.
[01:47:06.000 --> 01:47:10.000]  Some scanners don't let you select page size.
[01:47:10.000 --> 01:47:19.000]  If you scan it as an image, it'll scan the entire thing, and then I can recombine it into a PDF.
[01:47:19.000 --> 01:47:30.000]  And I'll look at it, and then next week I can better address how to take on the fees in the HUD1.
[01:47:30.000 --> 01:47:33.000]  Does that sound reasonable?
[01:47:33.000 --> 01:47:38.000]  Yeah, and send that to Randy at RuralWallRadio.
[01:47:38.000 --> 01:47:40.000]  Yes, RuralWallRadio.com.
[01:47:40.000 --> 01:47:45.000]  Get that to me, and next week I'll have you some very specific suggestions.
[01:47:45.000 --> 01:47:51.000]  I'll actually respond to an email in the interim.
[01:47:51.000 --> 01:47:52.000]  Okay.
[01:47:52.000 --> 01:47:53.000]  Okay, thank you, Nate.
[01:47:53.000 --> 01:47:54.000]  I do need to move along.
[01:47:54.000 --> 01:47:55.000]  We've got one segment.
[01:47:55.000 --> 01:47:57.000]  We've got one more caller.
[01:47:57.000 --> 01:47:59.000]  I'm going to talk to you next week, Nate.
[01:47:59.000 --> 01:48:02.000]  Okay, now we're going to David in South Dakota.
[01:48:02.000 --> 01:48:04.000]  Hello, David.
[01:48:04.000 --> 01:48:05.000]  Hello, Randy.
[01:48:05.000 --> 01:48:06.000]  This is me.
[01:48:06.000 --> 01:48:07.000]  How are you?
[01:48:07.000 --> 01:48:08.000]  Hello, me?
[01:48:08.000 --> 01:48:09.000]  Oh, wait.
[01:48:09.000 --> 01:48:11.000]  This is not David in South Dakota.
[01:48:11.000 --> 01:48:15.000]  This is David in Austin.
[01:48:15.000 --> 01:48:18.000]  No, no, not in Austin.
[01:48:18.000 --> 01:48:21.000]  Oh, you sound like someone else I know.
[01:48:21.000 --> 01:48:23.000]  You're not drunk, are you?
[01:48:23.000 --> 01:48:25.000]  No, sir.
[01:48:25.000 --> 01:48:28.000]  Then you're not that David.
[01:48:28.000 --> 01:48:32.000]  Okay, go ahead.
[01:48:32.000 --> 01:48:38.000]  I'm calling you about a foreclosure on a tax.
[01:48:38.000 --> 01:48:44.000]  It was a tax balance that was sold to one of those calls that buys them.
[01:48:44.000 --> 01:48:49.000]  And then right now I can't pull up the reason why.
[01:48:49.000 --> 01:48:53.000]  But anyway, some 51 months ago I stopped making the payments,
[01:48:53.000 --> 01:48:58.000]  and he just notified me that he wants to foreclose after 51 months.
[01:48:58.000 --> 01:48:59.000]  Wait a minute.
[01:48:59.000 --> 01:49:00.000]  Wait a minute.
[01:49:00.000 --> 01:49:01.000]  Hold on.
[01:49:01.000 --> 01:49:02.000]  Hold on.
[01:49:02.000 --> 01:49:04.000]  Tax?
[01:49:04.000 --> 01:49:09.000]  Or you're saying this is a tax foreclosure or tax sale,
[01:49:09.000 --> 01:49:13.000]  or is it a foreclosure on a contract, a mortgage?
[01:49:13.000 --> 01:49:15.000]  It's foreclosure on a contract,
[01:49:15.000 --> 01:49:25.000]  but the contract was to fund a county delinquent tax note.
[01:49:25.000 --> 01:49:26.000]  Okay.
[01:49:26.000 --> 01:49:27.000]  There's a provision.
[01:49:27.000 --> 01:49:30.000]  I'm sure you're aware of it.
[01:49:30.000 --> 01:49:32.000]  They don't advertise it a lot.
[01:49:32.000 --> 01:49:35.000]  There's a provision in the Texas law.
[01:49:35.000 --> 01:49:38.000]  If you're a delinquent on your taxes,
[01:49:38.000 --> 01:49:42.000]  you can go to an outside agent and borrow the money basically,
[01:49:42.000 --> 01:49:47.000]  and they will pay the taxes with your loan, and then you repay them.
[01:49:47.000 --> 01:49:49.000]  Oh, okay.
[01:49:49.000 --> 01:49:53.000]  So this is essentially just a foreclosure?
[01:49:53.000 --> 01:49:55.000]  It's basically a foreclosure, yes, sir.
[01:49:55.000 --> 01:49:57.000]  That's where it is.
[01:49:57.000 --> 01:50:00.000]  You took a loan out against the property,
[01:50:00.000 --> 01:50:05.000]  and what you took it out for is essentially irrelevant.
[01:50:05.000 --> 01:50:09.000]  It happened to be to pay taxes, but it doesn't matter.
[01:50:09.000 --> 01:50:14.000]  You gave them a claim against the property,
[01:50:14.000 --> 01:50:16.000]  and did you give them a deed of trust,
[01:50:16.000 --> 01:50:24.000]  or was this in the form of a home equity loan?
[01:50:24.000 --> 01:50:25.000]  No, it was a deed of trust,
[01:50:25.000 --> 01:50:32.000]  and I paid on it for about five or six years,
[01:50:32.000 --> 01:50:38.000]  and I'm not sure I remember the reason why I stopped paying,
[01:50:38.000 --> 01:50:41.000]  but I had a good reason right at this moment.
[01:50:41.000 --> 01:50:43.000]  I'm a lot older than I sound on the radio,
[01:50:43.000 --> 01:50:46.000]  and my short-term memory fails me.
[01:50:46.000 --> 01:50:49.000]  When it comes back, I'll fill in the blank.
[01:50:49.000 --> 01:50:55.000]  Okay, if you will get me a copy of the contract,
[01:50:55.000 --> 01:51:00.000]  you'll have a HUD one as well with it,
[01:51:00.000 --> 01:51:04.000]  a copy of the note, the HUD one,
[01:51:04.000 --> 01:51:08.000]  and a truth in lending if you have one.
[01:51:08.000 --> 01:51:12.000]  If this is not a federal lender, you may not have one,
[01:51:12.000 --> 01:51:14.000]  but if you have those three documents,
[01:51:14.000 --> 01:51:16.000]  get them to me, I'll have a look at it,
[01:51:16.000 --> 01:51:19.000]  and then I can pull up your property in the tax records
[01:51:19.000 --> 01:51:21.000]  or in the county records,
[01:51:21.000 --> 01:51:25.000]  and get a good idea of what's going on there.
[01:51:25.000 --> 01:51:28.000]  Okay, I have a little bit more to the story.
[01:51:28.000 --> 01:51:32.000]  Some time after, I paid and paid,
[01:51:32.000 --> 01:51:33.000]  but before I stopped paying,
[01:51:33.000 --> 01:51:37.000]  they sold the note to another company,
[01:51:37.000 --> 01:51:40.000]  and I paid on that for a while, and that's...
[01:51:40.000 --> 01:51:45.000]  How do you know they sold the note to another company?
[01:51:45.000 --> 01:51:50.000]  Well, I got a letter some time after it happened
[01:51:50.000 --> 01:51:53.000]  that I should make my payments to a different person
[01:51:53.000 --> 01:51:56.000]  than I was originally making them to.
[01:51:56.000 --> 01:52:01.000]  Okay, did they file anything in the public record to that effect?
[01:52:01.000 --> 01:52:02.000]  I don't know.
[01:52:02.000 --> 01:52:05.000]  I've been trying to find someone down in Austin
[01:52:05.000 --> 01:52:07.000]  that can look it up.
[01:52:07.000 --> 01:52:11.000]  Oh, you can go online and look it up.
[01:52:11.000 --> 01:52:16.000]  If you're older, what you need to do is go out into the street
[01:52:16.000 --> 01:52:20.000]  and flag down the first 10-year-old you see
[01:52:20.000 --> 01:52:25.000]  and have him explain to you how all these newfangled computers work.
[01:52:25.000 --> 01:52:29.000]  I know the story, Randy, but I live in a town
[01:52:29.000 --> 01:52:33.000]  where there's only 250 souls in the whole town,
[01:52:33.000 --> 01:52:36.000]  so it'd be hard for me to find a 10-year-old.
[01:52:36.000 --> 01:52:41.000]  I bet there aren't 50 internet connections in the whole city.
[01:52:41.000 --> 01:52:42.000]  In the whole city, okay.
[01:52:42.000 --> 01:52:46.000]  Then if you will, do you...
[01:52:46.000 --> 01:52:51.000]  Okay, if you can get me your address,
[01:52:51.000 --> 01:52:53.000]  if you know somebody who has email,
[01:52:53.000 --> 01:52:56.000]  I don't want the address over the air,
[01:52:56.000 --> 01:53:01.000]  but if you can get someone to email to me the address,
[01:53:01.000 --> 01:53:07.000]  I can look it up from here and get a pretty good idea of what's going on.
[01:53:07.000 --> 01:53:10.000]  The street address of the property?
[01:53:10.000 --> 01:53:12.000]  Yes, street address of the property.
[01:53:12.000 --> 01:53:14.000]  I got you.
[01:53:14.000 --> 01:53:20.000]  Well, the other thing was when they notified me that they were intending to foreclose,
[01:53:20.000 --> 01:53:26.000]  I immediately asked them for a proof of all the things in the note.
[01:53:26.000 --> 01:53:29.000]  This was an attorney's office that did this.
[01:53:29.000 --> 01:53:34.000]  Well, I think I had eight or 10 points that I wanted answers to,
[01:53:34.000 --> 01:53:38.000]  and they only answered maybe seven or eight at the most.
[01:53:38.000 --> 01:53:42.000]  There were three or four major points they didn't answer.
[01:53:42.000 --> 01:53:49.000]  Okay, so did these concern amounts that were charged?
[01:53:49.000 --> 01:53:50.000]  That's right.
[01:53:50.000 --> 01:53:55.000]  Okay, that makes your letter a qualified written request.
[01:53:55.000 --> 01:54:01.000]  Right, that's what I was giving them, a qualified written request, and I intend to.
[01:54:01.000 --> 01:54:09.000]  It's set for the middle of September in one of the district courts,
[01:54:09.000 --> 01:54:12.000]  but if I can or cannot, regardless,
[01:54:12.000 --> 01:54:16.000]  I'm going to file in federal court on the collection part of it,
[01:54:16.000 --> 01:54:21.000]  not the note itself, but the collection part of it.
[01:54:21.000 --> 01:54:32.000]  And my question to you is, depending on whether or not I can quash it in the district court
[01:54:32.000 --> 01:54:40.000]  or settle with them, I shouldn't hold back on preparing my federal lawsuit.
[01:54:40.000 --> 01:54:43.000]  That's my whole question.
[01:54:43.000 --> 01:54:52.000]  Well, you may not need to – what you may be able to do, especially with this new rescission decision,
[01:54:52.000 --> 01:54:58.000]  you may be able to force them into filing the lawsuit, put them on the defensive.
[01:54:58.000 --> 01:55:04.000]  So you may have options other than a federal lawsuit.
[01:55:04.000 --> 01:55:08.000]  What is your – what's the new rescission decision?
[01:55:08.000 --> 01:55:13.000]  Because I got in late and I picked up the gentleman ahead of me,
[01:55:13.000 --> 01:55:17.000]  but I didn't get any other part of that rescission.
[01:55:17.000 --> 01:55:26.000]  I read this decision and I thought, who is the moron at the bank who allowed this to get to the Supreme
[01:55:26.000 --> 01:55:30.000]  and allowed you guys to get this decision against you?
[01:55:30.000 --> 01:55:41.000]  What it says is, is if after foreclosure – and foreclosure commences when you receive a notice
[01:55:41.000 --> 01:55:47.000]  of intent to foreclose or a notice of acceleration of the note.
[01:55:47.000 --> 01:55:50.000]  That starts – that starts foreclosure.
[01:55:50.000 --> 01:55:59.000]  If after that point you can show $35 of improper charges, your right to rescind the note renews.
[01:55:59.000 --> 01:56:05.000]  So you send them a notice saying, I hereby rescind this note.
[01:56:05.000 --> 01:56:11.000]  Now, what they must do is tender to you everything you paid them.
[01:56:11.000 --> 01:56:20.000]  And then what you must do is tender to them what's owed to them, which is the property.
[01:56:20.000 --> 01:56:31.000]  However, they have to tender to you first and if they don't tender within 20 days,
[01:56:31.000 --> 01:56:37.000]  the law says that you have a right to retain the property without further obligation.
[01:56:37.000 --> 01:56:41.000]  And I cannot find that there's been any case law on this.
[01:56:41.000 --> 01:56:42.000]  This is so new.
[01:56:42.000 --> 01:56:45.000]  These people don't know what to do with it.
[01:56:45.000 --> 01:56:47.000]  So that's one thing it can do.
[01:56:47.000 --> 01:56:56.000]  And since yours is about paying a tax claim against it, it may not be large enough to warrant tender.
[01:56:56.000 --> 01:57:02.000]  So we may have a different option, but there's a lot of things we can do.
[01:57:02.000 --> 01:57:08.000]  And I hate to say, let's file a federal lawsuit until we've actually looked at the case
[01:57:08.000 --> 01:57:11.000]  and see what other options we have.
[01:57:11.000 --> 01:57:17.000]  If you send me a copy of the note, the HUD one and a truth of living if you have it,
[01:57:17.000 --> 01:57:26.000]  then call in next week and I'll have a more definite plan of what we can do to stop these guys.
[01:57:26.000 --> 01:57:27.000]  Okay.
[01:57:27.000 --> 01:57:36.000]  Well, I think that I have to have an answer in by the 12th or 13th of September.
[01:57:36.000 --> 01:57:37.000]  Oh, we've got time.
[01:57:37.000 --> 01:57:38.000]  We've got time.
[01:57:38.000 --> 01:57:40.000]  You never file the answer to the last minute.
[01:57:40.000 --> 01:57:44.000]  You want to write it at least a week early, but never file it to the last minute.
[01:57:44.000 --> 01:57:45.000]  Yes, we've got time.
[01:57:45.000 --> 01:57:46.000]  Get that to me.
[01:57:46.000 --> 01:57:51.000]  I've got another question if you've got time to take it.
[01:57:51.000 --> 01:57:54.000]  We've got one minute.
[01:57:54.000 --> 01:57:55.000]  Okay.
[01:57:55.000 --> 01:58:00.000]  What I plan to do, I haven't done it yet, but what I plan to do is that the day before the appearance,
[01:58:00.000 --> 01:58:07.000]  I plan to hire an attorney just for that appearance because I'm here and he'll be down there
[01:58:07.000 --> 01:58:11.000]  and he can get an extension of time because he hasn't had time to prepare.
[01:58:11.000 --> 01:58:12.000]  Good.
[01:58:12.000 --> 01:58:14.000]  That's a nice strategy.
[01:58:14.000 --> 01:58:16.000]  But we may not need to.
[01:58:16.000 --> 01:58:21.000]  Let me look at the stuff first, but if you need to do that, that would be a good strategy.
[01:58:21.000 --> 01:58:27.000]  We are out of time right now, so call in next Friday and I'll have the information
[01:58:27.000 --> 01:58:29.000]  we can address this for you.
[01:58:29.000 --> 01:58:33.000]  This is Randy Kelton, David Stevens, VOR Radio.
[01:58:33.000 --> 01:58:34.000]  Thank you all for listening.
[01:58:34.000 --> 01:58:39.000]  We'll be back tomorrow night for our four-hour info marathon.
[01:58:39.000 --> 01:58:41.000]  And by the way, Dave, you can call back tomorrow night.
[01:58:41.000 --> 01:58:44.000]  Maybe we can get that to you in time to discuss.
[01:58:44.000 --> 01:58:45.000]  Thank you all for listening.
[01:58:45.000 --> 01:58:50.000]  Good night.
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