ROL_2014-05-02_16k_Hr1-2.timecode

[00:00.000 --> 00:07.400]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.400 --> 00:08.400]  at thelibertybeat.com.
[00:08.400 --> 00:13.360]  I'm Brian Hagan with your Liberty Beat for Friday, May 2, 2014.
[00:13.360 --> 00:22.440]  Gold opens today at $1,279, silver open at $19.04, and Bitcoin is trading at $447.50.
[00:22.440 --> 00:26.600]  Support for the Liberty Beat comes from Affordable Sound, CD and DVD duplication for all your
[00:26.600 --> 00:34.480]  print and audio duplication needs, online, affordablesound.com, or call them up, 512-459-5253.
[00:34.480 --> 00:38.960]  And support comes from Voice in Exit, maximizing human flourishing through radical innovation.
[00:38.960 --> 00:44.520]  Tickets on sale now, get 10% off with promo code FREEDOM, June 21 at Austin Music Hall.
[00:44.520 --> 00:47.200]  Get yours, voiceinexit.com.
[00:47.200 --> 00:51.960]  In the news, a one-stop shop to hold police accountable for their misconduct is launched
[00:51.960 --> 00:54.960]  with accountableauthority.com, now online.
[00:54.960 --> 01:00.040]  When you go to court, your best friend is not the judge, it's not your defense attorney,
[01:00.040 --> 01:01.040]  it's the jury.
[01:01.040 --> 01:06.320]  If you had access, you'd be able to show the jury, hey, this officer is a serial liar.
[01:06.320 --> 01:09.760]  We know that he's been lying to juries over and over again.
[01:09.760 --> 01:12.000]  We know that he's filed false police reports.
[01:12.000 --> 01:13.960]  He's been caught several times.
[01:13.960 --> 01:18.160]  That's accountable authority founder, Daniel Berman, who says the once-missing access to
[01:18.160 --> 01:22.760]  police misconduct is what's being compiled through the public health at the website.
[01:22.760 --> 01:28.480]  You can actually post that information for free to a public database where basically
[01:28.480 --> 01:33.680]  if you are caught and you're charged illegally by an officer, you can actually find out if
[01:33.680 --> 01:36.360]  this officer has other false reports that he's filed.
[01:36.360 --> 01:40.520]  Berman encourages all members of the public to document any interaction with police.
[01:40.520 --> 01:45.120]  Video record anytime contact is made and to post and upload any instances of abuse at
[01:45.120 --> 01:49.280]  accountableauthority.com.
[01:49.280 --> 01:53.240]  The battle for clean water continues as another Texas city joins the fight.
[01:53.240 --> 01:57.200]  Beaumont, Texas is debating whether or not to remove fluoride from the water supply.
[01:57.200 --> 02:01.520]  The city's water utilities director believes the substance is corroding water pipes.
[02:01.520 --> 02:05.640]  Councilman Michael Gapp said he's heard from constituents regarding fluoride concerns,
[02:05.640 --> 02:09.480]  but Councilman Dr. Alan Coleman said he believes fluoride to be safe and reliable and will
[02:09.480 --> 02:13.920]  provide data backing such claims from the Texas Dental Association.
[02:13.920 --> 02:17.760]  Support for the Liberty Beat comes from Roberts and Roberts Brokerage, Inc., specializing
[02:17.760 --> 02:20.440]  in precious metals since 1977.
[02:20.440 --> 02:24.640]  They don't feed the banks by taking credit cards, but you can bet they take bitcoin.
[02:24.640 --> 02:30.040]  Online, rrbi.co or by phone, 800-874-9760.
[02:30.040 --> 02:33.680]  Support also comes from Central Texas Gunworks, home of one of the first bitcoin ATMs in the
[02:33.680 --> 02:36.240]  country, where you can buy and sell bitcoin.
[02:36.240 --> 02:40.600]  Visit the ATM, 321 West Bend, White Boulevard, number 203.
[02:40.600 --> 02:45.760]  And support comes from Cabo Bops, non-GMO chips, homemade tortillas, and no high fructose
[02:45.760 --> 02:49.800]  corn syrup in anything, online, cabobobs.com.
[02:49.800 --> 02:53.440]  This is the Liberty Beat for Friday, May 2nd, 2014.
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[06:24.880 --> 06:27.920]  Good evening, everybody, welcome to Rule of Law Radio.
[06:27.920 --> 06:37.600]  Excuse me, tonight is the second day of May 2014, and Mr. Kelton has a very special guest
[06:37.600 --> 06:42.640]  on the line, a name that a lot of people will be very familiar with, those who are in the
[06:42.640 --> 06:46.160]  pro se circuit, done their own research and been online.
[06:46.160 --> 06:49.960]  Mr. Richard Cornforth is with us.
[06:49.960 --> 06:52.240]  Very pleased to have Mr. Cornforth with us.
[06:52.240 --> 06:55.280]  Randy, are you out there, sir?
[06:55.280 --> 06:59.200]  Glad to have you.
[06:59.200 --> 07:06.720]  Okay, Randy got kicked off, so our producer will bring Randy back on.
[07:06.720 --> 07:12.320]  You kind of caught me off guard there, Richard, I don't know what, I know Randy invited you
[07:12.320 --> 07:15.320]  on, but I don't know what topics he wanted to discuss.
[07:15.320 --> 07:20.440]  So while we're waiting for Randy to chime in, why don't you give us a little background
[07:20.440 --> 07:29.160]  on who... Okay, well, I don't like to energize your bunny.
[07:29.160 --> 07:33.560]  You just wanted me out and watched me go.
[07:33.560 --> 07:38.520]  Back in the early days, I'd say it was good to have me start in the morning and face west,
[07:38.520 --> 07:44.680]  that way when the sun went down, I knew it was time to quit, but we're well off the sundown.
[07:44.680 --> 07:52.760]  I have no means to know who your audience, what knowledge they may have of what I came
[07:52.760 --> 07:57.680]  to call the Secrets of the Legal Industry Project, but to...
[07:57.680 --> 08:00.080]  Richard, this is... Yeah.
[08:00.080 --> 08:02.040]  This is Randy Kelt and I'm back up.
[08:02.040 --> 08:05.640]  We have a very sophisticated audience.
[08:05.640 --> 08:06.640]  Okay.
[08:06.640 --> 08:14.880]  The biggest mistake I have made with my audience is not trusting their depth of knowledge.
[08:14.880 --> 08:15.880]  Okay.
[08:15.880 --> 08:19.280]  So I wouldn't... Don't be bashful about taking our audience
[08:19.280 --> 08:20.280]  on.
[08:20.280 --> 08:21.280]  Okay.
[08:21.280 --> 08:22.280]  All right.
[08:22.280 --> 08:32.360]  Is there a particular topic area that you'd like to hear me expand what I know on?
[08:32.360 --> 08:40.280]  I would kind of like to go over the basics, someone who gets accused of a crime or gets
[08:40.280 --> 08:45.160]  sued and has no idea what's coming at him.
[08:45.160 --> 08:49.560]  What are the basics a person should know when they walk in the door?
[08:49.560 --> 09:01.400]  Well, actually, that's a great place to start and as I began to teach to groups way back
[09:01.400 --> 09:09.360]  in 2001, you want to make sure that you do not over-complicate what you're involved
[09:09.360 --> 09:10.360]  in.
[09:10.360 --> 09:14.680]  That's the lawyer's job, is to complicate it, make it confusing.
[09:14.680 --> 09:22.360]  And so over the years, we developed what we refer to as a mansion and when I say we, Marie
[09:22.360 --> 09:29.160]  of course joined the project back about six years ago and we've had other teachers.
[09:29.160 --> 09:36.120]  The focus has always been to be teacher coaches, to get people to be proactive and you go start
[09:36.120 --> 09:38.600]  with the baseline and here it is.
[09:38.600 --> 09:45.480]  I don't care what the issue is, whether it's criminal, whether it's civil, quasi criminal
[09:45.480 --> 09:52.200]  or whether it's administrative, whether it's a tax issue, foreclosure, whatever it is,
[09:52.200 --> 10:00.240]  we like to get people to subscribe to what we've called the mantrum of the Helms Society
[10:00.240 --> 10:02.560]  School.
[10:02.560 --> 10:09.840]  You have a known, you have a legal jeopardy when there is a known duty, the breach of
[10:09.840 --> 10:19.820]  which has caused damages as attested to by at least one competent fact witness testifying
[10:19.820 --> 10:24.000]  under oath subject cross examination regarding authenticated evidence.
[10:24.000 --> 10:29.680]  In other words, it doesn't matter what it is, we've got to know who, did what, where
[10:29.680 --> 10:34.280]  did they do it, when did they do it, how did they do it, what law was violated, who is
[10:34.280 --> 10:36.720]  the victim and what are the damages.
[10:36.720 --> 10:41.280]  So it's a known duty, the breach of which is the causation of damages as attested to
[10:41.280 --> 10:47.760]  by one competent fact witness testifying under oath subject cross examination regarding authenticated
[10:47.760 --> 10:48.760]  evidence.
[10:48.760 --> 10:49.760]  That's it.
[10:49.760 --> 10:58.040]  That's all you fundamentally need to know about your approach to any legal problem from
[10:58.040 --> 11:10.320]  any angle and having studied this situation now for actually coming up on 28 years, what
[11:10.320 --> 11:19.560]  I've seen is a consistent fallacy in what I refer to as the legal industry.
[11:19.560 --> 11:25.260]  There's never any competent fact witness.
[11:25.260 --> 11:34.440]  So it doesn't matter what the circumstance is, the question is always one from their
[11:34.440 --> 11:38.360]  perspective of morality.
[11:38.360 --> 11:44.840]  They always equate you, their target, as a bad person.
[11:44.840 --> 11:49.040]  You did something bad, you didn't pay your fair share of taxes, you're trying to cheat
[11:49.040 --> 11:53.080]  my client, you didn't make your mortgage payments, so that's fine.
[11:53.080 --> 11:59.200]  They try to reduce you psychologically to the behavior of a child and they want you
[11:59.200 --> 12:01.080]  to make you feel bad.
[12:01.080 --> 12:09.840]  I am a bad child and so the first obstacle that people need to overcome is law has nothing
[12:09.840 --> 12:14.640]  to do with morality.
[12:14.640 --> 12:20.760]  Law is about one thing and one thing only, duty.
[12:20.760 --> 12:25.000]  Tell me the duty that I've reached.
[12:25.000 --> 12:31.720]  And so you have to begin with that fundamental baseline to keep them from casting you in
[12:31.720 --> 12:33.840]  a false morality.
[12:33.840 --> 12:39.800]  Does that make sense?
[12:39.800 --> 12:46.120]  Yes, it does.
[12:46.120 --> 12:50.880]  We are experiencing some technical difficulty, Richard, I do apologize, we're trying to
[12:50.880 --> 12:54.760]  get it worked out on the background, but I believe we're going through, go ahead.
[12:54.760 --> 12:57.760]  It does make sense.
[12:57.760 --> 13:06.040]  Alright, so this is what I began to teach people way back in 2001 when I had a seminar
[13:06.040 --> 13:12.840]  and I wanted to start with something simple so that I could give people a project with
[13:12.840 --> 13:15.480]  the attitude of winning.
[13:15.480 --> 13:21.320]  Because people have to believe that they can go to court and actually win.
[13:21.320 --> 13:31.600]  And so the main focus was on teaching people how to beat a lawsuit for credit card collection.
[13:31.600 --> 13:40.200]  And there's a lot of angles to what that whole venue is about, but you basically challenge
[13:40.200 --> 13:49.360]  them because we know it's a big racket, credit card collection is a big racket, lawyers buy
[13:49.360 --> 13:54.080]  credit card charge-offs and then they sue you because you're a bad person.
[13:54.080 --> 14:00.400]  The way to stop this racket is to say, well, wait a minute, I don't know that I have a
[14:00.400 --> 14:05.120]  duty to your client, can you prove that?
[14:05.120 --> 14:15.360]  Well, you have a credit card with Visa, I do, well you don't, well wait a minute, now
[14:15.360 --> 14:21.280]  let's get something straight here, you have the burden of proof and I need to know why
[14:21.280 --> 14:23.600]  you think you should sue me.
[14:23.600 --> 14:30.320]  Well you had a Visa card, you ran up a big dent, you didn't pay it off and now you're
[14:30.320 --> 14:34.000]  being sued for collection, okay?
[14:34.000 --> 14:41.540]  I still don't understand why I'm here, I need to know what this is about, same way
[14:41.540 --> 14:47.760]  with taxes, same way with mortgage foreclosure, same way with almost everything, get the focus
[14:47.760 --> 14:50.440]  on I need to know what this is about.
[14:50.440 --> 14:55.080]  Well you didn't make your mortgage payment and so we're going to take your house, you're
[14:55.080 --> 14:57.080]  going to do what?
[14:57.080 --> 15:01.000]  Well you didn't make your mortgage payment, you had to make your mortgage payments.
[15:01.000 --> 15:04.280]  I don't know what a mortgage payment is, you don't?
[15:04.280 --> 15:12.160]  No, no, where's the contract that I signed obligating me to make payments?
[15:12.160 --> 15:18.560]  Well right here is a copy of the mortgage, well to me that looks like that has something
[15:18.560 --> 15:25.720]  to do with my house, but I need to know, I need to see a copy of the contract that I
[15:25.720 --> 15:32.560]  signed agreeing to make payments, now let's start with that, show me where I agreed to
[15:32.560 --> 15:42.200]  make payments and all of a sudden the entire focus of everything that has anything to do
[15:42.200 --> 15:51.040]  with law shifts because we're getting back to the equation, I might be a bad person,
[15:51.040 --> 15:57.160]  that's not what this is about, I need to know what duty I breached, show me where I breached
[15:57.160 --> 16:03.800]  the duty, saying well you didn't pay your fair share taxes, well you know I feel awfully
[16:03.800 --> 16:09.680]  bad if I didn't do something I should have done, but what was the statute that imposed
[16:09.680 --> 16:14.080]  a duty on me to pay taxes, can you tell me that?
[16:14.080 --> 16:19.200]  That's where I need to start because I just don't really understand what you want with
[16:19.200 --> 16:20.200]  me.
[16:20.200 --> 16:23.200]  And that's where it all tends to fly apart isn't it?
[16:23.200 --> 16:33.240]  Yeah and this is that thing they tend to talk about called foundation, you make this assertion
[16:33.240 --> 16:39.280]  and I want to see some foundation, show me the law, show me the article in the contract,
[16:39.280 --> 16:44.960]  show me something, yeah show me something that imposed a duty on me that I breached
[16:44.960 --> 16:50.080]  and who says that I breached that duty, stay right there Richard we got a break coming
[16:50.080 --> 16:57.440]  up, 512-646-1984 is the number to dial folks and we will be right back after these brief
[16:57.440 --> 17:00.720]  messages, stay tuned.
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[18:49.880 --> 18:58.960]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:58.960 --> 19:12.120]  collectors now.
[19:28.960 --> 19:58.480]  Welcome back to Rule of Law's Friday Night 4-Hour Marathon, this second day of May 2014.
[19:58.480 --> 20:03.240]  We have a very special guest Richard Kornforth on the line with us and Richard if you can
[20:03.240 --> 20:07.280]  remember where you left off, take it to the ground and run it.
[20:07.280 --> 20:11.080]  You had a good, you had full furl of sales.
[20:11.080 --> 20:22.920]  It's a never ending circle with me, but not to insult the intelligence of any of your
[20:22.920 --> 20:27.760]  listeners because I've already been informed that they're a very astute group and I really
[20:27.760 --> 20:28.760]  appreciate that.
[20:28.760 --> 20:40.320]  But to get back in the state where I have been teaching for many years now, I had to
[20:40.320 --> 20:46.600]  put things in a simplified format and I had to teach people what I call the secrets of
[20:46.600 --> 20:52.720]  the legal industry and one of the really astounding secrets of the legal industry is probably
[20:52.720 --> 20:58.240]  your listeners know, but most people don't know, in fact most lawyers don't know and
[20:58.240 --> 21:05.560]  even most judges don't know, is the definition of subject matter jurisdiction.
[21:05.560 --> 21:12.440]  You don't get anywhere in any type of proceeding until you establish that the forum has subject
[21:12.440 --> 21:14.400]  matter jurisdiction.
[21:14.400 --> 21:20.080]  So what's a concise definition of subject matter jurisdiction?
[21:20.080 --> 21:26.200]  Subject matter jurisdiction is the statute, the contract or the common law authority that
[21:26.200 --> 21:28.760]  establishes a duty.
[21:28.760 --> 21:35.120]  It imposes the duty on someone to do something, but that's only one half of subject matter
[21:35.120 --> 21:36.680]  jurisdiction.
[21:36.680 --> 21:42.640]  The other half of subject matter jurisdiction is the factual sufficiency of a claim.
[21:42.640 --> 21:49.400]  In other words, a victim states that they have damages in fact because you breached
[21:49.400 --> 21:50.400]  that duty.
[21:50.400 --> 21:58.720]  Now, to me that's the simplest thing in the world, but courts typically have absolutely
[21:58.720 --> 22:02.120]  nothing to do with subject matter jurisdiction.
[22:02.120 --> 22:08.400]  It's a matter of some lawyer saying that you're a bad person, the judge agrees, he gives him
[22:08.400 --> 22:13.920]  a rubber stamp and now you've lost your money, your property or your liberty.
[22:13.920 --> 22:20.280]  So I began many years ago teaching people to hold up a stop sign and say, wait a minute,
[22:20.280 --> 22:24.400]  we need to establish the subject matter jurisdiction of this court.
[22:24.400 --> 22:31.960]  Well, back in the early days, very few people had ever heard of subject matter jurisdiction.
[22:31.960 --> 22:36.760]  They thought, well, if they get service on you, they've got jurisdiction over you.
[22:36.760 --> 22:39.640]  Well that's in personam jurisdiction.
[22:39.640 --> 22:44.960]  The most important thing to understand is they have to have subject matter jurisdiction.
[22:44.960 --> 22:52.240]  There has to be some evidence that you had a duty and that you breached that duty and
[22:52.240 --> 22:56.880]  it resulted in damages and somebody has testified to those damages.
[22:56.880 --> 23:03.520]  Now, putting in the context of a mortgage foreclosure, for example, people are sued
[23:03.520 --> 23:08.560]  by the thousands every day for mortgage foreclosure.
[23:08.560 --> 23:16.280]  So they get service on the person, the lawyer runs into court, confers with his buddy, the
[23:16.280 --> 23:21.000]  judge and says, well, Randy's a bad person, he didn't make his mortgage payments.
[23:21.000 --> 23:23.320]  Oh, he's trying to get a house for free.
[23:23.320 --> 23:24.320]  He's one of those rascals.
[23:24.320 --> 23:29.440]  Well, I'll just give you a judge, but you go take his house right now.
[23:29.440 --> 23:35.640]  And alarmingly, this has only happened maybe about five to 10 million times.
[23:35.640 --> 23:39.200]  Yeah, that's consistent from the bench.
[23:39.200 --> 23:47.600]  So the thing that I had to teach people to do was not complicated.
[23:47.600 --> 23:54.640]  Go in, answer in court and say, well, wait a minute, this court does not have subject
[23:54.640 --> 23:55.640]  matter jurisdiction.
[23:55.640 --> 23:57.920]  Well, where'd you get that nonsense?
[23:57.920 --> 24:04.600]  Well, this court doesn't have subject matter jurisdiction because this court has not shown
[24:04.600 --> 24:13.320]  the contract that imposed the duty on me to make payments on that contract.
[24:13.320 --> 24:24.800]  And it has not been established that the contract for debt matches the mortgage contract.
[24:24.800 --> 24:29.600]  So you don't have the raise, you don't have the rem and you don't have anybody here to
[24:29.600 --> 24:32.520]  testify that I didn't make the payments.
[24:32.520 --> 24:34.320]  Well, did you make the payments?
[24:34.320 --> 24:35.320]  Oh, excuse me.
[24:35.320 --> 24:37.880]  I don't think I have the burden of proof.
[24:37.880 --> 24:44.320]  Richard, for the benefit of the listeners who don't know, define res and rem.
[24:44.320 --> 24:50.600]  Res is the thing that's the idea of the case.
[24:50.600 --> 24:52.880]  What is this idea that we're talking about?
[24:52.880 --> 24:56.520]  The rem is the hard currency of the case.
[24:56.520 --> 25:02.680]  So in other words, the raise defines what imposed the duty.
[25:02.680 --> 25:04.080]  That's what it's about.
[25:04.080 --> 25:10.400]  The rem is how that duty is going to be satisfied in judgment.
[25:10.400 --> 25:17.240]  So we just have these incredible, incredible tools that we're not using.
[25:17.240 --> 25:26.560]  And so my mission has always been to be an educator and a coach to teach people the intricacies,
[25:26.560 --> 25:28.560]  the secrets of the legal industry.
[25:28.560 --> 25:36.720]  And right now there is an incredible opportunity with the area of mortgage foreclosure.
[25:36.720 --> 25:41.120]  And I don't care if it's mortgage foreclosure that happened 10 years ago.
[25:41.120 --> 25:47.400]  I don't care if it's a deed of trust in a non-judicial foreclosure state.
[25:47.400 --> 25:50.440]  People are being robbed and it's a racket.
[25:50.440 --> 25:52.120]  Why is it a racket?
[25:52.120 --> 25:53.760]  Because they're collecting a false debt.
[25:53.760 --> 25:55.120]  Who is they?
[25:55.120 --> 25:56.120]  The banks?
[25:56.120 --> 25:57.440]  Big bad banks?
[25:57.440 --> 26:01.880]  No bank ever foreclosed on anybody.
[26:01.880 --> 26:06.320]  It takes lawyers and judges to foreclose.
[26:06.320 --> 26:09.720]  They're the ones that are scamming the people.
[26:09.720 --> 26:20.480]  Now, subject matter jurisdiction is absolutely the best place to go first because that one
[26:20.480 --> 26:23.840]  is the one that puts the judge in the line of fire.
[26:23.840 --> 26:27.640]  Once raised, it's got to be proven.
[26:27.640 --> 26:32.880]  Yeah, let me expand on that and let's understand why.
[26:32.880 --> 26:40.680]  There are two incredibly valuable federal statutes that relate to racketeering, 18 U.S.C.
[26:40.680 --> 26:43.240]  1961 and 1962.
[26:43.240 --> 26:50.880]  Now, when we're talking about mortgage foreclosures, we're not talking about the collection of
[26:50.880 --> 26:52.440]  unlawful debt.
[26:52.440 --> 27:02.240]  We're talking about a false debt, attempting to collect a false debt for a principal.
[27:02.240 --> 27:07.840]  You have two contracts when you purchase property on a mortgage.
[27:07.840 --> 27:11.960]  You've got the promissory note, you've got the mortgage contract.
[27:11.960 --> 27:16.520]  As far as what they have at the courthouse, if it's a judicial foreclosure state, they're
[27:16.520 --> 27:25.640]  going to have the mortgage lien, which most people think is on their property.
[27:25.640 --> 27:32.000]  No, a mortgage lien is not a lien on your property.
[27:32.000 --> 27:39.920]  A mortgage lien is a lien on the promissory note and a similar apparatus works.
[27:39.920 --> 27:43.320]  Right, the property is just held in collateral.
[27:43.320 --> 27:49.560]  It is the ram to extinguish the debt.
[27:49.560 --> 27:55.480]  Now, here's why this is so important.
[27:55.480 --> 28:04.660]  Once the promissory note and the mortgage lien or the deed of trust, once those two
[28:04.660 --> 28:13.280]  documents become separate as to the party, it's no longer a secured debt.
[28:13.280 --> 28:16.480]  Okay, so why is that significant?
[28:16.480 --> 28:19.360]  Can they still collect on a promissory note?
[28:19.360 --> 28:21.620]  Yes, if they have one.
[28:21.620 --> 28:27.200]  If they have that original promissory note, they can still collect, but they cannot take
[28:27.200 --> 28:31.160]  the property.
[28:31.160 --> 28:36.960]  Unless they want the property, they've got to file a judgment lien.
[28:36.960 --> 28:44.000]  It has to go to a licensed bonded debt collector and they have to post a double bond.
[28:44.000 --> 28:50.520]  If they do all that now, they can come take the property because it's not the ram that
[28:50.520 --> 28:53.280]  matches the raise.
[28:53.280 --> 28:59.640]  It is simply property that you own that can be taken in satisfaction of judgment.
[28:59.640 --> 29:06.760]  However, protected by homestead, so it can't be taken.
[29:06.760 --> 29:15.640]  Every time you have XYZ holding mortgage backed securities, blah, blah, blah, as a certificate
[29:15.640 --> 29:21.360]  holder coming and suing you, that's fraud number one, but when they're saying, well,
[29:21.360 --> 29:28.360]  we're suing you because you have a mortgage with Bank of America, okay, that's fraud number
[29:28.360 --> 29:36.160]  two, because that became an unsecured debt once the original promissory note became separated
[29:36.160 --> 29:39.000]  from the mortgage contract.
[29:39.000 --> 29:40.000]  So every time they take the property-
[29:40.000 --> 29:41.000]  Okay, okay.
[29:41.000 --> 29:42.000]  Hang on, hang on, Richard.
[29:42.000 --> 29:43.400]  We're about to go to break.
[29:43.400 --> 29:48.400]  This is Randy Kelton, Debbie Stevens, Steve Skidmore, Joe Esquivel.
[29:48.400 --> 29:55.360]  I don't hear him here, but he may be here later with our special guest, Richard Kornforth.
[29:55.360 --> 29:56.360]  Give us a call.
[29:56.360 --> 29:57.360]  Ask us a question.
[29:57.360 --> 29:58.360]  We'll be right back.
[29:58.360 --> 30:05.360]  What causes hiccups and how can you get rid of them?
[30:05.360 --> 30:06.360]  Sick.
[30:06.360 --> 30:07.360]  I'd sure like to know.
[30:07.360 --> 30:10.920]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment to share recommended tears
[30:10.920 --> 30:14.600]  for this annoying and embarrassing problem.
[30:14.600 --> 30:15.600]  Sick.
[30:15.600 --> 30:17.200]  Privacy is under attack.
[30:17.200 --> 30:20.800]  When you give up data about yourself, you'll never get it back again.
[30:20.800 --> 30:25.580]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.580 --> 30:30.640]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.640 --> 30:33.360]  Privacy, it's worth hanging on to.
[30:33.360 --> 30:37.640]  This public service announcement is brought to you by Startpage.com, the private search
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[30:44.480 --> 30:48.080]  Hiccups are caused by quick and voluntary contractions of the diaphragm.
[30:48.080 --> 30:52.120]  The diaphragm is the muscle just underneath your rib cage that helps you breathe.
[30:52.120 --> 30:53.440]  Hiccups usually go away by themselves.
[30:53.440 --> 30:54.440]  It just takes time.
[30:54.440 --> 30:58.200]  But if you can't wait, try one of these time-tested remedies.
[30:58.200 --> 31:00.120]  Hold your breath for short periods.
[31:00.120 --> 31:03.160]  Take a mouthful of water and swallow it upside down.
[31:03.160 --> 31:08.280]  Breathe in and out of a paper bag, or swallow a teaspoon of vinegar or, surprisingly, a
[31:08.280 --> 31:09.280]  teaspoon of sugar.
[31:09.280 --> 31:12.920]  Hiccups that won't go away could signal a serious medical condition.
[31:12.920 --> 31:17.000]  If they last for more than 48 hours, you've experienced other symptoms, it's time to
[31:17.000 --> 31:18.000]  see a doctor.
[31:18.000 --> 31:19.680]  I'm Dr. Catherine Albrecht.
[31:19.680 --> 31:30.800]  More news and information at CatherineAlbrecht.com.
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[31:59.480 --> 32:05.120]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.120 --> 32:07.520]  In today's America, we live in an us-against-them society.
[32:07.520 --> 32:10.760]  If we, the people, are ever going to have a free society, then we're going to have to
[32:10.760 --> 32:12.560]  stand and defend our own rights.
[32:12.560 --> 32:16.080]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.080 --> 32:19.800]  in our own private capacity, and most importantly, the right to due process of law.
[32:19.800 --> 32:23.960]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:23.960 --> 32:25.320]  our rights through due process.
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[32:29.320 --> 32:33.080]  most comprehensive teaching tool available that will help you understand what due process
[32:33.080 --> 32:35.480]  is and how to hold courts to the rule of law.
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[32:39.520 --> 32:40.800]  ordering your copy today.
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[32:44.080 --> 32:48.560]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:48.560 --> 32:50.480]  documents and other useful resource material.
[32:50.480 --> 32:54.840]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.840 --> 33:24.200]  Order your copy today and together we can have the free society we all want and deserve.
[33:25.840 --> 33:26.840]  Okay.
[33:26.840 --> 33:27.840]  Okay.
[33:27.840 --> 33:28.840]  Okay.
[33:28.840 --> 33:29.840]  Okay.
[33:29.840 --> 33:30.840]  Okay.
[33:30.840 --> 34:00.680]  Okay.
[34:00.680 --> 34:04.320]  Coming back to the Friday Night Rule of Law Marathon, folks, we've got Richard Kornforth
[34:04.320 --> 34:05.320]  on the line with us.
[34:05.320 --> 34:08.400]  And if you've never heard this name, shame on you.
[34:08.400 --> 34:13.600]  You've not been studying Richard Kornforth, very well known in the pro-state community
[34:13.600 --> 34:14.600]  and-
[34:14.600 --> 34:17.920]  I keep wanting to say the Richard Kornforth.
[34:17.920 --> 34:20.080]  The, yes, the Richard Kornforth.
[34:20.080 --> 34:21.520]  Is there more than one?
[34:21.520 --> 34:24.640]  I don't know, but that's why he's the Richard Kornforth.
[34:24.640 --> 34:27.160]  There could be, but if there are-
[34:27.160 --> 34:29.320]  There's only one of substance.
[34:29.320 --> 34:31.640]  The others don't matter.
[34:31.640 --> 34:34.440]  This is the V1.
[34:34.440 --> 34:35.440]  There you go.
[34:35.440 --> 34:36.440]  But-
[34:36.440 --> 34:41.720]  Before we get back in, folks, we've got a full board of callers.
[34:41.720 --> 34:47.600]  And if you're calling to listen, please go to Rule of Law Radio or Logos Radio and stream
[34:47.600 --> 34:48.600]  the line.
[34:48.600 --> 34:53.920]  And if you're on the line to ask questions or tell us just how ugly we are, stay there.
[34:53.920 --> 34:54.920]  Richard?
[34:54.920 --> 34:55.920]  Right.
[34:55.920 --> 35:02.040]  Yeah, so when we're building our blocks of knowledge of the legal industry, of course,
[35:02.040 --> 35:06.800]  we want to start with the foundation of such a matter of jurisdiction and to reiterate,
[35:06.800 --> 35:12.800]  I define that as the contract, the statute, or the common law authority that imposed the
[35:12.800 --> 35:19.320]  duty on us and the factual sufficiency of a claim that we actually breached that duty
[35:19.320 --> 35:22.760]  and it resulted in damages to someone.
[35:22.760 --> 35:25.480]  And of course, we flip that over when we're going after them.
[35:25.480 --> 35:30.080]  So building block number one is subject matter jurisdiction.
[35:30.080 --> 35:37.280]  A second building block is a fundamental understanding of money that is very important anytime we're
[35:37.280 --> 35:42.200]  talking about a credit card debt or a mortgage.
[35:42.200 --> 35:49.840]  And in particular, we have missed an incredible opportunity historically by not understanding
[35:49.840 --> 35:52.560]  money.
[35:52.560 --> 35:56.360]  Economics is not taught in public schools, not really taught in colleges.
[35:56.360 --> 36:02.840]  You can find people that are PhDs, scientists, and they don't have a clue about economics,
[36:02.840 --> 36:05.920]  which happens to be a favorite subject of mine.
[36:05.920 --> 36:10.400]  And again, I'm hoping I'm not insulting too many of your readers.
[36:10.400 --> 36:17.440]  But when we're talking about mortgage foreclosure, which is our best opportunity right now to
[36:17.440 --> 36:23.280]  really change the world, we need to understand that there are actually three forms of money.
[36:23.280 --> 36:26.480]  There's M1, M2, and M3.
[36:26.480 --> 36:33.840]  Now, I've talked to some pretty intelligent people that stare at me with a blank look
[36:33.840 --> 36:36.680]  because they've never heard of M1, M2, and M3.
[36:36.680 --> 36:44.040]  So M1 is cash and money in demand accounts such as a checking account.
[36:44.040 --> 36:50.960]  M2 is money in a timed account or in some form of account that has restrictions as far
[36:50.960 --> 36:54.480]  as access to the money in that account.
[36:54.480 --> 37:02.560]  And M3 is everything else that can be conceivably used in a transaction to exchange for M1 or
[37:02.560 --> 37:03.560]  other M3.
[37:03.560 --> 37:08.160]  So it is another type of negotiable instrument?
[37:08.160 --> 37:10.800]  Yes, absolutely.
[37:10.800 --> 37:17.800]  So when we're talking about the mortgage foreclosure, what form of money is the mortgage contract?
[37:17.800 --> 37:18.800]  It's not money.
[37:18.800 --> 37:22.440]  Okay, what form of money is the promissory note?
[37:22.440 --> 37:34.240]  It is M3, a procedurally proper loan based on a promissory note and mortgage.
[37:34.240 --> 37:38.280]  You're doing an M3 exchange for M1.
[37:38.280 --> 37:48.400]  Now, historically, the source of the M1 was M2, but with the savings of loan scandal and
[37:48.400 --> 37:55.920]  that's a whole long story, we know we're getting M1, but we don't know what the ultimate source
[37:55.920 --> 37:57.520]  of that M1 is.
[37:57.520 --> 38:06.840]  Now, the important thing to remember is we only have a duty to the source of that M1.
[38:06.840 --> 38:15.800]  And if that M1 is a mortgage investor, the only thing that can evidence a duty to that
[38:15.800 --> 38:24.140]  mortgage investor is a promissory note where the mortgage investor is the endorser or the
[38:24.140 --> 38:29.880]  actual lender and we are the maker or the borrower.
[38:29.880 --> 38:38.280]  And so there's this great big oops that the legal industry, the banking industry, and
[38:38.280 --> 38:43.040]  the federal government thought that nobody would ever figure out that when people went
[38:43.040 --> 38:52.720]  into ABC Bank and signed a promissory note with ABC Bank and ABC Bank through one of
[38:52.720 --> 39:01.000]  several mechanisms actually got a mortgage investor to fund that loan, you were no longer
[39:01.000 --> 39:05.480]  doing business with the bank.
[39:05.480 --> 39:12.800]  You were doing business with a mortgage investor, but unless the banker had the integrity to
[39:12.800 --> 39:20.320]  say, Randy, got somebody to make your home loan, we've brokered it with Wang Langfu
[39:20.320 --> 39:26.840]  of China, and he is going to loan you this money, here's the new promissory note we're
[39:26.840 --> 39:29.160]  turning up to open.
[39:29.160 --> 39:35.360]  So your mortgage is going to obligate you to forfeit your home to this person if you
[39:35.360 --> 39:37.800]  don't pay on this promissory note.
[39:37.800 --> 39:48.720]  Do you comprehend the magnitude of the problem, otherwise known as mortgage servicing fraud?
[39:48.720 --> 39:59.280]  You've got $13 trillion worth of mortgages, where there is no bona fide note, none.
[39:59.280 --> 40:00.280]  Hello?
[40:00.280 --> 40:03.120]  Am I still on?
[40:03.120 --> 40:07.040]  Yeah, you're still on.
[40:07.040 --> 40:08.040]  Absolutely.
[40:08.040 --> 40:09.040]  Yeah.
[40:09.040 --> 40:11.920]  We're just back here quiet listening.
[40:11.920 --> 40:22.720]  I mean, this is the most incredible thing financially that has ever happened in the
[40:22.720 --> 40:33.880]  world that banks under pressure from the federal government actually went into this scheme.
[40:33.880 --> 40:40.560]  It was the greatest money-making deal that there was ever going to be, get all the judges
[40:40.560 --> 40:44.320]  to invest in mortgage-backed securities.
[40:44.320 --> 40:50.120]  Get everybody, these billionaires, multimillionaires, get them to buy into these mortgage-backed
[40:50.120 --> 40:55.040]  securities, greatest investment that you could ever get involved in.
[40:55.040 --> 41:01.600]  Until this guy named Cornforth comes along and says, wait a minute, I can't make payments
[41:01.600 --> 41:02.600]  on my mortgage.
[41:02.600 --> 41:07.320]  Well, of course you can, that's why they're called mortgage payments, yeah, but see that's
[41:07.320 --> 41:09.640]  a generic term.
[41:09.640 --> 41:15.880]  I can only make payments on my promissory note that I signed with you guys.
[41:15.880 --> 41:19.560]  Where is it?
[41:19.560 --> 41:21.760]  Wow.
[41:21.760 --> 41:27.400]  Enormous, incredible problem.
[41:27.400 --> 41:39.640]  The real problem in legal parlance is failure of specific performance because that bank
[41:39.640 --> 41:44.800]  did not perform on that loan, a mortgage investor did.
[41:44.800 --> 41:53.600]  If you don't have a contract with a mortgage investor, all the paperwork means is it's
[41:53.600 --> 42:00.080]  memorializing an attempt to get a loan for you.
[42:00.080 --> 42:06.120]  But unless the original promissory note that you filed, that you signed as the maker of
[42:06.120 --> 42:14.240]  the loan with the banker as the endorser is not traded out for a new promissory note
[42:14.240 --> 42:21.920]  with the mortgage investor taking the position of the endorser, there is no evidence of
[42:21.920 --> 42:25.120]  your having to pay anything.
[42:25.120 --> 42:34.840]  They just kissed off $13 trillion of loans by doing that because they didn't think that
[42:34.840 --> 42:42.400]  Joe Sixpack and Sally Soccer Mob would ever have the brass to walk in and stand in front
[42:42.400 --> 42:47.120]  of a judge and say, don't take my house away from me.
[42:47.120 --> 42:54.720]  There's a maxim that says never underestimate your opponent.
[42:54.720 --> 43:02.840]  I think the banks have seriously and the legal community at large has seriously underestimated
[43:02.840 --> 43:09.600]  the capabilities of the general public here in the United States.
[43:09.600 --> 43:16.480]  I learned that lesson in Vietnam when a four foot two karate instructor lifted me off my
[43:16.480 --> 43:21.560]  feet with the heel of his foot and the end of my nose.
[43:21.560 --> 43:22.560]  Wow.
[43:22.560 --> 43:30.560]  And in the not too distant future, I want you guys to have Marie, my beloved Marie Lueck
[43:30.560 --> 43:39.080]  who has written probably the most fantastic mortgage foreclosure protection book in existence.
[43:39.080 --> 43:45.640]  And that's available on our website at RichardCornforth.com.
[43:45.640 --> 43:51.080]  And you can subscribe to a package that has all sorts of pleadings, including winning
[43:51.080 --> 43:53.080]  pleadings where people have actually won.
[43:53.080 --> 43:55.080]  Hold on Richard, we're about out of time.
[43:55.080 --> 43:59.160]  Randy Kelton, Debra Stevens, WheelRoy Radio, we'll be right back.
[43:59.160 --> 44:08.120]  Hello, my name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by our
[44:08.120 --> 44:12.280]  store at 1904 Guadalupe Street, Sweet D here in Austin, Texas.
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[44:30.320 --> 44:37.520]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.520 --> 44:43.160]  That's 512-264-4043 naturespureorganics.com.
[44:43.160 --> 45:01.240]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.240 --> 45:04.400]  Are you the plaintiff or defendant in a lawsuit?
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[45:49.840 --> 45:52.120]  pro se tactics and much more.
[45:52.120 --> 45:59.880]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[45:59.880 --> 46:23.440]  Whoa, whoa, whoa, whoa, whoa, yeah.
[46:23.440 --> 46:33.120]  Always, I must be careful, what I'm wishing for, when I'm hungry, I like to know just
[46:33.120 --> 46:42.000]  what I'm fishing for, I ain't asking for much, I ain't trying to be no glutton, I'm just
[46:42.000 --> 46:52.800]  here making my living pushing buttons, I give my message out to anyone who's shouting distance,
[46:52.800 --> 47:01.000]  both for bravery and against slavery, showing resistance, first I'm crawling, then I'm walking.
[47:01.000 --> 47:04.720]  Welcome back to Rule of Law Radio folks and we're speaking with Richard Cornforth.
[47:04.720 --> 47:11.960]  Now Richard, before we went to break, you raised the name Marie Luke, tell us more about
[47:11.960 --> 47:12.960]  Marie.
[47:12.960 --> 47:18.600]  Well, I taught her everything that I knew and she expanded on that and she has written
[47:18.600 --> 47:28.760]  probably the most comprehensive book on protecting yourself from foreclosure fraud and it comes
[47:28.760 --> 47:34.680]  in a package, if you want to subscribe to the full package that gives you a lot of pleadings,
[47:34.680 --> 47:41.160]  this stuff is actually one for some people, just need a lot more people to use it, it's
[47:41.160 --> 47:52.080]  available by visiting our website which is richardcornforth.com but the name of the book
[47:52.080 --> 47:55.680]  is Marie, get on the name of your book.
[47:55.680 --> 48:01.360]  Fighting Foreclosure from Frauds and Rackets to Recovery.
[48:01.360 --> 48:02.360]  You like that?
[48:02.360 --> 48:05.160]  I like that, hello Marie.
[48:05.160 --> 48:14.960]  I have to tell you, I had one of your admirers on the phone today, a little short guy, Jeff
[48:14.960 --> 48:17.960]  Sedgwick out of Maryland.
[48:17.960 --> 48:24.120]  He didn't have much to say about Richard but he had a lot to say about you.
[48:24.120 --> 48:31.160]  Well he's one of our favorite and honored people and he's somebody that woke up one
[48:31.160 --> 48:36.760]  morning and said wait a minute, I can lose and I can fight.
[48:36.760 --> 48:43.960]  If I fight I might still lose but if I don't fight I will lose, so why not fight?
[48:43.960 --> 48:47.560]  I've known Jeff for a long time and hold him in high regard.
[48:47.560 --> 48:57.360]  Right, but I was discoursing on the fact that there was a 13 trillion dollar problem because
[48:57.360 --> 49:04.240]  the little game that they played as far as not trading out the promissory note, they
[49:04.240 --> 49:11.160]  were merely brokering a loan and they brokered it with somebody that you don't have a contract
[49:11.160 --> 49:12.160]  with.
[49:12.160 --> 49:18.200]  That is part of the secrets of why there's the disappearing note aspect.
[49:18.200 --> 49:30.040]  But the other thing that to me, it has what I call wow factor is what are we really, really
[49:30.040 --> 49:37.480]  talking about when we talk about this incredible mortgage foreclosure problem.
[49:37.480 --> 49:45.800]  Well we're talking really about two things, one is the opportunity of the American people
[49:45.800 --> 49:53.360]  without being terribly sophisticated, without playing Perry Mason to engage in the greatest
[49:53.360 --> 49:59.960]  shift in material wealth in the history of the world, shifting all the wealth away from
[49:59.960 --> 50:07.040]  government and the bankers and the lawyers and the judges to them where they achieve
[50:07.040 --> 50:11.400]  something that is as close as you can get to actual sovereignty.
[50:11.400 --> 50:19.040]  Now that's one half of it, the other half of it is the reading and researching that
[50:19.040 --> 50:29.000]  I have done suggests that the economists that run the government as far as the monetary
[50:29.000 --> 50:36.480]  aspect decided that sometime back in the early 50s that the only way that you can have a
[50:36.480 --> 50:48.680]  prosperous economy without depression is you've got to continually keep the economy expanding
[50:48.680 --> 50:51.800]  under a mantle of debt.
[50:51.800 --> 51:01.000]  Now what seemed like a great idea by the brilliant minds back then really got way, way out of
[51:01.000 --> 51:06.240]  control, that's another story, that's not the point I'm trying to make.
[51:06.240 --> 51:12.320]  This government as everybody knows spends way too much money and it borrows something
[51:12.320 --> 51:18.000]  I've seen figures as high as 41% of every dollar spent had to be borrowed, who do they
[51:18.000 --> 51:19.880]  borrow it from?
[51:19.880 --> 51:26.280]  Well it doesn't really matter because you can't carry that kind of a debt load, it's
[51:26.280 --> 51:28.360]  just dangerous.
[51:28.360 --> 51:35.840]  But how did they get countries, investors to loan us some money?
[51:35.840 --> 51:40.440]  Well how do they loan money, will they buy our treasury securities?
[51:40.440 --> 51:48.160]  Well who wants to put a billion dollars into a treasury security for 1%?
[51:48.160 --> 51:55.440]  Well somebody that wants access to our markets, but also somebody who got in on this really
[51:55.440 --> 52:03.960]  sweetheart deal of buying into a whole bunch of mortgage backed securities.
[52:03.960 --> 52:15.100]  So what was once the people's problem is rapidly shifting to be a government problem with the
[52:15.100 --> 52:19.760]  exposure of the fraud of the mortgage backed securities.
[52:19.760 --> 52:26.400]  And I was one of the first, perhaps the very first, going back to August of 2002 that originally
[52:26.400 --> 52:34.360]  published information that led to the exposure of the mortgage backed securities as a fraud.
[52:34.360 --> 52:40.760]  They're still trying to sort that out, but the really big problem as far as your government
[52:40.760 --> 52:47.720]  sees it is oh wait a minute, what are we going to do now?
[52:47.720 --> 52:54.960]  How are we going to rob the people so that the investors who invested in the mortgage
[52:54.960 --> 53:01.520]  backed securities will continue to loan us money, incredible problem.
[53:01.520 --> 53:07.160]  And if you want I'm ready to take a few questions.
[53:07.160 --> 53:08.160]  Very good.
[53:08.160 --> 53:09.160]  Let's go ahead.
[53:09.160 --> 53:14.160]  Okay I'm sorry, go ahead, you got the board up?
[53:14.160 --> 53:15.160]  I do.
[53:15.160 --> 53:17.160]  Okay, I'll put it out.
[53:17.160 --> 53:21.760]  Let's go to Reed in Illinois, hello Reed, what do you got for us tonight?
[53:21.760 --> 53:28.160]  Hi Richard Bournforth, I really appreciate all your materials, I've got a bunch of them.
[53:28.160 --> 53:29.160]  Good.
[53:29.160 --> 53:36.560]  I had a, yeah I do, and it is good, but I've got a couple of questions, one about subject
[53:36.560 --> 53:43.320]  matter jurisdiction in the state of Illinois, but my first question is I need a bit of information
[53:43.320 --> 53:50.520]  or advisory information, if you have it, on challenging jurisdiction, personal jurisdiction
[53:50.520 --> 53:54.600]  of a state court where there was no...
[53:54.600 --> 54:00.480]  Hold on Reed, are you on a wireless phone or headset?
[54:00.480 --> 54:03.800]  I was on my speaker, I can pop off if you like.
[54:03.800 --> 54:11.720]  Okay, I'm getting a peculiar beep that I normally get when you have a wireless phone or a Bluetooth.
[54:11.720 --> 54:15.440]  I don't have any idea what that is, I don't hear anything.
[54:15.440 --> 54:23.560]  Oh, okay, get a 10 year old, they can explain all that stuff to you, okay go ahead.
[54:23.560 --> 54:31.720]  Well, I'm trying to give you the short version, there was a landlord tenant issue a few months
[54:31.720 --> 54:41.800]  back where the landlord found out about me and my roommate and our ongoings with being
[54:41.800 --> 54:48.440]  pro-state litigants, so they decided to oust us by getting a default judgment using sewer
[54:48.440 --> 54:51.600]  service, they had someone pretend to service.
[54:51.600 --> 54:56.800]  The challenge that several times, ultimately there was an eviction in the matter.
[54:56.800 --> 54:57.800]  Wow.
[54:57.800 --> 55:04.240]  I went back in for motion to reconsider, and I wasn't named as a party in that particular
[55:04.240 --> 55:10.800]  case, however I was directly affected and I was the one that the process server alleged
[55:10.800 --> 55:15.520]  to have served, which I was at a hospital on the day at the time.
[55:15.520 --> 55:16.520]  But this-
[55:16.520 --> 55:21.040]  Reid, let me ask, was this a mortgage or a lease or a rental agreement?
[55:21.040 --> 55:22.800]  A rental agreement.
[55:22.800 --> 55:23.800]  Okay.
[55:23.800 --> 55:29.360]  Well, my question is a bit specific because what I'm concerned about is bringing this
[55:29.360 --> 55:33.560]  into district court under FPCPA rego, things like this.
[55:33.560 --> 55:40.280]  Because we had challenged the jurisdiction, the Illinois court decided that the service
[55:40.280 --> 55:43.320]  was proper, even though it clearly wasn't.
[55:43.320 --> 55:49.320]  I'm wondering about running up against Rez Judicata, because that's already been determined
[55:49.320 --> 55:51.120]  by the Illinois courts.
[55:51.120 --> 55:59.360]  Well, the doctrine is not Rez Judicata, the doctrine is a client preclusion or estoppel.
[55:59.360 --> 56:06.040]  But let me change your focus just a little bit, because here's what I'm hearing.
[56:06.040 --> 56:13.520]  If I distill what I've heard you say is you got shafted because somebody didn't like you.
[56:13.520 --> 56:14.520]  All the way.
[56:14.520 --> 56:15.520]  All right.
[56:15.520 --> 56:22.880]  Do you have access to any resource like Versus Law, for example?
[56:22.880 --> 56:26.600]  I'm not promoting them, but there just happened to be a low-cost resource.
[56:26.600 --> 56:27.600]  Yeah, I do.
[56:27.600 --> 56:28.600]  I use Versus all the time.
[56:28.600 --> 56:36.920]  I used to use Lexus through my school account, but I use Versus.
[56:36.920 --> 56:40.520]  Stop me if you've heard this one.
[56:40.520 --> 56:48.880]  Breach of the implied covenant of good faith and fair dealing.
[56:48.880 --> 56:57.160]  Breach of the covenant of good faith and fair dealing.
[56:57.160 --> 56:59.400]  Okay.
[56:59.400 --> 57:04.360]  In state courts, not federal courts, because remember, federal courts are courts of limited
[57:04.360 --> 57:05.360]  jurisdiction.
[57:05.360 --> 57:07.680]  They're statutory courts.
[57:07.680 --> 57:13.120]  They're big on common law, but common law has to come under the mantle of statute.
[57:13.120 --> 57:18.320]  So when you're talking about state courts, I think you'll find that there is a fairly
[57:18.320 --> 57:22.280]  robust body of common law.
[57:22.280 --> 57:27.280]  Remember when I started this conversation, if you were back here about 50 minutes ago,
[57:27.280 --> 57:31.520]  I said duty arises from contract, statute, or the common law.
[57:31.520 --> 57:36.640]  When we're talking about duty arising under the common law, we are strictly talking about
[57:36.640 --> 57:46.800]  states' causes of action, but I think you'll find a robust body of litigation under the
[57:46.800 --> 57:55.360]  heading of breach of the implied covenant of good faith and fair dealing.
[57:55.360 --> 58:03.640]  Any time you see everybody, everybody in their business dealings with everybody else has
[58:03.640 --> 58:09.800]  a higher duty not to conduct themselves in a manner that's fundamentally unfair.
[58:09.800 --> 58:14.280]  Richard, we're going to have to stop right there.
[58:14.280 --> 58:17.200]  We're coming up to the top of the hour break.
[58:17.200 --> 58:25.920]  Folks 512-646-1984 is the number to dial to join Randy, Joe Esquivel, myself, and Richard
[58:25.920 --> 58:27.920]  Kornforth in conversation.
[58:27.920 --> 58:32.920]  We'll be right back with Reed in Illinois after these messages, and while we're on break,
[58:32.920 --> 58:35.480]  folks, go by and take care of our sponsors.
[58:35.480 --> 58:38.640]  They need us as much as we need you.
[58:38.640 --> 58:41.600]  So we will be back right after this break.
[58:41.600 --> 58:43.080]  This is going to be a long break.
[58:43.080 --> 58:50.320]  We'll be back after the news at the top of the hour, 512-646-1984.
[58:50.320 --> 58:54.480]  Would you like to make more definite progress in your walk with God?
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[59:48.440 --> 01:00:03.200]  Live, free speech radio, logosradionetwork.com.
[01:00:03.200 --> 01:00:07.520]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[01:00:07.520 --> 01:00:09.200]  at thelibertybeat.com.
[01:00:09.200 --> 01:00:13.520]  I'm Brian Hagan with your Liberty Beat for Friday, May 2, 2014.
[01:00:13.520 --> 01:00:16.560]  Gold open today at $1,279.
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[01:00:47.280 --> 01:00:52.040]  In the news, a one-stop shop to hold police accountable for their misconduct is launched
[01:00:52.040 --> 01:00:55.040]  with accountableauthority.com, now online.
[01:00:55.040 --> 01:01:00.120]  When you go to court, your best friend is not the judge, it's not your defense attorney,
[01:01:00.120 --> 01:01:01.120]  it's the jury.
[01:01:01.120 --> 01:01:06.480]  If you had access, you'd be able to show the jury, hey, this officer is a serial liar.
[01:01:06.480 --> 01:01:09.840]  We know that he's been lying to juries over and over again.
[01:01:09.840 --> 01:01:14.040]  We know that he's filed false police reports, he's been caught several times.
[01:01:14.040 --> 01:01:18.240]  That's accountable authority founder Daniel Berman, who says the once-missing access to
[01:01:18.240 --> 01:01:22.840]  police misconduct is what's being compiled through the public's help at the website.
[01:01:22.840 --> 01:01:28.560]  You can actually post that information for free to a public database where basically
[01:01:28.560 --> 01:01:33.760]  if you are caught and you're charged illegally by an officer, you can actually find out if
[01:01:33.760 --> 01:01:36.400]  this officer has other false reports that he's filed.
[01:01:36.400 --> 01:01:40.600]  Berman encourages all members of the public to document any interaction with police, video
[01:01:40.600 --> 01:01:49.320]  record any time contact is made, and to post and upload any instances of abuse at accountableauthority.com.
[01:01:49.320 --> 01:01:53.200]  The battle for clean water continues as another Texas city joins the fight.
[01:01:53.200 --> 01:01:57.240]  Beaumont, Texas is debating whether or not to remove fluoride from the water supply.
[01:01:57.240 --> 01:02:01.160]  The city's water utilities director believes the substance is corroding water pipes.
[01:02:01.160 --> 01:02:05.520]  Councilman Michael Gatt said he's heard from constituents regarding fluoride concerns,
[01:02:05.520 --> 01:02:09.520]  but Councilman Dr. Owen Coleman said he believes fluoride to be safe and reliable and will
[01:02:09.520 --> 01:02:13.960]  provide data backing such claims from the Texas Dental Association.
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[01:02:49.920 --> 01:02:53.080]  This is the Liberty Beat for Friday, May 2, 2014.
[01:02:53.080 --> 01:03:06.440]  Check out the website at thelibertybeat.com.
[01:03:23.080 --> 01:03:41.120]  Welcome back to the Friday Night Marathon on Rule of Law Radio.
[01:03:41.120 --> 01:03:46.160]  Tonight is May 2, 2014, and we have with us Richard Cornforth.
[01:03:46.160 --> 01:03:50.560]  And before we went to break, we were speaking with Reed in Illinois.
[01:03:50.560 --> 01:03:53.000]  Reed, you have the floor, sir.
[01:03:53.000 --> 01:04:00.240]  Well, I was listening to Richard talk about the breach of the implied covenant of good
[01:04:00.240 --> 01:04:03.240]  faith and fair dealings.
[01:04:03.240 --> 01:04:04.240]  Wonderful.
[01:04:04.240 --> 01:04:09.120]  And was looking into it over the break, you know, obviously, it would take me a little
[01:04:09.120 --> 01:04:17.080]  more time than a five-minute break to find out more about this, but do you know, Richard,
[01:04:17.080 --> 01:04:23.600]  there is some claim preclusion to challenging this in the district court, anyway, to report.
[01:04:23.600 --> 01:04:27.120]  Well, Richard, let's go a little further down this rabbit hole.
[01:04:27.120 --> 01:04:35.000]  All right, well, of course, the materials that can be helpful in this area are found
[01:04:35.000 --> 01:04:37.120]  at richardcornforth.com.
[01:04:37.120 --> 01:04:42.280]  We've got materials on fundamental law, civil procedure, Marie has written an excellent
[01:04:42.280 --> 01:04:44.600]  book on evidence.
[01:04:44.600 --> 01:04:52.960]  And if you understand that foundation, now, let me go back and directly address what seems
[01:04:52.960 --> 01:04:55.960]  to be Reed's concern.
[01:04:55.960 --> 01:05:07.160]  Now, if you have raised the same issue before, then it can be, claim preclusion can come
[01:05:07.160 --> 01:05:16.840]  into play under collateral estoppel, but have you ever been in a court proceeding against
[01:05:16.840 --> 01:05:26.360]  this landlord for this specific action that offended you?
[01:05:26.360 --> 01:05:27.360]  That's just it.
[01:05:27.360 --> 01:05:32.480]  In this case, it was my roommate that was the named defendant.
[01:05:32.480 --> 01:05:38.640]  I was never named, but I was named as the person who was served under a bode service
[01:05:38.640 --> 01:05:42.840]  here in Illinois, constructive service, but I was a person having a bode.
[01:05:42.840 --> 01:05:46.640]  No, Reed, pardon me for interrupting you.
[01:05:46.640 --> 01:05:54.640]  Did you suffer a damage relative to an act by a landlord?
[01:05:54.640 --> 01:05:57.040]  Yes.
[01:05:57.040 --> 01:05:59.840]  Did the other person suffer damage?
[01:05:59.840 --> 01:06:00.840]  Yes.
[01:06:00.840 --> 01:06:01.840]  Okay.
[01:06:01.840 --> 01:06:05.160]  Let's forget about the service.
[01:06:05.160 --> 01:06:11.120]  Let's talk about the mean and nasty thing that they did.
[01:06:11.120 --> 01:06:14.000]  That's where your cause of action lies.
[01:06:14.000 --> 01:06:22.600]  It is a tort, in other words, a personal injury, and it is governed by the statute of limitations
[01:06:22.600 --> 01:06:29.520]  for personal injury cases, which I'm going to say is probably going to be two years,
[01:06:29.520 --> 01:06:32.000]  possibly three years.
[01:06:32.000 --> 01:06:35.360]  How long ago did this happen?
[01:06:35.360 --> 01:06:41.280]  This all happened in November of 2013, so we're still there.
[01:06:41.280 --> 01:06:42.280]  Okay.
[01:06:42.280 --> 01:06:44.080]  You're still there.
[01:06:44.080 --> 01:06:50.760]  What I would do is I would look up several cases on breach of the covenant of good faith
[01:06:50.760 --> 01:06:57.200]  and fair dealing, the implied covenant and fair dealing, and if this person made your
[01:06:57.200 --> 01:07:06.440]  life miserable, you ought to yourself to give them a little misery because there's two prisons.
[01:07:06.440 --> 01:07:11.720]  There's the prison that has stone walls and iron bars, and there's the prison in the mind
[01:07:11.720 --> 01:07:19.880]  where somebody harms you, and you are forced into a prison in your mind having to think
[01:07:19.880 --> 01:07:22.440]  about them harming you.
[01:07:22.440 --> 01:07:30.040]  You either have to get into some deep concentration and find it within yourself to forgive that
[01:07:30.040 --> 01:07:39.320]  person, or if you feel like that person needs their own blessing and the damages are just
[01:07:39.320 --> 01:07:44.600]  too significant, then you enter a different karma, if you will, and I don't mean to make
[01:07:44.600 --> 01:07:50.160]  a religious comment of any kind, but sue them.
[01:07:50.160 --> 01:07:52.600]  Anything else?
[01:07:52.600 --> 01:07:55.240]  Well, no, I mean, that's it.
[01:07:55.240 --> 01:07:59.560]  I did have a question about subject managers at Illinois, but I know you've got other calls.
[01:07:59.560 --> 01:08:01.560]  No, no, go ahead and-
[01:08:01.560 --> 01:08:03.560]  Wait, hold on a second.
[01:08:03.560 --> 01:08:06.640]  Reid, let me make a suggestion.
[01:08:06.640 --> 01:08:13.040]  Are you familiar with any litigation guides for Illinois?
[01:08:13.040 --> 01:08:19.520]  I've got lots of books on the subject ever since I found them.
[01:08:19.520 --> 01:08:21.880]  No, no, this is something real specific.
[01:08:21.880 --> 01:08:29.880]  Call a local lawyer and ask them, what are the primary litigation guides used in Illinois?
[01:08:29.880 --> 01:08:36.080]  In Texas, we have O'Connor's, and it is absolutely wonderful.
[01:08:36.080 --> 01:08:42.160]  In O'Connor's, you can get O'Connor's Causes of Action, and you can go to Torturous Interference,
[01:08:42.160 --> 01:08:45.760]  you can go to Breach of Contract.
[01:08:45.760 --> 01:08:46.760]  Everything is in there.
[01:08:46.760 --> 01:08:51.360]  It gives you how to address it, what all the elements are, how to plead the elements, how
[01:08:51.360 --> 01:08:54.120]  to defend against the elements.
[01:08:54.120 --> 01:09:02.320]  Everything you need to know in a really concise format and something else it generally has
[01:09:02.320 --> 01:09:07.680]  are sample pleadings.
[01:09:07.680 --> 01:09:09.040]  Pleadings and motions, yeah.
[01:09:09.040 --> 01:09:10.040]  Templates.
[01:09:10.040 --> 01:09:17.000]  It's really, really important because if you make up your own plea from scratch and the
[01:09:17.000 --> 01:09:23.840]  lawyer comes in and gives the judge a plea from the local litigation guides, and he looks
[01:09:23.840 --> 01:09:29.800]  at that one from the litigation guides, it has all of the subject matter exactly where
[01:09:29.800 --> 01:09:31.760]  he expects to find it.
[01:09:31.760 --> 01:09:35.640]  It has all the basic case law that he expects to see.
[01:09:35.640 --> 01:09:40.080]  The only thing he has to look at is what's different in this particular motion or this
[01:09:40.080 --> 01:09:44.200]  particular pleading, and you come in there and you give him 20 cases he's never seen
[01:09:44.200 --> 01:09:47.200]  before.
[01:09:47.200 --> 01:09:51.200]  He's going to get that case, and he's going to say, you really think I'm going to read
[01:09:51.200 --> 01:09:57.760]  all these 20 cases, man, then I'd... Now, that may not be right, but in the real world
[01:09:57.760 --> 01:10:02.040]  you and I live in, it's kind of how it works.
[01:10:02.040 --> 01:10:07.760]  If you can find a litigation guide, it will take a lot of the work out of this.
[01:10:07.760 --> 01:10:13.600]  Yeah, there's the way it is, the way it's supposed to be, and that's the way it is.
[01:10:13.600 --> 01:10:14.600]  Very good.
[01:10:14.600 --> 01:10:15.600]  Okay.
[01:10:15.600 --> 01:10:18.040]  You had a question on subject matter jurisdiction.
[01:10:18.040 --> 01:10:25.120]  Well, you know, I've seen a lot of the websites around that talk about subject matter jurisdiction,
[01:10:25.120 --> 01:10:32.320]  the law voids, and I see a lot of case law coming out of Illinois prior to, I'd say,
[01:10:32.320 --> 01:10:34.360]  2000, speaking about the subject.
[01:10:34.360 --> 01:10:42.400]  It seems in 2003 or so, the Supreme Court in Illinois addressed this subject by basically
[01:10:42.400 --> 01:10:49.640]  overturning or redirecting the courts, telling them that since the Illinois Constitution
[01:10:49.640 --> 01:10:56.040]  granted, let me get this right here, subject matter jurisdiction of all adjustable issues
[01:10:56.040 --> 01:11:05.200]  to all courts in Illinois, that there really isn't a challenge to subject matter jurisdiction
[01:11:05.200 --> 01:11:09.320]  unless you're bringing like a criminal context into a divorce court.
[01:11:09.320 --> 01:11:14.840]  If it's not something so off like that, if it's a court that can't deal with it, then
[01:11:14.840 --> 01:11:20.800]  the pleadings themselves aren't at issue to grant the court subject matter jurisdiction.
[01:11:20.800 --> 01:11:26.520]  Subject matter jurisdiction is granted by the Illinois Constitution, and that the pleadings
[01:11:26.520 --> 01:11:36.080]  recorded for these decisions will not surprise the court or they won't, you know, they won't,
[01:11:36.080 --> 01:11:44.000]  jurisdiction won't turn on faulty pleadings, you know, there could be an appellate issue
[01:11:44.000 --> 01:11:49.400]  for how the case was handled, but Illinois courts have pretty much unlimited subject
[01:11:49.400 --> 01:11:50.960]  matter jurisdiction overall.
[01:11:50.960 --> 01:11:53.480]  Okay, wait, wait, hold on, Reed.
[01:11:53.480 --> 01:11:57.760]  You're talking about something very fundamental.
[01:11:57.760 --> 01:12:07.000]  You're talking about something that in order to maintain a corpus juris, a secure body of
[01:12:07.000 --> 01:12:14.960]  law, there's no way that the Supreme Court is just going to generally grant subject matter
[01:12:14.960 --> 01:12:15.960]  jurisdiction.
[01:12:15.960 --> 01:12:18.640]  Will you address that, Rick?
[01:12:18.640 --> 01:12:19.640]  Yeah.
[01:12:19.640 --> 01:12:23.760]  Yeah, Reed, forget what they say.
[01:12:23.760 --> 01:12:26.240]  They're third-rate politicians.
[01:12:26.240 --> 01:12:29.680]  You can carve this in stone.
[01:12:29.680 --> 01:12:34.760]  Subject matter jurisdiction from the beginning of time when there was such a thing as a tribunal
[01:12:34.760 --> 01:12:44.720]  until 10 minutes past the end of time is always going to be what imposed the duty and what's
[01:12:44.720 --> 01:12:50.000]  the factual sufficiency of a claim that the duty was breached.
[01:12:50.000 --> 01:12:52.520]  You got to have both of them.
[01:12:52.520 --> 01:12:56.520]  You absolutely have to have both of them.
[01:12:56.520 --> 01:12:57.520]  And so...
[01:12:57.520 --> 01:13:02.520]  Let me give a quick example.
[01:13:02.520 --> 01:13:12.800]  We had a case where a credit card company sued a client, but they didn't follow the rules
[01:13:12.800 --> 01:13:19.440]  in filing the suit with the court, so we challenge subject matter jurisdiction.
[01:13:19.440 --> 01:13:25.200]  We're not saying the court doesn't have jurisdiction to rule in these kinds of matters.
[01:13:25.200 --> 01:13:35.480]  We're saying in this particular case, the plaintiff in pleading his issue failed to
[01:13:35.480 --> 01:13:40.480]  sufficiently invoke the subject matter jurisdiction of the court.
[01:13:40.480 --> 01:13:46.600]  They don't have it because of some basic issue, but just because these guys didn't do their
[01:13:46.600 --> 01:13:47.600]  job right.
[01:13:47.600 --> 01:13:52.000]  In order for the court to have subject matter jurisdiction, the other party has to properly
[01:13:52.000 --> 01:13:53.000]  invoke it.
[01:13:53.000 --> 01:13:55.280]  That's where most of the claims have come for.
[01:13:55.280 --> 01:13:57.520]  Does that sound right, Richard?
[01:13:57.520 --> 01:13:58.520]  Yes.
[01:13:58.520 --> 01:14:10.440]  And it's an easy subject to labor on, but just remember, there's got to be a statute
[01:14:10.440 --> 01:14:14.640]  or a contract that's one half of the coin.
[01:14:14.640 --> 01:14:17.360]  The other side of the coin is damages.
[01:14:17.360 --> 01:14:21.640]  If you don't have any damages, it doesn't matter whether the court has jurisdiction
[01:14:21.640 --> 01:14:26.320]  to hear a breach of contract case or not.
[01:14:26.320 --> 01:14:30.760]  Establishing that you have a contract with somebody does not give you the right to sue
[01:14:30.760 --> 01:14:37.600]  them over that breach of contract, even though the Supreme Court has said, the Constitution,
[01:14:37.600 --> 01:14:43.200]  oh yeah, they have subject matter jurisdiction to handle a breach of contract case, or really?
[01:14:43.200 --> 01:14:45.560]  Okay, so what are the damages?
[01:14:45.560 --> 01:14:54.120]  You've got to point to where in that contract I had the duty that I breached, and see that
[01:14:54.120 --> 01:14:59.760]  brings us full cycle right back to the mortgage contract.
[01:14:59.760 --> 01:15:03.200]  Does the mortgage contract impose a duty on you?
[01:15:03.200 --> 01:15:04.200]  No.
[01:15:04.200 --> 01:15:12.560]  The mortgage contract imposes a duty on the property conditioned on your breaching a duty
[01:15:12.560 --> 01:15:16.960]  under the promissory note.
[01:15:16.960 --> 01:15:20.360]  The promissory note is what imposed the duty on you.
[01:15:20.360 --> 01:15:26.200]  If I remember correctly, though, this is a rental agreement, not a mortgage agreement.
[01:15:26.200 --> 01:15:27.200]  No, no, no, no.
[01:15:27.200 --> 01:15:30.200]  See, I'm just using that as an analogy.
[01:15:30.200 --> 01:15:31.200]  As an example.
[01:15:31.200 --> 01:15:32.200]  Good deal.
[01:15:32.200 --> 01:15:37.920]  See, it doesn't matter whether you even have an agreement.
[01:15:37.920 --> 01:15:46.240]  The point is, are there two people that have any kind of a relationship to one another?
[01:15:46.240 --> 01:15:56.240]  Because if you're driving down the street, and there's a red stop sign, and you go through
[01:15:56.240 --> 01:16:02.840]  that stop sign, and you strike another person's vehicle, do you have a legal jeopardy?
[01:16:02.840 --> 01:16:03.840]  Why?
[01:16:03.840 --> 01:16:05.720]  Yes, why?
[01:16:05.720 --> 01:16:08.520]  Because that stop sign imposed a duty on you.
[01:16:08.520 --> 01:16:11.440]  You had a known duty, and you breached it.
[01:16:11.440 --> 01:16:12.440]  Okay.
[01:16:12.440 --> 01:16:17.880]  Let's say that you're driving down the road, and you're whistling a happy tune, thinking
[01:16:17.880 --> 01:16:22.560]  about all the money you made today, and there's no stop sign, and you still hit somebody.
[01:16:22.560 --> 01:16:24.520]  Do you have a legal jeopardy?
[01:16:24.520 --> 01:16:25.520]  Yes.
[01:16:25.520 --> 01:16:33.400]  You can still have a legal jeopardy because of the duty to exercise reasonable care and
[01:16:33.400 --> 01:16:38.120]  caution, not to harm another person.
[01:16:38.120 --> 01:16:41.840]  Who decides the fact of the case?
[01:16:41.840 --> 01:16:45.640]  Here's the music in the background again, folks.
[01:16:45.640 --> 01:16:46.640]  Stay with us.
[01:16:46.640 --> 01:16:47.640]  We're going back to another break.
[01:16:47.640 --> 01:16:52.560]  512-646-1984 is the number you can dial to join us in conversation.
[01:16:52.560 --> 01:16:55.800]  After this break, we'll be right back with Richard Kornforth.
[01:16:55.800 --> 01:17:00.800]  Stay tuned.
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[01:19:54.800 --> 01:20:10.240]  Welcome back to Rule of Law, folks, and Richard, before we get started, when you're through
[01:20:10.240 --> 01:20:16.400]  with your questions and everything, stay on the line because Mr. Esquivel, while we were
[01:20:16.400 --> 01:20:23.120]  listening to everything Richard was telling you, found an Illinois litigation guide.
[01:20:23.120 --> 01:20:25.920]  So don't hang up at the end of the call.
[01:20:25.920 --> 01:20:30.320]  The call screener will bring you back up, get your email address and email you that
[01:20:30.320 --> 01:20:31.320]  link.
[01:20:31.320 --> 01:20:33.320]  Does that sound good?
[01:20:33.320 --> 01:20:36.760]  That sounds great to me.
[01:20:36.760 --> 01:20:38.480]  Okay.
[01:20:38.480 --> 01:20:40.320]  We're here to help as best we can.
[01:20:40.320 --> 01:20:42.320]  And that's what we do.
[01:20:42.320 --> 01:20:43.320]  That's what we do.
[01:20:43.320 --> 01:20:44.320]  Yes.
[01:20:44.320 --> 01:20:45.320]  Okay.
[01:20:45.320 --> 01:20:48.320]  Does anybody remember where we were at?
[01:20:48.320 --> 01:20:49.320]  Yeah.
[01:20:49.320 --> 01:20:55.120]  We just closed out a conversation on subject matter jurisdiction.
[01:20:55.120 --> 01:20:56.120]  Yes.
[01:20:56.120 --> 01:20:57.120]  Litigation guide.
[01:20:57.120 --> 01:21:00.600]  Well, that was another issue.
[01:21:00.600 --> 01:21:01.600]  Subject matter jurisdiction.
[01:21:01.600 --> 01:21:02.600]  Yeah.
[01:21:02.600 --> 01:21:07.600]  And everybody has a duty to act right, period.
[01:21:07.600 --> 01:21:12.640]  If they don't act right and they cause an injury, they can still be sued.
[01:21:12.640 --> 01:21:13.640]  Under common law.
[01:21:13.640 --> 01:21:14.640]  Yep.
[01:21:14.640 --> 01:21:15.640]  That's right.
[01:21:15.640 --> 01:21:17.040]  That's what the common law is for.
[01:21:17.040 --> 01:21:19.760]  But it's only in state court.
[01:21:19.760 --> 01:21:20.760]  Okay.
[01:21:20.760 --> 01:21:21.760]  All right.
[01:21:21.760 --> 01:21:22.760]  Am I still on the answers?
[01:21:22.760 --> 01:21:25.760]  I don't know if you guys are hearing me.
[01:21:25.760 --> 01:21:26.760]  Yes, you are.
[01:21:26.760 --> 01:21:27.760]  All right.
[01:21:27.760 --> 01:21:28.760]  Well...
[01:21:28.760 --> 01:21:29.760]  Okay.
[01:21:29.760 --> 01:21:30.760]  Reid, is that pretty well...
[01:21:30.760 --> 01:21:33.040]  Is your question pretty well answered?
[01:21:33.040 --> 01:21:34.040]  It's well answered.
[01:21:34.040 --> 01:21:35.040]  I really appreciate the time, guys.
[01:21:35.040 --> 01:21:38.520]  I know you've taken up quite a bit of time with me here.
[01:21:38.520 --> 01:21:44.040]  And there may be some new materials there on richardcornforth.com for you.
[01:21:44.040 --> 01:21:47.320]  We've really tried to ramp it up.
[01:21:47.320 --> 01:21:48.320]  All right.
[01:21:48.320 --> 01:21:49.320]  Fair enough.
[01:21:49.320 --> 01:21:50.320]  I will return.
[01:21:50.320 --> 01:21:51.320]  Excellent.
[01:21:51.320 --> 01:21:56.600]  Well, Richard, we're going to mute you on this end and go to the next caller, but don't
[01:21:56.600 --> 01:21:57.600]  hang up.
[01:21:57.600 --> 01:22:01.360]  The call screener will pull you back up and exchange that information.
[01:22:01.360 --> 01:22:04.360]  Thank you for calling in tonight.
[01:22:04.360 --> 01:22:05.640]  All right.
[01:22:05.640 --> 01:22:09.040]  Let's go to Kristen in Texas.
[01:22:09.040 --> 01:22:10.040]  Hello, Kristen.
[01:22:10.040 --> 01:22:11.040]  How are you this evening?
[01:22:11.040 --> 01:22:12.040]  Oh, good.
[01:22:12.040 --> 01:22:13.040]  Thank you.
[01:22:13.040 --> 01:22:16.800]  Richard, Kristen, I went senior class last year.
[01:22:16.800 --> 01:22:20.280]  Did Maria big hug, please, for me?
[01:22:20.280 --> 01:22:24.480]  I have a question in regards to several points, and I won't take long.
[01:22:24.480 --> 01:22:31.600]  Hopefully, you'll touch on them in your conversations, but I'm currently in litigation now, and it
[01:22:31.600 --> 01:22:36.520]  seems like my timing is off because it's my first time actually going through a full process.
[01:22:36.520 --> 01:22:42.880]  I know that I have to file my witness list and my Rule 26 discovery, but the courts would
[01:22:42.880 --> 01:22:45.520]  not allow me to file it in the court.
[01:22:45.520 --> 01:22:52.920]  I'm just wondering when do I actually file it, send it to the opposing party, and is
[01:22:52.920 --> 01:22:56.760]  it much different than the witness list and the evidence list that I have to file with
[01:22:56.760 --> 01:22:57.760]  the court?
[01:22:57.760 --> 01:22:58.760]  What is the timing to all of that?
[01:22:58.760 --> 01:23:04.400]  Since I'm asking all these questions, if you can jot these down for me real quick.
[01:23:04.400 --> 01:23:08.640]  Can a tort claim be filed in the midst of a sham legal proceeding?
[01:23:08.640 --> 01:23:17.560]  Then I have another question in regards to... Let's get these one at a time.
[01:23:17.560 --> 01:23:24.920]  First of all, the first question is you tried to engage discovery.
[01:23:24.920 --> 01:23:32.520]  Now, we have great difficulty as so-called pro se litigants, and of course, we know we're
[01:23:32.520 --> 01:23:38.920]  really an appropriate persona, but they like to categorize us as pro se, we're ignorant
[01:23:38.920 --> 01:23:40.920]  groups who don't know anything.
[01:23:40.920 --> 01:23:48.480]  The lawyers, the bar life attorney, tend to exploit that by just ignoring the discovery
[01:23:48.480 --> 01:23:50.200]  that we filed.
[01:23:50.200 --> 01:24:04.400]  Now, the judge or the court can toss out an attempt to pre-file discovery.
[01:24:04.400 --> 01:24:09.600]  The way to get around that, the way to make the court aware that you've done your Real
[01:24:09.600 --> 01:24:17.320]  26 disclosures, which is an incredibly powerful tool, the way to let the judge know that you
[01:24:17.320 --> 01:24:23.280]  are wanting to engage discovery so that you can get on down the trail, get to the ultimate
[01:24:23.280 --> 01:24:39.120]  facts and get it done, is put the court on notice of a proposed discovery plan, and it
[01:24:39.120 --> 01:24:42.520]  adds your discovery to that.
[01:24:42.520 --> 01:24:48.880]  Now, our students are familiar with the use of declarations.
[01:24:48.880 --> 01:24:55.120]  You can actually put a declaration and notice to the court of, I'm proposing this discovery
[01:24:55.120 --> 01:25:00.760]  plan, and then put a declaration in it that if you don't hear an objection from the other
[01:25:00.760 --> 01:25:07.360]  side, you're going to go ahead, and if they want to object and set it for hearing before
[01:25:07.360 --> 01:25:11.800]  at the court with a discovery conference, that's fine, you're copacetic with that,
[01:25:11.800 --> 01:25:17.480]  but if they're not going to object, you're going to presume that it's okay for you to
[01:25:17.480 --> 01:25:19.640]  go ahead and engage discovery.
[01:25:19.640 --> 01:25:29.120]  Now, what that does is it tends to light a fire under the other side to try to agitate
[01:25:29.120 --> 01:25:35.720]  to do something, and they're unpredictable, but the way to get around a judge or a court
[01:25:35.720 --> 01:25:40.680]  saying, oh no, wait a minute, you can't fire your discovery here, you have to do that later
[01:25:40.680 --> 01:25:47.920]  on when the judge asks for it and when you're using it to support a summary judgment, whoa,
[01:25:47.920 --> 01:25:48.920]  whoa, whoa, whoa.
[01:25:48.920 --> 01:25:56.800]  I'm giving you notice of my proposed discovery plan, and I'm also being courteous to the
[01:25:56.800 --> 01:26:03.000]  opposing party, and I'm saying, now, if you guys object to this, please let me know if
[01:26:03.000 --> 01:26:08.040]  you object to this, and let's go ahead and set it for a hearing to determine whether
[01:26:08.040 --> 01:26:16.080]  or not, in a discovery conference, to determine whether or not this is a good discovery.
[01:26:16.080 --> 01:26:19.480]  So that, I hope, forecloses your first question.
[01:26:19.480 --> 01:26:29.040]  The second is, can you insert a new cause of action, a new court, in an ongoing case?
[01:26:29.040 --> 01:26:40.880]  Yes, as a defendant or a plaintiff, you can add a cause of action or a party with leave
[01:26:40.880 --> 01:26:43.400]  of the court.
[01:26:43.400 --> 01:26:51.840]  So let's say that you sued somebody for breach of contract, and you discovered a cause of
[01:26:51.840 --> 01:26:56.880]  action for fraud, and you're already on down the trail of litigation.
[01:26:56.880 --> 01:27:10.640]  What you do is you notice the court that you want leave to amend your pleading to include
[01:27:10.640 --> 01:27:21.840]  newly discovered evidence of a further cause of action, and, you know, I'm not somebody
[01:27:21.840 --> 01:27:28.520]  that's really, personally, going to win a lot of awards on pleading, because I'm not
[01:27:28.520 --> 01:27:33.200]  focused on creating a perfect symphony.
[01:27:33.200 --> 01:27:45.880]  I'm focused on winning, and you win with logic, and you do yourself a great, great favor when
[01:27:45.880 --> 01:27:50.600]  you petition the court without carrying favor.
[01:27:50.600 --> 01:27:53.280]  You're essentially saying, may I?
[01:27:53.280 --> 01:27:54.880]  May I engage discovery?
[01:27:54.880 --> 01:27:56.320]  Here's what I want to do.
[01:27:56.320 --> 01:27:57.800]  Here's my plan.
[01:27:57.800 --> 01:27:59.280]  Please let me go forward with this.
[01:27:59.280 --> 01:28:02.760]  I'm noticing you that this is my proposed discovery plan.
[01:28:02.760 --> 01:28:08.880]  I'm noticing you that I would like leave them in my pleading, because, hey, I just discovered
[01:28:08.880 --> 01:28:16.280]  something that really is right within the same transaction occurrence that I've been
[01:28:16.280 --> 01:28:17.680]  exposed to.
[01:28:17.680 --> 01:28:20.880]  Does that answer your question?
[01:28:20.880 --> 01:28:22.560]  Yes and no.
[01:28:22.560 --> 01:28:24.920]  Let me explain the midst of the sham proceedings.
[01:28:24.920 --> 01:28:32.520]  I had quieted my title in state court, and the opposing party moved it to federal court,
[01:28:32.520 --> 01:28:35.080]  obviously, with no jurisdiction.
[01:28:35.080 --> 01:28:36.080]  And now...
[01:28:36.080 --> 01:28:40.960]  Well, when you say there's no jurisdiction, was there diversity of jurisdiction?
[01:28:40.960 --> 01:28:45.160]  Are you in one state and the other litigant in another state?
[01:28:45.160 --> 01:28:48.080]  Well, that's what they're claiming, but here's the problem.
[01:28:48.080 --> 01:28:51.240]  With diversity, you have to have a minimum of $75,000.
[01:28:51.240 --> 01:28:56.760]  And I was in administrative pleading the state court over the fact that the mortgage, well,
[01:28:56.760 --> 01:29:02.400]  the assignment on the registered deed for the $1 consideration.
[01:29:02.400 --> 01:29:04.640]  And so I put in my affidavit.
[01:29:04.640 --> 01:29:05.640]  Wait, hold on.
[01:29:05.640 --> 01:29:06.640]  Whoa, whoa, whoa.
[01:29:06.640 --> 01:29:07.640]  Yeah.
[01:29:07.640 --> 01:29:11.680]  The threshold is completely different.
[01:29:11.680 --> 01:29:12.680]  You got them a little mixed up.
[01:29:12.680 --> 01:29:15.280]  And Randy, you can go into that and explain it.
[01:29:15.280 --> 01:29:17.360]  Well, I wasn't going to go to the threshold.
[01:29:17.360 --> 01:29:26.600]  I was going to go to the Federal Court Venue and Removal Clarification Act of 2012.
[01:29:26.600 --> 01:29:28.880]  Changed everything.
[01:29:28.880 --> 01:29:30.680]  Very limited.
[01:29:30.680 --> 01:29:31.680]  Very limited.
[01:29:31.680 --> 01:29:38.000]  They have diversity jurisdiction unless one party lives inside the state.
[01:29:38.000 --> 01:29:41.800]  If one party is in the state, there is no diversity.
[01:29:41.800 --> 01:29:46.800]  And if there, when a case is removed, we're out of time and we'll talk about cases being
[01:29:46.800 --> 01:29:49.240]  removed when we come back on the other side.
[01:29:49.240 --> 01:29:54.440]  This is Randy Kelton, Steve Skidmore, Joe Esquivel here with our special guest, Richard
[01:29:54.440 --> 01:29:55.440]  Kornforth.
[01:29:55.440 --> 01:29:58.640]  We'll be right back on the other side.
[01:29:58.640 --> 01:30:04.160]  Is it iPhone or iSpy?
[01:30:04.160 --> 01:30:09.120]  In Germany, one man had to file a lawsuit to learn how his cell phone carrier was tracking
[01:30:09.120 --> 01:30:10.120]  his every move 24-7.
[01:30:10.120 --> 01:30:16.080]  I'm Dr. Catherine Albrecht, and I'll have the creepy details in a moment.
[01:30:16.080 --> 01:30:17.800]  Privacy is under attack.
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[01:30:26.400 --> 01:30:31.600]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.600 --> 01:30:34.160]  Privacy, it's worth hanging on to.
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[01:30:53.040 --> 01:30:55.200]  When his carrier objected, he sued.
[01:30:55.200 --> 01:30:58.640]  Tracking people's whereabouts is what phone companies do.
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[01:31:21.480 --> 01:31:24.520]  Your carrier is not only watching, it's taking notes.
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[01:33:07.040 --> 01:33:35.480]  Welcome back to Rule of Law, folks.
[01:33:35.480 --> 01:33:42.640]  Before we went to break, we were speaking with Kristen in Texas, and Richard, you were
[01:33:42.640 --> 01:33:44.680]  giving Kristen what for?
[01:33:44.680 --> 01:33:48.480]  Yeah, I asked for it, I think the problem is...
[01:33:48.480 --> 01:33:57.560]  Before we go forward, Kristen, you were saying that you filed a suit in state court in a
[01:33:57.560 --> 01:34:01.480]  foreclosure case, and it was removed to the Fed.
[01:34:01.480 --> 01:34:09.280]  I'd like to ask you, since you're in Texas, your suit in the district court, were you
[01:34:09.280 --> 01:34:16.800]  raising an issue of genuine title, or were you raising an issue of wrongful foreclosure?
[01:34:16.800 --> 01:34:18.600]  I have a reason for asking this.
[01:34:18.600 --> 01:34:20.120]  I have to correct you.
[01:34:20.120 --> 01:34:22.680]  It was a quiet title case in Michigan.
[01:34:22.680 --> 01:34:25.760]  I'm actually from Michigan, I'm currently visiting.
[01:34:25.760 --> 01:34:27.760]  Oh, I see.
[01:34:27.760 --> 01:34:28.760]  Okay.
[01:34:28.760 --> 01:34:30.640]  Okay, so jurisdiction is in Michigan.
[01:34:30.640 --> 01:34:35.320]  And they use mortgages, even though it's non-jurisdictional, it's administrative.
[01:34:35.320 --> 01:34:36.320]  Okay.
[01:34:36.320 --> 01:34:41.920]  Well, what I'm wondering is, did it involve a federal question such as predatory lending?
[01:34:41.920 --> 01:34:43.880]  No, it did not.
[01:34:43.880 --> 01:34:49.600]  It was purely a quiet title because they did not have...
[01:34:49.600 --> 01:34:56.240]  Actually, they filed that they owned the mortgage note in the midst of a default that had that
[01:34:56.240 --> 01:35:00.640]  one piece at a time, and that goes against statute because you can't buy a note while
[01:35:00.640 --> 01:35:01.640]  it's in default.
[01:35:01.640 --> 01:35:02.640]  And they purposely put that in there.
[01:35:02.640 --> 01:35:06.840]  And they want to try to flip it up and make it seem like I was in foreclosure, but I'm
[01:35:06.840 --> 01:35:10.920]  the one that brought the case out, and I'm not in foreclosure.
[01:35:10.920 --> 01:35:15.840]  And I told them, I challenged the jurisdiction, but they didn't have it because the amount
[01:35:15.840 --> 01:35:19.960]  of the so-called assignment was for a dollar.
[01:35:19.960 --> 01:35:25.240]  And so where was the $75,000 limit in order for the federal court to hear it?
[01:35:25.240 --> 01:35:32.280]  Well, to me, there's another problem because so many of the foreclosures involve a federal
[01:35:32.280 --> 01:35:40.760]  question, but yours is just simply an invalid, defeasance to title.
[01:35:40.760 --> 01:35:44.720]  They cross-wired it, and that absolutely...
[01:35:44.720 --> 01:35:49.680]  The federal court does not have subject matter jurisdiction to hear such a case.
[01:35:49.680 --> 01:35:55.600]  But the proceedings have been going on for a year purposely, they know that they don't
[01:35:55.600 --> 01:35:59.400]  have it, but yet they're keep prolonging the case.
[01:35:59.400 --> 01:36:00.400]  Okay.
[01:36:00.400 --> 01:36:03.400]  They're churning it.
[01:36:03.400 --> 01:36:04.400]  Yeah.
[01:36:04.400 --> 01:36:07.600]  They're churning the case so that they can bill their client.
[01:36:07.600 --> 01:36:11.480]  That'll give them control.
[01:36:11.480 --> 01:36:17.800]  We just moved for sanctions against the lawyer and asked the court to grant sanctions against
[01:36:17.800 --> 01:36:23.520]  the lawyer in the amount he charged his client to file this frivolous pleading.
[01:36:23.520 --> 01:36:27.480]  We won't get it, but we blacked his eye.
[01:36:27.480 --> 01:36:33.080]  The judge is testifying and has testified in his orders that he won't renew himself.
[01:36:33.080 --> 01:36:35.720]  I asked him to disqualify himself, he won't do it.
[01:36:35.720 --> 01:36:42.760]  So that's why I asked, can I now file another tort case against them while we're still playing
[01:36:42.760 --> 01:36:46.680]  this fraudulent legal proceeding game?
[01:36:46.680 --> 01:36:47.680]  Against the judge?
[01:36:47.680 --> 01:36:52.160]  I'd say he earned himself a judicial misconduct complaint.
[01:36:52.160 --> 01:36:57.160]  That is in the Fed a separate pleading, a separate case.
[01:36:57.160 --> 01:37:00.520]  Here's what I need to understand.
[01:37:00.520 --> 01:37:04.240]  Are you still in constructive use of the property?
[01:37:04.240 --> 01:37:06.240]  Oh yeah.
[01:37:06.240 --> 01:37:07.240]  Okay.
[01:37:07.240 --> 01:37:08.240]  Quite.
[01:37:08.240 --> 01:37:19.880]  I suggest threaten the lawyer with a combination Fair Debt Collections Practices Act suit and
[01:37:19.880 --> 01:37:20.880]  racketeering suit.
[01:37:20.880 --> 01:37:21.880]  I tried.
[01:37:21.880 --> 01:37:28.000]  I did that already and that didn't scare them earlier in the case.
[01:37:28.000 --> 01:37:29.000]  You threatened them or you filed it?
[01:37:29.000 --> 01:37:30.000]  I threatened them.
[01:37:30.000 --> 01:37:35.000]  I'm about to file it though because my statute of limitations, which I'm glad you broke it
[01:37:35.000 --> 01:37:36.000]  up.
[01:37:36.000 --> 01:37:39.640]  Do you still hold it if I'm just now becoming aware of my violations?
[01:37:39.640 --> 01:37:40.640]  No.
[01:37:40.640 --> 01:37:41.640]  No.
[01:37:41.640 --> 01:37:50.880]  The SPCPA has a very, very bright line, one year statute of limitation from a known act
[01:37:50.880 --> 01:37:53.960]  and you know what these acts are.
[01:37:53.960 --> 01:37:59.480]  When I disputed the debt, is that the known act or when I filed for a hearing with the
[01:37:59.480 --> 01:38:02.520]  CDT, when is it considered a known act?
[01:38:02.520 --> 01:38:04.520]  It's a known act when you become aware of it.
[01:38:04.520 --> 01:38:06.600]  A known act is something that they have to do.
[01:38:06.600 --> 01:38:14.400]  So in other words, if you disputed it and they proceeded with litigation without resolving
[01:38:14.400 --> 01:38:19.040]  the dispute, that tells the time for the act.
[01:38:19.040 --> 01:38:23.000]  But here's what everybody should remember.
[01:38:23.000 --> 01:38:34.360]  Lawyers are stupid and if a statute of limitations has expired with the exception of the FDCPA,
[01:38:34.360 --> 01:38:40.040]  you can reset it by tacit appropriation.
[01:38:40.040 --> 01:38:47.280]  You can send a lawyer a letter, certified mail, say, dude, I want to get this done.
[01:38:47.280 --> 01:38:50.920]  Would you please respond to these specific things?
[01:38:50.920 --> 01:38:58.160]  He either responds and resets or he doesn't respond because you put a disclaimer in there
[01:38:58.160 --> 01:39:04.360]  and say, look, if you don't respond within the next number of days, I'm going to assume
[01:39:04.360 --> 01:39:10.200]  that you're in agreement that everything is resolved and you're going to leave me alone.
[01:39:10.200 --> 01:39:20.960]  So it is possible to reset almost any cause of action that involves a monetary transaction.
[01:39:20.960 --> 01:39:27.280]  The exception to that would be the FDCPA, personal injury involving motor vehicle or
[01:39:27.280 --> 01:39:28.280]  something like that.
[01:39:28.280 --> 01:39:33.080]  You're not going to be able to reset that unless you actually have an issue of the delayed
[01:39:33.080 --> 01:39:34.080]  discovery.
[01:39:34.080 --> 01:39:42.440]  Can I make a suggestion of a slightly different tact?
[01:39:42.440 --> 01:39:48.480]  I no longer make claims under Hopa Tila Respa.
[01:39:48.480 --> 01:39:54.360]  What I make a claim under is Covenant 16 and the security instrument where both parties
[01:39:54.360 --> 01:39:56.480]  agreed to abide by a law.
[01:39:56.480 --> 01:40:04.360]  I made a breach of contract and the clock doesn't run on that one.
[01:40:04.360 --> 01:40:11.920]  I had never, ever claimed the remedy provided by the legislature in the FDCPA or the Truth
[01:40:11.920 --> 01:40:13.640]  in Lending Act.
[01:40:13.640 --> 01:40:15.920]  I claim a breach of Covenant 16.
[01:40:15.920 --> 01:40:22.200]  How about a qualified written request?
[01:40:22.200 --> 01:40:27.160]  If they don't respond to it, we do the qualified written request and I see a lot of them on
[01:40:27.160 --> 01:40:32.600]  the internet and most of them really aren't qualified written requests because they don't
[01:40:32.600 --> 01:40:34.160]  claim an accounting error.
[01:40:34.160 --> 01:40:38.600]  How about a debt validation versus qualified written request?
[01:40:38.600 --> 01:40:44.800]  Debt validation, the time limit is when you can file those things.
[01:40:44.800 --> 01:40:50.080]  The qualified written request is a good one if you just take all of the amounts, all of
[01:40:50.080 --> 01:40:55.920]  the fees from the HUD-1 settlement statement and state that, you know, at closing you didn't
[01:40:55.920 --> 01:41:01.200]  provide documentation to show that these fees were actually valid.
[01:41:01.200 --> 01:41:07.400]  So I believe they're all bogus and RODASH fees, RODASH fees is a term that comes from
[01:41:07.400 --> 01:41:12.120]  a California case and that's fraudulent fees on the HUD-1, they all have them.
[01:41:12.120 --> 01:41:20.640]  You claim they're all fraudulent and ask the lender to correct the payment amounts by deducting
[01:41:20.640 --> 01:41:24.760]  the full amount from the HUD-1 settlement statement.
[01:41:24.760 --> 01:41:31.000]  That's your accounting error claim and it turns most people just in to do requests for
[01:41:31.000 --> 01:41:33.800]  discovery and call it a qualified written request.
[01:41:33.800 --> 01:41:37.600]  It has to have an accounting error and you've got that one laying there in the background
[01:41:37.600 --> 01:41:38.600]  you can always use.
[01:41:38.600 --> 01:41:40.600]  Does that make sense, Richard?
[01:41:40.600 --> 01:41:42.240]  Yeah, it does.
[01:41:42.240 --> 01:41:52.960]  I'm coming back to square one wanting to leave Christine with a strategy and if you have
[01:41:52.960 --> 01:41:58.000]  threatened them with a racketeering suit, you might blow the dust off that and just
[01:41:58.000 --> 01:42:00.200]  get it done.
[01:42:00.200 --> 01:42:09.760]  And also if you'll check your state statutes, racketeering has comity with states, sometimes
[01:42:09.760 --> 01:42:19.080]  you have to file a complaint with the state attorney general, but don't overlook a possibility
[01:42:19.080 --> 01:42:26.800]  because it seems like you've run into some particularly nasty federal officials there
[01:42:26.800 --> 01:42:34.640]  and once your name gets before a federal venue favorably or unfavorably, it's a highway one
[01:42:34.640 --> 01:42:42.160]  way or the other and it still amazes me that I'm blacklisted in some places where I never
[01:42:42.160 --> 01:42:50.840]  did anything wrong and in other places, I almost like falling off a log, got some pretty
[01:42:50.840 --> 01:43:00.440]  important litigation through, but I would say maybe to try to get closure, go ahead
[01:43:00.440 --> 01:43:05.440]  and file the racketeering suit.
[01:43:05.440 --> 01:43:07.800]  Okay.
[01:43:07.800 --> 01:43:10.720]  Okay.
[01:43:10.720 --> 01:43:17.720]  I once had a lawyer tell me that filing a RICO suit is like dropping an atomic bomb
[01:43:17.720 --> 01:43:18.720]  on them.
[01:43:18.720 --> 01:43:21.960]  They really hate that.
[01:43:21.960 --> 01:43:27.800]  Well because they can't understand it, it's too simple for them.
[01:43:27.800 --> 01:43:34.400]  Look, there's only about seven elements and you only have to hit four of them and if you
[01:43:34.400 --> 01:43:43.800]  hit those, you've got them and if they're halfway smart, they'll come to some terms.
[01:43:43.800 --> 01:43:51.400]  We put the second largest law firm in Oklahoma out of business and it only took probably
[01:43:51.400 --> 01:43:52.400]  about 10 weeks.
[01:43:52.400 --> 01:43:53.400]  Hold on, Richard.
[01:43:53.400 --> 01:43:54.400]  We're about to go to break.
[01:43:54.400 --> 01:44:00.280]  This is Randy Kelton, Steve Skidmore, We'll Be Right Back.
[01:44:00.280 --> 01:44:03.800]  You feel tired when talking about important topics like money and politics?
[01:44:03.800 --> 01:44:04.800]  Sorry.
[01:44:04.800 --> 01:44:07.600]  Are you confused by words like the constitution or the federal reserve?
[01:44:07.600 --> 01:44:08.600]  What?
[01:44:08.600 --> 01:44:12.600]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:45:01.280 --> 01:45:04.440]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:52.440 --> 01:45:59.520]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[01:45:59.520 --> 01:46:29.120]  Okay, we are back, Randy Kelton, Steve Skidmore, Joe Esquivel here with our special guest.
[01:46:29.120 --> 01:46:36.160]  I'm sorry, excuse me, with our special guest, Richard Kornforth and Richard, before we start,
[01:46:36.160 --> 01:46:43.360]  go back to Christian, will you give out your website again and the book that Marie has
[01:46:43.360 --> 01:46:44.360]  written.
[01:46:44.360 --> 01:46:45.360]  Oh, my pleasure.
[01:46:45.360 --> 01:46:55.520]  Yeah, the website is richardkornforth.com, the video course is now available there.
[01:46:55.520 --> 01:47:01.520]  You can buy videos, you can acquire books, you can get packages and materials.
[01:47:01.520 --> 01:47:09.560]  One of the highly featured offerings there is Marie's book and companion materials on
[01:47:09.560 --> 01:47:14.440]  fighting foreclosure.
[01:47:14.440 --> 01:47:20.880]  It may be, I'd say it's high on the list of comprehensive information that people can
[01:47:20.880 --> 01:47:30.720]  get to protect themselves from foreclosure fraud and materials that actually can work.
[01:47:30.720 --> 01:47:36.520]  And again, that's richardkornforth.com, all kinds of stuff there.
[01:47:36.520 --> 01:47:38.400]  Okay, wonderful.
[01:47:38.400 --> 01:47:41.560]  Now we're going to go back to Christian in Texas.
[01:47:41.560 --> 01:47:42.560]  All right.
[01:47:42.560 --> 01:47:43.560]  Okay.
[01:47:43.560 --> 01:47:44.560]  Okay.
[01:47:44.560 --> 01:47:45.560]  Go ahead, Christian.
[01:47:45.560 --> 01:47:46.560]  Okay, thank you.
[01:47:46.560 --> 01:47:51.240]  Richard, you once said in one of your courses that appealing a file sometimes is like just
[01:47:51.240 --> 01:47:57.320]  having the clerk review it instead of the judge and it can be a waste of time.
[01:47:57.320 --> 01:48:02.720]  Is it better to just file a government tort claim as opposed to appealing a file if a
[01:48:02.720 --> 01:48:07.240]  court lacks subject matter of jurisdiction to begin with?
[01:48:07.240 --> 01:48:16.240]  Well, I wouldn't bypass filing an appeal.
[01:48:16.240 --> 01:48:23.640]  I would still file an appeal even though the appellate process has been long adulterated.
[01:48:23.640 --> 01:48:28.240]  I would still go the appellate route.
[01:48:28.240 --> 01:48:33.080]  The problem with the tort claim is it's difficult to set up.
[01:48:33.080 --> 01:48:39.160]  I encourage people to do the tort claim and when people really learn how to do a perfected
[01:48:39.160 --> 01:48:46.240]  strategy on a tort claim, it's going to be a real game changer but you have to be careful
[01:48:46.240 --> 01:48:52.680]  on how you actually set it up and to fundamentally set up a tort claim, you have to file a complaint
[01:48:52.680 --> 01:49:02.720]  against the entity that has the duty to supervise and review conduct of a public official and
[01:49:02.720 --> 01:49:03.720]  they have to.
[01:49:03.720 --> 01:49:08.480]  They have a statutory duty to investigate, take appropriate action and if they don't,
[01:49:08.480 --> 01:49:14.520]  then they're liable and that way you can sue them both but if you don't pursue that administrative
[01:49:14.520 --> 01:49:18.600]  proceeding, you can't sue them.
[01:49:18.600 --> 01:49:31.840]  So it's something that is strategically, the layout is there but I would not forego an
[01:49:31.840 --> 01:49:40.200]  opportunity to go to appeal either before or due both of them.
[01:49:40.200 --> 01:49:46.920]  Most jurisdictions that I've seen require that before you can sue a governmental agency
[01:49:46.920 --> 01:49:55.960]  or a governmental entity that you must give them a notice and opportunity and 60 days
[01:49:55.960 --> 01:49:56.960]  to repair.
[01:49:56.960 --> 01:49:57.960]  Right.
[01:49:57.960 --> 01:50:02.120]  So you have to send them a tort letter and give them 60 days otherwise you can't sue
[01:50:02.120 --> 01:50:03.120]  at all.
[01:50:03.120 --> 01:50:04.120]  Right.
[01:50:04.120 --> 01:50:09.840]  It's been my experience, they never ever respond to the tort letter so it's just a perfunctory
[01:50:09.840 --> 01:50:10.840]  thing you need to do.
[01:50:10.840 --> 01:50:16.280]  So let's just say that in order to do a civil rights litigation, you have one year to do
[01:50:16.280 --> 01:50:22.080]  it from the time that it occurred and in my case, produced fraudulent proceedings was
[01:50:22.080 --> 01:50:24.400]  my quiet title.
[01:50:24.400 --> 01:50:29.760]  I am approaching a year so I won't be able to do it because it's going to, if I have
[01:50:29.760 --> 01:50:32.960]  to give them 60 days notice, I'm going to-
[01:50:32.960 --> 01:50:41.280]  Wait a minute, are you talking about a year from the first day they did something wrong
[01:50:41.280 --> 01:50:43.880]  or the last day they did something wrong?
[01:50:43.880 --> 01:50:49.200]  Well, the first day that they moved it to the federal court was back in May of last
[01:50:49.200 --> 01:50:51.200]  year and-
[01:50:51.200 --> 01:50:56.120]  If the federal court didn't have jurisdiction, everything they're doing in the federal court
[01:50:56.120 --> 01:50:58.240]  is adding to the wrong.
[01:50:58.240 --> 01:50:59.240]  Right.
[01:50:59.240 --> 01:51:02.000]  So the clock's not running yet.
[01:51:02.000 --> 01:51:04.000]  Okay, good.
[01:51:04.000 --> 01:51:05.000]  Okay.
[01:51:05.000 --> 01:51:06.000]  All right.
[01:51:06.000 --> 01:51:07.000]  Is that correct, Richard?
[01:51:07.000 --> 01:51:08.000]  That is correct.
[01:51:08.000 --> 01:51:09.000]  That's correct.
[01:51:09.000 --> 01:51:10.000]  Okay.
[01:51:10.000 --> 01:51:19.400]  Because I have like 5,000 cases that I'm doing, I have such confidence coming out of
[01:51:19.400 --> 01:51:25.080]  Richard's class that I just took on the world and it's been an eye-opening experience having
[01:51:25.080 --> 01:51:27.360]  to go through all of this.
[01:51:27.360 --> 01:51:32.440]  I just have one other question because I have not fully gone through the whole process so
[01:51:32.440 --> 01:51:37.320]  I'm kind of going at it blindly and I don't have the experience behind me to really know
[01:51:37.320 --> 01:51:46.080]  what to do next but I have a case where I filed a complaint in the FDC, Fair Debt Collection
[01:51:46.080 --> 01:51:50.800]  Court and the judge has called for a teleconference.
[01:51:50.800 --> 01:51:55.600]  Can that be considered the same as a pre-trial conference?
[01:51:55.600 --> 01:52:03.200]  I'm not sure how this works with my- I did send the opposing party my Rule 26 disclosure
[01:52:03.200 --> 01:52:04.200]  and-
[01:52:04.200 --> 01:52:05.200]  Oh, great.
[01:52:05.200 --> 01:52:06.200]  Great.
[01:52:06.200 --> 01:52:12.080]  But I didn't notice the court about it because they kept telling me I couldn't file it so
[01:52:12.080 --> 01:52:18.960]  I just sent it to the opposing party and so I don't know what the steps and the gains
[01:52:18.960 --> 01:52:24.960]  are at this point because the judge is scheduled a teleconference on the 25th of May, I'm sorry,
[01:52:24.960 --> 01:52:27.160]  the 22nd of May.
[01:52:27.160 --> 01:52:28.440]  That's great news.
[01:52:28.440 --> 01:52:41.760]  That's great news and what I would do is consider putting the court on notice of your Rule 26
[01:52:41.760 --> 01:52:42.760]  disclosures.
[01:52:42.760 --> 01:52:50.040]  There's a difference between filing Rule 26 disclosures and then putting it on notice.
[01:52:50.040 --> 01:52:57.160]  There are cases that we have won in this conference and there was one in particular that comes
[01:52:57.160 --> 01:53:04.240]  to mind where my students- it was actually a face-to-face conference but the judge called
[01:53:04.240 --> 01:53:14.360]  for the conference and my student had done the Rule 26 and the other side had not and
[01:53:14.360 --> 01:53:19.960]  so went before the judge and of course the judges, they don't want to mess around with
[01:53:19.960 --> 01:53:20.960]  this stuff.
[01:53:20.960 --> 01:53:22.640]  They're busy.
[01:53:22.640 --> 01:53:25.440]  They want the really big stuff.
[01:53:25.440 --> 01:53:33.000]  Federal judges are second-rate politicians and so my guy says, I don't know how we can
[01:53:33.000 --> 01:53:35.280]  have a trial.
[01:53:35.280 --> 01:53:36.280]  What do you mean?
[01:53:36.280 --> 01:53:45.160]  Well, they didn't give me their Rule 26 disclosures and because they didn't, I don't know what
[01:53:45.160 --> 01:53:51.120]  I can engage discovery on and so we're going to come up to trial and they're not going
[01:53:51.120 --> 01:53:57.840]  to have anything to use in trial because they didn't tell me what they were disclosing that
[01:53:57.840 --> 01:54:01.240]  could be an area of discovery.
[01:54:01.240 --> 01:54:04.600]  The judge says, well, that's right, why didn't you do that?
[01:54:04.600 --> 01:54:11.080]  In other words, you raided the lawyer and slammed him with a judgment of a couple thousand
[01:54:11.080 --> 01:54:19.280]  bucks which on the surface it didn't sound like very much but he beat your lawyer and
[01:54:19.280 --> 01:54:25.440]  if we could get a thousand people a week to file an FDCPA, how much is a thousand times
[01:54:25.440 --> 01:54:27.800]  a thousand?
[01:54:27.800 --> 01:54:34.840]  We could be taking a million dollars a week from lawyers that are just harassing and if
[01:54:34.840 --> 01:54:38.600]  they actually get money, go ahead.
[01:54:38.600 --> 01:54:48.320]  I have a friend that said, the judge tore the button off the lawyer's shirt.
[01:54:48.320 --> 01:54:55.800]  You're talking about some guy that makes $256,000 a year looking at a lawyer that is probably
[01:54:55.800 --> 01:55:02.080]  starving to death, picking on people, harassing them, telling a pack of lies, he just has
[01:55:02.080 --> 01:55:07.240]  no respect for him at all.
[01:55:07.240 --> 01:55:16.520]  So the FDCPA is still one of our best strategies and of course, if they do actually cause you
[01:55:16.520 --> 01:55:21.160]  damages, you can get those damages through the FDCPA now.
[01:55:21.160 --> 01:55:27.200]  You don't only get your statutory and your inconvenience but how much did they take from
[01:55:27.200 --> 01:55:28.200]  you?
[01:55:28.200 --> 01:55:29.200]  Well, you get that now too.
[01:55:29.200 --> 01:55:30.200]  Amen.
[01:55:30.200 --> 01:55:31.200]  Amen.
[01:55:31.200 --> 01:55:35.800]  And one quick question, because you guys have been so patient with me, I appreciate that.
[01:55:35.800 --> 01:55:36.800]  I have another FDCPA.
[01:55:36.800 --> 01:55:41.840]  Kristen, hold on, one question.
[01:55:41.840 --> 01:55:44.640]  Have you had a scheduling conference?
[01:55:44.640 --> 01:55:50.280]  See, I hear these terms and I read it and I'm going to-
[01:55:50.280 --> 01:55:54.200]  Okay, let me explain this.
[01:55:54.200 --> 01:55:57.840]  Contact the lawyer on the other side and ask him for a proposed scheduling conference.
[01:55:57.840 --> 01:56:03.400]  Oh, how long is it going to take you, your discovery, you notice all your witnesses,
[01:56:03.400 --> 01:56:09.520]  all of the timeframes of everything that's supposed to happen.
[01:56:09.520 --> 01:56:11.760]  Ask the other side to send you a proposed scheduling order.
[01:56:11.760 --> 01:56:15.840]  You have to do this at least a week before the scheduling conference and if he asks
[01:56:15.840 --> 01:56:19.240]  for a phone conference, that's most likely what that is.
[01:56:19.240 --> 01:56:24.480]  So call the lawyer asking to send you a proposed scheduling conference and you look at it and
[01:56:24.480 --> 01:56:29.720]  add a month to all the dates and send it back and then you're ready for the scheduling
[01:56:29.720 --> 01:56:30.720]  conference.
[01:56:30.720 --> 01:56:39.120]  Is this the first thing the judge has, the first time the court has actually had you
[01:56:39.120 --> 01:56:40.120]  do something?
[01:56:40.120 --> 01:56:41.120]  Yes.
[01:56:41.120 --> 01:56:44.640]  It's almost always a scheduling conference.
[01:56:44.640 --> 01:56:45.640]  It's non-confrontation.
[01:56:45.640 --> 01:56:46.640]  Okay.
[01:56:46.640 --> 01:56:47.640]  Go ahead, Richard.
[01:56:47.640 --> 01:56:48.640]  Yeah.
[01:56:48.640 --> 01:56:58.880]  And actually, you're right, it usually is non-confrontational, but it's not unusual
[01:56:58.880 --> 01:57:03.780]  for one of two things to happen.
[01:57:03.780 --> 01:57:13.240]  One thing that can happen is the judge can push back and say, I tell you what, let's
[01:57:13.240 --> 01:57:16.960]  go behind the pleadings.
[01:57:16.960 --> 01:57:20.880]  You have something that's pretty important to you to bring to this court.
[01:57:20.880 --> 01:57:24.960]  Can you just kind of tell me a little story?
[01:57:24.960 --> 01:57:30.120]  Depending on the person, that can be a great opportunity.
[01:57:30.120 --> 01:57:39.280]  The other thing that is not uncommon to come out of such a conference is the judge to kind
[01:57:39.280 --> 01:57:47.600]  of pull his ears and say, what I want you guys to do is meet with Magistrate Jones
[01:57:47.600 --> 01:57:48.600]  over here.
[01:57:48.600 --> 01:57:51.440]  We'll set that up in a couple of weeks.
[01:57:51.440 --> 01:57:56.280]  And I just want you to see if you can just both work that out.
[01:57:56.280 --> 01:58:10.480]  And federal judges look at a lawyer that is uncooperative with extreme disfavor.
[01:58:10.480 --> 01:58:15.240]  And so there's all kinds of possibilities.
[01:58:15.240 --> 01:58:19.920]  That's kind of one that you pray over because there could be some really interesting results
[01:58:19.920 --> 01:58:25.920]  come out of that, particularly if you get your RP to tell a story and you say I'm being
[01:58:25.920 --> 01:58:26.920]  harassed.
[01:58:26.920 --> 01:58:32.600]  I don't even know what all the angles of why this person is acting this way and doing these
[01:58:32.600 --> 01:58:33.600]  things.
[01:58:33.600 --> 01:58:35.600]  But I want them to leave me alone.
[01:58:35.600 --> 01:58:36.600]  Amen.
[01:58:36.600 --> 01:58:37.600]  OK.
[01:58:37.600 --> 01:58:38.600]  Hang on.
[01:58:38.600 --> 01:58:39.600]  We're about to go to break.
[01:58:39.600 --> 01:58:45.520]  This is Randy Kelton, Steve Skidmore, Joe Esquivel here with our special guest, Richard
[01:58:45.520 --> 01:58:46.520]  Cornforth.
[01:58:46.520 --> 01:58:50.360]  Give us a call, 512-646.
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