ROL_2013-01-04_16k_Hr1-2.timecode

[00:00.000 --> 00:03.600]  There are plenty of tips for living longer.
[00:03.600 --> 00:05.280]  You've probably heard most of them.
[00:05.280 --> 00:10.680]  Give up smoking, exercise, yada yada, but now there's a happy pain-free method for increasing
[00:10.680 --> 00:11.680]  your survival.
[00:11.680 --> 00:16.280]  I'm Dr. Catherine Albrecht and I'll share the secret in just a moment.
[00:16.280 --> 00:17.840]  Privacy is under attack.
[00:17.840 --> 00:21.440]  When you give up data about yourself, you'll never get it back again.
[00:21.440 --> 00:26.240]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.240 --> 00:31.200]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:31.200 --> 00:34.000]  Privacy, it's worth hanging on to.
[00:34.000 --> 00:38.320]  This public service announcement is brought to you by StartPage.com, the private search
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[00:43.840 --> 00:49.720]  Here's a tip for living longer that doesn't require hard work or giving up a guilty pleasure.
[00:49.720 --> 00:52.920]  In fact, it should bring you hours of leisurely joy.
[00:52.920 --> 00:54.360]  Make social connections.
[00:54.360 --> 00:55.360]  The more the better.
[00:55.360 --> 00:59.800]  A recent Brigham Young University study shows that connecting with family, friends, neighbors,
[00:59.800 --> 01:04.440]  and colleagues can increase your odds of survival by at least 50 percent.
[01:04.440 --> 01:09.160]  And people of all ages benefit from social interactions, not just the elderly.
[01:09.160 --> 01:13.200]  Relationships may offer life-extending benefits because they give people purpose and a sense
[01:13.200 --> 01:15.440]  of responsibility for others.
[01:15.440 --> 01:18.720]  Researchers say it follows that people then take better care of themselves.
[01:18.720 --> 01:23.000]  So here's to a life blessed with plenty of life-enhancing social connections.
[01:23.000 --> 01:33.000]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:33.000 --> 01:38.760]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps
[01:38.760 --> 01:39.760]  on growing.
[01:39.760 --> 01:42.880]  But now researchers say we can add stress to the list.
[01:42.880 --> 01:47.000]  I'm Dr. Catherine Albrecht, back with details in a moment.
[01:47.000 --> 01:48.720]  Privacy is under attack.
[01:48.720 --> 01:52.320]  When you give up data about yourself, you'll never get it back again.
[01:52.320 --> 01:57.320]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:57.320 --> 02:02.560]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:02.560 --> 02:05.080]  Privacy, it's worth hanging on to.
[02:05.080 --> 02:10.720]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[02:10.720 --> 02:12.400]  Yahoo, and Bing.
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[02:14.400 --> 02:18.520]  Are you always on the go and juggling multiple projects?
[02:18.520 --> 02:22.680]  If so, you might think that multitasking proves you're smart.
[02:22.680 --> 02:26.520]  But think again, all that stress might be eating your brain.
[02:26.520 --> 02:31.160]  A new study finds stress reduces the number of connections between neurons, which actually
[02:31.160 --> 02:34.720]  makes it harder for people to manage problems.
[02:34.720 --> 02:38.800]  Researchers at Yale University found that stressed out people have less gray matter in
[02:38.800 --> 02:40.320]  their prefrontal cortex.
[02:40.320 --> 02:46.120]  That's the part of the brain that helps us wake inflicting ideas and regulate our emotions.
[02:46.120 --> 02:51.120]  So take a deep breath and chill out, it'll help keep your mind as sharp as a tack.
[02:51.120 --> 03:20.120]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[03:20.120 --> 03:50.080]  Okay, hello everyone, this is Randy Kelsen.
[03:50.080 --> 04:03.960]  We're here on this first Friday of the year, the 4th of January, 2013.
[04:03.960 --> 04:12.160]  And this is our four hour info marathon on Rula Radio.
[04:12.160 --> 04:23.560]  And tonight I'm going to start out talking about the prosecutorial function.
[04:23.560 --> 04:30.720]  It seems I've talked about some other subjects recently, and I've got some feedback about
[04:30.720 --> 04:31.720]  that.
[04:31.720 --> 04:34.440]  So I'm going to have to be careful from now on.
[04:34.440 --> 04:38.920]  No more talking about anything but law on Rula Radio.
[04:38.920 --> 04:48.000]  So I'm going to have to discipline myself and make sure we only talk about law.
[04:48.000 --> 04:58.640]  I'm going to go to the American Bar Association model standards for the prosecutorial function.
[04:58.640 --> 05:08.880]  This is a part of this bar grievance program, actually got been a few days last week working
[05:08.880 --> 05:17.600]  on that and got the prosecutorial function working the way it's supposed to.
[05:17.600 --> 05:29.120]  So if anybody is sitting in front of the computer, if you want to kind of move along with us,
[05:29.120 --> 05:40.160]  you can go to bargrievance.net and select up in the top left hand side on the menu there,
[05:40.160 --> 05:47.880]  select the prosecutorial function from that list.
[05:47.880 --> 05:58.080]  Now I just recently gave this to the programmer, and so I don't have it actually widened the
[05:58.080 --> 06:06.520]  grievance yet, we're real close, I expect any day to tell me that, I expect the programmer
[06:06.520 --> 06:12.240]  to tell me any day that he has everything working just the way it's supposed to.
[06:12.240 --> 06:21.080]  But hasn't quite yet, but I hope that's going to happen really soon.
[06:21.080 --> 06:30.800]  And we'll have both the American Bar Association standards, model standards, and the standards
[06:30.800 --> 06:35.080]  for the prosecutorial function working as they should.
[06:35.080 --> 06:41.720]  I expect a lot of people have never heard of the Bar Association standards.
[06:41.720 --> 06:54.560]  Matter of fact, a lot of lawyers that I've talked to have never heard of them, and that
[06:54.560 --> 06:55.560]  is pitiful.
[06:55.560 --> 07:04.200]  I actually had a prosecutor who once prosecuted me a long time ago, and we later became friends
[07:04.200 --> 07:05.200]  of a sort.
[07:05.200 --> 07:14.440]  He's the one that brought the standards to my attention.
[07:14.440 --> 07:23.160]  And if you've never gone through them, anyone who has ever been in a situation where they
[07:23.160 --> 07:31.240]  were prosecuted criminally, or if you haven't been there, there's a real good chance you
[07:31.240 --> 07:32.240]  might.
[07:32.240 --> 07:38.560]  So it would probably be a good idea just to go look at these standards just for the purpose
[07:38.560 --> 07:42.680]  of familiarizing yourself with them.
[07:42.680 --> 07:49.680]  And I'd very much like feedback, because this one is a prototype.
[07:49.680 --> 07:54.720]  We've been talking about something I've been designing for a while, and that's the litigation
[07:54.720 --> 07:55.720]  engine.
[07:55.720 --> 08:10.080]  Essentially, I'm trying to build a structure that we can capture the expertise of law with
[08:10.080 --> 08:12.080]  it.
[08:12.080 --> 08:23.840]  And in order to do that, I've developed a way of ordering any particular code in a way
[08:23.840 --> 08:29.560]  that it's easy to find, to mine down through the code to find the part that you're looking
[08:29.560 --> 08:36.800]  for with bar grievance, the American Bar Association model standards.
[08:36.800 --> 08:42.720]  Four questions, and I can get you to any single standard in there.
[08:42.720 --> 08:50.200]  So if you come to the table with a complaint about an attorney, within four questions,
[08:50.200 --> 08:56.160]  I can take you to the specific standard that that complaint would go to.
[08:56.160 --> 09:01.040]  And then the system will give you a box that where you can fill in what your complaint
[09:01.040 --> 09:02.040]  is.
[09:02.040 --> 09:07.240]  But it will preface the complaint, and it will say that the lawyer did this, that, or
[09:07.240 --> 09:16.880]  the other as follows, and it will quote in the verbiage of the standard what the standard
[09:16.880 --> 09:29.000]  either prohibits or requires, and that the lawyer didn't abide by so that your explanation
[09:29.000 --> 09:31.960]  will start out in the verbiage of the actual standard.
[09:31.960 --> 09:37.720]  This makes it a lot harder for these weasels to weasel around.
[09:37.720 --> 09:41.200]  I'm starting out with the Bar Association standards.
[09:41.200 --> 09:50.080]  I'm just going to read you the questions, when you go to the standard, you'll go through
[09:50.080 --> 09:57.760]  a number of links, like I'm starting out, when you open, you'll go to a section prosecutorial
[09:57.760 --> 10:04.600]  function, and it has Part 1, Journal of Standards, Organization of Prosecution Function, Part
[10:04.600 --> 10:14.480]  3, Investigation for Prosecution Decisions, Plea Discussions, Trial Sensing.
[10:14.480 --> 10:19.560]  Click General Standards, the first one, and then the first one of those is Function.
[10:19.560 --> 10:25.280]  Now this is three clicks, and we are at the particular standards, and then it starts out,
[10:25.280 --> 10:31.240]  it's did the prosecutor conduct himself in a manner that affected the validity of the
[10:31.240 --> 10:35.000]  prosecution conducted.
[10:35.000 --> 10:44.760]  If you move the mouse over the question itself, you'll get a pop-up box, and that pop-up box
[10:44.760 --> 10:52.200]  contains the actual statute from which this question was developed, the actual standard.
[10:52.200 --> 10:59.280]  And this one is, it is the duty of the prosecutor to know and be guided by the standard of professional
[10:59.280 --> 11:09.560]  conduct, as defined by applicable professional traditions, ethical codes, and in the law
[11:09.560 --> 11:15.640]  prosecutors, and in the prosecutor's jurisdiction.
[11:15.640 --> 11:25.760]  The prosecutor should make use of guidance afforded by the, lost my place, counsel of
[11:25.760 --> 11:32.800]  the time described in Sandra Ford's 1.5.
[11:32.800 --> 11:40.040]  Next one is, did the prosecutor fail or refuse to prosecute crimes within the prosecutor's
[11:40.040 --> 11:41.680]  jurisdiction?
[11:41.680 --> 11:49.720]  Now with what we do, that's something we come across very often, especially since we're
[11:49.720 --> 11:56.440]  filing complaints against public officials.
[11:56.440 --> 12:02.960]  Did the prosecutor seek conviction without regard to justice?
[12:02.960 --> 12:10.200]  In taxes in particular, now these are American Bar Association model standards.
[12:10.200 --> 12:20.960]  As far as I can tell, no state has its own set of prosecutorial standards.
[12:20.960 --> 12:29.040]  It has, most states have some standards that go to the prosecutorial function, but they're
[12:29.040 --> 12:35.120]  simply a part of the American Bar Association model standards.
[12:35.120 --> 12:41.720]  Because most states, I think 47 states have adopted the American Bar Association model
[12:41.720 --> 12:47.480]  standards and they made certain adaptations to it.
[12:47.480 --> 12:59.520]  The thing about using these standards is they pretty well define what a prosecutor should
[12:59.520 --> 13:11.400]  do or how he should conduct himself, no matter what state he happens to be in.
[13:11.400 --> 13:22.600]  That's part of the reason we structured these the way we do, is we never quote the actuals
[13:22.600 --> 13:27.280]  or never cite the actual standard.
[13:27.280 --> 13:37.720]  In the descriptions of how to write a complaint, it's pretty common for the states, Bar Associations,
[13:37.720 --> 13:42.080]  to require that you not use case law.
[13:42.080 --> 13:48.680]  They don't want you to write a grievance that they're bound to respond to or a failure
[13:48.680 --> 13:53.520]  to do so would show poor faith on their part.
[13:53.520 --> 14:00.080]  They want to hide the fact that they don't act in good faith and it's kind of standard
[14:00.080 --> 14:05.760]  procedure that they're not acting in good faith, but they want to not act in good faith
[14:05.760 --> 14:10.400]  and make it look like they are acting in good faith.
[14:10.400 --> 14:17.160]  They don't want you boxing them in with that pesky little problem of the law and the rules
[14:17.160 --> 14:21.080]  they have to abide by, so they don't want you to use them.
[14:21.080 --> 14:22.080]  That's okay with us.
[14:22.080 --> 14:24.400]  We don't cite them.
[14:24.400 --> 14:32.680]  We just state our complaint in the verbiage of those standards.
[14:32.680 --> 14:39.800]  In this particular one, since while the prosecutor, as we did the prosecutor's favor, the prosecutor
[14:39.800 --> 14:45.040]  crimes, I'm sorry, let me be the next, this is the one I want to look at, did the prosecutor
[14:45.040 --> 14:54.760]  while acting as administrative of justice advocate as a justice and advocate and officer
[14:54.760 --> 15:02.440]  of the court, exercised down discretion in the performance of his or her functions.
[15:02.440 --> 15:11.880]  Anyone who's ever dealt with the prosecutor will have this problem with them and the reason
[15:11.880 --> 15:25.840]  being is that we have a set of code, we have a set of law that defines how a prosecutor
[15:25.840 --> 15:36.840]  will justly adjudicate his duties, since we have an article 2.01 under duties of officers.
[15:36.840 --> 15:44.640]  The very first duty shall be the primary duty of the prosecuting attorney, not due to conviction,
[15:44.640 --> 15:49.520]  but to ensure that justice is served.
[15:49.520 --> 15:59.640]  Well, that's a lot of nice, high-minded rhetoric, but in the real world we live in that is not
[15:59.640 --> 16:03.960]  a prosecutorial consideration.
[16:03.960 --> 16:10.400]  One of our prosecutorial considerations in the real world you and I live in is how many
[16:10.400 --> 16:18.680]  cases the prosecutor has to dispose of and what resources he has to get that done with
[16:18.680 --> 16:25.360]  and how good he looks to the voters when he's up for election next time.
[16:25.360 --> 16:32.240]  That's what the prosecutor really cares about and all of this nonsense about him seeking
[16:32.240 --> 16:38.000]  justice, that is just not important to prosecutors.
[16:38.000 --> 16:41.600]  We talk a little bit more about that when we come back on the other side.
[16:41.600 --> 16:46.400]  This is Randy Calton, David Stevens, Eddie Craig, we're on our radio, our call-in number
[16:46.400 --> 16:54.200]  512-646-1984, Blake, I see you there, I'll pick you up on the other side, we'll go to
[16:54.200 --> 16:58.280]  your questions on the other side and then if we run out of callers I'll go back to this
[16:58.280 --> 17:04.040]  question, don't make sure.
[17:04.040 --> 17:14.800]  Not that I was doing well, but the truth to you I'll tell MSG and GMO really ain't the
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[17:54.880 --> 17:55.880]  So what do you say Elvis?
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[19:16.880 --> 19:45.080]  Okay, we are back, Randy Kelton, David Stevens, Eddie Craig, rule of law radio.
[19:45.080 --> 19:52.760]  And we were talking about the prosecutorial function.
[19:52.760 --> 20:00.720]  I could probably do a full four hours on prosecutors and if we run out of colors, I'll go back
[20:00.720 --> 20:01.720]  to that.
[20:01.720 --> 20:11.320]  There's a lot to know and understand about who the prosecutor is, where he lives, professionally
[20:11.320 --> 20:18.480]  where he lives, how he lives in, and what influences are on him.
[20:18.480 --> 20:28.760]  It will give us tools to use if we ever get into a situation where we're being prosecuted.
[20:28.760 --> 20:32.960]  And absolutely it can happen to you.
[20:32.960 --> 20:39.280]  But in the meantime, we're going to go to some callers, we're going to go to Blake in
[20:39.280 --> 20:45.400]  Texas, Blake, I understand you got yourself a ticket.
[20:45.400 --> 20:46.400]  Yes.
[20:46.400 --> 20:51.000]  Oh, you ought to be ashamed of yourself.
[20:51.000 --> 20:56.440]  Don't you know that a police officer would not have written you that ticket if you were
[20:56.440 --> 20:57.440]  not guilty?
[20:57.440 --> 21:04.800]  You know, I used to think that, but living in Austin and seeing the corruption of the
[21:04.800 --> 21:14.680]  cops and the generation of money that is just every day there, yeah, I'm not of that mind
[21:14.680 --> 21:15.680]  anymore.
[21:15.680 --> 21:16.680]  You're just a cynic.
[21:16.680 --> 21:17.680]  Yeah, I understand.
[21:17.680 --> 21:18.680]  I really am.
[21:18.680 --> 21:29.360]  Everybody else thinks I'm crazy, but I'm just like, well, you know, if you want to keep
[21:29.360 --> 21:35.240]  paying your tickets and keep getting taxed unfairly, and you just want to keep getting
[21:35.240 --> 21:41.560]  robbed, essentially, then wait, wait, wait, wait, wait, it's not about that.
[21:41.560 --> 21:44.760]  It's not about paying the ticket.
[21:44.760 --> 21:54.560]  It's about us as sovereigns doing our jobs to ensure that our public officials do their
[21:54.560 --> 21:58.240]  job the way we intend that they do their job.
[21:58.240 --> 21:59.240]  Exactly.
[21:59.240 --> 22:08.960]  And I will credit rule of law, radio, and all of you guys for kind of allowing me a venue
[22:08.960 --> 22:16.600]  to think in a different way and realize that, you know, I don't have to put up with cops
[22:16.600 --> 22:17.840]  giving me a ticket.
[22:17.840 --> 22:22.040]  I can, you know, I have, I have rights, okay?
[22:22.040 --> 22:28.160]  Like, I know it sounds weird, but I really, I really didn't even, I knew I had rights,
[22:28.160 --> 22:36.280]  and I never really acted on them until I started listening to you guys, so thanks for, thanks
[22:36.280 --> 22:42.720]  for being there and doing that, and putting the show on every Monday and Wednesday and
[22:42.720 --> 22:43.720]  Friday.
[22:43.720 --> 22:48.560]  Well, we certainly appreciate your being there.
[22:48.560 --> 22:57.600]  It does not take many sovereign citizens kicking public official behind in order to keep our
[22:57.600 --> 23:02.200]  public officials acting like they're supposed to.
[23:02.200 --> 23:10.280]  So I appreciate you guys listening, I appreciate even more your listening and actually doing
[23:10.280 --> 23:11.280]  something.
[23:11.280 --> 23:16.360]  And that is exactly what my question is.
[23:16.360 --> 23:19.400]  I got a parking ticket, obviously.
[23:19.400 --> 23:27.960]  I looked, since it's not, you know, anywhere in the Texas statute or anything, it's all
[23:27.960 --> 23:28.960]  city ordinances.
[23:28.960 --> 23:37.440]  You look in Title 12 of the city tone, and you can credit Eddie for allowing me to go
[23:37.440 --> 23:44.040]  down this road and realize that I don't, that I'm not, I'm not, that I didn't, I didn't,
[23:44.040 --> 23:47.040]  I shouldn't even got the ticket to start with, honestly.
[23:47.040 --> 23:54.400]  But anyway, you look in Title 12, I'm not a city employee or anything of that nature.
[23:54.400 --> 23:56.680]  I'm not contracted by them.
[23:56.680 --> 23:59.560]  The whole thing doesn't apply to me, okay?
[23:59.560 --> 24:05.080]  So I, I, I'm like, okay, fine, I'm going to go and I'm going to submit motions, that's
[24:05.080 --> 24:13.600]  the, I was going to submit a motion, a, an motion to dismiss to the clerk, assuming that
[24:13.600 --> 24:22.880]  I was going to get a fair, at least hearing with a judge over this act of station.
[24:22.880 --> 24:28.360]  And I walked up to the municipal court, to the clerk's window there, and he goes, no,
[24:28.360 --> 24:30.520]  you will not see the judge.
[24:30.520 --> 24:35.440]  You will not, the only time you get to see a judge is if you park, and it's a criminal
[24:35.440 --> 24:43.360]  offense, which it's not, as far as I know, parking in a handicap spot.
[24:43.360 --> 24:46.000]  It's the only time you get a hearing.
[24:46.000 --> 24:52.640]  Otherwise, and I have this all on tape, I haven't recorded, so it's a guy in very plain English
[24:52.640 --> 24:57.680]  saying, there, anything else, if you don't want to pay the ticket and you want to contest
[24:57.680 --> 25:08.120]  it, you have to go over this separate, none, and it's basically a separate department that
[25:08.120 --> 25:15.360]  handles and performs a hearing, so I get to go plead with another, another city officer,
[25:15.360 --> 25:16.360]  basically.
[25:16.360 --> 25:19.760]  And I said, no, that's not good enough.
[25:19.760 --> 25:25.840]  I have rights, and if you're only going to, if you're only going to expect to charge me
[25:25.840 --> 25:31.560]  with, you know, not paying this ticket, then I want a hearing.
[25:31.560 --> 25:35.560]  And he goes, well, I'm sorry, but you won't give one.
[25:35.560 --> 25:40.640]  So I'm kind of wondering, where do I go from here?
[25:40.640 --> 25:44.840]  I thought I was going to get a hearing, apparently I'm not getting one.
[25:44.840 --> 25:47.280]  Oh, okay, hold on, hold on.
[25:47.280 --> 25:51.600]  Where did he say you would, what was the procedure you had to follow if you didn't want to pay
[25:51.600 --> 25:53.080]  the ticket?
[25:53.080 --> 26:03.000]  I had to wait, go to another line there at the municipal court, and wait for my number
[26:03.000 --> 26:12.880]  to be called to talk to another department, slash clerk, and that is the only thing that
[26:12.880 --> 26:15.080]  I got.
[26:15.080 --> 26:17.240]  And so that's the procedure.
[26:17.240 --> 26:20.840]  Okay, did you have motions with you to file?
[26:20.840 --> 26:25.360]  Yes, I had, took the motions with me, and I...
[26:25.360 --> 26:28.240]  Did the clerk accept the motions?
[26:28.240 --> 26:30.240]  No.
[26:30.240 --> 26:37.160]  Okay, did you get security and ask security to arrest the clerk?
[26:37.160 --> 26:45.960]  Well, I had heard that you've done that, and I've put it a bunch of times, but I wasn't
[26:45.960 --> 26:50.880]  exactly sure that I hadn't proper, like, and I hadn't followed all of them.
[26:50.880 --> 26:55.240]  Okay, it don't matter, especially if you haven't recorded.
[26:55.240 --> 26:57.960]  What you do is you don't make this real confrontational.
[26:57.960 --> 26:58.960]  Okay.
[26:58.960 --> 27:04.440]  You call, you ask for a city marshal, you get city marshals there in Austin.
[27:04.440 --> 27:10.040]  Well, there's a pop sitting right there, like in the lobby with everybody else.
[27:10.040 --> 27:17.480]  Yeah, yeah, you say, it's great fun, you turn to the marshal, hey, you, you, come over here,
[27:17.480 --> 27:18.480]  I need you.
[27:18.480 --> 27:28.280]  And the marshal come over, I need you to arrest this clerk, and he'll say, why should I arrest
[27:28.280 --> 27:29.280]  the clerk?
[27:29.280 --> 27:39.080]  For mis-reasons in office, I have come to file motions in my defense against an offense,
[27:39.080 --> 27:47.600]  and the clerk has failed to perform her duty and failed to file my motions in the case and
[27:47.600 --> 27:53.520]  has therefore, thereby, denied me in my right to the equal protection of the law, so arrest
[27:53.520 --> 27:54.520]  her.
[27:54.520 --> 28:00.920]  You want to arrest the clerk, just go back there and throw the customer and drag her
[28:00.920 --> 28:01.920]  off to jail.
[28:01.920 --> 28:04.800]  That could be great fun.
[28:04.800 --> 28:09.840]  And besides, I don't, yeah, you tell him, look, I don't care if you arrest the clerk
[28:09.840 --> 28:16.720]  or not, but I do need a third party to memorialize this refusal on part of the clerk.
[28:16.720 --> 28:20.760]  I don't want to come back here next week or with complaints against the clerk, and then
[28:20.760 --> 28:25.600]  all of a sudden, have the clerk lie about what the clerk did or didn't do, so I need
[28:25.600 --> 28:26.600]  a third party.
[28:26.600 --> 28:32.440]  I need you to take my complaint against the clerk, and then just do with it whatever you
[28:32.440 --> 28:33.440]  do with complaints.
[28:33.440 --> 28:34.440]  Right.
[28:34.440 --> 28:44.240]  And so the clerk started getting an attitude after I said, I said, well, I'm getting some
[28:44.240 --> 28:52.840]  sort of a hearing, I understand it's administrative and all of that, but like, I'm not just going
[28:52.840 --> 28:54.240]  to pay the fines.
[28:54.240 --> 28:55.240]  That's not happening.
[28:55.240 --> 29:03.480]  So it is, so I was like, okay, well, and he looks at his watch, he goes, well, we all
[29:03.480 --> 29:06.920]  close at six, and it's 5.30 now.
[29:06.920 --> 29:12.800]  And I was like, okay, so you're saying that I can't file a motion and that if my number
[29:12.800 --> 29:22.440]  doesn't get called, and I have to work on the day that I was supposed to have a hearing,
[29:22.440 --> 29:27.880]  then I'm just, I don't have a defense on that.
[29:27.880 --> 29:32.680]  I go, I'm doing this now because I have to work the day that I'm supposed to be here.
[29:32.680 --> 29:38.360]  And he goes, well, that's not really my problem, sir.
[29:38.360 --> 29:40.880]  That was exactly what I would tell him.
[29:40.880 --> 29:45.640]  Moving on, this is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[29:45.640 --> 29:54.360]  This is our four hour info marathon where call lines are open, 512-646-1984.
[29:54.360 --> 29:56.520]  We'll be right back with Blake and Leslie.
[29:56.520 --> 29:57.520]  I see you there.
[29:57.520 --> 29:58.520]  We'll get to you next.
[29:58.520 --> 30:00.280]  We'll be right back.
[30:00.280 --> 30:05.680]  This is Building 7, a 47 story skyscraper that fell on the afternoon of September 11th.
[30:05.680 --> 30:07.840]  The government says that fire brought it down.
[30:07.840 --> 30:12.760]  Over 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.760 --> 30:15.480]  Over 6,000 of my fellow service members have given their lives.
[30:15.480 --> 30:18.200]  And thousands of my fellow first responders have died.
[30:18.200 --> 30:19.720]  I'm not a conspiracy theorist.
[30:19.720 --> 30:20.720]  I'm a structural engineer.
[30:20.720 --> 30:22.000]  I'm a New York City correction officer.
[30:22.000 --> 30:23.000]  I'm an Air Force pilot.
[30:23.000 --> 30:24.720]  I'm a father who lost his son.
[30:24.720 --> 30:27.320]  We're Americans, and we deserve the truth.
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[30:59.320 --> 31:00.320]  you.
[31:00.320 --> 31:07.320]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so
[31:07.320 --> 31:09.840]  easy, and neither is finding like-minded people to share it with.
[31:09.840 --> 31:12.960]  Oh well, I guess you haven't heard of Brave New Books then.
[31:12.960 --> 31:13.960]  Brave New Books?
[31:13.960 --> 31:14.960]  Yes.
[31:14.960 --> 31:19.200]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[31:19.200 --> 31:21.120]  Ron Paul, and G. Edward Griffin.
[31:21.120 --> 31:24.400]  They even stock inner food, Berkey products, and Calvin Soaps.
[31:24.400 --> 31:27.440]  There's no way a place like that exists.
[31:27.440 --> 31:28.920]  Go check it out for yourself.
[31:28.920 --> 31:32.640]  It's downtown at 1904 Guadalupe Street, just south of UT.
[31:32.640 --> 31:36.600]  Oh, by UT, there's never anywhere to park down there.
[31:36.600 --> 31:41.920]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[31:41.920 --> 31:44.920]  facility just behind the bookstore.
[31:44.920 --> 31:47.920]  It does exist, but when are they open?
[31:47.920 --> 31:52.680]  Monday through Saturday, 11am to 9pm and 1-6pm on Sundays.
[31:52.680 --> 31:58.760]  So get them a call at 512-480-2503 or check out their events page at Brave New Bookstore
[31:58.760 --> 31:59.760]  dot com.
[31:59.760 --> 32:10.760]  Yeah, I got that one rent and I'm gonna solve that to the head of government then, prosecute
[32:10.760 --> 32:11.760]  them.
[32:11.760 --> 32:12.760]  Okay.
[32:12.760 --> 32:13.760]  Oh, sir.
[32:13.760 --> 32:36.840]  Okay, we are back, Randy Kelton, Deborah Stevens, Lady Craig, and we're talking to Blake from
[32:36.840 --> 32:37.840]  Texas.
[32:37.840 --> 32:45.880]  In listening to what was going on is kind of a common scenario.
[32:45.880 --> 32:54.640]  The defense against having those kinds of problems is knowing exactly why you're there
[32:54.640 --> 32:59.840]  and addressing the purpose that you're there and nothing else.
[32:59.840 --> 33:05.720]  One thing, when I go to clerks, clerks are forbidden to give legal advice.
[33:05.720 --> 33:10.560]  So I never go to them for legal advice.
[33:10.560 --> 33:18.480]  In that respect, I'm never interested in their opinion and these clerks are the most part
[33:18.480 --> 33:27.160]  are totally uneducated and unqualified to give legal advice even if they had some.
[33:27.160 --> 33:30.280]  So I don't ask them questions.
[33:30.280 --> 33:37.600]  I simply go there and tell them what I want done and when they don't do it, then I go
[33:37.600 --> 33:44.000]  get security to take my complaint against them for not doing it.
[33:44.000 --> 33:45.000]  Okay.
[33:45.000 --> 33:56.000]  Essentially, when I go to a public official, I tend to only ask public officials to do
[33:56.000 --> 34:04.040]  what they have a duty to do and being the sovereign, I will not be interested in their
[34:04.040 --> 34:12.640]  opinion about whether they want to or don't want to perform their duty.
[34:12.640 --> 34:14.960]  If you don't want to do it, fine.
[34:14.960 --> 34:22.760]  I tell about Randall County when I asked to see some records that the district clerk
[34:22.760 --> 34:26.160]  had and she told me I could look at them on the computer and I said, no, that's not good
[34:26.160 --> 34:27.160]  enough.
[34:27.160 --> 34:32.200]  I want to see the physical documents because I expect documents not to be in the record
[34:32.200 --> 34:37.560]  and when I find them not there, I'm going to give you a written request for those records.
[34:37.560 --> 34:40.400]  She said, well, if I don't have the records, I can't show them to you.
[34:40.400 --> 34:48.360]  I said, that's true, but you will have to respond to my written request by notifying
[34:48.360 --> 34:54.880]  me that you have no records responsive to my request, that way I can prove positive
[34:54.880 --> 34:59.040]  that they were not in the record on this day at this time.
[34:59.040 --> 35:03.920]  And she said, well, I don't have the time or the personnel, you'll just have to go look
[35:03.920 --> 35:06.520]  in the computer.
[35:06.520 --> 35:11.560]  I said, wait right here, don't go anywhere.
[35:11.560 --> 35:16.600]  Somebody's going to want to talk to you and she had her own little office with glass all
[35:16.600 --> 35:21.560]  around so you could see outside and I went and pushed the door open and pointed at one
[35:21.560 --> 35:22.560]  of the bailiffs.
[35:22.560 --> 35:23.560]  You come here.
[35:23.560 --> 35:28.360]  I was, he was a little sergeant and he came over and said, can I help you?
[35:28.360 --> 35:29.360]  Yes.
[35:29.360 --> 35:34.000]  I turned to the clerk, whatever her name was, I said, I want you to go get those records
[35:34.000 --> 35:35.000]  I asked before.
[35:35.000 --> 35:38.960]  And she said, I told you, you'll have to make those in the computer.
[35:38.960 --> 35:39.960]  I turned to the bailiff.
[35:39.960 --> 35:40.960]  Did you get that?
[35:40.960 --> 35:41.960]  He said, yes, I did.
[35:41.960 --> 35:42.960]  Arrest that woman.
[35:42.960 --> 35:48.760]  Oh, I can't arrest the clerk, you sure can, if this is what's on her, drag her off to
[35:48.760 --> 35:53.120]  jail for these reasons in office, I swear I have to complain.
[35:53.120 --> 35:57.040]  And you know, they start doing this little song about cells of dirty pants.
[35:57.040 --> 36:02.400]  Well, we wound up, they sent out a, he went and got his captain and his captain's smart
[36:02.400 --> 36:05.160]  mouth being refused to do anything.
[36:05.160 --> 36:09.160]  So I called the sheriff's department and asked him to send somebody out to arrest both the
[36:09.160 --> 36:12.440]  captain and the district clerk.
[36:12.440 --> 36:19.400]  So while I'm waiting for the sheriff's department to dispatch an officer, the clerk came out
[36:19.400 --> 36:23.200]  with the records that I had asked for, she had a handful of folders.
[36:23.200 --> 36:26.560]  I assumed they were the records I asked for.
[36:26.560 --> 36:29.160]  And she was with this lieutenant.
[36:29.160 --> 36:30.880]  And the lieutenant started to say something.
[36:30.880 --> 36:38.480]  I held up both hands with my palms out, no, no, no, no, I can't be talking to you.
[36:38.480 --> 36:44.000]  Now I have someone coming and when he gets here, I'll give him a full report.
[36:44.000 --> 36:48.680]  And the little sergeant said, well, she has the record you asked for.
[36:48.680 --> 36:54.960]  Sorry, Bubba, that bell has already been rung.
[36:54.960 --> 37:02.000]  And the look on the clerk's face was absolutely priceless.
[37:02.000 --> 37:04.280]  And that's my point, the bell's been rung.
[37:04.280 --> 37:08.560]  And I go to a public official and request that they do something.
[37:08.560 --> 37:13.680]  I only request what the law requires them to do.
[37:13.680 --> 37:18.760]  I am not interested in their opinion about whether they should do what I insist they
[37:18.760 --> 37:21.080]  do or not.
[37:21.080 --> 37:22.360]  The law commands them to do it.
[37:22.360 --> 37:23.360]  I expect them to do it.
[37:23.360 --> 37:31.880]  If they fail to do it, well, that's 3903 penal code if it denies me in a right.
[37:31.880 --> 37:35.000]  3903 penal code makes it a class A misdemeanor.
[37:35.000 --> 37:36.000]  Wow.
[37:36.000 --> 37:37.000]  No, I'm arrested.
[37:37.000 --> 37:38.000]  Just arrested.
[37:38.000 --> 37:50.120]  And the marshal's not going to want to keep in mind, it is very, very rare that I ever
[37:50.120 --> 37:58.000]  ask a public official to do something that I actually want the public official to do.
[37:58.000 --> 38:04.480]  For the most part, I want them not to do it.
[38:04.480 --> 38:09.680]  Because do you have your little tar baby with you?
[38:09.680 --> 38:14.880]  If you don't have one, go get you one.
[38:14.880 --> 38:17.640]  It's actually a little mental tar baby.
[38:17.640 --> 38:22.080]  And I always have this little tar baby out in front of me.
[38:22.080 --> 38:26.160]  And I go to the clerk and I say, here, Mr. Clerk, here's my little tar baby, do you want
[38:26.160 --> 38:27.160]  to touch it?
[38:27.160 --> 38:30.480]  Here, here, go ahead, touch it.
[38:30.480 --> 38:33.640]  Once they touch it, they stick to it.
[38:33.640 --> 38:41.560]  And then when the clerk touches it and she sticks to it, then for me, oh, this is wonderful.
[38:41.560 --> 38:48.960]  Then I call the bailiff over, the marshal, oh, hey, Mr. Marshal, I have the tar baby here.
[38:48.960 --> 38:50.520]  The clerk has already touched it.
[38:50.520 --> 38:52.880]  Would you like to touch it too?
[38:52.880 --> 38:55.040]  And they're always so accommodating.
[38:55.040 --> 38:57.400]  They will always touch it for me.
[38:57.400 --> 38:58.920]  Oh, wonderful, wonderful.
[38:58.920 --> 39:01.000]  Where's the nearest magistrate?
[39:01.000 --> 39:05.520]  I would like a magistrate to touch my tar baby.
[39:05.520 --> 39:12.240]  It doesn't take them long to get that part figured out.
[39:12.240 --> 39:16.320]  Now you become two things.
[39:16.320 --> 39:24.800]  You become very, very dangerous to them, to their personal and professional career because
[39:24.800 --> 39:29.720]  they realize you set them up.
[39:29.720 --> 39:36.440]  And you become a very powerful instrument for change.
[39:36.440 --> 39:41.480]  You give them very good reason to change their behavior.
[39:41.480 --> 39:43.480]  Does that make sense, Blake?
[39:43.480 --> 39:46.000]  That makes a lot of sense.
[39:46.000 --> 39:54.680]  And you were talking about far grievances and prosecutors and prosecutors are just as guilty
[39:54.680 --> 40:03.440]  as a lot of the clerks and, I should say, inept judges that I've heard about.
[40:03.440 --> 40:15.280]  And the only way I see any kind of good, positive, nonviolent change is to say, well, you're
[40:15.280 --> 40:21.000]  doing your job wrong, and this is why.
[40:21.000 --> 40:31.680]  And it's all about yourself and others like you, and myself, I've obviously taken up the
[40:31.680 --> 40:42.280]  fight, too, but it's being intelligent and knowing how to be dangerous, I guess, and
[40:42.280 --> 40:45.520]  being accountable.
[40:45.520 --> 40:52.280]  And being dangerous in this regard has nothing to do with physically dangerous.
[40:52.280 --> 40:55.000]  No, it does not.
[40:55.000 --> 41:02.400]  If you get angry and frustrated, that's how they manipulate you.
[41:02.400 --> 41:10.480]  You're very easy to handle if they can get you in a state that they like to call agitated.
[41:10.480 --> 41:21.120]  You spoke earlier that the clerks started getting somewhat tense with you.
[41:21.120 --> 41:24.560]  First question, why are you getting agitated?
[41:24.560 --> 41:34.320]  I'm not asking my question, but I didn't want to talk to him anymore because he was
[41:34.320 --> 41:37.040]  obviously in that.
[41:37.040 --> 41:46.800]  Every time I'm dealing with an official and I start getting attitude, I'm not going to
[41:46.800 --> 41:51.680]  instruct that official in how he's to perform his duty.
[41:51.680 --> 41:58.800]  I can assure you they hear that all day every day, and they will not be impressed.
[41:58.800 --> 42:01.600]  I want somebody else to instruct them.
[42:01.600 --> 42:05.640]  You see, I'm not their manager.
[42:05.640 --> 42:09.560]  I'm the software and I'm the CEO.
[42:09.560 --> 42:18.040]  I have caused to be put in place someone to manage their behavior.
[42:18.040 --> 42:25.320]  And I'll go seek out that person and ask them to explain to the clerk how they're supposed
[42:25.320 --> 42:27.600]  to behave.
[42:27.600 --> 42:29.520]  I'm not going to do it myself.
[42:29.520 --> 42:32.480]  That's why I call security over.
[42:32.480 --> 42:39.240]  These are to keep the peace, makes no difference who breaches it.
[42:39.240 --> 42:45.240]  They think they're there to keep the peace only against citizens, but I invoke their
[42:45.240 --> 42:48.800]  duty to keep the peace when the public officials breach it.
[42:48.800 --> 42:50.480]  And that always gets them excited.
[42:50.480 --> 42:57.320]  You'll find these guys get real excited real quick because they will quickly realize they're
[42:57.320 --> 43:01.880]  being drawn into a fray that they don't want to be into.
[43:01.880 --> 43:03.280]  And tell me what I'll do.
[44:02.040 --> 44:03.560]  The Oakland City bombing.
[44:03.560 --> 44:06.200]  Top 10 reasons to question the official story.
[44:06.200 --> 44:09.960]  Reason number two, why was the ATF AWOL?
[44:09.960 --> 44:14.560]  Paramedic Tiffany Bible, who was on the scene within five minutes, has stated in an affidavit
[44:14.560 --> 44:18.760]  that agents of the Bureau of Alcohol and Tobacco and Firearms told her that they were not in
[44:18.760 --> 44:20.160]  the office that morning.
[44:20.160 --> 44:24.760]  EMT Catherine Mallant also overheard one agent say to another, close, is that why we got
[44:24.760 --> 44:27.520]  the page to not come in today, end quote.
[44:27.520 --> 44:32.320]  Bruce Shaw, as interviewed on KFL or TV, was also told by ATF agents that they had been
[44:32.320 --> 44:34.680]  paid to not come into work.
[44:34.680 --> 44:39.280]  The ATF initially denied these claims and now variously claim that one of their agents
[44:39.280 --> 44:42.800]  was in a free falling elevator, which has been disproven, or that they had been in an
[44:42.800 --> 44:46.280]  all night stakeout, or that they had been at a golf tournament.
[44:46.280 --> 44:51.040]  As they try to sort out their lies, all we want to know is, did the ATF receive a warning?
[44:51.040 --> 44:56.160]  And if so, why did they not pass it on to others in the mobile?
[44:56.160 --> 44:58.720]  For more information, go to okcbombandtruth.com.
[45:26.160 --> 45:28.000]  And now you can too.
[45:28.000 --> 45:34.760]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:34.760 --> 45:39.360]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[45:39.360 --> 45:43.600]  principles and practices that control our American courts.
[45:43.600 --> 45:49.760]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.760 --> 45:56.480]  pro se tactics and much more, please visit ruleoflawradio.com and click on the banner
[45:56.480 --> 46:23.040]  or call toll-free 866-LAW-E-Z.
[46:23.040 --> 46:46.800]  Okay, we are back, Randy Kelton, David Stevens, David Craig, rule of law radio, and sorry
[46:46.800 --> 46:48.360]  about that Blake.
[46:48.360 --> 46:53.880]  My connection kind of flaked out there at the end.
[46:53.880 --> 46:58.120]  But anyway, we've been talking really general.
[46:58.120 --> 47:00.720]  That's kind of a general attitude to take.
[47:00.720 --> 47:14.200]  I guess my question to you is, since you didn't get your documents filed on the parking ticket
[47:14.200 --> 47:16.400]  that you got.
[47:16.400 --> 47:25.080]  Did the ticket require that you appear before the court on a date and time certain?
[47:25.080 --> 47:32.080]  It only has a date.
[47:32.080 --> 47:42.080]  Did it have a command that you appear on this date or on or before this date?
[47:42.080 --> 47:52.600]  It says, well, I believe it says honor before, but it has a hearing date is like, for instance,
[47:52.600 --> 47:59.600]  one of them is 1-7-2013 and another one of them is 1-18-2013.
[47:59.600 --> 48:03.560]  So, and at the bottom of the ticket it says...
[48:03.560 --> 48:05.160]  Okay, wait a minute, wait a minute.
[48:05.160 --> 48:07.720]  You have two different dates to appear on one ticket?
[48:07.720 --> 48:10.160]  No, I have two different tickets.
[48:10.160 --> 48:14.760]  Oh, you ought to be ashamed of yourself.
[48:14.760 --> 48:27.880]  Okay, I suggest you file the, you send, always if you can, send your motions by mail.
[48:27.880 --> 48:36.600]  If the citation instructs you to appear on or before a certain date, last time I had
[48:36.600 --> 48:42.720]  a ticket in Austin, I went down and spoke to the clerk and told the clerk, I want to
[48:42.720 --> 48:45.400]  see a magistrate.
[48:45.400 --> 48:53.520]  And the clerk wanted to talk about a ticket and I said, I want to see a magistrate.
[48:53.520 --> 48:57.320]  So they sent me over to this little court, the one that's kind of in the basement there.
[48:57.320 --> 49:03.800]  When you come in the door of the Austin Municipal Court, you go through the metal detector,
[49:03.800 --> 49:08.520]  you look in front of you, there's a little information window, we look past him, there's
[49:08.520 --> 49:13.560]  a little hallway that goes to a court right there and there's a magistrate in there.
[49:13.560 --> 49:18.840]  And I want to see the magistrate, I don't want to talk to the clerk, if I have business,
[49:18.840 --> 49:24.920]  if I have documents to file, the best way to do that is by the mail.
[49:24.920 --> 49:36.400]  And at register mail, return the seat, always send three copies of each motion and a cover
[49:36.400 --> 49:37.400]  letter.
[49:37.400 --> 49:47.680]  The first thing the cover letter should say is direct the clerk to bring these motions
[49:47.680 --> 49:56.520]  to the immediate attention of the court and this goes to a really crappy appeals court
[49:56.520 --> 50:04.800]  decision we have where a guy filed motions, the judge completely ignored them and the
[50:04.800 --> 50:09.600]  court said, well, the judge was not aware of the motions.
[50:09.600 --> 50:15.040]  That if you want your motions brought before the court, you have to direct the clerk to
[50:15.040 --> 50:18.880]  bring them before the court.
[50:18.880 --> 50:28.360]  Now that is horse manure, but it's one of the BS rulings that we have, sometimes we
[50:28.360 --> 50:30.080]  get junk rulings.
[50:30.080 --> 50:32.760]  So okay, we can handle that.
[50:32.760 --> 50:36.040]  You put your cover letter in there and the first thing you do is direct the clerk to
[50:36.040 --> 50:41.680]  bring these motions to the immediate attention of the court and then you request that the
[50:41.680 --> 50:45.480]  clerk stamp all copies.
[50:45.480 --> 50:55.200]  What I do is I mark one file copy, one prosecutor copy, one return copy and ask them to return
[50:55.200 --> 51:01.840]  the return copy stamped in the stamp self-addressed envelope included.
[51:01.840 --> 51:07.960]  So I take a Manila envelope and include a stamp self-addressed envelope for them to
[51:07.960 --> 51:09.520]  return with.
[51:09.520 --> 51:14.920]  That is a common practice in courts, lawyers do that all the time, they don't do that so
[51:14.920 --> 51:20.360]  much anymore since they have electronic filing, but it's still a practice that the clerk will
[51:20.360 --> 51:21.360]  readily recognize.
[51:21.360 --> 51:30.160]  I don't like all this electronic filing because it's way easy to delete stuff in electronic
[51:30.160 --> 51:31.160]  paper.
[51:31.160 --> 51:40.560]  Well, the problem is it leaves tracks and you know that was a serious consideration
[51:40.560 --> 51:44.920]  so they develop methods where it leaves tracks.
[51:44.920 --> 51:57.360]  If you email or fax documents from one place to another, then your system will have evidence
[51:57.360 --> 52:02.760]  of the transaction, the email or the fax transmittal.
[52:02.760 --> 52:07.840]  So there's ways of tracking it so that's not necessarily a bad idea, there are problems
[52:07.840 --> 52:11.440]  with it but that's not the real problem.
[52:11.440 --> 52:17.960]  Problem is it's fertile ground for fraudulent documents.
[52:17.960 --> 52:23.520]  But here's follow, he's just mailing it to them, then you have hard evidence.
[52:23.520 --> 52:28.280]  If the clerk sends them back, you'll have evidence of them being returned, you'll have
[52:28.280 --> 52:34.040]  your green card for having sent it and had it been signed for and then you'll most likely
[52:34.040 --> 52:41.800]  have an envelope where they send it back to you and then you take that and you don't
[52:41.800 --> 52:51.720]  care what their reason is, you file criminal charges against the clerk regardless.
[52:51.720 --> 52:58.200]  If the clerk has done everything immediately, then your criminal charges are meaningless
[52:58.200 --> 53:00.360]  because they will come to nothing.
[53:00.360 --> 53:07.960]  But if she hasn't done everything legally, they could well come to serious problems.
[53:07.960 --> 53:15.800]  And King Magnuson, he's my local lobbyist, he just had a meeting with his local state
[53:15.800 --> 53:23.000]  representative, a two-hour meeting with one of these head clerks or head, what do they
[53:23.000 --> 53:31.000]  call them, desistence of the lobbyist, I mean our politicians all have people that
[53:31.000 --> 53:38.280]  work for them that deal with the public, two-hour meeting and he is interested in a white paper
[53:38.280 --> 53:44.200]  on some of the legislation we're trying to get passed that will help us address this.
[53:44.200 --> 53:49.880]  And one in particular is to require the grand jury to meet at least once a month to hear
[53:49.880 --> 53:51.880]  complaints against public officials.
[53:51.880 --> 53:57.600]  See, then we make it just a matter of routine.
[53:57.600 --> 54:04.600]  We file, we follow the law, they fail to follow it in one spot, we just as a matter of course
[54:04.600 --> 54:06.880]  send a complaint to the grand jury.
[54:06.880 --> 54:11.440]  We can do that now and send complaints to prosecutors and we'll probably get into that
[54:11.440 --> 54:17.600]  a little later in the show if after we go to the next caller, if you'll hang on, after
[54:17.600 --> 54:24.080]  I talk to Leslie if I don't have much cause, we'll go back to this issue of how to address
[54:24.080 --> 54:31.000]  these officials when they don't follow what they're required to do.
[54:31.000 --> 54:39.840]  So with that said, what issue do you have now that I may not have addressed?
[54:39.840 --> 54:55.440]  Well, I have other questions but you've pretty much addressed all the clerk's issues that
[54:55.440 --> 54:56.440]  I have.
[54:56.440 --> 55:03.320]  But I have other questions if you want to come back to me later.
[55:03.320 --> 55:12.040]  Okay, then this, okay, if you have specific questions, call back in later, don't wait on
[55:12.040 --> 55:20.360]  the line, don't hang, it ties up our call board but if I, when I get back to that, if
[55:20.360 --> 55:23.880]  I need to, I'll ask you to call back in.
[55:23.880 --> 55:24.880]  Okay.
[55:24.880 --> 55:32.120]  Okay, good, for the most part, I don't do traffic, since Eddie handles traffic, I stay
[55:32.120 --> 55:36.880]  out of it, I only do the due process part of traffic.
[55:36.880 --> 55:45.840]  I understand the argument that you're not engaged in a contract with the city, but I
[55:45.840 --> 55:52.200]  stay out of that because I'm not as fine-tuned on as Eddie is, so I try not to step on his
[55:52.200 --> 55:54.640]  professional pose in that regard.
[55:54.640 --> 56:03.000]  Okay, let me go to Leslie and then we will get back to that, your issues later on.
[56:03.000 --> 56:04.520]  Thank you for calling.
[56:04.520 --> 56:08.760]  Okay, now we're going to go to Ms. Leslie.
[56:08.760 --> 56:10.760]  Hello there.
[56:10.760 --> 56:13.960]  Hello, Ms. Leslie.
[56:13.960 --> 56:17.120]  How is the weather up there in Pennsylvania?
[56:17.120 --> 56:18.120]  Cold.
[56:18.120 --> 56:19.120]  Cold.
[56:19.120 --> 56:25.800]  Oh, that's terrible, it's this warm and sunny down here in Texas.
[56:25.800 --> 56:30.760]  It never gets cold in Texas.
[56:30.760 --> 56:37.520]  You may hear some stuff about it getting cold in Texas, but that's all a bunch of Yankee
[56:37.520 --> 56:38.520]  propaganda.
[56:38.520 --> 56:45.280]  You know how those Yankees are, they're just jealous, and us Texans, we wouldn't lie about
[56:45.280 --> 56:48.440]  that either.
[56:48.440 --> 56:56.480]  When I first came to Texas, I stopped at Texarkana, and that's right where you cross in from Arkansas
[56:56.480 --> 57:01.440]  into Texas, and asked for directions, and the guy said, are you moving to Texas?
[57:01.440 --> 57:03.080]  I said, yes, I am.
[57:03.080 --> 57:08.720]  He said, well, one thing I have to let you know, you got to watch these Texans, all these
[57:08.720 --> 57:12.040]  Texans are a bunch of darn liars.
[57:12.040 --> 57:15.440]  I said, tell me, where are you from?
[57:15.440 --> 57:20.120]  Oh, I'm from Texas.
[57:20.120 --> 57:23.120]  So he ought to know.
[57:23.120 --> 57:30.440]  Okay, I understand you have someone with a case in Dallas.
[57:30.440 --> 57:31.440]  Yeah.
[57:31.440 --> 57:36.440]  Tell us all about it.
[57:36.440 --> 57:45.360]  Okay, this particular case was a regular mortgage, it didn't have any mirth in it, and it got
[57:45.360 --> 57:46.360]  securitized.
[57:46.360 --> 57:53.880]  Well, after about a year of being securitized, it gets assigned to MERS, who securitizes
[57:53.880 --> 57:54.880]  it again.
[57:54.880 --> 58:03.600]  Okay, okay, hang on, hang on, we're about to go to break.
[58:03.600 --> 58:06.600]  We will pick this up when we come back on the other side.
[58:06.600 --> 58:14.600]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rue LaRadeo, a call in number, 512-646-1984.
[58:14.600 --> 58:21.160]  Give us a call, we're going to be taking your calls all night, and when we're not taking
[58:21.160 --> 58:25.960]  your calls, we're going to be talking about dirty rotten scoundrel prosecutors.
[58:25.960 --> 58:50.360]  Okay, Leslie, hang on, we'll pick you up on the other side, and we'll be right back.
[58:50.360 --> 58:54.040]  Would you like to make more definite progress in your walk with God?
[58:54.040 --> 58:59.560]  The Bible for America is offering a free study Bible and a set of free Christian books
[58:59.560 --> 59:01.040]  that can really help.
[59:01.040 --> 59:05.360]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.360 --> 59:06.360]  today.
[59:06.360 --> 59:10.400]  It's an accurate translation, and it contains thousands of footnotes that will help you
[59:10.400 --> 59:13.520]  to know God and to know the meaning of life.
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[59:32.960 --> 59:45.760]  Life, call Bibles for America toll-free at 888-551-0102, that's 888-551-0102, or visit
[59:45.760 --> 01:00:15.480]  us online at bfa.org.
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[01:03:27.840 --> 01:03:46.640]  Okay, we are back.
[01:03:46.640 --> 01:03:53.440]  Randy Kelton, Debbie Stephen, Debbie Craig, and we're talking to Leslie in Pennsylvania.
[01:03:53.440 --> 01:03:58.080]  Okay, Leslie, we have a case that was filed in Dallas.
[01:03:58.080 --> 01:04:01.120]  It was not a MERS case.
[01:04:01.120 --> 01:04:02.120]  Pick it up.
[01:04:02.120 --> 01:04:03.120]  Okay.
[01:04:03.120 --> 01:04:11.920]  When she did her mortgage, there was no MERS in there, and it was securitized in 2006.
[01:04:11.920 --> 01:04:17.440]  In 2007, Countrywide assigned it to MERS.
[01:04:17.440 --> 01:04:23.760]  Now, before that assignment, there were three separate transfers of the loan from the sponsor
[01:04:23.760 --> 01:04:27.320]  to the depositor to the trustee of the trust.
[01:04:27.320 --> 01:04:28.320]  Okay.
[01:04:28.320 --> 01:04:31.360]  How did you establish that?
[01:04:31.360 --> 01:04:35.600]  She had a securitization audit, and she found out what trust it went to and how it had to
[01:04:35.600 --> 01:04:36.600]  be transferred.
[01:04:36.600 --> 01:04:37.600]  Okay.
[01:04:37.600 --> 01:04:38.600]  Hold on.
[01:04:38.600 --> 01:04:49.520]  The reason I ask that question is, in order to have a note transferred into a passive
[01:04:49.520 --> 01:04:55.200]  trust, there are three steps they normally have to go through.
[01:04:55.200 --> 01:04:58.120]  Will you explain those steps?
[01:04:58.120 --> 01:04:59.120]  Okay.
[01:04:59.120 --> 01:05:08.280]  First, it has to be sent to the sponsor, and that may be a party that is sort of related
[01:05:08.280 --> 01:05:14.200]  to the original lender, but it's not the same person, and then it is sent to a depositor
[01:05:14.200 --> 01:05:20.920]  who is an entirely different organization, and then it is sent to a trustee, and that
[01:05:20.920 --> 01:05:24.280]  is the trustee that takes care of the trust.
[01:05:24.280 --> 01:05:25.280]  Right.
[01:05:25.280 --> 01:05:33.680]  And generally, if your note has been, that's called negotiating the note.
[01:05:33.680 --> 01:05:41.280]  The negotiation refers to the first transfer of the note to a party, or a transfer by a
[01:05:41.280 --> 01:05:48.840]  bona fide holder of a security instrument to some other entity.
[01:05:48.840 --> 01:05:51.520]  That is a negotiation.
[01:05:51.520 --> 01:05:58.800]  If you transfer the deed of trust, that's a transfer, just a little on definitions.
[01:05:58.800 --> 01:05:59.800]  Okay.
[01:05:59.800 --> 01:06:00.800]  Go ahead.
[01:06:00.800 --> 01:06:01.800]  Okay.
[01:06:01.800 --> 01:06:08.720]  So, after it had been transferred these three times, then it gets assigned to MERS.
[01:06:08.720 --> 01:06:14.480]  So, that's the first recorded assigned, so that's four assignments already.
[01:06:14.480 --> 01:06:15.480]  Okay.
[01:06:15.480 --> 01:06:16.480]  Hold on.
[01:06:16.480 --> 01:06:20.080]  Let me ask a couple of questions about that transfer.
[01:06:20.080 --> 01:06:21.080]  Okay.
[01:06:21.080 --> 01:06:28.280]  Do you have the name of the pass-through trust into which it was transferred?
[01:06:28.280 --> 01:06:29.280]  Yes.
[01:06:29.280 --> 01:06:32.040]  It's the...
[01:06:32.040 --> 01:06:39.760]  Was the name of the transfer of the trust, did it have something to do with the original
[01:06:39.760 --> 01:06:40.760]  lender?
[01:06:40.760 --> 01:06:44.800]  Not that I can tell now.
[01:06:44.800 --> 01:06:57.120]  How soon after consummation of the note was the transfer made?
[01:06:57.120 --> 01:07:02.120]  I don't see the date, right here, of the date of the transfer.
[01:07:02.120 --> 01:07:03.680]  What was the name of the trust?
[01:07:03.680 --> 01:07:09.320]  There should be a four-digit number on the end of it that'll correspond to the year.
[01:07:09.320 --> 01:07:10.320]  Right.
[01:07:10.320 --> 01:07:19.240]  It's SASIS 2006 AA.
[01:07:19.240 --> 01:07:22.400]  Should be another number that'll indicate month.
[01:07:22.400 --> 01:07:26.960]  No, I don't see that.
[01:07:26.960 --> 01:07:27.960]  Okay.
[01:07:27.960 --> 01:07:32.720]  Generally, a trust is open for inclusion for three months.
[01:07:32.720 --> 01:07:33.720]  Right.
[01:07:33.720 --> 01:07:39.320]  According to Sammy, that's why I'm asking these particular questions.
[01:07:39.320 --> 01:07:44.800]  Part of what I'm going to hear is, who was the lender?
[01:07:44.800 --> 01:07:53.880]  I'm not asking who was the person posing as the lender, but who actually provided the
[01:07:53.880 --> 01:07:55.640]  funds.
[01:07:55.640 --> 01:08:01.760]  Was this a loan from an institution or was it a table-funded note?
[01:08:01.760 --> 01:08:05.280]  I doubt I do.
[01:08:05.280 --> 01:08:07.360]  My guess would be table-funded.
[01:08:07.360 --> 01:08:08.360]  Okay.
[01:08:08.360 --> 01:08:15.080]  The reason I'm asking the reason I'm going here is you don't know who you're doing business
[01:08:15.080 --> 01:08:16.080]  with.
[01:08:16.080 --> 01:08:17.080]  No.
[01:08:17.080 --> 01:08:25.480]  It appears as though you're doing business with the original lender, and that can get
[01:08:25.480 --> 01:08:26.480]  interesting.
[01:08:26.480 --> 01:08:39.080]  Has MERS, I take it that after the note had been transferred into the trust that MERS entered
[01:08:39.080 --> 01:08:40.080]  the picture?
[01:08:40.080 --> 01:08:45.080]  Yes, about six months later.
[01:08:45.080 --> 01:08:51.080]  Was there an assignment of the note and deed of trust to MERS?
[01:08:51.080 --> 01:08:52.080]  Yeah, exactly.
[01:08:52.080 --> 01:09:00.760]  And he didn't say as agent for anybody, it was a direct outright like it was a bank.
[01:09:00.760 --> 01:09:01.760]  Okay.
[01:09:01.760 --> 01:09:10.200]  So, that would have taken the note out of the pass-through trust, right?
[01:09:10.200 --> 01:09:16.360]  Because the one that would be the holder in a trust would be the trustee of the trust.
[01:09:16.360 --> 01:09:17.880]  Yeah, well, fine.
[01:09:17.880 --> 01:09:23.880]  They would be, what did you say, say that again?
[01:09:23.880 --> 01:09:29.680]  Wells Fargo is the one that was the trustee, but the person that assigned the mortgage
[01:09:29.680 --> 01:09:31.680]  was countrywide.
[01:09:31.680 --> 01:09:32.680]  Okay.
[01:09:32.680 --> 01:09:37.280]  Who was the original lender?
[01:09:37.280 --> 01:09:38.280]  Countrywide.
[01:09:38.280 --> 01:09:39.280]  Okay.
[01:09:39.280 --> 01:09:42.200]  Countrywide was the original lender.
[01:09:42.200 --> 01:09:48.200]  Did countrywide file a substitution of trustee?
[01:09:48.200 --> 01:09:57.480]  No, not until 2012.
[01:09:57.480 --> 01:10:02.000]  Did a trustee take any action in the interim?
[01:10:02.000 --> 01:10:03.000]  No.
[01:10:03.000 --> 01:10:06.520]  That's not necessarily a problem.
[01:10:06.520 --> 01:10:17.720]  Did MERS file any kind of transfer of deed of trust or substitution trustee?
[01:10:17.720 --> 01:10:21.600]  Yeah.
[01:10:21.600 --> 01:10:27.400]  Was there an assignment to MERS making MERS the trustee?
[01:10:27.400 --> 01:10:28.400]  Yeah.
[01:10:28.400 --> 01:10:29.400]  Let me see.
[01:10:29.400 --> 01:10:30.400]  I'll just...
[01:10:30.400 --> 01:10:31.400]  Okay.
[01:10:31.400 --> 01:10:32.400]  Okay.
[01:10:32.400 --> 01:10:36.880]  Okay, can you back up us and walk us down how that occurred?
[01:10:36.880 --> 01:10:39.680]  Who did what, when?
[01:10:39.680 --> 01:10:46.000]  Countrywide securitized it by sending it to the sponsor depositor and the trustee who
[01:10:46.000 --> 01:10:48.680]  was Wells Fargo.
[01:10:48.680 --> 01:10:59.920]  Now, when Wells Fargo had it, countrywide denies it to MERS and the assignment to MERS
[01:10:59.920 --> 01:11:03.800]  gets recorded as a change in the deed of trust.
[01:11:03.800 --> 01:11:04.800]  Okay.
[01:11:04.800 --> 01:11:05.800]  Hold on.
[01:11:05.800 --> 01:11:06.800]  Back up, back up.
[01:11:06.800 --> 01:11:07.800]  Okay.
[01:11:07.800 --> 01:11:08.800]  Wait a minute.
[01:11:08.800 --> 01:11:18.520]  We're talking about two transfers occurring essentially at the same time the same note.
[01:11:18.520 --> 01:11:23.800]  The note was negotiated into a Wells Fargo trust?
[01:11:23.800 --> 01:11:29.360]  Yeah, in 2006, in June.
[01:11:29.360 --> 01:11:30.360]  Okay.
[01:11:30.360 --> 01:11:34.400]  So, now Wells Fargo holds it.
[01:11:34.400 --> 01:11:39.520]  Who transferred it from Wells Fargo to MERS?
[01:11:39.520 --> 01:11:40.520]  Countrywide.
[01:11:40.520 --> 01:11:42.680]  They didn't transfer it from Wells Fargo.
[01:11:42.680 --> 01:11:43.680]  They transferred it...
[01:11:43.680 --> 01:11:49.840]  They're saying they transferred it from countrywide to MERS in January 2007.
[01:11:49.840 --> 01:11:50.840]  Yeah.
[01:11:50.840 --> 01:11:58.680]  Here's part of the problems they have with the securitization process and this is not
[01:11:58.680 --> 01:12:02.200]  a problem that we adjudicate.
[01:12:02.200 --> 01:12:09.320]  This problem causes issues that we can adjudicate is it goes to servicing.
[01:12:09.320 --> 01:12:18.040]  What they really were transferring was the servicing rights and they have to transfer
[01:12:18.040 --> 01:12:24.680]  the deed of trust in order for the servicer to have standing to demand payment.
[01:12:24.680 --> 01:12:34.840]  Well, if you've securitized the note, that doesn't work very well because whoever the
[01:12:34.840 --> 01:12:41.160]  servicer is would have to act under authority of who ever holds the note.
[01:12:41.160 --> 01:12:47.480]  The problem is they've securitized it, they don't really know who holds the note.
[01:12:47.480 --> 01:12:54.280]  So they transferred it to one entity and it's kind of floating around back and forth.
[01:12:54.280 --> 01:12:59.880]  They're selling tranches off of it or pieces of it back and forth between these trusts
[01:12:59.880 --> 01:13:10.280]  in order to maintain effective profit margin and to kind of control the dollar flow.
[01:13:10.280 --> 01:13:16.960]  If they have a trust that's not doing well, it's creating liability and they have a trust
[01:13:16.960 --> 01:13:23.960]  that's doing very well is creating a tax claim, then they want to move part of the one into
[01:13:23.960 --> 01:13:31.800]  the other to nullify the loss from the one trust and eliminate any taxes they have to
[01:13:31.800 --> 01:13:33.520]  pay from the other.
[01:13:33.520 --> 01:13:38.200]  So in doing that, they may sell 1% of 30,000 notes.
[01:13:38.200 --> 01:13:42.800]  Well, if they were up front about who the holder actually was, they'd have to file a
[01:13:42.800 --> 01:13:45.880]  notice in the record of each one of those.
[01:13:45.880 --> 01:13:51.880]  And if you've got 30,000 notes you just sold 1% on you, you're looking at $25 a pop to
[01:13:51.880 --> 01:13:57.560]  file them with the clerk not counting your employee time and getting it done.
[01:13:57.560 --> 01:13:59.720]  That cost becomes prohibitive.
[01:13:59.720 --> 01:14:05.200]  So they hide that behind transferring the deed of trust to someone else.
[01:14:05.200 --> 01:14:11.680]  But they didn't provide for that in the deed of trust or the mortgage.
[01:14:11.680 --> 01:14:17.360]  They should have rewritten the mortgage to provide for that, but they didn't.
[01:14:17.360 --> 01:14:26.320]  Right, so then after it was securitized again to another trust, so three more transfers
[01:14:26.320 --> 01:14:28.960]  with three more different types.
[01:14:28.960 --> 01:14:33.960]  Were any of those transfers noticed in the county record?
[01:14:33.960 --> 01:14:36.280]  No.
[01:14:36.280 --> 01:14:44.560]  So far as the county record was concerned, who was the holder of the claim?
[01:14:44.560 --> 01:14:48.320]  MERS, not as agent for anyone.
[01:14:48.320 --> 01:14:49.320]  MERS.
[01:14:49.320 --> 01:14:50.320]  Okay.
[01:14:50.320 --> 01:14:57.760]  Then MERS claimed to actually hold the note and you can show that MERS did not hold the
[01:14:57.760 --> 01:14:58.760]  note?
[01:14:58.760 --> 01:15:04.360]  Yeah, well, MERS claims it and they're just to Nebraska.
[01:15:04.360 --> 01:15:05.360]  Okay.
[01:15:05.360 --> 01:15:10.920]  What I suggest you do is you talk to Craig Watkins.
[01:15:10.920 --> 01:15:17.760]  Craig Watkins is a prosecuting attorney for Dallas County.
[01:15:17.760 --> 01:15:23.080]  He's the one that filed a civil action against MERS to collect all these filing fees they
[01:15:23.080 --> 01:15:29.160]  didn't file, but they're going to get hosed on that suit.
[01:15:29.160 --> 01:15:36.760]  You might talk to Craig Watkins and inform him that MERS has filed fraudulent documents
[01:15:36.760 --> 01:15:45.600]  in the county record, documents that are fraudulent as the definition of fraud is defined in Texas
[01:15:45.600 --> 01:15:55.320]  government code 51.901 and Craig Watkins would be very familiar with that statute.
[01:15:55.320 --> 01:16:01.920]  And in Texas there are a number of criminal accusations to make over executing a document
[01:16:01.920 --> 01:16:02.920]  by deception.
[01:16:02.920 --> 01:16:10.880]  That's 3248, tampering with a government document, 37.10.
[01:16:10.880 --> 01:16:19.400]  And there are a couple of statutes that are no longer reflected in the published code.
[01:16:19.400 --> 01:16:28.040]  It's in paragraph 10 that goes to these issues that have some very heavy felony criminal
[01:16:28.040 --> 01:16:36.240]  punishments to the minimum two, maximum five, minimum five, maximum 20 years for filing
[01:16:36.240 --> 01:16:39.240]  these kinds of documents.
[01:16:39.240 --> 01:16:41.520]  We'll talk about that when we come back on the other side.
[01:16:41.520 --> 01:16:46.080]  This is Randy Calhoun, Deborah Stevenson, Craig, Rula's Law Radio.
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[01:19:28.400 --> 01:19:35.400]  Okay, we are back, Randy Kelton, David Steven, Teddy Craig from Wheel of Law Radio, and Leslie,
[01:19:41.360 --> 01:19:48.360]  I've kind of drug you off your story by all this side information.
[01:19:49.880 --> 01:19:55.520]  Let's go back, I would like to know more about the specific claims that have been made in
[01:19:55.520 --> 01:19:59.520]  this particular case and what the results have been.
[01:19:59.520 --> 01:20:06.520]  Okay, well, after they had all, there's a total of six assignments that were not registered
[01:20:08.680 --> 01:20:11.200]  and two that were.
[01:20:11.200 --> 01:20:14.960]  One was to MERS and one was from MERS.
[01:20:14.960 --> 01:20:21.960]  Okay, now the thing with the assignment to MERS is that it claims no nominee.
[01:20:21.960 --> 01:20:28.960]  You know, all of these, the thing is it's nominee for, you know, mortgagee nominee for
[01:20:31.360 --> 01:20:38.360]  the blank lender, but this one was out now just like it was a back game.
[01:20:38.360 --> 01:20:45.360]  Now, when they did that, MERS has gotten exempted from filing as a bank in every single state
[01:20:45.360 --> 01:20:50.720]  because of Nebraska.
[01:20:50.720 --> 01:20:54.880]  When they wanted to do business in Nebraska, Nebraska wanted them to file as a bank.
[01:20:54.880 --> 01:20:57.640]  And they said, oh no, we're just about at database.
[01:20:57.640 --> 01:21:00.240]  We don't have any beneficial interest.
[01:21:00.240 --> 01:21:03.520]  And so they said, well, you're going to file anyway.
[01:21:03.520 --> 01:21:07.080]  Well, they took it to the appeals court and when they appealed it, MERS won.
[01:21:07.080 --> 01:21:12.800]  But when they did that, they had to file a brief and I happened to get a copy of it.
[01:21:12.800 --> 01:21:19.800]  In the brief, it says that they have no beneficial interest, that they never ever buy or sell
[01:21:20.280 --> 01:21:24.280]  mortgages, that they never ever file absolute rights.
[01:21:24.280 --> 01:21:29.280]  Okay, you know what the term for what that creates.
[01:21:29.280 --> 01:21:34.280]  There's a specific term, collateralist estoppel.
[01:21:34.280 --> 01:21:36.280]  Estoppel, right.
[01:21:36.280 --> 01:21:37.680]  Yes, they are.
[01:21:37.680 --> 01:21:44.680]  You cannot go into one court and take a position, then go into another court and take a diametrically
[01:21:46.520 --> 01:21:48.000]  opposed position.
[01:21:48.000 --> 01:21:54.080]  You are subject to, once you've taken one position, you're subject to collateral estoppel from
[01:21:54.080 --> 01:21:55.920]  taking another position.
[01:21:55.920 --> 01:21:56.920]  Correct.
[01:21:56.920 --> 01:22:02.800]  So when we put in for a summary judgment on this, she filed a quiet title and we put
[01:22:02.800 --> 01:22:05.200]  in for a summary judgment.
[01:22:05.200 --> 01:22:10.000]  And when I did this summary judgment, what I did is I asked a series of questions to
[01:22:10.000 --> 01:22:17.000]  the court to consider, like, are assignments of mortgage to and from MERS that are not consistent
[01:22:17.000 --> 01:22:24.720]  with the pleadings of MERS within the MERS brief to the Nebraska Appellate Court valid?
[01:22:24.720 --> 01:22:30.760]  And the suggesting answer, of course, is no, which means that nobody can assign this mortgage
[01:22:30.760 --> 01:22:35.760]  anymore because countrywide doesn't exist.
[01:22:35.760 --> 01:22:36.760]  Yeah.
[01:22:36.760 --> 01:22:39.560]  And, okay, countrywide doesn't exist.
[01:22:39.560 --> 01:22:46.120]  And since the assignments were not proper, then when countrywide went out of existence
[01:22:46.120 --> 01:22:53.920]  without having made a proper assignment of the or transfer of the claim being the D of
[01:22:53.920 --> 01:22:57.760]  trust, they abandoned the claim.
[01:22:57.760 --> 01:22:58.760]  Exactly.
[01:22:58.760 --> 01:23:03.600]  Then I asked, is the assignment of mortgage from a lender assigned in 2012 valid when
[01:23:03.600 --> 01:23:11.400]  the assigning lender has claimed or proven to have no interest since 2007?
[01:23:11.400 --> 01:23:16.800]  And do breaks in the chain of title of a recorded mortgage and assignments void the mortgage
[01:23:16.800 --> 01:23:23.120]  and assignments or closure and acceptable outcome for property securing a loan where
[01:23:23.120 --> 01:23:27.680]  the loan is current or being paid?
[01:23:27.680 --> 01:23:34.040]  Here's a coin, does the failure on the part of a lender to abide by the stipulations of
[01:23:34.040 --> 01:23:38.000]  a mortgage cause default on part of the lender?
[01:23:38.000 --> 01:23:46.680]  Now, that one we've talked about before with under paragraph 16 and paragraph 20 because
[01:23:46.680 --> 01:23:50.200]  of the way all these transfers are going on and nobody can notice.
[01:23:50.200 --> 01:23:51.200]  Okay.
[01:23:51.200 --> 01:23:52.200]  Hold on.
[01:23:52.200 --> 01:23:55.480]  Let me give you a little aside.
[01:23:55.480 --> 01:24:02.200]  I think it was last Friday, we had someone call in from Tennessee and his specific question
[01:24:02.200 --> 01:24:10.160]  was, do you have issues that go to contractual violations?
[01:24:10.160 --> 01:24:16.600]  And the reason he asked that is in Tennessee, the judges didn't want to hear about bifurcation
[01:24:16.600 --> 01:24:25.880]  of the note and securitization and all of that, they wanted to hear about contractual violations.
[01:24:25.880 --> 01:24:34.080]  What he said was, it appears as though the courts want to give us remedy and they're
[01:24:34.080 --> 01:24:39.640]  asking us to give them things they can use to give us remedy.
[01:24:39.640 --> 01:24:47.640]  And this is an argument we've been making recently is that the real claims to make or
[01:24:47.640 --> 01:24:52.920]  exactly what you've been doing is making contractual claims.
[01:24:52.920 --> 01:25:00.200]  Instead of claiming hope or tea to respa, we claim covenant 15 or 16, depending on which
[01:25:00.200 --> 01:25:06.040]  contract it is, the serviceability clause that requires that they abide by our law.
[01:25:06.040 --> 01:25:14.040]  So, instead of claiming hope or tea to respa, if it has such a short time to claim the remedy,
[01:25:14.040 --> 01:25:19.960]  we claim a breach of contract and breach of contract, a judge can give you a positive
[01:25:19.960 --> 01:25:28.320]  ruling and not change the legal world that he lives in because his issue is confined
[01:25:28.320 --> 01:25:35.960]  to this particular contract and before we get past this part, you're dealing in Texas.
[01:25:35.960 --> 01:25:56.840]  So, if you've got a pen right down, 51901-903, government code, property code 13.001 and
[01:25:56.840 --> 01:26:08.120]  business and commerce code, I think it's 2103.
[01:26:08.120 --> 01:26:12.840]  If you need that one, contact me after the show.
[01:26:12.840 --> 01:26:20.920]  You live in a mortgage state, in a judicial state.
[01:26:20.920 --> 01:26:33.080]  This is a nonjudicial state and Texas has a specific statute in the Texas civil torts
[01:26:33.080 --> 01:26:34.080]  and remedies.
[01:26:34.080 --> 01:26:35.080]  I believe that's the code.
[01:26:35.080 --> 01:26:37.080]  I'll have to recheck to make sure.
[01:26:37.080 --> 01:26:46.480]  I'm sorry, business and commerce code that specifically forbids a lender to require the
[01:26:46.480 --> 01:26:51.520]  borrower to transfer the property to the lender.
[01:26:51.520 --> 01:26:58.680]  Now, that is precisely what occurs in a mortgage state, in a judicial state.
[01:26:58.680 --> 01:27:05.000]  In a nonjudicial state, they are specifically forbidden to do that.
[01:27:05.000 --> 01:27:14.120]  It must legal title as opposed to equitable title, beneficiary gets equitable title, trustee
[01:27:14.120 --> 01:27:16.960]  gets legal title.
[01:27:16.960 --> 01:27:25.960]  In a mortgage state, the beneficiary gets both legal and equitable.
[01:27:25.960 --> 01:27:33.040]  It's a different here and that's a very important issue when it comes to MERS.
[01:27:33.040 --> 01:27:35.040]  Oh, yeah.
[01:27:35.040 --> 01:27:46.280]  So, one of the things that I've been doing is like in paragraph 16, when it says state
[01:27:46.280 --> 01:27:50.840]  and federal laws, what you don't realize and what went over my head for a couple weeks
[01:27:50.840 --> 01:27:58.680]  until it hit me between the eyes, was that when they transfer and use MERS, they violate
[01:27:58.680 --> 01:28:09.480]  TILA 15USD 1641G, which means every time they transfer that note, they have 30 days to the
[01:28:09.480 --> 01:28:12.880]  contact you with specific information.
[01:28:12.880 --> 01:28:15.560]  And failing to do that is a breach of contract.
[01:28:15.560 --> 01:28:21.920]  Not just a breaking of the TILA violence, not just the TILA, that's a breach of contract.
[01:28:21.920 --> 01:28:25.240]  So just using MERS is a breach of contract.
[01:28:25.240 --> 01:28:26.240]  Perfect.
[01:28:26.240 --> 01:28:27.240]  Perfect.
[01:28:27.240 --> 01:28:33.840]  Now, this is something that a judge can wrap his head around.
[01:28:33.840 --> 01:28:34.840]  Oh, okay.
[01:28:34.840 --> 01:28:40.000]  Let me back up to 51901903.
[01:28:40.000 --> 01:28:41.000]  Government code.
[01:28:41.000 --> 01:28:43.040]  We have that in Texas.
[01:28:43.040 --> 01:28:48.760]  Those statutes were put in as a reaction to the Republic of Texas.
[01:28:48.760 --> 01:28:54.520]  Republic of Texas is the first one that started this administrative process and began filing
[01:28:54.520 --> 01:28:57.400]  administrative liens.
[01:28:57.400 --> 01:29:09.560]  Well, 51903 is so incredibly unconstitutional that a decent challenge would get it tossed,
[01:29:09.560 --> 01:29:12.440]  but it hasn't had one yet.
[01:29:12.440 --> 01:29:22.360]  If you, under 51903, you can go to the court and ask for a declaratory judgment.
[01:29:22.360 --> 01:29:27.800]  And the declaratory judgment is had based on the pleadings alone.
[01:29:27.800 --> 01:29:28.920]  No oral argument.
[01:29:28.920 --> 01:29:32.280]  They don't even notify the other side.
[01:29:32.280 --> 01:29:38.200]  The judge looks at the paperwork and says, based on the four corners of these documents,
[01:29:38.200 --> 01:29:42.320]  this document is void and it's tossed.
[01:29:42.320 --> 01:29:45.760]  We'll talk about that when we come back on the other side, Randy Kelton, Denver Stevens,
[01:29:45.760 --> 01:29:54.000]  David Craig, Willis Law Radio, and when we come back, we're going to talk about our fundraiser.
[01:29:54.000 --> 01:29:56.640]  I forgot to talk about that earlier and I'm going to get it for that.
[01:29:56.640 --> 01:30:00.440]  We'll be right back.
[01:30:00.440 --> 01:30:01.440]  A noble lie.
[01:30:01.440 --> 01:30:07.160]  Oklahoma City, 1995 will change forever the way you look at the true nature of terrorism.
[01:30:07.160 --> 01:30:10.680]  Based on the damage patting to the building, but the government sends impossible.
[01:30:10.680 --> 01:30:14.400]  The grand jury did not want to hear anything I had to say.
[01:30:14.400 --> 01:30:18.160]  The decision was made not to pursue any more of those individuals.
[01:30:18.160 --> 01:30:22.880]  Some of these columns were ripped up, shredded, tossed around.
[01:30:22.880 --> 01:30:26.560]  The people that did the things they did knew doggone well what they were doing.
[01:30:26.560 --> 01:30:29.720]  Expose the cover up now at alobalive.com.
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[01:35:23.320 --> 01:35:34.160]  into a deal. So, Meris is claiming to be, that is a good issue because I've come across
[01:35:34.160 --> 01:35:42.000]  this and argued that Meris cannot be the original mortgagee. The original mortgagee is whoever
[01:35:42.000 --> 01:35:48.240]  the original mortgagee was and they're named. But if Meris claims to be the original mortgagee,
[01:35:48.240 --> 01:35:53.760]  then Meris claims to be a lender and you make a very good point. We're going to have to
[01:35:53.760 --> 01:35:55.520]  talk off air so I can...
[01:35:55.520 --> 01:36:03.120]  Yes, it's another problem too that nobody has really caught on to. Every single mortgage
[01:36:03.120 --> 01:36:10.360]  assignment from Meris, like Meris is a nominee for original mortgagee and they are going
[01:36:10.360 --> 01:36:14.800]  to sign it. Say somebody is going to go into foreclosure and the bank says, okay, let's
[01:36:14.800 --> 01:36:25.000]  go get Meris as nominee mortgagee for XYZ, the original lender, right? Assigns this
[01:36:25.000 --> 01:36:33.960]  mortgage to be a servicer, okay? Well, that's forgery because the original lender doesn't
[01:36:33.960 --> 01:36:44.480]  own it and the original lender has no idea, gave no authority or authorization or permission
[01:36:44.480 --> 01:36:50.800]  and has no knowledge of the assignment. And in Pennsylvania, that's forgery.
[01:36:50.800 --> 01:37:01.680]  There's another issue. There's another clause in there that says the successors or assigns.
[01:37:01.680 --> 01:37:10.560]  And based on that, Meris claims to automatically be the agent for the successor or assigns.
[01:37:10.560 --> 01:37:17.320]  But in Texas, we have a case and I don't have the name of it on the tip of my tongue, but
[01:37:17.320 --> 01:37:23.040]  it happens to be out of the... I live in a tiny town. We have a red light now and now
[01:37:23.040 --> 01:37:29.800]  we've got two red lights now. We're big time. I live downtown next to City Hall. The guy
[01:37:29.800 --> 01:37:34.080]  across the street from me, he lives out in the country, but I live downtown. And this
[01:37:34.080 --> 01:37:43.640]  case is out of this town, Boyd, Texas. And it is where Meris made a transfer from one
[01:37:43.640 --> 01:37:51.000]  entity to another and then subsequently made another transfer. And the court said the first
[01:37:51.000 --> 01:37:56.760]  one they could make, but they couldn't make the second one because their principal for
[01:37:56.760 --> 01:38:05.040]  whom they were acting as agent no longer was a holder. So I can get you that case.
[01:38:05.040 --> 01:38:12.480]  Well, it's not just that. If they were agent nominees for a lender, they would have to
[01:38:12.480 --> 01:38:20.000]  put the name of that lender. Instead of saying, for instance, if Wells Fargo was the original
[01:38:20.000 --> 01:38:30.480]  lender and the person that owned it was Chase Bank, they would have to say Meris as nominee
[01:38:30.480 --> 01:38:34.120]  mortgagee for Chase Bank, not for Wells Fargo.
[01:38:34.120 --> 01:38:43.520]  Yeah, they would have to have Meris as attorney in fact, but Meris is a legal fiction. A legal
[01:38:43.520 --> 01:38:52.800]  fiction can't be an attorney, in fact. A human being has to be an attorney, in fact. If you
[01:38:52.800 --> 01:39:00.400]  look at the affirmations on these documents, you'll see that Stephen Cohen or something,
[01:39:00.400 --> 01:39:06.680]  there's one guy that's real common here in Texas, signs as attorney, in fact, for whatever
[01:39:06.680 --> 01:39:16.320]  company. Your point there is very well taken. If Meris is acting as an agent for a principal,
[01:39:16.320 --> 01:39:23.720]  Meris could only act as attorney, in fact, and not, but instead Meris is acting as the
[01:39:23.720 --> 01:39:29.800]  principal itself. And it's doing that because they really don't know who the principal is.
[01:39:29.800 --> 01:39:37.080]  Yeah. So that is... When they say that they're like Meris as agent for Wells Fargo and Wells
[01:39:37.080 --> 01:39:43.640]  Fargo doesn't own it, and Meris doesn't even know what's going on with that mortgage, that's
[01:39:43.640 --> 01:39:48.600]  forgery because Wells Fargo's name is being used and they gave no permission for that.
[01:39:48.600 --> 01:39:58.880]  Yeah, in Texas, that's 3710 penal code, 3248 penal code. The executing and securing a document
[01:39:58.880 --> 01:40:06.680]  by deception, tampering with a government document, both of which can be felonies depending
[01:40:06.680 --> 01:40:13.120]  on the size of the note, most likely are felonies based on the size of the note. Oh, one other
[01:40:13.120 --> 01:40:20.520]  statute for Texas you might find interesting. If you're moving this case along, you might
[01:40:20.520 --> 01:40:32.400]  send a notice to the whoever signed a document that did a fraudulent transfer and requested
[01:40:32.400 --> 01:40:43.200]  that that person remove that document from the record. 32.49 Texas penal code. This is
[01:40:43.200 --> 01:40:50.640]  another statute that was put in because of Republic of Texas that allowed them to do
[01:40:50.640 --> 01:40:58.760]  something special. In this case, if you direct someone to remove a document, that is fraudulent.
[01:40:58.760 --> 01:41:12.480]  Fraudulent as defined by 51.901B2C2B government code. It defines what a document is. What
[01:41:12.480 --> 01:41:19.200]  a fraudulent document is. A fraudulent document is in the county record, is a document that
[01:41:19.200 --> 01:41:26.800]  is filed without specific authority. Where no one with demonstrable authority from the
[01:41:26.800 --> 01:41:34.080]  record has granted you authority to make this filing, then the document is presumed to be
[01:41:34.080 --> 01:41:44.000]  fraudulent. And that's a very less restrictive definition of fraud than the normal requirements
[01:41:44.000 --> 01:41:51.000]  for asserting fraud. We're not asserting that someone committed fraud. We're asserting that
[01:41:51.000 --> 01:41:58.320]  this document, by the definition contained in this statute, is presumed fraudulent on
[01:41:58.320 --> 01:42:07.560]  its face. If under 32.49 you request someone remove that document and they fail to do so
[01:42:07.560 --> 01:42:20.960]  within 21 days, well, that's a classic misdemeanor. Oh, you could have so much fun with that one.
[01:42:20.960 --> 01:42:27.560]  Well, we have currently three quiet titles, summary judgments in the works that we're
[01:42:27.560 --> 01:42:34.560]  waiting for decisions on. Is this in Texas? No, two are in Pennsylvania, one in Texas.
[01:42:34.560 --> 01:42:39.800]  Okay, the one in Texas. What the lawyers were saying, we have some lawyers in Austin
[01:42:39.800 --> 01:42:49.000]  filing these, is that the judges are sitting on them not making the rulings. So, give the
[01:42:49.000 --> 01:42:58.960]  judge 30 days or so, and then file a motion to render a ruling in the case. I'd have to
[01:42:58.960 --> 01:43:04.440]  look at exactly how to do that. But if the court doesn't file the motion, doesn't give
[01:43:04.440 --> 01:43:10.360]  you a ruling, then you can petition the court of appeals for a mandamus ordering the court
[01:43:10.360 --> 01:43:16.280]  to issue the ruling. Because the way they're handling these, where they don't want to rule
[01:43:16.280 --> 01:43:23.880]  against the banks, has paid them off, is they just don't do anything. And I'm looking at
[01:43:23.880 --> 01:43:32.880]  filing misreasons in office, where the judge just sits on something and doesn't act, because
[01:43:32.880 --> 01:43:38.560]  that's an act of official oppression, because he denies you in your remedy. Hang on, we
[01:43:38.560 --> 01:43:42.920]  will be right back. This is Randy Kelton, Debbie Steven, Debbie Craig, rule of law
[01:43:42.920 --> 01:43:51.520]  review, our call in number 512-646-1984. We are having fun this Friday night. We'll be
[01:43:51.520 --> 01:44:05.040]  right back. It is so enlightening to listen to 90.1 FM, but finding things on the Internet
[01:44:05.040 --> 01:44:10.000]  isn't so easy, and neither is finding like-minded people to share it with. Oh, well, I guess
[01:44:10.000 --> 01:44:15.120]  you haven't heard of Brave New Books, then. Brave New Books? Yes, Brave New Books has all
[01:44:15.120 --> 01:44:20.000]  the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward
[01:44:20.000 --> 01:44:25.120]  Griffin. They even stock Interfood, Berkey products, and Calvin Soaps. There's no way
[01:44:25.120 --> 01:44:30.440]  a place like that exists. Go check it out for yourself. It's downtown at 1904 Guadalupe
[01:44:30.440 --> 01:44:36.520]  Street, just south of UT. Oh, by UT? There's never anywhere to park down there. Actually,
[01:44:36.520 --> 01:44:41.960]  they now offer a free hour of parking for paying customers at the 500 MLK parking facility
[01:44:41.960 --> 01:44:48.560]  just behind the bookstore. It does exist, but when are they open? Monday through Saturday,
[01:44:48.560 --> 01:44:56.200]  11 AM to 9 PM, and 1 to 6 PM on Sundays. So give them a call at 512-480-2503, or check
[01:44:56.200 --> 01:45:04.400]  out their events page at bravenewbookstore.com. Are you the plaintiff or defendant in a lawsuit?
[01:45:04.400 --> 01:45:11.160]  In your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
[01:45:11.160 --> 01:45:17.840]  that will show you how in 24 hours, step-by-step. If you have a lawyer, know what your lawyer
[01:45:17.840 --> 01:45:23.640]  should be doing. If you don't have a lawyer, know what you should do for yourself. Thousands
[01:45:23.640 --> 01:45:29.600]  have won with our step-by-step course, and now you can too. Jurisdictionary was created
[01:45:29.600 --> 01:45:36.640]  by a licensed attorney with 22 years of case-winning experience. Even if you're not in a lawsuit,
[01:45:36.640 --> 01:45:41.680]  you can learn what everyone should understand about the principles and practices that control
[01:45:41.680 --> 01:45:48.280]  our American courts. You'll receive our audio classroom, video seminar, tutorials, forms
[01:45:48.280 --> 01:45:55.560]  for civil cases, prosa tactics, and much more. Please visit ruleoflawradio.com and click
[01:45:55.560 --> 01:46:02.560]  on the banner or call toll-free 866-LAW-E-Z.
[01:46:25.560 --> 01:46:41.560]  As we sow, so shall we reap. The words of nutritious prosa, many crucial words
[01:46:41.560 --> 01:46:57.560]  that are put on hold by God. If I can call a judge, I can see that my steps are giant. But
[01:46:57.560 --> 01:47:05.560]  what goes are wrong points, so as we sow, so shall we reap.
[01:47:05.560 --> 01:47:22.920]  Okay, we are back. Randy Kelton, dirty Stevens, Eddie Craig, rule of law radio, and back
[01:47:22.920 --> 01:47:32.280]  to our fundraiser. My producer just called me and she's listening to us on her radio
[01:47:32.280 --> 01:47:40.680]  as she's driving around at Deborah. And I'm getting feedback. If you hear my sound not
[01:47:40.680 --> 01:47:46.320]  right, I'm doing the show so I can't hear what's going out on the air. It actually goes
[01:47:46.320 --> 01:47:51.320]  out a little bit delayed. If I don't sound right, let me know. There are some adjustments
[01:47:51.320 --> 01:47:58.800]  I could make in here to compensate for it. Once we get our equipment upgraded, we won't
[01:47:58.800 --> 01:48:05.600]  have this problem as much and Deborah is real particular about us having good quality sound.
[01:48:05.600 --> 01:48:11.920]  So if I ever don't sound right, like in this instance where the callers were feeding back
[01:48:11.920 --> 01:48:16.920]  through my system back over the air, so if you ever hear something like that, let me
[01:48:16.920 --> 01:48:24.880]  know in case we don't catch it here in the studio, then we don't always hear exactly
[01:48:24.880 --> 01:48:32.000]  what's going out. We test it, that's what our producer does. But if it's in between
[01:48:32.000 --> 01:48:36.560]  tests or something, if you hear some sound issues, let us know so we can keep on top
[01:48:36.560 --> 01:48:42.520]  of those things until we get our new equipment in with all of those massive amounts of donations
[01:48:42.520 --> 01:48:49.360]  you're going to be sending us. Okay. With that said, back to Leslie in Pennsylvania.
[01:48:49.360 --> 01:48:58.920]  Okay, Leslie. I've got a question. Go ahead. I have a couple of questions. With the two
[01:48:58.920 --> 01:49:08.400]  here we have in Pennsylvania, it has been a month since the defendants have received
[01:49:08.400 --> 01:49:18.200]  the complaint, the motion for some of the judgments. Since they've been served? Since
[01:49:18.200 --> 01:49:26.480]  they've been served. And on mine, they did respond and put in a counter motion which
[01:49:26.480 --> 01:49:32.280]  I responded, but the time has all been expired now that nobody's sending in more papers.
[01:49:32.280 --> 01:49:41.880]  How long should we wait before we pursue anything more to get an answer from the judge? I mean,
[01:49:41.880 --> 01:49:53.000]  well, it depends on what your issue is. If the delay works to your favor, I would certainly
[01:49:53.000 --> 01:49:58.960]  say nothing. But if you expect the ruling in your favor or you need the ruling so you
[01:49:58.960 --> 01:50:06.040]  can move to something else, I wouldn't wait any longer than 30 days. That's a reasonable
[01:50:06.040 --> 01:50:07.720]  amount of time.
[01:50:07.720 --> 01:50:15.160]  If we don't need it, but it's up there until they make a decision. Yeah. If you're living
[01:50:15.160 --> 01:50:25.880]  in the property and the adjudication of the case is not moving ahead, then time is in
[01:50:25.880 --> 01:50:26.880]  your favor.
[01:50:26.880 --> 01:50:38.720]  If the judge wants to sit on it until everybody gets old, works for me.
[01:50:38.720 --> 01:50:44.560]  I had a lawyer friend tell me he had one case that lasted over 20 years in foreclosure.
[01:50:44.560 --> 01:50:54.120]  Yeah. We had a woman calling in. She had been in foreclosure for 18 years and she was running
[01:50:54.120 --> 01:51:01.000]  out of options. She came to us for some more options. I thought that was wonderful.
[01:51:01.000 --> 01:51:08.240]  Yeah. Oh, boy. Okay. I was just wondering about that, you know, whether there was anything
[01:51:08.240 --> 01:51:10.800]  more we should do. Just let it go.
[01:51:10.800 --> 01:51:18.880]  Yeah. Only if you need the adjudication for some other purpose. Otherwise, the delay hurts
[01:51:18.880 --> 01:51:20.480]  the bank, not you.
[01:51:20.480 --> 01:51:27.720]  Yeah. Really. Because you know what also I noticed? Well, my credit report says everything's
[01:51:27.720 --> 01:51:28.720]  current.
[01:51:28.720 --> 01:51:29.720]  Wonderful.
[01:51:29.720 --> 01:51:37.840]  Well, good. I would certainly leave it that way. Do you have any other...
[01:51:37.840 --> 01:51:44.280]  No. I just wanted to bring those cases, you know, that one situation up because I thought
[01:51:44.280 --> 01:51:45.760]  that was really different.
[01:51:45.760 --> 01:51:48.440]  Okay. And you said they haven't responded.
[01:51:48.440 --> 01:51:54.800]  Pardon? When was the answer due?
[01:51:54.800 --> 01:51:55.800]  January 3rd.
[01:51:55.800 --> 01:52:04.160]  Oh, okay. So you could move for default judgment immediately, but they would just deny it.
[01:52:04.160 --> 01:52:05.160]  Yeah.
[01:52:05.160 --> 01:52:14.360]  They frown on default judgment. The courts are not... 75% of all default judgments get
[01:52:14.360 --> 01:52:23.040]  returned. And that's because the court does not want to deny someone their remedy over
[01:52:23.040 --> 01:52:31.800]  a excusable error. And the courts realize that law firms are busy places and sometimes
[01:52:31.800 --> 01:52:40.320]  something falls through the cracks. And if it were your case and your lawyer missed dotting
[01:52:40.320 --> 01:52:48.560]  an I or crossing a T, you would not want to lose all access to remedy because of a clerical
[01:52:48.560 --> 01:52:55.760]  or technical error. And so the courts are reluctant to deny somebody their remedy over
[01:52:55.760 --> 01:53:02.960]  a minor error. It's fair for one side. It's fair for both. And they tend to extend that
[01:53:02.960 --> 01:53:08.320]  to both sides because if it gets to the appeals court, the appeals court is going to go to
[01:53:08.320 --> 01:53:16.840]  justice for the most part and overturn these default judgments. Now, however, if you say
[01:53:16.840 --> 01:53:25.480]  nothing, and if somebody actually has goofed up and put the file on the wrong desk, the
[01:53:25.480 --> 01:53:35.600]  law firm has a requirement to so conduct their business to avoid error, give them an extra
[01:53:35.600 --> 01:53:45.960]  20, 30 days. July to February 3rd, when you go and move for default judgment, that's a
[01:53:45.960 --> 01:53:52.320]  whole other animal. And the court, the court's going to look at that. Now you're looking
[01:53:52.320 --> 01:54:00.320]  at a court saying, oh, so you don't have enough respect for this court that you feel you don't
[01:54:00.320 --> 01:54:09.280]  feel like you have to answer a case in this court. See how that works out for you, bubba.
[01:54:09.280 --> 01:54:16.600]  Point is, appear to be reasonable. Give them extra time. You're more likely to get your
[01:54:16.600 --> 01:54:17.600]  default.
[01:54:17.600 --> 01:54:21.320]  That's a good thing to know.
[01:54:21.320 --> 01:54:27.600]  We had one where the judge actually in a hearing said to the other side, counselor, you had
[01:54:27.600 --> 01:54:34.640]  an extra 30 days. What was your problem? Well, your honor, it got misplaced, bubba, bubba.
[01:54:34.640 --> 01:54:40.240]  You can't come to me and tell me you misplaced my case. If you don't consider this important
[01:54:40.240 --> 01:54:44.920]  enough to adjudicate, I'm just going to grant this default. Well, the lawyer argued him
[01:54:44.920 --> 01:54:53.520]  out of it, but he really worked over the lawyer. And it appeared as though the lawyer and the
[01:54:53.520 --> 01:54:58.000]  judge were good buddies, so he just kind of beat up the lawyer. But if he hadn't been
[01:54:58.000 --> 01:55:04.000]  good buddies, good chance he would have lost that one. Now, when they go to the appeals
[01:55:04.000 --> 01:55:12.840]  court, most of them would be overturned, but they have to pay for it. If they get a default,
[01:55:12.840 --> 01:55:17.520]  if you get the default and they get it overturned in a higher court, they have to pay for the
[01:55:17.520 --> 01:55:26.640]  adjudication cost, unless they can show that the default wasn't an error on their part.
[01:55:26.640 --> 01:55:36.360]  If the judge grants them excusable error, then they pay for the time. If it's no fault
[01:55:36.360 --> 01:55:45.480]  of yours and you have to adjudicate this, then they have to pay for it. There is some benefit,
[01:55:45.480 --> 01:55:51.440]  if however minor, but if we're adjudicating for time, that's okay. It takes more time.
[01:55:51.440 --> 01:56:00.600]  I'll talk all these. A default judgment is an interlocutory issue. It's dispositive.
[01:56:00.600 --> 01:56:06.720]  So if they rule against it, then that's something you can file an interlocutory appeal on and
[01:56:06.720 --> 01:56:13.320]  stop the works in their tracks and run out the interlocutory appeal, which will take
[01:56:13.320 --> 01:56:20.320]  quite a while. Keep it in court. Maybe we can keep it in there for 20 years.
[01:56:20.320 --> 01:56:21.320]  Okay.
[01:56:21.320 --> 01:56:32.840]  Yeah. And I had someone in Colorado saying, you know, that this was really getting difficult,
[01:56:32.840 --> 01:56:38.320]  this constant court back and forth. And I said, wait a minute, hold on here. How much
[01:56:38.320 --> 01:56:46.320]  of your time do you actually spend on this? And how much is your time worth? If not for
[01:56:46.320 --> 01:56:54.560]  this, how much would you be paying on this property every month? And how many hours a
[01:56:54.560 --> 01:57:00.440]  month would that buy you? And she thought about it a minute and she said, you have a
[01:57:00.440 --> 01:57:07.680]  good point there. My time is well paid for. So if we can use this to stall them and we
[01:57:07.680 --> 01:57:15.720]  have to deal with it every month or so, or even twice a month, well, we're pretty well
[01:57:15.720 --> 01:57:19.760]  paid. We're probably as paid as well as the lawyer.
[01:57:19.760 --> 01:57:20.760]  Okay.
[01:57:20.760 --> 01:57:27.880]  Well, you know, that's another thing. I found on one of the banker's websites, there was
[01:57:27.880 --> 01:57:36.560]  a some kind of report that was out. And inside this report was a schedule of fees and what
[01:57:36.560 --> 01:57:46.960]  they charge their customers, what the lawyers charge the banks. And something like $28,000
[01:57:46.960 --> 01:57:48.760]  for a motion practice?
[01:57:48.760 --> 01:57:55.680]  No, not that much. They generally charge $200,000 to $300,000 depending on how big the law
[01:57:55.680 --> 01:58:00.400]  firm is, but not $28,000. That would make it impossible to adjudicate.
[01:58:00.400 --> 01:58:10.880]  They charge me $28,000. Well, that's with the whole case, not just for a motion or something.
[01:58:10.880 --> 01:58:14.880]  But and then they had like a to get to a summary judgment like $85,000.
[01:58:14.880 --> 01:58:23.240]  Oh, that can't be right. That can't be right. That's absolutely outrageous. Hang on. We're
[01:58:23.240 --> 01:58:30.240]  about to go to break. This is Randy Kelton, Deb Stephen, David Craig, Rudula Radio, and
[01:58:30.240 --> 01:58:35.720]  I actually caught myself saying, uh, on the air. If I was a Toastmasters, they would be
[01:58:35.720 --> 01:58:50.360]  beeping me like crazy. Randy Kelton, David Stephen, David Craig, we'll be right back.
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