ROL_2012-11-30_16k_Hr3-4.timecode

[00:00.000 --> 00:07.520]  Attention all dads, using laptops, smartphones and other internet browsing tools may affect
[00:07.520 --> 00:09.160]  your ability to have children.
[00:09.160 --> 00:14.080]  I'm Dr. Catherine Albrecht, back with new research on the negative impact of Wi-Fi
[00:14.080 --> 00:16.900]  on male fertility in a moment.
[00:16.900 --> 00:18.640]  Privacy is under attack.
[00:18.640 --> 00:22.240]  When you give up data about yourself, you'll never get it back again.
[00:22.240 --> 00:27.240]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.240 --> 00:32.320]  Don't protect your rights, say no to surveillance and keep your information to yourself.
[00:32.320 --> 00:35.000]  Privacy, it's worth hanging on to.
[00:35.000 --> 00:40.560]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[00:40.560 --> 00:42.320]  Yahoo and Bing.
[00:42.320 --> 00:45.840]  Start over with StartPage.
[00:45.840 --> 00:47.680]  Are you a want-to-be dad?
[00:47.680 --> 00:51.560]  If so, you might want to keep your laptop away from your private parts.
[00:51.560 --> 00:56.560]  A new study suggests that electromagnetic radiation generated by wireless devices
[00:56.560 --> 01:00.520]  may damage sperm and decrease fertility in men.
[01:00.520 --> 01:06.080]  Researchers put semen samples from 29 volunteers under a laptop for four hours.
[01:06.080 --> 01:09.800]  When the laptop was on but not connected to the web, the sperm did okay.
[01:09.800 --> 01:14.520]  But when they connected the laptop to the internet with Wi-Fi, a quarter of the sperm
[01:14.520 --> 01:18.640]  stopped swimming and 9% showed DNA damage.
[01:18.640 --> 01:19.640]  The moral?
[01:19.640 --> 01:23.280]  If you're using a laptop, put it on a desk, away from the family jewels.
[01:23.280 --> 01:32.440]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:32.440 --> 01:33.840]  Do not pass go.
[01:33.840 --> 01:34.840]  Go directly to jail.
[01:34.840 --> 01:39.960]  That's what lawbreakers normally hear from courts, but in Alabama, one judge is offering
[01:39.960 --> 01:42.280]  offenders a unique option for punishment.
[01:42.280 --> 01:47.040]  I'm Dr. Catherine Albrecht and in a moment, I'll tell you what it is.
[01:47.040 --> 01:48.760]  Privacy is under attack.
[01:48.760 --> 01:52.360]  When you give up data about yourself, you'll never get it back again.
[01:52.360 --> 01:57.360]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:57.360 --> 01:58.880]  So protect your rights.
[01:58.880 --> 02:02.440]  Say no to surveillance and keep your information to yourself.
[02:02.440 --> 02:03.440]  Privacy.
[02:03.440 --> 02:05.120]  It's worth hanging onto.
[02:05.120 --> 02:10.080]  This message is brought to you by StartPage.com, the private search engine alternative to
[02:10.080 --> 02:12.440]  Google, Yahoo, and Bing.
[02:12.440 --> 02:15.880]  Start over with StartPage.
[02:15.880 --> 02:20.160]  No country puts a bigger share of its citizens behind bars than the U.S.
[02:20.160 --> 02:25.040]  But in Baymonet, Alabama, one judge is offering a novel alternative to jail.
[02:25.040 --> 02:27.240]  Go to church on Sundays.
[02:27.240 --> 02:31.720]  This only applies to people convicted of misdemeanors and offenders must check in weekly with their
[02:31.720 --> 02:33.640]  pastor and the police.
[02:33.640 --> 02:37.280]  Then after 52 sermons, their cases are dismissed.
[02:37.280 --> 02:41.520]  The ACLU says this violates the separation between church and state.
[02:41.520 --> 02:44.640]  And other critics say it's unfair to atheists and minority religions.
[02:44.640 --> 02:47.840]  But I say the program is at least worth trying.
[02:47.840 --> 02:51.840]  Being in church on Sunday rather than a prison cell just might change the lives of people
[02:51.840 --> 02:52.840]  on the wrong path.
[02:52.840 --> 03:18.840]  I'm Dr. Katherine Albert for StartPage.com, the world's most private search engine.
[03:18.840 --> 03:39.640]  Okay, we are back, Randy Kelton, Debbie Stephens, Eddie Craig, Rue La Radio, and we're talking
[03:39.640 --> 03:42.440]  to Tony in Virginia.
[03:42.440 --> 03:51.640]  Okay, if I have this right, your company received a request for discovery.
[03:51.640 --> 03:56.120]  Let me explain how discovery works.
[03:56.120 --> 03:59.360]  Generally, discovery is informal.
[03:59.360 --> 04:03.760]  You send a request for discovery to the other side.
[04:03.760 --> 04:06.880]  They send a request to you.
[04:06.880 --> 04:11.320]  You always raise all kinds of objections to their discovery.
[04:11.320 --> 04:15.400]  They always raise all kinds of objections to your discovery.
[04:15.400 --> 04:21.600]  And then you petition the court to order discovery.
[04:21.600 --> 04:26.200]  So what these guys have done is sent a request for discovery.
[04:26.200 --> 04:33.800]  Now if you're not a litigant, then if they want your discovery, they have to pay for
[04:33.800 --> 04:35.920]  it.
[04:35.920 --> 04:42.840]  You have no duty to spend your time and money producing these records for them without being
[04:42.840 --> 04:46.560]  compensated for it.
[04:46.560 --> 04:53.600]  So did your company respond to the discovery?
[04:53.600 --> 05:02.200]  Well, yeah, he responded to the opinions because he was probably more concerned about
[05:02.200 --> 05:03.200]  protecting the company.
[05:03.200 --> 05:10.000]  Okay, then have him send them a bill.
[05:10.000 --> 05:13.600]  They'll probably just pay it.
[05:13.600 --> 05:19.800]  Were the records that were requested sensitive to the company?
[05:19.800 --> 05:20.800]  Yes.
[05:20.800 --> 05:21.800]  Ooh.
[05:21.800 --> 05:34.520]  Because that would be the financial agreements between the company and their plaintiff or
[05:34.520 --> 05:35.520]  their plaintiff.
[05:35.520 --> 05:36.520]  That would be sensitive.
[05:36.520 --> 05:42.360]  Well, if either of the parties revealed this information, would it harm your company?
[05:42.360 --> 05:46.920]  I'm not too sure about that.
[05:46.920 --> 05:47.920]  Okay.
[05:47.920 --> 05:56.840]  If it won't harm your company, if it's sensitive to the case, that's a whole point of discovery.
[05:56.840 --> 06:02.040]  But if you could be harmed by it, then you should absolutely object and there's a lot
[06:02.040 --> 06:03.040]  of things you can do.
[06:03.040 --> 06:11.120]  You can request only in-camera examination and assurances that these won't be revealed.
[06:11.120 --> 06:17.120]  This is in the model standards about revealing any kind of information that can cause someone
[06:17.120 --> 06:21.880]  harm, the lawyer will absolutely be liable for it.
[06:21.880 --> 06:27.520]  But the company, if you're not a litigant in the case, then absolutely your company
[06:27.520 --> 06:31.240]  should build them for the time.
[06:31.240 --> 06:32.240]  Okay.
[06:32.240 --> 06:37.440]  Well, my question was, can I bar-greed this attorney?
[06:37.440 --> 06:38.440]  Absolutely.
[06:38.440 --> 06:43.160]  You can bar-greed if you don't like the way he parts his hair.
[06:43.160 --> 06:48.160]  Can I bar-greed this attorney and have it not adversely affect the company?
[06:48.160 --> 06:49.160]  Yeah.
[06:49.160 --> 06:50.160]  Oh, yeah.
[06:50.160 --> 06:53.160]  It won't affect the company at all.
[06:53.160 --> 07:02.640]  However, it's not improper to send a request for discovery.
[07:02.640 --> 07:03.640]  Now, wait a minute.
[07:03.640 --> 07:04.640]  Hold on.
[07:04.640 --> 07:05.640]  Wait a minute.
[07:05.640 --> 07:09.640]  Well, you said they sent a subpoena.
[07:09.640 --> 07:10.640]  Yes.
[07:10.640 --> 07:18.640]  We're in Virginia, they're in Maryland, and they went to their court and got the clerk
[07:18.640 --> 07:19.640]  of the court.
[07:19.640 --> 07:20.640]  Okay.
[07:20.640 --> 07:24.360]  They sent the subpoenas and then they mailed it to us.
[07:24.360 --> 07:25.360]  Okay.
[07:25.360 --> 07:26.360]  Okay.
[07:26.360 --> 07:34.000]  This, even though the court, the clerk issued the subpoena, the clerk has no power to enforce
[07:34.000 --> 07:36.200]  the subpoena.
[07:36.200 --> 07:44.240]  It is, this is well established that that is an informal request.
[07:44.240 --> 07:49.680]  That's just this lawyer saying, hey, guys, I'd really like you to send me this information.
[07:49.680 --> 07:53.840]  Will you please send it to me?
[07:53.840 --> 08:00.280]  So it's not, it has the appearance of a demand, but that's only because of the structural
[08:00.280 --> 08:09.200]  nature of the codes of civil procedure, rules of civil procedure.
[08:09.200 --> 08:16.240]  The clerk issues the subpoena at the lawyer's request, the judge has nothing to do with
[08:16.240 --> 08:17.240]  it.
[08:17.240 --> 08:25.280]  If the other party fails to respond to the subpoena, then the lawyer can send the subpoena
[08:25.280 --> 08:34.200]  to the judge and ask the judge to issue an order, a judicial order for discovery.
[08:34.200 --> 08:45.720]  So that one was really informal and the, your company had no duty to respond to it.
[08:45.720 --> 08:52.840]  So since they did respond to it, there's really no claim against the lawyer.
[08:52.840 --> 09:01.520]  Now had the company raised an objection and then had the lawyer sent a threatening letter
[09:01.520 --> 09:04.560]  or something, then you'd had a claim.
[09:04.560 --> 09:08.560]  But at this point, it doesn't appear the lawyer actually did anything improper.
[09:08.560 --> 09:21.480]  Well, Randy, I found a Virginia legal ethics opinion, 1495, that says they did.
[09:21.480 --> 09:30.960]  Well, had he went to the court and asked the court for an order, then perhaps he's asking
[09:30.960 --> 09:39.320]  the court to request to exceed its jurisdictional authority.
[09:39.320 --> 09:42.760]  But okay, that's kind of iffy.
[09:42.760 --> 09:47.160]  You can, if you want a bar grievance, you certainly can.
[09:47.160 --> 09:54.560]  And I certainly, you know, I'm up on bar grievances, but while I say you can grieve one for partners
[09:54.560 --> 10:01.240]  harrowing the wrong side, I don't suggest it because the bar grievance really hurts
[10:01.240 --> 10:02.240]  the lawyer.
[10:02.240 --> 10:09.280]  And if the lawyer really hasn't done anything inappropriate, and just an initial discovery
[10:09.280 --> 10:13.080]  is not, it's not official.
[10:13.080 --> 10:19.080]  Right, but would that be, that would be appropriate for Maryland, right?
[10:19.080 --> 10:21.600]  Oh, no, it doesn't matter.
[10:21.600 --> 10:27.120]  He can, he can ask for discovery from anybody on earth, he by has anything to do with these.
[10:27.120 --> 10:30.600]  You just can't enforce it.
[10:30.600 --> 10:36.480]  And a discovery from the clerk is not enforceable directly.
[10:36.480 --> 10:40.400]  They would have to go to the court and have the court issue an order and that one would
[10:40.400 --> 10:46.240]  be enforceable, but that's when the lawyer could start getting in trouble if he goes
[10:46.240 --> 10:53.280]  and asks a Maryland judge to issue an order to someone in Virginia.
[10:53.280 --> 11:02.480]  Then you go to the federal courts, if they sent an order from a Maryland judge to you
[11:02.480 --> 11:09.720]  in Virginia, that's mail fraud.
[11:09.720 --> 11:17.960]  Now you really have claim, but if it's just a clerk's subpoena, it has no, carries no
[11:17.960 --> 11:25.200]  real authority with it, so in, in fact, it's only a polite request.
[11:25.200 --> 11:33.520]  The problem is, is your company responded to it without objection.
[11:33.520 --> 11:34.520]  Right.
[11:34.520 --> 11:40.240]  If they can't raise an objection, it's inappropriate to raise the objection afterward.
[11:40.240 --> 11:45.800]  If the lawyer asked for it and the company told him to go scratch, and then he came
[11:45.800 --> 11:53.600]  back and did something to threaten or intimidate the company and to give them what he wanted,
[11:53.600 --> 11:57.200]  then you'd have a shot at him.
[11:57.200 --> 11:59.800]  Got it.
[11:59.800 --> 12:09.400]  Yeah, as much as I like grievances, this would, would really be inappropriate, I think.
[12:09.400 --> 12:13.120]  The billing him, that wouldn't be inappropriate.
[12:13.120 --> 12:18.960]  Okay, does that pretty well answer your question?
[12:18.960 --> 12:21.640]  Is there guidelines for billing?
[12:21.640 --> 12:22.640]  No.
[12:22.640 --> 12:31.240]  How much do, how much did it cost your company to put together all of this information?
[12:31.240 --> 12:40.440]  How much did it, how much did they spend consulting with a lawyer?
[12:40.440 --> 12:45.480]  It depends on how extensive the information was, if it was just one document or something,
[12:45.480 --> 12:50.520]  it probably wouldn't be worth a hassle, but if they had to do a lot of research, then
[12:50.520 --> 13:03.600]  all the time you put into it, you'd bill them for it, and that's standard procedure.
[13:03.600 --> 13:08.560]  If you bill the lawyer in law rule care, he'll just bill it to his client.
[13:08.560 --> 13:12.800]  Okay, is that about it?
[13:12.800 --> 13:13.800]  Thank you.
[13:13.800 --> 13:14.800]  Thank you, Rod.
[13:14.800 --> 13:15.800]  You are most welcome.
[13:15.800 --> 13:23.680]  Okay, now we're going to go to Rob in Minnesota, in, in New Mexico.
[13:23.680 --> 13:27.480]  Rob, are you whining today?
[13:27.480 --> 13:29.520]  I'm always whining, Randy.
[13:29.520 --> 13:30.520]  I'm a trucker.
[13:30.520 --> 13:39.520]  Before I get into my 137 questions, I have a little bit of good news regarding the FDCPA.
[13:39.520 --> 13:44.960]  I don't know if you're aware of it or not, but I'll have to email you the cases if you're
[13:44.960 --> 13:50.640]  not going to have them in front of me, but in the, in the recent past, the Ninth Circuit
[13:50.640 --> 13:56.280]  has ruled that the one-year statute of limitations under the FDCPA begins to run when you discover
[13:56.280 --> 14:00.480]  the violation.
[14:00.480 --> 14:01.480]  When discovered.
[14:01.480 --> 14:02.480]  Wonderful.
[14:02.480 --> 14:03.480]  Ninth Circuit.
[14:03.480 --> 14:04.480]  That's California.
[14:04.480 --> 14:11.000]  Yeah, that's not where we are, but, you know, it's a good precedent anyway.
[14:11.000 --> 14:12.000]  Yeah.
[14:12.000 --> 14:18.920]  So, get to my questions, first one real quick, do you know if back home loan servicing is
[14:18.920 --> 14:20.920]  still in existence?
[14:20.920 --> 14:24.000]  What's the name of it again?
[14:24.000 --> 14:25.000]  BAC?
[14:25.000 --> 14:28.800]  Yeah, Bank of America.
[14:28.800 --> 14:30.000]  I think it is.
[14:30.000 --> 14:31.000]  Okay.
[14:31.000 --> 14:32.000]  I'm not sure.
[14:32.000 --> 14:38.680]  Yeah, they, they answered my suit as a Bank of America NA and they're claiming that back
[14:38.680 --> 14:42.840]  home loan servicing doesn't exist anymore, but they could be right.
[14:42.840 --> 14:46.200]  They could be right because Bank of America is using recon trust now.
[14:46.200 --> 14:51.800]  Yeah, well, they changed their name every five minutes, it seems like, but I went ahead
[14:51.800 --> 14:57.440]  and amended my complaint and added Bank of America NA as a defendant alongside back home
[14:57.440 --> 14:59.440]  loan servicing.
[14:59.440 --> 15:08.160]  My question really is, I got from the bank's attorney and they are requesting judicial
[15:08.160 --> 15:18.120]  notice of the mortgage and the assignment in the county records.
[15:18.120 --> 15:22.640]  But the copies that they submitted, yeah.
[15:22.640 --> 15:29.280]  Okay, the ones in the county record, does it name Bank of America?
[15:29.280 --> 15:32.880]  The mortgage does not, the assignment does through MRS.
[15:32.880 --> 15:33.880]  Okay.
[15:33.880 --> 15:46.760]  Object to the assignment, did the bank, did the original lender sign to be the mortgage?
[15:46.760 --> 15:49.600]  Did they sign, did they sign the mortgage?
[15:49.600 --> 15:50.600]  Yeah.
[15:50.600 --> 15:51.600]  No.
[15:51.600 --> 15:56.080]  Then who made the assignment?
[15:56.080 --> 15:58.080]  Was it MRS?
[15:58.080 --> 16:02.600]  It was, well, it was the attorney for the foreclosure firm claiming to be Assistant Secretary
[16:02.600 --> 16:03.600]  of MRS.
[16:03.600 --> 16:04.600]  Okay.
[16:04.600 --> 16:13.680]  MRS has no power to do anything because the assignment, the appointment of MRS has beneficiary
[16:13.680 --> 16:21.760]  and nominee for the lender is a lender concession, not a borrower concession.
[16:21.760 --> 16:28.520]  The borrower had no power to determine who the agent for the lender was, since the lender
[16:28.520 --> 16:34.640]  did not affirm the concession, the concession is not operative.
[16:34.640 --> 16:42.600]  That's slick, okay, hang on, we will be right back on the other side.
[16:42.600 --> 16:48.160]  This is Randy Kelton, Deb Stephens, Eddie Craig, Rue LaValle Radio, Mike Robin, I see
[16:48.160 --> 16:55.160]  you there, we'll pick you up on the other side.
[16:55.160 --> 17:22.160]  All right, we'll be right back on the other side.
[17:22.160 --> 17:47.160]  All right, we'll be right back on the other side, we'll pick you up on the other side.
[17:47.160 --> 18:13.160]  All right, we'll be right back on the other side.
[18:13.160 --> 18:39.160]  We'll be right back on the other side.
[18:39.160 --> 19:05.160]  We'll be right back on the other side.
[19:05.160 --> 19:31.160]  We'll be right back on the other side.
[19:31.160 --> 19:58.160]  We'll be right back on the other side.
[19:58.160 --> 20:02.160]  Okay, then look at the deed of trust.
[20:02.160 --> 20:07.160]  This is a really simple argument.
[20:07.160 --> 20:18.160]  For 200 years, a lender would provide the borrower with a deed of trust, and in return,
[20:18.160 --> 20:28.160]  he wanted a promise to pay and a mortgage, a claim against the property to guarantee payment.
[20:28.160 --> 20:35.160]  And the mortgage contained concessions by the borrower with stipulations.
[20:35.160 --> 20:40.160]  Then they added merge to the mix.
[20:40.160 --> 20:47.160]  For 200 years, the lender did not have to sign the mortgage.
[20:47.160 --> 20:55.160]  But when they added merge to the mix, that constituted concessions by the lender.
[20:55.160 --> 20:59.160]  They had to sign it in order for those to be effective.
[20:59.160 --> 21:11.160]  The lender did not sign it, so the sections addressing merge are not operative.
[21:11.160 --> 21:13.160]  This is not rocket science.
[21:13.160 --> 21:18.160]  This doesn't go to changing the world as we know it.
[21:18.160 --> 21:22.160]  It goes to maintaining the world as we know it.
[21:22.160 --> 21:30.160]  A contract is not a contract unless both parties agree to the contract.
[21:30.160 --> 21:47.160]  So go in and argue that, you know, object to the judicial notice of the assignment and petition for declaratory judgment to declare that the assignment is avoided and no force in effect.
[21:47.160 --> 21:58.160]  Okay, and then the other part of that is, while these documents do substantively contain the same information as those in the county records,
[21:58.160 --> 22:01.160]  these were not taken from the county records.
[22:01.160 --> 22:09.160]  And the mortgage is marked certified true copy, but every page of it is stamped paid in full.
[22:09.160 --> 22:12.160]  And that's not what the county record shows.
[22:12.160 --> 22:14.160]  Does that matter?
[22:14.160 --> 22:16.160]  Ooh, that matters.
[22:16.160 --> 22:18.160]  That's fraud.
[22:18.160 --> 22:20.160]  That's what I thought.
[22:20.160 --> 22:32.160]  Well, okay, it kind of looks like fraud, but if the documents are substantially the same, if the difference is,
[22:32.160 --> 22:41.160]  wait a minute, backup, paid in full, where are they stamped paid in full?
[22:41.160 --> 22:49.160]  Right in the middle of every page of it, all eight pages, right across the page of it.
[22:49.160 --> 22:53.160]  Then you might not want to mess with that.
[22:53.160 --> 23:01.160]  You might want to maintain that this stamp of paid in full amounts to a release of lien.
[23:01.160 --> 23:12.160]  Well, that's what I'm wondering, because since there's nothing else filed in the record, and this is the document filed on February 18th of 2008,
[23:12.160 --> 23:16.160]  then this is the one day it's not the one in the record.
[23:16.160 --> 23:17.160]  No.
[23:17.160 --> 23:21.160]  But this is one they've provided to the court.
[23:21.160 --> 23:36.160]  You maintain that the document is that the deed of trust is void because according to the borrower and the lender, it's been paid in full.
[23:36.160 --> 23:39.160]  So you can argue constitutes a release of lien.
[23:39.160 --> 23:43.160]  You might want to see if there's some case law on that.
[23:43.160 --> 23:45.160]  Okay.
[23:45.160 --> 23:48.160]  But that should be fun to argue with him with.
[23:48.160 --> 23:56.160]  I shouldn't then file my own certified copies that show that these aren't the correct documents in the court record.
[23:56.160 --> 23:58.160]  Yes, I would.
[23:58.160 --> 24:00.160]  Do that as well?
[24:00.160 --> 24:01.160]  Yes.
[24:01.160 --> 24:12.160]  These documents are still in the court record, whether they are correct copies of what's in the clerk's office.
[24:12.160 --> 24:20.160]  The other side introduced these into the record so you can maintain that the ones filed in the county record don't have this.
[24:20.160 --> 24:21.160]  These were the originals.
[24:21.160 --> 24:33.160]  But since these were filed, these records show that the claim on this deed of trust was paid in full.
[24:33.160 --> 24:37.160]  Therefore, that acts as a release of lien.
[24:37.160 --> 24:39.160]  I like that.
[24:39.160 --> 24:41.160]  I like that a lot.
[24:41.160 --> 24:43.160]  That would be fun.
[24:43.160 --> 24:51.160]  Yes, it will be, especially because they're opposing my amended complaint saying that it's futile.
[24:51.160 --> 24:55.160]  No, that's going to be exciting to argue.
[24:55.160 --> 25:01.160]  My next question, real quick, is with interrogatories.
[25:01.160 --> 25:09.160]  I got the interrogatories from the foreclosure mill that I'm suing along with the bank.
[25:09.160 --> 25:18.160]  Pretty much every one of them starts out with a yes or no question and then asks for a bunch of information.
[25:18.160 --> 25:22.160]  Can I just answer the yes or no question part and ignore the rest?
[25:22.160 --> 25:23.160]  Yep.
[25:23.160 --> 25:24.160]  Cool.
[25:24.160 --> 25:26.160]  An interrogatory is a question.
[25:26.160 --> 25:29.160]  The rest of it is a request for productions.
[25:29.160 --> 25:32.160]  How many interrogatories are there?
[25:32.160 --> 25:37.160]  I think they sent me 18.
[25:37.160 --> 25:41.160]  I was real quick and only sent them 15, so I had 10 left over at least.
[25:41.160 --> 25:44.160]  OK, because I was going to say it's over 25.
[25:44.160 --> 25:50.160]  I sent a guy once, 90 some odd.
[25:50.160 --> 25:58.160]  It was in a criminal issue and he screwed up on the 63rd.
[25:58.160 --> 26:04.160]  He admitted and he told the truth on it.
[26:04.160 --> 26:06.160]  OK.
[26:06.160 --> 26:12.160]  The reason I asked that for those listening, you generally only get 25 interrogatories.
[26:12.160 --> 26:20.160]  25 interrogatories and generally 25 requests for admissions.
[26:20.160 --> 26:22.160]  So that's why I asked that question.
[26:22.160 --> 26:25.160]  OK, are we pretty well done, Rob?
[26:25.160 --> 26:30.160]  One more on a slightly different but related topic.
[26:30.160 --> 26:33.160]  I knew you weren't done whining yet.
[26:33.160 --> 26:36.160]  Fun. I always have one whining to do Randy.
[26:36.160 --> 26:40.160]  I've been trying to call you for a few days.
[26:40.160 --> 26:46.160]  Is a letter threatening an action that would breach a contract?
[26:46.160 --> 26:54.160]  Does that constitute a breach of contract in itself or do they have to actually take the action?
[26:54.160 --> 26:59.160]  That is... OK, this has to do with collection of a debt?
[26:59.160 --> 27:03.160]  Yeah, it has to do with an escrow company on a real estate contract.
[27:03.160 --> 27:12.160]  OK, if a debt collector threatens to take an action that he cannot take or does not intend to take,
[27:12.160 --> 27:21.160]  that's a breach of Fair Debt Collections Practices Act, 15 U.S. Code 1692E, I believe.
[27:21.160 --> 27:23.160]  It's either E or F.
[27:23.160 --> 27:24.160]  OK.
[27:24.160 --> 27:27.160]  Yeah, so absolutely that's a no-no.
[27:27.160 --> 27:30.160]  So I should just go ahead and hit them with that one.
[27:30.160 --> 27:31.160]  Yep.
[27:31.160 --> 27:32.160]  Cool.
[27:32.160 --> 27:34.160]  All right, I'm done.
[27:34.160 --> 27:39.160]  OK, now we're going to go to Mike in Tennessee.
[27:39.160 --> 27:41.160]  Hi, Randy.
[27:41.160 --> 27:43.160]  Howdy, Mike.
[27:43.160 --> 27:50.160]  My question, you know, I went to Chattanooga to the county recorder's office a few days ago
[27:50.160 --> 27:55.160]  and they wouldn't record anything that I took in there and asked them to record.
[27:55.160 --> 28:00.160]  I had 10 different items and this is the second time this has happened.
[28:00.160 --> 28:03.160]  OK, what were the nature of the documents?
[28:03.160 --> 28:07.160]  OK, the first one I showed her was power of attorney.
[28:07.160 --> 28:12.160]  My brother's sick and he gave me power of attorney, you know, over things for him.
[28:12.160 --> 28:17.160]  And so I was going to record that in there and they said, no, you can't do that.
[28:17.160 --> 28:19.160]  It's like, well, you've always done this.
[28:19.160 --> 28:25.160]  This is where you go to record a power of attorney.
[28:25.160 --> 28:28.160]  And so they said, no, Tennessee, you know, we can't do it.
[28:28.160 --> 28:32.160]  And I said, OK, then I showed them that you see C1.
[28:32.160 --> 28:34.160]  They said, no, we can't do that.
[28:34.160 --> 28:35.160]  That's fraudulent.
[28:35.160 --> 28:36.160]  That's common law.
[28:36.160 --> 28:40.160]  We can't do that.
[28:40.160 --> 28:45.160]  OK, then I go, OK, I got some IRS paperwork here that shows that, you know,
[28:45.160 --> 28:50.160]  I'm the boss over his affairs and everything, you know, from the IRS.
[28:50.160 --> 28:51.160]  I need to record that also.
[28:51.160 --> 28:54.160]  No, no, we can't do that.
[28:54.160 --> 28:59.160]  And it is things like that.
[28:59.160 --> 29:03.160]  And then I had a quick claim deed and a warranty deed to put in.
[29:03.160 --> 29:04.160]  You know, couldn't do that.
[29:04.160 --> 29:07.160]  It was like 10 different things.
[29:07.160 --> 29:16.160]  You needed to call security and ask security to take a complaint against the clerk for
[29:16.160 --> 29:26.160]  misfeasance in office for official misconduct to memorialize the incident.
[29:26.160 --> 29:36.160]  The IRS issues probably she was justified because the county recorder only goes to
[29:36.160 --> 29:37.160]  the property records.
[29:37.160 --> 29:40.160]  I'll explain that when I get back on the other side.
[29:40.160 --> 29:44.160]  This is Randy Calton, Debbie Stevens, Eddie Craig, the rule of law radio,
[29:44.160 --> 29:49.160]  a call in number, 512-646-1984.
[29:49.160 --> 29:51.160]  We're running low on callers.
[29:51.160 --> 29:53.160]  Give us a call.
[29:53.160 --> 29:55.160]  Get you quite good in line.
[29:55.160 --> 29:59.160]  We'll take you when we get back on the other side.
[29:59.160 --> 30:05.160]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:05.160 --> 30:07.160]  The government says that fire brought it down.
[30:07.160 --> 30:12.160]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[30:12.160 --> 30:15.160]  Over 6,000 of my fellow service members have given their lives.
[30:15.160 --> 30:18.160]  Thousands of my fellow force responders are playing.
[30:18.160 --> 30:19.160]  I'm not a conspiracy theorist.
[30:19.160 --> 30:20.160]  I'm a structural engineer.
[30:20.160 --> 30:21.160]  I'm a New York City correction officer.
[30:21.160 --> 30:22.160]  I'm an Air Force pilot.
[30:22.160 --> 30:24.160]  I'm a father who lost his son.
[30:24.160 --> 30:27.160]  We're Americans and we deserve the truth.
[30:27.160 --> 30:30.160]  Go to RememberBuilding7.org today.
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[31:00.160 --> 31:06.160]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy.
[31:06.160 --> 31:09.160]  And neither is finding like-minded people to share it with.
[31:09.160 --> 31:12.160]  Oh, well, I guess you haven't heard of Brave New Books then.
[31:12.160 --> 31:13.160]  Brave New Books?
[31:13.160 --> 31:14.160]  Yes.
[31:14.160 --> 31:18.160]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[31:18.160 --> 31:20.160]  Ron Paul and G. Edward Griffin.
[31:20.160 --> 31:24.160]  They even stock Interfood, Verky Products and Calvin Soaps.
[31:24.160 --> 31:27.160]  There's no way a place like that exists.
[31:27.160 --> 31:28.160]  Go check it out for yourself.
[31:28.160 --> 31:32.160]  It's downtown at 1904 Guadalupe Street just south of UT.
[31:32.160 --> 31:36.160]  Oh, by UT? There's never anywhere to park down there.
[31:36.160 --> 31:43.160]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[31:43.160 --> 31:47.160]  It does exist, but when are they open?
[31:47.160 --> 31:52.160]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[31:52.160 --> 32:21.160]  So get them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[32:22.160 --> 32:49.160]  Okay, we are back.
[32:49.160 --> 32:56.160]  We're talking to Mike in Tennessee.
[32:56.160 --> 32:58.160]  Okay, Mike, where were we?
[32:58.160 --> 33:02.160]  Randy, can I bring this back up again for your new listeners?
[33:02.160 --> 33:06.160]  You know, I'm bringing in there a UCC one, okay?
[33:06.160 --> 33:08.160]  And it's about the property and everything.
[33:08.160 --> 33:19.160]  And the lady says, she says, no, you can't file that because it's a scam. That's common law and you cannot record that here.
[33:19.160 --> 33:21.160]  That's what she told me.
[33:21.160 --> 33:28.160]  She said that the Secretary of State's office is a scam.
[33:28.160 --> 33:32.160]  The Secretary of State's office is a scam.
[33:32.160 --> 33:36.160]  Yep, and as UCC ones are a scam.
[33:36.160 --> 33:50.160]  Okay, she just doesn't, the UCC ones have been used in ways that they don't, that a lot of people didn't approve of, but she's just ignorant.
[33:50.160 --> 33:57.160]  You need the petition for a, what do you call it?
[33:57.160 --> 34:07.160]  Rittermandamus, petition district for the county court for Rittermandamus ordering the clerk to file your records.
[34:07.160 --> 34:10.160]  Okay, all right. Yeah, I could do that, couldn't I?
[34:10.160 --> 34:13.160]  Yes, but you know.
[34:13.160 --> 34:17.160]  Actually, would they give me some kind of answer on that?
[34:17.160 --> 34:19.160]  Wait, say that again?
[34:19.160 --> 34:28.160]  You know, like if I file that in, paperwork in to the court, how quick would, would they just review it and come back and give me an answer?
[34:28.160 --> 34:33.160]  If you filed it as an emergency petition, yes, I probably would.
[34:33.160 --> 34:38.160]  Okay, and I also went and looked at her oath of office and her bond.
[34:38.160 --> 34:54.160]  In Chattanooga, all the officials are bonded at $50,000 except two offices. The sheriff's office is only $25,000 and the recorder of deeds office is only $25,000.
[34:54.160 --> 35:07.160]  I go, wow, that is really, really low for all these people. I thought it would have been $150,000, but I guess they feel like they're not going to damage anybody, the sheriff's office and the recorder of deeds.
[35:07.160 --> 35:16.160]  Well, that's, you know, if I was them, I would want more, but that's their insurance policy.
[35:16.160 --> 35:22.160]  Right, can I call, can I call that in because of her, you know, not...
[35:22.160 --> 35:31.160]  Yeah, you can, you can claim that her act was an act of official misconduct by Ms. Feeson's in office.
[35:31.160 --> 35:38.160]  Right, and she says those Tennessee law prohibits her from recording this. That's what she kept claiming.
[35:38.160 --> 35:42.160]  I said, okay, show me the law. She goes, I don't have to show you that law.
[35:42.160 --> 35:47.160]  Okay, then filed criminally against her. Maybe she can show it to the prosecutor's attorney.
[35:47.160 --> 35:57.160]  Well, okay, that's what I want to do, do criminal charges. What can I say to, how can I put the paperwork together for a criminal...
[35:57.160 --> 36:02.160]  Look up, look up official misconduct. Okay, okay.
[36:02.160 --> 36:16.160]  Official misconduct, every state has it. It goes to the Ku Klux Klan Act, and you're in Tennessee, you're obviously going to have some representation of that.
[36:16.160 --> 36:36.160]  Since the Klan started in Pulaski, Tennessee, every state has to have it in one incarnation or another, and it essentially makes it a crime for a public official to fail to perform a duty they're required to perform.
[36:36.160 --> 36:38.160]  Right.
[36:38.160 --> 36:43.160]  So you start filing criminal charges against the clerk, you're going to get her attention.
[36:43.160 --> 36:53.160]  That's what I want to do right there, because I really think she's a good lady. I think she's been purposely mistrained by these attorneys.
[36:53.160 --> 37:01.160]  Yes, and this is the perfect way to get that fixed. She's going to go to them and say, what the heck is going on?
[37:01.160 --> 37:05.160]  You feed me this crap over, now this guy wants me in jail?
[37:05.160 --> 37:15.160]  Right, right. That was my point. If I could just scare her straight, okay, and you know, all this stuff, it would be worth all of this.
[37:15.160 --> 37:20.160]  The filing fee for this would probably be pretty cheap, 50 bucks, wouldn't it?
[37:20.160 --> 37:28.160]  I'm not sure. County court, my county court here in Texas is 120.
[37:28.160 --> 37:36.160]  Well, it's probably what it is here then. So it's $120 go to the county court and just file it in there then.
[37:36.160 --> 37:49.160]  Yeah, and there may be provisions for filing that for a declaratory judgment or a written mandamus. There may be a way to waive that.
[37:49.160 --> 37:55.160]  Oh, okay, okay. Yes, I bet I could in that particular instance there.
[37:55.160 --> 38:04.160]  Okay, all right, I'll let you know how this turns out because, you know, I got to do this just to help the community.
[38:04.160 --> 38:07.160]  Yes, that's our job.
[38:07.160 --> 38:19.160]  Yeah, I think it is my job. And I think this is a nice lady. I'm not doing it directly to her. I'm just trying to get her attention to where she quits list of those crazy attorneys.
[38:19.160 --> 38:24.160]  Yeah, this will give her plausible deniability.
[38:24.160 --> 38:32.160]  That is so good. I can't have it. This is what we've been doing for the last 10 years.
[38:32.160 --> 38:38.160]  It can get to be a little too much fun if you're not careful.
[38:38.160 --> 38:42.160]  Okay, I'll be careful with Randy and I'll let you guys know. Thank you.
[38:42.160 --> 38:50.160]  Okay, thank you for calling Mike. Now we're going to go to Robin in Florida.
[38:50.160 --> 38:54.160]  Hello, Robin. What do you have for us tonight?
[38:54.160 --> 38:58.160]  Hey, Randy. What's going on?
[38:58.160 --> 39:08.160]  Good to be on the call tonight. I spoke to you about a month ago. I don't know if you remember about a case where the mortgage is due.
[39:08.160 --> 39:21.160]  In the case of this missed and they opened it back up after like 70 days of being dismissed, they weren't supposed to do it. The judge didn't have jurisdiction.
[39:21.160 --> 39:30.160]  So my next step was to, you know, I went to the trial and everything, you know, I didn't get money. I didn't win, of course.
[39:30.160 --> 39:35.160]  This was non-jury trial. You know, you waived that in your mortgage.
[39:35.160 --> 39:47.160]  So I got a judgment against me. So my next step is I want to try to, I want to do your process of getting the petition for declaratory judgment
[39:47.160 --> 39:57.160]  based on the assignment by years because it has an assignment by meters after the case is dismissed, by the way.
[39:57.160 --> 40:07.160]  So I guess my question on that is, have you had success with that already? And it's still, or I guess another question I have is,
[40:07.160 --> 40:16.160]  are the judges going to pick up on that or is that an easy decision for them to make as far as the petition for declaratory judgment?
[40:16.160 --> 40:32.160]  They're straightforward, right?
[40:32.160 --> 40:47.160]  Hello?
[41:02.160 --> 41:17.160]  Hello?
[41:17.160 --> 41:33.160]  Hello?
[41:33.160 --> 41:48.160]  Hello?
[41:48.160 --> 42:03.160]  Hello?
[42:03.160 --> 42:20.160]  Hello?
[42:20.160 --> 42:27.160]  Okay. Sorry, folks. I dropped off there for a minute. I had to call back in.
[42:27.160 --> 42:35.160]  It seems like we've lost the call board. I'm not sure what's happening here.
[42:35.160 --> 42:43.160]  Let me give a refresh. We will bring something up. Yes, it looked like we had a glitch of some sort.
[42:43.160 --> 42:51.160]  We've dropped all our calls. If you were talking to us, call back in. Everything is dropped off.
[42:51.160 --> 42:58.160]  So my apologies for that blank space.
[42:58.160 --> 43:07.160]  Okay. Beverly's been having a problem all evening. So we're going to go ahead and take her while she's actually up.
[43:07.160 --> 43:09.160]  Hello, Beverly.
[43:09.160 --> 43:21.160]  It's like quarter to 12 now, and I don't have any minutes left on my phone, so I called out the night and spoke with Eddie Crank, but he didn't really give me an opportunity to explain.
[43:21.160 --> 43:34.160]  And I was going to court yesterday, and the clerk wrote a deed and took my real estate and filed a $10,000 attachment on my other personal assets.
[43:34.160 --> 43:41.160]  Okay. Hang up and call back right after the break so you don't use up your minutes.
[43:41.160 --> 43:47.160]  Call back in about two minutes, so at least you save a couple of minutes.
[43:47.160 --> 44:00.160]  This is Randy Kelton, Davis Stevens, Eddie Craig. We will blow radio. Call in number 512-646-1984. We'll be right back.
[44:00.160 --> 44:04.160]  Are you the plaintiff or defendant in a lawsuit?
[44:04.160 --> 44:15.160]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand four CD course that will show you how in 24 hours, step by step.
[44:15.160 --> 44:23.160]  If you have a lawyer, know what your lawyer should be doing. If you don't have a lawyer, know what you should do for yourself.
[44:23.160 --> 44:34.160]  The law students have won with our step by step course, and now you can too. Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
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[44:43.160 --> 44:56.160]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more. Please visit ruleoflawradio.com and click on the banner.
[44:56.160 --> 45:01.160]  Or call toll free 866-LAW-EZ.
[45:01.160 --> 45:09.160]  The Oklahoma City bombing, top 10 reasons to question the official story. Reason number one, John Doe number two, and other accomplices.
[45:09.160 --> 45:17.160]  On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the Ryder truck report that he was accompanied by other perpetrators.
[45:17.160 --> 45:24.160]  The FBI and federal prosecutors insist that Tim McVeigh alone delivered the Ryder truck bomb to the Murra building and detonated it.
[45:24.160 --> 45:32.160]  The only witness the government produced to place McVeigh at the building that morning, Dana Bradley, who lost her children and one of her legs in the bombing,
[45:32.160 --> 45:39.160]  testified that she saw McVeigh with another man, the fateful John Doe number two, exiting the Ryder truck.
[45:39.160 --> 45:50.160]  While at least 15 other witnesses claim to have seen McVeigh with other perpetrators the day of the bombing, no less than 226 witnesses placed him with other men in the days before the bombing,
[45:50.160 --> 45:57.160]  including when he rented the Ryder truck, and in some cases have positively identified the other perpetrators.
[45:57.160 --> 46:02.160]  For more information, please visit okcbombingtruth.com
[46:27.160 --> 46:52.160]  Okay, we are back. Randy Kelton, Debra Stevens, Eddie Craig, Lou Blair Radio, and Beverly, I'm sorry about that hiccup we had earlier.
[46:52.160 --> 46:58.160]  Everything kind of crashed for a moment there and it took us a while to get back up again.
[46:58.160 --> 47:01.160]  Okay, go ahead, Beverly.
[47:01.160 --> 47:12.160]  Well, I have like, you know, 20% left on my phone, so I'm not really going to be able to explain it to you, I don't believe.
[47:12.160 --> 47:19.160]  I went to court yesterday prior to that.
[47:19.160 --> 47:24.160]  Okay, you have to start us at the beginning. What's the nature of the issue?
[47:24.160 --> 47:30.160]  This is a trust matter. My parents died in Florida in May.
[47:30.160 --> 47:39.160]  The court misappropriated law for a lot, a lot of years. They've been dragging me in and out of court for 18 years.
[47:39.160 --> 47:52.160]  And we were on track and they knew that I was under the jurist under Florida trust law and applied Florida trust law. And then in 2010, this judge just didn't care.
[47:52.160 --> 47:59.160]  And he badgered me and my attorney said he badgered me, but he never went to my defense.
[47:59.160 --> 48:05.160]  And he said he was going to remove me as trustee and he was going to...
[48:05.160 --> 48:14.160]  Okay, okay, wait a minute, wait a minute. You're just complaining. Give us something to work with. What is the issue now?
[48:14.160 --> 48:22.160]  He said we had to hire an accountant to review the accounting and that came back.
[48:22.160 --> 48:30.160]  I filed an appeal and they said it was not a final ruling so they would not act on the appeal.
[48:30.160 --> 48:37.160]  And the accountant never got my documents for 15 months. It didn't misshandle.
[48:37.160 --> 48:43.160]  When I went to court yesterday, the judge said we're going to find out how much money she owed.
[48:43.160 --> 48:48.160]  The accountant said there's no wrongdoing. And I'm sorry, just at midnight, I don't have a lot of money.
[48:48.160 --> 48:52.160]  Wait a minute, wait a minute. You are not making any sense.
[48:52.160 --> 49:01.160]  You're jumping from one to another to another to another to another. I have no idea what you're talking about.
[49:01.160 --> 49:07.160]  Okay, let me explain that. You know, when you're in a fight like this, you tend to...
[49:07.160 --> 49:14.160]  You know all of the details. You have all the referential index. You know how everything ties together.
[49:14.160 --> 49:22.160]  And you tend to go from one high point to the next or one emotional point to the next and to the next.
[49:22.160 --> 49:27.160]  But those of us who don't know all the details, we have no idea what's going on.
[49:27.160 --> 49:34.160]  I need some structure. Have you ever sat down and written out a timeline?
[49:34.160 --> 49:36.160]  Yeah.
[49:36.160 --> 49:45.160]  I need to do that. I need to get down a timeline. It's extremely valuable for keeping everything in order.
[49:45.160 --> 49:50.160]  Are you fighting this? You have a lawyer that's addressing this for you?
[49:50.160 --> 49:54.160]  Every time I had a lawyer, things got worse.
[49:54.160 --> 50:00.160]  That's typical unless you know how to handle your lawyer.
[50:00.160 --> 50:05.160]  Okay, okay. If you're doing this yourself...
[50:05.160 --> 50:07.160]  lawyer.
[50:07.160 --> 50:15.160]  Okay, if you're handling this pro se, you have to get much better at telling stories.
[50:15.160 --> 50:26.160]  If you're filing documentation with the court and you're telling stories like you're telling us stories, you're not going to get anywhere with them.
[50:26.160 --> 50:31.160]  I can't. Yeah, but I just... I'm sorry sir. At midnight, I just... I don't have any brain power.
[50:31.160 --> 50:38.160]  I went to court yesterday on the ball last night and I've been on hold for two hours watching my battery die.
[50:38.160 --> 50:46.160]  I know I'm not going to be able to talk to you, so maybe I need to just shoot you off an email and try and do it that way.
[50:46.160 --> 50:54.160]  Yeah, okay. First thing... First thing I need, first thing is a timeline.
[50:54.160 --> 51:04.160]  I can't even talk to you without a timeline. You have all the details I don't, so you tend to miss these places and when you miss a place, I'm lost.
[51:04.160 --> 51:12.160]  So if I have a timeline, I can pretty well know where you're at all the time. I can keep up with you.
[51:12.160 --> 51:21.160]  And a timeline is this happened, this happened, this happened. No argument, no explanations, just what happened kind of in order.
[51:21.160 --> 51:28.160]  Start out with just an outline of the high points and then go back to look at it and fill in the pieces.
[51:28.160 --> 51:35.160]  You will be surprised the patterns and the issues and what lies out of that timeline once you get it put together.
[51:35.160 --> 51:43.160]  Most valuable thing you can do. And then call us back next Thursday. Email me the timeline.
[51:43.160 --> 51:51.160]  I'm not going to be available next Thursday. Is there somebody else you can call up? Is there a new guy? If I just... I can't do this at midnight. I don't...
[51:51.160 --> 51:58.160]  I'm borderline tears here. No cell phones. There are no results to get on a phone for two hours. I mean, it's really bad.
[51:58.160 --> 52:12.160]  I took the calls as they come. I don't just select one. I took them in order. I'm sorry, it took two hours, but we get a lot of calls.
[52:12.160 --> 52:19.160]  It took four. And then after, you know, and then things go on.
[52:19.160 --> 52:27.160]  Okay, I understand you're frustrated, but we're not the ones who did this and we will try to help you.
[52:27.160 --> 52:35.160]  But I'm going to tell you what we're going to need in order to be able to help you. This is a... Clearly this is a complex case.
[52:35.160 --> 52:45.160]  You have a lot of issues. And when you fought something for this... I need to be able to send it to you so you can look at it and then...
[52:45.160 --> 52:57.160]  Yeah, okay. Don't send me a big stack of documents. Send me a timeline to randy at ruleoflawradio.com.
[52:57.160 --> 53:02.160]  And do you respond that you got it or are hundreds that work?
[53:02.160 --> 53:05.160]  Wait, say that again?
[53:05.160 --> 53:12.160]  Do you push reply that you got it after my dear that you indeed have the information that I put?
[53:12.160 --> 53:19.160]  When I get it, I will send you a reply statement. I've got it.
[53:19.160 --> 53:24.160]  All right. Good night.
[53:24.160 --> 53:32.160]  Yeah, story for everybody here.
[53:32.160 --> 53:41.160]  I was not going to give it to the speed. Yeah, story.
[53:41.160 --> 53:56.160]  I was not going to give it to the speed.
[53:56.160 --> 54:12.160]  I was not going to give it to the speed. Yeah, story.
[54:12.160 --> 54:27.160]  Yeah, story for everybody here.
[54:27.160 --> 54:44.160]  Yeah, story for everybody here.
[54:44.160 --> 54:47.160]  Okay, we are back.
[54:47.160 --> 54:56.160]  Apologize for the empty place there. We're having a bit of a technical difficulty there.
[54:56.160 --> 55:00.160]  We really need to upgrade our systems.
[55:00.160 --> 55:05.160]  We've been working on a push for funds to see if we can get some new equipment.
[55:05.160 --> 55:14.160]  This is kind of the reason we need it because every once in a while we run into some issues where we struggle to keep this thing going.
[55:14.160 --> 55:21.160]  Okay. Apologize for that. Now we're going to go to Robin in Florida.
[55:21.160 --> 55:27.160]  Hello, Robin. What do you have for us today? Oh, didn't we talk to you, Robin?
[55:27.160 --> 55:30.160]  Yeah, but you had one of those little glitches.
[55:30.160 --> 55:34.160]  Oh, that's right. You crashed in me. Okay.
[55:34.160 --> 55:38.160]  I didn't think we were done with you. Okay.
[55:38.160 --> 55:41.160]  I think my voice crashed your system or something.
[55:41.160 --> 55:53.160]  That's probably just Florida people, you know. Florida is the southernmost northern state.
[55:53.160 --> 55:58.160]  There are no southerners in Florida. They're all Yankees.
[55:58.160 --> 56:03.160]  Yeah, I know. I'm not from here either.
[56:03.160 --> 56:07.160]  Okay, you have a mortgage issue.
[56:07.160 --> 56:15.160]  Basically, I have a notice of sale for next Wednesday.
[56:15.160 --> 56:19.160]  I want to know the best way to stop that, I guess.
[56:19.160 --> 56:24.160]  Bankruptcy is the number one way to get automatic and stuff, right?
[56:24.160 --> 56:27.160]  Okay. Sale is not the big problem.
[56:27.160 --> 56:32.160]  If you go down to the sale with a red folder,
[56:32.160 --> 56:37.160]  and when they call your property, you stand up and wave the red folder around
[56:37.160 --> 56:41.160]  and tell them that there is a suit against the property.
[56:41.160 --> 56:44.160]  You buy the property. You buy the suit.
[56:44.160 --> 56:49.160]  Nobody will bid on it and the bank buy it back.
[56:49.160 --> 56:53.160]  That is not a bad outcome.
[56:53.160 --> 56:57.160]  You save the bankruptcy for an eviction hearing.
[56:57.160 --> 57:03.160]  If you get to that point, do you have a lawsuit in place?
[57:03.160 --> 57:07.160]  No, that was actually going to be my next question.
[57:07.160 --> 57:10.160]  Okay, have you sued them at all?
[57:10.160 --> 57:12.160]  No, not as of yet, no.
[57:12.160 --> 57:18.160]  Okay, I would like you to take the phone and beat yourself around the eyes in the ears
[57:18.160 --> 57:21.160]  and knock some sense into yourself.
[57:21.160 --> 57:24.160]  Well, I don't want you to do that.
[57:24.160 --> 57:28.160]  Okay, do this. Make up a lawsuit.
[57:28.160 --> 57:31.160]  And in the suit, you say,
[57:31.160 --> 57:37.160]  whoever has sent you the last demand for payment,
[57:37.160 --> 57:39.160]  who are you?
[57:39.160 --> 57:41.160]  I don't know who you are.
[57:41.160 --> 57:45.160]  I never entered into a contract with you.
[57:45.160 --> 57:52.160]  I never entered into a contract with the entity you claim to be your principal.
[57:52.160 --> 57:54.160]  You claim I owe you a debt?
[57:54.160 --> 57:56.160]  Prove it up.
[57:56.160 --> 57:59.160]  Okay, we'll pick this up on the other side.
[57:59.160 --> 58:02.160]  This is what we do as a first shot.
[58:02.160 --> 58:05.160]  And we file this in the federal court.
[58:05.160 --> 58:07.160]  So you can...
[58:07.160 --> 58:10.160]  Okay, I'll explain this on the other side.
[58:10.160 --> 58:13.160]  It's the thing we do before bankruptcy.
[58:13.160 --> 58:18.160]  If all else fails, we do this and do a removal to the federal court.
[58:18.160 --> 58:21.160]  And if the federal court kicks it back, then we do bankruptcy.
[58:21.160 --> 58:24.160]  But bankruptcy is absolutely the last thing.
[58:24.160 --> 58:25.160]  Hang on, Robin.
[58:25.160 --> 58:28.160]  This is Randy Calton, Debbie Steeve, and J.D. Craig.
[58:28.160 --> 58:33.160]  We, with our radio, are calling number 512-646-1984.
[58:33.160 --> 58:35.160]  We've got one hour left.
[58:35.160 --> 58:37.160]  And hopefully no more technical problems.
[58:37.160 --> 58:39.160]  So give us a call. Get in line.
[58:39.160 --> 58:41.160]  We'll take you in the order we get you.
[58:41.160 --> 58:44.160]  But we'll be right back.
[58:44.160 --> 58:46.160]  Copyright © BF-WATCH TV 2021
[59:14.160 --> 59:18.160]  Are a three-volume set called Basic Elements of the Christian Life.
[59:18.160 --> 59:21.160]  Chapter by chapter, Basic Elements of the Christian Life,
[59:21.160 --> 59:25.160]  clearly presents God's plan of salvation, growing in Christ,
[59:25.160 --> 59:27.160]  and how to build up the church.
[59:27.160 --> 59:30.160]  To order your free New Testament recovery version
[59:30.160 --> 59:33.160]  and Basic Elements of the Christian Life,
[59:33.160 --> 59:40.160]  call Bibles for America toll free at 888-551-0102.
[59:40.160 --> 59:44.160]  That's 888-551-0102.
[59:44.160 --> 59:49.160]  Or visit us online at bfa.org.
[01:00:03.160 --> 01:00:05.160]  Once marketers wanted to know all about you,
[01:00:05.160 --> 01:00:08.160]  but now they want to know all about your friends.
[01:00:08.160 --> 01:00:10.160]  I'm Dr. Cameron Albright,
[01:00:10.160 --> 01:00:12.160]  and I'll be back to tell you about the tracking technique
[01:00:12.160 --> 01:00:41.160]  web advertisers call social retargeting in a moment.
[01:00:42.160 --> 01:00:45.160]  Start Over with Start Page.
[01:00:45.160 --> 01:00:48.160]  We know marketers can track our web surfing habits
[01:00:48.160 --> 01:00:50.160]  by placing cookies in our browsers.
[01:00:50.160 --> 01:00:53.160]  But now marketers aren't just tracking you.
[01:00:53.160 --> 01:00:55.160]  They're tracking who your friends are
[01:00:55.160 --> 01:00:57.160]  and what you share with them.
[01:00:57.160 --> 01:01:00.160]  Social retargeting works by mapping social networks
[01:01:00.160 --> 01:01:01.160]  without your knowledge.
[01:01:01.160 --> 01:01:04.160]  Companies do it by offering link shorteners or apps
[01:01:04.160 --> 01:01:06.160]  that make it easy to share an article
[01:01:06.160 --> 01:01:08.160]  or a link with your friends and family.
[01:01:08.160 --> 01:01:10.160]  But those links contain data
[01:01:10.160 --> 01:01:12.160]  that transmits your identity.
[01:01:12.160 --> 01:01:14.160]  When your friends click the links,
[01:01:14.160 --> 01:01:16.160]  you both get tracked together.
[01:01:16.160 --> 01:01:18.160]  Regular cookies are invasive enough,
[01:01:18.160 --> 01:01:20.160]  but seeing ads because some advertiser
[01:01:20.160 --> 01:01:22.160]  knows what your roommate likes
[01:01:22.160 --> 01:01:24.160]  is stepping way over the line.
[01:01:24.160 --> 01:01:26.160]  I'm Dr. Cameron Albright for StartPage.com,
[01:01:26.160 --> 01:01:29.160]  the world's most private search engine.
[01:01:34.160 --> 01:01:36.160]  Keep your voice down.
[01:01:36.160 --> 01:01:38.160]  The government now has Russian technology
[01:01:38.160 --> 01:01:40.160]  that matches identities to voices
[01:01:40.160 --> 01:01:42.160]  so it can tell who's doing the talking.
[01:01:42.160 --> 01:01:44.160]  I'm Dr. Cameron Albright.
[01:01:44.160 --> 01:01:47.160]  Back to tell you how it works after this.
[01:01:47.160 --> 01:01:49.160]  Privacy is under attack.
[01:01:49.160 --> 01:01:51.160]  When you give up data about yourself,
[01:01:51.160 --> 01:01:53.160]  you'll never get it back again.
[01:01:53.160 --> 01:01:55.160]  And once your privacy is gone,
[01:01:55.160 --> 01:01:58.160]  you'll find your freedoms will start to vanish too.
[01:01:58.160 --> 01:01:59.160]  So protect your rights.
[01:01:59.160 --> 01:02:01.160]  Say no to surveillance
[01:02:01.160 --> 01:02:03.160]  and keep your information to yourself.
[01:02:03.160 --> 01:02:05.160]  Privacy, it's worth hanging onto.
[01:02:05.160 --> 01:02:07.160]  This message is brought to you by
[01:02:07.160 --> 01:02:10.160]  StartPage.com, the private search engine alternative
[01:02:10.160 --> 01:02:12.160]  to Google, Yahoo, and Bing.
[01:02:12.160 --> 01:02:15.160]  Start over with StartPage.
[01:02:16.160 --> 01:02:18.160]  Since 2001, when the Patriot Act
[01:02:18.160 --> 01:02:21.160]  opened the doors to electronic surveillance,
[01:02:21.160 --> 01:02:23.160]  Big Brother has gone crazy,
[01:02:23.160 --> 01:02:25.160]  vacuuming up all of our data.
[01:02:25.160 --> 01:02:27.160]  Now it has a new tactic,
[01:02:27.160 --> 01:02:30.160]  courtesy of our former communist allies, the Russians.
[01:02:30.160 --> 01:02:32.160]  It's called Voice Grid Nation,
[01:02:32.160 --> 01:02:34.160]  and it analyzes and identifies voices,
[01:02:34.160 --> 01:02:37.160]  courtesy of Russia's Speech Technology Center.
[01:02:37.160 --> 01:02:39.160]  When authorities intercept a call,
[01:02:39.160 --> 01:02:42.160]  the speaker's voice is compared to millions of others,
[01:02:42.160 --> 01:02:43.160]  like a fingerprint.
[01:02:43.160 --> 01:02:45.160]  How long does it take for a match?
[01:02:45.160 --> 01:02:46.160]  Three seconds.
[01:02:46.160 --> 01:02:49.160]  So watch what you say on the phone, comrades.
[01:02:49.160 --> 01:02:51.160]  Whether you say your name or not,
[01:02:51.160 --> 01:02:53.160]  Big Brother may know who's talking.
[01:02:53.160 --> 01:02:56.160]  I'm Dr. Catherine Albright for StartPage.com,
[01:02:56.160 --> 01:03:05.160]  the world's most private search engine.
[01:03:26.160 --> 01:03:28.160]  Okay, okay, we are back.
[01:03:28.160 --> 01:03:30.160]  Randy Kelton, Deborah Stevens, Eddie Craig,
[01:03:30.160 --> 01:03:32.160]  Roodle Law Radio,
[01:03:32.160 --> 01:03:36.160]  and we're talking to Robin in Florida.
[01:03:36.160 --> 01:03:38.160]  And during the right break,
[01:03:38.160 --> 01:03:40.160]  Robin was beating himself around the eyes
[01:03:40.160 --> 01:03:43.160]  in the ears with his telephone receiver.
[01:03:43.160 --> 01:03:45.160]  I'm officially...
[01:03:45.160 --> 01:03:47.160]  Okay, the suit is great.
[01:03:47.160 --> 01:03:49.160]  They're easy to file.
[01:03:49.160 --> 01:03:52.160]  Everybody should know how easy it is
[01:03:52.160 --> 01:03:54.160]  to file a federal lawsuit.
[01:03:54.160 --> 01:03:56.160]  It's a piece of cake.
[01:03:56.160 --> 01:04:00.160]  And it really gets them hopping and jumping.
[01:04:00.160 --> 01:04:06.160]  And in this case, the first thing is a FDCPA suit,
[01:04:06.160 --> 01:04:15.160]  because it goes to do not stipulate to anything.
[01:04:15.160 --> 01:04:19.160]  You see, you know you entered into a loan agreement,
[01:04:19.160 --> 01:04:23.160]  and you signed a mortgage document.
[01:04:23.160 --> 01:04:30.160]  What you don't know is if this guy who's sending you this bill
[01:04:30.160 --> 01:04:36.160]  is collecting on the mortgage agreement you signed,
[01:04:36.160 --> 01:04:39.160]  or the note that you signed.
[01:04:39.160 --> 01:04:42.160]  He claims he is, but you don't know if he is or not.
[01:04:42.160 --> 01:04:48.160]  So these issues are very well adjudicated in law.
[01:04:48.160 --> 01:04:53.160]  And it goes to the maximum, whoever makes a claim,
[01:04:53.160 --> 01:04:57.160]  a proactive claim, has duty to prove up the claim.
[01:04:57.160 --> 01:05:01.160]  If you make a claim to me that I owe you money,
[01:05:01.160 --> 01:05:05.160]  I don't have to prove that I don't owe you money.
[01:05:05.160 --> 01:05:09.160]  You have to prove a due.
[01:05:09.160 --> 01:05:13.160]  This, whoever sends you the last demand for payment,
[01:05:13.160 --> 01:05:20.160]  claimed the authority to collect on that note.
[01:05:20.160 --> 01:05:26.160]  Well, you dispute their claim.
[01:05:26.160 --> 01:05:28.160]  Once you dispute the claim,
[01:05:28.160 --> 01:05:32.160]  then the duty onus is on them to prove up the claim.
[01:05:32.160 --> 01:05:34.160]  And that's what this first suit is about.
[01:05:34.160 --> 01:05:37.160]  It asks for nothing else.
[01:05:37.160 --> 01:05:39.160]  We ask for three times the original amount
[01:05:39.160 --> 01:05:43.160]  that they're trying to collect as in fraud claim
[01:05:43.160 --> 01:05:47.160]  if they can't prove up their position.
[01:05:47.160 --> 01:05:51.160]  The only thing, we have two causes of action.
[01:05:51.160 --> 01:06:02.160]  First cause of action is under FDCPA 15 USC 1692 ENF.
[01:06:02.160 --> 01:06:06.160]  This goes to any debt collector
[01:06:06.160 --> 01:06:13.160]  who makes a claim who threatens to take an action
[01:06:13.160 --> 01:06:16.160]  that they do not intend to take
[01:06:16.160 --> 01:06:20.160]  or do not have the authority to take.
[01:06:20.160 --> 01:06:23.160]  They breach FDCPA.
[01:06:23.160 --> 01:06:26.160]  And what they're going to say is,
[01:06:26.160 --> 01:06:29.160]  they're not debt collectors.
[01:06:29.160 --> 01:06:31.160]  They're attempting to recover collateral
[01:06:31.160 --> 01:06:36.160]  and they fall under the exclusion under 1692.
[01:06:36.160 --> 01:06:38.160]  Yeah, I believe it is.
[01:06:38.160 --> 01:06:45.160]  And that was actually written for like repo companies.
[01:06:45.160 --> 01:06:49.160]  The repo company is not trying to collect any money.
[01:06:49.160 --> 01:06:51.160]  They're recovering collateral.
[01:06:51.160 --> 01:06:54.160]  So they're not considered a debt collector.
[01:06:54.160 --> 01:06:58.160]  These guys are trying to claim that we're not debt collectors.
[01:06:58.160 --> 01:07:02.160]  We're trying to recover the property, the collateral.
[01:07:02.160 --> 01:07:04.160]  But they're not.
[01:07:04.160 --> 01:07:07.160]  They're sending you a demand that you pay a money.
[01:07:07.160 --> 01:07:12.160]  If you don't pay a money, then they're going to try to collect.
[01:07:12.160 --> 01:07:15.160]  But before we even get to that,
[01:07:15.160 --> 01:07:19.160]  and here's the argument in this FDCPA suit.
[01:07:19.160 --> 01:07:26.160]  This is an issue that is still in flux in the courts.
[01:07:26.160 --> 01:07:32.160]  Under 16, the 15 U.S. Code 1692 G,
[01:07:32.160 --> 01:07:35.160]  when you send a debt validation letter,
[01:07:35.160 --> 01:07:43.160]  the debt collector is required to prove up his agency standing in capacity.
[01:07:43.160 --> 01:07:46.160]  And what they're saying is, we're not a debt collector,
[01:07:46.160 --> 01:07:50.160]  so that doesn't apply.
[01:07:50.160 --> 01:07:56.160]  And the issue we're bringing is,
[01:07:56.160 --> 01:08:04.160]  does a person fall outside the authority of the FDCPA
[01:08:04.160 --> 01:08:09.160]  based on an unfounded claim?
[01:08:09.160 --> 01:08:14.160]  This person claimed that they were not a debt collector.
[01:08:14.160 --> 01:08:19.160]  We maintain that they must be construed as a debt collector
[01:08:19.160 --> 01:08:24.160]  until such time as they prove up their claim.
[01:08:24.160 --> 01:08:27.160]  They made the claim. We dispute the claim.
[01:08:27.160 --> 01:08:31.160]  The duty is on them to prove up the claim.
[01:08:31.160 --> 01:08:37.160]  The alternative would be that all a person had to do is claim
[01:08:37.160 --> 01:08:39.160]  that he's not a debt collector,
[01:08:39.160 --> 01:08:43.160]  and it would negate the remedy intended by the legislature
[01:08:43.160 --> 01:08:48.160]  when they passed the Fair Debt Collections Practices Act.
[01:08:48.160 --> 01:08:51.160]  They asked the court to give us that ruling.
[01:08:51.160 --> 01:08:54.160]  We say they're a debt collector until they prove they're not.
[01:08:54.160 --> 01:08:59.160]  They say, if they claim they're not, they don't have to prove anything.
[01:08:59.160 --> 01:09:01.160]  Does that make sense?
[01:09:01.160 --> 01:09:03.160]  Yeah.
[01:09:03.160 --> 01:09:06.160]  And that is a very focused issue.
[01:09:06.160 --> 01:09:13.160]  And in this suit, all you ask for is the proof of agency
[01:09:13.160 --> 01:09:18.160]  that defendant must already have.
[01:09:18.160 --> 01:09:23.160]  Before a lawyer can make a claim in the name of the plaintiff,
[01:09:23.160 --> 01:09:26.160]  of their principal,
[01:09:26.160 --> 01:09:30.160]  they have a duty to investigate the claims of their principal.
[01:09:30.160 --> 01:09:35.160]  They cannot depend on the veracity of the principal.
[01:09:35.160 --> 01:09:41.160]  If they attempt to claim of the principal,
[01:09:41.160 --> 01:09:45.160]  then they're liable for what they do.
[01:09:45.160 --> 01:09:50.160]  So, since you are a prudent businessman,
[01:09:50.160 --> 01:09:57.160]  surely you have taken action and done investigation to ensure
[01:09:57.160 --> 01:10:03.160]  that your principal has agency and capacity.
[01:10:03.160 --> 01:10:09.160]  So, show it to us.
[01:10:09.160 --> 01:10:18.160]  Show us what you already have.
[01:10:18.160 --> 01:10:25.160]  I have another question about the security instrument,
[01:10:25.160 --> 01:10:29.160]  the mortgage being transferred with the note,
[01:10:29.160 --> 01:10:32.160]  and you were saying basically go after them,
[01:10:32.160 --> 01:10:38.160]  not based on Teela Ressler or those other claims of breach of contract.
[01:10:38.160 --> 01:10:42.160]  I was thinking about that and my question came up was,
[01:10:42.160 --> 01:10:43.160]  you know, they're always going to say,
[01:10:43.160 --> 01:10:46.160]  oh, the mortgage always follows the note.
[01:10:46.160 --> 01:10:48.160]  And that's what they'll say.
[01:10:48.160 --> 01:10:51.160]  That's what the judge will go along with.
[01:10:51.160 --> 01:10:52.160]  Oh, no, no, no, no.
[01:10:52.160 --> 01:10:56.160]  That's not the issue.
[01:10:56.160 --> 01:10:59.160]  Hope of Teela Ressler.
[01:10:59.160 --> 01:11:04.160]  It's generally in the deeds of trust, it'll be covered at 15,
[01:11:04.160 --> 01:11:06.160]  but you're going to have it in your mortgage.
[01:11:06.160 --> 01:11:08.160]  It'll be 14 or 15.
[01:11:08.160 --> 01:11:17.160]  It'll be right in there somewhere that requires that the lender abide by all law.
[01:11:17.160 --> 01:11:24.160]  So when he breaches FDCPA, we don't have to claim it under FDCPA.
[01:11:24.160 --> 01:11:28.160]  We claim it as a breach of contract.
[01:11:28.160 --> 01:11:33.160]  And this doesn't go to the argument that the deed of trust follows the note.
[01:11:33.160 --> 01:11:35.160]  We don't care about that.
[01:11:35.160 --> 01:11:38.160]  We don't care what they did with the note.
[01:11:38.160 --> 01:11:42.160]  All we want to know when I get a securities analysis,
[01:11:42.160 --> 01:11:45.160]  only thing I care about,
[01:11:45.160 --> 01:11:52.160]  did the lender negotiate the note to a third party
[01:11:52.160 --> 01:11:59.160]  that was not the exact same party to whom the deed of trust or mortgage was transferred.
[01:11:59.160 --> 01:12:01.160]  That's all I care about.
[01:12:01.160 --> 01:12:03.160]  I don't care where it went after that.
[01:12:03.160 --> 01:12:06.160]  I don't care how many trusts it's been through.
[01:12:06.160 --> 01:12:08.160]  I don't care how many times it's been sold.
[01:12:08.160 --> 01:12:18.160]  I only care was it negotiated to a party to whom the deed of trust was not,
[01:12:18.160 --> 01:12:21.160]  or the mortgage was not also transferred.
[01:12:21.160 --> 01:12:27.160]  Why is that the only thing I'm concerned about?
[01:12:27.160 --> 01:12:31.160]  Read your mortgage carefully.
[01:12:31.160 --> 01:12:34.160]  It's generally in Covenant 20.
[01:12:34.160 --> 01:12:44.160]  It'll be 1920 or 21, depending on FHA mortgage or deed of trust.
[01:12:44.160 --> 01:12:50.160]  Where the FHA doesn't have an authorization to sell at all.
[01:12:50.160 --> 01:12:54.160]  But if it has an authorization to sell the note,
[01:12:54.160 --> 01:12:59.160]  it'll say that the lender may sell a portion of the note or the entire note,
[01:12:59.160 --> 01:13:06.160]  with brackets together with this security instrument.
[01:13:06.160 --> 01:13:10.160]  Now, I don't care what they did with the note.
[01:13:10.160 --> 01:13:17.160]  Once they sent the note somewhere other than this security instrument,
[01:13:17.160 --> 01:13:25.160]  because at that point they breached Covenant 20 in a claim breach contract.
[01:13:25.160 --> 01:13:29.160]  That will overcome them saying, well, the mortgage automatically follows the note.
[01:13:29.160 --> 01:13:32.160]  That's okay. That'll be fine.
[01:13:32.160 --> 01:13:34.160]  It follows the note.
[01:13:34.160 --> 01:13:41.160]  Then if it followed it, you had a duty to notice that it followed it.
[01:13:41.160 --> 01:13:48.160]  See, your argument is not that they don't have authority to collect on this mortgage,
[01:13:48.160 --> 01:13:54.160]  because the holder of the note is not also the holder of the mortgage.
[01:13:54.160 --> 01:14:00.160]  Your argument is they separated the two.
[01:14:00.160 --> 01:14:04.160]  The deed of trust says you can't separate the two.
[01:14:04.160 --> 01:14:09.160]  You transferred the deed of trust to a servicer.
[01:14:09.160 --> 01:14:15.160]  And while the mortgage claim may follow the note, the deed of trust didn't.
[01:14:15.160 --> 01:14:20.160]  I mean, the mortgage claim, the mortgage itself didn't.
[01:14:20.160 --> 01:14:24.160]  And Covenant 20 doesn't talk about the claim.
[01:14:24.160 --> 01:14:27.160]  It talks about the document.
[01:14:27.160 --> 01:14:33.160]  This security instrument, it did not follow.
[01:14:33.160 --> 01:14:36.160]  It stayed with the servicer.
[01:14:36.160 --> 01:14:40.160]  Okay, we probably won't win that one. We don't care.
[01:14:40.160 --> 01:14:44.160]  You're not going to win it because you got the good argument.
[01:14:44.160 --> 01:14:51.160]  You're going to win it because you're going to keep them in court until everybody gets old.
[01:14:51.160 --> 01:14:53.160]  That's one. Okay, you've got a number.
[01:14:53.160 --> 01:14:57.160]  Read that mortgage. There's a number of them.
[01:14:57.160 --> 01:15:04.160]  One thing to look at. Did you put down more than 20% when you purchased?
[01:15:04.160 --> 01:15:08.160]  No, I got an 80-20 loan.
[01:15:08.160 --> 01:15:09.160]  Okay.
[01:15:09.160 --> 01:15:12.160]  Then you had to have private mortgage insurance.
[01:15:12.160 --> 01:15:17.160]  Did you ever see a private mortgage insurance policy?
[01:15:17.160 --> 01:15:19.160]  Nope.
[01:15:19.160 --> 01:15:23.160]  Request it. Demand it.
[01:15:23.160 --> 01:15:26.160]  Read Covenant 10.
[01:15:26.160 --> 01:15:28.160]  Read Covenant 20.
[01:15:28.160 --> 01:15:30.160]  Read Covenant 20.
[01:15:30.160 --> 01:15:32.160]  Read Covenant 20.
[01:15:32.160 --> 01:15:34.160]  Read Covenant 20.
[01:15:34.160 --> 01:15:36.160]  Read Covenant 20.
[01:15:36.160 --> 01:15:38.160]  Read Covenant 20.
[01:15:38.160 --> 01:15:40.160]  Read Covenant 20.
[01:15:40.160 --> 01:15:43.160]  Read Covenant 10.
[01:15:43.160 --> 01:15:51.160]  Covenant 10 says that they can secure private mortgage insurance,
[01:15:51.160 --> 01:15:53.160]  but if they're unable to get private mortgage insurance,
[01:15:53.160 --> 01:16:01.160]  they can keep collecting the payments for private mortgage insurance and insure themselves.
[01:16:01.160 --> 01:16:08.160]  So if they can't produce a private mortgage insurance policy, then the presumption must be they insure it.
[01:16:08.160 --> 01:16:11.160]  They indemnified themselves.
[01:16:11.160 --> 01:16:16.160]  Now, if a private mortgage insurance company had to pay off the mortgage,
[01:16:16.160 --> 01:16:21.160]  they could come back and make a claim against you under subrogation.
[01:16:21.160 --> 01:16:28.160]  But if the mortgage company indemnified itself, it is not harmed.
[01:16:28.160 --> 01:16:32.160]  So if they can't produce a private mortgage insurance policy,
[01:16:32.160 --> 01:16:37.160]  then they indemnified themselves and the mortgage is paid off 85% anyway.
[01:16:37.160 --> 01:16:42.160]  Hang on, this is Randy Kelton, Deb. Stephen, Daddy Craig, Rule of Law Radio,
[01:16:42.160 --> 01:16:49.160]  our call-in number, 512-646-1984.
[01:16:49.160 --> 01:16:53.160]  Give us a call. We've got a couple segments left.
[01:16:53.160 --> 01:17:00.160]  Get in line. We'll be right back.
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[01:19:25.160 --> 01:19:33.160]  If I can't get everything I want, yeah, we get a ranger.
[01:19:33.160 --> 01:19:44.160]  If I can't get everything I need, yeah, we never get a ranger.
[01:19:44.160 --> 01:19:55.160]  If I can't get everything I need, yeah, we never get a ranger.
[01:19:55.160 --> 01:20:02.160]  If I can't get everything I need, yeah, we never get a ranger.
[01:20:02.160 --> 01:20:15.160]  Where were we when we went out? We had a busy break and I lost track.
[01:20:15.160 --> 01:20:18.160]  You were at the EMI Insurance...
[01:20:18.160 --> 01:20:23.160]  Oh, yeah, this is a good one.
[01:20:23.160 --> 01:20:28.160]  Since they indemnified themselves, I don't know that anybody's ever brought this up,
[01:20:28.160 --> 01:20:34.160]  but if you read that Covenant 10, you'll be surprised what you see in there.
[01:20:34.160 --> 01:20:39.160]  We had a guy in New York State who was a real estate agent,
[01:20:39.160 --> 01:20:44.160]  and he tried for four years to find a private mortgage insurance policy.
[01:20:44.160 --> 01:20:47.160]  Never got one.
[01:20:47.160 --> 01:20:50.160]  That's what got me looking at this issue.
[01:20:50.160 --> 01:20:56.160]  They're charging you money for private mortgage insurance,
[01:20:56.160 --> 01:21:01.160]  and they don't come up with a policy.
[01:21:01.160 --> 01:21:12.160]  So that means they're taking this money and kept this money to indemnify themselves against harm.
[01:21:12.160 --> 01:21:20.160]  So if they have to take part of this money they have collected from you and other people
[01:21:20.160 --> 01:21:26.160]  and use it to cover this claim, they haven't been harmed.
[01:21:26.160 --> 01:21:31.160]  Yeah, it would be only the insurance company that could come after me, right?
[01:21:31.160 --> 01:21:34.160]  The insurance company could if there was one.
[01:21:34.160 --> 01:21:36.160]  Yes, yeah.
[01:21:36.160 --> 01:21:40.160]  Then in California there's no subrogation so the insurance company can come after you.
[01:21:40.160 --> 01:21:43.160]  I don't know if there is in Florida or not.
[01:21:43.160 --> 01:21:49.160]  But in any case, it would be the insurance company that would have a claim.
[01:21:49.160 --> 01:21:55.160]  If they paid off the note and the property sold for less than what they paid,
[01:21:55.160 --> 01:21:59.160]  then they could come after you for the difference.
[01:21:59.160 --> 01:22:07.160]  But if the lender indemnified himself and then he sold the property,
[01:22:07.160 --> 01:22:16.160]  you would have a right to 85% of the principal to take what the property sold for
[01:22:16.160 --> 01:22:28.160]  and subtract it from the note of what's owed and then add 85% of the original principal to that
[01:22:28.160 --> 01:22:32.160]  and you get the balance.
[01:22:32.160 --> 01:22:35.160]  So they're not doing that.
[01:22:35.160 --> 01:22:45.160]  If they foreclose and they suffer indemnified, they owe 85% of the principal into the note pool.
[01:22:45.160 --> 01:22:51.160]  So if you owe 50% of the note, you'd have 35% coming back.
[01:22:51.160 --> 01:22:57.160]  Or say the property sells for 50% value, you'd have 35% coming back.
[01:22:57.160 --> 01:22:59.160]  Yeah.
[01:22:59.160 --> 01:23:04.160]  So that's another issue to read that mortgage.
[01:23:04.160 --> 01:23:05.160]  Yeah.
[01:23:05.160 --> 01:23:06.160]  Twice.
[01:23:06.160 --> 01:23:08.160]  Twice.
[01:23:08.160 --> 01:23:11.160]  And you'll find a number of issues you can claim in there.
[01:23:11.160 --> 01:23:15.160]  For get all of us, we can help you with it, this is what we do.
[01:23:15.160 --> 01:23:18.160]  We do that with remedies and real estate.
[01:23:18.160 --> 01:23:19.160]  Yeah.
[01:23:19.160 --> 01:23:23.160]  And as far as the insurance issue, you're saying the issue of insurance,
[01:23:23.160 --> 01:23:27.160]  even if your first loan is an 80% to value loan?
[01:23:27.160 --> 01:23:28.160]  Yeah.
[01:23:28.160 --> 01:23:29.160]  Okay.
[01:23:29.160 --> 01:23:36.160]  If you put down less than 80%, I'm sorry, if you put down less than 20%,
[01:23:36.160 --> 01:23:42.160]  then they always charge you for private mortgage insurance.
[01:23:42.160 --> 01:23:47.160]  The fact that they break it into an 80, 20 is just a scam.
[01:23:47.160 --> 01:23:56.160]  They can, okay, before you sign the note, you can qualify for an 80% loan.
[01:23:56.160 --> 01:24:00.160]  If you send that to the underwriter, he can look at that and say,
[01:24:00.160 --> 01:24:08.160]  you have a property worth 100,000 and you're only getting 80,000 against it.
[01:24:08.160 --> 01:24:09.160]  You'd qualify for that.
[01:24:09.160 --> 01:24:11.160]  That shows 20% down.
[01:24:11.160 --> 01:24:14.160]  And then you got this other one over here.
[01:24:14.160 --> 01:24:17.160]  It's 20% against 100,000 dollar property.
[01:24:17.160 --> 01:24:19.160]  You qualify for that easy.
[01:24:19.160 --> 01:24:25.160]  And then they send them both in at the same, once they're approved separately,
[01:24:25.160 --> 01:24:28.160]  then they send them both in at the same time.
[01:24:28.160 --> 01:24:31.160]  That's fraud.
[01:24:31.160 --> 01:24:34.160]  80, 20 loan is fraud.
[01:24:34.160 --> 01:24:41.160]  If they did it like that, that's blatantly, I guess.
[01:24:41.160 --> 01:24:48.160]  But the problem is, is the fraud is against the bank that's trying to foreclose on you.
[01:24:48.160 --> 01:24:54.160]  And we had maintained that the bank was involved, was engaged in the fraud itself,
[01:24:54.160 --> 01:24:58.160]  because they never wanted you to pay it back to start with.
[01:24:58.160 --> 01:25:02.160]  They have mortgage insurance, but it's in the form of derivatives,
[01:25:02.160 --> 01:25:05.160]  which they do not want to reveal.
[01:25:05.160 --> 01:25:09.160]  With that goes to a whole other argument, and I don't even want to go to those.
[01:25:09.160 --> 01:25:18.160]  Let's stay with the need of trust and assume on something that's real easy for a court to adjudicate.
[01:25:18.160 --> 01:25:25.160]  We start going to the securitization issues to MERS, MERS is red herring.
[01:25:25.160 --> 01:25:34.160]  They drug MERS across our track, so we would get a sniff of MERS and head off after MERS.
[01:25:34.160 --> 01:25:38.160]  Why were they wanted us to go?
[01:25:38.160 --> 01:25:46.160]  They didn't want us to track back down that deed of trust or that mortgage and read those covenants.
[01:25:46.160 --> 01:25:52.160]  If MERS is included in the mortgage or the deed of trust,
[01:25:52.160 --> 01:25:57.160]  that is evidence of intent to breach the deed of trust,
[01:25:57.160 --> 01:26:06.160]  the one that authorizes them to sell some note together with its security instruments.
[01:26:06.160 --> 01:26:17.160]  MERS is not even operative because the lender didn't sign the deed of trust or the mortgage.
[01:26:17.160 --> 01:26:23.160]  They didn't affirm concessions by the lender included in the document.
[01:26:23.160 --> 01:26:30.160]  In your petition for declaratory judgment, the route that you go, is that what you bring up?
[01:26:30.160 --> 01:26:34.160]  No, that's different.
[01:26:34.160 --> 01:26:43.160]  In your petition for declaratory judgment, the issue of MERS,
[01:26:43.160 --> 01:26:48.160]  we can only go for declaratory judgment if we have MERS in the contract.
[01:26:48.160 --> 01:26:54.160]  The contract is not affirmed by the lender and then MERS filed an assignment.
[01:26:54.160 --> 01:27:00.160]  We could go for declaratory judgment on assignment and say that the assignment is void
[01:27:00.160 --> 01:27:05.160]  because MERS didn't have the authority to do the assignment
[01:27:05.160 --> 01:27:12.160]  because the lender never granted them that authority by signing the mortgage.
[01:27:12.160 --> 01:27:16.160]  But the mortgage itself is not void for that reason.
[01:27:16.160 --> 01:27:19.160]  Okay, this time it will be.
[01:27:19.160 --> 01:27:28.160]  Yeah, only that section that assigns MERS as beneficiary and nominee,
[01:27:28.160 --> 01:27:31.160]  that portion is void because the lender didn't sign it.
[01:27:31.160 --> 01:27:39.160]  But the rest of it's still valid, at least from the initiation by the borrower.
[01:27:39.160 --> 01:27:43.160]  Other arguments will make to void the deed of trust.
[01:27:43.160 --> 01:27:57.160]  And generally, Covenant 24 specifically authorizes the lender to assign a trustee.
[01:27:57.160 --> 01:28:01.160]  If MERS is included in the deed of trust,
[01:28:01.160 --> 01:28:09.160]  it must be construed that the crafter of the document was aware that MERS was included.
[01:28:09.160 --> 01:28:16.160]  And when it stated that the lender may appoint a substitute trustee
[01:28:16.160 --> 01:28:20.160]  and did not say that MERS could appoint one,
[01:28:20.160 --> 01:28:24.160]  that it did not intend that MERS be able to appoint one.
[01:28:24.160 --> 01:28:28.160]  What's not included is excluded.
[01:28:28.160 --> 01:28:30.160]  So that's another argument.
[01:28:30.160 --> 01:28:35.160]  That even if MERS was shown to have some authority,
[01:28:35.160 --> 01:28:40.160]  it doesn't have authority to assign a substitute trustee.
[01:28:40.160 --> 01:28:44.160]  And for that we could go in and challenge the substitute trustee,
[01:28:44.160 --> 01:28:47.160]  the appointment of substitute trustee.
[01:28:47.160 --> 01:28:52.160]  There's a lot of this stuff, way too much to discuss here.
[01:28:52.160 --> 01:28:55.160]  You might want to call Remedy's real estate.
[01:28:55.160 --> 01:29:00.160]  David Lewis at Remedy's real estate talked to him about it.
[01:29:00.160 --> 01:29:01.160]  Send me an email.
[01:29:01.160 --> 01:29:04.160]  I'll send you contact information for it.
[01:29:04.160 --> 01:29:05.160]  I have his numbers.
[01:29:05.160 --> 01:29:07.160]  I spoke with you about a month ago.
[01:29:07.160 --> 01:29:12.160]  I don't know if you remember about this case.
[01:29:12.160 --> 01:29:16.160]  I do remember you talking to us on the air.
[01:29:16.160 --> 01:29:19.160]  Well, I was actually talking in the afternoon.
[01:29:19.160 --> 01:29:23.160]  So should I call you or him?
[01:29:23.160 --> 01:29:25.160]  Call David.
[01:29:25.160 --> 01:29:26.160]  Okay.
[01:29:26.160 --> 01:29:27.160]  Okay.
[01:29:27.160 --> 01:29:28.160]  Give him a call.
[01:29:28.160 --> 01:29:29.160]  Okay.
[01:29:29.160 --> 01:29:30.160]  Now we're about to go to break.
[01:29:30.160 --> 01:29:33.160]  And Mary, I see you there and I appreciate your patience.
[01:29:33.160 --> 01:29:36.160]  We will pick you up on the other side.
[01:29:36.160 --> 01:29:39.160]  This is Randy Kelton, David Stevens, Eddie Craig,
[01:29:39.160 --> 01:29:41.160]  Rue LeBlanc Radio.
[01:29:41.160 --> 01:29:44.160]  We've got two more segments left.
[01:29:44.160 --> 01:29:45.160]  Give us a call.
[01:29:45.160 --> 01:29:49.160]  512-646-1984.
[01:29:49.160 --> 01:30:00.160]  We'll be right back.
[01:30:00.160 --> 01:30:01.160]  A noble lie.
[01:30:01.160 --> 01:30:03.160]  Oklahoma City, 1995.
[01:30:03.160 --> 01:30:06.160]  Will change forever the way you look at the true nature of terrorism.
[01:30:06.160 --> 01:30:08.160]  Based on the damage patting to the building,
[01:30:08.160 --> 01:30:10.160]  but the government sends impossible.
[01:30:10.160 --> 01:30:14.160]  The grand jury did not want to hear anything I had to say.
[01:30:14.160 --> 01:30:18.160]  The decision was made not to pursue any more of those individuals.
[01:30:18.160 --> 01:30:22.160]  Some of these columns were ripped up, shredded, tossed around.
[01:30:22.160 --> 01:30:26.160]  The people that did the things they did knew doggone well what they were doing.
[01:30:26.160 --> 01:30:31.160]  Expose the cover up now at anoblelie.com.
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[01:32:00.160 --> 01:32:10.160]  Music
[01:32:10.160 --> 01:32:20.160]  Music
[01:32:20.160 --> 01:32:26.160]  Music
[01:32:26.160 --> 01:32:50.160]  And I say, Truth in nature must be just decidedly, Truth in nature must be just as it is.
[01:32:50.160 --> 01:32:55.160]  And though it's a daunting task, At least I got the decency
[01:32:55.160 --> 01:32:59.160]  of them all to just take off the silly mind.
[01:32:59.160 --> 01:33:01.160]  And in the light of day we are...
[01:33:01.160 --> 01:33:05.160]  Okay, we are back. Randy, Kelton, Deborah, Stephen, Zady, Craig,
[01:33:05.160 --> 01:33:10.160]  Rue of Law Radio, and we're going to Mary in Texas.
[01:33:10.160 --> 01:33:12.160]  Hello, Miss Mary.
[01:33:12.160 --> 01:33:15.160]  Hi. This is Erin in Thanksgiving.
[01:33:15.160 --> 01:33:21.160]  I want to thank you and Eddie and Deborah for all the work you've done for us this past year.
[01:33:21.160 --> 01:33:26.160]  It would be cool to have the best of 2012 at Rue of Law.
[01:33:26.160 --> 01:33:32.160]  And I hear that you are hosting a bar grievance party.
[01:33:32.160 --> 01:33:35.160]  Yes, everybody.
[01:33:35.160 --> 01:33:42.160]  You know, it's important that our family, friends, and people that we've worked with over the year
[01:33:42.160 --> 01:33:46.160]  remember that we think about them during Christmas time.
[01:33:46.160 --> 01:33:52.160]  So sometimes people don't get socks or toys. They get lumped of coal.
[01:33:52.160 --> 01:33:59.160]  So if you have a favorite attorney, the best of the worst, and you would like me and some of my friends
[01:33:59.160 --> 01:34:04.160]  to help you fill out a bar grievance on Monday, this Monday.
[01:34:04.160 --> 01:34:09.160]  Help me with the day. Is that December the...
[01:34:09.160 --> 01:34:17.160]  December the 3rd. December the 3rd from 7 to 9 at Sherlock's.
[01:34:17.160 --> 01:34:18.160]  We're tagged.
[01:34:18.160 --> 01:34:21.160]  Texans for Accountable Government have their Monday meeting.
[01:34:21.160 --> 01:34:28.160]  This Monday, I will be hosting my first annual bar grievance Christmas party.
[01:34:28.160 --> 01:34:37.160]  This is basically a memory of the present I left my brother's attorney, Keith Panagucci,
[01:34:37.160 --> 01:34:42.160]  who I bar grieved, but unfortunately was afraid to bar grieve him more than once
[01:34:42.160 --> 01:34:48.160]  because the only client this guy works for are felons and drug dealers.
[01:34:48.160 --> 01:34:57.160]  I left him a Christmas present. It was a videotape, and the videotape was one of my favorite movies by Jim Carrey,
[01:34:57.160 --> 01:35:00.160]  or with Jim Carrey, Liar Liar.
[01:35:00.160 --> 01:35:08.160]  So this man had the audacity to show up in JP Court representing my brother and complain to the judge
[01:35:08.160 --> 01:35:12.160]  that I had left him something on his front porch, and she said,
[01:35:12.160 --> 01:35:16.160]  well, what did she leave after he complained that I bar grieved him?
[01:35:16.160 --> 01:35:20.160]  I thought he was litigating a case between me and him, not me and my brother,
[01:35:20.160 --> 01:35:22.160]  where I simply wanted a peace bond.
[01:35:22.160 --> 01:35:26.160]  Oh my God, if we had violists playing, it would have been an orchestra.
[01:35:26.160 --> 01:35:31.160]  Where everyone laughed at him because the judge made him expose what video it was.
[01:35:31.160 --> 01:35:34.160]  I think she thought it might have been blackmail, by the way, he was talking,
[01:35:34.160 --> 01:35:36.160]  and she said, well, what video was it?
[01:35:36.160 --> 01:35:39.160]  Well, it was a movie. Well, what movie was it?
[01:35:39.160 --> 01:35:41.160]  Well, it was the Liar Liar.
[01:35:41.160 --> 01:35:44.160]  Well, it could have helped from last.
[01:35:44.160 --> 01:35:46.160]  So sometimes the victories are small.
[01:35:46.160 --> 01:35:51.160]  But in memory of the fifth event, which probably happened two or three years ago now,
[01:35:51.160 --> 01:35:56.160]  in the United States, it was the United States.
[01:35:56.160 --> 01:36:00.160]  Inheritance battles are overwhelming.
[01:36:00.160 --> 01:36:03.160]  So this event happened two or three years ago on Christmas Eve,
[01:36:03.160 --> 01:36:08.160]  and he went to complain about it in front of the JP judge a month later in January,
[01:36:08.160 --> 01:36:10.160]  a couple of years ago.
[01:36:10.160 --> 01:36:14.160]  So, you know, maybe far grievances weren't, maybe they don't,
[01:36:14.160 --> 01:36:20.160]  but I will be providing all the paperwork with the Texas State Bar Code of Ethics says,
[01:36:20.160 --> 01:36:25.160]  reviewing the documents with a good friend of ours, Mike Handel,
[01:36:25.160 --> 01:36:30.160]  and he's done a lot of litigation with the TSA water bottle case.
[01:36:30.160 --> 01:36:32.160]  Please keep this man in your prayers.
[01:36:32.160 --> 01:36:35.160]  He's doing some criminal complaints at this point.
[01:36:35.160 --> 01:36:40.160]  That being said, that was going to be my grand finale, but you beat me to it, Randy.
[01:36:40.160 --> 01:36:46.160]  I would have called earlier, but I was at a slow money event today at the bar mansion.
[01:36:46.160 --> 01:36:51.160]  Our detest of the word sustainable, it was called a sustainable investment showcase
[01:36:51.160 --> 01:36:53.160]  and fall pitch fest.
[01:36:53.160 --> 01:36:57.160]  So I asked you all to look at small money, its investor clubs,
[01:36:57.160 --> 01:37:00.160]  that go to help the local organic farmers.
[01:37:00.160 --> 01:37:05.160]  I think today, the only dairy in Texas, as far as my understanding is,
[01:37:05.160 --> 01:37:10.160]  that will, does not overharmonize, I'm sorry, I'm not pronouncing that right,
[01:37:10.160 --> 01:37:14.160]  homogenize to the high heat level.
[01:37:14.160 --> 01:37:17.160]  But I think the whole organic milk is not overheated.
[01:37:17.160 --> 01:37:19.160]  I believe they got two investors today.
[01:37:19.160 --> 01:37:25.160]  At the pitch fest, we had people asking for monies and the amount of even a quarter of million dollars.
[01:37:25.160 --> 01:37:32.160]  We had buffalo farmers and a number of different salami makers and all kinds of cool guys were out there.
[01:37:32.160 --> 01:37:36.160]  I wanted to go ahead and promote that, and that's why I didn't call in earlier.
[01:37:36.160 --> 01:37:39.160]  I tried, but the phone lines were backed up as well.
[01:37:39.160 --> 01:37:46.160]  I need a report on Carolyn Barnes to the best of my knowledge, the attorney out of Williamson County,
[01:37:46.160 --> 01:37:53.160]  maybe facing 20 years in an insane forensic, insane asylum over hopefully the one in Kervel.
[01:37:53.160 --> 01:37:58.160]  We got her out of the one in Vernon, Texas, which was a hellhole.
[01:37:58.160 --> 01:38:07.160]  She got beat up while she was playing a chess game by a lady from Houston that was supposedly on alleged murder charges.
[01:38:07.160 --> 01:38:16.160]  She has a case that Williamson County wants her to drop and where she has a penis, a cough for lack of evidence.
[01:38:16.160 --> 01:38:24.160]  One of our friends was doing some work with a non-license plate, and they set him up on another charge.
[01:38:24.160 --> 01:38:30.160]  I can't think of his name now, Albert, something, maybe Garza, I'm not sure.
[01:38:30.160 --> 01:38:38.160]  Anyways, so the day that she set that case for appeal, they basically surrounded her house, alleged that she threatened a census worker with a gun.
[01:38:38.160 --> 01:38:41.160]  She said she wasn't at home and she had already filled out her census.
[01:38:41.160 --> 01:38:48.160]  She lives on a private property with a private gate in a private gated community on the beautiful San Gabriel River.
[01:38:48.160 --> 01:38:54.160]  Her case was an American statesman about a month ago on the front page of Sunday paper.
[01:38:54.160 --> 01:39:01.160]  That hospital is trying to charge her maybe $50,000 to $90,000 for her hospital stay.
[01:39:01.160 --> 01:39:05.160]  This is forced hospital stay.
[01:39:05.160 --> 01:39:13.160]  Anyone can reach me through Brave New Books if you have any, if you need to help me with this issue.
[01:39:13.160 --> 01:39:15.160]  That's going on, putting that out there.
[01:39:15.160 --> 01:39:17.160]  Come meet at Eddie Craig's class.
[01:39:17.160 --> 01:39:22.160]  If you cannot afford Eddie's Craig class, he will let you in anyways.
[01:39:22.160 --> 01:39:25.160]  It's very important that people attend.
[01:39:25.160 --> 01:39:31.160]  We want you there, whether you can afford to pay or not, just let him know, listen, I can't afford this.
[01:39:31.160 --> 01:39:33.160]  But please come anyway.
[01:39:33.160 --> 01:39:36.160]  Sometimes we just meet and talk on the outside as well.
[01:39:36.160 --> 01:39:42.160]  So you can, you know, get a breast with the Carolyn Barnes case that way.
[01:39:42.160 --> 01:39:48.160]  And I also wanted to talk about a new brochure I saw at the Texas State Bar.
[01:39:48.160 --> 01:39:51.160]  It is entitled, Defending Yourself in a Criminal Case.
[01:39:51.160 --> 01:39:55.160]  The dangers of being your own lawyer, even for a misdemeanor.
[01:39:55.160 --> 01:39:59.160]  So this is a new small brochure.
[01:39:59.160 --> 01:40:00.160]  It's black and white.
[01:40:00.160 --> 01:40:02.160]  It looked like they didn't spend much time producing it.
[01:40:02.160 --> 01:40:04.160]  I'm not sure what year it was produced in.
[01:40:04.160 --> 01:40:14.160]  But apparently they are warning us and our other citizens about the dangers of being your own lawyer.
[01:40:14.160 --> 01:40:18.160]  I encourage everybody to go to the Texas State Bar site and look on their four brochures.
[01:40:18.160 --> 01:40:20.160]  They have brochures on how to process your divorce.
[01:40:20.160 --> 01:40:23.160]  And I think how to use small claims courts.
[01:40:23.160 --> 01:40:25.160]  Small claim courts welcome Thursday.
[01:40:25.160 --> 01:40:28.160]  And I encourage people to use those.
[01:40:28.160 --> 01:40:33.160]  And I also want to encourage people that whenever we take a jury trial, and I have not done this myself,
[01:40:33.160 --> 01:40:40.160]  even though I've attended many of Eddie's classes, even if it's for misdemeanor traffic, fine.
[01:40:40.160 --> 01:40:46.160]  I'm saying that we can go to these jury trials and while we're there, we can use that time to educate the jury.
[01:40:46.160 --> 01:40:58.160]  It's just like how we run people on political campaigns so we can use the debate platform as an educational tool for our brothers and sisters.
[01:40:58.160 --> 01:41:05.160]  Well, I plan on being in Austin this weekend.
[01:41:05.160 --> 01:41:10.160]  So if I can get an invitation, I'll come to your board grievance party.
[01:41:10.160 --> 01:41:12.160]  Oh my God!
[01:41:12.160 --> 01:41:16.160]  That is huge, you guys. This means we have a master there.
[01:41:16.160 --> 01:41:20.160]  We will bring our laptop and we will turn on your jurors.
[01:41:20.160 --> 01:41:22.160]  Your bar grievance website.
[01:41:22.160 --> 01:41:23.160]  Yes.
[01:41:23.160 --> 01:41:27.160]  I'm hoping to have everything working by then.
[01:41:27.160 --> 01:41:32.160]  We are working feverishly to get it up and complete it.
[01:41:32.160 --> 01:41:36.160]  Oh my God, that is amazing.
[01:41:36.160 --> 01:41:42.160]  Hallelujah. That is his launch party for his bar grievance site, you guys.
[01:41:42.160 --> 01:41:45.160]  That would be great to have a launch party then.
[01:41:45.160 --> 01:41:51.160]  I'll pressure my programmer to see if we can get the last pieces up.
[01:41:51.160 --> 01:41:59.160]  The bar grievance site is more than just a single site.
[01:41:59.160 --> 01:42:05.160]  This thing is going to be a platform for a whole number of remedies.
[01:42:05.160 --> 01:42:13.160]  If you've been listening for quite a while, you've heard me talk about the litigation engine I've been working on.
[01:42:13.160 --> 01:42:15.160]  Well, this is the engine.
[01:42:15.160 --> 01:42:20.160]  The bar grievance site is the platform for the engine.
[01:42:20.160 --> 01:42:27.160]  What we did with it is I went to the American Bar Association site,
[01:42:27.160 --> 01:42:34.160]  took their code and implanted it right on top of this structure.
[01:42:34.160 --> 01:42:43.160]  Now that we have the structure worked out, we'll take the American Bar Association standard for the prosecutorial function,
[01:42:43.160 --> 01:42:45.160]  drop those on it.
[01:42:45.160 --> 01:42:50.160]  Then judicial conduct, drop that on it.
[01:42:50.160 --> 01:42:55.160]  Then evaluation of criminal cases, drop that on it.
[01:42:55.160 --> 01:43:05.160]  When we evaluate a criminal case, if one of the steps or one of the answers implicates an improper action by a lawyer,
[01:43:05.160 --> 01:43:09.160]  the system will jump to bar grievance.
[01:43:09.160 --> 01:43:12.160]  Spit out the bar grievance, go back where it was.
[01:43:12.160 --> 01:43:17.160]  If it indicates an impropriety by a judge, it'll go to judicial conduct.
[01:43:17.160 --> 01:43:21.160]  Spit out the judicial conduct complaint, come back to where it was.
[01:43:21.160 --> 01:43:25.160]  And then it'll go, then we'll set one up for criminal.
[01:43:25.160 --> 01:43:34.160]  By using this structure, we will interlace all of the codes together so that you can just walk right through them,
[01:43:34.160 --> 01:43:40.160]  and the system will direct you where you need to go to find the law you need.
[01:43:40.160 --> 01:43:43.160]  The litigation engine is not far off.
[01:43:43.160 --> 01:43:44.160]  Hang on, Mary.
[01:43:44.160 --> 01:43:46.160]  We'll be right back on the other side.
[01:43:46.160 --> 01:43:48.160]  This is Randy Kelton here with Stephen.
[01:43:48.160 --> 01:43:51.160]  It's Eddie Craig, rule of law radio.
[01:43:51.160 --> 01:43:54.160]  I'll call in number 5126461984.
[01:43:54.160 --> 01:44:00.160]  We'll be right back.
[01:44:00.160 --> 01:44:06.160]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy,
[01:44:06.160 --> 01:44:09.160]  and neither is finding like-minded people to share it with.
[01:44:09.160 --> 01:44:12.160]  Oh, well, I guess you haven't heard of Brave New Books, then.
[01:44:12.160 --> 01:44:13.160]  Brave New Books?
[01:44:13.160 --> 01:44:20.160]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Albert Griffin.
[01:44:20.160 --> 01:44:24.160]  They even stock Interfood, Berkey products, and Calvin Soaps.
[01:44:24.160 --> 01:44:26.160]  There's no way a place like that exists.
[01:44:26.160 --> 01:44:28.160]  Go check it out for yourself.
[01:44:28.160 --> 01:44:32.160]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:32.160 --> 01:44:36.160]  Oh, by UT? There's never anywhere to park down there.
[01:44:36.160 --> 01:44:44.160]  Surely they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:44.160 --> 01:44:47.160]  It does exist, but when are they open?
[01:44:47.160 --> 01:44:52.160]  Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays.
[01:44:52.160 --> 01:45:01.160]  So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[01:45:01.160 --> 01:45:04.160]  Are you the plaintiff or defendant in a lawsuit?
[01:45:04.160 --> 01:45:14.160]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course that will show you how in 24 hours,
[01:45:14.160 --> 01:45:15.160]  death by step.
[01:45:15.160 --> 01:45:19.160]  If you have a lawyer, know what your lawyer should be doing.
[01:45:19.160 --> 01:45:23.160]  If you don't have a lawyer, know what you should do for yourself.
[01:45:23.160 --> 01:45:28.160]  Thousands have won with our step-by-step course, and now you can too.
[01:45:28.160 --> 01:45:34.160]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:34.160 --> 01:45:43.160]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
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[01:46:22.160 --> 01:46:32.160]  Okay, we are back.
[01:46:32.160 --> 01:46:35.160]  Randy can help me go to Steven's Lady Grape.
[01:46:35.160 --> 01:46:40.160]  We're rule of law radio, and we're talking to Mary in Texas.
[01:46:40.160 --> 01:46:47.160]  This is sweet Mary, the song is written about her.
[01:46:47.160 --> 01:46:53.160]  Okay, I am looking forward to this bar grievance party.
[01:46:53.160 --> 01:47:03.160]  Well, it's 7 to 9 on Monday at Sirlox, which is in Austin, Texas, at 183 and Burnett Road.
[01:47:03.160 --> 01:47:06.160]  It's behind the Olive Garden.
[01:47:06.160 --> 01:47:16.160]  Let me get my direction straight on the southeast corner of 183 and Burnett from 7 to 9.
[01:47:16.160 --> 01:47:21.160]  So, yeah, this will be the launch party, hopefully, and you promise that you'll be there?
[01:47:21.160 --> 01:47:23.160]  Yes, I will be there.
[01:47:23.160 --> 01:47:31.160]  Well, everybody, if you live in Dallas, if you live in San Antonio, if you live in Houston, you should drive up here to meet Randy.
[01:47:31.160 --> 01:47:34.160]  Randy is the coolest of the cool.
[01:47:34.160 --> 01:47:38.160]  This guy is somebody you want to meet and somebody you want to be able to call your friend.
[01:47:38.160 --> 01:47:41.160]  And we're just honored and blessed that he's showing up there.
[01:47:41.160 --> 01:47:44.160]  I am so excited.
[01:47:44.160 --> 01:47:47.160]  Well, I'm looking forward to it.
[01:47:47.160 --> 01:47:55.160]  Getting this process, this project launched, I've been about five years working on this project.
[01:47:55.160 --> 01:48:00.160]  I finally found a programmer who really got it.
[01:48:00.160 --> 01:48:12.160]  He understood not just the bar grievance side itself, but also the underlying structure and what this thing will create.
[01:48:12.160 --> 01:48:24.160]  When we get this working, bar grievance, the judicial conduct, I'm sorry, the American Bar Association model standards is a rather large document.
[01:48:24.160 --> 01:48:38.160]  But what this will do is if you have an issue with a lawyer, you open this program and in four questions,
[01:48:38.160 --> 01:48:46.160]  you take you white directly to the standard that reflects your issue.
[01:48:46.160 --> 01:48:52.160]  Now, there's a lot of stuff there, but you don't need to see all that stuff.
[01:48:52.160 --> 01:48:59.160]  And the problem was is how do you find what you need without having to go through all that stuff?
[01:48:59.160 --> 01:49:02.160]  And that's what the structure was about.
[01:49:02.160 --> 01:49:09.160]  Four questions and you'll be at the very standard that you want to follow the complaint on.
[01:49:09.160 --> 01:49:17.160]  And it will structure the verbiage of the complaint in the verbiage of the standard.
[01:49:17.160 --> 01:49:38.160]  But the big thing about it is is we can then take other issues, probate law, family law, traffic and lay them on top of this so that in any of these, if any other law is implicated,
[01:49:38.160 --> 01:49:49.160]  if a lawyer does something that's criminal, it'll go first to bar grievance and then it'll go to criminal.
[01:49:49.160 --> 01:49:56.160]  And the next thing to add to bar grievance will be a malpractice suit.
[01:49:56.160 --> 01:49:58.160]  It'll go to malpractice and create that.
[01:49:58.160 --> 01:50:05.160]  So this will take law and put it in the hands of the individual.
[01:50:05.160 --> 01:50:08.160]  And there's actually more to it.
[01:50:08.160 --> 01:50:11.160]  Well, I'm sure there is.
[01:50:11.160 --> 01:50:18.160]  You know, even though we're going into higher levels, everyone please study jurisdictionary.
[01:50:18.160 --> 01:50:26.160]  It took me a year to start being able to retain all of the legal ease, the foreign language of legal ease.
[01:50:26.160 --> 01:50:29.160]  It took me a year to start retaining all of this.
[01:50:29.160 --> 01:50:38.160]  If I please use the jurisdictionary product, it will help us advance to this next pro-stay level.
[01:50:38.160 --> 01:50:44.160]  By far the best investment you could make.
[01:50:44.160 --> 01:50:48.160]  I have people called into the show and talk about their issues.
[01:50:48.160 --> 01:50:55.160]  I can always tell if somebody's been through jurisprudence, jurisprudence, jurisdiction here.
[01:50:55.160 --> 01:50:57.160]  I had a guy in Michigan.
[01:50:57.160 --> 01:50:59.160]  He's telling me what's happening.
[01:50:59.160 --> 01:51:00.160]  I said, well, you should do this.
[01:51:00.160 --> 01:51:01.160]  He said, I did that.
[01:51:01.160 --> 01:51:02.160]  Well, you should do this.
[01:51:02.160 --> 01:51:03.160]  I did that.
[01:51:03.160 --> 01:51:04.160]  We should do this.
[01:51:04.160 --> 01:51:05.160]  I did that.
[01:51:05.160 --> 01:51:07.160]  If you've been through jurisdictionary.
[01:51:07.160 --> 01:51:09.160]  Oh, yeah, I went through jurisdiction.
[01:51:09.160 --> 01:51:10.160]  It shows.
[01:51:10.160 --> 01:51:15.160]  And jurisdictionary is simply the basics.
[01:51:15.160 --> 01:51:22.160]  But understand these are the basics they don't teach in law school.
[01:51:22.160 --> 01:51:24.160]  Lawyers don't learn this till they get out.
[01:51:24.160 --> 01:51:28.160]  And most of them don't know very much of it.
[01:51:28.160 --> 01:51:31.160]  They only know the tiny focused little thing they do.
[01:51:31.160 --> 01:51:42.160]  You go through jurisdictionary and you'll have a good broad based understanding of how law is actually practiced.
[01:51:42.160 --> 01:51:44.160]  It is worth every penny.
[01:51:44.160 --> 01:51:46.160]  I see that we're getting close to 12.
[01:51:46.160 --> 01:51:49.160]  I want to do a little update on Carolyn.
[01:51:49.160 --> 01:51:52.160]  One of my friends has been texting me.
[01:51:52.160 --> 01:51:55.160]  He says that Carolyn was attorney in Williamson County.
[01:51:55.160 --> 01:52:02.160]  And on top of her case, they sat a retired judge who normally didn't sit in that seating.
[01:52:02.160 --> 01:52:03.160]  I'm sorry.
[01:52:03.160 --> 01:52:10.160]  And what I have heard is that this judge has sentenced more people to death than any other judge in Texas.
[01:52:10.160 --> 01:52:15.160]  He's an older man and he's been on charge of her case.
[01:52:15.160 --> 01:52:19.160]  I hear that Carolyn has an affidavit of alibi to claim her innocence.
[01:52:19.160 --> 01:52:30.160]  She has produced at her own computer at the new state hospital in Corville from her last name, Vernon, a federal lawsuit.
[01:52:30.160 --> 01:52:33.160]  She supposedly has a new attorney, Todd Dudley.
[01:52:33.160 --> 01:52:40.160]  Her last attorney tried to keep her in the hospital saying she was a conspiracy theorist at the end.
[01:52:40.160 --> 01:52:47.160]  And then this, my friend, said yesterday 13 orderlies ransacked her room to provoke a protest.
[01:52:47.160 --> 01:52:49.160]  They are planning on moving her.
[01:52:49.160 --> 01:52:51.160]  She is terrified for her life.
[01:52:51.160 --> 01:52:59.160]  Apparently after the article came out in the American Statesman that some hospital system was leaning her beautiful ranch estate.
[01:52:59.160 --> 01:53:06.160]  She has a two-story colonial house on the side of a meandering Joe Country River.
[01:53:06.160 --> 01:53:13.160]  She has to go and she went into some kind of fast protest for five days.
[01:53:13.160 --> 01:53:16.160]  I'm planning on going up there Sunday morning.
[01:53:16.160 --> 01:53:26.160]  So anybody just please come to any Grace class on Sunday or call me at 512-632-7131.
[01:53:26.160 --> 01:53:34.160]  And you could get, you know, believe me, information at Brave New Books or 512-632-7131.
[01:53:34.160 --> 01:53:37.160]  That's an update on Carolyn's case.
[01:53:37.160 --> 01:53:40.160]  So I just wanted to run that in there really quick.
[01:53:40.160 --> 01:53:45.160]  I wanted to say that my experience on court watching in Travis County,
[01:53:45.160 --> 01:53:52.160]  I have seen retired judges put on top of most pro say, is it defendants?
[01:53:52.160 --> 01:53:56.160]  Put on, you know, most pro say activists.
[01:53:56.160 --> 01:53:58.160]  They put retired judges on top of them.
[01:53:58.160 --> 01:54:06.160]  And I had the fortune of seeing a litigator before one of my pro say friends who is a master.
[01:54:06.160 --> 01:54:12.160]  He is excellent at recusing these people and he's very knowledgeable and was told in the last trial,
[01:54:12.160 --> 01:54:17.160]  I saw that he should become an attorney by the judge, by the people litigating against him
[01:54:17.160 --> 01:54:20.160]  and by the litigator again.
[01:54:20.160 --> 01:54:28.160]  Nonetheless, his case where he was suing the tax assessor, we stood and watched for many hours before.
[01:54:28.160 --> 01:54:36.160]  And one of the cases was a martyr in a Hays County prison.
[01:54:36.160 --> 01:54:40.160]  The prison claimed to have lost the video.
[01:54:40.160 --> 01:54:49.160]  And I had the unfortunate circumstance of watching this court work where they had a pro say judge
[01:54:49.160 --> 01:54:53.160]  on top of a murder case hiding a murder in Hays County.
[01:54:53.160 --> 01:55:00.160]  So they not only suppressed the pro say, but with having these retired judges sit on top of them who I have
[01:55:00.160 --> 01:55:07.160]  and that very day recorded laughing saying that even though my friend properly recused him,
[01:55:07.160 --> 01:55:13.160]  he laughed and said, well, I got scratched, I got scratched, but it's not going to go on my record.
[01:55:13.160 --> 01:55:17.160]  And I have him on recording laughing and saying that.
[01:55:17.160 --> 01:55:20.160]  I think that was Paul Davis, I'm not sure.
[01:55:20.160 --> 01:55:21.160]  It's been a long time.
[01:55:21.160 --> 01:55:22.160]  I have to look at my records.
[01:55:22.160 --> 01:55:24.160]  I believe that was Judge Paul Davis.
[01:55:24.160 --> 01:55:29.160]  Laughing after all the men left, I was still recording and typing in my notes.
[01:55:29.160 --> 01:55:31.160]  Yeah, it won't go on his record.
[01:55:31.160 --> 01:55:39.160]  So I'm telling you, it's not only on these pro say or mortgage cases and yeah, I feel for you that you've lost your house.
[01:55:39.160 --> 01:55:48.160]  Some of the black people in our cities are being murdered by these racist, steroid induced bodyguards.
[01:55:48.160 --> 01:55:59.160]  And it's not just these small traffic cases and all this stuff and we've got a real responsibility to do what we can.
[01:55:59.160 --> 01:56:07.160]  And I'm not encouraging any of you to get arrested ever, even like Randy's done, but to do what we can.
[01:56:07.160 --> 01:56:11.160]  And that's, I just, I'll end it now, although I'm more to talk about.
[01:56:11.160 --> 01:56:15.160]  Yeah, I can tell you getting arrested is not all it's cracked up to be.
[01:56:15.160 --> 01:56:19.160]  For K's and Wayneson County, these guys.
[01:56:19.160 --> 01:56:21.160]  We need to sharp shoot them.
[01:56:21.160 --> 01:56:23.160]  We need to start using grand juries.
[01:56:23.160 --> 01:56:25.160]  That is our powerful tool.
[01:56:25.160 --> 01:56:29.160]  This judge that says it's not going to go on my record.
[01:56:29.160 --> 01:56:35.160]  We'll see what he thinks when he's wondering if a grand jury is going to indict him or not.
[01:56:35.160 --> 01:56:37.160]  See if that goes on his record.
[01:56:37.160 --> 01:56:45.160]  I'm about to file a set of criminal complaints against a magistrate and a bailiff, the bailiff.
[01:56:45.160 --> 01:56:52.160]  All he did was tell me that if I created a disturbance, he would arrest me and I asked him if he was threatening me.
[01:56:52.160 --> 01:57:02.160]  And he said it again that he was warning me that if I created a disturbance, he did that in order to keep me from looking at public records.
[01:57:02.160 --> 01:57:10.160]  I'm going to charge him first degree felony aggravated assault with a grand jury and see what he thinks about that one.
[01:57:10.160 --> 01:57:15.160]  I suspect that he's going to be extremely careful about doing that nonsense again.
[01:57:15.160 --> 01:57:30.160]  If we start getting this funny mouth judge having to explain his behavior to a grand jury of our peers, not his peers, we'll change their behavior quickly.
[01:57:30.160 --> 01:57:45.160]  And everyone just be careful. Just being a witness is powerful. Educating people is powerful. These people are incarcerating people and it's being a silence for striking them, paying other inmates to assault them.
[01:57:45.160 --> 01:57:50.160]  We have to be careful. Please be careful and smart.
[01:57:50.160 --> 01:57:56.160]  Thank you very much, Mary, for calling in. It's always a pleasure to have you on the show.
[01:57:56.160 --> 01:58:07.160]  On Monday, the first annual box office is Christmas party 7-9, and Randy Fargreven's launch party starts on Sunday.
[01:58:07.160 --> 01:58:14.160]  Okay. Be there or be square. This is Randy Kelton, Deborah Stevens, Eddie Craig, with our radio.
[01:58:14.160 --> 01:58:21.160]  We're finishing up our four hour info marathon. Eddie Craig will be back Monday with Deborah.
[01:58:21.160 --> 01:58:30.160]  Deborah and I, and perhaps Eddie will be back next Thursday, and then I'll be here Friday for your listening annoyance.
[01:58:30.160 --> 01:58:39.160]  I was going to say listening pleasure, but I know better. Thank you all for listening. We will see you next time.
[01:58:39.160 --> 01:58:42.160]  We'll hear you next time. Good night.
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