ROL_2014-08-08_16k_Hr3-4.timecode

[00:00.000 --> 00:08.000]  This is the Liberty Beat, your daily source for Liberty News and activist updates.
[00:08.000 --> 00:10.000]  Online at thelibertybeat.com.
[00:10.000 --> 00:15.000]  I'm Brian Hagan with your Liberty Beat for Friday, August 8th, 2014.
[00:15.000 --> 00:18.000]  Gold opened today at $1,307.
[00:18.000 --> 00:20.000]  Silver opened at $19.84.
[00:20.000 --> 00:24.000]  And Bitcoin is trading around $588.30.
[00:24.000 --> 00:28.000]  Support for the Liberty Beat comes from Roberts & Roberts Brokerage, Inc.
[00:28.000 --> 00:31.000]  Specializing in precious metals since 1977.
[00:31.000 --> 00:38.000]  Online at rrbi.co or by phone at 800-874-9760.
[00:38.000 --> 00:45.000]  In the news, the Austin City Council has approved a $1.25 million settlement for the family of Larry Eugene Jackson,
[00:45.000 --> 00:50.000]  the African American man killed last year by Austin police detective Charles Kleinart.
[00:50.000 --> 00:57.000]  Larry Eugene was unarmed and chased down by Detective Kleinart after approaching a bag where police were investigating an attempted robbery.
[00:57.000 --> 01:02.000]  Larry left the scene after police began questioning him and a chase ensued.
[01:02.000 --> 01:06.000]  Larry was never lawfully detained and was not a suspect in the bank incident.
[01:06.000 --> 01:12.000]  The council voted 6-1 for the settlement with only Mayor Lee Levingwell casting a no vote.
[01:12.000 --> 01:22.000]  According to the Austin American statesman, Thursday's settlement was the largest of its kind in Austin history.
[01:22.000 --> 01:25.000]  On Saturday, tomorrow at Brave New Books in Austin.
[01:25.000 --> 01:32.000]  Join the Alliance of Austin Agarists as they host Catherine Bleich, Justin and Jessica Armon, and Tracy Ward,
[01:32.000 --> 01:38.000]  four Central Texas residents who have had relative success enterprising in agarist ventures.
[01:38.000 --> 01:44.000]  Join the community from 6-10 o'clock for an open discussion on what it takes to find freedom.
[01:44.000 --> 01:50.000]  The event will also feature an agarist farmers market.
[01:50.000 --> 01:58.000]  The Central Texas Healthy Mothers Healthy Babies Coalition will host a screening of the Milky Way movie tomorrow,
[01:58.000 --> 02:03.000]  Saturday, August 9, at the Alamo Drafthouse located on Slaughter Lane.
[02:03.000 --> 02:07.000]  The movie is all about breastfeeding culture and breastfeeding history in the United States.
[02:07.000 --> 02:15.000]  The screening will be followed by a panel discussion and an opportunity to ask questions about the movie and breastfeeding in general.
[02:15.000 --> 02:19.000]  Tickets include lunch and can be purchased on drafthouse.com.
[02:19.000 --> 02:22.000]  The screening begins at 1 p.m. Children are welcome to attend.
[02:22.000 --> 02:25.000]  To learn more, visit keepaustinbreastfeeding.org.
[02:25.000 --> 02:30.000]  Support for Liberty Week comes from Brave New Books, your local source for all things Bitcoin.
[02:30.000 --> 02:37.000]  Now hosting a Bitcoin ATM located in Austin, Texas at 1904 Guadalupe Street or online, bravenewbookstore.com.
[02:37.000 --> 02:43.000]  And support comes from the notorious activist Michael Cargill, who has a new show called Come and Talk It,
[02:43.000 --> 02:47.000]  live Sunday afternoons at 4 o'clock on 1370 a.m. in Austin.
[02:47.000 --> 02:50.000]  That's 1370 a.m. Sundays at 4.
[02:50.000 --> 02:54.000]  This is the Liberty Week for Friday, August 8, 2014.
[02:54.000 --> 03:17.000]  Check out the website at thelibertybeat.com.
[03:17.000 --> 03:28.000]  I received my remedy today. Game in the box, just like they say, I accept it for value right away.
[03:28.000 --> 03:39.000]  It's not sooner, not later. We are originators and the pathway seems to get straighter every day.
[03:39.000 --> 03:54.000]  And I can take anything that belongs to me and put it to good use. While I was good for the gander, I'm going to work for the good.
[03:54.000 --> 04:05.000]  I know some architects. I know some engineers. They've seen the evidence.
[04:05.000 --> 04:15.000]  They know certain things, Queen. What's up with the blatant deception? What is the nature of what you might gain?
[04:15.000 --> 04:23.000]  I see something headed straight for you. I think it looks just like a train.
[04:23.000 --> 04:47.000]  It sounds like a sham of something. I can see them playing fast and loose. While I was good for the gander, I'm going to work for the good.
[04:47.000 --> 04:57.000]  Welcome back to Rule of Law, folks. Sorry it took so long to come back in. We're having some technical issues with something technical.
[04:57.000 --> 05:02.000]  I don't know. I just sit on this side of the microphone and talk when it's my turn.
[05:02.000 --> 05:10.000]  So let's go back to calls. Darlene in Florida. Yes, ma'am. Can you start from scratch?
[05:10.000 --> 05:20.000]  You just barely got rolling when we brought you on first time. I'd like to thank you for waiting so long and letting James cut in.
[05:20.000 --> 05:30.000]  He did have to go at 10 o'clock. James is a pretty sharp guy. He can go way over your head real quick.
[05:30.000 --> 05:40.000]  Yeah, really. I mean, but he does have important information there. Oh, he's got it down pat. Yeah.
[05:40.000 --> 05:51.000]  James is probably one of them. I mean, he speaks very technically and you've got to go back and listen to the archives when James comes on as a caller.
[05:51.000 --> 06:00.000]  You got to pay very close attention to the language he uses because he's getting it straight from the statutes.
[06:00.000 --> 06:08.000]  And the importance is in the application of the language in this strictly.
[06:08.000 --> 06:21.000]  So I'm sorry, but Darlene, can you start from scratch there and bring everybody up to speed? If anyone is considering to make an application for the loan modification,
[06:21.000 --> 06:30.000]  and they know that when they got the original loan that it was a stated income, which meant they did not have to give any kind of financials.
[06:30.000 --> 06:38.000]  They just stated what their income was. A lot of these mortgage brokers, they knew that there was nothing that would be verified.
[06:38.000 --> 06:50.000]  So they would go in and without the applicant knowing it, they would increase their actual income so that those loans would go through and the mortgage broker would make this money.
[06:50.000 --> 07:02.000]  That right there is what set them up for default from the very beginning. Exactly. Exactly. It was the greed of the mortgage brokers wanting to make this money.
[07:02.000 --> 07:12.000]  But now that you want to do the loan modification, you have to keep in mind whatever the years were that you put on that application.
[07:12.000 --> 07:24.000]  This was my income. When you go back and you have to give them financials, you do not want to give them any information of those years that were used to get that loan.
[07:24.000 --> 07:37.000]  Because if they get them in and they see that your income was actually $45,000, but your application said $75,000, it's going to get turned over to prosecute you for mortgage fraud.
[07:37.000 --> 07:46.000]  Don't put that back on you and claim you did it. Yes. Even though it could have been done by the mortgage broker.
[07:46.000 --> 07:54.000]  Okay. That leads to an underlying question. How do you prove they did it and you didn't?
[07:54.000 --> 08:08.000]  You don't. The problem is it still falls back on you, even though I actually got a mortgage broker's license revoked from Florida because I saw the actual loan application,
[08:08.000 --> 08:16.000]  but then I saw what was put before the people at closing, which she almost doubled what their income was.
[08:16.000 --> 08:27.000]  I submitted that information to the state of Florida and her mortgage license was revoked, but it doesn't do anything for the people that lost the house.
[08:27.000 --> 08:44.000]  This is true. You can be guaranteed that nobody will lose a house because of his paperwork from that point forward from the time he got his license revoked forward.
[08:44.000 --> 08:55.000]  Right. But I just thought that that would be important for people to know because it was kind of a trick that they were doing to get people,
[08:55.000 --> 09:04.000]  like you said, a lot of these mortgage modifications don't go through and it's like a trick for them to get people to give them this information now
[09:04.000 --> 09:14.000]  and they could turn it over to the federal government for mortgage fraud. That's an interesting concept.
[09:14.000 --> 09:26.000]  What part of the federal government would you tell about this? FDIC? I would imagine it would be the FDIC,
[09:26.000 --> 09:35.000]  but the problem is they're also knowing that the banks would be doing this and then turning that over to the federal government.
[09:35.000 --> 09:43.000]  Because if the federal government could prosecute you on mortgage fraud, then they would be going after us,
[09:43.000 --> 09:53.000]  little people unbeknownst to what happened, and go after them and want to bring a lawsuit against them or we'll settle so you pay this.
[09:53.000 --> 10:01.000]  So no matter what, it's the person that didn't even know what was going on that's going to get hurt.
[10:01.000 --> 10:07.000]  Yeah. Well, let's do a cost-benefit analysis on this from the position of the banks.
[10:07.000 --> 10:19.000]  How many people can they get one over on versus how many of those will actually put up a fight?
[10:19.000 --> 10:34.000]  That percentage is minuscule. Now, those that put up a fight, how many of those will put up a good fight, a lengthy fight, a costly fight?
[10:34.000 --> 10:45.000]  The percentage goes down even further. We're talking about maybe one one hundredth of one percent, if that.
[10:45.000 --> 11:00.000]  Right. So what they've made versus what they've lost. I mean, Chase, I think last year or a year before Chase was quoted as saying they spent like four billion dollars or nine billion dollars.
[11:00.000 --> 11:21.000]  I can't remember that it was in the billions on legal fees, lawyers fees. Good. Good. Let's see if we can double that next year and double that the following.
[11:21.000 --> 11:33.000]  Yeah. Honestly, we all start getting in the fight. Then, you know, even the judges will take notice and know something's not right here.
[11:33.000 --> 11:48.000]  It's either that or they will prove beyond a doubt that the courts are complacent and that's going to lead to something nasty.
[11:48.000 --> 12:00.000]  If there's anything, if there's anything at all that I fear out of out of fighting the banks is that this country might go to another bloody revolution.
[12:00.000 --> 12:06.000]  We can't do that, folks. History tells us that blood leads to blood leads to blood leads to blood.
[12:06.000 --> 12:16.000]  OK, if there's a revolution on the way, great. This one's going to have to be a revolution of the mind and spirit.
[12:16.000 --> 12:23.000]  We're seeing some results from the courts. We're we're hearing of more wins for homeowners.
[12:23.000 --> 12:36.000]  This is a good sign. This is a good sign. When I said double it, it feels like we're getting there.
[12:36.000 --> 12:48.000]  Well, the whole thing is if there's wins for the borrowers, there's precedent that's set because every time I go into court, I mean, I have the judge.
[12:48.000 --> 12:56.000]  Oh, well, do you have something from the appellate court? Well, I'll bring statements in because New York is really fighting this.
[12:56.000 --> 13:01.000]  Then he'll say, well, this is Florida. I don't care what New York is doing. Well, that's not right.
[13:01.000 --> 13:10.000]  I mean, if the Supreme Court in New York is bringing down decisions, I don't care what state it is. You should be looking at it.
[13:10.000 --> 13:19.000]  Do you have an issue of first impression? Yeah, yeah. You do? Yeah, yeah. OK, OK.
[13:19.000 --> 13:27.000]  Well, I think, honestly, guess what? It's your turn to set that precedent.
[13:27.000 --> 13:34.000]  Sure. Well, they just look at us homeowners as deadbeats instead of looking at, wait a minute, this is a fraud.
[13:34.000 --> 13:43.000]  These documents are a fraud. You can't even get to second base with the judge. He's like he doesn't care.
[13:43.000 --> 13:51.000]  Which judge? What level of court are we talking about? I'm in the trial court. OK. Florida.
[13:51.000 --> 14:04.000]  Then OK. Then don't expect to get traction in trial court. The trial court is there only for you to leave a footprint on your way to the appellate court.
[14:04.000 --> 14:19.000]  Period. That's it. Hang on just a second. In Florida, are you in a court of record? Is the trial court in your case a court of record?
[14:19.000 --> 14:29.000]  Yes. OK. Now you have something to take to the appeal. When you go to appeal, you'll probably be required.
[14:29.000 --> 14:40.000]  You're required in most states to provide a transcript of the proceeding. Right. OK. That's what the appeals all about.
[14:40.000 --> 14:45.000]  You're not entering any new evidence. You've already put your evidence on the record.
[14:45.000 --> 14:53.000]  That's where you are going to either win or lose your appeal.
[14:53.000 --> 15:11.000]  If you are successful in entering everything that you want and objecting to the judge not accepting your evidence or a piece of evidence,
[15:11.000 --> 15:20.000]  if you don't get that on the record, then the appellate court never sees it. Right.
[15:20.000 --> 15:29.000]  Well, I've got a situation now where I've been trying to get an evidentiary hearing because if there's fraud, it's a requirement.
[15:29.000 --> 15:38.000]  And the judge, I actually got emails back from the clerk that told me the judge won't let you, he won't set your hearing.
[15:38.000 --> 15:46.000]  He said, you know, you can just bring it up at one of the other issues that while we've got one coming up now on Wednesday,
[15:46.000 --> 15:54.000]  that's basically their motion is for the judge to give them issue certificate of title on the property.
[15:54.000 --> 16:07.000]  Now, I needed- Wait a minute. Before we go, before we get too far about I want to revisit what you said about the judge or the court won't set the hearing.
[16:07.000 --> 16:13.000]  Right. What duty does the court have set the hearing?
[16:13.000 --> 16:18.000]  I mean, I have a right to have a- I understand. We're not talking about your rights.
[16:18.000 --> 16:25.000]  We're talking about setting a hearing for a motion, correct? And you're saying the court won't do that.
[16:25.000 --> 16:29.000]  No, the judge has refused. Have you filed a fiat?
[16:29.000 --> 16:34.000]  Not her email. I'm sorry? Have you filed a fiat?
[16:34.000 --> 16:45.000]  No. Okay. When we come back from this break, I'll read, find legal definition for fiat and I'll read it to you.
[16:45.000 --> 16:53.000]  Okay. That makes some sense. 512-646-1984, folks, if you want to join us in conversation, you're welcome to.
[16:53.000 --> 17:00.000]  We'll be right back after this break. Stay tuned.
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[19:12.000 --> 19:15.000]  Well, don't let nothing get to you.
[19:15.000 --> 19:18.000]  Or the father can't deliver you.
[19:18.000 --> 19:21.000]  Don't let bad-minded people hurt you.
[19:21.000 --> 19:24.000]  Until they can get behind you.
[19:24.000 --> 19:30.000]  Norman, my friend, and all of your children, come on.
[19:54.000 --> 19:58.000]  He's everything. He's everything to me, that's why I call him.
[19:58.000 --> 20:01.000]  I tap my knee and I pray to him.
[20:01.000 --> 20:04.000]  Because he's the only one who could answer, you know.
[20:04.000 --> 20:07.000]  It's been a business what we keep man saying.
[20:07.000 --> 20:10.000]  Man can't, you know, easily do anything.
[20:10.000 --> 20:13.000]  Trust in God, my friend.
[20:13.000 --> 20:16.000]  Tell him you're probably insane.
[20:16.000 --> 20:19.000]  And his name once again.
[20:19.000 --> 20:22.000]  Let me tell you, you know, he will be.
[20:22.000 --> 20:25.000]  Trust in God, my friend.
[20:25.000 --> 20:28.000]  Tell him you're probably insane.
[20:28.000 --> 20:30.000]  And his name once again.
[20:30.000 --> 20:32.000]  Welcome back to Rule of Law, folks.
[20:32.000 --> 20:34.000]  512-646-1984.
[20:34.000 --> 20:37.000]  You can get online or get in line.
[20:37.000 --> 20:40.000]  I said we've got a few more callers and we'll get to y'all.
[20:40.000 --> 20:42.000]  Just hang tight and don't disappear.
[20:42.000 --> 20:44.000]  We'll get to the calls.
[20:44.000 --> 20:46.000]  Darlene in Florida.
[20:46.000 --> 20:47.000]  Yes.
[20:47.000 --> 20:49.000]  Do you remember where you were?
[20:49.000 --> 20:51.000]  Because I don't, I apologize.
[20:51.000 --> 20:54.000]  I didn't take my note before we went to break.
[20:54.000 --> 20:55.000]  Fiat.
[20:55.000 --> 20:56.000]  Fiat.
[20:56.000 --> 20:57.000]  Yes.
[20:57.000 --> 20:58.000]  Yes.
[20:58.000 --> 20:59.000]  Fiat.
[20:59.000 --> 21:00.000]  Okay.
[21:00.000 --> 21:07.000]  That's what I was going to do was look that up and then things went haywire.
[21:07.000 --> 21:08.000]  Fiat.
[21:08.000 --> 21:09.000]  Yes.
[21:09.000 --> 21:13.000]  F-I-A-T.
[21:13.000 --> 21:15.000]  Fiat.
[21:15.000 --> 21:17.000]  Legal definition of fiat.
[21:17.000 --> 21:21.000]  The definition of fiat is cheap French car.
[21:21.000 --> 21:22.000]  Yeah.
[21:22.000 --> 21:30.000]  An old English practice or a short order or warrant of judge or magistrate directing some
[21:30.000 --> 21:41.000]  act to be done and authority issuing from some competent source for the doing of the
[21:41.000 --> 21:42.000]  same legal act.
[21:42.000 --> 21:48.000]  So you being a competent source having a dog in this hunt or rather your name on the
[21:48.000 --> 21:56.000]  documents before the court, that grants you the authority to set your hearing.
[21:56.000 --> 22:06.000]  So by issuing a fiat to the court, you're telling the court, basically I've checked
[22:06.000 --> 22:12.000]  with, without telling them, this is what's behind a fiat, so to speak, if that makes
[22:12.000 --> 22:15.000]  any sense at all.
[22:15.000 --> 22:16.000]  Okay.
[22:16.000 --> 22:19.000]  Here's what it does, what it is and what it does.
[22:19.000 --> 22:28.000]  A fiat is a suggestion, very strong suggestion to the court that the court sign the document
[22:28.000 --> 22:34.000]  thus setting the hearing on the motions set before the court.
[22:34.000 --> 22:39.000]  The fiat once signed, it's set.
[22:39.000 --> 22:42.000]  You ask for a day and a time.
[22:42.000 --> 22:49.000]  Prior to that, you will have gone to the clerk and found out your jury weeks, non-jury weeks.
[22:49.000 --> 22:56.000]  If you wish to have a jury trial, you would set your hearing or put one of those dates
[22:56.000 --> 23:01.000]  in your fiat and file that with the court.
[23:01.000 --> 23:06.000]  You call the court coordinator because the court coordinator, sometimes they call it
[23:06.000 --> 23:13.000]  the court clerk, will keep the calendar for the judges, generally like the judge's secretary
[23:13.000 --> 23:20.000]  and ask her what days the court has open and you want two days and then you contact the
[23:20.000 --> 23:26.000]  counsel on the other side and ask them which day would be better for them.
[23:26.000 --> 23:32.000]  If they object to both, then ask them to choose a day or you will set one of these.
[23:32.000 --> 23:35.000]  Then if they pick one, you set it.
[23:35.000 --> 23:40.000]  If they refuse to pick either one, you set one anyway and then let them file an objection
[23:40.000 --> 23:41.000]  with the court.
[23:41.000 --> 23:46.000]  You do that first so you're filing it on a day when the court would have time to hear
[23:46.000 --> 23:47.000]  it.
[23:47.000 --> 23:48.000]  Exactly.
[23:48.000 --> 23:51.000]  Still go before that same judge?
[23:51.000 --> 23:52.000]  Sure.
[23:52.000 --> 24:00.000]  You go to that judge and ask, you go to that, you call the judge's office and the judge's
[24:00.000 --> 24:07.000]  number and you will generally get the judge's clerk or coordinator or whatever they call
[24:07.000 --> 24:08.000]  you.
[24:08.000 --> 24:14.000]  You might call the county clerk or district clerk and ask who keeps the calendar for this
[24:14.000 --> 24:20.000]  judge and that will give you the person to call and call them and ask for two days.
[24:20.000 --> 24:27.000]  Generally judges set aside a day to have motion hearings and you just ask what day they have
[24:27.000 --> 24:31.000]  motion hearings and set for one of those.
[24:31.000 --> 24:38.000]  Well, because they have set on Wednesday is this motion for the certificate of title on
[24:38.000 --> 24:41.000]  my property and that's all he wants to hear.
[24:41.000 --> 24:48.000]  He just wants to get rid of it and that's why he did not want to set any one-hour hearing
[24:48.000 --> 24:53.000]  for me to bring up all the fraud.
[24:53.000 --> 24:57.000]  Then move to disqualify or move to recuse.
[24:57.000 --> 24:58.000]  The judge?
[24:58.000 --> 25:01.000]  Yes, for misfeasance in office.
[25:01.000 --> 25:05.000]  Does this court have jurisdiction over title issues?
[25:05.000 --> 25:08.000]  Good question.
[25:08.000 --> 25:12.000]  What is the nature of the hearing?
[25:12.000 --> 25:14.000]  The foreclosure.
[25:14.000 --> 25:20.000]  They already did a foreclosure sale and I had already filed my motion.
[25:20.000 --> 25:22.000]  Wait a minute, hold on, hold on.
[25:22.000 --> 25:25.000]  This is an unlawful detainer hearing?
[25:25.000 --> 25:27.000]  I'm sorry?
[25:27.000 --> 25:31.000]  Unlawful detainer, they're trying to take possession of the property?
[25:31.000 --> 25:33.000]  Yes.
[25:33.000 --> 25:36.000]  Okay, that's a different issue then.
[25:36.000 --> 25:39.000]  He can't hear your other issues.
[25:39.000 --> 25:47.000]  You would have to file in another court and ask for a restraining order.
[25:47.000 --> 25:57.000]  You cannot restrain this court, but you can restrain a plaintiff.
[25:57.000 --> 26:03.000]  So if you file your action in a court that can hear title issues,
[26:03.000 --> 26:06.000]  then that will almost certainly be a district court.
[26:06.000 --> 26:10.000]  Then you ask the district court for a restraining order against the
[26:10.000 --> 26:20.000]  plaintiff in this unlawful detainer hearing until your issue is adjudicated.
[26:20.000 --> 26:27.000]  If you ask the court for a restraining order for the other court,
[26:27.000 --> 26:31.000]  you won't get it because the court can't do that.
[26:31.000 --> 26:35.000]  Does that make sense?
[26:35.000 --> 26:38.000]  Well, no, I mean I figured that he should be...
[26:38.000 --> 26:40.000]  Let me explain so it makes more sense.
[26:40.000 --> 26:43.000]  The district court can hear title issues.
[26:43.000 --> 26:49.000]  The judge at the JP court or sometimes they have a special court like
[26:49.000 --> 26:55.000]  Massachusetts to hear unlawful detainer hearings.
[26:55.000 --> 26:58.000]  That's generally your lower level court.
[26:58.000 --> 27:03.000]  Yes, and that court will have exclusive jurisdiction.
[27:03.000 --> 27:09.000]  The higher court has no power to interfere with that judge's jurisdiction.
[27:09.000 --> 27:21.000]  So he cannot restrain that judge, but he can restrain the plaintiff from
[27:21.000 --> 27:28.000]  adjudicating the unlawful detainer hearing until your claim of agency
[27:28.000 --> 27:35.000]  standing capacity or whatever it is, your title issue is adjudicated.
[27:35.000 --> 27:38.000]  So you would have to ask him to restrain the plaintiff in the unlawful
[27:38.000 --> 27:40.000]  detainer hearing.
[27:40.000 --> 27:47.000]  Okay, and then with all my statement of facts that I sent over to you,
[27:47.000 --> 27:52.000]  do I take that and go file that in the trial court so that I've got that in
[27:52.000 --> 27:54.000]  there for the appellate court?
[27:54.000 --> 27:59.000]  Yes, you can attach that, just put the court heading on it and put statement
[27:59.000 --> 28:02.000]  of facts and have it verified.
[28:02.000 --> 28:09.000]  Put your affidavit information in there that you're over 18 and not under
[28:09.000 --> 28:15.000]  your credible person and you swear on them.
[28:15.000 --> 28:17.000]  A sound mind.
[28:17.000 --> 28:23.000]  Yeah, that all the facts are true and have it notarized or verified.
[28:23.000 --> 28:26.000]  You get that filed in and then you get all the facts in there.
[28:26.000 --> 28:32.000]  But that particular statement of facts has facts in it that don't go to issues.
[28:32.000 --> 28:38.000]  You need to go back and trim it down so that the facts go to the issues you
[28:38.000 --> 28:45.000]  bring, go directly to the issues you bring in before the court.
[28:45.000 --> 28:48.000]  But we're talking about for the appellate court.
[28:48.000 --> 28:51.000]  No, you can't put facts in the appellate court.
[28:51.000 --> 28:56.000]  If you've already been adjudicated, then your facts would have already had to
[28:56.000 --> 29:00.000]  have been in your trial court.
[29:00.000 --> 29:04.000]  Well, we've still had issues going here, so it wasn't finalized.
[29:04.000 --> 29:11.000]  I mean, I objected when they did this hearing and did the sale.
[29:11.000 --> 29:15.000]  There were many issues that shouldn't have gone forward with the sale,
[29:15.000 --> 29:18.000]  so there's already been hearings that have happened since they did that
[29:18.000 --> 29:20.000]  actual sale.
[29:20.000 --> 29:22.000]  Okay, that doesn't help much.
[29:22.000 --> 29:29.000]  They did the sale, and now the unlawful detainee court has jurisdiction.
[29:29.000 --> 29:34.000]  Now you have to, if there were things that were done wrong...
[29:34.000 --> 29:36.000]  Okay, this is Florida.
[29:36.000 --> 29:44.000]  You had to have had a case where the judge authorized them to do the sale.
[29:44.000 --> 29:46.000]  Correct.
[29:46.000 --> 29:52.000]  Okay, hang on.
[29:52.000 --> 30:03.000]  We'll be right back on the other side.
[30:03.000 --> 30:07.000]  Once, marketers wanted to know all about you, but now they want to know all
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[33:28.000 --> 33:33.000]  The Texas Transportation Code
[33:58.000 --> 34:01.000]  Please stop trying to pull the wool over my eye
[34:01.000 --> 34:03.000]  This seems like despair
[34:03.000 --> 34:06.000]  But please take some words to the wise
[34:06.000 --> 34:13.000]  Please stop trying to pull the wool over my eye
[34:13.000 --> 34:15.000]  Welcome back to Rule of Law Radio, folks.
[34:15.000 --> 34:19.000]  Darlene, we kind of need to get to the point here dear,
[34:19.000 --> 34:23.000]  because we've got several other callers we need to get to.
[34:23.000 --> 34:30.000]  Yeah, I don't mean to be, I don't mean to rush you, but...
[34:30.000 --> 34:37.000]  No, basically you said that just go to the district court to get a restraining order filed against the plaintiff.
[34:37.000 --> 34:39.000]  Temporary restraining order.
[34:39.000 --> 34:48.000]  Now, when you go in for your temporary restraining order, be aware that, well, at least here in the state of Texas,
[34:48.000 --> 35:00.000]  it may be a little different there in Florida, but here in Texas, when you file a temporary restraining order in this nature,
[35:00.000 --> 35:07.000]  that, once you get your temporary restraining order, that's only good for 14 days.
[35:07.000 --> 35:19.000]  Within that 14 days, you should be going to the district court, your higher court, and filing a temporary or preliminary injunction.
[35:19.000 --> 35:30.000]  And in your preliminary or temporary injunction, whichever, however you choose to title your plea,
[35:30.000 --> 35:38.000]  you have got to show the court good cause for the injunction.
[35:38.000 --> 35:46.000]  You don't have to prove your point. You just have to show the court that you have a point that needs to be proven.
[35:46.000 --> 35:48.000]  Did that make sense?
[35:48.000 --> 35:49.000]  Right, right.
[35:49.000 --> 36:00.000]  Okay, you've got to have a good cause of action or affirmative defense, and you've got to plead it out specifically.
[36:00.000 --> 36:07.000]  Leave no room for doubt anywhere.
[36:07.000 --> 36:09.000]  Okay.
[36:09.000 --> 36:12.000]  And chances are you might get some traction.
[36:12.000 --> 36:18.000]  Okay, but I do go to the trial court to get the temporary restraining order on the plaintiff.
[36:18.000 --> 36:23.000]  Well, here in Texas, we go to the district court for a temporary restraining order.
[36:23.000 --> 36:24.000]  Okay.
[36:24.000 --> 36:27.000]  I think it's district in Florida, too.
[36:27.000 --> 36:28.000]  Okay.
[36:28.000 --> 36:29.000]  Okay.
[36:29.000 --> 36:32.000]  Here in Texas, we don't have small claims courts anymore.
[36:32.000 --> 36:39.000]  The small claims court, or what used to be a small claims court, the jurisdiction of what used to be a small claims court,
[36:39.000 --> 36:43.000]  and the jurisdiction of the justice court run concurrent.
[36:43.000 --> 36:56.000]  Therefore, our justice courts, what they call justice courts, the lower level courts, that's where they hear temporary, I'm sorry, small claims.
[36:56.000 --> 37:11.000]  You know, anything under $5,000, a claim that is asking no money, but they don't have jurisdiction over certain issues, and title being one of them.
[37:11.000 --> 37:14.000]  You want to get to title.
[37:14.000 --> 37:21.000]  So you go the next run up in the hierarchy of the courts.
[37:21.000 --> 37:30.000]  Well, go to two runs up here in Texas because between the district court and the lower level justice court, there's the county court.
[37:30.000 --> 37:36.000]  But the county court is not going to have jurisdiction to hear issues with title either.
[37:36.000 --> 37:49.000]  So you go to a venue, go into a jurisdiction that does have the authority to adjudicate issues of title, and you file in that court.
[37:49.000 --> 37:58.000]  Because in your temporary injunction, you're going to show that you've got, for example,
[37:58.000 --> 38:19.000]  you've got evidence that you would like to get on the record that would prove that the party claiming to have a right to file this forcible detainer has no right because of whatever issue.
[38:19.000 --> 38:27.000]  You don't have to prove that what you're doing is you're showing the court that, hey, I've got something here.
[38:27.000 --> 38:36.000]  And if the court says, well, yeah, it looks like you might have something here, we'll give you your preliminary injunction.
[38:36.000 --> 38:42.000]  Now that preliminary injunction, you're going to have a hearing on the preliminary injunction later.
[38:42.000 --> 38:48.000]  And that's where you're going to go through all of the title issues.
[38:48.000 --> 38:55.000]  You're going to drag all of their skeletons out of the closet and rattle their bones in front of the judge.
[38:55.000 --> 39:00.000]  Okay. I got it. All right.
[39:00.000 --> 39:03.000]  That's how that works in TEHAS.
[39:03.000 --> 39:09.000]  Yeah. No, I'll get it all verified. I'll research it this weekend, get it sent over on Monday.
[39:09.000 --> 39:10.000]  Very good.
[39:10.000 --> 39:12.000]  I thank you for that information.
[39:12.000 --> 39:14.000]  You're quite welcome. I hope it helps.
[39:14.000 --> 39:15.000]  Okay.
[39:15.000 --> 39:22.000]  Sorry, Darlene. Now we're going to go to Matthew in Texas. Hello, Matthew. How are you?
[39:22.000 --> 39:27.000]  Hi, Steve and Randy. You're both real Americans and I salute you both.
[39:27.000 --> 39:31.000]  Thank you. You are too. Thank you for hanging on so long.
[39:31.000 --> 39:35.000]  Oh, let me tell you, I have no other choice but to fight the good fight here.
[39:35.000 --> 39:38.000]  I've been listening to everything that's been said tonight.
[39:38.000 --> 39:44.000]  And I love the fact that you said that you can't transfer a mortgage to an agent of the principal.
[39:44.000 --> 39:58.000]  In the history of my issue, it seems that I have an agent of the principal that actually transferred the mortgage itself to somebody else since they didn't want to be noted on the action.
[39:58.000 --> 39:59.000]  So it's funny.
[39:59.000 --> 40:19.000]  Okay. If there is a contract between the party who is assigning and the principal, that is what would establish a principal-agent relationship, if there is a true principal-agent relationship,
[40:19.000 --> 40:32.000]  the principal can grant anything the principal wishes the agent do, anything, so long as it's within the law.
[40:32.000 --> 40:37.000]  Oh, no, I know. I totally understand. That would be a fun thing to subpoena if it ever came to that.
[40:37.000 --> 40:51.000]  In this case, one of the robociners with SPS actually acting as a vice president of MERS, and I know we've all seen this, had actually transferred mortgage to U.S. Bank.
[40:51.000 --> 40:55.000]  And I'm sorry, I'm diverting. I want to ask a quick and simple question.
[40:55.000 --> 40:56.000]  Okay.
[40:56.000 --> 41:15.000]  I haven't had to get too far into the nitty-gritty of the real arguments just yet, and that may yet come, but I have just essentially won because I made a motion of, I guess I called it partial summary judgment because I figured we might continue this.
[41:15.000 --> 41:24.000]  It might have been a flaw there, but I made a motion for partial summary judgment based on the statute of limitations passing, and I won that.
[41:24.000 --> 41:30.000]  Which statute, when you say statute of limitations, you stepped into my world.
[41:30.000 --> 41:31.000]  Yeah.
[41:31.000 --> 41:42.000]  There are statutes of limitations on nearly every element of law. Which element are we talking about? What stat, what clock ran?
[41:42.000 --> 42:02.000]  In their complaint, they were stating that the last payment that I had made was in 2007, and all in all, I had made some payments after that trying to deal with, you know, different workout groups and whatever, but more or less the last payment that I made to the lender was in 2007.
[42:02.000 --> 42:12.000]  So, I submitted an affidavit and then, you know, filed this motion because it's passed the five-year statute of limitation in the state of Arkansas.
[42:12.000 --> 42:13.000]  Okay.
[42:13.000 --> 42:18.000]  So, essentially, I've won that, and at this point—
[42:18.000 --> 42:24.000]  Wait a minute. You said Arkansas, but I'm seeing Texas on my screen.
[42:24.000 --> 42:27.000]  I live in Texas, but this property is in Arkansas.
[42:27.000 --> 42:29.000]  Gotcha. Okay.
[42:29.000 --> 42:46.000]  I thought to save it for family members. So, my situation is interesting in that something I didn't expect has happened. I thought, okay, I've won. I've heard Randy say very wisely, you want to make sure you've got the politics as well as the law on your side many times.
[42:46.000 --> 42:47.000]  Sure. Sure.
[42:47.000 --> 43:06.000]  In this case, I'm not going to have to ask anybody to stretch as far as the politics. This is the first question anybody should ask, is this beyond the statute of limitations? So, I wanted to ask, do I possibly have grounds for a bar grievance since they brought a ridiculous lawsuit against me?
[43:06.000 --> 43:32.000]  And B, most importantly, about 30 days later, there is an order of non-suit that they copied me on, just saying, according to Arkansas Rule 41 for Rules of Civil Procedure, they wish to non-suit this action and have it dismissed without prejudice. From what I read, that might just completely open this up to have them come back and sue me.
[43:32.000 --> 43:49.000]  No, no, the only way they could come back is bring in an issue they have not been sued against on. That makes the ruling becomes collateral estoppel.
[43:49.000 --> 43:54.000]  Perfect. Yeah, we're fixing it. Go ahead and take us out, Randy.
[43:54.000 --> 43:56.000]  We'll be right back.
[43:56.000 --> 44:02.000]  There you go.
[44:02.000 --> 44:30.000]  Hello, my name is Stuart Smith from NaturesPureOrganics.com, and I would like to invite you to come by our store at 1904 Guadalupe Street, Sweet D, here in Austin, Texas, behind Brave New Books and Chase Tank, to see all our fantastic health and wellness products with your very own eyes. Have a look at our Miracle Healing Clay that started our adventure in alternative medicine. Take a peek at some of our other wonderful products, including our Australian emu oil, lotion candles, olive oil, soaps, and colloidal silver and gold.
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[45:00.000 --> 45:15.000]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with JurisDictionary, the affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step-by-step.
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[46:13.000 --> 46:24.000]  Whoa, whoa, whoa, whoa, whoa. Whoa, whoa, whoa, whoa. Yeah.
[46:24.000 --> 46:30.000]  Always, I must be careful what I'm wishing for
[46:30.000 --> 46:35.000]  When I'm hungry, I like to know just what I'm fishing for
[46:35.000 --> 46:41.000]  I ain't asking for much, I ain't trying to be no glutton
[46:41.000 --> 46:47.000]  I'm just here making my living pushing buttons
[46:47.000 --> 46:53.000]  I'll give my message out to anyone if you shout and listen
[46:53.000 --> 46:58.000]  Both for bravery and against slavery, showing resistance
[46:58.000 --> 47:03.000]  First I'm crawling, then I'm walking, then I start strutting
[47:03.000 --> 47:08.000]  I'm just so glad to make my living pushing buttons
[47:08.000 --> 47:13.000]  Whoa, whoa, whoa
[47:13.000 --> 47:18.000]  Whoa, whoa, whoa
[47:18.000 --> 47:23.000]  Okay, we are back. We're in Kelton, Steve Skidmore, and we're on the radio.
[47:23.000 --> 47:27.000]  And we're talking to Matthew in Texas.
[47:27.000 --> 47:30.000]  Hello, Matthew.
[47:30.000 --> 47:37.000]  So more or less, since, in this case, the plaintiffs' attorneys
[47:37.000 --> 47:42.800]  After I've received a motion for summary judgment based on the statute of limitations having
[47:42.800 --> 47:49.600]  passed, I'm wondering why would they file an order of non-suit, do I need to fight it,
[47:49.600 --> 47:51.800]  and should I worry about any kind of...
[47:51.800 --> 47:54.600]  No, no, I wouldn't.
[47:54.600 --> 48:01.760]  You didn't, you asked for, did you ask for a default judgment?
[48:01.760 --> 48:08.880]  Well, forgive me here, I'm not as astute as you are, and I have a few attorney friends
[48:08.880 --> 48:12.680]  that don't know this area of the law, but they know...
[48:12.680 --> 48:15.400]  There are a lot of them out there.
[48:15.400 --> 48:19.000]  What did the court rule on?
[48:19.000 --> 48:23.720]  The court essentially ruled on my motion, and they ordered that...
[48:23.720 --> 48:26.000]  Wait, what was the motion?
[48:26.000 --> 48:34.520]  Oh, okay, my motion was to dismiss the plaintiff's cause of action based on the statute of limitations
[48:34.520 --> 48:41.040]  being five years, and this action being filed six years past.
[48:41.040 --> 48:47.040]  Was this a forcible detainer, or was this a foreclosure?
[48:47.040 --> 48:50.640]  Oh, it's a foreclosure, it was foreclosure.
[48:50.640 --> 48:56.600]  Okay, so they waited more than five years to file for foreclosure.
[48:56.600 --> 49:00.400]  Did the judge rule on your motion?
[49:00.400 --> 49:05.880]  The judge, yes, ruled, signed it, it dismissed the plaintiff's cause of action without prejudice,
[49:05.880 --> 49:08.760]  I was told later that's probably not as good as with prejudice, so...
[49:08.760 --> 49:19.080]  That's okay, if the other side is moving to non-suit that's moot,
[49:19.080 --> 49:21.280]  the court of the case is dismissed.
[49:21.280 --> 49:23.520]  Yeah, I'd agree.
[49:23.520 --> 49:28.880]  I mean, it would seem like that would be the case.
[49:28.880 --> 49:34.440]  File an objection to the motion as it is moot, the case is dismissed.
[49:34.440 --> 49:43.560]  Well, in one of my cases, I had the plaintiff had filed for forcible detainer.
[49:43.560 --> 49:47.280]  There was two major issues, we only argued one.
[49:47.280 --> 49:54.640]  The first issue was that they were, the bank's attorneys were one year at that point,
[49:54.640 --> 49:58.920]  they were one year and seven months outside the statute of limitations
[49:58.920 --> 50:02.320]  for the filing of a forcible detainer action.
[50:02.320 --> 50:12.120]  Second part was the party named plaintiff hadn't been in business for over two years.
[50:12.120 --> 50:15.360]  That's the issue we got it dismissed on.
[50:15.360 --> 50:24.840]  Though it was dismissed, and I had an order dismissing the plaintiff's cause,
[50:24.840 --> 50:34.120]  the attorney for the bank still went back and filed a motion to...
[50:34.120 --> 50:42.040]  Oh, what do you call it, Randy, when you remove a pleading?
[50:42.040 --> 50:43.800]  A motion to strike?
[50:43.800 --> 50:50.360]  No, God, I'd have to go back to, what my point is, is what he filed,
[50:50.360 --> 50:54.280]  there was, it's like a motion to dismiss.
[50:54.280 --> 50:57.160]  I think that may have been what it was, was a motion to dismiss
[50:57.160 --> 50:59.480]  after it had already been dismissed.
[50:59.480 --> 51:02.160]  It's redundant, it's pointless.
[51:02.160 --> 51:09.160]  What they're trying to do is avoid collateral estoppel.
[51:09.160 --> 51:11.680]  True, true.
[51:11.680 --> 51:17.680]  To try to make it look like they voluntarily withdrew the suit
[51:17.680 --> 51:23.760]  or dismissed the suit rather than having an order dismissing it.
[51:23.760 --> 51:26.920]  Well, it sounds like it was a day late and a dollar short there.
[51:26.920 --> 51:29.560]  He's already got an order dismissing.
[51:29.560 --> 51:34.120]  Yeah, that was, it all sounded the same, it didn't make sense.
[51:34.120 --> 51:39.160]  Did they non-suit prior to or post dismissal?
[51:39.160 --> 51:43.200]  Post, then it was pointless.
[51:43.200 --> 51:49.520]  Okay, wait a minute, hold on, we got two lawyers doing this
[51:49.520 --> 51:54.640]  in two different states, what do they know that we don't know?
[51:54.640 --> 51:58.560]  This goes down to the bags of dirty tricks.
[51:58.560 --> 52:00.560]  Yeah.
[52:00.560 --> 52:04.480]  They know something or they wouldn't be doing that.
[52:04.480 --> 52:08.120]  Yeah, I'm thinking they're trying to do something.
[52:08.120 --> 52:12.760]  My first thought was since Arkansas prior to 2010 and some rulings,
[52:12.760 --> 52:15.840]  I think, where Chase was ruled, not to be eligible to do business
[52:15.840 --> 52:19.360]  in the state and then a subsequent ruling from the Supreme Court
[52:19.360 --> 52:22.400]  against Murders having authority to do much of anything,
[52:22.400 --> 52:25.960]  you know, or standing as a plaintiff in foreclosure action.
[52:25.960 --> 52:29.400]  I was thinking maybe somehow there's something in the statutory stuff
[52:29.400 --> 52:33.480]  that will allow them to come back and try to foreclose on the property.
[52:33.480 --> 52:40.400]  And beyond that, I have no idea what other ideas they may have.
[52:40.400 --> 52:42.840]  Here's another idea.
[52:42.840 --> 52:47.360]  They may have realized that they were outside the statute of limitations
[52:47.360 --> 52:53.840]  and to try to keep the court from levying some type of mild sanction
[52:53.840 --> 53:01.200]  or even a brow beating, they filed their non-suit.
[53:01.200 --> 53:04.880]  Just something to put in there so it looks like they did it.
[53:04.880 --> 53:09.560]  Yeah, yeah, yeah, politics.
[53:09.560 --> 53:11.920]  This concerns me.
[53:11.920 --> 53:14.720]  These guys know something.
[53:14.720 --> 53:18.160]  We wouldn't have two lawyers in two different states
[53:18.160 --> 53:23.600]  pulling the same shenanigan if they didn't know something.
[53:23.600 --> 53:24.920]  I'll wait on that.
[53:24.920 --> 53:29.280]  I'll try to talk to a lawyer or two and see if I can find out
[53:29.280 --> 53:32.040]  what the purpose would be for that.
[53:32.040 --> 53:33.840]  If you like, I'll share whatever I learn.
[53:33.840 --> 53:37.680]  I'm going to do some consultations with people that fight it there.
[53:37.680 --> 53:39.840]  And there's very, very, very few of them.
[53:39.840 --> 53:46.000]  But I found a few and I'm going to find out a little more just because I suppose
[53:46.000 --> 53:51.320]  I'm in a very rare situation here where most people don't ever really get to this.
[53:51.320 --> 53:54.200]  But for me, yeah, it is.
[53:54.200 --> 53:57.880]  It is. They'll usually move forward pretty quick.
[53:57.880 --> 54:03.520]  Yeah, my next step I think is I'm probably going to file for quiet title anyway
[54:03.520 --> 54:05.800]  even though they don't have any cause of action against me
[54:05.800 --> 54:07.360]  unless there's something tricky with this.
[54:07.360 --> 54:13.240]  Okay, let me address one thing that may still be there.
[54:13.240 --> 54:22.440]  They cannot enforce the privileges granted in the security instrument.
[54:22.440 --> 54:26.080]  This all goes to property code and property law.
[54:26.080 --> 54:33.040]  They still have a claim against the borrower that they can adjudicate in the courts.
[54:33.040 --> 54:36.000]  They just can't make a claim against the property.
[54:36.000 --> 54:37.200]  Right.
[54:37.200 --> 54:45.480]  So what I would suggest you do is get a quick claim deed in there quickly
[54:45.480 --> 54:54.800]  or warranty deed to another party before they have a chance to pull a shenanigan
[54:54.800 --> 55:00.840]  and what they'll try to do is sue the borrower, get a claim against the borrower
[55:00.840 --> 55:06.080]  and then petition for a lien against the property.
[55:06.080 --> 55:11.400]  Oh, well in this case they were asking for attorney's fees and the amount
[55:11.400 --> 55:13.240]  and a rearage and all that.
[55:13.240 --> 55:15.320]  They weren't just trying to take the house.
[55:15.320 --> 55:19.120]  I'm not sure if I'm understanding you but...
[55:19.120 --> 55:27.160]  Okay, what I'm saying is this eliminated their deed of trust or mortgage.
[55:27.160 --> 55:31.800]  Arkansas is a non-judicial state, isn't it?
[55:31.800 --> 55:36.360]  Primarily but it looks like there's more being filed judicially these days.
[55:36.360 --> 55:36.960]  Okay.
[55:36.960 --> 55:46.760]  Well, keep in mind that a home equity loan is usually going to be judicial.
[55:46.760 --> 55:53.720]  So we have seen an uprise in foreclosures on home equity loans.
[55:53.720 --> 55:56.240]  Okay. Here's what happened.
[55:56.240 --> 56:00.600]  They lost their claim on the security instrument
[56:00.600 --> 56:04.040]  but they didn't lose their claim under the note.
[56:04.040 --> 56:09.400]  So they can still adjudicate their claim under the note by suing,
[56:09.400 --> 56:15.480]  in this case they're suing in the capacity of a debt collector.
[56:15.480 --> 56:21.720]  They sue the borrower, get a claim against the borrower and then petition the court
[56:21.720 --> 56:25.640]  for a judgment against the property so they can liquidate the property
[56:25.640 --> 56:27.560]  to satisfy the claim.
[56:27.560 --> 56:32.560]  So what you need to do is get the property out of reach quickly
[56:32.560 --> 56:39.440]  by transferring it to someone else or get a lien against the property
[56:39.440 --> 56:43.160]  in excess of the value.
[56:43.160 --> 56:46.920]  You might try transferring it to a trust.
[56:46.920 --> 56:50.200]  Got it. Or transfer it to a trust.
[56:50.200 --> 56:51.240]  All right.
[56:51.240 --> 56:58.240]  However, the borrower cannot be, can be the beneficiary
[56:58.240 --> 57:03.640]  but cannot be the trustee or, I'm sorry, can be the grantor
[57:03.640 --> 57:10.840]  but cannot be the trustee or beneficiary otherwise they'll call it an alter ego.
[57:10.840 --> 57:11.640]  Right.
[57:11.640 --> 57:18.440]  So if I'm a family member for a buck, if I sell it to someone
[57:18.440 --> 57:23.400]  then under those circumstances they would have no cause of action against me.
[57:23.400 --> 57:24.840]  Right.
[57:24.840 --> 57:30.120]  I would sell it for $10 and other valuable consideration.
[57:30.120 --> 57:33.480]  Do you consider someone's handshake valuable?
[57:33.480 --> 57:37.640]  Yeah, and you might, if you want to maintain the property,
[57:37.640 --> 57:44.520]  you might put in a backside contract though, a private side contract.
[57:44.520 --> 57:47.800]  You hear a lot of stuff about your straw man.
[57:47.800 --> 57:49.960]  That's your public side.
[57:49.960 --> 57:54.120]  Your straw man's the one that put in this deed of trust and all that.
[57:54.120 --> 57:55.880]  Well, you can talk to the,
[57:55.880 --> 57:57.640]  I'm going to say really understand the difference
[57:57.640 --> 58:01.560]  between your public side and your private side.
[58:01.560 --> 58:06.680]  You make a private contract with whoever you sell the property to
[58:06.680 --> 58:13.480]  that you could purchase it back at any time for $10 and other considerations.
[58:13.480 --> 58:15.320]  Got it.
[58:15.320 --> 58:20.120]  And then I just wait until a certain period of time and we're in the courier.
[58:20.120 --> 58:22.360]  Yeah, when they run out of time,
[58:22.360 --> 58:26.200]  they may be out of time to adjudicate their claim on the note.
[58:26.200 --> 58:27.880]  You have to check that out.
[58:27.880 --> 58:31.800]  If they're out of time to adjudicate the claim on the note, then you're good.
[58:31.800 --> 58:32.840]  Okay, hang on.
[58:32.840 --> 58:35.800]  Randy Kelton, Steve Skidmore with the radio.
[58:35.800 --> 58:39.960]  A call in number 512-646-1984.
[58:39.960 --> 58:41.400]  We're getting down toward the end.
[58:41.400 --> 58:43.480]  So they build up at the end.
[58:43.480 --> 58:44.520]  So get us a call.
[58:44.520 --> 58:50.200]  We will be right back.
[58:50.200 --> 58:54.120]  Would you like to make more definite progress in your walk with God?
[58:54.120 --> 58:57.560]  Bibles for America is offering a free study Bible
[58:57.560 --> 59:00.920]  and a set of free Christian books that can really help.
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[59:06.120 --> 59:09.800]  It's an accurate translation and it contains thousands of footnotes
[59:09.800 --> 59:13.400]  that will help you to know God and to know the meaning of life.
[59:13.400 --> 59:18.440]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.440 --> 59:21.480]  Chapter by chapter, Basic Elements of the Christian Life
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[59:25.800 --> 59:27.880]  and how to build up the Church.
[59:27.880 --> 59:30.760]  To order your free New Testament Recovery Version
[59:30.760 --> 59:33.800]  and Basic Elements of the Christian Life,
[59:33.800 --> 59:40.520]  call Bibles for America toll free at 888-551-0102.
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[59:45.080 --> 59:52.520]  Or visit us online at bfa.org.
[59:52.520 --> 59:56.040]  You're listening to the Logos Radio Network
[59:56.040 --> 01:00:03.080]  at logosradionetwork.com.
[01:00:03.080 --> 01:00:07.960]  This is the Liberty Beat, your daily source for Liberty News and activist updates,
[01:00:07.960 --> 01:00:10.440]  online at thelibertybeat.com.
[01:00:10.440 --> 01:00:15.080]  I'm Brian Hagan with your Liberty Beat for Friday, August 8th, 2014.
[01:00:15.080 --> 01:00:17.960]  Gold opened today at $1,307.
[01:00:17.960 --> 01:00:20.440]  Silver opened at $19.84.
[01:00:20.440 --> 01:00:24.440]  And Bitcoin is trading around $588.30.
[01:00:24.440 --> 01:00:28.440]  Support for the Liberty Beat comes from Roberts & Roberts Brokerage, Inc.,
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[01:00:32.040 --> 01:00:38.440]  Online at rrbi.co or by phone at 800-874-9760.
[01:00:38.440 --> 01:00:43.320]  In the news, the Austin City Council has approved a $1.25 million settlement
[01:00:43.320 --> 01:00:45.880]  for the family of Larry Eugene Jackson,
[01:00:45.880 --> 01:00:50.840]  the African-American man killed last year by Austin Police Detective Charles Kleinart.
[01:00:50.840 --> 01:00:54.440]  Larry Eugene was unarmed and chased down by Detective Kleinart
[01:00:54.440 --> 01:00:58.280]  after approaching a bank where police were investigating an attempted robbery.
[01:00:58.280 --> 01:01:02.520]  Larry left the scene after police began questioning him and a chase ensued.
[01:01:02.520 --> 01:01:07.000]  Larry was never lawfully detained and was not a suspect in the bank incident.
[01:01:07.000 --> 01:01:12.680]  The council voted 6-1 for the settlement, with only Mayor Lee Levingwell casting a no vote.
[01:01:12.680 --> 01:01:15.000]  According to the Austin American Statesman,
[01:01:15.000 --> 01:01:22.200]  Thursday's settlement was the largest of its kind in Austin history.
[01:01:22.200 --> 01:01:26.040]  On Saturday, tomorrow at Brave New Books in Austin,
[01:01:26.040 --> 01:01:30.040]  join the Alliance of Austin Agarists as they host Katherine Bleich,
[01:01:30.040 --> 01:01:33.160]  Justin and Jessica Armon, and Tracy Ward,
[01:01:33.160 --> 01:01:36.440]  four Central Texas residents who have had relative success
[01:01:36.440 --> 01:01:39.000]  enterprising in agarist ventures.
[01:01:39.000 --> 01:01:41.640]  Join the community from 6 until 10 o'clock
[01:01:41.640 --> 01:01:44.760]  for an open discussion on what it takes to find freedom.
[01:01:44.760 --> 01:01:50.760]  The event will also feature an agarist farmer's market.
[01:01:50.760 --> 01:01:54.520]  The Central Texas Healthy Mothers Healthy Babies Coalition
[01:01:54.520 --> 01:01:57.880]  will host a screening of the Milky Way movie tomorrow,
[01:01:57.880 --> 01:02:02.840]  Saturday, August 9, at the Alamo Drafthouse located on Slaughter Lane.
[01:02:02.840 --> 01:02:07.400]  The movie is all about breastfeeding culture and breastfeeding history in the United States.
[01:02:07.400 --> 01:02:10.040]  The screening will be followed by a panel discussion
[01:02:10.040 --> 01:02:14.680]  and an opportunity to ask questions about the movie and breastfeeding in general.
[01:02:14.680 --> 01:02:18.840]  Tickets include lunch and can be purchased on drafthouse.com.
[01:02:18.840 --> 01:02:22.040]  The screening begins at 1 p.m. Children are welcome to attend.
[01:02:22.040 --> 01:02:25.240]  To learn more, visit keepaustinbreastfeeding.org.
[01:02:25.240 --> 01:02:27.960]  Support for Liberty Week comes from Brave New Books,
[01:02:27.960 --> 01:02:30.200]  your local source for all things Bitcoin,
[01:02:30.200 --> 01:02:33.560]  now hosting a Bitcoin ATM located in Austin, Texas,
[01:02:33.560 --> 01:02:37.720]  at 1904 Guadalupe Street, or online, bravenewbookstore.com.
[01:02:37.720 --> 01:02:40.920]  And support comes from the notorious activist Michael Cargill,
[01:02:40.920 --> 01:02:43.160]  who has a new show called Come and Talk It,
[01:02:43.160 --> 01:02:47.320]  live Sunday afternoons at four o'clock on 1370 a.m. in Austin,
[01:02:47.320 --> 01:02:50.200]  at 1370 a.m. Sundays at four.
[01:02:50.200 --> 01:02:53.800]  This is the Liberty Week for Friday, August 8, 2014.
[01:02:53.800 --> 01:03:13.640]  Check out the website at thelibertybeat.com.
[01:03:24.760 --> 01:03:26.040]  Okay, we are back.
[01:03:26.040 --> 01:03:27.880]  Brandy Kelton, please give more.
[01:03:27.880 --> 01:03:32.840]  We have our radio, and we're talking to Matthew in Texas.
[01:03:32.840 --> 01:03:36.840]  Okay, Matthew, you were talking when we went out.
[01:03:36.840 --> 01:03:37.640]  We ran out of time.
[01:03:39.640 --> 01:03:44.520]  Hi. Yeah, more or less, I understand, as you were noting,
[01:03:44.520 --> 01:03:49.080]  that the plaintiffs in this case may have lost their claim on the security instrument.
[01:03:49.080 --> 01:03:51.000]  They may still have a claim under the note.
[01:03:51.000 --> 01:03:55.160]  I'm hoping my order was only broad enough that they have nothing.
[01:03:55.160 --> 01:03:56.680]  It basically wanted to say...
[01:03:56.680 --> 01:04:03.000]  I think on the note, Steve, if you have a note somebody defaults on,
[01:04:03.800 --> 01:04:05.800]  how long do you have to adjudicate?
[01:04:05.800 --> 01:04:07.320]  That's only two years, isn't it?
[01:04:10.600 --> 01:04:15.400]  Well, okay, let's analyze this.
[01:04:15.400 --> 01:04:22.920]  If the security instrument is rendered even as an operation of law, no and void,
[01:04:23.640 --> 01:04:31.720]  which could be considered in this case, is that secured debt or unsecured debt?
[01:04:33.320 --> 01:04:38.040]  Definitely unsecured debt at this point, because the only thing securing it was that instrument,
[01:04:38.040 --> 01:04:45.000]  and the time limitation for exercising the grants contained in the instrument have expired.
[01:04:47.000 --> 01:04:49.000]  So now the income is unsecured.
[01:04:49.000 --> 01:04:52.040]  Right. What do you do with unsecured debt that you can't pay back?
[01:04:54.840 --> 01:04:58.040]  It would be written off in a Chapter 7 bankruptcy.
[01:04:58.680 --> 01:04:59.480]  Thank you, sir.
[01:05:00.520 --> 01:05:03.000]  Yeah, that was my backup plan.
[01:05:03.000 --> 01:05:08.600]  That was my backup plan. And it's a good one.
[01:05:08.600 --> 01:05:17.240]  But if it's unsecured debt, how long did they have after default on an unsecured debt obligation?
[01:05:19.000 --> 01:05:20.760]  I think that's going to be in state statutes.
[01:05:21.960 --> 01:05:23.640]  I'm going to bet it's two years.
[01:05:23.640 --> 01:05:28.520]  I'm thinking it's two years in Texas. Don't quote me on that.
[01:05:28.520 --> 01:05:35.800]  It's similar in Arkansas, I would bet. But yeah, here's the question. I'm a Texas resident.
[01:05:35.800 --> 01:05:42.280]  If I had to file bankruptcy, I'd be filing it here. And they would be subject to Texas statutes,
[01:05:42.280 --> 01:05:42.840]  supposedly.
[01:05:42.840 --> 01:05:43.640]  No, no, no.
[01:05:43.640 --> 01:05:44.280]  No, no.
[01:05:45.640 --> 01:05:51.720]  Yeah, bankruptcy is strictly federal. Strictly. There is no state bankruptcy court.
[01:05:54.040 --> 01:05:57.960]  Yeah, okay. Well, thank you, Jitz. I didn't realize that at all.
[01:05:57.960 --> 01:06:04.440]  As far as a quiet title action, if I file that, I'm going to uncover other things
[01:06:04.440 --> 01:06:09.800]  that might lend some credibility to a fraud lawsuit in the future, which I'm not sure
[01:06:10.360 --> 01:06:15.320]  I'm going to do one way or another. But would you guys advise that that would be a
[01:06:15.960 --> 01:06:19.480]  next right thing, perhaps after I transfer it to someone else?
[01:06:22.040 --> 01:06:23.640]  Pick your fights real careful.
[01:06:24.200 --> 01:06:24.840]  Yeah.
[01:06:24.840 --> 01:06:31.080]  Yeah. Even the most egregious cases are hard to win.
[01:06:33.640 --> 01:06:37.560]  So, you know, it's great if somebody go after them. Even better if you went after them,
[01:06:37.560 --> 01:06:41.800]  if they committed fraud, you go after them criminal. That don't cost so much.
[01:06:44.280 --> 01:06:48.200]  And if you win the criminal, then go after them for the civil.
[01:06:48.200 --> 01:07:01.240]  Oh, I'm thinking once. Okay, once you once you deem the security instrument unenforceable,
[01:07:03.000 --> 01:07:10.600]  what would what would they have to file to regain the right to possess?
[01:07:11.720 --> 01:07:14.360]  They can't, but they can.
[01:07:14.360 --> 01:07:20.920]  They can, but they won't. What they would have to do is they would have to file a suit for trespass
[01:07:20.920 --> 01:07:26.680]  to try title. And they don't want to go there.
[01:07:26.680 --> 01:07:31.320]  That's Arkansas. So they'd have to do it under quiet pilot. And if they couldn't,
[01:07:31.320 --> 01:07:35.320]  you know, they could, there's a lot of things they could file, but there's no way they can
[01:07:35.320 --> 01:07:39.640]  get that one by. Because they don't have to file.
[01:07:39.640 --> 01:07:43.560]  Right. And he's got to be, he's got the warranty deed.
[01:07:45.320 --> 01:07:52.120]  And that's the, you know, the time I use trespass to try title is after a substitute trustee's
[01:07:52.120 --> 01:07:57.800]  deed has been filed in the record. And I go after the trust substitute trustee's deed and say,
[01:07:57.800 --> 01:08:04.200]  my original warranty deed is stronger than this trustee's deed, but these guys, they don't have
[01:08:04.200 --> 01:08:15.640]  anything. Oh, yeah. Well, if I, if you guys would suggest, I like this, this objection to the motion.
[01:08:15.640 --> 01:08:22.520]  Oh, wait, wait. I goofed. I goofed. Hold on. Mr. Jeff, I'm supposed to bring in,
[01:08:24.200 --> 01:08:28.280]  I'm bringing in the oldest person in radio.
[01:08:28.280 --> 01:08:38.440]  I'm afraid I may just blow you out of the water. Okay. Good. Okay. Matthew, this is just Jeff out
[01:08:38.440 --> 01:08:45.080]  of Maryland, longtime friend. And I really appreciate Jeff, because he may be the only
[01:08:45.080 --> 01:08:51.080]  person in America older than me. Oh, I'm sure there are others that are older than you.
[01:08:51.080 --> 01:08:59.320]  All right. Jeff, they're not as honorary. No, no, not as honorary. I thought you were going to say
[01:08:59.320 --> 01:09:10.280]  ugly. I have it from Pastor Massad himself that said, I have a face made for radio. Thank you very
[01:09:10.280 --> 01:09:17.640]  much. I have it from Pastor Massad himself that said, I have a face made for radio. Thank you very
[01:09:17.640 --> 01:09:26.520]  much. I know that I look like I've been dragged upside down for a half mile down a gravel road.
[01:09:29.880 --> 01:09:33.480]  Anyway, I woke up feeling like that for the last six years.
[01:09:35.080 --> 01:09:43.000]  The caller from Arkansas. I'm going to task you with two things. I want you to go and look at your
[01:09:43.000 --> 01:09:51.400]  note and take a look at the signature line and see if the signature line says SEAL.
[01:09:53.240 --> 01:10:03.640]  It says SEAL? SEAL, S-E-A-L. And it's usually in parentheses. Okay. That contract in most states
[01:10:03.640 --> 01:10:12.360]  has a different statute of limitations than a standard contract. Okay. In Massachusetts,
[01:10:13.320 --> 01:10:22.680]  it's 20 years. In Pennsylvania, it's 20 years. And up until July 1 of this year in Maryland,
[01:10:22.680 --> 01:10:30.200]  it was 12. It's not the same contract as a standard written note.
[01:10:30.200 --> 01:10:36.760]  That is interesting. I've never seen that on a contract, on a note. Contracts under SEAL.
[01:10:38.760 --> 01:10:47.480]  Okay. Do you mean I'd be free and clear? You maybe have sort of capitalized on somebody's ignorance.
[01:10:47.480 --> 01:10:57.640]  Okay. Okay. Now Maryland, they still have contracts under SEAL that have a statute of limitations of
[01:10:57.640 --> 01:11:06.920]  12 years. But what took place at July 1, which is last month, is they took owner-occupied mortgages
[01:11:08.120 --> 01:11:13.880]  and removed them from the 12-year statute of limitations, which is a standard contract.
[01:11:13.880 --> 01:11:19.000]  And removed them from the 12-year statute of limitations and made them three.
[01:11:22.600 --> 01:11:33.400]  Okay. And the other side of the coin is, even though they may have dismissed the case and made,
[01:11:33.400 --> 01:11:43.000]  in effect, the deed of trust or mortgage moot and unenforceable, that note is still enforceable,
[01:11:43.000 --> 01:11:45.560]  and it would be enforceable under breach of contract.
[01:11:48.520 --> 01:11:54.680]  So if your statute of limitations for contracts under SEAL is like 12 years, you're not in the
[01:11:54.680 --> 01:12:02.600]  clear yet. You need to get the property out of your name. Yeah. That's all I have to do. Get it
[01:12:02.600 --> 01:12:07.880]  out of my name, and then they have nothing to come after me with. It's like Randy was saying,
[01:12:07.880 --> 01:12:17.080]  transfer it to a trust. Yeah. No, no, no. Not a trust. A land trust. There you go.
[01:12:18.600 --> 01:12:25.320]  Not a trust. Land trust. Illinois Land Trust. It's perfected by Chicago tile,
[01:12:25.880 --> 01:12:33.320]  and it has a track record of over 100 years. Okay. In fact, you can go to,
[01:12:33.320 --> 01:12:42.600]  you can look up Chicago tile on the web, and you can set up a trust through Chicago tile
[01:12:42.600 --> 01:12:56.440]  with them as trustee. Okay. Yeah. I think if I do that, here's a question, if I may,
[01:12:56.440 --> 01:13:04.280]  if now they have no ability to foreclose on the property, because one part of the bifurcated
[01:13:05.240 --> 01:13:11.640]  situation is taken care of with this, and yet they could come after me for breach of contract,
[01:13:12.120 --> 01:13:17.880]  how does mine not having ownership of the property deal with that? They can't take the judgment
[01:13:17.880 --> 01:13:24.360]  attached to me and your property. They can't do that, but basically they can get a judgment,
[01:13:24.360 --> 01:13:29.880]  which I can't pay you, and then I file a bankruptcy. And garnish your wages and seize
[01:13:29.880 --> 01:13:36.120]  your bank accounts and all that other stuff, unless you've taken steps to sort that. Got it.
[01:13:37.000 --> 01:13:45.640]  Okay. Yeah. So Randy, if I stepped on your toes, I apologize. Oh, no, no. I like it when I'm
[01:13:45.640 --> 01:13:56.120]  found lacking. Pardon? I like it when I'm found lacking. I learn more. Okay. It was something I
[01:13:56.120 --> 01:14:04.680]  got involved in with, I was actually, I was instructed by my real estate investor mentor
[01:14:04.680 --> 01:14:09.400]  to go look it up and find out what it was, and I couldn't find anything on it. Of course, at that
[01:14:09.400 --> 01:14:15.880]  time, we didn't have the worldwide web, but it didn't take long searching the worldwide web to
[01:14:15.880 --> 01:14:24.200]  find out about it. Yeah. He was having trouble seeing in the lantern light as well. Pardon?
[01:14:25.720 --> 01:14:31.800]  Said he was having trouble seeing in the lantern light. Yes. Yes. Yes.
[01:14:31.800 --> 01:14:41.640]  It was fire light. We didn't have lantern yet. I do appreciate that, Jeff. Jeff always comes
[01:14:41.640 --> 01:14:48.360]  in with good information. Okay. If it's not a contract under seal, would I be able to clear?
[01:14:49.320 --> 01:14:57.320]  Yeah, you would. Yeah. But I think you will find that if not 100%, then the percentage is
[01:14:57.320 --> 01:15:06.840]  sufficiently high that it will be under seal. Got it. See, here's the other feature of a contract
[01:15:06.840 --> 01:15:13.720]  under seal. There doesn't have to be consideration. Bank didn't give you any consideration.
[01:15:17.400 --> 01:15:25.640]  Okay. And they didn't give you the money, did they? Right. Never. It's all on paper.
[01:15:25.640 --> 01:15:33.880]  No? No, it wasn't even, well, commercial paper maybe, but you didn't walk away from the closing
[01:15:33.880 --> 01:15:41.240]  table with a satchel full of $100 bills. Right. They didn't hand you the check to you to hand it
[01:15:41.240 --> 01:15:48.520]  to the seller. Yeah, you never saw it. Yeah, but they gave you a warranty deed. That was the
[01:15:48.520 --> 01:15:57.160]  consideration. It actually wasn't even a consideration, Randy, because the warranty
[01:15:57.160 --> 01:16:04.040]  deed had to be in his possession before he gets a loan. Yeah, and the bank was not a party to the
[01:16:04.040 --> 01:16:13.800]  warranty deed. The warranty deed is strictly between the seller or the grantor and the grantee,
[01:16:13.800 --> 01:16:21.560]  the buyer. Yeah, but it was a condition of the sale. It was a condition of the sale. Yeah.
[01:16:23.880 --> 01:16:31.080]  With land, you've got to have whoever owns it right now has to convey it by paper to whoever
[01:16:31.080 --> 01:16:38.840]  he's selling it to. That gets filed in the county record. All of this is part of the one essential
[01:16:38.840 --> 01:16:45.160]  transaction just because they all didn't happen exactly the same time. Correct. Transfer the
[01:16:45.160 --> 01:16:52.680]  warranty deed was still part of the transaction. Okay, hold on. You're about to go to break.
[01:16:53.480 --> 01:16:57.160]  Do you want to hang in there, Jeff? We'll be right back.
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[01:19:24.840 --> 01:19:53.720]  Okay, we are back going to Felt and Steve Stigmore who's our radio and we're talking to Matthew
[01:19:53.720 --> 01:20:02.280]  and Mr. Sedgwick. Hello, Mr. Sedgwick. Hello. What other gems do you have for us?
[01:20:03.240 --> 01:20:12.440]  Okay, one, and you need to practice up on this a bit there, Randy. Okay. By and large,
[01:20:12.440 --> 01:20:17.960]  people need to take the word fraud, drop it in the gurgler and pull the handle
[01:20:17.960 --> 01:20:24.920]  because they can't prove fraud except with very rare exceptions. They need to lose that
[01:20:24.920 --> 01:20:31.880]  and they need to start thinking in terms of false and misleading. The documents are false
[01:20:31.880 --> 01:20:36.840]  and misleading and for the purpose of leading the court to an unjust decision.
[01:20:38.360 --> 01:20:43.320]  Agreed. False and misleading, they can prove. Fraud, they can't because they have to prove intent.
[01:20:43.320 --> 01:20:52.520]  Good point. You can't prove what's in somebody's mind unless you've got a confession somewhere.
[01:20:58.120 --> 01:21:06.520]  That's a fact. So, and Steve. Yes, sir. Still working on agenda 21 stuff?
[01:21:06.520 --> 01:21:16.920]  No, I haven't done any agenda 21 stuff that I can recall. I mean, I've studied up on it some.
[01:21:17.880 --> 01:21:23.880]  Okay, I sent you a link what's going on in Henry County in Georgia where a government commission
[01:21:24.600 --> 01:21:30.040]  has noticed the county council appending charges for rebellion and treason.
[01:21:30.040 --> 01:21:39.080]  Oh, okay. And I sent it to you too, Randy. You may want to take a look at that.
[01:21:39.960 --> 01:21:47.320]  Okay. Treason? That's strong words. Did I stutter? No.
[01:21:48.040 --> 01:21:53.240]  How did they get to that? Are they shooting at you?
[01:21:53.240 --> 01:22:00.200]  It's a nonviolent attempt to overthrow. Wait, say that again.
[01:22:01.800 --> 01:22:06.600]  Nonviolent attempt to overthrow. That's not treason. That's sedition.
[01:22:10.360 --> 01:22:16.200]  Treason is violent. It's overthrown by force. Treason is not. Treason is not.
[01:22:16.200 --> 01:22:26.520]  It doesn't have to be. It can be, oftentimes is, but it's not. Okay. And the other thing is
[01:22:26.520 --> 01:22:33.720]  is that you advocate some of the things that you advocate and people tell you, well, that's,
[01:22:35.960 --> 01:22:40.440]  oh, hell, what is it when it's lawlessness? Anarchy?
[01:22:40.440 --> 01:22:46.680]  Yes. When they tell you, say, well, Randy, you're advocating anarchy and Randy,
[01:22:46.680 --> 01:22:51.560]  your rebuttal is? You mean anarchy other than the anarchy we already have?
[01:22:52.440 --> 01:22:56.200]  Yeah, right. Because isn't that what Obama's doing?
[01:22:57.800 --> 01:23:01.240]  He's lawless. Yes. Agreed.
[01:23:01.240 --> 01:23:08.040]  Okay. All right. Enough of my little titty bits. I will go back to listening.
[01:23:08.040 --> 01:23:11.320]  Okay. Thank you very much, Jeff.
[01:23:11.320 --> 01:23:14.200]  Absolutely. It's good to hear it again. Thank you. Thank you.
[01:23:14.840 --> 01:23:16.680]  Bye-bye. Okay.
[01:23:18.600 --> 01:23:23.720]  Matthew, were you taking notes? I took notes on everything. I'm sure there's
[01:23:23.720 --> 01:23:28.360]  good that I might have missed. But I'll tell you something, I've listened to this show now
[01:23:28.360 --> 01:23:34.280]  for over a year and loved every minute of it. And I wouldn't be where I am without it. I've
[01:23:34.280 --> 01:23:38.360]  kind of instructed my attorney friend who helped me along with the process and filling out the
[01:23:38.360 --> 01:23:46.520]  papers and doing what I needed to do. But, wow, there's nothing more worthwhile. And there's
[01:23:46.520 --> 01:23:51.960]  nothing more worthy when you really look at what the real core of this whole issue is. And I won't
[01:23:51.960 --> 01:23:57.400]  get into all that. You've already done it many times. But it's definitely something we all have
[01:23:57.400 --> 01:24:04.840]  to stand up and fight. And in my case, if I have any further causes of action that I might be able
[01:24:04.840 --> 01:24:13.640]  to take, then I want to do it. And I may talk to you guys about that in the future. But I'll dig
[01:24:13.640 --> 01:24:21.400]  in on this in as much as you guys have advised me and are not officially giving me advice, let's say.
[01:24:21.400 --> 01:24:23.080]  Yeah. I don't offer advice.
[01:24:23.080 --> 01:24:29.880]  Yeah, you didn't do that. But I will. Randy might. If I can offer you any advice,
[01:24:30.680 --> 01:24:39.480]  it's never let the sun set without those who you love know it. Yeah. There's my advice.
[01:24:39.480 --> 01:24:43.800]  I promise we do. We'll take that advice.
[01:24:43.800 --> 01:24:52.520]  Well, I prefer lay advice. There you go.
[01:24:53.800 --> 01:24:58.920]  Yeah. I've never holding myself out as an attorney. I had a judge once in
[01:25:00.200 --> 01:25:08.840]  Montgomery County, Texas, Conroe, ask a district judge that stopped a murder trial to hear the
[01:25:08.840 --> 01:25:15.480]  real habeas corpus I dumped on him. And he said, Mr. Tufton, are you an attorney? Oh, no, judge.
[01:25:16.280 --> 01:25:19.720]  Keep my hands in my pockets and sleep well at night. Thank you very much.
[01:25:21.720 --> 01:25:26.360]  He did not find the humor in that. Did you expect him to?
[01:25:27.880 --> 01:25:33.160]  I was hoping he wouldn't because it was a habeas corpus. He wasn't going to hear it.
[01:25:33.160 --> 01:25:39.080]  And I wanted him as mad as I could get him so he would act as stupid as I could get him to act.
[01:25:39.080 --> 01:25:42.120]  He was accommodating. He was accommodating.
[01:25:43.480 --> 01:25:49.080]  And when I filed with the Court of Criminal Appeals, I included criminal accusations against him.
[01:25:49.640 --> 01:25:55.320]  Lovely. Well, Matthew, have we confused you enough or do you need some more confusion?
[01:25:57.240 --> 01:26:02.120]  If I may, just for my own good and for that of anybody who may be listening who
[01:26:02.120 --> 01:26:06.360]  who might be potentially in the same boat or who should at least look and see if they might
[01:26:06.360 --> 01:26:14.120]  potentially be past sexual limitations, I'm going to, from this point, just object to the motion
[01:26:14.120 --> 01:26:17.800]  as it being moot since there's already been a judgment on this cause of action
[01:26:18.440 --> 01:26:26.920]  and I'll file something there. Well, if they've non-suited, why kick it? It's over.
[01:26:26.920 --> 01:26:35.880]  Oh, yeah. That's good advice. That was not advice.
[01:26:36.680 --> 01:26:41.880]  Well, if you've got a judgment dismissing and they've non-suited,
[01:26:44.120 --> 01:26:52.920]  so what if it's moot? It's over. I would see that as an agreement that it's over. It's done.
[01:26:52.920 --> 01:26:57.080]  Yeah. You know, I have two attorney friends. One said that.
[01:26:58.600 --> 01:26:59.880]  This round is done.
[01:27:01.640 --> 01:27:07.000]  But I was just concerned. The whole reason we're having this conversation is that I look up Arkansas
[01:27:07.000 --> 01:27:13.480]  Rule 41, subsection D or whatever. It says something to the effect that if this happens,
[01:27:14.040 --> 01:27:19.880]  then you don't have the rest of the Cata defense in the future. It can be completely
[01:27:19.880 --> 01:27:26.120]  brought against you again. And I was just looking at that and freaking out over it thinking,
[01:27:26.120 --> 01:27:31.880]  I'm a year into this and this has been a pain in the ass for eight years and here I am. So
[01:27:32.440 --> 01:27:39.000]  as far as it goes, if it makes all the sense in the world to come to the same conclusion,
[01:27:39.000 --> 01:27:43.960]  you were just saying I reasonably should that it's over. And now we move on.
[01:27:43.960 --> 01:27:53.720]  There you go. Just do yourself a favor and always watch over your shoulder. Be vigilant.
[01:27:55.480 --> 01:27:57.960]  Because I'll promise you they're not done yet.
[01:27:59.320 --> 01:28:02.360]  Oh, okay. Well, I got a question for you guys real quick.
[01:28:04.120 --> 01:28:12.040]  You guys are familiar with probably Dave Krieger. Maybe Norman Sirach. Sirach's book was
[01:28:12.040 --> 01:28:17.640]  recommended by Krieger when I was looking around. It's different stuff. And I bought Sirach's book.
[01:28:17.640 --> 01:28:22.840]  Do you guys know of a successful application? He pretty much has something in there suggesting
[01:28:22.840 --> 01:28:25.560]  here's the way to go about doing- Never heard of him.
[01:28:25.560 --> 01:28:30.920]  The merchant market. No? I know Dave Krieger, but I've never heard of Sirach.
[01:28:32.200 --> 01:28:37.400]  Yeah. Okay. Well, then I'll- Can you send me a link to him?
[01:28:37.400 --> 01:28:43.080]  Yes, sir. I will, if you want. Where would you like it sent? I'll send you anything you want.
[01:28:43.720 --> 01:28:53.160]  Randy at Rule of Law Radio. Okay. This I will do. And you know, if what I have might be helpful
[01:28:53.160 --> 01:29:00.360]  to anybody else that you guys are helping, I'll send you the means to take a look at everything
[01:29:00.360 --> 01:29:03.960]  I have in my file. And- Okay.
[01:29:03.960 --> 01:29:07.880]  Very appreciated. Thank you both. I would appreciate that. Thank you.
[01:29:07.880 --> 01:29:12.520]  Thank you. Thank you for the good that you do. I know you don't do it just for fun,
[01:29:12.520 --> 01:29:19.080]  but I know you love it too. Yeah, we don't have lives outside of this.
[01:29:22.120 --> 01:29:25.720]  Thank you for calling in tonight, Matthew. Thanks, Jens.
[01:29:26.840 --> 01:29:32.040]  Oops. I'm sorry. I hung up on him a little too quick. You want to go to Matthew in Texas?
[01:29:32.040 --> 01:29:36.520]  Let's go to Matthew in Texas. Let's do that after we come back
[01:29:36.520 --> 01:29:41.160]  from your break. We have another Matthew in Texas waiting in the wings. And Matthew,
[01:29:41.160 --> 01:29:45.160]  your time has come, but unfortunately we're going to break. So we'll be back after these
[01:29:45.160 --> 01:29:53.000]  brief messages, folks. And there is room to get on. 512-646-1984. We'll get you there.
[01:29:53.000 --> 01:30:02.840]  We'll see you on the other side. Stay tuned.
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[01:33:28.760 --> 01:33:39.960]  Okay, we are back. We are talking to Matt in Texas. Hello, Matt.
[01:33:41.480 --> 01:33:46.360]  Hey, I'll give you two a background story if you ask for it, but I'm not going to
[01:33:47.240 --> 01:33:53.560]  use it to airwaves by just giving you the small drawn out explanation of things as necessary.
[01:33:53.560 --> 01:33:57.240]  Okay, wait, hold on. I'm having a little trouble understanding you.
[01:33:57.240 --> 01:34:00.200]  You're kind of breaking up. Are you on a cell phone?
[01:34:01.560 --> 01:34:05.160]  Yes, I am on a cell phone. Yeah, you got a weak signal, dude.
[01:34:07.320 --> 01:34:09.400]  Is this better? There you go.
[01:34:09.960 --> 01:34:14.440]  There you go. Okay. Hey, okay. So like I said, I'm not going to give you... I'll give you the
[01:34:14.440 --> 01:34:19.880]  background story if you need it, but if not, I'm not going to waste my time explaining everything
[01:34:19.880 --> 01:34:28.120]  leading up to it. But I got a call from the Harris County Criminal Court of Law regarding an appeal
[01:34:28.680 --> 01:34:37.480]  of mine and they said that I need to come in for an abatement hearing. I don't know
[01:34:37.480 --> 01:34:44.520]  exactly what an abatement hearing is and... To abate something means to put it on pause.
[01:34:44.520 --> 01:34:53.800]  So you need more. Just saying an abatement hearing is not enough to allow you to prepare for a hearing.
[01:34:54.600 --> 01:35:00.120]  Has the... Is this a civil or criminal appeal? Criminal.
[01:35:00.120 --> 01:35:05.400]  The criminal. Okay. Do you have a lawyer?
[01:35:07.000 --> 01:35:11.960]  No. Has the prosecutor given you notice of an appearance?
[01:35:11.960 --> 01:35:17.960]  No. Well, I haven't checked my mail recently since they gave me a call, but I have not yet
[01:35:17.960 --> 01:35:24.440]  received anything in the mail that I know of. How many days do you have before the hearing?
[01:35:25.080 --> 01:35:28.920]  Fourteen. Oh, okay. You've got time, dude. I think
[01:35:28.920 --> 01:35:33.720]  they only have to give you seven days, dude. I don't know. I'm criminal.
[01:35:33.720 --> 01:35:41.000]  I don't know. I'm criminal. Okay. So right now an abatement hearing, I'm
[01:35:41.000 --> 01:35:48.840]  wondering what they could be of trying to abate. Well, this is the other thing, dude. They denied
[01:35:48.840 --> 01:35:55.400]  my appeal basically because I couldn't... They wanted $775 plus filing fees for me to
[01:35:55.400 --> 01:36:04.520]  appeal my speeding ticket to the 14th District Court of Appeals. And they denied my... What is
[01:36:04.520 --> 01:36:07.960]  it called? Informed... Affidavit of informal paupers.
[01:36:07.960 --> 01:36:10.360]  David of inability to pay. They denied that. Yeah.
[01:36:10.360 --> 01:36:14.680]  So I basically said, okay, fine. Well, they say screw you. Then I say screw them too.
[01:36:14.680 --> 01:36:21.800]  And I didn't pay the fine or anything like that. Did they... Why did they deny your
[01:36:21.800 --> 01:36:25.160]  paupers affidavit? I don't know. I don't know.
[01:36:25.160 --> 01:36:30.520]  The judge signed it. The judge denied it. She just did. The judges don't give explanations
[01:36:30.520 --> 01:36:33.720]  today. They just do it. Well, sometimes they do.
[01:36:35.160 --> 01:36:38.120]  Well, yeah. You can always ask for findings of
[01:36:38.120 --> 01:36:42.600]  fact and conclusions. Yes. You want to know why.
[01:36:45.400 --> 01:36:51.640]  Did you give your financials to the court? I didn't present them with any proof
[01:36:51.640 --> 01:36:54.040]  of income or anything like that. But in my informed...
[01:36:54.040 --> 01:36:58.600]  That's why. Paupers, I explained that I have...
[01:36:59.400 --> 01:37:06.440]  Okay. Wait a minute. Let's go back. Let's go back. You can go online and get a template
[01:37:09.880 --> 01:37:17.560]  affidavit of inability to pay court costs. In that template, they will ask for an accounting
[01:37:17.560 --> 01:37:28.840]  of your bills. What bills do you have? Sort of a miniature accounting. They want
[01:37:28.840 --> 01:37:34.040]  to know if you make enough money or if you rather... You don't make enough money
[01:37:35.000 --> 01:37:42.760]  to pay the filing fee. If it turns out that your debt to income ratio is not high enough,
[01:37:42.760 --> 01:37:47.560]  then you're not going to qualify. You're going to have to come up with filing fee.
[01:37:47.560 --> 01:37:52.520]  Well, the one I used was Eddie. So I assumed that it was...
[01:37:52.520 --> 01:37:58.680]  Okay. Okay. That's trustworthy. Anyway, they denied it. But then they
[01:37:58.680 --> 01:38:02.040]  called me back and said they're going to have an abatement hearing, which is odd to me because
[01:38:02.840 --> 01:38:09.000]  when I looked up the abatement action and abatement, they all kind of hinted at a dismissal
[01:38:09.000 --> 01:38:16.920]  or a quash. Okay. Yeah. They're going to abate the appeal because you didn't file the filing fee.
[01:38:18.680 --> 01:38:26.680]  An abatement is an odd thing to do here. They've most likely asked to dismiss the appeal for
[01:38:28.040 --> 01:38:36.120]  failure to pay the fees. What they may be doing is abating the proceeding
[01:38:36.120 --> 01:38:40.120]  to give you time to come up with the money because that's what they really want is the money.
[01:38:43.480 --> 01:38:47.720]  So you're not sure of what exactly the case would be?
[01:38:49.720 --> 01:38:53.000]  You have an appeal. Yeah. All we can do is assume
[01:38:53.560 --> 01:38:58.920]  right now as to what they're abating unless you... Do you have that document there in front of you?
[01:38:58.920 --> 01:39:06.760]  No, I don't have anything staying. This was a phone call they made. I don't have any papers.
[01:39:06.760 --> 01:39:12.600]  I'm trying to figure out why they would abate. I haven't been in town for a couple of days.
[01:39:13.720 --> 01:39:18.360]  That's fine. Okay. I'm trying to figure out why they would
[01:39:20.040 --> 01:39:24.040]  file an abatement hearing in the studio of a dismissal.
[01:39:24.040 --> 01:39:30.680]  Yeah. That's what I said. I was found guilty. I appealed it. Well, I tried to appeal it,
[01:39:30.680 --> 01:39:37.320]  but I didn't, I guess, get all the way through because I didn't pay the court costs and everything.
[01:39:37.320 --> 01:39:41.560]  So now the abatement comes up. That's what I'm saying. It's odd. It's strange to me.
[01:39:41.560 --> 01:39:45.160]  And that's what I was calling about because I didn't understand.
[01:39:45.160 --> 01:39:54.120]  Yeah. They're probably trying to abate the appeal to give you time to come up with the $700.
[01:39:55.720 --> 01:40:00.440]  Okay. And it was also ordered by the 14th District Court of Appeals too. It wasn't just
[01:40:00.440 --> 01:40:05.880]  the... Well, that's what the lady at the courthouse said. Okay.
[01:40:05.880 --> 01:40:08.520]  14th District Court of Appeals ordered an abatement hearing.
[01:40:08.520 --> 01:40:19.480]  Okay. That's probably why this court doesn't want to deny you access to the court
[01:40:19.480 --> 01:40:26.120]  until they're sure that you are not going to pay the filing fee.
[01:40:26.120 --> 01:40:31.880]  Wait a minute. This isn't... Okay. Hang on. I want to jump fence here for just a second.
[01:40:31.880 --> 01:40:37.640]  This is an appeal, right? Okay.
[01:40:39.960 --> 01:40:46.840]  Okay. On the civil side, and now when I say I want to jump the fence, on the civil side,
[01:40:47.720 --> 01:40:54.280]  if you cannot afford the filing fee for a civil appeal, that would not be done with an impoverished
[01:40:54.280 --> 01:41:04.040]  affidavit. That would be done with a supersidious bond. My question to you, Randy, do you know if
[01:41:04.040 --> 01:41:14.040]  a supersidious bond would be sufficient in a criminal appeal? I have absolutely no idea.
[01:41:14.040 --> 01:41:24.680]  Okay. Look into that, Matthew. Okay. You may be asking for something,
[01:41:24.680 --> 01:41:30.920]  but you're asking for the wrong thing and the court's not going to tell you what to ask for.
[01:41:35.880 --> 01:41:39.880]  I don't even know who to ask down there at the court because none of them are going to... They're
[01:41:39.880 --> 01:41:45.080]  all in on it and none of them are going to be forthright with you and I'm not very familiar
[01:41:45.080 --> 01:41:57.240]  with the criminal code, but I do know that a supersidious bond will satisfy court costs and
[01:41:57.240 --> 01:42:10.520]  filing fees for a civil appeal. Let's see if that supersidious bond is applicable in criminal appeals.
[01:42:10.520 --> 01:42:18.200]  Need to find that out somewhere. So an abatement is never anything about dismissal or anything
[01:42:18.200 --> 01:42:24.200]  like that? No. They're pushing the pause button on the appeal for some reason, and I agree with
[01:42:24.200 --> 01:42:31.320]  Randy, probably so that you can either one, come up with the money or two, ask the court for the
[01:42:31.320 --> 01:42:39.880]  right thing. Yeah. Okay. I'm not saying that that's the right thing. I'm saying that might be an
[01:42:39.880 --> 01:42:48.840]  alternative to coming up with the cash bond. Are you familiar with Eddie Craig's traffic
[01:42:48.840 --> 01:42:55.560]  show on Monday? Yeah. That's where he got the popper's affidavit from Eddie's material. Yeah,
[01:42:55.560 --> 01:43:00.680]  he's familiar. What would a cash bond be for? Because I already put in a bond. That's already
[01:43:00.680 --> 01:43:06.120]  been taken care of because actually the court wrote me a personal bond. They literally drafted
[01:43:06.120 --> 01:43:10.520]  one for me and gave it to me because I told them that I didn't have to pay that I could give them
[01:43:10.520 --> 01:43:14.680]  a personal bond in order to appeal it to the 14th district. They said, no, you can't. No, you can't.
[01:43:14.680 --> 01:43:19.320]  I fought the judge for two weeks. Okay. Hold on. You need to say that different. Finally, the judge
[01:43:19.320 --> 01:43:24.200]  wrote one up for me, not right in front of me, but their legal counsel did it, and then she gave it
[01:43:24.200 --> 01:43:33.240]  to me. Okay. We get that. Okay. Hold on. Hold on. Hang on there, Maggie. Randy. You're saying bond,
[01:43:33.240 --> 01:43:45.800]  bail bond. Look under Chapter 17, under bail bond. A bail bond doesn't involve any money. It involves
[01:43:45.800 --> 01:43:50.840]  the written agreement between you and the court. Hang on. Randy Kelton, Steve Spidmore, we'll
[01:43:50.840 --> 01:43:56.840]  remove our radio. I'll call it number 512-646-1984. We'll be right back.
[01:43:56.840 --> 01:44:03.880]  Okay. You feel tired when talking about important topics like money and politics?
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[01:46:25.160 --> 01:46:47.560]  Okay, we are back. We're talking to Matt in Texas and look up Chapter 17 Code of Criminal Procedure,
[01:46:47.560 --> 01:46:57.560]  Bail Bond. You can, under the Texas Constitution, you have the right to bail, not to bond.
[01:46:58.920 --> 01:47:06.200]  And bail is a written undertaking between you and the state wherein you attest to the state that you
[01:47:06.200 --> 01:47:12.920]  are worth, exclusive of all encumbrances, at least twice the amount of the bail set.
[01:47:12.920 --> 01:47:21.720]  And in the event of a failure to appear, you agree to render to the court twice the amount of the bail
[01:47:21.720 --> 01:47:29.880]  set, the amount of the bail set and the cost of re-incarcerating you. That is a-
[01:47:29.880 --> 01:47:31.880]  Are you claiming that there is no arrest?
[01:47:31.880 --> 01:47:42.680]  That is a- In all the events and there's no arrest? Oh, yeah, even so, you weren't actually, you were
[01:47:42.680 --> 01:47:47.480]  arrested and you were under arrest until you decided to promise to appear.
[01:47:47.480 --> 01:47:54.760]  Yes, but not in death. And then you were essentially put on a personal cognizance bond.
[01:47:54.760 --> 01:48:05.880]  So that's a bail, we don't have to put anything up. Now you can post a bail bond to assure payment
[01:48:05.880 --> 01:48:13.800]  of all of these costs because that's all the bond is for. That's constitutional, but they treat bond
[01:48:13.800 --> 01:48:20.520]  as if they have a right to demand that you give them money. So you won't know any of this if you
[01:48:20.520 --> 01:48:27.880]  win. So it's purpose of bail is you make the promise to pay and nobody pays until it's over.
[01:48:30.840 --> 01:48:33.800]  Certainly an issue to take up with Eddie.
[01:48:35.800 --> 01:48:38.840]  Yeah, okay. Well, I'll see him on Sunday, so.
[01:48:38.840 --> 01:48:49.080]  Okay. If you ask him about that, you might write up a bail bond out of the code and cover it up.
[01:48:49.080 --> 01:48:54.920]  Code and carry it with you. So if they arrest you, you just sign it. Here you go, Bubba.
[01:48:56.680 --> 01:49:00.760]  And let them refuse to take it and that gives you a good constitutional challenge.
[01:49:02.360 --> 01:49:05.640]  Yeah. Okay.
[01:49:07.320 --> 01:49:08.520]  Okay, good luck.
[01:49:08.520 --> 01:49:11.720]  I mean, it's up to you on the offense though. I mean, we're not supposed to do that anyway, but.
[01:49:11.720 --> 01:49:18.440]  Okay, but that's the best I can do when we can do an abatement. I'm not
[01:49:18.440 --> 01:49:23.160]  here to have no idea of what it could be. So, okay, we have one more caller. Thank you, Matt.
[01:49:23.160 --> 01:49:24.280]  Okay, thanks. Bye.
[01:49:25.480 --> 01:49:29.000]  Now we're going to Enrique in Texas. Hello, Enrique.
[01:49:30.680 --> 01:49:31.880]  Hello, Mr. Galpin.
[01:49:32.600 --> 01:49:36.680]  Hello. I hear you're living in a pop-up camper now.
[01:49:36.680 --> 01:49:41.960]  No, that's what you get for giving a lawyer all your money.
[01:49:43.720 --> 01:49:45.880]  Oh, hell, isn't that what we all are?
[01:49:48.760 --> 01:49:58.920]  Okay. A lot of folks here know Jane Shin and I think she owes it to everybody for you to tell
[01:49:58.920 --> 01:50:11.080]  your story. She does, huh? Well, it's like this. I am here, there, and everywhere. I am living,
[01:50:11.080 --> 01:50:18.520]  like you say, living in a pop-up camper with my dogs. Now where do I go? And do I have grounds
[01:50:18.520 --> 01:50:26.120]  for appeal? Do I have, what do I have left? Your appeal is going to have to be timely. How long
[01:50:26.120 --> 01:50:31.880]  has, how long has it been since judgment was rendered?
[01:50:33.720 --> 01:50:34.440]  30 days.
[01:50:36.360 --> 01:50:37.480]  It's been 30 days?
[01:50:38.520 --> 01:50:42.280]  Okay. This was Jane Shin was supposed to file the appeal. Is that correct?
[01:50:44.280 --> 01:50:47.240]  Yes. And she didn't file the appeal?
[01:50:48.840 --> 01:50:55.800]  No. Okay. You won't be able to pry your way back in the house immediately,
[01:50:55.800 --> 01:51:00.920]  then? Because she's screwed that up for you. No, the house is for sale already.
[01:51:02.360 --> 01:51:05.160]  Yeah. I said I...
[01:51:06.200 --> 01:51:07.160]  Okay. You're...
[01:51:07.160 --> 01:51:08.760]  I'm at the point where...
[01:51:12.760 --> 01:51:15.000]  Go ahead. Say that again.
[01:51:15.000 --> 01:51:23.080]  I'm pretty much screwed on this deal. I mean, I've tried every avenue of going the correct way
[01:51:23.080 --> 01:51:26.440]  and no one gives a damn and no one listens.
[01:51:29.320 --> 01:51:39.640]  I know the problem. Okay. Part of this is you've got to do some of the homework. You've got to
[01:51:39.640 --> 01:51:43.960]  figure this out yourself. You've been fighting this how long now?
[01:51:45.960 --> 01:51:46.600]  Four years.
[01:51:46.600 --> 01:51:59.560]  Okay. Wait a minute. Bill of review. Look into
[01:52:02.040 --> 01:52:13.320]  bill of review. If you had counsel and your counsel did not act as counsel should have,
[01:52:13.320 --> 01:52:18.360]  then you can show that it was not your fault that you didn't follow through. I don't know
[01:52:18.360 --> 01:52:26.840]  if a bill of review would... No. No. Did you have a default judgment rendered against you?
[01:52:28.840 --> 01:52:35.400]  Well, all it was is no one... I never got a hearing on anything. Never got a hearing.
[01:52:35.400 --> 01:52:38.920]  No. Okay. Did you... Oh, you never got a hearing?
[01:52:40.200 --> 01:52:41.800]  On nothing. I like that.
[01:52:41.800 --> 01:52:45.080]  If you never got a hearing, what are you appealing?
[01:52:46.920 --> 01:52:50.600]  I'm appealing on the fact that they never showed jurisdiction on anything.
[01:52:51.160 --> 01:52:54.120]  No. Okay. Then there would have been a hearing.
[01:52:55.480 --> 01:52:57.320]  Yeah. There was a hearing. He wasn't noticed.
[01:52:58.200 --> 01:53:04.280]  Okay. I'm not talking about the... Hang on. I'm not talking about the appeal right now.
[01:53:04.280 --> 01:53:07.400]  I'm talking about what led up to the cause to appeal.
[01:53:07.400 --> 01:53:14.360]  So, was the cause you were appealing on a default judgment?
[01:53:16.280 --> 01:53:18.120]  Yes. Okay.
[01:53:20.760 --> 01:53:28.360]  A bill of review may be available to you if you can show a meritorious defense.
[01:53:30.520 --> 01:53:34.520]  Hear me out. If you can show a meritorious defense
[01:53:34.520 --> 01:53:38.920]  and you can show that the default was not by your own negligence,
[01:53:39.960 --> 01:53:43.800]  those are two of the essential elements that you will have to prove to the court
[01:53:43.800 --> 01:53:46.920]  in order to have your bill of review granted by the court.
[01:53:48.200 --> 01:53:56.680]  The bill of review is a very close kin to a motion to rehear. Okay?
[01:53:56.680 --> 01:54:06.280]  Okay. So, if you hired counsel and counsel did not act as counsel was paid to act, in fact,
[01:54:06.280 --> 01:54:19.640]  did nothing, then that was not your fault. If, in other words, had you decided not to hire counsel,
[01:54:19.640 --> 01:54:23.000]  you would have been more on the ball and filed your appeal timely.
[01:54:23.000 --> 01:54:34.120]  So, get a good grasp on your situation and read the elements for bill of review in the state of Texas.
[01:54:36.120 --> 01:54:43.640]  And don't try to baffle yourself. Ask yourself, honestly, am I entitled to this?
[01:54:44.760 --> 01:54:50.600]  When I say, ask yourself, am I entitled to this? That's another way of saying,
[01:54:50.600 --> 01:54:57.240]  am I satisfying all of these essential elements? All of the things that I have got to prove,
[01:54:58.120 --> 01:55:08.120]  can I prove them? I did an evaluation on his, he was one of the early ones I did an evaluation on.
[01:55:08.920 --> 01:55:19.240]  Okay. And the documentation was a mess. He helped him file a suit and that kept him in the property
[01:55:19.240 --> 01:55:27.640]  for almost four years, three and a half years or so. And then I couldn't pursue. So, he hired
[01:55:27.640 --> 01:55:31.480]  this lawyer and the lawyer just screwed up everything. Okay.
[01:55:31.480 --> 01:55:36.520]  These guys on a wrong foreclosure, he's got a real good fit.
[01:55:36.520 --> 01:55:43.480]  Okay. So, if he has a meritorious defense, that is one of the essential elements satisfied.
[01:55:43.480 --> 01:55:48.280]  The other essential, one of the other essential elements that you're going to have to satisfy,
[01:55:48.280 --> 01:55:58.360]  Enrique, is that you did not miss a hearing or you did not receive a default judgment
[01:55:58.360 --> 01:56:04.120]  because of your own negligence. I never got notice.
[01:56:05.400 --> 01:56:08.360]  Yeah. That's then, that's not your own negligence.
[01:56:08.360 --> 01:56:13.880]  I got a default notice because I never got notice. Okay.
[01:56:13.880 --> 01:56:19.640]  I never got notice. I didn't get notice. I am totally broke. I'm living in a pop-up trailer
[01:56:19.640 --> 01:56:30.840]  with my dog. No money, no one listens. What the hell do I do now? I'm divorced. I mean, I'm screwed.
[01:56:30.840 --> 01:56:39.080]  Any way you look at it, I am gone. It's not right. It has never been right. I just want to know,
[01:56:39.080 --> 01:56:44.120]  I'm not going to give up. I need to fight these sons of bitches. Excuse my language.
[01:56:45.560 --> 01:56:47.640]  But it's not right. Okay. We got to watch that.
[01:56:48.680 --> 01:56:56.200]  But to the best of my knowledge, being that you're impoverished,
[01:56:56.200 --> 01:57:04.440]  to the best of my knowledge, being that you're impoverished, you can file a
[01:57:09.000 --> 01:57:13.400]  file for equitable bill of review if you can satisfy all the elements
[01:57:14.440 --> 01:57:18.680]  and use a pauper's affidavit to cover the filing fees.
[01:57:20.440 --> 01:57:24.680]  They didn't cover that the first time. They won't. They just don't listen to someone that
[01:57:24.680 --> 01:57:33.880]  does have no money. They don't care. It's just, I mean, how do you fight the big guys
[01:57:33.880 --> 01:57:39.800]  when you are a little fish? It's not easy, but I've been doing it for five years.
[01:57:41.640 --> 01:57:46.840]  And I know that's why I need help. No one, you know, I just can't.
[01:57:46.840 --> 01:57:57.720]  Okay. Enrique, call me Monday. We already have that set up. And I'll get something going.
[01:57:58.600 --> 01:58:04.440]  I'll try to get out of this, but we've been working together a long time.
[01:58:05.800 --> 01:58:08.120]  I'll see what I can do to get you out of this mess.
[01:58:09.800 --> 01:58:11.800]  Okay. I appreciate it, Randy. Thank you, sir.
[01:58:11.800 --> 01:58:20.280]  You're welcome. Take care. Okay. Thank you all. Thank you all for listening. This is
[01:58:20.280 --> 01:58:30.200]  Randy Kelton. We're finishing up this four-hour info marathon. We'll be back next Thursday at
[01:58:30.200 --> 01:58:38.200]  8 p.m. for a two-hour show and then another four-hour show the next Friday. Be sure to
[01:58:38.200 --> 01:58:44.840]  tune in for Eddie Craig's Traffic Show on Monday. Thank you all for listening and good night.
[01:58:45.480 --> 01:58:46.040]  Good night, all.
[01:58:50.280 --> 01:58:56.760]  Bibles for America is offering absolutely free a unique study Bible called the New Testament
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