ROL_2009-04-16_16k.timecode

[00:00.000 --> 00:05.680]  This news brief brought to you by the International News Net.
[00:05.680 --> 00:11.840]  Members of Congress have been briefed to expect a clash with Israel's new Netanyahu-led government
[00:11.840 --> 00:14.840]  over the Palestinian peace process.
[00:14.840 --> 00:19.460]  Israeli Foreign Minister Avigdor Lieberman has declared the peace process had reached
[00:19.460 --> 00:20.800]  a dead end.
[00:20.800 --> 00:26.940]  Somali pirates hijacked a US-flagged Danish-owned container ship Wednesday with 20 American
[00:26.940 --> 00:28.600]  crew on board.
[00:28.600 --> 00:31.400]  It was the fifth hijacking since Sunday.
[00:31.400 --> 00:38.020]  Among the ship's cargo were 400 containers of food, including 232 containers belonging
[00:38.020 --> 00:43.560]  to the UN World Food Program, destined for Somalia and Uganda.
[00:43.560 --> 00:49.080]  Former Cuban President Fidel Castro had talks with US politicians in Havana, the first such
[00:49.080 --> 00:53.240]  meeting since he stepped down in 2006.
[00:53.240 --> 00:57.400]  Three members of the Congressional Black Caucus were on a visit to examine ways to
[00:57.400 --> 01:05.840]  normalize relations between the two countries.
[01:05.840 --> 01:11.040]  The UK Guardian reports Israeli companies are feeling the impact of boycott moves in
[01:11.040 --> 01:15.240]  Europe following Israel's recent attack on Gaza.
[01:15.240 --> 01:22.160]  Last week the Israel Manufacturers Association reported 21% of 90 local exporters had felt
[01:22.160 --> 01:28.920]  a drop in demand due to boycotts, mostly from the UK and Scandinavian countries.
[01:28.920 --> 01:35.120]  Writing in the daily finance paper The Marker, economics journalist Nehemiah Strassler berated
[01:35.120 --> 01:41.600]  then Trade and Industry Minister Eli Yishai for telling the Israeli army to, quote, destroy
[01:41.600 --> 01:46.640]  100 homes in Gaza for every rocket fired into Israel.
[01:46.640 --> 01:51.480]  Strassler said the minister did not understand how much the operation in Gaza was hurting
[01:51.480 --> 01:57.080]  the economy, adding the horrific images on TV and the statements of politicians in Europe
[01:57.080 --> 02:04.560]  and Turkey are changing the behavior of consumers, businessmen and potential investors.
[02:04.560 --> 02:10.680]  Pakistan Foreign Minister Shah Maymoud Qureshi says US drone attacks on Pakistan are working
[02:10.680 --> 02:15.040]  to the advantage of Al Qaeda and Taliban extremists.
[02:15.040 --> 02:20.640]  Qureshi spoke after talks with US Special Envoy Richard Holbrooke and Joint Chiefs Chairman
[02:20.640 --> 02:25.240]  Admiral Mike Mullen saying, we have agreed to disagree.
[02:25.240 --> 02:30.160]  Barack Obama has stated he intends to step up missile strikes on Taliban insurgents in
[02:30.160 --> 02:32.720]  Pakistan's tribal areas.
[02:32.720 --> 02:38.440]  Islamabad has repeatedly condemned such strikes, saying they threaten the country's sovereignty
[02:38.440 --> 02:40.680]  and fuel public anger.
[02:40.680 --> 02:45.960]  Over 500 people, including a large number of civilians, have been killed in drone attacks,
[02:45.960 --> 02:48.600]  which started under the Bush administration.
[02:48.600 --> 02:54.160]  Islamabad says it has paid dearly for its alliance with the US in its war on terror.
[02:54.160 --> 03:18.800]  This April will mark 14 years since the Oklahoma City bombing claimed 169 lives.
[03:18.800 --> 03:27.440]  Did you know that there was more than one bomb involved in this tragedy?
[03:27.440 --> 03:32.560]  Did you know that current Attorney General Eric Holder was directly involved with a coverup
[03:32.560 --> 03:34.440]  following the Oklahoma City bombing?
[03:34.440 --> 03:39.680]  Monday, April 20th, 7 p.m. at Brave New Books, Chris Emory, Andrew Griffin and Haaland Vanden
[03:39.680 --> 03:44.720]  Onof will be discussing the results of their investigation into the Oklahoma City bombing.
[03:44.720 --> 03:48.920]  This event will also be broadcast on the Rule of Law Radio program, hosted by Deborah Stevens
[03:48.920 --> 03:50.360]  and Randy Kelton.
[03:50.360 --> 03:56.280]  For more information, go to bravenewbookstore.com or ruleoflawradio.com.
[03:56.280 --> 04:00.520]  The Oklahoma City bombing, 14 years later, still seeking the truth.
[04:00.520 --> 04:09.720]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[04:09.720 --> 04:16.720]  talk radio at its best.
[04:39.720 --> 05:04.160]  What are you going to do when Randy Kelton and Deborah Stevens come for you?
[05:04.160 --> 05:09.480]  This is the Rule of Law on ruleoflawradio.com.
[05:09.480 --> 05:17.640]  We are here this evening, it is Thursday, April 16th, 8 p.m. Central Time, and we have
[05:17.640 --> 05:19.720]  very special guests tonight.
[05:19.720 --> 05:29.040]  We've got Tony Davis, who is going to be discussing strategies concerning mortgages, how to deal
[05:29.040 --> 05:30.040]  with mortgages.
[05:30.040 --> 05:32.040]  Tony, thanks for joining us tonight.
[05:32.040 --> 05:34.080]  Sure, happy to.
[05:34.080 --> 05:41.960]  Randy, why don't you introduce Tony and lead into the discussion of how people can deal
[05:41.960 --> 05:42.960]  with mortgages.
[05:42.960 --> 05:50.840]  Okay, Tony has been researching this mortgage problem, and he's put together a package on
[05:50.840 --> 05:57.320]  how to deal with mortgages, and he may have become the most knowledgeable person on how
[05:57.320 --> 06:01.760]  to deal with mortgages that we have anywhere around right now.
[06:01.760 --> 06:05.400]  Tony, you want to kind of give us a rundown on what you're doing?
[06:05.400 --> 06:07.600]  Sure, I'd be happy to.
[06:07.600 --> 06:13.240]  Basically, we've put together a package which should be available next week on how to deal
[06:13.240 --> 06:21.040]  with potential foreclosures or large foreclosures or loan modifications before they actually
[06:21.040 --> 06:22.040]  happen.
[06:22.040 --> 06:29.160]  Then there's a second package coming out about after the fact and dealing with loan foreclosures
[06:29.160 --> 06:33.480]  and how you can go back in and recover your house and get your money back and maybe even
[06:33.480 --> 06:35.600]  get some damages.
[06:35.600 --> 06:41.440]  What we have done is we've done an intensive research in the last few months, and we have
[06:41.440 --> 06:47.360]  developed this package about first the loan modification, okay, where you can apply for
[06:47.360 --> 06:53.720]  a loan modification to get your payments set aside for a while, then get your payments
[06:53.720 --> 07:00.160]  reduced and get your interest rate reduced, okay, and then if that works fine, if that
[07:00.160 --> 07:05.760]  doesn't work, then we go to step two, and that is where we go and start asking for documents
[07:05.760 --> 07:06.760]  from the lender.
[07:06.760 --> 07:11.400]  One of those is what's called a RESPA letter, which is about 20 pages long, and you ask
[07:11.400 --> 07:13.400]  for certified copies of all the documents.
[07:13.400 --> 07:18.320]  You ask for a chain of title related to your mortgage, and then you ask for certain proof,
[07:18.320 --> 07:23.840]  okay, that the mortgage actually exists and the note actually exists, and if they can
[07:23.840 --> 07:28.360]  prove that, not only the front portion of the note, but also the back portion where
[07:28.360 --> 07:29.360]  the endorsements are.
[07:29.360 --> 07:39.240]  Endorsements is spelled as I-N-D-O-R-S-E-M-E-N-T, so basically you go to step one, and that
[07:39.240 --> 07:46.280]  is to try to, you know, be a nice guy about it and try to get the lender to make modifications
[07:46.280 --> 07:52.000]  on your mortgage, and if they don't cooperate with you properly, then you go after them,
[07:52.000 --> 07:57.040]  and it's best to go after them before the foreclosure proceedings, but if they can't,
[07:57.040 --> 08:00.600]  you can still go after them after the foreclosure proceedings.
[08:00.600 --> 08:08.280]  The last information we got today from someone that's an economist that said that the projected
[08:08.280 --> 08:17.360]  foreclosures in the United States in the year 2009 according to the Association of Realtors
[08:17.360 --> 08:23.160]  is going to be $5.2 million, okay, therefore there are going to be a lot of people that
[08:23.160 --> 08:27.800]  are in danger of losing their homes, there are ways that you can defend yourself, that's
[08:27.800 --> 08:30.320]  what we're going to talk about tonight.
[08:30.320 --> 08:37.760]  Wonderful, I was listening to a news program today on NPR up here in Dallas, and they said
[08:37.760 --> 08:47.120]  that the major banks and mortgage holders had agreed to a moratorium at Obama's request
[08:47.120 --> 08:54.840]  until he could get some remedies in place to help people overcome this problem, and
[08:54.840 --> 09:03.200]  apparently whatever remedies Obama is trying to get in place are in place, and they give
[09:03.200 --> 09:11.200]  notice today that the moratorium is over, they will start moving ahead with, they estimated
[09:11.200 --> 09:17.400]  approximately some 2 million foreclosures that they've been holding up on.
[09:17.400 --> 09:24.320]  Right, and it's going to expand to 5.2 million for the years over, okay, now let me explain
[09:24.320 --> 09:31.280]  something to you, at least any listener that has a situation related to a mortgage, okay,
[09:31.280 --> 09:36.520]  don't assume that you're the bad guy in this thing, okay, I mean it would, you know I understand
[09:36.520 --> 09:40.640]  that you took out a note and you executed a note and you're supposed to pay the note
[09:40.640 --> 09:45.120]  and if you can't pay the note or you're having problems paying the note, okay, that makes
[09:45.120 --> 09:50.480]  you in a sense a bad guy because you're not following your obligations.
[09:50.480 --> 09:55.560]  The mortgage companies have a much bigger problem, okay, and that's where your remedy
[09:55.560 --> 10:01.280]  is if you do it properly, okay, so you have like a three-step procedure, the first thing
[10:01.280 --> 10:09.120]  is that you try to get a modification of your loan where the mortgage company agrees voluntarily
[10:09.120 --> 10:15.360]  to modify the terms of your loan so that you can proceed, okay, and you can pay what you
[10:15.360 --> 10:21.240]  owe, okay, but under the terms that you can afford, okay, the second part of the process
[10:21.240 --> 10:28.640]  is that if they don't do that, you have remedies, okay, in the court system, okay, first of
[10:28.640 --> 10:34.240]  all you have a remedy under RESPA where you can demand documents proving up their claim
[10:34.240 --> 10:38.760]  and if they can't prove up their claim then they can't do anything about the foreclosure,
[10:38.760 --> 10:44.920]  okay, and then if they don't answer that or if they answer it improperly, you have remedies
[10:44.920 --> 10:50.640]  in court and what we're recommending to people is that since the mortgage process typically
[10:50.640 --> 10:55.840]  goes into the lower court systems in the state, okay, and the lower court systems in the state
[10:55.840 --> 11:01.040]  and in most states, in Texas for sure, okay, they just rubber stamp whatever the attorney
[11:01.040 --> 11:08.920]  for the mortgage company files and they ignore a pro se litigant, okay, then we're recommending
[11:08.920 --> 11:15.200]  that the whole process be removed to federal court as quickly as possible and you make
[11:15.200 --> 11:20.520]  multiple allegations including allegations of violations of the Fair Debt Collection
[11:20.520 --> 11:25.280]  Practices Act, possibly allegations of usury.
[11:25.280 --> 11:31.840]  We have now identified three former IBM engineers that have developed a mortgage program that
[11:31.840 --> 11:38.920]  will show in almost every single situation that the mortgage company overcharges you.
[11:38.920 --> 11:43.680]  We think it's possible if you get into discovery on these things that the mortgage company
[11:43.680 --> 11:49.160]  has been paid several times on your mortgage and the reason that would happen is because
[11:49.160 --> 11:55.160]  that first of all they pool these mortgages and then they assign a trustee to them.
[11:55.160 --> 12:00.640]  The trustee is required to rebuy the mortgages if they go bad, okay, and if you go research
[12:00.640 --> 12:08.400]  the 424B5 filings where these are the private placement memorandums that issue related to
[12:08.400 --> 12:14.440]  the packaging of a pool of mortgages you will find that the notes don't exist, okay, or
[12:14.440 --> 12:20.080]  you cannot find the original notes and even if you find a note you can't find the endorsement
[12:20.080 --> 12:21.880]  on the back of the note.
[12:21.880 --> 12:29.480]  So what we're now advising people is a series of strategies to deal with the mortgage company.
[12:29.480 --> 12:34.120]  You shouldn't be afraid of them because they are the ones that created the problem, not
[12:34.120 --> 12:40.080]  you, and it was their greed that created the problem that caused this crisis.
[12:40.080 --> 12:41.080]  It wasn't your greed.
[12:41.080 --> 12:48.240]  You were just trying to buy a house or another house or some property of some kind and that
[12:48.240 --> 12:52.640]  you shouldn't be afraid of going after the mortgage companies or the banks because they
[12:52.640 --> 12:59.000]  are the ones that made the money off the front on the deals and now they're having to pay
[12:59.000 --> 13:01.000]  the price for their own greed.
[13:01.000 --> 13:04.560]  Anything you have to say, Randy?
[13:04.560 --> 13:05.560]  Okay.
[13:05.560 --> 13:15.320]  You mentioned something earlier that got my attention where you mentioned a chain of title
[13:15.320 --> 13:16.320]  where you're...
[13:16.320 --> 13:17.320]  Correct.
[13:17.320 --> 13:24.760]  It's always interested me how the mortgage companies can get themselves into this kind
[13:24.760 --> 13:34.480]  of mess and it since became clear that one company does the mortgage and then I was talking
[13:34.480 --> 13:45.320]  to a guy who worked in this area and he was using money from Wells Fargo and Wells Fargo
[13:45.320 --> 13:48.700]  would give them the money to do these deals with.
[13:48.700 --> 13:55.560]  This particular guy funded large businesses and they would front them the money to do
[13:55.560 --> 14:03.640]  the deal with but Wells Fargo wanted their money back in six months so he could get the
[14:03.640 --> 14:11.120]  money to do the deal but in order to get Wells Fargo paid back, he had to take the deal and
[14:11.120 --> 14:14.640]  sell it to someone else once the deal was done.
[14:14.640 --> 14:21.040]  He'd get his money, take a little piece off the top and give the rest back to Wells Fargo
[14:21.040 --> 14:28.120]  and Wells Fargo would give him more so he keeps doing these deals and sells them off
[14:28.120 --> 14:34.960]  to someone else and he was saying the Chinese were buying all of them and that made it make
[14:34.960 --> 14:39.560]  sense as to how these banks get in this trouble.
[14:39.560 --> 14:47.160]  They do the deal and then they take the deal they've done and sell it to someone else,
[14:47.160 --> 14:51.440]  take a little piece off the top and go do the next deal.
[14:51.440 --> 14:57.320]  Now all of a sudden the deals are coming apart but all the paperwork is gone, all the deals
[14:57.320 --> 15:03.920]  have been sold all over the place and the one who would need to foreclose has no authority
[15:03.920 --> 15:09.760]  to come into the court because they have no original contract, they sold it to someone
[15:09.760 --> 15:10.760]  else.
[15:10.760 --> 15:15.560]  They had something else sold it to someone else and someone else and that's what interested
[15:15.560 --> 15:22.480]  me about chain of title, how do you, how would they have to establish chain of title?
[15:22.480 --> 15:27.680]  Well they have to show everybody the text of the mortgage and they have to show whoever,
[15:27.680 --> 15:34.520]  let's say somebody comes in and tries to foreclose against you, against ABC Company, you don't
[15:34.520 --> 15:40.600]  even know who ABC Company is, you never signed a note or a mortgage document with ABC Company
[15:40.600 --> 15:45.640]  okay, but now all of a sudden ABC Company shows up, well the first question you have
[15:45.640 --> 15:52.240]  to ask is this, are they a servicer or are they the owner of the note?
[15:52.240 --> 15:58.680]  If they're a servicer, what authority do they have to come in and collect on the note?
[15:58.680 --> 16:03.760]  All they're going to servicing the note okay, so you need to kick them out is the fact that
[16:03.760 --> 16:04.760]  they're a servicer.
[16:04.760 --> 16:09.480]  If they're the holder of the note then tell them to prove it up.
[16:09.480 --> 16:18.880]  How do you know, how can you establish for certain that they are the proper servicer?
[16:18.880 --> 16:27.680]  Couldn't I just come in and just say I have authority to service this note, come in, move
[16:27.680 --> 16:34.880]  through the courts, collect it, disappear, six months down the road somebody else comes
[16:34.880 --> 16:36.600]  along and says I'm the servicer.
[16:36.600 --> 16:38.880]  Okay listen, listen we're going to break.
[16:38.880 --> 16:42.440]  Okay, alright we'll answer that question when we get back.
[16:42.440 --> 16:44.640]  We'll answer that question when we get back, we'll be right back.
[16:44.640 --> 17:00.000]  This is a rule of law, Randy Kelton and Deborah Stevens.
[17:00.000 --> 17:05.920]  Are you looking for an investment that has no stock market risk, has a 100% track record
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[17:22.480 --> 17:28.400]  Our annual rate of return has been 15.83% for the last 17 years.
[17:28.400 --> 17:32.160]  Our investments are insurance and banking commission regulated.
[17:32.160 --> 17:36.040]  Our returns are assured by the largest insurance companies.
[17:36.040 --> 17:42.080]  Even qualified retirement plans such as 401Ks and IRAs are eligible for transfer.
[17:42.080 --> 17:47.520]  We charge absolutely no commissions, 100% of your investment goes to work for you.
[17:47.520 --> 17:59.920]  Please visit sleepwellinvestment.com or call Bill Schober at 817-975-2431, that's sleepwellinvestment.com
[17:59.920 --> 18:13.280]  or call 817-975-2431.
[18:13.280 --> 18:36.520]  Thank you.
[18:43.280 --> 19:09.520]  okay we are back the rule of law we're here with Tony Davis and Randy you are
[19:09.520 --> 19:18.320]  asking Tony about chain of title yes go ahead Tony okay well basically it's
[19:18.320 --> 19:22.160]  kind of like a chain of custody in a criminal case okay whenever someone
[19:22.160 --> 19:28.120]  touches the document the original loan document okay and they let's say they
[19:28.120 --> 19:36.520]  sign everything sometimes they don't but let's say they do then the document is
[19:36.520 --> 19:44.000]  required to be kept in essence in safekeeping or a safe place and someone
[19:44.000 --> 19:47.600]  with responsibility is supposed to oversee that document because that's an
[19:47.600 --> 19:53.200]  original and if anybody ever comes in and ask for the original or ask to
[19:53.200 --> 19:58.160]  verify that that document exists and it could be not just the party that signed
[19:58.160 --> 20:00.960]  the loan agreement it could be the federal government because federal
[20:00.960 --> 20:07.680]  government loans money against most of these home financings either through
[20:07.680 --> 20:14.680]  Sally Mae, Fannie Mae, Freddie Mac whatever okay and they the documents have the
[20:14.680 --> 20:19.280]  right to be audited so they need to have some kind of chain of custody where
[20:19.280 --> 20:23.120]  there is some document that there's a chain of custody document and when one
[20:23.120 --> 20:27.280]  person holds the document he signs it you know the date that he gets it and
[20:27.280 --> 20:31.160]  then if he transfers somebody else he signs it he's transferred it and that
[20:31.160 --> 20:35.920]  other person signs it and that goes on as long as there's an original document
[20:35.920 --> 20:43.120]  somewhere okay the fact of the matter is that the investment bankers and the
[20:43.120 --> 20:48.840]  banks have been very sloppy about their document process so one of the things
[20:48.840 --> 20:55.280]  you do okay to prove up your claim or to establish a claim is you actually ask
[20:55.280 --> 21:01.440]  for chain of custody documents showing who had it when they had it okay and
[21:01.440 --> 21:05.680]  what the result was and then who was transferred to and then you request the
[21:05.680 --> 21:10.800]  endorsements on the back of the note where the person that actually had the
[21:10.800 --> 21:15.520]  document signed an endorsement over to the other party that was transferred the
[21:15.520 --> 21:20.320]  note okay and then if that note was transferred again and sometimes they're
[21:20.320 --> 21:26.000]  transferred as well as many as 20 times a mortgage okay if that note was
[21:26.000 --> 21:30.760]  transferred again there should be a second endorsement just like Lloyds of
[21:30.760 --> 21:34.960]  London policy if you've ever dealt with Lloyds of London most people haven't but
[21:34.960 --> 21:40.040]  okay if you're an insurance company and you want to get Lloyds to underwrite
[21:40.040 --> 21:46.040]  your insurance policy or your claim you go there's something like a
[21:46.040 --> 21:50.760]  bizarre in London and you go to that and then you go around to the different
[21:50.760 --> 21:56.880]  parts of Lloyds okay and you say look here's the deal I have here's what I
[21:56.880 --> 22:01.440]  like you do I like you to buy a piece of it and they have a stamp and they have a
[22:01.440 --> 22:05.760]  signature and so what they do is they say I'll take 3% and they'll stamp their
[22:05.760 --> 22:10.640]  seal on it to prove that they've done it okay they'll sign it and then you go to
[22:10.640 --> 22:14.360]  somebody else and they'll say I'll take 7% you keep going around the bizarre
[22:14.360 --> 22:19.200]  until you fill the whole thing okay well the mortgage industry is somewhat
[22:19.200 --> 22:26.240]  similar in that okay there's a group of people in the front that will create the
[22:26.240 --> 22:30.480]  mortgages from the start that's some I guess the marketing group you could call
[22:30.480 --> 22:35.880]  them okay and those guys then create the mortgages a lot of times they'll age them
[22:35.880 --> 22:41.440]  for three months maybe six months maybe a year after they age them then they
[22:41.440 --> 22:46.840]  will sell that mortgage off to somebody else who will then keep it for a period
[22:46.840 --> 22:51.720]  of time okay and they might sell it off to somebody else because there's a
[22:51.720 --> 22:57.360]  difference in value on an age mortgage for one month or three months then
[22:57.360 --> 23:03.000]  there isn't an age mortgage for six months or in one year or three years but
[23:03.000 --> 23:06.480]  that makes a lot of sense okay if you've made your payments for one month that's
[23:06.480 --> 23:12.080]  good okay but it's not an age mortgage if you made your payments for one year
[23:12.080 --> 23:17.160]  that's much better it shows that you can do that if you've made your payments for
[23:17.160 --> 23:21.560]  three years or five years it shows that that mortgage is mature and it has a
[23:21.560 --> 23:26.520]  different value okay and it demands a lower interest rate so that mortgage
[23:26.520 --> 23:31.560]  company that's holding it will then sell it off to someone that demands a lower
[23:31.560 --> 23:36.160]  rate but demands the fact that the payments have been made so that's kind
[23:36.160 --> 23:40.440]  of how the process works chain of title that's what you want you want to prove
[23:40.440 --> 23:46.200]  that in every part of the transaction the proper title documents have been
[23:46.200 --> 23:50.760]  transferred and one other way you prove that is you go to the county recorder
[23:50.760 --> 23:57.000]  because if someone transfers the mortgage or sells it to someone else
[23:57.000 --> 24:03.600]  that transfer has to be recorded with the county recorder and if it's not
[24:03.600 --> 24:08.080]  properly recorded with the county recorder then it's not valid and the
[24:08.080 --> 24:14.400]  transfer is not valid and you have grounds to move to either for damages to
[24:14.400 --> 24:20.240]  have your mortgage dismissed or your loan dismissed and you can do that by
[24:20.240 --> 24:28.080]  showing that the person claiming to have authority to collect the loan can't
[24:28.080 --> 24:33.560]  prove that he has that authority that's correct that's one way you do that yes
[24:33.560 --> 24:40.240]  so now and you're afraid that if you pay this guy somebody else may come back by
[24:40.240 --> 24:45.320]  and say well I was the one that was supposed to getting beginning this and
[24:45.320 --> 24:52.280]  if he has the chain of title then he has to lean on you and it sort of goes to
[24:52.280 --> 24:57.000]  this national crop insurance where you have to make sure the person you're
[24:57.000 --> 25:00.480]  dealing with is the person you're actually dealing with and has the
[25:00.480 --> 25:05.960]  authority to do what he says is doing well just think of it this way okay what
[25:05.960 --> 25:10.200]  if a lawsuit was filed against you claiming that you had defaulted on your
[25:10.200 --> 25:16.200]  nor on your mortgage by Bob the pirate okay and Bob the pirate claimed that
[25:16.200 --> 25:21.560]  that he owned your mortgage and you hadn't paid him so you now owed him
[25:21.560 --> 25:27.320]  $500,000 okay and so then you went into court and you went to the judge and said
[25:27.320 --> 25:34.600]  your honor I don't know Bob the pirate okay I want him to prove that he owns
[25:34.600 --> 25:39.680]  the mortgage and I want him to produce the original document and the judge
[25:39.680 --> 25:44.960]  says well I believe Bob the pirate I don't believe you okay just because he
[25:44.960 --> 25:49.040]  has a mustache and he's you know has a weird hat on and just because you know
[25:49.040 --> 25:55.440]  he has a you know some weird bird on his on his shoulder doesn't mean that he
[25:55.440 --> 26:01.080]  doesn't own that you don't owe him the money okay well that's a that's a load
[26:01.080 --> 26:06.640]  of crap okay the the fact is if the mortgage company actually has the
[26:06.640 --> 26:13.520]  mortgage they should be able to produce the original documents because the
[26:13.520 --> 26:19.600]  original document is the only one that would give anyone standing correct yeah
[26:19.600 --> 26:23.600]  and not only that federal rules of evidence say that they have to have the
[26:23.600 --> 26:27.480]  original paper that's that's correct federal of evidence require originals
[26:27.480 --> 26:32.000]  or a certificate of the fact that they're lost and proof that they're lost
[26:32.000 --> 26:37.720]  and it doesn't matter if it's Bank of America it doesn't matter if it's the
[26:37.720 --> 26:42.280]  largest loan mortgage company in the world and it doesn't matter if it's Bob
[26:42.280 --> 26:50.200]  the pirate they still should be required to produce the documents okay there was
[26:50.200 --> 26:57.100]  you mentioned early on about renegotiating the note or mediating the
[26:57.100 --> 27:04.360]  note right what is the purpose of that well that's the first step in trying to
[27:04.360 --> 27:11.040]  deal with the mortgage company okay and we'll have this CD out next week we
[27:11.040 --> 27:17.720]  recommend that if depending on where you are in your mortgage process that you
[27:17.720 --> 27:22.080]  send the proper documents into the mortgage company ask of them to
[27:22.080 --> 27:28.080]  renegotiate your your mortgage okay if you're early on in the process that
[27:28.080 --> 27:32.760]  makes a lot of sense okay and you just basically say that look here's my
[27:32.760 --> 27:37.680]  situation here's my income here's my expenses here's what I can do here's
[27:37.680 --> 27:42.240]  what I'm willing to do I'm requesting a renegotiation in the mortgage okay if
[27:42.240 --> 27:48.360]  the mortgage company refuses or doesn't do what you want them to do okay then
[27:48.360 --> 27:52.080]  you go to phase B and that is the rest of the document where you send them a
[27:52.080 --> 27:57.600]  rest the letter which is about 20 pages long all the all of these documents will
[27:57.600 --> 28:03.800]  be an RCD which you can buy if you want to through Randy and Debbie okay and you
[28:03.800 --> 28:07.880]  send them a rest the document you send them a collection letter okay and the
[28:07.880 --> 28:13.320]  collection letter basically says prove up I want to see everything I want you
[28:13.320 --> 28:19.460]  to prove the change of title I want you to prove the original note I want to see
[28:19.460 --> 28:23.160]  the endorsements on the back of the original note I want to know who touched
[28:23.160 --> 28:26.960]  this document who handled it I want to know everything about the whole process
[28:26.960 --> 28:33.360]  I want to know how much money you made okay and I want to know who got paid on
[28:33.360 --> 28:40.200]  that money so in order to understand why you would do the mediation is that so
[28:40.200 --> 28:48.120]  that in the event you get to court you can show that you have exhausted all
[28:48.120 --> 28:52.760]  administrative remedy well that's part of part of it but that's that's not the
[28:52.760 --> 28:56.880]  primary reason the primary reason is to put them on notice so you can use that
[28:56.880 --> 29:06.000]  notice if you have to if you have to go after them so what kind of results can
[29:06.000 --> 29:12.960]  you expect from the mediation it depends on how good you are at mediation okay
[29:12.960 --> 29:19.040]  most mediations are created by attorneys okay in order to get the client to
[29:19.040 --> 29:24.840]  resolve the case quickly and for them to go on to the next case if if you
[29:24.840 --> 29:29.320]  understand mediation and you're good at mediation you understand that you never
[29:29.320 --> 29:34.760]  agree to anything okay they'll come in you're going to come in with a theory
[29:34.760 --> 29:39.600]  that you don't know anything they owe you hundred thousand for example okay
[29:39.600 --> 29:44.000]  they're going to come in with Tony hold that thought all right we're going to
[29:44.000 --> 29:48.560]  break we'll be right back this is the rule of law Raina Kelton and Debra
[29:48.560 --> 29:57.840]  Stevens talking about how to fight the mortgage company I'll be right back
[29:57.840 --> 30:02.600]  gold prices are at historic highs and with the recent pullback this is a great
[30:02.600 --> 30:06.880]  time to buy with the value of the dollar risks of inflation geopolitical
[30:06.880 --> 30:11.000]  uncertainties and instability in rural financial systems I see gold going up
[30:11.000 --> 30:15.600]  much higher hi I'm Tim Fry at Roberts and Roberts brokerage everybody should
[30:15.600 --> 30:19.440]  have some of their assets in investment grade precious metals and Roberts and
[30:19.440 --> 30:23.080]  Roberts brokerage you can buy gold silver and platinum with confidence from
[30:23.080 --> 30:27.960]  a brokerage that specialized in the precious metals market since 1977 if you
[30:27.960 --> 30:31.400]  are new to precious metals we will happily provide you with the information
[30:31.400 --> 30:34.880]  you need to make an informed decision whether or not you choose to purchase
[30:34.880 --> 30:39.200]  from us also Roberts and Roberts brokerage values your privacy and will
[30:39.200 --> 30:42.480]  always advise you in the event that we would be required to report any
[30:42.480 --> 30:46.760]  transaction if you have gold silver platinum you'd like to sell we can
[30:46.760 --> 30:51.000]  convert it for immediate payment call us at eight hundred eight seven four nine
[30:51.000 --> 30:55.960]  seven six zero we're Roberts and Roberts brokerage eight hundred eight seven four
[30:55.960 --> 31:13.360]  nine seven six zero
[31:25.960 --> 31:55.880]  okay we are back all right Tony please continue
[31:55.880 --> 32:01.480]  talking about all the things that they're going to try to do okay well
[32:01.480 --> 32:07.360]  basically you know we I think we were talking about you know where somebody
[32:07.360 --> 32:10.440]  comes in and says well why don't you guys just negotiate this or go into
[32:10.440 --> 32:16.400]  mediation or something like that and you know our experience with mediation it's
[32:16.400 --> 32:21.640]  just designed to a lot of big companies to to beat you up and get something of
[32:21.640 --> 32:25.840]  what they want maybe somebody else has a different experience I'd be happy to
[32:25.840 --> 32:32.560]  learn about it and but you know we you know as a rule don't suggest mediation
[32:32.560 --> 32:36.120]  to anybody because it's just the will you know they get you in there and then
[32:36.120 --> 32:39.320]  they blindside you and they'll go well you know you want to get out of this
[32:39.320 --> 32:44.040]  mediation the judge ordered so you know and your portion of the steel is going
[32:44.040 --> 32:47.480]  to be this and if you want if you'll do that then the case will go away and all
[32:47.480 --> 32:51.080]  of a sudden you go in thinking you don't know anything they owe you and you wind
[32:51.080 --> 32:57.800]  up coming out paying 10 20 50 thousand dollars so anyway like I said I hope
[32:57.800 --> 33:02.960]  somebody's got a different experience but that's not what we have why don't we
[33:02.960 --> 33:08.880]  suggest the mediation on the front end then what's the purpose of it who
[33:08.880 --> 33:15.080]  suggest the mediation you said the first thing you try is to go in and mediate the
[33:15.080 --> 33:22.120]  loan and try to different than a court mediation okay what I was saying is that
[33:22.120 --> 33:26.920]  you come in and you try to do a loan modification with directly with the
[33:26.920 --> 33:33.600]  lender okay this is not mediation then no mediation is when you're actually in
[33:33.600 --> 33:38.400]  court and then the judge says okay look you guys I don't want to hear this case
[33:38.400 --> 33:43.360]  I want you guys to resolve it yourself so why don't you agree to some mediator
[33:43.360 --> 33:52.800]  and go in and work out the deal and mediators are as a rule a part of the
[33:52.800 --> 34:00.480]  good old boy group since there's a rule attorneys number one okay I mean I'm
[34:00.480 --> 34:04.880]  saying anything bad about attorneys but they also you know go to the same clubs
[34:04.880 --> 34:12.360]  and bars and you know country clubs and stuff like that that the guys on the
[34:12.360 --> 34:17.240]  other side you know the plaintiffs attorneys go to and the judges go to so
[34:17.240 --> 34:25.840]  they're not necessarily always in your camp and if you walk in cold turkey not
[34:25.840 --> 34:31.080]  understanding that aspect then you have a chance of being blindsided and walking
[34:31.080 --> 34:38.000]  out the door at the end of the mediation writing a check to somebody yes I had
[34:38.000 --> 34:44.360]  understood that getting into court ordered mediation was seldom a good idea
[34:44.360 --> 34:52.880]  something to avoid so right how do we what do we claim against the mortgage
[34:52.880 --> 35:00.280]  company you mentioned earlier that the first thing you looked at was a way to
[35:00.280 --> 35:08.240]  go back to the mortgage company when you weren't in foreclosure right what do you
[35:08.240 --> 35:14.360]  do there if you do a load modification I think you can file a request for a load
[35:14.360 --> 35:18.120]  modification some of it will do it some mortgage companies will do it over the
[35:18.120 --> 35:22.840]  phone okay some won't but some will do it from some require some kind of
[35:22.840 --> 35:29.480]  documentation from you okay and purpose of the loan modification is fourfold
[35:29.480 --> 35:35.960]  okay one you can reduce your loan balance or principal amount two you can
[35:35.960 --> 35:41.360]  reduce or modify the interest rate okay actually five fold three you can extend
[35:41.360 --> 35:45.040]  the term of the loan in other words okay maybe you're six months behind on
[35:45.040 --> 35:48.400]  payments so they take those six months and roll them in and now all of a
[35:48.400 --> 35:54.040]  sudden you've got a 30 year and six month loan okay four you change the
[35:54.040 --> 36:00.080]  monthly payments that was you know we just got a little medication done a few
[36:00.080 --> 36:03.760]  months ago where we got the payments reduced from 4,000 to 3,000 a month
[36:03.760 --> 36:08.960]  that's that's significant at least in this case that was significant okay and
[36:08.960 --> 36:15.000]  five you can combine any of the above things to to get a better deal from the
[36:15.000 --> 36:22.040]  low-income me related to the payments in exchange for what your income situation
[36:22.040 --> 36:30.400]  is currently what motivation does the loan company have to to modify your
[36:30.400 --> 36:38.480]  loan okay the companies are monitored and a lot of them are banks some of them
[36:38.480 --> 36:41.920]  are mortgage companies that are owned by banks some of our mortgage companies
[36:41.920 --> 36:49.000]  owned by investment banks okay but and some of them are private but they have
[36:49.000 --> 36:53.840]  to keep a certain percentage of their loans current or they go in default on
[36:53.840 --> 37:01.880]  their master lines okay so they'll borrow a huge amount of money to do
[37:01.880 --> 37:08.200]  mortgages and then they'll package those mortgages and resell them and just go
[37:08.200 --> 37:13.240]  back to the 424b5 documents which are the securities documents that are private
[37:13.240 --> 37:17.160]  placements that are done by Goldman Sachs and all the major investment
[37:17.160 --> 37:22.640]  bankers they might package 600 million dollars worth of loans at one time then
[37:22.640 --> 37:28.320]  they'll sell them off okay well okay the mortgage company will take a group of
[37:28.320 --> 37:33.400]  mortgages maybe they have 50 million dollars and they will send them to
[37:33.400 --> 37:38.400]  Goldman Sachs Goldman Sachs will agree to buy those okay and then a bunch of
[37:38.400 --> 37:42.160]  other mortgage companies will send deals to Goldman Sachs they'll all buy them
[37:42.160 --> 37:46.480]  Goldman Sachs will package them that could take a few months and then they
[37:46.480 --> 37:51.880]  will sell them off to pension funds or banks overseas or little old ladies that
[37:51.880 --> 37:57.400]  are just looking for a safe investment or whatever okay so they have an
[37:57.400 --> 38:02.840]  interest okay and you have to remember all these loans come typically if
[38:02.840 --> 38:09.080]  they're 424b5 loans and it's their package there's private placement
[38:09.080 --> 38:13.640]  securities they are given a trustee and that trustee is responsible for
[38:13.640 --> 38:20.480]  receiving the loan okay and the trustee is required according to the agreement
[38:20.480 --> 38:25.120]  if the loan comes in default and it's not carried but in a certain period of
[38:25.120 --> 38:31.680]  time he is required to repurchase that note or replace it with it with it with
[38:31.680 --> 38:38.280]  a similar note okay so so now all of a sudden you've got the issue of the loan
[38:38.280 --> 38:44.160]  company or say the investment banker or the mortgage company okay having sold a
[38:44.160 --> 38:48.920]  dough to someone that can't be paid and now the trustee is going to issue a
[38:48.920 --> 38:54.720]  demand letter to that mortgage company or investment banker by this note back
[38:54.720 --> 39:02.480]  so it's kind of like a warranty plan correct they sell them and they have to
[39:02.480 --> 39:08.600]  guarantee them right now I heard I was listening to a public radio today and
[39:08.600 --> 39:14.440]  they were talking about some programs that Obama had put in place a lot of
[39:14.440 --> 39:24.320]  these people are you familiar with any of those plans because you the a lot of
[39:24.320 --> 39:31.120]  the major banks had held off on the foreclosures waiting on these plans that
[39:31.120 --> 39:37.680]  were coming and they were saying that they were going to proceed with the
[39:37.680 --> 39:42.880]  foreclosures on those individuals who didn't fall into one of the plans or the
[39:42.880 --> 39:50.800]  other and they are calculated two million at present that is a scary
[39:50.800 --> 40:06.240]  number they estimated two million okay they didn't even if they knew an exact
[40:06.240 --> 40:11.800]  number I'm sure they wouldn't state it but to admit to that many is a tremendous
[40:11.800 --> 40:17.400]  amount of mortgages in foreclosure I agree and apparently the Realtors
[40:17.400 --> 40:22.040]  Association according to the economists I know have come out with a revised
[40:22.040 --> 40:31.040]  number which is estimated at 5.2 million so I have not personally verified those
[40:31.040 --> 40:35.240]  numbers I believe the two million number without question I believe it could be
[40:35.240 --> 40:42.560]  much bigger and I think that it's time for people to take some action and try
[40:42.560 --> 40:49.000]  to do something because it's okay I understand the need for a mortgage
[40:49.000 --> 40:55.200]  company or for a lender to foreclose based on valid documents okay if they
[40:55.200 --> 40:59.520]  have actually loaned the money themselves okay if they can actually
[40:59.520 --> 41:04.960]  prove chain of title if they can actually produce the original document
[41:04.960 --> 41:10.200]  if they haven't over billed or overcharged anyway and if they haven't
[41:10.200 --> 41:16.960]  violated any state or federal law I totally understand that but we have not
[41:16.960 --> 41:22.440]  found one single case that we have investigated where there hasn't been
[41:22.440 --> 41:29.240]  fraud fraud involved in the deal by the mortgage company or by its assignees and
[41:29.240 --> 41:36.400]  we have not found one single case where they have not overcharged in some way
[41:36.400 --> 41:44.560]  so and when it goes to fraud fraud vitiates the entire process that is
[41:44.560 --> 41:49.400]  correct and you know my argument is you get your house for free now I'm not sure
[41:49.400 --> 41:54.040]  if that's going to hold up in court or not okay but that would be my argument
[41:54.040 --> 42:00.080]  is that the fraud voids the note and entitles you to pure title to the
[42:00.080 --> 42:07.240]  property so that's where we're building our arguments now we're in several
[42:07.240 --> 42:13.240]  courts at this time we intend to win those cases but what we have found is
[42:13.240 --> 42:19.160]  that the lawyers for the mortgage companies okay our masters have
[42:19.160 --> 42:23.000]  manipulated in the system and what they do is they go into the lower courts
[42:23.000 --> 42:27.840]  first okay and I mean the real lower courts like the justice courts justice
[42:27.840 --> 42:31.080]  the Peace Corps and stuff like that because it's real easy to buy the
[42:31.080 --> 42:36.600]  justices offer it's real easy to get them not to pay attention okay and they
[42:36.600 --> 42:47.160]  they try to get a foreclosure notice and get the transfer okay and once they do
[42:47.160 --> 42:52.760]  that then you know you have a different battle you have to fight okay so what
[42:52.760 --> 42:57.520]  we're trying to do with people is we're trying to transfer them preferably into
[42:57.520 --> 43:02.320]  federal court where the judges you know have a better chance of overseeing the
[43:02.320 --> 43:07.640]  proceedings and you know the procedures are much more formal and you know you
[43:07.640 --> 43:11.400]  don't have to worry as much about the judge being bought off or you know some
[43:11.400 --> 43:17.800]  money changing hands at the golf course or you know some judge being given a
[43:17.800 --> 43:23.080]  campaign contribution to get him into office and things like that and then we
[43:23.080 --> 43:28.360]  think we have a chance and then we file counterclaims and go after the mortgage
[43:28.360 --> 43:33.640]  company based on elements of fraud violations of Fair Debt Collection
[43:33.640 --> 43:39.760]  Practices Act possibly we go over this is more difficult to prove okay and then
[43:39.760 --> 43:43.880]  okay okay hold on one second Tony all right all right we're going to break and
[43:43.880 --> 43:48.320]  when we come back we want to go to some callers we've got Carrie from Louisiana
[43:48.320 --> 43:54.720]  and Jay from New York callers if you'd like to call in 512-646-1984 we'll be
[43:54.720 --> 43:57.040]  right back
[43:58.880 --> 44:04.760]  stock markets are taking hit after hit corrupt bankers are choking on subprime
[44:04.760 --> 44:10.400]  debt the Fed is busy printing dollars dollars and more dollars to bail out
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[45:36.600 --> 46:00.240]  okay we are back watching the sparks fly indeed indeed indeed the banks are
[46:00.240 --> 46:05.360]  committing complete and total fraud complete and total usury they monetize
[46:05.360 --> 46:10.280]  your signature they do not loan you anything people I've been finding that
[46:10.280 --> 46:17.000]  out the banks literally create this up in there they do not loan you anything
[46:17.000 --> 46:22.120]  they did not have that money to begin with to make a loan it's complete and
[46:22.120 --> 46:26.200]  utter fraud that's just the way it is and we're going to do something about it
[46:26.200 --> 46:32.680]  okay we are going to go to callers now we're speaking with Carrie in Louisiana
[46:32.680 --> 46:38.520]  Carrie thanks for calling in you have a question for our guests or us yeah I've
[46:38.520 --> 46:44.080]  got several comments let me first of all make a correction on my name I just
[46:44.080 --> 46:54.440]  noticed the other day listening it's it's Terry okay I'll put up I will
[46:54.440 --> 47:01.320]  reprogram the call board Terry I got that little fling in my in my voice so
[47:01.320 --> 47:09.680]  you know it's not your fault I've been listening y'all from the get-go and I've
[47:09.680 --> 47:14.640]  talked to y'all before on other subjects and everything and my
[47:14.640 --> 47:21.320]  investigation of the law you might want to take a pen and jot down some notes
[47:21.320 --> 47:25.680]  here I'm gonna make it short and sweet and I've got about five or six things
[47:25.680 --> 47:32.280]  that I've noticed listening to y'all to start out with okay when you do a
[47:32.280 --> 47:40.000]  mortgage you're making contract okay when you make contract the only person
[47:40.000 --> 47:47.960]  that has standing is those that you make that contract with if they make a bargain
[47:47.960 --> 47:53.160]  with someone and sell that contract to someone else that's a contract between
[47:53.160 --> 47:58.800]  those two parties that third party does not have a standing with you because you
[47:58.800 --> 48:09.000]  did not sign contract with them that is right okay so go on to the next thing I
[48:09.000 --> 48:13.680]  studied criminal and everything but I've noticed a lot of these things have to do
[48:13.680 --> 48:20.400]  with money and everything and it all boils down to due process okay the
[48:20.400 --> 48:26.320]  second thing is they didn't lend you real money in the United States there's
[48:26.320 --> 48:32.160]  two things that's real money gold and silver if they did not lend you gold and
[48:32.160 --> 48:38.960]  silver to purchase that property with they did not make a loan so they're in
[48:38.960 --> 48:45.840]  like you were saying just a second ago they committed fraud absolutely okay now
[48:45.840 --> 48:56.200]  move on to the next thing it goes back to the first thing kind of if if they
[48:56.200 --> 49:03.120]  didn't make contract with you originally then you know it don't have anything to
[49:03.120 --> 49:08.120]  do with you what they did with the second party the third party I mean if
[49:08.120 --> 49:12.760]  the third party did not sign contract with you they sign a contract with the
[49:12.760 --> 49:19.120]  second party you're out of it now if you can find this this is everything I can
[49:19.120 --> 49:24.600]  find with Supreme Court rulings if you can find this part the second party that
[49:24.600 --> 49:31.280]  you originally signed contract with has ties to overseas outside the United
[49:31.280 --> 49:39.480]  States instead of doing court procedures under equity go to a maritime or
[49:39.480 --> 49:45.720]  amality because now you can have them locked up under equity you can't have
[49:45.720 --> 49:51.960]  them locked up but if they commit fraud under a maritime you can have them
[49:51.960 --> 49:59.320]  incarcerated now to be able to do that they've got to have times to outside the
[49:59.320 --> 50:03.880]  United States now to do it under maritime but you could also do it under
[50:03.880 --> 50:10.360]  the local statutory law well if you do it under statutory law though that's
[50:10.360 --> 50:17.440]  going to convert back equity which is civil which has no criminal no I don't
[50:17.440 --> 50:26.560]  know there is a civil process when someone commits fraud they also if you're
[50:26.560 --> 50:30.880]  damaged by the fraud they commit a civil tort against you which you can pursue
[50:30.880 --> 50:37.280]  them civilly but you can also they can you can also move against them criminally
[50:37.280 --> 50:45.240]  which is a separate cause of action it's a separate litigation and that may be
[50:45.240 --> 50:56.240]  where this idea that it becomes civil yes you as a citizen may only pursue the
[50:56.240 --> 51:03.520]  individual for the tort the state has exclusive jurisdiction to pursue
[51:03.520 --> 51:11.240]  criminal but you can claim criminal and push the the state to pursue the criminal
[51:11.240 --> 51:17.360]  prosecution now there is some laws I can't think of them right off hand but
[51:17.360 --> 51:24.520]  there is some rulings that go way back so before we had district attorneys and
[51:24.520 --> 51:29.720]  judges seated all through the United States that you can prosecute criminal
[51:29.720 --> 51:36.400]  on your own by representing and prosecuting yourself but you got you
[51:36.400 --> 51:40.480]  got to be willing to spend the money because just like the prosecutor has to
[51:40.480 --> 51:45.360]  put the bill for prosecuting you if you commit a crime you've got to put the
[51:45.360 --> 51:54.360]  bill to prosecute them well the problem is that is is in 1860 these 1867 or whenever
[51:54.360 --> 52:04.880]  they put in state prosecutors the state was given exclusive authority to
[52:04.880 --> 52:10.920]  prosecute crimes so your authority to act in your private capacity was
[52:10.920 --> 52:17.680]  preempted by that now Tony's been dealing with a private attorney general
[52:17.680 --> 52:23.720]  and Tony would you like to address that issue sure okay there's a way that that
[52:23.720 --> 52:28.920]  almost any citizen can become a private attorney general and which would allow
[52:28.920 --> 52:34.440]  them to prosecute crimes themselves you have to fill out a form you have to
[52:34.440 --> 52:39.760]  submit it to the Attorney General the United States and certify that you'll
[52:39.760 --> 52:44.680]  follow the laws and the regulations the United States but once you become a
[52:44.680 --> 52:50.440]  private attorney general then you have flexibility to file a lot of different
[52:50.440 --> 52:55.600]  actions against government officials state and federal that don't follow
[52:55.600 --> 53:01.680]  their oath of office don't follow the Constitution or don't follow the
[53:01.680 --> 53:06.480]  statutes that they were supposed to follow so what we're doing and are
[53:06.480 --> 53:10.720]  recommending to people right now is they consider becoming a private attorney
[53:10.720 --> 53:18.120]  general if they're serious about doing something with the judicial system and
[53:18.120 --> 53:27.520]  if they find someone that has created violations of the oath of office for
[53:27.520 --> 53:31.720]  example or violations of statute if they're a government official state or
[53:31.720 --> 53:37.880]  federal then they file an action against them to have them removed from office
[53:37.880 --> 53:42.920]  under the private attorney general authorization or they follow QTAM
[53:42.920 --> 53:48.840]  action against them it's QUI and the second word is TAM they're basically
[53:48.840 --> 53:53.880]  claiming that that person is defrauding the government by taking money with no
[53:53.880 --> 53:59.160]  intention of upholding their oath of office what now are you saying that
[53:59.160 --> 54:05.160]  that's that's not what an attorney general would do I understand that
[54:05.160 --> 54:10.920]  quite am any person can can pursue a part-time action but that's separate
[54:10.920 --> 54:15.620]  from being a private attorney that is correct okay but if you do you do a
[54:15.620 --> 54:21.920]  quite time action you are defined as a private attorney general well then I
[54:21.920 --> 54:27.880]  can I can speak from Louisiana because I just went Randy you kind of familiar
[54:27.880 --> 54:34.840]  with my situation with the officer and everything but uh the judge Monday I
[54:34.840 --> 54:40.160]  went to court on my situation the judge totally violated ever civil right that I
[54:40.160 --> 54:46.800]  had he refused me to plead he refused to answer what type of court we was in so
[54:46.800 --> 54:51.920]  forth so I went to my attorney general and I got to speak to one of the
[54:51.920 --> 55:00.080]  deputies and basically in Louisiana our attorney general has to stand it don't
[55:00.080 --> 55:06.440]  matter what the police does it don't matter what the judges didn't we as an
[55:06.440 --> 55:12.760]  attorney general office is not going to prosecute or arrest our brothers kind of
[55:12.760 --> 55:16.720]  like you were saying earlier they're members of the same country club well
[55:16.720 --> 55:23.520]  that may be the case but also it may well be that the Louisiana Attorney
[55:23.520 --> 55:29.240]  General is similar to the Texas Attorney General the Texas Attorney General has
[55:29.240 --> 55:39.120]  no such power he has no prosecutorial power other than to assist a prosecuting
[55:39.120 --> 55:46.680]  attorney so if it's the same in Louisiana it may be that your simply have
[55:46.680 --> 55:52.640]  a misconception about what the Attorney General is there to do and I wouldn't
[55:52.640 --> 55:59.080]  mess with Attorney General anyway I'd go to the local prosecutor that's against
[55:59.080 --> 56:04.080]  the state that's one way to do it I think the best thing for people to do is
[56:04.080 --> 56:11.200]  like like he was saying to file these forms and become Attorney General himself
[56:11.200 --> 56:19.000]  so if I know this I can't find any Supreme Court ruling that overturned the
[56:19.000 --> 56:25.920]  right of a citizen to do a felony arrest and everything I can understand when a
[56:25.920 --> 56:33.800]  judge violates due process he commits a felony because he violated the oath to
[56:33.800 --> 56:42.200]  the Constitution that he took and that's okay now we get to the real world we
[56:42.200 --> 56:49.960]  live in one one maximal maxim of law about being about making an arrest is
[56:49.960 --> 56:58.960]  you must be capable of completing the arrest and I suggest if you try to make
[56:58.960 --> 57:05.080]  a felony arrest of a judge on the stand you're going to find getting it done is
[57:05.080 --> 57:13.440]  a lot more difficult than thinking about it so I suggest that that's probably a
[57:13.440 --> 57:18.600]  bad idea not something I would want to try but the thing I've studied in and
[57:18.600 --> 57:23.840]  understand about this situation if you do decide to make a felony arrest in
[57:23.840 --> 57:31.960]  this situation you better not do it in court okay yeah that's what I would do
[57:31.960 --> 57:39.440]  and what I have done you can see a felony does not have to be arrested at
[57:39.440 --> 57:50.240]  that immediate time you do have a right you to you know statues and stuff you
[57:50.240 --> 57:57.520]  know at a later time so I would suggest catching him if you're going to go that
[57:57.520 --> 58:05.000]  route at his house my suggestion is is that making a felony arrest on a public
[58:05.000 --> 58:11.360]  official is sort of like being a beekeeper except you don't have all the
[58:11.360 --> 58:17.920]  protective gear yes you can't expect bees to be happy about what you're about
[58:17.920 --> 58:25.320]  to do absolutely not you're well within your rights but the bees are not going
[58:25.320 --> 58:33.160]  to see it that way all right well listen listen we're coming up to the top of the
[58:33.160 --> 58:39.640]  hour guys so we need to cut to break I'm gonna get out here and I'm gonna listen
[58:39.640 --> 58:45.280]  all right thank you Terry you know we'll talk to y'all tomorrow all right thank
[58:45.280 --> 58:48.800]  you for calling in Terry all right when we come back from break we're gonna go
[58:48.800 --> 58:52.360]  to Jay in New York we also have Christian from Florida on the line this
[58:52.360 --> 58:55.400]  is the rule of law Raina Kelton and Deborah Stevens we're here with Tony
[58:55.400 --> 59:19.360]  Davis
[59:55.400 --> 01:00:02.400]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[01:00:02.400 --> 01:00:09.400]  talk radio at its best.
[01:00:32.400 --> 01:00:39.400]  This is your chance to learn more about the Rule of Law Radio Network at ruleoflawradio.com
[01:01:02.400 --> 01:01:05.320]  was created equally.
[01:01:05.320 --> 01:01:08.800]  Chant down Babylon and do it daily.
[01:01:08.800 --> 01:01:12.280]  And when night come, give to everybody.
[01:01:12.280 --> 01:01:15.800]  So one by one, we have to chant them on.
[01:01:15.800 --> 01:01:19.360]  We chant down Babylon, because Babylon is wrong.
[01:01:19.360 --> 01:01:22.880]  The only right man, we say, is the right command.
[01:01:22.880 --> 01:01:26.360]  We take Mr. Lord, man, devout young man,
[01:01:26.360 --> 01:01:29.840]  to chant down Babylon, no not later.
[01:01:29.840 --> 01:01:33.280]  We let Babylon know, say we get engraved.
[01:01:33.280 --> 01:01:34.200]  OK, we are back.
[01:01:34.200 --> 01:01:36.840]  The rule of law, Randy Kelton and Deborah Stevens
[01:01:36.840 --> 01:01:39.840]  chant down Babylon indeed.
[01:01:39.840 --> 01:01:44.840]  OK, we are speaking now with Jay in New York.
[01:01:44.840 --> 01:01:46.080]  Jay, thank you for calling in.
[01:01:46.080 --> 01:01:49.040]  You're on the air with myself and Randy and Tony Davis.
[01:01:49.040 --> 01:01:51.360]  You have a question for Tony or us?
[01:01:51.360 --> 01:01:52.320]  Hey, how's it going?
[01:01:52.320 --> 01:01:54.000]  Going really well.
[01:01:54.000 --> 01:01:56.440]  All right, I have a two part question.
[01:01:56.440 --> 01:01:58.640]  One is on topic, one is off topic.
[01:01:58.640 --> 01:02:01.720]  I don't know if you guys ever sent that email to Tony Davis
[01:02:01.720 --> 01:02:05.400]  from last week, or earlier this week, actually.
[01:02:05.400 --> 01:02:08.920]  Anyway, first question is about the mortgage stuff.
[01:02:08.920 --> 01:02:13.160]  We got a notice in the mail about foreclosure or whatnot.
[01:02:13.160 --> 01:02:16.000]  My mother answered it back.
[01:02:16.000 --> 01:02:18.960]  We filed a motion to produce a note,
[01:02:18.960 --> 01:02:23.200]  and it was denied by the judge.
[01:02:23.200 --> 01:02:25.640]  So now we're trying to figure out what is the next step.
[01:02:25.640 --> 01:02:26.800]  OK, well, OK.
[01:02:26.800 --> 01:02:29.400]  First of all, what kind of court was this?
[01:02:29.400 --> 01:02:33.120]  Was this like a local court, or a state district
[01:02:33.120 --> 01:02:35.320]  court, or a federal court?
[01:02:35.320 --> 01:02:39.360]  Local court, state district court, or civil court.
[01:02:39.360 --> 01:02:40.440]  Civil court, OK.
[01:02:40.440 --> 01:02:43.320]  And the judge denied the motion to produce the note?
[01:02:43.320 --> 01:02:44.120]  Yes.
[01:02:44.120 --> 01:02:47.680]  OK, so now he's in collusion with the mortgage company
[01:02:47.680 --> 01:02:49.520]  to defraud you, right?
[01:02:49.520 --> 01:02:50.240]  Right.
[01:02:50.240 --> 01:02:53.280]  OK, well, what I would do is I would remove it.
[01:02:53.280 --> 01:02:57.040]  I would claim bias on its face by the judge
[01:02:57.040 --> 01:02:59.400]  and say that he has to step aside on the case,
[01:02:59.400 --> 01:03:01.400]  and I would remove it to federal court.
[01:03:01.400 --> 01:03:04.560]  And I would counterclaim claimant violations of the Fair
[01:03:04.560 --> 01:03:07.320]  Debt Collection Practices Act.
[01:03:07.320 --> 01:03:08.280]  I would claim usury.
[01:03:08.280 --> 01:03:09.680]  I would claim overbilling.
[01:03:09.680 --> 01:03:12.000]  I would claim fraud by the mortgage company.
[01:03:12.000 --> 01:03:14.040]  I would do a request for admissions
[01:03:14.040 --> 01:03:16.880]  and get them to admit or deny certain facts.
[01:03:16.880 --> 01:03:19.360]  One of those facts would be to admit or deny
[01:03:19.360 --> 01:03:23.240]  that they have the original note with the original endorsement
[01:03:23.240 --> 01:03:27.640]  on the back, and they can produce that, OK?
[01:03:27.640 --> 01:03:29.600]  There is another issue here.
[01:03:29.600 --> 01:03:30.640]  Right.
[01:03:30.640 --> 01:03:35.560]  It's not your place to determine whether or not
[01:03:35.560 --> 01:03:43.920]  the petitioner has standing to come before the court.
[01:03:43.920 --> 01:03:47.080]  The court has to make that determination.
[01:03:47.080 --> 01:03:50.240]  The court, before it can exercise subject matter
[01:03:50.240 --> 01:03:55.680]  jurisdiction, has to ensure that the pleadings are
[01:03:55.680 --> 01:03:58.120]  sufficient to invoke the subject matter
[01:03:58.120 --> 01:03:59.520]  jurisdiction of the court.
[01:03:59.520 --> 01:04:04.320]  If they don't, then the court is an imposter.
[01:04:04.320 --> 01:04:06.400]  You should file against the judge
[01:04:06.400 --> 01:04:09.240]  for impersonating a public official
[01:04:09.240 --> 01:04:13.720]  by pretending to adjudicate in this case
[01:04:13.720 --> 01:04:18.160]  when he has not demonstrated his subject matter jurisdiction.
[01:04:18.160 --> 01:04:18.660]  OK.
[01:04:18.660 --> 01:04:20.120]  That makes sense.
[01:04:20.120 --> 01:04:23.760]  It will take the wedding signature.
[01:04:23.760 --> 01:04:28.400]  It'll take the principal to demonstrate
[01:04:28.400 --> 01:04:31.880]  standing in the case sufficient to invoke subject matter
[01:04:31.880 --> 01:04:34.120]  jurisdiction of the court.
[01:04:34.120 --> 01:04:37.560]  So you should go after the judge criminally
[01:04:37.560 --> 01:04:41.360]  for impersonating a public official,
[01:04:41.360 --> 01:04:43.920]  because he has no subject matter jurisdiction.
[01:04:43.920 --> 01:04:46.880]  And for that, he's suable.
[01:04:46.880 --> 01:04:50.800]  Well, he's also proved he's biased by definition too.
[01:04:50.800 --> 01:04:51.440]  Absolutely.
[01:04:51.440 --> 01:04:54.600]  He's committing criminal acts against you in order
[01:04:54.600 --> 01:04:56.960]  to support the petitioner.
[01:04:56.960 --> 01:04:57.480]  OK.
[01:04:57.480 --> 01:04:59.360]  So the presumption is he's getting
[01:04:59.360 --> 01:05:02.760]  paid by the mortgage company to prosecute this case.
[01:05:02.760 --> 01:05:05.920]  That becomes a presumption of the case now.
[01:05:05.920 --> 01:05:06.420]  Yes.
[01:05:06.420 --> 01:05:09.240]  And you don't have to prove that.
[01:05:09.240 --> 01:05:12.080]  You don't even have to imply that.
[01:05:12.080 --> 01:05:18.240]  It's sufficient that the court is acting in collusion
[01:05:18.240 --> 01:05:22.640]  with the petitioner in violation of law.
[01:05:22.640 --> 01:05:26.320]  That's enough to nail the judge with.
[01:05:26.320 --> 01:05:30.760]  The judge has a ministerial duty.
[01:05:30.760 --> 01:05:34.760]  Every trial judge has a ministerial duty
[01:05:34.760 --> 01:05:39.720]  to apply the standing law to the facts
[01:05:39.720 --> 01:05:43.120]  that Judah developed in the case.
[01:05:43.120 --> 01:05:47.280]  He may not decide what a law means.
[01:05:47.280 --> 01:05:50.800]  That's what the Court of Appeals is for in the Supreme Court.
[01:05:50.800 --> 01:05:53.480]  He must take what they hand down to him
[01:05:53.480 --> 01:05:55.200]  and apply it to the facts.
[01:05:55.200 --> 01:06:01.360]  If he fails to do that, he violates a ministerial duty,
[01:06:01.360 --> 01:06:02.880]  denies you in a right.
[01:06:02.880 --> 01:06:05.960]  That's a crime in most every state.
[01:06:05.960 --> 01:06:07.680]  We haven't found it in New Mexico,
[01:06:07.680 --> 01:06:11.000]  but in the Fed and most every other state,
[01:06:11.000 --> 01:06:14.160]  that's a crime of official oppression.
[01:06:14.160 --> 01:06:17.760]  That's criminal and part of the judge.
[01:06:17.760 --> 01:06:19.640]  Go for the judge.
[01:06:19.640 --> 01:06:23.120]  Jay, I'm chatting with one of our other hosts right now,
[01:06:23.120 --> 01:06:26.720]  Greg Chapman, who also deals with fighting mortgage
[01:06:26.720 --> 01:06:28.880]  companies, and he wants to know how you
[01:06:28.880 --> 01:06:30.440]  filed the case from the onset.
[01:06:33.200 --> 01:06:34.440]  He didn't file the case.
[01:06:34.440 --> 01:06:36.120]  The mortgage company filed the case.
[01:06:36.120 --> 01:06:37.680]  OK, I'm going to go.
[01:06:37.680 --> 01:06:40.600]  Basically, what we did was we did it manually,
[01:06:40.600 --> 01:06:42.960]  just responding back to the foreclosure notice.
[01:06:42.960 --> 01:06:45.680]  And then after that, we hired a lawyer
[01:06:45.680 --> 01:06:49.240]  who was doing the same work, but it gets his way or whatnot.
[01:06:49.240 --> 01:06:54.920]  And basically, what happened was the first notice was,
[01:06:54.920 --> 01:06:56.840]  the first answer was denied.
[01:06:56.840 --> 01:06:59.640]  But then the lawyer told us that if it was already denied,
[01:06:59.640 --> 01:07:01.040]  he couldn't really do nothing for us.
[01:07:04.120 --> 01:07:05.680]  And then here we are today, trying
[01:07:05.680 --> 01:07:09.360]  to figure out what we could do without.
[01:07:09.360 --> 01:07:15.520]  Well, the standard rule on these mortgage cases
[01:07:15.520 --> 01:07:18.760]  is that if it's in the state court, you move it to the Fed.
[01:07:18.760 --> 01:07:21.840]  If it's in the state court, you move it to the state.
[01:07:21.840 --> 01:07:25.160]  Basically, this is like a chess game.
[01:07:25.160 --> 01:07:27.320]  So you just keep changing the pieces.
[01:07:27.320 --> 01:07:29.560]  You keep changing the moves.
[01:07:29.560 --> 01:07:32.080]  And if you do that, then you've got a good chance of winning it.
[01:07:32.080 --> 01:07:36.560]  But what I would do is I'd move it into the federal jurisdiction.
[01:07:36.560 --> 01:07:38.240]  I would counterclaim.
[01:07:38.240 --> 01:07:40.840]  I'd file a notice of removal in the state court,
[01:07:40.840 --> 01:07:43.360]  and then I would counterclaim.
[01:07:43.360 --> 01:07:45.840]  Under violation of the Fair Debt Collection Fracture Act,
[01:07:45.840 --> 01:07:47.200]  I would claim usury.
[01:07:47.200 --> 01:07:53.200]  I would claim fraud and maybe several other things
[01:07:53.200 --> 01:07:54.440]  that I could produce for you.
[01:07:54.440 --> 01:07:58.880]  But I would get it moved to the federal court.
[01:07:58.880 --> 01:08:02.360]  One of the things we have found, and there
[01:08:02.360 --> 01:08:04.520]  was a group of former IBM engineers
[01:08:04.520 --> 01:08:06.840]  that created a program to analyze mortgages
[01:08:06.840 --> 01:08:08.600]  and analyze their payments.
[01:08:08.600 --> 01:08:11.720]  We're now supposed to get set up with them shortly.
[01:08:11.720 --> 01:08:15.360]  But what they have found is that every single mortgage they've
[01:08:15.360 --> 01:08:20.960]  analyzed shows that there are overbillings by the mortgage
[01:08:20.960 --> 01:08:22.680]  company.
[01:08:22.680 --> 01:08:23.840]  I'm not talking about a few.
[01:08:23.840 --> 01:08:26.520]  I'm talking about everyone.
[01:08:26.520 --> 01:08:29.640]  This goes back to the 1970s and 1980s
[01:08:29.640 --> 01:08:32.480]  where the phone companies were overbilling,
[01:08:32.480 --> 01:08:35.040]  and they needed to increase their revenues and their profits.
[01:08:35.040 --> 01:08:36.760]  And all they would do is just add money
[01:08:36.760 --> 01:08:37.800]  to your bill every month.
[01:08:37.800 --> 01:08:39.800]  And most people wouldn't know.
[01:08:39.800 --> 01:08:42.080]  They wouldn't know that their bill increased by $2
[01:08:42.080 --> 01:08:44.040]  because they don't read the bills.
[01:08:44.040 --> 01:08:47.400]  But if it's $2 times 20 million people,
[01:08:47.400 --> 01:08:50.800]  that's a significant amount of money for a telephone company.
[01:08:50.800 --> 01:08:53.200]  Well, that's similar to what's happened
[01:08:53.200 --> 01:08:55.120]  in the mortgage industry.
[01:08:55.120 --> 01:08:58.200]  And the more times the mortgage is sold,
[01:08:58.200 --> 01:09:01.320]  the more overbilling there is.
[01:09:01.320 --> 01:09:03.480]  So what we're in the process of doing
[01:09:03.480 --> 01:09:08.520]  is trying to set these guys up where when you go into court,
[01:09:08.520 --> 01:09:12.240]  like a federal court, and you allege fraud,
[01:09:12.240 --> 01:09:14.000]  then they can provide the program where
[01:09:14.000 --> 01:09:15.200]  you can prove that fraud.
[01:09:18.200 --> 01:09:23.080]  All right, that sounds like exactly what we want to do.
[01:09:23.080 --> 01:09:24.840]  We want to prove they're committing fraud
[01:09:24.840 --> 01:09:26.240]  because they are.
[01:09:26.240 --> 01:09:29.600]  Greg Chapman has called in one of our hosts on this network.
[01:09:29.600 --> 01:09:32.560]  He's one of the hosts on Agenda 21 Talk.
[01:09:32.560 --> 01:09:34.600]  Greg, thanks for calling in.
[01:09:34.600 --> 01:09:38.680]  You had some comments you wanted to say to Jay.
[01:09:38.680 --> 01:09:44.440]  Yeah, apparently, I guess they filed a case before you, Jay.
[01:09:44.440 --> 01:09:45.920]  Is that correct?
[01:09:45.920 --> 01:09:49.360]  You went on the defense?
[01:09:49.360 --> 01:09:51.720]  Yes.
[01:09:51.720 --> 01:10:00.880]  OK, now, and actually, Randy could actually
[01:10:00.880 --> 01:10:02.680]  clarify this better than me.
[01:10:02.680 --> 01:10:06.240]  But what we actually did was go on the offense.
[01:10:06.240 --> 01:10:10.000]  We filed a lawsuit in circuit court first.
[01:10:10.000 --> 01:10:14.720]  And I guess that really put the guy
[01:10:14.720 --> 01:10:17.920]  that they were foreclosing on, that put him in the driver's
[01:10:17.920 --> 01:10:23.080]  seat, because Mike has really controlled this thing
[01:10:23.080 --> 01:10:24.200]  throughout.
[01:10:24.200 --> 01:10:26.440]  And they're not able to answer.
[01:10:26.440 --> 01:10:28.160]  Of everything that they've answered,
[01:10:28.160 --> 01:10:31.680]  and they hired 42 attorneys, by the way,
[01:10:31.680 --> 01:10:35.920]  they have not been able to answer the promissory note
[01:10:35.920 --> 01:10:36.560]  portion.
[01:10:36.560 --> 01:10:40.400]  And it looks as though I think we've got them.
[01:10:40.400 --> 01:10:43.600]  But that was my main question.
[01:10:43.600 --> 01:10:45.520]  And my suggestion to anybody would
[01:10:45.520 --> 01:10:50.000]  be to go on the offense before the mortgage company gets
[01:10:50.000 --> 01:10:51.560]  a chance to do that.
[01:10:51.560 --> 01:10:54.040]  I'd say, well, you go on the offense as soon as possible,
[01:10:54.040 --> 01:10:55.120]  don't you, Randy?
[01:10:55.120 --> 01:10:58.240]  Yes, if it comes to you, you still
[01:10:58.240 --> 01:11:02.560]  have the option of turning into the plaintiff
[01:11:02.560 --> 01:11:08.160]  by filing a counterclaim against the mortgage company.
[01:11:08.160 --> 01:11:10.040]  You get to put them back on the defensive.
[01:11:10.040 --> 01:11:12.600]  And like Jay, in your case, where
[01:11:12.600 --> 01:11:18.640]  you have a judge supporting a clearly improper position,
[01:11:18.640 --> 01:11:20.720]  go for the judge.
[01:11:20.720 --> 01:11:25.280]  Yeah, and then I would recommend moving it to federal court.
[01:11:25.280 --> 01:11:32.360]  Yeah, and file a counterclaim making
[01:11:32.360 --> 01:11:34.760]  constitutional allegations that will get you
[01:11:34.760 --> 01:11:36.600]  to the federal court.
[01:11:36.600 --> 01:11:40.640]  And include the judge in the counterclaim
[01:11:40.640 --> 01:11:43.840]  accusing the judge of acting without subject matter
[01:11:43.840 --> 01:11:45.080]  jurisdiction.
[01:11:45.080 --> 01:11:48.680]  And therefore, he has no immunity from civil litigation.
[01:11:48.680 --> 01:11:50.680]  And what else you could do is you could also
[01:11:50.680 --> 01:11:52.960]  include the law firm itself.
[01:11:52.960 --> 01:11:57.640]  OK, because if they haven't produced the original note,
[01:11:57.640 --> 01:11:59.120]  then they knew or should have known
[01:11:59.120 --> 01:12:02.040]  that they were engaged in fraudulent proceedings.
[01:12:02.040 --> 01:12:05.240]  OK, so what I would do is when I file my counterclaim,
[01:12:05.240 --> 01:12:09.840]  I would include the law firm as one of the descendants.
[01:12:09.840 --> 01:12:14.320]  Hey, Jay, how much money is involved here?
[01:12:14.320 --> 01:12:17.320]  How much is their claim?
[01:12:17.320 --> 01:12:21.240]  They're saying it's $379,000.
[01:12:21.240 --> 01:12:24.160]  $379,000.
[01:12:24.160 --> 01:12:28.120]  You can, OK, look under the federal rules.
[01:12:28.120 --> 01:12:32.760]  Under diversity, anything over $75,000
[01:12:32.760 --> 01:12:38.280]  is you can remove it to federal court.
[01:12:38.280 --> 01:12:40.080]  That's if you have diversity.
[01:12:40.080 --> 01:12:41.480]  Federal allegations, too.
[01:12:41.480 --> 01:12:43.880]  That gives them grounds to remove it to federal court
[01:12:43.880 --> 01:12:45.000]  anyway, doesn't it?
[01:12:45.000 --> 01:12:45.600]  Exactly.
[01:12:45.600 --> 01:12:48.760]  If you can make a counterclaim with a federal claim
[01:12:48.760 --> 01:12:53.000]  in the counterclaim, a constitutional violation,
[01:12:53.000 --> 01:12:55.240]  and due process is one.
[01:12:55.240 --> 01:12:58.640]  In fact, it's the act, right.
[01:12:58.640 --> 01:13:00.800]  Right, so you make two allegations.
[01:13:00.800 --> 01:13:04.000]  You make the allegations of the amount in diversities
[01:13:04.000 --> 01:13:07.440]  over an amount in disputes over $75,000.
[01:13:07.440 --> 01:13:13.000]  That's one jurisdiction allegation.
[01:13:13.000 --> 01:13:15.000]  Second jurisdiction allegation is the fact
[01:13:15.000 --> 01:13:18.920]  that they violated federal law or the Constitution,
[01:13:18.920 --> 01:13:21.880]  and that gives you grounds to be in federal court.
[01:13:21.880 --> 01:13:26.120]  You can accuse the judge of denying your right
[01:13:26.120 --> 01:13:32.560]  to a fair and public trial by acting without subject matter
[01:13:32.560 --> 01:13:37.600]  jurisdiction and to be free from unreasonable search
[01:13:37.600 --> 01:13:38.800]  and seizure.
[01:13:38.800 --> 01:13:43.200]  So they're seizing your property without due process.
[01:13:43.200 --> 01:13:46.800]  The first thing the judge has to demonstrate
[01:13:46.800 --> 01:13:49.800]  is that he has the authority to stand before you,
[01:13:49.800 --> 01:13:51.920]  and he hasn't done that.
[01:13:51.920 --> 01:13:54.280]  So you make the constitutional claim.
[01:13:54.280 --> 01:13:56.920]  You include the judge in the claim.
[01:13:56.920 --> 01:14:00.200]  And the determination of whether or not it goes to the court
[01:14:00.200 --> 01:14:05.080]  is not what you can prove up, but the nature of the claim
[01:14:05.080 --> 01:14:07.280]  that you make.
[01:14:07.280 --> 01:14:12.800]  If you make a proper claim of a constitutional violation,
[01:14:12.800 --> 01:14:17.680]  then the other side can claim, well, that's not true,
[01:14:17.680 --> 01:14:18.720]  and he can't prove that.
[01:14:18.720 --> 01:14:20.600]  It makes no difference.
[01:14:20.600 --> 01:14:24.080]  It's a material fact in dispute.
[01:14:24.080 --> 01:14:27.160]  Therefore, there's no summary judgment.
[01:14:27.160 --> 01:14:29.560]  Then the judge has to hire his own attorney
[01:14:29.560 --> 01:14:31.400]  and adjudicate it in court.
[01:14:31.400 --> 01:14:33.640]  You don't care if you lose.
[01:14:33.640 --> 01:14:35.440]  You don't care about the judge anyway.
[01:14:35.440 --> 01:14:37.680]  You just get to kick his behind real good,
[01:14:37.680 --> 01:14:39.240]  and the next judge is not going to want
[01:14:39.240 --> 01:14:44.200]  to get in the same bucket with this judge.
[01:14:44.200 --> 01:14:46.600]  Does that make sense?
[01:14:46.600 --> 01:14:48.520]  OK, yes, it does.
[01:14:48.520 --> 01:14:50.520]  Yeah, when you talk to attorneys,
[01:14:50.520 --> 01:14:54.320]  they only think in terms of what they can win.
[01:14:54.320 --> 01:14:57.040]  This is about politics.
[01:14:57.040 --> 01:15:00.640]  And right now, the politics is working against you
[01:15:00.640 --> 01:15:04.280]  because the judge is ruling in favor of the guys
[01:15:04.280 --> 01:15:06.600]  who have the big money.
[01:15:06.600 --> 01:15:09.440]  So you turn the politics back on the judge
[01:15:09.440 --> 01:15:13.120]  by reaching into his pocket and forcing him
[01:15:13.120 --> 01:15:16.240]  to have to hire his own attorney.
[01:15:16.240 --> 01:15:20.960]  That will give you some leverage before the court.
[01:15:20.960 --> 01:15:24.400]  Won't make them happy, but they don't need to like you anyway.
[01:15:24.400 --> 01:15:27.400]  Well, you know, this isn't a game of popularity.
[01:15:27.400 --> 01:15:29.480]  It's a game of winning.
[01:15:29.480 --> 01:15:31.560]  So what do you mean?
[01:15:31.560 --> 01:15:33.600]  So where do I go for the forms and stuff like that?
[01:15:33.600 --> 01:15:38.880]  Because I don't know what forms to get or what to fill out.
[01:15:38.880 --> 01:15:40.800]  I have no idea.
[01:15:40.800 --> 01:15:43.000]  The federal forms, there's a company
[01:15:43.000 --> 01:15:45.600]  called O'Connor's Federal Forms and Federal Rules,
[01:15:45.600 --> 01:15:46.080]  I assume.
[01:15:49.080 --> 01:15:49.880]  Did I lose you?
[01:15:49.880 --> 01:15:53.000]  Yeah, OK, O'Connor's Federal Forms,
[01:15:53.000 --> 01:15:55.520]  O'Connor's Federal Rules, you can look them up online.
[01:15:55.520 --> 01:15:57.640]  They're in Houston.
[01:15:57.640 --> 01:15:58.280]  OK.
[01:15:58.280 --> 01:15:59.640]  You need both books.
[01:15:59.640 --> 01:16:03.080]  I think they're like about $60 a piece, $70 a piece.
[01:16:03.080 --> 01:16:06.360]  OK, you need the federal rules, which give you all the case
[01:16:06.360 --> 01:16:07.360]  law.
[01:16:07.360 --> 01:16:07.880]  Right.
[01:16:07.880 --> 01:16:11.760]  You need the federal forms, and they come in this form also.
[01:16:11.760 --> 01:16:13.840]  OK, so you can load the disk, and you
[01:16:13.840 --> 01:16:16.160]  can manipulate the forms in Word,
[01:16:16.160 --> 01:16:17.480]  and then you can fill in the form
[01:16:17.480 --> 01:16:19.720]  and then file the complaint.
[01:16:19.720 --> 01:16:21.960]  OK, so everything's on those books then?
[01:16:21.960 --> 01:16:24.160]  Everything that you want to know about federal courts
[01:16:24.160 --> 01:16:27.360]  is in those books.
[01:16:27.360 --> 01:16:29.240]  All right, so that basically takes
[01:16:29.240 --> 01:16:31.360]  care of part of the mortgage stuff.
[01:16:31.360 --> 01:16:37.080]  Now, as far as, I don't know if Randy sent you my email.
[01:16:37.080 --> 01:16:39.320]  I don't remember seeing it yet.
[01:16:39.320 --> 01:16:41.200]  OK, does this take three?
[01:16:41.200 --> 01:16:42.880]  OK, listen, listen, we're going to break.
[01:16:42.880 --> 01:16:45.200]  Jay, do you want to stay on the line?
[01:16:45.200 --> 01:16:46.000]  Yes, I do.
[01:16:46.000 --> 01:16:48.000]  OK, also, we have Christian from Florida.
[01:16:48.000 --> 01:16:49.320]  Christian, we'll take you next.
[01:16:49.320 --> 01:16:50.760]  We'll be right back.
[01:16:50.760 --> 01:16:54.240]  OK.
[01:16:54.240 --> 01:16:54.720]  Go on.
[01:16:59.720 --> 01:17:01.640]  Are you looking for an investment that
[01:17:01.640 --> 01:17:05.440]  has no stock market risk, has a 100% track
[01:17:05.440 --> 01:17:07.840]  record of returning profits, is not
[01:17:07.840 --> 01:17:11.880]  affected by fluctuations in oil prices and interest rates,
[01:17:11.880 --> 01:17:14.760]  is publicly traded and SEC regulated?
[01:17:14.760 --> 01:17:17.560]  If this kind of peace of mind is what you have been looking
[01:17:17.560 --> 01:17:20.280]  for in an investment, then life settlements
[01:17:20.280 --> 01:17:22.080]  is the investment for you.
[01:17:22.080 --> 01:17:25.960]  Our annual rate of return has been 15.83%
[01:17:25.960 --> 01:17:28.040]  for the last 17 years.
[01:17:28.040 --> 01:17:30.720]  Our investments are insurance and banking commission
[01:17:30.720 --> 01:17:31.800]  regulated.
[01:17:31.800 --> 01:17:35.560]  Our returns are assured by the largest insurance companies.
[01:17:35.560 --> 01:17:39.720]  Even qualified retirement plans, such as 401Ks and IRAs,
[01:17:39.720 --> 01:17:41.760]  are eligible for transfer.
[01:17:41.760 --> 01:17:44.120]  We charge absolutely no commissions.
[01:17:44.120 --> 01:17:47.240]  100% of your investment goes to work for you.
[01:17:47.240 --> 01:17:51.040]  Please visit sleepwellinvestment.com
[01:17:51.040 --> 01:17:56.880]  or call Bill Schober at 817-975-2431.
[01:17:56.880 --> 01:18:04.960]  That's sleepwellinvestment.com or call 817-975-2431.
[01:18:04.960 --> 01:18:21.240]  Ain't going to blame me, don't blame me.
[01:18:21.240 --> 01:18:30.200]  Well, ain't going to fool me with that same old truth again.
[01:18:30.200 --> 01:18:35.200]  I was blindsided, but now I can see you again.
[01:18:35.200 --> 01:18:40.200]  You put the fear in my pocket, and took the money from my hand.
[01:18:40.200 --> 01:18:44.680]  Ain't going to fool me with that same old trick again.
[01:18:48.680 --> 01:18:50.680]  Ain't going to fool me.
[01:18:50.680 --> 01:18:51.680]  OK, we are back.
[01:18:51.680 --> 01:18:55.680]  The rule of law, Randy Kelton and Deborah Stevens.
[01:18:55.680 --> 01:18:57.680]  We're here with our guest, Tony Davis,
[01:18:57.680 --> 01:19:01.680]  and also one of our other hosts, Greg Chapman,
[01:19:01.680 --> 01:19:03.680]  from Agenda 21 Talk.
[01:19:03.680 --> 01:19:06.680]  His show is on Tuesday nights from 8 to 10
[01:19:06.680 --> 01:19:11.680]  and Friday nights from 6 to 8, talking about Agenda 21,
[01:19:11.680 --> 01:19:14.680]  the UN General Assembly meeting.
[01:19:14.680 --> 01:19:21.680]  Tuesday nights from 6 to 10 and Friday nights from 6 to 8, talking about Agenda 21,
[01:19:21.680 --> 01:19:26.680]  the UN policies infiltrating down to our local level
[01:19:26.680 --> 01:19:28.680]  and talking about commercial law as well.
[01:19:28.680 --> 01:19:30.680]  So thanks for joining us tonight, Greg.
[01:19:30.680 --> 01:19:35.680]  And we're speaking with Jay in New York.
[01:19:35.680 --> 01:19:36.680]  Jay.
[01:19:36.680 --> 01:19:38.680]  Yes.
[01:19:38.680 --> 01:19:40.680]  OK, you had another question?
[01:19:40.680 --> 01:19:44.680]  Basically, I don't know if you guys remember, but I called in about the federal case
[01:19:44.680 --> 01:19:46.680]  that I'm facing right now, the conspiracy.
[01:19:46.680 --> 01:19:49.680]  OK.
[01:19:49.680 --> 01:19:51.680]  I don't know which way to go with this.
[01:19:51.680 --> 01:19:56.680]  You know, I'm lost, but I got a legal aid.
[01:19:56.680 --> 01:19:58.680]  Yes, OK.
[01:19:58.680 --> 01:20:03.680]  The last time you called me, you were going to an arraignment hearing?
[01:20:03.680 --> 01:20:06.680]  Some type of conference with the judge, yes.
[01:20:06.680 --> 01:20:08.680]  That was yesterday, by the way.
[01:20:08.680 --> 01:20:10.680]  What happened at the conference?
[01:20:10.680 --> 01:20:14.680]  Basically, all they talked about was just other guys that are involved in the indictment,
[01:20:14.680 --> 01:20:16.680]  their bails, and how they could get them out,
[01:20:16.680 --> 01:20:21.680]  and how the prosecutor wanted to keep them in because of their flight risk and whatnot.
[01:20:21.680 --> 01:20:24.680]  And they just made a whole bunch of pleas, and that was it.
[01:20:24.680 --> 01:20:28.680]  OK, so most of the other people fled in this case?
[01:20:28.680 --> 01:20:29.680]  Right.
[01:20:29.680 --> 01:20:31.680]  You know, they said not guilty or whatnot.
[01:20:31.680 --> 01:20:32.680]  And that was it.
[01:20:32.680 --> 01:20:34.680]  It was kind of like a one, two, three thing.
[01:20:34.680 --> 01:20:37.680]  And what did you do in the arraignment?
[01:20:37.680 --> 01:20:39.680]  Last week, I was just there with my lawyer,
[01:20:39.680 --> 01:20:44.680]  and he was just telling me about the case or whatnot, but I had a lot of questions for him.
[01:20:44.680 --> 01:20:46.680]  He didn't want to get me.
[01:20:46.680 --> 01:20:49.680]  He just, I know he's definitely working for them, you know what I mean?
[01:20:49.680 --> 01:20:52.680]  Because I asked him for my case file, you know, copies of everything,
[01:20:52.680 --> 01:20:54.680]  and he just kind of played stupid for me.
[01:20:54.680 --> 01:20:58.680]  And I was like, you know, I just want, he just gave me basically a copy of the indictment.
[01:20:58.680 --> 01:20:59.680]  And I was like, what about everything else?
[01:20:59.680 --> 01:21:01.680]  I want to see your copies of everything.
[01:21:01.680 --> 01:21:06.680]  And he just kind of played stupid and just walked back in the courtroom.
[01:21:06.680 --> 01:21:10.680]  And then by the time I knew it, they were talking about the other guys that are in the case
[01:21:10.680 --> 01:21:12.680]  that were, I guess, still behind bars.
[01:21:12.680 --> 01:21:16.680]  And it is, you know, the plea.
[01:21:16.680 --> 01:21:17.680]  That's what it was.
[01:21:17.680 --> 01:21:18.680]  Okay.
[01:21:18.680 --> 01:21:20.680]  This is a quarter-pointed attorney, right?
[01:21:20.680 --> 01:21:21.680]  Yeah.
[01:21:21.680 --> 01:21:22.680]  Okay.
[01:21:22.680 --> 01:21:23.680]  Okay.
[01:21:23.680 --> 01:21:25.680]  Well, he works for the government.
[01:21:25.680 --> 01:21:26.680]  Yeah.
[01:21:26.680 --> 01:21:29.680]  He's not your bud.
[01:21:29.680 --> 01:21:30.680]  No, he's not.
[01:21:30.680 --> 01:21:31.680]  Okay.
[01:21:31.680 --> 01:21:36.680]  You were right, starting early, wanting everything in the case.
[01:21:36.680 --> 01:21:37.680]  Mm-hmm.
[01:21:37.680 --> 01:21:41.680]  Since you're in New York, it's a little more difficult.
[01:21:41.680 --> 01:21:45.680]  Have you written up a narrative?
[01:21:45.680 --> 01:21:46.680]  The journal?
[01:21:46.680 --> 01:21:52.680]  A narrative of what happened, the facts to date?
[01:21:52.680 --> 01:21:54.680]  The second day, no, I'm missing a couple of days.
[01:21:54.680 --> 01:21:56.680]  But I have been keeping a little journal.
[01:21:56.680 --> 01:21:59.680]  If you write up a narrative and then send it over, I'll take a look at it
[01:21:59.680 --> 01:22:01.680]  and I'll show you what needs to be done.
[01:22:01.680 --> 01:22:02.680]  Yeah.
[01:22:02.680 --> 01:22:04.680]  Tell us a story.
[01:22:04.680 --> 01:22:08.680]  Tell us a good, interesting story that has all the pieces in it.
[01:22:08.680 --> 01:22:12.680]  There's nothing better for your case that you can do
[01:22:12.680 --> 01:22:20.680]  than writing everything down in as minute a detail as you possibly can.
[01:22:20.680 --> 01:22:22.680]  The other side's not going to do that.
[01:22:22.680 --> 01:22:27.680]  They'll wind up getting their facts out of place and misconstrued.
[01:22:27.680 --> 01:22:30.680]  And if you have a well-written narrative,
[01:22:30.680 --> 01:22:34.680]  your facts will always be exactly in order.
[01:22:34.680 --> 01:22:37.680]  Your facts will never change.
[01:22:37.680 --> 01:22:40.680]  And at the very least, you will sound believable
[01:22:40.680 --> 01:22:42.680]  because your story never changes.
[01:22:42.680 --> 01:22:46.680]  Yeah, and you'll probably be able to bust these other guys in a lie, too,
[01:22:46.680 --> 01:22:47.680]  or several.
[01:22:47.680 --> 01:22:48.680]  Okay.
[01:22:48.680 --> 01:22:55.680]  And also, there are things you don't know to pay attention to.
[01:22:55.680 --> 01:23:01.680]  And when you write up a good narrative,
[01:23:01.680 --> 01:23:05.680]  Tony Davis has been working in the federal arena.
[01:23:05.680 --> 01:23:07.680]  He's going to look at your narrative,
[01:23:07.680 --> 01:23:11.680]  and he's going to have questions about things you probably never thought of
[01:23:11.680 --> 01:23:13.680]  because he'll see the gaps where they belong
[01:23:13.680 --> 01:23:16.680]  and ask you questions about stuff you hadn't thought of
[01:23:16.680 --> 01:23:21.680]  that go to some real issues that may help you more than you expect.
[01:23:21.680 --> 01:23:24.680]  So a narrative is the most valuable thing you can do.
[01:23:24.680 --> 01:23:29.680]  There are several basic rules that you follow in these criminal cases.
[01:23:29.680 --> 01:23:34.680]  Okay, with your attorney, when you start asking him questions, you watch his eyes.
[01:23:34.680 --> 01:23:37.680]  Okay, and if you pay attention to his eyes,
[01:23:37.680 --> 01:23:40.680]  then you'll know if he's lying to you or not.
[01:23:40.680 --> 01:23:45.680]  Okay, and that's the first sign that you've got a real problem.
[01:23:45.680 --> 01:23:47.680]  Okay, number two, he works for the government.
[01:23:47.680 --> 01:23:48.680]  He doesn't work for you.
[01:23:48.680 --> 01:23:50.680]  He doesn't get paid by you.
[01:23:50.680 --> 01:23:51.680]  Right.
[01:23:51.680 --> 01:23:57.680]  Number three, 98.6% of all criminal cases in the United States
[01:23:57.680 --> 01:24:02.680]  where an attorney is involved result in convictions.
[01:24:02.680 --> 01:24:06.680]  In other words, you have a better aunt in Las Vegas.
[01:24:06.680 --> 01:24:08.680]  Yeah, so what good are they?
[01:24:08.680 --> 01:24:15.680]  Yeah, so the only thing they are there for is to get a plea bargain for the government.
[01:24:15.680 --> 01:24:17.680]  Let me give you a simple example.
[01:24:17.680 --> 01:24:21.680]  We were brought in on the Joe Prokop games.
[01:24:21.680 --> 01:24:25.680]  He was a former football player, a player, been in the NFL for seven years,
[01:24:25.680 --> 01:24:30.680]  and then he got involved and he was a sales manager for this tax program,
[01:24:30.680 --> 01:24:39.680]  and he had gotten reference letters and authentications from two major law firms.
[01:24:39.680 --> 01:24:45.680]  One of the former IRS commissioners on the board of directors, he had signed off on it,
[01:24:45.680 --> 01:24:49.680]  and all of a sudden they decided they didn't like the fact that this program was too good or something,
[01:24:49.680 --> 01:24:54.680]  so they decided to go after everybody and they went after Prokop because he was high profile.
[01:24:54.680 --> 01:25:00.680]  So the first time I talked to him, he said, look, I've got an attorney, and I said, that's good.
[01:25:00.680 --> 01:25:08.680]  He said, well, the problem is the attorney told me that I can sign a plea agreement today for five years
[01:25:08.680 --> 01:25:13.680]  or tomorrow I can sign a plea agreement for 20 years.
[01:25:13.680 --> 01:25:16.680]  And he said, I have to waive my rights to indictment.
[01:25:16.680 --> 01:25:19.680]  I have to waive all my rights to prearrayment,
[01:25:19.680 --> 01:25:25.680]  and I have to agree to go ahead and just enter my plea and go to prison.
[01:25:25.680 --> 01:25:28.680]  And I said, well, here's my first question.
[01:25:28.680 --> 01:25:35.680]  How is it that a prosecutor can determine how much time you're going to get?
[01:25:35.680 --> 01:25:39.680]  Okay, question number two.
[01:25:39.680 --> 01:25:44.680]  If they're offering you a plea agreement, why don't you get it in writing?
[01:25:44.680 --> 01:25:49.680]  Because if they're saying your plea is worth five years right now,
[01:25:49.680 --> 01:25:55.680]  get it in writing and then go to trial because they can't penalize you for your right to go to trial.
[01:25:55.680 --> 01:25:59.680]  That's a constitutional right.
[01:25:59.680 --> 01:26:01.680]  Oh, well, my attorney never told me that.
[01:26:01.680 --> 01:26:04.680]  Well, it would be no surprise.
[01:26:04.680 --> 01:26:05.680]  Okay.
[01:26:05.680 --> 01:26:10.680]  And I said the third thing is, and I said they're claiming that if you don't do this,
[01:26:10.680 --> 01:26:13.680]  they're going to indict you.
[01:26:13.680 --> 01:26:14.680]  Okay.
[01:26:14.680 --> 01:26:18.680]  I said then what you need to do is you need to send a letter, okay,
[01:26:18.680 --> 01:26:27.680]  to the grand jury foreman care of the prosecutor that you have exculpatory evidence in your case.
[01:26:27.680 --> 01:26:28.680]  Okay.
[01:26:28.680 --> 01:26:32.680]  And you need to notify them that you're willing to produce that evidence, okay,
[01:26:32.680 --> 01:26:37.680]  because the U.S. prosecutor's manual requires that if a U.S. attorney is given notice
[01:26:37.680 --> 01:26:40.680]  of exculpatory evidence while he's in grand jury proceedings,
[01:26:40.680 --> 01:26:46.680]  he's supposed to stop all proceedings and he's supposed to investigate.
[01:26:46.680 --> 01:26:48.680]  Okay.
[01:26:48.680 --> 01:26:50.680]  And I said how long have they been working on this case?
[01:26:50.680 --> 01:26:54.680]  And he said five years.
[01:26:54.680 --> 01:26:55.680]  Okay.
[01:26:55.680 --> 01:26:58.680]  And I said well, go ahead and send the notice that you have exculpatory evidence
[01:26:58.680 --> 01:27:00.680]  and you're willing to present it.
[01:27:00.680 --> 01:27:03.680]  And I said then you need to send a second letter.
[01:27:03.680 --> 01:27:07.680]  You need to send a letter saying that a lot of these exculpatory evidence
[01:27:07.680 --> 01:27:09.680]  that I'm willing to present is in your records
[01:27:09.680 --> 01:27:14.680]  and I want it now in order to present it to the grand jury.
[01:27:14.680 --> 01:27:18.680]  Well, you know, these guys, you know, some of these guys are candle jockeys,
[01:27:18.680 --> 01:27:23.680]  so what they did is they indicted him in one day.
[01:27:23.680 --> 01:27:24.680]  Okay.
[01:27:24.680 --> 01:27:25.680]  Now listen to this.
[01:27:25.680 --> 01:27:27.680]  They have a five-year investigation.
[01:27:27.680 --> 01:27:30.680]  The grand jury typically convenes at 10 o'clock in the morning,
[01:27:30.680 --> 01:27:33.680]  takes a two-hour lunch and leaves at 4 o'clock in the afternoon.
[01:27:33.680 --> 01:27:39.680]  So they take five years of evidence and indict someone in one day.
[01:27:39.680 --> 01:27:40.680]  Okay.
[01:27:40.680 --> 01:27:46.680]  So I say Joe, that's absolute total bull.
[01:27:46.680 --> 01:27:47.680]  Okay.
[01:27:47.680 --> 01:27:50.680]  I said somebody railroaded the grand jury proceedings,
[01:27:50.680 --> 01:27:52.680]  so you need to get copies of them.
[01:27:52.680 --> 01:27:53.680]  Okay.
[01:27:53.680 --> 01:27:55.680]  So we prepare a bunch of motions for Joe.
[01:27:55.680 --> 01:27:56.680]  Okay.
[01:27:56.680 --> 01:28:01.680]  He goes into his arraignment proceedings, okay,
[01:28:01.680 --> 01:28:04.680]  and the court says we're appointing you this counsel.
[01:28:04.680 --> 01:28:06.680]  It's a female.
[01:28:06.680 --> 01:28:07.680]  Okay.
[01:28:07.680 --> 01:28:09.680]  So therefore this is going to be your counsel.
[01:28:09.680 --> 01:28:11.680]  He said I don't want counsel.
[01:28:11.680 --> 01:28:14.680]  And the judge says, I think it's a female judge says,
[01:28:14.680 --> 01:28:17.680]  well, you're going to get counsel and this is your counsel.
[01:28:17.680 --> 01:28:20.680]  And he says, well, I have a right to represent myself.
[01:28:20.680 --> 01:28:21.680]  I don't want counsel.
[01:28:21.680 --> 01:28:23.680]  And here's all my motions I'm ready to file,
[01:28:23.680 --> 01:28:27.680]  including motions for all the grand jury records.
[01:28:27.680 --> 01:28:29.680]  And the judge says, no, no, no, you're getting counsel.
[01:28:29.680 --> 01:28:32.680]  We'll let your counsel have everything.
[01:28:32.680 --> 01:28:35.680]  So Joe calls me at break and says, what do I do?
[01:28:35.680 --> 01:28:39.680]  And I said, interview your counsel.
[01:28:39.680 --> 01:28:40.680]  And he says, what do I ask?
[01:28:40.680 --> 01:28:43.680]  And I said, ask a couple of questions.
[01:28:43.680 --> 01:28:46.680]  All you need to ask is two, but I'll give you some more.
[01:28:46.680 --> 01:28:49.680]  The first question you ask of this counsel is,
[01:28:49.680 --> 01:28:53.680]  will you certify before the court that you will uphold my
[01:28:53.680 --> 01:28:57.680]  constitutional rights?
[01:28:57.680 --> 01:29:02.680]  The second question you ask is, what is my remedy?
[01:29:02.680 --> 01:29:03.680]  Okay.
[01:29:03.680 --> 01:29:05.680]  So he says, I want to interview counsel.
[01:29:05.680 --> 01:29:06.680]  The judge is sure.
[01:29:06.680 --> 01:29:07.680]  Go ahead.
[01:29:07.680 --> 01:29:09.680]  Go out in the lobby, sit down with your counsel,
[01:29:09.680 --> 01:29:12.680]  interview her and then come back in.
[01:29:12.680 --> 01:29:14.680]  So he goes in.
[01:29:14.680 --> 01:29:16.680]  He goes out in the lobby with his counsel,
[01:29:16.680 --> 01:29:19.680]  sits down with her and ask her the first question,
[01:29:19.680 --> 01:29:23.680]  will you certify before the court that you will uphold my
[01:29:23.680 --> 01:29:27.680]  constitutional rights?
[01:29:27.680 --> 01:29:30.680]  The attorney gets up and says, I can't represent you
[01:29:30.680 --> 01:29:33.680]  and turns around and walks away.
[01:29:33.680 --> 01:29:36.680]  Wow.
[01:29:36.680 --> 01:29:40.680]  That's great.
[01:29:40.680 --> 01:29:44.680]  Jay, you're going to want to talk to Tony.
[01:29:44.680 --> 01:29:46.680]  He will give you a lot of tools.
[01:29:46.680 --> 01:29:47.680]  That's great.
[01:29:47.680 --> 01:29:50.680]  Okay.
[01:29:50.680 --> 01:29:53.680]  I'll be happy to point you in the right direction.
[01:29:53.680 --> 01:29:57.680]  Just go to the website, send me an email.
[01:29:57.680 --> 01:30:00.680]  I'll forward it to Tony so he can get back to you.
[01:30:00.680 --> 01:30:01.680]  Okay, good.
[01:30:01.680 --> 01:30:03.680]  I sent you one already, Randy, on Monday.
[01:30:03.680 --> 01:30:04.680]  Okay.
[01:30:04.680 --> 01:30:07.680]  Randy is out of town right now, so why don't you try him again
[01:30:07.680 --> 01:30:11.680]  or you can send me direct if you want to, if it's okay with Randy.
[01:30:11.680 --> 01:30:12.680]  Yeah, absolutely.
[01:30:12.680 --> 01:30:18.680]  Okay, that's ILS like India Larry Sam Services with an S at the end,
[01:30:18.680 --> 01:30:22.680]  INC like Incorporated at yahoo.com.
[01:30:22.680 --> 01:30:27.680]  Okay, so it's ILS like India Larry Sam Services with an S?
[01:30:27.680 --> 01:30:41.680]  Yeah, ILS like INC like Incorporated at yahoo.com.
[01:30:41.680 --> 01:30:48.680]  All right, and it's one more time, I'm sorry, ILS and then services or S as in services?
[01:30:48.680 --> 01:30:51.680]  No, ILS and services with an S at the end.
[01:30:51.680 --> 01:30:56.680]  Yes, so there's two S's, ILSSERVICES.
[01:30:56.680 --> 01:30:59.680]  INC at yahoo.com.
[01:30:59.680 --> 01:31:01.680]  yahoo.com, right.
[01:31:01.680 --> 01:31:05.680]  Send me an email and I'll get with you and we'll discuss strategy, okay?
[01:31:05.680 --> 01:31:06.680]  I appreciate it a lot, Tony.
[01:31:06.680 --> 01:31:07.680]  Thank you very much.
[01:31:07.680 --> 01:31:08.680]  You're welcome.
[01:31:08.680 --> 01:31:09.680]  Okay.
[01:31:09.680 --> 01:31:12.680]  Big shout out to Rob at some Texas that put me up to this whole floor.
[01:31:12.680 --> 01:31:14.680]  Well, okay, good.
[01:31:14.680 --> 01:31:15.680]  Thank you.
[01:31:15.680 --> 01:31:16.680]  All right.
[01:31:16.680 --> 01:31:17.680]  Okay, great.
[01:31:17.680 --> 01:31:18.680]  Bye-bye.
[01:31:18.680 --> 01:31:22.680]  Okay, we are going to go now to Christian in Florida.
[01:31:22.680 --> 01:31:23.680]  Hey, Christian.
[01:31:23.680 --> 01:31:24.680]  Hi, Deborah.
[01:31:24.680 --> 01:31:25.680]  Hi, Randy.
[01:31:25.680 --> 01:31:26.680]  How are you doing?
[01:31:26.680 --> 01:31:27.680]  Hi.
[01:31:27.680 --> 01:31:28.680]  Hi, Tony Davis.
[01:31:28.680 --> 01:31:29.680]  How are you?
[01:31:29.680 --> 01:31:30.680]  I'm fine.
[01:31:30.680 --> 01:31:34.680]  I've been running across a lot of people here in Florida that are in mortgage foreclosures.
[01:31:34.680 --> 01:31:39.680]  Their property's gone for sale and the plaintiff has rid of possession.
[01:31:39.680 --> 01:31:40.680]  Okay.
[01:31:40.680 --> 01:31:45.680]  And I'd like to talk about temporary restraining orders, ex parte without notice.
[01:31:45.680 --> 01:31:46.680]  Okay.
[01:31:46.680 --> 01:31:51.680]  Does a true action have to be filed with the original complaint?
[01:31:51.680 --> 01:31:52.680]  Well, no, it doesn't.
[01:31:52.680 --> 01:31:55.680]  You can file a TRO before the complaint.
[01:31:55.680 --> 01:31:59.680]  So as long as you've got a verified pleading or a verified motion or an affidavit in support of?
[01:31:59.680 --> 01:32:01.680]  Yeah, let me tell you the trick about TROs.
[01:32:01.680 --> 01:32:03.680]  You're talking about filing in federal court?
[01:32:03.680 --> 01:32:04.680]  This would be in state.
[01:32:04.680 --> 01:32:05.680]  Okay.
[01:32:05.680 --> 01:32:15.680]  Well, one of the things that is a question mark regarding TROs is that sometimes the court requires a bond when you file a TRO.
[01:32:15.680 --> 01:32:16.680]  Right.
[01:32:16.680 --> 01:32:17.680]  Okay.
[01:32:17.680 --> 01:32:19.680]  So the question is how do you get around the bond?
[01:32:19.680 --> 01:32:27.680]  Well, you know, one way to get around the bond is you just say that you want to put the property in the court's possession until the issue is resolved.
[01:32:27.680 --> 01:32:28.680]  Okay.
[01:32:28.680 --> 01:32:36.680]  All right, and then, you know, you want the right to stay there, but, you know, you want the property to be held in the court's possession.
[01:32:36.680 --> 01:32:39.680]  There's a couple other cases that allow you to get around the bond.
[01:32:39.680 --> 01:32:48.680]  So it's still a little tricky, but, you know, TROs, you know, definitely work and they're ex parte if you do them properly.
[01:32:48.680 --> 01:32:51.680]  So you don't even have to notify the other party.
[01:32:51.680 --> 01:32:56.680]  Is there a good way to get around the notification where they ask for verification of the other party?
[01:32:56.680 --> 01:33:00.680]  Well, you don't have to notify the other party on a TRO.
[01:33:00.680 --> 01:33:07.680]  I understand that, but they want to know the reasons why you haven't communicated with them.
[01:33:07.680 --> 01:33:08.680]  Well...
[01:33:08.680 --> 01:33:11.680]  Is there a good reason to put it in the place of that?
[01:33:11.680 --> 01:33:21.680]  Yeah, I would say that, I mean, we just did one, okay, and the argument on this was that we're moving the case to federal court
[01:33:21.680 --> 01:33:28.680]  because the plaintiff has violated numerous federal statutes and numerous federal laws.
[01:33:28.680 --> 01:33:37.680]  Okay, and then we listed the laws, like the Fair Debt Collection Practices Act, and you can't get up in the morning without violating that.
[01:33:37.680 --> 01:33:40.680]  Okay, and then, you know, we claimed usury.
[01:33:40.680 --> 01:33:47.680]  You know, that's maybe a stretch, maybe not, because we know all these companies overbill and overcharge.
[01:33:47.680 --> 01:33:53.680]  Okay, and then we claim fraud on its face because they can't produce the original note.
[01:33:53.680 --> 01:33:56.680]  I haven't found anybody that can find the original note.
[01:33:56.680 --> 01:33:57.680]  Right.
[01:33:57.680 --> 01:34:03.680]  Okay, anyway, and then, you know, just a variety of other things, but, you know, we basically said,
[01:34:03.680 --> 01:34:08.680]  look, we need this temporary restraining order to prevent them from going forward,
[01:34:08.680 --> 01:34:14.680]  and one of the reasons we need it is because we're now in the process of filing in federal court a cross-claim,
[01:34:14.680 --> 01:34:20.680]  and we're claiming fraud. You know, you could claim RICO, but RICO is a little more tricky, okay?
[01:34:20.680 --> 01:34:25.680]  But, I mean, make it colorful enough that the judge will say, well, I have no choice.
[01:34:25.680 --> 01:34:31.680]  I have to stop these people from doing this because they might be the criminals.
[01:34:31.680 --> 01:34:36.680]  Well, we're talking about coming in with an independent action on a quiet title, an abusive process,
[01:34:36.680 --> 01:34:40.680]  a fraud and inducement, no standing and damages and injunctive relief.
[01:34:40.680 --> 01:34:42.680]  That's fine. Are you going to put it in federal court or state court?
[01:34:42.680 --> 01:34:43.680]  State court.
[01:34:43.680 --> 01:34:45.680]  Why are you going to do that?
[01:34:45.680 --> 01:34:47.680]  It was in a lower court to begin with.
[01:34:47.680 --> 01:34:53.680]  I understand, but, you know, the standard rule, okay, if you're fighting these kind of things,
[01:34:53.680 --> 01:34:57.680]  if it's in state court, you move it to federal. If it's in federal, you move it to state.
[01:34:57.680 --> 01:35:00.680]  Well, it started out in county, so we went to state.
[01:35:00.680 --> 01:35:01.680]  So you went to district court then?
[01:35:01.680 --> 01:35:02.680]  Yeah.
[01:35:02.680 --> 01:35:05.680]  Okay. Well, I mean, you can leave it there if you want to.
[01:35:05.680 --> 01:35:07.680]  We had to go one more, but you go to federal after that.
[01:35:07.680 --> 01:35:14.680]  Yeah. I mean, yeah, if you've got enough time, you can, you know, play it for what it is in the state court.
[01:35:14.680 --> 01:35:22.680]  My understanding about the courts in Florida is that they're not the most reliable courts in the country.
[01:35:22.680 --> 01:35:24.680]  I'm trying to be nice about what I'm saying.
[01:35:24.680 --> 01:35:25.680]  Right. I know.
[01:35:25.680 --> 01:35:26.680]  But...
[01:35:26.680 --> 01:35:27.680]  Had that experience.
[01:35:27.680 --> 01:35:32.680]  Anyway, I mean, if you want to stay in those courts and stay in them and, you know, wish for the best,
[01:35:32.680 --> 01:35:37.680]  but I think, you know, you've got a better chance in the federal courts where at least, you know,
[01:35:37.680 --> 01:35:41.680]  the judges are somewhat overseen.
[01:35:41.680 --> 01:35:49.680]  Well, as a...in this district here in Florida where we're at, there are four elements to the TRO action where they must,
[01:35:49.680 --> 01:35:55.680]  number one, put a clear right, and two, have irreparable injury show that it's...if it's not issued,
[01:35:55.680 --> 01:36:00.680]  and three, would be inadequate remedy at law, and four, that the public interest will be served.
[01:36:00.680 --> 01:36:03.680]  And my question is on the irreparable injury.
[01:36:03.680 --> 01:36:04.680]  Right.
[01:36:04.680 --> 01:36:09.680]  It's my understanding that the irreparable injury would be more like a psychological damage
[01:36:09.680 --> 01:36:11.680]  that you couldn't put a monetary value on that.
[01:36:11.680 --> 01:36:16.680]  No, the irreparable injury is that you have a home, and you're going to lose it,
[01:36:16.680 --> 01:36:21.680]  and you're not going to be able to get another home, okay, because of the damage created by the planet.
[01:36:21.680 --> 01:36:23.680]  Right. You'd be thrown out in the street.
[01:36:23.680 --> 01:36:25.680]  You'd be psychologically harmed.
[01:36:25.680 --> 01:36:28.680]  Well, I mean, you know, first of all, okay, how are you going to get an apartment, okay?
[01:36:28.680 --> 01:36:31.680]  Now your credit's screwed up.
[01:36:31.680 --> 01:36:34.680]  So how are you going to possibly...you're going to go apply for an apartment somewhere,
[01:36:34.680 --> 01:36:37.680]  and they're going to come back and say, well, you didn't make your mortgage payment,
[01:36:37.680 --> 01:36:38.680]  so we're going to give you one.
[01:36:38.680 --> 01:36:39.680]  Right.
[01:36:39.680 --> 01:36:40.680]  Okay.
[01:36:40.680 --> 01:36:42.680]  And if you want to get another home, how are you going to do that?
[01:36:42.680 --> 01:36:43.680]  Okay.
[01:36:43.680 --> 01:36:48.680]  It's going to be 10 years before you're able to qualify for another mortgage if that's the case.
[01:36:48.680 --> 01:36:49.680]  Okay.
[01:36:49.680 --> 01:36:53.680]  So the irreparable injury is the fact that you're going to lose your home,
[01:36:53.680 --> 01:36:56.680]  you're not going to have a place to live, okay,
[01:36:56.680 --> 01:37:00.680]  and that's against public policy for you not to have a place to live.
[01:37:00.680 --> 01:37:01.680]  Okay.
[01:37:01.680 --> 01:37:03.680]  So you're going to tie that in with the fourth element, public interest.
[01:37:03.680 --> 01:37:04.680]  Public policy.
[01:37:04.680 --> 01:37:06.680]  Public interest is real simple.
[01:37:06.680 --> 01:37:07.680]  Okay.
[01:37:07.680 --> 01:37:15.680]  The administration has specifically stated that they don't want people to lose their homes.
[01:37:15.680 --> 01:37:16.680]  Correct. Right.
[01:37:16.680 --> 01:37:17.680]  Okay.
[01:37:17.680 --> 01:37:20.680]  And they've come out with that, and it's in the press all the time.
[01:37:20.680 --> 01:37:24.680]  They want to find a solution where people don't lose their homes.
[01:37:24.680 --> 01:37:30.680]  Okay. So it's in the public interest that they find a solution or are able to keep your home.
[01:37:30.680 --> 01:37:34.680]  And if the mortgage company defrauded you in some way,
[01:37:34.680 --> 01:37:43.680]  it's in the public interest that the court find the fraud and rule in your favor.
[01:37:43.680 --> 01:37:44.680]  All right.
[01:37:44.680 --> 01:37:47.680]  Sounds good to answer my question there.
[01:37:47.680 --> 01:37:48.680]  Okay.
[01:37:48.680 --> 01:37:50.680]  I mean, anything else you want me to say?
[01:37:50.680 --> 01:37:52.680]  No, I can't think of anything else.
[01:37:52.680 --> 01:37:54.680]  I mean, questions there, ma'am.
[01:37:54.680 --> 01:37:55.680]  Okay.
[01:37:55.680 --> 01:37:56.680]  Thanks a lot.
[01:37:56.680 --> 01:37:57.680]  No problem.
[01:37:57.680 --> 01:37:58.680]  Thanks, Christian.
[01:37:58.680 --> 01:38:01.680]  Do you have any comments, Greg?
[01:38:01.680 --> 01:38:03.680]  No, I'm just listening.
[01:38:03.680 --> 01:38:04.680]  Okay. All right.
[01:38:04.680 --> 01:38:05.680]  Good.
[01:38:05.680 --> 01:38:06.680]  Okay.
[01:38:06.680 --> 01:38:09.680]  We are going to go now to Eddie in Texas.
[01:38:09.680 --> 01:38:11.680]  Hey, Eddie, thanks for calling in.
[01:38:11.680 --> 01:38:13.680]  You have a question for our guest?
[01:38:13.680 --> 01:38:14.680]  Actually, yeah, I do.
[01:38:14.680 --> 01:38:15.680]  I was going to.
[01:38:15.680 --> 01:38:18.680]  He's always had some good ideas on how to go about the things in the courts and all that,
[01:38:18.680 --> 01:38:23.680]  so I'd kind of like to get some ideas since Randy and I have been bumping heads on this,
[01:38:23.680 --> 01:38:26.680]  on how to handle my situation with the comptroller folks.
[01:38:26.680 --> 01:38:27.680]  Okay.
[01:38:27.680 --> 01:38:29.680]  Because what we've got right now,
[01:38:29.680 --> 01:38:35.680]  we have a district court judge who has refused to hear anything involving the injunction
[01:38:35.680 --> 01:38:40.680]  because he says it's a tax collection issue, and we haven't filed it that way.
[01:38:40.680 --> 01:38:47.680]  We have filed it as a rights violation issue, but he refuses to accept it under that umbrella.
[01:38:47.680 --> 01:38:54.680]  So right now, Randy's helping me get up a writ of mandamus to take to the appeals court
[01:38:54.680 --> 01:38:57.680]  and try to get this judge out here to do his job.
[01:38:57.680 --> 01:39:04.680]  Unfortunately, I don't think this judge has a clue how to do the job.
[01:39:04.680 --> 01:39:09.680]  I was thinking about you earlier when they were talking about this.
[01:39:09.680 --> 01:39:17.680]  This judge denied you in your right to petition the court for redress and grievance.
[01:39:17.680 --> 01:39:27.680]  This would be a good thing to move to the federal and ask the federal for a restraining order.
[01:39:27.680 --> 01:39:28.680]  Okay.
[01:39:28.680 --> 01:39:33.680]  Do we need to file it under the same cause number that we've got now?
[01:39:33.680 --> 01:39:37.680]  I think with the Fed, wouldn't it be a new cause?
[01:39:37.680 --> 01:39:39.680]  Leave the cause number blank.
[01:39:39.680 --> 01:39:42.680]  Bill is 91.
[01:39:42.680 --> 01:39:45.680]  Maybe you file it as a civil rights violation.
[01:39:45.680 --> 01:39:52.680]  Let me tell you a quick story about somebody that actually won in the federal system
[01:39:52.680 --> 01:39:54.680]  and the way they won.
[01:39:54.680 --> 01:39:58.680]  There was a guy, I don't know, six, eight years ago named Wen Holy,
[01:39:58.680 --> 01:40:02.680]  who was a scientist at Sandia Laboratories in New Mexico.
[01:40:02.680 --> 01:40:09.680]  Okay, and Sandia was doing top-secret work for the U.S. government, primarily the Defense Department.
[01:40:09.680 --> 01:40:11.680]  They had gotten pretty lax in their procedures,
[01:40:11.680 --> 01:40:15.680]  and then one day one of the federal auditors came in and started auditing
[01:40:15.680 --> 01:40:21.680]  and found out that all the scientists were allowed to take top-secret discs home at night
[01:40:21.680 --> 01:40:25.680]  and work on them in their home and their computers.
[01:40:25.680 --> 01:40:28.680]  Well, you know, that was obviously against protocol,
[01:40:28.680 --> 01:40:32.680]  but not against a lot of other rules and laws.
[01:40:32.680 --> 01:40:34.680]  Yeah, they started looking for a scapegoat,
[01:40:34.680 --> 01:40:39.680]  and what they did is they found this little Chinese scientist who was probably five, six, or five, seven,
[01:40:39.680 --> 01:40:47.680]  named Wen Holy, and they needed to find an excuse, and they needed to find someone to blame.
[01:40:47.680 --> 01:40:51.680]  So they picked Wen Holy, and they said, well, he was Chinese,
[01:40:51.680 --> 01:40:57.680]  so he was selling these discs and these secrets to the Chinese government.
[01:40:57.680 --> 01:41:02.680]  Okay, and they came up with all this press about how Wen Holy was the worst guy in the whole world
[01:41:02.680 --> 01:41:07.680]  and how he, you know, destroyed the U.S. government and sold all these secrets,
[01:41:07.680 --> 01:41:10.680]  and he was going to get 400 years in prison or more.
[01:41:10.680 --> 01:41:15.680]  So, you know, he tried to get bond, and they laughed at him and all these things, okay.
[01:41:15.680 --> 01:41:21.680]  So they left him in jail in New Mexico, okay, and they put him in an isolated cell, you know,
[01:41:21.680 --> 01:41:25.680]  and he could talk to his relatives every once in a while, and they monitored all his calls
[01:41:25.680 --> 01:41:30.680]  to make sure he wouldn't talk to the Chinese government, did all these stupid things, okay.
[01:41:30.680 --> 01:41:34.680]  The Chinese community got together, and they hired two legal teams.
[01:41:34.680 --> 01:41:38.680]  One legal team was facing the criminal defense.
[01:41:38.680 --> 01:41:43.680]  The problem with criminal defense legal teams is they're never given all the evidence in the case
[01:41:43.680 --> 01:41:44.680]  by the government.
[01:41:44.680 --> 01:41:50.680]  The government always, and I will repeat the word always, state and federal,
[01:41:50.680 --> 01:41:54.680]  always, always, always conceals evidence.
[01:41:54.680 --> 01:41:57.680]  If you don't know how to find it, you're going to lose your case.
[01:41:57.680 --> 01:42:03.680]  Okay, so they, his legal team on the criminal side asked for the evidence.
[01:42:03.680 --> 01:42:09.680]  Okay, the legal team on the U.S. government gave them evidence they wanted him to find
[01:42:09.680 --> 01:42:13.680]  or wanted them to find, and that's all they gave them.
[01:42:13.680 --> 01:42:16.680]  The other team that he hired was the civil team.
[01:42:16.680 --> 01:42:22.680]  The civil team filed a civil rights claim against the government and the government employees,
[01:42:22.680 --> 01:42:27.680]  claiming massive violations of the civil rights, and then moved for discovery.
[01:42:27.680 --> 01:42:33.680]  In the discovery, what they discovered and what they received as evidence
[01:42:33.680 --> 01:42:42.680]  was that every single FBI agent in the case had committed massive perjury before the judge.
[01:42:42.680 --> 01:42:45.680]  Now, they always do that.
[01:42:45.680 --> 01:42:47.680]  The trick is proving it, okay.
[01:42:47.680 --> 01:42:49.680]  They got the proof.
[01:42:49.680 --> 01:42:52.680]  So the civil team, you have two lawsuits, okay.
[01:42:52.680 --> 01:42:54.680]  You have a criminal lawsuit against him,
[01:42:54.680 --> 01:42:58.680]  then you have a civil rights lawsuit against the government.
[01:42:58.680 --> 01:43:02.680]  That's the counterclaim, and that's the way it was done in this case.
[01:43:02.680 --> 01:43:07.680]  Okay, the criminal team then went before the judge,
[01:43:07.680 --> 01:43:12.680]  produced all the evidence showing the massive perjury involved in this case.
[01:43:12.680 --> 01:43:17.680]  The judge had no choice but to dismiss the case against Winn-Ho Lee.
[01:43:17.680 --> 01:43:22.680]  Instead of 400 years in prison, they released him.
[01:43:22.680 --> 01:43:25.680]  I think he signed like a misdemeanor count,
[01:43:25.680 --> 01:43:32.680]  and the only reason he probably signed that was because the government wanted it so he could not sue them.
[01:43:32.680 --> 01:43:38.680]  Okay, but I think he was more interested in his freedom at that time, so that was his decision.
[01:43:38.680 --> 01:43:46.680]  Okay, and then part of the plea agreement for Winn-Ho Lee was that he would not write any books
[01:43:46.680 --> 01:43:53.680]  about the classified documents that he was involved in dealing with.
[01:43:53.680 --> 01:44:08.680]  So the first thing Winn-Ho Lee did is he wrote a book about...
[01:44:08.680 --> 01:44:14.680]  He was in New Mexico, sent the thing over to the attorney general in Washington,
[01:44:14.680 --> 01:44:17.680]  and they said, what do you want to do about this violation?
[01:44:17.680 --> 01:44:26.680]  And the attorney general said, we don't want anything to do with Winn-Ho Lee.
[01:44:26.680 --> 01:44:31.680]  Okay, so whenever you get into these cases, okay, it's like a chess game.
[01:44:31.680 --> 01:44:34.680]  You have to understand, and you have to begin to move the pieces,
[01:44:34.680 --> 01:44:44.680]  and you have to move them to where they wind up in your favor.
[01:44:44.680 --> 01:44:49.680]  So in Eddie's case, we have a judge here.
[01:44:49.680 --> 01:44:55.680]  We have a tax collector who's acting totally outside of law.
[01:44:55.680 --> 01:45:06.680]  We have a judge here who refuses to intercede when he has a duty to intercede.
[01:45:06.680 --> 01:45:17.680]  How does he get this to the federal and get a federal judge's attention with it?
[01:45:17.680 --> 01:45:26.680]  The files due process against the tax collector and denial of right
[01:45:26.680 --> 01:45:29.680]  to petition the court for redress or grievance against the judge?
[01:45:29.680 --> 01:45:30.680]  Right.
[01:45:30.680 --> 01:45:31.680]  Eddie, hold on.
[01:45:31.680 --> 01:45:35.680]  Eddie, there's a lot of background noise on your channel.
[01:45:35.680 --> 01:45:36.680]  On my channel?
[01:45:36.680 --> 01:45:38.680]  Yeah, yeah.
[01:45:38.680 --> 01:45:40.680]  Yeah, I'm going to have to mute your channel
[01:45:40.680 --> 01:45:42.680]  because there's a lot of background noise on your channel.
[01:45:42.680 --> 01:45:43.680]  Okay.
[01:45:43.680 --> 01:45:44.680]  Okay, all right.
[01:45:44.680 --> 01:45:46.680]  Continue, guys.
[01:45:46.680 --> 01:45:53.680]  Okay, I would file a civil rights lawsuit in federal court against the parties involved,
[01:45:53.680 --> 01:45:55.680]  and I would do it by verified pleading.
[01:45:55.680 --> 01:45:59.680]  Therefore, it becomes a fact and both prove it otherwise.
[01:45:59.680 --> 01:46:01.680]  Okay, and then I would take that,
[01:46:01.680 --> 01:46:10.680]  and then I would use those facts to counter in the state court.
[01:46:10.680 --> 01:46:13.680]  Then I'd probably do a request for admission to the federal court.
[01:46:13.680 --> 01:46:16.680]  As soon as I file the lawsuit, get them to admit or deny the facts,
[01:46:16.680 --> 01:46:23.680]  and then take those facts and come back in and have the state case dismissed.
[01:46:23.680 --> 01:46:32.680]  Yeah, do the admissions sort of in terms of a judicial notice?
[01:46:32.680 --> 01:46:33.680]  Yeah, right.
[01:46:33.680 --> 01:46:35.680]  Okay, well, here's the way you do that.
[01:46:35.680 --> 01:46:38.680]  All these people keep talking about negative environments, okay?
[01:46:38.680 --> 01:46:40.680]  I mean, I hear this all the time.
[01:46:40.680 --> 01:46:43.680]  Well, I file negative environments and they ignore them.
[01:46:43.680 --> 01:46:45.680]  Well, of course they ignore them, okay?
[01:46:45.680 --> 01:46:52.680]  Because the rules require, okay, that if you want to prove up facts,
[01:46:52.680 --> 01:46:56.680]  one of the ways you prove them up is by a request for admission.
[01:46:56.680 --> 01:46:59.680]  Okay, people don't understand the power of a request for admission,
[01:46:59.680 --> 01:47:01.680]  but if you want to prove something,
[01:47:01.680 --> 01:47:05.680]  you've got 25 questions you can ask to prove your case,
[01:47:05.680 --> 01:47:10.680]  both in federal and state cases, civil and criminal,
[01:47:10.680 --> 01:47:13.680]  and the first thing you do when you get into a case
[01:47:13.680 --> 01:47:16.680]  is you send a request for admission to the government.
[01:47:16.680 --> 01:47:24.680]  Now, in the state of Texas, you can ask 25 interrogatories.
[01:47:24.680 --> 01:47:25.680]  Okay.
[01:47:25.680 --> 01:47:28.680]  But there's no limit on the amount of requests for admissions you can ask.
[01:47:28.680 --> 01:47:30.680]  Good, then you ask 100 of them, okay?
[01:47:30.680 --> 01:47:32.680]  What you want to do is prove up the facts,
[01:47:32.680 --> 01:47:35.680]  and typically the government does not answer.
[01:47:35.680 --> 01:47:39.680]  I have not been involved in one single case
[01:47:39.680 --> 01:47:42.680]  where the government has answered my request for admission.
[01:47:42.680 --> 01:47:45.680]  Okay, if they don't answer, then those become admitted facts.
[01:47:45.680 --> 01:47:47.680]  If they become admitted facts,
[01:47:47.680 --> 01:47:50.680]  you send a notice of admitted facts to the court,
[01:47:50.680 --> 01:47:54.680]  then you request the court to judicially notice those facts on the record.
[01:47:54.680 --> 01:47:58.680]  They now, okay, level one in discovery,
[01:47:58.680 --> 01:48:01.680]  the highest level you can get is judicial notice.
[01:48:01.680 --> 01:48:06.680]  And level two is request for admissions.
[01:48:06.680 --> 01:48:10.680]  So you've got the second highest level already.
[01:48:10.680 --> 01:48:12.680]  All you do is move it up one level.
[01:48:12.680 --> 01:48:14.680]  Then once you move it up one level,
[01:48:14.680 --> 01:48:18.680]  you move for judgment on the pleadings or summary judgment.
[01:48:18.680 --> 01:48:22.680]  Judgment is a matter of law because you've proven your case.
[01:48:22.680 --> 01:48:24.680]  You've gotten the facts now.
[01:48:24.680 --> 01:48:27.680]  All you need is to put the law together with it.
[01:48:27.680 --> 01:48:30.680]  And Eddie has really done his homework.
[01:48:30.680 --> 01:48:36.680]  He absolutely has the facts and the law in place.
[01:48:36.680 --> 01:48:41.680]  So bring Eddie's mic back up since he's got his sound taken care of.
[01:48:41.680 --> 01:48:42.680]  Okay.
[01:48:42.680 --> 01:48:43.680]  Okay, Eddie, you back?
[01:48:43.680 --> 01:48:44.680]  You there?
[01:48:44.680 --> 01:48:45.680]  Yeah, I'm here.
[01:48:45.680 --> 01:48:46.680]  Can you still hear me?
[01:48:46.680 --> 01:48:47.680]  Yes.
[01:48:47.680 --> 01:48:48.680]  Yes.
[01:48:48.680 --> 01:48:49.680]  Okay.
[01:48:49.680 --> 01:48:53.680]  Yeah, I mean, it's very clear that they violated the law at every turn.
[01:48:53.680 --> 01:48:58.680]  It's also very clear that the judge in the district court can't read it.
[01:48:58.680 --> 01:49:04.680]  Well, I would maintain that the judge and the district court can read it
[01:49:04.680 --> 01:49:10.680]  perfectly and absolutely understands it clearly.
[01:49:10.680 --> 01:49:17.680]  He just very intentionally refused to provide you with your remedy in the courts.
[01:49:17.680 --> 01:49:21.680]  Well, let's also not forget to mention to him about the district attorney.
[01:49:21.680 --> 01:49:23.680]  Oh, yeah.
[01:49:23.680 --> 01:49:29.680]  On Monday, I handed her 116 verified criminal complaints ranging from Class A
[01:49:29.680 --> 01:49:33.680]  misdemeanor to first-degree felony against these people and the police
[01:49:33.680 --> 01:49:35.680]  officers that helped them.
[01:49:35.680 --> 01:49:39.680]  She refused, against Tector's law, to take them and to do what she's required
[01:49:39.680 --> 01:49:41.680]  to do with them.
[01:49:41.680 --> 01:49:45.680]  So she has become a conspirator aiding and abetting this act.
[01:49:45.680 --> 01:49:46.680]  Okay.
[01:49:46.680 --> 01:49:49.680]  This was also brought up to the district judge in his courtroom,
[01:49:49.680 --> 01:49:52.680]  and I have him on tape saying, that's not what I agreed to hear this morning,
[01:49:52.680 --> 01:49:54.680]  and I will take that up at some other time.
[01:49:54.680 --> 01:49:59.680]  So he has also avoided his duty when he is made known as an attorney in Texas
[01:49:59.680 --> 01:50:02.680]  that a felony by a public official has been committed,
[01:50:02.680 --> 01:50:05.680]  he chose to ignore it while sitting on the bench.
[01:50:05.680 --> 01:50:08.680]  Well, in that case, he stopped being a judge,
[01:50:08.680 --> 01:50:11.680]  and he just didn't realize he stopped being a judge.
[01:50:11.680 --> 01:50:16.680]  And he became a magistrate, and that was a duty he cannot avoid.
[01:50:16.680 --> 01:50:20.680]  Well, see, after he decided to actually not rule on my motion, Randy,
[01:50:20.680 --> 01:50:25.680]  I asked him if he was the district magistrate, and he goes,
[01:50:25.680 --> 01:50:27.680]  well, that's just a fancy word for judge.
[01:50:27.680 --> 01:50:29.680]  I said, well, either way, I'm invoking that power.
[01:50:29.680 --> 01:50:32.680]  I have before me this list of criminal complaints,
[01:50:32.680 --> 01:50:35.680]  which our district attorney has refused.
[01:50:35.680 --> 01:50:38.680]  He kind of sat there for a few seconds and looked at me,
[01:50:38.680 --> 01:50:41.680]  and that's when he came up with, well, I'll deal with that some other time.
[01:50:41.680 --> 01:50:44.680]  Well, he basically didn't want to deal with it at all.
[01:50:44.680 --> 01:50:45.680]  Exactly.
[01:50:45.680 --> 01:50:54.680]  So I would file 116 allegations of malfeasance, misfeasance in office
[01:50:54.680 --> 01:50:58.680]  amounting to denying you and your right to petition the court
[01:50:58.680 --> 01:51:02.680]  for redress of grievance, official oppression,
[01:51:02.680 --> 01:51:05.680]  3903 penal code against the judge.
[01:51:05.680 --> 01:51:09.680]  It's also a First Amendment violation according to the Constitution, too.
[01:51:09.680 --> 01:51:13.680]  Yeah, and it also gives our DA 60-plus counts of third-degree felony
[01:51:13.680 --> 01:51:18.680]  for each felony criminal complaint she refused to accept.
[01:51:18.680 --> 01:51:20.680]  Well, you know, what I would do is I would also,
[01:51:20.680 --> 01:51:23.680]  I would put those in the federal system now.
[01:51:23.680 --> 01:51:27.680]  I would file them with the Attorney General of the United States.
[01:51:27.680 --> 01:51:31.680]  I'd file them with all your congressmen, state and federal.
[01:51:31.680 --> 01:51:34.680]  I would notify them if there's corruption in the system.
[01:51:34.680 --> 01:51:38.680]  And, you know, you just have to make a lot of noise on this stuff.
[01:51:38.680 --> 01:51:39.680]  Oh, I did.
[01:51:39.680 --> 01:51:43.680]  I sent 60 copies of my criminal complaint just against the DA downtown
[01:51:43.680 --> 01:51:46.680]  to our tea party yesterday and handed them out to everybody that wanted one,
[01:51:46.680 --> 01:51:50.680]  and lots of people did.
[01:51:50.680 --> 01:51:56.680]  You need to send them with congressmen and senators and the corruption.
[01:51:56.680 --> 01:52:00.680]  There's like 10 or 15 corruption committees in Washington.
[01:52:00.680 --> 01:52:02.680]  You need to file them with them.
[01:52:02.680 --> 01:52:04.680]  I'd file them with everybody.
[01:52:04.680 --> 01:52:05.680]  That's what I'd do.
[01:52:05.680 --> 01:52:10.680]  And also, Eddie, you're going to be on the show tomorrow night as well, right?
[01:52:10.680 --> 01:52:11.680]  Yes, ma'am, I am.
[01:52:11.680 --> 01:52:12.680]  Okay, that's awesome.
[01:52:12.680 --> 01:52:14.680]  And what are you going to be discussing tomorrow night?
[01:52:14.680 --> 01:52:17.680]  Tomorrow night, I would really like to go through the traffic stuff
[01:52:17.680 --> 01:52:18.680]  that we were talking about.
[01:52:18.680 --> 01:52:19.680]  Excellent, excellent.
[01:52:19.680 --> 01:52:22.680]  And I would really like to have a chance for people to call in
[01:52:22.680 --> 01:52:24.680]  and get some questions asked.
[01:52:24.680 --> 01:52:25.680]  Absolutely.
[01:52:25.680 --> 01:52:28.680]  And let's talk about some of the possible solutions
[01:52:28.680 --> 01:52:30.680]  I've come up with on dealing with these things.
[01:52:30.680 --> 01:52:32.680]  That sounds great.
[01:52:32.680 --> 01:52:34.680]  Okay, listen, we only have a few minutes left, Eddie,
[01:52:34.680 --> 01:52:36.680]  and I want to go to some of our other callers.
[01:52:36.680 --> 01:52:37.680]  Go right ahead, Deborah.
[01:52:37.680 --> 01:52:38.680]  Thanks for your time, Tony.
[01:52:38.680 --> 01:52:39.680]  Okay, thanks, Eddie.
[01:52:39.680 --> 01:52:42.680]  All right, we had Jesse from Texas who had called in
[01:52:42.680 --> 01:52:43.680]  and then dropped off the line.
[01:52:43.680 --> 01:52:46.680]  Jesse, if you're out there, please call back in.
[01:52:46.680 --> 01:52:48.680]  We have Tim from Texas also.
[01:52:48.680 --> 01:52:49.680]  Let's go to Tim.
[01:52:49.680 --> 01:52:50.680]  Tim, thanks for calling in.
[01:52:50.680 --> 01:52:53.680]  Do you have a question for Tony or Greg or us?
[01:52:53.680 --> 01:52:55.680]  Well, just for you guys in general,
[01:52:55.680 --> 01:52:59.680]  I had called in before where we're dealing with a probate case
[01:52:59.680 --> 01:53:04.680]  where a relative who died and a woman's claiming common-law wife.
[01:53:04.680 --> 01:53:08.680]  Basically what we did is we went to Travis County last Friday
[01:53:08.680 --> 01:53:13.680]  to the district court, to the clerk's office, and got a copy of the file.
[01:53:13.680 --> 01:53:19.680]  And what we found out was that back in 2000
[01:53:19.680 --> 01:53:24.680]  when she had claimed to be married to this relative in January,
[01:53:24.680 --> 01:53:27.680]  in May of 2000 she got arrested for shoplifting.
[01:53:27.680 --> 01:53:29.680]  And on her bail form,
[01:53:29.680 --> 01:53:33.680]  claimed to be living in San Antonio instead of Dallas
[01:53:33.680 --> 01:53:38.680]  with a husband of another name.
[01:53:38.680 --> 01:53:41.680]  Odd how that seems to work out all the time.
[01:53:41.680 --> 01:53:52.680]  I tend to be continually surprised at how really dumb people can get,
[01:53:52.680 --> 01:53:55.680]  especially criminals.
[01:53:55.680 --> 01:53:59.680]  I have someone who is a professional criminal.
[01:53:59.680 --> 01:54:03.680]  My main question, Randy, on this one here is that when she files her papers
[01:54:03.680 --> 01:54:05.680]  with her lawyer in the probate court,
[01:54:05.680 --> 01:54:10.680]  she was claiming to be living with our cousin at his address.
[01:54:10.680 --> 01:54:14.680]  But in a police report she said she had come into California
[01:54:14.680 --> 01:54:16.680]  where she had been living for four years.
[01:54:16.680 --> 01:54:20.680]  So she's lied to her attorney and on the court documents.
[01:54:20.680 --> 01:54:22.680]  So my question is, in a civil case,
[01:54:22.680 --> 01:54:27.680]  is there any recourse we have against her or her attorney
[01:54:27.680 --> 01:54:30.680]  for providing false information or perjury to the court?
[01:54:30.680 --> 01:54:32.680]  Okay, here's what you can do.
[01:54:32.680 --> 01:54:40.680]  For one thing, for certain, you can disqualify her as a credible witness
[01:54:40.680 --> 01:54:44.680]  because you can show aggravated perjury.
[01:54:44.680 --> 01:54:49.680]  You don't have to prove when she committed aggravated perjury,
[01:54:49.680 --> 01:54:59.680]  just that she made statements under oath, material statements of fact
[01:54:59.680 --> 01:55:03.680]  that are mutually exclusive.
[01:55:03.680 --> 01:55:07.680]  Either one or the other must be untrue.
[01:55:07.680 --> 01:55:10.680]  You don't have to prove which one is.
[01:55:10.680 --> 01:55:15.680]  And that would be sufficient to disqualify her as a credible witness.
[01:55:15.680 --> 01:55:21.680]  The basic rule of thumb on things like that and what really good attorneys do,
[01:55:21.680 --> 01:55:23.680]  and there aren't that many,
[01:55:23.680 --> 01:55:27.680]  but what they do if they're defending someone, for example,
[01:55:27.680 --> 01:55:33.680]  is they get them into depositions and they get them into depositions numerous times
[01:55:33.680 --> 01:55:40.680]  because the theory is that even the pope can't remember what he said every single time properly.
[01:55:40.680 --> 01:55:45.680]  Okay, so then when they get them on the stand during trial, the question becomes,
[01:55:45.680 --> 01:55:48.680]  what did you say on this date?
[01:55:48.680 --> 01:55:51.680]  And then, what is your testimony now?
[01:55:51.680 --> 01:55:57.680]  And the last question is, were you lying then or are you lying now?
[01:55:57.680 --> 01:56:01.680]  You have to get discredit and that's the objective.
[01:56:01.680 --> 01:56:08.680]  And that's perfectly ethical because if you're telling the truth,
[01:56:08.680 --> 01:56:12.680]  your story is going to come up generally the same
[01:56:12.680 --> 01:56:18.680]  and it won't be materially different on an important fact.
[01:56:18.680 --> 01:56:24.680]  Whereas, if you're lying like a dog, you never keep the facts straight.
[01:56:24.680 --> 01:56:29.680]  On admissions, when I had a sheriff's deputy try to kill me in 92
[01:56:29.680 --> 01:56:33.680]  and then file charges against me to cover up for what he did,
[01:56:33.680 --> 01:56:41.680]  I sent him 96 requests for admissions, the 67th one he screwed up on.
[01:56:41.680 --> 01:56:42.680]  Indeed.
[01:56:42.680 --> 01:56:48.680]  Oh, and listen, we only have about two minutes left and I wanted to go to our last caller.
[01:56:48.680 --> 01:56:50.680]  Okay, just real quick, ten seconds.
[01:56:50.680 --> 01:56:52.680]  I want you guys to know I went to the tea party last night
[01:56:52.680 --> 01:56:55.680]  and I was handing out little business cards with your website on it
[01:56:55.680 --> 01:56:56.680]  and told people to go check it out.
[01:56:56.680 --> 01:56:57.680]  Oh, thank you, Tim.
[01:56:57.680 --> 01:56:58.680]  We really appreciate that.
[01:56:58.680 --> 01:57:00.680]  Thank you so much.
[01:57:00.680 --> 01:57:01.680]  Good night.
[01:57:01.680 --> 01:57:02.680]  Okay, good night.
[01:57:02.680 --> 01:57:04.680]  We're going to go to Brian in Pennsylvania.
[01:57:04.680 --> 01:57:06.680]  I'm sorry, we only barely have like a minute and a half left.
[01:57:06.680 --> 01:57:07.680]  Brian, what's on your mind?
[01:57:07.680 --> 01:57:08.680]  Quickly.
[01:57:08.680 --> 01:57:09.680]  That's all right.
[01:57:09.680 --> 01:57:10.680]  Glad you guys.
[01:57:10.680 --> 01:57:11.680]  I'm glad I can listen again.
[01:57:11.680 --> 01:57:14.680]  I did plug you guys on my tea party flyer as well.
[01:57:14.680 --> 01:57:15.680]  I'll send you a copy.
[01:57:15.680 --> 01:57:16.680]  All right.
[01:57:16.680 --> 01:57:17.680]  Where have you been?
[01:57:17.680 --> 01:57:19.680]  I haven't heard from you in a while.
[01:57:19.680 --> 01:57:20.680]  I've been away.
[01:57:20.680 --> 01:57:21.680]  I've been away.
[01:57:21.680 --> 01:57:22.680]  Don't have time to explain now.
[01:57:22.680 --> 01:57:25.680]  I wanted to know if you guys have any more sources
[01:57:25.680 --> 01:57:28.680]  that I can verify some of the claims that I hear, not so much tonight,
[01:57:28.680 --> 01:57:32.680]  but maybe when like Sam Davis was on and other people that have talked about
[01:57:32.680 --> 01:57:37.680]  how I am now collateral and surety for the debt of the nation and that matter.
[01:57:37.680 --> 01:57:41.680]  You know, what act is the wording in or, you know, act of Congress, I mean?
[01:57:41.680 --> 01:57:43.680]  Greg, can you speak to that?
[01:57:43.680 --> 01:57:45.680]  Do you want me to speak to it?
[01:57:45.680 --> 01:57:46.680]  Or Tony, either one of you?
[01:57:46.680 --> 01:57:49.680]  Okay, well, my response is be careful.
[01:57:49.680 --> 01:57:52.680]  Okay, you need to make sure that, you know,
[01:57:52.680 --> 01:57:55.680]  Randy and I are very careful about our sources
[01:57:55.680 --> 01:58:00.680]  and, you know, he might have someone on his show that appears to be valid,
[01:58:00.680 --> 01:58:04.680]  and then, you know, later on it proves that there's some question marks about it.
[01:58:04.680 --> 01:58:09.680]  Okay, but, you know, the stuff about, you know, patriot stuff and things like that,
[01:58:09.680 --> 01:58:11.680]  you need to be very careful about what you do.
[01:58:11.680 --> 01:58:13.680]  That's why I asked.
[01:58:13.680 --> 01:58:16.680]  And I'm just wondering if you guys have any leads.
[01:58:16.680 --> 01:58:19.680]  Yeah, check with Randy and I'll be happy to talk to you also.
[01:58:19.680 --> 01:58:20.680]  All right.
[01:58:20.680 --> 01:58:22.680]  Thank you guys for doing what you do.
[01:58:22.680 --> 01:58:24.680]  Glad to be back on the Internet and all that.
[01:58:24.680 --> 01:58:27.680]  So, yeah, take care.
[01:58:27.680 --> 01:58:28.680]  All right, great.
[01:58:28.680 --> 01:58:31.680]  And you may want to check out Greg's show tomorrow night.
[01:58:31.680 --> 01:58:32.680]  I will do.
[01:58:32.680 --> 01:58:33.680]  All right.
[01:58:33.680 --> 01:58:34.680]  Thank you for having me.
[01:58:34.680 --> 01:58:37.680]  Do you have any quick comments on this, Greg?
[01:58:37.680 --> 01:58:38.680]  No, no.
[01:58:38.680 --> 01:58:39.680]  All right, great.
[01:58:39.680 --> 01:58:42.680]  Okay, we will see you all tomorrow night.
[01:58:42.680 --> 01:58:48.680]  We'll have Eddie, Craig on to discuss the traffic code in Texas.
[01:58:48.680 --> 01:58:50.680]  We'll be back tomorrow night.
[01:58:50.680 --> 01:58:51.680]  Okay, thanks, Debbie.
[01:58:51.680 --> 01:58:53.680]  Thank you, Tony.
[01:58:53.680 --> 01:58:54.680]  Bye, bye, bye.
[01:58:54.680 --> 01:58:56.680]  Good night, all.
[01:58:56.680 --> 01:59:24.680]  Good night.
[01:59:24.680 --> 01:59:26.680]  Good night.
[01:59:54.680 --> 01:59:56.680]  Good night.