ROL_2014-08-15_16k_Hr1-2.timecode

[00:09.120 --> 00:13.640]  I'm Brian Hagin with your Liberty Beat for Friday, August 15th, 2014.
[00:13.640 --> 00:21.680]  Gold opened today at $1,304, silver opened at $19.60, and bitcoin is trading around $509.33.
[00:21.680 --> 00:26.140]  Support for the Liberty Beat comes from Roberts & Roberts Brokerage Inc., specializing in
[00:26.140 --> 00:29.020]  precious metals since 1977.
[00:29.020 --> 00:34.880]  Online at rrbi.co or by phone at 800-874-9760.
[00:34.880 --> 00:38.840]  In the news, on Thursday, Missouri Governor Jay Nixon announced the Missouri State Highway
[00:38.840 --> 00:41.860]  Patrol will handle policing of Ferguson, Missouri.
[00:41.860 --> 00:46.120]  The site of large protests and police violence since a police officer shot 18-year-old Mike
[00:46.120 --> 00:48.920]  Brown to death on Saturday.
[00:48.920 --> 00:52.920]  News Channel 5 also reported the FBI would be taking over the investigation into the
[00:52.920 --> 00:53.920]  shooting.
[00:53.920 --> 00:57.440]  The FBI will handle all operations, protests, and other activities.
[00:57.440 --> 01:00.880]  Local police will operate under the direction of the FBI.
[01:00.880 --> 01:04.480]  Governor Nixon said the police should release the name of the officer accused of shooting
[01:04.480 --> 01:05.480]  Brown.
[01:05.480 --> 01:10.160]  Nixon also stated that Ferguson resembled a war zone.
[01:10.160 --> 01:14.160]  On Thursday, press freedom organizations held a press conference in support of New York
[01:14.160 --> 01:16.160]  Times reporter James Risen.
[01:16.160 --> 01:20.040]  The U.S. Department of Justice is attempting to compel Risen to testify against former
[01:20.040 --> 01:25.920]  CIA employee Jeffrey Sterling, who they accuse of leaking classified information to Risen.
[01:25.920 --> 01:30.760]  Risen is the author of the 2006 book State of War, which describes the CIA's efforts
[01:30.760 --> 01:33.480]  to interrupt the Iranian nuclear program.
[01:33.480 --> 01:38.660]  The groups presented a petition of more than 100,000 signatures asking the Justice Department
[01:38.660 --> 01:41.040]  to quit their pursuit of Risen.
[01:41.040 --> 01:45.680]  If Risen does not testify against Sterling, he will face jail time and fines.
[01:45.680 --> 01:48.920]  The conference is organized by the Committee to Protect Journalists, the Freedom of the
[01:48.920 --> 01:53.500]  Press Foundation, the Government Accountability Project, the Reporters Committee for Freedom
[01:53.500 --> 01:58.440]  of the Press, and Reporters Without Borders.
[01:58.440 --> 02:03.840]  An eBay subsidiary, Braintree Payments, is exploring Bitcoin acceptance, the Wall Street
[02:03.840 --> 02:05.280]  Journal reports.
[02:05.280 --> 02:09.160]  Braintree Payments is part of PayPal, which is owned by eBay.
[02:09.160 --> 02:14.360]  PayPal executives have reportedly been meeting with Coinbase, a Bitcoin merchant processor,
[02:14.360 --> 02:17.100]  about accepting Bitcoin on the Braintree network.
[02:17.100 --> 02:19.320]  At this time, no agreements have been made.
[02:19.320 --> 02:25.800]  eBay CEO John Donahoe is headed at the potential for Bitcoin integration in the past.
[02:25.800 --> 02:30.400]  Support for the Liberty Beat comes from Brave New Books, your local source for all things
[02:30.400 --> 02:31.400]  Bitcoin.
[02:31.400 --> 02:37.120]  Now hosting a Bitcoin ATM, located in Austin, Texas at 1904 Guadalupe Street, or online
[02:37.120 --> 02:39.320]  at bravenewbookstore.com.
[02:39.320 --> 02:41.920]  And support comes from the notorious activist Michael Cargill.
[02:41.920 --> 02:48.120]  He has a new show called Come and Talk It, live Sunday afternoons, 4 p.m. on 1370 a.m.
[02:48.120 --> 02:49.120]  in Austin.
[02:49.120 --> 02:52.280]  It's 1370 a.m., Sundays at 4.
[02:52.280 --> 02:56.960]  This is the Liberty Beat for Friday, August 15th, 2014.
[02:56.960 --> 03:22.320]  Check out the website at thelibertybeat.com.
[03:26.960 --> 03:56.140]  And I wanted to start out by talking about our
[03:56.140 --> 04:00.440]  illustrious governor.
[04:00.440 --> 04:05.380]  He is such a symbol of honor and integrity.
[04:05.380 --> 04:07.080]  And he always has been.
[04:07.080 --> 04:11.780]  You're talking about James Richard Perry, is that right?
[04:11.780 --> 04:12.780]  That one?
[04:12.780 --> 04:14.600]  That's the one.
[04:14.600 --> 04:20.560]  I'm talking about the one that just got indicted.
[04:20.560 --> 04:25.240]  He should have known better than to mess with the district attorney.
[04:25.240 --> 04:35.400]  I mean, Ron Earl, he took out Tom DeLay, the second highest level political official in
[04:35.400 --> 04:37.400]  the country.
[04:37.400 --> 04:43.120]  And the Travis County district attorney took him out, and nobody ever filed a criminal
[04:43.120 --> 04:46.600]  complaint against Tom DeLay.
[04:46.600 --> 04:50.440]  Let's bring folks up to speed on this.
[04:50.440 --> 04:54.760]  Rosemary Limburg, am I saying that right?
[04:54.760 --> 04:57.320]  I think it's Limburg.
[04:57.320 --> 05:00.760]  Okay, Limburg, whichever.
[05:00.760 --> 05:08.000]  Our DA, district attorney here in Travis County, was arrested recently for driving under the
[05:08.000 --> 05:12.160]  influence of alcohol, DUI or DWI.
[05:12.160 --> 05:20.320]  She had promised to resign, but only after the election.
[05:20.320 --> 05:32.760]  And you can go to KXAN, that's KXAN.com, and pull up the local newsfeed about that.
[05:32.760 --> 05:35.120]  I believe it's on YouTube.
[05:35.120 --> 05:46.120]  But Perry stepped in and decided that he would withhold funds to try to get her as leverage
[05:46.120 --> 05:51.840]  to get her to resign.
[05:51.840 --> 05:59.240]  And they charged him, he was charged with interfering with a public servant.
[05:59.240 --> 06:00.240]  Felony.
[06:00.240 --> 06:06.480]  She was, she was charged with felony, okay.
[06:06.480 --> 06:11.760]  Mr. Perry will be arraigned at a later date at the county criminal courthouse a few blocks
[06:11.760 --> 06:13.080]  from the governor's mansion.
[06:13.080 --> 06:17.520]  Mr. Crum said it was a matter of procedure that anyone charged with a felony will have
[06:17.520 --> 06:21.840]  to be booked in, including the governor.
[06:21.840 --> 06:24.280]  Okay.
[06:24.280 --> 06:33.280]  The problem he had was that Perry was elected by the citizens of the state of Texas.
[06:33.280 --> 06:40.560]  Limburg was elected by the citizens of the county of Travis, and she stood as a public
[06:40.560 --> 06:43.840]  official in her own right.
[06:43.840 --> 06:47.520]  You can't mess with elected officials.
[06:47.520 --> 06:50.280]  They have their own authority.
[06:50.280 --> 06:54.280]  And if you try to interfere with that authority, this is what you get.
[06:54.280 --> 07:02.520]  And I'm astounded that we actually got a Republican governor indicted.
[07:02.520 --> 07:03.520]  This is incredible.
[07:03.520 --> 07:04.520]  Mm-hmm.
[07:04.520 --> 07:09.200]  Limburg's a Democrat, is she not?
[07:09.200 --> 07:12.120]  Yes, she is.
[07:12.120 --> 07:21.040]  And Limburg, apparently, there's some issues here where she was investigating a, let me
[07:21.040 --> 07:28.000]  get down here and find it, there was a cancer, some kind of cancer commission that was being
[07:28.000 --> 07:35.600]  investigated by the public integrity unit, and I'll get to the problem with public
[07:35.600 --> 07:45.440]  integrity unit in a little bit, but this was something that was a pet project of the governor.
[07:45.440 --> 07:52.120]  And there was indication that there was, here it is.
[07:52.120 --> 07:57.360]  At the time of Mr. Perry's veto last year, prosecutors in the unit had been investigating
[07:57.360 --> 08:03.480]  a state agency called the Cancer Prevention and Research Institute of Texas.
[08:03.480 --> 08:10.600]  The agency, one of Perry's signature initiatives, came under scrutiny by lawmakers after accusations
[08:10.600 --> 08:12.480]  of mismanagement and corruption.
[08:12.480 --> 08:20.960]  A former official there was indicted last year for his handling of an $11 million grant.
[08:20.960 --> 08:26.880]  Mr. Perry's critics accused him of using Ms. Limburg's arrest to try to dismantle
[08:26.880 --> 08:32.800]  the public corruption squad, to thwart the investigation into the cancer research agency,
[08:32.800 --> 08:37.040]  and to seize an opportunity to take down a prominent Democrat.
[08:37.040 --> 08:43.860]  The public corruption unit has been scaled down, but continues its work largely using
[08:43.860 --> 08:45.680]  county funding, financing.
[08:45.680 --> 08:52.720]  Well, okay, let me go ahead and read the rest of this before I go to the public integrity
[08:52.720 --> 08:54.440]  unit.
[08:54.440 --> 09:00.340]  The governor has a legitimate statutory role in the legislative process, said Craig McDonald,
[09:00.340 --> 09:07.360]  the director and founder of Texans for Public Justice, the group that filed the original
[09:07.360 --> 09:08.360]  complaint.
[09:08.360 --> 09:13.640]  The governor had no authority over the district attorney's job, but Mr. Perry's supporters
[09:13.640 --> 09:19.720]  said the accusations amounted to an attempt to criminalize politics.
[09:19.720 --> 09:25.040]  Well, duh.
[09:25.040 --> 09:28.160]  What politician's not a criminal?
[09:28.160 --> 09:32.560]  I thought that was a prerequisite.
[09:32.560 --> 09:37.200]  Republican lawmakers had attempted for years to strip the public corruption unit of state
[09:37.200 --> 09:42.840]  financing, accusing it of politically motivated prosecutions.
[09:42.840 --> 09:45.080]  Are these guys brain dead?
[09:45.080 --> 09:52.640]  I read this and I think, doesn't anybody ever read the book?
[09:52.640 --> 09:53.640]  No.
[09:53.640 --> 10:07.160]  A public integrity unit amounts to conspiracy to breach article 2.03 code of criminal procedure.
[10:07.160 --> 10:10.880]  There is no other way to look at it.
[10:10.880 --> 10:12.520]  How so?
[10:12.520 --> 10:18.820]  Article 2.03 says that when the prosecuting attorney is made known in any manner that
[10:18.820 --> 10:23.440]  a public official has violated a law relating to his office, he shall reduce complaint from
[10:23.440 --> 10:27.040]  information submitted to the grand jury forthright.
[10:27.040 --> 10:34.720]  He has absolutely no discretion to examine into it, to make a determination about it,
[10:34.720 --> 10:36.720]  to do any of that stuff.
[10:36.720 --> 10:43.440]  The legislature, in its wisdom, determined that the prosecuting attorney, the district
[10:43.440 --> 10:52.440]  attorney, should not be put in a position so as to make determinations of this nature
[10:52.440 --> 10:56.280]  concerning people he worked with.
[10:56.280 --> 10:58.640]  So they forbade him to do that.
[10:58.640 --> 11:11.200]  Now keep in mind, this is not some 2936-052 statute, 2.03, right up there at the front,
[11:11.200 --> 11:16.400]  2.01 says it shall be the primary duty of the prosecuting attorney not to secure conviction,
[11:16.400 --> 11:23.620]  but to ensure that justice is served, he shall not seek with evidence that may show the innocence
[11:23.620 --> 11:26.040]  of the accused or mitigate the guilt of the accused.
[11:26.040 --> 11:32.040]  Okay, well that's really nice high-minded rhetoric, but it really doesn't tell the prosecutor
[11:32.040 --> 11:36.120]  to do anything in particular.
[11:36.120 --> 11:44.480]  2.02 says that, tells the district attorney what kinds of cases he will handle and the
[11:44.480 --> 11:54.600]  county attorney what kind of cases he will handle, 2.03, the very first one that places
[11:54.600 --> 11:59.800]  a very specific duty on the prosecutor.
[11:59.800 --> 12:06.860]  When he's made known that a public official has violated a law, he is to reduce the complaint
[12:06.860 --> 12:10.600]  to an information and submit it to the grand jury.
[12:10.600 --> 12:14.580]  What in the heck is he doing with the public integrity unit?
[12:14.580 --> 12:17.080]  That's what the grand jury is for.
[12:17.080 --> 12:18.320]  Exactly.
[12:18.320 --> 12:23.620]  So that's conspiracy to commit on its face.
[12:23.620 --> 12:26.220]  These Republicans are trying to get rid of it.
[12:26.220 --> 12:27.720]  Are you guys all brain dead?
[12:27.720 --> 12:29.600]  I thought you guys were all lawyers.
[12:29.600 --> 12:35.080]  Why don't you get a law clerk to show you what the problem is, guys?
[12:35.080 --> 12:37.360]  All they have to do is look at the code.
[12:37.360 --> 12:41.560]  What would be the benefit to the politicians?
[12:41.560 --> 12:46.960]  Not the benefit to the public, because I don't see one, but how would it benefit politicians
[12:46.960 --> 12:50.040]  to have a public integrity unit?
[12:50.040 --> 12:57.680]  Well, now, I don't know, well, because now the prosecutor becomes a hub of power.
[12:57.680 --> 12:58.680]  Right.
[12:58.680 --> 13:06.760]  But would that not give the public integrity unit an opportunity to shield from prosecution?
[13:06.760 --> 13:09.040]  Maybe one they wanted to, absolutely.
[13:09.040 --> 13:11.160]  Yeah, there you go.
[13:11.160 --> 13:16.600]  That's exactly why the legislature took that power away from them.
[13:16.600 --> 13:21.440]  And we're all standing here saying, oh, I wish they wouldn't do this, I wish they wouldn't
[13:21.440 --> 13:23.720]  do that, we need a law to fix it.
[13:23.720 --> 13:25.800]  No, we don't need a law to fix it.
[13:25.800 --> 13:30.740]  There's nothing wrong with the laws, the way they're written, so long as they're upheld.
[13:30.740 --> 13:33.640]  If they're enforced, we don't need more laws.
[13:33.640 --> 13:36.200]  More laws mean more restrictions.
[13:36.200 --> 13:40.520]  More laws or more restrictions mean less liberty, less freedom.
[13:40.520 --> 13:43.560]  And we see this throughout the course of history.
[13:43.560 --> 13:49.080]  If we would simply have the laws we have now on the books enforced, and I mean enforced
[13:49.080 --> 13:55.320]  strictly, then we wouldn't need all this bureaucracy.
[13:55.320 --> 13:58.920]  Let me add just a slight adjustment to that.
[13:58.920 --> 13:59.920]  Okay.
[13:59.920 --> 14:09.640]  If you and I simply insist and demand that our public officials enforce our laws or we
[14:09.640 --> 14:14.640]  land on them when they don't, these problems will go away.
[14:14.640 --> 14:15.640]  Yeah.
[14:15.640 --> 14:19.640]  I'm in the process of that in my county right now.
[14:19.640 --> 14:20.640]  Related but unrelated.
[14:20.640 --> 14:29.240]  I had a conversation with the associate attorney at the farm today and I asked him his, not
[14:29.240 --> 14:36.160]  his professional opinion, but his personal opinion in regard to foreclosures and other
[14:36.160 --> 14:38.520]  civil matters.
[14:38.520 --> 14:44.720]  Does it not seem like the attorneys that are working for the foreclosure mills are not
[14:44.720 --> 14:56.200]  acting as a quasi or pseudo legislature in the fact that we have statute that's very
[14:56.200 --> 15:03.680]  simple to understand, simple to enforce, however, we've got mountains and mountains and mountains
[15:03.680 --> 15:11.100]  of case law that apparently supersedes statute.
[15:11.100 --> 15:12.480]  And he said, no.
[15:12.480 --> 15:14.920]  I said, okay, explain that.
[15:14.920 --> 15:18.440]  He said, it's not the law.
[15:18.440 --> 15:24.280]  It's the interpretation of law.
[15:24.280 --> 15:26.520]  And that made perfect sense to me.
[15:26.520 --> 15:33.680]  So the problem with the interpretation of law when the interpretation of law is made
[15:33.680 --> 15:41.960]  by appellate court judges is that their interpretation now has the effect of law.
[15:41.960 --> 15:48.440]  Well, we all know that let's take MERS for example, MERS, we know their, their business
[15:48.440 --> 15:51.200]  model is patently illegal.
[15:51.200 --> 16:00.400]  However, we have case law after case law after case law from appellate courts, from most
[16:00.400 --> 16:07.200]  all the several states and the Supreme courts of most all several states backing up the
[16:07.200 --> 16:10.240]  actions of MERS.
[16:10.240 --> 16:14.720]  So this is, this is where I'm going with the interpretation of law.
[16:14.720 --> 16:23.240]  In the case of Mr. Perry, he apparently, or it appears that he interpreted the law to
[16:23.240 --> 16:27.720]  say that he had the authority to do what he did when he didn't.
[16:27.720 --> 16:30.520]  By doing so, he committed a felony crime.
[16:30.520 --> 16:37.720]  It's a great thing that he's having to answer for.
[16:37.720 --> 16:38.720]  Absolutely.
[16:38.720 --> 16:44.120]  If the governor has to answer, everybody else is cannon fodder.
[16:44.120 --> 16:48.280]  I think it's a tragedy on both sides, but we'll talk about that.
[16:48.280 --> 16:54.600]  This is Randy Kelton, Steve Skidmore, Rule Law Radio, our call-in number, 512-646-1984.
[16:54.600 --> 16:55.600]  We got a bunch of calls.
[16:55.600 --> 17:00.600]  We'll take them on the other side, we'll be right back.
[17:00.600 --> 17:05.200]  Through advances in technology, our lives have greatly improved, except in the area
[17:05.200 --> 17:06.600]  of nutrition.
[17:06.600 --> 17:11.320]  People feed their pets better than they feed themselves, and it's time we changed all that.
[17:11.320 --> 17:17.600]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[17:17.600 --> 17:23.360]  In a world where natural foods have been irradiated, adulterated, and mutilated, Younggevity can
[17:23.360 --> 17:25.640]  provide the nutrients you need.
[17:25.640 --> 17:30.460]  Logos Radio Network gets many requests to endorse all sorts of products, most of which
[17:30.460 --> 17:31.580]  we reject.
[17:31.580 --> 17:36.840]  We have come to trust Younggevity so much, we became a marketing distributor, along with
[17:36.840 --> 17:40.040]  Alex Jones, Ben Fuchs, and many others.
[17:40.040 --> 17:45.960]  When you order from LogosRadioNetwork.com, your health will improve as you help support
[17:45.960 --> 17:47.580]  quality radio.
[17:47.580 --> 17:51.920]  As you realize the benefits of Younggevity, you may want to join us.
[17:51.920 --> 17:57.280]  As a distributor, you can experience improved health, help your friends and family, and
[17:57.280 --> 17:59.120]  increase your income.
[17:59.120 --> 18:00.520]  Order now.
[18:00.520 --> 18:05.640]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.640 --> 18:09.320]  Stop debt collectors now with the Michael Miras Proven Method.
[18:09.320 --> 18:13.640]  Michael Miras has won six cases in federal court against debt collectors, and now you
[18:13.640 --> 18:14.640]  can win too.
[18:14.640 --> 18:19.460]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.460 --> 18:25.320]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[18:25.320 --> 18:29.840]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[18:29.840 --> 18:34.080]  financial tables on them and make them pay you to go away.
[18:34.080 --> 18:38.880]  The Michael Miras Proven Method is the solution for how to stop debt collectors.
[18:38.880 --> 18:41.320]  Personal consultation is available as well.
[18:41.320 --> 18:46.840]  For more information, please visit RuleOfLawRadio.com and click on the blue Michael Miras banner
[18:46.840 --> 18:49.840]  or email MichaelMiras at yahoo.com.
[18:49.840 --> 18:59.380]  That's RuleOfLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S at yahoo.com to learn how to stop debt collectors
[18:59.380 --> 19:00.380]  now.
[19:00.380 --> 19:11.120]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:11.120 --> 19:40.360]  Okay, we are back at the end of the video, here's our video and Kathy Chris will be going
[19:40.360 --> 19:47.200]  to be just a second to one other little thing I wanted to address on this topic.
[19:47.200 --> 19:53.160]  Our governor has gotten hammered and rightly so, he was warned about this when he did it,
[19:53.160 --> 19:58.080]  but he rather arrogantly moved ahead anyway.
[19:58.080 --> 20:01.600]  We have an attorney general in a similar situation.
[20:01.600 --> 20:05.480]  Those of you who listen a lot know about my problems in Cherokee County with a corrupt
[20:05.480 --> 20:06.480]  judge.
[20:06.480 --> 20:17.480]  Well, it seems that that corrupt judge was presiding over a contentious divorce and was
[20:17.480 --> 20:27.520]  boinking one of the litigants and he got recused from the case because he's ruling everything
[20:27.520 --> 20:29.240]  in her favor.
[20:29.240 --> 20:36.280]  He got recused and was sent to another county and the other judge wasn't quite so lenient
[20:36.280 --> 20:47.280]  with this drug addicted wife and he hammered her big time and this judge went into the
[20:47.280 --> 21:01.440]  court and changed the judge's order and Rick Perry examined into it and found that the
[21:01.440 --> 21:11.000]  accusations were well founded and forced the judge to resign in lieu of prosecution.
[21:11.000 --> 21:20.520]  So my question to Greg Abbott is this, just where on earth did you get that authority?
[21:20.520 --> 21:36.080]  39.015 Texas Penal Code passed in 2007 grants the prosecuting attorney concurrent jurisdiction
[21:36.080 --> 21:44.760]  in the matter of a criminal accusation under Chapter 39, Texas Penal Code.
[21:44.760 --> 21:53.040]  Anytime in the case of a claim against a public official.
[21:53.040 --> 21:57.920]  So he had concurrent jurisdiction with the prosecutor so he exercised that jurisdiction
[21:57.920 --> 22:04.000]  and he made a deal with the judge that if the judge would stand down, resign from the
[22:04.000 --> 22:07.340]  bench, that he wouldn't prosecute him.
[22:07.340 --> 22:10.440]  So just where did he get that authority?
[22:10.440 --> 22:11.440]  40.
[22:11.440 --> 22:13.680]  He had a duty to prosecute.
[22:13.680 --> 22:17.320]  I can't find it in the code what I do find in the code.
[22:17.320 --> 22:20.620]  Had it been you, Randy, you'd still be in jail.
[22:20.620 --> 22:22.920]  Had it been me, I'd still be in jail.
[22:22.920 --> 22:29.120]  Had it been anybody else, they'd still be in jail and be in jail for a long time.
[22:29.120 --> 22:30.940]  Exactly.
[22:30.940 --> 22:36.200]  So I want Greg Abbott in jail.
[22:36.200 --> 22:44.080]  This is absolutely blatantly in direct violation of Article 2.03 Code of Criminal Procedure.
[22:44.080 --> 22:52.080]  In this case, he had original jurisdiction as the prosecutor.
[22:52.080 --> 22:56.240]  He can't say he has to go and get the prosecutor's permission.
[22:56.240 --> 22:59.120]  He needs no such thing.
[22:59.120 --> 23:03.280]  39.015 gives him original jurisdiction.
[23:03.280 --> 23:05.500]  He had a statutory duty.
[23:05.500 --> 23:14.000]  He breached that duty and in the process shielded Judge Craig Caldwell from prosecution.
[23:14.000 --> 23:17.280]  Caldwell and Abbott both belong in prison.
[23:17.280 --> 23:18.280]  Yeah.
[23:18.280 --> 23:21.240]  That's my story and I'm sticking to it.
[23:21.240 --> 23:22.240]  Okay.
[23:22.240 --> 23:27.360]  Well, before we go drift too far off the subject, I'd like to put on the record that I think
[23:27.360 --> 23:33.640]  it's a travesty on both sides of this Rick Perry Lindbergh thing that it's a travesty
[23:33.640 --> 23:42.040]  not only that Lindbergh after being busted for a DUI and prosecuting people for DUIs
[23:42.040 --> 23:43.100]  is still in office.
[23:43.100 --> 23:48.080]  And it's also a travesty that our governor has committed a felony crime while in office.
[23:48.080 --> 23:52.640]  I'll have to go back and re-research Coruerto.
[23:52.640 --> 23:55.360]  Do we now live in a lawless society?
[23:55.360 --> 23:58.400]  I mean, if- We always have.
[23:58.400 --> 23:59.400]  God.
[23:59.400 --> 24:06.280]  Well, I mean, yeah, we've always had that contention, but this seems to make it rather
[24:06.280 --> 24:07.280]  official.
[24:07.280 --> 24:08.280]  It does.
[24:08.280 --> 24:15.280]  That law is applicable only to the people and does not apply to our public officials.
[24:15.280 --> 24:19.920]  Folks, something's rotten in Denmark.
[24:19.920 --> 24:22.120]  Something stinks to high heaven here.
[24:22.120 --> 24:27.320]  And I think it's time we go into our state houses and start mopping the floor.
[24:27.320 --> 24:33.520]  I think it's time we start presenting these officials directly to a grand jury.
[24:33.520 --> 24:38.760]  That's the only way we're going to get this fixed.
[24:38.760 --> 24:41.240]  They are not going to fix it themselves.
[24:41.240 --> 24:42.320]  No.
[24:42.320 --> 24:50.880]  We have to give them something they're more afraid of than they are their political enemies.
[24:50.880 --> 24:55.520]  There's got to be some kind of price to be paid on the end of this, or it's just going
[24:55.520 --> 25:00.080]  to get worse and worse and worse as we see it is self-evident that it's getting worse
[25:00.080 --> 25:01.080]  and worse and worse.
[25:01.080 --> 25:03.120]  We've got a Texas governor committing felony crimes.
[25:03.120 --> 25:05.320]  He got indicted for it today.
[25:05.320 --> 25:11.320]  I need to look up Coruerto removal.
[25:11.320 --> 25:16.600]  It's my understanding that once a public official is indicted, he is to be removed Coruerto
[25:16.600 --> 25:17.600]  immediately.
[25:17.600 --> 25:25.280]  That goes for both of them, Rick Perry and Lindbergh.
[25:25.280 --> 25:28.160]  So what was his problem?
[25:28.160 --> 25:35.080]  If he's trying to get rid of her, once she got an indictment, it seemed like Coruerto
[25:35.080 --> 25:36.080]  removal.
[25:36.080 --> 25:37.760]  Let me pull it up here.
[25:37.760 --> 25:44.600]  That'd been a whole lot easier than pulling funds from the public integrity unit.
[25:44.600 --> 25:47.200]  He'd been within the law there.
[25:47.200 --> 25:56.100]  Okay, if the person against whom the information is filed is found guilty as charged, the court
[25:56.100 --> 25:59.560]  shall enter judgment removing the person from office.
[25:59.560 --> 26:00.560]  What is the problem?
[26:00.560 --> 26:09.480]  See the Texas Civil Practice Liberties Code 66.003.
[26:09.480 --> 26:11.960]  Do you understand that as it's written, Randy?
[26:11.960 --> 26:14.600]  Let me read the whole thing.
[26:14.600 --> 26:18.920]  If the person against whom the information is filed is found guilty as charged, the court
[26:18.920 --> 26:26.000]  shall enter judgment removing the person from office or franchise, shall enter judgment
[26:26.000 --> 26:30.840]  for the cost of prosecution in favor of the later and may find the person for usurping
[26:30.840 --> 26:35.560]  intruding into or unlawfully holding and executing the office or franchise.
[26:35.560 --> 26:36.560]  Okay.
[26:36.560 --> 26:38.280]  Let me back up.
[26:38.280 --> 26:43.360]  There's something that didn't seem right there.
[26:43.360 --> 26:47.400]  If grounds for the remedy, okay, let me back up one more.
[26:47.400 --> 26:49.400]  Okay.
[26:49.400 --> 26:56.180]  Action in the nature of Coruerto is available if a person usurps, intrudes into or unlawfully
[26:56.180 --> 27:02.840]  holds or executes a franchise or an office including an office in the corporation created
[27:02.840 --> 27:04.680]  by the authority of this state.
[27:04.680 --> 27:11.080]  A public officer does enact or allows an act that by law causes a forfeiture of his office.
[27:11.080 --> 27:15.320]  The association of a person acts as a corporation without being legally incorporated.
[27:15.320 --> 27:23.640]  The corporation does or emits an act that requires a surrender or causes a forfeiture
[27:23.640 --> 27:25.520]  of rights and privileges to a corporation.
[27:25.520 --> 27:28.120]  The corporation exercises power not granted by law.
[27:28.120 --> 27:31.520]  The railroad company, blah, blah, railroad company, okay.
[27:31.520 --> 27:32.520]  It's not clear.
[27:32.520 --> 27:33.520]  Okay.
[27:33.520 --> 27:38.840]  Initiation of suit, it's not exactly clear.
[27:38.840 --> 27:42.520]  I'll have to look, there's somewhere else where it says that if a public official is
[27:42.520 --> 27:48.540]  indicted, then he forfeits the office, he's to be removed from Coruerto.
[27:48.540 --> 27:55.040]  But I can't be for certain until I do some more research, but I will do that before the
[27:55.040 --> 27:57.040]  next show.
[27:57.040 --> 27:58.360]  Okay.
[27:58.360 --> 28:05.040]  Kathy waited a long time for us last night and I got to her right at the end.
[28:05.040 --> 28:06.760]  Hello, Ms. Kathy.
[28:06.760 --> 28:10.240]  Hi, how are you?
[28:10.240 --> 28:11.240]  I am good.
[28:11.240 --> 28:12.240]  Okay.
[28:12.240 --> 28:17.800]  First, give us a synopsis of your circumstance.
[28:17.800 --> 28:21.880]  Leslie had been helping me with it, so she had me to call you.
[28:21.880 --> 28:28.040]  My husband's father passed away and before he passed away, him and his wife separated.
[28:28.040 --> 28:32.040]  She's a stepmother and it was kind of, it got ugly.
[28:32.040 --> 28:35.120]  He's 91, she's 63.
[28:35.120 --> 28:43.240]  So my father-in-law had me to do a warranty deed and a quitclaim deed, leaving his half
[28:43.240 --> 28:49.000]  of the house to my husband and my sister-in-law.
[28:49.000 --> 28:52.200]  And we also filed divorce papers for him.
[28:52.200 --> 28:54.440]  He ended up passing away before the divorce was final.
[28:54.440 --> 28:56.460]  So she was living in the house.
[28:56.460 --> 28:59.560]  He was in a nursing home.
[28:59.560 --> 29:09.520]  So she's been in it since 2012 and so now in March of this year, we get a letter from
[29:09.520 --> 29:17.200]  an attorney of hers stating that she wanted to sell the house and she gave us three options.
[29:17.200 --> 29:18.600]  The attorney gave us three options.
[29:18.600 --> 29:25.520]  We could lose the house with a realtor and sell it or we could do a petition sale where
[29:25.520 --> 29:30.080]  the court would force it to sell or she was going to let it go into foreclosure.
[29:30.080 --> 29:35.640]  So again, I type up a letter to the attorney and say, you know, we're going to, we agreed
[29:35.640 --> 29:37.640]  to sell it with the realtor.
[29:37.640 --> 29:38.640]  Okay.
[29:38.640 --> 29:39.640]  Okay.
[29:39.640 --> 29:40.640]  Hang on.
[29:40.640 --> 29:41.640]  We're about to go to break.
[29:41.640 --> 29:45.560]  This is Randy Kelton and Steve Skidmore with La Radio.
[29:45.560 --> 29:49.600]  I call him number 5126461984.
[29:49.600 --> 29:50.960]  We'll have the phones open all night.
[29:50.960 --> 29:54.520]  So if you have a question or comment, give us a call.
[29:54.520 --> 30:01.520]  We'll be right back.
[30:01.520 --> 30:07.360]  Attention all dads, using laptops, smartphones, and other internet browsing tools may affect
[30:07.360 --> 30:08.960]  your ability to have children.
[30:08.960 --> 30:14.040]  I'm Dr. Catherine Albrecht, back with new research on the negative impact of Wi-Fi on
[30:14.040 --> 30:16.740]  male fertility in a moment.
[30:16.740 --> 30:18.460]  Privacy is under attack.
[30:18.460 --> 30:22.060]  When you give up data about yourself, you'll never get it back again.
[30:22.060 --> 30:27.040]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.040 --> 30:32.160]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:32.160 --> 30:34.820]  Privacy, it's worth hanging on to.
[30:34.820 --> 30:40.440]  This message is brought to you by Startpage.com, the private search engine alternative to Google,
[30:40.440 --> 30:42.160]  Yahoo and Bing.
[30:42.160 --> 30:45.680]  Start over with Startpage.
[30:45.680 --> 30:47.160]  Are you a wannabe dad?
[30:47.160 --> 30:51.280]  If so, you might want to keep your laptop away from your private parts.
[30:51.280 --> 30:56.560]  A new study suggests that electromagnetic radiation generated by wireless devices may
[30:56.560 --> 31:00.800]  damage sperm and decrease fertility in men.
[31:00.800 --> 31:05.400]  Researchers put semen samples from 29 volunteers under a laptop for four hours.
[31:05.400 --> 31:10.040]  When the laptop was on but not connected to the web, the sperm did okay.
[31:10.040 --> 31:14.360]  But when they connected the laptop to the internet with Wi-Fi, a quarter of the sperm
[31:14.360 --> 31:18.460]  stopped swimming and 9% showed DNA damage.
[31:18.460 --> 31:23.080]  The moral, if you're using a laptop, put it on a desk away from the family jewels.
[31:23.080 --> 31:31.040]  I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
[31:31.040 --> 31:32.920]  What are you thinking?
[31:32.920 --> 31:38.680]  Microplant powder with iodine and probiotics for a total body detox for around $10 a month.
[31:38.680 --> 31:44.000]  Hympusa.org has 12 formulations of microplant powder for absorbing and removing toxins from
[31:44.000 --> 31:48.680]  your kidneys, liver, blood, lungs, stomach and colon and feel better than ever.
[31:48.680 --> 31:53.240]  It alkalizes, oxygenates, kills parasites, does the job of 10 products.
[31:53.240 --> 31:55.320]  That saves you space, time and money.
[31:55.320 --> 32:02.680]  Call 888-910-4367 only at Hympusa.org.
[32:02.680 --> 32:05.480]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.480 --> 32:09.040]  In today's America, we live in an us against them society and if we the people are ever
[32:09.040 --> 32:13.240]  going to have a free society, then we're going to have to stand and defend our own rights.
[32:13.240 --> 32:16.400]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.400 --> 32:20.440]  in our own private capacity and most importantly, the right to due process of law.
[32:20.440 --> 32:24.280]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.280 --> 32:25.600]  our rights through due process.
[32:25.600 --> 32:29.640]  Former Sheriff's Deputy Eddie Craig in conjunction with Rule of Law Radio has put together the
[32:29.640 --> 32:33.420]  most comprehensive teaching tool available that will help you understand what due process
[32:33.420 --> 32:35.800]  is and how to hold the courts to the Rule of Law.
[32:35.800 --> 32:39.840]  You can get your own copy of this invaluable material by going to RuleOfLawRadio.com and
[32:39.840 --> 32:40.840]  ordering your copy today.
[32:40.840 --> 32:44.320]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:44.320 --> 32:48.880]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:48.880 --> 32:51.200]  documents and other useful resource material.
[32:51.200 --> 32:55.160]  Learn how to fight for your rights with the help of this material from RuleOfLawRadio.com.
[32:55.160 --> 33:01.120]  Order your copy today and together we can have a free society we all want and deserve.
[33:01.120 --> 33:11.920]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:11.920 --> 33:32.640]  Yeah, I got a warrant and I gonna serve them to the head of the government, prosecute them.
[33:32.640 --> 33:33.640]  Okay.
[33:33.640 --> 33:53.480]  We are back.
[33:53.480 --> 33:54.480]  Turn your mic up, Randy.
[33:54.480 --> 33:55.480]  I barely hear you.
[33:55.480 --> 33:56.480]  And we're talking to Kathy in Texas.
[33:56.480 --> 34:02.480]  Can you hear me better now?
[34:02.480 --> 34:03.480]  There you go.
[34:03.480 --> 34:04.480]  Okay.
[34:04.480 --> 34:09.360]  Kathy, before we went to break, you were on option three, listing the home with a realtor.
[34:09.360 --> 34:10.360]  Right.
[34:10.360 --> 34:14.520]  So we decided to list it with a realtor.
[34:14.520 --> 34:21.840]  So about 10 days later, we got another letter from a different attorney.
[34:21.840 --> 34:26.920]  He said that the stepmother had sold her undivided interest of the house to a house flipping
[34:26.920 --> 34:33.560]  company and that this attorney was representing the buyer.
[34:33.560 --> 34:38.560]  And the attorney is the uncle of the house flipping company.
[34:38.560 --> 34:44.360]  So anyway, so he sends us a warranty deed to sign, he sends us the payoff statement
[34:44.360 --> 34:49.360]  for the mortgage company, the property condition, blah, blah, blah, and a settlement statement.
[34:49.360 --> 34:55.120]  He also states in the letter that they were offering us $500 each.
[34:55.120 --> 35:02.880]  You know, 500 for my husband, 500 for my sister-in-law for their half of the house.
[35:02.880 --> 35:06.320]  Gee, how generous.
[35:06.320 --> 35:07.320]  Yeah.
[35:07.320 --> 35:16.000]  So they only paid her, the stepmother, a thousand, but we don't believe that because I just don't
[35:16.000 --> 35:17.000]  believe that.
[35:17.000 --> 35:24.320]  But anyway, on the warranty deed, it stated that the house flipping company was going
[35:24.320 --> 35:30.720]  to pay off the balance that was owed with the mortgage company, which was like $34,000.
[35:30.720 --> 35:31.720]  So that...
[35:31.720 --> 35:32.800]  Okay, hold on.
[35:32.800 --> 35:37.120]  How much equity is in the house?
[35:37.120 --> 35:42.240]  Probably about...
[35:42.240 --> 35:44.240]  When was the house purchased?
[35:44.240 --> 35:47.120]  In 97.
[35:47.120 --> 35:48.120]  In 97.
[35:48.120 --> 35:52.480]  How much was the sale price of the house?
[35:52.480 --> 35:54.040]  That I'm not real sure.
[35:54.040 --> 35:57.840]  I don't have that in front of me, but he's a...
[35:57.840 --> 36:03.640]  Do you have a comp on the house now, the fair market value?
[36:03.640 --> 36:07.840]  Yes, the fair market value would be about $55,000.
[36:07.840 --> 36:15.840]  Okay, then if they purchased the $55,000 or let's say in 97, you said?
[36:15.840 --> 36:18.880]  Well, yeah, but here's the thing is...
[36:18.880 --> 36:19.880]  Okay, hang on.
[36:19.880 --> 36:23.960]  They purchased the house in 97.
[36:23.960 --> 36:27.000]  Let's say the house went up $2,000 in value.
[36:27.000 --> 36:33.240]  So let's put it at what, 53,000, 52, 53,000?
[36:33.240 --> 36:37.840]  No, from 97, it will have increased...
[36:37.840 --> 36:43.160]  Let's see, this is Austin.
[36:43.160 --> 36:46.280]  It will have increased I think about 70%.
[36:46.280 --> 36:50.080]  70, okay.
[36:50.080 --> 36:54.880]  Do you know how much they put down on the house when they purchased?
[36:54.880 --> 36:56.880]  I don't.
[36:56.880 --> 36:58.000]  Okay.
[36:58.000 --> 37:02.620]  So let's say it was a zero down.
[37:02.620 --> 37:10.640]  They should be approximately a third the way through the mortgage.
[37:10.640 --> 37:16.760]  All of that information will be on the security instrument, the deed of trust in the county
[37:16.760 --> 37:18.320]  recorder's office.
[37:18.320 --> 37:19.320]  Yes.
[37:19.320 --> 37:29.320]  Have you retrieved all of those documents?
[37:29.320 --> 37:33.880]  Have you retrieved all of the documents filed with the county recorder's office?
[37:33.880 --> 37:42.560]  I don't have it in front of me, it's a problem, and I have my numbers I thought, but anyway,
[37:42.560 --> 37:48.320]  the houses in the area are going between 70 and 80,000.
[37:48.320 --> 37:54.480]  This house, and what they're doing is they're trying to pay from the taxes, from the tax
[37:54.480 --> 37:56.240]  value.
[37:56.240 --> 37:58.160]  What county are we talking about?
[37:58.160 --> 37:59.160]  Pardon?
[37:59.160 --> 38:01.640]  What county are we talking about?
[38:01.640 --> 38:03.840]  Tarrant, Tarrant County.
[38:03.840 --> 38:05.840]  Tarrant County, okay.
[38:05.840 --> 38:06.840]  Yeah.
[38:06.840 --> 38:07.840]  Okay.
[38:07.840 --> 38:10.220]  And so he gets all these...
[38:10.220 --> 38:16.840]  My father-in-law was getting all these discounts because he was, he's 91, he was a VA, so he
[38:16.840 --> 38:21.080]  had all these discounts that were on the taxes.
[38:21.080 --> 38:29.880]  So what they're going by is that 55,000 is the tax value, not worth the market.
[38:29.880 --> 38:30.880]  Tax value.
[38:30.880 --> 38:31.880]  Get a...
[38:31.880 --> 38:35.600]  Okay, you can't really tell much until we know what we're actually dealing with here.
[38:35.600 --> 38:41.620]  Well, what we can tell is that there's 2,000, a minimum of 2,000 on the table.
[38:41.620 --> 38:48.640]  Everybody's getting shafted.
[38:48.640 --> 38:49.640]  You don't know what...
[38:49.640 --> 38:52.840]  The property was bought for what amount in 97?
[38:52.840 --> 38:53.840]  56,000.
[38:53.840 --> 38:54.840]  property.
[38:54.840 --> 38:55.840]  56,000.
[38:55.840 --> 38:56.840]  Yes.
[38:56.840 --> 39:03.360]  So it should be worth about 85,000 now.
[39:03.360 --> 39:11.080]  They're saying there's 34,000 owed against it.
[39:11.080 --> 39:20.400]  Let me delete a trust and let's see, give me a copy of one of the documents that have
[39:20.400 --> 39:25.000]  been filed in the county recorder's office.
[39:25.000 --> 39:35.920]  And if they're making a claim of a specific value, request them to provide documentation
[39:35.920 --> 39:40.360]  to support the claim.
[39:40.360 --> 39:44.200]  I suggest that they're trying to steal the house.
[39:44.200 --> 39:49.520]  If they're starting with a value of 55, then it's really going to be worth 85.
[39:49.520 --> 39:53.080]  And they say there's 34,000 against it.
[39:53.080 --> 39:56.920]  Almost certainly there is not 34,000 against it.
[39:56.920 --> 40:02.400]  If that's the case, if she has been making the payments...
[40:02.400 --> 40:04.200]  They do owe 34,000 on it.
[40:04.200 --> 40:08.200]  That I do know.
[40:08.200 --> 40:22.080]  34,000 after they've paid on it for almost 20 years, 17 years or so.
[40:22.080 --> 40:23.080]  That doesn't seem...
[40:23.080 --> 40:24.600]  It depends on...
[40:24.600 --> 40:25.600]  That's not adding up.
[40:25.600 --> 40:31.640]  Do you have any evidence to support what that 34,000, what the charges are?
[40:31.640 --> 40:36.320]  Are those attorney fees and all kinds of other trash that's been stuck on it?
[40:36.320 --> 40:41.480]  Have they used the tax...
[40:41.480 --> 40:51.600]  If they use the tax exemption, the 65, you can stop paying taxes, but they accumulate
[40:51.600 --> 40:58.560]  as a claim against the property until the parties die.
[40:58.560 --> 41:04.760]  So that may be part of the cost, but we can't tell much unless we can figure out what the
[41:04.760 --> 41:14.960]  property value really is, what equity is in the property.
[41:14.960 --> 41:22.600]  So get a comp on the property, find out what the current market value is, check with the
[41:22.600 --> 41:28.800]  tax assessor and see what is owed against the property in taxes.
[41:28.800 --> 41:33.760]  That may be a significant amount of that 34,000.
[41:33.760 --> 41:41.640]  And try to determine how that 34,000 comes about.
[41:41.640 --> 41:48.800]  If any of it is attorney fees, they can stick their attorney fees.
[41:48.800 --> 41:56.280]  And then we'll look at it and may come back with a counter offer to them for what you
[41:56.280 --> 41:57.500]  take for it.
[41:57.500 --> 42:03.680]  We hired an attorney and there was letters back and forth and our attorney finally said,
[42:03.680 --> 42:08.360]  you should just walk away and let them have it because they're going to let it go into
[42:08.360 --> 42:09.560]  foreclosure.
[42:09.560 --> 42:14.160]  And they filed a mechanic's lien because they went in and done foundation work before they
[42:14.160 --> 42:19.320]  even knew that we existed, that they had a part of this.
[42:19.320 --> 42:26.000]  Okay, file a quiet title against the mechanic's lien.
[42:26.000 --> 42:29.500]  That'll do it for not in their shorts.
[42:29.500 --> 42:34.080]  You didn't approve the work and you're 50% on it.
[42:34.080 --> 42:35.080]  Okay.
[42:35.080 --> 42:44.400]  See, they did the mechanic's lien and then when they did that, they did a deed of trust
[42:44.400 --> 42:45.400]  against it.
[42:45.400 --> 42:51.160]  Then how did they do a deed of trust without your signature?
[42:51.160 --> 42:53.400]  I've got the filed papers.
[42:53.400 --> 42:57.320]  Okay, give me everything that's been filed in the record.
[42:57.320 --> 43:01.840]  We can't tell anything unless we know what's gone on and I would need a comp on the property
[43:01.840 --> 43:06.480]  to know what its actual value is and do the best you can to determine what all the charges
[43:06.480 --> 43:07.480]  are against it.
[43:07.480 --> 43:14.520]  Check the county tax assessor, see if part of this is unpaid taxes, the deferred taxes.
[43:14.520 --> 43:18.200]  Find out what the amounts are and then we can do a calculation.
[43:18.200 --> 43:19.200]  Okay.
[43:19.200 --> 43:25.040]  And see, the house slipper is planning on letting it go into foreclosure so that they
[43:25.040 --> 43:27.480]  can just buy it, you know, on the courthouse.
[43:27.480 --> 43:28.480]  Yeah.
[43:28.480 --> 43:30.720]  Then you sue the house slipper for fraud.
[43:30.720 --> 43:31.720]  For fraud?
[43:31.720 --> 43:32.720]  Oh yeah.
[43:32.720 --> 43:35.720]  See how that works for it.
[43:35.720 --> 43:39.920]  The VA said we didn't have anything against them.
[43:39.920 --> 43:40.920]  Yeah.
[43:40.920 --> 43:47.200]  So they're doing this just to defraud you of your value, your claim on that property.
[43:47.200 --> 43:50.840]  Hang on, Rand Kelton from Skidmore, Rule Bell Radio.
[43:50.840 --> 43:57.840]  I call in number 512-646-1984, we'll be right back.
[43:57.840 --> 44:07.800]  Hello, my name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by
[44:07.800 --> 44:12.760]  our store at 1904 Guadalupe Street, Suite D here in Austin, Texas to find brave new
[44:12.760 --> 44:16.600]  books and chase back to see all our fantastic health and wellness products with your very
[44:16.600 --> 44:17.600]  own eyes.
[44:17.600 --> 44:22.480]  Have a look at our miracle healing clay that started our adventure in alternative medicine.
[44:22.480 --> 44:26.520]  Take a peek at some of our other wonderful products, including our Australian Emu oil,
[44:26.520 --> 44:30.240]  lotion candles, olive oil soaps, and colloidal silver and gold.
[44:30.240 --> 44:43.040]  Call 512-264-4043 or find us online at naturespureorganics.com, that's 512-264-4043, naturespureorganics.com.
[44:43.040 --> 44:47.360]  Don't forget to like us on Facebook for information on events and our products.
[44:47.360 --> 44:48.360]  Naturespureorganics.com.
[44:48.360 --> 45:04.320]  Are you the plaintiff or defendant in a lawsuit?
[45:04.320 --> 45:09.560]  Win your case without an attorney with Juris Dictionary, the affordable, easy to understand
[45:09.560 --> 45:14.960]  four CD course that will show you how in 24 hours, step by step.
[45:14.960 --> 45:18.720]  If you have a lawyer, know what your lawyer should be doing.
[45:18.720 --> 45:23.080]  If you don't have a lawyer, know what you should do for yourself.
[45:23.080 --> 45:27.920]  Thousands have won with our step by step course and now you can too.
[45:27.920 --> 45:34.480]  Juris Dictionary was created by a licensed attorney with 22 years of case winning experience.
[45:34.480 --> 45:39.360]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[45:39.360 --> 45:43.480]  principles and practices that control our American courts.
[45:43.480 --> 45:49.720]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.720 --> 45:52.320]  pro se tactics, and much more.
[45:52.320 --> 46:22.240]  Please visit RuleOfLawRadio.com and click on the banner or call toll free 866-LAW-EASY.
[46:22.320 --> 46:34.360]  Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio and we're talking to Kathy
[46:34.360 --> 46:35.360]  in Texas.
[46:35.360 --> 46:43.240]  Yeah, Kathy, we need that information before we can really give you a shot, but I think
[46:43.240 --> 46:51.320]  you got a good shot at filing suit against these guys, accusing them of conspiring to
[46:51.320 --> 46:55.960]  illegally convert your interest in the property.
[46:55.960 --> 47:00.760]  By all means, bar grieve the lawyer.
[47:00.760 --> 47:06.160]  Like I said, we hired an attorney and I pointed all this out to him and he originally said
[47:06.160 --> 47:10.920]  it was criminal and then in the end when he said, just let him have it, he was just like,
[47:10.920 --> 47:13.800]  well, it's more sloppy paperwork.
[47:13.800 --> 47:19.320]  He said it was criminal to get you to give him the money and once you paid him, then
[47:19.320 --> 47:28.000]  he didn't want to have another attorney upset at him, so this is standard procedure.
[47:28.000 --> 47:34.280]  You might look at malpractice against your lawyer, but wait until we see what we actually
[47:34.280 --> 47:35.280]  have.
[47:35.280 --> 47:42.240]  Yeah, and see, they were supposed to pay off the mortgage when they bought the house and
[47:42.240 --> 47:47.920]  they didn't because it stated in the warranty deed that they would pay the house off and
[47:47.920 --> 47:53.080]  then when our attorney, I pointed out that it stated that in the warranty deed, he told
[47:53.080 --> 47:57.040]  them and they went and filed a corrected warranty deed.
[47:57.040 --> 48:02.200]  You need to file a quiet title against the corrected warranty deed.
[48:02.200 --> 48:03.840]  Okay.
[48:03.840 --> 48:10.520]  Now, would that be with the mechanic's lien and the data trust?
[48:10.520 --> 48:11.760]  Would that be all in one?
[48:11.760 --> 48:16.920]  Yeah, well, you could do them all, a quiet title against the mechanic's lien and the
[48:16.920 --> 48:20.720]  data trust and the warranty deed all at the same time because they're all part of the
[48:20.720 --> 48:23.720]  same improper and illegal transactions.
[48:23.720 --> 48:36.960]  Yeah, exactly, and chances are if you file them separate, the court will probably consolidate,
[48:36.960 --> 48:42.440]  so it's just as easy to do them all at the same time in the same pleading.
[48:42.440 --> 48:43.440]  Okay.
[48:43.440 --> 48:49.040]  But get us some more information and call back next week and we'll give you a better
[48:49.040 --> 48:51.040]  idea of what we think you can do.
[48:51.040 --> 48:52.040]  Okay.
[48:52.040 --> 48:54.040]  Do you have Randy's email address?
[48:54.040 --> 48:55.960]  Yes, I do.
[48:55.960 --> 48:57.520]  Okay, very good.
[48:57.520 --> 49:00.280]  All right, thank you all.
[49:00.280 --> 49:01.280]  Okay.
[49:01.280 --> 49:02.280]  Thank you.
[49:02.280 --> 49:03.280]  Thank you, Ms. Caffee.
[49:03.280 --> 49:06.840]  Now we're going to go to Mr. Chris in Pennsylvania.
[49:06.840 --> 49:08.840]  Hello, Mr. Chris.
[49:08.840 --> 49:10.840]  Hello, Randy.
[49:10.840 --> 49:12.840]  Hello, Steve.
[49:12.840 --> 49:16.240]  What do you got for us tonight?
[49:16.240 --> 49:19.080]  Well, I have a question about...
[49:19.080 --> 49:25.040]  I've been reading some interesting things on some reputable blogs that deal with foreclosure
[49:25.040 --> 49:34.640]  stuff and coming to the terms with everything comes down to who has holding in due course
[49:34.640 --> 49:35.640]  here.
[49:35.640 --> 49:41.660]  I mean, that's basically what you have to prove in order to get your foreclosure case
[49:41.660 --> 49:44.200]  really moving along.
[49:44.200 --> 49:49.240]  I would argue that, but I'll save my argument for the end of your dissertation.
[49:49.240 --> 49:50.360]  Okay.
[49:50.360 --> 50:04.120]  The evidentiary part of this, going through discovery, my hard time here is if you're
[50:04.120 --> 50:11.800]  going to win this case, isn't it imperative that you kind of make sure your discovery
[50:11.800 --> 50:19.640]  includes the things that you possess that are the reasons for your discovery?
[50:19.640 --> 50:20.640]  Explain that.
[50:20.640 --> 50:21.640]  Well, for...
[50:21.640 --> 50:22.640]  Objection.
[50:22.640 --> 50:26.640]  Move for more definite question.
[50:26.640 --> 50:27.640]  Okay.
[50:27.640 --> 50:37.640]  If I have a statement from the bank stating that they're not my lender, all right, and
[50:37.640 --> 50:45.120]  I'm asking them in discovery for who is my lender, just asking them who is my lender
[50:45.120 --> 50:51.480]  wouldn't be good enough if I can throw the example in in the letter along with my discovery
[50:51.480 --> 50:54.740]  stating the reason I'm asking for this is because I have a letter stating that you're
[50:54.740 --> 51:00.000]  not the lender.
[51:00.000 --> 51:02.720]  That would be an interrogatory.
[51:02.720 --> 51:06.360]  We're talking about the discovery phase here, right?
[51:06.360 --> 51:07.360]  Right.
[51:07.360 --> 51:09.600]  One of the five, what, there?
[51:09.600 --> 51:10.600]  Okay.
[51:10.600 --> 51:12.920]  That would be an interrogatory.
[51:12.920 --> 51:18.040]  Keep in mind that your interrogatories, you're very limited in the interrogatories, so save
[51:18.040 --> 51:23.440]  them like gold and see if you can put that question into the form of an admission or
[51:23.440 --> 51:24.440]  denial.
[51:24.440 --> 51:32.280]  Wait a minute, Steve, he's asking for, they have made the proactive statement of fact
[51:32.280 --> 51:38.720]  that they are the holder, and he's asking them to provide documentation to support that
[51:38.720 --> 51:39.720]  fact.
[51:39.720 --> 51:40.720]  Okay.
[51:40.720 --> 51:46.520]  I didn't hear holder, I heard lender.
[51:46.520 --> 51:47.520]  Lender.
[51:47.520 --> 51:48.520]  Correct.
[51:48.520 --> 51:49.520]  Okay.
[51:49.520 --> 51:55.280]  That was just my hypothetical, but if you want to, you know, admit that they're the
[51:55.280 --> 52:03.040]  holder or the, not the note holder, but the holder of the note, however due course makes
[52:03.040 --> 52:07.640]  it so that they're actually the party to be foreclosing.
[52:07.640 --> 52:16.080]  Wait a minute, I think saying holder of the note is kind of a misnomer.
[52:16.080 --> 52:17.080]  Yes.
[52:17.080 --> 52:22.640]  It should be holder of the obligation and holder of the claim.
[52:22.640 --> 52:35.000]  They got a, and holder in due course is kind of the incorrect term because of the FTC's
[52:35.000 --> 52:37.120]  holder rule.
[52:37.120 --> 52:46.320]  What the Federal Trade Commission said, I think it's 16 USC 433 if I remember right.
[52:46.320 --> 52:51.000]  It says that we had a lot of mortgage companies going into business, writing a lot of predatory
[52:51.000 --> 53:00.000]  loans and then going out, selling the obligations and going out of business, leaving the borrower
[53:00.000 --> 53:03.280]  with no remedy.
[53:03.280 --> 53:11.200]  And so they determined that in the case of a consumer transaction, there can be no holder
[53:11.200 --> 53:20.200]  in due course that any subsequent holder of the obligation stood in the shoes of the lender
[53:20.200 --> 53:25.400]  and was subject to any claim the borrower had against the lender.
[53:25.400 --> 53:28.560]  So they're simply a holder.
[53:28.560 --> 53:32.800]  The holder in due course has no prior obligations.
[53:32.800 --> 53:39.140]  If I write you a bad check and you're the holder of that bad check and you transfer
[53:39.140 --> 53:44.440]  that bad check to somebody else and it bounces on somebody else, they don't come back to
[53:44.440 --> 53:45.800]  you about it.
[53:45.800 --> 53:48.600]  They come back to me because you're a holder in due course.
[53:48.600 --> 53:52.480]  But in this case, the holder is not a holder in due course.
[53:52.480 --> 53:56.160]  They merely hold the obligation but they're responsible for any claims.
[53:56.160 --> 54:03.160]  Now what you're asking is, is not who's to prove that they're the lender because
[54:03.160 --> 54:08.040]  they're obviously not the lender, but to prove up that they maintain that they are
[54:08.040 --> 54:13.440]  the bona fide holder and you're asking them to prove up that they are the holder.
[54:13.440 --> 54:14.440]  Is that correct?
[54:14.440 --> 54:15.440]  Chris?
[54:15.440 --> 54:16.440]  Correct.
[54:16.440 --> 54:17.440]  Correct.
[54:17.440 --> 54:22.520]  I'm asking that in my discovery attempt in my interrogatories, if I asked them that
[54:22.520 --> 54:27.760]  question, should I provide them with the reason I'm asking that question?
[54:27.760 --> 54:28.760]  Because I have this.
[54:28.760 --> 54:29.760]  Okay.
[54:29.760 --> 54:30.760]  Let me back up.
[54:30.760 --> 54:34.280]  Do not ask them that question.
[54:34.280 --> 54:36.600]  Don't use up an interrogatory for that.
[54:36.600 --> 54:37.600]  No, no.
[54:37.600 --> 54:41.320]  And actually, that was just a hypothetical.
[54:41.320 --> 54:47.040]  You know, in evidence, in trying to discover evidence, I couldn't come up with anything
[54:47.040 --> 54:48.040]  better than that.
[54:48.040 --> 54:49.040]  I'm sorry.
[54:49.040 --> 54:57.520]  But if I were just to ask a question, whatever the question was, is it better for me to provide
[54:57.520 --> 55:05.440]  the contradiction that I find in that interrogatory am I asking to prove why I'm asking that
[55:05.440 --> 55:06.440]  question?
[55:06.440 --> 55:10.640]  I've got a question for you, Chris.
[55:10.640 --> 55:13.280]  Why are you asking that specific question?
[55:13.280 --> 55:18.400]  Why do you care who the holder is?
[55:18.400 --> 55:22.920]  Before you answer that, let me give you the reason why I asked that question.
[55:22.920 --> 55:27.560]  Should we be asking who is the holder in due course?
[55:27.560 --> 55:31.240]  Should we be asking who is a real party in interest?
[55:31.240 --> 55:37.040]  Or should we be asking who is the party entitled to enforce the instruments?
[55:37.040 --> 55:38.040]  Those are three choices.
[55:38.040 --> 55:39.040]  Right.
[55:39.040 --> 55:43.160]  We shouldn't be asking who's the party to enforce.
[55:43.160 --> 55:44.160]  Correct.
[55:44.160 --> 55:45.160]  Correct.
[55:45.160 --> 55:46.160]  Right.
[55:46.160 --> 55:49.040]  So we don't care who the holder in due course is.
[55:49.040 --> 55:51.720]  We don't care who a real party in interest is.
[55:51.720 --> 55:54.280]  What we care about is who's pete?
[55:54.280 --> 55:56.280]  Are you pete?
[55:56.280 --> 55:57.280]  P-E-T-E.
[55:57.280 --> 55:58.600]  Party entitled to enforce.
[55:58.600 --> 56:05.400]  In other words, do you have a security interest either in the property or the documents that
[56:05.400 --> 56:06.740]  go with it?
[56:06.740 --> 56:15.160]  In order to qualify that position, what information do we have to know about pete?
[56:15.160 --> 56:27.720]  We need to know if the alleged pete has a perfected security interest.
[56:27.720 --> 56:35.040]  I would urge you to read UCC- go ahead, go ahead, Randy.
[56:35.040 --> 56:40.400]  What establishes a perfected security insurance?
[56:40.400 --> 56:55.960]  Okay, let me pull up a section of the UCC, 9-2-1-3, I believe, or 3-1-2.
[56:55.960 --> 56:59.920]  I've got to pull it up and see.
[56:59.920 --> 57:00.920]  Let me try 3-12.
[57:00.920 --> 57:08.920]  The reason I was being too pedantic there.
[57:08.920 --> 57:10.920]  That's fine.
[57:10.920 --> 57:17.280]  UCC 9-3-1-2 or your state's equivalent.
[57:17.280 --> 57:21.520]  Perfection of security interest in chattel paper, deposit accounts, documents, goods
[57:21.520 --> 57:29.280]  covered by documents, instruments, we're talking about security instrument, a negotiable instrument,
[57:29.280 --> 57:30.280]  right?
[57:30.280 --> 57:37.520]  Investment property, letters of credit and money, perfection by permissive filing.
[57:37.520 --> 57:40.560]  Permissive filing, okay?
[57:40.560 --> 57:42.600]  Filing where?
[57:42.600 --> 57:44.880]  Temporary perfection wit.
[57:44.880 --> 57:52.760]  Okay, we've got perfection by permissive filing.
[57:52.760 --> 57:58.080]  This very quickly before we go to break, this section of the UCC allows a 20-day temporary
[57:58.080 --> 58:01.720]  perfection within that 20-day period.
[58:01.720 --> 58:07.560]  They've got to go file their security interest in the county, in the records of the county
[58:07.560 --> 58:09.880]  in which the property is located.
[58:09.880 --> 58:12.320]  And we'll be right back after this break, Chris.
[58:12.320 --> 58:13.320]  Hang on.
[58:13.320 --> 58:14.920]  30 seconds.
[58:14.920 --> 58:16.800]  Oh, is this top of the hour already?
[58:16.800 --> 58:17.800]  Yep.
[58:17.800 --> 58:18.800]  Good heavens.
[58:18.800 --> 58:19.800]  It was fun.
[58:19.800 --> 58:20.800]  Where does the time go?
[58:20.800 --> 58:28.240]  Yes, you have to file that 13.001 any claim against real property, not properly acknowledged
[58:28.240 --> 58:32.000]  or proven and filed in the record as void as to the holder.
[58:32.000 --> 58:38.760]  Yes, and if they do not have a perfected security interest, it's unsecured.
[58:38.760 --> 58:41.400]  They can't come after the house, period.
[58:41.400 --> 58:43.840]  It's all end of story.
[59:41.400 --> 01:00:09.240]  We'll be right back.
[01:00:09.240 --> 01:00:13.800]  I'm Brian Hagin with your Liberty Beat for Friday, August 15th, 2014.
[01:00:13.800 --> 01:00:21.920]  Gold opened today at $1,304, silver opened at $19.60, and bitcoin is trading around $509.33.
[01:00:21.920 --> 01:00:26.180]  Support for the Liberty Beat comes from Roberts & Roberts Brokerage Incorporated, specializing
[01:00:26.180 --> 01:00:28.880]  in precious metals since 1977.
[01:00:28.880 --> 01:00:35.040]  Online at rrbi.co or by phone at 800-874-9760.
[01:00:35.040 --> 01:00:39.320]  In the news, on Thursday, Missouri Governor Jay Nixon announced the Missouri State Highway
[01:00:39.320 --> 01:00:42.040]  Patrol will handle policing of Ferguson, Missouri.
[01:00:42.040 --> 01:00:46.280]  The site of large protests and police violence said the police officer shot 18-year-old Mike
[01:00:46.280 --> 01:00:49.120]  Brown to death on Saturday.
[01:00:49.120 --> 01:00:53.080]  News Channel 5 also reported the FBI would be taking over the investigation into the
[01:00:53.080 --> 01:00:54.080]  shooting.
[01:00:54.080 --> 01:00:57.920]  The FBI will handle all operations, protests, and other activities.
[01:00:57.920 --> 01:01:01.280]  Local police will operate under the direction of the FBI.
[01:01:01.280 --> 01:01:04.520]  Governor Nixon said the police should release the name of the officer accused of shooting
[01:01:04.520 --> 01:01:05.520]  Brown.
[01:01:05.520 --> 01:01:10.340]  Nixon also stated that Ferguson resembled a war zone.
[01:01:10.340 --> 01:01:14.320]  On Thursday, press freedom organizations held a press conference in support of New York
[01:01:14.320 --> 01:01:16.320]  Times reporter James Risen.
[01:01:16.320 --> 01:01:20.400]  The U.S. Department of Justice is attempting to compel Risen to testify against former
[01:01:20.400 --> 01:01:26.080]  CIA employee Jeffrey Sterling, who they accuse of leaking classified information to Risen.
[01:01:26.080 --> 01:01:30.900]  Risen is the author of the 2006 book State of War, which describes the CIA's efforts
[01:01:30.900 --> 01:01:33.600]  to interrupt the Iranian nuclear program.
[01:01:33.600 --> 01:01:38.800]  The group presented a petition of more than 100,000 signatures asking the Justice Department
[01:01:38.800 --> 01:01:41.160]  to quit their pursuit of Risen.
[01:01:41.160 --> 01:01:45.820]  If Risen does not testify against Sterling, he will face jail time and fines.
[01:01:45.820 --> 01:01:49.080]  The conference is organized by the Committee to Protect Journalists, the Freedom of the
[01:01:49.080 --> 01:01:53.640]  Press Foundation, the Government Accountability Project, the Reporters Committee for Freedom
[01:01:53.640 --> 01:01:58.560]  of the Press, and Reporters Without Borders.
[01:01:58.560 --> 01:02:03.480]  An eBay subsidiary, Braintree Payments, is exploring Bitcoin acceptance.
[01:02:03.480 --> 01:02:05.200]  The Wall Street Journal reports,
[01:02:05.200 --> 01:02:09.320]  Braintree Payments is part of PayPal, which is owned by eBay.
[01:02:09.320 --> 01:02:14.480]  PayPal executives have reportedly been meeting with Coinbase, a Bitcoin merchant processor,
[01:02:14.480 --> 01:02:17.240]  about accepting Bitcoin on the Braintree network.
[01:02:17.240 --> 01:02:19.440]  At this time, no agreements have been made.
[01:02:19.440 --> 01:02:25.960]  eBay CEO John Donahoe is headed at the potential for Bitcoin integration in the past.
[01:02:25.960 --> 01:02:30.560]  Support for the Liberty Beat comes from Brave New Books, your local source for all things
[01:02:30.560 --> 01:02:31.560]  Bitcoin.
[01:02:31.560 --> 01:02:37.400]  We're hosting a Bitcoin ATM located in Austin, Texas at 1904 Guadalupe Street or online at
[01:02:37.400 --> 01:02:39.480]  bravenewbookstore.com.
[01:02:39.480 --> 01:02:42.080]  And support comes from the notorious activist Michael Cargill.
[01:02:42.080 --> 01:02:48.280]  He has a new show called Come and Talk It, live Sunday afternoons, 4 p.m. on 1370 a.m.
[01:02:48.280 --> 01:02:49.280]  in Austin.
[01:02:49.280 --> 01:02:52.440]  That's 1370 a.m., Sundays at 4.
[01:02:52.440 --> 01:02:57.120]  This is the Liberty Beat for Friday, August 15, 2014.
[01:02:57.120 --> 01:03:04.120]  Check out the website at thelibertybeat.com.
[01:03:27.120 --> 01:03:57.040]  Okay, we are back, we're at Shelton and Skidmore with our radio and we're talking to you.
[01:03:57.040 --> 01:03:58.040]  Chris, in Pennsylvania.
[01:03:58.040 --> 01:04:06.720]  Wait a minute, you're not going to let me jump off the cliff on the intro?
[01:04:06.720 --> 01:04:11.800]  I thought you were still in a free fall.
[01:04:11.800 --> 01:04:19.560]  I had the clock here and I was watching it and as we went off, we call it when we run
[01:04:19.560 --> 01:04:24.520]  through the outro, we call it falling off the cliff.
[01:04:24.520 --> 01:04:30.600]  And Steve was saying he was going to, just as we went off, and I said, fall off the cliff
[01:04:30.600 --> 01:04:32.600]  right after the break of dawn.
[01:04:32.600 --> 01:04:37.000]  It was my fault I stood here and watched him running off the cliff, chuckling the whole
[01:04:37.000 --> 01:04:38.000]  time.
[01:04:38.000 --> 01:04:40.680]  Yeah, I was going to say, I didn't fall off the cliff.
[01:04:40.680 --> 01:04:47.800]  I jumped off the cliff at a dead run and my only excuse was the fact that I wasn't watching
[01:04:47.800 --> 01:04:48.800]  the clock.
[01:04:48.800 --> 01:04:52.640]  And for you listeners that caught that little faux pas, I do apologize.
[01:04:52.640 --> 01:04:58.600]  I hope nobody heard me chuckling in the background because if you listen on Thursday, you'll
[01:04:58.600 --> 01:05:06.160]  know it's generally me that falls off the cliff.
[01:05:06.160 --> 01:05:11.360]  On Thursday nights, I always blame Steve when I fall off the cliff because he's not here
[01:05:11.360 --> 01:05:12.360]  to catch me.
[01:05:12.360 --> 01:05:14.360]  Yeah, I usually, yeah.
[01:05:14.360 --> 01:05:18.080]  Oh, well, I owe you one, Randy.
[01:05:18.080 --> 01:05:20.320]  Yeah, you do.
[01:05:20.320 --> 01:05:25.080]  Okay, we were talking about who's Pete is.
[01:05:25.080 --> 01:05:26.080]  Who's Pete?
[01:05:26.080 --> 01:05:27.560]  Party entitled to enforce.
[01:05:27.560 --> 01:05:28.560]  Okay.
[01:05:28.560 --> 01:05:36.800]  The 20-day temporary perfection of a security interest is allowed, or I'll say allowed by
[01:05:36.800 --> 01:05:37.800]  UCC.
[01:05:37.800 --> 01:05:43.960]  Now, keep in mind that the UCC has been adopted by all 50 states and incorporated into their
[01:05:43.960 --> 01:05:45.240]  own statutes.
[01:05:45.240 --> 01:05:48.320]  So if you're in the state venue, you'd use the state statute.
[01:05:48.320 --> 01:05:51.600]  If you're in the federal venue, you'd use the common UCC.
[01:05:51.600 --> 01:06:01.920]  But anyway, just for sake of argument, let's go to UCC 9-312.
[01:06:01.920 --> 01:06:06.760]  The pertinent subsections will be E through H.
[01:06:06.760 --> 01:06:17.160]  E through G is general pick your situation, but they all boil down to a 20-day temporary
[01:06:17.160 --> 01:06:20.880]  perfection of a security interest.
[01:06:20.880 --> 01:06:30.640]  If within that 20 days the secured party does not perfect his security interest by filing
[01:06:30.640 --> 01:06:38.440]  his security interest in the public records of the county in which the subject property
[01:06:38.440 --> 01:06:43.920]  is located, then he is no longer a secured party.
[01:06:43.920 --> 01:06:56.440]  That means that the property, the real property, is no longer secured by the security instrument.
[01:06:56.440 --> 01:06:58.340]  That means they can't come after the house.
[01:06:58.340 --> 01:07:02.800]  The only thing they can come after is the underlying debt in the note.
[01:07:02.800 --> 01:07:09.420]  Now we come back to Pete, party entitled to enforce.
[01:07:09.420 --> 01:07:17.080]  If he's not a secured creditor or a secured party, if he has not perfected his security
[01:07:17.080 --> 01:07:22.640]  interest, then what other remedy can we go to?
[01:07:22.640 --> 01:07:24.280]  Wait, hold on, Steve.
[01:07:24.280 --> 01:07:26.920]  Let me qualify that just slightly.
[01:07:26.920 --> 01:07:27.920]  Sure.
[01:07:27.920 --> 01:07:39.120]  If he hasn't filed by the 20th day, if somebody comes to the court, I mean to the clerk, and
[01:07:39.120 --> 01:07:50.240]  files a claim in that 20-day period, their claim falls behind this claim.
[01:07:50.240 --> 01:07:58.840]  If this claim gets filed within that 20-day period, but if after the 20-day period there
[01:07:58.840 --> 01:08:06.160]  is no other claim filed, and say at 30 days or 40 or 50 or 60 or a year from now, they
[01:08:06.160 --> 01:08:13.000]  come in and file their claim, now their claim is perfected, as long as there is no claim
[01:08:13.000 --> 01:08:18.960]  filed in front of them, because first in time is first in line.
[01:08:18.960 --> 01:08:23.560]  Okay, do you agree with all that, Steve?
[01:08:23.560 --> 01:08:24.560]  Yeah.
[01:08:24.560 --> 01:08:25.560]  Okay.
[01:08:25.560 --> 01:08:26.560]  Got no reason to disagree.
[01:08:26.560 --> 01:08:32.160]  Okay, just so that it's clear to everybody that if they don't get it filed, they don't
[01:08:32.160 --> 01:08:33.160]  have it.
[01:08:33.160 --> 01:08:38.320]  I was sitting here in Wise County where they filed it under the wife's name, and I went
[01:08:38.320 --> 01:08:39.320]  down.
[01:08:39.320 --> 01:08:42.440]  He was a friend of mine, and I sold him a business, and he wanted me to take a lead
[01:08:42.440 --> 01:08:46.920]  against his property, so I went down and looked in the record, and I did a search on his name.
[01:08:46.920 --> 01:08:56.080]  I didn't find the claim, so I filed my mechanic's claim, and then Chase comes along, and they
[01:08:56.080 --> 01:08:59.620]  want a foreclose, and I said, hold on, guys.
[01:08:59.620 --> 01:09:00.880]  My claim is in there.
[01:09:00.880 --> 01:09:03.000]  Yours is not.
[01:09:03.000 --> 01:09:07.400]  And they said, well, the clerk put it in the wrong place.
[01:09:07.400 --> 01:09:11.400]  Your problem, not my problem.
[01:09:11.400 --> 01:09:18.760]  When I looked in the record, I had a right to trust what I saw there, and I did not see
[01:09:18.760 --> 01:09:23.260]  a claim before I took my indebtedness.
[01:09:23.260 --> 01:09:28.160]  Had there been a claim there, I would have made a different decision.
[01:09:28.160 --> 01:09:33.520]  So if you have a problem with it in the wrong place, take that up with the clerk.
[01:09:33.520 --> 01:09:39.600]  Mine stands first, and that's the point of that 20-day thing.
[01:09:39.600 --> 01:09:41.320]  I'm going to shut up now.
[01:09:41.320 --> 01:09:42.320]  Okay.
[01:09:42.320 --> 01:09:50.200]  Now I'm going to go to a different section of code, but before I do, I'm going to give
[01:09:50.200 --> 01:09:53.400]  a scenario.
[01:09:53.400 --> 01:09:54.920]  You go to closing.
[01:09:54.920 --> 01:09:58.880]  You sign here, you sign there, you initial that, that, that, and that, and that, and
[01:09:58.880 --> 01:10:04.000]  you sign this, and you sign that, and oh, man, just a flurry of paperwork, and oh, gee,
[01:10:04.000 --> 01:10:05.560]  isn't it, aren't you hungry?
[01:10:05.560 --> 01:10:07.960]  It's nearly time for lunch, and guess what day it is?
[01:10:07.960 --> 01:10:08.960]  It's Friday.
[01:10:08.960 --> 01:10:09.960]  Okay.
[01:10:09.960 --> 01:10:10.960]  So let's get this done.
[01:10:10.960 --> 01:10:13.420]  Now, you get all the documents signed and initialed.
[01:10:13.420 --> 01:10:15.560]  What happens to those documents?
[01:10:15.560 --> 01:10:22.880]  You give up those documents for ransom for a period of generally 30 years.
[01:10:22.880 --> 01:10:29.660]  In that 30 years, one of those instruments that you signed is a negotiable instrument.
[01:10:29.660 --> 01:10:37.500]  You made a promise to pay X amount of dollars over the course of that 30 years.
[01:10:37.500 --> 01:10:40.960]  What happens to those documents once they leave your site?
[01:10:40.960 --> 01:10:43.360]  I'll tell you.
[01:10:43.360 --> 01:10:47.480]  They take the deed of trust or the mortgage, that is the security instrument, and they
[01:10:47.480 --> 01:10:49.200]  go file that down there at the county records.
[01:10:49.200 --> 01:10:50.600]  They don't file the note.
[01:10:50.600 --> 01:10:53.480]  They only file the security instrument.
[01:10:53.480 --> 01:10:58.360]  They have no obligation to file the negotiable instrument, but they do, and actually, they
[01:10:58.360 --> 01:11:03.760]  have no obligation to file the security instrument, but if they want to lay claim to it later
[01:11:03.760 --> 01:11:08.120]  on, they had better, and they better do it in a timely manner, and it usually is done
[01:11:08.120 --> 01:11:09.660]  in a timely manner.
[01:11:09.660 --> 01:11:15.360]  So let's focus on this negotiable instrument.
[01:11:15.360 --> 01:11:16.360]  Okay.
[01:11:16.360 --> 01:11:23.160]  What happens to that is somebody makes a Xerox copy of it, okay, and remember that part that
[01:11:23.160 --> 01:11:28.400]  says, I promise to pay X amount over the course of 30 years.
[01:11:28.400 --> 01:11:36.600]  When they make a Xerox copy of that negotiable instrument, and they sell that Xerox, well,
[01:11:36.600 --> 01:11:37.600]  let me back up.
[01:11:37.600 --> 01:11:43.080]  When they make the Xerox copy, that Xerox copy or the scan, the scanned image of that
[01:11:43.080 --> 01:11:48.520]  copy, that is a transferable record.
[01:11:48.520 --> 01:11:55.880]  Now, if they sell that transferable record, what they have done is they've gone to the
[01:11:55.880 --> 01:12:06.880]  instrument, the wet ink document that you sign, and they tear out that promise element.
[01:12:06.880 --> 01:12:14.400]  I promise to pay is no longer a part of that original instrument, so it is less than the
[01:12:14.400 --> 01:12:15.400]  original instrument.
[01:12:15.400 --> 01:12:19.280]  Let me add just a tiny bit.
[01:12:19.280 --> 01:12:27.560]  I promise to pay this particular person, and they take this particular person out, and
[01:12:27.560 --> 01:12:32.680]  they want to put some other particular person in there.
[01:12:32.680 --> 01:12:34.360]  That's what they need to do.
[01:12:34.360 --> 01:12:37.320]  And that's all well and good, okay?
[01:12:37.320 --> 01:12:39.320]  This is called factoring.
[01:12:39.320 --> 01:12:45.760]  Yes, that's factoring, but factoring is not actually where I'm going.
[01:12:45.760 --> 01:12:52.560]  When they remove the value element from the wet ink document that you gave value, and
[01:12:52.560 --> 01:13:00.400]  they attach that value to a scanned copy of that instrument, both the original instrument
[01:13:00.400 --> 01:13:05.600]  and the scanned copy are less than the entire instrument.
[01:13:05.600 --> 01:13:15.440]  Now, when they sell that scanned copy, they purport to transfer interest in that.
[01:13:15.440 --> 01:13:21.200]  Now, I'm going to go back to the Uniform Commercial Code or the state equivalent, and I'm going
[01:13:21.200 --> 01:13:30.120]  to read to you Article 3, Section 203, D as in David, and it reads as follows.
[01:13:30.120 --> 01:13:39.320]  If the transferor purports to transfer less than the entire instrument, negotiation of
[01:13:39.320 --> 01:13:46.400]  the instrument does not occur, and the transferee obtains no rights under this article and has
[01:13:46.400 --> 01:13:48.880]  only the rights of a partial assignee.
[01:13:48.880 --> 01:13:59.240]  Sorry, folks, a partial assignee cannot take your house away from you because no rights
[01:13:59.240 --> 01:14:05.160]  were transferred or no rights were obtained under this article.
[01:14:05.160 --> 01:14:10.760]  You just created a question in my head.
[01:14:10.760 --> 01:14:11.760]  Ask it.
[01:14:11.760 --> 01:14:20.040]  It's only for the last 40, 50 years that we have effectively been able to make duplicate
[01:14:20.040 --> 01:14:21.040]  copies.
[01:14:21.040 --> 01:14:22.040]  Yes.
[01:14:22.040 --> 01:14:26.200]  Prior to that, we had to have separate originals.
[01:14:26.200 --> 01:14:35.080]  So it raises the question, how can a facsimile or a copy of an original document have any
[01:14:35.080 --> 01:14:38.680]  value or any authority of any kind?
[01:14:38.680 --> 01:14:39.680]  It doesn't.
[01:14:39.680 --> 01:14:44.720]  If you make a scanned copy of a check and sign it and take it down to the bank, what's
[01:14:44.720 --> 01:14:46.440]  the teller going to do?
[01:14:46.440 --> 01:14:51.440]  He's going to give you a scanned copy of the money.
[01:14:51.440 --> 01:15:00.080]  He's going to call security or simply tell you, I can't cash that.
[01:15:00.080 --> 01:15:02.800]  It's a scanned copy.
[01:15:02.800 --> 01:15:11.840]  You bring me a real check with an identified payee on the payee line on the line there
[01:15:11.840 --> 01:15:13.940]  where it says pay to the order of.
[01:15:13.940 --> 01:15:19.540]  If your name appears on there or even if it says cash and you flip that thing over and
[01:15:19.540 --> 01:15:22.460]  you endorse it, then I'll cash it.
[01:15:22.460 --> 01:15:26.240]  But your Xerox copy is no good here, I'm sorry.
[01:15:26.240 --> 01:15:27.640]  That's a negotiable instrument.
[01:15:27.640 --> 01:15:29.520]  That check is a negotiable instrument.
[01:15:29.520 --> 01:15:36.240]  The note is a negotiable instrument and they're both covered by article three of UCC.
[01:15:36.240 --> 01:15:38.160]  And that photocopy is toilet paper.
[01:15:38.160 --> 01:15:40.560]  It is toilet paper, yes.
[01:15:40.560 --> 01:15:47.700]  Now that may work in the intangible world, but it doesn't work in the tangible world.
[01:15:47.700 --> 01:15:51.280]  Negotiable being the document that you signed and gave value.
[01:15:51.280 --> 01:15:57.160]  So you're saying when these bankers start transferring this all back and forth in their
[01:15:57.160 --> 01:16:03.160]  computers, they can kind of keep track of where the numbers are, but when they come
[01:16:03.160 --> 01:16:07.320]  out of their computers, they got to come back out on top of that original.
[01:16:07.320 --> 01:16:08.320]  That's right.
[01:16:08.320 --> 01:16:09.320]  That's right.
[01:16:09.320 --> 01:16:20.400]  So if negotiation does not occur and no rights were transferred, where's Pete?
[01:16:20.400 --> 01:16:25.040]  Pete's in a shallow grave out by the border of Mexico somewhere, I'll guarantee you.
[01:16:25.040 --> 01:16:27.520]  I think he's in the bathroom with lots of toilet paper.
[01:16:27.520 --> 01:16:29.560]  He may be in the bathroom, yeah.
[01:16:29.560 --> 01:16:35.600]  He's roughing up those negotiable instruments, those worthless negotiable instruments.
[01:16:35.600 --> 01:16:41.160]  So you've got two remedies there in the UCC, and I hear the break coming up.
[01:16:41.160 --> 01:16:42.840]  Randy, you take us out.
[01:16:42.840 --> 01:16:44.960]  I wasn't going to tell you about this.
[01:16:44.960 --> 01:16:47.040]  I still hurt from that last jump.
[01:16:47.040 --> 01:16:55.440]  Okay, Randy Kelton, Pete Skidmore, Rule Law Radio, our call-in number, 512-646-1984.
[01:16:55.440 --> 01:17:00.600]  We'll be right back.
[01:17:00.600 --> 01:17:03.960]  Chances are you've heard of My Magic Mud, but have you used it?
[01:17:03.960 --> 01:17:07.800]  Thousands of people are blown away by the clean and healthy feeling they experience
[01:17:07.800 --> 01:17:09.320]  after just one use.
[01:17:09.320 --> 01:17:13.200]  Here's what Harlan Dietrich, owner of Brave New Books, has to say about the product.
[01:17:13.200 --> 01:17:14.200]  Hey, everybody.
[01:17:14.200 --> 01:17:15.720]  This is Harlan Dietrich, owner of Brave New Books.
[01:17:15.720 --> 01:17:18.160]  I just want to tell everybody about My Magic Mud.
[01:17:18.160 --> 01:17:21.540]  I use the product, and it makes my teeth feel clean and healthy.
[01:17:21.540 --> 01:17:22.880]  I think it makes them stronger.
[01:17:22.880 --> 01:17:25.560]  I got lots of customers that come in and say the same thing.
[01:17:25.560 --> 01:17:27.420]  You can pick yours up at Brave New Books.
[01:17:27.420 --> 01:17:32.000]  If that wasn't enough, Dr. Griffin Cole, DDS, who's been featured on the Alex Jones show,
[01:17:32.000 --> 01:17:33.000]  loves it too.
[01:17:33.000 --> 01:17:37.320]  Hi, I'm Dr. Griffin Cole, and I got to tell you, I really love this Magic Mud product.
[01:17:37.320 --> 01:17:41.400]  Because charcoal is so absorbent, it's very effective at taking off all the sticky plaque
[01:17:41.400 --> 01:17:43.240]  and debris that gets stuck on our teeth every day.
[01:17:43.240 --> 01:17:44.880]  I highly recommend My Magic Mud.
[01:17:44.880 --> 01:17:49.400]  If you haven't yet experienced My Magic Mud, it's never too late to brighten your smile
[01:17:49.400 --> 01:17:51.120]  and strengthen your teeth.
[01:17:51.120 --> 01:17:56.240]  Get your jar of My Magic Mud today at Brave New Books, located at 1904 Guadalupe Street,
[01:17:56.240 --> 01:18:01.600]  or order online today at MyMagicMud.com.
[01:18:01.600 --> 01:18:05.120]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination
[01:18:05.120 --> 01:18:09.520]  by delivering excellent customer service and outstanding value at an affordable price.
[01:18:09.520 --> 01:18:13.400]  We provide a wide assortment of favorite products featuring a great selection of high quality
[01:18:13.400 --> 01:18:15.000]  coins and precious metals.
[01:18:15.000 --> 01:18:19.240]  We cater to beginners in coin collecting as well as large transactions for investors.
[01:18:19.240 --> 01:18:23.600]  We believe in educating our customers with resources from top accredited metals dealers
[01:18:23.600 --> 01:18:24.600]  and journalists.
[01:18:24.600 --> 01:18:27.560]  If we don't have what you're looking for, we can find it.
[01:18:27.560 --> 01:18:31.840]  In addition, we carry popular Young Jevity products such as Beyond Tangy Tangerine and
[01:18:31.840 --> 01:18:32.840]  Pollenburst.
[01:18:32.840 --> 01:18:37.680]  We also offer One World Way, Mountain House Storable Foods, Berkey Water products, ammunition
[01:18:37.680 --> 01:18:39.840]  at 10% above wholesale, and more.
[01:18:39.840 --> 01:18:43.800]  We broker metals IRA accounts and we also accept Bitcoins as payment.
[01:18:43.800 --> 01:18:46.800]  Call us at 512-646-6440.
[01:18:46.800 --> 01:18:51.760]  We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson.
[01:18:51.760 --> 01:18:54.800]  We're open Monday through Friday 10 to 6, Saturdays 10 to 2.
[01:18:54.800 --> 01:18:59.880]  Visit us at capitalcoinandbullion.com or call 512-646-6440.
[01:19:24.800 --> 01:19:51.200]  Welcome back to Ruhle Law Radio, folks.
[01:19:51.200 --> 01:20:11.280]  Chris
[01:20:11.280 --> 01:20:14.360]  gave you two remedies right there in the UCC.
[01:20:14.360 --> 01:20:18.840]  So do some research, find out what your state code equivalent is.
[01:20:18.840 --> 01:20:31.840]  That would be UCC 3-203D as in David and 9-312E-H.
[01:20:31.840 --> 01:20:35.080]  That put me right where I wanted to be on my question.
[01:20:35.080 --> 01:20:44.440]  When you look at all those remedies, my original question is to make evidence of that.
[01:20:44.440 --> 01:20:50.680]  I've shared with you guys in the past that I've looked at using what's an obligation
[01:20:50.680 --> 01:20:57.080]  on my mortgage is to have homeowners insurance, and my homeowners insurance, just like Mer's
[01:20:57.080 --> 01:21:05.800]  milestone report, keeps track of every mortgagee who's listed as a mortgagee under my loan.
[01:21:05.800 --> 01:21:11.680]  Getting that into evidence and having the bank look at that in discovery is something
[01:21:11.680 --> 01:21:17.480]  I'm hoping or was hoping to actually try to win my case in discovery before it even
[01:21:17.480 --> 01:21:19.000]  got to trial.
[01:21:19.000 --> 01:21:22.480]  That goes to production.
[01:21:22.480 --> 01:21:26.080]  That would be in your request for production.
[01:21:26.080 --> 01:21:30.840]  I think I'm coming to understand your question better.
[01:21:30.840 --> 01:21:38.480]  You're asking when I request production of these documents, the other side's naturally
[01:21:38.480 --> 01:21:39.480]  going to object.
[01:21:39.480 --> 01:21:42.320]  Yeah, it's too cumbersome.
[01:21:42.320 --> 01:21:45.400]  Yeah, especially if it's going to hurt them.
[01:21:45.400 --> 01:21:52.260]  So you're saying that you're trying to circumvent their objection before they make
[01:21:52.260 --> 01:21:53.260]  it?
[01:21:53.260 --> 01:21:57.320]  Right, because I have evidence they can't refute.
[01:21:57.320 --> 01:21:58.320]  I have something.
[01:21:58.320 --> 01:21:59.320]  Okay.
[01:21:59.320 --> 01:22:01.700]  Let me make a suggestion.
[01:22:01.700 --> 01:22:04.840]  This is not civil behavior.
[01:22:04.840 --> 01:22:07.440]  This is legal behavior.
[01:22:07.440 --> 01:22:11.120]  And why on earth did you give these trumps fair warning?
[01:22:11.120 --> 01:22:14.200]  Because this is what's going to happen.
[01:22:14.200 --> 01:22:18.320]  You're going to request recovery, discovery.
[01:22:18.320 --> 01:22:24.520]  They're going to refuse and object to all of your discovery, no matter what it is.
[01:22:24.520 --> 01:22:29.040]  Yeah, they'll probably say it's too cumbersome, laborious, and costly.
[01:22:29.040 --> 01:22:30.040]  Yeah.
[01:22:30.040 --> 01:22:33.400]  And they have to object to that.
[01:22:33.400 --> 01:22:37.560]  So they're going to just object because it's a standard procedure.
[01:22:37.560 --> 01:22:42.720]  And then you're going to go to the court and ask the court to compel.
[01:22:42.720 --> 01:22:46.940]  When they object, they're going to make their objection.
[01:22:46.940 --> 01:22:52.400]  You don't want to give them a good objection to make, especially if you've got a hammer
[01:22:52.400 --> 01:22:55.400]  back here ready to clobber them with it.
[01:22:55.400 --> 01:22:59.220]  Let them make their objection to the court.
[01:22:59.220 --> 01:23:02.500]  You move to compel production.
[01:23:02.500 --> 01:23:05.700]  They will raise their objections to the court.
[01:23:05.700 --> 01:23:13.800]  And then you come back with your compelling reason for the judge to grant the discovery.
[01:23:13.800 --> 01:23:20.600]  Don't tell them how to argue their case until they've already argued it.
[01:23:20.600 --> 01:23:21.600]  Agreed.
[01:23:21.600 --> 01:23:22.600]  Bushwhack.
[01:23:22.600 --> 01:23:23.600]  Agreed.
[01:23:23.600 --> 01:23:28.440]  And keep in mind, Randy made a very good point.
[01:23:28.440 --> 01:23:29.640]  This is civil litigation.
[01:23:29.640 --> 01:23:33.540]  An ambush is not allowed in civil litigation.
[01:23:33.540 --> 01:23:40.120]  So that's going to be about as close, Bushwhack is about as close as you can get to ambush.
[01:23:40.120 --> 01:23:41.120]  Okay.
[01:23:41.120 --> 01:23:52.040]  And that was my question was, with this evidence that I think is overwhelming, I can't see
[01:23:52.040 --> 01:23:57.120]  a way for the bank to come back after they've made this statement or I have the proof of
[01:23:57.120 --> 01:24:01.620]  this to my homeowners insurance, which is an obligation to my mortgage, how they could
[01:24:01.620 --> 01:24:08.840]  refute the fact that what we just talked about, there are assignments that have not been recorded.
[01:24:08.840 --> 01:24:15.480]  If you have this information, then use it for the purpose of Bushwhack.
[01:24:15.480 --> 01:24:24.960]  See if you can craft your discovery in a way that will get them to take a position so that
[01:24:24.960 --> 01:24:34.480]  when you bring your information out, they will be stuck with collateral estoppel.
[01:24:34.480 --> 01:24:42.040]  See if you can force them to take a position that you can absolutely refute, then you discredit
[01:24:42.040 --> 01:24:44.440]  them before the court.
[01:24:44.440 --> 01:24:56.880]  A rule in civil litigation, never, ever give fair warning if you can avoid it.
[01:24:56.880 --> 01:25:04.400]  This is not civil behavior where we're fair with one another, there's nothing fair about
[01:25:04.400 --> 01:25:05.400]  law.
[01:25:05.400 --> 01:25:13.920]  It's all about Bushwhack and coerce and trick.
[01:25:13.920 --> 01:25:25.960]  My other question with the Bushwhacking here, now that we've termed that, is since my bankruptcy
[01:25:25.960 --> 01:25:30.160]  discharged my debt obligation with the purpose of...
[01:25:30.160 --> 01:25:31.160]  On the mortgage?
[01:25:31.160 --> 01:25:35.320]  No, it did not on the mortgage.
[01:25:35.320 --> 01:25:41.360]  And it just...because the bank never showed up in the creditors meeting to claim that
[01:25:41.360 --> 01:25:44.960]  it owned the property.
[01:25:44.960 --> 01:25:45.960]  Interesting.
[01:25:45.960 --> 01:25:51.520]  Even though it was not listed as unsecured debt, it was just listed as part of the debt
[01:25:51.520 --> 01:25:55.240]  that we were seeking bankruptcy.
[01:25:55.240 --> 01:25:59.040]  And why did you not list it as unsecured on schedule F?
[01:25:59.040 --> 01:26:00.360]  Bad lawyer.
[01:26:00.360 --> 01:26:02.560]  Ah, bad lawyer.
[01:26:02.560 --> 01:26:08.360]  No, no, no, no, good lawyer.
[01:26:08.360 --> 01:26:11.640]  You didn't have excellent lawyer.
[01:26:11.640 --> 01:26:14.440]  Good lawyer should at least get to court.
[01:26:14.440 --> 01:26:15.440]  Okay.
[01:26:15.440 --> 01:26:16.440]  Sober.
[01:26:16.440 --> 01:26:17.440]  She didn't...
[01:26:17.440 --> 01:26:18.440]  Sober.
[01:26:18.440 --> 01:26:25.640]  I mean, we had nothing to lose by her listing it under F. I don't know why she didn't do
[01:26:25.640 --> 01:26:28.440]  that.
[01:26:28.440 --> 01:26:29.440]  But she didn't.
[01:26:29.440 --> 01:26:30.440]  So...
[01:26:30.440 --> 01:26:32.440]  It's already been discharged?
[01:26:32.440 --> 01:26:35.520]  Yes, he's already discharged.
[01:26:35.520 --> 01:26:36.520]  He's got that one gone.
[01:26:36.520 --> 01:26:40.500]  So now he's got some mortgage to deal with now.
[01:26:40.500 --> 01:26:47.400]  But lawyers don't like to do anything that they don't always do.
[01:26:47.400 --> 01:26:50.660]  This has nothing to do with statute or anything.
[01:26:50.660 --> 01:26:54.960]  It has to do with the real world lawyers live in.
[01:26:54.960 --> 01:27:01.160]  Lawyers are terrified of judges because judges can sanction them at the drop of a hat and
[01:27:01.160 --> 01:27:04.520]  judges can sanction them for anything they want to.
[01:27:04.520 --> 01:27:09.800]  So lawyers are terrified about being sanctioned.
[01:27:09.800 --> 01:27:16.360]  A lawyer can be sanctioned if he brings an argument before the court or brings an issue
[01:27:16.360 --> 01:27:20.960]  before the court that has already been ruled against.
[01:27:20.960 --> 01:27:29.640]  Now, you as a pro se are different, but because the judge doesn't have the leverage over you
[01:27:29.640 --> 01:27:33.520]  that he does a lawyer, the only thing he can do to you is rule against you.
[01:27:33.520 --> 01:27:35.880]  A lawyer is a professional.
[01:27:35.880 --> 01:27:39.120]  He is learned counsel.
[01:27:39.120 --> 01:27:45.360]  He can't come in there as learned counsel and make a blatant error in law.
[01:27:45.360 --> 01:27:49.220]  The judge is going to be real unhappy with him.
[01:27:49.220 --> 01:27:55.360]  So because of that, lawyers don't like to do things that they're not real comfortable
[01:27:55.360 --> 01:27:56.360]  doing.
[01:27:56.360 --> 01:28:01.800]  If they've always done it this way, they're going to keep doing it that way.
[01:28:01.800 --> 01:28:05.160]  And you can come in and say, there's a better way to do it, and the lawyer's going to say
[01:28:05.160 --> 01:28:11.260]  or he's not going to say it, he's going to think, I am not going to risk my career to
[01:28:11.260 --> 01:28:18.960]  try some new gambit that this client wants me to throw in front of the court.
[01:28:18.960 --> 01:28:27.520]  We don't realize that the lawyer has his own issues before the court, his own values that
[01:28:27.520 --> 01:28:30.560]  he has to take care of.
[01:28:30.560 --> 01:28:31.560]  He's a businessman.
[01:28:31.560 --> 01:28:33.660]  He's there to make money.
[01:28:33.660 --> 01:28:38.520]  He's not going to risk that on your account.
[01:28:38.520 --> 01:28:42.880]  He's also going to think that if you have a better idea, then why did you come to me?
[01:28:42.880 --> 01:28:48.080]  Because I need someone to stand there and process the paperwork.
[01:28:48.080 --> 01:28:49.080]  Absolutely.
[01:28:49.080 --> 01:28:52.640]  And I'm right there with you.
[01:28:52.640 --> 01:29:00.320]  But your attorney has got to litigate your case the way you want it litigated.
[01:29:00.320 --> 01:29:01.320]  You hired him.
[01:29:01.320 --> 01:29:04.680]  You're his boss.
[01:29:04.680 --> 01:29:05.680]  You're his boss.
[01:29:05.680 --> 01:29:06.980]  You employed him.
[01:29:06.980 --> 01:29:11.360]  He has an engagement or an employment contract with you.
[01:29:11.360 --> 01:29:18.240]  So the only thing he should be really reluctant to do is if you're telling him to do something
[01:29:18.240 --> 01:29:22.140]  that's against the law.
[01:29:22.140 --> 01:29:29.040]  And it's not against the law to file the underlying debt on the negotiable instrument on schedule
[01:29:29.040 --> 01:29:32.520]  F is unsecured.
[01:29:32.520 --> 01:29:37.200]  And we talk about this all the time, so it's real comfortable for us, but these lawyers
[01:29:37.200 --> 01:29:38.200]  don't.
[01:29:38.200 --> 01:29:41.320]  And the first time they hear it, it sounds radical.
[01:29:41.320 --> 01:29:48.000]  They say, well, you signed the no, you entered into this contract, and then you try to explain
[01:29:48.000 --> 01:29:51.520]  to them, yeah, but I don't know what these guys hold.
[01:29:51.520 --> 01:29:52.920]  That doesn't resonate with them.
[01:29:52.920 --> 01:29:55.840]  It takes them a while, and they're scared anyway.
[01:29:55.840 --> 01:29:56.840]  Hang on.
[01:29:56.840 --> 01:30:03.680]  We'll be right back.
[01:30:03.680 --> 01:30:07.840]  Europe has ordered Facebook to delete all facial recognition data it has collected on
[01:30:07.840 --> 01:30:12.320]  users and non-users alike, a clear victory for privacy in cyberspace.
[01:30:12.320 --> 01:30:18.120]  I'm Dr. Catherine Albrecht, back with the details on this mandate in a moment.
[01:30:18.120 --> 01:30:19.840]  Privacy is under attack.
[01:30:19.840 --> 01:30:23.440]  When you give up data about yourself, you'll never get it back again.
[01:30:23.440 --> 01:30:28.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:28.440 --> 01:30:34.080]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:34.080 --> 01:30:36.200]  Privacy, it's worth hanging onto.
[01:30:36.200 --> 01:30:41.880]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[01:30:41.880 --> 01:30:43.560]  Yahoo, and Bing.
[01:30:43.560 --> 01:30:45.560]  Start over with StartPage.
[01:30:45.560 --> 01:30:52.140]  One of the creepier Facebook features is their built-in facial recognition application that
[01:30:52.140 --> 01:30:57.120]  stores users' photos, along with those people who just happen to be standing in the background.
[01:30:57.120 --> 01:31:02.200]  Thankfully, the European Union is challenging this invasive behavior by ordering Facebook
[01:31:02.200 --> 01:31:07.360]  to delete all facial recognition data collected from European users and to switch off the
[01:31:07.360 --> 01:31:10.040]  feature for good across Europe.
[01:31:10.040 --> 01:31:14.260]  Officials in Ireland and Germany said the social media site was breaking European privacy
[01:31:14.260 --> 01:31:18.160]  laws by saving people's images without their consent.
[01:31:18.160 --> 01:31:19.160]  Good move.
[01:31:19.160 --> 01:31:22.240]  The only question is, what are the rest of us waiting for?
[01:31:22.240 --> 01:31:31.120]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.120 --> 01:31:36.480]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.480 --> 01:31:39.080]  The government says that fire brought it down.
[01:31:39.080 --> 01:31:43.540]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.540 --> 01:31:46.240]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.240 --> 01:31:49.000]  Thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:50.320]  I'm not a conspiracy theorist.
[01:31:50.320 --> 01:31:51.320]  I'm a structural engineer.
[01:31:51.320 --> 01:31:52.840]  I'm a New York City correction officer.
[01:31:52.840 --> 01:31:53.840]  I'm an Air Force pilot.
[01:31:53.840 --> 01:31:55.520]  I'm a father who lost his son.
[01:31:55.520 --> 01:31:58.120]  We're Americans, and we deserve the truth.
[01:31:58.120 --> 01:32:01.720]  Go to RememberBuilding7.org today.
[01:32:01.720 --> 01:32:05.480]  After work, I'm so tired that I want to be left alone to sleep.
[01:32:05.480 --> 01:32:06.880]  Hey, listen to me.
[01:32:06.880 --> 01:32:08.040]  Who are you?
[01:32:08.040 --> 01:32:12.000]  I'm you years ago when you felt healthy and young and everything worked on your body.
[01:32:12.000 --> 01:32:13.320]  Do you remember that?
[01:32:13.320 --> 01:32:14.320]  Yes.
[01:32:14.320 --> 01:32:15.440]  I wish I felt like that now.
[01:32:15.440 --> 01:32:20.600]  You can feel like that again with a new micro-plant powder formulation called Iodine Now.
[01:32:20.600 --> 01:32:25.160]  It cleans the entire body from head to toe and feeds the body what it really needs.
[01:32:25.160 --> 01:32:28.680]  You'll be in a better mood, and you'll find more drive in your romantic life.
[01:32:28.680 --> 01:32:29.680]  Really?
[01:32:29.680 --> 01:32:32.040]  I got to try Iodine Now and feel good again.
[01:32:32.040 --> 01:32:36.560]  It also protects you from radiation, heavy metals, fluoride, chlorine, and bromine, including
[01:32:36.560 --> 01:32:38.480]  cancer and most major diseases.
[01:32:38.480 --> 01:32:39.480]  You'll be amazed.
[01:32:39.480 --> 01:32:40.840]  You can be your own doctor.
[01:32:40.840 --> 01:32:44.040]  I want to keep you out of the hospital and off pharmaceuticals.
[01:32:44.040 --> 01:32:45.040]  Wow.
[01:32:45.040 --> 01:32:46.640]  Why are you so nice to me?
[01:32:46.640 --> 01:32:47.640]  Because I'm you.
[01:32:47.640 --> 01:32:50.400]  You're out of shape, and I need a better looking future.
[01:32:50.400 --> 01:32:53.240]  Call 888-910-4367.
[01:32:53.240 --> 01:32:59.280]  That's 888-910-4367, or visit microplantpowder.com.
[01:32:59.280 --> 01:33:00.280]  Microplantpowder.com.
[01:33:00.280 --> 01:33:05.120]  Looking for some truth?
[01:33:05.120 --> 01:33:07.120]  You found it.
[01:33:07.120 --> 01:33:33.800]  Microplantpowder.com, or visit microplantpowder.com.
[01:33:37.120 --> 01:33:55.360]  Okay, we are back, we're in the shop with our video, and Chris, where are we?
[01:33:55.360 --> 01:34:04.000]  We got the notes, got the video, and even though the lawyer didn't do his job right,
[01:34:04.000 --> 01:34:10.560]  and he figured out that lawyers live in a different world than we do, and when I understood
[01:34:10.560 --> 01:34:17.040]  that, I'm not as hard on lawyers as I used to be, and frankly, I'm talking to more lawyers,
[01:34:17.040 --> 01:34:23.040]  and I'm finding out that lawyers are really frustrated with the system.
[01:34:23.040 --> 01:34:26.320]  They understand the problems they have.
[01:34:26.320 --> 01:34:31.720]  They understand things they can't do for their clients, but they would like to be able to.
[01:34:31.720 --> 01:34:36.960]  I just talked to a lawyer in the county I live in, and he's doing criminal law, and
[01:34:36.960 --> 01:34:43.680]  he said if he is a court appointed counsel, and he gets his client to take a plea, he
[01:34:43.680 --> 01:34:46.840]  gets $275.
[01:34:46.840 --> 01:34:51.360]  If the client doesn't take a plea, he gets $175.
[01:34:51.360 --> 01:34:55.920]  That sound like fun?
[01:34:55.920 --> 01:34:58.800]  That sounds cheap.
[01:34:58.800 --> 01:35:08.120]  It's what they have to deal with, and I feel for lawyers and the problems that they have,
[01:35:08.120 --> 01:35:11.800]  but not that much.
[01:35:11.800 --> 01:35:18.040]  Life is tough, and if we want our lawyer to do a good job for us, we have to give our
[01:35:18.040 --> 01:35:26.120]  lawyer plausible deniability, and the way you give your lawyer plausible deniability
[01:35:26.120 --> 01:35:28.320]  is to be the client from hell.
[01:35:28.320 --> 01:35:29.320]  Yes.
[01:35:29.320 --> 01:35:35.760]  So he can go to the judge and say, Judge, you got to cut me some slack here.
[01:35:35.760 --> 01:35:36.760]  You got to cover me.
[01:35:36.760 --> 01:35:40.240]  You know, I've covered your behind with these other chumps.
[01:35:40.240 --> 01:35:43.680]  This guy's going to, he's going to wax my board.
[01:35:43.680 --> 01:35:45.440]  You got to do something to help me.
[01:35:45.440 --> 01:35:49.640]  I'll tell you the specific language an attorney will use.
[01:35:49.640 --> 01:35:55.240]  Your Honor, my client wishes.
[01:35:55.240 --> 01:36:01.120]  It's an attorney's way of saying, Judge, I know better, but this guy's pressuring me
[01:36:01.120 --> 01:36:03.880]  into saying the following.
[01:36:03.880 --> 01:36:05.280]  Perfect.
[01:36:05.280 --> 01:36:09.040]  That's good to hear.
[01:36:09.040 --> 01:36:10.400]  So now we know how to say it.
[01:36:10.400 --> 01:36:13.040]  This is what I wish.
[01:36:13.040 --> 01:36:14.840]  Yes.
[01:36:14.840 --> 01:36:23.840]  My client wishes me to, or my, Your Honor, my client is instructing me or my client is,
[01:36:23.840 --> 01:36:27.360]  he'll always put it back on his client.
[01:36:27.360 --> 01:36:32.320]  You'll notice if you go and court watch, you don't have a dog in the hunt.
[01:36:32.320 --> 01:36:35.080]  You're just there as a spectator.
[01:36:35.080 --> 01:36:39.360]  Listen very closely to the language that comes out of these attorney's mouths.
[01:36:39.360 --> 01:36:43.940]  When an attorney is being pressured to say something he's not comfortable with, or let
[01:36:43.940 --> 01:36:45.060]  me go back.
[01:36:45.060 --> 01:36:48.960]  If he's saying something he is comfortable with, he'll just say it.
[01:36:48.960 --> 01:36:53.160]  But if he's being pressured to say something he's not comfortable with, Your Honor, my
[01:36:53.160 --> 01:36:57.640]  client wants me to fill in the blank.
[01:36:57.640 --> 01:37:02.600]  So that he's telling the judge, don't beat me up for this.
[01:37:02.600 --> 01:37:04.000]  Exactly.
[01:37:04.000 --> 01:37:10.400]  And the judge, the judge knows that, that, that agent, uh, principal relationship, he
[01:37:10.400 --> 01:37:16.720]  understands that the lawyer is, is, uh, employed by the client.
[01:37:16.720 --> 01:37:22.040]  He understands that the client is instructing him, but the lawyer wants to put it on the
[01:37:22.040 --> 01:37:29.120]  record that, Your Honor, my client wishes me to say, whatever the sky is blue or pink
[01:37:29.120 --> 01:37:32.040]  or orange or whatever.
[01:37:32.040 --> 01:37:37.240]  It's really important that we understand where the lawyer lives.
[01:37:37.240 --> 01:37:42.840]  Most of the clients, the lawyer gets, he tells the client what they need to do and they just
[01:37:42.840 --> 01:37:45.840]  let him do whatever.
[01:37:45.840 --> 01:37:51.180]  He's not accustomed to a proactive client.
[01:37:51.180 --> 01:37:56.440]  He's not accustomed to a client coming in and telling him what he is to do.
[01:37:56.440 --> 01:38:03.760]  So we tend to get upset at lawyers because they just do what they do every time.
[01:38:03.760 --> 01:38:05.760]  And we come in and want him to do something else.
[01:38:05.760 --> 01:38:09.480]  We don't realize that this is unusual for them.
[01:38:09.480 --> 01:38:14.940]  So you're kind of bringing the lawyer into uncomfortable territory.
[01:38:14.940 --> 01:38:21.040]  So expect him not to react in the best possible way.
[01:38:21.040 --> 01:38:26.720]  You know, when you get pulled over by a policeman and he's, he's arrogant and threatening, you
[01:38:26.720 --> 01:38:39.160]  tend to react and respond in ways that aren't always ways that you look back on with pride
[01:38:39.160 --> 01:38:44.000]  because you pull out response sets that you don't use often.
[01:38:44.000 --> 01:38:47.760]  And when we pressure a lawyer, we get him to do the same thing.
[01:38:47.760 --> 01:38:52.680]  And sometimes, sometimes lawyers say things that they wish they hadn't said.
[01:38:52.680 --> 01:39:00.880]  Sometimes they get a little more arrogant or frustrated than they should.
[01:39:00.880 --> 01:39:09.160]  Let's cut them some slack, understand where they live and use what we understand about
[01:39:09.160 --> 01:39:14.760]  them to coerce them into doing what we want them to do, whether they want to or not.
[01:39:14.760 --> 01:39:24.400]  When I talk about giving the lawyer plausible deniability, I'm not necessarily talking
[01:39:24.400 --> 01:39:27.760]  about being nice to the lawyer.
[01:39:27.760 --> 01:39:34.240]  Sometimes you've got to give the lawyer the idea that you're fixing to clean his
[01:39:34.240 --> 01:39:42.600]  clock so that when he goes to the judge to sell your position, he sells it better.
[01:39:42.600 --> 01:39:47.840]  When the judge sees real fear in his eyes, he's more likely to buy it.
[01:39:47.840 --> 01:39:53.440]  So you don't have to be nice to your lawyer because you understand him.
[01:39:53.440 --> 01:40:00.040]  And even if you don't give your attorney plausible deniability, he will build his own
[01:40:00.040 --> 01:40:08.440]  by saying, your honor, it is my client's position that the plaintiff is not a party
[01:40:08.440 --> 01:40:10.840]  entitled to enforce the instruments, blah, blah, blah.
[01:40:10.840 --> 01:40:13.880]  Do everything you can to help him.
[01:40:13.880 --> 01:40:21.440]  90% of an attorney's time is spent covering his own behind, whether it's at the office
[01:40:21.440 --> 01:40:23.360]  or whether it's in open court.
[01:40:23.360 --> 01:40:30.120]  90% of his time is spent covering his butt.
[01:40:30.120 --> 01:40:37.600]  So that's good to know because all we have to do now is give him the impression that
[01:40:37.600 --> 01:40:45.560]  we're going to expose his behind and that will give him motivation.
[01:40:45.560 --> 01:40:51.440]  He'll do what he's ordered to do by his boss, no matter how reluctant, but he will.
[01:40:51.440 --> 01:40:57.840]  If you don't allow him plausible deniability, he will build his own.
[01:40:57.840 --> 01:41:02.840]  He's not going to risk his bar card, his bar privileges on your account.
[01:41:02.840 --> 01:41:04.320]  No way.
[01:41:04.320 --> 01:41:05.320]  Okay.
[01:41:05.320 --> 01:41:06.320]  Right.
[01:41:06.320 --> 01:41:10.960]  You got the discovery part down, Chris.
[01:41:10.960 --> 01:41:12.960]  Yes, sir.
[01:41:12.960 --> 01:41:13.960]  Good.
[01:41:13.960 --> 01:41:19.520]  Because discovery is an art form.
[01:41:19.520 --> 01:41:21.160]  It really is an art form.
[01:41:21.160 --> 01:41:27.360]  And the biggest part of the art form are admissions.
[01:41:27.360 --> 01:41:29.360]  Admissions are wonderful.
[01:41:29.360 --> 01:41:38.520]  I won one case a long time ago here in the county again, I won it on discovery, on admissions
[01:41:38.520 --> 01:41:41.120]  and discovery.
[01:41:41.120 --> 01:41:43.560]  I got one to admit something.
[01:41:43.560 --> 01:41:51.580]  See, when guys make up false stories, if you don't force them to retell the story two
[01:41:51.580 --> 01:41:57.560]  or three times, they forget it.
[01:41:57.560 --> 01:41:59.320]  Let me interject something here.
[01:41:59.320 --> 01:42:04.600]  In your admissions, you can ask the same thing twice.
[01:42:04.600 --> 01:42:09.760]  Admit the sky is blue, admit or deny.
[01:42:09.760 --> 01:42:16.040]  Admit the sky is not blue, admit or deny.
[01:42:16.040 --> 01:42:24.960]  And you can make your admissions and craft them in such a way that it's hard to maintain
[01:42:24.960 --> 01:42:25.960]  the lie.
[01:42:25.960 --> 01:42:30.200]  And that's what happened here.
[01:42:30.200 --> 01:42:34.520]  An officer claimed I took a swing at him and the other person spun me around, he grabbed
[01:42:34.520 --> 01:42:36.360]  me and took me to the ground.
[01:42:36.360 --> 01:42:40.080]  So I asked one, I asked them both that when he grabbed me, did he grab me from the front
[01:42:40.080 --> 01:42:41.720]  or from the back?
[01:42:41.720 --> 01:42:46.720]  And that did not seem like, you know, I put it in the middle of a bunch of other things
[01:42:46.720 --> 01:42:52.400]  and all of them sounded innocuous and this one just went right down the stream, it sounded
[01:42:52.400 --> 01:42:55.080]  innocuous.
[01:42:55.080 --> 01:43:04.920]  One guy who didn't do it told the truth, the one guy who did do it lied, got him dead
[01:43:04.920 --> 01:43:08.640]  bay.
[01:43:08.640 --> 01:43:20.520]  Admissions are if you craft them well, don't just ask them for what you want them to admit,
[01:43:20.520 --> 01:43:26.480]  wrap inside their mind and try to figure out how they're going to try to weasel around
[01:43:26.480 --> 01:43:33.600]  you and pick one place to get them to weasel in one direction, another place to get them
[01:43:33.600 --> 01:43:40.080]  to weasel in another direction and put some stuff in between that will distract them so
[01:43:40.080 --> 01:43:44.720]  that they don't directly connect the two together.
[01:43:44.720 --> 01:43:49.720]  And then you get them giving you conflicting answers and when you get them on the stand
[01:43:49.720 --> 01:43:51.760]  with those you have great fun.
[01:43:51.760 --> 01:44:00.200]  This is Randy Kelton, Steve Skidmore with our radio, we'll be right back.
[01:44:00.200 --> 01:44:03.640]  You feel tired when talking about important topics like money and politics?
[01:44:03.640 --> 01:44:04.640]  Sorry.
[01:44:04.640 --> 01:44:07.520]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.520 --> 01:44:08.520]  What?
[01:44:08.520 --> 01:44:12.360]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.360 --> 01:44:17.880]  Hi, my name is Steve Holt and like millions of other Americans, I was diagnosed with stupidity
[01:44:17.880 --> 01:44:19.080]  at an early age.
[01:44:19.080 --> 01:44:23.080]  I had no idea that the number one cause of the disease is found in almost every home
[01:44:23.080 --> 01:44:25.200]  in America, the television.
[01:44:25.200 --> 01:44:30.200]  Unfortunately, that puts most Americans at risk of catching stupidity but there is hope.
[01:44:30.200 --> 01:44:33.980]  The staff at Brave New Books have helped me and thousands of other foxaholics suffering
[01:44:33.980 --> 01:44:38.880]  from sports zombieism recover and because of Brave New Books, I now enjoy reading and
[01:44:38.880 --> 01:44:43.160]  watching educational documentaries without feeling tired or uninterested.
[01:44:43.160 --> 01:44:50.520]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503
[01:44:50.520 --> 01:44:54.560]  or visit them in 1904 Guadalupe or bravenewbookstore.com.
[01:44:54.560 --> 01:44:58.000]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary
[01:44:58.000 --> 01:45:01.120]  and an overall increase in mental functioning.
[01:45:01.120 --> 01:45:04.320]  Are you the plaintiff or defendant in a lawsuit?
[01:45:04.320 --> 01:45:09.560]  Win your case without an attorney with Juris Dictionary, the affordable, easy to understand
[01:45:09.560 --> 01:45:14.840]  four CD course that will show you how in 24 hours, step by step.
[01:45:14.840 --> 01:45:18.760]  If you have a lawyer, know what your lawyer should be doing.
[01:45:18.760 --> 01:45:23.560]  If you don't have a lawyer, know what you should do for yourself.
[01:45:23.560 --> 01:45:27.920]  Thousands have won with our step by step course and now you can too.
[01:45:27.920 --> 01:45:34.720]  Juris Dictionary was created by a licensed attorney with 22 years of case winning experience.
[01:45:34.720 --> 01:45:39.240]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[01:45:39.240 --> 01:45:43.480]  principles and practices that control our American courts.
[01:45:43.480 --> 01:45:49.720]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[01:45:49.720 --> 01:45:52.320]  pro se tactics and much more.
[01:45:52.320 --> 01:45:59.560]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EASY.
[01:45:59.560 --> 01:46:14.920]  Well, you know karma is lurking around the corner, you better watch every step you take.
[01:46:14.920 --> 01:46:32.840]  Welcome back to Rule of Law Radio folks.
[01:46:32.840 --> 01:46:42.240]  We are approaching the halfway point in tonight's four hour show, so 512-646-1984 will get you
[01:46:42.240 --> 01:46:47.600]  in line to speak your mind, speak your peace or ask you questions.
[01:46:47.600 --> 01:46:53.000]  I encourage everybody to dial that number if you got something you want to ask or some
[01:46:53.000 --> 01:46:54.120]  comments you want to offer.
[01:46:54.120 --> 01:46:57.680]  And Danny, we see you waiting in the wings down there, we've not forgotten about you.
[01:46:57.680 --> 01:47:03.720]  But before we went to break, Randy was talking.
[01:47:03.720 --> 01:47:12.320]  But Chris in Pennsylvania, have we got you thoroughly confused or are you pretty much
[01:47:12.320 --> 01:47:13.320]  on track?
[01:47:13.320 --> 01:47:15.480]  No, I'm pretty much on track.
[01:47:15.480 --> 01:47:23.920]  I'm just debating in all we've talked about, I've asked my attorney to run a quiet title
[01:47:23.920 --> 01:47:28.600]  based on the information we've discussed here tonight.
[01:47:28.600 --> 01:47:36.240]  And he's telling me I've given him money to run a quiet title and I've asked him to run
[01:47:36.240 --> 01:47:41.560]  this based on the information we have because I'm thinking that would be an easier approach
[01:47:41.560 --> 01:47:47.040]  to this where the bank would then have to prove their ownership and all of these things
[01:47:47.040 --> 01:47:49.760]  that are in question.
[01:47:49.760 --> 01:47:53.200]  We're not talking about ownership, keep that in mind.
[01:47:53.200 --> 01:47:56.520]  We're not talking about holder, we're not talking about owner, we're not talking about
[01:47:56.520 --> 01:47:59.120]  real party and interest.
[01:47:59.120 --> 01:48:01.680]  Talking about Pete, who's Pete?
[01:48:01.680 --> 01:48:02.680]  Where's Pete?
[01:48:02.680 --> 01:48:03.680]  Are you Pete?
[01:48:03.680 --> 01:48:07.600]  Or is Pete dead?
[01:48:07.600 --> 01:48:11.400]  They shot Pete in the head right after closing, I promise you.
[01:48:11.400 --> 01:48:13.460]  Yep, that was Wachovia.
[01:48:13.460 --> 01:48:16.600]  They're down dealing drug cartel money somewhere better than all of us.
[01:48:16.600 --> 01:48:19.760]  There you go.
[01:48:19.760 --> 01:48:24.440]  But with all that, with a quiet title being run during my foreclosure, I'm going to have
[01:48:24.440 --> 01:48:31.080]  to run a quiet title whether I win my foreclosure or not in order to show, to sell the property
[01:48:31.080 --> 01:48:38.720]  or do anything with it based on the evidence that I have that the chain of title is not
[01:48:38.720 --> 01:48:44.520]  perfected based on the five other mortgagees listed on my homeowner's insurance holding
[01:48:44.520 --> 01:48:48.360]  my mortgage and not being recorded in the Recorder of Deeds Office.
[01:48:48.360 --> 01:48:54.360]  Well, why don't you just file the quiet title yourself, just separate action.
[01:48:54.360 --> 01:48:55.360]  Okay.
[01:48:55.360 --> 01:49:02.320]  And if you win the quiet title, that's collateral estoppel against the bank from pursuing the
[01:49:02.320 --> 01:49:04.760]  foreclosure.
[01:49:04.760 --> 01:49:09.520]  I would think that that would be the apropos thing to do right now while we're, while we
[01:49:09.520 --> 01:49:12.520]  definitely have no lender.
[01:49:12.520 --> 01:49:14.200]  Wells Fargo is claiming they're not the lender.
[01:49:14.200 --> 01:49:16.160]  They're claiming Fannie Mae is the lender.
[01:49:16.160 --> 01:49:21.640]  Fannie Mae isn't listed on my notary or mortgage, so we have no lender who's going to come forward
[01:49:21.640 --> 01:49:24.480]  in a quiet title.
[01:49:24.480 --> 01:49:27.080]  So, perfect.
[01:49:27.080 --> 01:49:29.080]  Good question.
[01:49:29.080 --> 01:49:34.800]  Well, that's what I was thinking and that's why I'm wondering why I paid my attorney to
[01:49:34.800 --> 01:49:39.840]  run a quiet title and he's come up and said, well, I don't think running a quiet title
[01:49:39.840 --> 01:49:46.880]  is an idea right now because it's going to inflict with my, with the foreclosure process.
[01:49:46.880 --> 01:49:48.600]  Yeah, you don't.
[01:49:48.600 --> 01:49:49.600]  That's the idea.
[01:49:49.600 --> 01:49:50.600]  Exactly.
[01:49:50.600 --> 01:49:51.600]  Exactly.
[01:49:51.600 --> 01:49:57.640]  Yeah, he dialed the wrong number.
[01:49:57.640 --> 01:49:59.640]  Oh yeah.
[01:49:59.640 --> 01:50:00.640]  Okay.
[01:50:00.640 --> 01:50:04.320]  Did we lose Danny?
[01:50:04.320 --> 01:50:07.520]  No, Danny's back.
[01:50:07.520 --> 01:50:08.520]  Okay.
[01:50:08.520 --> 01:50:13.040]  My site must not be, there he is.
[01:50:13.040 --> 01:50:14.040]  He came back.
[01:50:14.040 --> 01:50:15.040]  Yeah.
[01:50:15.040 --> 01:50:16.040]  Okay.
[01:50:16.040 --> 01:50:17.040]  We pretty well got you Chris.
[01:50:17.040 --> 01:50:18.040]  Yeah, that's it.
[01:50:18.040 --> 01:50:19.040]  Thanks guys.
[01:50:19.040 --> 01:50:20.640]  I appreciate it.
[01:50:20.640 --> 01:50:22.640]  Appreciate your call.
[01:50:22.640 --> 01:50:25.680]  Let us know how it goes.
[01:50:25.680 --> 01:50:26.680]  I definitely will.
[01:50:26.680 --> 01:50:28.680]  Thanks for, thanks for all your support.
[01:50:28.680 --> 01:50:30.920]  That's what we're here for.
[01:50:30.920 --> 01:50:33.220]  That's why we do this.
[01:50:33.220 --> 01:50:38.120]  We got a country to save folks and we need some help.
[01:50:38.120 --> 01:50:39.120]  Okay.
[01:50:39.120 --> 01:50:43.360]  We are going to Danny in Tennessee.
[01:50:43.360 --> 01:50:46.040]  Hello Danny.
[01:50:46.040 --> 01:50:53.040]  Did we put you to sleep?
[01:50:53.040 --> 01:50:55.200]  I'm not showing Danny on the call bridge now.
[01:50:55.200 --> 01:50:57.640]  He's up on line.
[01:50:57.640 --> 01:50:58.640]  There he is.
[01:50:58.640 --> 01:50:59.640]  There he is.
[01:50:59.640 --> 01:51:00.640]  Danny, do we have you?
[01:51:00.640 --> 01:51:01.640]  Yeah, I'm here.
[01:51:01.640 --> 01:51:02.640]  There he is.
[01:51:02.640 --> 01:51:03.640]  Yeah, I'm here.
[01:51:03.640 --> 01:51:04.640]  Danny in Tennessee.
[01:51:04.640 --> 01:51:10.640]  Sorry it took so long to get to you, but what do you got for us tonight?
[01:51:10.640 --> 01:51:14.280]  Well, I sent Randy some documents.
[01:51:14.280 --> 01:51:18.760]  I've been trying to get, uh, you know, discuss for some time.
[01:51:18.760 --> 01:51:20.880]  Oh man, you screwed up.
[01:51:20.880 --> 01:51:23.040]  You sent them to Randy?
[01:51:23.040 --> 01:51:24.240]  Randy doesn't read his emails.
[01:51:24.240 --> 01:51:25.240]  You know that.
[01:51:25.240 --> 01:51:32.240]  I tried to read the one from all the women.
[01:51:32.240 --> 01:51:33.520]  That was two months ago.
[01:51:33.520 --> 01:51:34.520]  I got one.
[01:51:34.520 --> 01:51:35.520]  Oh boy.
[01:51:35.520 --> 01:51:38.400]  I did get your email, but you're right.
[01:51:38.400 --> 01:51:40.120]  I didn't get to the community.
[01:51:40.120 --> 01:51:44.200]  Oh, well I just, I just sent one, uh, earlier.
[01:51:44.200 --> 01:51:45.200]  Tonight.
[01:51:45.200 --> 01:51:46.200]  Tonight.
[01:51:46.200 --> 01:51:47.200]  Okay.
[01:51:47.200 --> 01:51:51.000]  You must have sent that while he was napping.
[01:51:51.000 --> 01:51:56.680]  It was not from Ingrid?
[01:51:56.680 --> 01:51:57.680]  I'm looking, I'm looking.
[01:51:57.680 --> 01:51:58.680]  No, it was not.
[01:51:58.680 --> 01:51:59.680]  What's your email address, Danny?
[01:51:59.680 --> 01:52:05.600]  Uh, Danny underscore R underscore Murphy.
[01:52:05.600 --> 01:52:06.600]  Okay.
[01:52:06.600 --> 01:52:10.760]  Did you send it to Remedies in Real Estate or Rule of Law Radio?
[01:52:10.760 --> 01:52:12.960]  Rule of Law.
[01:52:12.960 --> 01:52:16.600]  I don't see it.
[01:52:16.600 --> 01:52:20.720]  I don't see anything from you today.
[01:52:20.720 --> 01:52:23.960]  Oh, there it is.
[01:52:23.960 --> 01:52:28.320]  You just send it a few minutes ago right there at the top.
[01:52:28.320 --> 01:52:30.160]  Or okay.
[01:52:30.160 --> 01:52:32.200]  Which document do you want me to look at?
[01:52:32.200 --> 01:52:37.600]  Process for citation, intent to give notice, lack of trial court jurisdiction.
[01:52:37.600 --> 01:52:39.320]  What's the process?
[01:52:39.320 --> 01:52:43.120]  That's the first one.
[01:52:43.120 --> 01:52:44.120]  Notice of process.
[01:52:44.120 --> 01:52:45.120]  Okay.
[01:52:45.120 --> 01:52:46.120]  Notice of process.
[01:52:46.120 --> 01:52:53.280]  Notice hereby given of the process prescribed by Texas corporation code, code of criminal
[01:52:53.280 --> 01:52:57.120]  procedure, cost to develop it to this case.
[01:52:57.120 --> 01:53:03.160]  Well, he's, he was, we've got him listed as actually from around Houston, but gotcha.
[01:53:03.160 --> 01:53:04.160]  Gotcha.
[01:53:04.160 --> 01:53:05.160]  Gotcha.
[01:53:05.160 --> 01:53:07.160]  So you back in Texas, Danny?
[01:53:07.160 --> 01:53:08.160]  No.
[01:53:08.160 --> 01:53:11.440]  I've been helping some others with some things.
[01:53:11.440 --> 01:53:12.440]  Oh, okay.
[01:53:12.440 --> 01:53:14.280]  That's what, that's what this was.
[01:53:14.280 --> 01:53:15.280]  Explain.
[01:53:15.280 --> 01:53:19.480]  I've never seen a notice of process.
[01:53:19.480 --> 01:53:21.600]  Me either.
[01:53:21.600 --> 01:53:23.120]  I've seen service of process.
[01:53:23.120 --> 01:53:24.120]  Wait a minute.
[01:53:24.120 --> 01:53:28.640]  This is notice of process from citation to arraignment.
[01:53:28.640 --> 01:53:35.720]  Is this a notice of what the process should be or what it was, this statement of facts
[01:53:35.720 --> 01:53:36.720]  of what it was?
[01:53:36.720 --> 01:53:38.840]  It was described in the code of criminal procedure.
[01:53:38.840 --> 01:53:39.840]  Oh, okay.
[01:53:39.840 --> 01:53:47.440]  So that's the right thing to get on today because I have been deep in building questionnaires
[01:53:47.440 --> 01:53:55.320]  of this nature on these topics all day and been specifically looking at the differences
[01:53:55.320 --> 01:54:03.600]  between chapter 14, chapter 15 and chapter and 45, 14.
[01:54:03.600 --> 01:54:13.520]  45, 14 is under the magistrates on arrest with and without a warrant.
[01:54:13.520 --> 01:54:19.800]  Chapter 14 is code of criminal procedure arrest without a warrant.
[01:54:19.800 --> 01:54:22.760]  Chapter 15 is arrest with a warrant.
[01:54:22.760 --> 01:54:23.760]  Yeah.
[01:54:23.760 --> 01:54:24.760]  Okay.
[01:54:24.760 --> 01:54:28.560]  Did you, do you want to go through this, Danny?
[01:54:28.560 --> 01:54:33.480]  Well, I'll just kind of outline the, the, the deal of it, you know, lives based on things
[01:54:33.480 --> 01:54:40.000]  you brought up in the past or the last several years of how they're skipping over a lot of
[01:54:40.000 --> 01:54:44.920]  these things, particular chapter 14 and 15.
[01:54:44.920 --> 01:54:45.920]  Yeah.
[01:54:45.920 --> 01:54:54.800]  In chapter 16, 15, 17 is, you've got it listed here and it's really a culprit.
[01:54:54.800 --> 01:55:00.880]  15, 17 is about a half a page sentence.
[01:55:00.880 --> 01:55:07.040]  Whoever wrote that wrote it so it would be impossible for any human being to read and
[01:55:07.040 --> 01:55:09.800]  making sense of.
[01:55:09.800 --> 01:55:16.840]  The only way you can make sense out of 15, 17 is to outline it, break it apart into little
[01:55:16.840 --> 01:55:19.200]  pieces.
[01:55:19.200 --> 01:55:26.320]  But what they're reading here is, and I looked at this today, chapter 16 is an examining
[01:55:26.320 --> 01:55:36.920]  trial and chapter 15, this is an arrest on an existing warrant.
[01:55:36.920 --> 01:55:45.680]  In order to get an existing warrant, there must be an examining trial, but it's an
[01:55:45.680 --> 01:55:48.680]  ex parte examining trial.
[01:55:48.680 --> 01:55:57.360]  In order to issue a warrant, there must necessarily be an ex parte examining trial because if
[01:55:57.360 --> 01:56:05.680]  it wasn't ex parte and you were there, a warrant would be superfluous because the warrant
[01:56:05.680 --> 01:56:09.200]  is for the purpose of arresting you and bringing you before the magistrate.
[01:56:09.200 --> 01:56:11.760]  Already before it, the warrant doesn't mean anything.
[01:56:11.760 --> 01:56:21.560]  So a police officer had to go before a magistrate and the magistrate holds an examining trial,
[01:56:21.560 --> 01:56:25.040]  but he could only hold it with one party because the other party wasn't there, so he finds
[01:56:25.040 --> 01:56:26.040]  probable cause.
[01:56:26.040 --> 01:56:30.440]  And then the person is arrested, he has a right to an examining trial.
[01:56:30.440 --> 01:56:36.480]  And 15, 17 says that he must notify the person that he has a right to an examining trial.
[01:56:36.480 --> 01:56:46.960]  But there are some statements in here that in order to more expeditiously provide the
[01:56:46.960 --> 01:56:58.160]  defendant with the warnings, with the necessary warnings, they can do this, they can do that.
[01:56:58.160 --> 01:57:07.920]  Like if there is not a magistrate within the county, then in order to more expeditiously
[01:57:07.920 --> 01:57:15.400]  provide the person with these warnings, they can take him to a magistrate in another county.
[01:57:15.400 --> 01:57:18.240]  There are several things they mentioned they can do.
[01:57:18.240 --> 01:57:27.440]  What the courts or what the local magistrates have used that to mean is that all they have
[01:57:27.440 --> 01:57:31.960]  to do is give them the statutory warnings.
[01:57:31.960 --> 01:57:36.080]  Well, not so.
[01:57:36.080 --> 01:57:42.600]  They provide these procedures in order to give them the statutory warnings, but they
[01:57:42.600 --> 01:57:45.920]  still have a right to an examining trial.
[01:57:45.920 --> 01:57:54.080]  The first thing, 16.01, in an examining trial is to give them the statutory warnings.
[01:57:54.080 --> 01:58:00.360]  So what they want here is everybody to get those statutory warnings.
[01:58:00.360 --> 01:58:05.960]  And then they're to notify them that they have a right to an examining trial.
[01:58:05.960 --> 01:58:12.080]  The way they do it now, they notify you that you have a right to an examining trial while
[01:58:12.080 --> 01:58:18.920]  they are in the process of denying you a right to an examining trial.
[01:58:18.920 --> 01:58:21.040]  That's been a real problem.
[01:58:21.040 --> 01:58:24.240]  Okay, I got off on a tear.
[01:58:24.240 --> 01:58:29.800]  Okay, Danny, you go through this and I'll keep my mouth shut.
[01:58:29.800 --> 01:58:32.920]  How about we do that after the break?
[01:58:32.920 --> 01:58:37.920]  Let's do that after we fall off the cliff.
[01:58:37.920 --> 01:58:38.920]  No.
[01:58:38.920 --> 01:58:39.920]  Okay.
[01:58:39.920 --> 01:58:50.320]  Randy Kelton, Steve Skidmore, Rosebud Radio, we'll be right back.
[01:58:50.320 --> 01:58:55.720]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[01:58:55.720 --> 01:58:58.540]  because they struggle to understand it.
[01:58:58.540 --> 01:59:03.920]  Some new translations try to help by simplifying the text, but in the process can compromise
[01:59:03.920 --> 01:59:07.040]  the profound meaning of the scripture.
[01:59:07.040 --> 01:59:08.960]  Enter the recovery version.
[01:59:08.960 --> 01:59:14.880]  First, this new translation is extremely faithful and accurate, but the real story is the more
[01:59:14.880 --> 01:59:18.280]  than 9,000 explanatory footnotes.
[01:59:18.280 --> 01:59:23.600]  Difficult and profound passages are opened up in a marvelous way, providing an entrance
[01:59:23.600 --> 01:59:28.280]  into the riches of the Word beyond which you've ever experienced before.
[01:59:28.280 --> 01:59:33.480]  Bibles for America would like to give you a free recovery version simply for the asking.
[01:59:33.480 --> 01:59:43.900]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[01:59:43.900 --> 01:59:49.640]  or by ordering online at freestudybible.com, that's freestudybible.com.
[01:59:49.640 --> 02:00:14.560]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.