[00:00.000 --> 00:07.520]  The following use flash is brought to you by the Lone Star Lowdown.
[00:07.520 --> 00:13.920]  Markets for Wednesday, the 15th of March, 2017, are currently trading with gold at $1,212.75
[00:13.920 --> 00:20.880]  an ounce, silver at $17.11 an ounce, Texas crude at $47.72 a barrel, and Bitcoin is sitting
[00:20.880 --> 00:26.160]  at about $1,253 U.S. currency.
[00:26.160 --> 00:32.080]  Today in history, the year 1916, the United States President Woodrow Wilson sent 6,600
[00:32.080 --> 00:36.640]  United States troops over the U.S.-Mexican border to pursue Pancho Villa in what is known
[00:36.640 --> 00:38.680]  as the Mexican Expedition.
[00:38.680 --> 00:42.960]  The expedition was launched in retaliation for Villa's attack on the town of Columbus,
[00:42.960 --> 00:43.960]  New Mexico.
[00:43.960 --> 00:51.840]  The Pancho Villa Expedition was launched today in history.
[00:51.840 --> 00:56.000]  In recent news, the Justice Department Wednesday today publicly charged two Russian spies and
[00:56.000 --> 01:00.960]  two hackers for the 2014 data breach connected to half a billion Yahoo accounts, one of the
[01:00.960 --> 01:03.120]  largest known hacks in American history.
[01:03.120 --> 01:07.600]  The four men are collectively facing 47 criminal charges, including conspiracy, computer fraud,
[01:07.600 --> 01:12.000]  economic espionage, theft of trade secrets, and aggravated identity theft.
[01:12.000 --> 01:16.600]  One of the three Russian Federal Security Service agents, Alexey Alexeyevich Palan,
[01:16.600 --> 01:20.920]  was already among the FBI's most wanted cyber criminals, all three of whom are Russian nationals
[01:20.920 --> 01:22.040]  in residence.
[01:22.040 --> 01:25.840]  His Department of Justice officials did not explain what the FSB agents were necessarily
[01:25.840 --> 01:30.480]  looking for, but did note that, quote, some victim accounts were of predictable interest
[01:30.480 --> 01:35.560]  to the FSB, including personal accounts belonging to Russian journalists, Russian and U.S. government
[01:35.560 --> 01:39.640]  officials, employees of prominent Russian cybersecurity companies, along with Russian
[01:39.640 --> 01:44.760]  investment banking firms, a French transportation company, U.S. financial services and private
[01:44.760 --> 01:50.120]  equity firms, a Swiss bitcoin wallet and banking firm, and a U.S. airline.
[01:50.120 --> 01:54.120]  Yahoo had publicly revealed in September of last year that hackers breach its network
[01:54.120 --> 02:04.720]  in late 2014, stealing personal data associated with more than 500 million users.
[02:04.720 --> 02:08.160]  Republican Senator from Kentucky, Rand Paul, when talking to the media concerning the release
[02:08.160 --> 02:13.280]  by MSNBC of a few pages of President Trump's 2005 tax return, which showed that Trump made
[02:13.280 --> 02:19.280]  $153 million in 2005 and paid $36.5 million in income taxes for the year, which is in
[02:19.280 --> 02:24.240]  severe contrast to the Democratic socialist Senator Bernie Sanders, who in 2014 only paid
[02:24.240 --> 02:29.560]  a tax rate of about 13.5 percent, far below Trump's 2005 rate of 25.
[02:29.560 --> 02:33.360]  Paul said that, quote, since Senator Sanders is such a good socialist, I think he'd want
[02:33.360 --> 02:34.560]  to pay his fair share.
[02:34.560 --> 02:38.200]  I'm expecting news any day that he's going to send a couple of hundred thousand into
[02:38.200 --> 02:42.880]  the IRS so he can pay his fair share.
[02:42.880 --> 02:46.880]  The Lone Star Lowdown is currently looking for sponsors, like product or a service that
[02:46.880 --> 02:47.880]  you'd like to advertise with us.
[02:47.880 --> 02:52.880]  Feel free to give me a call at 210-363-2257.
[02:52.880 --> 03:22.640]  This is Rick Brody with your Lowdown for March 15, 2017.
[03:23.640 --> 03:31.920]  Okay, howdy, howdy.
[03:31.920 --> 03:35.480]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[03:35.480 --> 03:47.000]  On this, the 16th day of March 2016, 17, getting away from me, Thursday, the 16th of March
[03:47.000 --> 03:52.280]  2017, and we have Ted from California.
[03:52.280 --> 03:56.600]  I had a little something I was going to talk about, but I'll wait and give Ted the floor
[03:56.600 --> 03:57.600]  first.
[03:57.600 --> 03:59.600]  Hello, Ted.
[03:59.600 --> 04:01.600]  What do you have for us today?
[04:01.600 --> 04:04.600]  Good evening, Randy.
[04:04.600 --> 04:09.600]  I'm here in court today on a 9-5 motion.
[04:09.600 --> 04:12.600]  Hold on, I'm getting horrible sound.
[04:12.600 --> 04:17.880]  Are you on a speakerphone?
[04:17.880 --> 04:18.880]  I am not.
[04:18.880 --> 04:19.880]  How's that?
[04:19.880 --> 04:20.880]  Oh, that's much better.
[04:20.880 --> 04:26.480]  I knew it was either a speakerphone or you might have had your head in a toilet.
[04:26.480 --> 04:29.480]  It will sometimes give that ringing that way.
[04:29.480 --> 04:38.680]  Okay, so a couple weeks ago, Randy, I spoke with you, and today I went to court, criminal
[04:38.680 --> 04:43.680]  court, on a 9-9-5 motion to dismiss.
[04:43.680 --> 04:48.080]  Hold on, what was the nature of the claim?
[04:48.080 --> 04:51.080]  Was it traffic or otherwise?
[04:51.080 --> 05:01.520]  No, this is just a straight criminal, it's a felony charge of PC-115.
[05:01.520 --> 05:10.880]  And that PC-115 recording a false document, false or forged document, I spoke with you
[05:10.880 --> 05:13.440]  a couple weeks ago.
[05:13.440 --> 05:19.760]  The document that they're charging me with is a quit claim deed.
[05:19.760 --> 05:28.600]  And this is all surrounding my home of 35 years that was wrongfully foreclosed on.
[05:28.600 --> 05:40.080]  And I, as you surmised previously, if you recall, I also sued one of the state court
[05:40.080 --> 05:49.560]  judges in federal court for moving the civil case that started all of this when he did
[05:49.560 --> 05:54.160]  not have jurisdiction because the case had been moved to federal court.
[05:54.160 --> 06:01.640]  I subsequently went to the FBI as soon as I sued that judge and told the FBI, you need
[06:01.640 --> 06:04.160]  to watch this guy.
[06:04.160 --> 06:16.200]  And two months later I get hit with PC-115 and that was on March 13th of 2014, so for
[06:16.200 --> 06:25.720]  more than two years now I've been going through this.
[06:25.720 --> 06:30.360]  What's really going on out here, this is Santa Clara County, some of the richest real estate
[06:30.360 --> 06:35.440]  in the country and there's a lot of people like me who've lived in their homes a long
[06:35.440 --> 06:43.480]  time and the county benefits tremendously by assisting the banks in taking these homes
[06:43.480 --> 06:51.320]  because of the taxes, the transfer taxes, and then going forward the property taxes
[06:51.320 --> 06:52.320]  in my case.
[06:52.320 --> 07:00.480]  So let me, for those who don't know how this works in California, when you buy your house
[07:00.480 --> 07:10.960]  that sets the property tax value and the property taxable value can only increase 2% a year
[07:10.960 --> 07:13.880]  for as long as you own the house.
[07:13.880 --> 07:20.280]  If you sell that house, if it changes hands and someone else buys it, what they get it
[07:20.280 --> 07:23.720]  for resets the taxable value.
[07:23.720 --> 07:28.880]  So that's why he's saying this means a lot of money to the county.
[07:28.880 --> 07:31.000]  So it's definitely in their best interest.
[07:31.000 --> 07:38.720]  The property taxes in California are well above the high point of 2007.
[07:38.720 --> 07:43.920]  After the 2007 crash everybody stopped building for four or five years.
[07:43.920 --> 07:50.560]  People kept moving to California, young people kept coming of age and wanting to buy homes
[07:50.560 --> 07:55.880]  and a lot of people got foreclosed on and took them a few years to get reestablished.
[07:55.880 --> 07:58.000]  Now they want to get back in the market.
[07:58.000 --> 08:05.520]  There's a tremendous demand for homes in California and not enough properties to fill it.
[08:05.520 --> 08:10.960]  So yes, I understand why they want, it is to the county's benefit.
[08:10.960 --> 08:13.800]  Okay, go ahead.
[08:13.800 --> 08:22.320]  That's in my instance, I was paying $3,000 a year property tax and the new person in
[08:22.320 --> 08:25.840]  this property will be paying $12,000 a year.
[08:25.840 --> 08:31.440]  So that's an additional $9,000 a year off of one home.
[08:31.440 --> 08:36.200]  And again, I mentioned the transfer taxes, which there's both a city and county transfer
[08:36.200 --> 08:37.200]  tax.
[08:37.200 --> 08:44.880]  When the bank wrongfully forecloses on a house out here, the county doesn't care and back
[08:44.880 --> 08:48.520]  to the legal matter.
[08:48.520 --> 08:54.480]  What occurred was my house was wrongfully foreclosed on by SunTrust Bank.
[08:54.480 --> 09:03.720]  I had already done a rescission, a notice of rescission and they did not respond to
[09:03.720 --> 09:04.720]  that.
[09:04.720 --> 09:08.160]  They didn't respond to the case, according to the Supreme Court.
[09:08.160 --> 09:14.640]  And they went ahead and foreclosed on the house.
[09:14.640 --> 09:24.800]  I had a lady that was fighting the foreclosure and, but I'm getting off subject and again,
[09:24.800 --> 09:29.160]  it comes down to the house was foreclosed on.
[09:29.160 --> 09:43.000]  Again, this outfit, they apparently did a rescission of sale.
[09:43.000 --> 09:47.520]  And they recorded two documents in the county records.
[09:47.520 --> 09:53.920]  One was a substitution of trustee and second was a rescission of sale.
[09:53.920 --> 09:57.760]  I received notice the property was back in my name.
[09:57.760 --> 10:03.520]  I also received a letter from SunTrust Bank telling me that they were still working on
[10:03.520 --> 10:11.560]  my loan modification about 15, 20 days after the foreclosure sale.
[10:11.560 --> 10:22.560]  So when I recognized that the property was back in my name on or about May 29th, on June
[10:22.560 --> 10:37.920]  13th, this is what I'm charged with, on June 13th of 2014, I guess it was 2014, I am charged
[10:37.920 --> 10:43.200]  with recording a quit claim deed.
[10:43.200 --> 10:49.400]  And this was from my name, because the property was in my name, to my trust.
[10:49.400 --> 10:54.600]  Okay, that's the charge.
[10:54.600 --> 10:59.800]  Have you considered filing criminal charges against the prosecuting attorney with the
[10:59.800 --> 11:02.480]  grand jury?
[11:02.480 --> 11:06.480]  That's what I'm, from our previous conversation, yes.
[11:06.480 --> 11:12.960]  And I need more information, so file it with the civil grand jury, right?
[11:12.960 --> 11:16.120]  Well, you only have one grand jury.
[11:16.120 --> 11:21.000]  But California has the best grand jury in the country.
[11:21.000 --> 11:24.720]  They can investigate into anything.
[11:24.720 --> 11:34.680]  You might look to see if there are other prosecutions of people who are fighting foreclosures.
[11:34.680 --> 11:44.120]  This is a good argument to make to a grand jury, that the county benefits considerably
[11:44.120 --> 11:49.840]  from a foreclosure, because of the nature of the tax structure.
[11:49.840 --> 11:59.320]  And that regardless of the condition of the property, if there is filed in the record
[11:59.320 --> 12:09.960]  a document that is construed to be invalid, there is a procedure for removing that.
[12:09.960 --> 12:18.880]  However, I can only speak specifically to taxes in this case, but as a rule, the laws
[12:18.880 --> 12:21.640]  in this area are very similar.
[12:21.640 --> 12:30.040]  Filing a claim in the public record against real property, I have never heard of anyone
[12:30.040 --> 12:34.120]  being charged with tampering the government document.
[12:34.120 --> 12:44.640]  If that is the case, then you need to look carefully at the documents filed in the record.
[12:44.640 --> 12:47.640]  How old was your mortgage?
[12:47.640 --> 12:52.160]  2005.
[12:52.160 --> 12:55.960]  Who was the original lender?
[12:55.960 --> 12:58.720]  SunTrust Mortgage.
[12:58.720 --> 13:02.240]  Does SunTrust Mortgage still exist?
[13:02.240 --> 13:06.600]  Yes.
[13:06.600 --> 13:15.720]  Did SunTrust Mortgage file an assignment from SunTrust Mortgage to a third party?
[13:15.720 --> 13:21.480]  I believe so, it's a MERS.
[13:21.480 --> 13:29.160]  Okay, let's go back to the assignment.
[13:29.160 --> 13:40.280]  Does the assignment state that MERS filed the assignment as the agent for SunTrust Mortgage?
[13:40.280 --> 13:47.480]  Here's why I'm asking the question this way, is a lot of times you'll look at these assignments
[13:47.480 --> 13:58.440]  and it will state that MERS as the nominee for lender and vendor successors and assigns,
[13:58.440 --> 14:01.800]  but it doesn't name the lender.
[14:01.800 --> 14:10.680]  That other times it'll say as nominee for and it'll name the lender.
[14:10.680 --> 14:17.000]  What you need to do is look at that and then get someone to run a securitization audit
[14:17.000 --> 14:19.240]  on that property.
[14:19.240 --> 14:26.720]  I did that, I've done it twice, I've done two audits, I sent them both to your email.
[14:26.720 --> 14:29.480]  I know you get a lot of emails so you probably missed it.
[14:29.480 --> 14:31.560]  I can resend them again tonight.
[14:31.560 --> 14:34.680]  Okay, no, I don't need it.
[14:34.680 --> 14:37.240]  What you need to do is look at it.
[14:37.240 --> 14:48.200]  Does the audit show that SunTrust Mortgage securitized the mortgage and negotiated the
[14:48.200 --> 14:50.400]  note to a third party?
[14:50.400 --> 14:51.400]  Yes.
[14:51.400 --> 14:53.400]  I.E.A. trust.
[14:53.400 --> 14:54.400]  Yes.
[14:54.400 --> 15:07.240]  Then the filing by MERS was tampered with the government document because MERS transferred
[15:07.240 --> 15:19.000]  interest of SunTrust Mortgage that SunTrust Mortgage did not hold.
[15:19.000 --> 15:27.120]  Well they recorded actually the audits so they recorded five fraudulent documents, mostly
[15:27.120 --> 15:28.960]  substitution of trust fees.
[15:28.960 --> 15:31.760]  Some of them are backdated more than a year.
[15:31.760 --> 15:36.960]  I took all that to the district attorney's office a year before I was charged with this.
[15:36.960 --> 15:39.200]  They refused to prosecute.
[15:39.200 --> 15:45.360]  Okay, you absolutely need to go after the prosecuting attorney.
[15:45.360 --> 15:49.280]  Claiming a quit claim is different than these others.
[15:49.280 --> 15:56.360]  The quit claim does not transfer any interest other than what interest you hold.
[15:56.360 --> 15:58.160]  Correct.
[15:58.160 --> 16:06.040]  So there is no grounds for the claim here?
[16:06.040 --> 16:07.960]  They know that by now.
[16:07.960 --> 16:14.000]  The problem is they took me out of my house with more than 25 people including the SWAT
[16:14.000 --> 16:19.360]  team sheriff's department, San Jose police department, subsequent to that they kept me
[16:19.360 --> 16:23.560]  in jail with no phone call to anybody for three days.
[16:23.560 --> 16:30.080]  They let the guy go in and clean out my house, all of my belongings of 35 years.
[16:30.080 --> 16:38.520]  He took them out of the county in two storage devices, smashed and trashed everything.
[16:38.520 --> 16:44.200]  This is so frustrating.
[16:44.200 --> 16:46.880]  Hang on, I have to go to break.
[16:46.880 --> 16:52.160]  Randy Kelton, the Wheel of Law Radio and I was supposed to talk about the fundraiser.
[16:52.160 --> 16:54.880]  Dress that when we come back.
[16:54.880 --> 16:55.880]  We'll be right back.
[16:55.880 --> 16:56.880]  Dang, Cookie.
[16:56.880 --> 16:57.880]  Cookie?
[16:57.880 --> 16:58.880]  Me love cookies.
[16:58.880 --> 16:59.880]  Oh, hi Cookie Munchers.
[16:59.880 --> 17:00.880]  No, these are yucky cookies.
[17:00.880 --> 17:01.880]  Cookie?
[17:01.880 --> 17:02.880]  Yucky?
[17:02.880 --> 17:03.880]  No.
[17:03.880 --> 17:04.880]  Cookie Munchers.
[17:04.880 --> 17:05.880]  Cookie Munchers.
[17:05.880 --> 17:06.880]  Cookie Munchers.
[17:06.880 --> 17:07.880]  Cookie Munchers.
[17:07.880 --> 17:08.880]  No.
[17:08.880 --> 17:09.880]  No bad cookies.
[17:09.880 --> 17:10.880]  You can't even eat these cookies.
[17:10.880 --> 17:11.880]  These are cyber cookies.
[17:11.880 --> 17:12.880]  No candy?
[17:12.880 --> 17:13.880]  No.
[17:13.880 --> 17:16.880]  They are cyber cookies and they clog up your computer.
[17:16.880 --> 17:18.040]  These have apples.
[17:18.040 --> 17:19.040]  Really?
[17:19.040 --> 17:21.080]  Oh, that's an actual apple.
[17:21.080 --> 17:22.440]  Yummy apple.
[17:22.440 --> 17:26.960]  I'm going to throw away these yucky cookies in the trash.
[17:26.960 --> 17:33.280]  I click control shift delete and then scroll down to cookies and clear them.
[17:33.280 --> 17:34.680]  Bye bye yucky cookies.
[17:34.680 --> 17:40.360]  Now, I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand
[17:40.360 --> 17:46.400]  side, bookmark the link, and I can go to Amazon through this link and order you some yummy
[17:46.400 --> 17:47.400]  new cookies.
[17:47.400 --> 17:48.400]  New cookies?
[17:48.400 --> 17:49.400]  For me?
[17:49.400 --> 17:51.200]  Consider it an early Christmas present.
[17:51.200 --> 17:55.840]  And every time I order on Amazon, I go through this link and I give a little present to
[17:55.840 --> 17:57.400]  this radio network, too.
[17:57.400 --> 17:58.400]  B is for cookie.
[17:58.400 --> 18:00.760]  B is for classified.
[18:00.760 --> 18:05.320]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.320 --> 18:09.520]  Stop debt collectors now with the Michael Mears proven method.
[18:09.520 --> 18:13.840]  Michael Mears has won six cases in federal court against debt collectors, and now you
[18:13.840 --> 18:14.840]  can win, too.
[18:14.840 --> 18:19.680]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.680 --> 18:25.560]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[18:25.560 --> 18:30.080]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[18:30.080 --> 18:34.280]  financial tables on them and make them pay you to go away.
[18:34.280 --> 18:39.400]  The Michael Mears proven method is the solution for how to stop debt collectors.
[18:39.400 --> 18:41.360]  Personal consultation is available as well.
[18:41.360 --> 18:47.080]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[18:47.080 --> 18:50.080]  or email michaelmears at yahoo.com.
[18:50.080 --> 18:59.080]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-f at yahoo.com to learn how to stop debt
[18:59.080 --> 19:00.080]  collectors next.
[19:00.080 --> 19:08.080]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:08.080 --> 19:21.240]  Okay, we are back.
[19:21.240 --> 19:46.240]  Randy Kelce, Rule of Law Radio, and Ted Ha-
[19:46.240 --> 19:54.500]  Why don't I try?
[19:54.500 --> 19:59.960]  Don't talk shit about how the ones we've developed are easy, they come up late to attack
[19:59.960 --> 20:00.960]  politically and get into trouble.
[20:00.960 --> 20:01.960]  We use to do that like a cop, and stop talking shit about how the ones we've developed are
[20:01.960 --> 20:02.960]  easy, they come up late to attack politically and get into trouble.
[20:02.960 --> 20:12.960]  But when we ask the question, they don't have the answer.
[20:13.960 --> 20:22.960]  But when we ask the question, they don't have the answer.
[20:22.960 --> 20:32.960]  They don't care about the constitution, they don't give a damn about me.
[20:33.960 --> 20:41.960]  They don't care about the constitution, they don't give a damn about me.
[20:41.960 --> 21:03.440]  Okay, we are back. Apologize for that. I'm having a little bit of a mic issue today.
[21:03.440 --> 21:11.920]  We didn't want to talk about the fundraiser. We do have our fundraiser going and at least
[21:11.920 --> 21:16.560]  it looks like we're going to have two guns. I'm not sure what the second one is. The first
[21:16.560 --> 21:23.360]  gun we have for every $25 you put in, you donate to the network, you get a chance on
[21:23.360 --> 21:28.880]  the gun drawing. Right now we have an AR-15 and we will have another one here shortly.
[21:28.880 --> 21:40.480]  Also, I have, I have, okay, go ahead Deb. Oh, okay, we have a Taurus pistol. I'm sorry,
[21:40.480 --> 21:45.840]  I spoke to Deb. She can speak to me in my headset. We have a Taurus pistol. I'll get
[21:45.840 --> 21:55.800]  more information during the next break. We have two AR-15 and a Taurus pistol for the
[21:55.800 --> 22:05.000]  gun giveaway. And I have my ebook up and on available. I'm selling it for $100 and that'll
[22:05.000 --> 22:13.320]  give you four chances in the gun giveaway. We also have Eddie's traffic seminar and Mike
[22:13.320 --> 22:26.320]  Meares' credit process for handling credit cards and Dr. Gray's jurisdiction area. If
[22:26.320 --> 22:38.280]  you listen to what we do and you want to take some action to fight for your rights, my suggestion
[22:38.280 --> 22:46.720]  first thing is get jurisdictionary. It is the best primer that you can get on how the
[22:46.720 --> 22:53.040]  practice of law works. This doesn't take a college education. This is how it actually
[22:53.040 --> 23:01.920]  works out here on the streets. And then the ebook, the ebook starts where jurisdictionary
[23:01.920 --> 23:09.880]  leaves off. And in that, we talk about how things actually work in the real world you
[23:09.880 --> 23:18.080]  and I live in. It's not like what they taught you in high school. Anyway, once you've been
[23:18.080 --> 23:26.400]  through these two, jurisdictionary will give you the mechanics and the ebook will give
[23:26.400 --> 23:33.560]  you the politics, how it really works. It will be well worth it and it'll help support
[23:33.560 --> 23:37.800]  this network. We're struggling to keep this thing on the air. We need all the help we
[23:37.800 --> 23:43.840]  can get. And I'm not even going to talk about Randy's beer fund. Okay, Ted.
[23:43.840 --> 23:51.760]  Yes. It's a little bit more background, Randy. The guy that bought the house at foreclosure
[23:51.760 --> 23:59.240]  sale, he's at every foreclosure sale. He's Chinese and he is, I believe, a straw buyer
[23:59.240 --> 24:07.360]  for the banks. He put himself into an LLC. He buys the houses at foreclosure sale and
[24:07.360 --> 24:14.680]  then he quickly turns them. So then the property is twice removed and much harder at that point
[24:14.680 --> 24:22.880]  to litigate. And so I think I've stuck my head in the hornet's nest in that I believe
[24:22.880 --> 24:30.760]  that the straw buyer at the foreclosure sale is also connected to an eviction attorney.
[24:30.760 --> 24:38.080]  And then you have the judges in the unlawful detainer court and I think they're all getting
[24:38.080 --> 24:44.960]  paid. This is a presentation you need to make for
[24:44.960 --> 24:55.080]  a grand jury and you need to go back and do some homework. You need to look through, go
[24:55.080 --> 25:05.040]  to the unlawful detainer court and pull their records and see if you can contact. It's hard
[25:05.040 --> 25:09.860]  to find people once they've been evicted, but see if you can find some people or go
[25:09.860 --> 25:21.800]  back and find those cases that fought the eviction. 95 or some 93% of the people just
[25:21.800 --> 25:30.000]  walk away. The one you want to find is where you have an eviction hearing and then you
[25:30.000 --> 25:35.640]  go check with the district court or the federal court. Do you have PACER?
[25:35.640 --> 25:41.080]  Yes. Okay. Check on to run their names on PACER and
[25:41.080 --> 25:46.480]  run their names with the district court and find the ones who've actually fought their
[25:46.480 --> 25:55.640]  foreclosures. And then see if you can get a number of interested people and put together
[25:55.640 --> 26:03.160]  a good strong presentation to a grand jury. And if you have several different people all
[26:03.160 --> 26:10.160]  pushing for a grand jury probe, this is going to make these officials very, very nervous
[26:10.160 --> 26:16.920]  because that's the one thing they cannot control. No matter how much money the bank
[26:16.920 --> 26:23.680]  puts in the prosecutor's pocket or the judge's pocket, they still can't control that grand
[26:23.680 --> 26:30.320]  jury. That's the good thing about grand jurors. They may think they can control them. I know
[26:30.320 --> 26:37.600]  Scalia said that any prosecutor worth his salt could get a ham sandwich and diet it.
[26:37.600 --> 26:46.200]  What Scalia didn't address was how the prosecutor keeps that ham sandwich from getting indicted.
[26:46.200 --> 26:53.480]  That's a whole other animal. So when private citizen starts going around the prosecutor
[26:53.480 --> 26:59.400]  to the grand jury, that's going to terrify all of them and you may actually get some
[26:59.400 --> 27:08.600]  traction. Okay. I have one other question. I've been
[27:08.600 --> 27:18.920]  up to federal court a couple of times. I've been fighting this every way I can. What do
[27:18.920 --> 27:25.160]  you do about a 12b6 motion to dismiss for failures data caught?
[27:25.160 --> 27:39.600]  Okay. That's a travesty. It makes no difference what you file. A 12b6 invokes the discretion
[27:39.600 --> 27:49.360]  of the court. The way I work to avoid the 12b6 is with a quiet title action. You have
[27:49.360 --> 27:57.960]  a trustee's deed in the record. File a quiet title action against the trustee's deed claiming
[27:57.960 --> 28:08.160]  that the deed is void. A quiet title action is a petition for declaratory judgment. When
[28:08.160 --> 28:14.520]  you file it, they're going to remove it to the federal court. When they do remove it
[28:14.520 --> 28:24.800]  to the federal court, then if, okay, if the bank is not headquartered in California and
[28:24.800 --> 28:31.360]  almost always they won't be or whoever did the foreclosure, they do that on purpose because
[28:31.360 --> 28:37.600]  they got the federal court's paid and they always wanted it in the federal court.
[28:37.600 --> 28:44.480]  Here's their problem. With a quiet title action, that's a petition for declaratory judgment.
[28:44.480 --> 28:53.480]  There are no claims for which recovery can be had. Therefore, a rule 12b6 is not applicable
[28:53.480 --> 29:01.080]  and I am working on that issue right now. I filed a petition for a quiet title action
[29:01.080 --> 29:11.440]  in the state court here in Texas. They immediately removed it to the federal court. I filed a
[29:11.440 --> 29:19.760]  challenge to subject matter jurisdiction under the 2011 Venue and Removal Clarification Act.
[29:19.760 --> 29:25.360]  While a state action can be removed to the federal court, the federal court must sever
[29:25.360 --> 29:32.040]  and remand the state issues back to the state. That changed 200 years of law. The federal
[29:32.040 --> 29:36.920]  court can no longer hear both the federal and state issues. So I filed a challenge to
[29:36.920 --> 29:40.240]  subject matter jurisdiction. When we come back on the other side, I'll explain to you
[29:40.240 --> 29:45.600]  what happened because of that and how I'm going after the federal judge criminally.
[29:45.600 --> 29:52.760]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio. I call it number 512-646-1984.
[29:52.760 --> 29:53.760]  We'll be right back.
[29:53.760 --> 30:05.440]  Are you one of those people who simply hates the taste of broccoli? The reason could be
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[33:19.800 --> 33:48.800]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Ted in California.
[33:48.800 --> 33:57.800]  Okay, where were we, Ted? I had a little pretty busy... Oh, by the way, okay, during the break,
[33:57.800 --> 34:05.800]  I did get the information on the giveaway. We have four items. We have an AR-15. We don't
[34:05.800 --> 34:13.800]  have the type yet because they haven't decided exactly which ones they're going to make available.
[34:13.800 --> 34:27.800]  We've got a Taurus PT-111 pistol from Central Texas Gunworks, two AR-15 lower receivers,
[34:27.800 --> 34:36.800]  and I've got one more and I don't see it in my list here, but I'll have... Okay, the two
[34:36.800 --> 34:46.800]  AR-15 lower receivers are from Defense Distributed. Okay, we've got those three and we've got
[34:46.800 --> 34:54.800]  the products that we sell that go along with what we do. Eddie's traffic seminar. I just
[34:54.800 --> 35:05.800]  had another... Had a traffic hearing postponed because the city's lawyer was whining that
[35:05.800 --> 35:14.800]  he had to prepare an extensive answer to my extensive challenge to subject matter jurisdiction.
[35:14.800 --> 35:20.800]  The last time I was in court with him on that one, and it was for someone else, he threatened
[35:20.800 --> 35:27.800]  me with the illegal practice of law and I crawled down his throat right in front of
[35:27.800 --> 35:35.800]  the court and the next day the judge who was a longtime friend of mine resigned. He was
[35:35.800 --> 35:41.800]  mortified at what this lawyer did and then I went before the city council and told him,
[35:41.800 --> 35:48.800]  you need to fire this lawyer because if you don't fire this lawyer, what I'm going to
[35:48.800 --> 35:56.800]  do to him and his law firm is way worse than you firing him. Well, they didn't fire him,
[35:56.800 --> 36:02.800]  but we did get his attention. He is going to write a good response to the challenge
[36:02.800 --> 36:10.800]  to subject matter jurisdiction. So these tools that are available, just being one ticket,
[36:10.800 --> 36:20.800]  pay for all of them. Anyway, okay, back to Ted in California. So we were talking about
[36:20.800 --> 36:30.800]  the 12b6 motion, but I want to also inform that the guy that bought the house at foreclosure
[36:30.800 --> 36:38.800]  sale, the same lawyer that did the unlawful detainer against me, did a quiet title lawsuit
[36:38.800 --> 36:45.800]  against me because remember, the title had reverted back to my name and he asserted that
[36:45.800 --> 36:54.800]  I clouded their title and so on. And that's one of the reasons why I was trying to stop
[36:54.800 --> 37:01.800]  the eviction being carried out because they filed a quiet title action so the title was
[37:01.800 --> 37:09.800]  an issue. I filed a bankruptcy and it was, I had an automatic bankruptcy state and the
[37:09.800 --> 37:18.800]  lawyer took a default in the state court quiet title action. I fought and fought and fought.
[37:18.800 --> 37:26.800]  I removed it to federal court several times and it got remanded. However, I kept going
[37:26.800 --> 37:33.800]  back to the state court telling them they didn't have jurisdiction and they proceeded
[37:33.800 --> 37:39.800]  anyway. There were a few... Okay, hold on, hold on. You know, I hear these all the time
[37:39.800 --> 37:45.800]  that we complain about the courts doing what the courts weren't supposed to do. If that
[37:45.800 --> 37:55.800]  court truly did not have subject matter jurisdiction, sue the judge personally. Now they're going
[37:55.800 --> 38:03.800]  to throw it out. But if you fight, you give them a good fight in the process, this is
[38:03.800 --> 38:11.800]  really going to hurt the judge. And then you file against the judge with the grand jury.
[38:11.800 --> 38:20.800]  I understand they're corrupt. They are absolutely corrupt. 93% of the people don't fight eviction
[38:20.800 --> 38:26.800]  or don't fight foreclosure. So they can steal these houses with impunity. And then they
[38:26.800 --> 38:36.800]  get one, they get seven in a hundred who actually object. Well, they have stolen so much money.
[38:36.800 --> 38:43.800]  What it costs to fight you is chump change. So you need to take the fight to them where
[38:43.800 --> 38:49.800]  it hurts. You need to start filing criminally against them and then file criminally against
[38:49.800 --> 38:57.800]  those who protect the ones you filed criminally against because those guys aren't making these
[38:57.800 --> 39:07.800]  huge fortunes. Prosecutors, judges, we need to put together a relatively standard suit
[39:07.800 --> 39:13.800]  against the judges. But let me explain what I was doing to this federal judge and you
[39:13.800 --> 39:22.800]  may better understand how to go after them. I filed a quiet title action. The opposing
[39:22.800 --> 39:32.800]  counsel removed the case to the federal court and I filed a challenge to subject matter
[39:32.800 --> 39:40.800]  jurisdiction. I did not file a motion to remand. A motion to remand should always be construed
[39:40.800 --> 39:47.800]  as a challenge to subject matter jurisdiction. I did not want that to be in question. So
[39:47.800 --> 39:55.800]  I filed a challenge to subject matter jurisdiction and I claimed that under the 2011 Venue and
[39:55.800 --> 40:03.800]  Removal Clarification Act, the background, some of the circuits said that if a state
[40:03.800 --> 40:12.800]  court issue or state case with federal issues is removed to the federal court, the federal
[40:12.800 --> 40:19.800]  court can hear both state and the federal issues under the doctrine of judicial economy.
[40:19.800 --> 40:24.800]  Some of the other circuits said, no, we can't hear those state issues. That is an undue
[40:24.800 --> 40:31.800]  preemption of state law. And what the federal courts were doing is they were ruling on the
[40:31.800 --> 40:37.800]  state issue based on state law. And some of these judges were saying, I don't want to
[40:37.800 --> 40:43.800]  learn their state law. That's not my business. So in 2011, the legislature stepped in and
[40:43.800 --> 40:50.800]  they settled this issue. They said that while a state case can be removed to the federal
[40:50.800 --> 41:00.800]  court, the state issues must be severed and remanded. Quiet title, there are no federal
[41:00.800 --> 41:10.800]  issues. Quiet title goes to title in the state, an issue over which the state has exclusive
[41:10.800 --> 41:17.800]  jurisdiction. That's why I filed them. So I filed it. They removed it. I filed a challenge
[41:17.800 --> 41:22.800]  to subject matter jurisdiction. They filed a Rule 12b6 Motion to Dismiss Failure State
[41:22.800 --> 41:32.800]  in which can be had. And in their 12b6, the second part of it, they said the case should
[41:32.800 --> 41:42.800]  be dismissed with prejudice because Wells Fargo is not the lender. Say what? I read
[41:42.800 --> 41:50.800]  that. Did that moron really put that in there? He absolutely did. So what do you do when
[41:50.800 --> 41:57.800]  somebody makes a big mistake? You don't give them an opportunity to fix it. I non-suited
[41:57.800 --> 42:07.800]  immediately. The day I non-suited, Judge McBride, federal judge in Tarrant County,
[42:07.800 --> 42:14.800]  Northern District of Texas, dismissed my case with prejudice for failure to state a claim
[42:14.800 --> 42:21.800]  on which recovery can be had. Quiet title action. I don't think he ever read it. He
[42:21.800 --> 42:26.800]  knew who I was. He had dismissed two or three of mine before. And he probably heard that
[42:26.800 --> 42:32.800]  I was talking smack about him on the radio. So he dismissed it with prejudice immediately.
[42:32.800 --> 42:38.800]  Same day I non-suited. I came back with a criminal complaint against him for official
[42:38.800 --> 42:47.800]  oppression and filed it with the federal district clerk who returned it to me. Someone stole
[42:47.800 --> 42:52.800]  my computer with my computer bag, my notebook, and got that document so I couldn't file
[42:52.800 --> 43:00.800]  against the clerk like I wanted to. So I was stuck with the judge. So I filed a verified
[43:00.800 --> 43:07.800]  criminal affidavit with a special agent in charge of the FBI in Dallas. About two weeks
[43:07.800 --> 43:14.800]  later, I got a call from an intake person who asked me what I wanted to do. I wanted
[43:14.800 --> 43:21.800]  the FBI to do with this complaint. And I instructed them that I wanted them to do exactly what
[43:21.800 --> 43:28.800]  the law commands them to do with this complaint. And I don't think you guys know what that
[43:28.800 --> 43:35.800]  is, and I'm not going to tell you. But I will tell you when we come back. And this
[43:35.800 --> 43:41.800]  is one of the ways we get after them is we set them up. We set them up so we can see
[43:41.800 --> 43:47.800]  guys that aren't a part of what they're doing. They're kind of on the periphery. They're
[43:47.800 --> 43:52.800]  not going to be so hot to help these people out. Hang on, Randy Shelton, Deborah Stevens,
[43:52.800 --> 44:05.800]  and we'll be right back. Hello, my name is Stuart Smith from NaturesPureOrganics.com,
[44:05.800 --> 44:10.800]  and I would like to invite you to come by our store at 1904 Guadalupe Street Sweet D
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[44:36.800 --> 44:44.800]  512-264-4043, NaturesPureOrganics.com. Don't forget to like us on Facebook for information
[44:44.800 --> 45:03.800]  on events and our products, NaturesPureOrganics.com. Are you the plaintiff or defendant in a lawsuit?
[45:03.800 --> 45:10.800]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course
[45:10.800 --> 45:17.800]  that will show you how in 24 hours, step-by-step. If you have a lawyer, know what your lawyer
[45:17.800 --> 45:23.800]  should be doing. If you don't have a lawyer, know what you should do for yourself. Thousands
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[46:19.800 --> 46:25.800]  Okay, we are back. Randy Kelton, Debra Stevens, Rule of Law Radio, and we're talking to Ted
[46:25.800 --> 46:34.800]  in California. Okay, so I filed with a criminal complaint accusing the judge of exerting or
[46:34.800 --> 46:40.800]  purporting to exert an authority he did not express to have and in the process denied
[46:40.800 --> 46:47.800]  me the full and free access to or enjoyment. Right. In that, he dismissed my case for failure
[46:47.800 --> 46:55.800]  to state a claim. Well, there was no claim. It was a quiet title action. There are no
[46:55.800 --> 47:00.800]  claims in a quiet title action. And when it was removed to the federal court, it fell
[47:00.800 --> 47:12.800]  under 28 U.S. Code 2001. That's a relatively recent addition to the code that established
[47:12.800 --> 47:26.800]  a new remedy. And the remedy is that you can come to the court when you do not have a harm
[47:26.800 --> 47:34.800]  or you do not have a claim. Generally, in order to challenge, in order to invoke the
[47:34.800 --> 47:39.800]  subject matter jurisdiction of the court, you have to have been harmed. But under the
[47:39.800 --> 47:45.800]  Declaratory Judgment Act, you can come to the court and ask the court to declare the
[47:45.800 --> 47:52.800]  rights of the parties. So there is no harm claimed. He dismissed it because I didn't
[47:52.800 --> 48:03.800]  claim a harm. So, perfect. And he also dismissed it the same day I nonsuited. So that indicates
[48:03.800 --> 48:13.800]  I don't have a dog in this hunt. I don't care. So I filed against the judge with the
[48:13.800 --> 48:22.800]  U.S. attorney and accused the judge of violating 18 U.S. Code 242, the Ku Klux Klan Act.
[48:22.800 --> 48:25.800]  They asked me what I thought they should do and I told them to do exactly what the law
[48:25.800 --> 48:32.800]  commands them to do and what the law commands them to do or specifically commands the
[48:32.800 --> 48:42.800]  special agent in charge to do because that's the person I sent the complaint to under
[48:42.800 --> 48:54.800]  28 U.S. Code 535. He is required, when he has it made known to him that a federal
[48:54.800 --> 49:01.800]  official, him as a federal official, when he has it made known to him that another
[49:01.800 --> 49:10.800]  federal official has violated a law, he is required by 28 U.S. Code 535 to give
[49:10.800 --> 49:19.800]  notice to the attorney general in D.C. I don't think anybody ever does that. And I
[49:19.800 --> 49:25.800]  hope he doesn't because one of my rules is never ask a public official to do
[49:25.800 --> 49:32.800]  anything you actually want them to do because you never ask a public official to
[49:32.800 --> 49:39.800]  do anything that the law does not specifically command them to do. And in this
[49:39.800 --> 49:46.800]  case, I ask him to take my complaint and act on it in accordance with law, hoping
[49:46.800 --> 49:53.800]  that he wouldn't. And it appears as though he was very accommodating as I waited a
[49:53.800 --> 49:58.800]  couple of weeks and I sent a request to the attorney general for a copy of the
[49:58.800 --> 50:04.800]  notice the attorney general received from this special agent in charge concerning
[50:04.800 --> 50:12.800]  the criminal affidavit I filed against federal Judge McBride. Ted, you see what
[50:12.800 --> 50:20.800]  this does? It gives me a chance to put this in the hands of the attorney general.
[50:20.800 --> 50:25.800]  Now, it's been a couple of weeks and I didn't get a response from the attorney
[50:25.800 --> 50:37.800]  general. The Federal Open Records Act is a criminal statute. Well, all statutes
[50:37.800 --> 50:43.800]  that place a requirement to act on a public official is a criminal statute
[50:43.800 --> 50:49.800]  because a failure to act that has the effect of denying a citizen in the full
[50:49.800 --> 50:54.800]  and free access to or enjoyment of rights violation of 18 U.S. Code 242
[50:54.800 --> 51:02.800]  is Class A misdemeanor. So, now I'll file a criminal complaint against the
[51:02.800 --> 51:12.800]  attorney general with the local U.S. attorney. And the U.S. attorney is going
[51:12.800 --> 51:19.800]  to get that and he's going to trash it. And then I'll file an information request
[51:19.800 --> 51:26.800]  with the attorney general asking for the notice that he received from the U.S.
[51:26.800 --> 51:35.800]  attorney that the attorney general committed a crime. The thing to
[51:35.800 --> 51:42.800]  understand is they're all public servants. You are the master. And what that
[51:42.800 --> 51:54.800]  means is I gave notice to a public official in my capacity as a credible
[51:54.800 --> 52:02.800]  person. Under law, a credible person is defined as a person over the age of
[52:02.800 --> 52:09.800]  18, never been convicted of a felony. I am a credible person as a matter of
[52:09.800 --> 52:17.800]  statute. I gave notice by verified criminal affidavit to one of my servants
[52:17.800 --> 52:26.800]  who had a specific statutory duty to take that notice and act on it. He did
[52:26.800 --> 52:32.800]  not have discretion in this matter. He exercised the discretion he did not
[52:32.800 --> 52:36.800]  have and in the process denied me and my right to petition the court for
[52:36.800 --> 52:42.800]  redress of grievance. So, I file criminal charges against him. So, when I
[52:42.800 --> 52:48.800]  file, I'll file against the U.S. attorney and the special agent in charge and
[52:48.800 --> 52:55.800]  Judge McBride. And the U.S. attorney won't do anything. At least I hope he
[52:55.800 --> 53:03.800]  doesn't. Because my next complaint will be to the grand jury by way of the
[53:03.800 --> 53:09.800]  district attorney's, I mean the U.S. attorney's office. And the U.S. attorney
[53:09.800 --> 53:14.800]  will get that and secret that from the grand jury. That's what they do. Actually,
[53:14.800 --> 53:21.800]  he's going to get it and he's going to open it. And when he opens it, surprise,
[53:21.800 --> 53:30.800]  surprise, surprise, this government document sent through the U.S. mail
[53:30.800 --> 53:36.800]  addressed to the foreman of the grand jury was opened by you who you are not
[53:36.800 --> 53:41.800]  the foreman of the grand jury. And it contains a criminal affidavit against
[53:41.800 --> 53:49.800]  you. Now you've got a problem. And then when I don't, when I send a letter to
[53:49.800 --> 53:55.800]  the attorney general asking for the notice they received of these criminal
[53:55.800 --> 54:04.800]  accusations and don't receive a response, then I petition, then I file a criminal
[54:04.800 --> 54:09.800]  complaint with the attorney general himself. Now, you've been through these
[54:09.800 --> 54:15.800]  court systems, Ted, and you know they don't follow law. That's just the way
[54:15.800 --> 54:21.800]  they do. Nobody's going to do what they're supposed to. And that's okay. We
[54:21.800 --> 54:27.800]  have to find a way to make this work. And here's the deal. This is a special
[54:27.800 --> 54:35.800]  time. We have a new president. When a new president takes office, every U.S.
[54:35.800 --> 54:41.800]  attorney in the country must tender their resignation. And the new president
[54:41.800 --> 54:47.800]  gets to decide whether he's going to take it or not. I just heard a reference
[54:47.800 --> 54:54.800]  on one of the news programs about the concern U.S. attorneys have about Trump
[54:54.800 --> 55:02.800]  throwing them all out of office. So when you file your complaint against the
[55:02.800 --> 55:11.800]  attorney general, because of what the U.S. attorney did, then the attorney
[55:11.800 --> 55:16.800]  general's not going to be happy camper. Now, understand, they're not afraid of
[55:16.800 --> 55:21.800]  you. They kind of feel like they can handle you and control you. What they're
[55:21.800 --> 55:28.800]  afraid of is the political cannon fodder you will give their political
[55:28.800 --> 55:35.800]  opponents. The U.S. attorney is concerned that you're going to give Trump and
[55:35.800 --> 55:43.800]  that Trump's administration a reason to fire him to accept his resignation.
[55:43.800 --> 55:47.800]  Because Trump's going to want to have some political appointees around the
[55:47.800 --> 55:51.800]  country that are on his side. So he's got to have a reason to get rid of some of
[55:51.800 --> 55:57.800]  these U.S. attorneys and appoint his own buddies in there. Now, he may not
[55:57.800 --> 56:03.800]  actually be doing that, but I can assure you every U.S. attorney is afraid he is.
[56:03.800 --> 56:08.800]  Just like every undocumented immigrant is afraid he's going to come to them
[56:08.800 --> 56:12.800]  personally and throw them out of the country, whether he is or not. They're
[56:12.800 --> 56:20.800]  terrified of it. At the end of the day, it's all politics. And you, as the
[56:20.800 --> 56:26.800]  master of the servants, you can climb right up to the top of the heap and
[56:26.800 --> 56:32.800]  stomp all over them. And those guys down at the bottom of the heap, they're the
[56:32.800 --> 56:36.800]  ones that's going to get thrown under the bus. If we're going to beat this,
[56:36.800 --> 56:40.800]  this is how we're going to do it. Does that make sense, Ted?
[56:40.800 --> 56:42.800]  Yes.
[56:42.800 --> 56:51.800]  More important, does it sound like fun? It is. You'll find this when you start
[56:51.800 --> 56:59.800]  going after them, everything changes. It's a whole different animal when you're
[56:59.800 --> 57:04.800]  the one going after them. So I would suggest you go back through everything
[57:04.800 --> 57:12.800]  that's happened and first write out a timeline. And then go back and go back
[57:12.800 --> 57:19.800]  through that timeline and examine it from the perspective of what did these
[57:19.800 --> 57:27.800]  guys fail to do that they were required to do? Or what can you construe that
[57:27.800 --> 57:33.800]  they failed to do that they were required to do? At the end of the day,
[57:33.800 --> 57:38.800]  it doesn't matter if you can prove it or not. Now, a lawyer can't file this kind
[57:38.800 --> 57:42.800]  of stuff unless he's got proof, but you're not a lawyer, you're a pro se.
[57:42.800 --> 57:49.800]  If a lawyer comes in and files a bogus plea, if you come in and file a pleading
[57:49.800 --> 57:53.800]  that's incomplete or not well researched, the judge is going to say,
[57:53.800 --> 57:59.800]  oh, naughty, naughty, you're no good rotten pro se. But if a lawyer does it,
[57:59.800 --> 58:04.800]  they'll stomp all over them. You can do what they can't do. When you start
[58:04.800 --> 58:11.800]  filing criminal charges against them, then you become a protected class.
[58:11.800 --> 58:15.800]  And if you want this federal prosecution of yours to go away,
[58:15.800 --> 58:21.800]  you need to start going after them. Okay, enough on that subject.
[58:21.800 --> 58:26.800]  We're about to go to break and we'll pick this back up on the other side and I'll
[58:26.800 --> 58:31.800]  shut up and let you talk, Ted. This is Randy Kelton, Deborah Stevens,
[58:31.800 --> 58:37.800]  Rule of Law Radio, our caller number 512-646-1984. Scott, I see you there.
[58:37.800 --> 58:42.800]  We'll get to you on the other side. We'll be right back.
[58:49.800 --> 58:54.800]  The Bible remains the most popular book in the world, yet countless readers are
[58:54.800 --> 58:59.800]  frustrated because they struggle to understand it. Some new translations try
[58:59.800 --> 59:04.800]  to help by simplifying the text, but in the process can compromise the profound
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[59:09.800 --> 59:14.800]  translation is extremely faithful and accurate, but the real story is the more
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[59:44.800 --> 59:49.800]  at freestudybible.com. That's freestudybible.com.
[59:49.800 --> 59:54.800]  You're listening to the Logos Radio Network
[59:54.800 --> 59:59.800]  at logosradionetwork.com
[01:00:25.800 --> 01:00:30.800]  Today in history, the year 1916, United States President Woodrow Wilson
[01:00:30.800 --> 01:00:35.800]  sent 6,600 United States troops over the U.S.-Mexican border to pursue Pancho Villa
[01:00:35.800 --> 01:00:40.800]  in what is known as the Mexican Expedition. The expedition was launched in retaliation
[01:00:40.800 --> 01:00:45.800]  for Villa's attack on the town of Columbus, New Mexico. The Pancho Villa Expedition
[01:00:45.800 --> 01:00:50.800]  was launched today in history.
[01:00:50.800 --> 01:00:55.800]  In recent news, the Justice Department Wednesday today publicly charged
[01:00:55.800 --> 01:01:00.800]  two Russian spies and two hackers for the 2014 data breach connected to half a billion
[01:01:00.800 --> 01:01:05.800]  Yahoo accounts, one of the largest known hacks in American history. The four men are collectively
[01:01:05.800 --> 01:01:10.800]  facing 47 criminal charges, including conspiracy, computer fraud, economic espionage,
[01:01:10.800 --> 01:01:15.800]  theft of trade secrets, and aggravated identity theft. One of the three Russian
[01:01:15.800 --> 01:01:20.800]  spies, Richard Palan, was already among the FBI's most wanted cyber criminals, all three of whom
[01:01:20.800 --> 01:01:25.800]  are Russian nationals in residence. U.S. Department of Justice officials did not explain what the FSB
[01:01:25.800 --> 01:01:30.800]  agents were necessarily looking for, but did note that, quote,
[01:01:30.800 --> 01:01:55.800]  Yahoo had publicly revealed in September of last year that hackers breach its network in late 2014,
[01:01:55.800 --> 01:02:03.800]  stealing personal data associated with more than 500 million users.
[01:02:03.800 --> 01:02:08.800]  A Republican senator from Kentucky ran Paul when talking to the media concerning the release by
[01:02:08.800 --> 01:02:13.800]  MSNBC of a few pages of President Trump's 2005 tax return, which showed that Trump made
[01:02:13.800 --> 01:02:18.800]  $153 million in 2005 and paid $36.5 million in income taxes for the year,
[01:02:18.800 --> 01:02:23.800]  which is in severe contrast to the Democratic socialist Senator Bernie Sanders, who in 2014
[01:02:23.800 --> 01:02:28.800]  only paid a tax rate of about 13.5 percent, far below Trump's 2005 rate of 25.
[01:02:28.800 --> 01:02:57.800]  Paul said that, quote,
[01:02:57.800 --> 01:03:24.800]  OK, we are back.
[01:03:24.800 --> 01:03:31.800]  Randy Kelton with La Radio. OK, Ted, that's kind of how I'm going after him.
[01:03:31.800 --> 01:03:39.800]  And depending on how this fakes out with Judge McBride, he's 90 something.
[01:03:39.800 --> 01:03:47.800]  He's right at 90 years old. And he is a good candidate because he's hated by everybody.
[01:03:47.800 --> 01:03:54.800]  This guy is a scoundrel. No lawyers like to go in front of him. They're all afraid of him because
[01:03:54.800 --> 01:03:59.800]  he sanctions him at the drop of a hat. He's just I think he's been in there too long.
[01:03:59.800 --> 01:04:08.800]  So good chance I could get him forced to resign because I will be suing him personally.
[01:04:08.800 --> 01:04:14.800]  And when you do this to a judge, every other judge in the country finds out about it.
[01:04:14.800 --> 01:04:21.800]  So I'm trying to lay some groundwork to make these judges begin to feel vulnerable.
[01:04:21.800 --> 01:04:28.800]  Does that make sense, Ted? Yes. So that's what I suggest.
[01:04:28.800 --> 01:04:35.800]  Back up. It's going to be hard for you to do this. And that's why I suggest you write a timeline.
[01:04:35.800 --> 01:04:42.800]  You had all of this happen to you. So what would probably be best?
[01:04:42.800 --> 01:04:54.800]  Do you have someone else who can write a timeline for you that you can tell them what happened and they write it down?
[01:04:54.800 --> 01:05:02.800]  I can find somebody. There's a few of us out here, Randy. We're all fighting the foreclosures.
[01:05:02.800 --> 01:05:10.800]  I've met up with other people in the courts and I've got one stand-up strong guy that I can count on.
[01:05:10.800 --> 01:05:14.800]  Part of the problem is through all of this I had a severe heart attack.
[01:05:14.800 --> 01:05:21.800]  And I think – and remember, I did sue the prosecutor.
[01:05:21.800 --> 01:05:27.800]  I named them in a lawsuit in federal court and I had them all served at the preliminary hearing.
[01:05:27.800 --> 01:05:35.800]  And they freaked out. Matter of fact, they put on a terrible prelim as a result of it.
[01:05:35.800 --> 01:05:42.800]  They wanted to even arrest the process server.
[01:05:42.800 --> 01:05:52.800]  You know, Santa Clara County, you know, my roots, my family is from the South.
[01:05:52.800 --> 01:05:57.800]  I spent a few years in Houston. My father and I had a big machine shop in Houston, Texas.
[01:05:57.800 --> 01:06:07.800]  And I'm primarily Californian. I was born in Jackson, Mississippi.
[01:06:07.800 --> 01:06:14.800]  I'm the oldest of four. And so nobody ever helped me. I'm the one always helping everybody else.
[01:06:14.800 --> 01:06:20.800]  And I'm down, no money, can't get adjusted because of these accusations.
[01:06:20.800 --> 01:06:25.800]  I was in real estate, invested in real estate, and I lost everything.
[01:06:25.800 --> 01:06:31.800]  I also gave the wrong people a ride and almost ended up dead.
[01:06:31.800 --> 01:06:35.800]  And that's what started all of my financial troubles about eight years ago.
[01:06:35.800 --> 01:06:45.800]  But also I sued this county a long time ago on behalf of a man, George Tander,
[01:06:45.800 --> 01:06:51.800]  who had a Boeing PT-17 Stearman out at Reed Hillview Airport.
[01:06:51.800 --> 01:06:55.800]  Oh, Stearman. Oh, wonderful airplane.
[01:06:55.800 --> 01:07:00.800]  Randy, it was a one and only. It was as if it was in the condition.
[01:07:00.800 --> 01:07:05.800]  Well, it was original from how it left the factory.
[01:07:05.800 --> 01:07:09.800]  It had been sitting in the hangar out here for 30 years.
[01:07:09.800 --> 01:07:12.800]  The man continued to pay the hangar every once in a while.
[01:07:12.800 --> 01:07:14.800]  He'd get one or two months behind.
[01:07:14.800 --> 01:07:18.800]  The airport manager was letting people go in there and pick and poke around.
[01:07:18.800 --> 01:07:25.800]  And eventually they tried so many times to get him to sell the airplane,
[01:07:25.800 --> 01:07:27.800]  and he wouldn't do it.
[01:07:27.800 --> 01:07:33.800]  And he got a couple months behind in the rent, and they took his airplane.
[01:07:33.800 --> 01:07:36.800]  There was nothing that was going to be done.
[01:07:36.800 --> 01:07:40.800]  I sought the man out. I found him.
[01:07:40.800 --> 01:07:42.800]  He was living up in San Francisco.
[01:07:42.800 --> 01:07:46.800]  I'd drive up and pick him up, bring him down to San Jose, and take him back up and drive back.
[01:07:46.800 --> 01:07:48.800]  I'd do that back and forth.
[01:07:48.800 --> 01:07:52.800]  That's about 200 miles a day I was doing every time I did it.
[01:07:52.800 --> 01:07:58.800]  I sued the county, and I got him. This was back.
[01:07:58.800 --> 01:08:06.800]  It's been about 14 years ago that I did this.
[01:08:06.800 --> 01:08:13.800]  And they gave him $50,000 in five years free rent at the airport,
[01:08:13.800 --> 01:08:15.800]  and they got his airplane back.
[01:08:15.800 --> 01:08:21.800]  Unfortunately, they had taken the wings off it and shipped it on a flatbed down to Fresno, California,
[01:08:21.800 --> 01:08:25.800]  and with the original fabric on it, it got tore up.
[01:08:25.800 --> 01:08:34.800]  And so it was never ideal, but that made me county enemy number one.
[01:08:34.800 --> 01:08:36.800]  Okay. They threw me out.
[01:08:36.800 --> 01:08:42.800]  They're after you, so go back after them.
[01:08:42.800 --> 01:08:51.800]  I'm here in Texas, and they really want me because I really hammer them.
[01:08:51.800 --> 01:08:57.800]  But once I started going after them, I go into a courthouse now,
[01:08:57.800 --> 01:09:01.800]  and I don't get bailiffs following me around.
[01:09:01.800 --> 01:09:05.800]  I get bailiffs trying to find another place to be.
[01:09:05.800 --> 01:09:07.800]  They don't want to see me. They don't want to talk to me.
[01:09:07.800 --> 01:09:11.800]  They want to be as far away from me as they can get.
[01:09:11.800 --> 01:09:13.800]  Nobody wants to talk to me.
[01:09:13.800 --> 01:09:22.800]  Randy, the bailiffs tell me, hey, I'm not in this, but don't sue me.
[01:09:22.800 --> 01:09:32.800]  Right. So the U.S. attorney, what he's playing, is this in the federal court or state?
[01:09:32.800 --> 01:09:36.800]  Well, my criminal is just the state court.
[01:09:36.800 --> 01:09:37.800]  Okay.
[01:09:37.800 --> 01:09:39.800]  The client title is in state court.
[01:09:39.800 --> 01:09:46.800]  The state attorney, this is not his money he's using.
[01:09:46.800 --> 01:09:50.800]  He's got the district's pockets to dig into.
[01:09:50.800 --> 01:09:53.800]  You need to turn this back on that attorney.
[01:09:53.800 --> 01:10:00.800]  If you have one person who's in this fight as well, if you'll get him on the phone,
[01:10:00.800 --> 01:10:08.800]  I'll talk to both of you, and each of you write a timeline for the other,
[01:10:08.800 --> 01:10:13.800]  you're not qualified to write a timeline.
[01:10:13.800 --> 01:10:17.800]  Reason being, you've been in this fight too long,
[01:10:17.800 --> 01:10:25.800]  and you focus on what appears from your perspective to be the important issues,
[01:10:25.800 --> 01:10:31.800]  and you tend to jump from one emotional issue to the next, and to the next, and to the next.
[01:10:31.800 --> 01:10:38.800]  You need someone who doesn't have a dog in this hunt, doesn't know what's going on,
[01:10:38.800 --> 01:10:48.800]  and feed out your timeline to him, because he's going to be asking you a lot of questions.
[01:10:48.800 --> 01:10:50.800]  You're going to jump from one thing to another, and he's going to say,
[01:10:50.800 --> 01:10:52.800]  wait a minute, wait a minute, hold on.
[01:10:52.800 --> 01:10:53.800]  I don't know what you're talking about.
[01:10:53.800 --> 01:10:56.800]  You need to fill in these empty places.
[01:10:56.800 --> 01:11:04.800]  In this way, you will get all of the facts that connect together.
[01:11:04.800 --> 01:11:16.800]  Once you have that, now you make up an outline for a novel and turn this into a story.
[01:11:16.800 --> 01:11:21.800]  And once you have the story that you want to tell,
[01:11:21.800 --> 01:11:27.800]  now you go back to your timeline and pull from your timeline facts,
[01:11:27.800 --> 01:11:34.800]  facts that will go to the story you want to tell, and you create a statement of facts.
[01:11:34.800 --> 01:11:42.800]  Now, when you create a statement of facts, you don't have to tell every fact that exists on the planet.
[01:11:42.800 --> 01:11:51.800]  You only have to tell the facts that are pertinent, and that means pertinent to your position.
[01:11:51.800 --> 01:12:01.800]  So you lay out the facts so that an ordinary person of reasonable prudence will read your facts.
[01:12:01.800 --> 01:12:03.800]  Now, let me take one step back.
[01:12:03.800 --> 01:12:13.800]  Before you get to the facts, the very first thing in the document should be a statement of purpose.
[01:12:13.800 --> 01:12:17.800]  You state, this is what I will be showing.
[01:12:17.800 --> 01:12:20.800]  Those scoundrels did this, that, and the other.
[01:12:20.800 --> 01:12:26.800]  And you only create that once you finish the document.
[01:12:26.800 --> 01:12:33.800]  And the way you start the document, you get a pattern jury charge.
[01:12:33.800 --> 01:12:38.800]  And write your document so that you address everything that's in the pattern jury charge.
[01:12:38.800 --> 01:12:43.800]  And you want to do it in the form of a story.
[01:12:43.800 --> 01:12:47.800]  And you want that story to have no missing links in it.
[01:12:47.800 --> 01:12:54.800]  That's why you use this timeline with somebody else, because you know all this information.
[01:12:54.800 --> 01:12:58.800]  And you'll jump from one thing to another, and you know everything in between.
[01:12:58.800 --> 01:13:00.800]  But your reader doesn't.
[01:13:00.800 --> 01:13:04.800]  So you tend to jump over connections they need to make.
[01:13:04.800 --> 01:13:06.800]  That's why you use that third party.
[01:13:06.800 --> 01:13:09.800]  She'll help you get all those connections in place.
[01:13:09.800 --> 01:13:15.800]  So everything needs to be written toward a pattern jury charge.
[01:13:15.800 --> 01:13:20.800]  At the end of the day, the judge is going to say, this is what you must find.
[01:13:20.800 --> 01:13:26.800]  Make sure that your story provides everything they must find.
[01:13:26.800 --> 01:13:29.800]  But that's not quite enough.
[01:13:29.800 --> 01:13:40.800]  You want to build a statement of facts that tracks down your argument and supports your story.
[01:13:40.800 --> 01:13:43.800]  You tell them where you're going.
[01:13:43.800 --> 01:13:47.800]  You tell them, this is the conclusion that I'm going to want you to come to.
[01:13:47.800 --> 01:13:50.800]  And then you start laying out these facts.
[01:13:50.800 --> 01:13:54.800]  Laying out the facts is the most important part of the document.
[01:13:54.800 --> 01:14:01.800]  Because you lay out those facts in a way such that a reasonable person of ordinary prudence,
[01:14:01.800 --> 01:14:07.800]  when they read your facts and they know where you're going with those facts,
[01:14:07.800 --> 01:14:16.800]  they will tend to try to connect these facts together to see if they point toward your intended outcome.
[01:14:16.800 --> 01:14:21.800]  And if they can see how you get from this fact to this fact to this fact,
[01:14:21.800 --> 01:14:25.800]  if they can put the story together from your facts,
[01:14:25.800 --> 01:14:30.800]  they may not agree with everything, but they could see how you got there.
[01:14:30.800 --> 01:14:36.800]  Then they read your argument and support where you address the facts
[01:14:36.800 --> 01:14:41.800]  and then stipulate how the facts lead to your outcome.
[01:14:41.800 --> 01:14:45.800]  You will have walked them through this two or three times.
[01:14:45.800 --> 01:14:52.800]  By the time they get through your argument and support, they are going to fully understand your issue.
[01:14:52.800 --> 01:15:03.800]  The most important thing about getting the ruling in your favor is getting the party to understand your issue.
[01:15:03.800 --> 01:15:07.800]  This is kind of a basic outline of how to produce these things.
[01:15:07.800 --> 01:15:10.800]  If you need a third party to help you,
[01:15:10.800 --> 01:15:22.800]  the thing we all miss is the question we create in the mind of our listener that we don't know we created.
[01:15:22.800 --> 01:15:26.800]  So we're bouncing happily along from one thing to the next,
[01:15:26.800 --> 01:15:33.800]  and we jumped over something and the listener fell in the hole we jumped over.
[01:15:33.800 --> 01:15:41.800]  He's stuck back there trying to make a connection while you're just going on along and you've completely lost him.
[01:15:41.800 --> 01:15:45.800]  This simple technique will eliminate that for you. Does that make sense?
[01:15:45.800 --> 01:15:48.800]  Yes, sir.
[01:15:48.800 --> 01:15:55.800]  But in this one, you want to do it as a grand jury presentment.
[01:15:55.800 --> 01:16:02.800]  At the end of the day, it's going to be extremely hard to get to the grand jury.
[01:16:02.800 --> 01:16:08.800]  But at the end of the day, that's not the most important thing.
[01:16:08.800 --> 01:16:15.800]  Making grand jury noises is often more effective than getting to the grand jury,
[01:16:15.800 --> 01:16:25.800]  because they're going to be terrified that you might get to the grand jury if you have a really compelling story.
[01:16:25.800 --> 01:16:30.800]  Doesn't matter if it's true or not. Doesn't matter if it's well-founded or not.
[01:16:30.800 --> 01:16:38.800]  If you've got a good story, that'll be compelling and that'll terrify everybody.
[01:16:38.800 --> 01:16:42.800]  That's my story. I'm sticking to it.
[01:16:42.800 --> 01:16:46.800]  Do you have anything else you want to address?
[01:16:46.800 --> 01:16:49.800]  Not tonight, Randy. Thank you very much.
[01:16:49.800 --> 01:16:52.800]  Okay. Thank you, Ted. And keep us up to date on what happens.
[01:16:52.800 --> 01:16:59.800]  Randy Kelton, Deborah Stevens, we'll be right back.
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[01:17:59.800 --> 01:18:04.800]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:19:41.800 --> 01:19:44.800]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
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[01:21:31.800 --> 01:21:34.800]  Now we're going to Scott in Texas.
[01:21:34.800 --> 01:21:36.800]  Hello, Scott.
[01:21:36.800 --> 01:21:37.800]  Yes, hello.
[01:21:37.800 --> 01:21:38.800]  Thank you.
[01:21:38.800 --> 01:21:39.800]  Okay.
[01:21:39.800 --> 01:21:41.800]  What do you have for us today?
[01:21:41.800 --> 01:21:43.800]  I want to talk to you about a foreclosure.
[01:21:43.800 --> 01:21:47.800]  And mine is it's a commercial loan for rental property.
[01:21:47.800 --> 01:21:49.800]  And it's a local bank.
[01:21:49.800 --> 01:21:52.800]  So presumably there's no securitization.
[01:21:52.800 --> 01:21:54.800]  Would that not be correct?
[01:21:54.800 --> 01:21:57.800]  My bank is not acting, wouldn't be acting as a servicer.
[01:21:57.800 --> 01:22:01.800]  How old is the loan?
[01:22:01.800 --> 01:22:02.800]  Oh, gosh.
[01:22:02.800 --> 01:22:05.800]  It's probably 10 years old, but it has a balloon.
[01:22:05.800 --> 01:22:09.800]  It was recently, so it's only three years maybe on the last balloon.
[01:22:09.800 --> 01:22:10.800]  But, you know, so.
[01:22:10.800 --> 01:22:11.800]  Okay.
[01:22:11.800 --> 01:22:13.800]  On the last refinance?
[01:22:13.800 --> 01:22:14.800]  Yes.
[01:22:14.800 --> 01:22:15.800]  Yes.
[01:22:15.800 --> 01:22:16.800]  With the same bank.
[01:22:16.800 --> 01:22:17.800]  Okay.
[01:22:17.800 --> 01:22:25.800]  And then if it's just been three years, about 2011, 12,
[01:22:25.800 --> 01:22:29.800]  they started getting their acts together.
[01:22:29.800 --> 01:22:36.800]  2007 when it crashed, these guys were doing everything wrong.
[01:22:36.800 --> 01:22:39.800]  But now they're beginning to,
[01:22:39.800 --> 01:22:42.800]  there's enough of us out there beating them up
[01:22:42.800 --> 01:22:45.800]  that they're beginning to get their act together.
[01:22:45.800 --> 01:22:48.800]  They're probably doing most things right.
[01:22:48.800 --> 01:22:55.800]  But however, securitization is as strong as it's ever been.
[01:22:55.800 --> 01:23:01.800]  It was a good business model.
[01:23:01.800 --> 01:23:07.800]  So even with the big crash, the banks are still securitizing these loans.
[01:23:07.800 --> 01:23:12.800]  Now let me explain why that may be hidden from you.
[01:23:12.800 --> 01:23:16.800]  You went to this lender and got a loan.
[01:23:16.800 --> 01:23:22.800]  And odds are that lender is still the company to whom you're paying your mortgage.
[01:23:22.800 --> 01:23:25.800]  Is that correct?
[01:23:25.800 --> 01:23:27.800]  Say that one more time.
[01:23:27.800 --> 01:23:32.800]  Are you still, are you paying your mortgage to the same company that gave you the loan?
[01:23:32.800 --> 01:23:33.800]  Yes.
[01:23:33.800 --> 01:23:34.800]  Yes.
[01:23:34.800 --> 01:23:42.800]  Okay, see that gives you the impression that they are the holder of the mortgage.
[01:23:42.800 --> 01:23:49.800]  But all that really tells you is that they are the servicer of the mortgage.
[01:23:49.800 --> 01:23:53.800]  When they securitize a mortgage,
[01:23:53.800 --> 01:24:00.800]  the servicing of the mortgage is a product that they sell.
[01:24:00.800 --> 01:24:07.800]  When another servicer takes over the servicing of your mortgage, they buy it.
[01:24:07.800 --> 01:24:11.800]  And if the bank wants to keep the servicing,
[01:24:11.800 --> 01:24:14.800]  because they make pretty good money doing the servicing,
[01:24:14.800 --> 01:24:18.800]  they keep a percentage of everything they collect.
[01:24:18.800 --> 01:24:25.800]  So all you really know is that the original lender is now the servicer.
[01:24:25.800 --> 01:24:29.800]  You don't know if they've securitized the mortgage or not.
[01:24:29.800 --> 01:24:33.800]  And while they've gotten better,
[01:24:33.800 --> 01:24:41.800]  there are still underlying issues that they do not want to have to address.
[01:24:41.800 --> 01:24:46.800]  Do you understand how the securitization works?
[01:24:46.800 --> 01:24:48.800]  Yes.
[01:24:48.800 --> 01:24:58.800]  Okay, so you know that the mortgage will be aggregated into a large pool of mortgages,
[01:24:58.800 --> 01:25:01.800]  maybe 10,000 to 15,000 mortgages.
[01:25:01.800 --> 01:25:06.800]  One stipulation is all the mortgages have to have the same interest rate.
[01:25:06.800 --> 01:25:15.800]  And then they sell tranches or slices, percentages of this mortgage to investors.
[01:25:15.800 --> 01:25:20.800]  Well, they may have three or four of these going at one time.
[01:25:20.800 --> 01:25:25.800]  And their profitability on them changes.
[01:25:25.800 --> 01:25:29.800]  If they have one that's doing really well,
[01:25:29.800 --> 01:25:32.800]  they're looking at having to pay a lot of tax on it.
[01:25:32.800 --> 01:25:36.800]  So if they've got one here that's doing well and one that's not doing quite so well,
[01:25:36.800 --> 01:25:42.800]  they want to stabilize the income stream.
[01:25:42.800 --> 01:25:47.800]  So they'll take a slice off this one and move it over to this other one.
[01:25:47.800 --> 01:25:51.800]  Oh, that's a really nice maneuver, problem.
[01:25:51.800 --> 01:25:59.800]  Under the contract, under Real Estate Settlement Procedures Act and under your contract,
[01:25:59.800 --> 01:26:02.800]  when there is a change in beneficial interest in the mortgage,
[01:26:02.800 --> 01:26:08.800]  they're required to give you notice by certified mail.
[01:26:08.800 --> 01:26:10.800]  Well, that's going to cost them a whole lot of money
[01:26:10.800 --> 01:26:16.800]  when they've got 10,000 or 15,000 mortgages in this pool
[01:26:16.800 --> 01:26:24.800]  and they take a 2% slice off of it and move it to another pool to stabilize the income streams.
[01:26:24.800 --> 01:26:30.800]  Now they're looking at having to do all of these notices, and that is prohibitively expensive.
[01:26:30.800 --> 01:26:34.800]  So they set up this company called MERS.
[01:26:34.800 --> 01:26:41.800]  And MERS pretends to be the agent for the holder.
[01:26:41.800 --> 01:26:48.800]  So the actual holder of the beneficial interest can change behind MERS,
[01:26:48.800 --> 01:26:53.800]  and MERS is always the agent for whoever that holder is.
[01:26:53.800 --> 01:26:57.800]  They did this so MERS could stand in front,
[01:26:57.800 --> 01:27:04.800]  and then they would not file each change of beneficial interest with the county recorder.
[01:27:04.800 --> 01:27:07.800]  Save them a whole lot of money.
[01:27:07.800 --> 01:27:12.800]  Problem, it's illegal.
[01:27:12.800 --> 01:27:18.800]  In order for them to be able to make their claim,
[01:27:18.800 --> 01:27:21.800]  they have to abide by the stipulations of the contract.
[01:27:21.800 --> 01:27:25.800]  And I'm trying to be careful what I'm saying here because here's a commercial mortgage.
[01:27:25.800 --> 01:27:30.800]  And being a commercial mortgage, it doesn't fall under the consumer protection laws.
[01:27:30.800 --> 01:27:36.800]  Co-petit arrest, but none of that applies to your mortgage.
[01:27:36.800 --> 01:27:38.800]  One question first.
[01:27:38.800 --> 01:27:45.800]  When you purchased the property, did you purchase it as commercial property,
[01:27:45.800 --> 01:27:48.800]  or did you buy and live in it?
[01:27:48.800 --> 01:27:52.800]  I take it it's a multiple unit?
[01:27:52.800 --> 01:27:56.800]  No, it was purchased strictly as rental property, never lived in.
[01:27:56.800 --> 01:27:59.800]  Okay, so it's pure commercial.
[01:27:59.800 --> 01:28:05.800]  None of the consumer protection laws apply to this.
[01:28:05.800 --> 01:28:13.800]  So you're strictly on what they're charging and how they're charging.
[01:28:13.800 --> 01:28:21.800]  So what is your issue and where do you want me to go here?
[01:28:21.800 --> 01:28:22.800]  Sure.
[01:28:22.800 --> 01:28:26.800]  Well, first, what are the chances that this is not a secure cash loan,
[01:28:26.800 --> 01:28:30.800]  and is that something that I would need to find out in the discovery process,
[01:28:30.800 --> 01:28:34.800]  obviously, I guess, is how I would find out, right?
[01:28:34.800 --> 01:28:37.800]  The chances are somewhere between little and none.
[01:28:37.800 --> 01:28:46.800]  It's almost certainly securitized, but that does not necessarily give you a claim.
[01:28:46.800 --> 01:28:51.800]  Just because they securitized it, you'd have to read your contract,
[01:28:51.800 --> 01:28:58.800]  and commercial contracts are different than residential mortgages.
[01:28:58.800 --> 01:29:09.800]  You're construed to be a sophisticated borrower, so you don't have the protections you would have in a residential mortgage.
[01:29:09.800 --> 01:29:15.800]  The most lucrative place for fraud is escrow.
[01:29:15.800 --> 01:29:20.800]  You need to look close at escrow.
[01:29:20.800 --> 01:29:25.800]  But with a commercial, I don't have a whole lot to offer.
[01:29:25.800 --> 01:29:32.800]  I mainly do residential, and I've read a number of commercial mortgages, but not a whole lot.
[01:29:32.800 --> 01:29:38.800]  Not enough to get a good feel for what should be in that mortgage document.
[01:29:38.800 --> 01:29:40.800]  Okay.
[01:29:40.800 --> 01:29:41.800]  Hang on.
[01:29:41.800 --> 01:29:42.800]  I'm about to go to break.
[01:29:42.800 --> 01:29:49.800]  This is Randy Telson, Deborah Stevens, Rule of Law Radio, our call-in number 512-646-1984.
[01:29:49.800 --> 01:30:01.800]  I'll be right back.
[01:30:01.800 --> 01:30:05.800]  Passing on knowledge is an age-old tradition, but in our over-regulated society,
[01:30:05.800 --> 01:30:10.800]  authorities are threatening to shut down training classes ranging from acting to yoga.
[01:30:10.800 --> 01:30:15.800]  I'm Dr. Catherine Albrecht, and I'll be back in a moment to tell you how some instructors are fighting back.
[01:30:15.800 --> 01:30:17.800]  Privacy is under attack.
[01:30:17.800 --> 01:30:20.800]  If you stop data about yourself, you'll never get it back again.
[01:30:20.800 --> 01:30:25.800]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:25.800 --> 01:30:30.800]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.800 --> 01:30:33.800]  Privacy, it's worth hanging on to.
[01:30:33.800 --> 01:30:36.800]  This public service announcement is brought to you by StartPage.com,
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[01:30:44.800 --> 01:30:47.800]  Yoga teachers, we think of them as flexible and easygoing,
[01:30:47.800 --> 01:30:51.800]  but they recently took bureaucrats to the mat, and I don't mean the yoga mat.
[01:30:51.800 --> 01:30:56.800]  They marched on the Texas Capitol to oppose the government's interference in their teaching practices,
[01:30:56.800 --> 01:30:57.800]  and who could blame them?
[01:30:57.800 --> 01:31:01.800]  Regulators had raided their yoga studios and threatened them with fines
[01:31:01.800 --> 01:31:06.800]  unless they submitted to a burdensome certification process and paid up to three grand for the privilege.
[01:31:06.800 --> 01:31:10.800]  Their defiance inspired some rule changes, but Texas is not alone.
[01:31:10.800 --> 01:31:13.800]  Even dog training lessons may be subject to regulation where you live.
[01:31:13.800 --> 01:31:16.800]  So join me in opposing unreasonable government control
[01:31:16.800 --> 01:31:20.800]  over the people who share their knowledge and experience with the rest of us.
[01:31:20.800 --> 01:31:30.800]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.800 --> 01:31:35.800]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.800 --> 01:31:37.800]  The government says that fire brought it down.
[01:31:37.800 --> 01:31:42.800]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.800 --> 01:31:45.800]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.800 --> 01:31:48.800]  And thousands of my fellow first responders are dying.
[01:31:48.800 --> 01:31:49.800]  I'm not a conspiracy theorist.
[01:31:49.800 --> 01:31:50.800]  I'm a structural engineer.
[01:31:50.800 --> 01:31:51.800]  I'm a New York City correction officer.
[01:31:51.800 --> 01:31:52.800]  I'm an Air Force pilot.
[01:31:52.800 --> 01:31:54.800]  I'm a father who lost his son.
[01:31:54.800 --> 01:31:57.800]  We're Americans, and we deserve the truth.
[01:31:57.800 --> 01:32:00.800]  Go to RememberBuilding7.org today.
[01:32:00.800 --> 01:32:02.800]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.800 --> 01:32:05.800]  Did your home receive hail or wind damage from the recent storms?
[01:32:05.800 --> 01:32:08.800]  Come on, we all know the government caused it with their Kim trails,
[01:32:08.800 --> 01:32:10.800]  but good luck getting them to pay for it.
[01:32:10.800 --> 01:32:13.800]  Okay, I might be kidding about the Kim trails, but I'm serious about your roof.
[01:32:13.800 --> 01:32:16.800]  That's why you have insurance, and Hill Country Home Improvements
[01:32:16.800 --> 01:32:20.800]  can handle the claim for you with little to no out-of-pocket expense.
[01:32:20.800 --> 01:32:24.800]  And we accept Bitcoin as a multiyear A-plus member of the Better Business Bureau
[01:32:24.800 --> 01:32:26.800]  with zero complaints.
[01:32:26.800 --> 01:32:29.800]  You can trust Hill Country Home Improvements to handle your claim
[01:32:29.800 --> 01:32:31.800]  and your roof right the first time.
[01:32:31.800 --> 01:32:37.800]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:37.800 --> 01:32:40.800]  Mention the crypto show and get $100 off,
[01:32:40.800 --> 01:32:44.800]  and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:44.800 --> 01:32:49.800]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:49.800 --> 01:32:55.800]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:55.800 --> 01:32:58.800]  Discounts are based on full roof replacement.
[01:32:58.800 --> 01:33:00.800]  May not actually be kidding about Kim trails.
[01:33:00.800 --> 01:33:10.800]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:30.800 --> 01:33:53.800]  Okay, we are back.
[01:33:53.800 --> 01:33:57.800]  Graham Kelton, Debbie Stevens, Rule of Law Radio, and we're talking to Scott in Texas.
[01:33:57.800 --> 01:34:03.800]  And Scott, I wish I could be of more help, but the only place that on a mortgage
[01:34:03.800 --> 01:34:11.800]  that recent and being a commercial is you want to get a complete accounting,
[01:34:11.800 --> 01:34:15.800]  run your own accounting, and verify all the escrow,
[01:34:15.800 --> 01:34:21.800]  because that's the one place they haven't been challenged on stealing,
[01:34:21.800 --> 01:34:25.800]  and that's the one place they still think they can get away with it.
[01:34:25.800 --> 01:34:30.800]  Well, now, of course, I paid taxes and insurance, so there's not,
[01:34:30.800 --> 01:34:33.800]  there shouldn't be any escrow, I guess.
[01:34:33.800 --> 01:34:37.800]  So you may not have much to work with.
[01:34:37.800 --> 01:34:41.800]  So I can't help you much unless I have read the contract.
[01:34:41.800 --> 01:34:43.800]  Sure. Well, let me take you in a different direction now.
[01:34:43.800 --> 01:34:53.800]  And so what, now, although the loan was current at the time of the last balloon,
[01:34:53.800 --> 01:34:55.800]  I had ballooned again.
[01:34:55.800 --> 01:35:01.800]  Well, I didn't pay my taxes, and so they started making a balloon every year
[01:35:01.800 --> 01:35:03.800]  to make sure I had paid my taxes.
[01:35:03.800 --> 01:35:07.800]  Well, they skipped one year, and that's interesting.
[01:35:07.800 --> 01:35:10.800]  I'm wondering if that can show that they modified the contract,
[01:35:10.800 --> 01:35:16.800]  because I had a reasonable expectation, I don't know, that they weren't going to continue.
[01:35:16.800 --> 01:35:25.800]  To be honest, it ballooned again, and I had defaulted them on the basis that they were forcing me,
[01:35:25.800 --> 01:35:28.800]  I had, you know, I'm not using the Social Security anymore,
[01:35:28.800 --> 01:35:34.800]  and I told them I didn't, that that was a mistake and fraud,
[01:35:34.800 --> 01:35:39.800]  and that I didn't want to make a claim to it, and that I would renew the loan
[01:35:39.800 --> 01:35:43.800]  if I didn't have to confess Social Security number, and I defaulted them on that.
[01:35:43.800 --> 01:35:47.800]  And that's really what we're, what the foreclosure is about now is just,
[01:35:47.800 --> 01:35:51.800]  is because I won't confess the Social Security number.
[01:35:51.800 --> 01:35:58.800]  And so, anyway, I'm wanting to bring them in and show that they didn't follow the gaps principles.
[01:35:58.800 --> 01:36:23.800]  What kind of chance do you think I have in a situation like that?
[01:36:23.800 --> 01:36:30.800]  Thank you.
[01:36:53.800 --> 01:37:04.800]  If I can't believe my eyes, I've got to believe my heart.
[01:37:04.800 --> 01:37:14.800]  If I can't believe my ears, I've got to believe my heart.
[01:37:14.800 --> 01:37:25.800]  Yeah, if I can't believe the newspapers, I've got to believe my heart.
[01:37:25.800 --> 01:37:33.800]  If I can't believe the radio, I've got to believe my heart.
[01:37:33.800 --> 01:37:39.800]  Okay, I'm back. Sorry, Scott, but I'm having a little bit of a mixer issue.
[01:37:39.800 --> 01:37:43.800]  It's kind of flaky today. We're not sure what's wrong with it.
[01:37:43.800 --> 01:37:47.800]  Okay. I don't know how I can help you.
[01:37:47.800 --> 01:37:55.800]  I'm not, I don't like to try to give someone some advice about something I don't know anything about.
[01:37:55.800 --> 01:37:58.800]  And commercial is really not my area.
[01:37:58.800 --> 01:38:00.800]  Well, did you hear my last question?
[01:38:00.800 --> 01:38:04.800]  No, you were breaking up. Give me that last one again.
[01:38:04.800 --> 01:38:10.800]  Okay. I had defaulted the bank.
[01:38:10.800 --> 01:38:15.800]  Now, this last, the foreclosure is over.
[01:38:15.800 --> 01:38:17.800]  I won't confess the social security number.
[01:38:17.800 --> 01:38:26.800]  I told them I would attenuate the loan if they would allow me to do without a social security number.
[01:38:26.800 --> 01:38:31.800]  Anyway, I defaulted them, and we'll see if that has any effect.
[01:38:31.800 --> 01:38:35.800]  But my real question is, how do you think I'll do if I get them in there
[01:38:35.800 --> 01:38:40.800]  and to prove that they didn't follow the gaps principles?
[01:38:40.800 --> 01:38:48.800]  Well, at the end of the day, and this is one thing I say a lot, the law doesn't matter
[01:38:48.800 --> 01:38:50.800]  because they don't follow it anyway.
[01:38:50.800 --> 01:38:53.800]  At the end of the day, it's all political.
[01:38:53.800 --> 01:39:00.800]  How much money does the bank have to consider you're going to cost them?
[01:39:00.800 --> 01:39:11.800]  And what kind of deal would you be willing to make with the bank to get this back on track?
[01:39:11.800 --> 01:39:13.800]  Yeah.
[01:39:13.800 --> 01:39:19.800]  What is your purpose? What's your intended outcome here?
[01:39:19.800 --> 01:39:26.800]  Well, ideally, I mean, you know, because of the fact that the bank, I've got a default against them,
[01:39:26.800 --> 01:39:31.800]  so I would like, Ian the default also made the claim that they didn't loan me any money anyway.
[01:39:31.800 --> 01:39:35.800]  And so, you know, I want to go in and make that argument that they didn't follow the law,
[01:39:35.800 --> 01:39:37.800]  they didn't loan me any money.
[01:39:37.800 --> 01:39:41.800]  Okay, hold on. You lose that argument.
[01:39:41.800 --> 01:39:42.800]  And here's why.
[01:39:42.800 --> 01:39:46.800]  I know there's a lot of guys out there in the pay hatred community that's talking about the fact
[01:39:46.800 --> 01:39:49.800]  that the bank didn't have any money in the contract.
[01:39:49.800 --> 01:39:57.800]  Well, it's not about money. It's about value.
[01:39:57.800 --> 01:40:02.800]  The contract occurs when something of value changes hands.
[01:40:02.800 --> 01:40:13.800]  You sat down at close, and the bank traded you a warranty deed for a promise to pay.
[01:40:13.800 --> 01:40:19.800]  How the bank got that warranty deed? Not your business.
[01:40:19.800 --> 01:40:26.800]  If somebody gave it to them for free, their business, not your business.
[01:40:26.800 --> 01:40:31.800]  The contract amounts to them giving you something of value.
[01:40:31.800 --> 01:40:34.800]  They give you possession of the property.
[01:40:34.800 --> 01:40:39.800]  You took and enjoyed possession of the property. That created a contract.
[01:40:39.800 --> 01:40:44.800]  And that's why they don't have to sign it, because they provided something of value.
[01:40:44.800 --> 01:40:52.800]  And once you accepted that possession of the property as value, then the contract was created.
[01:40:52.800 --> 01:40:57.800]  Arguing that they didn't have any money in the transaction,
[01:40:57.800 --> 01:41:01.800]  I look at that as one of the rabbit trails the bank is putting out there,
[01:41:01.800 --> 01:41:06.800]  trying to get us to run down so they can blow us out of the water at the end of the day.
[01:41:06.800 --> 01:41:11.800]  Merge is another one. Securitization is another one.
[01:41:11.800 --> 01:41:19.800]  I don't argue securitization. The only time I use securitization is to show, for instance,
[01:41:19.800 --> 01:41:25.800]  when an entity files an assignment.
[01:41:25.800 --> 01:41:32.800]  If the mortgage has been securitized, this entity doesn't hold it anymore.
[01:41:32.800 --> 01:41:38.800]  So they can't assign anything. Only the bona fide holder can sign it.
[01:41:38.800 --> 01:41:43.800]  That's the only thing I care about in securitization, because the rest of that,
[01:41:43.800 --> 01:41:49.800]  that's a contract between the holder of the mortgage and the investor.
[01:41:49.800 --> 01:41:54.800]  I am not a party to that contract.
[01:41:54.800 --> 01:42:01.800]  So while I can complain about these two guys with their contract not doing it right,
[01:42:01.800 --> 01:42:04.800]  I really don't have standing. Does that make sense?
[01:42:04.800 --> 01:42:06.800]  Yes.
[01:42:06.800 --> 01:42:12.800]  The way to really go after them and what appears to be the intention of the bank
[01:42:12.800 --> 01:42:19.800]  is to keep us from looking at the law of the mortgage, and that is the contract.
[01:42:19.800 --> 01:42:26.800]  That's where you can get them. Breach a contract. That's always where I want to go.
[01:42:26.800 --> 01:42:35.800]  In a residential mortgage, a deed of trust in Texas, covenant 16 if it's not an FHA loan,
[01:42:35.800 --> 01:42:40.800]  15 if it is, usually. Sometimes they move around a little.
[01:42:40.800 --> 01:42:46.800]  But is the governing law and severability clause,
[01:42:46.800 --> 01:42:53.800]  and that's the one that requires both parties to abide by all relevant law,
[01:42:53.800 --> 01:43:01.800]  if I can get them to violate any law, then I can go in and claim repudiation of the contract.
[01:43:01.800 --> 01:43:06.800]  But my claims will always be in contract. I do have to move along.
[01:43:06.800 --> 01:43:14.800]  I've got a caller from Alaska. I want to get on, and I've only got one segment left.
[01:43:14.800 --> 01:43:16.800]  Okay, thank you.
[01:43:16.800 --> 01:43:19.800]  I'm sorry, I couldn't be of more help.
[01:43:19.800 --> 01:43:21.800]  Yes, very good.
[01:43:21.800 --> 01:43:25.800]  Okay, thank you, Scott. Okay.
[01:43:25.800 --> 01:43:28.800]  James, we'll pick you up on the other side.
[01:43:28.800 --> 01:43:31.800]  This is Randy Kelton, Deborah Stevens, Root of Law Radio.
[01:43:31.800 --> 01:43:36.800]  And on the break, it's a good time to go to Logos Radio Network and look at our gun giveaways
[01:43:36.800 --> 01:43:45.800]  and the jurisdiction area and e-book and things we have that will help you fight your own issues.
[01:43:45.800 --> 01:43:48.800]  We'll be right back.
[01:43:48.800 --> 01:44:00.800]  Music
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[01:45:00.800 --> 01:45:03.800]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:28.800 --> 01:45:34.800]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
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[01:45:52.800 --> 01:45:56.800]  Please visit ruleoflawradio.com and click on the banner,
[01:45:56.800 --> 01:46:01.800]  or call toll-free, 866-LAW-EZ.
[01:46:01.800 --> 01:46:13.800]  Hello. Oh, man. In jail.
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[01:46:27.800 --> 01:46:31.800]  Some things I realize foolish.
[01:46:31.800 --> 01:46:35.800]  Somebody's gonna police that policeman.
[01:46:35.800 --> 01:46:40.800]  Somebody's gonna police the police.
[01:46:40.800 --> 01:46:42.800]  Okay. We are back.
[01:46:42.800 --> 01:46:44.800]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:46:44.800 --> 01:46:46.800]  We're going to James in Alaska.
[01:46:46.800 --> 01:46:50.800]  Hello, James. Sorry I got to you so late.
[01:46:50.800 --> 01:46:54.800]  But if we don't get everything done today, I do a four-hour show tomorrow.
[01:46:54.800 --> 01:46:57.800]  Okay. What do you have for us, James?
[01:46:57.800 --> 01:46:59.800]  Well, I listen to that one all the time, too.
[01:46:59.800 --> 01:47:01.800]  So how are you doing tonight, Randy?
[01:47:01.800 --> 01:47:03.800]  I'm doing good.
[01:47:03.800 --> 01:47:10.800]  I don't care what my wife says over and over.
[01:47:10.800 --> 01:47:14.800]  Actually, I have a quick question.
[01:47:14.800 --> 01:47:24.800]  Your e-book that you've written for an addenda to Jurisdictionary,
[01:47:24.800 --> 01:47:30.800]  I was wondering, is that applicable to an appeal case in federal court?
[01:47:30.800 --> 01:47:33.800]  It's applicable to everything.
[01:47:33.800 --> 01:47:40.800]  Dr. Graves walks you through the legal structure.
[01:47:40.800 --> 01:47:43.800]  They don't teach this in law school.
[01:47:43.800 --> 01:47:44.800]  He gets out of law school.
[01:47:44.800 --> 01:47:48.800]  He doesn't know how to get a motion put on for hearing.
[01:47:48.800 --> 01:47:49.800]  He doesn't know how to file a motion.
[01:47:49.800 --> 01:47:51.800]  He doesn't know any of this stuff.
[01:47:51.800 --> 01:47:53.800]  And most proceeds don't understand that.
[01:47:53.800 --> 01:47:58.800]  They go file a motion in the court, and they think that's all they have to do.
[01:47:58.800 --> 01:47:59.800]  Oh, no, no, no.
[01:47:59.800 --> 01:48:02.800]  You file a motion with the court.
[01:48:02.800 --> 01:48:07.800]  Then you have to contract your judge's coordinator
[01:48:07.800 --> 01:48:09.800]  and contact the opposing side and say,
[01:48:09.800 --> 01:48:14.800]  OK, guys, you go to the coordinator and you get a couple of dates.
[01:48:14.800 --> 01:48:16.800]  Then you go to the opposing party and say,
[01:48:16.800 --> 01:48:20.800]  because lawyers are busy guys, they've got all kinds of appointments.
[01:48:20.800 --> 01:48:23.800]  The judge says you're going to be here on this day.
[01:48:23.800 --> 01:48:24.800]  They have to be there on that day.
[01:48:24.800 --> 01:48:28.800]  So you go to them with a couple of dates and ask them
[01:48:28.800 --> 01:48:33.800]  which one of these days would be more convenient for you.
[01:48:33.800 --> 01:48:35.800]  And if they don't pick one, then heck with them.
[01:48:35.800 --> 01:48:36.800]  You just do it anyway.
[01:48:36.800 --> 01:48:40.800]  But they want you to ask first, and then you go to the clerk
[01:48:40.800 --> 01:48:45.800]  and ask the coordinator and have the motion put on for hearing.
[01:48:45.800 --> 01:48:49.800]  If you don't do that, it doesn't get heard.
[01:48:49.800 --> 01:48:54.800]  These are the kinds of things that proceeds tend not to know.
[01:48:54.800 --> 01:49:00.800]  How to write a motion, when to write a motion, what kind of motions to write.
[01:49:00.800 --> 01:49:05.800]  And then when you get done with your dictionary, the e-book,
[01:49:05.800 --> 01:49:10.800]  and this weekend I've got slotted to go back through it and do some editing
[01:49:10.800 --> 01:49:16.800]  because there was a lot there and I put it all together so we could get it available.
[01:49:16.800 --> 01:49:23.800]  And I've got some errors in it that I have to do some editing to straighten it out.
[01:49:23.800 --> 01:49:30.800]  But what it does is it talks about how it really works.
[01:49:30.800 --> 01:49:33.800]  It keeps saying you'll never win your case
[01:49:33.800 --> 01:49:37.800]  simply because you have the law and the facts on your side.
[01:49:37.800 --> 01:49:40.800]  To think so is naive.
[01:49:40.800 --> 01:49:42.800]  It is not that way now.
[01:49:42.800 --> 01:49:47.800]  It never has been that way since we've had judges.
[01:49:47.800 --> 01:49:51.800]  You will win your case if you have the politics on your side,
[01:49:51.800 --> 01:49:55.800]  and all politics is local.
[01:49:55.800 --> 01:50:05.800]  Primarily what the e-book is about is how to create political influence on your side.
[01:50:05.800 --> 01:50:07.800]  You go into court.
[01:50:07.800 --> 01:50:09.800]  You've got your lawyer here.
[01:50:09.800 --> 01:50:11.800]  You sit down at the table.
[01:50:11.800 --> 01:50:14.800]  You've got your lawyer to your right.
[01:50:14.800 --> 01:50:18.800]  The opposing counsel to your left and the judge across from you.
[01:50:18.800 --> 01:50:22.800]  You can think of this as a four-sided chessboard.
[01:50:22.800 --> 01:50:26.800]  This is all about influences.
[01:50:26.800 --> 01:50:29.800]  It's about relationships.
[01:50:29.800 --> 01:50:32.800]  You have a relationship with your lawyer.
[01:50:32.800 --> 01:50:35.800]  But your lawyer has a relationship with the opposing counsel
[01:50:35.800 --> 01:50:37.800]  because he's across from him all the time.
[01:50:37.800 --> 01:50:41.800]  And both of them have a relationship with the judge.
[01:50:41.800 --> 01:50:43.800]  Law's not going to make any difference.
[01:50:43.800 --> 01:50:49.800]  The only way you're going to win your case is if you can get into these relationships.
[01:50:49.800 --> 01:50:52.800]  I'll give you an example.
[01:50:52.800 --> 01:50:58.800]  I had a case where the secretary of state, I went to file to get an apostille.
[01:50:58.800 --> 01:50:59.800]  They wouldn't give it to me.
[01:50:59.800 --> 01:51:01.800]  I called 911.
[01:51:01.800 --> 01:51:05.800]  The D.P. of the Department of Public Safety come out and arrested me.
[01:51:05.800 --> 01:51:09.800]  Sergeant smashed my face in the wall, knocked, broke a tooth,
[01:51:09.800 --> 01:51:13.800]  and arrested me to hide what he did.
[01:51:13.800 --> 01:51:17.800]  So they called me into court.
[01:51:17.800 --> 01:51:19.800]  They told me why they just ordered me to be to court.
[01:51:19.800 --> 01:51:20.800]  And I get there and ask them.
[01:51:20.800 --> 01:51:24.800]  The clerk calls me up and I said, I've got this summons here.
[01:51:24.800 --> 01:51:25.800]  What am I doing here?
[01:51:25.800 --> 01:51:29.800]  Oh, well, we need to find out if you have a lawyer.
[01:51:29.800 --> 01:51:30.800]  I'm sorry.
[01:51:30.800 --> 01:51:31.800]  I got that out of sequence.
[01:51:31.800 --> 01:51:34.800]  I jerked the clerk around and then finally talked to the judge.
[01:51:34.800 --> 01:51:35.800]  And I asked the judge, what am I doing here?
[01:51:35.800 --> 01:51:39.800]  And she said, well, we need to find out if you have a lawyer.
[01:51:39.800 --> 01:51:42.800]  I said, well, I read 28.01 Texas Code of Criminal Procedure.
[01:51:42.800 --> 01:51:45.800]  It lists all the things you can order me to come to court for
[01:51:45.800 --> 01:51:49.800]  because if I have a lawyer, it's not one of them.
[01:51:49.800 --> 01:51:52.800]  And she turned out to be the ex-district attorney's daughter,
[01:51:52.800 --> 01:51:54.800]  so I backed off.
[01:51:54.800 --> 01:51:56.800]  She asked me, Mr. Kelton, do you have an attorney?
[01:51:56.800 --> 01:51:57.800]  No, I don't.
[01:51:57.800 --> 01:51:58.800]  Are you going to hire an attorney?
[01:51:58.800 --> 01:51:59.800]  No, I'm not.
[01:51:59.800 --> 01:52:01.800]  Would you like me to appoint counsel?
[01:52:01.800 --> 01:52:03.800]  I don't care what you do.
[01:52:03.800 --> 01:52:05.800]  Well, I'm going to appoint you counsel.
[01:52:05.800 --> 01:52:07.800]  Well, if you appoint me counsel, make sure you appoint somebody
[01:52:07.800 --> 01:52:10.800]  you really don't like.
[01:52:10.800 --> 01:52:11.800]  And she did.
[01:52:11.800 --> 01:52:13.800]  Well, she appointed somebody.
[01:52:13.800 --> 01:52:16.800]  And we sit down in the office, and he starts going through,
[01:52:16.800 --> 01:52:18.800]  this is how it's going to go.
[01:52:18.800 --> 01:52:21.800]  And I let it run on for a while, and I said, no, no, no, no, no.
[01:52:21.800 --> 01:52:22.800]  That's not how it's going to go.
[01:52:22.800 --> 01:52:25.800]  Well, then, Mr. Kelton, how is it going to go?
[01:52:25.800 --> 01:52:27.800]  This is how it's going to go.
[01:52:27.800 --> 01:52:31.800]  You're going to go to the judge and ask the judge to remove you from this case.
[01:52:31.800 --> 01:52:33.800]  And I'm going to go to the judge and tell the judge,
[01:52:33.800 --> 01:52:36.800]  don't you dare remove him from this case.
[01:52:36.800 --> 01:52:40.800]  He's my counsel, and he is under contract.
[01:52:40.800 --> 01:52:43.800]  And the lawyer said, well, Mr. Kelton, I'm not under contract with you.
[01:52:43.800 --> 01:52:45.800]  I'm under contract with the state.
[01:52:45.800 --> 01:52:49.800]  I said, yes, you are, but I'm the intended third-party beneficiary,
[01:52:49.800 --> 01:52:51.800]  and I have standing under the contract.
[01:52:51.800 --> 01:52:53.800]  And the judge is going to remove you from the case.
[01:52:53.800 --> 01:52:54.800]  And he said, yes, you will.
[01:52:54.800 --> 01:52:59.800]  Then I get to sue the judge for interfering with the private contract.
[01:52:59.800 --> 01:53:05.800]  And the look on the lawyer's face was priceless.
[01:53:05.800 --> 01:53:10.800]  He told me, if he told me once, he told me 20 times,
[01:53:10.800 --> 01:53:15.800]  you're going to get me disbored standing in front of the judge.
[01:53:15.800 --> 01:53:20.800]  He's up by the bench talking to the judge with the prosecutor.
[01:53:20.800 --> 01:53:27.800]  He comes back to the bar, and he told me that the prosecutor said she knows who you are,
[01:53:27.800 --> 01:53:29.800]  and if you start filing criminal charges,
[01:53:29.800 --> 01:53:31.800]  she's going to charge you with tampering the government document.
[01:53:31.800 --> 01:53:33.800]  I look over at the prosecutor.
[01:53:33.800 --> 01:53:35.800]  She said that, didn't she?
[01:53:35.800 --> 01:53:36.800]  Yes, she did.
[01:53:36.800 --> 01:53:38.800]  I reached in my case and pulled out 30.
[01:53:38.800 --> 01:53:40.800]  I said, I got 30 of them here.
[01:53:40.800 --> 01:53:44.800]  I need you to get her over here to verify these criminal affidavits
[01:53:44.800 --> 01:53:48.800]  in accordance with her duty under Article 2.06, Code of Criminal Procedure.
[01:53:48.800 --> 01:53:49.800]  And I pointed at her.
[01:53:49.800 --> 01:53:51.800]  Ew, come here.
[01:53:51.800 --> 01:53:55.800]  She backed up against the bitch, kind of scooched up against it.
[01:53:55.800 --> 01:53:58.800]  And I handed them to the process, to my lawyer, and I said,
[01:53:58.800 --> 01:54:00.800]  here, take him, you chicken.
[01:54:00.800 --> 01:54:02.800]  And he holds up both hands with his palms out.
[01:54:02.800 --> 01:54:03.800]  I'm not going to touch him.
[01:54:03.800 --> 01:54:05.800]  I'm not going to touch him.
[01:54:05.800 --> 01:54:08.800]  The judge calls a recess for lunch.
[01:54:08.800 --> 01:54:17.800]  Before I get my burrito, my lawyer calls me and tells me they dismissed the case.
[01:54:17.800 --> 01:54:24.800]  The judge dismissed the case to protect my lawyer from me.
[01:54:24.800 --> 01:54:27.800]  Well, now, this is kind of an interesting thing, though,
[01:54:27.800 --> 01:54:30.800]  because most of your appeals are done paperwise.
[01:54:30.800 --> 01:54:35.800]  I mean, I'm not even going to go before the court.
[01:54:35.800 --> 01:54:38.800]  It would be, and that's what I suggest.
[01:54:38.800 --> 01:54:40.800]  I never want to get to the merits.
[01:54:40.800 --> 01:54:43.800]  I never want to get into the court if I can avoid it.
[01:54:43.800 --> 01:54:46.800]  So how would politics work in that regard?
[01:54:46.800 --> 01:54:51.800]  Oh, we've got so much politics.
[01:54:51.800 --> 01:54:58.800]  Do you know what will happen to a lawyer if you file a bar agreement against him?
[01:54:58.800 --> 01:55:01.800]  Yeah, his insurance goes up.
[01:55:01.800 --> 01:55:04.800]  Oh, yes, it doubles.
[01:55:04.800 --> 01:55:08.800]  You file two, he loses his insurance.
[01:55:08.800 --> 01:55:10.800]  This is politics.
[01:55:10.800 --> 01:55:14.800]  I got a call from one of them guys, and they said, like, $20,000 a week.
[01:55:14.800 --> 01:55:23.800]  Well, is there any way I can get justice without being further harmed?
[01:55:23.800 --> 01:55:27.800]  And the short and long is no.
[01:55:27.800 --> 01:55:32.800]  Unless you get court-appointed counsel
[01:55:32.800 --> 01:55:38.800]  and then get control of your court-appointed counsel,
[01:55:38.800 --> 01:55:40.800]  then we can secure justice.
[01:55:40.800 --> 01:55:47.800]  But if we're going to have justice, we're going to have to go back and take the fight to them.
[01:55:47.800 --> 01:55:54.800]  The courts have said rights belong to the belligerent litigants.
[01:55:54.800 --> 01:55:58.800]  Well, I was wondering if the person was to prevail on an appeal,
[01:55:58.800 --> 01:56:05.800]  would the cost of prosecution be something that the court would give you?
[01:56:05.800 --> 01:56:10.800]  Not if it's criminal.
[01:56:10.800 --> 01:56:15.800]  There's no attorney facing criminal.
[01:56:15.800 --> 01:56:20.800]  However, there's more to this story.
[01:56:20.800 --> 01:56:26.800]  If the prosecutor exerts a proportion to exert an authority he does not express to have,
[01:56:26.800 --> 01:56:31.800]  and in the process denies you the full and free access to or enjoyment of a right,
[01:56:31.800 --> 01:56:38.800]  well, that's a criminal act, and committing crimes is not within scope.
[01:56:38.800 --> 01:56:44.800]  When he acts outside of scope, he acts outside of his immunity.
[01:56:44.800 --> 01:56:47.800]  However, the courts are going to try to give it to him anyway.
[01:56:47.800 --> 01:56:49.800]  But we don't care.
[01:56:49.800 --> 01:56:57.800]  You're not going to come out money-wise in the criminal courts.
[01:56:57.800 --> 01:57:03.800]  Well, that could even be going for the prosecutor, too, if he acts outside of his scope.
[01:57:03.800 --> 01:57:07.800]  Okay, just more for the prosecutor, and I'm working on them.
[01:57:07.800 --> 01:57:13.800]  If a policeman arrests you and takes you directly to jail,
[01:57:13.800 --> 01:57:18.800]  he did that in good faith reliance on competent authority.
[01:57:18.800 --> 01:57:25.800]  And the legislature has said, well, since we have prosecutors in public employ already,
[01:57:25.800 --> 01:57:33.800]  well, we might as well use those prosecutors to give legal advice to the police.
[01:57:33.800 --> 01:57:35.800]  Gotcha.
[01:57:35.800 --> 01:57:37.800]  I tried to file a criminal complaint.
[01:57:37.800 --> 01:57:41.800]  The chief of police said he didn't file it with the magistrate
[01:57:41.800 --> 01:57:44.800]  because the prosecutor advised him not to.
[01:57:44.800 --> 01:57:48.800]  I went straight to the county courthouse, and the prosecutor met me in the hall.
[01:57:48.800 --> 01:57:51.800]  He knew I was coming.
[01:57:51.800 --> 01:57:55.800]  And he said, Mr. Kelton, do you think I am out of my professional mind?
[01:57:55.800 --> 01:57:59.800]  Do you really believe that I would waive my sovereign immunity
[01:57:59.800 --> 01:58:03.800]  by giving legal advice to the police?
[01:58:03.800 --> 01:58:08.800]  I said, well, I didn't think so, but I'm just following the thunder here.
[01:58:08.800 --> 01:58:12.800]  Okay, I am sorry. We are out of time.
[01:58:12.800 --> 01:58:15.800]  James, can you call back tomorrow night?
[01:58:15.800 --> 01:58:21.800]  Well, I was just going to ask if your e-book would be valuable in construction appeals brief.
[01:58:21.800 --> 01:58:24.800]  That would be something I'd like to know.
[01:58:24.800 --> 01:58:27.800]  Oh, there's a whole section on how to write pleadings.
[01:58:27.800 --> 01:58:29.800]  Absolutely.
[01:58:29.800 --> 01:58:34.800]  And if you're listening tomorrow night, I'll talk about that part.
[01:58:34.800 --> 01:58:38.800]  I kind of addressed some of it earlier, but I'll talk about that tomorrow.
[01:58:38.800 --> 01:58:39.800]  We are out of time.
[01:58:39.800 --> 01:58:43.800]  Welcome to Little Love Radio.
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