ROL_2013-06-27_16k.timecode

[00:11.240 --> 00:12.240]  Online at thelibertybeat.com.
[00:12.240 --> 00:16.240]  John Bush here with your Liberty Beat for June 19, 2013.
[00:16.240 --> 00:28.080]  Gold opened today at $1,375, silver at $21.71, and Bitcoin is trading at $108.
[00:28.080 --> 00:33.080]  Support for the Liberty Beat comes from great new books, free-thinking materials, and free-thinking
[00:33.080 --> 00:34.080]  people since 2006.
[00:34.080 --> 00:39.640]  In Austin and 1904, Guadalupe Street and at Portfest at Site 26.
[00:39.640 --> 00:44.560]  Also, support comes from Central Texas Gunworks, CHL courses, self-defense training, and firearm
[00:44.560 --> 00:45.560]  sales.
[00:45.560 --> 00:48.600]  Online at centraltexasgunworks.com.
[00:48.600 --> 00:49.960]  And now the news.
[00:49.960 --> 00:55.240]  On Tuesday morning, a group of around 50 Houstonians protested outside the office of U.S. Representative
[00:55.240 --> 00:56.600]  Sheila Jackson Lee.
[00:56.600 --> 01:01.920]  The group was rallying in support of the Second Amendment as well as the Armed Citizens Project.
[01:01.920 --> 01:06.120]  The Armed Citizens Project gained the attention last week when Oak Forest neighborhood of
[01:06.120 --> 01:10.200]  Houston became the first in the country to experience a free gun giveaway for single
[01:10.200 --> 01:11.200]  mothers.
[01:11.200 --> 01:15.640]  Sheila Jackson Lee spoke in opposition to the ACP's gun sharing program and in favor
[01:15.640 --> 01:18.680]  of universal background checks for gun purchases.
[01:18.680 --> 01:22.960]  Kyle Copeland, founder of the Armed Citizens Project, says he believes an educated and
[01:22.960 --> 01:31.360]  armed citizenry is key to reducing crime.
[01:31.360 --> 01:36.320]  Tuesday, Google filed a legal challenge against gag orders that came with the FISA court orders
[01:36.320 --> 01:38.920]  it receives from the FBI and NSA.
[01:38.920 --> 01:42.420]  Google is arguing that the silence orders infringe upon the company's First Amendment
[01:42.420 --> 01:46.080]  rights to speak freely about the data requests from the government.
[01:46.080 --> 01:49.880]  According to a court motion filed by Google, they are seeking to release information on
[01:49.880 --> 01:53.120]  the amount of data requests and specific user information.
[01:53.120 --> 01:57.440]  Currently, under the FISA Act, Google is not allowed to disclose publicly the number
[01:57.440 --> 01:59.040]  of requests it gets for data.
[01:59.040 --> 02:03.680]  The public requests have only come about in light of recently leaked information regarding
[02:03.680 --> 02:07.440]  the PRISM software and after the Director of National Intelligence acknowledged that
[02:07.440 --> 02:16.720]  the service providers have received Foreign Intelligence Surveillance Act requests.
[02:16.720 --> 02:20.320]  Sao Paulo, Brazil continues to be the scene of another night of protests.
[02:20.320 --> 02:24.200]  Demonstrators are calling for a more responsive government and have expressed a general anger
[02:24.200 --> 02:26.920]  towards the government financial priorities.
[02:26.920 --> 02:30.440]  Protests have been organized by university students and a group called the Free Fair
[02:30.440 --> 02:33.840]  Movement which is called for free public transportation.
[02:33.840 --> 02:37.360]  Pictures of the scene show protesters clashing with riot police.
[02:37.360 --> 02:42.560]  These latest clashes come after accusations last week of police brutality and the targeting
[02:42.560 --> 02:43.560]  of journalists.
[02:43.560 --> 02:49.480]  Support for the Liberty Beat comes from Tomorrow's Meals Today, South Austin Market Days every
[02:49.480 --> 02:56.160]  Saturday from 3 to 7 p.m. at 10106 Manchac Road, and from Capital City Automotive, Honest
[02:56.160 --> 03:22.880]  Reliable Autocare for Vehicles Foreign and Domestic.
[03:26.160 --> 03:39.720]  Bad boys, bad boys, whatcha gonna do when they come for you?
[03:39.720 --> 03:41.220]  and you had bad traits
[03:41.220 --> 03:43.720]  You go to school and learn the golden rule
[03:43.720 --> 03:46.720]  So why are you acting like a bloody fool?
[03:46.720 --> 03:49.720]  If you get hot then you must get cool
[03:49.720 --> 03:52.220]  Bad boys, bad boys, whatcha gonna do?
[03:52.220 --> 03:54.720]  Or whatcha gonna do when they come for you?
[03:54.720 --> 03:57.720]  Bad boys, bad boys, whatcha gonna do?
[03:57.720 --> 04:00.220]  Or whatcha gonna do when they come for you?
[04:00.220 --> 04:01.720]  You chuck it on that one
[04:01.720 --> 04:03.220]  You chuck it on this one
[04:03.220 --> 04:04.220]  You chuck it on your mother
[04:04.220 --> 04:05.720]  And you chuck it on your father
[04:05.720 --> 04:07.220]  You chuck it on your brother
[04:07.220 --> 04:08.720]  And you chuck it on your sister
[04:08.720 --> 04:09.720]  You chuck it on that one
[04:09.720 --> 04:11.220]  And you chuck it on me
[04:11.220 --> 04:37.720]  Bad boys, bad boys, whatcha gonna do?
[04:41.220 --> 04:55.220]  It had a indication that what we at Rule of Law Radio are proposing that people do is
[04:55.220 --> 05:01.220]  may well be more effective than most people think
[05:01.220 --> 05:07.220]  We had Larry Wiest who does a show on Saturday
[05:07.220 --> 05:11.220]  Is it God and Guns?
[05:11.220 --> 05:13.220]  Yes, it's God and Guns, that's correct
[05:13.220 --> 05:15.220]  God and Guns
[05:15.220 --> 05:20.220]  Larry is kicking their butts
[05:20.220 --> 05:22.220]  He told me what happened
[05:22.220 --> 05:23.220]  I'm gonna let you tell the story Randy
[05:23.220 --> 05:25.220]  Because you're more involved with it
[05:25.220 --> 05:27.220]  I just got the summary
[05:27.220 --> 05:29.220]  But folks, let me tell you what
[05:29.220 --> 05:32.220]  This stuff works
[05:32.220 --> 05:34.220]  What we do works
[05:34.220 --> 05:37.220]  We have a success rate, we really do
[05:37.220 --> 05:40.220]  You just gotta keep plugging away at it
[05:40.220 --> 05:43.220]  But I am very impressed with Larry
[05:43.220 --> 05:52.220]  And what he has done in basically making the clerk do her job
[05:52.220 --> 05:54.220]  So Randy, why don't you tell them what happened?
[05:54.220 --> 05:56.220]  This is great, this is a great story
[05:56.220 --> 05:59.220]  Maybe I should try to get Larry on the tell it
[05:59.220 --> 06:02.220]  He said he would be on in the second half
[06:02.220 --> 06:07.220]  Okay great, why don't you give us a preview
[06:07.220 --> 06:12.220]  I've been doing this foreclosure thing for quite a while
[06:12.220 --> 06:18.220]  I like to think I'm a pretty smart feller
[06:18.220 --> 06:23.220]  And about the time I begin to think I'm pretty sharp
[06:23.220 --> 06:27.220]  Something comes along that reminds me of how stupid I really am
[06:27.220 --> 06:34.220]  I had a friend send me a copy of a letter
[06:34.220 --> 06:37.220]  Of a document filed in the county record in the state of Washington
[06:37.220 --> 06:45.220]  And what he said was that I'm the holder of a warranty deed on a certain property
[06:45.220 --> 06:47.220]  And granted a deed of trust
[06:47.220 --> 06:53.220]  And sent to the lender a debt validation letter
[06:53.220 --> 06:58.220]  And a debt validation letter under law
[06:58.220 --> 07:04.220]  Invokes a duty on the part of the lender to respond
[07:04.220 --> 07:07.220]  Well the lender failed to respond
[07:07.220 --> 07:15.220]  So the guy filed a notice in the record that the lender had defaulted on the deed of trust
[07:15.220 --> 07:19.220]  It rendered the deed of trust void and unenforceable
[07:19.220 --> 07:24.220]  And I read that and I thought moron
[07:24.220 --> 07:27.220]  What if you told a ten year old
[07:27.220 --> 07:34.220]  That dirty rascal he filed a notice of default against me in the county records
[07:34.220 --> 07:39.220]  The ten year old would say well why don't you file one against him
[07:39.220 --> 07:42.220]  Why did it take six years
[07:42.220 --> 07:45.220]  That was so obvious
[07:45.220 --> 07:49.220]  So we made up a notice of default
[07:49.220 --> 07:56.220]  Because in working this issue we stopped making accusations under consumer protection laws
[07:56.220 --> 08:02.220]  And we're making accusations of breaches of contract
[08:02.220 --> 08:03.220]  So that's a lot easier
[08:03.220 --> 08:07.220]  We're claiming that they breached the covenants of the deed of trust
[08:07.220 --> 08:10.220]  But it never occurred to me to file a notice of default
[08:10.220 --> 08:13.220]  So we made up some default letters
[08:13.220 --> 08:17.220]  And in looking at it from that perspective
[08:17.220 --> 08:22.220]  If you have MERS included in your deed of trust
[08:22.220 --> 08:24.220]  Or your mortgage
[08:24.220 --> 08:33.220]  The mortgage or deed of trust is a document that grants privileges to the lender
[08:33.220 --> 08:37.220]  In return for the lender
[08:37.220 --> 08:44.220]  Providing you with a warranty deed to your property or if you refinance with a certain amount of money
[08:44.220 --> 08:49.220]  There are privileges based on certain stipulations
[08:49.220 --> 08:52.220]  But if you have MERS in there
[08:52.220 --> 08:57.220]  The document also appoints MERS as an agent for the lender
[08:57.220 --> 09:02.220]  They call him a nominee but it means agent
[09:02.220 --> 09:08.220]  And we've been arguing that I can't appoint an agent for the lender
[09:08.220 --> 09:09.220]  The lender has to do that
[09:09.220 --> 09:13.220]  So we're arguing that MERS was never appointed
[09:13.220 --> 09:16.220]  So it didn't occur to me
[09:16.220 --> 09:17.220]  Wait a minute
[09:17.220 --> 09:23.220]  If in fact I did appoint MERS
[09:23.220 --> 09:25.220]  Then Bubba you're fired
[09:25.220 --> 09:28.220]  So we made up a letter firing MERS
[09:28.220 --> 09:36.220]  And we made up a letter that would void any appointments of substitute trustee
[09:36.220 --> 09:39.220]  Or assignments of deed of trust
[09:39.220 --> 09:41.220]  And we file all those in the record
[09:41.220 --> 09:43.220]  And the way this works is
[09:43.220 --> 09:50.220]  Is if you are one of those individuals or entities
[09:50.220 --> 09:53.220]  Commonly defined in law as a person
[09:53.220 --> 09:59.220]  Who is named in documents in the record
[09:59.220 --> 10:04.220]  Granting you authority to file documents affecting title
[10:04.220 --> 10:10.220]  Then the documents you file are presumed to be valid
[10:10.220 --> 10:15.220]  If you're not 13.001
[10:15.220 --> 10:17.220]  I'm sorry
[10:17.220 --> 10:22.220]  Government code 51901
[10:22.220 --> 10:25.220]  901 through 903
[10:25.220 --> 10:29.220]  In the government code those are the very last ones in there
[10:29.220 --> 10:33.220]  Under public officials
[10:33.220 --> 10:36.220]  And they go to the county clerk
[10:36.220 --> 10:40.220]  And they go to the filing of documents in the county record
[10:40.220 --> 10:46.220]  And they were put in as a response to the Republic of Texas
[10:46.220 --> 10:51.220]  And these people following the commercial process
[10:51.220 --> 10:56.220]  Who were filing liens in the county record
[10:56.220 --> 11:02.220]  And what the 51901 says that any document
[11:02.220 --> 11:07.220]  Filed in the county record that affects a lien
[11:07.220 --> 11:15.220]  That is filed by someone who is not authorized by documents in the record
[11:15.220 --> 11:22.220]  To file documents affecting the title of a property
[11:22.220 --> 11:27.220]  Those documents are presumed to be fraudulent
[11:27.220 --> 11:30.220]  But if you like in this case
[11:30.220 --> 11:33.220]  The one doing the filing is holder of the warranty deed
[11:33.220 --> 11:37.220]  And that warranty deed gives them that authority
[11:37.220 --> 11:39.220]  So we filed all these documents
[11:39.220 --> 11:42.220]  And therefore by law
[11:42.220 --> 11:46.220]  These documents are presumed to be valid
[11:46.220 --> 11:49.220]  And they will remain valid
[11:49.220 --> 11:54.220]  Until someone with authority to challenge them
[11:54.220 --> 11:57.220]  Does so through trespass to try title
[11:57.220 --> 12:01.220]  As trespass to try title in Texas
[12:01.220 --> 12:04.220]  In other states it may be called something else
[12:04.220 --> 12:07.220]  Most likely petition for quiet title
[12:07.220 --> 12:10.220]  Or petition for declaratory judgment
[12:10.220 --> 12:15.220]  So until it's challenged it's presumed to be valid
[12:15.220 --> 12:20.220]  So we gave a stack of these letters to Larry
[12:20.220 --> 12:23.220]  And he went down to the clerk to file them
[12:23.220 --> 12:26.220]  And the clerk looked at them and said that these were not normal
[12:26.220 --> 12:30.220]  These did not look like the documents that the bank filed
[12:30.220 --> 12:32.220]  So he couldn't file them
[12:32.220 --> 12:37.220]  And Larry was not pleased with that
[12:37.220 --> 12:40.220]  And apparently they were pretty dismissive and arrogant
[12:40.220 --> 12:43.220]  So he called me and asked me what to do
[12:43.220 --> 12:46.220]  And I told him, well, go to the sheriff's department
[12:46.220 --> 12:49.220]  And file official oppression charges against him
[12:49.220 --> 12:55.220]  So he went home and dug up the statutes that he needed
[12:55.220 --> 12:58.220]  Went down to the sheriff's office
[12:58.220 --> 13:03.220]  And made a complaint of official oppression
[13:03.220 --> 13:07.220]  For failing to perform a duty they were required to perform and gave him the laws
[13:07.220 --> 13:12.220]  And the sheriff's department took his documentation, looked at it
[13:12.220 --> 13:17.220]  And actually read the statutes
[13:17.220 --> 13:22.220]  And gave the complaints to an investigator
[13:22.220 --> 13:26.220]  Yeah, Randy, let me just interject something here
[13:26.220 --> 13:32.220]  Larry was telling me that he printed out the statutes
[13:32.220 --> 13:37.220]  And brought them with him to the sheriff's department
[13:37.220 --> 13:39.220]  And the sheriff was reading them
[13:39.220 --> 13:42.220]  Or it was probably a deputy he was talking to
[13:42.220 --> 13:46.220]  And the sheriff said, he really, he took it seriously
[13:46.220 --> 13:51.220]  And the sheriff's deputy said, can I make a copy of these?
[13:51.220 --> 13:54.220]  And Larry's like, sure
[13:54.220 --> 13:58.220]  So I was pretty impressed, really
[13:58.220 --> 14:06.220]  Well, you have to remember that Johnson County is where I went to the sheriff's department
[14:06.220 --> 14:09.220]  And asked to see the morning arraignment hearing
[14:09.220 --> 14:12.220]  Or the morning magistration hearing
[14:12.220 --> 14:16.220]  And they told me, well, you can't see that because it's held deep in the jail
[14:16.220 --> 14:18.220]  And you'd be a security risk
[14:18.220 --> 14:21.220]  And I told them, oh, that's okay, hold it somewhere else
[14:21.220 --> 14:23.220]  I want to watch
[14:23.220 --> 14:31.220]  And the deputy asked me, Mr. Kelton, do you mind if I ask why you want to see this hearing?
[14:31.220 --> 14:34.220]  Oh, no, I don't mind at all, go ahead and ask
[14:34.220 --> 14:40.220]  He stood there a minute and he said, well, Mr. Kelton, why do you want to see this hearing?
[14:40.220 --> 14:42.220]  Now, he was smart
[14:42.220 --> 14:45.220]  He asked me if he could ask
[14:45.220 --> 14:52.220]  Otherwise, without permission, since this was a public hearing, he couldn't ask me that
[14:52.220 --> 14:56.220]  So I said, he asked me, Mr. Kelton, why do you want to see this hearing?
[14:56.220 --> 14:59.220]  I said, entertainment
[14:59.220 --> 15:03.220]  He stood there and looked at me a minute
[15:03.220 --> 15:05.220]  Entertainment? Yeah, yeah, yeah
[15:05.220 --> 15:07.220]  That's my form of entertainment
[15:07.220 --> 15:14.220]  And he stood there looking at me with this look on his face that said, so you're not going to tell me, huh?
[15:14.220 --> 15:18.220]  And I looked back with this look that said, no, I'm not
[15:18.220 --> 15:28.220]  Well, he went and talked to the judge and came out and said the judge said that it was her courtroom and I was not going to be allowed in it
[15:28.220 --> 15:34.220]  I said, Lieutenant, you need to inform that magistrate that she is mistaken
[15:34.220 --> 15:37.220]  It is not her courtroom
[15:37.220 --> 15:42.220]  It is my courtroom and I very generously allow her to administer it according to my law
[15:42.220 --> 15:44.220]  Now go back there and arrest her
[15:44.220 --> 15:49.220]  And we did the song and dance, I can't arrest her, sure you can, just go throw the cuffs on her
[15:49.220 --> 15:54.220]  Heck, you don't have far to go, she's to get her to jail, heck, she's already in one
[15:54.220 --> 15:58.220]  She's already in one
[15:58.220 --> 16:07.220]  So I told him, I said, well, that's okay, but you have to know, Lieutenant, I do appreciate your professionalism and your courtesy
[16:07.220 --> 16:15.220]  So I feel like I owe it to you to tell you that I'm likely to be filing some really ugly sounding criminal complaints against you
[16:15.220 --> 16:17.220]  But don't take it personal
[16:17.220 --> 16:20.220]  He said, you're filing criminal charges against me and you don't want me to take it personal?
[16:20.220 --> 16:23.220]  No, don't take it personal because I'm not after you
[16:23.220 --> 16:25.220]  You're not after me? Then who are you after?
[16:25.220 --> 16:28.220]  Oh, I'm after the district judge
[16:28.220 --> 16:32.220]  You're after the district judge and you're filing criminal charges against me? Why me?
[16:32.220 --> 16:37.220]  Oh, well, you were convenient
[16:37.220 --> 16:44.220]  So he's standing there looking at me thinking, this guy's going to end my career because I'm convenient?
[16:44.220 --> 16:46.220]  He don't even care about me
[16:46.220 --> 16:48.220]  So how do I reason with him?
[16:48.220 --> 16:50.220]  Okay, hang on, we'll pick this up when we come back
[16:50.220 --> 16:55.220]  This is Randy Calton, Deborah Stevens, Rule of Law Radio, our call-in number
[16:55.220 --> 17:02.220]  912-646-1984, we'll be right back
[17:26.220 --> 17:31.220]  I want to know for sure
[17:31.220 --> 17:36.220]  So come on, neutrify me
[17:36.220 --> 17:39.220]  I love you
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[17:56.220 --> 18:25.220]  Go to logosradionetwork.com and click the longevity banner
[18:26.220 --> 18:28.220]  How to answer letters and phone calls
[18:28.220 --> 18:30.220]  How to get debt collectors out of your credit report
[18:30.220 --> 18:35.220]  How to turn the financial tables on them and make them pay you to go away
[18:35.220 --> 18:40.220]  The Michael Meris Proven Method is the solution for how to stop debt collectors
[18:40.220 --> 18:42.220]  Personal consultation is available as well
[18:42.220 --> 18:48.220]  For more information, please visit RuleOfLawRadio.com and click on the blue Michael Meris banner
[18:48.220 --> 18:51.220]  Or email MichaelMeris at Yahoo.com
[18:51.220 --> 18:59.220]  That's RuleOfLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.com
[18:59.220 --> 19:02.220]  To learn how to stop debt collectors now
[19:02.220 --> 19:24.220]  You are listening to the Logos Radio Network, LogosRadioNetwork.com
[19:24.220 --> 19:34.220]  Look what we got, we asked the question, I wonder what they're hiding, they don't have the answer
[19:34.220 --> 19:44.220]  I know they're not abiding, we asked the question, look what we got, they don't have the answer
[19:44.220 --> 19:55.220]  Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio
[19:55.220 --> 19:59.220]  And I am going somewhere with this story, there's a real good reason for it
[19:59.220 --> 20:08.220]  This turned into a big deal, I filed criminal complaints against the judge with the district attorney
[20:08.220 --> 20:10.220]  I never did file against that officer
[20:10.220 --> 20:14.220]  And only because it wasn't necessary
[20:14.220 --> 20:17.220]  I sent complaints to the district attorney and they refused to act
[20:17.220 --> 20:23.220]  So I mailed a set of complaints to the district attorney's office addressed to the grand jury
[20:23.220 --> 20:30.220]  And the assistant district attorney called me and her name was Lisa Wyatt
[20:30.220 --> 20:36.220]  And she said, Mr. Kelton, you really need to file these complaints with the sheriff's department
[20:36.220 --> 20:45.220]  And I said, no, I'm going to file them with the grand jury, the only thing you get to do is decide if you're going to interfere with me in the process or not
[20:45.220 --> 20:52.220]  A week later she called me back and said, Mr. Kelton, I filed your complaints with the sheriff's department
[20:52.220 --> 20:58.220]  He sent them back saying he couldn't do anything with them because there were complaints against him in there
[20:58.220 --> 21:01.220]  And there was a complaint against his officer
[21:01.220 --> 21:06.220]  It was just an accusation, it wasn't a verified complaint
[21:06.220 --> 21:12.220]  She said, Mr. Kelton, I get the impression you planned this this way
[21:12.220 --> 21:17.220]  I said, Ms. Wyatt, I am impressed, you're very astute
[21:17.220 --> 21:20.220]  I hope you don't think this is my first rodeo
[21:20.220 --> 21:24.220]  And she said, no, Mr. Kelton, somehow I don't think it is
[21:24.220 --> 21:29.220]  Well, I wound up going down just the way I suggest people do
[21:29.220 --> 21:40.220]  Going down to the grand jury when they were meeting and handing a set of complaints to the bailiff
[21:40.220 --> 21:43.220]  Well, the first time I did that, they didn't get to the grand jury
[21:43.220 --> 21:51.220]  So the next time they met, when the grand jury finishes, they convene a hearing
[21:51.220 --> 21:57.220]  And the foreman reads the fact of all the indictments, true bills and no bills onto the record
[21:57.220 --> 22:07.220]  And the clerk makes notations in the minutes of the court in accordance with 20.22 Texas Code of Criminal Procedure
[22:07.220 --> 22:08.220]  Well, they had this hearing
[22:08.220 --> 22:14.220]  And nobody's in the courtroom but the prosecutor, the judge, the grand jury and me
[22:14.220 --> 22:27.220]  And the foreman reads the fact of the indictments onto the record and the judge said to the foreman
[22:27.220 --> 22:29.220]  Does the grand jury have any further business?
[22:29.220 --> 22:32.220]  And the foreman said, no, Your Honor, I do not
[22:32.220 --> 22:36.220]  And I stood up in the courtroom and said, yes, you do
[22:36.220 --> 22:39.220]  And the judge turned to me and said, well, who are you?
[22:39.220 --> 22:40.220]  I said, I'm Randall Kelton
[22:40.220 --> 22:43.220]  What business do you have with this court, with this grand jury?
[22:43.220 --> 22:49.220]  At that point, I could have told the judge that I have business with this grand jury and it's none of yours
[22:49.220 --> 22:51.220]  But I had plans for him
[22:51.220 --> 22:54.220]  I told him I have criminal complaints against some public officials
[22:54.220 --> 22:57.220]  And he said, well, what officials are those?
[22:57.220 --> 23:05.220]  And prosecutor and Lisa Wyatt and the elected district attorney are sitting there squirming in their chairs
[23:05.220 --> 23:07.220]  They know why I'm there
[23:07.220 --> 23:11.220]  I said, well, I have complaints against this district attorney here
[23:11.220 --> 23:17.220]  And this assistant district attorney and you judge
[23:17.220 --> 23:26.220]  And that was the look on the judge's face when I bushwhacked him in front of his own grand jury was absolutely priceless
[23:26.220 --> 23:33.220]  Well, because of that and a few more things I won't, so long story won't go into all of them
[23:33.220 --> 23:39.220]  But I wound up actually presenting the district attorney to the grand jury
[23:39.220 --> 23:46.220]  He did not get indicted as was never my intention in the first place
[23:46.220 --> 23:55.220]  However, about six months later, a friend of mine was down there having an issue over a piece of equipment the sheriff had confiscated
[23:55.220 --> 24:00.220]  And he was there to present complaints to the grand jury
[24:00.220 --> 24:02.220]  And they were giving him a song and dance
[24:02.220 --> 24:04.220]  And he called me and asked what to do
[24:04.220 --> 24:10.220]  And while he's talking to me, I hear Lisa Wyatt in the background saying, is Randy Kelton here?
[24:10.220 --> 24:12.220]  I hear Randy Kelton's in the building
[24:12.220 --> 24:18.220]  And Steve turned to her and said, no, he's not in the building, but he's on the phone, you want to talk to him?
[24:18.220 --> 24:20.220]  No!
[24:20.220 --> 24:24.220]  He said she whirled around and stomped out of the room
[24:24.220 --> 24:28.220]  Five minutes later, they came back and took him down to the grand jury
[24:28.220 --> 24:38.220]  And he went in and presented his complaints against three judges and two, I'm sorry, two judges, a bailiff and two sheriff's deputies
[24:38.220 --> 24:40.220]  They took him right into the grand jury
[24:40.220 --> 24:46.220]  So now, Larry calls me and I tell him what to do
[24:46.220 --> 24:50.220]  He goes down there, he tells me he went to file, give him these documents to file
[24:50.220 --> 24:55.220]  The clerk won't take them, so he calls me, I tell him, I'll go file a complaint with the sheriff
[24:55.220 --> 24:59.220]  He takes them to the sheriff in Johnson County
[24:59.220 --> 25:05.220]  And they give him no nonsense of any kind
[25:05.220 --> 25:13.220]  They take those complaints immediately, the deputy told him we will assign this to an investigator today
[25:13.220 --> 25:31.220]  Yeah, and I find that quite amazing really because there is nothing in statute that directs a sheriff or sheriff's deputy or police officer to accept a criminal complaint or act upon it whatsoever
[25:31.220 --> 25:33.220]  They can all throw them in the trash
[25:33.220 --> 25:43.220]  The only thing in law that assigns a duty to dealing with a criminal complaint or accepting the filing of a criminal complaint
[25:43.220 --> 25:50.220]  It has to do with magistrates have to, that is their duty to accept criminal complaints
[25:50.220 --> 25:58.220]  And a district attorney has to accept it and reduce it to an information and submit it to a grand jury if the complaint is against a public servant
[25:58.220 --> 26:01.220]  And then also grand juries
[26:01.220 --> 26:12.220]  But nothing directs or assigns a duty to accepting the filing of a criminal complaint or acting upon it to law enforcement, not even elected law enforcement
[26:12.220 --> 26:18.220]  So I found this quite striking and Randy, I was going to ask you a couple of questions
[26:18.220 --> 26:30.220]  Number one, in your experience with Johnson County, you were mainly raking the DA and the assistant DA and this judge over the Coles
[26:30.220 --> 26:39.220]  But if I'm getting this right from what you said, you weren't really going after the sheriff or the sheriff's deputy
[26:39.220 --> 26:50.220]  So why would the sheriff and the sheriff's deputy in this situation with Larry, why would they be affected by this?
[26:50.220 --> 26:58.220]  I guess probably because they're afraid that if they don't do what Larry wanted them to that the judge is going to get mad at them
[26:58.220 --> 27:00.220]  The district judge is going to get mad at them
[27:00.220 --> 27:06.220]  Well I suspect that after I presented the district attorney to the grand jury
[27:06.220 --> 27:13.220]  And he had to wonder whether or not he was going to get indicted and thrown out of office
[27:13.220 --> 27:20.220]  That he sent out a memo and said this kind of nonsense is not going to happen to me again
[27:20.220 --> 27:31.220]  If you get a complaint against a public official from a citizen, you take that complaint and you get that thing to me
[27:31.220 --> 27:34.220]  Because he nearly lost his job
[27:34.220 --> 27:44.220]  So they were, you know, I really gave them a tough time and I'm sure they did not want anything like that to happen again
[27:44.220 --> 27:53.220]  Now Randy, here's the second question I have for you. Why did you send Larry to the sheriff instead of the district attorney here?
[27:53.220 --> 27:58.220]  Because this goes to picking your fights
[27:58.220 --> 28:05.220]  Here we were trying to get these documents filed. We did not need to get in a fight with the county
[28:05.220 --> 28:08.220]  You weren't trying to stir up the tar baby in other words on this one
[28:08.220 --> 28:14.220]  No, no, we weren't trying to get them set up. What we wanted, this is what I told Larry
[28:14.220 --> 28:22.220]  If you go to the sheriff and you make these complaints, the sheriff is going to have to have plausible deniability
[28:22.220 --> 28:27.220]  So what he'll do is take your complaint and he'll have somebody call the clerk and say
[28:27.220 --> 28:33.220]  Hey, I got a guy down here that's trying to get me to take criminal complaints against you
[28:33.220 --> 28:38.220]  You want to kind of explain to me what's going on here?
[28:38.220 --> 28:44.220]  And that would act as a serious big time red flag to the clerk
[28:44.220 --> 28:50.220]  And then the clerk would get on the ball and set their arrogance aside
[28:50.220 --> 28:56.220]  And I told Larry to expect a call from the clerk telling you to come back down and file these documents
[28:56.220 --> 29:06.220]  But just to make sure, I had him construct a tort letter to the judge of the commissioners court
[29:06.220 --> 29:14.220]  Notifying them that he had made an attempt to file documents in the record concerning his property
[29:14.220 --> 29:19.220]  And the clerks had denied him access to the public record
[29:19.220 --> 29:31.220]  Now, if his property is subsequently sold at a wrongful foreclosure, the county will be liable for his loss
[29:31.220 --> 29:40.220]  So when you start talking money, everybody gets excited, so I expect the clerk had people calling her from all sides
[29:40.220 --> 29:44.220]  And he really got her attention
[29:44.220 --> 29:49.220]  Okay, we'll finish this up and start taking calls when we come back on the other side
[29:49.220 --> 29:54.220]  Paul in Mississippi, Christopher in Pennsylvania, Johnny in Texas, I see you there
[29:54.220 --> 30:00.220]  We'll pick you up when we come back or call in number 512-646-1984
[30:07.220 --> 30:11.220]  Forget the tanning booths, hours in the sun, and instant tan lotions
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[30:35.220 --> 30:38.220]  Privacy, it's worth hanging on to
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[33:27.220 --> 33:56.220]  Okay, folks, we are back. This is the rule of law, June 27
[33:56.220 --> 34:03.220]  And we are here discussing, basically we're crowing up on Larry's behalf
[34:03.220 --> 34:17.220]  So, Randy, I had a couple of questions, I had a question here about this tort letter that Larry sent to the head judge on the county commissioner's court
[34:17.220 --> 34:27.220]  Now, I'm pretty sure I already know the answer, but I just want you to clarify and expound for the sake of our listeners and to make sure that I understand fully
[34:27.220 --> 34:37.220]  Typically, you don't want to send letters to the judge because that could be considered ex parte communication and stuff like that
[34:37.220 --> 34:50.220]  But this was the judge on the county commissioner's court and so I guess my question is, is it because it's the county commissioner's that it's okay to send them a letter
[34:50.220 --> 34:57.220]  Or is it because it's just a different, or is it just because it's a different court that it's okay to send the letter
[34:57.220 --> 35:02.220]  No, county commissioner's is not really a court
[35:02.220 --> 35:06.220]  Okay, so is he really a judge then?
[35:06.220 --> 35:07.220]  No, no
[35:07.220 --> 35:09.220]  Then why do they call him a judge?
[35:09.220 --> 35:17.220]  He's the county judge, there is a county judge at law, that's the one that has the judicial power
[35:17.220 --> 35:26.220]  The county judge just presides over the county commissioner's court, he's kind of like the county mayor
[35:26.220 --> 35:37.220]  If you think of him in those terms, but that's all his position amounts to as concerns of being a judge
[35:37.220 --> 35:50.220]  Okay, so are you saying that this judge that is like presiding over the commissioners, he is the county judge at law so he also
[35:50.220 --> 35:51.220]  No, no
[35:51.220 --> 35:52.220]  Okay
[35:52.220 --> 35:54.220]  He's a county judge
[35:54.220 --> 35:55.220]  He's a county judge
[35:55.220 --> 36:05.220]  One, the judge that's elected to enforce the criminal and civil that holds court and has judicial power, that's the county judge at law
[36:05.220 --> 36:09.220]  Okay, so it's different, two totally different things
[36:09.220 --> 36:12.220]  Yeah, it's absolutely confusing
[36:12.220 --> 36:19.220]  So when they say the head judge of the county commissioner's court, he's not really a judge
[36:19.220 --> 36:30.220]  No, it's just a kind of an honorary position, he would be like calling him the mayor of Austin
[36:30.220 --> 36:32.220]  Then why do they call him a judge?
[36:32.220 --> 36:35.220]  I don't know why they did that, it made things confusing
[36:35.220 --> 36:37.220]  Yes, it makes it very confusing
[36:37.220 --> 36:42.220]  There was another question you wanted to ask and you both forgot it
[36:42.220 --> 36:54.220]  No, I remember what it is, so that's a moot point then, so it's a moot point because it's not really a judge, but in general you don't want to write real judge's letters
[36:54.220 --> 37:05.220]  Even if there's not a case, it's just not the appropriate thing to do, you address the court directly as an entity
[37:05.220 --> 37:13.220]  And so you would file documents with the clerk of the court, you don't have communication directly with a judge
[37:13.220 --> 37:15.220]  Okay, so the second question
[37:15.220 --> 37:17.220]  Let me expound a little bit on that
[37:17.220 --> 37:18.220]  Okay, go ahead
[37:18.220 --> 37:28.220]  You can talk to the judge about court matters, not about a case, but you could contact the judge and say
[37:28.220 --> 37:35.220]  You know, one of your seats out there and he's breaking down and got a splinter in my behind, get somebody to fix it
[37:35.220 --> 37:47.220]  Or if you have a problem with someone in the courthouse that the judge oversees, you can talk to him about administrative things
[37:47.220 --> 37:55.220]  Like I'm calling judges now trying to find out who the smartest lawyers that come before them are
[37:55.220 --> 38:01.220]  And the first thing they tell me is they can't recommend a lawyer, and I say, no, no, I don't have a case
[38:01.220 --> 38:08.220]  I said, I need a lawyer to do something that's not really about law, it's about something else, and I'm trying to find the smartest one
[38:08.220 --> 38:14.220]  You know, you can talk to them about that, as long as it doesn't compromise the case that they're in
[38:14.220 --> 38:21.220]  However, it's best to always go through the judge's coordinator and let her run interference
[38:21.220 --> 38:31.220]  Okay, with that said, there was another question you had on break about why the sheriff instead of the district attorney or someone else
[38:31.220 --> 38:38.220]  And the reason for that is we wanted to pick our battles very carefully
[38:38.220 --> 38:42.220]  In this case, we didn't want to fight with Johnson County
[38:42.220 --> 38:46.220]  All we wanted was these documents filed
[38:46.220 --> 38:51.220]  So we look at the best way to get this done, the prosecutor would have caused a fight
[38:51.220 --> 38:57.220]  Because he wouldn't want to take complaints against the clerk
[38:57.220 --> 39:10.220]  Because then he would have, we would have affected, we would have, I've lost the term, invoked his duty
[39:10.220 --> 39:13.220]  We didn't want to invoke any duties
[39:13.220 --> 39:22.220]  So we go to the sheriff and complain as opposed to filing a verified criminal affidavit
[39:22.220 --> 39:27.220]  So he went down there with his information and complained
[39:27.220 --> 39:34.220]  Now this doesn't invoke a specific duty, as you clearly said earlier on the part of the sheriff
[39:34.220 --> 39:44.220]  But we know what the sheriff is going to do, you know, he has to cover his behind to make sure there's not something serious going on that he's missing
[39:44.220 --> 39:53.220]  So what he's going to do is have somebody call down there and say, hey guy, I got somebody down here who's trying to get me to arrest you
[39:53.220 --> 39:56.220]  You want to tell me what this is all about?
[39:56.220 --> 40:03.220]  Because you have to remember the sheriff and all these deputies deal with these clerks all the time so they all know one another
[40:03.220 --> 40:09.220]  So they're going to call them and say, what is going on here? This guy's trying to get me to take a criminal complaint and arrest you
[40:09.220 --> 40:15.220]  And we figured that, you know, this would get the clerk's attention
[40:15.220 --> 40:22.220]  But since the sheriff and the clerks are pretty closely tied, we, you know, kind of thought about it
[40:22.220 --> 40:25.220]  And I said, well, maybe we need a little insurance
[40:25.220 --> 40:28.220]  So that's why we asked him to do the tort letter
[40:28.220 --> 40:32.220]  It's like chicken soup, it couldn't hurt anything
[40:32.220 --> 40:37.220]  No, I think that it was, I think it was very, I think it's very effective
[40:37.220 --> 40:44.220]  I think the combination of civil action or, you know, tort letters or even filing lawsuits if necessary combined with a criminal
[40:44.220 --> 40:47.220]  I think it's a wonderful two-pronged approach
[40:47.220 --> 40:50.220]  Now, I did have one comment before we go to the calls
[40:50.220 --> 40:58.220]  All right, here is one of my concerns about this situation in general
[40:58.220 --> 41:05.220]  Okay, because of your history of raking, you know, the district attorney and assistant district attorney and this judge over the calls
[41:05.220 --> 41:11.220]  This sheriff is paying attention to what's going on here with Larry and taking it seriously and all of that
[41:11.220 --> 41:20.220]  All right, and as a result, mission accomplished, the documents got filed, the district clerk called up Larry and said, come on down
[41:20.220 --> 41:29.220]  Okay, thanks Randy, the district clerk called him up and said, come on down and file the documents
[41:29.220 --> 41:31.220]  All right, documents filed, mission accomplished
[41:31.220 --> 41:41.220]  But here's my concern, she, this clerk, all right, she may have told the line this time now because of what Larry did
[41:41.220 --> 41:49.220]  But she's going to get right back up on her arrogant high horse and get all uppity again
[41:49.220 --> 41:57.220]  Immediately for the next person that walks up to her that tries to file something that she thinks doesn't look quite right
[41:57.220 --> 42:06.220]  And so my concern is if the next guy or girl that comes along doesn't know what to do
[42:06.220 --> 42:11.220]  Well, then she's just going to keep victimizing people that come up
[42:11.220 --> 42:18.220]  And so here's my proposal, this is a postulation here
[42:18.220 --> 42:26.220]  All right, I think that at some point, even if we get mission accomplished, the document filed
[42:26.220 --> 42:32.220]  As you always say, Randy, guess what? The bell has already been rung
[42:32.220 --> 42:34.220]  You can't unring the bell
[42:34.220 --> 42:45.220]  She already denied Larry access to the court and already committed official oppression by not letting him file the documents two days ago or yesterday or whatever it was
[42:45.220 --> 42:51.220]  And I think at some point we're going to have to just go after these clerks anyway
[42:51.220 --> 42:56.220]  Even though they say, oh, okay, okay, never mind, never mind, I'll file the document
[42:56.220 --> 43:00.220]  Because I think at some point we're going to have to start making examples out of these people
[43:00.220 --> 43:06.220]  And costing them their jobs or possibly even getting prosecuted or pulled up in front of a grand jury
[43:06.220 --> 43:14.220]  Even if they don't get indicted so that they won't do it to another victim who may not listen to this radio show
[43:14.220 --> 43:19.220]  And who may not know how to handle the situation by filing criminal charges, etc.
[43:19.220 --> 43:24.220]  Do you see what I'm saying, Randy? I think it's time that we start taking the next step here
[43:24.220 --> 43:30.220]  I agree that we need more than just this
[43:30.220 --> 43:36.220]  But in this case, that wasn't the fight that was the most important at the moment
[43:36.220 --> 43:38.220]  I realize that
[43:38.220 --> 43:44.220]  And we will, you know, this is what our show is about
[43:44.220 --> 43:47.220]  Look, there's a two year statute of limitations
[43:47.220 --> 43:50.220]  And so after Larry gets out from underneath all of this
[43:50.220 --> 43:54.220]  He can always go back after this clerk again in a few months or a year or so
[43:54.220 --> 43:57.220]  Alright, listen folks, we will be right back and we'll take your calls
[43:57.220 --> 43:58.220]  This is the rule of law
[44:03.220 --> 44:06.220]  Mr. President, members of Congress
[44:06.220 --> 44:10.220]  You've been making a lot of noise about taking our guns away
[44:10.220 --> 44:12.220]  But you might want to review history
[44:12.220 --> 44:16.220]  1835, Gonzales, Texas territory
[44:16.220 --> 44:21.220]  The authorities wanted to confiscate the big gun that protected that colony
[44:21.220 --> 44:23.220]  You know what the people said?
[44:23.220 --> 44:25.220]  Come and take it
[44:25.220 --> 44:27.220]  Because they were willing to fight
[44:27.220 --> 44:29.220]  For their freedom
[44:29.220 --> 44:31.220]  And their guns
[44:31.220 --> 44:32.220]  So are we
[44:32.220 --> 44:38.220]  Come and take it if you want it Come and take it if you think you can
[44:38.220 --> 44:41.220]  Come and take it, but I warn you
[44:41.220 --> 44:44.220]  You'll have to pry it from our cold dead hands
[44:44.220 --> 44:48.220]  We want the freedom that God gave us
[44:48.220 --> 44:51.220]  So you best not cross that line
[44:51.220 --> 44:56.220]  If you want this gun, you gotta come through us and take it
[44:56.220 --> 44:58.220]  One shot at a time
[44:58.220 --> 45:00.220]  Just like Gonzales
[45:00.220 --> 45:02.220]  We're keeping our guns
[45:30.220 --> 45:33.220]  A jurisdictionary was created by a licensed attorney
[45:33.220 --> 45:36.220]  With 22 years of case winning experience
[45:36.220 --> 45:38.220]  Even if you're not in a lawsuit
[45:38.220 --> 45:41.220]  You can learn what everyone should understand
[45:41.220 --> 45:45.220]  About the principles and practices that control our American courts
[45:45.220 --> 45:50.220]  You'll receive our audio classroom, video seminar, tutorials
[45:50.220 --> 45:54.220]  Forms for civil cases, pro se tactics, and much more
[45:54.220 --> 45:57.220]  Please visit RuleOfLawRadio.com
[45:57.220 --> 46:03.220]  And click on the banner or call toll free 866-LAW-EASY
[46:22.220 --> 46:24.220]  Okay folks, we are back
[46:24.220 --> 46:28.220]  This is the rule of law, Randy Kelton, Deborah Stevens, Eddie Craig
[46:28.220 --> 46:32.220]  Eddie is on the air on Monday nights
[46:32.220 --> 46:36.220]  Dedicated to traffic and other issues that he handles
[46:36.220 --> 46:40.220]  And we are going to go to your calls now
[46:40.220 --> 46:42.220]  We've got Paul from Mississippi
[46:42.220 --> 46:44.220]  Paul, thank you for calling in
[46:44.220 --> 46:46.220]  What is your question or comment for us tonight?
[46:46.220 --> 46:51.220]  Well Deborah, I know that this topic is really going to strike a chord with you
[46:51.220 --> 46:54.220]  It involves a dog roaming the neighborhood
[46:54.220 --> 46:59.220]  I witnessed my neighbor shoot my other neighbor's dog
[46:59.220 --> 47:02.220]  About two months ago
[47:02.220 --> 47:04.220]  And went to court today
[47:04.220 --> 47:05.220]  I was a witness
[47:05.220 --> 47:09.220]  I responded to a subpoena to appear in court today
[47:09.220 --> 47:13.220]  And we sat in court and waited and waited
[47:13.220 --> 47:19.220]  To be called to testify whatever the judge needed us to do
[47:19.220 --> 47:21.220]  And they never called us
[47:21.220 --> 47:24.220]  Towards the end, we sat there for about three hours
[47:24.220 --> 47:29.220]  And the clerk asked if we hadn't been called to step forward
[47:29.220 --> 47:33.220]  And come talk to the clerk and see what was going on
[47:33.220 --> 47:39.220]  And we found out that there never was going to be anything to do with our trial today
[47:39.220 --> 47:42.220]  Because there had been a continuance
[47:42.220 --> 47:46.220]  And I work away from home
[47:46.220 --> 47:49.220]  I drove home, a three hour drive
[47:49.220 --> 47:54.220]  And missed an entire day's work only to find out that
[47:54.220 --> 48:00.220]  There were some documents in the court file that
[48:00.220 --> 48:05.220]  There was a continuance and we were never notified
[48:05.220 --> 48:08.220]  After sitting in court for three hours
[48:08.220 --> 48:12.220]  We found out that there never was going to be
[48:12.220 --> 48:15.220]  Okay, well Paul, let me ask you something
[48:15.220 --> 48:21.220]  If you were a witness, were you subpoenaed by the state
[48:21.220 --> 48:27.220]  Or by the defendant in this case to be a witness
[48:27.220 --> 48:34.220]  Or were you going there voluntarily at someone's request to be a witness?
[48:34.220 --> 48:37.220]  The justice court judge subpoenaed me
[48:37.220 --> 48:40.220]  The justice court judge subpoenaed you
[48:40.220 --> 48:44.220]  Somebody would have had to petition for that subpoena
[48:44.220 --> 48:46.220]  Do you know who?
[48:46.220 --> 48:50.220]  Okay, well wait, if the judge subpoenaed
[48:50.220 --> 48:54.220]  And he knew you weren't going to have court
[48:54.220 --> 48:57.220]  Send the court to be for your time
[48:57.220 --> 48:59.220]  Yeah, that's what I was going to say
[48:59.220 --> 49:01.220]  You'll love this
[49:01.220 --> 49:08.220]  The way I found out, we were given the new date
[49:08.220 --> 49:10.220]  And I told the clerk in court
[49:10.220 --> 49:13.220]  I said, well I need something to prove that I was here today
[49:13.220 --> 49:17.220]  I said, go down to the front office, to the justice court office
[49:17.220 --> 49:20.220]  And they'll give you something saying that you were here today
[49:20.220 --> 49:21.220]  And she did
[49:21.220 --> 49:26.220]  And I said, while I was there, I said, I also need a certified copy of this case
[49:26.220 --> 49:29.220]  Oh no, oh no, the judge should not
[49:29.220 --> 49:32.220]  And they didn't want the two different clerks
[49:32.220 --> 49:34.220]  Said no, no, you'll have to go see the judge
[49:34.220 --> 49:38.220]  So they instructed me to go back in the court
[49:38.220 --> 49:41.220]  So I walked back in court and sat
[49:41.220 --> 49:47.220]  And they were trying to clear the courtroom because they had a couple of trials, I guess
[49:47.220 --> 49:50.220]  And they said anybody hadn't seen the judge yet
[49:50.220 --> 49:52.220]  So I walked up again
[49:52.220 --> 49:57.220]  And I said, well I drove three hours and I lost a day's work
[49:57.220 --> 50:02.220]  And I want a certified copy of this case
[50:02.220 --> 50:06.220]  And the judge in open court said, well why do you want to see that?
[50:06.220 --> 50:10.220]  And I said, well I lost a day's work
[50:10.220 --> 50:16.220]  And I understand that she didn't have a right to ask me why I wanted to see that
[50:16.220 --> 50:20.220]  And I wanted to instruct the bailiff to drag her down off
[50:20.220 --> 50:23.220]  And escort her out in handcuffs
[50:23.220 --> 50:25.220]  But I was a little frightened
[50:25.220 --> 50:27.220]  Well the clerk didn't have
[50:27.220 --> 50:29.220]  That's okay, you don't have to do that
[50:29.220 --> 50:36.220]  Yeah, these clerks did not have the authority to deny you access to the court records either
[50:36.220 --> 50:38.220]  That's official oppression right there
[50:38.220 --> 50:44.220]  Well not only did the clerks deny it, but the judge denied me these records in open court
[50:44.220 --> 50:49.220]  And forgive me, it was a district attorney or the prosecuting attorney was standing right there
[50:49.220 --> 50:52.220]  And I asked the judge point blank in open court
[50:52.220 --> 50:54.220]  Can I have these certified records?
[50:54.220 --> 50:59.220]  And she looked at this attorney standing there in front of her
[50:59.220 --> 51:02.220]  And you could tell that he knew what was going on
[51:02.220 --> 51:05.220]  Yeah, that is a big no-no
[51:05.220 --> 51:08.220]  I mean look, as far as witnesses are concerned
[51:08.220 --> 51:11.220]  And looking at documents of the case
[51:11.220 --> 51:14.220]  You're a member of the public, you can see anything that's been filed
[51:14.220 --> 51:17.220]  It's a matter of court records which are open
[51:17.220 --> 51:24.220]  The only thing that is barred from a witness being involved with in a case
[51:24.220 --> 51:29.220]  Is if there are multiple witnesses that are going to testify
[51:29.220 --> 51:37.220]  They won't allow the other witnesses to be in the courtroom to watch each other's testimony
[51:37.220 --> 51:44.220]  Because then people can collaborate and fabricate lies and get each other's stories straight
[51:44.220 --> 51:52.220]  And so to keep people honest and to keep the testimony completely above board and real
[51:52.220 --> 51:57.220]  They won't let witnesses watch each other's testimony on the witness stand during hearings
[51:57.220 --> 52:00.220]  But other than that, you get to see everything
[52:00.220 --> 52:03.220]  And you can see the transcripts after the fact too
[52:03.220 --> 52:06.220]  So this is ridiculous, this is official oppression
[52:06.220 --> 52:09.220]  This is exactly a similar thing to what Larry went through
[52:09.220 --> 52:11.220]  Go ahead, Randy
[52:11.220 --> 52:14.220]  Yes, and the lawyer
[52:14.220 --> 52:19.220]  Under the American Bar Association standards for the prosecutorial function
[52:19.220 --> 52:23.220]  That lawyer had a duty
[52:23.220 --> 52:31.220]  Wait a minute, was he a prosecutor or a counsel for someone else?
[52:31.220 --> 52:36.220]  He was the one bringing all of the cases before the judge
[52:36.220 --> 52:39.220]  He was probably a prosecutor then
[52:39.220 --> 52:46.220]  He had a duty to notify the judge that what the judge was doing was improper
[52:46.220 --> 52:49.220]  So file a bar grievance against that lawyer
[52:49.220 --> 52:56.220]  And that lawyer will have a conniption fit at the judge
[52:56.220 --> 53:00.220]  Yeah, and a judicial conduct complaint against the judge too
[53:00.220 --> 53:05.220]  And if the judge is an attorney, which I'm sure he is, you've bar grieved the judge too
[53:05.220 --> 53:11.220]  Okay, the icing on the cake is the clerk was flipping through the file as all this was going on
[53:11.220 --> 53:14.220]  And she said, okay judge, here's the continuance
[53:14.220 --> 53:18.220]  You received this continuance a few days ago
[53:18.220 --> 53:22.220]  In other words, the judge, the court knew that there was going to be a continuance
[53:22.220 --> 53:26.220]  She said, oh but judge, you never signed it
[53:26.220 --> 53:33.220]  The subpoena was set out on the 13th of this month
[53:33.220 --> 53:39.220]  The judge received, the lawyer requested a continuance on the 18th
[53:39.220 --> 53:43.220]  The clerk read that aloud in court and said, oh here it is, it's on the 18th
[53:43.220 --> 53:45.220]  The request for the continuance
[53:45.220 --> 53:49.220]  They knew that there wasn't going to be court, that we weren't going to be called today
[53:49.220 --> 53:53.220]  But I went through all this trouble, all this time and expense to show up and be there
[53:53.220 --> 53:56.220]  When they knew the whole time that we weren't
[53:56.220 --> 54:02.220]  You can construe that as abuse of process
[54:02.220 --> 54:08.220]  You might look in your penal code for abuse of process
[54:08.220 --> 54:15.220]  Yeah, and criminal complaints against the clerks and against the judge as well
[54:15.220 --> 54:17.220]  For not letting you have the court records
[54:17.220 --> 54:21.220]  And in the meantime Paul, if you really want the court records, just send somebody else down there to get them
[54:21.220 --> 54:23.220]  Yeah
[54:23.220 --> 54:25.220]  Well fantastic, fantastic
[54:25.220 --> 54:28.220]  But yeah, you need to file criminal charges
[54:28.220 --> 54:30.220]  And I would send a bill
[54:30.220 --> 54:33.220]  Send a bill for your time and your travel and everything else
[54:33.220 --> 54:36.220]  Whatever money you would have made at work
[54:36.220 --> 54:38.220]  That's your travel expenses
[54:38.220 --> 54:42.220]  I don't know what the standard mileage is now
[54:42.220 --> 54:45.220]  But find out what standard mileage is
[54:45.220 --> 54:48.220]  And bill them for your travel expenses
[54:48.220 --> 54:50.220]  Bill them for your time
[54:50.220 --> 54:53.220]  And start filing criminal charges against these people
[54:53.220 --> 54:56.220]  For denying you the court records
[54:56.220 --> 55:00.220]  And in the meantime get somebody else to pull them
[55:00.220 --> 55:06.220]  The sheriff of East Mississippi is just fixing to get the routine as Randy
[55:06.220 --> 55:08.220]  Good deal, good man
[55:08.220 --> 55:12.220]  Now Randy, in this situation should he go to the sheriff
[55:12.220 --> 55:18.220]  Or should he do the tar baby thing and go to the district attorney and stir everything up
[55:18.220 --> 55:21.220]  I'm thinking it's time to stir everything up
[55:21.220 --> 55:25.220]  Here, yeah, I would do the bar grievances
[55:25.220 --> 55:27.220]  Bar grieve the judge
[55:27.220 --> 55:31.220]  If this is a low level, like a municipal judge or a JP judge
[55:31.220 --> 55:35.220]  Then he's probably practicing law
[55:35.220 --> 55:37.220]  He probably has his bar card
[55:37.220 --> 55:39.220]  So bar grieve them both
[55:39.220 --> 55:41.220]  Judicial conduct complaint the judge
[55:41.220 --> 55:45.220]  Send a bill to the clerk for your time
[55:45.220 --> 55:48.220]  And the criminal complaints Randy
[55:48.220 --> 55:51.220]  And who does he file the criminal complaints with
[55:51.220 --> 55:59.220]  And look at the code for abusive process or in Texas it would be official oppression
[55:59.220 --> 56:04.220]  In Mississippi and most other states it's not official oppression
[56:04.220 --> 56:06.220]  It's official misconduct
[56:06.220 --> 56:09.220]  Look for either one of those statutes
[56:09.220 --> 56:15.220]  And go to the sheriff and make your complaint against the sheriff
[56:15.220 --> 56:18.220]  And it's just kind of running the routine
[56:18.220 --> 56:22.220]  The sheriff will, you know the judge will have the sheriff calling him
[56:22.220 --> 56:25.220]  Telling him this guy is trying to get you arrested, what's going on here
[56:25.220 --> 56:28.220]  And this will get some politics
[56:28.220 --> 56:30.220]  They may actually pay you for your time
[56:30.220 --> 56:32.220]  Hey, here's another thing Randy
[56:32.220 --> 56:38.220]  If they don't pay, you have to put a remittance date when you send someone a bill
[56:38.220 --> 56:43.220]  Like payment due within 10 business days or whatever
[56:43.220 --> 56:50.220]  Okay, if they don't pay you within the allotted time frame, then you start collections activity against them
[56:50.220 --> 56:54.220]  And if they don't, if they still won't pay, take them to small claims court
[56:54.220 --> 56:57.220]  You sue whatever, this is a county court
[56:57.220 --> 57:02.220]  You sue the county court in small claims court to recover the amount of the bill
[57:02.220 --> 57:07.220]  And the basis for all of that is the abusive process
[57:07.220 --> 57:10.220]  Because they have to notify you if there's going to be a continuance
[57:10.220 --> 57:14.220]  Because the court subpoenaed you, that's why I was asking that question earlier
[57:14.220 --> 57:21.220]  Because if you were just going voluntarily because someone asked you to back them up or something
[57:21.220 --> 57:23.220]  Then you don't really have a claim against the court
[57:23.220 --> 57:25.220]  I say small claims court
[57:25.220 --> 57:29.220]  You should report them to the credit reporting agencies
[57:29.220 --> 57:31.220]  Yeah, yeah
[57:31.220 --> 57:35.220]  When you put a mark on their credit, they're going to go ballistic
[57:35.220 --> 57:41.220]  If they don't pay, yeah, you get the EIN number, get the TIN number of the court
[57:41.220 --> 57:46.220]  All these courts are corporations, they have to incorporate in order to do business
[57:46.220 --> 57:52.220]  I'm not so sure I buy into this bit about, oh they're not real courts because they're a corporation
[57:52.220 --> 58:02.220]  They have to form some kind of business structure in order to, you know, buy toilet paper for the bathrooms
[58:02.220 --> 58:05.220]  Okay, they've got to pay the maid service
[58:05.220 --> 58:08.220]  They have to have some kind of a business structure
[58:08.220 --> 58:13.220]  So whether it's a corporation or a trust or an LLC, I mean, what does it matter?
[58:13.220 --> 58:17.220]  I'm not really sure, you know, I buy into that whole deal
[58:17.220 --> 58:24.220]  But the bottom line is you find out what the EIN number is of the court
[58:24.220 --> 58:28.220]  And if they don't pay the bill, then you report them to the credit bureaus
[58:28.220 --> 58:29.220]  Fantastic
[58:29.220 --> 58:32.220]  And if they still won't, that's part of your collections activity
[58:32.220 --> 58:40.220]  If they still won't pay, then you sue them in small, sue the county court in small claims court
[58:40.220 --> 58:42.220]  See how they like those cookies, okay?
[58:42.220 --> 58:43.220]  Fantastic
[58:43.220 --> 58:45.220]  All right, Paul, thanks for calling in
[58:45.220 --> 58:48.220]  All right, we will be right back on the other side
[58:48.220 --> 58:50.220]  This is the rule of law
[58:50.220 --> 58:54.220]  The Bible remains the most popular book in the world
[58:54.220 --> 58:58.220]  Yet countless readers are frustrated because they struggle to understand it
[58:58.220 --> 59:02.220]  Some new translations try to help by simplifying the text
[59:02.220 --> 59:07.220]  But in the process can compromise the profound meaning of the scripture
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[59:09.220 --> 59:13.220]  First, this new translation is extremely faithful and accurate
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[59:22.220 --> 59:28.220]  Providing an entrance into the riches of the word beyond which you've ever experienced before
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[59:33.220 --> 59:39.220]  This comprehensive yet compact study Bible is yours just by calling us toll free
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[59:44.220 --> 59:48.220]  Or by ordering online at FreeStudyBible.com
[59:48.220 --> 59:53.220]  That's FreeStudyBible.com
[59:53.220 --> 59:57.220]  You're listening to the Logos Radio Network
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[01:00:03.220 --> 01:00:06.220]  You're listening to the Liberty Beats
[01:00:06.220 --> 01:00:10.220]  Your daily source for Liberty News and activist updates
[01:00:10.220 --> 01:00:15.220]  Online at TheLibertyBeat.com
[01:00:15.220 --> 01:00:19.220]  John Bush here with your Liberty Beat for June 19th, 2013
[01:00:19.220 --> 01:00:22.220]  Gold opened today at $1,375
[01:00:22.220 --> 01:00:25.220]  Silver at $21.71
[01:00:25.220 --> 01:00:28.220]  And Bitcoin is trading at $108
[01:00:28.220 --> 01:00:31.220]  Support for the Liberty Beat comes from great new books
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[01:00:34.220 --> 01:00:37.220]  In Austin and 1904 Guadalupe Street
[01:00:37.220 --> 01:00:39.220]  And at Forkfest at Site 26
[01:00:39.220 --> 01:00:42.220]  Also support comes from Central Texas Gunworks
[01:00:42.220 --> 01:00:45.220]  CHL courses, self-defense training, and firearm sales
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[01:00:48.220 --> 01:00:49.220]  And now the news
[01:00:49.220 --> 01:00:52.220]  On Tuesday morning a group of around 50 Houstonians
[01:00:52.220 --> 01:00:56.220]  Protested outside the office of US Representative Sheila Jackson Lee
[01:00:56.220 --> 01:00:59.220]  The group was rallying in support of the Second Amendment
[01:00:59.220 --> 01:01:01.220]  As well as the Armed Citizens Project
[01:01:01.220 --> 01:01:04.220]  The Armed Citizens Project gained the attention last week
[01:01:04.220 --> 01:01:07.220]  When Oak Forest neighborhood of Houston became the first in the country
[01:01:07.220 --> 01:01:10.220]  To experience a free gun giveaway for single mothers
[01:01:10.220 --> 01:01:15.220]  Sheila Jackson Lee spoke in opposition to the ACP's gun sharing program
[01:01:15.220 --> 01:01:18.220]  And in favor of universal background checks for gun purchases
[01:01:18.220 --> 01:01:21.220]  Kyle Copeland, founder of the Armed Citizens Project
[01:01:21.220 --> 01:01:26.220]  Says he believes an educated and armed citizenry is key to reducing crime
[01:01:31.220 --> 01:01:34.220]  Tuesday Google filed a legal challenge against gag orders
[01:01:34.220 --> 01:01:38.220]  That came with the FISA Court orders it received from the FBI and NSA
[01:01:38.220 --> 01:01:40.220]  Google is arguing that the silence orders
[01:01:40.220 --> 01:01:42.220]  Infringe upon the company's First Amendment rights
[01:01:42.220 --> 01:01:45.220]  To speak freely about the data requests from the government
[01:01:45.220 --> 01:01:47.220]  According to a court motion filed by Google
[01:01:47.220 --> 01:01:50.220]  They are seeking to release information on the amount of data requests
[01:01:50.220 --> 01:01:52.220]  And specific user information
[01:01:52.220 --> 01:01:54.220]  Currently under the FISA Act
[01:01:54.220 --> 01:01:56.220]  Google is not allowed to disclose publicly
[01:01:56.220 --> 01:01:58.220]  The number of requests it gets for data
[01:01:58.220 --> 01:02:00.220]  The public requests have only come about
[01:02:00.220 --> 01:02:02.220]  In light of recently leaked information
[01:02:02.220 --> 01:02:04.220]  Regarding the PRISM software
[01:02:04.220 --> 01:02:06.220]  And after the Director of National Intelligence
[01:02:06.220 --> 01:02:08.220]  Acknowledged that the service providers
[01:02:08.220 --> 01:02:11.220]  Have received Foreign Intelligence Surveillance Act requests
[01:02:16.220 --> 01:02:18.220]  SĂŁo Paulo, Brazil continues to be the scene
[01:02:18.220 --> 01:02:20.220]  Of another night of protests
[01:02:20.220 --> 01:02:22.220]  Demonstrators are calling for a more responsive government
[01:02:22.220 --> 01:02:24.220]  And have expressed a general anger
[01:02:24.220 --> 01:02:26.220]  Towards the government financial priorities
[01:02:26.220 --> 01:02:28.220]  Protests have been organized by university students
[01:02:28.220 --> 01:02:31.220]  And a group called the Free Fair Movement
[01:02:31.220 --> 01:02:33.220]  Which is called for free public transportation
[01:02:33.220 --> 01:02:36.220]  Pictures of the scene show protesters clashing with riot police
[01:02:36.220 --> 01:02:39.220]  These latest clashes come after accusations last week
[01:02:39.220 --> 01:02:41.220]  Of police brutality
[01:02:41.220 --> 01:02:43.220]  And the targeting of journalists
[01:02:45.220 --> 01:02:47.220]  Support for the Liberty Beat comes from tomorrow's meals today
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[01:02:55.220 --> 01:02:57.220]  Honest, reliable auto care for vehicles
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[01:03:35.220 --> 01:03:37.220]  Ah
[01:03:37.220 --> 01:03:39.220]  Ah, ah
[01:03:39.220 --> 01:03:41.220]  Ah
[01:03:41.220 --> 01:03:43.220]  Ah
[01:03:43.220 --> 01:03:45.220]  Ah
[01:03:45.220 --> 01:03:47.220]  Ah
[01:03:47.220 --> 01:03:49.220]  Ah
[01:03:49.220 --> 01:03:51.220]  Ah
[01:03:51.220 --> 01:03:53.220]  Okay, we are back
[01:03:53.220 --> 01:03:55.220]  Brandi Kelton, Debra Stevens, Lay Wuh, Radio
[01:03:55.220 --> 01:03:56.220]  Hi, Randy.
[01:03:56.220 --> 01:03:57.220]  Hi, Deb.
[01:03:57.220 --> 01:03:58.220]  How are you?
[01:03:58.220 --> 01:03:59.220]  Hello.
[01:03:59.220 --> 01:04:00.220]  Doing well.
[01:04:00.220 --> 01:04:09.220]  You have a question on mortgage?
[01:04:09.220 --> 01:04:10.580]  Yes.
[01:04:10.580 --> 01:04:18.540]  We spoke before about a mortgage issue that we were currently in and had some discovery
[01:04:18.540 --> 01:04:27.460]  through my homeowner's insurance about the selling of my mortgage, and I noted that on
[01:04:27.460 --> 01:04:32.100]  my mortgage statement, I was wondering if you had any information or knew anything about
[01:04:32.100 --> 01:04:40.820]  the IndyMac situation that occurred in 2007 with the FDIC taking over IndyMac and then
[01:04:40.820 --> 01:04:52.580]  being sold to George Soros and becoming West One, and how what the bank was doing and why
[01:04:52.580 --> 01:04:59.140]  the FDIC took them over, how that affected those mortgages that were held by IndyMac
[01:04:59.140 --> 01:05:02.140]  at that time.
[01:05:02.140 --> 01:05:09.740]  Randy, are you there?
[01:05:09.740 --> 01:05:13.620]  Somebody is muting my mic again.
[01:05:13.620 --> 01:05:22.180]  I really don't have any information about what went on with IndyMac in that changeover.
[01:05:22.180 --> 01:05:26.060]  One of the things, it's not a question I've ever been asked before.
[01:05:26.060 --> 01:05:27.060]  Yeah.
[01:05:27.060 --> 01:05:34.420]  I was doing some reading and looking at your advice on finding out the information sending
[01:05:34.420 --> 01:05:35.620]  this stuff to the mortgage.
[01:05:35.620 --> 01:05:42.220]  I was the one who was—we have that program here in Pennsylvania where we go in and we
[01:05:42.220 --> 01:05:49.740]  have this meeting with the bank to try to come to a modification and some kind of compliance
[01:05:49.740 --> 01:05:53.420]  program they set up.
[01:05:53.420 --> 01:06:00.740]  And in so doing, I was just reading an article the other day, an old article written in 2011
[01:06:00.740 --> 01:06:09.420]  about this gentleman who went through his court case and in his discovery found that
[01:06:09.420 --> 01:06:15.460]  most of the documents he had from IndyMac were taken away and put in a box and unable
[01:06:15.460 --> 01:06:21.820]  to attain because the FDIC came in and took over IndyMac because they were selling mortgages
[01:06:21.820 --> 01:06:29.940]  in the two trusts and trying to double-dip, so to say, I guess.
[01:06:29.940 --> 01:06:32.740]  The same mortgage into two trusts?
[01:06:32.740 --> 01:06:33.740]  Yes.
[01:06:33.740 --> 01:06:41.980]  And I think that was part of the problem they had with the FDIC, but then I think they never
[01:06:41.980 --> 01:06:47.140]  went into bankruptcy because George Soros came along and bought the whole spiel for
[01:06:47.140 --> 01:06:55.620]  like $13 billion when it was worth $24 billion and created West 1, and now they're still
[01:06:55.620 --> 01:07:00.860]  running along, probably still doing the same thing.
[01:07:00.860 --> 01:07:07.140]  That's one of the things that I'm aware of, but I haven't figured out how to nail
[01:07:07.140 --> 01:07:08.140]  it down.
[01:07:08.140 --> 01:07:17.540]  You know, instead of the documents, I make accusations of that nature, that they've
[01:07:17.540 --> 01:07:23.660]  sold the note into more than one pool, but I haven't been able to find any hard evidence.
[01:07:23.660 --> 01:07:29.020]  Everything I have concerning that amounts to just accusations.
[01:07:29.020 --> 01:07:38.260]  Yeah, the problem I was having was that in my discovery of all of the mortgage documents
[01:07:38.260 --> 01:07:46.420]  that I had from my homeowner's insurance, which showed everyone becoming the new mortgagee
[01:07:46.420 --> 01:07:57.860]  on my mortgage, was that IndyMac was the only one who changed the loan number in their purchase,
[01:07:57.860 --> 01:08:03.140]  and my loan number then suddenly changed back to its original loan number when it was bought
[01:08:03.140 --> 01:08:05.140]  and sold again.
[01:08:05.140 --> 01:08:11.320]  Does that sound like anything that should be happening, or how could a loan number become
[01:08:11.320 --> 01:08:17.300]  the same loan number from its origination once it was changed or bought and sold and
[01:08:17.300 --> 01:08:20.420]  became a new loan number?
[01:08:20.420 --> 01:08:30.560]  That is a very good question, and I wouldn't know how to answer it, but even if I could
[01:08:30.560 --> 01:08:41.500]  figure that out, I pretty well stay with what can be reflected as a claim.
[01:08:41.500 --> 01:08:48.620]  I don't think that loan numbers will be as important as the underlying transaction.
[01:08:48.620 --> 01:08:55.820]  Right, which weren't aligned or don't show up in any record, other than my homeowner's,
[01:08:55.820 --> 01:08:59.620]  which just happened to the court.
[01:08:59.620 --> 01:09:09.620]  What does your property code say about who can express a claim against property?
[01:09:09.620 --> 01:09:11.700]  Let me preface the question.
[01:09:11.700 --> 01:09:24.380]  In Texas, in the government code under 51901, it defines who can exercise a claim against
[01:09:24.380 --> 01:09:32.380]  property, or who can file a document making a claim against property, and it's very
[01:09:32.380 --> 01:09:35.180]  clearly defined.
[01:09:35.180 --> 01:09:43.720]  Does Pennsylvania, I would expect they would have something stipulating what has to be
[01:09:43.720 --> 01:09:51.420]  filed and when in order to be able to maintain a claim, and that's going to go to chain
[01:09:51.420 --> 01:09:53.420]  a title.
[01:09:53.420 --> 01:09:54.420]  Right.
[01:09:54.420 --> 01:10:05.780]  So, if you can show evidence that these documents have changed hands, and the sale has not been
[01:10:05.780 --> 01:10:12.660]  reflected in the county record, that would be something that would give you a claim.
[01:10:12.660 --> 01:10:18.500]  As I understand in Pennsylvania, it's a crime not to do the filing.
[01:10:18.500 --> 01:10:19.500]  Correct.
[01:10:19.500 --> 01:10:25.600]  So, okay, so you can show the crime, now you can go to the clean hands doctrine or the
[01:10:25.600 --> 01:10:28.540]  unclean hands doctrine.
[01:10:28.540 --> 01:10:35.180]  The courts have held that no man may be allowed to profit from his own misdeeds.
[01:10:35.180 --> 01:10:40.800]  And just because you can't show how you, well actually you can show how you were harmed.
[01:10:40.800 --> 01:10:42.620]  Do you have an FHA loan?
[01:10:42.620 --> 01:10:45.020]  No, I do not.
[01:10:45.020 --> 01:10:46.020]  Okay.
[01:10:46.020 --> 01:10:54.380]  So, if you do not have an FHA loan, then you have a stipulation in there, in the mortgage,
[01:10:54.380 --> 01:10:59.060]  that authorizes the lender to sell a portion of the note or the entire note together with
[01:10:59.060 --> 01:11:00.540]  this security instrument.
[01:11:00.540 --> 01:11:01.540]  Right.
[01:11:01.540 --> 01:11:03.420]  That's section 20.
[01:11:03.420 --> 01:11:04.420]  Okay.
[01:11:04.420 --> 01:11:13.940]  If you can show that that has not been, that there has been a transfer, I'm sorry, I went
[01:11:13.940 --> 01:11:14.940]  to the wrong place.
[01:11:14.940 --> 01:11:25.020]  I'm going to go to 20, I wanted to go to 16, 15, 15, 15 is the one that requires the lender
[01:11:25.020 --> 01:11:32.340]  to make all required notices to you by certified mail.
[01:11:32.340 --> 01:11:42.580]  And the Fair Debt Collections Practices Act requires that all changes in beneficial interest
[01:11:42.580 --> 01:11:48.020]  be noticed to the borrower.
[01:11:48.020 --> 01:11:52.380]  So they have a statutory duty to give you notice.
[01:11:52.380 --> 01:11:58.140]  Under covenant 15, they have a statutory, they have a contractual duty to give you the
[01:11:58.140 --> 01:12:07.180]  notice by certified mail and under covenant 16, they have a duty to abide by all law.
[01:12:07.180 --> 01:12:13.660]  The reason I went to all of that dance around, dance around is if you say they broke this
[01:12:13.660 --> 01:12:19.760]  law, the court's going to say, okay, how are you harmed by the breaking of that law?
[01:12:19.760 --> 01:12:25.180]  You will say I was harmed by the breaking of that law by breach of contract in that
[01:12:25.180 --> 01:12:31.980]  under 15, the requirement that I be noticed was not met, so they breached the contract.
[01:12:31.980 --> 01:12:36.780]  Under 16, they're required to abide by all law and they agreed to it, therefore they
[01:12:36.780 --> 01:12:41.260]  breached the contract and cannot enforce the mortgage.
[01:12:41.260 --> 01:12:43.860]  Does that make sense?
[01:12:43.860 --> 01:12:46.020]  Is it clear where I'm going?
[01:12:46.020 --> 01:12:47.020]  Right.
[01:12:47.020 --> 01:12:48.020]  Yes.
[01:12:48.020 --> 01:12:50.980]  That makes perfect sense.
[01:12:50.980 --> 01:12:58.900]  So the fact that the loan numbers changed and indication that they changed hands and
[01:12:58.900 --> 01:13:08.900]  those change, the change that you can document is not reflected in the county record with
[01:13:08.900 --> 01:13:19.620]  an assignment of the deed of trust to whatever entity that was that changed the number, the
[01:13:19.620 --> 01:13:27.380]  loan number, then you can infer from that that the note was negotiated to that entity,
[01:13:27.380 --> 01:13:35.780]  that the deed of trust was not transferred to that entity as required by covenant 20.
[01:13:35.780 --> 01:13:38.260]  And then you file a notice of default.
[01:13:38.260 --> 01:13:42.140]  Have you filed a notice of default in the record?
[01:13:42.140 --> 01:13:43.140]  Not yet.
[01:13:43.140 --> 01:13:50.580]  Contact Leslie, I just sent her a set of documents that I've been putting together for that purpose.
[01:13:50.580 --> 01:13:51.580]  Okay.
[01:13:51.580 --> 01:13:53.700]  Yet we're still-
[01:13:53.700 --> 01:13:55.460]  She has a copy.
[01:13:55.460 --> 01:14:02.260]  We have the notice of default and a notice that MERS is fired.
[01:14:02.260 --> 01:14:05.540]  Oh, I do like that one.
[01:14:05.540 --> 01:14:06.540]  That was really good.
[01:14:06.540 --> 01:14:08.020]  I really liked that one.
[01:14:08.020 --> 01:14:10.820]  Well, what are they going to do?
[01:14:10.820 --> 01:14:14.340]  They're going to come back and say, well, you can't do that.
[01:14:14.340 --> 01:14:15.560]  Why not?
[01:14:15.560 --> 01:14:16.560]  We hired them.
[01:14:16.560 --> 01:14:18.540]  Oh, we didn't hire them?
[01:14:18.540 --> 01:14:20.220]  Then they weren't hired in the first place.
[01:14:20.220 --> 01:14:23.900]  So yeah, that one, I enjoyed that one more than any of them.
[01:14:23.900 --> 01:14:33.180]  To get those from Leslie and get those filed in the record, this may be, sometimes the
[01:14:33.180 --> 01:14:37.020]  thing that really works comes out of the blue.
[01:14:37.020 --> 01:14:44.760]  And this may really stop them in their tracks because once you file it, it's presumed valid
[01:14:44.760 --> 01:14:48.940]  until they overcome it with a petition for quiet title.
[01:14:48.940 --> 01:14:54.100]  And when they petition for quiet title, that's when you go to the court and say, hold on
[01:14:54.100 --> 01:15:01.700]  your honor, you don't have subject matter jurisdiction as the plaintiff lacked agency
[01:15:01.700 --> 01:15:09.740]  standing and capacity to invoke the subject matter jurisdiction of this court.
[01:15:09.740 --> 01:15:16.180]  Now because if the judge acts without subject matter jurisdiction, he's potentially liable.
[01:15:16.180 --> 01:15:20.860]  Now you're more likely to get the judge to say, guys, you need to prove up your position.
[01:15:20.860 --> 01:15:25.060]  And that's the one thing they do not want to do.
[01:15:25.060 --> 01:15:26.060]  Okay.
[01:15:26.060 --> 01:15:34.380]  And I'm sorry I couldn't answer the questions about all of these foreclosures and transfers
[01:15:34.380 --> 01:15:41.580]  and who's this, I haven't went deeply into that because for the kinds of claims I'm
[01:15:41.580 --> 01:15:43.420]  making, I haven't needed to go there.
[01:15:43.420 --> 01:15:48.220]  Yeah, I just wanted to tap your mind to see if there was anything about IndyMac that you
[01:15:48.220 --> 01:15:50.980]  had heard or come across.
[01:15:50.980 --> 01:15:58.700]  But the fact that we're in this conciliatory program, we've actually, since the discovery
[01:15:58.700 --> 01:16:04.860]  of this homeowners insurance stuff, we had to send in once again for the 25th time this
[01:16:04.860 --> 01:16:11.740]  year our tax returns and all the paperwork the bank has requested from us again.
[01:16:11.740 --> 01:16:16.740]  So when we did that, hold on, hold on.
[01:16:16.740 --> 01:16:19.220]  Is this a modification?
[01:16:19.220 --> 01:16:25.860]  Well that negotiation, yes, that's what the state of Pennsylvania sets you up with this
[01:16:25.860 --> 01:16:30.460]  conciliatory program to work on a modification with the bank.
[01:16:30.460 --> 01:16:37.780]  So in doing that, we've sent them this, okay, we need to talk about this on the other side
[01:16:37.780 --> 01:16:39.860]  about we're about to go to break.
[01:16:39.860 --> 01:16:47.420]  If they've requested the same documentation more than once, most likely they have applied
[01:16:47.420 --> 01:16:55.140]  to the HAMP program more than once and collected multiple times on the offering of a modification.
[01:16:55.140 --> 01:16:56.340]  Hang on, we'll be right back.
[01:16:56.340 --> 01:17:00.940]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio, you'll be right.
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[01:19:24.940 --> 01:19:38.220]  Well, ain't gonna fool me with that same old trick again.
[01:19:38.220 --> 01:19:43.380]  I was blindsided but now I can see your plan.
[01:19:43.380 --> 01:19:48.700]  You put the fear in my pockets, took the money from my hand.
[01:19:48.700 --> 01:20:03.900]  Well, ain't gonna fool me with that same old trick again.
[01:20:03.900 --> 01:20:08.980]  We are back, Randy Kelton, Debbie Stevens, Rule Law Radio, and we're talking to Christopher
[01:20:08.980 --> 01:20:11.180]  in Pennsylvania.
[01:20:11.180 --> 01:20:16.340]  Christopher, as concerns modification.
[01:20:16.340 --> 01:20:18.120]  This is interesting.
[01:20:18.120 --> 01:20:22.980]  You say they have required that you send them documentation 10 times?
[01:20:22.980 --> 01:20:26.660]  Oh, yes, more than 10 times.
[01:20:26.660 --> 01:20:28.220]  Okay, hold on.
[01:20:28.220 --> 01:20:35.860]  Did they require you to send documents they didn't have or did they require you to send
[01:20:35.860 --> 01:20:38.700]  an application 10 times?
[01:20:38.700 --> 01:20:44.860]  No, they require the same documentation 10 times.
[01:20:44.860 --> 01:20:59.660]  I would suggest that you petition for discovery of any application to the HAMP program for
[01:20:59.660 --> 01:21:05.220]  payment on an offer to modify concerning your note.
[01:21:05.220 --> 01:21:15.660]  What I understand they've been doing is they will tell the person who's dealing with you,
[01:21:15.660 --> 01:21:25.260]  because generally these are lower level employees and they tend not to be so corrupt, is if
[01:21:25.260 --> 01:21:29.740]  they get the documentation, they will tell this person they didn't get it and ask to
[01:21:29.740 --> 01:21:31.220]  have it sent again.
[01:21:31.220 --> 01:21:36.980]  When they get it sent again, they'll take that second application and file it with HAMP
[01:21:36.980 --> 01:21:42.900]  as if they've offered you, somebody else, a modification.
[01:21:42.900 --> 01:21:50.300]  By asking for it 10 times, there's a good chance that they've already made about $25,000
[01:21:50.300 --> 01:21:57.660]  just offering you the modification and they've defrauded the HAMP program in that regard.
[01:21:57.660 --> 01:22:01.940]  That explains why the person on the other end of the phone or the representative changes
[01:22:01.940 --> 01:22:03.900]  every phone call.
[01:22:03.900 --> 01:22:08.100]  Yes, most likely.
[01:22:08.100 --> 01:22:10.460]  Are you recording these calls?
[01:22:10.460 --> 01:22:12.780]  This call, no.
[01:22:12.780 --> 01:22:14.580]  No, no, not this one.
[01:22:14.580 --> 01:22:16.740]  The calls from the bank.
[01:22:16.740 --> 01:22:21.740]  No, we document them though and we record them with our phone bill.
[01:22:21.740 --> 01:22:23.000]  Good.
[01:22:23.000 --> 01:22:24.000]  That's good enough.
[01:22:24.000 --> 01:22:25.060]  That's good enough.
[01:22:25.060 --> 01:22:30.980]  If you have a basic transcript of what was said, it doesn't have to be exact wording,
[01:22:30.980 --> 01:22:39.580]  just generally what the context was, that'll be enough to petition for discovery because
[01:22:39.580 --> 01:22:49.700]  you have reason to believe that the bank is not negotiating or not mediating in good faith.
[01:22:49.700 --> 01:22:57.500]  You might consider a petition for sanctions and a request for discovery.
[01:22:57.500 --> 01:23:01.840]  Focus discovery on the HAMP issue.
[01:23:01.840 --> 01:23:07.180]  This conciliatory program that they have going on with us, the interesting part of that is
[01:23:07.180 --> 01:23:15.120]  that we meet with the bank to discuss that and they never really addressed the issue.
[01:23:15.120 --> 01:23:19.580]  As to what they're doing, all they do is ask for more paperwork.
[01:23:19.580 --> 01:23:25.440]  They're even good about sending letters requesting this, so we have documentation through their
[01:23:25.440 --> 01:23:30.260]  letterhead that they've sent us a request every time.
[01:23:30.260 --> 01:23:34.900]  But the interesting part about this program is that we've come to the point with the discovery
[01:23:34.900 --> 01:23:39.900]  of this homeowner stuff that we sent them their request for paperwork along with the
[01:23:39.900 --> 01:23:45.840]  fact that we realized that there is a problem with the chain of title based on the fact
[01:23:45.840 --> 01:23:53.300]  that we understand the mortgage has been sold so many times and never documented in the
[01:23:53.300 --> 01:23:56.100]  recorder of deeds office.
[01:23:56.100 --> 01:24:03.260]  We're asking them to, once again through the second, this would be almost the third attempt
[01:24:03.260 --> 01:24:11.540]  to get this information from them through the other QWRs we've sent with no real information
[01:24:11.540 --> 01:24:13.580]  being sent back to us.
[01:24:13.580 --> 01:24:23.900]  Okay, on each one of these, you should file a separate notice of default.
[01:24:23.900 --> 01:24:30.940]  Then they'll have to address each one of them.
[01:24:30.940 --> 01:24:35.060]  The notice of default should stop them in the tracks, okay, since they haven't foreclosed
[01:24:35.060 --> 01:24:42.860]  yet, you're in a good position to get all this stuff filed.
[01:24:42.860 --> 01:24:48.420]  Contacting the HAMP program is something I haven't looked at.
[01:24:48.420 --> 01:24:57.860]  You might try contacting the administrators of the HAMP program and petition them for
[01:24:57.860 --> 01:25:07.620]  documentation concerning payments to this bank from the HAMP program, figure out how
[01:25:07.620 --> 01:25:08.860]  they make the payments.
[01:25:08.860 --> 01:25:16.060]  I think the HAMP program was a bunch of BS put in by Obama so he could funnel money to
[01:25:16.060 --> 01:25:21.620]  the banks, more of our tax money to the banks.
[01:25:21.620 --> 01:25:28.840]  One way of determining if that's the case, if you look into the documentation where you
[01:25:28.840 --> 01:25:40.940]  want to see every application for funds from HAMP by this bank concerning your property.
[01:25:40.940 --> 01:25:50.120]  And if they tell you they can't do that, then there's a really, really serious problem here.
[01:25:50.120 --> 01:25:59.980]  And this opens the door for you to take an action under a private attorney general, where
[01:25:59.980 --> 01:26:13.980]  you could sue the bank and the HAMP program in your own behalf and in the behalf of all
[01:26:13.980 --> 01:26:16.020]  others similarly situated.
[01:26:16.020 --> 01:26:24.180]  This is an open door for serious discovery.
[01:26:24.180 --> 01:26:35.580]  And you might even consider moving up to RICO and looking at the laundering statutes.
[01:26:35.580 --> 01:26:46.820]  Looking at money laundering, if they do anything, collect money illegally, that goes to money
[01:26:46.820 --> 01:26:50.280]  laundering.
[01:26:50.280 --> 01:26:55.700]  Money laundering was more inclusive than I thought it was.
[01:26:55.700 --> 01:26:58.940]  It's not just them trying legal funds.
[01:26:58.940 --> 01:27:03.420]  If they try to generate illegal funds, that's money laundering.
[01:27:03.420 --> 01:27:10.940]  And obviously, mail fraud in the process.
[01:27:10.940 --> 01:27:22.860]  If you could show that the bank is either mailing or wiring demands from the HAMP program
[01:27:22.860 --> 01:27:31.940]  based on supposed offers to you for a HAMP loan when they've already collected for one,
[01:27:31.940 --> 01:27:37.700]  and every time they ask you for new paperwork, they send and get another one.
[01:27:37.700 --> 01:27:41.660]  If you can show that they did that, that goes to wire fraud, that goes to mail fraud, it
[01:27:41.660 --> 01:27:44.380]  goes to money laundering.
[01:27:44.380 --> 01:27:48.260]  You can certainly turn the heat up on these guys.
[01:27:48.260 --> 01:27:49.260]  Yeah.
[01:27:49.260 --> 01:27:56.500]  Well, we're planning on taking your plan to sue them.
[01:27:56.500 --> 01:28:03.420]  But once we have to wait until this modification, conciliatory program, we have our meeting
[01:28:03.420 --> 01:28:04.700]  in August 1st.
[01:28:04.700 --> 01:28:10.380]  So we've spent the time looking at all of these issues and trying to put together a
[01:28:10.380 --> 01:28:16.540]  suit against them for everything you've suggested in your program.
[01:28:16.540 --> 01:28:20.900]  That would be just one more stipulation of fraud we could enter into that.
[01:28:20.900 --> 01:28:21.900]  Yeah.
[01:28:21.900 --> 01:28:29.300]  And these are things that go to criminal, and because they go to criminal, that makes
[01:28:29.300 --> 01:28:39.420]  your whole suit go to RICO, where the criminal accusations you make go to a pattern of corruption
[01:28:39.420 --> 01:28:47.260]  where you show predicate acts that it's reasonable to presume that if they are doing this in
[01:28:47.260 --> 01:28:54.020]  your case, they're most likely doing it in a lot of cases.
[01:28:54.020 --> 01:29:01.180]  Making that kind of claim will give you reason to ask for some really invasive discovery.
[01:29:01.180 --> 01:29:06.100]  Remember, it's all about the money.
[01:29:06.100 --> 01:29:07.100]  Money and politics.
[01:29:07.100 --> 01:29:13.300]  And the big politics is going to be criminal accusations.
[01:29:13.300 --> 01:29:18.980]  Now, RICO kind of puts you on that fine edge.
[01:29:18.980 --> 01:29:29.580]  You get to subpoena records for a civil case that can then be used to criminally prosecute.
[01:29:29.580 --> 01:29:30.580]  This will frighten these guys.
[01:29:30.580 --> 01:29:33.300]  They might bring them to the table pretty fast.
[01:29:33.300 --> 01:29:34.300]  Yeah.
[01:29:34.300 --> 01:29:35.300]  Sounds great.
[01:29:35.300 --> 01:29:39.300]  That's exactly what we plan to do.
[01:29:39.300 --> 01:29:40.300]  Okay.
[01:29:40.300 --> 01:29:41.300]  Okay.
[01:29:41.300 --> 01:29:42.660]  Then we're going to move ahead.
[01:29:42.660 --> 01:29:43.660]  Thank you, Christopher.
[01:29:43.660 --> 01:29:46.340]  If you have any more questions, give us a call tomorrow night.
[01:29:46.340 --> 01:29:49.100]  We've got a board full of callers tonight.
[01:29:49.100 --> 01:29:50.100]  All right.
[01:29:50.100 --> 01:29:51.100]  Thanks, Randy.
[01:29:51.100 --> 01:29:53.100]  Thank you, Christopher.
[01:29:53.100 --> 01:30:02.380]  We'll be right back on the other side, and we'll start taking any more calls.
[01:30:02.380 --> 01:30:03.900]  Would you drink cat poop coffee?
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[01:30:09.980 --> 01:30:15.020]  I'm Dr. Catherine Albrecht, and I'll be back with the scoop on the poop in just a moment.
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[01:31:20.420 --> 01:31:21.420]  Bottoms up.
[01:31:21.420 --> 01:31:23.060]  I'm Dr. Catherine Albrecht.
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[01:33:28.740 --> 01:33:57.140]  Okay, we are back.
[01:33:57.140 --> 01:34:06.620]  We're going to Johnny in Texas as soon as I can get him unmuted.
[01:34:06.620 --> 01:34:07.620]  Okay.
[01:34:07.620 --> 01:34:08.620]  Hello, Johnny.
[01:34:08.620 --> 01:34:09.620]  What do you have for us today?
[01:34:09.620 --> 01:34:10.620]  Hey, Randy.
[01:34:10.620 --> 01:34:17.740]  Just wanted to talk with you briefly about documents used in the mortgage fight.
[01:34:17.740 --> 01:34:21.900]  I've seen a couple of your documents.
[01:34:21.900 --> 01:34:29.940]  One is, you know, 51903 motion challenging the deed itself, and another is a petition
[01:34:29.940 --> 01:34:37.540]  for declaratory judgment, which challenges an appointment of substitute trustee, and
[01:34:37.540 --> 01:34:45.020]  both of those documents raise some excellent points, but the details of my case are a little
[01:34:45.020 --> 01:34:50.140]  bit actually quite a bit different than most other people's cases, but since I've seen
[01:34:50.140 --> 01:34:55.740]  those documents, I've also heard you more recently talking about the notice of default
[01:34:55.740 --> 01:35:05.420]  and the firing of MERS and all of that stuff, and I actually, several years ago, I sent
[01:35:05.420 --> 01:35:07.740]  the alleged servicer, in my case, a notice of default.
[01:35:07.740 --> 01:35:12.220]  I didn't file it into the records, but when they sent me a notice of substitute trustee,
[01:35:12.220 --> 01:35:16.580]  I responded with an objection and a notice of default and a few other things, and that's
[01:35:16.580 --> 01:35:24.940]  one of the reasons why it took them so long to even... Altogether, I had 12 different
[01:35:24.940 --> 01:35:30.420]  sale dates scheduled because of that notice of default, so it is... At that time, I didn't
[01:35:30.420 --> 01:35:34.220]  know to file it in the county record, but even just sending it to the lender had quite
[01:35:34.220 --> 01:35:41.420]  an effect on them, but my question at this point is, first of all, related to the firing
[01:35:41.420 --> 01:35:49.100]  of MERS, or be it MERS or anyone else who's reporting to exercise an authority that they
[01:35:49.100 --> 01:35:56.300]  don't have, that seems to me that it would be a preemptive thing, in other words, for
[01:35:56.300 --> 01:36:01.500]  people who have not already been proposed on and had their property sold to a third
[01:36:01.500 --> 01:36:02.500]  party.
[01:36:02.500 --> 01:36:04.500]  Is that right?
[01:36:04.500 --> 01:36:10.660]  Well, it's better if you can get it before it's been sold to a third party.
[01:36:10.660 --> 01:36:18.420]  Once the foreclosure is passed, the argument will be that the foreclosure was fraudulent
[01:36:18.420 --> 01:36:28.540]  and therefore it's void, and so you can act as if the foreclosure never happened, and
[01:36:28.540 --> 01:36:36.460]  if you file it, then the buyer is going to have to... You're clouding his title.
[01:36:36.460 --> 01:36:43.660]  They're going to have to come and petition the court to have it removed, and that's a
[01:36:43.660 --> 01:36:51.620]  good place to counter-sue the lender when they sue for trespass to try title, then you
[01:36:51.620 --> 01:36:52.620]  counter-sue.
[01:36:52.620 --> 01:36:55.300]  Oh, wait a minute.
[01:36:55.300 --> 01:36:57.780]  Trespass to try title, there may be a restriction.
[01:36:57.780 --> 01:37:05.320]  You may not be able to counter-sue because of the nature of trespass to try title.
[01:37:05.320 --> 01:37:18.260]  So that's an issue I'd thought about, but if we presume that the foreclosure was void,
[01:37:18.260 --> 01:37:24.660]  or at least voidable, then all of these other issues come back into play.
[01:37:24.660 --> 01:37:33.300]  And the way the notice of default that I put together is written, it alleges default at
[01:37:33.300 --> 01:37:36.020]  consummation of the note.
[01:37:36.020 --> 01:37:41.900]  Yeah, well, and that's seen in some of your other documents too.
[01:37:41.900 --> 01:37:48.540]  I mean, the deed of trust is fraudulent on its face from the very beginning.
[01:37:48.540 --> 01:37:54.820]  But I didn't know... You know, in a case like mine, my property, MERS just sort of
[01:37:54.820 --> 01:37:58.620]  popped into the public record out of nowhere and said, okay, we're transferring and signing
[01:37:58.620 --> 01:38:01.880]  the note of deed of trust to Wells Fargo, and then Wells Fargo did everything that they
[01:38:01.880 --> 01:38:04.860]  did thereafter, and they foreclosed and sold the property.
[01:38:04.860 --> 01:38:08.460]  Then they did a rescission and a reconveyance and they promised to work with me under HAMP
[01:38:08.460 --> 01:38:09.980]  and they failed at that.
[01:38:09.980 --> 01:38:14.420]  And then again, MERS popped into the record and said, we're signing and transferring the
[01:38:14.420 --> 01:38:19.340]  note of deed of trust to Wells Fargo, and then MERS disappeared again, then they did
[01:38:19.340 --> 01:38:23.700]  another foreclosure, appointment of substitute trustee, sold the house to a third party.
[01:38:23.700 --> 01:38:29.800]  So I'm not sure firing MERS at this point, it seems like in my situation it would be
[01:38:29.800 --> 01:38:31.940]  more of an uphill battle.
[01:38:31.940 --> 01:38:39.300]  I do understand that if you can invalidate any link in the chain, it opens up a can of
[01:38:39.300 --> 01:38:42.740]  worms form anywhere.
[01:38:42.740 --> 01:38:47.100]  Which actually brings me to my next question.
[01:38:47.100 --> 01:38:54.900]  Your petition for declaratory judgment that I've seen relates to the appointment of substitute
[01:38:54.900 --> 01:38:56.300]  trustee by MERS.
[01:38:56.300 --> 01:38:59.820]  But in my case, MERS didn't do that.
[01:38:59.820 --> 01:39:04.740]  The only thing they did was an assignment of note of deed of trust.
[01:39:04.740 --> 01:39:09.420]  So I mean, could I not just reconstruct that to attack the assignment?
[01:39:09.420 --> 01:39:10.420]  Get a declaratory...
[01:39:10.420 --> 01:39:11.420]  Of course.
[01:39:11.420 --> 01:39:12.420]  Of course.
[01:39:12.420 --> 01:39:13.420]  Just change it from MERS to whoever.
[01:39:13.420 --> 01:39:14.420]  Okay.
[01:39:14.420 --> 01:39:17.820]  Yeah, that's kind of what I was thinking.
[01:39:17.820 --> 01:39:23.540]  I just wanted to make sure because I know if you can break, if you can attack any link
[01:39:23.540 --> 01:39:25.780]  anywhere in the chain, the whole thing falls apart.
[01:39:25.780 --> 01:39:29.060]  So I think that's what I'm going to do in my case.
[01:39:29.060 --> 01:39:30.060]  Okay.
[01:39:30.060 --> 01:39:38.820]  Have you contacted your hazard insurance carrier to see if you can get evidence of all of the
[01:39:38.820 --> 01:39:42.420]  entities named as beneficiaries?
[01:39:42.420 --> 01:39:43.720]  I have.
[01:39:43.720 --> 01:39:50.860]  And that's actually, even though the property has been sold to a third entity, it's still
[01:39:50.860 --> 01:39:51.860]  Wells Fargo.
[01:39:51.860 --> 01:39:58.500]  They tried to do the force placed insurance a while back, and I did contact them and they
[01:39:58.500 --> 01:40:01.780]  basically said, we are not giving you squat.
[01:40:01.780 --> 01:40:11.300]  Wait a minute, I don't understand what that meant.
[01:40:11.300 --> 01:40:18.460]  Well, okay, when I started fighting at Wells Fargo, I haven't made any payments on my property
[01:40:18.460 --> 01:40:26.980]  since March of 2009, and eventually I got a letter saying, hey, you haven't paid your
[01:40:26.980 --> 01:40:34.180]  property insurance, and therefore we are putting our own policy on it, and now you owe us all
[01:40:34.180 --> 01:40:38.780]  this money in arrears for us putting our policy.
[01:40:38.780 --> 01:40:44.680]  It's an insurance policy that's through a division of Wells Fargo itself.
[01:40:44.680 --> 01:40:52.360]  So since I've been fighting with them so long, and when they sold the property, the new owner
[01:40:52.360 --> 01:40:58.300]  of the property never did get new property insurance.
[01:40:58.300 --> 01:41:02.700]  It's still under the policy that Wells Fargo forced into place.
[01:41:02.700 --> 01:41:06.420]  So when I called Wells Fargo and said, I need to get some information on this insurance
[01:41:06.420 --> 01:41:10.300]  policy, they looked in the records and saw that I've been a thorn in their side for the
[01:41:10.300 --> 01:41:15.580]  last four or five years, and they basically said, we're not telling you anything.
[01:41:15.580 --> 01:41:19.780]  Oh, then you need to ask for that in discovery.
[01:41:19.780 --> 01:41:23.420]  Yeah, I will.
[01:41:23.420 --> 01:41:25.500]  You know, leading up to it.
[01:41:25.500 --> 01:41:30.900]  Okay, so yeah, those are, I mean, I just wanted to clarify those things, and now to shift
[01:41:30.900 --> 01:41:39.500]  gears a little bit, I want to get your take on, have you heard of TEX file, T-E-X-F-I-L-E?
[01:41:39.500 --> 01:41:40.500]  No.
[01:41:40.500 --> 01:41:41.500]  Okay.
[01:41:41.500 --> 01:41:46.580]  I was doing some digging around on the Tarrant County clerk's website today, and I found
[01:41:46.580 --> 01:41:58.940]  a notice in there that as of January 1st, 2014, they are now going to be, for all civil
[01:41:58.940 --> 01:42:05.840]  and family district court cases that are filed, they are going to require mandatory electronic
[01:42:05.840 --> 01:42:11.660]  filing like the federal courts have, which I thought, you know, at first I thought would
[01:42:11.660 --> 01:42:15.180]  be great because I've actually talked with the clerks and the court coordinators, you
[01:42:15.180 --> 01:42:18.580]  know, when are you guys going to get electronic filing, and they said, well, we're pushing
[01:42:18.580 --> 01:42:19.580]  for it.
[01:42:19.580 --> 01:42:23.940]  So, initially, it looked like a good thing, but I did some research into it.
[01:42:23.940 --> 01:42:31.660]  There's a company out of California called Tyler Technologies that has developed a court
[01:42:31.660 --> 01:42:34.580]  electronic filing system.
[01:42:34.580 --> 01:42:40.860]  The Texas Office of Court Administration and the Supreme Court have put out some mandates.
[01:42:40.860 --> 01:42:46.820]  Eventually, by 2016 at the very latest, all of Texas is going to be using this system,
[01:42:46.820 --> 01:42:51.780]  and all of the courts are going to try to force you to go through this electronic filing
[01:42:51.780 --> 01:42:57.460]  system that you have to pay, and this is a third party private for-profit company out
[01:42:57.460 --> 01:42:59.580]  of California that runs the system.
[01:42:59.580 --> 01:43:03.460]  So, you have to pay them a fee for everything that you file in addition to whatever the
[01:43:03.460 --> 01:43:10.940]  court charges, and so the courts are going to force you to use this private third party's
[01:43:10.940 --> 01:43:16.180]  system before they will accept any filings from you, and they also do not give away to
[01:43:16.180 --> 01:43:21.940]  file, for example, if you need to file something, you know, along with an affidavit of inability
[01:43:21.940 --> 01:43:25.740]  to pay or a popper's affidavit, they don't give you any option for that.
[01:43:25.740 --> 01:43:27.820]  So, I wanted to get your take on that.
[01:43:27.820 --> 01:43:33.540]  That seems to me like, you know, if the court tries to force you to go use a third party's
[01:43:33.540 --> 01:43:40.340]  system, I hear the music coming up there, but you've got a break.
[01:43:40.340 --> 01:43:45.300]  Okay, they may be able to force you to use it, they can't force you to pay for it.
[01:43:45.300 --> 01:43:50.540]  Okay, hang on, this is Randy Kelton, Deborah Stevens, Rule of Law Radio, and we'll be right
[01:43:50.540 --> 01:43:51.860]  back on the other side.
[01:43:51.860 --> 01:43:55.420]  We've got one segment left, and we'll try to move quickly.
[01:43:55.420 --> 01:43:56.980]  We've got a whole stack of callers.
[01:43:56.980 --> 01:44:01.340]  If you don't get to it, don't worry about it.
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[01:46:21.540 --> 01:46:26.240]  Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Johnny
[01:46:26.240 --> 01:46:27.240]  in Texas.
[01:46:27.240 --> 01:46:30.380]  Johnny, I really need to move along.
[01:46:30.380 --> 01:46:36.620]  If we have more questions, either give me a call tomorrow night or call me directly.
[01:46:36.620 --> 01:46:39.820]  Yep, I'll call in another day.
[01:46:39.820 --> 01:46:40.820]  Okay.
[01:46:40.820 --> 01:46:41.820]  Thank you, John.
[01:46:41.820 --> 01:46:45.860]  Okay, now we're going to go to Angie in Mississippi.
[01:46:45.860 --> 01:46:48.020]  Hello, Angie.
[01:46:48.020 --> 01:46:49.020]  Sir.
[01:46:49.020 --> 01:46:51.020]  Hey, Randy.
[01:46:51.020 --> 01:46:55.100]  There we go.
[01:46:55.100 --> 01:46:56.100]  What do you have for us tonight?
[01:46:56.100 --> 01:47:03.700]  Well, I know Joseph spoke with you, I want to say it was last month concerning the foreclosure
[01:47:03.700 --> 01:47:04.700]  at hand.
[01:47:04.700 --> 01:47:15.300]  I still don't have a sale date, but we found some new discoveries, also sent the complaint
[01:47:15.300 --> 01:47:18.860]  that we were working on, which we have not yet filed that.
[01:47:18.860 --> 01:47:21.900]  It's not complete at this time.
[01:47:21.900 --> 01:47:26.740]  Wait a minute, I'm kind of lost here.
[01:47:26.740 --> 01:47:30.220]  You said you didn't have a salesman?
[01:47:30.220 --> 01:47:32.220]  A sale date.
[01:47:32.220 --> 01:47:35.220]  Oh, a sale date.
[01:47:35.220 --> 01:47:37.220]  Oh, okay.
[01:47:37.220 --> 01:47:43.060]  So you have a notice of default and a notice of intent to sell?
[01:47:43.060 --> 01:47:45.860]  No, that would have a date on it.
[01:47:45.860 --> 01:47:46.860]  Okay.
[01:47:46.860 --> 01:47:50.940]  What is the condition of your mortgage at the moment?
[01:47:50.940 --> 01:48:00.860]  The condition is, it's an active foreclosure, but there is no foreclosure date.
[01:48:00.860 --> 01:48:07.300]  What we've actually discovered recently in reference to the deed of trust, when I purchased
[01:48:07.300 --> 01:48:12.740]  the home in 2008, of course, there's the original deed of trust from bank number one, which
[01:48:12.740 --> 01:48:27.540]  I purchased from, and in 2009, I started paying another bank, so since then, I've been paying
[01:48:27.540 --> 01:48:36.300]  another bank, but the other corporate assignment of deed of trust with that bank was only put
[01:48:36.300 --> 01:48:46.140]  in to the kind of recorder's office August of last year, and the original deed of trust...
[01:48:46.140 --> 01:48:48.980]  Wait a minute, wait a minute, wait a minute.
[01:48:48.980 --> 01:48:52.340]  I'm not able to keep up with this.
[01:48:52.340 --> 01:49:01.060]  I really need, and this is too complex to do on the air, I don't know what dates refer
[01:49:01.060 --> 01:49:08.020]  to what, when they started collecting, when the notice was filed, did you raise any objection
[01:49:08.020 --> 01:49:12.260]  to it, did you file a qualified written request, there's way too many questions.
[01:49:12.260 --> 01:49:15.740]  Well, that's what we're working on.
[01:49:15.740 --> 01:49:17.940]  Let me tell you this real quick.
[01:49:17.940 --> 01:49:28.820]  The original deed of trust, well, the assignment of deed of trust, okay, the notary and MERS,
[01:49:28.820 --> 01:49:37.260]  which the assistant secretary both work for the bank, and both have switched roles, and
[01:49:37.260 --> 01:49:42.940]  one even prepared a deed of trust document once for this particular bank, and both are
[01:49:42.940 --> 01:49:48.740]  notaries at the same office building, and the notaries have refused to provide the evidence
[01:49:48.740 --> 01:49:49.740]  of authentication.
[01:49:49.740 --> 01:49:59.060]  And also, MERS doesn't have any beneficial interest to transfer to the foreclosing bank.
[01:49:59.060 --> 01:50:05.340]  Okay, the beneficial interest thing on MERS is a lot harder to adjudicate.
[01:50:05.340 --> 01:50:08.220]  There may be some easier things.
[01:50:08.220 --> 01:50:15.620]  If you have requested evidence of authentication from the notaries and have not received it,
[01:50:15.620 --> 01:50:24.460]  file a notice of default on deed of trust in the, on the document of, I'm sorry, let
[01:50:24.460 --> 01:50:26.820]  me back up.
[01:50:26.820 --> 01:50:36.740]  What documents do you not have evidence of authentication for?
[01:50:36.740 --> 01:50:38.740]  You said there were two.
[01:50:38.740 --> 01:50:39.740]  Yes.
[01:50:39.740 --> 01:50:41.780]  Well, the original deed of trust.
[01:50:41.780 --> 01:50:42.780]  What documents?
[01:50:42.780 --> 01:50:48.700]  And no, it's the corporate assignment of deed of trust.
[01:50:48.700 --> 01:50:55.900]  Okay, file a notice in the record.
[01:50:55.900 --> 01:50:59.340]  Send me an email and I'll send you these documents that I've put together.
[01:50:59.340 --> 01:51:10.660]  One of them has a notice of rescission of corporate acknowledge, corporate, corporate
[01:51:10.660 --> 01:51:11.660]  acknowledge.
[01:51:11.660 --> 01:51:12.660]  What is it?
[01:51:12.660 --> 01:51:15.780]  I keep losing words tonight for some reason.
[01:51:15.780 --> 01:51:17.380]  A corporate assignment.
[01:51:17.380 --> 01:51:18.380]  Ouch.
[01:51:18.380 --> 01:51:19.380]  Okay.
[01:51:19.380 --> 01:51:24.780]  It's one for notice of rescission of corporate assignment.
[01:51:24.780 --> 01:51:35.100]  File that in the record stating that that assignment is void.
[01:51:35.100 --> 01:51:39.580]  If you have, do you have MERS mentioned in the deed of trust?
[01:51:39.580 --> 01:51:48.980]  Actually, the Mississippi law says that the record in the, for the deed of trust must
[01:51:48.980 --> 01:51:49.980]  lift the beneficiary.
[01:51:49.980 --> 01:51:51.980]  But since the deed of trust...
[01:51:51.980 --> 01:51:52.980]  Wait a minute.
[01:51:52.980 --> 01:51:56.900]  I'm having a lot of trouble understanding you all of a sudden.
[01:51:56.900 --> 01:51:57.900]  Okay.
[01:51:57.900 --> 01:51:58.900]  Anyway...
[01:51:58.900 --> 01:52:03.260]  It sounds like you dropped a microphone in a glass of water.
[01:52:03.260 --> 01:52:09.340]  I'm not sure why, but yes sir, MERS is mentioned.
[01:52:09.340 --> 01:52:14.820]  It is mentioned as the beneficiary.
[01:52:14.820 --> 01:52:15.820]  Okay.
[01:52:15.820 --> 01:52:19.740]  MERS is mentioned in the deed of trust.
[01:52:19.740 --> 01:52:20.740]  Okay.
[01:52:20.740 --> 01:52:22.540]  Yes sir.
[01:52:22.540 --> 01:52:29.260]  You need to file a notice of default on the deed of trust.
[01:52:29.260 --> 01:52:31.620]  I'll send you these documents.
[01:52:31.620 --> 01:52:38.860]  You file a notice of default and a notice that MERS is removed as nominee for the lender.
[01:52:38.860 --> 01:52:41.500]  Okay.
[01:52:41.500 --> 01:52:48.820]  What we're saying is that since you appointed MERS to be an agent for the lender, then you
[01:52:48.820 --> 01:52:54.780]  have the power to fire MERS as agent for the lender.
[01:52:54.780 --> 01:52:59.300]  So if the lender comes back and says, oh, wait a minute, you can't fire my agent.
[01:52:59.300 --> 01:53:05.980]  We'll say, well, if we couldn't fire him, then we couldn't hire him in the first place.
[01:53:05.980 --> 01:53:10.300]  So everything he's done is void as a matter of course.
[01:53:10.300 --> 01:53:12.380]  It puts him in an untenable position.
[01:53:12.380 --> 01:53:16.600]  They screwed up on the deed of trust and now we take them to task for it.
[01:53:16.600 --> 01:53:24.060]  This will almost certainly stop them in their tracks as far as them moving ahead to foreclosure
[01:53:24.060 --> 01:53:27.060]  and give you time to go after them.
[01:53:27.060 --> 01:53:33.460]  You might want to contact me, send me an email, I might want to get you with David and he'll
[01:53:33.460 --> 01:53:36.160]  explain to you what some of your options are.
[01:53:36.160 --> 01:53:43.060]  Have you filed anything, have you sued them in any way to stop the foreclosure?
[01:53:43.060 --> 01:53:45.180]  No, sir.
[01:53:45.180 --> 01:53:51.020]  Actually the complaint that we were working on that I had sent to you previously, we have
[01:53:51.020 --> 01:53:55.940]  not finished that up and submitted it yet.
[01:53:55.940 --> 01:53:57.220]  You sent me a complaint.
[01:53:57.220 --> 01:54:00.380]  If you do, I don't recall.
[01:54:00.380 --> 01:54:01.820]  You might want to send it to me again.
[01:54:01.820 --> 01:54:14.460]  I get about a hundred emails a day and I'm old, I'm old, I sleep and therefore I forget.
[01:54:14.460 --> 01:54:19.860]  We appreciate all the help that you've been given to many of us and you've helped us a
[01:54:19.860 --> 01:54:20.860]  great deal.
[01:54:20.860 --> 01:54:22.860]  We appreciate it so much.
[01:54:22.860 --> 01:54:23.860]  Okay.
[01:54:23.860 --> 01:54:24.860]  Send me another copy.
[01:54:24.860 --> 01:54:29.740]  I'll look at it in the morning and I'll send you these documents.
[01:54:29.740 --> 01:54:31.980]  Do you have a Skype address?
[01:54:31.980 --> 01:54:32.980]  Nevermind.
[01:54:32.980 --> 01:54:35.740]  I'll email them to you in the morning.
[01:54:35.740 --> 01:54:44.700]  Also about declaratory judgment, how do you do that?
[01:54:44.700 --> 01:54:47.700]  These avoid declaratory judgment.
[01:54:47.700 --> 01:54:54.380]  This forces them to have to petition for declaratory judgment.
[01:54:54.380 --> 01:54:58.860]  So it takes the burden off of us, it kind of switches things around on them, but I only
[01:54:58.860 --> 01:54:59.860]  have a few minutes left.
[01:54:59.860 --> 01:55:01.780]  I got about three callers.
[01:55:01.780 --> 01:55:06.500]  If you will contact, you send me an email in the morning, I will send you a contact
[01:55:06.500 --> 01:55:07.500]  number.
[01:55:07.500 --> 01:55:08.500]  Okay.
[01:55:08.500 --> 01:55:09.500]  Thank you so much.
[01:55:09.500 --> 01:55:10.980]  I appreciate your help.
[01:55:10.980 --> 01:55:11.980]  You are welcome.
[01:55:11.980 --> 01:55:12.980]  Okay.
[01:55:12.980 --> 01:55:15.700]  We've probably got time for one more.
[01:55:15.700 --> 01:55:17.660]  We've got Dave in Texas.
[01:55:17.660 --> 01:55:18.660]  Okay.
[01:55:18.660 --> 01:55:21.020]  What do you have for us, Dave?
[01:55:21.020 --> 01:55:22.260]  Randy, good evening.
[01:55:22.260 --> 01:55:30.220]  I had another JP experience today in Denton County, and my strategy today was I was supposed
[01:55:30.220 --> 01:55:39.060]  to have a jury trial, but I wanted to file a case in district court and include the JP
[01:55:39.060 --> 01:55:42.940]  judge, so we did not have this hearing today.
[01:55:42.940 --> 01:55:50.420]  But last week when I was in JP precinct 4, there was a sign on the wall, and that sign
[01:55:50.420 --> 01:55:58.620]  clearly stated that any recording in the courtroom will be a $100 fine or three days in jail.
[01:55:58.620 --> 01:56:04.340]  To me, that seemed like official oppression charges.
[01:56:04.340 --> 01:56:05.340]  Absolutely.
[01:56:05.340 --> 01:56:10.460]  You need to file criminal charges against the judge.
[01:56:10.460 --> 01:56:12.340]  I did.
[01:56:12.340 --> 01:56:15.460]  Did you hear the beginning of the show?
[01:56:15.460 --> 01:56:16.460]  Yes.
[01:56:16.460 --> 01:56:17.460]  Okay.
[01:56:17.460 --> 01:56:23.020]  So you essentially that process, go to the sheriff's department and file a complaint
[01:56:23.020 --> 01:56:24.800]  against the JP.
[01:56:24.800 --> 01:56:27.380]  Are you familiar with the Glick decision?
[01:56:27.380 --> 01:56:28.380]  I am.
[01:56:28.380 --> 01:56:29.380]  Okay.
[01:56:29.380 --> 01:56:34.500]  Take the case, go to the sheriff, make your case to the sheriff.
[01:56:34.500 --> 01:56:40.700]  I would not suggest at this point a criminal complaint to the sheriff.
[01:56:40.700 --> 01:56:47.100]  What you want to do is file a criminal complaint against the sheriff with the district attorney.
[01:56:47.100 --> 01:56:53.560]  So first go to the sheriff with a complaint against the JP for official oppression, send
[01:56:53.560 --> 01:57:01.380]  a letter to the judge of the commissioner's court notifying him that you have been denied
[01:57:01.380 --> 01:57:13.280]  in your due process right to a public court and you have been harmed, make up some number.
[01:57:13.280 --> 01:57:21.700]  Due process is harm per se, and you decide how valuable your rights are to you.
[01:57:21.700 --> 01:57:24.140]  For me, mine are very valuable.
[01:57:24.140 --> 01:57:25.140]  Absolutely.
[01:57:25.140 --> 01:57:27.740]  I'm a combat veteran.
[01:57:27.740 --> 01:57:30.540]  I paid big time for my rights.
[01:57:30.540 --> 01:57:33.460]  So for me, they're really valuable.
[01:57:33.460 --> 01:57:36.340]  The amount you claim is kind of up to you.
[01:57:36.340 --> 01:57:42.580]  Well, when you filed that document with the clerk today, the funny thing was immediately
[01:57:42.580 --> 01:57:46.100]  I didn't even make it in the courtroom today.
[01:57:46.100 --> 01:57:47.660]  They stopped everything.
[01:57:47.660 --> 01:57:48.660]  Oh.
[01:57:48.660 --> 01:57:49.660]  Yeah.
[01:57:49.660 --> 01:57:56.260]  Matter of fact, the clerks didn't even come back to tell me that we're not going to have
[01:57:56.260 --> 01:57:57.260]  a hearing.
[01:57:57.260 --> 01:58:02.540]  They sent two officers out to tell me this.
[01:58:02.540 --> 01:58:05.980]  Two of them, huh?
[01:58:05.980 --> 01:58:09.300]  Is this a judge who put you in jail for contempt?
[01:58:09.300 --> 01:58:11.580]  Pardon?
[01:58:11.580 --> 01:58:14.860]  Is this a judge that jailed you for contempt?
[01:58:14.860 --> 01:58:15.860]  No.
[01:58:15.860 --> 01:58:16.860]  Oh, okay.
[01:58:16.860 --> 01:58:17.860]  No.
[01:58:17.860 --> 01:58:18.860]  Okay.
[01:58:18.860 --> 01:58:19.860]  I am sorry.
[01:58:19.860 --> 01:58:20.860]  We are completely out of time.
[01:58:20.860 --> 01:58:22.180]  Can you give us a call tomorrow night?
[01:58:22.180 --> 01:58:24.180]  I would love to.
[01:58:24.180 --> 01:58:25.180]  Okay.
[01:58:25.180 --> 01:58:26.180]  Thank you.
[01:58:26.180 --> 01:58:27.740]  And Tommy, I'm sorry we couldn't get to you.
[01:58:27.740 --> 01:58:28.740]  We're out of time.
[01:58:28.740 --> 01:58:29.740]  Give us a call tomorrow night.
[01:58:29.740 --> 01:58:31.700]  We do a four hour show.
[01:58:31.700 --> 01:58:34.220]  We should be able to get to you.
[01:58:34.220 --> 01:58:37.100]  Thank you all for listening.
[01:58:37.100 --> 01:58:41.780]  We will be back tomorrow at eight o'clock central.
[01:58:41.780 --> 01:58:43.180]  We'll do a four hour show.
[01:58:43.180 --> 01:58:47.500]  Deborah and Eddie will be back Monday on the traffic show.
[01:58:47.500 --> 01:58:50.740]  Thank you all for listening and good night.
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