ROL_2014-04-25_16k_Hr1-2.timecode

[00:00.000 --> 00:07.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[00:07.000 --> 00:09.000]  Online at thelibertybeat.com.
[00:09.000 --> 00:14.000]  I'm Brian Hagan with your Liberty Beat for Friday, April 25th, 2014.
[00:14.000 --> 00:16.000]  Gold opened today, $1,302.
[00:16.000 --> 00:22.000]  Silver opened at $19.75, while Bitcoin is trading at $451.
[00:22.000 --> 00:25.000]  Support for the Liberty Beat comes from Bitmain Technology,
[00:25.000 --> 00:29.000]  creators of the Antminer S1 180 GigaHash Bitcoin Miner.
[00:29.000 --> 00:31.000]  No pre-order, ships on time.
[00:31.000 --> 00:32.000]  Sometimes it's early.
[00:32.000 --> 00:35.000]  Buy yours today at bitmaintech.com.
[00:35.000 --> 00:39.000]  Support also comes from Affordable Sound, CD and DVD duplication,
[00:39.000 --> 00:41.000]  along with posters and promotions materials.
[00:41.000 --> 00:47.000]  Online, affordablesound.com, or call up 512-459-5253.
[00:47.000 --> 00:53.000]  And support comes from Voice and Exit, maximizing human flourishing through radical innovation.
[00:53.000 --> 00:54.000]  Tickets on sale now.
[00:54.000 --> 00:57.000]  Get 10% off with promo code FREEDOM.
[00:57.000 --> 00:59.000]  It's June 21st at Austin Music Hall.
[00:59.000 --> 01:02.000]  Get yours at voiceandexit.com.
[01:02.000 --> 01:06.000]  In the news, sweeping changes regarding gun laws in two states this week.
[01:06.000 --> 01:09.000]  In Georgia, Governor Nathan Deal has signed legislation into law
[01:09.000 --> 01:13.000]  that will allow guns to be carried into bars, churches and government buildings.
[01:13.000 --> 01:18.000]  The Los Angeles Times reports the Safe Carry Protection Act takes effect July 1st.
[01:18.000 --> 01:22.000]  In Kansas, meanwhile, Governor Sam Brownback has signed into law legislation
[01:22.000 --> 01:26.000]  making it legal statewide to openly carry firearms.
[01:26.000 --> 01:29.000]  At the same time, the Associated Press reports the legislation
[01:29.000 --> 01:32.000]  strips local governments of their gun-regulating power.
[01:32.000 --> 01:36.000]  The change takes effect July 1st.
[01:36.000 --> 01:39.000]  Vermont is poised to become the first state to enact labeling for foods
[01:39.000 --> 01:42.000]  containing genetically modified organisms.
[01:42.000 --> 01:46.000]  On Wednesday, the Vermont House voted 114-30 in favor of the bill,
[01:46.000 --> 01:49.000]  while the State Senate approved the measure last week.
[01:49.000 --> 01:52.000]  The law also sets up a special defense fund to fight off expected lawsuits
[01:52.000 --> 01:56.000]  from food manufacturers and biotech companies like Monsanto.
[01:56.000 --> 02:01.000]  The measure is going to effect July 1st of 2016.
[02:01.000 --> 02:05.000]  Students in California will have their yearly standardized testing and reporting exam
[02:05.000 --> 02:10.000]  replaced by Common Core, a national curriculum backed by Obama's Education Department.
[02:10.000 --> 02:13.000]  Some educators are calling the new Common Core test confusing
[02:13.000 --> 02:15.000]  and developmentally inappropriate.
[02:15.000 --> 02:20.000]  Check out theLibertyBeat.com for the floor report to learn which states have banned the curriculum.
[02:20.000 --> 02:24.000]  Support for the Liberty Beat comes from Dorothy Erminger at Cap Star Lending.
[02:24.000 --> 02:27.000]  Dorothy can walk you through the ins and outs of buying a home.
[02:27.000 --> 02:36.000]  Give her a call 512-343-6494 or apply online. Call Dorothy.com and email us at 216-624.
[02:36.000 --> 02:40.000]  Support also comes from My Magic Mud, All Natural Teeth Whitener.
[02:40.000 --> 02:46.000]  Go to MyMagicMud.com to hear a short interview with Dr. Griffin Cole at MyMagicMud.com.
[02:46.000 --> 02:51.000]  And support comes from Brave New Books online at BraveNewBookstore.com.
[02:51.000 --> 02:56.000]  This is the Liberty Beat for Friday, April 25th, 2014.
[02:56.000 --> 03:19.000]  Visit the website at theLibertyBeat.com.
[03:27.000 --> 03:30.000]  Bad boys, bad boys, whatcha gonna do?
[03:30.000 --> 03:32.000]  Whatcha gonna do when they come for you?
[03:32.000 --> 03:35.000]  Bad boys, bad boys, whatcha gonna do?
[03:35.000 --> 03:38.000]  Whatcha gonna do when they come for you?
[03:38.000 --> 03:41.000]  When you were eight and you had bad traits
[03:41.000 --> 03:43.000]  You'd go to school and learn the golden rule
[03:43.000 --> 03:46.000]  So why are you acting like a bloody fool?
[03:46.000 --> 03:49.000]  If you get high then you must get cool
[03:49.000 --> 03:52.000]  Bad boys, bad boys, whatcha gonna do?
[03:52.000 --> 03:54.000]  Whatcha gonna do when they come for you?
[03:54.000 --> 03:57.000]  Bad boys, bad boys, whatcha gonna do?
[03:57.000 --> 04:00.000]  Whatcha gonna do when they come for you?
[04:00.000 --> 04:03.000]  You chuck it on that one, you chuck it on this one
[04:03.000 --> 04:06.000]  You chuck it on your mother and you chuck it on your father
[04:06.000 --> 04:08.000]  You chuck it on your brother and you chuck it on your sister
[04:08.000 --> 04:11.000]  You chuck it on that one and you chuck it on me
[04:11.000 --> 04:14.000]  Bad boys, bad boys, whatcha gonna do?
[04:14.000 --> 04:16.000]  Whatcha gonna do when they come for you?
[04:16.000 --> 04:19.000]  Bad boys, bad boys, whatcha gonna do?
[04:19.000 --> 04:22.000]  Whatcha gonna do when they come for you?
[04:22.000 --> 04:49.840]  bad boys what you gonna do what you gonna do when they come for you
[04:49.840 --> 04:51.940]  Good evening, everybody,
[04:51.940 --> 05:00.500]  is Joe Esquivel, Randy Kelton, Steve Skidmore, Deborah Stevens, Rule of Law Radio. Today is April
[05:00.500 --> 05:11.460]  25th, 2014. And we are here today bringing you a lot of interesting information.
[05:12.420 --> 05:19.060]  First and foremost, I am not an attorney. I'm a licensed private investigator licensed through
[05:19.060 --> 05:26.340]  Texas DPS, Department of Safety. And anything that is said on this radio show shall not be
[05:26.340 --> 05:32.980]  construed as legal opinion or legal advice. Never, never, never. And this is strictly my opinion.
[05:34.020 --> 05:40.420]  Or Steve's opinion. Let's say the views and opinions are those of the hosts and the callers.
[05:40.420 --> 05:45.700]  Correct. There you go. Something like that. So this is for your purely educational use only.
[05:45.700 --> 05:52.500]  And there's our disclaimer. So with that being said, Steve. Happy Friday, everybody. Happy Friday.
[05:54.820 --> 05:58.020]  I'd like to go over a few things that we were talking about and everybody's been
[05:58.820 --> 06:04.820]  lately been bringing up a lot. And the question, Steve, that I've been being asked
[06:04.820 --> 06:17.860]  God, hundreds of times. I keep being asked, Joe, what are the facts? And this is a generality
[06:17.860 --> 06:24.740]  question that you can be having a conversation with somebody and they'll out of the blue just say,
[06:24.740 --> 06:28.260]  so what are the facts? I'd say the facts are the statute.
[06:28.260 --> 06:34.340]  Well, the thing that I had and I start thinking about today more specifically is.
[06:34.340 --> 06:42.340]  Well, facts can be statute. Facts can be events. A fact in law would be, for example,
[06:43.620 --> 06:55.140]  UCC 9-312. That would be a fact in law. A fact as an event would be on or about March 27th,
[06:55.140 --> 07:01.940]  2004, so and so John Doe signed a negotiable instrument and security instrument.
[07:01.940 --> 07:06.500]  But that is a fact of a factual event. So now let's break it even deeper.
[07:08.340 --> 07:14.500]  One of the things that I see that we need to make a determination on is exactly
[07:15.460 --> 07:22.180]  what facts are you talking about? Okay. Are you talking about facts pertaining to
[07:22.180 --> 07:29.140]  securitization? Are you talking about facts pertaining to your loan? Are you talking about
[07:29.140 --> 07:34.420]  facts pertaining to the attempted foreclosure actions on the part of a third party?
[07:35.780 --> 07:43.140]  So what is it exactly that you're asking about? Because too many times we have listeners calling
[07:43.140 --> 07:50.820]  in and we have to get out the shovel and sift through all of the information trying to find.
[07:50.820 --> 07:51.780]  The facts.
[07:51.780 --> 07:57.780]  The facts. So I like how you started and you were saying what a fact is.
[07:57.780 --> 08:06.740]  So let's dive a little bit into specifically factual facts. What is a factual fact?
[08:07.700 --> 08:09.300]  Something that can be proven.
[08:10.260 --> 08:11.620]  How would we prove it?
[08:11.620 --> 08:13.300]  Depends on what we're talking about.
[08:13.300 --> 08:15.140]  Okay. Evidence then you're talking about.
[08:15.140 --> 08:16.100]  Evidence, yes.
[08:16.100 --> 08:22.260]  Because many times, Steve, we have parties that come to the court
[08:22.260 --> 08:28.180]  and it's stated many times and if you're looking into
[08:29.780 --> 08:36.660]  pleadings, if you're looking into a complaint where it says statement of facts
[08:38.260 --> 08:43.620]  and it gets kind of confusing as to what facts are being stated.
[08:43.620 --> 08:49.620]  Because what is to be stated and what is not being stated and what is being stated
[08:50.660 --> 08:52.180]  often gets convoluted.
[08:52.180 --> 08:52.980]  Always.
[08:53.940 --> 08:56.820]  So I think we need to like start from the beginning.
[08:56.820 --> 09:04.260]  Keep in mind, attorneys are wordsmiths. They will twist the facts. It may still be factual,
[09:04.260 --> 09:10.980]  but they may omit an element of the fact or they may add a non-existence element to it.
[09:10.980 --> 09:14.900]  Or they may add a non-existence element to a fact
[09:14.900 --> 09:17.940]  to give the perception of a fact when in fact, it's not a fact.
[09:18.660 --> 09:21.540]  So a fact is a true statement, correct?
[09:21.540 --> 09:21.940]  Correct.
[09:22.980 --> 09:32.020]  That can be evidenced by a statute.
[09:32.660 --> 09:32.900]  Okay.
[09:33.620 --> 09:35.780]  Can be evidenced by a statement.
[09:37.060 --> 09:39.060]  Can be evidenced by a citation.
[09:39.060 --> 09:41.140]  Let me stop at statement.
[09:42.660 --> 09:48.340]  A statement could be a statement by an appellate or Supreme Court.
[09:48.340 --> 09:51.060]  That would not be a fact. That would be a conclusion.
[09:52.580 --> 09:57.140]  When you go to court and you get a ruling that is not in your favor,
[09:57.140 --> 10:01.620]  you might ask the court for a finding of facts and conclusions.
[10:01.620 --> 10:07.780]  What you're asking the court to do is what law did you use to base your opinion
[10:07.780 --> 10:12.100]  and what case law do you have to back up your opinion?
[10:13.220 --> 10:17.860]  The court will issue a finding of facts and conclusions,
[10:19.380 --> 10:22.180]  giving you the statute upon which the judge ruled
[10:23.540 --> 10:28.660]  and appellate or Supreme Court case law to back up his decision.
[10:29.940 --> 10:32.580]  And that's very important because what I'm seeing, Steve,
[10:32.580 --> 10:36.980]  you and I both have had our share of complaints to look at,
[10:37.700 --> 10:40.500]  motions to dismiss, motion for summary judgment.
[10:41.780 --> 10:44.500]  And when I look in there at the facts,
[10:46.500 --> 10:50.260]  many times what I'm looking at are not facts.
[10:50.260 --> 10:53.220]  Many times what I'm looking at are hearsay claims.
[10:54.500 --> 10:56.260]  Now, these are allegations-
[10:56.260 --> 10:57.220]  Give an example.
[10:57.220 --> 11:00.820]  Bank of America wronged me. Okay.
[11:00.820 --> 11:04.820]  There was a wrongful foreclosure. Or Fannie Mae owns my note.
[11:05.540 --> 11:06.580]  Correct. Okay.
[11:06.580 --> 11:09.940]  My note was securitized. There you go.
[11:10.500 --> 11:17.220]  Right, so many times, and it works on both sides. It works on the part of the bank
[11:18.180 --> 11:24.260]  where the bank says, I am a holder, or I represent the bank.
[11:24.260 --> 11:28.660]  I am a holder, or I represent the holder of the note.
[11:30.340 --> 11:33.860]  I represent the beneficiary of the note.
[11:33.860 --> 11:37.860]  When in fact, conclusions have not been given,
[11:40.100 --> 11:44.020]  facts and evidence has not been given to support this claim.
[11:44.820 --> 11:52.020]  Well, they're coming to the court putting themselves forth as a secured party creditor.
[11:52.020 --> 11:58.580]  Okay, so let's take that. So if they're coming forth as a secured party creditor,
[11:59.780 --> 12:02.340]  is that a factual claim? Is that a hearsay claim?
[12:02.340 --> 12:04.980]  That's a hearsay claim, because that now has to be proven.
[12:06.660 --> 12:16.020]  What precisely is a secured party creditor, and how do you fit precisely into that definition?
[12:16.020 --> 12:22.500]  Well, a secured party creditor would be someone who has-
[12:23.220 --> 12:25.860]  Wait, that was rhetorical.
[12:25.860 --> 12:33.140]  Okay, but I'm treating it as a real question, because there is remedy behind that question.
[12:35.140 --> 12:40.980]  If they're claiming to be a secured party creditor, they're claiming to have a security interest
[12:40.980 --> 12:48.820]  in- They're not going to say what they- They're going to say they have a security interest
[12:48.820 --> 12:57.940]  in the loan. What they're actually saying is that they have a partial interest as a partial assignee
[12:57.940 --> 13:04.100]  in the intangible revenue stream that used to be attached to the tangible instrument.
[13:04.100 --> 13:07.940]  I know it's kind of confusing, but that's what archives are for.
[13:07.940 --> 13:14.420]  Now that they've come to court with this claim, keep in mind the onus probandi,
[13:14.420 --> 13:20.340]  a.k.a. burden of proof, lies or rests squarely on the shoulders of the claimant.
[13:21.060 --> 13:26.740]  You come to court claiming to have a security interest in a loan. Prove it.
[13:28.420 --> 13:33.700]  Joseph R. Esquivel Jr., as a licensed and bonded private investigator,
[13:33.700 --> 13:42.100]  has provided me evidence in the form of a verified affidavit or a sworn affidavit to the contrary
[13:42.100 --> 13:52.020]  to your claim. And that's the difference, because so many times allegations are being made.
[13:52.020 --> 13:59.140]  And when the allegations are being made, Steve, the courts are looking and ruling
[13:59.140 --> 14:08.020]  on the allegations that are made. They're not looking at what is actually being pleaded.
[14:08.980 --> 14:15.540]  Because what is actually being pleaded is only half finished. So half finished
[14:16.180 --> 14:18.260]  does not get you a winning court.
[14:20.260 --> 14:22.500]  A half truth is a whole lie.
[14:22.500 --> 14:29.780]  A half truth is a whole lie. Correct. So what I've seen a lot of times is that
[14:31.700 --> 14:39.860]  they will make claims when I say they, both sides, the bank and the defendant makes claims.
[14:40.580 --> 14:46.980]  And the vast majority of the time, unless these claims can be proven up,
[14:46.980 --> 14:55.700]  the party that does not disprove it, the party that just says, oh, they say that they own this.
[14:56.260 --> 14:59.860]  I guess it's so. Where-
[14:59.860 --> 15:06.180]  The judge is gonna take their word for it, unless you jump up and object and offer counter.
[15:06.980 --> 15:14.180]  Correct. And I see that so many times, whenever an answer is given, there must be a reply.
[15:14.180 --> 15:21.220]  Right. And to then to that reply, there must be a reply. It's like playing badminton.
[15:21.220 --> 15:25.220]  Yep. You need to just keep volleying that back and forth.
[15:25.220 --> 15:31.300]  Until the birdie hits the ground. Right. And your job is not to let it hit the ground.
[15:31.300 --> 15:34.820]  There you go. Okay, so-
[15:34.820 --> 15:37.140]  Back to the facts. Back to the facts.
[15:37.140 --> 15:46.180]  Back to the facts. So one of the things that we need to make a determination is where is it
[15:48.420 --> 15:52.340]  that the party that is asking for these facts is intending to go?
[15:54.100 --> 16:02.740]  What is it that you are looking for? What part or what role do you play in this foreclosure process?
[16:02.740 --> 16:10.580]  And many times, people don't have an understanding as to where they are in the process.
[16:12.740 --> 16:21.140]  Am I on offense? Am I on defense? You know, if I'm on defense, what are my defenses?
[16:22.020 --> 16:24.100]  Affirmative defenses. Affirmative defenses.
[16:24.100 --> 16:28.260]  Gotta have affirmative defenses. So I'd like to talk about facts tonight.
[16:28.260 --> 16:35.060]  I'd like to get calls in, and we're taking callers at 512-646-1984.
[16:35.940 --> 16:41.940]  I'd like to hear some questions regarding any questions or comments on facts.
[16:43.460 --> 16:47.460]  And again, this is Joe Esquivel, Randy Kelton, Steve Skidmore.
[16:47.460 --> 16:49.700]  Debra Stevens. Debra Stevens in the background.
[16:49.700 --> 16:55.140]  Hanging out there in the background. And folks, we'll be right back, right after the break.
[16:55.140 --> 16:59.220]  Stay tuned. Through advances in technology,
[16:59.220 --> 17:03.380]  our lives have greatly improved, except in the area of nutrition.
[17:03.380 --> 17:08.260]  People feed their pets better than they feed themselves, and it's time we changed all that.
[17:08.260 --> 17:14.500]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[17:14.500 --> 17:19.220]  In a world where natural foods have been irradiated, adulterated, and mutilated,
[17:19.220 --> 17:25.540]  young Jevity can provide the nutrients you need. Logos Radio Network gets many requests to endorse
[17:25.540 --> 17:31.380]  all sorts of products, most of which we reject. We have come to trust young Jevity so much,
[17:31.380 --> 17:36.980]  we became a marketing distributor along with Alex Jones, Ben Fuchs, and many others.
[17:36.980 --> 17:43.700]  When you order from logosradionetwork.com, your health will improve as you help support quality
[17:43.700 --> 17:50.020]  radio. As you realize the benefits of young Jevity, you may want to join us. As a distributor,
[17:50.020 --> 17:55.620]  you can experience improved health, help your friends and family, and increase your income.
[17:55.620 --> 17:59.620]  Order now. Are you being harassed by debt collectors
[17:59.620 --> 18:04.900]  with phone calls, letters, or even losses? Stop debt collectors now with the Michael
[18:04.900 --> 18:10.020]  Miras proven method. Michael Miras has won six cases in federal court against debt collectors,
[18:10.020 --> 18:15.140]  and now you can win too. You'll get step-by-step instructions in plain English on how to win in
[18:15.140 --> 18:20.980]  court using federal civil rights statutes, what to do when contacted by phones, mail, or court
[18:20.980 --> 18:25.620]  summons, how to answer letters and phone calls, how to get debt collectors out of your credit
[18:25.620 --> 18:31.380]  report, how to turn the financial tables on them and make them pay you to go away. The Michael
[18:31.380 --> 18:36.740]  Miras proven method is the solution for how to stop debt collectors. Personal consultation
[18:36.740 --> 18:42.020]  is available as well. For more information, please visit ruleoflawradio.com and click on
[18:42.020 --> 18:49.460]  the blue Michael Miras banner or email michaelmiras.yahoo.com. That's ruleoflawradio.com or email
[18:49.460 --> 19:10.820]  michaelmiras.yahoo.com to learn how to stop debt collectors now.
[19:19.460 --> 19:40.500]  Hello, everyone. This is Joe Westfogel, Randy Kelton, Steve Skidmore, Deborah Stevens coming
[19:40.500 --> 19:46.900]  back at your Rule of Law Radio. So we've been going over facts tonight, and we're just diving
[19:46.900 --> 19:53.940]  a little bit into the waters as to the different types of facts. What facts is it that we're
[19:53.940 --> 19:58.260]  looking at? We're just in the shallow end of the pool right now. Right, we're at the shallow end,
[19:58.260 --> 20:06.740]  but we need to get ready because before you go out into the deep end, we need to make a determination.
[20:09.140 --> 20:13.700]  What facts is it that we want to address? What facts are pertinent to your case?
[20:13.700 --> 20:17.860]  Do I have a case? That would be based on the facts.
[20:19.460 --> 20:28.980]  So maybe getting out a piece of paper and looking at it and writing down 4 a.m. today
[20:30.740 --> 20:37.860]  versus where is it that I'm looking? Where am I starting at? Where am I at? And where is it I
[20:37.860 --> 20:46.900]  want to be? Now, Joe, when you say facts, there's different places you use facts. You use facts
[20:46.900 --> 20:56.580]  in your motions, pleadings, answers, responses, and you use facts in oral deposition, testimony,
[20:57.380 --> 21:02.900]  and in arguments in court. They are relatively the same.
[21:02.900 --> 21:10.020]  When you say relatively, are they the same? The basic facts will be the same. You're going
[21:10.020 --> 21:19.540]  to put the bones of the facts in your motions or pleadings. You're going to elaborate on that.
[21:19.540 --> 21:27.540]  You will put the flesh on the bones in oral argument. Okay. Now, when I put the bone on
[21:27.540 --> 21:35.540]  the argument of these facts, are these the only facts that I need to bring?
[21:35.540 --> 21:41.540]  You need to bring all pertinent facts. Oh, no. Can I step in?
[21:41.540 --> 21:48.500]  No, not yet. Ambush litigation is not allowed in civil. Yeah, ambush litigation is not allowed
[21:48.500 --> 21:54.180]  in civil cases. Because one of the things that I have seen, and I have to agree with you,
[21:54.180 --> 22:02.340]  when you're going in, in my opinion, to bring in everything, including the kitchen sink,
[22:02.340 --> 22:12.820]  because should you decide not to bring everything in, all right, you may not have another shot at
[22:12.820 --> 22:18.180]  this. You may say, well, you know what, Steve, I think I'm going to hold back on this and
[22:18.180 --> 22:24.340]  I'll show this later. Whatever it is that you hold back on, Joe, is not going to be allowed on
[22:24.340 --> 22:34.340]  appeal. Correct. Pursuant to res judicata, and what is res judicata? Law established in a specific
[22:34.340 --> 22:42.580]  case. Pertaining to specific facts, pertaining to a specific issue.
[22:42.580 --> 22:49.300]  Pertaining to a specific issue. Well, if you, okay, res judicata, let's say you go to
[22:52.500 --> 22:57.380]  an eviction hearing. Okay. The judge politely hands you your backside.
[22:58.740 --> 23:06.420]  Now you're going to appeal. You go into a court of record this time. That judge hands you your
[23:06.420 --> 23:14.900]  backside. You think both the judges are lunatics. So you're going to appeal that and take it to the
[23:14.900 --> 23:23.060]  appellate level. Once you get to the appellate level, everything changes. You're not going to
[23:23.060 --> 23:31.060]  bring in anything that was not brought into the trial court. So like Joe says, bring the kitchen
[23:31.060 --> 23:37.940]  sink, the plumbing, bring the water in a bucket if you have to, but bring it all.
[23:37.940 --> 23:45.540]  And I have seen that firsthand in court where the court had asked the defendant,
[23:46.740 --> 23:55.460]  was this an issue that was brought forth at an earlier time? And then before the defendant could
[23:55.460 --> 24:03.540]  get out the answer, the judge further stated, and if you did not bring forth this issue
[24:04.980 --> 24:10.020]  at a prior time, why did you not bring forth the issue?
[24:10.580 --> 24:12.580]  I kind of got off track there. Okay.
[24:12.580 --> 24:18.340]  When you go to the appellate level, the opposing counsel will say, your honor,
[24:18.340 --> 24:23.060]  we have res judicata here. We've already got two decisions from trial courts.
[24:23.060 --> 24:31.220]  That's his res, he's using res judicata. That is that you've got two judgments in that specific case.
[24:32.500 --> 24:38.820]  Now, when you're talking about judgments in other cases, that's case law, not res judicata.
[24:38.820 --> 24:48.260]  Correct. Okay. That's the only case that you can bring up where the other side has been ruled
[24:48.260 --> 24:56.980]  against on this particular issue in another case. And that can be res judicata, goes to collateral
[24:56.980 --> 25:04.020]  estoppel. So long as it's the same party? No, we have the same party. Like I had a client
[25:04.020 --> 25:12.740]  that Deutsche Bank was sued by Chase over a group of loans in the pool. And Deutsche Bank said,
[25:12.740 --> 25:15.620]  well, we don't have, went to the court and said, we don't have anything to do with those.
[25:15.620 --> 25:23.220]  Those notes. Well, this client's note was in that pool. Then they came to foreclose on the
[25:23.220 --> 25:27.860]  client. She went to the court and said, hold on here. They've already stated in another court
[25:28.740 --> 25:32.340]  that they don't have anything to do with this. They can't come to this court now
[25:32.900 --> 25:40.100]  and say they do. That's collateral estoppel. So res judicata, even in another case,
[25:40.100 --> 25:46.020]  if it's the same issue, once it's been ruled against, it's already adjudicated. It's res
[25:46.020 --> 25:51.860]  judicata. You can't bring it back here and try to get another bite at that apple. And that's why
[25:51.860 --> 25:59.540]  when you put your facts before the court, you know, the only thing the court of appeals can rule on
[26:00.340 --> 26:08.260]  are the facts that were, that the trial judge determined and allowed into the res judicata.
[26:08.260 --> 26:14.100]  Determined and allowed into the record and the law you brought to the court
[26:14.820 --> 26:19.460]  as it applies to those facts. That's the only thing the appeals court cares about.
[26:20.420 --> 26:28.660]  They do not care about your opinions. And this is why, Randy, they may hurt your feelings,
[26:28.660 --> 26:38.500]  but Randy, I've seen this so many, many times where I'll see, I've seen attorneys as well
[26:39.140 --> 26:46.340]  as pro se litigants say, Joe, you know what? I don't need to show my hand. They think they're
[26:46.340 --> 26:57.140]  playing poker. But if you do not use all the cards in your hand, the other party, if they go out,
[26:57.140 --> 27:03.620]  you're screwed. You're stuck with those cards that you have dealt to you. And you may not be
[27:03.620 --> 27:10.420]  able to use them again. This isn't like goldfish where I'm going to hold the cards up and say,
[27:10.420 --> 27:15.460]  okay, Steve, pick three. And then when Steve goes to pick them, I'm going to say, you know what?
[27:15.460 --> 27:19.380]  I don't like the ones you picked. Give me them back. I'm going to give you these three to take.
[27:19.380 --> 27:27.780]  So facts are very, very important as to understanding what facts you're talking about.
[27:29.620 --> 27:33.140]  If you're going to be talking about facts pertaining to securitization,
[27:34.980 --> 27:39.460]  you know, are we talking about the facts pertaining to securitization in general
[27:40.580 --> 27:44.180]  as to what was to be done, what was done, what was not done?
[27:44.180 --> 27:52.740]  Are we talking about facts pertaining to your loan with specific detail as to your loan?
[27:53.540 --> 28:01.460]  Are we talking to facts in regards to actions taken by your bank or the bank servicer?
[28:02.900 --> 28:11.300]  And this is where we really need to hone in on every fact because there's just too much
[28:11.300 --> 28:20.340]  generalization out there, Steve. And if we don't hone in, if we don't just break it down
[28:20.340 --> 28:22.900]  into bite-sized pieces, pretend we're going to eat an elephant.
[28:22.900 --> 28:28.340]  You can't be general with your facts. You've got to be specific with your facts. For example,
[28:28.340 --> 28:38.660]  facts of law. You can't just say, well, the UCC says, you've got to be specific. UCC 3-203D says.
[28:38.660 --> 28:44.660]  And then you must be more specific because if you're in a state court,
[28:44.660 --> 28:49.940]  they don't want to hear federal law. They want to hear Texas Business Commerce Code.
[28:49.940 --> 28:53.300]  Right. If we're in Arizona, Title 47.
[28:53.300 --> 28:59.220]  Caveat. If you're in federal court, the federal UCC. If you're in state court, state equivalent.
[28:59.220 --> 29:05.780]  So in other words, if I'm going to file a federal case, then I need to have facts that would pertain
[29:05.780 --> 29:18.660]  to federal law. Facts that pertain to federal requirements, federal rules of procedure.
[29:18.660 --> 29:24.820]  Oh, and if you go to the security instrument, might as well put your state laws in there too.
[29:25.380 --> 29:28.900]  State and local law. So facts are very important, people.
[29:28.900 --> 29:35.700]  So I see we are starting to get a few phone calls. So when we come back after break.
[29:35.700 --> 29:37.540]  Yeah, we're fixing to go out.
[29:37.540 --> 29:41.540]  Yes. We're going to be taking your phone calls.
[29:41.540 --> 29:50.100]  512-646-1984 is the number to dial to get in line. I see we've got Leslie in Pennsylvania. Leslie
[29:50.100 --> 29:54.740]  will be with you right after this break. Folks, while we're on the break, go by Rule of Law Radio
[29:54.740 --> 29:58.820]  and Logos Radio, and please take care of our sponsors. You take care of our sponsors, you take
[29:58.820 --> 30:05.140]  care of us. The Ten Commandments are a cornerstone of Judaism, Islam, and Christianity. If you're an
[30:05.140 --> 30:09.780]  educated person, you should probably know them, regardless of your religion. I'm Dr. Catherine
[30:09.780 --> 30:13.620]  Albrecht, and I'll be right back with a tip to help you remember one of the Ten Commandments.
[30:14.580 --> 30:20.180]  Your search engine is watching you, recording all your searches, and creating a massive database
[30:20.180 --> 30:26.180]  of your personal information. That's creepy, but it doesn't have to be that way. Startpage.com is
[30:26.180 --> 30:31.060]  the world's most private search engine. Startpage doesn't store your IP address, make a record of
[30:31.060 --> 30:35.220]  your searches, or use tracking cookies, and they're third-party certified. If you don't
[30:35.220 --> 30:41.460]  like Big Brother spying on you, start over with Startpage. Great search results and total privacy.
[30:41.460 --> 30:45.060]  Startpage.com, the world's most private search engine.
[30:45.060 --> 30:49.460]  When I want to remember the Seventh Commandment, I think of the number seven, and the number seven
[30:49.460 --> 30:55.540]  reminds me of Marilyn Monroe's classic film, The Seven Year Itch. The movie explores sexual attraction,
[30:55.540 --> 31:00.340]  marital fidelity, and the tendency for married folks' attention to wander about seven years
[31:00.340 --> 31:05.220]  into a marriage. It's this kind of carnal temptation the Seventh Commandment addresses.
[31:05.220 --> 31:10.500]  The Bible says, Thou shalt not commit adultery. The Ten Commandments have probably inspired more
[31:10.500 --> 31:15.780]  commitment and controversy than any other moral code. The next time they come up in conversation,
[31:15.780 --> 31:20.340]  you'll remember the Seventh Commandment admonishes us to remain faithful to our spouses,
[31:20.340 --> 31:25.060]  despite a seven-year itch or a physical temptation. I'm Dr. Catherine Albrecht.
[31:25.060 --> 31:49.460]  More news and information at CatherineAlbrecht.com.
[31:55.060 --> 31:59.860]  888-910-4367. Open at mqsa.org.
[32:25.460 --> 32:29.460]  Former Sheriff's Deputy A. Craig, in conjunction with Rule of Law Radio, has put together the most
[32:29.460 --> 32:33.540]  comprehensive teaching tool available that will help you understand what due process is and how
[32:33.540 --> 32:37.620]  to hold courts to the rule of law. You can get your own copy of this invaluable material by going
[32:37.620 --> 32:42.340]  to ruleoflawradio.com and ordering your copy today. By ordering now, you'll receive a copy of Eddie's
[32:42.340 --> 32:47.060]  book, The Texas Transportation Code, The Law Versus the Lie, video and audio of the original 2009
[32:47.060 --> 32:51.300]  seminar, hundreds of research documents, and other useful resource material. Learn how to fight for
[32:51.300 --> 32:55.540]  your rights with the help of this material from ruleoflawradio.com. Order your copy today and
[32:55.540 --> 33:05.620]  together we can have the free society we all want and deserve. You're listening to the Logos Radio
[33:05.620 --> 33:21.620]  Network at logosradionetwork.com. Yeah, I got a warrant and I'm gonna solve them to the government
[33:21.620 --> 33:36.020]  them prosecute them okay okay this is rule law radio Joe Esquivel, Steve Skidmore, Randy Kelton,
[33:36.020 --> 33:41.940]  Deborah Stevens coming at you and the whole crew the whole crew so we're looking at our call board
[33:41.940 --> 33:52.500]  I see we got Leslie on there okay Leslie are you there yes I am okay I see that you're uh you were
[33:53.060 --> 33:58.500]  it's a you were denied a summary judgment action based on the transfer of the security interest
[33:59.060 --> 34:04.820]  so you filed first I think MERS was no no hold on hold on was a MERS that was filed this is not
[34:04.820 --> 34:15.380]  Leslie's case this is the this is Montgomery County clerk at Leslie's plotting is kicking
[34:15.380 --> 34:23.620]  behind isn't that right Leslie yeah all right okay so this is this is your case that we're
[34:23.620 --> 34:31.220]  looking at well no it's the Montgomery County uh uh Montgomery County Pennsylvania versus uh
[34:31.220 --> 34:41.380]  uh oh yeah versus uh MERS court the clerk sued MERS yes the clerk is the clerk's
[34:44.580 --> 34:50.900]  Leslie put her up to it in in Pennsylvania it's oh it's a crime not to file will you explain how
[34:50.900 --> 34:59.380]  that okay yes uh in in Pennsylvania there's a law that says that everything must be recorded within
[34:59.380 --> 35:07.780]  90 days if it's a deed and they do give you an extra leeway like I think it's an additional 90
[35:07.780 --> 35:14.980]  days if uh if it's an assignment or or something like that but a mortgage has to be filed within
[35:14.980 --> 35:26.260]  six weeks preferably of the closing at the back end yes okay and if it is we're not filing
[35:26.260 --> 35:32.980]  it say it again Leslie if if you don't do that it's fraudulent and void
[35:35.540 --> 35:38.900]  isn't it didn't you say earlier that it was a crime not to file
[35:40.100 --> 35:47.700]  there is another law on the books in in another section that they're not even allowed to file it
[35:47.700 --> 35:53.140]  if it doesn't have a certification of the address of the party with the beneficial interest
[35:53.140 --> 36:04.740]  oh yeah it's it's actually it's code 1976 30-7-10 validity of conveyances liens and other transactions
[36:05.380 --> 36:12.260]  to subsequent purchasers and creditors that's one you're talking about no no no it's 21 no
[36:12.260 --> 36:23.060]  Pennsylvania statutes 625 Pennsylvania statute 625 okay so that's under the assignments with that
[36:23.060 --> 36:30.340]  that's general statutes yeah the Pennsylvania general not the consolidate okay they have three
[36:30.340 --> 36:36.180]  different books of law here oh wait listen listen try to keep closer to your mic you're fading in
[36:36.180 --> 36:42.500]  and out okay they have three different books of law in Pennsylvania they have the Pennsylvania
[36:43.700 --> 36:48.580]  they have the Pennsylvania consolidated statutes and then they have the Pennsylvania statutes
[36:49.140 --> 36:56.740]  now under title 21 of the Pennsylvania statutes section 625 it instructs the recorder of deeds
[36:56.740 --> 37:04.580]  to return for filing that they are not to file it and unless it is certified with the address
[37:04.580 --> 37:12.420]  of the beneficial party and it details the reasons behind that and they can charge them five dollars
[37:12.420 --> 37:22.980]  for every time they have to do that well they in in this in this case and with them that MERS has
[37:22.980 --> 37:29.540]  against them in Pennsylvania first she filed and they said well she doesn't have standing because
[37:29.540 --> 37:40.260]  she's not a property owner and that the 351 that there that she was quoting of the title 21 doesn't
[37:40.820 --> 37:46.820]  doesn't apply that it doesn't mean that that it must be filed well the court came back and said
[37:46.820 --> 37:51.700]  not only does she have standing but anybody to have any interest of any kind in a property can
[37:51.700 --> 38:00.660]  file for a quiet place they don't have to be the property owner and they said that she has standing
[38:00.660 --> 38:06.980]  because she would be at the feet if they were recording me and they're wrecking the uh what
[38:06.980 --> 38:13.300]  do you call it the they're wrecking the records by yeah they're they're compromising the integrity
[38:13.300 --> 38:19.380]  of the public records yes and they're compromising the integrity and so she has standing to file for
[38:19.380 --> 38:25.540]  a quiet title and that's her job her job is to keep the integrity of the public record that's
[38:25.540 --> 38:35.140]  the clerk's sole purpose and so then they said that the uh that subsection three 351 did absolutely
[38:35.140 --> 38:43.780]  mean that everything has to be recorded and timely well then uh they filed an answer to the complaint
[38:43.780 --> 38:48.500]  and then she filed a motion for clay a faction and they came back and they said oh you can't
[38:48.500 --> 38:54.180]  have a clear faction there's but he said nope all of the people all the recorders of deeds have the
[38:54.180 --> 39:01.140]  same exact problem and it will be very simple to figure out whatever dins preferences there is
[39:01.140 --> 39:09.380]  it's only in the amount not in the damage right so anyway so they came back and they lost that one
[39:09.380 --> 39:15.300]  that was that was only a month ago this yeah leslie hang on just a second you'd mentioned
[39:15.300 --> 39:26.420]  uh 21 uh 21 pa stat uh 351 i'm on google scholar reading the the uh the results of the case
[39:27.060 --> 39:33.780]  it says here uh statute appears under the heading necessity of recording compulsory recording
[39:34.500 --> 39:40.900]  or and compulsory recording the statutory command is therefore quite clear quote all dot dot dot
[39:40.900 --> 39:47.700]  conveyances dot dot dot shall be recorded in the relevant office for the recording of deeds end
[39:47.700 --> 39:55.940]  quote pa stat section 351 the defendant none nonetheless defendants nonetheless argue that
[39:55.940 --> 40:04.580]  the statute makes the recording uh permissive at the election of the party and merely dictates
[40:04.580 --> 40:12.420]  the location where a party who elects to record must do so if he or she elects to record the
[40:12.420 --> 40:21.860]  conveyance that's what it means if you define shall as may might or can if you want to
[40:23.540 --> 40:29.540]  uh well here in texas uh the texas government code and i'm i'm sure in in many other states
[40:29.540 --> 40:38.980]  codes the word shall imposes a duty that's exactly right yes you must so after last week
[40:38.980 --> 40:47.300]  after they had uh the last month or so they had filed after they got their decision for a um what
[40:47.300 --> 40:52.980]  do you call it class action and in between that time that they got the first decision saying
[40:52.980 --> 41:01.140]  we're not going to dismiss the case they answered the the complaint and then she got her uh class
[41:01.140 --> 41:09.140]  action certified and then they put in for a motion for summary judgment and you know what they think
[41:09.780 --> 41:16.900]  they think that they're exempt they think it's unconstitutional and vague as it applies to them
[41:16.900 --> 41:25.140]  guess what the court threw that out they said good it's denied good what rabbit they're going
[41:25.140 --> 41:33.220]  to pull out of a hat to win this i don't know that there's a rabbit in that hat you see you
[41:33.220 --> 41:39.540]  have res judicata that's what we were talking about earlier honey you've got res judicata
[41:39.540 --> 41:46.180]  earlier honey you've got res judicata absolutely they can't lose i mean they can't win this one i
[41:46.180 --> 41:53.780]  don't see how they can win this one keep in keep in mind google scholar only puts up appellate
[41:53.780 --> 41:59.860]  and supreme court decisions and this is from the supreme court correct um the united states
[41:59.860 --> 42:05.300]  district oh this is a u.s district court okay Philadelphia court this is the one that runs all
[42:05.300 --> 42:13.540]  the the other career racket yes ma'am so uh yeah and it looks like she's going to win
[42:14.660 --> 42:20.180]  i don't think she can lose on this one i'm sure glad you put her up to it how did you do that how
[42:20.180 --> 42:27.540]  did you get the clerk to to move on this article in the paper that that when they when the different
[42:27.540 --> 42:31.940]  recorders the one in massachusetts and the one in was it in virginia or north carolina
[42:31.940 --> 42:38.260]  were saying that it was wrong and they shouldn't do it and they were getting ready to sue and then
[42:38.260 --> 42:43.780]  she gets up and she starts saying this is wrong they have really screwed us up and this is you
[42:43.780 --> 42:48.740]  know she was she was doing public speaking on this and i i read the report i gave her a phone call i
[42:48.740 --> 42:57.060]  said you know what you should do yeah i said you know there's there's laws on the books they have
[42:57.060 --> 43:02.740]  to record it and i gave her that not only that there was case law there was fisher v advantage
[43:03.460 --> 43:10.340]  and in that it was a bankruptcy case and actually that the thing was that they never they didn't
[43:10.340 --> 43:18.500]  record the the thing in time they recorded it like 100 days out instead of the 90 days out or
[43:18.500 --> 43:22.980]  whatever it was they just didn't record it timely and they threw it out they said no she don't have
[43:22.980 --> 43:30.020]  to pay it the bankruptcy court said that and fill it off you interesting very interesting leslie we're
[43:30.020 --> 43:35.940]  going to break honey if you'll stay there we'll bring you back on the other side um this is very
[43:35.940 --> 43:42.660]  interesting and folks pay very close attention because leslie seems to have found a key that
[43:42.660 --> 43:49.060]  fits the lock here that's why i asked you how did you get this done folks five one two six four six
[43:49.060 --> 43:56.340]  1984 is the number to dial we'll be right back after these brief messages stay tuned i went out
[43:56.340 --> 44:06.260]  a little early we'll be right back hello my name is steward smith from naturespureorganics.com and
[44:06.260 --> 44:11.700]  i would like to invite you to come by our store at 1904 guadalupe street suite d here in austin
[44:11.700 --> 44:16.180]  texas i'm brave new books and chase paint to see all our fantastic health and wellness products
[44:16.180 --> 44:20.980]  with your very own eyes have a look at our miracle healing clay that started our adventure in
[44:20.980 --> 44:25.700]  alternative medicine take a peek at some of our other wonderful products including our australian
[44:25.700 --> 44:33.860]  emu oil lotion candles olive oil soaps and colloidal silver and gold call 512-264-4043
[44:33.860 --> 44:43.060]  or find us online at naturespureorganics.com that's 512-264-4043 naturespureorganics.com don't
[44:43.060 --> 44:48.820]  forget to like us on facebook for information on events and our products naturespureorganics.com
[45:01.060 --> 45:06.180]  are you the plaintiff or defendant in a lawsuit win your case without an attorney with
[45:06.180 --> 45:13.860]  jurisdictionary the affordable easy to understand 4 cd course that will show you how in 24 hours
[45:13.860 --> 45:20.740]  step by step if you have a lawyer know what your lawyer should be doing if you don't have a lawyer
[45:20.740 --> 45:26.580]  know what you should do for yourself thousands have won with our step by step course and now
[45:26.580 --> 45:33.140]  you can too jurisdictionary was created by a licensed attorney with 22 years of case winning
[45:33.140 --> 45:38.900]  experience even if you're not in a lawsuit you can learn what everyone should understand
[45:38.900 --> 45:44.580]  about the principles and practices that control our american courts you'll receive our audio
[45:44.580 --> 45:53.060]  classroom video seminar tutorials forms for civil cases pro se tactics and much more please visit
[45:53.060 --> 46:03.940]  ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ
[46:23.060 --> 46:33.380]  yeah always i must be careful what i'm wishing for when i'm hungry i'd like to know just what
[46:33.380 --> 46:42.340]  i'm fishing for i ain't asking for much i ain't trying to be no blood welcome back to rule of law
[46:42.340 --> 46:49.620]  radio folks now we started off the the show talking about facts and leslie in pennsylvania
[46:49.620 --> 46:55.460]  what i went out on the break just trying to get people to pay very very close attention there's
[46:55.460 --> 47:01.060]  some there's some compelling facts about this number one this is in a united states
[47:01.060 --> 47:07.940]  district court so this can be used as uh case law in all 50 states in the federal venue
[47:08.980 --> 47:16.260]  now what happened from what i'm hearing from leslie bless your heart dear you're doing some
[47:16.260 --> 47:23.860]  good stuff out there what leslie did was she took the facts to the clerk the clerk verified the
[47:23.860 --> 47:30.260]  facts once the facts were verified she took off on her own tangent that's exactly what we're
[47:30.260 --> 47:36.660]  talking about you've got to give the facts i'd like to make a little comment here sure
[47:36.660 --> 47:45.780]  the bankruptcy court made the ruling based on pennsylvania law the pennsylvania law requires
[47:45.780 --> 47:54.180]  the filing statutorily correct craig watkins sued murrs here in texas craig watkins is the
[47:54.180 --> 48:00.180]  dallas county district attorney and the courts through this through the suit out is frivolous
[48:00.180 --> 48:06.100]  the suit out is frivolous because in texas you are not required to file
[48:08.260 --> 48:14.260]  and in murrs in their brief said but they're not required to file now if you don't file
[48:14.900 --> 48:18.900]  you may not have a perfected claim but there was no requirement to file
[48:19.540 --> 48:26.020]  so texas is a free state you're free to screw yourself if you want to absolutely yeah okay so
[48:26.020 --> 48:32.260]  then well so they can't be applied to all of the states i don't know about the other commonwealth
[48:32.260 --> 48:37.860]  states but they may be the same way well though it may not be against the law in sister states
[48:38.420 --> 48:43.460]  what it does okay it may not be a violation but what it does is it creates a fatal flaw
[48:45.300 --> 48:51.460]  well we've got states that have statutes pertaining to recordation we have states that do not
[48:51.460 --> 48:58.500]  have statutes on the books pertaining to recordation with specifically wait a minute are you saying
[48:59.140 --> 49:07.380]  that not all states have statutes at all on recordation or not all states specifically
[49:07.380 --> 49:17.380]  statutorily require recordation the second not all states specifically specify with specificity
[49:17.380 --> 49:24.260]  with specificity to the extent that pennsylvania does yeah right well like in texas you're not
[49:24.260 --> 49:32.180]  required to file but property code 1301 gives you the consequences if you don't
[49:33.620 --> 49:41.540]  any claim against real property not properly acknowledged or proven and filed in the county
[49:41.540 --> 49:50.820]  record is void is to the holder so while texas doesn't require you to file they statute they
[49:50.820 --> 49:58.980]  have some serious statutory consequences if you don't and i suspect every state would have that
[49:58.980 --> 50:06.020]  would that uh stipulation if they don't have a requirement to file otherwise there'd be no
[50:06.020 --> 50:11.860]  purpose to having a county registrar cite that statute again there andy texas property code
[50:11.860 --> 50:21.220]  1301 paragraph a okay and every state has to have this because when i go down and look in the public
[50:21.220 --> 50:30.500]  record i trust what i see in the public record if i can't trust what i see there there's no point
[50:30.500 --> 50:37.460]  have it if i can look in there and not see a claim and then purchase the property and then somebody
[50:37.460 --> 50:42.660]  come by later and say oh i've got this claim against your property nobody in their right mind
[50:42.660 --> 50:49.460]  would buy property in that state yeah so this is everybody's going to have to file in order to
[50:49.460 --> 51:00.180]  perfect the claim i'm going to i'm going to texas property code 192.001 recording and a recording of
[51:00.180 --> 51:10.420]  releases and other actions a to release transfer assign or take another action relating to the to
[51:10.420 --> 51:19.060]  an instrument that is filed regarded or uh i'm sorry registered or recorded in the office of
[51:19.060 --> 51:27.380]  the county clerk a person must file register or record another instrument relating to the action
[51:27.380 --> 51:32.900]  in the same manner excuse me in the same manner as the original instrument was required to be
[51:32.900 --> 51:41.540]  filed registered or recorded that tells me is that if party a assigns any kind of interest in that
[51:41.540 --> 51:49.380]  security instrument to party b in order for party b to secure their secure to perfect their security
[51:49.380 --> 52:01.780]  interest in that instrument there's their obligation under 192.007 but i'm sure that the
[52:03.380 --> 52:09.700]  attorney that you were talking about the what was it the state attorney yes the 13.001 went
[52:09.700 --> 52:17.780]  specifically to a claim against the property not in the not a transfer of claim right the claim
[52:17.780 --> 52:23.620]  has to be properly filed in the first instance there is nothing and then we've talked about this
[52:23.620 --> 52:32.500]  statute before about it does say shall after the original is claimed and that's a distinction that
[52:32.500 --> 52:39.780]  i haven't seen adjudicated do you have any case law on that no i don't let me get ken to do a
[52:39.780 --> 52:48.500]  a search on that send me some entity annotated code actually for for 13.001 you can see a moran
[52:48.500 --> 53:01.780]  versus wheeler 87 texas 179 183 27 that's 1894 yeah on 13.01 i suspect there's a lot of case
[53:01.780 --> 53:06.900]  there's probably a lot of case law both i just haven't that the second the requirement to file
[53:06.900 --> 53:12.660]  subsequent documents is not something i've ever argued or seen anyone else arguing it is a very
[53:12.660 --> 53:18.820]  good point well let's go back to leslie she yeah she's got some cockadoodle doing to do
[53:19.620 --> 53:26.340]  i was wondering how long it took the clerk to to bring this to bring the success out
[53:27.140 --> 53:30.740]  i mean what what kind of time span were we talking about leslie between the time that
[53:30.740 --> 53:39.860]  the clerk filed and the court ruled on this filed in 2011 wow three years but let me tell you
[53:39.860 --> 53:45.460]  something i don't know how many listeners you have all across the country and how many different
[53:45.460 --> 53:53.780]  counties but everybody can look up their own laws in their state and notify their recorder go in and
[53:53.780 --> 53:58.820]  see them i went into her office you should see their mess that they they made of her office
[53:58.820 --> 54:03.620]  yes i mean it's unbelievable she says i have all these things i can't i can't judge them like
[54:03.620 --> 54:09.060]  because they they can't go to settlement because we can't find out that the things are paid off
[54:09.060 --> 54:14.980]  when they were a lot of people wanted to sell their homes to move to florida they can't go
[54:14.980 --> 54:20.900]  to settlement because the whoever had their property after it was paid off they never sent
[54:20.900 --> 54:27.220]  it to be cleared up they just left the mortgage on there well what was it that murs was attempting
[54:27.220 --> 54:35.540]  to do leslie what was what was their point with mers it's not that mers was trying to do anything
[54:35.540 --> 54:42.500]  it's just that they they knew that mers was getting away with not filing stuff and that
[54:42.500 --> 54:48.420]  they made a wreck of the records because of the uh when people wanted to go to settlement they
[54:48.420 --> 54:52.500]  couldn't do it they couldn't transfer their property because they couldn't get a clear title
[54:52.500 --> 54:57.460]  because the house they said they were owed money on it and they didn't know money on it who owned
[54:57.460 --> 55:04.100]  the deed and who owned the mortgage and it was a mess so when she was showing me all these facts
[55:04.100 --> 55:08.980]  of stuff and i said you really should do something and i said here's what you can do and i showed her
[55:08.980 --> 55:15.140]  the law she says i'm going to look that up she got a team of lawyers not just one law firm so i think
[55:15.140 --> 55:23.620]  there's four or five of them on there but she she did a good job she she got right on it and she was
[55:23.620 --> 55:31.460]  angry enough to do it but you have to talk everybody has power they're your public servants
[55:31.460 --> 55:39.380]  make an appointment and go see them period and let them know that you're concerned let them know
[55:39.380 --> 55:46.820]  that see because not only are they missing the funds for their own office to operate but here
[55:46.820 --> 55:52.740]  in pennsylvania the recorder of deeds collects enough money that it runs the entire county
[55:52.740 --> 55:56.580]  and that the county taxes are low because the recorder brings in so much money
[55:58.500 --> 56:03.700]  so that when the property taxes go up it's because the recorder isn't getting her money worth
[56:04.340 --> 56:09.300]  so that if you go in and you complain to your recorder that hey the property taxes are going
[56:09.300 --> 56:13.300]  too high why aren't you collecting these funds from these people that aren't recording their
[56:13.300 --> 56:22.100]  deeds their mortgages their funds question so the people have to look up the laws in their state
[56:22.820 --> 56:28.660]  and they have to confront the recorder of deeds do not go to a deputy a deputy doesn't have the
[56:28.660 --> 56:39.140]  power it's not his jurisdiction no she the elected clerk is the one that you hired and you
[56:39.140 --> 56:48.020]  are the master the master does not deal with the employees the clerk is your direct employee
[56:48.020 --> 56:56.180]  everybody else works for her and this is perfect because what mers is now dealing with is this
[56:56.180 --> 57:04.660]  thing that terrorizes all proceeds the good old boy network the clerk lives in the same house the
[57:04.660 --> 57:13.620]  judge lives in part of the same bunch so now you get to use that local politics against the outsider
[57:13.620 --> 57:22.660]  that is perfect but there's she's using the facts correctly that's what she has in her favor as well
[57:22.660 --> 57:28.900]  randy she's taking the facts and they're they're not just claims she's backing them up with the
[57:28.900 --> 57:38.420]  evidence and the evidence is the statutes which were passed by legislature but you see here are
[57:38.420 --> 57:44.900]  the facts and here is the law that applies to those facts and this is the decision you should
[57:44.900 --> 57:54.260]  come to now that all sounds all well and good but i was in a court one day where a jp judge a judge
[57:54.260 --> 58:02.180]  stig uh in regard to the two-year statute limitations here in texas she said in court
[58:02.180 --> 58:08.180]  that oh i think the texas legislature made a mistake when they wrote that law really he was
[58:08.180 --> 58:13.380]  the justice of the peace have to have the authority to come to that conclusion leslie do you have
[58:13.380 --> 58:18.900]  anything else for us tonight here no i just wanted to make sure everybody knows that they they have
[58:18.900 --> 58:25.940]  it within themselves to do that well i'm sure glad you called in tonight honey and uh call us back and
[58:25.940 --> 58:32.020]  see you know if mers tries to move against this or get this overturned keep your eye on this thing
[58:32.020 --> 58:38.180]  and and let us know what happens would you yes i will thank you very good thank you for calling
[58:38.180 --> 58:43.380]  leslie five one two six four six nineteen eighty four is the number to dial folks and we've got
[58:43.380 --> 58:51.220]  james coming up next right after the break stay tuned we'll be right back would you like to make
[58:51.220 --> 58:58.020]  more definite progress in your walk with god bibles for america is offering a free study bible and
[58:58.020 --> 59:02.740]  a set of free christian books that can really help the new testament recovery version is
[59:02.740 --> 59:07.700]  one of the most comprehensive study bibles available today it's an accurate translation
[59:07.700 --> 59:12.580]  and it contains thousands of footnotes that will help you to know god and to know the meaning of
[59:12.580 --> 59:19.060]  life the free books are a three volume set called basic elements of the christian life chapter by
[59:19.060 --> 59:24.740]  chapter basic elements of the christian life clearly presents god's plan of salvation growing
[59:24.740 --> 59:31.380]  in christ and how to build up the church to order your free new testament recovery version and
[59:31.380 --> 59:38.100]  basic elements of the christian life call bibles for america toll free at eight eight eight five
[59:38.100 --> 59:45.700]  five one zero one zero two that's eight eight eight five five one zero one zero two or visit
[59:45.700 --> 59:55.380]  us online at bfa.org live free speech radio logos radio network.com
[01:00:03.060 --> 01:00:07.300]  this is the liberty beat your daily source for liberty news and activist updates
[01:00:07.300 --> 01:00:13.540]  online at thelibertybeat.com i'm brian hagen with your liberty beat for friday april 25 2014
[01:00:14.180 --> 01:00:18.180]  gold open today one thousand three hundred two dollars silver open to nineteen dollars and
[01:00:18.180 --> 01:00:22.740]  seventy five cents while bitcoin is trading at four hundred fifty one dollars support for the
[01:00:22.740 --> 01:00:29.140]  liberty beat comes from bitmain technology creators of the amp minor s1 180 giga hash bitcoin miner
[01:00:29.140 --> 01:00:36.100]  no pre-order ships on time sometimes it's early buy yours today at bitmaintech.com support also
[01:00:36.100 --> 01:00:41.860]  comes from affordable sound cd and dvd duplication along with posters and promotions materials
[01:00:41.860 --> 01:00:50.660]  online affordable sound.com or call up 512-459-5253 and support comes from voice and exit maximizing
[01:00:50.660 --> 01:00:56.260]  human flourishing through radical innovation tickets on sale now get 10 off with promo code
[01:00:56.260 --> 01:01:04.020]  freedom june 21st at austin music hall get yours at voice and exit.com in the news sweeping changes
[01:01:04.020 --> 01:01:08.980]  regarding gun laws in two states this week in georgia governor nathan deal has signed legislation
[01:01:08.980 --> 01:01:13.620]  into law that will allow guns to be carried into bars churches and government buildings
[01:01:13.620 --> 01:01:19.140]  the los angeles times reports the safe carry protection act takes effect july 1st in kansas
[01:01:19.140 --> 01:01:24.980]  meanwhile governor sam brownback has signed into law legislation making it legal statewide to openly
[01:01:24.980 --> 01:01:30.100]  carry firearms at the same time the associate of press reports the legislation strips local
[01:01:30.100 --> 01:01:37.140]  governments of their gun regulating power the change takes effect july 1st vermont is poised
[01:01:37.140 --> 01:01:42.020]  to become the first day to enact labeling for foods containing genetically modified organisms
[01:01:42.020 --> 01:01:47.780]  on wednesday the vermont house voted 114 to 30 in favor of the bill while the state senate approved
[01:01:47.780 --> 01:01:52.820]  the measure last week the law also sets up a special defense fund to fight off expected lawsuits
[01:01:52.820 --> 01:01:58.660]  from food manufacturers and biotech companies like monsanto the measures go into effect july 1st of
[01:01:58.660 --> 01:02:05.220]  2016 students in california will have their yearly standardized testing and reporting exam
[01:02:05.220 --> 01:02:10.660]  replaced by common core a national curriculum backed by obama's education department some
[01:02:10.660 --> 01:02:15.860]  educators are calling the new common core tests confusing and developmentally inappropriate check
[01:02:15.860 --> 01:02:20.660]  out the liberty beat.com for the floor report to learn which states have banned the curriculum
[01:02:20.660 --> 01:02:25.860]  support for liberty comes from dorothy erminger at cap star lending dorothy can walk you through
[01:02:25.860 --> 01:02:31.220]  the ins and outs of buying a home give her a call five one two three four three six four nine four
[01:02:31.220 --> 01:02:38.900]  or apply online call dorothy.com nmls two one six six two four support also comes from my magic mud
[01:02:38.900 --> 01:02:44.180]  all natural teeth whitener go to my magic mud.com to hear a short interview with dr griffin cole
[01:02:44.180 --> 01:02:50.820]  at my magic mud.com and support comes from brave new books online at brave new bookstore.com
[01:02:50.820 --> 01:02:58.420]  this is the liberty beat for friday april 25 2014 check out the website at the liberty.com
[01:03:20.820 --> 01:03:42.660]  welcome back to rule of law radio folks leslie thank you for calling in that was very interesting
[01:03:42.660 --> 01:03:46.180]  now we're going to go to james in texas hello james you with us tonight
[01:03:46.180 --> 01:03:56.420]  so i'm here mr skidmore how are you hello i'm doing pretty good have you got me i got you
[01:03:58.580 --> 01:04:02.260]  got a double handful take off for running brother what you got tonight
[01:04:03.700 --> 01:04:09.060]  well i'm going to first i'm going to attack randy for a little bit he says he can't trust
[01:04:09.060 --> 01:04:14.660]  anything unless he comes out of public records for to be in public records and it be lawful
[01:04:14.660 --> 01:04:21.540]  it has to be eligible to be filed there are so many fraudulent documents filed i can't believe
[01:04:21.540 --> 01:04:28.100]  what's in public records second is a lot of these people go out here and i'm going to interrupt for
[01:04:28.100 --> 01:04:34.900]  a second kudos leslie kudos now i'm going to jump back a lot of people sit there and they get
[01:04:34.900 --> 01:04:40.260]  in through this and they say well they committed fraud against me okay you brought up a crime
[01:04:40.260 --> 01:04:46.420]  why are you still trying to prove it to a civil element you're now have to meet the levels of a
[01:04:46.420 --> 01:04:56.580]  criminal element and it's and if you think it's easy it's not and the other thing is randy is
[01:04:56.580 --> 01:05:04.420]  correct under texas property code 13 whatever the numbers is they double o one or under texas
[01:05:04.420 --> 01:05:10.980]  or under text what whichever number it is but under texas local government code 192.007
[01:05:11.620 --> 01:05:19.940]  if they do it then they must file the subsequent that's where they didn't file it and they file this
[01:05:19.940 --> 01:05:24.900]  latter one that's out of order wait a minute it wasn't eligible to be filed
[01:05:26.580 --> 01:05:33.780]  that's fraud that's the one that i believe new yorkish county versus mers is going after
[01:05:33.780 --> 01:05:40.580]  is the fraudulent filing of a document not i don't even know how you would prove
[01:05:42.180 --> 01:05:47.940]  filing intervening if you don't follow them so what there's no penalty for that is permissive
[01:05:49.460 --> 01:05:55.620]  if you didn't follow the deed of trust but in texas if you follow the deed of trust you must follow
[01:05:55.620 --> 01:06:01.140]  but we don't know whether it's how many times it's been sold along the way is it one two three
[01:06:01.140 --> 01:06:07.620]  20 times somebody knows so don't even go there and if you're just going after filing fees at
[01:06:07.620 --> 01:06:13.220]  sixty dollars a pop let's just assume that it was sold for 30 times you're looking at 1800
[01:06:13.220 --> 01:06:19.780]  dollars but if you've got a fraudulent document file for the counties that's ten thousand dollars
[01:06:19.780 --> 01:06:29.860]  a pop one document will give them a lot of leeway and that's the reason why you're going to see a
[01:06:29.860 --> 01:06:36.100]  lot of hassle in state of texas they're going to come at you with everything they got they're
[01:06:36.100 --> 01:06:40.740]  going to make you look like a liar they're going to destroy you they're going to try to push you
[01:06:40.740 --> 01:06:45.540]  down the toilet you name it they're going to throw it throw it at you because most people
[01:06:45.540 --> 01:06:50.900]  don't realize a lot of people say well it's my house i got to protect it but they don't realize
[01:06:50.900 --> 01:06:57.940]  it's exposing a several hundred trillion dollar secondary market because when they come to say
[01:06:57.940 --> 01:07:04.820]  we did this and it's awful and it's not now you got the secondary market fraud you've got to prove
[01:07:04.820 --> 01:07:12.180]  it to a criminal element and it's way and that's beyond any reasonable doubt that's not a preponderance
[01:07:12.820 --> 01:07:20.660]  if it goes about what you said steve is uh you know i'm going to make i'm going to make some
[01:07:20.660 --> 01:07:25.700]  i'm going to state some facts here wait a minute what facts did you give me you just slashed a
[01:07:25.700 --> 01:07:33.380]  bunch of crap what did you give me that i can lay my hands on that conclusion really beyond
[01:07:33.380 --> 01:07:40.260]  any reasonable doubt proof of fraud come on people give it to us to a criminal element not a civil
[01:07:40.260 --> 01:07:49.140]  now i'll kick it back to you steve okay criminal element how they're when we're speaking about
[01:07:49.140 --> 01:07:55.540]  fraud we've got civil fraud and criminal fraud wait hold on hold on you don't need to go to fraud
[01:07:55.540 --> 01:08:07.060]  here i just did this in a court in and against a jp and some individuals in garland there was a
[01:08:08.260 --> 01:08:16.980]  deed of trust filed in the record by a trustee who was never appointed trustee by the record
[01:08:16.980 --> 01:08:24.820]  so i called the filing of the deed of trust as securing executing a document by deception
[01:08:26.660 --> 01:08:30.980]  for the per and in the process of securing and executing the document by deception they
[01:08:30.980 --> 01:08:35.700]  committed aggravated perjury by placing a statement on the document that was untrue
[01:08:36.500 --> 01:08:44.660]  that they knew was untrue and they knew statutorily because it was evidenced by the public record to
[01:08:44.660 --> 01:08:52.020]  which they had imputed knowledge the fact that the statement that he was the trustee when he was no
[01:08:52.020 --> 01:08:56.580]  such thing a quick look at the public record we show he wasn't the trustee so that statement was
[01:08:56.580 --> 01:09:03.220]  false and whether he actually knew or not he had imputed knowledge so aggravated perjury
[01:09:04.980 --> 01:09:10.100]  um then he aggravated perjury is a felony here in the state of texas then he filed that document
[01:09:10.100 --> 01:09:15.620]  with the county recorder and that was tampering with the government document that's another crime
[01:09:15.620 --> 01:09:22.020]  and then he had an affidavit on the document by another person uh-oh that was criminal conspiracy
[01:09:23.620 --> 01:09:29.620]  and it was all done for the purpose of converting converting the property
[01:09:31.140 --> 01:09:35.860]  to his to someone else to his benefit because he makes money doing the sale
[01:09:35.860 --> 01:09:44.260]  3202 theft conversion used to be a a crime specifically relating to converting real property
[01:09:44.900 --> 01:09:54.500]  now it's under theft 3203 or 3203 I forget interesting and the jp I filed a challenge
[01:09:54.500 --> 01:09:57.220]  subject matter jurisdiction he ruled against it without reading it
[01:09:57.220 --> 01:10:05.060]  3903 penal code and then he sent some people out there with pistols to throw this woman out of her
[01:10:05.060 --> 01:10:10.820]  house when he didn't have any subject matter jurisdiction aggravated burglary first degree
[01:10:10.820 --> 01:10:18.980]  felony aggravated assault did they touch them they hadn't yet I just got the district attorney and
[01:10:18.980 --> 01:10:26.340]  the craig watkins office refused to take them and now they're going to the attorney general
[01:10:26.340 --> 01:10:31.620]  mm-hmm but these are all just from one document every one of those documents that's not property
[01:10:31.620 --> 01:10:39.300]  filed fraud is a it's a great claim but it's a lot harder to prove and a lot harder to make the claim
[01:10:39.300 --> 01:10:47.220]  it's a great claim but it's a lot harder to prove and a lot harder to make the claim well you need
[01:10:47.220 --> 01:10:53.860]  to specify all the elements of fraud all all five elements you need to be yeah that that makes it a
[01:10:53.860 --> 01:10:59.860]  bit more difficult yeah whereas securing and executing the document by deception
[01:11:00.740 --> 01:11:07.140]  intent is irrelevant if he didn't have the authority to file this document and he filed
[01:11:07.140 --> 01:11:13.540]  this document the securing execute if he put a false statement on the document that he either
[01:11:13.540 --> 01:11:18.740]  knew or should have known was false and he placed it on there under oath under penalty of perjury
[01:11:19.300 --> 01:11:25.940]  and the statement was material I did forget that in the original when I just said that earlier
[01:11:25.940 --> 01:11:32.420]  he put a material statement on the document he knew was false under oath that's aggravated
[01:11:32.420 --> 01:11:40.580]  perjury he filed the document with a materially false statement and intended that the statement
[01:11:40.580 --> 01:11:47.540]  be taken is true if you file a document in the public record with a false material statement
[01:11:47.540 --> 01:11:54.820]  you intend to be taken is true that's pampering each one of those are separate offenses and
[01:11:54.820 --> 01:12:02.820]  and the one I named who did the affidavit I named him for all of the acts all of the above because
[01:12:02.820 --> 01:12:10.500]  he acted in concert inclusion under chapter 7 under culpability we can do this for every single
[01:12:11.300 --> 01:12:20.260]  improper filing that'll hurt doesn't get them hopping up and down make them nervous anyway it
[01:12:20.260 --> 01:12:26.820]  also brings up randy you also have under that in addition to say you also have title 18
[01:12:27.380 --> 01:12:37.380]  18 usc chapter 47 1021 which states whoever being an officer or the other person authorized by any
[01:12:37.380 --> 01:12:43.940]  law of the united states record a conveyance of real property or any other instrument which by such
[01:12:43.940 --> 01:12:53.620]  law may be recorded knowingly certifies falsely that such conveyance or instrument has or has not
[01:12:54.340 --> 01:13:00.740]  been recorded shall be fined under this title or imprisoned not more than five years or both
[01:13:02.660 --> 01:13:10.020]  so I have to agree with James and you both I mean we have statutes out there we just need to get the
[01:13:10.020 --> 01:13:16.020]  proper facts into the proper parties and then you got to get a judge that is willing to uphold them
[01:13:16.740 --> 01:13:23.540]  knowing what's on the other end of it now what's on the other end of it is their problem not our
[01:13:23.540 --> 01:13:30.660]  problem but it is I don't know any judge that wants his name on the document that crumbled the
[01:13:30.660 --> 01:13:41.940]  entire system you know we in texas we have special statutes to eliminate that problem okay when I
[01:13:41.940 --> 01:13:48.420]  filed against the judge and filed against the judge for acting in concert and collusion with
[01:13:48.420 --> 01:13:54.100]  all these other folks that's the complaint against a public official and that's special in texas
[01:13:54.100 --> 01:14:05.540]  nobody in the prosecuting attorney the primary one has no responsibility here the dallas county
[01:14:05.540 --> 01:14:14.580]  district attorney's office has a public integrity unit that's criminal 2.03 says when a complaint
[01:14:14.580 --> 01:14:19.220]  is made against a public official the prosecutor shall reduce complaint of information submitted
[01:14:19.220 --> 01:14:26.020]  to the grand jury for it wet he has no authority to investigate into the complaints against public
[01:14:26.020 --> 01:14:30.260]  officials he's to give it to the grand jury get it out of his hands and get away from it
[01:14:30.900 --> 01:14:38.740]  let the grand jury handle it that's what the grand jury is for exactly the prosecutor shouldn't be
[01:14:38.740 --> 01:14:45.060]  put in a position to potentially prosecute somebody he works with so our legislature took him off
[01:14:45.060 --> 01:14:58.020]  that dime well ken just sent me the annotated statutes not one single case on 2.03 paragraph a
[01:14:58.020 --> 01:15:09.540]  not a single one i'm gonna get me one i may get a couple of them well you know everything that has
[01:15:09.540 --> 01:15:15.220]  been said tonight it all goes back to the importance of getting good evidence the importance of getting
[01:15:15.220 --> 01:15:22.660]  good facts from a competent party that way they can ascertain the facts and they can see what
[01:15:22.660 --> 01:15:31.620]  statutes are being violated relating to their specific case at that instant so again we keep
[01:15:31.620 --> 01:15:39.460]  stressing getting the right facts getting the proper facts getting the correct information off
[01:15:39.460 --> 01:15:48.900]  of the facts when we come back i'd like to address which facts you bring in which facts you don't
[01:15:48.900 --> 01:15:57.700]  bring because one of the primary issues and important thing to be careful about is what you
[01:15:57.700 --> 01:16:04.500]  to be careful about is what you stipulate to agreed when somebody goes to the court and say
[01:16:04.500 --> 01:16:12.180]  why are you on are they assigned this security instrument to this person over here you don't
[01:16:12.180 --> 01:16:20.500]  know that all you know is is somebody on this date filed with the county recorder a document
[01:16:20.500 --> 01:16:25.780]  this title assignment it may has this a vermin where it makes this statement it's affirmed by
[01:16:25.780 --> 01:16:34.820]  this person that's all you know anything else about that is uh speculation and the best way
[01:16:34.820 --> 01:16:40.820]  to understand facts is understand what aren't facts your opinions about the facts your conclusions
[01:16:40.820 --> 01:16:49.060]  are not facts only what actually happened is facts hold on brandy kelton devin stevens joe
[01:16:49.060 --> 01:16:57.540]  esquivel steve skidmore rubra radio are calling number 512-646-1984 we'll be right back don't go
[01:16:57.540 --> 01:17:05.060]  away james chances are you've heard of my magic mud but have you used it thousands of people are
[01:17:05.060 --> 01:17:10.100]  blown away by the clean and healthy feeling they experience after just one use here's what harlan
[01:17:10.100 --> 01:17:15.220]  detrick owner of brave new books has to say about the product everybody this is harlan detrick owner
[01:17:15.220 --> 01:17:19.460]  of brave new books just want to tell everybody about my magic mud i use the product and it makes
[01:17:19.460 --> 01:17:24.340]  my teeth feel clean and healthy i think it makes them stronger i got lots of customers that come
[01:17:24.340 --> 01:17:29.220]  in and say the same thing you can pick yours up at brave new books if that wasn't enough dr griffin
[01:17:29.220 --> 01:17:34.740]  cole dds who's been featured on the alex jones show loves it too hi i'm dr griffin cole and i
[01:17:34.740 --> 01:17:39.140]  gotta tell you i really love this magic mud product because charcoal is so absorbent it's
[01:17:39.140 --> 01:17:43.300]  very effective at taking off all the sticky plaque and debris that gets stuck on our teeth every day
[01:17:43.300 --> 01:17:48.420]  i highly recommend my magic mud if you haven't yet experienced my magic mud it's never too late to
[01:17:48.420 --> 01:17:53.940]  brighten your smile and strengthen your teeth get your jar of my magic mud today at brave new books
[01:17:53.940 --> 01:18:02.420]  located at 1904 guadalupe street or order online today at my magic mud.com at capital coin and
[01:18:02.420 --> 01:18:06.180]  bullion our mission is to be your preferred shopping destination by delivering excellent
[01:18:06.180 --> 01:18:10.660]  customer service and outstanding value at an affordable price we provide a wide assortment
[01:18:10.660 --> 01:18:15.060]  of favorite products featuring a great selection of high quality coins and precious metals we
[01:18:15.060 --> 01:18:19.620]  cater to beginners in coin collecting as well as large transactions for investors we believe
[01:18:19.620 --> 01:18:24.580]  in educating our customers with resources from top accredited metals dealers and journalists
[01:18:24.580 --> 01:18:29.140]  if we don't have what you're looking for we can find it in addition we carry popular
[01:18:29.140 --> 01:18:34.420]  longevity products such as beyond tangy tangerine and pollen burst we also offer one world way
[01:18:34.420 --> 01:18:39.380]  mountain house storable foods burkey water products ammunition at 10 above wholesale and
[01:18:39.380 --> 01:18:44.900]  more we've rolled through metals ira accounts and we also accept bitcoins as payment call us at 512
[01:18:44.900 --> 01:18:52.100]  646 6440 we're located at 7304 burnet road suite a about a half mile south of anderson we're open
[01:18:52.100 --> 01:18:57.380]  monday through friday 10 to 6 saturdays 10 to 2 visit us at capital coin and bullion.com or call
[01:18:57.380 --> 01:19:10.660]  512-646-6440 this is the logos logos radio
[01:19:27.860 --> 01:19:30.660]  well
[01:19:36.500 --> 01:19:43.700]  okay we are back ready captain steve skidmore joescoville and we still have joe james on the
[01:19:43.700 --> 01:19:51.300]  line we were primarily talking about the facts and the law and we talked about this last night
[01:19:51.300 --> 01:20:00.900]  uh you can go into the court and make the most convincing arguments and give the judge the most
[01:20:00.900 --> 01:20:07.540]  compelling reasons as to why he should rule in your favor but if you don't give him the facts
[01:20:08.500 --> 01:20:14.180]  and the law as it applies to those facts the judge can agree with you in your argument
[01:20:14.180 --> 01:20:20.740]  but he has no power to rule in your favor he may only determine the facts in accordance with the
[01:20:20.740 --> 01:20:27.540]  rules of evidence that applies it comes to him to the facts in the case he does anything else
[01:20:28.100 --> 01:20:32.180]  and we need the bait is to drag him down off the bench and put put the fair and honest jurors that
[01:20:32.180 --> 01:20:37.300]  we have a right to in the first instance back up on the bench and that's my story i'm sticking to
[01:20:37.300 --> 01:20:45.220]  it and and it's one of the things about the facts determine what your claims are
[01:20:46.820 --> 01:20:54.980]  then look at the facts that you need to support your claim now if there are some facts out there
[01:20:54.980 --> 01:21:03.620]  that have the appearance of negating your claim you really have you kind of lawyers have a duty
[01:21:03.620 --> 01:21:11.220]  to bring those but you don't lawyers never will bring those facts even though they're supposed to
[01:21:11.220 --> 01:21:19.300]  so determine the facts that you need to support the elements of the claim state the facts without
[01:21:20.980 --> 01:21:25.700]  opinion or judgment you know what i do a statement of facts especially if it's
[01:21:25.700 --> 01:21:30.660]  on a foreclosure issue first thing i do is on this date at this time there was filed with the
[01:21:30.660 --> 01:21:39.060]  county recorder a document title warranty deed that establishes your standing and then if i'm
[01:21:39.060 --> 01:21:44.580]  talking about a security instrument deed of trust on this day at this time there was filed with the
[01:21:44.580 --> 01:21:54.900]  recorder i don't say that on this day i entered into a loan agreement with so and so don't stipulate
[01:21:54.900 --> 01:22:00.980]  anything say it was filed with the county record you're not agreeing with it you're just stating
[01:22:00.980 --> 01:22:07.060]  a fact it was filed with the county record they can go look and verify it state the facts clearly
[01:22:07.060 --> 01:22:17.780]  and succinctly and those facts you need to support the elements in your claim and then give the court
[01:22:17.780 --> 01:22:27.860]  the law as it applies to those facts avoid pronouns avoid acronyms pronouns will give
[01:22:27.860 --> 01:22:36.500]  a sharp practicing lawyer opportunity to misconstrue explain a pronoun he she they them
[01:22:36.500 --> 01:22:47.380]  um you know what i put in i'll use defendant but if there's another entity in there where
[01:22:48.820 --> 01:22:53.140]  it's not the defendant but it's another entity that comes up a lot like merge if i haven't sued
[01:22:53.140 --> 01:22:59.940]  merge but merge is involved i will always put in mortgage electronic registration system now
[01:22:59.940 --> 01:23:08.020]  now when steve hears merge or joe hears merge or i hear merge i know exactly what it is but i cannot
[01:23:08.020 --> 01:23:16.020]  necessarily presume that my reader knows exactly what it is yeah right if if he doesn't mentally
[01:23:16.020 --> 01:23:23.620]  he's going to have to stop stop his flow of thought look at that and make sure that these
[01:23:23.620 --> 01:23:30.500]  letters add up to what he's thinking in his head pattern interruption if you put mortgage electronic
[01:23:30.500 --> 01:23:37.860]  registration systems the reader will see that he won't read it he'll recognize it like he
[01:23:37.860 --> 01:23:46.660]  recognizes his shovel he sees it he knows exactly what it is and just skips right over it does not
[01:23:46.660 --> 01:23:55.380]  miss a mental beat you put in a pronoun the reader is always going to stagger over that pronoun
[01:23:55.380 --> 01:24:02.900]  to be certain who the pronoun is referring to he she they them they and them are the worst ones
[01:24:03.940 --> 01:24:10.980]  because they is you know sometimes we refer to a nebulous they who's never been defined
[01:24:10.980 --> 01:24:21.540]  the be careful with the word the the means one previously mentioned never use that term to refer
[01:24:21.540 --> 01:24:27.860]  to something that you have not previously stipulated and the term is used close enough
[01:24:27.860 --> 01:24:34.500]  so there's no doubt of what you're referring back to otherwise your reader trips over it
[01:24:34.500 --> 01:24:43.460]  trips over it and he tends to lose his place and gets lost in all the facts and never ever
[01:24:44.100 --> 01:24:52.900]  give your opinion on a fact when you're stating facts the way you know people tell me they you
[01:24:52.900 --> 01:24:57.540]  know when they have issues if they're complex i ask them to send me a statement of facts when
[01:24:57.540 --> 01:25:03.700]  i ask for a statement of facts i got a statement of arguments but then i started asking for a
[01:25:03.700 --> 01:25:08.900]  timeline on this day this happened on this day this happened just tell me what happened
[01:25:08.900 --> 01:25:14.580]  when it happened and i've been having people go to the court and get the docket sheet
[01:25:15.940 --> 01:25:21.620]  now you got this docket sheet of when all these documents are filed now give me the facts that
[01:25:21.620 --> 01:25:30.340]  lead up to this case starting in between all of these put in when things happened in between
[01:25:30.340 --> 01:25:38.580]  and that tends to get me a much better statement of facts it's really hard when you're in an issue
[01:25:39.700 --> 01:25:47.620]  to set aside your emotional content concerning that issue it's really hard to say they did this
[01:25:47.620 --> 01:25:55.460]  thing without warning me that this thing was rotten awful and horrible but if you do that
[01:25:55.460 --> 01:26:01.140]  in the statement of facts you will essentially insult your reader especially if it's a judge he's
[01:26:01.140 --> 01:26:10.340]  going to be real unhappy with that so state your facts and then make up a argument in support of
[01:26:10.340 --> 01:26:20.180]  those facts now go back and look at your facts how can you arrange your facts so that an ordinary
[01:26:20.180 --> 01:26:28.020]  person of reasonable prudence reading these facts would tend to come to the very conclusions you
[01:26:28.020 --> 01:26:34.260]  want them to come to that's the artful use of a statement of facts because if you can
[01:26:34.980 --> 01:26:41.300]  state your facts that way the judge is going to read down it and he's going to draw some
[01:26:41.300 --> 01:26:47.700]  conclusions from what he sees and then when he reads your argument in support if you draw the
[01:26:47.700 --> 01:26:53.700]  same conclusions you got him to draw when he read the statement of facts he's going to think you're
[01:26:53.700 --> 01:27:01.060]  really smart it's going to establish what in psychology we call rapport but if you put a bunch
[01:27:01.060 --> 01:27:06.260]  of arguments in the statement of fact you're immediately going to lose rapport because the
[01:27:06.260 --> 01:27:11.460]  judge is going to think i'm the judge i'm the one that will determine what these facts mean
[01:27:11.460 --> 01:27:19.780]  and here you're trying to force me to take your your side of it that's why it's what what joe is
[01:27:19.780 --> 01:27:25.940]  talking about is so important well you you got a couple of different elements here a litigant
[01:27:27.140 --> 01:27:37.060]  or an investigator would be a finder of facts the judge is the trier of facts don't try to put words
[01:27:37.060 --> 01:27:48.820]  in the judge's mouth yes yes and on that in the mouth never ever make a a proactive statement
[01:27:48.820 --> 01:28:00.260]  of fact or law out of your own mouth make it out of hard evidence or an affidavit submitted as
[01:28:00.260 --> 01:28:09.300]  evidence why would they do that randy explain that to them because if it's not in the if your
[01:28:09.300 --> 01:28:16.980]  statement that you refer to in your pleadings is not in the form of a sworn affidavit it's hearsay
[01:28:17.700 --> 01:28:26.740]  if it's in the form of a sworn affidavit then it is presumed to be true until shown to be otherwise
[01:28:26.740 --> 01:28:33.380]  and that's that's why an affiant's got to be present for cross-examination right otherwise
[01:28:33.380 --> 01:28:39.540]  it's hearsay the lawyer can't testify right for the the lawyer can bring in an affidavit
[01:28:40.740 --> 01:28:44.900]  but it has to be a sworn affidavit there is a structure for affidavits
[01:28:45.940 --> 01:28:51.060]  or the lawyer can present facts to the court like i was talking about earlier what i say
[01:28:51.060 --> 01:28:55.860]  on this date at this time a document titled warranty deed was filed with a counter recorder
[01:28:55.860 --> 01:29:02.740]  and given document number so and so that can be absolutely verified it cannot be
[01:29:02.740 --> 01:29:08.740]  controverted and all of those facts you always ask the court to take judicial notice
[01:29:10.340 --> 01:29:15.620]  and you you list all of the case law and statutes you're going to you're going to cite
[01:29:16.740 --> 01:29:24.500]  and in word it has a special tool to do that for you you you list all of those and ask the court
[01:29:24.500 --> 01:29:29.780]  to take judicial notice of all of these laws you hadn't told him what they are yet but their laws
[01:29:29.780 --> 01:29:34.340]  you can't ignore them asking to take judicial notice now you got the facts of the law before
[01:29:34.340 --> 01:29:40.180]  the court now you can come in and argue and what is that special tool because people are wondering
[01:29:40.180 --> 01:29:46.580]  what did randy just say let's get back to that after the break and i don't want to i don't want
[01:29:46.580 --> 01:29:51.220]  to ignore james james stay there over the break we'll come right back to you on the other side
[01:29:51.220 --> 01:29:56.020]  five one two six four six nineteen eighty-four is the number to dial to get in line we'll be
[01:29:56.020 --> 01:30:03.060]  right back after these messages the ten commandments are a cornerstone of judaism
[01:30:03.060 --> 01:30:07.780]  islam and christianity if you're an educated person you should probably know them regardless
[01:30:07.780 --> 01:30:12.100]  of your religion i'm dr kathryn albrecht and i'll be right back with a tip to help you remember
[01:30:12.100 --> 01:30:18.340]  one of the ten commandments privacy is under attack when you give up data about yourself
[01:30:18.340 --> 01:30:23.940]  you'll never get it back again and once your privacy is gone you'll find your freedoms will
[01:30:23.940 --> 01:30:29.780]  start to vanish too so protect your rights say no to surveillance and keep your information to
[01:30:29.780 --> 01:30:35.300]  yourself privacy it's worth hanging on to this public service announcement is brought to you by
[01:30:35.300 --> 01:30:42.740]  startpage.com the private search engine alternative to google yahoo and bing start over with startpage
[01:30:42.740 --> 01:30:47.620]  when i want to remember the eighth commandments i think of the number eight that reminds me of the
[01:30:47.620 --> 01:30:52.660]  word eight and how i would feel if i opened the refrigerator at work and found that someone else
[01:30:52.660 --> 01:30:57.700]  ate my lunch that was clearly labeled with my name well i'd be very unhappy because that's
[01:30:57.700 --> 01:31:03.060]  stealing and it's not right whoever ate my lunch would have violated commandment number eight
[01:31:03.060 --> 01:31:07.860]  of the bible which says thou shalt not steal the next time the ten commandments come up in
[01:31:07.860 --> 01:31:12.580]  conversation you'll remember the eighth commandment forbid stealing it's the one that would be broken
[01:31:12.580 --> 01:31:18.580]  if someone stole your lunch and ate it hey that was mine i'm dr kathryn albrecht more news and
[01:31:18.580 --> 01:31:22.580]  information at kathrynalbrecht.com
[01:31:27.940 --> 01:31:33.940]  this is building seven a 47 story skyscraper that fell on the afternoon of september 11 the government
[01:31:33.940 --> 01:31:39.060]  says that fire brought it down however 1500 architects and engineers have concluded it was
[01:31:39.060 --> 01:31:43.700]  a controlled demolition over 6 000 of my fellow service members have given their lives and thousands
[01:31:43.700 --> 01:31:48.340]  of my fellow first responders are dying i'm not a conspiracy theorist i'm a structural engineer i'm
[01:31:48.340 --> 01:31:52.420]  a new york city correction officer i'm an air force pilot i'm a father who lost his son we're
[01:31:52.420 --> 01:31:59.460]  americans and we deserve the truth go to remember building seven dot org today after work i'm so
[01:31:59.460 --> 01:32:05.860]  tired that i want to be left alone to sleep hey listen to me who are you i knew you years ago when
[01:32:05.860 --> 01:32:10.500]  you felt healthy and young and everything worked on your body do you remember that yes i wish i
[01:32:10.500 --> 01:32:15.860]  felt like that now you can feel like that again with a new micro plant powder formulation called
[01:32:15.860 --> 01:32:21.300]  iodine now it cleans the entire body from head to toe and feeds the body what it really needs
[01:32:21.300 --> 01:32:26.340]  you'll be in a better mood and you'll find more drive in your romantic life really i got to try
[01:32:26.340 --> 01:32:32.020]  iodine now and feel good again it also protects you from radiation heavy metals fluoride chlorine
[01:32:32.020 --> 01:32:36.500]  and bromine including cancer and most major diseases you'll be amazed you can be your own
[01:32:36.500 --> 01:32:42.580]  doctor i want to keep you out of the hospital and off pharmaceuticals wow why are you so nice to me
[01:32:42.580 --> 01:32:49.780]  because i'm you you're out of shape and i need a better looking future call 888-910-4367 that's
[01:32:49.780 --> 01:32:59.940]  888-910-4367 that's 888-910-4367 or visit micro plant powder dot com micro plant powder dot com
[01:32:59.940 --> 01:33:17.220]  looking for some truth you found it logos radio network.com
[01:33:17.220 --> 01:33:32.740]  hi everyone this is joe esquivel randy kelton and steve skidmore coming with rule of law radio
[01:33:33.540 --> 01:33:39.620]  and before we went out i had a quick question for randy because you bought up a very interesting
[01:33:39.620 --> 01:33:46.260]  subject he he gave us a pattern interruption yes and he caught my attention and many other
[01:33:46.260 --> 01:33:52.260]  listeners out there and then he ran off there's some secret weapon out there randy yes randy can
[01:33:52.260 --> 01:33:56.900]  you explain this tool real quick because we still have james we'd like to get to today as well
[01:33:57.540 --> 01:34:07.700]  yes i can explain it really quick if you go into microsoft word and i'm i'm in word 2010 but
[01:34:07.700 --> 01:34:17.540]  uh it may be slightly different if you're in 2000 or 07 uh i think uh 2012 is the same across the
[01:34:17.540 --> 01:34:26.500]  top menu bar you've got home insert page layout and references references in references the very
[01:34:26.500 --> 01:34:36.900]  first tab is table of contents when you write your document use the styles heading if you go to the
[01:34:36.900 --> 01:34:46.180]  home tab you've got a section for the font and then you've got a section for centering and aligning
[01:34:46.180 --> 01:34:53.540]  the text and numbering and then next to that you've got your style headings the table of contents
[01:34:53.540 --> 01:35:02.900]  builds itself based on your style headings so when you put in a heading don't type the heading in
[01:35:02.900 --> 01:35:11.540]  and just format it you know all caps you know bold and don't put all that formatting on it
[01:35:11.540 --> 01:35:17.460]  go up to your style sheet and select heading one heading two heading three heading four
[01:35:18.020 --> 01:35:26.580]  and then you can go into each of those headings and adjust them the way you want them the primary
[01:35:26.580 --> 01:35:32.020]  reason for using those in a legal document is when you tell it to insert a table of contents
[01:35:32.020 --> 01:35:37.860]  it looks at all the style headings that you've used and builds a table of contents out of the
[01:35:37.860 --> 01:35:49.780]  style headings well the one i was primarily going to here is the uh insert table of contents on
[01:35:49.780 --> 01:36:02.420]  on word on the one i'm using is the last section under references the first item is mark citation
[01:36:02.420 --> 01:36:13.300]  if you have a reference to a case or a reference to a statute rule or regulation and in law you
[01:36:13.300 --> 01:36:17.540]  never make one out of your own mouth you always make it out of the mouth of the courts and if you
[01:36:17.540 --> 01:36:25.700]  want to understand exactly how that's done read some court opinions that's exactly how the court
[01:36:25.700 --> 01:36:34.020]  does it in this case we said this in this case we said this so model it after the way court opinions
[01:36:34.020 --> 01:36:41.060]  are written and then select out the statute go up and click mark citation and then a box will pop
[01:36:41.060 --> 01:36:48.100]  up and one of the boxes in there will just right in the middle will say statute rule regulation
[01:36:48.100 --> 01:36:56.180]  case you select the one it is and hit market and it'll put some code around that citation if you
[01:36:56.980 --> 01:37:04.260]  turn on it click the paragraph symbol on the home the very first menu item
[01:37:04.260 --> 01:37:10.500]  uh they've got a little paragraph character up there it will show you all the codes and you can see
[01:37:11.300 --> 01:37:18.660]  the code it wraps around your citation then when you're finished with the document the last thing
[01:37:18.660 --> 01:37:27.780]  you do is you go up to the top right under your title set your cursor and go to the references
[01:37:27.780 --> 01:37:34.740]  page click table of contents bam and drop in a pay book table of contents then go over to auto
[01:37:34.740 --> 01:37:43.220]  populate table of contents auto populate nice and also set hyperlinks on them and then go over
[01:37:43.220 --> 01:37:49.700]  i've been doing all this stuff manually for years yeah i had a guy working with me he always did
[01:37:49.700 --> 01:37:55.380]  that manually and made me nuts because i always had to take them out and redo them you go to
[01:37:55.380 --> 01:38:03.940]  you go to insert table of authorities click that and it sorts them out lines them up if you look
[01:38:04.660 --> 01:38:14.500]  at any uh petition for certiori they will always be set up this way a writamandamus
[01:38:15.540 --> 01:38:21.460]  a petition for um uh declaratory or not declaratory just but a
[01:38:21.460 --> 01:38:29.140]  writamandamus writahavius corpus they're done exactly this way so this makes life real easy
[01:38:29.140 --> 01:38:38.820]  the hardest part is getting used to using styles you try to build a style template get all the
[01:38:38.820 --> 01:38:45.700]  styles the way you want them and when you click on the style section there's in the
[01:38:45.700 --> 01:38:53.220]  the box that has all your styles if you go to the home tab it'll have address caption
[01:38:53.220 --> 01:38:58.340]  court heading whatever your styles are named in the bottom corner of that there's a little
[01:38:58.340 --> 01:39:05.060]  down arrow you click that and it'll pop a box up that shows you all of the styles the first thing
[01:39:05.060 --> 01:39:10.980]  you do is go get rid of all of them you don't use it really used to be a pain in the neck
[01:39:10.980 --> 01:39:19.620]  yeah and then in the on the front page you go to the numbering section in the numbering section
[01:39:19.620 --> 01:39:26.500]  is right next to the fonts the very first section is fonts then next to it you've got the
[01:39:27.380 --> 01:39:36.580]  uh align left right center justify above that you've got the one for bullets and then numbering
[01:39:36.580 --> 01:39:46.340]  and there's a third one multi-level list click that one it'll give you a drop down and about
[01:39:46.340 --> 01:39:57.700]  three levels down there's a heading style that starts out with the capital roman numerals and
[01:39:57.700 --> 01:40:07.140]  and then a and then one and then a parentheses i always pick that one but you can pick any one
[01:40:07.140 --> 01:40:14.180]  of these styles and it will automatically format all your headings to this heading format
[01:40:15.780 --> 01:40:21.700]  and that will make your life a whole lot easier if you have a style in there if you have a heading
[01:40:21.700 --> 01:40:28.100]  that doesn't look right you just on the heading you don't have to select the whole thing and then
[01:40:28.100 --> 01:40:37.620]  go up to the styles menu open that third box and tell it i want to use this particular type of style
[01:40:38.420 --> 01:40:44.420]  and it will fix that heading to match this the style that you clicked i could probably spend
[01:40:44.420 --> 01:40:50.180]  a whole show on this but that's basically once you understand the styles are there you can go online
[01:40:50.180 --> 01:40:57.540]  and do some searching for help to show you how to use something new styles mark citations it will
[01:40:57.540 --> 01:41:02.660]  save you so much time that sounds great i'm gonna have to play around practice with that some
[01:41:03.540 --> 01:41:09.940]  before james gets mad at us let's go back to james james i'm sorry we kept you holding on so long
[01:41:09.940 --> 01:41:16.420]  what else you got for it for us tonight brother well we're going to talk about a little bit about
[01:41:16.420 --> 01:41:24.020]  randy said yes it is the game of psychology is involved and like if you use the terminology
[01:41:24.020 --> 01:41:28.820]  mers is that mortgage electronic registration system or is that Michigan
[01:41:30.740 --> 01:41:37.620]  employees retirement system yeah that that will break your train of thought now let's go back
[01:41:37.620 --> 01:41:44.420]  and look at why do people hold a card close to the vest well if you get hit with the summary
[01:41:44.420 --> 01:41:53.220]  jersey or club b6 at federal and so forth yeah you might be able to sit there and raise it in
[01:41:53.220 --> 01:42:00.820]  the appeal court if you're going to go for raising jurisdiction for the first time but you're going
[01:42:00.820 --> 01:42:06.500]  to be arguing an uphill marriage battle why don't you go ahead and raise them and have them in the
[01:42:06.500 --> 01:42:15.620]  record that doesn't make any sense to me now the other thing is find a way to use their documents
[01:42:15.620 --> 01:42:23.460]  against them never use your own and the other thing that i've seen a lot of people do they think
[01:42:23.460 --> 01:42:29.460]  they know but they get this book you think they're good and then the judge hollers that's all folks
[01:42:29.460 --> 01:42:36.660]  because you've hesitated you think you know but expect the unexpected and people can't do that
[01:42:38.660 --> 01:42:45.620]  and i'll let it go back to randy now yes one one of the things i suggest especially to pro se
[01:42:45.620 --> 01:42:53.620]  litigants is that when they file their suit they include a objection to all oral argument
[01:42:53.620 --> 01:43:01.860]  argument maintain that oral argument is unfair to a pro se litigant and request that all decisions
[01:43:01.860 --> 01:43:09.220]  be made based on the pleadings you got something to say write it down don't come into court and
[01:43:09.220 --> 01:43:15.220]  start throwing case law at the judge when you're dealing with a pro se it's basically unfair we
[01:43:15.220 --> 01:43:24.660]  always raise that objection and then we tell the the pro se don't get into these arguments with
[01:43:24.660 --> 01:43:31.540]  them object everything the lawyer says and they ask you why they object assumes assumes the fact
[01:43:31.540 --> 01:43:39.300]  not in evidence something just give them something raise an objection and when they want you to
[01:43:39.300 --> 01:43:47.060]  to give oral argument about something refer back to your pleadings don't let them trip you up
[01:43:47.060 --> 01:43:52.820]  because they will try to take unfair advantage always object to oral argument if they ask you
[01:43:52.820 --> 01:43:58.100]  about something objective oral argument it's patently unfair we're going to break we'll be
[01:43:58.100 --> 01:44:04.420]  right back you feel tired when talking about important topics like money and politics are
[01:44:04.420 --> 01:44:09.540]  you confused by words like the constitution or the federal reserve what if so you may be diagnosed
[01:44:09.540 --> 01:44:15.460]  with the deadliest disease known today stupidity hi my name is steve holt and like millions of
[01:44:15.460 --> 01:44:20.980]  other americans i was diagnosed with stupidity at an early age i had no idea that the number one
[01:44:20.980 --> 01:44:26.180]  cause of the disease is found in almost every home in america the television unfortunately that
[01:44:26.180 --> 01:44:31.540]  puts most americans at risk of catching stupidity but there is hope the staff at brave new books
[01:44:31.540 --> 01:44:36.340]  have helped me and thousands of other foxaholics suffering from sports zombieism recover and
[01:44:36.340 --> 01:44:40.980]  because of brave new books i now enjoy reading and watching educational documentaries without
[01:44:40.980 --> 01:44:46.820]  feeling tired or uninterested so if you or anybody you know suffers from stupidity then you need to
[01:44:46.820 --> 01:44:55.380]  call 512-480-2503 or visit them in 1904 guadalupe or brave new bookstore.com side effects from using
[01:44:55.380 --> 01:44:58.980]  brave new books products may include discernment and enlarged vocabulary and an overall increase
[01:44:58.980 --> 01:45:05.460]  in mental functioning are you the plaintiff or defendant in a lawsuit win your case without an
[01:45:05.460 --> 01:45:12.020]  attorney with jurisdictionary the affordable easy to understand four cd course that will show you
[01:45:12.020 --> 01:45:19.300]  how in 24 hours step by step if you have a lawyer know what your lawyer should be doing
[01:45:19.300 --> 01:45:24.900]  if you don't have a lawyer know what you should do for yourself thousands have won with our step
[01:45:24.900 --> 01:45:32.340]  by step course and now you can too jurisdictionary was created by a licensed attorney with 22 years
[01:45:32.340 --> 01:45:38.340]  of case winning experience even if you're not in a lawsuit you can learn what everyone should
[01:45:38.340 --> 01:45:44.100]  understand about the principles and practices that control our american courts you'll receive
[01:45:44.100 --> 01:45:52.340]  our audio classroom video seminar tutorials forms for civil cases pro se tactics and much more
[01:45:52.340 --> 01:46:00.340]  please visit ruleoflawradio.com and click on the banner or call toll-free 866 LAW EASY
[01:46:22.420 --> 01:46:38.340]  see
[01:46:38.340 --> 01:46:53.900]  Welcome back to Rule of Law Radio, folks, 512, start again, 512-646-1984, James is the
[01:46:53.900 --> 01:47:01.340]  only one online, so call in, we've got another two and a quarter hours to go, so far so good.
[01:47:01.340 --> 01:47:08.060]  James, let me click go live, there we go, now James, now we can hear James.
[01:47:08.060 --> 01:47:20.180]  James, when you were talking about, you know what, I'm going to recall that, I had a question
[01:47:20.180 --> 01:47:24.300]  over the break and I screwed up and did not write it down, now I can't remember my question,
[01:47:24.300 --> 01:47:29.700]  so let's move forward and I'll try to remember my question.
[01:47:29.700 --> 01:47:32.140]  Does James have anything else he wishes to add?
[01:47:32.140 --> 01:47:38.580]  I've been listening for a while.
[01:47:38.580 --> 01:47:44.140]  Okay, well thanks for calling in James, appreciate your contribution, you've always got something
[01:47:44.140 --> 01:47:48.980]  good to say, don't be such a stranger.
[01:47:48.980 --> 01:47:51.300]  Won't be, talk to you later.
[01:47:51.300 --> 01:47:52.300]  Thank you James.
[01:47:52.300 --> 01:47:54.740]  Okay, so we've been talking about facts.
[01:47:54.740 --> 01:47:56.580]  We have.
[01:47:56.580 --> 01:48:02.660]  And along with the facts is the importance of getting these facts, getting good evidence
[01:48:02.660 --> 01:48:07.740]  from competent parties to ascertain the facts.
[01:48:07.740 --> 01:48:14.180]  Because now that I have facts, Steve, how am I going to use the facts?
[01:48:14.180 --> 01:48:20.020]  Well first thing I would do is I would put the finding of facts in form, I would reduce
[01:48:20.020 --> 01:48:28.780]  those finding of facts into writing in a motion or a pleading or a request to the court for
[01:48:28.780 --> 01:48:30.700]  some type of order.
[01:48:30.700 --> 01:48:33.700]  And now we need to back up the facts, how do we back up the facts?
[01:48:33.700 --> 01:48:37.940]  We back up the facts with competent evidence.
[01:48:37.940 --> 01:48:38.940]  Statutes?
[01:48:38.940 --> 01:48:39.940]  Statutes.
[01:48:39.940 --> 01:48:40.940]  Citations?
[01:48:40.940 --> 01:48:54.260]  When I say competent evidence, you've, when, okay, there's evidence, when we speak of evidence
[01:48:54.260 --> 01:48:58.260]  there's competent evidence, incompetent evidence.
[01:48:58.260 --> 01:49:06.220]  When a homeowner finds something wrong with their mortgage, that homeowner might reduce
[01:49:06.220 --> 01:49:11.540]  his findings to writing and submit his writing to the court.
[01:49:11.540 --> 01:49:16.140]  Problem, he is an interested party.
[01:49:16.140 --> 01:49:25.600]  Now the element of omission or misinterpretation or misconstruing the facts comes into play.
[01:49:25.600 --> 01:49:30.380]  So it always helps to have a professional find your facts for you.
[01:49:30.380 --> 01:49:38.380]  It makes your job as a drafter of motions and pleadings, a pro se litigant, a lot easier
[01:49:38.380 --> 01:49:40.860]  because now you've got something to work with.
[01:49:40.860 --> 01:49:45.240]  Something that you can get admitted into the record.
[01:49:45.240 --> 01:49:54.220]  So if I'm going to take these facts and now I have facts and I can go and see what evidence
[01:49:54.220 --> 01:50:05.380]  I can find to support these facts, and then I'm going to show the judge in writing how
[01:50:05.380 --> 01:50:15.420]  these facts are supported by this evidence and how this evidence now can be used in determining
[01:50:15.420 --> 01:50:17.060]  positive results from my arguments.
[01:50:17.060 --> 01:50:24.140]  You've got to get it on the record first, there's a process for getting your evidence
[01:50:24.140 --> 01:50:25.500]  on the record.
[01:50:25.500 --> 01:50:33.020]  Do not for a moment think that just because you put something in your pleading or motion
[01:50:33.020 --> 01:50:38.820]  that it is automatically admitted as evidence, it is not.
[01:50:38.820 --> 01:50:42.060]  Take for instance a substitute trustee's deed.
[01:50:42.060 --> 01:50:47.420]  You're going to challenge a substitute trustee's deed, and I'm just using the trustee's deed
[01:50:47.420 --> 01:50:49.380]  as an example.
[01:50:49.380 --> 01:50:57.940]  If you're going to challenge this instrument or this document, you would, I would tell
[01:50:57.940 --> 01:51:08.920]  the court, your honor, I have here a two page document titled substitute trustee's deed.
[01:51:08.920 --> 01:51:11.340]  May I approach?
[01:51:11.340 --> 01:51:13.540]  You hold it up, show the judge what you got.
[01:51:13.540 --> 01:51:15.260]  Yes, you may approach.
[01:51:15.260 --> 01:51:21.580]  Be sure you've got three copies of this because you're going to give one copy to opposing
[01:51:21.580 --> 01:51:22.740]  counsel.
[01:51:22.740 --> 01:51:28.000]  You will show your other copies to opposing counsel so that he can compare them to make
[01:51:28.000 --> 01:51:31.700]  sure that they are all identical.
[01:51:31.700 --> 01:51:40.180]  If they are all identical, this is his opportunity to object to you bringing this piece of evidence
[01:51:40.180 --> 01:51:41.580]  to court.
[01:51:41.580 --> 01:51:46.060]  Now, if he has no objections, your honor may approach.
[01:51:46.060 --> 01:51:47.860]  Come on up.
[01:51:47.860 --> 01:51:52.580]  The judge may instruct you to hand them to him or hand them to the court reporter.
[01:51:52.580 --> 01:52:01.380]  The court reporter will then, I'm sorry, the judge will then get a copy of it and he will
[01:52:01.380 --> 01:52:04.540]  say, okay, I will allow this into evidence.
[01:52:04.540 --> 01:52:10.860]  Then the court reporter will stamp that or put a sticker on it, exhibit A or exhibit
[01:52:10.860 --> 01:52:17.700]  one, depending on the venue, depending on the party, and then it is entered into evidence.
[01:52:17.700 --> 01:52:24.340]  You've got to take that thing out of your pleading and get it entered into the record
[01:52:24.340 --> 01:52:25.660]  of evidence.
[01:52:25.660 --> 01:52:33.120]  And if you do not put it in your pleading, what opposing counsel is going to do when
[01:52:33.120 --> 01:52:40.060]  you raise the issue of the document that you're going to challenge, Randy started off on this.
[01:52:40.060 --> 01:52:46.100]  I would expect opposing counsel to jump up and say, objection, your honor.
[01:52:46.100 --> 01:52:47.980]  This assumes facts not in evidence.
[01:52:47.980 --> 01:52:54.180]  In other words, you didn't put it in your pleading and it calls for a legal conclusion.
[01:52:54.180 --> 01:52:55.180]  You're in trouble.
[01:52:55.180 --> 01:52:57.260]  You're not going to get that on the record.
[01:52:57.260 --> 01:53:00.320]  The judge is going to say sustained.
[01:53:00.320 --> 01:53:01.540]  You can put your document away.
[01:53:01.540 --> 01:53:04.340]  You're not going to use it.
[01:53:04.340 --> 01:53:07.000]  Why can't he use it?
[01:53:07.000 --> 01:53:09.900]  Why can't he use it because he, okay.
[01:53:09.900 --> 01:53:12.460]  Number one, he didn't put it in his pleading.
[01:53:12.460 --> 01:53:17.780]  So it's not before the court.
[01:53:17.780 --> 01:53:21.900]  If you bring in a document that you didn't mention in your pleading, that's considered
[01:53:21.900 --> 01:53:26.060]  ambush litigation and this, if it's a civil case, you're not going to get that on the
[01:53:26.060 --> 01:53:27.060]  record.
[01:53:27.060 --> 01:53:34.540]  Now, wait a minute, you don't have to, okay, before you can enter something into evidence,
[01:53:34.540 --> 01:53:37.140]  you have to establish foundation for it.
[01:53:37.140 --> 01:53:38.140]  Correct.
[01:53:38.140 --> 01:53:39.140]  Correct.
[01:53:39.140 --> 01:53:44.820]  That was kind of where I was going to, if you establish foundation and you get it into
[01:53:44.820 --> 01:53:51.900]  the record and you don't mention it in your pleading, it don't mean anything.
[01:53:51.900 --> 01:53:52.900]  It's just there.
[01:53:52.900 --> 01:53:53.900]  Yeah.
[01:53:53.900 --> 01:53:59.380]  So that's the foundation, what, okay, excuse me with the, back to the substitute trustee's
[01:53:59.380 --> 01:54:00.380]  deed.
[01:54:00.380 --> 01:54:05.980]  Your honor, what this document shows is blah, blah, blah.
[01:54:05.980 --> 01:54:08.020]  Wait, wait, hold on, hold on.
[01:54:08.020 --> 01:54:10.020]  That's an argument in support.
[01:54:10.020 --> 01:54:11.020]  Okay.
[01:54:11.020 --> 01:54:18.020]  Your honor, on a certain day, a substitute trustee's sale was held on the courthouse
[01:54:18.020 --> 01:54:24.860]  steps or a substitute trustee's sale was held on the courthouse tapes on this day at this
[01:54:24.860 --> 01:54:31.580]  time by this individual as evidenced by a document filed in the county record under
[01:54:31.580 --> 01:54:35.340]  document number so-and-so titled trustee's deed.
[01:54:35.340 --> 01:54:38.700]  I have a copy of that trustee's deed, may I approach?
[01:54:38.700 --> 01:54:39.700]  There you go.
[01:54:39.700 --> 01:54:40.700]  Now, you-
[01:54:40.700 --> 01:54:45.660]  That's when you show the other side the copies, make sure they're all the same.
[01:54:45.660 --> 01:54:48.180]  It's his opportunity to object.
[01:54:48.180 --> 01:54:56.020]  If he has no objection, the court is kind of stuck, they've got all out.
[01:54:56.020 --> 01:55:04.100]  The purpose of establishing foundation is to give the other party opportunity to object
[01:55:04.100 --> 01:55:09.500]  to your establishment of foundation, object to the document, because if your foundation
[01:55:09.500 --> 01:55:15.540]  is insufficient, then the document's insufficient, then the other party should object.
[01:55:15.540 --> 01:55:27.260]  If the lawyer comes into court and states a fact about anything that occurred, what
[01:55:27.260 --> 01:55:29.580]  do you do, Steve?
[01:55:29.580 --> 01:55:30.580]  Objection.
[01:55:30.580 --> 01:55:31.580]  Why?
[01:55:31.580 --> 01:55:42.300]  Because it calls, let me read it, flip my paper over, assumes fact's not in evidence,
[01:55:42.300 --> 01:55:43.300]  calls for a legal conclusion.
[01:55:43.300 --> 01:55:44.300]  Lawyer?
[01:55:44.300 --> 01:55:45.300]  No, he's a lawyer.
[01:55:45.300 --> 01:55:46.300]  He's not the principal.
[01:55:46.300 --> 01:55:47.300]  Oh, he can't testify.
[01:55:47.300 --> 01:55:48.300]  Right.
[01:55:48.300 --> 01:55:49.300]  If he doesn't produce-
[01:55:49.300 --> 01:56:02.820]  If he doesn't establish standing for an affidavit, sworn to by a party with firsthand knowledge,
[01:56:02.820 --> 01:56:08.380]  and then enter that in the record, he can talk about what's in that affidavit.
[01:56:08.380 --> 01:56:15.420]  But if the affidavit has been entered, he cannot state facts to the court himself.
[01:56:15.420 --> 01:56:23.220]  I think for a better example, I probably should have used, since you said affidavit, I should
[01:56:23.220 --> 01:56:30.260]  probably have used an affidavit of business records, because that is one of the easiest
[01:56:30.260 --> 01:56:32.700]  things to attack.
[01:56:32.700 --> 01:56:38.820]  There are so many plugs you can pull out of that thing and sync it, because they always
[01:56:38.820 --> 01:56:45.020]  mess up on an affidavit of business records.
[01:56:45.020 --> 01:56:49.860]  For one thing, they will say, to the best of my knowledge, sorry, the best of your knowledge
[01:56:49.860 --> 01:56:53.260]  is not good enough.
[01:56:53.260 --> 01:56:56.540]  The best of your knowledge is hearsay.
[01:56:56.540 --> 01:57:04.900]  Yeah, and every one of these affidavits go that way, because the person making the affidavit
[01:57:04.900 --> 01:57:12.620]  has never seen the documents, and they always testify that they're familiar with the business
[01:57:12.620 --> 01:57:13.620]  practices.
[01:57:13.620 --> 01:57:14.620]  Well, so what?
[01:57:14.620 --> 01:57:23.820]  Well, then you go to USA versus Hibernia National Bank.
[01:57:23.820 --> 01:57:25.620]  And what was the decision in Hibernia?
[01:57:25.620 --> 01:57:33.700]  The decision was that standard banking operating practices do not override statutory requirements
[01:57:33.700 --> 01:57:34.700]  of law.
[01:57:34.700 --> 01:57:35.700]  Sweet.
[01:57:35.700 --> 01:57:41.900]  That wasn't really where I was going.
[01:57:41.900 --> 01:57:50.700]  If he testifies that he is aware of the standard practices of this law firm, that doesn't have
[01:57:50.700 --> 01:57:52.780]  anything to do with the instant case.
[01:57:52.780 --> 01:57:54.780]  No, it sure doesn't.
[01:57:54.780 --> 01:58:01.580]  What he has to testify to is that he has personal knowledge that they specifically did these
[01:58:01.580 --> 01:58:04.580]  things.
[01:58:04.580 --> 01:58:07.060]  Otherwise, it's just hearsay.
[01:58:07.060 --> 01:58:11.220]  And if he wasn't at closing or the affiant wasn't at closing, they don't know.
[01:58:11.220 --> 01:58:15.460]  All they can testify is to what they have on their records there at their office.
[01:58:15.460 --> 01:58:19.780]  Sorry, Charlie, not good enough.
[01:58:19.780 --> 01:58:23.380]  Okay, we are about to go to break.
[01:58:23.380 --> 01:58:24.380]  We are.
[01:58:24.380 --> 01:58:25.980]  We are about to go to the top of the hour break.
[01:58:25.980 --> 01:58:28.860]  We are going into our third hour.
[01:58:28.860 --> 01:58:29.860]  Phone lines are open.
[01:58:29.860 --> 01:58:31.940]  We will keep them open all night.
[01:58:31.940 --> 01:58:34.260]  Take questions on any topic.
[01:58:34.260 --> 01:58:37.140]  This is Randy Kelton, Steve Skidmore with La Radio.
[01:58:37.140 --> 01:58:39.060]  Where did the babies come from?
[01:58:39.060 --> 01:58:44.300]  There is another guy here, Joe Escobel.
[01:58:44.300 --> 01:58:45.300]  Give us a call.
[01:58:45.300 --> 01:58:46.300]  Get in line.
[01:58:46.300 --> 01:58:47.300]  We will take all your calls.
[01:58:47.300 --> 01:58:50.420]  We will be right back.
[01:58:50.420 --> 01:58:54.220]  The Bible remains the most popular book in the world.
[01:58:54.220 --> 01:58:58.660]  But countless readers are frustrated because they struggle to understand it.
[01:58:58.660 --> 01:59:04.060]  Some new translations try to help by simplifying the text, but in the process can compromise
[01:59:04.060 --> 01:59:07.300]  the profound meaning of the scripture.
[01:59:07.300 --> 01:59:09.060]  Enter the recovery version.
[01:59:09.060 --> 01:59:15.020]  First, this new translation is extremely faithful and accurate, but the real story is the more
[01:59:15.020 --> 01:59:18.740]  than 9,000 explanatory footnotes.
[01:59:18.740 --> 01:59:23.740]  Difficult and profound passages are opened up in a marvelous way, providing an entrance
[01:59:23.740 --> 01:59:28.420]  into the riches of the Word beyond which you have ever experienced before.
[01:59:28.420 --> 01:59:33.580]  Bibles from America would like to give you a free recovery version simply for the asking.
[01:59:33.580 --> 01:59:44.020]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[01:59:44.020 --> 01:59:48.020]  or by ordering online at freestudybible.com.
[01:59:48.020 --> 01:59:49.020]  That is freestudybible.com.
[01:59:49.020 --> 01:59:55.820]  You are listening to the Logos Radio Network, logosradionetwork.com.