ROL_2012-07-06_16k_Hr1-2.timecode

[00:00.000 --> 00:04.760]  What's a birthday party without balloons and whistles?
[00:04.760 --> 00:06.960]  A European birthday party, that's what.
[00:06.960 --> 00:12.040]  I'm Dr. Kauffern Albrecht and I'll tell you how the EU's uptight regulators are putting
[00:12.040 --> 00:15.480]  it into childhood fun next.
[00:15.480 --> 00:17.080]  Privacy is under attack.
[00:17.080 --> 00:20.680]  When you give up data about yourself, you'll never get it back again.
[00:20.680 --> 00:25.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:25.440 --> 00:30.400]  So protect your rights, say no to surveillance and keep your information to yourself.
[00:30.400 --> 00:33.200]  Privacy, it's worth hanging onto.
[00:33.200 --> 00:37.520]  This public service announcement is brought to you by StartPage.com, the private search
[00:37.520 --> 00:41.000]  engine alternative to Google, Yahoo, and Bing.
[00:41.000 --> 00:44.000]  Start over with StartPage.
[00:44.000 --> 00:45.560]  Talk about a party pooper.
[00:45.560 --> 00:50.560]  In the name of child safety, the European Union has made it a crime for kids to use party
[00:50.560 --> 00:56.040]  whistles, blow up balloons, and catch magnetic fish at parties, and the fear-mongering doesn't
[00:56.040 --> 00:57.040]  stop there.
[00:57.040 --> 01:01.640]  EU bureaucrats say toy noisemakers with long paper tongues are dangerous.
[01:01.640 --> 01:06.320]  They've banned all teddy bears unless they're washable and they're controlling the sounds
[01:06.320 --> 01:08.280]  made by rattles and toy instruments.
[01:08.280 --> 01:13.480]  Next thing you know, European kids will be celebrating their birthdays in padded cells
[01:13.480 --> 01:17.760]  for their own protection, of course, but these rules aren't so surprising if you think about
[01:17.760 --> 01:18.760]  it.
[01:18.760 --> 01:21.840]  For example, we know how much those regulators hate whistleblowers.
[01:21.840 --> 01:32.360]  Like Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:32.360 --> 01:37.360]  Bad economic times are hurting more than employment, they're also hurting education.
[01:37.360 --> 01:41.880]  Now some schools are dropping Fridays and offering four-day school weeks instead.
[01:41.880 --> 01:46.560]  Like Dr. Catherine Albrecht, and I'll be back to describe the trend.
[01:46.560 --> 01:48.800]  Privacy is under attack.
[01:48.800 --> 01:52.560]  When you give up data about yourself, you'll never get it back again, and once your privacy
[01:52.560 --> 01:56.560]  is gone, you'll find your freedoms will start to vanish too.
[01:56.560 --> 01:58.000]  So protect your rights.
[01:58.000 --> 02:01.800]  Say no to surveillance and keep your information to yourself.
[02:01.800 --> 02:04.320]  Privacy, it's worth hanging on to.
[02:04.320 --> 02:08.640]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.640 --> 02:12.120]  engine alternative to Google, Yahoo, and Bing.
[02:12.120 --> 02:15.680]  Start over with StartPage.
[02:15.680 --> 02:20.880]  In Chicago, educators want to add school days to prepare kids for today's competitive
[02:20.880 --> 02:21.880]  workplace.
[02:21.880 --> 02:24.920]  But in the rural West, schools are going the other way.
[02:24.920 --> 02:28.360]  They're dropping classes on Fridays due to budget cuts.
[02:28.360 --> 02:33.280]  From South Dakota to Colorado, districts are moving to a four-day week to save money for
[02:33.280 --> 02:35.840]  programs like afterschool sports.
[02:35.840 --> 02:40.240]  To soften the blow, some schools are lengthening the four remaining days and shortening lunch
[02:40.240 --> 02:41.240]  breaks.
[02:41.240 --> 02:45.400]  If kids spend that fifth day doing something productive, I'm all for it.
[02:45.400 --> 02:46.400]  Who knows?
[02:46.400 --> 02:48.840]  Maybe parents will take over where the schools leave off.
[02:48.840 --> 03:16.920]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[03:18.840 --> 03:34.440]  All right, folks, good evening.
[03:34.440 --> 03:37.240]  This is the Friday Night Rural Law Radio Show.
[03:37.240 --> 03:40.240]  It is July 6, 2012.
[03:40.240 --> 03:45.640]  This is our four-hour info marathon Friday Night Show.
[03:45.640 --> 03:46.800]  Eddie Craig is here.
[03:46.800 --> 03:47.800]  Randy Kelton is here.
[03:47.800 --> 03:49.920]  The endeavor is off tonight.
[03:49.920 --> 03:54.360]  Okay, we don't have anything specific that Randy wants to go into dealing with mortgages
[03:54.360 --> 04:00.240]  tonight, so I'm going to work a few minutes and we're going to go over exactly why we
[04:00.240 --> 04:04.640]  should know two things about the way that the Texas government is attempting to prevent
[04:04.640 --> 04:10.560]  us as a people from maintaining control of our own lives.
[04:10.560 --> 04:15.560]  One of those ways is in depriving us of assistance of counsel in the courts, especially when
[04:15.560 --> 04:22.520]  it's counsel of our choice under the guise of unauthorized practice of law, and the other
[04:22.520 --> 04:29.200]  is when it comes to city and county ordinances over who we actually authorized to create
[04:29.200 --> 04:36.800]  law that's binding upon us versus administrative law that has nothing at all to do with us.
[04:36.800 --> 04:42.320]  Okay, when we went down today, just in case no one but Larry and I knew this, which I'm
[04:42.320 --> 04:44.520]  pretty sure were the only ones that did.
[04:44.520 --> 04:50.160]  I went down to the county court at law number one today in Travis County to file my transcript
[04:50.160 --> 04:51.160]  on my appeal.
[04:51.160 --> 04:56.680]  They finally notified us last week that the municipal court had finally forwarded my records
[04:56.680 --> 05:01.360]  that I paid for to the county court at law for my appeal.
[05:01.360 --> 05:03.560]  They're over a month late.
[05:03.560 --> 05:09.200]  Of course, had that been me, you know, I would have lost any opportunity at appeal for being
[05:09.200 --> 05:10.440]  a month late.
[05:10.440 --> 05:15.640]  But because it's the state who already has their insidious sticky little hands on the
[05:15.640 --> 05:21.120]  bond, they want to delay it going to appeal as long as possible so that they can keep
[05:21.120 --> 05:26.840]  that bond money in circulation, drawing interest and working for them instead of for me out
[05:26.840 --> 05:29.440]  of my pocket where it should be.
[05:29.440 --> 05:32.960]  So that's going to be another issue that we bring up when we go after them in the federal
[05:32.960 --> 05:33.960]  court.
[05:33.960 --> 05:41.400]  But right now, I want to go into exactly what they post down where the clerks work.
[05:41.400 --> 05:45.880]  When you go down, there is a sign that sits on the counter at the county court at law
[05:45.880 --> 05:51.920]  and it specifically reads, the clerks cannot and will not provide you with legal advice
[05:51.920 --> 05:57.640]  pursuant Texas government code section 81.101.
[05:57.640 --> 06:06.080]  Now I want to read you what is in 81.101 and subsection A it reads, in this chapter, the
[06:06.080 --> 06:12.680]  practice of law means the preparation of a pleading or other document incident to an
[06:12.680 --> 06:18.600]  action or special proceeding or the management of the action or proceeding on behalf of a
[06:18.600 --> 06:24.840]  client before a judge in court as well as a service rendered out of court, including
[06:24.840 --> 06:29.640]  the giving of advice or the rendering of any service requiring the use of a legal skill
[06:29.640 --> 06:36.520]  or knowledge such as preparing a will, contract or other instrument, the legal effect of which
[06:36.520 --> 06:41.720]  under the facts and conclusions involved must be carefully determined.
[06:41.720 --> 06:47.200]  Subsection B, the definition in this section is not exclusive and does not deprive the judicial
[06:47.200 --> 06:52.740]  branch of the power and authority under both this chapter and the adjudicated cases to
[06:52.740 --> 06:58.440]  determine whether other services and acts not enumerated may constitute the practice
[06:58.440 --> 06:59.800]  of law.
[06:59.800 --> 07:04.920]  In this chapter the practice of law does not include the design, creation, publication,
[07:04.920 --> 07:12.240]  distribution, display or sale including publication, distribution, display or sale by means of
[07:12.240 --> 07:18.360]  an internet website of written materials, books, forms, computer software or similar
[07:18.360 --> 07:24.320]  products if the products clearly and conspicuously state that the products are not a substitute
[07:24.320 --> 07:26.440]  for the advice of an attorney.
[07:26.440 --> 07:30.840]  This subsection does not authorize the use of the product or similar media in violation
[07:30.840 --> 07:36.920]  of chapter 83 and does not affect the applicability and forcibility of that chapter.
[07:36.920 --> 07:44.560]  Now correct me if I'm wrong but it is the legislature who creates law, not the judiciary
[07:44.560 --> 07:48.200]  despite what they would like us to actually believe.
[07:48.200 --> 07:54.280]  Their job is to interpret only such law as enacted by the legislature.
[07:54.280 --> 07:58.800]  They can't create new law.
[07:58.800 --> 08:05.360]  Therefore if the legislature has not created a statute specifying what this practice of
[08:05.360 --> 08:13.600]  law is then the court can't go outside and create an expansive meaning beyond the scope
[08:13.600 --> 08:15.720]  of any legislative enactment.
[08:15.720 --> 08:22.160]  To do so is giving the court the power to legislate and that's simply not the power
[08:22.160 --> 08:23.160]  it has.
[08:23.160 --> 08:26.840]  Now Randy would you agree or disagree with that?
[08:26.840 --> 08:31.040]  Well actually of course I would agree.
[08:31.040 --> 08:34.680]  I mean that's kind of the say yes question.
[08:34.680 --> 08:43.560]  This is a difficult area because it certainly appears that this statute goes far beyond
[08:43.560 --> 08:54.960]  the media but it goes into areas that would tend to make it relatively impossible for
[08:54.960 --> 08:59.240]  anyone to say anything about law.
[08:59.240 --> 09:08.360]  If someone is engaged, involved in any kind of a legal issue the way this leads is that
[09:08.360 --> 09:12.360]  nobody can say anything about it.
[09:12.360 --> 09:15.520]  You can't give anyone any kind of advice.
[09:15.520 --> 09:21.800]  You can't talk to them about something legal or you're giving them a legal advice.
[09:21.800 --> 09:26.960]  The way I read the statute and this is unreasonable.
[09:26.960 --> 09:34.560]  Yeah this again is specific authorization to conduct a monopoly on the practice of law.
[09:34.560 --> 09:37.800]  That's exactly what this is going into.
[09:37.800 --> 09:40.760]  This goes beyond the practice of law.
[09:40.760 --> 09:47.720]  It says you can't be a paralegal in Texas.
[09:47.720 --> 09:48.720]  Pretty much.
[09:48.720 --> 09:58.840]  This doesn't exempt you from designing, creating legal documents for a lawyer.
[09:58.840 --> 10:07.080]  It says you can't create these documents so that would make it illegal to be a paralegal.
[10:07.080 --> 10:11.000]  Here's what I want to get into.
[10:11.000 --> 10:16.720]  This statute specifically references chapter 83 of the government code and it is specifically
[10:16.720 --> 10:27.560]  titled government code title to judicial branch subtitle G attorneys chapter 83 certain
[10:27.560 --> 10:30.400]  unauthorized practice of law.
[10:30.400 --> 10:36.320]  This would appear under this subtitle to be specifically directed at attorneys.
[10:36.320 --> 10:42.400]  How then could it be applicable to a layman that is not a licensed attorney?
[10:42.400 --> 10:50.760]  But let's get into what it shows here section 83.001 prohibited acts subsection A. A person
[10:50.760 --> 10:57.520]  other than a person described in subsection B. And it specifically says in subsection
[10:57.520 --> 11:04.920]  B this section does not apply to one an attorney licensed in this state to a licensed real
[11:04.920 --> 11:10.200]  estate broker or sales person performing the acts of a real estate broker pursuant to chapter
[11:10.200 --> 11:16.760]  1101 occupations code or three a person performing acts relating to a transaction for the lease
[11:16.760 --> 11:24.080]  seller transfer of any mineral or mining interest in real property.
[11:24.080 --> 11:28.960]  That means any person performing acts relating to the transaction lease or sale or transfer
[11:28.960 --> 11:34.600]  of mineral or mining interest in real property but not the real property itself.
[11:34.600 --> 11:36.840]  Let's go into this a little bit more.
[11:36.840 --> 11:41.960]  A person other than a person described in subsection B may not charge or receive either
[11:41.960 --> 11:48.040]  directly or indirectly any compensation for all or any part of the preparation of a legal
[11:48.040 --> 11:56.320]  instrument affecting title to real property including a deed deed of trust note mortgage
[11:56.320 --> 12:07.160]  and transfer or release of a lien okay three a person or I'm sorry subsection C of section
[12:07.160 --> 12:13.280]  83.001 this section does not prevent a person from seeking reimbursement for costs incurred
[12:13.280 --> 12:17.480]  by the person to retain a licensed attorney to prepare an instrument.
[12:17.480 --> 12:25.360]  And then you go down through the rest of this okay and all it is is just forms expenses
[12:25.360 --> 12:33.360]  cumulative remedies remedies recovery and then 83.006 unauthorized practice of law a violation
[12:33.360 --> 12:38.800]  of this chapter constitutes the unauthorized practice of law and may be enjoined by a court
[12:38.800 --> 12:44.040]  of competent jurisdiction doesn't say that they can criminally charge you it says they
[12:44.040 --> 12:48.560]  can enjoin you from doing it.
[12:48.560 --> 13:00.280]  That is interesting because we have a acquaintance who was in the business of preparing wits
[13:00.280 --> 13:06.640]  of habeas corpus for people and charging them for it.
[13:06.640 --> 13:14.160]  And the courts would ask for him for that and enjoined him to stop doing it.
[13:14.160 --> 13:21.160]  Yeah and see the problem is is that this right here a violation of this chapter and that
[13:21.160 --> 13:28.800]  is strictly chapter 83 and the only thing chapter 83 does not that prevents anyone from doing
[13:28.800 --> 13:35.040]  other than an attorney or an insurance or real estate broker is affecting they can't
[13:35.040 --> 13:41.440]  do any legal instrument affecting title to real property which would include a deed deed
[13:41.440 --> 13:47.960]  of trust note mortgage and transfer or release of a lien that's all that's in this chapter
[13:47.960 --> 13:53.960]  that's all they can enjoin in this chapter they can't do anything criminal there's absolutely
[13:53.960 --> 14:00.040]  nothing on the criminal side that allows them to have any effect whatsoever on what you
[14:00.040 --> 14:06.680]  do and a habeas by its nature is criminal.
[14:06.680 --> 14:12.080]  So when you look at what's in chapter 81 and you look at what's here in chapter 83 the
[14:12.080 --> 14:21.400]  court is being granted a license by the legislature to legislatively create other areas where
[14:21.400 --> 14:28.680]  these statutes take effect outside of the language that's in the statute itself.
[14:28.680 --> 14:32.560]  And I have a very large problem with that.
[14:32.560 --> 14:39.840]  Now when you go to the penal code you can look at 39.02 and 39.03 39.02 is holding one
[14:39.840 --> 14:48.800]  self out to be a lawyer that's a crime and then 39.03 unauthorized practice of law there
[14:48.800 --> 14:55.880]  it goes into what is criminal in the unauthorized practice of law not everything that they would
[14:55.880 --> 15:03.160]  call unauthorized practice of law is criminal only those things that are listed in the penal
[15:03.160 --> 15:08.720]  code section are criminal as we just saw here in chapter 83 of the government code they
[15:08.720 --> 15:14.140]  can enjoin you but they can't criminally charge you they can't even sue you beyond the point
[15:14.140 --> 15:19.640]  of injunction they can't sue you for money or anything like that they're not authorized
[15:19.640 --> 15:23.360]  to do that.
[15:23.360 --> 15:28.320]  I mean the things they're getting away with in the court is they're basically protecting
[15:28.320 --> 15:33.320]  the state bar monopoly there's no question of that because there's nothing in the law
[15:33.320 --> 15:40.800]  whatsoever dealing with performing these actions on the criminal side of the house there's nothing
[15:40.800 --> 15:46.440]  dealing with these actions for anything in a civil case as long as it doesn't violate
[15:46.440 --> 15:56.360]  39.03 and every time everything in 39.03 deals with personal injury damage recovery
[15:56.360 --> 16:00.160]  and I'll give that to you.
[16:00.160 --> 16:07.480]  You may restate the complete citation to that statute.
[16:07.480 --> 16:08.480]  Which one?
[16:08.480 --> 16:15.280]  The chapter 83 statute I looked at chapter 83 and I'm going to cosmology the government
[16:15.280 --> 16:25.440]  code okay chapter 83 of the government code okay thank you and sorry for the interruption
[16:25.440 --> 16:32.800]  oh no problem okay now when we start going through this in the penal code and I'm sorry
[16:32.800 --> 16:37.640]  if I said code criminal procedure I meant penal code oh we're going to take a break
[16:37.640 --> 16:43.320]  real quick alright folks we're going to break this is rule of law radio call in number is
[16:43.320 --> 16:50.320]  five one two six four six nineteen eighty four okay this is Eddie Craig Randy Kelton
[16:50.320 --> 16:55.080]  Debra Stephens Friday night four hour info marathon we're going to continue this on the
[16:55.080 --> 17:00.920]  other side we'll be right back after the break.
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[19:27.880 --> 19:37.960]  right folks we are back this is rule of law radio call in number five one two six four
[19:37.960 --> 19:43.000]  six nineteen eighty four and really there was something you were commenting on over
[19:43.000 --> 19:51.640]  the break about these things yes it's a matter of fact it was right now i'm doing a lot of
[19:51.640 --> 20:02.320]  work in evaluating legal documents and from the in the mortgage area what i have come
[20:02.320 --> 20:11.920]  to focus on is strictly the documents that are filed in the county record all the jumping
[20:11.920 --> 20:16.320]  up and down and waving their arms and everybody's been doing about the improper filing the
[20:16.320 --> 20:24.440]  proper documentation you show me the note prove up your chain of title well the only
[20:24.440 --> 20:31.840]  place we have to go to look for chain of title is in the county record if it's not filed
[20:31.840 --> 20:37.560]  there it doesn't exist we don't care what the lawyer comes up with so we go look in
[20:37.560 --> 20:44.920]  the county record for what's in there and if looking at this prohibited acts a person
[20:44.920 --> 20:50.640]  other than a person described in section b may not charge or receive either directly
[20:50.640 --> 20:56.400]  or indirectly any compensation for all the report of the preparation of a legal instrument
[20:56.400 --> 21:07.280]  affecting title to real property including a deed a deed of trust a note a mortgage and
[21:07.280 --> 21:16.880]  transfer offer or lease of lean now when i look in the county record i find lots of
[21:16.880 --> 21:28.840]  transfers that are done by some person claiming to be acting as an agent for murders no indication
[21:28.840 --> 21:38.800]  that they are a lawyer no indication even that they have power of attorney which is
[21:38.800 --> 21:48.480]  also in the probate code under 489 of the probate code that section is entitled the
[21:48.480 --> 21:57.600]  texas power of attorney act it very specifically says that in order for someone to file a warranty
[21:57.600 --> 22:08.800]  deed deed of trust assignment release of lean they must have a power of attorney filed in
[22:08.800 --> 22:18.840]  the county record that is a specific statutory requirement it is not an option i have never
[22:18.840 --> 22:26.080]  seen the first power of attorney filed in the court record except for one that a friend
[22:26.080 --> 22:33.760]  of mine filed himself says we look at these details these are the kind of details that
[22:33.760 --> 22:44.600]  we can take to a local district judge and say here's the document here within the four
[22:44.600 --> 22:52.840]  corners of the document are these problems we have this signature here and even if the
[22:52.840 --> 23:04.760]  signature states that this person is an attorney big deal if there is not a notice in the county
[23:04.760 --> 23:14.520]  record that this lawyer is acting as a lawyer for this client generally lawyers can do this
[23:14.520 --> 23:23.400]  in a trial case is ill file a notice to the court of appearance for the client and that
[23:23.400 --> 23:32.040]  effectively amounts to satisfaction of the power of attorney act if you're not an attorney
[23:32.040 --> 23:37.960]  you'd have to have a specific power of attorney filed so if there is not a notice by this
[23:37.960 --> 23:43.760]  attorney that he's representing this client in this case and he's not acting as a licensed
[23:43.760 --> 23:48.160]  attorney he's acting in a private passage and if there's not a power of attorney otherwise
[23:48.160 --> 23:53.320]  filed in the case none of these documents are valid and you can ask the court to rule
[23:53.320 --> 24:01.960]  understanding law that this document does not meet the standing rules for filing in
[24:01.960 --> 24:08.160]  the county record and ask the court to rule that it is void and of no force in effect
[24:08.160 --> 24:14.320]  if you have been foreclosed on and you look in the court record and you find one of these
[24:14.320 --> 24:24.160]  documents that have this insufficiency I suggest you take it to the court under 51.903 if you're
[24:24.160 --> 24:29.680]  in Texas that's a specific procedure they put this in to stop the Republic of Texas
[24:29.680 --> 24:38.800]  filing liens against public officials but everybody gets to use it and that establishes
[24:38.800 --> 24:45.080]  procedure for an ex parte hearing no need a part it has to be there you file the documents
[24:45.080 --> 24:51.120]  and if you show in the face of the document based on the four corners of the document
[24:51.120 --> 25:00.320]  that it is insufficient doesn't meet the rules required for filing and the court has a duty
[25:00.320 --> 25:05.480]  to strike the document you can't remove it from the court record nothing can be removed
[25:05.480 --> 25:13.440]  from the court record once it's filed in there but you can file a order rendering the document
[25:13.440 --> 25:19.560]  void and of no force in effect and the judge would have to do that if you can get any one
[25:19.560 --> 25:28.480]  of those documents ruled of void and of no force in effect there are a couple of remedies
[25:28.480 --> 25:37.440]  one remedy is to sue the bank and a lot of people really are up to that remedy if you
[25:37.440 --> 25:47.960]  had a foreclosure between January 1st 2009 and December 31st 2010 then you can file with
[25:47.960 --> 25:57.520]  the Office of the Comptroller of the Currency as they entered into a settlement agreement
[25:57.520 --> 26:05.400]  with most of the major banks and major loan servicers and if you can show that you were
[26:05.400 --> 26:12.160]  subject to a foreclosure based on a fraudulent document they will reimburse you anywhere between
[26:12.160 --> 26:25.080]  $15,000 and $125,000 based on this settlement that they entered into with the Synteges so
[26:25.080 --> 26:30.880]  I keep suggesting everybody go down to the court record and have yourself a look you
[26:30.880 --> 26:38.760]  may be surprised what you find in there yeah I apologize folks I've been saying 39.0203
[26:38.760 --> 26:47.280]  it's 38.122 and 123 of the penal code my bad I've got some things going on here but anyway
[26:47.280 --> 26:52.360]  let me read these to you in the penal code and tell me if you recognize any of these
[26:52.360 --> 26:58.720]  as being something that would go on in every criminal case or only a particular type of
[26:58.720 --> 27:07.560]  case section 38.122 falsely holding oneself out as a lawyer subsection a a person commits
[27:07.560 --> 27:14.120]  an offense if with intent to obtain an economic benefit for himself or herself the person
[27:14.120 --> 27:20.520]  holds himself or herself out as a lawyer unless he or she is currently licensed to practice
[27:20.520 --> 27:26.880]  law in this state another state or a foreign country and is in good standing with the State
[27:26.880 --> 27:32.120]  Bar of Texas and the State Bar or Licensing Authority of any and all other states and
[27:32.120 --> 27:39.480]  foreign countries where licensed subsection b an offense under subsection a of this section
[27:39.480 --> 27:45.480]  is a felony of the third degree subsection c final conviction of falsely holding oneself
[27:45.480 --> 27:51.000]  out to be a lawyer is the serious crime for all purposes and acts specifically including
[27:51.000 --> 27:59.280]  the State Bar rules this section of the penal code was added in 1993 now there's a couple
[27:59.280 --> 28:05.120]  of problems with the language in this if you go to chapter 311 it specifically says that
[28:05.120 --> 28:14.000]  when they use the masculine form of anything in a statutory writing that that encompasses
[28:14.000 --> 28:24.080]  both genders or all genders within that masculine statement of he or him or so on and so forth
[28:24.080 --> 28:29.800]  here I guarantee you the State Bar wrote this and again they didn't bother to read the law
[28:29.800 --> 28:37.000]  on statutory construction at all because as you noticed they specifically put in himself
[28:37.000 --> 28:46.520]  herself he or she the masculine form representing both genders is not used as it would be if
[28:46.520 --> 28:51.960]  they had read the legislative drafting manual that the legislators get their legislators
[28:51.960 --> 28:57.120]  get their hands on when they first get elected so that right there tells you that whoever
[28:57.120 --> 29:03.920]  wrote this statute a never read the legislative drafting manual b doesn't understand statutory
[29:03.920 --> 29:12.040]  construction which definitely throws lawyers in the mix now let's go to section 38.123 the
[29:12.040 --> 29:19.960]  unauthorized practice of law tell me how many specific offenses you find defined here subsection
[29:19.960 --> 29:27.480]  a a person commits an offense if with intent to obtain an economic benefit for himself
[29:27.480 --> 29:34.280]  or herself the person won well there goes the music again so we'll pick this up on the
[29:34.280 --> 29:39.800]  other side of the break one more time this is rule of law radio with Randy Kelton Eddie
[29:39.800 --> 29:47.200]  Craig Deborah Stevens call in number 5126461984 we are going to get through this before we
[29:47.200 --> 29:51.160]  start answering calls we do not have any on the board right now but the phones are open
[29:51.160 --> 29:55.040]  if you want to go ahead and get in line but you will be on hold for a little bit we'll
[29:55.040 --> 30:03.960]  be right back after the break folks this is building 7 a 47 story skyscraper that fell
[30:03.960 --> 30:09.120]  on the afternoon of September 11 the government says that fire brought it down however 1500
[30:09.120 --> 30:13.840]  architects and engineers have concluded it was a controlled demolition over 6000 my fellow
[30:13.840 --> 30:17.760]  service members have given their lives of thousands of my fellow first responders of
[30:17.760 --> 30:22.240]  dying i'm not a conspiracy theorist structural engineer new york city correctional i'm an
[30:22.240 --> 30:27.200]  air force pilot i'm the father who lost his son we're americans and we deserve the truth
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[31:02.440 --> 31:08.000]  listen to 90.1 FM but finding things on the internet isn't so easy and neither is finding
[31:08.000 --> 31:12.240]  like-minded people to share it with oh well i guess you haven't heard of brave new books
[31:12.240 --> 31:17.640]  then brave new books yes brave new books has all the books and DVDs you're looking for
[31:17.640 --> 31:22.880]  by authors like alex jones ron paul and geobratt griffin they even stock inner food burkey
[31:22.880 --> 31:28.960]  products and calvin soaps there's no way a place like that is go check it out for yourself
[31:28.960 --> 31:35.560]  it's downtown at 1904 guano lupay street just south of ut by ut there's never anywhere to
[31:35.560 --> 31:40.520]  park down there actually they now offer a free hour of parking for paying customers at the
[31:40.520 --> 31:48.280]  500 mlk parking facility just behind the bookstore it does exist but when are they open monday
[31:48.280 --> 31:56.640]  through saturday 11 a.m. to 9 p.m. and 1 to 6 p.m. on sundays so give them a call at 512-480-2503
[31:56.640 --> 32:07.760]  or check out their events page at bravenewbookstore.com yeah i got that one rent and i'm gonna
[32:07.760 --> 32:20.880]  solve that to the head of government then prosecute them okay alright folks we are back
[32:20.880 --> 32:27.120]  this is rule of law radio this is our friday night before our info marathon we are live
[32:27.120 --> 32:39.280]  tonight again july 6 2012 we are reading section 38.122 and 38.123 of the texas penal code now
[32:39.280 --> 32:44.720]  the first part of both of these sections of statute pay close attention to what they say
[32:44.720 --> 32:51.600]  a person commits an offense if with a with the intent to obtain an economic benefit for
[32:51.600 --> 32:59.280]  himself or herself in other words if the person is seeking to get paid to perform the following
[32:59.280 --> 33:07.440]  acts now the way this is written you can sit there and call yourself a lawyer all day long
[33:07.440 --> 33:16.400]  as long as nobody's paying you to do it now think about that because it specifically says
[33:16.400 --> 33:22.400]  that the economic benefit is a necessary part of the charge if no one's paying you you can
[33:22.400 --> 33:26.800]  call yourself a lawyer till you turn blue and there's nothing they can do about it
[33:26.800 --> 33:34.000]  all right well the testing they can what could you do about it
[33:37.120 --> 33:42.400]  hmm well they would have to prove the economic benefit that's one of the necessary elements
[33:42.400 --> 33:49.520]  they would have to prove the intent to obtain an economic benefit if they can't do that they can't
[33:49.520 --> 33:59.600]  make it stick all right now let's go ahead and read 38.123 and again subsection a a person commits
[33:59.600 --> 34:06.000]  an offense if with intent to obtain an economic benefit for himself or herself the person one
[34:06.800 --> 34:14.000]  contracts with any person to represent that person with regard to personal causes of action
[34:14.000 --> 34:23.360]  for property damages or personal injury two advises any person as to the person's rights
[34:23.360 --> 34:32.160]  and the advisability of making claims for personal injuries or property damages three advises any
[34:32.160 --> 34:38.160]  person as to whether or not to accept and offered some of money in settlement of claims
[34:38.160 --> 34:46.480]  for personal injuries or property damages four enters into any contract with another
[34:46.480 --> 34:53.840]  person to represent that person in personal injury or property damage matters on a contingent
[34:53.840 --> 34:59.840]  fee basis with an attempted assignment of a portion of the person's cause of action or
[35:00.560 --> 35:06.720]  five enters into any contract with a third person which purports to grant the exclusive
[35:06.720 --> 35:12.480]  right to select and retain legal counsel to represent the individual in any legal proceeding
[35:13.520 --> 35:20.000]  subsection b this section does not apply to a person currently licensed to practice law in
[35:20.000 --> 35:26.000]  this state another state or a foreign country and in good standing with the state bar of
[35:26.000 --> 35:31.440]  texas and the state bar or licensing authority of any and all other states and foreign countries
[35:31.440 --> 35:38.560]  where licensed subsection c accept is provided by subsection d of this section and a fence under
[35:38.560 --> 35:44.640]  subsection a of this section is a class a misdemeanor subsection d and a fence under
[35:44.640 --> 35:48.880]  subsection a of this section is a felony of the third degree if it is shown on the trial of the
[35:48.880 --> 35:53.920]  offense that the defendant has been previously convicted under subsection a of this section
[35:53.920 --> 36:05.280]  okay so randy any comments on this yeah it should you know this is we've talked about before
[36:06.400 --> 36:12.800]  is the unauthorized practice of law only goes to personal injury property damage
[36:13.520 --> 36:17.520]  yep or the brokering of legal service for that act
[36:17.520 --> 36:25.680]  yeah so in in the end it only if your issue is not does not involve personal injury or
[36:25.680 --> 36:32.720]  property damage car wreck uh so many damaged your house and started to fire or something
[36:33.840 --> 36:41.840]  this doesn't apply yeah exactly this this is the only criminal offense for the unauthorized
[36:41.840 --> 36:48.800]  practice of law is what's right here and given that uh there to do conditions that absolutely
[36:48.800 --> 36:55.280]  must be met besides what's in sections one through five is that you must be doing it for the purpose
[36:55.280 --> 37:08.000]  of an economic benefit this is lawyers cash cow this is where they get to screw everybody and they
[37:08.000 --> 37:15.120]  don't want anybody else interfering with their gravy exactly if if some layman that knew the
[37:15.120 --> 37:21.520]  law came along said oh i'll do it for 50 bucks an hour he just cut the rate of the attorney by
[37:21.520 --> 37:27.760]  one third he will do a better job because he doesn't have to be afraid of the judge yanking his bar
[37:27.760 --> 37:35.440]  card he will fight tooth and nail to win the case because at 50 bucks an hour hey the more business
[37:35.440 --> 37:40.480]  he gets the better and everybody wants somebody that knows both what they're doing and is willing
[37:40.480 --> 37:45.760]  to fight regardless of what the judge threatens something you are not going to get with a lawyer
[37:45.760 --> 37:52.160]  in either instance they do not know the law if they know it they or at least when i say know it i
[37:52.160 --> 37:58.560]  mean they have read it it's almost a dead bank guarantee they didn't understand it and three
[37:58.560 --> 38:05.760]  they are not going to fight tooth and nail for the client when the judge controls their very livelihood
[38:05.760 --> 38:15.920]  through the bar card and sanctions so what is music yeah go ahead rain if you think that a lawyer
[38:17.040 --> 38:27.920]  is going to risk annoying the judge in order to vigorously adjudicate your case you are dreaming
[38:27.920 --> 38:36.880]  he would the lawyer would have to be out of his professional mind he is not going to do that
[38:39.360 --> 38:42.000]  absolutely that's how that cow ate that cabbage
[38:43.840 --> 38:50.640]  they can't even have a light cabbage okay the real the real issue here is not that lawyers
[38:50.640 --> 38:57.760]  can't properly adjudicate your case the issue here is that judges are corrupting out of control
[38:58.800 --> 39:04.800]  the judges are not corrupting out of control because lawyers haven't done their job
[39:06.240 --> 39:10.000]  judges are corrupting out of control because we haven't done our job
[39:10.000 --> 39:25.120]  i have a client in california that is filed our standard uh ruled who i mean the fdcpa suit
[39:27.040 --> 39:32.000]  the he filed it in the state court and the state court dismissed it with prejudice
[39:32.000 --> 39:39.600]  so he's filing the document asking the court for findings of fact and conclusions of law
[39:41.680 --> 39:48.080]  showing how he came to this decision indicating that the judge only has two duties in this court
[39:48.080 --> 39:53.280]  and that is to determine the facts in accordance with the rules of evidence then apply the law as
[39:53.280 --> 40:00.400]  it comes to him and him in the adjudication of those facts and you demand to know how he did it
[40:00.400 --> 40:06.720]  in the alternative if the judge refuses to provide the findings of fact and conclusions of law
[40:06.720 --> 40:13.840]  then we ask the judge to disqualify himself for committing acts of sedition against you the
[40:13.840 --> 40:23.680]  united states and official oppression against the client this is what we need to do this is
[40:23.680 --> 40:32.080]  how we keep our judges under control if we have a lawyer who's trying to adjudicate our case but
[40:32.080 --> 40:39.440]  will not address an issue because he's afraid of the judge then we need to go after the judge
[40:41.440 --> 40:48.720]  because we can't do that and if that judge says one word about this that's obstruction of justice
[40:48.720 --> 40:55.200]  tampering with the witness and it gets real serious for him really really fast the only way
[40:55.200 --> 41:01.360]  we're going to fix this is you and I and the checks and balances are in place for us to do it
[41:01.360 --> 41:07.680]  we just need to start doing it i'm sorry i got you off topic i will shut up now and let you get
[41:07.680 --> 41:14.320]  back on topic oh that's all right now in chapter 4 11 of the government code listen to how this
[41:14.320 --> 41:21.680]  reads section 411.1005 by the way if you search through all the texas statutes you will get
[41:21.680 --> 41:29.440]  exactly seven hits on the phrase unauthorized practice of law i encourage you to go read all
[41:29.440 --> 41:38.960]  seven of those sections this one is very telling 411.1005 access to criminal history record information
[41:38.960 --> 41:46.800]  state bar of texas subsection 8 the general counsel of the state bar of texas is entitled to
[41:46.800 --> 41:52.560]  obtain from the department meaning the department of polex safety criminal history record information
[41:52.560 --> 42:02.640]  maintained by the department that relates to a person who is one a person licensed by the state bar
[42:02.640 --> 42:12.160]  and who is the subject of or involved in an investigation of a professional misconduct
[42:12.160 --> 42:16.160]  relating to a grievance filed under the disciplinary rules of the state bar
[42:17.680 --> 42:27.040]  or the baritory the unauthorized practice of law or falsely holding oneself out as a lawyer in
[42:27.040 --> 42:40.320]  violation of subsection 38.12 38.122 or 38.123 penal code now folks what i want you to understand
[42:40.320 --> 42:51.520]  there is that this is specifically dealing with a person licensed by the state bar okay who is
[42:51.520 --> 43:00.320]  the subject of or involved in an investigation now get this to tell you once again that some moron
[43:00.320 --> 43:07.120]  wrote this you have it in in the very section itself subsection one it's saying that the person
[43:07.120 --> 43:13.680]  is someone that is already licensed by the state bar and is the subject of such an investigation
[43:13.680 --> 43:23.680]  and they can be charged with baritory or the unauthorized practice of law or falsely holding
[43:23.680 --> 43:30.560]  oneself out as a lawyer now if you're already licensed how can you commit unauthorized practice
[43:30.560 --> 43:38.800]  of law or falsely holding oneself out as a lawyer that doesn't make any sense the offense
[43:38.800 --> 43:44.400]  specifically says that it does not apply to someone who is licensed by the state and right
[43:44.400 --> 43:49.520]  here you have a statute that says that the person licensed by the state can be charged with it
[43:50.240 --> 43:55.840]  more idiocy in the legislature folks we'll pick this up on the other side this is rule of law radio
[43:55.840 --> 43:57.200]  we will be right back
[44:01.920 --> 44:07.200]  the oakland city bombing top 10 reasons to question the official story reason number two
[44:07.200 --> 44:13.040]  why was the atf a wall paramedic tiffani bible who was on the scene within five minutes
[44:13.040 --> 44:18.000]  has stated in an effort david that agents of the bureau of alcohol tobacco and firearms told her
[44:18.000 --> 44:22.720]  that they were not in the office that morning dnt kathleen mallet also overheard one agent say to
[44:22.720 --> 44:28.800]  another close is that why we got the page to not come in today in court chrusha is interviewed on
[44:28.800 --> 44:35.680]  kflor tv was also told by atf agents that they had been paid to not come into work the atf initially
[44:35.680 --> 44:40.720]  denied these claims and now variously claim that one of their agents was in a free falling elevator
[44:40.720 --> 44:44.880]  which has been disproven or that they'd been in an all-night stakeout or that they'd been in a
[44:44.880 --> 44:50.480]  golf tournament as they try to sort out their lives all we want to know is did the atf receive a
[44:50.480 --> 44:57.200]  warning and if so why did they not pass it on to others in the middle of more information go to
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[46:24.080 --> 46:32.960]  all right folks we are back this is rule of law radio calling number 512 646 9104 leslie we do see
[46:32.960 --> 46:38.240]  you on the board there hang on we will get with you in just a few moments anyway i want to continue
[46:38.240 --> 46:46.320]  on with this section 411.1005 of the texas government code and this thing is specifically
[46:46.320 --> 46:52.160]  saying that these criminal acts can be committed by someone licensed by the state when the criminal
[46:52.160 --> 46:59.040]  act itself specifically says that someone licensed by the state is exempt talk about your conflict
[46:59.040 --> 47:05.440]  of statutory requirements here but in any case when you read this a little further
[47:06.480 --> 47:13.040]  you also have subsection 2 a witness in any disciplinary action or proceeding conducted
[47:13.040 --> 47:20.240]  by the state bar the board of disciplinary appeals or any court or 3 an applicant for
[47:20.240 --> 47:27.040]  reinstatement to practice law subsection b information received by the state bar is confidential
[47:27.040 --> 47:33.120]  and may be disseminated only to one in a disciplinary action or proceeding conducted by the state
[47:33.120 --> 47:39.600]  bar the board of disciplinary appeals or any court or two with the consent of the person who is the
[47:39.600 --> 47:46.160]  subject of the criminal history record information subsection c the state bar shall destroy criminal
[47:46.160 --> 47:51.360]  history record information obtained under this section promptly after a final determination
[47:51.360 --> 47:58.880]  is made in the matter for which the information was obtained so as you can see they don't know
[47:58.880 --> 48:04.160]  what they're doing when they write these statutes they will create one section that conflicts with
[48:04.160 --> 48:10.800]  the other sections and then it's up to some idiotic bureaucrat calling himself a judge
[48:10.800 --> 48:18.160]  that actually wants the state bar to control this entire business and monopoly because he was there
[48:18.160 --> 48:24.480]  and he's allowed to go back there if he's not reelected he wants the state bar left in control
[48:25.040 --> 48:30.960]  that's why the judges were given control of all of this to determine what constitutes the
[48:30.960 --> 48:38.640]  unauthorized practice of law it's to protect their own wallets from being voted out of office
[48:38.640 --> 48:44.640]  if they get voted out they have to start working like normal people if they start working like
[48:44.640 --> 48:51.360]  normal people well they've got a problem don't they if they have a problem getting a job as a
[48:51.360 --> 48:57.360]  judge they have to go back to being a lawyer if they go back to being a lawyer well they're kind
[48:57.360 --> 49:04.800]  of hosed so that's really all it is to it it is protection of the existing monopoly because
[49:04.800 --> 49:09.680]  there is no law and these sections I've read you are all there is there aren't any others
[49:10.400 --> 49:14.640]  the only other ones are one of those seven that I talked about and the other two two of those
[49:14.640 --> 49:22.240]  deal with real estate brokers and all the rest of them we've gone into none of them apply to the
[49:22.240 --> 49:27.760]  general public none of them can be used to prevent assistance of counsel and a criminal
[49:27.760 --> 49:34.800]  in a criminal matter by a layperson acting as counsel yet they do it randy you were going to
[49:34.800 --> 49:51.840]  say some uh actually no but uh this is the thing of judge is not allowing anyone to speak in the
[49:51.840 --> 49:59.120]  court it clearly is in violation of constitution because constitution doesn't guarantee you the
[49:59.120 --> 50:08.000]  right to a professional lawyer of your choice it doesn't guarantee you the right to a lawyer
[50:09.440 --> 50:18.080]  it guarantees you the right to counsel and it doesn't say legal counsel it says counsel
[50:18.080 --> 50:26.000]  counsel of your choice and at this point the public is losing its confidence in
[50:27.120 --> 50:34.160]  bar card carrying lawyers uh they had someone recently in a lawyer's office waiting to see
[50:34.160 --> 50:41.920]  the attorney and there was a copy of the state bar magazine there and on the front page was an
[50:41.920 --> 50:53.040]  article about how the the courts were experiencing a dorm experiencing a dramatic increase in prosa
[50:53.040 --> 51:02.240]  litigants and they attributed that to the fact that the public was losing confidence in lawyers
[51:05.120 --> 51:09.120]  that I didn't have confidence in lawyers because I don't think the lawyer
[51:09.120 --> 51:19.040]  can give me unbiased legal advice he does not dare so why would I hire someone and pay him a lot
[51:19.040 --> 51:28.720]  of money to school me and a lot of people are beginning to realize the same thing a lot of people
[51:30.160 --> 51:34.400]  are beginning to understand that your lawyer is not going to protect your wife she's more
[51:34.400 --> 51:39.600]  afraid of the courts than he is of you and they feel like they'd be better representing themselves
[51:39.600 --> 51:48.320]  and for lawyers this is becoming a concern and as well it should so I have a right to
[51:48.320 --> 51:54.800]  counsel of my choice not lawyer of my choice lawyers I don't trust his counsel I want someone
[51:54.800 --> 52:02.400]  his counsel who doesn't have a dog in the hunt and all the lawyers have a dog in this hunt
[52:02.400 --> 52:09.040]  yeah the other problem there is when these people that when you hire these lawyers
[52:09.600 --> 52:13.520]  and they tell you that they're going to fight for you no upfront that that's a lie they have
[52:13.520 --> 52:20.080]  no intention of fighting for you absolutely none they intend to fight to keep their bar card and
[52:20.080 --> 52:26.240]  that means doing what the judge basically wants them to do in an unspoken form they already know
[52:26.240 --> 52:33.200]  their job is very very simple it is not to represent you in the in arguing the facts of the case
[52:33.200 --> 52:39.920]  it is to get you to cut a plea deal and let everybody go home happy and feeling satisfied
[52:39.920 --> 52:44.800]  except of course for you you're the old man on the totem pole when it comes to getting
[52:44.800 --> 52:52.160]  satisfaction in court okay you rank right below the bed bug when it comes to actually having your
[52:52.160 --> 52:59.280]  day in court I'm sure Randy can relate to that having faced some of these judges down in Cherokee
[52:59.280 --> 53:08.480]  County yes I certainly can't and still we have to fight them no matter what they do and they had
[53:08.480 --> 53:15.920]  their fun now it's my turn okay do you have any more we have a quarter of the line no let's go
[53:15.920 --> 53:22.480]  ahead and take Leslie and see what you got Leslie always has something interesting hello Leslie
[53:22.480 --> 53:28.080]  what do you have for us today okay I've got two things for you first thing I wanted to go over is
[53:28.080 --> 53:34.320]  I have been talking to a lot of people and finding out why they get into foreclosure methods why they
[53:34.320 --> 53:40.320]  get behind and it brought to mind something that happened to me a couple years ago and I was able
[53:40.320 --> 53:46.560]  to overcome it but most people can't because what they do is they you know they make you have escrow
[53:47.360 --> 53:53.040]  but in our case they were supposed to pay the fire insurance and did not and when we got a notice
[53:53.040 --> 53:57.920]  that it hadn't been paid we called them they said oh we sent it out but it came back is the wrong
[53:57.920 --> 54:02.400]  address and so I gave them the address and they were supposed to send it out again and when I got
[54:02.400 --> 54:07.040]  another notice that had been canceled for non-payment they said oh it just crossed them the mail it's
[54:07.040 --> 54:12.960]  taking care of well a year later I get I get a notice from the bank from the mortgage company
[54:12.960 --> 54:19.600]  that my I am $2,500 in arrears because they forth placed insurance on me for non-payment of policy
[54:20.400 --> 54:26.400]  and my policy had been canceled so they forth placed them and it was roughly $3,000 which was
[54:26.400 --> 54:33.920]  $2,500 more than I was paying before and then they said I was in arrears $2,500 because they
[54:33.920 --> 54:40.480]  first placed it and I had to pay an extra $200 a month in my escrow in my monthly mortgage payments
[54:41.280 --> 54:46.720]  because of their mistake well I happened to know somebody that was a mortgage broker and he got me
[54:46.720 --> 54:53.760]  another mortgage and although I had to pay a $3,000 prepayment penalty I got out of that mess
[54:54.800 --> 55:01.120]  but most people can't and when they get a notice in the mail about their insurance it's a good thing
[55:01.120 --> 55:07.840]  if they have the $500 to pay it before the bank does for the simple reason that the bank ain't
[55:07.840 --> 55:17.280]  going to pay it that's why it's behind and they're doing it on purpose yeah this is okay there are
[55:17.280 --> 55:25.360]  a number of things that the bank do bank does with escrow in this regard if they have securitized your
[55:25.360 --> 55:34.800]  note and sold it several times the only way that they can come out of this profitably is to force
[55:34.800 --> 55:41.760]  you into foreclosure right and they have a number of ways of doing that and you know when I do even
[55:41.760 --> 55:50.880]  an evaluation on the the figures in the loan itself and one of the things I look for is the
[55:50.880 --> 55:58.720]  difference between the amount that calculates from the note and the truth in lending statement
[55:58.720 --> 56:05.040]  the truth in lending statement has the amount you're required to pay they're asking you to pay
[56:06.320 --> 56:14.240]  the note has the amount you agreed to pay so you need to look at those two amortize both
[56:14.240 --> 56:24.800]  right but when I analyze notes about 75 percent of the time people wind up paying more than they
[56:24.800 --> 56:30.960]  signed the note and agreed to pay when you calculate the payment on the note it comes up
[56:30.960 --> 56:35.520]  less than the payment on the truth in lending statement it's a little complex how they get
[56:35.520 --> 56:42.000]  there and I explained that in another show of what they do in the with the truth in lending statement
[56:42.000 --> 56:53.840]  to twist things around so you don't understand what's happening but 25 percent of the time
[56:54.640 --> 57:01.680]  they charge you less than they should be charging you and frankly that should be more alarming than
[57:01.680 --> 57:07.680]  if they're charging you more right I've had a number of people say oh well I'm getting a good
[57:07.680 --> 57:13.520]  deal I'm talking no you are not getting a good deal because what the bank is going to do is they're
[57:13.520 --> 57:21.600]  going to watch your payment history and when you show two or three late payments in a say a six
[57:21.600 --> 57:30.880]  month period then they're going to come in and say oh my goodness look at this we made a clerical
[57:30.880 --> 57:40.800]  error and we haven't been charging you enough pay us $20,000 or we foreclose tomorrow we have a number
[57:40.800 --> 57:48.240]  of people that the banks have done this sort of thing too or like in your case they don't pay say
[57:48.240 --> 57:58.160]  they don't pay the taxes they don't pay the taxes until it's late then your payment comes in they
[57:58.160 --> 58:06.880]  pay the taxes with your payment money and don't have enough to pay the full payment so they put
[58:06.880 --> 58:12.400]  a late mark on your credit and next month you don't know about it they do it again
[58:14.240 --> 58:20.800]  and then you're in a position to where you can't get a refinance because you've got slow pay on
[58:20.800 --> 58:27.920]  your credit this is uh grand account deficit at the Craig Woodlow radio hang on Leslie we will pick
[58:27.920 --> 58:36.080]  this up on the other side our calling number 512 646 1984 give us a call get in line this
[58:36.080 --> 58:40.960]  we've got three more hours to go we'll be right back on the other side
[58:50.240 --> 58:54.160]  would you like to make more definite progress in your walk with God
[58:54.160 --> 59:00.240]  Bibles for America is offering a free study Bible and a set of free Christian books that can really
[59:00.240 --> 59:05.440]  help the New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.440 --> 59:10.960]  today it's an accurate translation and it contains thousands of footnotes that will help you to know
[59:10.960 --> 59:17.120]  God and to know the meaning of life the free books are a three-volume set called basic elements of
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[59:39.120 --> 59:55.280]  0102 that's 888 551 0102 or visit us online at bfa.org live free speech radio logos radio network.com
[59:55.280 --> 01:00:08.800]  spread them football fans the NFL wants you frisked from head to toe every time you go to a game
[01:00:08.800 --> 01:00:13.280]  Dr. Catherine Albrecht back to tell you how entering a football stadium may soon feel
[01:00:13.280 --> 01:00:19.440]  more like entering a prison privacy is under attack when you give up data about yourself
[01:00:19.440 --> 01:00:24.480]  you'll never get it back again and once your privacy is gone you'll find your freedoms will
[01:00:24.480 --> 01:00:31.200]  start to vanish too so protect your rights say no to surveillance and keep your information to yourself
[01:00:31.200 --> 01:00:35.840]  privacy it's worth hanging on to this public service announcement is brought to you by
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[01:00:44.880 --> 01:00:49.520]  pro football is a high contact sport but this year fans attending games will get a lot more
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[01:01:06.080 --> 01:01:11.840]  put up with longer lines and get pod by brawny strangers to me this is big brother in action
[01:01:11.840 --> 01:01:16.480]  in another example of how our right to privacy not to mention our private parts are getting
[01:01:16.480 --> 01:01:22.640]  manhandled let's call a foul on the nfl for unnecessary interference i'm dr kathryn albrecht
[01:01:22.640 --> 01:01:25.520]  more news and information at kathryn albrecht dot com
[01:01:31.520 --> 01:01:37.280]  you've heard of hairspray but how about dna spray it's a high tech way to catch robbers but down
[01:01:37.280 --> 01:01:42.160]  the road it could be abused i'm dr kathryn albrecht and i'll be back in a moment with what you need
[01:01:42.160 --> 01:01:49.680]  to know about aerosol micro dots privacy is under attack when you give up data about yourself you'll
[01:01:49.680 --> 01:01:55.280]  never get it back again and once your privacy is gone you'll find your freedoms will start to vanish
[01:01:55.280 --> 01:02:02.320]  too so protect your rights say no to surveillance and keep your information to yourself privacy
[01:02:02.320 --> 01:02:08.240]  it's worth hanging on to this message is brought to you by startpage dot com the private search engine
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[01:02:39.760 --> 01:02:46.080]  could be turned to other purposes imagine attending a political rally and later glowing under ultraviolet
[01:02:46.080 --> 01:02:51.280]  light at the airport it could give a whole new meaning to the no fly list maybe we should all
[01:02:51.280 --> 01:02:57.680]  be wary of dna spray i'm dr kathryn albrecht for startpage dot com the world's most private search
[01:02:57.680 --> 01:03:06.720]  engine
[01:03:06.720 --> 01:03:10.240]  it's all according to the well of beyond my feet
[01:03:13.440 --> 01:03:18.240]  i read his book and it says the cares come from the inside me
[01:03:18.240 --> 01:03:27.280]  me
[01:03:39.280 --> 01:03:43.280]  okay we're back
[01:03:43.280 --> 01:03:51.440]  we're talking about some of the dirty tricks that the banks pull
[01:03:52.640 --> 01:03:56.880]  and there are a number of them they pull to force you into foreclosure
[01:03:57.440 --> 01:04:06.400]  and the most fertile area for this kind of fraud is escrow and with what you were talking about
[01:04:06.400 --> 01:04:16.400]  leslie this force-placed insurance is a way for the banks to make a lot of profit on insurance
[01:04:17.360 --> 01:04:24.400]  they don't pay your insurance and then they force place a much more expensive insurance because
[01:04:24.400 --> 01:04:32.400]  you didn't pay it this should get fraud charges against the bank the bank doesn't get to say oh
[01:04:32.400 --> 01:04:39.680]  oops we made a mistake they don't get to make that mistake especially when they benefit from the
[01:04:39.680 --> 01:04:46.480]  mistake it's very clear in law no man shall be allowed to benefit from his own mistakes
[01:04:48.240 --> 01:04:54.640]  so that should get a lawsuit against the banks but i realize it is we have so many things to
[01:04:54.640 --> 01:05:05.360]  adjudicate that this is just one more you know we have we have a lot more things and
[01:05:06.080 --> 01:05:11.680]  this is what i've been working on is how to go at them much more directly than what we have been
[01:05:12.800 --> 01:05:17.360]  okay here's another defense for foreclosure that i came across today i sent it to you
[01:05:17.360 --> 01:05:28.080]  um and in pennsylvania they have a law that says that you have within 30 days out or more
[01:05:28.640 --> 01:05:35.600]  before they file foreclosure they must give you a notice and it must tell you that you can bring
[01:05:35.600 --> 01:05:44.640]  it current or cure the default by cash check money order or certified check well when they send you
[01:05:44.640 --> 01:05:51.680]  that's the way the law reads when they send the notice that they're going to put in foreclosure
[01:05:51.680 --> 01:05:59.920]  it's called an act six notice they don't put the word cash in there and according to state
[01:06:01.120 --> 01:06:10.160]  state law in pennsylvania if they don't give you a proper article six you know title six letter
[01:06:10.160 --> 01:06:15.840]  or act six it's called an act six letter they don't have jurisdiction to act in foreclosure
[01:06:15.840 --> 01:06:25.840]  the court does not okay has the the courts in pennsylvania ruled that not stating that you
[01:06:25.840 --> 01:06:34.720]  can pay in cash constitutes a lack of full disclosure yes and that's this is great this
[01:06:34.720 --> 01:06:41.440]  is exactly the kinds of things the kinds of details that that we're looking for this is uh
[01:06:41.440 --> 01:06:49.600]  you're talking about a default data and i think every state has a requirement that it's that the
[01:06:49.600 --> 01:06:57.920]  lender filed a notice of default and opportunity to cure but as i recall most of the states don't get
[01:06:57.920 --> 01:07:04.960]  quite so specific in everything that must be in the denotes especially to the point of the
[01:07:04.960 --> 01:07:11.040]  different ways that you can cure it says here in this in this this case history it says the
[01:07:11.040 --> 01:07:16.480]  the notice requirements pertaining to foreclosure proceedings are jurisdictional and we're applicable
[01:07:16.480 --> 01:07:23.440]  a failure to comply therewith well the private court of jurisdiction to act and that was uh
[01:07:23.440 --> 01:07:32.880]  decided in 1991 to live off your housing authority be the barber now that is interesting because
[01:07:33.600 --> 01:07:41.840]  it goes to an issue that i have been wanting to pursue that of subject matter jurisdiction
[01:07:43.360 --> 01:07:47.680]  if the court doesn't have subject matter jurisdiction we should sue the court
[01:07:47.680 --> 01:07:53.920]  okay that's the one time they're vulnerable
[01:07:55.920 --> 01:08:00.880]  the only time you could sue a judge is when he acts without subject matter jurisdiction and if this
[01:08:01.840 --> 01:08:09.280]  issue goes to jurisdiction we need to start suing these judges we start suing the judges
[01:08:10.160 --> 01:08:14.400]  they're going to have to try to throw them out and then wind up getting appeals
[01:08:14.400 --> 01:08:22.240]  appeals and i hope that someone doesn't wind up getting one of these appeals overturned
[01:08:24.400 --> 01:08:31.120]  or overturned and getting a judge held liable for acting when he has no authority to act
[01:08:32.800 --> 01:08:39.360]  right this way we get the judges back in control and so the fact that this goes to jurisdiction
[01:08:39.360 --> 01:08:49.840]  is is excellent and everything we're talking about in closely examining every document filed
[01:08:49.840 --> 01:08:59.680]  in the county clerk or county registrar's office goes to jurisdiction because if a document is
[01:08:59.680 --> 01:09:12.960]  insufficient under the filing requirements of the state then the document is insufficient to give
[01:09:14.000 --> 01:09:23.600]  the the bank authority to act and if a court or no wait a minute okay i'm saying this and i'm
[01:09:23.600 --> 01:09:31.440]  having a hard time seeing how this goes to jurisdiction is okay wait a minute is uh
[01:09:32.720 --> 01:09:41.040]  Pennsylvania Pennsylvania is a judicial state right and before they can sue they must wait
[01:09:41.040 --> 01:09:48.960]  wait and is the are they a judicial state yes okay then that's how it goes to jurisdiction because
[01:09:48.960 --> 01:10:00.080]  in order for them the uh lender to foreclose they have to file an action in the court and if
[01:10:00.080 --> 01:10:08.240]  their documentation is insufficient then they are unable to invoke the subject matter jurisdiction
[01:10:08.240 --> 01:10:16.400]  of the court right so this wouldn't apply quite so readily in a nonjudice of state
[01:10:16.400 --> 01:10:23.600]  although you could sue for wrong for foreclosure if it was deficient in a foreclosure this can be done
[01:10:23.600 --> 01:10:29.760]  at any time to read a foreclosure exactly and this is exactly where we're going to
[01:10:30.480 --> 01:10:37.600]  is wrongful foreclosure in in a judicial state you would have that direct challenge to the court
[01:10:37.600 --> 01:10:44.640]  then you could go after the judge but in a nonjudice of state you couldn't go directly after the
[01:10:44.640 --> 01:10:53.360]  judge because he has no involvement we had a for everything else we had an issue uh with the guy in
[01:10:53.360 --> 01:11:02.880]  austin who was sued by a credit card company and i looked at the documentation and told the guy they
[01:11:02.880 --> 01:11:10.400]  don't have a prayer and he said well why not i told him i don't know they just don't have one
[01:11:10.400 --> 01:11:16.000]  they just don't have one every suit you have to ask the court for something
[01:11:16.880 --> 01:11:23.280]  and that's the prayer and they didn't have one but not not only that
[01:11:24.560 --> 01:11:34.720]  in the only time that a plea a original pleading in taxes has to be verified is a suit on account
[01:11:34.720 --> 01:11:43.920]  and that's precisely what this was and the document was not verified therefore the document did not
[01:11:43.920 --> 01:11:51.520]  meet the filing requirements of the court and therefore the plaintiff was unable to invoke
[01:11:51.520 --> 01:12:00.320]  the subject matter jurisdiction of the court so the guy received a summons from the court that
[01:12:00.320 --> 01:12:06.480]  ordered him to be there and answered his suit or the court was going to do all this horrible stuff
[01:12:06.480 --> 01:12:12.560]  to him so how do you handle that when the judge does this elect subject matter jurisdiction
[01:12:15.200 --> 01:12:23.440]  you sue the judge of course this was a hoot the judge came into the courtroom and the
[01:12:23.440 --> 01:12:31.040]  client said to your honor what are you doing here you can't ruin this case i sued you and the judge
[01:12:31.040 --> 01:12:38.640]  said what what he got the pleadings and looked him over and he said well uh you can't sue me you
[01:12:38.640 --> 01:12:45.040]  said it's not my place to determine jurisdiction you have to do that and the client said with all
[01:12:45.040 --> 01:12:52.160]  due respect your honor before you send me this notice ordered me to come to your court threaten
[01:12:52.160 --> 01:12:57.280]  me with all the things you're going to do if i don't you need to make sure you have authority
[01:12:57.280 --> 01:13:07.520]  to do that the judge has said oh my oh my and then he got the county attorney to answer his lawsuit
[01:13:09.920 --> 01:13:17.840]  so we sued the county attorney for misappropriation public funds we sued the judge in his personal
[01:13:17.840 --> 01:13:23.520]  capacity for lack of such matter jurisdiction not in his professional capacity and that was
[01:13:23.520 --> 01:13:29.600]  the whole point said you didn't have one so he used prosecuting attorney as his private counsel
[01:13:31.040 --> 01:13:38.640]  and the guy eventually he didn't pursue that now we she had it because that was absolutely a lot of
[01:13:38.640 --> 01:13:47.520]  fun yeah yeah i'm working on another another case i i told you before a couple months ago that i had
[01:13:47.520 --> 01:13:53.200]  problems with my uh code enforcement officer and i'm just getting together some facts and stuff and
[01:13:53.200 --> 01:14:01.040]  trying to draw up a complaint and affidavit to to to really punch them keep them busy for a while
[01:14:01.680 --> 01:14:06.560]  keep them out of my hair okay this is our area eddy may be able to help you with
[01:14:09.040 --> 01:14:16.000]  well i'll do what i can see i think you did complain earlier today you sent to me or you
[01:14:16.000 --> 01:14:21.360]  sent to randy oh that's what the complaint okay yeah i saw the complaint i didn't have time to
[01:14:21.360 --> 01:14:27.040]  go through it yet yeah i just isn't nowhere near complete i have to divide it upright and
[01:14:27.840 --> 01:14:32.400]  bring it to council and all but i just wanted to get everything on there so i could separate it out
[01:14:34.560 --> 01:14:39.520]  okay what was the the issue the code enforcement officer was bringing
[01:14:39.520 --> 01:14:48.480]  well he didn't like my primrose or my sunflowers or my french tarragon or my queen and place in my
[01:14:48.480 --> 01:14:54.960]  garden he said it's too tall he said it can't be more than six inches
[01:14:56.720 --> 01:15:03.440]  i think you're kidding no i'm not kidding you i pulled out my entire garden he gave he said
[01:15:03.440 --> 01:15:10.000]  he's going to give me and i summons every week until it's out and i've already got three summons
[01:15:10.000 --> 01:15:16.960]  have you read the code yes i have it's not does not comply so i'm suing the judge and him wait
[01:15:16.960 --> 01:15:24.400]  wait a minute does does the code say that grass can't be over six inches it's the grass can't be
[01:15:24.400 --> 01:15:28.800]  but doesn't say anything about flowers and it says if you're planted it you know and they have a
[01:15:28.800 --> 01:15:35.920]  purpose and all that kind of stuff you need to file criminal charges against the code enforcement
[01:15:35.920 --> 01:15:44.560]  officer send the city a tort letter send it to the mayor so i did and check the mayor's house
[01:15:44.560 --> 01:15:54.560]  and see if he has flowers in his yard this makes them list for tomorrow and you file a complaint
[01:15:54.560 --> 01:16:01.040]  against the mayor for violating for under code enforcement i'm going to i i've sent him to the
[01:16:01.040 --> 01:16:08.000]  mayor's city council the girl manager i'm saying go by the mayor's house and if he has flowers in
[01:16:08.000 --> 01:16:14.000]  his yard then you file a complaint against the mayor under code enforcement oh yeah
[01:16:16.400 --> 01:16:21.920]  yeah oh and we have a no trespassing sign and in may i sent the code enforcement officer a letter
[01:16:21.920 --> 01:16:28.240]  telling him do not trespass on my property it will be posted and for any day or part there of per
[01:16:28.240 --> 01:16:36.080]  person there is a five thousand dollar land use fee that he will be charged so every time you post
[01:16:36.080 --> 01:16:44.800]  something on my my dream he could again another five thousand dollar fee good okay hang on this is
[01:16:44.800 --> 01:16:54.000]  brandy kelton devasted with no radio my calling number five one two six four six 1984 this is our
[01:16:54.000 --> 01:17:02.320]  four hour info marathon so give us a call moving right back capital coin and bullion is a family
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[01:17:38.400 --> 01:17:44.640]  of coin collections we're located at 7304 burnet road sweet a about a half a mile north of canning
[01:17:44.640 --> 01:17:50.400]  next to the ikiban sushi and genie car wash we're open monday through friday 10 to 6 saturdays 10
[01:17:50.400 --> 01:17:57.680]  to 2 visit us at capital coin and bullion dot com or call 512 646 6440 and say you heard about us on
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[01:19:04.960 --> 01:19:06.400]  ain't gonna buy me
[01:19:10.400 --> 01:19:12.400]  don't want me
[01:19:12.400 --> 01:19:18.400]  oh
[01:19:21.200 --> 01:19:28.400]  ain't gonna pull me with that same old trick again i was blindsided but now
[01:19:28.400 --> 01:19:38.400]  i can see your land you put the fear in my pocket to go money from my hand ain't gonna carry me back
[01:19:38.400 --> 01:19:45.040]  to reach out to the students and craig use my radio and you're talking to leslie and pavel vanier
[01:19:47.040 --> 01:19:54.880]  and leslie uh i'd like you to kind of uh talk about what happened in your case recently you had a
[01:19:54.880 --> 01:20:06.800]  a really major win yes we did uh we filed a quiet title in chester county and i knew
[01:20:07.600 --> 01:20:16.000]  because i had a mer's milestone report that my original lender released all interest of the
[01:20:16.000 --> 01:20:24.880]  mortgage in june of 2007 and in pennsylvania if a document is not filed within six months it can't
[01:20:24.880 --> 01:20:31.120]  be filed let's say an assignment a mortgage or anything like that so because there's no assignment
[01:20:31.120 --> 01:20:40.080]  a mortgage filed i said gee i better go get a quiet title so i did and the about a week or two
[01:20:40.080 --> 01:20:46.320]  after i got they were in default already and just before i got this default judgment a lawyer
[01:20:46.320 --> 01:20:51.920]  called me and she says oh we want to answer this complaint and we want more time and i said well
[01:20:51.920 --> 01:20:57.040]  you're being in default for almost two weeks so you know she says well we'll enter into a
[01:20:57.040 --> 01:21:02.080]  consent order i said well give it to me i said you only have till next monday and i'm getting a
[01:21:02.080 --> 01:21:09.040]  default judgment so she happened to hold around and she she said something that was nothing like
[01:21:09.040 --> 01:21:13.760]  what she said she was going to send it was some kind of affidavit of non-involvement or something
[01:21:13.760 --> 01:21:21.280]  like that but it made no sense to me and i just ignored it and got my judgment on on the following
[01:21:21.280 --> 01:21:26.240]  monday and then a week later she calls me and she says well her assistant called and said well did
[01:21:26.240 --> 01:21:30.400]  you see anything i said well not what she was talking about and she said well we sent you
[01:21:30.400 --> 01:21:34.400]  something in the mail i said well really doesn't matter because i got my default judgment a week
[01:21:34.400 --> 01:21:45.120]  ago so you know have they taken any action as a result of the default judgment no so they
[01:21:45.120 --> 01:21:52.000]  probably looked at it and said did their calculations and said not worth the fight
[01:21:53.600 --> 01:22:00.720]  i'm beginning to think that if we get things together well and get things well structured
[01:22:00.720 --> 01:22:06.800]  that we may be actually be able to get them to do that i had someone in california
[01:22:08.000 --> 01:22:19.200]  that we got their case two days after the property sold to a third party and then i pulled out the
[01:22:20.960 --> 01:22:24.800]  county records and went through them and found two releases of lean in there
[01:22:24.800 --> 01:22:34.480]  two deeds of trust because you're 80 20 loan deed of trust for each one two releases of lean
[01:22:35.040 --> 01:22:39.840]  and then a number of assignments and the assignments were just a horrendous mess
[01:22:41.200 --> 01:22:47.120]  and we went down through and just walked through all of the problems that we found
[01:22:47.120 --> 01:22:56.880]  and he went into an unlawful container here in last tuesday and really got their attention the
[01:22:56.880 --> 01:23:03.040]  lawyer was saying uh asking him where he went to law school and didn't we go to law school together
[01:23:06.160 --> 01:23:09.840]  and this is the one that was really being nasty before this hearing
[01:23:09.840 --> 01:23:19.360]  and i suspect that after looking at what we've presented that the lawyer for the guy who purchased
[01:23:19.360 --> 01:23:28.560]  the property may wind up stipulating to the plea in abatement because we have good detail
[01:23:29.360 --> 01:23:34.640]  and that's what has always been the issue for judges is give me detail
[01:23:34.640 --> 01:23:41.440]  and now we're giving them detail that they are not liking it because now they're putting a
[01:23:41.440 --> 01:23:50.480]  position to where they actually have to adjudicate your cases okay and okay so sorry somebody had
[01:23:50.480 --> 01:24:01.920]  you muted i think it was eddie go ahead we have another case in chester and um this case is filed
[01:24:01.920 --> 01:24:07.760]  around the same time as mine and the default judgment came in and everything and a week
[01:24:07.760 --> 01:24:13.120]  after the default judgment there's an assignment shows up in the in the court record in the
[01:24:13.120 --> 01:24:21.120]  county records that two days after they were notified of the lawsuit they assigned away the
[01:24:21.120 --> 01:24:30.320]  mortgage now we asked in the quiet title that it be against that person you know that party
[01:24:30.320 --> 01:24:39.200]  and there are signs and successors now i don't know what the the order looks like yet because it
[01:24:39.200 --> 01:24:47.760]  won't be issued for another week so he wanted to put in the party that it was transferred to
[01:24:48.640 --> 01:24:55.040]  into the court action because the court action is still alive no no the transfer is the transfer
[01:24:55.040 --> 01:25:01.760]  is not a transfer until it's filed in the county record and if you already had the default if the
[01:25:01.760 --> 01:25:10.960]  issue was already being adjudicated they can't transfer it anyway yeah that's what i was that's
[01:25:10.960 --> 01:25:18.160]  what i was wondering that was the list that's that's like if if uh if i filed a suit against you
[01:25:18.160 --> 01:25:28.000]  and i'd make a claim that would give me a claim against your estate and then you immediately
[01:25:28.000 --> 01:25:35.360]  liquidate part of that estate the court's going to call that fraud and if you got a default judgment
[01:25:35.920 --> 01:25:41.760]  if you're in an action for default judgment against this lender and he attempts to transfer
[01:25:41.760 --> 01:25:46.720]  the property to someone else to protect it from your default judgment that's fraud
[01:25:46.720 --> 01:25:54.000]  that's what i thought that's not something you're going to have to do a dance with if if they have
[01:25:54.000 --> 01:25:59.680]  done that then you might just uh file fraud charges against the lender and that's for sanctions
[01:26:00.960 --> 01:26:09.680]  yeah now instead of addressing the issue and fighting it like it was something valid just go
[01:26:09.680 --> 01:26:17.360]  right for the throat that is a lot more fun well also you know it wasn't from the party who owns
[01:26:17.360 --> 01:26:21.200]  the mortgage because the the party that owned the mortgage with fanny may and they're saying
[01:26:21.200 --> 01:26:27.520]  again that known city is assigning this this this this mortgage and loan city hasn't owned it for
[01:26:28.880 --> 01:26:36.560]  eight years so that is fraud yeah well we're claiming that too yeah okay wait a minute hold
[01:26:36.560 --> 01:26:42.720]  on another issue is okay yeah this is a non-judicial this is a judicial state so there's no trust
[01:26:43.520 --> 01:26:50.400]  right i was gonna i was gonna say one of the issues we're bringing is uh in these non-judicial
[01:26:50.400 --> 01:26:57.920]  states we have merge doing assignments yeah well merge merge has no power to do an assignment if
[01:26:57.920 --> 01:27:07.680]  in fact the borrower entered into a deed of trust then only the trustee could do the assignment if
[01:27:07.680 --> 01:27:13.520]  the trustee doesn't do the assignment then it's not a trust at all it's a grant and that makes the
[01:27:13.520 --> 01:27:21.760]  deed of trust void from the beginning right that's a little more complex okay do you have anything
[01:27:21.760 --> 01:27:27.680]  else our callers are beginning to build up on the board no that's it i thought that would give you
[01:27:27.680 --> 01:27:37.120]  enough to chew on yes it will thank you very much lizzie now we're good now we're gonna go to
[01:27:37.920 --> 01:27:45.280]  julius in texas julius now i know you have something that's going to be interesting
[01:27:45.280 --> 01:27:53.520]  how you doing randy that's uh good to talk to you and you guys and uh yeah i've got something
[01:27:53.520 --> 01:27:59.600]  interesting i i think a while back i told you about a case i had in a traffic court impeding
[01:27:59.600 --> 01:28:06.240]  traffic i went to uh the pre-trial and i went to the trial on the merits and of course i was
[01:28:06.240 --> 01:28:17.040]  railroadered through everything the judge um did not hear any of my motions in the pre-trial when i
[01:28:17.040 --> 01:28:25.120]  was uh questioning the jurisdiction of of the court meaning that they had not properly the
[01:28:25.120 --> 01:28:30.560]  complaint one day prior to that proceeding the pre-trial they noticed me on the day of that
[01:28:30.560 --> 01:28:37.120]  pre-trial and said here's the complaint now you have it i said well that's not timely you didn't
[01:28:37.120 --> 01:28:43.200]  notice me at least one day prior to this proceeding and then of course they they violate and they
[01:28:43.200 --> 01:28:50.000]  don't do the 1517 registration they don't do the uh arraignment and then even at the pre-trial
[01:28:51.600 --> 01:29:00.000]  the judge is in cahoots with the prosecutor and between the both of them the judge just
[01:29:00.000 --> 01:29:05.200]  has this kind of gimmick where he just denies your motions without hearing them he says i'm
[01:29:05.200 --> 01:29:11.600]  going to go back in chambers and read your motions give me a minute well he takes about
[01:29:11.600 --> 01:29:20.000]  two or three minutes to do that comes back that says denied denied did you did you ask him for
[01:29:20.000 --> 01:29:26.400]  findings of fact and conclusions at law no that's what i wanted to ask you because you were talking
[01:29:26.400 --> 01:29:32.960]  about that today and that's what i wanted to file uh seeing that now okay i went through the pre-trial
[01:29:34.000 --> 01:29:40.000]  and okay hang on we will pick this up on the other side this is randy calton deba student
[01:29:40.000 --> 01:29:48.720]  zady craig wheel of la radio our call in number five one two six four six 1984 get it called in
[01:29:48.720 --> 01:29:59.680]  we're the callers are beginning to stack up so get in line we'll be right back on the new beside
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[01:30:16.240 --> 01:30:23.120]  any more those individuals some of these columns were ripped up shredded tossed around the people
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[01:32:25.360 --> 01:32:39.120]  okay we're back
[01:32:39.120 --> 01:32:46.960]  yeah
[01:32:50.240 --> 01:32:58.720]  bumper music drop down a judge has two duties the trial court judge has two duties he must
[01:32:59.520 --> 01:33:04.400]  determine the facts in accordance with the rules of evidence and apply the law to the facts as it
[01:33:04.400 --> 01:33:13.600]  comes to him in order for you to formulate a proper appeal you need to know the law that the judge
[01:33:13.600 --> 01:33:24.080]  applied to the facts in adjudicating your case and i suggest that you demand that he either produce
[01:33:24.080 --> 01:33:30.880]  findings of fact and conclusions of law or disqualify himself for denying you in your right
[01:33:30.880 --> 01:33:38.160]  to petition the court for redress and grievance in the constitution outlaw we
[01:33:38.160 --> 01:33:46.400]  is forbidden we very seldom hear anyone speak to outlaw outlaw is from the old common law
[01:33:47.120 --> 01:33:54.320]  it doesn't mean that you are outlaw in the popular and traditional sense of the term
[01:33:54.320 --> 01:34:01.520]  or the more current sense of the term the meaning that you are criminal or anything of that nature
[01:34:02.960 --> 01:34:09.600]  in the context of the constitution it means that you are set outside the protection of the law
[01:34:11.200 --> 01:34:17.040]  right that if you were in the common law if you summoned a court didn't show up or if you were
[01:34:17.040 --> 01:34:26.240]  an individual uh litigant or troublemaker they could set you outside the law and say that you
[01:34:26.240 --> 01:34:33.760]  cannot come to the court for remedy therefore anybody could do anything to me they wanted to
[01:34:33.760 --> 01:34:41.920]  and you had no remedy right in in the constitution that was forbidden so when you go to the court
[01:34:41.920 --> 01:34:52.880]  for remedy and the judge denies your emotions out of hand without applying the law to the facts
[01:34:53.520 --> 01:35:01.920]  that's outlawly it's forbidden by constitution and it amounts to sedition not treason treason
[01:35:01.920 --> 01:35:09.760]  is armed insurrection against the government sedition is an act undermining the authority of
[01:35:09.760 --> 01:35:19.600]  the government and the judge by nullifying the statutes passed by the congress undermines
[01:35:19.600 --> 01:35:25.200]  the government itself and that's an act of sedition and i just put together a
[01:35:26.560 --> 01:35:33.360]  motion to the court asking the court to provide findings of acting conclusions at law or in the
[01:35:33.360 --> 01:35:42.000]  alternative disqualify himself with legal incompetence as he would be guilty of official
[01:35:42.000 --> 01:35:50.400]  oppression and sedition great that'd be a lot of fun no it's going to be a lot of fun because you
[01:35:50.400 --> 01:35:55.280]  know when they go in there they don't follow any rules of the texas constitution code of
[01:35:55.280 --> 01:36:01.600]  criminal procedure texas penal code they violated all government codes and you had the prosecutor
[01:36:01.600 --> 01:36:07.200]  he mentioned something about oh we don't need an information it's in government code 30
[01:36:07.840 --> 01:36:14.400]  chapter 30 and when i read through the entire chapter 30 the government code texas government
[01:36:14.400 --> 01:36:23.680]  code it states clearly that we must adhere strictly to articles 27 and 45 of the texas
[01:36:23.680 --> 01:36:32.400]  code criminal procedure and then of course that directs you to the fact that an information must
[01:36:32.400 --> 01:36:40.080]  be made and filed at the same time they make the complaint so in other words they make the
[01:36:40.080 --> 01:36:46.400]  complaint they have to make the information and they have to file them both at the same time
[01:36:46.400 --> 01:36:52.000]  relatively speaking i think it just happens right there at the same time it would make a lot of
[01:36:52.000 --> 01:37:00.800]  sense you make a complaint and then you sort of okay let me yeah let me explain that and why that
[01:37:00.800 --> 01:37:10.320]  makes sense complaints are intended to be filed by private citizens not learned counsel so when
[01:37:10.320 --> 01:37:18.160]  learning counsel receives the complaint then he is required to take the complaint and convert it
[01:37:18.160 --> 01:37:24.960]  into an information and the only difference is that if the complaint is somehow structurally
[01:37:24.960 --> 01:37:31.200]  insufficient that will be corrected by the information because if you look at an information
[01:37:31.200 --> 01:37:39.520]  in a complaint they look almost identical except the information is is produced by learning counsel
[01:37:39.520 --> 01:37:46.400]  so that it is certain to be in compliance with all relevant law that's the only difference
[01:37:46.400 --> 01:37:52.160]  between a complaint and information and that's why it should be created at the same time
[01:37:53.040 --> 01:38:00.400]  to make sure that the action is in compliance with law so absolutely they should be done at the
[01:38:00.400 --> 01:38:08.000]  same time and it makes perfect sense in the way you describe it it's beautiful because one makes
[01:38:08.000 --> 01:38:13.280]  sense the other it's kind of a general complaint here now we're taking it into the specifics as it
[01:38:13.280 --> 01:38:21.280]  relates to law and we go after the statutes for instance I never knew of the statute or the code
[01:38:21.280 --> 01:38:28.000]  and the transportation code that they were charging me with until the final day of the
[01:38:28.000 --> 01:38:35.440]  trial on the merits at the last minute when the officer got up there and spoke out the code
[01:38:36.080 --> 01:38:40.480]  when I asked him why didn't you tell me this code I asked you from day one
[01:38:40.480 --> 01:38:48.800]  when you were supposedly charging me or giving me the citation where is the law what is the law
[01:38:48.800 --> 01:38:53.760]  matter of fact that's why I got the citation I got a warning to move on because I was impeding
[01:38:53.760 --> 01:39:01.680]  traffic all right and I said okay impeding traffic mind if I ask you where in the rule book can I
[01:39:01.680 --> 01:39:08.240]  find this impeding traffic boom I get the citation well now I know why I got the citation and now I
[01:39:08.240 --> 01:39:19.440]  know why they secreted that code because when I look up that code it's 545.363 in the transportation
[01:39:19.440 --> 01:39:28.720]  code and that code relates to highway traffic where you're possibly going 50 60 miles an hour
[01:39:29.360 --> 01:39:36.240]  and somebody's trying to do 20 that's going to be dangerous because the guy doing 20
[01:39:36.240 --> 01:39:43.040]  could cause some problems for people that are doing 50 or 60 or what have you know and that's
[01:39:43.040 --> 01:39:49.440]  at least the general gist of what I got from it and had nothing to do with being parked stopped
[01:39:51.200 --> 01:39:55.840]  like I was for picking up or dropping off passengers matter of fact there's a whole other
[01:39:55.840 --> 01:40:01.360]  section in the transportation code that should have been used and I said look at that officer
[01:40:01.360 --> 01:40:08.000]  didn't even use the right charge against me and I didn't know that until the day of the trial on the
[01:40:08.000 --> 01:40:15.040]  merits that even a wrong charge was used because the complaint was skimpy and the complaint had
[01:40:15.040 --> 01:40:22.080]  impeding traffic just like the citation then you get the code on the day of the trial of the merits
[01:40:22.960 --> 01:40:29.680]  on the merits I get the code and I see that the charge should not have been used I mean it
[01:40:29.680 --> 01:40:35.520]  doesn't matter whether I'm guilty or not that's not the point or you know the question here it's
[01:40:35.520 --> 01:40:41.920]  what is the right charge for this incident the guy pulled out of his hat you know a wrong charge
[01:40:41.920 --> 01:40:48.720]  it's not applicable and you don't find out about these things and pull a very last minute on the
[01:40:48.720 --> 01:40:56.160]  day of the trial of merit so doesn't that go to notice okay yeah absolutely goes to notice
[01:40:56.160 --> 01:41:01.680]  have you filed a judicial conduct complaint against the judge no I'm wanting to do that right I want
[01:41:01.680 --> 01:41:06.720]  to start having some fun here I mean that's what I call yeah I figured let's start having some fun
[01:41:06.720 --> 01:41:12.880]  which would be the best judicial misconstruction point to start off with now I already know
[01:41:12.880 --> 01:41:22.400]  who's this judge sedition Jenkins he knows him oh earring boy oh yeah the guy oh yeah narcissist
[01:41:22.400 --> 01:41:30.240]  boy hey okay good he needs another judicial conduct complaint and a bar grievance he's
[01:41:30.240 --> 01:41:37.840]  got a bar card he loves himself almost as much as Obama does why do you think this guy is a
[01:41:37.840 --> 01:41:46.160]  municipal judge and not out there practicing law and making the big bucks he's too big a
[01:41:46.160 --> 01:41:55.040]  twerp to be successful on his own exactly that's why they're there and he's so narcissistic he's
[01:41:55.040 --> 01:42:00.880]  so he's so narcissistic that they figured well let's give this guy all this kind of power and
[01:42:00.880 --> 01:42:06.480]  tell him all he's got to do is rule in favor of the prosecutor and we'll have ourselves a nice
[01:42:06.480 --> 01:42:12.400]  little well-oiled machine here he can mark everyone guilty as charged and run them through the mill
[01:42:12.400 --> 01:42:16.960]  that's what they do of course we know that's what they do so what are you going to do about it
[01:42:17.920 --> 01:42:22.960]  I'm going to file due to this misconstruction complaints and bar grievances what about a
[01:42:22.960 --> 01:42:28.560]  criminal complaint of sedition with the grant with the district attorney against the judge
[01:42:29.520 --> 01:42:36.320]  I'm ready to do it Randy I'm ready to run the routine that this is now the routine is fun with
[01:42:36.320 --> 01:42:42.080]  something like this you're charging with sedition they're going to be jumping up and down and waving
[01:42:42.080 --> 01:42:51.040]  their arms when the prosecutor says I'm not filing this wonderful now I get to go after you for
[01:42:51.040 --> 01:43:02.160]  choosing prosecution right and we have a prosecutor who is very likely not to get reelected
[01:43:04.240 --> 01:43:09.680]  and this prosecutor is not going to want to do anything to generate any negative press
[01:43:09.680 --> 01:43:18.320]  so you go to the prosecutor and file sedition charges against the judge and let the prosecutor
[01:43:18.320 --> 01:43:23.920]  refuse to act and we'll come on the air and we will vilify her on the air
[01:43:24.800 --> 01:43:30.400]  actually I'm ready to do it oh yeah oh yeah I'm going to do that the decision charges
[01:43:32.960 --> 01:43:37.120]  if we don't start standing up to them they're going to keep doing what they're doing
[01:43:37.120 --> 01:43:39.680]  do you have anything else for the other side
[01:43:40.560 --> 01:43:46.240]  that I think that's going to be good ready okay thank you Julius this is Randy Kelton
[01:43:46.240 --> 01:43:54.640]  Denver Stevens Eddie Craig we love eight radio our calling number 5126461984 we'll be right back
[01:44:00.240 --> 01:44:06.000]  it is so enlightening to listen to 90.1 FM but finding things on the internet isn't so easy
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[01:46:54.240 --> 01:47:01.200]  and going to Johnny in Texas. Johnny, what do you have for us tonight?
[01:47:02.160 --> 01:47:08.160]  Hey guys, I wanted to go back to what Eddie was originally talking about for a minute,
[01:47:10.480 --> 01:47:16.160]  in terms of going into court with someone, not necessarily representing them or doing any of
[01:47:16.160 --> 01:47:23.280]  their paperwork, just going in and sitting with them as more or less a secretary. I've watched
[01:47:23.280 --> 01:47:29.120]  a number of people do this, but for some reason when I try it, they immediately tell me to get out.
[01:47:30.640 --> 01:47:35.760]  What are the rules related to that, in terms of just going in, helping people keep their
[01:47:35.760 --> 01:47:40.640]  paperwork organized, passing them things and so forth, as long as your voice is not heard?
[01:47:42.160 --> 01:47:46.240]  Well, I would, you know, we are sovereigns and we forget that part.
[01:47:46.240 --> 01:47:52.800]  If a judge exerts a purports to exert an authority he doesn't have,
[01:47:53.840 --> 01:47:58.480]  I would call that an act and denies me in my right to counsel. I'd consider that an act of
[01:47:58.480 --> 01:48:07.520]  official pressure. And while the judge has an inherent authority to maintain decorum in the
[01:48:07.520 --> 01:48:16.880]  courtroom, having someone assist you doesn't go to decorum and doesn't go to his inherent power.
[01:48:18.160 --> 01:48:26.960]  And we forget that this is not the judge's courtroom. This is your courtroom. I once in
[01:48:28.960 --> 01:48:34.480]  Johnson County, I asked to witness the morning arrangement hearing at the jail.
[01:48:34.480 --> 01:48:42.960]  And the judge sent a message out to tell me that this was her courtroom and I was not coming in
[01:48:42.960 --> 01:48:52.720]  it. And I told the lieutenant, you informed that judge that she is mistaken. This is my courtroom
[01:48:52.720 --> 01:49:00.800]  and I very generously allow her to administrate it according to my rules. And when he refused to
[01:49:00.800 --> 01:49:05.760]  allow me, she said she refused to allow me in the court. I asked him to go back there and drag her
[01:49:05.760 --> 01:49:13.120]  out of the court and throw her in jail. We need to remember who we are. We are the sovereigns.
[01:49:13.120 --> 01:49:19.440]  These individuals are our servants and we shouldn't forget that.
[01:49:20.960 --> 01:49:27.200]  Yeah. Well, I'm sorry. Go ahead. No, go ahead. You're going to make comment.
[01:49:27.200 --> 01:49:35.440]  Well, I was just going to say on that note, I've heard you on a number of occasions walking through
[01:49:35.440 --> 01:49:42.080]  the process of how to get criminal complaints to the grand jury. And when the prosecutor gets in
[01:49:42.080 --> 01:49:49.440]  the way, name him and invoking the authority of the magistrate of the Supreme Court justice
[01:49:49.440 --> 01:49:53.840]  and so on and so forth. But I've only got bits and pieces of it. I've yet to catch the whole
[01:49:53.840 --> 01:50:00.640]  thing. Could you just briefly walk through? Yes. Okay. Yes, I can. Okay. Let me start by saying
[01:50:01.440 --> 01:50:06.880]  that you will not win your case because you have the law and the facts on your side.
[01:50:07.760 --> 01:50:13.440]  Yep. Politics like that. Right. To think so is naive. It's not that way now. It never has been
[01:50:13.440 --> 01:50:18.000]  that way. Now, we can complain about it and say it shouldn't be that way and that's all right.
[01:50:18.640 --> 01:50:23.440]  But in the meantime, we need to figure out how things work and do it that way. And that's what
[01:50:23.440 --> 01:50:32.960]  this goes to. In order to create some politics, what you need to do is get beyond the person that
[01:50:32.960 --> 01:50:40.800]  you're dealing with and get to someone higher than him. Create difficulty and consternation for
[01:50:40.800 --> 01:50:46.720]  the person in a higher position. Anyone here who's ever worked in a large company understands how
[01:50:46.720 --> 01:50:54.080]  this works. If you create problems for your boss, your boss is going to create problems for you.
[01:50:55.040 --> 01:51:01.120]  So that's what this is about. If you are the sovereign, so you can go right to the top.
[01:51:01.840 --> 01:51:05.360]  You don't have to, you don't have any of these rules holding you back.
[01:51:06.720 --> 01:51:13.360]  All of those rules are for the people who work for the state or the county. They don't apply to you.
[01:51:13.360 --> 01:51:22.720]  So with that in mind, we need to look at who is in what position and how can we
[01:51:23.520 --> 01:51:30.960]  use these people to get them to beat up on each other. So we start out with say we're in a
[01:51:30.960 --> 01:51:37.920]  traffic court like Julius was and the judge fails to properly apply the law to the facts.
[01:51:37.920 --> 01:51:43.680]  And the first thing I would want to do is ask the judge for findings of fact and conclusions
[01:51:43.680 --> 01:51:48.480]  of law. Now, when you ask these low level chump judges for finding the fact and conclusions of
[01:51:48.480 --> 01:51:54.960]  law, they always refuse to give it. And that's what I looked at this morning when I wrote that
[01:51:54.960 --> 01:52:08.080]  reading on charging the judge with sedition. Enough pussy footing around. Enough with the
[01:52:08.080 --> 01:52:14.240]  gloves already. Let's take them off. We are the sovereigns. We don't have to pull our punches.
[01:52:14.240 --> 01:52:26.720]  If someone who is not a legislator attempts to nullify laws passed by the legislature,
[01:52:27.840 --> 01:52:37.040]  that's sedition. That's undermining the authority of the government. And no judge has that power.
[01:52:37.040 --> 01:52:46.320]  So if a judge fails to properly apply the law to the facts, that is his only job for crying
[01:52:46.320 --> 01:52:53.920]  out loud. And if he does so deliberately and then refuses to tell you exactly how he made
[01:52:53.920 --> 01:53:01.040]  his ruling, he denies you in your right to make a proper appeal. You don't know what to appeal
[01:53:01.040 --> 01:53:07.520]  because you don't know what he ruled. So that's an act of official oppression
[01:53:08.640 --> 01:53:13.200]  in that he's denying you your right to petition the court for redress of grievance.
[01:53:13.200 --> 01:53:22.560]  If the judge simply does not hear an issue in a motion, that's outlawing. And on his part,
[01:53:22.560 --> 01:53:26.960]  that's misfeasance in office. That's failure to perform it. He's quite a performer. So
[01:53:26.960 --> 01:53:32.240]  with all that said, once you've got some really juicy stuff to throw at the judge,
[01:53:33.120 --> 01:53:42.400]  and the more outlandish you can make it sound within the structure of law, the better.
[01:53:44.240 --> 01:53:52.960]  We go after the judge for sedition, for attempting to undermine the laws of state of Texas,
[01:53:52.960 --> 01:53:55.600]  and file that with prosecuting attorney. He's going to look at that and say,
[01:53:55.600 --> 01:54:01.760]  this is ridiculous. I am not going to file this with the grand jury. And we say, wonderful.
[01:54:03.520 --> 01:54:13.840]  Then we go to the highest level district judge we can find. And I used to try to go to magistrates
[01:54:13.840 --> 01:54:21.840]  and stuff, but in your JPs and municipal judges, but the lower someone is in the hierarchy,
[01:54:21.840 --> 01:54:30.480]  the less professional they tend to be, and the less remedy you can expect from them.
[01:54:32.240 --> 01:54:38.960]  You are not a public employee. You are not subject to that hierarchy. You are the sovereign.
[01:54:38.960 --> 01:54:46.640]  So go right to the top. The court of criminal appeals, the Supreme Court, the appeals court
[01:54:46.640 --> 01:55:00.720]  judges, 2.09 code of criminal procedure, who are magistrates? First one, justices of the Texas
[01:55:00.720 --> 01:55:09.920]  Supreme Court. Two, judges of the court of criminal appeals. We have two high courts in Texas.
[01:55:09.920 --> 01:55:18.160]  Supreme is for civil, court of criminal appeals for civil. They are both courts of last resort.
[01:55:19.920 --> 01:55:27.840]  The listed first is magistrates. So I think we should all start filing our criminal charges
[01:55:27.840 --> 01:55:33.680]  with the Chief Justice. He is a magistrate and he can't avoid it. He's right up at the top,
[01:55:33.680 --> 01:55:42.080]  and that's what a sovereign should do. So we go to the prosecutor first and give him opportunity
[01:55:42.080 --> 01:55:51.040]  to violate 2.03 code of criminal procedure. I have yet to see a lawyer or a prosecutor who
[01:55:51.040 --> 01:55:59.440]  was aware of that statute. Give them to violate as a matter of course. The one in Galveston,
[01:55:59.440 --> 01:56:11.760]  actually told me they had a procedure that when a complaint was filed against a public official,
[01:56:11.760 --> 01:56:17.200]  they had a public integrity unit that they sent it to. And if the public integrity unit,
[01:56:17.200 --> 01:56:22.800]  after examining into the accusation, found that there were grounds to file a complaint,
[01:56:22.800 --> 01:56:31.600]  then they presented it to the grand jury. And I thought, are you kidding me? You can't be that
[01:56:31.600 --> 01:56:39.520]  dumb to say something like that to me on the phone when I haven't recorded. Because you're
[01:56:39.520 --> 01:56:46.960]  stating that as a matter of policy, you violate Article 2.03, paragraph A. When a prosecutor
[01:56:46.960 --> 01:56:53.600]  attorneys may know that a crime has been committed by a public official, he must submit the complaint
[01:56:53.600 --> 01:57:01.200]  to the grand jury. No discretion. So you get him not to do that. Now you have a complaint
[01:57:01.200 --> 01:57:09.600]  against the prosecutor for violating the law relating to his office. A very specific statutory
[01:57:09.600 --> 01:57:21.440]  requirement. You take that to the Chief Justice. Now in terms of law, this one is dead bang.
[01:57:22.800 --> 01:57:31.200]  No question. That goes to the magistrate. Does this magistrate have the personal courage
[01:57:32.160 --> 01:57:38.080]  to do his job and enforce the law as it comes to him? And if we do this right,
[01:57:38.080 --> 01:57:46.720]  when we file the complaint, the complaint itself acts as a warning to this judge.
[01:57:46.720 --> 01:57:53.920]  I once filed 53 complaints in the county court in Tarrant County. They were all against judges
[01:57:53.920 --> 01:58:01.680]  and prosecutors. I bushwhacked the judge in his court and dubbed the complaints on him. And when
[01:58:01.680 --> 01:58:07.200]  he saw they were complaints against prosecutors for not acting on criminal complaints, he said,
[01:58:07.200 --> 01:58:13.040]  Mr. Kelton, I might understand that if I don't act on these complaints the way you feel I should,
[01:58:13.040 --> 01:58:18.000]  that you prepare to file criminal charges against me. I said, with all due respect,
[01:58:18.000 --> 01:58:24.480]  your honor, in a heartbeat, we want our complaints to send that message to this judge.
[01:58:25.360 --> 01:58:30.080]  That's his fair warning. Okay, this is Randy Kelton, David Stevens and Craig,
[01:58:30.080 --> 01:58:39.360]  we have a radio. I call in number 5216461984. Johnny will be picking up on the other side.
[01:58:39.360 --> 01:58:45.760]  Edward, Jay, I see you there on the board. Joe, Ken, we will get you on the other side. We'll be
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