ROL_2014-08-01_16k_Hr3-4.timecode

[00:00.000 --> 00:07.000]  This is The Liberty Beat, your daily source for Liberty news and activist updates.
[00:07.000 --> 00:09.000]  Online at TheLibertyBeat.com.
[00:09.000 --> 00:13.000]  I'm Brian Hagan with your Liberty Beat for Thursday, July 31, 2014.
[00:13.000 --> 00:16.000]  Gold opens today at $1,295.
[00:16.000 --> 00:18.000]  Silver opens at $20.66.
[00:18.000 --> 00:21.000]  And Bitcoin is trading around $574.
[00:21.000 --> 00:24.000]  Support for The Liberty Beat comes from Affordable Sound.
[00:24.000 --> 00:28.000]  CD and DVD duplication for all your print and audio duplication needs.
[00:28.000 --> 00:34.000]  Mention promo code LIBERTY and get 5% off all DVD and CD duplication jobs.
[00:34.000 --> 00:36.000]  Online at AffordableSound.com.
[00:36.000 --> 00:41.000]  Or give them a call, 512-459-5253.
[00:41.000 --> 00:46.000]  In the news, the United Nations has accused Israel of seriously violating international law
[00:46.000 --> 00:49.000]  after it struck a school located within a refugee camp,
[00:49.000 --> 00:53.000]  killing at least 15 people, mostly women and children, as they slept.
[00:53.000 --> 00:56.000]  That word from a report published by The Guardian.
[00:56.000 --> 01:00.000]  The UN secretary-general said the attack, which left 100 more injured,
[01:00.000 --> 01:05.000]  was outrageous and unjustifiable, and demanded accountability and justice.
[01:05.000 --> 01:13.000]  The attack left 17 dead, including a journalist, according to Gaza health officials.
[01:13.000 --> 01:16.000]  On Tuesday, the United States and the European Union announced plans
[01:16.000 --> 01:19.000]  to inflict a new round of sanctions against Moscow.
[01:19.000 --> 01:23.000]  The broader sanctions include limiting access to EU capital markets
[01:23.000 --> 01:25.000]  for Russian state-owned financial institutions.
[01:25.000 --> 01:31.000]  Imposing an embargo on arms trade and reducing Russia's access to sensitive technologies,
[01:31.000 --> 01:33.000]  particularly in the oil sector.
[01:33.000 --> 01:37.000]  In a speech in front of the White House, Obama said the US will block the exports
[01:37.000 --> 01:44.000]  of specific goods and technologies to the Russian energy sector.
[01:44.000 --> 01:49.000]  Albuquerque Police Department is considering scrapping use of its MRAP armored vehicle
[01:49.000 --> 01:53.000]  after opposition from the public and negative press attention that accused the country
[01:53.000 --> 01:55.000]  of turning into a militarized police tank.
[01:55.000 --> 01:59.000]  The department acquired the military-style vehicle through the Department of Defense's
[01:59.000 --> 02:04.000]  1033 program, which allows law enforcement agencies to obtain war vehicles
[02:04.000 --> 02:07.000]  used to hunt insurgents in Iraq and Afghanistan.
[02:07.000 --> 02:11.000]  An ACLU report warned that such vehicles are part of militarized policing,
[02:11.000 --> 02:14.000]  in which Americans are treated like wartime enemies.
[02:14.000 --> 02:17.000]  Support for Liberty Week comes from The Cory Moore Show,
[02:17.000 --> 02:21.000]  live each Friday night at 9 o'clock Central Time.
[02:21.000 --> 02:24.000]  That's CoryMoorShow.com.
[02:24.000 --> 02:28.000]  And support for Liberty Week comes from Roberts & Roberts Brokerage, Inc.,
[02:28.000 --> 02:32.000]  specializing in precious metals since 1977.
[02:32.000 --> 02:37.000]  They don't feed the banks by taking credit cards, but you can bet they take Bitcoin.
[02:37.000 --> 02:45.000]  Online at rrbi.co or by phone at 800-874-9760.
[02:45.000 --> 02:51.000]  This is the Liberty Beat for Thursday, July 31, 2014.
[02:51.000 --> 03:16.000]  Check out the website at thelibertybeat.com.
[03:16.000 --> 03:21.000]  Well, I received my remedy today.
[03:21.000 --> 03:24.000]  It came in a box just like they say.
[03:24.000 --> 03:27.000]  I accept it for value right away.
[03:27.000 --> 03:32.000]  It's not new, not later.
[03:32.000 --> 03:39.000]  We are originators, and the pathway seems to get straighter every day.
[03:39.000 --> 03:56.000]  Welcome back to Rule of Law, folks.
[03:56.000 --> 04:02.000]  512-646-1984 is the number to dial if you'd like to join the conversation.
[04:02.000 --> 04:07.000]  And we see Dallas in Texas, if you'll call back, we'll get to you.
[04:07.000 --> 04:11.000]  Lucy in Texas, you're up next, so please stay with us.
[04:11.000 --> 04:13.000]  We're speaking with Darlene in Florida.
[04:13.000 --> 04:18.000]  Now, Darlene, so far as stating your causes of action,
[04:18.000 --> 04:26.000]  let's look at what the opposing parties usually bring.
[04:26.000 --> 04:30.000]  They bring a cause of action called forcible detainer
[04:30.000 --> 04:34.000]  or forcible entry in detainer here in the state of Texas.
[04:34.000 --> 04:41.000]  The states call it something different, but in basic terms, it's an eviction action.
[04:41.000 --> 04:46.000]  There are all kinds of elements to causes of action.
[04:46.000 --> 04:49.000]  When you plead out your cause of action,
[04:49.000 --> 04:54.000]  you've got to satisfy every element of that cause of action,
[04:54.000 --> 04:58.000]  because if you do not state a cause of action,
[04:58.000 --> 05:05.000]  aka a claim upon which relief can be granted, your motion will be dismissed.
[05:05.000 --> 05:12.000]  If you fail to plead out every or satisfy every element of your cause of action,
[05:12.000 --> 05:17.000]  likewise your pleading will be dismissed sometimes with prejudice
[05:17.000 --> 05:21.000]  to the filing of the same without leave to amend.
[05:21.000 --> 05:25.000]  Now, if you fail to bring a cause of action,
[05:25.000 --> 05:33.000]  the gentleman that I was speaking in regard to before we went on break,
[05:33.000 --> 05:39.000]  his pleading was actually dismissed with prejudice, which I found odd,
[05:39.000 --> 05:46.000]  because if he failed to state a claim, what claim can he not bring back in?
[05:46.000 --> 05:54.000]  In this gentleman's case, he can come back in with any cause so long as he names one.
[05:54.000 --> 05:58.000]  Okay, so it's very important to know your cause of action,
[05:58.000 --> 06:05.000]  know exactly how each element is satisfied by the actions of the opposing party,
[06:05.000 --> 06:09.000]  and pleading them out correctly, pleading them out completely,
[06:09.000 --> 06:15.000]  pleading them out with support of case law for each element.
[06:15.000 --> 06:22.000]  Now, if you have an issue of first impression where there is no case law
[06:22.000 --> 06:27.000]  to support either the cause of action or each element of the cause of action,
[06:27.000 --> 06:32.000]  you might bring that to the attention of the court.
[06:32.000 --> 06:36.000]  You don't want to slip it up on them, but you want to let them know why.
[06:36.000 --> 06:42.000]  If you are steering away from just a strictly statutory pleading
[06:42.000 --> 06:48.000]  and you're entering case law in support of your arguments, that's very important.
[06:48.000 --> 06:54.000]  That gives the judge, or the court rather, a comfort zone to decide on your favor,
[06:54.000 --> 06:57.000]  or to decide in your favor.
[06:57.000 --> 07:03.000]  However, in an issue of first impression, he doesn't have that comfort zone.
[07:03.000 --> 07:09.000]  So with issues where there are no case law, for example, just for,
[07:09.000 --> 07:15.000]  I'll try to be brief with this, I'm dealing with a cause of action right now
[07:15.000 --> 07:18.000]  where there is no case law.
[07:18.000 --> 07:25.000]  There is case law for the cause of action, but not in the specific elements of my case.
[07:25.000 --> 07:32.000]  So in my case, if let's say the judge sees things my way,
[07:32.000 --> 07:37.000]  and I do expect the judge to see things my way, and the other side doesn't like it,
[07:37.000 --> 07:39.000]  they can appeal.
[07:39.000 --> 07:46.000]  You don't get controlling case law until you go to the appellate or supreme court.
[07:46.000 --> 07:50.000]  So there is a good chance that on the elements of this cause of action,
[07:50.000 --> 08:00.000]  that being enforceable entry and detainer and the filing party's failure to do so in a timely manner,
[08:00.000 --> 08:09.000]  keep in mind that here in Texas there is under Texas Civil Practice and Remedies Code, section 16.003A,
[08:09.000 --> 08:16.000]  that allows a moving party, a party seeking possession of real property,
[08:16.000 --> 08:24.000]  gives them two years from the day after a cause of action accrues to file their enforceable detainer action.
[08:24.000 --> 08:33.000]  It has now been five years in my case, and they still haven't been successful, so they're out of time.
[08:33.000 --> 08:38.000]  However, there are some elements here that need to be pled out,
[08:38.000 --> 08:44.000]  and I pled the opposing counsel pled out in a brief to the court,
[08:44.000 --> 08:51.000]  and in my response brief, I shot down every word in their pleading.
[08:51.000 --> 08:58.000]  Ten pages they typed out, two paragraphs are poignant, sort of.
[08:58.000 --> 09:05.000]  If their legal theory was correct, their legal theory would actually viciate the statute that I just cited.
[09:05.000 --> 09:14.000]  So in my response brief, I had fun writing this response brief,
[09:14.000 --> 09:22.000]  because I learned there how to attack each and every element on the other side's argument,
[09:22.000 --> 09:27.000]  shot it down, this thing is never going to fly.
[09:27.000 --> 09:35.000]  But what I learned there in that pleading, I am now putting in all my pleadings.
[09:35.000 --> 09:38.000]  Let me tell you why.
[09:38.000 --> 09:44.000]  You've got to anticipate your pleading being moved to the federal court.
[09:44.000 --> 09:49.000]  If you do not, now in federal court, you've got tumbley vehicle.
[09:49.000 --> 09:55.000]  Tumbley vehicle, though they say that as a result of tumbley vehicle,
[09:55.000 --> 10:02.000]  no substantive changes were made in the rules of civil procedure for federal courts, that is entirely untrue.
[10:02.000 --> 10:10.000]  There was a very substantial change in where every element must be pled out,
[10:10.000 --> 10:13.000]  or you get kicked out of court, your case gets dismissed.
[10:13.000 --> 10:18.000]  So anytime I write anything for the state court in a state venue,
[10:18.000 --> 10:26.000]  regardless of the level of venue, anything from justice court on up to the district court,
[10:26.000 --> 10:34.000]  I plead out every element in anticipation of my pleading being removed to the federal venue.
[10:34.000 --> 10:44.000]  And sometimes, if you do a good enough job, they won't dare remove to the federal court,
[10:44.000 --> 10:50.000]  because they see that their rule 12b6 is not going to fly either,
[10:50.000 --> 10:55.000]  that you have stated a claim upon which relief can be granted.
[10:55.000 --> 10:59.000]  Their default move, the first step out of the gate,
[10:59.000 --> 11:04.000]  they're going to file a motion to dismiss under rule 12b6,
[11:04.000 --> 11:07.000]  failure to state a claim upon which relief can be granted.
[11:07.000 --> 11:11.000]  Now, if I state a cause of action or multiple causes of action,
[11:11.000 --> 11:19.000]  and I plead out every element of my cause or causes, I need not fear the federal court.
[11:19.000 --> 11:25.000]  They had better fear the federal court, because that's where I'm going to chew them up.
[11:25.000 --> 11:27.000]  Okay.
[11:27.000 --> 11:33.000]  So, you know, Randy asked if I had any insight on writing pleadings.
[11:33.000 --> 11:42.000]  I've noticed the attorneys that I work with, they're starting to catch on to this.
[11:42.000 --> 11:44.000]  Of course, it's taking more time.
[11:44.000 --> 11:47.000]  You know, you don't just go in and say, hey, they broke the law.
[11:47.000 --> 11:49.000]  Here's the law, they broke it.
[11:49.000 --> 11:50.000]  Oh, yeah, here's the case.
[11:50.000 --> 11:52.000]  There's more to it than that now.
[11:52.000 --> 11:57.000]  So if you want to write a successful pleading,
[11:57.000 --> 12:03.000]  just write it as if you were writing it for the federal court, regardless of the venue.
[12:03.000 --> 12:06.000]  Okay.
[12:06.000 --> 12:07.000]  All right.
[12:07.000 --> 12:11.000]  Well, I will continue working on the statement of facts.
[12:11.000 --> 12:17.000]  And then, Randy, whenever you have any input for me on changing that number in sentences,
[12:17.000 --> 12:19.000]  just e-mail it over.
[12:19.000 --> 12:27.000]  But I'll be working on this, because my hearing is on the record before.
[12:27.000 --> 12:28.000]  Okay.
[12:28.000 --> 12:36.000]  I will reformat this and send it back to you, and I'll go through it and make some comments or suggestions.
[12:36.000 --> 12:37.000]  Okay.
[12:37.000 --> 12:43.000]  I greatly appreciate this information, and thank you and have a good night.
[12:43.000 --> 12:44.000]  Thank you, guys.
[12:44.000 --> 12:46.000]  I'll let you get to the others.
[12:46.000 --> 12:47.000]  Thanks.
[12:47.000 --> 12:48.000]  Okay.
[12:48.000 --> 12:50.000]  You want to pick it up, Steve?
[12:50.000 --> 12:52.000]  Sure.
[12:52.000 --> 12:54.000]  Going now to Lucy in Texas.
[12:54.000 --> 12:55.000]  Hello, Lucy.
[12:55.000 --> 12:57.000]  What do you got for us tonight?
[12:57.000 --> 12:58.000]  Hi.
[12:58.000 --> 13:05.000]  I just have a simple question, and if I had Internet myself and didn't have a time limit at the library,
[13:05.000 --> 13:07.000]  I could probably find it.
[13:07.000 --> 13:18.000]  But where do you go to find a copy of the oath of office that a judge takes?
[13:18.000 --> 13:22.000]  Secretary of State's office, or let me see.
[13:22.000 --> 13:23.000]  Okay.
[13:23.000 --> 13:24.000]  Excuse me.
[13:24.000 --> 13:32.000]  Sometimes they're held at the court where they're seated, and sometimes they're at the Secretary of State,
[13:32.000 --> 13:35.000]  and I don't know which level judges are where.
[13:35.000 --> 13:37.000]  I think both.
[13:37.000 --> 13:42.000]  The clerk will hold one of the oaths, the Secretary of State will hold the other.
[13:42.000 --> 13:43.000]  Okay.
[13:43.000 --> 13:52.000]  So you should make the request to both locations, and you do that with just a simple information request.
[13:52.000 --> 13:59.000]  A lot of times the courts will have their own form, and they insist you use their form,
[13:59.000 --> 14:06.000]  and I always make up my own form anyway, part just to annoy them and give them my form,
[14:06.000 --> 14:08.000]  and they say, you have to use our form.
[14:08.000 --> 14:12.000]  And I say, well, you got mine.
[14:12.000 --> 14:13.000]  Take it or don't take it.
[14:13.000 --> 14:15.000]  I don't care what you do.
[14:15.000 --> 14:19.000]  And they generally take it anyway because mine's really obnoxious.
[14:19.000 --> 14:26.000]  But you can get one of mine off of jurisimprudence.com.
[14:26.000 --> 14:36.000]  And that one is written to circumvent the problems I've had with these chumps.
[14:36.000 --> 14:40.000]  If you go to the court and ask for records from the court,
[14:40.000 --> 14:45.000]  they're going to tell you that the Government Code 552,
[14:45.000 --> 14:54.000]  the Open Government Act does not apply, that theirs falls under the rules of court.
[14:54.000 --> 15:00.000]  And so the problem is some of them fall under rules of court,
[15:00.000 --> 15:02.000]  some of them falls under the Open Records Act,
[15:02.000 --> 15:06.000]  and they'll do a song and dance and seltzer down your pants just to screw things up.
[15:06.000 --> 15:12.000]  So I never ask for records under a specific act.
[15:12.000 --> 15:23.000]  I ask that mine is structured so that it requests the records under 552 Government Code 1.29
[15:23.000 --> 15:31.000]  Texas Code of Criminal Procedure or any relevant requirement.
[15:31.000 --> 15:36.000]  That way you don't get this song and dance from them.
[15:36.000 --> 15:44.000]  And it has some other things in there that try to circumvent some of the shenanigans that they pull.
[15:44.000 --> 15:47.000]  So if you go to jurisimprudence.com,
[15:47.000 --> 15:57.000]  and when it opens, top frog on the right will go to Documents and Research,
[15:57.000 --> 16:00.000]  and there will be a section on blanks in there.
[16:00.000 --> 16:03.000]  Look in the blanks section, you'll find an information request.
[16:03.000 --> 16:05.000]  You can download it.
[16:05.000 --> 16:09.000]  I take those blanks with me.
[16:09.000 --> 16:15.000]  When I go in and they tell me I need some information and they pull out their request,
[16:15.000 --> 16:18.000]  I pull out mine, fill out mine, give it to them,
[16:18.000 --> 16:23.000]  and it tells them that you've done your homework.
[16:23.000 --> 16:26.000]  Because you'll see when you read it.
[16:26.000 --> 16:28.000]  It's kind of obnoxious in the way it's written,
[16:28.000 --> 16:33.000]  but it's actually written in the verbiage of the statutes.
[16:33.000 --> 16:38.000]  Also, I can use one of those.
[16:38.000 --> 16:44.000]  I have requested that they sent me an accounting of the money that they've held for four years
[16:44.000 --> 16:47.000]  and how they did.
[16:47.000 --> 16:50.000]  All that thought, Lucy, we're going to break here.
[16:50.000 --> 16:51.000]  We'll be right back.
[16:51.000 --> 16:53.000]  Folks, you're listening to Rural Law Radio.
[16:53.000 --> 16:55.000]  We'll be right back after this brief message.
[21:30.000 --> 21:33.000]  Lucy do you have, you mentioned something about not having internet.
[21:33.000 --> 21:37.000]  Do you have access to the internet now?
[21:37.000 --> 21:43.000]  No not right now because I only have two hours at the library.
[21:43.000 --> 21:48.000]  It's the internet and it's long gone.
[21:48.000 --> 21:51.000]  Which is a big hindrance.
[21:51.000 --> 21:56.000]  I can't you know swing it right now.
[21:56.000 --> 22:02.000]  Do you have a computer?
[22:02.000 --> 22:06.000]  Yeah I do but it's down in my car.
[22:06.000 --> 22:14.000]  Oh okay well I was going to say if you have a problem using it just go find a 10 year old.
[22:14.000 --> 22:16.000]  They can show you how to do all that.
[22:16.000 --> 22:20.000]  Do you live out of town or do you live in town?
[22:20.000 --> 22:23.000]  I have a place in town at the moment.
[22:23.000 --> 22:30.000]  Okay well the reason I'm asked to say that if your computer has a wireless on it.
[22:30.000 --> 22:35.000]  You might be able to log on to one of your neighbors wireless.
[22:35.000 --> 22:38.000]  A lot of times people who have wireless I do this.
[22:38.000 --> 22:42.000]  I keep mine open I don't put a password on it.
[22:42.000 --> 22:49.000]  So if somebody needs wireless they can pull up next to my house and log right on to mine and go out on my wireless.
[22:49.000 --> 22:56.000]  So if you've got a neighbor who hasn't to put a password on their wireless you can use theirs.
[22:56.000 --> 23:00.000]  Fantastic oh check that out.
[23:00.000 --> 23:08.000]  Yeah just go out in the street and flag down the first 10 year old you see and they can explain all this stuff to you.
[23:08.000 --> 23:18.000]  We've reached a point now where kids going into college now were born with the internet.
[23:18.000 --> 23:21.000]  Oh yeah this is true.
[23:21.000 --> 23:24.000]  They don't know a day without it.
[23:24.000 --> 23:26.000]  That's true.
[23:26.000 --> 23:39.000]  Was there a form on there that I could use to insist that the court house give me a detailed account of what they did with my money?
[23:39.000 --> 23:45.000]  Oh there's not a specific form but just an information request.
[23:45.000 --> 23:57.000]  The one thing that is not court record and that the only thing that's a court record is the adjudication of a case.
[23:57.000 --> 24:05.000]  When it has to do with money and how the money moves through the courts that's always public information.
[24:05.000 --> 24:08.000]  So that would fall under the act.
[24:08.000 --> 24:14.000]  So all you have to do is put in an information request.
[24:14.000 --> 24:25.000]  They'll actually have their own forms for that but I don't always like their forms because generally their forms want to ask about a specific case
[24:25.000 --> 24:34.000]  and I never want them to know exactly what I'm looking for so I don't like their form so I make it my own.
[24:34.000 --> 24:41.000]  But they should have one that you can fill out especially if this is relative to a particular case.
[24:41.000 --> 24:45.000]  It is relevant yes to a particular case yes.
[24:45.000 --> 24:56.000]  Yeah so you can ask for their form and fill it out and tell them you want all records of all financial dealings of the court
[24:56.000 --> 25:06.000]  or the disposition of all monies concerning this particular case.
[25:06.000 --> 25:15.000]  I generally like to make my requests as inclusive as I can
[25:15.000 --> 25:27.000]  because if you ask for something very specific and you don't ask for it exactly right they'll use that as a reason to delay or deny your access.
[25:27.000 --> 25:35.000]  And it is a real pain in the neck so I got to where I ask for things a lot more general.
[25:35.000 --> 25:48.000]  One of my last requests was the city of Azale where I asked for all records concerning the authorization of a particular peace officer who had written me a ticket.
[25:48.000 --> 25:57.000]  The authorization of this peace officer to act in the capacity of a police officer for the state of Texas.
[25:57.000 --> 26:08.000]  And the clerk came out and said Mr. Kelton I've read your request. Can you be a little more specific?
[26:08.000 --> 26:17.000]  Oh sure I can. I want to see exactly what I asked for in that request. Is that specific enough?
[26:17.000 --> 26:31.000]  She said that looking at me and I know she's thinking can I get one of these deputies here to shoot this scoundrel?
[26:31.000 --> 26:42.000]  But when I went in for trial I was talking to the prosecutor and laughing and I said these guys you would not believe how they've answered my information requests.
[26:42.000 --> 26:47.000]  I am going to have so much fun with these guys in front of the grand jury.
[26:47.000 --> 26:54.000]  You got the dumbest lawyer as a city attorney I ever come across.
[26:54.000 --> 27:02.000]  We get to trial and the judge says call my case and said is the prosecution ready?
[27:02.000 --> 27:05.000]  No your honor the prosecution is not ready.
[27:05.000 --> 27:10.000]  And the judge said case dismissed. I object.
[27:10.000 --> 27:13.000]  Mr. Kelton your objecting to me dismissing the case?
[27:13.000 --> 27:22.000]  Yeah judge we were just about to get to the fun part. Get out of my court.
[27:22.000 --> 27:26.000]  They don't like it when you know their law better than they do.
[27:26.000 --> 27:28.000]  That's a fact.
[27:28.000 --> 27:32.000]  They certainly don't like it when you take it back to them.
[27:32.000 --> 27:36.000]  Was this a ticket or something in the county court?
[27:36.000 --> 27:46.000]  No no this was in county court and it had to do with the loan and there was a.
[27:46.000 --> 27:57.000]  Okay the reason I said that was if it was a ticket or something Eddie Craig does the Monday night show and he's really tough on those guys with tickets.
[27:57.000 --> 28:00.000]  The county is better because.
[28:00.000 --> 28:10.000]  The county collected this money over it was coming in from a note and then they dispensed it.
[28:10.000 --> 28:21.000]  However they dispensed it and I am not exactly sure where all of it was dispensed to.
[28:21.000 --> 28:29.000]  You might think of going to the county comptroller.
[28:29.000 --> 28:36.000]  Generally the comptroller will be the one that will handle all of those disbursements.
[28:36.000 --> 28:42.000]  Ask him for it first if he doesn't handle these particular disbursements.
[28:42.000 --> 28:50.000]  Then he'll tell you that he has no records responsive to your request and he'll tell you exactly where you have to go to get them.
[28:50.000 --> 28:59.000]  And ask the comptroller how to request these specific records.
[28:59.000 --> 29:04.000]  Because these guys like to play song and dance and seltzer down your pants.
[29:04.000 --> 29:11.000]  If you don't ask for it just right they'll pretend like they don't know what you're asking for.
[29:11.000 --> 29:16.000]  So the comptroller is going to know what these records are called.
[29:16.000 --> 29:26.000]  So ask him to if he's not the right guy to tell you exactly how you would craft a request so that you could get these records.
[29:26.000 --> 29:32.000]  And generally comptroller is really easy to get along with.
[29:32.000 --> 29:35.000]  Okay I appreciate it very much.
[29:35.000 --> 29:41.000]  You are most welcome and keep us up to date let us know how this works out.
[29:41.000 --> 29:46.000]  And when they don't respond to the request the way they should let us know.
[29:46.000 --> 29:49.000]  We'll show you how to really jerk their chains.
[29:49.000 --> 29:51.000]  Okay we are about to go to break.
[29:51.000 --> 29:53.000]  This is Randy Kelton.
[29:53.000 --> 29:56.000]  Steve Skidmore with Rule of Law Radio.
[29:56.000 --> 30:03.000]  Call it number 512-646-1984.
[33:55.000 --> 33:59.000]  Okay, we are back. Randy Kelton, Steve Skidmore, Rule of Law Radio.
[33:59.000 --> 34:04.000]  We don't have any callers, which is really unusual for a Friday night.
[34:04.000 --> 34:07.000]  It is. This time Friday night too.
[34:07.000 --> 34:11.000]  Is there a football game tonight?
[34:11.000 --> 34:16.000]  Oh, we wouldn't get preempted for a football game.
[34:16.000 --> 34:21.000]  I do, and I don't say this often, but I really do appreciate our listeners.
[34:21.000 --> 34:29.000]  Because this is a Friday night and it's essentially the biggest TV night of the week.
[34:29.000 --> 34:40.000]  And it says something about our listeners that listen to this show to try to gather valuable information
[34:40.000 --> 34:50.000]  when they could be watching a mindless comedy and listening to their IQ dropping.
[34:50.000 --> 34:59.000]  I do appreciate the fact that you care enough about doing better and learning things
[34:59.000 --> 35:04.000]  that you'd actually spend the time listening to radio when you've got all that TV around.
[35:04.000 --> 35:11.000]  So with that said, my calling number is 512-646-1984.
[35:11.000 --> 35:20.000]  And this issue of having to file everything in a case.
[35:20.000 --> 35:25.000]  I've been filing some trespass to try title suits.
[35:25.000 --> 35:30.000]  And every one I filed in the state, they immediately moved to the Fed.
[35:30.000 --> 35:39.000]  And Steve is looking up a case where one of these quiet title actions was remanded back to the state.
[35:39.000 --> 35:44.000]  We're going to look at that and see why.
[35:44.000 --> 35:55.000]  The last one we filed, for the most part, we were filing them and everyone seemed to wind up in Judge McBride's court.
[35:55.000 --> 35:59.000]  Judge McBride is really a stinker.
[35:59.000 --> 36:03.000]  No lawyer likes to go in the courtroom with this guy.
[36:03.000 --> 36:05.000]  He is really a stinker.
[36:05.000 --> 36:07.000]  All the lawyers are afraid of him.
[36:07.000 --> 36:12.000]  Prosecutors, defense counsel, everybody's afraid of this guy.
[36:12.000 --> 36:19.000]  And everything we file with him, he dismisses with prejudice, just out of hand.
[36:19.000 --> 36:25.000]  And the last trespass to try title that we filed,
[36:25.000 --> 36:31.000]  I told the lawyer, they removed it to the federal court.
[36:31.000 --> 36:37.000]  And I filed a challenge to the subject matter jurisdiction of the court.
[36:37.000 --> 36:45.000]  Instead of petitioning for removal, for remand, I filed a challenge to subject matter jurisdiction.
[36:45.000 --> 36:58.000]  And the reason for that was is that the recent 2011 legislation that went into effect in 2012,
[36:58.000 --> 37:11.000]  the Federal Removal and Venue Clarification Act addressed the issue of the removal of a case to the federal court.
[37:11.000 --> 37:20.000]  While it allowed a case to be removed to the federal court, unlike in the past, I'm sorry, let me back up.
[37:20.000 --> 37:30.000]  It was this legislation was passed in order to clarify a split in the circuits over
[37:30.000 --> 37:39.000]  whether or not a court had the authority to hear state claims in a federal court.
[37:39.000 --> 37:44.000]  Some circuits said they couldn't, some circuits said that they could.
[37:44.000 --> 37:52.000]  Where there was federal jurisdiction that for a judicial economy,
[37:52.000 --> 37:57.000]  that the federal court could hear the state issues.
[37:57.000 --> 38:06.000]  And what the Venue and Removal Clarification Act said was that
[38:06.000 --> 38:14.000]  while a case can be removed to the federal court that contains state issues,
[38:14.000 --> 38:23.000]  that if there are purely state issues, those issues must be severed and remanded to the state.
[38:23.000 --> 38:32.000]  So, said they must. That took away federal jurisdiction to hear state issues.
[38:32.000 --> 38:40.000]  So instead of filing a motion to remand, we filed a challenge to subject matter jurisdiction.
[38:40.000 --> 38:47.000]  And the first one, the judge dismissed with prejudice.
[38:47.000 --> 38:56.000]  Then I talked to one of the attorneys and about, he had removed one of our cases
[38:56.000 --> 38:59.000]  and I told him that, you know, I need to file a response in this.
[38:59.000 --> 39:05.000]  I was trying to get the attorney to make a deal with the bank, so I was trying not to alienate him.
[39:05.000 --> 39:09.000]  Said I need to file a response to this, but I don't want to.
[39:09.000 --> 39:11.000]  And he said, well, why not?
[39:11.000 --> 39:17.000]  And I explained to him the Venue and Removal Clarification Act
[39:17.000 --> 39:23.000]  and how it left the state, I mean the Fed, with no subject matter jurisdiction.
[39:23.000 --> 39:31.000]  And it was very clear in the statute and I didn't want to file this motion in the court
[39:31.000 --> 39:41.000]  accusing you of acting in clear and direct violation of this statute when you had to know that it existed.
[39:41.000 --> 39:43.000]  He said, well, I've never heard of it.
[39:43.000 --> 39:48.000]  I said, I kind of figured that, so that's why I wanted to give you a heads up.
[39:48.000 --> 39:52.000]  And he said, well, are you going to file a motion for remand?
[39:52.000 --> 39:57.000]  I said, no, I'm going to file a challenge to subject matter jurisdiction.
[39:57.000 --> 39:59.000]  He said, well, why that?
[39:59.000 --> 40:01.000]  I said, well, I'm going to get a shot at McBride.
[40:01.000 --> 40:04.000]  McBride is a real stinker.
[40:04.000 --> 40:10.000]  And if he don't have subject matter jurisdiction and he dismisses that case,
[40:10.000 --> 40:15.000]  then I get to take him to a state grand jury and see if I can get him indicted.
[40:15.000 --> 40:19.000]  Well, I think he told the judge.
[40:19.000 --> 40:24.000]  Because the judge didn't dismiss this one.
[40:24.000 --> 40:36.000]  And the last I heard from him, he called me and said that we had a scheduling conference coming up
[40:36.000 --> 40:39.000]  and I needed to send a proposed scheduling order.
[40:39.000 --> 40:43.000]  I said, I'm not sending squat to that chump.
[40:43.000 --> 40:45.000]  You're not going to send the order, he'll dismiss the case.
[40:45.000 --> 40:46.000]  I hope he does.
[40:46.000 --> 40:48.000]  That's the whole idea.
[40:48.000 --> 40:52.000]  If he don't dismiss the case, I don't get to go to the local grand jury
[40:52.000 --> 40:58.000]  and try to get him indicted because he never had subject matter jurisdiction to start with.
[40:58.000 --> 41:01.000]  He said, oh, okay.
[41:01.000 --> 41:04.000]  And so this one hasn't got dismissed yet.
[41:04.000 --> 41:07.000]  It's just sitting there.
[41:07.000 --> 41:14.000]  However, the Removal and Venue Clarification Act,
[41:14.000 --> 41:22.000]  I forget which direction those terms go into, is very clear that where there are state
[41:22.000 --> 41:27.000]  and federal issues, the state issues must be remanded.
[41:27.000 --> 41:30.000]  And I have been filing trespass to try.
[41:30.000 --> 41:36.000]  So I have title because it is so very specific.
[41:36.000 --> 41:47.000]  And this brings me to a concern I had about the comments that Steve made earlier.
[41:47.000 --> 41:53.000]  Where I have a trespass to try title, that is very specific.
[41:53.000 --> 42:01.000]  And if I have other issues, they need to be brought in a different venue.
[42:01.000 --> 42:08.000]  In a trespass to try title, if I ask for anything other than declaratory judgment,
[42:08.000 --> 42:15.000]  the ruling I get if it includes anything other than declaratory judgment will be thrown out.
[42:15.000 --> 42:22.000]  So I can't reasonably address anything in trespass to try title other than the sufficiency of the title.
[42:22.000 --> 42:30.000]  How would I handle that in order to get past the Rule 12, Steve?
[42:30.000 --> 42:42.000]  Well, you either remand, successfully have the federal court sever the action
[42:42.000 --> 42:47.000]  and remand it back to the state or if you just got the one cause of action,
[42:47.000 --> 42:51.000]  remand the entire case back to the state court.
[42:51.000 --> 42:53.000]  No, no, wait, that wasn't really the question.
[42:53.000 --> 42:57.000]  How would I write my action?
[42:57.000 --> 43:03.000]  If I have other claims against the bank and the lawyers for all kinds of other stuff,
[43:03.000 --> 43:13.000]  but they have had a foreclosure and they have filed a substitute trustee's deed in the county record
[43:13.000 --> 43:19.000]  and I want to remove that substitute trustee's deed, I want to challenge its validity.
[43:19.000 --> 43:23.000]  But I have other claims against these chunks.
[43:23.000 --> 43:27.000]  Would I have to include those?
[43:27.000 --> 43:29.000]  I would think so.
[43:29.000 --> 43:33.000]  What I would do if it were me, I would...
[43:33.000 --> 43:35.000]  I hear the music.
[43:35.000 --> 43:38.000]  I would...
[43:38.000 --> 43:41.000]  Well, let's cover this when we get back from the break.
[43:41.000 --> 43:44.000]  512-646-1984.
[43:44.000 --> 43:45.000]  Excuse me.
[43:45.000 --> 43:47.000]  There's a number you can dial to join us on air.
[43:47.000 --> 43:50.000]  And we see that we do have a caller.
[43:50.000 --> 43:54.000]  We'll get back with our calls in just a few seconds.
[43:54.000 --> 43:57.000]  So Larry, Betty, and Danny, stay there.
[43:57.000 --> 44:02.000]  We'll be right back.
[46:37.000 --> 46:40.000]  Okay, we are back, Randy Kelton, Steve Skidmore,
[46:40.000 --> 46:49.000]  and I had the question that where I am petitioning for trespass to try title,
[46:49.000 --> 46:59.000]  that's where there has been a foreclosure and a substitute trustees deed has been filed in the record.
[46:59.000 --> 47:12.000]  And I want to go in and claim that my warranty deed is more valid than the substitute trustees deed.
[47:12.000 --> 47:20.000]  But I don't want to ask for any, make any other claims that will go to any other issues.
[47:20.000 --> 47:26.000]  While I may have those issues, the reason this is a concern to me because I remember reading some case law
[47:26.000 --> 47:30.000]  where the judge screwed the guy by giving him a ruling in his favor.
[47:30.000 --> 47:34.000]  He did a quiet title and asked for damages.
[47:34.000 --> 47:39.000]  For something else, the judge gave him the damages, mixed it with the quiet title
[47:39.000 --> 47:47.000]  and the appeals court threw out the decision because under quiet title he had to get declaratory judgment.
[47:47.000 --> 47:52.000]  And trespass to try title is a special form of quiet title.
[47:52.000 --> 47:56.000]  So how do I split that hair?
[47:56.000 --> 48:03.000]  It can be considered a type of quiet title suit, but it is not actually a quiet title suit.
[48:03.000 --> 48:07.000]  It is a suit to trespass, suit for trespass to try title.
[48:07.000 --> 48:16.000]  The result would be the quieting of any confusion as to who owns clear title of the house.
[48:16.000 --> 48:24.000]  So to respond to your question, we spoke briefly over the break and I understand your question better
[48:24.000 --> 48:28.000]  and I'm now better able to address it.
[48:28.000 --> 48:34.000]  If it were me, now this, again, there's being an exception to every rule.
[48:34.000 --> 48:40.000]  In anything that would result in the quieting of a title,
[48:40.000 --> 48:46.000]  there are several types of pleadings that can result in a quiet title.
[48:46.000 --> 48:55.000]  Keeping in mind that quieting a title is, there is controversy over who has a right to hold title
[48:55.000 --> 48:59.000]  or possess clear title to the property.
[48:59.000 --> 49:07.000]  What you're doing is if there is a discrepancy in who has the right to title,
[49:07.000 --> 49:18.000]  you could sue for trespass to try title, slander of title, or a suit to quiet the controversy over title
[49:18.000 --> 49:21.000]  or your cause of action would be quiet title.
[49:21.000 --> 49:27.000]  Now, any one of these is strictly declaratory.
[49:27.000 --> 49:38.000]  If it were me, I would not even think about asking or even alluding to any damages that I would be owed.
[49:38.000 --> 49:46.000]  This is one of those exceptions to the bring everything all at once in one pleading rule.
[49:46.000 --> 49:52.000]  In your trespass to try title suit, quiet title suit, or suit for slander of title,
[49:52.000 --> 49:56.000]  you are seeking strictly declaratory judgment.
[49:56.000 --> 50:01.000]  If you're successful and you get a favorable ruling from the court,
[50:01.000 --> 50:06.000]  then you have established res judicata,
[50:06.000 --> 50:16.000]  and that's the club you're going to go back into court and beat these guys over the head with in a suit for damages.
[50:16.000 --> 50:29.000]  The only thing that you're seeking in your quiet title, a suit for trespass to try title or slander of title suit is a declaratory judgment.
[50:29.000 --> 50:34.000]  Once you get that declaratory judgment, it is self-evident that you have been harmed.
[50:34.000 --> 50:46.000]  Now you bring your causes of action seeking to be made whole for the harms caused to you in a separate action.
[50:46.000 --> 50:54.000]  However, if you do choose to seek quiet title through any one of these actions,
[50:54.000 --> 51:04.000]  and you combine that with a cause of action that would lead to you asking to be made whole for the damages,
[51:04.000 --> 51:07.000]  the judge is going to throw the baby out with the bathwater.
[51:07.000 --> 51:16.000]  Guaranteed they do it every time because you have destroyed your status in asking for damages.
[51:16.000 --> 51:26.000]  You have destroyed your status of keeping your pleading in the strict scope of declaratory judgment.
[51:26.000 --> 51:30.000]  It is no longer a declaratory action.
[51:30.000 --> 51:32.000]  Now you're seeking damages.
[51:32.000 --> 51:37.000]  You've kind of contradicted yourself in your pleading, and the judge is going to toss it out.
[51:37.000 --> 51:49.000]  I read a case where the judge screwed the guy by giving him his declaratory judgment and giving him damages,
[51:49.000 --> 51:57.000]  and the Court of Appeals took one look at it and said they're moving his trash, threw it out.
[51:57.000 --> 52:01.000]  So the guy thought he won, and the judge got him.
[52:01.000 --> 52:09.000]  Now, Randy, to go back, revisit what you said earlier in the previous section.
[52:09.000 --> 52:18.000]  There has been a recent case here in the Texas Appellate Court, First District in Houston,
[52:18.000 --> 52:33.000]  Court of Appeals, in the case of Winona, that's Y-N-O-N-N, I'm sorry, let me try that again, W-I-N-O-N-A,
[52:33.000 --> 52:46.000]  Flippon, F-L-I-P-P-O-N, Vasquez, that's Winona Flippon Vasquez versus Deutsche Bank National Trust Company, NA.
[52:46.000 --> 52:53.000]  This is one of those cases in where you were speaking about the Clarification Act, the Removal Clarification Act.
[52:53.000 --> 53:05.000]  Though the Removal Clarification Act was not cited by the plaintiff in this case, it appears that the court was fully aware.
[53:05.000 --> 53:15.000]  Though they did not cite it, what they did was they severed the quiet title action and remanded that back to the state court.
[53:15.000 --> 53:23.000]  Now, there's a couple of different poignant documents that you can do a search for, for those of you who live in Texas
[53:23.000 --> 53:27.000]  and are more interested in the Vasquez case.
[53:27.000 --> 53:34.000]  There's the order, and the order is very short, and then there's the court opinion.
[53:34.000 --> 53:55.000]  I'm finding the court opinion on fine law, and I found Winona Flippon Vasquez Appellant v. Deutsche Bank National Trust Company, NA Appellee, in PDF.
[53:55.000 --> 54:15.000]  And basically all the, you know, to paraphrase the order is that we remand, it says the court reverses the portion of the trial court's order and remands the quiet title claim.
[54:15.000 --> 54:18.000]  Wonderful.
[54:18.000 --> 54:22.000]  Yeah, and I sent that file to you, Randy. Study it. Study it well.
[54:22.000 --> 54:30.000]  I will study that one. And to keep me from blabbing too much, we got a bunch of callers come in.
[54:30.000 --> 54:34.000]  How handy.
[54:34.000 --> 54:36.000]  I know that's why Danny called.
[54:36.000 --> 54:38.000]  You want to try Danny in Tennessee?
[54:38.000 --> 54:43.000]  Hello, Danny. Did you call just to shut me up?
[54:43.000 --> 54:47.000]  Well, no, I was talking about something.
[54:47.000 --> 54:50.000]  I was going to thank you, Danny.
[54:50.000 --> 54:54.000]  Okay, well thank you.
[54:54.000 --> 54:58.000]  That was a frog gig in Randy's eye. I'm sure he felt that.
[54:58.000 --> 55:02.000]  I feel disparaged. You're going to hurt my feelings.
[55:02.000 --> 55:04.000]  You've got to have some first, Randy.
[55:04.000 --> 55:09.000]  I'm sorry, Danny. Go ahead. What was your question?
[55:09.000 --> 55:22.000]  I sent some quick sites to the UCC about tracking the chain of title on the note when they try to bring it in for a foreclosure or anything.
[55:22.000 --> 55:27.000]  I found where it talks about, you know, PETE and things.
[55:27.000 --> 55:32.000]  Party Entitled to Enforce. That's one of those acronyms there that we were talking about earlier.
[55:32.000 --> 55:36.000]  PETE is the Party Entitled to Enforce, P-E-T-E.
[55:36.000 --> 55:40.000]  Go ahead. I was just getting a headache over that one.
[55:40.000 --> 55:59.000]  I've read through some of that, but it's not clear to me where it shows a requirement to track it back all the way through to the origin who's had the note and the right to make claims on it.
[55:59.000 --> 56:04.000]  Are you talking about challenging the assignments?
[56:04.000 --> 56:21.000]  Well, perhaps, but, you know, what all was, I remember a few weeks ago you were talking about these various things and basically the, you know, being PETE,
[56:21.000 --> 56:27.000]  the only one with the interest in it that they haven't split it off or anything like that.
[56:27.000 --> 56:32.000]  What constitutes interest?
[56:32.000 --> 56:35.000]  Is it academic interest?
[56:35.000 --> 56:49.000]  The reason I'm asking that, I'm asking it in terms of 13.001 where it says that a claim against real property not properly filed in the record is void as to the holder.
[56:49.000 --> 56:55.000]  So if it's not filed, it's not a claim because it's void.
[56:55.000 --> 56:58.000]  How does PETE read?
[56:58.000 --> 57:06.000]  Well, hang on. What you're alluding to right there, Randy, is the perfection of a security interest.
[57:06.000 --> 57:10.000]  When you said define interest, security interest.
[57:10.000 --> 57:22.000]  Now, UCC 9, oh, rats. I forgot it. Hang on. Let me pull that up right quick because that's going to bother me if I don't.
[57:22.000 --> 57:39.000]  And he's right. I was speaking to the security interest claim and not to the claim of a right to the payment stream.
[57:39.000 --> 57:55.000]  Okay. I was going to go there. Now, I believe it's 9, 3, 12. That's California. Let me find federal FED.
[57:55.000 --> 57:59.000]  It's either 2, 13 or 3, 12. I think it's 3, 12.
[57:59.000 --> 58:04.000]  We'll cover this in a little better, a little more depth when we come back from the break.
[58:04.000 --> 58:11.000]  I hear the music in the background. But I'll do some more research, pull up the UCC code. I think I know where you're going there, Danny.
[58:11.000 --> 58:18.000]  So we'll go there as soon as we get back from this break. Folks, you're listening to the rule of law. We'll be right back. Randy?
[58:18.000 --> 58:31.000]  Yeah. That was an interesting topic to me because I did want to find out about how to determine what law applies because a lot of these courts are beginning to say that the UCC doesn't apply.
[58:31.000 --> 58:41.000]  Or they're just not adjudicating it. Well, that depends on what venue you're in. If you're in the state, then you use your state commercial code. If you're in the FED, you use the UCC.
[58:41.000 --> 59:02.000]  Okay. That was a question I wanted to get to on the other side. This is Randy Kelton, Steve Skidmore. We'll be right back.
[01:03:15.000 --> 01:03:42.000]  OK, we are back. Randy Kelton, Steve Skidmore, and we have La Radio.
[01:03:42.000 --> 01:03:55.000]  And when we went out, we were talking to Danny in Texas and Tennessee about UCC. And Steve, you were looking up UCC 9-312. Will you tell us about that?
[01:03:55.000 --> 01:04:12.000]  Yes, 9-312. OK, we're talking about the party entitled to enforce. Who is Pete? How can you tell if somebody shot Pete in the head and buried him in a shallow grave somewhere out by the Mexican border? Here's how.
[01:04:12.000 --> 01:04:28.000]  What grants the right to come after house, come after real property, your house, the land it sets on? The deed of trust. That's the security instrument.
[01:04:28.000 --> 01:04:43.000]  You have a security instrument and somebody should have a security interest in that instrument, allowing them enough right to enforce it, party entitled to enforce.
[01:04:43.000 --> 01:04:58.000]  What does it take to perfect your security interest? Keep in mind at all times, venue matters. If you're in the federal court, you will go to the federal statutes.
[01:04:58.000 --> 01:05:09.000]  If you are in the state court, you will go to your own state, respective state statutes. All 50 states have adopted the UCC into their own code.
[01:05:09.000 --> 01:05:21.000]  For example, a great state of insanity, also known as Texas, you would go in the federal code. It is Article 9, Section 312.
[01:05:21.000 --> 01:05:43.000]  That would be UCC 9-312. In the state venue here in Texas, the UCC is found in the Texas Business and Commerce Code, Section 9.312. But why is this statute important?
[01:05:43.000 --> 01:06:02.000]  Well, let's read the title. Perfection of security interest in chattel paper, deposit accounts, documents, goods covered by documents, house maybe, instruments,
[01:06:02.000 --> 01:06:16.000]  investment property, letter of credit rights and money, perfection by permissive filing, temporary perfection wit, temporary.
[01:06:16.000 --> 01:06:36.000]  This statute allows a 20-day temporary perfection. How do they permanently perfect their security interest? Well, the law provides them 20 days to hot foot it down there to the public records,
[01:06:36.000 --> 01:06:55.000]  to the county recorder's office, parish recorder's office, whatever you call it, and tell the world by the filing of your security instrument or your assignment or your stake in the claim.
[01:06:55.000 --> 01:07:09.000]  If they do not make it down there within 20 days, guess what? They don't have a security instrument in the documents that would allow them to take your house away.
[01:07:09.000 --> 01:07:32.000]  Nor do they have a security interest in the property itself. So, if it is an unsecured alleged debt, what can you do with unsecured debt in bankruptcy?
[01:07:32.000 --> 01:07:51.000]  Oh, and by the way, speaking now that I've invoked BK, sorry, acronym, bankruptcy, we go to the statute. There's a specific statute dedicated in the rules of bankruptcy, bankruptcy rules.
[01:07:51.000 --> 01:08:04.000]  This is strictly federal, rule 3001. This is where a party purporting to have a security interest must prove their security interest. And how would they do that?
[01:08:04.000 --> 01:08:21.000]  They would have to provide a document from the county record that was filed within that 20-day period from the time it was assigned or transferred to them 20 days forward. That's it.
[01:08:21.000 --> 01:08:35.000]  If in the event they cannot prove that they have a security interest in the documents, the instruments or the property, guess what? You write it off. It's gone.
[01:08:35.000 --> 01:08:55.000]  Now, Pete, as according to UCC 3-203, specifically subsection D as in David, if the transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur.
[01:08:55.000 --> 01:09:07.000]  How are rights transferred? They're transferred by negotiation of the negotiable instrument. That means a true complete endorsement.
[01:09:07.000 --> 01:09:28.000]  If you have requested pursuant to the Fair Debt Collection Practices Act a debt validation to the claiming party and you seek a photostatic copy of the note as it exists today, let's say a miracle happens.
[01:09:28.000 --> 01:09:38.000]  That's not so much of a miracle. Sometimes they provided this to us in a summary judgment action. That's how I learned about it. That's where I got the document.
[01:09:38.000 --> 01:09:51.000]  But in a debt validation letter, you can request a copy of the note as it exists today. I don't care about the original. Don't care. I just want to see what it looks like today.
[01:09:51.000 --> 01:10:12.000]  I'll send you a copy of it as it exists today. You go to the back of it. Look at the endorsement. An endorsement, a complete endorsement, transferable endorsement, an endorsement that would transfer rights would be designated to a specific party.
[01:10:12.000 --> 01:10:30.000]  That means there will be an identified payee on the payee line. Negotiable instruments, what are they? You've got a negotiable instrument called note that is accompanied either by a deed of trust or a mortgage depending on the state,
[01:10:30.000 --> 01:10:42.000]  whether it's the state you're in as a title theory or link theory state. Here in Texas we've got deeds of trust. Together these two instruments make up your mortgage loan instrument.
[01:10:42.000 --> 01:11:03.000]  Okay. Now, on the note, what we generally find is a rubber stamp with what appears to be a blank line. That's not a blank line, nor is that an endorsement in blank. What that is, is an unnamed or yet to be named payee.
[01:11:03.000 --> 01:11:18.000]  However, an unnamed payee or you can't even really call them an unnamed payee, somebody signed it. But who signed it?
[01:11:18.000 --> 01:11:37.000]  Let's compare a different type of negotiable instrument for those who remember writing out a paper check before debit cards came along. Pay to the order of Sally Jones, the amount of $100.
[01:11:37.000 --> 01:11:51.000]  Now, Sally Jones can take that to the bank and say, I would like to cash this. In other words, I would like to negotiate this. Okay. Can I see some, are you Sally Jones?
[01:11:51.000 --> 01:12:02.000]  I am. Can I see some ID please? Thank you. Here's my driver's license. Okay. I see that. Oh, that's your picture and Sally Jones is your name. Sally Jones appears on the payee line.
[01:12:02.000 --> 01:12:14.000]  Sure, Ms. Jones, how would you like that? Hundreds, twenties, ones, quarters, dimes, pennies. We'll give you what you want. Name your medium.
[01:12:14.000 --> 01:12:26.000]  However, if nobody's name appears on that payee line, what's the teller at the bank going to do? Going to push that check back to you and say, I'm sorry, I can't cash this.
[01:12:26.000 --> 01:12:36.000]  I cannot negotiate this. Or actually, I can't cash it because it has not been properly negotiated. Your name doesn't appear there. Oh, I'm sorry. I forgot.
[01:12:36.000 --> 01:12:45.000]  I can just turn around and put my name on there or put cash. Turn back around to the teller. Is this all right? Oh, yeah, sure. Okay. Yeah. Now there's a named payee.
[01:12:45.000 --> 01:13:06.000]  Now I can give you the money. Great. What makes it different on a mortgage note? Nothing. It's a negotiable instrument governed by 3-203D of the UCC or the equivalent state code.
[01:13:06.000 --> 01:13:21.000]  This is the only statute in existence that covers transfer of instrument rights acquired by transfer.
[01:13:21.000 --> 01:13:33.000]  We're not talking about who holds this. We're not talking about who owns it. We're talking about who has the right to enforce.
[01:13:33.000 --> 01:13:45.000]  Right. Danny, you still with us? Oh, I'm sorry. I guess you could comment if we push the go live button. Danny, is that making any sense to you?
[01:13:45.000 --> 01:13:57.000]  Yeah, that's what I was looking for. I've heard you discuss it before, but I was looking in Chapter 3 and I know it talks about Pete, but didn't have some other thing.
[01:13:57.000 --> 01:14:12.000]  Notes down before, but somehow I misplaced them. Go look closer at 3-2. If you have a copy of the note as it exists today and there is the absence of a named payee on the endorsement,
[01:14:12.000 --> 01:14:23.000]  that would be the big black stamp, imprint stamp on the back page or what they would call in a launch, that would be a blank page that should be attached to the note.
[01:14:23.000 --> 01:14:32.000]  Rarely is. Maybe, I guess, if you were fortunate enough to see the original, it may be attached to the back. Who knows? Who cares?
[01:14:32.000 --> 01:14:38.000]  We're not talking about show me the note. That old wore out story doesn't work anymore.
[01:14:38.000 --> 01:14:51.000]  What we're talking about is the right to enforce. If there's no named payee on the payee line, but somebody signed it, then there's a problem.
[01:14:51.000 --> 01:15:05.000]  Now they're going to argue, oh, no, no, that's an endorsement in blank. No, it's not. If it was an endorsement in blank, nobody would have signed it.
[01:15:05.000 --> 01:15:17.000]  It's usually signed by some former burger flipper that ascended to vice president of some department in a major national bank.
[01:15:17.000 --> 01:15:26.000]  These people don't know. They're just there earning their ten dollars an hour signing as many documents as they can in an eight hour period. Period.
[01:15:26.000 --> 01:15:32.000]  They don't know. They don't care. Just sign document, sign document, sign document faster, faster, faster.
[01:15:32.000 --> 01:15:41.000]  We've got a thousand more to do by four o'clock. Let's go. Let's go. Let's go.
[01:15:41.000 --> 01:15:49.000]  OK, said it beats dead and buried out by the Mexican border in a shallow grave.
[01:15:49.000 --> 01:15:56.000]  They shot him in the head right after closing.
[01:15:56.000 --> 01:15:59.000]  Do you have any other questions or does that answer your question?
[01:15:59.000 --> 01:16:07.000]  Well, you want to find out if you look through that notice that I had sent to you.
[01:16:07.000 --> 01:16:14.000]  Did you send that to me since the last time I slept?
[01:16:14.000 --> 01:16:19.000]  Oh, Randy.
[01:16:19.000 --> 01:16:22.000]  In other words, no.
[01:16:22.000 --> 01:16:25.000]  Since the last time we talked.
[01:16:25.000 --> 01:16:33.000]  Oh, I have definitely slept since then. I've probably got five hundred emails since then.
[01:16:33.000 --> 01:16:41.000]  Well, you all seem real interested in it before, but you didn't have the first document.
[01:16:41.000 --> 01:16:45.000]  That's a requirement for an indictment for a misdemeanor charge.
[01:16:45.000 --> 01:16:51.000]  Oh, yes. I just didn't see the email.
[01:16:51.000 --> 01:17:00.000]  Hang on. We're about to go to break. Randy Kelton, Steve Skidmore, Rule of Law Radio. Call in number 512-646-1984. We'll be right back.
[01:17:00.000 --> 01:17:04.000]  Chances are you've heard of My Magic Mud, but have you used it?
[01:17:04.000 --> 01:17:09.000]  Thousands of people are blown away by the clean and healthy feeling they experience after just one use.
[01:17:09.000 --> 01:17:13.000]  Here's what Harlan Dietrich, owner of Brave New Books, has to say about the product.
[01:17:13.000 --> 01:17:16.000]  Hey, everybody. This is Harlan Dietrich, owner of Brave New Books.
[01:17:16.000 --> 01:17:18.000]  I just want to tell everybody about My Magic Mud.
[01:17:18.000 --> 01:17:21.000]  I use the product, and it makes my teeth feel clean and healthy.
[01:17:21.000 --> 01:17:25.000]  I think it makes them stronger, and I've got lots of customers that come in and say the same thing.
[01:17:25.000 --> 01:17:27.000]  You can pick yours up at Brave New Books.
[01:17:27.000 --> 01:17:33.000]  If that wasn't enough, Dr. Griffin Cole, DDS, who's been featured on The Alex Jones Show, loves it too.
[01:17:33.000 --> 01:17:37.000]  Hi. I'm Dr. Griffin Cole, and I've got to tell you, I really love this Magic Mud product.
[01:17:37.000 --> 01:17:43.000]  Because charcoal is so absorbent, it's very effective at taking off all the sticky plaque and debris that gets stuck on our teeth every day.
[01:17:43.000 --> 01:17:45.000]  I highly recommend My Magic Mud.
[01:17:45.000 --> 01:17:51.000]  If you haven't yet experienced My Magic Mud, it's never too late to brighten your smile and strengthen your teeth.
[01:17:51.000 --> 01:18:00.000]  Get your jar of My Magic Mud today at Brave New Books, located at 1904 Guadalupe Street, or order online today at MyMagicMud.com.
[01:18:00.000 --> 01:18:09.000]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination by delivering excellent customer service and outstanding value at an affordable price.
[01:18:09.000 --> 01:18:15.000]  We provide a wide assortment of favorite products featuring a great selection of high quality coins and precious metals.
[01:18:15.000 --> 01:18:19.000]  We cater to beginners in coin collecting as well as large transactions for investors.
[01:18:19.000 --> 01:18:24.000]  We believe in educating our customers with resources from top accredited metals dealers and journalists.
[01:18:24.000 --> 01:18:27.000]  If we don't have what you're looking for, we can find it.
[01:18:27.000 --> 01:18:32.000]  In addition, we carry popular longevity products such as Beyond Tangy Tangerine and Polynbursts.
[01:18:32.000 --> 01:18:39.000]  We also offer One World Way, Mountain House Storable Foods, Berkey Water Products, ammunition at 10% above wholesale, and more.
[01:18:39.000 --> 01:18:43.000]  We broker metals IRA accounts, and we also accept Bitcoins as payment.
[01:18:43.000 --> 01:18:46.000]  Call us at 512-646-6440.
[01:18:46.000 --> 01:18:51.000]  We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson.
[01:18:51.000 --> 01:18:55.000]  We're open Monday through Friday 10 to 6, Saturdays 10 to 2.
[01:18:55.000 --> 01:19:17.000]  Visit us at CapitalCoinAndBullion.com or call 512-646-6440.
[01:19:55.000 --> 01:19:57.000]  Okay, we are back.
[01:19:57.000 --> 01:20:00.000]  Randy Kelton, Steve Skidmore, Rule of Law Radio.
[01:20:00.000 --> 01:20:04.000]  Danny, do we pretty well have your questions answered?
[01:20:04.000 --> 01:20:06.000]  Oh, oh, the, the, the...
[01:20:06.000 --> 01:20:07.000]  The question, but...
[01:20:07.000 --> 01:20:12.000]  The, the, the Tennessee Grand Jury issues.
[01:20:12.000 --> 01:20:16.000]  Is that what that email was about?
[01:20:16.000 --> 01:20:18.000]  No, no, it's, it, this is a Texas thing.
[01:20:18.000 --> 01:20:21.000]  I have to call those, call those things in the Texas Constitution.
[01:20:21.000 --> 01:20:27.000]  It's something I had done before I left from down there, but still working on it occasionally.
[01:20:27.000 --> 01:20:32.000]  Okay, that was something I addressed with my local sheriff recently.
[01:20:32.000 --> 01:20:37.000]  This, we have, in the county I live in, it's the only county in Texas I know of,
[01:20:37.000 --> 01:20:42.000]  where the sheriff actually has his deputies, when they arrest someone,
[01:20:42.000 --> 01:20:45.000]  take them to the nearest magistrate.
[01:20:45.000 --> 01:20:49.000]  And it appears to have worked out very well for him.
[01:20:49.000 --> 01:21:01.000]  And now I want to look at getting the legislature to force the policing agencies
[01:21:01.000 --> 01:21:12.000]  and the courts to follow Constitution and put everything up for indictment.
[01:21:12.000 --> 01:21:17.000]  So I definitely want to look at that, and I'm sorry that I missed your email.
[01:21:17.000 --> 01:21:18.000]  I did get a bunch of them.
[01:21:18.000 --> 01:21:20.000]  Well, your Skype, your Skype's not up.
[01:21:20.000 --> 01:21:23.000]  I'm, I'm trying to send it right now.
[01:21:23.000 --> 01:21:24.000]  The Skype is up.
[01:21:24.000 --> 01:21:28.000]  I'm actually on Skype.
[01:21:28.000 --> 01:21:29.000]  That's how we tie into the bridge.
[01:21:29.000 --> 01:21:33.000]  Your offline is your offline.
[01:21:33.000 --> 01:21:36.000]  That's interesting why it would show such a thing.
[01:21:36.000 --> 01:21:38.000]  I don't show you offline.
[01:21:38.000 --> 01:21:46.000]  I see, I see Randy's online.
[01:21:46.000 --> 01:21:47.000]  Yeah.
[01:21:47.000 --> 01:21:48.000]  Which Skype are you going to?
[01:21:48.000 --> 01:21:51.000]  Are you going to Rule Dude?
[01:21:51.000 --> 01:21:55.000]  The Rule of Law radio?
[01:21:55.000 --> 01:21:58.000]  No, it's Megabyte One.
[01:21:58.000 --> 01:22:01.000]  I don't use that one anymore.
[01:22:01.000 --> 01:22:04.000]  Oh, okay.
[01:22:04.000 --> 01:22:09.000]  Okay, yeah, try Rule of Law radio.
[01:22:09.000 --> 01:22:11.000]  Yeah.
[01:22:11.000 --> 01:22:14.000]  Okay, and yeah, I don't send them while we're on the air.
[01:22:14.000 --> 01:22:16.000]  It uses up my bandwidth.
[01:22:16.000 --> 01:22:20.000]  I crash and burn.
[01:22:20.000 --> 01:22:22.000]  Okay, send that to me and call back next week.
[01:22:22.000 --> 01:22:27.000]  I would very much like to talk about that, and I apologize for not seeing the Skype or the email.
[01:22:27.000 --> 01:22:33.000]  Yeah, well, when will be the time to send it so that you will have it at the time to be talking?
[01:22:33.000 --> 01:22:40.000]  If you're going to send it over Skype, wait until after midnight central.
[01:22:40.000 --> 01:22:45.000]  Yeah, any time after that, in the morning or whatever.
[01:22:45.000 --> 01:22:46.000]  Okay.
[01:22:46.000 --> 01:22:49.000]  Okay, thank you, Danny.
[01:22:49.000 --> 01:22:53.000]  Okay, now we're going to go to Betty in Texas.
[01:22:53.000 --> 01:22:57.000]  Hello, Betty, what do you have for us tonight?
[01:22:57.000 --> 01:23:00.000]  Oh, just some quick questions.
[01:23:00.000 --> 01:23:05.000]  Do you have your grievance form against judges perfected now?
[01:23:05.000 --> 01:23:08.000]  Oh, that's not my grievance form.
[01:23:08.000 --> 01:23:16.000]  The State Commission on Judicial Conduct has their own form, and they will only accept a grievance on their form,
[01:23:16.000 --> 01:23:19.000]  and you can download it from their website.
[01:23:19.000 --> 01:23:34.000]  Yeah, or you can go to prosaforclosure.wordpress.com, and I've got each state's form there on the website.
[01:23:34.000 --> 01:23:39.000]  Yes, and perhaps I misunderstood your question.
[01:23:39.000 --> 01:23:57.000]  I own judicialconduct.com, and I intend to have a site up where you can go to the site and write a judicial conduct complaint from the site, and that I don't have up here.
[01:23:57.000 --> 01:24:03.000]  Okay, so well, you said you were going to, so that's why I was checking.
[01:24:03.000 --> 01:24:14.000]  Okay, well, Ken Magnuson wanted judicial complaints, and does he have a form?
[01:24:14.000 --> 01:24:17.000]  No, no.
[01:24:17.000 --> 01:24:23.000]  If we had a form, it would be the form that comes off their website.
[01:24:23.000 --> 01:24:33.000]  So they will only accept the grievance complaints on their form. State bar is the same way.
[01:24:33.000 --> 01:24:39.000]  On my bar grievance site, I had an old form, and they changed to a new one, and they wouldn't accept them on the old one.
[01:24:39.000 --> 01:24:44.000]  So you have to use the exact form that they have on their website.
[01:24:44.000 --> 01:24:53.000]  You can just go to State Commission on Judicial Conduct, Texas State Commission on Judicial Conduct, and download it.
[01:24:53.000 --> 01:24:55.000]  Judicial conduct.
[01:24:55.000 --> 01:24:57.000]  Okay.
[01:24:57.000 --> 01:24:59.000]  All right, next question.
[01:24:59.000 --> 01:25:05.000]  How long does the court have to keep their records before they shred them?
[01:25:05.000 --> 01:25:08.000]  Forever.
[01:25:08.000 --> 01:25:12.000]  Are you talking about criminal records?
[01:25:12.000 --> 01:25:21.000]  The paper docs, they may shred, but they'll still have an electronic copy, and they can run you off a copy and certify it.
[01:25:21.000 --> 01:25:25.000]  What, like CD?
[01:25:25.000 --> 01:25:37.000]  They can, or if you, sometimes, okay, like here in the state of Texas, most all courts are going or trying to convert to a paperless court system.
[01:25:37.000 --> 01:25:46.000]  What they will do is they will archive. I know this because I've gone down to look at some old records, and they were preparing to,
[01:25:46.000 --> 01:25:53.000]  they had boxes and boxes and boxes and boxes and boxes of documents all stacked up in banker boxes.
[01:25:53.000 --> 01:26:02.000]  And I asked if I could see these documents, and the lady said, well, we're waiting on the truck to come pick these up to take them to the archives building.
[01:26:02.000 --> 01:26:09.000]  And she was able to go back and look in, you know, shuffle a few of these boxes around, and guess what?
[01:26:09.000 --> 01:26:11.000]  She found my file.
[01:26:11.000 --> 01:26:18.000]  There was a five or six-inch file that was fixing to go to the archives room.
[01:26:18.000 --> 01:26:25.000]  Once they go to the archives room, I believe they hold them there for three years, and then they're shredded.
[01:26:25.000 --> 01:26:36.000]  Now, just because the paper document, the hard copy is shredded, does not mean that they've deleted the electronic file.
[01:26:36.000 --> 01:26:44.000]  So even if you've got a document that has been shredded, the paper document no longer exists.
[01:26:44.000 --> 01:26:50.000]  Iron Mountain took that, and it's been turned into new paper again.
[01:26:50.000 --> 01:26:57.000]  They will have an electronic copy, an electronic file that they can print off and certify,
[01:26:57.000 --> 01:27:04.000]  and it's recognized as if it were the original because it's certified.
[01:27:04.000 --> 01:27:12.000]  But if you're needing to go through the file to find out what happened...
[01:27:12.000 --> 01:27:20.000]  It's not going to happen, not after time. You're going to have to know specifically what documents you're looking for.
[01:27:20.000 --> 01:27:28.000]  Yeah, when they went to this paperless system, they didn't do litigants any favors.
[01:27:28.000 --> 01:27:30.000]  They honestly didn't.
[01:27:30.000 --> 01:27:35.000]  They're doing themselves a favor, trying to appease the tree huggers out there,
[01:27:35.000 --> 01:27:42.000]  but it made things more difficult for us to find what we're looking for.
[01:27:42.000 --> 01:27:48.000]  Now, you can go to the court, and if they have the electronic files available,
[01:27:48.000 --> 01:27:54.000]  most courts have public access computers.
[01:27:54.000 --> 01:28:01.000]  You can sit down and pull up your case and find what document you want,
[01:28:01.000 --> 01:28:07.000]  and get the document number and tell them, I want this one, this one, and this one,
[01:28:07.000 --> 01:28:10.000]  and they'll print it off, and can you certify it?
[01:28:10.000 --> 01:28:22.000]  Well, yeah, it'll cost you, I don't know, a dollar a page, whatever it is, to have it certified, and they'll certify it.
[01:28:22.000 --> 01:28:30.000]  You can find all the documents that have been filed because the clerk is required by statute to keep a docket sheet.
[01:28:30.000 --> 01:28:32.000]  Yes.
[01:28:32.000 --> 01:28:36.000]  And you pull the docket sheet, and that'll tell you everything that was filed in the case.
[01:28:36.000 --> 01:28:44.000]  On the docket sheet, what if the clerk puts down, of the estate, of the estate, of the estate?
[01:28:44.000 --> 01:28:48.000]  Then that sends you right back to the computer, sitting there in front of the computer screen,
[01:28:48.000 --> 01:28:54.000]  looking at every document that was filed, and then once you find the one that you want,
[01:28:54.000 --> 01:28:59.000]  you tell the clerk, I want this copy, and this copy, and this copy, and I want them certified.
[01:28:59.000 --> 01:29:03.000]  How much is that going to cost me?
[01:29:03.000 --> 01:29:06.000]  In the computer, you can look at every document.
[01:29:06.000 --> 01:29:08.000]  Yes.
[01:29:08.000 --> 01:29:11.000]  In the computer at the courthouse?
[01:29:11.000 --> 01:29:13.000]  Yes.
[01:29:13.000 --> 01:29:20.000]  Yes, you just go to the records room, and you can search any case you want,
[01:29:20.000 --> 01:29:25.000]  as long as you know the parties or a case number, several different...
[01:29:25.000 --> 01:29:30.000]  Now, each court is going to have its own format in how they set it up,
[01:29:30.000 --> 01:29:33.000]  but they're all basically the same.
[01:29:33.000 --> 01:29:38.000]  You'll put in your search criteria and pull up whatever case you want,
[01:29:38.000 --> 01:29:44.000]  and just sit there and go through document after document until you find what you need.
[01:29:44.000 --> 01:29:47.000]  Okay, hang on. We'll be right back. We're going to break.
[01:29:47.000 --> 01:29:52.000]  This is Randy Kelton, Steve Skidmore, Rule of Law Radio.
[01:29:52.000 --> 01:30:00.000]  call in number 512-646-1984. We'll be right back.
[01:30:00.000 --> 01:30:05.000]  You may have heard of whistling while you work,
[01:30:05.000 --> 01:30:08.000]  but how about walking while working at your cubicle?
[01:30:08.000 --> 01:30:10.000]  I'm Dr. Catherine Albrecht.
[01:30:10.000 --> 01:30:16.000]  In a moment, I'll tell you about the latest concept in health-conscious office furniture, treadmill desks.
[01:30:16.000 --> 01:30:18.000]  Privacy is under attack.
[01:30:18.000 --> 01:30:21.000]  When you give up data about yourself, you'll never get it back again.
[01:30:21.000 --> 01:30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:26.000 --> 01:30:32.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:32.000 --> 01:30:34.000]  Privacy. It's worth hanging on to.
[01:30:34.000 --> 01:30:37.000]  This message is brought to you by StartPage.com,
[01:30:37.000 --> 01:30:41.000]  the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.000 --> 01:30:45.000]  Start over with StartPage.
[01:30:45.000 --> 01:30:49.000]  Sitting all day can take years off your life, and standing is hard on your back.
[01:30:49.000 --> 01:30:52.000]  So what's a desk-bound cubicle jockey to do?
[01:30:52.000 --> 01:30:54.000]  How about getting a treadmill desk?
[01:30:54.000 --> 01:30:57.000]  Invented by Dr. James Levine at the Mayo Clinic,
[01:30:57.000 --> 01:31:01.000]  the walk station is a slow-moving treadmill rigged up to a desk.
[01:31:01.000 --> 01:31:04.000]  Workers do their normal activities while slowly walking.
[01:31:04.000 --> 01:31:11.000]  Companies from Mutual of Omaha to Humana have signed on, buying these gizmos at $4,300 a pop.
[01:31:11.000 --> 01:31:14.000]  The goal is to lower health care costs by keeping people moving.
[01:31:14.000 --> 01:31:17.000]  They really work, and employees say they love them.
[01:31:17.000 --> 01:31:20.000]  But if you think your workday feels like a treadmill now,
[01:31:20.000 --> 01:31:23.000]  just wait till the boss cranks that dial up to high.
[01:31:23.000 --> 01:31:31.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.000 --> 01:31:32.000]  I lost my son.
[01:31:32.000 --> 01:31:33.000]  My nephew.
[01:31:33.000 --> 01:31:34.000]  My uncle.
[01:31:34.000 --> 01:31:35.000]  My son.
[01:31:35.000 --> 01:31:36.000]  On September 11, 2001.
[01:31:36.000 --> 01:31:39.000]  Most people don't know that a third tower fell on September 11.
[01:31:39.000 --> 01:31:43.000]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[01:31:43.000 --> 01:31:47.000]  Although the official explanation is that fire brought down Building 7,
[01:31:47.000 --> 01:31:51.000]  over 1,200 architects and engineers have looked into the evidence
[01:31:51.000 --> 01:31:53.000]  and believe there is more to the story.
[01:31:53.000 --> 01:31:56.000]  Bring justice to my son, my uncle, my nephew, my son.
[01:31:56.000 --> 01:31:58.000]  Go to buildingwhat.org.
[01:31:58.000 --> 01:32:01.000]  Why it fell, why it matters, and what you can do.
[01:32:01.000 --> 01:32:05.000]  After work, I'm so tired that I want to be left alone to sleep.
[01:32:05.000 --> 01:32:07.000]  Hey, listen to me.
[01:32:07.000 --> 01:32:08.000]  Who are you?
[01:32:08.000 --> 01:32:12.000]  I knew you years ago when you felt healthy and young and everything worked on your body.
[01:32:12.000 --> 01:32:13.000]  Do you remember that?
[01:32:13.000 --> 01:32:14.000]  Yes.
[01:32:14.000 --> 01:32:15.000]  I wish I felt like that now.
[01:32:15.000 --> 01:32:20.000]  You can feel like that again with a new micro-plant powder formulation called Iodine Now.
[01:32:20.000 --> 01:32:25.000]  It cleans the entire body from head to toe and feeds the body what it really needs.
[01:32:25.000 --> 01:32:28.000]  You'll be in a better mood and you'll find more drive in your romantic life.
[01:32:28.000 --> 01:32:29.000]  Really?
[01:32:29.000 --> 01:32:31.000]  I've got to try Iodine Now.
[01:32:31.000 --> 01:32:32.000]  It feels good again.
[01:32:32.000 --> 01:32:36.000]  It also protects you from radiation, heavy metals, fluoride, chlorine, and bromine,
[01:32:36.000 --> 01:32:38.000]  including cancer and most major diseases.
[01:32:38.000 --> 01:32:39.000]  You'll be amazed.
[01:32:39.000 --> 01:32:41.000]  You can be your own doctor.
[01:32:41.000 --> 01:32:44.000]  I want to keep you out of the hospital and off pharmaceuticals.
[01:32:44.000 --> 01:32:46.000]  Wow, why are you so nice to me?
[01:32:46.000 --> 01:32:47.000]  Because I'm you.
[01:32:47.000 --> 01:32:50.000]  You're out of shape and I need a better looking future.
[01:32:50.000 --> 01:32:53.000]  Call 888-910-4367.
[01:32:53.000 --> 01:32:56.000]  That's 888-910-4367.
[01:32:56.000 --> 01:32:58.000]  Or visit microplantpowder.com.
[01:32:58.000 --> 01:33:01.000]  microplantpowder.com.
[01:33:01.000 --> 01:33:05.000]  You are listening to the Logos Radio Network.
[01:33:05.000 --> 01:33:12.000]  LogosRadioNetwork.com
[01:33:35.000 --> 01:33:44.000]  LogosRadioNetwork.com
[01:33:44.000 --> 01:33:46.000]  Okay, we are back.
[01:33:46.000 --> 01:33:48.000]  Randy Kelton, Steve Skidmore.
[01:33:48.000 --> 01:33:51.000]  We're talking to Betty in Texas.
[01:33:51.000 --> 01:33:53.000]  Betty, where were we?
[01:33:53.000 --> 01:33:55.000]  We had a really busy break.
[01:33:55.000 --> 01:33:56.000]  Shredded documents.
[01:33:56.000 --> 01:33:57.000]  Shredded documents.
[01:33:57.000 --> 01:33:58.000]  Oh, yes.
[01:33:58.000 --> 01:34:00.000]  Yeah, you can see everything online.
[01:34:00.000 --> 01:34:01.000]  And even if the...
[01:34:01.000 --> 01:34:04.000]  Not necessarily online, but yes.
[01:34:04.000 --> 01:34:05.000]  At the courthouse.
[01:34:05.000 --> 01:34:06.000]  At the courthouse.
[01:34:06.000 --> 01:34:09.000]  If you pay them a bunch of money, you can see it online.
[01:34:09.000 --> 01:34:15.000]  Some court documents are not available online like Williamson County.
[01:34:15.000 --> 01:34:18.000]  They want you to go down there in person and get what you want.
[01:34:18.000 --> 01:34:22.000]  Yeah, I'm thinking about in Tarrant County, you can go to the courthouse and see everything.
[01:34:22.000 --> 01:34:25.000]  Or you can pay them a bunch of money and see everything online.
[01:34:25.000 --> 01:34:29.000]  But you can go down there and pull up the DACA sheet.
[01:34:29.000 --> 01:34:34.000]  If it's not clear, every document that they scan, they scan them in order.
[01:34:34.000 --> 01:34:35.000]  My house.
[01:34:35.000 --> 01:34:36.000]  You can just...
[01:34:36.000 --> 01:34:37.000]  My house.
[01:34:37.000 --> 01:34:41.000]  I can pull up the sheet and print it.
[01:34:41.000 --> 01:34:43.000]  Okay, do you have a...
[01:34:43.000 --> 01:34:47.000]  If you don't need an actual copy of it, you just need to know what all is there.
[01:34:47.000 --> 01:34:51.000]  Do you have a smartphone?
[01:34:51.000 --> 01:34:55.000]  No, I don't have one.
[01:34:55.000 --> 01:34:57.000]  Oh, just go find a 10-year-old.
[01:34:57.000 --> 01:34:58.000]  They'll have one.
[01:34:58.000 --> 01:35:02.000]  You can take a photo of the screen.
[01:35:02.000 --> 01:35:04.000]  I do that sometimes when I'm collecting records.
[01:35:04.000 --> 01:35:07.000]  I just bring up the screen and take a photo of it.
[01:35:07.000 --> 01:35:11.000]  If you have a digital camera, you can just photograph the screen.
[01:35:11.000 --> 01:35:16.000]  If you don't need a certified copy, it doesn't cost you anything.
[01:35:16.000 --> 01:35:22.000]  Well, I just wanted to find out what happened.
[01:35:22.000 --> 01:35:24.000]  Okay, another question.
[01:35:24.000 --> 01:35:31.000]  We were talking about the controllers that dispense money to the courts,
[01:35:31.000 --> 01:35:34.000]  and you were saying that they will...
[01:35:34.000 --> 01:35:40.000]  And I spoke with a controller, and he said, well, but they just...
[01:35:40.000 --> 01:35:44.000]  For instance, if a person's indigent and they have a guardian,
[01:35:44.000 --> 01:35:58.000]  then the court, the county will give the controllers monies for that court
[01:35:58.000 --> 01:36:07.000]  for the cases being heard, and then it's up to the judge and his clerks
[01:36:07.000 --> 01:36:10.000]  to dispense the monies.
[01:36:10.000 --> 01:36:16.000]  So you were saying that they would be helpful to tell you how to get it
[01:36:16.000 --> 01:36:18.000]  or what form to use.
[01:36:18.000 --> 01:36:25.000]  Do you have a form since they didn't offer to give me any forms to use?
[01:36:25.000 --> 01:36:27.000]  They're not going to offer them.
[01:36:27.000 --> 01:36:30.000]  You have to request them.
[01:36:30.000 --> 01:36:33.000]  Okay, so I'll fall back then.
[01:36:33.000 --> 01:36:40.000]  For them to offer forms could be in some miniscule way construed
[01:36:40.000 --> 01:36:42.000]  as an offer of legal advice.
[01:36:42.000 --> 01:36:44.000]  If you go down there and say, hey, I have this issue,
[01:36:44.000 --> 01:36:48.000]  and the clerk says, oh, well, here, fill this out and file it.
[01:36:48.000 --> 01:36:49.000]  You can't do that.
[01:36:49.000 --> 01:36:55.000]  No, what I'm saying is was your question about requesting information?
[01:36:55.000 --> 01:36:57.000]  Where the money went.
[01:36:57.000 --> 01:37:00.000]  Oh, that's an information request.
[01:37:00.000 --> 01:37:09.000]  Generally, they have a form, but on my website, jurisimprudence.com.
[01:37:09.000 --> 01:37:19.000]  That's J-U-R-I-S-imprudence, I-M-P-R-U-D-E-N-C-E.com.
[01:37:19.000 --> 01:37:21.000]  When it opens up, it's got a bunch of frogs on it.
[01:37:21.000 --> 01:37:25.000]  Top frog on the right, documents and research.
[01:37:25.000 --> 01:37:28.000]  Click that, then click blanks.
[01:37:28.000 --> 01:37:32.000]  Go down there, you'll see an info blank.
[01:37:32.000 --> 01:37:36.000]  One of the info blanks has my name on it, and one of them doesn't.
[01:37:36.000 --> 01:37:42.000]  Just pull up the blank one, download it, print a couple copies of it,
[01:37:42.000 --> 01:37:45.000]  and there's two pages.
[01:37:45.000 --> 01:37:49.000]  Take that down, and it's got a section where you fill out what you want,
[01:37:49.000 --> 01:37:52.000]  and it just blank lines that you fill in.
[01:37:52.000 --> 01:37:56.000]  Give them that, and if they have their own form,
[01:37:56.000 --> 01:37:59.000]  then they'll probably tell you they need it on their form,
[01:37:59.000 --> 01:38:03.000]  and I always tell them, oh, well, you got mine, act on it or not.
[01:38:03.000 --> 01:38:08.000]  I don't care what you do, and they always act on it.
[01:38:08.000 --> 01:38:12.000]  But if they don't have their own form for information requests,
[01:38:12.000 --> 01:38:16.000]  then you can go to my site and download one.
[01:38:16.000 --> 01:38:21.000]  Or just send me an email, randy at rootoflawradio.com,
[01:38:21.000 --> 01:38:24.000]  and I'll send you a copy.
[01:38:24.000 --> 01:38:26.000]  Okay.
[01:38:26.000 --> 01:38:30.000]  Have you all ever heard of any RICO cases
[01:38:30.000 --> 01:38:35.000]  where it involves judges and state clerks and attorneys?
[01:38:35.000 --> 01:38:38.000]  Oh, yeah, there's been a lot of them.
[01:38:38.000 --> 01:38:43.000]  Yeah, it's common for the state to be sued for RICO,
[01:38:43.000 --> 01:38:48.000]  for the state courts to be sued for RICO in the Fed.
[01:38:48.000 --> 01:38:55.000]  So if you plan to do that, it would not be anything new.
[01:38:55.000 --> 01:38:57.000]  That's the best place to sue the state,
[01:38:57.000 --> 01:39:02.000]  to sue the Fed in the state, the state in the Fed.
[01:39:02.000 --> 01:39:07.000]  I had a judge out of Oklahoma say that filing a RICO suit
[01:39:07.000 --> 01:39:11.000]  is like dropping an atom bomb.
[01:39:11.000 --> 01:39:15.000]  It gets everybody excited.
[01:39:15.000 --> 01:39:20.000]  I know you can get more with honey than you can with vinegar, but...
[01:39:20.000 --> 01:39:23.000]  Not from these guys.
[01:39:23.000 --> 01:39:28.000]  You're dealing with a bunch of lying scoundrels.
[01:39:28.000 --> 01:39:31.000]  And the only way they'll do the right thing
[01:39:31.000 --> 01:39:35.000]  is if you have them by the throat.
[01:39:35.000 --> 01:39:37.000]  Right.
[01:39:37.000 --> 01:39:39.000]  Now, there actually may be good officials out there
[01:39:39.000 --> 01:39:42.000]  who will do the right thing for the right reason.
[01:39:42.000 --> 01:39:45.000]  But it behooves you to act as if they don't.
[01:39:45.000 --> 01:39:50.000]  And then on the other hand, if you want something from them,
[01:39:50.000 --> 01:39:53.000]  you must request it in the right way
[01:39:53.000 --> 01:39:58.000]  in order to invoke their duty to give it to you.
[01:39:58.000 --> 01:40:04.000]  And as information goes, you file the written information request.
[01:40:04.000 --> 01:40:08.000]  And I generally try to be as vague as I can,
[01:40:08.000 --> 01:40:12.000]  because no matter how specific you are,
[01:40:12.000 --> 01:40:14.000]  they're going to ask you to be more specific.
[01:40:14.000 --> 01:40:18.000]  It's just what they do.
[01:40:18.000 --> 01:40:24.000]  So it's getting late tonight, but if you're calling next week,
[01:40:24.000 --> 01:40:26.000]  we'll talk about open records.
[01:40:26.000 --> 01:40:31.000]  I have a whole set of tools to use on them for open records.
[01:40:31.000 --> 01:40:35.000]  And if you look on the Jurisprudence site,
[01:40:35.000 --> 01:40:40.000]  you'll see a scope and content request.
[01:40:40.000 --> 01:40:46.000]  That's my request for you want to be hard to get along with, Bubba?
[01:40:46.000 --> 01:40:49.000]  I will show you hard to get along with.
[01:40:49.000 --> 01:40:52.000]  I file the scope and content request.
[01:40:52.000 --> 01:40:58.000]  And it asks for the substantive scope and content
[01:40:58.000 --> 01:41:03.000]  of all the records collected, assembled, and maintained by the department.
[01:41:03.000 --> 01:41:07.000]  And it just walks down the code.
[01:41:07.000 --> 01:41:10.000]  And I always get the lawyer saying,
[01:41:10.000 --> 01:41:12.000]  well, I read your request and it's too broad.
[01:41:12.000 --> 01:41:15.000]  I don't know what you're asking for.
[01:41:15.000 --> 01:41:20.000]  And I always tell them, well, if you don't know what I'm asking for,
[01:41:20.000 --> 01:41:24.000]  go ask the legislature what they met when they wrote that,
[01:41:24.000 --> 01:41:28.000]  because I wrote it right out of the code.
[01:41:28.000 --> 01:41:33.000]  And then when they don't respond, I start filing criminal charges against them.
[01:41:33.000 --> 01:41:37.000]  And then they get all excited and get their feelings hurt.
[01:41:37.000 --> 01:41:39.000]  Sorry, Bubba, life is tough.
[01:41:39.000 --> 01:41:41.000]  You want to play hardball?
[01:41:41.000 --> 01:41:45.000]  We will introduce you to the deep end of the pool.
[01:41:45.000 --> 01:41:51.000]  That's the only way I've been able to get information from them.
[01:41:51.000 --> 01:41:56.000]  The district clerk, Randall County, I asked to see some documents.
[01:41:56.000 --> 01:41:58.000]  You don't have to go look in the computer.
[01:41:58.000 --> 01:42:00.000]  Well, I'm concerned that everything's not in the computer.
[01:42:00.000 --> 01:42:02.000]  I want to see the physical documents.
[01:42:02.000 --> 01:42:04.000]  Well, I'm busy and I don't have enough help.
[01:42:04.000 --> 01:42:06.000]  I don't have the time or the manpower to produce those.
[01:42:06.000 --> 01:42:08.000]  You'll have to look in the record.
[01:42:08.000 --> 01:42:10.000]  You'll look in the computer.
[01:42:10.000 --> 01:42:14.000]  I said, wait right there.
[01:42:14.000 --> 01:42:16.000]  Don't go anywhere.
[01:42:16.000 --> 01:42:18.000]  Somebody's going to want to talk to you.
[01:42:18.000 --> 01:42:24.000]  I walked to the door, pushed it open, pointed at a sergeant on the security.
[01:42:24.000 --> 01:42:27.000]  You, come here.
[01:42:27.000 --> 01:42:29.000]  He came over, what can I do for you?
[01:42:29.000 --> 01:42:33.000]  Arrest that woman.
[01:42:33.000 --> 01:42:36.000]  That was so much fun.
[01:42:36.000 --> 01:42:42.000]  The look on her face was absolutely priceless.
[01:42:42.000 --> 01:42:45.000]  It turned into a big to-do.
[01:42:45.000 --> 01:42:49.000]  And while I'm waiting for the police to come to arrest a whole bunch of them,
[01:42:49.000 --> 01:42:52.000]  the clerk came out with the records I asked for.
[01:42:52.000 --> 01:42:55.000]  And the lieutenant who had come out and gave me a hard time,
[01:42:55.000 --> 01:43:00.000]  and I was calling on him, they came out and she's got these records.
[01:43:00.000 --> 01:43:04.000]  And he started to say something and I said, stop, stop.
[01:43:04.000 --> 01:43:06.000]  I can't talk to you.
[01:43:06.000 --> 01:43:09.000]  I'll be filing criminal charges against you.
[01:43:09.000 --> 01:43:11.000]  I have someone coming.
[01:43:11.000 --> 01:43:16.000]  When he gets here, I'll give him a full accounting.
[01:43:16.000 --> 01:43:19.000]  And the little sergeant I talked to in the first place said,
[01:43:19.000 --> 01:43:22.000]  well, she's got the records you asked for.
[01:43:22.000 --> 01:43:28.000]  I said, sorry, Bubba, that bell's already been rung.
[01:43:28.000 --> 01:43:33.000]  And that's when I thought the clerk was going to bomb it.
[01:43:33.000 --> 01:43:36.000]  I can assure you somebody else comes and asks for her records,
[01:43:36.000 --> 01:43:39.000]  she's not going to get that kind of garbage.
[01:43:39.000 --> 01:43:41.000]  I'll be right back.
[01:43:41.000 --> 01:43:43.000]  That's what she's going to say.
[01:43:43.000 --> 01:43:50.000]  We just have to hold her feet to the fire or they'll do whatever they want to.
[01:43:50.000 --> 01:43:51.000]  Hang on, Betty.
[01:43:51.000 --> 01:43:53.000]  Randy Kelton, Steve Skidmore.
[01:43:53.000 --> 01:43:57.000]  Radio, our call-in number, 512-646-1984.
[01:43:57.000 --> 01:43:59.000]  We'll be right back.
[01:43:59.000 --> 01:44:03.000]  You feel tired when talking about important topics like money and politics?
[01:44:03.000 --> 01:44:04.000]  Sorry.
[01:44:04.000 --> 01:44:07.000]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.000 --> 01:44:08.000]  What?
[01:44:08.000 --> 01:44:12.000]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.000 --> 01:44:16.000]  Hi, my name is Steve Holt, and like millions of other Americans,
[01:44:16.000 --> 01:44:19.000]  I was diagnosed with stupidity at an early age.
[01:44:19.000 --> 01:44:22.000]  I had no idea that the number one cause of the disease
[01:44:22.000 --> 01:44:25.000]  is found in almost every home in America, the television.
[01:44:25.000 --> 01:44:29.000]  Unfortunately, that puts most Americans at risk of catching stupidity,
[01:44:29.000 --> 01:44:30.000]  but there is hope.
[01:44:30.000 --> 01:44:32.000]  The staff at Brave New Books have helped me
[01:44:32.000 --> 01:44:36.000]  and thousands of other Foxaholics suffering from sports-zombieism recover.
[01:44:36.000 --> 01:44:38.000]  And because of Brave New Books, I now enjoy reading
[01:44:38.000 --> 01:44:43.000]  and watching educational documentaries without feeling tired or uninterested.
[01:44:43.000 --> 01:44:46.000]  So if you or anybody you know suffers from stupidity,
[01:44:46.000 --> 01:44:50.000]  then you need to call 512-480-2503
[01:44:50.000 --> 01:44:54.000]  or visit them at 1904 Guadalupe or bravenewbookstore.com.
[01:44:54.000 --> 01:44:56.000]  Side effects from using Brave New Books products
[01:44:56.000 --> 01:44:58.000]  may include discernment and enlarged vocabulary
[01:44:58.000 --> 01:45:00.000]  and an overall increase in mental functioning.
[01:45:00.000 --> 01:45:04.000]  Are you the plaintiff or defendant in a lawsuit?
[01:45:04.000 --> 01:45:07.000]  Win your case without an attorney with Jurisdictionary.
[01:45:07.000 --> 01:45:11.000]  The affordable, easy-to-understand, 4-CD course
[01:45:11.000 --> 01:45:15.000]  that will show you how in 24 hours, step-by-step.
[01:45:15.000 --> 01:45:19.000]  If you have a lawyer, know what your lawyer should be doing.
[01:45:19.000 --> 01:45:23.000]  If you don't have a lawyer, know what you should do for yourself.
[01:45:23.000 --> 01:45:28.000]  Thousands have won with our step-by-step course, and now you can too.
[01:45:28.000 --> 01:45:31.000]  Jurisdictionary was created by a licensed attorney
[01:45:31.000 --> 01:45:34.000]  with 22 years of case-winning experience.
[01:45:34.000 --> 01:45:39.000]  Even if you're not in a lawsuit, you can learn what everyone should understand
[01:45:39.000 --> 01:45:43.000]  about the principles and practices that control our American courts.
[01:45:43.000 --> 01:45:47.000]  You'll receive our audio classroom, video seminar, tutorials,
[01:45:47.000 --> 01:45:52.000]  forms for civil cases, pro se tactics, and much more.
[01:45:52.000 --> 01:45:56.000]  Please visit ruleoflawradio.com and click on the banner
[01:45:56.000 --> 01:46:20.000]  or call toll-free, 866-LAW-EZ.
[01:46:20.000 --> 01:46:21.000]  Okay, we are back.
[01:46:21.000 --> 01:46:23.000]  Randy Kelton, Steve Skidmore with Rule of Law Radio.
[01:46:23.000 --> 01:46:26.000]  And Betty, I'm sorry, we are out of time.
[01:46:26.000 --> 01:46:30.000]  I've got two more callers, one of which has to give me a report
[01:46:30.000 --> 01:46:34.000]  on what happened in his motion to disqualify a judge today.
[01:46:34.000 --> 01:46:37.000]  Can you call back in next Thursday if you have more questions?
[01:46:37.000 --> 01:46:38.000]  I will.
[01:46:38.000 --> 01:46:40.000]  Thank you so much for your time.
[01:46:40.000 --> 01:46:41.000]  I appreciate you and Steve.
[01:46:41.000 --> 01:46:42.000]  Thanks.
[01:46:42.000 --> 01:46:44.000]  Thank you, Betty.
[01:46:44.000 --> 01:46:47.000]  Okay, Larry, I'm going to do...
[01:46:47.000 --> 01:46:49.000]  I know you called in before Mike,
[01:46:49.000 --> 01:46:53.000]  but I'm going to take a quick report from Mike and then I'll come right back to you.
[01:46:53.000 --> 01:46:57.000]  Okay, Mike, what happened?
[01:46:57.000 --> 01:47:00.000]  Already, it was interesting.
[01:47:00.000 --> 01:47:02.000]  I tell you what, it's never...
[01:47:02.000 --> 01:47:03.000]  Okay, hold on.
[01:47:03.000 --> 01:47:06.000]  Mike went to a hearing today to disqualify a judge.
[01:47:06.000 --> 01:47:10.000]  He's been suing the city and the county for a long time
[01:47:10.000 --> 01:47:12.000]  and kicking their behinds,
[01:47:12.000 --> 01:47:15.000]  and today he went in for this disqualification hearing.
[01:47:15.000 --> 01:47:17.000]  Okay, go ahead, Mike.
[01:47:17.000 --> 01:47:21.000]  Okay, probably to summarize it in the beginning
[01:47:21.000 --> 01:47:25.000]  to maybe spoil a little bit of the story,
[01:47:25.000 --> 01:47:31.000]  I'm probably going to end up having to disqualify the disqualifying judge.
[01:47:31.000 --> 01:47:37.000]  He refused to enter the proper cause number in the record.
[01:47:37.000 --> 01:47:43.000]  He refused to have the court reporter read back the cause number
[01:47:43.000 --> 01:47:47.000]  so he could verify that it was a proper cause number.
[01:47:47.000 --> 01:47:50.000]  He had a pre-signed order.
[01:47:50.000 --> 01:47:53.000]  Before we even got started, he had the order already set
[01:47:53.000 --> 01:47:58.000]  so it shows that he had really no intention of even listening to anything.
[01:47:58.000 --> 01:48:03.000]  Yeah, he already had his mind made up.
[01:48:03.000 --> 01:48:04.000]  They came up.
[01:48:04.000 --> 01:48:09.000]  We discussed how the county attorney had provided...
[01:48:09.000 --> 01:48:13.000]  They had ex parte communication with the judge,
[01:48:13.000 --> 01:48:18.000]  open court last time in July 1st,
[01:48:18.000 --> 01:48:22.000]  and provided the judge a computer disk and provided it to me.
[01:48:22.000 --> 01:48:23.000]  I had no idea what was on there.
[01:48:23.000 --> 01:48:24.000]  We didn't play it.
[01:48:24.000 --> 01:48:27.000]  I had no idea what was provided.
[01:48:27.000 --> 01:48:29.000]  The county attorney confessed to it
[01:48:29.000 --> 01:48:33.000]  and then later changed his opinion after the judge questioned him on it,
[01:48:33.000 --> 01:48:35.000]  and then even the judge said,
[01:48:35.000 --> 01:48:39.000]  he said that you gave it to the judge and it was ex parte,
[01:48:39.000 --> 01:48:42.000]  and now you're saying you gave it to the plaintiff,
[01:48:42.000 --> 01:48:45.000]  and so he just accepted that nonsense.
[01:48:45.000 --> 01:48:49.000]  I mean, a complete perjured statement,
[01:48:49.000 --> 01:48:54.000]  which wasn't the only one in the hearing made by the county attorney.
[01:48:54.000 --> 01:48:58.000]  He refused to accept any evidence regarding any violations
[01:48:58.000 --> 01:49:02.000]  of the Texas Code of Criminal Procedure or Texas Penal Code,
[01:49:02.000 --> 01:49:06.000]  which he's required to, so part of the state.
[01:49:06.000 --> 01:49:10.000]  He also...
[01:49:10.000 --> 01:49:14.000]  Well, now, Mike, I've got to break in here.
[01:49:14.000 --> 01:49:18.000]  Case law and statute is not evidence.
[01:49:18.000 --> 01:49:20.000]  Okay.
[01:49:20.000 --> 01:49:25.000]  You would request that the court take judicial notice of a statute
[01:49:25.000 --> 01:49:29.000]  or the opinion of an appellate or Supreme Court,
[01:49:29.000 --> 01:49:33.000]  but you're not going to try to get that in as evidence.
[01:49:33.000 --> 01:49:36.000]  That's not what... That wasn't the evidence.
[01:49:36.000 --> 01:49:40.000]  In the hearing in July,
[01:49:40.000 --> 01:49:45.000]  the county attorney confessed that they had destroyed the audio-video record
[01:49:45.000 --> 01:49:48.000]  in open court, which is contrary to the statute saying
[01:49:48.000 --> 01:49:53.000]  they must preserve it until all legal proceedings have ended,
[01:49:53.000 --> 01:50:02.000]  and so this judge would not allow any information being presented to him
[01:50:02.000 --> 01:50:07.000]  regarding any criminal acts made by the county attorney.
[01:50:07.000 --> 01:50:12.000]  You might invoke the name Ken Anderson.
[01:50:12.000 --> 01:50:17.000]  Yeah, that Michael Mortenson act came up, too.
[01:50:17.000 --> 01:50:26.000]  So he also... One of the interesting things was he asked...
[01:50:26.000 --> 01:50:30.000]  You know, we had brought up the fact that there is no...
[01:50:30.000 --> 01:50:33.000]  They hadn't provided the transcript, and he said that I must...
[01:50:33.000 --> 01:50:35.000]  Wait, wait. Hold on, Mike.
[01:50:35.000 --> 01:50:38.000]  I've got somebody that's been waiting for two or three hours to get on.
[01:50:38.000 --> 01:50:42.000]  That's fine. I'll get back. Yeah, I'll lend this.
[01:50:42.000 --> 01:50:45.000]  Yeah, call us back next Thursday.
[01:50:45.000 --> 01:50:48.000]  I'd like to go over this in detail.
[01:50:48.000 --> 01:50:51.000]  Oh, sure. It was just a long procession of, I thought,
[01:50:51.000 --> 01:50:54.000]  very frustratingly extreme violations,
[01:50:54.000 --> 01:50:57.000]  and he already had the order ready to go prior to that,
[01:50:57.000 --> 01:51:02.000]  and the county attorney looked like he had just swallowed the cat goldfish
[01:51:02.000 --> 01:51:04.000]  out of the cat goldfish bowl.
[01:51:04.000 --> 01:51:07.000]  So at the end of the day, he was not disqualified
[01:51:07.000 --> 01:51:10.000]  or he refused to disqualify or recuse himself.
[01:51:10.000 --> 01:51:12.000]  Is that correct?
[01:51:12.000 --> 01:51:17.000]  At the end of the day, he refused to disqualify the other judge,
[01:51:17.000 --> 01:51:20.000]  so I may have to disqualify this disqualifying judge
[01:51:20.000 --> 01:51:22.000]  because he was a visiting judge
[01:51:22.000 --> 01:51:25.000]  and we did not take an oath of office prior to...
[01:51:25.000 --> 01:51:28.000]  Right. Right.
[01:51:28.000 --> 01:51:30.000]  I'm sorry for taking so much time.
[01:51:30.000 --> 01:51:32.000]  Okay.
[01:51:32.000 --> 01:51:35.000]  Thanks a lot, Mike, and I'm sorry I have to cut you short,
[01:51:35.000 --> 01:51:37.000]  but Larry's been waiting a long time.
[01:51:37.000 --> 01:51:39.000]  Oh, yeah. I appreciate it.
[01:51:39.000 --> 01:51:41.000]  Thank you very much, Randy.
[01:51:41.000 --> 01:51:43.000]  Okay. Thank you, Mike.
[01:51:43.000 --> 01:51:45.000]  Okay, now we're going to Larry in Arizona,
[01:51:45.000 --> 01:51:49.000]  and Larry, I'm sorry to hold you up so long.
[01:51:49.000 --> 01:51:51.000]  Yeah, not a problem.
[01:51:51.000 --> 01:51:56.000]  I just got involved in a mortgage foreclosure,
[01:51:56.000 --> 01:51:59.000]  and I'm trying to figure out what the basics are
[01:51:59.000 --> 01:52:03.000]  to get started on figuring this out.
[01:52:03.000 --> 01:52:10.000]  That was exactly the right question.
[01:52:10.000 --> 01:52:16.000]  One of the first things you can do is go to freemortgagehelp.net,
[01:52:16.000 --> 01:52:24.000]  and that site is designed to kind of walk you through some of the basics.
[01:52:24.000 --> 01:52:28.000]  But what is the condition of your mortgage?
[01:52:28.000 --> 01:52:34.000]  Is the foreclosure just beginning or is it in process, completed?
[01:52:34.000 --> 01:52:35.000]  What's the condition?
[01:52:35.000 --> 01:52:42.000]  A friend of mine, they're down two payments now.
[01:52:42.000 --> 01:52:44.000]  I've listened to you guys enough.
[01:52:44.000 --> 01:52:48.000]  I went in and checked the county records.
[01:52:48.000 --> 01:52:52.000]  The original lender is recorded.
[01:52:52.000 --> 01:52:56.000]  The current lender is not recorded.
[01:52:56.000 --> 01:52:58.000]  Imagine that.
[01:52:58.000 --> 01:53:01.000]  Yeah, just from listening to you guys,
[01:53:01.000 --> 01:53:04.000]  that was a no-brainer to go check on that one.
[01:53:04.000 --> 01:53:12.000]  Well, standing, the failure to step forward in the county records
[01:53:12.000 --> 01:53:16.000]  and tell the world that you're there as an interested party,
[01:53:16.000 --> 01:53:22.000]  that goes to standing, and standing is an element or a component, rather.
[01:53:22.000 --> 01:53:26.000]  Standing is a component to subject matter jurisdiction.
[01:53:26.000 --> 01:53:31.000]  You can file, amongst many other things,
[01:53:31.000 --> 01:53:39.000]  you can file a plea to the jurisdiction.
[01:53:39.000 --> 01:53:40.000]  Wait, wait, hold on.
[01:53:40.000 --> 01:53:44.000]  They're only two months behind.
[01:53:44.000 --> 01:53:48.000]  Okay, so there's nothing filed in court yet.
[01:53:48.000 --> 01:53:51.000]  You're still in pre-foreclosure.
[01:53:51.000 --> 01:53:54.000]  Okay, first thing you have your friends do
[01:53:54.000 --> 01:53:58.000]  is send a letter to whoever the servicer is,
[01:53:58.000 --> 01:54:01.000]  whoever the person demanding payment is,
[01:54:01.000 --> 01:54:04.000]  and request a loan modification.
[01:54:04.000 --> 01:54:11.000]  They have to offer a loan modification prior to foreclosure now as law.
[01:54:11.000 --> 01:54:16.000]  And that'll throw a cog in the works for a while.
[01:54:16.000 --> 01:54:18.000]  And if there's any way your people can,
[01:54:18.000 --> 01:54:20.000]  they might want to catch up on their payments
[01:54:20.000 --> 01:54:24.000]  and ensue the crapola out of these guys.
[01:54:24.000 --> 01:54:26.000]  But that would be the first thing I'd do,
[01:54:26.000 --> 01:54:31.000]  and that'll stop any attempt to initiate foreclosure.
[01:54:31.000 --> 01:54:32.000]  It won't stop it.
[01:54:32.000 --> 01:54:34.000]  It'll slow it down, though.
[01:54:34.000 --> 01:54:36.000]  It'll stop it for the time being.
[01:54:36.000 --> 01:54:39.000]  They can't dual track anymore.
[01:54:39.000 --> 01:54:40.000]  Right.
[01:54:40.000 --> 01:54:46.000]  So they can't run the foreclosure while they're in modification mediation.
[01:54:46.000 --> 01:54:48.000]  Well, they can't legally do it.
[01:54:48.000 --> 01:54:50.000]  They sometimes still do anyway.
[01:54:50.000 --> 01:54:51.000]  Yeah.
[01:54:51.000 --> 01:54:53.000]  Okay, that we have recourse for.
[01:54:53.000 --> 01:54:58.000]  Then have them go to that page, and right on the front page there,
[01:54:58.000 --> 01:55:05.000]  there's a bunch of letters, links to some letters they need to send out.
[01:55:05.000 --> 01:55:12.000]  And then that will get them started on setting up a bunch of claims they can make
[01:55:12.000 --> 01:55:19.000]  and give them a reference to this website, to this radio show
[01:55:19.000 --> 01:55:23.000]  so they can maybe call in and ask us a few questions,
[01:55:23.000 --> 01:55:27.000]  and we kind of give them the basics.
[01:55:27.000 --> 01:55:32.000]  We've got three minutes left, and we could probably spend eight hours on this.
[01:55:32.000 --> 01:55:40.000]  So best go to that site, and that will take you through some of the basics.
[01:55:40.000 --> 01:55:48.000]  And by next week, they should have some really interesting questions.
[01:55:48.000 --> 01:55:51.000]  Steve, do you have a recommendation?
[01:55:51.000 --> 01:55:55.000]  Competent evidence.
[01:55:55.000 --> 01:56:00.000]  Yeah, if you're going to sue these guys, you need some kind of cause of action.
[01:56:00.000 --> 01:56:05.000]  Your cause of action should be supported by something that you can put on the record of evidence.
[01:56:05.000 --> 01:56:07.000]  That evidence had better be competent.
[01:56:07.000 --> 01:56:13.000]  That means that your evidence must come from somebody that has a license,
[01:56:13.000 --> 01:56:15.000]  like a private investigator.
[01:56:15.000 --> 01:56:23.000]  Joe Esquivel, one of our co-hosts, he is a licensed private investigator.
[01:56:23.000 --> 01:56:26.000]  He works for Mortgage Compliance Investigators.
[01:56:26.000 --> 01:56:33.000]  You can go there, mortgagecomplianceinvestigators.com, and read more about what they do.
[01:56:33.000 --> 01:56:37.000]  You're going to have to pony up some money to get these guys to work for you,
[01:56:37.000 --> 01:56:46.000]  but they provide that this is the only company that I know of that has been successful
[01:56:46.000 --> 01:56:55.000]  in having their clients actually put something of substance on the record of evidence.
[01:56:55.000 --> 01:56:59.000]  That will sure throw a kink in your shorts, too.
[01:56:59.000 --> 01:57:07.000]  Send out those letters, your responses to the letters or lack of responses to the letters
[01:57:07.000 --> 01:57:10.000]  will also constitute competent evidence.
[01:57:10.000 --> 01:57:15.000]  Make sure you send everything certified return sheet.
[01:57:15.000 --> 01:57:17.000]  Absolutely.
[01:57:17.000 --> 01:57:21.000]  That will start this ball rolling for them.
[01:57:21.000 --> 01:57:23.000]  Don't talk to them on the phone.
[01:57:23.000 --> 01:57:27.000]  If you do talk to them on the phone, I don't know if Arizona is a two-party state,
[01:57:27.000 --> 01:57:32.000]  if you can record a conversation without notifying the other side that it's being recorded,
[01:57:32.000 --> 01:57:34.000]  you're in good shape.
[01:57:34.000 --> 01:57:39.000]  But if you're in a two-party state where you must declare or make known to the party
[01:57:39.000 --> 01:57:41.000]  that you're recording that you are actually recording,
[01:57:41.000 --> 01:57:45.000]  because they will not speak to you if they know that you're recording it.
[01:57:45.000 --> 01:57:52.000]  So don't tell them, record them anyway, make a transcript of the recording,
[01:57:52.000 --> 01:57:55.000]  and then destroy the recording.
[01:57:55.000 --> 01:57:57.000]  Okay.
[01:57:57.000 --> 01:58:00.000]  Making the recording doesn't cause the harm.
[01:58:00.000 --> 01:58:03.000]  Using the recording that you made causes the harm.
[01:58:03.000 --> 01:58:09.000]  If you use the recording to refresh your memory and convert it to a transcript,
[01:58:09.000 --> 01:58:12.000]  now they've got a problem.
[01:58:12.000 --> 01:58:14.000]  We have a problem.
[01:58:14.000 --> 01:58:17.000]  Or you can refuse to speak with them over the telephone
[01:58:17.000 --> 01:58:21.000]  and insist that all communications be in writing.
[01:58:21.000 --> 01:58:23.000]  Yes, because every word they...
[01:58:23.000 --> 01:58:27.000]  If they say a word, it's a lie.
[01:58:27.000 --> 01:58:30.000]  You pretty much bet that.
[01:58:30.000 --> 01:58:32.000]  We are out of time.
[01:58:32.000 --> 01:58:33.000]  Give us a call next week.
[01:58:33.000 --> 01:58:35.000]  We'll be back Thursday and Friday.
[01:58:35.000 --> 01:58:38.000]  Randy Kelton, Steve Skidmore, Rule of Law Radio.
[01:58:38.000 --> 01:58:41.000]  Thank you all for listening, and good night.
[01:58:41.000 --> 01:58:44.000]  Bibles for America is offering absolutely free
[01:58:44.000 --> 01:58:48.000]  a unique study Bible called the New Testament Recovery Version.
[01:58:48.000 --> 01:58:52.000]  The New Testament Recovery Version has over 9,000 footnotes
[01:58:52.000 --> 01:58:55.000]  that explain what the Bible says verse by verse,
[01:58:55.000 --> 01:58:59.000]  helping you to know God and to know the meaning of life.
[01:58:59.000 --> 01:59:02.000]  Order your free copy today from Bibles for America.
[01:59:02.000 --> 01:59:11.000]  Call us toll-free at 888-551-0102, or visit us online at bfa.org.
[01:59:11.000 --> 01:59:13.000]  This translation is highly accurate,
[01:59:13.000 --> 01:59:16.000]  and it comes with over 13,000 cross-references,
[01:59:16.000 --> 01:59:20.000]  plus charts and maps and an outline for every book of the Bible.
[01:59:20.000 --> 01:59:23.000]  This is truly a Bible you can understand,
[01:59:23.000 --> 01:59:27.000]  and you can read about it in the New Testament Recovery Version.
[01:59:27.000 --> 01:59:32.000]  To get your free copy of the New Testament Recovery Version,
[01:59:32.000 --> 01:59:37.000]  call us toll-free at 888-551-0102.
[01:59:37.000 --> 01:59:44.000]  That's 888-551-0102, or visit us online at bfa.org.
[01:59:44.000 --> 01:59:47.000]  Looking for some truth?
[01:59:47.000 --> 01:59:49.000]  You found it.
[01:59:49.000 --> 01:59:52.000]  LogosRadioNetwork.com