ROL_2013-01-18_16k_Hr3-4.timecode

[00:00.000 --> 00:06.000]  Did you know the majority of businesses in the U.S. are family owned?
[00:06.000 --> 00:11.000]  We're not just talking mom and pop stores, but companies at the very top of the corporate ladder.
[00:11.000 --> 00:15.000]  I'm Dr. Catherine Albrecht, back with the Top Family Businesses, next.
[00:15.000 --> 00:21.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[00:21.000 --> 00:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.000 --> 00:31.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[00:31.000 --> 00:34.000]  Privacy. It's worth hanging on to.
[00:34.000 --> 00:41.000]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[00:41.000 --> 00:45.000]  Start over with StartPage.
[00:45.000 --> 00:48.000]  When it comes to business, blood and money really do mix.
[00:48.000 --> 00:52.000]  A whopping 8 out of 10 American businesses are family owned.
[00:52.000 --> 00:58.000]  They contribute nearly 60% of the nation's economy and employ nearly two thirds of the U.S. workforce.
[00:58.000 --> 01:03.000]  Many of the firms in the S&P 500 are family controlled and they're doing great.
[01:03.000 --> 01:07.000]  They're more stable and they inspire more commitment and trust in their employees.
[01:07.000 --> 01:11.000]  The biggest family owned business is Surprise Walmart.
[01:11.000 --> 01:18.000]  Next comes Ford, Cargill, Koch Industries, Carlson Companies, Comcast, and News Corp.
[01:18.000 --> 01:21.000]  Rounding out the top 10 is the sweetest of them all, Mars.
[01:21.000 --> 01:23.000]  M&M's anyone?
[01:23.000 --> 01:28.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:33.000 --> 01:37.000]  Giving thanks isn't just good manners or something to do when Thanksgiving.
[01:37.000 --> 01:41.000]  New research suggests gratitude is actually good for your health.
[01:41.000 --> 01:46.000]  I'm Dr. Catherine Albrecht. Back to explain the benefits of a heartfelt thank you in a moment.
[01:46.000 --> 01:52.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:52.000 --> 01:57.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:57.000 --> 02:02.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[02:02.000 --> 02:05.000]  Privacy, it's worth hanging on to.
[02:05.000 --> 02:12.000]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[02:12.000 --> 02:15.000]  Start over with StartPage.
[02:15.000 --> 02:22.000]  Thank you. They're just two simple words, but new research suggests gratitude not only improves your social life,
[02:22.000 --> 02:27.000]  it actually reduces stress and produces tangible physical and mental benefits.
[02:27.000 --> 02:32.000]  Studies looked at heart attack patients and found that those who became more appreciative of life
[02:32.000 --> 02:35.000]  actually reduced their risk of suffering another attack.
[02:35.000 --> 02:38.000]  The same went for patients with neuromuscular disorders.
[02:38.000 --> 02:43.000]  Those who jotted down five things they were grateful for slept better and had less discomfort,
[02:43.000 --> 02:46.000]  and the patients who wrote down five daily hassles.
[02:46.000 --> 02:50.000]  So let's all focus on the positive and show a little more gratitude.
[02:50.000 --> 02:53.000]  Oh, and thank you for listening. I really appreciate it.
[02:53.000 --> 03:18.000]  Contact your Catherine Albrecht for StartPage.com, the world's most private search engine.
[03:18.000 --> 03:23.000]  Well, I received my remedy today.
[03:23.000 --> 03:26.000]  Came in a box just like a pig.
[03:26.000 --> 03:28.000]  Okay, we are back.
[03:28.000 --> 03:34.000]  Lane DeCalt and Debbie Stevens, Eddie Craig with the Law Radio.
[03:34.000 --> 03:38.000]  And we're talking to Mark Nejulius in Texas.
[03:38.000 --> 03:40.000]  Okay.
[03:40.000 --> 03:49.000]  Well, you haven't filed a judicial complaint, you haven't filed bar grievances against the lawyer either.
[03:49.000 --> 03:54.000]  Julius, I suggest you go, wait a minute, I thought you had you reply, hold on a minute.
[03:54.000 --> 03:56.000]  Okay, gotcha.
[03:56.000 --> 04:08.000]  I suggest you go to barbarians.net and click on the American Bar Association Standards for the Prosecutor's Function.
[04:08.000 --> 04:12.000]  And kind of walk through those standards.
[04:12.000 --> 04:15.000]  You will like what you see.
[04:15.000 --> 04:19.000]  And if you see one that fits, click on it.
[04:19.000 --> 04:27.000]  Because when you get to the standard and you click on it, it'll pop up an input box.
[04:27.000 --> 04:47.000]  And actively, as a default, I put in there a proactive statement accusing the lawyer of doing what the standard forbids them to do or failing to do what they're required to do.
[04:47.000 --> 04:51.000]  The lawyer failed to do so and so as follows.
[04:51.000 --> 04:57.000]  That when you fill in the rest, it will be written in the verbiage of the standard.
[04:57.000 --> 05:07.000]  I don't have it programmed in yet, so you just type that out and then select the whole thing and copy and drop it in your complaint.
[05:07.000 --> 05:10.000]  Then you have it written actually in the verbiage.
[05:10.000 --> 05:18.000]  I don't quote the actual standard, although I probably could with the prosecutor's function.
[05:18.000 --> 05:34.000]  Because I have found no state that actually has standards with the prosecutor's function as separate from their adoption of the American Bar Association Standards.
[05:34.000 --> 05:41.000]  They seem to have only accepted the American Bar Association Standards and not the standards with the prosecutor's function.
[05:41.000 --> 05:43.000]  But we can still claim it under that.
[05:43.000 --> 05:49.000]  The bar defined it as unethical, we can claim it as unethical.
[05:49.000 --> 05:59.000]  And Hammerham, because have you talked to Mike Handel about the lawyer who wouldn't give Mike his name because he was the prosecutor?
[05:59.000 --> 06:04.000]  Because he was afraid Mike would bargrade him?
[06:04.000 --> 06:06.000]  That's a great story.
[06:06.000 --> 06:12.000]  And it was a city of Austin municipal prosecutor.
[06:12.000 --> 06:19.000]  And now the second portion of my deal, which I'll just tell you briefly, you're going to love that even more.
[06:19.000 --> 06:28.000]  The prosecutor and the cop secreted the charge against me because the cop really didn't know what to charge me with in this incident.
[06:28.000 --> 06:33.000]  He picked impeding traffic, but I picked this up in the jury trial.
[06:33.000 --> 06:36.000]  He was a motorcycle cop on highways at Turnpikes.
[06:36.000 --> 06:45.000]  Well, impeding traffic, when I finally got the code home at night, I said, oh, that's what these monkeys were up to.
[06:45.000 --> 06:56.000]  There's a B portion of the statute they never disclosed to me at trial, which clearly states that it's a highway or turnpike issue.
[06:56.000 --> 06:59.000]  And not a downtown stop issue, which I was stopped.
[06:59.000 --> 07:03.000]  So they charged me with absolutely the wrong law.
[07:03.000 --> 07:05.000]  And they try to make it stick.
[07:05.000 --> 07:08.000]  So they secreted the charge.
[07:08.000 --> 07:11.000]  I put that in my appellate brief too.
[07:11.000 --> 07:12.000]  I put that in my.
[07:12.000 --> 07:14.000]  Oh, wonderful.
[07:14.000 --> 07:15.000]  Wonderful.
[07:15.000 --> 07:18.000]  It'll be interesting to see how this one works out.
[07:18.000 --> 07:19.000]  Yeah.
[07:19.000 --> 07:20.000]  Okay.
[07:20.000 --> 07:21.000]  Thank you, Julius.
[07:21.000 --> 07:22.000]  We got some calls stacking up.
[07:22.000 --> 07:24.000]  I really need to move along.
[07:24.000 --> 07:25.000]  All right.
[07:25.000 --> 07:27.000]  Keep us up to date.
[07:27.000 --> 07:29.000]  And hammer all your ring boys.
[07:29.000 --> 07:32.000]  See if we can't get rid of him and a couple of those others.
[07:32.000 --> 07:35.000]  Maybe we'll get the rest of them to tension.
[07:35.000 --> 07:36.000]  Absolutely.
[07:36.000 --> 07:37.000]  Okay.
[07:37.000 --> 07:38.000]  Thank you, Julius.
[07:38.000 --> 07:39.000]  Okay.
[07:39.000 --> 07:42.000]  We're going to go now to Kim in Texas.
[07:42.000 --> 07:43.000]  Hi.
[07:43.000 --> 07:45.000]  Thank you very much for taking my call.
[07:45.000 --> 07:46.000]  Hello, Kim.
[07:46.000 --> 07:48.000]  What do you have for us today?
[07:48.000 --> 07:52.000]  I have a lawyer that I hired to for my disability.
[07:52.000 --> 07:54.000]  Well, I had a lawyer first.
[07:54.000 --> 07:58.000]  Let me say that they had a lawyer that did my social security, which I never meant to.
[07:58.000 --> 08:02.000]  I never thought I'd have to file because I'd taken out disability insurance, but needless
[08:02.000 --> 08:03.000]  to say she...
[08:03.000 --> 08:04.000]  Wait a minute.
[08:04.000 --> 08:05.000]  Wait a minute.
[08:05.000 --> 08:09.000]  You're talking like I know what you're talking about.
[08:09.000 --> 08:10.000]  Okay.
[08:10.000 --> 08:11.000]  Okay.
[08:11.000 --> 08:16.000]  I was heard at work and I had to stop working.
[08:16.000 --> 08:23.000]  And I had to hire a lawyer to try to...because my disability insurance would not pay me.
[08:23.000 --> 08:26.000]  They said I was able to work and I wasn't.
[08:26.000 --> 08:28.000]  And at first she got me the money.
[08:28.000 --> 08:33.000]  The insurance company quit paying me after so long saying I was able to go back to work.
[08:33.000 --> 08:35.000]  She referred me to another lawyer.
[08:35.000 --> 08:37.000]  I went to the lawyer.
[08:37.000 --> 08:38.000]  I had a...
[08:38.000 --> 08:39.000]  Hold on.
[08:39.000 --> 08:40.000]  Hold on.
[08:40.000 --> 08:41.000]  She...
[08:41.000 --> 08:42.000]  Yes.
[08:42.000 --> 08:45.000]  My lawyer, one of my lawyers, he got the disability for me.
[08:45.000 --> 08:46.000]  Okay.
[08:46.000 --> 08:47.000]  Social security.
[08:47.000 --> 08:53.000]  And she had gotten me by writing letters the first time around with my disability insurance
[08:53.000 --> 08:58.000]  gotten them to pay me my policy, which, you know, was great.
[08:58.000 --> 08:59.000]  But then after...
[08:59.000 --> 09:00.000]  Okay.
[09:00.000 --> 09:01.000]  Okay.
[09:01.000 --> 09:02.000]  Wait a minute.
[09:02.000 --> 09:03.000]  Wait a minute.
[09:03.000 --> 09:04.000]  Wait a minute.
[09:04.000 --> 09:05.000]  This story could go on for quite a while.
[09:05.000 --> 09:06.000]  What is your question?
[09:06.000 --> 09:07.000]  Okay.
[09:07.000 --> 09:13.200]  My question is I had a lawyer that I paid...I went to see...he said I had to end up calling
[09:13.200 --> 09:18.880]  another lawyer to get him to return my calls because he had quit the law firm without telling
[09:18.880 --> 09:21.120]  me he had quit the law firm.
[09:21.120 --> 09:26.360]  And so I had to call another lawyer to call over there to get him to even call me back
[09:26.360 --> 09:27.720]  or to call them back.
[09:27.720 --> 09:28.720]  Okay.
[09:28.720 --> 09:33.640]  He said he had only thing he had done is back some papers and he also told me he had
[09:33.640 --> 09:38.160]  never turned in any billing on my case.
[09:38.160 --> 09:40.800]  And so I asked them twice for a bill.
[09:40.800 --> 09:42.120]  They didn't have it.
[09:42.120 --> 09:43.120]  Okay.
[09:43.120 --> 09:49.120]  And I asked them, you know, I said, he told me he had never turned in any hours to you.
[09:49.120 --> 09:52.120]  You know, in my Texas...
[09:52.120 --> 09:53.120]  Okay.
[09:53.120 --> 09:54.120]  Hold on.
[09:54.120 --> 09:55.120]  Hold on.
[09:55.120 --> 09:57.120]  You still haven't got to your question.
[09:57.120 --> 09:58.120]  Okay.
[09:58.120 --> 10:02.560]  My question is what can I do because they took my money and won't give me an invoice of anything
[10:02.560 --> 10:03.560]  they did.
[10:03.560 --> 10:04.560]  They can't...
[10:04.560 --> 10:05.560]  Oh.
[10:05.560 --> 10:06.560]  Even...
[10:06.560 --> 10:07.560]  And I wrote them a check.
[10:07.560 --> 10:08.560]  I said, okay.
[10:08.560 --> 10:14.800]  I'll pay you for the time that the consulting fee, which he told me was free for an hour
[10:14.800 --> 10:15.800]  of it.
[10:15.800 --> 10:22.880]  And on the bottom of the check, do not cash this check until my three hours is refunded
[10:22.880 --> 10:29.560]  that Texas Prepaid Legal paid you because they didn't do anything.
[10:29.560 --> 10:30.560]  Okay.
[10:30.560 --> 10:31.560]  This is...
[10:31.560 --> 10:40.560]  The first thing to do is go to bargreaves.net, click on American Bar Association Model Standards.
[10:40.560 --> 10:41.560]  Okay.
[10:41.560 --> 10:46.080]  And look through the category, how the lawyer dealt with you is probably where it's going
[10:46.080 --> 10:47.800]  to be in rule one.
[10:47.800 --> 10:50.080]  Rule one is by far the biggest.
[10:50.080 --> 10:51.080]  Okay.
[10:51.080 --> 10:54.560]  And I'm looking at it right now.
[10:54.560 --> 10:55.560]  Fees.
[10:55.560 --> 10:56.560]  Mm-hmm.
[10:56.560 --> 10:57.560]  1.5.
[10:57.560 --> 11:07.760]  Let's see, did the lawyer make an agreement, charge or collect an unreasonable fee for
[11:07.760 --> 11:12.400]  an unreasonable amount for expenses without considering the following.
[11:12.400 --> 11:16.440]  The time and labor required, the novelty, the difficulty, the questions involved, the
[11:16.440 --> 11:19.960]  skill, record performance, the legal property.
[11:19.960 --> 11:26.320]  The likelihood, if apparent to the client that the acceptance of the particular employment
[11:26.320 --> 11:32.760]  will preclude other employment, I'm looking for the one that fits yours, the limitation
[11:32.760 --> 11:38.040]  proposed in nature going into profession, whether the fee is fixed or contingent.
[11:38.040 --> 11:44.200]  Well, it's too many of these to get to right here, but go through these.
[11:44.200 --> 11:49.440]  You will find one that will land right on your issue.
[11:49.440 --> 11:53.760]  But are they supposed to give me a breakdown of what they did?
[11:53.760 --> 11:56.240]  I mean, they don't have anything that they did.
[11:56.240 --> 11:57.240]  Oh, yeah.
[11:57.240 --> 12:00.320]  You can request a complete accounting.
[12:00.320 --> 12:04.840]  And if you did that and they didn't give it to you, then I suggest you send them a
[12:04.840 --> 12:17.000]  tort letter and, okay, what kind of issue is this, okay, if they, oh, personally, disability
[12:17.000 --> 12:22.440]  insurance, how much has this cost you?
[12:22.440 --> 12:25.200]  Have they gotten you your payments from the insurance company?
[12:25.200 --> 12:26.200]  No.
[12:26.200 --> 12:27.200]  I had to get another lawyer.
[12:27.200 --> 12:31.200]  I had to call another lawyer to get my paperwork back from them.
[12:31.200 --> 12:32.200]  Okay.
[12:32.200 --> 12:39.040]  Not giving you your paperwork back is a specific standard violation.
[12:39.040 --> 12:42.200]  I don't remember off the top of my head which one it is.
[12:42.200 --> 12:47.400]  But if you look through these, it'll be pretty easy to find it.
[12:47.400 --> 12:53.840]  It looks like a whole bunch of them, but there's only a couple of them, like 1.4 communication.
[12:53.840 --> 13:00.720]  I don't remember where the 1 was, but there is 1 very specifically that addresses them
[13:00.720 --> 13:03.680]  giving you your paperwork back to you.
[13:03.680 --> 13:09.400]  Any harm that come to you, whatever it costs you for these lawyers, you sue the first 1.4,
[13:09.400 --> 13:14.640]  you send them a tort letter and tell them that you've been harmed by all of the amounts
[13:14.640 --> 13:19.200]  that you weren't able to collect for your disability, and 3 times the amount you had
[13:19.200 --> 13:22.960]  to pay your lawyer, actually 3 times the amount of everything.
[13:22.960 --> 13:23.960]  Okay.
[13:23.960 --> 13:29.360]  And tell them, I've been harmed by this amount, make me hold or be sued.
[13:29.360 --> 13:30.360]  Okay.
[13:30.360 --> 13:35.440]  I mean, because I asked twice, you know, and the first time they told me they had filled
[13:35.440 --> 13:40.040]  Texas Pre-Taid Legal, the lawyer now that I was dealing with is no longer with that
[13:40.040 --> 13:41.040]  firm.
[13:41.040 --> 13:43.240]  That's making a difference.
[13:43.240 --> 13:44.640]  He is still a lawyer.
[13:44.640 --> 13:50.880]  He was the one that was your attorney of record just because he leaves the firm.
[13:50.880 --> 13:54.880]  He doesn't, you're still his client.
[13:54.880 --> 13:55.880]  Okay.
[13:55.880 --> 13:56.880]  Okay.
[13:56.880 --> 13:59.000]  Life is tough.
[13:59.000 --> 14:04.360]  Lawyers seem to think that they can accept your money, not do anything, and when you
[14:04.360 --> 14:10.240]  complain about it, just say, I quit, I quit, nah, I don't think so.
[14:10.240 --> 14:11.240]  Right.
[14:11.240 --> 14:14.760]  You sue that lawyer.
[14:14.760 --> 14:21.640]  If he's going to prepaid legal to get business, it's because he's not making any money.
[14:21.640 --> 14:22.640]  Okay.
[14:22.640 --> 14:28.640]  And when you file a malpractice suit against him, they'll cancel his malpractice insurance
[14:28.640 --> 14:31.480]  so fast he'll make his head spin.
[14:31.480 --> 14:32.480]  Okay.
[14:32.480 --> 14:33.480]  Okay.
[14:33.480 --> 14:38.840]  And then the only way he'll get more is to either double or triple what it costs him.
[14:38.840 --> 14:39.840]  Okay.
[14:39.840 --> 14:42.440]  Should I call the initial ethics hotline?
[14:42.440 --> 14:43.440]  Pardon me?
[14:43.440 --> 14:50.680]  There's, I did see a judicial ethics hotline, is that the, no, no, no, this is not judicial
[14:50.680 --> 14:51.680]  ethics.
[14:51.680 --> 14:52.680]  This is lawyer.
[14:52.680 --> 14:53.680]  This is bar grievance.
[14:53.680 --> 14:54.680]  Okay.
[14:54.680 --> 14:55.680]  Bar grievance.
[14:55.680 --> 14:56.680]  Okay.
[14:56.680 --> 14:57.680]  Yeah.
[14:57.680 --> 14:58.680]  Yeah.
[14:58.680 --> 14:59.680]  Just, just go to bar grievance.
[14:59.680 --> 15:00.680]  Something that the grievances are in there.
[15:00.680 --> 15:10.520]  And I just talked to my programmer, he's rewriting the system so it will write to the bar grievance
[15:10.520 --> 15:14.040]  form for whatever state we're in.
[15:14.040 --> 15:17.400]  And I should have that up in a day or two.
[15:17.400 --> 15:21.000]  And when all that's working, you just go in and go through the form and it'll spit you
[15:21.000 --> 15:22.000]  out the bar grievance.
[15:22.000 --> 15:23.000]  Okay.
[15:23.000 --> 15:24.000]  Thank you.
[15:24.000 --> 15:25.000]  Thank you for taking my...
[15:25.000 --> 15:26.000]  First go in.
[15:26.000 --> 15:27.000]  Go ahead.
[15:27.000 --> 15:33.640]  Oh, I was just thanking you so much, I appreciate this, this is so helpful.
[15:33.640 --> 15:37.000]  This is, this is what we're here for.
[15:37.000 --> 15:39.920]  Lawyer, we're trying to help the lawyer.
[15:39.920 --> 15:42.680]  The profession of law.
[15:42.680 --> 15:49.520]  Lawyers have become so distrusted that 20% of all cases are represented by pros and
[15:49.520 --> 15:50.520]  litigants.
[15:50.520 --> 16:01.920]  And it's not really the lawyer's fault so much as it is the state, the bar association
[16:01.920 --> 16:07.360]  that haven't been doing their job, that haven't been policing lawyers.
[16:07.360 --> 16:11.800]  And if lawyers are going to compete with other lawyers, they tend to have to do the
[16:11.800 --> 16:14.840]  same kind of shenanigans the other lawyers are doing.
[16:14.840 --> 16:20.720]  So we need to give the lawyers plausible deniability so they can actually go in and
[16:20.720 --> 16:23.680]  do their jobs.
[16:23.680 --> 16:31.680]  And the way we do that is, is kind of like the way I treat, treat my grandkids.
[16:31.680 --> 16:35.960]  I have grandkids and I love them dearly, but if one of them runs out in the road, I'm
[16:35.960 --> 16:38.840]  fixing to tan his hide.
[16:38.840 --> 16:44.840]  So we may have to tan a few lawyers' hides, it's not personal, sorry if it hurts, but
[16:44.840 --> 16:45.840]  life is tough.
[16:45.840 --> 16:49.920]  Okay, we're about to go to break, thank you to Kim.
[16:49.920 --> 16:54.160]  This is Randy Kelton, Debbie Stephens, Eddie Craig with Law Radio, I'll call in number
[16:54.160 --> 17:20.160]  five, one, two, six, four, six, nineteen, eighty-four, we'll be right back.
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[18:56.040 --> 19:00.040]  at yahoo.com to learn how to stop debt collectors next.
[19:00.040 --> 19:13.000]  If you are listening to the Logos Radio Network, logosradio-network.com, well don't let nothing
[19:13.000 --> 19:20.640]  get to you, or the father can't do it by you, but don't let bad-mined people hurt you until
[19:20.640 --> 19:31.640]  you see something get behind you, you know what I mean, my friend, and all our judges.
[19:31.640 --> 19:51.640]  Telling your father them name, calling his name once again, telling your father them name,
[19:51.640 --> 20:16.640]  telling your father them name, calling his name once again, telling your father them name,
[20:16.640 --> 20:29.640]  calling his name once again, telling your father them name, calling his name once again,
[20:29.640 --> 20:47.640]  telling your father them name, calling his name once again, telling your father them name,
[20:47.640 --> 20:59.640]  we're going to go to Dan in Connecticut. Hello, Mr. Dan, it's been a while. Yes, it has.
[20:59.640 --> 21:06.640]  As a matter of fact, I've been very busy causing a whole bunch of bad people, a whole bunch of good problems.
[21:06.640 --> 21:12.640]  Good for you. Bring us up to speed.
[21:12.640 --> 21:21.640]  The reason I called is because you had a caller on, I believe about an hour ago, he had two children,
[21:21.640 --> 21:29.640]  two and a half and four and a half, and he had a situation where his wife had basically
[21:29.640 --> 21:37.640]  up and left the house and she has the children. Here's the unfortunate part, I am almost identically
[21:37.640 --> 21:47.640]  in a similar way situated. Oh, bummer. But I have good news and I have some ideas
[21:47.640 --> 21:55.640]  and hopefully these ideas will help him because I have obviously over the years
[21:55.640 --> 22:00.640]  networked with enough attorneys and all that to really kind of take apart this thing.
[22:00.640 --> 22:08.640]  Unfortunately, here's what I can tell you. If you want to do stuff with your own divorce case,
[22:08.640 --> 22:17.640]  obviously people are not so terribly great means, but I can tell you if a marshal shows up,
[22:17.640 --> 22:24.640]  which happened with me to serve me with a complaint a week ago, you are effectively doing
[22:24.640 --> 22:30.640]  your own open heart surgery with a rusty hammer. Here's the fortunate part.
[22:30.640 --> 22:36.640]  I did talk to my wife and we talked for about two hours after the marshal showed up.
[22:36.640 --> 22:42.640]  This was after we'd agreed to try to start working it out.
[22:42.640 --> 22:49.640]  I'm going to say this, regardless of how things work out, if you are in that kind of situation,
[22:49.640 --> 22:55.640]  here's what I think everybody should try. Obviously, sometimes it might not be practical,
[22:55.640 --> 23:01.640]  it might not be possible. Obviously, if your marriage has reached that sort of a point,
[23:01.640 --> 23:06.640]  there are way too many issues to deal with, but I'm just going to say here's what I did
[23:06.640 --> 23:13.640]  and it did make a huge difference and as a matter of fact, we are on the steps to working it out.
[23:13.640 --> 23:19.640]  Here's what I would do if you were somewhere situated. Obviously, family court,
[23:19.640 --> 23:25.640]  I hate these kinds of issues myself because there is no right answer and it's always very tricky.
[23:25.640 --> 23:31.640]  The first thing that you should do, especially if you're the person hearing about it,
[23:31.640 --> 23:37.640]  because most divorces, believe it or not, are filed by women. They're filed by the wife.
[23:37.640 --> 23:44.640]  Typically, what seems to happen, the more I've looked into this, is way before she's made
[23:44.640 --> 23:52.640]  the actual move to kind of up and leave, she's emotionally checked out a long time before.
[23:52.640 --> 23:57.640]  Chances are, she kind of feels, well, he never listened to me.
[23:57.640 --> 24:03.640]  He never took the time to sit down and hear my concerns and everything.
[24:03.640 --> 24:07.640]  The first piece of advice I would give, and this is going to help you with a judge.
[24:07.640 --> 24:11.640]  I mean, I don't care how it turns out, even if you end up not working things out,
[24:11.640 --> 24:16.640]  here's the first thing you should do. This is the first thing I did.
[24:16.640 --> 24:20.640]  The first thing I did was I had a blank piece of paper.
[24:20.640 --> 24:25.640]  I split it across the table and said, I love you. I want to work it out.
[24:25.640 --> 24:29.640]  Write down what you need me to do.
[24:29.640 --> 24:34.640]  I mean, just to be very specific, because in a worst case scenario,
[24:34.640 --> 24:39.640]  you're going to be looking at, here's what she's going to be complaining about in court.
[24:39.640 --> 24:44.640]  In a best case scenario, she's going to be giving you stuff where, hey,
[24:44.640 --> 24:47.640]  this is what I need to reconcile the marriage.
[24:47.640 --> 24:53.640]  The second thing I'd always encourage every person to do in this situation to do is to sit down
[24:53.640 --> 24:58.640]  and basically say, look, I want you to tell me everything that's wrong.
[24:58.640 --> 25:04.640]  And really listen. I mean, don't interrupt. Don't ask for clarification.
[25:04.640 --> 25:10.640]  Just sit down and let your spouse get it all out, because after a while,
[25:10.640 --> 25:16.640]  what you're probably going to find is there are some core issues that, yes, need to work,
[25:16.640 --> 25:23.640]  but you're probably also going to find that there are some issues that really honestly don't make any sense.
[25:23.640 --> 25:28.640]  And the more that your other half, so to speak, is talking these out,
[25:28.640 --> 25:32.640]  the more your other half is going to go, wow, this is really kind of stupid.
[25:32.640 --> 25:40.640]  And you may find at the end of the hour or two or three that this whole thing is going on,
[25:40.640 --> 25:45.640]  your spouse might find, even if it's your wife and it's your husband,
[25:45.640 --> 25:50.640]  he or she may find that, wow, this is kind of silly, isn't it?
[25:50.640 --> 25:55.640]  So I would say take those steps for sure.
[25:55.640 --> 25:58.640]  You know, obviously document them.
[25:58.640 --> 26:02.640]  And don't document them because you assume you're going to be in court.
[26:02.640 --> 26:06.640]  Document them because, I mean, let's say you want to be a better person.
[26:06.640 --> 26:09.640]  I mean, if you need it for court, great.
[26:09.640 --> 26:15.640]  But if you don't need it for court, then you basically found out how to be a better, you know,
[26:15.640 --> 26:20.640]  happier, more fulfilled, more, you know, better spouse in a different relationship
[26:20.640 --> 26:26.640]  because let's face it, one thing that I realized and one thing I did say to my wife is I said,
[26:26.640 --> 26:33.640]  look, you may not like your car right now, but you can go down to the dealership
[26:33.640 --> 26:39.640]  and you can buy a new car, but it's not going to change the way you drive.
[26:39.640 --> 26:42.640]  So I think with those steps, those would be good.
[26:42.640 --> 26:47.640]  Another person I talked to, he actually is an attorney, he did a lot of divorces
[26:47.640 --> 26:50.640]  and he'd been through a few.
[26:50.640 --> 26:55.640]  And one thing he recommended was check yourself into therapy just to be the good guy.
[26:55.640 --> 26:59.640]  I mean, even if the other person doesn't want to go with you,
[26:59.640 --> 27:04.640]  it will actually show the court that you're taking positive steps.
[27:04.640 --> 27:07.640]  You know, you're taking positive steps.
[27:07.640 --> 27:10.640]  With therapy, you mean marriage counseling?
[27:10.640 --> 27:12.640]  Yes.
[27:12.640 --> 27:14.640]  Oh, not psychotherapy.
[27:14.640 --> 27:15.640]  Not psychotherapy.
[27:15.640 --> 27:20.640]  I mean, that is unless you have an actual problem, you know,
[27:20.640 --> 27:26.640]  like an addiction issue or something of that nature.
[27:26.640 --> 27:29.640]  Or like being a typical husband.
[27:29.640 --> 27:37.640]  Yeah, that's extremely problematic these days.
[27:37.640 --> 27:40.640]  I think that is good advice.
[27:40.640 --> 27:43.640]  You know, these are difficult issues.
[27:43.640 --> 27:49.640]  And when we reach these points in a relationship,
[27:49.640 --> 27:53.640]  it's extremely difficult for both sides.
[27:53.640 --> 28:01.640]  And that's when we really have to pony up and set ourselves aside
[28:01.640 --> 28:05.640]  and do what's best for our children off times.
[28:05.640 --> 28:14.640]  It turns out to be what's best for us whether we realize it or not.
[28:14.640 --> 28:22.640]  Yeah, as a matter of fact, I ended up going on a date with my wife a few days ago.
[28:22.640 --> 28:28.640]  And initially we were supposed to go talk to a divorce lawyer about collaborative divorce.
[28:28.640 --> 28:39.640]  And what I told her is I said, you know, honey, that's a really crappy idea for a first date.
[28:39.640 --> 28:44.640]  That may not be the best way of saying it.
[28:44.640 --> 28:46.640]  But I did get a laugh out of it.
[28:46.640 --> 28:49.640]  I did get a laugh out of it, you know, and that's the thing.
[28:49.640 --> 28:54.640]  You've always got to remember, I mean, regardless of, you know, what has happened,
[28:54.640 --> 28:59.640]  I mean, there is always something about you and something about the other person,
[28:59.640 --> 29:02.640]  especially if you had kids together.
[29:02.640 --> 29:07.640]  I mean, there's always some thing, there's some set of circumstances,
[29:07.640 --> 29:12.640]  there's some reason as to why you have ended up with that person.
[29:12.640 --> 29:15.640]  And you really need to think about those.
[29:15.640 --> 29:19.640]  And once you start thinking about those, I mean, and think about your mistakes,
[29:19.640 --> 29:27.640]  I mean, granted, first with me, it was very unusual set of circumstances with mine.
[29:27.640 --> 29:32.640]  And I'm sure your previous caller had some kind of thing go on with that.
[29:32.640 --> 29:36.640]  But first of all, relationships work in cycles.
[29:36.640 --> 29:38.640]  You don't talk with each other.
[29:38.640 --> 29:40.640]  You don't spend enough time with each other.
[29:40.640 --> 29:45.640]  I mean, believe it or not, most married people, they don't even spend three or four days together
[29:45.640 --> 29:48.640]  like just talking about anything.
[29:48.640 --> 29:50.640]  Hang on, hang on, we're about to go to break.
[29:50.640 --> 29:54.640]  This is Randy Kelton, Deb Stephen, David Craig, Rula Radio,
[29:54.640 --> 29:59.640]  a call-in number 512-646-1984, Ruby.
[29:59.640 --> 30:05.640]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:05.640 --> 30:07.640]  The government says that fire brought it down.
[30:07.640 --> 30:12.640]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[30:12.640 --> 30:15.640]  Over 6,000 of my fellow service members have given their lives.
[30:15.640 --> 30:19.640]  I'm not a conspiracy theorist.
[30:19.640 --> 30:20.640]  I'm a structural engineer.
[30:20.640 --> 30:21.640]  I'm a New York City correctional.
[30:21.640 --> 30:22.640]  I'm an Air Force pilot.
[30:22.640 --> 30:24.640]  I'm the father who lost his son.
[30:24.640 --> 30:26.640]  We're Americans and we deserve the truth.
[30:26.640 --> 30:55.640]  Go to RememberBuilding7.org today.
[30:56.640 --> 31:03.640]  It is so enlightening to listen to 90.1 FM,
[31:03.640 --> 31:06.640]  but finding things on the Internet isn't so easy,
[31:06.640 --> 31:09.640]  and neither is finding like-minded people to share it with.
[31:09.640 --> 31:12.640]  Oh, well, I guess you haven't heard of Brave New Books then.
[31:12.640 --> 31:13.640]  Brave New Books?
[31:13.640 --> 31:17.640]  Yes, Brave New Books has all the books and DVDs you're looking for
[31:17.640 --> 31:20.640]  by authors like Alex Jones, Ron Paul, Angie Ebert Griffin.
[31:20.640 --> 31:24.640]  They even stock inner food, Burkey products, and Calvin Soaps.
[31:24.640 --> 31:27.640]  There's no way a place like that exists.
[31:27.640 --> 31:28.640]  Go check it out for yourself.
[31:28.640 --> 31:32.640]  It's downtown at 1904 Guadalupe Street just south of UT.
[31:32.640 --> 31:36.640]  Ah, by UT, there's never anywhere to park down there.
[31:36.640 --> 31:39.640]  Actually, they now offer a free hour of parking for paying customers
[31:39.640 --> 31:43.640]  at the 500 MLK parking facility just behind the bookstore.
[31:43.640 --> 31:47.640]  Ah, it does exist, but when are they open?
[31:47.640 --> 31:52.640]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[31:52.640 --> 31:56.640]  You can give them a call at 512-480-2503
[31:56.640 --> 32:22.640]  or check out their events page at bravenewbookstore.com.
[32:22.640 --> 32:48.640]  Oh, yeah, I won't, oh, I won't, I won't let you pull the wool over my eye.
[32:48.640 --> 32:56.640]  They must refuse your news, also let me lie.
[32:56.640 --> 33:04.640]  It seems you like to say, but please take some words to the wise.
[33:04.640 --> 33:19.640]  Please stop trying to pull the wool over my eye.
[33:19.640 --> 33:21.640]  Okay, we are back.
[33:21.640 --> 33:24.640]  We're with Andy Kelton, Deborah Stevens, Eddie Craig, Rule Law Radio,
[33:24.640 --> 33:27.640]  and we're talking to Dan in Connecticut.
[33:27.640 --> 33:34.640]  And Dan, tell me, this all happened because when I was out there that time,
[33:34.640 --> 33:37.640]  I talked to your wife about what a chump you are.
[33:37.640 --> 33:39.640]  Did it?
[33:39.640 --> 33:44.640]  Actually, what happened last year was a highly unusual, stressful year,
[33:44.640 --> 33:47.640]  and this does happen to a lot of people these days,
[33:47.640 --> 33:50.640]  but not probably to the extent that it did with us
[33:50.640 --> 33:54.640]  because we're both highly eccentric people as you are aware.
[33:54.640 --> 33:57.640]  As you know, I ran for office.
[33:57.640 --> 34:00.640]  My mother died last year.
[34:00.640 --> 34:03.640]  I got pneumonia shortly after that.
[34:03.640 --> 34:10.640]  My wife was working 80 hours a week beyond August,
[34:10.640 --> 34:15.640]  and on top of that, she had another four funerals to go to.
[34:15.640 --> 34:19.640]  So, I mean, basically what goes on is life happens,
[34:19.640 --> 34:22.640]  people don't spend enough time talking to each other,
[34:22.640 --> 34:28.640]  and I'm not saying what I'm saying just because it's the typical type of thing
[34:28.640 --> 34:30.640]  to say if you're in this situation.
[34:30.640 --> 34:37.640]  I'm saying the kinds of steps that I've outlined honestly have helped us,
[34:37.640 --> 34:40.640]  and it will help you in one or two ways.
[34:40.640 --> 34:45.640]  One, you're going to find out that maybe there's a way to work it out,
[34:45.640 --> 34:48.640]  or two, if there isn't a way to work it out,
[34:48.640 --> 34:52.640]  it will kind of help you get used to being around your spouse
[34:52.640 --> 34:57.640]  so you're not fighting nearly as much if it, in fact, does come down to divorce.
[34:57.640 --> 35:02.640]  And it's so important for a lot of people because a lot of people,
[35:02.640 --> 35:07.640]  typically when something goes on, they're not really prepared for it.
[35:07.640 --> 35:09.640]  I mean, they have no idea it's coming.
[35:09.640 --> 35:11.640]  It's totally coming out of the blue.
[35:11.640 --> 35:14.640]  In most cases, it's usually the husband.
[35:14.640 --> 35:18.640]  He's looking at the weather and he goes, oh, there's forecast for thunderstorms,
[35:18.640 --> 35:23.640]  and then he's totally surprised when a Category 5 hurricane rolls into town,
[35:23.640 --> 35:28.640]  and the first reaction he has is, I have got to go do something.
[35:28.640 --> 35:31.640]  You know, I need to take some action.
[35:31.640 --> 35:37.640]  So basically, what I just mentioned, it's something to do,
[35:37.640 --> 35:42.640]  whether or not it will or will not work out.
[35:42.640 --> 35:47.640]  What we have to think about is what can I do to make things better
[35:47.640 --> 35:51.640]  that would help either conclusion regardless of what happens.
[35:51.640 --> 35:56.640]  And yes, I mean, sometimes there's a case where, you know, a long-term relationship,
[35:56.640 --> 35:59.640]  I mean, like marriage wouldn't work.
[35:59.640 --> 36:03.640]  But speaking of that, I did want to talk about some of the legal components
[36:03.640 --> 36:07.640]  that I did find out and I did research.
[36:07.640 --> 36:11.640]  Connecticut is one of the many no fault states.
[36:11.640 --> 36:15.640]  It's called Irretrievable Breakdown in the Marriage in Connecticut.
[36:15.640 --> 36:19.640]  California, it's called Irreconcilable Differences.
[36:19.640 --> 36:23.640]  But basically, a cause of action like that in New York, I believe,
[36:23.640 --> 36:26.640]  adopted this law three years ago.
[36:26.640 --> 36:32.640]  But basically, other than that, you have other causes of action for divorce complaint.
[36:32.640 --> 36:35.640]  Like, for example, adultery is a classic one.
[36:35.640 --> 36:37.640]  You know, there's a definition for that.
[36:37.640 --> 36:41.640]  In Connecticut, we have the other spouse who's been absent for seven years.
[36:41.640 --> 36:43.640]  Nobody's heard from the spouse.
[36:43.640 --> 36:48.640]  We have 18 months that haven't been, you know, they haven't been cohabitating
[36:48.640 --> 36:51.640]  and there's no chance for reconciliation.
[36:51.640 --> 36:55.640]  We have in Connecticut, believe it or not, if you've been imprisoned for life
[36:55.640 --> 36:59.640]  for an infamous crime, that's the cause of action for divorce.
[36:59.640 --> 37:03.640]  If you've been locked up in a psychiatric facility for five years,
[37:03.640 --> 37:06.640]  that's the cause of action for divorce.
[37:06.640 --> 37:08.640]  There's individual intemperance.
[37:08.640 --> 37:12.640]  Like, for example, you drink like a fifth of whiskey every day
[37:12.640 --> 37:14.640]  and you're a drunk all the time.
[37:14.640 --> 37:17.640]  I mean, that's the cause of action.
[37:17.640 --> 37:19.640]  You know, there's intolerable cruelty.
[37:19.640 --> 37:21.640]  Believe it or not, there's case law on intolerable cruelty.
[37:21.640 --> 37:26.640]  The one thing that disturbs me so much the more I've been looking into this
[37:26.640 --> 37:31.640]  is that irreconcilable differences and irretrievable breakdown of the marriage,
[37:31.640 --> 37:35.640]  there's no definition in case law of what that is.
[37:35.640 --> 37:38.640]  It's just sort of a catch-all.
[37:38.640 --> 37:39.640]  It's a catch-all.
[37:39.640 --> 37:42.640]  I mean, as a matter of fact, you can look at any particular married couple
[37:42.640 --> 37:47.640]  any day of the week and, you know, he doesn't take out the trash
[37:47.640 --> 37:53.640]  or she doesn't wash the dishes and they're so absolutely PO'd at each other
[37:53.640 --> 37:56.640]  and you could watch this couple over that one day and you could go,
[37:56.640 --> 37:58.640]  wow, this thing has broken down.
[37:58.640 --> 38:00.640]  There's no recovery of it.
[38:00.640 --> 38:06.640]  So really, when you're talking about irretrievable breakdown of the marriage,
[38:06.640 --> 38:13.640]  the most I can find from case law in Connecticut is that's determined by the judge.
[38:13.640 --> 38:16.640]  He gets to use his own discretion.
[38:16.640 --> 38:19.640]  That's what I was thinking as you were talking.
[38:19.640 --> 38:29.640]  This sounds like the judge just decides what he thinks is irretrievable differences.
[38:29.640 --> 38:32.640]  And I don't know if I like that idea or not.
[38:32.640 --> 38:35.640]  I don't.
[38:35.640 --> 38:42.640]  It's probably good if you get a great judge, but I haven't seen many of those.
[38:42.640 --> 38:48.640]  Yeah, and the other thing that I would tell people is, depending on the state that you're in,
[38:48.640 --> 38:54.640]  when somebody files a divorce complaint, there's usually what's called standing orders
[38:54.640 --> 38:59.640]  and these are orders that go with the papers and the standing orders will typically tell you
[38:59.640 --> 39:07.640]  nobody goes into extreme credit card debt, nobody deprives the other of rights to see their children.
[39:07.640 --> 39:14.640]  Nobody goes off and liquidates or conceals or hides any property, stuff of that nature.
[39:14.640 --> 39:21.640]  But the thing that kind of disturbed me, and again, my wife eventually decided not to pay the filing fee,
[39:21.640 --> 39:25.640]  meaning the case has effectively gone away.
[39:25.640 --> 39:29.640]  And we did go on a date after that, so that's kind of looking up.
[39:29.640 --> 39:33.640]  But the thing that I asked was, like, did you read the standing orders?
[39:33.640 --> 39:39.640]  She said, no, I'm like, you really should because there's a lot of stuff in these standing orders
[39:39.640 --> 39:42.640]  that basically says here's what we have to do.
[39:42.640 --> 39:47.640]  Like, for example, in Connecticut, you have to go to what's called parenting classes.
[39:47.640 --> 39:51.640]  They're not teaching you how to be a parent.
[39:51.640 --> 39:54.640]  They're teaching you how to interact with the other parent.
[39:54.640 --> 39:58.640]  I mean, it's kind of a misnomer, but that's what they're there for.
[39:58.640 --> 40:01.640]  You know, and you have to pay for those.
[40:01.640 --> 40:06.640]  If you have a discovery dispute in a family or a marriage case in Connecticut,
[40:06.640 --> 40:09.640]  it's not ruled on by a judge.
[40:09.640 --> 40:13.640]  You actually have to hire a special master for that in Connecticut.
[40:13.640 --> 40:17.640]  And you have to pay that person out of pocket if there's a discovery issue.
[40:17.640 --> 40:23.640]  I mean, most people aren't even going to do that because most people that are typically in this situation,
[40:23.640 --> 40:26.640]  they don't have, like, homes on, like, the Riviera or whatnot.
[40:26.640 --> 40:30.640]  You know, they don't have, like, large amounts of assets or property or whatever.
[40:30.640 --> 40:35.640]  But, I mean, just the same if custody of children is involved.
[40:35.640 --> 40:43.640]  Then, yeah, you know, you're going to want to do something before anybody even files to go to court,
[40:43.640 --> 40:52.640]  and you're going to want to take all the steps that you need to to be on at least amicable terms with your spouse.
[40:52.640 --> 40:56.640]  And like it or not, I mean, your spouse, if you have children,
[40:56.640 --> 40:59.640]  that's going to be the other parent of your children.
[40:59.640 --> 41:02.640]  You're effectively tied to them for life.
[41:02.640 --> 41:07.640]  So what you're going to need to do is you're going to also probably need to come up with what's called a parenting plan.
[41:07.640 --> 41:09.640]  That's what they call it in Connecticut.
[41:09.640 --> 41:13.640]  And you're going to have to come up with, you know, a visitation plan.
[41:13.640 --> 41:17.640]  And you're going to have to be very, very specific about that.
[41:17.640 --> 41:24.640]  So if you want to do things amicably, what I would say is try to work things out.
[41:24.640 --> 41:29.640]  Because if they don't work out and you spend time with each other and you get used to each other
[41:29.640 --> 41:35.640]  and everything kind of gets normal, well, then at least you're used to dealing with the other person
[41:35.640 --> 41:39.640]  and you're finally communicating again, which will make the process much easier.
[41:39.640 --> 41:42.640]  I mean, granted, it may not work that way in all cases.
[41:42.640 --> 41:47.640]  Like, you know, if something incredibly messed up had happened, like, you know,
[41:47.640 --> 41:52.640]  somebody cheated on the other person or somebody was like really violent or physically abusive,
[41:52.640 --> 41:54.640]  obviously those may be the exceptions.
[41:54.640 --> 42:04.640]  But, you know, still I wanted to call in and just respond to what your other caller had said in a similar situation.
[42:04.640 --> 42:06.640]  Well, thank you. I appreciate that.
[42:06.640 --> 42:11.640]  And this is a difficult situation. This is always hard.
[42:11.640 --> 42:18.640]  And primarily what I was trying to warn the other caller of is this is hard.
[42:18.640 --> 42:22.640]  This is not going to go down nice for either one of you.
[42:22.640 --> 42:28.640]  And if you're the husband, it's going to go less nice for you.
[42:28.640 --> 42:40.640]  And frankly, I kind of think that's how it should be that the courts want the child with the mother.
[42:40.640 --> 42:47.640]  And if the father gets the children, he's really, really going to have to work at it.
[42:47.640 --> 42:53.640]  And it should be hard to get a divorce. It should not be an easy thing to do.
[42:53.640 --> 43:00.640]  Yeah, I mean, and that's one thing that I did, you know, that I realized once I was looking at the case law
[43:00.640 --> 43:05.640]  because I said, oh, you've got this one catch-all thing that's vague and undefined.
[43:05.640 --> 43:10.640]  And the case law, I'm like, crap, why don't we just have drive-throughs in our family courts?
[43:10.640 --> 43:14.640]  You know, you just go through the drive-through in Las Vegas, you get a wedding, you know,
[43:14.640 --> 43:21.640]  and you could just easily go through the drive-through in the family courts in Connecticut and get a divorce.
[43:21.640 --> 43:25.640]  Well, I sure appreciate your call. We're about to go to break.
[43:25.640 --> 43:31.640]  And stay in touch. Keep us up to date on who you're causing problems with.
[43:31.640 --> 43:37.640]  Oh, yeah, that's a whole different story and there's a whole lot of stuff.
[43:37.640 --> 43:41.640]  Okay. Thank you for calling Dan and we're about to go to break.
[43:41.640 --> 43:44.640]  This is Randy Kelton, Debbie Stevens, Eddie Craig.
[43:44.640 --> 43:49.640]  Wheels on Radio are calling number 512-646-1984.
[43:49.640 --> 44:14.640]  Rob Carls, JSC there. We'll pick you up on the other side. We'll be right back.
[44:19.640 --> 44:24.640]  Here's what you should do for yourself.
[44:49.640 --> 45:04.640]  The Oklahoma City bombing, top 10 reasons to question the official story.
[45:04.640 --> 45:08.640]  Reason number one, John Doe number two, and other accomplices.
[45:08.640 --> 45:16.640]  On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the writer Chuck report that he was accompanied by other perpetrators.
[45:16.640 --> 45:24.640]  The FBI and federal prosecutors insist that Tim McVeigh alone delivered the writer Chuck bomb to the Murra building and detonated it.
[45:24.640 --> 45:32.640]  The only witness the government produced to place McVeigh at the building that morning, Dana Bradley, who lost her children and one of her legs in the bombing,
[45:32.640 --> 45:38.640]  testified that she saw McVeigh with another man, the fable John Doe number two, exiting the writer truck.
[45:38.640 --> 45:50.640]  While at least 15 other witnesses claim to have seen McVeigh with other perpetrators the day of the bombing, no less than 226 witnesses placed him with other men in the days before the bombing,
[45:50.640 --> 45:56.640]  including when he rented the writer truck, and in some cases have positively identified the other perpetrators.
[45:56.640 --> 46:12.640]  For more information, please visit okcbombingtruth.com.
[46:26.640 --> 46:53.640]  Okay, we are back. Randy Kelton, Debbie Stevens, Eddie Craig, Ruva Radio, and we're going to, oh let me mention one thing about the fundraiser.
[46:53.640 --> 47:06.640]  I was talking earlier about the fundraiser and if you go to Logos Radio Network, if you have your own website and you'd like to help us promote this,
[47:06.640 --> 47:26.640]  if you go to Logos Radio Network on the homepage and click on the ad for the Rock River AR-15, it'll take you to a second page where we have some boxes with the HTML markup code
[47:26.640 --> 47:41.640]  so that you can drop this onto your website and post this, or Facebook page, and post this where maybe we can get some other people to come and listen to the network
[47:41.640 --> 47:48.640]  and put in a donation to get a shot at winning the rifle.
[47:48.640 --> 48:01.640]  Okay, now we're going to go to Rob in New Mexico. Hello Rob, what is the deal so far on your property?
[48:01.640 --> 48:06.640]  Is the color board still up?
[48:06.640 --> 48:08.640]  Rob, are you there?
[48:08.640 --> 48:10.640]  Yeah, can you hear me?
[48:10.640 --> 48:12.640]  I can hear you now.
[48:12.640 --> 48:28.640]  Okay, good. Okay, let's see, the foreclosure mill law firm attorney filed a motion to compel on the interrogatories I discussed with you the other day.
[48:28.640 --> 48:48.640]  He filed the motion to compel after I contacted his office but before he called me back and he says that he told me he filed the motion to compel already, that's not true, so I'm going to be fighting that a little bit.
[48:48.640 --> 48:56.640]  Well, okay, when you called his office, was it for the purpose of negotiating something on the interrogators?
[48:56.640 --> 49:08.640]  Yes, it was specifically in response to the letter he sent me giving me four days to respond before he filed the motion to compel.
[49:08.640 --> 49:11.640]  He sent the letter on the third.
[49:11.640 --> 49:17.640]  Okay, were you going to respond to some of the interrogatories?
[49:17.640 --> 49:27.640]  Well, basically I was going to correct him on his assumption that I hadn't provided him the requested production, which I had, and he did find it.
[49:27.640 --> 49:30.640]  How about just sending it to him again?
[49:30.640 --> 49:32.640]  What's that?
[49:32.640 --> 49:35.640]  Just sending the same production again.
[49:35.640 --> 49:46.640]  Right, well no, I didn't have any problem with that and I did, but I informed him that it was in with the materials that I sent and he acknowledged that he did receive it.
[49:46.640 --> 50:04.640]  I guess my problem is that they received it on the 14th of December and he waited until January 3rd to contact me and then gave me until 11am on the 7th to make it right, which was Monday.
[50:04.640 --> 50:08.640]  Okay, first thing is it doesn't matter what the lawyer says.
[50:08.640 --> 50:09.640]  Right.
[50:09.640 --> 50:17.640]  The second is do not let the lawyer manipulate you into an irrelevant argument.
[50:17.640 --> 50:19.640]  Right.
[50:19.640 --> 50:22.640]  If it's not important, ignore it.
[50:22.640 --> 50:27.640]  If he wants to file a motion to compel, let him.
[50:27.640 --> 50:37.640]  Let the judge compel you to give him the answer to the interrogatories and give him some answers that are going to give him apoplexy.
[50:37.640 --> 50:48.640]  You know, answer the ones that are appropriate and just don't answer the other ones with the standard.
[50:48.640 --> 50:51.640]  You have equal access to the information.
[50:51.640 --> 51:03.640]  I have insufficient knowledge to answer the question, whatever the standard responses are, depending on what the nature of the interrogatory is, but don't let him draw you into a fight.
[51:03.640 --> 51:13.640]  Well, one of the things he's asking for is the specific allegations of wrongdoing, you know, the specific events and specific parties by his client.
[51:13.640 --> 51:26.640]  And so I was thinking that if he gets the motion to compel, granted, that I would respond to that by sending the criminal complaints.
[51:26.640 --> 51:29.640]  That would be a good response.
[51:29.640 --> 51:36.640]  Have you done an evaluation of the numbers, the fees, primarily the fees charged at closing?
[51:36.640 --> 51:43.640]  Just what I got in the QWR from you guys about a year and a half ago.
[51:43.640 --> 51:50.640]  Okay. I don't know. That was probably in there. It was a year and a half ago.
[51:50.640 --> 51:56.640]  That goes straight to fraud, and that's one they absolutely do not want to deal with.
[51:56.640 --> 52:04.640]  This is the one where the, their MERS signing authority mentions a different party than the one involved in the note and mortgage.
[52:04.640 --> 52:13.640]  The attorney that filed the MERS assignment does not have the power of attorney in the county record, as is required by the United States statute.
[52:13.640 --> 52:15.640]  Oh, good.
[52:15.640 --> 52:17.640]  They're in trouble.
[52:17.640 --> 52:18.640]  Good.
[52:18.640 --> 52:27.640]  Now, Bank of America finally responded to my request for production, and they did not send me anything.
[52:27.640 --> 52:40.640]  And they're claiming attorney-client privilege, but everything that I asked them for goes to proof of the existence of some account or some debt.
[52:40.640 --> 52:44.640]  They didn't file a motion to compel.
[52:44.640 --> 52:54.640]  Well, I thought that was kind of fun, but the real reason that I called you tonight was about Kay's case, and I'm going to put her on the phone with you here in a minute.
[52:54.640 --> 52:59.640]  I did a little bit of digging on the arresting officer.
[52:59.640 --> 53:20.640]  And it turns out that from 2003 to 2005, he was suspended for having inappropriate telephone conversations of a sexual nature with an underage female.
[53:20.640 --> 53:22.640]  And...
[53:22.640 --> 53:24.640]  Objection, relevance.
[53:24.640 --> 53:27.640]  During the investigation.
[53:27.640 --> 53:30.640]  Okay. And you would what?
[53:30.640 --> 53:34.640]  Lying about it during the investigation.
[53:34.640 --> 53:36.640]  That goes to relevance.
[53:36.640 --> 53:37.640]  Yeah.
[53:37.640 --> 53:43.640]  That goes to moral turpitude.
[53:43.640 --> 53:45.640]  Or moral turpitude.
[53:45.640 --> 53:50.640]  That impedes him as a witness.
[53:50.640 --> 53:52.640]  Okay.
[53:52.640 --> 54:08.640]  But most likely the courts are going to, if it was five years ago and he has subsequently paid his dues and such, it may not be relevant.
[54:08.640 --> 54:10.640]  But I'm not sure.
[54:10.640 --> 54:13.640]  I'm not sure what the law is.
[54:13.640 --> 54:22.640]  If they allowed him back on the fourth, then you would want to know if he has had any sort of counseling.
[54:22.640 --> 54:32.640]  This would definitely go to a charge of moral turpitude and disqualify him as a witness.
[54:32.640 --> 54:38.640]  That would be fun to do. That would really jerk a knot in their shorts.
[54:38.640 --> 54:49.640]  Yeah. Well, I was going to put in a request for his disciplinary history and his training certifications and all of that kind of stuff.
[54:49.640 --> 54:59.640]  That might be the kind of thing that would get him to drop the whole case to keep you from digging into that old stuff.
[54:59.640 --> 55:01.640]  Yeah.
[55:01.640 --> 55:03.640]  Politics.
[55:03.640 --> 55:05.640]  Did you?
[55:05.640 --> 55:10.640]  You want to talk to the boss?
[55:10.640 --> 55:13.640]  Wait, I couldn't hear that. Were you talking to me?
[55:13.640 --> 55:18.640]  Yeah, I asked if you wanted to talk to the boss. She's shaking her head, but she doesn't know what to ask you.
[55:18.640 --> 55:24.640]  Well, this goes to what we talked about last night is politics.
[55:24.640 --> 55:33.640]  This is probably not relevant, but we don't care. This is about politics and it's about Ken's four rules.
[55:33.640 --> 55:37.640]  First rule is everything is political.
[55:37.640 --> 55:42.640]  Second rule, perception is everything.
[55:42.640 --> 55:54.640]  You've got someone running around carrying a gun who has been engaging in inappropriate telephone conversation with a minor.
[55:54.640 --> 55:58.640]  He should be listed as a child molester.
[55:58.640 --> 56:11.640]  He shouldn't be running around with a pistol and now this policing agency are hiring these pedophiles and giving them pistols and sending them out in our neighborhood.
[56:11.640 --> 56:17.640]  What is going on here, guys? That should create some really interesting politics.
[56:17.640 --> 56:28.640]  Well, in all fairness, he was already a member of the department when that occurred, so it's not like they went out and hired and knowing that. They just decided to keep him on knowing that.
[56:28.640 --> 56:37.640]  They hired a guy who was a pedophile and they might not have known when they hired him, but they found out later and they didn't get rid of him.
[56:37.640 --> 56:47.640]  I hate the idea of ruining someone's whole life over and in discretion.
[56:47.640 --> 56:56.640]  That's a relatively serious indiscretion and I would essentially rather that person not be running around with a pistol on.
[56:56.640 --> 57:07.640]  But this sounds serious enough. It probably won't take a whole lot to get them to make this ticket want to go away.
[57:07.640 --> 57:14.640]  From what we've seen, he doesn't seem to have changed his ways much. He's just chosen older women.
[57:14.640 --> 57:19.640]  During the traffic stop, he was inquiring about my wife's marital status.
[57:19.640 --> 57:31.640]  When she appeared in court, all of the other women that were there, all of the other people that were there who had been cited by this officer were attractive younger women.
[57:31.640 --> 57:42.640]  This gets more serious. You might want to pursue that.
[57:42.640 --> 57:49.640]  Is this guy a municipal police officer? No, state police.
[57:49.640 --> 57:54.640]  That makes it even harder. Attorney General, you need to get Attorney General about it.
[57:54.640 --> 58:03.640]  One of his buddies on the state police that was also suspended, he has since left the police. He now works at the local department, municipal.
[58:03.640 --> 58:07.640]  He was budgeted for soliciting a prostitute.
[58:07.640 --> 58:14.640]  So it seems like a pattern with him. Okay, hang on. This is Randy Kelp and David Stevens and Craig.
[58:14.640 --> 58:20.640]  We have our radio. We're going to our top of the hour break. It looks like the call boards are filling up.
[58:20.640 --> 58:26.640]  Carlos, Jay, John, Phillip, I see you there. We will try to get to all of you when we come back.
[58:26.640 --> 58:33.640]  Our call in number 512-646-1984. Give us a call. Get in line.
[58:33.640 --> 58:49.640]  And we'll be right back on the other side.
[58:49.640 --> 58:57.640]  The Bible remains the most popular book in the world yet countless readers are frustrated because they struggle to understand it.
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[59:47.640 --> 59:52.640]  That's freestudybible.com.
[59:52.640 --> 01:00:02.640]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:02.640 --> 01:00:13.640]  A decade ago automobile crashes were the leading cause of death by injury in America, but in recent years car accidents have been surpassed by a much more disturbing cause of death.
[01:00:13.640 --> 01:00:17.640]  I'm Dr. Catherine Albrecht and I'll tell you what it is in a moment.
[01:00:17.640 --> 01:00:27.640]  Privacy is under attack. When you give up data about yourself, you'll never get it back again, and once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.640 --> 01:00:35.640]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[01:00:35.640 --> 01:00:46.640]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:00:46.640 --> 01:00:54.640]  Here's some bad news we haven't seen since the Great Recession. Today, suicide takes more American lives than any other injury.
[01:00:54.640 --> 01:01:04.640]  Car accidents were the leading cause of death until 2009. That year, nearly 40,000 Americans committed suicide, making it the leading cause of injury-related death.
[01:01:04.640 --> 01:01:10.640]  While suicides increased 15% that decade, deaths from poisoning more than doubled.
[01:01:10.640 --> 01:01:17.640]  Researchers believe many of those prescription drug overdoses may be intentional, which would raise the suicide rate even higher.
[01:01:17.640 --> 01:01:23.640]  If you're feeling down, reach out for help. There are more resources available today than ever before.
[01:01:23.640 --> 01:01:28.640]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:01:28.640 --> 01:01:42.640]  Women in Saudi Arabia can't drive, run for office, or work in courts. Now the kingdom's tracking them electronically as they leave and enter the country.
[01:01:42.640 --> 01:01:46.640]  I'm Dr. Catherine Albrecht, back with the disturbing details after this.
[01:01:46.640 --> 01:01:57.640]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.640 --> 01:02:05.640]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[01:02:05.640 --> 01:02:15.640]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:02:15.640 --> 01:02:24.640]  Women have forever been second-class citizens in Saudi Arabia. They can't be lawyers, run for public office, or even drive a car.
[01:02:24.640 --> 01:02:32.640]  They must wear veils and garments that cover them from head to toe. And they can't leave home without the say-so of their male guardians.
[01:02:32.640 --> 01:02:36.640]  But now the Saudi government is taking control to a scary new level.
[01:02:36.640 --> 01:02:45.640]  Immigration authorities now monitor women electronically at the border and send text messages to their male guardians, informing them where their women are.
[01:02:45.640 --> 01:02:52.640]  I suppose the next stop on this Orwellian train would be tracking ankle bracelets, or maybe implantable locator microchips.
[01:02:52.640 --> 01:02:55.640]  Then Saudi men could track their women like cattle.
[01:02:55.640 --> 01:03:24.640]  I'm Dr. Katharine Albright for StartPage.com, the world's most private search engine.
[01:03:24.640 --> 01:03:31.640]  I will lie to my mother though, I will tell you the truth.
[01:03:31.640 --> 01:03:42.640]  I will lie to my mother though, she has to be with me straight and with her, I will hate my concern.
[01:03:42.640 --> 01:04:05.640]  I will lie to my mother though, I will lie to my mother though, I will hate my concern.
[01:04:05.640 --> 01:04:14.640]  I haven't been able to get anybody to send a letter to the notary and I can't do it because she works for the foreclosure mill.
[01:04:14.640 --> 01:04:19.640]  I did send a letter to MERS, got nothing back.
[01:04:19.640 --> 01:04:25.640]  Wait a minute, why is that a problem? What's that have to do with anything?
[01:04:25.640 --> 01:04:29.640]  I thought I wasn't allowed to contact them.
[01:04:29.640 --> 01:04:36.640]  Go to the Secretary of State, if she's a notary, the Secretary of State will have a contact address for her.
[01:04:36.640 --> 01:04:39.640]  Oh yeah, the same address as the law firm.
[01:04:39.640 --> 01:04:42.640]  Good, that's okay.
[01:04:42.640 --> 01:04:44.640]  Oh, okay.
[01:04:44.640 --> 01:04:58.640]  You can go to aidocs.com and there's a mortgage analysis.
[01:04:58.640 --> 01:05:01.640]  Link on there.
[01:05:01.640 --> 01:05:08.640]  And kind of look around in that, it's got a lot of neat stuff in there and it has a section on the documents.
[01:05:08.640 --> 01:05:18.640]  And there is a click, I have a link to a form, a PDF fill in the blank forms.
[01:05:18.640 --> 01:05:29.640]  If you don't want them to know who's actually sending it, I have a form on there that has my name on it you can click on.
[01:05:29.640 --> 01:05:37.640]  And it will return to me, I just ask you to send an email, let me know you did it so I know to look for it in case I get it.
[01:05:37.640 --> 01:05:39.640]  I know where it goes to.
[01:05:39.640 --> 01:05:40.640]  Okay.
[01:05:40.640 --> 01:05:43.640]  That way they don't know which one to forge.
[01:05:43.640 --> 01:05:46.640]  Right, that's a good idea.
[01:05:46.640 --> 01:06:03.640]  Do I have one for signatories and for notaries and I also have a link to a request to the Secretary of State for the signature page of the notaries application.
[01:06:03.640 --> 01:06:08.640]  So you have an example of the notary signature.
[01:06:08.640 --> 01:06:19.640]  That brings me to a question about going after the notary for creating or assisting and creating a fraudulent document which is a crime here.
[01:06:19.640 --> 01:06:34.640]  Since she works in the law firm, I mean to notarize that someone held a certain office, say Assistant Secretary for MERS, she would have to be shown some sort of proof of that.
[01:06:34.640 --> 01:06:37.640]  No, no, no, no, that's not what she does.
[01:06:37.640 --> 01:06:40.640]  What she does is an authentication.
[01:06:40.640 --> 01:06:46.640]  Right, but it says that they have to be shown proof that this person has an agent.
[01:06:46.640 --> 01:06:47.640]  No, no, no.
[01:06:47.640 --> 01:06:57.640]  All the notary must establish is that the person is the person they claim to be.
[01:06:57.640 --> 01:06:58.640]  Holds the office.
[01:06:58.640 --> 01:07:01.640]  The person, the human being.
[01:07:01.640 --> 01:07:08.640]  But not the, they don't have to prove to the notary that they have the capacity they claim.
[01:07:08.640 --> 01:07:16.640]  And that's not the something that the notary is in a position to determine in any case.
[01:07:16.640 --> 01:07:20.640]  All the notary determines his identity.
[01:07:20.640 --> 01:07:35.640]  I have to read that again because I understood the New Mexico Statute to say that when they notarized something claiming that a person held a certain office that they had to have proof of that office.
[01:07:35.640 --> 01:07:39.640]  If that is the case, that is absolutely wonderful.
[01:07:39.640 --> 01:07:40.640]  Yeah.
[01:07:40.640 --> 01:07:45.640]  If you find it and it says that, please send that to me.
[01:07:45.640 --> 01:07:46.640]  Okay.
[01:07:46.640 --> 01:07:49.640]  Because we can use that.
[01:07:49.640 --> 01:08:00.640]  I can say in Texas that this notary had a duty to determine that the person had the capacity they claim.
[01:08:00.640 --> 01:08:02.640]  And they're going to say, there's nothing in Texas law that says that.
[01:08:02.640 --> 01:08:07.640]  And we can say, well, Texas law simply didn't address that.
[01:08:07.640 --> 01:08:17.640]  But under the doctrine of full faith and credit, the legislature of the state of New Mexico has addressed that issue.
[01:08:17.640 --> 01:08:22.640]  And we give full faith and credit to the legislature of the state of New Mexico.
[01:08:22.640 --> 01:08:29.640]  And we credit them with passing just and fair law.
[01:08:29.640 --> 01:08:40.640]  Therefore, we can, since this is not addressed in the state of Texas, we can pull New Mexico Statute in and use it as precedent.
[01:08:40.640 --> 01:08:41.640]  Oh, that'll be fun.
[01:08:41.640 --> 01:08:51.640]  Now the court will trash it, but if we do this in front of a jury, perception is everything anyway.
[01:08:51.640 --> 01:09:02.640]  And when you petitioned, the reason I asked you about that is I was going to suggest if you don't get responses petitioned for declaratory judgment.
[01:09:02.640 --> 01:09:05.640]  Now, can I do that in my present case?
[01:09:05.640 --> 01:09:06.640]  Because I should.
[01:09:06.640 --> 01:09:07.640]  Oh, yeah.
[01:09:07.640 --> 01:09:08.640]  Yeah.
[01:09:08.640 --> 01:09:09.640]  You're in the state court.
[01:09:09.640 --> 01:09:16.640]  You're a declaratory judgment based on the four corners of this document.
[01:09:16.640 --> 01:09:22.640]  You're not asking the judge to rule that the other party doesn't have a claim.
[01:09:22.640 --> 01:09:32.640]  You're asking the judge to rule that the other party did not meet the statutory filing requirements.
[01:09:32.640 --> 01:09:35.640]  That's really straightforward.
[01:09:35.640 --> 01:09:44.640]  It's not complex or convoluted, and it goes to the integrity of the filings in the court of the state.
[01:09:44.640 --> 01:09:54.640]  Much easier to get a ruling on than rather or not that the other party has a claim against you.
[01:09:54.640 --> 01:10:00.640]  You get, you ask, focus it on that particular issue, just the filing requirements.
[01:10:00.640 --> 01:10:05.640]  If you can get the ruling, now you come back petitioned for quiet title.
[01:10:05.640 --> 01:10:08.640]  And that is pressed due to Cata.
[01:10:08.640 --> 01:10:15.640]  Because anyway, I could, I would want to file this petition in a separate court.
[01:10:15.640 --> 01:10:28.640]  You might talk to your lawyer buddy to see if you can file the petition for declaratory judgment in a separate court because it is essentially a separate issue.
[01:10:28.640 --> 01:10:35.640]  They are going to want to join it, but let them force them to.
[01:10:35.640 --> 01:10:38.640]  I'm in federal right now.
[01:10:38.640 --> 01:10:41.640]  Oh, I thought you were in state.
[01:10:41.640 --> 01:10:42.640]  Oh, you're in federal.
[01:10:42.640 --> 01:10:43.640]  Oh, absolutely.
[01:10:43.640 --> 01:10:44.640]  File it in the state.
[01:10:44.640 --> 01:10:47.640]  The federal don't have anything to do with this part.
[01:10:47.640 --> 01:10:50.640]  You file this in the state.
[01:10:50.640 --> 01:10:53.640]  Then they can't join it.
[01:10:53.640 --> 01:10:58.640]  Because it's, it's strictly a state issue.
[01:10:58.640 --> 01:11:09.640]  If the state rules that there's a document on which they base the foreclosure is insufficient for filing in the county record is therefore voided of no force and effect.
[01:11:09.640 --> 01:11:12.640]  What happens to their foreclosure?
[01:11:12.640 --> 01:11:13.640]  Right.
[01:11:13.640 --> 01:11:14.640]  They don't have.
[01:11:14.640 --> 01:11:15.640]  Yeah.
[01:11:15.640 --> 01:11:16.640]  So don't go for quiet title first.
[01:11:16.640 --> 01:11:20.640]  Go for declaratory judgment on the sufficiency of the document.
[01:11:20.640 --> 01:11:27.640]  Do not ask the judge anything about how that a document affects the claim of the lender.
[01:11:27.640 --> 01:11:31.640]  I've got some of those and the courts threw them out.
[01:11:31.640 --> 01:11:43.640]  The court of appeals throughout the judge's decision when the judge made a decision on the effect of the filing.
[01:11:43.640 --> 01:11:49.640]  You only want to get asked for an opinion on the sufficiency of the filing.
[01:11:49.640 --> 01:11:56.640]  The guy asked him to rule that the foreclosure was improper because this document was fraudulent.
[01:11:56.640 --> 01:12:01.640]  And the court said, can't do that here.
[01:12:01.640 --> 01:12:04.640]  So only ask for the one thing.
[01:12:04.640 --> 01:12:08.640]  Did it meet the filing requirements?
[01:12:08.640 --> 01:12:09.640]  Nothing else.
[01:12:09.640 --> 01:12:10.640]  You get that one.
[01:12:10.640 --> 01:12:12.640]  Now you've got residue to cut off.
[01:12:12.640 --> 01:12:18.640]  Now you come back in the state court with a quiet title action.
[01:12:18.640 --> 01:12:30.640]  You get that, you bring that back to the federal court and that's an issue the feds have no power to revisit.
[01:12:30.640 --> 01:12:32.640]  Done deal.
[01:12:32.640 --> 01:12:35.640]  I really like Bushwack.
[01:12:35.640 --> 01:12:36.640]  Yeah.
[01:12:36.640 --> 01:12:46.640]  My problem, my only problem with doing that is, you know, being on the road all the time and state court being so direct rather than everything.
[01:12:46.640 --> 01:12:50.640]  Okay, wait, wait, wait, declaratory judgment is different.
[01:12:50.640 --> 01:12:52.640]  It's in Texas.
[01:12:52.640 --> 01:12:57.640]  If you file under 5103, nobody can be there.
[01:12:57.640 --> 01:13:01.640]  You just filed the documents that the judge rules on the pleadings.
[01:13:01.640 --> 01:13:13.640]  And in this case, since you're asking the court to rule on the four corners of the document.
[01:13:13.640 --> 01:13:23.640]  And how they relate to the state law, you can ask the court to rule without oral argument.
[01:13:23.640 --> 01:13:29.640]  Doesn't need to be any either this, the judge can look at the document and look at your evidence.
[01:13:29.640 --> 01:13:37.640]  And, you know, if you're if you've requested the notarial authentication, you didn't get it.
[01:13:37.640 --> 01:13:44.640]  Reasonable problem because to believe it's no good, you know, he can look at all of this and there's not much to argue about here.
[01:13:44.640 --> 01:13:56.640]  And if you can check with the Secretary of State and make sure the address you sent matches the address on file with Secretary of State, they can't argue about the address.
[01:13:56.640 --> 01:14:01.640]  There's nothing for them to argue about because the Secretary of State verifies.
[01:14:01.640 --> 01:14:08.640]  There is no need for argument. You should be able to get this done with just the face of the pleadings.
[01:14:08.640 --> 01:14:10.640]  Okay. Okay, good.
[01:14:10.640 --> 01:14:15.640]  Then I wouldn't need an attorney problem because I can't find one that'll do it.
[01:14:15.640 --> 01:14:20.640]  This is different than you might be able to find one to do declaratory judgment.
[01:14:20.640 --> 01:14:22.640]  Yeah, they're not. They're scared to touch it.
[01:14:22.640 --> 01:14:27.640]  I've talked to a couple and they say they can't take it.
[01:14:27.640 --> 01:14:29.640]  What are they afraid of?
[01:14:29.640 --> 01:14:34.640]  I have no idea. I told them exactly what I have, exactly what I'm looking to do.
[01:14:34.640 --> 01:14:37.640]  And they say we can't take that.
[01:14:37.640 --> 01:14:45.640]  Okay. Well, there are a lot of them. Lawyers don't like to do anything outside the lawyer box.
[01:14:45.640 --> 01:14:47.640]  Yeah.
[01:14:47.640 --> 01:14:55.640]  And that's because the thing the lawyer fears the most is missing something.
[01:14:55.640 --> 01:15:03.640]  He fears second is posing an improper or incorrect legal argument.
[01:15:03.640 --> 01:15:16.640]  So, you know, the law is so complex and convoluted that you can almost never be sure that you found everything.
[01:15:16.640 --> 01:15:20.640]  Lawyers don't like new issues.
[01:15:20.640 --> 01:15:24.640]  They don't want to get sanctioned for missing something important.
[01:15:24.640 --> 01:15:29.640]  So, they tend to specialize in certain things and they all have a set of standard documents.
[01:15:29.640 --> 01:15:33.640]  They just pull out the document and fill in the blanks.
[01:15:33.640 --> 01:15:37.640]  They don't want to do anything different because they filed this when it worked.
[01:15:37.640 --> 01:15:39.640]  They didn't get in trouble over it.
[01:15:39.640 --> 01:15:42.640]  They don't want to change it, so they don't want to try anything new.
[01:15:42.640 --> 01:15:44.640]  So, that's not surprising.
[01:15:44.640 --> 01:15:47.640]  But this shouldn't take that. This shouldn't be much of a problem.
[01:15:47.640 --> 01:15:49.640]  It's just simple.
[01:15:49.640 --> 01:15:57.640]  So, strictly the state law, you write it, you look up the filing requirements in the state law like here in Texas.
[01:15:57.640 --> 01:16:17.640]  13.001 says that a claim not properly authenticated and or proven and filed in the county record and properly filed in the county record is void as to the claimant.
[01:16:17.640 --> 01:16:41.640]  And then we have 51901bc2 that says that if a document is filed in the record and the signatory, there's nothing in the record to indicate that the entity that filed it or the signatory has a claim against the property then the document is fraudulent by definition.
[01:16:41.640 --> 01:16:47.640]  So, that's real clear. So, you can stand right on that law and get it tossed on the law.
[01:16:47.640 --> 01:16:56.640]  Okay, Randy Kelp, Deborah Stevenson, David Craig, Wheeler Law Radio, a call in number 512-646-1984. We'll be right back.
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[01:19:00.640 --> 01:19:29.640]  This is The Logos Radio Network.
[01:19:29.640 --> 01:19:37.640]  Okay, we are back. We're into Kelton, Debra, Steve and Teddy Craig. We move to our radio and we're talking to Rob in the Mexico.
[01:19:37.640 --> 01:19:45.640]  Rob, we really need to move along. We've got three callers and three segments. Do we have anything else to need to address?
[01:19:45.640 --> 01:19:49.640]  No, I'm good. Go ahead, take care of everybody else. Thank you very much.
[01:19:49.640 --> 01:20:02.640]  Thank you, Rob. Okay, now we're going to go to Carlos in California. Where have you been? It's been a while.
[01:20:02.640 --> 01:20:14.640]  Hola, Sr. Carlos. Did I put you to sleep? I don't hear any snoring.
[01:20:14.640 --> 01:20:25.640]  So it's possible I just bored him smooth to death. Okay, Carlos, I will try to come back to you later in case you're having audio difficulties.
[01:20:25.640 --> 01:20:38.640]  We're going to go to Jay in California. Hey, Randy. How do Jay? How are you? I am wonderful.
[01:20:38.640 --> 01:20:53.640]  I don't keep... Go ahead. Mixed news. I have gotten documentation that the judge in the case on my service dogs received a payment from the county of LA.
[01:20:53.640 --> 01:21:02.640]  The same county that the veterinarian said that she worked for with what we appeared before the judge.
[01:21:02.640 --> 01:21:13.640]  She was never made to give proof of it, but he overrode my right to my service dogs based on this, you know, based on her word.
[01:21:13.640 --> 01:21:22.640]  Even though I had a doctor's prescription from a doctor with congressional jurisdiction from the secretary of the VA,
[01:21:22.640 --> 01:21:27.640]  that they were indeed service dogs. The judge allowed her to take the service dogs.
[01:21:27.640 --> 01:21:38.640]  Well, in the process of me going forward to responding out about my mom's rights and my own rights, these were her service dogs as well.
[01:21:38.640 --> 01:21:44.640]  I told the judge, I said, listen, you can't take these dogs because they also belong to my mother.
[01:21:44.640 --> 01:21:48.640]  Even though she has Alzheimer's, she has a full right to her service dog.
[01:21:48.640 --> 01:22:01.640]  Well, as it turns out, I find out that the judge is on the tape from the county. From 2009, I calculate at least a quarter of a million dollars.
[01:22:01.640 --> 01:22:09.640]  The county has paid him in funds. So I'm looking at this. Now, they go all this just from 2009.
[01:22:09.640 --> 01:22:15.640]  The payments go back all the way back to 2001. So I'm quite sure we're well over a million and some.
[01:22:15.640 --> 01:22:19.640]  What's the nature of the payments?
[01:22:19.640 --> 01:22:23.640]  They call it cafeteria benefits.
[01:22:23.640 --> 01:22:29.640]  And they're given to judges to retain the judges in LA County.
[01:22:29.640 --> 01:22:40.640]  But the judge had a fiduciary duty to tell me that he was receiving payments from the county because this woman was claiming to work for the county and not producing any proof.
[01:22:40.640 --> 01:22:47.640]  If he did not reveal to me that he got payments from the county, I did not receive the fair trial.
[01:22:47.640 --> 01:22:55.640]  He tried to hear my rights or acknowledge the jurisdiction that I held as a veteran.
[01:22:55.640 --> 01:23:01.640]  This sounds like an issue you should appeal to a grand jury.
[01:23:01.640 --> 01:23:09.640]  That's what I'm thinking. So I'm actually going now. I'm looking at this whole thing and I'm trying to figure out, you know,
[01:23:09.640 --> 01:23:25.640]  to see what's what. Now, in the meantime, I've got the veterinary board from the state now questioning me for a decision from a case filed in 2010.
[01:23:25.640 --> 01:23:38.640]  And they, you know, they're going to make a decision within 10 days to either close it for insufficient evidence against the veterinarian's license for diagnosing for my disability.
[01:23:38.640 --> 01:23:48.640]  I've not been able to figure out what to do or how to answer to that letter just yet because of the information I'm just sharing with you.
[01:23:48.640 --> 01:23:53.640]  Because it changes the, it changes the total outcome of the case.
[01:23:53.640 --> 01:24:01.640]  Because now we also have the depraved partner's murder of my mother.
[01:24:01.640 --> 01:24:09.640]  How did we get to depraved hard on your mother? Well, they're her dog, Randy.
[01:24:09.640 --> 01:24:18.640]  And the thing was, was that her right, even though she might have had Alzheimer's, was not diminished until death.
[01:24:18.640 --> 01:24:34.640]  And because the court refused to listen to me when I told them that the situation that they came to know the dogs was under all of that, which was going on in another state.
[01:24:34.640 --> 01:24:37.640]  And I told them, I said, my mother has an interest in these dogs.
[01:24:37.640 --> 01:24:43.640]  My mother paid for the dogs to come to California because she said as soon as she would be here.
[01:24:43.640 --> 01:24:50.640]  And that meant that her ownership rights were not diminished. I was just the person that cared for them.
[01:24:50.640 --> 01:24:56.640]  The VA saw what I was doing with my mother in helping me try to take care of the dogs.
[01:24:56.640 --> 01:25:02.640]  And they established that these dogs were positive both for my mother and myself.
[01:25:02.640 --> 01:25:07.640]  Because of my service-connected disability with what was going on with me.
[01:25:07.640 --> 01:25:13.640]  So they labeled them service dogs. So that's how I came up with the term service dogs.
[01:25:13.640 --> 01:25:25.640]  And that's what the prescription was. It was for me to keep my service dogs to get through what I was dealing with for the court in New Jersey.
[01:25:25.640 --> 01:25:30.640]  And the VA worked. No, we still didn't get to depraved hard murder.
[01:25:30.640 --> 01:25:47.640]  Is it the position that had your mother had these dogs that it could have affected a different outcome?
[01:25:47.640 --> 01:25:54.640]  We don't know. We do know that she mother did respond to the dogs when I couldn't get her to do things for me.
[01:25:54.640 --> 01:25:57.640]  If I would say mother, get up and go do so and so she wouldn't do it.
[01:25:57.640 --> 01:26:02.640]  But if I said mother, get up and let the dogs out and then, you know, go into the kitchen and get something.
[01:26:02.640 --> 01:26:05.640]  She would go and be motivated to do something.
[01:26:05.640 --> 01:26:08.640]  She would be motivated to go and let the dogs out.
[01:26:08.640 --> 01:26:15.640]  She would be involved, take care of the dogs and gave her a reason to be happy for some reason.
[01:26:15.640 --> 01:26:21.640]  I found that in her dementia, that's what gave her pleasure.
[01:26:21.640 --> 01:26:29.640]  And it showed that she would respond to that. So I tried to keep it, you know, keep it that way.
[01:26:29.640 --> 01:26:36.640]  But we weren't animal collectors. How I found out about the dog was how I found out about her dementia in the first place.
[01:26:36.640 --> 01:26:40.640]  Because she couldn't follow simple instructions.
[01:26:40.640 --> 01:26:45.640]  And by that measurement, that's how I found out how fast she was declining.
[01:26:45.640 --> 01:26:52.640]  And by the time we found out, we had another set of puppies that was from identical circumstances within a year.
[01:26:52.640 --> 01:27:01.640]  And so those dogs that were born of that circumstance became my mother's care and charge because we took care of them.
[01:27:01.640 --> 01:27:07.640]  Yeah. Okay. Well, what I was trying to get to is the pray for murder. None of this yet goes through the pray for murder.
[01:27:07.640 --> 01:27:15.640]  But what happens was that with what happened to me with the dogs, Randy,
[01:27:15.640 --> 01:27:23.640]  I could never get back to New Jersey to tell my mother that we lost everything from initially what happened in New Jersey.
[01:27:23.640 --> 01:27:30.640]  So I explained to the court, I said, I need to make sure if I get the dogs back, I fought.
[01:27:30.640 --> 01:27:33.640]  The judge just ignored everything I said.
[01:27:33.640 --> 01:27:38.640]  And I said, these are my mother's dogs as well. He says they have nothing to do with your mother.
[01:27:38.640 --> 01:27:45.640]  I said, oh, yes, they do. They really do. And he tried to say that they have nothing to do with my mother or me.
[01:27:45.640 --> 01:27:49.640]  Okay. Well, I don't understand what this point is about. Where are we going there?
[01:27:49.640 --> 01:27:57.640]  The point is that my rights were violated. Randy, he ended my rights with the dogs.
[01:27:57.640 --> 01:28:03.640]  What do you want? We need to go somewhere because I'm running out of time. I've got to attack the callers.
[01:28:03.640 --> 01:28:08.640]  Well, what I'm trying to figure out is that I'm getting ready to do a nullification of his order.
[01:28:08.640 --> 01:28:22.640]  The court, the state agency is asking for the final order. And we don't have a final order because I have new evidence of the judge receiving payment from the county, which she worked for.
[01:28:22.640 --> 01:28:29.640]  Okay. Okay. Okay. And all of that, we got that. Do you file a motion to disqualify the judge?
[01:28:29.640 --> 01:28:32.640]  I have not yet, but I will.
[01:28:32.640 --> 01:28:34.640]  That would be the next step.
[01:28:34.640 --> 01:28:36.640]  Monday. Okay.
[01:28:36.640 --> 01:28:39.640]  A motion to disqualify for cause.
[01:28:39.640 --> 01:28:42.640]  Okay.
[01:28:42.640 --> 01:28:55.640]  And you might file a judicial conduct complaint against the judge because he had a duty to recuse himself and he failed to. And in California, you have a good grand jury system.
[01:28:55.640 --> 01:29:00.640]  I would start going toward a grand jury with these things.
[01:29:00.640 --> 01:29:10.640]  Cuse the judge of acting knowingly and deliberately to deny you and your rights when he knew he had a conflict of interest.
[01:29:10.640 --> 01:29:14.640]  Oh, wow. Okay.
[01:29:14.640 --> 01:29:21.640]  And see what a grand jury of your peers, not the judge's peers, thinks of that nonsense.
[01:29:21.640 --> 01:29:26.640]  Okay, this is we're about to go to break. I really need to move along, Jay.
[01:29:26.640 --> 01:29:29.640]  Okay. Yeah, that was what I needed from you.
[01:29:29.640 --> 01:29:31.640]  Okay, thank you.
[01:29:31.640 --> 01:29:41.640]  Okay. Okay. This is Randy Kelton, Debbie Stephen, Jenny Craig with our radio. Call in number 512-646-1984.
[01:29:41.640 --> 01:29:49.640]  I understand that Carlos is back from the back with the living. I'll pick you up on the other side, Carlos.
[01:29:49.640 --> 01:29:59.640]  Give us a call. We'll be right back.
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[01:31:59.640 --> 01:32:12.640]  You're listening to the Logos Radio Network at www.logosradionetwork.com
[01:32:12.640 --> 01:32:29.640]  Music
[01:32:29.640 --> 01:32:37.640]  Okay, we are back. Randy Kelton, Debra Steven, Zeddy Craig, Rude Law Radio, and we're going to Carlos in California.
[01:32:37.640 --> 01:32:41.640]  Hello, Sr. Carlos. Where have you been?
[01:32:41.640 --> 01:32:43.640]  Good, good. Am I on?
[01:32:43.640 --> 01:32:44.640]  You are on.
[01:32:44.640 --> 01:32:46.640]  All right, all right. Thank you.
[01:32:46.640 --> 01:32:51.640]  Well, I've been around in and out and trying to solve my foreclosure.
[01:32:51.640 --> 01:32:57.640]  And I wanted to update you on what I'm doing and hopefully it can help somebody else.
[01:32:57.640 --> 01:33:05.640]  Okay, if you recall, when I was foreclosed, I got my trusted deed upon sale,
[01:33:05.640 --> 01:33:10.640]  the document that they sent you when they sold you home, okay, in California.
[01:33:10.640 --> 01:33:15.640]  And on that document, my home did not sell, okay, it went back to Wells Fargo.
[01:33:15.640 --> 01:33:17.640]  Okay, good.
[01:33:17.640 --> 01:33:22.640]  So, it went back to Wells Fargo on that deed that they sent me says,
[01:33:22.640 --> 01:33:26.640]  the grantee that's Wells Fargo, right, because taking it back to Wells Fargo,
[01:33:26.640 --> 01:33:30.640]  says it was not for closing beneficiary.
[01:33:30.640 --> 01:33:32.640]  And I said, thank you.
[01:33:32.640 --> 01:33:36.640]  They didn't have the right to foreclose, right?
[01:33:36.640 --> 01:33:40.640]  Because only the foreclosing beneficiary has the right to foreclose.
[01:33:40.640 --> 01:33:42.640]  I know this sounds a little confusing to a lot of people.
[01:33:42.640 --> 01:33:47.640]  Go, wait, wait, wait. No, it's not the beneficiary that has it went to foreclose.
[01:33:47.640 --> 01:33:49.640]  It is the trustee.
[01:33:49.640 --> 01:33:56.640]  The beneficiary holds equitable title, the trustee holds legal title.
[01:33:56.640 --> 01:33:58.640]  Was MERS included in your deed of trust?
[01:33:58.640 --> 01:34:00.640]  No.
[01:34:00.640 --> 01:34:05.640]  Okay, then the trustee holds legal title, not the beneficiary.
[01:34:05.640 --> 01:34:10.640]  Yeah, but the beneficiary doesn't have,
[01:34:10.640 --> 01:34:15.640]  Wells Fargo was not the beneficiary, was not the beneficiary,
[01:34:15.640 --> 01:34:22.640]  and only the beneficiary can convey the power to sell, right?
[01:34:22.640 --> 01:34:29.640]  Right, the beneficiary must instruct the trustee to do the sale.
[01:34:29.640 --> 01:34:31.640]  Okay, now you didn't hear me.
[01:34:31.640 --> 01:34:35.640]  Wells Fargo was not the foreclosing beneficiary.
[01:34:35.640 --> 01:34:37.640]  Yeah, I heard you.
[01:34:37.640 --> 01:34:41.640]  So they didn't have the power to instruct the trustee.
[01:34:41.640 --> 01:34:43.640]  Exactly.
[01:34:43.640 --> 01:34:46.640]  Now, what am I doing now?
[01:34:46.640 --> 01:34:51.640]  I'm doing a lawful detainer.
[01:34:51.640 --> 01:34:53.640]  Why?
[01:34:53.640 --> 01:34:56.640]  I got this from an attorney.
[01:34:56.640 --> 01:35:03.640]  They're taking, did they take possession of the property?
[01:35:03.640 --> 01:35:08.640]  As soon as they found out, I was going to sue them about a year and a half ago.
[01:35:08.640 --> 01:35:11.640]  They conveyed the property to somebody else, right?
[01:35:11.640 --> 01:35:13.640]  Making it look like a sale.
[01:35:13.640 --> 01:35:17.640]  I know it's not a sale because I went to Tidal and there's only one document.
[01:35:17.640 --> 01:35:19.640]  And Tidal usually has about 60 pages.
[01:35:19.640 --> 01:35:21.640]  Okay, wait a minute.
[01:35:21.640 --> 01:35:22.640]  Hold on.
[01:35:22.640 --> 01:35:24.640]  One other issue while we're at this point.
[01:35:24.640 --> 01:35:30.640]  Go back to your deed of trust and I think it's 22.
[01:35:30.640 --> 01:35:35.640]  Covenant 22, the deed of trust, 22 or 23.
[01:35:35.640 --> 01:35:43.640]  That instructs the trustee that when there is a foreclosure sale, I'm sorry, it might be 19.
[01:35:43.640 --> 01:35:53.640]  When there's a foreclosure sale, they must convey the loan documents must be returned to you.
[01:35:53.640 --> 01:35:58.640]  If they're not returned to you, the sale is not complete.
[01:35:58.640 --> 01:36:00.640]  Can you repeat that again?
[01:36:00.640 --> 01:36:02.640]  Okay.
[01:36:02.640 --> 01:36:07.640]  You know, years ago, you used to hear about mortgage-burning parties.
[01:36:07.640 --> 01:36:14.640]  And that's because when you paid off the house, the deed of trust was returned to you.
[01:36:14.640 --> 01:36:16.640]  And then to have a big party and burn it.
[01:36:16.640 --> 01:36:23.640]  So that makes sure nobody else comes to you with that as a client.
[01:36:23.640 --> 01:36:31.640]  And it's in the deed of trust that when the trustee forecloses, he's to return the note and deed of trust back to you.
[01:36:31.640 --> 01:36:32.640]  Right.
[01:36:32.640 --> 01:36:33.640]  Okay.
[01:36:33.640 --> 01:36:36.640]  If he hasn't done that, the foreclosure is not complete.
[01:36:36.640 --> 01:36:38.640]  Okay, but this is my point.
[01:36:38.640 --> 01:36:42.640]  My point is that someone is in possession.
[01:36:42.640 --> 01:36:45.640]  This is what the attorney told me last Saturday.
[01:36:45.640 --> 01:36:51.640]  He says, well, do you believe someone foreclosing you unlawfully?
[01:36:51.640 --> 01:36:53.640]  I says, yes, I know that.
[01:36:53.640 --> 01:36:54.640]  He says, well, go get your house.
[01:36:54.640 --> 01:36:57.640]  I says, it's been occupied by some pretenders buyers.
[01:36:57.640 --> 01:36:59.640]  He says, kick them out.
[01:36:59.640 --> 01:37:01.640]  It's your house.
[01:37:01.640 --> 01:37:02.640]  It's your house.
[01:37:02.640 --> 01:37:04.640]  Do the same thing they did to you and then do a quiet title.
[01:37:04.640 --> 01:37:06.640]  And that's exactly what I'm doing.
[01:37:06.640 --> 01:37:08.640]  I placed a note.
[01:37:08.640 --> 01:37:11.640]  I sent, well, not me, some company, right?
[01:37:11.640 --> 01:37:12.640]  Some eviction company.
[01:37:12.640 --> 01:37:21.640]  I told them, I want to file a six-day notice to terminate any contract or any contract
[01:37:21.640 --> 01:37:23.640]  that they have with anybody.
[01:37:23.640 --> 01:37:29.640]  And I sent it to the purported new buyers.
[01:37:29.640 --> 01:37:35.640]  I noticed a scam because there's only one document in the title company.
[01:37:35.640 --> 01:37:37.640]  There's only one document.
[01:37:37.640 --> 01:37:41.640]  In Randall, there's more than one document when you buy a property.
[01:37:41.640 --> 01:37:44.640]  So anyway, I'm doing unlawful detainer.
[01:37:44.640 --> 01:37:47.640]  I'm sure they're not going to answer because I did place an agricultural lean.
[01:37:47.640 --> 01:37:49.640]  They never answer me.
[01:37:49.640 --> 01:37:51.640]  I sent them like 10 letters notifying them.
[01:37:51.640 --> 01:37:57.640]  And I did place an agricultural lean on everything that I put in there,
[01:37:57.640 --> 01:37:59.640]  on my preservation of interest.
[01:37:59.640 --> 01:38:01.640]  I added to my agricultural lean.
[01:38:01.640 --> 01:38:03.640]  Now they won't be able to sell it.
[01:38:03.640 --> 01:38:04.640]  Now my point is this.
[01:38:04.640 --> 01:38:05.640]  They won't answer.
[01:38:05.640 --> 01:38:06.640]  If they don't answer, good.
[01:38:06.640 --> 01:38:08.640]  I'm just going to have to affect them.
[01:38:08.640 --> 01:38:11.640]  Then now they're going to be forced to prove they bought it.
[01:38:11.640 --> 01:38:14.640]  They're going to be forced to prove they have the right to sell.
[01:38:14.640 --> 01:38:16.640]  Am I right or wrong?
[01:38:16.640 --> 01:38:18.640]  You're right.
[01:38:18.640 --> 01:38:26.640]  If you look in the public record, is it evident from the public record
[01:38:26.640 --> 01:38:37.640]  that the claimed beneficiary did not have standing according to the county recorders' records?
[01:38:37.640 --> 01:38:39.640]  Well, my point is this.
[01:38:39.640 --> 01:38:43.640]  It started all the world's second Wachovia and Wells Fargo.
[01:38:43.640 --> 01:38:45.640]  And I offered the Wells Fargo to pay them cash.
[01:38:45.640 --> 01:38:46.640]  It's $159,000.
[01:38:46.640 --> 01:38:48.640]  They had the right to collect.
[01:38:48.640 --> 01:38:50.640]  They never answered three letters.
[01:38:50.640 --> 01:38:52.640]  They cannot answer.
[01:38:52.640 --> 01:38:56.640]  Now, right on the deed, it says the grantee,
[01:38:56.640 --> 01:38:58.640]  Wells Fargo, was not a propulsive beneficiary.
[01:38:58.640 --> 01:38:59.640]  What else do you need?
[01:38:59.640 --> 01:39:00.640]  No.
[01:39:00.640 --> 01:39:01.640]  Okay, wait.
[01:39:01.640 --> 01:39:02.640]  Hold it.
[01:39:02.640 --> 01:39:05.640]  There's this important point that you stepped over here.
[01:39:05.640 --> 01:39:08.640]  Who was the original lender?
[01:39:08.640 --> 01:39:10.640]  I won't say it.
[01:39:10.640 --> 01:39:22.640]  Is there an assignment in the county record from the original lender to the entity who claimed to do the foreclosure?
[01:39:22.640 --> 01:39:24.640]  No, none.
[01:39:24.640 --> 01:39:25.640]  Okay.
[01:39:25.640 --> 01:39:34.640]  You can claim that the person who purchased the property knew full well that this convinced
[01:39:34.640 --> 01:39:43.640]  conveyance to him was improper because the evidence to support that is a matter of the public record.
[01:39:43.640 --> 01:39:55.640]  And whether the person had actual knowledge of the public record or not is irrelevant as he has imputed knowledge of what's in the public record.
[01:39:55.640 --> 01:40:10.640]  And according to the public record, the foreclosure sale had to be fraudulent because the entity claiming power to sell did not have power according to the public record.
[01:40:10.640 --> 01:40:14.640]  We don't care if he really had authority or not.
[01:40:14.640 --> 01:40:18.640]  What matters is what's filed in the record.
[01:40:18.640 --> 01:40:22.640]  So this buyer knew exactly what was in that record.
[01:40:22.640 --> 01:40:38.640]  We have a case law here in Texas that said that the buyer was on the courthouse steps at 10 o'clock to purchase the property at sale at nine o'clock.
[01:40:38.640 --> 01:40:46.640]  The person being foreclosed on filed a less pendants with the county recorder.
[01:40:46.640 --> 01:40:56.640]  And the court said the person that was standing on the courthouse steps at the time had knowledge of what was in the record.
[01:40:56.640 --> 01:40:59.640]  He cannot claim he did not.
[01:40:59.640 --> 01:41:04.640]  So if it's in the record, everybody has knowledge of it.
[01:41:04.640 --> 01:41:08.640]  That's why the legislature created that record.
[01:41:08.640 --> 01:41:12.640]  So these guys can't come to the court and say, well, I didn't know.
[01:41:12.640 --> 01:41:21.640]  I just went to an unlawful container here in last Thursday and the lawyer said, well, you know, there was a warranty deed to me in the record.
[01:41:21.640 --> 01:41:23.640]  Well, that warranty deed fraudulent.
[01:41:23.640 --> 01:41:28.640]  I said, well, maybe it is your honor, but he can't bring that issue to this court.
[01:41:28.640 --> 01:41:36.640]  And the judge asked me, well, Mr. Carlson, how long has that warranty deed been in us?
[01:41:36.640 --> 01:41:45.640]  They've been in there since March and they foreclosed in November and he asked the lawyer, didn't your clients look in the court record?
[01:41:45.640 --> 01:41:53.640]  And he said, well, your honor, with all the houses they're buying, they don't have time to go down and check the records on every house.
[01:41:53.640 --> 01:41:58.640]  And the judge had looked at him like, are you out of your mind?
[01:41:58.640 --> 01:42:04.640]  And I said, your honor, that's if they paid $200,000 for this property.
[01:42:04.640 --> 01:42:12.640]  It seemed like they would take five minutes and click on the Internet website and check to see what was in the record.
[01:42:12.640 --> 01:42:14.640]  I did.
[01:42:14.640 --> 01:42:19.640]  And the judge just stuck his head, put his head in his hand, kind of took his head.
[01:42:19.640 --> 01:42:21.640]  He's got some morons.
[01:42:21.640 --> 01:42:31.640]  And I had filed with this judge criminal accusations against the lawyer and against both purchasers.
[01:42:31.640 --> 01:42:42.640]  The fraudulent conversion, illegal conversion, aggravated perjury, felony tampering with the government document, and executing a document by deception.
[01:42:42.640 --> 01:42:46.640]  Verified criminal affidavits in the judge's hand.
[01:42:46.640 --> 01:42:56.640]  At the time, this lawyer was very subdued because he knew that this was right.
[01:42:56.640 --> 01:43:01.640]  So you want to look at imputed knowledge, that'll give you a good shot at these people.
[01:43:01.640 --> 01:43:02.640]  Okay.
[01:43:02.640 --> 01:43:05.640]  My point that I want to bring across to everybody.
[01:43:05.640 --> 01:43:08.640]  In 15 you've been, you've been doped, right?
[01:43:08.640 --> 01:43:10.640]  Most likely you had.
[01:43:10.640 --> 01:43:13.640]  On the left of the retainer, now they're going to have to come and prove.
[01:43:13.640 --> 01:43:20.640]  You don't have to do the non-BS that discovered that they don't want to do it.
[01:43:20.640 --> 01:43:22.640]  Now they're going to have to come and prove.
[01:43:22.640 --> 01:43:27.640]  They're going to have to prove they're bona fide buyers.
[01:43:27.640 --> 01:43:33.640]  They're going to have to prove that the bank had the right to first close, which I have proved they did not.
[01:43:33.640 --> 01:43:36.640]  And I'm going to do, like I said, I'm going to do a lawful retainer.
[01:43:36.640 --> 01:43:40.640]  I think I'm going to do a quiet title and accounting.
[01:43:40.640 --> 01:43:41.640]  That's it, buddy.
[01:43:41.640 --> 01:43:42.640]  Okay.
[01:43:42.640 --> 01:43:43.640]  Thank you.
[01:43:43.640 --> 01:43:45.640]  We're going to break.
[01:43:45.640 --> 01:43:46.640]  This is Randy Kelton there.
[01:43:46.640 --> 01:43:53.640]  Hey, Greg, we're going to the vlog radio, and we'll be right back on the other side.
[01:43:53.640 --> 01:44:08.640]  It is so enlightening to listen to 90.1 FM, but finding things on the internet is not so easy and neither is finding like minded people to share it with.
[01:44:08.640 --> 01:44:11.640]  Oh, well, I guess you haven't heard of Brave New Books Then.
[01:44:11.640 --> 01:44:12.640]  Brave New Books?
[01:44:12.640 --> 01:44:19.640]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[01:44:19.640 --> 01:44:23.640]  They even stock Interfood, Berkey products, and Calvin Soaps.
[01:44:23.640 --> 01:44:25.640]  There's no way a place like that exists.
[01:44:25.640 --> 01:44:31.640]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:31.640 --> 01:44:34.640]  Oh, by UT? There's never anywhere to park down there.
[01:44:34.640 --> 01:44:43.640]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:43.640 --> 01:44:46.640]  It does exist, but when are they open?
[01:44:46.640 --> 01:44:51.640]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[01:44:51.640 --> 01:44:59.640]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:44:59.640 --> 01:45:03.640]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:21.640 --> 01:46:25.640]  Okay, we are back. We're ready to help.
[01:46:25.640 --> 01:46:28.640]  Debra Stevenson did a great rule of law radio.
[01:46:28.640 --> 01:46:31.640]  And we're going to...
[01:46:31.640 --> 01:46:37.640]  Oh, I don't know if I can pronounce this one.
[01:46:37.640 --> 01:46:40.640]  Will you pronounce that for me?
[01:46:40.640 --> 01:46:44.640]  Oh, I am. Me, Shaq.
[01:46:44.640 --> 01:46:46.640]  Me, Shaq. Okay. Me, Shaq.
[01:46:46.640 --> 01:46:49.640]  What do you have for us today?
[01:46:49.640 --> 01:47:01.640]  Well, I was scheduled for a jury trial, and it was declared a missed trial, and the judge ordered a competency evaluation.
[01:47:01.640 --> 01:47:09.640]  And now I got to go to this place and get this evaluation.
[01:47:09.640 --> 01:47:21.640]  You should raise an objection to it as you do not approve of it, and you do not voluntarily engage in this.
[01:47:21.640 --> 01:47:36.640]  And therefore, a competency evaluation, any evaluation of this nature wherein you do not voluntarily participate cannot be valid.
[01:47:36.640 --> 01:47:45.640]  Okay. All right. Actually, I already... I filed a motion to vacate it, so...
[01:47:45.640 --> 01:47:51.640]  What was the reason for the evaluation, for the demand for evaluation?
[01:47:51.640 --> 01:48:03.640]  I was disrespectful to the court, and just like... I forget the judge went off on some bull.
[01:48:03.640 --> 01:48:09.640]  Then you ought to file against the judge and ask for the judge to get an evaluation.
[01:48:09.640 --> 01:48:18.640]  Yeah, I got... I've been listening, so I got the... Yeah, I'm working on the judicial misconduct complaint.
[01:48:18.640 --> 01:48:22.640]  No, file a motion for him to get an evaluation.
[01:48:22.640 --> 01:48:24.640]  Oh, really?
[01:48:24.640 --> 01:48:26.640]  Yeah, why not?
[01:48:26.640 --> 01:48:29.640]  All right. Also...
[01:48:29.640 --> 01:48:42.640]  Did the judge use language that would... that wasn't rude or disrespectful?
[01:48:42.640 --> 01:48:48.640]  No.
[01:48:48.640 --> 01:48:49.640]  Okay.
[01:48:49.640 --> 01:48:55.640]  What it do happen, he hasn't proved probable cause, and to order the hearing, you have to have probable cause.
[01:48:55.640 --> 01:49:01.640]  So that was the reason for my... for the motion to vacate. Among other things, but...
[01:49:01.640 --> 01:49:12.640]  You need to look at charge... If he ordered this evaluation because you vigorously adjudicated your rights,
[01:49:12.640 --> 01:49:23.640]  and this is becoming a common problem where judges use the psychological evaluation as a method of punishment,
[01:49:23.640 --> 01:49:30.640]  and accuse him of official oppression, and go see what a grand jury thinks of his reasons.
[01:49:30.640 --> 01:49:32.640]  Okay. Yeah, I actually...
[01:49:32.640 --> 01:49:33.640]  That...
[01:49:33.640 --> 01:49:37.640]  I have a... I have a criminal affidavit. I just need to get it signed by a judge.
[01:49:37.640 --> 01:49:38.640]  It's for...
[01:49:38.640 --> 01:49:40.640]  Why?
[01:49:40.640 --> 01:49:43.640]  Because it's federal charges.
[01:49:43.640 --> 01:49:47.640]  No, I don't get signed by a judge.
[01:49:47.640 --> 01:49:50.640]  They don't get signed by a judge?
[01:49:50.640 --> 01:49:52.640]  No.
[01:49:52.640 --> 01:49:53.640]  No?
[01:49:53.640 --> 01:49:58.640]  No, send it to a grand jury. It's signed by you.
[01:49:58.640 --> 01:50:04.640]  Well, I mean, it has to be... I'm pretty sure it has to be in the presence of a judge.
[01:50:04.640 --> 01:50:08.640]  No, it doesn't have to be any such thing. I filed a whole stack of them.
[01:50:08.640 --> 01:50:09.640]  It's...
[01:50:09.640 --> 01:50:14.640]  You have to file... You have to sign it in the presence of a notary.
[01:50:14.640 --> 01:50:16.640]  Oh, yeah.
[01:50:16.640 --> 01:50:20.640]  And have the notary authenticated.
[01:50:20.640 --> 01:50:21.640]  Hold on.
[01:50:21.640 --> 01:50:28.640]  And then send it to the judge certified mail and demand that he hold an examining trial.
[01:50:28.640 --> 01:50:34.640]  And when he doesn't, then you file criminal charges against the judge with the U.S. attorney
[01:50:34.640 --> 01:50:38.640]  and demand that he give it to the grand jury when he'll refuse.
[01:50:38.640 --> 01:50:43.640]  And then you file criminal charges against the U.S. attorney with the grand jury.
[01:50:43.640 --> 01:50:46.640]  And this is the way you do this in the fat.
[01:50:46.640 --> 01:50:53.640]  You send it to the foreman, the grand jury, restricted, registered, restricted.
[01:50:53.640 --> 01:50:59.640]  And put the complaint in an envelope and put a cover letter in there asking the foreman
[01:50:59.640 --> 01:51:08.640]  to initial this document and return it to you in the included stamp self-addressed envelope.
[01:51:08.640 --> 01:51:11.640]  Admonish him not to sign it.
[01:51:11.640 --> 01:51:18.640]  As the U.S. attorney has a rubber stamp with your name on it that he uses to rubber stamp
[01:51:18.640 --> 01:51:20.640]  superseding indictments.
[01:51:20.640 --> 01:51:25.640]  And you want to be sure that the U.S. attorney didn't secret this document from you
[01:51:25.640 --> 01:51:29.640]  and simply place his rubber stamp on it.
[01:51:29.640 --> 01:51:34.640]  The U.S. attorney will get this and he will open it.
[01:51:34.640 --> 01:51:37.640]  And when he looks at that, he's going to say,
[01:51:37.640 --> 01:51:44.640]  oops, somebody knows what's going on here.
[01:51:44.640 --> 01:51:55.640]  And then once you've done that, if the U.S. attorney says anything to you that you can be,
[01:51:55.640 --> 01:52:06.640]  that you can consider is in any way intended to frighten or intimidate you,
[01:52:06.640 --> 01:52:12.640]  then you send a set of complaints back to the grand jury against the U.S. attorney
[01:52:12.640 --> 01:52:16.640]  for tampering with the witness obstruction of justice.
[01:52:16.640 --> 01:52:18.640]  Well, it's just really great.
[01:52:18.640 --> 01:52:27.640]  The affidavit is that the charges are, the federal charges, it's Title 18, 242,
[01:52:27.640 --> 01:52:31.640]  and Title 18 tips we warn.
[01:52:31.640 --> 01:52:36.640]  Someone told me that I had to get it signed by a magistrate or a judge.
[01:52:36.640 --> 01:52:39.640]  No, no, no, that's not how it works.
[01:52:39.640 --> 01:52:42.640]  You don't have to get it sworn by a magistrate, sorry.
[01:52:42.640 --> 01:52:45.640]  No, you don't even need it sworn by a magistrate.
[01:52:45.640 --> 01:52:48.640]  You need it sworn by a notary.
[01:52:48.640 --> 01:52:56.640]  And then you can present it to a judge and ask the judge to hold an examining trial.
[01:52:56.640 --> 01:53:01.640]  He doesn't sign the complaint.
[01:53:01.640 --> 01:53:13.640]  What he would be required to do is issue an order stating whether or not he finds probable cause.
[01:53:13.640 --> 01:53:18.640]  And it's interesting because all of the judges are magistrates,
[01:53:18.640 --> 01:53:20.640]  and they even have federal magistrates.
[01:53:20.640 --> 01:53:26.640]  Again, go down to the federal court, and I did this in Fort Lauderdale, Florida,
[01:53:26.640 --> 01:53:32.640]  and find out when they're having bail hearings for people who've been arrested.
[01:53:32.640 --> 01:53:35.640]  And they'll be brought before a magistrate.
[01:53:35.640 --> 01:53:38.640]  So you go into the courtroom and just sit down.
[01:53:38.640 --> 01:53:42.640]  Now, when I did it, I called the marshal over and told the marshal,
[01:53:42.640 --> 01:53:46.640]  my name's Randall Kelton, and struck the magistrate that I have business with court.
[01:53:46.640 --> 01:53:49.640]  And the magistrate said, may I tell him the nature of the business?
[01:53:49.640 --> 01:53:50.640]  He may not.
[01:53:50.640 --> 01:53:52.640]  I have business with the court, and none of you are dismissed.
[01:53:52.640 --> 01:53:53.640]  And I went and sat down.
[01:53:53.640 --> 01:53:58.640]  Well, that kind of pealed him, so he didn't tell the magistrate.
[01:53:58.640 --> 01:54:03.640]  So the magistrate finished the hearing, and everybody's getting up to leave,
[01:54:03.640 --> 01:54:05.640]  and I stood up in the courtroom and yelled out,
[01:54:05.640 --> 01:54:10.640]  I have business with the court.
[01:54:10.640 --> 01:54:13.640]  The marshal almost came undue.
[01:54:13.640 --> 01:54:16.640]  I thought they were going to jump over the bar after me.
[01:54:16.640 --> 01:54:19.640]  And the magistrate said, well, who are you?
[01:54:19.640 --> 01:54:21.640]  I said, I'm Randall Kelton.
[01:54:21.640 --> 01:54:22.640]  Well, okay.
[01:54:22.640 --> 01:54:26.640]  And she instructed the, you know, everybody can leave if they want to.
[01:54:26.640 --> 01:54:27.640]  You can stay.
[01:54:27.640 --> 01:54:32.640]  She asked the prosecutor to stay and the court reporter to stay.
[01:54:32.640 --> 01:54:40.640]  And in this case, I was jerking her around over videoing in the courtroom.
[01:54:40.640 --> 01:54:47.640]  But in that case, you tell the judge, you know, you go into the court with a sealed
[01:54:47.640 --> 01:54:54.640]  folder called the bailiff over the U.S. marshal and tell the marshal your name first,
[01:54:54.640 --> 01:54:57.640]  because you don't want to ask any questions.
[01:54:57.640 --> 01:55:03.640]  My name is instructed judge that I have business with the court.
[01:55:03.640 --> 01:55:05.640]  They will always say the same thing.
[01:55:05.640 --> 01:55:07.640]  May I tell the judge the nature of the business?
[01:55:07.640 --> 01:55:11.640]  Yes, you may give him the judge this.
[01:55:11.640 --> 01:55:15.640]  Hand him the folder, go sit down.
[01:55:15.640 --> 01:55:24.640]  And if the magistrate says anything else, tell him you're dismissed, go sit down.
[01:55:24.640 --> 01:55:28.640]  You want to walk away from him and go sit down.
[01:55:28.640 --> 01:55:34.640]  If he comes over to talk to you anymore, stand up in the courtroom and ask the judge to get
[01:55:34.640 --> 01:55:36.640]  this bailiff to go away and leave you alone.
[01:55:36.640 --> 01:55:41.640]  I've done that in court before and it was absolutely a hoot.
[01:55:41.640 --> 01:55:44.640]  So generally, the bailiff won't say anything.
[01:55:44.640 --> 01:55:48.640]  He'll just take the paperwork and go give it to the judge.
[01:55:48.640 --> 01:55:58.640]  Once the judge opens it and looks at the document and sees that it is a verified criminal affidavit,
[01:55:58.640 --> 01:56:03.640]  that invokes the judge's duty under Gerstein Pugh.
[01:56:03.640 --> 01:56:06.640]  And the judge will know exactly what Gerstein Pugh is.
[01:56:06.640 --> 01:56:10.640]  And you can find it if you go to jurisimprudence.com.
[01:56:10.640 --> 01:56:13.640]  That's one of my websites.
[01:56:13.640 --> 01:56:18.640]  And when you go to jurisimprudence.com, you open the site and on the left-hand side,
[01:56:18.640 --> 01:56:23.640]  there's a bunch of frogs on the front of it because I called this the Frog Farm Conspiracy.
[01:56:23.640 --> 01:56:31.640]  Top frog on the left goes to a bit of habeas corpus on due process.
[01:56:31.640 --> 01:56:39.640]  And right at the beginning, it discusses the duty to bring an arrested person before magistrate
[01:56:39.640 --> 01:56:41.640]  for an examining trial.
[01:56:41.640 --> 01:56:46.640]  It goes directly to Gerstein Pugh.
[01:56:46.640 --> 01:56:51.640]  The judge will probably refuse to hold a hearing.
[01:56:51.640 --> 01:56:58.640]  He'll very kindly instruct you that you really need to file this with the U.S. Attorney.
[01:56:58.640 --> 01:57:03.640]  And you tell the judge, well, I filed it with you if you want the U.S. Attorney to have it.
[01:57:03.640 --> 01:57:05.640]  I guess you'll send it to him.
[01:57:05.640 --> 01:57:09.640]  But you do whatever you want to with it.
[01:57:09.640 --> 01:57:11.640]  And now you've bound the judge.
[01:57:11.640 --> 01:57:16.640]  If the judge fails to hold an examining trial and then follow the records with the clerk of the court,
[01:57:16.640 --> 01:57:18.640]  you come back and file against the magistrate.
[01:57:18.640 --> 01:57:23.640]  Everything is political.
[01:57:23.640 --> 01:57:25.640]  It's not about law.
[01:57:25.640 --> 01:57:28.640]  It's about politics.
[01:57:28.640 --> 01:57:36.640]  If you squeak loud enough, they'll make your stuff go away just to get rid of you.
[01:57:36.640 --> 01:57:39.640]  Does that make sense?
[01:57:39.640 --> 01:57:43.640]  Yes.
[01:57:43.640 --> 01:57:55.640]  Someone had told me, well, no, it's for federal criminal affidavits pursuant to Rule 3 of the Federal Laws of Criminal Procedure.
[01:57:55.640 --> 01:58:01.640]  It says they have to be made under oath before a magistrate or a judge.
[01:58:01.640 --> 01:58:04.640]  No, made under oath before a notary.
[01:58:04.640 --> 01:58:05.640]  Anybody can do it.
[01:58:05.640 --> 01:58:07.640]  A judge can do it.
[01:58:07.640 --> 01:58:12.640]  But any notary can do the same thing.
[01:58:12.640 --> 01:58:13.640]  Okay.
[01:58:13.640 --> 01:58:14.640]  Okay.
[01:58:14.640 --> 01:58:15.640]  I'm sorry.
[01:58:15.640 --> 01:58:16.640]  We're out of time.
[01:58:16.640 --> 01:58:17.640]  Yeah, let's go to any magistrate.
[01:58:17.640 --> 01:58:18.640]  I've done it before.
[01:58:18.640 --> 01:58:19.640]  Any magistrate.
[01:58:19.640 --> 01:58:22.640]  Just all they have to do is, all he has to be is notify us.
[01:58:22.640 --> 01:58:23.640]  That makes it verified.
[01:58:23.640 --> 01:58:27.640]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[01:58:27.640 --> 01:58:29.640]  Tony, I'm sorry we couldn't get to you.
[01:58:29.640 --> 01:58:31.640]  We're out of time.
[01:58:31.640 --> 01:58:34.640]  Eddie and Deborah will be back Monday.
[01:58:34.640 --> 01:58:37.640]  And we and Deborah will be back next Thursday.
[01:58:37.640 --> 01:58:41.640]  Thank you all for listening and good night.
[01:58:41.640 --> 01:58:42.640]  Thank you.
[01:58:42.640 --> 01:58:43.640]  Bye.
[01:58:43.640 --> 01:59:11.640]  Thank you.
[01:59:11.640 --> 01:59:18.640]  Thank you.
[01:59:41.640 --> 01:59:56.640]  Thank you.