ROL_2010-04-23_16k_Hr1-2.timecode

[00:00.000 --> 00:10.000]  As NATO looks to spend more than $1 billion to bribe Taliban fighters into supporting the
[00:10.000 --> 00:15.760]  Karzai government, a report by the Afghan Analyst Network warns that the integration
[00:15.760 --> 00:21.600]  strategy is being run so poorly, it has only lured 600 Taliban to defect, many of whom
[00:21.600 --> 00:25.720]  have already gone back to the Taliban.
[00:25.720 --> 00:30.640]  The House of Representatives took another step Thursday toward finalizing legislation
[00:30.640 --> 00:35.440]  that would slap sanctions on Iran and companies that do business with Iran.
[00:35.440 --> 00:40.280]  The House voted to allow a conference to begin between House and Senate lawmakers to iron
[00:40.280 --> 00:43.640]  out differences between the two versions of the legislation.
[00:43.640 --> 00:48.840]  This news brief brought to you by the International News Net.
[00:48.840 --> 00:54.040]  Ken Bell, a lawyer for former Blackwater CEO Gary Jackson, who has been charged with gun
[00:54.040 --> 00:59.400]  crimes, says a U.S. government agency approved of what Blackwater was doing.
[00:59.400 --> 01:04.680]  Bell didn't specify, but is widely known Blackwater has provided security to CIA stations and
[01:04.680 --> 01:09.640]  officers in Afghanistan and other countries, and several Blackwater officials were once
[01:09.640 --> 01:12.000]  high-ranking CIA officials.
[01:12.000 --> 01:16.360]  Federal prosecutors indicted Jackson last week in a case that stemmed from a raid on
[01:16.360 --> 01:22.360]  Blackwater's North Carolina headquarters in 2008, which turned up 22 automatic weapons,
[01:22.360 --> 01:26.000]  including 17 Russian-made AK-47s.
[01:26.000 --> 01:30.760]  Federal Judge James Gates ruled Wednesday Jackson and four colleagues could remain free
[01:30.760 --> 01:32.800]  as they await trial.
[01:32.800 --> 01:36.800]  Judge Gates ordered all five defendants to turn over their passports and refrain from
[01:36.800 --> 01:38.300]  possessing guns.
[01:38.300 --> 01:43.200]  At the hearing, prosecutors accused Jackson of flouting federal regulation with, quote,
[01:43.200 --> 01:44.200]  arrogance.
[01:44.200 --> 01:48.080]  This news brief brought to you by the International News Net.
[01:48.080 --> 01:53.160]  Fox News journalist Jeffrey Scott Shapiro says he was working for Gannett News at Ground
[01:53.160 --> 01:58.280]  Zero on 9-11 and remembers, quote, very clearly what I saw and heard.
[01:58.280 --> 02:04.240]  Shapiro says, quote, shortly before Building 7 collapsed, several NYPD officers and Con
[02:04.240 --> 02:09.560]  Edison workers told me Larry Silverstein, the property developer of One World Financial
[02:09.560 --> 02:14.260]  Center, was on the phone with his insurance carrier to see if they would authorize the
[02:14.260 --> 02:19.520]  controlled demolition of the building, since its foundation was already unstable and expected
[02:19.520 --> 02:20.520]  to fall.
[02:20.520 --> 02:25.880]  This building's collapse alone resulted in a payout of nearly $500 million, based
[02:25.880 --> 02:29.680]  on the contention that it was an unforeseen accidental event.
[02:29.680 --> 02:35.080]  However, Silverstein has consistently denied there was ever a plan to intentionally demolish
[02:35.080 --> 02:36.880]  Building 7.
[02:36.880 --> 02:41.700]  Prison Planet journalist Alex Jones writes, quote, how could explosives have been correctly
[02:41.700 --> 02:47.080]  placed on such short notice unless the explosives were already in place?
[02:47.080 --> 03:14.840]  This new revelation is astounding and needs to be investigated immediately.
[03:48.080 --> 03:49.080]  the building.
[03:49.080 --> 03:50.080]  Shapiro says he was working for Gannett News at Ground Zero on 9-11 and remembers, quote,
[03:50.080 --> 03:51.080]  very clearly what I saw and heard.
[03:51.080 --> 04:20.400]  All right.
[04:20.400 --> 04:23.720]  No more Mr. Nice Guy.
[04:23.720 --> 04:28.560]  No more Mr. Nice Guy and gals, I might add.
[04:28.560 --> 04:32.040]  We are mad here at the rule of law.
[04:32.040 --> 04:35.560]  We're tired of the injustice and we're not going to take it anymore.
[04:35.560 --> 04:41.520]  We got Randy Kelton, Eddie Craig, Deborah Stevens, and we are definitely doing something
[04:41.520 --> 04:42.520]  about it.
[04:42.520 --> 04:49.100]  Tonight, we'll be taking your calls, 512-646-1984.
[04:49.100 --> 04:53.400]  And Eddie wanted to start off tonight talking about the Sunset Laws.
[04:53.400 --> 04:59.520]  Yeah, this is Chapter 325 of the Texas Government Code dealing with the Sunset Act.
[04:59.520 --> 05:02.920]  Now, just down and dirty, the Sunset Act is this.
[05:02.920 --> 05:09.840]  Each department or agency of the state government that's created an institute under the legislative
[05:09.840 --> 05:16.400]  powers has a time limit on its authority and its life.
[05:16.400 --> 05:26.360]  And the odd-numbered year prior to that agency's Sunset Act abolishment, in other words, the
[05:26.360 --> 05:33.840]  Department of Public Safety, their charter as a government agency expired in 2009, okay?
[05:33.840 --> 05:39.660]  They just got it renewed by the legislature and it has been renewed until September or
[05:39.660 --> 05:47.480]  the end of October, November, yeah, August 31st of 2015.
[05:47.480 --> 05:54.400]  Now, while I was going through and reading this information in the Sunset Act, these
[05:54.400 --> 06:00.080]  are some of the things that the commission that is the Sunset Act committee is supposed
[06:00.080 --> 06:01.520]  to do.
[06:01.520 --> 06:08.600]  If you look at 325.009 of the government code, this is what it says about public hearings.
[06:08.600 --> 06:15.720]  Section A, before February 1 of the year a state agency subject to this chapter and its
[06:15.720 --> 06:22.440]  advisory committees are abolished, the commission shall conduct public hearings concerning but
[06:22.440 --> 06:32.600]  not limited to the application to the agency of the criteria provided in Section 325.011.
[06:32.600 --> 06:37.000]  Subsection B, the commission may hold the public hearings after the review of the agency
[06:37.000 --> 06:44.960]  required by Section 325.008A3 is complete and available to the public.
[06:44.960 --> 06:51.520]  Well, first question I have is where are these public hearings held?
[06:51.520 --> 06:53.960]  I've never heard of one.
[06:53.960 --> 06:56.160]  Never heard of anybody mention one.
[06:56.160 --> 06:59.260]  Who's notified these public hearings are being held?
[06:59.260 --> 07:01.000]  What time are they being held?
[07:01.000 --> 07:05.280]  At what point prior to February 1st are they being held?
[07:05.280 --> 07:08.920]  And what city or town are they being held in?
[07:08.920 --> 07:14.080]  See, these are things they're supposed to be doing, but when are they doing them and
[07:14.080 --> 07:17.440]  how are they doing them and when was the last time anybody from the public got to speak
[07:17.440 --> 07:20.120]  at one of these things?
[07:20.120 --> 07:25.440]  Because I got some great questions to be asking about the legitimacy of the acts of the Department
[07:25.440 --> 07:28.520]  of Public Safety before this committee.
[07:28.520 --> 07:32.000]  Now let's look at what the criteria for review is.
[07:32.000 --> 07:37.480]  Right after we cover this part, in 325.010 there's a commission report.
[07:37.480 --> 07:40.760]  That's what this section is titled.
[07:40.760 --> 07:46.320]  Subsection A, at each regular legislative session the commission shall present to the
[07:46.320 --> 07:53.360]  legislature and the governor a report on the agencies and advisory committees reviewed.
[07:53.360 --> 07:59.000]  Subsection B, in the report the commission shall include its findings regarding the criteria
[07:59.000 --> 08:06.240]  prescribed by section 325.011, its recommendations based on the matters prescribed by section
[08:06.240 --> 08:13.640]  325.012, and other information the commission considers necessary for a complete review
[08:13.640 --> 08:15.480]  of the agency.
[08:15.480 --> 08:20.600]  Now these are the criteria that the committee uses for review.
[08:20.600 --> 08:28.840]  In 325.011, and this is the section that is referenced in every article in a statute that
[08:28.840 --> 08:35.760]  references the Sunset Act and its applicability to a given agency, 325.011 is called the renewal
[08:35.760 --> 08:36.960]  clause.
[08:36.960 --> 08:43.680]  This is where the section deals with the agency must be renewed by the legislature in accordance
[08:43.680 --> 08:46.080]  with this section.
[08:46.080 --> 08:51.800]  So criteria for review, the commission and its staff shall consider the following criteria
[08:51.800 --> 08:57.120]  in determining whether a public need exists for the continuation of a state agency or
[08:57.120 --> 09:03.080]  its advisory committees or for the performance of the functions of the agency or its advisory
[09:03.080 --> 09:04.080]  committees.
[09:04.080 --> 09:10.240]  One, the efficiency and effectiveness with which the agency or the advisory committee
[09:10.240 --> 09:11.240]  operates.
[09:11.240 --> 09:20.160]  Two, A, an identification of the mission, goals, and objectives intended for the agency or
[09:20.160 --> 09:25.800]  advisory committee and of the problem or need that the agency or advisory committee was
[09:25.800 --> 09:29.320]  intended to address.
[09:29.320 --> 09:36.160]  And subsection B, the extent to which the mission, goals, and objectives have been achieved
[09:36.160 --> 09:40.400]  and the problem or need has been addressed.
[09:40.400 --> 09:44.240]  I want to comment on that one for just a minute on number two there.
[09:44.240 --> 09:53.200]  What this is saying is that this agency that's under review has to justify its existence,
[09:53.200 --> 10:01.360]  explain what its mission and its mission objective is and how it completed or served that mission
[10:01.360 --> 10:06.840]  and mission objective in its past renewal.
[10:06.840 --> 10:13.080]  So this is information the individual department has to provide to this committee.
[10:13.080 --> 10:19.280]  The nice thing about this information is it is open to the public.
[10:19.280 --> 10:24.880]  I want to get my hands on the report that the Department of Public Safety sent to this
[10:24.880 --> 10:30.720]  committee under this section stating what is their purpose, what is their mission, what
[10:30.720 --> 10:35.040]  is their goals and objectives and how they have fulfilled them.
[10:35.040 --> 10:39.960]  I want to see where it says in that report that the regulation and licensing of private
[10:39.960 --> 10:43.760]  automobiles versus commercial automobiles has gone just fine.
[10:43.760 --> 10:48.840]  We've swindled everybody for another decade.
[10:48.840 --> 10:55.120]  Now number three, A, an identification of any activities of the agency in addition to
[10:55.120 --> 11:00.600]  those granted by statute and of the authority for those activities.
[11:00.600 --> 11:03.800]  Isn't that interesting?
[11:03.800 --> 11:10.040]  What statute gave you the authority and where is it?
[11:10.040 --> 11:12.480]  Who gave it to you and how did you get it?
[11:12.480 --> 11:13.480]  I like that.
[11:13.480 --> 11:16.920]  They have to explain that to this committee.
[11:16.920 --> 11:22.840]  Number five, subsection B, the extent to which those activities are needed.
[11:22.840 --> 11:28.760]  Number four, an assessment of authority of the agency relating to fees, inspections,
[11:28.760 --> 11:30.760]  enforcement and penalties.
[11:30.760 --> 11:35.760]  Yeah, I would like to see an assessment of what the Department of Public Safety's authority
[11:35.760 --> 11:38.040]  is in respect to those things.
[11:38.040 --> 11:43.040]  I guarantee you know where does it have anything to do with us.
[11:43.040 --> 11:49.200]  Number five, whether less restrictive or alternative methods of performing any function that the
[11:49.200 --> 11:54.680]  agency performs could adequately protect or provide service to the public.
[11:54.680 --> 11:57.600]  I can think of a ton of ways that would work.
[11:57.600 --> 12:02.800]  Number six, the extent to which the jurisdiction of the agency and the programs administered
[12:02.800 --> 12:07.640]  by the agency overlap or duplicate those of other agencies.
[12:07.640 --> 12:12.640]  The extent to which the agency coordinates with those agencies and the extent to which
[12:12.640 --> 12:17.320]  the programs administered by the agency can be consolidated with the programs of other
[12:17.320 --> 12:19.560]  state agencies.
[12:19.560 --> 12:25.800]  Number seven, the promptness and effectiveness with which the agency addresses complaints
[12:25.800 --> 12:31.960]  concerning entities or other persons affected by the agency, including an assessment of
[12:31.960 --> 12:36.960]  the agency's administrative hearings process.
[12:36.960 --> 12:42.480]  When was the last time you got a DPS administrative hearing of any kind?
[12:42.480 --> 12:45.280]  Dealing with a traffic matter.
[12:45.280 --> 12:48.760]  I'd say they flunked that section big time.
[12:48.760 --> 12:54.440]  Number eight, an assessment of the agency's rulemaking process and the extent to which
[12:54.440 --> 13:01.520]  the agency has encouraged participation by the public in making its rules and decisions
[13:01.520 --> 13:08.780]  and the extent to which the public participation has resulted in rules that benefit the public.
[13:08.780 --> 13:13.640]  Anybody out there in Radioland, raise your hand if you've ever been invited to a DPS
[13:13.640 --> 13:20.400]  hearing or a public hearing of any kind regarding how they make their rules and how they enforce
[13:20.400 --> 13:25.000]  those rules and who they do it to.
[13:25.000 --> 13:31.320]  My mailbox has been pretty barren of invitations to such things.
[13:31.320 --> 13:37.080]  Number eight, an assessment of the agency's rulemaking process and the extent to which
[13:37.080 --> 13:39.880]  it has encouraged, oh, I'm sorry, I just read that one, never mind.
[13:39.880 --> 13:46.960]  Number nine, the extent to which the agency has complied with, A, federal and state laws
[13:46.960 --> 13:51.920]  and applicable rules regarding equality of employment opportunity and the rights and
[13:51.920 --> 13:54.160]  privacy of individuals.
[13:54.160 --> 14:00.160]  I would love to see how these individual agencies run up the reports on how they've protected
[14:00.160 --> 14:04.200]  our rights and property as individuals.
[14:04.200 --> 14:10.720]  B, state law and applicable rules of any state agency regarding purchasing guidelines and
[14:10.720 --> 14:14.440]  programs for historically underutilized businesses.
[14:14.440 --> 14:20.520]  10, the extent to which the agency issues and enforces rules relating to potential conflicts
[14:20.520 --> 14:23.120]  of interest of its employees.
[14:23.120 --> 14:30.640]  Hey, Randy, DPS, state agency, not allowed to investigate any other state or public official
[14:30.640 --> 14:33.360]  without permission from a higher authority.
[14:33.360 --> 14:34.360]  Hmm.
[14:34.360 --> 14:38.440]  Without permission from the director of the agency.
[14:38.440 --> 14:39.440]  Yeah.
[14:39.440 --> 14:42.600]  So what do we have the Texas Rangers for?
[14:42.600 --> 14:43.600]  Why do we bother?
[14:43.600 --> 14:44.600]  Exactly.
[14:44.600 --> 14:51.400]  That got me thrown out of a courthouse in Stephenville when I told the Texas Rangers
[14:51.400 --> 14:52.400]  he was worthless.
[14:52.400 --> 14:53.400]  Huh?
[14:53.400 --> 14:54.400]  Because they're DPS.
[14:54.400 --> 15:02.240]  Well, I was making criminal complaints against a public official and I told him he's worthless.
[15:02.240 --> 15:04.000]  You can't do anything.
[15:04.000 --> 15:05.000]  Yeah.
[15:05.000 --> 15:06.000]  You threw me out.
[15:06.000 --> 15:07.000]  All right.
[15:07.000 --> 15:09.000]  Well, I can't imagine why.
[15:09.000 --> 15:10.680]  Number 12, last one.
[15:10.680 --> 15:18.040]  The effect of federal intervention or loss of federal funds if the agency is abolished.
[15:18.040 --> 15:25.000]  Now, number 12 tells me that the state of Texas has violated its duty to the people
[15:25.000 --> 15:32.120]  of Texas by abdicating control of its governmental departments and agencies to federal control
[15:32.120 --> 15:37.520]  for federal broad money.
[15:37.520 --> 15:40.960]  But those are the criteria of the Sunset Act.
[15:40.960 --> 15:46.440]  Now, according to what this tells me, there should be all kinds of information available
[15:46.440 --> 15:49.560]  to us about these individual agencies.
[15:49.560 --> 15:55.160]  Things that will help us show and prove these agencies are acting outside of their lawful
[15:55.160 --> 16:02.480]  authority and that they're acting outside of their assigned mission.
[16:02.480 --> 16:09.720]  So, everybody out there, swamp these guys, Department of Public Safety, Freedom of Information
[16:09.720 --> 16:15.840]  Act, public information request, open government request, whatever comes to mind.
[16:15.840 --> 16:20.220]  Get your hands on copies of these reports from these agencies.
[16:20.220 --> 16:22.880]  When you get copies of them, please send them to me.
[16:22.880 --> 16:24.880]  I'll be happy to have copies of them.
[16:24.880 --> 16:29.440]  I'll integrate them into the seminar material and we'll integrate them into the court paperwork
[16:29.440 --> 16:33.120]  showing these morons that they can't understand their own job.
[16:33.120 --> 16:37.000]  All right, that's all I got for that.
[16:37.000 --> 16:39.320]  We can talk about it when we get back or whatever else we have.
[16:39.320 --> 16:43.000]  This is Eddie Craig, Deborah Stevens, Randy Kelton, Rule of Law Radio.
[16:43.000 --> 16:44.000]  We're about to go to break.
[16:44.000 --> 17:00.880]  So, folks, hang in there and we will pick you up on the other side.
[17:00.880 --> 17:04.360]  You feel tired when talking about important topics like money and politics?
[17:04.360 --> 17:05.360]  Sorry.
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[18:10.280 --> 18:38.760]  Okay, we are back, I apologize, I skipped number 11 in this list, it's also very short,
[18:38.760 --> 18:41.320]  but it is very important.
[18:41.320 --> 18:47.480]  Number 11 in this reads, the extent to which the agency complies with chapters 551 and
[18:47.480 --> 18:55.040]  552 and follows records management practices that enable the agency to respond efficiently
[18:55.040 --> 18:57.400]  to requests for public information.
[18:57.400 --> 19:00.840]  Well, let's put them to the test.
[19:00.840 --> 19:06.920]  Let's see how fast and how quick they can respond and how truthfully they can respond.
[19:06.920 --> 19:14.600]  I would really love to see how they justify their existences to this committee because
[19:14.600 --> 19:20.040]  we could use that information on our own behalf to show where they are acting outside of the
[19:20.040 --> 19:25.000]  authority that the law says they have and if they are saying that they are not acting
[19:25.000 --> 19:31.280]  outside that authority, then we could beat them to death with that too.
[19:31.280 --> 19:35.320]  Okay, what else we got?
[19:35.320 --> 19:39.840]  Randy, you wanted to talk about mortgage stuff, we started talking about that last night towards
[19:39.840 --> 19:40.840]  the end of the show.
[19:40.840 --> 19:49.120]  Yeah, we were, someone was asking questions about it and I've been doing a lot of research
[19:49.120 --> 19:55.000]  and a lot of interesting things are coming up, there's a lot of research I still have
[19:55.000 --> 19:58.840]  to do, there are issues that I'm just finding out about.
[19:58.840 --> 20:11.400]  I had someone call me from St. Louis and she used to work for a company that sold the security
[20:11.400 --> 20:18.680]  instruments and I haven't had time to sort this one out but she was saying she was selling
[20:18.680 --> 20:27.760]  these things at way, way under value so there are a lot of really powerful ways to go at
[20:27.760 --> 20:33.760]  them and we'll try to get them all sorted out and strung together so that we can create
[20:33.760 --> 20:41.640]  an onslaught to go after these lenders with.
[20:41.640 --> 20:50.120]  For the most part, 95% of all foreclosures go uncontested and they seem not to be very
[20:50.120 --> 20:57.360]  good at dealing with the few that do but the biggest problem appears to be the courts themselves
[20:57.360 --> 21:06.800]  the courts, the judges themselves just don't understand the issues and it's hard to get
[21:06.800 --> 21:11.720]  a judge to make a ruling that sounds like it's new law.
[21:11.720 --> 21:19.960]  It's not new law but the him it is, he never heard of it before so when you go in making
[21:19.960 --> 21:25.360]  accusations and allegations that the judge hasn't heard or dealt with before, they're
[21:25.360 --> 21:31.760]  reluctant to rule for you but with the feedback I've been getting, we're getting more and
[21:31.760 --> 21:39.720]  more positive rulings and it appears as though things are moving the direction I expected
[21:39.720 --> 21:47.520]  when I stated that it was my consideration that as we move toward November with all the
[21:47.520 --> 21:54.480]  politicians already able to hear the toilet flushing in DC, they're going to be looking
[21:54.480 --> 22:03.400]  for a scapegoat and I suspect they're going to throw the lender to the wolves and I intend
[22:03.400 --> 22:07.200]  to be one of the wolves.
[22:07.200 --> 22:14.480]  As I put this story together, the more I looked at it, the uglier it got.
[22:14.480 --> 22:19.720]  So for those of you who haven't heard it, I'm going to kind of walk through, this is
[22:19.720 --> 22:28.640]  pretty short, it's not very long, what's really going on about how the lenders deliberately
[22:28.640 --> 22:37.240]  create a loan they intend to default and on the surface that sounds counterintuitive because
[22:37.240 --> 22:44.520]  we're used to lenders who create a loan and then service the loan and stand to lose if
[22:44.520 --> 22:47.240]  the loan doesn't perform.
[22:47.240 --> 22:49.720]  That's not how it works anymore.
[22:49.720 --> 22:54.960]  Now we get a company that, a bunch of guys get together and set up a company and get
[22:54.960 --> 23:02.360]  a big loan from a big bank, convert that bank to 20, 30 year mortgages and then they have
[23:02.360 --> 23:06.360]  to pay the bank back within six months.
[23:06.360 --> 23:11.520]  So they have to have a way to quickly recoup the cash outlay.
[23:11.520 --> 23:16.240]  The way they do that is have these other guys get together and they put together an investment
[23:16.240 --> 23:22.480]  pool and get a bunch of investors who commit a certain amount of money and they were buying,
[23:22.480 --> 23:28.200]  it's not happening anymore, that's all stopped, but they were buying mortgages and they put
[23:28.200 --> 23:34.320]  together this pool and prepare a prospectus and file it with the Securities Exchange Commission,
[23:34.320 --> 23:41.040]  listing the kinds of notes that they would put into the pool, the ranges and the credit
[23:41.040 --> 23:45.880]  ratings of the borrowers and once they got the pool put together then they go to all
[23:45.880 --> 23:52.400]  these lenders and say, okay, I need X number of loans within this range.
[23:52.400 --> 24:00.720]  So when the lender wrote the note, it wasn't just that he had a buyer, he wrote them for
[24:00.720 --> 24:01.720]  the buyer.
[24:01.720 --> 24:06.280]  He had ever intended to hold that note more than three days and he has to hold it three
[24:06.280 --> 24:12.680]  days because you have three days to change your mind without any questions being asked.
[24:12.680 --> 24:16.120]  So he'd hold it three days, boom, he sells it.
[24:16.120 --> 24:25.560]  Well, the problem here is the lender sells the note and makes a yield spread premium,
[24:25.560 --> 24:28.560]  a return on the note.
[24:28.560 --> 24:35.320]  The more profitable the note, the higher the interest, higher the principal, the more value
[24:35.320 --> 24:38.200]  he can show on the note.
[24:38.200 --> 24:47.440]  He's got say a $100,000 note, over 20 years at 6% is going to produce 220, at 8% is going
[24:47.440 --> 24:55.360]  to produce about 450, so as the percentage rate goes up, what the note will produce doesn't
[24:55.360 --> 25:01.640]  go up linearly, it goes up logarithmically, so the higher interest and principal he can
[25:01.640 --> 25:07.280]  talk you into, the more money he's going to make when he sells it.
[25:07.280 --> 25:14.920]  So what he does is he pays the broker or the agent, be it a real estate broker or a loan
[25:14.920 --> 25:18.080]  broker who brings them the deal.
[25:18.080 --> 25:25.600]  He pays them extra money if he can talk the lender, I mean the borrower into accepting
[25:25.600 --> 25:27.880]  a more expensive loan product.
[25:27.880 --> 25:34.120]  If anybody here has ever had any sales training, they understand that on the larger ticket
[25:34.120 --> 25:39.240]  items, once you've made the sale, that's just the beginning, once you got them to like
[25:39.240 --> 25:45.520]  all the, like the car with the color and the four doors and whatever, now you go for the
[25:45.520 --> 25:50.760]  bells and whistles to see how much money you can squeeze out of your client, it's no different
[25:50.760 --> 25:59.280]  in real estate and they generally low ball the price to get you to make the conscious
[25:59.280 --> 26:01.920]  decision to buy.
[26:01.920 --> 26:05.280]  That's the biggest hurdle to get you over, once you've decided that you're going to,
[26:05.280 --> 26:11.640]  you want to buy this place, now they start changing things up, start throwing little
[26:11.640 --> 26:17.560]  hurdles in your path that you have to get over and they milk you as far as they can
[26:17.560 --> 26:28.040]  and they bring you to the agent and you've got this deal with a good yield spread premium
[26:28.040 --> 26:32.280]  on the note so he gets more kickback.
[26:32.280 --> 26:37.800]  Real estate level settlement procedures act only allows one percent to the originator
[26:37.800 --> 26:43.000]  of the note but I talked to a friend who was a real estate broker and she said she never
[26:43.000 --> 26:47.840]  comes away from the table without less than two or three percent, she didn't even know
[26:47.840 --> 26:50.320]  it was improper.
[26:50.320 --> 26:59.000]  So the lender pays the agent to violate their fiduciary duty to the client and induce the
[26:59.000 --> 27:06.680]  client to accept a deal that they intend the client cannot pay and the reason being,
[27:06.680 --> 27:11.440]  as soon as that lender sells that note he becomes a servicer, if you pay on time he
[27:11.440 --> 27:19.440]  makes three percent, if you pay late he makes an extra five percent, if you default he makes
[27:19.440 --> 27:26.540]  about fifty grand doing the default and then he goes around behind everybody and does a
[27:26.540 --> 27:34.200]  credit default swap bet that the note will default, well he's a pretty good bet because
[27:34.200 --> 27:41.600]  he designed it to default, he steals from everybody, he steals from the borrower on
[27:41.600 --> 27:49.080]  the front end, the investor on the back end, the tax payer in the middle because when he
[27:49.080 --> 27:54.160]  sells the note he keeps the lien, the reason he keeps the lien he's going to hold it for
[27:54.160 --> 27:59.840]  six months, I'm sorry for three years, file a 1099A on it and claim the full amount of
[27:59.840 --> 28:06.240]  the lien as abandoned funds and write it off as capital gain tax, so when he sells the
[28:06.240 --> 28:14.560]  note he gets paid, then he holds the, he doesn't give the person who buys the security instrument
[28:14.560 --> 28:22.000]  the note, I mean the lien document because he intends to profit on that a second time
[28:22.000 --> 28:25.680]  and then once he's profited on it a second time then he'll assign it to someone else
[28:25.680 --> 28:32.440]  and the problem is the day he sold the note and didn't transfer the lien document, the
[28:32.440 --> 28:39.480]  lien document became void, the lien document was the purpose of ensuring that he recovered
[28:39.480 --> 28:47.160]  his outlay, the day he sold the note he got paid, now if I work on your house and you
[28:47.160 --> 28:53.080]  don't pay me and I file a mechanics lien and somebody else comes and pays me, can I take
[28:53.080 --> 28:58.160]  that lien and sell it to somebody and say here you go collect from them again, I think
[28:58.160 --> 29:02.680]  that's what the lenders are trying to do and they've already collected on it twice and
[29:02.680 --> 29:09.000]  then when you default to collect on it a third time and we're finding out a lot about what's
[29:09.000 --> 29:17.480]  going on with default and loan modification, I just got a case today about a loan model,
[29:17.480 --> 29:21.760]  someone tried to do a loan modification and the bank told them that you don't qualify
[29:21.760 --> 29:25.880]  for a bank loan modification unless you're behind and the people said well we're not
[29:25.880 --> 29:30.080]  behind but we see it coming and we want to hit it off and they said well we can't do
[29:30.080 --> 29:35.880]  a loan modification unless you get behind so you got to quit paying, they quit paying
[29:35.880 --> 29:42.000]  they let them along, denied the modification, immediately foreclosed on them, they set them
[29:42.000 --> 29:50.040]  up for a foreclosure, I'll explain why when we get back, this is Randy Kelton, Debra Stephens
[29:50.040 --> 29:54.640]  and you might want to bring us out there but we don't have a page up, okay we'll be right
[29:54.640 --> 30:04.240]  back callers if you'd like to call in 512-646-1984, are you the plaintiff or defendant in a lawsuit?
[30:04.240 --> 30:10.960]  In your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4 CD course
[30:10.960 --> 30:17.400]  that will show you how in 24 hours, step by step, if you have a lawyer, know what your
[30:17.400 --> 30:23.040]  lawyer should be doing, if you don't have a lawyer, know what you should do for yourself,
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[31:25.040 --> 31:47.040]  Okay, this is Randy Kelton, Debra Stephens, Rule Law Radio and some other guy, I forget
[31:47.040 --> 31:54.480]  his name, Craig Eddy, Joe Blow, yeah, that'll work, okay, I was talking about foreclosures
[31:54.480 --> 32:08.360]  and why the bank wants to foreclose instead of save the note, well, they have, when you
[32:08.360 --> 32:13.680]  get the note, they have you buy mortgage insurance and this is one of the things that we raise
[32:13.680 --> 32:20.240]  as an issue that the mortgage insurance is not something you should have to pay, that's
[32:20.240 --> 32:23.760]  for the mortgage company if they want to insure themselves, knock yourself out and don't bill
[32:23.760 --> 32:30.560]  me for it because that's one of the reasons they want to foreclose.
[32:30.560 --> 32:38.840]  They come in, they sell the note and once the note gets in trouble, then they pull it
[32:38.840 --> 32:47.040]  out of the remake, out of their real estate mortgage investment conduit because if the
[32:47.040 --> 32:58.760]  note defaults, it affects the collateral base of the conduit and the IRS, if they violate
[32:58.760 --> 33:04.280]  too much of it, will charge them 100% interest, I mean, tax on everything, so they have to
[33:04.280 --> 33:10.000]  be real careful, once they purchase all these notes, put them into a pool and then file
[33:10.000 --> 33:15.360]  these pools into a remake with the IRS, they get a large tax deduction for doing that but
[33:15.360 --> 33:21.280]  they have very strict restrictions on what they can do with the notes, so if one starts
[33:21.280 --> 33:26.040]  getting in trouble, they want to pull it out of the remake and replace it with another
[33:26.040 --> 33:32.040]  Naviquil collateral to keep the collateral base stable and then they sell that note off
[33:32.040 --> 33:39.640]  at a discount, so somebody buys it at a discount and he's not interested in making money over
[33:39.640 --> 33:45.640]  time, he's interested in making money right now, so he wants to foreclose, collect the
[33:45.640 --> 33:52.920]  insurance, collect from the FDIC and he'll wind up with more than what he paid for the
[33:52.920 --> 33:57.960]  note and there are a couple of other issues that have only been hinted at and I can't
[33:57.960 --> 34:03.640]  talk about them because I haven't researched them enough but it seems like there's other
[34:03.640 --> 34:11.160]  places in there where they're making money, it appears as though the lenders have crafted
[34:11.160 --> 34:22.080]  a situation to where everybody loses except them and every direction you go they make
[34:22.080 --> 34:29.680]  money on you and we're working to try to turn all of that around, that's why we've put
[34:29.680 --> 34:40.960]  together a program to look at how the lender does the fraud and actually we've kind of
[34:40.960 --> 34:46.640]  turned the tables on because under the Real Estate Settlement Procedures Act there are
[34:46.640 --> 34:53.960]  only certain fees that the lender can charge you and in looking for fraud one of the things
[34:53.960 --> 35:04.600]  we always find is on the HUD1 settlement statement, the fees that the lender charges, oh you find
[35:04.600 --> 35:14.440]  a flood certification fee, that's valid, the fees they can actually charge are those fees
[35:14.440 --> 35:22.520]  that you would have to pay if you purchased a building in cash, title search, title insurance,
[35:22.520 --> 35:27.680]  flood certification fee, you can't get insurance without it, there's some taxes you have to
[35:27.680 --> 35:33.440]  pay, they can charge you that and then they can charge you those fees that have to pay
[35:33.440 --> 35:42.040]  to a third party vendor like the appraisal and then there are those fees they charge
[35:42.040 --> 35:51.240]  you, administration fee, processing fee, law and document preparation fee, warehousing
[35:51.240 --> 35:59.640]  fee, they have all kinds of names for these fees they charge, what are those if they had
[35:59.640 --> 36:06.800]  to pay to a third party vendor, originally I was looking at doing forensic analysis of
[36:06.800 --> 36:13.960]  the note, it finally became clear why would we do that, why would I go to all the trouble
[36:13.960 --> 36:19.520]  to figure out what fees they charge that were inappropriate, they're required under law
[36:19.520 --> 36:24.800]  to make sure their fees fall within a certain set of guidelines, since they're required
[36:24.800 --> 36:32.400]  by statute, I don't have to prove they didn't do it, they have to prove they did, so first
[36:32.400 --> 36:39.560]  thing we do is take all the fees and demand that they prove them up, so if you have a
[36:39.560 --> 36:47.080]  note and you know the qualified written request is a term of art, it's a special document
[36:47.080 --> 36:55.360]  defined by the Real Estate Settlement Procedures Act, it authorizes the borrower to make certain
[36:55.360 --> 37:00.200]  requests of the lender, if you have reason to believe there are accounting errors you
[37:00.200 --> 37:08.120]  can prepare a qualified written request and it becomes a qualified written request if
[37:08.120 --> 37:14.640]  it alleges accounting errors and requests that they be corrected, that's what makes
[37:14.640 --> 37:21.960]  it a qualified written request, so we maintain accounting errors, you charged us all this
[37:21.960 --> 37:31.560]  money at closing that you weren't allowed to charge and we assume everything's bogus,
[37:31.560 --> 37:41.920]  prove it all up, prove that the monies that you charged me that weren't those fees I'd
[37:41.920 --> 37:50.960]  have to pay if I bought the house in cash, but were fees that went to a third-party vendor,
[37:50.960 --> 37:57.560]  prove it up by sending me a billing from that vendor showing that the services provided
[37:57.560 --> 38:04.520]  were necessary, that the amounts charged were reasonable and that you didn't take a mark
[38:04.520 --> 38:13.880]  up on the invoice when you charged it to me, fail to do that we subtract it from the original
[38:13.880 --> 38:23.780]  principal because I was charged these fees at settlement, so if they were improper they
[38:23.780 --> 38:31.040]  come off the original principal, so if you take those numbers, take your original principal,
[38:31.040 --> 38:35.800]  subtract all these fees from it and then put it in one of these little amortization programs
[38:35.800 --> 38:44.680]  you can find all over the internet and calculate which payment is and then compare that to
[38:44.680 --> 38:51.960]  the payment you're actually paying, it's going to be less and sometimes significantly
[38:51.960 --> 39:00.760]  less, so then what you do is you want to get a loan amortization program that's in a spreadsheet
[39:00.760 --> 39:10.520]  so you can see all the numbers, run the payment that you're paying, your truth and lending
[39:10.520 --> 39:15.480]  statement principal and interest and it will calculate the payments, first thing you want
[39:15.480 --> 39:20.920]  to do when you do that is run the truth and lending statement and let it calculate a payment
[39:20.920 --> 39:28.200]  and compare that payment to what they're actually charging you because what they tend to do
[39:28.200 --> 39:34.440]  is load up the loan on the front end because they know that most loans will refinance in
[39:34.440 --> 39:42.280]  6 to 10 years, so they want to get most of their investment back as quickly as they can
[39:42.280 --> 39:47.440]  so they charge you a higher rate at the beginning and lower the rate as you go down, now you
[39:47.440 --> 39:54.640]  find those changes in the truth and lending statement but they're not in the note, the
[39:54.640 --> 40:00.720]  note states a principal and interest, so if they charge you more on the front end than
[40:00.720 --> 40:09.640]  the note calls for, that's fraud, even though they lessen it at the back end, it's still
[40:09.640 --> 40:16.960]  fraud, it's not what you agreed to but what you'll find mostly is when you run the numbers
[40:16.960 --> 40:23.480]  for the truth and lending statement and then run the numbers from your note, the truth
[40:23.480 --> 40:30.680]  and lending statement will cost you a lot more money than the note, about 75% of the
[40:30.680 --> 40:37.120]  time the payment on the truth and lending is higher than the payment on the note, so
[40:37.120 --> 40:42.440]  you just run them next to each other and take the amount of the note subtracted from the
[40:42.440 --> 40:49.880]  truth and lending statement payment and deduct the difference from your principal, you will
[40:49.880 --> 40:55.600]  be amazed at the difference, the one I use as an example, one of the first ones I did,
[40:55.600 --> 41:02.320]  $118,000 note at 6% interest, truth and lending said, and this is how it usually works, truth
[41:02.320 --> 41:09.760]  and lending I have a little bit less principal, $25,000 less, a little bit more interest,
[41:09.760 --> 41:19.560]  this one $118,000 at 6% on the note, $113,900 on the truth and lending at 6.5%, well you
[41:19.560 --> 41:25.560]  know you sit down, you're sitting at closing and they had you sign, read and sign a stack
[41:25.560 --> 41:31.960]  of documents an inch high, by the time you get to these your brain is getting fuddled,
[41:31.960 --> 41:36.260]  so you look at these two and I've had people say this, well I saw that but I looked like
[41:36.260 --> 41:45.160]  it would balance out, on this particular note he would have paid $48 extra every month,
[41:45.160 --> 41:51.280]  take that off the principal every month and run the note, if he paid the full amount that
[41:51.280 --> 41:57.240]  they intended that he pay on the truth and lending statement, when it was more than he
[41:57.240 --> 42:06.560]  should have been paying, he would have overpaid on $118,000 note in 30 years $44,000, over
[42:06.560 --> 42:14.160]  a third of the note overpayment, when you start knocking extra off the principal every
[42:14.160 --> 42:21.240]  month it has a dramatic effect, it builds up quickly, so we do that first then we take
[42:21.240 --> 42:27.200]  the amount of all of the fees they charged you, because those go on the head of the note
[42:27.200 --> 42:33.600]  and you pay interest on them for 30 years, every dollar they put extra on the head of
[42:33.600 --> 42:39.400]  the note is the last dollar you pay off at the end of the note, so we subtract that and
[42:39.400 --> 42:46.080]  run the note, we come up with a significant figure and then we go to all the truth and
[42:46.080 --> 42:53.880]  lending violations, look at your note, is the principal and interest as printed on the
[42:53.880 --> 43:00.360]  note in a darker bolder font that stands out from all of the rest of the type on the note,
[43:00.360 --> 43:08.440]  about 50% of the time they're not, well that's a Brespa violation, three days after you filed
[43:08.440 --> 43:17.480]  your application with the lender, did they give you a HUD 1 booklet, home buying and
[43:17.480 --> 43:20.480]  I forget the exact title, but there's a little booklet they're supposed to give you that
[43:20.480 --> 43:26.040]  warns you about all the crap OLA that the lender is about to try to pull on you, they're
[43:26.040 --> 43:30.280]  required to give you this booklet within three days of your filing an application, I've only
[43:30.280 --> 43:36.480]  seen it one time, and there's several more and I'll explain what we do with the Brespa
[43:36.480 --> 43:39.720]  violations when we get back.
[43:39.720 --> 43:51.920]  We also have Joyce and Gary on the line as well, in case you didn't see that, Randy.
[43:51.920 --> 43:56.280]  So when we get back, Randy's going to finish and then we'll go to your calls, we'll be
[43:56.280 --> 44:00.840]  right back.
[44:00.840 --> 44:05.600]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[44:05.600 --> 44:09.640]  Stop debt collectors now with the Michael Mears Proven Method.
[44:09.640 --> 44:13.960]  Michael Mears has won six cases in federal court against debt collectors and now you
[44:13.960 --> 44:15.280]  can win too.
[44:15.280 --> 44:19.920]  You'll get step by step instructions in plain English on how to win in court using federal
[44:19.920 --> 44:25.560]  civil rights statutes, what to do when contacted by phone, mail or court summons, how to answer
[44:25.560 --> 44:30.200]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[44:30.200 --> 44:34.400]  financial tables on them and make them pay you to go away.
[44:34.400 --> 44:39.200]  The Michael Mears Proven Method is the solution for how to stop debt collectors.
[44:39.200 --> 44:41.360]  Personal consultation is available as well.
[44:41.360 --> 44:47.160]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[44:47.160 --> 44:50.160]  or email michaelmears at yahoo.com.
[44:50.160 --> 44:59.160]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[44:59.160 --> 45:00.160]  collectors now.
[45:00.160 --> 45:04.920]  Whoa-oh, oh, oh, oh, oh, oh.
[45:04.920 --> 45:09.000]  Whoa-oh, oh, oh, oh, oh.
[45:09.000 --> 45:10.000]  Yeah.
[45:10.000 --> 45:24.280]  Always, I must be careful what I'm wishing for when I'm in need.
[45:24.280 --> 45:46.280]  always, I must be careful what I'm wishing for. When I'm hungry, I like to know just what I'm fishing for. I ain't asking for much, I ain't trying to be no glutton. I'm just here making my living pushing buttons.
[45:46.280 --> 45:59.280]  Okay, Randy Kelton, Debra Stevens, Eddie Craig, we're back. And actually, I did have the call screen up and I was watching you guys, but I'd have got to it eventually.
[45:59.280 --> 46:00.280]  Well, you know, I never.
[46:00.280 --> 46:01.280]  Sooner or later.
[46:01.280 --> 46:05.280]  Yeah, sorry, Randy, but I never know because sometimes you have the call screen up and sometimes you don't.
[46:05.280 --> 46:06.280]  Okay.
[46:06.280 --> 46:12.280]  And so I just wanted to acknowledge the callers so that they would know that we actually see them there, trying to be nice to everybody.
[46:12.280 --> 46:24.280]  Okay, Josh and Gary, we'll get you in a minute. I just wanted to finish this part about something. Now I forgot where I was at.
[46:24.280 --> 46:29.280]  I hate when that happens.
[46:29.280 --> 46:32.280]  Come on, Eddie, you were listening.
[46:32.280 --> 46:35.280]  Yeah, I'm just trying to let you have your leeway here, man.
[46:35.280 --> 46:39.280]  I don't want leeway, I want to know where I was at.
[46:39.280 --> 46:41.280]  I'm old.
[46:41.280 --> 46:42.280]  You're old.
[46:42.280 --> 46:53.280]  Okay, we were talking about the rest of the violations. Yeah, I knew that. Okay, rest of the violations.
[46:53.280 --> 47:09.280]  The legislature authorized the courts to assess a penalty in the case of a violation of the real estate settlement procedures act, a penalty as opposed to a fine or a fee.
[47:09.280 --> 47:17.280]  And a fine or a fee goes to the agency, but a penalty goes to the aggrieved party.
[47:17.280 --> 47:24.280]  But they did say that a violation of the real estate settlement procedures act does not create a cause of action.
[47:24.280 --> 47:27.280]  That means you can't sue them for it.
[47:27.280 --> 47:36.280]  So we need to find out a way to adjudicate this, and this is what we come up with.
[47:36.280 --> 47:46.280]  Since the legislature directed the courts in the case of a violation of Respitee La Joppa, the real estate settlement procedures act,
[47:46.280 --> 47:56.280]  Home Equity Protection Act, that they're authorized to assess a penalty of no less than 200, no more than 2,000.
[47:56.280 --> 48:04.280]  So we assume that the court's going to throw the book out, 2,000 a pop.
[48:04.280 --> 48:12.280]  So if the printing on the note of the principal and interest is not darker than the rest of the printing, 2,000.
[48:12.280 --> 48:20.280]  And what the legislature said is that the aggrieved party does not have to show harm.
[48:20.280 --> 48:26.280]  It was intended that these consumer protection laws engender strict adherence.
[48:26.280 --> 48:34.280]  Therefore, a violation is harm per se. So if harm is a matter of law, you don't have to show it.
[48:34.280 --> 48:39.280]  Is there a holder warning on the note?
[48:39.280 --> 48:43.280]  We hear a lot about the holder in due course.
[48:43.280 --> 48:57.280]  In the matter of a security instrument based on a consumer note, there can be no holder in due course.
[48:57.280 --> 49:01.280]  If I write you a check, you accept the check, take it to the bank, it bounces.
[49:01.280 --> 49:06.280]  They don't come back after you for fraud. They come back after me for fraud.
[49:06.280 --> 49:16.280]  You are a holder in due course. You accepted it in good faith. You have no responsibility for the fraud involved in creating the instrument.
[49:16.280 --> 49:22.280]  However, what the FTC said was you have all these companies going into business to get a big loan from the bank.
[49:22.280 --> 49:30.280]  They use predatory lending practices to turn them into 20, 30-year mortgages, sell off the security instrument,
[49:30.280 --> 49:34.280]  and then close up shop and go away and start up another business.
[49:34.280 --> 49:38.280]  It leaves the borrower with no remedy.
[49:38.280 --> 49:45.280]  So they passed 16 CFR 433.
[49:45.280 --> 49:52.280]  It says that in every security instrument based on a consumer transaction,
[49:52.280 --> 50:05.280]  there will be a paragraph in the security instrument notifying any purchaser of the security that they stand in the shoes of the lender
[50:05.280 --> 50:10.280]  and are subject to any claim the borrower would have against the lender.
[50:10.280 --> 50:16.280]  They are a real party in interest, never a holder in due course.
[50:16.280 --> 50:26.280]  I have never seen that in any residential commercial mortgage, I mean a consumer mortgage note.
[50:26.280 --> 50:28.280]  2,000 off the head of the note.
[50:28.280 --> 50:34.280]  Did you get all the notices in one bundle separate from all the other documents in the note?
[50:34.280 --> 50:36.280]  No, 2,000 off the head of the note.
[50:36.280 --> 50:40.280]  We can generally find 15 or 20 of these.
[50:40.280 --> 50:44.280]  As a rule, I just take 18.
[50:44.280 --> 50:48.280]  2,000 each, take it off the head of the note.
[50:48.280 --> 50:52.280]  The reason we take it off the head of the note is the court's help.
[50:52.280 --> 50:54.280]  Guy's in bankruptcy.
[50:54.280 --> 50:58.280]  He's out of bankruptcy, makes claims against the lender.
[50:58.280 --> 51:05.280]  The court assesses penalties to the lender, gives it to the bankruptcy pool.
[51:05.280 --> 51:07.280]  He said, wait a minute, wait a minute, I should get that.
[51:07.280 --> 51:09.280]  They said no.
[51:09.280 --> 51:13.280]  The penalty accrued at consummation of the note.
[51:13.280 --> 51:21.280]  So when you signed the note, if there were any consumer protection law violations,
[51:21.280 --> 51:25.280]  that penalty accrued at that moment.
[51:25.280 --> 51:31.280]  So whatever the amount of the penalty was, you had a right to it.
[51:31.280 --> 51:37.280]  Now you can't sue for that penalty, but what you can sue for is the amount of the penalty
[51:37.280 --> 51:40.280]  that you didn't receive at consummation of the note.
[51:40.280 --> 51:45.280]  You didn't get to take it off the principal and lessen the principal.
[51:45.280 --> 51:52.280]  So we take 2,000 off the principal for every hope of respiteela violation.
[51:52.280 --> 51:54.280]  You can run the note that way.
[51:54.280 --> 51:57.280]  It comes up with a pretty big number.
[51:57.280 --> 52:04.280]  And then for every one of those fees the lender failed to prove up,
[52:04.280 --> 52:08.280]  we take a respiteela violation for each one of those.
[52:08.280 --> 52:11.280]  That also comes up with a pretty big number.
[52:11.280 --> 52:19.280]  And the reason we can do that is the lender will not prove up a single one of those.
[52:19.280 --> 52:21.280]  He doesn't dare.
[52:21.280 --> 52:25.280]  If he proves up the ones he can, you've got all the garbage ones in there he can't prove up.
[52:25.280 --> 52:28.280]  It creates the adverse inference.
[52:28.280 --> 52:30.280]  So he doesn't prove up any.
[52:30.280 --> 52:39.280]  My favorite one is a State of Texas tax guarantee fee, $1.
[52:39.280 --> 52:42.280]  They won't prove that up.
[52:42.280 --> 52:46.280]  We take 2,000 off the head of the note for it.
[52:46.280 --> 52:53.280]  Now, once you have this large number, you send that to them.
[52:53.280 --> 52:58.280]  See, this is what all of these fees, all of these amounts,
[52:58.280 --> 53:03.280]  I had a right to be removed from the principal at consummation of note.
[53:03.280 --> 53:08.280]  And because they weren't, this is the amount you intended to defraud me of.
[53:08.280 --> 53:20.280]  You see, you don't claim the amount in fraud that the perpetrator actually defrauded you of.
[53:20.280 --> 53:26.280]  You claim the amount that they would have defrauded you of had their plan ran through fruition.
[53:26.280 --> 53:29.280]  I have a question from Eddie, do you have the site on the case?
[53:29.280 --> 53:34.280]  Not on the top of my head, but I certainly need to look it back up.
[53:34.280 --> 53:37.280]  I wouldn't claim it if I haven't actually read the case.
[53:37.280 --> 53:38.280]  So I did read it.
[53:38.280 --> 53:45.280]  It's in my research, but I do have to dig that out.
[53:45.280 --> 53:54.280]  Anyway, you tell the lender in your qualified written request to remove all of these amounts from the head of the note,
[53:54.280 --> 53:58.280]  make the corrections, send the corrections back to me.
[53:58.280 --> 54:04.280]  Well, the last thing they're going to do is try to prove up fees they can't prove up.
[54:04.280 --> 54:10.280]  That would be absolute fraud and perjury if you couldn't get around that.
[54:10.280 --> 54:14.280]  So they just send you this response to the qualified written request saying,
[54:14.280 --> 54:21.280]  oh, we examined into this and all of our fees were proper and appropriate.
[54:21.280 --> 54:27.280]  In the qualified written request, we demand rescission if they fail to prove up these fees.
[54:27.280 --> 54:42.280]  Any undisclosed fee at foreclosure, if there is an undisclosed fee in excess of $35, that's all of them together.
[54:42.280 --> 54:55.280]  If there's $35 of undisclosed disbursements to the agent and we claim that all of these extra fees were to pay the agent under the table
[54:55.280 --> 55:00.280]  because we know the agent always gets 2% to 3%.
[55:00.280 --> 55:05.280]  $35 not disclosed, right to rescission renews.
[55:05.280 --> 55:10.280]  Any time there's fraud in the loan, right to rescission is incurred.
[55:10.280 --> 55:15.280]  So we demand they rescind the note and they'll deny rescission.
[55:15.280 --> 55:17.280]  And here's their problem.
[55:17.280 --> 55:19.280]  They don't have authority to deny this rescission.
[55:19.280 --> 55:21.280]  They can just refuse to do it.
[55:21.280 --> 55:29.280]  So when we file suit against them, we maintain that rescission occurred when they answered the qualified written request
[55:29.280 --> 55:32.280]  and failed to answer it properly.
[55:32.280 --> 55:36.280]  Therefore, they had 20 days from that date to recover their property
[55:36.280 --> 55:46.280]  or according to the Real Estate Selma Procedures Act, the borrower may retain the property with no further obligation.
[55:46.280 --> 55:49.280]  That's one of the landmines we lay in there.
[55:49.280 --> 55:54.280]  And another landmine we lay in there is we ask for the note.
[55:54.280 --> 55:57.280]  It's been a long time looking for this.
[55:57.280 --> 56:00.280]  Finally got it.
[56:00.280 --> 56:04.280]  UCC 3-501.
[56:04.280 --> 56:09.280]  It's paragraph 2B1, I believe.
[56:09.280 --> 56:22.280]  If a creditor, and this doesn't just go to Consumer Notes or any kind of all collections of credit,
[56:22.280 --> 56:27.280]  when the creditor petitions the borrower for payment,
[56:27.280 --> 56:39.280]  if the borrower demands production of the contract instrument, that's the original contract instrument,
[56:39.280 --> 56:48.280]  the lender must make the document available for inspection by the borrower.
[56:48.280 --> 56:53.280]  If he fails to do so or fails to abide by all applicable law,
[56:53.280 --> 56:59.280]  the borrower may cease all payments without dishonor.
[56:59.280 --> 57:03.280]  So all of this stuff about where's the note?
[57:03.280 --> 57:10.280]  When we ask for the note and they don't produce it, they're stopped from any further collections.
[57:10.280 --> 57:14.280]  That's another landmine in their path.
[57:14.280 --> 57:19.280]  And there are actually a number more of those
[57:19.280 --> 57:28.280]  because we argue issues that aren't argued often.
[57:28.280 --> 57:32.280]  And this goes to a problem that the attorneys have.
[57:32.280 --> 57:38.280]  And since I've taken up so much time, I've taken up a whole other segment.
[57:38.280 --> 57:42.280]  I'll do this, and as soon as I finish this, when we come back from next break, we'll start taking calls.
[57:42.280 --> 57:46.280]  And I apologize for holding you guys up, first of all.
[57:46.280 --> 57:50.280]  Attorneys, attorneys are terrified of getting disbarred.
[57:50.280 --> 57:56.280]  If an attorney raises a frivolous issue before the court or an issue that's been well adjudicated
[57:56.280 --> 58:03.280]  and he doesn't raise a valid theory for why it should be overturned,
[58:03.280 --> 58:10.280]  that's a violation of the codes of ethics, he can be disbarred for that.
[58:10.280 --> 58:15.280]  Any time they're asked to argue something they're not familiar with, it terrifies them.
[58:15.280 --> 58:18.280]  They're afraid they'll wind up getting disbarred over it.
[58:18.280 --> 58:23.280]  So we look for every one of those kinds of arguments we can possibly find
[58:23.280 --> 58:26.280]  because that's the kind of guys we are.
[58:26.280 --> 58:28.280]  Okay, we're about to go to break.
[58:28.280 --> 58:30.280]  When we come back from break, we'll start taking calls.
[58:30.280 --> 58:32.280]  We've got Joyce and Gary on the line.
[58:32.280 --> 58:38.280]  If anybody else has any questions, tonight we're going to play Stump the Chumps.
[58:38.280 --> 58:40.280]  Me and Eddie are the chumps.
[58:40.280 --> 58:43.280]  See if you can stump us with some good, hard questions.
[58:43.280 --> 58:50.280]  We'll be right back on the other side.
[59:13.280 --> 59:20.280]  We'll be right back.
[59:43.280 --> 01:00:03.280]  This news brief brought to you by the International News Net.
[01:00:03.280 --> 01:00:09.280]  Coast Guard Rear Admiral Mary Landry said Friday oil was not spilling from a deep water well
[01:00:09.280 --> 01:00:14.280]  off the coast of Louisiana, easing concerns about a potential environmental disaster
[01:00:14.280 --> 01:00:20.280]  days after an explosion on an oil rig left 11 workers missing.
[01:00:20.280 --> 01:00:25.280]  In Iraq Friday, a wave of bombings targeting Shiites, a market in Baghdad,
[01:00:25.280 --> 01:00:31.280]  and a neighborhood in Ambar province killed 61 people and wounded more than 100 others.
[01:00:31.280 --> 01:00:35.280]  The bombings came days after Iraqi and U.S. officials announced
[01:00:35.280 --> 01:00:40.280]  they had killed the two most wanted al-Qaeda leaders in the country.
[01:00:40.280 --> 01:00:45.280]  Israeli Prime Minister Benjamin Netanyahu charges Iran is trying to provoke a war
[01:00:45.280 --> 01:00:51.280]  between Israel and Syria, saying Iran is trying to convince Syria that an Israeli attack is imminent.
[01:00:51.280 --> 01:00:56.280]  Last week, Israel accused Syria of smuggling rockets to the Lebanese guerrillas' Hezbollah.
[01:00:56.280 --> 01:01:00.280]  This news brief brought to you by the International News Net.
[01:01:00.280 --> 01:01:05.280]  Greek public sector workers went on strike Thursday to protest austerity measures
[01:01:05.280 --> 01:01:10.280]  and pressed the government not to agree to further cuts as it discusses an aid package
[01:01:10.280 --> 01:01:13.280]  with the EU and the International Monetary Fund.
[01:01:13.280 --> 01:01:19.280]  Doctors, nurses, teachers, tax officials, and dock workers walked out, paralyzing public services.
[01:01:19.280 --> 01:01:25.280]  Thousands are expected to march Friday as European and IMF officials meet for the second day of talks
[01:01:25.280 --> 01:01:28.280]  that could lead to a financial bailout for Greece.
[01:01:28.280 --> 01:01:33.280]  Workers are protesting public wage cuts, a pension freeze, and tax hikes
[01:01:33.280 --> 01:01:37.280]  to try to pull Greece out of a fiscal crisis that has shaken markets worldwide
[01:01:37.280 --> 01:01:41.280]  and driven Greece's borrowing costs to a 12-year high.
[01:01:41.280 --> 01:01:46.280]  Many in Greece fear strings attached to a $60 billion aid package
[01:01:46.280 --> 01:01:52.280]  will hit living standards in a country where one person in five lives below the poverty level.
[01:01:52.280 --> 01:01:56.280]  This news brief brought to you by the International News Net.
[01:01:56.280 --> 01:02:01.280]  The New START Treaty signed by Barack Obama and Russian President Dmitry Medvedov
[01:02:01.280 --> 01:02:05.280]  two weeks ago aimed at cutting each country's nuclear arsenal
[01:02:05.280 --> 01:02:10.280]  contains a provision demanding the U.S. decommission one nuclear missile
[01:02:10.280 --> 01:02:15.280]  for every missile it deploys under a new program called Prompt Global Strike.
[01:02:15.280 --> 01:02:19.280]  These missiles will be armed with 1,000-pound conventional warheads
[01:02:19.280 --> 01:02:23.280]  designed to strike anywhere in the world within one hour of launch
[01:02:23.280 --> 01:02:27.280]  with incredible accuracy, but the weapon's capabilities are enough to raise fears
[01:02:27.280 --> 01:02:30.280]  in other nations of a nuclear strike.
[01:02:30.280 --> 01:02:35.280]  Barack Obama has said he wants America's defense strategy to rely less on a nuclear deterrent.
[01:02:35.280 --> 01:02:40.280]  However, maintaining such a weapon in the U.S. arsenal would require reassuring Russia,
[01:02:40.280 --> 01:02:45.280]  China, or other nations that a U.S. missile being fired does not represent
[01:02:45.280 --> 01:02:51.280]  the beginning of a nuclear attack on them, sparking a nuclear retaliatory launch against the U.S.
[01:02:51.280 --> 01:02:57.280]  For more news and information, visit our website at innworldreport.net.
[01:02:57.280 --> 01:03:06.280]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com.
[01:03:06.280 --> 01:03:10.280]  Live free speech talk radio at its best.
[01:03:10.280 --> 01:03:35.280]  Music.
[01:03:35.280 --> 01:03:41.280]  Okay, we're taking your phone calls, 512-646-1984.
[01:03:41.280 --> 01:03:44.280]  We've got Joyce in New Jersey.
[01:03:44.280 --> 01:03:47.280]  Joyce, thanks for calling in. What's on your mind tonight?
[01:03:47.280 --> 01:03:52.280]  Hello, all. Nice to talk to you. Glad you're still there.
[01:03:52.280 --> 01:04:00.280]  I wanted to talk a little bit tonight, if you wanted to, about grand juries
[01:04:00.280 --> 01:04:05.280]  and something I uncovered today in my own case, besides an attorney
[01:04:05.280 --> 01:04:09.280]  that does not know what fiduciary duty means.
[01:04:09.280 --> 01:04:12.280]  That was a real surprise.
[01:04:12.280 --> 01:04:16.280]  But I don't know if you remember the details from my case,
[01:04:16.280 --> 01:04:19.280]  but I'm still talking it out in New Jersey.
[01:04:19.280 --> 01:04:26.280]  And they had an indictment, got an indictment, the grand jury never signed.
[01:04:26.280 --> 01:04:30.280]  And it was on totally false charges.
[01:04:30.280 --> 01:04:41.280]  And we proved on the record, you know, that they were false.
[01:04:41.280 --> 01:04:43.280]  For all the proof of my innocence on the record,
[01:04:43.280 --> 01:04:45.280]  I defaulted the case and I will take it.
[01:04:45.280 --> 01:04:48.280]  So they've been in default now for quite some time.
[01:04:48.280 --> 01:04:54.280]  Finally returned computer equipment that they confiscated during the false arrest.
[01:04:54.280 --> 01:05:00.280]  And that was now functioning, of course.
[01:05:00.280 --> 01:05:08.280]  And now they have come up with a superseding indictment.
[01:05:08.280 --> 01:05:15.280]  Instead of charging me with theft, they're charging me with receiving stolen property.
[01:05:15.280 --> 01:05:21.280]  And he was held evidence from the grand jury to get the first indictment,
[01:05:21.280 --> 01:05:24.280]  with all its culpatory evidence.
[01:05:24.280 --> 01:05:31.280]  And I did a little bit of research on case law today about that.
[01:05:31.280 --> 01:05:37.280]  And in addition to him being an officer of the court,
[01:05:37.280 --> 01:05:47.280]  committing, in my opinion, blatant perjury to the grand jury,
[01:05:47.280 --> 01:05:57.280]  we've come up with case law on misuse of public funds by prolonged criminal proceedings.
[01:05:57.280 --> 01:05:58.280]  Okay.
[01:05:58.280 --> 01:06:00.280]  I have a question.
[01:06:00.280 --> 01:06:01.280]  Go ahead.
[01:06:01.280 --> 01:06:05.280]  Have you filed criminal charges against him with the grand jury?
[01:06:05.280 --> 01:06:06.280]  No.
[01:06:06.280 --> 01:06:08.280]  I filed it into the case.
[01:06:08.280 --> 01:06:12.280]  I filed a 46-count hearing complaint into the case.
[01:06:12.280 --> 01:06:13.280]  No, no, no, no.
[01:06:13.280 --> 01:06:14.280]  Also to prove.
[01:06:14.280 --> 01:06:15.280]  Okay.
[01:06:15.280 --> 01:06:16.280]  Suggestion.
[01:06:16.280 --> 01:06:19.280]  Is this in a, I take it this is a federal case?
[01:06:19.280 --> 01:06:20.280]  No.
[01:06:19.280 --> 01:06:21.280]  Well, it wasn't.
[01:06:21.280 --> 01:06:24.280]  It was a state superior divorce case.
[01:06:24.280 --> 01:06:27.280]  It looks like it's turning into a federal case.
[01:06:27.280 --> 01:06:28.280]  No, wait a minute.
[01:06:27.280 --> 01:06:29.280]  Is it superseding?
[01:06:29.280 --> 01:06:30.280]  Wait a minute.
[01:06:29.280 --> 01:06:32.280]  It can't either, it can't look like it's turning into it.
[01:06:32.280 --> 01:06:34.280]  Either is or it isn't.
[01:06:34.280 --> 01:06:37.280]  Is it in the federal court or is it in the state court?
[01:06:37.280 --> 01:06:38.280]  Well, it's in the state court,
[01:06:38.280 --> 01:06:42.280]  but there's state and federal violations on their part, not mine.
[01:06:42.280 --> 01:06:47.280]  Well, file criminal charges against him with the grand jury?
[01:06:47.280 --> 01:06:52.280]  Well, I sent a criminal complaint, certified mail,
[01:06:52.280 --> 01:06:58.280]  the first criminal complaint on the confiscation of a computer after I got out of jail.
[01:06:58.280 --> 01:07:00.280]  He kept me in jail for 30 days.
[01:07:00.280 --> 01:07:01.280]  Okay, wait.
[01:07:01.280 --> 01:07:02.280]  Don't get off on the track.
[01:07:02.280 --> 01:07:04.280]  Go back to sent the compliance.
[01:07:04.280 --> 01:07:05.280]  Okay, yeah, I did.
[01:07:05.280 --> 01:07:10.280]  I sent the first criminal complaint to the grand jury foreman, certified mail,
[01:07:10.280 --> 01:07:15.280]  and she sent it back to me saying that there was nothing filed into the court.
[01:07:15.280 --> 01:07:18.280]  There was no criminal complaint filed into the court.
[01:07:18.280 --> 01:07:24.280]  Then file, did you file criminal charges against the foreman of the grand jury?
[01:07:24.280 --> 01:07:29.280]  Wait, is there a, okay, what's, you're in New Jersey.
[01:07:29.280 --> 01:07:33.280]  Is there a specific restriction on the grand jury
[01:07:33.280 --> 01:07:40.280]  that they can only hear complaints based on existing cases?
[01:07:40.280 --> 01:07:45.280]  No, I don't know about that, but they're blocked to the public by prosecutors.
[01:07:45.280 --> 01:07:47.280]  No, no, no, that's nonsense.
[01:07:47.280 --> 01:07:51.280]  That's like saying the prosecutor parked the truck in front of the courthouse.
[01:07:51.280 --> 01:07:53.280]  Who cares?
[01:07:53.280 --> 01:07:55.280]  Prosecutor gets between me and the grand jury.
[01:07:55.280 --> 01:07:59.280]  I could file on the prosecutor.
[01:07:59.280 --> 01:08:03.280]  Yeah, I did, I did. I charged them with malfeasance.
[01:08:03.280 --> 01:08:04.280]  How did you do that?
[01:08:04.280 --> 01:08:05.280]  Through the book.
[01:08:05.280 --> 01:08:09.280]  By, when I defaulted the case in admiralty, I put.
[01:08:09.280 --> 01:08:12.280]  Oh, wait a minute, wait a minute, wait a minute.
[01:08:12.280 --> 01:08:13.280]  You are not an admiralty.
[01:08:13.280 --> 01:08:14.280]  I filed a complaint.
[01:08:14.280 --> 01:08:15.280]  Okay.
[01:08:15.280 --> 01:08:16.280]  I'm a criminal.
[01:08:16.280 --> 01:08:19.280]  After I put all the proof of my innocence on record.
[01:08:19.280 --> 01:08:21.280]  That's not filing a complaint.
[01:08:21.280 --> 01:08:22.280]  Yes.
[01:08:22.280 --> 01:08:24.280]  That's complaining.
[01:08:24.280 --> 01:08:26.280]  I filed it into the case.
[01:08:26.280 --> 01:08:29.280]  It's a big deal.
[01:08:29.280 --> 01:08:34.280]  It gives no one a duty so they can ignore it.
[01:08:34.280 --> 01:08:40.280]  And this admiralty, you can't get to admiralty.
[01:08:40.280 --> 01:08:41.280]  Period.
[01:08:41.280 --> 01:08:46.280]  Unless this occurred on a ship on navigable waters.
[01:08:46.280 --> 01:08:48.280]  Well, I was the vessel.
[01:08:48.280 --> 01:08:51.280]  No, you're not the vessel.
[01:08:51.280 --> 01:08:52.280]  The rest is me.
[01:08:52.280 --> 01:08:56.280]  That is absolute nonsense.
[01:08:56.280 --> 01:08:58.280]  These guys have been trying to push this stuff.
[01:08:58.280 --> 01:08:59.280]  I want to get back to it.
[01:08:59.280 --> 01:09:00.280]  You know, I want to get back to it.
[01:09:00.280 --> 01:09:01.280]  Okay.
[01:09:01.280 --> 01:09:05.280]  You can't file it in the case.
[01:09:05.280 --> 01:09:09.280]  You need to file it with someone who has a duty to take criminal complaints.
[01:09:09.280 --> 01:09:12.280]  Do you have magistrates in New Jersey?
[01:09:12.280 --> 01:09:16.280]  I don't know if I'm going to find one.
[01:09:16.280 --> 01:09:19.280]  Okay, all judges are generally magistrates.
[01:09:19.280 --> 01:09:25.280]  What is it supposed to bring me before a magistrate within 24 hours to pick me up?
[01:09:25.280 --> 01:09:26.280]  Yes.
[01:09:26.280 --> 01:09:27.280]  Yeah, I know.
[01:09:27.280 --> 01:09:28.280]  I thought so.
[01:09:28.280 --> 01:09:29.280]  Okay.
[01:09:29.280 --> 01:09:35.280]  We get a lot of people complaining about all the things they did wrong.
[01:09:35.280 --> 01:09:43.280]  I'm suggesting that you should be laying in wait for them to do something wrong so you can get a shot at them.
[01:09:43.280 --> 01:09:49.280]  Proceeding indictment, they have yet to notify me that I've been indicted again.
[01:09:49.280 --> 01:09:53.280]  They have a whole new case number, a whole new indictment number,
[01:09:53.280 --> 01:10:01.280]  and I found out by a witness that got subpoenaed into the trial by him calling me and saying,
[01:10:01.280 --> 01:10:03.280]  I just got subpoenaed.
[01:10:03.280 --> 01:10:05.280]  I said, oh, God, read it to me because he gets my mail.
[01:10:05.280 --> 01:10:08.280]  He's a third-party notary witness.
[01:10:08.280 --> 01:10:09.280]  Read it to me.
[01:10:09.280 --> 01:10:10.280]  Wait a minute.
[01:10:10.280 --> 01:10:12.280]  Is this an adverse witness?
[01:10:12.280 --> 01:10:13.280]  No.
[01:10:13.280 --> 01:10:18.280]  Adverse witness does not have, if he's not an adverse witness, he doesn't have to be subpoenaed.
[01:10:18.280 --> 01:10:24.280]  They can just call him and say, anybody can come and testify.
[01:10:24.280 --> 01:10:29.280]  You don't have to subpoena somebody if they'll voluntarily show up.
[01:10:29.280 --> 01:10:30.280]  Well, they subpoenaed him.
[01:10:30.280 --> 01:10:34.280]  This is how I found out they got a second indictment.
[01:10:34.280 --> 01:10:43.280]  He calls me up and tells me he just got this subpoena, and he's reading it to me and says the state of New Jersey versus Joyce Capello,
[01:10:43.280 --> 01:10:47.280]  and the charges are receiving stolen property.
[01:10:47.280 --> 01:10:48.280]  Okay.
[01:10:48.280 --> 01:10:49.280]  And I said, wait a minute.
[01:10:49.280 --> 01:10:50.280]  What's wrong with that?
[01:10:50.280 --> 01:10:52.280]  The whole new charges.
[01:10:52.280 --> 01:10:53.280]  Okay.
[01:10:53.280 --> 01:10:58.280]  And it's a whole new indictment, and I didn't know anything about it.
[01:10:58.280 --> 01:10:59.280]  Wait a minute.
[01:10:59.280 --> 01:11:00.280]  I don't know.
[01:11:00.280 --> 01:11:01.280]  Wait a minute.
[01:11:01.280 --> 01:11:02.280]  I don't know where you're going.
[01:11:02.280 --> 01:11:04.280]  You're running around in circles on me.
[01:11:04.280 --> 01:11:05.280]  I...
[01:11:05.280 --> 01:11:06.280]  What is your question?
[01:11:06.280 --> 01:11:07.280]  I didn't decide myself.
[01:11:07.280 --> 01:11:11.280]  I heard this from a witness that's being subpoenaed.
[01:11:11.280 --> 01:11:12.280]  Wait a minute.
[01:11:12.280 --> 01:11:13.280]  Wait a minute.
[01:11:13.280 --> 01:11:14.280]  Wait a minute.
[01:11:14.280 --> 01:11:17.280]  What is your issue?
[01:11:17.280 --> 01:11:23.280]  My issue is what...
[01:11:23.280 --> 01:11:26.280]  This is going on two years.
[01:11:26.280 --> 01:11:27.280]  Okay.
[01:11:27.280 --> 01:11:32.280]  All right, and this is all retaliatory because they were confiscating my email.
[01:11:32.280 --> 01:11:33.280]  Okay.
[01:11:33.280 --> 01:11:34.280]  Wait a minute.
[01:11:34.280 --> 01:11:35.280]  Okay.
[01:11:35.280 --> 01:11:36.280]  Wait.
[01:11:36.280 --> 01:11:37.280]  Don't...
[01:11:37.280 --> 01:11:38.280]  We'll spend all night with an argument of the case.
[01:11:38.280 --> 01:11:42.280]  I really need to know where you're at, why you're here.
[01:11:42.280 --> 01:11:43.280]  I'm trying to...
[01:11:43.280 --> 01:11:49.280]  Well, I really am trying to get your opinion on how to deal with this.
[01:11:49.280 --> 01:11:50.280]  Okay.
[01:11:50.280 --> 01:11:52.280]  Be notified myself about the new...
[01:11:52.280 --> 01:11:53.280]  Okay.
[01:11:53.280 --> 01:11:57.280]  Wait, wait, wait, stop, stop, stop, stop, stop.
[01:11:57.280 --> 01:11:59.280]  Have you written a narrative?
[01:11:59.280 --> 01:12:01.280]  Oh, yes.
[01:12:01.280 --> 01:12:09.280]  Then could you send me a bullet point outlined?
[01:12:09.280 --> 01:12:14.280]  Then I can look at it, and when you bring up something, I've got a model of what's going on here,
[01:12:14.280 --> 01:12:19.280]  and I kind of know where you're at because you're jumping from one place to another and then back.
[01:12:19.280 --> 01:12:24.280]  You know all the details, and you understand how they all fit together.
[01:12:24.280 --> 01:12:28.280]  I don't have a clue, and I'm totally lost.
[01:12:28.280 --> 01:12:35.280]  Well, I just basically wanted to discuss what, in your opinion,
[01:12:35.280 --> 01:12:46.280]  the charges should be for an officer of the court that deliberately perjures himself to a grand jury because...
[01:12:46.280 --> 01:12:49.280]  That one's easy. That one's real easy.
[01:12:49.280 --> 01:12:52.280]  That's aggravated perjury.
[01:12:52.280 --> 01:12:58.280]  Was the false statement a statement of material fact?
[01:12:58.280 --> 01:12:59.280]  No.
[01:12:59.280 --> 01:13:00.280]  They have nothing.
[01:13:00.280 --> 01:13:01.280]  They have no first...
[01:13:01.280 --> 01:13:03.280]  They can't meet the elements of the crime.
[01:13:03.280 --> 01:13:05.280]  Do you not understand the question?
[01:13:05.280 --> 01:13:08.280]  Yeah, you didn't understand the question.
[01:13:08.280 --> 01:13:16.280]  Are you accusing the individual of making a false statement of a material fact?
[01:13:16.280 --> 01:13:22.280]  If I get on the stand and I say, I'm six feet tall and I weigh 130 pounds,
[01:13:22.280 --> 01:13:25.280]  but I've got muscles big as basketballs.
[01:13:25.280 --> 01:13:32.280]  Well, that's not true, but it's not material either, so it don't matter.
[01:13:32.280 --> 01:13:35.280]  It's not material because it's not relevant to the case.
[01:13:35.280 --> 01:13:37.280]  That's what material fact means.
[01:13:37.280 --> 01:13:38.280]  That's what I'm getting to.
[01:13:38.280 --> 01:13:45.280]  If the person got on the stand and lied about something that matters, that's aggravated perjury.
[01:13:45.280 --> 01:13:47.280]  That's real easy.
[01:13:47.280 --> 01:13:55.280]  If the prosecuting attorney secreted a sculptural evidence from the grand jury, that's tampering with the jury.
[01:13:55.280 --> 01:13:57.280]  Right.
[01:13:57.280 --> 01:14:05.280]  He definitely did get the first indictment, and he also blatantly perjured himself to get the second.
[01:14:05.280 --> 01:14:08.280]  Then file the complaints with the grand jury.
[01:14:08.280 --> 01:14:11.280]  I've got kind of a routine I go through.
[01:14:11.280 --> 01:14:13.280]  I can't get to them.
[01:14:13.280 --> 01:14:15.280]  I can't get them to keep anything.
[01:14:15.280 --> 01:14:16.280]  Okay, stop, stop.
[01:14:16.280 --> 01:14:19.280]  Let me explain.
[01:14:19.280 --> 01:14:23.280]  You've got to find a way to make this political.
[01:14:23.280 --> 01:14:26.280]  First thing you do is you make up a set of complaints.
[01:14:26.280 --> 01:14:28.280]  Put them in an envelope.
[01:14:28.280 --> 01:14:32.280]  You address the envelope to the foreman of the grand jury.
[01:14:32.280 --> 01:14:36.280]  And if you think the foreman's going to pull some crap over like sending it back to you,
[01:14:36.280 --> 01:14:40.280]  I file against the foreman of the grand jury if they refuse to hear my complaints.
[01:14:40.280 --> 01:14:43.280]  Well, the foreman of the grand jury did not sign the first indictment.
[01:14:43.280 --> 01:14:44.280]  I got certified copy of that.
[01:14:44.280 --> 01:14:45.280]  Okay, wait.
[01:14:45.280 --> 01:14:46.280]  Wait a minute.
[01:14:46.280 --> 01:14:48.280]  You keep jumping to all of these.
[01:14:48.280 --> 01:14:51.280]  Every time I say something, you go to another issue.
[01:14:51.280 --> 01:14:54.280]  We have to finish one.
[01:14:54.280 --> 01:14:56.280]  You want to know how to get to the grand jury?
[01:14:56.280 --> 01:14:57.280]  Yeah.
[01:14:57.280 --> 01:15:03.280]  You file a complaint, make a set of complaints, put it in an envelope, address it to the foreman of the grand jury,
[01:15:03.280 --> 01:15:07.280]  and generally the only address you have is the district attorney's office.
[01:15:07.280 --> 01:15:17.280]  Inside that folder, put a stamp self-address envelope and a letter to the foreman asking the foreman to sign this
[01:15:17.280 --> 01:15:22.280]  or initial this and send it back to you so that you'll know he actually received it
[01:15:22.280 --> 01:15:27.280]  because you have problems with prosecuting attorneys secreting criminal complaints from the grand jury,
[01:15:27.280 --> 01:15:31.280]  especially when it's against one of their buddies.
[01:15:31.280 --> 01:15:32.280]  Mail it.
[01:15:32.280 --> 01:15:34.280]  Mail it.
[01:15:34.280 --> 01:15:36.280]  Certified.
[01:15:36.280 --> 01:15:39.280]  Restricted.
[01:15:39.280 --> 01:15:44.280]  In that instance, only the foreman can sign for it.
[01:15:44.280 --> 01:15:52.280]  I guess when it gets delivered, you wait a week. If you don't get that letter back, you make up another one.
[01:15:52.280 --> 01:15:56.280]  Except in this one, you don't put your original complaints.
[01:15:56.280 --> 01:16:03.280]  You put complaints against the district attorney accusing him of secreting these complaints from the grand jury.
[01:16:03.280 --> 01:16:11.280]  You accuse the grand jury of intercepting mail to the grand jury and not giving it to him.
[01:16:11.280 --> 01:16:15.280]  We don't care if he actually did give it to him and the foreman didn't send the letter back.
[01:16:15.280 --> 01:16:18.280]  Too bad.
[01:16:18.280 --> 01:16:19.280]  Let him prove it.
[01:16:19.280 --> 01:16:22.280]  The key to this, though, is they have to be actual criminal complaints.
[01:16:22.280 --> 01:16:26.280]  Leave the admiralty crap at the docs.
[01:16:26.280 --> 01:16:31.280]  Absolutely. Don't mention anything about admiralty.
[01:16:31.280 --> 01:16:34.280]  All that'll do is get the judge to shut off.
[01:16:34.280 --> 01:16:36.280]  Ignore everything you say.
[01:16:36.280 --> 01:16:42.280]  It may not be right, it may not be how it should be, but that's how it is in the world we live in.
[01:16:42.280 --> 01:16:47.280]  Okay, we'll go back into this on that side. We need to move along because we're getting callers going.
[01:16:47.280 --> 01:16:53.280]  Yeah, we've got callers stacking up, and we already had to make the policy one caller per segment,
[01:16:53.280 --> 01:17:00.280]  so we're going to go to Gary when we get back on the other side. We'll be right back.
[01:17:00.280 --> 01:17:06.280]  Hello, Austin. My name is Harlan Deidre, owner of Brave New Books, a local independent bookstore here in town.
[01:17:06.280 --> 01:17:10.280]  Many of you are familiar with the bookstore and have attended some of our events.
[01:17:10.280 --> 01:17:14.280]  We've been proud to host speakers like Alex Jones, Ron Paul, Jim Mars, Katherine Albrecht,
[01:17:14.280 --> 01:17:19.280]  Wester Carpley, G. Edward Griffin, and many other heroic figures in the patriot movement.
[01:17:19.280 --> 01:17:21.280]  But now, Brave New Books needs your help.
[01:17:21.280 --> 01:17:26.280]  In order to continue to provide a space for these events and be an outlet for hard-to-find materials,
[01:17:26.280 --> 01:17:30.280]  we're going to need you, Austin, to help spread the word about the bookstore.
[01:17:30.280 --> 01:17:34.280]  Please tell your friends and family about the wide variety of materials we offer.
[01:17:34.280 --> 01:17:38.280]  We also have DVD duplication capabilities for all you activists.
[01:17:38.280 --> 01:17:42.280]  Also, if you haven't visited us yet, please come down and show your support.
[01:17:42.280 --> 01:17:47.280]  It is so easy to support the big corporate chain stores that do nothing to further our message.
[01:17:47.280 --> 01:17:50.280]  Remember, you vote with your dollars. We're counting on you, Austin.
[01:17:50.280 --> 01:17:57.280]  If you need any information, please call 512-480-2503 or visit us at 1904 Guadalupe Street.
[01:17:57.280 --> 01:18:21.280]  Thank you, everyone.
[01:18:57.280 --> 01:19:22.280]  Thank you.
[01:19:27.280 --> 01:19:33.280]  Okay, we're taking your calls. We've got Gary from Texas.
[01:19:33.280 --> 01:19:36.280]  Gary, thanks for calling in. What's on your mind tonight?
[01:19:36.280 --> 01:19:42.280]  Oh, I just had a little ammunition to add to Randy's information on this HUD-1 statement.
[01:19:42.280 --> 01:19:45.280]  If you'll look, are you there?
[01:19:45.280 --> 01:19:47.280]  Yeah, I'm here.
[01:19:47.280 --> 01:19:48.280]  Oh, yeah, we're here.
[01:19:48.280 --> 01:19:52.280]  Okay, on your HUD-1 statement under your appraisal fee,
[01:19:52.280 --> 01:19:58.280]  if you'll look in there and it says the appraisal fee is whatever number it is, $500,
[01:19:58.280 --> 01:20:06.280]  you'll find that many, most mortgage companies upcharge that, which is a hidden fee.
[01:20:06.280 --> 01:20:08.280]  The appraiser got $300.
[01:20:08.280 --> 01:20:16.280]  The mortgage company, to take off of your original amount of your note,
[01:20:16.280 --> 01:20:22.280]  there will be $200 or whatever that number is that they stuck in their pocket,
[01:20:22.280 --> 01:20:25.280]  and they didn't say that they stuck it in their pocket.
[01:20:25.280 --> 01:20:28.280]  That's exactly what we're going after.
[01:20:28.280 --> 01:20:35.280]  Well, I don't know of any appraiser out there that doesn't have a record of every appraisal that he did
[01:20:35.280 --> 01:20:39.280]  and how much money he was paid for that appraisal.
[01:20:39.280 --> 01:20:41.280]  Oh, good man.
[01:20:41.280 --> 01:20:45.280]  I don't know of anybody. I've got 20 years of them.
[01:20:45.280 --> 01:20:49.280]  Okay, you're the one I wanted to talk to about appraisals.
[01:20:49.280 --> 01:20:50.280]  Okay.
[01:20:50.280 --> 01:20:53.280]  I would like to talk to you off the air sometime.
[01:20:53.280 --> 01:20:56.280]  Give me a call anytime. I'd be glad to talk to you.
[01:20:56.280 --> 01:21:01.280]  I recently ran across a document that probably I'm not supposed to have,
[01:21:01.280 --> 01:21:10.280]  but I ran across a manual that the appraisal district, the chief appraiser, has to abide by,
[01:21:10.280 --> 01:21:18.280]  and it clearly states in that document that it is against the law for him, used on her,
[01:21:18.280 --> 01:21:21.280]  to appraise a piece of property.
[01:21:21.280 --> 01:21:22.280]  I'll read you what it says here.
[01:21:22.280 --> 01:21:29.280]  It says the law forbids appraising property for tax purposes at more than its market value.
[01:21:29.280 --> 01:21:32.280]  Now, what that says is, and an example of that,
[01:21:32.280 --> 01:21:37.280]  particularly in the case of the REOs or your foreclosure type properties,
[01:21:37.280 --> 01:21:45.280]  if it's on the tax rolls at $100,000 and they sold it in the open market at $80,000,
[01:21:45.280 --> 01:21:47.280]  he's subject to violating the law.
[01:21:47.280 --> 01:21:51.280]  And you have a probable cause.
[01:21:51.280 --> 01:21:58.280]  This manual that I'm probably not supposed to have, but I have it, of what they have to do.
[01:21:58.280 --> 01:22:00.280]  I have the photocopier.
[01:22:00.280 --> 01:22:04.280]  I'll be glad to get it. It's many pages long.
[01:22:04.280 --> 01:22:09.280]  And I've been just kind of researching that because many people,
[01:22:09.280 --> 01:22:12.280]  because you go back to your HUD-1 statement,
[01:22:12.280 --> 01:22:18.280]  they were charged so many dollars a month or whatever it was for the taxes in that particular area.
[01:22:18.280 --> 01:22:29.280]  And if that property sold for $100,000 and it's on the tax rolls at $125,000, guess what?
[01:22:29.280 --> 01:22:34.280]  They were charged them in the HUD-1 statement
[01:22:34.280 --> 01:22:40.280]  just because the market has already proven that it's only worth $100,000.
[01:22:40.280 --> 01:22:43.280]  So we can go back after the appraisal district?
[01:22:43.280 --> 01:22:44.280]  Absolutely.
[01:22:44.280 --> 01:22:48.280]  Oh, that is rich.
[01:22:48.280 --> 01:22:50.280]  Absolutely.
[01:22:50.280 --> 01:22:57.280]  And if further it goes to state that the appraisal district uses what they call math appraisals,
[01:22:57.280 --> 01:23:00.280]  where they just apply formulas to whatever.
[01:23:00.280 --> 01:23:03.280]  But there's a provision in there that says,
[01:23:03.280 --> 01:23:11.280]  however, each property shall be appraised based upon the individual characteristics that affect that property market value.
[01:23:11.280 --> 01:23:19.280]  In other words, every house stands on its own, even though they're applying a math deal or they violate the law.
[01:23:19.280 --> 01:23:24.280]  Oh, wonderful. I definitely want to talk to you.
[01:23:24.280 --> 01:23:26.280]  I just thought I'd throw that out there.
[01:23:26.280 --> 01:23:31.280]  I know you always need some ammunition, and it's there in writing.
[01:23:31.280 --> 01:23:38.280]  Yeah, the more claims we can get, the more likely the lender is not going to want to come to court.
[01:23:38.280 --> 01:23:41.280]  Absolutely. Absolutely. Absolutely.
[01:23:41.280 --> 01:23:51.280]  And these lenders, and not all lenders are like that, but the larger lenders, they hide fees everywhere.
[01:23:51.280 --> 01:23:56.280]  The only one that's probably not hidden is the survey fee.
[01:23:56.280 --> 01:24:01.280]  Usually if they charge you $400 for a survey, that's straight through.
[01:24:01.280 --> 01:24:06.280]  But all these other fees, carrier fees and all these stuff, you know, you get a carrier fee,
[01:24:06.280 --> 01:24:09.280]  the guy charges you $15 to take you from here to there.
[01:24:09.280 --> 01:24:16.280]  Well, they had to pick it up from one box and move it to the other box, so they'll add another $15 to it.
[01:24:16.280 --> 01:24:19.280]  And then they put it under carrier fee.
[01:24:19.280 --> 01:24:23.280]  Yeah, I was certain that all of these fees get a markup.
[01:24:23.280 --> 01:24:25.280]  Oh, absolutely.
[01:24:25.280 --> 01:24:27.280]  It's just too easy.
[01:24:27.280 --> 01:24:31.280]  And then they send this documentation to a title company,
[01:24:31.280 --> 01:24:36.280]  and the title company takes the bill, so to speak, face value,
[01:24:36.280 --> 01:24:45.280]  which they would show that the appraisal was $500, and it really wasn't.
[01:24:45.280 --> 01:24:48.280]  Okay, what duty does the trustee?
[01:24:48.280 --> 01:24:56.280]  I take it he's a trustee in that he's in a position of trust for both parties.
[01:24:56.280 --> 01:25:01.280]  Yes, yes, a title company trustee would be of both parties.
[01:25:01.280 --> 01:25:07.280]  However, when you present them with a document, which you just warranty,
[01:25:07.280 --> 01:25:13.280]  basically by signing these documents, that they're true and correct.
[01:25:13.280 --> 01:25:21.280]  And they have a little caveat, or whatever you'd like to call it, that they call it a desk fee.
[01:25:21.280 --> 01:25:26.280]  It's set on my desk for 30 minutes, so it's worth $200.
[01:25:26.280 --> 01:25:30.280]  And here's the appraisal charge.
[01:25:30.280 --> 01:25:39.280]  And you'll find that in just about every HUD statement you'll ever read.
[01:25:39.280 --> 01:25:46.280]  I just thought I'd throw that out there for you and let you know that it's going to be way above that $35 you're talking about.
[01:25:46.280 --> 01:25:49.280]  Yeah, I had no doubt about that.
[01:25:49.280 --> 01:25:53.280]  That's why we're structuring it the way we are.
[01:25:53.280 --> 01:25:55.280]  You've got to handle on what you're doing.
[01:25:55.280 --> 01:25:56.280]  There's no question about it.
[01:25:56.280 --> 01:25:59.280]  I've been doing this for years and years and years, and you do have a handle on it.
[01:25:59.280 --> 01:26:00.280]  And it's good.
[01:26:00.280 --> 01:26:10.280]  And Drilla, there are a lot of laws that are being overlooked, and a lot of people, and particularly in these REOs,
[01:26:10.280 --> 01:26:14.280]  where they took these homes from people for whatever reason.
[01:26:14.280 --> 01:26:21.280]  They didn't make their payments or whatever, and maybe they really didn't owe it, because how long has that note been out there?
[01:26:21.280 --> 01:26:34.280]  And you look at it, and when that property sells at a lower value than that assessed value,
[01:26:34.280 --> 01:26:42.280]  that in itself is telling you that the property was overvalued.
[01:26:42.280 --> 01:26:44.280]  So I mean, the market is the market.
[01:26:44.280 --> 01:26:50.280]  Yeah, and the best part is that's not something that we're just pulling out of the air.
[01:26:50.280 --> 01:26:52.280]  It's here. It's in writing. There it is.
[01:26:52.280 --> 01:26:54.280]  That's hard evidence.
[01:26:54.280 --> 01:26:56.280]  There it is.
[01:26:56.280 --> 01:26:57.280]  There it is.
[01:26:57.280 --> 01:27:09.280]  If you've got me on the REOs at 135, and I lost my house, and you sold my house, and it got 80, where did the other $50,000 go?
[01:27:09.280 --> 01:27:11.280]  Yeah, and we need all that money back.
[01:27:11.280 --> 01:27:13.280]  Absolutely.
[01:27:13.280 --> 01:27:24.280]  You spoke once before about how the appraisals work, how there was a company that provided appraisals for the loan companies.
[01:27:24.280 --> 01:27:32.280]  Yeah, they came up with a new ruling, and they try to make it seem like it's law, and it's not law.
[01:27:32.280 --> 01:27:43.280]  It's just that Fannie Mae and Freddie Mac and the many others that are out there have made this ruling, which they are not government people,
[01:27:43.280 --> 01:27:51.280]  and they really don't have any law to put out there, but they've made a ruling that the mortgage company,
[01:27:51.280 --> 01:27:56.280]  the little mom-and-pop mortgage companies around here can't call the appraiser directly.
[01:27:56.280 --> 01:28:05.280]  They have to call somebody in New York or wherever this individual company may be, which is probably owned by a much larger mortgage company
[01:28:05.280 --> 01:28:16.280]  that upcharges, and then it comes back, and they pay the appraiser $200 for his appraisal and charge $500,
[01:28:16.280 --> 01:28:23.280]  which in essence has taken the really good appraisers kind of out of the equation because people like me,
[01:28:23.280 --> 01:28:29.280]  you know, how I go fishing again, or whatever I have to do, I'm not going to play that ballgame.
[01:28:29.280 --> 01:28:30.280]  What do they call this?
[01:28:30.280 --> 01:28:32.280]  I've got a few notes that I might let you just look over.
[01:28:32.280 --> 01:28:33.280]  Yes.
[01:28:33.280 --> 01:28:43.280]  As long as, and I say notes, I've held a lot of mortgages and still hold a lot of mortgages that we might need to look over.
[01:28:43.280 --> 01:28:44.280]  Well, I can do that.
[01:28:44.280 --> 01:28:48.280]  I know you can.
[01:28:48.280 --> 01:28:51.280]  I'm figuring out how to get their attention.
[01:28:51.280 --> 01:28:53.280]  Good. That's good. I'm ready to play.
[01:28:53.280 --> 01:28:56.280]  Good. Good. I will get in contact with you.
[01:28:56.280 --> 01:29:02.280]  Okay, man. You guys have got a great program. I love it, and I'll get off the air and listen the rest of the evening.
[01:29:02.280 --> 01:29:03.280]  Thank you.
[01:29:03.280 --> 01:29:05.280]  Thank you. Bye-bye.
[01:29:05.280 --> 01:29:12.280]  That was, I'm glad he called back because I had wrote his number down, and then somehow I got misplaced,
[01:29:12.280 --> 01:29:16.280]  and it was in my notes every time I come to appraisal in the lawsuit, I think.
[01:29:16.280 --> 01:29:20.280]  I've got to get a hold of him and get a good argument in there.
[01:29:20.280 --> 01:29:26.280]  And this will give a great one. The more arguments we can get, the better.
[01:29:26.280 --> 01:29:31.280]  Okay. We're going to have a break coming up here shortly, and we still have Jim from Texas.
[01:29:31.280 --> 01:29:33.280]  Oh, we had Gary. Where did Gary go?
[01:29:33.280 --> 01:29:35.280]  We just talked to Gary.
[01:29:35.280 --> 01:29:37.280]  Oh, I was talking to Jim.
[01:29:37.280 --> 01:29:43.280]  No, we were talking to Gary. Jim is next, and after that, the call lines are open.
[01:29:43.280 --> 01:29:49.280]  So, folks, if you'd like to call in, 512-646-1984.
[01:29:49.280 --> 01:29:52.280]  I need another nickel in my beer fund. I'm not a beer.
[01:29:52.280 --> 01:29:57.280]  I think you're lightweight, Randy. I think you've had too many nickels and too many beers.
[01:29:57.280 --> 01:30:20.280]  We'll be right back.
[01:30:27.280 --> 01:30:30.280]  How to get debt collectors out of your credit report.
[01:30:30.280 --> 01:30:34.280]  How to turn the financial tables on them and make them pay you to go away.
[01:30:34.280 --> 01:30:39.280]  The Michael Mears proven method is the solution for how to stop debt collectors.
[01:30:39.280 --> 01:30:42.280]  Personal consultation is available as well.
[01:30:42.280 --> 01:30:45.280]  For more information, please visit ruleoflawradio.com
[01:30:45.280 --> 01:30:50.280]  and click on the blue Michael Mears banner or email michaelmears at yahoo.com.
[01:30:50.280 --> 01:30:58.280]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[01:30:58.280 --> 01:31:27.280]  to learn how to stop debt collectors now.
[01:31:27.280 --> 01:31:32.280]  The wicked come with temptation.
[01:31:32.280 --> 01:31:37.280]  They're trying to buy the whole place.
[01:31:37.280 --> 01:31:43.280]  They want to force new nations.
[01:31:43.280 --> 01:31:48.280]  Because they've fallen from grace.
[01:31:48.280 --> 01:31:54.280]  I will not drink from that cup.
[01:31:54.280 --> 01:31:58.280]  Okay, we're taking your calls here on the rule of law.
[01:31:58.280 --> 01:32:02.280]  512-646-1984.
[01:32:02.280 --> 01:32:04.280]  We've got Jim and Diana on the line.
[01:32:04.280 --> 01:32:05.280]  We're going to Jim in Texas.
[01:32:05.280 --> 01:32:06.280]  Jim, thanks for calling in.
[01:32:06.280 --> 01:32:08.280]  What's on your mind?
[01:32:08.280 --> 01:32:10.280]  Good evening, Deborah, Randy and Eddie.
[01:32:10.280 --> 01:32:12.280]  I hope you're all well this evening.
[01:32:12.280 --> 01:32:13.280]  Yes.
[01:32:13.280 --> 01:32:14.280]  Good.
[01:32:14.280 --> 01:32:15.280]  So far so good.
[01:32:15.280 --> 01:32:16.280]  I am doing wonderful.
[01:32:16.280 --> 01:32:19.280]  I've had half a beer and I don't even know what I'm doing.
[01:32:19.280 --> 01:32:20.280]  Oh, my gosh.
[01:32:20.280 --> 01:32:22.280]  You can't do much better than that.
[01:32:22.280 --> 01:32:25.280]  Listen, I talked to you a little earlier and you said to go ahead and call in with this question,
[01:32:25.280 --> 01:32:27.280]  so I figured I would.
[01:32:27.280 --> 01:32:33.280]  It has to do with an incident my daughter was involved in at Austin High School,
[01:32:33.280 --> 01:32:41.280]  and I want to make sure that everyone understands in no way am I trying to have any consternation
[01:32:41.280 --> 01:32:42.280]  towards the teachers there.
[01:32:42.280 --> 01:32:43.280]  It's a good school.
[01:32:43.280 --> 01:32:45.280]  I think you've got wonderful teachers.
[01:32:45.280 --> 01:32:51.280]  And I'm also in no way condoning fighting in the school because I think it's the ultimate failure of communication.
[01:32:51.280 --> 01:32:55.280]  It's always the poorest choice to take up arms against someone else.
[01:32:55.280 --> 01:32:58.280]  But, I mean, obviously if you're attacked, you have to defend yourself.
[01:32:58.280 --> 01:33:01.280]  Anyway, there was a fight at the school a couple of weeks ago,
[01:33:01.280 --> 01:33:05.280]  and my daughter mentioned that a friend of hers was in this fight.
[01:33:05.280 --> 01:33:09.280]  And, of course, my first question, and my daughter is 15, and, of course, my first question is, you know,
[01:33:09.280 --> 01:33:12.280]  hopefully this girl did not have our last name.
[01:33:12.280 --> 01:33:13.280]  Is that correct?
[01:33:13.280 --> 01:33:15.280]  And she said no, she wasn't involved in it.
[01:33:15.280 --> 01:33:19.280]  One of the girls was, I think, seriously injured.
[01:33:19.280 --> 01:33:20.280]  I mean, I think she got a concussion.
[01:33:20.280 --> 01:33:22.280]  It was very bad.
[01:33:22.280 --> 01:33:30.280]  But the girl who was injured seemed to feel as if my daughter had been involved in the fight.
[01:33:30.280 --> 01:33:38.280]  And then about a week after that, I got a call from a police officer who said he had arrested my daughter for this crime
[01:33:38.280 --> 01:33:42.280]  and taken her down to juvie, and I should come meet them down there.
[01:33:42.280 --> 01:33:48.280]  He was not there, but my daughter was there and, you know, manacled and the whole deal, handcuffed.
[01:33:48.280 --> 01:33:57.280]  And the interesting thing about this is they set up a hearing, but they really didn't seem to have any evidence.
[01:33:57.280 --> 01:34:03.280]  So I went in and I talked to the people in charge and the police and himself the next day,
[01:34:03.280 --> 01:34:05.280]  and I said, well, let me see the tape.
[01:34:05.280 --> 01:34:06.280]  Do you have the tape of this?
[01:34:06.280 --> 01:34:07.280]  Do you have something that shows?
[01:34:07.280 --> 01:34:09.280]  Because she claims she never did it.
[01:34:09.280 --> 01:34:15.280]  And I also interviewed 10 of the students there who were around this whole fight outside the lunchroom
[01:34:15.280 --> 01:34:18.280]  and was at lunchtime as well, so there were a lot of children who saw this.
[01:34:18.280 --> 01:34:23.280]  And I couldn't find anyone that said she was involved in the fight, except for the police officer who wasn't there.
[01:34:23.280 --> 01:34:25.280]  No teachers witnessed this.
[01:34:25.280 --> 01:34:28.280]  So I said, well, let's establish some evidence.
[01:34:28.280 --> 01:34:29.280]  What's your evidence?
[01:34:29.280 --> 01:34:30.280]  He said, well, the girl said she did it.
[01:34:30.280 --> 01:34:34.280]  I said, well, a lot of other people said she didn't do it, and she claimed she didn't do it.
[01:34:34.280 --> 01:34:40.280]  And they said, well, we're going to have an ARD hearing in about, I guess it was five days from then.
[01:34:40.280 --> 01:34:42.280]  And I don't know what the ARD is.
[01:34:42.280 --> 01:34:44.280]  The R stands for removal.
[01:34:44.280 --> 01:34:47.280]  They get a bunch of the teachers together and some of the bigwigs of the school,
[01:34:47.280 --> 01:34:54.280]  and they basically read a bunch of legal mumbo jumbo, and they, you know, decree her guilty.
[01:34:54.280 --> 01:34:56.280]  That was the final straw.
[01:34:56.280 --> 01:34:59.280]  So I said, you know, Chris, I asked them, what is your evidence?
[01:34:59.280 --> 01:35:05.280]  And they said, and I quote, we have reasonable doubt in her story.
[01:35:05.280 --> 01:35:07.280]  And I said, well, that's interesting.
[01:35:07.280 --> 01:35:12.280]  In my knowledge, that's not how the law works, but apparently in the school system, that is how.
[01:35:12.280 --> 01:35:16.280]  Who called the Juby police in the first place to pick up your daughter?
[01:35:16.280 --> 01:35:22.280]  Apparently all of these schools have what they call AISD police in them.
[01:35:22.280 --> 01:35:26.280]  And so he was the one who first handcuffed her.
[01:35:26.280 --> 01:35:27.280]  Well, wait a minute.
[01:35:27.280 --> 01:35:32.280]  No, hold on, hold on, because this happened like the next day or several days after the fight?
[01:35:32.280 --> 01:35:33.280]  Oh, a week after the fight.
[01:35:33.280 --> 01:35:34.280]  Okay, a week after the fight.
[01:35:34.280 --> 01:35:41.280]  So what I'm trying to determine is somebody had to have gone to this police to tell them about your daughter
[01:35:41.280 --> 01:35:43.280]  and to have them pick her up.
[01:35:43.280 --> 01:35:44.280]  I'm wondering who that is.
[01:35:44.280 --> 01:35:47.280]  Wait, wait, there's something much more important that had to be there.
[01:35:47.280 --> 01:35:49.280]  Okay, well, I do want that question answered.
[01:35:49.280 --> 01:35:52.280]  Something much bigger has to be there.
[01:35:52.280 --> 01:35:55.280]  Ask the question.
[01:35:55.280 --> 01:35:56.280]  Okay.
[01:35:56.280 --> 01:35:58.280]  Did he have a warrant in his hand?
[01:35:58.280 --> 01:35:59.280]  No, of course not.
[01:35:59.280 --> 01:36:01.280]  Did he read her Miranda rights?
[01:36:01.280 --> 01:36:02.280]  No, no, no.
[01:36:02.280 --> 01:36:06.280]  Miranda doesn't matter if he doesn't question her and use her testimony.
[01:36:06.280 --> 01:36:15.280]  He can't arrest her without a warrant and to go to Debra's question, someone would have had to swear out the complaint.
[01:36:15.280 --> 01:36:17.280]  That's why I was asking that question.
[01:36:17.280 --> 01:36:23.280]  Well, but there's still, yeah, even if they swore out the complaint, he would still have to have the warrant.
[01:36:23.280 --> 01:36:26.280]  Yeah, he would have to have the warrant, the complaint to get the warrant.
[01:36:26.280 --> 01:36:28.280]  That's why I was asking the question.
[01:36:28.280 --> 01:36:32.280]  It wasn't, my question wasn't just a side issue, guys.
[01:36:32.280 --> 01:36:36.280]  I understand your question.
[01:36:36.280 --> 01:36:44.280]  The police officer's statement said that the statement he got from the injured girl was that she thought that it was Jamie who had kicked her in the head.
[01:36:44.280 --> 01:36:51.280]  Now, another girl had beaten the heck out of her with her fist in her head and face, but I guess that was the girl with whom she was fighting.
[01:36:51.280 --> 01:36:55.280]  But she seemed to feel that my daughter had come in and kicked her.
[01:36:55.280 --> 01:37:02.280]  And he said that, so I have the person who was injured saying that she.
[01:37:02.280 --> 01:37:08.280]  Wait, wait, we're not talking, we're not talking about the merits of the case here.
[01:37:08.280 --> 01:37:10.280]  That officer can't.
[01:37:10.280 --> 01:37:13.280]  He has no credible witnesses.
[01:37:13.280 --> 01:37:15.280]  No, no, no, you're missing it.
[01:37:15.280 --> 01:37:16.280]  I'm sorry.
[01:37:16.280 --> 01:37:18.280]  He had no authority to make the arrest.
[01:37:18.280 --> 01:37:19.280]  Oh, yeah.
[01:37:19.280 --> 01:37:22.280]  Because nobody swore out a complaint.
[01:37:22.280 --> 01:37:24.280]  You know, there's no warrant.
[01:37:24.280 --> 01:37:25.280]  Nobody swore out a complaint.
[01:37:25.280 --> 01:37:28.280]  There has to be a warrant for a misdemeanor.
[01:37:28.280 --> 01:37:33.280]  And especially since it's a past, it's one that didn't occur in his presence.
[01:37:33.280 --> 01:37:36.280]  He has to have a warrant.
[01:37:36.280 --> 01:37:37.280]  I'm saying.
[01:37:37.280 --> 01:37:41.280]  Yeah, if there's no warrant, you need to go right for that officer's throat.
[01:37:41.280 --> 01:37:43.280]  Make the school with him.
[01:37:43.280 --> 01:37:46.280]  Yeah, whoever touched this tar baby stuck to it.
[01:37:46.280 --> 01:37:51.280]  Well, this is going to be quite a snowball that people have touched this.
[01:37:51.280 --> 01:37:55.280]  Everybody, you should get everybody a tort letter personally.
[01:37:55.280 --> 01:37:59.280]  See, there's no way he could have had a warrant without a complaint being sworn out,
[01:37:59.280 --> 01:38:00.280]  without somebody going to him.
[01:38:00.280 --> 01:38:03.280]  That's the whole point of why I was bringing that up.
[01:38:03.280 --> 01:38:04.280]  Yeah, and that's true.
[01:38:04.280 --> 01:38:13.280]  He went to them and got the statement from the girl and a statement from one other girl who said she believed she saw someone kick the girl,
[01:38:13.280 --> 01:38:15.280]  but she didn't know who it was.
[01:38:15.280 --> 01:38:18.280]  Now, mind you, there is a tape.
[01:38:18.280 --> 01:38:19.280]  They won't let me see it.
[01:38:19.280 --> 01:38:21.280]  But there's apparently a tape of the fight.
[01:38:21.280 --> 01:38:28.280]  And my daughter is in the frame sometimes during the fight, but the fight is not in the frame.
[01:38:28.280 --> 01:38:34.280]  And, of course, my point was if she's in the frame and the fight is out of the frame, how is she in the frame?
[01:38:34.280 --> 01:38:38.280]  They said, well, she went out of the frame of the camera a couple times.
[01:38:38.280 --> 01:38:39.280]  It seems a little weak to me.
[01:38:39.280 --> 01:38:44.280]  They haven't got to the primary requirement.
[01:38:44.280 --> 01:38:47.280]  It doesn't matter what this policeman came up with.
[01:38:47.280 --> 01:38:53.280]  He had to take that to a magistrate and get a warrant issued.
[01:38:53.280 --> 01:39:01.280]  And if there's a warrant issued, what's this administrative nonsense that the school is trying to do?
[01:39:01.280 --> 01:39:09.280]  I mean, had he gone to a magistrate and had the warrant been served, wouldn't I have had to have been shown that?
[01:39:09.280 --> 01:39:14.280]  Okay, here's 15.16, total criminal procedure.
[01:39:14.280 --> 01:39:15.280]  Yes, sir.
[01:39:15.280 --> 01:39:23.280]  The magistrate who issued the warrant must immediately make the warrant available for public inspection after it's executed.
[01:39:23.280 --> 01:39:24.280]  Interesting, okay.
[01:39:24.280 --> 01:39:28.280]  So immediately after she's arrested, he has to make it available for public inspection.
[01:39:28.280 --> 01:39:31.280]  So you want to know who that magistrate is.
[01:39:31.280 --> 01:39:32.280]  Okay.
[01:39:32.280 --> 01:39:34.280]  You want to see the warrant.
[01:39:34.280 --> 01:39:39.280]  You want to see any statements of probable cause in support of the warrant.
[01:39:39.280 --> 01:39:43.280]  And you especially want to look at the date on that warrant.
[01:39:43.280 --> 01:39:44.280]  Yes.
[01:39:44.280 --> 01:39:46.280]  Look real close at it.
[01:39:46.280 --> 01:39:49.280]  Now, when he arrested her, where did he take her?
[01:39:49.280 --> 01:39:53.280]  He took her to the juvenile detention center.
[01:39:53.280 --> 01:39:57.280]  Okay, he didn't take her to the magistrate who issued the warrant.
[01:39:57.280 --> 01:39:58.280]  Not that I know.
[01:39:58.280 --> 01:40:02.280]  When I got there, she was locked up.
[01:40:02.280 --> 01:40:06.280]  You have a lot of charges to make against them.
[01:40:06.280 --> 01:40:09.280]  Forget that it has to do with school.
[01:40:09.280 --> 01:40:12.280]  School makes no difference.
[01:40:12.280 --> 01:40:14.280]  Go to code of current procedure.
[01:40:14.280 --> 01:40:17.280]  You might go to my jurisprudence website.
[01:40:17.280 --> 01:40:18.280]  All right.
[01:40:18.280 --> 01:40:26.280]  And top frog on the left behind it is a treatment of due process.
[01:40:26.280 --> 01:40:28.280]  This is what they were supposed to do.
[01:40:28.280 --> 01:40:30.280]  Now, this assumes an arrest without a warrant.
[01:40:30.280 --> 01:40:37.280]  In this case, there would have had to have been a warrant.
[01:40:37.280 --> 01:40:40.280]  So that part won't be in there.
[01:40:40.280 --> 01:40:43.280]  But I can fill in those spaces.
[01:40:43.280 --> 01:40:45.280]  So you go and read that through.
[01:40:45.280 --> 01:40:49.280]  That's the steps they were supposed to take.
[01:40:49.280 --> 01:40:51.280]  If there's no warrant,
[01:40:51.280 --> 01:40:55.280]  then you make up criminal charges against everybody involved.
[01:40:55.280 --> 01:40:58.280]  And then you prepare a tort letter.
[01:40:58.280 --> 01:41:00.280]  Those are the most fun.
[01:41:00.280 --> 01:41:02.280]  Oh, yeah.
[01:41:02.280 --> 01:41:05.280]  Because then they realize they've stuck to the tar baby.
[01:41:05.280 --> 01:41:08.280]  No warrant means no subject matter jurisdiction.
[01:41:08.280 --> 01:41:14.280]  Subject matter jurisdiction means no immunity of any kind.
[01:41:14.280 --> 01:41:17.280]  Did the officer walk her to wherever he took her?
[01:41:17.280 --> 01:41:19.280]  Did he put her in an automobile?
[01:41:19.280 --> 01:41:25.280]  He walked her to the AISD police officer,
[01:41:25.280 --> 01:41:31.280]  walked her to an Austin police car and officer.
[01:41:31.280 --> 01:41:35.280]  And that officer took her to the juvie.
[01:41:35.280 --> 01:41:36.280]  Oh, good.
[01:41:36.280 --> 01:41:37.280]  That's two.
[01:41:37.280 --> 01:41:42.280]  Austin used a motorized piece of city-owned equipment.
[01:41:42.280 --> 01:41:43.280]  To kidnap my daughter.
[01:41:43.280 --> 01:41:44.280]  To kidnap your daughter.
[01:41:44.280 --> 01:41:49.280]  In that case, the city of Austin waives any immunity.
[01:41:49.280 --> 01:41:50.280]  Very good.
[01:41:50.280 --> 01:41:52.280]  I'm writing as I'm talking.
[01:41:52.280 --> 01:41:53.280]  I'm not ignoring you.
[01:41:53.280 --> 01:41:56.280]  That's under civil practice and remedies.
[01:41:56.280 --> 01:41:59.280]  I think it's 121.
[01:41:59.280 --> 01:42:00.280]  Okay.
[01:42:00.280 --> 01:42:07.280]  You look under there, under suing government, under government immunity.
[01:42:07.280 --> 01:42:14.280]  That's one of the times that the governmental units waive their sovereign immunity.
[01:42:14.280 --> 01:42:15.280]  Interesting.
[01:42:15.280 --> 01:42:16.280]  All right.
[01:42:16.280 --> 01:42:18.280]  If one of their people are operating a backhoe
[01:42:18.280 --> 01:42:21.280]  and put the stinger through your car window.
[01:42:21.280 --> 01:42:24.280]  If a dump truck, city-owned dump truck runs a stop line
[01:42:24.280 --> 01:42:28.280]  and bashes into your car, they have no immunity for that.
[01:42:28.280 --> 01:42:34.280]  If a city employee, while operating a motorized piece of equipment,
[01:42:34.280 --> 01:42:37.280]  creates a tort, no immunity.
[01:42:37.280 --> 01:42:40.280]  Well, what's interesting is, and this is frightening me
[01:42:40.280 --> 01:42:43.280]  because there's over 2,400 students there.
[01:42:43.280 --> 01:42:48.280]  I really think from the way they were responding to my question,
[01:42:48.280 --> 01:42:50.280]  I'm under the impression that there's never been a parent
[01:42:50.280 --> 01:42:54.280]  that's gone in and done this before that's even questioned what they do.
[01:42:54.280 --> 01:42:55.280]  It is rare.
[01:42:55.280 --> 01:42:58.280]  I couldn't find any validity in anything they were saying,
[01:42:58.280 --> 01:43:03.280]  and they looked at me sideways when I would ask them questions.
[01:43:03.280 --> 01:43:05.280]  We've never had anybody ask that question before.
[01:43:05.280 --> 01:43:08.280]  How do you expect us to be able to answer?
[01:43:08.280 --> 01:43:11.280]  My kids hated it when I came to school.
[01:43:11.280 --> 01:43:13.280]  I bet.
[01:43:13.280 --> 01:43:15.280]  It tended to get ugly.
[01:43:15.280 --> 01:43:16.280]  Yes.
[01:43:16.280 --> 01:43:18.280]  I once called the sheriff and asked him to come out
[01:43:18.280 --> 01:43:21.280]  and arrest the whole school board.
[01:43:21.280 --> 01:43:22.280]  Did he?
[01:43:22.280 --> 01:43:25.280]  No, he told me I need to call the chief of police,
[01:43:25.280 --> 01:43:27.280]  and I told him when I saw him the next day
[01:43:27.280 --> 01:43:30.280]  that I wanted him to come to the next school board meeting.
[01:43:30.280 --> 01:43:32.280]  And when I told him why, because he'd be there and see it
[01:43:32.280 --> 01:43:35.280]  and hear it himself, that I wanted him to arrest the school board,
[01:43:35.280 --> 01:43:38.280]  he said, Randy, I'll shoot you myself.
[01:43:38.280 --> 01:43:41.280]  That's heavy.
[01:43:41.280 --> 01:43:46.280]  Okay, this is Randy Kelton, Debra Stevens, Eddie Craig.
[01:43:46.280 --> 01:43:47.280]  We're about to go to break.
[01:43:47.280 --> 01:43:50.280]  We'll be back on the other side with Dana from Texas.
[01:43:50.280 --> 01:43:52.280]  It's Diana.
[01:43:52.280 --> 01:43:54.280]  I was going to say that.
[01:43:54.280 --> 01:43:56.280]  Okay, we'll be right back.
[01:43:56.280 --> 01:44:00.280]  Callers 512-646-1984.
[01:44:00.280 --> 01:44:11.280]  Aerial spray, chemtrails, the modified atmosphere,
[01:44:11.280 --> 01:44:16.280]  heavy metals and pesticides, carcinogens and chemical fibers
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[01:45:18.280 --> 01:45:47.280]  Okay, we are going now to Diana in Texas
[01:45:47.280 --> 01:45:50.280]  after that the call boards are open.
[01:45:50.280 --> 01:45:57.280]  So folks, if you'd like to call in, 512-646-1984.
[01:45:57.280 --> 01:45:58.280]  Diana, thanks for calling in.
[01:45:58.280 --> 01:46:00.280]  What's on your mind tonight?
[01:46:00.280 --> 01:46:01.280]  Hi.
[01:46:01.280 --> 01:46:03.280]  Yes, I'd like to ask you a question.
[01:46:03.280 --> 01:46:08.280]  But first of all, do you have a website?
[01:46:08.280 --> 01:46:12.280]  Because I'm new to your call and I came in kind of late.
[01:46:12.280 --> 01:46:16.280]  And I'm just wondering if you have a website that callers go to?
[01:46:16.280 --> 01:46:19.280]  Well, actually this is a radio show, not a call.
[01:46:19.280 --> 01:46:20.280]  It's not a conference call.
[01:46:20.280 --> 01:46:26.280]  This is a radio show and we're streaming live on ruleoflawradio.com.
[01:46:26.280 --> 01:46:27.280]  That's where you can listen to the stream.
[01:46:27.280 --> 01:46:32.280]  And we actually encourage people to listen to the stream.
[01:46:32.280 --> 01:46:37.280]  For people who don't have Internet connection and who do not live in a city,
[01:46:37.280 --> 01:46:42.280]  we are being rebroadcast on about 20 AM and FM stations across the country right now.
[01:46:42.280 --> 01:46:49.280]  And for folks who don't live in a city where you can actually pick up this radio show on an AM or FM station,
[01:46:49.280 --> 01:46:56.280]  if you also happen to not have Internet either, you can listen on the listener line if you just want to listen.
[01:46:56.280 --> 01:47:01.280]  And that's 512-485-9010.
[01:47:01.280 --> 01:47:09.280]  And this number, 512-646-1984, is the caller line for people who want to call and talk on the air.
[01:47:09.280 --> 01:47:10.280]  All right.
[01:47:10.280 --> 01:47:11.280]  Okay.
[01:47:11.280 --> 01:47:14.280]  So do you have a question or comment for us, Diana?
[01:47:14.280 --> 01:47:16.280]  Yes, I do have a question.
[01:47:16.280 --> 01:47:26.280]  I'm just wondering, I caught the last part of what we're talking about, starting around like the UCC 3.501.
[01:47:26.280 --> 01:47:29.280]  What I'll do is give you a brief history.
[01:47:29.280 --> 01:47:37.280]  But this is a third-party debt collector and it concerns a school loan that was through a credit card company.
[01:47:37.280 --> 01:47:45.280]  And back in 1997, I myself went bankrupt in 2004.
[01:47:45.280 --> 01:47:52.280]  And then this third-party debt collector started garnishing my wages in 2008.
[01:47:52.280 --> 01:47:54.280]  I'm not the student.
[01:47:54.280 --> 01:47:56.280]  It was my child.
[01:47:56.280 --> 01:48:01.280]  They started garnishing my wages up until 2009 when I lost my job.
[01:48:01.280 --> 01:48:07.280]  Okay, so I sent this third-party debt collector.
[01:48:07.280 --> 01:48:10.280]  I returned all their documents any time they sent me anything.
[01:48:10.280 --> 01:48:15.280]  And I write on there that they are creating a debt.
[01:48:15.280 --> 01:48:18.280]  Therefore, they are liable.
[01:48:18.280 --> 01:48:25.280]  I have no contract with you and refuse to contract, stop harassing me, cease and desist.
[01:48:25.280 --> 01:48:27.280]  And you have been reported to the attorney general.
[01:48:27.280 --> 01:48:32.280]  And they are not bonded in the state of Texas.
[01:48:32.280 --> 01:48:38.280]  And I did report them to the attorney general's office, but that was back in January.
[01:48:38.280 --> 01:48:45.280]  And I followed up with a recent letter to them that I haven't heard anything yet
[01:48:45.280 --> 01:48:54.280]  because what this third-party debt collector has done has sent me two different loan numbers now.
[01:48:54.280 --> 01:48:59.280]  So the amount, rental amount, was like $20,000.
[01:48:59.280 --> 01:49:05.280]  They have gone up to $47,000 on each loan.
[01:49:05.280 --> 01:49:09.280]  Even though it's the same loan, they've created two different loan numbers.
[01:49:09.280 --> 01:49:15.280]  So I sent all that into the attorney general's office.
[01:49:15.280 --> 01:49:24.280]  And then they also have recently sent me a letter that has to do with identity theft,
[01:49:24.280 --> 01:49:32.280]  that they regret to inform me that a recent data theft from their facility happened.
[01:49:32.280 --> 01:49:41.280]  So I've emphasized to the attorney general's office that they are not bonded to do business in the state of Texas.
[01:49:41.280 --> 01:49:50.280]  Okay, we have someone that's on the show on occasion, Mike Miras.
[01:49:50.280 --> 01:49:55.280]  And he is the right guy for this particular issue.
[01:49:55.280 --> 01:50:02.280]  He also has a package that he makes available that you can find on our Web site.
[01:50:02.280 --> 01:50:03.280]  Okay.
[01:50:03.280 --> 01:50:06.280]  Deb, will you explain how to find that one?
[01:50:06.280 --> 01:50:11.280]  Yeah, on the home page of the Web site, you'll scroll down a little ways.
[01:50:11.280 --> 01:50:15.280]  You'll see a blue banner that says the proven Mike Miras method.
[01:50:15.280 --> 01:50:17.280]  It's kind of a scrolling GIF banner.
[01:50:17.280 --> 01:50:19.280]  It's a baby blue banner sort of on the left.
[01:50:19.280 --> 01:50:28.280]  And you click on that and you'll be able to get to the order information for how to beat debt collectors and how to beat creditors.
[01:50:28.280 --> 01:50:33.280]  He will show you how to kick their behinds every way from Sunday.
[01:50:33.280 --> 01:50:36.280]  Yeah, it's a proven method.
[01:50:36.280 --> 01:50:41.280]  The guy has won six cases in federal court and he's got the case numbers and everything.
[01:50:41.280 --> 01:50:43.280]  He can verify it on PACER.
[01:50:43.280 --> 01:50:44.280]  He's for real.
[01:50:44.280 --> 01:50:45.280]  Yeah.
[01:50:45.280 --> 01:50:47.280]  And I would just go to Rule of Law?
[01:50:47.280 --> 01:50:50.280]  RuleofLawRadio.com.
[01:50:50.280 --> 01:50:51.280]  Radio.com.
[01:50:51.280 --> 01:50:53.280]  Okay.
[01:50:53.280 --> 01:51:02.280]  Yeah, he will show you how to set them up to get them to create debt, create fines that you get to pursue.
[01:51:02.280 --> 01:51:03.280]  Civil rights.
[01:51:03.280 --> 01:51:04.280]  To pursue against them.
[01:51:04.280 --> 01:51:06.280]  You sue them for civil rights violations basically.
[01:51:06.280 --> 01:51:07.280]  Yeah.
[01:51:07.280 --> 01:51:16.280]  In the federal court and you can get them to create more in fines than what you owe.
[01:51:16.280 --> 01:51:17.280]  Okay.
[01:51:17.280 --> 01:51:19.280]  You will really like this method.
[01:51:19.280 --> 01:51:24.280]  It starts off by first sending them a dispute letter.
[01:51:24.280 --> 01:51:27.280]  You send a dispute letter to the creditors.
[01:51:27.280 --> 01:51:30.280]  You send a verification letter to the debt collectors.
[01:51:30.280 --> 01:51:36.280]  And once you put them on notice, then, you know, there's a whole set of laws that they have to abide by.
[01:51:36.280 --> 01:51:40.280]  They have to abide by a whole set of laws anyway even if you don't put them on notice.
[01:51:40.280 --> 01:51:45.280]  You know, certain things like once you dispute the debt, they can't call you anymore.
[01:51:45.280 --> 01:51:47.280]  They can't make any more attempts to collect the debt.
[01:51:47.280 --> 01:51:52.280]  Every time they call you on the phone, that's another $2,000 violation.
[01:51:52.280 --> 01:51:56.280]  Every time they don't read you the mini Miranda, that's another $2,000.
[01:51:56.280 --> 01:51:59.280]  And it just adds up and adds up and adds up.
[01:51:59.280 --> 01:52:00.280]  And it's not about the debt.
[01:52:00.280 --> 01:52:02.280]  It's not about whether or not you owe the money.
[01:52:02.280 --> 01:52:06.280]  It's about the fact that they violate your civil rights.
[01:52:06.280 --> 01:52:14.280]  And so he shows how to set them up and a list of 18 questions to ask them when they call you and all kinds of things.
[01:52:14.280 --> 01:52:18.280]  And eventually you end up suing them in federal court.
[01:52:18.280 --> 01:52:21.280]  They realize after a while that they're dead meat.
[01:52:21.280 --> 01:52:23.280]  And they offer you a settlement.
[01:52:23.280 --> 01:52:28.280]  And in the end, they end up paying you to go away and you never even have to go to court because you're so out of court.
[01:52:28.280 --> 01:52:33.280]  That's my answer I wanted to hear.
[01:52:33.280 --> 01:52:35.280]  I'm trying to avoid court, but that's great.
[01:52:35.280 --> 01:52:38.280]  If it kind of stops short of court, that'd be great.
[01:52:38.280 --> 01:52:43.280]  It always stops short of court because they always realize that they have no defense.
[01:52:43.280 --> 01:52:50.280]  Because once they realize that the case that you're filing against them has nothing to do with the debt,
[01:52:50.280 --> 01:52:56.280]  but the fact that they broke the law and that they violated your civil rights,
[01:52:56.280 --> 01:53:01.280]  Fair Debt Collections Practices Act and similar statutes,
[01:53:01.280 --> 01:53:09.280]  then they always, always, always end up making you a settlement offer before you get to court.
[01:53:09.280 --> 01:53:13.280]  Everybody that he's ever taught to do this, not one person's ever actually gone to court.
[01:53:13.280 --> 01:53:15.280]  They always settle out of court.
[01:53:15.280 --> 01:53:16.280]  Okay, great.
[01:53:16.280 --> 01:53:18.280]  I will lift that up then.
[01:53:18.280 --> 01:53:21.280]  And that's what happened with his cases too, with his six cases.
[01:53:21.280 --> 01:53:29.280]  You'll see on PACER, when you look up on PACER, that basically he ended up dismissing the case on his own.
[01:53:29.280 --> 01:53:33.280]  He dropped the case because he settled out of court every time.
[01:53:33.280 --> 01:53:35.280]  Good.
[01:53:35.280 --> 01:53:37.280]  Okay, that sounds great.
[01:53:37.280 --> 01:53:40.280]  And we need to get him on again too to go over this.
[01:53:40.280 --> 01:53:43.280]  Is it usually on certain days that he might be on?
[01:53:43.280 --> 01:53:49.280]  Well, no, he's a guest, and so we have him on as a guest about once a month or so.
[01:53:49.280 --> 01:53:50.280]  I see.
[01:53:50.280 --> 01:53:59.280]  But if you get his course, then you can get a certain amount of consultation with him on the phone for free.
[01:53:59.280 --> 01:54:01.280]  And then he also charges for his time.
[01:54:01.280 --> 01:54:11.280]  But the best thing to do is to get the class and go over it, and it's pretty much step-by-step like a recipe book.
[01:54:11.280 --> 01:54:12.280]  Okay.
[01:54:12.280 --> 01:54:14.280]  What time does your radio program start?
[01:54:14.280 --> 01:54:23.280]  We are on the air from 8 to 10 on Mondays and Thursdays at Central Time and 8 to midnight on Fridays, Central Time.
[01:54:23.280 --> 01:54:29.280]  And this is also a network, Rule of Law Radio Network, and there are other shows on this network too.
[01:54:29.280 --> 01:54:36.280]  We've got Dr. Frederick Graves' Jurisdictionary, and it teaches the basics of how to function in court
[01:54:36.280 --> 01:54:40.280]  and the rules of civil procedure and all these kinds of things.
[01:54:40.280 --> 01:54:46.280]  The very fundamental tools that everyone needs to learn if they're going to be pro se doing anything,
[01:54:46.280 --> 01:54:52.280]  that's Jurisdictionary on Monday evenings, 6 to 8, and then we're on right after that.
[01:54:52.280 --> 01:54:57.280]  And on Tuesdays and Thursdays, we have Iron and World Report, which is a news report show,
[01:54:57.280 --> 01:55:00.280]  the news that the networks will not tell you.
[01:55:00.280 --> 01:55:02.280]  That's 6 to 8 on Tuesdays and Thursdays.
[01:55:02.280 --> 01:55:04.280]  We've got Agenda 21 Talk.
[01:55:04.280 --> 01:55:11.280]  Tuesday nights, they go over commercial remedies and also discuss the evil Agenda 21 plan
[01:55:11.280 --> 01:55:17.280]  and how it's being implemented at the local level, how things like sustainable development and smart growth
[01:55:17.280 --> 01:55:23.280]  and all those pretty little sounding phrases are actually part of an evil plan to rob us all of our property
[01:55:23.280 --> 01:55:29.280]  and squash us on the cities and take away all the rural landowners' properties, things like that.
[01:55:29.280 --> 01:55:34.280]  And then on Wednesday nights, we have Outside the Box Politics with Richard Reeves from 6 to 8,
[01:55:34.280 --> 01:55:36.280]  really excellent show.
[01:55:36.280 --> 01:55:40.280]  He's been a longtime broadcaster for years and years on cable access, coming into radio now.
[01:55:40.280 --> 01:55:46.280]  Radio Free Oklahoma, right after that, exposing the Oklahoma City bombing, being an inside job.
[01:55:46.280 --> 01:55:52.280]  And then, of course, us on Thursdays and Fridays, brand new show on Fridays, Axiom for Liberty, Kay Beat.
[01:55:52.280 --> 01:55:56.280]  She's part of the Radio Free Oklahoma crew, and she's got her own show.
[01:55:56.280 --> 01:55:59.280]  And then, of course, also Gary Johnson on Fridays.
[01:55:59.280 --> 01:56:04.280]  I mean, I'm sorry, on Sundays from 8 to 10, so we've got a little network here of broadcasters.
[01:56:04.280 --> 01:56:08.280]  So you can see the schedule on the Web site.
[01:56:08.280 --> 01:56:09.280]  All right.
[01:56:09.280 --> 01:56:12.280]  Thanks very much for all your help and information.
[01:56:12.280 --> 01:56:14.280]  Oh, thank you, Diana.
[01:56:14.280 --> 01:56:16.280]  I appreciate it.
[01:56:16.280 --> 01:56:17.280]  Okay.
[01:56:17.280 --> 01:56:18.280]  Thank you.
[01:56:18.280 --> 01:56:19.280]  Bye-bye.
[01:56:19.280 --> 01:56:20.280]  Bye-bye.
[01:56:20.280 --> 01:56:23.280]  We offer one minor warning with the Mike Mears method.
[01:56:23.280 --> 01:56:26.280]  Just don't have too much fun with it.
[01:56:26.280 --> 01:56:28.280]  Yeah, you'll have a lot of fun beating these guys up.
[01:56:28.280 --> 01:56:30.280]  He's part of...
[01:56:30.280 --> 01:56:31.280]  Okay.
[01:56:31.280 --> 01:56:34.280]  We are going to go now to Jim in Texas.
[01:56:34.280 --> 01:56:36.280]  Jim, thanks for calling back.
[01:56:36.280 --> 01:56:38.280]  What's on your mind?
[01:56:38.280 --> 01:56:39.280]  This is a different Jim.
[01:56:39.280 --> 01:56:41.280]  Different Jim, okay.
[01:56:41.280 --> 01:56:44.280]  This is, let's see, this is Stump the Host Night.
[01:56:44.280 --> 01:56:45.280]  Is that right?
[01:56:45.280 --> 01:56:46.280]  Isn't that what I heard you say?
[01:56:46.280 --> 01:56:48.280]  Randy said something about Stump the Chumps.
[01:56:48.280 --> 01:56:49.280]  Stump the Chumps.
[01:56:49.280 --> 01:56:51.280]  Stump the Chumps, okay.
[01:56:51.280 --> 01:56:55.280]  I've got a question about the labor law.
[01:56:55.280 --> 01:56:56.280]  I'm stumped.
[01:56:56.280 --> 01:56:57.280]  It's not my area.
[01:56:57.280 --> 01:56:59.280]  Is it maternity labor or physical labor?
[01:56:59.280 --> 01:57:01.280]  Either one.
[01:57:01.280 --> 01:57:05.280]  Failure to pay wages.
[01:57:05.280 --> 01:57:10.280]  If an employer fails to pay wages that he's supposed to pay,
[01:57:10.280 --> 01:57:14.280]  and there's the law specifically states when he's supposed to pay them
[01:57:14.280 --> 01:57:16.280]  and how he's supposed to pay them.
[01:57:16.280 --> 01:57:18.280]  But if he fails to pay after demand,
[01:57:18.280 --> 01:57:23.280]  what would you think the criminal offense is?
[01:57:23.280 --> 01:57:24.280]  I don't know.
[01:57:24.280 --> 01:57:27.280]  I'm not familiar with labor law, so you stumped the chumps.
[01:57:27.280 --> 01:57:29.280]  Stumped the services?
[01:57:29.280 --> 01:57:31.280]  No.
[01:57:31.280 --> 01:57:37.280]  It says an offense under this section is a felony of the third degree
[01:57:37.280 --> 01:57:42.280]  for not paying your wages to your employees.
[01:57:42.280 --> 01:57:43.280]  I knew that was a big deal.
[01:57:43.280 --> 01:57:48.280]  Well, you asked what the charge was, not what type of charge it is.
[01:57:48.280 --> 01:57:53.280]  Oh, he got us, Eddie.
[01:57:53.280 --> 01:57:54.280]  That's good, though.
[01:57:54.280 --> 01:57:56.280]  That means we have something good to go against an employer
[01:57:56.280 --> 01:57:59.280]  who won't pay the people that he hired.
[01:57:59.280 --> 01:58:00.280]  Right.
[01:58:00.280 --> 01:58:04.280]  Well, can I hold over?
[01:58:04.280 --> 01:58:05.280]  Sure.
[01:58:05.280 --> 01:58:06.280]  Yes, you can hold over.
[01:58:06.280 --> 01:58:07.280]  Okay, thanks.
[01:58:07.280 --> 01:58:09.280]  Okay, Jim, hold over to the other side.
[01:58:09.280 --> 01:58:11.280]  After Jim, we have open call lines.
[01:58:11.280 --> 01:58:14.280]  So, folks, if you'd like to call in, we've got another two hours,
[01:58:14.280 --> 01:58:22.280]  512-646-1984, calling in to talk to Randy, Eddie, or myself.
[01:58:22.280 --> 01:58:24.280]  We'll be right back after this news break.
[01:58:24.280 --> 01:58:26.280]  I'm in World Report.
[01:58:26.280 --> 01:58:42.280]  We'll be right back.
[01:58:56.280 --> 01:59:21.280]  We'll be right back.
[01:59:21.280 --> 01:59:48.280]  We'll be right back.
[01:59:48.280 --> 01:59:58.280]  Thank you.