ROL_2010-11-26_16k_Hr3-4.timecode

[00:00.000 --> 00:10.720]  The Obama administration is setting aside 187,000 square miles in Alaska as a critical
[00:10.720 --> 00:16.360]  habitat for polar bears, an action that could add restrictions to future offshore oil and
[00:16.360 --> 00:21.960]  gas drilling. Designation of critical habitat does not block economic activity, but requires
[00:21.960 --> 00:27.360]  federal officials to consider whether a proposed action would adversely affect the polar bear's
[00:27.360 --> 00:35.120]  habitat. Tens of thousands of students marched in 50 Italian cities Wednesday to protest education
[00:35.120 --> 00:41.040]  cuts implemented by Prime Minister Silvio Berlusconi's government and occupied 44 of the
[00:41.040 --> 00:46.240]  nation's public universities. The protest came the same day as mass demonstrations by students
[00:46.240 --> 00:51.800]  in Britain against cuts to education. Spending cuts by EU governments has sparked widespread
[00:51.800 --> 00:58.360]  street protests and strikes. The day after the US Thanksgiving, known as Black Friday,
[00:58.360 --> 01:02.880]  the biggest shopping day of the year, has spawned a counter movement which encourages
[01:02.880 --> 01:08.840]  people to refrain from buying anything that day. Participants of Buy Nothing Day are urged
[01:08.840 --> 01:16.880]  to perform community service instead. Fox business host Andrew Napolitano revealed Tuesday he doesn't
[01:16.880 --> 01:22.200]  believe the government's account of 9-Eleven. Napolitano, who hosts Freedom Watch and is frequently
[01:22.200 --> 01:27.720]  seen on Fox News as a legal analyst, told radio host Alex Jones the attacks, quote,
[01:27.720 --> 01:32.440]  couldn't possibly have been done the way the government told us. The subject came up when
[01:32.440 --> 01:38.000]  Jones noted Geraldo Rivera had recently raised questions about the collapse of World Trade
[01:38.000 --> 01:44.200]  Center 7 on Napolitano's show. 9-Eleven truthers have focused on that building's collapse,
[01:44.200 --> 01:49.960]  saying it was demolished by government forces. Napolitano said, quote, it's hard for me to
[01:49.960 --> 01:55.640]  believe building 7 came down by itself, adding, I think 20 years from now people will look
[01:55.640 --> 02:01.360]  at 9-Eleven the way we look at the assassination of JFK today. Namely, it couldn't possibly
[02:01.360 --> 02:07.320]  have been done the way the government told us. The US has briefed its key allies ahead
[02:07.320 --> 02:12.720]  of the third mass release of classified US documents by the website Wikileaks. The new
[02:12.720 --> 02:18.160]  material will include cables sent to Washington from US embassies around the world. US Embassy
[02:18.160 --> 02:23.120]  in Tel Aviv has reportedly informed the Israeli Foreign Ministry Wikileaks was planning to
[02:23.120 --> 02:28.560]  release hundreds of thousands of US cables, some of which deal with US-Israeli interactions.
[02:28.560 --> 02:34.800]  The cables, said to date from the past five years, include media reports, talks with politicians,
[02:34.800 --> 02:40.320]  officials and journalists, as well as evaluations and analyses by US diplomats regarding their
[02:40.320 --> 02:45.480]  host countries. The next Wikileaks release, due to take place in the next few days, is
[02:45.480 --> 02:51.280]  also expected to include thousands of classified cables reporting corruption allegations against
[02:51.280 --> 03:12.440]  politicians in Russia, Afghanistan and other Central Asian nations.
[03:21.280 --> 03:49.640]  Okay, this is Randy Caldoneady Craig, Wheel of Law Radio. We'll be talking to Bill from
[03:49.640 --> 03:58.560]  Wisconsin. Bill what's on your mind tonight? Hi, good evening fellas. Good evening. You
[03:58.560 --> 04:03.320]  sparked my interest earlier when we were talking with another gentleman, I believe it was from
[04:03.320 --> 04:13.160]  Utah out there, specifically about the shell part in a statute as being mandatory. Let
[04:13.160 --> 04:19.720]  me get to the point here, this is regarding a summons, and I was working with a friend
[04:19.720 --> 04:25.280]  on this and he got this summons and immediately we looked at it and said when was it served?
[04:25.280 --> 04:32.720]  That's when dates count, when the clock starts ticking. And it was served and they had 20
[04:32.720 --> 04:38.560]  days from that date, but on the summons itself it had a date six days earlier. I'm going
[04:38.560 --> 04:46.200]  to go down, okay well there's problem one. And the summons in this particular case was,
[04:46.200 --> 04:54.480]  this is a state going against an individual and that was filled out by the district attorney
[04:54.480 --> 04:59.880]  and he just made other errors in there where the statutes again, I'm going to get back
[04:59.880 --> 05:04.480]  to the shell part, you're all familiar with the header part where it says plaintiff and
[05:04.480 --> 05:10.120]  defendant and so forth. At least on the summons and the complaint all he has is state and
[05:10.120 --> 05:16.800]  plaintiff up there. The statutes say you shall have your address up there. Boom, there's
[05:16.800 --> 05:18.160]  item one.
[05:18.160 --> 05:26.640]  Yeah, but whose address? The only time these errors will become a problem is if they're
[05:26.640 --> 05:27.640]  material.
[05:27.640 --> 05:35.960]  Well, if you just have state of Wisconsin plaintiff, there's no address there.
[05:35.960 --> 05:45.360]  How does that harm you or how does that make the summons deficient?
[05:45.360 --> 05:53.040]  How can you respond to the summons if you don't know where to reply to?
[05:53.040 --> 05:58.120]  Does the summons have an address on it anywhere like down at the bottom is where you see it?
[05:58.120 --> 06:02.880]  Well, sort of in the middle where it was signed by the district attorney. It just has his
[06:02.880 --> 06:06.120]  name district attorney in the county.
[06:06.120 --> 06:10.440]  Well now, the one thing about a summons, at least as far as it's written up here in Texas,
[06:10.440 --> 06:16.120]  the purpose of the summons is to order someone to appear in a certain place at a certain
[06:16.120 --> 06:20.040]  time for a certain purpose and to do a certain thing.
[06:20.040 --> 06:27.080]  Or to answer a, like in a civil proceeding, it would be for you to answer the petition.
[06:27.080 --> 06:32.560]  Yeah, to answer the petition. This is a civil proceeding going forward against the states.
[06:32.560 --> 06:39.200]  So take it or not, it's a forfeiture action.
[06:39.200 --> 06:45.160]  Nothing I've heard so far comes up material. Just minor errors, the courts are going to
[06:45.160 --> 06:52.600]  ignore those. The district attorney and the county he's in is enough to determine who
[06:52.600 --> 06:54.080]  he is and where he is.
[06:54.080 --> 06:59.400]  Who he is and where he is. So if you want to send him something, you want to reply to
[06:59.400 --> 07:03.440]  the district attorney on anything that you're filing with the court, you've got to give
[07:03.440 --> 07:08.640]  him a copy so you are put to the effort of having to find his address.
[07:08.640 --> 07:16.080]  They're not going to, you know, I wouldn't expect the court to declare that the summons
[07:16.080 --> 07:23.640]  was insufficient for that kind of a discrepancy.
[07:23.640 --> 07:31.760]  They don't throw out legal documents over minor errors and I realize this is an attorney
[07:31.760 --> 07:38.200]  who doesn't bother, you know, he makes more minor errors than most, but I wouldn't count
[07:38.200 --> 07:40.160]  on much traction there.
[07:40.160 --> 07:47.600]  Okay, I was going after, as I started at the beginning, because the statutes say shall.
[07:47.600 --> 07:50.720]  He shall put it on there. And he didn't put it on there.
[07:50.720 --> 07:56.560]  Well, what you can do is ask for sanctions against him for not putting it on there, but
[07:56.560 --> 07:59.520]  if you fail to respond, they'll come after you anyway.
[07:59.520 --> 08:04.880]  Yeah, you could file a petition for improper service and see if you can get the summons
[08:04.880 --> 08:08.440]  quashed, but don't bank on that happening.
[08:08.440 --> 08:12.760]  Yeah, we haven't seen the progress so far.
[08:12.760 --> 08:19.440]  There's been a complaint filed with the, here we call it Office of Lawyer Regulation.
[08:19.440 --> 08:25.520]  There was a complaint filed about the errors that he had made on the summons.
[08:25.520 --> 08:30.080]  After all, this is learned counsel, he should know how to do things properly.
[08:30.080 --> 08:39.200]  And then this is a denial of due process of having someone show up in court six days prior
[08:39.200 --> 08:43.960]  to the service. He just went through a date on there, he filed it in court, then he's
[08:43.960 --> 08:49.080]  figuring, oh, well, the service has been on the same day. It didn't happen.
[08:49.080 --> 08:59.120]  Oh, it never happens that way. And what date was this person required to appear?
[08:59.120 --> 09:02.720]  In this case, it was November 3rd, he was told to show up.
[09:02.720 --> 09:05.880]  When did he receive the summons?
[09:05.880 --> 09:08.120]  He received the summons on November 20th.
[09:08.120 --> 09:09.120]  Oh.
[09:09.120 --> 09:15.120]  I'm sorry, October. I'm getting November and October. October 20th.
[09:15.120 --> 09:21.840]  And what's the statutory notice limit? How much notice is he required to have?
[09:21.840 --> 09:23.160]  Twenty days.
[09:23.160 --> 09:28.680]  Oh, so move to quash, improper service.
[09:28.680 --> 09:30.920]  Now that, you get traction on.
[09:30.920 --> 09:31.920]  Okay.
[09:31.920 --> 09:35.760]  But if you throw in too many of the minor details, you might annoy the judge and he'll
[09:35.760 --> 09:44.000]  say heck with you. And, you know, they can do that. And in the end, you may win, but
[09:44.000 --> 09:51.800]  they don't care. This is the deal. You may beat the time, but you won't beat the ride.
[09:51.800 --> 09:55.520]  They can give you a real good ride if they want to.
[09:55.520 --> 10:02.840]  So I try not to start a fight unless it's important. You might raise that issue that
[10:02.840 --> 10:10.600]  a prosecutor is an income poop, but trying to get an adjudication on him being an income
[10:10.600 --> 10:16.000]  poop will probably just get the judge to say, okay, you know, I can give you as hard a time
[10:16.000 --> 10:22.920]  as I want to. Rather than bringing issues, he can actually adjudicate like improper notice
[10:22.920 --> 10:30.920]  where insufficient time. And did the summons give him clear notice of what the nature of
[10:30.920 --> 10:34.760]  the hearing was so he could properly prepare for the hearing?
[10:34.760 --> 10:41.120]  I just said to show up and answer to the complaint, saying the complaint was attached so all of
[10:41.120 --> 10:43.120]  the details were described.
[10:43.120 --> 10:46.560]  Wait a minute. Wait a minute. Hold on. This is a civil complaint?
[10:46.560 --> 10:47.560]  Yes, it is.
[10:47.560 --> 10:57.280]  Okay, it's a civil complaint in that it's like a citation or is the county suing?
[10:57.280 --> 11:02.440]  What it is, it's a state agency and they're using the district attorney in the county
[11:02.440 --> 11:07.640]  in which this individual lives and they're going after a forfeiture action.
[11:07.640 --> 11:13.640]  Okay. Are they ordering him to appear or just to answer?
[11:13.640 --> 11:16.120]  To answer said complaint on November 3rd.
[11:16.120 --> 11:23.520]  Then he needs to move for an extension of time and based on improper service.
[11:23.520 --> 11:24.520]  That's been done.
[11:24.520 --> 11:25.520]  Oh, okay.
[11:25.520 --> 11:35.040]  When I was after two, because, you know, listening to you over the years and the thing coming
[11:35.040 --> 11:39.320]  up, go back, read the statutes, find out what happened and this is where we come up with
[11:39.320 --> 11:46.320]  the 20 days thing. Well, now filing this with the office of the lawyer's complaint, I'm
[11:46.320 --> 11:54.240]  kind of thinking that we got this guy between a rock and a hard place and also the guys
[11:54.240 --> 11:59.280]  who handle the complaints because if they turn around and they just give him a slap
[11:59.280 --> 12:03.960]  on the wrist, then they're admitting that he did something wrong and if they don't,
[12:03.960 --> 12:09.800]  they can go forward and say, well, how many other people has he done a railroad job on
[12:09.800 --> 12:14.320]  like this? There should be an investigation as to what's going on down here denying people
[12:14.320 --> 12:21.720]  a due process procedure of 20 days after they get served. If the people probably don't call
[12:21.720 --> 12:27.640]  it to the attention, then it just rides through. So it could be this situation where people
[12:27.640 --> 12:28.640]  don't know that.
[12:28.640 --> 12:34.400]  In Texas, we have a provision in the code of criminal procedure for a court of inquiry.
[12:34.400 --> 12:38.240]  Do you have something similar in Wisconsin?
[12:38.240 --> 12:42.640]  Not that I know of, but I don't know.
[12:42.640 --> 12:49.760]  You might look. A court of inquiry is generally for the purpose of inquiring into public officials.
[12:49.760 --> 12:50.760]  Oh, okay.
[12:50.760 --> 12:56.800]  They may not call it that, but there's a good chance there is a similar provision in Wisconsin.
[12:56.800 --> 12:59.480]  Okay. That's what I like to see.
[12:59.480 --> 13:04.400]  I used to live near Wisconsin and they need a similar provision in Wisconsin.
[13:04.400 --> 13:11.720]  That's what I like to see on this because this individual just, boom, I got with him
[13:11.720 --> 13:15.600]  and I looked at this and I said, well, this one seems to be quite a railroad job. How
[13:15.600 --> 13:21.000]  many other people have they done this to? Let's have learned counsel here, get things
[13:21.000 --> 13:22.280]  straightened out and done right.
[13:22.280 --> 13:31.280]  This is what we need. If you get him to do something that violates a shall that also
[13:31.280 --> 13:38.720]  denies the guy in a right, then you get to go after the attorney criminally and that's
[13:38.720 --> 13:41.200]  a boot. That's a lot more fun.
[13:41.200 --> 13:42.200]  Okay.
[13:42.200 --> 13:45.520]  And we have that failure to perform a ministerial duty.
[13:45.520 --> 13:51.680]  Well, it's not necessarily a crime unless the failure to perform the ministerial duty
[13:51.680 --> 13:57.240]  denies the citizen full and free access to enjoyment. Right. If it does that, then you've
[13:57.240 --> 14:01.760]  got a good shot at it. Okay. Do you have any more questions or comments?
[14:01.760 --> 14:06.280]  No, no, that was just it. Just excellent show tonight as usual guys.
[14:06.280 --> 14:08.800]  Okay. Thank you.
[14:08.800 --> 14:15.120]  Now we're going to go to Paul from Texas and we've got a lot of open lines, so feel free
[14:15.120 --> 14:21.920]  to call in 512-646-1984. Paul, what's on your mind tonight?
[14:21.920 --> 14:28.360]  Hey, how you doing there Randy? A real quick question for Eddie and one for yourself. Eddie,
[14:28.360 --> 14:35.280]  had a friend of mine came by and they gave him a citation for his vehicle and apparently
[14:35.280 --> 14:40.840]  he didn't have insurance and he didn't have his driver license. Because of no insurance,
[14:40.840 --> 14:46.560]  they hauled his vehicle off and he didn't have his driver license. They had him signed
[14:46.560 --> 14:53.560]  some electronic pamphlet or whatever and as soon as he got done with that, he noticed
[14:53.560 --> 15:01.240]  a red beam. I find it kind of strange, but he said the officer said it was a new process
[15:01.240 --> 15:04.600]  that they're doing and it's something good that they're doing. Have you ever heard anything
[15:04.600 --> 15:05.600]  of this?
[15:05.600 --> 15:10.960]  Yeah, they're actually having some of these pads that will scan and take fingerprints
[15:10.960 --> 15:13.920]  and things as you're messing with the pad.
[15:13.920 --> 15:18.960]  Is that legal? Of course not, right?
[15:18.960 --> 15:20.960]  Define legal for these people these days.
[15:20.960 --> 15:25.280]  Thank you very much. That answers my question.
[15:25.280 --> 15:30.960]  But at least your friend has a good charge of grand theft auto against them because the
[15:30.960 --> 15:36.160]  insurance statutes in California apply only to the commercial motor vehicles just as the
[15:36.160 --> 15:41.120]  license does. California law makes it very, very plain that it does not apply to a private
[15:41.120 --> 15:42.120]  automobile.
[15:42.120 --> 15:43.120]  Wow.
[15:43.120 --> 15:45.120]  Paul, are you in California or Texas?
[15:45.120 --> 15:47.120]  No, I'm here in Texas.
[15:47.120 --> 15:48.120]  Oh, you're in Texas?
[15:48.120 --> 15:49.120]  Yes.
[15:49.120 --> 15:50.120]  Was your friend here in Texas?
[15:50.120 --> 15:51.120]  Yes, sir. That was...
[15:51.120 --> 15:57.480]  Okay. All right. Yeah. Well, same thing applies in Texas. It's also strictly commercial. It
[15:57.480 --> 15:59.120]  has nothing to do with you or I.
[15:59.120 --> 16:03.520]  All right. I kind of thought that was pretty strange. That was the first time I ever heard
[16:03.520 --> 16:08.840]  about that retinal, I don't know what it is, facial scan or retinal scan. It hit him in
[16:08.840 --> 16:09.840]  the face.
[16:09.840 --> 16:14.840]  Yeah. That's why if they want to give me an electronic pad, I'll ask them to sit it down
[16:14.840 --> 16:19.040]  on the car. I'm not going to touch it. I'm going to stand at the side of it, not in front
[16:19.040 --> 16:20.040]  of it.
[16:20.040 --> 16:26.520]  If that's... If they're doing retinal scans, then we need to get mirror sunglasses and
[16:26.520 --> 16:27.520]  wear them.
[16:27.520 --> 16:29.520]  We can do these, right?
[16:29.520 --> 16:35.320]  Okay. We have another question. Okay. We're about to go to break. So hang on to the other
[16:35.320 --> 16:36.320]  side.
[16:36.320 --> 16:37.320]  Okay.
[16:37.320 --> 16:46.280]  We have call lines open. You can call in 512-646-1984. Debra Stevens, Eddie Craig, Wheel of Law Radio,
[16:46.280 --> 17:02.240]  our Info Marathon. We will be right back on the other side.
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[19:22.560 --> 19:28.600]  Hi folks, we are back. This is Rule of Law Radio. Eddie Craig, Randy Kelton, Debra Stevens.
[19:28.600 --> 19:33.480]  Audio, we do see you back on the line there. Please hang on and let us finish up with Paul
[19:33.480 --> 19:37.640]  and we'll get right back with you. Randy, go ahead with Paul, please.
[19:37.640 --> 19:39.640]  Okay, Paul, you had another question.
[19:39.640 --> 19:45.920]  Yes, sir. Randy, question. I've emailed you about... I signed a form four or six weeks
[19:45.920 --> 19:52.400]  ago to your remedies and I haven't heard a reply, so two weeks ago I sent an email and
[19:52.400 --> 19:57.240]  still... I know you've been pretty busy, so I totally understand. So I'm trying to go
[19:57.240 --> 20:00.880]  about this on my own up until I get some feedback and I was wondering...
[20:00.880 --> 20:04.920]  Wait a minute. You sent an email to Randy at remedies and real estate?
[20:04.920 --> 20:05.920]  Yes, sir.
[20:05.920 --> 20:07.400]  And got no response back?
[20:07.400 --> 20:12.160]  Yes, it's been about two weeks. I mean, I signed a form, about four to six weeks, so
[20:12.160 --> 20:17.000]  I replied two weeks ago on your email and I haven't got anything. So like I said, I'm
[20:17.000 --> 20:23.680]  sure you're pretty busy, I understand. So I'm trying to go about this and doing it myself
[20:23.680 --> 20:29.080]  until I get some feedback. And my question is this, is that when I go to the bank, what
[20:29.080 --> 20:34.760]  type of information do I ask them so that I can find a history of the note to see or
[20:34.760 --> 20:37.560]  confirm if there's any mirrors in there?
[20:37.560 --> 20:42.280]  Okay. What is the condition of your mortgage? Are you...
[20:42.280 --> 20:49.880]  Yes, I'm good. I just wanted to find evidence. So you're primed for a qualified written request.
[20:49.880 --> 20:54.200]  When was the last time they changed servicers?
[20:54.200 --> 21:00.040]  With my mortgage, my current mortgage is a 30-year note. I'm about 15 years into it.
[21:00.040 --> 21:04.840]  We're still current and they just... A new service just picked it up about three months
[21:04.840 --> 21:05.840]  ago.
[21:05.840 --> 21:11.080]  Okay. Anytime you get a new servicer, you can do another qualified written request.
[21:11.080 --> 21:16.240]  And that's probably the best way to... You can have a bunch of them online. If you will
[21:16.240 --> 21:22.960]  send me an email tomorrow or tonight to Randy at Remedies and put the subject line in all
[21:22.960 --> 21:23.960]  caps.
[21:23.960 --> 21:24.960]  Okay.
[21:24.960 --> 21:26.680]  I will be sure to get it.
[21:26.680 --> 21:30.480]  Yeah, because I've got three properties. The one is my current home and then I've got two
[21:30.480 --> 21:35.600]  rentals that are also refinanced. And, you know...
[21:35.600 --> 21:41.400]  Okay. We will get back to you tomorrow, I assure you.
[21:41.400 --> 21:44.200]  Okay. Be Paul from San Antonio.
[21:44.200 --> 21:46.160]  Yeah, notice the 210.
[21:46.160 --> 21:47.160]  Yes.
[21:47.160 --> 21:54.800]  Yeah, we will get back to you on that. And I apologize for us missing you. We have had
[21:54.800 --> 22:01.480]  quite a bit. I did a Alex Jones interview and we got quite a bit of responses that we're
[22:01.480 --> 22:05.120]  trying to get all caught up with.
[22:05.120 --> 22:07.840]  Yeah. First thing you want to send is a qualified written request.
[22:07.840 --> 22:12.720]  Okay. And do you have this in your jurisprudence, in your website there?
[22:12.720 --> 22:19.360]  I don't have it up on the website. There are a lot of qualified written requests out on
[22:19.360 --> 22:24.760]  the internet, but most of them are kind of crapola because they seem not to understand
[22:24.760 --> 22:32.160]  what a qualified written request is. A qualified written request is a term of art. It has a
[22:32.160 --> 22:39.960]  special meaning. It means a notice to the lender that you have reason to believe there
[22:39.960 --> 22:47.960]  is an accounting error. And you demand that the lender correct the error. Now, it's pretty
[22:47.960 --> 22:53.360]  easy to get that if you will go on Remedies and Reestate. Did you fill out the data input
[22:53.360 --> 22:54.360]  page on the site?
[22:54.360 --> 23:00.160]  Oh, yes. I took the time to. So, you should have three. One for my main house. My main
[23:00.160 --> 23:05.760]  house, if you recall a while back, I had water damage. I lost that information, but I put
[23:05.760 --> 23:11.520]  in everything that I've got here. And then the other two properties also, I filled that
[23:11.520 --> 23:12.520]  out.
[23:12.520 --> 23:20.160]  Okay. Then we will look at that tomorrow and we will send you back a set of numbers. And
[23:20.160 --> 23:26.120]  we'll calculate the fraud on the property and you can send the qualified written request
[23:26.120 --> 23:33.600]  and claim this as an accounting error. That they overcharged you all of the fees on HUD
[23:33.600 --> 23:37.880]  1 settlement statements. For anybody who wants to do a qualified written request, just get
[23:37.880 --> 23:46.360]  your HUD 1 settlement statement. It contains all the fees you paid at closing. But at closing,
[23:46.360 --> 23:54.320]  the lender never provides documentation to show that the fees were, that the services
[23:54.320 --> 24:00.240]  charged for were necessary, that the fees they charged were authorized by law and not
[24:00.240 --> 24:07.680]  specifically exempted. That the services were necessary, that the amounts were reasonable
[24:07.680 --> 24:13.800]  and that they didn't take an undisclosed markup. And they're required to provide this documentation.
[24:13.800 --> 24:17.760]  They never do. So, you can presume that all the fees are bogus.
[24:17.760 --> 24:22.800]  Yeah. What do they do? Do they normally get all that and roll it into the financing?
[24:22.800 --> 24:29.040]  Yes. They add it to the principal. So, the real money they make is not the amount they
[24:29.040 --> 24:38.560]  charge you at closing. It's the interest that you'll pay extra over the life of the note.
[24:38.560 --> 24:44.560]  One of the first ones I did, I just mentioned Steve earlier, was his note and he had paid
[24:44.560 --> 24:51.280]  12,000 in fees. Well, if you subtracted that from the original principal and re-ran the
[24:51.280 --> 25:04.600]  note, he would pay $55,000 less on a $115,000 note. That's how much more they make from
[25:04.600 --> 25:13.240]  these. So, it costs you, it's a lot of difference. It's a lot of money. And what we do, we run
[25:13.240 --> 25:18.320]  numbers on it and that's part of the numbers we crunch. The other part of the numbers is
[25:18.320 --> 25:25.000]  the note in the truth in lending statement. We compare the two and about 75% of the time
[25:25.000 --> 25:30.760]  we find a major difference between those. The note is what you agreed to pay. Truth
[25:30.760 --> 25:36.840]  in lending has what they say you're supposed to pay. And for the most part, the truth in
[25:36.840 --> 25:39.640]  lending comes up with you paying more than you're supposed to.
[25:39.640 --> 25:44.640]  Okay. Let me ask, should I fill up another form or resend another one or should I just
[25:44.640 --> 25:52.240]  go and reply to you that? Just email me with your subject line in all caps and I will make
[25:52.240 --> 25:56.800]  sure we get back to you in the morning. Okay, Brandy. We'll see you tomorrow, Eddie.
[25:56.800 --> 26:04.600]  Okay. All right. Thank you much. Okay. Now we're going to go to Claudio. Apparently,
[26:04.600 --> 26:13.040]  we missed one of your questions. Yeah. It was only one. It's okay. Basically, my question
[26:13.040 --> 26:22.560]  was that to stop a trustee sale, why would it be effective to do a quiet title?
[26:22.560 --> 26:32.280]  Well, to do a quiet title, I'm not sure. I don't know of a procedure just to do a quiet
[26:32.280 --> 26:37.400]  title. You have to sue for quiet title. Oh, yeah. Actually, I would be suing for
[26:37.400 --> 26:43.720]  quiet title. Yeah. You'd have to just prepare and file a lawsuit. Okay. Quiet title is one
[26:43.720 --> 26:50.360]  thing you ask for, but if you want to get quiet title, you might want to ask for a whole
[26:50.360 --> 27:00.000]  bunch more. Okay. So even a jury or even a judge only has so many no's in them. So give
[27:00.000 --> 27:05.240]  them something to say no about at least. I was talking to someone today about how to
[27:05.240 --> 27:12.560]  address these issues, and they were talking about someone who only addresses a single
[27:12.560 --> 27:19.640]  issue. They said, you really nail it down and you back the judge in a corner where he
[27:19.640 --> 27:29.880]  has no option. I'm saying, come on. You got to be kidding. The judge has options. He didn't
[27:29.880 --> 27:37.600]  care what the law says. He's going to do what he wants to. They only went in making a claim
[27:37.600 --> 27:44.320]  under Truth in Lending Act. Heck, we have the courts throwing out every one of ours
[27:44.320 --> 27:52.280]  claims on Truth in Lending Act. So you want to go in with as many claims as you can validly
[27:52.280 --> 28:01.400]  get against the lender. Okay. So you have more likely to be able to get the one that
[28:01.400 --> 28:12.480]  you want. Okay. Very good. Very good. Another thing, I've got a property in San Diego, and
[28:12.480 --> 28:19.600]  the original lender was the KB Homes because I bought it brand new. KB Homes sold it to
[28:19.600 --> 28:26.840]  Countrywide and Countrywide sold it to Bank of America. My question is, I've got a contract
[28:26.840 --> 28:33.640]  with Countrywide, don't I? Yes. No, no, no. I mean, KB Homes is the original lender, right?
[28:33.640 --> 28:44.080]  Yes. And whoever is the assignee of that original lender. Which means? Whoever is collecting
[28:44.080 --> 28:57.480]  the fees. Well, the way I look at it, I want to dispute my contract with KB Homes. Okay.
[28:57.480 --> 29:03.480]  KB Homes, are they still in business? Yes, they still are, but they sold the rights,
[29:03.480 --> 29:07.840]  they sold the loan to Countrywide. Yeah, we don't care about that. You don't care about
[29:07.840 --> 29:17.280]  that. Okay. You claim fraud. Okay. You claim fraud against the lender and the fraud becomes
[29:17.280 --> 29:27.720]  a tar baby. Everybody who touches it sticks to it. Okay. In that anyone who received any
[29:27.720 --> 29:36.720]  enrichment from the contract received unjust enrichment. And whoever is currently collecting
[29:36.720 --> 29:42.280]  the payments on the property. I'll wait for you to come back for the answer. Okay. Thank
[29:42.280 --> 29:49.880]  you. This is Randy Kelton, Eddie Craig. David Stevens has the night off. We'll be right
[29:49.880 --> 30:04.200]  back on the other side. Come down and enjoy Austin's own piece of the Caribbean right
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[30:37.600 --> 30:41.800]  to settle in with a nice warm bowl of her chicken soup. I'm Dr. Catherine Albrecht and
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[31:27.520 --> 31:32.480]  contains amino acids that act like prescription medicines used to treat bronchitis. It helps
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[31:42.600 --> 31:46.760]  the world over have long recognized the healing properties of chicken soup. While regional
[31:46.760 --> 31:51.320]  variations include everything from Thai chilies to Indian curry, they all have one thing in
[31:51.320 --> 31:58.320]  common, they work. I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:22.320 --> 32:29.320]  I won't, I won't, I won't let you pull the wool over my eyes. I still must refuse your
[32:29.320 --> 32:36.320]  news, also doesn't lie. It seems you like to spare, but please take some words to the
[32:36.320 --> 32:43.320]  wise. Please stop trying to pull the wool over my eyes.
[32:57.320 --> 33:03.320]  Hi folks, we are back. This is Rule of Law Radio. Randy Kelton, Eddie Craig, Debra Stevens.
[33:03.320 --> 33:07.320]  Okay, Randy, let's finish up with Claudio, shall we?
[33:07.320 --> 33:09.320]  Yeah, Claudio, where were we?
[33:09.320 --> 33:13.320]  Well, yeah, we left up where I bought the property from KB Homes.
[33:13.320 --> 33:14.320]  Oh, okay.
[33:14.320 --> 33:21.320]  Well, let me finish my question. I'm sorry to interrupt you. My question is, I bought
[33:21.320 --> 33:25.320]  the property from KB Homes, so I got a contract from KB Homes, right?
[33:25.320 --> 33:26.320]  Right.
[33:26.320 --> 33:33.320]  So, so the, so KB Homes buys it, then turns it over to Bank of America, but do I have
[33:33.320 --> 33:37.320]  a contract with Bank of America?
[33:37.320 --> 33:44.320]  Yes, you do, and if your note is like most everyone I've seen, there is a provision in
[33:46.320 --> 33:53.320]  the note that authorizes the lender to sell the note to one or more persons.
[33:53.320 --> 34:00.320]  Okay, okay, but could I erase the issue of our Statutes of Fraud, that it doesn't meet
[34:01.320 --> 34:07.320]  the requirements, the elements for the Statutes of Fraud on that contract. Do you follow
[34:07.320 --> 34:08.320]  my question?
[34:08.320 --> 34:11.320]  Wait a minute, no. Restate the question.
[34:11.320 --> 34:16.320]  Okay, okay, the Statutes of Fraud, under the Statutes of Fraud, there are certain elements
[34:16.320 --> 34:20.320]  that would need to be required to perform a contract.
[34:20.320 --> 34:21.320]  Yes.
[34:21.320 --> 34:28.320]  So under the Statutes of Fraud, Bank of America, being the last purchaser of the loan, did
[34:28.320 --> 34:35.320]  not give me no consideration, do I have to, do I have to make the contract good?
[34:35.320 --> 34:42.320]  Wait a minute, wait a minute, you're saying that Bank of America is not responsible for
[34:43.320 --> 34:44.320]  the fraud?
[34:44.320 --> 34:50.320]  No, no, no, no, I'm not saying that, I'm not saying that. What I'm trying to say, I'm
[34:50.320 --> 34:51.320]  making it very difficult.
[34:51.320 --> 34:57.320]  Okay, okay, I think I understand. You're saying, does Bank of America have standing to enforce
[34:57.320 --> 34:58.320]  the contract?
[34:58.320 --> 35:01.320]  Exactly, when they gave me no consideration.
[35:01.320 --> 35:08.320]  You know, actually, that's not an issue you can bring, because the note was assigned to
[35:12.320 --> 35:17.320]  Bank of America, and in the creation of the note, consideration was given.
[35:17.320 --> 35:21.320]  Well, did they assign the contract?
[35:21.320 --> 35:28.320]  If the, that's the real question, was the contract actually assigned to Bank of America?
[35:29.320 --> 35:36.320]  Do they own it? Or is it in a pool somewhere?
[35:36.320 --> 35:42.320]  Randy, the way I look at it, we're going to call it the superior contract, right?
[35:42.320 --> 35:43.320]  Yes.
[35:43.320 --> 35:48.320]  Who's breaching the contract? I'm not breaching the contract, because I do not have a contract
[35:48.320 --> 35:51.320]  with Bank of America, because hating gave me no consideration.
[35:51.320 --> 35:57.320]  Wait, no, you can't make that argument, because unless this provision is not in your note,
[35:57.320 --> 36:02.320]  this provision has been in every note I've looked at, and it's a provision that authorizes
[36:02.320 --> 36:07.320]  the lender to sell or assign the contract to anyone they choose.
[36:07.320 --> 36:08.320]  Okay.
[36:08.320 --> 36:18.320]  And whoever the contract is sold or assigned to, they become the holder in due course,
[36:18.320 --> 36:25.320]  or if not the holder in due course, at least the holder, and have the right to, they have
[36:25.320 --> 36:30.320]  standing to express the contract.
[36:30.320 --> 36:37.320]  Yes, yes, by the fact that the Bank of America, do I have a contract with Bank of America?
[36:37.320 --> 36:38.320]  That's my question.
[36:38.320 --> 36:39.320]  Yes, yes you do.
[36:39.320 --> 36:41.320]  I do, even though they didn't give me no consideration.
[36:41.320 --> 36:42.320]  Yes.
[36:42.320 --> 36:45.320]  I should submit the statutes of fraud.
[36:45.320 --> 36:48.320]  Wait, but that has nothing to do with the fraud.
[36:48.320 --> 36:52.320]  No, no, no, statutes of fraud are the regulations that enforce the contract.
[36:52.320 --> 36:58.320]  Yeah, wait a minute. Wait a minute, I'm not sure I know what you're talking about.
[36:58.320 --> 36:59.320]  Okay, okay.
[36:59.320 --> 37:06.320]  Okay, as to the consideration, the original creator of the contract gave consideration.
[37:06.320 --> 37:11.320]  Because he sold the contract doesn't negate the consideration he gave.
[37:11.320 --> 37:13.320]  Okay, okay, sorry.
[37:13.320 --> 37:23.320]  Essentially, Bank of America, they gave some sort of consideration for the contract.
[37:23.320 --> 37:25.320]  Supposedly.
[37:25.320 --> 37:30.320]  Supposedly, but that's not an issue you can litigate.
[37:30.320 --> 37:37.320]  The one who had a right to consideration for the contract was the lender that held the contract.
[37:37.320 --> 37:38.320]  Okay.
[37:38.320 --> 37:45.320]  If the lender just chose to give the contract away, that's absolutely their right.
[37:45.320 --> 37:46.320]  Okay.
[37:46.320 --> 37:50.320]  And they assigned it to them, that's not an argument you will win.
[37:50.320 --> 37:52.320]  Okay.
[37:52.320 --> 37:56.320]  I've heard this argument brought up before, but it doesn't matter.
[37:56.320 --> 37:59.320]  There's an argument about there's no money.
[37:59.320 --> 38:02.320]  They didn't give any money for it.
[38:02.320 --> 38:09.320]  Well, under the statutes of fraud that protects the contract,
[38:09.320 --> 38:13.320]  it says that there has to be consideration in order for a contract.
[38:13.320 --> 38:21.320]  It's got to be a written contract and there needs to be consideration in order for it to be enforceable contract.
[38:21.320 --> 38:30.320]  But the statute of fraud doesn't require that every person who is a subsequent holder of the contract,
[38:30.320 --> 38:38.320]  they're not necessarily required to give consideration to the party and the opposing party in the contract.
[38:38.320 --> 38:41.320]  Okay, I got your point.
[38:41.320 --> 38:46.320]  The original creator of the contract did give that consideration.
[38:46.320 --> 38:49.320]  Then the contract became a fact.
[38:49.320 --> 38:56.320]  After that, whoever holds it, holds it subsequent to the original consideration.
[38:56.320 --> 39:08.320]  So what you're telling me is that the person that generated the original contract gave power to the other party that's coming after me.
[39:08.320 --> 39:09.320]  Yes.
[39:09.320 --> 39:11.320]  Okay.
[39:11.320 --> 39:15.320]  Well, it must have been legal power, no?
[39:15.320 --> 39:16.320]  Yes, that is a legal power.
[39:16.320 --> 39:18.320]  They can do that.
[39:18.320 --> 39:22.320]  Okay, I'm just trying to find a way to stop it.
[39:22.320 --> 39:24.320]  Go to Remedies and Real Estate.
[39:24.320 --> 39:26.320]  You'll see a lot of stuff in there.
[39:26.320 --> 39:27.320]  All right.
[39:27.320 --> 39:35.320]  There's a lot of guys out there bringing up issues that they're considerations, but they're considerations without a difference.
[39:35.320 --> 39:38.320]  They're issues that you just can't win.
[39:38.320 --> 39:42.320]  One of my most frustrating issues was there was no money argument.
[39:42.320 --> 39:50.320]  Well, the only thing that put me on a flip is that the statute of law states that in order to enforce a contract, there's got to be consideration.
[39:50.320 --> 39:51.320]  Yes.
[39:51.320 --> 40:01.320]  What you're doing is assuming that that consideration has to be provided by each person who ever holds the contract.
[40:01.320 --> 40:02.320]  Okay.
[40:02.320 --> 40:06.320]  Well, man, you've got to find your way.
[40:06.320 --> 40:09.320]  Thank you very much for your answer.
[40:09.320 --> 40:12.320]  Do you remember my brother's last question?
[40:12.320 --> 40:13.320]  I just don't remember.
[40:13.320 --> 40:14.320]  I don't remember the answer.
[40:14.320 --> 40:16.320]  I'm making it very difficult for you.
[40:16.320 --> 40:18.320]  About the unlawful detainer?
[40:18.320 --> 40:19.320]  Yeah.
[40:19.320 --> 40:21.320]  Well, he says that they have to prove it.
[40:21.320 --> 40:25.320]  Is Carlos on the line somewhere in there?
[40:25.320 --> 40:26.320]  Maybe he can ask a question.
[40:26.320 --> 40:28.320]  No, I don't see him up.
[40:28.320 --> 40:29.320]  All right.
[40:29.320 --> 40:34.320]  He was trying to – he was talking about the –
[40:34.320 --> 40:38.320]  Not about the detainer, but he told me they had to prove something.
[40:38.320 --> 40:47.320]  He was talking about having a claim against the title and one other claim that had to be a due process claim had to be adjudicated by the district court.
[40:47.320 --> 40:49.320]  Yeah.
[40:49.320 --> 41:05.320]  And that's a good tactic to take because if he can establish that and this court, the unlawful detainer court moves ahead, the unlawful detainer court moves ahead without subject matter jurisdiction.
[41:05.320 --> 41:09.320]  And there's only one time you can sue a judge.
[41:09.320 --> 41:12.320]  It's when he acts without subject matter jurisdiction.
[41:12.320 --> 41:13.320]  Yeah.
[41:13.320 --> 41:14.320]  Yeah, yeah, yeah.
[41:14.320 --> 41:15.320]  We will just discuss it.
[41:15.320 --> 41:19.320]  Actually, my brother and I will try to put a little trick on you if you can remember.
[41:19.320 --> 41:22.320]  Thanks very much for your answers and I like your show.
[41:22.320 --> 41:23.320]  Okay.
[41:23.320 --> 41:24.320]  Thank you.
[41:24.320 --> 41:25.320]  Bye.
[41:25.320 --> 41:26.320]  Okay.
[41:26.320 --> 41:28.320]  Now we're going to go to Doug from Texas.
[41:28.320 --> 41:31.320]  Doug, what's on your mind tonight?
[41:31.320 --> 41:40.320]  Hi, Randy, Eddie, I want to thank both of you gentlemen for being veterans.
[41:40.320 --> 41:58.320]  You saved my rights from the people of Vietnam and Afghanistan or wherever because we have the right to get a permit to do damn near anything we want to do in this country.
[41:58.320 --> 42:08.320]  I think I can get the right to mow my grass and trim a tree occasionally and, you know, the basic human rights.
[42:08.320 --> 42:11.320]  I appreciate your service, gentlemen.
[42:11.320 --> 42:13.320]  Well, thank you.
[42:13.320 --> 42:15.320]  Yeah, thank you very much.
[42:15.320 --> 42:19.320]  Too bad we didn't know we were fighting in the wrong place with the wrong people, huh?
[42:19.320 --> 42:28.320]  Part of the problem we're having with our rights is we have the right to mow our grass, but we don't have the right not to mow our grass.
[42:28.320 --> 42:29.320]  Right.
[42:29.320 --> 42:32.320]  And I hate mowing the grass.
[42:32.320 --> 42:43.320]  Well, you know, just because we pay their salaries doesn't necessarily mean that they can't tell us what to do.
[42:43.320 --> 43:01.320]  Kind of like the butler took over paycheck and he, you know, butler says, well, you know, Eddie or, you know, we think that you might want to do this if you want any money this week.
[43:01.320 --> 43:04.320]  How in the hell did that happen?
[43:04.320 --> 43:08.320]  How did it get upside down, backwards, whatever?
[43:08.320 --> 43:12.320]  It got this way because we haven't been doing our jobs.
[43:12.320 --> 43:15.320]  Yep. We didn't plant our foot far enough soon enough.
[43:15.320 --> 43:17.320]  Exactly.
[43:17.320 --> 43:28.320]  If we stand up as sovereign citizens and remind them who we are, remind them of their duty and make sure they do it, this problem will go away of its own accord.
[43:28.320 --> 43:31.320]  And we just haven't been doing that enough.
[43:31.320 --> 43:33.320]  And that's what we're here for.
[43:33.320 --> 43:39.320]  To get people to wake up and stand up and take these guys to task.
[43:39.320 --> 43:42.320]  This is Randy Kelton, Eddie Craig.
[43:42.320 --> 43:44.320]  David Stevens has the night off.
[43:44.320 --> 43:46.320]  Wheel of Law Radio.
[43:46.320 --> 44:01.320]  We'll be right back on the other side.
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[45:43.320 --> 45:47.320]  That's 908-691-2608.
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[45:55.320 --> 46:18.320]  Music
[46:18.320 --> 46:24.320]  As always I must be careful what I'm wishing for
[46:24.320 --> 46:29.320]  When I'm hungry I like to know just what I'm fishing for
[46:29.320 --> 46:35.320]  I ain't asking for much I ain't trying to be no glutton
[46:35.320 --> 46:41.320]  I'm just here making my living pushing buttons
[46:41.320 --> 46:47.320]  I give my message out to anyone who's shouting distance
[46:47.320 --> 46:52.320]  Both for bravery and against slavery showing resistance
[46:52.320 --> 46:57.320]  First I'm crawling then I'm walking then I start strutting
[46:57.320 --> 47:01.320]  I'm just so glad to make my living pushing buttons
[47:01.320 --> 47:14.320]  Music
[47:14.320 --> 47:19.320]  When we sat down to play Monopoly we all wanted to win the game
[47:19.320 --> 47:22.320]  We gave some guy endless money supply
[47:22.320 --> 47:25.320]  Nothing I've been thinking this brain
[47:25.320 --> 47:29.320]  After some time the worth of my dime got beat down to them
[47:29.320 --> 47:32.320]  They're not the time I'd have been too known right
[47:32.320 --> 47:36.320]  Still I make my living pushing buttons
[47:36.320 --> 47:48.320]  Music
[47:48.320 --> 47:52.320]  There's a man over there with ammunition looking for the brand new
[47:52.320 --> 47:57.320]  Okay, this is Randy Kelton, Eddie Craig, The Little Law Radio.
[47:57.320 --> 48:03.320]  We're on our info marathon, phone lines are open.
[48:03.320 --> 48:07.320]  If you've got questions or comments feel free to call in.
[48:07.320 --> 48:11.320]  We've had a few questions about the real estate stuff
[48:11.320 --> 48:15.320]  and I haven't talked about it in a while.
[48:15.320 --> 48:20.320]  So I'm going to spend a little time and kind of go back over that.
[48:20.320 --> 48:25.320]  There's been a lot of things happening in this area.
[48:25.320 --> 48:32.320]  We talked about for quite a while that in March the legislators
[48:32.320 --> 48:40.320]  set aside 200 million to the FBI to go after financial crime.
[48:40.320 --> 48:48.320]  And in June and July they brought down some 500 indictments.
[48:48.320 --> 48:54.320]  And we were saying all along that we expected the legislators
[48:54.320 --> 48:57.320]  to throw the lenders to the wolves just before the election
[48:57.320 --> 49:01.320]  to try to get some of their votes back.
[49:01.320 --> 49:06.320]  Well it didn't work, they had the biggest rout in recent history
[49:06.320 --> 49:11.320]  in the legislature in the elections, but they did start a train
[49:11.320 --> 49:16.320]  running down the track that they can't get off the track.
[49:16.320 --> 49:19.320]  They started putting pressure on apparently on the judges
[49:19.320 --> 49:22.320]  to start ruling against the lenders.
[49:22.320 --> 49:26.320]  They sent attorney generals out, the attorney general out
[49:26.320 --> 49:29.320]  after a number of these lenders to do investigations
[49:29.320 --> 49:38.320]  and bring critical, what's the word, I hate it when I lose the word,
[49:38.320 --> 49:46.320]  getting them looked at critically by enforcement agencies.
[49:46.320 --> 49:50.320]  And this gets everyone's attention and gets everyone paying attention.
[49:50.320 --> 49:56.320]  And it has gotten the courts to begin to rule against the lender.
[49:56.320 --> 50:00.320]  Once this is started they're not going to be able to bring it back.
[50:00.320 --> 50:04.320]  And it has absolutely started.
[50:04.320 --> 50:11.320]  We're getting the bankers themselves are beginning to notice
[50:11.320 --> 50:14.320]  and they're beginning to come to the table and make deals.
[50:14.320 --> 50:20.320]  So if you're in a loan and you're having trouble with the mortgage,
[50:20.320 --> 50:23.320]  you know one of the hardest things to get people over
[50:23.320 --> 50:30.320]  is this shame people tend to feel that they can't pay for their home.
[50:30.320 --> 50:39.320]  What most people don't realize is they were lied to at every step of the way.
[50:39.320 --> 50:43.320]  From the beginning all the way through everyone lied to them.
[50:43.320 --> 50:49.320]  This wasn't just a matter of a few unscrupulous individuals
[50:49.320 --> 50:53.320]  acting inappropriately for their own personal ends.
[50:53.320 --> 50:59.320]  This was an entire industry totally out of control.
[50:59.320 --> 51:09.320]  I'm in the process at the moment of rewriting a tort letter
[51:09.320 --> 51:13.320]  which makes claims against the lender.
[51:13.320 --> 51:22.320]  And in that tort letter I'm demonstrating how from the beginning everybody
[51:22.320 --> 51:27.320]  in the industry those people that you should have been able to trust
[51:27.320 --> 51:29.320]  were all working together.
[51:29.320 --> 51:34.320]  One of the things the courts have been upholding for the lender
[51:34.320 --> 51:38.320]  is when you make a claim against the lender on the fraud they say
[51:38.320 --> 51:45.320]  well the bank has no fiduciary duty to the borrower.
[51:45.320 --> 51:50.320]  And I'm making the argument that yes they does.
[51:50.320 --> 51:57.320]  Because in the tort letter we put together we maintain that the lender
[51:57.320 --> 52:02.320]  charges the borrower all of these fees at closing.
[52:02.320 --> 52:05.320]  And that these fees are false fees.
[52:05.320 --> 52:10.320]  But the lender is not allowed to charge a number of these fees.
[52:10.320 --> 52:14.320]  At closing the lender is required to bring documentation
[52:14.320 --> 52:18.320]  to show that the fees are proper they never do.
[52:18.320 --> 52:23.320]  And we claim that the lender charges these extra fees
[52:23.320 --> 52:31.320]  so that the lender will have this extra money to bribe the broker,
[52:31.320 --> 52:37.320]  the real estate broker to breach his fiduciary duty to the borrower
[52:37.320 --> 52:41.320]  and upsell the note to the borrower.
[52:41.320 --> 52:47.320]  And then the lender through the banks have gotten rules passed
[52:47.320 --> 52:54.320]  that restrict the hiring of an appraiser to the lender.
[52:54.320 --> 52:59.320]  If you're buying a house they're saying you can't hire your own appraiser.
[52:59.320 --> 53:02.320]  We hire the appraiser.
[53:02.320 --> 53:09.320]  That gives the lender undue influence over the appraiser
[53:09.320 --> 53:16.320]  and allows the lender to influence the appraiser to appraise at a higher value.
[53:16.320 --> 53:22.320]  And therefore breach his fiduciary duty to the borrower.
[53:22.320 --> 53:26.320]  And then the lender works with the underwriter.
[53:26.320 --> 53:30.320]  They create a loan that's deliberately too expensive
[53:30.320 --> 53:33.320]  for the individual to be able to afford.
[53:33.320 --> 53:37.320]  And then the lender working with the underwriter
[53:37.320 --> 53:45.320]  changes the documents that the lender files with the lender,
[53:45.320 --> 53:47.320]  changes the application.
[53:47.320 --> 53:56.320]  So the application shows figures that would authorize the person for the loan.
[53:56.320 --> 54:01.320]  Just talk to someone today and that's precisely what they did.
[54:01.320 --> 54:03.320]  This is a common practice.
[54:03.320 --> 54:10.320]  And in that way the underwriter breached his fiduciary duty to the borrower.
[54:10.320 --> 54:18.320]  And then the trustee, the closing trustee,
[54:18.320 --> 54:24.320]  he had a fiduciary duty to the borrower to act in good faith and fair dealing
[54:24.320 --> 54:29.320]  and he breached that by not giving the borrower enough time
[54:29.320 --> 54:34.320]  to examine, to read and understand all of the documentation put before him.
[54:34.320 --> 54:41.320]  And he failed to advise the borrower of the relationship between the borrower
[54:41.320 --> 54:48.320]  and the relationship between the lender and the trustee.
[54:48.320 --> 54:53.320]  The relationship that had the borrower been aware of the true nature
[54:53.320 --> 54:55.320]  of the relationship between them,
[54:55.320 --> 54:58.320]  he would have reason not to go through with the purchase
[54:58.320 --> 55:01.320]  or with entering into the contract.
[55:01.320 --> 55:07.320]  Now we're getting a shot at the lender because the lender
[55:07.320 --> 55:11.320]  or whoever the current assign is,
[55:11.320 --> 55:14.320]  is responsible for the fraud committed,
[55:14.320 --> 55:18.320]  created in the creation of the security instrument.
[55:18.320 --> 55:22.320]  And because the borrower, the lender,
[55:22.320 --> 55:27.320]  bribed the broker to breach his fiduciary duty to the borrower,
[55:27.320 --> 55:35.320]  the lender is equally culpable for the breach of fiduciary duty
[55:35.320 --> 55:39.320]  that the broker committed.
[55:39.320 --> 55:46.320]  And the appraiser and the underwriter and the trustee
[55:46.320 --> 55:50.320]  all breached their fiduciary duties at the behest
[55:50.320 --> 55:54.320]  and in concert and collusion with the lender.
[55:54.320 --> 55:59.320]  Therefore, we maintain that the lender is culpable
[55:59.320 --> 56:04.320]  for a tort claim of breach of fiduciary duty.
[56:04.320 --> 56:07.320]  Been working on that one for a while.
[56:07.320 --> 56:09.320]  What do you think, Eddie?
[56:09.320 --> 56:11.320]  Think it'll fly?
[56:11.320 --> 56:14.320]  I think it ought to fly with a jet propelled engine
[56:14.320 --> 56:17.320]  if we can just stick together and make it work.
[56:17.320 --> 56:20.320]  We got a call up.
[56:20.320 --> 56:23.320]  Mike in Florida.
[56:23.320 --> 56:25.320]  Mike, what's on your mind tonight?
[56:25.320 --> 56:27.320]  Yeah, Randy, how you guys doing?
[56:27.320 --> 56:30.320]  This is for Eddie.
[56:30.320 --> 56:31.320]  Well, all right.
[56:31.320 --> 56:36.320]  I'm getting ready to turn in my driver's license and my tags.
[56:36.320 --> 56:40.320]  Is there any certain way I should go about that?
[56:40.320 --> 56:41.320]  Okay.
[56:41.320 --> 56:44.320]  I'm going to offer one recommendation before you do this.
[56:44.320 --> 56:48.320]  Make certain you are readily familiar with the statutes of your state
[56:48.320 --> 56:51.320]  before you take that risk.
[56:51.320 --> 56:53.320]  I've got them sitting right in front of me.
[56:53.320 --> 56:54.320]  Okay.
[56:54.320 --> 56:57.320]  And you have ascertained without question for yourself
[56:57.320 --> 57:01.320]  that they do not require you to have these things?
[57:01.320 --> 57:02.320]  Oh, yes.
[57:02.320 --> 57:04.320]  It's quite well spelled out.
[57:04.320 --> 57:05.320]  Okay.
[57:05.320 --> 57:07.320]  And you have prepared all the documentation you're going to need
[57:07.320 --> 57:10.320]  to fight this in court as the time comes along?
[57:10.320 --> 57:11.320]  No.
[57:11.320 --> 57:13.320]  That's what I'm asking you about because that's what I want to get prepped for
[57:13.320 --> 57:15.320]  because I'm expecting the worst.
[57:15.320 --> 57:16.320]  Okay.
[57:16.320 --> 57:20.320]  The first thing I'd highly recommend you do is ask a series of questions
[57:20.320 --> 57:25.320]  of the agencies that are responsible for those licenses, registrations,
[57:25.320 --> 57:27.320]  inspections, and all that.
[57:27.320 --> 57:28.320]  Right.
[57:28.320 --> 57:30.320]  Take the statutes you have in front of you.
[57:30.320 --> 57:34.320]  Submit it to them in writing with specific questions relating to the
[57:34.320 --> 57:38.320]  necessity or applicability of those statutes to a private citizen
[57:38.320 --> 57:42.320]  versus a commercial entity.
[57:42.320 --> 57:43.320]  Catalog their answers.
[57:43.320 --> 57:46.320]  Catalog their lack of answers.
[57:46.320 --> 57:50.320]  Ask them more than once and make sure everything you send it in file
[57:50.320 --> 57:53.320]  is done certified mail return receipt requested.
[57:53.320 --> 57:57.320]  Any conversations you have, as long as it does not violate your state
[57:57.320 --> 58:01.320]  wiretapping laws, record them.
[58:01.320 --> 58:06.320]  But make your record before you have to make your court appearance, okay?
[58:06.320 --> 58:08.320]  Okay.
[58:08.320 --> 58:11.320]  That's my recommendation.
[58:11.320 --> 58:12.320]  I got one other question.
[58:12.320 --> 58:13.320]  Can I wait until after the...
[58:13.320 --> 58:14.320]  Yes, sir.
[58:14.320 --> 58:15.320]  You most certainly can.
[58:15.320 --> 58:18.320]  If you will hang on, we will pick you up on the other side of the break.
[58:18.320 --> 58:19.320]  Okay.
[58:19.320 --> 58:20.320]  All right.
[58:20.320 --> 58:22.320]  Okay, folks, this is Rule of Law Radio.
[58:22.320 --> 58:25.320]  Randy Kelton, Eddie Craig, Deborah Stevens.
[58:25.320 --> 58:27.320]  We will be right back after the break.
[58:27.320 --> 58:32.320]  If you have an issue, call in 512-646-1984,
[58:32.320 --> 58:37.320]  and we will be back in just a moment on the other side of the break.
[58:37.320 --> 59:00.320]  Music
[59:00.320 --> 59:03.320]  The Bible remains the most popular book in the world.
[59:03.320 --> 59:07.320]  Yet countless readers are frustrated because they struggle to understand it.
[59:07.320 --> 59:11.320]  Some new translations try to help by simplifying the text,
[59:11.320 --> 59:15.320]  but in the process can compromise the profound meaning of the Scripture.
[59:15.320 --> 59:18.320]  Enter the recovery version.
[59:18.320 --> 59:22.320]  First, this new translation is extremely faithful and accurate,
[59:22.320 --> 59:27.320]  but the real story is the more than 9,000 explanatory footnotes.
[59:27.320 --> 59:31.320]  Difficult and profound passages are opened up in a marvelous way,
[59:31.320 --> 59:34.320]  providing an entrance into the riches of the Word
[59:34.320 --> 59:37.320]  beyond what you've ever experienced before.
[59:37.320 --> 59:41.320]  Bibles for America would like to give you a free recovery version
[59:41.320 --> 59:43.320]  simply for the asking.
[59:43.320 --> 59:46.320]  This comprehensive yet compact study Bible is yours
[59:46.320 --> 59:53.320]  just by calling us toll-free at 1-888-551-0102
[59:53.320 --> 59:57.320]  or by ordering online at freestudybible.com.
[59:57.320 --> 01:00:00.320]  That's freestudybible.com.
[01:00:00.320 --> 01:00:04.320]  This news brief brought to you by the International News Network.
[01:00:04.320 --> 01:00:09.320]  A jury in Austin, Texas convicted former House Majority Leader Tom DeLay
[01:00:09.320 --> 01:00:11.320]  of money laundering Wednesday.
[01:00:11.320 --> 01:00:15.320]  DeLay is facing life in prison for funneling illegal corporate money
[01:00:15.320 --> 01:00:19.320]  to Texas legislative candidates in 2002.
[01:00:19.320 --> 01:00:23.320]  The funds helped Republicans take control of the Texas House,
[01:00:23.320 --> 01:00:27.320]  enabling the Republican majority to push through a delay-engineered
[01:00:27.320 --> 01:00:31.320]  congressional redistricting plan that sent more Texas Republicans
[01:00:31.320 --> 01:00:34.320]  to Congress in 2004.
[01:00:34.320 --> 01:00:38.320]  The UN Conference on Trade and Development said in a report Thursday
[01:00:38.320 --> 01:00:42.320]  the number of people in extreme poverty had increased by 3 million a year
[01:00:42.320 --> 01:00:47.320]  during the 2002-2007 world economic boom,
[01:00:47.320 --> 01:00:54.320]  reaching 421 million in 2007, twice as many as in 1980.
[01:00:54.320 --> 01:00:58.320]  The Daily Leaks is planning to release files that show Turkey has helped
[01:00:58.320 --> 01:01:00.320]  al-Qaeda in Iraq.
[01:01:00.320 --> 01:01:04.320]  Daily Al-Hayat also reported the U.S. helped the PKK,
[01:01:04.320 --> 01:01:06.320]  a Kurdish rebel organization.
[01:01:06.320 --> 01:01:10.320]  One of the documents, a U.S. military report, charges Turkey with failing
[01:01:10.320 --> 01:01:14.320]  to control its borders because Iraqi citizens residing in Turkey
[01:01:14.320 --> 01:01:21.320]  provided al-Qaeda with supplies to build bombs, guns and ammunition.
[01:01:21.320 --> 01:01:25.320]  The classified document obtained by the German news magazine Der Spiegel
[01:01:25.320 --> 01:01:28.320]  reveals notes from a meeting between a top German diplomat
[01:01:28.320 --> 01:01:31.320]  and former U.S. Secretary of State Condoleezza Rice
[01:01:31.320 --> 01:01:33.320]  weeks before the Iraq invasion.
[01:01:33.320 --> 01:01:37.320]  It shows steps were taken by the German government to prevent the war
[01:01:37.320 --> 01:01:41.320]  and contradicts claims in George Bush's memoir Decision Points
[01:01:41.320 --> 01:01:45.320]  that German Chancellor Gerhard Schröder indicated he would support Bush
[01:01:45.320 --> 01:01:47.320]  should the U.S. go to war.
[01:01:47.320 --> 01:01:51.320]  Spiegel says Bush wouldn't allow anyone to change his mind
[01:01:51.320 --> 01:01:54.320]  and was dead set on launching a war against Saddam Hussein
[01:01:54.320 --> 01:01:57.320]  in order to bring, quote, freedom to the Middle East,
[01:01:57.320 --> 01:02:02.320]  which he called, quote, God's gift to mankind.
[01:02:02.320 --> 01:02:06.320]  Iraq has run out of money to pay for widows' benefits, farm crops
[01:02:06.320 --> 01:02:08.320]  and other programs for the poor.
[01:02:08.320 --> 01:02:11.320]  In only its fourth session since being elected in March,
[01:02:11.320 --> 01:02:15.320]  Parliament demanded to know what happened to the estimated $1 billion
[01:02:15.320 --> 01:02:19.320]  allocated for welfare funding by the Finance Ministry for 2010.
[01:02:19.320 --> 01:02:25.320]  Maha Adori, one of the women who make up a quarter of the Parliament's 325 members,
[01:02:25.320 --> 01:02:30.320]  said, quote, there are thousands of widows who have not received financial aid for months.
[01:02:30.320 --> 01:02:35.320]  Another MP said farmers have not been paid for wheat and other crops for five months.
[01:02:35.320 --> 01:02:40.320]  Speaker Osama al-Nujafi promised that Parliament would push the Iraqi government
[01:02:40.320 --> 01:02:42.320]  for answers to where the money went.
[01:02:42.320 --> 01:02:46.320]  The MP's eagerness to take up an issue dear to their constituents
[01:02:46.320 --> 01:02:51.320]  may have been aimed in part to reverse public scorn for their own lavish pay.
[01:02:51.320 --> 01:03:13.320]  MP's salaries and allowances total $20,000 a month.
[01:03:21.320 --> 01:03:25.320]  Yes, a story for everyone to hear.
[01:03:25.320 --> 01:03:30.320]  It's like how we're not going to give in to the spirit of life.
[01:03:30.320 --> 01:03:39.320]  Yes, a story for everyone to hear.
[01:03:39.320 --> 01:03:46.320]  I will lie and lie my fuzz about until he returns.
[01:03:46.320 --> 01:03:50.320]  I will lie and lie my fuzz about
[01:03:50.320 --> 01:03:53.320]  until he returns.
[01:03:53.320 --> 01:03:57.320]  I will lie and lie my fuzz about
[01:03:57.320 --> 01:04:00.320]  until he returns.
[01:04:00.320 --> 01:04:02.320]  All right, folks, we are back.
[01:04:02.320 --> 01:04:07.320]  This is Rule of Law Radio, Eddie Craig, Randy Kelton, Debra Stevens.
[01:04:07.320 --> 01:04:08.320]  Debra does have the night off.
[01:04:08.320 --> 01:04:10.320]  She needed a break tonight.
[01:04:10.320 --> 01:04:14.320]  Right now we are talking to Mike in Florida.
[01:04:14.320 --> 01:04:17.320]  All right, Mike, please continue.
[01:04:17.320 --> 01:04:24.320]  So I've got the document already written for sending to the Executive Director
[01:04:24.320 --> 01:04:26.320]  of the Florida Department of Highway Safety and Motor Vehicles
[01:04:26.320 --> 01:04:31.320]  and to the Deputy Director of the Division of Driver License.
[01:04:31.320 --> 01:04:35.320]  Okay, the document is doing what, however?
[01:04:35.320 --> 01:04:37.320]  Is it asking questions?
[01:04:37.320 --> 01:04:38.320]  Is it making assertions?
[01:04:38.320 --> 01:04:40.320]  Or what is it doing?
[01:04:40.320 --> 01:04:42.320]  It's called an actual notice,
[01:04:42.320 --> 01:04:47.320]  and it says the aggrieved who is made hereby serves statement of good faith, reliance on the law,
[01:04:47.320 --> 01:04:51.320]  and issues regarding purported mandate for one to maintain driver's license
[01:04:51.320 --> 01:04:56.320]  and register his private property, i.e., automobile or other, with the state of Florida.
[01:04:56.320 --> 01:04:59.320]  And then it goes through.
[01:04:59.320 --> 01:05:02.320]  Okay, so this is your severation notice.
[01:05:02.320 --> 01:05:03.320]  Right.
[01:05:03.320 --> 01:05:11.320]  Okay, what I recommend you do before you take that step is get a confirmation notice.
[01:05:11.320 --> 01:05:18.320]  Ask them specific questions related to your understanding of the laws as written.
[01:05:18.320 --> 01:05:19.320]  Okay?
[01:05:19.320 --> 01:05:20.320]  Okay.
[01:05:20.320 --> 01:05:28.320]  Get something back from them in writing that shows they are either intentionally misrepresenting what it says
[01:05:28.320 --> 01:05:32.320]  or if they can reference you something that you might have missed.
[01:05:32.320 --> 01:05:35.320]  It's a good way to fill in any holes you may have.
[01:05:35.320 --> 01:05:36.320]  Okay.
[01:05:36.320 --> 01:05:40.320]  And I highly recommend you do that before you do anything else.
[01:05:40.320 --> 01:05:41.320]  Okay.
[01:05:41.320 --> 01:05:42.320]  Okay.
[01:05:42.320 --> 01:05:45.320]  You cannot build a waterproof dam if you don't check it for leaks.
[01:05:45.320 --> 01:05:46.320]  Right.
[01:05:46.320 --> 01:05:48.320]  Well, that's what you're going to do.
[01:05:48.320 --> 01:05:53.320]  Check your theory and your position for leaks before you jump.
[01:05:53.320 --> 01:05:54.320]  Okay.
[01:05:54.320 --> 01:05:56.320]  All right.
[01:05:56.320 --> 01:05:58.320]  I can't recommend that to anybody enough.
[01:05:58.320 --> 01:06:03.320]  The worst thing you can do is understand the truth but not be prepared to fight for it
[01:06:03.320 --> 01:06:07.320]  because that makes it bad on those that follow.
[01:06:07.320 --> 01:06:08.320]  Okay.
[01:06:08.320 --> 01:06:09.320]  All right.
[01:06:09.320 --> 01:06:16.320]  So make sure your position is sound by putting all the things in place that you can to ensure it's well supported.
[01:06:16.320 --> 01:06:18.320]  Ask questions first.
[01:06:18.320 --> 01:06:19.320]  Get confirmations.
[01:06:19.320 --> 01:06:21.320]  Get redirections.
[01:06:21.320 --> 01:06:23.320]  And you will get lots of redirection.
[01:06:23.320 --> 01:06:26.320]  Oh, you're not considering this and oh, you're not considering that.
[01:06:26.320 --> 01:06:31.320]  If it's not based on law, then you can do something different with it.
[01:06:31.320 --> 01:06:35.320]  But if they give you a lawful reference, go look it up.
[01:06:35.320 --> 01:06:42.320]  Show how they're either misapplying it, misrepresenting it, or how it never actually applied to begin with.
[01:06:42.320 --> 01:06:43.320]  Okay.
[01:06:43.320 --> 01:06:47.320]  Would you be opposed to me sending this doc to you?
[01:06:47.320 --> 01:06:48.320]  It's only six pages.
[01:06:48.320 --> 01:06:52.320]  I wouldn't be opposed to sending it, but if you're referencing specific statutes,
[01:06:52.320 --> 01:06:56.320]  I don't know that I can research and verify it for you.
[01:06:56.320 --> 01:06:57.320]  Oh, no, no.
[01:06:57.320 --> 01:06:59.320]  I understand that.
[01:06:59.320 --> 01:07:00.320]  Okay.
[01:07:00.320 --> 01:07:01.320]  I'm just saying it.
[01:07:01.320 --> 01:07:04.320]  You can send it to me and I'd be happy to look at it.
[01:07:04.320 --> 01:07:10.320]  I just don't know if I can give you a thumbs up or down because I am not an expert in Florida traffic law,
[01:07:10.320 --> 01:07:19.320]  though I do have lots of Florida traffic law cases that show very clearly that what you're asserting is correct.
[01:07:19.320 --> 01:07:25.320]  That doesn't help you if you can't take it to court and make them understand it and agree with you.
[01:07:25.320 --> 01:07:26.320]  Right.
[01:07:26.320 --> 01:07:28.320]  So, yeah, you want to send it.
[01:07:28.320 --> 01:07:30.320]  As soon as I'm able, I'll be happy to look it over.
[01:07:30.320 --> 01:07:36.320]  But that'll give you enough time to ask the questions first before you have to worry about sending it in.
[01:07:36.320 --> 01:07:37.320]  Okay.
[01:07:37.320 --> 01:07:38.320]  Okay.
[01:07:38.320 --> 01:07:42.320]  Well, I'll turn that over to Eddie at ruleoflawradio.com, correct?
[01:07:42.320 --> 01:07:43.320]  That's correct.
[01:07:43.320 --> 01:07:44.320]  Okay.
[01:07:44.320 --> 01:07:45.320]  I'll turn that over to you.
[01:07:45.320 --> 01:07:46.320]  All right, sir.
[01:07:46.320 --> 01:07:47.320]  Thank you very much.
[01:07:47.320 --> 01:07:50.320]  You're taking the time to...
[01:07:50.320 --> 01:07:51.320]  Oh, yeah.
[01:07:51.320 --> 01:07:52.320]  Okay.
[01:07:52.320 --> 01:07:53.320]  Thanks.
[01:07:53.320 --> 01:07:54.320]  That's all I got, guys.
[01:07:54.320 --> 01:07:55.320]  All right.
[01:07:55.320 --> 01:07:56.320]  Thank you, Mike.
[01:07:56.320 --> 01:07:57.320]  You're kicking booty.
[01:07:57.320 --> 01:08:00.320]  We'll try.
[01:08:00.320 --> 01:08:01.320]  Okay.
[01:08:01.320 --> 01:08:02.320]  All right.
[01:08:02.320 --> 01:08:04.320]  We've got a couple other callers here.
[01:08:04.320 --> 01:08:07.320]  We have Brian in Minnesota and Hondo in Texas.
[01:08:07.320 --> 01:08:09.320]  Brian, go ahead.
[01:08:09.320 --> 01:08:10.320]  Hey.
[01:08:10.320 --> 01:08:17.320]  Well, I just want to check in with you guys and see if you guys have any suggestions or what to do next.
[01:08:17.320 --> 01:08:25.320]  I went to my arraignment, and I was going to obey the plea or whatever.
[01:08:25.320 --> 01:08:31.320]  And I got thrown off, and I ended up signing the plea because there was just so much going on.
[01:08:31.320 --> 01:08:38.320]  I signed a protest address, and I wrote all rights reserved on it.
[01:08:38.320 --> 01:08:39.320]  But I was looking for...
[01:08:39.320 --> 01:08:41.320]  I wanted to know if you guys knew...
[01:08:41.320 --> 01:08:50.320]  I'm trying to find the procedures for arraignment with having not much luck as any specific things as far as arraignment.
[01:08:50.320 --> 01:08:55.320]  In our rule of criminal procedure, it says there was supposed to be a court administrator there.
[01:08:55.320 --> 01:09:00.320]  And I was so thrown off by the fact that the prosecutor didn't have my emotions in his hand.
[01:09:00.320 --> 01:09:03.320]  And there was no court administrator there.
[01:09:03.320 --> 01:09:06.320]  When I tried to get the court administrator, there was just a deputy.
[01:09:06.320 --> 01:09:09.320]  She was like, I'm representing the court administrator.
[01:09:09.320 --> 01:09:12.320]  I'm a deputy to the court administrator.
[01:09:12.320 --> 01:09:18.320]  And she got all capricious with me and said, I'm done with you, and didn't want to talk to me.
[01:09:18.320 --> 01:09:22.320]  So I was kind of late for work, and so I just signed the thing, and I got out of there.
[01:09:22.320 --> 01:09:33.320]  But I wanted to see what I should think about doing now.
[01:09:33.320 --> 01:09:36.320]  Randy, you got anything good from Minnesota?
[01:09:36.320 --> 01:09:41.320]  Oh, I'm not familiar with Minnesota, but an arraignment, at least in Texas,
[01:09:41.320 --> 01:09:48.320]  an arraignment is a hearing for the purpose of determining the identity of the accused and taking the plea.
[01:09:48.320 --> 01:09:49.320]  You ask about that.
[01:09:49.320 --> 01:09:51.320]  That's all it's for.
[01:09:51.320 --> 01:09:54.320]  Right, and it says there needs to be a judicial officer there.
[01:09:54.320 --> 01:09:59.320]  It said either a court administrator or a judicial officer.
[01:09:59.320 --> 01:10:02.320]  Would a deputy to the court administrator be a judicial officer?
[01:10:02.320 --> 01:10:04.320]  Yes.
[01:10:04.320 --> 01:10:13.320]  Well, not necessarily. You said the statute said that there had to be a court administrator or a judicial officer.
[01:10:13.320 --> 01:10:16.320]  So they're separate entities.
[01:10:16.320 --> 01:10:22.320]  But a deputy can stand in for the court administrator.
[01:10:22.320 --> 01:10:25.320]  Okay.
[01:10:25.320 --> 01:10:28.320]  A judicial officer is going to be one of two people.
[01:10:28.320 --> 01:10:44.320]  The magistrate or, in this case, that's who it should have been, but in every state, the prosecuting attorney is also a judicial officer.
[01:10:44.320 --> 01:10:47.320]  What do you think about the prosecutor not even having my motions?
[01:10:47.320 --> 01:10:50.320]  He didn't even know who they were handing.
[01:10:50.320 --> 01:10:52.320]  He's like, there's 80 people behind you.
[01:10:52.320 --> 01:10:56.320]  Do you want to take the deal or not?
[01:10:56.320 --> 01:11:00.320]  Well, did you ask him, did you serve copies of them on the prosecutor?
[01:11:00.320 --> 01:11:01.320]  Yes.
[01:11:01.320 --> 01:11:02.320]  Okay.
[01:11:02.320 --> 01:11:05.320]  Did you ask him if he had read them?
[01:11:05.320 --> 01:11:10.320]  Yeah, he's like, I don't, he said what motions, and he was getting all, he was getting all frustrated.
[01:11:10.320 --> 01:11:18.320]  It was, when you say, I guess I got thrown off because I was so shocked by how little these people really did know about their job.
[01:11:18.320 --> 01:11:22.320]  I was so completely just confused, like, don't you know what you're doing?
[01:11:22.320 --> 01:11:27.320]  And, you know, because when I started bringing up my motions and stuff to him, he was like, I'm not an attorney.
[01:11:27.320 --> 01:11:28.320]  He basically said, well, here's an attorney.
[01:11:28.320 --> 01:11:30.320]  Let's talk to him.
[01:11:30.320 --> 01:11:31.320]  He didn't even know.
[01:11:31.320 --> 01:11:32.320]  Okay, Brian, hang on, hang on.
[01:11:32.320 --> 01:11:37.320]  I can tell by the way you're talking right now, you're excitable when you get in these situations, okay?
[01:11:37.320 --> 01:11:39.320]  Here's the problem.
[01:11:39.320 --> 01:11:43.320]  You let yourself get excited and out of control about what should be going on.
[01:11:43.320 --> 01:11:45.320]  You wind up in the situation you're in.
[01:11:45.320 --> 01:11:48.320]  You don't think your steps through before you do them.
[01:11:48.320 --> 01:11:56.320]  Don't let what they're doing wrong screw up what you have to do right, okay?
[01:11:56.320 --> 01:12:02.320]  They could care less about whether or not they're doing their job correctly most of the time.
[01:12:02.320 --> 01:12:03.320]  They have a process.
[01:12:03.320 --> 01:12:09.320]  They're going to stick to that process because it's stolen them so much money so far, why should they change?
[01:12:09.320 --> 01:12:18.320]  If you don't stay on top of what you have to do, don't be surprised when it isn't done.
[01:12:18.320 --> 01:12:24.320]  So the first thing is you asked about the arraignment process here.
[01:12:24.320 --> 01:12:29.320]  If you haven't looked in the Code of Criminal Procedure and found exactly what it says about the arraignment,
[01:12:29.320 --> 01:12:35.320]  then you've already not gotten the rules down that you needed to know before you showed up.
[01:12:35.320 --> 01:12:42.320]  When the guy said that he hadn't even seen your motions, then you should have said, then what am I doing here?
[01:12:42.320 --> 01:12:47.320]  I filed them so that you would have opportunity to review the law and to respond in writing,
[01:12:47.320 --> 01:12:53.320]  just as I took the time and effort to write them.
[01:12:53.320 --> 01:13:01.320]  You can't lose control of yourself because that's how they're going to get you to make mistakes that they can use to take you out.
[01:13:01.320 --> 01:13:05.320]  Okay, don't feel too bad about yourself.
[01:13:05.320 --> 01:13:08.320]  This is the best way to learn.
[01:13:08.320 --> 01:13:09.320]  That's true.
[01:13:09.320 --> 01:13:10.320]  You're not going to do this.
[01:13:10.320 --> 01:13:16.320]  Next time you go in, this is not a problem you'll have.
[01:13:16.320 --> 01:13:19.320]  You'll have other problems.
[01:13:19.320 --> 01:13:22.320]  I understand exactly what you felt.
[01:13:22.320 --> 01:13:24.320]  I've been there myself.
[01:13:24.320 --> 01:13:30.320]  Wait a minute, I had this all figured out and it ain't going the way I figured
[01:13:30.320 --> 01:13:40.320]  until it finally became clear that the answer to dealing with these situations is not figuring out how things are going to go
[01:13:40.320 --> 01:13:44.320]  because they'll always change them.
[01:13:44.320 --> 01:13:49.320]  The idea is to understand what is supposed to happen here.
[01:13:49.320 --> 01:13:53.320]  For instance, in this case, you were there for an arraignment,
[01:13:53.320 --> 01:14:00.320]  and an arraignment is a hearing for the purpose of determining the identity of the accused and taking a plea.
[01:14:00.320 --> 01:14:02.320]  That's all.
[01:14:02.320 --> 01:14:08.320]  The fact that the attorney didn't have your motions, no big deal.
[01:14:08.320 --> 01:14:11.320]  He didn't need to have your motions at this point.
[01:14:11.320 --> 01:14:14.320]  This was not a motion hearing.
[01:14:14.320 --> 01:14:19.320]  It was an arraignment, so that was okay.
[01:14:19.320 --> 01:14:23.320]  The fact that that didn't go well for you is okay.
[01:14:23.320 --> 01:14:28.320]  It'll make you better when you get to the motion hearing.
[01:14:28.320 --> 01:14:33.320]  But try to figure out what should be done, and if they do something different,
[01:14:33.320 --> 01:14:38.320]  instead of feeling like something's screwed up here, just say,
[01:14:38.320 --> 01:14:42.320]  wait a minute, guys, this ain't what's supposed to happen.
[01:14:42.320 --> 01:14:46.320]  It'll make life a whole lot easier.
[01:14:46.320 --> 01:14:48.320]  Does that make sense, Eddie?
[01:14:48.320 --> 01:14:50.320]  Oh, yeah, makes perfect sense.
[01:14:50.320 --> 01:14:52.320]  And I don't mean to sound like I'm chastising you.
[01:14:52.320 --> 01:15:01.320]  I'm just trying to get you to think about where you place yourself when you let them get you excited or out of control.
[01:15:01.320 --> 01:15:08.320]  Just slow yourself down when you get in that situation and say, okay, well, that's not how he should have answered.
[01:15:08.320 --> 01:15:13.320]  This is what he should have done, and this is what he should have said.
[01:15:13.320 --> 01:15:20.320]  But when you think about it in those terms, then you'll start recalling all the stuff that you've read up to this point that said,
[01:15:20.320 --> 01:15:24.320]  okay, well, aren't you supposed to do this?
[01:15:24.320 --> 01:15:31.320]  And he'll blow it off or ignore it or may even actually go, oh, yeah, you're right, I was.
[01:15:31.320 --> 01:15:36.320]  That'll be rare if it ever occurs, but still, you understand the gist of what we're saying here.
[01:15:36.320 --> 01:15:39.320]  It's an educational process all the time.
[01:15:39.320 --> 01:15:44.320]  Right, right, definitely, and I'm the kind of type of person where it's like I have to learn by doing it,
[01:15:44.320 --> 01:15:53.320]  and I'm not that experienced with this, and I get a little stage fright when I get up in there just because it seems to be intimidating.
[01:15:53.320 --> 01:15:59.320]  In hindsight, when the deputy is the court administrator, she said, you know, I'm done with you.
[01:15:59.320 --> 01:16:04.320]  I should have got her name and filed criminal charges against her, right?
[01:16:04.320 --> 01:16:15.320]  It depends. It depends on what you were trying to get this person to do or what she was actually trying to do.
[01:16:15.320 --> 01:16:19.320]  Well, I kept asking him, what were the nature of the charges against me? I kept doing that.
[01:16:19.320 --> 01:16:23.320]  I asked the prosecutor, you know, I said, I can't plead to this because I don't have the nature of the charges,
[01:16:23.320 --> 01:16:25.320]  and he's like, what are you talking about?
[01:16:25.320 --> 01:16:29.320]  And I said, is this criminal, civil, or administrative, and he starts repeating the charges,
[01:16:29.320 --> 01:16:34.320]  and I couldn't get any of them to answer me on what were the nature of the charges, even then.
[01:16:34.320 --> 01:16:42.320]  That's when the court, the deputy, the court administrator started getting all pissed off because she wouldn't answer that question.
[01:16:42.320 --> 01:16:44.320]  Yeah. Well, hang on just a second, Brian.
[01:16:44.320 --> 01:16:47.320]  We're about to go to break again, and we'll pick this up with you on the other side.
[01:16:47.320 --> 01:16:51.320]  Also, Hondo and Mr. X, we do see you back on the board.
[01:16:51.320 --> 01:17:01.320]  In just a moment, we'll be right back.
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[01:17:39.320 --> 01:17:48.320]  You are welcome to stop in our shop during regular business hours or call 512-646-6440 with any questions.
[01:17:48.320 --> 01:17:53.320]  Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM.
[01:17:53.320 --> 01:18:00.320]  That's Capital Coin and Bullion, 512-646-6440.
[01:18:00.320 --> 01:18:06.320]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy,
[01:18:06.320 --> 01:18:09.320]  and neither is finding like-minded people to share it with.
[01:18:09.320 --> 01:18:12.320]  Oh, well, I guess you haven't heard of Brave New Books, then.
[01:18:12.320 --> 01:18:13.320]  Brave New Books?
[01:18:13.320 --> 01:18:20.320]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
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[01:18:32.320 --> 01:18:35.320]  By UT, there's never anywhere to park down there.
[01:18:35.320 --> 01:18:43.320]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking Facility, just behind the bookstore.
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[01:19:02.320 --> 01:19:20.320]  Oh, come on.
[01:19:20.320 --> 01:19:23.320]  Alright, folks. We are back. Rule of Law Radio.
[01:19:23.320 --> 01:19:26.320]  Eddie Craig, Randy Kelton, Deborah Stevens.
[01:19:26.320 --> 01:19:32.320]  Alright, we're going to go back over to Mr. Brian and finish up.
[01:19:32.320 --> 01:19:34.320]  Alright, Mr. Brian, go ahead.
[01:19:34.320 --> 01:19:41.320]  Alright, so I guess where I'm at, and what I guess, tell me if you think that this is what I should do,
[01:19:41.320 --> 01:19:46.320]  because this is where I was thinking I should go, was next I'm just going to,
[01:19:46.320 --> 01:19:49.320]  I still don't know the nature of the charges against me.
[01:19:49.320 --> 01:19:52.320]  No one there could answer me that. They had said, this is not criminal.
[01:19:52.320 --> 01:19:56.320]  They were quite clear, this is not criminal. And, you know, I got everything on record.
[01:19:56.320 --> 01:20:01.320]  I got the Deputy Administrator getting all angry at me on record.
[01:20:01.320 --> 01:20:05.320]  But nobody answered me the nature of the charges, and they couldn't give me,
[01:20:05.320 --> 01:20:08.320]  the guy that was making a deal with me, I said, are you the prosecutor assigned to the case?
[01:20:08.320 --> 01:20:11.320]  And he wasn't even, you know, he's like, I don't know.
[01:20:11.320 --> 01:20:14.320]  He's like, I'm like, who's assigned to the case? And he just said he doesn't even know.
[01:20:14.320 --> 01:20:19.320]  I mean, the guy was kind of surprisingly, couldn't even speak English that great.
[01:20:19.320 --> 01:20:24.320]  But, so next I was thinking, I mean, should I just continue with my original motion
[01:20:24.320 --> 01:20:29.320]  for the challenge to jurisdiction, and then add on some other motions
[01:20:29.320 --> 01:20:34.320]  for the nature of the charges against me, and then maybe a petition to show authority?
[01:20:34.320 --> 01:20:39.320]  Okay. What I'd do in this particular case, based on what you're wanting to argue here,
[01:20:39.320 --> 01:20:44.320]  is I'd file a motion to withdraw the plea, stating failure to state a nature and cause.
[01:20:44.320 --> 01:20:49.320]  And if you've got a constitutional article that says you're entitled to that right,
[01:20:49.320 --> 01:20:54.320]  produce it, and enter it into that motion, and let them know,
[01:20:54.320 --> 01:20:57.320]  hey, this is a constitutionally protected right for me to know this.
[01:20:57.320 --> 01:21:01.320]  You're refusing or failing to provide me this information,
[01:21:01.320 --> 01:21:08.320]  and I can't be forced to enter a plea without knowing this.
[01:21:08.320 --> 01:21:10.320]  That would be the first thing I would do.
[01:21:10.320 --> 01:21:15.320]  Okay. Okay. And then I never got my motion heard either,
[01:21:15.320 --> 01:21:17.320]  so I would have to proceed with that, right?
[01:21:17.320 --> 01:21:23.320]  Okay. First thing is, when you set a motion, you also have to set a date to hear the motion.
[01:21:23.320 --> 01:21:24.320]  Right. Right.
[01:21:24.320 --> 01:21:28.320]  Now, if you've already got a scheduled court date, then you can argue the motions that day
[01:21:28.320 --> 01:21:31.320]  if you can convince the magistrate that's a decent time to do it,
[01:21:31.320 --> 01:21:34.320]  and they're willing to devote time to do it.
[01:21:34.320 --> 01:21:39.320]  Otherwise, you file a motion, you set a hearing date for that motion.
[01:21:39.320 --> 01:21:43.320]  Right.
[01:21:43.320 --> 01:21:48.320]  I definitely learned a lot when I was process serving on those first motions,
[01:21:48.320 --> 01:21:51.320]  and then, see, now I know, I mean, I didn't bring my,
[01:21:51.320 --> 01:21:58.320]  I know exactly how they're going to react now when I return with my, you know,
[01:21:58.320 --> 01:22:04.320]  process, service of process notice and whatnot back to the clerk,
[01:22:04.320 --> 01:22:07.320]  but this time I have to set it for a hearing.
[01:22:07.320 --> 01:22:11.320]  I was hoping there would be somebody there to hear my motions at the arraignment
[01:22:11.320 --> 01:22:13.320]  before I even talked to the prosecutor, but...
[01:22:13.320 --> 01:22:19.320]  Okay. Did you have a challenge to the subject matter jurisdiction before the court?
[01:22:19.320 --> 01:22:20.320]  Yes.
[01:22:20.320 --> 01:22:23.320]  Good. That's the one you could have demanded to see
[01:22:23.320 --> 01:22:27.320]  and maintain that this arraignment hearing is improper
[01:22:27.320 --> 01:22:33.320]  until we had a hearing on your challenge to the subject matter jurisdiction.
[01:22:33.320 --> 01:22:37.320]  Well, that's what threw me off is like there was, it seemed to be like there was no official there,
[01:22:37.320 --> 01:22:41.320]  and no one that was, and then when the deputy court administrator said,
[01:22:41.320 --> 01:22:44.320]  I'm done with you, I mean, I was like, you know...
[01:22:44.320 --> 01:22:47.320]  Okay. You were summoned to court.
[01:22:47.320 --> 01:22:50.320]  Are you saying there was no judge there?
[01:22:50.320 --> 01:22:52.320]  No, there was no, there was no judge.
[01:22:52.320 --> 01:22:57.320]  Who convened the hearing?
[01:22:57.320 --> 01:23:00.320]  I don't know. It seemed to be just some attorney.
[01:23:00.320 --> 01:23:04.320]  Okay. I was once summoned to court and there's this attorney,
[01:23:04.320 --> 01:23:08.320]  he put on a little desk and he's sitting behind this desk
[01:23:08.320 --> 01:23:12.320]  and he's calling everybody up. I don't see a judge anywhere.
[01:23:12.320 --> 01:23:16.320]  So they call me up and they ask what my name was and I told them
[01:23:16.320 --> 01:23:20.320]  and he started to read the charges against me and I said,
[01:23:20.320 --> 01:23:24.320]  hold on, hold on, hold on. Where's the judge?
[01:23:24.320 --> 01:23:27.320]  He said, well, the judge is not here.
[01:23:27.320 --> 01:23:30.320]  I said, but I was summoned to a hearing.
[01:23:30.320 --> 01:23:33.320]  In order for there to be a hearing, there has to be a judge.
[01:23:33.320 --> 01:23:35.320]  I want to see the judge.
[01:23:35.320 --> 01:23:38.320]  Well, the judge is not here. Well, get the judge.
[01:23:38.320 --> 01:23:41.320]  And then they got all excited.
[01:23:41.320 --> 01:23:43.320]  I wound up with about three bailiffs around me
[01:23:43.320 --> 01:23:46.320]  and I'm telling the bailiffs, go get the judge.
[01:23:46.320 --> 01:23:48.320]  We're not here to get the judge.
[01:23:48.320 --> 01:23:51.320]  You either need to go get the judge to convene a hearing
[01:23:51.320 --> 01:23:55.320]  or you need to go arrest the judge for abuse of process.
[01:23:55.320 --> 01:23:57.320]  You can do whatever one you want to.
[01:23:57.320 --> 01:24:00.320]  Well, I'm not going to do either one. I said, well, good.
[01:24:00.320 --> 01:24:03.320]  Then I get to file against you, Bubba.
[01:24:03.320 --> 01:24:07.320]  They never could find a judge and they never did try to take a deal from me.
[01:24:07.320 --> 01:24:09.320]  So that was my question.
[01:24:09.320 --> 01:24:14.320]  Who convened a hearing in impersonation of a judicial officer?
[01:24:14.320 --> 01:24:17.320]  And just a minor correction.
[01:24:17.320 --> 01:24:24.320]  The prosecuting attorney is an officer of the court,
[01:24:24.320 --> 01:24:26.320]  but he's not a part of the judiciary.
[01:24:26.320 --> 01:24:31.320]  He's not technically a judicial officer.
[01:24:31.320 --> 01:24:35.320]  He is a member of the executive branch.
[01:24:35.320 --> 01:24:40.320]  So he's not a judge. He can't perform a judicial function,
[01:24:40.320 --> 01:24:47.320]  but he does act as an officer in a judicial court.
[01:24:47.320 --> 01:24:51.320]  Well, now I was actually thinking of the way they're set up here in Texas,
[01:24:51.320 --> 01:24:53.320]  which would make him so.
[01:24:53.320 --> 01:24:58.320]  That would be here in Texas, well, in the way the Constitution puts it.
[01:24:58.320 --> 01:25:03.320]  But he is not technically a member of the judiciary.
[01:25:03.320 --> 01:25:07.320]  He's certainly not a judge and he certainly can't convene a hearing.
[01:25:07.320 --> 01:25:10.320]  Absolutely cannot do it.
[01:25:10.320 --> 01:25:14.320]  So they routinely summon you to a hearing
[01:25:14.320 --> 01:25:21.320]  and almost certainly it's either the clerk or the prosecutor that does the summons.
[01:25:21.320 --> 01:25:26.320]  And you come there and there's no judge around, that's abuse of process.
[01:25:26.320 --> 01:25:31.320]  And somebody is impersonating a judicial officer
[01:25:31.320 --> 01:25:37.320]  when they attempt to hold a hearing with no judge there.
[01:25:37.320 --> 01:25:40.320]  So should I challenge the validity of this arraignment then,
[01:25:40.320 --> 01:25:46.320]  withdraw my plea and then challenge the validity of the arraignment?
[01:25:46.320 --> 01:25:49.320]  I think that would be a great thing to do.
[01:25:49.320 --> 01:25:51.320]  But okay, okay, wait, wait, wait.
[01:25:51.320 --> 01:25:54.320]  What is your purpose?
[01:25:54.320 --> 01:25:57.320]  Well, to tell you the truth, I'm kind of, I want to kind of,
[01:25:57.320 --> 01:25:59.320]  I mean, I was kind of happy the way it went
[01:25:59.320 --> 01:26:01.320]  just because I'm a little excited to bushwhack a judge
[01:26:01.320 --> 01:26:09.320]  because I have criminal complaints against the administrative bar judge who I first met with.
[01:26:09.320 --> 01:26:11.320]  Oh, wonderful.
[01:26:11.320 --> 01:26:19.320]  Okay, my point in asking what your purpose is is let's pick our fights careful.
[01:26:19.320 --> 01:26:27.320]  We could go in and technically I could find something to file against about every person there.
[01:26:27.320 --> 01:26:28.320]  Right.
[01:26:28.320 --> 01:26:36.320]  But if it doesn't move me toward an outcome, it's just a waste of time.
[01:26:36.320 --> 01:26:39.320]  Well, I want to get it dismissed, I mean, ultimately.
[01:26:39.320 --> 01:26:45.320]  So arguing over the plea that you filed,
[01:26:45.320 --> 01:26:52.320]  how would that improve your chances of getting it dismissed?
[01:26:52.320 --> 01:26:55.320]  Probably not as much as the challenge of jurisdiction I would imagine, right?
[01:26:55.320 --> 01:26:58.320]  Right, that's my point.
[01:26:58.320 --> 01:27:05.320]  Okay, they make you enter a plea, so what?
[01:27:05.320 --> 01:27:06.320]  Yeah, and that's what the process says.
[01:27:06.320 --> 01:27:09.320]  It says if he doesn't enter a plea, they enter it for you anyway.
[01:27:09.320 --> 01:27:15.320]  That's what it says in the rule of the criminal procedure.
[01:27:15.320 --> 01:27:18.320]  Yeah, so it really doesn't make any difference.
[01:27:18.320 --> 01:27:19.320]  That's my point.
[01:27:19.320 --> 01:27:27.320]  Let's fight the things that matter and not let ourselves get distracted on issues that are just not important.
[01:27:27.320 --> 01:27:29.320]  Right.
[01:27:29.320 --> 01:27:33.320]  You want to go after that subject matter jurisdiction.
[01:27:33.320 --> 01:27:35.320]  That's what's important.
[01:27:35.320 --> 01:27:39.320]  Okay.
[01:27:39.320 --> 01:27:44.320]  I guess the trial date's not until April now, so that's a ways down the road.
[01:27:44.320 --> 01:27:49.320]  I figured I could get in a couple of motion hearings by then.
[01:27:49.320 --> 01:27:51.320]  Yeah, you've got plenty of time.
[01:27:51.320 --> 01:27:59.320]  All you need to do is figure out when the judge is going to hear motions
[01:27:59.320 --> 01:28:05.320]  and call the clerk and tell them that you have some motions before the court.
[01:28:05.320 --> 01:28:09.320]  You'd like to know the next date the court is available to hear motions.
[01:28:09.320 --> 01:28:15.320]  Say, give me a couple of dates so I can coordinate with the prosecutor, make sure it's a good time for him.
[01:28:15.320 --> 01:28:20.320]  And then you go to the prosecutor when you get to two dates and say which date would be better for you,
[01:28:20.320 --> 01:28:29.320]  this date or this date, to set these motions for hearing.
[01:28:29.320 --> 01:28:32.320]  He may huff and puff and you don't care what he does.
[01:28:32.320 --> 01:28:39.320]  If he doesn't tell you one, then you just pick one and get a hold of the judge's coordinator
[01:28:39.320 --> 01:28:49.320]  and send them a written request to put this motion on for hearing on this date.
[01:28:49.320 --> 01:28:58.320]  And they're not used to that happening, so they'll probably raise some objection or not do it, which is great.
[01:28:58.320 --> 01:29:02.320]  Then you get to go after the clerk.
[01:29:02.320 --> 01:29:09.320]  Those are fights that are worth fighting because now if they want you to go away and leave their people alone,
[01:29:09.320 --> 01:29:16.320]  they're going to have to make the charges go away.
[01:29:16.320 --> 01:29:23.320]  Do you think I should still focus on the challenge of subject matter jurisdiction
[01:29:23.320 --> 01:29:29.320]  but write up those other motions just so it's documented in there?
[01:29:29.320 --> 01:29:30.320]  Exactly.
[01:29:30.320 --> 01:29:31.320]  You got it.
[01:29:31.320 --> 01:29:33.320]  You just want them documented.
[01:29:33.320 --> 01:29:36.320]  You want to cover all the bases.
[01:29:36.320 --> 01:29:40.320]  But if a base is not really important and won't lead you to the outcome,
[01:29:40.320 --> 01:29:48.320]  I wouldn't spend too much time chasing it unless it's going to increase my chances of getting where I want to be.
[01:29:48.320 --> 01:30:00.320]  Okay, Randy Kelton, Eddie Craig, Real Law Radio, we'll be right back on the other side.
[01:30:00.320 --> 01:30:04.320]  Top 10 reasons to question the official story of the Oklahoma City bombing, reason number five.
[01:30:04.320 --> 01:30:08.320]  As witnessed by millions of viewers, the rescue efforts were interrupted several times
[01:30:08.320 --> 01:30:10.320]  by dozens of other explosives.
[01:30:10.320 --> 01:30:14.320]  Government log entries indicate and witnesses report that after the initial devastating blast,
[01:30:14.320 --> 01:30:18.320]  a bomb complete with timer was discovered and removed from wreckage by the bomb squad.
[01:30:18.320 --> 01:30:22.320]  Yet we are told it's all due to baseless bomb scares or other contrivances.
[01:30:22.320 --> 01:30:26.320]  So while officials try to sort out their stories, all we ask is who planted these bombs
[01:30:26.320 --> 01:30:28.320]  and why is the government lying about them?
[01:30:28.320 --> 01:30:36.320]  For more information, go to okcbombingtruth.com.
[01:30:36.320 --> 01:30:38.320]  Moms have a way of making everything better.
[01:30:38.320 --> 01:30:41.320]  A hug, a kiss on the cheek, a special meal.
[01:30:41.320 --> 01:30:44.320]  But even when she's far away, mom can still work her magic.
[01:30:44.320 --> 01:30:48.320]  I'm Dr. Catherine Albrecht and I'll be back in just a moment to tell you how.
[01:30:48.320 --> 01:30:50.320]  Privacy is under attack.
[01:30:50.320 --> 01:30:54.320]  When you give up data about yourself, you'll never get it back again.
[01:30:54.320 --> 01:30:59.320]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:59.320 --> 01:31:00.320]  So protect your rights.
[01:31:00.320 --> 01:31:04.320]  Say no to surveillance and keep your information to yourself.
[01:31:04.320 --> 01:31:07.320]  Privacy, it's worth hanging on to.
[01:31:07.320 --> 01:31:10.320]  This public service announcement is brought to you by Startpage.com,
[01:31:10.320 --> 01:31:14.320]  the private search engine alternative to Google, Yahoo, and Bing.
[01:31:14.320 --> 01:31:18.320]  Start over with Startpage.
[01:31:18.320 --> 01:31:21.320]  When you're having a bad day, there's nothing better than a hug from mom.
[01:31:21.320 --> 01:31:24.320]  But what if she's thousands of miles away?
[01:31:24.320 --> 01:31:28.320]  Don't worry, she can still turn a frown into a smile with just the sound of her voice.
[01:31:28.320 --> 01:31:32.320]  Researchers dressed out young girls with math exams and public speaking assignments
[01:31:32.320 --> 01:31:36.320]  as expected, their level of cortisol, the stress hormone, shot through the roof.
[01:31:36.320 --> 01:31:40.320]  Then their moms consoled the girls with either a personal hug or a phone chat.
[01:31:40.320 --> 01:31:43.320]  Amazingly, the phone worked just as well.
[01:31:43.320 --> 01:31:49.320]  Mom's voice alone was enough to flood the girls with oxytocin, the feel-good comfort hormone.
[01:31:49.320 --> 01:31:52.320]  I'm Dr. Catherine Albrecht and I think I'll give my mom a call.
[01:31:52.320 --> 01:32:16.320]  More news and information at CatherineAlbrecht.com.
[01:32:16.320 --> 01:32:18.320]  All right, folks, we are back.
[01:32:18.320 --> 01:32:22.320]  We're on the radio. Okay, we have a full call board.
[01:32:22.320 --> 01:32:26.320]  We have Brian, which we'll finish up with, and we have Hondo.
[01:32:26.320 --> 01:32:30.320]  Mr. X has called back in, as has Carlos, and Gary from Georgia.
[01:32:30.320 --> 01:32:35.320]  Gentlemen, if you will hang in there, we will get to each of you as quickly as we can.
[01:32:35.320 --> 01:32:38.320]  Right now, let's finish up with Brian. Go ahead, Brian.
[01:32:38.320 --> 01:32:44.320]  Yeah, I don't think there's any, you know, we probably could have said bye after that last one.
[01:32:44.320 --> 01:32:47.320]  Okay, does this give you a plan of action to take on then?
[01:32:47.320 --> 01:32:48.320]  Yeah, definitely.
[01:32:48.320 --> 01:32:52.320]  Yeah, just use this as experience.
[01:32:52.320 --> 01:32:56.320]  This is the cheapest law school you could go to.
[01:32:56.320 --> 01:32:57.320]  Right on.
[01:32:57.320 --> 01:33:04.320]  And it takes two, what you need to happen is you need them to really piss you off.
[01:33:04.320 --> 01:33:11.320]  It's not until you really get PO'd at them that you lose this intimidation.
[01:33:11.320 --> 01:33:15.320]  It's not until you're ready to say, do your worst, you jerk,
[01:33:15.320 --> 01:33:18.320]  because when I hear you're done, I'm still going to be here,
[01:33:18.320 --> 01:33:20.320]  and you're going to wish you'd never met me.
[01:33:20.320 --> 01:33:22.320]  That's when you start getting good.
[01:33:22.320 --> 01:33:26.320]  That's when you start getting more comfortable in the court.
[01:33:26.320 --> 01:33:32.320]  So have fun with it. It's just a ticket.
[01:33:32.320 --> 01:33:33.320]  Right on.
[01:33:33.320 --> 01:33:37.320]  So, yeah, what the heck are they going to do to you? Hang you by your thumbs?
[01:33:37.320 --> 01:33:38.320]  Right.
[01:33:38.320 --> 01:33:42.320]  So that way if someone serious comes along, you'll be ready for it.
[01:33:42.320 --> 01:33:43.320]  Okay.
[01:33:43.320 --> 01:33:44.320]  Thank you very much.
[01:33:44.320 --> 01:33:46.320]  Thank you, Brian.
[01:33:46.320 --> 01:33:49.320]  Okay, now we're going to Hondo from Texas.
[01:33:49.320 --> 01:33:53.320]  Carlos, Gary, we'll get to you shortly.
[01:33:53.320 --> 01:33:56.320]  Hondo, what's on your mind tonight?
[01:33:56.320 --> 01:33:57.320]  Yes, sir.
[01:33:57.320 --> 01:34:07.320]  I received a ticket, citation for speeding, and asked the officer what would happen if I didn't sign it.
[01:34:07.320 --> 01:34:13.320]  He said, well, we'll go to the judge and I'll be arrested and possibly go to jail.
[01:34:13.320 --> 01:34:17.320]  And this is the middle of the night, so I was on my way home, so I just signed it.
[01:34:17.320 --> 01:34:23.320]  And got into a code of criminal procedure, 14.06,
[01:34:23.320 --> 01:34:35.320]  and where it talks about that the officer does have the option of getting you to sign a citation rather than to...
[01:34:35.320 --> 01:34:38.320]  Hold on, Hondo. You're starting in the wrong place.
[01:34:38.320 --> 01:34:44.320]  On a traffic stop, you start in 543, Texas Transportation Code.
[01:34:44.320 --> 01:34:45.320]  Okay.
[01:34:45.320 --> 01:34:52.320]  Only when the officer goes through all the procedures of 543 do you ever wind up in 14.06.
[01:34:52.320 --> 01:34:55.320]  Okay, wait a minute. Special case.
[01:34:55.320 --> 01:34:59.320]  Speeding is a special case.
[01:34:59.320 --> 01:35:06.320]  You cannot be arrested for speeding unless it's in excess of, I think, 15 miles over the limit.
[01:35:06.320 --> 01:35:07.320]  Okay.
[01:35:07.320 --> 01:35:11.320]  That's a special case because of speed traps.
[01:35:11.320 --> 01:35:16.320]  Cannot be arrested for speeding. They have to release you.
[01:35:16.320 --> 01:35:18.320]  The cops lied.
[01:35:18.320 --> 01:35:20.320]  Which they're good at.
[01:35:20.320 --> 01:35:22.320]  Which they're very good at.
[01:35:22.320 --> 01:35:33.320]  Okay, but now do be aware that once you go from 543 and the citation is issued, you don't touch 14.06 again.
[01:35:33.320 --> 01:35:39.320]  You only go through 14.06 if he actually does take you to jail or before the magistrate.
[01:35:39.320 --> 01:35:40.320]  Okay?
[01:35:40.320 --> 01:35:41.320]  Okay.
[01:35:41.320 --> 01:35:49.320]  Once you're out of 543, you actually go to 1517, subsection G as in George.
[01:35:49.320 --> 01:35:50.320]  Right.
[01:35:50.320 --> 01:35:59.320]  Which directs the magistrate to do everything in 1517 as if the officer had brought you directly before him with an arrest warrant.
[01:35:59.320 --> 01:36:03.320]  Exactly, and that's what my question was.
[01:36:03.320 --> 01:36:05.320]  You know, I appeared.
[01:36:05.320 --> 01:36:08.320]  It said on or before a certain date. It didn't say exactly when.
[01:36:08.320 --> 01:36:10.320]  In fact, there's not even a time on there.
[01:36:10.320 --> 01:36:12.320]  But anyway, I went in.
[01:36:12.320 --> 01:36:23.320]  This was the day before Thanksgiving, 315, and walked in and asked the clerk there if Jan Yeager, the judge on my ticket, was available.
[01:36:23.320 --> 01:36:26.320]  And she said she was and walked back there and got her.
[01:36:26.320 --> 01:36:35.320]  And she came to the front, went to a little card box, pulled out their copy of my ticket, and walked over and said, how do you plea?
[01:36:35.320 --> 01:36:38.320]  And I said, well, I can't enter a plea.
[01:36:38.320 --> 01:36:39.320]  I don't know.
[01:36:39.320 --> 01:36:43.320]  You know, I don't have the nature and cause to charge against me.
[01:36:43.320 --> 01:36:46.320]  And this ticket is not a valid charging instrument.
[01:36:46.320 --> 01:36:51.320]  And I had drawn up a motion to dismiss for lack of jurisdiction.
[01:36:51.320 --> 01:36:56.320]  And I told her, I said, I want to present this to the court.
[01:36:56.320 --> 01:36:57.320]  Now, I've never done this.
[01:36:57.320 --> 01:36:58.320]  I don't know anything about it.
[01:36:58.320 --> 01:37:01.320]  I just dove in headfirst to see what happened, basically.
[01:37:01.320 --> 01:37:18.320]  And basically, the way I see it is whenever I went before her, she was supposed to say what I had a right to and all of the rights I have under 15.17, the criminal procedure.
[01:37:18.320 --> 01:37:19.320]  Okay, you're correct.
[01:37:19.320 --> 01:37:26.320]  However, in order for that to take place, she has to see you in her capacity as a magistrate in the court.
[01:37:26.320 --> 01:37:29.320]  She's not going to do it at the window.
[01:37:29.320 --> 01:37:30.320]  Okay.
[01:37:30.320 --> 01:37:33.320]  You're actually going to have to ask her to put on her robes.
[01:37:33.320 --> 01:37:34.320]  No, no, no.
[01:37:34.320 --> 01:37:35.320]  Wait, wait, wait.
[01:37:35.320 --> 01:37:41.320]  Actually, a magistrate can hold a examining trial anywhere.
[01:37:41.320 --> 01:37:42.320]  I understand that.
[01:37:42.320 --> 01:37:45.320]  I'm just telling you what they're not going to do.
[01:37:45.320 --> 01:37:50.320]  If you don't actually tell her to do it in court, she's not going to take anything you're doing.
[01:37:50.320 --> 01:37:53.320]  None of them will.
[01:37:53.320 --> 01:37:54.320]  Okay.
[01:37:54.320 --> 01:37:58.320]  They won't even let you file paperwork unless you're actually in the courtroom.
[01:37:58.320 --> 01:37:59.320]  Yeah, she told me.
[01:37:59.320 --> 01:38:01.320]  It's a magistrate there anyway.
[01:38:01.320 --> 01:38:05.320]  She said she would not talk to me about my case until I enter a plea.
[01:38:05.320 --> 01:38:11.320]  And I said, okay, well, under what statute is that the case?
[01:38:11.320 --> 01:38:13.320]  I don't see that the case in any of my research.
[01:38:13.320 --> 01:38:19.320]  And she said, well, you'll have to submit that to us in writing, and we'll get back to you on what statute that is.
[01:38:19.320 --> 01:38:20.320]  And I said, okay.
[01:38:20.320 --> 01:38:24.320]  And the clerk, she was standing over to the side, and she interrupted with permission from the judge
[01:38:24.320 --> 01:38:27.320]  and said that I was privileged to have been able to speak with the judge
[01:38:27.320 --> 01:38:35.320]  because usually only the secretary would talk to me and get my plea,
[01:38:35.320 --> 01:38:36.320]  and I wouldn't even be able to see the judge.
[01:38:36.320 --> 01:38:41.320]  And I said, well, according to my ticket, I promised to appear before this judge.
[01:38:41.320 --> 01:38:45.320]  No, you promised to appear before the magistrate.
[01:38:45.320 --> 01:38:47.320]  Well, I promised to appear before.
[01:38:47.320 --> 01:38:50.320]  Or other hat.
[01:38:50.320 --> 01:38:53.320]  Okay, or before the magistrate.
[01:38:53.320 --> 01:39:00.320]  So when you promised to appear, that just means that basically I don't want to go with the officer to see the magistrate.
[01:39:00.320 --> 01:39:01.320]  I want to go on my own time.
[01:39:01.320 --> 01:39:03.320]  Basically is what that's saying, right?
[01:39:03.320 --> 01:39:06.320]  Pretty much.
[01:39:06.320 --> 01:39:08.320]  And I'm okay with that.
[01:39:08.320 --> 01:39:17.320]  Yeah, the purpose of the issuance of the citation is so that neither you nor the officer are required to join together
[01:39:17.320 --> 01:39:23.320]  and wholly arrest Amoni and go before the magistrate right then.
[01:39:23.320 --> 01:39:33.320]  So my question, what should happen whenever I do appear as I promised on the citation?
[01:39:33.320 --> 01:39:35.320]  Well, you did what you were supposed to do.
[01:39:35.320 --> 01:39:42.320]  I mean, basically you did the same thing I did with the justice of the peace when the game warden folks issued me a ticket.
[01:39:42.320 --> 01:39:46.320]  I went in, they tried to get me to fill out a plea for them, and I said, I can't do that.
[01:39:46.320 --> 01:39:48.320]  And I gave them several reasons.
[01:39:48.320 --> 01:39:52.320]  First one being is, well, one, I do not have the nature and cause.
[01:39:52.320 --> 01:39:57.320]  Two, the citation is not a valid complaint nor is it a valid charging instrument of any kind.
[01:39:57.320 --> 01:40:04.320]  And I can't enter a plea to a complaint I've never seen.
[01:40:04.320 --> 01:40:10.320]  And she finally understood that I was not going to relinquish that, and she also knew that I was correct.
[01:40:10.320 --> 01:40:12.320]  And she finally admitted that.
[01:40:12.320 --> 01:40:17.320]  And I hadn't heard from them since.
[01:40:17.320 --> 01:40:22.320]  Okay, well, I think what I messed up is that I don't have any proof that I actually did show up there.
[01:40:22.320 --> 01:40:25.320]  If they were wanting to deny it together, then they could.
[01:40:25.320 --> 01:40:27.320]  Did you take a digital recording with you, Hondo?
[01:40:27.320 --> 01:40:29.320]  No, sir, I did not.
[01:40:29.320 --> 01:40:32.320]  I'm going to have to get a stick to you now.
[01:40:32.320 --> 01:40:37.320]  Put your face up next to the mic so I can smack you right through the microphone.
[01:40:37.320 --> 01:40:39.320]  I know where that is.
[01:40:39.320 --> 01:40:42.320]  Whenever I was leaving there, I was thinking, oh, man.
[01:40:42.320 --> 01:40:49.320]  Okay, you always take a recorder or at a minimum a witness, a credible witness.
[01:40:49.320 --> 01:40:52.320]  What kind of cell phone do you have?
[01:40:52.320 --> 01:40:56.320]  I have an iPhone, and that's what I use to record my interaction with the officer.
[01:40:56.320 --> 01:41:03.320]  Put some Velcro and stick it to the inside of your pocket and put some on the back of your iPhone.
[01:41:03.320 --> 01:41:09.320]  And set your iPhone in your pocket so just that camera sticks out.
[01:41:09.320 --> 01:41:16.320]  There is an app you can get that you can video, and it will upload it.
[01:41:16.320 --> 01:41:22.320]  It will stream live to the Internet, to the Internet website.
[01:41:22.320 --> 01:41:23.320]  I've got one of those.
[01:41:23.320 --> 01:41:27.320]  I turn the phone on and stick it in my pocket, stick the Velcro through it,
[01:41:27.320 --> 01:41:32.320]  and just the camera is sticking up above the pocket.
[01:41:32.320 --> 01:41:35.320]  He hands it to me and says, hey, get the judge, will you?
[01:41:35.320 --> 01:41:41.320]  You want to tell the judge, you know, I have hearing issues.
[01:41:41.320 --> 01:41:45.320]  Will you look and speak clearly into my pen, please?
[01:41:45.320 --> 01:41:53.320]  I see.
[01:41:53.320 --> 01:41:56.320]  But right now, Hondo, it doesn't sound like you screwed up.
[01:41:56.320 --> 01:42:02.320]  They didn't know what to do with you because you knew what they were supposed to have and didn't.
[01:42:02.320 --> 01:42:06.320]  But if you don't have the seminar material,
[01:42:06.320 --> 01:42:12.320]  the document you said you created is already done in the seminar material, as is many others.
[01:42:12.320 --> 01:42:14.320]  Yes, sir, I do have it, and that's where I got it from.
[01:42:14.320 --> 01:42:16.320]  Okay, all right.
[01:42:16.320 --> 01:42:21.320]  You want to file that first initial notice, or constructive notice,
[01:42:21.320 --> 01:42:26.320]  and you want to file that number one motion to dismiss.
[01:42:26.320 --> 01:42:29.320]  So the constructive notice of tort is the one I want to file?
[01:42:29.320 --> 01:42:31.320]  Number one, correct.
[01:42:31.320 --> 01:42:35.320]  And there are two number twos, one if you had actually been taken to jail
[01:42:35.320 --> 01:42:38.320]  and one if you just were issued a citation.
[01:42:38.320 --> 01:42:42.320]  That one, we're still working on the final of those two,
[01:42:42.320 --> 01:42:46.320]  which will be where you actually get the case dismissed for failure
[01:42:46.320 --> 01:42:51.320]  to hold the examining trial within the required amount of time.
[01:42:51.320 --> 01:42:53.320]  I see.
[01:42:53.320 --> 01:43:01.320]  And another thing I wanted to talk about was 27.14, Code of Criminal Procedure,
[01:43:01.320 --> 01:43:05.320]  where it says the written notice serves as a complaint
[01:43:05.320 --> 01:43:09.320]  to which the defendant may plead guilty or not guilty or no vote contended.
[01:43:09.320 --> 01:43:14.320]  Right, and that first motion deals with that.
[01:43:14.320 --> 01:43:23.320]  And then it says if you do plead guilty, then they'll do a complaint.
[01:43:23.320 --> 01:43:26.320]  Oh, no, no, no, you've got it backwards.
[01:43:26.320 --> 01:43:30.320]  If you plead not guilty, only then will they do a complaint.
[01:43:30.320 --> 01:43:33.320]  If you plead guilty or no vote contend, pay your money, leave,
[01:43:33.320 --> 01:43:37.320]  and we'll just file it the way it is and do no complaint whatsoever.
[01:43:37.320 --> 01:43:40.320]  Right.
[01:43:40.320 --> 01:43:42.320]  All right, guys, I think that's all I have.
[01:43:42.320 --> 01:43:47.320]  I'll let you go, and I'm sure I'll be calling back sometime.
[01:43:47.320 --> 01:43:49.320]  All right, Rondo, we'll hang in there.
[01:43:49.320 --> 01:43:52.320]  Thanks.
[01:43:52.320 --> 01:43:56.320]  Okay, Randy Kelton, Eddie Craig, Devin Stevens,
[01:43:56.320 --> 01:44:00.320]  Wheel of Law Radio, we'll be right back.
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[01:46:26.320 --> 01:46:36.320]  Okay, this is Randy Kelton, Eddie Craig, Deb Stevens.
[01:46:36.320 --> 01:46:39.320]  We're here for the Rule of Law Radio.
[01:46:39.320 --> 01:46:42.320]  Deborah's got the night off.
[01:46:42.320 --> 01:46:44.320]  This is our last segment.
[01:46:44.320 --> 01:46:49.320]  We have Carlos, Claudio, and Gary.
[01:46:49.320 --> 01:46:55.320]  We're going to take Gary first, and then we'll bring up Carlos and Claudio together.
[01:46:55.320 --> 01:46:56.320]  They're brothers.
[01:46:56.320 --> 01:46:59.320]  Maybe we can get them in a fight with each other or something.
[01:46:59.320 --> 01:47:02.320]  Carlos always asks me hard questions anyway.
[01:47:02.320 --> 01:47:10.320]  So we're going to take Gary first, and then we'll finish off with you and Claudio, Carlos.
[01:47:10.320 --> 01:47:11.320]  Okay, Gary.
[01:47:11.320 --> 01:47:14.320]  All right, Gary, you're on.
[01:47:14.320 --> 01:47:22.320]  Okay, we know we're going to get sage advice now, and good law.
[01:47:22.320 --> 01:47:30.320]  Well, since you have a short segment, I was going to just say briefly about the traffic issues.
[01:47:30.320 --> 01:47:37.320]  First, the policeman would have to exhaust his administrative remedies.
[01:47:37.320 --> 01:47:45.320]  Like in Georgia, the Commissioner of Driver Services is the only one that can issue regulation.
[01:47:45.320 --> 01:47:51.320]  The policeman cannot make law, and neither can the Commissioner of Driver Services.
[01:47:51.320 --> 01:48:00.320]  So all commissioners or anyone in the Administrative Procedures Act say the state of Georgia,
[01:48:00.320 --> 01:48:12.320]  whichever state's got an APA, they have to speak and show that he's been delegated to carry out that administrative act.
[01:48:12.320 --> 01:48:24.320]  And so when they get into the so-called judicial arena, anything is appointed by the St. Traffic Court.
[01:48:24.320 --> 01:48:35.320]  What we have here in Georgia is even they have what I call grass cough court.
[01:48:35.320 --> 01:48:39.320]  These guys are appointed attorneys by the mayor.
[01:48:39.320 --> 01:48:42.320]  The mayor, they don't have no office.
[01:48:42.320 --> 01:48:45.320]  They don't carry out no judicial procedure.
[01:48:45.320 --> 01:48:50.320]  But they do it out of the can laws because people walk in there and they say, how do you plead?
[01:48:50.320 --> 01:48:52.320]  They do it because they can't.
[01:48:52.320 --> 01:49:01.320]  So back to the traffic issue or any other regulated entity,
[01:49:01.320 --> 01:49:07.320]  they have to exhaust administrative remedies and they don't sign any regulations whatsoever.
[01:49:07.320 --> 01:49:09.320]  So it's void right there.
[01:49:09.320 --> 01:49:16.320]  So that's where you get in to have no standing rather than argue any of their other arguments,
[01:49:16.320 --> 01:49:20.320]  which to me they like to call in front of us, which is true.
[01:49:20.320 --> 01:49:21.320]  Okay.
[01:49:21.320 --> 01:49:24.320]  I do have a real pertinent issue to be real.
[01:49:24.320 --> 01:49:29.320]  I'm trying to do this real quick, too, is on the rule of state.
[01:49:29.320 --> 01:49:39.320]  When in a nonjudicial foreclosure state, we have these attorneys that just show up like Grandma Moses
[01:49:39.320 --> 01:49:45.320]  and they say they represent XYZ Corporation, Hillary Clinton and Henry the Hound Dog.
[01:49:45.320 --> 01:49:51.320]  However, they never show any notice of appearance appearing in the record.
[01:49:51.320 --> 01:49:53.320]  They just do it.
[01:49:53.320 --> 01:49:59.320]  There we go again about the can laws. They do it because the can like Jesse James and Bonnie and Clyde,
[01:49:59.320 --> 01:50:03.320]  they withdrew money out of anybody's account because of the can.
[01:50:03.320 --> 01:50:14.320]  But what we have with the issue of how do you stop a mortgage foreclosure,
[01:50:14.320 --> 01:50:22.320]  first is if it's a mortgage company, they have to have someone to represent them under Rule 30B6
[01:50:22.320 --> 01:50:30.320]  and say federal rules of civil procedure or even state, any state like my state, Georgia,
[01:50:30.320 --> 01:50:37.320]  they're copycat fans like most states do, but Rule 30B6 wouldn't.
[01:50:37.320 --> 01:50:42.320]  So the attorney's not a witness, so they got nothing.
[01:50:42.320 --> 01:50:53.320]  To me, I think the best thing to do, in a nonjudicial foreclosure state,
[01:50:53.320 --> 01:51:00.320]  of course you start doing discovery, but other than that, just go file your, pay it here.
[01:51:00.320 --> 01:51:02.320]  The fee's fairly reasonable.
[01:51:02.320 --> 01:51:08.320]  Enjoy the $85 to file and go sue them, go sue the attorney.
[01:51:08.320 --> 01:51:17.320]  The first thing you do is file a challenge to the jurisdiction of the court claiming that,
[01:51:17.320 --> 01:51:24.320]  oh, this is nonjudicial, if an attorney claims to represent a client,
[01:51:24.320 --> 01:51:32.320]  then you file against the attorney who, if he does anything toward an eviction,
[01:51:32.320 --> 01:51:42.320]  you charge him with fraud and attempted conversion and demand that he show agency.
[01:51:42.320 --> 01:51:43.320]  Absolutely sure.
[01:51:43.320 --> 01:51:47.320]  Agency cannot be proven out of the mouth of the agent.
[01:51:47.320 --> 01:51:51.320]  It must be proven out of the mouth of the principal.
[01:51:51.320 --> 01:51:53.320]  Absolutely.
[01:51:53.320 --> 01:51:56.320]  Bring me the principal, Bubba.
[01:51:56.320 --> 01:52:02.320]  Yes, sir, because people argue and note, well, that's after the fact.
[01:52:02.320 --> 01:52:06.320]  He's proven that all parties are before a court.
[01:52:06.320 --> 01:52:14.320]  Otherwise, as I said, Grandma Moses could show up all over the court's house steps.
[01:52:14.320 --> 01:52:18.320]  I'm saying let's stop pussyfooting around with these guys.
[01:52:18.320 --> 01:52:20.320]  These guys are criminals.
[01:52:20.320 --> 01:52:23.320]  Let's start filing against them criminally.
[01:52:23.320 --> 01:52:32.320]  Yes, sir, and the good stance for that is conspiracy, 18 U.S.C. 241,
[01:52:32.320 --> 01:52:39.320]  and I got 100-page creedies on that if you'd like me to send it to you.
[01:52:39.320 --> 01:52:43.320]  Well, this doesn't necessarily go to conspiracy.
[01:52:43.320 --> 01:52:48.320]  That's where two or more people travel up on the highways
[01:52:48.320 --> 01:52:53.320]  for the purpose of conspiring to deny someone their rights.
[01:52:53.320 --> 01:52:57.320]  242 is a little more specific where a public official violates a law
[01:52:57.320 --> 01:52:58.320]  relating to their office.
[01:52:58.320 --> 01:53:00.320]  That's Ku Klux Klan Act.
[01:53:00.320 --> 01:53:02.320]  We can take it more directly.
[01:53:02.320 --> 01:53:07.320]  If I come to your house and tell you that I'm an attorney
[01:53:07.320 --> 01:53:13.320]  and I have agency for the lender and he don't like you,
[01:53:13.320 --> 01:53:16.320]  I'm taking your house and get out,
[01:53:16.320 --> 01:53:21.320]  you're not going to file a motion challenging my agency.
[01:53:21.320 --> 01:53:25.320]  You're going to call the police and ask them to arrest me,
[01:53:25.320 --> 01:53:28.320]  and that's what we should be doing to these attorneys.
[01:53:28.320 --> 01:53:31.320]  Absolutely.
[01:53:31.320 --> 01:53:33.320]  Let's file an appeal.
[01:53:33.320 --> 01:53:38.320]  Let's file an appeal to the grand jury instead of these chumps out here
[01:53:38.320 --> 01:53:43.320]  and ask the grand jury what they think of this nonsense.
[01:53:43.320 --> 01:53:46.320]  We start doing that, we'll get their attention.
[01:53:46.320 --> 01:53:48.320]  Okay, sir.
[01:53:48.320 --> 01:53:51.320]  So just some of the...
[01:53:51.320 --> 01:53:58.320]  You have a list, maybe people buy whatever.
[01:53:58.320 --> 01:54:03.320]  Because I hear you telling us about all the charges,
[01:54:03.320 --> 01:54:10.320]  and so you do have that out there or is that part of your package?
[01:54:10.320 --> 01:54:14.320]  Oh, no, I don't have that in the package yet.
[01:54:14.320 --> 01:54:16.320]  I see, yes, sir, okay.
[01:54:16.320 --> 01:54:25.320]  I have some researchers who have researched out the bar grievance site.
[01:54:25.320 --> 01:54:30.320]  We have all of the state bars for all of the states.
[01:54:30.320 --> 01:54:36.320]  We're putting together now a database and a questionnaire
[01:54:36.320 --> 01:54:38.320]  where you fill out the questionnaire
[01:54:38.320 --> 01:54:40.320]  and when you tell it what state it'll go to that state
[01:54:40.320 --> 01:54:43.320]  and get the form for that state
[01:54:43.320 --> 01:54:46.320]  and ask you all the questions it needs
[01:54:46.320 --> 01:54:49.320]  and then it'll spit out the bar grievance.
[01:54:49.320 --> 01:54:53.320]  Great.
[01:54:53.320 --> 01:54:58.320]  When they foreclose, then it goes to magistrate court,
[01:54:58.320 --> 01:55:05.320]  which is an interim action for a lawful possession or detainer.
[01:55:05.320 --> 01:55:08.320]  I guess detainer would be the same thing.
[01:55:08.320 --> 01:55:13.320]  And you have to attack the magistrate
[01:55:13.320 --> 01:55:15.320]  because they don't listen to it.
[01:55:15.320 --> 01:55:17.320]  Okay, Randy, thank you very much, sir.
[01:55:17.320 --> 01:55:19.320]  I know it's short and you have another call.
[01:55:19.320 --> 01:55:21.320]  I enjoyed the program.
[01:55:21.320 --> 01:55:22.320]  Thank you, Gary.
[01:55:22.320 --> 01:55:23.320]  Yes, sir, good night.
[01:55:23.320 --> 01:55:31.320]  Okay, now we're going to go to Carlos and Claudio in California.
[01:55:31.320 --> 01:55:33.320]  I'd better go first.
[01:55:33.320 --> 01:55:35.320]  This is Claudio.
[01:55:35.320 --> 01:55:36.320]  Hey, Randy.
[01:55:36.320 --> 01:55:38.320]  Hello, Claudio.
[01:55:38.320 --> 01:55:39.320]  That's Carlos.
[01:55:39.320 --> 01:55:40.320]  That is Claudio.
[01:55:40.320 --> 01:55:41.320]  Let him go first.
[01:55:41.320 --> 01:55:43.320]  Okay, Randy, I have a question.
[01:55:43.320 --> 01:55:45.320]  I'm reading one of the judges' books
[01:55:45.320 --> 01:55:51.320]  and it says when a complainant attaches an entire contract to a complaint,
[01:55:51.320 --> 01:55:55.320]  the court may take judicial notice of it.
[01:55:55.320 --> 01:56:00.320]  And then parenthesis says even if it is not signed,
[01:56:00.320 --> 01:56:03.320]  and then they give you a case law.
[01:56:03.320 --> 01:56:05.320]  Now, they're talking about judicial notice.
[01:56:05.320 --> 01:56:07.320]  Can you explain that?
[01:56:07.320 --> 01:56:09.320]  Okay, judicial notice.
[01:56:09.320 --> 01:56:20.320]  A court can take judicial notice of law and of facts that cannot be controverted.
[01:56:20.320 --> 01:56:26.320]  Now, you're saying that you have case law that says that the court can take
[01:56:26.320 --> 01:56:30.320]  judicial notice of a contract even if it's not signed.
[01:56:30.320 --> 01:56:31.320]  Yes.
[01:56:31.320 --> 01:56:41.320]  Well, in order to understand the nature of the judicial notice,
[01:56:41.320 --> 01:56:48.320]  I'm sorry, the nature of the case law, there's probably more to it.
[01:56:48.320 --> 01:56:51.320]  Somebody's typing in the background.
[01:56:51.320 --> 01:56:57.320]  It's coming out loud over the computer, I mean over the mic.
[01:56:57.320 --> 01:57:03.320]  Judicial notice can only be taken of something that can't be controverted.
[01:57:03.320 --> 01:57:11.320]  So what I'm thinking here is this case is addressing a contract
[01:57:11.320 --> 01:57:20.320]  that both sides agree this is a fair and accurate representation of the contract itself.
[01:57:20.320 --> 01:57:27.320]  The court can take judicial notice of the contract itself, but if it's unsigned,
[01:57:27.320 --> 01:57:32.320]  the court is not taking judicial notice of a signed contract,
[01:57:32.320 --> 01:57:36.320]  of a binding contract between the two parties.
[01:57:36.320 --> 01:57:41.320]  Merely judicial notice that the contract exists,
[01:57:41.320 --> 01:57:46.320]  that this is a contract spoken of in the action,
[01:57:46.320 --> 01:57:55.320]  and that both parties agree that this is an accurate representation of the contract.
[01:57:55.320 --> 01:58:00.320]  They take the judicial notice of that, but if it's unsigned,
[01:58:00.320 --> 01:58:07.320]  then they're merely taking judicial notice of an unsigned contract
[01:58:07.320 --> 01:58:12.320]  and not of a valid binding contract.
[01:58:12.320 --> 01:58:16.320]  So does that sound like it's accurately characterized?
[01:58:16.320 --> 01:58:19.320]  Yes, yes, okay. Is it over?
[01:58:19.320 --> 01:58:21.320]  Yeah, I'm afraid we're almost out of time.
[01:58:21.320 --> 01:58:23.320]  Okay, all right.
[01:58:23.320 --> 01:58:27.320]  I'm sorry, I should have got to you earlier.
[01:58:27.320 --> 01:58:30.320]  Call back in Thursday, we've only got about 30 seconds.
[01:58:30.320 --> 01:58:31.320]  Okay, thank you. Good night.
[01:58:31.320 --> 01:58:33.320]  Thank you, Carlos, I'll call you.
[01:58:33.320 --> 01:58:34.320]  You're welcome, thank you.
[01:58:34.320 --> 01:58:40.320]  Okay, this is Randy Kelton, Eddie Craig, David Stevens had the night off.
[01:58:40.320 --> 01:58:43.320]  Wheel of Law Radio.
[01:58:43.320 --> 01:58:50.320]  Eddie Craig and David Stevens will be back Monday with Eddie's Traffic Night.
[01:58:50.320 --> 01:58:53.320]  So we'll see you then.
[01:58:53.320 --> 01:59:14.320]  Thank you for listening and good night.
[01:59:23.320 --> 01:59:44.320]  Thank you.
[01:59:44.320 --> 01:59:59.320]  Thank you.