ROL_2013-05-10_16k_Hr3-4.timecode

[00:16.860 --> 00:23.860]  May 3rd, 2013. Gold opened today at $1464, silver at $23.84, and bitcoin is trading at
[00:24.400 --> 00:29.860]  $80.46. Support for The Liberty Beat comes from Capital City Automotive, honest, reliable
[00:29.860 --> 00:34.880]  and affordable auto repair for vehicles foreign and domestic. Located at 1802 South Congress,
[00:34.880 --> 00:41.880]  by phone at 512-447-2886 and online at capitalcityautoaustin.com.
[00:42.160 --> 00:47.680]  And now the news. According to a poll conducted by the Farley-Dickison University, 29% of
[00:47.680 --> 00:51.920]  registered voters think that an armed revolution may be unavoidable in the next few years to
[00:51.920 --> 00:57.080]  preserve our civil liberties. Polls surveyed 863 registered voters and focused on both
[00:57.080 --> 01:01.480]  gun control and the possibility of an armed revolution in the United States. Polls specifically
[01:01.480 --> 01:06.600]  asked the registered voters whether they agreed, disagreed, neither agreed nor disagreed, did
[01:06.600 --> 01:10.880]  not know or refused to answer the following statement. In the next few years, an armed
[01:10.880 --> 01:14.720]  revolution might be necessary in order to protect our liberties. The results showed
[01:14.720 --> 01:21.720]  that 29% agreed, 47% disagreed, 18% neither agreed nor disagreed, 5% said they were unsure
[01:22.280 --> 01:26.840]  and just 1% refused to answer. These figures demonstrate the public's growing frustration
[01:26.840 --> 01:33.840]  with overbearing powers of the current administration.
[01:34.800 --> 01:38.240]  According to a new scientific study completed by the University of California Berkeley,
[01:38.240 --> 01:42.100]  several metals found inside lipsticks and chapsticks could be carcinogous and dangerous
[01:42.100 --> 01:46.180]  to long-term health. Products included inside the generic store-brought lipstick compounds
[01:46.180 --> 01:50.440]  were chromium, aluminum, cadmium and of course lead. The study also proved that many of the
[01:50.440 --> 01:54.520]  lip products contained very high concentrations of aluminum and titanium according to the
[01:54.520 --> 01:59.680]  San Jose Mercury News. In addition, lipsticks were found to overwhelmingly contain hexavalent
[01:59.680 --> 02:04.320]  chromium, which is a carcinogen linked strongly to developing stomach cancer in individuals.
[02:04.320 --> 02:07.920]  This current time, the FDA does not regulate the high content of heavy metals found in
[02:07.920 --> 02:14.920]  lipstick and cosmetic materials sold throughout North America.
[02:16.520 --> 02:20.600]  The National Rifle Association is meeting in Houston, Texas this weekend and already
[02:20.600 --> 02:24.640]  drawing crowds to the amount of tens of thousands of people after recent efforts to exert new
[02:24.640 --> 02:28.920]  gun control legislation in the U.S. Congress failed. According to Reuters, 70,000 people
[02:28.920 --> 02:32.160]  are expected to appear at the conference and rally dubbed the Stand and Fight Rally, which
[02:32.160 --> 02:35.960]  will feature keynote speakers like Glenn Beck and politicians including Governor Rick Perry
[02:35.960 --> 02:40.640]  of Texas and Governor Bobby Jindal of Louisiana. Houston, currently the United States' fourth
[02:40.640 --> 02:45.300]  largest city in population, is already experiencing heightened security after a man shot his firearm
[02:45.300 --> 02:49.600]  at Houston's George Bush Intercontinental Airport and was later shot dead on the spot
[02:49.600 --> 02:53.160]  apparently by an agent of the Department of Homeland Security. This time, conflicting
[02:53.160 --> 02:57.680]  reports relay the man either committed suicide or was murdered by an agent of Homeland Security,
[02:57.680 --> 03:04.680]  however no evidence exists that it was in fact a suicide.
[03:27.680 --> 03:34.680]  If not sooner, not later, we are originators and the pathway seems to get straighter every
[03:37.520 --> 03:44.520]  day. And I can take anything that belongs to me and put it to good use.
[03:45.520 --> 03:52.520]  Whatever's good for the gander is gonna work for the goose.
[03:52.520 --> 03:59.520]  Okay, we are back. Randy Kelton and Deborah Stevens with our special guest Steve Skidmore.
[04:06.000 --> 04:13.000]  And we are talking to Dan in Connecticut. And I think I unmuted you. It's not taking.
[04:14.000 --> 04:19.800]  Hang on. Gotcha. Okay, go ahead. My page is not refreshing so I can't tell if I muted
[04:19.800 --> 04:23.320]  you or not. Well, it makes me sound intelligent, so that
[04:23.320 --> 04:30.320]  works too. Okay, you have a 137 page document?
[04:30.320 --> 04:37.320]  Yes, that is our course workbook. I actually decided since I was working with this attorney
[04:37.480 --> 04:43.080]  so much and I had a whole bunch of questions and there was a whole bunch of questions he
[04:43.080 --> 04:48.960]  had. Quite frankly, we're sick of, tired of answering the same questions over and over
[04:48.960 --> 04:52.720]  and over again. And we realized that a lot of people when they kind of get into this
[04:52.720 --> 04:56.840]  mess, you know, they don't know how to assemble the documents. They don't know how to search
[04:56.840 --> 05:02.360]  the land records. They don't know about securities filings. They don't know about different pleadings
[05:02.360 --> 05:07.920]  you can file. They know nothing about discoveries. As a matter of fact, 80% of the time in Connecticut
[05:07.920 --> 05:14.920]  when somebody's in foreclosure, they don't even file an appearance. So basically when
[05:14.920 --> 05:19.320]  And that surprises you, Dan? Oh, that does not surprise me, but you know
[05:19.320 --> 05:26.320]  what? We're going to change that. We have two fraud closure mills in Connecticut and
[05:26.320 --> 05:33.240]  their average time to foreclose is four months. Well, we're going to make that go way up.
[05:33.240 --> 05:39.120]  Actually my goal is to make this take at least seven or eight years if we do it right. That
[05:39.120 --> 05:45.320]  is if they do succeed. So anyway, we designed a course. We're going to roll it out pretty
[05:45.320 --> 05:52.320]  soon. We decided on a very, very, very nominal and insignificant fee basically just for our
[05:52.360 --> 05:57.640]  time and just for the cost of putting all these books together. But essentially the
[05:57.640 --> 06:03.440]  plan is this, and there actually is a law firm in the works which hopefully that's going
[06:03.440 --> 06:09.400]  to be opened very soon, and I think this is going to be the area it specializes in. So
[06:09.400 --> 06:16.280]  it's pretty exciting, and it's a great plan, and I just wanted to call in and let you know
[06:16.280 --> 06:23.000]  that basically we have a way to reach a whole lot more people than we normally did because
[06:23.000 --> 06:28.460]  it's one thing to go case by case by case, but it's another thing to kind of get it into
[06:28.460 --> 06:35.000]  a format that more people in the general public can access. And believe it or not, even doing
[06:35.000 --> 06:40.340]  these individual cases, I mean, we've educated quite a few judges already. They're starting
[06:40.340 --> 06:45.800]  to take the robo-signing thing pretty seriously up here. They're starting to take on some
[06:45.800 --> 06:50.400]  of the equitable defenses. You were mentioning the, it's called the unclean hands doctrine
[06:50.400 --> 06:52.280]  up here. I know others...
[06:52.280 --> 06:58.600]  Okay. Yeah. So that's definitely coming to the foreground. We're actually bringing up
[06:58.600 --> 07:03.800]  the issue of what they're actually foreclosing because in a lot of cases, the description
[07:03.800 --> 07:07.200]  of the property and the complaint doesn't even match the one in their motion for summary
[07:07.200 --> 07:14.520]  judgment, let alone the one that actually exists and is in effect on the land records.
[07:14.520 --> 07:21.200]  So just to go over a few bonuses we're including with this, we have sample discovery pleadings.
[07:21.200 --> 07:27.240]  We actually have testimony from Arthur Schack. You guys might've heard of this judge from
[07:27.240 --> 07:28.880]  Kings County in New York.
[07:28.880 --> 07:30.440]  Yes, Judge Schack.
[07:30.440 --> 07:36.360]  I, his decisions are fairly entertaining to me. I believe in one instance, I think it
[07:36.360 --> 07:44.040]  was Bank of New York, Mellon v. Mulligan. I believe he entered an order sanctioning
[07:44.040 --> 07:50.040]  counsel for the bank and he described the whole MERS theory they had as something out
[07:50.040 --> 07:55.520]  of the twilight zone. And then he basically said that, you know, plaintiff's counsel
[07:55.520 --> 08:01.980]  is operating in a different foreclosure universe, which does not happen to be this one. So we've
[08:01.980 --> 08:05.720]  got some of that in there. We actually have a document from MERS that describes the whole
[08:05.720 --> 08:12.960]  process of shredding the note and making an electronic version, which they then sell.
[08:12.960 --> 08:17.880]  I don't know what your thoughts are on this, but as far as I'm concerned, you can't take
[08:17.880 --> 08:23.240]  a negotiable instrument like a check, shred it, make an electronic copy, print it out,
[08:23.240 --> 08:26.440]  bring it to the bank and expect to cash it five or six times.
[08:26.440 --> 08:33.840]  Well, though I agree with you on that point, there is a stipulation that what they are
[08:33.840 --> 08:42.480]  shredding is the note after it has been converted into a security. If the both exist at the
[08:42.480 --> 08:45.800]  same time, that's called double dipping and that's security.
[08:45.800 --> 08:53.720]  Wait, wait, wait. I'm taking a good look at this. There's a problem here with the use
[08:53.720 --> 09:02.940]  of the term security. We have a security instrument, which is the lien document. And the security
[09:02.940 --> 09:14.480]  instrument secures the note. The lender, once he gets the note, then takes the note and
[09:14.480 --> 09:20.480]  uses it as a security for a security instrument.
[09:20.480 --> 09:23.360]  As in mortgage backed security.
[09:23.360 --> 09:28.840]  Exactly. So we have three documents here and they're all called securities. It's caused
[09:28.840 --> 09:38.200]  a lot of confusion. The way I read the codes, the lender must send the note to the document
[09:38.200 --> 09:45.320]  custodian and the document custodian must certify to Ginnie Mae that the note meets
[09:45.320 --> 09:52.440]  the pool requirements. Then the document custodian is required to maintain possession of the
[09:52.440 --> 09:59.360]  note and all other documents in the, all of their loan documents, because everything is
[09:59.360 --> 10:03.880]  supposed to be sent to the document custodian. He used to maintain possession of those until
[10:03.880 --> 10:13.460]  termination of the contract. So this stuff about MERS getting the note, if it goes into
[10:13.460 --> 10:21.360]  a pool, the servicer gets the note, not MERS. I've thought from the beginning that was all
[10:21.360 --> 10:30.880]  horse manure to get us to go after MERS and not go back and look at the real issues. I'd
[10:30.880 --> 10:33.620]  never proceed that crap for a minute. Go ahead.
[10:33.620 --> 10:39.920]  There was a federal judge in Texas that, in his opinion, said that MERS could not have
[10:39.920 --> 10:45.080]  transferred the note because they were never a party to it.
[10:45.080 --> 10:49.280]  That was, wasn't it magistrate Austin out of Austin?
[10:49.280 --> 10:54.920]  No, it was a guy up in Fort Worth. You've had dealings with him, I think.
[10:54.920 --> 10:57.320]  Oh, tell me it's not McBride.
[10:57.320 --> 11:00.400]  Yes, McBride. Yes, yes, yes.
[11:00.400 --> 11:03.040]  McBride is such a stinker.
[11:03.040 --> 11:09.640]  Anyway, well, he was right on that point. He may have been wrong on every point previous,
[11:09.640 --> 11:10.840]  but he was right on that day.
[11:10.840 --> 11:16.160]  Yeah, I do remember reading that opinion by him, and it annoyed me because it was a good
[11:16.160 --> 11:17.160]  opinion.
[11:17.160 --> 11:20.200]  Yeah. I'm sorry, Dan, I didn't mean to interrupt you so long.
[11:20.200 --> 11:22.400]  You ruined all my fun. Go ahead, Dan.
[11:22.400 --> 11:28.360]  You reminded me of something that we've actually used up here. There was, believe it or not,
[11:28.360 --> 11:34.720]  a verified civil complaint filed by Lender Processing Services against Buy American Home
[11:34.720 --> 11:40.080]  Mortgage Servicing, Incorporated, and basically, in that suit, I mean, they're the servicer
[11:40.080 --> 11:47.120]  for Wells Fargo, but in that suit, they claim that Lender Processing Services used robo-signers.
[11:47.120 --> 11:53.840]  Okay? And they specifically noted a whole ton of robo-signers that I've already seen
[11:53.840 --> 11:59.720]  in many cases. We know who they are, but it's an 88-page verified civil complaint, but in
[11:59.720 --> 12:04.720]  Connecticut, what they're doing is they're bringing these documents to the court saying,
[12:04.720 --> 12:11.440]  oh, they're all 100% legitimate. Well, that's not what you said in the Texas court. What's
[12:11.440 --> 12:13.440]  the problem here, guys?
[12:13.440 --> 12:14.720]  Collateral estoppel.
[12:14.720 --> 12:15.720]  Yep.
[12:15.720 --> 12:18.600]  And aggravated perjury.
[12:18.600 --> 12:27.240]  Yes. So that wasn't included in the version of the course that we just did, but it will
[12:27.240 --> 12:29.360]  be included in the next revision.
[12:29.360 --> 12:30.880]  Wonderful. Wonderful.
[12:30.880 --> 12:39.200]  But basically, we are going to continue building this course as time goes on. So basically,
[12:39.200 --> 12:43.880]  what I intend to do anyway is if you take it once, you can take it as many times as
[12:43.880 --> 12:50.760]  you want again for free. But the whole plan is to get this knowledge widespread.
[12:50.760 --> 12:55.760]  Well, when are you going to send it to me so I can plagiarize it?
[12:55.760 --> 12:59.040]  Actually, I emailed it to you.
[12:59.040 --> 13:02.720]  And you haven't already plagiarized it?
[13:02.720 --> 13:10.400]  What I will do is on this map that I'm building, I'll be promoting this map as a free forensic
[13:10.400 --> 13:17.280]  analysis. I will put a Connecticut link and put your stuff on the Connecticut link.
[13:17.280 --> 13:23.000]  Well, here's the best part of the course, Randy. The first thing I want to say about
[13:23.000 --> 13:28.200]  it is it makes five assumptions. The first one is you're in Connecticut. The second one
[13:28.200 --> 13:33.720]  is you have a securitized loan. The third one is this is not a tax foreclosure. The
[13:33.720 --> 13:38.040]  fourth one is you're not dealing with some other type of foreclosure. And the fifth one
[13:38.040 --> 13:44.720]  is this is not a private note. Those assumptions in mind. The other thing you can take away
[13:44.720 --> 13:50.160]  from this course is I don't care what type of civil suit you're involved in. We go through
[13:50.160 --> 13:55.060]  all the pleadings that are generally filed. We start with the instant motion to dismiss,
[13:55.060 --> 14:00.480]  the request to revise, the motion to strike, the answer which comes with your counterclaim
[14:00.480 --> 14:06.440]  special defenses, the plaintiff's request to revise, the plaintiff's motion to strike,
[14:06.440 --> 14:11.360]  and the plaintiff's reply to special defenses. Then we move into summary judgment and assuming
[14:11.360 --> 14:16.640]  you did nothing and you sat on your thumbs the whole time, there's even a section on
[14:16.640 --> 14:23.340]  motions to open judgment. And we have two on there. And at the beginning of each part,
[14:23.340 --> 14:29.560]  we start out by saying what type of questions do you have to ask for this motion? For example,
[14:29.560 --> 14:33.480]  motion to strike. Is there a party that may have interest in this controversy? Is there
[14:33.480 --> 14:38.720]  a party that is improperly joined to this action? Does the plaintiff set forth facts
[14:38.720 --> 14:43.280]  that will support the type of relief they're looking for? I mean, questions like that.
[14:43.280 --> 14:47.760]  And then we actually put in, here's what the appellate court said about a motion to strike,
[14:47.760 --> 14:54.200]  assuming that's the chapter we're talking about.
[14:54.200 --> 14:56.760]  I am going to enjoy plagiarizing your work.
[14:56.760 --> 15:01.800]  Oh, you're, you're going to love this. We even have part five of the course talks about
[15:01.800 --> 15:05.440]  how to get your documents in order. And I, and I remember this was one of the things
[15:05.440 --> 15:10.620]  you definitely burned into my skull and I thank you so much for it every day I wake
[15:10.620 --> 15:18.360]  up and live and breathe. Basically, we teach people in this course how to get their documents
[15:18.360 --> 15:22.960]  together. We say, okay, go to the land records, do this, file a qualified written request.
[15:22.960 --> 15:27.600]  There's a sample at the end. File your, you know, Fair Debt Collections Practices Act
[15:27.600 --> 15:32.760]  debt validation letter. See what you get. But at the end, we say, look, write down your
[15:32.760 --> 15:37.080]  own narrative. Don't tell us how you feel about things. Don't tell us how wrong things
[15:37.080 --> 15:42.760]  are. Don't tell us about the way they should be. Just state in cold, hard facts based on
[15:42.760 --> 15:47.840]  the documents you've assembled going back 10 years before the note was created.
[15:47.840 --> 15:58.640]  Let me give you a suggestion. Ask them for a timeline. If you ask someone for a timeline,
[15:58.640 --> 16:05.480]  they will give you a statement of facts. If you ask them for a statement of facts or a
[16:05.480 --> 16:12.000]  narrative, they'll give you argument. That's effectively what we do.
[16:12.000 --> 16:17.400]  Yeah, it's kind of the difference between the legal definitions of what you're asking
[16:17.400 --> 16:23.520]  for in the common language understanding. People, when I ask for a timeline, they get
[16:23.520 --> 16:30.360]  it. This is what I really, I really want a statement of facts, but I have to explain
[16:30.360 --> 16:35.600]  what a statement of facts is. If I ask for a timeline, that's exactly what I get.
[16:35.600 --> 16:41.280]  Okay, hang on, Dan. We will be right back. This is Randy Kelton, Deborah Stevens here
[16:41.280 --> 16:49.720]  with Steve Skidmore talking to Dan, the troublemaker from Connecticut. The real deal. We'll be,
[16:49.720 --> 16:55.880]  or call him number 512-646-1984. Melissa, Doug, I see you there. We'll get you when
[16:55.880 --> 17:24.760]  we get back. We'll be right back.
[17:26.760 --> 17:38.760]  I want to know for sure. So come on, neutrify me. I love you.
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[19:24.360 --> 19:46.840]  Okay, we are back.
[19:47.480 --> 19:49.640]  He's going to fire you one of these days, Randy.
[19:49.640 --> 19:56.760]  Excuse me for laughing. I was picking on the producer. I always tell them,
[19:56.760 --> 20:00.040]  beep us, Bubba, because we get a long beep when we come in.
[20:00.040 --> 20:01.480]  That ain't what you said on this.
[20:02.680 --> 20:09.160]  It kind of came out Beamer's butthead. I don't know how that happened. Okay.
[20:09.160 --> 20:10.360]  Shame on you.
[20:10.360 --> 20:12.600]  We're going back to Dan in Connecticut.
[20:13.240 --> 20:14.680]  And he's such a nice guy.
[20:14.680 --> 20:17.800]  Really quickly, because I know you have a lot of guys on hold probably.
[20:17.800 --> 20:24.600]  Anyway, we conclude by basically telling the student, look, after you've finished doing
[20:24.600 --> 20:29.240]  all of that, write out what your desired outcomes would be, how acceptable they are.
[20:29.240 --> 20:34.680]  Because the problem is, of course, we tell them, try to consult an attorney,
[20:34.680 --> 20:38.120]  try to find an attorney. But we do actually go through the steps of,
[20:38.120 --> 20:42.600]  here's questions you should ask the attorney, like, do you deal with respite at all?
[20:42.600 --> 20:48.040]  Do you deal with teal at all? I mean, any of these other things that would apply.
[20:48.040 --> 20:53.080]  And we basically emphasize, and part of the purpose of this course when I was writing it,
[20:53.720 --> 20:57.480]  was I didn't just want to create an army of pro se's from hell.
[20:58.280 --> 21:02.360]  I wanted to raise the bar on what the bar is doing.
[21:02.360 --> 21:06.040]  And as a matter of fact, I've been very surprised working up here.
[21:06.600 --> 21:08.520]  They've been very responsive to me.
[21:08.520 --> 21:13.000]  And they've actually been including a lot of these things in their approach, which I found,
[21:13.720 --> 21:17.800]  you know, of course that complements me, but Randy, it definitely complements what you did.
[21:19.080 --> 21:24.280]  Which is great. But otherwise we go through, what does the motion look like?
[21:24.280 --> 21:27.880]  What is the caption? How do you get things on the short calendar?
[21:27.880 --> 21:33.800]  How do you mark motions on the short calendar? It's a lot of basic nuts and bolts stuff.
[21:33.800 --> 21:43.160]  Okay. This is a document that I have been trying to get Ken Magnussen to write for 10 years.
[21:44.760 --> 21:48.280]  You know how long it took me? Two days.
[21:49.800 --> 21:50.760]  You're annoying me.
[21:53.080 --> 21:53.880]  There was this one thing-
[21:53.880 --> 21:57.080]  It's okay, Randy. It won't take you 10 minutes to plagiarize it.
[21:57.640 --> 21:58.680]  That's right.
[21:58.680 --> 22:01.080]  Copy paste, copy paste.
[22:01.080 --> 22:04.680]  It also annoyed HSBC not but a week ago.
[22:05.400 --> 22:10.360]  They marked their motion off for a protective order and they didn't even
[22:10.360 --> 22:12.440]  tell my attorney friend that they weren't showing up.
[22:14.680 --> 22:16.280]  He should bill him for his time.
[22:20.040 --> 22:25.640]  I'm telling people in traffic when they're summoned down to court, what they'll do here
[22:25.640 --> 22:30.280]  in Texas, if you get a criminal issue and you fight it, they'll summon you to court.
[22:30.280 --> 22:34.920]  And then when you get there, they'll say it was continued.
[22:36.200 --> 22:40.040]  I had a friend of mine that's a truck driver and when he had to come to court,
[22:40.040 --> 22:43.080]  it would cost him a two-week run. That's six grand.
[22:44.760 --> 22:46.040]  I told him, bill him.
[22:47.800 --> 22:51.640]  They order you to come there and they don't have court? Bill him.
[22:53.000 --> 22:56.920]  Well, anyway, long story short, I don't want to keep anybody waiting,
[22:56.920 --> 23:00.040]  but my email is headlinecopyatgmail.com.
[23:00.760 --> 23:03.400]  This course is going to fill up really fast.
[23:04.760 --> 23:10.760]  It didn't take but two hours after I completed it to find people that were already wanting
[23:10.760 --> 23:12.760]  to know how to sign up for it.
[23:12.760 --> 23:14.760]  Headlinecopyat?
[23:14.760 --> 23:16.280]  Gmail.com.
[23:16.280 --> 23:17.160]  Gmail, okay.
[23:18.600 --> 23:22.840]  And as a matter of fact, I've even explored the option of the course.
[23:22.840 --> 23:24.280]  Okay, hold on, hold on.
[23:24.280 --> 23:28.760]  The course, explain how does the course work?
[23:29.720 --> 23:33.320]  Is this a book you've written or is it a presentation that you do?
[23:34.200 --> 23:37.320]  It is a book that goes with the presentation,
[23:37.320 --> 23:41.080]  but you could use the workbook alone as just a book.
[23:42.440 --> 23:46.200]  Okay, how are you going to do the presentation? Are you going to do video?
[23:48.840 --> 23:53.160]  We are actually going to be in the future using an audio projector.
[23:53.160 --> 23:55.880]  We're going to have a lot more sample documents that go with it.
[23:56.680 --> 24:01.240]  We're going to go through more real life examples of stuff we've worked with.
[24:02.120 --> 24:05.640]  Well, what I'm thinking is if you're going to do this,
[24:07.240 --> 24:11.320]  get you a quiet room where you can set up a video camera,
[24:12.520 --> 24:16.760]  and if you have one of these digital projectors,
[24:16.760 --> 24:21.800]  you can plug the projector right into your computer so you can
[24:23.400 --> 24:32.040]  project for the audience and you can also cut these projections and splice them into your movie.
[24:32.920 --> 24:36.120]  But make these things so you can put them on YouTube.
[24:37.000 --> 24:43.320]  Chris, what do you call it? I hate it when I lose words.
[24:43.320 --> 24:51.960]  Our producer, he's been doing YouTube videos and getting really good response.
[24:54.360 --> 24:57.800]  Oh, yeah. There's a lot of big plans into this.
[24:57.800 --> 25:05.080]  Some haven't been completely hashed out, but this, well, let's just put it to you this way.
[25:05.080 --> 25:08.280]  That four-month time frame that I mentioned earlier,
[25:08.280 --> 25:12.920]  it's going to go way up because a lot of these closure mills, they take people just out of law
[25:12.920 --> 25:17.560]  school, don't know how to file a pleading. As a matter of fact, I can verify this personally,
[25:17.560 --> 25:22.120]  they don't even file the correct affidavits of debt a lot of the times in cases.
[25:23.160 --> 25:27.480]  That'll get a case open real quick that they want on.
[25:28.600 --> 25:34.520]  So anyway, I will let you guys go ahead and resume, but I just wanted to share this.
[25:34.520 --> 25:40.440]  This is going to be big. So any questions about it, how to sign up,
[25:40.440 --> 25:45.400]  and I don't care where you're from, it could still benefit you because generally the motions are the same.
[25:48.040 --> 25:53.160]  Yeah, there are some things that you're mentioning that we don't have here,
[25:53.160 --> 25:55.560]  but I definitely want to look at your process.
[25:55.560 --> 26:03.400]  And have you looked at the free forensic analysis on the Remedies in Real Estate site?
[26:04.600 --> 26:11.800]  Yes, I have. And there is going to be in the future some way to incorporate that into our model.
[26:11.800 --> 26:19.240]  Call me, I'll tell you how to set that up. There is a way to structure your
[26:19.240 --> 26:27.880]  your folder set. You can take FreeMind, it's an open source mind mapping program,
[26:29.080 --> 26:34.520]  and if you set the folder structure up right, you can get FreeMind to go in and read it,
[26:35.320 --> 26:41.800]  and pop your whole folder structure up into a mind map. So you don't really have to create
[26:41.800 --> 26:50.440]  the mind map. If you just store your documentation in the right way, the mind map will read it and
[26:50.440 --> 26:57.720]  pop it right up. It really saves a lot of time. And I'll show you how that works. It's relatively
[26:57.720 --> 27:03.080]  simple once you understand how to do it. Okay, well anyway, just to make a long story short,
[27:03.080 --> 27:09.800]  headlinecopyatgmail.com, that's how to reach me. And if you go to our website,
[27:09.800 --> 27:15.640]  that's how to reach me. And the final thing I will say about this, and I do mention this
[27:15.640 --> 27:21.160]  in the course, they have a whole system, a whole standardized computerized system,
[27:21.160 --> 27:25.640]  where the servicer, the law firm, and the person who supposedly is interested in the mortgage work
[27:25.640 --> 27:32.840]  together. It's very impersonal, but this particular thing we're building is the good guy version of
[27:32.840 --> 27:40.600]  that, which it's very exciting. It just kind of got in my head earlier this week, and we talked
[27:40.600 --> 27:46.600]  about it, and things are moving real fast, and I'm so excited about this. Wonderful, wonderful.
[27:46.600 --> 27:51.400]  And I'm looking forward to plagiarizing your stuff. I do so like to plagiarize.
[27:53.160 --> 27:57.800]  Yeah, well, while you're at it, plagiarize my core warrant of victory. I don't know if I sent
[27:57.800 --> 28:06.200]  that over to you. I would like to do that. Yeah, he was using words like illegal and unlawful,
[28:06.200 --> 28:10.280]  describing what the town did, and I'm like, wow, he came down on them pretty hard.
[28:11.560 --> 28:16.680]  It would make us to spend 50 grand, and we spent what, $350 filing fee? We got someone
[28:16.680 --> 28:22.360]  thrown out of the public office. You did good. Okay, thank you, Dan.
[28:22.920 --> 28:26.760]  All right. No, thank you. And don't be a stranger.
[28:26.760 --> 28:31.560]  No, never try to be. We will confer very much more frequently in the future.
[28:32.200 --> 28:38.680]  Okey-doke. Thank you for calling. Now we're going to go to Melissa in Texas. Hello,
[28:38.680 --> 28:44.520]  Melissa. What do you have for us today? Well, I have a nightmare of a mess going on
[28:44.520 --> 28:51.080]  here in Texas. Last August, I filed with the attorney general to get child support
[28:51.080 --> 28:57.000]  or to get my ex to pay child support, and this is just so big of a mess. It would probably
[28:57.000 --> 29:01.000]  take me two hours to explain everything to you. So, I'm going to try to make it just
[29:01.000 --> 29:04.600]  as brief as possible without leaving out any very important detail.
[29:07.560 --> 29:14.440]  So, I filed with the attorney general in August. I did not hear back from them until December.
[29:14.440 --> 29:22.040]  So, in the meantime, in between August and September, my ex called CPS on me, and I was
[29:22.040 --> 29:29.480]  pregnant at the time. I went to the hospital where I was given a drug test without my consent.
[29:32.360 --> 29:37.720]  Okay, hang on. We're about to go to break. We will pick this up on the other side. This
[29:37.720 --> 29:42.520]  is Randy Kelton, Deborah Stevens, Rule of Law Radio, here with our special guest,
[29:42.520 --> 29:52.360]  Steve Skidmore. I call in number 512-646-1984. I got two Doug's on. Oh, and they both have
[29:52.360 --> 29:56.680]  the same number. Okay, Doug, I see you there. We'll pick you up on the other side. We'll be right back.
[30:00.440 --> 30:05.880]  Some companies will do just about anything to make a buck, including manipulate your mind.
[30:05.880 --> 30:09.960]  Neuro marketers have their sights on your pocketbook and hope to make you offer them
[30:09.960 --> 30:15.080]  your subconscious can't refuse. I'm Dr. Catherine Albrecht, and I'll tell you more in just a moment.
[30:40.520 --> 30:46.120]  Start over with StartPage. Great search results and total privacy. StartPage.com,
[30:46.120 --> 30:51.560]  the world's most private search engine. Years ago, I learned the so-called four Ps of marketing.
[30:51.560 --> 30:56.680]  Make a great product, price it right, place it on shelves, and promote it. But today's marketers
[30:56.680 --> 31:03.320]  have a scary new technique called neuromarketing. It uses EEG and MRI brain scans to peer deep into
[31:03.320 --> 31:08.840]  a person's mind. Researchers show messages to volunteers and then monitor their brains to see
[31:08.840 --> 31:14.200]  which ones get them to spend and act in certain ways without realizing they've been influenced.
[31:14.200 --> 31:19.080]  It's bad enough to sell products this way, but now it's being used to sell candidates and political
[31:19.080 --> 31:24.440]  ideas. This means the mind-controlled zombies from science fiction may soon be all around us.
[31:25.080 --> 31:29.400]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:32.280 --> 31:37.720]  This is building seven, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:37.720 --> 31:43.240]  The government says that fire brought it down. However, 1,500 architects and engineers concluded
[31:43.240 --> 31:47.720]  it was a controlled demolition. Over 6,000 of my fellow service members have given their lives.
[31:47.720 --> 31:52.360]  Thousands of my fellow first responders are dying. I'm not a conspiracy theorist. I'm a structural
[31:52.360 --> 31:56.520]  engineer. I'm a New York City correction officer. I'm an Air Force pilot. I'm a father who lost his
[31:56.520 --> 32:03.560]  son. We're Americans and we deserve the truth. Go to rememberbuilding7.org today. It is so
[32:03.560 --> 32:09.160]  enlightening to listen to 90.1 FM, but finding things on the internet isn't so easy and neither
[32:09.160 --> 32:13.720]  is finding like-minded people to share it with. Oh, well I guess you haven't heard of Brave New
[32:13.720 --> 32:19.560]  Books then. Brave New Books? Yes, Brave New Books has all the books and DVDs you're looking for by
[32:19.560 --> 32:24.280]  authors like Alex Jones, Ron Paul, and G. Edward Griffin. They even stock inner food,
[32:24.280 --> 32:29.960]  Berkey products, and Calvin soaps. There's no way a place like that exists. Go check it out
[32:29.960 --> 32:36.840]  for yourself. It's downtown at 1904 Guadalupe Street just south of UT. By UT, there's never
[32:36.840 --> 32:42.040]  anywhere to park down there. Actually, they now offer a free hour of parking for paying customers
[32:42.040 --> 32:49.720]  at the 500 MLK parking facility just behind the bookstore. It does exist, but when are they open?
[32:49.720 --> 32:58.280]  Monday through Saturday 11 AM to 9 PM and 1 to 6 PM on Sundays, so get them a call at 512-480-2503
[32:58.280 --> 33:01.240]  or check out their events page at bravenewbookstore.com.
[33:28.280 --> 33:49.480]  Okay, we are back. Randy Kelton, Deborah Stevens here with Steve Skidmore and we're talking to
[33:49.480 --> 34:00.760]  Melissa in Texas. Okay, you got the drug test without your permission. Yes, and the hospital
[34:00.760 --> 34:08.280]  called CPS, which that's a whole other lawsuit in itself and I've got everything documented and do
[34:08.280 --> 34:15.000]  plan on filing a lawsuit against them later, but for now I need to, my question is about this
[34:15.000 --> 34:21.640]  custody thing with the Attorney General. When I went to court... Wait a minute, custody or child
[34:21.640 --> 34:29.880]  support? Well, it was child support when I filed. It is now turned into custody and I'm not exactly
[34:29.880 --> 34:36.680]  sure what is going on. Okay, I don't think the Attorney General will have anything to do with
[34:36.680 --> 34:46.600]  custody. Well, they are telling me that I'm listed as the custodial parent for both of my girls and
[34:46.600 --> 34:59.960]  then when I go to court, the way it reads is that I am a respondent, not filing the suit, but like
[34:59.960 --> 35:09.880]  the Attorney General is representing my children and it's me and my ex against the children. It's
[35:09.880 --> 35:18.760]  very confusing. Okay, the Attorney General is acting as a guardian or an attorney ad litem?
[35:18.760 --> 35:29.880]  Yes, yes, yes. Okay. Well, while we were there, okay, my ex gave them a paper from CPS. Now,
[35:29.880 --> 35:36.840]  I've never seen this paper before and still have not seen it at this point. He handed it to the
[35:36.840 --> 35:42.760]  Attorney General and I told them then that I did not agree and I wanted to see the paper. They
[35:42.760 --> 35:50.760]  denied me an opportunity to see what the paper said. Okay, hold on. What kind of a hearing or
[35:50.760 --> 36:02.600]  meeting was this? This was just a court date to establish child support and custody of the
[36:02.600 --> 36:15.720]  children, the custodial parent. Okay, so this was an actual hearing? Yes, it was what it was
[36:15.720 --> 36:24.920]  supposed to be. We were not in a courtroom. We were in an office and had the Attorney General
[36:24.920 --> 36:29.080]  not called him, your honor, I would have had no clue we were even speaking to a judge.
[36:29.080 --> 36:36.040]  Anyway, she gave the judge this paper from CPS that I have no access to get because the case
[36:36.040 --> 36:42.920]  has not been closed. I signed their safety plan for 30 days or whatever and I upheld my end of
[36:42.920 --> 36:51.000]  the contract and they did not. The baby and me both were negative for drugs when she was born
[36:51.000 --> 36:56.680]  and so the drug test was, well, that's a whole other issue, but I did not have access to the
[36:56.680 --> 37:02.760]  you know the drug test was, well, that's a whole other issue. It was a fake. It was a false result
[37:02.760 --> 37:14.600]  anyways. So did you have a controlled drug test done? I don't know what kind of drug test was
[37:14.600 --> 37:20.440]  done because I mean did you have one? Okay, if they had, oh never mind, you didn't know they
[37:20.440 --> 37:27.640]  did the drug test. Right, right. So yeah and the lady, the nurse came in and said that you know
[37:27.640 --> 37:31.800]  they had performed a drug test and that I was positive for methamphetamines and I demanded
[37:31.800 --> 37:38.280]  another drug test right then and there and they refused. That's when you go get your own. That's
[37:38.280 --> 37:45.160]  the controlled test that Randy was mentioning. Right and then I signed their safety plan under
[37:45.160 --> 37:50.040]  duress because the lady at CPS told me that if I didn't sign it that I wouldn't leave the hospital
[37:50.040 --> 37:56.760]  with my baby. You know I had no idea what was going on. You know I've since then been educated
[37:57.560 --> 38:03.160]  as to what they can and cannot do. They can't threaten you with taking away your child.
[38:04.280 --> 38:12.680]  Exactly, right. I know that now. Well, so this you know CPS case, I can't get any of the records
[38:12.680 --> 38:18.360]  right now because the case has not been closed, but what I want to know is how did my ex, how was
[38:18.360 --> 38:25.240]  he able to get uh you know any of the records from this case? Okay this is something I'm not
[38:25.240 --> 38:31.800]  knowledgeable of, but I do have someone that I'm trying to get on the show as a guest
[38:31.800 --> 38:36.760]  who is knowledgeable in this area. She used, she worked for CPS for a long time
[38:38.360 --> 38:45.720]  and quit because what they were doing wasn't legal and I'm trying to get her on the show,
[38:45.720 --> 38:53.000]  but I don't have her on yet. This is not an area I can give you definitive answers on.
[38:54.520 --> 39:01.080]  Can you send me an email? Randy at Rule of Law Radio and I will get a hold of this other woman
[39:01.080 --> 39:10.600]  and get you two together. Okay. So she can give you some ideas of what to do and she may be able
[39:10.600 --> 39:18.680]  to to act as a consultant. There is a law in Texas, it's called a legal practice of law,
[39:19.400 --> 39:29.960]  38.123 Texas Penal Code and it makes it illegal for anyone who is not an attorney to represent
[39:29.960 --> 39:41.000]  someone else in a wrongful injury suit. Okay. That's all it goes to. You can have someone
[39:41.000 --> 39:52.200]  who's not an attorney represent you in a child, a child custody issue. The judge judges will nearly
[39:52.200 --> 39:59.320]  will generally object to it and with good cause because if you've got some idiot like me in there,
[40:01.640 --> 40:05.720]  I can see why the judge would get excited. But if they've got someone who is knowledgeable,
[40:05.720 --> 40:10.840]  it doesn't necessarily have to be an attorney. I have a friend who does that on occasion and he is
[40:10.840 --> 40:17.480]  very knowledgeable and the judges tend to accept his assistance. So I would like to get you at
[40:17.480 --> 40:24.040]  least to talk to her and she can give you a good idea of what your situation is and what CPS is
[40:24.040 --> 40:32.600]  required to do. Okay. The other thing is as far as this paper against me, they've not filed it
[40:32.600 --> 40:38.920]  as evidence against me and the judge is the one that's in possession of this paper now and I
[40:38.920 --> 40:44.120]  objected whenever she handed him the paper and stated, you know, assuming fact not in evidence
[40:44.120 --> 40:52.360]  because it's not, nothing had been filed. So wait a minute, hold on. Okay. Judge cannot be
[40:52.360 --> 41:01.080]  in possession of this evidence unless it's been filed in the record. I know this, but this is what
[41:01.080 --> 41:07.240]  happened right in front of me, you know, and I objected to that and he did not suspend or, you
[41:07.240 --> 41:11.800]  know, he just did not say anything. Okay. It wouldn't matter if they put it in the record or
[41:11.800 --> 41:22.360]  not Randy, she can't get a copy of the record. Yeah. She can petition the, okay, this is a
[41:22.360 --> 41:27.960]  family court. You can petition the court of appeals, family court's essentially a district
[41:27.960 --> 41:36.840]  court, petition the court of appeals for Ritamandamis, ordering the court to give you
[41:36.840 --> 41:43.480]  in-camera access to the document accepted by the court into evidence against you in violation of
[41:43.480 --> 41:48.680]  rules of evidence. Okay. Yeah, that's what I was wanting. A move to strike the,
[41:49.880 --> 41:57.640]  strike the document and disqualify the court. Okay. Okay. Good. I'm writing that down. Okay,
[41:57.640 --> 42:03.000]  good. So. Okay, wait a minute, hold on. How long ago was this blood test done?
[42:03.000 --> 42:10.040]  Well, it was a urine test and it was October 28th of last year. When was the last time
[42:10.040 --> 42:19.400]  you cut all your hair off? It's been a long time. Could only test the first couple of inches.
[42:20.360 --> 42:25.160]  Yeah. Well, they actually, you know, I was reading that the hair follicle test is not,
[42:26.440 --> 42:31.480]  you know, not for, not follicle, the hair itself, you can do a spectrograph on it.
[42:31.480 --> 42:37.800]  You can have the hair tested and it will tell. Right. Well, they sent the hermitonium off,
[42:37.800 --> 42:43.000]  you know, her, the baby's first, you know, poop or whatever. And it tests for everything
[42:43.000 --> 42:48.680]  through your entire pregnancy. And when the test, this is what I'm assuming is on this paper
[42:48.680 --> 42:53.640]  that was handed to the judge. The results. Wait a minute, wait, were you in hospital to have a baby?
[42:53.640 --> 43:00.360]  He was. Okay. I'm not sure I understand this. At the time you were in the hospital,
[43:00.360 --> 43:08.920]  did, were you there to have a baby? Yes. Oh, okay. So they tested the child right after it was born?
[43:10.120 --> 43:17.240]  Yes. And the urine was okay. Okay. The child did not show positive for methamphetamines?
[43:17.240 --> 43:27.800]  No, the child did not. She did not test positive for any drugs. Explain that, Lucy.
[43:29.080 --> 43:37.000]  How could you have? Okay. You probably got a good, strong case. You're going to break.
[43:37.000 --> 43:43.480]  Yes. Going to break. And I have somebody I can refer you to, but you send me an email
[43:43.480 --> 43:48.680]  and I've also got a lawyer who does family law. I can refer you to, this is Randy Kelton,
[43:48.680 --> 43:55.640]  Deborah Stevens. We do our radio here with Steve Skidmore. We'll be right back on the other side.
[44:01.720 --> 44:07.480]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so easy.
[44:07.480 --> 44:12.040]  And neither is finding like-minded people to share it with. Oh, well, I guess you haven't heard of
[44:12.040 --> 44:17.560]  Brave New Books then. Brave New Books? Yes. Brave New Books has all the books and DVDs you're
[44:17.560 --> 44:23.080]  looking for by authors like Alex Jones, Ron Paul, Angie Edward Griffin. They even stock inner food,
[44:23.080 --> 44:28.760]  Berkey products, and Calvin soaps. There's no way a place like that exists. Go check it out
[44:28.760 --> 44:35.640]  for yourself. It's downtown at 1904 Guadalupe Street, just south of UT. By UT, there's never
[44:35.640 --> 44:40.840]  anywhere to park down there. Actually, they now offer a free hour of parking for paying customers
[44:40.840 --> 44:48.520]  at the 500 MLK parking facility, just behind the bookstore. It does exist, but when are they open?
[44:48.520 --> 44:54.200]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays. So give them a call at
[44:54.200 --> 45:00.120]  512-480-2503 or check out their events page at bravenewbookstore.com.
[45:02.360 --> 45:07.480]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with
[45:07.480 --> 45:15.160]  Jurisdictionary, the affordable, easy to understand 4CD course that will show you how in 24 hours,
[45:15.160 --> 45:21.400]  step by step. If you have a lawyer, know what your lawyer should be doing. If you don't have a
[45:21.400 --> 45:27.400]  lawyer, know what you should do for yourself. Thousands have won with our step-by-step course,
[45:27.400 --> 45:34.120]  and now you can too. Jurisdictionary was created by a licensed attorney with 22 years of case
[45:34.120 --> 45:39.560]  winning experience. Even if you're not in a lawsuit, you can learn what everyone should
[45:39.560 --> 45:45.320]  understand about the principles and practices that control our American courts. You'll receive
[45:45.320 --> 45:53.000]  our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much
[45:53.000 --> 46:08.040]  more. Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EASY.
[46:23.000 --> 46:34.120]  Oh, yeah. Always, I must be careful what I'm wishing for. When I'm hungry, I like to know
[46:34.120 --> 46:41.240]  just what I'm fishing for. I ain't asking for much, I ain't trying to be no glutton.
[46:42.760 --> 46:46.040]  I'm just here making my living, pushing buttons.
[46:46.040 --> 46:58.040]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio,
[46:58.920 --> 47:01.320]  and I'm having way too much fun with my producer.
[47:01.960 --> 47:02.760]  Yes, you are.
[47:03.800 --> 47:10.840]  Okay, Melissa, send us an email and I'll get you in touch with a lawyer and this consultant,
[47:10.840 --> 47:15.960]  and they can probably help you sort this thing out. Okay, we are going to go to, wait a minute,
[47:15.960 --> 47:20.840]  hold on. Do you have another question or comment for us, Melissa?
[47:23.000 --> 47:27.480]  No, actually, thank you for all the information and I'm going to,
[47:27.480 --> 47:31.560]  I will definitely follow up with this lady that you're going to give me her information.
[47:31.560 --> 47:36.920]  Okay, just send an email to Randy at Rule of Law Radio and I'll get you in touch with her.
[47:38.120 --> 47:39.480]  All right, I appreciate you.
[47:39.480 --> 47:47.480]  Okay, thank you. Now we're going to go to Doug in Texas, if I can get my mouse to get to him.
[47:47.480 --> 47:48.360]  There you go, Doug.
[47:51.160 --> 47:52.120]  Got me, Randy.
[47:52.760 --> 47:53.400]  I got you.
[47:53.960 --> 47:59.800]  All right. Hey, I want to talk to my good friend, Steve Skidmore.
[47:59.800 --> 48:00.520]  Hello, Doug.
[48:00.520 --> 48:14.440]  Hey, if you enjoyed yesterday as much as I did, I spent one solid hour stopped in traffic so that
[48:14.440 --> 48:26.840]  our potentates are, let's see, what is the dictator, the, you know, just whatever this guy
[48:26.840 --> 48:35.400]  supposed to be that we're supposed to stop all traffic in Austin for an hour, you sit there,
[48:35.400 --> 48:40.600]  turn off your car, you want to say yes, whatever. I mean...
[48:41.640 --> 48:43.400]  Wait a minute, who are you talking about?
[48:45.720 --> 48:50.760]  The, uh, Mr. Obama came into town, remember?
[48:52.200 --> 48:54.040]  No, I don't remember. He, was he in Texas?
[48:54.040 --> 48:58.200]  Yeah, he was here not too long ago. I thought you might've been talking about Governor Goodhair.
[48:59.480 --> 49:04.600]  No, he was here yesterday, yesterday. And I stopped,
[49:06.360 --> 49:15.560]  I'd go down Pierce Lane to go to Austin where I carry out my little jobs and everything.
[49:15.560 --> 49:21.000]  And they stopped me and said, you'll have to sit here for an hour or two, maybe an hour and a half.
[49:21.000 --> 49:33.080]  That's how I was going to be on 71. And I got on that and they had stopped traffic in this city
[49:34.440 --> 49:36.280]  for El Presidente
[49:39.000 --> 49:40.200]  for a solid hour.
[49:41.240 --> 49:41.740]  Okay.
[49:41.740 --> 49:43.320]  Unbelievable or what?
[49:43.320 --> 49:51.560]  Well, I guess they can do that. Did you have a question or an issue other than just, uh,
[49:52.360 --> 49:53.320]  the Obominator?
[49:56.600 --> 49:59.240]  Well, didn't you vote for him? Twice?
[50:00.920 --> 50:03.720]  Yeah, I voted for him six times.
[50:05.400 --> 50:11.000]  That's what I thought. I had heard that. I was down at Brave New Books and they were talking
[50:11.000 --> 50:24.680]  about Doug, uh, I voted for him six times. Cause I believe in hope and change and get it.
[50:25.400 --> 50:28.120]  We're going to start calling him Doug Obama buddy.
[50:32.920 --> 50:35.880]  We could, we could call him Doug the Obominator.
[50:35.880 --> 50:49.400]  Randy, let's get serious about this. You know, they, they stopped me and going to work.
[50:50.040 --> 50:57.880]  And now on the way home, they cleared the highway out cause I, I took a circuit to this was route
[50:57.880 --> 51:07.640]  getting home and I went down such and such and I bypassed 71 and they had stopped everybody,
[51:07.640 --> 51:17.160]  like probably 50, 60,000 people just to make, make my way. Just I'm riding down the road.
[51:17.160 --> 51:22.280]  I can't see anybody behind me or before me. It was amazing.
[51:22.280 --> 51:26.440]  Okay.
[51:26.440 --> 51:33.560]  Take some little potate or some little, uh, taro or, uh.
[51:34.360 --> 51:37.720]  He may be little, but you better watch out. His wife's not little.
[51:39.400 --> 51:40.680]  She whooped the both of us.
[51:41.560 --> 51:44.040]  I think she wears the trousers around the house.
[51:44.040 --> 51:48.360]  I was surprised at how, you know, I thought when I saw him together,
[51:48.360 --> 51:53.240]  I thought Obama was a small man, but it's not. She's a pretty good sized woman.
[51:55.160 --> 52:07.080]  Well, Obama weighs 130 pounds, six feet tall. I'm counting on Steve Skidmore,
[52:08.200 --> 52:14.920]  my good buddy, that I don't even have your phone number. Can't even call you. I wish you could call
[52:14.920 --> 52:26.360]  me. Okay. I really need to move along. Okay. Thank you, Doug.
[52:27.160 --> 52:27.960]  All right.
[52:29.960 --> 52:37.560]  Okay. Now we're going to go to Michael in Texas. Hello, Michael. What do you have for us today?
[52:38.520 --> 52:41.720]  Well, Randy, I just wanted to say thanks again for
[52:41.720 --> 52:47.400]  being there and stuff to tell everybody, you know, what, you know, such good advice.
[52:48.600 --> 52:54.840]  You know, of course, this is Mike at the North Texas. You know me and we met at the Jeff Davis
[52:54.840 --> 52:58.920]  show in 2007 before I left. Okay. I remember that.
[52:59.800 --> 53:04.120]  Yup. Well, you know, if you remember stuff in the past month, I've called in a couple
[53:04.120 --> 53:08.760]  of times because I've been doing this. Yeah, I do. Yeah, I do. Okay. Bring everybody back up.
[53:08.760 --> 53:13.640]  Do you have a question about those issues? If you do bring everybody back up to speed.
[53:15.160 --> 53:21.160]  Well, bringing everybody back up to speed really quite, really quickly. My parents had a,
[53:22.440 --> 53:28.200]  one of those prepaid funeral agreements back in 1980. The company that was supposed to be
[53:28.200 --> 53:33.160]  keeping the records failed to do so other than an electronic record of the policy
[53:33.160 --> 53:39.560]  and the funeral home and just decided, well, that policy doesn't exist, so we don't have to
[53:39.560 --> 53:45.720]  do anything about it. I went to corporate, got a corporate officer involved, and we did get a
[53:45.720 --> 53:51.640]  successful resolution to that yesterday. We had a meeting with the funeral director of that
[53:51.640 --> 53:58.440]  particular funeral home here yesterday, my brother and mom and I, and we were able to get a
[53:58.440 --> 54:03.960]  we were able to get a satisfactory resolution on that. However, leads me to my second question,
[54:04.760 --> 54:09.880]  uh, actually my first of the evening, sometimes, you know, when you start pulling on a thread,
[54:09.880 --> 54:14.280]  you know, you say, well, I shouldn't have started pulling that because it pulls into something else.
[54:15.720 --> 54:23.240]  When we were going through the contract, we, uh, my mom found the deed to the land at the cemetery,
[54:23.240 --> 54:28.520]  you know, for some funeral plots that she had also purchased at the same time. The funeral home,
[54:28.520 --> 54:34.200]  I mean, the funeral, excuse me, the cemetery, I should say, was in private hands at the time
[54:34.920 --> 54:41.480]  that she purchased a number of lots and a certain section of land in that cemetery.
[54:43.080 --> 54:49.560]  Within the last five or ten years, the cemetery has been sold to the city of Wichita Falls.
[54:49.560 --> 54:54.040]  When it was sold to the city, they found out that there was some kind of health regulation
[54:54.760 --> 55:00.920]  that required a concrete vault to be installed in the ground when you inter somebody.
[55:02.120 --> 55:12.200]  The original deed specifies ten spaces of land for burial, and the requirement at that time was only
[55:12.200 --> 55:20.680]  a wooden box to be put in the ground before the casket is interred. So that change in the
[55:20.680 --> 55:28.360]  health regulations, uh, made and created some changes to the actual usage of the land when
[55:28.360 --> 55:36.600]  actually, you know, interning it. So now we don't have ten spaces, we have seven because the extra
[55:36.600 --> 55:42.680]  feet is now taken up by some kind of bogus regulation that the health department had come
[55:42.680 --> 55:48.920]  up with. I don't know if it's a state or, I'm pretty sure it's a state health regulation.
[55:49.800 --> 55:54.680]  So, in essence, we've actually lost three burial plots in that particular cemetery.
[55:54.680 --> 56:03.560]  They're no fault of our own. So I contacted the Texas funeral services commission, and they in
[56:03.560 --> 56:09.880]  for me that in order to find out what can be done, I'm going to have to, or me and my mother are
[56:09.880 --> 56:15.560]  going to have to talk to the city attorney about trying to find out a resolution on this.
[56:16.280 --> 56:22.120]  Now me, I don't like dealing with attorneys and stuff, and as little as I possibly can. So I was
[56:22.120 --> 56:27.880]  wondering if you could try to provide me some kind of advice as to how I should proceed dealing with
[56:27.880 --> 56:38.120]  the city attorney. Okay, I got a couple suggestions. Maybe we should get Steve, he's from
[56:38.760 --> 56:45.160]  Wichita Falls up in that area, Vernon. But one thing, make sure you take a recorder with you
[56:45.160 --> 56:51.880]  and put it on the table in front of you every time you talk to him. Avoid telephone conversations,
[56:51.880 --> 56:58.280]  ask him to make everything in writing, and bar-grieve him every time you get a chance.
[56:59.480 --> 57:06.200]  I've been boning up on the bar grievance website, so I've been looking up that process,
[57:06.200 --> 57:11.400]  getting ready for it. Okay, Steve, you have a suggestion? You're from up in that area?
[57:12.040 --> 57:17.560]  No, I wouldn't have anything to add to that. It's been so long since I've been up there,
[57:17.560 --> 57:23.960]  man, it's been over a decade since I've been up in that area, but it's been about a decade.
[57:25.640 --> 57:35.320]  I suspect that because this was a statutory change, that the city is not going to be
[57:35.320 --> 57:45.560]  responsible for your loss. I don't see how they could be. If you already have a statutory change,
[57:45.560 --> 57:50.200]  if you already had somebody buried there and they wanted to
[57:52.280 --> 58:00.440]  cause you to pull them up and put them in concrete crypts, then you might have some grounds.
[58:00.440 --> 58:06.200]  But you've had no harm accrued yet, and when you attempt to bury someone there,
[58:06.200 --> 58:10.760]  then you'll have to comply with current law. I can't see you getting much traction.
[58:10.760 --> 58:15.720]  Okay. Okay, hang on, we're about to go to our,
[58:16.440 --> 58:20.840]  I think it's our top of the hour break. Yep. Okay, the top of the hour break.
[58:25.800 --> 58:30.200]  Okay, did you say you were done, Mike? No, I've still got a few things to add. I'll
[58:30.200 --> 58:33.560]  hang on until the break. Okay, we'll pick you up on the other side.
[58:33.560 --> 58:42.520]  This is Randy Kelton and Deborah Stevens here with Steve Skidmore. Our call-in number 512-646-1984.
[58:42.520 --> 59:05.240]  Give us a call. We'll be right back.
[59:42.520 --> 59:49.640]  551-0102, or visit us online at bfa.org.
[01:00:12.520 --> 01:00:20.440]  John Bush here with your Liberty Beat for May 3rd, 2013. Gold opened today at $1,464,
[01:00:21.000 --> 01:00:27.480]  silver at $23.84, and bitcoin is trading at $80.46. Support for the Liberty Beat comes
[01:00:27.480 --> 01:00:31.800]  from Capital City Automotive, honest, reliable, and affordable auto repair for vehicles foreign
[01:00:31.800 --> 01:00:37.880]  and domestic. Located at 1802 South Congress, buy phone at 512-447-2886,
[01:00:37.880 --> 01:00:44.760]  and online at capitalcityautoaustin.com. And now the news. According to a poll conducted
[01:00:44.760 --> 01:00:49.880]  by the Farley Dickerson University, 29% of registered voters think that an armed revolution
[01:00:49.880 --> 01:00:54.200]  may be unavoidable in the next few years to preserve our civil liberties. Polls surveyed
[01:00:54.200 --> 01:00:59.240]  863 registered voters and focused on both gun control and the possibility of an armed revolution
[01:00:59.240 --> 01:01:03.640]  in the United States. Polls specifically asked the registered voters whether they agreed,
[01:01:03.640 --> 01:01:09.320]  disagreed, neither agreed nor disagreed, did not know, or refused to answer the following statement.
[01:01:09.320 --> 01:01:13.880]  In the next few years, an armed revolution might be necessary in order to protect our liberties.
[01:01:13.880 --> 01:01:21.320]  The results showed that 29% agreed, 47% disagreed, 18% neither agreed nor disagreed, 5% said they
[01:01:21.320 --> 01:01:26.120]  were unsure, and just 1% refused to answer. These figures demonstrate the public's growing
[01:01:26.120 --> 01:01:35.480]  frustration with overbearing powers of the current administration. According to a new scientific
[01:01:35.480 --> 01:01:39.720]  study completed by the University of California Berkeley, several metals found inside lipsticks
[01:01:39.720 --> 01:01:44.280]  and chapsticks could be carcinogous and dangerous to long-term health. Products included inside the
[01:01:44.280 --> 01:01:48.840]  generic store-bought lipstick compounds were chromium, aluminum, cadmium, and of course lead.
[01:01:48.840 --> 01:01:53.080]  Study also proved that many of the lip products contained very high concentrations of aluminum
[01:01:53.080 --> 01:01:57.560]  and titanium, according to the San Jose Mercury News. In addition, lipsticks were found to
[01:01:57.560 --> 01:02:02.360]  overwhelmingly contain hexavalent chromium, which is a carcinogen linked strongly to developing
[01:02:02.360 --> 01:02:06.840]  stomach cancer in individuals. This current time, the FDA does not regulate the high content
[01:02:06.840 --> 01:02:10.840]  of heavy metals found in lipstick and cosmetic materials sold throughout North America.
[01:02:16.200 --> 01:02:20.520]  The National Rifle Association is meeting in Houston, Texas this weekend and already
[01:02:20.520 --> 01:02:24.760]  drawing crowds to the amount of tens of thousands of people after recent efforts to exert new gun
[01:02:24.760 --> 01:02:29.320]  control legislation in the U.S. Congress failed. According to Reuters, 70,000 people are expected
[01:02:29.320 --> 01:02:32.440]  to appear at the conference and rally dubbed the Stand and Fight Rally, which will feature
[01:02:32.440 --> 01:02:36.920]  keynote speakers like Glenn Beck and politicians including Governor Rick Perry of Texas and Governor
[01:02:36.920 --> 01:02:41.960]  Bobby Jindal of Louisiana. Houston, currently the United States' fourth largest city in population,
[01:02:41.960 --> 01:02:46.520]  is already experiencing heightened security after a man shot his firearm at Houston's George Bush
[01:02:46.520 --> 01:02:50.600]  Intercontinental Airport and was later shot dead on the spot, apparently by an agent of the
[01:02:50.600 --> 01:02:54.360]  Department of Homeland Security. This time, conflicting reports relay the man either
[01:02:54.360 --> 01:02:58.680]  committed suicide or was murdered by an agent of Homeland Security. However, no evidence exists
[01:02:58.680 --> 01:03:16.920]  that it was in fact a suicide.
[01:03:28.680 --> 01:03:55.560]  Okay, we are back. Randy Kelton, Deborah Stevens, Wheel of Law Radio,
[01:03:55.560 --> 01:04:03.000]  and we're talking to Michael in Texas. Okay, Michael, you had a couple more questions or
[01:04:03.000 --> 01:04:10.200]  comments. Yes, I certainly do, Randy. Just to get everybody popped in after the break and stuff up
[01:04:10.200 --> 01:04:18.840]  to speed, my question was concerning a two-party contract that a city and stuff had become part of
[01:04:18.840 --> 01:04:27.640]  through the sale of a property to the city that had originally been in private hands. In this
[01:04:27.640 --> 01:04:34.040]  case, it's a cemetery and like I said, I was directed by the Texas Funeral Services Commission
[01:04:34.040 --> 01:04:41.720]  who is in charge of funeral parlors and cemeteries and funeral homes, that type of thing, to contact
[01:04:41.720 --> 01:04:49.560]  the city attorney in order to gain a resolution. The reason I said it was a two-party contract is
[01:04:49.560 --> 01:04:57.240]  that the cemetery originally, and at the time the original burial plots, 10 in this case of certain
[01:04:58.280 --> 01:05:05.800]  square footage and stuff, at the time when the requirement was only for a below ground wooden
[01:05:05.800 --> 01:05:12.520]  box in order to enter somebody when they dug the grave, that was the requirement and it was
[01:05:13.160 --> 01:05:20.280]  between my parents and the cemetery. The cemetery has since been sold to the city,
[01:05:20.280 --> 01:05:30.920]  so now the city has to comply with... Okay, did the plot designate x number of plots
[01:05:30.920 --> 01:05:40.840]  or x square feet? Okay, here's the... I have the deed in front of me and the deed says
[01:05:41.720 --> 01:05:49.720]  certain square feet. Now, there is an attachment to the deed that the city provided at the sale
[01:05:50.440 --> 01:05:58.440]  that had a printed layout of the spaces and it designates 10 spaces.
[01:05:58.440 --> 01:06:04.120]  But 10 spaces is not listed on the deed, it is listed on the attachment to the deed.
[01:06:04.680 --> 01:06:11.880]  Okay, you're probably not going to have much of a case, because in purchasing the property,
[01:06:11.880 --> 01:06:18.520]  you purchased a certain size property under the presumption that you would have
[01:06:18.520 --> 01:06:30.840]  10 burial plots in that amount of space. Now, you certainly could have spread the plots out
[01:06:30.840 --> 01:06:42.520]  if you wanted to and only buried five in the space. So, I can't see where... If the city did
[01:06:42.520 --> 01:06:50.040]  not decrease the number of square feet that you had, but the state came in and said,
[01:06:50.040 --> 01:06:56.920]  from this point forward, graves must be this size because of the concrete crypt.
[01:06:59.160 --> 01:07:05.240]  This doesn't go to expo facto, so I can't see where you would have a claim.
[01:07:05.240 --> 01:07:13.320]  Well, I guess the only place I was thinking that we had a claim was the last time we went to the
[01:07:13.320 --> 01:07:19.160]  cemetery before we started, you know, just to check on the spaces and the land, make sure
[01:07:19.160 --> 01:07:26.360]  everything was still there and kept properly. We've noticed that there's somebody else buried
[01:07:26.360 --> 01:07:32.600]  on that tract of land that was actually partially buried in our tract of land that we had purchased
[01:07:32.600 --> 01:07:39.080]  that had had the overhang piece of that. It's on a corner part of the spot.
[01:07:39.080 --> 01:07:43.720]  Okay, is this since the time the city owned it?
[01:07:46.360 --> 01:07:48.440]  Yeah, this was after the city owned it.
[01:07:48.440 --> 01:07:50.840]  Good, now you got something.
[01:07:51.400 --> 01:07:59.560]  Yeah, we were never even notified that there was any kind of a change to the law that was going on
[01:07:59.560 --> 01:08:07.960]  to affect us, knowing that we owned that piece of property when this private ownership was sold to
[01:08:07.960 --> 01:08:21.160]  the city. There was no notification and stuff that I can find that anyone was ever notified that
[01:08:21.160 --> 01:08:27.000]  the sale of this cemetery had occurred indeed to the city to begin with.
[01:08:27.000 --> 01:08:39.880]  Well, that might not be near, that'd be kind of a dead issue, but what is not a dead issue is they
[01:08:39.880 --> 01:08:48.680]  sold you a piece of property that was being used. There's no way you can use that piece of property
[01:08:48.680 --> 01:08:53.560]  because it's already occupied by a dead guy. I hate to put it so blunt, but...
[01:08:53.560 --> 01:09:00.120]  Well, let me re-qualify that and stuff. My grandmother had been interred there and stuff
[01:09:00.120 --> 01:09:09.080]  before the sale. The adjacent space next to her was on that tract of land, and that was where
[01:09:09.720 --> 01:09:16.360]  my aunt was wanting to be buried. Next to that plot was another plot that we did not own,
[01:09:16.360 --> 01:09:24.920]  but because of this concrete crypt regulation and stuff, when they interred someone in the
[01:09:24.920 --> 01:09:33.320]  piece of the lot next to it, that we didn't... Right, yeah, you're going to lose space because
[01:09:33.320 --> 01:09:39.320]  of the concrete vault. Now you have a claim against the city.
[01:09:39.320 --> 01:09:44.360]  The fact that these people didn't have enough room to bury that person is their problem,
[01:09:44.360 --> 01:09:50.440]  not your problem. The city's going to tell you that the state law change and the fact that you
[01:09:50.440 --> 01:09:56.840]  can only bury seven people instead of 10 is your problem, not our problem. So now you can go back
[01:09:56.840 --> 01:10:05.000]  and say, I can only bury six people and not seven, and that is your problem, not my problem.
[01:10:05.000 --> 01:10:12.520]  That is your problem, not my problem. Now either dig that guy up and chuck him out in a road
[01:10:12.520 --> 01:10:21.160]  somewhere, or let's make a deal and give me enough space to bury my 10, and I won't make you dig up
[01:10:21.160 --> 01:10:27.880]  the dead guy. Yeah, I'm looking at the attachment now and stuff, and it identifies the blocked lot
[01:10:27.880 --> 01:10:35.960]  number, number of spaces 10. It was a lot owner is my father, and it has his name on it, and it says
[01:10:35.960 --> 01:10:43.000]  the date of purchase. This was originally purchased in 1977. So this piece of property has been owned
[01:10:43.000 --> 01:10:51.000]  in the family for several, several, 40 years. Now is the requirement for the concrete vault
[01:10:51.000 --> 01:11:03.000]  prior to or post 77? Post 77. Post 77, okay. On that, you're not going to have a claim, but.
[01:11:03.000 --> 01:11:08.520]  Well, wait a minute, wait a minute, wait a minute, Randy. If they'd purchased that property in 77 and
[01:11:08.520 --> 01:11:13.640]  somebody parked some dead guy's vault on their property. That part they have a claim on.
[01:11:13.640 --> 01:11:21.160]  The fact that the state widened the plot size, that's not something the city would
[01:11:21.160 --> 01:11:28.920]  have control over. Correct, correct. But the fact that the city let somebody else
[01:11:29.960 --> 01:11:38.120]  bury someone on your property, that's something they have control over. Now in the end,
[01:11:38.120 --> 01:11:46.520]  it's all about the politics. Now you go back, is there space around your plots so that you
[01:11:46.520 --> 01:11:52.680]  could expand your plot to take up the extra distance? Actually, there's a roadway that
[01:11:53.640 --> 01:12:00.760]  surrounds that area and stuff, and it's a corner tract. The only thing that we could do as far as
[01:12:00.760 --> 01:12:08.120]  a compromise would be to maybe add- Wait a minute, I am losing you....and stuff to say,
[01:12:08.680 --> 01:12:17.000]  well, look, we're supposed to have 10 spaces here. Now we only have six or seven. Is there
[01:12:17.000 --> 01:12:24.440]  another piece of property in the same cemetery? We'd be willing to go for that and stuff because,
[01:12:24.440 --> 01:12:29.480]  like I said, the requirement and stuff to change it to a concrete vault I think has only been in the
[01:12:29.480 --> 01:12:34.040]  last few years. Like I said, we've already owned that piece of property since 1977,
[01:12:35.000 --> 01:12:43.080]  and I'm looking at the deed in here and stuff, and it says, like I said, on the deed where it's
[01:12:43.080 --> 01:12:50.440]  recorded in Woodstock County, Texas, hereby referred to and made part of, which said,
[01:12:50.440 --> 01:12:56.280]  lock contains approximately 400 superficial square feet. On the deed, like I said, it doesn't mention
[01:12:56.280 --> 01:13:01.880]  how many spaces, but like I said, the attachment to the deed, which was part of the original deed
[01:13:01.880 --> 01:13:12.360]  when it was sold, does designate it as 10 spaces. Yeah, I don't think... If the space size at the
[01:13:12.360 --> 01:13:21.960]  time was smaller, you're not going to get back past new law. This is not going to be the kind
[01:13:21.960 --> 01:13:27.080]  of thing that you would be grandfathered on because the people to be buried in the locations
[01:13:27.080 --> 01:13:32.840]  haven't been buried yet, so there won't be any way to go back, and especially if they claimed
[01:13:32.840 --> 01:13:42.280]  a health issue. Okay. But my concern was if you had a two-party contract between two private
[01:13:42.280 --> 01:13:50.520]  parties that now a city and stuff has been made part of by the sale of the property,
[01:13:50.520 --> 01:14:00.360]  the city is in a contract with you just as if it was another person. Now, if you sue the city
[01:14:00.360 --> 01:14:08.040]  over this issue, the city has no immunity in this issue. This goes to the fathelka.
[01:14:09.720 --> 01:14:17.160]  When the city engages in commerce, it waives its sovereign immunity.
[01:14:17.160 --> 01:14:23.000]  And here, the city in purchasing a commercial business, they're dealing in commerce, so they
[01:14:23.000 --> 01:14:33.160]  have no immunity, so you can sue the snot out of them and claim all sorts of emotional distress
[01:14:33.160 --> 01:14:39.560]  because now your whole family can't be buried there, and you planned on this for almost half
[01:14:39.560 --> 01:14:47.240]  a century, and now the city's screwed it all up. Get them to make you a deal.
[01:14:50.520 --> 01:14:54.040]  All right. It's all about the deal in the end anyway.
[01:14:54.680 --> 01:14:58.600]  Just out of curiosity, Michael, and just strictly curiosity, I'm not
[01:14:59.480 --> 01:15:03.720]  needing names or anything, but is this place off the Seymour Highway or out by Lake Wichita?
[01:15:04.760 --> 01:15:08.200]  It's actually off the Southwest Parkway. Southwest, okay.
[01:15:08.200 --> 01:15:10.520]  I know the one you're talking about.
[01:15:12.840 --> 01:15:17.640]  It's been in private hands since I believe it was opened until,
[01:15:17.640 --> 01:15:20.680]  like I said, I don't know exactly when the city took it over,
[01:15:22.360 --> 01:15:28.440]  but I do know that I was a resident of Austin at the time when the sale occurred.
[01:15:28.440 --> 01:15:37.080]  And like I said, once the city bought it and took it over, then they became engaged and stuff
[01:15:38.680 --> 01:15:44.440]  with all the state requirements and stuff, and that's when the vault size was increased.
[01:15:46.920 --> 01:15:52.360]  As far as I know, there was no notification of any of the property owners out there who had
[01:15:52.360 --> 01:15:57.320]  purchased land out there on that cemetery, because I asked my mom, did you ever get a
[01:15:57.320 --> 01:16:01.160]  letter from the city or anything saying that they were having to deal with all
[01:16:01.160 --> 01:16:06.200]  these other regulations, and she said no. You might go look at how this regulation
[01:16:06.920 --> 01:16:15.960]  is implemented. Is it a rule, a regulation, or a statute? If it's a rule or regulation,
[01:16:15.960 --> 01:16:19.960]  and the rule or regulation breaches your contract, they can wipe their behind
[01:16:19.960 --> 01:16:25.240]  with their rule or regulation. If it's not a statute, then it's not law.
[01:16:26.680 --> 01:16:27.180]  Right.
[01:16:28.120 --> 01:16:32.280]  So look up the statute, see how it was passed, who passed it, when they passed it.
[01:16:33.400 --> 01:16:35.960]  Good chance it's not a statute at all, just a rule.
[01:16:38.280 --> 01:16:41.000]  Okay, we're going to move ahead. Thank you, Michael.
[01:16:42.760 --> 01:16:47.880]  Okay, my question was, where would I begin to find out about that information?
[01:16:47.880 --> 01:16:51.320]  About that information? Get that on the other side of the break.
[01:16:51.880 --> 01:16:52.440]  Yeah.
[01:16:52.440 --> 01:16:52.940]  Okay.
[01:16:52.940 --> 01:17:18.220]  Call in number 512-646-1984. We'll be right back.
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[01:19:24.060 --> 01:19:45.740]  If I can't get everything I want, you'll get a range, yeah, hey.
[01:19:45.740 --> 01:19:57.180]  If I can't get everything I need, you'll get a range, yeah, hey.
[01:19:57.180 --> 01:20:01.100]  We are back. We're Andy Kelton and Deborah Stevens with Steve Skidmore
[01:20:02.140 --> 01:20:09.260]  and we're talking to Michael in Texas and you wanted to know where to find the law.
[01:20:09.260 --> 01:20:20.060]  The first place is look in the legislature. Texas legislature do a search for graves, grave sizes.
[01:20:21.180 --> 01:20:26.140]  Do you know when the law went into effect? No, wait, what's wrong with me? Brain dead,
[01:20:26.140 --> 01:20:36.060]  brain dead. City, do a request for the city for the requirement for the crypt.
[01:20:36.060 --> 01:20:45.660]  Notify the city that it appears as though their requirements breach your contract so you would
[01:20:45.660 --> 01:20:52.300]  like to see authority for their requirement for the concrete crypt. Okay, the reason this issue
[01:20:52.300 --> 01:20:58.380]  came up, Randy, and something I'll tell you, while we were discussing the other issue on
[01:20:58.380 --> 01:21:09.260]  Thursday and getting it resolved as far as the prepaid burial service agreement, the director
[01:21:09.260 --> 01:21:16.140]  of the funeral home that we were dealing with made a statement that state law requires
[01:21:17.260 --> 01:21:24.940]  it to be a concrete vault now, so I'm thinking that's kind of the assumption I'm going under,
[01:21:24.940 --> 01:21:28.860]  but then again I don't assume because you know what that does that of the first three letters
[01:21:28.860 --> 01:21:40.300]  to you and me. Okay, so since the city is the one that owns the facility, ask them for the
[01:21:41.740 --> 01:21:50.940]  specifics of the requirement, ask them for the statute. Okay. Then ask them to show authority
[01:21:50.940 --> 01:21:56.460]  and then see if it's a city rule. If it's a city rule, they can wipe their behind with the rule,
[01:21:56.460 --> 01:22:08.540]  you've got a contract. And the city's cemetery is separate from the city itself,
[01:22:10.060 --> 01:22:14.060]  so the city itself can't come back and interfere with your private contract
[01:22:14.060 --> 01:22:20.860]  just because they want to. They'd have to pass a statute.
[01:22:20.860 --> 01:22:24.860]  Okay, well I'm fairly certain there is a statute because like I said, when I contacted the
[01:22:25.740 --> 01:22:33.020]  funeral services commission, I found out since the cemetery is owned by the city of Wichita Falls,
[01:22:33.020 --> 01:22:38.220]  that we would have to go to the city attorney and stuff in order to...
[01:22:38.220 --> 01:22:44.380]  Wait a minute, hold on, hold on. That's what I was told by the funeral services commission.
[01:22:44.380 --> 01:22:52.140]  Okay, does this requirement only apply to government-owned facilities or does it
[01:22:53.020 --> 01:22:58.940]  apply to all funeral homes, all graveyards? I believe it might be applying to all of them.
[01:22:58.940 --> 01:23:07.580]  Well, check and see. If it only applies to city-owned, city's problem, then not your problem.
[01:23:09.580 --> 01:23:13.980]  You enter into a contract with a private-owned facility. If they want to sell it to the city
[01:23:13.980 --> 01:23:17.580]  that changes the requirements, they have to give you more space.
[01:23:19.580 --> 01:23:23.820]  Okay. That would interfere with the contract. Right.
[01:23:23.820 --> 01:23:27.420]  Then you'd have a claim. So you've got a little research to do.
[01:23:27.420 --> 01:23:33.740]  I'm certain I do, and you pointed me in the right direction. I'm pretty good at doing research.
[01:23:35.420 --> 01:23:39.580]  It's fun reading the codes because you find some really interesting stuff in there. You may find
[01:23:39.580 --> 01:23:44.860]  something to hammer them good with. Okay, so again, just to recap, I want to
[01:23:45.900 --> 01:23:49.500]  check with the city, write them a letter, I'm sure,
[01:23:49.500 --> 01:23:57.740]  certified mail, return receipt, and ask them for the complete requirements.
[01:23:58.540 --> 01:24:05.660]  Yeah, they ask for the city's authority to require a concrete crypt for burial.
[01:24:08.300 --> 01:24:16.060]  And you might send them a letter giving them notice that the city has buried some
[01:24:16.060 --> 01:24:23.660]  that the city has buried someone on your property. Okay.
[01:24:26.860 --> 01:24:32.780]  And ask them to make you hold or be sued. Tell them that you bought 10 plots,
[01:24:34.220 --> 01:24:39.740]  return your 10 plots to you, or be sued, and give them an opportunity to come back with a
[01:24:39.740 --> 01:24:47.580]  counter offer. Okay. Get that dead guy off my property. That won't make them happy.
[01:24:47.580 --> 01:24:53.740]  He ain't paying rent. It's actually a dead lady in this case, but
[01:24:54.700 --> 01:25:00.940]  I can deny their case. So like I said, that burial and stuff is interfering with, you know,
[01:25:00.940 --> 01:25:08.540]  part and parcel to the land we own. Exactly. Okay. Keep us posted.
[01:25:08.540 --> 01:25:13.020]  Appreciate the time. Thanks, Steve. Thanks, Randy. You're welcome.
[01:25:13.020 --> 01:25:18.620]  I do keep in touch. I emailed Randy and stuff and he hadn't returned my email, but I'm sure he did.
[01:25:18.620 --> 01:25:23.020]  That dude might not have seen it. I will look for it. What's your email address?
[01:25:23.020 --> 01:25:30.220]  Just the first part. Michael G. Moore.
[01:25:32.060 --> 01:25:38.380]  Michael Moore. Okay. I looked at that and I was thinking of the movie guy.
[01:25:39.740 --> 01:25:43.980]  Okay. I'll go back and look at it. Okay. I'm fixing to do something about that,
[01:25:45.820 --> 01:25:50.380]  but I appreciate it. Go on to your other callers and I'll keep listening. Thank you.
[01:25:50.380 --> 01:26:00.220]  Okay. Take care. Okay. Now we're going to Julius in Texas. Hello, Julius. What are you up to now?
[01:26:01.980 --> 01:26:06.780]  You know, Randy, I got a couple of items in the fire. One is I might be going for,
[01:26:07.500 --> 01:26:13.260]  uh, my real estate lawsuit pretty soon coming up here. And I got a question just to be on
[01:26:13.260 --> 01:26:18.860]  point on topic because you've been talking about real estate all this evening. So I wanted to start
[01:26:18.860 --> 01:26:27.180]  with, that's a quick question. Can you go for damages if let's say you have a $25,000 down
[01:26:27.180 --> 01:26:33.820]  payment on a house that was foreclosed illegally and forgetting the facts of how it was illegally
[01:26:33.820 --> 01:26:40.300]  foreclosed for a moment, but just looking at your damages, can you claim that as damages,
[01:26:40.300 --> 01:26:44.380]  even if theoretically there was no equity in the property?
[01:26:44.380 --> 01:26:50.300]  No, no, no. You, you claim the entire value of the property.
[01:26:51.340 --> 01:26:57.100]  I see. Yeah. Not just the amount you had in it. You owned the property at that point and
[01:26:57.100 --> 01:27:03.660]  they just had a claim against it. Right. And you're maintaining that they illegally
[01:27:03.660 --> 01:27:10.140]  exercise this claim. Right. You had a right to free and uninterrupted
[01:27:10.140 --> 01:27:15.580]  enjoyment and ownership of the property. And they denied you that. So you'd claim the full amount.
[01:27:15.580 --> 01:27:22.860]  And if you claim any kind of fraud or misdealing, then you claim three times the amount
[01:27:24.860 --> 01:27:32.380]  and then go back and look at your documentation. Well, let me, let me, let me point you in the
[01:27:32.380 --> 01:27:36.700]  right direction. This was the one of them refresh your memory, but where the lawyers from
[01:27:36.700 --> 01:27:39.980]  Ballard and Daffy Duck, those lawyers, you're familiar with them.
[01:27:39.980 --> 01:27:46.380]  Daffy and Frappin' and Kiss My Behind? Daffy and Frappin' and Kiss- yeah, you got
[01:27:46.380 --> 01:27:51.820]  Daffy Duck, Daffy Duck and Lawyers Incorporated, those guys. Anyway, one of the lawyers wrote me
[01:27:51.820 --> 01:27:58.620]  back because I said specifically, I wrote them notice that I'm not allowing you to foreclose
[01:27:58.620 --> 01:28:05.740]  on this property. I need to see the original loan documents, the original note, secure
[01:28:05.740 --> 01:28:14.300]  note security instrument in the original ink signatures in person. I will not accept photocopies.
[01:28:14.300 --> 01:28:19.820]  I am not allowing you to move forward with this foreclosure unless I am able to review these
[01:28:19.820 --> 01:28:26.620]  documents in person. And I got a letter back from the lawyer who stated, and I quote,
[01:28:26.620 --> 01:28:33.740]  you don't have the right to see these documents. And here's a photocopy and that's all you get.
[01:28:33.740 --> 01:28:43.340]  Okay. And that's basically what the lawyer wrote me. But now this foreclosure happened January
[01:28:43.340 --> 01:28:51.420]  the 5th, 2010. But it's only now that we're finding out that, well, we have the right
[01:28:52.460 --> 01:29:00.780]  to see these documents and that it's sought put upon by these lawyers to state that you have no
[01:29:00.780 --> 01:29:08.300]  right to see the original documents. Oh, I got a better idea. What's that? Sue the lawyer who
[01:29:08.300 --> 01:29:15.420]  wrote you the letter. That's what I was thinking about. Go after her. And also, can I file criminal
[01:29:15.420 --> 01:29:21.980]  charges? Now I know I'm pretty sure within the four year period of time, especially from the
[01:29:21.980 --> 01:29:29.020]  time of discovery of the fraud, which I just discovered this year, because they told me when
[01:29:29.020 --> 01:29:36.460]  they told me I was not allowed to inspect these documents and I had no right to, I took that
[01:29:36.460 --> 01:29:42.540]  face value. They were telling me the truth. So they, exactly. Okay. Hang on, hang on.
[01:29:42.540 --> 01:29:49.020]  We'll be right back on the other side. This is Randy Kelton, Deborah Stevens with Steve Skidmore
[01:29:49.020 --> 01:30:02.060]  Rule of Law Radio. Our call-in number 512-646-1984. We'll be right back.
[01:30:02.060 --> 01:30:07.100]  Be careful what you tweet. Just ask Jonathan Hoster. His complaint about a local grocery
[01:30:07.100 --> 01:30:12.540]  store sparked a national social media firestorm and nearly cost his job. I'm Dr. Catherine Albrecht.
[01:30:12.540 --> 01:30:16.780]  I'll be back in a moment with more on the cautionary tale of tweets gone wrong.
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[01:30:42.380 --> 01:30:47.100]  and total privacy. Startpage.com, the world's most private search engine.
[01:30:47.100 --> 01:30:51.260]  When Jonathan Hoster found the local Price Chopper supermarket understocked,
[01:30:51.260 --> 01:30:56.620]  he vented his frustrations on Twitter, the social media website. But when Price Chopper PR employee
[01:30:56.620 --> 01:31:01.980]  Amira Sedawayu read the tweet, she demanded that Hoster's employer, Syracuse University,
[01:31:01.980 --> 01:31:06.940]  discipline him for daring to criticize her store. From there, it was all downhill. A social media
[01:31:06.940 --> 01:31:11.980]  professor launched blog entries criticizing the store's bizarre response. Bloggers debated
[01:31:11.980 --> 01:31:16.300]  whether heads should roll and protests were planned at Price Chopper stores. Price Chopper
[01:31:16.300 --> 01:31:20.780]  finally apologized and the disaster died down, but the outcome could have been quite different.
[01:31:20.780 --> 01:31:25.180]  Hoster could have lost his job, and I'm wondering how Sedawayu kept hers.
[01:31:25.180 --> 01:31:29.340]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:03.100 --> 01:33:21.900]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:33:33.100 --> 01:33:54.460]  Okay, we are back. Randy Kelton, Debbie Stevens, Wheel of Law Radio. We're here with Steve Skidmore.
[01:33:54.460 --> 01:34:00.380]  And Steve has an announcement he would like to make. Well, not one that I'd like to make,
[01:34:00.380 --> 01:34:07.980]  but one that needs to be made. For those in the Austin area, there is a gentleman who has been
[01:34:07.980 --> 01:34:15.900]  fighting the system for a long time in the pro se litigant world who has passed from this world.
[01:34:15.900 --> 01:34:22.780]  His name is Rhett Pease. Some of you may know him. If this is news to you, I'm sorry for having
[01:34:22.780 --> 01:34:29.500]  to break the news, but there will be a celebration of Rhett's life tomorrow at the Gardens of the
[01:34:29.500 --> 01:34:37.660]  Ancients that is located at 4800 Yeager Lane. That's out east of Dessau. If you're headed
[01:34:37.660 --> 01:34:45.100]  in town, headed out east on Palmer, just go past Samsung. Take a right on Yeager Lane and it's a
[01:34:45.100 --> 01:34:50.460]  quarter mile down the road on the left. The celebration will start at two o'clock in the
[01:34:50.460 --> 01:34:56.620]  afternoon. Everybody's welcome to bring a covered dish or whatever offering you'd like to bring.
[01:34:56.620 --> 01:35:03.100]  Everybody's welcome. Again, for a memorial service or a celebration of the life of Rhett Pease,
[01:35:03.740 --> 01:35:09.980]  there will be a gathering at the Gardens of the Ancients at two o'clock, 4800 Yeager Lane.
[01:35:11.420 --> 01:35:16.460]  That's all I've got on that, guys. Thank you. Thank you. Sorry to hear that because
[01:35:17.100 --> 01:35:23.180]  Rest Peace was a real go getter. He really stirred up a lot. He was. He was.
[01:35:23.180 --> 01:35:26.700]  And I hate to hear it. I always hate to hear people dying younger than me.
[01:35:28.700 --> 01:35:31.740]  Brings us a little closer to our own mortality, doesn't it, Randy?
[01:35:31.740 --> 01:35:40.700]  Yes, it does. Okay, we're going back to Julius in Texas. Okay, Julius,
[01:35:43.340 --> 01:35:50.940]  the lawyer who's, do you have, okay, you've got the name of the specific lawyer that sent
[01:35:50.940 --> 01:35:55.420]  of the specific lawyer that sent you that free advice?
[01:35:56.540 --> 01:36:02.060]  Yeah. Oh, and I got her ink signature on a letterhead from that law firm
[01:36:02.860 --> 01:36:07.900]  stating this bogus claim that I have no rights to the original documents.
[01:36:08.780 --> 01:36:15.260]  And this is what we've been doing. We've been trying to sue the lawyer, his or herself,
[01:36:15.260 --> 01:36:23.820]  rather than the law firm or the lender, because the only thing we really know
[01:36:24.940 --> 01:36:29.820]  is this particular human being sent us this document with their signature on it.
[01:36:31.100 --> 01:36:33.740]  Right. And they made all these claims.
[01:36:35.020 --> 01:36:40.140]  We don't know if those claims are true or not, and it would be inappropriate for us to hold
[01:36:40.140 --> 01:36:43.900]  someone else responsible for a claim this lawyer made.
[01:36:44.940 --> 01:36:53.180]  Right. And here you have clear indication that the lawyer comes with unclean hands
[01:36:54.380 --> 01:37:01.100]  because the lawyer lied to you. And the lie was in direct contradiction to 3-501
[01:37:02.620 --> 01:37:07.900]  Texas Uniform Commercial Code. I think the Uniform Commercial Code is not a
[01:37:07.900 --> 01:37:13.100]  law firm. I think the Uniform Commercial Code in Texas is, I think it's business commerce code.
[01:37:14.220 --> 01:37:17.980]  Okay. So it's 3-501. It's very clear. They
[01:37:17.980 --> 01:37:25.820]  must produce the original note or you may cease all payments without dishonor.
[01:37:27.420 --> 01:37:34.700]  Right. So she lied directly about that. So now you have reason to believe she lied about
[01:37:34.700 --> 01:37:38.220]  everything else. You sue that lawyer personally? Yeah.
[01:37:39.180 --> 01:37:45.340]  That is going to get her attention. How about good old Deceptive Trade
[01:37:45.340 --> 01:37:51.260]  Practices Act with treble damages? That was my next thing. I was going to go to
[01:37:52.300 --> 01:37:59.660]  executing a document by deception, tampering with the government document, aggravated perjury.
[01:37:59.660 --> 01:38:09.260]  I just had someone go to court today and made those claims against the purchaser of the property
[01:38:09.260 --> 01:38:18.620]  who was an eviction hearing. We made those claims because they caused to be filed this petition for
[01:38:18.620 --> 01:38:28.540]  eviction. And we maintained that. They purchased this property at an illegal foreclosure.
[01:38:28.540 --> 01:38:36.300]  An illegal foreclosure sale. And the fact of the illegality of the foreclosure sale
[01:38:36.860 --> 01:38:45.100]  was evident by the public record. And therefore the purchaser of the property had full knowledge
[01:38:45.980 --> 01:38:51.900]  of the illegality of their actions. Whether they looked in the records or not,
[01:38:51.900 --> 01:38:58.700]  their problem, not our problem. They are imputed to have full knowledge of everything that's in
[01:38:58.700 --> 01:39:04.780]  the public record and they can't claim they didn't. So even here, this lawyer
[01:39:06.620 --> 01:39:13.900]  stated knowledge in this area. She can't come back later and say that she wasn't aware that
[01:39:13.900 --> 01:39:21.340]  somebody had goofed up, especially a lawyer. Because a lawyer in Texas may not accept the
[01:39:21.340 --> 01:39:29.340]  veracity of his client. Prior to making a claim for a client, the lawyer must test the
[01:39:29.340 --> 01:39:36.940]  truthfulness of the client's representations to the lawyer to ensure that they are valid before
[01:39:36.940 --> 01:39:44.140]  the lawyer makes the claim. It looks like you dropped off my board.
[01:39:44.140 --> 01:39:53.420]  No, I'm still there. And if there's an affirmative claim made by an attorney in court,
[01:39:54.060 --> 01:40:01.900]  that claim must be predicated upon his due diligence by a reasonable search. That means
[01:40:01.900 --> 01:40:08.220]  it had better not be just drawn out of thin air in hopes that that might win his case.
[01:40:09.900 --> 01:40:13.340]  That is the exact reason we've been going after the lawyers.
[01:40:14.220 --> 01:40:20.700]  The whole reason for this is so, and it's outlined in the code of ethics or in the canons of ethics,
[01:40:20.700 --> 01:40:25.980]  is to now get this, you might get a chuckle out of this, but seriously, it's to protect the
[01:40:25.980 --> 01:40:35.020]  integrity of the trade of the profession. Isn't that an oxymoron?
[01:40:35.020 --> 01:40:40.380]  Yes, I thought you might get a kick out of that. Hey, don't shoot the messenger,
[01:40:40.380 --> 01:40:47.740]  Randy. I'm just telling you what I read. More a contradiction of terms. Yeah, and
[01:40:47.740 --> 01:40:54.460]  we start taking on the lawyers. That this is where the problem really is. It's not the client.
[01:40:55.900 --> 01:41:03.180]  The client's just using whatever's out there. We start hammering the lawyers. The lawyers got
[01:41:03.180 --> 01:41:08.140]  malpractice insurance. If they don't, then they're self-insured. That's what it's for.
[01:41:08.860 --> 01:41:14.220]  And then we go after them. We collect from the malpractice insurance company,
[01:41:14.220 --> 01:41:21.180]  from their insurance company, and they get their insurance canceled.
[01:41:23.500 --> 01:41:27.260]  So this doesn't work. That or their premiums will double.
[01:41:28.460 --> 01:41:33.020]  Oh, well, their premiums are doubled when you file the bar grievance.
[01:41:33.580 --> 01:41:39.660]  Right. When you sue them, that's when it'll cancel. They'll have to cover the issue,
[01:41:39.660 --> 01:41:45.100]  but then they'll cancel for... Well, it's just like a new car.
[01:41:47.100 --> 01:41:52.460]  You buy a new car, you go down to Walmart, you go inside, come out, somebody has backed into a
[01:41:52.460 --> 01:41:57.260]  fender and bashed it in. You call the insurance company, they come out and fix it, they increase
[01:41:57.260 --> 01:42:02.060]  your premiums. You go out there next month, you come back, somebody's bashed in another fender.
[01:42:02.060 --> 01:42:09.420]  They come out, they fix it, they cancel. Your fault, their fault, nobody's fault. They do not
[01:42:09.420 --> 01:42:15.660]  care. Yeah, I know for a fact that insurance companies aren't in business to pay claims.
[01:42:15.660 --> 01:42:20.860]  They're in business to collect premiums and make investments. Exactly. You just become
[01:42:20.860 --> 01:42:28.540]  an unacceptable risk and they cancel. And I had a lawyer tell me this 10 years ago,
[01:42:28.540 --> 01:42:35.020]  and he saw my eyes light up. And when he said that, he shook his head, oh, I knew I shouldn't
[01:42:35.020 --> 01:42:41.420]  have told you that. And that was interesting because who this lawyer was. When I first met him,
[01:42:41.420 --> 01:42:46.620]  he was an assistant county attorney. And I was in the county I live in, I was down there working
[01:42:46.620 --> 01:42:51.820]  him over. And I was in Wendy's office one day and I was crawling down his throat about something.
[01:42:51.820 --> 01:42:58.620]  And he said, just a moment, Mr. Kelton, stay right there, don't say anything else. He got up,
[01:42:58.620 --> 01:43:04.540]  walked around, closed the door to his office, came back, sat down and said, Mr. Kelton,
[01:43:05.420 --> 01:43:11.660]  don't stop. He said he used to work for Tarrant County as a prosecutor for six years.
[01:43:11.660 --> 01:43:19.180]  And he said, he just couldn't do it anymore. He was just too corrupt. He said, I can't fix it.
[01:43:19.180 --> 01:43:25.660]  The police can't fix it. Only you can fix it, don't stop. But I didn't say this, if you say I
[01:43:25.660 --> 01:43:31.660]  did, I'll swear you're a liar. He got up, walked around, opened the door and started arguing with
[01:43:31.660 --> 01:43:38.700]  me, railing on me, threatening me, the same old stuff. It was absolutely cool. Okay, hang on.
[01:43:39.820 --> 01:43:43.260]  Randy Kelton, Deborah Stevens, Eddie Craig, We Willed Our Radio,
[01:43:43.260 --> 01:43:51.980]  call in number 512-646-1984. Give us a call. We've got one more segment. We'll be right back.
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[01:44:29.340 --> 01:44:36.460]  yourself. It's downtown at 1904 Guadalupe Street, just south of UT. By UT, there's never anywhere
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[01:46:23.500 --> 01:46:36.540]  The
[01:46:36.540 --> 01:46:53.420]  people come down from the hills
[01:46:53.420 --> 01:47:12.700]  Okay, this is Randy Kelton, Deborah Stevens, Rule of Law Radio, and it looks like our phones
[01:47:12.700 --> 01:47:20.700]  went down. I've been a big brainstorm in Austin, so we will finish out. We were talking about
[01:47:20.700 --> 01:47:26.380]  suing the lawyers and I'd like to talk about that a little more. It's always a good subject.
[01:47:26.380 --> 01:47:35.580]  Yeah, well, it's about the politics and I've been, over time, I've been making a change from,
[01:47:36.460 --> 01:47:44.300]  you know, my original research was law. You know, I'm an engineer and as an engineer, all we do is
[01:47:44.300 --> 01:47:53.580]  connect the dots. And when I started the study of law, I treated it like an engineering project.
[01:47:54.780 --> 01:48:05.660]  The statute says you must do this thing. So it's like gravity pulls in a certain place at a
[01:48:05.660 --> 01:48:13.500]  certain amount. It always does that. It's not arbitrary or capricious. So I read the law as if
[01:48:13.500 --> 01:48:23.820]  it was not arbitrary or capricious. I was naive. And it took a long time for me to make that
[01:48:25.020 --> 01:48:30.860]  shift and it shouldn't have. I'm kind of ashamed of being an engineer. Engineers,
[01:48:31.740 --> 01:48:40.300]  they don't tend to have opinions about how things should be. When I went to college for electrical
[01:48:40.300 --> 01:48:50.460]  for electrical engineering, the first day, electronic theory, first course, the professor
[01:48:50.460 --> 01:48:57.500]  walked into the room. They've got us all set down. They've got all their money paid, all of our
[01:48:57.500 --> 01:49:02.460]  tuition. They sit us down in the room and the professor walks in, he looks out over the class
[01:49:02.460 --> 01:49:13.900]  and he said, electricity, we don't know what it is. We're all looking at each other, wondering
[01:49:13.900 --> 01:49:21.020]  what we paid all this money for. And then he went on to say, but we do know some things that it does.
[01:49:22.300 --> 01:49:27.740]  And based on our experience, we have developed certain theorems, actions, and postulates
[01:49:27.740 --> 01:49:34.060]  to describe what it does. But all through your electronics career, never forget,
[01:49:34.620 --> 01:49:41.820]  we don't know what it is. Therefore, if you encounter a phenomenon that does not match one of
[01:49:41.820 --> 01:49:50.700]  your theorems, axioms, or postulates, quick like a bunny rabbit, throw out your theorems, axioms,
[01:49:50.700 --> 01:50:01.420]  or postulates, never throw out phenomena because mother nature has all of these laws.
[01:50:02.940 --> 01:50:13.660]  First law, mother nature enforces all of her laws, all of the time, and she does not care about your
[01:50:13.660 --> 01:50:25.020]  theorems, axioms, or postulates. Over time, that turned out to be probably the first best and most
[01:50:25.020 --> 01:50:36.860]  valuable five minutes of my electronics career. Find out how things work and do them that way.
[01:50:36.860 --> 01:50:43.340]  You can have all the opinions you want to, but first find out how things work. This
[01:50:43.340 --> 01:50:50.940]  big humongous thing, it rises up in the sky, hangs there for a while, boom, crashes to the ground,
[01:50:50.940 --> 01:50:56.300]  shakes the ground for miles around. Big humongous thing, rises back up in the sky, hangs there a
[01:50:56.300 --> 01:51:03.100]  while, boom, crashes to the ground. Now you might say that's a stupid idea, but first get out from
[01:51:03.100 --> 01:51:13.100]  under it, or you'll get smashed. This is becoming much more important, and I'm kind of ashamed
[01:51:13.100 --> 01:51:24.700]  because I've known that for 40 years, and it's taken me so long to accept and realize that you
[01:51:24.700 --> 01:51:31.740]  will not win your case because you have the law and the facts on your side. I was naive,
[01:51:31.740 --> 01:51:38.300]  I was naive. You will only win your case if you have the politics on your side. Okay,
[01:51:39.500 --> 01:51:49.580]  now where do we find and how do we manipulate the politics? And I know a lot of people will bristle
[01:51:50.620 --> 01:51:58.540]  at the thought of having to deal with the politics. Well, guys, sorry to tell you,
[01:51:58.540 --> 01:52:10.460]  but that's really all there is. It is that way now. It has always been that way since human
[01:52:10.460 --> 01:52:17.900]  beings grouped together in civilizations and developed the ability to write and record their
[01:52:17.900 --> 01:52:27.980]  history. I was reading a book about the ancient Sumerians, and in there, there was a platform
[01:52:27.980 --> 01:52:37.340]  placard petitioned by a king 5,500 years ago, where he proclaimed that he was reasserting the
[01:52:37.340 --> 01:52:46.380]  old law because those in positions of power and influence have so perverted the laws that the
[01:52:46.380 --> 01:52:58.460]  citizen can no longer achieve justice. If this has been going on for 5,500 years that we know of,
[01:52:58.460 --> 01:53:08.380]  don't expect it to change tomorrow. So with that said, how do we affect the politics? And clearly
[01:53:08.380 --> 01:53:20.860]  in going after these guys, we go to the maxim of never stipulate to anything. So we went back from
[01:53:20.860 --> 01:53:31.340]  the engineering perspective. What do we know as opposed to what do we think? We know that we got
[01:53:31.340 --> 01:53:38.780]  this communication, and we know that there was another person on the other side of this
[01:53:38.780 --> 01:53:48.220]  communication. And this person made statements, assertions, and allegations, and the person signed
[01:53:48.220 --> 01:53:57.020]  it. And we're sure that this is the person because there is a jurat here with a notary authentication
[01:53:57.020 --> 01:54:06.380]  that this is the person that made this statement or whatever. All we know is this person
[01:54:06.380 --> 01:54:15.020]  sent us this document and made this statement. And in law, whoever makes the proactive statement
[01:54:15.020 --> 01:54:22.140]  is the one that has to back it up. We talk about it in writing legal documents.
[01:54:22.140 --> 01:54:27.100]  Never make a proactive statement of law out of your own mouth.
[01:54:29.420 --> 01:54:39.340]  You can give the judge the most convincing arguments and the best reasons as to why he
[01:54:39.340 --> 01:54:45.900]  should rule in your favor. And he might agree with you. But if you have not given him law,
[01:54:45.900 --> 01:54:51.180]  then you've given him nothing to hang his hat on because he has a duty to determine the facts in
[01:54:51.180 --> 01:54:55.820]  accordance with the rules of evidence, and then apply the law to the facts in the case.
[01:54:57.340 --> 01:55:01.660]  So never make a proactive statement out of your own mouth. Make it out of the mouth of the courts.
[01:55:02.700 --> 01:55:10.460]  Never tell the court, you have to do this thing. Tell the court, this statute says you have to do
[01:55:10.460 --> 01:55:17.980]  this thing or this case law says you have to do this thing. But when you've done all of that,
[01:55:17.980 --> 01:55:27.980]  keep in mind, the judge is a human being. And he's going to have prejudices, whether he wants
[01:55:27.980 --> 01:55:37.100]  to or not. And he's also a lawyer. And you're dealing with other lawyers. So you have that
[01:55:37.100 --> 01:55:44.940]  bias. Even if the judge tries his best to be absolutely fair and even-handed,
[01:55:46.380 --> 01:55:51.900]  you just have that bias to deal with. And then the judge has political pressures on him.
[01:55:53.580 --> 01:56:00.060]  He's going to have to get reelected. He can't have the public upset at him. Remember the story
[01:56:00.060 --> 01:56:08.700]  of A Miracle on 54th Street? And why the judge ruled that the guy actually was Santa Claus
[01:56:10.140 --> 01:56:18.140]  is because his little advisor whispering in his ear told him that if you rule against Santa Claus,
[01:56:18.140 --> 01:56:23.180]  you'll never get elected again. That's all it took. Boom, he's Santa Claus.
[01:56:23.180 --> 01:56:36.220]  It's all politics. So by going after the lawyer, now we insert a level of politics that hasn't
[01:56:36.220 --> 01:56:41.820]  been there before. Prior to this, the lawyers felt pretty well immune from what was going on.
[01:56:41.820 --> 01:56:47.900]  They do pretty well what they wanted to for their clients. Now we put them in the crosshairs.
[01:56:47.900 --> 01:56:57.820]  We sue the lawyer. I just put together a suit for a guy in California where the judge dismissed his
[01:56:57.820 --> 01:57:04.860]  case with prejudice. It was an FDCPA suit asking the guy to approve his agency to represent a
[01:57:04.860 --> 01:57:11.820]  principal with standing and capacity. The judge dismissed it. So we said, okay, since you say
[01:57:11.820 --> 01:57:19.660]  this guy is the one with agency to represent a principal with standing capacity, then we maintain
[01:57:19.660 --> 01:57:27.100]  that he is vicariously liable for the crimes these other guys committed, and we're going to sue him.
[01:57:28.300 --> 01:57:34.300]  And if he feels like somebody else is partially liable, well, he can get their money from them.
[01:57:34.300 --> 01:57:41.100]  We'll get our money from this guy. And we'll get our money from this guy. We'll get our money from
[01:57:41.100 --> 01:57:48.300]  this guy. And if he wants to try to get money out of the banks to pay him back, well, see if he does
[01:57:48.300 --> 01:57:56.540]  better than we did. That was so much fun to write. And I think I've used up the whole segment.
[01:57:56.540 --> 01:57:57.500]  I'm sorry, Steve.
[01:57:57.500 --> 01:58:03.900]  That's fine. That's fine. That's good information. Yeah. It's not like he doesn't have recourse.
[01:58:03.900 --> 01:58:05.980]  He's always got a countersuit.
[01:58:06.860 --> 01:58:08.620]  Well, cross complaint.
[01:58:08.620 --> 01:58:09.580]  Or cross, yeah.
[01:58:09.580 --> 01:58:14.220]  Counter suit against us, but he don't have anything. And if he thinks these other guys
[01:58:14.220 --> 01:58:17.500]  are partially responsible, cross complaint against him.
[01:58:17.500 --> 01:58:19.260]  I misspoke. I meant cross complaint.
[01:58:20.220 --> 01:58:22.060]  Okay. Thank you, Steve, for being here.
[01:58:22.620 --> 01:58:23.740]  Thank you for the invitation.
[01:58:24.300 --> 01:58:25.580]  We didn't get to what we wanted to.
[01:58:26.220 --> 01:58:26.860]  No, we didn't.
[01:58:27.660 --> 01:58:29.260]  You want to try that next week?
[01:58:29.260 --> 01:58:30.460]  Sure. Why not?
[01:58:30.460 --> 01:58:35.980]  Okay. We will be back next week and we'll go over this list that we had on.
[01:58:35.980 --> 01:58:38.540]  It's what we said last week. Oh, well.
[01:58:38.540 --> 01:58:43.020]  Okay. Okay. Thank you all for listening. This is Randy, Cal, and David Stephen,
[01:58:43.020 --> 01:59:09.580]  Real Law Radio. We'll be back next week. And good night.
[01:59:13.020 --> 01:59:37.580]  Thank you.
[01:59:43.020 --> 01:59:49.580]  Bye-bye.