ROL_2014-10-17_16k_Hr3-4.timecode

[00:00.000 --> 00:07.520]  This is the Liberty Beat, your daily source for Liberty News and activist updates online
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[00:09.240 --> 00:13.720]  I'm Brian Hagan with your Liberty Beat for Friday, October 17, 2014.
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[00:44.920 --> 00:48.600]  In the news, the United Nations High Commissioner for Human Rights has warned that extreme quarantine
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[02:46.280 --> 02:50.960]  This is the Liberty Beat for Friday, October 16, 2014.
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[03:24.960 --> 03:28.680]  Thank y'all for tuning in on this beautiful Friday night.
[03:28.680 --> 03:35.680]  Before we left to break, we were speaking with Jeff and Marilyn regarding the duties
[03:35.680 --> 03:44.960]  or lack thereof of a trustee in a real estate mortgage investment conduit, aka, good lord
[03:44.960 --> 03:48.640]  if I can untie my tongue, aka, Rammock.
[03:48.640 --> 03:56.320]  These are the securities trusts in where mortgage-backed securities, it is alleged folks, those of you
[03:56.320 --> 04:03.440]  with mortgages out there, that your mortgage is in a trust, though that is another argument
[04:03.440 --> 04:16.920]  for another day, I would object to that claim, but all of that set aside, Mr. Jeff, you raise
[04:16.920 --> 04:20.520]  a very, very good point.
[04:20.520 --> 04:31.520]  Yes, and in a deed of trust, the trustee is given very specific duties concerning being
[04:31.520 --> 04:40.160]  able to exercise the privileges granted in the trust, i.e., foreclosure.
[04:40.160 --> 04:47.080]  So you're saying that in a remit, or these pass-through trusts, that the trustee is not
[04:47.080 --> 04:48.080]  given that authority?
[04:48.080 --> 04:55.760]  Well, what I'm saying is, in those remits that I have read, he's not given that.
[04:55.760 --> 05:00.360]  You'd have to read in whatever trust that you might be specifically involved in, you'd
[05:00.360 --> 05:06.400]  have to pull that trust down and read the duties and definitions of the trustee contained
[05:06.400 --> 05:07.960]  in that particular trust.
[05:07.960 --> 05:14.520]  And again, that can be found in the pooling and servicing agreement, and that can be found
[05:14.520 --> 05:21.480]  depending on the originator and what trust your mortgage-backed security instrument
[05:21.480 --> 05:29.880]  or your photostat copy of the documents that you signed were placed in, or an interest
[05:29.880 --> 05:32.200]  in those documents were placed in.
[05:32.200 --> 05:38.880]  If it is controlled by the Securities Exchange Commission, you can pull a copy of that pooling
[05:38.880 --> 05:43.440]  and servicing agreement down from the SEC website.
[05:43.440 --> 05:48.200]  They are all very, very similar in language.
[05:48.200 --> 05:49.200]  Yeah, right.
[05:49.200 --> 05:52.400]  Keep in mind now you're looking at four to five hundred pages.
[05:52.400 --> 05:53.400]  Correct.
[05:53.400 --> 05:59.920]  Yes, now if you've got Fannie Mae, Freddie Mac, Jenny Mae, those are going to be a little
[05:59.920 --> 06:03.080]  more difficult to get your hand on.
[06:03.080 --> 06:06.480]  But if you are able to get your hand on them, they are all uniform.
[06:06.480 --> 06:08.480]  They are all identical.
[06:08.480 --> 06:09.480]  Okay.
[06:09.480 --> 06:16.400]  Now, I want to change subjects on you just a little bit, but not terribly much.
[06:16.400 --> 06:17.400]  Okay.
[06:17.400 --> 06:20.360]  There was a recent decision that came out of Illinois.
[06:20.360 --> 06:23.360]  Are you aware of that?
[06:23.360 --> 06:24.360]  In lightness.
[06:24.360 --> 06:25.360]  Dino.
[06:25.360 --> 06:26.360]  Not familiar.
[06:26.360 --> 06:27.360]  Versus Dino.
[06:27.360 --> 06:28.360]  Say it again.
[06:28.360 --> 06:30.360]  Say it again.
[06:30.360 --> 06:32.360]  What's the style?
[06:32.360 --> 06:36.760]  First mortgage versus Dino, D-I-N-A.
[06:36.760 --> 06:37.760]  Not familiar.
[06:37.760 --> 06:38.760]  Okay.
[06:38.760 --> 06:47.680]  The Appeals Court back in April basically said, first mortgage, you may not come in here with
[06:47.680 --> 06:55.400]  that mortgage because that mortgage was created by a mortgage company that was not authorized
[06:55.400 --> 06:58.480]  to do business and write mortgages in this state.
[06:58.480 --> 06:59.480]  Oh.
[06:59.480 --> 07:03.360]  And the fact that you are an holder in due course matters not because the mortgage was
[07:03.360 --> 07:05.800]  void, I've an issue.
[07:05.800 --> 07:08.440]  Oh, sweet.
[07:08.440 --> 07:14.480]  You may hold the debt obligation, but you don't hold the privilege.
[07:14.480 --> 07:17.680]  Oh, it gets a little bit better.
[07:17.680 --> 07:18.680]  Okay.
[07:18.680 --> 07:23.760]  Within the last two weeks, the Supreme Court refused to hear the appeal.
[07:23.760 --> 07:25.560]  Oh, nice.
[07:25.560 --> 07:32.000]  Folks, when Supreme Court refuses to hear an appeal, that means there's no merit to it.
[07:32.000 --> 07:33.000]  All right.
[07:33.000 --> 07:34.000]  Okay.
[07:34.000 --> 07:38.280]  There is somewhat of a distinction here.
[07:38.280 --> 07:41.320]  We spoke on this subject the other day.
[07:41.320 --> 07:50.080]  You clarify the distinction as it relates to the Utah case where the federal judge threw
[07:50.080 --> 07:56.360]  Bank of America out of Utah and the feds came in and put them back in Utah.
[07:56.360 --> 07:58.280]  Will you explain the distinction?
[07:58.280 --> 07:59.520]  I can't.
[07:59.520 --> 08:05.640]  I can't.
[08:05.640 --> 08:08.680]  Was that an affirmative or negative?
[08:08.680 --> 08:11.440]  Will you spoke to that the other day?
[08:11.440 --> 08:13.440]  I don't remember.
[08:13.440 --> 08:19.080]  It was about inays.
[08:19.080 --> 08:26.600]  Inays are not required to register with the Secretary of the States any longer.
[08:26.600 --> 08:32.680]  They are totally independent of the state.
[08:32.680 --> 08:40.120]  In a sense, they're not registered with the state, they do not have resident agents.
[08:40.120 --> 08:46.880]  According to my congressman, which I do not trust, I can serve any branch manager.
[08:46.880 --> 08:56.720]  I rather serve the bank directly, which I do, but they're not required to register with
[08:56.720 --> 09:00.720]  the Secretary of the State.
[09:00.720 --> 09:07.920]  That's how when the judge in Utah threw out Bank of America, that's how the feds brought
[09:07.920 --> 09:08.920]  him back in.
[09:08.920 --> 09:14.480]  In this case, I take it that the lender was not a national association.
[09:14.480 --> 09:16.120]  No, it was not.
[09:16.120 --> 09:19.800]  When you say the feds define, Randy?
[09:19.800 --> 09:27.760]  The federal court, when Utah threw the Bank of America out of Utah because they weren't
[09:27.760 --> 09:35.560]  registered to do business in the state, within, I think, seven days, the federal court heard
[09:35.560 --> 09:42.080]  their Bank of America's claim and ruled that Bank of America didn't have to register with
[09:42.080 --> 09:49.400]  Utah, that they could do business anywhere in the United States.
[09:49.400 --> 09:54.040]  If you're not dealing with Bank of America, or your original lender is not one of the
[09:54.040 --> 10:00.480]  NAs, I'm sorry, hold on, that is a question.
[10:00.480 --> 10:05.920]  Does it have to do with the original lender, or only the purported holder?
[10:05.920 --> 10:08.400]  The original lender.
[10:08.400 --> 10:12.880]  If the original lender isn't in a, they could do business there.
[10:12.880 --> 10:21.680]  What if the instrument has been transferred to someone else who now stands up as the holder?
[10:21.680 --> 10:23.280]  That was the case of the first mortgage.
[10:23.280 --> 10:28.480]  The first mortgage was a holder, and due course, they had purchased the mortgage.
[10:28.480 --> 10:34.520]  Now, they're the holder, and they would have to also be registered to do business in the
[10:34.520 --> 10:35.520]  state.
[10:35.520 --> 10:41.200]  No, no, no, no, no, what I understood earlier is that the originator was not, so it makes
[10:41.200 --> 10:43.520]  no difference as to who the holder is.
[10:43.520 --> 10:44.520]  That was cool.
[10:44.520 --> 10:47.520]  That was going to go back to it in just a moment.
[10:47.520 --> 10:53.360]  The first mortgage was licensed and properly and duly executed all the proper paperwork
[10:53.360 --> 10:58.560]  to be able to do business in the state of Illinois, but as the court told them, since
[10:58.560 --> 11:04.400]  the mortgage was void, I'm an issue, don't bother coming in here.
[11:04.400 --> 11:06.080]  You have no standing.
[11:06.080 --> 11:11.160]  So they were the ones who had received the note after the fact?
[11:11.160 --> 11:14.240]  Correct.
[11:14.240 --> 11:24.480]  So if this entity, if the original note was done by a national association, it would
[11:24.480 --> 11:32.360]  seem based on that same ruling that if the national association transferred the document
[11:32.360 --> 11:39.720]  to someone who was not a national association and not registered to do business in the state.
[11:39.720 --> 11:45.080]  I'm not going to even go with you, Randy, because I don't know how they would rule.
[11:45.080 --> 11:51.880]  If they ruled that you had to, if you're not an association and you had to be registered
[11:51.880 --> 11:59.520]  in the state, it sounds like the standard claim that you don't have power to invoke
[11:59.520 --> 12:06.080]  the subject matter jurisdiction of this court in this state if you haven't registered to
[12:06.080 --> 12:07.480]  do business in the state.
[12:07.480 --> 12:08.480]  So yeah.
[12:08.480 --> 12:11.880]  Well, wouldn't that be an impersonal jurisdiction challenge?
[12:11.880 --> 12:17.240]  You and I both know that that's the way it's supposed to be and of course ignore it.
[12:17.240 --> 12:24.520]  Well, I'm saying that this sounds like it would essentially be the same claim that as
[12:24.520 --> 12:31.240]  soon as that instrument transferred to someone who was not registered to do business in the
[12:31.240 --> 12:36.280]  state of Illinois, it became void, even if it was good before that.
[12:36.280 --> 12:40.080]  Now, the instrument is not void.
[12:40.080 --> 12:41.080]  Not necessarily.
[12:41.080 --> 12:42.080]  Unenforceable.
[12:42.080 --> 12:43.200]  But the instrument's not void.
[12:43.200 --> 12:44.200]  By the holder.
[12:44.200 --> 12:47.440]  Say it again, Jeff.
[12:47.440 --> 12:53.480]  The standing of the claimant may be void, but the instrument itself is not.
[12:53.480 --> 12:59.720]  Yes, yes, the instrument is not necessarily void by that act, but the holder that has
[12:59.720 --> 13:10.280]  no power to invoke the remedy, invoke a remedy in the state because by not filing to do business
[13:10.280 --> 13:13.760]  in the state, they haven't availed themselves of that privilege.
[13:13.760 --> 13:18.760]  Well, in theory, that's the way it's supposed to be for anyone coming into the state courts.
[13:18.760 --> 13:22.760]  If they're not licensed to do business in that state, they're not supposed to have
[13:22.760 --> 13:32.480]  standing to appear in those courts, but they're not, okay, but here's the thing.
[13:32.480 --> 13:36.400]  Under the full-facing credit and the 14th Amendment, you can bring that into your Texas
[13:36.400 --> 13:44.040]  cases and having persuasive value, you might be able to sway the courts.
[13:44.040 --> 13:51.840]  I would think that because of the nature of that issue, that would already be addressed
[13:51.840 --> 13:54.080]  at some place, certainly.
[13:54.080 --> 14:01.280]  Well, there's been no Supreme Court ruling like this in this country ever.
[14:01.280 --> 14:03.600]  Let me ask you a question, Jeff.
[14:03.600 --> 14:11.400]  If you're in the state court by raising an issue under the 14th Amendment of the U.S.
[14:11.400 --> 14:16.960]  Constitution, are you not invoking, are you not creating a federal question?
[14:16.960 --> 14:17.960]  You could be.
[14:17.960 --> 14:26.760]  Yeah, so that could be removed from, by doing so, you could prompt the opposing party to
[14:26.760 --> 14:34.400]  remove your state case to the Fed because you've raised a federal question, which in
[14:34.400 --> 14:40.760]  this case, if you're raising a U.S. Constitutional issue, that's where you want to be.
[14:40.760 --> 14:41.760]  You don't want to be in the state court.
[14:41.760 --> 14:42.760]  You want to be in the federal court.
[14:42.760 --> 14:49.680]  Wait, it won't help it, but if you're in the northern district down there, who'd want
[14:49.680 --> 14:50.680]  to be in the federal court?
[14:50.680 --> 14:57.640]  Jeff, even if you did make a federal claim and they removed it to the federal court with
[14:57.640 --> 15:07.280]  the 2011 Venue and Removal Clarification Act, it wouldn't make any difference because the
[15:07.280 --> 15:17.440]  court would have no option other than to sever all state claims and remat, no subject matter
[15:17.440 --> 15:19.920]  jurisdiction over state claims.
[15:19.920 --> 15:21.880]  That act changed everything.
[15:21.880 --> 15:25.480]  Well, the 14th Amendment isn't a state claim.
[15:25.480 --> 15:31.680]  Well, even the 14th Amendment claim, he could leave in the federal court, but any claim
[15:31.680 --> 15:37.080]  concerning the property or the standing of the party to bring a claim against the party
[15:37.080 --> 15:38.080]  doesn't make any difference.
[15:38.080 --> 15:39.080]  Let's see where you're going.
[15:39.080 --> 15:40.080]  Okay.
[15:40.080 --> 15:47.600]  That goes back to a state law and with the Removal and Clarification Act, the last couple
[15:47.600 --> 15:52.960]  of times I had a case removed to the federal court when I filed a trespass to try a title,
[15:52.960 --> 15:56.800]  I didn't file a motion to remand.
[15:56.800 --> 16:05.200]  I filed a challenge to subject matter jurisdiction because that's what that law goes to.
[16:05.200 --> 16:14.600]  It says you don't have any jurisdiction at all, you must remand unless there's complete
[16:14.600 --> 16:15.600]  diversity.
[16:15.600 --> 16:22.640]  And even if there's complete diversity, there are some state issues that still can be remanded
[16:22.640 --> 16:26.480]  back to the state court.
[16:26.480 --> 16:27.480]  And they're limited.
[16:27.480 --> 16:32.920]  And this one, the whole point is is they can't get diversity.
[16:32.920 --> 16:35.520]  That was a whole issue.
[16:35.520 --> 16:36.520]  Yeah.
[16:36.520 --> 16:37.520]  Yeah.
[16:37.520 --> 16:40.520]  There's no such thing as diversity if there's a lack of subject matter jurisdiction.
[16:40.520 --> 16:44.280]  And I hear the music in the background, Jeff, do you want to stay on?
[16:44.280 --> 16:47.520]  I got one more thing to bring up and then I'll go.
[16:47.520 --> 16:48.520]  Okay.
[16:48.520 --> 16:51.360]  Stay there and we'll be right back, folks.
[16:51.360 --> 16:53.160]  Max in Texas, we see you there.
[16:53.160 --> 16:54.160]  Folks, stay tuned.
[16:54.160 --> 16:55.760]  You're listening to Rural Law Radio.
[16:55.760 --> 17:00.720]  We'll be right back.
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[19:05.000 --> 19:20.560]  at yahoo.com Well don't let nothing get to you, only the father can deliver you, but don't
[19:20.560 --> 19:24.880]  let bad-mine people hurt you, until she's done getting behind you.
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[19:25.880 --> 19:30.560]  Welcome back to the rule of law radio folks and thanks to Three Shoes Posse for the bumper
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[20:01.960 --> 20:08.760]  Before we left for break, we were speaking with Jeff in Maryland and Jeff, you said
[20:08.760 --> 20:11.080]  you had one more issue you'd like to raise, sir.
[20:11.080 --> 20:12.080]  You had the floor.
[20:12.080 --> 20:13.080]  Yes, sir.
[20:13.080 --> 20:14.080]  Yes, indeed.
[20:14.080 --> 20:23.480]  There was a lady down in Georgia who had an FDCPA action in the courts and I'm sure
[20:23.480 --> 20:25.480]  you're familiar with FDCPA.
[20:25.480 --> 20:26.480]  Oh yes.
[20:26.480 --> 20:30.200]  The Faraday Collection Practices Act.
[20:30.200 --> 20:31.200]  Right.
[20:31.200 --> 20:37.840]  One of the things that she brought to bear was Georgia's own financial abuse of the
[20:37.840 --> 20:45.680]  elderly statutes and the penalty on that was $10,000 per violation with the potential
[20:45.680 --> 20:47.680]  of trouble.
[20:47.680 --> 20:53.400]  It says 30,000, potentially 30,000 per violation.
[20:53.400 --> 20:55.400]  Per violation.
[20:55.400 --> 20:56.400]  Wow.
[20:56.400 --> 21:02.080]  So if you've got a half a dozen or more FDCPA violations, that'll leave a mark in your
[21:02.080 --> 21:03.080]  billfold.
[21:03.080 --> 21:09.480]  Yeah, it'll make a big, put a bit size lump in your jeans, that's for sure.
[21:09.480 --> 21:16.200]  So, you need to check into what provisions there might be in Texas for financial abuse
[21:16.200 --> 21:20.760]  of the elderly and whether or not you have a private right of action and what the penalties
[21:20.760 --> 21:21.760]  might be.
[21:21.760 --> 21:26.880]  I don't know for Texas, but one of the things that did happen here recently was they had
[21:26.880 --> 21:33.880]  filed their 26 F and given the history of the particular creditor involved and the particular
[21:33.880 --> 21:44.560]  law firm, when the judge did the scheduling order, he bound them over for arbitration
[21:44.560 --> 21:54.080]  and included a copy of the case out of, where it was Iowa, I think, where the attorney firm
[21:54.080 --> 22:00.200]  had been sanctioned $100,000 for obstructionist discovery and basically put them on notice
[22:00.200 --> 22:04.680]  that if they try to obstruct discovery, you're going to get sanctioned.
[22:04.680 --> 22:05.680]  Again.
[22:05.680 --> 22:07.680]  It occurred within five days.
[22:07.680 --> 22:09.680]  Oh, man.
[22:09.680 --> 22:10.680]  Okay.
[22:10.680 --> 22:11.680]  Oh boy.
[22:11.680 --> 22:18.920]  So, one of the things that we're doing and are starting to do is when we do our 26 Fs
[22:18.920 --> 22:27.080]  on the FDCPA, FCRA and TCPA, is we request and actually schedule it into the scheduling
[22:27.080 --> 22:37.800]  order a time which they mutually stipulated or jointly stipulated protection order will
[22:37.800 --> 22:45.280]  be done so that they can't use that to obstruct discovery.
[22:45.280 --> 22:46.280]  Nice.
[22:46.280 --> 22:47.280]  Nice.
[22:47.280 --> 22:55.880]  A little strategy, but also as I said, you folks may want to take a look at whatever provisions
[22:55.880 --> 22:59.360]  there might be for a financial abuse of the elder than in your state.
[22:59.360 --> 23:03.040]  All states have elderly abuse statutes.
[23:03.040 --> 23:04.760]  I definitely want to look at that.
[23:04.760 --> 23:07.280]  That really got my attention.
[23:07.280 --> 23:22.160]  But the protective order, the mutually agreed protective order and this concerns discovery.
[23:22.160 --> 23:25.200]  What was the nature of the order?
[23:25.200 --> 23:31.760]  Responses and discovery is, you know, we need it with, that's confidential information
[23:31.760 --> 23:36.640]  and so on and so forth and we need a protective order and then you don't get one.
[23:36.640 --> 23:41.160]  And they keep dragging their heels on that until you run out of discovery time.
[23:41.160 --> 23:42.160]  No.
[23:42.160 --> 23:51.080]  We want the joint stipulated protective order done and scheduled right along with the discovery.
[23:51.080 --> 23:54.640]  Cut them off the past.
[23:54.640 --> 23:55.640]  Yeah.
[23:55.640 --> 23:59.640]  And also frightens them because all of a sudden we're not the dumb pros say they think
[23:59.640 --> 24:00.640]  there we are.
[24:00.640 --> 24:01.640]  There you go.
[24:01.640 --> 24:07.040]  Jeff, you've got some involvements in some very helpful groups.
[24:07.040 --> 24:12.640]  Would you mind, for sake of our listening audience, putting out your URLs?
[24:12.640 --> 24:20.640]  Well, you have an advertiser and I'm not sure that I would want to do that.
[24:20.640 --> 24:21.640]  Okay.
[24:21.640 --> 24:22.640]  Okay.
[24:22.640 --> 24:23.640]  Fair enough.
[24:23.640 --> 24:24.640]  Okay.
[24:24.640 --> 24:25.640]  I think.
[24:25.640 --> 24:26.640]  Appreciate the consideration.
[24:26.640 --> 24:28.640]  He's stepping on ethics there.
[24:28.640 --> 24:29.640]  Okay.
[24:29.640 --> 24:30.640]  Okay.
[24:30.640 --> 24:32.640]  That's my own website that you can go take a look at.
[24:32.640 --> 24:33.640]  There you go.
[24:33.640 --> 24:34.640]  Okay.
[24:34.640 --> 24:35.640]  And it's voidjudgements.com.
[24:35.640 --> 24:36.640]  That's simple.
[24:36.640 --> 24:37.640]  J-E-G-M-E-N-T-S.com.
[24:37.640 --> 24:38.640]  Pearl.
[24:38.640 --> 24:39.640]  Yeah.
[24:39.640 --> 24:51.640]  And it's crammed full of very useful information.
[24:51.640 --> 24:54.640]  Most of which I have plagiarized at one time or another.
[24:54.640 --> 24:55.640]  That's all right.
[24:55.640 --> 24:56.640]  I forgive you.
[24:56.640 --> 25:08.640]  Well, while we're at this shameless self-promotion, anybody who wanted to go into this fight-in-the-bank
[25:08.640 --> 25:13.640]  thing bareback that is without representative counsel, anybody who wants to go in pro se,
[25:13.640 --> 25:20.640]  I have established a website on WordPress that is geared for the pro se litigant.
[25:20.640 --> 25:23.640]  And that would be pro se foreclosure.
[25:23.640 --> 25:24.640]  That's all one word.
[25:24.640 --> 25:28.640]  Pro se foreclosure.wordpress.com.
[25:28.640 --> 25:30.640]  Visit that.
[25:30.640 --> 25:32.640]  Get some helpful tips.
[25:32.640 --> 25:38.640]  I've done kind of like a brain dump, as I'm sure Jeff has on voidjudgements.com.
[25:38.640 --> 25:43.640]  I've done a brain dump on there, and it's available to the public at no cost.
[25:43.640 --> 25:44.640]  Use it, folks.
[25:44.640 --> 25:46.640]  That's what it's there for.
[25:46.640 --> 25:47.640]  Use it.
[25:47.640 --> 25:52.640]  And you might look at freeforeclosurehelp.net.
[25:52.640 --> 25:57.640]  That's my brain dump.
[25:57.640 --> 26:02.640]  That's freeforeclosurehelp.net.
[26:02.640 --> 26:11.640]  Pro se foreclosure.wordpress.com and voidjudgementsplural, voidjudgements.com.
[26:11.640 --> 26:13.640]  Is that correct, Jeff?
[26:13.640 --> 26:14.640]  Yes.
[26:14.640 --> 26:15.640]  Very good.
[26:15.640 --> 26:16.640]  Very good.
[26:16.640 --> 26:26.640]  And I thank you for the promotion, and I'll let your other guest or other caller from Texas get in, and I'll shut up and go away.
[26:26.640 --> 26:28.640]  Jeff, you're always welcome here.
[26:28.640 --> 26:34.640]  You always bring food for thought, and many thanks to you for it, sir.
[26:34.640 --> 26:35.640]  You're welcome, sir.
[26:35.640 --> 26:45.640]  I was going to say thanks, but I didn't want you to misconstrue that as saying thanks for shutting up and going away.
[26:45.640 --> 26:47.640]  Now, what he said...
[26:47.640 --> 26:49.640]  Good night.
[26:49.640 --> 26:51.640]  Good night, Jeff.
[26:51.640 --> 26:54.640]  Now, we're going to go to Max in Texas.
[26:54.640 --> 26:56.640]  Max, thank you for staying on the line.
[26:56.640 --> 26:57.640]  What do you got for us tonight?
[26:57.640 --> 27:01.640]  I understand you want to chime in on Santiago V. Mackie.
[27:01.640 --> 27:09.640]  Yeah, and I guess I should thank the gentleman from Maryland there for yielding the floor so gracefully.
[27:09.640 --> 27:10.640]  He's like that.
[27:10.640 --> 27:11.640]  Yeah.
[27:11.640 --> 27:12.640]  Just a good guy.
[27:12.640 --> 27:14.640]  I know Jeff.
[27:14.640 --> 27:18.640]  I wanted to play a devil's advocate with the Mackie V. Santiago.
[27:18.640 --> 27:20.640]  Oh, please do.
[27:20.640 --> 27:29.640]  Yeah, and what I was thinking is that it sounds like that this Mackie was just...
[27:29.640 --> 27:35.640]  He got a little bit arrogant and forgot his jurisdictionary skills and...
[27:35.640 --> 27:39.640]  I don't think he's ever heard of jurisdictionary, but okay.
[27:39.640 --> 27:40.640]  I'll buy that.
[27:40.640 --> 27:48.640]  He forgot to refute all the elements of the charge made against him in some sort of in the alternative statement.
[27:48.640 --> 27:49.640]  That's just it.
[27:49.640 --> 27:51.640]  He didn't raise any argument at all.
[27:51.640 --> 27:54.640]  The only thing that he raised was, hey, you can't sue us.
[27:54.640 --> 27:56.640]  We're immune.
[27:56.640 --> 28:00.640]  That was Mackie's fatal flaw in this.
[28:00.640 --> 28:04.640]  Their fatal flaw was that they never denied any wrongdoing.
[28:04.640 --> 28:05.640]  They admitted it.
[28:05.640 --> 28:07.640]  Without denying it, they admitted it.
[28:07.640 --> 28:15.640]  And if Mackie had merely argued in the alternative, the document presented was, in fact, a true
[28:15.640 --> 28:20.640]  and accurate copy of the original and his sufficient...
[28:20.640 --> 28:24.640]  They couldn't do that either because it wasn't certified.
[28:24.640 --> 28:27.640]  If it was certified, that'd be a different story.
[28:27.640 --> 28:37.640]  He could also argue that had they had the plaintiff requested a certified document, he would have had it certified.
[28:37.640 --> 28:44.640]  I mean, these are claims that you and I would lose these claims.
[28:44.640 --> 28:51.640]  Yes, we would, but apparently Santiago didn't, but Santiago requested to see the original, not a copy of it.
[28:51.640 --> 29:00.640]  I know what he requested, but I also know that the courts, if you give them a way to rule in his favor,
[29:00.640 --> 29:02.640]  they're going to rule in his favor.
[29:02.640 --> 29:03.640]  I agree.
[29:03.640 --> 29:11.640]  If they ruled on the fact that, oh, yeah, that copy was good enough because that's what they did in Colorado,
[29:11.640 --> 29:17.640]  then Santiago would go to the Court of Appeals and say, oh, no, it wasn't, no, it wasn't, no, it wasn't.
[29:17.640 --> 29:30.640]  And if the courts ruled in Mackey's favor, they wouldn't change the law as anywhere near as bad as they would
[29:30.640 --> 29:34.640]  on saying lawyers could present fraudulent documents.
[29:34.640 --> 29:42.640]  They had something that they could have made up some kind of story and used some discretion,
[29:42.640 --> 29:47.640]  but Mackey didn't give him anything to work with.
[29:47.640 --> 29:49.640]  And that was my point earlier.
[29:49.640 --> 29:53.640]  He should have gave them something they could go into a bogus decision on.
[29:53.640 --> 29:59.640]  And we'll be right back after this message. Stay tuned.
[29:59.640 --> 30:02.640]  Hey, wipe that grin off your face.
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[30:24.640 --> 30:26.640]  So protect your rights.
[30:26.640 --> 30:30.640]  Say no to surveillance and keep your information to yourself.
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[33:19.640 --> 33:30.640]  Welcome back to Rule of Law Radio folks.
[33:30.640 --> 33:37.640]  Is my mic on? Yeah, I guess it is. Welcome back. I'm sorry. Welcome back to Rule of Cut. Take two. Take three.
[33:37.640 --> 33:45.640]  Welcome back to Rule of Law Radio folks. Before we left on that brief intermission, we were speaking with Max in Texas.
[33:45.640 --> 33:52.640]  Max is playing a very good devil's advocate there.
[33:52.640 --> 33:57.640]  Max, this is kind of what we need. We need some opposing opinion.
[33:57.640 --> 34:07.640]  Let's blow some holes in this because if there's any way that the Mackie wolves are out there, then there are a bunch of wolves out there.
[34:07.640 --> 34:15.640]  If there's any way they can fix this problem and march forward with business as usual, they're going to do it.
[34:15.640 --> 34:35.640]  So this would be the time to blow holes in this thing and find out how to circumvent whatever claims or affirmative defenses that a law firm might bring in opposition to claims such as fraudulent
[34:35.640 --> 34:51.640]  misrepresentation of material facts, conspiracy, things of the nature that Santiago raised in their appeal.
[34:51.640 --> 34:57.640]  So how would you defend against this claim, Max?
[34:57.640 --> 35:14.640]  You guys kind of cut me off with your audio suppressor in the alternative. And if Mackie would have, in their initial motion for summary judgment, included all of his affirmative defenses,
[35:14.640 --> 35:27.640]  supposing he had them, which obviously in the end they don't, and y'all are right about that. But if he would have done that, then the ruling would have just been on the summary judgment and not on anything further.
[35:27.640 --> 35:38.640]  And so what I'm saying is it wouldn't have gone any further than just a ruling on the summary judgment.
[35:38.640 --> 35:46.640]  And I agree. I agree. And I believe you're right on that because that's how the trial court saw it.
[35:46.640 --> 35:59.640]  That's how the trial court saw it, obviously, because they granted in favor of Mackie Wolf. However, with closer scrutiny by the appellate court, they found different.
[35:59.640 --> 36:10.640]  That Mackie Wolf had, in fact, committed crimes and divested themselves completely of any type of immunity they would have had otherwise.
[36:10.640 --> 36:22.640]  When you consider that all of the courts are corrupt, you have to consider the politics. While the Court of Appeals might be totally corrupt,
[36:22.640 --> 36:31.640]  they have to consider the ramifications of this ruling on this pool full of sharks.
[36:31.640 --> 36:38.640]  So they're bought and paid for by the banks, and then Mackie Wolf does this stupid pleading.
[36:38.640 --> 36:51.640]  And now if they rule in Mackie Wolf's favor, now parties on lawyers for the other side can bring in fraudulent documents and screw the banks and do it with impunity.
[36:51.640 --> 36:57.640]  That's not the issue at the bar.
[36:57.640 --> 37:09.640]  The bar was that they failed to produce an affirmative defense, and that's what the ruling was made on as they were explaining it.
[37:09.640 --> 37:17.640]  So all the lawyer would have to do is put an affirmative defense in there, some other alternative, other than, I'm immune,
[37:17.640 --> 37:27.640]  some other defense that actually goes to the elements of the cause of action that the plaintiff was bringing, and only then it never would have gotten to this point.
[37:27.640 --> 37:40.640]  Exactly. He would have gave them a fudge factor, and that's what he didn't do. He should have argued in the alternative that this document wasn't really fraudulent.
[37:40.640 --> 37:50.640]  And the other side would say, yeah, it was. No, it ain't. Yeah, it was. They'd give the court kind of a wiggle room to fudge their way out from under this,
[37:50.640 --> 37:56.640]  but these guys were so arrogant they didn't give the court any option.
[37:56.640 --> 38:05.640]  Yes, that's what I was going to. And now if Steve, earlier in the show, this is before I had my command center up and running and taking notes,
[38:05.640 --> 38:16.640]  he would say that there was something in the UCC or the business and commerce code to where it says that, you know, upon presentment, you know, that the...
[38:16.640 --> 38:21.640]  That's business and commerce code 3-501.
[38:21.640 --> 38:32.640]  Okay, 3-501. Okay, I need to look that up because you're right. They have a problem. Even if they would have done all that, the lawyer would have had to have known that it was a copy
[38:32.640 --> 38:35.640]  and that it was a fraudulent instrument on its face.
[38:35.640 --> 38:36.640]  Exactly.
[38:36.640 --> 38:47.640]  Automatically in violation of Rule 4.01 of, you know, truthfully, truth in statements to others of the professional code, what is it?
[38:47.640 --> 38:50.640]  Code of professional conduct.
[38:50.640 --> 38:58.640]  Oh, no, Your Honor, but it was a true and accurate copy. So no harm, no foul.
[38:58.640 --> 39:07.640]  We can now bring in the original and show it to you and show that it's no different from what we showed the borrower, no harm, no foul.
[39:07.640 --> 39:20.640]  Right. And it becomes alien to a lawyer or to counsel as soon as he violates Rule 4.01A, make a false statement of material fact or law to a third person or a third party.
[39:20.640 --> 39:38.640]  Had he brought a, subsequently brought in the original and showed that it was, there were no substantive differences between the original and the one he showed them, then he could demonstrate that there was no intent to defraud.
[39:38.640 --> 39:51.640]  Because what I showed you, Your Honor, was it was essentially the same as the original, so there was no intent to defraud here, so you should be able to root in my favor.
[39:51.640 --> 40:05.640]  Okay, now back up to the Electronic Filing Act, the Federal Electronic Filing Act. Now doesn't it specifically exclude documents of title from being electronically filed?
[40:05.640 --> 40:15.640]  Okay, this was a different issue. They didn't file this document. They showed it to the borrower, the Santiago.
[40:15.640 --> 40:22.640]  But according to the UCC, they had to present the original upon the request.
[40:22.640 --> 40:51.640]  Yes, but see on the other hand, so long as they can show that there was no intent to defraud, then the court goes back to the plaintiff and say, okay, they showed you a document that was in all respects identical to the original. How are you harmed?
[40:51.640 --> 41:04.640]  Well, I think that the, like I said, I thought y'all said that the UCC said that upon a presentment that the debtor can come back and say, let me inspect the original, not make a copy of it or anything.
[41:04.640 --> 41:23.640]  He can. And the thing is, the guy made a claim of fraud. So it's a generic claim. In order to get recovery, you're going to have to show the court how were you harmed.
[41:23.640 --> 41:38.640]  And Mackie could have said that this was a true and accurate copy. There was no intent to defraud here. This was a excusable error.
[41:38.640 --> 41:57.640]  And then the judge could say, yeah, there was no intent to defraud because this document is essentially, in all material respects, the same as the original instrument. So the courts would have had some discretion.
[41:57.640 --> 42:11.640]  But Mackie wasn't smart enough to give him a something that they could have exercised some discretion on. The law is not carved in stone.
[42:11.640 --> 42:21.640]  The judge have a certain amount of leeway to enforce the intent of the law as opposed to the fine letter.
[42:21.640 --> 42:33.640]  And in this case, you know, the judge want to rule in his favor because they're paid to. They had had he given them something.
[42:33.640 --> 42:44.640]  They would have almost certainly ruled that, yeah, that copy was sufficient. I know in Colorado, that's exactly what they've done.
[42:44.640 --> 42:58.640]  They told the court you bring in a copy for clarification. I'd said earlier in the show that the memorandum opinion cited the business, Texas Business Commerce Code.
[42:58.640 --> 43:06.640]  I just did it. I just read the whole thing and did another search for it. And I correct myself.
[43:06.640 --> 43:17.640]  The only statute that they raise was not in the business commerce code or the Texas equivalent of the UCC, but in Texas Civil Practice and Remedies Code,
[43:17.640 --> 43:28.640]  section 12.002, which also covers a presentment of fraudulent instruments.
[43:28.640 --> 43:36.640]  Yeah. And before I lose it, guys, off on my tangent, I wanted to mention that Jeff was asking, I hear the music.
[43:36.640 --> 43:37.640]  Yes, sir.
[43:37.640 --> 43:44.640]  And Jeff was talking about who was the trustee and whatnot. And if you look in the background of that case, it should cover that.
[43:44.640 --> 43:47.640]  Okay. Hang on.
[43:47.640 --> 44:01.640]  We'll be right back, folks. You're listening to Rural Law Radio. 512-646-1984 is number the dial. Stay tuned. We'll be right back.
[44:01.640 --> 44:11.640]  Hello. My name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by our store at 1904 Waterloo Street Sweet D here in Austin, Texas.
[44:11.640 --> 44:17.640]  Find brave new books and chase things to see all our fantastic health and wellness products with your very own eyes.
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[45:00.640 --> 45:03.640]  Are you the plaintiff or defendant in a lawsuit?
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[46:22.640 --> 46:27.640]  Thank you for tuning in to rule of law radio on this wonderful Friday night, folks.
[46:27.640 --> 46:31.640]  The weather is perfect if you're in central Texas.
[46:31.640 --> 46:37.640]  Folks, get out this weekend and enjoy the great outdoors before it gets too cold to do so.
[46:37.640 --> 46:45.640]  Go camping, take your kids, go drown some worms, take some time away from your troubles.
[46:45.640 --> 46:49.640]  I say that. I guess I need to practice what I preach.
[46:49.640 --> 46:53.640]  Back in Texas, the devil's advocate, we love it.
[46:53.640 --> 46:58.640]  Thank you for bringing your advocacy to the airwaves.
[46:58.640 --> 47:10.640]  And to get back to your argument, the only to reiterate on Mackie Wolf, the only affirmative defense that they raised was immunity.
[47:10.640 --> 47:12.640]  They raised nothing else.
[47:12.640 --> 47:15.640]  Was this a fatal flaw? Absolutely.
[47:15.640 --> 47:20.640]  However, if these...
[47:20.640 --> 47:26.640]  What is it you say, Randy, if a guy is in the process of screwing himself, don't interrupt him?
[47:26.640 --> 47:30.640]  Right. Never interfere with someone who's screwing up.
[47:30.640 --> 47:32.640]  There you go.
[47:32.640 --> 47:37.640]  And Mackie Wolf seemed to really put the cherry on top of the whipped cream on this one.
[47:37.640 --> 47:45.640]  Because, man, reading this memorandum, I can't see that Mackie Wolf did anything right.
[47:45.640 --> 47:47.640]  Nothing.
[47:47.640 --> 47:54.640]  Max, didn't you have a gutty impression going out that you had another question?
[47:54.640 --> 48:05.640]  Oh, well, I just wanted to jump on some points earlier when y'all were reading section 12002, Liability, out of the Civil Practices of the Remedy Code.
[48:05.640 --> 48:07.640]  Yes.
[48:07.640 --> 48:13.640]  I think Randy had said that he thinks there is a typo when they refer to 37.01 of the penal code.
[48:13.640 --> 48:15.640]  Okay, yes.
[48:15.640 --> 48:18.640]  And I have to respectfully disagree with that.
[48:18.640 --> 48:29.640]  When it says for another entity listed in 3701, and you go there, there's a whole bunch of legal entities listed right there.
[48:29.640 --> 48:34.640]  Oh, you are probably right.
[48:34.640 --> 48:43.640]  37.01 definition court record, governmental record.
[48:43.640 --> 48:45.640]  Entity.
[48:45.640 --> 48:47.640]  Yeah, entity.
[48:47.640 --> 48:49.640]  United States or other than the United States.
[48:49.640 --> 48:52.640]  I'm not there right now, but I can get there.
[48:52.640 --> 48:54.640]  Hold on.
[48:54.640 --> 49:09.640]  Let's see, it says this state, another state, United States, a foreign country recognized by Act of Congress or treaty other than an international convention, which the United States is party at E, an Indian tribe recognized by the United States.
[49:09.640 --> 49:16.640]  So it's saying if you mess with any of those records that you're civilly liable back in the Civil Procedures Code.
[49:16.640 --> 49:17.640]  Right.
[49:17.640 --> 49:19.640]  Very nice catch.
[49:19.640 --> 49:21.640]  Thank you.
[49:21.640 --> 49:23.640]  Not a problem.
[49:23.640 --> 49:52.640]  So that being said, is there any liability that, that we can still go after the lawyers when they represent a client who is not holder of the original instrument when they come into the court?
[49:52.640 --> 49:56.640]  When they come and present a copy.
[49:56.640 --> 50:04.640]  And I believe that's why the Mackie and, you know, the Mackie Wolf, the court decided that yes, that was presumed to be fraudulent because it was a copy.
[50:04.640 --> 50:09.640]  And, you know, so, so well, they have a problem because they don't have the originals anymore.
[50:09.640 --> 50:12.640]  Not so much that it was a copy.
[50:12.640 --> 50:18.640]  More that it was a copy intended to be construed as the original.
[50:18.640 --> 50:22.640]  Right. And if you ask them to show the original, don't they have to do that?
[50:22.640 --> 50:24.640]  Yes.
[50:24.640 --> 50:26.640]  That means wedding, baby.
[50:26.640 --> 50:27.640]  Again.
[50:27.640 --> 50:29.640]  Yeah, I'm back into a corner again.
[50:29.640 --> 50:31.640]  Yeah.
[50:31.640 --> 50:32.640]  Okay.
[50:32.640 --> 50:34.640]  Well, I don't waste too much time.
[50:34.640 --> 50:41.640]  But yeah, if you, if y'all wanted to follow the, you know, who the trustee was, I'm still having a hard time wrapping my head around all that stuff.
[50:41.640 --> 50:46.640]  Yeah, that, that part about the remix.
[50:46.640 --> 50:47.640]  Yeah.
[50:47.640 --> 51:01.640]  Anybody who has a mortgage, if you have not tortured yourself by, by reading 500 plus pages of a pooling and servicing agreement, you owe it to yourself to do so.
[51:01.640 --> 51:08.640]  There is a lot of ammo in those things.
[51:08.640 --> 51:11.640]  There's a lot of do's and don'ts.
[51:11.640 --> 51:30.640]  For example, the closing date of the Remic Trust, the clod that there is a 90 day period, if I'm, if my memory serves, there's a 90 day period between the opening or the offering, what they call the offering in the trust and the closing date.
[51:30.640 --> 51:45.640]  No securities are to enter that Remic after the closing date that we find thousands and thousands and thousands that somehow made it in after the closing date.
[51:45.640 --> 51:59.640]  If, in fact, the trustee has any duties whatsoever beyond the holder, it, it may be one of the duties of the trustee to make sure that all these things make it into the trust.
[51:59.640 --> 52:09.640]  In a timely manner, if not, then it is the duty of the offerer, whoever offers the trust.
[52:09.640 --> 52:16.640]  Somebody has a duty to make sure that all these mortgage backed securities make it into the, into the Remic in a timely manner.
[52:16.640 --> 52:21.640]  And we find that that is rarely ever complied with.
[52:21.640 --> 52:43.640]  And you understand there's a special purpose vehicle that the reason there's a special purpose vehicle is you, the remix, the ones putting together the, the pass through trust, they need time to gather up enough notes to go into the trust.
[52:43.640 --> 52:47.640]  Because when they open that trust, they only got 90 days to get them in there.
[52:47.640 --> 52:55.640]  So they accumulate them in the special purpose vehicle, and then theoretically they load them up in the trust when the trust opens.
[52:55.640 --> 52:58.640]  It's like a staging shoot.
[52:58.640 --> 53:03.640]  But it didn't happen. They just couldn't get anything right.
[53:03.640 --> 53:07.640]  It sounds like trying to help my friends with a pickup truck help me move.
[53:07.640 --> 53:16.640]  I don't own real property in Texas yet, but heaven forbid when I have to get entangled with these, with these guys, I definitely want to be ready.
[53:16.640 --> 53:18.640]  But anyway, guys, I'll let y'all move on.
[53:18.640 --> 53:20.640]  I know you'll probably got someone stacked up.
[53:20.640 --> 53:22.640]  Do you?
[53:22.640 --> 53:24.640]  No, we got a short night tonight.
[53:24.640 --> 53:28.640]  I think we put everybody to sleep.
[53:28.640 --> 53:34.640]  Actually, I had a few people who are wanting to call in and they haven't showed up.
[53:34.640 --> 53:45.640]  So if you're listening some more, if you're listening out there, folks who wanted to call in 512-646-1984, that'll do it.
[53:45.640 --> 53:50.640]  Okay, and yeah, Randy, I do have a little more if you please.
[53:50.640 --> 53:52.640]  Absolutely.
[53:52.640 --> 53:58.640]  I'm a purchaser of the seminar material, and my stickers are once again about to run out.
[53:58.640 --> 54:05.640]  So I'm preparing once again for some traffic tickets, and I was going through the Code of Criminal Procedure.
[54:05.640 --> 54:13.640]  Oh, wait a minute. You're talking about Eddie Craig's rule of law traffic seminar and Eddie Craig's materials. Is that correct?
[54:13.640 --> 54:22.640]  Yes, I am, but I'm going to study of the Code of Criminal Procedure, which I think Randy is the master of.
[54:22.640 --> 54:25.640]  You give him far too much credit.
[54:25.640 --> 54:27.640]  Oh, come on now, Steve.
[54:27.640 --> 54:31.640]  I've got to beam up over something.
[54:31.640 --> 54:34.640]  I think I just sprained my wrist.
[54:34.640 --> 54:37.640]  You just sprained your wrist, batting yourself on the back?
[54:37.640 --> 54:39.640]  Yeah.
[54:39.640 --> 54:43.640]  Okay, go ahead. We'll stop fooling around.
[54:43.640 --> 54:45.640]  All right, you jokers. Here we go.
[54:45.640 --> 54:54.640]  What I was getting at is I fully expect the next to be pulled over by a municipal police officer here in Houston.
[54:54.640 --> 55:05.640]  And what I kind of was looking at is trying to, you know, look at the, what was it, Article 2.04, the duties of, you know, when a complaint is made,
[55:05.640 --> 55:10.640]  and, you know, the way it says district or county attorneys only. There's no municipal or anything like that.
[55:10.640 --> 55:16.640]  And there's no county attorney or, especially city attorneys or anything like that in there.
[55:16.640 --> 55:23.640]  But if you go to Chapter 45, then they get into, you know, the criminal jurisdiction of municipality.
[55:23.640 --> 55:33.640]  And I guess so what I'm getting at is I fully expect to have, you know, a Class D fine only at some point from a municipality.
[55:33.640 --> 55:42.640]  And how do I go about attacking this from a procedural way of saying that that is not the correct court having jurisdiction?
[55:42.640 --> 55:45.640]  They could have, of course, brought it to that magistrate.
[55:45.640 --> 55:53.640]  But then, and then, and then also I wanted you to help me understand when does the bail being set at, you know, in an examining,
[55:53.640 --> 56:01.640]  an ex-partee examining trial, where does all that stuff fit into, you know, when you're just sitting in a jail and you really can't see any of that.
[56:01.640 --> 56:04.640]  You know, you just have a ticket with some scribbling on it.
[56:04.640 --> 56:20.640]  If you will read the ticket, when you sign the ticket, the only way that they can release you on your own recognizance is if you sign the citation
[56:20.640 --> 56:27.640]  and agree to appear before a magistrate.
[56:27.640 --> 56:32.640]  The last ticket I got was in Hazel, Texas, and went to court.
[56:32.640 --> 56:36.640]  They were required to appear on a certain day at a certain time.
[56:36.640 --> 56:40.640]  It was a Monday night at six o'clock, so I showed up.
[56:40.640 --> 56:48.640]  And when they called me up, I had been there years before, and it's a town about 10 miles away from me.
[56:48.640 --> 56:53.640]  I walked up to the bench and I said, Judge Edmund.
[56:53.640 --> 56:59.640]  I seem to remember Judge Edmund in Hazel, but I don't remember him having that much gray hair.
[56:59.640 --> 57:02.640]  And the judge looked at me and said, yes, Mr. Kelton.
[57:02.640 --> 57:06.640]  I don't remember your belly being quite that big.
[57:06.640 --> 57:10.640]  Touché.
[57:10.640 --> 57:15.640]  And then he asked me, you know, told me what I was charged with and asked me how I plead.
[57:15.640 --> 57:17.640]  So I'm not quite ready to plead yet.
[57:17.640 --> 57:21.640]  I want you to hold an examining trial.
[57:21.640 --> 57:25.640]  No, Mr. Kelton, I'm not going to hold an examining trial.
[57:25.640 --> 57:34.640]  Well, in that case, I want you to ask that baby over there to arrest you.
[57:34.640 --> 57:38.640]  No, Mr. Kelton, I'm not going to ask the baby to arrest me.
[57:38.640 --> 57:41.640]  Okay, let's see if we can't get the prosecutor to do it.
[57:41.640 --> 57:44.640]  No, I'm not going to ask the prosecutor to do it.
[57:44.640 --> 57:48.640]  So that's how we started.
[57:48.640 --> 57:53.640]  We expanded an examining trial because you signed that ticket.
[57:53.640 --> 57:59.640]  You did not agree to appear before the Court of Jurisdiction.
[57:59.640 --> 58:03.640]  You agreed to appear before some magistrate.
[58:03.640 --> 58:10.640]  And when we come back, I'll talk a little bit about how the code is structured in,
[58:10.640 --> 58:17.640]  why that is in there and it won't be removed even though they don't do any of it.
[58:17.640 --> 58:18.640]  We're about to go to break.
[58:18.640 --> 58:22.640]  Hang on, Max, Randy Kelton, Steve Skidmore, Root of Law Radio.
[58:22.640 --> 58:27.640]  I called in number 512-646-1984.
[58:27.640 --> 58:32.640]  We've got another hour, so it generally builds up toward the end.
[58:32.640 --> 58:36.640]  And this is the top of the hour break, so if you want to go pop popcorn,
[58:36.640 --> 58:38.640]  you better get your iron hot.
[58:38.640 --> 58:40.640]  Okay, and I see you there, Jeff.
[58:40.640 --> 58:43.640]  We'll pick you up when we get back on the other side.
[58:43.640 --> 58:48.640]  Stay tuned.
[59:13.640 --> 59:18.640]  Three books are a three-volume set called Basic Elements of the Christian Life.
[59:18.640 --> 59:21.640]  Chapter by chapter, Basic Elements of the Christian Life,
[59:21.640 --> 59:25.640]  clearly presents God's plan of salvation, growing in Christ,
[59:25.640 --> 59:27.640]  and how to build up the church.
[59:27.640 --> 59:33.640]  To order your free New Testament recovery version and Basic Elements of the Christian Life,
[59:33.640 --> 59:44.640]  call Bibles for America toll-free at 888-551-0102, that's 888-551-0102,
[59:44.640 --> 59:49.640]  or visit us online at bfa.org.
[59:49.640 --> 59:59.640]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.640 --> 01:00:06.640]  This is the Liberty Beat, your daily source for Liberty News and activist updates,
[01:00:06.640 --> 01:00:08.640]  online at thelibertybeat.com.
[01:00:08.640 --> 01:00:12.640]  I'm Brian Hagan with your Liberty Beat for Friday, October 17, 2014.
[01:00:12.640 --> 01:00:17.640]  Gold is trading around $1,240, silver around $17.36,
[01:00:17.640 --> 01:00:20.640]  and Bitcoin is trading around $383.
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[01:00:39.640 --> 01:00:43.640]  for the quality advertisement paid for by the Michael Cargill Frost & City Council District 1 campaign.
[01:00:43.640 --> 01:00:46.640]  In the news, the United Nations High Commissioner for Human Rights
[01:00:46.640 --> 01:00:49.640]  has warned that extreme quarantine measures for Ebola patients
[01:00:49.640 --> 01:00:52.640]  could violate human rights and discourage reporting of the illness.
[01:00:52.640 --> 01:00:56.640]  Said Rayad Al Hussein said issuing criminal penalties for those who don't report
[01:00:56.640 --> 01:01:00.640]  is very likely to backfire by driving the epidemic underground.
[01:01:00.640 --> 01:01:03.640]  The statements came as President Obama issued an executive order
[01:01:03.640 --> 01:01:07.640]  that will allow the Pentagon to make use of reserve troops to tackle Ebola in Africa.
[01:01:07.640 --> 01:01:11.640]  There are no immediate plans to send the reservists or the National Guard to the continent,
[01:01:11.640 --> 01:01:16.640]  but the military maintains the option to do so.
[01:01:16.640 --> 01:01:21.640]  A Georgetown, Texas man sitting in close proximity to a woman who was later diagnosed with Ebola
[01:01:21.640 --> 01:01:24.640]  is being monitored by county health care officials.
[01:01:24.640 --> 01:01:27.640]  The Williamson County and City's Health District learned Thursday
[01:01:27.640 --> 01:01:31.640]  that the man was on flight 1143 from Cleveland to Dallas with Amber Vinson,
[01:01:31.640 --> 01:01:34.640]  the second nurse to be infected with the Ebola virus.
[01:01:34.640 --> 01:01:39.640]  The Centers for Disease Control has maintained Vinson did not exhibit symptoms during the flight
[01:01:39.640 --> 01:01:42.640]  and the risk of exposure to other passengers is minimal.
[01:01:42.640 --> 01:01:47.640]  KXAN News is reporting the Georgetown man has not shown any symptoms of the virus,
[01:01:47.640 --> 01:01:51.640]  but has decided to separate himself from others, including his family.
[01:01:51.640 --> 01:01:56.640]  Researchers with the Multidisciplinary Association for Psychedelic Studies
[01:01:56.640 --> 01:02:01.640]  have raised nearly $142,000 for a study of MDMA-assisted psychotherapy
[01:02:01.640 --> 01:02:04.640]  for post-traumatic stress disorder in veterans.
[01:02:04.640 --> 01:02:08.640]  MAPS ran an Indiegogo crowdfunding campaign asking supporters to donate towards covering
[01:02:08.640 --> 01:02:10.640]  the cost of a new study in Boulder, Colorado.
[01:02:10.640 --> 01:02:15.640]  A recently published study found that 83% of those who experienced MDMA-assisted therapy
[01:02:15.640 --> 01:02:20.640]  were no longer diagnosed with PTSD and had significant improvements.
[01:02:20.640 --> 01:02:25.640]  Support for Liberty Beat comes from Cabo Bobs, Southwestern style burritos.
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[01:02:45.640 --> 01:02:50.640]  This is the Liberty Beat for Friday, October 16, 2014.
[01:02:50.640 --> 01:02:53.640]  Check out the website at thelibertybeat.com.
[01:02:53.640 --> 01:02:55.640]  And make sure you like us on Facebook.
[01:02:55.640 --> 01:03:18.640]  That's facebook.com slash the Liberty Beat.
[01:03:18.640 --> 01:03:25.640]  Welcome back to the Friday Night Google Law, four hour marathon folks here in the state of insanity.
[01:03:25.640 --> 01:03:29.640]  Otherwise known as Texas, we're looking at three minutes after 11 o'clock.
[01:03:29.640 --> 01:03:38.640]  That means that we're in the final hour and see Jeff in Maryland is back and Shane in New York has a question.
[01:03:38.640 --> 01:03:42.640]  But before we go to either of those, let's go back to Max in Texas.
[01:03:42.640 --> 01:03:47.640]  Max, remind us and the listening audience of your last question, sir.
[01:03:47.640 --> 01:03:50.640]  Oh, you remember it. Go ahead.
[01:03:50.640 --> 01:03:52.640]  Oh, yeah, due process, due process.
[01:03:52.640 --> 01:03:53.640]  Yes, there you go.
[01:03:53.640 --> 01:04:01.640]  You signed that ticket and you agreed to appear before some magistrate.
[01:04:01.640 --> 01:04:03.640]  And this is how it works.
[01:04:03.640 --> 01:04:12.640]  A complainant prepares a complaint and presents it to some magistrate.
[01:04:12.640 --> 01:04:25.640]  And in the case of a police officer, it's a special case because if a police officer observes a crime being committed, he can arrest without a warrant first being issued.
[01:04:25.640 --> 01:04:32.640]  But at this point, the court doesn't have subject matter jurisdiction in order for the court to get subject matter jurisdiction.
[01:04:32.640 --> 01:04:35.640]  That complaint must be presented to some magistrate.
[01:04:35.640 --> 01:04:56.640]  And since there's a special exemption from arrest in the municipal court under the traffic code, you can be released without having to be taken directly to the magistrate if you agree to appear before that magistrate.
[01:04:56.640 --> 01:05:08.640]  And then that magistrate will hold an examining trial, make a determination of probable cause under Chapter 16 of the Code of Criminal Procedure, whole chapter then.
[01:05:08.640 --> 01:05:30.640]  And after the examining trial, he is to, under Chapter 16.17, he's to prepare an order stating whether he bound the person for trial or released him at their liberty or remanded him to the jail if they couldn't post bail.
[01:05:30.640 --> 01:05:37.640]  And he's prepared, he's required to prepare a warrant under 1620.
[01:05:37.640 --> 01:05:59.640]  And then he's to seal all these documents up with the statement by the defendant because 16.01, I'm sorry, 16.02, gives the defendant the right to make a statement before any evidence is presented to the court.
[01:05:59.640 --> 01:06:10.640]  And he's warned that can be used against him. And he's, under 17.30, the magistrate is required to seal all the documents had in the hearing.
[01:06:10.640 --> 01:06:25.640]  Statement of the witnesses, the complaint, and all of the documents had in the hearing in an envelope and deliver them, sealed up and deliver them to the clerk of the court of jurisdiction with his name written across the seal.
[01:06:25.640 --> 01:06:30.640]  It's kind of odd how it's written. It's not exactly how it's written, but it's as close as I can get.
[01:06:30.640 --> 01:06:33.640]  It's not exactly how they do it either.
[01:06:33.640 --> 01:06:35.640]  No, it's not how they do it.
[01:06:35.640 --> 01:06:38.640]  When did they send the complaint?
[01:06:38.640 --> 01:06:42.640]  I mean, Randy, say it again, Max.
[01:06:42.640 --> 01:06:54.640]  That's exactly what I was getting at. When you go for your initial appearance after signing the ticket, these guys are already wanting to have you say guilty or not guilty.
[01:06:54.640 --> 01:07:01.640]  Now, before you cut me off, what I want to say is, when does this examining trial happen?
[01:07:01.640 --> 01:07:09.640]  And don't I have the right to have that examining trial, even if a misdemeanor is finally Class C?
[01:07:09.640 --> 01:07:18.640]  So if I needed to produce expulatory evidence or review someone's testimony, I could do it.
[01:07:18.640 --> 01:07:23.640]  Okay, hold on. You're asking a bunch of questions all at once.
[01:07:23.640 --> 01:07:28.640]  Objection question is nefarious, multifarious.
[01:07:28.640 --> 01:07:48.640]  Okay, where I was going was, it is that complaint filled up by the magistrate and forwarded to the clerk of the court of jurisdiction that bestows subject matter jurisdiction from the magistrate to the court of jurisdiction.
[01:07:48.640 --> 01:07:54.640]  Now, if that magistrate happens to be the judge in the court, it is making a difference.
[01:07:54.640 --> 01:08:08.640]  There still has to be an examining trial. He has to issue the order, issue the warrant, deliver them sealed up to the clerk of the court, and that's how jurisdiction moves from the magistrate to the court.
[01:08:08.640 --> 01:08:20.640]  The complaint gives the magistrate jurisdiction to hold an examining trial. The warrant gives the court of jurisdiction jurisdiction.
[01:08:20.640 --> 01:08:25.640]  Correct me if I'm wrong here, Randy, that every judge is also a magistrate.
[01:08:25.640 --> 01:08:39.640]  He has two hats, but by default he is going to wear his judge's hat unless otherwise instructed to take his judge's hat off and put his magistrate's hat on and hold an examining trial into that.
[01:08:39.640 --> 01:08:55.640]  When he is presented with a criminal complaint, his judge's hat comes off by law and his magistrate's hat goes on because he has no jurisdiction as a judge.
[01:08:55.640 --> 01:09:01.640]  So then this is by operation of law and not by operation of some act by the defendant.
[01:09:01.640 --> 01:09:02.640]  Right.
[01:09:02.640 --> 01:09:16.640]  The only way the court can get jurisdiction is if the magistrate holds an examining trial, produces an order under 1617, a warrant under 1620, and seals those up and forwards them to the clerk of the court.
[01:09:16.640 --> 01:09:26.640]  That moves jurisdiction from the magistrate to the court. Even if the guy is sitting in the courtroom, he hands it to the clerk. He's done. You see where I'm going, Max.
[01:09:26.640 --> 01:09:33.640]  And the right to an examining trial applies to even a class D, fine only in a municipal court.
[01:09:33.640 --> 01:09:42.640]  You read that ticket and I'm trying to remember the exact code. I used to have it in my head, but I don't do traffic much anymore.
[01:09:42.640 --> 01:09:58.640]  The code says that you must agree to appear before some magistrate, not before a judge of the original jurisdiction, but some magistrate.
[01:09:58.640 --> 01:10:02.640]  And it's the magistrate's duty to find probable cause.
[01:10:02.640 --> 01:10:06.640]  Okay, I got you. It just seems like they're skipping that and going straight to the arrangement.
[01:10:06.640 --> 01:10:12.640]  Exactly. So that means you go after them for a subject matter jurisdiction and sue the judge.
[01:10:12.640 --> 01:10:17.640]  Oh, yeah. Yeah. And I'm, I'm, I'm, I just had last time and got everything dismissed.
[01:10:17.640 --> 01:10:18.640]  Okay.
[01:10:18.640 --> 01:10:19.640]  Good. Good.
[01:10:19.640 --> 01:10:20.640]  Okay.
[01:10:20.640 --> 01:10:21.640]  Hit him hard.
[01:10:21.640 --> 01:10:26.640]  We got Jeff on the line. I want to pick him up because he's going to the governor in due process.
[01:10:26.640 --> 01:10:28.640]  Thank you for calling, Max.
[01:10:28.640 --> 01:10:30.640]  Thank you, Max.
[01:10:30.640 --> 01:10:33.640]  Oops, I hit him too soon, I think.
[01:10:33.640 --> 01:10:35.640]  Good. I'm here.
[01:10:35.640 --> 01:10:38.640]  Jeff, cut Max off a little too quick. He wasn't finished.
[01:10:38.640 --> 01:10:40.640]  Consistent with this topic.
[01:10:40.640 --> 01:10:41.640]  Yes.
[01:10:41.640 --> 01:10:45.640]  We don't need to examine any trial for either delay or Perry.
[01:10:45.640 --> 01:10:50.640]  Oh, I have done a brief on Perry.
[01:10:50.640 --> 01:10:55.640]  Let me walk through this. All of these pieces fit together.
[01:10:55.640 --> 01:11:00.640]  We were just talking about chapter 16.
[01:11:00.640 --> 01:11:04.640]  16.01 says it's a big paragraph.
[01:11:04.640 --> 01:11:14.640]  Right in the middle, it says a defendant in a felony accusation has a right to an examining
[01:11:14.640 --> 01:11:20.640]  trial prior to indictment.
[01:11:20.640 --> 01:11:23.640]  How is that difficult to understand?
[01:11:23.640 --> 01:11:25.640]  Well, that's specific to a felony.
[01:11:25.640 --> 01:11:30.640]  And, and of course, I know none of these unless it big.
[01:11:30.640 --> 01:11:32.640]  We're going to Perry.
[01:11:32.640 --> 01:11:33.640]  Yeah.
[01:11:33.640 --> 01:11:34.640]  Sorry.
[01:11:34.640 --> 01:11:36.640]  Perry was charged with a felony.
[01:11:36.640 --> 01:11:38.640]  Yes, he was.
[01:11:38.640 --> 01:11:45.640]  And, okay, we have 19.27.
[01:11:45.640 --> 01:11:51.640]  That's the last statute on impaneling a grand jury.
[01:11:51.640 --> 01:11:57.640]  An accused has a right to challenge the panel prior to them being seated.
[01:11:57.640 --> 01:12:02.640]  Once they're seated, they cannot be challenged.
[01:12:02.640 --> 01:12:11.640]  When a grand jury votes on a true bill or no bill, the true bills are presented to the
[01:12:11.640 --> 01:12:18.640]  court by the foreman with a quorum of the grand jury present.
[01:12:18.640 --> 01:12:22.640]  And the clerk shall make notations in the minutes of the court.
[01:12:22.640 --> 01:12:31.640]  And that's 20 21 2022 says that if the person is not in custody.
[01:12:31.640 --> 01:12:35.640]  Then the clerk must issue a capious.
[01:12:35.640 --> 01:12:46.640]  And the, the, the indictment cannot be presented in the records of the court until the person
[01:12:46.640 --> 01:12:48.640]  is in custody.
[01:12:48.640 --> 01:12:52.640]  The reason for that is 16.01.
[01:12:52.640 --> 01:12:55.640]  He has a right to a.
[01:12:55.640 --> 01:12:59.640]  Examining trial prior to indictment.
[01:12:59.640 --> 01:13:07.640]  So back to the examining trial 2.01 shall be the primary duty, the prosecuting attorney,
[01:13:07.640 --> 01:13:11.640]  not to secure conviction, but to ensure that justice is served.
[01:13:11.640 --> 01:13:15.640]  He shall not seek witnesses or evidence that will show the innocence of the accused and
[01:13:15.640 --> 01:13:17.640]  mitigate the guilt of the accused.
[01:13:17.640 --> 01:13:22.640]  Well, if you had an examining trial, he's going to have exculpatory evidence that he has to
[01:13:22.640 --> 01:13:26.640]  give to the grand jury.
[01:13:26.640 --> 01:13:32.640]  And the part, the accused would have a right to challenge the grand jury pool.
[01:13:32.640 --> 01:13:42.640]  So the grand jury that heard the complaint initially, that would be void if the guy hasn't
[01:13:42.640 --> 01:13:44.640]  been arrested.
[01:13:44.640 --> 01:13:51.640]  So he could challenge that, get it tossed and have a new grand jury hear his case where
[01:13:51.640 --> 01:13:58.640]  he would have opportunity to exercise his right under 16.27 to challenge that grand jury.
[01:13:58.640 --> 01:14:04.640]  And then he'd have an opportunity to present exculpatory evidence to a magistrate and the
[01:14:04.640 --> 01:14:10.640]  prosecutor would then have to give that evidence to the grand jury.
[01:14:10.640 --> 01:14:14.640]  These codes all fit together really, really well.
[01:14:14.640 --> 01:14:17.640]  And I just kind of walked all over you, Jeff.
[01:14:17.640 --> 01:14:24.640]  As far as I'm concerned though, they're pulling the same point on period that they pulled on delay.
[01:14:24.640 --> 01:14:25.640]  Exactly the same.
[01:14:25.640 --> 01:14:27.640]  I agree.
[01:14:27.640 --> 01:14:32.640]  Let me run something else by you on that issue.
[01:14:32.640 --> 01:14:34.640]  Pardon?
[01:14:34.640 --> 01:14:36.640]  Let me run something else by you.
[01:14:36.640 --> 01:14:38.640]  I think something else is going on, Jeff.
[01:14:38.640 --> 01:14:44.640]  Early on in the Tom Delay case, I filed a habeas corpus.
[01:14:44.640 --> 01:14:47.640]  And Dick DeGarre and his attorney called me.
[01:14:47.640 --> 01:14:48.640]  He was all upset.
[01:14:48.640 --> 01:14:50.640]  You don't want to file that habeas corpus?
[01:14:50.640 --> 01:14:51.640]  Yes, I am.
[01:14:51.640 --> 01:14:54.640]  Well, I'm the attorney of record and I didn't authorize it.
[01:14:54.640 --> 01:14:56.640]  Authorize it.
[01:14:56.640 --> 01:14:58.640]  You should have filed it, you chump.
[01:14:58.640 --> 01:15:01.640]  Besides, I don't care what you authorized.
[01:15:01.640 --> 01:15:03.640]  Filing that writ is my right.
[01:15:03.640 --> 01:15:05.640]  Well, he hung up on me.
[01:15:05.640 --> 01:15:13.640]  Then at trial, I went in the courtroom and put that writ in Tom Delay's hand himself.
[01:15:13.640 --> 01:15:21.640]  They put the jury, went out, came back after lunch, and Judge Deets was talking to the jury
[01:15:21.640 --> 01:15:25.640]  and I stood up in the courtroom and said, Your Honor, my name is Randall Kelton.
[01:15:25.640 --> 01:15:29.640]  I have business with this court that supersedes any business now before this court.
[01:15:29.640 --> 01:15:31.640]  You're the one with the habeas.
[01:15:31.640 --> 01:15:33.640]  Yes, I am.
[01:15:33.640 --> 01:15:36.640]  And he threw me out of the courtroom.
[01:15:36.640 --> 01:15:38.640]  What's going on here?
[01:15:38.640 --> 01:15:46.640]  Then I sent this brief, I just went through briefly, to Governor Perry's attorney,
[01:15:46.640 --> 01:15:52.640]  showing how the indictment was totally unlawful.
[01:15:52.640 --> 01:15:53.640]  Nothing.
[01:15:53.640 --> 01:15:56.640]  They did nothing about it.
[01:15:56.640 --> 01:15:59.640]  They convicted Tom Delay and he went to prison.
[01:15:59.640 --> 01:16:03.640]  Why did he not raise this issue?
[01:16:03.640 --> 01:16:07.640]  What is going on?
[01:16:07.640 --> 01:16:11.640]  I don't think this has anything to do with law.
[01:16:11.640 --> 01:16:13.640]  I don't think it does either.
[01:16:13.640 --> 01:16:18.640]  I think somebody had some dirt on Delay and said, You're going to take a tech one for the team
[01:16:18.640 --> 01:16:25.640]  or we're going to release this to Fox News and you're going to wait for a whole lot longer.
[01:16:25.640 --> 01:16:27.640]  I think that's exactly what they did.
[01:16:27.640 --> 01:16:29.640]  What do you think, Jeff?
[01:16:29.640 --> 01:16:33.640]  Well, there's potential in what you say.
[01:16:33.640 --> 01:16:37.640]  Okay, I kind of interrupted you, you didn't get your comment.
[01:16:37.640 --> 01:16:39.640]  I apologize for that.
[01:16:39.640 --> 01:16:40.640]  I can't hear you, sir.
[01:16:40.640 --> 01:16:44.640]  I said, I kind of interrupted you before you got your comment all the way out
[01:16:44.640 --> 01:16:47.640]  because I kind of read your note coming in.
[01:16:47.640 --> 01:16:51.640]  Hang on and when we come back, I'll just shut up.
[01:16:51.640 --> 01:16:55.640]  Well, for a little while.
[01:16:55.640 --> 01:16:57.640]  It's going to be painful, Randy.
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[01:19:20.640 --> 01:19:24.640]  Okay, we are back. Randy Kelton, Steve Skidmore with our radio.
[01:19:24.640 --> 01:19:26.640]  We're talking to Jeff in Maryland.
[01:19:26.640 --> 01:19:30.640]  Go ahead, Jeff. I kind of bushwhacked you there on the ground.
[01:19:30.640 --> 01:19:34.640]  That's okay, guy. You're Randy.
[01:19:34.640 --> 01:19:38.640]  That's what Randy's do.
[01:19:38.640 --> 01:19:44.640]  I have some time now. I've been considering moving on down there to Texas.
[01:19:44.640 --> 01:19:46.640]  Plenty of room. Come on.
[01:19:46.640 --> 01:19:50.640]  But you'll have to learn the language.
[01:19:50.640 --> 01:19:54.640]  Listen, I can buy a pair of cowboy boots just like Mark and Jerry's.
[01:19:54.640 --> 01:19:58.640]  No, no, no. That gets you going to Rexall and all those kinds of things.
[01:19:58.640 --> 01:20:02.640]  It makes big buckles belt?
[01:20:02.640 --> 01:20:06.640]  No. That ain't all there is to it.
[01:20:06.640 --> 01:20:08.640]  Everybody, I think you're a truck driver.
[01:20:08.640 --> 01:20:10.640]  Yes.
[01:20:10.640 --> 01:20:18.640]  After what I saw going on down there in the last couple of three weeks, I'm not so sure.
[01:20:18.640 --> 01:20:24.640]  Because as you probably realize, freedom is not being owned.
[01:20:24.640 --> 01:20:28.640]  And you definitely got a mayor in Houston who wants to own people.
[01:20:28.640 --> 01:20:32.640]  Yeah. That's no kidding.
[01:20:32.640 --> 01:20:38.640]  I can't find it differently than we recalled immediately.
[01:20:38.640 --> 01:20:42.640]  Say that again. I kind of stepped on you.
[01:20:42.640 --> 01:20:44.640]  I'll say it again louder if you like.
[01:20:44.640 --> 01:20:46.640]  Yeah.
[01:20:46.640 --> 01:20:50.640]  That mayor needs to be recalled immediately.
[01:20:50.640 --> 01:20:52.640]  Thank you.
[01:20:52.640 --> 01:20:54.640]  In my opinion.
[01:20:54.640 --> 01:20:56.640]  You and I share the same opinion.
[01:20:56.640 --> 01:21:00.640]  There's something I wanted to run by you.
[01:21:00.640 --> 01:21:04.640]  You're muted there. You got the phone in your chair or something there, Randy.
[01:21:04.640 --> 01:21:08.640]  Maybe my mic didn't unmute correctly.
[01:21:08.640 --> 01:21:12.640]  There was something I wanted to run by you.
[01:21:12.640 --> 01:21:14.640]  Uh-oh. Am I in trouble?
[01:21:14.640 --> 01:21:18.640]  No, no. Just an idea I have.
[01:21:18.640 --> 01:21:20.640]  Okay.
[01:21:20.640 --> 01:21:32.640]  I just asked Steve on the break, where in the code is the authority of a grand jury limited to a venue?
[01:21:32.640 --> 01:21:40.640]  I don't know. I've never gotten engaged in criminal law.
[01:21:40.640 --> 01:21:50.640]  I went all through the code and I cannot find anywhere where any limitation is put on a grand jury.
[01:21:50.640 --> 01:22:00.640]  Now, grand jury is impaneled by a district court, which is always a statewide office as opposed to accounting.
[01:22:00.640 --> 01:22:02.640]  Okay.
[01:22:02.640 --> 01:22:18.640]  So a state official impanels the grand jury and they're impaneled as a state grand jury and nowhere can I find anything that limits the jurisdiction of a grand jury to any particular venue.
[01:22:18.640 --> 01:22:24.640]  Now, essentially a grand jury does an examining trial.
[01:22:24.640 --> 01:22:50.640]  And under attorney general opinion H500 here in Texas, the attorney general has, through his brief, has established that a magistrate in hearing a criminal accusation can hear any complaint felony or misdemeanor state or federal from any place in the state of Texas.
[01:22:50.640 --> 01:23:10.640]  So since a grand jury performs a similar function, but only with felonies, what would prevent me from taking a complaint that I can't get to a grand jury in one venue from taking it to another venue?
[01:23:10.640 --> 01:23:20.640]  It would seem to me that the jury's limitation on venue would be restricted to the same jurisdiction that the court has.
[01:23:20.640 --> 01:23:42.640]  Well, it would have to say that somewhere because the case law says that while it is a district judge that consecrates a grand jury, once the grand jury is impaneled, then the court has no authority over them.
[01:23:42.640 --> 01:24:06.640]  And in Williams v. State, the Supreme Court ruled that the grand jury was essentially a fourth branch of government, that they're not a part of the judiciary or the executive, that they stand on their own.
[01:24:06.640 --> 01:24:20.640]  So once this grand jury is impaneled, I don't see anything that would restrict the grand jury from hearing a complaint no matter where it was from in the state.
[01:24:20.640 --> 01:24:42.640]  So I'm in Travis County trying to get past a prosecuting attorney to get to the grand jury, but he obstructs me, so I go to Tarrant County or Dallas County and file against him there.
[01:24:42.640 --> 01:24:44.640]  That's not his backyard.
[01:24:44.640 --> 01:24:50.640]  No, but it's not your backyard either.
[01:24:50.640 --> 01:25:10.640]  Actually, well, what I'm looking at is not so much of getting in front of the grand jury's as taking the complaint out of their backyard to somewhere else to where they don't have control over it.
[01:25:10.640 --> 01:25:36.640]  Yeah, well, as I understand it, just to give you a parallel, something that's direct, like in the FDCPA case, I can either file an FDCPA case in the jurisdiction where I reside or the jurisdiction where the contract was created.
[01:25:36.640 --> 01:25:58.640]  Now, if they both have to be the same jurisdiction, so much is better, but if, say, I formed a contract in Virginia as opposed to Maryland, then I could go over into Virginia and file my FDCPA case over there.
[01:25:58.640 --> 01:26:08.640]  So is the perp that you're going after in that jurisdiction that you want to file it?
[01:26:08.640 --> 01:26:10.640]  Well, that was the thing.
[01:26:10.640 --> 01:26:14.640]  The precedent is the magistrate.
[01:26:14.640 --> 01:26:24.640]  The magistrate performs an examining trial, but the grand jury essentially does the same thing.
[01:26:24.640 --> 01:26:31.640]  So the magistrate is not restricted at all within a state.
[01:26:31.640 --> 01:26:44.640]  A local municipal judge or local mayor can hear any complaint, felony or misdemeanor, state or federal, anywhere in the state.
[01:26:44.640 --> 01:26:45.640]  Okay.
[01:26:45.640 --> 01:26:48.640]  That's what the courts here have ruled.
[01:26:48.640 --> 01:26:57.640]  And I can find nothing in code that in any way limits a grand jury's jurisdiction.
[01:26:57.640 --> 01:27:00.640]  Well, then here's what I would suggest you do.
[01:27:00.640 --> 01:27:02.640]  Go attempt to file it.
[01:27:02.640 --> 01:27:06.640]  I absolutely intend to do just exactly that.
[01:27:06.640 --> 01:27:17.640]  And when the prosecutor in the other jurisdiction interferes with me or he tells the grand jury they don't have jurisdiction, then I file against him.
[01:27:17.640 --> 01:27:19.640]  In another grid jurisdiction.
[01:27:19.640 --> 01:27:20.640]  No, no, no, no.
[01:27:20.640 --> 01:27:24.640]  You demand he prove they have no jurisdiction.
[01:27:24.640 --> 01:27:32.640]  I do that by filing criminal charges in another jurisdiction against the district attorney for jury tampering.
[01:27:32.640 --> 01:27:35.640]  Okay.
[01:27:35.640 --> 01:27:37.640]  It was an idea.
[01:27:37.640 --> 01:27:39.640]  That's a different way.
[01:27:39.640 --> 01:27:47.640]  If he says you say that he tells the grand jury they have no jurisdiction upon what does he base that claim?
[01:27:47.640 --> 01:27:54.640]  Yeah, I'm going to call that jury tampering and let him explain to another grand jury on what he bases that claim.
[01:27:54.640 --> 01:27:56.640]  Okay.
[01:27:56.640 --> 01:28:03.640]  That's kind of the strategy I use about, you know, never ask a public official to do anything you actually want him to do.
[01:28:03.640 --> 01:28:15.640]  Because you never ask a public official to do anything that the law does not expressly require him to do so that when he doesn't, you kick him in his professional teeth.
[01:28:15.640 --> 01:28:21.640]  By going to someone else and trying to get them to arrest him.
[01:28:21.640 --> 01:28:23.640]  I have one more question for you.
[01:28:23.640 --> 01:28:24.640]  Okay.
[01:28:24.640 --> 01:28:35.640]  If the public view of attorneys is they are liars, cheats and thieves, why do they keep electing them to public office?
[01:28:35.640 --> 01:28:40.640]  That is a good question.
[01:28:40.640 --> 01:28:44.640]  I watched a program about tanks.
[01:28:44.640 --> 01:28:46.640]  It will stop when it hurts.
[01:28:46.640 --> 01:28:54.640]  Somehow we don't figure it out. The guy goes to the doctor and says, Doc, I broke my arm in three places.
[01:28:54.640 --> 01:29:01.640]  And the doc says, it seemed like you'd stay out of those places.
[01:29:01.640 --> 01:29:08.640]  Alright, with that note, Brandon, we don't learn from our mistakes.
[01:29:08.640 --> 01:29:13.640]  Or those of others either.
[01:29:13.640 --> 01:29:18.640]  Okay. Thank you very much, Jeff.
[01:29:18.640 --> 01:29:22.640]  Don't get some sleep.
[01:29:22.640 --> 01:29:26.640]  Yeah, I don't know what anybody in their right mind is doing up this time and I've listened to us.
[01:29:26.640 --> 01:29:31.640]  But anyway, for those who are not in their right mind, let's go to Shane in New York and Shane.
[01:29:31.640 --> 01:29:39.640]  I don't, by any means, want to imply that you're not in your right mind.
[01:29:39.640 --> 01:29:40.640]  Are you left-handed?
[01:29:40.640 --> 01:29:42.640]  Oh, wait a minute.
[01:29:42.640 --> 01:29:46.640]  I hear the music. Shane, if you would, please hang on through this break.
[01:29:46.640 --> 01:29:51.640]  512-646-1984 will get you in line behind.
[01:29:51.640 --> 01:29:56.640]  Shane, folks, you're listening to the four-hour Friday Night Marathon of Rural Law Radio.
[01:29:56.640 --> 01:30:03.640]  Stay tuned. We'll be right back.
[01:30:03.640 --> 01:30:07.640]  Are you worried your shyness might hold you back in the business world?
[01:30:07.640 --> 01:30:16.640]  Kevin Albrecht, back to reassure you that introverts can indeed climb to the top of the ladder while still avoiding the limelight right after this.
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[01:30:27.640 --> 01:30:32.640]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:32.640 --> 01:30:37.640]  Privacy is worth hanging on to. This message is brought to you by StartPage.com,
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[01:30:45.640 --> 01:30:49.640]  Given the media prominence of guys like Larry Ellison and Richard Branson,
[01:30:49.640 --> 01:30:53.640]  it's easy to assume that all successful people are charismatic extroverts,
[01:30:53.640 --> 01:30:56.640]  but reason research is found that's not the case.
[01:30:56.640 --> 01:31:02.640]  In fact, introverts do better than extroverts by a ratio of four to one, and more often leave positive legacies.
[01:31:02.640 --> 01:31:07.640]  That's because introverts focus on one goal at a time rather than scattering their energies.
[01:31:07.640 --> 01:31:12.640]  They value teamwork more than ego. They're not threatened by high-performing colleagues,
[01:31:12.640 --> 01:31:18.640]  and precisely because they're not in the limelight, they find it easier to admit their mistakes and change course when needed.
[01:31:18.640 --> 01:31:23.640]  So I guess the old saying is true, still waters really do run deep.
[01:31:23.640 --> 01:31:30.640]  Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:30.640 --> 01:31:32.640]  I lost my son. My nephew. My uncle. My son.
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[01:31:42.640 --> 01:31:46.640]  Although the official explanation is that fire brought down building 7,
[01:31:46.640 --> 01:31:50.640]  over 1,200 architects and engineers have looked into the evidence
[01:31:50.640 --> 01:31:54.640]  and believed there's more to the story. Bring justice to my son. My uncle. My nephew.
[01:31:54.640 --> 01:32:00.640]  My son. Go to building what.org. Why it fell, why it matters, and what you can do.
[01:32:00.640 --> 01:32:04.640]  After work, I'm so tired that I want to be left alone to sleep.
[01:32:04.640 --> 01:32:09.640]  Hey! Listen to me! Who are you? I knew years ago when you felt healthy and young,
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[01:32:40.640 --> 01:32:43.640]  I want to keep you out of the hospital and off pharmaceuticals.
[01:32:43.640 --> 01:32:49.640]  Wow. Why are you so nice to me? Because I'm you. You're out of shape, and I need a better looking future.
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[01:32:55.640 --> 01:33:00.640]  Or visit microplantpowder.com. Microplantpowder.com.
[01:33:00.640 --> 01:33:12.640]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:19.640 --> 01:33:23.640]  Mr. Jerry Stevens back there jamming.
[01:33:23.640 --> 01:33:33.640]  I like that tune. Thank you, Jerry, and Three Shoes Posse for all the insightful music.
[01:33:33.640 --> 01:33:37.640]  I do enjoy the bump from music here on Rule Well Radio.
[01:33:37.640 --> 01:33:44.640]  And with no further ado, let's go back to Shane, who we had to abruptly cut off.
[01:33:44.640 --> 01:33:48.640]  Shane, is it cold up there in New York yet?
[01:33:48.640 --> 01:33:54.640]  Yes, Randy. It's probably right around 43 degrees out right now.
[01:33:54.640 --> 01:34:01.640]  Got some rain coming in, and it's going to be cold for the bills game on Sunday.
[01:34:01.640 --> 01:34:08.640]  I have a problem here in Texas because my air condition is so loud, I had to turn it off.
[01:34:08.640 --> 01:34:10.640]  Now you're sweating.
[01:34:10.640 --> 01:34:12.640]  Life is tough.
[01:34:12.640 --> 01:34:14.640]  That's amazing.
[01:34:14.640 --> 01:34:18.640]  I understand you had a foreclosure question, Shane.
[01:34:18.640 --> 01:34:20.640]  Yeah, real quick question.
[01:34:20.640 --> 01:34:27.640]  My mom had a foreclosure. They ran out of money, and they couldn't keep up with the payments, and we answered the foreclosure.
[01:34:27.640 --> 01:34:34.640]  But the attorneys for the lender did a sneaky thing. They showed up and did a hearing without giving notice to her.
[01:34:34.640 --> 01:34:36.640]  Oh, that's forbidden.
[01:34:36.640 --> 01:34:44.640]  Two days after the hearing, they did a summary judgment, and then we filed several different documents, avoid judgment and everything.
[01:34:44.640 --> 01:34:54.640]  They make a long story short. Just yesterday, they filed a motion and a proposed order from the lender to go to a referee.
[01:34:54.640 --> 01:34:57.640]  I'm not sure if that's good news or bad news.
[01:34:57.640 --> 01:34:59.640]  To go to a what?
[01:34:59.640 --> 01:35:02.640]  Referee. Wonderful news.
[01:35:02.640 --> 01:35:09.640]  Okay. Randy, what we did is, you know, all the stuff that I've learned over the years, I hit them hard with a counterclaim.
[01:35:09.640 --> 01:35:15.640]  I filed a grievance against a judge. I filed a 2-11 and a 39-49 IRS form.
[01:35:15.640 --> 01:35:20.640]  I sent everything into the IRS, got stamped, filed into the case, so I...
[01:35:20.640 --> 01:35:26.640]  Did you get out the HUD 1 settlement statement?
[01:35:26.640 --> 01:35:28.640]  No.
[01:35:28.640 --> 01:35:43.640]  Okay, this is what I want you to do. Go on the Internet and pull down a amortization program that will give you an amortization in a spreadsheet.
[01:35:43.640 --> 01:35:54.640]  And then put in the numbers, put in your principal interest term, and it will calculate a payment amount.
[01:35:54.640 --> 01:36:05.640]  And if that payment amount matches the amount of your note, is your note a fixed interest or a variable?
[01:36:05.640 --> 01:36:08.640]  You know what? My mom knows all that.
[01:36:08.640 --> 01:36:12.640]  I don't know the details of the note. All I know is, by the way, they lost the note.
[01:36:12.640 --> 01:36:16.640]  They admitted it in an affidavit of a lost note, so they lost it. It's gone.
[01:36:16.640 --> 01:36:20.640]  Then you have raised the issue of the lost note.
[01:36:20.640 --> 01:36:22.640]  Right.
[01:36:22.640 --> 01:36:25.640]  You can preserve that for appeal.
[01:36:25.640 --> 01:36:27.640]  Well, here's one you need to look at.
[01:36:27.640 --> 01:36:29.640]  And a record. Yeah.
[01:36:29.640 --> 01:36:35.640]  Just get the numbers, run the numbers, and calculate a payment.
[01:36:35.640 --> 01:36:43.640]  And then add up all of the fees that were charged on the HUD 1 settlement statement.
[01:36:43.640 --> 01:36:46.640]  And here's the deal.
[01:36:46.640 --> 01:36:51.640]  At closing, ask your mother,
[01:36:51.640 --> 01:37:04.640]  tender, bring to the table documentation to show that the fees charged on the one settlement statement were not otherwise forbidden to be charged by law.
[01:37:04.640 --> 01:37:13.640]  And those fees that are forbidden to be charged by law are those fees that are the normal part of doing business.
[01:37:13.640 --> 01:37:20.640]  The normal part of doing business fees are intended to be taken from the finance charge.
[01:37:20.640 --> 01:37:25.640]  The fees charged were not otherwise forbidden to be charged by law,
[01:37:25.640 --> 01:37:30.640]  that the fees were for services actually rendered,
[01:37:30.640 --> 01:37:33.640]  that the services were necessary,
[01:37:33.640 --> 01:37:44.640]  that the vendors who provided the service were bona fide vendors and not front companies for your mother's fiduciaries,
[01:37:44.640 --> 01:37:54.640]  that the amounts charged were reasonable and that the lender did not take an undisclosed markup on the amounts charged.
[01:37:54.640 --> 01:37:58.640]  This is all out of the real estate settlement procedures act.
[01:37:58.640 --> 01:38:03.640]  And since she didn't, and we know she didn't because they never do,
[01:38:03.640 --> 01:38:08.640]  then since none of the fees charged were documented,
[01:38:08.640 --> 01:38:13.640]  then you have reason to believe that they're all bogus.
[01:38:13.640 --> 01:38:24.640]  So from the first payment, and this is why you want a spreadsheet that will list out principal interest payments all the way down to the term,
[01:38:24.640 --> 01:38:32.640]  plug in on the first payment, the full amount at the bottom of the second page of the HUD one settlement statement.
[01:38:32.640 --> 01:38:36.640]  It's 91400.
[01:38:36.640 --> 01:38:37.640]  Plug that in.
[01:38:37.640 --> 01:38:41.640]  Now there's two columns, one paid by the borrower, one paid by the lender.
[01:38:41.640 --> 01:38:45.640]  Add them both up, put the full amount in,
[01:38:45.640 --> 01:38:51.640]  and go down your note and see where the note zeroes out.
[01:38:51.640 --> 01:38:59.640]  And then go down to the bottom and it'll tell you how much you overpaid on the principal.
[01:38:59.640 --> 01:39:08.640]  And then sue them for fraud in collecting these fraudulent fees on the HUD one settlement statement.
[01:39:08.640 --> 01:39:11.640]  We did that with a whole bunch of them.
[01:39:11.640 --> 01:39:13.640]  Steve, we did that with yours.
[01:39:13.640 --> 01:39:19.640]  And we told them, if you approve up one of these fees, well, we'll take it out of the calculation.
[01:39:19.640 --> 01:39:22.640]  Steve, how many years did they prove up?
[01:39:22.640 --> 01:39:24.640]  Zero.
[01:39:24.640 --> 01:39:28.640]  We've helped about four or five hundred people file these suits.
[01:39:28.640 --> 01:39:33.640]  And that's how many fees were proved up.
[01:39:33.640 --> 01:39:42.640]  In over a 30-year period, the sum total of the fees amounted to an excess of $42,000.
[01:39:42.640 --> 01:39:45.640]  Yeah, he would have overpaid the note.
[01:39:45.640 --> 01:39:50.640]  $116,000 note at 16 percent.
[01:39:50.640 --> 01:39:52.640]  I'm sorry, six percent.
[01:39:52.640 --> 01:39:53.640]  Six percent.
[01:39:53.640 --> 01:39:58.640]  He would have overpaid $42,000.
[01:39:58.640 --> 01:40:00.640]  This number grows really big.
[01:40:00.640 --> 01:40:01.640]  Here's the deal.
[01:40:01.640 --> 01:40:09.640]  If they add one extra dollar to the head of the note, that's the last dollar you pay off.
[01:40:09.640 --> 01:40:16.640]  So instead of taking these fees like warehousing fee, administration fee, document preparation fees,
[01:40:16.640 --> 01:40:19.640]  these are all normal part of doing business.
[01:40:19.640 --> 01:40:28.640]  Instead of taking that out of the interest they charge, they added it to the principal and charged interest on it for the full term of the note.
[01:40:28.640 --> 01:40:35.640]  Now, a 30-year note, it'll almost triple by the time it gets to the end.
[01:40:35.640 --> 01:40:37.640]  So you sue them for it.
[01:40:37.640 --> 01:40:39.640]  They're not going to prove up any of them.
[01:40:39.640 --> 01:40:41.640]  They're going to have a fit.
[01:40:41.640 --> 01:40:44.640]  Well, Randy, let me interject a question here.
[01:40:44.640 --> 01:40:53.640]  Is there something in Respa, Tila, in any of the laws governing a mortgage?
[01:40:53.640 --> 01:41:01.640]  Is there any statute that forbids charging interest on fees?
[01:41:01.640 --> 01:41:03.640]  Only the...
[01:41:03.640 --> 01:41:06.640]  No.
[01:41:06.640 --> 01:41:07.640]  Okay.
[01:41:07.640 --> 01:41:16.640]  As long as they're not the normal part of doing business.
[01:41:16.640 --> 01:41:24.640]  If there's something extraordinary, then they can add it in there. The appraisal they can add in.
[01:41:24.640 --> 01:41:31.640]  The real estate settlement procedures act or the Truth and Lending Act, one of them lists essentially what can be added in there.
[01:41:31.640 --> 01:41:33.640]  And there's not very much.
[01:41:33.640 --> 01:41:45.640]  In my mind, and I can't find any statute or case law to substantiate this, but this is just my own personal observation or opinion.
[01:41:45.640 --> 01:41:47.640]  And it should be taken as that.
[01:41:47.640 --> 01:41:54.640]  That if you charge a fee, let's say you're going to the fair and there's a $10 entry fee.
[01:41:54.640 --> 01:42:04.640]  They're not going to charge you interest on that entry fee for every hour or every minute that you're going to be there, or else it wouldn't be a fee.
[01:42:04.640 --> 01:42:06.640]  It would be something else.
[01:42:06.640 --> 01:42:10.640]  I don't know what else it would be, but it would no longer be a fee.
[01:42:10.640 --> 01:42:19.640]  So if these are truly fees, they cannot charge you interest on the fees because they're no longer fees.
[01:42:19.640 --> 01:42:22.640]  Well, they finance the fees.
[01:42:22.640 --> 01:42:24.640]  They add them to the principle.
[01:42:24.640 --> 01:42:26.640]  Yes, they do.
[01:42:26.640 --> 01:42:34.640]  You could write a check and pay all those off and they wouldn't charge you interest on it.
[01:42:34.640 --> 01:42:40.640]  But I don't remember ever being given that option.
[01:42:40.640 --> 01:42:45.640]  They generally don't.
[01:42:45.640 --> 01:42:49.640]  So it behooves them at the end of a 30-year period.
[01:42:49.640 --> 01:42:55.640]  God forbid a mortgagee may get to the end of a 30-year period without being foreclosed on.
[01:42:55.640 --> 01:43:00.640]  But it would be in their monetary interest to charge interest on the fees.
[01:43:00.640 --> 01:43:03.640]  But in my mind, that is unjust enrichment.
[01:43:03.640 --> 01:43:11.640]  If you want to charge me $10 and then you're going to charge interest on that $10,
[01:43:11.640 --> 01:43:19.640]  on the unpaid balance of that $10 every month for 30 years, you're stealing from me.
[01:43:19.640 --> 01:43:22.640]  That's theft.
[01:43:22.640 --> 01:43:27.640]  That's exactly the point, Shane.
[01:43:27.640 --> 01:43:36.640]  And whenever I had someone who had been in the business and I brought this up,
[01:43:36.640 --> 01:43:39.640]  it scared the Jesus out of them.
[01:43:39.640 --> 01:43:47.640]  A number of them told me, don't you dare put that in there because they knew I was right.
[01:43:47.640 --> 01:43:55.640]  They had done it when they were in the business and they were afraid it would come back on them.
[01:43:55.640 --> 01:43:59.640]  This is something the banks absolutely don't want you to go to.
[01:43:59.640 --> 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 --> 01:44:07.640]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.640 --> 01:44:08.640]  What?
[01:44:08.640 --> 01:44:12.640]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:45:00.640 --> 01:45:03.640]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:21.640 --> 01:46:29.640]  We fumble on the outro, we fumble on the intro.
[01:46:29.640 --> 01:46:34.640]  That's what Friday Nights are for. Welcome to rule of law radio, folks.
[01:46:34.640 --> 01:46:36.640]  Steve pushed me off the cliff.
[01:46:36.640 --> 01:46:40.640]  It wouldn't be right if we didn't run off the cliff at least once.
[01:46:40.640 --> 01:46:45.640]  I mean, it's a four-hour show for Crown Out Loud.
[01:46:45.640 --> 01:46:49.640]  Okay, where were we?
[01:46:49.640 --> 01:46:52.640]  We were talking with Shane in New York.
[01:46:52.640 --> 01:46:54.640]  I'm still here, guys.
[01:46:54.640 --> 01:46:56.640]  Good, good, good.
[01:46:56.640 --> 01:46:58.640]  I also forgot to mute you on the break.
[01:46:58.640 --> 01:47:00.640]  We didn't scare him off.
[01:47:00.640 --> 01:47:09.640]  If you're going to a referee, you might want to, did you file a counterclaim?
[01:47:09.640 --> 01:47:10.640]  I take what you did.
[01:47:10.640 --> 01:47:11.640]  We already did, yes.
[01:47:11.640 --> 01:47:13.640]  Yes, can I just, let me just back up.
[01:47:13.640 --> 01:47:15.640]  I do want to tell you one second on Randy.
[01:47:15.640 --> 01:47:16.640]  Okay.
[01:47:16.640 --> 01:47:22.640]  We didn't know about it until we checked the electric filing until December 19.
[01:47:22.640 --> 01:47:26.640]  He granted summary judgment within four days, and I flipped out.
[01:47:26.640 --> 01:47:27.640]  I said, what in the heck is this?
[01:47:27.640 --> 01:47:33.640]  Because our answer wasn't due until October 6th of 2014, because we had 30 days to answer.
[01:47:33.640 --> 01:47:41.640]  Okay, you can almost always get a hearing that was held without proper notice.
[01:47:41.640 --> 01:47:48.640]  The courts were as corrupted as they are, we'll almost always turn that over.
[01:47:48.640 --> 01:47:53.640]  That's the one thing that we'll almost always get a hearing turned over.
[01:47:53.640 --> 01:47:55.640]  It's lack of proper notice.
[01:47:55.640 --> 01:48:02.640]  You'll probably find that in your New York civil procedures code.
[01:48:02.640 --> 01:48:09.640]  Okay, and Shane, I notice you sound kind of excited.
[01:48:09.640 --> 01:48:12.640]  You've got to fix that.
[01:48:12.640 --> 01:48:17.640]  Never interfere with somebody who's screwing up.
[01:48:17.640 --> 01:48:27.640]  So now you go back and you accuse the lawyers of deliberately trying to deny you due process,
[01:48:27.640 --> 01:48:32.640]  and file an amended complaint and name them.
[01:48:32.640 --> 01:48:34.640]  Is that criminal?
[01:48:34.640 --> 01:48:36.640]  No, it's civil.
[01:48:36.640 --> 01:48:38.640]  Due process violation is civil?
[01:48:38.640 --> 01:48:46.640]  It's not, it doesn't go to a constitutional right.
[01:48:46.640 --> 01:48:48.640]  Okay.
[01:48:48.640 --> 01:48:57.640]  It's strictly civil here, but they harmed you, and they acted deliberately and maliciously,
[01:48:57.640 --> 01:48:58.640]  barred grieve the lawyers.
[01:48:58.640 --> 01:49:00.640]  Have you done that at all yet?
[01:49:00.640 --> 01:49:01.640]  Yes.
[01:49:01.640 --> 01:49:02.640]  Good.
[01:49:02.640 --> 01:49:03.640]  Good man.
[01:49:03.640 --> 01:49:07.640]  Okay, now go back and file an amendment.
[01:49:07.640 --> 01:49:08.640]  Are you prepared?
[01:49:08.640 --> 01:49:09.640]  Yeah, good.
[01:49:09.640 --> 01:49:13.640]  File an amended complaint and name those suckers.
[01:49:13.640 --> 01:49:16.640]  Okay, I have a question for you.
[01:49:16.640 --> 01:49:20.640]  Well, before the defendant, by the way, were the respondent for the sparkles?
[01:49:20.640 --> 01:49:21.640]  Yes, yeah.
[01:49:21.640 --> 01:49:25.640]  This is a urinary and a mortgage state.
[01:49:25.640 --> 01:49:36.640]  How do you know that the bank foreclosed on you or bank initiated this process?
[01:49:36.640 --> 01:49:37.640]  Correct.
[01:49:37.640 --> 01:49:38.640]  The answer is you don't.
[01:49:38.640 --> 01:49:40.640]  Yeah, I'm not being facetious here.
[01:49:40.640 --> 01:49:41.640]  I'm going somewhere.
[01:49:41.640 --> 01:49:43.640]  Yeah, and they answered that one.
[01:49:43.640 --> 01:49:44.640]  Yeah.
[01:49:44.640 --> 01:49:49.640]  The only thing you know is some lawyer signed this document.
[01:49:49.640 --> 01:49:50.640]  Right.
[01:49:50.640 --> 01:49:55.640]  How do you know he's actually representing the bank?
[01:49:55.640 --> 01:49:57.640]  That goes to agency.
[01:49:57.640 --> 01:49:58.640]  Uh-huh.
[01:49:58.640 --> 01:50:10.640]  You want to see agency, you want to see that the agent is a proper agent of a bona fide
[01:50:10.640 --> 01:50:15.640]  holder with standing and legal capacity.
[01:50:15.640 --> 01:50:16.640]  Right.
[01:50:16.640 --> 01:50:17.640]  I understand that.
[01:50:17.640 --> 01:50:18.640]  Okay.
[01:50:18.640 --> 01:50:21.640]  Have you made that charge, that claim?
[01:50:21.640 --> 01:50:22.640]  Yes.
[01:50:22.640 --> 01:50:25.640]  We put a motion in very similar to what you're saying.
[01:50:25.640 --> 01:50:26.640]  That was denied.
[01:50:26.640 --> 01:50:28.640]  Good.
[01:50:28.640 --> 01:50:29.640]  Perfect.
[01:50:29.640 --> 01:50:30.640]  Okay.
[01:50:30.640 --> 01:50:34.640]  You sounded like you were upset and stressed.
[01:50:34.640 --> 01:50:36.640]  Got to fix that.
[01:50:36.640 --> 01:50:41.640]  Every time they do something wrong, that gives you a crack at them.
[01:50:41.640 --> 01:50:46.640]  So when they do something improper, don't get upset.
[01:50:46.640 --> 01:50:51.640]  It's just going to look better when you get them to the court of appeals.
[01:50:51.640 --> 01:50:57.640]  When you come back, you know, the best defense is a good, healthy offense.
[01:50:57.640 --> 01:50:59.640]  Go right for their throats.
[01:50:59.640 --> 01:51:02.640]  And I turn around and sue them.
[01:51:02.640 --> 01:51:06.640]  Oh, they're going to have a hissy fit.
[01:51:06.640 --> 01:51:08.640]  That's not fair.
[01:51:08.640 --> 01:51:11.640]  You dirty rotten process scoundrels.
[01:51:11.640 --> 01:51:12.640]  Yeah.
[01:51:12.640 --> 01:51:20.640]  But, okay, did you, okay, from talking to me, you sound like you already know as much
[01:51:20.640 --> 01:51:22.640]  as we do.
[01:51:22.640 --> 01:51:28.640]  So instead of me running my mouth, do you, what, do you have a specific question for
[01:51:28.640 --> 01:51:29.640]  me?
[01:51:29.640 --> 01:51:31.640]  Yes, I do.
[01:51:31.640 --> 01:51:34.640]  We got to get prepared for this because it looks like the judge hasn't assigned it,
[01:51:34.640 --> 01:51:37.640]  but I'm going to imagine he's going to assign it.
[01:51:37.640 --> 01:51:42.640]  But it's a proposed order for a referee and they have a hearing set already for no, not
[01:51:42.640 --> 01:51:43.640]  all, listen to this.
[01:51:43.640 --> 01:51:45.640]  We finally are getting notice for a hearing.
[01:51:45.640 --> 01:51:46.640]  Isn't that great?
[01:51:46.640 --> 01:51:47.640]  So November.
[01:51:47.640 --> 01:51:48.640]  Oh, wait a minute.
[01:51:48.640 --> 01:51:57.640]  How can you set a hearing for a date for a hearing when you, okay, you just said that
[01:51:57.640 --> 01:52:00.640]  you just received a notice of hearing.
[01:52:00.640 --> 01:52:02.640]  Wait, you got a summary judgment.
[01:52:02.640 --> 01:52:04.640]  Did you get that overturned?
[01:52:04.640 --> 01:52:05.640]  Yeah.
[01:52:05.640 --> 01:52:07.640]  No, that's still pending, but it's real.
[01:52:07.640 --> 01:52:08.640]  We don't know.
[01:52:08.640 --> 01:52:11.640]  We're kind of lost in a shuffle here, but it's still there.
[01:52:11.640 --> 01:52:17.640]  But now the attorney representing the winner filed a motion and a proposed order to have
[01:52:17.640 --> 01:52:26.640]  a hearing set for November 3rd, two o'clock to 2014 to appoint a referee.
[01:52:26.640 --> 01:52:27.640]  Referee for what?
[01:52:27.640 --> 01:52:29.640]  If they have summary judgment.
[01:52:29.640 --> 01:52:31.640]  I don't know.
[01:52:31.640 --> 01:52:35.640]  They know the summary judgment is going to go in trash can.
[01:52:35.640 --> 01:52:36.640]  Oh, yeah.
[01:52:36.640 --> 01:52:37.640]  Yeah.
[01:52:37.640 --> 01:52:44.640]  Has he filed a motion for reconsideration or motion for retrial on the motion on the
[01:52:44.640 --> 01:52:46.640]  summary judgment?
[01:52:46.640 --> 01:52:47.640]  Yes.
[01:52:47.640 --> 01:52:48.640]  We already addressed that.
[01:52:48.640 --> 01:52:49.640]  Okay.
[01:52:49.640 --> 01:52:50.640]  Good.
[01:52:50.640 --> 01:52:51.640]  Good.
[01:52:51.640 --> 01:52:52.640]  So you're covered.
[01:52:52.640 --> 01:52:53.640]  You've got your basis covered.
[01:52:53.640 --> 01:52:54.640]  Now sue the lawyers.
[01:52:54.640 --> 01:52:55.640]  Okay.
[01:52:55.640 --> 01:52:56.640]  Okay.
[01:52:56.640 --> 01:52:57.640]  You think it's premature?
[01:52:57.640 --> 01:52:58.640]  No.
[01:52:58.640 --> 01:53:10.640]  If they do something else, you can file an amended suit and add that to it.
[01:53:10.640 --> 01:53:12.640]  These guys want to fight.
[01:53:12.640 --> 01:53:13.640]  Give them a fight.
[01:53:13.640 --> 01:53:14.640]  Yeah.
[01:53:14.640 --> 01:53:18.640]  And now a lawyer would never do that, but you're not a lawyer.
[01:53:18.640 --> 01:53:21.640]  Steve, you got a story about that one.
[01:53:21.640 --> 01:53:23.640]  What's that?
[01:53:23.640 --> 01:53:27.640]  That lawyer would never do anything like that to me.
[01:53:27.640 --> 01:53:28.640]  Oh, yeah.
[01:53:28.640 --> 01:53:29.640]  Yeah.
[01:53:29.640 --> 01:53:34.640]  That was on the Texas rule 12.
[01:53:34.640 --> 01:53:43.640]  Rules of civil procedure rule 12 is a motion that someone can file to have the opposing
[01:53:43.640 --> 01:53:50.640]  individual appear and prove up agency capacity and standing.
[01:53:50.640 --> 01:53:59.640]  And we went into a trial de novo and the judge there at the trial de novo went back way back
[01:53:59.640 --> 01:54:07.640]  to 2009 when all this garbage began with my suit and he started reading off the titles
[01:54:07.640 --> 01:54:10.640]  of all the pleadings that I had filed.
[01:54:10.640 --> 01:54:16.640]  And by this time I'd had representative counsel Jeff Kelly.
[01:54:16.640 --> 01:54:26.640]  And the judge read off a rule 12 challenge to attorney to show authority.
[01:54:26.640 --> 01:54:30.640]  Mr. Kelly, I don't, I don't suppose you filed that one.
[01:54:30.640 --> 01:54:31.640]  No, you're honored.
[01:54:31.640 --> 01:54:34.640]  That was before I came on the scene.
[01:54:34.640 --> 01:54:38.640]  Each of the judges kind of chuckled and went on to the next one.
[01:54:38.640 --> 01:54:43.640]  But yeah, that is definitely not something that one lawyer would normally do on another
[01:54:43.640 --> 01:54:44.640]  lawyer.
[01:54:44.640 --> 01:54:54.640]  They've got this, this little silent pact called professional courtesy.
[01:54:54.640 --> 01:54:59.640]  And we want to violate professional courtesy at every opportunity.
[01:54:59.640 --> 01:55:05.640]  We can't violate professional courtesy because we are not a part of that profession.
[01:55:05.640 --> 01:55:07.640]  We are pro se's.
[01:55:07.640 --> 01:55:12.640]  We want to violate what they would consider professional courtesy.
[01:55:12.640 --> 01:55:14.640]  We like a student.
[01:55:14.640 --> 01:55:20.640]  As pro se litigants, we owe opposing counsel no courtesy whatsoever.
[01:55:20.640 --> 01:55:23.640]  I agree.
[01:55:23.640 --> 01:55:25.640]  Okay.
[01:55:25.640 --> 01:55:36.640]  We kind of stepped all over you Shane and do you have a question that we didn't get to?
[01:55:36.640 --> 01:55:38.640]  I'm, I'm actually still ready.
[01:55:38.640 --> 01:55:41.640]  I'm still learning as we go through the process, but I understand capacity.
[01:55:41.640 --> 01:55:43.640]  I understand what real party of interest is.
[01:55:43.640 --> 01:55:45.640]  I understand the original notes.
[01:55:45.640 --> 01:55:50.640]  My question is, should we have gone with somebody to do an audit or find out at least where
[01:55:50.640 --> 01:55:52.640]  the note went to because they kept, they keep on coming.
[01:55:52.640 --> 01:55:54.640]  That's not, that's not the first place.
[01:55:54.640 --> 01:55:56.640]  That's the last place.
[01:55:56.640 --> 01:56:01.640]  Did you look at the, at the documents in the county records?
[01:56:01.640 --> 01:56:02.640]  Yes.
[01:56:02.640 --> 01:56:07.640]  Did you find any anomalies?
[01:56:07.640 --> 01:56:09.640]  Oh, I know you're trying to say words.
[01:56:09.640 --> 01:56:12.640]  It's not the same thing that was filed with the complaint.
[01:56:12.640 --> 01:56:13.640]  No, no.
[01:56:13.640 --> 01:56:19.640]  Such as a party suing you who is not a party according to that public record.
[01:56:19.640 --> 01:56:20.640]  Yeah.
[01:56:20.640 --> 01:56:23.640]  Everything starts in the county recorders office.
[01:56:23.640 --> 01:56:24.640]  Uh huh.
[01:56:24.640 --> 01:56:29.640]  We have a statute in Texas that every state I've seen has a similar statute.
[01:56:29.640 --> 01:56:40.640]  Any claim against real property, not acknowledged by a notary proven by two witnesses and filed
[01:56:40.640 --> 01:56:45.640]  in the public record is void as to the holder.
[01:56:45.640 --> 01:56:48.640]  First place to look, you come here with a claim.
[01:56:48.640 --> 01:56:50.640]  I look in the public record.
[01:56:50.640 --> 01:56:52.640]  I don't see your valid claim.
[01:56:52.640 --> 01:56:54.640]  I told a judge once.
[01:56:54.640 --> 01:57:01.640]  Yes, your honor, they presented this document, but you can't see that document because it has not been
[01:57:01.640 --> 01:57:04.640]  properly filed.
[01:57:04.640 --> 01:57:07.640]  First place to look is the county records.
[01:57:07.640 --> 01:57:12.640]  If you want to get a copy of everything in the records, send them to me.
[01:57:12.640 --> 01:57:13.640]  I'll go over them.
[01:57:13.640 --> 01:57:15.640]  Say what I find.
[01:57:15.640 --> 01:57:16.640]  Okay.
[01:57:16.640 --> 01:57:18.640]  And that what he doesn't find.
[01:57:18.640 --> 01:57:19.640]  Yeah.
[01:57:19.640 --> 01:57:23.640]  That goes to contractual violations.
[01:57:23.640 --> 01:57:25.640]  Securitization and bifurcation.
[01:57:25.640 --> 01:57:26.640]  We go to that.
[01:57:26.640 --> 01:57:33.640]  If we, if we can't find an easier claim, but if we look in the record and the lender transferred
[01:57:33.640 --> 01:57:39.640]  the security instrument to a third party after the lender went out of business, the dead guy
[01:57:39.640 --> 01:57:42.640]  can't transfer property.
[01:57:42.640 --> 01:57:48.640]  That's a whole lot easier to handle and easier for the judge to wrap his mind around.
[01:57:48.640 --> 01:57:53.640]  The quick is that we ran a UCC 11 search with my mom's name and came back nothing, no wings.
[01:57:53.640 --> 01:57:56.640]  I'm not sure if that means anything, but that just, that's another feather.
[01:57:56.640 --> 01:58:00.640]  Well, that just means they didn't file a UCC one on the property.
[01:58:00.640 --> 01:58:04.640]  They only tend to do that on commercial property.
[01:58:04.640 --> 01:58:07.640]  So you probably wouldn't find one there.
[01:58:07.640 --> 01:58:09.640]  But look at the one in the county record.
[01:58:09.640 --> 01:58:15.640]  I've never, I've seen one or two maybe that I couldn't tear up pieces.
[01:58:15.640 --> 01:58:19.640]  Everything is in the record, send it to me.
[01:58:19.640 --> 01:58:20.640]  Yes, sir.
[01:58:20.640 --> 01:58:22.640]  You got my email?
[01:58:22.640 --> 01:58:23.640]  Yes, I do.
[01:58:23.640 --> 01:58:24.640]  Okay.
[01:58:24.640 --> 01:58:25.640]  Get it to me.
[01:58:25.640 --> 01:58:28.640]  I'll have a look at it and tell you what I find.
[01:58:28.640 --> 01:58:29.640]  Thank you.
[01:58:29.640 --> 01:58:30.640]  Okay.
[01:58:30.640 --> 01:58:31.640]  Thank you, Shane.
[01:58:31.640 --> 01:58:34.640]  This is Randy Kelton, the students' kid more.
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