ROL_2011-11-11_16k_Hr3-4.timecode

[00:00.000 --> 00:04.760]  This news brief brought to you by the International News Net.
[00:04.760 --> 00:09.100]  The British government's business secretary Vince Cable says the UK Treasury is making
[00:09.100 --> 00:14.320]  contingency plans for the breakup of the Euro and an Armageddon scenario.
[00:14.320 --> 00:19.280]  Cable said, there's a lot of scenario planning, thinking about all possible outcomes, adding
[00:19.280 --> 00:21.840]  we have to deal with the world as it is.
[00:21.840 --> 00:26.120]  Even so, the business secretary argued Italy was basically solvent and the pessimism and
[00:26.120 --> 00:30.200]  panic gripping the markets was overdone.
[00:30.200 --> 00:35.320]  Italy's Senate approved an economic austerity package Friday intended to restore market
[00:35.320 --> 00:36.440]  confidence.
[00:36.440 --> 00:41.400]  The vote triggered the formation of an emergency transition government, ending Prime Minister
[00:41.400 --> 00:44.400]  Silvio Berlusconi's corrupt regime.
[00:44.400 --> 00:50.000]  Costa Lapa Vista of London University writes, quote, the economics of austerity makes no
[00:50.000 --> 00:56.080]  sense at all, adding, Italian problems have originated in a stagnant economy, not in a
[00:56.080 --> 00:58.800]  profligate state.
[00:58.800 --> 01:04.840]  Following the International Atomic Energy Agency's report accusing Iran of activities, quote,
[01:04.840 --> 01:10.380]  specific to nuclear weapons, the Wall Street Journal said Friday the US may sell a package
[01:10.380 --> 01:16.360]  of precision-guided bunker-buster bombs to the United Arab Emirates in order to help,
[01:16.360 --> 01:20.360]  quote, build a regional coalition to counter Iran.
[01:20.360 --> 01:25.360]  The proposal will reportedly be presented to Congress shortly.
[01:25.360 --> 01:31.280]  Barack Obama Thursday caved into mounting pressure and delayed his decision on the Keystone
[01:31.280 --> 01:37.040]  XL Tarsan's pipeline until after the 2012 presidential elections.
[01:37.040 --> 01:41.840]  Hundreds of people were arrested this summer in front of a White House protesting the XL,
[01:41.840 --> 01:46.600]  which would carry Tarsan's oil from Alberta to refineries in Texas.
[01:46.600 --> 01:50.720]  Union members linked arms around the White House with members of Canada's First Nations
[01:50.720 --> 01:56.480]  Community Sunday in a rally against the pipeline, Obama claimed the delay would give the State
[01:56.480 --> 01:59.960]  Department time to review alternate routes.
[01:59.960 --> 02:04.680]  Documents released by WikiLeaks revealed the State Department has worked closely with pipeline
[02:04.680 --> 02:08.920]  company TransCanada to ensure favorable media coverage.
[02:08.920 --> 02:15.720]  Obama has hired a former TransCanada lobbyist as a 2012 campaign surrogate, and TransCanada
[02:15.720 --> 02:22.840]  has hired a State Department official, formerly with the Hillary Clinton presidential campaign.
[02:22.840 --> 02:26.720]  German and French officials have discussed plans for a radical overhaul of the European
[02:26.720 --> 02:31.440]  Union that would involve setting up a more integrated and smaller Eurozone.
[02:31.440 --> 02:36.800]  A senior EU official told Reuters, France and Germany have had intense consultations
[02:36.800 --> 02:41.680]  on this issue over the last months, adding we need to move very cautiously, but the truth
[02:41.680 --> 02:46.200]  is we need to establish exactly the list of those who don't want to be part of the club
[02:46.200 --> 02:48.440]  and those who simply cannot be part.
[02:48.440 --> 02:53.560]  One EU diplomat told Reuters, this will unravel everything our forebears have painstakingly
[02:53.560 --> 02:58.800]  built up and repudiate all that they stood for the past 60 years, adding it could truly
[02:58.800 --> 03:27.280]  be the end of Europe as we know it.
[03:28.800 --> 03:50.160]  Well I received my remedy today, came in a box just like the shape I accepted it for
[03:50.160 --> 03:51.160]  value right away.
[03:51.160 --> 04:01.840]  It's not too late or not later, we are originators and the pathway seems to get straighter every
[04:01.840 --> 04:02.840]  day.
[04:02.840 --> 04:03.840]  And I can take anything that belongs to me and put it to good use.
[04:03.840 --> 04:14.840]  But I was good for the gander, don't know where to go.
[04:14.840 --> 04:22.840]  Alright, let's move to our practice, the brutal law radio, all in number 512-64-6-1984.
[04:22.840 --> 04:27.960]  This is our four hour Friday night marathon, we have about two hours for the first letter
[04:27.960 --> 04:28.960]  in the show.
[04:28.960 --> 04:33.240]  We are going to finish up with Kevin in Hawaii, then we are going to take Barrett and go from
[04:33.240 --> 04:34.240]  there.
[04:34.240 --> 04:35.800]  Alright Kevin, let's see if we can get you finished up.
[04:35.800 --> 04:40.000]  You asked before we went to break, if you could do anything civilly on this.
[04:40.000 --> 04:43.240]  The answer is absolutely.
[04:43.240 --> 04:48.240]  If the officer exceeded his lawful authority in the performance of his alleged duties,
[04:48.240 --> 04:54.720]  he committed a crime and you can sue him for what he did.
[04:54.720 --> 05:00.800]  In Texas there is several ways to go about doing that.
[05:00.800 --> 05:05.600]  But the first thing is that you have to cite that they are devoid of immunity for the following
[05:05.600 --> 05:07.720]  reasons as the way it generally works.
[05:07.720 --> 05:11.520]  Randy, you want to go into that with him real quick?
[05:11.520 --> 05:19.800]  If a police officer, in this case, you would go for him for exceeding scope.
[05:19.800 --> 05:23.680]  He didn't have a warrant to take that object.
[05:23.680 --> 05:32.480]  So he took someone's personal property without authority to take it, that's called theft.
[05:32.480 --> 05:39.680]  And theft is not within the scope of the public official.
[05:39.680 --> 05:45.640]  That's one way to get out of his qualified immunity.
[05:45.640 --> 05:50.240]  There is one that I've always wanted to try.
[05:50.240 --> 05:55.440]  Did the officer walk back to the police station or did he drive a cruiser?
[05:55.440 --> 05:56.440]  He drove back.
[05:56.440 --> 06:10.160]  If a public official or if anyone acting under the authority of a governmental agency incurs
[06:10.160 --> 06:18.400]  an injury against a citizen while operating a motorized piece of equipment belonging to
[06:18.400 --> 06:32.320]  the county or the political entity, in those cases the entity waves its sovereign immunity.
[06:32.320 --> 06:37.120]  Now what this is intended for is if a guy is operating a backhoe and you're driving
[06:37.120 --> 06:43.080]  past and he puts a stinger through your front windshield, or if he's driving a tow truck
[06:43.080 --> 06:51.840]  or a dump truck and bashes into your car, he can be sued, the city or the county waves
[06:51.840 --> 06:55.280]  their sovereign immunity for those instances.
[06:55.280 --> 07:01.320]  Well, the officer wouldn't have stowed that skateboard if he had had to carry it back
[07:01.320 --> 07:04.640]  to the station.
[07:04.640 --> 07:10.640]  They used a piece of motorized equipment to facilitate the commission of the criminal
[07:10.640 --> 07:12.640]  act.
[07:12.640 --> 07:19.320]  I've claimed that as waving their sovereign immunity, but that would probably won't fly,
[07:19.320 --> 07:22.960]  but it'd be a lot of fun to throw at him.
[07:22.960 --> 07:25.800]  But the one about exceeding scope will.
[07:25.800 --> 07:31.200]  The primary case is an officer's transporting a woman to jail and stops in a rapier on the
[07:31.200 --> 07:33.640]  way to jail.
[07:33.640 --> 07:38.680]  And he was prosecuted, then he was sued, and he claimed he couldn't be sued because he
[07:38.680 --> 07:46.760]  was acting within the scope of his authority, meaning that transporting this person to jail
[07:46.760 --> 07:49.760]  was within the scope of his authority.
[07:49.760 --> 07:55.800]  But the court said rape is not within scope.
[07:55.800 --> 08:00.120]  Committing criminal acts while acting under the color of authority is not within the
[08:00.120 --> 08:03.360]  scope of their authority, and that's where you go for it.
[08:03.360 --> 08:04.360]  Okay.
[08:04.360 --> 08:05.360]  Okay.
[08:05.360 --> 08:12.360]  I'll go on to that website and download another complaint form and get that notarized, and
[08:12.360 --> 08:15.960]  I will walk it on down to the Prosecuting Attorney's Office.
[08:15.960 --> 08:17.720]  I thank you gentlemen very much.
[08:17.720 --> 08:19.640]  Just one caution about that.
[08:19.640 --> 08:20.640]  Yes.
[08:20.640 --> 08:24.720]  Don't have too much fun with it.
[08:24.720 --> 08:34.440]  Okay, we're going to move ahead, we're going to go to Barrett in Idaho.
[08:34.440 --> 08:36.800]  Barrett, what do you have for us today?
[08:36.800 --> 08:39.320]  Yeah, I have two questions.
[08:39.320 --> 08:44.840]  Does one have to expatriate themselves, I don't know if I'm saying that word right,
[08:44.840 --> 08:50.040]  to get their driving rights back and their gun rights back?
[08:50.040 --> 08:53.960]  Because when I turn like 80 years old or something like that, I'm not going to be able to physically
[08:53.960 --> 08:56.480]  defend myself in my own home.
[08:56.480 --> 09:05.640]  So it's like a nonviolent felony, no one was hurt, no property damage, same thing with
[09:05.640 --> 09:06.640]  my driving.
[09:06.640 --> 09:14.920]  I never had an accident except for when I was wounded twice at a red light, and I haven't
[09:14.920 --> 09:19.720]  been driving since I was nine, I'm just like wearing out shoes, walking, and the cordial
[09:19.720 --> 09:26.080]  lane in Idaho is just, they have like one bus and it runs every hour and a half, and
[09:26.080 --> 09:27.080]  it's really hard to get around.
[09:27.080 --> 09:32.080]  Wait a minute, wait a minute, are you saying you don't have a driver's license?
[09:32.080 --> 09:37.400]  No, it was revoked for getting a third DUI within 15 years.
[09:37.400 --> 09:40.840]  Oh, you're not 15, that's good of you.
[09:40.840 --> 09:42.960]  That was out of order.
[09:42.960 --> 09:45.560]  Ex-patriating won't help you.
[09:45.560 --> 09:46.560]  Wow.
[09:46.560 --> 09:52.560]  It's not whether you're a citizen or not, the issue doesn't go to that.
[09:52.560 --> 10:00.440]  Well, anyway, I'm going to ask, well, the felony was 13 years ago, I had none prior
[10:00.440 --> 10:10.120]  to that, none since that, so I don't know, I might just, I don't think you have an option.
[10:10.120 --> 10:19.840]  The statute said that forbids a felon from possessing a firearm, there's no limitation
[10:19.840 --> 10:20.840]  on that.
[10:20.840 --> 10:23.040]  It is essentially forever.
[10:23.040 --> 10:24.040]  Wow.
[10:24.040 --> 10:25.040]  We're the same.
[10:25.040 --> 10:28.040]  I mean, it's like goodbye to the Second Amendment.
[10:28.040 --> 10:33.800]  You know, I was 10 years old, me and my dad were watching a news story, and we're this
[10:33.800 --> 10:39.720]  guy committed a nonviolent, I think he was selling a joint marijuana joint or something,
[10:39.720 --> 10:46.480]  and it was a felony, and I think it was a newscaster or something, it was like 1975,
[10:46.480 --> 10:54.480]  and he said, yeah, the guy is going to lose his carry permit and also his gun rights.
[10:54.480 --> 10:59.720]  His gun rights on firearms, I asked my dad, I said, look, he didn't do anything with
[10:59.720 --> 11:03.800]  a firearm, he didn't hurt anybody, why are they taking his gun rights away?
[11:03.800 --> 11:07.120]  And he just says, well, that's just the way it is.
[11:07.120 --> 11:08.120]  It is.
[11:08.120 --> 11:14.240]  It's unfortunate in some cases, but in some cases it's a good idea.
[11:14.240 --> 11:19.120]  So the thing about that statute is it's precognitive.
[11:19.120 --> 11:24.120]  Deputy Sheriff, he did not let me make a phone call before me submitting to a breathalyzer,
[11:24.120 --> 11:27.240]  which I didn't submit to, because he wouldn't let me make a phone call.
[11:27.240 --> 11:32.120]  I know I can sue him for violating my right to counsel before.
[11:32.120 --> 11:36.120]  How long has it been?
[11:36.120 --> 11:37.680]  What was that?
[11:37.680 --> 11:39.640]  How long has it been since then?
[11:39.640 --> 11:43.960]  It was March the 17th of 2009 is when I got picked up.
[11:43.960 --> 11:46.960]  I took it to trial.
[11:46.960 --> 11:55.840]  That was January of 2010 when I went to trial.
[11:55.840 --> 12:00.920]  You're still within statute of limitations on that one, as far as suing.
[12:00.920 --> 12:05.120]  Is it the same all over or is it different for each state?
[12:05.120 --> 12:12.440]  Sometimes different, but generally on false imprisonment is one year on most all civil
[12:12.440 --> 12:17.160]  torts, there's a two-year statute of limitations.
[12:17.160 --> 12:26.280]  Fraud and some criminal-based torts, there are longer periods, but here you're probably
[12:26.280 --> 12:31.840]  looking at two years maximum.
[12:31.840 --> 12:37.240]  And in order to file the suit, you would first have to file a tort letter.
[12:37.240 --> 12:44.120]  Every state I've been to has this tort letter requirement.
[12:44.120 --> 12:50.200]  Before you sue, you have to notify the other party that you've been harmed, unless there's
[12:50.200 --> 12:53.920]  a situation where you have to act immediately.
[12:53.920 --> 12:56.600]  So generally you need to give them 60 days.
[12:56.600 --> 12:59.840]  So you send them a tort letter and you tell them you've been harmed and make me whole
[12:59.840 --> 13:00.840]  to be sued.
[13:00.840 --> 13:02.840]  Can I do that from another state?
[13:02.840 --> 13:04.680]  Because I'm in that hole.
[13:04.680 --> 13:12.800]  Oh yeah, this is going to be, you're in Idaho, did the citation occur or the action occur
[13:12.800 --> 13:13.800]  in Idaho?
[13:13.800 --> 13:16.640]  No, it was all in Oregon, I'm from Oregon.
[13:16.640 --> 13:24.400]  I moved out here because I was supposed to go to a trial for a DV.
[13:24.400 --> 13:33.640]  And because my court appointed attorney, he would not, because my girlfriend of six years
[13:33.640 --> 13:39.400]  had quit taking her anti-psychotic medication and she took a belt, you know, with a really
[13:39.400 --> 13:45.480]  heavy thing on the answer, swinging it out of me because I wouldn't acknowledge a 6665
[13:45.480 --> 13:46.480]  bearhead hugger.
[13:46.480 --> 13:49.080]  Okay, I remember talking to you.
[13:49.080 --> 13:54.280]  I just got on her neck and, you know, and they charged me with dismissive violence and
[13:54.280 --> 14:00.640]  they gave me this offer, well 14 months of this and you're going to have to pay for it
[14:00.640 --> 14:08.560]  of anger management and abuse management and, you know, as I understand you took a deal
[14:08.560 --> 14:09.560]  on that?
[14:09.560 --> 14:18.320]  No, I didn't take it, I just, we had the trial date but because I was homeless at the time
[14:18.320 --> 14:24.360]  too and it was getting really cold in Portland so I left in like January.
[14:24.360 --> 14:28.280]  Okay, wait a minute, let's get to the point, did you not go to court?
[14:28.280 --> 14:32.720]  No, I didn't, well I went to court on it but I just never went to my, I went to my pre-trial
[14:32.720 --> 14:36.800]  of conferences and I tried to get this attorney, Kelly Doyle, his name.
[14:36.800 --> 14:42.120]  No, sir, we don't need to go through all of these details, what's the end result?
[14:42.120 --> 14:48.400]  Well, I basically did not go to my trial, which I know that's probably not a good thing
[14:48.400 --> 14:49.400]  to do.
[14:49.400 --> 14:50.960]  That's not a good thing to do.
[14:50.960 --> 14:56.480]  We're not talking about it, really, sir, and the DUI, I didn't complete the last three
[14:56.480 --> 15:00.560]  weeks of my six-month treatment because I was freezing to death on the street.
[15:00.560 --> 15:07.080]  So now on my appeal, on this DUI, they said, oh, they're not going to let it go through
[15:07.080 --> 15:12.960]  because you're on an abscond level, level or abscond status or whatever.
[15:12.960 --> 15:18.040]  Yeah, as long as you're in abscond status, everything stops, the clock stops, everything
[15:18.040 --> 15:19.040]  stops.
[15:19.040 --> 15:24.280]  Your speedy trial clock stops, you have to get that taken care of.
[15:24.280 --> 15:29.280]  So I have to physically, do I have to physically go down there and take care of this?
[15:29.280 --> 15:30.280]  Probably do.
[15:30.280 --> 15:36.920]  And you're looking at a third DUI, you're looking, you're not in prison for a very long
[15:36.920 --> 15:37.920]  time.
[15:37.920 --> 15:43.920]  You get a third DUI in Texas and you are history, 25 to life.
[15:43.920 --> 15:50.880]  You were just exactly a point of the way and you only had three drinks at a bar or
[15:50.880 --> 15:51.880]  something.
[15:51.880 --> 15:54.880]  They are really not kidding.
[15:54.880 --> 16:01.960]  We had a jury on a first DUI in Weatherford, Texas, give a guy 99 years.
[16:01.960 --> 16:12.600]  The courts overturned it, but a drunk driver crossed the center mound on I-20 and hit
[16:12.600 --> 16:16.160]  a carload of teenagers, head on, killed five of them.
[16:16.160 --> 16:17.560]  This guy walked away.
[16:17.560 --> 16:21.840]  You do not want to give a DUI in Weatherford, Texas.
[16:21.840 --> 16:28.240]  And three is a good chance in Texas I put you away for life.
[16:28.240 --> 16:32.240]  So I wouldn't feel too bad, you're not doing as bad as you could.
[16:32.240 --> 16:39.280]  Okay, we're about to go to break, we'll come back, we will.
[16:39.280 --> 16:48.520]  Thank you for talking to us, but I don't think you're going to beat that, no weapons, there's
[16:48.520 --> 16:49.520]  no way to get that off.
[16:49.520 --> 16:54.440]  Okay, this is Randy Cowton, Deborah Stevens, Eddie Craig with my radio, we'll go to Phil
[16:54.440 --> 17:02.560]  on the other side and we'll be right back.
[17:02.560 --> 17:08.720]  It's the story of a lost city, lost opportunity, lost hope.
[17:08.720 --> 17:16.160]  A story of failed policies, failed leadership, a story of smooth talking politicians, games
[17:16.160 --> 17:20.960]  of he said, she said, rhetoric and division.
[17:20.960 --> 17:30.160]  One man has stood apart, stood strong and true, voting against every tax increase, every
[17:30.160 --> 17:38.400]  unbalanced budget, every time, standing up to the Washington machine, guided by principal,
[17:38.400 --> 17:46.480]  Ron Paul, the one who will stop the spending, save the dollar, create jobs, bring peace,
[17:46.480 --> 17:55.480]  the one who will restore liberty, Ron Paul, the one who can beat Obama and restore America
[17:55.480 --> 17:56.480]  now.
[17:56.480 --> 18:00.280]  I'm Ron Paul and I approve this message.
[18:00.280 --> 18:05.600]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[18:05.600 --> 18:30.720]  How to get debt collectors out of your credit report, how to turn the financial tables on
[18:30.720 --> 18:33.840]  them and make them pay you to go away.
[18:33.840 --> 18:38.960]  The Michael Mearris Proven Method is the solution for how to stop debt collectors.
[18:38.960 --> 18:41.080]  Personal consultation is available as well.
[18:41.080 --> 18:46.640]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mearris banner
[18:46.640 --> 18:49.560]  or email Michael Mearris at yahoo.com.
[18:49.560 --> 18:57.320]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[18:57.320 --> 19:04.320]  To learn how to stop debt collectors next.
[19:04.320 --> 19:32.320]  I'm Ron Paul and I approve this message.
[19:32.320 --> 20:01.600]  All right folks, we are back, this is rule of law radio.
[20:01.600 --> 20:15.040]  We are taking your call, so please give us any issues you got, any questions you have.
[20:15.040 --> 20:18.840]  We have not quite two hours left in the show.
[20:18.840 --> 20:22.000]  Right now we have Mike, Phil and Darren.
[20:22.000 --> 20:25.600]  We're going to go ahead, is Darren a first time caller?
[20:25.600 --> 20:26.600]  Phil is.
[20:26.600 --> 20:27.600]  Ah, Phil is.
[20:27.600 --> 20:28.600]  All right.
[20:28.600 --> 20:31.680]  Well, we'll go ahead and take Phil first and then we'll come back and take Mike and
[20:31.680 --> 20:32.680]  Darren.
[20:32.680 --> 20:34.840]  Ian and Phil, what can we do for you?
[20:34.840 --> 20:42.720]  Actually, I called the other night about eminent domain on pipelines or the railroad
[20:42.720 --> 20:48.000]  commission's issues of permit that go to the district court and basically take your property.
[20:48.000 --> 20:52.280]  Is that just the end of it or is there anything you really can do?
[20:52.280 --> 20:58.320]  Well in Texas they gave great leeway to the railroads to steal property when we first
[20:58.320 --> 21:00.680]  got to let them into this state.
[21:00.680 --> 21:03.800]  Anyway, you're going to say Randy?
[21:03.800 --> 21:10.160]  Well, yeah, I was going to say this, essentially that, that they do have a lot of room and
[21:10.160 --> 21:14.600]  it is strictly a state issue.
[21:14.600 --> 21:24.240]  If they take it by eminent domain, unless you can prove that they either, that it's
[21:24.240 --> 21:30.600]  not necessary that they take it, if there's some other property that's less onerous to
[21:30.600 --> 21:37.680]  take or will cause less harm, then you might be able to get a court to overturn, but it's
[21:37.680 --> 21:39.840]  difficult and expensive.
[21:39.840 --> 21:41.000]  Okay.
[21:41.000 --> 21:47.040]  Everything doesn't have a good answer, unfortunately.
[21:47.040 --> 21:48.040]  Yeah.
[21:48.040 --> 21:54.400]  Now, there is the possibility that a land patent will prevent them from seizing it under eminent
[21:54.400 --> 22:01.800]  domain, but the question is, is can you have the patent in place before the seizure occurs?
[22:01.800 --> 22:08.840]  Well, I guess what I'm just, I don't think so, but I was just looking at, I went out
[22:08.840 --> 22:13.840]  to the property and they've got these easements around and work easements and it looked like
[22:13.840 --> 22:20.680]  they were outside the work easement to where they were and I'm just kind of, it's like
[22:20.680 --> 22:27.320]  a diamond or a triangle piece of property and I guess I'm like in there and have partial
[22:27.320 --> 22:35.400]  interest in it and everything that I've heard, it's like they're just going to do whatever
[22:35.400 --> 22:36.400]  they want to.
[22:36.400 --> 22:42.560]  I mean, we're supposed to pay on the appraisal or whatever of the value of the loss, but
[22:42.560 --> 22:46.360]  in the end, we're going to still have to pay the taxes on the property that we really
[22:46.360 --> 22:47.840]  can't use.
[22:47.840 --> 22:53.920]  And it sounds like you may have a problem with standing.
[22:53.920 --> 23:00.840]  If you're an heir, are you a current heir or a potential heir?
[23:00.840 --> 23:02.560]  I'm a current heir.
[23:02.560 --> 23:06.600]  Actually, I've got papers with my name in there.
[23:06.600 --> 23:09.760]  I mean, is the property in probate?
[23:09.760 --> 23:10.760]  No.
[23:10.760 --> 23:16.040]  Oh, so whoever you will inherit it from is still alive?
[23:16.040 --> 23:17.040]  No.
[23:17.040 --> 23:20.280]  Actually, I have some ownership in it.
[23:20.280 --> 23:21.280]  Oh, okay.
[23:21.280 --> 23:24.680]  Then you'd have something then that will give you standing.
[23:24.680 --> 23:25.680]  Okay.
[23:25.680 --> 23:26.680]  Okay.
[23:26.680 --> 23:34.560]  Because if you were an heir and that person hasn't died yet, you would have zero standing.
[23:34.560 --> 23:40.720]  So you'll probably have standing to get into the court, but it'll be difficult.
[23:40.720 --> 23:52.040]  This is a difficult issue, and always imminent domain has been essentially a socialist issue.
[23:52.040 --> 23:57.800]  Well, one point about it that's really more irritating, I'm going to cut, I think, from
[23:57.800 --> 24:03.640]  what you probably answered the question, but when they get this easement, then they can
[24:03.640 --> 24:09.040]  go ahead and sell the easement like if someone else wants to put a pipeline in, they can
[24:09.040 --> 24:15.080]  sell an easement to someone else in order to put another pipeline, and this is just kind
[24:15.080 --> 24:16.760]  of for information right now.
[24:16.760 --> 24:17.760]  Yeah.
[24:17.760 --> 24:24.280]  Well, as long as they sell it for the same purpose, then it effectively doesn't change
[24:24.280 --> 24:27.040]  your position.
[24:27.040 --> 24:31.240]  If this company can put in a pipeline, and they sell it to another company to put in
[24:31.240 --> 24:34.320]  a pipeline, it doesn't change your position at all.
[24:34.320 --> 24:39.160]  So I wouldn't think that would give you standing to make a claim.
[24:39.160 --> 24:40.160]  Okay.
[24:40.160 --> 24:41.160]  Okay.
[24:41.160 --> 24:42.160]  Well, thank you.
[24:42.160 --> 24:43.160]  Okay.
[24:43.160 --> 24:44.160]  You are welcome.
[24:44.160 --> 24:49.160]  Now we're going to go to Mike in Texas.
[24:49.160 --> 24:53.480]  Mike, what do you got for us tonight?
[24:53.480 --> 25:01.640]  Well, I got a question regarding salvage titles.
[25:01.640 --> 25:09.360]  I recently was in the accident in my car, I was seeing the other person's fault, and
[25:09.360 --> 25:17.280]  the insurance company is contemplating salvaging my vehicle, and I was wondering what legal
[25:17.280 --> 25:23.600]  recourse I have to prevent such actions, and in the event the vehicle was decommissioned
[25:23.600 --> 25:31.760]  salvaged, is there any, what can you do to restore the quality?
[25:31.760 --> 25:37.320]  You can almost always buy it back from the insurance company, buy it out of salvage.
[25:37.320 --> 25:38.320]  Okay.
[25:38.320 --> 25:44.760]  Because it's really not a salvage title until the insurance company files it as a salvage
[25:44.760 --> 25:49.960]  title, and the insurance company is just going to total it.
[25:49.960 --> 25:55.240]  So they're just going to say, it's total, that doesn't mean they apply a salvage title
[25:55.240 --> 25:56.240]  to it.
[25:56.240 --> 25:57.240]  Okay.
[25:57.240 --> 26:05.240]  They will say it's total, and replacement is X amount, this is what we'll give you.
[26:05.240 --> 26:09.760]  And then you can say, okay, you give me that amount, I'll give you this amount, I'll give
[26:09.760 --> 26:16.760]  you half that amount back by the carcass, and technically they shouldn't be able to
[26:16.760 --> 26:17.760]  take the car anyway.
[26:17.760 --> 26:21.080]  I don't understand, it's my property, I don't understand.
[26:21.080 --> 26:27.040]  Yeah, your insurance company was a bet, your insurance premium was a bet.
[26:27.040 --> 26:33.480]  Well, actually the moment you were paid off for the damaged car, it was no longer your
[26:33.480 --> 26:34.480]  property.
[26:34.480 --> 26:40.240]  The insurance company paid off on the car, if they paid off, which means they get to
[26:40.240 --> 26:44.840]  take the property in lieu of the payment, that's the agreement you signed.
[26:44.840 --> 26:50.320]  Okay, because normally insurance doesn't go to the property.
[26:50.320 --> 26:55.920]  Yeah, if they don't want it, normally they'll just give it to you if it's already total,
[26:55.920 --> 26:57.320]  but not always.
[26:57.320 --> 27:03.760]  But as long as they have paid you off for the damage to that property, they own it, unless
[27:03.760 --> 27:07.200]  the contract says otherwise.
[27:07.200 --> 27:14.760]  Mike, what most insurance companies do, and even if they're not telling you they're
[27:14.760 --> 27:21.720]  going to do it, the way it works is if they total the car, say you have a deductible,
[27:21.720 --> 27:30.800]  and they total the car, they'll give you two options, they'll cut you a check for the total
[27:30.800 --> 27:37.320]  amount of the car, the blue book value, minus the deductible, and then they get to keep
[27:37.320 --> 27:40.640]  the title, they get to take the title because they've paid you for the car.
[27:40.640 --> 27:47.760]  The other option is what they'll do is they'll take the blue book value, subtract the deductible,
[27:47.760 --> 27:54.680]  and then subtract the salvage value, and then give you the remainder, cut a check, and then
[27:54.680 --> 27:56.040]  you get to keep the car.
[27:56.040 --> 28:01.320]  So just tell them, if you want to keep the car, tell them you're not going to give them
[28:01.320 --> 28:06.960]  the title, and just subtract off the salvage value, and subtract off the deductible from
[28:06.960 --> 28:10.720]  the blue book value, and cut you a check.
[28:10.720 --> 28:14.200]  Okay, well, all right, does that make sense?
[28:14.200 --> 28:15.200]  It does.
[28:15.200 --> 28:19.040]  What happens at that point if they declare the salvage vehicle?
[28:19.040 --> 28:24.800]  Well what happens at that point is you get a check for the blue book amount minus the
[28:24.800 --> 28:28.960]  deductible, minus the salvage value, and you get to keep the car, and then you do whatever
[28:28.960 --> 28:29.960]  you want with it.
[28:29.960 --> 28:36.920]  Use the check to fix the car if you want, or sell the car and buy another car, or whatever
[28:36.920 --> 28:37.920]  Whatever.
[28:37.920 --> 28:43.160]  What legal repercussions, you know, are involved in having a vehicle that has a salvage title?
[28:43.160 --> 28:47.440]  It doesn't have a salvage title, that's what I'm telling you.
[28:47.440 --> 28:53.280]  After you fix it up, the things you have to do in Texas are this, when you are repairing
[28:53.280 --> 29:02.360]  a car that's been declared total by the insurance company, you have to take photographs of the
[29:02.360 --> 29:09.080]  car before you start repairing it, you identify the parts that you're replacing, you have
[29:09.080 --> 29:14.560]  to take pictures of the replacement parts, and then after the car is reassembled, you'll
[29:14.560 --> 29:16.880]  take pictures of it again.
[29:16.880 --> 29:22.760]  This is your documentation of how the car has been repaired for the salvage title.
[29:22.760 --> 29:28.160]  Then when you file for the title, it will be returned to you as a salvage title if you
[29:28.160 --> 29:30.760]  have properly documented the rebuild.
[29:30.760 --> 29:33.760]  We're very particular about that.
[29:33.760 --> 29:37.760]  Well, yeah, and I had this happen to me with my car, and it wasn't even as complicated
[29:37.760 --> 29:38.760]  as all that.
[29:38.760 --> 29:42.840]  I just told the insurance company I fixed the car with the money, and then they double
[29:42.840 --> 29:48.400]  checked with that with the auto body shop, and then they just didn't salvage the title,
[29:48.400 --> 29:49.400]  and it was over.
[29:49.400 --> 29:52.920]  Okay, I don't need to have the vehicle inspected afterwards.
[29:52.920 --> 29:53.920]  It depends.
[29:53.920 --> 30:00.080]  We'll be right back.
[30:00.080 --> 30:05.480]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[30:05.480 --> 30:07.720]  The government says that fire brought it down.
[30:07.720 --> 30:12.520]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.520 --> 30:15.320]  Over 6,000 of my fellow service members have given their lives.
[30:15.320 --> 30:17.960]  And thousands of my fellow first responders are dying.
[30:17.960 --> 30:19.440]  I'm not a conspiracy theorist.
[30:19.440 --> 30:20.440]  I'm a structural engineer.
[30:20.440 --> 30:21.760]  I'm a New York City correction officer.
[30:21.760 --> 30:22.760]  I'm an Air Force pilot.
[30:22.760 --> 30:24.400]  I'm a father who lost his son.
[30:24.400 --> 30:27.040]  We're Americans, and we deserve the truth.
[30:27.040 --> 30:32.520]  Go to RememberBuilding7.org today.
[30:32.520 --> 30:34.280]  Good news, patriots.
[30:34.280 --> 30:38.800]  Most Americans now favor protecting civil liberties and personal freedoms over the government's
[30:38.800 --> 30:39.800]  war on terrorism.
[30:39.800 --> 30:44.440]  I'm Dr. Catherine Albrecht, and I'll have more on this major change in public opinion
[30:44.440 --> 30:46.000]  in a moment.
[30:46.000 --> 30:47.600]  Privacy is under attack.
[30:47.600 --> 30:51.200]  When you give up data about yourself, you'll never get it back again.
[30:51.200 --> 30:56.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:56.000 --> 31:00.840]  But protect your rights, say no to surveillance, and keep your information to yourself.
[31:00.840 --> 31:03.760]  Privacy, it's worth hanging onto.
[31:03.760 --> 31:08.080]  This public service announcement is brought to you by StartPage.com, the private search
[31:08.080 --> 31:11.560]  engine alternative to Google, Yahoo, and Bing.
[31:11.560 --> 31:15.080]  Start over with StartPage.
[31:15.080 --> 31:19.400]  If you asked Americans after 9-11 whether they'd sacrificed their personal freedoms
[31:19.400 --> 31:22.280]  to fight terrorism, most would have said yes.
[31:22.280 --> 31:26.200]  But now, thank heaven, a lot of folks have come back to their senses.
[31:26.200 --> 31:31.040]  In poll after poll, a majority of Americans, 54%, say they're unwilling to watch their
[31:31.040 --> 31:35.480]  civil liberties go down the drain in a so-called war on terrorism.
[31:35.480 --> 31:39.480]  That same majority also says that protecting people's freedoms around the globe is the
[31:39.480 --> 31:43.520]  best way to stop terrorism, not trampling on civil liberties.
[31:43.520 --> 31:47.880]  It took two wars and a decade of torture, warrantless wiretapping, and other abuses,
[31:47.880 --> 31:50.360]  but we're finally starting to see the light.
[31:50.360 --> 31:55.160]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:20.360 --> 32:42.240]  All right folks, we are back at the rule of law radio, all in numbers, 512-646-1984.
[32:42.240 --> 32:48.760]  We've got about an hour and a half left in our show, so if you have any questions, queries,
[32:48.760 --> 32:50.800]  or ponders, give us a call.
[32:50.800 --> 32:54.040]  Right now, we are still talking with Mike in Texas.
[32:54.040 --> 32:57.120]  Okay, Debra, you had something you wanted to address on this?
[32:57.120 --> 33:02.480]  Well, yeah, I just didn't know what, I wanted to clarify from Mike what he was asking, what
[33:02.480 --> 33:09.440]  you meant by getting it inspected, because inspected by whom, an insurance agent to make
[33:09.440 --> 33:15.720]  sure that you actually fixed the car, or do you mean like vehicle inspection for registration
[33:15.720 --> 33:16.720]  and all that?
[33:16.720 --> 33:22.680]  Well, the vehicle is titled in Florida, they don't have any vehicle inspection, so that
[33:22.680 --> 33:28.840]  would, I don't know how that would affect things if tightly if DPS would have some inspection
[33:28.840 --> 33:34.680]  service that they would have to prove the vehicle safety worthy for out of public interest,
[33:34.680 --> 33:36.560]  out of public safety.
[33:36.560 --> 33:38.560]  What, after you get the car fixed?
[33:38.560 --> 33:39.560]  Yeah.
[33:39.560 --> 33:40.560]  I've never heard of anything like that.
[33:40.560 --> 33:45.680]  No, I was just asking because I don't know, because some of it just doesn't sound quite
[33:45.680 --> 33:52.920]  right to me, I mean, they say that if a vehicle is worth X, and that's their determination
[33:52.920 --> 33:58.560]  of X, not my determination of X, but they have a determination of X, and it's 70% of
[33:58.560 --> 34:04.360]  X, then they will repair it, and minus the deduct.
[34:04.360 --> 34:13.440]  But if the vehicle damages 70% of X plus one dollar, then that vehicle is now deemed to
[34:13.440 --> 34:18.880]  be salvaged, and now I have to pay them back the salvage value for the vehicle.
[34:18.880 --> 34:23.640]  I mean, it's still my vehicle, I don't understand how it can convert to them.
[34:23.640 --> 34:30.800]  Well, here's another option, just don't make a claim, and just pay and get it fixed yourself.
[34:30.800 --> 34:31.800]  Yeah.
[34:31.800 --> 34:36.480]  Okay, but if you're going to make a claim and deal with an insurance company and insurance
[34:36.480 --> 34:40.080]  to a contract with them like that, you've already agreed to those terms.
[34:40.080 --> 34:44.240]  I mean, like I said, just don't make a claim, just pay and get your car fixed and go on
[34:44.240 --> 34:45.240]  with your life.
[34:45.240 --> 34:51.680]  But if you want to make a claim like on collision or comprehensive or something, like if a tree
[34:51.680 --> 34:58.360]  fell on your car or you got an accident, it was your fault or you hit a tree or something
[34:58.360 --> 35:03.320]  like that, and you have to make... See, comprehensive is when an act of God, like a hail or the
[35:03.320 --> 35:07.200]  tree falls on your car, but if you wreck the car and it's your fault, that's collision.
[35:07.200 --> 35:14.400]  If you're going to make a claim to fix your car under collision or comprehensive, then
[35:14.400 --> 35:21.880]  you are agreeing that they're going to assess the amount of damage and compare that with
[35:21.880 --> 35:24.080]  what the car is worth.
[35:24.080 --> 35:33.920]  A lot of insurance companies, if they assess that it will cost at least 65% of the value
[35:33.920 --> 35:39.120]  of the car to fix it, they're going to total it, and so then what they will do at that
[35:39.120 --> 35:42.280]  point is they'll say you have two options.
[35:42.280 --> 35:47.200]  If you want to make this claim, you have two options.
[35:47.200 --> 35:54.320]  We'll pay you the blue book value of the car minus the deductible if you have one, and
[35:54.320 --> 35:55.320]  we keep the title.
[35:55.320 --> 35:57.040]  We're buying the car from you.
[35:57.040 --> 36:02.920]  Or your second option is we pay you the blue book value of the car minus the salvage value
[36:02.920 --> 36:09.960]  minus the deductible, and then you have a check, and then you fix the car or not.
[36:09.960 --> 36:13.600]  Generally what will happen with insurance companies is at that point in time is if you
[36:13.600 --> 36:18.160]  just decide to keep the money and do something else with it, they're not going to insure
[36:18.160 --> 36:22.920]  your car anymore, at least not for comprehensive or collision.
[36:22.920 --> 36:32.360]  They may give you liability if the car can be driven, quote unquote, on the road, can
[36:32.360 --> 36:39.560]  be used, but if you don't fix the damage after they give you the check, well then they're
[36:39.560 --> 36:42.680]  not going to insure you for collision or comprehensive again because of another tree
[36:42.680 --> 36:46.960]  falls on your car, it's going to do even more damage, and you didn't fix it the first time,
[36:46.960 --> 36:50.560]  and so you have that option at that point, well then what do you want to do, you want
[36:50.560 --> 36:51.560]  to fix the car or not?
[36:51.560 --> 36:52.560]  Cool.
[36:52.560 --> 36:57.160]  And if you fix the car, then like Eddie is saying, generally you'll take pictures before
[36:57.160 --> 37:02.080]  and after or maybe get some kind of document from the auto body shop or the mechanic saying
[37:02.080 --> 37:07.840]  yes it's fixed, now continue to give me my insurance, but some insurance companies they
[37:07.840 --> 37:11.640]  may not want to insure you anymore, just get another insurance company, but the bottom
[37:11.640 --> 37:20.160]  line is they have the authority to place these kinds of demands because you have a contract
[37:20.160 --> 37:24.200]  with them and you made a claim, and if you don't like it, then don't make a claim.
[37:24.200 --> 37:29.760]  Well no, there's a couple caveats to that, the other person is assumed to 100% responsibility,
[37:29.760 --> 37:36.600]  they've been ticketed and it's been deemed that it is 100% their fault, but if I did
[37:36.600 --> 37:45.920]  a third party claim with the other individuals insurance carrier, then I don't have a contract
[37:45.920 --> 37:49.000]  with them, so how am I obligated to do that?
[37:49.000 --> 37:54.640]  You're establishing a contract with them when you make a claim, and if you don't like the
[37:54.640 --> 37:58.640]  terms of their contract, then tell them never mind.
[37:58.640 --> 38:06.680]  Wait, you're not interning to any kind of contract with that third party, the third
[38:06.680 --> 38:13.280]  party has a duty, they either give you what you want or you sue them, you're not interning
[38:13.280 --> 38:16.160]  to contract with them.
[38:16.160 --> 38:20.480]  So this is different than your insurance company fixing it.
[38:20.480 --> 38:26.000]  Right, I don't want to go a third party, so then I can sue them for the total value of
[38:26.000 --> 38:28.080]  what they should ought to repair.
[38:28.080 --> 38:29.080]  Absolutely.
[38:29.080 --> 38:38.840]  Okay, so again, you're not already in a contract with them, but if you make a claim, then basically,
[38:38.840 --> 38:43.760]  let me back up, what I meant was they're trying to establish a contract with you, you're not
[38:43.760 --> 38:47.800]  entering into a contract with them when you make a claim, you're just making the claim
[38:47.800 --> 38:54.040]  and their response is their attempt to contract with you, and if you don't like the terms,
[38:54.040 --> 38:58.760]  then like Randy says, sue them or just don't deal with them.
[38:58.760 --> 39:03.880]  So basically, what I was saying is the same thing, I just meant that they try to establish
[39:03.880 --> 39:08.040]  a contract with you when you make the claim.
[39:08.040 --> 39:17.280]  But if a vehicle is operationally functional, functioning correctly, if some cosmetic damage
[39:17.280 --> 39:25.560]  has occurred and it's what someone else claims exceeds value of what they wish to cover,
[39:25.560 --> 39:31.640]  at the end of that, I can still make the vehicle world-worthy, but then I won't be able to
[39:31.640 --> 39:36.080]  have collision on it ever again with any other insurance carrier?
[39:36.080 --> 39:38.080]  Well, no, no, no, that's not what I said.
[39:38.080 --> 39:39.080]  Oh, okay.
[39:39.080 --> 39:40.080]  No, no.
[39:40.080 --> 39:49.680]  What I mean by that was if you make a claim with your insurance company for like collision
[39:49.680 --> 39:59.760]  because you wreck the car, say the car is not drivable, quote, unquote, and I don't mean
[39:59.760 --> 40:04.800]  that, you know, don't want to get into a commercial thing, but just say you can't, you cannot
[40:04.800 --> 40:07.800]  function, the car is not functionable, all right?
[40:07.800 --> 40:15.080]  And there's also a body damage, and they total the car, but you want to keep it, so they
[40:15.080 --> 40:19.960]  pay you the blue book minus the deductible minus the salvage value.
[40:19.960 --> 40:26.760]  And then you have a check that is enough to fix the whole car, the body damage, the mechanical
[40:26.760 --> 40:32.200]  damage, everything, but say you decide you want to keep some of the money and all you
[40:32.200 --> 40:36.280]  fix is the mechanical damage, but you don't fix the body damage.
[40:36.280 --> 40:42.840]  They're not going to give you collision anymore because you didn't fix the car 100%, all right?
[40:42.840 --> 40:46.440]  There's still body damage even though the car is functional, and so they're not going
[40:46.440 --> 40:53.520]  to continue to insure you for collision or comprehensive because the body is damaged.
[40:53.520 --> 40:58.960]  But if you fix the body damage, excuse me, if you fix the body damage too, then they
[40:58.960 --> 41:03.120]  will continue to give you collision and comprehensive.
[41:03.120 --> 41:12.320]  My problem is that it's large, they won't provide enough money to solve the cosmetic
[41:12.320 --> 41:13.320]  damage.
[41:13.320 --> 41:16.560]  So this is, you're talking about a third party insurance company that you're dealing
[41:16.560 --> 41:17.560]  with right now, right?
[41:17.560 --> 41:24.240]  The other party's insurance company, so I would be going against them.
[41:24.240 --> 41:25.240]  Okay.
[41:25.240 --> 41:26.240]  Then you need to sue them.
[41:26.240 --> 41:27.240]  Yeah, they're totally liable.
[41:27.240 --> 41:28.240]  Yeah.
[41:28.240 --> 41:29.240]  You need to sue them.
[41:29.240 --> 41:33.440]  But what are they liable completely to, just the blue book value or to provide?
[41:33.440 --> 41:40.480]  No, they're liable to the limits of the insurance that this other person had, and beyond those
[41:40.480 --> 41:45.720]  limits, the other person, the other person is the one that's liable.
[41:45.720 --> 41:46.720]  Okay.
[41:46.720 --> 41:51.120]  And the insurance company indemnifies the other person.
[41:51.120 --> 41:55.200]  So you technically don't care what their insurance limits are.
[41:55.200 --> 42:01.680]  You only care about the harm you suffered, and you will sue the person who caused the
[42:01.680 --> 42:07.120]  injury, and if he has a problem with his insurance company, that's his business.
[42:07.120 --> 42:08.120]  Yes.
[42:08.120 --> 42:10.480]  In a situation like that, this is a tort.
[42:10.480 --> 42:15.760]  This isn't an insurance claim on your personal insurance where they get to subtract the salvage
[42:15.760 --> 42:20.200]  value and all this stuff and give you a check, and you just have to take whatever you get.
[42:20.200 --> 42:28.480]  If it's a third party claim, so to speak, that other party that wrecked your car is obligated
[42:28.480 --> 42:30.080]  to make you whole.
[42:30.080 --> 42:31.080]  That's a tort.
[42:31.080 --> 42:37.040]  They have to restore you in full, and that includes rent a car while you're having your
[42:37.040 --> 42:38.040]  car fixed.
[42:38.040 --> 42:40.280]  They have to fix your car completely.
[42:40.280 --> 42:46.120]  If you lost time from work or medical or anything like that, they are obligated.
[42:46.120 --> 42:48.600]  They are liable to make you whole again.
[42:48.600 --> 42:55.760]  Well, my question is, if they claim the blue book value is X, and the actual repair would
[42:55.760 --> 43:01.480]  be say 1.2X or 1.5X, that does not make any difference.
[43:01.480 --> 43:04.400]  They have to repair your car.
[43:04.400 --> 43:06.640]  There's two ways you can handle this.
[43:06.640 --> 43:10.920]  You can file your claim directly with their insurance company having in your hand written
[43:10.920 --> 43:12.680]  estimates of the repair.
[43:12.680 --> 43:15.160]  They have to pay wherever you take it.
[43:15.160 --> 43:20.480]  The other option is, file the claim through your own insurance company, and tell them
[43:20.480 --> 43:24.640]  if they wish to raise your rates, you're not going to accept that.
[43:24.640 --> 43:28.640]  If they want to recover their money, they need to go after the other person's insurance
[43:28.640 --> 43:29.640]  company.
[43:29.640 --> 43:34.000]  The type of claim, they have to cover the repair cost of the car.
[43:34.000 --> 43:36.240]  It doesn't matter what the blue book value is, Mike.
[43:36.240 --> 43:37.240]  It's a tort.
[43:37.240 --> 43:38.240]  They damaged your car.
[43:38.240 --> 43:39.240]  They have to fix it.
[43:39.240 --> 43:41.160]  I mean, that other party damaged your car.
[43:41.160 --> 43:42.160]  They have to fix it.
[43:42.160 --> 43:46.400]  They have to play those blue book games with you because you don't have a policy with them.
[43:46.400 --> 43:50.680]  If you don't like the terms that they're giving you, then you have to sue them.
[43:50.680 --> 43:51.680]  Okay, okay.
[43:51.680 --> 43:53.240]  Okay, they have to fix your car.
[43:53.240 --> 43:55.040]  It doesn't matter if it's only worth a dollar.
[43:55.040 --> 43:56.040]  Okay.
[43:56.040 --> 43:57.040]  All right, we'll be right back.
[43:57.040 --> 43:58.040]  Thank you.
[43:58.040 --> 44:03.880]  Are you the plaintiff or defendant in a lawsuit?
[44:03.880 --> 44:07.120]  Win your case without an attorney with jurisdictionary.
[44:07.120 --> 44:13.640]  The affordable, easy-to-understand four-CD course that will show you how in 24 hours,
[44:13.640 --> 44:14.640]  step-by-step.
[44:14.640 --> 44:18.480]  If you have a lawyer, know what your lawyer should be doing.
[44:18.480 --> 44:22.480]  If you don't have a lawyer, know what you should do for yourself.
[44:22.480 --> 44:28.360]  Thousands have won with our step-by-step course, and now you can too.
[44:28.360 --> 44:34.280]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[44:34.280 --> 44:38.880]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[44:38.880 --> 44:43.120]  principles and practices that control our American courts.
[44:43.120 --> 44:49.160]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[44:49.160 --> 44:51.320]  prosa tactics, and much more.
[44:51.320 --> 44:55.840]  Please visit ruleoflawradio.com and click on the banner.
[44:55.840 --> 45:01.480]  Or call toll-free 866-Law-E-Z.
[45:01.480 --> 45:06.080]  The Oklahoma City Bombing, top 10 reasons to question the official story, reason number
[45:06.080 --> 45:09.680]  one, John Doe number two, and other accomplices.
[45:09.680 --> 45:13.100]  On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the
[45:13.100 --> 45:17.400]  Rider Truck report that he was accompanied by other perpetrators.
[45:17.400 --> 45:22.160]  The FBI and federal prosecutors insist that Tim McVeigh alone delivered the Rider Truck
[45:22.160 --> 45:25.000]  Bomb to the Murr Building and detonated it.
[45:25.000 --> 45:29.040]  The only witness the government produced to place McVeigh at the building that morning,
[45:29.040 --> 45:33.520]  Dana Bradley, who lost her children and one of her legs in the bombing, testified that
[45:33.520 --> 45:39.400]  she saw McVeigh with another man, the faithful John Doe number two, exiting the Rider Truck.
[45:39.400 --> 45:43.040]  While at least 15 other witnesses claim to have seen McVeigh with other perpetrators
[45:43.040 --> 45:49.640]  the day of the bombing, no less than 226 witnesses placed him with other men in the days before
[45:49.640 --> 45:54.920]  the bombing, including when he rented the Rider Truck, and in some cases have positively
[45:54.920 --> 45:56.480]  identified the other perpetrators.
[45:56.480 --> 46:22.480]  For more information, please visit okcbombingtruth.com.
[46:22.480 --> 46:34.520]  We are back, this is the rule of law, rule of lawradio.com, okay so Mike, this is not,
[46:34.520 --> 46:41.840]  you don't have interest with these people, the party, the person who damaged your car
[46:41.840 --> 46:48.200]  is liable to fix your car and restore it, it doesn't matter if the car is worth a dollar
[46:48.200 --> 46:51.600]  and it costs $10,000 to fix the car, okay?
[46:51.600 --> 46:57.120]  That was your car, they are obligated and liable to make you whole again.
[46:57.120 --> 47:00.880]  This is a tort, it doesn't matter how much it's worth, it doesn't matter what the
[47:00.880 --> 47:05.360]  Blue Book value is, their insurance company is trying to play these Blue Book value games
[47:05.360 --> 47:09.840]  with you as if you were making, as if you had a policy with them and you were making
[47:09.840 --> 47:16.520]  a collision or a comprehensive claim, comprehension claim on your car, that's not what's going
[47:16.520 --> 47:18.400]  on here, they have to make you whole.
[47:18.400 --> 47:23.240]  So you just, you can maybe try to tell that other insurance company, look it doesn't matter
[47:23.240 --> 47:27.200]  what the Blue Book value is, I know what's going on here, I don't have a contract with
[47:27.200 --> 47:35.320]  you guys, I don't have a policy with you guys, you're insured, damaged my car, that person's
[47:35.320 --> 47:38.960]  liable to make me whole, you pay to fix my car, it doesn't matter what the Blue Book value
[47:38.960 --> 47:44.280]  is and maybe if you just stand your ground and let them know that you know what's going
[47:44.280 --> 47:49.680]  on, they might back down and just go ahead and fix the car, if they don't then you're
[47:49.680 --> 47:54.240]  going to have to sue them and let them know that you're going to sue them or you can like
[47:54.240 --> 47:59.520]  Randy was saying make a claim on your own insurance company and then the insurance companies
[47:59.520 --> 48:06.320]  can find it out, but that could affect your rates, so does that make sense Mike?
[48:06.320 --> 48:14.200]  What's up, I'm sorry, hello, hello, hello, yeah I'm still here, hello, you didn't hear
[48:14.200 --> 48:15.200]  anything I just said?
[48:15.200 --> 48:21.560]  No I missed a second of that, what did that, I heard almost all of it.
[48:21.560 --> 48:27.760]  Okay, I just said about the insurance companies, you could file a claim with your own insurance
[48:27.760 --> 48:28.760]  company.
[48:28.760 --> 48:35.080]  Yep, what do I do in the interim about transportation?
[48:35.080 --> 48:45.520]  Ask the insurance company to provide you with a rent a car, if they don't then you might
[48:45.520 --> 48:51.000]  look at petitioning the court for a, I don't know, this is a...
[48:51.000 --> 48:57.400]  See in a situation like that, if the other insides insurance company is dragging their
[48:57.400 --> 49:04.560]  feet and doesn't want to fix the car and you can't wait to battle it out in court, that's
[49:04.560 --> 49:08.440]  why generally in situations like this people will just go ahead and make a collision claim
[49:08.440 --> 49:15.320]  or an uninsured motor, not an uninsured motorist, but a collision claim on their own insurance
[49:15.320 --> 49:20.360]  company so that the insurance company, your insurance company would pay to rent a car
[49:20.360 --> 49:24.800]  for you while you get it fixed and then your insurance company would get it fixed and then
[49:24.800 --> 49:29.680]  your insurance company would have to sue them, but then you could have issues with your insurance
[49:29.680 --> 49:36.080]  company regarding them totaling your car and having to deal with the salvage value and
[49:36.080 --> 49:41.000]  all of that, then you would have to deal with those issues because you'd be filing a claim
[49:41.000 --> 49:42.400]  with your own company.
[49:42.400 --> 49:43.400]  Okay.
[49:43.400 --> 49:48.360]  Okay, so that's about the best we can explain it here.
[49:48.360 --> 49:49.360]  No, that's okay.
[49:49.360 --> 49:56.040]  Am I allowed to break it up where I can just file a claim for rent a car until the other
[49:56.040 --> 49:58.800]  insurance party makes a decision?
[49:58.800 --> 50:04.360]  No, because the way it works with insurance policies, with collision policies, they will
[50:04.360 --> 50:12.840]  not pay to rent your car, a car for you until the day you drop it off at the mechanic or
[50:12.840 --> 50:14.920]  the body shop to get it fixed.
[50:14.920 --> 50:15.920]  Okay.
[50:15.920 --> 50:19.080]  Okay, if you're going to make a collision claim or a comprehensive claim, that's the
[50:19.080 --> 50:20.480]  terms of that policy.
[50:20.480 --> 50:27.040]  Okay, we're right now at the impound yard accruing daily charges.
[50:27.040 --> 50:29.720]  Why is it in the impound yard?
[50:29.720 --> 50:31.800]  That's where the tow truck took it.
[50:31.800 --> 50:36.840]  Why didn't the tow truck take it to your house?
[50:36.840 --> 50:43.080]  Because it was on private property, but Austin Police Department came in and they called
[50:43.080 --> 50:47.600]  a tow truck company in, they called their own, they didn't give me the terms and conditions,
[50:47.600 --> 50:52.760]  and when they came in, they enforced through threat of force that they must impound the
[50:52.760 --> 50:56.360]  car and that there is a contract.
[50:56.360 --> 51:01.120]  But they didn't impound the car, if they impounded the car, it would be locked up, not just at
[51:01.120 --> 51:02.120]  a tow yard.
[51:02.120 --> 51:06.080]  Well, it's locked up in a tow yard where I can't get access to it.
[51:06.080 --> 51:09.640]  Okay, they impounded the car on what grounds?
[51:09.640 --> 51:13.440]  They didn't use any grounds, they just asked, they asked me if I would want to use your
[51:13.440 --> 51:16.920]  tow company because I didn't know a tow company number off hand.
[51:16.920 --> 51:19.880]  Okay, well then that's not an impound.
[51:19.880 --> 51:25.080]  If they asked you if you wanted to use your own tow company rather than theirs, that's
[51:25.080 --> 51:26.080]  not an impound.
[51:26.080 --> 51:30.920]  Well, they wouldn't take it to any place else but that tow company tow yard impound.
[51:30.920 --> 51:31.920]  Ah, that's baloney.
[51:31.920 --> 51:37.040]  If that tow company took it somewhere other than where you directed, they stole the car.
[51:37.040 --> 51:38.040]  That's what I directed them to.
[51:38.040 --> 51:42.920]  I told them, take it to a collision shop, take it to the dealer, and they wouldn't do
[51:42.920 --> 51:47.280]  it, and the police said, nope, we must take it to the impound yard, and it's a $20 charge
[51:47.280 --> 51:50.280]  every day.
[51:50.280 --> 51:59.440]  So this is a tow company, this has been done before, this is a scam that they all do and
[51:59.440 --> 52:04.480]  every once in a while they get sued and they don't care because all the people they screw
[52:04.480 --> 52:06.760]  around to make a lot of money.
[52:06.760 --> 52:11.360]  Okay, wait a minute, there's a missing link here in the story.
[52:11.360 --> 52:16.720]  The car gets wrecked by somebody else and then it's sitting on private property and
[52:16.720 --> 52:21.440]  then the property owner of that private property wants it towed, is that what happens?
[52:21.440 --> 52:22.440]  No.
[52:22.440 --> 52:26.440]  Okay, what happens?
[52:26.440 --> 52:33.280]  The collision was caused by this driver, both of us moved into the private lot.
[52:33.280 --> 52:43.040]  The police were called because the driver had a foreign entity in his insurance carriers
[52:43.040 --> 52:52.600]  in Canada, in Quebec, and he was actually not his car, it was an auto, either a detailed
[52:52.600 --> 53:02.240]  shop or it was a repair shop or it was an auto dealer that he was test driving a car.
[53:02.240 --> 53:08.760]  And both of our cars were on private property, APD was called in, they asked, you know, who
[53:08.760 --> 53:09.760]  do you want to use?
[53:09.760 --> 53:13.200]  They said, I don't know, they said, can we use ours?
[53:13.200 --> 53:16.840]  I said, okay, and they didn't give me terms and conditions.
[53:16.840 --> 53:18.960]  Wait, wait, wait, who said can we use ours?
[53:18.960 --> 53:19.960]  The police?
[53:19.960 --> 53:20.960]  The police.
[53:20.960 --> 53:23.400]  The police said can we use our tow truck company?
[53:23.400 --> 53:24.400]  Yeah.
[53:24.400 --> 53:28.880]  And then their tow truck company came out that the police called and then they took your
[53:28.880 --> 53:29.880]  car?
[53:29.880 --> 53:36.320]  And without, you know, we started to balk about it and the officer got, you know...
[53:36.320 --> 53:39.120]  Oh, I would say, we need to sue the city of Boston.
[53:39.120 --> 53:41.200]  They must, you know, tow your car.
[53:41.200 --> 53:43.000]  You don't have any option at this point.
[53:43.000 --> 53:47.520]  You need to sue the city of Austin and the tow truck company, okay, because they were,
[53:47.520 --> 53:48.520]  the police...
[53:48.520 --> 53:49.520]  And the top...
[53:49.520 --> 53:54.480]  Yes, and the police officer personally for collaborating to take your car, okay.
[53:54.480 --> 53:55.480]  That's ridiculous.
[53:55.480 --> 53:59.680]  It's not even like you left the car there overnight or for two or three days and the
[53:59.680 --> 54:02.360]  property owner complained and wanted it towed.
[54:02.360 --> 54:06.440]  This was at the scene of the accident and the police called the tow truck company and
[54:06.440 --> 54:07.440]  then they take your car.
[54:07.440 --> 54:12.120]  No, you need to sue the city of Austin and the police officers personally and the tow
[54:12.120 --> 54:13.560]  truck company.
[54:13.560 --> 54:14.560]  This is ridiculous.
[54:14.560 --> 54:21.080]  Yeah, you know, I just wanted to go to a tow yard and have it be taken to second place.
[54:21.080 --> 54:23.920]  I just wanted to take it to a collision shop.
[54:23.920 --> 54:24.920]  Okay.
[54:24.920 --> 54:29.720]  Well, I know, I realized that and they didn't do that and so now you need to sue them.
[54:29.720 --> 54:32.520]  But meanwhile, it's a crewing $20 a day.
[54:32.520 --> 54:40.640]  So I would suggest, Mike, that you go ahead and pay the tow yard to get your car out so
[54:40.640 --> 54:45.200]  that it doesn't keep racking up and racking up and racking up because if it does, if it
[54:45.200 --> 54:50.440]  gets too big and you don't get the car, eventually they'll try to put a bogus mechanics lien
[54:50.440 --> 54:58.080]  on the title like what happened with the other gentlemen up in Illinois that we had on the
[54:58.080 --> 54:59.520]  show a while back.
[54:59.520 --> 55:04.200]  So go ahead and get it back and keep a track, keep record of your expenditures, a bill of
[55:04.200 --> 55:11.760]  costs and then sue the living, daylights out of the city of Austin and the police officer
[55:11.760 --> 55:17.960]  and the tow truck company for taking your car and add on to the suit, the costs that
[55:17.960 --> 55:18.960]  you had to pay.
[55:18.960 --> 55:21.080]  That's the best solution, really.
[55:21.080 --> 55:26.400]  Well, actually, there is an alternative to that as far as the tow yard is concerned.
[55:26.400 --> 55:30.720]  What you can do with the tow yard is since they took your car without your consent to
[55:30.720 --> 55:37.200]  their tow yard rather than where you directed them, as Randy noted, that is theft.
[55:37.200 --> 55:47.920]  What you do now is send a bill for the use of your car and set it for $5,000 a day.
[55:47.920 --> 55:48.920]  And this has worked.
[55:48.920 --> 55:50.840]  I've seen it work.
[55:50.840 --> 55:57.280]  You send them a bill telling them, giving them 10 days to pay it.
[55:57.280 --> 56:03.560]  Then you send them at the end of that 10 days a second notice the bill is passed due.
[56:03.560 --> 56:10.560]  On day 15, when that bill has not been paid, you file suit against them for the accumulated
[56:10.560 --> 56:15.560]  amount of the bill as long as it does not exceed the total amount you can file for in
[56:15.560 --> 56:17.800]  small claims.
[56:17.800 --> 56:23.080]  You will do this every time you accumulate the maximum amount of money that you can sue
[56:23.080 --> 56:26.320]  for in small claims.
[56:26.320 --> 56:28.160]  You will get a judgment.
[56:28.160 --> 56:31.880]  Within a couple of judgments, you'll have enough money not only to buy a new car, but
[56:31.880 --> 56:34.600]  probably to buy that blame tow yard.
[56:34.600 --> 56:41.000]  But you can take that unpaid bill and the notice of bills, two small claims, sue them
[56:41.000 --> 56:44.080]  in court before the small claims judge.
[56:44.080 --> 56:48.960]  When you get a judgment against them, you can have the small claims court put a mechanics
[56:48.960 --> 56:52.120]  lien against the tow yard.
[56:52.120 --> 56:57.680]  They can't do any business with that tow yard as long as there's an outstanding bill to
[56:57.680 --> 57:01.480]  you with that mechanics lien.
[57:01.480 --> 57:06.720]  Just make sure that you have enough money to pay to get it out of the yard before you
[57:06.720 --> 57:10.760]  embark on that endeavor because like Eddie says, he's seen it work, but I've seen people
[57:10.760 --> 57:17.560]  try that before and it not work and so meanwhile you're burning up time and the daily charge
[57:17.560 --> 57:22.480]  is accruing and then if it doesn't work, then you can't pay to get your car out.
[57:22.480 --> 57:26.760]  Make sure that you have a backup plan if you're going to do that, but Eddie's right
[57:26.760 --> 57:29.560]  that I have seen people do that too.
[57:29.560 --> 57:36.800]  You can just take it as, okay, I will invest $20 a day to get $500 or $5,000 a day and
[57:36.800 --> 57:41.080]  these people will actually attempt to ignore the bill you submit.
[57:41.080 --> 57:46.360]  But the fact is, if you have evidence that they took your car, you have the other individual
[57:46.360 --> 57:51.520]  there as a witness because they took their car too, correct?
[57:51.520 --> 57:56.920]  Actually, the other individual was objecting and the officer then flexed his muscles and
[57:56.920 --> 58:02.680]  said, you will not interfere in this process at all in order to claim.
[58:02.680 --> 58:07.560]  This interfered with the officer's process a little bit, namely the payments on his house.
[58:07.560 --> 58:11.280]  Well, thank you guys for- Okay, Mike.
[58:11.280 --> 58:15.360]  All right, folks, we are going to go to break.
[58:15.360 --> 58:17.800]  This is Rule of Law Radio.
[58:17.800 --> 58:21.800]  Call in number is 512-646-1984.
[58:21.800 --> 58:24.040]  We have an hour left in the show.
[58:24.040 --> 58:28.480]  Darin, Asa, Jeff, and we have an on-screen call.
[58:28.480 --> 58:32.080]  We see you there on the board, so please hang on and we'll be right back on the other side
[58:32.080 --> 58:33.080]  of the break.
[58:33.080 --> 58:36.680]  This is Deborah Stevens, Randy Kelton, Rule of Law Radio.
[58:36.680 --> 59:00.240]  We will be right back.
[59:00.240 --> 59:05.640]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[59:05.640 --> 59:08.440]  because they struggle to understand it.
[59:08.440 --> 59:13.840]  Some new translations try to help by simplifying the text, but in the process can compromise
[59:13.840 --> 59:17.080]  the profound meaning of the Scripture.
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[59:18.880 --> 59:24.800]  First, this new translation is extremely faithful and accurate, but the real story is the more
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[59:33.680 --> 59:38.200]  the riches of the Word beyond which you've ever experienced before.
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[59:43.360 --> 59:53.800]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102
[59:53.800 --> 59:57.880]  or by ordering online at freestudybible.com.
[59:57.880 --> 01:00:10.600]  At least 12 people were reported killed Thursday when Sudanese aircraft hit a southern border
[01:00:10.600 --> 01:00:15.240]  town where refugees fleeing earlier fighting had sought shelter.
[01:00:15.240 --> 01:00:20.520]  In separate clashes, Sudanese ground forces attacked southern Allied rebels in another
[01:00:20.520 --> 01:00:25.120]  oil-rich border area, killing 18 and wounding 73.
[01:00:25.120 --> 01:00:30.600]  The north aggression is stoking fears of a return to war with the newly created South
[01:00:30.600 --> 01:00:31.600]  Sudan.
[01:00:31.600 --> 01:00:38.000]  In Yemen, at least 11 people, including two children, were killed Friday in heavy fighting
[01:00:38.000 --> 01:00:39.400]  in Taiz.
[01:00:39.400 --> 01:00:45.160]  One day after a UN envoy began a new mission to push President Ali Abdullah Saleh to resign
[01:00:45.160 --> 01:00:47.240]  under a Gulf States peace plan.
[01:00:47.240 --> 01:00:51.240]  Clashes broke out between Saleh's Republican guards and tribesmen defending opposition
[01:00:51.240 --> 01:00:52.240]  protesters.
[01:00:52.240 --> 01:00:56.800]  Abdul Rahim al-Sami, an opposition government activist, said quote, what's happening in
[01:00:56.800 --> 01:01:01.280]  Taiz is a war against civilians.
[01:01:01.280 --> 01:01:07.120]  Activists with the nationwide movement Occupy Homes are camping on the front lawn of home
[01:01:07.120 --> 01:01:11.840]  owner Monique White in Minneapolis as she faces eviction.
[01:01:11.840 --> 01:01:17.160]  White was on the verge of homelessness after U.S. bank moved to foreclose and occupiers
[01:01:17.160 --> 01:01:18.480]  moved in.
[01:01:18.480 --> 01:01:23.200]  White never received a foreclosure notice, but instead heard she'd lose her home from
[01:01:23.200 --> 01:01:28.480]  the gas company U.S. bank is seeking to negotiate.
[01:01:28.480 --> 01:01:33.720]  Penn State fired its iconic football coach Joe Praterno Wednesday in a child sex abuse
[01:01:33.720 --> 01:01:37.760]  scandal triggering riots by outraged Penn State students.
[01:01:37.760 --> 01:01:42.560]  The school's board of trustees dismissed Praterno, the nation's winningest and longest tenured
[01:01:42.560 --> 01:01:47.080]  college football coach, and also dumped Graham Spaniard, the school's president.
[01:01:47.080 --> 01:01:52.400]  The actions followed last weekend's indictment of assistant coach Jerry Sandusky on charges
[01:01:52.400 --> 01:01:55.960]  of child sex abuse over a 15-year period.
[01:01:55.960 --> 01:02:01.880]  Sandusky has been charged with 40 sex crimes against boys dating back to 1994.
[01:02:01.880 --> 01:02:06.160]  All the minors were under the care of Sandusky's charity for impoverished youth, the Second
[01:02:06.160 --> 01:02:07.160]  Mile Foundation.
[01:02:07.160 --> 01:02:12.560]  In 2001, Sandusky was caught raping a 10-year-old in the football team's shower when informed
[01:02:12.560 --> 01:02:16.280]  of the abuse Praterno chose not to inform the police.
[01:02:16.280 --> 01:02:21.760]  In 2009, Sandusky was on campus running a sleepaway camp for boys as young as nine years
[01:02:21.760 --> 01:02:22.760]  old.
[01:02:22.760 --> 01:02:28.680]  A Human Rights Watch report Friday accused the Syrian government of Bashar al-Assad of
[01:02:28.680 --> 01:02:33.480]  committing crimes against humanity following reports of dozens of deaths at the hands of
[01:02:33.480 --> 01:02:36.720]  the country's security forces in the past two days.
[01:02:36.720 --> 01:02:41.480]  The rights group urged the Arab League to suspend Syria's membership and called on them
[01:02:41.480 --> 01:02:47.920]  to ask the UN Security Council to impose an arms embargo and sanctions against those responsible.
[01:02:47.920 --> 01:02:52.440]  It also called for the League to refer Syria to the International Criminal Court for reported
[01:02:52.440 --> 01:02:58.240]  torture, including security forces use of heated metal rods, electric shocks and stress
[01:02:58.240 --> 01:03:12.920]  positions.
[01:03:12.920 --> 01:03:39.640]  The
[01:03:39.640 --> 01:03:47.480]  Alright folks, we are back, this is Rudolf Long Radio, this is Eddie Press, the radio
[01:03:47.480 --> 01:03:48.480]  helps you every evening.
[01:03:48.480 --> 01:03:55.840]  The calling number is 53661984, we have about an hour left of the show, so if you have any
[01:03:55.840 --> 01:04:00.080]  questions, queries or ponders, now's the time to get in line, please do not wait till
[01:04:00.080 --> 01:04:02.360]  the last minute to try to get on.
[01:04:02.360 --> 01:04:05.880]  We try to avoid these overtime runs if we can help it.
[01:04:05.880 --> 01:04:12.040]  Alright, right now we are going to go to Darren in California, evening Darren, what can we
[01:04:12.040 --> 01:04:13.040]  do for you?
[01:04:13.040 --> 01:04:15.040]  Hey guys, how are you doing?
[01:04:15.040 --> 01:04:16.600]  Alright, how are you?
[01:04:16.600 --> 01:04:22.600]  I'm good, I got a mortgage issue, is it okay if I use bank names or do I have to keep the
[01:04:22.600 --> 01:04:23.600] ...
[01:04:23.600 --> 01:04:26.280]  Absolutely, call a crook a crook on this show will you?
[01:04:26.280 --> 01:04:33.680]  Okay, well my situation is I am with Wells Fargo and I did the modification dance with
[01:04:33.680 --> 01:04:38.640]  them for about a year and a half and then we did the short sale dance for about another
[01:04:38.640 --> 01:04:48.360]  year and then a gentleman came in representing himself as a private bank who had banking
[01:04:48.360 --> 01:04:54.800]  authority through the Treasury Secretary and wrote us a new note and a new deed of trust
[01:04:54.800 --> 01:05:00.440]  and recorded it and everything and we started making him payments but Wells Fargo did not
[01:05:00.440 --> 01:05:08.320]  recognize that and they went ahead with their foreclosure anyway.
[01:05:08.320 --> 01:05:19.760]  After they foreclosed, they did a substitution of trustee to HSBC, so that foreclosure happened
[01:05:19.760 --> 01:05:24.000]  back in May and then obviously they started the UD proceedings and we went through that
[01:05:24.000 --> 01:05:29.440]  and just recently lost that and they gave possession of the property back to the bank
[01:05:29.440 --> 01:05:35.920]  and now we're supposed to move out on the 20th, we've negotiated a cash fatigue deal
[01:05:35.920 --> 01:05:42.920]  where they've given us to the 20th but this gentleman who came in, this private bank that
[01:05:42.920 --> 01:05:48.520]  refied it, he got arrested for mortgage fraud and spent some time in jail but they since
[01:05:48.520 --> 01:05:55.640]  released him and he's filed a bankruptcy with about $50 million worth of property that he
[01:05:55.640 --> 01:06:03.680]  did this on and he still claims that he's right and we brought this to the UD judge's
[01:06:03.680 --> 01:06:08.800]  attention that my property was listed as an accounts receivable or an asset in this guy's
[01:06:08.800 --> 01:06:16.440]  bankruptcy and the judge has basically laughed at it, he said well that doesn't make any
[01:06:16.440 --> 01:06:19.640]  difference, that's not going to help you.
[01:06:19.640 --> 01:06:26.360]  We also have a civil suit going against not only this gentleman but Wells Fargo as well
[01:06:26.360 --> 01:06:30.120]  and you know alleging all of them.
[01:06:30.120 --> 01:06:34.040]  What is the nature of your civil claim?
[01:06:34.040 --> 01:06:41.800]  Well the nature of the civil claim is, I mean there's breach of contract, there's fraud
[01:06:41.800 --> 01:06:42.960]  involved with them.
[01:06:42.960 --> 01:06:47.840]  Okay wait, how did you establish breach of contract?
[01:06:47.840 --> 01:06:56.920]  Well we had no contract with HSBC and they did a substitution of trustee after the fact,
[01:06:56.920 --> 01:06:58.920]  after the foreclosure sale.
[01:06:58.920 --> 01:07:05.600]  Okay so you maintained that, wait, you can't claim breach of contract and at the same time
[01:07:05.600 --> 01:07:08.160]  say you have no contract?
[01:07:08.160 --> 01:07:10.280]  Right, right.
[01:07:10.280 --> 01:07:11.280]  Well I mean it's...
[01:07:11.280 --> 01:07:13.480]  Okay, what other claims did you have?
[01:07:13.480 --> 01:07:18.480]  Well then we obviously have a claim against this gentleman as well.
[01:07:18.480 --> 01:07:24.280]  He won't help you on the foreclosure but what other claims did you have against Wells Fargo?
[01:07:24.280 --> 01:07:30.920]  Well we have claims of the securitization and everything else that they've already been
[01:07:30.920 --> 01:07:37.320]  satisfied, that they were satisfied when they sold the note to the remix and it was broken
[01:07:37.320 --> 01:07:40.160]  up into tranches and traded on Wall Street basically.
[01:07:40.160 --> 01:07:49.760]  Okay did you challenge standing or hold the standing of Wells Fargo to make a claim against
[01:07:49.760 --> 01:07:50.760]  the property?
[01:07:50.760 --> 01:07:57.440]  Well we're trying to do that but the judge wants to release Wells Fargo from it and
[01:07:57.440 --> 01:08:03.400]  us just go after this gentleman and we're saying, well wait a second, we can't do that,
[01:08:03.400 --> 01:08:09.000]  we're not going to release Wells Fargo from it and then the judges out here are very corrupt.
[01:08:09.000 --> 01:08:13.440]  I mean they're just slamming the door on people right and left.
[01:08:13.440 --> 01:08:15.960]  Are you in a state court or federal court?
[01:08:15.960 --> 01:08:19.040]  Well our civil court, our civil case is in a state court.
[01:08:19.040 --> 01:08:24.280]  Now I also have a bankruptcy going, I'm trying to get it into federal court and do an adversarial
[01:08:24.280 --> 01:08:25.280]  proceeding.
[01:08:25.280 --> 01:08:28.800]  That won't help you but that'll get you about 30 days.
[01:08:28.800 --> 01:08:34.520]  If you do a bankruptcy best you do a Chapter 7 and claim the property is unsecured property.
[01:08:34.520 --> 01:08:40.320]  That's what I've read, I've read Vince Kahn's book and that's what he does in his book.
[01:08:40.320 --> 01:08:47.840]  But that's not the best way to go for that, what we're doing now is we file a federal
[01:08:47.840 --> 01:08:55.960]  suit against the individual or the entity who's doing the foreclosure.
[01:08:55.960 --> 01:09:04.480]  It'll be a law firm and you maintain that you never entered into a contract with this law
[01:09:04.480 --> 01:09:14.640]  firm and the law firm claims to be representing a principle and the principle will be the
[01:09:14.640 --> 01:09:24.520]  most recent servicer and if the principle is not the originator of the note then you
[01:09:24.520 --> 01:09:28.160]  claim I never entered into a contract with this entity either.
[01:09:28.160 --> 01:09:33.160]  I don't know who these people are, I don't know what you're talking about.
[01:09:33.160 --> 01:09:42.040]  Maintain that the law firm is a debt collector attempting to collect the debt and has made
[01:09:42.040 --> 01:09:48.240]  a claim of intent to take an action he has no authority to take and as a violation of
[01:09:48.240 --> 01:10:02.280]  15 U.S.C. 1692 F. Even though the origination was done with Wells Fargo originally?
[01:10:02.280 --> 01:10:10.160]  That was my question, was it the same, okay, did from the time it was, Wells Fargo originated
[01:10:10.160 --> 01:10:15.880]  the note, did you have a servicer other than Wells Fargo?
[01:10:15.880 --> 01:10:19.200]  Yeah, they sold it off several times.
[01:10:19.200 --> 01:10:29.360]  Okay, then whoever is stepping in to claim ownership, you did not enter into a contract
[01:10:29.360 --> 01:10:30.360]  with them.
[01:10:30.360 --> 01:10:31.360]  Right, that's HSBC.
[01:10:31.360 --> 01:10:37.120]  Okay, and it doesn't have anything to do with whether you actually entered into a contract
[01:10:37.120 --> 01:10:38.120]  or not.
[01:10:38.120 --> 01:10:47.200]  It goes into a legal position, if I come to you and let me give you a better example,
[01:10:47.200 --> 01:10:55.000]  say somebody comes to me and tells me that they're the servicer for a loan on my house
[01:10:55.000 --> 01:11:01.560]  and I have to pay them X amount of dollars a month for the next 25 years.
[01:11:01.560 --> 01:11:06.360]  I'm going to say who in the heck are you, what loan are you talking about, I have no
[01:11:06.360 --> 01:11:13.240]  idea what you're talking about, see I don't have a mortgage on my house, I own it outright.
[01:11:13.240 --> 01:11:17.000]  So when somebody comes to me and says I owe them money first thing, I want to know who
[01:11:17.000 --> 01:11:23.400]  are you and where do you get off saying I owe you money, what loan are you talking about,
[01:11:23.400 --> 01:11:25.040]  prove it.
[01:11:25.040 --> 01:11:32.400]  I don't have to prove that they don't have authority to collect it on the loan they claim.
[01:11:32.400 --> 01:11:36.320]  They made the claim, they have to prove it up.
[01:11:36.320 --> 01:11:44.920]  Now when these people came and made the claim, you're assuming that they actually have the
[01:11:44.920 --> 01:11:53.680]  authority to make the claim they're making, don't assume that, make them prove it.
[01:11:53.680 --> 01:11:58.800]  Until they prove it, that debt collector attempted to collect the debt and even if they do prove
[01:11:58.800 --> 01:12:02.280]  it, they're still a debt collector attempting to collect the debt.
[01:12:02.280 --> 01:12:06.640]  You're saying this about the attorney firm?
[01:12:06.640 --> 01:12:12.880]  The attorney firm, sue the firm because what you do is the firm has to answer your pleading
[01:12:12.880 --> 01:12:20.960]  and it's not billable time and they're going to claim they're an agent for the principal
[01:12:20.960 --> 01:12:25.320]  and you say well, you're an agent for the principal, agency cannot be proven out of
[01:12:25.320 --> 01:12:31.680]  the mouth of the agent, it must be proven out of the mouth of the principal and it
[01:12:31.680 --> 01:12:38.360]  can't be proven out of the mouth of somebody who just says they're the principal, it must
[01:12:38.360 --> 01:12:44.600]  be proven out of the mouth of someone who has proved they are the principal.
[01:12:44.600 --> 01:12:53.440]  So if Wells Fargo cannot prove that they hold sole ownership rights or sole, it's not necessarily
[01:12:53.440 --> 01:13:01.520]  ownership but they have to hold me the proper holder of the note.
[01:13:01.520 --> 01:13:07.520]  If they can't prove it, you haven't sued them, you sued the law firm.
[01:13:07.520 --> 01:13:11.640]  The law firm is screwed.
[01:13:11.640 --> 01:13:17.560]  So the law firms like to work for these banks because banks pay a lot of money and they
[01:13:17.560 --> 01:13:22.760]  don't like to work for the individuals because the courts are corrupt and they screw the
[01:13:22.760 --> 01:13:24.560]  individuals.
[01:13:24.560 --> 01:13:32.080]  So by suing the law firm, accusing them of making a claim of authority to foreclose
[01:13:32.080 --> 01:13:38.400]  when they don't have it, then it puts the law firm in a position to where they have
[01:13:38.400 --> 01:13:43.200]  to go to their client and give their client to prove up their position.
[01:13:43.200 --> 01:13:50.360]  If the client can't prove up the position, the law firm is in a really, really bad spot
[01:13:50.360 --> 01:13:57.080]  because the law firm, before they asserted a claim on the part of their client, had a
[01:13:57.080 --> 01:14:03.160]  duty to test the ferocity of their client that can't just accept his word.
[01:14:03.160 --> 01:14:10.480]  They have to do their own investigation to ensure the claims of the client are correct.
[01:14:10.480 --> 01:14:16.760]  If they didn't do that, if they accepted what Wells Fargo said and made this claim, it turns
[01:14:16.760 --> 01:14:19.920]  out Wells Fargo can't prove it up.
[01:14:19.920 --> 01:14:22.040]  The law firm is at risk.
[01:14:22.040 --> 01:14:23.040]  Right.
[01:14:23.040 --> 01:14:24.040]  Right.
[01:14:24.040 --> 01:14:31.120]  Now, if we release Wells Fargo from the civil suit as a bargaining chip to buy more time,
[01:14:31.120 --> 01:14:34.760]  does that diminish our ability to go after the spot?
[01:14:34.760 --> 01:14:35.760]  Yeah.
[01:14:35.760 --> 01:14:36.760]  Yeah.
[01:14:36.760 --> 01:14:38.080]  You don't need them anyway.
[01:14:38.080 --> 01:14:44.760]  You go back and sue the law firm and claim they never had authority to file the suit
[01:14:44.760 --> 01:14:53.120]  in the first place, and then you go to the unlawful dictator court and say, hold on, guys.
[01:14:53.120 --> 01:15:05.000]  You have no subject matter jurisdiction because the trustee doing the foreclosure lacks standing
[01:15:05.000 --> 01:15:09.400]  to invoke the subject matter jurisdiction of the court.
[01:15:09.400 --> 01:15:12.360]  He hasn't proved up his position.
[01:15:12.360 --> 01:15:15.600]  Okay.
[01:15:15.600 --> 01:15:17.000]  That's one of the only ways.
[01:15:17.000 --> 01:15:22.520]  You see, the unlawful dictator court, you're in California.
[01:15:22.520 --> 01:15:23.520]  Yeah.
[01:15:23.520 --> 01:15:28.960]  They're only there to determine who has the right to possession.
[01:15:28.960 --> 01:15:29.960]  Right.
[01:15:29.960 --> 01:15:41.840]  And the only way to stop them is to say the petitioner, in this case, you're the defendant,
[01:15:41.840 --> 01:15:49.800]  the plaintiff lacks standing to invoke subject matter jurisdiction of the court.
[01:15:49.800 --> 01:15:52.680]  Have you filed a dispute letter?
[01:15:52.680 --> 01:15:55.960]  No, not that I know of.
[01:15:55.960 --> 01:15:56.960]  No, I haven't.
[01:15:56.960 --> 01:15:57.960]  Okay.
[01:15:57.960 --> 01:16:00.960]  Take your right hand, hold it next to your head, and smack yourself and knock some sense
[01:16:00.960 --> 01:16:01.960]  into you.
[01:16:01.960 --> 01:16:02.960]  Okay.
[01:16:02.960 --> 01:16:03.960]  Okay.
[01:16:03.960 --> 01:16:09.600]  These are due to dispute letter, but if you don't have it, you can get by with it.
[01:16:09.600 --> 01:16:16.760]  In that these, this entity claimed authority and never proved it up until they prove it
[01:16:16.760 --> 01:16:17.760]  up.
[01:16:17.760 --> 01:16:21.480]  They're stuck under UCC 501.
[01:16:21.480 --> 01:16:28.520]  When the creditor makes a, a, a, a presentment to the debtor, if the debtor demands production
[01:16:28.520 --> 01:16:32.600]  of the original security instrument, the creditor must make the instrument available
[01:16:32.600 --> 01:16:33.600]  for inspection.
[01:16:33.600 --> 01:16:36.600]  Otherwise, they're stopped for further collection.
[01:16:36.600 --> 01:16:37.600]  Okay.
[01:16:37.600 --> 01:16:40.600]  Hold on, we'll finish up on the other side.
[01:16:40.600 --> 01:16:43.600]  See, we have three segments left.
[01:16:43.600 --> 01:16:48.600]  We've got three columns, so we're going to have to move along pretty quickly.
[01:16:48.600 --> 01:16:53.600]  We'll finish up with this on the other side and we will go to our other columns.
[01:16:53.600 --> 01:16:54.600]  Okay.
[01:16:54.600 --> 01:16:57.600]  We'll be right back.
[01:16:57.600 --> 01:17:04.920]  Capital Corn and Bullion is a family-owned and operated business that has helped many
[01:17:04.920 --> 01:17:09.840]  families and friends in protecting their assets, and we would like to do the same for you.
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[01:17:24.200 --> 01:17:27.440]  We can even help you set up a metals IRA account.
[01:17:27.440 --> 01:17:32.760]  Call us at 512-646-640 for more details.
[01:17:32.760 --> 01:17:38.240]  As always, we buy, sell, and trade precious metals and cater to those with all sizes of
[01:17:38.240 --> 01:17:39.240]  coin collections.
[01:17:39.240 --> 01:17:46.360]  We're located at 7304 Burnett Road, Suite A, about a half a mile north of Canig, next
[01:17:46.360 --> 01:17:48.960]  to the Ikebon Sushi and the Genie Car Wash.
[01:17:48.960 --> 01:17:53.840]  We're open Monday through Friday, 10 to 6, Saturdays, 10 to 5.
[01:17:53.840 --> 01:18:00.800]  Visit us at CapitalCornandBullion.com or call 512-646-640.
[01:18:00.800 --> 01:18:06.400]  If you entered into a mortgage agreement after the year 2000, you were subjected to the largest
[01:18:06.400 --> 01:18:09.400]  fraud ever perpetrated on the American public.
[01:18:09.400 --> 01:18:14.640]  The banks plotted not only to steal the equity in your home, they also planned to scam you
[01:18:14.640 --> 01:18:18.600]  out of your retirement funds and leave you homeless and penniless.
[01:18:18.600 --> 01:18:23.160]  The money changers have used what they stole from you to buy your legislators, government
[01:18:23.160 --> 01:18:27.360]  oversight agencies, and most unfortunately, the courts.
[01:18:27.360 --> 01:18:32.880]  If you have been foreclosed on, are facing foreclosure, or are up to date on your payments,
[01:18:32.880 --> 01:18:36.520]  there is something you can do to set things to right.
[01:18:36.520 --> 01:18:45.800]  Call 855-588-8501 and we will show you how to force the corrupt courts to do their jobs.
[01:18:45.800 --> 01:18:51.000]  You can stop these thieving bankers from destroying this country and from forcing your children
[01:18:51.000 --> 01:18:55.560]  and grandchildren onto the streets as slaves to them.
[01:18:55.560 --> 01:18:59.560]  Call 855-588-8501 now.
[01:19:25.560 --> 01:19:50.360]  Yes, because you're already in litigation, your issue is too complex to do here on the
[01:19:50.360 --> 01:19:51.360]  show.
[01:19:51.360 --> 01:20:01.240]  There are a great number of claims you can make against the lenders because they've done
[01:20:01.240 --> 01:20:03.880]  everything wrong.
[01:20:03.880 --> 01:20:11.200]  But if you want more information on this, send me an email to Randy at Root of Law Radio
[01:20:11.200 --> 01:20:14.480]  and we'll discuss this off the air.
[01:20:14.480 --> 01:20:19.960]  I would need to know pretty well what all is going on and so I can give you a better
[01:20:19.960 --> 01:20:22.840]  idea of what you can do to protect yourself.
[01:20:22.840 --> 01:20:25.760]  Can I email you a copy of my complaint?
[01:20:25.760 --> 01:20:27.960]  Absolutely, that would be great.
[01:20:27.960 --> 01:20:33.400]  Okay, and now is this a process I can put in place fairly quickly because like I said,
[01:20:33.400 --> 01:20:35.400]  I have until the 20th.
[01:20:35.400 --> 01:20:36.400]  Yes, okay.
[01:20:36.400 --> 01:20:39.320]  The bargaining chip right now to get more time.
[01:20:39.320 --> 01:20:45.760]  Yes, have you looked in the county registrar's office and pulled all the records from the
[01:20:45.760 --> 01:20:48.960]  county registrar?
[01:20:48.960 --> 01:20:52.840]  You mean as far as from my original grand deed till the current?
[01:20:52.840 --> 01:20:53.840]  Yes.
[01:20:53.840 --> 01:20:58.960]  Well, yeah, I mean, I've pulled, we have all that stuff, yes.
[01:20:58.960 --> 01:20:59.960]  Good.
[01:20:59.960 --> 01:21:03.640]  Have you looked at, have you, one thing you might want to look at is hiring a private
[01:21:03.640 --> 01:21:09.360]  investigator to run all the signatures on all the documentation, especially that documentation
[01:21:09.360 --> 01:21:19.520]  claiming any kind of authority, primarily assignments or any affidavits claiming authority
[01:21:19.520 --> 01:21:20.520]  to foreclose.
[01:21:20.520 --> 01:21:23.960]  You want to run those names and see if they're RoboSigners.
[01:21:23.960 --> 01:21:27.760]  Okay, another question real quick, Randy.
[01:21:27.760 --> 01:21:31.640]  You know, the office of the Comptroller has started this new program over the past week.
[01:21:31.640 --> 01:21:32.840]  I don't know if you know about that.
[01:21:32.840 --> 01:21:34.640]  Are you talking about heart?
[01:21:34.640 --> 01:21:40.560]  No, no, the office of the Comptroller is actually urging the lenders, they're doing
[01:21:40.560 --> 01:21:47.280]  independent audits on all this stuff of everything foreclosed between 2009 and I forget what
[01:21:47.280 --> 01:21:53.960]  month in 2010, so I filed a complaint with the OCC which sparked a phone call from the
[01:21:53.960 --> 01:21:59.720]  office of the president at Wells Fargo and I asked them exactly what their power was
[01:21:59.720 --> 01:22:04.560]  because I wanted to know, because they wanted me to send them an explanation of what I
[01:22:04.560 --> 01:22:12.280]  was asking for, so I'm in the process of putting that together right now and it might
[01:22:12.280 --> 01:22:16.960]  be a shot where they may reverse it on their own, but I want to try and compel them to
[01:22:16.960 --> 01:22:21.680]  do that, maybe you can help me with that as well.
[01:22:21.680 --> 01:22:22.680]  Yes, yes.
[01:22:22.680 --> 01:22:29.080]  Send me an email, send me the suit and I'll have a good idea of where you stand.
[01:22:29.080 --> 01:22:30.080]  Okay.
[01:22:30.080 --> 01:22:31.880]  Okay, thank you and...
[01:22:31.880 --> 01:22:32.880]  Thanks, Randy.
[01:22:32.880 --> 01:22:33.880]  Okay.
[01:22:33.880 --> 01:22:38.880]  Okay, now we're going to go to Asa in Lausiana.
[01:22:38.880 --> 01:22:43.160]  Hello, Asa, what do you have for us?
[01:22:43.160 --> 01:22:48.920]  Hello, I worked for Travis County Tax Office for 11 years as a title specialist, so this
[01:22:48.920 --> 01:22:54.040]  might be some information that the other gentlemen could use, it's been a few years,
[01:22:54.040 --> 01:22:58.360]  so of course it might have changed and I think he said he had a Florida title.
[01:22:58.360 --> 01:22:59.360]  Did he not?
[01:22:59.360 --> 01:23:00.360]  Did you recall?
[01:23:00.360 --> 01:23:01.360]  Yes, he did.
[01:23:01.360 --> 01:23:07.880]  He said it was a Florida title, so if that's the case and you of course want to end up
[01:23:07.880 --> 01:23:15.120]  driving the car in Texas, the Florida title is going to have a space that it's a salvage
[01:23:15.120 --> 01:23:20.240]  title, it will be a salvage title and it will be signed over to him and it will have
[01:23:20.240 --> 01:23:25.040]  the insurance name on it and we would get a lot of complaints because of the course
[01:23:25.040 --> 01:23:31.360]  that they think the car is theirs, but like you stated, if they were paid for the car,
[01:23:31.360 --> 01:23:35.560]  they're going to end up with a salvage window with all state insurance or whatever and it
[01:23:35.560 --> 01:23:40.320]  will have to be signed over and he will have to pay taxes on it.
[01:23:40.320 --> 01:23:45.280]  Now if it's also, if it's a Florida title, they ask a trick question.
[01:23:45.280 --> 01:23:50.400]  They ask, are you a new resident to Texas and they will ask you that even if you have
[01:23:50.400 --> 01:23:56.640]  a Texas address on another state title and usually they'll say, well no, I'm not a new
[01:23:56.640 --> 01:24:00.640]  resident, then they get stuck with paying taxes.
[01:24:00.640 --> 01:24:07.240]  If they say yes, they have to pay a new resident tax, which was $90 then, but it's like welcome
[01:24:07.240 --> 01:24:14.720]  to Texas, that'll be $90 and if not a new resident, you have to have a bill of sale
[01:24:14.720 --> 01:24:21.960]  on the salvage title and as far as inspection, any title coming from out of state, you have
[01:24:21.960 --> 01:24:26.880]  to get what's called a green sheet from an inspection station and what that is, that's
[01:24:26.880 --> 01:24:36.000]  for the title person to check the VIN number, it has to match the title and you can get
[01:24:36.000 --> 01:24:41.240]  that green sheet without getting the inspection, you know, that it's safe, but most people
[01:24:41.240 --> 01:24:47.400]  get both of those because you have to have it to drive it and of course you'll have to
[01:24:47.400 --> 01:24:52.360]  show proof of insurance and from then on, any time that title is transferred, the life
[01:24:52.360 --> 01:24:59.160]  of that title will always say that it's a salvage title and that's all I have.
[01:24:59.160 --> 01:25:08.040]  Okay, so once it's, the insurance company does the total on it, it becomes a, it necessarily
[01:25:08.040 --> 01:25:11.400]  becomes a salvage title?
[01:25:11.400 --> 01:25:16.760]  Yes, it's an insurance, pays for a car and it's total, it ends up, see we don't usually
[01:25:16.760 --> 01:25:21.200]  see those salvage titles, what the insurance company does with them, I don't know, they
[01:25:21.200 --> 01:25:25.720]  might be like those MCOs, they might throw them away, but I'm sure they'll keep them
[01:25:25.720 --> 01:25:32.560]  for a while because we would get those titles from out of state signed over to that person
[01:25:32.560 --> 01:25:37.760]  and of course there, because the car was theirs, they still think it's their car and they get
[01:25:37.760 --> 01:25:42.520]  upset when we tell them, no, it's not your car anymore, you have to pay taxes on it like
[01:25:42.520 --> 01:25:47.040]  everybody in Texas that gets the car.
[01:25:47.040 --> 01:25:53.920]  So if you make a deal with the insurance company to get the car back, then they don't do a
[01:25:53.920 --> 01:25:56.280]  salvage title, do they?
[01:25:56.280 --> 01:26:02.880]  Yes, they wouldn't take it away from them and pay them if it wasn't a salvage title,
[01:26:02.880 --> 01:26:08.720]  if they total it, they would take the title and they would turn it into a salvage title
[01:26:08.720 --> 01:26:13.840]  and from then on that car will always state that it's a salvage title, similar to where
[01:26:13.840 --> 01:26:18.440]  they sell a lot of them when there's a flood area, everybody wants to know if the car was
[01:26:18.440 --> 01:26:20.600]  salvaged at one time or not.
[01:26:20.600 --> 01:26:27.040]  Yes, I understand the value of that, so that gets over that issue of having to disclose
[01:26:27.040 --> 01:26:33.280]  that it's been in an accident, if it has a salvage title, that's pretty definite and
[01:26:33.280 --> 01:26:34.280]  clear.
[01:26:34.280 --> 01:26:38.680]  Right, and that will stay on the history of no matter what title or how many titles
[01:26:38.680 --> 01:26:39.680]  you get.
[01:26:39.680 --> 01:26:48.520]  Well, that is really interesting and thanks a lot for the information, because it was
[01:26:48.520 --> 01:26:52.040]  sure information that was beyond me.
[01:26:52.040 --> 01:26:53.040]  Thank you.
[01:26:53.040 --> 01:26:54.040]  Thank you very much.
[01:26:54.040 --> 01:26:59.040]  Okay, now we're going to go to Jeff in Texas.
[01:26:59.040 --> 01:27:04.040]  Jeff, you got a hard question for us.
[01:27:04.040 --> 01:27:12.040]  I don't know if it's hard or not, but I had a question about the red light cameras in
[01:27:12.040 --> 01:27:13.040]  Austin.
[01:27:13.040 --> 01:27:24.320]  Is there a way to, because I heard you mention one time about making a motion that basically
[01:27:24.320 --> 01:27:31.440]  goes back and asks the court to reverse the decision.
[01:27:31.440 --> 01:27:39.960]  And I basically got one of those red lights, camera tickets, but never got any notice of
[01:27:39.960 --> 01:27:46.400]  it, of it getting noticed until well after the fact, and that was in a request from the
[01:27:46.400 --> 01:27:53.360]  red light company, you know, to pay them money, never got anything from the city at all.
[01:27:53.360 --> 01:27:56.240]  And you won't.
[01:27:56.240 --> 01:28:01.560]  The thing you have to understand about red light cameras in Texas is this.
[01:28:01.560 --> 01:28:05.360]  You don't have any real method to appeal.
[01:28:05.360 --> 01:28:10.000]  Basically the red light cameras are written up in statute as you are guilty until proven
[01:28:10.000 --> 01:28:11.500]  innocent.
[01:28:11.500 --> 01:28:15.760]  The presumption is you ran the light, pay the ticket, or we're going to do something
[01:28:15.760 --> 01:28:17.960]  worse to you.
[01:28:17.960 --> 01:28:24.040]  That right there, according to all historical case law, makes that citation a bill of pains
[01:28:24.040 --> 01:28:26.040]  and penalties.
[01:28:26.040 --> 01:28:33.240]  Okay, a bill of pains and penalties is absolutely forbidden, a bill of pains and penalties or
[01:28:33.240 --> 01:28:39.360]  a bill of attainder based upon the severity of the punishment involved, depends upon
[01:28:39.360 --> 01:28:41.720]  which one it is.
[01:28:41.720 --> 01:28:47.040]  But those are determined by the factors that produce the alleged guilt.
[01:28:47.040 --> 01:28:54.800]  If the guilt is produced through legislative or administrative determinations of guilt without
[01:28:54.800 --> 01:28:59.640]  judicial review, that is an illegal bill of attainder.
[01:28:59.640 --> 01:29:06.040]  If the punishment is severe involving incarceration or bodily injury, or it is a bill of pains
[01:29:06.040 --> 01:29:15.360]  and penalties if it's by fine only or by minimal incarceration.
[01:29:15.360 --> 01:29:20.440]  That makes the ticket illegal on their face for those reasons alone, and I would fight
[01:29:20.440 --> 01:29:22.640]  them for exactly that purpose.
[01:29:22.640 --> 01:29:28.600]  Okay, so even if it's already been heard, already been tried.
[01:29:28.600 --> 01:29:32.080]  How can it have been tried if you were not notified to appear?
[01:29:32.080 --> 01:29:36.840]  Okay, and it's called a bill of pains and penalties.
[01:29:36.840 --> 01:29:37.840]  That is correct.
[01:29:37.840 --> 01:29:43.360]  All right, okay, we're about to go to break.
[01:29:43.360 --> 01:29:44.360]  Hang on, Jeff.
[01:29:44.360 --> 01:29:45.360]  Finish this on the other side.
[01:29:45.360 --> 01:29:50.760]  This is rule of law radio, call in number is 512-646-1984.
[01:29:50.760 --> 01:29:54.600]  We have about a half an hour left in the show, so folks, if you have an issue, now's the
[01:29:54.600 --> 01:29:55.600]  time to get in line.
[01:29:55.600 --> 01:29:59.920]  We'll be right back after this break.
[01:29:59.920 --> 01:30:03.360]  Top 10 reasons to question the official story of the Oklahoma City bombing.
[01:30:03.360 --> 01:30:04.360]  Reason number 10.
[01:30:04.360 --> 01:30:05.360]  What is on the surveillance tapes?
[01:30:05.360 --> 01:30:09.160]  There were many video surveillance cameras that recorded the morning of the bombing,
[01:30:09.160 --> 01:30:11.960]  yet a few of these that have been released do not show what transpired with the Ryder
[01:30:11.960 --> 01:30:13.680]  truck at the Murrow Building.
[01:30:13.680 --> 01:30:16.480]  Most recently, the government has claimed that all of the cameras that were in different
[01:30:16.480 --> 01:30:19.920]  buildings and maintained by different businesses were all having their tapes changed at the
[01:30:19.920 --> 01:30:22.360]  exact same time, 9.02 a.m.
[01:30:22.360 --> 01:30:25.320]  This is insulting to the memory of those who perished in the bombing.
[01:30:25.320 --> 01:30:26.320]  What is being hidden from us?
[01:30:26.320 --> 01:30:29.040]  For more information, please go to okcbombingtruth.com.
[01:30:29.040 --> 01:30:37.600]  This performance-enhancing drug shows up on drug tests, but it hasn't been banned from
[01:30:37.600 --> 01:30:38.600]  professional sports.
[01:30:38.600 --> 01:30:42.680]  I'm Dr. Katherine Albrecht, and I'll bet you are taking this drug, too.
[01:30:42.680 --> 01:30:45.560]  I'll be back to tell you what it is.
[01:30:45.560 --> 01:30:47.160]  Privacy is under attack.
[01:30:47.160 --> 01:30:50.760]  When you give up data about yourself, you'll never get it back again.
[01:30:50.760 --> 01:30:55.520]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:55.520 --> 01:31:00.480]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:31:00.480 --> 01:31:03.280]  Privacy, it's worth hanging on to.
[01:31:03.280 --> 01:31:07.560]  This public service announcement is brought to you by startpage.com, the private search
[01:31:07.560 --> 01:31:11.080]  engine alternative to Google, Yahoo, and Bing.
[01:31:11.080 --> 01:31:13.560]  Start over with Start Page.
[01:31:13.560 --> 01:31:17.240]  Katherine, can it make you a better athlete?
[01:31:17.240 --> 01:31:20.240]  The verdict is as muddy as a cup of Joe.
[01:31:20.240 --> 01:31:24.560]  After studying cyclists, runners, and rowers found, Katherine does boost performance for
[01:31:24.560 --> 01:31:26.440]  short-term power events.
[01:31:26.440 --> 01:31:30.080]  Tennis players' accuracy and speed improved, and they had more endurance to get through
[01:31:30.080 --> 01:31:31.080]  the match.
[01:31:31.080 --> 01:31:35.240]  But Katherine doesn't help in all sports, and the correct dose varies widely between
[01:31:35.240 --> 01:31:36.240]  individuals.
[01:31:36.240 --> 01:31:38.240]  Katherine contributes to dehydration.
[01:31:38.240 --> 01:31:43.720]  Plus, it can give you the jitters, and nervousness is the last thing you want in a competition.
[01:31:43.720 --> 01:31:48.080]  Athletes quickly build up a tolerance to Katherine and its addictive, as anyone who's ever had
[01:31:48.080 --> 01:31:55.080]  a caffeine headache can tell you.
[01:32:18.080 --> 01:32:26.080]  All right, folks, we are back at the School of Law and Radio, Randy Kelp, and never Steven.
[01:32:26.080 --> 01:32:27.080]  I am Eddie Craig.
[01:32:27.080 --> 01:32:29.080]  This is our Friday Night Before Our Marathon.
[01:32:29.080 --> 01:32:34.480]  We have about a half an hour left of this show, so if you've got any issues, now's the
[01:32:34.480 --> 01:32:37.840]  best time to get on here before we run out of time.
[01:32:37.840 --> 01:32:43.920]  Right now, we have Jeff in Texas, we're finishing up with him, and then we'll get to Julius
[01:32:43.920 --> 01:32:44.920]  and Dan.
[01:32:44.920 --> 01:32:47.320]  All right, Jeff, let's see if we can get you wrapped up here.
[01:32:47.320 --> 01:32:53.360]  Did you have any other questions on the red-light camera ticket?
[01:32:53.360 --> 01:32:57.440]  As far as the bill of pains and penalties, where would I find that?
[01:32:57.440 --> 01:33:00.720]  Is that in the penal code or the code?
[01:33:00.720 --> 01:33:02.400]  It's bill of pains and penalties.
[01:33:02.400 --> 01:33:08.240]  You can look up the definition for it and how they occur in any legal dictionary.
[01:33:08.240 --> 01:33:14.480]  Right there, it will give you a sighting of the case law that defined that phrase, okay?
[01:33:14.480 --> 01:33:19.280]  And that case law will be the controlling case law on that phrase.
[01:33:19.280 --> 01:33:22.320]  You can cite that case law.
[01:33:22.320 --> 01:33:23.320]  Understand that no...
[01:33:23.320 --> 01:33:28.640]  When I file a motion for that case, what would it be called?
[01:33:28.640 --> 01:33:30.640]  Motion to quash.
[01:33:30.640 --> 01:33:32.920]  Yeah, hold on.
[01:33:32.920 --> 01:33:39.440]  You won't find any law that's called a bill of pains and penalties.
[01:33:39.440 --> 01:33:45.640]  Using a law, a bill of pains and penalties or a bill of attainder is a term you use when
[01:33:45.640 --> 01:33:48.480]  you try to get the law stricken down.
[01:33:48.480 --> 01:33:54.720]  You use those terms to explain why the law is bogus.
[01:33:54.720 --> 01:34:01.480]  So you won't find anything called a bill of attainder or a bill of pains and penalties.
[01:34:01.480 --> 01:34:04.920]  That's actually a reference to why the law is invalid.
[01:34:04.920 --> 01:34:08.560]  It's not a law in and of itself.
[01:34:08.560 --> 01:34:11.240]  It's like saying a law is unconstitutional.
[01:34:11.240 --> 01:34:19.880]  It is unconstitutional because the way it is being done consists of actions that are
[01:34:19.880 --> 01:34:24.560]  a bill of pains and penalties, which the Constitution forbids.
[01:34:24.560 --> 01:34:28.040]  Okay, gotcha.
[01:34:28.040 --> 01:34:32.760]  And that would be basically motion to quash and then the bill of pains and penalties would
[01:34:32.760 --> 01:34:36.880]  be why the motion would be before the quash.
[01:34:36.880 --> 01:34:37.880]  Correct.
[01:34:37.880 --> 01:34:45.680]  It's challenging the validity of the citation as being unconstitutional because the parameters
[01:34:45.680 --> 01:34:53.360]  engaged or involved in how it's being tried makes that citation illegal as a bill of pains
[01:34:53.360 --> 01:34:55.360]  and penalties.
[01:34:55.360 --> 01:34:56.360]  Okay.
[01:34:56.360 --> 01:34:57.360]  Okay.
[01:34:57.360 --> 01:34:58.360]  All right.
[01:34:58.360 --> 01:34:59.360]  I think I got that.
[01:34:59.360 --> 01:35:00.360]  Just wanted to plug your class.
[01:35:00.360 --> 01:35:01.360]  I've been to it.
[01:35:01.360 --> 01:35:02.360]  It's great.
[01:35:02.360 --> 01:35:03.360]  Everyone should go.
[01:35:03.360 --> 01:35:10.800]  Oh, well, I appreciate that, Jeff, and for everyone out there, the class he's referring
[01:35:10.800 --> 01:35:16.240]  to is the Sunday classes down at Brave New Books at the corner of Martin Luther King
[01:35:16.240 --> 01:35:17.840]  and Guadalupe.
[01:35:17.840 --> 01:35:20.280]  They are from two to five every Sunday.
[01:35:20.280 --> 01:35:22.560]  The first class is free.
[01:35:22.560 --> 01:35:26.520]  All the subsequent classes are $20 each Sunday.
[01:35:26.520 --> 01:35:31.800]  The class is always open and free to lawyers and law enforcement.
[01:35:31.800 --> 01:35:39.080]  I heartily invite every law enforcement officer or attorney that, especially defense attorneys
[01:35:39.080 --> 01:35:43.840]  and prosecutors, please come down and learn what you're not reading.
[01:35:43.840 --> 01:35:46.760]  We would greatly appreciate that.
[01:35:46.760 --> 01:35:53.520]  It might even prevent you from getting sued from our practice later or leave a bar agreement.
[01:35:53.520 --> 01:35:54.520]  That too.
[01:35:54.520 --> 01:35:58.760]  All right, Jeff, anything else?
[01:35:58.760 --> 01:36:05.240]  I did have one quick question as far as this is with a company in town, actually a medical
[01:36:05.240 --> 01:36:06.240]  provider.
[01:36:06.240 --> 01:36:12.440]  I went in for a visit, was told on the phone before the visit with the amount was, charged
[01:36:12.440 --> 01:36:19.200]  that amount, and later on, they claimed that I owed them more money because my insurance
[01:36:19.200 --> 01:36:26.840]  company didn't cover some other additional charge, which they never told me about.
[01:36:26.840 --> 01:36:32.480]  Okay, that they didn't mention at the time of the visit or anything else, or even tell
[01:36:32.480 --> 01:36:36.720]  you that they were going to bill a certain aspect of this to your insurance company?
[01:36:36.720 --> 01:36:37.720]  Not at all, no.
[01:36:37.720 --> 01:36:42.920]  In fact, my insurance company, which they, of course, would know because every other
[01:36:42.920 --> 01:36:49.800]  doctor's office knew, has a pretty high deductible, so they wouldn't have paid for it, regardless.
[01:36:49.800 --> 01:36:54.720]  It's just not something my insurance company is going to pay at this point because I haven't
[01:36:54.720 --> 01:36:57.040]  met the deductible yet.
[01:36:57.040 --> 01:37:03.080]  Go down to the prosecuting attorney and file a charge of fraud against them.
[01:37:03.080 --> 01:37:09.000]  That's what I was wondering, because it sounds like they got double billing going on.
[01:37:09.000 --> 01:37:12.160]  Well, they're doing fraudulent billing, they're not double billing you.
[01:37:12.160 --> 01:37:17.080]  They created a different charge, but they didn't tell you in advance about that charge
[01:37:17.080 --> 01:37:18.080]  what it involved.
[01:37:18.080 --> 01:37:19.080]  If you and the...
[01:37:19.080 --> 01:37:20.080]  Go ahead, Randy.
[01:37:20.080 --> 01:37:24.320]  This is a contractual matter.
[01:37:24.320 --> 01:37:26.880]  You entered into a contract.
[01:37:26.880 --> 01:37:36.640]  They gave you an amount they claimed that you owed, you paid that amount.
[01:37:36.640 --> 01:37:37.640]  Did you file...
[01:37:37.640 --> 01:37:44.720]  Did you go to them under the condition that they would bill your insurance company?
[01:37:44.720 --> 01:37:50.120]  They didn't tell me anything about billing my insurance company at all.
[01:37:50.120 --> 01:37:51.120]  They didn't get...
[01:37:51.120 --> 01:37:53.920]  As far as the contract is concerned...
[01:37:53.920 --> 01:37:57.000]  That's all they asked, if I had insurance.
[01:37:57.000 --> 01:38:00.760]  I asked them what the dollar amount was going to be before I went in.
[01:38:00.760 --> 01:38:05.920]  I called them on the phone and said, how much does it cost for a doctor's visit?
[01:38:05.920 --> 01:38:06.920]  They told me the amount.
[01:38:06.920 --> 01:38:11.800]  Then when I paid them, it was the same amount that they told me.
[01:38:11.800 --> 01:38:15.720]  That established a contract.
[01:38:15.720 --> 01:38:19.800]  They made an offer of a contract.
[01:38:19.800 --> 01:38:28.080]  They agreed to the contract and they gave value in the doctor's appointment.
[01:38:28.080 --> 01:38:34.520]  You gave consideration in paying the amount they requested.
[01:38:34.520 --> 01:38:39.240]  Now they've requested more money that wasn't included in the contract that's fraud.
[01:38:39.240 --> 01:38:41.320]  It's also a breach of contract.
[01:38:41.320 --> 01:38:45.160]  Yeah, and there's a good possibility you're not the first patient they've done this to
[01:38:45.160 --> 01:38:50.760]  and they've defrauded other people's insurance companies by doing this secret billing.
[01:38:50.760 --> 01:38:54.160]  Yes, exactly what I was thinking.
[01:38:54.160 --> 01:38:59.360]  It just seemed to me like they had some kind of two-tier system because when I called them
[01:38:59.360 --> 01:39:05.800]  back later and I asked the person in billings, like, why am I being charged?
[01:39:05.800 --> 01:39:10.200]  They said, because your insurance didn't pay, you didn't cover this cost.
[01:39:10.200 --> 01:39:16.160]  I said, well, you told me the billing amount was this amount of money.
[01:39:16.160 --> 01:39:22.040]  It says when you call up that whatever the final amount of your bill is going to be due
[01:39:22.040 --> 01:39:27.240]  at the end of your visit, so that is the final amount, correct?
[01:39:27.240 --> 01:39:29.240]  She said, correct.
[01:39:29.240 --> 01:39:32.440]  I said, so why am I being charged again?
[01:39:32.440 --> 01:39:37.000]  She kept telling me the same thing over and over again.
[01:39:37.000 --> 01:39:42.280]  I said, well, what's the amount if I come in for a doctor's visit and I get tested for
[01:39:42.280 --> 01:39:47.120]  the flu or whatever I do, I get checked to see if I have a flu, how much does it cost?
[01:39:47.120 --> 01:39:48.120]  She said, well, that depends.
[01:39:48.120 --> 01:39:51.840]  I said, it depends on what?
[01:39:51.840 --> 01:39:55.800]  It depends on whether or not she has insurance or not is what she told me.
[01:39:55.800 --> 01:40:03.480]  Yeah, well, see, each time they do this, they require to tell you up front if you ask, here's
[01:40:03.480 --> 01:40:06.440]  what you're being charged for.
[01:40:06.440 --> 01:40:10.680]  Bill number one, if you go into these places anymore, the way they've got this set up,
[01:40:10.680 --> 01:40:15.800]  you need to always ask for a specifically-automized bill.
[01:40:15.800 --> 01:40:19.720]  If they're trying to charge you any amount other than the amount they told you about,
[01:40:19.720 --> 01:40:22.400]  they better put it in that-automized bill.
[01:40:22.400 --> 01:40:29.120]  If it ain't there, they can't come back later and say you owe it.
[01:40:29.120 --> 01:40:30.120]  Gotcha.
[01:40:30.120 --> 01:40:31.120]  Okay.
[01:40:31.120 --> 01:40:37.360]  Well, and you suggest dealing with it as if it's any other matter of fraud?
[01:40:37.360 --> 01:40:40.640]  Yes, as does Randy from what I'm hearing here.
[01:40:40.640 --> 01:40:42.640]  Yeah, yeah, that's the way you get leverage.
[01:40:42.640 --> 01:40:47.200]  That's when the prosecutor's investigator calls them and tells them you're down there
[01:40:47.200 --> 01:40:49.200]  trying to get them arrested.
[01:40:49.200 --> 01:40:53.040]  This is how we get things fixed.
[01:40:53.040 --> 01:40:58.160]  Rather than you actually get them arrested or not, you get them to quit stealing from
[01:40:58.160 --> 01:41:00.360]  everybody who walks in the door.
[01:41:00.360 --> 01:41:02.720]  And that's the point anyway.
[01:41:02.720 --> 01:41:08.320]  Yeah, most people don't have the wherewithal to do what you're doing.
[01:41:08.320 --> 01:41:16.120]  And that you do kind of gives you a duty is to help everybody else because we all have
[01:41:16.120 --> 01:41:18.240]  our own strengths.
[01:41:18.240 --> 01:41:21.200]  And this sounds like one of your strengths.
[01:41:21.200 --> 01:41:26.320]  So you jerk them around a little bit, create a little local politics.
[01:41:26.320 --> 01:41:27.320]  Gotcha.
[01:41:27.320 --> 01:41:32.960]  It sounds, it sounds like exactly what I'll be doing.
[01:41:32.960 --> 01:41:33.960]  Thanks.
[01:41:33.960 --> 01:41:34.960]  I really appreciate it.
[01:41:34.960 --> 01:41:35.960]  Good.
[01:41:35.960 --> 01:41:36.960]  Yes, sir.
[01:41:36.960 --> 01:41:39.560]  Let me give my standard warning.
[01:41:39.560 --> 01:41:42.760]  Don't have too much fun with this.
[01:41:42.760 --> 01:41:49.120]  Well, you know, I had a lot of fun when I went down and talked to the, uh, saw the faces
[01:41:49.120 --> 01:41:55.040]  on the prosecutors when, you know, from the first, you know, benefit I got from going
[01:41:55.040 --> 01:41:56.920]  to the class.
[01:41:56.920 --> 01:42:05.120]  They really didn't like the fact that I challenged their, um, their 60 day waiting period for,
[01:42:05.120 --> 01:42:12.600]  um, uh, and apparently standard, this is a 60 day waiting period that they charge standard
[01:42:12.600 --> 01:42:19.880]  on any motions of appeal before they send them up to the county.
[01:42:19.880 --> 01:42:23.920]  Their standard is to wait 60 days.
[01:42:23.920 --> 01:42:27.240]  Of course, your trial is done by then.
[01:42:27.240 --> 01:42:35.320]  So, I mean, they, they pat them with Lee, like, and, and, um, the, the clerk of court
[01:42:35.320 --> 01:42:44.400]  told me that, you know, the judges instructed them to wait 60 days on all appeals.
[01:42:44.400 --> 01:42:46.240]  Is this from a traffic court?
[01:42:46.240 --> 01:42:47.240]  Yeah.
[01:42:47.240 --> 01:42:48.240]  Traffic court.
[01:42:48.240 --> 01:42:49.240]  That's interesting.
[01:42:49.240 --> 01:42:50.240]  Yeah.
[01:42:50.240 --> 01:42:53.400]  I mean, it's, you know, it's completely illegal.
[01:42:53.400 --> 01:42:54.400]  Yeah.
[01:42:54.400 --> 01:43:03.040]  You followed tradition for Rita Mandamus and asked for a mandamus to order them to forward
[01:43:03.040 --> 01:43:04.040]  the records up.
[01:43:04.040 --> 01:43:08.200]  They don't have, as far as I know, they have no jurisdiction.
[01:43:08.200 --> 01:43:14.360]  They must immediately forward them the records because they lose the plenary jurisdictions
[01:43:14.360 --> 01:43:15.360]  immediately.
[01:43:15.360 --> 01:43:19.600]  That is something I'm sure Eddie's going to want to talk about.
[01:43:19.600 --> 01:43:20.600]  Yeah.
[01:43:20.600 --> 01:43:27.600]  Uh, you know, I think that, um, you know, I should look into that because I, okay, we,
[01:43:27.600 --> 01:43:29.760]  we, we're about to go to break off.
[01:43:29.760 --> 01:43:36.000]  We're going into our last segment, so talk to Eddie at the seminar about that.
[01:43:36.000 --> 01:43:40.160]  I'm sure he's going to find that interesting because I know you got somebody else.
[01:43:40.160 --> 01:43:41.160]  Okay.
[01:43:41.160 --> 01:43:42.160]  We're going to go.
[01:43:42.160 --> 01:43:47.920]  We're going to go to break and we see Dan and Julius will pick you up on the other side.
[01:43:47.920 --> 01:44:00.240]  This is Randy Count, Derby Stevens, Eddie Craig, we'll be right back.
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[01:46:22.360 --> 01:46:36.480]  Okay, we're back, let's jump into the situation we're in now, and we are going to go to Dan
[01:46:36.480 --> 01:46:48.920]  from Connecticut, Jr., to see you there, Dan Jr., who's with you, and what do we got for
[01:46:48.920 --> 01:46:49.920]  us today?
[01:46:49.920 --> 01:46:59.920]  Okay, I'm going to give you a story and I'm going to tell you the objective and I'm going
[01:46:59.920 --> 01:47:04.520]  to look for 10 possible remedies, I already have some, I just want to use that.
[01:47:04.520 --> 01:47:06.520]  Anyway, here's the story.
[01:47:06.520 --> 01:47:09.680]  Joe Lunchbucket gets himself a commercial note.
[01:47:09.680 --> 01:47:15.040]  This commercial note was taken out to purchase a property foreclosed upon by Duchamang.
[01:47:15.040 --> 01:47:17.640]  Oh crap, did I say that?
[01:47:17.640 --> 01:47:24.640]  Anyway, the property is dilapidated and it's a sad state of repair, so the people granting
[01:47:24.640 --> 01:47:31.680]  the commercial note say, okay, we will give you say $80,000 to buy it and we will give
[01:47:31.680 --> 01:47:37.840]  you another $20,000, say hypothetically a total for $100,000.
[01:47:37.840 --> 01:47:43.320]  One problem, person signs commercial note, not all of the money is paid.
[01:47:43.320 --> 01:47:49.040]  This goes on for three years, because the money is not paid, Joe Lunchbucket cannot
[01:47:49.040 --> 01:47:53.520]  repair the property and return it to a maintainable state and of course this commercial note was
[01:47:53.520 --> 01:47:59.560]  predicated upon the belief that with all the money in the hand, Joe Lunchbucket would actually
[01:47:59.560 --> 01:48:05.560]  be able to rent out the property, so the people who granted the note turned around and basically
[01:48:05.560 --> 01:48:08.600]  said, well, we want all the rents, we intend to foreclose.
[01:48:08.600 --> 01:48:12.520]  So Randy, can you find 10 ways to extinguish the note?
[01:48:12.520 --> 01:48:13.520]  Are you ready?
[01:48:13.520 --> 01:48:14.520]  Go.
[01:48:14.520 --> 01:48:27.600]  10 ways, breach of contract initially, unless in commercial notes there's often a proviso
[01:48:27.600 --> 01:48:35.720]  when you're purchasing commercial property and it's to be repaired is there's a proviso
[01:48:35.720 --> 01:48:41.640]  that they don't give you all of the money at one time, you have to pull it and it drops.
[01:48:41.640 --> 01:48:51.160]  Something that that's not there, then initially breach of contract, the claim for what's
[01:48:51.160 --> 01:48:57.320]  to call the benefit of the deal, I'll think of the exact term in a second, benefit of
[01:48:57.320 --> 01:49:01.320]  the bargain.
[01:49:01.320 --> 01:49:05.240]  Would that be frustration of purpose?
[01:49:05.240 --> 01:49:08.760]  That's breach of contract.
[01:49:08.760 --> 01:49:14.760]  Frustration of purpose, I've never heard of that as a separate cause of action.
[01:49:14.760 --> 01:49:20.200]  Yeah, frustration of purpose is basically when somebody wants to enforce the provision
[01:49:20.200 --> 01:49:25.160]  of the contract where it would pretty much go against the purpose of the agreement.
[01:49:25.160 --> 01:49:26.960]  Then that's breach of contract.
[01:49:26.960 --> 01:49:32.560]  It would be a form of breach of contract.
[01:49:32.560 --> 01:49:42.800]  If the entity entered into the note, the lender had made statements to the borrower that they
[01:49:42.800 --> 01:49:48.240]  would produce this money knowing when they went into it that they weren't going to, then
[01:49:48.240 --> 01:49:52.800]  that goes to fraud, fraud by non-disclosure.
[01:49:52.800 --> 01:49:59.360]  If the person who entered into the note with them was a licensed professional, we'd go
[01:49:59.360 --> 01:50:05.800]  to negligence and breach of fiduciary duty, what have I got so far?
[01:50:05.800 --> 01:50:06.800]  Five?
[01:50:06.800 --> 01:50:08.400]  You interrupt the five, maybe six.
[01:50:08.400 --> 01:50:11.760]  Yes, but I'll get a couple more of it.
[01:50:11.760 --> 01:50:14.160]  There's not too many more that I could actually sustain.
[01:50:14.160 --> 01:50:16.720]  Okay, tell me the ones I missed.
[01:50:16.720 --> 01:50:22.080]  Well, and this is because I forgot I omitted something, a half one on purpose because I
[01:50:22.080 --> 01:50:24.120]  wanted to see what you come up with.
[01:50:24.120 --> 01:50:31.240]  There were no regular statements provided to the person who borrowed the money.
[01:50:31.240 --> 01:50:36.160]  Okay, so that makes it a predatory loan.
[01:50:36.160 --> 01:50:40.600]  No, that really doesn't apply in commercial.
[01:50:40.600 --> 01:50:47.080]  It would apply in consumer, but in commercial, the banks aren't restricted the same way they
[01:50:47.080 --> 01:50:50.000]  are with dealing with the consumer.
[01:50:50.000 --> 01:50:56.160]  If you're not able, if you don't have the resources to pay back the note, the banks
[01:50:56.160 --> 01:51:06.080]  are restricted from issuing a note to a consumer who's not considered a professional.
[01:51:06.080 --> 01:51:11.000]  They're required to protect him from himself from things he doesn't know, but if you're
[01:51:11.000 --> 01:51:16.440]  doing it for a commercial purpose, they consider you to be a sophisticated borrower and those
[01:51:16.440 --> 01:51:21.320]  kind of restrictions don't apply.
[01:51:21.320 --> 01:51:26.680]  Well, you got most of what I thought up already, but yeah, it was a pretty interesting situation.
[01:51:26.680 --> 01:51:34.000]  I read this thing the other day from Joe Lungebucket, and I was like, wow, it goes from 12% to 15%
[01:51:34.000 --> 01:51:36.680]  and he didn't provide all the money.
[01:51:36.680 --> 01:51:37.680]  What a ripoff.
[01:51:37.680 --> 01:51:41.880]  I've come across exactly that problem with commercial notes.
[01:51:41.880 --> 01:51:42.880]  Really?
[01:51:42.880 --> 01:51:51.560]  Yes, this seems to be a common problem where they provide the note and give you a portion
[01:51:51.560 --> 01:52:00.360]  of the money and then hold the rest of it that you pull as draws and then there's an
[01:52:00.360 --> 01:52:05.160]  amount they hold that you only get at the end, but as soon as they issue the note, they
[01:52:05.160 --> 01:52:08.520]  charge you interest on the full amount.
[01:52:08.520 --> 01:52:11.280]  It sounds like a real mess.
[01:52:11.280 --> 01:52:12.840]  Oh yeah, it is.
[01:52:12.840 --> 01:52:14.840]  I just wanted to brainstorm with you briefly.
[01:52:14.840 --> 01:52:16.320]  I'm going to let you get to your other call.
[01:52:16.320 --> 01:52:20.560]  I can tell you about Slater, so I know we've got a touch base anyway at some point, but
[01:52:20.560 --> 01:52:23.040]  it was one heck of a mess, so I can tell you that.
[01:52:23.040 --> 01:52:24.040]  Okay, thank you.
[01:52:24.040 --> 01:52:25.040]  Yes, it was fun.
[01:52:25.040 --> 01:52:26.040]  Thank you, Dan.
[01:52:26.040 --> 01:52:27.040]  Now we're going to go to Julius.
[01:52:27.040 --> 01:52:28.040]  Julius, what do you got for us?
[01:52:28.040 --> 01:52:29.040]  Hey, Randy and Eddie and Deborah.
[01:52:29.040 --> 01:52:30.040]  Interesting.
[01:52:30.040 --> 01:52:34.040]  I went to a Randolph Brooks Federal Credit Union to open up an account.
[01:52:34.040 --> 01:52:42.040]  I'm trying to sidestep some of the bigger banks with fees and everything, and let me
[01:52:42.040 --> 01:52:45.040]  see if I can open up an account here.
[01:52:45.040 --> 01:52:55.040]  I walk in there, sit down and they're asking me all my personal questions and information
[01:52:55.040 --> 01:53:00.040]  and at first, I was leery about it and of course, I feel like it's really invasive.
[01:53:00.040 --> 01:53:04.800]  They're asking for your social security number, your driver's license number, your mother's
[01:53:04.800 --> 01:53:06.800]  maiden name, all this stuff.
[01:53:06.800 --> 01:53:07.800]  I said, you know what?
[01:53:07.800 --> 01:53:12.360]  I'm just going to go and give it to them just because it's telling me to do this for some
[01:53:12.360 --> 01:53:17.400]  reason, but I'm going to record them after a while and I give them all the information.
[01:53:17.400 --> 01:53:22.000]  I turn on my recorder, I want to see what they're saying to me, and they run a check
[01:53:22.000 --> 01:53:27.480]  in the system and they don't tell me about this check until they finally do some credit
[01:53:27.480 --> 01:53:28.480]  check.
[01:53:28.480 --> 01:53:33.440]  Then I find out, they come back to me and say, well, we're sorry, but we can't open
[01:53:33.440 --> 01:53:35.640]  up an account with you today.
[01:53:35.640 --> 01:53:36.640]  I said, why?
[01:53:36.640 --> 01:53:39.640]  I said, well, do you have an account with Bank of America?
[01:53:39.640 --> 01:53:41.640]  I said, no, I used to.
[01:53:41.640 --> 01:53:46.480]  I said, well, you own Bank of America, $900, and I said, oh, really?
[01:53:46.480 --> 01:53:52.760]  Oh, that's good because that was the fraudulent account that they built for minus $60 to
[01:53:52.760 --> 01:53:59.840]  minus $900, and there was also a precedent-sending lawsuit that they lost and had to pay out
[01:53:59.840 --> 01:54:08.760]  to $410 million or something crazy recently, and my situation plows that exactly, almost
[01:54:08.760 --> 01:54:10.760]  exactly as a precedent-setting.
[01:54:10.760 --> 01:54:15.080]  I said, go ahead and tell me, who is this company that rejected me?
[01:54:15.080 --> 01:54:17.040]  I want to know who rejected me.
[01:54:17.040 --> 01:54:19.240]  You have information on this company that rejected me?
[01:54:19.240 --> 01:54:21.880]  Oh, they finally give me this notice.
[01:54:21.880 --> 01:54:22.880]  Notice of action.
[01:54:22.880 --> 01:54:24.960]  I have it in front of me.
[01:54:24.960 --> 01:54:30.720]  Notice of action based on information contained in the Consumer Report, who regret we cannot
[01:54:30.720 --> 01:54:41.880]  open account today after a view of information provided by Check Systems, that's the C-H-E-X-S-Y-S-T-E-M-S
[01:54:41.880 --> 01:54:49.880]  Incorporated, a Consumer Reporting Agency governed by the Fair Credit Reporting Act,
[01:54:49.880 --> 01:54:57.320]  and other laws which provides deposit account verification services to its financial institution
[01:54:57.320 --> 01:54:58.320]  members.
[01:54:58.320 --> 01:55:04.880]  Check Systems neither approves nor declines accounts for banks and credit unions and cannot
[01:55:04.880 --> 01:55:08.760]  provide specific reasons why an account cannot be opened.
[01:55:08.760 --> 01:55:11.160]  Now, there's other garbage in here.
[01:55:11.160 --> 01:55:17.680]  You have the right to dispute this, but if you do, you have to give them all your personal
[01:55:17.680 --> 01:55:21.120]  information and then it shows on the bottom.
[01:55:21.120 --> 01:55:27.040]  By submitting your personal information to Check Systems, you acknowledge your agreement
[01:55:27.040 --> 01:55:32.760]  to provide accurate identifying information and your understanding that Check Systems
[01:55:32.760 --> 01:55:39.640]  may access, store, and use this information to the extent permitted by law.
[01:55:39.640 --> 01:55:42.960]  So, what kind of fool use this?
[01:55:42.960 --> 01:55:50.000]  He's going to a bank just to open up an account and they'll run a credit check on you, and
[01:55:50.000 --> 01:55:52.600]  of course, I mean, it's just insane.
[01:55:52.600 --> 01:56:00.480]  I mean, to what level are they taking this privacy violation to extremes and what can
[01:56:00.480 --> 01:56:02.880]  we do about it?
[01:56:02.880 --> 01:56:08.560]  I've never heard of such a thing, at least for us in doing a credit check on you.
[01:56:08.560 --> 01:56:12.400]  Until this happened to me several couple of days ago, and it was mind-blowing.
[01:56:12.400 --> 01:56:17.360]  I said, you're denying me to open up an account where I'm going to give you money?
[01:56:17.360 --> 01:56:18.680]  Excuse me?
[01:56:18.680 --> 01:56:19.680]  I'm not borrowing money.
[01:56:19.680 --> 01:56:20.680]  You think?
[01:56:20.680 --> 01:56:26.680]  I'm going to give you money to open up a little account, and now you're denying me.
[01:56:26.680 --> 01:56:31.120]  There's a credit system within a credit system.
[01:56:31.120 --> 01:56:33.920]  This Check Systems somehow is tied in.
[01:56:33.920 --> 01:56:39.120]  So, I asked them, I said, well, is this tied in with the Federal Reserve System?
[01:56:39.120 --> 01:56:42.680]  They said, yes, and is this FDRC approved?
[01:56:42.680 --> 01:56:49.640]  Yes, and then they had a little government kind of plaque, and I can't remember for the
[01:56:49.640 --> 01:56:53.200]  life of the acronym of something that states with the government.
[01:56:53.200 --> 01:56:58.320]  So, the government is involved in this, and apparently, that's why I asked them, I said,
[01:56:58.320 --> 01:57:03.360]  so you're telling me that because I live in the Bank of America, the government is stopping
[01:57:03.360 --> 01:57:07.200]  you from allowing me to open up an account or something like this.
[01:57:07.200 --> 01:57:14.360]  They said, you're refusing to open an account for me under business that I never conducted
[01:57:14.360 --> 01:57:20.520]  with you, that I have at odds, and I am encouraged to speak with, and you're refusing to open
[01:57:20.520 --> 01:57:27.200]  up an account for me, where it's not a loan, you have nothing to risk, there's no risk.
[01:57:27.200 --> 01:57:32.960]  That sounds like they harmed you because you exercised a right to petition the courts for
[01:57:32.960 --> 01:57:36.440]  redress of grievance.
[01:57:36.440 --> 01:57:41.320]  It doesn't this have to do with an action you took against Wells Fargo, I mean the Bank
[01:57:41.320 --> 01:57:42.320]  of America?
[01:57:42.320 --> 01:57:47.240]  Well, several actions, number one, they stole my property, flat out stole it, I mean, you
[01:57:47.240 --> 01:57:50.280]  know the story behind that, I'll get into it another time, I don't want to open that
[01:57:50.280 --> 01:57:51.280]  can of worms.
[01:57:51.280 --> 01:57:57.720]  But they also booked an account on me, where they charged me $35 insufficient fund fees,
[01:57:57.720 --> 01:58:05.680]  where they never paid out of dime on the amount that came in for payment, so what they did
[01:58:05.680 --> 01:58:10.600]  was they did only accounting, they showed the accounting that the property that they
[01:58:10.600 --> 01:58:11.600]  paid it for.
[01:58:11.600 --> 01:58:16.680]  Okay, wait, I'm, hold on, I'm sorry, we have run completely out of time.
[01:58:16.680 --> 01:58:17.680]  Okay, Ron.
[01:58:17.680 --> 01:58:21.680]  Okay, we'll call back in next Thursday.
[01:58:21.680 --> 01:58:29.080]  Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig, we are finishing up our four
[01:58:29.080 --> 01:58:34.640]  hour info marathon, we want to thank you all for listening, and apologize for the spass
[01:58:34.640 --> 01:58:39.920]  we were at the beginning, that is the longest breakdown I ever remember us having, and all
[01:58:39.920 --> 01:58:45.640]  the time we've been on the radio, and we will do everything we can to keep that from happening
[01:58:45.640 --> 01:58:46.640]  again.
[01:58:46.640 --> 01:58:54.040]  So, make sure you listen in Monday for Eddie's traffic show, and we'll see you again Thursday
[01:58:54.040 --> 01:58:55.040]  and Friday.
[01:58:55.040 --> 01:59:00.280]  Thank you for listening, and good night.
[01:59:00.280 --> 01:59:06.360]  Bibles for America is offering absolutely free a unique study Bible called the New Testament
[01:59:06.360 --> 01:59:07.560]  Recovery Version.
[01:59:07.560 --> 01:59:12.520]  The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible
[01:59:12.520 --> 01:59:18.200]  says verse by verse, helping you to know God, and to know the meaning of life.
[01:59:18.200 --> 01:59:21.520]  Order your free copy today from Bibles for America.
[01:59:21.520 --> 01:59:30.480]  Call us toll free at 888-551-0102, or visit us online at bfa.org.
[01:59:30.480 --> 01:59:36.000]  This translation is highly accurate, and it comes with over 13,000 cross references, plus
[01:59:36.000 --> 01:59:40.040]  charts and maps, and an outline for every book of the Bible.
[01:59:40.040 --> 01:59:42.560]  This is truly a Bible you can understand.
[01:59:42.560 --> 01:59:50.960]  To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102.
[01:59:50.960 --> 01:59:58.560]  Or visit us online at bfa.org.