ROL_2009-07-06_16k.timecode
[00:00.000 --> 00:14.000] In Lahore, Pakistan, Safrez Naimi, a prominent anti-Taliban Muslim cleric who condemned suicide
[00:14.000 --> 00:17.920] bombings, was killed Friday in a suicide attack.
[00:17.920 --> 00:23.140] In the Iranian elections, Mahmoud Ahmadinejad was awarded 63% of the vote, but opposition
[00:23.140 --> 00:28.500] candidates complain that at some polling stations results were announced before the ballot boxes
[00:28.500 --> 00:34.060] were opened and in others more than 100% of the electorate turned out to vote.
[00:34.060 --> 00:39.080] The US Postal Service, having posted a $2 billion second quarter loss, is contemplating
[00:39.080 --> 00:52.080] cutting tens of thousands more jobs and closing or consolidating 3,100 of its 36,000 outlets.
[00:52.080 --> 00:56.520] According to financial disclosure reports released Friday, senators who oversee the
[00:56.520 --> 01:01.800] $700 billion Wall Street bailout held stocks in many of the banks bailed out toward the
[01:01.800 --> 01:02.960] end of last year.
[01:02.960 --> 01:07.960] The reports detailing senators' finances in 2008 show nearly half the Senate Banking
[01:07.960 --> 01:13.400] Committee had holdings in financial institutions that have taken funds from TARP, the Troubled
[01:13.400 --> 01:15.200] Asset Relief Program.
[01:15.200 --> 01:20.280] For example, Senator Tim Johnson, a banking panel member, has assets in several banks
[01:20.280 --> 01:22.000] that have taken bailout funds.
[01:22.000 --> 01:26.600] Along with Goldman Sachs, the senator has several assets in Bank of America funds worth
[01:26.600 --> 01:29.120] at least $115,000.
[01:29.120 --> 01:32.880] Bank of America has received $45 billion in government funds.
[01:32.880 --> 01:38.200] Another Democrat invested in bailout institutions is Senator Chuck Schumer with assets valued
[01:38.200 --> 01:44.720] between $15,000 and $50,000 in Morgan Stanley and $1,000 and $15,000 in Citibank.
[01:44.720 --> 01:53.000] Morgan Stanley received $10 billion in TARP money while Citigroup was given $25 billion.
[01:53.000 --> 01:57.960] Bloomberg News reports as U.S. stock markets plummeted last September, the Senate's number
[01:57.960 --> 02:04.280] two Democrat, Dick Durbin, sold $115,000 worth of stocks and mutual funds and used much of
[02:04.280 --> 02:07.720] the money to invest in Warren Buffett's Berkshire Hathaway.
[02:07.720 --> 02:13.040] The Illinois senator's 2008 financial disclosure statement shows he sold mutual fund shares
[02:13.040 --> 02:19.440] worth $42,600 on September the 19th, the day after then Treasury Secretary Henry Paulson
[02:19.440 --> 02:24.800] and Federal Reserve Chairman Ben Bernanke urged congressional leaders in a closed meeting
[02:24.800 --> 02:28.360] to craft legislation to help financially troubled banks.
[02:28.360 --> 02:33.720] The same day, he bought $43,000 worth of Berkshire Hathaway's Class B stock.
[02:33.720 --> 02:39.980] The Standard & Poor's 500 index plunged 4.7% last September the 15th after the bankruptcy
[02:39.980 --> 02:45.400] of Lehman Brothers and Bank of America's government-engineered takeover of Merrill Lynch.
[02:45.400 --> 02:49.680] Durbin's spokesman Joe Shoemaker said Durbin didn't capitalize on anything Paulson and
[02:49.680 --> 02:54.320] Bernanke told congressional leaders at the September 18th meeting since the information
[02:54.320 --> 02:58.600] wasn't secret or classified and was disclosed publicly the next day.
[02:58.600 --> 03:10.880] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[03:10.880 --> 03:17.880] talk radio at its best.
[03:17.880 --> 03:40.920] This is Jo 상태, signing off.
[03:40.920 --> 03:57.160] Okay, Randy Kelton, Debra Stevens, Eddie Craig, rule of law, we're back. Debra's still out
[03:57.160 --> 04:02.960] of town. I understand she's just hiked out of the mountains. So it'll be another six
[04:02.960 --> 04:09.680] to eight hours before she gets in. So we won't get to see her until Thursday. Tonight is
[04:09.680 --> 04:18.200] just me and Eddie. I don't get the pretty sidekick. Oh, life is tough. I wanted to start
[04:18.200 --> 04:28.560] out today talking about read the code. I tell everybody that if you're going to defend yourself
[04:28.560 --> 04:34.680] from any kind of charge, the first thing you need to do is go get the code. Don't imagine
[04:34.680 --> 04:43.360] you know what the charge is. Go get the code and read the charge. Well, most folks know
[04:43.360 --> 04:49.000] I'm having some difficulty with Cherokee County. They want me to come down to a little party
[04:49.000 --> 04:57.760] they threw for me. And I decided not to go to their party. And I called the county attorney
[04:57.760 --> 05:04.480] and told him that, apologize for not showing up to his party, but we're going to have one
[05:04.480 --> 05:09.200] of our own and invited him to ours. We're going to have an examining trial in another
[05:09.200 --> 05:17.480] county. Well, he wasn't happy about that. And at the time I asked him if the judge had
[05:17.480 --> 05:25.320] issued a failure to appear for me not showing up at his little party. And he said he didn't
[05:25.320 --> 05:30.480] know. I said, well, if he has, I would like him to fax that failure to appear to the justice
[05:30.480 --> 05:35.920] of the peace. So what he did instead is went out immediately and had a failure to appear
[05:35.920 --> 05:44.060] warrant issued, but he did not fax it to the justice of the peace to try to pull a fast
[05:44.060 --> 05:52.320] one on me. Since I got bailed out on the original charge, he didn't fax him the failure to appear
[05:52.320 --> 06:00.920] so I couldn't get bailed out on it. So that one's still out there. Here's their problem
[06:00.920 --> 06:12.480] under 38.1 zero Texas penal code bail jumping and failure to appear a person lawfully released
[06:12.480 --> 06:19.960] from custody with or without bail on condition that he subsequently appear commits an offense
[06:19.960 --> 06:26.200] if he intentionally or knowingly fails to appear in accordance with the terms of his
[06:26.200 --> 06:38.240] release. What's wrong with that picture? Eddie? Well, they issued a warrant without any terms
[06:38.240 --> 06:47.480] of release. Well, I've never been arrested in Cherokee County. Right. So the only time
[06:47.480 --> 06:55.120] you can be arrested for failure and file failure to appear against you is if you have been
[06:55.120 --> 07:02.040] arrested and released on bail with an agreement to appear. It's like when you get a ticket
[07:02.040 --> 07:09.700] and you sign the ticket, that's an agreement to appear in court. And based on that agreement,
[07:09.700 --> 07:16.680] they release you on your own recognizance. That's a PR bond. I don't have a bond in
[07:16.680 --> 07:30.600] Cherokee County. Never been arrested, never been released. These guys are such boneheads.
[07:30.600 --> 07:38.360] It's like Christmas in a way. I mean, if I got to have somebody coming after me, it's
[07:38.360 --> 07:45.820] nice to have dumb and dumber instead of somebody really smart. Yeah. Well, we've got those
[07:45.820 --> 07:55.720] in droves. Well, these guys came after me with this charge. This guy, Joe Evans, files
[07:55.720 --> 08:02.760] a charge that's unsubstantiated, that lacks facts and support. So I charged him with aggravated
[08:02.760 --> 08:14.080] perjury and tampering with a government document. He gave it to the county attorney who looked
[08:14.080 --> 08:18.080] at the statement of probable cause and it was insufficient on its face, but he issued
[08:18.080 --> 08:27.720] a warrant anyway. He suborned perjury and he tampered with the government document.
[08:27.720 --> 08:37.160] And he conspired with Evans to obstruct justice and tamper with a witness because the accusation
[08:37.160 --> 08:42.520] they made against me was that I operated an investigating company. The reason they made
[08:42.520 --> 08:50.560] that claim is I filed 50 criminal complaints with a grand jury. Just did the legal research
[08:50.560 --> 08:58.520] on that today. In the federal venue, they have a special authorization for restraining
[08:58.520 --> 09:09.400] order against anyone who would intimidate, tamper with a witness. So now I have a special
[09:09.400 --> 09:16.840] statute to stop them with. And it's a federal statute. There is no state statute. So I can
[09:16.840 --> 09:22.800] pull the federal statute down to the state. That's also clear in the case law. These
[09:22.800 --> 09:28.520] guys are really boneheads. It would seem, but now there's a way this would also work
[09:28.520 --> 09:34.520] in favor of those that get a ticket, Randy. If their ticket says appear on or before,
[09:34.520 --> 09:38.360] all they got to do is show up. Doesn't matter if the judge is there or wants to see her
[09:38.360 --> 09:42.920] or not. They've shown up. They fulfilled their agreement when they signed the ticket. Therefore,
[09:42.920 --> 09:48.360] if they don't show up for trial, they can't be issued a failure to appear for that either.
[09:48.360 --> 09:53.800] They did it to me, but that's essentially what it, that was, oh, what was his name?
[09:53.800 --> 10:01.560] We had another guy who did a appear and disappear. He suggested that you appear in accordance
[10:01.560 --> 10:09.240] with your, you know, you get a ticket, appear that day. And he took a form with him and
[10:09.240 --> 10:16.080] had the clerk sign it to show that he was there. And then he disappeared. But it wasn't
[10:16.080 --> 10:21.220] not a great strategy because they'll issue the warrant anyway. You can argue that the
[10:21.220 --> 10:28.600] warrants not proper valid, but in the meantime, you'd be arguing that from a jail cell. I'd
[10:28.600 --> 10:35.960] rather do this where we're not arguing from a jail cell. But yeah, if you appear, if it
[10:35.960 --> 10:46.120] says on or before, and clearly it directs you to appear before some magistrate, that's
[10:46.120 --> 10:58.720] what the 543-006 says. Not appear before the municipal judge, but before a magistrate.
[10:58.720 --> 11:03.960] And that's because the police officer who did the arrest was required to take you directly
[11:03.960 --> 11:12.860] to the nearest magistrate, 14.06. Since he didn't take you directly to the nearest magistrate,
[11:12.860 --> 11:19.960] you had to promise to take yourself to the magistrate. When you go to the municipal court
[11:19.960 --> 11:29.600] after a ticket, they somehow forget that part. But in this case with the bail jumping, these
[11:29.600 --> 11:35.080] guys got to be kidding. You know, with all of the criminal charges that I filed against
[11:35.080 --> 11:41.840] them, they'd make one bogus criminal charge against me. And it was very clear that they
[11:41.840 --> 11:51.960] did that in order to keep me from pursuing the criminal complaints against them. Well,
[11:51.960 --> 11:58.960] you know, you think about it, and on the surface that doesn't sound right. And after digging
[11:58.960 --> 12:08.380] through the law as much as I have, the law for the most part is reasonable and well structured.
[12:08.380 --> 12:15.680] If it seems as though something ought to be a certain way in law, it probably is. It's
[12:15.680 --> 12:23.480] just a matter of you doing your homework and finding out how it is that way. But this one
[12:23.480 --> 12:28.960] frankly was a surprise when I read it. I would have never guessed that the only time they
[12:28.960 --> 12:37.640] can file a failure to appear is when you fail to appear based on a bond promise. Now, what
[12:37.640 --> 12:48.080] the judge could have done was held me in contempt to court. That he had authority to do because
[12:48.080 --> 12:55.720] they did send me a notice to appear in court. That's effectively a summons. Now, I argue
[12:55.720 --> 13:02.240] that he had no subject matter jurisdiction to issue the summons. And I filed a criminal
[13:02.240 --> 13:12.400] complaint on that issue against the judge's clerk who issued the summons, claiming that
[13:12.400 --> 13:18.520] the court was about subject matter jurisdiction to issue the summons. But on his face, it
[13:18.520 --> 13:28.440] appeared to be valid. So the judge could have charged me with contempt to court. He'd been
[13:28.440 --> 13:33.760] a lot better off with contempt to court because then he'd just grabbed me and thrown me in
[13:33.760 --> 13:39.920] jail for 90 days. But he didn't do that. He did something really stupid instead. What
[13:39.920 --> 13:47.400] happened was I alerted the prosecuting attorney that I was coming after him. So the prosecuting
[13:47.400 --> 13:55.000] attorney ran down to the judge and got the judge to sign this order. And then he took
[13:55.000 --> 14:01.440] it up to the clerk and had the clerk sign the warrant. These guys really don't know
[14:01.440 --> 14:08.840] that a county clerk can't sign a warrant. They've got every warrant they've ever produced
[14:08.840 --> 14:18.040] signed by the clerk. And the case law is real clear. It has to be signed by a magistrate
[14:18.040 --> 14:23.640] after examining trial, after a determination of probable cause. And, you know, all the
[14:23.640 --> 14:30.000] codes there have to tell them to do that. That's 16.20 Code of Criminal Procedure directs
[14:30.000 --> 14:37.040] a magistrate after a determination of probable cause if it's on arrest without a warrant
[14:37.040 --> 14:42.800] or if the person's never been arrested to prepare a warrant. Doesn't say anything about
[14:42.800 --> 14:49.520] having the clerk do it. Tells him to do it. They've just never had anybody question their
[14:49.520 --> 14:57.880] procedures and they've been doing it so long that they don't know any better. And now
[14:57.880 --> 15:04.880] I go back through their courts and challenge just about every warrant they've produced
[15:04.880 --> 15:11.120] for the last, you know, there's no statute of limitations on subject matter jurisdiction.
[15:11.120 --> 15:20.480] We can go back as far as we want to and render every warrant void. Every arrest on a warrant
[15:20.480 --> 15:31.920] signed by a clerk is a false arrest. All these guys are boneheads. So, Eddie. Yes, sir. You're
[15:31.920 --> 15:36.680] going to be ready to go down with me when I go down and have them arrest me. Yeah, that'd
[15:36.680 --> 15:45.760] be fine. Joe's not going to like the fact that I'm there. Good. I like the fact that
[15:45.760 --> 15:52.560] he doesn't like the fact. Oh, for those who don't know, Joe Evans is the person who filled
[15:52.560 --> 16:01.280] out the complaint against me. He was apparently the sheriff of Nacogdoches County at one time
[16:01.280 --> 16:08.040] and Eddie worked for him. That's when Eddie was in the pig business. Yep. And that's the
[16:08.040 --> 16:16.240] reason I'm no longer in the pig business. Hey, Randy, I am reading 21.002, Contempt
[16:16.240 --> 16:23.080] of Court. And it's interesting to note for folks out there that the justice or municipal
[16:23.080 --> 16:31.040] court, all right, cannot hold you in contempt for a fine of more than $100 or confine you
[16:31.040 --> 16:43.000] for more than three days. Ooh, or both. That's their limitation. Cool. Okay. The phone lines
[16:43.000 --> 16:51.080] are open. We're about to go to break. Randy Kelton, Deborah Stevens and Eddie Craig. Deborah's
[16:51.080 --> 17:00.960] still away. She'll be back Thursday. We'll be back right after this break. Invest Insurance
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[18:24.120 --> 18:31.120] Thank you.
[18:54.120 --> 19:07.000] Okay, we're back. Randy Kelton, Debra Stevens, Eddie Craig, Rule of Law Radio. We were talking
[19:07.000 --> 19:15.000] about them wanting me to join their little party down in Cherokee County and me not wanting
[19:15.000 --> 19:20.720] to join their little party and primarily about always read the code. I have another story
[19:20.720 --> 19:26.320] that I tell occasionally about reading the code. A friend was charged with failure to
[19:26.320 --> 19:33.520] yield right-of-way and he was driving down the street apparently. I'm not sure what he
[19:33.520 --> 19:39.720] did, but I asked him what were the elements and he said, well, failure year right-of-way.
[19:39.720 --> 19:46.520] What does it mean? He assumed he knew, so I asked him to read the code. When he read
[19:46.520 --> 19:54.920] it in Texas failure year right-of-way statute says it is a misdemeanor for a person to fail
[19:54.920 --> 20:03.520] to yield right-of-way while exiting an alley. That was the only time it applied. I was in
[20:03.520 --> 20:11.000] court and a guy was being prosecuted for failed to yield right-of-way. Had an attorney. Guy
[20:11.000 --> 20:17.760] made a right turn on red. Some guy run into the back of him. He claimed the guy intentionally
[20:17.760 --> 20:25.060] ran into him, didn't slow down on purpose. I asked the attorney, when was the last time
[20:25.060 --> 20:31.200] you read the statute on failure to yield right-of-way? He said, well, it's just been a long time.
[20:31.200 --> 20:36.400] You might want to read it again. While I was arguing with the judge, he got the judge's
[20:36.400 --> 20:43.440] code out and read it. When I was done, he was sitting there grinning from ear to ear.
[20:43.440 --> 20:49.560] The attorney had never read the code. He was going to come into court and argue that statute
[20:49.560 --> 20:58.240] as if it applied. The guy would have been found guilty as if it applied for something
[20:58.240 --> 21:06.440] that was not a crime, just because nobody knew. Nobody did their homework. This happens
[21:06.440 --> 21:15.800] a lot in criminal prosecutions. For instance, in this case, I'm charged with a crime I could
[21:15.800 --> 21:24.280] not possibly commit as a matter of law. If I hadn't read the code, I wouldn't have known
[21:24.280 --> 21:36.600] that. So, read the code. Okay. What's up with you lately, Eddie? Where are you at now?
[21:36.600 --> 21:41.880] Well, I'm still waiting on my house to get cleared. The folks didn't move out in time.
[21:41.880 --> 21:48.360] It hasn't been cleaned yet, to my knowledge, so I'm waiting still to get moved in. In the
[21:48.360 --> 21:53.480] meantime, I'm just kind of hanging out with my friend and helping him around his place
[21:53.480 --> 22:02.680] until I manage to get over there. How about the traffic? Have we made any headway on traffic?
[22:02.680 --> 22:08.000] I am plowing through the documentation as hot and heavy as I can to get it typed up
[22:08.000 --> 22:16.440] and ready for us to get a seminar on the road and in the works. Good. I'm hoping we can
[22:16.440 --> 22:28.280] get that real soon. I was looking at the mortgages. We had Steve called in on a mortgage and he
[22:28.280 --> 22:38.920] sent me a forensic analysis of his mortgage. Anybody out there who has a mortgage, whether
[22:38.920 --> 22:46.720] you're behind or not, you should consider getting a forensic analysis of the mortgage.
[22:46.720 --> 22:53.600] If you're interested in getting one, I have a friend who can do that. She was an executive
[22:53.600 --> 23:03.200] vice president of a credit union for 25 years. She knows these inside and out. She assures
[23:03.200 --> 23:11.120] me there's not a single mortgage out there that's not fraud. If you have a mortgage,
[23:11.120 --> 23:19.920] you can be certain you're paying too much money. They never get it right. Because they
[23:19.920 --> 23:30.240] don't get it right, if they make certain errors, especially if they overcharge, that's fraud.
[23:30.240 --> 23:37.960] For fraud, you can sue for the loss, plus you can sue for punitive. Since fraud goes
[23:37.960 --> 23:48.760] to contract, you get attorney fees. Every mortgage out there is subject to being sued
[23:48.760 --> 23:52.840] for fraud. Anybody out there who has a mortgage and you're paying a lot of money to these
[23:52.840 --> 23:59.320] guys, you might want to have a forensic analysis done. If you're interested in getting that
[23:59.320 --> 24:07.400] done, get ahold of me. I'll talk to Ms. Trawla. I don't know what's your charge to do that.
[24:07.400 --> 24:15.600] She didn't say, but she assured me she could do it easy enough. Then you can take the forensic
[24:15.600 --> 24:24.440] analysis and either file suit against the mortgage company for fraud or take it to the
[24:24.440 --> 24:34.640] mortgage company and use it as a bargaining chip to lower the amount of your mortgage.
[24:34.640 --> 24:46.160] Possibly even both. Possibly both. If the mortgage company is not amenable to negotiation
[24:46.160 --> 24:55.520] and Obama, I'm far from an expert in this, but Obama stopped. He had a moratorium put
[24:55.520 --> 25:03.280] in place on foreclosures. He asked the banks to hold off until he could get a program in
[25:03.280 --> 25:12.880] place to help people be able to stay in their homes. There are some new programs out there
[25:12.880 --> 25:21.320] that are designed to allow you to renegotiate your loan. They call it to mediate it. Because
[25:21.320 --> 25:27.280] of the federal programs, you can get the mortgage companies to forgive a lot of the debt.
[25:27.280 --> 25:32.360] Yeah, but I'd be real wary of that because you can bet the federal government is going
[25:32.360 --> 25:36.400] to have their finger in that pie where if you do default or get foreclosed on, they
[25:36.400 --> 25:39.400] wind up with the property.
[25:39.400 --> 25:45.720] Well, that's why you have these different options. No, apparently it's not like that.
[25:45.720 --> 25:52.400] They just directed the mortgage companies to cut these folks some deals. Well, actually
[25:52.400 --> 25:58.920] I'm not sure how all of that works, but there are options. Even if they've got their finger
[25:58.920 --> 26:07.880] in it, if you're about to lose your house and this will cut your mortgage by 20 percent,
[26:07.880 --> 26:16.240] it's better than losing your house altogether. But the other option is I like the idea of
[26:16.240 --> 26:24.280] taking an existing mortgage on which you are not in default and going back at them for
[26:24.280 --> 26:32.280] fraud for charging you too much money. The one I looked at, the mortgage, the interest
[26:32.280 --> 26:41.320] rate was six percent stated. Apparently they estimated the six point five percent rate.
[26:41.320 --> 26:50.880] The actual rate was six point nine. That's almost a full percentage point above what
[26:50.880 --> 26:57.280] the mortgage should have been. And over the life of a mortgage that comes out to be a
[26:57.280 --> 27:07.200] tremendous amount of money that the person's being defrauded out of. Also, this particular
[27:07.200 --> 27:13.600] mortgage had an eighty dollar tax charge on it that the mortgage company was not allowed
[27:13.600 --> 27:22.280] to charge back to the buyer. So if you take that eighty dollars a month and apply it to
[27:22.280 --> 27:30.800] the principal, if you put a payment on the front end extra, it just about triples or
[27:30.800 --> 27:37.440] quadruples on the back end from interest you don't have to pay on it.
[27:37.440 --> 27:43.520] Well believe it or not, Randy, the people doing the selling do the same thing on automobiles
[27:43.520 --> 27:49.640] are doing on the houses. That vehicle inventory tax that every dealer has that they have to
[27:49.640 --> 27:55.600] pay to the state. The law specifically states that it is not to be considered part of the
[27:55.600 --> 28:01.440] selling price of the vehicle, yet it is on every bill of sale and they're passing their
[28:01.440 --> 28:05.920] tax liability on to the customer buying the car. Even though it specifically states the
[28:05.920 --> 28:10.680] tax is levied on the dealer and that it is not to be a part of the total sale price of
[28:10.680 --> 28:15.680] the car. So they're doing the same thing on cars as they're doing on mortgages in that
[28:15.680 --> 28:16.680] regard.
[28:16.680 --> 28:23.960] Oh, that's wonderful. I just finished paying off thirty grand for a car. I need to look
[28:23.960 --> 28:27.200] at how much of that was this tax.
[28:27.200 --> 28:32.680] It'll be over two thousand dollars most likely if you paid that much for it.
[28:32.680 --> 28:44.160] Good. So I take the two thousand dollars actual and then triple punitive. I sue them for eight
[28:44.160 --> 28:47.880] thousand dollars.
[28:47.880 --> 28:54.120] Oh don't forget the compound interest on that two thousand that you would have had in your
[28:54.120 --> 28:55.120] pocket.
[28:55.120 --> 28:56.120] Ah, that I paid.
[28:56.120 --> 28:57.120] Yes.
[28:57.120 --> 29:03.760] That's pretty good. We need to look at these things. There's a lot of options out there
[29:03.760 --> 29:10.040] that we've always been so passive. We need to stop being a passive and start getting
[29:10.040 --> 29:11.040] aggressive.
[29:11.040 --> 29:14.360] Yeah. What do you mean you're going to steal an extra seven thousand from me in taxes I
[29:14.360 --> 29:19.640] don't know. Oh, all right. Go ahead.
[29:19.640 --> 29:25.520] It's amazing how much of that's going on. But right now with the economy falling apart,
[29:25.520 --> 29:30.280] the pressure is on and the courts appear more willing to take some action. I just got an
[29:30.280 --> 29:39.640] email about a judge in Florida that threw out fifteen thousand cases where there were
[29:39.640 --> 29:43.440] three possessions because of irregularity. Fifteen thousand.
[29:43.440 --> 29:46.680] That's quite a few.
[29:46.680 --> 29:49.960] So the heat's on and we're getting more of the courts to actually work for. We'll be
[29:49.960 --> 29:59.680] right back. Randy Kelton, Debra Stevens, Eddie Craig, Rule of Law Radio.
[29:59.680 --> 30:03.680] Gold prices are at historic highs and with the recent pullback, this is a great time
[30:03.680 --> 30:08.580] to buy. With the value of the dollar, risks of inflation, geopolitical uncertainties and
[30:08.580 --> 30:13.520] instability in world financial systems, I see gold going up much higher. Hi, I'm Tim
[30:13.520 --> 30:18.160] Fry at Roberts and Roberts Brokerage. Everybody should have some of their assets in investment
[30:18.160 --> 30:22.960] grade precious metals. At Roberts and Roberts Brokerage, you can buy gold, silver and platinum
[30:22.960 --> 30:28.700] with confidence from a brokerage that specialized in the precious metals market since 1977.
[30:28.700 --> 30:32.440] If you are new to precious metals, we will happily provide you with the information you
[30:32.440 --> 30:37.320] need to make an informed decision whether or not you choose to purchase from us. Also,
[30:37.320 --> 30:41.240] Roberts and Roberts Brokerage values your privacy and will always advise you in the
[30:41.240 --> 30:45.840] event that we would be required to report any transaction. If you have gold, silver
[30:45.840 --> 30:53.480] or platinum you'd like to sell, we can convert it for immediate payment. Call us at 800-874-9760.
[30:53.480 --> 31:09.120] Roberts and Roberts Brokerage, 800-874-9760.
[31:09.120 --> 31:23.920] Well this one is dedicated to the girl Aunt Julie. But you know she well gully. Some say
[31:23.920 --> 31:27.260] she's a coolie. But Julie is no fool. She want money when it comes to romance. And I'm not
[31:27.260 --> 31:34.960] gonna lie to you. Okay? Because, Julie knows well gully. She said she don't want no money
[31:34.960 --> 32:02.720] And I was talking to Eddie on the break about the traffic center, and Eddie has done his
[32:02.720 --> 32:16.880] seminar on or his treatment of traffic, but we've only really done that once, and we really
[32:16.880 --> 32:21.640] need to go over these things several times to get them to stick.
[32:21.640 --> 32:29.240] So if you would, Eddie, I'd like you to give us about 30 minutes or 45 minutes of walking
[32:29.240 --> 32:37.480] through the traffic issue start to finish, or not the whole thing, but kind of, it don't
[32:37.480 --> 32:41.360] have to be as detailed as the first time, but kind of walk through the basics so we've
[32:41.360 --> 32:48.840] got a good idea of what the structure of what you're going to be dealing with is.
[32:48.840 --> 32:53.560] Basically what I wish to do is I want to try to make all the documentation that we provide
[32:53.560 --> 32:58.160] at the seminar as comprehensive as possible, not only do I want everybody to be informed
[32:58.160 --> 33:04.520] about what the law is, but we want to also be able to supply you with the means to be
[33:04.520 --> 33:14.640] offensive rather than defensive when you are apprehended committing a nothing.
[33:14.640 --> 33:20.400] So basically speaking, the documentation is going to discuss each portion of the law,
[33:20.400 --> 33:24.960] which I'm going to go over briefly here momentarily, and at the same time, I'm also going to try
[33:24.960 --> 33:32.960] to make it where it will have sample affidavits, sample motions, sample subject matter jurisdiction
[33:32.960 --> 33:40.480] dismissals, actual criminal complaints, as well as actual motions to file in a lawsuit
[33:40.480 --> 33:46.920] in retaliation, or I guess I should say recompense rather than retaliation for the time, money,
[33:46.920 --> 33:51.960] and effort you had to put into defending yourself from a false charge to begin with.
[33:51.960 --> 33:59.440] So basically, I do wish to make it as comprehensive for everyone as possible, but right now, let's
[33:59.440 --> 34:01.640] begin where we always need to begin.
[34:01.640 --> 34:08.080] Who is required to have a driver's license within the great state of Texas?
[34:08.080 --> 34:14.840] In the Texas Transportation Code, Section 521 and Section 522, they deal with specific
[34:14.840 --> 34:22.160] licensure requirements, and they are dealing with the commercial licenses.
[34:22.160 --> 34:32.400] 521 is an occupational license, and it specifically defines that as a temporary license, permit,
[34:32.400 --> 34:35.560] or occupational license.
[34:35.560 --> 34:42.640] So right there, if you go and look up the definition of occupational license, it will
[34:42.640 --> 34:46.520] tell you that it is a license to conduct a business.
[34:46.520 --> 34:52.080] So right off the bat, the driver's license that they assume everyone must have is a license
[34:52.080 --> 34:54.920] to conduct business upon the roads.
[34:54.920 --> 34:57.620] It is a commercial activity license.
[34:57.620 --> 35:02.360] We all knew this, but no one ever seemed to find where it said that.
[35:02.360 --> 35:07.040] Well, there it is, Chapter 521, Texas Transportation Code.
[35:07.040 --> 35:11.560] Chapter 522 deals with the commercial driver's license, the CDL.
[35:11.560 --> 35:17.720] The CDL says that if you're operating a motor vehicle in excess of 26,000 pounds carrying
[35:17.720 --> 35:23.920] capacity or 16 or more paying passengers, then you must have a commercial driver's license
[35:23.920 --> 35:27.440] for the larger commercial activity.
[35:27.440 --> 35:32.680] It's interesting to note that the various definitions of motor vehicles also seem to
[35:32.680 --> 35:35.240] divide along those same lines.
[35:35.240 --> 35:40.040] You have the commercial motor vehicle definition, which is 26,000 pounds carrying capacity
[35:40.040 --> 35:48.640] or 16 paying passengers, and then you have motor vehicle, which is everything below that.
[35:48.640 --> 35:53.760] These are what I refer to as daisy chain statutes.
[35:53.760 --> 35:57.000] Basically speaking, the logic goes like this.
[35:57.000 --> 36:01.280] We've now determined that in order to have a license, you must be in some sort of commercial
[36:01.280 --> 36:07.160] occupation either under 522 or 521 Transportation Code.
[36:07.160 --> 36:13.440] No insurance company in any state that I'm aware of will issue insurance to an unlicensed
[36:13.440 --> 36:17.000] driver, period.
[36:17.000 --> 36:22.440] The only thing that you can have other than a license is the temporary license or the
[36:22.440 --> 36:25.740] temporary permit, the learner's permit.
[36:25.740 --> 36:30.880] You have to have one of these three types of documents in order to get insurance.
[36:30.880 --> 36:37.800] Now, if you cannot get insurance because you're not required to have a license, that's a daisy
[36:37.800 --> 36:38.800] chain.
[36:38.800 --> 36:42.280] You can't get the insurance without the license.
[36:42.280 --> 36:50.880] At the same time, you can't register your vehicle because 501.004 deals with the certificate
[36:50.880 --> 36:51.880] of title.
[36:51.880 --> 36:57.840] It specifically states that a certificate of title, which is a required item for registering
[36:57.840 --> 37:04.000] a vehicle, says that it applies only to government owned or political subdivision owned motor
[37:04.000 --> 37:05.000] vehicles.
[37:05.000 --> 37:10.520] Now, that right there, I don't know about you, but that tells me that the only vehicles
[37:10.520 --> 37:17.840] that can be required to be set up with a certificate of title at the moment of sale are those that
[37:17.840 --> 37:21.560] either the state, the county, or the cities own.
[37:21.560 --> 37:25.400] No other vehicle is required to have a certificate of title.
[37:25.400 --> 37:29.080] Section 502 deals with the registration of vehicles.
[37:29.080 --> 37:35.500] That section specifically states that a certificate of title is required, proof of insurance or
[37:35.500 --> 37:41.160] financial responsibility, as the law states, is required.
[37:41.160 --> 37:46.560] So we have two things, one which says it applies only to state owned vehicles, one which you
[37:46.560 --> 37:53.440] cannot get without a driver's license, which only applies to commercial operation.
[37:53.440 --> 38:00.000] There's two required elements for registering any vehicle and converting it from private
[38:00.000 --> 38:05.600] automobile into a commercial motor vehicle of either one capacity or another.
[38:05.600 --> 38:07.460] Again, it's a daisy chain.
[38:07.460 --> 38:14.480] You can't get from one to the other without the beginning, which is the driver's license.
[38:14.480 --> 38:18.140] So now we've done away with the requirement to register.
[38:18.140 --> 38:23.240] We've done away with the requirement to carry insurance on it because it cannot be classified
[38:23.240 --> 38:27.560] as a motor vehicle if it is not registered.
[38:27.560 --> 38:35.240] Now get that, if the vehicle is not registered, it cannot be classified as a motor vehicle
[38:35.240 --> 38:41.860] because the definition of motor vehicle partly contains any vehicle required to be registered
[38:41.860 --> 38:44.200] in this state.
[38:44.200 --> 38:47.240] Once it's registered, it becomes a motor vehicle.
[38:47.240 --> 38:52.600] That's the reason you pay the registration fee to the tax collector.
[38:52.600 --> 38:58.560] All that license plate is is proof that you paid money to obtain a tax license for your
[38:58.560 --> 39:03.680] vehicle, thus converting it into a commercial motor vehicle for the purposes of generating
[39:03.680 --> 39:07.680] revenue, which a private automobile does not do.
[39:07.680 --> 39:12.720] As you can see, this is all revolving around a nucleus of commerce.
[39:12.720 --> 39:18.200] Each one of these things is the outside little electron floating around, and all of these
[39:18.200 --> 39:24.720] comprise the commercial activity that they want you to have all of these things for.
[39:24.720 --> 39:31.280] Now again, if we go to inspection, only a motor vehicle required to be registered in
[39:31.280 --> 39:35.440] this state is required to be inspected.
[39:35.440 --> 39:38.640] And in order to inspect it, what else do you need?
[39:38.640 --> 39:44.640] Proof of insurance, which again, you cannot get without the driver's license, which you're
[39:44.640 --> 39:49.240] not required to have if you're not engaged in commerce.
[39:49.240 --> 39:56.480] So in a very succinct fashion, you have no driver's license requirement, therefore you
[39:56.480 --> 40:01.000] cannot be required to register your vehicle because you're not operating it as a commercial
[40:01.000 --> 40:05.580] vehicle, therefore no certificate of title, no insurance requirement.
[40:05.580 --> 40:10.000] You cannot be made to get insurance for your vehicle because you cannot be made to get
[40:10.000 --> 40:13.180] the driver's license because it doesn't apply to you.
[40:13.180 --> 40:17.940] You cannot be required to register your vehicle because again, it applies to a motor vehicle
[40:17.940 --> 40:24.520] that has already been registered and therefore now needs to be inspected, and you can't get
[40:24.520 --> 40:29.580] that without the proof of insurance, and you can't get it without your driver's license.
[40:29.580 --> 40:32.920] So it's all chained together at the hip.
[40:32.920 --> 40:39.320] Without the driver's license, none of the rest of it can possibly be made to apply.
[40:39.320 --> 40:45.200] I mean, I've seen all kinds of groups on Yahoo and everything else where they have the great
[40:45.200 --> 40:51.880] debate over how to fight all of this in court, and not one time do any of these so-called
[40:51.880 --> 40:57.560] groups come up with the actual statute, which absolutely astonishes me for the state of
[40:57.560 --> 41:03.960] Texas since out of all the states, we absolutely have the best statutory construction of any
[41:03.960 --> 41:04.960] of them.
[41:04.960 --> 41:10.000] It's easiest to read, it's easiest to research, it is very well cross-referenced.
[41:10.000 --> 41:14.840] All you've got to do is follow the references, and you can piece this all together yourself.
[41:14.840 --> 41:19.880] But the point being that all it takes is a little due diligence on your part, and you
[41:19.880 --> 41:26.240] can see where this does not apply to you, and it's just astounding what you can find
[41:26.240 --> 41:28.700] out when you go and get these things.
[41:28.700 --> 41:35.400] When you go buy a car from a dealer, what you do not want to happen is you don't want
[41:35.400 --> 41:44.700] to allow the dealer to take your MSO, your MCO, and send that to Austin and exchange
[41:44.700 --> 41:46.960] it for a certificate of title.
[41:46.960 --> 41:53.320] A certificate of title is nothing more than legal title to a piece of property.
[41:53.320 --> 41:58.840] Legal title means that you have all of the semblance of ownership and rights, but you
[41:58.840 --> 42:00.920] don't actually possess them.
[42:00.920 --> 42:07.880] Therefore, you don't truly own the vehicle if that MSO or MCO is in someone else's possession.
[42:07.880 --> 42:14.500] That is the true equitable title to any automobile, or anything else for that matter.
[42:14.500 --> 42:18.920] If you allow Austin to get their hands on it, it goes to microfiche, and the actual
[42:18.920 --> 42:21.440] document itself is destroyed.
[42:21.440 --> 42:25.720] At that point, the original title no longer exists.
[42:25.720 --> 42:31.400] That's where most people get the implication that the state now owns your car.
[42:31.400 --> 42:36.060] For most part, that would appear to be true as long as they hold that document.
[42:36.060 --> 42:40.680] It's very important that if you go down and buy a vehicle that you know where that certificate
[42:40.680 --> 42:42.320] goes.
[42:42.320 --> 42:44.220] You do not want it going to Austin.
[42:44.220 --> 42:51.000] You want to insist that it be turned over either to the first lien holder or to you,
[42:51.000 --> 42:58.120] but you do not want it sent to Austin because you'll never, ever see it again.
[42:58.120 --> 43:02.880] That would seem grounds for suit for fraud.
[43:02.880 --> 43:05.640] It's most assuredly grounds for suit.
[43:05.640 --> 43:10.640] Most assuredly, because that's exactly what it is, but that's exactly why that car dealer
[43:10.640 --> 43:15.480] shovels 20 different pieces of paper in front of you when you're buying that car.
[43:15.480 --> 43:18.880] Somewhere along the line in that stack of paper, you're granting power of attorney for
[43:18.880 --> 43:24.080] him to transfer your title to ownership to the state.
[43:24.080 --> 43:30.160] The dealer's behind will be covered unless you make specific note that I want to know
[43:30.160 --> 43:36.080] what each of these documents does and I want to know who is getting my MSO or MCO.
[43:36.080 --> 43:43.440] It's by the automobile outright, insist that document be handed over to you, not to the
[43:43.440 --> 43:44.440] state.
[43:44.440 --> 43:47.440] Do not allow the dealer to send it to the state.
[43:47.440 --> 43:49.440] Okay, it's about to go to break.
[43:49.440 --> 43:50.440] This is back.
[43:50.440 --> 43:53.440] Ready to talk to David Stevens.
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[45:18.920 --> 45:40.040] Okay we're back, Randy Kelton, Debra Stevens, Eddie Craig, Woodle the Ball Radio, Eddie
[45:40.040 --> 45:48.280] was going through the traffic details, okay Eddie you want to pick up where you were at?
[45:48.280 --> 45:52.040] We're talking about MSOs and titles.
[45:52.040 --> 45:56.600] Yeah the last thing I was saying is you don't want that document sent to the state if you
[45:56.600 --> 45:59.320] went in and you bought the automobile outright.
[45:59.320 --> 46:04.160] If you paid cash for it or any other means to acquire full ownership right then and there,
[46:04.160 --> 46:09.280] do not let that document leave the dealer to go anywhere but into your hands.
[46:09.280 --> 46:12.880] And you can insist upon it, they'll say well we'll do it for you, you don't have to worry
[46:12.880 --> 46:17.360] about it and you say well I don't want you to worry about it, it's my car, it's my paperwork,
[46:17.360 --> 46:20.640] give it to me.
[46:20.640 --> 46:25.200] But for the most part, that's really the summary information, that's what you need to know.
[46:25.200 --> 46:32.840] Those specific sections, 521 and 522 deal with the occupational license and the CDL
[46:32.840 --> 46:33.840] respectively.
[46:33.840 --> 46:40.120] 501 deals with the certificate of title, 502 deals with registration of motor vehicles,
[46:40.120 --> 46:45.800] 601 deals with financial responsibility requirements, meaning insurance.
[46:45.800 --> 46:50.840] And I believe it's 504 that deals with inspection, 503 or 504.
[46:50.840 --> 46:54.960] But either way, without the driver's license requirement, none of the rest of them can
[46:54.960 --> 46:56.760] be made to apply.
[46:56.760 --> 47:01.880] Without the ownership requirement being state or political subdivision of the state, the
[47:01.880 --> 47:05.620] certificate of title cannot be made to apply.
[47:05.620 --> 47:10.860] So with those sections under your belt, it's very very easy to read through them and discover
[47:10.860 --> 47:16.200] that you've been defrauded, you've been lied to, you've been stolen from, and it is an
[47:16.200 --> 47:19.280] ongoing state.
[47:19.280 --> 47:28.000] We need to start holding these people accountable for their inability to read their own rules.
[47:28.000 --> 47:35.960] I really need to get the paperwork, everything I signed when I purchased this automobile.
[47:35.960 --> 47:42.520] Because I suspect that if the notice is in there, it's couched in the language so that
[47:42.520 --> 47:47.920] an ordinary person of reasonable prudence would not understand it, therefore I did not
[47:47.920 --> 47:50.320] get full disclosure.
[47:50.320 --> 47:53.480] Correct.
[47:53.480 --> 48:01.360] Once we can determine that, the auto dealers aren't in enough difficulty.
[48:01.360 --> 48:03.400] We need to go give them some more.
[48:03.400 --> 48:05.400] Yeah, this is true.
[48:05.400 --> 48:11.600] It's my philosophy, when you got your opponent on the ropes, where he's fell back and got
[48:11.600 --> 48:16.640] both arms on the ropes holding himself up and his legs are spread out in front of him,
[48:16.640 --> 48:17.640] what do you do?
[48:17.640 --> 48:22.280] You kick him in the crotch.
[48:22.280 --> 48:26.160] In this particular case, kicking them when they're down is not a bad idea because that's
[48:26.160 --> 48:29.440] all they try to do to us is keep us that way.
[48:29.440 --> 48:30.440] Exactly.
[48:30.440 --> 48:39.280] And if we talk about these things as problems and people complain about them, and I've heard
[48:39.280 --> 48:49.640] this about the title, the car actually belonging to the state for a long time, but nobody has
[48:49.640 --> 48:57.980] ever structured it quite as succinctly as Eddie did and made it clear and understandable.
[48:57.980 --> 49:05.960] But even all this time, we seem to not understand the nature of our remedies.
[49:05.960 --> 49:14.040] We seem to not understand that we are sovereigns, that if there is a problem here, we're the
[49:14.040 --> 49:17.520] ones that need to fix it.
[49:17.520 --> 49:27.400] But in looking at this, this may be a relatively interesting fix, especially if I have eight
[49:27.400 --> 49:37.040] or ten grand in taxes and punitive and interest, I may get them to buy a new car for me.
[49:37.040 --> 49:43.040] That would be nice, or at least give me a few of the bucks back that I gave to them.
[49:43.040 --> 49:48.840] And if we put this together as a package and enough people start hammering them, they'll
[49:48.840 --> 49:51.080] start telling the state to go scratch.
[49:51.080 --> 49:55.200] If you want that MSO, you go to this guy and try to get it from him.
[49:55.200 --> 50:05.880] Eddie, are you aware of any requirements that the state has that gives the dealer reason
[50:05.880 --> 50:10.560] to move that MSO to the state?
[50:10.560 --> 50:15.040] All I know is I've gone through the pieces of paperwork that most of the dealers have
[50:15.040 --> 50:18.880] to fill out when they're having you purchase the automobile, everything that goes with
[50:18.880 --> 50:26.440] it, and one of those is a transfer document that transfers the title over for safekeeping,
[50:26.440 --> 50:29.040] as it were, to the state.
[50:29.040 --> 50:34.440] However, there is no reason, but that is so that the certificate of title, which is the
[50:34.440 --> 50:38.280] lien holder document, can be produced.
[50:38.280 --> 50:44.960] However, what I'm not understanding about this process is if the state is actually supposed
[50:44.960 --> 50:50.960] to be the third party intermediary disinterested holder in due course until the notice paid
[50:50.960 --> 50:56.920] in full, where did their responsibility to return the true equitable title to the property
[50:56.920 --> 51:00.080] go once the lien is fulfilled?
[51:00.080 --> 51:05.160] Well, we're still talking about title.
[51:05.160 --> 51:08.160] That's right, but that's what a certificate of title is.
[51:08.160 --> 51:09.800] I'm not interested in title.
[51:09.800 --> 51:16.160] I'm interested in bill of sale.
[51:16.160 --> 51:25.480] From understanding the way you've spoken to the nature of title, title means if I have
[51:25.480 --> 51:32.400] a title, that means that the state actually has the certificate of origin, the bill of
[51:32.400 --> 51:33.400] sale.
[51:33.400 --> 51:37.600] Well, no, what you've got is you've got two different types of title.
[51:37.600 --> 51:42.080] You have legal title, which gives all the appearance of true ownership, and then you
[51:42.080 --> 51:48.840] have equitable title, which is what your MSO slash MCO represents, which is true ownership.
[51:48.840 --> 51:53.240] Okay, so we've got title down.
[51:53.240 --> 51:57.640] So title also goes, equitable title goes to MSO.
[51:57.640 --> 51:58.640] Correct.
[51:58.640 --> 52:00.600] MSO is what I want.
[52:00.600 --> 52:01.600] Correct.
[52:01.600 --> 52:10.640] I go to an automobile dealer and I pay him for a piece of equipment, and normally I would
[52:10.640 --> 52:12.520] get a bill of sale.
[52:12.520 --> 52:13.520] Correct.
[52:13.520 --> 52:17.640] But instead, he gives the bill of sale to the state.
[52:17.640 --> 52:18.640] Correct.
[52:18.640 --> 52:24.840] And they issue you a little certificate that says, now you appear to own this property,
[52:24.840 --> 52:27.280] but we actually have the real thing.
[52:27.280 --> 52:35.240] So that goes to fraud by deception, fraud by nondisclosure.
[52:35.240 --> 52:36.240] Correct.
[52:36.240 --> 52:39.160] Well, actually, it's correct both ways.
[52:39.160 --> 52:43.720] But the fact of the matter is when you look up certificate of title, certificate of title
[52:43.720 --> 52:50.120] tells you that it is specifically designed to record the lien holders on a loan.
[52:50.120 --> 52:51.760] That's all it's for.
[52:51.760 --> 52:56.520] It does not convey ownership rights.
[52:56.520 --> 53:02.880] It simply records who has the interest in the lien, who is first lien holder, second
[53:02.880 --> 53:05.320] lien holder, so on and so forth.
[53:05.320 --> 53:10.040] So that's what I was speaking to a moment ago where if the state is supposed to be the
[53:10.040 --> 53:16.520] disinterested third party intermediary who holds the true title until the lien is settled
[53:16.520 --> 53:23.980] between the parties, what happened to their responsibility once that lien is paid in full,
[53:23.980 --> 53:31.040] and debt's paid in full, to return that equitable title to the person to whom it belongs?
[53:31.040 --> 53:39.360] Because I can find nothing that says they're required to return it.
[53:39.360 --> 53:41.880] And they clearly do not return it.
[53:41.880 --> 53:42.880] Correct.
[53:42.880 --> 53:43.880] No, they destroy it.
[53:43.880 --> 53:44.880] That's what I'm saying.
[53:44.880 --> 53:47.840] They microfiche it and the originals destroy it.
[53:47.840 --> 53:55.840] So if the state has it in safekeeping, then it would behoove me to request it from the
[53:55.840 --> 53:56.840] state.
[53:56.840 --> 53:57.840] Correct.
[53:57.840 --> 54:06.960] And then when the state fails to produce, wait a minute, I don't have anything to do
[54:06.960 --> 54:09.560] with the state in this matter.
[54:09.560 --> 54:13.120] I didn't buy this from the state.
[54:13.120 --> 54:17.440] I bought this from the dealer.
[54:17.440 --> 54:18.440] What's up to the dealer?
[54:18.440 --> 54:26.760] I've paid for the, the thing is paid for, I want equitable title.
[54:26.760 --> 54:28.080] Right.
[54:28.080 --> 54:32.280] But what you've got to be very careful of is what paperwork you are signing when you
[54:32.280 --> 54:34.440] do business with that dealer.
[54:34.440 --> 54:41.520] I want them to bring that paperwork up so I can challenge the paperwork as a misrepresentation
[54:41.520 --> 54:55.000] of fact where the individual misrepresented or failed to state a fact that he was aware
[54:55.000 --> 54:57.800] that I didn't know.
[54:57.800 --> 55:05.240] And if I did know, I would make a decision, different decision based on that knowledge.
[55:05.240 --> 55:10.160] And I did not make the different decision because I was, the knowledge was secreted
[55:10.160 --> 55:13.920] from me and I was harmed as a result.
[55:13.920 --> 55:17.960] That's fraud by non-disclosure.
[55:17.960 --> 55:24.800] So it would seem even if they're required, if there's some statute or some rule that
[55:24.800 --> 55:39.920] requires them to present this to the state, then I don't really care.
[55:39.920 --> 55:42.160] Yes, you know, that's up to them.
[55:42.160 --> 55:52.840] I'm buying the vehicle from the dealer and I have a right to get equitable title.
[55:52.840 --> 55:54.040] I would concur.
[55:54.040 --> 55:55.920] I absolutely concur.
[55:55.920 --> 56:05.040] I mean, even if it, even if it is proper that the title be sent to the state, the equitable
[56:05.040 --> 56:11.520] title to be maintained until such time as the lien is paid, the debt's paid off, that
[56:11.520 --> 56:14.120] in itself would not be a problem.
[56:14.120 --> 56:21.920] But once that debt is cleared, that document should be returned to me as the owner of that
[56:21.920 --> 56:23.600] property.
[56:23.600 --> 56:26.440] That's never ever done.
[56:26.440 --> 56:33.160] The state is using it to presume ownership of your vehicle in such a way as to require
[56:33.160 --> 56:37.760] you to be one of their political subdivisions required to follow the transportation code
[56:37.760 --> 56:38.760] rules.
[56:38.760 --> 56:40.440] That's how it's funneling down anyway.
[56:40.440 --> 56:44.440] So in this case, the state is doing business.
[56:44.440 --> 56:45.440] Correct.
[56:45.440 --> 56:48.440] They're involved in commerce.
[56:48.440 --> 56:55.280] Involved in commerce and in as much as they're involved in commerce, they waive sovereign
[56:55.280 --> 56:56.280] immunity.
[56:56.280 --> 56:59.400] That is correct.
[56:59.400 --> 57:03.720] This could come to an interesting outcome.
[57:03.720 --> 57:06.240] We are getting some calls.
[57:06.240 --> 57:08.040] You want to take a couple calls, Eddie?
[57:08.040 --> 57:09.040] Yeah.
[57:09.040 --> 57:10.040] Be aware.
[57:10.040 --> 57:12.800] We've got about a minute and a half till break.
[57:12.800 --> 57:15.000] Oh, you got a minute and a half.
[57:15.000 --> 57:16.000] I got two minutes.
[57:16.000 --> 57:22.720] Since Deb's been gone, everything's going to pot around here and our caller page is
[57:22.720 --> 57:25.760] going crazy on us.
[57:25.760 --> 57:26.760] But we're struggling through.
[57:26.760 --> 57:27.760] We're real troopers.
[57:27.760 --> 57:37.200] Anyway, it sounds like an interesting suit to put together to go along with the traffic
[57:37.200 --> 57:38.200] issue.
[57:38.200 --> 57:40.280] Yeah, it would.
[57:40.280 --> 57:43.800] It would make a heck of a class action suit, that's for sure.
[57:43.800 --> 57:49.760] Because every person in Texas that's ever bought a car or multiple cars for that matter
[57:49.760 --> 57:54.040] would have a stake in the suit multiple times.
[57:54.040 --> 58:00.480] Or a private attorney general, which gets a nice segue into private attorney general.
[58:00.480 --> 58:08.760] What a private attorney general is, is someone who sues and also sues for others similarly
[58:08.760 --> 58:11.760] situated.
[58:11.760 --> 58:14.920] So we could do that as a private attorney general.
[58:14.920 --> 58:20.000] Researching private attorney general, that's the only way I can find that we can do that.
[58:20.000 --> 58:21.960] I'm sorry, private prosecutor.
[58:21.960 --> 58:26.320] Yeah, private attorney general, that's the only way we can do it with these tapes.
[58:26.320 --> 58:31.080] That could wind up involving federal agencies if they decide to take the case over and think
[58:31.080 --> 58:33.200] they can benefit from it.
[58:33.200 --> 58:34.200] Why TAM?
[58:34.200 --> 58:40.080] In which case we could, we'll talk about that when we come back for a break.
[58:40.080 --> 58:59.280] Randy Kelton, Deborah Stevens, Eddie Craig, Google Law, Radio, we'll be back shortly.
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[01:00:37.000 --> 01:00:47.120] Okay, Randy Kelton, Debra Stevens, Rule of Law Radio with our trusty sidekick, Eddie
[01:00:47.120 --> 01:00:48.120] Craig.
[01:00:48.120 --> 01:00:52.000] We're back and we've got callers stacking up on the board so we're going to take a
[01:00:52.000 --> 01:00:53.240] few callers right now.
[01:00:53.240 --> 01:00:56.880] First, we're going to go to Scott in Connecticut.
[01:00:56.880 --> 01:00:59.320] Hello, Scott, can you hear us?
[01:00:59.320 --> 01:01:01.120] Hey, how are you guys doing tonight?
[01:01:01.120 --> 01:01:03.160] Oh, we're doing pretty good.
[01:01:03.160 --> 01:01:11.120] I just wanted to try to throw Eddie a curve ball if it's even possible.
[01:01:11.120 --> 01:01:15.960] Car dealers need a license, correct?
[01:01:15.960 --> 01:01:21.840] No, actually, it depends on what type of dealer they are.
[01:01:21.840 --> 01:01:27.320] A private dealer that sells used or new cars on his own in Texas does not have to have
[01:01:27.320 --> 01:01:28.320] a license.
[01:01:28.320 --> 01:01:29.320] Okay.
[01:01:29.320 --> 01:01:35.280] But the large commercial incorporated dealerships do.
[01:01:35.280 --> 01:01:43.760] Right, and wouldn't it be the large commercial dealerships, in other words, once the car
[01:01:43.760 --> 01:01:52.320] ends up like it's a used car, okay, that MSO or MCO?
[01:01:52.320 --> 01:01:55.760] Yes, that document has already disappeared.
[01:01:55.760 --> 01:01:56.760] Yes.
[01:01:56.760 --> 01:01:57.760] Okay.
[01:01:57.760 --> 01:01:59.600] So...
[01:01:59.600 --> 01:02:02.480] So they're selling a car they don't own.
[01:02:02.480 --> 01:02:05.920] The dealers have to have a license.
[01:02:05.920 --> 01:02:13.120] Is there something that you need to look for in like their license?
[01:02:13.120 --> 01:02:19.200] In other words, is there something in their license that requires them to surrender that
[01:02:19.200 --> 01:02:20.200] to the state?
[01:02:20.200 --> 01:02:22.920] Well, they can't surrender what isn't theirs.
[01:02:22.920 --> 01:02:27.280] The technical aspect of what the license is is permission for them to conduct the business
[01:02:27.280 --> 01:02:29.440] as an incorporated enterprise.
[01:02:29.440 --> 01:02:31.280] That's what the license grants them.
[01:02:31.280 --> 01:02:38.660] Now, the problem that presents for them, what I do, used car or otherwise, is I take a bill
[01:02:38.660 --> 01:02:45.480] of sale in if I'm buying a car and I have someone sign it, stamp it, notarize it, whatever,
[01:02:45.480 --> 01:02:47.240] that this is a bill of sale.
[01:02:47.240 --> 01:02:52.360] If I buy it from a private citizen, I have a bill of sale.
[01:02:52.360 --> 01:02:59.400] So whether there is an MCO or an MSO in my hands or not, I have an actual bill of sale
[01:02:59.400 --> 01:03:05.160] that is properly authenticated by a notary or multiple witnesses that says, I purchased
[01:03:05.160 --> 01:03:11.480] this automobile this date, this time, this vehicle identification number from this individual
[01:03:11.480 --> 01:03:17.080] for this amount of money and it is my property and my sole property.
[01:03:17.080 --> 01:03:25.920] So at that point, if the state wishes to argue this, let them produce the MCO or MSO.
[01:03:25.920 --> 01:03:26.920] They can't do it.
[01:03:26.920 --> 01:03:28.720] They've already destroyed it.
[01:03:28.720 --> 01:03:33.080] All they can do is produce a microfiche, which is not an original document and therefore
[01:03:33.080 --> 01:03:35.080] cannot be authenticated.
[01:03:35.080 --> 01:03:43.800] Well, the point I'm trying to make is if a licensed dealer did not turn that into the
[01:03:43.800 --> 01:03:54.360] state, would there be a fine or possibly suspension or loss of their license for not doing so?
[01:03:54.360 --> 01:03:59.560] The state would most likely threaten them with it or at least the state has trained
[01:03:59.560 --> 01:04:01.740] them to think it's necessary.
[01:04:01.740 --> 01:04:06.000] But if you actually produce the statute from them that says, show me anywhere where it
[01:04:06.000 --> 01:04:11.560] says in the law that you are required to take my certification document, its equitable title
[01:04:11.560 --> 01:04:13.060] and give it to the state.
[01:04:13.060 --> 01:04:14.840] It doesn't exist.
[01:04:14.840 --> 01:04:19.040] They've been taught that this is what they're supposed to do, but the statute actually does
[01:04:19.040 --> 01:04:22.440] nothing to say that it's required.
[01:04:22.440 --> 01:04:24.720] Okay.
[01:04:24.720 --> 01:04:30.640] That was just something that I wanted to bring up or point out.
[01:04:30.640 --> 01:04:32.640] You know what I'm saying?
[01:04:32.640 --> 01:04:33.640] Yeah.
[01:04:33.640 --> 01:04:34.640] Exactly.
[01:04:34.640 --> 01:04:37.760] It's kind of the same thing a bank goes through with the IRS where they tell you you have
[01:04:37.760 --> 01:04:41.440] to give them a social or they could suffer penalties from the IRS.
[01:04:41.440 --> 01:04:42.440] That's untrue.
[01:04:42.440 --> 01:04:47.320] There are particular things the law says the bank must do in regards to a social security
[01:04:47.320 --> 01:04:48.320] number.
[01:04:48.320 --> 01:04:54.280] They're required to request it, but if it is not provided, then all that is supposed
[01:04:54.280 --> 01:04:59.880] to be required at that point of the bank is they send the certification to the IRS stating
[01:04:59.880 --> 01:05:05.380] the number was requested and they enter your account, your name and your account number
[01:05:05.380 --> 01:05:11.200] onto a report that if it is requested by the Secretary of the Treasury, it is forwarded
[01:05:11.200 --> 01:05:13.000] to the Secretary of the Treasury.
[01:05:13.000 --> 01:05:17.160] That is the only requirement regarding banks and social security numbers, but they treat
[01:05:17.160 --> 01:05:23.280] it as if it's absolutely mandatory or they suffer great harm, which is false.
[01:05:23.280 --> 01:05:26.840] So yeah, your car dealers will most likely claim the same thing.
[01:05:26.840 --> 01:05:30.840] Make them show you in the law where it says that because it doesn't exist.
[01:05:30.840 --> 01:05:31.840] Okay.
[01:05:31.840 --> 01:05:44.000] And one other thought that I had is a person like myself who has a CDL, okay, how can we,
[01:05:44.000 --> 01:05:56.080] in other words, do we still have to, in other words, if you're driving your private automobile,
[01:05:56.080 --> 01:05:58.280] do you still need to produce that license?
[01:05:58.280 --> 01:06:01.560] No, you do not if you're not engaged in commerce.
[01:06:01.560 --> 01:06:08.040] If you are deadheading in your truck, okay, from a haul, you have no trailer or you're
[01:06:08.040 --> 01:06:10.040] running empty.
[01:06:10.040 --> 01:06:16.000] You are not using your CDL at that moment either because you are not conducting business
[01:06:16.000 --> 01:06:17.000] at that moment.
[01:06:17.000 --> 01:06:26.920] This thing of deadheading with truck drivers is a real common problem, but I used to work
[01:06:26.920 --> 01:06:33.880] in that industry and I figured out what causes it, it's diesel fumes.
[01:06:33.880 --> 01:06:36.880] They breathe too many diesel fumes, that's what causes the deadheading.
[01:06:36.880 --> 01:06:37.880] All right.
[01:06:37.880 --> 01:06:40.280] Okay, enough truck driver jittering humor.
[01:06:40.280 --> 01:06:44.520] Randy reengineered his exhaust to empty into his sleeper so he wouldn't need sleeping pills,
[01:06:44.520 --> 01:06:51.080] that's the problem.
[01:06:51.080 --> 01:06:54.840] Now that would be provided you own the truck.
[01:06:54.840 --> 01:06:55.840] No.
[01:06:55.840 --> 01:07:02.240] If you are not actively engaged in commercial activity, and this has been ruled on by the
[01:07:02.240 --> 01:07:09.320] Supreme Court many years ago and not so many years ago, that if you are not actively engaging
[01:07:09.320 --> 01:07:15.160] in commerce, then the need for the commercial license does not exist because the license
[01:07:15.160 --> 01:07:20.160] is based upon the use to which it is being put.
[01:07:20.160 --> 01:07:30.400] Okay, so if I was driving my personal vehicle, or let's forget about deadheading for now,
[01:07:30.400 --> 01:07:37.120] and I was asked to provide some form of ID, would I need some other form of ID beside
[01:07:37.120 --> 01:07:39.480] my commercial driver's license?
[01:07:39.480 --> 01:07:45.560] Show me any law in any state that makes it mandatory for the people of that state to
[01:07:45.560 --> 01:07:48.640] have an identification card of any kind.
[01:07:48.640 --> 01:07:53.760] Well, not yet anyway.
[01:07:53.760 --> 01:07:54.760] They're working on it.
[01:07:54.760 --> 01:07:57.720] Yeah, they are, but it doesn't exist yet.
[01:07:57.720 --> 01:08:03.960] The place you're going to, our next caller who will be coming up, Gary from Texas, he's
[01:08:03.960 --> 01:08:06.440] the one that gave me the answer.
[01:08:06.440 --> 01:08:12.360] If you're deadheading from one place to another to pick up a load, and you're pulled over
[01:08:12.360 --> 01:08:19.400] and you're asked for your license, the thing to tell them is, I have one, but I'm not using
[01:08:19.400 --> 01:08:24.680] it right now, and I got that from Gary.
[01:08:24.680 --> 01:08:28.200] I actually used that in Austin, and it worked very well.
[01:08:28.200 --> 01:08:33.720] The officer asked me, pulled me over and I gave him my ID, and he asked me to come back.
[01:08:33.720 --> 01:08:40.000] I have a Texas ID and a Texas driver's license, and they both look exactly alike.
[01:08:40.000 --> 01:08:44.840] I got them on the same day, the photo's the same, the color scheme's all the same.
[01:08:44.840 --> 01:08:50.200] The only thing that's different is in front of the number, one has DL, the other has ID.
[01:08:50.200 --> 01:08:58.440] So I gave the officer the ID, and the officer figured it out and came back, and he said,
[01:08:58.440 --> 01:09:01.960] well, Mr. Kelton, this is an ID, do you have a driver's license?
[01:09:01.960 --> 01:09:08.760] I said, yes, I do, but I'm not using it right now, and apparently he had been involved in
[01:09:08.760 --> 01:09:12.200] this argument before, and he said, Mr. Kelton, are you one of those guys?
[01:09:12.200 --> 01:09:14.080] I said, yes, I am.
[01:09:14.080 --> 01:09:19.760] He gave me back the ID and said, here, go have a nice day.
[01:09:19.760 --> 01:09:27.600] So the guys who are fighting it are beginning to have some kind of an impact, because we
[01:09:27.600 --> 01:09:32.480] fight this and we jerk them around really good in the courts.
[01:09:32.480 --> 01:09:37.040] Even when we lose, they don't want to go there again.
[01:09:37.040 --> 01:09:42.320] So it's good to make this argument, and I have a couple of tickets that I'm going to
[01:09:42.320 --> 01:09:44.040] look forward to make this argument in.
[01:09:44.040 --> 01:09:50.760] Yeah, and Randy and I are also going to consider trying to figure out how to file the court
[01:09:50.760 --> 01:09:56.800] action as an estoppel, considering that all of these facts have already been adjudicated
[01:09:56.800 --> 01:10:01.600] through the decades since the automobile has been invented.
[01:10:01.600 --> 01:10:07.560] The courts have long, long determined that the people have the right to travel upon the
[01:10:07.560 --> 01:10:11.520] roads even in an automobile.
[01:10:11.520 --> 01:10:19.680] And as a right, it cannot be licensed or regulated in such a way as to nullify the right.
[01:10:19.680 --> 01:10:25.920] So given that this adjudication has already occurred, an estoppel is meant to say these
[01:10:25.920 --> 01:10:29.600] facts have already been adjudicated and decided by a higher court.
[01:10:29.600 --> 01:10:34.160] Therefore, this court has no recourse but to have the same finding.
[01:10:34.160 --> 01:10:38.040] So there is no case, there is no contest here.
[01:10:38.040 --> 01:10:40.160] What am I doing here?
[01:10:40.160 --> 01:10:43.960] And basically get it kicked out the door before they even start ringing the bells.
[01:10:43.960 --> 01:10:48.680] All right, well, I'll get off.
[01:10:48.680 --> 01:10:51.080] You guys can take another call.
[01:10:51.080 --> 01:10:52.080] Thank you.
[01:10:52.080 --> 01:10:53.080] All good.
[01:10:53.080 --> 01:10:54.080] Yep.
[01:10:54.080 --> 01:10:55.080] Okay.
[01:10:55.080 --> 01:10:59.840] Okay, Gary from Texas.
[01:10:59.840 --> 01:11:02.280] Hey, good evening.
[01:11:02.280 --> 01:11:04.480] What's up, Mr. Lochte?
[01:11:04.480 --> 01:11:06.800] Hey, what's going on, Senor?
[01:11:06.800 --> 01:11:09.120] Do you have a driver's license?
[01:11:09.120 --> 01:11:12.040] I do, but I never use it.
[01:11:12.040 --> 01:11:14.240] You have a question before?
[01:11:14.240 --> 01:11:18.560] I've had one for 40 years and I've never used it once.
[01:11:18.560 --> 01:11:27.600] The two subjects tonight I actually have experience in, Randy, as you know I'm involved in the
[01:11:27.600 --> 01:11:31.440] mortgage modification and mitigation.
[01:11:31.440 --> 01:11:40.480] And as you may know, Eddie knows I've had some 23 years' experience as a finance director
[01:11:40.480 --> 01:11:45.520] in automobile dealerships here in Texas.
[01:11:45.520 --> 01:11:52.360] And one of the things that I did not know as I was working with customers all those
[01:11:52.360 --> 01:12:02.520] years, I was just following policy and had no idea that I was engaged in a scheme really
[01:12:02.520 --> 01:12:13.560] to that was a deceptive scheme to force people to register their automobiles as a motor vehicle
[01:12:13.560 --> 01:12:19.120] as if it were to be used in commerce.
[01:12:19.120 --> 01:12:27.440] And I wanted to say that there's so many actors that are involved in this process.
[01:12:27.440 --> 01:12:37.800] The paperwork typically in an automobile transaction is a document called a motor vehicle purchase
[01:12:37.800 --> 01:12:41.160] order.
[01:12:41.160 --> 01:12:45.880] And it doesn't say it's an automobile purchase order or an automobile bill of sale.
[01:12:45.880 --> 01:12:49.800] It says it's a motor vehicle purchase order.
[01:12:49.800 --> 01:13:00.280] And most of these documents are purchased through the NADA or the TADA, which in the
[01:13:00.280 --> 01:13:06.760] NADA is the National Automobile Dealers Association and the TADA is the Texas Automobile Dealers
[01:13:06.760 --> 01:13:07.760] Association.
[01:13:07.760 --> 01:13:16.240] So right off the bat they're leading you into a presumption that you are engaging in a motor
[01:13:16.240 --> 01:13:27.880] vehicle purchase which technically puts you in a commercial relationship with the state.
[01:13:27.880 --> 01:13:33.680] And the second, and it's all done on presumption, the second document is the motor vehicle certificate
[01:13:33.680 --> 01:13:42.240] of title application and as Eddie was saying earlier the primary purpose of that document
[01:13:42.240 --> 01:13:56.000] is to register the lien holder if there is a lien involved on the automobile and also
[01:13:56.000 --> 01:14:07.960] to collect sales tax and license and registration for the presumed commercial use of that automobile.
[01:14:07.960 --> 01:14:11.760] And generally what happens, and in my case these were just documents that we were told
[01:14:11.760 --> 01:14:16.080] to use and I used them and I signed thousands of people up that way.
[01:14:16.080 --> 01:14:22.320] I just didn't know what I was doing, know that I was coercing them into a presumption
[01:14:22.320 --> 01:14:25.760] which actually was a fraud.
[01:14:25.760 --> 01:14:33.000] So everything is presumed that you are delegating the use of your automobile that you're converting
[01:14:33.000 --> 01:14:39.800] it during the sales process, converting it from an automobile to a motor vehicle and
[01:14:39.800 --> 01:14:46.200] you are presumed in that conversion stating that the conduct of that automobile is going
[01:14:46.200 --> 01:14:55.680] to be for commercial purposes which is prima facie evidence that you intend to engage in
[01:14:55.680 --> 01:15:02.000] activities that are regulated by the Texas transportation code or whatever transportation
[01:15:02.000 --> 01:15:05.080] code is applicable for your state.
[01:15:05.080 --> 01:15:12.360] So it's kind of like Eddie describes the daisy chain, it's just exactly like that.
[01:15:12.360 --> 01:15:16.600] So that's the way they do it.
[01:15:16.600 --> 01:15:24.680] So how do we go back and take this apart?
[01:15:24.680 --> 01:15:32.120] Where do we find the weak places in the chain that would go to fraud and deception?
[01:15:32.120 --> 01:15:39.840] Well what I would do now, and I think I can answer your question maybe by answering it
[01:15:39.840 --> 01:15:40.840] in this way.
[01:15:40.840 --> 01:15:49.560] If I was going to go into a dealership and purchase an automobile, what I would do is
[01:15:49.560 --> 01:15:57.440] I would ask them to type up a bill of sale, very similar to what they do whenever they
[01:15:57.440 --> 01:16:03.520] sell a vehicle or an automobile to someone say that's either taking the automobile out
[01:16:03.520 --> 01:16:07.680] of state or out of country.
[01:16:07.680 --> 01:16:15.840] You just use a hand-type bill of sale which shows the purchaser and the identification
[01:16:15.840 --> 01:16:20.080] number of the automobile and what the purchase price was.
[01:16:20.080 --> 01:16:27.280] And I would also use a, have them, or I would make up a form that is somewhat similar to
[01:16:27.280 --> 01:16:32.160] a form that's produced by the motor vehicle department.
[01:16:32.160 --> 01:16:35.080] And should I wait until after the break Randy?
[01:16:35.080 --> 01:16:37.280] Yeah, that would probably work.
[01:16:37.280 --> 01:16:38.280] Okay.
[01:16:38.280 --> 01:16:43.400] Yeah, we've got about a couple minutes here and then we'll get back to you and we'll pick
[01:16:43.400 --> 01:16:44.400] this up.
[01:16:44.400 --> 01:16:45.400] No problem.
[01:16:45.400 --> 01:16:46.400] All right.
[01:16:46.400 --> 01:16:52.160] This is Randy Kelton, Eddie Craig, Deborah Stevens, Rule of Law Radio.
[01:16:52.160 --> 01:16:53.160] We'll be right back.
[01:16:53.160 --> 01:17:03.600] To invest, you buy insurance, you wear your seatbelt, you do things to ensure your family's
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[01:17:57.960 --> 01:18:16.360] Okay, we're back, Andy Kelton, Debra Stevens, Eddie Craig, RuleOfLawRadio, and I even have
[01:18:16.360 --> 01:18:20.200] my mic unmuted this time.
[01:18:20.200 --> 01:18:24.920] I was bringing this out just fine last time, but somebody muted my mic when I wasn't looking.
[01:18:24.920 --> 01:18:26.560] Okay, Gary.
[01:18:26.560 --> 01:18:28.120] Yes.
[01:18:28.120 --> 01:18:29.640] Where were we?
[01:18:29.640 --> 01:18:30.640] Yeah, continuing on.
[01:18:30.640 --> 01:18:34.800] I'll try and answer your question about how do we unwind this thing.
[01:18:34.800 --> 01:18:39.080] If I were going to go in and purchase an automobile today, I would do the following.
[01:18:39.080 --> 01:18:47.600] Number one, I would go in and ask the dealership to type up on a word processor, type up a
[01:18:47.600 --> 01:18:54.080] bill of sale showing the identification number of the automobile, what the purchase price
[01:18:54.080 --> 01:18:58.800] is, how many miles it's got on it, what color, what the date is, and who's the buyer, which
[01:18:58.800 --> 01:18:59.800] is me.
[01:18:59.800 --> 01:19:04.680] I would retain that bill of sale because really, technically, bill of sale is the highest form
[01:19:04.680 --> 01:19:08.880] of ownership that you can have.
[01:19:08.880 --> 01:19:15.280] It's evidence that you made the purchase, and the bill of sale is proof of the transaction.
[01:19:15.280 --> 01:19:21.160] The second thing that I would do is I would ask the... I would probably prepare a document
[01:19:21.160 --> 01:19:26.800] which is similar to the form that's used by the Department of Motor Vehicles, and it's
[01:19:26.800 --> 01:19:36.320] used whenever a motor vehicle is going to be registered either outside of this state
[01:19:36.320 --> 01:19:42.560] of Texas, it's going to be registered in a foreign state, or it's going to be taken out
[01:19:42.560 --> 01:19:43.560] of country.
[01:19:43.560 --> 01:19:49.960] Now, I would change that form because that form says motor vehicle.
[01:19:49.960 --> 01:19:57.280] I would change that form, and it would say simply the following, it is my intent to record
[01:19:57.280 --> 01:20:07.240] slash register the purchase of this automobile, and then I would put within slash without
[01:20:07.240 --> 01:20:12.440] the state of Texas, and I'd simply check without the state of Texas.
[01:20:12.440 --> 01:20:19.560] I would check record the sale, sign it, have the dealer sign it, so now you've got a document
[01:20:19.560 --> 01:20:27.200] that shows that your intent was simply to record the transaction without the state of
[01:20:27.200 --> 01:20:33.600] Texas, meaning that you could record the sale as personal property with the Secretary of
[01:20:33.600 --> 01:20:40.040] State, or you could record the sale with your county recorder, or on this website where
[01:20:40.040 --> 01:20:44.400] you can go and record documents publicly.
[01:20:44.400 --> 01:20:49.400] I can't remember the name of it, but Randy, you've mentioned it a couple of times, but
[01:20:49.400 --> 01:21:01.680] that shows that your intent was never to register the sale as a commercial property, and therefore
[01:21:01.680 --> 01:21:05.520] presumably put you in commerce with the state.
[01:21:05.520 --> 01:21:15.120] That also precludes the dealer having to collect a sales tax on the product that you're purchasing,
[01:21:15.120 --> 01:21:21.360] because again, the intent of that purchase is not to use that automobile for commercial
[01:21:21.360 --> 01:21:27.200] purposes, and therefore you're not in commerce with the state, so no sales transaction, I
[01:21:27.200 --> 01:21:34.320] should say no taxable sales transaction to place, and in any...
[01:21:34.320 --> 01:21:35.320] Wait a minute.
[01:21:35.320 --> 01:21:37.440] I did not understand that part.
[01:21:37.440 --> 01:21:46.720] Okay, well, if you look in the transportation code and in the...
[01:21:46.720 --> 01:21:51.680] I can't remember where I can get it to you, in the government code, sales tax is only
[01:21:51.680 --> 01:22:03.800] necessary if that automobile is going to be used for purposes that are described as commercial
[01:22:03.800 --> 01:22:11.520] in nature, which puts you in commerce with the state, and presumably subjects you to
[01:22:11.520 --> 01:22:16.320] the transportation code, otherwise it's not a taxable transaction.
[01:22:16.320 --> 01:22:17.320] Exactly.
[01:22:17.320 --> 01:22:18.320] Right.
[01:22:18.320 --> 01:22:22.360] That's what I kept telling you about the sales tax.
[01:22:22.360 --> 01:22:28.920] The sales tax is not supposed to be charged to the people of Texas, not on anything that
[01:22:28.920 --> 01:22:29.920] we purchase.
[01:22:29.920 --> 01:22:30.920] Right.
[01:22:30.920 --> 01:22:38.080] It is very specific that it is a corporate tax, and it is placed upon the corporate seller,
[01:22:38.080 --> 01:22:45.800] the retailer, not upon the purchase by the person doing the purchase, if it's the people.
[01:22:45.800 --> 01:22:47.280] It's only a corporate tax.
[01:22:47.280 --> 01:22:48.280] Right.
[01:22:48.280 --> 01:23:00.360] But see, all this paperwork is designed to induce your cooperation as a commercial user
[01:23:00.360 --> 01:23:07.360] of the product, and everything that's done is prima facie evidence that your intent was
[01:23:07.360 --> 01:23:15.640] to buy an automobile, convert its use to that of a motor vehicle, subject you to the transportation
[01:23:15.640 --> 01:23:25.240] code, subject you to registration procedures, necessity for required liability insurance,
[01:23:25.240 --> 01:23:32.440] sales tax collection, vehicle inventory tax collection, registration fees, license tax,
[01:23:32.440 --> 01:23:36.640] et cetera, et cetera, state inspection annually, all that stuff.
[01:23:36.640 --> 01:23:41.680] Those are all indicative of the commercial use of that automobile.
[01:23:41.680 --> 01:23:48.920] But if you're just a common law traveler, and you use the highways, which belong to
[01:23:48.920 --> 01:23:58.440] the people, that's why in the Natural Resource Code 114.001, it says that we have the right
[01:23:58.440 --> 01:24:05.280] of travel, or we have the public vehicle travel as a matter of right, that's the wording.
[01:24:05.280 --> 01:24:09.640] Public vehicle travel as a matter of right, that's what the purpose of the highways is.
[01:24:09.640 --> 01:24:13.880] And that's actually what it used to say in the transportation code before 63.
[01:24:13.880 --> 01:24:14.880] That's right.
[01:24:14.880 --> 01:24:21.080] And to cut out that last phrase as a matter of right, and in the transportation code,
[01:24:21.080 --> 01:24:28.440] and rightfully, the use of the highways is a matter of privilege because commercial entities
[01:24:28.440 --> 01:24:31.280] are using my highway and yours.
[01:24:31.280 --> 01:24:35.880] And therefore, they're required to pay the upkeep fees because typically they use the
[01:24:35.880 --> 01:24:40.160] highway more, they're carrying more weight, they're harder on the highways, and they mess
[01:24:40.160 --> 01:24:41.160] them up.
[01:24:41.160 --> 01:24:45.520] Yeah, the road bridge taxes are supposed to be paid by those involved in commerce upon
[01:24:45.520 --> 01:24:46.520] the road.
[01:24:46.520 --> 01:24:47.520] Yeah.
[01:24:47.520 --> 01:24:48.520] Yeah.
[01:24:48.520 --> 01:24:52.720] So what they've done is they've sucked all of us into believing that we are actually
[01:24:52.720 --> 01:24:59.360] in commercial activity, and that has never been my conduct as long as I've been behind
[01:24:59.360 --> 01:25:00.720] the wheel of an automobile.
[01:25:00.720 --> 01:25:06.920] I've never been involved in a commercial activity on the highway, not one time in over 40 years.
[01:25:06.920 --> 01:25:07.920] Okay.
[01:25:07.920 --> 01:25:09.960] We got callers really stacking up.
[01:25:09.960 --> 01:25:16.280] I would like to stay with this subject all through the show, but we really need to move
[01:25:16.280 --> 01:25:17.280] along.
[01:25:17.280 --> 01:25:18.280] We've got a lot of callers.
[01:25:18.280 --> 01:25:21.640] Do you have any other, did you have a question other than the one we asked you?
[01:25:21.640 --> 01:25:22.640] No.
[01:25:22.640 --> 01:25:26.560] I just really do appreciate it, and we can talk about it off there some time, but thanks
[01:25:26.560 --> 01:25:27.560] very much for taking my call.
[01:25:27.560 --> 01:25:28.560] It's a great show.
[01:25:28.560 --> 01:25:29.560] Thank you, Gary.
[01:25:29.560 --> 01:25:30.560] Gary.
[01:25:30.560 --> 01:25:31.560] Okay.
[01:25:31.560 --> 01:25:36.600] We're going to Mr. Onscreen from Texas.
[01:25:36.600 --> 01:25:41.280] We don't have a call screener today, so I'm going to take it that this is a first-time
[01:25:41.280 --> 01:25:42.840] caller.
[01:25:42.840 --> 01:25:46.760] Can you give us your first name and the state you're from?
[01:25:46.760 --> 01:25:47.760] Hello?
[01:25:47.760 --> 01:25:48.760] Hello.
[01:25:48.760 --> 01:25:49.760] Hello.
[01:25:49.760 --> 01:25:58.640] I can't say who you are because I guess if everybody who's waiting says hello, it's not
[01:25:58.640 --> 01:26:01.760] Dwayne Jim or Steve.
[01:26:01.760 --> 01:26:07.800] So can you give us your first name and what state you're from?
[01:26:07.800 --> 01:26:08.800] Are you talking to me?
[01:26:08.800 --> 01:26:09.800] Yes.
[01:26:09.800 --> 01:26:10.800] Yes.
[01:26:10.800 --> 01:26:11.800] Oh, you are?
[01:26:11.800 --> 01:26:12.800] Yes, ma'am.
[01:26:12.800 --> 01:26:15.800] Yeah, as long as you're not Dwayne Jim or Steve.
[01:26:15.800 --> 01:26:16.920] No, no, Star.
[01:26:16.920 --> 01:26:17.920] I have you on screen.
[01:26:17.920 --> 01:26:18.920] This is Star in California.
[01:26:18.920 --> 01:26:19.920] Oh, Star?
[01:26:19.920 --> 01:26:20.920] Oh, well, hello, Stars.
[01:26:20.920 --> 01:26:21.920] Yes.
[01:26:21.920 --> 01:26:22.920] It's been a long time since we've talked.
[01:26:22.920 --> 01:26:23.920] Yes.
[01:26:23.920 --> 01:26:24.920] Hi, Randy.
[01:26:24.920 --> 01:26:25.920] How are you?
[01:26:25.920 --> 01:26:26.920] I'm pretty good.
[01:26:26.920 --> 01:26:27.920] Do you have a question or comment?
[01:26:27.920 --> 01:26:40.120] I just need to call in about when I was kidnapped back in August, but unfortunately, I wanted
[01:26:40.120 --> 01:26:50.760] to actually put out there that my daughter was arrested, I think it was Thursday.
[01:26:50.760 --> 01:26:58.200] She was on a back road up in Sonoma, California, Petaluma, and on her way home from a singing
[01:26:58.200 --> 01:27:08.480] gig, and she had no registration and a suspended license and, you know, and of course no insurance
[01:27:08.480 --> 01:27:09.480] and all that stuff.
[01:27:09.480 --> 01:27:16.360] And she's just learning about her sovereignty and so on and so forth, but so they pulled
[01:27:16.360 --> 01:27:18.800] her and her boyfriend was in the car with her.
[01:27:18.800 --> 01:27:27.400] They pulled her over and asked her if she'd been drinking, and she said that she told
[01:27:27.400 --> 01:27:28.400] the truth.
[01:27:28.400 --> 01:27:35.200] I'm kind of trying to read what she wrote here, that she had had a few beers earlier,
[01:27:35.200 --> 01:27:44.480] but she wasn't drunk, and they gave her the field test and the eye test with the maglite
[01:27:44.480 --> 01:27:46.000] and all that.
[01:27:46.000 --> 01:27:51.760] And she kept trying to tell them that she's not intoxicated, and she asked them, am I
[01:27:51.760 --> 01:27:52.760] under arrest?
[01:27:52.760 --> 01:27:58.960] And he said no, and she said, well, then I'm free to go.
[01:27:58.960 --> 01:28:06.720] And then he, you know, ordered her out of the car and put her through the breathalyzer
[01:28:06.720 --> 01:28:12.080] and so forth.
[01:28:12.080 --> 01:28:21.560] And then I guess he said that the breathalyzer was, she did the test wrong or something,
[01:28:21.560 --> 01:28:25.840] and asked her to do it again, and she did it again, and then he wiped it out.
[01:28:25.840 --> 01:28:32.840] She asked him why he wiped it out, and he laughed and said, because I can.
[01:28:32.840 --> 01:28:38.400] And the whole time she said she was trying to be as polite as she could.
[01:28:38.400 --> 01:28:46.360] But she just wanted to get home, that she wasn't drunk, and telling them that they
[01:28:46.360 --> 01:28:48.360] didn't have consent in her jurisdiction.
[01:28:48.360 --> 01:28:51.000] Star, we need to move along.
[01:28:51.000 --> 01:28:54.440] We've got three more callers, so we need to move quickly.
[01:28:54.440 --> 01:29:04.920] Okay, well, essentially they arrested her, and they brutalized her, and with the handcuffs
[01:29:04.920 --> 01:29:09.800] and so forth, she told them that she was disabled and had fractured wrists, which was true.
[01:29:09.800 --> 01:29:14.880] And when she told them that, they tightened the cuffs and slammed her around.
[01:29:14.880 --> 01:29:21.360] She said that the cops even grabbed her bottom, and her boyfriend saw that too.
[01:29:21.360 --> 01:29:29.320] And of course, they encountered her car.
[01:29:29.320 --> 01:29:31.640] We're about to go to break.
[01:29:31.640 --> 01:29:36.880] We'll pick this up on the other side, but it seems like a lot of things that you can
[01:29:36.880 --> 01:29:40.400] go after them, and sexual assault is one of them.
[01:29:40.400 --> 01:29:46.360] That'll be a real good, and we'll talk about California grand juries when we get back.
[01:29:46.360 --> 01:29:51.960] Randy Kelton, Deborah Stevens, rule of law, Eddie Craig, we will be right back on the
[01:29:51.960 --> 01:29:59.720] other side.
[01:29:59.720 --> 01:30:03.800] Gold prices are at historic highs, and with the recent pullback, this is a great time
[01:30:03.800 --> 01:30:04.800] to buy.
[01:30:04.800 --> 01:30:09.240] With the value of the dollar, risks of inflation, geopolitical uncertainties, and instability
[01:30:09.240 --> 01:30:12.760] in world financial systems, I see gold going up much higher.
[01:30:12.760 --> 01:30:16.280] Hi, I'm Tim Fry at Roberts and Roberts Brokerage.
[01:30:16.280 --> 01:30:19.800] Everybody should have some of their assets in investment grade precious metals.
[01:30:19.800 --> 01:30:23.760] At Roberts and Roberts Brokerage, you can buy gold, silver, and platinum with confidence
[01:30:23.760 --> 01:30:28.760] from a brokerage that specialized in the precious metals market since 1977.
[01:30:28.760 --> 01:30:32.520] If you are new to precious metals, we will happily provide you with the information you
[01:30:32.520 --> 01:30:36.920] need to make an informed decision whether or not you choose to purchase from us.
[01:30:36.920 --> 01:30:41.240] Also, Roberts and Roberts Brokerage values your privacy and will always advise you in
[01:30:41.240 --> 01:30:44.640] the event that we would be required to report any transaction.
[01:30:44.640 --> 01:30:48.760] If you have gold, silver, or platinum you'd like to sell, we can convert it for immediate
[01:30:48.760 --> 01:30:49.760] payment.
[01:30:49.760 --> 01:30:53.520] Call us at 800-874-9760.
[01:30:53.520 --> 01:31:20.200] Here are Roberts and Roberts Brokerage, 800-874-9760.
[01:31:20.200 --> 01:31:26.640] Okay we're back, Randy Shelton, Debra Stevens, Eddie Craig, Lula Lugo, auctioneer Star, California.
[01:31:26.640 --> 01:31:30.440] Wait, that looks like Frank.
[01:31:30.440 --> 01:31:34.160] We're sorting them up a little bit.
[01:31:34.160 --> 01:31:37.160] Okay, she was arrested.
[01:31:37.160 --> 01:31:44.640] The fact that he put his hand on her inappropriately and told her he wiped out the test because
[01:31:44.640 --> 01:31:52.960] he could, California has a really good grand jury system.
[01:31:52.960 --> 01:31:57.040] California has the grand jury system as it was originally intended.
[01:31:57.040 --> 01:32:03.480] They look into more than just criminal acts, they look into contracts and other things
[01:32:03.480 --> 01:32:09.400] but you can go to a grand jury in California without too much trouble.
[01:32:09.400 --> 01:32:17.080] I would suggest that you put together a good comprehensive statement, a statement initially
[01:32:17.080 --> 01:32:22.960] without argument, state all the things that actually happened without any argument, without
[01:32:22.960 --> 01:32:28.880] any explanation and one of the things that's hard for legal reform folks to do is write
[01:32:28.880 --> 01:32:34.840] these documents without trying to explain to the reader the importance of these facts
[01:32:34.840 --> 01:32:37.320] as you come across them.
[01:32:37.320 --> 01:32:43.280] He touched her bottom and that was an act of sexual assault and she was humiliated and
[01:32:43.280 --> 01:32:45.080] on and on and on.
[01:32:45.080 --> 01:32:52.080] Don't do anything, any of that, just strictly Jack Webb stuff, these are the facts.
[01:32:52.080 --> 01:33:00.640] Create a good comprehensive statement of the facts and then do an argument based on the
[01:33:00.640 --> 01:33:03.920] facts or brief.
[01:33:03.920 --> 01:33:09.040] Never just go in there and say this is how it is or that's how it is or this is how
[01:33:09.040 --> 01:33:11.480] it ought to be.
[01:33:11.480 --> 01:33:19.240] State what the law says about the situation and make it a story.
[01:33:19.240 --> 01:33:25.200] I have a redhabious corpus on my website and it's really a story.
[01:33:25.200 --> 01:33:30.080] There's a whole lot of facts I could put in there, there are a lot more issues that could
[01:33:30.080 --> 01:33:36.040] be addressed than I actually addressed but I put together all of the facts and all of
[01:33:36.040 --> 01:33:43.000] the violations that they do and then I looked at them and picked the ones that would tend
[01:33:43.000 --> 01:33:52.640] to put together the ugliest looking story and then write that up in this book.
[01:33:52.640 --> 01:34:01.240] She asked the cop for his bond and badge number and he told her he didn't have a bond and
[01:34:01.240 --> 01:34:09.240] I guess they kept her in jail for 8 hours and my son bailed her out $400 but they want,
[01:34:09.240 --> 01:34:18.360] I think his other grandmother had to put up, sign something that she would pay another
[01:34:18.360 --> 01:34:27.640] $4,000 to $5,000 or something and they want $3,000 or something to get her or more to
[01:34:27.640 --> 01:34:30.640] get her car out.
[01:34:30.640 --> 01:34:33.640] $3,000?
[01:34:33.640 --> 01:34:37.840] I think they said they were going to impound it for 30 days or something, $2,000 or $3,000
[01:34:37.840 --> 01:34:42.760] to get the car out and then they want several thousand more for that.
[01:34:42.760 --> 01:34:48.840] You need to call in on Friday when we've got time, we do a 4 hour show on Friday, we'll
[01:34:48.840 --> 01:34:53.240] have time to address this in more detail.
[01:34:53.240 --> 01:34:59.560] And while we have that discussion going on, let me reiterate this to everybody out there,
[01:34:59.560 --> 01:35:06.880] get you a digital recorder to carry with you at all times, I keep mine on the visor in
[01:35:06.880 --> 01:35:14.160] my car, anytime you engage a public official, take it down, turn it on, record the date,
[01:35:14.160 --> 01:35:19.200] the time, who you're about to have to deal with and why and where you are and record
[01:35:19.200 --> 01:35:26.080] every single thing that goes on from that moment forward, that's very, very important.
[01:35:26.080 --> 01:35:33.160] Now not to speak to a specific brand but RCA makes a very nice one that's got a USB plug
[01:35:33.160 --> 01:35:37.080] that pops right out of it, you stick it right in your computer and download it, record it
[01:35:37.080 --> 01:35:41.120] to a CD and submit that with your story telling letter.
[01:35:41.120 --> 01:35:48.120] So they've actually got it on audio what went on and if someone touches you inappropriately,
[01:35:48.120 --> 01:35:54.080] anything like that, you speak into that recorder clearly and describe everything going on around
[01:35:54.080 --> 01:35:59.680] you, you keep an accurate recording of this and you've got grounds later to come back
[01:35:59.680 --> 01:36:02.960] and beat them to death with it.
[01:36:02.960 --> 01:36:09.560] Yes but all this means nothing if you don't follow through, but we have a bunch more callers
[01:36:09.560 --> 01:36:14.560] and we're running short of time, can you call us back Friday night?
[01:36:14.560 --> 01:36:20.560] I will try and I'll try to have her, actually Magica, I'll try to have her call.
[01:36:20.560 --> 01:36:21.560] Wonderful.
[01:36:21.560 --> 01:36:28.760] We're in two different counties so, and I'll try to call back too with some update on what's
[01:36:28.760 --> 01:36:33.360] been going on with me too, they, you know, purport to have a bench warrant and so forth
[01:36:33.360 --> 01:36:39.760] but I also have filed a fraud suit against the judge up in Marin in his private capacity
[01:36:39.760 --> 01:36:43.760] but I'll let you get to your other callers and thanks for taking my call, good to talk
[01:36:43.760 --> 01:36:44.760] to you Randy.
[01:36:44.760 --> 01:36:46.760] Thank you, thank you.
[01:36:46.760 --> 01:36:54.560] Okay, we're going to Dwayne from Louisiana, Dwayne, do you have a question or a comment?
[01:36:54.560 --> 01:37:01.760] I've got a question tonight and it's a personal situation, about four years ago I bought a
[01:37:01.760 --> 01:37:09.560] car in Las Vegas and the dealers, I gather he was the finance manager for the dealer,
[01:37:09.560 --> 01:37:15.560] when he signed the purchase order that your earlier caller spoke of, the guy that was
[01:37:15.560 --> 01:37:22.440] the finance director for 23 years, yeah, when Gary, when Gary described that purchase order
[01:37:22.440 --> 01:37:28.920] that the finance, for my car that the finance manager signed, the finance manager signed
[01:37:28.920 --> 01:37:40.000] it as an agent for the director of the dealership's corporation, when he signed the next document
[01:37:40.000 --> 01:37:51.880] which was the actual finance agreement that the Chase Bank picked up, he, there was nowhere
[01:37:51.880 --> 01:37:58.640] on the front or the back of that document that he signed it as an agent or of the director
[01:37:58.640 --> 01:38:04.560] as an officer or anything but a private individual in his personal capacity, just signed his
[01:38:04.560 --> 01:38:12.640] regular name, it's my contention and I'm looking for, if I'm off base on this or on target,
[01:38:12.640 --> 01:38:22.360] at some point, that that, by him signing an agreement on behalf of the corporation, as
[01:38:22.360 --> 01:38:26.800] he signed it as an individual on behalf of the corporation, that that's an invalid finance
[01:38:26.800 --> 01:38:32.840] agreement and therefore cannot, that I cannot be held.
[01:38:32.840 --> 01:38:39.640] No, if he's been appointed an agent for the purpose of validating a financial activity
[01:38:39.640 --> 01:38:44.040] by that corporation, if they're financing the car and they've delegated the authority
[01:38:44.040 --> 01:38:47.400] to him to act in that capacity, no, it's not.
[01:38:47.400 --> 01:38:53.600] Yeah, he doesn't stop being their agent just because he doesn't put on the document that
[01:38:53.600 --> 01:38:55.640] he's signing as their agent.
[01:38:55.640 --> 01:38:56.640] Okay.
[01:38:56.640 --> 01:38:57.640] Shucks.
[01:38:57.640 --> 01:39:05.520] Yeah, unless that specific document requires him to sign in an other capacity, then that
[01:39:05.520 --> 01:39:11.160] capacity remains no matter what he's doing on behalf of that corporation, provided that
[01:39:11.160 --> 01:39:15.480] whatever he's doing is within the delegated authority granted to him, it's valid.
[01:39:15.480 --> 01:39:16.480] Okay.
[01:39:16.480 --> 01:39:17.480] All right.
[01:39:17.480 --> 01:39:19.880] Well, that's why I haven't proceeded on until I got validation.
[01:39:19.880 --> 01:39:24.480] I've waited a long time to ask this question because they actually came and got my car
[01:39:24.480 --> 01:39:26.720] when I was like 40 days late on the note.
[01:39:26.720 --> 01:39:32.560] So now maybe I have to go, do you think I have to go look and see if they actually included
[01:39:32.560 --> 01:39:36.720] sales tax and other charges in the finance under Nevada law?
[01:39:36.720 --> 01:39:41.680] Yeah, I can almost guarantee you they did.
[01:39:41.680 --> 01:39:45.320] You just need to find out what Nevada law says about what they can and cannot put on
[01:39:45.320 --> 01:39:46.320] that statement.
[01:39:46.320 --> 01:39:47.320] Okay.
[01:39:47.320 --> 01:39:48.320] All right.
[01:39:48.320 --> 01:39:49.320] Well, I'll go look into that then.
[01:39:49.320 --> 01:39:53.840] And then one other question, I've got a fellow I'm working with to try to write his financial
[01:39:53.840 --> 01:40:03.040] boat, his corporations, and he's got about either seven or eight mortgages against four
[01:40:03.040 --> 01:40:04.040] properties.
[01:40:04.040 --> 01:40:09.240] And I was wondering if I sent you a spreadsheet on what I've laid out for this, Randy, if
[01:40:09.240 --> 01:40:12.160] you could forward it to your friend that does the forensic audit.
[01:40:12.160 --> 01:40:13.960] I certainly can.
[01:40:13.960 --> 01:40:17.840] Warning somebody competent to actually review the original loan documents.
[01:40:17.840 --> 01:40:18.840] Yes.
[01:40:18.840 --> 01:40:25.880] She's the one who actually prepared all the loan documents for 25 years for this savings
[01:40:25.880 --> 01:40:26.880] and loan.
[01:40:26.880 --> 01:40:31.280] When I asked her about it, oh yeah, she said they are all a mess.
[01:40:31.280 --> 01:40:36.600] She is very well aware from long experience how they are all a terrible mess.
[01:40:36.600 --> 01:40:37.600] Okay.
[01:40:37.600 --> 01:40:41.520] Well, I've been looking for interest at the financial body that I could trust and she's
[01:40:41.520 --> 01:40:45.480] got your endorsement and that's good enough.
[01:40:45.480 --> 01:40:47.320] I'm careful about who I endorse.
[01:40:47.320 --> 01:40:52.880] I have people on the show and I talk to them about what they do, but I don't always endorse
[01:40:52.880 --> 01:40:53.880] them.
[01:40:53.880 --> 01:40:56.480] I'm real careful about who I endorse.
[01:40:56.480 --> 01:40:59.280] In this day and age, we have to be, you're right, yes sir.
[01:40:59.280 --> 01:41:00.280] Okay, good.
[01:41:00.280 --> 01:41:03.240] Well, I'll send you that spreadsheet in the morning and then whenever we can maybe be
[01:41:03.240 --> 01:41:05.040] able to talk to her, that would be great.
[01:41:05.040 --> 01:41:06.040] Okay, good.
[01:41:06.040 --> 01:41:07.040] All right.
[01:41:07.040 --> 01:41:08.040] Thank you.
[01:41:08.040 --> 01:41:09.040] Appreciate it.
[01:41:09.040 --> 01:41:10.040] Bye-bye.
[01:41:10.040 --> 01:41:11.040] Okay.
[01:41:11.040 --> 01:41:13.440] Now we're going to go to Jim from Texas.
[01:41:13.440 --> 01:41:15.440] Jim, are you there?
[01:41:15.440 --> 01:41:16.440] Yes, sir.
[01:41:16.440 --> 01:41:17.440] Can you hear me?
[01:41:17.440 --> 01:41:18.440] Yes, I can.
[01:41:18.440 --> 01:41:19.440] Okay.
[01:41:19.440 --> 01:41:20.440] One comment.
[01:41:20.440 --> 01:41:30.920] The gentleman that just called about the person signing is an individual capacity.
[01:41:30.920 --> 01:41:35.760] The way I read it then, I've been studying, I know I told you a while back I was studying
[01:41:35.760 --> 01:41:42.560] capacity and I'm still working on it, but as long as these signs and there's nothing
[01:41:42.560 --> 01:41:51.800] wrong with it as far as illegally, everything's fine, but if he signs in his individual capacity
[01:41:51.800 --> 01:41:56.320] and not his corporate capacity and there's anything wrong with the paperwork, he's personally
[01:41:56.320 --> 01:42:00.320] liable.
[01:42:00.320 --> 01:42:07.400] The case that I just read was talking about an insurance adjuster that wrote a check that
[01:42:07.400 --> 01:42:15.560] was capable of it and had the authority to write the check from the company.
[01:42:15.560 --> 01:42:23.760] The company didn't honor the check for some reason and he was held personally liable for
[01:42:23.760 --> 01:42:28.040] the check, but it was on an insurance claim that he had adjusted.
[01:42:28.040 --> 01:42:29.840] That's what I was going to say.
[01:42:29.840 --> 01:42:35.480] If he's signing it, he is actually signing it.
[01:42:35.480 --> 01:42:44.120] So if he's authorized to sign it by a corporation, that's all well and good, but he still signed
[01:42:44.120 --> 01:42:45.240] it.
[01:42:45.240 --> 01:42:48.840] So he is still responsible.
[01:42:48.840 --> 01:42:57.400] Had a friend who, someone she knew owned a business and was going on vacation.
[01:42:57.400 --> 01:43:05.060] The friend trusted the other friend, so asked this person if she would pay her employees
[01:43:05.060 --> 01:43:09.760] while the one friend was on vacation and she said, sure, and gave her power of attorney
[01:43:09.760 --> 01:43:14.400] for that purpose for two weeks, she paid the employees.
[01:43:14.400 --> 01:43:21.120] Two years later, this woman's company went bankrupt and the IRS come back after the woman
[01:43:21.120 --> 01:43:28.080] that all she did was pay the employees for two weeks while the woman's on vacation, they
[01:43:28.080 --> 01:43:31.400] came back on her for the taxes for this company.
[01:43:31.400 --> 01:43:32.400] Right.
[01:43:32.400 --> 01:43:36.200] If you sign for another company and you're stepping off in deep water, you need lots
[01:43:36.200 --> 01:43:37.200] of protection.
[01:43:37.200 --> 01:43:40.160] Unless you sign in your corporate capacity.
[01:43:40.160 --> 01:43:46.600] Okay, hold on, we're about to go to break, hold on, we'll pick you back up on the other
[01:43:46.600 --> 01:43:47.600] side.
[01:43:47.600 --> 01:43:48.600] Okay.
[01:43:48.600 --> 01:43:49.600] We'll address this issue.
[01:43:49.600 --> 01:44:05.120] Randy Kelton, Debra Stevens, rule of law, we'll be right back.
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[01:45:14.800 --> 01:45:43.360] There's always a room at the top of the hill, I hear things of great mind and it's lonely
[01:45:43.360 --> 01:45:46.360] there too.
[01:45:46.360 --> 01:45:48.880] Okay, we're back.
[01:45:48.880 --> 01:45:51.200] Okay, Jim, go ahead.
[01:45:51.200 --> 01:45:52.200] Okay.
[01:45:52.200 --> 01:46:00.240] Well, what the court said in that case was that had the man signed the check in his corporate
[01:46:00.240 --> 01:46:05.640] capacity that he would not be liable in his personal capacity.
[01:46:05.640 --> 01:46:10.920] But since he signed the check and he had the right to sign it in either capacity, that
[01:46:10.920 --> 01:46:16.360] he signed it in his personal capacity and so the person that was suing him for the money
[01:46:16.360 --> 01:46:21.680] that wasn't honored on the check was suing him in his personal capacity.
[01:46:21.680 --> 01:46:27.840] So you're saying that if he has a corporate capacity, he has to include that with his
[01:46:27.840 --> 01:46:28.840] signature.
[01:46:28.840 --> 01:46:29.840] Or his protection.
[01:46:29.840 --> 01:46:36.120] I mean, it's not a mandate that he has to do it but if he wants to have a protection
[01:46:36.120 --> 01:46:40.560] of that corporate capacity then that's what he has to do.
[01:46:40.560 --> 01:46:45.860] That's what the law cases that I've been reading have been saying and they're pretty clear
[01:46:45.860 --> 01:46:47.520] on it.
[01:46:47.520 --> 01:46:53.560] There was only one that varied from that and that was the judge and because he was in his
[01:46:53.560 --> 01:46:59.720] judicial capacity even though he didn't sign it that way, he was still covered by his...
[01:46:59.720 --> 01:47:00.960] Covered by his judicial...
[01:47:00.960 --> 01:47:01.960] Yeah, he's covered.
[01:47:01.960 --> 01:47:03.320] They're covered for everything.
[01:47:03.320 --> 01:47:04.320] Right.
[01:47:04.320 --> 01:47:10.840] And I mean, there are tons of cases on it but I mean, that's pretty much what I found
[01:47:10.840 --> 01:47:20.000] on it and you know, if the guy that signed the paper in his personal capacity did something
[01:47:20.000 --> 01:47:27.960] wrong when he signed that paper then you would be able to go back after him but you know,
[01:47:27.960 --> 01:47:28.960] you've got to find what he did.
[01:47:28.960 --> 01:47:33.600] Yeah, that's the presumption if there is some sort of liability attached to the paperwork
[01:47:33.600 --> 01:47:34.600] he's signing.
[01:47:34.600 --> 01:47:37.880] It really depends on what the document reports to do.
[01:47:37.880 --> 01:47:43.240] Yeah, we really need to move along, we've got three more callers in the last segment.
[01:47:43.240 --> 01:47:47.120] Thanks Jim for the clarification because we were...
[01:47:47.120 --> 01:47:48.560] That's a good clarification.
[01:47:48.560 --> 01:47:51.440] I was certainly mistaken about that.
[01:47:51.440 --> 01:47:53.960] See, I made a mistake first time.
[01:47:53.960 --> 01:47:56.800] Is that the first time I've set up?
[01:47:56.800 --> 01:47:57.800] Okay, maybe not.
[01:47:57.800 --> 01:47:58.800] Yeah, it's the first time he's left.
[01:47:58.800 --> 01:48:01.320] Can I hold on the line too?
[01:48:01.320 --> 01:48:04.600] I mean, certainly just to listen or do I need to call on the other line?
[01:48:04.600 --> 01:48:07.040] No, certainly you can stand here.
[01:48:07.040 --> 01:48:08.040] Okay.
[01:48:08.040 --> 01:48:10.280] Okay, we're going to Steve from Florida.
[01:48:10.280 --> 01:48:11.280] Steve, you there?
[01:48:11.280 --> 01:48:12.280] Yes, sir, can you hear me?
[01:48:12.280 --> 01:48:13.280] Yes, we can hear you.
[01:48:13.280 --> 01:48:14.280] Okay, great.
[01:48:14.280 --> 01:48:20.160] Hey, well, considering the lack of time and I don't want to talk about this on the air
[01:48:20.160 --> 01:48:24.440] but I think I found a way to fund your radio station and I have a case here that I really
[01:48:24.440 --> 01:48:27.080] need to talk to somebody about and it'd be great to talk about off the air.
[01:48:27.080 --> 01:48:28.080] Would that be possible?
[01:48:28.080 --> 01:48:29.080] Yes, it would.
[01:48:29.080 --> 01:48:31.640] We're about to go off the air.
[01:48:31.640 --> 01:48:36.640] Just hang on.
[01:48:36.640 --> 01:48:40.080] After we go off the air, I will... Let me see.
[01:48:40.080 --> 01:48:41.080] I can call you.
[01:48:41.080 --> 01:48:46.160] Go on... No, I'll just get my little number out on the air.
[01:48:46.160 --> 01:48:49.360] I don't mind my number being out because everybody has it anyway.
[01:48:49.360 --> 01:48:54.600] Just call me at 940-399... Oh, wait a minute.
[01:48:54.600 --> 01:48:55.900] Do you have a Skype?
[01:48:55.900 --> 01:48:58.280] You have... No, I don't have Skype.
[01:48:58.280 --> 01:49:00.560] I'm using a cell phone right now.
[01:49:00.560 --> 01:49:03.560] Oh, okay.
[01:49:03.560 --> 01:49:08.400] 940-399-9922.
[01:49:08.400 --> 01:49:09.400] Call me after the show.
[01:49:09.400 --> 01:49:10.400] We'll talk about it.
[01:49:10.400 --> 01:49:11.400] Okay.
[01:49:11.400 --> 01:49:12.400] And that's 904?
[01:49:12.400 --> 01:49:13.400] Area code?
[01:49:13.400 --> 01:49:14.400] 940.
[01:49:14.400 --> 01:49:15.400] 940, okay.
[01:49:15.400 --> 01:49:18.800] All right, Randy, I appreciate that.
[01:49:18.800 --> 01:49:21.240] Would Mr. Craig possibly be able to be there too?
[01:49:21.240 --> 01:49:22.240] Yes.
[01:49:22.240 --> 01:49:24.760] Because I think he would really get off on what I have to tell him.
[01:49:24.760 --> 01:49:26.800] If it's a cell phone call, he can't conference me in.
[01:49:26.800 --> 01:49:37.240] Okay, what I can do... I got your number... 721... Okay, I will call you after the
[01:49:37.240 --> 01:49:38.240] show.
[01:49:38.240 --> 01:49:39.240] You'll call me?
[01:49:39.240 --> 01:49:40.240] Yeah.
[01:49:40.240 --> 01:49:41.240] Or Eddie.
[01:49:41.240 --> 01:49:44.960] Okay, that way I can have Eddie conference in.
[01:49:44.960 --> 01:49:45.960] Okay.
[01:49:45.960 --> 01:49:46.960] Okay.
[01:49:46.960 --> 01:49:47.960] That'd be great.
[01:49:47.960 --> 01:49:57.480] Let's go to unscreened from Texas, 512-441.
[01:49:57.480 --> 01:50:02.520] What's your first name and... Oh, you're obviously from Texas.
[01:50:02.520 --> 01:50:03.520] My name is Steve.
[01:50:03.520 --> 01:50:04.520] Am I on?
[01:50:04.520 --> 01:50:05.520] Yeah, Steve.
[01:50:05.520 --> 01:50:06.520] Steve, what's up?
[01:50:06.520 --> 01:50:09.520] Okay, I want to talk about the automobiles and cars.
[01:50:09.520 --> 01:50:16.280] Okay, as I understand it, if you want to actually purchase an automobile and not have to get
[01:50:16.280 --> 01:50:22.640] a license plate and insurance and all that, if you go in there and the vehicle costs $20,000
[01:50:22.640 --> 01:50:28.120] and you paid them in Federal Reserve notes, then you wouldn't have actually paid them
[01:50:28.120 --> 01:50:29.120] at law.
[01:50:29.120 --> 01:50:30.120] You would have discharged.
[01:50:30.120 --> 01:50:31.120] Discharged to death.
[01:50:31.120 --> 01:50:32.120] Right.
[01:50:32.120 --> 01:50:38.800] Now, if you want to pay them since, let's say you took in 20 American Eagles, and let's
[01:50:38.800 --> 01:50:44.400] say the American Eagles were selling for $1,000 and you did the deal, and you did the deal
[01:50:44.400 --> 01:50:48.880] and you paid them the 20 American Eagles, then you would have paid the debt at law.
[01:50:48.880 --> 01:50:52.880] Once you do that and you get... Yeah, but essentially that's a distinction without a
[01:50:52.880 --> 01:50:53.880] difference.
[01:50:53.880 --> 01:50:54.880] Yeah, here's the thing.
[01:50:54.880 --> 01:50:55.880] Let me finish.
[01:50:55.880 --> 01:50:56.880] Okay.
[01:50:56.880 --> 01:50:57.880] Let me finish.
[01:50:57.880 --> 01:51:03.040] If you do that and you get the bill of sale, you have the bill of sale, but you don't want
[01:51:03.040 --> 01:51:04.040] a certificate of title.
[01:51:04.040 --> 01:51:10.400] You need the most superior title, which would be the manufacturer's certificate of origin.
[01:51:10.400 --> 01:51:20.720] Now, if you have that and the bill of sale, then you can go on about your way without
[01:51:20.720 --> 01:51:24.800] a driver's license and the license plate.
[01:51:24.800 --> 01:51:32.720] As I understand it, I learned this listening on the internet, and once you do that, a policeman
[01:51:32.720 --> 01:51:34.200] is likely to pull you over.
[01:51:34.200 --> 01:51:40.200] If he pulls you over, he's likely to arrest you and take you in and impound your vehicle,
[01:51:40.200 --> 01:51:47.280] but they won't charge you with anything, and they'll release your vehicle, but if you keep
[01:51:47.280 --> 01:51:53.560] driving around like that, you can be arrested multiple times, but they'll never charge you.
[01:51:53.560 --> 01:51:58.400] I guess if you live in a small town, eventually they'll notice they'll leave you alone.
[01:51:58.400 --> 01:52:06.600] Yeah, and that is a good point, and I'm glad you went to that point, because you can do
[01:52:06.600 --> 01:52:15.160] this, but until we get this adjudicated in the court, it can cause you major grief, and
[01:52:15.160 --> 01:52:19.840] granted, every time they arrest you, you can sue them.
[01:52:19.840 --> 01:52:24.880] You might have to be put up with getting pulled over in a small town a few times, but eventually
[01:52:24.880 --> 01:52:28.560] they would leave you alone once they learn.
[01:52:28.560 --> 01:52:34.520] I heard you can't do that in California, because they've snapped up all the manufacturer's
[01:52:34.520 --> 01:52:40.080] certificates of origin, and they just take them directly, and they won't give them to
[01:52:40.080 --> 01:52:41.080] you.
[01:52:41.080 --> 01:52:42.880] Well, they do that in Texas as well.
[01:52:42.880 --> 01:52:44.920] They do it everywhere, actually.
[01:52:44.920 --> 01:52:46.440] Now, I heard this.
[01:52:46.440 --> 01:52:48.360] I was listening to George Gordon.
[01:52:48.360 --> 01:52:50.160] I don't know if you're familiar.
[01:52:50.160 --> 01:52:52.040] Oh, yeah, I know George.
[01:52:52.040 --> 01:52:56.640] I was listening to his show, and that's how he described it.
[01:52:56.640 --> 01:52:59.520] You got to pay the debt at law.
[01:52:59.520 --> 01:53:02.440] You can't use the public national credit system to do that.
[01:53:02.440 --> 01:53:09.040] You have to use something else, and gold coin would be good, and then you pay the debt at
[01:53:09.040 --> 01:53:10.040] law.
[01:53:10.040 --> 01:53:15.760] You ask for the right title, the most superior title, which is the manufacturer's certificate
[01:53:15.760 --> 01:53:16.760] of origin.
[01:53:16.760 --> 01:53:17.760] You got to bill a sale.
[01:53:17.760 --> 01:53:24.120] They can still pull you over and impound your vehicle, but they won't press any charges
[01:53:24.120 --> 01:53:25.120] on you.
[01:53:25.120 --> 01:53:38.040] Well, as we were going to say before, if you and I made a deal about something and we agreed
[01:53:38.040 --> 01:53:43.160] that the medium of exchange was bushels of potatoes, do I get to say that you didn't
[01:53:43.160 --> 01:53:46.840] pay me on the deal after the exchange has occurred and take my profit back?
[01:53:46.840 --> 01:53:47.840] Well, that would be on the bill of sale.
[01:53:47.840 --> 01:53:51.960] If you wanted to trade the car for bushels of potatoes, you could do that.
[01:53:51.960 --> 01:53:57.520] So if I wanted to trade it for a wheelbarrow full of reserve notes, I can do that too.
[01:53:57.520 --> 01:54:00.480] You can't do it with reserve notes because that's part of the public national credit
[01:54:00.480 --> 01:54:01.480] system.
[01:54:01.480 --> 01:54:02.480] Of course you can do it with reserve notes.
[01:54:02.480 --> 01:54:03.480] You can do it with anything.
[01:54:03.480 --> 01:54:08.480] That's a non-substantive tender.
[01:54:08.480 --> 01:54:12.520] I've heard this argument, but nobody's ever supported it with anything.
[01:54:12.520 --> 01:54:15.960] He described a test case where somebody did that.
[01:54:15.960 --> 01:54:20.280] They actually didn't use gold, they used silver coin.
[01:54:20.280 --> 01:54:25.880] Either way, the value's there, but if they agree to accept the FRN...
[01:54:25.880 --> 01:54:31.680] As long as the dealership accepts it and they do the deal, they gave them the bill of sale
[01:54:31.680 --> 01:54:36.080] and the manufacturer's certificate of origin, which is the most superior title.
[01:54:36.080 --> 01:54:40.920] I'd never heard of that before until recently, until I heard that show.
[01:54:40.920 --> 01:54:48.000] He described a test case where somebody did it and they got pulled over and they got their
[01:54:48.000 --> 01:54:53.360] car automobile impounded, and then it was released to them.
[01:54:53.360 --> 01:55:01.400] No charges were pressed, but he said that they attempted to take it to a higher court
[01:55:01.400 --> 01:55:07.280] so that he wouldn't have to go through that again, but they wouldn't rule on it.
[01:55:07.280 --> 01:55:09.520] Well, he should have sued.
[01:55:09.520 --> 01:55:11.520] You just filed a civil action.
[01:55:11.520 --> 01:55:12.520] We really need to move ahead.
[01:55:12.520 --> 01:55:15.560] We've got three more callers and we've got four minutes left.
[01:55:15.560 --> 01:55:16.560] Okay.
[01:55:16.560 --> 01:55:17.560] Thank you.
[01:55:17.560 --> 01:55:18.560] Thank you for calling in.
[01:55:18.560 --> 01:55:19.560] Okay.
[01:55:19.560 --> 01:55:20.560] We're going to go to Joyce from New Jersey.
[01:55:20.560 --> 01:55:21.560] Joyce, you got a comment for us?
[01:55:21.560 --> 01:55:22.560] Hi.
[01:55:22.560 --> 01:55:23.560] Not really a comment.
[01:55:23.560 --> 01:55:24.560] I just wanted to say hello.
[01:55:24.560 --> 01:55:39.560] I really thought I was calling in on the listening line, so I really wasn't prepared to...
[01:55:39.560 --> 01:55:40.560] Oh.
[01:55:40.560 --> 01:55:41.560] Wait a minute, Joyce.
[01:55:41.560 --> 01:55:42.560] You can talk to us about mortgages.
[01:55:42.560 --> 01:55:45.560] We were talking about those earlier.
[01:55:45.560 --> 01:55:46.560] Okay.
[01:55:46.560 --> 01:55:49.560] You're knowledgeable in that area, aren't you?
[01:55:49.560 --> 01:55:56.880] Well, we've done a lot of petitioning in Washington and state attorney general's offices, and
[01:55:56.880 --> 01:56:04.640] we have the state attorney general's office consumer protection units looking very closely
[01:56:04.640 --> 01:56:17.080] at these issues, and the FBI is adding an extra agent to take complaints about fraud
[01:56:17.080 --> 01:56:25.360] on the court, by officers of the court, and when you look again, we're trying to look
[01:56:25.360 --> 01:56:32.120] at where the incentives or how the incentives are being paid.
[01:56:32.120 --> 01:56:37.240] I think we talked about this last time, you seemed to think that you could find a money
[01:56:37.240 --> 01:56:41.560] trail, but I don't think there's even a paper trail, which I hope you're right, and I hope
[01:56:41.560 --> 01:56:43.400] there is a way to find it, because...
[01:56:43.400 --> 01:56:50.680] Well, have you noticed any difference since Leahy got this bill passed granting 20 million
[01:56:50.680 --> 01:56:54.720] to the feds to go after financial fraud?
[01:56:54.720 --> 01:56:58.320] Well, it's kind of new.
[01:56:58.320 --> 01:57:05.920] The Financial Fraud and Restitution Act is kind of new, but it is something that people
[01:57:05.920 --> 01:57:15.920] can use, and they're using GSA forms 90, 91, and 28, are you familiar with that process
[01:57:15.920 --> 01:57:25.520] for going back after your escrow bucket, and technically, because what's the point...
[01:57:25.520 --> 01:57:29.760] I'm not familiar with that.
[01:57:29.760 --> 01:57:32.120] Can you send me an email on that?
[01:57:32.120 --> 01:57:44.080] Sure, but what's happening is servicing agents are nothing more than attorneys for attorneys
[01:57:44.080 --> 01:57:50.080] that bought evidence of debt for pennies on a dollar at an auction.
[01:57:50.080 --> 01:57:57.480] Once your note has been sold off and fractionalized and monetized and sold to foreign investors,
[01:57:57.480 --> 01:58:05.080] mainly China, nobody has the original note, so nobody can have a valid proof of claim.
[01:58:05.080 --> 01:58:07.360] I'm sorry, we're running out of time.
[01:58:07.360 --> 01:58:15.440] I got an email, a judge out of Florida dismissed 15,000 cases for mortgage irregularities,
[01:58:15.440 --> 01:58:17.840] so that's why I was asking that question.
[01:58:17.840 --> 01:58:19.600] The pressure's on in that regard.
[01:58:19.600 --> 01:58:25.040] Go send me an email, I'll forward this email to you.
[01:58:25.040 --> 01:58:29.040] It looks like the heat's on these mortgage companies to take that money they created
[01:58:29.040 --> 01:58:33.440] out of thin air and send it right back to the thin air that it came from.
[01:58:33.440 --> 01:58:35.640] Okay, we are out of time.
[01:58:35.640 --> 01:58:41.560] Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio, we'll be back Thursday,
[01:58:41.560 --> 01:58:46.600] and hopefully Deb will be back and she'll fix all these problems that we've been having
[01:58:46.600 --> 01:58:48.600] and everything will go perfect.
[01:58:48.600 --> 01:58:51.600] Freeman, if you would, please call back in Thursday.
[01:58:51.600 --> 01:59:21.240] We're sorry we didn't get a chance to get to you tonight, but thanks for calling.