ROL_2013-04-19_16k_Hr3-4.timecode

[00:00.000 --> 00:10.000]  You're listening to Deliberty Beat, your daily source for Liberty News and activist updates
[00:10.000 --> 00:15.000]  online at DelibertyBeats.com.
[00:15.000 --> 00:19.000]  John Bush here with your Liberty Beat for April 19, 2013.
[00:19.000 --> 00:22.000]  Gold open today at $1,401.
[00:22.000 --> 00:26.000]  Silver at $23.56 and Bitcoin is trading at $119.
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[00:41.000 --> 00:44.000]  And support comes from tomorrowsmealstoday.com.
[00:44.000 --> 00:49.000]  South Austin Market Days every Saturday from 3 to 7 p.m. at 10106 Manchak Road.
[00:49.000 --> 00:58.000]  And now the news. About 13 miles north of Waco, Texas, an explosion leveled a large portion of the small town of West Texas on Wednesday.
[00:58.000 --> 01:07.000]  West Texas, previously most famously known for its check stop, which sells Czech cuisine, has now attained new infamy for the blast that killed over 35 people.
[01:07.000 --> 01:13.000]  The blast occurred at a fertilizer plant and set a massive mushroom-like explosive fireball into the central Texas sky.
[01:13.000 --> 01:19.000]  The explosion was classified by the U.S. Geological Survey as a 2.1 magnitude earthquake on the Richter scale.
[01:19.000 --> 01:22.000]  70 homes were destroyed in large blocks of tiny West.
[01:22.000 --> 01:26.000]  Texas were evacuated due to fear of additional explosions.
[01:26.000 --> 01:32.000]  KVU News reports one man looking for family in West Texas described that the scene was like a nuclear bomb.
[01:32.000 --> 01:37.000]  Others described the chaotic damage as a war zone similar to Iraq or the Oklahoma City bombing.
[01:37.000 --> 01:47.000]  Key New Hampshire Liberty activist Rich Paul's fate is in limbo today as yesterday a jury in Cheshire County, New Hampshire,
[01:47.000 --> 01:51.000]  convicted him of five felony counts of selling marijuana and LSD.
[01:51.000 --> 01:56.000]  Paul, who pleaded not guilty, argued that he never sold what prosecutors claimed was LSD.
[01:56.000 --> 02:03.000]  Rich Paul is the founder of Keynes' famous 420 celebrations, which have transformed public areas of the small town into cannabis smokings.
[02:03.000 --> 02:07.000]  Following the conviction, Rich Paul now faces up to 81 years in prison.
[02:12.000 --> 02:17.000]  A deadly attack at the Military Institute of Technology in Boston, Massachusetts has left a police officer dead.
[02:17.000 --> 02:24.000]  According to USA Today, an officer with the campus police was murdered by gunfire at about 10.30 p.m. eastern time on Thursday evening.
[02:24.000 --> 02:29.000]  Following the shooting, the campus, which hosts 11,000 students at the university, shut down portions of its campus
[02:29.000 --> 02:32.000]  and put police and students on high alert for further violence.
[02:32.000 --> 02:38.000]  The timing of the murder escalates tensions in Boston as a bomb at the Boston Marathon on Monday killed three and injured over 30.
[02:38.000 --> 03:03.000]  That explosion has been deemed an act of terrorism by the highest officials in the United States government.
[03:08.000 --> 03:35.000]  We are back, Randy Kelton, Deborah Stevens, and Rue Vla Radio.
[03:35.000 --> 03:41.000]  And we're talking to Jason in Texas.
[03:41.000 --> 03:48.000]  Okay, Jason, where were we?
[03:48.000 --> 03:50.000]  Are you there, Jason?
[03:50.000 --> 03:51.000]  I'm here. Can you hear me?
[03:51.000 --> 03:52.000]  Yes.
[03:52.000 --> 03:54.000]  Okay.
[03:54.000 --> 04:01.000]  I was calling. I had a question about our insurance code here in Texas. It's kind of tied into the business of commerce code.
[04:01.000 --> 04:03.000]  Oh, right.
[04:03.000 --> 04:12.000]  I'm currently dealing with a insurance settlement for a total loss auto with my insurer and they're going to give me a settlement.
[04:12.000 --> 04:21.000]  Probably with them. I've still, I've been going back and forth with them negotiating the amount and I'm just concerned about accepting the check
[04:21.000 --> 04:31.000]  and which will be an instrument for court and satisfaction if I'm going to be waiving my right to later take action against them.
[04:31.000 --> 04:32.000]  Yes, you are.
[04:32.000 --> 04:36.000]  That's what I was worried about.
[04:36.000 --> 04:47.000]  Yeah. If you accept the check and sign it, then you've entered into contract and this is, they're going to have an agreement.
[04:47.000 --> 04:51.000]  They're going to want you to sign where you waive all claim.
[04:51.000 --> 05:00.000]  Now, are medical issues involved in this particular claim?
[05:00.000 --> 05:09.000]  My wife was the one in the accident. I'm handling the collision part currently and we're chief still working with the district justice for the injury.
[05:09.000 --> 05:20.000]  Okay. The collision part, if you sign an agreement on the collision part, it won't affect the personal injury unless they sneak it in the contract.
[05:20.000 --> 05:21.000]  Okay.
[05:21.000 --> 05:25.000]  So make sure you read the entire contract.
[05:25.000 --> 05:31.000]  Okay. Yeah, I was definitely going to make sure that it was only for collision only.
[05:31.000 --> 05:34.000]  Do you have a smartphone?
[05:34.000 --> 05:36.000]  Yes, I do.
[05:36.000 --> 05:43.000]  Well, when they give you the contract to read it, first thing you do is take your smartphone, take a photo of it.
[05:43.000 --> 05:45.000]  I photograph every page.
[05:45.000 --> 05:47.000]  Okay.
[05:47.000 --> 05:58.000]  Do it right in front of them because they're going to have you sign it. Then they're going to take it back and make a copy.
[05:58.000 --> 06:09.000]  If you have photographed it, then you can be certain if the copy that they bring you back is the same as the one you signed.
[06:09.000 --> 06:23.000]  And if later you get into court anywhere, you have an accurate photograph of what you actually signed so you can compare it to any document they produce.
[06:23.000 --> 06:32.000]  With the technology we have now, if they bring you a photocopy, you have no idea.
[06:32.000 --> 06:39.000]  So what that'll do is give them fair warning that you're paying attention.
[06:39.000 --> 06:41.000]  Oh, yeah.
[06:41.000 --> 06:51.000]  I think they've already got that warning several times through my email communications with my gesture and my gesture manager with the insurance company.
[06:51.000 --> 06:57.000]  Good. Good. And that will probably, you know, the more you do that, the bigger the offer they're likely to give you.
[06:57.000 --> 07:04.000]  Oh, yeah. I've already got them to increase my offer 50% from the initial offer.
[07:04.000 --> 07:19.000]  Well, that's pretty standard of what they do. They figure out what the payout should be and they'll give you a real low ball offer in the first place and you'd be surprised how many people take it.
[07:19.000 --> 07:21.000]  Oh, yeah.
[07:21.000 --> 07:32.000]  I mean, that's my big problem with them now because my claim, I've already filed a complaint as well with TDI, Texas Department of Insurance, which I'm really not expecting a whole lot from them, but I figured that...
[07:32.000 --> 07:44.000]  Oh, they get real excited about that kind of thing. You don't expect them to do anything, but the insurance company, this gets a mark on their record that never goes away.
[07:44.000 --> 07:48.000]  Oh, yeah. Oh, yeah. That's why I went there before I went ahead and went that route.
[07:48.000 --> 07:51.000]  They get real excited about that. So, good.
[07:51.000 --> 08:12.000]  And if they pretty much have a bad faith claim, that's what I was wondering, where in the Business and Commerce Code 3.311, Accord and Satisfaction by Use of Instruments, subsection A states that subsection B through D apply if a person against summer claim is asserted proves that one, the person in good faith,
[08:12.000 --> 08:22.000]  tendered an instrument to the claimant as full satisfaction. So, if I can prove that it wasn't tended in good faith, then am I... would I still be able to take action?
[08:22.000 --> 08:33.000]  That is a good question. And it's... that's beyond my area of knowledge. The only thing I could do is a wild guess.
[08:33.000 --> 08:45.000]  But we must consider that every word in the statute was put there on purpose.
[08:45.000 --> 08:54.000]  So, if that limiting term was in there, it was intended to be there.
[08:54.000 --> 09:08.000]  So, my guess would is absolutely you could. Well, most any time, if you can show lack of full disclosure, I think that's the only way you're going to get to that.
[09:08.000 --> 09:23.000]  If the document has full disclosure, even if it's produced in bad faith, if it's clear on its face what it says, and you agree to it, you'll be bound to it.
[09:23.000 --> 09:36.000]  Okay. Well, I guess my main complaining is to ensure is the evaluation report that they used to determine the settlement value of the lost vehicle, which is my vehicle that had the damage,
[09:36.000 --> 09:48.000]  and the comparable vehicle that they used to get the value of my vehicle. The document on the front page states in the top that has JD Power and Associates on the top left
[09:48.000 --> 09:58.000]  and Mitchell International's emblem on the top right, which I guess is supposed to portray that this document comes from these two companies,
[09:58.000 --> 10:06.000]  which it doesn't. It's a computer system software that the insurers purchased from these companies and used to make this document.
[10:06.000 --> 10:19.000]  But the whole time the adjuster has portrayed to me that she's even stated too that TDI approves their method JD Power and Associates method, which JD Power and Associates has nothing to do with this.
[10:19.000 --> 10:24.000]  The insurance company is using computer software and making this document.
[10:24.000 --> 10:30.000]  Well, have you had a private assessment of the...
[10:30.000 --> 10:37.000]  I haven't got it previously yet. Yeah, get a private assessment of the claim.
[10:37.000 --> 10:46.000]  That's the only way you'll get standing to raise an issue over whether their method of determining the amount of the claim is viable or not.
[10:46.000 --> 10:48.000]  Okay.
[10:48.000 --> 11:02.000]  Because they've already... I mean, they've already kind of went around that they shouldn't have gone because they claim the vehicle a total loss, which according to transportation codes that have its motor vehicle, the damage to the vehicle has to exceed the actual cash value of the vehicle,
[11:02.000 --> 11:13.000]  which the damages on our vehicle don't exceed the value. But they declared it a total loss, which is going to cost them more money, so I'm just running with it.
[11:13.000 --> 11:19.000]  Good. But my difficulty here is insurance is not my area, so...
[11:19.000 --> 11:21.000]  Yeah, yeah.
[11:21.000 --> 11:24.000]  I have a little experience with it, but not a lot.
[11:24.000 --> 11:32.000]  Okay. Yeah, I've been... I've listened to your show, I guess, three or four times. I listened to Alex Jones as well as a previous caller said.
[11:32.000 --> 11:45.000]  And Craig came on there and that's when I started listening to Rural Law Radio. This is probably about five to six shows. And I was just comparing about this settlement. If I check if that's going to pretty much wave all of my rights,
[11:45.000 --> 11:59.000]  because according to Uniform Commercial Code 1308, you can reserve your rights in A, but in B, it says that reserving your rights doesn't apply to accordance with satisfaction.
[11:59.000 --> 12:01.000]  Exactly.
[12:01.000 --> 12:15.000]  If you agree to waive certain of your rights and you do that with full disclosure, then you've waived them. But that does go to full disclosure.
[12:15.000 --> 12:34.000]  And when you mentioned that earlier about when you signed the contract, that the contract's produced in bad faith, it would essentially, in order to be able to show bad faith, you'd have to show that everything wasn't in the contract.
[12:34.000 --> 12:40.000]  That would make it lacking full disclosure.
[12:40.000 --> 12:55.000]  And that's about the only thing that'll get you a claim on a contract you signed, unless the contract is unconscionable on its face, either illegal or unconscionable.
[12:55.000 --> 13:17.000]  Unconscionable means that one side gains a benefit without a corresponding benefit to the other. So that portion of the contract acts to the harm of one of the participants.
[13:17.000 --> 13:34.000]  Like when a bank requires that you do a certain thing that benefits them, but you don't get a corresponding decrease in the amount you have to pay or some other corresponding benefit, then that's unconscionable.
[13:34.000 --> 13:47.000]  There are others that are just planning out to be legal, like Texas Deeds, like all the Deeds of Trust in Texas that have MERS in them. They're all illegal.
[13:47.000 --> 13:50.000]  Okay.
[13:50.000 --> 14:05.000]  Okay, go ahead.
[14:05.000 --> 14:13.000]  That's a very good idea. This is an area that takes a special expertise.
[14:13.000 --> 14:21.000]  And you might tell the attorney how much you're about to get and ask him if he can get you anymore and you'll pay him half of what he can get.
[14:21.000 --> 14:30.000]  Then he'll, that'll tell you if you're in good shape or not. If he decides not to take the case, that means you've done pretty good.
[14:30.000 --> 14:32.000]  Okay.
[14:32.000 --> 14:40.000]  If he decides to take the case and he gets a portion of the increase he can make, then you can't lose.
[14:40.000 --> 14:45.000]  Okay.
[14:45.000 --> 14:53.000]  Okay, thank you for calling. Now we're going to go to Daryl in Texas.
[14:53.000 --> 14:57.000]  Hello, Mr. Daryl. What do you have for us today?
[14:57.000 --> 14:59.000]  Mr. Randy, how are you?
[14:59.000 --> 15:01.000]  I am doing well.
[15:01.000 --> 15:14.000]  Okay. The banks have foreclosed on a property that they did not own.
[15:14.000 --> 15:20.000]  And this happened about four years ago. It happened under four years ago.
[15:20.000 --> 15:35.000]  Is there a statute of limitation in place where I could go back and sue the bank for wrongful foreclosure?
[15:35.000 --> 16:01.000]  Yes and no, it depends. If a document is improperly filed in the court record, one that is defined by 51901 as fraudulent, and it is not challenged within four years, then it becomes valid as a matter of law.
[16:01.000 --> 16:25.000]  However, if a deed of trust is filed in the record and that deed of trust was secured by fraud, then the fraud statute is invoked and the clock does not start until the fraud is discovered.
[16:25.000 --> 16:46.000]  So in this case, you would want to get an analysis of some sort, a securities analysis, or some expert to analyze the documentation so they come to you and say, hey, I examined this documentation this day, and this is the fraud I found.
[16:46.000 --> 16:53.000]  Now, it was obvious in the record, but you were just an ordinary person. You can't be expected to know that. That'll start the clock that day.
[16:53.000 --> 17:01.000]  Hang on. This is ready to count Debra Stevens and Eddie Craig. We'll move to our radio. We'll be right back.
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[18:02.000 --> 18:07.000]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[18:59.000 --> 19:02.000]  To learn how to stop debt collectors now.
[19:29.000 --> 19:45.000]  All right, we are back. Randy Kelton, Debra Stevens, Rule of Law Radio, and we're talking to Darryl in Texas.
[19:45.000 --> 19:50.000]  We were talking to Darryl in Texas. There we go. Okay.
[19:50.000 --> 20:03.000]  Okay, Randy, so there is still something that can be done in this situation, even though the house has been sold, someone else owns it and all of this.
[20:03.000 --> 20:16.000]  Well, look at it this way. If I came in and claimed that I had a claim against your property, and let's say you were in the hospital,
[20:16.000 --> 20:33.000]  and you got memory loss, and I know about it, so I go down and file a claim against your property and claim that I have a right to enforce this lien and I foreclose on your property and take it.
[20:33.000 --> 20:43.000]  And then six months later, you come out of the coma and you don't remember anything and it takes you three, four years.
[20:43.000 --> 20:50.000]  And you come to your senses and you find out your property is gone.
[20:50.000 --> 20:59.000]  And you find out that I stole it, theft by deception.
[20:59.000 --> 21:02.000]  Would you have a claim?
[21:02.000 --> 21:03.000]  Yes.
[21:03.000 --> 21:26.000]  Of course you'd have a claim. So these transactions are so complex that we have special laws to protect the public when the public is a consumer and is not considered a sophisticated purchaser.
[21:26.000 --> 21:35.000]  This would apply even to a loan broker when he buys his own house or a real estate agent when he buys his own house.
[21:35.000 --> 21:41.000]  In this case, he's considered not to be a sophisticated purchaser.
[21:41.000 --> 21:51.000]  So he's not expected to know all of the ways he can be defrauded in the paperwork and in the practices.
[21:51.000 --> 22:03.000]  So any action that would violate the consumer protection laws would also lend themselves toward fraud.
[22:03.000 --> 22:08.000]  This has been an issue that have been kind of working out.
[22:08.000 --> 22:13.000]  The legislature created the consumer protection laws.
[22:13.000 --> 22:23.000]  Since the consumer protection laws were not included in Constitution, that they were a remedy the legislature created itself.
[22:23.000 --> 22:32.000]  The legislators were at will to limit the exercise of that remedy anyway they chose to.
[22:32.000 --> 22:38.000]  So what they did was they did a lot of song and dance and seltzer down your pants.
[22:38.000 --> 22:51.000]  They waived the Truth and Lending Act and the real estate settlement procedures act in front of us as if it were the absolute bastion against the evil banks.
[22:51.000 --> 23:03.000]  But then they set the limitations on when you could apply it so short as to make it functionally worthless.
[23:03.000 --> 23:09.000]  However, they do some other things.
[23:09.000 --> 23:31.000]  As a unsophisticated consumer, when I go to purchase a property, I exercise due diligence in that I only deal with licensed professionals who are subject to government oversight and I trust my government to do the proper oversight.
[23:31.000 --> 23:52.000]  And I have the consumer protection laws in place that because these licensed professionals are subject to government oversight, it generates reasonable expectation of good faith and fair dealing.
[23:52.000 --> 24:07.000]  And the courts have said that the consumer has a right to an expectation of good faith and fair dealing on the part of the banks and all of these licensed professionals.
[24:07.000 --> 24:23.000]  And my fiduciaries, my fiduciaries have a fiduciary duty to act in good faith and not do any self-dealing. They must act in my interest as my fiduciary.
[24:23.000 --> 24:38.000]  So this creates the expectation that they will and the fact that we have governmental oversight agencies creates the expectation that I don't have to become a real estate professional just to buy a house.
[24:38.000 --> 24:48.000]  I can put some good faith and trust in these people that they will do things the way they're required to do.
[24:48.000 --> 25:13.000]  And when they fail to do those things, even though it's beyond the statutory limitation of the statute that was created by the legislature, the statute created an expectation and I should be able to adjudicate a violation of that expectation.
[25:13.000 --> 25:35.000]  Well, fortunately, both mortgages and deeds of trust contain a serviceability clause. That's what it's called in law, but what it essentially states is that both parties are to abide by all law, all relevant law.
[25:35.000 --> 26:02.000]  This way, if someone has violated a provision of the Truth and Lending Act or the good, the real estate settlement procedures act, then they have violated a relevant law and are therefore in breach of the contract.
[26:02.000 --> 26:21.000]  So we can take Truth and Lending Act, real estate settlement procedures act and make all of those claims under breach of contract instead of under the remedies that the legislature provided.
[26:21.000 --> 26:28.000]  We don't really need their remedy. Their remedy is relatively false anyway.
[26:28.000 --> 26:36.000]  We can take them under breach of contract and we can't claim breach of contract unless we know it.
[26:36.000 --> 26:43.000]  And if somebody is going to breach your contract, it's unlikely they're going to come and wave it in your face.
[26:43.000 --> 27:01.000]  Now, you may know that the lender has sold your property. Well, you think you know. Under law, you don't know until you have concrete incontrovertible evidence.
[27:01.000 --> 27:24.000]  If you don't have that, you just think it. It's like when a lawyer sends you a demand for payment from the bank and claims that the bank has authority to enforce your note, even though the bank's name is not on it.
[27:24.000 --> 27:36.000]  People read that and automatically just knee jerk. They point their finger at the bank, but you don't know if the bank did that or not.
[27:36.000 --> 27:50.000]  All you know is, if you have a letter with this lawyer's name on it, making these claims, when we start looking at legal issues and legal documents,
[27:50.000 --> 28:01.000]  this is one of the harder things to do is to separate your conjecture from the facts.
[28:01.000 --> 28:13.000]  So look real close at what's going on. I don't know how to tell you how to do all of this, but always try to start at the beginning.
[28:13.000 --> 28:28.000]  What do you really know? Has this loan been securitized in violation of Covenant 20?
[28:28.000 --> 28:43.000]  If you don't know, if it's been hidden from you and that's the nature of conspiracy, then it should be hid. The clock's not going to start running if they have defrauded you by breaching the contract.
[28:43.000 --> 28:48.000]  The clock won't start running until you find out that they've breached it.
[28:48.000 --> 29:03.000]  And on fraud, you've got five years after you discovered the fraud. Did that make sense, Dale? I think I put him to sleep. I have this effect on people.
[29:03.000 --> 29:22.000]  I was just taking that in because what you're saying seems to be exactly what had happened with this particular case. And so I'm just trying to look at some remedies.
[29:22.000 --> 29:28.000]  This audit that you were talking about earlier, where can I get one of those?
[29:28.000 --> 29:38.000]  Oh, well, we have a number. I don't have people. I've got a couple of people I know. I have one in particular that gives me a good output.
[29:38.000 --> 29:46.000]  I won't give that on the air. I would rather have these guys come on and do that, but I'll give that to you off the air.
[29:46.000 --> 29:52.000]  This is Randy Kelton, Denver Stephens, Rue Blanc Radio. Hang on, Darrell. We'll be right back on the other side.
[29:52.000 --> 29:59.000]  Call it number 512-646-1984. We'll be right back.
[29:59.000 --> 30:08.000]  Worried about the environment? I've got some great news for you. Pacific Salmon are back in record numbers.
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[30:43.000 --> 30:53.000]  Pacific Salmon are back. After years of decline, sockeye salmon are gushing in record numbers from the Pacific Ocean to their spawning grounds in Alaska, Canada and the Pacific Northwest.
[30:53.000 --> 30:58.000]  Experts say cold ocean temperatures and plentiful food supplies are to thank for the bounty.
[30:58.000 --> 31:04.000]  An estimated 40 million salmon are entering Alaska waterways alone, breaking all known records.
[31:04.000 --> 31:12.000]  The Columbia River in Oregon has seen the largest sockeye return since 1938 and Japan and Russia are also seeing phenomenal numbers.
[31:12.000 --> 31:20.000]  That means good news for the environment and great news for your pocketbook and your dinner plate as salmon prices hit unprecedented lows.
[31:20.000 --> 31:25.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:32.000 --> 31:38.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:38.000 --> 31:45.000]  The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
[31:45.000 --> 31:48.000]  Over 6,000 of my fellow service members have given their lives.
[31:48.000 --> 31:51.000]  And thousands of my fellow force responders have died.
[31:51.000 --> 31:52.000]  I'm not a conspiracy theorist.
[31:52.000 --> 31:53.000]  I'm a structural engineer.
[31:53.000 --> 31:54.000]  I'm a New York City correction officer.
[31:54.000 --> 31:55.000]  I'm an Air Force pilot.
[31:55.000 --> 31:57.000]  I'm a father who lost his son.
[31:57.000 --> 32:00.000]  We are Americans and we deserve the truth.
[32:00.000 --> 32:03.000]  Go to RememberBuilding7.org today.
[32:03.000 --> 32:09.000]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy.
[32:09.000 --> 32:12.000]  And neither is finding like-minded people to share it with.
[32:12.000 --> 32:15.000]  Oh, well, I guess you haven't heard of Brave New Books then.
[32:15.000 --> 32:16.000]  Brave New Books?
[32:16.000 --> 32:23.000]  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.
[32:23.000 --> 32:27.000]  They even stock inner food, burky products and talbin soaps.
[32:27.000 --> 32:29.000]  There's no way a place like that exists.
[32:29.000 --> 32:34.000]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street just south of UT.
[32:34.000 --> 32:38.000]  Oh, by UT? There's never anywhere to park down there.
[32:38.000 --> 32:46.000]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[32:46.000 --> 32:49.000]  It does exist, but when are they open?
[32:49.000 --> 32:54.000]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[32:54.000 --> 33:01.000]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[33:55.000 --> 34:08.000]  Okay, Daryl, I don't know if I made sense, but I know I went a little further than I meant to, but this one is difficult.
[34:08.000 --> 34:19.000]  There are statutes in Texas that say that if there's something improperly filed in the county record, it is corrected after four years as a matter of law.
[34:19.000 --> 34:33.000]  But if it's filed fraudulently, then the clock doesn't start running on the fraud itself until you discover it and then you've got five years after that.
[34:33.000 --> 34:43.000]  So I haven't seen any case law that would show that the second preempts the first.
[34:43.000 --> 35:01.000]  But we'd have to look at that here. That's kind of specific, but reasonably, if somebody's committed fraud in the foreclosure and I haven't seen any that I can't show that,
[35:01.000 --> 35:16.000]  or at least demonstrate probable cause of that, then the clock should not start running until you discover it and we can show a date of discovery by having some experts say,
[35:16.000 --> 35:20.000]  I looked at it on this day at this time and this is what I found.
[35:20.000 --> 35:32.000]  Well, the house has been sold eight times at least with a small timeframe.
[35:32.000 --> 35:39.000]  So it got to the place where we didn't know who to pay the note to.
[35:39.000 --> 35:44.000]  We had one company called and said, see your money over here.
[35:44.000 --> 35:51.000]  It had to be Chase Morgan stand standing money over here.
[35:51.000 --> 35:59.000]  Okay, so you can claim that their machination, well, that will be enough.
[35:59.000 --> 36:01.000]  The fact that it's changing hands.
[36:01.000 --> 36:05.000]  Is this an FHA loan?
[36:05.000 --> 36:07.000]  This is not an FHA loan.
[36:07.000 --> 36:16.000]  This was a conventional loan to a company called the money outlet.
[36:16.000 --> 36:30.000]  Is there a complete chain of holdership evidenced in the county record for each of these entities that claimed authority to collect?
[36:30.000 --> 36:32.000]  No.
[36:32.000 --> 36:37.000]  Then they got a big problem.
[36:37.000 --> 36:50.000]  And if you can show that they're changing services, made it confusing so you didn't know where to pay, this is a cause of action.
[36:50.000 --> 36:56.000]  In the end, it's not about whether you have the law on your side.
[36:56.000 --> 37:05.000]  It's about who can cost who the most money and give them the most grief to bring them to the table.
[37:05.000 --> 37:09.000]  And sometimes that's hard to get across it.
[37:09.000 --> 37:15.000]  We want to think it's about the law and that we live in a land of law.
[37:15.000 --> 37:24.000]  But as much as I've studied law, I've had to come to the conclusion that that is not the case.
[37:24.000 --> 37:29.000]  It's about perception.
[37:29.000 --> 37:32.000]  You make it look bad for them.
[37:32.000 --> 37:34.000]  They're afraid to judge.
[37:34.000 --> 37:37.000]  You'll throw the book at them so they'll throw some money at you to go away.
[37:37.000 --> 37:40.000]  That's about the best we can generally hope for.
[37:40.000 --> 37:43.000]  But yeah, you can sue them anytime you want to.
[37:43.000 --> 37:48.000]  And the short and long of it is, they'll fight to get it thrown out.
[37:48.000 --> 37:56.000]  You can give them a major grief, a good chance they'll come to you, especially if they're foreclosed on it.
[37:56.000 --> 37:57.000]  There's something wrong with it.
[37:57.000 --> 38:02.000]  That third party purchased, they sued the third party.
[38:02.000 --> 38:04.000]  Wow.
[38:04.000 --> 38:08.000]  They are going to be unhappy campers.
[38:08.000 --> 38:14.000]  But that's what you get when you purchase that foreclosure.
[38:14.000 --> 38:17.000]  You purchase at your peril.
[38:17.000 --> 38:37.000]  And if the issues that you're complaining about are evident in the public record, this purchaser cannot be claimed to be a bona fide purchaser because they cannot claim that they were not aware of what was in the public record.
[38:37.000 --> 38:42.000]  They either have actual or imputed knowledge.
[38:42.000 --> 38:47.000]  If they didn't check the record, too bad for them.
[38:47.000 --> 38:59.000]  So when you go after the people that the bank sold it to, those guys are going to be real unhappy and they're going to go back after the patch.
[38:59.000 --> 39:00.000]  Okay.
[39:00.000 --> 39:05.000]  So now these suits, can I run them simultaneously?
[39:05.000 --> 39:11.000]  I sue both ends or should I sue one and then wait and then sue the other?
[39:11.000 --> 39:12.000]  Oh, no.
[39:12.000 --> 39:17.000]  The only one you sue is the one who has your property.
[39:17.000 --> 39:19.000]  Right, which would be the buyer.
[39:19.000 --> 39:20.000]  Which would be the buyer.
[39:20.000 --> 39:27.000]  And I would, yeah, him, I would, I would sue him only.
[39:27.000 --> 39:39.000]  And for everything, for everything everybody else has done, what he's going to claim, he's going to move to dismiss for failure to include necessary parties.
[39:39.000 --> 39:42.000]  And you're going to say, what are you talking about?
[39:42.000 --> 39:45.000]  They didn't, they're not living in my house.
[39:45.000 --> 39:47.000]  You are.
[39:47.000 --> 39:51.000]  They didn't take my house from me.
[39:51.000 --> 39:54.000]  You did.
[39:54.000 --> 40:00.000]  The fact, the fact that you got scammed when you purchased it's not my problem.
[40:00.000 --> 40:02.000]  That's your problem.
[40:02.000 --> 40:08.000]  If you want to include them in the suit, you just knock yourself out.
[40:08.000 --> 40:09.000]  But I got you.
[40:09.000 --> 40:13.000]  I don't need anybody else.
[40:13.000 --> 40:17.000]  It's the way it works with vicarious liability.
[40:17.000 --> 40:23.000]  Whoever got the money pays a primary case on this subject.
[40:23.000 --> 40:28.000]  17 story building in New York restaurant in the basement stove goes out.
[40:28.000 --> 40:33.000]  Saturday night can't find a plumber.
[40:33.000 --> 40:37.000]  Causes brother-in-law who's a plumber but he's not a licensed master plumber.
[40:37.000 --> 40:41.000]  He fixes the stove, doesn't do a good job.
[40:41.000 --> 40:46.000]  The next morning, the 17 story building goes up in flames.
[40:46.000 --> 40:48.000]  A number of people killed.
[40:48.000 --> 40:50.000]  They sued the property owner.
[40:50.000 --> 40:51.000]  He didn't have anything.
[40:51.000 --> 40:52.000]  He lost everything in the fire.
[40:52.000 --> 40:54.000]  They sued the restaurant owner.
[40:54.000 --> 40:55.000]  He lost everything in the fire.
[40:55.000 --> 40:57.000]  They sued the plumber.
[40:57.000 --> 40:59.000]  He didn't have anything to start with.
[40:59.000 --> 41:02.000]  They sued the city who inspected it.
[41:02.000 --> 41:10.000]  And the county who both the gas company and the city, city inspectors looked at it.
[41:10.000 --> 41:13.000]  The gas company looked at it and said, yeah, it's okay.
[41:13.000 --> 41:14.000]  You can reopen.
[41:14.000 --> 41:21.000]  They named them 1% responsible, but they had to pay the full amount.
[41:21.000 --> 41:27.000]  This is why lawyers look for a litigant with deep pockets.
[41:27.000 --> 41:37.000]  If you've got a group of litigants and you get a claim, whichever one of them has the money pays.
[41:37.000 --> 41:47.000]  And if he feels like he was unduly burdened, it's his responsibility to get his money back from the other litigants.
[41:47.000 --> 41:50.000]  So whoever gets the money pays.
[41:50.000 --> 41:54.000]  Well, the guy in the house has the property.
[41:54.000 --> 41:56.000]  That's what you want.
[41:56.000 --> 42:00.000]  You go after him, take the property back.
[42:00.000 --> 42:05.000]  And if he has a claim, he can sue the other parties if he wants to.
[42:05.000 --> 42:06.000]  That's what I'm talking about.
[42:06.000 --> 42:08.000]  That's what I want to do right there.
[42:08.000 --> 42:09.000]  Okay.
[42:09.000 --> 42:10.000]  That's my thorium.
[42:10.000 --> 42:12.000]  I'm thinking to it.
[42:12.000 --> 42:13.000]  Okay.
[42:13.000 --> 42:20.000]  We are about to go to break and we've got one segment left and Jason and Ryan have been waiting the whole show.
[42:20.000 --> 42:25.000]  So Darryl, I'm going to dump you like a hot rock.
[42:25.000 --> 42:29.000]  Thank you, Darryl.
[42:29.000 --> 42:34.000]  Okay, we're going to go to Jason in Texas.
[42:34.000 --> 42:35.000]  Hello, Jason.
[42:35.000 --> 42:37.000]  What do you got for us?
[42:37.000 --> 42:42.000]  I need to shift gears back to the start shooting public officials and illegal stuff.
[42:42.000 --> 42:45.000]  Oh, you want to go back to my favorite subject?
[42:45.000 --> 42:47.000]  Yes, sir.
[42:47.000 --> 42:50.000]  We got time to go into fourth break.
[42:50.000 --> 42:51.000]  Yeah, go ahead.
[42:51.000 --> 42:52.000]  Okay.
[42:52.000 --> 42:56.000]  I talked to you, I guess, about a month and a half ago.
[42:56.000 --> 43:00.000]  I filed an open records request for the city.
[43:00.000 --> 43:05.000]  And I was under the impression that my request was ignored.
[43:05.000 --> 43:10.000]  But what I didn't realize is that the reply came to my dump email.
[43:10.000 --> 43:12.000]  I did it through email.
[43:12.000 --> 43:15.000]  Email, don't get it.
[43:15.000 --> 43:17.000]  Did you request it by email?
[43:17.000 --> 43:20.000]  Did you request it by letter, by written document?
[43:20.000 --> 43:24.000]  I requested it by email, which on the city website says that that's an option.
[43:24.000 --> 43:27.000]  So like I said, I didn't get a response.
[43:27.000 --> 43:28.000]  I thought I got no response.
[43:28.000 --> 43:32.000]  And then when I checked in my email, I did get a response.
[43:32.000 --> 43:44.000]  And the response was the city attorney's letter to the attorney general and the city attorney was requesting that the AG approve with holding the information I was asking for.
[43:44.000 --> 43:45.000]  Okay, hang on.
[43:45.000 --> 43:49.000]  This is one of my favorite subjects as well.
[43:49.000 --> 43:53.000]  This is Randy Kelton, Debra Stephens, Eddie Craig, real live radio.
[43:53.000 --> 43:57.000]  We will be right back on the other side and talk about open records.
[43:57.000 --> 43:59.000]  I like this subject.
[43:59.000 --> 44:01.000]  We'll be right back.
[44:01.000 --> 44:07.000]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so easy.
[44:07.000 --> 44:10.000]  And neither is finding like-minded people to share it with.
[44:10.000 --> 44:13.000]  Oh, well, I guess you haven't heard of Brave New Books then.
[44:13.000 --> 44:14.000]  Brave New Books?
[44:14.000 --> 44:21.000]  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.
[44:21.000 --> 44:25.000]  They even stock Interfood, Berkey products, and Calvin Soaps.
[44:25.000 --> 44:27.000]  There's no way a place like that exists.
[44:27.000 --> 44:29.000]  Go check it out for yourself.
[44:29.000 --> 44:33.000]  It's downtown at 1904 Guadalupe Street just south of UT.
[44:33.000 --> 44:34.000]  Oh, by UT?
[44:34.000 --> 44:36.000]  There's never anywhere to park down there.
[44:36.000 --> 44:44.000]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[44:44.000 --> 44:47.000]  It does exist, but when are they open?
[44:47.000 --> 44:52.000]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[44:52.000 --> 45:00.000]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
[45:04.000 --> 45:14.000]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course that will show you how in 24 hours,
[45:14.000 --> 45:15.000]  step-by-step.
[45:15.000 --> 45:19.000]  If you have a lawyer, know what your lawyer should be doing.
[45:19.000 --> 45:23.000]  If you don't have a lawyer, know what you should do for yourself.
[45:23.000 --> 45:28.000]  Thousands have won with our step-by-step course, and now you can too.
[45:28.000 --> 45:35.000]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
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[45:53.000 --> 46:01.000]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:23.000 --> 46:32.000]  Oh, yeah, always I must be careful what I'm wishing for.
[46:32.000 --> 46:37.000]  When I'm hungry, I like to know just what I'm wishing for.
[46:37.000 --> 46:43.000]  I ain't asking for much, I ain't trying to be no blood.
[46:43.000 --> 46:49.000]  I'm just here making my living, pushing buttons.
[46:49.000 --> 46:54.000]  I'll get my message out, do anyone in shot and distance.
[46:54.000 --> 46:59.000]  I'm called for bravery, and the gas slave rich showin' it.
[46:59.000 --> 47:01.000]  Okay, we are back.
[47:01.000 --> 47:08.000]  Randy Kelton, Deborah Stevens, Ruleoflaw Radio, and we're talking to Jason in Texas.
[47:08.000 --> 47:15.000]  Yes, sir, Randy. I just want to remind everybody that we're starting the last hour and a hour and 15 minutes segment.
[47:15.000 --> 47:19.000]  Yeah, they told me on the break, I guess I'm getting tired.
[47:19.000 --> 47:22.000]  I had a long day today, I'm reading the clock wrong.
[47:22.000 --> 47:25.000]  I thought it was getting over a little too soon.
[47:25.000 --> 47:27.000]  Okay, that means we've got a lot of time.
[47:27.000 --> 47:30.000]  That means we're having a good time.
[47:30.000 --> 47:32.000]  I don't dare old too soon.
[47:32.000 --> 47:34.000]  Oh, well, you'll get over it.
[47:34.000 --> 47:36.000]  Okay.
[47:36.000 --> 47:46.000]  So what I thought was a non-response, like I was saying, I got a response from the city attorney, and it was an email that he was
[47:46.000 --> 47:56.000]  reporting, actually it was a letter that he was reporting to the attorney general, and it was the city's position that they believed information that I was requesting was not public information.
[47:56.000 --> 48:00.000]  Okay, what was the information you were requesting?
[48:00.000 --> 48:09.000]  I was requesting information pertaining to the arrest of an individual who was filming a traffic stop.
[48:09.000 --> 48:15.000]  He was not competing as the investigation, he was nowhere near, in fact he was 50 yards away.
[48:15.000 --> 48:23.000]  So the information I was requesting was the most basic of public information, and we're going to get into this later on because I have a second question.
[48:23.000 --> 48:36.000]  It was the man's name who was arrested, the officer's name, the exact time and date of the arrest, what the charge was, as well as any audio and video of that stop.
[48:36.000 --> 48:42.000]  So there's multiple layers here, so I want to close these out one at a time as we go.
[48:42.000 --> 48:54.000]  The response, however, according to government code 3, I'll remember the exact number, it dealt with the response that's of an open records request.
[48:54.000 --> 49:05.000]  And the city attorney, if he's going to request the attorney general opinion, has to do so within 15 days of receiving the open records request.
[49:05.000 --> 49:13.000]  The email that I found in my junk email was almost 20 days out, so either way it was untimely.
[49:13.000 --> 49:30.000]  Okay, first that should get a Class A misdemeanor official misconduct complaint, as the open records act is not a civil statute, it is a criminal statute.
[49:30.000 --> 49:41.000]  A violation of the act is a Class A misdemeanor, that's the first one, for not meeting the time limit and not releasing the documents.
[49:41.000 --> 50:01.000]  Second one, if there are prior adjudications or determinations by the attorney general, and the attorney files an information request for an opinion from the attorney general,
[50:01.000 --> 50:13.000]  then that's a filing for the purpose of delay for delay's sake, and that should get a separate criminal accusation.
[50:13.000 --> 50:14.000]  Okay.
[50:14.000 --> 50:17.000]  And a bar grievance for each one.
[50:17.000 --> 50:22.000]  Okay, now we're talking the same language here.
[50:22.000 --> 50:35.000]  They really like to do an information request in order to delay access, and I really like for them to do that.
[50:35.000 --> 50:40.000]  I've had a lot of experience with open records.
[50:40.000 --> 50:52.000]  I have a, I got a ticket in Asal, Texas, and I'm welcoming the officer to the deep end of the pool.
[50:52.000 --> 51:13.000]  I gave the city, the police department an information request for evidence of authority of all police, peace officers employed by the city of Asal, Texas to enforce the commercial traffic code.
[51:13.000 --> 51:23.000]  And the traffic code under 664 and 570 African, in a way, to enforce the traffic code.
[51:23.000 --> 51:32.000]  And I got an email back saying, well, when I was there, the person I gave it to asked me if I could be more specific.
[51:32.000 --> 51:35.000]  Yes, I could be very specific.
[51:35.000 --> 51:42.000]  I want exactly what that request asked for.
[51:42.000 --> 51:47.000]  She said, oh, okay.
[51:47.000 --> 51:49.000]  So I got a couple of emails.
[51:49.000 --> 51:58.000]  It was clear from their emails that they simply did not understand what I was asking for.
[51:58.000 --> 52:05.000]  And the third email I told the custodian of the record.
[52:05.000 --> 52:10.000]  Because of the kinds of questions you're asking me.
[52:10.000 --> 52:19.000]  It is clear to me that you have no idea what the law is concerning these issues.
[52:19.000 --> 52:27.000]  I seriously suggest that you get this to the city attorney and let him make these mistakes.
[52:27.000 --> 52:32.000]  I really don't want you making these mistakes.
[52:32.000 --> 52:40.000]  And that was the fifth of the month that I gave it to him, today's the 19th.
[52:40.000 --> 52:45.000]  So the 15th day would be tomorrow.
[52:45.000 --> 52:48.000]  Monday will be the 16th day.
[52:48.000 --> 53:00.000]  And I can almost guarantee you that they will file a request with the attorney general for an opinion.
[53:00.000 --> 53:05.000]  And when they file that, then I will file two complaints against them.
[53:05.000 --> 53:09.000]  I'm going to go in for a pre-trial hearing Monday.
[53:09.000 --> 53:16.000]  But I went in and gave them a challenge to subject matter jurisdiction.
[53:16.000 --> 53:19.000]  And it will be interesting to see how this goes.
[53:19.000 --> 53:24.000]  If they're going to want to call me up and do that.
[53:24.000 --> 53:26.000]  How do you please stuff?
[53:26.000 --> 53:29.000]  We're not going to go there.
[53:29.000 --> 53:36.000]  And while I'm there, I will hand the judge, because I asked him specifically,
[53:36.000 --> 53:38.000]  is the judge going to be here?
[53:38.000 --> 53:39.000]  Or just a prosecutor?
[53:39.000 --> 53:41.000]  Oh no, a judge will be here.
[53:41.000 --> 53:42.000]  So good.
[53:42.000 --> 53:48.000]  The first thing I'm going to do is when I go in is I'm going to want to talk to the magistrate.
[53:48.000 --> 53:50.000]  And they're going to ask me how I please.
[53:50.000 --> 53:52.000]  Hold on, hold on.
[53:52.000 --> 53:53.000]  We can't get there yet.
[53:53.000 --> 54:01.000]  First, we institute an examining trial.
[54:01.000 --> 54:06.000]  And the judge is going to have no clues to what I'm talking about.
[54:06.000 --> 54:11.000]  And we'll walk through the procedures on traffic,
[54:11.000 --> 54:19.000]  but I will already have two criminal complaints against them under open records.
[54:19.000 --> 54:21.000]  So we'll get them started quickly.
[54:21.000 --> 54:25.000]  I don't cut any slack.
[54:25.000 --> 54:30.000]  15th, actually, I'm sorry, I'm counting wrong.
[54:30.000 --> 54:36.000]  I filed it, gave it to them on the 5th, so they have all of the 5th.
[54:36.000 --> 54:45.000]  That would make the last day they have to respond the 21st and not the 20th.
[54:45.000 --> 54:48.000]  Monday, let's see, today's the 19th.
[54:48.000 --> 54:49.000]  Monday would be the 21st.
[54:49.000 --> 54:50.000]  Perfect.
[54:50.000 --> 54:52.000]  So Monday's perfect.
[54:52.000 --> 54:57.000]  I get to give them the criminal complaints on the 21st day.
[54:57.000 --> 55:04.000]  And I'll also have criminal complaints against the police officer who wrote the tickets.
[55:04.000 --> 55:09.000]  When I did, when I spoke to you previously, saying the file against the mayor,
[55:09.000 --> 55:16.000]  or, well, that was when I believed those records had not been responded to.
[55:16.000 --> 55:21.000]  So now that I know that it has been responded to, I guess the mayor...
[55:21.000 --> 55:22.000]  Okay, wait a minute.
[55:22.000 --> 55:28.000]  How much time it took over 20 days that it wasn't responded to?
[55:28.000 --> 55:29.000]  Okay.
[55:29.000 --> 55:39.000]  So I can file against the mayor and as well as the city attorney for denying me in a right.
[55:39.000 --> 55:41.000]  Yeah, that's class A. No, no, no.
[55:41.000 --> 55:51.000]  This is, that is a class A misdemeanor on its face without regard to whether you've been denied anything or not.
[55:51.000 --> 55:54.000]  Sure, but that's open records itself.
[55:54.000 --> 55:57.000]  Yeah, that's 552 government code.
[55:57.000 --> 55:59.000]  It's a criminal statute.
[55:59.000 --> 56:04.000]  Right at the end, it says a violation of this acts class A misdemeanor, official misconduct.
[56:04.000 --> 56:05.000]  Right.
[56:05.000 --> 56:10.000]  And I was going through official misconduct, official oppression as well.
[56:10.000 --> 56:14.000]  I'm sorry, as an official misconduct for denying me.
[56:14.000 --> 56:27.000]  Yeah, you could go to official oppression, but since they both go to essentially precisely the same thing,
[56:27.000 --> 56:33.000]  then it would be, you would have to choose one or the other because you can't,
[56:33.000 --> 56:36.000]  that would be stacking charges.
[56:36.000 --> 56:39.000]  Okay, government could be better then because it's obvious.
[56:39.000 --> 56:50.000]  If the accusation arises out of the same set of facts, you know, if a guy robs a store with a pistol,
[56:50.000 --> 56:58.000]  you can charge him with aggravated robbery or you can charge him with robbery or you can charge him with aggravated assault,
[56:58.000 --> 57:01.000]  but you couldn't charge him with all three of those.
[57:01.000 --> 57:03.000]  Right.
[57:03.000 --> 57:22.000]  It goes to stacking, but, but for not responding within 20 days and filing a frivolous complaint with the secretary of state in order to delay for delays sake.
[57:22.000 --> 57:24.000]  Those are viable.
[57:24.000 --> 57:31.000]  And you are in what, what county are you in?
[57:31.000 --> 57:37.000]  I mean, oh okay, so they probably haven't seen our pleadings yet.
[57:37.000 --> 57:45.000]  We have a you do this in Austin Dallas.
[57:45.000 --> 57:49.000]  On the next issue, okay, so that takes me to this.
[57:49.000 --> 57:54.000]  You know I still cleared out two issues right there at one that next I'll want to make a statement.
[57:54.000 --> 57:56.000]  Okay.
[57:56.000 --> 57:58.000]  Okay.
[57:58.000 --> 58:00.000]  Hang on.
[58:00.000 --> 58:09.360]  We've got a whole hour as you so uh jointly reminded me so hang on we'll we'll pick you up
[58:09.360 --> 58:15.680]  when we get back on the other side this is Randy Kelton Debra Stevens with a whole hour left
[58:17.360 --> 58:23.040]  we're running out of callers so if you have a question or a comment give us a call our call
[58:23.040 --> 58:32.480]  in number is 512-646-1984 give us a call get in line and uh see if we can stump the chump
[58:32.480 --> 58:35.120]  here at the end of the show we'll be right back
[58:35.120 --> 58:56.400]  would you like to make more definite progress in your walk with god bibles for america is
[58:56.400 --> 59:02.000]  offering a free study bible and a set of free christian books that can really help the new
[59:02.000 --> 59:07.040]  testament recovery version is one of the most comprehensive study bibles available today it's
[59:07.040 --> 59:12.160]  an accurate translation and it contains thousands of footnotes that will help you to know god and
[59:12.160 --> 59:17.920]  to know the meaning of life the free books are a three volume set called basic elements of the
[59:17.920 --> 59:23.760]  christian life chapter by chapter basic elements of the christian life clearly presents god's plan
[59:23.760 --> 59:30.240]  of salvation growing in christ and how to build up the church to order your free new testament
[59:30.240 --> 59:41.200]  recovery version and basic elements of the christian life call bibles for america toll free at 888-551-0102
[59:41.200 --> 59:49.840]  that's 888-551-0102 or visit us online at bfa.org
[59:49.840 --> 59:58.960]  you're listening to the logo's radio network at logo's radio network dot com
[01:00:03.120 --> 01:00:10.080]  you're listening to the liberty beat your daily source for liberty news and activist updates
[01:00:10.080 --> 01:00:12.400]  online at the liberty beats dot com
[01:00:12.400 --> 01:00:19.200]  on bush here with your liberty beat for april 19th 2013
[01:00:19.200 --> 01:00:23.360]  gold opened today at fourteen hundred and one dollar silver at twenty three dollars and fifty
[01:00:23.360 --> 01:00:27.600]  six cents and bitcoin is trading at one hundred and nineteen dollars supports for the liberty beat
[01:00:27.600 --> 01:00:32.160]  comes from capital city automotive honest reliable and affordable auto repairs from vehicles foreign
[01:00:32.160 --> 01:00:39.120]  and domestic located today to south congress by phone at 512-447-2886 and online at capital
[01:00:39.120 --> 01:00:44.320]  city auto austin dot com and support comes from tomorrow's meals today dot com south austin market
[01:00:44.320 --> 01:00:51.760]  days every saturday from three to seven p.m. at 10106 manchak road and now the news about 13 miles
[01:00:51.760 --> 01:00:57.680]  north of waco texas an explosion leveled a large portion of the small town of west texas on wednesday
[01:00:57.680 --> 01:01:03.200]  west texas previously most famously known for its check stop which sells check cuisine has now
[01:01:03.200 --> 01:01:08.000]  attained new infamy for the blast that killed over 35 people the blast occurred at a fertilizer
[01:01:08.000 --> 01:01:13.520]  plant and set a massive mushroom-like explosive fireball into the central texas sky the explosion
[01:01:13.520 --> 01:01:18.720]  was classified by the us geological survey as a 2.1 magnitude earthquake on the richter scale
[01:01:18.720 --> 01:01:24.880]  70 homes were destroyed in large blocks of tiny west texas were evacuated due to fear of additional
[01:01:24.880 --> 01:01:29.920]  explosions kview news reports one man looking for family in west texas described that the scene was
[01:01:29.920 --> 01:01:35.600]  like a nuclear bomb others described the chaotic damage as a war zone similar to iraq or the oklahoma
[01:01:35.600 --> 01:01:45.920]  city bombing king new hampshire liberty activist rich paul's fate is in limbo today as yesterday a
[01:01:45.920 --> 01:01:50.480]  jury in cheshire county new hampshire convicted him of five felony counts of selling marijuana and
[01:01:50.480 --> 01:01:56.800]  lsd paul who pleaded not guilty argued that he never sold what prosecutors claimed was lsd rich paul
[01:01:56.800 --> 01:02:01.520]  is the founder of keem's famous 420 celebrations which have transformed public areas of the small
[01:02:01.520 --> 01:02:07.280]  town into cannabis smokens following the conviction rich paul now faces up to 81 years in prison
[01:02:12.080 --> 01:02:16.560]  a deadly attack at the military institute of technology in boston massachusetts has left a
[01:02:16.560 --> 01:02:21.200]  police officer dead according to usa today an officer with the campus police was murdered by
[01:02:21.200 --> 01:02:26.080]  gunfire at about 10 30 p.m eastern time on thursday evening following the shooting the campus which
[01:02:26.080 --> 01:02:30.720]  hosts 11 000 students at the university shut down portions of its campus and put police and students
[01:02:30.720 --> 01:02:35.520]  on high alert for further violence the timing of the murder escalates tensions in boston as a bomb
[01:02:35.520 --> 01:02:40.080]  at the boston marathon on monday killed three and injured over 30 that explosion has been deemed an
[01:02:40.080 --> 01:02:44.240]  act of terror act of terrorism by the highest officials and the new united states government
[01:02:46.480 --> 01:02:50.560]  support for the liberty beat comes from pure ring usa dot com chemical and fluoride free
[01:02:50.560 --> 01:02:54.880]  bottled water available at whole foods and central market and by central texas gunworks
[01:02:54.880 --> 01:03:04.080]  self-defense training chl courses and firearm sales online at central texas gunworks dot com
[01:03:25.200 --> 01:03:28.080]  oh
[01:03:28.080 --> 01:03:33.080]  I'll be right beside my father's house
[01:03:33.080 --> 01:03:37.080]  He has to be with his faith and with God
[01:03:37.080 --> 01:03:40.080]  I will aid my concern
[01:03:40.080 --> 01:03:44.080]  I'll be right beside my father's house
[01:03:44.080 --> 01:03:48.080]  Yeah, I'll be right beside my father's house
[01:03:48.080 --> 01:03:51.080]  I will do like these things
[01:03:51.080 --> 01:03:55.080]  I'll be right beside my father's house
[01:03:55.080 --> 01:03:59.080]  I will guard these walls and fences
[01:03:59.080 --> 01:04:04.080]  I'll be right beside my father's house
[01:04:04.080 --> 01:04:09.080]  Okay, we are back. Randy Kelton, Debra Stevens, Rue Blau Radio
[01:04:09.080 --> 01:04:12.080]  And I figured out what my problem was
[01:04:12.080 --> 01:04:14.080]  I was really thinking
[01:04:14.080 --> 01:04:18.080]  And it turns out my wife came home from work today
[01:04:18.080 --> 01:04:20.080]  and she wasn't feeling well
[01:04:20.080 --> 01:04:22.080]  She's kind of constipated
[01:04:22.080 --> 01:04:26.080]  So I made up some chamomile tea
[01:04:26.080 --> 01:04:30.080]  I shouldn't drink chamomile tea
[01:04:30.080 --> 01:04:33.080]  It will knock you flat or you're behind
[01:04:33.080 --> 01:04:35.080]  So I had to go get some of my peppermint
[01:04:35.080 --> 01:04:39.080]  since mama won't let me have rum anymore
[01:04:39.080 --> 01:04:44.080]  So maybe I'll quit stutter in this last hour
[01:04:44.080 --> 01:04:48.080]  Okay, we were talking to Jason in Texas
[01:04:48.080 --> 01:04:51.080]  and you had a statement for us
[01:04:51.080 --> 01:04:54.080]  I hope your wife's not listening to this
[01:04:54.080 --> 01:04:56.080]  or she's going to beat you about the head
[01:04:56.080 --> 01:04:59.080]  I made sure she's asleep
[01:04:59.080 --> 01:05:02.080]  Hey, I've been married a long time
[01:05:02.080 --> 01:05:05.080]  I learned how to handle these women
[01:05:05.080 --> 01:05:08.080]  Oh yeah, I told my son this when he got married
[01:05:08.080 --> 01:05:12.080]  I said, look, when they start that, do this, do that routine
[01:05:12.080 --> 01:05:15.080]  What you do is you huff up and you tell them
[01:05:15.080 --> 01:05:18.080]  Yes, dear
[01:05:18.080 --> 01:05:21.080]  Anything else leads to trouble
[01:05:21.080 --> 01:05:24.080]  A couple of months ago we were with some friends of his
[01:05:24.080 --> 01:05:29.080]  and they were laughing about growing up and being married
[01:05:29.080 --> 01:05:33.080]  and finding out the things that the parents had told him was true
[01:05:33.080 --> 01:05:35.080]  My son brought that up
[01:05:35.080 --> 01:05:39.080]  and he said, dad, you were right
[01:05:39.080 --> 01:05:43.080]  Okay, yeah, she's definitely asleep
[01:05:43.080 --> 01:05:48.080]  She never ever finds me as funny as I do
[01:05:48.080 --> 01:05:52.080]  It's a strange phenomenon, I just never understood it
[01:05:52.080 --> 01:05:55.080]  Yeah, it's funny, I got the same problem
[01:05:55.080 --> 01:05:58.080]  Alright, so to the statement
[01:05:58.080 --> 01:06:05.080]  This was the third part of this whole open records request
[01:06:05.080 --> 01:06:09.080]  Whenever you go into doing stuff like this
[01:06:09.080 --> 01:06:12.080]  you absolutely have to follow it through
[01:06:12.080 --> 01:06:16.080]  I can't explain how important it is to the listeners out there
[01:06:16.080 --> 01:06:20.080]  when you say know where you're going and have a plan
[01:06:20.080 --> 01:06:26.080]  because if you don't, you can totally lose credibility for yourself
[01:06:26.080 --> 01:06:30.080]  and that the public official you're going after will think you're just another chump
[01:06:30.080 --> 01:06:33.080]  but you can also put spikes in the road for anybody coming after you
[01:06:33.080 --> 01:06:38.080]  and what I mean by that is this open records request
[01:06:38.080 --> 01:06:42.080]  This incident, and this is the guy getting arrested for filming the traffic stop
[01:06:42.080 --> 01:06:47.080]  went viral, picked up my cop block and all this stuff
[01:06:47.080 --> 01:06:50.080]  A bunch of people stalled on YouTube
[01:06:50.080 --> 01:06:58.080]  Well, the reason that the city attorney was writing to the attorney general for this opinion
[01:06:58.080 --> 01:07:02.080]  was because some idiot didn't have a plan
[01:07:02.080 --> 01:07:08.080]  and he figured that he was going to make his own open records request which was prior to mine
[01:07:08.080 --> 01:07:15.080]  and in his open records request he made criminal accusations against the officer
[01:07:15.080 --> 01:07:22.080]  and what that did was that put the city attorney in a position where he was claiming to the attorney general
[01:07:22.080 --> 01:07:27.080]  that he anticipated a legal lawsuit against the city
[01:07:27.080 --> 01:07:33.080]  because of the state, the assinuations made by this person making the open records request
[01:07:33.080 --> 01:07:38.080]  and he was requesting that my information be denied because it was similar information
[01:07:38.080 --> 01:07:42.080]  to the open records request which made criminal accusations
[01:07:42.080 --> 01:07:48.080]  which made the city attorney believe that there was going to be a pending civil suit against the city
[01:07:48.080 --> 01:07:55.080]  therefore he thought I was trying to skirt the discovery rules
[01:07:55.080 --> 01:07:59.080]  by making an open records request for this information
[01:07:59.080 --> 01:08:01.080]  He knew better
[01:08:01.080 --> 01:08:07.080]  I don't think it was because I was the most basic arrest information
[01:08:07.080 --> 01:08:13.080]  He absolutely knew better
[01:08:13.080 --> 01:08:17.080]  That's a shyster lawyer trick
[01:08:17.080 --> 01:08:23.080]  He knew for certain the fact that someone may sue the city
[01:08:23.080 --> 01:08:29.080]  because of something one of their officers did
[01:08:29.080 --> 01:08:35.080]  and that is evidenced by information that is part of the public record
[01:08:35.080 --> 01:08:42.080]  in no way denies the public access to those records
[01:08:42.080 --> 01:08:53.080]  Even if there's two of you here and you're working together and one of you files suit
[01:08:53.080 --> 01:09:00.080]  and now you lose your access to open records and you have to go through discovery
[01:09:00.080 --> 01:09:08.080]  The other one can come in, file for the open records, take those open records and give them to the first one
[01:09:08.080 --> 01:09:15.080]  They cannot restrict my right to open records because somebody else sued them
[01:09:15.080 --> 01:09:20.080]  Their problem, not my problem
[01:09:20.080 --> 01:09:27.080]  And open records do not stop being open records just because they got sued
[01:09:27.080 --> 01:09:32.080]  That's the same way I see it
[01:09:32.080 --> 01:09:36.080]  There are prior adjudications on this
[01:09:36.080 --> 01:09:40.080]  This lawyer knows there are prior adjudications
[01:09:40.080 --> 01:09:46.080]  The way you tell for certain is if he gets back a letter response
[01:09:46.080 --> 01:09:51.080]  A letter response means there are pre-existing determinations
[01:09:51.080 --> 01:09:56.080]  and that's evidence that the request was fraudulent
[01:09:56.080 --> 01:10:03.080]  as the lawyer had a duty to know about those pre-existing determinations
[01:10:03.080 --> 01:10:11.080]  Now I looked up this attorney's name and he has made numerous requests to the attorney general
[01:10:11.080 --> 01:10:17.080]  speaking to withhold the very basic of public information in other cases
[01:10:17.080 --> 01:10:21.080]  and the opinion of the attorney general came back and said, you will release this
[01:10:21.080 --> 01:10:26.080]  In fact, I found two documents where he had submitted on two different occasions
[01:10:26.080 --> 01:10:34.080]  I basically got a thanks for even attempting to withhold the very basic of public information
[01:10:34.080 --> 01:10:40.080]  Okay, I got a quick little story to tell you about one of our callers, Mike Handel
[01:10:40.080 --> 01:10:44.080]  He took on the city of Austin and beat him up pretty good
[01:10:44.080 --> 01:10:48.080]  And he's in court
[01:10:48.080 --> 01:10:53.080]  He has a lawyer on the stand, one of the city attorneys
[01:10:53.080 --> 01:11:00.080]  And he asked the lawyer his name and the lawyer told him the same thing he had been telling Mike for a year
[01:11:00.080 --> 01:11:04.080]  My mother didn't give me one
[01:11:04.080 --> 01:11:11.080]  So Mike turned to the judge and said, Your Honor, I need to know his name
[01:11:11.080 --> 01:11:16.080]  And the judge said, Counselor, tell the man your name
[01:11:16.080 --> 01:11:23.080]  Oh, but Your Honor, if I tell him my name, he'll start filing bar grievances against me
[01:11:23.080 --> 01:11:28.080]  And I'm about to go in private practice next month
[01:11:28.080 --> 01:11:33.080]  And the judge turned to Mike and told Mike the guy's name
[01:11:33.080 --> 01:11:37.080]  Oh, Your Honor
[01:11:37.080 --> 01:11:45.080]  So now he's looking at, you know, if he's going to leave work here and go to work for a law firm
[01:11:45.080 --> 01:11:49.080]  And he gets two or three bar grievances, he's history
[01:11:49.080 --> 01:11:52.080]  Yeah, it definitely does hurt him for sure
[01:11:52.080 --> 01:11:54.080]  Oh, it hurts him big time
[01:11:54.080 --> 01:11:59.080]  So this guy, look at the ones that he has filed
[01:11:59.080 --> 01:12:04.080]  And the Attorney General told him to release
[01:12:04.080 --> 01:12:08.080]  File a bar grievance against him for each one
[01:12:08.080 --> 01:12:11.080]  Okay, that'll work
[01:12:11.080 --> 01:12:19.080]  So that will light his fire, he will be really, really unhappy with you
[01:12:19.080 --> 01:12:24.080]  And that will tell him that you know how to sting him good
[01:12:24.080 --> 01:12:27.080]  Yeah, that'll work, I'll have to do that
[01:12:27.080 --> 01:12:32.080]  And I want to restress the point of know what you're doing before you do it
[01:12:32.080 --> 01:12:36.080]  Because if I didn't have the will to see this through to the end
[01:12:36.080 --> 01:12:40.080]  A lot of people in that position would have given up
[01:12:40.080 --> 01:12:45.080]  So, you know, unless you're strong headed and willing to go all the way
[01:12:45.080 --> 01:12:49.080]  You know, stay out of the way because you do more harm than good
[01:12:49.080 --> 01:12:52.080]  Exactly, that is right
[01:12:52.080 --> 01:12:59.080]  And if you do this much, I would like to talk to you, we're building a tool
[01:12:59.080 --> 01:13:07.080]  And if you're pretty familiar with open records
[01:13:07.080 --> 01:13:12.080]  Then I'm putting together a set of tools
[01:13:12.080 --> 01:13:17.080]  A set of instructions, this is how you do it
[01:13:17.080 --> 01:13:20.080]  This is what you look for
[01:13:20.080 --> 01:13:24.080]  And we'll build a set of instructions, I'll put them online
[01:13:24.080 --> 01:13:29.080]  And then as people have experience
[01:13:29.080 --> 01:13:34.080]  They come in and say, well, they did something that's not in here
[01:13:34.080 --> 01:13:38.080]  And we'll go into the, we're building it in a map structure
[01:13:38.080 --> 01:13:42.080]  We'll go into the map and add it to the map
[01:13:42.080 --> 01:13:45.080]  This is what they did, this is the remedy
[01:13:45.080 --> 01:13:49.080]  We'll put in, and I'm looking at automating the procedure
[01:13:49.080 --> 01:13:54.080]  So that you fill in the information, it'll start spitting you out the documents
[01:13:54.080 --> 01:13:58.080]  I've got bar grievance.net up and working
[01:13:58.080 --> 01:14:04.080]  I have some people working on editing it now, it needs some work done on it
[01:14:04.080 --> 01:14:10.080]  I put it up before it was fully dressed out because I just wanted it up
[01:14:10.080 --> 01:14:15.080]  Because it's taking me so long to have so many projects going
[01:14:15.080 --> 01:14:19.080]  But I'd like to put one up for open records
[01:14:19.080 --> 01:14:22.080]  I'm just interested in that
[01:14:22.080 --> 01:14:23.080]  Pardon me?
[01:14:23.080 --> 01:14:25.080]  I'll see if you can email on that
[01:14:25.080 --> 01:14:29.080]  Good, good, because we build up a procedure
[01:14:29.080 --> 01:14:36.080]  All these people who are doing these things and having experience with what they're doing
[01:14:36.080 --> 01:14:40.080]  And working out how to get through it
[01:14:40.080 --> 01:14:44.080]  If we can get a, I'll get a set of maps up there
[01:14:44.080 --> 01:14:51.080]  And we go in and start adding to these maps every time they pull some nonsense
[01:14:51.080 --> 01:14:55.080]  We will be ready for everything they do
[01:14:55.080 --> 01:15:01.080]  If you've been listening to my show very long, you have heard me talk about
[01:15:01.080 --> 01:15:07.080]  My plan to eliminate the profession of lawyer
[01:15:07.080 --> 01:15:11.080]  And get lawyers to pay me to do it
[01:15:11.080 --> 01:15:16.080]  This is part of the tool
[01:15:16.080 --> 01:15:24.080]  We'll take this and if you have a lawyer here that say fights traffic tickets
[01:15:24.080 --> 01:15:28.080]  Or a lawyer that's had a problem with getting open records
[01:15:28.080 --> 01:15:31.080]  We'll give him the tool
[01:15:31.080 --> 01:15:35.080]  He goes through it and it'll tell him everything he needs to do
[01:15:35.080 --> 01:15:41.080]  Every step, every time something implicates a bar grievance, implicates a criminal act
[01:15:41.080 --> 01:15:46.080]  We'll create a set of questions that the user can go through
[01:15:46.080 --> 01:15:50.080]  Did they do this? Did they do that? Did they do this?
[01:15:50.080 --> 01:16:00.080]  And if they say yes on this one then we ask the questions that elicit the information we need to address that issue
[01:16:00.080 --> 01:16:07.080]  Then it spits out the documents they need and then brings them back to the questionnaire and they keep going
[01:16:07.080 --> 01:16:14.080]  I've talked to lawyers about this and they absolutely love this kind of thing
[01:16:14.080 --> 01:16:19.080]  Because the computer never ever forgets to ask questions
[01:16:19.080 --> 01:16:25.080]  And the lawyers add their information to it so they can have their name in the system
[01:16:25.080 --> 01:16:30.080]  And get people to see what they've done and call them so they love to add to it
[01:16:30.080 --> 01:16:33.080]  They'll build it for us
[01:16:33.080 --> 01:16:37.080]  We collect all these lawyers' expertise
[01:16:37.080 --> 01:16:39.080]  Make it available to the pro-sale
[01:16:39.080 --> 01:16:43.080]  The pro-sale come in and keep their behinds
[01:16:43.080 --> 01:16:47.080]  I'll talk about why we have such an advantage when we come back on the other side
[01:16:47.080 --> 01:16:51.080]  This is Randy Kelton, Deborah Stephens, rule of law radio
[01:16:51.080 --> 01:16:55.080]  I'll call in number 512-646-1984
[01:16:55.080 --> 01:17:04.080]  We'll be right back
[01:17:25.080 --> 01:17:31.080]  Ain't I a sight compared to what I used to be?
[01:17:31.080 --> 01:17:36.080]  Calcium, magnesium, selenium and zinc
[01:17:36.080 --> 01:17:42.080]  Take a moment now and think if you have a little drink
[01:17:42.080 --> 01:17:48.080]  Every day will bring the life that you've been looking for
[01:17:48.080 --> 01:17:55.080]  Beyond Tangy Tangerine is available at Brave New Books, located at 1904 Guadalupe Street
[01:17:55.080 --> 01:18:00.080]  The bookstore also carries the works of Dr. Joel Wallach, founder of Young Jevity
[01:18:00.080 --> 01:18:03.080]  and creator of Beyond Tangy Tangerine
[01:18:03.080 --> 01:18:07.080]  At Capital Coin in Boolean, our mission is to be your preferred shopping destination
[01:18:07.080 --> 01:18:12.080]  by delivering excellent customer service and outstanding value at an affordable price
[01:18:12.080 --> 01:18:16.080]  Capital Coin features a great selection of high quality coins and precious metals
[01:18:16.080 --> 01:18:19.080]  In addition to providing the best prices in the nation
[01:18:19.080 --> 01:18:23.080]  we want to bring you the best shopping experience both in-store and online
[01:18:23.080 --> 01:18:27.080]  In addition to coins and Boolean, we carry popular Young Jevity products
[01:18:27.080 --> 01:18:30.080]  such as Beyond Tangy Tangerine and Pollen Burst
[01:18:30.080 --> 01:18:34.080]  We offer freeze-dried storable foods by Augustin Farms, Bergy Water Products
[01:18:34.080 --> 01:18:37.080]  ammunition at 10% above wholesale and more
[01:18:37.080 --> 01:18:42.080]  You can lock in a spot price with our Silver Pool and we set up metals IRA accounts
[01:18:42.080 --> 01:18:46.080]  Call us at 512-646-644-0 for more details
[01:18:46.080 --> 01:18:51.080]  We're located at 7304 Burnett Road, 3A, about a half mile south of Anderson
[01:18:51.080 --> 01:18:55.080]  We're open Monday through Friday 10-6, Saturday 10-2
[01:18:55.080 --> 01:19:13.080]  Visit us at CapitalCoinandBoolean.com or call 512-646-644-0
[01:19:13.080 --> 01:19:29.080]  We're open Monday through Friday 10-2, Saturday 10-2, Saturday 10-2, Saturday 10-2
[01:19:29.080 --> 01:19:56.080]  Visit us at CapitalCoinandBoolean.com or call 512-646-644-0
[01:19:56.080 --> 01:20:01.080]  Okay, we are back, glad to tell Debra Stevens to move on radio
[01:20:01.080 --> 01:20:08.080]  We lost a caller, but the thing about these tools if we get them up
[01:20:08.080 --> 01:20:17.080]  is in getting the lawyers, the biggest, the thing the lawyers most afraid of
[01:20:17.080 --> 01:20:22.080]  is missing something because they're learned counsel
[01:20:22.080 --> 01:20:27.080]  And the only reason you pay them is because they're learned counsel
[01:20:27.080 --> 01:20:33.080]  But what they really know is they don't know squat
[01:20:33.080 --> 01:20:40.080]  They learn a lot about law in law school but not about the practice of law
[01:20:40.080 --> 01:20:46.080]  Not about how to extract the information you need from your client
[01:20:46.080 --> 01:20:51.080]  They don't learn about how to file a motion, how to get a motion set for hearing
[01:20:51.080 --> 01:20:55.080]  All of these things that go to the practice of law, they don't know
[01:20:55.080 --> 01:21:03.080]  And because they are learned counsel, they have to act like they know
[01:21:03.080 --> 01:21:07.080]  I have a friend who has a book by a psychiatrist who was a lawyer
[01:21:07.080 --> 01:21:11.080]  and then went to school and became a psychiatrist and he only treats lawyers
[01:21:11.080 --> 01:21:17.080]  And primarily he treats this imposter syndrome and he treats only lawyers because they never get better
[01:21:17.080 --> 01:21:21.080]  Because they always feel like imposters
[01:21:21.080 --> 01:21:25.080]  So that goes to their fear of missing something
[01:21:25.080 --> 01:21:28.080]  That'll get them sanctioned, it'll get them sued quicker and anything
[01:21:28.080 --> 01:21:36.080]  So we offer them a tool that never forgets to ask the right question unless it's not in there
[01:21:36.080 --> 01:21:41.080]  And if we miss one, we ask them to add it to it
[01:21:41.080 --> 01:21:47.080]  And in this way we collect the expertise of all of these lawyers
[01:21:47.080 --> 01:21:51.080]  And then we make it available to the procé
[01:21:51.080 --> 01:21:56.080]  And the procé has an advantage over the lawyer now
[01:21:56.080 --> 01:22:04.080]  Because the procé now has the information that the lawyer does
[01:22:04.080 --> 01:22:10.080]  And he also has a level of freedom the lawyer does not have
[01:22:10.080 --> 01:22:14.080]  The lawyer can't file a judicial conduct complaint against the judge
[01:22:14.080 --> 01:22:18.080]  Because he does, he risks his career
[01:22:18.080 --> 01:22:21.080]  Procés don't have to worry about that
[01:22:21.080 --> 01:22:26.080]  The lawyer is not going to bar grieve the lawyer on the other side at the drop of a hat
[01:22:26.080 --> 01:22:29.080]  Because they get the same thing done to him
[01:22:29.080 --> 01:22:33.080]  Procés don't have to worry about that stuff
[01:22:33.080 --> 01:22:38.080]  A procé can miss something, can misstate an argument
[01:22:38.080 --> 01:22:41.080]  They're not subject to sanctions the way lawyers are
[01:22:41.080 --> 01:22:46.080]  Because the procé, they're not expected to be learned in counsel
[01:22:46.080 --> 01:22:49.080]  So that lets us come back in with a tremendous advantage
[01:22:49.080 --> 01:22:54.080]  Okay, we are going to go to Dana in Texas
[01:22:54.080 --> 01:22:55.080]  That's me
[01:22:55.080 --> 01:22:56.080]  Hello Dana
[01:22:56.080 --> 01:22:58.080]  How are you?
[01:22:58.080 --> 01:23:02.080]  I am good, I don't care what everybody says
[01:23:02.080 --> 01:23:05.080]  Well, I'm just so happy to have found you
[01:23:05.080 --> 01:23:09.080]  I've been listening to your station a little bit when I get the opportunity
[01:23:09.080 --> 01:23:14.080]  Back a long time ago when Ezra Taff Benson was the Secretary of Agriculture
[01:23:14.080 --> 01:23:19.080]  He had written a book basically saying enemies have done this
[01:23:19.080 --> 01:23:24.080]  Talking about the infiltration of our government and by the continent
[01:23:24.080 --> 01:23:27.080]  Are you talking about Hightower?
[01:23:27.080 --> 01:23:32.080]  No, Ezra Taff Benson, he was the Secretary of Agriculture under Eisenhower
[01:23:32.080 --> 01:23:34.080]  Oh, okay, I'm sorry
[01:23:34.080 --> 01:23:38.080]  He encouraged all of us to read and study and learn the Constitution
[01:23:38.080 --> 01:23:41.080]  So we would know what our rights are
[01:23:41.080 --> 01:23:46.080]  So way back then I started looking at all the stuff going on, the conspiracies and all that stuff
[01:23:46.080 --> 01:23:50.080]  I've been studying it off and on since 83, but of course no one would ever believe it was true
[01:23:50.080 --> 01:23:54.080]  Now I wish I had really learned the Constitution, but you really encouraged me
[01:23:54.080 --> 01:24:00.080]  And I have a couple of questions of maybe you can help me, I don't know
[01:24:00.080 --> 01:24:06.080]  I have a son who has a motorcycle and a boat
[01:24:06.080 --> 01:24:15.080]  And I was staying at this girl's house temporarily while my foot healed after an operation
[01:24:15.080 --> 01:24:21.080]  And she insisted on me, I had the power of attorney and the title stood a boat and a motorcycle
[01:24:21.080 --> 01:24:25.080]  And she insisted that I leave it there, that would be the best place to leave it
[01:24:25.080 --> 01:24:33.080]  And so I did, and then later Chris came, my son, and he lived there and rented a room from her
[01:24:33.080 --> 01:24:38.080]  And formally, I guess you'd say, I don't think they had any paperwork, she just wanted him to come
[01:24:38.080 --> 01:24:40.080]  And they're like brothers and sisters
[01:24:40.080 --> 01:24:48.080]  Well, as it turns out, the two of them do some stupid stuff and they get picked up and get incarcerated
[01:24:48.080 --> 01:25:01.080]  And her brother comes and gets Chris's boat and puts it in his shop, which is in taste and sense
[01:25:01.080 --> 01:25:09.080]  And they let the idiot use the bike that doesn't even have a license and he's driving around town
[01:25:09.080 --> 01:25:14.080]  And so I saw it in the yard and I had called the police about it
[01:25:14.080 --> 01:25:18.080]  And so they said, well, next time you see the bike, call us
[01:25:18.080 --> 01:25:21.080]  So I did and it turned out to be a different set of police
[01:25:21.080 --> 01:25:28.080]  And the bike is in the yard at her house and I have the title in my hand and I'm standing there in front of the house
[01:25:28.080 --> 01:25:33.080]  And they refused to give me the bike to make this guy with no driver's license
[01:25:33.080 --> 01:25:37.080]  And it didn't belong to him, he literally had stolen it and was driving it around
[01:25:37.080 --> 01:25:42.080]  They refused to give me the bike even though I had the title in my hand
[01:25:42.080 --> 01:25:44.080]  So who refused to give it to you?
[01:25:44.080 --> 01:25:46.080]  The police
[01:25:46.080 --> 01:25:48.080]  The police
[01:25:48.080 --> 01:25:57.080]  So I wondered if there was anything I could do to get the bike and the boat that's over at that shop and to get the...
[01:25:57.080 --> 01:25:59.080]  Yeah, that would...
[01:25:59.080 --> 01:26:02.080]  What is the value of the bike and the boat combined?
[01:26:02.080 --> 01:26:12.080]  The bike's value is about $5,500, $5,000 somewhere around here and the boat's value is just $17,000 to $21,000
[01:26:12.080 --> 01:26:14.080]  Okay, Sue...
[01:26:14.080 --> 01:26:17.080]  The trailer, there's a $5,000 trailer
[01:26:17.080 --> 01:26:21.080]  Okay, Sue whoever has it
[01:26:21.080 --> 01:26:26.080]  And see, that would go to the county court
[01:26:26.080 --> 01:26:28.080]  Okay
[01:26:28.080 --> 01:26:31.080]  Sue them for possession
[01:26:31.080 --> 01:26:33.080]  Okay
[01:26:33.080 --> 01:26:36.080]  You can't show that they...
[01:26:36.080 --> 01:26:43.080]  If they took possession of it with tacit permission
[01:26:43.080 --> 01:26:49.080]  Well, I went over there and I told David that had the boat
[01:26:49.080 --> 01:26:54.080]  I said, you know, I came to pick up the boat and he's like, I'm not...
[01:26:54.080 --> 01:26:56.080]  You're not going to get the boat, you know
[01:26:56.080 --> 01:27:02.080]  And then he tried to say it was abandoned and I went, it's been here four days, it's not abandoned
[01:27:02.080 --> 01:27:04.080]  It hasn't even been a week
[01:27:04.080 --> 01:27:08.080]  And he was just thinking he'd keep it for himself
[01:27:08.080 --> 01:27:10.080]  Yeah
[01:27:10.080 --> 01:27:15.080]  You file a suit against him, that will get his attention
[01:27:15.080 --> 01:27:16.080]  Okay
[01:27:16.080 --> 01:27:17.080]  And...
[01:27:17.080 --> 01:27:21.080]  Well, I have to keep it without an attorney because I just came for money for an attorney
[01:27:21.080 --> 01:27:25.080]  No, you can do it without an attorney
[01:27:25.080 --> 01:27:29.080]  He'll probably hire an attorney, we sure had a beat up his attorney
[01:27:29.080 --> 01:27:31.080]  Okay, that'd be great
[01:27:31.080 --> 01:27:34.080]  If you've researched, this is not a difficult issue
[01:27:34.080 --> 01:27:37.080]  If you have title to the property
[01:27:37.080 --> 01:27:38.080]  Uh-huh
[01:27:38.080 --> 01:27:42.080]  Then you just sue for possession
[01:27:42.080 --> 01:27:46.080]  And this is not real complex
[01:27:46.080 --> 01:27:50.080]  You got the title, it shows it belongs to you
[01:27:50.080 --> 01:27:55.080]  And, okay, there were some things you need to have to get a little more information
[01:27:55.080 --> 01:27:59.080]  Your son purchased this property
[01:27:59.080 --> 01:28:03.080]  But he gave you power of attorney over the property
[01:28:03.080 --> 01:28:04.080]  Correct
[01:28:04.080 --> 01:28:06.080]  Okay, so...
[01:28:06.080 --> 01:28:12.080]  You can exercise your power of attorney and claim ownership of it
[01:28:12.080 --> 01:28:23.080]  And he can claim that... Well, he claimed that he got the property with the permission of your son
[01:28:23.080 --> 01:28:25.080]  No, he did not
[01:28:25.080 --> 01:28:27.080]  He stole it, I mean, he took it without permission
[01:28:27.080 --> 01:28:30.080]  Okay, you need to... Okay, that's different than...
[01:28:30.080 --> 01:28:33.080]  If he didn't have test of permission
[01:28:33.080 --> 01:28:39.080]  And after he took it, you went to retrieve it and he failed to...
[01:28:39.080 --> 01:28:40.080]  He wouldn't really...
[01:28:40.080 --> 01:28:43.080]  Then filed criminal charges against him
[01:28:43.080 --> 01:28:46.080]  We don't care what the police say
[01:28:46.080 --> 01:28:51.080]  If you listen to our show much, you'll find out we don't care what the police say
[01:28:51.080 --> 01:28:58.080]  You take your criminal complaint to the prosecute attorney or to some magistrate
[01:28:58.080 --> 01:29:10.080]  You go to a local JP and say, write out a... First write out a statement of facts
[01:29:10.080 --> 01:29:15.080]  And the best way to get a statement of facts is to do a timeline
[01:29:15.080 --> 01:29:21.080]  Say, on this day, this happened, this happened, this happened, this happened
[01:29:21.080 --> 01:29:28.080]  Use that as your statement of facts and then do a statement of factual accusation
[01:29:28.080 --> 01:29:31.080]  When he did this, it amounted to this
[01:29:31.080 --> 01:29:34.080]  When he did that, it amounted to this crime here
[01:29:34.080 --> 01:29:40.080]  And lay out why you have a right to possession, give it to the court
[01:29:40.080 --> 01:29:47.080]  And file it with a... I'll have to think about if it's the right one to claim
[01:29:47.080 --> 01:29:49.080]  I'll think about that over the break
[01:29:49.080 --> 01:29:52.080]  We'll be right back, this is Randy Kelton, Debra Stevens
[01:29:52.080 --> 01:29:57.080]  We would law radio our calling number 512-646-1984
[01:29:57.080 --> 01:30:20.080]  We'll be right back
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[01:30:46.080 --> 01:30:50.080]  Michael Ireland got much more than an eyeful at South Florida's Cheetah Strip Club
[01:30:50.080 --> 01:30:54.080]  He was billied up to the bar where the exotic Suki was performing
[01:30:54.080 --> 01:31:00.080]  Startled by a grope, she turned suddenly and nailed Ireland in the eye with the metal heel of her platform shoe
[01:31:00.080 --> 01:31:04.080]  The results broke an eye and nose bones and permanent double vision
[01:31:04.080 --> 01:31:08.080]  Ireland sued and walked away with a cool 650 grand
[01:31:08.080 --> 01:31:11.080]  I had to dig deep but I did find a moral to this story
[01:31:11.080 --> 01:31:15.080]  A strip club might seem a safe place till you take a high heel in the face
[01:31:15.080 --> 01:31:18.080]  It could double your vision and you'll suffer derision
[01:31:18.080 --> 01:31:21.080]  But you'll score big time by filing a case
[01:31:21.080 --> 01:31:26.080]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[01:31:33.080 --> 01:31:38.080]  Here at Zombie Killer Ammo and Guns, we believe that the Second Amendment guarantees our rights as citizens
[01:31:38.080 --> 01:31:41.080]  to be able to defend ourselves and our loved ones
[01:31:41.080 --> 01:31:46.080]  We also believe that the right to carry weapons comes with the responsibility of being safe and smart about guns
[01:31:46.080 --> 01:31:53.080]  If you're going to be in the Corpus Christi area, give us a call at 361-704-6103
[01:31:53.080 --> 01:31:57.080]  Ask for Chris or Portia and mention this radio ad for a 10% discount
[01:31:57.080 --> 01:31:59.080]  We can ship ammo, parts and accessories
[01:31:59.080 --> 01:32:17.080]  Like us on Facebook at ZombieKillers, LLC
[01:32:30.080 --> 01:32:36.080]  We urge our listeners to please visit us at hempusa.org
[01:32:36.080 --> 01:32:40.080]  And remember, all of our products are chemical free and healthy to eat
[01:32:40.080 --> 01:32:45.080]  We constantly strive to give you the best service, highest quality and rapid shipping anywhere
[01:32:45.080 --> 01:32:49.080]  And we offer free shipping on orders over $95 in the US
[01:32:49.080 --> 01:32:55.080]  Please visit us at hempusa.org or call 908-6912608
[01:32:55.080 --> 01:33:02.080]  See what our powder, seeds and oil can do for you at hempusa.org
[01:33:25.080 --> 01:33:32.080]  Off the tools of engineering, to use against the workers of iniquity
[01:33:32.080 --> 01:33:37.080]  To learn about the capability, to fail above all eternity
[01:33:37.080 --> 01:33:44.080]  They come from natural amenity, with step-by-step roots in authenticity
[01:33:44.080 --> 01:33:50.080]  The tools to wreak in dignity, to rebuild the pride and the misery
[01:33:50.080 --> 01:33:57.080]  And I say, true to nature, must be just decidedly
[01:33:57.080 --> 01:34:03.080]  True to nature, must be justice
[01:34:03.080 --> 01:34:08.080]  And though it's a daunting task, at least I got to see the sea
[01:34:08.080 --> 01:34:12.080]  Ask them all to just take off the silly mind
[01:34:12.080 --> 01:34:15.080]  And in the light of day, we all will pass
[01:34:15.080 --> 01:34:23.080]  Now, kind of somebody muted my mic again when I wasn't looking
[01:34:23.080 --> 01:34:26.080]  I don't know how that happened
[01:34:26.080 --> 01:34:28.080]  I'm sorry, Dana
[01:34:28.080 --> 01:34:32.080]  I'm having a brain dead day
[01:34:32.080 --> 01:34:37.080]  I would start out with felony theft against this guy
[01:34:37.080 --> 01:34:44.080]  And, or you might try, instead of going to the magistrate
[01:34:44.080 --> 01:34:55.080]  Go to the district attorney and make up a criminal complaint against the guy
[01:34:55.080 --> 01:35:04.080]  You can look on my website, jurisimprudence.com
[01:35:04.080 --> 01:35:07.080]  And on there I have a bunch of criminal complaints
[01:35:07.080 --> 01:35:12.080]  You might click the, there's a link right at the top for Cherokee County
[01:35:12.080 --> 01:35:17.080]  You click in there and you'll find a folder with criminal complaints in it
[01:35:17.080 --> 01:35:21.080]  And that'll show you how to structure a criminal complaint
[01:35:21.080 --> 01:35:28.080]  Make up one of those, take it to a notary and have it notarized
[01:35:28.080 --> 01:35:32.080]  And then take it down and ask to see the prosecuting attorney
[01:35:32.080 --> 01:35:34.080]  Well, you're not going to get to see the prosecuting attorney
[01:35:34.080 --> 01:35:37.080]  They're going to send out these investigators
[01:35:37.080 --> 01:35:45.080]  And all the time, you know, I had this guy steal his boat and motorcycle from my son who got put in prison
[01:35:45.080 --> 01:35:49.080]  And I have power of attorney to take care of the property from my son
[01:35:49.080 --> 01:35:52.080]  But this guy stole it and I can't get him to give it back
[01:35:52.080 --> 01:35:58.080]  So I want you to arrest him and give him the criminal complaint
[01:35:58.080 --> 01:36:03.080]  And what they're going to do is they're going to go down and talk to him
[01:36:03.080 --> 01:36:10.080]  And they're going to say, I got this woman trying to get us to arrest you for stealing this boat
[01:36:10.080 --> 01:36:16.080]  You want to show us why we shouldn't arrest you for stealing this boat?
[01:36:16.080 --> 01:36:21.080]  Good chance he'll get the boat back to you
[01:36:21.080 --> 01:36:28.080]  That would probably be the simplest way to get it to him
[01:36:28.080 --> 01:36:37.080]  You turn it within a couple days, you go to the justice of the peace
[01:36:37.080 --> 01:36:41.080]  File the complaint with the justice of the peace
[01:36:41.080 --> 01:36:47.080]  And this is the question I'm not sure how to
[01:36:47.080 --> 01:36:54.080]  I have a question in my mind that I don't exactly know how to answer
[01:36:54.080 --> 01:37:01.080]  I would want to file something with the JP to get an order from the JP
[01:37:01.080 --> 01:37:06.080]  Ordering the other person to release the property to you
[01:37:06.080 --> 01:37:20.080]  And ordering the other person to not do anything to divest himself of the property
[01:37:20.080 --> 01:37:25.080]  Because if you start coming after him for the property he may sell it
[01:37:25.080 --> 01:37:31.080]  Or stash it somewhere where they can't find it so they have no evidence
[01:37:31.080 --> 01:37:34.080]  So we need to stop him from doing that
[01:37:34.080 --> 01:37:39.080]  But calculate how much it is, it's probably going to be something that'll go to a county court
[01:37:39.080 --> 01:37:47.080]  So just file suit against him to recover this property
[01:37:47.080 --> 01:37:53.080]  And ask for restraining order against him to prevent him from damaging it
[01:37:53.080 --> 01:37:58.080]  Or disposing of the property until your suit can be adjudicated
[01:37:58.080 --> 01:38:01.080]  That would tend to protect your property
[01:38:01.080 --> 01:38:07.080]  Probably would be best to get a lawyer
[01:38:07.080 --> 01:38:12.080]  Okay, with that said
[01:38:12.080 --> 01:38:18.080]  Now we talk about how to deal with lawyers
[01:38:18.080 --> 01:38:22.080]  This is a part
[01:38:22.080 --> 01:38:25.080]  Go ahead
[01:38:25.080 --> 01:38:31.080]  Okay, it's important to understand where lawyers live
[01:38:31.080 --> 01:38:40.080]  It is not the lawyer's primary purpose to fairly and effectively adjudicate your case
[01:38:40.080 --> 01:38:44.080]  You are a money source
[01:38:44.080 --> 01:38:53.080]  The first calculation the lawyer is going to make is how much can I extract from this client?
[01:38:53.080 --> 01:39:01.080]  If you get lawyers on both sides they probably get together with one another either directly or tacitly
[01:39:01.080 --> 01:39:08.080]  And look at how much they can extract from both parties
[01:39:08.080 --> 01:39:16.080]  And once they've extracted all they can from both parties then they'll come together and make a deal
[01:39:16.080 --> 01:39:21.080]  So all they care about is how much money they can make
[01:39:21.080 --> 01:39:28.080]  So when we understand that now we better understand how to handle the lawyer
[01:39:28.080 --> 01:39:34.080]  So once you get the lawyer into the contract
[01:39:34.080 --> 01:39:41.080]  Then you can land on him like a ton of bricks if he even looks in the wrong direction
[01:39:41.080 --> 01:39:46.080]  Before you get the lawyer to sign a contract with you
[01:39:46.080 --> 01:39:51.080]  Don't tell him about bar grievances
[01:39:51.080 --> 01:39:55.080]  Don't give him any indication you know
[01:39:55.080 --> 01:40:01.080]  And once he's engaged with you then you make him aware
[01:40:01.080 --> 01:40:12.080]  The best way to make him aware that you know about bar grievances and how to use them is to bar grieve the lawyer on the other side
[01:40:12.080 --> 01:40:19.080]  You bar grieve the lawyer on the other side and if you go to bar grievance.net
[01:40:19.080 --> 01:40:29.080]  And I have the standards for the prosecutorial function and the American Bar Association standards for lawyers
[01:40:29.080 --> 01:40:32.080]  It's in a map format so it's really easy to go through
[01:40:32.080 --> 01:40:45.080]  You click on the bar association standards side and open that up and just kind of walk down through some of those things you can clobber a lawyer for
[01:40:45.080 --> 01:40:49.080]  You will be surprised
[01:40:49.080 --> 01:40:56.080]  If you can get one or two grievances filed against, if he gets a lawyer which he probably will
[01:40:56.080 --> 01:41:03.080]  If you get one or two grievances filed against that lawyer, that lawyer is going to go ballistic
[01:41:03.080 --> 01:41:09.080]  The first one will double his malpractice insurance
[01:41:09.080 --> 01:41:13.080]  Ok, this is how it works with lawyers
[01:41:13.080 --> 01:41:18.080]  If you file a bar grievance against a lawyer in the state of Texas
[01:41:18.080 --> 01:41:24.080]  The state bar of Texas is going to get that grievance and they're going to throw it in the trash
[01:41:24.080 --> 01:41:28.080]  And they're going to send you this letter said we examined into your accusation
[01:41:28.080 --> 01:41:34.080]  Find that does not rise to the level of misconduct makes no difference what you file
[01:41:34.080 --> 01:41:38.080]  They are not there to handle your grievance
[01:41:38.080 --> 01:41:44.080]  They're there to act as a public relations agency for the lawyers
[01:41:44.080 --> 01:41:53.080]  Their problem is, is the insurance company knows they're going to throw it in the trash
[01:41:53.080 --> 01:41:59.080]  So how does their insurance company determine their level of risk?
[01:41:59.080 --> 01:42:04.080]  By valid bar grievances, heck they throw them all out
[01:42:04.080 --> 01:42:10.080]  If you file a bar grievance that says this dirty rotten shyster
[01:42:10.080 --> 01:42:15.080]  Why, he parts his hair on the left if you can believe that
[01:42:15.080 --> 01:42:17.080]  He should be disbarred
[01:42:17.080 --> 01:42:21.080]  They're going to send you a letter that says we examined into your allegation
[01:42:21.080 --> 01:42:24.080]  And find it does not rise to the level of misconduct
[01:42:24.080 --> 01:42:30.080]  I set a bar grievance with 38 criminal complaints
[01:42:30.080 --> 01:42:36.080]  We examined into your accusation and find it does not rise to the level of misconduct
[01:42:36.080 --> 01:42:40.080]  So, the insurance company knows that
[01:42:40.080 --> 01:42:42.080]  So this is how it works
[01:42:42.080 --> 01:42:47.080]  One bar grievance, your first year of practice to cancel immediately
[01:42:47.080 --> 01:42:51.080]  Two bar grievances, any one year of practice to cancel
[01:42:51.080 --> 01:42:55.080]  Three, they'll cancel your law firm's malpractice insurance
[01:42:55.080 --> 01:43:05.080]  I had a lawyer tell me that's patently unfair and I'm grinning from ear to ear
[01:43:05.080 --> 01:43:10.080]  And he said, oh I knew I shouldn't have told you that
[01:43:10.080 --> 01:43:16.080]  That is their weakness, they do not want us to find that out
[01:43:16.080 --> 01:43:21.080]  So, I wouldn't suggest threatening your lawyer directly
[01:43:21.080 --> 01:43:25.080]  But when you start grieving the other lawyer
[01:43:25.080 --> 01:43:31.080]  If your lawyer tries to say one word about it, you stop it
[01:43:31.080 --> 01:43:35.080]  Oh no, we can't talk about that
[01:43:35.080 --> 01:43:40.080]  That's private, I am forbidden and so are you
[01:43:40.080 --> 01:43:47.080]  That tells him, you mess with me and I will kick your butt every way from Sunday
[01:43:47.080 --> 01:43:51.080]  Hang on Randy Calton, Denver Stevens, rule of law radio
[01:43:51.080 --> 01:43:58.080]  We will be right back on the other side, our call in number 512-646-1984
[01:43:58.080 --> 01:44:00.080]  We'll be right back
[01:44:02.080 --> 01:44:05.080]  It is so enlightening to listen to 90.1 FM
[01:44:05.080 --> 01:44:11.080]  But finding things on the internet isn't so easy and neither is finding like-minded people to share it with
[01:44:11.080 --> 01:44:14.080]  Oh well, I guess you haven't heard of Brave New Books then
[01:44:14.080 --> 01:44:15.080]  Brave New Books?
[01:44:15.080 --> 01:44:22.080]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul and G. Albert Griffin
[01:44:22.080 --> 01:44:26.080]  They even stock inner food, Burkey products and Calvin Soap
[01:44:26.080 --> 01:44:28.080]  There's no way a place like that exists
[01:44:28.080 --> 01:44:34.080]  Go check it out for yourself, it's downtown at 1904 Guadalupe Street just south of UT
[01:44:34.080 --> 01:44:38.080]  Oh by UT, there's never anywhere to park down there
[01:44:38.080 --> 01:44:44.080]  Actually they now offer a free hour of parking for paying customers at the 500 MLK parking facility
[01:44:44.080 --> 01:44:46.080]  Just behind the bookstore
[01:44:46.080 --> 01:44:49.080]  It does exist, but when are they open?
[01:44:49.080 --> 01:44:54.080]  Monday through Saturday, 11am to 9pm and 1-6pm on Sundays
[01:44:54.080 --> 01:45:01.080]  So give them a call at 512-480-2503 or check out their events page at BraveNewBookstore.com
[01:45:01.080 --> 01:45:05.080]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:17.080 --> 01:45:21.080]  If you have a lawyer, know what your lawyer should be doing
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[01:46:24.080 --> 01:46:50.080]  The people come down from the hill
[01:46:50.080 --> 01:46:57.080]  The people come down from the hill
[01:46:57.080 --> 01:47:05.080]  Into the city they will shuffle
[01:47:05.080 --> 01:47:12.080]  Many long nights, many strong thrills
[01:47:12.080 --> 01:47:20.080]  Okay, we are back, Randy Kelton, Debbie Stevens from Rule of Law Radio and we're talking to Dana in Texas
[01:47:20.080 --> 01:47:24.080]  Dana, have you kind of got the idea?
[01:47:24.080 --> 01:47:26.080]  I think so
[01:47:26.080 --> 01:47:32.080]  Take a couple of shows, you need to hear this a couple of times and there's more to it, more than I have time for right now
[01:47:32.080 --> 01:47:41.080]  But generally the idea is if you're a knowledgeable pro se, you can control these guys
[01:47:41.080 --> 01:47:43.080]  So I'm going to be knowledgeable
[01:47:43.080 --> 01:47:49.080]  We can find justice in an unjust world
[01:47:49.080 --> 01:47:58.080]  Okay, keep us up to date, when you start putting together your suit, call us, ask us specific questions
[01:47:58.080 --> 01:48:03.080]  I get better if I've got specific questions, I can address them better
[01:48:03.080 --> 01:48:10.080]  I wanted to mention one other thing and ask you one of the questions about the grievance against a different attorney
[01:48:10.080 --> 01:48:21.080]  He called the attorney that was representing my son at the parole board and tried to get, he represents the girl that lived at the house that Chris rented the room from
[01:48:21.080 --> 01:48:24.080]  Who's trying to take the bike and the boat
[01:48:24.080 --> 01:48:35.080]  And he called and tried to get the attorney hand over the titles that I had given the attorney to hold on to until I could pay him
[01:48:35.080 --> 01:48:42.080]  And he called and tried to get them to give him the titles to the boat and the bike
[01:48:42.080 --> 01:48:47.080]  Now to me that seems very unethical since they don't belong to him for sure
[01:48:47.080 --> 01:48:50.080]  Oh, a lawyer?
[01:48:50.080 --> 01:48:51.080]  Yes
[01:48:51.080 --> 01:49:01.080]  Absolutely, look in, go through the bar association standards, you'll find one that addresses right close to that issue
[01:49:01.080 --> 01:49:04.080]  And send them a nice agreement, great
[01:49:04.080 --> 01:49:08.080]  Yes, so go to bargrievance.net
[01:49:08.080 --> 01:49:09.080]  Okay
[01:49:09.080 --> 01:49:23.080]  And click on create a bar grievance and it'll give you all of the standards right there and you can go down and walk through them and it'll be really easy to go through
[01:49:23.080 --> 01:49:27.080]  Great, I will do that and I'll be reporting back
[01:49:27.080 --> 01:49:29.080]  Okay, thank you
[01:49:29.080 --> 01:49:33.080]  Thank you so much, I enjoyed it and I really love your show, I wish you were on earlier
[01:49:33.080 --> 01:49:37.080]  Well, thank you very much
[01:49:37.080 --> 01:49:41.080]  Okay, we're going to go to Tony in Illinois
[01:49:41.080 --> 01:49:46.080]  Hello Tony, I'm sorry I held you up so long
[01:49:46.080 --> 01:49:48.080]  What do you have for us?
[01:49:48.080 --> 01:50:01.080]  Well, I was hoping and it filled me in a little bit on trying to get the clock restarted on the foreclosure case due to lack of notice
[01:50:01.080 --> 01:50:16.080]  I got your email, I have not had time to go through it, I have a big television interview tomorrow and I've been struggling to build some websites and build some interactive documents and have them ready
[01:50:16.080 --> 01:50:20.080]  So I didn't get to go through the email you sent me yet
[01:50:20.080 --> 01:50:24.080]  The local interview?
[01:50:24.080 --> 01:50:28.080]  Wait, yes, the local TV for Dallas, Syria
[01:50:28.080 --> 01:50:39.080]  Well, basically just if it is, she didn't do anything, it is an offender until like two months after the order of approving the sale
[01:50:39.080 --> 01:50:48.080]  Okay, she hired an attorney, the attorney got that set aside due to lack of notice and the order of approving the sale it is
[01:50:48.080 --> 01:50:57.080]  Got that set aside due to lack of notice and the fact that she was doing a modification
[01:50:57.080 --> 01:51:00.080]  He got that order due to the fact that they didn't show
[01:51:00.080 --> 01:51:10.080]  Okay, now the plaintiff subsequently filed an order striking that order or to set aside that order
[01:51:10.080 --> 01:51:13.080]  But they didn't do a hearing, okay
[01:51:13.080 --> 01:51:18.080]  Okay, so the plaintiff filed a motion to strike the order
[01:51:18.080 --> 01:51:23.080]  Yeah, to strike the order, setting aside the order of approval for sale
[01:51:23.080 --> 01:51:30.080]  Okay, have you pulled all the records from the county registrar's office?
[01:51:30.080 --> 01:51:47.080]  Well, that is one aspect of the case, but we can't really go to that due to the time, you know, just because she didn't do anything until, you know, two months after that order
[01:51:47.080 --> 01:52:00.080]  And in that email, I told you that you have to bring up standing by the order of foreclosure in Illinois
[01:52:00.080 --> 01:52:08.080]  So you have to beat, well, there's another issue you can bring in the federal court
[01:52:08.080 --> 01:52:10.080]  What's that?
[01:52:10.080 --> 01:52:26.080]  You can bring standing in the federal court because 15 U.S.C. 1692 G creates statutory estoppel once you've challenged the debt
[01:52:26.080 --> 01:52:31.080]  Did she at any time send a debt validation letter?
[01:52:31.080 --> 01:52:33.080]  No, she didn't
[01:52:33.080 --> 01:52:38.080]  Yeah, she's far along
[01:52:38.080 --> 01:52:42.080]  Oh yeah, kind of in a precarious position
[01:52:42.080 --> 01:52:50.080]  But now you said you might be able to get to the clock where you started, but is it too late to even do that?
[01:52:50.080 --> 01:52:58.080]  Due to the lack of notice because she didn't receive notice for the motion for foreclosure
[01:52:58.080 --> 01:53:02.080]  That should be enough to overturn the foreclosure
[01:53:02.080 --> 01:53:12.080]  Notice is one thing that the courts generally respond to well just because this guy filed a motion to strike the order
[01:53:12.080 --> 01:53:16.080]  That doesn't mean he's going to get it
[01:53:16.080 --> 01:53:24.080]  If he can't prove that she got proper notice, then they'll overturn the foreclosure
[01:53:24.080 --> 01:53:32.080]  But is it the fact that she didn't do anything until two months after the order approving the stamp?
[01:53:32.080 --> 01:53:36.080]  The whole thing goes to notice if she didn't know about it
[01:53:36.080 --> 01:53:42.080]  Well, she did have notice by that time
[01:53:42.080 --> 01:53:47.080]  Okay, if the notice was not timely, then it's not going to matter
[01:53:47.080 --> 01:53:53.080]  Well, I don't know, it may go to latches
[01:53:53.080 --> 01:53:58.080]  She's going to have a difficult time, not doing anything, the court's really really frowned on that
[01:53:58.080 --> 01:54:03.080]  If she did get notice, even if the notice was late
[01:54:03.080 --> 01:54:12.080]  Then under the doctrine of latches, she had a duty to take action to protect her interest
[01:54:12.080 --> 01:54:21.080]  If she didn't take action to take her interest, she waived the opportunity to do so, so that was acquiescence
[01:54:21.080 --> 01:54:29.080]  She found out about this mail from a third party who had seen the notice in the paper, but she didn't actually receive the notice
[01:54:29.080 --> 01:54:33.080]  That's not notice, that is not notice
[01:54:33.080 --> 01:54:38.080]  Did she get notice from the plaintiff?
[01:54:38.080 --> 01:54:42.080]  She didn't receive any notice directly to her
[01:54:42.080 --> 01:54:46.080]  Okay, then she's not bound by latches
[01:54:46.080 --> 01:54:54.080]  That somebody says, oh well, your property is being foreclosed on, that's rumor
[01:54:54.080 --> 01:55:04.080]  The only way she knows that her property is being foreclosed on is if she got notice from the foreclosing entity
[01:55:04.080 --> 01:55:14.080]  So if they can't prove that they gave her proper notice, then there's a good chance that the order will stand
[01:55:14.080 --> 01:55:25.080]  Okay, now, if not, should she go ahead and file an federal to be able to fix it?
[01:55:25.080 --> 01:55:30.080]  Okay, filing in federal is going to get into the Rooker-Felman doctrine
[01:55:30.080 --> 01:55:39.080]  The federal is going to be very reluctant to revisit a state court adjudication
[01:55:39.080 --> 01:55:43.080]  You're going to be stuck with the resjudicata
[01:55:43.080 --> 01:55:50.080]  What has already been adjudicated
[01:55:50.080 --> 01:56:00.080]  This one's going to be tough for you, if you can get the order to stand and force them to have to re-foreclose
[01:56:00.080 --> 01:56:03.080]  Well, if she did that, then it would bring up standing and public
[01:56:03.080 --> 01:56:05.080]  Yeah, you can bring up everything then
[01:56:05.080 --> 01:56:06.080]  Yeah
[01:56:06.080 --> 01:56:12.080]  That's the whole point, if she didn't get proper notice, she didn't got opportunity to bring up anything
[01:56:12.080 --> 01:56:21.080]  That's why they're reluctant to allow a case to stand where there was no notice
[01:56:21.080 --> 01:56:29.080]  So should it be a motion to restart the clock or what should be...
[01:56:29.080 --> 01:56:40.080]  Well, if the foreclosure was struck by the order for lack of proper notice, then the foreclosure didn't happen
[01:56:40.080 --> 01:56:44.080]  The foreclosure wasn't struck by the order approving sale
[01:56:44.080 --> 01:56:53.080]  Okay, then if the order approving sale was stricken, then the sale was done without approval
[01:56:53.080 --> 01:56:58.080]  It makes the foreclosure void
[01:56:58.080 --> 01:57:04.080]  That's the whole point
[01:57:04.080 --> 01:57:12.080]  The foreclosure, they have to have everything right in order to have capacity
[01:57:12.080 --> 01:57:19.080]  When I address agency standing in capacity, that goes to capacity
[01:57:19.080 --> 01:57:29.080]  If they haven't followed all of the laws regarding how the foreclosure is done, then they may have agency
[01:57:29.080 --> 01:57:39.080]  All you may have agency and the holder may be the bonafide holder in due course of the claim
[01:57:39.080 --> 01:57:44.080]  But if they haven't followed all of the laws, they don't have capacity
[01:57:44.080 --> 01:57:51.080]  That's your claim, they lack capacity to foreclose, therefore the foreclosure never happened
[01:57:51.080 --> 01:58:04.080]  Now, that motion is the site that the rules and still procedures that the lawyer brought up the lack of notice too late
[01:58:04.080 --> 01:58:06.080]  And that's the reason why they want to set aside the order
[01:58:06.080 --> 01:58:09.080]  Well, that is horse poop
[01:58:09.080 --> 01:58:14.080]  That is brought up lack of notice too late, are you kidding me?
[01:58:14.080 --> 01:58:22.080]  Lack of notice denies subject matter jurisdiction, you can bring that claim anytime
[01:58:22.080 --> 01:58:25.080]  Okay, we are out of time
[01:58:25.080 --> 01:58:33.080]  If they didn't give proper notice, they did not have standing to invoke the subject matter jurisdiction of the court to give them the ruling
[01:58:33.080 --> 01:58:37.080]  So you go back with the subject matter jurisdiction charge
[01:58:37.080 --> 01:58:41.080]  Okay, we are out of time, Randy Kelton, Deborah Stevens, Rue LaRedeo
[01:58:41.080 --> 01:58:46.080]  Thank you all for listening, we will be back next week, and good night
[01:59:12.080 --> 01:59:21.080]  Call us toll free at 888-551-0102 or visit us online at bfa.org
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