ROL_2010-09-17_16k_Hr3-4.timecode
[00:00.000 --> 00:04.000] This news brief brought to you by the International Newsnet.
[00:04.000 --> 00:10.000] A trespassing case against 14 anti-war activists for entering Creech Air Force Base in Nevada
[00:10.000 --> 00:15.000] has led the judge to review US drone attacks in Pakistan and Afghanistan.
[00:15.000 --> 00:21.000] The defendants pleaded not guilty on the grounds such attacks were illegal under international law.
[00:21.000 --> 00:27.000] The defendants convinced the judge to hold a hearing on the use of drones not simply trespassing.
[00:27.000 --> 00:32.000] Colleagues of exiled Pakistani opposition politician Imran Farooq,
[00:32.000 --> 00:38.000] a co-founder of the Mutahidi Qaumi movement whose body was found in London Thursday,
[00:38.000 --> 00:41.000] say his murder was politically motivated.
[00:41.000 --> 00:46.000] Farooq fled Pakistan in the 1990s and sought asylum in the UK.
[00:46.000 --> 00:53.000] MQM officials believe Farooq was killed by the Pakistani government or extremists.
[00:53.000 --> 00:58.000] Delaware's Republican nominee for the Senate says she'll be guided by the Constitution,
[00:58.000 --> 01:01.000] not her views on masturbation.
[01:01.000 --> 01:05.000] Christine O'Donnell, famed for her crusades against gays and masturbators
[01:05.000 --> 01:08.000] and for blaming those who have AIDS for their illness,
[01:08.000 --> 01:11.000] said her earlier statements were made, quote,
[01:11.000 --> 01:16.000] when I was in my twenties and very excited and passionate.
[01:16.000 --> 01:22.000] Arab states refused Thursday to drop plans to chide Israel over its nuclear arsenal
[01:22.000 --> 01:24.000] at the UN nuclear conference next week.
[01:24.000 --> 01:29.000] Despite US suggestions, such a move would jeopardize Middle East peace talks.
[01:29.000 --> 01:34.000] Earlier, the US and the EU had pressed Arab countries to withdraw a resolution
[01:34.000 --> 01:39.000] that calls on Israel to sign the Nuclear Non-Proliferation Treaty.
[01:39.000 --> 01:44.000] Sudan's ambassador to the International Atomic Energy Agency, Mahmoud El-Amin,
[01:44.000 --> 01:51.000] argued the IAEA, which is investigating both Iran and Syria for alleged illicit nuclear activity,
[01:51.000 --> 01:55.000] used, quote, double standards when dealing with Israel.
[01:55.000 --> 01:58.000] Brussels and Washington believed zeroing in on Israel
[01:58.000 --> 02:01.000] would jeopardize a proposed conference in 2012
[02:01.000 --> 02:05.000] on the creation of a Middle East free of weapons of mass destruction.
[02:05.000 --> 02:11.000] Israel is known to be the only Middle East country to possess nuclear weapons.
[02:11.000 --> 02:14.000] Battered by two wars and an economic crisis,
[02:14.000 --> 02:18.000] the US public wants Washington to play less of a role abroad
[02:18.000 --> 02:22.000] and focus on domestic problems. According to a major survey released Thursday
[02:22.000 --> 02:25.000] by the Chicago Council on Global Affairs,
[02:25.000 --> 02:30.000] the public appears increasingly doubtful about the benefits of economic globalization
[02:30.000 --> 02:35.000] and skeptical that Islamic and Western civilizations can live together peacefully.
[02:35.000 --> 02:40.000] The survey also found wide differences on key foreign policy issues
[02:40.000 --> 02:42.000] between Republican and Democratic respondents,
[02:42.000 --> 02:47.000] particularly with respect to climate change, the importance of multilateral institutions,
[02:47.000 --> 02:50.000] the Middle East, and the use of torture.
[03:18.000 --> 03:24.000] I received my remedy today
[03:24.000 --> 03:28.000] Came in a box just like they say
[03:28.000 --> 03:31.000] I accepted it for value right away
[03:31.000 --> 03:35.000] It's not sooner, it's not later
[03:35.000 --> 03:39.000] It's not sooner, it's not later
[03:39.000 --> 03:44.000] It's not sooner, it's not later
[03:44.000 --> 03:48.000] It's not sooner, it's not later
[03:48.000 --> 03:51.000] We are originators
[03:51.000 --> 03:56.000] And the pathway seems to get straighter every day
[03:56.000 --> 04:00.000] And I can take anything that belongs to me
[04:00.000 --> 04:03.000] And do it to a good use
[04:03.000 --> 04:06.000] But I was good for the gander
[04:06.000 --> 04:10.000] Gonna work for the goose
[04:10.000 --> 04:12.000] I know some art
[04:12.000 --> 04:14.000] I know some art
[04:14.000 --> 04:42.000] We're taking your phone calls. We've got two mics from Texas on the line plus Josh from Georgia.
[04:42.000 --> 04:47.000] It's gonna be fine because you won't send a full amount.
[04:47.000 --> 04:49.000] And you've got all these people losing their homes
[04:49.000 --> 04:55.000] and then there they are refusing your payment, trying to throw you into foreclosure.
[04:55.000 --> 05:01.000] You got it, that's exactly what they're trying to do.
[05:01.000 --> 05:03.000] Do they have to take the payment, Randy?
[05:03.000 --> 05:09.000] Not if it's in the contract. It's most likely in the contract that they don't have to take a partial payment if you're behind.
[05:09.000 --> 05:15.560] not a partial, it's a full payment of a month, but if you're two months behind, they won't
[05:15.560 --> 05:20.880] take it unless you send them like, say, they won't take it unless you send them those 16.
[05:20.880 --> 05:25.920] Right, but that's what they're calling a partial payment is that the full payment would be
[05:25.920 --> 05:33.120] the total amount due on what you're behind, not just one month's worth, but if you're
[05:33.120 --> 05:37.600] two months behind, they want the full two months as the payment.
[05:37.600 --> 05:48.080] Yeah, if your lender is doing that, you can be sure they want to foreclose, and they want
[05:48.080 --> 05:54.960] to foreclose because they make a lot of money in foreclosure.
[05:54.960 --> 05:57.480] I figured they was losing a lot of money in foreclosure.
[05:57.480 --> 06:00.440] Yeah, that's what most people think.
[06:00.440 --> 06:10.480] But what they regularly do is take out insurance policies on your mortgage.
[06:10.480 --> 06:13.720] They're called derivatives.
[06:13.720 --> 06:19.760] If you foreclose, if they foreclose in your property, they're likely to reap eight to
[06:19.760 --> 06:27.320] ten times the amount of the original principal in derivatives on your property.
[06:27.320 --> 06:31.280] Lenders would crash the market in 2008.
[06:31.280 --> 06:37.520] These lenders would create a predatory loan that they intended to default.
[06:37.520 --> 06:38.520] Then they would take...
[06:38.520 --> 06:45.040] What about the... They say, on an FHA note, they legally have to be five months behind
[06:45.040 --> 06:51.040] before they can even start a foreclosure process, and they're threatening in three months on
[06:51.040 --> 06:55.440] these people, and then they're doing this, won't take payments, letting people try to
[06:55.440 --> 06:56.440] catch up.
[06:56.440 --> 07:00.400] So they're trying to force you into a position where they can foreclose, because that's where
[07:00.400 --> 07:03.880] they make their money.
[07:03.880 --> 07:07.440] There's no way that you can get them for refusing payment, then...
[07:07.440 --> 07:09.320] Depends on what the contract says.
[07:09.320 --> 07:15.480] Yeah, it depends on what the mortgage contract said that... If it's in the contract that
[07:15.480 --> 07:19.840] they will not accept partial payments, that once you get behind, you have to pay all of
[07:19.840 --> 07:21.120] it up to current, then...
[07:21.120 --> 07:28.360] However, there are a lot of other things you can do.
[07:28.360 --> 07:35.240] You can go after them for the fraud they committed when they created the predatory loan.
[07:35.240 --> 07:40.800] Predatory loans were just a standard procedure for the last 15, 20 years.
[07:40.800 --> 07:45.880] That's what got us into this horrible mess we're in.
[07:45.880 --> 07:50.000] The best thing to do... It's always my position.
[07:50.000 --> 07:55.720] The best defense is a good, effective offense.
[07:55.720 --> 08:02.400] They've been using predatory and fraudulent lending practices.
[08:02.400 --> 08:06.360] You go after them for that.
[08:06.360 --> 08:08.120] That gives you leverage.
[08:08.120 --> 08:11.680] They give you an opportunity to save the place.
[08:11.680 --> 08:16.680] What kind of leverage do you have when they keep selling your mortgage without you even
[08:16.680 --> 08:19.480] knowing?
[08:19.480 --> 08:24.160] That's not the leverage that... There's guys out there that are complaining about them
[08:24.160 --> 08:27.960] selling the mortgage as if that harms you.
[08:27.960 --> 08:32.040] That doesn't harm you.
[08:32.040 --> 08:39.800] Once you sign the security instrument as a promise to pay, they sell that promise to
[08:39.800 --> 08:40.800] someone else.
[08:40.800 --> 08:44.760] Now, they can do that.
[08:44.760 --> 08:51.920] One problem they have is they weren't careful in the last 10 or 15 years.
[08:51.920 --> 08:57.560] They were writing so many notes and securitizing them.
[08:57.560 --> 09:02.760] What they do after they securitize them is pretty complex.
[09:02.760 --> 09:07.960] They take the individual notes and they'll collect eight or 10,000 of them and put them
[09:07.960 --> 09:12.480] together in one large investment pool.
[09:12.480 --> 09:19.160] Then they sell that pool to an investor, but it's a lot more complex than that.
[09:19.160 --> 09:23.280] After they sell it to the investor, they move it around a lot.
[09:23.280 --> 09:27.480] They move it around to adjust income streams.
[09:27.480 --> 09:33.280] They sell off percentages of it to different people, so when you say, who owns the note?
[09:33.280 --> 09:42.120] That's really hard to tell because there are transactions with these pools that will sometimes
[09:42.120 --> 09:49.440] move the ownership a day, every day, or a week, or a month.
[09:49.440 --> 09:55.800] Tracking all of the changes of ownership, it's almost impossible.
[09:55.800 --> 09:57.560] That's the problem the lender has.
[09:57.560 --> 10:02.400] Well, how do they call it, let's say it's the FHA, if it was the federal government
[10:02.400 --> 10:03.400] note?
[10:03.400 --> 10:10.680] FHA just backs it, but it doesn't make much difference.
[10:10.680 --> 10:17.280] There are differences with FHA, but it doesn't go to securitization of the note.
[10:17.280 --> 10:22.120] The problem is that they've sold it all over the place back and forth, and in order to
[10:22.120 --> 10:30.800] prove upstanding to foreclose on the note, they have to show that they're a legal holder
[10:30.800 --> 10:34.600] of the note, that they hold it legally.
[10:34.600 --> 10:40.960] The only way they can hold it legally is if it was transferred to them by somebody else
[10:40.960 --> 10:44.680] who was holding it legally.
[10:44.680 --> 10:46.960] The only way that one can do it is the same way.
[10:46.960 --> 10:52.360] Well, these things move back and forth so much, it's essentially impossible to prove
[10:52.360 --> 10:54.880] that up.
[10:54.880 --> 11:02.000] About 62 million loans in the United States were registered with a company called MERS,
[11:02.000 --> 11:09.360] French Electronic Registration Service, and that was illegal, and MERS is beginning to
[11:09.360 --> 11:12.640] get thrown out of court all over the country.
[11:12.640 --> 11:17.000] If you have MERS mentioned in your note, good chance you can make the whole thing go away.
[11:17.000 --> 11:23.680] I generally don't say that to people that make your note go away, but MERS has screwed
[11:23.680 --> 11:32.440] things up so badly, and the economy is getting in such a disarray that the public is waking
[11:32.440 --> 11:38.600] up to the problems and they're unhappy, and the legislators, the House of Representatives
[11:38.600 --> 11:43.800] all up for election in November, they're afraid they're going to get thrown out on their ears.
[11:43.800 --> 11:52.560] They need some sacrificial lamb to feed to the public, and it looks like they're giving
[11:52.560 --> 11:56.440] us the lenders because the courts are beginning to rule against them.
[11:56.440 --> 12:00.520] Well, I think we're designed to fail.
[12:00.520 --> 12:01.520] Absolutely.
[12:01.520 --> 12:10.440] Well, Randy, what would be a remedy for Josh in this situation here?
[12:10.440 --> 12:17.600] Get a good forensic analysis, prepare a good, effective tort letter, and a qualified written
[12:17.600 --> 12:22.600] request with the lender that starts a process.
[12:22.600 --> 12:26.120] So he can do that before the foreclosure process?
[12:26.120 --> 12:28.680] The sooner you do it, the better.
[12:28.680 --> 12:33.000] If you wait until they're about to throw you out, you're going to get thrown out.
[12:33.000 --> 12:37.560] You can still fight them, but they'll still throw you out the street.
[12:37.560 --> 12:41.520] If you stop them ahead of time, you can keep from getting evicted.
[12:41.520 --> 12:51.240] No, I mean, it's nowhere near that, and it'll get paid, but I just don't like the way they
[12:51.240 --> 12:53.160] handled it.
[12:53.160 --> 12:58.840] One way that might get them to turn around is to get a good, effective, qualified written
[12:58.840 --> 13:02.440] request.
[13:02.440 --> 13:04.800] Here's what I suggest you do.
[13:04.800 --> 13:10.080] You make up a letter, and you tell them that you looked at your HUD-1 settlement statement.
[13:10.080 --> 13:16.600] It's a document, it's a two-page document, it's got lines that's legal size, and it's
[13:16.600 --> 13:18.360] got numbers on both sides.
[13:18.360 --> 13:22.320] It's the most complex document you have.
[13:22.320 --> 13:28.880] The second page of the HUD-1 settlement statement lists all the fees you paid at closing.
[13:28.880 --> 13:34.800] You make them up a letter and tell them, at closing, you didn't provide documentation
[13:34.800 --> 13:42.960] to show that these fees were authorized by law, and that the services charged for were
[13:42.960 --> 13:50.480] necessary and the amounts charged were reasonable, and that you didn't take a markup on them.
[13:50.480 --> 13:59.960] I believe all of these fees that you charged at closing were false and improper, and therefore
[13:59.960 --> 14:08.240] they should not be added to the principal, and that has caused my payment to be too high.
[14:08.240 --> 14:14.960] So that is an error in your accounting, please correct it.
[14:14.960 --> 14:19.640] In order for a qualified written request to be a qualified written request, because the
[14:19.640 --> 14:26.360] term is a term of art, it's defined in law, a qualified written request is a document
[14:26.360 --> 14:33.040] that claims an accounting error and requests that the servicer correct the error.
[14:33.040 --> 14:38.800] Well, there's no way that he's going to give you documentation to prove up all these fees
[14:38.800 --> 14:47.400] because some of them really are bogus, and he will fail on the qualified written request.
[14:47.400 --> 14:50.400] How old is your note?
[14:50.400 --> 14:51.400] Ten years.
[14:51.400 --> 14:58.120] Okay, you're past the rescission date, and I was reading up on rescission today, generally
[14:58.120 --> 15:08.360] you have three days to rescind, that's the buyer's remorse period, and then if there
[15:08.360 --> 15:13.120] are failures to disclose, you can have up to three years for Real Estate Settlement
[15:13.120 --> 15:16.160] Procedures Act.
[15:16.160 --> 15:25.040] And if they go into foreclosure and they have distributed to the broker more than $35 that
[15:25.040 --> 15:28.080] was not disclosed, you're right to rescind and renew.
[15:28.080 --> 15:34.160] Problem with rescission is you have to give them back everything they gave you if it was
[15:34.160 --> 15:37.840] a purchase loan.
[15:37.840 --> 15:43.480] I had the impression that you give them back the property, but that's not the case.
[15:43.480 --> 15:45.020] They didn't buy the property.
[15:45.020 --> 15:47.120] They gave you money to buy the property.
[15:47.120 --> 15:55.560] If you rescind, you have to give them back what they gave you, and they have to give
[15:55.560 --> 16:00.000] you back what you gave them, so it goes to a set off.
[16:00.000 --> 16:06.240] You have to give them back, say if it's ten years, you may have paid them enough to pay
[16:06.240 --> 16:07.240] off the note.
[16:07.240 --> 16:14.080] Oh, I figured it up, I paid off the note and thousands and thousands more already.
[16:14.080 --> 16:21.440] Okay, so it's valuable, now it would be valuable for you to rescind, but your rescind time
[16:21.440 --> 16:24.800] is past.
[16:24.800 --> 16:29.720] And I can't find a way to get back to it, but what you can do is when they don't answer
[16:29.720 --> 16:34.840] the qualified written request, then you send them a tort letter making a fraud claim against
[16:34.840 --> 16:41.200] them and that will most likely get them to come to you and say, hey, let's see if we
[16:41.200 --> 16:43.280] can't fix this.
[16:43.280 --> 16:45.240] Let's make a deal.
[16:45.240 --> 16:46.240] Okay.
[16:46.240 --> 16:47.240] All right.
[16:47.240 --> 16:49.960] Does that answer your question, Josh?
[16:49.960 --> 16:50.960] Yeah.
[16:50.960 --> 16:51.960] Okay, great.
[16:51.960 --> 16:54.120] We'll be back on the other side and we're going to take more calls.
[16:54.120 --> 16:56.960] We've got Pat in West Texas and two mics from Texas.
[16:56.960 --> 16:57.960] We'll be right back.
[16:57.960 --> 17:06.640] Capital Coin and Bullion is your local source for rare coins, precious metals, and coin
[17:06.640 --> 17:08.680] supplies in the Austin metro area.
[17:08.680 --> 17:09.840] We also ship worldwide.
[17:09.840 --> 17:14.120] We are a family-owned and operated business that offers competitive prices on your coin
[17:14.120 --> 17:15.120] and metal purchases.
[17:15.120 --> 17:20.200] We buy, sell, trade, and confine rare coins, gold, and silver coin collections, precious
[17:20.200 --> 17:21.200] metals, and scrap gold.
[17:21.200 --> 17:23.880] We purchase and sell gold and jewelry items.
[17:23.880 --> 17:26.440] We offer daily specials on coins and bullion.
[17:26.440 --> 17:31.520] We are located at 5448 Burnett Road, Suite 3 at the corner of Burnett and Shulmark.
[17:31.520 --> 17:35.600] And we're open Mondays and Fridays, 10 to 6, Saturdays, 10 to 5.
[17:35.600 --> 17:40.160] You are welcome to stop in our shop during regular business hours or call 512-646-6440
[17:40.160 --> 17:41.160] with any questions.
[17:41.160 --> 17:47.800] Ask for Chad and say you've heard about us on Google Law Radio or Texas Liberty Radio.
[17:47.800 --> 17:51.480] That's Capital Coin and Bullion at the corner of Burnett and Shulmark, and we're open Mondays
[17:51.480 --> 17:54.920] and Fridays, 10 to 6, Saturdays, 10 to 5.
[17:54.920 --> 17:57.920] That's Capital Coin and Bullion, 512-646-6440.
[17:57.920 --> 18:08.440] Well, don't let nothing get to you, only the father can't believe by you, so don't let
[18:08.440 --> 18:15.840] bad-minded people hurt you, until Satan get behind you, don't you know what I mean, my
[18:15.840 --> 18:16.840] friend?
[18:16.840 --> 18:33.200] That's Capital Coin and Bullion at the corner of Burnett and Shulmark, and we're open Mondays
[18:33.200 --> 18:44.280] and Fridays, 10 to 6, Saturdays, 10 to 5.
[18:44.280 --> 18:59.680] That's Capital Coin and Bullion at the corner of Burnett and Shulmark, and we're open Mondays
[18:59.680 --> 19:12.040] and Fridays, 10 to 6, Saturdays, 10 to 5.
[19:12.040 --> 19:28.160] That's right, trust in God, my friend, miracles you know He work, call on His name, and He
[19:28.160 --> 19:37.600] will be real to you, just as real as we are to you, listening to us right now.
[19:37.600 --> 19:43.120] And I don't apologize for it, and I'm not ashamed of it, because the Word tells me,
[19:43.120 --> 19:48.720] the Bible tells me, that if you are ashamed of Him before men, then so shall He be ashamed
[19:48.720 --> 19:56.880] of you before our Father above, so that's the way it is.
[19:56.880 --> 20:02.880] We are here to speak the Word of truth of the Lord, and speak the Word of truth to save
[20:02.880 --> 20:05.320] our country and our Republic as well.
[20:05.320 --> 20:07.720] We're going to Pat in West Texas.
[20:07.720 --> 20:08.800] Pat, thanks for calling in.
[20:08.800 --> 20:09.800] What's on your mind?
[20:09.800 --> 20:12.000] Oh, not too much, Deborah.
[20:12.000 --> 20:18.040] I needed from Randy the website for remedies in real estate.
[20:18.040 --> 20:24.120] I was trying to log in, and I get an authorization requirement.
[20:24.120 --> 20:27.200] Randy, you there?
[20:27.200 --> 20:30.360] Yeah, we're changing how we do that.
[20:30.360 --> 20:31.360] Okay.
[20:31.360 --> 20:36.480] We will have, we're moving that to another website.
[20:36.480 --> 20:41.120] All right, because I was trying to put in some data, and I was going to do it tonight,
[20:41.120 --> 20:42.120] but that's okay.
[20:42.120 --> 20:43.120] We're kind of in transition.
[20:43.120 --> 20:47.120] It'll be a day or two before we have it up, but we're going to move all the data input
[20:47.120 --> 20:50.120] to shysterproof.us.
[20:50.120 --> 20:54.880] shysterproof.us, okay.
[20:54.880 --> 20:57.880] shysterproof.us?
[20:57.880 --> 21:02.160] Yes, that's the site.
[21:02.160 --> 21:05.600] My question, Randy, is how are you spelling shyster?
[21:05.600 --> 21:11.040] I can spell it three different ways, and probably two of them are not polite and polite company.
[21:11.040 --> 21:13.040] We're spelling it the way it sounds.
[21:13.040 --> 21:14.040] Okay.
[21:14.040 --> 21:16.040] With a Y, right?
[21:16.040 --> 21:17.040] Yes.
[21:17.040 --> 21:20.040] Okay, then we're polite.
[21:20.040 --> 21:22.160] Okay, I appreciate it.
[21:22.160 --> 21:26.000] Yeah, we're kind of making some adjustments in how we do things.
[21:26.000 --> 21:27.000] Good.
[21:27.000 --> 21:28.000] I understand.
[21:28.000 --> 21:40.880] I talked to David last night about somebody that I've referred over to y'all, and she's
[21:40.880 --> 21:46.400] a real basket case, but she's in the middle of the foreclosure, and David was helping
[21:46.400 --> 21:47.400] her.
[21:47.400 --> 21:48.400] Good.
[21:48.400 --> 21:49.400] It's not a problem.
[21:49.400 --> 21:55.080] I've never met David, but he sounds very, very confident, and he's good.
[21:55.080 --> 21:58.440] He's good people, and he's good at what he does.
[21:58.440 --> 21:59.440] Super.
[21:59.440 --> 22:00.440] Super.
[22:00.440 --> 22:01.440] I'm glad to hear that.
[22:01.440 --> 22:13.240] I'm sitting here with a builder manager, a real estate agent, and a mortgage broker,
[22:13.240 --> 22:18.240] and one of them's related to me, believe it or not, and there's other problems, but they're
[22:18.240 --> 22:25.720] a learning thing, which is good, and maybe they'll stay straight, and I really and truly
[22:25.720 --> 22:26.720] hope so.
[22:26.720 --> 22:30.800] Yeah, maybe they'll be able to help other people keep the houses they've got.
[22:30.800 --> 22:31.800] That's what we're trying to do.
[22:31.800 --> 22:32.800] That's what we're trying to do.
[22:32.800 --> 22:36.360] Yes, that's the only thing that's going to stabilize this country.
[22:36.360 --> 22:42.080] The more people we keep in their homes, the shorter's going to be this depression.
[22:42.080 --> 22:46.480] Well, this depression's going to get a lot worse, Randy, and we all know it.
[22:46.480 --> 22:47.480] Yes, it is.
[22:47.480 --> 22:51.480] But we're trying to eliminate as much as possible.
[22:51.480 --> 23:01.120] I know we're like a grain of sand in a windstorm, but we can only do the best we can do.
[23:01.120 --> 23:06.920] Well, hey, a grain of sand in a windstorm can be pretty darn strong.
[23:06.920 --> 23:10.320] Even a little piece of straw in a windstorm can be pretty strong.
[23:10.320 --> 23:17.560] I remember when I was in Hawaii right after Hurricane, and a piece of hay had gotten rammed
[23:17.560 --> 23:22.360] into a piece of wood, like the trunk of a tree.
[23:22.360 --> 23:26.480] It was incredible, like some kind of a metal spike or something.
[23:26.480 --> 23:32.120] Never underestimate the power of a grain of sand or a little straw.
[23:32.120 --> 23:36.440] Actually that reminds me of a Bob Marley song.
[23:36.440 --> 23:44.440] It's called, If You Are a Big Tree, We Are a Small Axe.
[23:44.440 --> 23:50.080] Even a small axe can bring down a big tree, and that's one of his most political songs
[23:50.080 --> 23:55.080] right there, talking about taking down the powers that be, the banksters.
[23:55.080 --> 23:58.600] We may be a small axe, but we're still an axe.
[23:58.600 --> 24:00.600] Remember David and Goliath.
[24:00.600 --> 24:02.800] That's right.
[24:02.800 --> 24:03.800] That's right.
[24:03.800 --> 24:06.000] Remember David and Goliath, absolutely.
[24:06.000 --> 24:10.960] You guys, believe it or not, I do have heroes, and there's three of them on the other end
[24:10.960 --> 24:13.760] of the telephone line from me.
[24:13.760 --> 24:17.240] You guys keep up doing what you're doing, and you have a good weekend and be safe.
[24:17.240 --> 24:18.240] Thank you very much.
[24:18.240 --> 24:19.240] All right.
[24:19.240 --> 24:20.240] Thank you, Pat.
[24:20.240 --> 24:21.240] Thank you, Pat.
[24:21.240 --> 24:22.240] Bye-bye.
[24:22.240 --> 24:23.240] Okay.
[24:23.240 --> 24:26.520] We're going to go now to Mike in Texas, one of the Mikes in Texas.
[24:26.520 --> 24:27.880] Mike, are you there?
[24:27.880 --> 24:28.880] Hi.
[24:28.880 --> 24:29.880] Is this me?
[24:29.880 --> 24:30.880] Yes, it's you.
[24:30.880 --> 24:31.880] Go ahead.
[24:31.880 --> 24:32.880] Oh, hi.
[24:32.880 --> 24:40.880] This is Mike with the fight against the TSA and the municipality here, right, in Austin?
[24:40.880 --> 24:44.480] Actually, it got much, much worse this week.
[24:44.480 --> 24:46.520] Teddy was right.
[24:46.520 --> 24:51.680] They did file charges before they had a complaint, and there's a four-day period.
[24:51.680 --> 25:02.460] They filed charges on the 9th of September, Thursday, and then they had a complaint Monday,
[25:02.460 --> 25:09.680] and they've changed the charges from circumventing TSA to assault and threatening TSA and intimidating.
[25:09.680 --> 25:14.360] Now, that's not the most controversial part.
[25:14.360 --> 25:15.640] I just got the video.
[25:15.640 --> 25:17.840] I watched it, and they faked the video.
[25:17.840 --> 25:22.800] I know that's going to be hard for some people to believe, but it doesn't even match the
[25:22.800 --> 25:24.640] testimony at pretrial.
[25:24.640 --> 25:28.120] You need to post that video on YouTube.
[25:28.120 --> 25:29.120] How do I prove this?
[25:29.120 --> 25:30.600] I mean, this is getting so out of control.
[25:30.600 --> 25:31.600] Well, wait a minute.
[25:31.600 --> 25:32.600] Do you have the video or not?
[25:32.600 --> 25:35.760] I do have the video, and it's in a special format.
[25:35.760 --> 25:42.120] I'm going to have to figure out... I talked to a video expert in between this, and unfortunately,
[25:42.120 --> 25:50.440] he says digital video is incredibly easy to fake and is difficult to prove, but the whole
[25:50.440 --> 25:51.440] thing looks weird.
[25:51.440 --> 25:54.440] It's all fuzzy around my head.
[25:54.440 --> 25:58.440] It's so different than what actually happened, and it's different than what the testimony
[25:58.440 --> 26:01.720] that occurred at pretrial.
[26:01.720 --> 26:08.480] Well, see, the thing is they've perjured themselves because what the video says and what they
[26:08.480 --> 26:11.000] say are two different things.
[26:11.000 --> 26:13.520] I can't get the court reporter's testimony.
[26:13.520 --> 26:16.800] She won't provide it for trial.
[26:16.800 --> 26:17.800] I don't understand.
[26:17.800 --> 26:22.160] Is it because you have to pay the court reporter to get the transcripts?
[26:22.160 --> 26:23.160] No.
[26:23.160 --> 26:27.360] She says she won't provide it by trial time.
[26:27.360 --> 26:28.960] Can you file a motion for continuance?
[26:28.960 --> 26:34.560] I filed a motion for continuance before, and I've filed one for today.
[26:34.560 --> 26:38.240] Well, another thing that they've forgotten is they've lost about a dozen of my motions.
[26:38.240 --> 26:44.040] I have about 70 motions in, and they've lost a dozen of them, and when it first happened
[26:44.040 --> 26:49.160] that same day, I filed a judicial notice, and I pointed out this fact, and then I went
[26:49.160 --> 26:51.400] through and itemized it.
[26:51.400 --> 26:56.920] I listed all the files that were missing the first day, and the second day, I cited open
[26:56.920 --> 27:02.560] records act 552, and I also put the penalty phase at the end, and that happened Wednesday
[27:02.560 --> 27:06.000] and Thursday, or Tuesday and Wednesday.
[27:06.000 --> 27:09.360] Actually, the clerk is not subject to open records.
[27:09.360 --> 27:10.360] Oh, okay.
[27:10.360 --> 27:15.160] The clerk is subject to 1.24 code of criminal procedure.
[27:15.160 --> 27:17.160] 1.24, okay.
[27:17.160 --> 27:23.960] Well, I did just an inventory because they hadn't been subpoenaing my witnesses, and
[27:23.960 --> 27:25.520] they hadn't been charging TSA.
[27:25.520 --> 27:31.320] There's a number of documents that are missing, and I did a cursory check, and I noticed that
[27:31.320 --> 27:35.480] there was quite a few missing, and we went through about maybe half or two-thirds of
[27:35.480 --> 27:40.720] my case records that are documents that I submitted, and they had about a dozen problems
[27:40.720 --> 27:46.280] where they were missing a page, like the search of service, or they were missing whole documents,
[27:46.280 --> 27:50.960] or they were misfiled, even like they had taken one day where they just put everything
[27:50.960 --> 27:54.400] in this folder called motions.
[27:54.400 --> 27:56.440] And they just put all my motions in one file.
[27:56.440 --> 28:00.200] I can't access that externally, so I don't know what's in motion.
[28:00.200 --> 28:04.520] It's only they can view it internally at their own internal website.
[28:04.520 --> 28:07.520] Oh, that's right.
[28:07.520 --> 28:10.400] This is the problem with going to a paperless court.
[28:10.400 --> 28:15.960] Well, my biggest concern right now is they tampered with the video.
[28:15.960 --> 28:21.160] It is so different than what actually happened that, you know, I can't tell you how... I
[28:21.160 --> 28:23.000] mean, I know this has got to be hard for you.
[28:23.000 --> 28:26.600] Did you file a motion for continuance yet based on the fact that you're not going to
[28:26.600 --> 28:28.760] be able to get the transcripts by trial time?
[28:28.760 --> 28:31.280] That's a good point.
[28:31.280 --> 28:36.160] I think I did put a motion for that in there.
[28:36.160 --> 28:42.960] I know I had another motion for a continuous... I know I had... I cited a couple other
[28:42.960 --> 28:48.520] cases where it compelled the court reporter to produce court records there, and I also
[28:48.520 --> 28:56.880] am subpoenaing her video and... or the video and audio of the trial so it matches her transcription
[28:56.880 --> 29:01.880] because she had a hearing problem, you know, at critical junctions and testimony when witnesses
[29:01.880 --> 29:10.360] are making admissions to, you know, grossly... and anyways, my witnesses could hear...
[29:10.360 --> 29:11.360] Well, do you...
[29:11.360 --> 29:13.640] ... a sense of way, but she couldn't hear.
[29:13.640 --> 29:18.520] Well, Mike, do you have... do you have it in writing from the court reporter that she's
[29:18.520 --> 29:21.280] not going to have the transcripts prepared in time for the trial?
[29:21.280 --> 29:22.280] I have it on e-mail.
[29:22.280 --> 29:24.000] Does that count?
[29:24.000 --> 29:28.920] That should count, yes, because you can trace all the headers and the IP addresses to prove
[29:28.920 --> 29:30.400] it actually came from her.
[29:30.400 --> 29:32.200] This is in a municipal court, right?
[29:32.200 --> 29:33.200] Yep.
[29:33.200 --> 29:35.240] It's... yeah, it's just a municipal court.
[29:35.240 --> 29:38.160] Petition to county court for writ of mandamus.
[29:38.160 --> 29:39.160] For what?
[29:39.160 --> 29:41.680] Well, writs are awful pretty hard to get.
[29:41.680 --> 29:42.680] Wait, wait, wait.
[29:42.680 --> 29:43.680] Hold on.
[29:43.680 --> 29:44.680] We're about to go to break.
[29:44.680 --> 29:45.680] We're about to go to break.
[29:45.680 --> 29:48.880] I mean, if he gets the... if he gets the continuance, then he'll have the transcripts
[29:48.880 --> 29:49.880] in time for the trial.
[29:49.880 --> 29:54.520] He just needs to make sure that that motion is in and that it cites the reason, the proper
[29:54.520 --> 29:55.520] reason.
[29:55.520 --> 30:02.320] We'll be right back.
[30:02.320 --> 30:06.320] Come down and enjoy Austin's own piece of the Caribbean, right on the banks of the Colorado
[30:06.320 --> 30:07.320] River.
[30:07.320 --> 30:11.960] One Love Kitchen, jerk chicken and vegetarian food, 3109 East Tila Chavez.
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[30:18.240 --> 30:22.360] Serving the real thing, jerk chicken, vegetarian and seafood Saturdays.
[30:22.360 --> 30:26.640] Monday through Wednesday, Friday and Saturday, late night with Empress Down Crew.
[30:26.640 --> 30:29.440] All right, also link up at onelovekitchen.net.
[30:29.440 --> 30:30.440] That's onelovekitchen.net.
[30:30.440 --> 30:37.000] It seems like everywhere you turn nowadays, someone wants your name, social security number
[30:37.000 --> 30:38.000] and date of birth.
[30:38.000 --> 30:40.720] But you should think twice before giving away your personal data.
[30:40.720 --> 30:44.720] I'm Dr. Catherine Albrecht and I'll say more in just a moment.
[30:44.720 --> 30:49.320] Google is watching you, recording everything you've ever searched for and creating a massive
[30:49.320 --> 30:51.600] database of your personal information.
[30:51.600 --> 30:52.880] That's creepy.
[30:52.880 --> 30:55.280] But it doesn't have to be that way.
[30:55.280 --> 30:58.360] Startpage.com is the world's most private search engine.
[30:58.360 --> 31:02.680] Startpage.com doesn't store your IP address, make a record of your searches or use tracking
[31:02.680 --> 31:04.920] cookies and they're third party certified.
[31:04.920 --> 31:09.400] If you don't like big brother spying on you, start over with Startpage.
[31:09.400 --> 31:14.360] Private search results and total privacy, Startpage.com, the world's most private search
[31:14.360 --> 31:15.360] engine.
[31:15.360 --> 31:16.360] Forms, forms, forms.
[31:16.360 --> 31:17.360] They're everywhere.
[31:17.360 --> 31:21.320] But just because a piece of paper asks for information doesn't mean you have to give
[31:21.320 --> 31:22.320] it.
[31:22.320 --> 31:26.960] I leave blank spaces on forms all the time or I write N slash A for not applicable and
[31:26.960 --> 31:29.040] usually nobody notices or cares.
[31:29.040 --> 31:33.600] I never give my social security number or date of birth unless it's absolutely mandatory
[31:33.600 --> 31:37.920] for employment or a government requirement and I won't give my phone number to a company
[31:37.920 --> 31:42.080] or an organization unless I actually want them to call me and that's pretty rare.
[31:42.080 --> 31:47.240] To preserve our vanishing privacy, we need to practice saying no to random data requests.
[31:47.240 --> 31:50.720] It's like exercising a muscle, it gets easier the more you do it.
[31:50.720 --> 32:12.440] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:21.720 --> 32:46.240] I won't, I won't, I won't let you pull the wool over my eyes, I must refuse your news,
[32:46.240 --> 32:55.480] I must also come in light, it seems you like to spare, but please take some words to the
[32:55.480 --> 33:03.600] wise, please stop trying to pull the wool over my eyes.
[33:03.600 --> 33:05.400] Okay folks, we are back.
[33:05.400 --> 33:09.040] We're speaking with Mike in Texas.
[33:09.040 --> 33:17.040] Okay, so wait a minute, we ran out of time and everyone was trying to talk at the same
[33:17.040 --> 33:22.680] time as we were running up into the break, so I had to wrap things up.
[33:22.680 --> 33:26.200] You know, you may want to go back and look at your motion for continuance to make sure
[33:26.200 --> 33:30.560] that it cited the, you know, one of the reasons that you cited was because the court reporter
[33:30.560 --> 33:36.080] wasn't going to have the transcripts ready in time, so now Randy mentioned something
[33:36.080 --> 33:41.240] about writ of mandamus, so Randy, what would the writ of mandamus be for?
[33:41.240 --> 33:45.520] What would he be asking the county court to order the municipal court to do?
[33:45.520 --> 33:46.520] Hello?
[33:46.520 --> 33:47.520] Hello?
[33:47.520 --> 33:50.520] Hi, I'm still here.
[33:50.520 --> 33:58.960] Okay, yeah, I was just asking Randy what he would be, what the writ of mandamus would
[33:58.960 --> 33:59.960] say.
[33:59.960 --> 34:09.320] And what would he be petitioning the county court to order the municipal court to do?
[34:09.320 --> 34:17.160] You would petition the court to order the court reporter to provide you with the evidence
[34:17.160 --> 34:25.360] you need to defend yourself at trial and order the court to grant a continuance until that
[34:25.360 --> 34:28.560] could be completed.
[34:28.560 --> 34:33.040] Has the municipal court denied your motion for continuance yet?
[34:33.040 --> 34:39.120] Well, what they did, they dropped the charges and formulated new charges, but they haven't
[34:39.120 --> 34:40.520] provided any audio yet.
[34:40.520 --> 34:42.760] Well, no, no, no, that's not my question.
[34:42.760 --> 34:49.600] My question, this is a specific legal point concerning the writ of mandamus, because if
[34:49.600 --> 34:57.360] the court has not denied your motion for continuance yet, then I'm trying to understand how the
[34:57.360 --> 35:02.780] writ of mandamus is going to apply, because I'm concerned that the county court is going
[35:02.780 --> 35:08.800] to say, well, the municipal court hasn't denied him a writ of a continuance yet, so why are
[35:08.800 --> 35:09.960] you bothering us?
[35:09.960 --> 35:16.120] I would think that the municipal court would have to deny his motion for continuance first
[35:16.120 --> 35:21.600] in order for him to petition the higher court for a mandamus on that continuance.
[35:21.600 --> 35:27.760] Well, what they did is they granted the continuance, the same time they dropped the charges, and
[35:27.760 --> 35:34.560] then they put new charges in, and then they set it three weeks in advance, so it was supposed
[35:34.560 --> 35:36.040] to be last Thursday.
[35:36.040 --> 35:38.440] It will be coming up in October.
[35:38.440 --> 35:44.240] I know, but you're saying that coming up in October, the court reporter is telling you
[35:44.240 --> 35:48.560] she's not going to have the transcripts ready for the October hearing, correct?
[35:48.560 --> 35:49.560] Correct.
[35:49.560 --> 35:54.880] Okay, so you need to file for a continuance on the October hearing based on the fact that
[35:54.880 --> 35:59.800] the court reporter isn't going to have the transcripts ready by then.
[35:59.800 --> 36:00.800] Wait a minute.
[36:00.800 --> 36:01.800] Okay.
[36:01.800 --> 36:09.240] You need to subpoena the court recorder's electronic recording as well as the transcript.
[36:09.240 --> 36:10.240] I've done that.
[36:10.240 --> 36:16.400] I've subpoenaed the court, on the first complaint, they had two clerks swear out to each other,
[36:16.400 --> 36:19.800] so those two people are subpoenaed.
[36:19.800 --> 36:26.760] I've also subpoenaed the court reporter, and I subpoenaed her transcript and her electronic
[36:26.760 --> 36:34.040] recordings, the audio, and I've also put on the... But they haven't provided anything.
[36:34.040 --> 36:41.000] I can't tell you how many things I've requested, and I just get... They just either get a
[36:41.000 --> 36:44.280] no answer or they just say they're not going to provide it.
[36:44.280 --> 36:48.520] It's critical to my defense, but they won't allow it in.
[36:48.520 --> 36:49.520] They won't provide it.
[36:49.520 --> 36:50.520] They won't allow it in.
[36:50.520 --> 36:53.520] Sometimes they just don't answer.
[36:53.520 --> 36:58.720] I've had people... The information officer at the airport actually told me that he has
[36:58.720 --> 37:04.400] audio and he's going to deny audio and actually write to the attorney general and write a
[37:04.400 --> 37:10.960] petition letter requesting denial of that audio to me, and so I copied him right back
[37:10.960 --> 37:15.840] with all that, and I had copied the attorney general, and I made an open records request,
[37:15.840 --> 37:18.720] not open records, but a freedom of information act request to the attorney general.
[37:18.720 --> 37:24.720] I also made an open act request with the City of Austin, open records request for FIFO for
[37:24.720 --> 37:27.440] TSA, but they're not providing anything.
[37:27.440 --> 37:31.600] The only thing that they provided was fraudulent video, and it...
[37:31.600 --> 37:32.600] Wait.
[37:32.600 --> 37:33.600] Okay.
[37:33.600 --> 37:37.120] On the video, how many cameras did they have?
[37:37.120 --> 37:39.120] There's one camera each.
[37:39.120 --> 37:43.760] All these... There's two... There's one over the X-ray machine, and there's one at
[37:43.760 --> 37:46.600] a separate area, and they only show one camera.
[37:46.600 --> 37:50.160] After all the video, but they only show one.
[37:50.160 --> 37:51.840] That's all they provided was one.
[37:51.840 --> 37:52.840] Okay.
[37:52.840 --> 38:02.480] You need to get that video on YouTube, listed on YouTube as altered video, and good chance
[38:02.480 --> 38:08.160] a videographer out there somewhere will pick it up and take it apart and show how it's
[38:08.160 --> 38:09.160] been altered.
[38:09.160 --> 38:10.160] Yeah.
[38:10.160 --> 38:14.760] You could maybe even get them on as an expert witness, but back to this subpoenaing thing,
[38:14.760 --> 38:19.640] you say you've already subpoenaed, but that was in the former case that got dropped, correct?
[38:19.640 --> 38:26.280] Yes, but what they said they've done is that they pushed it forward to the new case number,
[38:26.280 --> 38:27.280] the new cause number.
[38:27.280 --> 38:28.280] The subpoena they did?
[38:28.280 --> 38:29.280] Yeah.
[38:29.280 --> 38:33.000] They said they put the subpoenas also forward, and I resubmitted all the subpoenas again
[38:33.000 --> 38:34.000] regardless.
[38:34.000 --> 38:35.000] Okay.
[38:35.000 --> 38:36.280] Well, back to this writ of mandamus thing.
[38:36.280 --> 38:44.080] My question here is concerning the fact that you need to file a new motion for continuance
[38:44.080 --> 38:49.280] to continue the October date based on the fact that the court reporter's email is telling
[38:49.280 --> 38:52.680] you she's not going to have the transcript ready by then.
[38:52.680 --> 38:53.680] Forget the old continuance.
[38:53.680 --> 38:59.440] You need another one, and my legal question here for Randy, because I have my own personal
[38:59.440 --> 39:05.880] experiences with petitions for writ of mandamus, and unless every possible remedy is exhausted
[39:05.880 --> 39:12.600] before then, the courts are very rude to give them, and so my question here is that if he
[39:12.600 --> 39:20.800] has not even filed a petition for a continuance yet, then it seems to me that the county court
[39:20.800 --> 39:25.400] is going to say, why are you bothering us about it, to order the municipal court to
[39:25.400 --> 39:29.400] grant him a continuance when he hasn't even asked the municipal court for a continuance
[39:29.400 --> 39:30.400] yet?
[39:30.400 --> 39:35.600] Shouldn't he petition the municipal court for a continuance first and have that denied
[39:35.600 --> 39:41.400] before he petitions the county court to order the municipal court for the continuance?
[39:41.400 --> 39:42.400] Yes.
[39:42.400 --> 39:43.400] Okay.
[39:43.400 --> 39:46.360] That's what I wanted to straighten out.
[39:46.360 --> 39:53.920] I was under the impression that a motion for continuance had already been denied and the
[39:53.920 --> 39:55.120] trial was imminent.
[39:55.120 --> 40:01.080] Well, that was the case, but they just changed all this up a week before trial.
[40:01.080 --> 40:07.320] Right, but what we're saying is that you have to file another petition for continuance based
[40:07.320 --> 40:13.080] on the fact that the court reporter has written to you and told you that she's not going to
[40:13.080 --> 40:16.040] have the transcripts ready by the October date.
[40:16.040 --> 40:20.560] You need to file another petition for continuance, and if they deny it, then you do the mandamus,
[40:20.560 --> 40:22.040] like what Randy's saying.
[40:22.040 --> 40:23.040] Okay.
[40:23.040 --> 40:24.040] Does that make sense?
[40:24.040 --> 40:29.280] It does make sense, because my understanding of writs are generally granted about two percent
[40:29.280 --> 40:30.280] of the time.
[40:30.280 --> 40:32.720] Because you have to exhaust all possibilities.
[40:32.720 --> 40:37.160] Right, and if you haven't even petitioned the court for a motion for continuance yet
[40:37.160 --> 40:41.960] based on this data about the court reporter, I don't think the county court's going to
[40:41.960 --> 40:42.960] grant it.
[40:42.960 --> 40:44.400] They're going to say, why are you bothering us?
[40:44.400 --> 40:47.120] You haven't even asked the municipal court for the continuance yet.
[40:47.120 --> 40:51.000] You have to ask the municipal court for the continuance first, and then it has to get
[40:51.000 --> 40:55.120] denied, and then you petition for the mandamus.
[40:55.120 --> 40:56.640] You may not even need to.
[40:56.640 --> 40:58.360] Just file a motion for continuance.
[40:58.360 --> 41:01.360] Oh.
[41:01.360 --> 41:02.360] You see?
[41:02.360 --> 41:03.360] Okay.
[41:03.360 --> 41:04.360] I do.
[41:04.360 --> 41:05.360] I know.
[41:05.360 --> 41:06.360] I absolutely see.
[41:06.360 --> 41:11.240] I'm just concerned about the tampering with the video, and I don't know how to prove this.
[41:11.240 --> 41:15.600] Well, like Randy said, and like I was saying, post it up on YouTube, and make a call out
[41:15.600 --> 41:21.080] for some videographers to see if they could take it apart and try to prove anything.
[41:21.080 --> 41:26.880] And then also, the other thing is having the transcripts, so that you compare the transcripts
[41:26.880 --> 41:30.320] to the video, and that proves that they committed perjury.
[41:30.320 --> 41:32.840] So somebody's lying.
[41:32.840 --> 41:37.160] Either somebody committed perjury on the witness stand, or the video was tampered with.
[41:37.160 --> 41:38.400] Which one is it?
[41:38.400 --> 41:39.400] Okay?
[41:39.400 --> 41:43.160] But you have to have the... You have to have transcripts first.
[41:43.160 --> 41:48.400] So everything depends on you filing that motion for continuance for the October trial, based
[41:48.400 --> 41:53.280] on the fact that the court reporter has told you she's not going to get them by then.
[41:53.280 --> 41:54.280] You see?
[41:54.280 --> 41:55.280] No.
[41:55.280 --> 41:56.280] I do see.
[41:56.280 --> 42:07.360] There's other conditions too, but no, I do see... Is there... I mean, I'm almost at
[42:07.360 --> 42:11.400] a loss right here.
[42:11.400 --> 42:17.920] It seems to be just such gross aggravated charges, and this doesn't seem to be anywhere
[42:17.920 --> 42:19.240] sort of winding down.
[42:19.240 --> 42:22.560] It seems to be more or less expanding into new problems.
[42:22.560 --> 42:23.560] Okay.
[42:23.560 --> 42:26.760] This is in a municipal court.
[42:26.760 --> 42:28.880] It's classic business.
[42:28.880 --> 42:37.800] They are doing everything they possibly can to get you to fold, and they always get the
[42:37.800 --> 42:39.920] worst before they fold.
[42:39.920 --> 42:46.400] Well, this seems... I would suggest to you that you start writing down, start putting
[42:46.400 --> 42:52.480] together criminal complaints, and go down and start pushing them toward the grand jury.
[42:52.480 --> 42:55.760] Well, getting to the grand jury is pretty difficult.
[42:55.760 --> 42:57.320] No, no, no.
[42:57.320 --> 43:00.040] It doesn't matter if you get to them or not.
[43:00.040 --> 43:01.040] Okay.
[43:01.040 --> 43:06.840] You go down to the court, to the new courthouse.
[43:06.840 --> 43:11.280] As you walk in the door, you look slightly to your right, and there's a guy sitting there
[43:11.280 --> 43:14.240] at a desk, an information desk.
[43:14.240 --> 43:19.680] Just go right behind him, and as soon as you get next to his desk, up in front of you,
[43:19.680 --> 43:21.440] there's a door facing you.
[43:21.440 --> 43:24.080] It's the grand jury's door.
[43:24.080 --> 43:25.720] You just go walk right in.
[43:25.720 --> 43:27.800] There's a bailiff sitting there.
[43:27.800 --> 43:35.240] Tell the bailiff what your name is, and I have business with the grand jury.
[43:35.240 --> 43:39.800] Tell the foreman I have business with the grand jury, and we'll get to the rest of
[43:39.800 --> 43:42.800] it when we get back on the other side.
[43:42.800 --> 43:43.800] All right.
[43:43.800 --> 43:44.800] Hang on the line, Mike.
[43:44.800 --> 43:45.800] Oh, thank you.
[43:45.800 --> 43:46.800] Okay.
[43:46.800 --> 43:49.000] Then we're going to go to the other Mike in Texas after that.
[43:49.000 --> 43:55.240] Callers, if you'd like to call in, 512-646-1984, this is the rule of law.
[43:55.240 --> 43:58.840] We'll be right back.
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[45:14.400 --> 45:28.520] Okay, folks, we're back.
[45:28.520 --> 45:37.000] We're talking with Mike in Texas, and Mike, yeah, they always pull out the worst tantrums
[45:37.000 --> 45:42.760] right before they give up, because it's all smoke and mirrors with those guys, all right?
[45:42.760 --> 45:47.760] And this is a very important case, because this has to do with TSA and the airport situation,
[45:47.760 --> 45:50.080] which is a very serious situation right now.
[45:50.080 --> 45:51.760] So Randy, go ahead.
[45:51.760 --> 45:58.120] You were making some comments right before we went to break.
[45:58.120 --> 45:59.120] I'm still here.
[45:59.120 --> 46:04.120] Is Randy there?
[46:04.120 --> 46:05.120] I'm still here.
[46:05.120 --> 46:06.120] Yeah, I hear you.
[46:06.120 --> 46:07.120] I don't hear Randy.
[46:07.120 --> 46:08.120] Oh, sorry.
[46:08.120 --> 46:09.120] Sorry.
[46:09.120 --> 46:10.120] Okay.
[46:10.120 --> 46:13.120] It looks like we lost Randy.
[46:13.120 --> 46:17.080] Eddie, do you have any comments?
[46:17.080 --> 46:18.080] Not so far.
[46:18.080 --> 46:22.280] Well, I've got a comment for Eddie, and I really appreciate your time, and I'm sorry
[46:22.280 --> 46:28.200] for bothering you guys, but they charged me before the complaint.
[46:28.200 --> 46:30.800] I know that was an issue Monday.
[46:30.800 --> 46:36.600] I have time-stamped certified documents to prove that they charged me before the complaint.
[46:36.600 --> 46:46.200] They dropped and reformulated each other's charges two hours after I had hand-delivered
[46:46.200 --> 46:53.720] a motion for sanctions to them at the prosecutor's office in Austin.
[46:53.720 --> 46:59.360] Are there any potential charges in that?
[46:59.360 --> 47:06.160] My biggest concern is the video, because that's what a jury is going to believe.
[47:06.160 --> 47:07.800] They're going to believe the video.
[47:07.800 --> 47:16.040] I've refreshed myself on rules 901, 902, 1001, 1002, 1003, 1005, and Texas Rules of Evidence
[47:16.040 --> 47:22.800] and United States Rules of Evidence regarding digital recordings.
[47:22.800 --> 47:29.640] They call them photographs.
[47:29.640 --> 47:32.720] The issue is you're saying that the video has been altered.
[47:32.720 --> 47:37.960] In order to prove that, you've got to have the audio and you've got to have the video
[47:37.960 --> 47:41.960] checked by an expert to show that it's been messed with.
[47:41.960 --> 47:44.920] Now, that's easy enough to do in digital.
[47:44.920 --> 47:49.760] There's always a digital fingerprint that's left when someone alters digital anything,
[47:49.760 --> 47:54.120] whether it be audio or video, but you have to know what you're looking for to find it
[47:54.120 --> 47:55.120] and prove it.
[47:55.120 --> 48:01.640] Right, and Mike, the thing is, even if you're not able to prove that, once you get the transcripts
[48:01.640 --> 48:08.320] from the court reporter, then you've proven there's a discrepancy somewhere, okay?
[48:08.320 --> 48:15.960] Either the video has been altered or somebody committed perjury, one or the other.
[48:15.960 --> 48:23.880] Either case, that is data that can be used as exculpatory evidence to get the charges
[48:23.880 --> 48:24.960] dropped against you.
[48:24.960 --> 48:28.720] You don't necessarily have to prove the video was fake.
[48:28.720 --> 48:35.240] All you have to do is show that these guys' testimony does not match this video, so what's
[48:35.240 --> 48:36.800] going on?
[48:36.800 --> 48:40.080] Then you can slap perjury charges on them.
[48:40.080 --> 48:44.480] Somebody's going to have to give somewhere if it doesn't match.
[48:44.480 --> 48:46.480] I cannot get them to give up evidence.
[48:46.480 --> 48:50.480] Well, no, I'm talking about the transcripts from the court reporter.
[48:50.480 --> 48:51.480] I know.
[48:51.480 --> 48:53.640] I can't get them to give up that.
[48:53.640 --> 48:59.040] The motions that I filed are about 600 pages of motions, and almost all of them had to
[48:59.040 --> 49:02.280] do with them just to provide evidence, and they just absolutely...
[49:02.280 --> 49:06.080] Right, but I mean, right now, I'm just talking about the transcripts from the court reporter.
[49:06.080 --> 49:10.080] They refused that, too, and they refused the audio for the court reporter.
[49:10.080 --> 49:13.880] I thought that the court reporter said that she just wouldn't be able to get them in time
[49:13.880 --> 49:14.880] for the trial.
[49:14.880 --> 49:15.880] That's all.
[49:15.880 --> 49:18.880] Well, that is true.
[49:18.880 --> 49:25.920] She did say that, but she also said that she wouldn't provide any electronic recording
[49:25.920 --> 49:30.720] that she made her transcript from.
[49:30.720 --> 49:35.160] You need to file a civil action against the court reporter.
[49:35.160 --> 49:36.560] She's not a public official.
[49:36.560 --> 49:38.560] She has no immunity.
[49:38.560 --> 49:39.560] Okay.
[49:39.560 --> 49:42.680] You send her a tort letter notifying her.
[49:42.680 --> 49:47.040] That's one of the things you have to do, send her a tort letter notifying her of your intent
[49:47.040 --> 49:54.480] to file suit, and that you have reason to believe that she is taking an inordinate amount
[49:54.480 --> 50:06.480] of time to produce transcripts in order to have time to alter those transcripts, and
[50:06.480 --> 50:11.520] we'll figure out how to handle how to say that, but something to let her know you're
[50:11.520 --> 50:13.920] coming after her personally.
[50:13.920 --> 50:20.760] Well, I've got everyone to go after first, and I've got the head judge in Austin is involved
[50:20.760 --> 50:26.520] in this, the head prosecutor in Austin, at least two other prosecutors.
[50:26.520 --> 50:36.800] Now I have two other judges, and I have a court reporter, and the police, and the TSA.
[50:36.800 --> 50:43.840] They're all just being as unresponsive and uncooperative as they could possibly be.
[50:43.840 --> 50:48.280] So you have to just prioritize who is most important, who should be at the top of the
[50:48.280 --> 50:50.640] list, and I'm with Randy.
[50:50.640 --> 50:54.160] The court reporter should be at the top of the list because that's the key to getting
[50:54.160 --> 50:55.600] your exculpatory evidence.
[50:55.600 --> 51:01.960] You've got to get the transcripts of that hearing and show that the testimony does not
[51:01.960 --> 51:03.600] match the video.
[51:03.600 --> 51:09.240] That is key right here, and so before going after all these other guys, go after her first
[51:09.240 --> 51:11.080] and get that motion for continuance in.
[51:11.080 --> 51:14.240] Well, they're going to shield her somehow.
[51:14.240 --> 51:15.240] They can't.
[51:15.240 --> 51:17.600] She's not an officer of the court.
[51:17.600 --> 51:19.600] She's not a public servant.
[51:19.600 --> 51:23.640] There's nothing that they can do to shield her from a civil lawsuit.
[51:23.640 --> 51:25.200] She's got to get her own attorney.
[51:25.200 --> 51:27.520] Well, and she's the weakest.
[51:27.520 --> 51:33.560] They had a court order to produce the audio and video, all audio, all video, and they
[51:33.560 --> 51:38.360] thumbed their nose at the prosecutor's office, thumbed the nose at the judge and said, we're
[51:38.360 --> 51:39.440] not going to do it.
[51:39.440 --> 51:44.920] And so what did the judge, did you move for sanctions for contempt of the prosecutor for
[51:44.920 --> 51:48.120] not doing what the judge ordered him to do?
[51:48.120 --> 51:56.480] I put that into, when they were delinquent in time and on a material, I put in a motion
[51:56.480 --> 51:59.720] for sanctions, which was lost by the clerk of courts.
[51:59.720 --> 52:04.000] I put a second motion for sanctions, which was lost by the clerk of courts.
[52:04.000 --> 52:08.920] Okay, prepare criminal charges against the clerk of the court.
[52:08.920 --> 52:09.920] How do I do that?
[52:09.920 --> 52:10.920] No one is going to take those charges.
[52:10.920 --> 52:13.920] Okay, stop, stop, stop, stop, stop.
[52:13.920 --> 52:14.920] Okay.
[52:14.920 --> 52:15.920] Doesn't matter.
[52:15.920 --> 52:22.720] You take it to the prosecuting attorney, the district attorney, and the district attorney
[52:22.720 --> 52:25.640] refused to act.
[52:25.640 --> 52:30.960] Then you prepare criminal charges against the district attorney because under Article
[52:30.960 --> 52:37.600] 2.03, Code of Criminal Procedure, the district attorney has no discretion.
[52:37.600 --> 52:38.720] But he's going to ignore it.
[52:38.720 --> 52:39.720] They all ignore it.
[52:39.720 --> 52:43.800] Of course they are, of course, of course.
[52:43.800 --> 52:48.760] So let's kick their behinds.
[52:48.760 --> 52:53.840] Don't let that, you know, every time somebody doesn't do what they're supposed to, we get
[52:53.840 --> 52:57.520] all frustrated and think that the sky is falling in.
[52:57.520 --> 53:01.160] We want him not to take it.
[53:01.160 --> 53:03.320] We take it to him, he refuses to take it.
[53:03.320 --> 53:13.360] I got the highest judges in Texas presented to the grand jury over a tiny little thing.
[53:13.360 --> 53:23.240] And the way we do that is you involve more important people in the municipal judges maneuverings.
[53:23.240 --> 53:29.640] These municipal courts, they're the dumbest ones around and they do the dumbest stuff.
[53:29.640 --> 53:34.920] They're in a municipal court because they can't make it as an attorney in the real world.
[53:34.920 --> 53:38.560] The higher judges know better than to do that kind of nonsense.
[53:38.560 --> 53:45.240] So you take charges against the judges, the court recorder, the prosecutor, you take them
[53:45.240 --> 53:47.440] to the district attorney.
[53:47.440 --> 53:49.440] He'll refuse to take them.
[53:49.440 --> 53:50.720] Wonderful.
[53:50.720 --> 53:51.720] That's what you want.
[53:51.720 --> 53:56.160] And then you file criminal charges against the district attorney for violating Article
[53:56.160 --> 54:02.400] 2.03 Code of Criminal Procedure and you go down and Bushwhack a district judge.
[54:02.400 --> 54:09.720] A good one to Bushwhack is the head criminal district judge in Travis County, Bob Perkins.
[54:09.720 --> 54:13.200] You will know exactly what you're doing because I've already done it to it.
[54:13.200 --> 54:17.320] Well, he's going to have an open meeting day where he...
[54:17.320 --> 54:20.560] Yeah, you find out when he's having motion hearings.
[54:20.560 --> 54:25.600] He gets, the attorney's lined up in front of his desk and he just hears one after the
[54:25.600 --> 54:26.600] other.
[54:26.600 --> 54:27.600] So there's lots of breaks.
[54:27.600 --> 54:35.120] So you go in and call the bailiff over and say, you know, tell him your name and say,
[54:35.120 --> 54:37.320] I've got business with the court.
[54:37.320 --> 54:40.880] Will you give this to the judge?
[54:40.880 --> 54:45.600] And he'll either take it or he'll ask you to get in line and ask you to give it to it.
[54:45.600 --> 54:49.480] If you're in a suit or something, you might think you're an attorney and just tell you
[54:49.480 --> 54:51.400] what you need to get in line on over there.
[54:51.400 --> 54:56.560] You give him the verified criminal affidavits when you give him criminal complaints against
[54:56.560 --> 55:02.560] the district attorney for not taking criminal complaints against all these other people.
[55:02.560 --> 55:08.520] When he sees it, he's going to know exactly what it is because I've done it to him before.
[55:08.520 --> 55:13.960] And then if he doesn't take it, if he says, well, you need to give this to a justice of
[55:13.960 --> 55:19.240] the peace, say okay and leave.
[55:19.240 --> 55:25.720] They then make up criminal charges against him for shielding the district attorney from
[55:25.720 --> 55:33.320] prosecution and take those down, go into the grand jury room and they meet every day.
[55:33.320 --> 55:38.520] So just go in that door and right in front of you, there'll be a bailiff sitting at the
[55:38.520 --> 55:39.520] table.
[55:39.520 --> 55:43.480] Tell the bailiff your name, instruct the foreman that I have business with the grand jury.
[55:43.480 --> 55:47.120] And he'll say, man, tell him the nature of the business.
[55:47.120 --> 55:48.120] Give him these.
[55:48.120 --> 55:55.480] There are 12 packages, all of them with criminal complaints against the district judge.
[55:55.480 --> 56:02.440] And what he'll do or she, whichever they have, will call the district attorney.
[56:02.440 --> 56:05.840] And the district attorney will come down and you'll tell the district attorney, I think
[56:05.840 --> 56:12.840] you shouldn't be here as I have criminal charges here against the district judge for not taking
[56:12.840 --> 56:15.540] criminal charges against you.
[56:15.540 --> 56:19.000] So you're compromised, you probably shouldn't be here.
[56:19.000 --> 56:23.720] And they'll do a little song and dance and tell you you have to do something else and
[56:23.720 --> 56:26.820] you say, well, okay.
[56:26.820 --> 56:32.160] And then they'll be on the phone to this municipal court wanting to know what the heck is going
[56:32.160 --> 56:33.760] on here.
[56:33.760 --> 56:40.280] I got a guy down here trying to get the highest judge in the county arrested because he wouldn't
[56:40.280 --> 56:45.380] arrest me because I wouldn't arrest you.
[56:45.380 --> 56:48.160] This is how we get them off the dime.
[56:48.160 --> 56:49.160] Okay.
[56:49.160 --> 56:53.360] Not filing a judicial complaint?
[56:53.360 --> 56:57.320] You can do that, but all that'll do is annoy them.
[56:57.320 --> 57:01.600] You start hammering grand juries and that will terrify them.
[57:01.600 --> 57:05.600] I was going to file a judicial complaint and then put it in my case file that I filed a
[57:05.600 --> 57:06.600] judicial complaint.
[57:06.600 --> 57:07.600] No, don't do that.
[57:07.600 --> 57:10.720] No, you can't do that because once you file a judicial complaint, it's secret.
[57:10.720 --> 57:13.040] You can't go public with it.
[57:13.040 --> 57:14.040] That's not true.
[57:14.040 --> 57:15.040] I thought-
[57:15.040 --> 57:16.800] You don't want to do that anyway.
[57:16.800 --> 57:17.800] Okay.
[57:17.800 --> 57:19.800] Never mention it.
[57:19.800 --> 57:20.800] Okay.
[57:20.800 --> 57:22.360] You don't mention it.
[57:22.360 --> 57:23.360] They can't mention it.
[57:23.360 --> 57:28.440] But I thought 991-91 allowed me to talk about it at will.
[57:28.440 --> 57:31.560] Why would you do that?
[57:31.560 --> 57:32.560] I don't know.
[57:32.560 --> 57:35.680] I'm just trying to get them-
[57:35.680 --> 57:36.680] Okay.
[57:36.680 --> 57:38.880] I'm going to give you a reason not to do that.
[57:38.880 --> 57:39.880] Okay.
[57:39.880 --> 57:42.680] If you bring it up, the judge can talk about it.
[57:42.680 --> 57:43.680] Okay.
[57:43.680 --> 57:49.400] If you don't and the judge brings it up, that's tampering with the witness.
[57:49.400 --> 57:50.400] Okay.
[57:50.400 --> 57:54.800] Then we go right back to the grand jury for that.
[57:54.800 --> 57:55.800] Okay.
[57:55.800 --> 57:56.800] That's a good point.
[57:56.800 --> 58:00.960] So you get to kick him in the behind and he can't even complain about it.
[58:00.960 --> 58:02.960] He can't negotiate with you.
[58:02.960 --> 58:04.200] He can't do anything.
[58:04.200 --> 58:07.800] You're going after his career and he can't do anything about it.
[58:07.800 --> 58:09.960] His municipal judges are also attorneys.
[58:09.960 --> 58:10.960] Make sure you bar-grieve him.
[58:10.960 --> 58:13.880] I want to thank you guys for all the help.
[58:13.880 --> 58:14.880] I really do mean that.
[58:14.880 --> 58:15.880] All right.
[58:15.880 --> 58:16.880] Sure, Mike.
[58:16.880 --> 58:17.880] Feel free to call in any time.
[58:17.880 --> 58:20.880] But you need to get that tort letter off to the court reporter and you need to get that
[58:20.880 --> 58:25.560] motion for continuance in based on the fact that she said that she's not going to have
[58:25.560 --> 58:28.800] the transcripts ready in time and include a copy of that email.
[58:28.800 --> 58:29.800] Okay.
[58:29.800 --> 58:30.800] All right.
[58:30.800 --> 58:31.800] Thank you.
[58:31.800 --> 58:32.800] All right.
[58:32.800 --> 58:33.800] All right, folks.
[58:33.800 --> 58:34.800] We'll be back.
[58:34.800 --> 58:38.280] We're at the top of the hour break.
[58:38.280 --> 58:43.560] We've got another mic in Texas we're going to go to on the other side.
[58:43.560 --> 58:46.160] This is the rule of law.
[58:46.160 --> 58:48.640] We've got Randy Kelton, Eddie Craig and Deborah Stevens.
[58:48.640 --> 58:49.840] We've got one more hour.
[58:49.840 --> 58:52.720] After the next mic in Texas, we've got open phone lines to call in.
[58:52.720 --> 58:53.720] 512-646-1984.
[58:53.720 --> 58:54.720] We'll be right back.
[58:54.720 --> 59:04.720] It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't
[59:04.720 --> 59:08.480] so easy and neither is finding like-minded people to share it with.
[59:08.480 --> 59:11.440] Oh, well, I guess you haven't heard of Brave New Books then.
[59:11.440 --> 59:12.440] Brave New Books?
[59:12.440 --> 59:13.440] Yes.
[59:13.440 --> 59:17.800] Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[59:17.800 --> 59:19.800] Ron Paul and G. Edward Griffin.
[59:19.800 --> 59:23.880] They even stock inner food, Berkey products and Calvin Soaps.
[59:23.880 --> 59:26.120] There's no way a place like that exists.
[59:26.120 --> 59:27.600] Go check it out for yourself.
[59:27.600 --> 59:31.960] It's downtown at 1904 Guadalupe Street just south of UT.
[59:31.960 --> 59:35.360] By UT, there's never anywhere to park down there.
[59:35.360 --> 59:40.600] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[59:40.600 --> 59:43.600] facility just behind the bookstore.
[59:43.600 --> 59:46.560] It does exist, but when are they open?
[59:46.560 --> 59:51.360] Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays.
[59:51.360 --> 59:58.040] So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[59:58.040 --> 01:00:04.120] This news brief brought to you by the International Newsnet.
[01:00:04.120 --> 01:00:09.560] As Mexicans celebrate the 200th anniversary of their independence from Spain, the US Department
[01:00:09.560 --> 01:00:15.000] of Homeland Security has deployed a fleet of Predator drones to patrol the border.
[01:00:15.000 --> 01:00:20.720] Homeland Security has also deployed 1,200 extra troops, part of a $600 million package
[01:00:20.720 --> 01:00:25.800] to combat illegal immigration and spiraling drug violence.
[01:00:25.800 --> 01:00:31.600] Lebanese and Palestinians marked the 28th anniversary of the Sabra and Shatila refugee
[01:00:31.600 --> 01:00:36.960] camp massacres Thursday amid calls for an investigation into the atrocity.
[01:00:36.960 --> 01:00:42.200] While the Israeli army cordoned off the two Palestinian camps on the outskirts of Beirut,
[01:00:42.200 --> 01:00:49.800] Lebanese forces entered the camps and massacred 3,500 unarmed Lebanese and Palestinian residents.
[01:00:49.800 --> 01:00:54.600] Representative Rush Holt announced Thursday the Government Accountability Office is opening
[01:00:54.600 --> 01:01:01.360] an inquiry into an FBI investigation into the 2001 anthrax attacks that killed 5 people.
[01:01:01.360 --> 01:01:07.160] The FBI closed the case in February after concluding Dr. Bruce Ivins committed suicide
[01:01:07.160 --> 01:01:11.680] shortly before Government investigators planned to file charges against him.
[01:01:11.680 --> 01:01:16.440] Holt said, In the wake of the bungled FBI investigation, all of us deserve credible
[01:01:16.440 --> 01:01:20.320] answers about how the attacks happened.
[01:01:20.320 --> 01:01:25.280] The passage of the DREAM Act, for years the subject of sit-ins and hunger strikes, many
[01:01:25.280 --> 01:01:29.920] of which were led by undocumented youth, may soon become a reality.
[01:01:29.920 --> 01:01:34.880] The Act would give permanent residency status to illegal immigrants who complete two years
[01:01:34.880 --> 01:01:38.240] of college or serve in the US military.
[01:01:38.240 --> 01:01:42.920] Senate Majority Leader Harry Reid announced Thursday he would detach the DREAM Act to
[01:01:42.920 --> 01:01:49.660] the fiscal 2011 Defense Authorization Bill, saying Barack Obama had endorsed the move.
[01:01:49.660 --> 01:01:54.280] It is uncertain whether the bill could pass on its own, but linking it to a defense bill
[01:01:54.280 --> 01:01:57.000] increases the likelihood of its passage.
[01:01:57.000 --> 01:02:03.480] Critics say if the DREAM Act passes, an estimated 65,000 undocumented youth would be eligible
[01:02:03.480 --> 01:02:07.600] for college and permanent residency.
[01:02:07.600 --> 01:02:13.360] Asia Times Online reports the process of bringing the Taliban to the negotiating table is gaining
[01:02:13.360 --> 01:02:18.960] momentum with the US and its allies escalating efforts to get out of Afghanistan.
[01:02:18.960 --> 01:02:23.600] The website says the Taliban have agreed to state their position on several issues so
[01:02:23.600 --> 01:02:28.040] that formal talks with Washington will be internationally acceptable.
[01:02:28.040 --> 01:02:33.200] News of the negotiations emerged following the traditional iftar or breaking of the fast
[01:02:33.200 --> 01:02:38.200] dinners in the United Arab Emirates and Saudi Arabia during Ramadan.
[01:02:38.200 --> 01:02:43.260] In previous years these dinners have been purely ceremonial, but this month they resulted
[01:02:43.260 --> 01:02:48.920] in both sides making concrete suggestions and the Saudis and the Pakistani army relaying
[01:02:48.920 --> 01:02:49.920] the messages.
[01:03:19.920 --> 01:03:28.920] Yeah, a story for every month of the year, about how we're not gonna live in this period.
[01:03:28.920 --> 01:03:37.920] Yeah, a story, a story, a story, a story, a story.
[01:03:37.920 --> 01:03:48.920] I will not be by my father's side until he returns.
[01:03:48.920 --> 01:03:58.920] As the river springs and withers I will aid my concern.
[01:03:58.920 --> 01:04:10.920] I will not be by my father's side until he returns.
[01:04:10.920 --> 01:04:23.920] I will not be by my father's side until he returns.
[01:04:23.920 --> 01:04:26.920] Alright, we are back, final hour.
[01:04:26.920 --> 01:04:31.920] We will occupy Jehovah's house until he returns.
[01:04:31.920 --> 01:04:36.920] We're taking our calls, final hour, 512-646-1984.
[01:04:36.920 --> 01:04:39.920] Mike in Texas, thank you for holding so long.
[01:04:39.920 --> 01:04:41.920] What is on your mind tonight?
[01:04:41.920 --> 01:04:42.920] Hey guys, how you doing?
[01:04:42.920 --> 01:04:45.920] Pretty good, what you got for us?
[01:04:45.920 --> 01:04:52.920] I got a question for Randy.
[01:04:52.920 --> 01:05:02.920] My father is selling his business and the guy that he's selling it to, he wants to,
[01:05:02.920 --> 01:05:09.920] my father wants to do a short sale on his home and then the guy who's buying the business
[01:05:09.920 --> 01:05:16.920] is going to buy the house and deed the property over to him, back over to my father, you know,
[01:05:16.920 --> 01:05:23.920] for payment for the business and then pay the rest of it out in monthly payments.
[01:05:23.920 --> 01:05:29.920] And I spoke to a friend of mine who's in the real estate business and he says,
[01:05:29.920 --> 01:05:35.920] that's kind of shady Mike, I don't know if that's a really good idea for you to do that.
[01:05:35.920 --> 01:05:43.920] And I thought maybe we better have like a plan B, you know, in case things don't go well.
[01:05:43.920 --> 01:05:50.920] Wait a minute, he's buying the house from your father, is he assuming a mortgage?
[01:05:50.920 --> 01:05:55.920] Right, in other words, we're doing a short sale on the property
[01:05:55.920 --> 01:06:03.920] and the guy who's buying the business is going to buy the house and just deed it over to my father.
[01:06:03.920 --> 01:06:08.920] Then, okay, then that's not exactly shady, it's just not a mortgage.
[01:06:08.920 --> 01:06:09.920] Right.
[01:06:09.920 --> 01:06:14.920] What it is is a deferred payment installment note.
[01:06:14.920 --> 01:06:20.920] Well, that's how I look at it and I think that's how...
[01:06:20.920 --> 01:06:24.920] I was just reading case law on that today.
[01:06:24.920 --> 01:06:25.920] Really?
[01:06:25.920 --> 01:06:27.920] Odd, you should ask that question today.
[01:06:27.920 --> 01:06:33.920] I was just reading that, that if you make a sale to someone
[01:06:33.920 --> 01:06:41.920] and it does not involve purchase money then it's not a mortgage.
[01:06:41.920 --> 01:06:50.920] If it involves you granting them access to the building but holding title in lieu of payment,
[01:06:50.920 --> 01:06:52.920] that's an installment loan.
[01:06:52.920 --> 01:06:53.920] Okay.
[01:06:53.920 --> 01:07:01.920] So that's just simply an installment loan, it's not a mortgage and that's a private contract.
[01:07:01.920 --> 01:07:10.920] Okay, so in other words, if you put the house up and you're going to do a short sale
[01:07:10.920 --> 01:07:15.920] and the person that you're doing business with, in other words,
[01:07:15.920 --> 01:07:22.920] the person that you're going to transfer your business to buys that property
[01:07:22.920 --> 01:07:27.920] and then just signs the deed over to you, there's nothing wrong with that legally, right?
[01:07:27.920 --> 01:07:28.920] No.
[01:07:28.920 --> 01:07:29.920] I wouldn't think there would be either.
[01:07:29.920 --> 01:07:35.920] If I buy a piece of property, I can do anything with the deed I want to.
[01:07:35.920 --> 01:07:38.920] Yeah, see, that's what I thought too.
[01:07:38.920 --> 01:07:44.920] But from what I understand, the mortgage company doesn't look at it that way.
[01:07:44.920 --> 01:07:46.920] They don't want my dad in that house.
[01:07:46.920 --> 01:07:52.920] They want him to pay the full value of the property, see?
[01:07:52.920 --> 01:07:59.920] Okay, will the short sale turn pay off the mortgage?
[01:07:59.920 --> 01:08:01.920] No, it won't.
[01:08:01.920 --> 01:08:05.920] It will be less than the mortgage.
[01:08:05.920 --> 01:08:07.920] Then what happens to the mortgage?
[01:08:07.920 --> 01:08:17.920] That's why we were advised, you know, maybe you shouldn't put the property in his name.
[01:08:17.920 --> 01:08:23.920] Maybe you should put it in somebody else's name.
[01:08:23.920 --> 01:08:25.920] Wait, I'm not understanding what's going on.
[01:08:25.920 --> 01:08:28.920] Your father has the mortgage on the property, right?
[01:08:28.920 --> 01:08:29.920] Right.
[01:08:29.920 --> 01:08:37.920] Does your father have – can he assign the mortgage to someone else?
[01:08:37.920 --> 01:08:38.920] I don't know.
[01:08:38.920 --> 01:08:39.920] I don't know if he can or not.
[01:08:39.920 --> 01:08:44.920] Okay, either he has to pay off the mortgage.
[01:08:44.920 --> 01:08:49.920] The only thing is the bank holds title.
[01:08:49.920 --> 01:08:54.920] Yeah, and there's probably a lien, and unless the lien amount is paid off,
[01:08:54.920 --> 01:08:58.920] I don't see how the title could transfer.
[01:08:58.920 --> 01:09:07.920] Well, the mortgage company is going – in other words, they put the house up on the market,
[01:09:07.920 --> 01:09:15.920] and the market is saying this house isn't worth the amount of the mortgage.
[01:09:15.920 --> 01:09:26.920] And so we're going to sell the property for the real market value, which you're not going to get.
[01:09:26.920 --> 01:09:31.920] You know, he's not going to pay the mortgage out.
[01:09:31.920 --> 01:09:39.920] So it leaves quite a bit of difference between the amount of the short sale
[01:09:39.920 --> 01:09:41.920] and the amount of the mortgage.
[01:09:41.920 --> 01:09:48.920] And so that's why this friend of mine said that sounds a little shady,
[01:09:48.920 --> 01:09:50.920] and you might want to be careful about that.
[01:09:50.920 --> 01:10:00.920] So I thought we might do a Plan B, and I wanted to ask – what I really wanted to ask you is this.
[01:10:00.920 --> 01:10:09.920] Do you think we should have a fraud examiner examine the mortgage
[01:10:09.920 --> 01:10:12.920] and have that as kind of like a Plan B?
[01:10:12.920 --> 01:10:16.920] So in other words, if the mortgage company tries to muck this up,
[01:10:16.920 --> 01:10:21.920] then we go after them civilly for fraud.
[01:10:21.920 --> 01:10:27.920] Yeah, that may give you leverage to get the mortgage company to make a deal,
[01:10:27.920 --> 01:10:34.920] but the transaction you're talking about, the real estate agent is right.
[01:10:34.920 --> 01:10:42.920] It's unlikely the title will authorize that kind of transfer.
[01:10:42.920 --> 01:10:47.920] I don't think you're going to have the right – not title – the deed of trust,
[01:10:47.920 --> 01:10:53.920] because the bank has a lien against the property.
[01:10:53.920 --> 01:10:59.920] Yeah. And I don't think you're going to be able to transfer title to someone else.
[01:10:59.920 --> 01:11:03.920] You're still going to transfer the lien.
[01:11:03.920 --> 01:11:08.920] So the lien is still going to be in place.
[01:11:08.920 --> 01:11:15.920] I don't understand how someone else would get into a situation like that.
[01:11:15.920 --> 01:11:23.920] If they invest money into a property and then they're subject to –
[01:11:23.920 --> 01:11:26.920] they would be subject to your father paying off that note.
[01:11:26.920 --> 01:11:28.920] Yeah.
[01:11:28.920 --> 01:11:30.920] If he doesn't, they lose everything.
[01:11:30.920 --> 01:11:32.920] Are they aware of that?
[01:11:32.920 --> 01:11:38.920] Well, I'm not sure how that works.
[01:11:38.920 --> 01:11:41.920] Yeah, that's how it would work.
[01:11:41.920 --> 01:11:46.920] It's the property of losing the whole thing.
[01:11:46.920 --> 01:11:51.920] So if they lose, then not only would – if your father's unable to pay the mortgage –
[01:11:51.920 --> 01:11:55.920] Yeah, then they're going to be out the property.
[01:11:55.920 --> 01:11:56.920] Then it will get repossessed.
[01:11:56.920 --> 01:11:59.920] Yeah, not only will you have the bank coming after your father,
[01:11:59.920 --> 01:12:05.920] he'll have the people who make the short sale coming after your father.
[01:12:05.920 --> 01:12:06.920] Yeah.
[01:12:06.920 --> 01:12:09.920] That could get really deep water.
[01:12:09.920 --> 01:12:10.920] Yeah.
[01:12:10.920 --> 01:12:14.920] Unless there's some way that the new person could assume the mortgage,
[01:12:14.920 --> 01:12:18.920] but that's not what you guys are talking about, right?
[01:12:18.920 --> 01:12:23.920] Right, because there's no way he's going to sell property for the amount of the mortgage.
[01:12:23.920 --> 01:12:26.920] It's not going to happen.
[01:12:26.920 --> 01:12:33.920] The property value has dropped drastically.
[01:12:33.920 --> 01:12:35.920] Yeah, and it's going to keep dropping.
[01:12:35.920 --> 01:12:36.920] Yeah, I know.
[01:12:36.920 --> 01:12:43.920] He's only been in that house for maybe six years.
[01:12:43.920 --> 01:12:49.920] So when he got into it, it was way inflated.
[01:12:49.920 --> 01:12:55.920] The property value was – and it went – for the first couple of years,
[01:12:55.920 --> 01:12:57.920] the property value went up.
[01:12:57.920 --> 01:13:01.920] And then, of course, in that way, it just crashed.
[01:13:01.920 --> 01:13:03.920] And it's going to keep crashing.
[01:13:03.920 --> 01:13:07.920] I have a suggestion that I don't want to tell on the air.
[01:13:07.920 --> 01:13:08.920] Okay.
[01:13:08.920 --> 01:13:12.920] Call me off the air, and I have some suggestions of what you might do.
[01:13:12.920 --> 01:13:14.920] What do you want me to do?
[01:13:14.920 --> 01:13:16.920] You want me to shoot you an email?
[01:13:16.920 --> 01:13:19.920] Yeah, shoot me an email.
[01:13:19.920 --> 01:13:25.920] But that transaction you're talking about – and again, I'm not an attorney,
[01:13:25.920 --> 01:13:34.920] but – and this is a little more complex than usual, but it sounds like whoever
[01:13:34.920 --> 01:13:40.920] this guy is who's willing to do the short sale and do these machinations is not
[01:13:40.920 --> 01:13:44.920] very savvy or he's got something else up his sleeve.
[01:13:44.920 --> 01:13:47.920] Yeah, I'm kind of concerned about that, too.
[01:13:47.920 --> 01:13:53.920] But my friend, the guy that's in the real estate business, he said – he says,
[01:13:53.920 --> 01:13:58.920] you never, ever do a short sale without a real estate attorney, ever, ever, ever.
[01:13:58.920 --> 01:14:01.920] He said, you've got to get a good one, too.
[01:14:01.920 --> 01:14:03.920] I would tend to agree.
[01:14:03.920 --> 01:14:04.920] Yeah.
[01:14:04.920 --> 01:14:07.920] So we're going to take that step.
[01:14:07.920 --> 01:14:13.920] And I thought as a plan B, we might do a fraud examination.
[01:14:13.920 --> 01:14:15.920] Yeah, you can do that.
[01:14:15.920 --> 01:14:20.920] And if you get a high enough claim against the lender and a good enough hold on him,
[01:14:20.920 --> 01:14:26.920] you might just want to send him a qualified written request first and a tort letter,
[01:14:26.920 --> 01:14:28.920] letting him know what you intend to do.
[01:14:28.920 --> 01:14:32.920] This way you haven't kicked him in his teeth yet,
[01:14:32.920 --> 01:14:37.920] so he doesn't have to steel himself against your onslaught.
[01:14:37.920 --> 01:14:38.920] Yeah.
[01:14:38.920 --> 01:14:41.920] But you let him know what you're going to come after him with
[01:14:41.920 --> 01:14:46.920] and give him opportunity to come to the table and make a deal.
[01:14:46.920 --> 01:14:50.920] Hey, I have another question.
[01:14:50.920 --> 01:14:56.920] I hope I'm not taking up too much time.
[01:14:56.920 --> 01:15:03.920] You have the supposed lender, right?
[01:15:03.920 --> 01:15:08.920] And then you have the loan servicing agent, right?
[01:15:08.920 --> 01:15:14.920] Yes.
[01:15:14.920 --> 01:15:16.920] Who do you go after?
[01:15:16.920 --> 01:15:20.920] Do you go after the loan servicing agent or do you go after the...
[01:15:20.920 --> 01:15:25.920] Like you were saying earlier, you can't even determine who holds the note anymore.
[01:15:25.920 --> 01:15:31.920] Right, and they go out of their way to create a situation where you can't.
[01:15:31.920 --> 01:15:41.920] But whoever, if the servicer claims not to be the holder of the note,
[01:15:41.920 --> 01:15:47.920] then the servicer is required to tell you who the holder of the note is.
[01:15:47.920 --> 01:15:49.920] Right.
[01:15:49.920 --> 01:15:56.920] And if you go after the servicer and he's the wrong person, he'll tell you.
[01:15:56.920 --> 01:15:57.920] Yeah.
[01:15:57.920 --> 01:16:00.920] In a motion to dismiss that I'm not the right guy.
[01:16:00.920 --> 01:16:01.920] Yeah.
[01:16:01.920 --> 01:16:05.920] And then you can argue with him saying...
[01:16:05.920 --> 01:16:06.920] Well, then who is?
[01:16:06.920 --> 01:16:11.920] You haven't advised me of who the holder is.
[01:16:11.920 --> 01:16:13.920] Therefore, I must assume you are the holder.
[01:16:13.920 --> 01:16:20.920] And besides, the real estate settlement procedures act says that if you are the holder,
[01:16:20.920 --> 01:16:24.920] then you are equally liable to anyone else.
[01:16:24.920 --> 01:16:31.920] And in a case of fraud, if by the act of servicing this fraudulent note
[01:16:31.920 --> 01:16:37.920] you received unjust enrichment, you are liable anyway.
[01:16:37.920 --> 01:16:39.920] You make this argument...
[01:16:39.920 --> 01:16:45.920] That's like Hitler ordering the Nazis...
[01:16:45.920 --> 01:16:48.920] Okay, we've got to go to break.
[01:16:48.920 --> 01:16:52.920] I'll pick this up on the other side and kind of finish off that.
[01:16:52.920 --> 01:16:56.920] This is Randy Kelton, Eddie Craig, Debra Stevens, Rubo Law Radio.
[01:16:56.920 --> 01:17:01.920] We'll be right back.
[01:17:01.920 --> 01:17:06.920] Capital Coin and Bullion is your local source for rare coins, precious metals
[01:17:06.920 --> 01:17:09.920] and coin supplies in the Austin metro area.
[01:17:09.920 --> 01:17:11.920] We also ship worldwide.
[01:17:11.920 --> 01:17:14.920] We are a family-owned and operated business that offers competitive prices
[01:17:14.920 --> 01:17:16.920] on your coin and metals purchases.
[01:17:16.920 --> 01:17:21.920] We buy, sell, trade and consign rare coins, gold and silver coin collections,
[01:17:21.920 --> 01:17:23.920] precious metals and scrap gold.
[01:17:23.920 --> 01:17:27.920] We will purchase and sell gold and jewelry items as well.
[01:17:27.920 --> 01:17:30.920] We offer daily specials on coins and bullions.
[01:17:30.920 --> 01:17:34.920] We're located at 5448 Barnett Road, Suite 3,
[01:17:34.920 --> 01:17:40.920] and we're open Monday through Friday, 10 a.m. to 6 p.m. Saturdays, 10 a.m. to 5 p.m.
[01:17:40.920 --> 01:17:43.920] You are welcome to stop in our shop during regular business hours
[01:17:43.920 --> 01:17:48.920] or call 512-646-6440 with any questions.
[01:17:48.920 --> 01:17:53.920] As for Chad, say you heard about us on Rubo Law Radio or 90.1 FM,
[01:17:53.920 --> 01:18:02.920] that's Capital Coin and Bullion, 512-646-6440.
[01:18:02.920 --> 01:18:25.920] Oh, come on.
[01:18:25.920 --> 01:18:36.920] If I can't get everything I want, if I get a range, yeah.
[01:18:36.920 --> 01:18:47.920] If I can't get everything I need, if I get a range, yeah.
[01:18:47.920 --> 01:18:59.920] If people of the world can get happiness and peace, if I get a range, yeah.
[01:18:59.920 --> 01:19:22.920] If we can't get all these crazy rewards to see, maybe I got a range, yeah.
[01:19:22.920 --> 01:19:33.920] If people of the world can get a little bitty smidge in the hole, could I get a range, yeah.
[01:19:33.920 --> 01:19:41.920] I want to reach the top of the hill, sliding on a slippery slope, looking for a range, yeah.
[01:19:41.920 --> 01:19:43.920] Okay, we're back.
[01:19:43.920 --> 01:19:46.920] This is Randy Kelvin, this is Steve, this is Greg.
[01:19:46.920 --> 01:19:53.920] This is Rubo Law Radio, and we were talking about how to pressure the lender
[01:19:53.920 --> 01:19:55.920] and what you could do to get him off the dime.
[01:19:55.920 --> 01:19:59.920] And I think you had another question, Mike.
[01:19:59.920 --> 01:20:01.920] Actually, yes, I do.
[01:20:01.920 --> 01:20:04.920] I have a question for Deborah.
[01:20:04.920 --> 01:20:06.920] Okay.
[01:20:06.920 --> 01:20:10.920] I missed, I kind of liked the very beginning of the show,
[01:20:10.920 --> 01:20:14.920] but I missed like that whole segment on the privacy.
[01:20:14.920 --> 01:20:26.920] I was wondering if you had an email service, you know, that is private, sort of like StartPage.
[01:20:26.920 --> 01:20:34.920] Well, yeah, there is an email service called Hushmail that, yeah, and I do use that.
[01:20:34.920 --> 01:20:36.920] I don't use that as a matter of course.
[01:20:36.920 --> 01:20:40.920] And I have a lot of email filters on my Deborah at Rule of Law Radio,
[01:20:40.920 --> 01:20:46.920] so folks, if I don't always answer, it means that your email may not have gotten through, you know,
[01:20:46.920 --> 01:20:52.920] because that's, you know, I just, I have got some filters set up, you know, to filter out spam,
[01:20:52.920 --> 01:20:55.920] and I just don't always have time to go through my spam box,
[01:20:55.920 --> 01:20:57.920] and some of this stuff just doesn't get through at all.
[01:20:57.920 --> 01:21:03.920] And, you know, folks out there may or may not get notified if your email doesn't get through to me, you know.
[01:21:03.920 --> 01:21:09.920] But at any rate, there is something called Hushmail, which is encrypted email,
[01:21:09.920 --> 01:21:13.920] and both people have to have a Hushmail account.
[01:21:13.920 --> 01:21:20.920] And, you know, it's a little bit of a process that you have to go through because there's access codes
[01:21:20.920 --> 01:21:27.920] and stuff like that, and you send somebody an email through Hushmail, and then, you know,
[01:21:27.920 --> 01:21:33.920] you get an access code, and you have to put in the access code in order to access the email.
[01:21:33.920 --> 01:21:35.920] And it's a little bit of a process.
[01:21:35.920 --> 01:21:41.920] Now, in general, I don't use the Hushmail just for normal, everyday purposes
[01:21:41.920 --> 01:21:45.920] because it's just too much rigmarole to have to go through.
[01:21:45.920 --> 01:21:52.920] But if you want to have encrypted communication, then that's the way to go
[01:21:52.920 --> 01:21:58.920] because you just have to assume whatever you send over email is public, you know.
[01:21:58.920 --> 01:22:00.920] It's going to, it's likely going to fall in.
[01:22:00.920 --> 01:22:03.920] It's going to get gone through and put some kind of dossier somewhere.
[01:22:03.920 --> 01:22:04.920] Right, exactly.
[01:22:04.920 --> 01:22:06.920] Well, especially if you're going to use Gmail.
[01:22:06.920 --> 01:22:13.920] Okay, and now it's coming to light that even Yahoo and Hotmail, that similar things are going on.
[01:22:13.920 --> 01:22:18.920] And, like I said, I pretty much, Catherine Albrecht has decided she's not going to,
[01:22:18.920 --> 01:22:21.920] she doesn't email back and forth between people that use Gmail.
[01:22:21.920 --> 01:22:22.920] She's just not going to do it.
[01:22:22.920 --> 01:22:26.920] If you want to communicate with Catherine Albrecht, you have to get another account if you have Gmail.
[01:22:26.920 --> 01:22:29.920] And I've pretty much decided I'm going to implement the same policy.
[01:22:29.920 --> 01:22:30.920] I'm not going to deal with Gmail.
[01:22:30.920 --> 01:22:33.920] If you want to communicate with me, you're going to have to get a different email.
[01:22:33.920 --> 01:22:35.920] You know, just on a matter of principle.
[01:22:35.920 --> 01:22:38.920] I'm boycotting Google and Gmail altogether.
[01:22:38.920 --> 01:22:44.920] Well, you know, I think it will catch on.
[01:22:44.920 --> 01:22:45.920] I really do.
[01:22:45.920 --> 01:22:53.920] I think people are becoming more and more and more concerned about their emails.
[01:22:53.920 --> 01:22:57.920] And I think that idea is going to catch on.
[01:22:57.920 --> 01:23:01.920] I'm really, that's what I'm going to do.
[01:23:01.920 --> 01:23:07.920] Yes, so the hush mail is good, but like I said, you have to go through a process, you know,
[01:23:07.920 --> 01:23:13.920] and the other person, in order for it to be encrypted, it has to be encrypted on both ends.
[01:23:13.920 --> 01:23:15.920] So both people have to have it.
[01:23:15.920 --> 01:23:16.920] Right.
[01:23:16.920 --> 01:23:18.920] You know, so there's...
[01:23:18.920 --> 01:23:23.920] A lot of my friends are going to be, if I, I'm going to try, I'm going to do it myself,
[01:23:23.920 --> 01:23:26.920] and then I'm going to talk to a lot of my friends about that,
[01:23:26.920 --> 01:23:29.920] and I'm pretty sure they're going to want to do the same thing,
[01:23:29.920 --> 01:23:36.920] because I'm hearing a lot more lately about, you know,
[01:23:36.920 --> 01:23:41.920] people are becoming a lot more aware that everything that they're doing is being watched.
[01:23:41.920 --> 01:23:44.920] Well, and the same thing goes with chats.
[01:23:44.920 --> 01:23:45.920] Yeah.
[01:23:45.920 --> 01:23:48.920] And so if you're going to use a chat program,
[01:23:48.920 --> 01:23:54.920] you want to make sure that you're using an OTR plugin for encryption to encrypt the chats.
[01:23:54.920 --> 01:23:55.920] Wow.
[01:23:55.920 --> 01:23:59.920] But both people have to have the plugin, and then you send, you'll send, like,
[01:23:59.920 --> 01:24:04.920] access codes to each other over, like, a text message or a cell phone or something like that.
[01:24:04.920 --> 01:24:05.920] And so you can do encrypted...
[01:24:05.920 --> 01:24:06.920] Okay, cool.
[01:24:06.920 --> 01:24:08.920] I really like that.
[01:24:08.920 --> 01:24:10.920] Now, Skype is automatically encrypted,
[01:24:10.920 --> 01:24:13.920] but they have their own proprietary encryption system,
[01:24:13.920 --> 01:24:15.920] so may not necessarily want to trust it,
[01:24:15.920 --> 01:24:21.920] but it's better than just chatting totally unencrypted altogether.
[01:24:21.920 --> 01:24:22.920] Right.
[01:24:22.920 --> 01:24:27.920] I mean, somebody would have to be sniffing your IP and the packets
[01:24:27.920 --> 01:24:32.920] and specifically sorting out the packets and unencrypting them.
[01:24:32.920 --> 01:24:36.920] I mean, it would be a lot of trouble and a lot of work.
[01:24:36.920 --> 01:24:37.920] You know, it's...
[01:24:37.920 --> 01:24:39.920] What about Linux also?
[01:24:39.920 --> 01:24:43.920] I hear about Linux, like, if you're concerned about your privacy,
[01:24:43.920 --> 01:24:47.920] to use Linux as an operating system.
[01:24:47.920 --> 01:24:52.920] Well, it's certainly, it's certainly more secure just for the simple fact that
[01:24:52.920 --> 01:24:56.920] the spyware makers and the virus makers don't make,
[01:24:56.920 --> 01:25:00.920] don't target Linux as much because not as many people use it,
[01:25:00.920 --> 01:25:03.920] but as far as, you know, just general Internet activity,
[01:25:03.920 --> 01:25:05.920] you're going to want to use something like Start Page
[01:25:05.920 --> 01:25:08.920] and make sure you use the secure socket layer search
[01:25:08.920 --> 01:25:15.920] where you go into your, into the settings on Start Page and you choose SSL.
[01:25:15.920 --> 01:25:17.920] You know...
[01:25:17.920 --> 01:25:21.920] I've been using Start Page exclusively, and guess where I heard it first?
[01:25:21.920 --> 01:25:22.920] Where?
[01:25:22.920 --> 01:25:24.920] On Rule of Law Radio.
[01:25:24.920 --> 01:25:26.920] All right.
[01:25:26.920 --> 01:25:28.920] Well, like I said, if you want the...
[01:25:28.920 --> 01:25:31.920] Now, the thing with Start Page, they do not record your IP address
[01:25:31.920 --> 01:25:34.920] and they do not record, you know, they don't keep your IP address
[01:25:34.920 --> 01:25:36.920] and they don't keep your keywords that you search for.
[01:25:36.920 --> 01:25:40.920] However, as far as the data that you're sending out from your IP address,
[01:25:40.920 --> 01:25:45.920] it's not encrypted what you're searching for unless you use
[01:25:45.920 --> 01:25:49.920] secure socket layer encryption settings on Start Page,
[01:25:49.920 --> 01:25:51.920] which you go into the settings and you'll see the SSL,
[01:25:51.920 --> 01:25:58.920] and if it says HTTPS colon slash slash and the X quick,
[01:25:58.920 --> 01:26:03.920] then you know you're on secure search, and at that point, you know,
[01:26:03.920 --> 01:26:07.920] it's an encrypted connection between you and Start Page,
[01:26:07.920 --> 01:26:10.920] so somebody would have to de-encrypt the packets in order to know
[01:26:10.920 --> 01:26:13.920] what you were searching for, and at that point...
[01:26:13.920 --> 01:26:15.920] I've got to make sure and check my settings then.
[01:26:15.920 --> 01:26:18.920] Yes, and you may have to redo it every single time
[01:26:18.920 --> 01:26:20.920] depending on your privacy settings of your browser,
[01:26:20.920 --> 01:26:23.920] if it deletes all the cookies every time and stuff like that.
[01:26:23.920 --> 01:26:29.920] Now, once you leave that page, though, then what you're sending is not encrypted.
[01:26:29.920 --> 01:26:33.920] Okay, so that's why I was saying when your list of websites come up
[01:26:33.920 --> 01:26:37.920] on the Start Page search page, if you just click on the main link,
[01:26:37.920 --> 01:26:40.920] you're going to leave the secure socket layer connection.
[01:26:40.920 --> 01:26:42.920] You're going to leave the encrypted connection,
[01:26:42.920 --> 01:26:46.920] and anybody who's monitoring your IP address will know that you went
[01:26:46.920 --> 01:26:51.920] to that particular website, but if you click on the proxy link,
[01:26:51.920 --> 01:26:59.920] then your connection is redirected through proxy servers to access the website,
[01:26:59.920 --> 01:27:04.920] and so it's pure anonymous web surfing.
[01:27:04.920 --> 01:27:06.920] That's awesome. I had no idea.
[01:27:06.920 --> 01:27:11.920] Yes, so if you want to do purely anonymous web surfing,
[01:27:11.920 --> 01:27:14.920] then you do the secure socket layer search on Start Page,
[01:27:14.920 --> 01:27:16.920] and then you click on the proxy links.
[01:27:16.920 --> 01:27:21.920] Now, the only downside to the proxy surfing or the proxy connection
[01:27:21.920 --> 01:27:25.920] is that you can't have full interaction with the website.
[01:27:25.920 --> 01:27:27.920] In other words, you can't fill out forms.
[01:27:27.920 --> 01:27:30.920] You can't make online purchases.
[01:27:30.920 --> 01:27:35.920] You can't establish a secure socket layer encrypted connection directly
[01:27:35.920 --> 01:27:40.920] with that website if you're accessing the website via proxy.
[01:27:40.920 --> 01:27:42.920] Yes, but as far as surfing and researching.
[01:27:42.920 --> 01:27:48.920] Yes, absolutely, and Start Page has like a network of proxy servers,
[01:27:48.920 --> 01:27:53.920] and there's other ways of anonymously surfing via proxy, too,
[01:27:53.920 --> 01:27:57.920] but up until this point, it's always been very slow.
[01:27:57.920 --> 01:28:01.920] It takes a whole minute or something for the web page to load
[01:28:01.920 --> 01:28:07.920] because you're hitting very slow proxy servers in other countries,
[01:28:07.920 --> 01:28:09.920] third world countries and stuff like that,
[01:28:09.920 --> 01:28:12.920] but XQuick has set up this network of proxy servers.
[01:28:12.920 --> 01:28:15.920] Now, there are other services that offer proxy surfing,
[01:28:15.920 --> 01:28:17.920] but I don't really trust them as much,
[01:28:17.920 --> 01:28:23.920] and there's another way of proxy surfing called Tor, T-O-R.
[01:28:23.920 --> 01:28:26.920] Look that up, but it's a lot slower.
[01:28:26.920 --> 01:28:30.920] So yes, the hush mail is the way to go for the encrypted email,
[01:28:30.920 --> 01:28:35.920] and use an OTR plug-in for your chats, but both people have to use it,
[01:28:35.920 --> 01:28:37.920] so you can have encrypted chats.
[01:28:37.920 --> 01:28:39.920] That's awesome. Thank you so much.
[01:28:39.920 --> 01:28:40.920] Okay.
[01:28:40.920 --> 01:28:42.920] Hey, can I ask Eddie a quick question?
[01:28:42.920 --> 01:28:44.920] Sure, go ahead.
[01:28:44.920 --> 01:28:49.920] Hey, Eddie, on your traffic seminar,
[01:28:49.920 --> 01:28:53.920] do you go through all the different forms
[01:28:53.920 --> 01:28:56.920] and complaints and motions and all that stuff
[01:28:56.920 --> 01:29:01.920] so that you can kind of have like a standardized set of documents
[01:29:01.920 --> 01:29:04.920] in case, you know, you get pulled over or whatever?
[01:29:04.920 --> 01:29:09.920] There is a standard set of documents contained in there for filing in court, yes.
[01:29:09.920 --> 01:29:11.920] They're not actually in the book,
[01:29:11.920 --> 01:29:15.920] though the principles on which they're based are discussed in the book.
[01:29:15.920 --> 01:29:16.920] Yeah.
[01:29:16.920 --> 01:29:20.920] But all of the motions are included with the seminar package,
[01:29:20.920 --> 01:29:23.920] and they're constantly being updated by me.
[01:29:23.920 --> 01:29:27.920] And as I get feedback from other people about their cases
[01:29:27.920 --> 01:29:29.920] and what the judge did or didn't do,
[01:29:29.920 --> 01:29:32.920] then I go back and research law in a given area,
[01:29:32.920 --> 01:29:36.920] and I add that to another motion or to one of the existing ones
[01:29:36.920 --> 01:29:38.920] and get it updated for it.
[01:29:38.920 --> 01:29:40.920] That is awesome.
[01:29:40.920 --> 01:29:43.920] That's my next purchase right there.
[01:29:43.920 --> 01:29:44.920] All right.
[01:29:44.920 --> 01:29:45.920] Thanks, Mike.
[01:29:45.920 --> 01:29:46.920] Thank you, guys.
[01:29:46.920 --> 01:29:47.920] I love you guys.
[01:29:47.920 --> 01:29:48.920] Okay.
[01:29:48.920 --> 01:29:49.920] You have a good night.
[01:29:49.920 --> 01:29:50.920] You too.
[01:29:50.920 --> 01:29:51.920] Okay.
[01:29:51.920 --> 01:29:53.920] We'll be taking more of your calls when we get back on the other side.
[01:29:53.920 --> 01:29:54.920] We've got a half an hour left.
[01:29:54.920 --> 01:30:00.920] Only one other caller on the board, so call in 512-646-1984.
[01:30:00.920 --> 01:30:03.920] Top 10 reasons to question the official story of the Oklahoma City bombing,
[01:30:03.920 --> 01:30:04.920] reason number five.
[01:30:04.920 --> 01:30:06.920] As witnessed by millions of viewers,
[01:30:06.920 --> 01:30:08.920] the rescue efforts were interrupted several times
[01:30:08.920 --> 01:30:10.920] due to the presence of other explosives.
[01:30:10.920 --> 01:30:13.920] Government log entries indicate and witnesses report
[01:30:13.920 --> 01:30:15.920] that after the initial devastating blast,
[01:30:15.920 --> 01:30:17.920] a bomb complete with timer was discovered
[01:30:17.920 --> 01:30:19.920] and removed from wreckage by the bomb squad.
[01:30:19.920 --> 01:30:23.920] Yet we are told it's all due to baseless bomb scares or other contrivances.
[01:30:23.920 --> 01:30:25.920] So while officials try to sort out their stories,
[01:30:25.920 --> 01:30:27.920] all we ask is who planted these bombs
[01:30:27.920 --> 01:30:29.920] and why is the government lying about them?
[01:30:29.920 --> 01:30:32.920] For more information, go to okcbombingtruth.com.
[01:30:32.920 --> 01:30:36.920] If a special driver's license could be scanned from across the street,
[01:30:36.920 --> 01:30:37.920] would you put one in your pocket?
[01:30:37.920 --> 01:30:40.920] If your state borders Canada or Mexico, you may already have.
[01:30:40.920 --> 01:30:44.920] I'm Dr. Catherine Albrecht, and I'll explain in a moment.
[01:30:44.920 --> 01:30:46.920] Privacy is under attack.
[01:30:46.920 --> 01:30:50.920] When you give up data about yourself, you'll never get it back again.
[01:30:50.920 --> 01:30:51.920] And once your privacy is gone,
[01:30:51.920 --> 01:30:54.920] you'll find your freedoms will start to vanish too.
[01:30:54.920 --> 01:30:57.920] So protect your rights, say no to surveillance,
[01:30:57.920 --> 01:31:00.920] and keep your information to yourself.
[01:31:00.920 --> 01:31:02.920] Privacy, it's worth hanging on to.
[01:31:02.920 --> 01:31:06.920] This public service announcement is brought to you by Startpage.com,
[01:31:06.920 --> 01:31:10.920] the private search engine alternative to Google, Yahoo, and Bing.
[01:31:10.920 --> 01:31:13.920] Start over with Startpage.
[01:31:13.920 --> 01:31:17.920] Thousands of Americans have a dangerous tracking device in their wallets
[01:31:17.920 --> 01:31:19.920] called an enhanced driver's license.
[01:31:19.920 --> 01:31:22.920] The cards contain RFID, radio frequency microchips,
[01:31:22.920 --> 01:31:27.920] that let border guards scan them from a distance as you cross into Canada or Mexico.
[01:31:27.920 --> 01:31:30.920] Trouble is, big brother governments, marketers, and stalkers
[01:31:30.920 --> 01:31:34.920] can scan the unique ID numbers too, right through your pocket or purse.
[01:31:34.920 --> 01:31:38.920] IBM wants person tracking units to watch you everywhere you go.
[01:31:38.920 --> 01:31:40.920] Even Walmart shelves can read them.
[01:31:40.920 --> 01:31:44.920] Fortunately, only border states issue enhanced driver's licenses for now,
[01:31:44.920 --> 01:31:46.920] and you have to apply and pay a fee to get one.
[01:31:46.920 --> 01:31:48.920] I strongly suggest you don't.
[01:31:48.920 --> 01:31:50.920] I'm Dr. Katherine Albrecht.
[01:31:50.920 --> 01:31:53.920] More news and information at KatherineAlbrecht.com.
[01:31:53.920 --> 01:32:06.920] Music
[01:32:06.920 --> 01:32:10.920] I see a tool, I see a tool
[01:32:10.920 --> 01:32:14.920] You have it done, you have it done, you have it done
[01:32:14.920 --> 01:32:17.920] I've got tools of ingenuity
[01:32:17.920 --> 01:32:20.920] To use against the workers of iniquity
[01:32:20.920 --> 01:32:23.920] Tools of massacrability
[01:32:23.920 --> 01:32:26.920] Failure of all eternity
[01:32:26.920 --> 01:32:29.920] They come from natural divinity
[01:32:29.920 --> 01:32:33.920] They step past roots and authenticity
[01:32:33.920 --> 01:32:35.920] Tools to regain iniquity
[01:32:35.920 --> 01:32:39.920] Rebellion, crime, and invisibility
[01:32:39.920 --> 01:32:41.920] And I say, truth
[01:32:41.920 --> 01:32:45.920] Okay folks, we've got some tools of ingenuity here.
[01:32:45.920 --> 01:32:47.920] We've got to get creative.
[01:32:47.920 --> 01:32:51.920] We've got start page, we've got hush mail,
[01:32:51.920 --> 01:32:56.920] we've got anonymous proxy surfing, web surfing,
[01:32:56.920 --> 01:33:00.920] secured socket layer, searching.
[01:33:00.920 --> 01:33:03.920] We've got quick QIK.
[01:33:03.920 --> 01:33:08.920] Got an email during the show, someone wanting me to repeat that.
[01:33:08.920 --> 01:33:14.920] So for folks who want to do live video streaming directly to the internet,
[01:33:14.920 --> 01:33:19.920] especially in these situations where you're dealing with public serpents
[01:33:19.920 --> 01:33:25.920] that may want to grab your camera or your phone and break it or delete the file, etc.
[01:33:25.920 --> 01:33:32.920] You stream it live, stream the video live to the internet on quick QIK.com.
[01:33:32.920 --> 01:33:35.920] You download the app, get it on your phone, get the login set up,
[01:33:35.920 --> 01:33:38.920] and then all you've got to do is push two buttons,
[01:33:38.920 --> 01:33:41.920] one to activate the app and then the other for record,
[01:33:41.920 --> 01:33:45.920] and there you go, you're live video streaming to the internet
[01:33:45.920 --> 01:33:51.920] and it can't be deleted unless you log into your account and delete it off the web page.
[01:33:51.920 --> 01:33:56.920] So QIK, quick.com, please go there, get the app.
[01:33:56.920 --> 01:34:02.920] Okay, we are going now to Paul in Texas and then Tony in Illinois.
[01:34:02.920 --> 01:34:05.920] Paul in Texas, first on caller, thanks for calling in.
[01:34:05.920 --> 01:34:07.920] What is your question for us tonight?
[01:34:07.920 --> 01:34:12.920] It's very similar to the earlier caller about the mortgage,
[01:34:12.920 --> 01:34:18.920] and I basically went through getting a petition deed recently,
[01:34:18.920 --> 01:34:25.920] and in that process I found out that there were a lot of wrong things in the mortgage,
[01:34:25.920 --> 01:34:28.920] the things the mortgage company did improperly.
[01:34:28.920 --> 01:34:43.920] So I need to know what steps can I take to call in that mortgage, get that mortgage voided.
[01:34:43.920 --> 01:34:47.920] Randy?
[01:34:47.920 --> 01:34:50.920] We may have lost Randy.
[01:34:50.920 --> 01:34:52.920] Yeah, go ahead.
[01:34:52.920 --> 01:34:54.920] We're waiting for Randy to respond.
[01:34:54.920 --> 01:34:59.920] Oh, okay, Randy.
[01:34:59.920 --> 01:35:04.920] The thing about Linux is that you just have a secure password
[01:35:04.920 --> 01:35:08.920] and make sure you close as many ports as you can.
[01:35:08.920 --> 01:35:12.920] That's the trick with Linux on security, I think.
[01:35:12.920 --> 01:35:15.920] This mortgage thing, what would be the process?
[01:35:15.920 --> 01:35:20.920] What would be the steps to get a fraudulent mortgage voided?
[01:35:20.920 --> 01:35:23.920] What steps would you go through?
[01:35:23.920 --> 01:35:26.920] Well, Randy's the expert on that, but we're waiting on him right now.
[01:35:26.920 --> 01:35:28.920] Oh, okay, is he Skyping in or something?
[01:35:28.920 --> 01:35:36.920] No.
[01:35:36.920 --> 01:35:41.920] I don't know where he is.
[01:35:41.920 --> 01:35:44.920] Okay, maybe he passed out in his chair or something.
[01:35:44.920 --> 01:35:52.920] Does he have a website or something that I could, some way I could get in touch with him offline?
[01:35:52.920 --> 01:35:59.920] He does have a website, remediesinrealestate.com that's being reorganized right now,
[01:35:59.920 --> 01:36:04.920] and you can send an email there, Randy at remediesinrealestate.com.
[01:36:04.920 --> 01:36:07.920] Okay, great, all right.
[01:36:07.920 --> 01:36:12.920] All right, so no luck, huh, from the dead there?
[01:36:12.920 --> 01:36:15.920] Sorry, I don't know what's going on.
[01:36:15.920 --> 01:36:16.920] That's okay.
[01:36:16.920 --> 01:36:19.920] At the end of your show, keep up the good work.
[01:36:19.920 --> 01:36:20.920] Okay, we'll try.
[01:36:20.920 --> 01:36:23.920] And we'll keep listening, okay?
[01:36:23.920 --> 01:36:24.920] All right, sorry, Paul.
[01:36:24.920 --> 01:36:25.920] Thank you very much.
[01:36:25.920 --> 01:36:27.920] That's fine, no sweat.
[01:36:27.920 --> 01:36:28.920] Thanks.
[01:36:28.920 --> 01:36:33.920] Okay, we are going now to Tony in Illinois.
[01:36:33.920 --> 01:36:36.920] All right, Tony, thanks for calling in.
[01:36:36.920 --> 01:36:38.920] What is your question for us tonight?
[01:36:38.920 --> 01:36:40.920] What's on your mind tonight?
[01:36:40.920 --> 01:36:44.920] Well, I had a question for Randy, but I actually have a few for Eddie,
[01:36:44.920 --> 01:36:47.920] so I guess I can go to those.
[01:36:47.920 --> 01:36:51.920] I know you don't drive around with the state issued license plate.
[01:36:51.920 --> 01:36:57.920] Do you carry the manufacturer's certificate of origin or rather a copy of it?
[01:36:57.920 --> 01:36:58.920] No, I do not.
[01:36:58.920 --> 01:37:02.920] This car I got used, I don't actually have the MSO for it.
[01:37:02.920 --> 01:37:06.920] What I did do was when I purchased it from the individual,
[01:37:06.920 --> 01:37:13.920] I had a notarized bill of sale and power of attorney to transfer made and notarized.
[01:37:13.920 --> 01:37:18.920] And what I have is I have a certified copy of the bill of sale
[01:37:18.920 --> 01:37:22.920] attached to a certified copy of the certificate of title
[01:37:22.920 --> 01:37:29.920] showing that it is no longer in commerce, it's under private ownership.
[01:37:29.920 --> 01:37:33.920] Okay, so do you do anything with the state after your purchase
[01:37:33.920 --> 01:37:35.920] or do you just keep the title that the-
[01:37:35.920 --> 01:37:38.920] I just keep it filed so I know where to find it,
[01:37:38.920 --> 01:37:41.920] but no, I don't do anything with the state
[01:37:41.920 --> 01:37:45.920] other than send them back their license plates.
[01:37:45.920 --> 01:37:50.920] What do you know about the states surrounding Texas as far as,
[01:37:50.920 --> 01:37:55.920] were there also, were there clear cuts?
[01:37:55.920 --> 01:38:02.920] They're just as misleading and just as in a fog as any other, every other state is.
[01:38:02.920 --> 01:38:05.920] They all think they have the right to do what they're doing when they do not.
[01:38:05.920 --> 01:38:13.920] As far as the particular laws, most of them are written to make them very hard to decipher
[01:38:13.920 --> 01:38:19.920] as far as being as clear cut in what does and does not apply.
[01:38:19.920 --> 01:38:22.920] The trick is, like I teach in the seminar course,
[01:38:22.920 --> 01:38:28.920] is how to learn to read the statute and dissect what they're actually saying.
[01:38:28.920 --> 01:38:30.920] If you can't understand what they're actually saying,
[01:38:30.920 --> 01:38:37.920] regardless of what you think it says, then you're not going to be able to make the argument in your favor.
[01:38:37.920 --> 01:38:42.920] Yeah, here in Illinois, some of the definitions like, for example,
[01:38:42.920 --> 01:38:49.920] the driver are broader than the U.S. Code and the case law.
[01:38:49.920 --> 01:38:54.920] Yes, and they may be, but what you need to do is write to whoever your Department of Motor Vehicles
[01:38:54.920 --> 01:38:58.920] or Transportation or whoever it is in your particular state,
[01:38:58.920 --> 01:39:10.920] and you ask them to certify whether or not the State Motor Vehicle Code is based upon Title 49 of the Federal Code.
[01:39:10.920 --> 01:39:16.920] If it is based on Title 49 of the United States Code,
[01:39:16.920 --> 01:39:23.920] then they cannot say that it applies to the private individual at all.
[01:39:23.920 --> 01:39:35.920] Is every state required to be compatible with Title 49 to be constitutional for the vehicle to be constitutional?
[01:39:35.920 --> 01:39:40.920] Every state implemented, whether they care to admit it or not, if you research the history of them,
[01:39:40.920 --> 01:39:47.920] every single state implemented a Motor Carrier Act of some kind at the behest of the federal government
[01:39:47.920 --> 01:39:53.920] under the promise of federal funding, and the mandate was Title 49.
[01:39:53.920 --> 01:39:56.920] Right, and they all have to be uniform anyway, right?
[01:39:56.920 --> 01:39:59.920] They have to be in compliance with that code at a minimum, yes.
[01:39:59.920 --> 01:40:03.920] There's nothing that says they can't be more strict,
[01:40:03.920 --> 01:40:13.920] but they cannot encompass objects that were never intended to be engaged in that, such as the private citizen.
[01:40:13.920 --> 01:40:22.920] Now, it's my understanding that any state law requiring a license to travel,
[01:40:22.920 --> 01:40:28.920] so let's say if they give you a ticket for not having a license and you're traveling in your private automobile,
[01:40:28.920 --> 01:40:32.920] that's unconstitutional no matter where you are, correct?
[01:40:32.920 --> 01:40:34.920] Okay, that's correct.
[01:40:34.920 --> 01:40:42.920] The simple way to look at this is, do your rights change because you crossed a state line?
[01:40:42.920 --> 01:40:45.920] They're unalienable rights inherent in you from birth.
[01:40:45.920 --> 01:40:49.920] The answer to that can only be no, correct?
[01:40:49.920 --> 01:40:50.920] Correct.
[01:40:50.920 --> 01:40:56.920] So just because you go from Illinois to Texas, your rights don't change?
[01:40:56.920 --> 01:41:03.920] Yeah, that was my understanding, but what I'm kind of foggy about is speeding tickets,
[01:41:03.920 --> 01:41:10.920] whether those are ever, or does it depend on the state's Constitution?
[01:41:10.920 --> 01:41:13.920] No, it's going to wind up to the same thing.
[01:41:13.920 --> 01:41:22.920] The premise that I stand on is that the state has no authority to write a statute regulating the people.
[01:41:22.920 --> 01:41:32.920] They can write statutes for setting up a uniform method for punishing someone that commits an actual crime,
[01:41:32.920 --> 01:41:39.920] but the people of every state are recipients of the common law, not statutory law.
[01:41:39.920 --> 01:41:45.920] Every state of the union has to be in accordance with the United States Constitution
[01:41:45.920 --> 01:41:51.920] and what the state does as far as its own laws and its own Constitution.
[01:41:51.920 --> 01:41:56.920] The United States Constitution is based and founded on the common law.
[01:41:56.920 --> 01:42:01.920] If the state legislatures can write statutes that kick the common law out,
[01:42:01.920 --> 01:42:07.920] they are in essence kicking out the foundation on which the Constitution itself sits.
[01:42:07.920 --> 01:42:08.920] Right.
[01:42:08.920 --> 01:42:16.920] And so by kicking out the common law, they're destabilizing the authority of the Constitution as a whole,
[01:42:16.920 --> 01:42:18.920] and they're not allowed to do that.
[01:42:18.920 --> 01:42:25.920] Nowhere in any state Constitution that I've seen did the people authorize their legislature
[01:42:25.920 --> 01:42:34.920] to destroy the foundational basis of the Constitution by kicking the common law out of the reach of the people.
[01:42:34.920 --> 01:42:41.920] Do you know of anyone personally who has used the Charlie Sprinkle method to coin a phrase?
[01:42:41.920 --> 01:42:45.920] Well, Charlie Sprinkle was a big inspiration for me when I started doing this.
[01:42:45.920 --> 01:42:46.920] Right.
[01:42:46.920 --> 01:42:49.920] But do you know of anyone that's gone-
[01:42:49.920 --> 01:42:50.920] No, I don't.
[01:42:50.920 --> 01:42:51.920] Well, at least not here.
[01:42:51.920 --> 01:42:55.920] Now, in California they are because that's where Charlie Sprinkle was doing what he was doing.
[01:42:55.920 --> 01:42:56.920] Right.
[01:42:56.920 --> 01:43:02.920] And California law is very, very clear that it only applies to- it's even more clear than Texas.
[01:43:02.920 --> 01:43:07.920] It says it right in their code that it only applies to commercial vehicles.
[01:43:07.920 --> 01:43:14.920] Was Lawyer Dude associated with his lawsuit or did Charlie Sprinkle do that?
[01:43:14.920 --> 01:43:20.920] Lawyer Dude has taken a lot of credit for being associated with Charlie Sprinkle's lawsuit, but no, he helped him.
[01:43:20.920 --> 01:43:25.920] But Charlie Sprinkle came up with the information that he went through pretty much on his own.
[01:43:25.920 --> 01:43:27.920] Charlie was a very smart guy.
[01:43:27.920 --> 01:43:32.920] I've had many direct personal conversations with Charlie before he passed away.
[01:43:32.920 --> 01:43:35.920] Did Randy come back?
[01:43:35.920 --> 01:43:37.920] Yes, I believe Randy has come back.
[01:43:37.920 --> 01:43:38.920] He sent me a Skype chat.
[01:43:38.920 --> 01:43:41.920] Apparently he was trying to engage in some telepathy.
[01:43:41.920 --> 01:43:44.920] He had taken off his headphones.
[01:43:44.920 --> 01:43:46.920] Is there someone behind me on the line?
[01:43:46.920 --> 01:43:47.920] No, there isn't.
[01:43:47.920 --> 01:43:53.920] But Paul from Texas, if he'd like to call back in, Randy is back from his telepathy experiment.
[01:43:53.920 --> 01:43:59.920] He does have his headphones on again, and we will return for the side of the break.
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[01:45:00.920 --> 01:45:07.920] You are listening to the Rule of Law Radio Network at ruleoflawradio.com.
[01:45:07.920 --> 01:45:32.920] Live free speech talk radio at its best.
[01:45:32.920 --> 01:45:37.920] Okay, we are back. And Paul from Texas, we do have Randy back.
[01:45:37.920 --> 01:45:41.920] So please call back in so you can ask Randy your question.
[01:45:41.920 --> 01:45:44.920] And Tony, you had a question for Randy.
[01:45:44.920 --> 01:45:51.920] First of all, I want to ask Eddie, do you have a blog where you talk about some of your discoveries within the laws in Texas?
[01:45:51.920 --> 01:45:54.920] You know, you could send people to or?
[01:45:54.920 --> 01:46:00.920] There is a Yahoo group that I participate in called No Driver's License.
[01:46:00.920 --> 01:46:05.920] And if you'll send me an email, I'll be happy to send you a link to it so you can sign up for the group.
[01:46:05.920 --> 01:46:07.920] And of course, there's a traffic seminar materials.
[01:46:07.920 --> 01:46:13.920] Yes. And I've actually considered many times starting a Web site,
[01:46:13.920 --> 01:46:21.920] but with everything that's going on trying to get ready for this meeting with the legislature and everything else, I just have not managed to make the time.
[01:46:21.920 --> 01:46:28.920] What about all your discoveries about just the corruption and how people aren't following the law?
[01:46:28.920 --> 01:46:30.920] Is there any worry that you write about that?
[01:46:30.920 --> 01:46:31.920] I'm writing.
[01:46:31.920 --> 01:46:39.920] That's what's going in this second book that we're going to be throwing smack dab in the face of every legislator when we have this meeting.
[01:46:39.920 --> 01:46:42.920] Okay. Randy?
[01:46:42.920 --> 01:46:44.920] Oh, go ahead.
[01:46:44.920 --> 01:46:45.920] And I'm debating.
[01:46:45.920 --> 01:46:50.920] I'm pretty sure that I'll probably wind up including that with the seminar material when we do it,
[01:46:50.920 --> 01:46:53.920] unless there's some reason that we need to do it separately.
[01:46:53.920 --> 01:46:56.920] I don't know.
[01:46:56.920 --> 01:46:59.920] Okay. Randy?
[01:46:59.920 --> 01:47:02.920] Yes, I'm here.
[01:47:02.920 --> 01:47:08.920] I know a couple who are up to date on the mortgage, but it's countrywide and they've sold it.
[01:47:08.920 --> 01:47:13.920] So I'm thinking that there's a pretty good chance that it's in MERS.
[01:47:13.920 --> 01:47:16.920] Oh, it's in MERS? Good.
[01:47:16.920 --> 01:47:30.920] So what would be the best way to refer to the original notes, the existence of it or the location of it or whatever in a qualified written request?
[01:47:30.920 --> 01:47:33.920] 3-501.
[01:47:33.920 --> 01:47:36.920] Okay. Qualified written request.
[01:47:36.920 --> 01:47:39.920] How should you ask the money?
[01:47:39.920 --> 01:47:46.920] Understand that a qualified written request is not for discovery.
[01:47:46.920 --> 01:47:48.920] They don't have to respond to discovery.
[01:47:48.920 --> 01:47:55.920] If you look on the Internet, you'll find a lot of documents that claim to be qualified written requests.
[01:47:55.920 --> 01:48:02.920] And actually, all they are is they're asking for production of documents.
[01:48:02.920 --> 01:48:05.920] And that's not what a qualified written request is.
[01:48:05.920 --> 01:48:08.920] A qualified written request is a term of art.
[01:48:08.920 --> 01:48:21.920] It refers to a claim by the borrower of an accounting error on the part of the servicer and a demand that the servicer correct the error.
[01:48:21.920 --> 01:48:24.920] That's what makes it a qualified written request.
[01:48:24.920 --> 01:48:27.920] Now, you can ask for all this other stuff in it.
[01:48:27.920 --> 01:48:30.920] They either will or will not respond.
[01:48:30.920 --> 01:48:36.920] They're not required to by the laws on the qualified written request.
[01:48:36.920 --> 01:48:49.920] I've read where in some instances people have claimed that the lending institution has informed them that it actually does not exist.
[01:48:49.920 --> 01:48:52.920] I don't know if they're being truthful about that or not.
[01:48:52.920 --> 01:48:53.920] Wait a minute.
[01:48:53.920 --> 01:48:55.920] What does not exist?
[01:48:55.920 --> 01:48:57.920] The original note.
[01:48:57.920 --> 01:49:00.920] Oh, well, yeah, there's a lot of evidence.
[01:49:00.920 --> 01:49:11.920] MERS is involved, Good Chance MERS registered the note on their system and then shredded the original.
[01:49:11.920 --> 01:49:16.920] That's what I was getting at is trying to get them to admit that without actually...
[01:49:16.920 --> 01:49:19.920] Well, you don't have to do that part.
[01:49:19.920 --> 01:49:31.920] Under 3-501 Uniform Commercial Code, you can demand access to for inspection the original promissory note.
[01:49:31.920 --> 01:49:32.920] Right.
[01:49:32.920 --> 01:49:33.920] Yeah, okay.
[01:49:33.920 --> 01:49:34.920] That's what I was getting at.
[01:49:34.920 --> 01:49:41.920] What's the best way to do that in a way where they would say, sorry, we don't have it or whatever?
[01:49:41.920 --> 01:49:48.920] Do it in a certified letter, demand production of the note for inspection.
[01:49:48.920 --> 01:49:51.920] You don't have to quote 3-501.
[01:49:51.920 --> 01:50:01.920] All you have to do is demand production and then they will send you back a letter saying that they don't have to produce it.
[01:50:01.920 --> 01:50:19.920] Now you have a claim for statutory estoppel under 3-501 that they can't collect payments until they abide by all law.
[01:50:19.920 --> 01:50:24.920] If they actually do have it, how would they produce it?
[01:50:24.920 --> 01:50:26.920] Because they're not going to just send you the original note.
[01:50:26.920 --> 01:50:29.920] Right, and it's in 3-501.
[01:50:29.920 --> 01:50:32.920] They have to make it available for inspection.
[01:50:32.920 --> 01:50:34.920] So basically at like a local office or something?
[01:50:34.920 --> 01:50:35.920] Yes.
[01:50:35.920 --> 01:50:40.920] Well, countrywide it has been bought by Bank of America.
[01:50:40.920 --> 01:50:46.920] They're pretty much everywhere, so I guess you can get them to send it to Bank of America if it actually exists.
[01:50:46.920 --> 01:50:47.920] Yes.
[01:50:47.920 --> 01:50:49.920] The local office and inspect it there?
[01:50:49.920 --> 01:50:50.920] Yes.
[01:50:50.920 --> 01:50:51.920] Okay.
[01:50:51.920 --> 01:50:54.920] They're probably going to squawk and whine.
[01:50:54.920 --> 01:51:09.920] And if they do and if you're serious about pressing them, and a good way to let them know that you're serious is petition for pre-litigation discovery.
[01:51:09.920 --> 01:51:21.920] There's a provision for that and I'm not sure exactly what it is in the Federal Reserve procedure, but it's for the purpose of preserving evidence.
[01:51:21.920 --> 01:51:35.920] And if you have reason to believe you have grounds for a suit but you're not certain, you can petition for pre-litigation discovery before you file a suit
[01:51:35.920 --> 01:51:44.920] so that you don't really involve the court in a lawsuit in order to secure the discovery to determine whether you should file or not.
[01:51:44.920 --> 01:51:47.920] So the court isn't involved in that petition?
[01:51:47.920 --> 01:51:50.920] You basically just send it to the lending institution?
[01:51:50.920 --> 01:51:57.920] Well, basically you'd have to petition the court to order it if the other side doesn't produce it.
[01:51:57.920 --> 01:52:05.920] But you ask them for pre-litigation discovery and if they refuse to produce it, then you have to file a petition with the court
[01:52:05.920 --> 01:52:15.920] and you'd have to pay the filing fee and ask the court to order pre-litigation discovery.
[01:52:15.920 --> 01:52:16.920] Okay.
[01:52:16.920 --> 01:52:19.920] That'll get their attention.
[01:52:19.920 --> 01:52:21.920] Sounds good.
[01:52:21.920 --> 01:52:22.920] Okay.
[01:52:21.920 --> 01:52:23.920] Thanks a lot, guys.
[01:52:23.920 --> 01:52:24.920] All right.
[01:52:24.920 --> 01:52:25.920] Thanks, Tony.
[01:52:25.920 --> 01:52:26.920] Okay.
[01:52:26.920 --> 01:52:28.920] We're going now to Paul in Texas.
[01:52:28.920 --> 01:52:29.920] Paul, thanks for calling back in.
[01:52:29.920 --> 01:52:31.920] First-time caller.
[01:52:31.920 --> 01:52:33.920] What's your question for Randy?
[01:52:33.920 --> 01:52:35.920] Hey, Randy, that telepathy didn't work.
[01:52:35.920 --> 01:52:39.920] I wasn't getting your signal, man.
[01:52:39.920 --> 01:52:41.920] You never know if you don't try.
[01:52:41.920 --> 01:52:50.920] I made it back, and my question is, in the process of getting a petition deed from my mortgage company,
[01:52:50.920 --> 01:52:57.920] the title attorney who did it said, man, this is one of the worst mortgages I've ever seen.
[01:52:57.920 --> 01:53:07.920] It was originally a countrywide job, and she said it was just totally fraudulent, just the way it was written.
[01:53:07.920 --> 01:53:09.920] It was supposed to be a home equity loan.
[01:53:09.920 --> 01:53:12.920] It's not some other kind of mortgage, and it's full of holes.
[01:53:12.920 --> 01:53:19.920] So how would I go about declaring that invalid, and is that even worth trying?
[01:53:19.920 --> 01:53:22.920] I mean, do people succeed at doing that ever?
[01:53:22.920 --> 01:53:24.920] Oh, yeah.
[01:53:24.920 --> 01:53:29.920] MERS has been getting hammered in Colorado.
[01:53:29.920 --> 01:53:30.920] Excuse me.
[01:53:30.920 --> 01:53:33.920] MERS is Mortgage Electronic Registration Service.
[01:53:33.920 --> 01:53:34.920] Okay.
[01:53:34.920 --> 01:53:44.920] Bank of America, Wells Fargo, and Chase decided they got this whiz-bang idea
[01:53:44.920 --> 01:53:52.920] that this crapola of having to file the sale of a security instrument with the clerk of the court
[01:53:52.920 --> 01:53:56.920] was archaic, costly, and cumbersome.
[01:53:56.920 --> 01:53:59.920] And to come up with this great idea, we set up this company
[01:53:59.920 --> 01:54:06.920] where everybody can register their security instruments with us electronically.
[01:54:06.920 --> 01:54:08.920] Hey, piece of cake.
[01:54:08.920 --> 01:54:16.920] The problem is it was illegal, as the sale of a security instrument was intended to be a public sale.
[01:54:16.920 --> 01:54:25.920] And it was required to be, you know, a security instrument based on real property was intended to be public.
[01:54:25.920 --> 01:54:35.920] And they were required by statute in every state to file the notice of the sale with the county recorder's office.
[01:54:35.920 --> 01:54:40.920] And that's what was costly, because it cost them $35 crack.
[01:54:40.920 --> 01:54:46.920] And they were selling these things so often.
[01:54:46.920 --> 01:54:54.920] I've got some more research to do, but I'll eventually be doing a show on just how they moved this note around.
[01:54:54.920 --> 01:55:02.920] Sometimes it changes it once a day or once every other day, depending on the income stream and how it moves.
[01:55:02.920 --> 01:55:08.920] It's real complex what they worked out with these pooled security instruments.
[01:55:08.920 --> 01:55:14.920] Well, how does it relate to me, and what are my action steps to get this done?
[01:55:14.920 --> 01:55:19.920] Who are you supposed to be paying your payments to?
[01:55:19.920 --> 01:55:24.920] I don't have that handy right now, but I can find out easily enough.
[01:55:24.920 --> 01:55:25.920] No, you can't.
[01:55:25.920 --> 01:55:26.920] Oh, I can't?
[01:55:26.920 --> 01:55:28.920] That's the point.
[01:55:28.920 --> 01:55:32.920] Who is the holder?
[01:55:32.920 --> 01:55:35.920] The holder is the only one who can foreclose.
[01:55:35.920 --> 01:55:36.920] Okay.
[01:55:36.920 --> 01:55:40.920] The holder is the only one that can express the security instrument.
[01:55:40.920 --> 01:55:50.920] And the holder must be a holder who had the note assigned to him by a holder.
[01:55:50.920 --> 01:55:51.920] Okay.
[01:55:51.920 --> 01:55:54.920] And that person had to have had it assigned to him by a holder.
[01:55:54.920 --> 01:55:55.920] Okay.
[01:55:55.920 --> 01:56:04.920] And in order to establish anyone down the line, in order for them to establish that they are in fact a holder of the note,
[01:56:04.920 --> 01:56:12.920] have to demonstrate that from the first holder, the lender, to them,
[01:56:12.920 --> 01:56:17.920] there's an unbroken chain of custody of the security instrument.
[01:56:17.920 --> 01:56:18.920] Okay.
[01:56:18.920 --> 01:56:21.920] They don't have a clue who all those people are.
[01:56:21.920 --> 01:56:28.920] So the person who collects our mortgages is not the holder.
[01:56:28.920 --> 01:56:36.920] So what you do is you go into the court and say, your Honor, these people are telling me I've got to pay them on this note,
[01:56:36.920 --> 01:56:38.920] but I don't know who they are.
[01:56:38.920 --> 01:56:39.920] Okay.
[01:56:39.920 --> 01:56:41.920] I'm not sure they're the right people.
[01:56:41.920 --> 01:56:42.920] No.
[01:56:42.920 --> 01:56:47.920] If they're not the right people, I could pay them off and then have somebody else come and foreclose on me.
[01:56:47.920 --> 01:56:49.920] Okay, I see what you're saying now.
[01:56:49.920 --> 01:56:51.920] So prove it up.
[01:56:51.920 --> 01:56:55.920] You know, if I come to you and what they'll do is give you a copy.
[01:56:55.920 --> 01:56:58.920] They'll send you a copy of the note or provide you with one.
[01:56:58.920 --> 01:57:05.920] If I come to you and want you to cash check for me and I give you a copy of the check,
[01:57:05.920 --> 01:57:08.920] you're going to say, fine, that's wonderful.
[01:57:08.920 --> 01:57:11.920] You're going to give me a copy of the money.
[01:57:11.920 --> 01:57:15.920] When you ring the real deal, I'll give you the real deal.
[01:57:15.920 --> 01:57:16.920] Okay.
[01:57:16.920 --> 01:57:17.920] I see what you're saying now.
[01:57:17.920 --> 01:57:21.920] And that's in Uniform Commercial Code, and that's how it works.
[01:57:21.920 --> 01:57:24.920] So step one is to establish the holder.
[01:57:24.920 --> 01:57:25.920] Yes.
[01:57:25.920 --> 01:57:26.920] When the...
[01:57:26.920 --> 01:57:30.920] What would the next step be after I establish the holder?
[01:57:30.920 --> 01:57:34.920] Then you want to see who holds the security instrument.
[01:57:34.920 --> 01:57:35.920] Okay.
[01:57:35.920 --> 01:57:36.920] Is it the same person?
[01:57:36.920 --> 01:57:46.920] And has the security instrument and the title and the note been held by the same entity at each transfer,
[01:57:46.920 --> 01:57:50.920] if it was ever bifurcated, if they were ever separated?
[01:57:50.920 --> 01:57:58.920] And according to Landmark V. Kessler, the separation, the bifurcation of the note
[01:57:58.920 --> 01:58:04.920] and security instrument creates a fatal flaw in that the holder of the note has a claim against the signator,
[01:58:04.920 --> 01:58:06.920] no claim against the property.
[01:58:06.920 --> 01:58:11.920] The holder of the security instrument has a claim against the property, but it can't be harmed.
[01:58:11.920 --> 01:58:14.920] Okay.
[01:58:14.920 --> 01:58:15.920] This is what we're doing.
[01:58:15.920 --> 01:58:20.920] We're doing forensic analysis to develop these kinds of issues.
[01:58:20.920 --> 01:58:29.920] And we're going to kick as many banks' butts as we absolutely can to keep as many houses in the hands of the individuals
[01:58:29.920 --> 01:58:34.920] as we can to lessen this impact of what's coming as much as possible.
[01:58:34.920 --> 01:58:35.920] Well, that's...
[01:58:35.920 --> 01:58:37.920] We've reached the end of the show.
[01:58:37.920 --> 01:58:41.920] Thank you all for listening and participating.
[01:58:41.920 --> 01:58:46.920] We'll be back Monday with Deborah and Eddie on Traffic Night.
[01:58:46.920 --> 01:58:52.920] This is Randy Kelton, Eddie Craig, Deborah Stevens, Wheel of Law Radio.
[01:58:52.920 --> 01:59:14.920] Thank you and good night.
[01:59:22.920 --> 01:59:47.920] Thank you.
[01:59:47.920 --> 01:59:57.920] Thank you.