ROL_2014-04-10_16k.timecode

[00:00.000 --> 00:05.160]  You're listening to the Liberty Beat, your daily source for Liberty news and activist
[00:05.160 --> 00:08.400]  updates online at thelibertybeat.com.
[00:08.400 --> 00:13.640]  This is Justin Armand and this is Jessica Armand here with your Liberty Beat for April
[00:13.640 --> 00:15.680]  10th, 2014.
[00:15.680 --> 00:23.400]  Gold opened today at $1,318, silver at $20.15 and Bitcoin is trading at $411.
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[00:37.480 --> 00:42.280]  And from Voice and Exit, maximizing human flourishing through radical innovation.
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[00:46.520 --> 00:49.020]  June 21st at Austin Music Hall.
[00:49.020 --> 00:52.080]  Get yours today at voiceandexit.com.
[00:52.080 --> 00:58.760]  And from the Cory Moore Show, live Friday nights, 9 p.m. Central Standard Time at corymoreshow.com.
[00:58.760 --> 01:00.280]  And now the news.
[01:00.280 --> 01:05.360]  Police arrested two Santa Monica high school students over a video recorded classroom fight
[01:05.360 --> 01:07.840]  between a teacher and a pupil.
[01:07.840 --> 01:12.120]  Science teacher and wrestling coach Mark Black grabbed a student around the legs as the two
[01:12.120 --> 01:17.640]  crashed into desks, eventually ending up on the floor in a disturbing display as fellow
[01:17.640 --> 01:20.640]  students looked on.
[01:20.640 --> 01:27.840]  A representative from the Santa Monica Malibu Unified School District said that the incident
[01:27.840 --> 01:31.560]  escalated after a disagreement involving drugs.
[01:31.560 --> 01:36.160]  Initially following the video's release, the school superintendent, Sandra Leon, suspended
[01:36.160 --> 01:40.040]  the teacher and issued a statement saying that the school would support the student
[01:40.040 --> 01:41.360]  and his family.
[01:41.360 --> 01:46.420]  However, Leon's statement was retracted after a parental uproar condemned her for acting
[01:46.420 --> 01:52.420]  before all the facts were known.
[01:52.420 --> 01:58.160]  A study released by Illinois University researchers found that an alarming rate of sexual harassment
[01:58.160 --> 02:01.800]  cases are going unnoticed in public middle schools.
[02:01.800 --> 02:06.320]  According to the study, 21 percent of the students in this survey experienced some form
[02:06.320 --> 02:08.640]  of physical sexual harassment.
[02:08.640 --> 02:13.520]  The students reported instances of being slapped on the butt, being rubbed up against sexually,
[02:13.520 --> 02:15.920]  and even being forced to kiss another student.
[02:15.920 --> 02:21.000]  The researchers noted that many of the students dismissed this behavior as joking or not that
[02:21.000 --> 02:25.940]  serious, and I quote, that you get used to it, and another direct quote, it doesn't really
[02:25.940 --> 02:27.480]  bother me anymore.
[02:27.480 --> 02:31.960]  The study concluded that middle school youth have experienced a wide range of sexual and
[02:31.960 --> 02:37.040]  violent experiences that seem to be unaddressed by adults in these schools.
[02:37.040 --> 02:41.320]  Support for the Liberty Beat comes from Roberts and Roberts Brokerage, Inc., specializing
[02:41.320 --> 02:44.080]  in precious metals since 1977.
[02:44.080 --> 02:47.760]  They don't feed the banks by taking credit cards, but they do take bitcoin.
[02:47.760 --> 02:54.520]  Online at rrbi.co or by phone at 800-874-9760.
[02:54.520 --> 02:56.320]  You've been listening to the Liberty Beat.
[02:56.320 --> 03:22.880]  Remember, freeing your mind is freeing our world.
[03:27.320 --> 03:30.320]  Bad boys, bad boys, whatcha gonna do?
[03:30.320 --> 03:32.320]  Whatcha gonna do when they come for you?
[03:32.320 --> 03:35.320]  Bad boys, bad boys, whatcha gonna do?
[03:35.320 --> 03:38.320]  Whatcha gonna do when they come for you?
[03:38.320 --> 03:43.320]  When you were eight and you had bad traits, you'd go to school and learn the golden rules.
[03:43.320 --> 03:46.320]  So why are you acting like a bloody fool?
[03:46.320 --> 03:49.320]  If you get cocked then you must get cooed!
[03:49.320 --> 03:52.320]  Bad boys, bad boys, whatcha gonna do?
[03:52.320 --> 03:54.320]  Whatcha gonna do when they come for you?
[03:54.320 --> 03:57.320]  Bad boys, bad boys, whatcha gonna do?
[03:57.320 --> 04:00.320]  Whatcha gonna do when they come for you?
[04:00.320 --> 04:03.320]  You chuck it on that one, you chuck it on this one.
[04:03.320 --> 04:06.320]  You chuck it on your mother and you chuck it on your father.
[04:06.320 --> 04:08.320]  You chuck it on your brother and you chuck it on your sister.
[04:38.320 --> 04:46.760]  Okay, howdy, howdy, this is Randy Kelton, Deborah Stevens, Rule of Law Radio, on this
[04:46.760 --> 04:55.120]  Thursday, the 10th of April, already a third of the way through the year, just keeps moving
[04:55.120 --> 04:56.120]  more quickly.
[04:56.120 --> 05:03.380]  Thank you all for being here, and finally, after all of these years, I'm beginning to
[05:03.380 --> 05:11.160]  make some serious headway on my litigation engine, if anybody's in front of the computer
[05:11.160 --> 05:23.280]  while you're listening, you might go to legalearth.net, legalearth.net is the primary project that
[05:23.280 --> 05:32.880]  we will be building that will be an open source project for the purpose of mapping the legal
[05:32.880 --> 05:38.320]  landscape of the planet.
[05:38.320 --> 05:46.160]  We will make it available so that we're going to be going to law schools and such, and trying
[05:46.160 --> 05:52.080]  to get them to make their libraries available.
[05:52.080 --> 06:02.600]  But in making them available, we've worked out some technologies for presenting the information
[06:02.600 --> 06:14.080]  in a way that ordinary people can find the law that relates to them without having to
[06:14.080 --> 06:15.760]  know all of the law.
[06:15.760 --> 06:22.160]  This has been a problem that required lawyers.
[06:22.160 --> 06:34.000]  The lawyers had to have a really wide-based knowledge of law, because a client would bring
[06:34.000 --> 06:42.160]  a problem to the lawyer, and the problem may address a number of different areas of law,
[06:42.160 --> 06:46.800]  so the lawyer had to be knowledgeable in all of those areas.
[06:46.800 --> 06:55.080]  That kind of gave the lawyers a stranglehold on the law.
[06:55.080 --> 07:05.720]  Over the last 30 years or so, I remember those 30 years because in 1970, I worked for Teletype
[07:05.720 --> 07:08.920]  doing primary research and development on metal and silicon technology.
[07:08.920 --> 07:11.200]  We were trying to develop the first PC.
[07:11.200 --> 07:18.360]  Well, that company never got theirs out, and as a result, they went out of business completely.
[07:18.360 --> 07:25.280]  But I watched this grow during the 70s, 80s, and 90s.
[07:25.280 --> 07:30.160]  Those of you who remember those times will remember that every few months, a faster computer
[07:30.160 --> 07:36.200]  would come out, a new processor, a new way of storing information.
[07:36.200 --> 07:41.760]  Just one thing after another, after another, after another, and then when we got into the
[07:41.760 --> 07:49.680]  new millennium, that fast-paced development began to slow down, because we had pretty
[07:49.680 --> 07:57.640]  well reached some physical limits to what we could do to increase speed.
[07:57.640 --> 08:02.800]  Now the only way they're increasing speed with your computer systems is not with a new
[08:02.800 --> 08:11.360]  whizbang, oh boy, Jim Dandy processor, but by gaining processors together.
[08:11.360 --> 08:18.800]  Right now, I'm using a quad core, and now they have out eight core processors, and they
[08:18.800 --> 08:22.880]  just keep stacking the processors together.
[08:22.880 --> 08:29.920]  But we have developed sufficient technology.
[08:29.920 --> 08:35.680]  At this point, we don't need more technology to dramatically change everything.
[08:35.680 --> 08:43.320]  The technology seems to have outstripped the human imagination.
[08:43.320 --> 08:52.840]  And now it's time for us to imagine new possibilities that the technology makes available.
[08:52.840 --> 08:59.520]  And if you look at the Earth.net, it is an exercise in exactly that.
[08:59.520 --> 09:03.960]  I have a number of examples of what we're doing up there.
[09:03.960 --> 09:11.760]  These are some whole different ways of conceptualizing information and finding information on the
[09:11.760 --> 09:13.480]  web.
[09:13.480 --> 09:15.360]  So if you have time, go have a look at it.
[09:15.360 --> 09:17.840]  I would like some feedback.
[09:17.840 --> 09:20.880]  Let me know if it makes sense.
[09:20.880 --> 09:21.880]  Let me know.
[09:21.880 --> 09:27.360]  This is built as a business plan.
[09:27.360 --> 09:29.000]  This is a demonstration of a business plan.
[09:29.000 --> 09:35.960]  I'm trying to get this thing financed so we can launch it and begin to eliminate the profession
[09:35.960 --> 09:42.280]  of lawyer while getting lawyers to pay us to do it.
[09:42.280 --> 09:47.040]  We do have an early caller, and I'm going to take Jeff.
[09:47.040 --> 09:49.840]  This is Jeff from Mississippi.
[09:49.840 --> 09:58.920]  Jeff was prosecuted a year or so ago for having a wife fall on campus when he wasn't on campus.
[09:58.920 --> 09:59.920]  Hello, Jeff.
[09:59.920 --> 10:00.920]  Hi, Randy.
[10:00.920 --> 10:03.080]  Thanks for taking my call.
[10:03.080 --> 10:04.080]  You are welcome.
[10:04.080 --> 10:05.560]  What do you have for us today?
[10:05.560 --> 10:11.320]  Well, I have some very interesting news, kind of exciting.
[10:11.320 --> 10:17.960]  I was, the last time I called, we were going to write a letter to the clerk of the court,
[10:17.960 --> 10:26.440]  I'm sorry, to the comptroller, the city comptroller for the voucher for the court reporter to find
[10:26.440 --> 10:34.320]  out if they had a hearing, a grand jury hearing, and I got a very interesting email that sounded
[10:34.320 --> 10:39.400]  almost paranoid wanting me to call the clerk of the court who I did not send the letter
[10:39.400 --> 10:40.400]  to.
[10:40.400 --> 10:44.840]  I actually sent it to the comptroller of currency, and they wanted me to call this person.
[10:44.840 --> 10:51.880]  Well, of course, I didn't call because I really don't want to say anything on the phone.
[10:51.880 --> 10:58.480]  What I'm wondering is, can I send the city comptroller a FOIA?
[10:58.480 --> 10:59.480]  Yes.
[10:59.480 --> 11:00.480]  Okay.
[11:00.480 --> 11:01.480]  Because...
[11:01.480 --> 11:09.120]  Well, not a FOIA, FOIA implies the federal, but the state information act, sure.
[11:09.120 --> 11:12.760]  These are finances, and that's the whole point.
[11:12.760 --> 11:15.280]  Finances are not something they can hide.
[11:15.280 --> 11:16.280]  All right.
[11:16.280 --> 11:22.680]  So, how they spend their money doesn't have anything to do with the adjudication of cases.
[11:22.680 --> 11:24.480]  Okay, yes.
[11:24.480 --> 11:31.480]  Yeah, because I sent it to the city comptroller, which is in a completely different building,
[11:31.480 --> 11:41.160]  and instead, the circuit clerk of my county emailed me wanting me to call them terribly.
[11:41.160 --> 11:43.480]  You could just feel the paranoia in the email.
[11:43.480 --> 11:48.320]  And of course, I didn't respond, however, the city comptroller never responded with
[11:48.320 --> 11:49.920]  any vouchers.
[11:49.920 --> 11:54.580]  Then you might...
[11:54.580 --> 12:02.440]  What does the Mississippi Open Records statutes require?
[12:02.440 --> 12:09.360]  It requires that if I send a form, it requires for them to send it back, and I've got a template.
[12:09.360 --> 12:10.360]  Okay.
[12:10.360 --> 12:20.520]  No, no, in Texas, under the Open Government Act, you have 15 days to either request an
[12:20.520 --> 12:23.960]  opinion from the state attorney general or produce the records.
[12:23.960 --> 12:29.880]  If you fail to do either one of those or both of those, it's a Class A misdemeanor.
[12:29.880 --> 12:30.880]  Okay.
[12:30.880 --> 12:38.120]  What does Mississippi law say about a public official who fails to provide you with public
[12:38.120 --> 12:39.120]  information?
[12:39.120 --> 12:47.200]  I believe that it says 30 days and that it's a misdemeanor, and I don't have that page
[12:47.200 --> 12:48.800]  popped up on my computer.
[12:48.800 --> 12:50.120]  I don't want to waste time.
[12:50.120 --> 12:51.120]  That's okay.
[12:51.120 --> 12:58.460]  If you remember reading it, that it is a crime as well in Mississippi, and even if it wasn't
[12:58.460 --> 13:08.800]  under the Open Records Act, it would be under the state equivalent to 18 U.S. Code 242.
[13:08.800 --> 13:14.560]  So for those who don't know, 18 U.S. Code 242 is kind of a catch-all.
[13:14.560 --> 13:18.080]  Everybody should have that one memorized.
[13:18.080 --> 13:24.220]  If a public official acting under the color or pretense of official authority fails to
[13:24.220 --> 13:31.480]  perform a duty he's required to perform or exerts or purports to exert an authority he
[13:31.480 --> 13:36.120]  does not expressly have it in the process, denies a citizen in the full and free access
[13:36.120 --> 13:41.520]  to or enjoyment of a right, that's a Class A misdemeanor in the Fed, and it's a crime
[13:41.520 --> 13:42.720]  in every state.
[13:42.720 --> 13:45.800]  That's the Ku Klux Klan Act.
[13:45.800 --> 13:47.920]  That's the first part of the Ku Klux Klan Act.
[13:47.920 --> 13:52.680]  Second part says if they do that kind of stuff, you can sue them, but the first part makes
[13:52.680 --> 13:54.280]  it a crime.
[13:54.280 --> 13:56.120]  So that is interesting.
[13:56.120 --> 14:00.800]  That's what we like to see, the cheeking dance.
[14:00.800 --> 14:02.640]  And I put a time limit on my letter.
[14:02.640 --> 14:08.640]  I said respond within 10 days, which they may do it in 15 or so, but she hasn't responded
[14:08.640 --> 14:11.360]  at all, and it's been a month and a half.
[14:11.360 --> 14:13.360]  This is the controller?
[14:13.360 --> 14:14.360]  Yes.
[14:14.360 --> 14:19.400]  Then the next step should be to go to the district attorney with a criminal complaint
[14:19.400 --> 14:23.440]  against the controller for breach of the Open Records Act.
[14:23.440 --> 14:24.440]  Okay.
[14:24.440 --> 14:32.520]  And then petition district court to what are the levels in Mississippi?
[14:32.520 --> 14:36.960]  Highest level state court, not appeals.
[14:36.960 --> 14:39.040]  We have a Mississippi Supreme Court.
[14:39.040 --> 14:40.040]  Okay.
[14:40.040 --> 14:41.040]  Okay.
[14:41.040 --> 14:47.000]  Is that like, you know, in New York, a Supreme Court is the lowest level court?
[14:47.000 --> 14:53.200]  No, I'm talking about in the county or the district, not appeals.
[14:53.200 --> 14:54.200]  Okay.
[14:54.200 --> 14:55.200]  I don't know.
[14:55.200 --> 14:58.480]  So I will be, I'll get on that and then report back.
[14:58.480 --> 14:59.480]  Okay.
[14:59.480 --> 15:02.480]  They'll just tell you, which generally is the highest court.
[15:02.480 --> 15:05.920]  We have a, we have municipal courts.
[15:05.920 --> 15:11.360]  We have justices of the peace, county, county courts, district courts, and then court of
[15:11.360 --> 15:12.360]  appeals.
[15:12.360 --> 15:13.360]  Okay.
[15:13.360 --> 15:15.240]  So here it would be district.
[15:15.240 --> 15:20.160]  In Pennsylvania, district is lower and you got circuits, so it's different for different
[15:20.160 --> 15:21.160]  states.
[15:21.160 --> 15:26.000]  In New York, it's crazy because the lowest court in New York is the Supreme Court.
[15:26.000 --> 15:35.120]  So anyway, find the highest level state court, not appeals, Supreme and all those other appeals
[15:35.120 --> 15:36.120]  courts.
[15:36.120 --> 15:37.120]  Okay.
[15:37.120 --> 15:45.600]  And take your criminal complaint when the prosecuting attorney refuses to act.
[15:45.600 --> 15:50.680]  You might look for shielding from prosecution.
[15:50.680 --> 15:57.440]  And also look under duties of officers in Mississippi.
[15:57.440 --> 16:04.440]  In Texas, under the Texas code of criminal procedure, duties of officers, first one they
[16:04.440 --> 16:08.440]  address are prosecuting attorneys.
[16:08.440 --> 16:16.080]  And there's a special statute in there in Texas that goes to a criminal accusation against
[16:16.080 --> 16:19.240]  the public official.
[16:19.240 --> 16:23.880]  The prosecuting attorney is made known in any manner than a public official has violated
[16:23.880 --> 16:26.760]  a law relating to his office.
[16:26.760 --> 16:31.920]  He shall reduce plankton information submitted to the grand jury.
[16:31.920 --> 16:35.800]  No discretion of any kind.
[16:35.800 --> 16:42.560]  But even if he does have discretion and he exercises it, you call it not discretion,
[16:42.560 --> 16:44.120]  but caprice.
[16:44.120 --> 16:49.040]  He didn't decide if there was sufficient evidence, he decided if he wanted to prosecute.
[16:49.040 --> 16:50.240]  That's not something he has.
[16:50.240 --> 16:56.800]  Our call in number 512-646-1984, give us a call, we'll have the phones open all night.
[16:56.800 --> 17:00.760]  We'll be right back.
[17:00.760 --> 17:05.360]  Through advances in technology, our lives have greatly improved, except in the area
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[17:06.760 --> 17:08.960]  People feed their pets better than they feed themselves.
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[18:41.400 --> 18:46.960]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
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[18:49.920 --> 18:58.960]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:58.960 --> 18:59.960]  collectors now.
[18:59.960 --> 19:12.840]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:12.840 --> 19:35.280]  Okay.
[19:35.280 --> 19:36.280]  We are back.
[19:36.280 --> 19:43.480]  I'm John Deva Stevens, rule of law radio, and we're talking to Jeff in Mississippi.
[19:43.480 --> 19:48.200]  Okay Jeff, when we went out, we were talking about the prosecutor.
[19:48.200 --> 19:55.000]  In Pennsylvania, the prosecutor actually has discretion.
[19:55.000 --> 20:05.160]  He has first blush, but where they gave the prosecutor discretion, they gave the citizen
[20:05.160 --> 20:06.480]  standing.
[20:06.480 --> 20:15.520]  So a private citizen, if the prosecuting attorney, exercised his discretion and refused to prosecute,
[20:15.520 --> 20:21.680]  he could appeal to the court of common pleas and then appeal all the way up to the supreme.
[20:21.680 --> 20:28.360]  While in most states you can't do that, in the Spanish law states, we can't do that.
[20:28.360 --> 20:38.680]  What we can do is accuse the prosecutor not of exercising discretion where he examines
[20:38.680 --> 20:44.040]  the evidence and makes a determination, essentially a probable cause, that there's insufficient
[20:44.040 --> 20:47.520]  evidence to warrant a prosecution.
[20:47.520 --> 20:58.320]  But instead, he exercises prosecutorial caprice in that he decides which laws and which accused
[20:58.320 --> 21:05.320]  he wants to prosecute and which ones he does not want to prosecute, and that is not an
[21:05.320 --> 21:11.800]  authority that he has, so we accuse him of abuse of discretion and official oppression.
[21:11.800 --> 21:12.800]  All right.
[21:12.800 --> 21:14.800]  Does that make sense, Jeff?
[21:14.800 --> 21:15.800]  Yes, it does.
[21:15.800 --> 21:21.840]  Of course, I will listen to this a hundred times and study it.
[21:21.840 --> 21:27.120]  I know I keep going over the same things, but it's good to hear it.
[21:27.120 --> 21:36.480]  Have you made... Okay, well, so I would... If they had got 30 days, the 31st day, I'd have
[21:36.480 --> 21:38.240]  been filing the complaint.
[21:38.240 --> 21:39.880]  All right.
[21:39.880 --> 21:44.800]  That lets them know that you're not going to be easy to get along with, you're not going
[21:44.800 --> 21:49.680]  to be reasonable, that you're going to go... They went for your throat, you're going
[21:49.680 --> 21:53.320]  right for their throats.
[21:53.320 --> 21:59.480]  This goes to the adage, never ask a public official to do anything you actually want
[21:59.480 --> 22:08.280]  them to do, because you're looking for the opportunity to land on him like a ton of bricks.
[22:08.280 --> 22:17.760]  More accurately, you're looking for the opportunity to use him to create political cannon fodder
[22:17.760 --> 22:26.400]  against other officials who would try to shield him from prosecution.
[22:26.400 --> 22:32.600]  You create yourself some politics, so this sounds interesting that the Comptroller is
[22:32.600 --> 22:33.600]  concerned.
[22:33.600 --> 22:44.680]  Now, the Comptroller may have some concerns of grand jury secrecy, but that would not
[22:44.680 --> 22:50.320]  be something you would talk to the clerk about.
[22:50.320 --> 22:56.200]  That would be something he would talk to the district attorney about, because generally
[22:56.200 --> 23:02.400]  in most states, the district attorney is required to give legal advice to local officials.
[23:02.400 --> 23:10.360]  The fact that he wants you to talk to the clerk is interesting, and I appreciate the
[23:10.360 --> 23:17.920]  fact that you won't talk to the clerk, because the clerk doesn't have anything to do with
[23:17.920 --> 23:18.920]  this.
[23:18.920 --> 23:23.000]  No, the clerk was just going to tell me he was going to run me off, is what he was going
[23:23.000 --> 23:24.000]  to do.
[23:24.000 --> 23:26.600]  Uh-huh, that's exactly what he was going to do.
[23:26.600 --> 23:29.960]  Now, I've got the same question on a different deal.
[23:29.960 --> 23:36.080]  I tried to go to another college when I got out of jail, and the college suspended me
[23:36.080 --> 23:42.440]  for a semester because of the rifle charge, and they got in there and started asking me
[23:42.440 --> 23:46.320]  if I was going to come onto campus and start killing people and stuff, and I said no, and
[23:46.320 --> 23:48.560]  they suspended me anyway.
[23:48.560 --> 23:56.080]  Can I FOIA a college dean, or can I send an open records letter to a college dean?
[23:56.080 --> 23:58.600]  Are they still official of the state?
[23:58.600 --> 24:01.080]  Do they get state funding?
[24:01.080 --> 24:02.080]  Yes.
[24:02.080 --> 24:03.080]  Absolutely.
[24:03.080 --> 24:08.880]  Good, so I can do the same, because they're refusing to send any of the minutes or any
[24:08.880 --> 24:12.720]  kind of decision from that hearing, they just called me on the phone and said we're not
[24:12.720 --> 24:13.720]  letting you in.
[24:13.720 --> 24:21.760]  And the FOIA then, they definitely fall under.
[24:21.760 --> 24:28.480]  Any entity that takes public funding will fall under the Open Records Act, or at least
[24:28.480 --> 24:34.800]  it does in Texas, and I suspect it will be the same everywhere, especially colleges.
[24:34.800 --> 24:44.640]  And this is a, even if this did not fall under, this is a, this information for which you
[24:44.640 --> 24:52.680]  have a special interest, and you have a right to know what occurred, so as to be able to
[24:52.680 --> 24:56.520]  protect your rights.
[24:56.520 --> 25:00.320]  Now your right to get into another college has been interfered with, you get this thing
[25:00.320 --> 25:06.760]  thrown out, you get to go back and sue the county for prosecuting you in the first place,
[25:06.760 --> 25:07.760]  and the college.
[25:07.760 --> 25:14.400]  They sue them for prosecuting you in the first place when there was no, especially if you
[25:14.400 --> 25:20.640]  could show that the property wasn't, the college wasn't part of the campus.
[25:20.640 --> 25:21.640]  Okay.
[25:21.640 --> 25:24.280]  All right, Walsh, you're appreciated.
[25:24.280 --> 25:27.160]  You are most welcome, and keep us up to date.
[25:27.160 --> 25:28.440]  That sounds interesting.
[25:28.440 --> 25:36.160]  What I would, what you might consider doing is sending a letter to the prosecuting attorney,
[25:36.160 --> 25:42.320]  asking the prosecuting attorney to direct the comptroller to produce the records.
[25:42.320 --> 25:45.400]  Nah, forget that.
[25:45.400 --> 25:47.600]  Don't do anything, just file the complaint.
[25:47.600 --> 25:48.600]  Okay, got it.
[25:48.600 --> 25:49.600]  Okay.
[25:49.600 --> 25:50.600]  Thank you, Jeff.
[25:50.600 --> 25:51.600]  Okay.
[25:51.600 --> 25:57.240]  Our phone lines are open, we don't have any callers.
[25:57.240 --> 26:02.480]  When Jeff called in, I was talking about the litigation engine.
[26:02.480 --> 26:13.680]  If anybody has, is in front of the computer, you might go look at LegalEarth.net.
[26:13.680 --> 26:19.280]  We have a plan for a procedure.
[26:19.280 --> 26:25.080]  On the side, I have some examples of some questionnaires.
[26:25.080 --> 26:37.480]  We've developed a set of technology where we can capture an expert's complete expertise
[26:37.480 --> 26:42.000]  and then present it back to a user in the form of a questionnaire.
[26:42.000 --> 26:48.360]  This demonstrates some of the technologies that we're using to do that.
[26:48.360 --> 27:00.600]  Once we get this up, you will be able to go on to the LegalEarth.net site and I plan on
[27:00.600 --> 27:06.120]  having a spinning globe there with all of the political boundaries of the world etched
[27:06.120 --> 27:12.520]  into the globe so you can roll the globe around to your jurisdiction, click on it, and it
[27:12.520 --> 27:16.920]  will bring up all the laws for any jurisdiction.
[27:16.920 --> 27:29.320]  And for any area of attorney practice, criminal, civil, family, probate, we'll have a questionnaire
[27:29.320 --> 27:34.000]  designed to extract all of the elements of your issues.
[27:34.000 --> 27:39.920]  And we will try to have all of the codes written similar to what was done with the American
[27:39.920 --> 27:50.840]  Bar Association Standards that's on the website now where we take the table of contents for
[27:50.840 --> 28:01.280]  a set of code and change it into an explanatory sentence like we did in the Bar Association
[28:01.280 --> 28:10.280]  Standards and essentially ask questions, is your issue about your relationship with your
[28:10.280 --> 28:11.280]  lawyer?
[28:11.280 --> 28:17.400]  If you click here, then it goes to the second level of the table of contents and asks what
[28:17.400 --> 28:20.240]  your issue is about.
[28:20.240 --> 28:27.040]  When you look at a table of contents, you look at it and it tells you what it's about,
[28:27.040 --> 28:32.920]  but it's not clear how to isolate what you're looking for.
[28:32.920 --> 28:38.280]  You don't know, you know, this one over here, it doesn't sound like it's what I'm looking
[28:38.280 --> 28:42.960]  for, but it may have something in there that I need to know.
[28:42.960 --> 28:48.680]  So even when you go through the code and you find what you're looking for, I've talked
[28:48.680 --> 28:53.520]  to lawyers and they do this as well and pro se researchers, we all do this.
[28:53.520 --> 29:01.560]  We get our argument down and we sit there thinking, what in the heck have I missed?
[29:01.560 --> 29:06.600]  I know there's something out there I missed and as soon as I get in the court, that lawyer
[29:06.600 --> 29:10.920]  on the other side is going to bring that out and beat me over the head with it.
[29:10.920 --> 29:15.280]  It is a researcher's paranoia.
[29:15.280 --> 29:24.040]  So we're constructing these in a way such that if we ask, is your issue about this?
[29:24.040 --> 29:29.920]  If there's law anywhere else other than this place that bears on this issue, we'll have
[29:29.920 --> 29:32.240]  a link to it.
[29:32.240 --> 29:39.120]  So when you get to the end here, everything that's related to this will have been linked
[29:39.120 --> 29:40.120]  to this.
[29:40.120 --> 29:43.200]  So you don't have to worry that you've missed something somewhere else.
[29:43.200 --> 29:45.480]  We have a couple of callers.
[29:45.480 --> 29:53.120]  Hang on, as soon as we come back, we will go to both the callers, one's Curtis in Tennessee
[29:53.120 --> 29:57.120]  and we'll be screened by the time we come back.
[29:57.120 --> 30:00.120]  So give us a call, 503-636-1.
[30:00.120 --> 30:06.320]  Mirror, mirror on the wall, who's the biggest retailer of all?
[30:06.320 --> 30:07.320]  Walmart, that's who.
[30:07.320 --> 30:11.680]  But there's another company that's catching up and could soon surpass Walmart sales.
[30:11.680 --> 30:17.280]  I'm Dr. Catherine Albrecht, back to tell you who the big bad competitor is next.
[30:17.280 --> 30:19.000]  Privacy is under attack.
[30:19.000 --> 30:22.600]  When you give up data about yourself, you'll never get it back again.
[30:22.600 --> 30:27.600]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.600 --> 30:33.240]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:33.240 --> 30:35.380]  Privacy, it's worth hanging on to.
[30:35.380 --> 30:41.000]  This message is brought to you by Startpage.com, the private search engine alternative to Google,
[30:41.000 --> 30:42.720]  Yahoo and Bing.
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[30:44.400 --> 30:50.680]  Remember when the words Walmart struck fear in the hearts of mom and pop store owners
[30:50.680 --> 30:51.680]  everywhere?
[30:51.680 --> 30:55.600]  Well, the tables are turning and the world's largest retailer is feeling some competitive
[30:55.600 --> 30:57.320]  heat of its own.
[30:57.320 --> 31:00.400]  Who's sending chills down the spines of Walmart executives?
[31:00.400 --> 31:02.120]  Amazon, that's who.
[31:02.120 --> 31:06.760]  The online retailer seems to carry everything Walmart does at lower prices and bargain hunters
[31:06.760 --> 31:09.520]  are shopping online in record numbers.
[31:09.520 --> 31:14.120]  Last year, Amazon's revenues grew 41% compared to Walmart's eight.
[31:14.120 --> 31:16.320]  Personally, I don't love either one.
[31:16.320 --> 31:20.600]  I'd rather spend my hard earned dollars at locally owned brick and mortar stores where
[31:20.600 --> 31:24.400]  I can see, smell and touch the merchandise and pay cash anonymously.
[31:24.400 --> 31:30.280]  I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
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[31:56.040 --> 32:00.400]  Call 888-910-4367 only at USA.org.
[32:00.400 --> 32:06.080]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:06.080 --> 32:09.880]  In today's America, we live in an us-against-them society and if we the people are ever going
[32:09.880 --> 32:13.800]  to have a free society, then we're going to have to stand and defend our own rights.
[32:13.800 --> 32:17.040]  Among those rights are the right to travel freely from place to place, the right to act
[32:17.040 --> 32:21.080]  in our own private capacity and most importantly, the right to due process of law.
[32:21.080 --> 32:24.920]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.920 --> 32:26.320]  our rights through due process.
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[32:30.280 --> 32:34.040]  most comprehensive teaching tool available that will help you understand what due process
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[33:33.760 --> 33:46.360]  Okay, we are back, Randy Kelton, Debra Stevens, Rule of Law Radio and we're going to Curtis
[33:46.360 --> 33:47.360]  in Tennessee.
[33:47.360 --> 33:50.360]  Curtis, what do you have for us today?
[33:50.360 --> 33:59.920]  Hey guys, yeah, I had a question about, I had a house situation, bank foreclosed on
[33:59.920 --> 34:09.200]  my house, no notice, no anything and they sent a letter saying that, from some attorney
[34:09.200 --> 34:16.000]  saying that they were going to go through dispossessory court or something and I got
[34:16.000 --> 34:17.000]  to go there.
[34:17.000 --> 34:18.000]  I think I'm going to try to...
[34:18.000 --> 34:19.000]  Wait a minute.
[34:19.000 --> 34:20.000]  Wait a minute.
[34:20.000 --> 34:21.000]  You're kind of jumping around.
[34:21.000 --> 34:24.000]  You're going through disposition?
[34:24.000 --> 34:32.240]  Dispossessorary court, I'm not sure how to pronounce it but that's the first time I've
[34:32.240 --> 34:36.440]  seen that word, you know, to get me put out of this.
[34:36.440 --> 34:38.440]  Oh, unlawful detainer, reviction.
[34:38.440 --> 34:39.440]  Yeah.
[34:39.440 --> 34:40.440]  Yeah.
[34:40.440 --> 34:41.440]  Okay, wait, hold on.
[34:41.440 --> 34:42.440]  Are you the owner of the property?
[34:42.440 --> 34:43.440]  I'm an heir to the property.
[34:43.440 --> 34:44.440]  Did the property go through probate?
[34:44.440 --> 34:45.440]  No.
[34:45.440 --> 35:01.440]  Oh, that is a problem, then you don't have standing.
[35:01.440 --> 35:05.360]  Really?
[35:05.360 --> 35:12.200]  It's not your property until it's went through probate, even though there's a will granting
[35:12.200 --> 35:16.160]  you the property, it has to be probated to you.
[35:16.160 --> 35:22.360]  That's why you didn't get any notice because your name's not on it anywhere.
[35:22.360 --> 35:35.920]  Yeah, because what I did was after that, I did an affidavit as to heirs and all of that
[35:35.920 --> 35:38.400]  in some type of way to...
[35:38.400 --> 35:43.200]  I can't understand you, you need to speak a little more clearly, I'm having trouble
[35:43.200 --> 35:45.200]  understanding you.
[35:45.200 --> 36:06.120]  Okay, yeah, after the death, I had done the affidavit as to heirs and all this and the
[36:06.120 --> 36:14.120]  county and the city, I guess, recognize it because they send me tax bills all the time.
[36:14.120 --> 36:26.120]  But, you know, and I sent the bank a responolus or whatever, whatever you call it, you know
[36:26.120 --> 36:28.120]  what I'm talking about.
[36:28.120 --> 36:34.680]  A debt validation letter or a qualified written request?
[36:34.680 --> 36:37.760]  Yes, yes, and...
[36:37.760 --> 36:46.480]  Okay, in the qualified written request, what was the nature of the accounting error that
[36:46.480 --> 36:49.480]  you claimed?
[36:49.480 --> 37:02.200]  To validate, wait a minute, hold on just a second.
[37:02.200 --> 37:03.560]  Okay, hold on.
[37:03.560 --> 37:04.560]  You got to do your homework.
[37:04.560 --> 37:07.560]  Right, that's why I called you.
[37:07.560 --> 37:16.200]  Okay, the value of your property is going to be a lot of money, so it's worth spending
[37:16.200 --> 37:19.560]  some time learning how to handle this.
[37:19.560 --> 37:25.560]  This is not, you know, it's a very focused issue, so it's not like you have to become
[37:25.560 --> 37:31.200]  a lawyer or anything like that, but if you're going to try to save this property without
[37:31.200 --> 37:38.320]  a lawyer, you're going to have to understand some basic principles.
[37:38.320 --> 37:45.400]  And listening to this show will help, especially tomorrow night, we have Joe and Steve.
[37:45.400 --> 37:50.360]  The first two hours are all about foreclosure issue.
[37:50.360 --> 37:56.720]  And you need to know enough to be able to ask us a question.
[37:56.720 --> 38:00.760]  At this point, you can't even ask us a question.
[38:00.760 --> 38:04.600]  You send a letter, you don't know if it's a debt validation letter or a qualified written
[38:04.600 --> 38:05.600]  request.
[38:05.600 --> 38:15.320]  A qualified written request is a letter notifying the lender of an accounting error and demanding
[38:15.320 --> 38:17.520]  that they correct the error.
[38:17.520 --> 38:27.960]  A debt validation letter is when somebody sends you a demand to pay and you say, who
[38:27.960 --> 38:28.960]  the heck are you?
[38:28.960 --> 38:30.360]  I don't know who you are.
[38:30.360 --> 38:32.320]  I dispute the debt.
[38:32.320 --> 38:34.360]  So prove it up.
[38:34.360 --> 38:38.320]  Now, which one of those did you send?
[38:38.320 --> 38:50.280]  Well, on this letter, it says qualified written request validation for debt letter FOIA request
[38:50.280 --> 38:52.320]  to GSE.
[38:52.320 --> 38:58.800]  Where did you get this letter?
[38:58.800 --> 39:00.640]  I take it you didn't write this?
[39:00.640 --> 39:01.640]  No, I didn't.
[39:01.640 --> 39:04.640]  Did you get it off the internet?
[39:04.640 --> 39:05.640]  No.
[39:05.640 --> 39:06.640]  No, I didn't.
[39:06.640 --> 39:16.400]  It was a very good friend of mine who deals with this type of stuff from time to time.
[39:16.400 --> 39:17.400]  Oh, okay.
[39:17.400 --> 39:18.400]  Good.
[39:18.400 --> 39:19.400]  Good.
[39:19.400 --> 39:20.400]  It may be valid.
[39:20.400 --> 39:30.040]  Okay, so it was sent as a debt validation and a qualified written request.
[39:30.040 --> 39:31.040]  Yes.
[39:31.040 --> 39:32.040]  Okay.
[39:32.040 --> 39:36.760]  Did you get a response within five days?
[39:36.760 --> 39:39.800]  Excuse me?
[39:39.800 --> 39:41.680]  I can't hear you.
[39:41.680 --> 39:45.680]  The bank is supposed to respond within five days to a debt validation letter.
[39:45.680 --> 39:46.680]  Oh, wait.
[39:46.680 --> 39:47.680]  Hold on.
[39:47.680 --> 39:48.680]  Hold on.
[39:48.680 --> 39:52.040]  You said you didn't get any notice.
[39:52.040 --> 39:55.120]  Did the bank bill you for payment?
[39:55.120 --> 39:56.120]  No.
[39:56.120 --> 39:57.120]  No.
[39:57.120 --> 40:07.200]  It was in my parent's name and either way, I file bankruptcy.
[40:07.200 --> 40:08.800]  Okay.
[40:08.800 --> 40:11.040]  That's going to help you a little bit, but not much.
[40:11.040 --> 40:18.520]  That's only going to help you in terms of a tenant and sufferance.
[40:18.520 --> 40:20.760]  But you don't have a claim to the property.
[40:20.760 --> 40:24.000]  That's the problem.
[40:24.000 --> 40:30.000]  If there is a will, now had your parents put the property in a trust, then it wouldn't
[40:30.000 --> 40:38.720]  have to go through probate, but if it was in a will, the will would have to be probated.
[40:38.720 --> 40:45.240]  The problem is, if you didn't get it probated in time or you didn't keep up the payments,
[40:45.240 --> 40:50.680]  if you had just kept up the payments, you'd have been okay.
[40:50.680 --> 40:56.400]  But since you didn't keep up the payments and let it go into foreclosure, then you didn't
[40:56.400 --> 41:05.920]  have any standing to raise any issues about the mortgage.
[41:05.920 --> 41:10.120]  So there was nobody to raise any issues.
[41:10.120 --> 41:19.120]  And now that the foreclosures have already taken place, now you're a tenant and sufferance,
[41:19.120 --> 41:23.080]  you're in adverse possession of the property.
[41:23.080 --> 41:28.040]  So if you've done a bankruptcy already, did you get a stay based on the bankruptcy?
[41:28.040 --> 41:33.200]  What do you mean?
[41:33.200 --> 41:36.200]  The stay, what do you mean?
[41:36.200 --> 41:42.280]  Did the bankruptcy court stop the lender from pursuing foreclosure?
[41:42.280 --> 41:46.840]  When you filed the bankruptcy, was the property already in foreclosure?
[41:46.840 --> 41:48.320]  Yes.
[41:48.320 --> 41:52.040]  Did it stop them from evicting you?
[41:52.040 --> 41:54.440]  Yes, it did.
[41:54.440 --> 41:55.440]  Okay.
[41:55.440 --> 41:58.560]  And have they released the stay?
[41:58.560 --> 42:02.320]  Say that again.
[42:02.320 --> 42:04.680]  I couldn't hear you.
[42:04.680 --> 42:08.960]  Has the bank released the stay?
[42:08.960 --> 42:10.400]  Yes.
[42:10.400 --> 42:16.760]  You're going to get evicted.
[42:16.760 --> 42:20.580]  This is way, way too late to try to do something.
[42:20.580 --> 42:24.360]  Something needs to be done a long time ago.
[42:24.360 --> 42:32.560]  You may be able to reclaim the property through a wrongful foreclosure lawsuit, but even that's
[42:32.560 --> 42:36.040]  going to be difficult because the property wasn't probated in time.
[42:36.040 --> 42:40.240]  You really need a probate lawyer.
[42:40.240 --> 42:46.960]  You need to talk to a lawyer and you'll probably, you may find one who will do this for contingency.
[42:46.960 --> 42:49.160]  Since the property's lost, you're going to be evicted.
[42:49.160 --> 42:54.280]  There's not much, since you've done the foreclosure, there's not much you can do to stop it.
[42:54.280 --> 42:58.680]  It's too late to get standing because when they foreclosed, you didn't have standing.
[42:58.680 --> 43:03.360]  So you can't really stop them now.
[43:03.360 --> 43:06.880]  The only thing you can do is sue for a wrongful foreclosure.
[43:06.880 --> 43:11.600]  Once you have standing and you get that, you're going to have to probate the bill.
[43:11.600 --> 43:18.560]  And probate, that's something I'm not really versed on, especially in contingency.
[43:18.560 --> 43:22.120]  So I suggest you talk to a lawyer.
[43:22.120 --> 43:23.120]  Okay.
[43:23.120 --> 43:29.880]  Yeah, there's not much you can do to keep them from evicting you at this point.
[43:29.880 --> 43:34.120]  You might ask your girlfriend to clear out an extra room.
[43:34.120 --> 43:37.120]  You're going to need it.
[43:37.120 --> 43:38.120]  Okay.
[43:38.120 --> 43:41.560]  We're about to go to break.
[43:41.560 --> 43:42.560]  Thank you, Curtis.
[43:42.560 --> 43:45.960]  The call boards are really lighting up.
[43:45.960 --> 43:51.160]  Our call in number is 512-646-1984.
[43:51.160 --> 43:52.160]  Give us a call.
[43:52.160 --> 43:59.160]  If you have the phone lines open all night, we'll be right back.
[43:59.160 --> 44:03.200]  Hello.
[44:03.200 --> 44:08.080]  My name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by
[44:08.080 --> 44:13.040]  our store at 1904 Guadalupe Street, Suite D here in Austin, Texas, hiring Brave New
[44:13.040 --> 44:16.880]  Books and Chase Payne to see all our fantastic health and wellness products with your very
[44:16.880 --> 44:17.880]  own eyes.
[44:17.880 --> 44:22.800]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
[44:22.800 --> 44:26.800]  Take a peek at some of our other wonderful products, including our Australian Eme oil,
[44:26.800 --> 44:30.520]  lotion candles, olive oil soaps, and colloidal silver and gold.
[44:30.520 --> 44:37.720]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.720 --> 44:43.360]  That's 512-264-4043, naturespureorganics.com.
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[45:59.400 --> 46:29.380]  Okay, we are back, Randy Kelton and Deborah Stevens, Room of Law Radio, and we're going
[46:29.380 --> 46:41.040]  to Jason in Texas. Hello, Jason. Oh, you try that again. Now, hello, Jason. Hello. Oh,
[46:41.040 --> 46:50.400]  you sound much better when you're not muted. I'm always moving. I'm attracted. Oh, so we're
[46:50.400 --> 46:58.400]  going to have this problem with deadheading, huh? Oh, no, actually, no. Divorced. You know,
[46:58.400 --> 47:10.240]  it's diesel fumes. It causes deadheading. Okay. Divorce issue. Yes, sir. Actually, Rob
[47:10.240 --> 47:17.520]  in New Mexico is who referred me to you. Now, he deadheads every time he calls. Yeah, pretty
[47:17.520 --> 47:30.200]  much. But I kind of got caught by surprise about this. Now, as far as I knew everything
[47:30.200 --> 47:39.800]  was okay, we were basically moving to a new apartment and got everything taken care of
[47:39.800 --> 47:45.880]  with the new apartment. I hit the road about two days and she hits me with this bomb that
[47:45.880 --> 47:53.520]  she wants a separation. And we're trying to handle this without lawyers and everything,
[47:53.520 --> 48:00.400]  but I have a sneaking suspicion that she's like taking money out and tucked it away basically
[48:00.400 --> 48:11.120]  to finance her side of the divorce. Is there any way I can go about finding that? Like
[48:11.120 --> 48:18.920]  sort of before, like before we go to court? If she took it out of the account and she
[48:18.920 --> 48:26.560]  had access to the account, not a thing you can do. This is a real common tactic. Whoever
[48:26.560 --> 48:35.880]  plans to do the divorce will generally convert all of the assets that they can to cash and
[48:35.880 --> 48:42.800]  pull the cash before they file for divorce. Once they file for divorce, that gets a little
[48:42.800 --> 48:49.680]  more iffy. But before they filed for divorce, they can do this and there's no question.
[48:49.680 --> 48:53.800]  So if she sets you up and if she's pulled the cash prior to divorce, there's not much
[48:53.800 --> 49:00.480]  you can do about that. Now, if she just put it into another account, like at our bank
[49:00.480 --> 49:10.520]  or whatever, I'm not signed on as a joint. You can't touch that. Is New Mexico a community
[49:10.520 --> 49:17.560]  property state? No, no. I'm from Texas. Oh, you're in Texas. It definitely is. I'm sorry.
[49:17.560 --> 49:26.520]  I'm thinking of Rob. It is a community property state. So if you're separated and you're concerned
[49:26.520 --> 49:36.520]  she's going to do that, you might want to file with the court for a temporary... They
[49:36.520 --> 49:43.560]  have a set of temporary orders that it's just standard orders they do for divorce and ask
[49:43.560 --> 49:54.520]  for those orders to keep her from liquidating the accounts. Okay. That once you've separated,
[49:54.520 --> 50:04.920]  then it's questionable as to whether she can liquidate the accounts. If before she told
[50:04.920 --> 50:12.920]  you she wanted a separation, now I probably need Ken to be more definitive here because
[50:12.920 --> 50:23.240]  family law is not my area. But once she's made it known that her intent to divorce,
[50:23.240 --> 50:29.520]  that may well restrict her from liquidating the accounts. But had she done all of that
[50:29.520 --> 50:33.440]  before she made it known, she would have been clear there would have been anything she could
[50:33.440 --> 50:41.960]  do. There may not anyway. So if she puts it into her own account... If you're concerned,
[50:41.960 --> 50:49.640]  you need to talk to a lawyer quickly. Okay. Make sure you protect your position. I don't
[50:49.640 --> 50:55.600]  want to say anything that would cause you not to be able to preserve your relationship
[50:55.600 --> 51:03.360]  because relationships are really tough. But in the process, it might help to preserve
[51:03.360 --> 51:11.320]  your relationship if you preserve the balance of the status quo. Right. Well, she kind of
[51:11.320 --> 51:23.880]  laid out a set of terms and I'm stuck to them by the word and she hasn't. So I guess I just
[51:23.880 --> 51:27.760]  need to go get a little... Now, wait a minute. Wait a minute. Are you
[51:27.760 --> 51:34.200]  kidding me? Are you really expecting this to be equal?
[51:34.200 --> 51:44.760]  Oh, I'm already like... Yeah, I'm already... Now, us four guys were so mistreated for us,
[51:44.760 --> 51:58.240]  but it's always 80-20. You give 80, you get 20. She gives 80, she gets 20 because I guarantee
[51:58.240 --> 52:06.880]  that's the way both parties feel. I've been married over 40 years now and it is a struggle.
[52:06.880 --> 52:15.200]  It is a lot of work and you will never ever perceive things to be fair and equal. That's
[52:15.200 --> 52:20.320]  not saying they're not fair and equal. You'll just never perceive them to be that way if
[52:20.320 --> 52:25.760]  needed with she. Okay. Well, yeah, I mean, she's walking away
[52:25.760 --> 52:36.920]  with pretty much every asset that we've got. I mean, she's got the vehicle, the car, everything.
[52:36.920 --> 52:40.560]  Do you want a divorce? Oh, yes.
[52:40.560 --> 52:50.640]  Oh, okay. If you're not attempting to reconcile, then you might want to file for divorce immediately.
[52:50.640 --> 53:02.040]  Okay. Well, I tried to work it out and I was basically lied to for two months that she
[53:02.040 --> 53:08.840]  was going along with... We were working on our relationship and she was being told she
[53:08.840 --> 53:14.280]  was doing everything but that. This is what I... She's probably saying the
[53:14.280 --> 53:21.160]  same thing about you. We're feeling that this is what happens in
[53:21.160 --> 53:27.440]  these relationships. How long you been together? 16 years.
[53:27.440 --> 53:37.640]  Man, that's a long time to give up on. Yeah, I know. And like I said, I got caught
[53:37.640 --> 53:42.800]  by surprise with this. It was just out of the blue.
[53:42.800 --> 53:52.200]  If you got caught by surprise, you weren't paying attention. Don't blame her if you weren't
[53:52.200 --> 54:03.200]  paying attention. But I hate to see a relationship after this
[54:03.200 --> 54:07.080]  long. Do you have any children? Yes, sir.
[54:07.080 --> 54:15.400]  This is going to be... It'll be tough. Do I say that again? You say they're not home?
[54:15.400 --> 54:21.720]  We have one at home. Oh, okay. That's really difficult. It's more
[54:21.720 --> 54:27.960]  difficult for the children than anything else. The children always blame themselves for everything.
[54:27.960 --> 54:35.640]  Well, he knows that it's not his fault. How old is he?
[54:35.640 --> 54:41.160]  He don't know any such thing. Okay.
[54:41.160 --> 54:45.800]  Kids blame themselves. They tell you otherwise, they're going to blame themselves. It's what
[54:45.800 --> 54:49.840]  they do. Okay.
[54:49.840 --> 54:56.840]  This is always incredibly difficult on the children. Anyway, I'm not going to be a marriage
[54:56.840 --> 55:03.200]  counselor anymore. If you've decided that it's unreconcilable, you need to get a suit
[55:03.200 --> 55:13.360]  filed. You can go down and there's a form you can fill out for a uncontested divorce.
[55:13.360 --> 55:22.680]  I've actually got the paperwork on my computer right now for the whole divorce paperwork.
[55:22.680 --> 55:28.240]  Get it filled out, get it filed. Once it's filed, then the temporary orders will go into
[55:28.240 --> 55:33.920]  place and she won't be able to liquidate. Okay.
[55:33.920 --> 55:37.200]  But if you wait until she's liquidated, it's too late.
[55:37.200 --> 55:42.080]  The reason I was asking about all this is my sister went through a divorce three or
[55:42.080 --> 55:51.000]  four or five years ago. My parents actually kind of gave her some money, but they kept
[55:51.000 --> 55:58.360]  it in an account under my parents' name and just made her a signer on the account. Well,
[55:58.360 --> 56:01.280]  I guess- Okay. That won't help. She could liquidate
[56:01.280 --> 56:06.560]  the account. Well, right. But my deal is I think she's
[56:06.560 --> 56:14.120]  maybe set up accounts under her name that the bank won't give me any information as
[56:14.120 --> 56:19.560]  to whether they exist or not. Yeah. They won't unless you file a suit.
[56:19.560 --> 56:29.160]  Okay. Well, I was... The opposing attorney found that my sister had access to that money
[56:29.160 --> 56:35.400]  in that account. So I'm just trying to find out if she does have accounts or not.
[56:35.400 --> 56:42.280]  Well, you're not going to find out unless you file a suit for divorce.
[56:42.280 --> 56:45.600]  Okay. Because that's all private.
[56:45.600 --> 56:53.200]  So just get the paperwork in and, I don't know, is there like some motion for disclosure
[56:53.200 --> 56:58.160]  or something like that in there? No. Once you file it, then you can petition
[56:58.160 --> 57:01.840]  for disclosure, yes. Okay.
[57:01.840 --> 57:06.480]  The first thing is to file the suit and get temporary orders and that'll make it so she
[57:06.480 --> 57:11.280]  can't liquidate any accounts. Okay.
[57:11.280 --> 57:16.720]  Then you got time to find them. Okay.
[57:16.720 --> 57:19.040]  Okay. Good luck.
[57:19.040 --> 57:22.760]  Thank you very much, Randy. Okey-doke. Bye-bye.
[57:22.760 --> 57:28.040]  Okay. We had a bunch of calls on the call board and it looks like most of them has dropped
[57:28.040 --> 57:35.000]  off. We've got one that shows to be on screen, but it's been on screen for a long time. So
[57:35.000 --> 57:41.760]  I'm going to take a chance on it. 301 area code. Who do you have?
[57:41.760 --> 57:48.680]  And this is Ralph. Hello, Ralph. What do you have for us today?
[57:48.680 --> 57:59.360]  I have a situation. I loaned the real estate investor some money back in 2008 and it was
[57:59.360 --> 58:04.160]  a balloon. The agreement was that I would give up a little thing in three years.
[58:04.160 --> 58:08.560]  Okay, wait, hang on. We're about to go to break. We'll pick this up when we come back
[58:08.560 --> 58:15.040]  on the other side. This is Randy Kelton, Deborah Stevens, We Love Our Radio. Our call in number
[58:15.040 --> 58:23.160]  512-646-1984. A few minutes ago the call board was full. Now it's empty. So if you have a
[58:23.160 --> 58:28.720]  question or a comment, give us a call. It generally builds up toward the end. So call
[58:28.720 --> 58:32.600]  in quickly, get in line. We will take all your calls when we come back on the other
[58:32.600 --> 58:41.080]  side. And if you have time, go to Logos Radio Network and look at all of our deals there.
[58:41.080 --> 58:45.960]  And if you buy some of our products, it will help support the network. We need all the
[58:45.960 --> 58:53.000]  help we can get. We'll be right back. The Bible remains the most popular book in
[58:53.000 --> 58:58.680]  the world, yet countless readers are frustrated because they struggle to understand it. Some
[58:58.680 --> 59:04.080]  new translations try to help by simplifying the text, but in the process can compromise
[59:04.080 --> 59:11.120]  the profound meaning of the scripture. Enter the recovery version. First, this new translation
[59:11.120 --> 59:17.040]  is extremely faithful and accurate, but the real story is the more than 9,000 explanatory
[59:17.040 --> 59:23.040]  footnotes. Difficult and profound passages are opened up in a marvelous way, providing
[59:23.040 --> 59:28.480]  an entrance into the riches of the Word beyond which you've ever experienced before. Bibles
[59:28.480 --> 59:33.640]  for America would like to give you a free recovery version simply for the asking. This
[59:33.640 --> 59:44.040]  comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:44.040 --> 59:53.640]  or by ordering online at freestudybible.com. That's freestudybible.com. You're listening
[59:53.640 --> 01:00:02.560]  to the Logos Radio Network at logosradionetwork.com. You're listening to the Liberty Beat, your
[01:00:02.560 --> 01:00:08.440]  daily source for Liberty news and activist updates, online at thelibertybeat.com. This
[01:00:08.440 --> 01:00:14.320]  is Justin Armand. And this is Jessica Armand. Here with your Liberty Beat for April 10,
[01:00:14.320 --> 01:00:23.440]  2014. Gold opened today at $1,318, silver at $20.15, and Bitcoin is trading at $411.
[01:00:23.440 --> 01:00:27.840]  After the Liberty Beat comes from Affordable Sound, CD and DVD duplication for all your
[01:00:27.840 --> 01:00:33.400]  printing and audio duplication needs. Online at affordablesound.com or give them a call
[01:00:33.400 --> 01:00:41.360]  at 512-459-5253. And from Voice and Exit, maximizing human flourishing through radical
[01:00:41.360 --> 01:00:47.960]  innovation. Tickets on sale now. Get 10% off with promo code FREEDOM. June 21 at Austin
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[01:00:54.360 --> 01:01:00.320]  nights, 9 p.m. Central Standard Time at coreymoreshow.com. And now the news.
[01:01:00.320 --> 01:01:05.440]  Police arrested two Santa Monica high school students over a video recorded classroom fight
[01:01:05.440 --> 01:01:10.800]  between a teacher and a pupil. Science teacher and wrestling coach Mark Black grabbed a student
[01:01:10.800 --> 01:01:16.440]  around the legs as the two crashed into desks, eventually ending up on the floor in a disturbing
[01:01:16.440 --> 01:01:26.000]  display as fellow students looked on. A representative from the Santa Monica Malibu Unified School
[01:01:26.000 --> 01:01:31.600]  District said that the incident escalated after a disagreement involving drugs. Initially
[01:01:31.600 --> 01:01:36.280]  following the video's release, the school superintendent, Sandra Leone, suspended the
[01:01:36.280 --> 01:01:40.480]  teacher and issued a statement saying that the school would support the student and his
[01:01:40.480 --> 01:01:46.040]  family. However, Leone's statement was retracted after a parental uproar condemned her for
[01:01:46.040 --> 01:01:55.560]  acting before all the facts were known. A study released by Illinois University researchers
[01:01:55.560 --> 01:02:01.080]  found that an alarming rate of sexual harassment cases are going unnoticed in public middle
[01:02:01.080 --> 01:02:06.360]  schools. According to the study, 21% of the students in this survey experienced some form
[01:02:06.360 --> 01:02:11.320]  of physical sexual harassment. The students reported instances of being slapped on the
[01:02:11.320 --> 01:02:15.960]  butt, being rubbed up against sexually, and even being forced to kiss another student.
[01:02:15.960 --> 01:02:20.880]  The researchers noted that many of the students dismissed this behavior as joking or not that
[01:02:20.880 --> 01:02:25.960]  serious and I quote, that you get used to it, and another direct quote, it doesn't really
[01:02:25.960 --> 01:02:30.680]  bother me anymore. The study concluded that middle school youth have experienced a wide
[01:02:30.680 --> 01:02:35.880]  range of sexual and violent experiences that seem to be unaddressed by adults in these
[01:02:35.880 --> 01:02:41.480]  schools. Support for the Liberty Beat comes from Roberts and Roberts Brokerage Incorporated,
[01:02:41.480 --> 01:02:45.560]  specializing in precious metals since 1977. They don't feed the banks by taking credit
[01:02:45.560 --> 01:02:54.640]  cards, but they do take bitcoin. Online at rrbi.co or by phone at 800-874-9760. You've
[01:02:54.640 --> 01:03:10.040]  been listening to the Liberty Beat. Remember, freeing your mind is freeing our world.
[01:03:10.040 --> 01:03:25.200]  Now, listen carefully!
[01:03:25.200 --> 01:03:27.200]  And what we say?
[01:03:27.200 --> 01:03:29.200]  Chant for our words
[01:03:29.200 --> 01:03:31.200]  That's what we tell them
[01:03:31.200 --> 01:03:33.200]  Chant down by
[01:03:33.200 --> 01:03:35.200]  Chant down by
[01:03:35.200 --> 01:03:37.200]  Chant for delicious
[01:03:37.200 --> 01:03:39.200]  Chant for rest
[01:03:39.200 --> 01:03:41.200]  Chant for rubies
[01:03:41.200 --> 01:03:43.200]  Chant for our words
[01:03:43.200 --> 01:03:45.200]  Chant for our words
[01:03:45.200 --> 01:03:47.200]  Most of them when we chant
[01:03:47.200 --> 01:03:49.200]  Let me see
[01:03:49.200 --> 01:03:51.200]  All man was created
[01:03:51.200 --> 01:03:53.200]  Equally
[01:03:53.200 --> 01:03:55.200]  And do it daily
[01:03:55.200 --> 01:03:57.200]  And when night come
[01:03:57.200 --> 01:03:59.200]  Just everybody
[01:03:59.200 --> 01:04:01.200]  One by one
[01:04:01.200 --> 01:04:03.200]  We have to chant them man
[01:04:03.200 --> 01:04:05.200]  We chant from Babylon
[01:04:05.200 --> 01:04:07.200]  Because Babylon is wrong
[01:04:07.200 --> 01:04:09.200]  The only right man
[01:04:09.200 --> 01:04:11.200]  We say is the rest man
[01:04:11.200 --> 01:04:13.200]  We take Mr. Lordman
[01:04:13.200 --> 01:04:15.200]  The bowian man
[01:04:15.200 --> 01:04:17.200]  To chant from Babylon
[01:04:17.200 --> 01:04:19.200]  Now not later
[01:04:19.200 --> 01:04:21.200]  To let Babylon
[01:04:21.200 --> 01:04:23.200]  Be free
[01:04:23.200 --> 01:04:25.200]  Chant
[01:04:25.200 --> 01:04:27.200]  Chant for rest
[01:04:27.200 --> 01:04:29.200]  Chant for our words
[01:04:29.200 --> 01:04:31.200]  Chant for our words
[01:04:31.200 --> 01:04:33.200]  Chant for rest
[01:04:33.200 --> 01:04:35.200]  Chant for our words
[01:04:35.200 --> 01:04:37.200]  Chant for our words
[01:04:37.200 --> 01:04:39.200]  Chant for our words
[01:04:39.200 --> 01:04:41.200]  Chant for our words
[01:04:41.200 --> 01:04:43.200]  Chant for our words
[01:04:43.200 --> 01:04:45.200]  Ok, we are back
[01:04:45.200 --> 01:04:47.200]  Randy Felton, David Stevens, Rue la Radio
[01:04:47.200 --> 01:04:49.200]  And we're talking to Ralph in Texas
[01:04:49.200 --> 01:04:54.200]  provided for a balloon payment at the end of three years.
[01:04:55.320 --> 01:04:58.160]  The loan was secured by a second mortgage,
[01:04:58.160 --> 01:05:01.280]  about a second position on the property.
[01:05:03.600 --> 01:05:06.480]  Is he up to date on the first mortgage?
[01:05:08.320 --> 01:05:11.640]  Well, from what I understand, Randy,
[01:05:11.640 --> 01:05:19.640]  he went through a process where he contested that mortgage
[01:05:21.000 --> 01:05:25.840]  through some of the procedures that you talk about.
[01:05:25.840 --> 01:05:30.640]  Okay, hold on, that mortgage, I hate pronouns.
[01:05:30.640 --> 01:05:32.840]  Which mortgage, yours?
[01:05:32.840 --> 01:05:35.580]  The first mortgage was removed.
[01:05:36.920 --> 01:05:40.200]  Okay, so he's challenged the first mortgage.
[01:05:40.200 --> 01:05:41.400]  Yes.
[01:05:41.400 --> 01:05:42.400]  That'll work.
[01:05:43.440 --> 01:05:47.320]  If he gets that one tossed, yours steps up to the front.
[01:05:48.320 --> 01:05:50.360]  I've been told by a title attorney
[01:05:50.360 --> 01:05:51.800]  that I am in first place.
[01:05:53.800 --> 01:05:55.360]  Then foreclose.
[01:05:57.120 --> 01:06:02.120]  Now, he indicated, the owner of the property indicated
[01:06:02.920 --> 01:06:07.920]  that he had attempted or had looked into selling this house.
[01:06:07.920 --> 01:06:09.600]  He wants to do a short sale.
[01:06:10.600 --> 01:06:11.440]  Excuse me?
[01:06:12.200 --> 01:06:13.640]  Is he trying to do a short sale
[01:06:13.640 --> 01:06:16.200]  or is he trying to sell it to fair market?
[01:06:16.200 --> 01:06:18.200]  He wanted to sell it at market.
[01:06:19.840 --> 01:06:23.720]  Okay, that's, that sounds like it'll work.
[01:06:25.720 --> 01:06:27.160]  Is the title clouded?
[01:06:29.000 --> 01:06:30.200]  How's it clouded?
[01:06:32.080 --> 01:06:33.960]  I don't know that it is.
[01:06:33.960 --> 01:06:36.440]  He indicated that he was trying to sell it
[01:06:36.440 --> 01:06:38.960]  but he indicated that it is.
[01:06:39.960 --> 01:06:43.320]  Okay, I can't tell you the, okay.
[01:06:43.320 --> 01:06:47.080]  The only way the title can be clouded
[01:06:48.240 --> 01:06:52.640]  is by something filed in the public record.
[01:06:52.640 --> 01:06:56.160]  So have you went down and pulled all the documents filed
[01:06:56.160 --> 01:06:57.640]  with the county recorder?
[01:06:59.360 --> 01:07:00.960]  No.
[01:07:00.960 --> 01:07:04.520]  Okay, this is, I'm surprised.
[01:07:04.520 --> 01:07:09.520]  I just looked at a case for someone I had a lawyer
[01:07:09.720 --> 01:07:11.160]  and they never did this.
[01:07:12.040 --> 01:07:14.720]  I want to go down there and say, knock, knock, knock.
[01:07:14.720 --> 01:07:16.040]  Anybody home?
[01:07:16.040 --> 01:07:18.080]  You're the lawyer.
[01:07:18.080 --> 01:07:23.080]  The only place where you can have a claim against property
[01:07:25.200 --> 01:07:27.280]  is in the county record.
[01:07:27.280 --> 01:07:32.280]  We have in Texas a statute that every state has to have.
[01:07:36.040 --> 01:07:40.480]  This statute says it's Texas government code 13.001.
[01:07:41.760 --> 01:07:46.760]  Any claim against real property not acknowledged
[01:07:47.360 --> 01:07:52.280]  or proven and properly filed in the county record
[01:07:52.280 --> 01:07:55.080]  is void as to the holder.
[01:07:55.080 --> 01:08:00.080]  Reason being, had a friend here, sold him a business,
[01:08:01.520 --> 01:08:03.240]  didn't have the money for it,
[01:08:03.240 --> 01:08:05.480]  asked me if I'd take a mechanics lien on his house.
[01:08:05.480 --> 01:08:06.320]  I said, sure.
[01:08:08.000 --> 01:08:10.520]  First, I go down, I check the county record.
[01:08:11.400 --> 01:08:13.800]  I asked the clerk to do a search on this property.
[01:08:13.800 --> 01:08:15.520]  He gives a search.
[01:08:15.520 --> 01:08:18.560]  I get a list of all the claims against the property
[01:08:18.560 --> 01:08:19.640]  and there are none.
[01:08:20.720 --> 01:08:22.320]  There are no liens against the property.
[01:08:22.320 --> 01:08:25.040]  So I say, okay, I'll take off this lien.
[01:08:26.240 --> 01:08:29.200]  Then a year later, Chase Spank comes along
[01:08:29.200 --> 01:08:30.680]  and wants to foreclose on it.
[01:08:32.560 --> 01:08:36.480]  Hold on, Bubba, I've got this claim here
[01:08:36.480 --> 01:08:38.880]  and they're gonna say, well, we had our claim
[01:08:38.880 --> 01:08:41.160]  before you had yours, so that may be.
[01:08:42.080 --> 01:08:45.240]  But when I went down and looked in the county record,
[01:08:45.240 --> 01:08:47.240]  I didn't find your claim.
[01:08:47.240 --> 01:08:51.360]  And I took out my claim in good faith.
[01:08:52.520 --> 01:08:56.320]  You can't come along now and say, oh yeah,
[01:08:56.320 --> 01:08:58.320]  my claim wasn't properly filed,
[01:08:58.320 --> 01:09:03.040]  but I can step in front of your claim anyway.
[01:09:04.720 --> 01:09:09.720]  Without this statute, there would be no reason
[01:09:09.720 --> 01:09:12.160]  to have the county recorder's office.
[01:09:12.160 --> 01:09:13.920]  So you're gonna have it.
[01:09:13.920 --> 01:09:16.480]  So first, if you think there's a cloud on the title,
[01:09:16.480 --> 01:09:18.440]  you go down there and look in the record.
[01:09:19.920 --> 01:09:24.320]  If the cloud is not filed in the record, it's not a cloud.
[01:09:27.520 --> 01:09:30.120]  If you don't know how to examine the records,
[01:09:30.120 --> 01:09:32.200]  if you'll pull them all, send them to me,
[01:09:33.560 --> 01:09:36.600]  let me look at them, I'll tell you what I see.
[01:09:36.600 --> 01:09:37.440]  Okay.
[01:09:38.480 --> 01:09:42.400]  Now, another issue I've had is that he has sent
[01:09:42.400 --> 01:09:47.080]  three partial payments this year, the last three months.
[01:09:48.280 --> 01:09:53.280]  And he's put in the memo section on the memo line
[01:09:53.280 --> 01:09:55.840]  he's put on their principal payment only.
[01:09:57.680 --> 01:10:01.080]  Okay, that's okay, that's what you have to do anyway.
[01:10:02.720 --> 01:10:06.760]  You have to apply the payment to principal first
[01:10:06.760 --> 01:10:08.760]  before interest.
[01:10:08.760 --> 01:10:13.760]  Wells Fargo got in big trouble over that, because they were
[01:10:14.440 --> 01:10:19.440]  getting payments in and they would apply it to late fees
[01:10:20.200 --> 01:10:23.000]  and interest first and then to principal.
[01:10:24.080 --> 01:10:26.600]  And the law says, no, you do that the other way around,
[01:10:26.600 --> 01:10:28.560]  principal first, then interest.
[01:10:31.280 --> 01:10:32.120]  So the interest.
[01:10:32.120 --> 01:10:37.120]  Okay, even if it's not what was written in the original limit?
[01:10:41.400 --> 01:10:44.760]  Okay, it doesn't really make much difference
[01:10:45.920 --> 01:10:50.920]  because this guy owes you X number of dollars this month.
[01:10:53.080 --> 01:10:56.480]  Next month, he's gonna owe you X number of dollars
[01:10:56.480 --> 01:11:00.400]  plus the number of dollars in interest.
[01:11:00.400 --> 01:11:02.480]  That all goes to the principal, the principal
[01:11:02.480 --> 01:11:03.680]  just gets bigger.
[01:11:05.160 --> 01:11:07.600]  So in the end, it's not gonna make any difference.
[01:11:08.840 --> 01:11:11.520]  That's still part of the debt, whether you call it principal
[01:11:11.520 --> 01:11:14.280]  or call it interest, it's still part of the valid debt,
[01:11:14.280 --> 01:11:16.240]  so it don't make any difference.
[01:11:16.240 --> 01:11:17.080]  Okay.
[01:11:18.120 --> 01:11:23.120]  Okay, so I'll go to the county.
[01:11:23.120 --> 01:11:25.960]  Okay, it'll make a slight difference in the amount
[01:11:25.960 --> 01:11:29.320]  of interest they charge next month, but you do have
[01:11:29.320 --> 01:11:31.160]  to apply it to the principal first.
[01:11:32.280 --> 01:11:35.400]  But do you have a standard Fannie Mae
[01:11:35.400 --> 01:11:37.160]  Freddie Mac uniform instrument?
[01:11:40.360 --> 01:11:44.920]  What kind of security instrument do you have?
[01:11:47.320 --> 01:11:50.360]  Maryland, Maryland is a deed of trust state.
[01:11:54.440 --> 01:11:56.680]  Can they foreclose without going to court?
[01:11:56.680 --> 01:11:57.520]  No.
[01:11:58.760 --> 01:11:59.600]  No.
[01:12:00.440 --> 01:12:02.640]  Okay, so it's a mortgage state.
[01:12:05.760 --> 01:12:08.240]  Where did you get your mortgage form?
[01:12:11.000 --> 01:12:13.400]  It was all written up by his attorney.
[01:12:16.840 --> 01:12:19.320]  Do you have the form in front of you?
[01:12:19.320 --> 01:12:20.160]  No, I don't.
[01:12:21.280 --> 01:12:23.520]  Okay, and you need to look at the footer
[01:12:23.520 --> 01:12:26.600]  and see if it says Fannie Mae Freddie Mac uniform
[01:12:26.600 --> 01:12:28.120]  instrument.
[01:12:28.120 --> 01:12:33.120]  It doesn't have to be unless you are a federally
[01:12:33.120 --> 01:12:34.680]  licensed lender.
[01:12:36.040 --> 01:12:38.360]  Are you a federally licensed lender?
[01:12:39.240 --> 01:12:40.080]  No, I'm not.
[01:12:41.160 --> 01:12:44.800]  So it doesn't have to be the Fannie Mae Freddie Mac,
[01:12:45.760 --> 01:12:47.840]  the Fannie Mae Freddie Mac uniform instruments
[01:12:47.840 --> 01:12:49.200]  required by HUD-1.
[01:12:50.160 --> 01:12:54.320]  So in order to know what your standing is,
[01:12:54.320 --> 01:12:56.720]  you'd have to know what's in that contract.
[01:12:58.880 --> 01:13:02.400]  And if the contract is bogus, then you can sue the lawyer.
[01:13:05.160 --> 01:13:08.520]  It's always nice to look for pockets that you can get into.
[01:13:09.560 --> 01:13:14.120]  So, but, okay, at this point, what is your question?
[01:13:15.840 --> 01:13:19.320]  Well, the first question was about that memo line
[01:13:19.320 --> 01:13:21.120]  and you're saying that that's valid.
[01:13:21.120 --> 01:13:24.360]  The second question was about this.
[01:13:25.560 --> 01:13:27.920]  Okay, hold on, before we get to the second question,
[01:13:27.920 --> 01:13:30.800]  the first question, no, it's not valid.
[01:13:31.840 --> 01:13:32.960]  I mean, it doesn't make any difference,
[01:13:32.960 --> 01:13:34.680]  but it doesn't mean anything.
[01:13:36.440 --> 01:13:41.440]  Generally, a mortgage will have a clause in the mortgage
[01:13:41.760 --> 01:13:46.400]  about anything written in a memo line on a check.
[01:13:48.320 --> 01:13:50.640]  People pull that kind of stuff and they put it
[01:13:50.640 --> 01:13:53.680]  in the mortgage is that anything written in the memo line
[01:13:53.680 --> 01:13:56.760]  is, doesn't apply.
[01:13:57.800 --> 01:14:00.200]  That they cash the check just like it's not there.
[01:14:00.200 --> 01:14:02.880]  But know that what they put in the memo line
[01:14:02.880 --> 01:14:05.080]  is not going to make any difference.
[01:14:05.080 --> 01:14:08.160]  Okay, and it's, no, it doesn't, I'm going to say
[01:14:08.160 --> 01:14:10.360]  that different, what they put in the memo line
[01:14:10.360 --> 01:14:11.920]  carries no legal weight.
[01:14:13.000 --> 01:14:16.320]  Okay, okay, that's what I wanted to find out
[01:14:16.320 --> 01:14:18.680]  about the checks.
[01:14:18.680 --> 01:14:21.880]  And the second thing you kind of went to that
[01:14:21.880 --> 01:14:26.160]  before I got to it, which was if he's not willing
[01:14:26.160 --> 01:14:28.440]  to sell his property, which he's kind of backed off
[01:14:28.440 --> 01:14:33.440]  that whole idea, then whether I could foreclose
[01:14:36.120 --> 01:14:38.720]  and do so without ending up with a property
[01:14:38.720 --> 01:14:43.720]  that I can't move because of the alleged cloud that exists.
[01:14:43.720 --> 01:14:46.200]  So you're telling me where that's concerned to go ahead
[01:14:46.200 --> 01:14:51.200]  and get all the documents, check all the records and.
[01:14:52.440 --> 01:14:54.440]  Okay, this is how you do it.
[01:14:55.320 --> 01:14:57.880]  You go to the clerk and you tell the clerk
[01:14:57.880 --> 01:15:02.880]  that you're old and you're from the last millennium
[01:15:03.400 --> 01:15:06.240]  and you're computer intolerant.
[01:15:06.240 --> 01:15:10.200]  You don't know anything about these newfangled gadgets.
[01:15:10.200 --> 01:15:15.200]  Will you do a search and see what documents show up
[01:15:15.280 --> 01:15:16.640]  on this property?
[01:15:17.720 --> 01:15:20.600]  So you don't care what's actually filed.
[01:15:20.600 --> 01:15:23.840]  You want to know what's publicly available.
[01:15:23.840 --> 01:15:26.920]  You want to know what's properly filed.
[01:15:26.920 --> 01:15:30.880]  And if the clerk can't find it, it's not properly filed.
[01:15:30.880 --> 01:15:33.680]  So you want to see what the clerk find.
[01:15:35.560 --> 01:15:38.120]  And then ask the clerk to give you a copy of each one.
[01:15:38.120 --> 01:15:40.360]  And then ask the clerk to give you a copy of each one
[01:15:40.360 --> 01:15:42.440]  of those documents that the clerk finds.
[01:15:42.440 --> 01:15:44.800]  Keep the search the clerk did.
[01:15:45.760 --> 01:15:47.680]  Ask her to print that out for you
[01:15:47.680 --> 01:15:49.240]  and they'll always do that.
[01:15:49.240 --> 01:15:51.720]  And then ask her for a copy of each of those documents.
[01:15:51.720 --> 01:15:54.720]  Send them to me and I'll tell you what I find.
[01:15:54.720 --> 01:15:55.560]  Okay, great.
[01:15:56.880 --> 01:15:58.920]  All right, I appreciate your time.
[01:15:59.800 --> 01:16:01.400]  You're welcome.
[01:16:01.400 --> 01:16:05.240]  Okay, now we're about to go to break.
[01:16:05.240 --> 01:16:09.200]  John, I see there and, but we're getting real close to break.
[01:16:09.200 --> 01:16:12.000]  So I'll pick you up when we come back on the other side.
[01:16:13.000 --> 01:16:15.920]  When we went out last time, I was asking everybody
[01:16:15.920 --> 01:16:20.920]  to go to Logos Radio Network or to Roulalauradio.com.
[01:16:22.160 --> 01:16:24.760]  Logosradionetwork.com.
[01:16:24.760 --> 01:16:26.720]  And we have a lot of advertisers on there
[01:16:26.720 --> 01:16:31.640]  and it sure helps us if there's anything we have on there
[01:16:31.640 --> 01:16:35.600]  that you would need if you would purchase it through our site.
[01:16:35.600 --> 01:16:38.840]  You will help to support this station
[01:16:38.840 --> 01:16:41.800]  or this network and keep it on the air
[01:16:41.800 --> 01:16:45.480]  because we mostly fund this out of our own pockets.
[01:16:45.480 --> 01:16:49.360]  And sometimes it gets to be a pretty serious struggle.
[01:16:49.360 --> 01:16:52.200]  And right now is one of those times.
[01:16:52.200 --> 01:16:53.880]  We just finished a fundraiser
[01:16:53.880 --> 01:16:56.160]  and now we've got a lot of big bills come up after it.
[01:16:56.160 --> 01:16:58.560]  So help us out, we'll be right back.
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[01:19:02.160 --> 01:19:07.160]  This is the Logos, the Logos, the Radio Net, the Radio Net.
[01:19:07.160 --> 01:19:22.160]  ain't gonna blame me, don't blame me,
[01:19:22.160 --> 01:19:36.160]  ain't gonna fool me with that same old trick again,
[01:19:36.160 --> 01:19:41.160]  I was blindsided but now I can see your plan,
[01:19:41.160 --> 01:19:46.160]  you put the fear in my pocket, took the money from my hand,
[01:19:46.160 --> 01:19:55.160]  ain't gonna fool me with that same old trick again,
[01:19:55.160 --> 01:20:10.160]  I was blindsided but now I can see your plan,
[01:20:10.160 --> 01:20:19.160]  you put the fear in my pocket, took the money from my hand,
[01:20:19.160 --> 01:20:29.160]  ain't gonna fool me with that same old trick again,
[01:20:50.160 --> 01:20:53.160]  with the ink on it, America's wholesale lender ink
[01:20:53.160 --> 01:20:58.160]  that was formed on the 16th of December of 08
[01:20:58.160 --> 01:21:01.160]  had nothing to do with Bank of America
[01:21:01.160 --> 01:21:05.160]  or countywide home loans.
[01:21:05.160 --> 01:21:08.160]  They got a judgment against them
[01:21:08.160 --> 01:21:14.160]  and in the judgment said any loan that's been paid off
[01:21:14.160 --> 01:21:19.160]  and this new corporation file or release on it,
[01:21:19.160 --> 01:21:24.160]  they're all void and I thought that was kind of...
[01:21:24.160 --> 01:21:26.160]  Okay, hold on, hold on.
[01:21:26.160 --> 01:21:34.160]  They're saying that any note that's paid off
[01:21:34.160 --> 01:21:38.160]  to American wholesale vendors that the payoff is void?
[01:21:38.160 --> 01:21:45.160]  Yes, it only applies to that corporation that was filed in 08.
[01:21:45.160 --> 01:21:47.160]  It's separate from it.
[01:21:47.160 --> 01:21:53.160]  They released about $18 million worth of real estate liens
[01:21:53.160 --> 01:21:56.160]  and they've come back and filed suit
[01:21:56.160 --> 01:22:01.160]  and they've decided that they're all void.
[01:22:01.160 --> 01:22:04.160]  Okay, you're using a lot of pronouns
[01:22:04.160 --> 01:22:07.160]  and that's getting confusing.
[01:22:07.160 --> 01:22:10.160]  Who decided...
[01:22:10.160 --> 01:22:13.160]  Okay, they released the liens.
[01:22:13.160 --> 01:22:18.160]  They, Bank of America, they, America's wholesale lenders.
[01:22:18.160 --> 01:22:24.160]  America's wholesale lenders ink, this third party.
[01:22:24.160 --> 01:22:26.160]  Okay, hang on.
[01:22:26.160 --> 01:22:30.160]  America's wholesale lenders ink was never filed
[01:22:30.160 --> 01:22:34.160]  as a company doing business.
[01:22:34.160 --> 01:22:40.160]  So some guys found out about this and they filed.
[01:22:40.160 --> 01:22:43.160]  They registered the name.
[01:22:43.160 --> 01:22:49.160]  And as I understand that when people would send them
[01:22:49.160 --> 01:22:53.160]  requests for information, they'd just ignore them
[01:22:53.160 --> 01:22:56.160]  because they didn't have anything to do with it.
[01:22:56.160 --> 01:23:01.160]  And because people were sending to the wrong company,
[01:23:01.160 --> 01:23:07.160]  the banks defaulted on the claims,
[01:23:07.160 --> 01:23:11.160]  be defaulted on American wholesale lenders.
[01:23:11.160 --> 01:23:15.160]  And who did Bank of America sue?
[01:23:15.160 --> 01:23:21.160]  The original company that called itself American Wholesale Lenders
[01:23:21.160 --> 01:23:24.160]  were these guys that registered the name.
[01:23:24.160 --> 01:23:26.160]  Registered the name.
[01:23:26.160 --> 01:23:29.160]  Third parties that registered the name.
[01:23:29.160 --> 01:23:35.160]  And how did they release, no, loans?
[01:23:35.160 --> 01:23:39.160]  Okay, people would sue them.
[01:23:39.160 --> 01:23:43.160]  It's a corporation out of New York, a new company,
[01:23:43.160 --> 01:23:46.160]  the 16th of December of 08.
[01:23:46.160 --> 01:23:52.160]  They called themselves American Wholesale Lenders Ink.
[01:23:52.160 --> 01:23:54.160]  Yeah, they registered the name.
[01:23:54.160 --> 01:23:55.160]  I got that part.
[01:23:55.160 --> 01:23:56.160]  Yes.
[01:23:56.160 --> 01:24:00.160]  How did they release anything?
[01:24:00.160 --> 01:24:05.160]  There were some companies, if somebody was in bankruptcy
[01:24:05.160 --> 01:24:07.160]  or they were filed sued,
[01:24:07.160 --> 01:24:12.160]  they would send a notice up there to them in New York,
[01:24:12.160 --> 01:24:17.160]  the registered agent, and then they would not respond to it.
[01:24:17.160 --> 01:24:19.160]  That's okay.
[01:24:19.160 --> 01:24:21.160]  This company didn't have to.
[01:24:21.160 --> 01:24:23.160]  They didn't have anything to do with it.
[01:24:23.160 --> 01:24:25.160]  That's correct.
[01:24:25.160 --> 01:24:29.160]  But they were getting a release because they would not respond to it.
[01:24:29.160 --> 01:24:32.160]  No, no, we stopped using pronouns.
[01:24:32.160 --> 01:24:34.160]  Who was getting a release?
[01:24:34.160 --> 01:24:36.160]  The American Wholesale Lenders?
[01:24:36.160 --> 01:24:40.160]  Now some of the people that were filing suit.
[01:24:40.160 --> 01:24:42.160]  Okay, yeah, that's better.
[01:24:42.160 --> 01:24:43.160]  That's what I thought you meant,
[01:24:43.160 --> 01:24:47.160]  but it's confusing when you use pronouns like that.
[01:24:47.160 --> 01:24:51.160]  They, we don't know specifically which they you're talking about.
[01:24:51.160 --> 01:24:59.160]  So people would send requests to a company named America's Wholesale Lenders.
[01:24:59.160 --> 01:25:00.160]  Ink.
[01:25:00.160 --> 01:25:01.160]  Yes.
[01:25:01.160 --> 01:25:02.160]  Ink.
[01:25:02.160 --> 01:25:07.160]  And nobody had ever registered the name America's Wholesale Lenders Ink,
[01:25:07.160 --> 01:25:11.160]  so these guys registered the name America's Wholesale Lenders Ink.
[01:25:11.160 --> 01:25:12.160]  Yes.
[01:25:12.160 --> 01:25:15.160]  And when they got letters from people with whom they had no business,
[01:25:15.160 --> 01:25:19.160]  they had no duty to respond, so they didn't respond.
[01:25:19.160 --> 01:25:21.160]  That's correct.
[01:25:21.160 --> 01:25:29.160]  So Bank of America, how did they sue this company?
[01:25:29.160 --> 01:25:32.160]  I'd like to see how they got to this company.
[01:25:32.160 --> 01:25:34.160]  Okay.
[01:25:34.160 --> 01:25:38.160]  Countywide, county home loan,
[01:25:38.160 --> 01:25:43.160]  registered the name with the United States Patented Market.
[01:25:43.160 --> 01:25:44.160]  No.
[01:25:44.160 --> 01:25:46.160]  Countrywide.
[01:25:46.160 --> 01:25:50.160]  Countrywide registered it as a DBA.
[01:25:50.160 --> 01:25:51.160]  No, no, no.
[01:25:51.160 --> 01:25:53.160]  That was the deal.
[01:25:53.160 --> 01:25:57.160]  Countrywide apparently used the name.
[01:25:57.160 --> 01:25:58.160]  Yes.
[01:25:58.160 --> 01:26:02.160]  But they never registered the name.
[01:26:02.160 --> 01:26:07.160]  Okay, let me back up.
[01:26:07.160 --> 01:26:21.160]  Countrywide home loans filed with the United States Patent and Trademark Office in Virginia
[01:26:21.160 --> 01:26:32.160]  to register the name America's Wholesale Lenders with that little R and a circle around it.
[01:26:32.160 --> 01:26:33.160]  Okay.
[01:26:33.160 --> 01:26:39.160]  In 95, that was granted.
[01:26:39.160 --> 01:26:47.160]  Countrywide home loans said this is for advertising purposes only.
[01:26:47.160 --> 01:26:53.160]  They would have the name countywide home loans with a little R around it,
[01:26:53.160 --> 01:27:00.160]  and then right under that, they would have America's Wholesale Lender with an R and a circle.
[01:27:00.160 --> 01:27:05.160]  Oh, okay, hold it. It wasn't America's Wholesale Lenders, Inc.
[01:27:05.160 --> 01:27:06.160]  No.
[01:27:06.160 --> 01:27:08.160]  Because it wasn't an incorporated.
[01:27:08.160 --> 01:27:11.160]  It was just a copyrighted name.
[01:27:11.160 --> 01:27:16.160]  So it would appear they could go after them for copyright infringement?
[01:27:16.160 --> 01:27:21.160]  Yes, which they did.
[01:27:21.160 --> 01:27:23.160]  Okay, I wasn't sure what the suit was about.
[01:27:23.160 --> 01:27:36.160]  So if America's Wholesale Lenders, Inc., did that company, was it a for-profit, profit-making business?
[01:27:36.160 --> 01:27:42.160]  And did it make any profits based on that name?
[01:27:42.160 --> 01:27:44.160]  No.
[01:27:44.160 --> 01:27:49.160]  Then what do they sue for?
[01:27:49.160 --> 01:27:52.160]  Impringement on name only.
[01:27:52.160 --> 01:27:55.160]  How did they infringe on the name?
[01:27:55.160 --> 01:27:59.160]  Did they advertise American Wholesale Lenders, Inc.?
[01:27:59.160 --> 01:28:01.160]  No.
[01:28:01.160 --> 01:28:03.160]  If they just owned it?
[01:28:03.160 --> 01:28:06.160]  Owning the name is not an infringement.
[01:28:06.160 --> 01:28:13.160]  You have to do something to cause a harm.
[01:28:13.160 --> 01:28:20.160]  I do see where there is a justice issue here.
[01:28:20.160 --> 01:28:28.160]  You know, somebody could start up a company called Randall Kelton Company.
[01:28:28.160 --> 01:28:32.160]  And here I come along, I got the name Randall Kelton.
[01:28:32.160 --> 01:28:39.160]  And even if I have my name copyrighted, it's my name.
[01:28:39.160 --> 01:28:41.160]  Yes.
[01:28:41.160 --> 01:28:53.160]  If somebody starts a company, Randall Kelton Company, and they file a DBA and I haven't filed a DBA,
[01:28:53.160 --> 01:28:59.160]  how would I have a claim against them?
[01:28:59.160 --> 01:29:02.160]  I think we're talking about...
[01:29:02.160 --> 01:29:05.160]  Do you have a copy of the suit?
[01:29:05.160 --> 01:29:07.160]  Yes.
[01:29:07.160 --> 01:29:08.160]  Or a link to it?
[01:29:08.160 --> 01:29:10.160]  Can you send me a link to the suit?
[01:29:10.160 --> 01:29:13.160]  I'd like to see how they got to them.
[01:29:13.160 --> 01:29:20.160]  Did they force the company to shut down the name or stop using the name?
[01:29:20.160 --> 01:29:28.160]  Well, when I was reading, it's about 20 pages, it said that it did.
[01:29:28.160 --> 01:29:31.160]  And then I see that it's still active.
[01:29:31.160 --> 01:29:32.160]  Okay, hang on.
[01:29:32.160 --> 01:29:37.160]  What it may have been is the suit said they wanted that, but they may or may not have gotten it.
[01:29:37.160 --> 01:29:38.160]  Hang on.
[01:29:38.160 --> 01:29:48.160]  Okay, this is Randall Kelton, Deborah Stevens, rule of our radio, a calling number, 512-646-1984.
[01:29:48.160 --> 01:29:49.160]  Give us a call.
[01:29:49.160 --> 01:29:51.160]  We've got two more segments.
[01:29:51.160 --> 01:30:03.160]  We'll be right back.
[01:30:03.160 --> 01:30:05.160]  Ditch those greasy burgers in gooey donuts.
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[01:30:15.160 --> 01:30:17.160]  Privacy is under attack.
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[01:30:31.160 --> 01:30:34.160]  Privacy, it's worth hanging on to.
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[01:31:06.160 --> 01:31:14.160]  Even participants who ate just small amounts of fast food or commercially baked goods like donuts or croissants were more susceptible to mental illness.
[01:31:14.160 --> 01:31:18.160]  So swap those hot dogs and fries for veggies, fish, and fruit.
[01:31:18.160 --> 01:31:21.160]  Your mind and your middle will love you for it.
[01:31:21.160 --> 01:31:30.160]  This is Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:30.160 --> 01:31:36.160]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.160 --> 01:31:38.160]  The government says that fire brought it down.
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[01:32:57.160 --> 01:33:00.160]  Microplantpowder.com.
[01:33:00.160 --> 01:33:04.160]  You are listening to the Logos Radio Network.
[01:33:04.160 --> 01:33:12.160]  Logosradionetwork.com.
[01:33:12.160 --> 01:33:25.160]  Okay, we are back.
[01:33:25.160 --> 01:33:31.160]  Randy Kelton, Debra Stevens, Rule of Law Radio, and we're talking to John in Texas.
[01:33:31.160 --> 01:33:34.160]  Okay, I will send that to you.
[01:33:34.160 --> 01:33:36.160]  I have another question.
[01:33:36.160 --> 01:33:38.160]  All right.
[01:33:38.160 --> 01:33:42.160]  I am in bankruptcy right now.
[01:33:42.160 --> 01:33:46.160]  Okay, Chapter 7 or 13?
[01:33:46.160 --> 01:33:51.160]  It's a 13 that I converted to a 7.
[01:33:51.160 --> 01:33:54.160]  Did you claim your property as unsecured?
[01:33:54.160 --> 01:33:57.160]  Yes, I did.
[01:33:57.160 --> 01:33:59.160]  Good man.
[01:33:59.160 --> 01:34:04.160]  Did they bring paperwork to the bankruptcy court?
[01:34:04.160 --> 01:34:06.160]  No, I haven't.
[01:34:06.160 --> 01:34:09.160]  It's only been about two weeks.
[01:34:09.160 --> 01:34:10.160]  Oh, okay.
[01:34:10.160 --> 01:34:14.160]  Do you know what to say when they bring their paperwork?
[01:34:14.160 --> 01:34:17.160]  That it's unsecured.
[01:34:17.160 --> 01:34:19.160]  No.
[01:34:19.160 --> 01:34:25.160]  You ask them, you know, if they have paperwork and they haven't filed it in, you ask them to see it.
[01:34:25.160 --> 01:34:28.160]  We had a woman do this in Fort Worth.
[01:34:28.160 --> 01:34:36.160]  So your 817 area code tells me you're in that area, so you may get the same bankruptcy judge.
[01:34:36.160 --> 01:34:41.160]  This woman said, Your Honor, they've got a bunch of paperwork there.
[01:34:41.160 --> 01:34:42.160]  Can I look at it?
[01:34:42.160 --> 01:34:44.160]  She said, Counselor, show it to her.
[01:34:44.160 --> 01:34:45.160]  She shows it to her.
[01:34:45.160 --> 01:34:50.160]  It is all of her closing documents, copies of all the closing documents.
[01:34:50.160 --> 01:34:56.160]  And she said, Your Honor, I've never seen these documents before.
[01:34:56.160 --> 01:34:58.160]  She just said, What?
[01:34:58.160 --> 01:34:59.160]  I've never seen these.
[01:34:59.160 --> 01:35:01.160]  He said, Well, isn't that your signature?
[01:35:01.160 --> 01:35:04.160]  Oh, no, Your Honor, I did not sign this document.
[01:35:04.160 --> 01:35:07.160]  I have never seen this document before.
[01:35:07.160 --> 01:35:14.160]  And she said that he ground on her for about 10 minutes and she wouldn't back down.
[01:35:14.160 --> 01:35:17.160]  And she hadn't seen those documents before.
[01:35:17.160 --> 01:35:20.160]  Those were photocopies of something.
[01:35:20.160 --> 01:35:23.160]  She didn't know what, but she'd never seen those before.
[01:35:23.160 --> 01:35:27.160]  And she certainly didn't sign that photocopy.
[01:35:27.160 --> 01:35:32.160]  She said after about 10 minutes, the judge sat back and smiled and looked over at the lawyers and said,
[01:35:32.160 --> 01:35:40.160]  Well, Counselors, it seems she's never seen these before.
[01:35:40.160 --> 01:35:44.160]  You're going to have to come in with the original documents.
[01:35:44.160 --> 01:35:47.160]  And guess what they did not show up with?
[01:35:47.160 --> 01:35:49.160]  The original.
[01:35:49.160 --> 01:35:57.160]  Right, so if that got to, they wrote off the note, they discharged the note.
[01:35:57.160 --> 01:36:04.160]  Now, once the note's discharged, you still have the deed of trust to deal with.
[01:36:04.160 --> 01:36:14.160]  The deed of trust is filed in the record and it is on the face of it, regular.
[01:36:14.160 --> 01:36:22.160]  So if I look in the record, I see what is a facially valid claim.
[01:36:22.160 --> 01:36:28.160]  And the courts have said they can still come and enforce that facially valid claim.
[01:36:28.160 --> 01:36:33.160]  So what you have to do once you get the note discharged is now you have to come back
[01:36:33.160 --> 01:36:42.160]  and do a quiet title action against the security instrument.
[01:36:42.160 --> 01:36:49.160]  It might be a good idea to go ahead and start a quiet title action against the security instrument.
[01:36:49.160 --> 01:36:53.160]  I've been working on it for a week now.
[01:36:53.160 --> 01:36:58.160]  Okay, have you written and collected all of the documents filed in the county record?
[01:36:58.160 --> 01:37:01.160]  Yes, I have certified copies.
[01:37:01.160 --> 01:37:07.160]  Okay, I started to say you're in Tarrant County so you can do that online.
[01:37:07.160 --> 01:37:09.160]  You're going to have to go down there.
[01:37:09.160 --> 01:37:11.160]  Well, I have to get certified.
[01:37:11.160 --> 01:37:16.160]  Okay, I use uncertified.
[01:37:16.160 --> 01:37:24.160]  If the other side complains about an uncertified document, the first thing I'm going to say is,
[01:37:24.160 --> 01:37:33.160]  okay, what about this document is different from the document that is filed in the county record?
[01:37:33.160 --> 01:37:41.160]  And when they can't find anything, I'm going to ask for sanctions against them for a frivolous plea.
[01:37:41.160 --> 01:37:44.160]  So generally that's not important.
[01:37:44.160 --> 01:37:48.160]  You don't have to spend all that money unless they complain about it.
[01:37:48.160 --> 01:37:55.160]  But anyway, with that done, do you have a security instrument?
[01:37:55.160 --> 01:37:57.160]  Yes.
[01:37:57.160 --> 01:38:00.160]  Who is the lender on the security instrument?
[01:38:00.160 --> 01:38:03.160]  America's wholesale lenders.
[01:38:03.160 --> 01:38:05.160]  Okay.
[01:38:05.160 --> 01:38:11.160]  And when was the note written?
[01:38:11.160 --> 01:38:15.160]  February the 18th, 2005.
[01:38:15.160 --> 01:38:17.160]  Okay.
[01:38:17.160 --> 01:38:24.160]  Is there an assignment of the security instrument to some other entity?
[01:38:24.160 --> 01:38:30.160]  Yes, seven years later.
[01:38:30.160 --> 01:38:32.160]  05012.
[01:38:32.160 --> 01:38:35.160]  Who assigned what to who?
[01:38:35.160 --> 01:38:43.160]  Bank of America assigned it to that New York bank, Medlin.
[01:38:43.160 --> 01:38:45.160]  Melton, I think it is.
[01:38:45.160 --> 01:38:47.160]  New York, you had New York, Medlin.
[01:38:47.160 --> 01:38:57.160]  Okay. One claim you get to make is that this company never existed.
[01:38:57.160 --> 01:39:01.160]  It was just a name for Countrywide.
[01:39:01.160 --> 01:39:07.160]  Countrywide went out of business in 2008.
[01:39:07.160 --> 01:39:14.160]  And Countrywide never did an assignment to Bank of America.
[01:39:14.160 --> 01:39:19.160]  So because you can't do an assignment for your dead guy.
[01:39:19.160 --> 01:39:28.160]  And Bank of America has been acting as though Countrywide merged with Bank of America.
[01:39:28.160 --> 01:39:36.160]  While Colia merged with Wells Fargo, Countrywide did not merge with Bank of America.
[01:39:36.160 --> 01:39:41.160]  Countrywide was bought out by Bank of America.
[01:39:41.160 --> 01:39:52.160]  And in order for the security instrument to be valid, Countrywide would have had to have transferred that security instrument to Bank of America.
[01:39:52.160 --> 01:39:56.160]  But that would have cost them about 50 bucks a pop.
[01:39:56.160 --> 01:39:58.160]  So they didn't bother with it.
[01:39:58.160 --> 01:40:03.160]  Then it's for it. It costs 95% of the mortgage nobody complains about.
[01:40:03.160 --> 01:40:07.160]  But that is one claim. Another claim.
[01:40:07.160 --> 01:40:11.160]  Which I've been doing some research on and it's very interesting.
[01:40:11.160 --> 01:40:20.160]  On the top of the document or any of the documents in the record, is there a stamp that says electronically filed on this date?
[01:40:20.160 --> 01:40:24.160]  Yes.
[01:40:24.160 --> 01:40:26.160]  They have no problem.
[01:40:26.160 --> 01:40:29.160]  15 U.S. Code 7003.
[01:40:29.160 --> 01:40:33.160]  Write that down.
[01:40:33.160 --> 01:40:41.160]  And look it up. It is the Federal E-Filing Act.
[01:40:41.160 --> 01:40:46.160]  Actually 15 U.S. Code 7001 is where it starts.
[01:40:46.160 --> 01:40:50.160]  And 7001 authorizes e-filing.
[01:40:50.160 --> 01:41:00.160]  But 7003 stipulates certain documents that cannot be e-filed.
[01:41:00.160 --> 01:41:12.160]  And notices of default, documents affecting title, these are named in those documents that are excluded.
[01:41:12.160 --> 01:41:15.160]  I did not know that.
[01:41:15.160 --> 01:41:24.160]  I went down to Tarrant County and told the clerk, I want to see all of the documents you have in today for filing in the record.
[01:41:24.160 --> 01:41:27.160]  Well, we don't have any documents.
[01:41:27.160 --> 01:41:29.160]  Well, how do you file these in the records?
[01:41:29.160 --> 01:41:32.160]  Oh, we get them in electronic format.
[01:41:32.160 --> 01:41:34.160]  Oh, you get them in electronic format.
[01:41:34.160 --> 01:41:39.160]  Well, who sends you these?
[01:41:39.160 --> 01:41:41.160]  So who has the original?
[01:41:41.160 --> 01:41:45.160]  So I could go to the lender and get the original.
[01:41:45.160 --> 01:41:46.160]  Oh, no, we don't get them from the lender.
[01:41:46.160 --> 01:41:50.160]  We get them from a company set up for this purpose.
[01:41:50.160 --> 01:41:51.160]  Oh, you get them from this company.
[01:41:51.160 --> 01:41:56.160]  So how do you know those are true and accurate copies of the original?
[01:41:56.160 --> 01:42:00.160]  Oh, well, we have a memorandum of understanding.
[01:42:00.160 --> 01:42:03.160]  Oh, you have a memorandum of understanding.
[01:42:03.160 --> 01:42:04.160]  Okay.
[01:42:04.160 --> 01:42:07.160]  So this company doesn't have the original either.
[01:42:07.160 --> 01:42:09.160]  So where do they get them?
[01:42:09.160 --> 01:42:12.160]  Well, we think they get them from the title company.
[01:42:12.160 --> 01:42:13.160]  Oh, okay.
[01:42:13.160 --> 01:42:16.160]  So I could go to the title company.
[01:42:16.160 --> 01:42:23.160]  So how do you know what the title company sends them are true and accurate copies of the original?
[01:42:23.160 --> 01:42:29.160]  Oh, well, this company has a memorandum of understanding with the title company.
[01:42:29.160 --> 01:42:31.160]  Oh, they have a memorandum.
[01:42:31.160 --> 01:42:40.160]  So you have a memorandum with somebody who has a memorandum with somebody who may or may not be sending you true and accurate documents.
[01:42:40.160 --> 01:43:01.160]  What about the Texas Business and Commerce Code 1202, which requires that documents filed for the county record have original signatures on them?
[01:43:01.160 --> 01:43:03.160]  Huh?
[01:43:03.160 --> 01:43:05.160]  I get this blank stare.
[01:43:05.160 --> 01:43:15.160]  And what about 50 U.S. Code 7003 that specifically exempts these documents from electronic filing?
[01:43:15.160 --> 01:43:20.160]  Oh, well, all I do is file the documents.
[01:43:20.160 --> 01:43:23.160]  I don't know about that.
[01:43:23.160 --> 01:43:25.160]  Well, okay.
[01:43:25.160 --> 01:43:28.160]  This is what I think happened.
[01:43:28.160 --> 01:43:34.160]  The district clerk set up the e-filing system.
[01:43:34.160 --> 01:43:38.160]  I think his name is Wilder, and he's been here forever.
[01:43:38.160 --> 01:43:51.160]  I actually asked him once, even before everybody had cell phones, it was so far back, to use his phone so I could call the sheriff to ask the sheriff to come out and arrest him.
[01:43:51.160 --> 01:43:53.160]  That was a hoot.
[01:43:53.160 --> 01:43:56.160]  But anyway, he set it up.
[01:43:56.160 --> 01:44:10.160]  But the district clerk does not have...
[01:44:10.160 --> 01:44:26.160]  disease known today, stupidity.
[01:44:26.160 --> 01:44:54.160]  That puts most Americans at risk of catching stupidity, but there is hope.
[01:44:54.160 --> 01:45:04.160]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:14.160 --> 01:46:24.160]  Thank you very much.
[01:46:45.160 --> 01:46:48.160]  Okay, we are back.
[01:46:48.160 --> 01:46:52.160]  Randy Kelton, Denver Stevens, Rule of Law Radio, and my bad folks.
[01:46:52.160 --> 01:46:58.160]  I was having so much fun that I ran right off the cliff.
[01:46:58.160 --> 01:47:00.160]  Okay.
[01:47:00.160 --> 01:47:01.160]  There we go.
[01:47:01.160 --> 01:47:04.160]  John, I got you unmuted.
[01:47:04.160 --> 01:47:08.160]  Where were we, John?
[01:47:08.160 --> 01:47:11.160]  I want to ask you something real fast.
[01:47:11.160 --> 01:47:16.160]  I made my loan February the 18th, 2005.
[01:47:16.160 --> 01:47:22.160]  My loan was put in one of those certificates, the pooling and service agreement.
[01:47:22.160 --> 01:47:24.160]  Wait a minute, how do you know that?
[01:47:24.160 --> 01:47:27.160]  I'm looking at it right now, literally.
[01:47:27.160 --> 01:47:31.160]  How did you find that out?
[01:47:31.160 --> 01:47:37.160]  Did the bank give you notice of it for the lender?
[01:47:37.160 --> 01:47:41.160]  The bank gave me notice of it.
[01:47:41.160 --> 01:47:45.160]  When did they give you notice?
[01:47:45.160 --> 01:47:49.160]  August 2012.
[01:47:49.160 --> 01:47:53.160]  Okay, they're required to give notice within 30 days.
[01:47:53.160 --> 01:47:56.160]  Here's the deal.
[01:47:56.160 --> 01:48:00.160]  One of these trusts are open for inclusion.
[01:48:00.160 --> 01:48:03.160]  They're open for three months.
[01:48:03.160 --> 01:48:11.160]  So your note had to be included in the trust within three months of closing.
[01:48:11.160 --> 01:48:14.160]  It probably was.
[01:48:14.160 --> 01:48:18.160]  Yes, I'm looking at it.
[01:48:18.160 --> 01:48:25.160]  Do you have an assignment that shows that it's assigned to this trust?
[01:48:25.160 --> 01:48:29.160]  Yes, seven years later.
[01:48:29.160 --> 01:48:35.160]  Is that assignment going to be fraudulent?
[01:48:35.160 --> 01:48:36.160]  Almost.
[01:48:36.160 --> 01:48:43.160]  That's absolutely that assignment is fraudulent because it was assigned to the trust back in 2005.
[01:48:43.160 --> 01:48:54.160]  You might want to get Joe to do a securities analysis to find out if that trust has already collapsed.
[01:48:54.160 --> 01:48:57.160]  I bet it has.
[01:48:57.160 --> 01:49:00.160]  All of these trusts have collapsed.
[01:49:00.160 --> 01:49:06.160]  So you can't be putting notes into these trusts after they have collapsed.
[01:49:06.160 --> 01:49:10.160]  So they filed a document in the county record.
[01:49:10.160 --> 01:49:11.160]  Yes.
[01:49:11.160 --> 01:49:20.160]  That purported to transfer your note to a trust on this day.
[01:49:20.160 --> 01:49:27.160]  When that didn't actually happen, they're securing and executing a document by deception.
[01:49:27.160 --> 01:49:36.160]  They're trying to deceive anyone who would look in the court record and give them reason to think that this transfer took place at this time.
[01:49:36.160 --> 01:49:40.160]  That's a felony in Texas.
[01:49:40.160 --> 01:49:43.160]  Wait, it gets better.
[01:49:43.160 --> 01:49:51.160]  They put on this document statements of fact that were untrue and they knew to be untrue.
[01:49:51.160 --> 01:49:57.160]  And in order to file it in the county record, they had to swear to those facts under oath.
[01:49:57.160 --> 01:50:01.160]  They swore to material facts they knew to be untrue under oath.
[01:50:01.160 --> 01:50:05.160]  That's aggravated perjury.
[01:50:05.160 --> 01:50:12.160]  And then they filed this document with the county recorder that had statements that were untrue.
[01:50:12.160 --> 01:50:19.160]  They knew that the filer knew they were untrue, but intended that the statements be taken as true.
[01:50:19.160 --> 01:50:22.160]  That's tampering with the government document.
[01:50:22.160 --> 01:50:28.160]  And they did this for the purpose of converting your property to their benefit.
[01:50:28.160 --> 01:50:32.160]  That's theft 3203.
[01:50:32.160 --> 01:50:36.160]  And more than one person participated in this.
[01:50:36.160 --> 01:50:39.160]  That's conspiracy.
[01:50:39.160 --> 01:50:43.160]  All of these should be filed.
[01:50:43.160 --> 01:50:45.160]  So you guys want to play hardball.
[01:50:45.160 --> 01:50:51.160]  We need to start welcoming them to the deep end of the pool.
[01:50:51.160 --> 01:50:55.160]  Does that sound like fun?
[01:50:55.160 --> 01:50:57.160]  Does that sound like fun?
[01:50:57.160 --> 01:50:58.160]  Yes.
[01:50:58.160 --> 01:51:02.160]  The cutoff date was March 1, 2005.
[01:51:02.160 --> 01:51:07.160]  And the closing date was March 30, 2005.
[01:51:07.160 --> 01:51:09.160]  Okay.
[01:51:09.160 --> 01:51:10.160]  You have done your homework.
[01:51:10.160 --> 01:51:13.160]  You do not need that analysis.
[01:51:13.160 --> 01:51:15.160]  Okay.
[01:51:15.160 --> 01:51:22.160]  You need to make up an affidavit of fact and put these facts in there.
[01:51:22.160 --> 01:51:28.160]  Get out and pull out securing, executing, and adopted by deception.
[01:51:28.160 --> 01:51:31.160]  I think that's 3246.
[01:51:31.160 --> 01:51:33.160]  It's 3246-something right now.
[01:51:33.160 --> 01:51:34.160]  I think it's 46.
[01:51:34.160 --> 01:51:36.160]  It might be 42.
[01:51:36.160 --> 01:51:39.160]  It's 46.
[01:51:39.160 --> 01:51:46.160]  Aggravated perjury, 3710, I believe.
[01:51:46.160 --> 01:51:51.160]  Tampering with the government document, 3711.
[01:51:51.160 --> 01:51:53.160]  Perjury is just before tampering.
[01:51:53.160 --> 01:51:56.160]  So it's 37, maybe 3709.
[01:51:56.160 --> 01:52:01.160]  Then 3710 is tampering with the government document.
[01:52:01.160 --> 01:52:04.160]  And 3203 is theft.
[01:52:04.160 --> 01:52:07.160]  1502 is conspiracy.
[01:52:07.160 --> 01:52:10.160]  Look those up.
[01:52:10.160 --> 01:52:17.160]  If you send me an email, I'll send you a sample of how I did this to a district judge.
[01:52:17.160 --> 01:52:25.160]  Actually, I've got a JP judge in Garland that I walked through these accusations.
[01:52:25.160 --> 01:52:32.160]  And this will show you how they stitched together, how one criminal accusation leads from the other
[01:52:32.160 --> 01:52:35.160]  and from the next to the next to the next.
[01:52:35.160 --> 01:52:44.160]  The point of all of those accusations is in order for them to commit this improper act,
[01:52:44.160 --> 01:52:53.160]  because our law is so well structured, they have to commit a large number of crimes.
[01:52:53.160 --> 01:53:00.160]  We have all of these penal statutes for the purpose of preventing this kind of behavior.
[01:53:00.160 --> 01:53:04.160]  And it's not like you're stacking charges.
[01:53:04.160 --> 01:53:08.160]  But all of these have to be violated for them to do this.
[01:53:08.160 --> 01:53:10.160]  Does that sound like fun, John?
[01:53:10.160 --> 01:53:11.160]  Yes, it does.
[01:53:11.160 --> 01:53:17.160]  I will send this to you, a PDF file, and I'll put a little note on that and you can send that back to me.
[01:53:17.160 --> 01:53:22.160]  Yes, if you will give me the subject matter in all caps, the subject line,
[01:53:22.160 --> 01:53:25.160]  I tend to pick that up quicker and get lots of emails.
[01:53:25.160 --> 01:53:28.160]  Okay. I appreciate it, Randy.
[01:53:28.160 --> 01:53:30.160]  Okay. Thank you, John.
[01:53:30.160 --> 01:53:32.160]  Keep us up to date on what happens.
[01:53:32.160 --> 01:53:33.160]  Okay.
[01:53:33.160 --> 01:53:34.160]  Okay.
[01:53:34.160 --> 01:53:46.160]  Now we're going to go to the meanest woman in Colorado, the illustrious Miss Francis.
[01:53:46.160 --> 01:53:48.160]  How are you today?
[01:53:48.160 --> 01:53:49.160]  I'm very well.
[01:53:49.160 --> 01:53:51.160]  How are you?
[01:53:51.160 --> 01:53:52.160]  I am great.
[01:53:52.160 --> 01:53:55.160]  I don't care what everybody says.
[01:53:55.160 --> 01:53:56.160]  I agree.
[01:53:56.160 --> 01:53:57.160]  I agree.
[01:53:57.160 --> 01:53:59.160]  I have a quick question, I think.
[01:53:59.160 --> 01:54:03.160]  I'm trying to write a petition for two of them.
[01:54:03.160 --> 01:54:12.160]  One is a petition to remove someone as a conservator, and one is a – but anyway, it's a person,
[01:54:12.160 --> 01:54:17.160]  but actually the conservator that was assigned was actually a bank.
[01:54:17.160 --> 01:54:23.160]  And so in my certificate of service, should I have been this whole time when I've been writing these up
[01:54:23.160 --> 01:54:28.160]  and sending them into court, should I have been sending them to the bank CEO?
[01:54:28.160 --> 01:54:30.160]  I would think so.
[01:54:30.160 --> 01:54:31.160]  Okay.
[01:54:31.160 --> 01:54:36.160]  That is an interesting question, and I'm not sure how they can do that,
[01:54:36.160 --> 01:54:43.160]  where you have a conservator who is not specifically named.
[01:54:43.160 --> 01:54:50.160]  Well, there's a lady that has been named in South Dakota who is, you know,
[01:54:50.160 --> 01:54:55.160]  been mismanaging this the entire time and stealing money and all of that,
[01:54:55.160 --> 01:54:59.160]  but she's actually – when you go back to the original orders,
[01:54:59.160 --> 01:55:03.160]  it actually names the entity the bank.
[01:55:03.160 --> 01:55:08.160]  So she personally didn't have to post bond because the bank can cover anything,
[01:55:08.160 --> 01:55:11.160]  but she's really a bank employee.
[01:55:11.160 --> 01:55:18.160]  Then the bank is responded yet superior.
[01:55:18.160 --> 01:55:21.160]  And I suggest that this employee,
[01:55:21.160 --> 01:55:26.160]  if you have reason to believe that she is misappropriating mishandling funds
[01:55:26.160 --> 01:55:34.160]  and you send a tort letter to the CEO of the bank, he is not going to be a happy camper.
[01:55:34.160 --> 01:55:36.160]  Well, that's what I was thinking.
[01:55:36.160 --> 01:55:40.160]  And, you know, I've been discussing this with you,
[01:55:40.160 --> 01:55:44.160]  and I don't want to kind of jump in, but I know you only got like four minutes,
[01:55:44.160 --> 01:55:46.160]  so I didn't want to lose the rest of the listeners.
[01:55:46.160 --> 01:55:50.160]  But basically we've been fighting this for what nearly they've been holding.
[01:55:50.160 --> 01:55:52.160]  My mother-in-law is out there for seven and a half months.
[01:55:52.160 --> 01:55:56.160]  They filed a temporary restraining order and didn't use a written affidavit
[01:55:56.160 --> 01:55:59.160]  as required by law, and the judge went along with them,
[01:55:59.160 --> 01:56:01.160]  and we've been fighting ever since.
[01:56:01.160 --> 01:56:04.160]  Did you file criminally against the judge?
[01:56:04.160 --> 01:56:09.160]  You know, I haven't done that yet, and I talked to the FBI yesterday
[01:56:09.160 --> 01:56:12.160]  because they finally offered that, you know, you can have your mother,
[01:56:12.160 --> 01:56:17.160]  and if Galen will give up all of his rights as power of attorney and guardian,
[01:56:17.160 --> 01:56:23.160]  no cause, that requires a jury trial, but they want him to voluntarily do it.
[01:56:23.160 --> 01:56:27.160]  And it's a little more convoluted than that than the last time I talked to you,
[01:56:27.160 --> 01:56:31.160]  but they were trying to steal a trailer house, and Galen owned half of it,
[01:56:31.160 --> 01:56:35.160]  and they were refusing to reimburse him for his guardianship costs.
[01:56:35.160 --> 01:56:37.160]  Hold on, hold on.
[01:56:37.160 --> 01:56:40.160]  I get people all the time saying they're doing this wrong, they're doing that wrong.
[01:56:40.160 --> 01:56:43.160]  You should go after them for what they're doing wrong.
[01:56:43.160 --> 01:56:45.160]  I'll give you a real quick.
[01:56:45.160 --> 01:56:51.160]  We had an attorney that was with the county having to do with child support,
[01:56:51.160 --> 01:57:00.160]  filed a motion with the district judge to revoke this woman's probation
[01:57:00.160 --> 01:57:02.160]  and issue a warrant.
[01:57:02.160 --> 01:57:06.160]  The lawyer sent it to the judge without a certificate of service.
[01:57:06.160 --> 01:57:10.160]  The judge signed it the same day and issued the warrant.
[01:57:10.160 --> 01:57:18.160]  The statute required giving notice to the other party and at least three days to respond.
[01:57:18.160 --> 01:57:21.160]  We charged both of them with conspiracy.
[01:57:21.160 --> 01:57:24.160]  We charged the lawyer with solicitation.
[01:57:24.160 --> 01:57:30.160]  We charged them with official oppression, false imprisonment.
[01:57:30.160 --> 01:57:34.160]  They beat her up in jail, first degree felony, aggravated assault.
[01:57:34.160 --> 01:57:36.160]  She just walked right down the code.
[01:57:36.160 --> 01:57:41.160]  And when the judge got this, she was in court,
[01:57:41.160 --> 01:57:48.160]  and the judge was ragged on her for two hours about who made a posting on a public website,
[01:57:48.160 --> 01:57:50.160]  and she refused to talk to him.
[01:57:50.160 --> 01:57:54.160]  He finally goes out and takes the challenge of subject matter jurisdiction.
[01:57:54.160 --> 01:57:59.160]  Regent comes back, and he was threatening the lawyer on the other side
[01:57:59.160 --> 01:58:01.160]  with sanctions for asking a question.
[01:58:01.160 --> 01:58:05.160]  He turned 180 degrees, big time.
[01:58:05.160 --> 01:58:07.160]  Oh, wow.
[01:58:07.160 --> 01:58:10.160]  She scared the bejesus out of him.
[01:58:10.160 --> 01:58:12.160]  Oh, my, well, you know, I need to do that.
[01:58:12.160 --> 01:58:15.160]  So can I Skype you and you give me some details on that again,
[01:58:15.160 --> 01:58:16.160]  or should I call you tomorrow night?
[01:58:16.160 --> 01:58:17.160]  Absolutely.
[01:58:17.160 --> 01:58:19.160]  I'll send you what I sent to you.
[01:58:19.160 --> 01:58:24.160]  Okay, that would be great, because we haven't done that, and yet the mess.
[01:58:24.160 --> 01:58:27.160]  That's when you introduce him to the deep end of the pool.
[01:58:27.160 --> 01:58:31.160]  Thank you, Francis, and I'm sorry we only had such a short time,
[01:58:31.160 --> 01:58:32.160]  but get that to me.
[01:58:32.160 --> 01:58:33.160]  I'll get you something.
[01:58:33.160 --> 01:58:37.160]  This is Randy Kelton, Deborah Stevens, we of La Radio.
[01:58:37.160 --> 01:58:42.160]  We'll be back tomorrow with our four-hour in full marathon.
[01:58:42.160 --> 01:58:45.160]  Thank you all for listening, and good night.
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