[00:00.000 --> 00:08.000]  The following use flash is brought to you by the Lone Star Lowdown. Providing your daily bulletins for the commodity market.
[00:08.000 --> 00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternatives.
[00:21.000 --> 00:43.000]  Markets for the 3rd of September, 2015 opened up with gold at $1,125.05 an ounce, silver $14.70 an ounce, Texas crude $46.25 a barrel, and Bitcoin is currently sitting at about 227 U.S. currency.
[00:43.000 --> 00:53.000]  Today in history, Monday, September 3rd, 1838, a 20-year-old African-American male slave escapes from his slave masters disguised as a sailor in Baltimore.
[00:53.000 --> 01:01.000]  With his newfound freedom, he got a newfound name, Frederick Douglass.
[01:01.000 --> 01:16.000]  In recent use, Guatemalan President Otto Perez Molina appeared in court today to respond to charges of his alleged involvement in illicit associations and corruption related to a customs fraud ring which gave discounts on import tariffs to companies in exchange for kickbacks.
[01:16.000 --> 01:20.000]  The 64-year-old resigned late last night after a judge issued a warrant for his arrest.
[01:20.000 --> 01:29.000]  Under Guatemalan law, Vice President Alejandro Maldonado Guerra will take office to serve out the rest of Mr. Molina's term, which ends in January of next year.
[01:29.000 --> 01:35.000]  Former Vice President Roxana Beldedi has already been jailed in relation to a probe on similar charges.
[01:35.000 --> 01:49.000]  In a message broadcast on Guatemalan national TV and radio last week, Mr. Molina denied the charges, saying, quote, I categorically deny and reject the accusations that I was involved in having received any money from the customs fraud scheme.
[01:49.000 --> 01:57.000]  The rest warrant came a day after Guatemala's Congress voted 132-0 to strip the president of his immunity from prosecution.
[01:57.000 --> 02:02.000]  This was the first such action against a democratically elected leader in the country's history.
[02:02.000 --> 02:13.000]  Attorney General Telma Aldana told Guatemalan television stations that we are convinced he was involved.
[02:13.000 --> 02:21.000]  Kim Davis, a county clerk in Rowan County, Kentucky, was taken into custody today after she was held in contempt of court for refusing to issue same sex marriage licenses.
[02:21.000 --> 02:29.000]  Congress District Judge David L. Bunning told her that, quote, the idea of natural law superseding this court's authority would be a dangerous precedent, end quote.
[02:29.000 --> 02:40.000]  Ms. Davis, an apostolic Christian, said it would violate her faith and conscience to issue marriage licenses to same sex couples and had directed her office to withhold marriage licenses to both gay and straight couples.
[02:40.000 --> 02:48.000]  She was sued by four gay couples who were denied licenses and was ordered by Bunning last month to begin issuing the licenses this week.
[02:48.000 --> 02:56.000]  She refused, citing her religious beliefs. One has to wonder why working for the state to begin with wasn't a violation of her conscience.
[02:56.000 --> 03:21.000]  This was your lowdown for September 3rd, 2015.
[03:26.000 --> 03:32.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.000 --> 03:38.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.000 --> 03:46.000]  When you were eight and you had bad traits You'd go to school and learn the golden rules So why are you acting like a bloody fool?
[03:46.000 --> 04:00.000]  And if you get high, then you must get cool Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:00.000 --> 04:06.000]  You took it on that one, you took it on this one You took it on your mother and you took it on your father
[04:06.000 --> 04:16.000]  Howdy, howdy, this is Randy Kelton, Deborah Stevens, Wheel of Law Radio on this Thursday, the third day of August. No, no, no.
[04:16.000 --> 04:28.000]  I want it to be August, the third day of September, 2015. And I'm a little upbeat tonight. I've been struggling all week to get something together.
[04:28.000 --> 04:45.000]  And it's a compilation of a long time and a lot of work. But I have freemortgagehelp.net back up in spite of the guy in Russia and the other guy in China
[04:45.000 --> 05:00.000]  that's been hacking my servers. But it is back up as a demonstration of what I call 3D workspace.
[05:00.000 --> 05:15.000]  It's a way of presenting complex information in a manner that humans can relate to and understand and develop an understanding of.
[05:15.000 --> 05:33.000]  You know, we talk about legal issues and these mortgage issues. And for the listener, for someone who's not immersed in the session, it gets very difficult to stitch all these pieces together.
[05:33.000 --> 05:43.000]  It's like we're throwing a bunch of puzzle pieces. And you got these puzzle pieces but you don't have all of them yet.
[05:43.000 --> 05:54.000]  So you got this piece and you have no idea where to put it. And mentally, that goes to referential index.
[05:54.000 --> 06:07.000]  In order to remember something, we have to have something to attach it to. And the best way to remember things is to have a chain of attachments.
[06:07.000 --> 06:20.000]  So I've built a mind map. I don't know how many of you have ever seen a map. A mind map is sort of like a dynamic table of contents.
[06:20.000 --> 06:30.000]  Instead of having this long table of contents with a bunch of stuff on it. With a mind map, you can open sections and close sections.
[06:30.000 --> 06:46.000]  And it gives you more of a map-like structure so that you can visually see how all of these pieces fit together.
[06:46.000 --> 07:02.000]  Human beings are very good at visual orientation in space. If I give you directions, say to the house I live in 35 miles northwest of Fort Worth,
[07:02.000 --> 07:19.000]  if I give you go up 287, go to Fort Worth, get on 35W Fort Worth, take it to 287 north, take that to 114 west, take 114 west to 730 south, you're going to miss a turn.
[07:19.000 --> 07:23.000]  It's just what happens. We don't do that well.
[07:23.000 --> 07:38.000]  But if I give you a map or show you a map and draw the directions on the map and then take the map back, I'm sorry, you'll be able to drive right to it.
[07:38.000 --> 07:53.000]  But if you don't and you make a long turn, you'll be driving along and something will tell you this doesn't look right because you've got the map in your head and you're able to orientate,
[07:53.000 --> 08:14.000]  orientate yourself in space and the comparison of the two, it may not tell you where you need to go, but it lets you know you're in the wrong place. So we use that ability of human beings in a visual presentation of a set of complex data.
[08:14.000 --> 08:28.000]  If you have some time or some interest in not just the foreclosure issue, but in a different way of presenting complex data, go to freemortgagehelp.net.
[08:28.000 --> 08:41.000]  It's back up and working. I'm not great at making things look pretty. So it's not as pretty as I want it to be, but I will get a programmer to dress out the template.
[08:41.000 --> 08:57.000]  But go look at that, then about halfway down the page there is a map that will come up. When you first time you click on it, all of all JavaScript's now when you access one, it gives you an activation page.
[08:57.000 --> 09:11.000]  It doesn't automatically open Java. They did this a couple years ago because of some of the weaknesses that read Java and Flash, but they pretty well got the weaknesses taken care of, but they still have the activation page.
[09:11.000 --> 09:39.000]  You click, there's a little down arrow next to block this page. You click the down arrow and click allow and remember, and it'll pop this map up. And by following the map up, it will help you to see how all of the pieces of the mortgage issues fit together.
[09:39.000 --> 09:52.000]  Then when we talk about these issues, it'll be easier for you to develop referential index. You can pull up this mental map and say, well, this goes about right here.
[09:52.000 --> 09:59.000]  So even if you're not in the right place, you have a place to put it.
[09:59.000 --> 10:11.000]  And if you have a mental place to put it, you'll have a mental place to go find it again. Okay. We started out with some, it looks like we're starting out with a full board of callers.
[10:11.000 --> 10:18.000]  So we're going to start out with Doug in Texas. Hello, Doug.
[10:18.000 --> 10:20.000]  Hello.
[10:20.000 --> 10:23.000]  How are you?
[10:23.000 --> 10:27.000]  Oh, not too bad. It can always be worse.
[10:27.000 --> 10:31.000]  Okay. What do you have for us today?
[10:31.000 --> 10:44.000]  Well, I have a couple things here. I'm looking at an issue with the strength of trade, maybe a couple other things.
[10:44.000 --> 11:02.000]  I'm a bail bondsman in my county where I live in and biggest part of the state actually has gone to cash bond payable to the court and is cutting out the bail bondsman.
[11:02.000 --> 11:18.000]  Now, okay. I have had some experience with cash bond. There is no provision in law. Okay. Let me back up and ask a question about that.
[11:18.000 --> 11:27.000]  Is the court demanding a cash bond or are they giving that as an option?
[11:27.000 --> 11:37.000]  No, our law in Indiana says the judge may pick either one, but they're all...
[11:37.000 --> 11:53.000]  Oh, no, it doesn't say any such thing. It says you have a right to bail. The judge has no power to demand a cash bond.
[11:53.000 --> 12:04.000]  Well, I've been through that myself where they demanded a $5,000 cash bond and did the research. There is no authority for that.
[12:04.000 --> 12:14.000]  Bail does not involve money and bail is what you have a right to. Bond is an option.
[12:14.000 --> 12:26.000]  Bail is a written agreement between you and the court wherein you place your property as collateral.
[12:26.000 --> 12:36.000]  And then you as the bail bondsman, you actually post the bail because you don't actually give the court any money, but you give them collateral.
[12:36.000 --> 12:48.000]  So that's about bail. The court has no power to enforce a bond. Now, they have option to accept a bond if you don't have any collateral.
[12:48.000 --> 12:56.000]  You have no collateral. You can't post bail. So you could post a cash bond in lieu of bail.
[12:56.000 --> 12:57.000]  Yeah.
[12:57.000 --> 13:06.000]  They could always do that, but we've had courts... I just had someone the other day who was... the court demanded a cash bond.
[13:06.000 --> 13:12.000]  And when they did that to me, we put up the bond, then the court didn't want to give it back.
[13:12.000 --> 13:21.000]  But the problem was is Ken Magnuson was the one that actually brought the bond down and filed it.
[13:21.000 --> 13:33.000]  And they got ahold of the wrong guy. They wound up giving the bond back, but he had to fight with them. They wanted to keep it.
[13:33.000 --> 13:38.000]  Oh, yeah. They always do.
[13:38.000 --> 13:42.000]  Once they got that money in their hand, they do not want to turn loose of it.
[13:42.000 --> 13:44.000]  Oh, no, they don't.
[13:44.000 --> 13:47.000]  So what county are you in?
[13:47.000 --> 13:49.000]  I'm in Randolph County.
[13:49.000 --> 14:02.000]  Randolph County. Okay. As far as I know, they can accept bond in lieu of bail. So that's essentially what they're doing here.
[14:02.000 --> 14:03.000]  Yeah.
[14:03.000 --> 14:18.000]  Are they accepting a low bond? I mean, low enough so that they're competing with you to the point that you can't operate your business?
[14:18.000 --> 14:25.000]  Well, they will do the 10 percent, just like a bail bondsman does.
[14:25.000 --> 14:32.000]  But the judge orders cash bond only, no bail bond.
[14:32.000 --> 14:34.000]  That he can't do.
[14:34.000 --> 14:39.000]  Yeah. They're not giving the defendant the right to choose.
[14:39.000 --> 14:42.000]  That's criminal.
[14:42.000 --> 14:43.000]  Yeah.
[14:43.000 --> 14:57.000]  Your issue is you're a licensed bail bondsman and you go before the court dangling by your license.
[14:57.000 --> 15:04.000]  What you need to do is probably send your clients to this radio show.
[15:04.000 --> 15:13.000]  And I'm not dangling by any license. And I'll show them how to kick that judge's behind every way from Sunday.
[15:13.000 --> 15:17.000]  Yeah, because I can't give them legal advice or none of that crap, you know.
[15:17.000 --> 15:24.000]  Right. But I can. Actually, it's impossible for you to give legal advice.
[15:24.000 --> 15:32.000]  They tell you all this crap. It's impossible for you to give legal advice. You don't give legal advice if you're an attorney.
[15:32.000 --> 15:38.000]  You're not an attorney, so all you have is an opinion. And you can have your opinions.
[15:38.000 --> 15:42.000]  That restriction on bail bondsman is really a false restriction.
[15:42.000 --> 15:50.000]  They talk about the illegal practice of law. And that's 38.123.
[15:50.000 --> 16:08.000]  And 38.123 says it is illegal to hold yourself out as a lawyer and represent someone in a cause of action for personal injury or property damage.
[16:08.000 --> 16:14.000]  Period. That's it. There are no restrictions otherwise in Texas.
[16:14.000 --> 16:23.000]  Now, we had a lot of people have had the unauthorized practice of law committee come after them.
[16:23.000 --> 16:29.000]  I do this radio show and I give my legal opinion all the time.
[16:29.000 --> 16:30.000]  Yeah.
[16:30.000 --> 16:38.000]  I have never had them come after me. And I've been telling them, take your best shot.
[16:38.000 --> 16:45.000]  I'll give you a walk through the legal system you want to believe. Hang on. Randy Kelton, we have our radio.
[16:45.000 --> 17:00.000]  I'll call you at number 512-646-1984. We'll be right back.
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[19:01.000 --> 19:23.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:23.000 --> 19:38.000]  Thank you very much.
[19:53.000 --> 20:15.000]  Okay, we are back, Randy Kelton, RuleOfLawRadio, and we're talking to Doug in Indiana.
[20:15.000 --> 20:17.000]  You're in Indiana, Doug? Oh, okay.
[20:17.000 --> 20:28.000]  The laws may be different in Indiana. I was thinking about a Doug in Texas I've been talking to, and somehow I just didn't look at the board.
[20:28.000 --> 20:43.000]  Okay, so the statutes may be somewhat different in Indiana, but this goes to a federal right.
[20:43.000 --> 20:58.000]  You have a federal right to bail, and you get you guys to me, I'll instruct them on how to fight a criminal case.
[20:58.000 --> 21:14.000]  People, for the most part, think that if they go before the court and give the court a good reason, the court will dismiss their case. Not so.
[21:14.000 --> 21:24.000]  That's not how it works. Most people think that if you have the law and the facts on your side, you'll win your case. That's also not so.
[21:24.000 --> 21:28.000]  Yeah, that's a lie.
[21:28.000 --> 21:40.000]  You've got to have the politics on your case, and we spend a lot of time on this show trying to get people to understand the underlying politics.
[21:40.000 --> 22:07.000]  And in your position, you can't do some of the things that I can, but there are avenues you can take. What the courts are doing is placing the court or the county commissioners or the state in a position to be liable for the bond, for the bond amounts that should have been posted.
[22:07.000 --> 22:17.000]  Now, while they won't be sued for them, they'll just deny the citizens in this revenue.
[22:17.000 --> 22:22.000]  They're taking the risk that you were being paid to take.
[22:22.000 --> 22:23.000]  Yeah.
[22:23.000 --> 22:27.000]  And they won't go chase somebody like you will.
[22:27.000 --> 22:30.000]  Oh, no, they won't.
[22:30.000 --> 22:46.000]  So you can argue that they're putting the state general fund at risk by demanding these cash bonds, and they're doing so in violation of due course of the federal Constitution.
[22:46.000 --> 22:53.000]  You might have someone see if you can get someone to file a federal lawsuit against them.
[22:53.000 --> 23:00.000]  The rule is, sue the Fed and the state and the state and the Fed.
[23:00.000 --> 23:19.000]  If you try to sue the state and the state, they're going to cover their own behinds, but the Fed's not so quick to cover them, or you might consider filing a civil action yourself in the Fed.
[23:19.000 --> 23:30.000]  Before we were talking about Rudy Mandamus on the break, you might petition the federal court for Rudy Mandamus.
[23:30.000 --> 23:32.000]  Yeah.
[23:32.000 --> 23:36.000]  This might be a, it's all politics.
[23:36.000 --> 23:41.000]  And we understand that the only thing we've got to understand is politics.
[23:41.000 --> 23:45.000]  And all politics is local.
[23:45.000 --> 23:51.000]  How do you create local politics, local pressures?
[23:51.000 --> 23:57.000]  You've got a judge here demanding that people put up cash bonds.
[23:57.000 --> 24:15.000]  And then you file against the judge in the federal court, and now he has to get the prosecutors or whoever defends him to go into the federal court and argue how they can unilaterally deny people in bail.
[24:15.000 --> 24:18.000]  And the Constitution grants guarantees it.
[24:18.000 --> 24:25.000]  And a lot of times you can get these things fixed indirectly.
[24:25.000 --> 24:27.000]  Yeah.
[24:27.000 --> 24:36.000]  You take, you might file, you might even consider filing criminally against the judge with the U.S. attorney.
[24:36.000 --> 24:47.000]  Now, there is no way you're going to get a U.S. attorney to prosecute a local judge for forcing these people to pay bail money.
[24:47.000 --> 24:58.000]  But what you will do and almost certainly will do is get the U.S. attorney to send out the FBI to ask some questions.
[24:58.000 --> 25:13.000]  And when the judge is put on a dime by the FBI where he has to answer questions about his behavior, that has a tendency to generate some local politics.
[25:13.000 --> 25:21.000]  And most of us think that if we put pressure on these guys, they'll retaliate against us.
[25:21.000 --> 25:25.000]  Well, that's easy to fix.
[25:25.000 --> 25:44.000]  One of the things that I tend to do is I get people to file criminal charges. And when I go in and go after a jurisdiction, I want to get to the highest level judge I can as fast as I can.
[25:44.000 --> 25:54.000]  And I want to file against him because if you start going after these guys, everybody's going to look out for everybody.
[25:54.000 --> 26:02.000]  So first thing you need to do is read the code and where the code is clear.
[26:02.000 --> 26:09.000]  Now, most states have adopted the uniform criminal and civil codes.
[26:09.000 --> 26:13.000]  The government produced a uniform code.
[26:13.000 --> 26:18.000]  So most of the codes are really similar.
[26:18.000 --> 26:24.000]  I am most familiar with Texas law and almost certainly what I quote in Texas law.
[26:24.000 --> 26:30.000]  You're going to find some codification of this in Indiana law.
[26:30.000 --> 26:37.000]  And one in particular is official misconduct.
[26:37.000 --> 26:42.000]  Look up the official misconduct statute in Indiana.
[26:42.000 --> 27:11.000]  I don't multitask too well or I do that while I'm talking. But official misconduct in the Fed and in most every state, it says that if a public official exerts or purports to exert an authority he doesn't expressly have or fails to perform a duty he's required to perform and in the process denies a citizen a right, that's a crime on the part of the public official.
[27:11.000 --> 27:14.000]  Yeah.
[27:14.000 --> 27:19.000]  Have you seen that in Indiana law?
[27:19.000 --> 27:22.000]  Yeah, yeah.
[27:22.000 --> 27:30.000]  So I'm not a Bolivian. I hate to say this, but I'm going to law school.
[27:30.000 --> 27:39.000]  Okay, good. There is a posture that I try to get people to understand.
[27:39.000 --> 27:47.000]  You know I tell people when I go into the courthouse, I am the baddest motor scooter in the building.
[27:47.000 --> 27:52.000]  And there's only one reason I'm the baddest motor scooter in the building.
[27:52.000 --> 27:55.000]  It's because I'm nobody.
[27:55.000 --> 28:03.000]  I'm not a judge, a prosecutor, a bailiff, a court clerk, all those people are public servants.
[28:03.000 --> 28:07.000]  Yeah, they are all the servants.
[28:07.000 --> 28:09.000]  I am the master.
[28:09.000 --> 28:10.000]  Yeah.
[28:10.000 --> 28:19.000]  And they are not to forget it. They do so at their peril, at their professional peril.
[28:19.000 --> 28:20.000]  Yeah.
[28:20.000 --> 28:23.000]  And it's our job to sting them.
[28:23.000 --> 28:27.000]  I get in front of judges and judges come, give themselves an attitude.
[28:27.000 --> 28:33.000]  Well, the attitude you want, I will not be impressed.
[28:33.000 --> 28:39.000]  The judge has a duty to determine the facts in accordance with the rules of evidence and why the laws come to him in fact in the case.
[28:39.000 --> 28:43.000]  If he does something else, him and I are going to have a problem.
[28:43.000 --> 28:51.000]  But what I want to do, and generally how I do this, if you believe the judge is violating the law by doing this,
[28:51.000 --> 28:56.000]  I suggest that you not make a lot of noise about it.
[28:56.000 --> 28:57.000]  Yeah.
[28:57.000 --> 29:08.000]  What you do is prepare a criminal complaint and take it to some magistrate, JP.
[29:08.000 --> 29:16.000]  The way I tend to do this is I like to go in when a court is having motion hearings,
[29:16.000 --> 29:25.000]  because motion hearings are generally pretty quick, or a JP court when he's having traffic court or any kind of hearing.
[29:25.000 --> 29:34.000]  And call the bailiff over, tell the bailiff your name, because you don't want him asking you questions.
[29:34.000 --> 29:37.000]  And then tell the instructed judge you have business with the court.
[29:37.000 --> 29:40.000]  And the bailiff will say, may I tell him the nature of the business?
[29:40.000 --> 29:42.000]  Sure, here, give him this.
[29:42.000 --> 29:46.000]  And you give him this sealed envelope.
[29:46.000 --> 29:53.000]  And when the judge opens it, what he will find in there is a verified criminal affidavit.
[29:53.000 --> 29:56.000]  Hang on, we're about to go to break.
[29:56.000 --> 29:57.000]  Pick yourself up on the other side.
[29:57.000 --> 29:58.000]  We're going to go.
[29:58.000 --> 30:03.000]  David Stevens, we'll be right back.
[30:03.000 --> 30:06.000]  A cup of Joe may keep your eyes open during late night study sessions,
[30:06.000 --> 30:10.000]  but that's not all it may be doing to your exhausted eyes.
[30:10.000 --> 30:16.000]  I'm Dr. Catherine Albrecht back with some bad news about coffee and the health of your vision after this.
[30:16.000 --> 30:18.000]  Privacy is under attack.
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[30:27.000 --> 30:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
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[30:52.000 --> 30:59.000]  But a new study shows drinking too much can increase your chances for something else, glaucoma,
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[31:01.000 --> 31:05.000]  Harvard researchers looked at decades of data from tens of thousands of people
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[31:17.000 --> 31:22.000]  The study found no link at all between glaucoma and other caffeinated beverages.
[31:22.000 --> 31:25.000]  So in that case, how about a spot of tea?
[31:25.000 --> 31:31.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[33:25.000 --> 33:45.000]  Okay, we are back.
[33:45.000 --> 33:48.000]  Randy Kelton, Rule of Law Radio, talking to Doug in Indiana.
[33:48.000 --> 33:52.000]  And Doug, I guess I should have asked to start with,
[33:52.000 --> 33:57.000]  what are you willing to do to fix this issue?
[33:57.000 --> 34:00.000]  Well, I'm going to stay as far as I have to,
[34:00.000 --> 34:03.000]  because they're killing my business here.
[34:03.000 --> 34:06.000]  Well, good.
[34:06.000 --> 34:12.000]  Going after them with criminal complaints,
[34:12.000 --> 34:20.000]  especially if you don't make a lot of outside noise about it, is very powerful.
[34:20.000 --> 34:29.000]  When I go in, I'll go in and literally set up a judge so that I can file charges against them.
[34:29.000 --> 34:31.000]  I went into a courtroom.
[34:31.000 --> 34:35.000]  A friend of mine is having an eviction hearing,
[34:35.000 --> 34:38.000]  and I had one after him who was trying to help people stop evictions.
[34:38.000 --> 34:42.000]  And I went up and stood at the bar, and they start the hearing.
[34:42.000 --> 34:45.000]  The judge looks up at me and says, can I help you?
[34:45.000 --> 34:46.000]  And I said, yes, you are.
[34:46.000 --> 34:49.000]  Oh, my name is Randy Kelton, and I have a hearing deficiency.
[34:49.000 --> 34:52.000]  Well, Mr. Kelton, what's wrong with your hearing?
[34:52.000 --> 34:55.000]  Oh, Judge, I was down in Mexico the other day,
[34:55.000 --> 35:00.000]  and I drank too much of that cheap tequila, and I lost my hearing aid.
[35:00.000 --> 35:03.000]  Well, I was lying to him. I had it in my pocket.
[35:03.000 --> 35:05.000]  Well, Mr. Kelton, why are you telling me this?
[35:05.000 --> 35:09.000]  I said, well, do you have accommodation for the hearing impaired?
[35:09.000 --> 35:11.000]  No, I do not.
[35:11.000 --> 35:13.000]  I see you have a sound system here when you turn it up.
[35:13.000 --> 35:14.000]  No, I will not.
[35:14.000 --> 35:16.000]  Well, then will you speak up?
[35:16.000 --> 35:17.000]  And he did.
[35:17.000 --> 35:19.000]  He told the bailiff, I didn't tell him, shut up.
[35:19.000 --> 35:21.000]  He showed me out of the courtroom.
[35:21.000 --> 35:24.000]  So I had my hearing when I started my hearing.
[35:24.000 --> 35:28.000]  I got up, pointed at the bailiff, you come with me.
[35:28.000 --> 35:31.000]  I stormed out of the courtroom.
[35:31.000 --> 35:33.000]  The bailiff finally came on out.
[35:33.000 --> 35:35.000]  I had to encourage him a little bit.
[35:35.000 --> 35:37.000]  The bailiff came out and said, Mr. Kelton, what can I do for you?
[35:37.000 --> 35:40.000]  I need you to arrest a judge.
[35:40.000 --> 35:42.000]  Well, why would I arrest a judge?
[35:42.000 --> 35:50.000]  Class A misdemeanor, official oppression, criminal violation, 39.03 Texas penal code.
[35:50.000 --> 35:53.000]  In that, he failed to perform a duty he was required to perform.
[35:53.000 --> 35:57.000]  And in the process, denied me the full and free access to or enjoyment rights,
[35:57.000 --> 35:58.000]  Class A misdemeanor in Texas.
[35:58.000 --> 36:01.000]  He did so in your sight, in your presence, or in your hearing.
[36:01.000 --> 36:03.000]  I want you to arrest him.
[36:03.000 --> 36:08.000]  Well, Mr. Kelton, what right did he deny you in?
[36:08.000 --> 36:15.000]  He denied me my right to accommodation under the Americans with Disabilities Act.
[36:15.000 --> 36:19.000]  And the bailiff said, well, Mr. Kelton, why didn't you tell the judge
[36:19.000 --> 36:22.000]  about the Americans with Disabilities Act?
[36:22.000 --> 36:26.000]  Heck, if I'd have done that, he might have turned the sound up.
[36:26.000 --> 36:29.000]  Yeah, you shouldn't have said that.
[36:29.000 --> 36:35.000]  One thing you don't do is give them legal advice.
[36:35.000 --> 36:40.000]  Anytime you tell them, oh, the law says you should do this,
[36:40.000 --> 36:44.000]  and you're supposed to do that, and I have this right, and I have that right,
[36:44.000 --> 36:47.000]  blah, blah, blah, they don't care.
[36:47.000 --> 36:50.000]  I never tell them.
[36:50.000 --> 36:53.000]  I bushwhack them instead.
[36:53.000 --> 37:00.000]  If you get this downright, they will be terrified of you.
[37:00.000 --> 37:08.000]  Right now, when I go to these JP courts, they're wondering what I'm setting them up for.
[37:08.000 --> 37:11.000]  I call it my tar baby.
[37:11.000 --> 37:13.000]  I got this little tar baby.
[37:13.000 --> 37:16.000]  And I go into the judge and say, Your Honor, I got this little tar baby.
[37:16.000 --> 37:18.000]  You want to touch it?
[37:18.000 --> 37:19.000]  Go ahead, touch it.
[37:19.000 --> 37:23.000]  I need you to touch it, because when you touch it,
[37:23.000 --> 37:28.000]  then I'm going to drag you to the next guy in line and get him to touch it.
[37:28.000 --> 37:32.000]  So if you don't give them legal advice,
[37:32.000 --> 37:42.000]  you go in and demand that they do something that they have a statutory duty to do.
[37:42.000 --> 37:50.000]  You see, never ask a public official to do anything you actually want him to do,
[37:50.000 --> 37:54.000]  because you never ask a public official to do anything
[37:54.000 --> 37:59.000]  that the law does not specifically require him to do.
[37:59.000 --> 38:04.000]  So that when he fails to do it, you get the sting in.
[38:04.000 --> 38:08.000]  And once you've done that once or twice, they see you coming,
[38:08.000 --> 38:10.000]  they'll know you're setting them up.
[38:10.000 --> 38:19.000]  And not giving them legal advice, that really goes to not giving them fair warning.
[38:19.000 --> 38:23.000]  If you attempt to give them fair warning, they'll always take it as a threat.
[38:23.000 --> 38:25.000]  So I'd never give them fair warning.
[38:25.000 --> 38:28.000]  Never ask them to do anything you actually want them to do,
[38:28.000 --> 38:32.000]  because you're standing there with your club in your hand,
[38:32.000 --> 38:37.000]  your legal club ready to whack them when they don't do it right.
[38:37.000 --> 38:44.000]  You have not lived until you call the police and ask them to arrest a clerk or a judge,
[38:44.000 --> 38:48.000]  or stood in the courtroom and said, Mr. Mayliff, did you hear that?
[38:48.000 --> 38:53.000]  Yes, Mr. Carlson, I did. Arrest that judge.
[38:53.000 --> 38:56.000]  That is so much fun.
[38:56.000 --> 39:00.000]  I've done that in courtrooms a number of times.
[39:00.000 --> 39:06.000]  And every time I've done that, the judge sat there and kept his mouth shut.
[39:06.000 --> 39:11.000]  Do you understand why?
[39:11.000 --> 39:17.000]  One word out of that judge, while I'm trying to get the judges to arrest him,
[39:17.000 --> 39:22.000]  tampering with the witness obstruction of justice, both of which are felonies.
[39:22.000 --> 39:25.000]  Yeah.
[39:25.000 --> 39:35.000]  When they get a person in their court that understands that he is the master of the court,
[39:35.000 --> 39:41.000]  they figure that out real fast, and they do not want you around.
[39:41.000 --> 39:48.000]  However, the reason you need to get to the highest judge you can as fast as you can,
[39:48.000 --> 39:56.000]  and like in your circumstance, you're going to want to get this judge to the grand jury.
[39:56.000 --> 39:59.000]  Actually, you really don't.
[39:59.000 --> 40:01.000]  You just want him to change their behavior.
[40:01.000 --> 40:05.000]  But you make it look like you want to get him to the grand jury.
[40:05.000 --> 40:12.000]  So you go to this low-level magistrate and ask him to hold an examining trial
[40:12.000 --> 40:14.000]  on your criminal complaint against this judge.
[40:14.000 --> 40:17.000]  You're going to scare the Jesus out of him.
[40:17.000 --> 40:23.000]  He's going to look at your complaint and see his whole career pass before his eyes.
[40:23.000 --> 40:26.000]  So he's going to refuse to do his job.
[40:26.000 --> 40:31.000]  So you take a complaint against him to a higher-level judge,
[40:31.000 --> 40:43.000]  and you file a complaint against this judge for not doing what you're asking the next judge to do.
[40:43.000 --> 40:47.000]  That's when they know they're being set up.
[40:47.000 --> 40:55.000]  You want to get to the highest judge in your area.
[40:55.000 --> 41:00.000]  Reason being is everybody's terrified of the judges.
[41:00.000 --> 41:07.000]  And the higher level the judge is, the more terrified they are of you.
[41:07.000 --> 41:16.000]  The more they realize how dangerous to their career an ordinary citizen who knows what he's doing can be.
[41:16.000 --> 41:21.000]  So you go to him, and the highest one you can, once you filed against him,
[41:21.000 --> 41:34.000]  if you can encourage an idiot bailiff with an attitude or a police officer to say or do something you don't like,
[41:34.000 --> 41:46.000]  you immediately accuse that judge of sending this person to harass you because she filed complaints against that judge.
[41:46.000 --> 41:55.000]  And the judge is going to go berserk when he finds out you're filing complaints against him,
[41:55.000 --> 42:00.000]  accusing him of doing something he had nothing to do with.
[42:00.000 --> 42:03.000]  But he's not going to talk to you about it.
[42:03.000 --> 42:06.000]  That would be a felony.
[42:06.000 --> 42:14.000]  Who he's going to talk to is the bailiff or the police officer who had a smart mouth and an attitude.
[42:14.000 --> 42:16.000]  Let me give you an example.
[42:16.000 --> 42:19.000]  I live in a small town in North Texas.
[42:19.000 --> 42:22.000]  I live right next to City Hall.
[42:22.000 --> 42:24.000]  And I'm out here working on one of my trucks.
[42:24.000 --> 42:27.000]  And it's during a fire ban, and I'm doing some plastic welding.
[42:27.000 --> 42:29.000]  So I've got a little propane torch.
[42:29.000 --> 42:30.000]  And this policeman comes by.
[42:30.000 --> 42:31.000]  He was a new cop.
[42:31.000 --> 42:33.000]  He didn't know me.
[42:33.000 --> 42:34.000]  And he said, I hear, sir, sir.
[42:34.000 --> 42:35.000]  And I look around.
[42:35.000 --> 42:36.000]  There's this cop standing there.
[42:36.000 --> 42:39.000]  Sir, you can't have that open flame.
[42:39.000 --> 42:41.000]  And I held up the torch and turned it in my hand.
[42:41.000 --> 42:42.000]  I said, sure I can.
[42:42.000 --> 42:43.000]  Look, nothing to it.
[42:43.000 --> 42:44.000]  No, no, no.
[42:44.000 --> 42:45.000]  You don't understand.
[42:45.000 --> 42:47.000]  We have a fire ban on.
[42:47.000 --> 42:49.000]  I said, Bubba, you see this equipment here?
[42:49.000 --> 42:51.000]  I can outrun the fire department with it.
[42:51.000 --> 42:53.000]  I had high-pressure spray equipment.
[42:53.000 --> 42:56.000]  I was actually plastic welding one of my big tanks.
[42:56.000 --> 42:57.000]  Oh, I understand, sir.
[42:57.000 --> 43:00.000]  But you can't have that open flame.
[43:00.000 --> 43:01.000]  Wait a minute.
[43:01.000 --> 43:02.000]  You're just joking, right?
[43:02.000 --> 43:03.000]  You're jostling me.
[43:03.000 --> 43:04.000]  Oh, no, sir.
[43:04.000 --> 43:06.000]  I am not joking.
[43:06.000 --> 43:08.000]  Wait a minute.
[43:08.000 --> 43:16.000]  That John Faustel, a district judge, that rascal sent you down here to harass me, didn't
[43:16.000 --> 43:17.000]  he?
[43:17.000 --> 43:23.000]  Just because I filed one crummy little complaint against him for making a terroristic threat
[43:23.000 --> 43:27.000]  with the attorney general, he sent you down here to harass me, didn't he?
[43:27.000 --> 43:34.000]  And the cop took a step back, held up both hands with his palms out and said, one moment,
[43:34.000 --> 43:35.000]  sir.
[43:35.000 --> 43:39.000]  He reached out his cell phone dials, and in about 30 seconds, the chief of police stepped
[43:39.000 --> 43:41.000]  out of his city hall.
[43:41.000 --> 43:45.000]  He looked across at me and said, Randy, what are you doing to my new officer?
[43:45.000 --> 43:51.000]  I said, oh, Tom, I was just jerking his chair, and I'll finish this up when I get back.
[43:51.000 --> 43:53.000]  You'll see why this is so powerful.
[43:53.000 --> 43:57.000]  Randy Kelton, rule of law radio, call in number 512-646-1984.
[43:57.000 --> 43:59.000]  We'll be right back.
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[46:14.000 --> 46:42.000]  Okay, we are back. Randy Kelton with our radio, and we're talking to Doug in Indiana.
[46:42.000 --> 46:46.000]  And Doug, have you listened to the show before?
[46:46.000 --> 46:54.000]  Yeah, I just told you guys, so like two, three weeks ago about that FPCPA thing.
[46:54.000 --> 47:02.000]  Okay, you might listen a bit, and not all of what you do needs to be really heavy-handed.
[47:02.000 --> 47:16.000]  What you do needs to really be smart, and this is a way of giving them notice that they're heading toward a train wreck.
[47:16.000 --> 47:23.000]  And that's why I say do this quietly. I mean, you go into the court, and it's really between you and the court.
[47:23.000 --> 47:32.000]  You don't go spreading around, so you let it get spread around internally, and it will really fast.
[47:32.000 --> 47:43.000]  But if you don't make a big deal about it, it makes you more dangerous to them, because they don't know what you're up to,
[47:43.000 --> 47:45.000]  and you don't tell anybody what you're up to.
[47:45.000 --> 47:53.000]  But you go to a magistrate and ask the magistrate to examine into a criminal accusation. He refuses.
[47:53.000 --> 47:59.000]  You take his refusal to the next judge and walk your way up.
[47:59.000 --> 48:05.000]  You're going to create a lot of local politics.
[48:05.000 --> 48:13.000]  The more corrupt the local politics is, the more you'll frighten them.
[48:13.000 --> 48:27.000]  The less they know about you, the less they're able to talk to you, negotiate with you, the more frightened they'll be of you.
[48:27.000 --> 48:35.000]  So if you go in and just hand them the complaint, you need to make sure you've done your homework and read the codes.
[48:35.000 --> 48:43.000]  You need to read the penal code and read the code of criminal procedure.
[48:43.000 --> 48:46.000]  The criminal procedure code, you will love it.
[48:46.000 --> 48:51.000]  If you read it, I suggest you read it twice.
[48:51.000 --> 48:56.000]  Read it first time, and don't even try to understand it. Just read it.
[48:56.000 --> 48:59.000]  And it's not as big as it appears.
[48:59.000 --> 49:06.000]  There'll be sections in there about family law and sections about probate law. You don't care about those.
[49:06.000 --> 49:14.000]  You read the part that primarily the criminal procedure code, and it'll get into some civil.
[49:14.000 --> 49:19.000]  But just read through it, and then go back and read it again.
[49:19.000 --> 49:27.000]  The second time through it, you'll begin to make connections because the codes are not in order.
[49:27.000 --> 49:36.000]  You read a code at the front, and you won't realize that it's actually talking about something that occurs further down in the code.
[49:36.000 --> 49:41.000]  The second time you read it, you'll put these connections together.
[49:41.000 --> 49:55.000]  I have never encountered a single lawyer who has read the code even once. Never.
[49:55.000 --> 50:02.000]  You will go in knowing the code a whole lot better than they do.
[50:02.000 --> 50:08.000]  And there is an adage, never make a proactive statement of law out of your own mouth.
[50:08.000 --> 50:11.000]  And that's for writing legal pleadings.
[50:11.000 --> 50:23.000]  But when you're trying to manipulate these public officials, never ask them to do anything out of your own mouth if you can avoid it.
[50:23.000 --> 50:42.000]  Like I go in and I ask the judge's clerk, I say, I want to see the arrest warrant as required under 15.16 Texas Code of Criminal Procedure.
[50:42.000 --> 50:50.000]  And she says, well, I don't know what that is. We'll look it up.
[50:50.000 --> 51:02.000]  I asked to see records. I want to see all of the documents collected and symboled and maintained by the department that is specifically referenced by 17.30 Texas Code of Criminal Procedure.
[51:02.000 --> 51:10.000]  And a prosecutor come out and said, Mr. Kelkin, I'm not sure what you're asking for.
[51:10.000 --> 51:19.000]  Well, then go ask the legislature what they meant when they passed 17.30.
[51:19.000 --> 51:23.000]  Okay.
[51:23.000 --> 51:27.000]  That's not something they can dance with.
[51:27.000 --> 51:38.000]  So when you ask them to do something, as best you can, ask them to do it under stipulating the code.
[51:38.000 --> 51:47.000]  And ask you why. Why is always a question you tell them, my business, not your business.
[51:47.000 --> 51:57.000]  You have no duty to explain. You have no duty to, especially when you're dealing on the criminal side, you have no duty to explain yourself.
[51:57.000 --> 52:04.000]  And you are the master. They're the servants. The master don't explain himself to the servants.
[52:04.000 --> 52:08.000]  The master tells the servants what they are to do and they either do it or they don't.
[52:08.000 --> 52:15.000]  And then the master goes away and hammers them from some other direction. Am I making sense here?
[52:15.000 --> 52:18.000]  Yeah.
[52:18.000 --> 52:25.000]  Did it give you any ideas of what you can do in any area?
[52:25.000 --> 52:28.000]  Well, yeah, I'm thinking. I mean, I've read the-
[52:28.000 --> 52:35.000]  Okay. Get out the code now and have you read through the code?
[52:35.000 --> 52:38.000]  Yeah, but I've not memorized it.
[52:38.000 --> 52:44.000]  No, no, you don't need to memorize it. If people listen to me and they think I got the code memorized.
[52:44.000 --> 52:57.000]  If they listen to me enough, they'll begin to realize I only quote about a half a dozen codes because they keep running in the same ones over and over.
[52:57.000 --> 53:05.000]  So when you read them, especially when you're taking on public officials, you read like a comic book.
[53:05.000 --> 53:15.000]  You see all the stuff there screwed up and the things you can do to them and you have to struggle to keep them getting tickled.
[53:15.000 --> 53:23.000]  You will be amazed at how many laws they break. Just one after the other after the other.
[53:23.000 --> 53:27.000]  Oh, yeah, I realized that from dealing with child support cases.
[53:27.000 --> 53:32.000]  That has to be the worst. Family law is always the worst.
[53:32.000 --> 53:37.000]  Some people paid me to go to Australia and do some seminars.
[53:37.000 --> 53:45.000]  They picked me up in Sydney and we're approaching the Sydney Bay Bridge and there's a guy up on the bridge.
[53:45.000 --> 53:47.000]  There's cop cars everywhere. They're trying to get him down.
[53:47.000 --> 53:54.000]  He's got this big banner up there on the bridge about the corruption in the family courts.
[53:54.000 --> 54:08.000]  Same everywhere. H.G. Wells in his Outline of History, very aptly on speaking to the corruption of the Poles during the Dark Ages.
[54:08.000 --> 54:18.000]  And I made no disrespect to Catholics, but he said the giver of the law most owes the law allegiance.
[54:18.000 --> 54:33.000]  He, of all beings, should behave as though the law compels him. But it is the universal failing of mankind that what we are given to administer, we promptly presume we own.
[54:33.000 --> 54:38.000]  You need to remind them they don't own it and they are subject to it.
[54:38.000 --> 54:52.000]  And the most dangerous person in the courtroom, in the courthouse, is you because you're an ordinary citizen and you can sting them good.
[54:52.000 --> 55:08.000]  So go through the code, if you will, and then call us back next week. And I'd like to bounce some codes off of you and see how our code relates to Indiana code.
[55:08.000 --> 55:25.000]  And we might be able to come up with a really elegant strategy to take what they're doing and cram it down their throats in a way that it will appear to threaten their position.
[55:25.000 --> 55:32.000]  But if it's not too loud, then they can change what they're doing without losing faith.
[55:32.000 --> 55:40.000]  Faith is really important. That's why you stay quiet about it. If you just want them to change, you don't get too loud about it.
[55:40.000 --> 55:48.000]  Then they can change and not have to explain. They can come up with a reason. Even if it's not the right reason, you don't care.
[55:48.000 --> 55:54.000]  But they can come up with a reason and make the changes as long as they make the changes.
[55:54.000 --> 56:05.000]  Too much noise is like me reaching out and pushing against you. You can't help it. You're going to push back.
[56:05.000 --> 56:14.000]  But if I just tap you on the shoulder, it doesn't necessarily get the same kind of reaction. I hope I'm making sense here.
[56:14.000 --> 56:26.000]  Yeah. The law we can look up, that we can find. The strategy of how to apply it to get an outcome, that's a little more subtle.
[56:26.000 --> 56:32.000]  So do you have any other questions? I kind of would stretch you there. I didn't give you a chance to.
[56:32.000 --> 56:47.000]  Well, the only other question I have is since the Department of Insurance is the one that issues my license and they have direct control over the Bell Bondsmen's,
[56:47.000 --> 56:51.000]  wouldn't they also have a duty to protect our interests?
[56:51.000 --> 57:01.000]  No. No, they wouldn't have a duty. They would have an interest in it. And that is a good point.
[57:01.000 --> 57:10.000]  Okay. Here in Texas, a lot of the Bell Bondsmen don't actually put up their own collateral. They work under insurance companies.
[57:10.000 --> 57:13.000]  Do they do that in Indiana?
[57:13.000 --> 57:16.000]  Yeah. We work under insurance companies.
[57:16.000 --> 57:23.000]  Okay. So the insurance company, they have a lot bigger dog in this hunt than you do.
[57:23.000 --> 57:28.000]  Yeah. That's another one I was going to ask if the insurance company would be a bigger player.
[57:28.000 --> 57:38.000]  Very good chance you could interest the insurance company in an action against this judge.
[57:38.000 --> 57:45.000]  Is this a statewide thing that's going on or is it localized?
[57:45.000 --> 57:59.000]  No. It's happening in probably close to half of the counties in Indiana are going to be either cash bonds or what they call split bonds where they pay half to the court and half to the Bell Bonds.
[57:59.000 --> 58:14.000]  Okay. You might want to find a local judge in a local county that's digging good and see if you can interest the insurance company to take it on this issue.
[58:14.000 --> 58:20.000]  If you can find a judge that's especially egregious in his behavior, it's better.
[58:20.000 --> 58:22.000]  Yeah. I might step around here.
[58:22.000 --> 58:24.000]  Fine.
[58:24.000 --> 58:30.000]  Okay. Hang on. We're about to go to break. We need to finish up. We've got three more callers.
[58:30.000 --> 58:40.000]  So we'll finish this up on the other side. Randy Kelton, Google Well Radio. I call it number 512-646-1984. It's the top of the hour break. It's a little longer.
[58:40.000 --> 58:50.000]  So go to logosradio.com and check out our sponsors and help us keep this network on the air. We'll be right back.
[58:50.000 --> 58:58.000]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[58:58.000 --> 59:07.000]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture.
[59:07.000 --> 59:18.000]  Enter the recovery version. First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes.
[59:18.000 --> 59:28.000]  Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:28.000 --> 59:50.000]  Bibles for America would like to give you a free recovery version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102, or by ordering online at freestudybible.com. That's freestudybible.com.
[59:50.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at logosradio.com.
[01:00:00.000 --> 01:00:21.000]  The following use flash is brought to you by the Lone Star Lowdown, providing your daily bulletins for the commodities market, Today in History, news updates, and the inside scoop into the tides of the alternative.
[01:00:21.000 --> 01:00:43.000]  Markets for the 3rd of September, 2015 opened up with gold at $1,125.05 an ounce, silver $14.70 an ounce, Texas crude $46.25 a barrel, and Bitcoin is currently sitting at about 227 U.S. currency.
[01:00:43.000 --> 01:01:01.000]  Today in History, Monday, September 3rd, 1838, a 20-year-old African-American male slave escapes from his slave masters disguised as a sailor in Baltimore. With his newfound freedom, he got a newfound name, Frederick Douglass.
[01:01:01.000 --> 01:01:16.000]  In recent use, Guatemalan President Otto Perez Molina appeared in court today to respond to charges of his alleged involvement in illicit associations and corruption related to a customs fraud ring which gave discounts on import tariffs to companies in exchange for kickbacks.
[01:01:16.000 --> 01:01:29.000]  The 64-year-old resigned late last night after a judge issued a warrant for his arrest. Under Guatemalan law, Vice President Alejandro Maldonado Guerra will take office to serve out the rest of Mr. Molina's term, which ends in January of next year.
[01:01:29.000 --> 01:01:49.000]  The former Vice President, Roxana Beldedi, has already been jailed in relation to a probe on similar charges. In a message broadcast on Guatemalan national TV and radio last week, Mr. Molina denied the charges, saying, quote, I categorically deny and reject the accusations that I was involved in having received any money from the customs fraud scheme.
[01:01:49.000 --> 01:02:01.000]  The rest warrant came a day after Guatemala's Congress voted 132 to 0 to strip the president of his immunity from prosecution, the first such action against a democratically elected leader in the country's history.
[01:02:01.000 --> 01:02:12.000]  Attorney General Telma Aldana told Guatemalan television stations that we are convinced he was involved.
[01:02:12.000 --> 01:02:20.000]  Kim Davis, a county clerk in Rowan County, Kentucky, was taken into custody today after she was held in contempt of court for refusing to issue same-sex marriage licenses.
[01:02:20.000 --> 01:02:29.000]  U.S. District Judge David L. Bunning told her that, quote, the idea of natural law superseding this court's authority would be a dangerous precedent, end quote.
[01:02:29.000 --> 01:02:40.000]  Ms. Davis, an apostolic Christian, said it would violate her faith and conscience to issue marriage licenses to same-sex couples and had directed her office to withhold marriage licenses to both gay and straight couples.
[01:02:40.000 --> 01:02:48.000]  She was sued by four gay couples who were denied licenses and was ordered by Bunning last month to begin issuing the licenses this week.
[01:02:48.000 --> 01:02:50.000]  She refused, citing her religious beliefs.
[01:02:50.000 --> 01:02:56.000]  One has to wonder why working for the state to begin with wasn't a violation of her conscience.
[01:02:56.000 --> 01:03:11.000]  This was your lowdown for September 3, 2015.
[01:03:26.000 --> 01:03:34.000]  Okay.
[01:03:34.000 --> 01:03:35.000]  We are back.
[01:03:35.000 --> 01:03:37.000]  Randy Kelton with our radio and we're talking to Doug in Indiana.
[01:03:37.000 --> 01:03:39.000]  And, Doug, we do have to move along.
[01:03:39.000 --> 01:03:41.000]  I've spent a lot of time on this.
[01:03:41.000 --> 01:03:44.000]  It's primarily my favorite subject.
[01:03:44.000 --> 01:03:54.000]  But it kind of goes through the codes with this, how you can go after them directly in mind.
[01:03:54.000 --> 01:04:01.000]  And let's talk next week and see if we can come up with a strategy.
[01:04:01.000 --> 01:04:04.000]  We can do that.
[01:04:04.000 --> 01:04:10.000]  Okay, well, thank you for calling in and I look forward to talking to you next week.
[01:04:10.000 --> 01:04:11.000]  Okay.
[01:04:11.000 --> 01:04:12.000]  Okay.
[01:04:12.000 --> 01:04:17.000]  Now we're going to go to Philip in Texas.
[01:04:17.000 --> 01:04:19.000]  Hello, Philip.
[01:04:19.000 --> 01:04:20.000]  Hey, Randy.
[01:04:20.000 --> 01:04:21.000]  How's it going?
[01:04:21.000 --> 01:04:22.000]  It's going good.
[01:04:22.000 --> 01:04:25.000]  What do you have for us today?
[01:04:25.000 --> 01:04:39.000]  So I've been calling in the last couple months off and on with a debt collection case actually filed against my wife.
[01:04:39.000 --> 01:04:47.000]  And funny enough, they're the same attorney firm that had a lawsuit they filed against me last year.
[01:04:47.000 --> 01:04:52.000]  And they filed it last year.
[01:04:52.000 --> 01:05:03.000]  I answered it, I can't remember how long, maybe a week or two after they served me with the lawsuit.
[01:05:03.000 --> 01:05:06.000]  And I also put in a motion to dismiss.
[01:05:06.000 --> 01:05:09.000]  Well, it just sat there.
[01:05:09.000 --> 01:05:10.000]  They never did anything.
[01:05:10.000 --> 01:05:14.000]  The judge never ruled on the motion to dismiss, but, you know, nothing ever really happened.
[01:05:14.000 --> 01:05:18.000]  So we were, the case was put on the dismissal docket.
[01:05:18.000 --> 01:05:20.000]  And I got a notice from the court about that.
[01:05:20.000 --> 01:05:27.000]  And, you know, a little bit of words and stuff.
[01:05:27.000 --> 01:05:39.000]  But towards the end it said, if you want your case to remain on the docket, you must appear at the dismissal docket at the date and time shown above with a file mark copy of sworn motion to retain along with the order to retain.
[01:05:39.000 --> 01:05:44.000]  Oh, of course, I didn't want to, you know, to continue the lawsuit.
[01:05:44.000 --> 01:05:45.000]  So I didn't show up.
[01:05:45.000 --> 01:05:49.000]  I didn't have an order to retain or anything.
[01:05:49.000 --> 01:05:54.000]  And I just assumed that it was going to quietly go away.
[01:05:54.000 --> 01:06:01.000]  Well, then I got a letter in the mail that said I had a default judgment against me.
[01:06:01.000 --> 01:06:11.000]  I was kind of confused because I had filed an answer and, in fact, filed a motion to dismiss that had not been ruled on.
[01:06:11.000 --> 01:06:17.000]  So I go and I pull everything in the case docket.
[01:06:17.000 --> 01:06:29.000]  And then there was a motion filed by this same law firm alleging that I had never filed an answer.
[01:06:29.000 --> 01:06:37.000]  And because of that, I asked for a motion for default judgment.
[01:06:37.000 --> 01:06:39.000]  They never noticed me.
[01:06:39.000 --> 01:06:44.000]  I never received one in the mail, not even, you know, it's been two weeks since then.
[01:06:44.000 --> 01:06:49.000]  And I still have not received anything in the mail from them.
[01:06:49.000 --> 01:06:53.000]  So the judge did grant that order.
[01:06:53.000 --> 01:06:57.000]  And so right now I'm kind of looking to see what to do.
[01:06:57.000 --> 01:07:06.000]  One, if I understand correctly, they definitely should have at least given, you know, served me with a copy of their motion for default judgment.
[01:07:06.000 --> 01:07:08.000]  So I could have at least moved to it.
[01:07:08.000 --> 01:07:09.000]  Okay.
[01:07:09.000 --> 01:07:11.000]  Default judgment.
[01:07:11.000 --> 01:07:18.000]  Most default judgments occur from lack of response by the other side.
[01:07:18.000 --> 01:07:24.000]  70% of all default judgments get overturned.
[01:07:24.000 --> 01:07:30.000]  And most of those are for lack of notice.
[01:07:30.000 --> 01:07:32.000]  It just follows.
[01:07:32.000 --> 01:07:33.000]  The guy don't show up.
[01:07:33.000 --> 01:07:35.000]  He gets a default.
[01:07:35.000 --> 01:07:37.000]  He didn't show up because he didn't know about it.
[01:07:37.000 --> 01:07:38.000]  This is classic.
[01:07:38.000 --> 01:07:53.000]  What's not classic is that the lawyer deliberately did not, it's him noted, did the lawyer in his pleading testify to notice?
[01:07:53.000 --> 01:07:56.000]  No, no, he did not.
[01:07:56.000 --> 01:08:03.000]  You know, just like I, you know, in my motion to Smith, I, you know, added an extra letter in there, you know, certifying my service to him.
[01:08:03.000 --> 01:08:10.000]  This, the only thing in there is the motion, the motion for default judgment.
[01:08:10.000 --> 01:08:22.000]  Well, in the motion, in order to establish grounds for default judgment, he has to testify in the motion that he served you.
[01:08:22.000 --> 01:08:25.000]  There has to be a certificate of service.
[01:08:25.000 --> 01:08:26.000]  There is none.
[01:08:26.000 --> 01:08:31.000]  There is not a certificate of service for this.
[01:08:31.000 --> 01:08:36.000]  You should go after, you should file against the judge.
[01:08:36.000 --> 01:08:42.000]  Well, that's kind of what I was wondering is, you know, the judge, you know, he's got the case document in front of him.
[01:08:42.000 --> 01:08:53.000]  I mean, you know, the first, well, the second paragraph in this is, you know, about halfway through was talking about despite having been duly served herein,
[01:08:53.000 --> 01:09:05.000]  defendant has wholly failed to file an answer or any other pleading constituting an answer to this lawsuit and the deadline for filing of such an answer has expired.
[01:09:05.000 --> 01:09:10.000]  And there is an answer in the court record?
[01:09:10.000 --> 01:09:13.000]  Absolutely. I have a copy.
[01:09:13.000 --> 01:09:20.000]  So the judge is sitting there with the answer in front of him.
[01:09:20.000 --> 01:09:21.000]  Yes.
[01:09:21.000 --> 01:09:25.000]  And they testify that the answer wasn't filed.
[01:09:25.000 --> 01:09:30.000]  They, it sounds like they testified that you were duly noticed.
[01:09:30.000 --> 01:09:39.000]  Does that state, okay, that goes to you were duly noticed about the?
[01:09:39.000 --> 01:09:40.000]  The service.
[01:09:40.000 --> 01:09:43.000]  The filing of the suit.
[01:09:43.000 --> 01:09:46.000]  Absolutely. And I was.
[01:09:46.000 --> 01:09:53.000]  Does it state that you were properly served this motion?
[01:09:53.000 --> 01:10:00.000]  That should be in a certificate of service at the end and it also should be in the motion itself.
[01:10:00.000 --> 01:10:01.000]  And it is not.
[01:10:01.000 --> 01:10:09.000]  It is not. There's no certificate of service other than for the original lawsuit and then, of course, my certificates of service.
[01:10:09.000 --> 01:10:18.000]  Okay. If you're the judge, you're sitting there and these guys filing motion for default, motion for default judgment.
[01:10:18.000 --> 01:10:25.000]  What's the first question that's going to come to your mind? Motion for default judgment for failure to answer.
[01:10:25.000 --> 01:10:28.000]  What's the first question that's going to come to your mind?
[01:10:28.000 --> 01:10:32.000]  Was there an answer?
[01:10:32.000 --> 01:10:40.000]  Assuming they're saying for failure to, they're saying you didn't respond to this motion for default judgment.
[01:10:40.000 --> 01:10:46.000]  So the first question is going to come to mind is, well, why didn't he respond?
[01:10:46.000 --> 01:10:48.000]  Right.
[01:10:48.000 --> 01:10:54.000]  That begs the question, was he served?
[01:10:54.000 --> 01:10:58.000]  Did he even know this existed?
[01:10:58.000 --> 01:11:01.000]  Then the judge can look down at the documentation.
[01:11:01.000 --> 01:11:10.000]  There must be something in the documentation saying that the person was given notice of this filing.
[01:11:10.000 --> 01:11:16.000]  And in the motion for default judgment.
[01:11:16.000 --> 01:11:19.000]  Wait a minute.
[01:11:19.000 --> 01:11:30.000]  Okay. The motion for default judgment is saying that, okay, they're asking for default judgment for no answer to the original suit.
[01:11:30.000 --> 01:11:32.000]  Correct.
[01:11:32.000 --> 01:11:35.000]  And they did do proper service on that one, but they're claiming there was no answer.
[01:11:35.000 --> 01:11:37.000]  The judge had the answer in front of them.
[01:11:37.000 --> 01:11:52.000]  Now, this motion, this motion didn't have to argue that they served you because there should have been attached to the motion a certificate of service.
[01:11:52.000 --> 01:11:53.000]  Correct.
[01:11:53.000 --> 01:11:56.000]  And you're saying there is no certificate of service.
[01:11:56.000 --> 01:12:01.000]  Yes, I am saying there is no certificate of service for this motion.
[01:12:01.000 --> 01:12:16.000]  The judge had no jurisdiction to rule on that motion because it was not properly before the court and the court had to know that.
[01:12:16.000 --> 01:12:25.000]  When he gets in court on this issue and he looks at this and the guy said the defendant is not here.
[01:12:25.000 --> 01:12:27.000]  Why is the defendant not here?
[01:12:27.000 --> 01:12:32.000]  Did you notice the defendant about this hearing?
[01:12:32.000 --> 01:12:36.000]  First question should be out of the judge's mouth.
[01:12:36.000 --> 01:12:41.000]  And he can look at the document to see if it states that you were noticing it wasn't.
[01:12:41.000 --> 01:12:44.000]  This is an issue with the judge.
[01:12:44.000 --> 01:12:46.000]  Yes, it is.
[01:12:46.000 --> 01:12:53.000]  I would go after the judge.
[01:12:53.000 --> 01:12:57.000]  Hang on, we have, let me check.
[01:12:57.000 --> 01:13:01.000]  Jeff said one, two, three.
[01:13:01.000 --> 01:13:02.000]  Okay.
[01:13:02.000 --> 01:13:06.000]  I have Jeff calls in sometimes when he has a comment.
[01:13:06.000 --> 01:13:08.000]  Jeff, are you there?
[01:13:08.000 --> 01:13:09.000]  I am.
[01:13:09.000 --> 01:13:11.000]  Did you have a comment on this?
[01:13:11.000 --> 01:13:13.000]  Oh, I have several.
[01:13:13.000 --> 01:13:14.000]  I kind of.
[01:13:14.000 --> 01:13:15.000]  Randy.
[01:13:15.000 --> 01:13:16.000]  Oh, shit.
[01:13:16.000 --> 01:13:17.000]  You're wrong.
[01:13:17.000 --> 01:13:21.000]  Okay.
[01:13:21.000 --> 01:13:25.000]  I do not know for sure what his state rules are.
[01:13:25.000 --> 01:13:31.000]  But I can tell you in federal court, you serve somebody, they fail to answer.
[01:13:31.000 --> 01:13:38.000]  You get a notice of default from the clerk and then you file your motion for default judgment.
[01:13:38.000 --> 01:13:43.000]  You do not have to notify the other side because they fail to answer.
[01:13:43.000 --> 01:13:49.000]  And his motion, the enemy's motion in this case was for a default judgment because he failed to answer.
[01:13:49.000 --> 01:13:51.000]  I'm going to handle this from the current back.
[01:13:51.000 --> 01:13:53.000]  Okay.
[01:13:53.000 --> 01:13:54.000]  Okay.
[01:13:54.000 --> 01:13:55.000]  That makes sense.
[01:13:55.000 --> 01:14:01.000]  He did not have to serve the caller with the notice of motion for default.
[01:14:01.000 --> 01:14:02.000]  More than likely.
[01:14:02.000 --> 01:14:05.000]  Check your rules, but I think you'll find that that's probably so.
[01:14:05.000 --> 01:14:08.000]  That is a very good point, and it does make sense.
[01:14:08.000 --> 01:14:09.000]  Okay.
[01:14:09.000 --> 01:14:11.000]  Now, let's handle your motion.
[01:14:11.000 --> 01:14:17.000]  You cannot put a motion into court without docketing it for a hearing.
[01:14:17.000 --> 01:14:26.000]  It will stay there in that file until the paper turns yellow and disintegrates and go nowhere.
[01:14:26.000 --> 01:14:27.000]  Okay.
[01:14:27.000 --> 01:14:28.000]  You have to set it for hearing.
[01:14:28.000 --> 01:14:29.000]  I was going to get to that one.
[01:14:29.000 --> 01:14:31.000]  I hadn't got to that one yet.
[01:14:31.000 --> 01:14:32.000]  Okay.
[01:14:32.000 --> 01:14:37.000]  Yeah, you have to set it for hearing and you have to notice the other side of the hearing.
[01:14:37.000 --> 01:14:40.000]  Let's back up a little further.
[01:14:40.000 --> 01:14:47.000]  Let's stop here for a second.
[01:14:47.000 --> 01:14:48.000]  Okay.
[01:14:48.000 --> 01:14:56.000]  If you have filed a motion with the court, if you haven't set a motion hearing, the other
[01:14:56.000 --> 01:15:00.000]  side files a motion with the court and sets a motion hearing.
[01:15:00.000 --> 01:15:03.000]  All of the motions before the court have to be heard.
[01:15:03.000 --> 01:15:09.000]  No, they won't.
[01:15:09.000 --> 01:15:12.000]  Maybe they won't, but they have a duty to.
[01:15:12.000 --> 01:15:15.000]  The motion isn't before the court and a motion hearing is set.
[01:15:15.000 --> 01:15:17.000]  You have to check on that because I think you'll find it there.
[01:15:17.000 --> 01:15:19.000]  You have to check on that, yeah.
[01:15:19.000 --> 01:15:20.000]  That's right.
[01:15:20.000 --> 01:15:23.000]  You have to be noticed of why you're going to be at the hearing.
[01:15:23.000 --> 01:15:24.000]  That's right.
[01:15:24.000 --> 01:15:31.000]  So if this wasn't set for hearing, then you won't get notice and be prepared.
[01:15:31.000 --> 01:15:32.000]  Okay.
[01:15:32.000 --> 01:15:33.000]  Good point.
[01:15:33.000 --> 01:15:40.000]  Let's back up to the point where bouncing back between the first point and the third
[01:15:40.000 --> 01:15:48.000]  point, they filed a motion for default judgment because you failed to answer.
[01:15:48.000 --> 01:15:56.000]  As far as I remember correctly, you did answer and your answer is on the docket, correct?
[01:15:56.000 --> 01:15:57.000]  Correct.
[01:15:57.000 --> 01:15:58.000]  Okay.
[01:15:58.000 --> 01:16:03.000]  You go down to the courthouse and you get a certified copy of the docket.
[01:16:03.000 --> 01:16:07.000]  You make a photocopy of your date stamp answer.
[01:16:07.000 --> 01:16:17.000]  You put on top of that a motion to vacate, and you assert that the other side has perpetrated
[01:16:17.000 --> 01:16:23.000]  fraud upon the court and having a proffer to the court that you had not answered when
[01:16:23.000 --> 01:16:33.000]  you had, and you reference the docket and a copy of your filed complaint and move the
[01:16:33.000 --> 01:16:36.000]  court to vacate the judgment.
[01:16:36.000 --> 01:16:40.000]  Now here's the thing you got to be aware of.
[01:16:40.000 --> 01:16:42.000]  Here comes the music.
[01:16:42.000 --> 01:16:43.000]  Yeah.
[01:16:43.000 --> 01:16:45.000]  I was going to say it quickly.
[01:16:45.000 --> 01:16:46.000]  Okay.
[01:16:46.000 --> 01:17:01.000]  We'll be right back.
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[01:20:01.000 --> 01:20:15.120]  Okay, we are back, Randy Kelton with our radio, we're talking to Philip here in Texas, and
[01:20:15.120 --> 01:20:26.480]  Jeff has caught me wrong again, and I like that, I try to go with what I know.
[01:20:26.480 --> 01:20:31.120]  It's not that you're really wrong, it's just that it's not as accurate as you would like
[01:20:31.120 --> 01:20:33.560]  for it to be, or I, for that matter.
[01:20:33.560 --> 01:20:38.280]  Yeah, well, wrong is wrong, and it's okay, because I don't know it all.
[01:20:38.280 --> 01:20:40.280]  Right, neither do I.
[01:20:40.280 --> 01:20:48.880]  All right, now, if we can go back and revisit your complaint and answer, and their motion
[01:20:48.880 --> 01:20:57.800]  for default judgment, you're going to file a motion for the court to vacate that opposing
[01:20:57.800 --> 01:21:02.680]  counsel has made false and misleading statements to the court that you had not answered when
[01:21:02.680 --> 01:21:15.720]  in fact you had, and you're saying attached to this motion is a certified copy of the
[01:21:15.720 --> 01:21:25.320]  court file docket, and a copy of your date stamp complaint, or date stamp answer, and
[01:21:25.320 --> 01:21:33.280]  move the court to vacate, and here's the thing, if you got to, no, don't go for sanctions,
[01:21:33.280 --> 01:21:38.960]  the court will ignore that anyway, no, and you're not going to get them anyhow, and if
[01:21:38.960 --> 01:21:46.120]  you do move for sanctions, what we have a tendency to do is sanctions in the form of
[01:21:46.120 --> 01:21:51.480]  granting our motion, sanctions be paid into the court, or something like that, because
[01:21:51.480 --> 01:21:59.200]  they can't give us sanctions, we're pro se, they just can't give them to us, yeah.
[01:21:59.200 --> 01:22:07.160]  You want sanctions to prevent them from forcing you to have to respond to this kind of nonsense,
[01:22:07.160 --> 01:22:18.280]  you're not asking to be paid, right, or sanctioning to whatever extent the court believes will
[01:22:18.280 --> 01:22:28.120]  give opposing counsel good reason to amend their bad behavior, yeah, how about that one,
[01:22:28.120 --> 01:22:33.640]  yes, but here's the thing that you need to be prepared for, as soon as they see your
[01:22:33.640 --> 01:22:40.800]  motion in there to vacate, why you're requesting it to vacate, they will have prepared and
[01:22:40.800 --> 01:22:55.040]  will be ready to file a motion for summary judgment, okay, okay, when you got the first
[01:22:55.040 --> 01:23:01.800]  Dunning letter from these people, did you dispute and demand validation, no, this was
[01:23:01.800 --> 01:23:12.520]  an old debt, how old, okay, old before I got into learning about all this stuff, not so
[01:23:12.520 --> 01:23:24.760]  old, but no, I don't care, old, how old, trying to remember, I think 2011, that's not old,
[01:23:24.760 --> 01:23:30.760]  it was fall in 2014, no, I mean, old as in, I didn't know any about any of that stuff,
[01:23:30.760 --> 01:23:41.200]  so I didn't know any letter, you have to be a little bit careful about these things, because
[01:23:41.200 --> 01:23:46.920]  you're making a false communication when you say it out loud, you're also making a false
[01:23:46.920 --> 01:23:54.160]  communication when you say it just to yourself, so don't deal with it on that basis, you're
[01:23:54.160 --> 01:24:00.480]  not old enough to be outside the statute of limitations as near as I can tell, because
[01:24:00.480 --> 01:24:06.160]  it was two years old when they filed the case, and I'm not sure what the statute of limitations
[01:24:06.160 --> 01:24:13.600]  is in Texas for this type of situation, it's four years, okay, so it's not old enough to
[01:24:13.600 --> 01:24:31.320]  be outside the statute of limitations, here's what I would suggest you do, send an email
[01:24:31.320 --> 01:24:36.560]  to Randy and have it forwarded to me, I want to get you on some conference calls where
[01:24:36.560 --> 01:24:45.440]  you start asking questions about what you can do and how you can do it under the FDCPA,
[01:24:45.440 --> 01:25:08.240]  in the meantime, do you have a pencil and paper? I do. Okay, trying to figure the address
[01:25:08.240 --> 01:25:18.040]  now, it's not free credit reports, it might be online credit reports that is basically
[01:25:18.040 --> 01:25:25.120]  sanctioned by all three of the major CRAs, Experian, Equifax and TransUnion, pull your
[01:25:25.120 --> 01:25:32.760]  credit reports, take a look at them, anything that's in there that is derogatory, dispute
[01:25:32.760 --> 01:25:42.720]  it, look for anything that might be in there by the law firm or who they say they're representing,
[01:25:42.720 --> 01:25:57.680]  what kind of debt is this? Credit card debt. Okay, HSBC card by any chance? No, Wells Fargo.
[01:25:57.680 --> 01:26:06.920]  Okay, now pull the credit report, it's not free credit report, I don't even, damn I'm
[01:26:06.920 --> 01:26:13.840]  sure I can remember the name of it, I think it's online credit report but I'm not sure,
[01:26:13.840 --> 01:26:24.280]  and pull your credit reports and go through there and as I said, pull out any derogatory
[01:26:24.280 --> 01:26:36.560]  trade lines that are listed and also at the same time, look for any inquiries from a debt
[01:26:36.560 --> 01:26:52.080]  collector or somebody else that might be looking at your credit report and dispute those. Okay,
[01:26:52.080 --> 01:27:07.440]  no, it's not online. I can't think of who it is at this point. Anyway, if you send an
[01:27:07.440 --> 01:27:10.800]  email off to Randy, Randy will send it to me, I'll give you the information as to where
[01:27:10.800 --> 01:27:20.440]  to go get your credit report but while... Could it be creditreport.com? What long ago? I don't
[01:27:20.440 --> 01:27:28.560]  know what he's talking about. See your free credit reports. Free credit report. It's for
[01:27:28.560 --> 01:27:35.400]  a dollar, plus a dollar. There's one that's for free but they have to give it to you,
[01:27:35.400 --> 01:27:41.480]  one for me to the credit bureaus once every year according to a federal law that was passed
[01:27:41.480 --> 01:27:48.800]  a few years ago. Right. They don't give you credits, but there's the credit report. Oh,
[01:27:48.800 --> 01:27:56.120]  yeah. That's close but that's not it. Just send Randy an email, I'll get you the correct
[01:27:56.120 --> 01:28:12.600]  address. Wait a little bit. Why didn't I think of this? Getting started. He's thinking, he's
[01:28:12.600 --> 01:28:27.080]  kind of old so it takes a while. Annualcreditreport.com. That's it. ANNUALcreditreport.com. Do not
[01:28:27.080 --> 01:28:37.040]  request a combined report. Get them individually because you'll get far more detail. Okay.
[01:28:37.040 --> 01:28:44.760]  And just send out a dispute on any trade line that appears in there and you don't necessarily
[01:28:44.760 --> 01:28:55.480]  need to dispute the inquiries. Okay. Basically, you see what we can do to get them set up
[01:28:55.480 --> 01:29:02.560]  and I'll send you a list of FTCPA frequently violated guidelines where you start taking
[01:29:02.560 --> 01:29:07.080]  a look at to see if you can find where they may have violated the FTCPA and done so within
[01:29:07.080 --> 01:29:12.720]  the past year. Okay. Okay. All right. And I'll also send you information for some free
[01:29:12.720 --> 01:29:19.360]  conference calls that occur on Monday, Tuesday and Wednesdays that you can attend and ask
[01:29:19.360 --> 01:29:30.320]  questions. Okay. Okay. All right. Randy, I did have another question still on the same
[01:29:30.320 --> 01:29:38.040]  topic and is, you know, is there any kind of consequences for the lawyer making either
[01:29:38.040 --> 01:29:46.880]  making this mistake or just bold-faced lying attesting to the fact that... There are consequences
[01:29:46.880 --> 01:29:53.680]  you could ask for sanctions. Is there criminal... Like Jeff said. Sort of. But there's also
[01:29:53.680 --> 01:30:09.720]  the bar grievance side. This is blatant and intentional.
[01:30:09.720 --> 01:30:14.200]  Seriously not disappeared. I'm Dr. Catherine Albrecht back with the tale of the missing
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[01:33:01.120 --> 01:33:30.120]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:30.120 --> 01:33:58.120]  Thank you.
[01:33:58.120 --> 01:34:09.120]  Okay, we are back from the falling off the cliff there again. Where were we, Jeff?
[01:34:09.120 --> 01:34:16.120]  Well, I'm not sure if the caller got annualcreditreport.com down or not, but did you call her?
[01:34:16.120 --> 01:34:18.120]  She's muted.
[01:34:18.120 --> 01:34:22.120]  Okay, go ahead, Phillip. Got you, got you, Phillip. Go ahead.
[01:34:22.120 --> 01:34:26.120]  The answer is yes. Yes, I got that down.
[01:34:26.120 --> 01:34:31.120]  Okay, great. I don't know if you heard it or not, and I'm not sure when I got cut off,
[01:34:31.120 --> 01:34:37.120]  but I'll say it again. You want to request the individual credit reports not to combine,
[01:34:37.120 --> 01:34:42.120]  because the individual credit reports come with far more detail than the combined does.
[01:34:42.120 --> 01:34:48.120]  Okay, and then you go through that, you dispute the trade lines, you leave the inquiries alone,
[01:34:48.120 --> 01:34:53.120]  you hold those in reserve for later, because chances are you're going to have inquiries in there
[01:34:53.120 --> 01:35:01.120]  that are actionable also. And under the FTCPA, it's $1,000 per violation per defendant.
[01:35:01.120 --> 01:35:07.120]  Well, actually it's for a violation per defendant. You can't stack them.
[01:35:07.120 --> 01:35:13.120]  You can only get one violation under the FTCPA. But under the FCRA, which has to do with credit reports,
[01:35:13.120 --> 01:35:21.120]  it can be $1,000 per credit report, per event, per month.
[01:35:21.120 --> 01:35:26.120]  So you can have something up to $3,000 in violations per month.
[01:35:26.120 --> 01:35:31.120]  So let's hang tight with that and send the email off to Randy.
[01:35:31.120 --> 01:35:35.120]  Randy will forward it to me, and I will send you information to get you started,
[01:35:35.120 --> 01:35:40.120]  along with the call information for Mondays, Tuesdays, and Wednesdays. Okay?
[01:35:40.120 --> 01:35:42.120]  Okay. All right. Thank you.
[01:35:42.120 --> 01:35:46.120]  And if I'm talking too fast, I'm sorry. I want to get it in so I can go ahead and ring off
[01:35:46.120 --> 01:35:49.120]  and go back to listen, Mike.
[01:35:49.120 --> 01:35:51.120]  All right. Thank you.
[01:35:51.120 --> 01:35:52.120]  You're welcome.
[01:35:52.120 --> 01:35:55.120]  Any other questions, Philip?
[01:35:55.120 --> 01:36:02.120]  My only question was, is it possible or is it even worth it to try and do criminal charges for this?
[01:36:02.120 --> 01:36:03.120]  No.
[01:36:03.120 --> 01:36:10.120]  Is it criminal to lie, pleading, bold-faced like that?
[01:36:10.120 --> 01:36:19.120]  Well, technically, yes. That was a material fact. This represented a material fact.
[01:36:19.120 --> 01:36:26.120]  The fact that claiming that you did not answer, that was extremely material.
[01:36:26.120 --> 01:36:36.120]  And it was demonstrably false by the record that's in front of both the lawyer who wrote the motion and the judge.
[01:36:36.120 --> 01:36:47.120]  And I know Jeff doesn't put as much stock in criminal as I do, but I think criminal is a separate issue.
[01:36:47.120 --> 01:36:52.120]  Well, he asked the question whether it was worthwhile or not. In my opinion, it's not.
[01:36:52.120 --> 01:36:58.120]  I think the court will immediately dismiss that as being de minimis or a minuscule or small.
[01:36:58.120 --> 01:37:00.120]  It was just an error or an oversight.
[01:37:00.120 --> 01:37:01.120]  This is not something...
[01:37:01.120 --> 01:37:04.120]  You know, a screw-up or whatever.
[01:37:04.120 --> 01:37:10.120]  The court does not have that option.
[01:37:10.120 --> 01:37:17.120]  The court doesn't get to decide if it wants to enforce the law or not.
[01:37:17.120 --> 01:37:24.120]  Especially if you make the criminal accusation, you wouldn't make it in this court in any case.
[01:37:24.120 --> 01:37:35.120]  I understand. I think your best avenue is to learn how to sue these people in a federal court and start making money off of them.
[01:37:35.120 --> 01:37:40.120]  It's going to be the best lesson you can deliver to them.
[01:37:40.120 --> 01:37:45.120]  You put not only their bar card, but their liberty at risk.
[01:37:45.120 --> 01:37:48.120]  You know, we can fight them. We know how to fight them.
[01:37:48.120 --> 01:37:52.120]  There's a lot of people out there that just don't have a clue.
[01:37:52.120 --> 01:37:54.120]  And they do this stuff to everybody.
[01:37:54.120 --> 01:37:58.120]  Somebody needs to sting them good.
[01:37:58.120 --> 01:38:03.120]  They do it to everybody because, man, every once in a while they have to pay a little money.
[01:38:03.120 --> 01:38:07.120]  And they make so much that it's the cost of doing business.
[01:38:07.120 --> 01:38:14.120]  But when you start pointing at their liberty and at their bar card, now you're getting their attention.
[01:38:14.120 --> 01:38:24.120]  And it's my position that we don't file criminal charges to help us in the civil case, because it's not. It shouldn't.
[01:38:24.120 --> 01:38:28.120]  File criminal charges costs us your duties.
[01:38:28.120 --> 01:38:34.120]  You don't want these people doing it to other folks that don't have the capacity to fight back.
[01:38:34.120 --> 01:38:42.120]  Well, this is the second time this particular law firm has done something that was illegal towards my family.
[01:38:42.120 --> 01:38:49.120]  So, you know, it just kind of makes me wish I'd stung them to begin with, which we said.
[01:38:49.120 --> 01:38:53.120]  It's easy to understand your outrage.
[01:38:53.120 --> 01:38:57.120]  Yeah. I guess one...
[01:38:57.120 --> 01:39:01.120]  Okay, so I need to file this stuff tomorrow because I need to get this in timely.
[01:39:01.120 --> 01:39:10.120]  One quick question. In Texas, we have a motion to set aside default judgment that is part of the rules of civil procedure.
[01:39:10.120 --> 01:39:15.120]  Should I do that instead of motion to vacate or motion to vacate instead of that one?
[01:39:15.120 --> 01:39:22.120]  If that's what they commonly use in Texas and you can get the correct nomenclature in there
[01:39:22.120 --> 01:39:33.120]  and that the opposing counsel falsely misrepresented the fact that you had not answered when in fact you had,
[01:39:33.120 --> 01:39:38.120]  and you can still fit that in their motion to set aside, fine, use that.
[01:39:38.120 --> 01:39:42.120]  Okay. That did probably make it easier for you.
[01:39:42.120 --> 01:39:43.120]  Right.
[01:39:43.120 --> 01:39:47.120]  And it'll be something the judge will immediately recognize.
[01:39:47.120 --> 01:39:48.120]  Right.
[01:39:48.120 --> 01:39:55.120]  So he doesn't have to waste time on jurisdiction and all the cake trough that's in there because it's all...
[01:39:55.120 --> 01:39:56.120]  Right.
[01:39:56.120 --> 01:39:58.120] ...to be easier for him to do.
[01:39:58.120 --> 01:40:05.120]  And I support your position, Randy, on the bar grievance.
[01:40:05.120 --> 01:40:06.120]  I do.
[01:40:06.120 --> 01:40:09.120]  Well, that'll definitely happen.
[01:40:09.120 --> 01:40:12.120]  That's the criminal one.
[01:40:12.120 --> 01:40:19.120]  That was knowing and deliberate. Just because a lawyer did it doesn't make it okay.
[01:40:19.120 --> 01:40:20.120]  No, no, no, no.
[01:40:20.120 --> 01:40:28.120]  I don't get to come in and give knowingly and knowing and deliberate false testimony to the court.
[01:40:28.120 --> 01:40:37.120]  Yeah, but the thing of it is he's expected by his code of ethics or his criminal code of conduct
[01:40:37.120 --> 01:40:40.120]  to speak with candor to the tribunal.
[01:40:40.120 --> 01:40:47.120]  But they're going to hold that as being just a de minimis error.
[01:40:47.120 --> 01:40:51.120]  The judge is because the judge is a lawyer like he is.
[01:40:51.120 --> 01:40:54.120]  And the judge is used to doing the same kind of garbage.
[01:40:54.120 --> 01:40:56.120]  But I'm not a lawyer.
[01:40:56.120 --> 01:41:00.120]  Chances are the judge never looked beyond his complaint,
[01:41:00.120 --> 01:41:05.120]  never looked any further in the file than two or three pages of his motions for default judgment.
[01:41:05.120 --> 01:41:09.120]  And that's about as far as the judge, by the way, ever looked.
[01:41:09.120 --> 01:41:16.120]  But once you need to look at this or not the judge, judges, is the grand jury needs to look at this.
[01:41:16.120 --> 01:41:22.120]  The grand jury, my peers, is it okay for lawyers to lie to the court?
[01:41:22.120 --> 01:41:27.120]  Well, is it okay for a court not to know the contents of the file?
[01:41:27.120 --> 01:41:28.120]  Yes.
[01:41:28.120 --> 01:41:31.120]  Oh, I mean, it's not okay for the court to know that.
[01:41:31.120 --> 01:41:34.120]  I was saying from the beginning you should go after the judge.
[01:41:34.120 --> 01:41:36.120]  This was the judge's problem.
[01:41:36.120 --> 01:41:41.120]  Well, in this case, either he's too busy or he's too lazy.
[01:41:41.120 --> 01:41:43.120]  Yeah, absolutely.
[01:41:43.120 --> 01:41:48.120]  We talked about this early on, that this was a problem with the judge.
[01:41:48.120 --> 01:41:53.120]  He should have looked, he had that answer in front of him.
[01:41:53.120 --> 01:41:55.120]  Yeah.
[01:41:55.120 --> 01:42:00.120]  So Maywell might file against the judge as well.
[01:42:00.120 --> 01:42:03.120]  The lawyer committed perjury before the court.
[01:42:03.120 --> 01:42:10.120]  The court had, if not actual, had imputed knowledge of the perjury.
[01:42:10.120 --> 01:42:13.120]  The judge suborned perjury.
[01:42:13.120 --> 01:42:21.120]  And if you look at the federal on suborning perjury, that's 18 U.S. Code 4.
[01:42:21.120 --> 01:42:26.120]  I mean, it's not 18 U.S. Code 3259.
[01:42:26.120 --> 01:42:32.120]  It's right up there in the front, 4, and 3 has been repealed.
[01:42:32.120 --> 01:42:37.120]  So the legislature considered that a serious business.
[01:42:37.120 --> 01:42:42.120]  And for a judge to suborn perjury, he ought to be ripped off the bench
[01:42:42.120 --> 01:42:47.120]  and thrown in jail.
[01:42:47.120 --> 01:42:50.120]  Get him, Phillips, stick him.
[01:42:50.120 --> 01:42:52.120]  I'm going.
[01:42:52.120 --> 01:42:54.120]  No mercy, take me.
[01:42:54.120 --> 01:42:57.120]  No prisoners.
[01:42:57.120 --> 01:43:05.120]  If we get one or two judges stumped, we don't have to get them taken off the bench.
[01:43:05.120 --> 01:43:08.120]  We don't even have to get them prosecuted.
[01:43:08.120 --> 01:43:14.120]  But, you know, when I filed against the highest judges in Texas
[01:43:14.120 --> 01:43:19.120]  and the prosecuting attorney gave my complaints to the grand jury,
[01:43:19.120 --> 01:43:21.120]  the grand jury no-billed them.
[01:43:21.120 --> 01:43:24.120]  But they had to sit there for three months,
[01:43:24.120 --> 01:43:28.120]  wondering if the grand jury was going to end their career tomorrow
[01:43:28.120 --> 01:43:30.120]  over something really minor.
[01:43:30.120 --> 01:43:32.120]  They don't do that nonsense anymore.
[01:43:32.120 --> 01:43:34.120]  That stuff stopped.
[01:43:34.120 --> 01:43:36.120]  And that was the hopeless.
[01:43:36.120 --> 01:43:38.120]  Hang on, back to go to break.
[01:43:38.120 --> 01:43:40.120]  Randy Felton with La Radio.
[01:43:40.120 --> 01:43:44.120]  I call it number 512-646-1984.
[01:43:44.120 --> 01:44:00.120]  We'll be right back.
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[01:45:01.120 --> 01:45:04.120]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:01.120 --> 01:46:23.120]  MUSIC
[01:46:23.120 --> 01:46:39.120]  MUSIC
[01:46:39.120 --> 01:46:40.120]  Okay, we are back.
[01:46:40.120 --> 01:46:43.120]  Randy Felton, Debra Stevens, Rule of Law Radio,
[01:46:43.120 --> 01:46:44.120]  and we're talking to Philip in Texas.
[01:46:44.120 --> 01:46:48.120]  Philip, have you pretty well handled your issues?
[01:46:48.120 --> 01:46:49.120]  Yes, sir.
[01:46:49.120 --> 01:46:50.120]  I'll let go.
[01:46:50.120 --> 01:46:53.120]  It took too much time away from the other callers, as is.
[01:46:53.120 --> 01:46:57.120]  Okay, and if you have any other questions about foreclosure,
[01:46:57.120 --> 01:47:05.120]  go to freemortgagehelp.net and be impressed.
[01:47:05.120 --> 01:47:08.120]  I'll have to try that out.
[01:47:08.120 --> 01:47:09.120]  Okay, thank you, Philip.
[01:47:09.120 --> 01:47:14.120]  Okay, now we're going to Charlie in North Carolina.
[01:47:14.120 --> 01:47:16.120]  Hello, Charlie.
[01:47:16.120 --> 01:47:17.120]  Hey, Randy.
[01:47:17.120 --> 01:47:18.120]  How are you?
[01:47:18.120 --> 01:47:19.120]  I'm good.
[01:47:19.120 --> 01:47:21.120]  What do you have for us today?
[01:47:21.120 --> 01:47:24.120]  Well, I called in a couple weeks ago and I spoke to Eddie,
[01:47:24.120 --> 01:47:28.120]  and it was a little bit out of his area, so I'm calling back tonight.
[01:47:28.120 --> 01:47:34.120]  It's a fraudulent misrepresentation case.
[01:47:34.120 --> 01:47:37.120]  Two years ago I purchased a home in North Carolina,
[01:47:37.120 --> 01:47:41.120]  moved it from Florida, and the sellers intentionally withheld the fact
[01:47:41.120 --> 01:47:47.120]  that the bottom floor of the home was converted from a garage to a living area,
[01:47:47.120 --> 01:47:50.120]  and in the floor of the home, underneath the carpet,
[01:47:50.120 --> 01:47:57.120]  the carpet bed and even a runner, they used to hide it in an old unventilated oil pit.
[01:47:57.120 --> 01:47:59.120]  Okay, hang on, hang on.
[01:47:59.120 --> 01:48:02.120]  How old is the note?
[01:48:02.120 --> 01:48:05.120]  It's two years old.
[01:48:05.120 --> 01:48:08.120]  Oh, wonderful.
[01:48:08.120 --> 01:48:14.120]  Okay, are you in a full disclosure state?
[01:48:14.120 --> 01:48:17.120]  Full disclosure state, yes.
[01:48:17.120 --> 01:48:20.120]  They have the Disclosure Act.
[01:48:20.120 --> 01:48:24.120]  Okay, are you familiar with rescission?
[01:48:24.120 --> 01:48:26.120]  I am learning from that.
[01:48:26.120 --> 01:48:30.120]  I listen to you all the time, and recently the Truth in Lending Act,
[01:48:30.120 --> 01:48:32.120]  and I read the rescission part.
[01:48:32.120 --> 01:48:35.120]  I just listened to a show where you brought it up the other day,
[01:48:35.120 --> 01:48:37.120]  and then I've been searching online.
[01:48:37.120 --> 01:48:44.120]  What decision was written for your situation?
[01:48:44.120 --> 01:48:48.120]  Now, there was some weird thing with the original loan.
[01:48:48.120 --> 01:48:52.120]  It's a VA loan, and something was wrong with the loan.
[01:48:52.120 --> 01:48:55.120]  I guess the amount, because it was a Tier 2 loan,
[01:48:55.120 --> 01:49:01.120]  and so I had to refinance shortly after closing the loan.
[01:49:01.120 --> 01:49:03.120]  Even though I knew about this issue and everything,
[01:49:03.120 --> 01:49:06.120]  they kind of forced me into it.
[01:49:06.120 --> 01:49:07.120]  Wait a minute.
[01:49:07.120 --> 01:49:12.120]  How did they force you into it?
[01:49:12.120 --> 01:49:18.120]  Whatever was wrong with the loan, was that your doing?
[01:49:18.120 --> 01:49:19.120]  No, it was not.
[01:49:19.120 --> 01:49:24.120]  It was the lenders doing it.
[01:49:24.120 --> 01:49:30.120]  Basically, the amount had to be $144,000, like $1 above that,
[01:49:30.120 --> 01:49:36.120]  and it was $1 less to qualify for the VA Tier 2 loan,
[01:49:36.120 --> 01:49:40.120]  because I had a previous foreclosure and bankruptcy.
[01:49:40.120 --> 01:49:44.120]  Who brought the issue?
[01:49:44.120 --> 01:49:46.120]  Was it the VA?
[01:49:46.120 --> 01:49:51.120]  No, actually the lender brought it.
[01:49:51.120 --> 01:49:54.120]  They actually wound up, which I was wondering,
[01:49:54.120 --> 01:49:57.120]  because this might hurt my recension.
[01:49:57.120 --> 01:50:01.120]  They wound up kind of like settling with me,
[01:50:01.120 --> 01:50:05.120]  and I had to sign a release and settlement agreement.
[01:50:05.120 --> 01:50:10.120]  I don't know if that will affect my ability to rescind or not.
[01:50:10.120 --> 01:50:17.120]  Let's go back and look at this refinance they forced you into.
[01:50:17.120 --> 01:50:18.120]  Okay.
[01:50:18.120 --> 01:50:23.120]  When I say forced, I mean I was really ignorant at the time.
[01:50:23.120 --> 01:50:25.120]  I had moved up from Florida.
[01:50:25.120 --> 01:50:29.120]  I just moved into the house, and it was kind of like,
[01:50:29.120 --> 01:50:31.120]  you need to do this now.
[01:50:31.120 --> 01:50:35.120]  They were weird about it, so I just felt uncomfortable,
[01:50:35.120 --> 01:50:39.120]  and I don't mean anybody physically forced me or anything like that.
[01:50:39.120 --> 01:50:43.120]  Did the refinance cost you more money?
[01:50:43.120 --> 01:50:45.120]  No, it didn't cost a dime.
[01:50:45.120 --> 01:50:51.120]  As a matter of fact, they paid me for my,
[01:50:51.120 --> 01:50:53.120]  and I had to kind of fight for this,
[01:50:53.120 --> 01:50:57.120]  they paid me for my inconvenience $5,500.
[01:50:57.120 --> 01:50:58.120]  Okay.
[01:50:58.120 --> 01:51:04.120]  The only claim you're not going to have is the refinance.
[01:51:04.120 --> 01:51:09.120]  They didn't charge you fees and stuff on the refinance.
[01:51:09.120 --> 01:51:16.120]  However, you still have, did they, at the second,
[01:51:16.120 --> 01:51:18.120]  how long from the first to the second?
[01:51:18.120 --> 01:51:20.120]  How much time was there?
[01:51:20.120 --> 01:51:27.120]  Let's see here, I've got all this paperwork in front of me.
[01:51:27.120 --> 01:51:29.120]  Let me get a date for you.
[01:51:29.120 --> 01:51:41.120]  January 14, 2014 was the second one, and August 2, 2013 was the first one.
[01:51:41.120 --> 01:51:42.120]  That's just a year and a half.
[01:51:42.120 --> 01:51:44.120]  Four months.
[01:51:44.120 --> 01:51:45.120]  Four months.
[01:51:45.120 --> 01:51:46.120]  Okay, no problem.
[01:51:46.120 --> 01:51:47.120]  You're well within.
[01:51:47.120 --> 01:51:57.120]  And these problems of non-disclosure, when did those come to light?
[01:51:57.120 --> 01:51:59.120]  I'm trying to pinpoint the exact time.
[01:51:59.120 --> 01:52:03.120]  It was shortly after the first closing.
[01:52:03.120 --> 01:52:08.120]  My wife took a walk with the lady who was, I guess, co-owner in the house or whatever.
[01:52:08.120 --> 01:52:09.120]  I don't know.
[01:52:09.120 --> 01:52:11.120]  It may have just been her husband that owned it.
[01:52:11.120 --> 01:52:13.120]  He's actually the only person, I guess.
[01:52:13.120 --> 01:52:16.120]  Well, she signed the documents too, so maybe it was her.
[01:52:16.120 --> 01:52:18.120]  But shortly after.
[01:52:18.120 --> 01:52:23.120]  And at this point right now, I'm meeting with an attorney next week,
[01:52:23.120 --> 01:52:26.120]  which is the reason I'm calling you, because I'm not sure.
[01:52:26.120 --> 01:52:30.120]  I'm going to pay this guy $5,000 to retain him.
[01:52:30.120 --> 01:52:36.120]  And since then, I've linked my daughter's having health issues, mold-related,
[01:52:36.120 --> 01:52:38.120]  the oil change pit's full of mold.
[01:52:38.120 --> 01:52:42.120]  I've had inspectors come in and inspectors and testing and stuff done.
[01:52:42.120 --> 01:52:47.120]  And then one interesting thing, because dealing with the sellers,
[01:52:47.120 --> 01:52:50.120]  that's who I'm attempting to, like I'm going to try to go after.
[01:52:50.120 --> 01:52:55.120]  But I may also be able to include the broker,
[01:52:55.120 --> 01:53:00.120]  because during all my investigations, something interesting I found out is this house
[01:53:00.120 --> 01:53:02.120]  has never had a building permit done.
[01:53:02.120 --> 01:53:09.120]  And on the disclosure form, which they fraudulently misrepresented and didn't put in,
[01:53:09.120 --> 01:53:14.120]  but on this disclosure form, they listed that there was a renovation done in 2006.
[01:53:14.120 --> 01:53:20.120]  And the real estate agent, the listing agent, they never pulled the permits,
[01:53:20.120 --> 01:53:22.120]  because there are no permits.
[01:53:22.120 --> 01:53:25.120]  And I talked to the real estate commission today,
[01:53:25.120 --> 01:53:30.120]  and they said that that's an issue as well and kind of maybe make them sort of like
[01:53:30.120 --> 01:53:35.120]  the same lines of thinking as like Fruit of the Poison Tree doctrine,
[01:53:35.120 --> 01:53:38.120]  where they represented a house that piqued my interest.
[01:53:38.120 --> 01:53:43.120]  And so because they misrepresented it and everything else that's happened afterwards.
[01:53:43.120 --> 01:53:48.120]  Okay, you're a prime candidate for rescission.
[01:53:48.120 --> 01:53:55.120]  Now, there's more to rescission than just they give you back everything you gave them
[01:53:55.120 --> 01:53:57.120]  and you give them back everything they gave you.
[01:53:57.120 --> 01:54:00.120]  There's a lot more to it than that.
[01:54:00.120 --> 01:54:05.120]  Because they're not going to want to give you back all their principal and interests
[01:54:05.120 --> 01:54:08.120]  and everything that you paid them.
[01:54:08.120 --> 01:54:13.120]  But when you resent, the deed is done.
[01:54:13.120 --> 01:54:16.120]  The contract is gone.
[01:54:16.120 --> 01:54:18.120]  You can't bring it back.
[01:54:18.120 --> 01:54:19.120]  It's over.
[01:54:19.120 --> 01:54:24.120]  Now, what's left is tender.
[01:54:24.120 --> 01:54:26.120]  You tender, they tender.
[01:54:26.120 --> 01:54:29.120]  Actually, they have to tender first.
[01:54:29.120 --> 01:54:35.120]  Now, while you can't get back the original loan and deed of trust,
[01:54:35.120 --> 01:54:41.120]  what you can do is negotiate another contract.
[01:54:41.120 --> 01:54:48.120]  And in your case, especially if your daughter is getting ill
[01:54:48.120 --> 01:54:56.120]  and it can be attributed to mold, was mold disclosed?
[01:54:56.120 --> 01:55:01.120]  No, no mold was disclosed at all.
[01:55:01.120 --> 01:55:05.120]  I've helped over 600 people file federal lawsuits.
[01:55:05.120 --> 01:55:09.120]  And I can pretty well tell you you're not going to win your case
[01:55:09.120 --> 01:55:12.120]  simply because you have the facts of the law on your side.
[01:55:12.120 --> 01:55:15.120]  It doesn't happen that way.
[01:55:15.120 --> 01:55:21.120]  So most of these people that I helped file suits just burned out.
[01:55:21.120 --> 01:55:25.120]  The banks wore them down and they just threw up their hands and walked away.
[01:55:25.120 --> 01:55:32.120]  So suing and fighting to the end of the day was a bad strategy.
[01:55:32.120 --> 01:55:40.120]  But creating a very large, very well-structured claim
[01:55:40.120 --> 01:55:46.120]  and then shaking that at them in order to write a deal,
[01:55:46.120 --> 01:55:50.120]  that's a whole different animal.
[01:55:50.120 --> 01:55:56.120]  When we're working with this now and we've got a lot of people trying to get short sales
[01:55:56.120 --> 01:56:01.120]  and the real estate agents are complaining that their banks are not coming through on the short sale.
[01:56:01.120 --> 01:56:03.120]  And I've looked at it.
[01:56:03.120 --> 01:56:09.120]  And I've tried to look at it from outside the confrontational perspective.
[01:56:09.120 --> 01:56:16.120]  So stop assuming that everybody in the bank is a no-good, rotten lying scoundrel for a moment.
[01:56:16.120 --> 01:56:19.120]  And let's consider what's going on with the bank.
[01:56:19.120 --> 01:56:21.120]  You've got an asset manager here.
[01:56:21.120 --> 01:56:31.120]  And you go to him and say, I want you to get your company to forego some of their profits.
[01:56:31.120 --> 01:56:35.120]  And he's going to go to the bean counters.
[01:56:35.120 --> 01:56:38.120]  And he's going to say, guys, we need to do something with this property.
[01:56:38.120 --> 01:56:41.120]  I want you to forego some of the profits.
[01:56:41.120 --> 01:56:45.120]  And they're going to say, man, you know, I've got banking regulations here.
[01:56:45.120 --> 01:56:47.120]  This is not my money. This is investors' money.
[01:56:47.120 --> 01:56:50.120]  I can't just give it away.
[01:56:50.120 --> 01:57:00.120]  So you need to give the asset manager or the servicer something he can use to give the bean counters
[01:57:00.120 --> 01:57:06.120]  a calculation they can do to show where if I forego this money,
[01:57:06.120 --> 01:57:10.120]  it'll keep me from having to risk all this other money.
[01:57:10.120 --> 01:57:13.120]  Does this make sense?
[01:57:13.120 --> 01:57:19.120]  Yeah. And I've spoken to them recently because I actually I didn't pay my last mortgage payment
[01:57:19.120 --> 01:57:24.120]  because I was going to wait and because we were thinking about vacating the home due to health reasons.
[01:57:24.120 --> 01:57:30.120]  But I'm wondering as far as negotiating, I'm not sure where to even begin with that.
[01:57:30.120 --> 01:57:34.120]  You know, what would I even because at this point...
[01:57:34.120 --> 01:57:39.120]  Okay. Do you want to be shed? Do you want to get out of the property?
[01:57:39.120 --> 01:57:40.120]  Yes.
[01:57:40.120 --> 01:57:43.120]  You know, if there's been recensions, that's the thing to do.
[01:57:43.120 --> 01:57:50.120]  Resend the note and that deed is done. You're getting through your time limit. It's done.
[01:57:50.120 --> 01:57:57.120]  And if they don't pay you back everything you gave them within 20 days, it's over for them.
[01:57:57.120 --> 01:58:03.120]  Now you can take the property and sell it at retail. You owe them nothing.
[01:58:03.120 --> 01:58:06.120]  Call back tomorrow night. Let's talk about this some more.
[01:58:06.120 --> 01:58:10.120]  We're out of time today. David, stop the call. I'm sorry.
[01:58:10.120 --> 01:58:13.120]  You got in there a little too late. Can you call back tomorrow night?
[01:58:13.120 --> 01:58:16.120]  I'll make sure I get to you tomorrow night.
[01:58:16.120 --> 01:58:18.120]  This is Randy Kelton.
[01:58:18.120 --> 01:58:20.120]  Thanks for taking my call.
[01:58:20.120 --> 01:58:24.120]  Okay. Thank you, Charlie. This is Randy Kelton with Law Radio.
[01:58:24.120 --> 01:58:28.120]  We'll be back tomorrow night on our four-hour info marathon.
[01:58:28.120 --> 01:58:31.120]  So make sure you tune in.
[01:58:31.120 --> 01:58:35.120]  And tomorrow night we have a lot more time to examine things in more detail.
[01:58:35.120 --> 01:58:39.120]  Thank you all for listening and good night.
[01:59:05.120 --> 01:59:07.120]  We'll see you tomorrow.
[01:59:36.120 --> 01:59:45.120]  Call us toll free at 888-551-0102. That's 888-551-0102.
[01:59:45.120 --> 01:59:50.120]  Or visit us online at bfa.org.
[01:59:50.120 --> 02:00:05.120]  You're listening to the Logos Radio Network at logosradionetwork.com.