ROL_2013-09-20_16k_Hr3-4.timecode
[00:00.000 --> 00:15.000] You're listening to the Liberty Beat, your daily source for Liberty news and activist updates, online at TheLibertyBeat.com.
[00:15.000 --> 00:17.000] This is Justin Armand.
[00:17.000 --> 00:19.000] And this is Jessica Armand.
[00:19.000 --> 00:24.000] Here with your Liberty Beat for Friday, September 20, 2013.
[00:24.000 --> 00:36.000] Gold opened today at $1,365, silver at $23.04, and Bitcoin is trading at $124.46.
[00:36.000 --> 00:44.000] Support for the Liberty Beat comes from the first annual education conference being held on October 12 in Austin, Texas.
[00:44.000 --> 00:47.000] If you are a parent, this is an event you do not want to miss.
[00:47.000 --> 00:51.000] Register today at parentsforliberty.org.
[00:51.000 --> 00:52.000] And now the news.
[00:52.000 --> 00:57.000] A new federal document includes conspiracy theories as a sign of terrorist activity.
[00:57.000 --> 01:06.000] The document entitled Potential Indicators for Terrorist Activities Related to Sleepers was released by the Bureau of Justice Assistance,
[01:06.000 --> 01:09.000] a branch of the United States Department of Justice.
[01:09.000 --> 01:15.000] Circulated to various law enforcement agencies across the nation, the document states that conspiracy theories,
[01:15.000 --> 01:20.000] including those involving 9-11, could be a sign of membership in a terrorist sleeper cell.
[01:20.000 --> 01:28.000] It additionally contains wording that those who oppose American foreign policy could also fall into the terrorist category.
[01:28.000 --> 01:36.000] An ACLU report entitled Unleashed and Unaccountable describes the FBI as a secret domestic intelligence agency
[01:36.000 --> 01:45.000] that has regularly overstepped the law, infringing on Americans' constitutional rights while overzealously pursuing its domestic security mission.
[01:45.000 --> 01:53.000] A family in Germany just received their four children back that were removed weeks ago from their parents' home for the crime of homeschooling.
[01:53.000 --> 02:00.000] Faced with permanently losing their children, Dirk and Petra Wunterlich were forced to agree to send their children to a German state public school.
[02:00.000 --> 02:05.000] Dozens of supporters gathered outside the courthouse to show solidarity with the Wunterlich family.
[02:05.000 --> 02:09.000] Germany outlawed homeschooling during the unification of the state in 1871.
[02:09.000 --> 02:13.000] However, Hitler created harsh penalties for families that did not comply with the law.
[02:13.000 --> 02:15.000] These penalties are still in place today.
[02:15.000 --> 02:21.000] In Portland, Oregon, government schools were locking children in padded cells without parental knowledge or consent.
[02:21.000 --> 02:31.000] A mother became so outraged that a new state law was passed, prohibiting schools from purchasing or using free-standing seclusion cells, or isolation booths, as they are called.
[02:31.000 --> 02:36.000] As the new regulations are taking effect, schools are scrambling for a way around the provisions,
[02:36.000 --> 02:40.000] so they can continue to place students in solitary confinement at their discretion.
[02:40.000 --> 02:48.000] School administrators are defending isolation cells, stating that they have therapeutic purposes for some children.
[02:48.000 --> 03:16.000] You've been listening to the Liberty Beat. Remember, freeing your mind is freeing our world.
[03:16.000 --> 03:20.000] Well, I received my remedy today.
[03:20.000 --> 03:24.000] It came in a box, just like they say.
[03:24.000 --> 03:27.000] I accepted it for value right away.
[03:27.000 --> 03:31.000] It's not through her, not later.
[03:31.000 --> 03:39.000] We are originators, and the pathway seems to get straighter every day.
[03:39.000 --> 03:46.000] And I can take anything that belongs to me and put it to good use.
[03:46.000 --> 03:52.000] Well, I was good for the gander, going to work for the goose.
[03:52.000 --> 04:00.000] Hi, this is Joe Esquivel, Randy Kelton, Debra Stevens, Rule of Law Radio, and we're talking with Mark.
[04:00.000 --> 04:08.000] So, Mark, give me a little bit more as to the question so I can be specific in answering it for you.
[04:08.000 --> 04:12.000] Okay. I misspoke. I said my wife and I signed the assignment of mortgage.
[04:12.000 --> 04:17.000] We did not sign the assignment, but it happened on the same day that we executed the note and mortgage.
[04:17.000 --> 04:18.000] My question is...
[04:18.000 --> 04:24.000] Okay. All right. So now let me ask you this. Are you with the GSE?
[04:24.000 --> 04:27.000] Fannie Mae, ultimately it was Fannie Mae that has it.
[04:27.000 --> 04:34.000] The only way I found that out is when we reserved a complaint that says Fannie Mae is the owner of this note and Chase.
[04:34.000 --> 04:40.000] Oh, that's easy. All right. Okay. Here's what happened.
[04:40.000 --> 04:47.000] Many times in certain states, an assignment is created at closing.
[04:47.000 --> 05:07.000] All right. Now, so at closing, they do an assignment or let me rephrase that. They do not do an assignment. They create a document informed suitable for recording pursuant to local laws of the county recorder's office for your jurisdiction.
[05:07.000 --> 05:13.000] However, it is not filed of record.
[05:13.000 --> 05:23.000] And that is what is in many of these closing documents, stacking orders, right? Because you have about 80 documents that you go through and sign.
[05:23.000 --> 05:24.000] Right.
[05:24.000 --> 05:39.000] And many times when the lender, say you're with a small mom and pop lender, they've already agreed to sell your loan to say JP Morgan Chase.
[05:39.000 --> 05:48.000] And then JP Morgan Chase already knows it's going to bundle it with the hundreds of other loans that it has scheduled to sell to Fannie Mae.
[05:48.000 --> 05:58.000] So, as Randy had mentioned many times, there is already a presumption of what is going to happen.
[05:58.000 --> 06:09.000] However, there is very seldom filed of record at the county recorder's office, an assignment made to Fannie Mae.
[06:09.000 --> 06:18.000] As very seldom you will see Fannie Mae listed on the payee line of the tangible promissory note.
[06:18.000 --> 06:25.000] Because within Fannie Mae's own guidelines, they state what they are purchasing.
[06:25.000 --> 06:32.000] It states that the note shall not be endorsed to Fannie Mae.
[06:32.000 --> 06:34.000] An assignment shall not be made to Fannie Mae.
[06:34.000 --> 06:47.000] If you look at any of my infographics that I've created that are on my Scrib page over on Scrib.com under mortgage compliance investigators,
[06:47.000 --> 07:02.000] we've got all sorts of infographics and it shows, I put in the exact verbiage for Fannie Mae, Freddie Mac, in which they state that a document is to be made.
[07:02.000 --> 07:12.000] An assignment is to be made in recordable form. Recordable form means that the paper is to conform within the county recorder's format.
[07:12.000 --> 07:26.000] But it is not filed of record. So until it is filed of record, that document that purports to be an assignment is not an assignment. Does that make sense?
[07:26.000 --> 07:47.000] Yes, it does. So then when it ultimately gets assigned to Chase in this case, because that happened last December, Chase has been my servicer for about nine years and there was a mortgage to them. Does that mean that since there was already an assignment created that the one to Chase is illegal or null?
[07:47.000 --> 07:59.000] Again, here's the whole purpose of an assignment is to memorialize the sale of the tangible promissory note. So they did an assignment to Chase, JP Morgan Chase, because they're the servicer.
[07:59.000 --> 08:13.000] JP Morgan Chase is going to come forth with an action saying we are acting on behalf of the holder of the note or the owner of the note.
[08:13.000 --> 08:25.000] They're not coming forth in a capacity as they are claiming ownership. They are claiming to be acting on behalf of someone else.
[08:25.000 --> 08:44.000] However, if you look at the assignment as to what it is to memorialize, it's to memorialize the sale. Now, when it says together with the note in all principal interest, which many times says it has corporate assignments.
[08:44.000 --> 08:51.000] All right. Are they talking about the E note? Are they talking about the E mortgage? There is no specificity.
[08:51.000 --> 09:07.000] So there is just a presumption. But if there was to be an assignment to JP Morgan Chase, I would ask, all right, fine. So where is the negotiation transfer and delivery of the mortgage loan instrument as a whole?
[09:07.000 --> 09:27.000] Are they listed on the payee line of the tangible promissory note? Because if you were with Fannie Mae, there is an exact date that the payment and tangible obligation was sold to Fannie Mae.
[09:27.000 --> 09:42.000] So with that being said, having an exact date that Fannie Mae acquired an interest of your mortgage loan instrument, you would have had a timely fashion in which to have this recorded into public record.
[09:42.000 --> 09:58.000] And by operation of law, it would become an unsecured security interest if it was not recorded in a timely fashion as well as being properly negotiated. Does that help you?
[09:58.000 --> 10:16.000] It helps me. My question was, since Wachovia merged with Wells Fargo, so this mortgage was originally assigned MERS as not only for Wachovia. Shouldn't Wells Fargo also have an assignment somewhere in the record?
[10:16.000 --> 10:20.000] Correct. Correct.
[10:20.000 --> 10:21.000] Okay.
[10:21.000 --> 10:24.000] Their name should be on the note as well.
[10:24.000 --> 10:32.000] And I've pulled every document that's been recorded against my property since I took out this loan and there's no assignment to Wells.
[10:32.000 --> 10:40.000] There's no indication that Fannie owns this loan, even though they don't record notes, but there's no indication of any assignment of anything to Fannie Mae.
[10:40.000 --> 10:47.000] It's just in the summons and complaint that they're the owner of the note and Chase is the holder and Chase is filing the action.
[10:47.000 --> 11:04.000] And according to the Real Estate Settlement Procedures Act, any change in beneficial interest of the note is required to be noticed to the borrower within 30 days.
[11:04.000 --> 11:17.000] If they fail to do that, then they have breached Covenant 16 of the mortgage and rendered the mortgage unenforceable.
[11:17.000 --> 11:34.000] In addition, if you take a look at the consent orders by the top five banks and JP Morgan Chase was one of those banks, it was stated that they do not have authority to foreclose.
[11:34.000 --> 11:35.000] It's going to be interesting.
[11:35.000 --> 11:38.000] Where are these consent orders?
[11:38.000 --> 11:40.000] I'll send you a few.
[11:40.000 --> 11:43.000] Good. Good.
[11:43.000 --> 11:52.000] I'm going to court October 3rd for the second time. On the first hearing, September 3rd, the judge, when I brought the point up that I have the right to examine the note and mortgage,
[11:52.000 --> 11:59.000] the judge agreed and postponed this for 30 days so I could see if the attorney left the courtroom saying, we have the note and the mortgage.
[11:59.000 --> 12:03.000] And the judge said, well, arrange time for Mark to do that.
[12:03.000 --> 12:09.000] So when I called to arrange time, the attorney that answered the phone said, I'm sorry, we don't have the note and mortgage.
[12:09.000 --> 12:10.000] We've ordered it.
[12:10.000 --> 12:12.000] It should be in our office any day now.
[12:12.000 --> 12:15.000] Well, it finally did show up and I examined it.
[12:15.000 --> 12:17.000] Do you have a copy?
[12:17.000 --> 12:19.000] Yeah, even if it's a photocopy.
[12:19.000 --> 12:23.000] I mean, that's perfect because it does not matter.
[12:23.000 --> 12:32.000] Even if they say this is a certified copy, because again, they're going to evidence it into public record, into court record.
[12:32.000 --> 12:37.000] I'm sorry, not public record, that this is a true and correct copy of the note as it exists today.
[12:37.000 --> 12:47.000] So you are going to attack that copy that they exhibit to be a true and correct copy, and Fannie Mae's name will not be on that note.
[12:47.000 --> 12:48.000] Definitely not.
[12:48.000 --> 12:55.000] It'll say, pay to the order of, with an as of yet unnamed payee, without recourse.
[12:55.000 --> 13:00.000] I'm not an expert document examiner, but the documents I did look at, the note and the mortgage,
[13:00.000 --> 13:10.000] appeared to have the original signatures of my wife and I, there was a blue signature, blue ink signature of a member of the pretender lender.
[13:10.000 --> 13:14.000] And they did give me just the photocopies of all the documents.
[13:14.000 --> 13:15.000] Okay.
[13:15.000 --> 13:16.000] Wait a minute.
[13:16.000 --> 13:19.000] Pretender lender signed it at closing?
[13:19.000 --> 13:21.000] Yes, that's another point.
[13:21.000 --> 13:25.000] Pretender lender signed.
[13:25.000 --> 13:28.000] Did you see him sign it at closing?
[13:28.000 --> 13:37.000] Well, it was 10 years ago, it was 2002, so I'm not going to testify to anything with any, you know, confidence.
[13:37.000 --> 13:42.000] Do you remember seeing him sign it?
[13:42.000 --> 13:43.000] No, I don't.
[13:43.000 --> 13:45.000] That'll work.
[13:45.000 --> 13:53.000] Was there any stampings on the copy or on the note that you looked at?
[13:53.000 --> 13:54.000] There was a stamping.
[13:54.000 --> 13:56.000] In fact, you guys have all those documents.
[13:56.000 --> 14:08.000] There was a stamping like an endorsement stamping that they hand wrote void on it and then attached in a lodge over to Wachovia.
[14:08.000 --> 14:18.000] And then there was a separate assignment of mortgage to MERS as nominees for Wachovia.
[14:18.000 --> 14:21.000] Okay.
[14:21.000 --> 14:26.000] And I sent all that stuff to Billy, and I sent him the copies of the notes.
[14:26.000 --> 14:37.000] When I went to view the quote-unquote original, I asked the attorney, is there any verification, any authentication, anybody willing to sign an affidavit that this is the truth?
[14:37.000 --> 14:42.000] Then she went off on a tangent about, well, I'm going to document examine it, I'm going to examine your signature, blah, blah, blah.
[14:42.000 --> 14:48.000] Anyway, she made me copies of those documents, which I also forwarded to Billy.
[14:48.000 --> 14:51.000] All right. Well, then I'm sure I'm going to see them.
[14:51.000 --> 14:54.000] If I haven't already, I think I actually have.
[14:54.000 --> 14:56.000] I'm not sure of your last name.
[14:56.000 --> 15:00.000] That's why I'm trying to go through my records I have in front of me right now.
[15:00.000 --> 15:01.000] Okay.
[15:01.000 --> 15:02.000] I have a suggestion.
[15:02.000 --> 15:15.000] The next time you go in and examine an original document, take a 35-millimeter camera with you and photograph it.
[15:15.000 --> 15:16.000] Okay.
[15:16.000 --> 15:30.000] Once you have it photographed, take it to one of these office places that can do a really deep scan of it, like 1600 DPI or 2000 DPI.
[15:30.000 --> 15:31.000] I love it.
[15:31.000 --> 15:36.000] Then look at that signature and see if you see little squary things in it.
[15:36.000 --> 15:38.000] Pixelation.
[15:38.000 --> 15:39.000] Okay.
[15:39.000 --> 15:42.000] A 35-millimeter will never pixelate.
[15:42.000 --> 15:51.000] Now, if they've done it with a real high-resolution laser printer, it'll be hard to detect.
[15:51.000 --> 16:06.000] But if you shoot it with a 35-millimeter camera and then do a 1600 or 2000 DPI and blow it up real high, I'm sorry, you'll be able to see this pixelation even if it is real high.
[16:06.000 --> 16:08.000] Mark, are you in Hartford?
[16:08.000 --> 16:09.000] Yes.
[16:09.000 --> 16:12.000] Okay.
[16:12.000 --> 16:15.000] I'm looking at your docs, so yes.
[16:15.000 --> 16:22.000] That is an incomplete stamping that they voided out.
[16:22.000 --> 16:26.000] And then you've got two endorsements.
[16:26.000 --> 16:33.000] You have one endorsement on the Elanj and you have an incomplete stamping on your Elanj as well.
[16:33.000 --> 16:34.000] All right.
[16:34.000 --> 16:39.000] I said to the attorney, what do you make of this one that's been voided out?
[16:39.000 --> 16:42.000] She said this is not discovery and there's no deposition.
[16:42.000 --> 16:43.000] We're having fun.
[16:43.000 --> 16:44.000] I'm having fun with yours.
[16:44.000 --> 16:45.000] I've already.
[16:45.000 --> 16:48.000] Yes, I do recognize it, so.
[16:48.000 --> 16:49.000] Okay.
[16:49.000 --> 16:50.000] Okay, hang on.
[16:50.000 --> 16:51.000] We'll be right back.
[16:51.000 --> 16:54.000] This is Randy Kelton, Deb Stevens, rule of our radio.
[16:54.000 --> 16:57.000] Our call-in number, 512-646-1984.
[16:57.000 --> 17:00.000] We'll be right back.
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[19:02.000 --> 19:12.000] You are listening to the Logos Radio Network, logosradionetwork.com.
[19:12.000 --> 19:20.000] Well, don't let nothing get to you. Only the Father can't deliver you. Don't let bad-minded people hurt you.
[19:20.000 --> 19:27.000] Until Satan gets behind you. Know what I mean, my friend?
[19:27.000 --> 19:29.000] And all of your children, come on.
[19:29.000 --> 19:44.000] Trust him, God, my friend. Tell him you're probably in pain. Calling his name once a day. Every day you know he won't stay in. Trust him, God, my friend.
[19:44.000 --> 19:51.000] Okay, we are back. Randy Kelton, Deborah Stevens, Joe Esquivel with Mark in Wisconsin.
[19:51.000 --> 19:55.000] And Mark, we were having fun over your documents over the break.
[19:55.000 --> 19:59.000] Go ahead, Joe. Just tell him what you found on there.
[19:59.000 --> 20:14.000] Well, I saw what Mark was talking about. And basically, they had placed a stamp parallel to Mark's name and his wife's name.
[20:14.000 --> 20:17.000] And then they wrote the voice.
[20:17.000 --> 20:19.000] It said, pay to the order of?
[20:19.000 --> 20:25.000] Pay to the order of with an as of yet unnamed payee without recourse.
[20:25.000 --> 20:26.000] All right.
[20:26.000 --> 20:30.000] So it looked like it was paid to the order of Mark and his wife.
[20:30.000 --> 20:57.000] Well, however, they took that exact stamp with the exact party's name of the Karen Davis, and they put it on a launch that they purport to have attached permanently to the note dated October 29 2002.
[20:57.000 --> 21:01.000] So, I mean, it's a stamp.
[21:01.000 --> 21:08.000] And it's an incomplete stamping because they give their intent Mark where it says pay to the order of.
[21:08.000 --> 21:12.000] All right, that falls under special endorsement.
[21:12.000 --> 21:15.000] This is order paper pay to the order of.
[21:15.000 --> 21:18.000] And then they place a restriction on it.
[21:18.000 --> 21:21.000] All right, without recourse.
[21:21.000 --> 21:28.000] So that means without warranties, they've given up all their liability.
[21:28.000 --> 21:43.000] The only problem is that until the payee is named pursuant to 3203C negotiation cannot take place.
[21:43.000 --> 21:52.000] So, yes, I am having fun with your documents and we are going to be doing a lot of fun things with this.
[21:52.000 --> 21:53.000] So I'm working on yours.
[21:53.000 --> 21:54.000] Yes.
[21:54.000 --> 21:56.000] Am I going to get a free house out of this?
[21:56.000 --> 21:57.000] Do you think, Joe?
[21:57.000 --> 21:59.000] It's not about a free house.
[21:59.000 --> 22:02.000] That's not what we do.
[22:02.000 --> 22:05.000] I provide facts.
[22:05.000 --> 22:18.000] And the facts that I produce are for, is this a proper party to come forth with this action?
[22:18.000 --> 22:20.000] Right.
[22:20.000 --> 22:25.000] The obligation would be addressed at another date, another venue.
[22:25.000 --> 22:27.000] You might not get a free house.
[22:27.000 --> 22:32.000] You just might not be able to pay for the one you have.
[22:32.000 --> 22:34.000] So you don't have anybody to pay.
[22:34.000 --> 22:39.000] I prepared an affidavit of interest that shows my security interest, including down payment,
[22:39.000 --> 22:44.000] the amount of payments I've made over the last 10 years, improvements, and then daily upkeep and maintenance,
[22:44.000 --> 22:47.000] and that comes to $1.1 million.
[22:47.000 --> 22:58.000] So I'm going to ask them to pay me for my security interest and they can have a house.
[22:58.000 --> 23:05.000] Yes, you have made a few payments.
[23:05.000 --> 23:06.000] Okay.
[23:06.000 --> 23:09.000] Do you have anything else for us, Mark?
[23:09.000 --> 23:11.000] No, you've covered it.
[23:11.000 --> 23:15.000] Oh, back to that Wachovia and merger with Wells Fargo.
[23:15.000 --> 23:19.000] I've been searching the last four days for some case law that specifically states...
[23:19.000 --> 23:21.000] Hold on just a second, Mark.
[23:21.000 --> 23:25.000] Are you on a wireless phone?
[23:25.000 --> 23:27.000] Yes.
[23:27.000 --> 23:31.000] I'm getting a real squeaky beeping behind you.
[23:31.000 --> 23:33.000] I get that a lot with wireless phones.
[23:33.000 --> 23:37.000] Do you have a standard handset?
[23:37.000 --> 23:38.000] No, I have it on speaker.
[23:38.000 --> 23:42.000] Let me take it off and see if that works.
[23:42.000 --> 23:44.000] Does that sound a little better?
[23:44.000 --> 23:46.000] Yeah, that sounds a lot better.
[23:46.000 --> 23:47.000] Okay.
[23:47.000 --> 23:53.000] Is there any case law I could step in searching the last four days where it specifically states somewhere
[23:53.000 --> 24:04.000] that Wells is required to record all these assignments of mortgage since they merged with Wachovia?
[24:04.000 --> 24:05.000] Or is that going to be part of the...
[24:05.000 --> 24:06.000] Yes.
[24:06.000 --> 24:07.000] Okay.
[24:07.000 --> 24:14.000] The way I've read the case law is when they merge, they become the same company.
[24:14.000 --> 24:26.000] However, the company whose name they don't use anymore has to assign it to the name that is used.
[24:26.000 --> 24:33.000] They'll try to come in and say that because we merged, we're the same company so we don't have to transfer.
[24:33.000 --> 24:40.000] But there was an assignment of mortgage from Wachovia.
[24:40.000 --> 24:42.000] Okay.
[24:42.000 --> 24:48.000] Yes, they did do an assignment in 2003.
[24:48.000 --> 24:59.000] And then they did a second assignment to JPMorgan Chase December 28, 2012.
[24:59.000 --> 25:00.000] Who did that?
[25:00.000 --> 25:02.000] Was it Wachovia did that?
[25:02.000 --> 25:17.000] On the first one, it was a one-choice mortgage assigned to MERS as nominee for Wachovia.
[25:17.000 --> 25:18.000] All right.
[25:18.000 --> 25:19.000] And then...
[25:19.000 --> 25:22.000] It happened the same day of the closing.
[25:22.000 --> 25:23.000] No.
[25:23.000 --> 25:33.000] It was done a year... it was done February 3, 2003, and you executed this October 29, 2002.
[25:33.000 --> 25:38.000] Yeah, the assignment was on then, but I think the recording actually happened in February of 2003.
[25:38.000 --> 25:39.000] Okay.
[25:39.000 --> 25:40.000] Correct.
[25:40.000 --> 25:52.000] Well, it's stated the date on here is November 7, 2002.
[25:52.000 --> 25:57.000] Okay, who did Wachovia assign it to?
[25:57.000 --> 26:01.000] Okay.
[26:01.000 --> 26:03.000] Actually, Wachovia did MERS.
[26:03.000 --> 26:10.000] The second assignment was from MERS as nominee for Wachovia to JPMorgan Chase.
[26:10.000 --> 26:12.000] In 2012?
[26:12.000 --> 26:13.000] Correct.
[26:13.000 --> 26:16.000] I don't think MERS existed in 2012.
[26:16.000 --> 26:19.000] I mean, Wachovia didn't exist in 2012.
[26:19.000 --> 26:24.000] Ah, maybe they had a time machine.
[26:24.000 --> 26:35.000] Yeah, I think it was... wasn't it 2010 that they were shut down and bought out by Wells Fargo?
[26:35.000 --> 26:38.000] I think that was 2008.
[26:38.000 --> 26:39.000] Okay.
[26:39.000 --> 26:46.000] So how did MERS act as an agent for a non-existent company?
[26:46.000 --> 26:49.000] Oh, yeah, good point.
[26:49.000 --> 26:50.000] Good.
[26:50.000 --> 26:54.000] Well, it's that one.
[26:54.000 --> 26:57.000] Steve, are you there?
[26:57.000 --> 26:58.000] No, he's not.
[26:58.000 --> 26:59.000] He's not.
[26:59.000 --> 27:00.000] Okay.
[27:00.000 --> 27:02.000] He could address that issue.
[27:02.000 --> 27:05.000] He won that issue in court.
[27:05.000 --> 27:07.000] Correct.
[27:07.000 --> 27:09.000] The business entity no longer existed.
[27:09.000 --> 27:17.000] So with the business entity no longer existed, there is no one that could operate on behalf of the business.
[27:17.000 --> 27:18.000] Right.
[27:18.000 --> 27:26.000] To nominate, whatever that means, it couldn't be a nominee for a non-existent company.
[27:26.000 --> 27:30.000] Correct.
[27:30.000 --> 27:40.000] So that one should get a criminal complaint against whoever signed that document.
[27:40.000 --> 27:43.000] Yeah, one of those assistant secretaries of MERS.
[27:43.000 --> 27:46.000] Oh, wonderful.
[27:46.000 --> 27:55.000] Do a criminal complaint against that assistant secretary and see if anybody can find it.
[27:55.000 --> 27:57.000] Well, that's what we do.
[27:57.000 --> 28:01.000] We start going after these guys.
[28:01.000 --> 28:04.000] They're going to get real excited.
[28:04.000 --> 28:09.000] Well, that's one of the things being a proud investigator that I have fun doing.
[28:09.000 --> 28:10.000] Oh, that'd be great.
[28:10.000 --> 28:11.000] It is.
[28:11.000 --> 28:14.000] Seeing how many companies certain parties are with.
[28:14.000 --> 28:15.000] It is fun.
[28:15.000 --> 28:16.000] It really is.
[28:16.000 --> 28:25.000] You get into, we were looking up one employee for a particular, they claim to be vice president for MERS
[28:25.000 --> 28:32.000] and come to find out that they work for a local law firm here in Austin, Texas.
[28:32.000 --> 28:35.000] They were vice president of Wells Fargo.
[28:35.000 --> 28:38.000] They were vice president of Bank of America.
[28:38.000 --> 28:42.000] They also work for lender processing services.
[28:42.000 --> 28:45.000] I mean, they were just so busy.
[28:45.000 --> 28:47.000] I mean, I wonder how they got to sleep at night.
[28:47.000 --> 28:52.000] You ought to go to Wells Fargo, whoever they signed for.
[28:52.000 --> 29:03.000] Go to that company's personnel department and ask for, you know, look up information on their employment
[29:03.000 --> 29:08.000] because personnel, they're not going to know anything about all this crap over here.
[29:08.000 --> 29:13.000] And these two personnel, and you go to them and say, I need employment records on this person,
[29:13.000 --> 29:17.000] when they started, you know, what their hours were, what their function was.
[29:17.000 --> 29:22.000] And they're going to say, we don't have an employee by that name.
[29:22.000 --> 29:27.000] Gotcha.
[29:27.000 --> 29:28.000] Cool.
[29:28.000 --> 29:31.000] So this is the good part about having a private investigator.
[29:31.000 --> 29:36.000] You want to want to add some stuff to what Joe is doing for you.
[29:36.000 --> 29:42.000] When you go and say this guy's a robo-signer, you need some evidence to back it up.
[29:42.000 --> 29:45.000] And once you can overcome prima facie, they got a problem.
[29:45.000 --> 29:51.000] This is Randy Kelton, Deborah Stevens, Joe Esquivel, We Love La Radio.
[29:51.000 --> 29:55.000] I call it number 512-646-1984.
[29:55.000 --> 30:00.000] We'll be right back.
[30:00.000 --> 30:05.000] Hexachlorobenzene is a reproductive toxin you probably don't want to ingest.
[30:05.000 --> 30:09.000] Unfortunately, you probably already have, and there's a good chance you did it today.
[30:09.000 --> 30:13.000] I'm Dr. Catherine Albrecht, and I'll be right back with the toxic truth.
[30:13.000 --> 30:15.000] Privacy is under attack.
[30:15.000 --> 30:18.000] When you give up data about yourself, you'll never get it back again.
[30:18.000 --> 30:23.000] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:23.000 --> 30:28.000] So protect your rights, say no to surveillance, and keep your information to yourself.
[30:28.000 --> 30:31.000] Privacy, it's worth hanging onto.
[30:31.000 --> 30:34.000] This public service announcement is brought to you by Startpage.com,
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[30:45.000 --> 30:47.000] Unfortunately, the same is true with dairy cows.
[30:47.000 --> 30:53.000] The chemicals they eat wind up in their fat, and that finds its way into our butter and cream.
[30:53.000 --> 30:57.000] A recent report by the USDA found that more than 80 percent of the butter tested
[30:57.000 --> 31:01.000] contained a known carcinogen, a pesticide called DDE.
[31:01.000 --> 31:04.000] And when they tested cream samples, they found not only DDE,
[31:04.000 --> 31:07.000] but that ghastly poison, hexachlorobenzene.
[31:07.000 --> 31:09.000] So if you know what's good for you, and now you do,
[31:09.000 --> 31:12.000] on that shopping list right next to the organic fruits and veggies,
[31:12.000 --> 31:15.000] you just might want to add organic butter and cream.
[31:15.000 --> 31:20.000] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:35.000] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:35.000 --> 31:37.000] The government says that fire brought it down.
[31:37.000 --> 31:42.000] However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:42.000 --> 31:45.000] Over 6,000 of my fellow service members have given their lives.
[31:45.000 --> 31:48.000] Thousands of my fellow first responders are dying.
[31:48.000 --> 31:50.000] I'm not a conspiracy theorist. I'm a structural engineer.
[31:50.000 --> 31:53.000] I'm a New York City correction officer. I'm an Air Force pilot.
[31:53.000 --> 31:57.000] I'm a father who lost his son. We're Americans, and we deserve the truth.
[31:57.000 --> 32:00.000] Go to RememberBuilding7.org today.
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[32:20.000 --> 32:26.000] I had no idea that the number one cause of the disease is found in almost every home in America, the television.
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[33:30.000 --> 33:37.000] Mmm, yeah, I won't
[33:39.000 --> 33:42.000] Oh, I won't
[33:42.000 --> 33:49.000] I won't let you pull the wool over my eyes
[33:49.000 --> 33:57.000] I certainly must refuse your nose or soak up in lies
[33:57.000 --> 34:00.000] It seems you're like a stretch
[34:00.000 --> 34:10.000] Okay, we are back. Randy Kelton, David Stevens, Joe Esquivel, Google Our Radio, and let's see, Mark.
[34:10.000 --> 34:13.000] Mark, are we done with you?
[34:13.000 --> 34:17.000] Oh, I think so. I've taken up enough of your time. I really appreciate it.
[34:17.000 --> 34:23.000] I had one more question, but I think it's going to be part of what Joe is going to ultimately send me
[34:23.000 --> 34:27.000] when he's done with this chain of title investigation.
[34:27.000 --> 34:31.000] Oh, by the way, Joe, is that going to come in the form of like an affidavit I can present to the court?
[34:31.000 --> 34:33.000] Of course.
[34:33.000 --> 34:35.000] Great.
[34:35.000 --> 34:38.000] It is an affidavit. I write in legalese.
[34:38.000 --> 34:41.000] Okay, I appreciate it. Thank you.
[34:41.000 --> 34:44.000] Thank you, Mark.
[34:44.000 --> 34:50.000] Okay, we're going to go to Lausanne in Ohio. Hello, Lausanne.
[34:50.000 --> 34:52.000] Hi, Randy. Hi, Joe.
[34:52.000 --> 34:54.000] How are you?
[34:54.000 --> 34:57.000] Oh, I'm overwhelmed.
[34:57.000 --> 35:00.000] How are you? I hope it's better.
[35:00.000 --> 35:05.000] Listen, I've been listening to your program tonight, and I have actually two things.
[35:05.000 --> 35:08.000] And I want to talk to you about bonds.
[35:08.000 --> 35:13.000] We're really focused on getting as much information about all these bonds as we can.
[35:13.000 --> 35:18.000] But before I do that, I have something I want to share with you.
[35:18.000 --> 35:24.000] Last month on August the 12th, there was an in-camera on my mother's murder case
[35:24.000 --> 35:28.000] that will be seven years old this Thanksgiving.
[35:28.000 --> 35:34.000] They asked for the Bell Fountain Police Department to bring in everything about her case to see,
[35:34.000 --> 35:36.000] I have a civil law uncle best suit open.
[35:36.000 --> 35:40.000] They were going to look at it, see if there's anything there.
[35:40.000 --> 35:46.000] They were going to decide all on their own whether to dismiss the case or that I can take it to jury,
[35:46.000 --> 35:48.000] which I know is wrong.
[35:48.000 --> 35:52.000] But they decided that there was nothing there for probable cause.
[35:52.000 --> 35:56.000] They dismissed the case for me.
[35:56.000 --> 36:04.000] And they said that once they did that, what the police have on her case now is public record.
[36:04.000 --> 36:08.000] I've been after these records for a long time, many, many times.
[36:08.000 --> 36:10.000] I've asked for them.
[36:10.000 --> 36:13.000] And I went ahead after the August the 12th decision.
[36:13.000 --> 36:16.000] I made another public record to the police department.
[36:16.000 --> 36:17.000] Okay?
[36:17.000 --> 36:18.000] I want them now.
[36:18.000 --> 36:19.000] The judge dismissed my case.
[36:19.000 --> 36:20.000] He sent their public records.
[36:20.000 --> 36:22.000] I want them.
[36:22.000 --> 36:23.000] I'll be damned.
[36:23.000 --> 36:25.000] Oh, sorry, sorry.
[36:25.000 --> 36:31.000] They got a lawyer, sent me a letter, and they're refusing me the record.
[36:31.000 --> 36:33.000] File criminal charges against them.
[36:33.000 --> 36:39.000] Your Open Records Act, if it's like ours, is not a civil statute.
[36:39.000 --> 36:42.000] It's a criminal statute.
[36:42.000 --> 36:48.000] Check your open records law for Ohio and see if it's a,
[36:48.000 --> 36:53.000] it'll be right at the end of the act will designate a violation of this act,
[36:53.000 --> 36:57.000] probably will designate an official misconduct.
[36:57.000 --> 37:01.000] If so, run the routine on them.
[37:01.000 --> 37:03.000] So what do I do here?
[37:03.000 --> 37:05.000] Am I filing another, am I filing a word of mandamus?
[37:05.000 --> 37:07.000] Am I filing?
[37:07.000 --> 37:13.000] No, you go to the, file a criminal complaint and address it to the grand jury.
[37:13.000 --> 37:15.000] You do have grand juries in Ohio, don't you?
[37:15.000 --> 37:18.000] Yeah, sort of, kind of.
[37:18.000 --> 37:22.000] Okay, address it to the grand jury.
[37:22.000 --> 37:27.000] Make the complaint against whoever sent you this letter.
[37:27.000 --> 37:29.000] File a bar grievance against him if he's a lawyer.
[37:29.000 --> 37:31.000] Yeah.
[37:31.000 --> 37:34.000] And then file the criminal complaint against him.
[37:34.000 --> 37:38.000] Send it to the district attorney, address to the grand jury.
[37:38.000 --> 37:43.000] And send the lawyer a tort letter, notice him, noticing him of your,
[37:43.000 --> 37:49.000] oh wait a minute, did he, did he act as a lawyer for the county or city?
[37:49.000 --> 37:51.000] He acted as a lawyer for the city.
[37:51.000 --> 37:55.000] Okay, then send a tort letter to the mayor of the city,
[37:55.000 --> 37:59.000] notifying the mayor of your intent to sue.
[37:59.000 --> 38:01.000] Intent to sue.
[38:01.000 --> 38:08.000] And this is, before you can sue a municipality or a governmental entity,
[38:08.000 --> 38:15.000] as a rule most states have a requirement that you give them notice of harm
[38:15.000 --> 38:22.000] and opportunity to cure and they request, require 60 days to cure.
[38:22.000 --> 38:27.000] So once you've sent the tort letter, 60 days later you can file suit.
[38:27.000 --> 38:34.000] Okay. And if you go ahead and file suit as well as pursue the criminal charges,
[38:34.000 --> 38:37.000] if you're pursuing criminal charges
[38:37.000 --> 38:42.000] and one of the officials fails to perform a duty he's required to perform
[38:42.000 --> 38:46.000] like hold an examining trial and arrest the chomp,
[38:46.000 --> 38:50.000] then you file against him for official misconduct.
[38:50.000 --> 38:58.000] And every state has an official misconduct statute that reflects 18 U.S. Code 242,
[38:58.000 --> 39:01.000] the Ku Klux Klan Act.
[39:01.000 --> 39:05.000] Go ahead.
[39:05.000 --> 39:07.000] I'm listening.
[39:07.000 --> 39:08.000] No, okay.
[39:08.000 --> 39:11.000] So you kind of start the routine on him.
[39:11.000 --> 39:17.000] If you listen to the show a lot we talk about the routine in terms of due process.
[39:17.000 --> 39:23.000] If you want to light up the jurisdiction, this is a way to light them up.
[39:23.000 --> 39:34.000] One of my rules is I try never to ask a public official to do something that I really want him to do.
[39:34.000 --> 39:37.000] I want him not to do it.
[39:37.000 --> 39:43.000] Because when he doesn't do it I'm ready to hammer him good.
[39:43.000 --> 39:49.000] And then I go to the way I hammer him as I go to the next official and I ask him to do something
[39:49.000 --> 39:53.000] that I don't want him to do so I can hammer him.
[39:53.000 --> 39:56.000] You work the routine on these guys.
[39:56.000 --> 39:59.000] You got a lawyer who didn't provide the documentation.
[39:59.000 --> 40:08.000] If your open records law is not designated as a violation of it, is not designated as a crime,
[40:08.000 --> 40:12.000] then find official misconduct.
[40:12.000 --> 40:14.000] In Texas we have two.
[40:14.000 --> 40:18.000] One is official misconduct, the other one is official oppression.
[40:18.000 --> 40:21.000] They're both essentially the same.
[40:21.000 --> 40:25.000] Official misconduct goes to misappropriation of public funds.
[40:25.000 --> 40:31.000] Official oppression goes to a public official failing to perform a duty he's required to perform
[40:31.000 --> 40:37.000] or exerting or purporting to exert an authority he does not have
[40:37.000 --> 40:40.000] and in the process denying a citizen a right.
[40:40.000 --> 40:47.000] Most states have the official oppression is actually named official misconduct.
[40:47.000 --> 40:50.000] They'll be in the same statute.
[40:50.000 --> 40:52.000] But that's a catch all.
[40:52.000 --> 40:55.000] Every state's going to have that in some form or another.
[40:55.000 --> 40:59.000] They have to in order to keep control of their employees.
[40:59.000 --> 41:09.000] So find that one for Ohio and then go down and get these public officials to refuse to perform their duty.
[41:09.000 --> 41:12.000] And then you go to the prosecutor first.
[41:12.000 --> 41:19.000] When he secrets your complaint from the grand jury, you know, we have a tavern with a government document.
[41:19.000 --> 41:25.000] If you secret a government document from the person or department it's directed to,
[41:25.000 --> 41:28.000] that's a Class A misdemeanor in Texas.
[41:28.000 --> 41:33.000] Or if you put a false statement on a government document, it's a Class A misdemeanor.
[41:33.000 --> 41:36.000] But just secreting one from the right person is.
[41:36.000 --> 41:43.000] If you send it to the grand jury and the prosecuting attorney intercepts it and doesn't give it to the grand jury,
[41:43.000 --> 41:47.000] you're charging with tampering.
[41:47.000 --> 41:55.000] And if he has a duty to prosecute, you charge him with official misconduct for misfeasance in office,
[41:55.000 --> 41:59.000] failing to perform a duty he's required to perform.
[41:59.000 --> 42:03.000] And you file that with some judge, higher level judge, the better.
[42:03.000 --> 42:06.000] And then the judge will give you sage advice.
[42:06.000 --> 42:11.000] Oh, well, gee willikers, you should not bring that to me, young lady.
[42:11.000 --> 42:14.000] You should take that to the police department.
[42:14.000 --> 42:16.000] And you say, OK.
[42:16.000 --> 42:24.000] You go to the police department with criminal charges against the judge for not performing his duty as a magistrate.
[42:24.000 --> 42:27.000] And then when they refuse to take the complaint,
[42:27.000 --> 42:34.000] you go find the chief justice of your state supreme and send the complaints to him.
[42:34.000 --> 42:36.000] And he'll refuse to act on them.
[42:36.000 --> 42:44.000] Then you send complaints against him to the attorney general and just stir up a stink for them.
[42:44.000 --> 42:48.000] Understand it's all political.
[42:48.000 --> 42:54.000] If you're accusing them of doing this for the purpose of covering up a murder,
[42:54.000 --> 42:58.000] they are going to get real excited.
[42:58.000 --> 43:01.000] And here's their problem.
[43:01.000 --> 43:04.000] You're reporting crime.
[43:04.000 --> 43:06.000] They can't say anything to you.
[43:06.000 --> 43:09.000] One word to you.
[43:09.000 --> 43:14.000] That's tamper with the witness obstruction of justice.
[43:14.000 --> 43:20.000] I actually had a police officer tell me once that I really needed to be careful.
[43:20.000 --> 43:26.000] I could really get in big trouble if I'm not careful doing this kind of thing.
[43:26.000 --> 43:31.000] That always gets a 9-1-1 call.
[43:31.000 --> 43:34.000] The guy had a loaded pistol on his hip,
[43:34.000 --> 43:41.000] and he's warning me of bad things that can happen to me because I'm doing what the law requires me to do.
[43:41.000 --> 43:44.000] Are you kidding me?
[43:44.000 --> 43:47.000] It got real exciting.
[43:47.000 --> 43:50.000] You're going to get it done. This is one way of getting it done.
[43:50.000 --> 43:53.000] Hang on. We'll pick this up on the other side.
[43:53.000 --> 43:56.000] This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[43:56.000 --> 44:20.000] Call it number 512-606-1984.
[44:26.000 --> 44:47.000] Don't forget to like us on Facebook for information on events and our products.
[44:47.000 --> 45:01.000] Nature is pure, organics dot com.
[45:01.000 --> 45:04.000] Are you the plaintiff or defendant in a lawsuit?
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[45:43.000 --> 45:49.000] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
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[45:52.000 --> 45:56.000] Please visit ruleoflawradio.com and click on the banner.
[45:56.000 --> 46:14.000] Or call toll-free, 866-LAW-EZ.
[46:14.000 --> 46:30.000] Whoa, whoa, yeah, always I must be careful what I'm wishing for.
[46:30.000 --> 46:35.000] When I'm hungry, I like to know just what I'm fishing for.
[46:35.000 --> 46:41.000] I ain't asking for much, I ain't trying to be no glutton.
[46:41.000 --> 46:47.000] I'm just here making my living pushing buttons.
[46:47.000 --> 46:52.000] I get my message out when one is shouting distance.
[46:52.000 --> 46:58.000] I'm hoped for bravery and against slavery showing resistance.
[46:58.000 --> 47:03.000] First I'm crawling, then I'm walking, then I start strutting.
[47:03.000 --> 47:11.000] I'm just so glad to make my living pushing buttons.
[47:11.000 --> 47:21.000] Whoa, whoa, yeah.
[47:21.000 --> 47:26.000] When we sat down to play Monopoly, we all wanted to win the game.
[47:26.000 --> 47:29.000] We gave some guy endless money supply.
[47:29.000 --> 47:33.000] Nothing I've been thinking this brain.
[47:33.000 --> 47:37.000] After some time, worth of my time, got me down to dinner.
[47:37.000 --> 47:38.000] Okay, we are back.
[47:38.000 --> 47:40.000] Randy Kelton, Deborah Stevens, Rule of Law Radio,
[47:40.000 --> 47:43.000] and we're talking to Roseanne in Ohio.
[47:43.000 --> 47:47.000] And these guys are not going to do anything they don't want to
[47:47.000 --> 47:52.000] unless you really become a thorn in their side.
[47:52.000 --> 47:58.000] And it's never about law, it's always about politics.
[47:58.000 --> 48:00.000] All right, I'm getting that loud and clear,
[48:00.000 --> 48:02.000] but I just want to make sure I understand this process.
[48:02.000 --> 48:04.000] I'm going to send a tort letter to the mayor.
[48:04.000 --> 48:08.000] Should I also send one to that lawyer too at the same time?
[48:08.000 --> 48:12.000] Yes, you can sue them separately.
[48:12.000 --> 48:16.000] Okay, but send them letters, 60 days to answer.
[48:16.000 --> 48:19.000] In the meantime, while I'm waiting on that answer,
[48:19.000 --> 48:23.000] can I go ahead and file a criminal complaint with the prosecutor's office
[48:23.000 --> 48:25.000] about not getting it?
[48:25.000 --> 48:28.000] Absolutely, start the process right away.
[48:28.000 --> 48:29.000] Okay.
[48:29.000 --> 48:31.000] Don't wait on the criminal.
[48:31.000 --> 48:34.000] That lets them know you mean business.
[48:34.000 --> 48:35.000] Okay.
[48:35.000 --> 48:40.000] Larry was one of our broadcasters for Saturday.
[48:40.000 --> 48:44.000] He went down to file some documents with the county clerk,
[48:44.000 --> 48:46.000] and she wouldn't take the filing,
[48:46.000 --> 48:52.000] so he went to the sheriff's department and filed a criminal complaint,
[48:52.000 --> 48:57.000] went home, wrote up a tort letter, sent it to the county commissioner's court,
[48:57.000 --> 49:02.000] and the next day the clerk was doing everything she could to get him down there
[49:02.000 --> 49:05.000] to get him to refile those documents.
[49:05.000 --> 49:09.000] They made a mistake.
[49:09.000 --> 49:14.000] Did you hit the easy button for a do-over?
[49:14.000 --> 49:19.000] It's always politics, and the more trouble you can cause them,
[49:19.000 --> 49:23.000] the more they will not want to have to deal with you.
[49:23.000 --> 49:24.000] Right.
[49:24.000 --> 49:31.000] And one time you will have one of these idiot bailiffs or investigator
[49:31.000 --> 49:34.000] warn you about the bad things that can happen,
[49:34.000 --> 49:37.000] and you need to be laying in wait for that person.
[49:37.000 --> 49:43.000] Whoever the person is that warns you about the bad things that can happen,
[49:43.000 --> 49:48.000] take out your cell phone immediately and call 911.
[49:48.000 --> 49:53.000] And tell them that I've done this, and oh, the poor guy is standing there.
[49:53.000 --> 49:54.000] Well, I didn't threaten you.
[49:54.000 --> 49:56.000] Yeah, I got this guy here with a gun,
[49:56.000 --> 50:01.000] and he's threatening me in order to keep me from filing criminal complaints.
[50:01.000 --> 50:05.000] I need you to send somebody down here before he shoots me.
[50:05.000 --> 50:06.000] Right.
[50:06.000 --> 50:09.000] I didn't mean to do anything, Randy.
[50:09.000 --> 50:11.000] Oh, I didn't threaten you. I didn't threaten you.
[50:11.000 --> 50:13.000] I said, well, you explain that to the grand jury.
[50:13.000 --> 50:16.000] I'm sure they'll buy your story.
[50:16.000 --> 50:17.000] Yeah.
[50:17.000 --> 50:21.000] This is, you know, it's unfortunate we have to do this.
[50:21.000 --> 50:24.000] You were pulling out the phone from the clerk.
[50:24.000 --> 50:26.000] That was your story.
[50:26.000 --> 50:29.000] You wrote this story, and you were pulling out the phone from the clerk
[50:29.000 --> 50:31.000] because they weren't doing the business.
[50:31.000 --> 50:33.000] Oh, yeah, I've done a couple of clerks.
[50:33.000 --> 50:37.000] I don't like doing it to clerks because generally they're not a problem,
[50:37.000 --> 50:41.000] but every once in a while I run across a clerk with attitude,
[50:41.000 --> 50:44.000] and Randall County I had one with attitude.
[50:44.000 --> 50:45.000] I've got one.
[50:45.000 --> 50:48.000] But I think I got that adjusted.
[50:48.000 --> 50:54.000] Waco, I had a JP's clerk that had attitude,
[50:54.000 --> 50:58.000] and I told her, wait right here.
[50:58.000 --> 51:02.000] Don't go anywhere or somebody's going to want to talk to you.
[51:02.000 --> 51:07.000] I come back, and I had about 15 officers out there,
[51:07.000 --> 51:10.000] the sergeant, the captain, a couple of lieutenants,
[51:10.000 --> 51:16.000] and they're all trying to talk me out of forcing them to arrest the clerk,
[51:16.000 --> 51:19.000] and they're throwing, you know, code at me,
[51:19.000 --> 51:22.000] and I'm throwing more code back at them,
[51:22.000 --> 51:27.000] and the clerk is standing here watching this not believing what's happened,
[51:27.000 --> 51:30.000] and she had a really good JP.
[51:30.000 --> 51:34.000] JP's standing over there watching all of this circus,
[51:34.000 --> 51:36.000] and finally she said, walked over and said,
[51:36.000 --> 51:41.000] Mr. Kelton, could I speak with you in my office for a moment?
[51:41.000 --> 51:44.000] I said, well certainly, and we go in the office,
[51:44.000 --> 51:50.000] and she said, Mr. Kelton, why are you trying to get my clerk arrested?
[51:50.000 --> 51:52.000] Oh, I'm not trying to get her arrested.
[51:52.000 --> 51:53.000] You're not.
[51:53.000 --> 51:54.000] That's what it sounded like.
[51:54.000 --> 51:57.000] Yeah, I know that, but she had herself an attitude,
[51:57.000 --> 52:01.000] and I was just adjusting it for her.
[52:01.000 --> 52:02.000] Right.
[52:02.000 --> 52:08.000] She kind of laughed, and she said, Mr. Kelton, I think you have it adjusted.
[52:08.000 --> 52:10.000] Will you let me take care of this for you?
[52:10.000 --> 52:13.000] And if I do, will you kind of let all this drop?
[52:13.000 --> 52:15.000] I said, well certainly.
[52:15.000 --> 52:17.000] She stepped out the door.
[52:17.000 --> 52:20.000] You get him his documents, and you get them right now.
[52:20.000 --> 52:23.000] Yes, ma'am, yes, ma'am, yes, ma'am.
[52:23.000 --> 52:26.000] This really works.
[52:26.000 --> 52:33.000] Will you start hammering these guys, you know, the last thing they want to do
[52:33.000 --> 52:38.000] is let you know how bad you stung them.
[52:38.000 --> 52:39.000] But think about it.
[52:39.000 --> 52:43.000] You're in this office with these people you work with every day.
[52:43.000 --> 52:48.000] Say you're in Randall County, and you're this 5-foot, 2-inch,
[52:48.000 --> 52:55.000] 3-foot diameter prosecutor with attitude.
[52:55.000 --> 52:59.000] You come up, you're behind this bulletproof glass,
[52:59.000 --> 53:02.000] and the clerk there's got a little counter in front of her,
[53:02.000 --> 53:04.000] and he puts his hands on the counter.
[53:04.000 --> 53:09.000] Eddie Craig was with me this day, and he kind of raises himself up,
[53:09.000 --> 53:11.000] I guess to make him look taller.
[53:11.000 --> 53:14.000] And he said, what can I do for you, Mr. Kelton?
[53:14.000 --> 53:16.000] I said, I have some criminal complaints here.
[53:16.000 --> 53:17.000] I give them to him.
[53:17.000 --> 53:18.000] He looks them over.
[53:18.000 --> 53:20.000] I said, now what are you going to do with those?
[53:20.000 --> 53:23.000] He said, well, I don't think I'm going to do anything with these.
[53:23.000 --> 53:26.000] Well, in that case, I need security.
[53:26.000 --> 53:33.000] And he said, Mr. Kelton, you are very secure here.
[53:33.000 --> 53:36.000] I said, well, you're not.
[53:36.000 --> 53:38.000] I need somebody to arrest you.
[53:38.000 --> 53:40.000] Go get me someone.
[53:40.000 --> 53:42.000] Well, I'm not going to get someone to arrest me.
[53:42.000 --> 53:43.000] That's okay.
[53:43.000 --> 53:44.000] I'll get him myself.
[53:44.000 --> 53:46.000] Don't go anywhere.
[53:46.000 --> 53:51.000] Then I whirled around, stomped down the hall, and Eddie was behind me.
[53:51.000 --> 53:56.000] Eddie had never been with me doing any of this kind of stuff before.
[53:56.000 --> 54:00.000] And I never really feel like I know the measure of a man
[54:00.000 --> 54:02.000] until I've seen him in a tight spot.
[54:02.000 --> 54:07.000] Now, I had just crawled down the district attorney's throat.
[54:07.000 --> 54:09.000] Eddie's right behind me.
[54:09.000 --> 54:11.000] And I turned to go down to the end of the hall.
[54:11.000 --> 54:15.000] These bailiffs are down there watching this carnage.
[54:15.000 --> 54:21.000] And I looked back at Eddie, and Eddie did not back up, not one half inch.
[54:21.000 --> 54:23.000] I was real pleased with him.
[54:23.000 --> 54:25.000] Yeah.
[54:25.000 --> 54:26.000] He showed his mettle.
[54:26.000 --> 54:33.000] But this, you know, you work in that office, the next two or three days,
[54:33.000 --> 54:38.000] that's going to be all they talk about is this guy trying to get us
[54:38.000 --> 54:42.000] to arrest the district attorney.
[54:42.000 --> 54:48.000] When you start doing this to these guys, they will never have had this happen before.
[54:48.000 --> 54:52.000] Now, when you say district attorney, is that like a prosecutor to us?
[54:52.000 --> 54:55.000] Yeah, he's the highest level prosecutor.
[54:55.000 --> 55:01.000] In Texas, we have county attorneys for misdemeanors.
[55:01.000 --> 55:04.000] We have district attorneys for felonies.
[55:04.000 --> 55:06.000] So he's the highest level.
[55:06.000 --> 55:07.000] He thinks he's a big shot.
[55:07.000 --> 55:09.000] Of the county, I see.
[55:09.000 --> 55:12.000] I didn't call him a runt, but I wanted to.
[55:12.000 --> 55:14.000] Yeah, yeah.
[55:14.000 --> 55:22.000] Okay, when you do this, the reason I say you never ask them to do anything
[55:22.000 --> 55:30.000] that you actually want them to do, that's real important to hold in your mind.
[55:30.000 --> 55:34.000] If you want them to do something and they don't do it,
[55:34.000 --> 55:40.000] it will internally trigger a response of betrayal, anger, frustration,
[55:40.000 --> 55:45.000] all of these negative responses we have so often.
[55:45.000 --> 55:49.000] But if you go in there hoping that they don't do what you're asking them to
[55:49.000 --> 55:53.000] because you're holding out the request in one hand
[55:53.000 --> 55:56.000] and you got this big sledgehammer in the other
[55:56.000 --> 56:01.000] that you're fixing to whack him with when he doesn't do it,
[56:01.000 --> 56:07.000] it generates a whole different set of internal responses.
[56:07.000 --> 56:13.000] Human beings are very good at detecting subliminal responses.
[56:13.000 --> 56:19.000] The slight change in your pupil dilation, your eyebrows raised slightly,
[56:19.000 --> 56:22.000] they pick this up really well.
[56:22.000 --> 56:26.000] When you ask them to do something that you don't want them to do
[56:26.000 --> 56:33.000] and they don't do it, you get a whole different set of responses.
[56:33.000 --> 56:36.000] And on a subliminal level to the other guy,
[56:36.000 --> 56:41.000] he's sitting there looking at you thinking something ain't right here.
[56:41.000 --> 56:46.000] He's not sure exactly what it is, but something's not right here.
[56:46.000 --> 56:52.000] When I asked the bailiff to arrest the JP who's standing three foot from me,
[56:52.000 --> 56:56.000] well, Mr. Kelston, if you create a disturbance, I'll arrest you.
[56:56.000 --> 56:58.000] Are you threatening me?
[56:58.000 --> 57:01.000] Well, no, I was just telling you, are you threatening me?
[57:01.000 --> 57:05.000] Well, no, Mr. Kelston, just what is it that you want? Arrest that woman.
[57:05.000 --> 57:08.000] Well, I can't arrest her. It's her court.
[57:08.000 --> 57:11.000] Oh, with all due respect, you're mistaken.
[57:11.000 --> 57:13.000] It's not her court, it's my court.
[57:13.000 --> 57:16.000] And I went through the routine and said, I'll arrest her.
[57:16.000 --> 57:18.000] Well, I can't arrest a judge.
[57:18.000 --> 57:21.000] Now, come on, Mr. Bailiff, take your chicken suit off
[57:21.000 --> 57:24.000] and arrest the bailiff, arrest the judge.
[57:24.000 --> 57:28.000] And he's looking at me like, did he just say take my chicken suit off?
[57:28.000 --> 57:30.000] Yeah.
[57:30.000 --> 57:33.000] I'm not responding right.
[57:33.000 --> 57:36.000] And now he's having trouble figuring out what's going on.
[57:36.000 --> 57:39.000] This is what you want to do.
[57:39.000 --> 57:42.000] Never ask him to do anything you want them to do.
[57:42.000 --> 57:45.000] You always want him to refuse.
[57:45.000 --> 57:52.000] And it'll take about, in this one, it took about five minutes for him to realize what was going on.
[57:52.000 --> 57:57.000] When I asked him to go find me a constable to arrest him,
[57:57.000 --> 58:00.000] you want me to find a constable to arrest me?
[58:00.000 --> 58:02.000] Yeah, that's what I want.
[58:02.000 --> 58:05.000] Oh, Mr. Kelston, I'll take you down there.
[58:05.000 --> 58:10.000] And he did, and I asked the constable to arrest him right in front of him.
[58:10.000 --> 58:15.000] It was just watching these guys do this chicken dance was a hoot.
[58:15.000 --> 58:17.000] Okay, hang on.
[58:17.000 --> 58:19.000] We will finish this up on the other side.
[58:19.000 --> 58:21.000] Mark, Carlos, Tommy, I see you there.
[58:21.000 --> 58:23.000] We will get to all of you.
[58:23.000 --> 58:29.000] Our call-in number is 512-646-1984, where this is the top of the hour break.
[58:29.000 --> 58:34.000] We'll be going to our last hour, and the calls generally build up toward the end.
[58:34.000 --> 58:37.000] And Carlos, I'm glad to see you called in earlier,
[58:37.000 --> 58:39.000] because we missed you the last couple of times.
[58:39.000 --> 58:43.000] So we will try to get to everybody, give us a call, get in line.
[58:43.000 --> 59:10.000] We'll be right back.
[59:13.000 --> 59:18.000] The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:21.000] Chapter by chapter, Basic Elements of the Christian Life
[59:21.000 --> 59:24.000] clearly presents God's plan of salvation,
[59:24.000 --> 59:27.000] growing in Christ and how to build up the Church.
[59:27.000 --> 59:30.000] To order your free New Testament Recovery Version
[59:30.000 --> 59:33.000] and Basic Elements of the Christian Life,
[59:33.000 --> 59:40.000] call Bibles for America toll-free at 888-551-0102.
[59:40.000 --> 59:45.000] That's 888-551-0102.
[59:45.000 --> 59:53.000] Or visit us online at bfa.org.
[59:53.000 --> 01:00:04.000] You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:04.000 --> 01:00:06.000] You're listening to the Liberty Beat,
[01:00:06.000 --> 01:00:16.000] the daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:16.000 --> 01:00:17.000] This is Justin Armand.
[01:00:17.000 --> 01:00:19.000] And this is Jessica Armand.
[01:00:19.000 --> 01:00:24.000] Here with your Liberty Beat for Friday, September 20, 2013.
[01:00:24.000 --> 01:00:36.000] Gold opened today at $1,365, silver at $23.04, and Bitcoin is trading at $124.46.
[01:00:36.000 --> 01:00:40.000] Support for the Liberty Beat comes from the first annual education conference
[01:00:40.000 --> 01:00:44.000] being held on October 12 in Austin, Texas.
[01:00:44.000 --> 01:00:47.000] If you are a parent, this is an event you do not want to miss.
[01:00:47.000 --> 01:00:51.000] Register today at parentsforliberty.org.
[01:00:51.000 --> 01:00:52.000] And now the news.
[01:00:52.000 --> 01:00:57.000] A new federal document includes conspiracy theories as a sign of terrorist activity.
[01:00:57.000 --> 01:01:03.000] The document entitled Potential Indicators for Terrorist Activities Related to Sleepers
[01:01:03.000 --> 01:01:06.000] was released by the Bureau of Justice Assistance,
[01:01:06.000 --> 01:01:09.000] a branch of the United States Department of Justice.
[01:01:09.000 --> 01:01:13.000] Circulated to various law enforcement agencies across the nation,
[01:01:13.000 --> 01:01:17.000] the document states that conspiracy theories, including those involving 9-11,
[01:01:17.000 --> 01:01:21.000] could be a sign of membership in a terrorist sleeper cell.
[01:01:21.000 --> 01:01:25.000] It additionally contains wording that those who oppose American foreign policy
[01:01:25.000 --> 01:01:28.000] could also fall into the terrorist category.
[01:01:28.000 --> 01:01:34.000] An ACLU report entitled Unleashed and Unaccountable describes the FBI
[01:01:34.000 --> 01:01:39.000] as a secret domestic intelligence agency that has regularly overstepped the law,
[01:01:39.000 --> 01:01:42.000] infringing on Americans' constitutional rights
[01:01:42.000 --> 01:01:45.000] while overzealously pursuing its domestic security mission.
[01:01:45.000 --> 01:01:48.000] A family in Germany just received their four children back
[01:01:48.000 --> 01:01:52.000] that were removed weeks ago from their parents' home for the crime of homeschooling.
[01:01:52.000 --> 01:01:54.000] Faced with permanently losing their children,
[01:01:54.000 --> 01:01:58.000] Dirk and Petra Wunterlich were forced to agree to send their children
[01:01:58.000 --> 01:02:00.000] to a German state public school.
[01:02:00.000 --> 01:02:02.000] Dozens of supporters gathered outside the courthouse
[01:02:02.000 --> 01:02:04.000] to show solidarity with the Wunterlich family.
[01:02:04.000 --> 01:02:09.000] Germany outlawed homeschooling during the unification of the state in 1871.
[01:02:09.000 --> 01:02:13.000] However, Hitler created harsh penalties for families that did not comply with the law.
[01:02:13.000 --> 01:02:15.000] These penalties are still in place today.
[01:02:15.000 --> 01:02:19.000] In Portland, Oregon, government schools were locking children in padded cells
[01:02:19.000 --> 01:02:21.000] without parental knowledge or consent.
[01:02:21.000 --> 01:02:24.000] A mother became so outraged that a new state law was passed
[01:02:24.000 --> 01:02:28.000] prohibiting schools from purchasing or using free-standing seclusion cells,
[01:02:28.000 --> 01:02:31.000] or isolation booths, as they are called.
[01:02:31.000 --> 01:02:33.000] As the new regulations are taking effect,
[01:02:33.000 --> 01:02:36.000] schools are scrambling for a way around the provisions
[01:02:36.000 --> 01:02:40.000] so they can continue to place students in solitary confinement at their discretion.
[01:02:40.000 --> 01:02:43.000] School administrators are defending isolation cells,
[01:02:43.000 --> 01:02:48.000] stating that they have therapeutic purposes for some children.
[01:02:48.000 --> 01:02:50.000] You've been listening to the Liberty Beat.
[01:02:50.000 --> 01:03:14.000] Remember, freeing your mind is freeing our world.
[01:03:20.000 --> 01:03:25.000] I will identify my father's house,
[01:03:25.000 --> 01:03:29.000] until he returns.
[01:03:29.000 --> 01:03:32.000] I will identify my brother's house,
[01:03:32.000 --> 01:03:37.000] as that be with strength it was done,
[01:03:37.000 --> 01:03:44.000] I will identify my brother's house,
[01:03:44.000 --> 01:03:51.000] I will light up my father's house, till I see his face.
[01:03:51.000 --> 01:03:55.000] I will light up my father's house.
[01:03:55.000 --> 01:04:02.000] I will guard these walls in fact says, they come to take his place.
[01:04:02.000 --> 01:04:06.000] I will light up my father's house.
[01:04:06.000 --> 01:04:09.000] Like a thief in heavy night, I showed the father and the,
[01:04:09.000 --> 01:04:15.000] she saw the parasite from around her.
[01:04:15.000 --> 01:04:17.000] Okay, we are back.
[01:04:17.000 --> 01:04:19.000] Randy Kelton, Debra Stevens, Rue La Radio,
[01:04:19.000 --> 01:04:24.000] and we're talking to Rosanna in Ohio.
[01:04:24.000 --> 01:04:27.000] Okay, I kind of went through all of it.
[01:04:27.000 --> 01:04:33.000] These guys are a lot more vulnerable than they ever want you to know.
[01:04:33.000 --> 01:04:36.000] And if you're ready for them,
[01:04:36.000 --> 01:04:41.000] you don't want them to do what they're supposed to do,
[01:04:41.000 --> 01:04:46.000] because if they do what they're supposed to do, they screw up all the politics.
[01:04:46.000 --> 01:04:49.000] This is not about law, it's about politics.
[01:04:49.000 --> 01:04:52.000] And the more politics you can create,
[01:04:52.000 --> 01:04:58.000] the more likely they are to think that you're going to sting the wrong one,
[01:04:58.000 --> 01:05:04.000] and you're creating cannon fodder for their opponents.
[01:05:04.000 --> 01:05:08.000] And you may get this to the wrong party and they'll use it against me.
[01:05:08.000 --> 01:05:13.000] This is what happened to all of the judges of the Court of Criminal Appeals in Texas.
[01:05:13.000 --> 01:05:17.000] We have two high courts, one supreme for civil,
[01:05:17.000 --> 01:05:19.000] Court of Criminal Appeals for criminal.
[01:05:19.000 --> 01:05:22.000] I got every one of them put in front of a grand jury.
[01:05:22.000 --> 01:05:29.000] But the only reason I did is because the district attorney after 25 years was retiring.
[01:05:29.000 --> 01:05:33.000] He was a Democrat, they were all Republicans,
[01:05:33.000 --> 01:05:41.000] and he used my complaint as cannon fodder to try to take all of them out with him.
[01:05:41.000 --> 01:05:44.000] This is what you're trying to create.
[01:05:44.000 --> 01:05:51.000] You're trying to create enough garbage so that the higher level these guys are,
[01:05:51.000 --> 01:05:54.000] the more sensitive they are to political issues.
[01:05:54.000 --> 01:06:00.000] And they know that everything's political, all politics is local,
[01:06:00.000 --> 01:06:05.000] and perception is everything.
[01:06:05.000 --> 01:06:08.000] You start filing criminal charges against them,
[01:06:08.000 --> 01:06:14.000] and their running mate or their opponent in their next election starts waving these complaints.
[01:06:14.000 --> 01:06:18.000] Oh, those are all frivolous and baseless.
[01:06:18.000 --> 01:06:20.000] It's not going to make any difference.
[01:06:20.000 --> 01:06:23.000] Yeah, I hear that all the time as it is.
[01:06:23.000 --> 01:06:29.000] I just wanted to ask you, because I think this might go into this, too.
[01:06:29.000 --> 01:06:33.000] Okay, my understanding is all courts are general jurisdiction.
[01:06:33.000 --> 01:06:38.000] Underneath that, you've got subject matter jurisdiction and limited jurisdiction.
[01:06:38.000 --> 01:06:41.000] All state courts are limited jurisdiction,
[01:06:41.000 --> 01:06:47.000] and that means they only have jurisdiction if they follow the state statute.
[01:06:47.000 --> 01:06:52.000] Now, given that, all these judges have to take, well,
[01:06:52.000 --> 01:06:56.000] your elected officials in your point of view have to take oaths of office.
[01:06:56.000 --> 01:07:01.000] When they take those oaths of office, they take them to honor the Constitution,
[01:07:01.000 --> 01:07:03.000] the statutes, the laws.
[01:07:03.000 --> 01:07:05.000] They're going to abide by all of that stuff.
[01:07:05.000 --> 01:07:10.000] Well, these judges who take these oaths of office statutes,
[01:07:10.000 --> 01:07:12.000] if their courts have limited jurisdiction,
[01:07:12.000 --> 01:07:16.000] and they only have jurisdiction if they follow the statute,
[01:07:16.000 --> 01:07:19.000] when they put the blinders on to them, and we've all been through this,
[01:07:19.000 --> 01:07:23.000] this is why we go through these messes, they ignore the statute.
[01:07:23.000 --> 01:07:28.000] They blatantly ignore the statute and do something completely opposite
[01:07:28.000 --> 01:07:32.000] of what the statute is, which powers our cases.
[01:07:32.000 --> 01:07:33.000] Okay.
[01:07:33.000 --> 01:07:34.000] Okay.
[01:07:34.000 --> 01:07:37.000] If they've got a bond for that job, for that office,
[01:07:37.000 --> 01:07:40.000] and they're violating the statute,
[01:07:40.000 --> 01:07:46.000] can't those bonds be held accountable because they violated the statute?
[01:07:46.000 --> 01:07:52.000] Well, you have to sue the bond or make a claim against the bond.
[01:07:52.000 --> 01:07:57.000] But it's...
[01:07:57.000 --> 01:08:03.000] You have to file a regular claim for damages for billing.
[01:08:03.000 --> 01:08:07.000] So when you would file a claim against the bond,
[01:08:07.000 --> 01:08:10.000] it would have to be for monetary damages.
[01:08:10.000 --> 01:08:13.000] And then what they would do is they would freeze the bond,
[01:08:13.000 --> 01:08:18.000] and they would send the party that was being sued
[01:08:18.000 --> 01:08:26.000] or issued this bill that was not being paid, they would send them a bill.
[01:08:26.000 --> 01:08:27.000] Okay.
[01:08:27.000 --> 01:08:31.000] But before you can send the bond company a bill,
[01:08:31.000 --> 01:08:36.000] you need to send the party that has the bond a bill.
[01:08:36.000 --> 01:08:38.000] Oh.
[01:08:38.000 --> 01:08:43.000] So if you're claiming damages, okay, or I'll use...
[01:08:43.000 --> 01:08:52.000] Say you're a contractor and you buy paint and I don't pay my bill.
[01:08:52.000 --> 01:08:55.000] Well, if I have a bond,
[01:08:55.000 --> 01:09:02.000] they then file a claim against my bond to my bond company.
[01:09:02.000 --> 01:09:05.000] And my bond company says, listen, we have a bill for $20,000.
[01:09:05.000 --> 01:09:07.000] You haven't paid your paint bill.
[01:09:07.000 --> 01:09:16.000] We're freezing your bond, and here is our bill to you for $20,000.
[01:09:16.000 --> 01:09:18.000] And that's what happens.
[01:09:18.000 --> 01:09:20.000] So either I pay the paint company,
[01:09:20.000 --> 01:09:26.000] otherwise the insurance company that issued that bond is suing me,
[01:09:26.000 --> 01:09:30.000] and they will file a judgment on you, and they will collect.
[01:09:30.000 --> 01:09:31.000] Mm-hmm.
[01:09:31.000 --> 01:09:35.000] And I know firsthand.
[01:09:35.000 --> 01:09:42.000] So it is a very viable action.
[01:09:42.000 --> 01:09:43.000] Okay.
[01:09:43.000 --> 01:09:49.000] The question arises, how do you get the claim against the judge?
[01:09:49.000 --> 01:09:51.000] How were you damaged?
[01:09:51.000 --> 01:09:57.000] Well, a judge has a certain amount of immunity,
[01:09:57.000 --> 01:10:00.000] and the claim is not automatic just because you make it.
[01:10:00.000 --> 01:10:05.000] It's not like the judge came to you and secured services from you
[01:10:05.000 --> 01:10:10.000] and then owed you for the services.
[01:10:10.000 --> 01:10:12.000] So you're not just monetary.
[01:10:12.000 --> 01:10:17.000] I really like the idea of filing against the bond,
[01:10:17.000 --> 01:10:23.000] but as far as, you know, that's an unusual remedy
[01:10:23.000 --> 01:10:29.000] and will have very little political effect.
[01:10:29.000 --> 01:10:37.000] What will have a lot more political effect is if you sue the judge directly.
[01:10:37.000 --> 01:10:39.000] They'll eventually throw it out, but we don't care.
[01:10:39.000 --> 01:10:41.000] We just want to beat him up.
[01:10:41.000 --> 01:10:45.000] You sue the judge for failing to perform a ministerial duty.
[01:10:45.000 --> 01:10:50.000] That's something they don't have immunity from.
[01:10:50.000 --> 01:10:56.000] And you maintain that the judge had a duty, a ministerial duty,
[01:10:56.000 --> 01:10:59.000] one over which he had no discretion,
[01:10:59.000 --> 01:11:03.000] to determine the facts in accordance with the rules of evidence,
[01:11:03.000 --> 01:11:07.000] then apply the laws that came to him to the facts in the case.
[01:11:07.000 --> 01:11:11.000] If you maintain he did not do that, sue him for that.
[01:11:11.000 --> 01:11:14.000] Now, any time you sue a judge,
[01:11:14.000 --> 01:11:16.000] the other judges are going to protect that judge
[01:11:16.000 --> 01:11:19.000] and throw out your case no matter what you do.
[01:11:19.000 --> 01:11:21.000] Right, exactly.
[01:11:21.000 --> 01:11:22.000] Who cares?
[01:11:22.000 --> 01:11:26.000] Would you have a claim for violation of civil rights and due process?
[01:11:26.000 --> 01:11:27.000] Yes, we would.
[01:11:27.000 --> 01:11:28.000] Title 42.
[01:11:28.000 --> 01:11:31.000] They'll throw it out anyway.
[01:11:31.000 --> 01:11:37.000] However, however, this puts a mark on his record that never goes away.
[01:11:37.000 --> 01:11:40.000] And you don't have to chase his bond this way.
[01:11:40.000 --> 01:11:45.000] The suit will go directly to his bond.
[01:11:45.000 --> 01:11:50.000] When you sue the judge, it is the bonding company who has indemnified him.
[01:11:50.000 --> 01:11:54.000] And his bond rating will go through the roof.
[01:11:54.000 --> 01:12:00.000] So, you know, a lawyer doesn't file a suit unless they got a pretty good shot at winning.
[01:12:00.000 --> 01:12:02.000] We don't care if we win or not.
[01:12:02.000 --> 01:12:06.000] We can file a suit just to beat him up with.
[01:12:06.000 --> 01:12:08.000] And that's one way to go about it.
[01:12:08.000 --> 01:12:10.000] And criminal is another one.
[01:12:10.000 --> 01:12:18.000] Criminal is like playing Russian roulette with their careers.
[01:12:18.000 --> 01:12:20.000] I don't like that.
[01:12:20.000 --> 01:12:24.000] Yeah, they think that, you know, nobody's going to prosecute me
[01:12:24.000 --> 01:12:31.000] unless that prosecutor's really P.O.ed at me for the last time I chewed him out in court.
[01:12:31.000 --> 01:12:34.000] And what if he does decide to pick this up?
[01:12:34.000 --> 01:12:37.000] What if he wants to get rid of me?
[01:12:37.000 --> 01:12:41.000] He can use this complaint to end my career.
[01:12:41.000 --> 01:12:47.000] An indictment, and Texas has it, and I'm sure most states have it.
[01:12:47.000 --> 01:12:53.000] If you're indicted, you're subject to court warrant or removal from office.
[01:12:53.000 --> 01:13:01.000] The district attorney for Travis County was arrested for DUI and subsequently indicted.
[01:13:01.000 --> 01:13:09.000] And the governor told her either she steps down from office or he's going to deny her budget.
[01:13:09.000 --> 01:13:12.000] And she refused to step down.
[01:13:12.000 --> 01:13:19.000] He denied her budget, and now the governor's under a court of inquiry.
[01:13:19.000 --> 01:13:22.000] So this has created all kinds of garbage.
[01:13:22.000 --> 01:13:25.000] And she's sent out of office.
[01:13:25.000 --> 01:13:26.000] Here's the thing, too.
[01:13:26.000 --> 01:13:29.000] If you go and sue them in civil or criminal, I mean, you know,
[01:13:29.000 --> 01:13:33.000] I would try to get criminal charged against them or try to sue in civil.
[01:13:33.000 --> 01:13:40.000] If you and you will lose in civil, then they're going to put all the charges against you because you lost.
[01:13:40.000 --> 01:13:42.000] Oh, no, they can't.
[01:13:42.000 --> 01:13:44.000] No, no, you don't understand.
[01:13:44.000 --> 01:13:47.000] They can't file charges against you for a lawsuit.
[01:13:47.000 --> 01:13:50.000] A lawsuit's testimony.
[01:13:50.000 --> 01:13:58.000] I could go into court, get on the stand, and just say anything about you I want to.
[01:13:58.000 --> 01:14:04.000] I could lie like a dog, make up stuff, slander you, do anything I want to.
[01:14:04.000 --> 01:14:09.000] You cannot sue me ever, period kaput.
[01:14:09.000 --> 01:14:14.000] I might be able to be prosecuted if I commit aggravated perjury.
[01:14:14.000 --> 01:14:18.000] But you cannot be sued for testimony, period.
[01:14:18.000 --> 01:14:21.000] You have the same immunity that a judge does.
[01:14:21.000 --> 01:14:25.000] So no, you don't have to worry about them unless they charge you for the suit.
[01:14:25.000 --> 01:14:31.000] And if you sue for declaratory judgment, they can't even do that.
[01:14:31.000 --> 01:14:33.000] Oh, they can't?
[01:14:33.000 --> 01:14:43.000] But it's almost never that they will come back at you for costs because they're illegally throwing out your suit.
[01:14:43.000 --> 01:14:44.000] They do me.
[01:14:44.000 --> 01:14:48.000] They want me to pay when I'm right.
[01:14:48.000 --> 01:14:52.000] They dismissed my non-civil, non-civil suit, and they want me to pay the cost.
[01:14:52.000 --> 01:14:55.000] And I'll be gag-on if I'm going to pay it.
[01:14:55.000 --> 01:14:56.000] I'll be gag-on.
[01:14:56.000 --> 01:14:57.000] OK, that's a different issue.
[01:14:57.000 --> 01:15:00.000] That is not you suing public officials.
[01:15:00.000 --> 01:15:01.000] That's true.
[01:15:01.000 --> 01:15:02.000] That's true.
[01:15:02.000 --> 01:15:03.000] It's not.
[01:15:03.000 --> 01:15:09.000] That's in a civil case, in a normal civil case, people have to pay their own costs.
[01:15:09.000 --> 01:15:19.000] And if they lose and costs are awarded, which in a suit against public officials, they're almost never awarded.
[01:15:19.000 --> 01:15:23.000] The state absorbs that, especially when you're throwing your stuff out criminal.
[01:15:23.000 --> 01:15:26.000] Last time we did it, they didn't charge.
[01:15:26.000 --> 01:15:34.000] We sued a Judge Evans, a JP, because instead of filing a challenge to subject matter jurisdiction,
[01:15:34.000 --> 01:15:38.000] we just sued him for impersonating a public official.
[01:15:38.000 --> 01:15:42.000] The prosecuting, they got the county attorney to write his answer.
[01:15:42.000 --> 01:15:49.000] And we sued the prosecuting attorney for misappropriation of public funds because we sued the judge in his personal capacity.
[01:15:49.000 --> 01:15:51.000] Oh, that was great fun.
[01:15:51.000 --> 01:15:52.000] Yeah.
[01:15:52.000 --> 01:15:54.000] Well, this judge doesn't even have an oath.
[01:15:54.000 --> 01:15:56.000] He doesn't have an oath filed.
[01:15:56.000 --> 01:15:58.000] He hasn't had a file for four terms.
[01:15:58.000 --> 01:16:02.000] Then file criminal charges against him for impersonating a public official.
[01:16:02.000 --> 01:16:03.000] I know.
[01:16:03.000 --> 01:16:04.000] It's hanging by a wall in a frame.
[01:16:04.000 --> 01:16:06.000] OK, hang on.
[01:16:06.000 --> 01:16:10.000] Do you have, look up court of inquiry for Ohio.
[01:16:10.000 --> 01:16:12.000] We have that in Texas.
[01:16:12.000 --> 01:16:14.000] See if you have it in Ohio.
[01:16:14.000 --> 01:16:22.000] If you don't, you're going to have something similar, some method of investigating public officials for wholesale wrongdoing.
[01:16:22.000 --> 01:16:25.000] Wholesale wrongdoing?
[01:16:25.000 --> 01:16:32.000] Yeah, if they're misappropriating funds or they're misusing their office, there's going to be a method.
[01:16:32.000 --> 01:16:40.000] You know, we have regular criminal charges here, but we also have a court of inquiry that's specific for public officials.
[01:16:40.000 --> 01:16:42.000] Look in Ohio, you probably have something.
[01:16:42.000 --> 01:16:44.000] But when we come back, we really need to move along.
[01:16:44.000 --> 01:16:47.000] We've got a whole bunch of callers and only three segments left.
[01:16:47.000 --> 01:16:55.000] This is Randy Kelton, Deborah Stevens, Rue La Blah Radio, our call in number 512-646-1984.
[01:16:55.000 --> 01:17:00.000] We'll be right back.
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[01:19:23.000 --> 01:19:51.000] Okay, we are back.
[01:19:51.000 --> 01:19:58.000] We are here with our special co-host, Joe Esquivel.
[01:19:58.000 --> 01:20:04.000] And Rosanna, do we have anything else we need to address with you?
[01:20:04.000 --> 01:20:09.000] No, I'm going to look at the quarter inquiries and see what I can find for Ohio.
[01:20:09.000 --> 01:20:11.000] I'm going to work on everything here.
[01:20:11.000 --> 01:20:15.000] Oh, by the way, Ohio has a smart bar grievance.
[01:20:15.000 --> 01:20:21.000] And do the plug-in, you know, but it wants to duplicate names.
[01:20:21.000 --> 01:20:25.000] Now, I don't know if you want to know about that or not, but there must be something wrong with the way it's set up in there.
[01:20:25.000 --> 01:20:28.000] I just went ahead and printed it out and filled it out.
[01:20:28.000 --> 01:20:33.000] But when you plug in the name, the fill out your bar grievance for Ohio,
[01:20:33.000 --> 01:20:37.000] it's kind of messing up or something would duplicate.
[01:20:37.000 --> 01:20:40.000] I put in my name and then it goes down the lawyer's area.
[01:20:40.000 --> 01:20:45.000] I didn't understand that, but at any rate, I didn't know if something was wrong or not.
[01:20:45.000 --> 01:20:54.000] And Joe, you or Randy, is there some place that really goes over bonds and insurance for lawyers and 1099s for them?
[01:20:54.000 --> 01:20:57.000] The forms are supposed to fill out with the IRS.
[01:20:57.000 --> 01:20:59.000] Is there some place we can go to get more information?
[01:20:59.000 --> 01:21:00.000] Okay, wait.
[01:21:00.000 --> 01:21:02.000] I may have something for you.
[01:21:02.000 --> 01:21:13.000] Send me an email and we have, Steve knows a really good paralegal researcher in Ohio.
[01:21:13.000 --> 01:21:14.000] Oh, okay.
[01:21:14.000 --> 01:21:25.000] And give me a synopsis of your issue and I will forward it to Chris and see if he wants to give you some assistance.
[01:21:25.000 --> 01:21:27.000] Okay, all right.
[01:21:27.000 --> 01:21:28.000] Okay.
[01:21:28.000 --> 01:21:29.000] And you guys have a good night.
[01:21:29.000 --> 01:21:31.000] Thanks so much.
[01:21:31.000 --> 01:21:32.000] Okay.
[01:21:31.000 --> 01:21:33.000] Thank you, Suzanne.
[01:21:33.000 --> 01:21:38.000] Okay, now we're going to go to Mark in Wisconsin.
[01:21:38.000 --> 01:21:42.000] Hello, Mark.
[01:21:42.000 --> 01:21:44.000] Okay, hold on, hold on.
[01:21:44.000 --> 01:21:46.000] That is not going to work.
[01:21:46.000 --> 01:21:52.000] You want a wireless phone?
[01:21:52.000 --> 01:21:53.000] We cannot hear you.
[01:21:53.000 --> 01:21:56.000] It sounds like you're on a wireless headset, a wireless headset.
[01:21:56.000 --> 01:21:59.000] All we're getting is squeaking and vibrating.
[01:21:59.000 --> 01:22:06.000] It's impossible to understand you.
[01:22:06.000 --> 01:22:09.000] No, absolutely not going to work.
[01:22:09.000 --> 01:22:16.000] Can you try calling us back on a different phone?
[01:22:16.000 --> 01:22:19.000] Okay, we can't understand anything you're saying.
[01:22:19.000 --> 01:22:21.000] A little bit of feedback.
[01:22:21.000 --> 01:22:23.000] No, I'm getting a squealing.
[01:22:23.000 --> 01:22:28.000] When you get that little squeaking noise, that's generally a wireless phone does that.
[01:22:28.000 --> 01:22:34.000] But your voice is kind of breaking in and out real fast,
[01:22:34.000 --> 01:22:37.000] so we couldn't understand anything.
[01:22:37.000 --> 01:22:38.000] Okay, he hung up.
[01:22:38.000 --> 01:22:40.000] He may try calling back.
[01:22:40.000 --> 01:22:45.000] Okay, we're going to go to Carlos in California.
[01:22:45.000 --> 01:22:47.000] Hello, Senor Carlos.
[01:22:47.000 --> 01:22:48.000] Hello.
[01:22:48.000 --> 01:22:50.000] Okay, can you hear me good?
[01:22:50.000 --> 01:22:51.000] Yes, we can.
[01:22:51.000 --> 01:22:52.000] All right, all right.
[01:22:52.000 --> 01:22:53.000] Thank you.
[01:22:53.000 --> 01:22:58.000] Okay, now this question is for Mr. Esquivel.
[01:22:58.000 --> 01:23:04.000] Why, if I was foreclosed by Wells Fargo,
[01:23:04.000 --> 01:23:14.000] why would Covia file a 1099 with the IRS?
[01:23:14.000 --> 01:23:17.000] Okay, can you ask the...
[01:23:17.000 --> 01:23:19.000] I want to make sure I'm listening to your question again.
[01:23:19.000 --> 01:23:21.000] You're post-foreclosure.
[01:23:21.000 --> 01:23:22.000] Yes.
[01:23:22.000 --> 01:23:26.000] And you originally, you were with World Savings Bank, correct?
[01:23:26.000 --> 01:23:28.000] Yes.
[01:23:28.000 --> 01:23:30.000] Okay, I remember talking to you.
[01:23:30.000 --> 01:23:37.000] And your question is, why did Wall Covia send you a 1099?
[01:23:37.000 --> 01:23:42.000] No, why did Wall Covia file the 1099 with the IRS
[01:23:42.000 --> 01:23:52.000] instead of the real holder or the foreclosing beneficiary?
[01:23:52.000 --> 01:23:56.000] Wait, when was the 1099 filed?
[01:23:56.000 --> 01:24:02.000] It was filed right on the date that I was foreclosed.
[01:24:02.000 --> 01:24:06.000] Was that a 1099A or a 1099C?
[01:24:06.000 --> 01:24:09.000] It was 1099A.
[01:24:09.000 --> 01:24:14.000] Okay, I'm looking for when did Wall Covia go out of business
[01:24:14.000 --> 01:24:17.000] and when did they file this 1099?
[01:24:17.000 --> 01:24:23.000] Was it after they went out of business?
[01:24:23.000 --> 01:24:24.000] That's my problem.
[01:24:24.000 --> 01:24:29.000] I was foreclosed by Wells Fargo.
[01:24:29.000 --> 01:24:37.000] Okay, you didn't tell me the date of the 1099 from Wall Covia.
[01:24:37.000 --> 01:24:43.000] It was July 28, 2010.
[01:24:43.000 --> 01:24:46.000] Okay, they were out of business for two years then.
[01:24:46.000 --> 01:24:47.000] Yes.
[01:24:47.000 --> 01:24:51.000] So how did a non-existent company file a 1099?
[01:24:51.000 --> 01:24:54.000] Right, that's my question.
[01:24:54.000 --> 01:25:00.000] And what can I do about it?
[01:25:00.000 --> 01:25:02.000] That is a good question, Joe.
[01:25:02.000 --> 01:25:05.000] Can you answer that one?
[01:25:05.000 --> 01:25:12.000] I'm not sure what you can do about it as far as...
[01:25:12.000 --> 01:25:13.000] That's a tax question.
[01:25:13.000 --> 01:25:16.000] I couldn't answer that one, to be honest with you.
[01:25:16.000 --> 01:25:21.000] In my mind, that goes for tax fraud and somebody needs to inform the IRS.
[01:25:21.000 --> 01:25:22.000] That's what I was thinking.
[01:25:22.000 --> 01:25:27.000] What's the number of that form to give notice of tax fraud?
[01:25:27.000 --> 01:25:30.000] 3949.
[01:25:30.000 --> 01:25:32.000] That's much lower form.
[01:25:32.000 --> 01:25:41.000] Exactly.
[01:25:41.000 --> 01:25:42.000] Go ahead, Carlos.
[01:25:42.000 --> 01:25:45.000] Let me jump to the other question that I have.
[01:25:45.000 --> 01:25:48.000] I'll do it real quickly and I'll let you think about that
[01:25:48.000 --> 01:25:52.000] and we'll talk about that first question next week.
[01:25:52.000 --> 01:25:57.000] I received a deed of trust from a friend of mine.
[01:25:57.000 --> 01:26:03.000] He says, take a look at it, and it's form 3005.
[01:26:03.000 --> 01:26:06.000] It's a deed of trust, you know, like all of them.
[01:26:06.000 --> 01:26:15.000] On page 15, it says space below this line for acknowledgement.
[01:26:15.000 --> 01:26:22.000] So they do acknowledge my friend's name and ID and everything.
[01:26:22.000 --> 01:26:29.000] On the bottom, it says request for reconveyance, and then it says to trustee,
[01:26:29.000 --> 01:26:34.000] the underside is the holder of the note or note secured by this deed of trust.
[01:26:34.000 --> 01:26:41.000] Said note or note, together with all the indebtedness secured by this deed of trust,
[01:26:41.000 --> 01:26:43.000] have been paid in full.
[01:26:43.000 --> 01:26:48.000] You are hereby directed to cancel said note or note and this deed of trust,
[01:26:48.000 --> 01:26:54.000] are delivered hereby and to reconvey without warranty all the estate now held by you
[01:26:54.000 --> 01:26:59.000] under this deed of trust to the person or person legally entitled there to.
[01:26:59.000 --> 01:27:04.000] And then it has the same date as when they acknowledge my friend's signature.
[01:27:04.000 --> 01:27:10.000] Does that mean anything?
[01:27:10.000 --> 01:27:15.000] It sounds to me like it does.
[01:27:15.000 --> 01:27:19.000] But it doesn't make sense.
[01:27:19.000 --> 01:27:21.000] I'm confused.
[01:27:21.000 --> 01:27:30.000] There seems to be a release of lien issued on the date of issuance of the lien itself.
[01:27:30.000 --> 01:27:32.000] Right.
[01:27:32.000 --> 01:27:38.000] Generally, if there is a release of lien, it's on a separate document.
[01:27:38.000 --> 01:27:42.000] Can you Skype me a copy of that?
[01:27:42.000 --> 01:27:45.000] Yes, yes.
[01:27:45.000 --> 01:27:50.000] Let me have your email or Skype whatever is easier.
[01:27:50.000 --> 01:27:55.000] Or just email it to Randy at ruleoflawradio.com.
[01:27:55.000 --> 01:27:57.000] Randy at ruleoflawradio.com.
[01:27:57.000 --> 01:28:04.000] Yeah, I think this guy, I mean, I don't, this is the latest deed of trust that they have.
[01:28:04.000 --> 01:28:07.000] We received this from the bank.
[01:28:07.000 --> 01:28:09.000] I don't think they should send it.
[01:28:09.000 --> 01:28:15.000] Okay, this is not the document filed in the county registrar's office.
[01:28:15.000 --> 01:28:18.000] I don't know.
[01:28:18.000 --> 01:28:23.000] I sent a qualified written request and a validation of that that this is what they sent me.
[01:28:23.000 --> 01:28:29.000] Okay, take that document and file it in the county record.
[01:28:29.000 --> 01:28:30.000] Okay.
[01:28:30.000 --> 01:28:31.000] All right.
[01:28:31.000 --> 01:28:32.000] All right.
[01:28:32.000 --> 01:28:34.000] That's a good idea.
[01:28:34.000 --> 01:28:40.000] If it turns out to be a mistake on their part, tough.
[01:28:40.000 --> 01:28:47.000] Well, it's acknowledged, notarized, and it's stated as same as above in its instructions to the trustee.
[01:28:47.000 --> 01:28:50.000] The trustee, this has been paid.
[01:28:50.000 --> 01:28:51.000] Get rid of it.
[01:28:51.000 --> 01:28:53.000] This deed of trust no longer has any value.
[01:28:53.000 --> 01:28:55.000] That's what it says.
[01:28:55.000 --> 01:29:00.000] This is what I talked about earlier, that we see this sometimes.
[01:29:00.000 --> 01:29:01.000] Right.
[01:29:01.000 --> 01:29:07.000] What I believe was going on is we had people that had been around for a long time.
[01:29:07.000 --> 01:29:08.000] I'm sorry.
[01:29:08.000 --> 01:29:14.000] I talked about this last night on Thursday on the call-in show, Wednesday on the call-in show.
[01:29:14.000 --> 01:29:18.000] We had these people spend around a long time, 20 years or so.
[01:29:18.000 --> 01:29:30.000] And then in year 2000, the bank started this whole new routine where everything was different than it had been for the last 200 years.
[01:29:30.000 --> 01:29:32.000] But they had these people been around a long time.
[01:29:32.000 --> 01:29:38.000] And they knew that when you sell the note, that you file a release of lien.
[01:29:38.000 --> 01:29:41.000] And they didn't know they weren't supposed to.
[01:29:41.000 --> 01:29:45.000] So they got a lot of releases of lien in the record that shouldn't have been filed.
[01:29:45.000 --> 01:29:46.000] Hang on.
[01:29:46.000 --> 01:29:54.000] This is Randy Kelton, Devin Stevens, Joe Esquivel, Rule of Law Radio, our call-in number, 512-646-1984.
[01:29:54.000 --> 01:30:01.000] We'll be right back.
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[01:33:48.000 --> 01:34:02.000] Okay, we are back. Randy Kelton, Debbie Stevens, Joe Esquivel. We're on the radio, and we're talking to Carlos in California.
[01:34:02.000 --> 01:34:04.000] Okay, Carlos, where were we?
[01:34:04.000 --> 01:34:07.000] Okay, last question.
[01:34:07.000 --> 01:34:09.000] Can you hear me?
[01:34:09.000 --> 01:34:23.000] We can hear you. We're waiting for the...we were picking on our guy on the break, so he didn't turn the slider down quick enough to punish me.
[01:34:23.000 --> 01:34:25.000] Go ahead.
[01:34:25.000 --> 01:34:31.000] Okay, now, let's go back to my...real quick. Let's go back to my foreclosure.
[01:34:31.000 --> 01:34:40.000] On my Ditto Trust, it has a signature. On the Node, it has a different signature. I have an expert working on that signature.
[01:34:40.000 --> 01:34:46.000] Wait, hold on, hold on, hold on. A signature. Are you talking about the...
[01:34:46.000 --> 01:34:47.000] My name.
[01:34:47.000 --> 01:34:50.000] Your name, okay.
[01:34:50.000 --> 01:34:55.000] On Ditto Trust, it's 100% different.
[01:34:55.000 --> 01:35:08.000] Now, my plan is to get an expert to make me...in writing, make me an affidavit saying this signature doesn't conform with this signature.
[01:35:08.000 --> 01:35:16.000] Only one of these two signatures conforms with my passport, United States passport, back then in the same year.
[01:35:16.000 --> 01:35:20.000] All the three signatures are within the same year.
[01:35:20.000 --> 01:35:25.000] Can you send me copies of both of those?
[01:35:25.000 --> 01:35:28.000] Yes, I'll send you also a copy of that.
[01:35:28.000 --> 01:35:39.000] Okay, I'm not exactly an expert, but I have studied graphology quite a bit, and I can look at a signature and pretty well tell if it's the same hand or not.
[01:35:39.000 --> 01:35:48.000] I had someone recently send me two signatures that didn't...on the surface didn't look anything alike.
[01:35:48.000 --> 01:35:53.000] But from a graphological standpoint, they were clearly by the same hand.
[01:35:53.000 --> 01:35:55.000] Okay, great, great.
[01:35:55.000 --> 01:36:09.000] Okay, what I'm thinking here is if they have forged a document, they most likely didn't simply try to forge your signature.
[01:36:09.000 --> 01:36:15.000] They probably took a signature off of something else and copied it onto here.
[01:36:15.000 --> 01:36:17.000] Right, okay.
[01:36:17.000 --> 01:36:26.000] A lot of times, you know, depending on your mood or how busy you are, how much in a hurry you are, your signature will appear to change quite a bit.
[01:36:26.000 --> 01:36:30.000] But the way you form your characters won't change.
[01:36:30.000 --> 01:36:39.000] The way you cross your Ts, the way you turn your loops, the way you connect loops together, there are characteristics in there that never change.
[01:36:39.000 --> 01:36:41.000] So we'll be able to tell.
[01:36:41.000 --> 01:36:55.000] Okay, now if I get it right and the expert says they don't confirm with the same person who wrote it, can I go for declaratory release?
[01:36:55.000 --> 01:36:59.000] Okay, you're talking about which signature?
[01:36:59.000 --> 01:37:03.000] Okay, the one on the note appears to be your signature.
[01:37:03.000 --> 01:37:06.000] The one on the security instrument does not?
[01:37:06.000 --> 01:37:09.000] Right.
[01:37:09.000 --> 01:37:25.000] Do you find – have you been through this document and checked it closely for differences from the – do you have a copy of the one you actually signed at close?
[01:37:25.000 --> 01:37:29.000] You know what?
[01:37:29.000 --> 01:37:31.000] I should have it.
[01:37:31.000 --> 01:37:32.000] I should have it now.
[01:37:32.000 --> 01:37:33.000] I've got to go look for it.
[01:37:33.000 --> 01:37:37.000] But this is something the bank sends me.
[01:37:37.000 --> 01:37:41.000] Okay, check – see if you can find the one you actually signed.
[01:37:41.000 --> 01:37:49.000] If not, pull the one from the county registrar's office and see if the signatures match on that.
[01:37:49.000 --> 01:37:53.000] And then look at the document itself.
[01:37:53.000 --> 01:38:00.000] See if there are any differences in the documents of substance.
[01:38:00.000 --> 01:38:13.000] If the document has no substantial difference, then this signature won't be relevant because this is not a document that was filed in the record.
[01:38:13.000 --> 01:38:20.000] So it doesn't have to be an exact, accurate document.
[01:38:20.000 --> 01:38:37.000] If somebody else has stuck a signature on it and it is a document that you did actually sign a document with the same elements in it and that document's filed in the record, this one here won't make any difference.
[01:38:37.000 --> 01:38:41.000] Does that – you understand the distinction?
[01:38:41.000 --> 01:38:46.000] Yes, it has to be different than the one on the public records.
[01:38:46.000 --> 01:38:50.000] Yes, if it's substantially different, now you have an issue.
[01:38:50.000 --> 01:39:09.000] But if they took the same blank document and put your signature on it, you know, had your name put on it and put your signature on it, but it's substantially the same, then there's no grounds for forgery or misrepresentation.
[01:39:09.000 --> 01:39:10.000] All right.
[01:39:10.000 --> 01:39:11.000] All right.
[01:39:11.000 --> 01:39:14.000] I'll email it to you anyway.
[01:39:14.000 --> 01:39:16.000] Thank you.
[01:39:16.000 --> 01:39:17.000] Okay.
[01:39:17.000 --> 01:39:22.000] You was hoping you'd get to Coburn with that one, weren't you?
[01:39:22.000 --> 01:39:23.000] Okay.
[01:39:23.000 --> 01:39:24.000] Thank you, Los Carlos.
[01:39:24.000 --> 01:39:25.000] Okay.
[01:39:25.000 --> 01:39:29.000] Now we're going to go to – oh, James is back up.
[01:39:29.000 --> 01:39:34.000] James, did you have another question or comment for us?
[01:39:34.000 --> 01:39:37.000] A different James, actually.
[01:39:37.000 --> 01:39:38.000] Hello?
[01:39:38.000 --> 01:39:42.000] Oh, another James in the Fort Worth area.
[01:39:42.000 --> 01:39:46.000] Okay, sir.
[01:39:46.000 --> 01:39:47.000] Okay, go ahead.
[01:39:47.000 --> 01:39:48.000] Oh, okay.
[01:39:48.000 --> 01:39:49.000] Sorry.
[01:39:49.000 --> 01:39:54.000] I have a question about re-keying, having a tenant landlord dispute.
[01:39:54.000 --> 01:40:00.000] Upon moving in, I tried to turn the deadbolt key and it snapped in half immediately.
[01:40:00.000 --> 01:40:09.000] I went to the landlord and he asked me to either have a new key or have it re-keyed.
[01:40:09.000 --> 01:40:10.000] This was not honored.
[01:40:10.000 --> 01:40:18.000] It's been about 30 days now and I've just had other issues that have made me want to
[01:40:18.000 --> 01:40:25.000] send a written request via certified mail such that if that is not responded to, I could
[01:40:25.000 --> 01:40:26.000] break my lease.
[01:40:26.000 --> 01:40:36.000] My question is to you in the – I think it's subsection 92 in the Texas Property Code.
[01:40:36.000 --> 01:40:43.000] It outlines that there is a specific – there has to be a specific part of your lease that
[01:40:43.000 --> 01:40:49.000] says that you have to give your request with respect to security devices in writing and
[01:40:49.000 --> 01:40:53.000] that if that is not the case, that oral request should suffice.
[01:40:53.000 --> 01:40:59.000] I was wondering how you would go about proving that you gave an oral request in the event
[01:40:59.000 --> 01:41:01.000] that you needed to.
[01:41:01.000 --> 01:41:06.000] One way is to record it.
[01:41:06.000 --> 01:41:12.000] Another way is to write a transcript of what was said on both sides and then swear to that
[01:41:12.000 --> 01:41:15.000] before a notary as an affidavit.
[01:41:15.000 --> 01:41:16.000] Okay.
[01:41:16.000 --> 01:41:23.000] That works – a written transcript is actually generally better and easier to get into a
[01:41:23.000 --> 01:41:28.000] court than a recording.
[01:41:28.000 --> 01:41:34.000] Because there's objections to the recording without them knowing about it and they'll
[01:41:34.000 --> 01:41:39.000] claim entrapment and that you set them up and blah, blah, blah.
[01:41:39.000 --> 01:41:46.000] Well, if you bring a transcript and say this is exactly what was said – I did that once
[01:41:46.000 --> 01:41:53.000] about a conversation I think four years earlier and told them this is exactly what was said.
[01:41:53.000 --> 01:41:58.000] Finally, the lawyer kept asking me if I was certain this is what was said.
[01:41:58.000 --> 01:42:00.000] Absolutely, this is exactly what was said.
[01:42:00.000 --> 01:42:02.000] Well, Mr. Kelton, you must have a photographic memory.
[01:42:02.000 --> 01:42:05.000] Oh, no, I have a terrible memory.
[01:42:05.000 --> 01:42:09.000] The judge kind of ducked his head and put his hand on his head.
[01:42:09.000 --> 01:42:10.000] He saw it coming.
[01:42:10.000 --> 01:42:12.000] The lawyer never picked it up.
[01:42:12.000 --> 01:42:16.000] Well, you have a terrible memory and this is exactly what was said?
[01:42:16.000 --> 01:42:17.000] Oh, absolutely.
[01:42:17.000 --> 01:42:19.000] Well, how do you know this is exactly what was said?
[01:42:19.000 --> 01:42:24.000] And the judge, he just kind of cringed when the lawyer asked that question.
[01:42:24.000 --> 01:42:28.000] I said, well, I took it off the transcript.
[01:42:28.000 --> 01:42:29.000] What transcript?
[01:42:29.000 --> 01:42:31.000] The one I made from the recording.
[01:42:31.000 --> 01:42:32.000] Objection!
[01:42:32.000 --> 01:42:35.000] Oh, no, counselor.
[01:42:35.000 --> 01:42:37.000] You opened the door.
[01:42:37.000 --> 01:42:39.000] Mr. Kelton gets to walk through it.
[01:42:39.000 --> 01:42:44.000] Then I got to bring in the guy who I was testifying for.
[01:42:44.000 --> 01:42:46.000] His lawyer hops up.
[01:42:46.000 --> 01:42:49.000] The lawyer said to me, no more questions.
[01:42:49.000 --> 01:42:52.000] His lawyer hops up and he said, recordings?
[01:42:52.000 --> 01:42:53.000] Yeah, do you have that recording?
[01:42:53.000 --> 01:42:58.000] Yeah, just so happens that I do.
[01:42:58.000 --> 01:43:04.000] So, you know, if you record someone, never offer the recording.
[01:43:04.000 --> 01:43:05.000] Okay.
[01:43:05.000 --> 01:43:09.000] Make a transcript and testify to exactly what was said
[01:43:09.000 --> 01:43:15.000] and sucker the dumb lawyer into asking you about how you know that's exactly the wordage.
[01:43:15.000 --> 01:43:16.000] That'll walk.
[01:43:16.000 --> 01:43:18.000] That'll give it foundation.
[01:43:18.000 --> 01:43:22.000] You know, you don't have to establish foundation for the testimony.
[01:43:22.000 --> 01:43:26.000] The other lawyer would do that for you.
[01:43:26.000 --> 01:43:27.000] Okay.
[01:43:27.000 --> 01:43:30.000] So I did not record the conversation we had.
[01:43:30.000 --> 01:43:32.000] So as far as I can...
[01:43:32.000 --> 01:43:34.000] Wait a minute, wait a minute, wait a minute, wait a minute.
[01:43:34.000 --> 01:43:38.000] You shouldn't have said that on the air.
[01:43:38.000 --> 01:43:41.000] I see.
[01:43:41.000 --> 01:43:46.000] Okay, hang on, Randy Kelton, Debra Stevens, Joe Esquivel, Rule of Law Radio.
[01:43:46.000 --> 01:43:51.000] I call in number 512-646-1984.
[01:43:51.000 --> 01:44:00.000] We're having way too much fun here and we'll be right back on the other side.
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[01:46:26.000 --> 01:46:48.000] Okay, we are back, Randy Kelton, Joe Esquivel, Rule of Law Radio,
[01:46:48.000 --> 01:46:50.000] and we're talking to James in Texas.
[01:46:50.000 --> 01:46:55.000] James, just a second, let me check Mark to see if he has another question
[01:46:55.000 --> 01:46:57.000] so I'll know how much time to spend.
[01:46:57.000 --> 01:46:59.000] Mark, are you there?
[01:46:59.000 --> 01:47:01.000] Can you hear me this time?
[01:47:01.000 --> 01:47:03.000] I can hear you this time.
[01:47:03.000 --> 01:47:07.000] Okay, hang on, let me finish with James, and then I'll come back to you.
[01:47:07.000 --> 01:47:10.000] Okay, be right back.
[01:47:10.000 --> 01:47:15.000] Okay, James, that was the second Mark in Wisconsin.
[01:47:15.000 --> 01:47:16.000] There we go.
[01:47:16.000 --> 01:47:19.000] Okay, James, where were we?
[01:47:19.000 --> 01:47:21.000] I'll try to make it quick.
[01:47:21.000 --> 01:47:26.000] We were talking about re-keying, and I maybe shouldn't have admitted it like this,
[01:47:26.000 --> 01:47:29.000] but I didn't record the conversation, so my next step would be to send
[01:47:29.000 --> 01:47:37.000] a written request and wait the three days for the treaty license to be changed.
[01:47:37.000 --> 01:47:41.000] Okay, one thing here.
[01:47:41.000 --> 01:47:47.000] Pick your battles really careful.
[01:47:47.000 --> 01:47:53.000] Why don't you just change the deadbolt and then bill them for it?
[01:47:53.000 --> 01:47:55.000] Yeah, deduct it from the rent?
[01:47:55.000 --> 01:47:57.000] No, don't deduct it from the rent.
[01:47:57.000 --> 01:47:59.000] Send them a bill.
[01:47:59.000 --> 01:48:01.000] Okay, got it.
[01:48:01.000 --> 01:48:04.000] They'll probably just pay it because then they don't have to mess with it,
[01:48:04.000 --> 01:48:07.000] and you don't have a fight.
[01:48:07.000 --> 01:48:10.000] There are lots of fights we can have.
[01:48:10.000 --> 01:48:13.000] I got more fights than I could ever get to.
[01:48:13.000 --> 01:48:16.000] I have to pick them real careful.
[01:48:16.000 --> 01:48:22.000] Fighting over something like this, if you get the management really PO'd at you,
[01:48:22.000 --> 01:48:24.000] you might make a mistake.
[01:48:24.000 --> 01:48:29.000] Sometimes you want them to overlook.
[01:48:29.000 --> 01:48:32.000] I have a very quick follow-up question.
[01:48:32.000 --> 01:48:36.000] The unit that I'm living in is a house situated above a garage,
[01:48:36.000 --> 01:48:44.000] and the garage is a shared space between me and, say, the front house of the property.
[01:48:44.000 --> 01:48:48.000] The garage has handle locks, I suppose,
[01:48:48.000 --> 01:48:54.000] and one of the handle locks has been missing for the entire duration of my lease.
[01:48:54.000 --> 01:49:00.000] I tried to ask him to repair it such that the garage could actually be locked,
[01:49:00.000 --> 01:49:08.000] but he's telling me that since it's on the front house tenant's side of the garage
[01:49:08.000 --> 01:49:25.000] that he's dealing with it with her, and I have no standing to ask him to fix that.
[01:49:25.000 --> 01:49:30.000] How much would it cost you to fix the handle?
[01:49:30.000 --> 01:49:39.000] Not much, but I'd know for a fact that there's something in my lease about making any alterations to security.
[01:49:39.000 --> 01:49:44.000] Yeah, again, pick your battles carefully.
[01:49:44.000 --> 01:49:48.000] If you get a leak in the apartment, it floods your apartment there,
[01:49:48.000 --> 01:49:52.000] and that's something to really raise your records about,
[01:49:52.000 --> 01:50:02.000] but if you get the minor things, I suggest if you can avoid a fight, avoid a fight.
[01:50:02.000 --> 01:50:07.000] Only take the fights you have to get into.
[01:50:07.000 --> 01:50:11.000] I would just go fix it and send him a bill if he paid it fine.
[01:50:11.000 --> 01:50:15.000] If not, I wouldn't get too excited about it.
[01:50:15.000 --> 01:50:22.000] You spend a whole lot more chasing that down, and you won't teach him anything.
[01:50:22.000 --> 01:50:29.000] We go after public officials because we don't want them to do to everybody else what they do to us,
[01:50:29.000 --> 01:50:33.000] so it's worth beating them up over small things,
[01:50:33.000 --> 01:50:40.000] but your landlord, generally you come out a whole lot better if you get along with him.
[01:50:40.000 --> 01:50:46.000] I will take that advice. Would you still advise sending the written notice?
[01:50:46.000 --> 01:50:53.000] No, just fix it and send him a notice that I fixed it. This is what it cost me.
[01:50:53.000 --> 01:50:57.000] I would appreciate it if you would return my cost to me,
[01:50:57.000 --> 01:51:03.000] and he would most likely do that and be glad he didn't have to fool with it.
[01:51:03.000 --> 01:51:07.000] Should I just attach a receipt, say, for the lock that I bought?
[01:51:07.000 --> 01:51:11.000] Exactly. Test the receipt so he knows that it's accurate,
[01:51:11.000 --> 01:51:15.000] that he'll probably just pay the money for it and be glad you took care of it.
[01:51:15.000 --> 01:51:19.000] Okay, excellent. Thank you for the advice. I'll take it to heart.
[01:51:19.000 --> 01:51:23.000] All righty. Okay, now we're going to go to Mark in Wisconsin.
[01:51:23.000 --> 01:51:26.000] Sorry, Mark, we couldn't hear you earlier.
[01:51:26.000 --> 01:51:31.000] Well, that's all right. I guess these things happen with the fine phone technology.
[01:51:31.000 --> 01:51:37.000] I wanted to give the listeners an update on my Wisconsin 968 adventure,
[01:51:37.000 --> 01:51:43.000] so I wandered into one of the judge's chambers.
[01:51:43.000 --> 01:51:47.000] Okay, okay, hold on. This is where you sued the guy that gets sued a lot?
[01:51:47.000 --> 01:51:52.000] This is tied to that clown, yes.
[01:51:52.000 --> 01:51:55.000] Give us a real brief on the context.
[01:51:55.000 --> 01:51:59.000] Okay. The guy has a history of getting sued.
[01:51:59.000 --> 01:52:01.000] He ultimately plays a game of I'm the owner.
[01:52:01.000 --> 01:52:06.000] No, I'm not the owner, depending on whether or not it benefits him to be the owner,
[01:52:06.000 --> 01:52:08.000] not be the owner.
[01:52:08.000 --> 01:52:13.000] In my case, he went ahead and said it is beyond my knowledge to know who the owners were,
[01:52:13.000 --> 01:52:18.000] and I now have in my possession, after my case closed,
[01:52:18.000 --> 01:52:26.000] I got in my possession affidavits from the actual owners explaining how that was a lie.
[01:52:26.000 --> 01:52:32.000] And I have subsequent paperwork to show a bunch of his other stuff was BS.
[01:52:32.000 --> 01:52:42.000] So I went down to the courthouse to have the perjury charges and saw a judge.
[01:52:42.000 --> 01:52:48.000] The judge happened to be the judge involved in a case ongoing between him
[01:52:48.000 --> 01:52:53.000] and the ownership of the business, was going to be heard the next day.
[01:52:53.000 --> 01:52:58.000] The judge took about 20 minutes looking at my paperwork, came back out and told me that,
[01:52:58.000 --> 01:53:01.000] well, it was very nice that I thought I, you know, patting me on the head,
[01:53:01.000 --> 01:53:04.000] very nice that I thought I knew something.
[01:53:04.000 --> 01:53:08.000] But 968 isn't how they normally would like to handle these things.
[01:53:08.000 --> 01:53:18.000] Instead, have me file a John Doe lawsuit, and I should get a lawyer to do that.
[01:53:18.000 --> 01:53:20.000] I'm so confused.
[01:53:20.000 --> 01:53:23.000] Well, that was very nice of him.
[01:53:23.000 --> 01:53:27.000] What was going to be your claim in the John Doe lawsuit?
[01:53:27.000 --> 01:53:29.000] Well, that's the thing.
[01:53:29.000 --> 01:53:36.000] What he does is he wanted me to go visit the clerk of the courts to have me get the forms.
[01:53:36.000 --> 01:53:41.000] And the person I know down in the clerk of the courts who's been a fine gentleman,
[01:53:41.000 --> 01:53:47.000] he wasn't available, and so nobody else there knew anything about such forms.
[01:53:47.000 --> 01:53:52.000] But I was then invited to attend the hearing the next day.
[01:53:52.000 --> 01:53:58.000] And so after hearing the next day, I get a shout-out from the bench
[01:53:58.000 --> 01:54:02.000] saying about how I showed up and everything else.
[01:54:02.000 --> 01:54:04.000] He asked the two attorneys if that was okay.
[01:54:04.000 --> 01:54:06.000] Both of them said it's fine.
[01:54:06.000 --> 01:54:15.000] So an opportunity for an objection was passed up by my lying buddy's attorney.
[01:54:15.000 --> 01:54:20.000] And then they proceeded to take the affidavit that he had signed in my case
[01:54:20.000 --> 01:54:25.000] that the attorney refused to file, and the judge went ahead and said,
[01:54:25.000 --> 01:54:31.000] in this case over here, you said you weren't the owner, so we're going to go with that.
[01:54:31.000 --> 01:54:35.000] And his 200 pages that he'd filed, which had things like,
[01:54:35.000 --> 01:54:42.000] I was the secret 50 percent owner to avoid paying a bad tax debt,
[01:54:42.000 --> 01:54:46.000] all that stuff just evaporates.
[01:54:46.000 --> 01:54:51.000] And the judge hung him on his previous statement in my case.
[01:54:51.000 --> 01:54:53.000] What was he the owner of?
[01:54:53.000 --> 01:54:55.000] I still haven't heard that.
[01:54:55.000 --> 01:54:56.000] Okay.
[01:54:56.000 --> 01:55:06.000] He was the creator of an ultimately doomed restaurant chain that went into bankruptcy.
[01:55:06.000 --> 01:55:09.000] It came out of bankruptcy, went back into bankruptcy.
[01:55:09.000 --> 01:55:14.000] He'd restarted it two separate times and ultimately tax fraud
[01:55:14.000 --> 01:55:18.000] and other issues caused the closing of the business.
[01:55:18.000 --> 01:55:19.000] And so...
[01:55:19.000 --> 01:55:21.000] And what was your claim for?
[01:55:21.000 --> 01:55:25.000] My claim was for work that was done.
[01:55:25.000 --> 01:55:31.000] I did some computer work for him recovering his accounting data, and he refused to pay.
[01:55:31.000 --> 01:55:34.000] He has a history of nonpayment of vendors.
[01:55:34.000 --> 01:55:36.000] He filed a lien?
[01:55:36.000 --> 01:55:42.000] I went ahead and sued him in small claims in a separate county where the work was done.
[01:55:42.000 --> 01:55:50.000] And ultimately I got jerked around by the local magistrate in that courthouse.
[01:55:50.000 --> 01:55:54.000] They had an ex parte hearing without me to reopen the case.
[01:55:54.000 --> 01:56:01.000] The judge looked at his response to discovery and said, I believe that.
[01:56:01.000 --> 01:56:08.000] I then proceeded to start filing paperwork to show that he spoke a mistruth when he said
[01:56:08.000 --> 01:56:15.000] it was beyond his knowledge who the owners were of ultimately three restaurants
[01:56:15.000 --> 01:56:20.000] where he's the general manager and it's tightly held with five other people.
[01:56:20.000 --> 01:56:28.000] And there had been two of the stores had filed for bankruptcy with one of them explicitly saying
[01:56:28.000 --> 01:56:37.000] these are the owners and a document saying that he was in attendance at the ownership meeting.
[01:56:37.000 --> 01:56:40.000] So all that stuff went into the record.
[01:56:40.000 --> 01:56:47.000] The judge ignored twice, not once, but twice, a default judgment status.
[01:56:47.000 --> 01:56:51.000] And I finally was able to appeal that off the chain.
[01:56:51.000 --> 01:56:56.000] That judge looked at the record for 15 minutes, came back and said, yeah, it's all there.
[01:56:56.000 --> 01:57:04.000] I got a default judgment and two days later payment.
[01:57:04.000 --> 01:57:05.000] Good.
[01:57:05.000 --> 01:57:07.000] So you won in the end on that one.
[01:57:07.000 --> 01:57:13.000] Now I got lost on where we're at at the moment.
[01:57:13.000 --> 01:57:14.000] OK.
[01:57:14.000 --> 01:57:16.000] Well, mainly it was just to point out that.
[01:57:16.000 --> 01:57:20.000] OK. Quickly, minute and a half.
[01:57:20.000 --> 01:57:21.000] Yeah.
[01:57:21.000 --> 01:57:27.000] I went in with the nine sixty eight criminal complaint and the judge patted me on the head and said, go file a lawsuit.
[01:57:27.000 --> 01:57:32.000] And we don't we really don't want this kind of good.
[01:57:32.000 --> 01:57:35.000] Run the routine on the judge.
[01:57:35.000 --> 01:57:38.000] Oh, I'm actually you invoked his duty as a magistrate.
[01:57:38.000 --> 01:57:42.000] He failed to perform his duty, official misconduct.
[01:57:42.000 --> 01:57:49.000] Actually, I'm going to run it on the he said that this would have to go to the head of the judge in the county.
[01:57:49.000 --> 01:57:52.000] That's what I'm going to do is I'm going to walk it to the head judge.
[01:57:52.000 --> 01:57:53.000] Oh, good.
[01:57:53.000 --> 01:57:55.000] And say this guy sent you.
[01:57:55.000 --> 01:57:57.000] That's even better.
[01:57:57.000 --> 01:57:59.000] Yeah.
[01:57:59.000 --> 01:58:00.000] OK.
[01:58:00.000 --> 01:58:03.000] We are about out of time.
[01:58:03.000 --> 01:58:05.000] Thanks for taking my call.
[01:58:05.000 --> 01:58:06.000] OK.
[01:58:06.000 --> 01:58:07.000] Thank you, Mark.
[01:58:07.000 --> 01:58:11.000] This is Randy Kelton, Joe Esquivel, Rule of Law Radio.
[01:58:11.000 --> 01:58:22.000] We will be back next Monday with Craig on his traffic seminar and Eddie's holding the seminars on a regular basis.
[01:58:22.000 --> 01:58:25.000] He'll be there Sunday from two to five.
[01:58:25.000 --> 01:58:29.000] Make sure you show up if you have a traffic issue.
[01:58:29.000 --> 01:58:31.000] He will show you how to beat these guys up.
[01:58:31.000 --> 01:58:37.000] He is really working over the Travis County Municipal Courts.
[01:58:37.000 --> 01:58:39.000] He is really making a difference.
[01:58:39.000 --> 01:58:41.000] So show up at there.
[01:58:41.000 --> 01:58:42.000] We'll be back next week.
[01:58:42.000 --> 01:59:10.000] Thank you all for listening and good night.
[01:59:12.000 --> 01:59:14.000] We'll be back next week.
[01:59:42.000 --> 01:59:57.000] Thank you.