ROL_2015-02-13_16k_Hr1-2.timecode
[00:00.000 --> 00:07.520] This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.520 --> 00:08.520] at thelibertybeat.com.
[00:08.520 --> 00:12.760] I'm Brian Hagan with your Liberty Beat for Friday, February 13th, 2015.
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[00:51.320 --> 00:53.840] security in a time of crisis.
[00:53.840 --> 00:57.840] In the news, President Obama will announce executive action, ordering the government
[00:57.840 --> 01:03.280] and companies to increase shared information regarding alleged cyber security threats.
[01:03.280 --> 01:06.960] Obama is expected to make the move in response to perceived risks of cyber attacks.
[01:06.960 --> 01:11.520] The president will be speaking at a conference on cyber security at Stanford University today.
[01:11.520 --> 01:15.640] The executive order comes after the Obama administration announced plans for a new government
[01:15.640 --> 01:21.200] center focused on cyber security threats.
[01:21.200 --> 01:25.640] An international committee of scientists have released a report stating that geoengineering
[01:25.640 --> 01:30.480] techniques are not a viable alternative to reducing greenhouse gas emissions to combat
[01:30.480 --> 01:32.360] the effects of climate change.
[01:32.360 --> 01:36.720] The committee report called for more research and the understanding of various geoengineering
[01:36.720 --> 01:39.000] techniques before implementation.
[01:39.000 --> 01:43.600] The scientists found that certain techniques are likely to present serious known and possible
[01:43.600 --> 01:48.600] unknown environmental, social and political risks, including the possibility of being
[01:48.600 --> 01:49.960] deployed unilaterally.
[01:49.960 --> 01:54.400] The report was sponsored by the National Academy of Sciences, the U.S. intelligence community,
[01:54.400 --> 02:00.200] NASA, NOAA and the U.S. Department of Energy.
[02:00.200 --> 02:03.840] The Sacramento County Sheriff's Department is seeking to upgrade its cell phone surveillance
[02:03.840 --> 02:04.840] tools.
[02:04.840 --> 02:07.240] That's according to recently revealed documents.
[02:07.240 --> 02:11.720] News 10 Sacramento reports the department filed an application for a new $300,000 Stingray
[02:11.720 --> 02:14.640] cell site simulator in August of 2013.
[02:14.640 --> 02:18.640] Stingrays work by tricking cell phones into sending data to the devices as if it were
[02:18.640 --> 02:19.960] a cell tower.
[02:19.960 --> 02:23.040] The Liberty Beat is sponsored by the Texas Bitcoin Conference.
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[02:53.320 --> 02:57.320] This is the Liberty Beat for Friday, February 13th, 2015.
[02:57.320 --> 03:22.240] Check out the website at thelibertybeat.com.
[03:28.320 --> 03:30.320] Howdy, howdy.
[03:30.320 --> 03:36.320] This is Randy Kelton and Steve Skidmore, Wheel of Law Radio on this Friday.
[03:36.320 --> 03:46.960] Oh my goodness, the 13th, the February the 13th, 2013.
[03:46.960 --> 03:51.040] And I'm going to start out tonight with something I started last night.
[03:51.040 --> 03:55.720] So if you listened last night, you may have heard part of this, but one of the things
[03:55.720 --> 04:03.600] we haven't done in talking about real estate and mortgage issues is we really haven't
[04:03.600 --> 04:12.440] gone over essentially how to address your mortgage issue.
[04:12.440 --> 04:20.200] There is a relatively consistent way of going at this.
[04:20.200 --> 04:29.600] And it's important that we have a consistent methodology because if we don't, we wind
[04:29.600 --> 04:37.560] up only seeing one or two issues when there may be a whole lot more out there that we're
[04:37.560 --> 04:39.720] missing altogether.
[04:39.720 --> 04:49.920] And if you have a mortgage that you have questions about or if you just want to check it out,
[04:49.920 --> 04:56.680] there are some things to do and a number of things to look for.
[04:56.680 --> 05:03.200] There's a number of different strategies for seeking remedy.
[05:03.200 --> 05:12.880] But from my perspective, the place to start is always with the county recorder's office.
[05:12.880 --> 05:23.040] And for most of these people helping folks with mortgage issues, I don't see them going
[05:23.040 --> 05:24.040] there.
[05:24.040 --> 05:35.280] They will kind of look at it offhandedly, but in the end, that is the key place because
[05:35.280 --> 05:40.720] we have Texas Property Code 13.001.
[05:40.720 --> 05:47.880] And every state who has a county registrar of deeds or county recorder, whatever they're
[05:47.880 --> 05:57.240] called, will almost certainly have to have this particular statute in one form or another.
[05:57.240 --> 06:01.840] The one in Texas is very clear and concise.
[06:01.840 --> 06:10.160] Any claim against real property not properly acknowledged or proven, notarized or proven
[06:10.160 --> 06:17.960] by two witnesses, and filed in the public record is void as to the holder.
[06:17.960 --> 06:24.600] I see people getting in to securities arguments, they tend to go there first.
[06:24.600 --> 06:27.480] Show me the note and all this other stuff.
[06:27.480 --> 06:32.760] And I want to say, no, no, no, no, no, don't go there yet.
[06:32.760 --> 06:37.720] A lot of times you don't even have to get there.
[06:37.720 --> 06:49.120] Next thing to do, look in the record and see how the current claimant, the current debt
[06:49.120 --> 06:58.480] collector, be he mortgage company or servicer, the person who sends you what the Uniform
[06:58.480 --> 07:02.600] Commercial Code calls a presentment.
[07:02.600 --> 07:09.040] A presentment is demand for payment on a debt.
[07:09.040 --> 07:16.240] Look in the public record and see how that claimant gained authority to make the claim
[07:16.240 --> 07:19.640] by the public record.
[07:19.640 --> 07:25.120] Now you get into court with these guys and they'll make all kinds of claims about all
[07:25.120 --> 07:32.960] kinds of stuff that happened that gave them agency standing and or capacity, but you don't
[07:32.960 --> 07:35.440] care about all that.
[07:35.440 --> 07:42.080] The only thing you care about is what you can see in the public record.
[07:42.080 --> 07:45.640] Even if they have their documentation filed, if they don't have it filed in a place where
[07:45.640 --> 07:53.600] you can find it, then they're probably not your problem.
[07:53.600 --> 07:58.880] Second thing being, say you want me to work on your house, but you don't have the money
[07:58.880 --> 07:59.880] to pay me.
[07:59.880 --> 08:04.800] You want to pay me out over time and you agree to let me take a mechanics lien or materials
[08:04.800 --> 08:10.080] lien against the property until the amount is paid off.
[08:10.080 --> 08:15.120] So first thing I'm going to do is I'm going to go down and look in the public record and
[08:15.120 --> 08:23.560] see if my filing a lien against your property will be of any value because if there's a
[08:23.560 --> 08:29.000] pre-existing overriding lien, then my lien is worthless.
[08:29.000 --> 08:31.560] So I wouldn't want to take the deal.
[08:31.560 --> 08:41.320] So when I go down and look in the public record, especially if I asked the clerk to do a search
[08:41.320 --> 08:49.080] on this property for me and the clerk runs a search and I get a copy of that search,
[08:49.080 --> 08:54.600] I have a right to trust what I see there.
[08:54.600 --> 09:02.280] If I don't see an overriding claim and somebody has one, but they haven't filed it in the
[09:02.280 --> 09:06.580] public record, then I have no way of knowing that.
[09:06.580 --> 09:15.960] So I would enter into a lien agreement in good faith and then somebody else is going
[09:15.960 --> 09:23.320] to come along with a overriding lien that will overshadow my lien and make my lien worthless.
[09:23.320 --> 09:30.880] So the courts, so the legislature said, we'll set up this register of deeds and this is
[09:30.880 --> 09:33.520] first done at Plymouth Rock.
[09:33.520 --> 09:41.920] The Pilgrims set this up initially, so in 1635, the first claim was filed and they brought
[09:41.920 --> 09:46.640] that over from England because it was extremely necessary.
[09:46.640 --> 09:56.800] So if we don't have this statute, there's no way for anyone to be able to purchase property
[09:56.800 --> 10:02.320] in this country and be certain they're actually purchasing property because somebody else
[10:02.320 --> 10:04.760] may have a lien that will take it away from them.
[10:04.760 --> 10:12.760] So the legislature said, if you have a lien, now you are not required to file notice of
[10:12.760 --> 10:18.680] your lien in the public record and that's what Merge told the Dallas County district
[10:18.680 --> 10:25.680] attorney when he sued Merge for the benefit of the Dallas County clerk.
[10:25.680 --> 10:31.560] Merge told them that the suit was frivolous because there was no statutory requirement
[10:31.560 --> 10:33.600] to file and they were right.
[10:33.600 --> 10:41.040] There is not a statutory requirement to file, however, okay, that's because this is a free
[10:41.040 --> 10:45.880] country and you're free to screw yourself if you want to.
[10:45.880 --> 10:52.800] So if you have a lien against real property and you do not properly file it in the county
[10:52.800 --> 10:56.560] record, it is void as to the holder.
[10:56.560 --> 11:01.920] So why you don't have to, there are consequences if you don't.
[11:01.920 --> 11:12.280] Now after the year 2000, the banks entered into a investment scheme, a securities investment
[11:12.280 --> 11:16.800] scheme and on the surface, it looked like a pretty good deal.
[11:16.800 --> 11:23.760] You got these long-term debts and you have these retirement funds that are looking for
[11:23.760 --> 11:26.120] a long-term investment.
[11:26.120 --> 11:28.720] So it looked like a perfect marriage.
[11:28.720 --> 11:40.200] So they converted the note in portion of the long-term debt into a security or more accurately.
[11:40.200 --> 11:47.720] Based on the note, they created a security and when you're talking about mortgages, the
[11:47.720 --> 11:56.880] term security is badly abused because you have three documents in a mortgage agreement.
[11:56.880 --> 12:05.360] You have the warranted deed, you have the note and you have the mortgage or deed of
[12:05.360 --> 12:10.520] trust, which is called the security instrument.
[12:10.520 --> 12:22.040] But then they take the note and based on the note, they create a security from the note
[12:22.040 --> 12:29.840] and then they put the note in the hands of the servicer or the custodian of the document
[12:29.840 --> 12:37.120] custodian and he holds that note as a security for the security.
[12:37.120 --> 12:43.640] So you have a security instrument, you have a note turned into a security and then the
[12:43.640 --> 12:45.800] note is held as a security for the security.
[12:45.800 --> 12:54.960] It can get really confusing when you're in law, in court, this can be very difficult
[12:54.960 --> 13:01.400] to get sorted out if you're not extremely careful about your definitions.
[13:01.400 --> 13:04.160] We're going to try to be careful here.
[13:04.160 --> 13:09.760] The banks come up with this great scheme where they would take the note and hold the note
[13:09.760 --> 13:15.960] as a security and then create a security instrument they could trade in the securities market.
[13:15.960 --> 13:21.600] Well, that looked like a good idea, problem.
[13:21.600 --> 13:29.480] Real property has reporting requirements that don't exist for other kinds of investments
[13:29.480 --> 13:33.400] because of the very nature of real property.
[13:33.400 --> 13:39.360] So the banks come up with this scheme to get around those reporting requirements.
[13:39.360 --> 13:49.160] They put together this company called Mortgage Electronic Registration Systems and MERS would
[13:49.160 --> 13:56.440] act as an agent for the lender and his successors and assigns.
[13:56.440 --> 14:05.120] So MERS becomes the agent for the holder and the scheme was that it makes no difference
[14:05.120 --> 14:10.560] who the holder is, you can always come to MERS and they're the agent.
[14:10.560 --> 14:20.200] So then they could go behind MERS with MERS standing in the front essentially as a strawman,
[14:20.200 --> 14:27.680] as the straw holder and then the actual holder behind MERS could trade that security back
[14:27.680 --> 14:36.080] and forth without having to make these reporting requirements or at least that was the idea.
[14:36.080 --> 14:43.600] The problem was according to Landmark v. Kessler, a Kansas case where MERS came to the court
[14:43.600 --> 14:49.800] and claimed that this requirement to report the beneficial interest in real property with
[14:49.800 --> 15:01.480] the county recorder was archaic, cumbersome and costly and the court agreed with them.
[15:01.480 --> 15:06.480] It was archaic, cumbersome and costly problem.
[15:06.480 --> 15:09.920] It was law and they had no power to change it.
[15:09.920 --> 15:14.200] So this was quite a while ago they started ruling against MERS and MERS has been ruled
[15:14.200 --> 15:15.200] for and against.
[15:15.200 --> 15:19.760] If they pay enough money to the court, the court ruled in their favor, when they don't
[15:19.760 --> 15:26.400] pay enough they rule against them and what happened to MERS and the banks is once the
[15:26.400 --> 15:33.160] investment companies started suing MERS for the same thing that homeowners were suing
[15:33.160 --> 15:38.320] them for, their fraudulent loans and their fraudulent practices, now we started getting
[15:38.320 --> 15:44.160] rulings in our favor on these very issues you find in the county recorder.
[15:44.160 --> 15:48.520] So the first place to look is in the county record.
[15:48.520 --> 15:54.880] Look at every document in there and even before you do that, the very first thing you should
[15:54.880 --> 16:02.080] do is get out your deed of trust and read it a couple of times.
[16:02.080 --> 16:05.000] Don't try to understand it the first time.
[16:05.000 --> 16:11.680] Read the whole thing through and then go back and read it again.
[16:11.680 --> 16:20.680] In spite of all of these securities, securitization, accusations and claims against MERS and there
[16:20.680 --> 16:25.480] is a lot of those out there but those are not very good arguments to bring to a court
[16:25.480 --> 16:31.480] and it's not that it's not a good legal argument, it's not a good political argument.
[16:31.480 --> 16:37.520] When we come back on the other side, we'll talk about how the politics interferes with
[16:37.520 --> 16:44.840] all of this and why you should do your best to bring a breach of contract claim instead
[16:44.840 --> 16:47.520] of one of these esoteric claims.
[16:47.520 --> 16:54.840] Our call in number 512-646-1984, give us a call, we'll be taking your calls all night,
[16:54.840 --> 17:00.720] we'll be right back.
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[19:28.640 --> 19:52.760] Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, and when we went out when
[19:52.760 --> 20:01.000] we were talking about contract issues, you look through the public record because you're
[20:01.000 --> 20:04.600] looking for contractual violations.
[20:04.600 --> 20:15.440] When a lender takes an action toward foreclosure, the lender is exercising a privilege you granted
[20:15.440 --> 20:23.360] the lender in the security instrument, the mortgage or the deed of trust.
[20:23.360 --> 20:32.720] If you are in a judicial state, you granted the lender a claim against the property.
[20:32.720 --> 20:40.200] And that was a condition of the lender granting the loan because without that claim against
[20:40.200 --> 20:46.320] the property, if you defaulted on the note, the lender would have to sue you personally,
[20:46.320 --> 20:53.280] get a claim against you, and then petition the court for a judgment against your property.
[20:53.280 --> 21:00.280] Well, in writing the mortgage, you gave the mortgage company or the lender a confessed
[21:00.280 --> 21:01.280] judgment.
[21:01.280 --> 21:11.960] So, you granted the judgment as a privilege to the lender on the condition that he abide
[21:11.960 --> 21:17.440] by the tenets of the security instrument.
[21:17.440 --> 21:25.240] If it's a deed of trust state, you not only granted the lender a confessed judgment or
[21:25.240 --> 21:34.560] a claim against your property, you also confessed the, he doesn't have to go to court, you gave
[21:34.560 --> 21:36.240] him the judgment.
[21:36.240 --> 21:42.560] So, he already has the claim and the judgment against your property, I actually said that
[21:42.560 --> 21:44.920] wrong when I was speaking to mortgage.
[21:44.920 --> 21:51.360] You didn't confess a judgment, you confessed a claim and he would have to go to court and
[21:51.360 --> 21:55.760] sue you or sue the property in rim.
[21:55.760 --> 21:58.320] When you sue property, that's an in rim action.
[21:58.320 --> 22:04.800] He actually sues the property because you gave him a claim against the property and
[22:04.800 --> 22:13.560] he doesn't and in having that claim, he can enforce the property as collateral so he can
[22:13.560 --> 22:16.520] prevent you from selling it or destroying it.
[22:16.520 --> 22:21.320] You have to maintain the property so that it maintains his collateral.
[22:21.320 --> 22:28.320] If it's a non-judicial state, you not only grant, give him the privilege of a claim,
[22:28.320 --> 22:33.160] you also confess the judgment against the property.
[22:33.160 --> 22:40.400] So in order for him to exercise those privileges, he has to abide by the tenets of the contract,
[22:40.400 --> 22:48.080] the covenants and one of which is, still he's 16 if it's a Fannie Mae Freddie Mac uniform
[22:48.080 --> 23:01.440] instrument it'll be Covenant 16, the applicable law and severability clause and that one,
[23:01.440 --> 23:09.120] in that covenant, both parties agree to abide by all relevant law and that's kind of a catch
[23:09.120 --> 23:11.120] all.
[23:11.120 --> 23:19.440] If the lender wants to enjoy the privilege granted in the mortgage, then he must abide
[23:19.440 --> 23:25.760] by all of the covenants as a condition, one of which is abiding by all law.
[23:25.760 --> 23:35.360] We started out, foreclosure defense, making claims under whole patina respite, Home Equity
[23:35.360 --> 23:41.440] Protection Act, Truth in Lending Act, Real Estate Settlement Procedures Act and for the
[23:41.440 --> 23:52.520] most part, our claims were getting dismissed because when your Congress instituted consumer
[23:52.520 --> 23:57.800] protection laws, they made a big deal and huffed and puffed about what a great thing
[23:57.800 --> 24:06.080] they were doing for you but it was all smoke and mirrors because they set the statute of
[24:06.080 --> 24:14.200] limitations on exercising the remedy contained in the consumer protection laws so short as
[24:14.200 --> 24:18.480] to make them essentially worthless.
[24:18.480 --> 24:29.720] However, one caveat, under Covenant 16, they agreed to abide by all law so if you have
[24:29.720 --> 24:35.960] a whole patina respite violation and you're past the two or three year statute of limitations
[24:35.960 --> 24:46.320] to exercise the claim, then you make the claim not as a claim under the remedy provided by
[24:46.320 --> 24:56.360] the legislature when they instituted the statute but you make the claim under a breach of contract.
[24:56.360 --> 25:02.680] You make it as a quiet title claim against the security instrument and ask the court
[25:02.680 --> 25:08.780] to render the security instrument void and of no force in effect.
[25:08.780 --> 25:15.420] By breach of contract, you claim that the lender repudiated the contract by breaching
[25:15.420 --> 25:18.040] the covenants of the contract.
[25:18.040 --> 25:23.200] That way you can get them into court and you can get them into the state court.
[25:23.200 --> 25:28.280] If you say, generally if you say anything about whole patina or respite, then right
[25:28.280 --> 25:33.720] away they want to remove it to the Fed but if you don't make a claim under whole patina
[25:33.720 --> 25:40.600] or respite but you make your claim as a contract, breach of contract, then that doesn't trigger
[25:40.600 --> 25:55.160] federal jurisdiction and with the 2011 Venue and Removal Clarification Act, a federal court
[25:55.160 --> 26:04.320] can no longer exercise jurisdiction over a state claim and the deed of trust is a document
[26:04.320 --> 26:11.560] entered into in the state, a breach of that is not a federal issue, it's a state issue.
[26:11.560 --> 26:17.440] So first thing you do is go look in the court record.
[26:17.440 --> 26:26.440] Look for what is in there connecting one person to another from the original lender to the
[26:26.440 --> 26:30.360] current entity who's making the claim against your property.
[26:30.360 --> 26:38.120] If you cannot connect them directly together from the public record, then the person has
[26:38.120 --> 26:43.760] no claim and things to look for.
[26:43.760 --> 26:48.600] First thing I do when I look in the record is I look at the deed of trust and I see who
[26:48.600 --> 26:55.880] the mortgagee is and generally it's some mortgage company.
[26:55.880 --> 26:59.520] Then I go on the internet and check and see if that company is still in business.
[26:59.520 --> 27:05.080] It's real important if they went out of business and win because the bank set up these mortgage
[27:05.080 --> 27:13.800] companies to write these predatory loans and then they would sell them to the special purpose
[27:13.800 --> 27:15.440] vehicle at a loss.
[27:15.440 --> 27:22.000] So they wrote these highly profitable loans and then sold them at a loss so the profit
[27:22.000 --> 27:27.600] that will come in on the note is effectively written off by the mortgage company when they
[27:27.600 --> 27:33.440] sell it for a loss and then they bankrupt the mortgage company and start another one.
[27:33.440 --> 27:39.440] That's why you have so many mortgage companies during the height of the real estate boom
[27:39.440 --> 27:44.360] you got all these mortgage companies going out of business left and right.
[27:44.360 --> 27:54.800] That's because it was all an income tax scam but it assists you in this regard if the mortgage
[27:54.800 --> 28:01.400] company went out of business and did not do an assignment of the security instrument before
[28:01.400 --> 28:07.440] it went out of business then they abandoned the security instrument.
[28:07.440 --> 28:18.680] What they'll try to do is use MERS after the fact as an agent for the lender and the lenders
[28:18.680 --> 28:28.720] successors and assigns and purport to do a transfer from the lender to a successor or
[28:28.720 --> 28:31.200] assigned.
[28:31.200 --> 28:39.120] Problem in order for MERS to act as an agent for the lender MERS would have to be directed
[28:39.120 --> 28:49.360] to take an act for the lender especially when it concerns something of value as in the deed
[28:49.360 --> 28:51.880] of trust.
[28:51.880 --> 28:57.600] The agent for your agent can't just do anything he wants to in your property.
[28:57.600 --> 29:01.160] You have to direct him in what to do.
[29:01.160 --> 29:13.000] Problem is the person and a legal fiction in Texas is a person, the person died so how
[29:13.000 --> 29:16.800] can they direct MERS to do a transfer.
[29:16.800 --> 29:24.480] Judge Shrek I forget actually his name he's a pretty famous judge in New York for dressing
[29:24.480 --> 29:25.480] these guys down.
[29:25.480 --> 29:35.480] He called it a vampire lender that the lender died and was resurrected from the grave and
[29:35.480 --> 29:39.440] gave instructions from the grave he's wondering how he did that.
[29:39.440 --> 29:44.160] So first thing you look for is did the lender go out of business.
[29:44.160 --> 29:52.760] Randy Kelton, Steve Skidmore, Wood of Law Radio, our call in number 512-646-1984 a little
[29:52.760 --> 29:59.520] longer break so you've got time to go visit our sponsors and help support this radio station.
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[31:16.840 --> 31:21.600] This is Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
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[33:03.960 --> 33:10.960] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:33.960 --> 33:47.640] Okay.
[33:47.640 --> 33:48.640] We are back.
[33:48.640 --> 33:57.760] Randy Kelton, Steve Skidmore, Rule of Law Radio, and Steve has got here and he has had
[33:57.760 --> 34:04.040] something he's wanted to discuss for some time, but the events have interfered, so I'm
[34:04.040 --> 34:10.240] going to put off what I'm doing here until next time and we're going to go to Steve and
[34:10.240 --> 34:13.160] he's going to discuss his case.
[34:13.160 --> 34:14.520] Mr. Steve.
[34:14.520 --> 34:21.120] Good evening folks, I'm sorry, I'm like a whole lot earlier this time than I was last
[34:21.120 --> 34:26.280] week or last, yeah, last week, anyway.
[34:26.280 --> 34:37.480] Everybody who has known me for any period of time knows that this April will mark the
[34:37.480 --> 34:46.720] seventh year that I've been fighting a national bank, actually four of them in succession,
[34:46.720 --> 34:52.400] and I'll get to that here in just a minute, but there have been some developments in my
[34:52.400 --> 34:57.640] case that have brought it to an end.
[34:57.640 --> 35:07.160] It's bittersweet, it's a loss and a win, all of that in the same time, and if you'll humor
[35:07.160 --> 35:10.760] me for the next, I don't know how long it's going to take to get through nearly seven
[35:10.760 --> 35:19.360] years of litigation, but I'd like to bring you from point A all the way through to today.
[35:19.360 --> 35:27.720] My wife and I purchased a house in 2013, we went to closing, and the alleged lender at
[35:27.720 --> 35:33.800] that time was National City Mortgage Company.
[35:33.800 --> 35:40.400] National City Mortgage Company later changed their name to National City Mortgage Incorporated.
[35:40.400 --> 35:47.080] National City Mortgage Incorporated later merged with National City Real Estate Services,
[35:47.080 --> 35:54.960] successor to the other two guys, and then National City Real Estate Services merged
[35:54.960 --> 36:02.240] with PNC Bank National, or National Association.
[36:02.240 --> 36:07.360] Throughout that time, when we started getting in trouble with the mortgage company, it was
[36:07.360 --> 36:15.960] still mortgage company, and that was in, I believe, the summer of 2007, where my wife
[36:15.960 --> 36:21.400] and I fell a month behind, and for several months, we stayed one month behind.
[36:21.400 --> 36:30.760] We never could quite get that month that we missed caught up, so the bank started putting
[36:30.760 --> 36:35.440] pressure on us to get caught up, and we just couldn't do it.
[36:35.440 --> 36:41.880] They threatened foreclosure, so my wife and I sat down, and we devised a plan that would
[36:41.880 --> 36:47.560] get us caught back up in approximately six to eight months.
[36:47.560 --> 36:49.680] They didn't like that.
[36:49.680 --> 36:53.720] They wanted to put us on this forbearance agreement.
[36:53.720 --> 37:01.220] At the time, we were uneducated about mortgages, mortgage fraud, I mean, this had not come
[37:01.220 --> 37:08.560] to public light yet, but we were willing to do anything that we could to stay in our home,
[37:08.560 --> 37:15.200] so we entered into this forbearance agreement, and about as blindly as we entered into the
[37:15.200 --> 37:20.720] original mortgage, blind and ignorant.
[37:20.720 --> 37:27.160] But once we got to looking at this forbearance agreement, this thing was, it was a monster.
[37:27.160 --> 37:29.000] It was detrimental.
[37:29.000 --> 37:34.560] It was going to take longer for us to get caught up, cost us more money, and we couldn't
[37:34.560 --> 37:36.640] afford it.
[37:36.640 --> 37:44.680] So I started challenging the bank to, I started reading up on mortgage law and whatnot, found
[37:44.680 --> 37:55.080] out what I thought was a QWR, sent in a QWR, they didn't respond to it, they sent, instead
[37:55.080 --> 38:03.100] of responding to the QWR, instead of even acknowledging, now this is two part, law says
[38:03.100 --> 38:07.560] that first they must acknowledge, they've got to acknowledge, I believe, within five
[38:07.560 --> 38:14.440] days, and then they've got to respond within 30, that's upon receipt of your documents.
[38:14.440 --> 38:17.520] But they ignored that QWR completely.
[38:17.520 --> 38:29.320] Now granted, it was a blanket 100 question thing and had nothing to do with financing.
[38:29.320 --> 38:35.600] What I did was what many people do, went to the internet and used one of the several hundreds
[38:35.600 --> 38:40.800] available as a template and asked for everything under the sun.
[38:40.800 --> 38:45.960] I came to the knowledge later on after actually getting into the code and reading the code
[38:45.960 --> 38:52.200] that a qualified written request is a specific document.
[38:52.200 --> 38:59.000] What you're doing, what a qualified written request is for is to say, hey, I've gone back
[38:59.000 --> 39:06.240] over the accounting of this mortgage and I've noticed a few errors, will you fix it?
[39:06.240 --> 39:08.560] That's the request, will you fix it?
[39:08.560 --> 39:14.760] So this is, a QWR is not an opportunity to ask where your babies come from, what size
[39:14.760 --> 39:21.800] shoes do you wear, it's specific to accounting and correcting errors in accounting.
[39:21.800 --> 39:27.240] So no wonder they ignored it, they really had no obligation to respond to it because
[39:27.240 --> 39:30.800] it wasn't technically a qualified written request.
[39:30.800 --> 39:39.200] By my omission of any kind of financing questions or errors, I had not submitted a real qualified
[39:39.200 --> 39:40.200] written request.
[39:40.200 --> 39:42.320] So they offered a mortgage modification.
[39:42.320 --> 39:49.800] I sent documentation back to them saying with something scribbled across the front in magic
[39:49.800 --> 39:58.440] markers saying something to the effect of rejected without dishonor, non-responsive
[39:58.440 --> 40:01.160] and sent it back to them.
[40:01.160 --> 40:05.880] They sent a few more documents and I just ignored them.
[40:05.880 --> 40:11.960] They were non-responsive to my, what I thought was a QWR.
[40:11.960 --> 40:15.560] That was about the time I found Randy Kelton.
[40:15.560 --> 40:17.920] Well, let me back up just a little bit.
[40:17.920 --> 40:22.760] In 2009, the bank foreclosed.
[40:22.760 --> 40:29.440] The day before the foreclosure sale, I had filed a temporary restraining order in Travis
[40:29.440 --> 40:30.920] County District Court.
[40:30.920 --> 40:42.960] We went before the Honorable John Dietz and Judge Dietz denied our TRO, he in a very gentleman
[40:42.960 --> 40:48.360] and professional fashion handed me my backside.
[40:48.360 --> 41:01.280] He had the clerk print off a court document from a prior case that opposing counsel had
[41:01.280 --> 41:15.440] raised and consequently it was somebody I knew but the judge urged me to stay away from
[41:15.440 --> 41:22.720] the patriot mythology, the free man on the land, this kind of hooey.
[41:22.720 --> 41:27.400] Now the pleading that he handed me, when he handed it to me or had the clerk hand it to
[41:27.400 --> 41:34.840] me, he said, now Mr. Skidmore, I'm not saying that this case is just like yours but there
[41:34.840 --> 41:38.080] are some similarities.
[41:38.080 --> 41:43.160] He said, I would recommend that you refrain from this type of thing.
[41:43.160 --> 41:48.400] He wasn't offering legal advice but he was putting his toes right up to it and what he
[41:48.400 --> 41:56.520] did was he gave me not what to do but what not to do.
[41:56.520 --> 42:06.160] That was about the time, shortly after that, I met Randy Kelton, Randy, I'm going to hand
[42:06.160 --> 42:11.800] this segment to you because you've told this story several times.
[42:11.800 --> 42:16.320] Okay, I do like telling this story.
[42:16.320 --> 42:20.720] I was going to ask if you'd gone to the kitchen for another beer.
[42:20.720 --> 42:24.320] Don't have any beer, nobody's donating to my beer fund.
[42:24.320 --> 42:31.560] No, I've gotten old and about half a beer is all I can tolerate anymore.
[42:31.560 --> 42:40.560] I fall asleep and pour it all over myself.
[42:40.560 --> 42:41.560] Steve came to me.
[42:41.560 --> 42:48.720] I had started researching the mortgage issue and Steve came to me and he had an eviction
[42:48.720 --> 42:52.560] hearing coming up and said, I need a lawsuit.
[42:52.560 --> 42:56.120] I told him, well, I'm still doing my research.
[42:56.120 --> 42:59.800] He said, I don't have time for research, I need a lawsuit.
[42:59.800 --> 43:05.080] I went on the internet and I pulled out a bunch of stuff and stuck it together in a
[43:05.080 --> 43:10.160] document and gave it to him and he filed it.
[43:10.160 --> 43:14.920] The reason I tell this story is I'm making a point.
[43:14.920 --> 43:21.880] You have remedy, you have things you can do, especially when you're working with the courts.
[43:21.880 --> 43:25.960] The courts have been around a long time, they're very sophisticated and because of that, there's
[43:25.960 --> 43:28.360] a whole bunch of stuff you can do.
[43:28.360 --> 43:31.360] So he gets it filed.
[43:31.360 --> 43:39.120] The other side answers the suit and essentially said, your honor, this suit's a piece of crap.
[43:39.120 --> 43:44.760] And then another 30 days later, the judge took him 20 something days to answer the suit
[43:44.760 --> 43:49.800] and then we went to break.
[43:49.800 --> 43:53.720] And we're not going to walk off the cliff this time, you're listening to Steve Gidmore,
[43:53.720 --> 43:58.480] Randy Kelton on the rule of law radio, folks, stay tuned, we'll be right back.
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[46:20.720 --> 46:32.080] Welcome back to Rule of Law Radio, folks.
[46:32.080 --> 46:35.280] We're going to leave the telephones off for a little while.
[46:35.280 --> 46:40.320] It's like I said, it's going to take a little bit for me to get from point A to point B.
[46:40.320 --> 46:45.720] I think I might be, or point A to point C, and I might be around point C so far.
[46:45.720 --> 46:57.680] But Randy, I filed that piece of crap pleading, and it was, but let me point out, it was enough
[46:57.680 --> 47:01.960] to throw the brakes on things for a little bit.
[47:01.960 --> 47:02.960] It stopped the JP.
[47:02.960 --> 47:05.520] JP said, what are you doing in my court?
[47:05.520 --> 47:08.160] I don't have jurisdiction.
[47:08.160 --> 47:17.720] Well, let me say that part because that was, when we went to the, we had, okay, keep in
[47:17.720 --> 47:20.960] mind folks, we've got two things in court right now.
[47:20.960 --> 47:23.320] We've got, oh, no, no, no, I'm sorry.
[47:23.320 --> 47:25.960] We haven't gotten to the eviction yet.
[47:25.960 --> 47:32.680] The eviction was, came, the first forcible detainer came after the TRO hearing, about
[47:32.680 --> 47:34.080] three days after the sale.
[47:34.080 --> 47:41.960] So we're, the TRO was filed a day before, and okay, Randy, you're right.
[47:41.960 --> 47:47.440] I think three days after the foreclosure, they did file their first forcible detainer
[47:47.440 --> 47:49.400] in the justice court.
[47:49.400 --> 47:53.720] That's our small claims court, or what used to be a small claims court.
[47:53.720 --> 47:57.320] The justice court has jurisdiction over that subject matter.
[47:57.320 --> 48:02.440] As I recall, you came to me and said you had an eviction hearing in a couple days.
[48:02.440 --> 48:03.440] Yeah.
[48:03.440 --> 48:05.200] So you didn't have time to wait for me.
[48:05.200 --> 48:06.360] That's why I just wouldn't.
[48:06.360 --> 48:07.360] Yeah.
[48:07.360 --> 48:11.040] I pulled out my most highly honed legal skill.
[48:11.040 --> 48:12.160] Okay.
[48:12.160 --> 48:14.160] So we're at the same timeline.
[48:14.160 --> 48:16.160] So let me go back.
[48:16.160 --> 48:17.760] Well, let me finish that.
[48:17.760 --> 48:20.040] I'm a highly skilled plagiarist.
[48:20.040 --> 48:22.000] Yes, you are.
[48:22.000 --> 48:24.080] Yes, you are.
[48:24.080 --> 48:29.600] I've heard your plagiarism flare up a couple of times after you and I got to know each
[48:29.600 --> 48:35.600] other a lot better, and I got more familiar with writing pleadings.
[48:35.600 --> 48:43.040] I've come up with some stuff that you said, oh, I feel my plagiarism kicking in, something
[48:43.040 --> 48:44.040] like that.
[48:44.040 --> 48:47.120] But yes, Randy, you are a fine plagiarist.
[48:47.120 --> 48:57.480] But plagiarism is only frowned upon in the literary world, but in the realm of the courts,
[48:57.480 --> 48:58.480] it's encouraged.
[48:58.480 --> 49:04.280] It's where we get case law, or that's why we use case law.
[49:04.280 --> 49:10.440] But at any rate, the forcible detainer that we filed the first forcible-
[49:10.440 --> 49:11.440] Wait, wait a minute.
[49:11.440 --> 49:12.440] Hold on, hold on, hold on.
[49:12.440 --> 49:14.680] Let me finish that story so it makes sense.
[49:14.680 --> 49:15.680] Okay.
[49:15.680 --> 49:23.400] The lawyer says a piece of crap to judge another 30 days later when he can finally get to rendering
[49:23.400 --> 49:24.400] the ruling.
[49:24.400 --> 49:27.840] He said, you're right, it's a piece of crap.
[49:27.840 --> 49:28.920] Fix it.
[49:28.920 --> 49:32.320] So gives us 30, 40 days to fix it.
[49:32.320 --> 49:33.320] We send it in.
[49:33.320 --> 49:39.360] The other side gets in the state court to get 30 days to respond.
[49:39.360 --> 49:41.680] So they respond and say, this one's a piece of crap.
[49:41.680 --> 49:44.720] The judge takes another 30 days, that is a piece of crap.
[49:44.720 --> 49:45.720] Fix it again.
[49:45.720 --> 49:48.240] The third time it's stuck.
[49:48.240 --> 49:51.320] But then we're like four or five months down the road.
[49:51.320 --> 49:52.320] Right.
[49:52.320 --> 50:00.640] So that's the point, if you're up against it, never ever ignore the court.
[50:00.640 --> 50:02.920] Always show up.
[50:02.920 --> 50:06.200] What you file doesn't have to be perfect.
[50:06.200 --> 50:07.200] Get something filed.
[50:07.200 --> 50:14.480] I've had pro se guys and legal reform guys miss deadlines because they're trying to make
[50:14.480 --> 50:17.440] the document perfect.
[50:17.440 --> 50:21.120] Get something in by the deadline.
[50:21.120 --> 50:22.120] Just do it.
[50:22.120 --> 50:27.240] Even if it's messed up, you call the court and told them, I sent you the wrong document.
[50:27.240 --> 50:34.360] I sent you a draft and you file an amended pleading, but always make your deadlines and
[50:34.360 --> 50:36.480] you can buy it lots of time.
[50:36.480 --> 50:40.640] Well, and if you're sticking to it, if you're coming up on a deadline and you still got
[50:40.640 --> 50:46.400] a little work to do, you can always file a motion for continuance motion for continuance
[50:46.400 --> 50:52.040] will get, if granted can get you or extension of time extension of time.
[50:52.040 --> 50:53.560] Yeah.
[50:53.560 --> 50:58.520] But the courts will, will generally grant a motion for extension in time or a motion
[50:58.520 --> 51:04.480] for continuance to, to, for a pro se to get his documents in order and prepared to go
[51:04.480 --> 51:05.480] to the court.
[51:05.480 --> 51:12.640] They understand that you have not been trained in law like the other guy.
[51:12.640 --> 51:20.840] So the pro se, if he approaches the court in good faith, he shows a good effort, a good
[51:20.840 --> 51:21.960] faith effort.
[51:21.960 --> 51:28.020] The court will usually be somewhat lenient on a pro se litigant.
[51:28.020 --> 51:31.340] Some courts will not, some courts hate process.
[51:31.340 --> 51:38.760] It depends on your approach, but to go back to the forcible detainer, they had filed the
[51:38.760 --> 51:39.760] forcible detainer.
[51:39.760 --> 51:42.160] I went to Randy said, Hey, I need something.
[51:42.160 --> 51:44.440] He'd whip something together there in a couple of days.
[51:44.440 --> 51:46.520] We got it filed.
[51:46.520 --> 51:49.800] We showed up for the, for the hearing.
[51:49.800 --> 51:55.800] Now the bank did not send a bar card holding attorney.
[51:55.800 --> 52:01.760] They sent a representative from a property management company.
[52:01.760 --> 52:08.120] When we recognized who each other were there at roll call, you know, if you've ever been
[52:08.120 --> 52:14.520] to court, you know, that one of the court assistants will court age, judicial age will
[52:14.520 --> 52:16.320] come out and take roll call.
[52:16.320 --> 52:20.960] He'll look at the docket, see who has filed what and whose hearings are scheduled for
[52:20.960 --> 52:23.400] that time and that day.
[52:23.400 --> 52:26.600] And he'll call out the name of the, the plaintiff.
[52:26.600 --> 52:29.880] The plaintiff will say here, he'll look for the defendant.
[52:29.880 --> 52:35.280] Defendant will say here, he'll look at back at the plaintiff and how long do you expect
[52:35.280 --> 52:36.280] this to take?
[52:36.280 --> 52:37.280] Oh, 10 minutes.
[52:37.280 --> 52:38.280] Okay.
[52:38.280 --> 52:39.280] We'll give you 10 minutes.
[52:39.280 --> 52:41.240] Is that 10 minutes?
[52:41.240 --> 52:44.360] Are you going to need five minutes and give them five or are you going to need, I'll need
[52:44.360 --> 52:46.040] 10 minutes and give them 10 minutes.
[52:46.040 --> 52:47.040] Okay.
[52:47.040 --> 52:48.640] I'll put you down for 20 minutes.
[52:48.640 --> 52:52.040] He does that with everything on his docket.
[52:52.040 --> 52:54.160] So that's where Randy said comes in.
[52:54.160 --> 52:55.160] Very important.
[52:55.160 --> 52:56.160] Be sure you're there.
[52:56.160 --> 52:57.160] Be there.
[52:57.160 --> 53:01.560] I learned a lesson and I'll get to that, but be there.
[53:01.560 --> 53:11.600] Now the property management, management person, representative agent asked the judge, your
[53:11.600 --> 53:16.640] honor, may we go out in the hall and, and discuss this before trial?
[53:16.640 --> 53:17.640] Certainly.
[53:17.640 --> 53:18.920] Go ahead.
[53:18.920 --> 53:22.720] So we went out into the hall and she said, Mr. Skidmore, what's this all about?
[53:22.720 --> 53:25.480] I understand you're, you're going to object.
[53:25.480 --> 53:26.800] Yeah, I'm going to object.
[53:26.800 --> 53:32.560] I filed a, filed a absurd pleading in the district court.
[53:32.560 --> 53:35.000] She said, Oh, do you have a copy of it?
[53:35.000 --> 53:36.000] Yes, I do.
[53:36.000 --> 53:38.560] Handed her a copy of it.
[53:38.560 --> 53:41.800] She looked at it and said, Oh, well, okay.
[53:41.800 --> 53:46.600] I'll tell you what, if you want me to do all the talking, I'll go in there and tell the
[53:46.600 --> 53:50.600] judge that we'll postpone this hearing and we'll just wait and see what the district
[53:50.600 --> 53:52.600] court has to say.
[53:52.600 --> 53:54.240] Okay.
[53:54.240 --> 53:57.120] We went into court and that's exactly what happened.
[53:57.120 --> 54:04.680] So the honorable judge, Diaz, I said, all right, tell you what we'll do.
[54:04.680 --> 54:08.840] Once you're going to wait for the district court, let's reset this for two weeks.
[54:08.840 --> 54:09.840] Okay.
[54:09.840 --> 54:10.840] Fine.
[54:10.840 --> 54:13.560] So we'll see you in two weeks, two weeks rolled around.
[54:13.560 --> 54:17.520] My wife and I showed up, but they didn't.
[54:17.520 --> 54:21.760] They didn't send anybody.
[54:21.760 --> 54:29.280] So judge Diaz said, tell you what has anything happened yet in the district court?
[54:29.280 --> 54:30.280] No, ma'am.
[54:30.280 --> 54:31.280] Okay.
[54:31.280 --> 54:32.280] They didn't show up.
[54:32.280 --> 54:39.000] But I'm going to dismiss this without prejudice so that they can file it again once, you know,
[54:39.000 --> 54:42.000] if you happen to lose in the district court, they can file it again.
[54:42.000 --> 54:43.000] Okay.
[54:43.000 --> 54:44.000] Fine.
[54:44.000 --> 54:45.000] Thank you.
[54:45.000 --> 54:46.840] So she dismissed that for failure to prosecute.
[54:46.840 --> 54:49.640] That's what the order said.
[54:49.640 --> 54:52.640] Failure to prosecute in a timely manner.
[54:52.640 --> 55:03.800] So the bank, like Randy said, the third pleading stuck.
[55:03.800 --> 55:07.040] Opposing counsel filed a motion for summary judgment.
[55:07.040 --> 55:15.240] We went before the honorable, at that time her name was Gisela Triana Doyle.
[55:15.240 --> 55:21.640] She's since divorced and dropped the Doyle, but I think she's back to Triana.
[55:21.640 --> 55:31.680] But anyway, we threw enough at the judge to say that, hey, there's something wrong here.
[55:31.680 --> 55:36.280] I'm not comfortable giving the bank its way.
[55:36.280 --> 55:45.360] So Mr. Skidmore needs to refine his pleading and file an amended.
[55:45.360 --> 55:46.820] Okay.
[55:46.820 --> 55:58.280] We did that and about two and a half years later, the judge, we went back to another
[55:58.280 --> 56:02.720] hearing to a judge that we didn't go back before Judge Triana.
[56:02.720 --> 56:10.040] We went back in front of, I can't remember who it was, but he didn't seem to care.
[56:10.040 --> 56:15.200] His comment actually was that, well, I'm sure this is just another one of those cases where
[56:15.200 --> 56:19.760] somebody's upside down on their mortgage and I should have objected at that time.
[56:19.760 --> 56:25.360] I really, I should have objected to that, but I didn't know to object.
[56:25.360 --> 56:34.320] But at any rate, the judge granted their motion for summary judgment.
[56:34.320 --> 56:40.800] Motion for summary judgment is a dispositive pleading and it would, by dispositive, it
[56:40.800 --> 56:44.160] would dispose of the need to go to trial.
[56:44.160 --> 56:49.360] There's a lot of things that you can do to overcome an MSJ and go to trial, but we'll
[56:49.360 --> 56:50.720] not get into that right now.
[56:50.720 --> 56:53.840] See, we've got two minutes before break.
[56:53.840 --> 57:07.480] But they filed their next, their second forcible detainer, that's an eviction action, in the
[57:07.480 --> 57:09.480] same court.
[57:09.480 --> 57:11.440] But there was a different judge there.
[57:11.440 --> 57:13.360] His name was Glenn Bass.
[57:13.360 --> 57:16.120] Glenn Bass used to be a banker, don't you know?
[57:16.120 --> 57:19.780] He went to banking school and learned from the bankers.
[57:19.780 --> 57:26.440] So he was, in my mind, bias and prejudice from the start.
[57:26.440 --> 57:29.160] Once a banker, always a banker in my mind.
[57:29.160 --> 57:34.920] So here in Texas, we've got this neat little thing that we can do and some other states
[57:34.920 --> 57:41.480] may have the same thing, but it's called a motion for change of venue in where the statute
[57:41.480 --> 57:47.600] states that if a defendant feels that he will not and cannot get a fair and impartial trial
[57:47.600 --> 57:54.400] before a certain justice, he can file by affidavit and accompanied by the affidavits of two other
[57:54.400 --> 58:02.400] credible persons, residents of the same county, who feel the same way and file those three
[58:02.400 --> 58:10.320] affidavits and your action will go to the nearest justice court, that is nearest as
[58:10.320 --> 58:11.600] the crow flies.
[58:11.600 --> 58:20.640] They've changed that up a little bit in recent past, but you can still change the venue.
[58:20.640 --> 58:26.000] And I see we've got 27 seconds before break, so I'm going to wrap it up right there.
[58:26.000 --> 58:27.680] I'm going to pause it right there.
[58:27.680 --> 58:33.160] I want to encourage everybody to go to Logos Radio, over the news break, go to Logos Radio
[58:33.160 --> 58:38.600] and look at all the things that Logos Radio offers to better your life.
[58:38.600 --> 58:43.160] If you folks will support our sponsors, our sponsors will support us.
[58:43.160 --> 58:47.240] And until we get back from the break, this is Steve Skidmore, Randy Kelton, you're listening
[58:47.240 --> 58:50.360] to Rule of Law, we'll be back after the news.
[58:50.360 --> 58:54.520] Would you like to make more definite progress in your walk with God?
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[01:00:03.240 --> 01:00:07.640] This is the Liberty Beat, your daily source for Liberty news and activist updates.
[01:00:07.640 --> 01:00:09.160] Online at thelibertybeat.com.
[01:00:09.160 --> 01:00:13.680] I'm Brian Hagan with your Liberty Beat for Friday, February 13, 2015.
[01:00:13.680 --> 01:00:16.240] Gold is trading at $1,224.
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[01:00:51.520 --> 01:00:54.040] security in a time of crisis.
[01:00:54.040 --> 01:00:58.320] In the news, President Obama will announce executive action ordering the government and
[01:00:58.320 --> 01:01:03.480] companies to increase shared information regarding alleged cybersecurity threats.
[01:01:03.480 --> 01:01:07.160] Obama is expected to make the move in response to perceived risks of cyber attack.
[01:01:07.160 --> 01:01:11.720] The president will be speaking at a conference on cybersecurity at Stanford University today.
[01:01:11.720 --> 01:01:15.880] The executive order comes after the Obama administration announced plans for a new government
[01:01:15.880 --> 01:01:21.440] center focused on cybersecurity threats.
[01:01:21.440 --> 01:01:25.880] An international committee of scientists have released a report stating that geoengineering
[01:01:25.880 --> 01:01:30.720] techniques are not a viable alternative to reducing greenhouse gas emissions to combat
[01:01:30.720 --> 01:01:32.600] the effects of climate change.
[01:01:32.600 --> 01:01:36.960] The committee report called for more research and the understanding of various geoengineering
[01:01:36.960 --> 01:01:39.240] techniques before implementation.
[01:01:39.240 --> 01:01:43.800] The scientists found that certain techniques are likely to present serious known and possible
[01:01:43.800 --> 01:01:48.800] unknown environmental, social, and political risks, including the possibility of being
[01:01:48.800 --> 01:01:49.800] deployed unilaterally.
[01:01:49.800 --> 01:01:54.560] The report was sponsored by the National Academy of Sciences, the U.S. intelligence community,
[01:01:54.560 --> 01:02:00.400] NASA, NOAA, and the U.S. Department of Energy.
[01:02:00.400 --> 01:02:04.080] The Sacramento County Sheriff's Department is seeking to upgrade its cell phone surveillance
[01:02:04.080 --> 01:02:05.080] tools.
[01:02:05.080 --> 01:02:07.440] That's according to recently revealed documents.
[01:02:07.440 --> 01:02:11.920] News 10 Sacramento reports the department filed an application for a new $300,000 Stingray
[01:02:11.920 --> 01:02:14.840] cell site simulator in August of 2013.
[01:02:14.840 --> 01:02:18.800] Stingrays work by tricking cell phones into sending data to the devices as if it were
[01:02:18.800 --> 01:02:20.160] a cell tower.
[01:02:20.160 --> 01:02:23.320] The Liberty Beat is sponsored by the Texas Bitcoin Conference.
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[01:02:52.960 --> 01:02:57.560] This is the Liberty Beat for Friday, February 13th, 2015.
[01:02:57.560 --> 01:02:59.440] Check out the website at thelibertybeat.com.
[01:02:59.440 --> 01:03:19.760] It's all according to the will of the Almighty, I read his book and it says he cares not for
[01:03:19.760 --> 01:03:20.760] the unsightly.
[01:03:20.760 --> 01:03:38.960] Welcome back to Rule Law Radio, folks.
[01:03:38.960 --> 01:03:39.960] Where did I leave off?
[01:03:39.960 --> 01:03:49.920] Okay, I left off at the second hearing on the defendant's motion for summary judgment.
[01:03:49.920 --> 01:03:53.560] Change of venue and change of venue.
[01:03:53.560 --> 01:03:54.760] We changed the venue.
[01:03:54.760 --> 01:04:03.200] Now at that time, there were two justices in precinct two and I believe one justice
[01:04:03.200 --> 01:04:06.600] in precinct five.
[01:04:06.600 --> 01:04:14.920] Since the changing of the rules, the Texas Rules of Civil Procedure, if there be on a
[01:04:14.920 --> 01:04:22.400] motion to change venue, if there be another justice in the same precinct, it would go
[01:04:22.400 --> 01:04:32.280] to, your case would go to that justice because that is the nearest justice.
[01:04:32.280 --> 01:04:40.520] Unless there is a similar prejudice there, if there is a similar prejudice there, you
[01:04:40.520 --> 01:04:46.040] would file a second motion for change of venue pointing out that there is a similar prejudice
[01:04:46.040 --> 01:04:51.720] and request it be moved to the nearest justice court.
[01:04:51.720 --> 01:05:01.960] But we got ours in just right before the changing of the rules in August 2013.
[01:05:01.960 --> 01:05:10.280] They faced two problems, they, the bank, faced two problems in court.
[01:05:10.280 --> 01:05:17.400] The second of which they had filed one year, seven months outside the statute of limitations
[01:05:17.400 --> 01:05:24.160] for filing a motion petition for a forcible detainer.
[01:05:24.160 --> 01:05:31.480] Second problem is the party named as plaintiff went out of business better than two years
[01:05:31.480 --> 01:05:34.520] prior to the filing.
[01:05:34.520 --> 01:05:47.720] So Mr. Mark Daniel Hopkins of Hopkins Williams Law filed a petition without the permission
[01:05:47.720 --> 01:05:48.720] of his client.
[01:05:48.720 --> 01:05:50.520] He didn't know who his client was.
[01:05:50.520 --> 01:05:57.260] He wasn't aware that his alleged client had died two years ago.
[01:05:57.260 --> 01:06:01.200] So which one of these two issues did we raise?
[01:06:01.200 --> 01:06:03.920] We raised the strongest.
[01:06:03.920 --> 01:06:09.220] That was the fact that this plaintiff did not exist.
[01:06:09.220 --> 01:06:12.240] No need to raise the statute of limitations.
[01:06:12.240 --> 01:06:18.240] Save that one when they file again, anticipating that filing.
[01:06:18.240 --> 01:06:20.440] We saved that one.
[01:06:20.440 --> 01:06:32.120] So there was some trickery going on behind the scenes.
[01:06:32.120 --> 01:06:37.460] The reason I want to go over this trickery is I want to give you folks out there a good
[01:06:37.460 --> 01:06:41.920] clear heads up to watch out for this kind of thing.
[01:06:41.920 --> 01:06:43.420] These guys are shysters.
[01:06:43.420 --> 01:06:48.280] They are tricksters and they will pull everything out of their hat that they think they can
[01:06:48.280 --> 01:06:50.420] get away with.
[01:06:50.420 --> 01:07:07.960] So what happened was in the hearing we challenged the plaintiffs, well let me back up.
[01:07:07.960 --> 01:07:14.280] We got decided against at the trial level in the justice court.
[01:07:14.280 --> 01:07:19.640] We filed a motion to appeal and went to the county court.
[01:07:19.640 --> 01:07:23.400] It was while we were in the county court.
[01:07:23.400 --> 01:07:30.720] The judge said, oh man, I'm getting way ahead of myself.
[01:07:30.720 --> 01:07:32.280] Back to the dead entity.
[01:07:32.280 --> 01:07:38.080] I'm relying on memory at this point but back to the dead entity.
[01:07:38.080 --> 01:07:50.080] The judge instructed opposing counsel, Mark Hawkins, to brief out the issue of who his
[01:07:50.080 --> 01:07:52.040] client was.
[01:07:52.040 --> 01:07:54.960] That's not what he did.
[01:07:54.960 --> 01:08:05.720] What he did was he sent me through our counsel, we had hired an attorney, Penny Hay, he sent
[01:08:05.720 --> 01:08:10.800] us an agreed motion or an agreed order of dismissal.
[01:08:10.800 --> 01:08:16.040] She sent it to me and I said, oh he wants to get rid of this, okay, fine, I agree.
[01:08:16.040 --> 01:08:27.000] She signed it, sent it back in and then Mr. Hawkins filed a motion to remove the pleading.
[01:08:27.000 --> 01:08:29.440] That was moot, didn't happen.
[01:08:29.440 --> 01:08:33.120] He wanted to back out of this, he knew his bar card was on the line.
[01:08:33.120 --> 01:08:39.560] That's called barotry and in the state of Texas and maybe in some other states, I'm
[01:08:39.560 --> 01:08:43.520] not sure, but barotry is a felony crime.
[01:08:43.520 --> 01:08:47.440] I don't know if there's a statute of limitations on felony crimes.
[01:08:47.440 --> 01:08:52.000] Texas is the only state that has barotry laws.
[01:08:52.000 --> 01:08:57.640] Oh, are there any similar statutes in other states that would hold an attorney accountable
[01:08:57.640 --> 01:09:03.000] for coming to court without an attorney or without a client?
[01:09:03.000 --> 01:09:08.080] That would be, it could go to a less specific, that's fraud.
[01:09:08.080 --> 01:09:15.240] Yeah, yeah, but anyway, Mr. Hawkins realized that he was committing a felony crime of barotry
[01:09:15.240 --> 01:09:17.420] and he wanted out.
[01:09:17.420 --> 01:09:21.640] He gave us all the concessions that he could and he got out.
[01:09:21.640 --> 01:09:30.080] Then they filed their third forcible detainer, this time two years and two months outside
[01:09:30.080 --> 01:09:32.040] the statute of limitations.
[01:09:32.040 --> 01:09:33.960] Now we're going to raise this.
[01:09:33.960 --> 01:09:38.200] So it went back to precinct two.
[01:09:38.200 --> 01:09:44.400] We filed another motion to change venue.
[01:09:44.400 --> 01:09:52.720] It was moved to precinct five and this is where the real trickery started.
[01:09:52.720 --> 01:09:56.800] Guy named Anthony Waddell at the time he was working for Barrett Daffin, Frat Pierre Turner
[01:09:56.800 --> 01:09:58.900] and Engel.
[01:09:58.900 --> 01:10:03.240] Let me go back, speaking of Barrett Daffin, Barrett Daffin, Frat Pierre Turner and Engel
[01:10:03.240 --> 01:10:08.720] used to be known as Barrett, Burke, Wilson, Castle, Daffin and Frat Pierre.
[01:10:08.720 --> 01:10:14.960] I went to the secretary of state's office and had them do a lookup on Barrett, Daffin,
[01:10:14.960 --> 01:10:16.200] Frat Pierre, Turner and Engel.
[01:10:16.200 --> 01:10:23.260] When we started this, we started getting stuff from Barrett Burke.
[01:10:23.260 --> 01:10:28.920] Very early on, we started receiving documents from Barrett Daffin.
[01:10:28.920 --> 01:10:32.880] Well I went to the secretary of state and wouldn't you know it?
[01:10:32.880 --> 01:10:37.280] They hadn't told the secretary of state that they'd changed their name.
[01:10:37.280 --> 01:10:45.240] So what happened there was you had a company that was a law firm, debt collector that was
[01:10:45.240 --> 01:10:53.960] doing business in the state of Texas without the state of Texas permission to do so.
[01:10:53.960 --> 01:10:54.960] That's a problem.
[01:10:54.960 --> 01:10:59.920] I haven't raised that yet, don't know if I will, but that's a problem.
[01:10:59.920 --> 01:11:03.400] These are some of the things that you got to look out for, it's called due diligence.
[01:11:03.400 --> 01:11:06.280] Go everywhere, find out everything you can.
[01:11:06.280 --> 01:11:12.080] So let's get back on track.
[01:11:12.080 --> 01:11:20.840] Mr. Hopkins filed a third one, actually Hopkins didn't file the pleading, Anthony Waddell
[01:11:20.840 --> 01:11:25.120] at Barrett Daffin in Addison, Texas, just up there by Dallas.
[01:11:25.120 --> 01:11:33.520] I lived in Austin or Pflugerville right outside of Austin.
[01:11:33.520 --> 01:11:41.360] We filed our answer and changed the venue to precinct five.
[01:11:41.360 --> 01:11:48.160] Now I received a document, the same document, I received a document from the court that
[01:11:48.160 --> 01:11:53.220] is the same document that Anthony Waddell had received.
[01:11:53.220 --> 01:12:01.360] This document said, we have received your, dear Mr. Waddell, we have received your pleading.
[01:12:01.360 --> 01:12:04.720] Point one, we have received your pleading.
[01:12:04.720 --> 01:12:09.600] Point two, please take note of the new cause number.
[01:12:09.600 --> 01:12:14.220] It was now a precinct, excuse me, a precinct five cause number.
[01:12:14.220 --> 01:12:21.440] Any prudent attorney should intuitively know that if he gets a document from the court
[01:12:21.440 --> 01:12:28.600] that says, hey, we got your case over here, that there's no need to file another case.
[01:12:28.600 --> 01:12:35.320] But Anthony Waddell chose to file another case in precinct five.
[01:12:35.320 --> 01:12:38.440] He did not inform me that he had filed this.
[01:12:38.440 --> 01:12:44.720] He did not send me a copy of the same because the original pleading would have had to have
[01:12:44.720 --> 01:12:51.060] been served by process, service of process or a process server.
[01:12:51.060 --> 01:12:58.120] We never received one from the court because it was moot and was dismissed suespante.
[01:12:58.120 --> 01:13:01.840] That means the court acted on its own to dismiss it.
[01:13:01.840 --> 01:13:04.400] They'd already received it.
[01:13:04.400 --> 01:13:08.820] So they dismissed it and the court sent us a notice of dismissal.
[01:13:08.820 --> 01:13:15.280] We had no idea unless we called the court on a daily basis, hey, did they file something
[01:13:15.280 --> 01:13:16.280] else?
[01:13:16.280 --> 01:13:18.720] Hey, did they file another?
[01:13:18.720 --> 01:13:24.240] We had no way of knowing without having been given notice that there was a second pleading
[01:13:24.240 --> 01:13:27.240] filed in an improper venue.
[01:13:27.240 --> 01:13:31.020] But we had been informed that it had been dismissed.
[01:13:31.020 --> 01:13:37.960] So thinking the only cause that we were aware of had been dismissed, we decided not to show
[01:13:37.960 --> 01:13:41.120] up.
[01:13:41.120 --> 01:13:44.880] Big mistake.
[01:13:44.880 --> 01:13:47.760] We thought we had it in the bag.
[01:13:47.760 --> 01:13:48.960] They dismissed it.
[01:13:48.960 --> 01:13:51.860] Well, they dismissed the second pleading.
[01:13:51.860 --> 01:13:53.520] We didn't show up for the first.
[01:13:53.520 --> 01:13:56.360] So guess what?
[01:13:56.360 --> 01:14:00.440] We got a default judgment.
[01:14:00.440 --> 01:14:02.960] Now what did I do then?
[01:14:02.960 --> 01:14:07.320] I filed a motion to vacate the judgment.
[01:14:07.320 --> 01:14:09.440] Judge said no.
[01:14:09.440 --> 01:14:10.440] Motion for new trial.
[01:14:10.440 --> 01:14:11.800] Judge said no.
[01:14:11.800 --> 01:14:22.080] Oh, by the way, when we got this, it was the day of the filing deadline to file an appeal.
[01:14:22.080 --> 01:14:25.000] I got it in the mailbox about 3.30 that afternoon.
[01:14:25.000 --> 01:14:34.320] I had two and a half hours to draft something.
[01:14:34.320 --> 01:14:40.160] Notice of appeal and come up with a bond or pay a cash bond.
[01:14:40.160 --> 01:14:42.540] I didn't have time.
[01:14:42.540 --> 01:14:46.800] So I got it in the next day.
[01:14:46.800 --> 01:14:47.800] Court said no.
[01:14:47.800 --> 01:14:51.000] Oh, let me let me back up.
[01:14:51.000 --> 01:14:54.960] It took a great while for the court to say no.
[01:14:54.960 --> 01:15:00.080] But before we got to that, I'd filed a notice of void judgment.
[01:15:00.080 --> 01:15:06.760] Now normally a notice would not be set for hearing a motion or a petition would be set
[01:15:06.760 --> 01:15:09.920] for hearing, but not a notice.
[01:15:09.920 --> 01:15:19.120] But the judge said, usually when somebody files a notice of void judgment, I pay attention
[01:15:19.120 --> 01:15:21.120] or the court pays attention.
[01:15:21.120 --> 01:15:22.680] So she set this for hearing.
[01:15:22.680 --> 01:15:32.480] We went to the hearing and I was challenging standing and opposing counsel said, Mr. Skidmore's
[01:15:32.480 --> 01:15:44.680] standing issues are very, very well crafted issues of title, not of standing.
[01:15:44.680 --> 01:15:51.560] And this court has no jurisdiction over title issues, move to dismiss that in part.
[01:15:51.560 --> 01:15:55.960] Now I'd like to address the three year statute limitation issue, your honor.
[01:15:55.960 --> 01:15:59.280] I'd like an opportunity to brief that out.
[01:15:59.280 --> 01:16:02.960] Her honor said, okay, I'll give you two weeks.
[01:16:02.960 --> 01:16:08.160] He said, tell you what, opposing counsel said, tell you what, give me a week and I'll copy
[01:16:08.160 --> 01:16:12.460] Mr. Skidmore and he can have a week to respond.
[01:16:12.460 --> 01:16:14.160] He took a week and a day.
[01:16:14.160 --> 01:16:20.120] I got it with three days to respond, but I responded in a timely manner and I responded
[01:16:20.120 --> 01:16:22.400] strongly.
[01:16:22.400 --> 01:16:28.360] The judge then decided after all that, decided that she never had jurisdiction because we'd
[01:16:28.360 --> 01:16:34.480] missed the hearing and it was too late to file an appeal and I hear the music in the
[01:16:34.480 --> 01:16:35.480] background.
[01:16:35.480 --> 01:16:37.720] I'm still going to leave the phones off for a little while folks.
[01:16:37.720 --> 01:16:42.400] I'm getting, I'm about 75% there.
[01:16:42.400 --> 01:16:46.560] So if you'll humor me just a little while longer, I'll see if I can wrap this up in
[01:16:46.560 --> 01:16:50.680] the next segment and then move on to some other remedies.
[01:16:50.680 --> 01:16:54.840] But you're listening to rule of law radio with Randy Kelton, Steve Skidmore.
[01:16:54.840 --> 01:17:01.160] We'll be right back after these brief messages, stay tuned.
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[01:19:24.840 --> 01:19:34.840] Welcome back to Rule of Law, folks.
[01:19:34.840 --> 01:19:41.600] I'm about to get to the end of this or bring it up to current status and I've got a point
[01:19:41.600 --> 01:19:49.340] at the end of this, but let me bring you back up to speed here.
[01:19:49.340 --> 01:19:59.600] The judge decided that she didn't have jurisdiction over the case, so we filed our appeal on that.
[01:19:59.600 --> 01:20:11.120] We went to the county court before the honorable David Phillips, before he retired, and he
[01:20:11.120 --> 01:20:22.360] decided that, yes, in fact, the statute of limitations applies and dismissed the plaintiff's
[01:20:22.360 --> 01:20:23.360] case.
[01:20:23.360 --> 01:20:29.480] Now, in this hearing, Mr. Hopkins again appeared as opposing counsel.
[01:20:29.480 --> 01:20:33.720] He tried to submit two documents.
[01:20:33.720 --> 01:20:37.720] These were two public record documents, a deed of trust and a substitute trustee's deed,
[01:20:37.720 --> 01:20:46.720] neither of which were certified copies, so we objected.
[01:20:46.720 --> 01:20:52.600] The judge raked Mr. Hopkins over the coals a little bit and said, you know you've got
[01:20:52.600 --> 01:20:58.200] to do... Well, Your Honor, if we could get a continuance here, I'd like to pause this
[01:20:58.200 --> 01:21:07.960] and we could come back at a later date and I can submit those certified documents.
[01:21:07.960 --> 01:21:13.880] The judge said, okay, well, at that time I was represented by Jeff Kelly and I whispered
[01:21:13.880 --> 01:21:18.480] in his ear, I said, don't you let that SOB out of this courtroom.
[01:21:18.480 --> 01:21:24.880] In the interest of judicial economy, we can set that aside and allow him to bring these
[01:21:24.880 --> 01:21:29.680] documents in after the trial, but we need to move forward on the merits.
[01:21:29.680 --> 01:21:38.160] Jeff said that verbatim and to look at Mr. Hopkins, you would have thought he'd seen
[01:21:38.160 --> 01:21:39.240] a ghost.
[01:21:39.240 --> 01:21:42.560] He wanted out of there.
[01:21:42.560 --> 01:21:46.280] He wanted time to regroup and recover.
[01:21:46.280 --> 01:21:48.280] He didn't get it.
[01:21:48.280 --> 01:21:50.960] That threw him off center.
[01:21:50.960 --> 01:21:56.800] So the judge said, I'm going to rule that the statute of limitations applies, that the
[01:21:56.800 --> 01:22:02.720] legislature intended for a two-year period to pass and it's passed.
[01:22:02.720 --> 01:22:12.520] So Hopkins said, well, Your Honor, I can have those before you throw your gavel there, I'd
[01:22:12.520 --> 01:22:19.120] like to reserve my right to get those certified copies on the record for appeal.
[01:22:19.120 --> 01:22:23.880] He said, okay, how long is it going to take you?
[01:22:23.880 --> 01:22:31.120] And there was someone setting in the pews behind us, spoke up and said, you can get
[01:22:31.120 --> 01:22:34.800] them downstairs.
[01:22:34.800 --> 01:22:39.680] And he said, okay, Your Honor, I will have them within an hour.
[01:22:39.680 --> 01:22:47.100] Eighteen days later, he files a motion to dismiss the appeal.
[01:22:47.100 --> 01:22:51.880] We go back in front of Phillips again.
[01:22:51.880 --> 01:22:58.320] And there was a dismissal all right, but he dismissed the case.
[01:22:58.320 --> 01:23:08.240] Now here's some more trickery, legalese, words mean everything.
[01:23:08.240 --> 01:23:13.840] You see, I've got this nasty little habit and I encourage everybody to develop the same.
[01:23:13.840 --> 01:23:17.520] I get transcripts of all the hearings that I go to.
[01:23:17.520 --> 01:23:24.160] They cost me a hundred bucks, 150 bucks, but I get a transcript because I can go back through
[01:23:24.160 --> 01:23:29.400] that transcript and I can point out every word that that guy said and show everywhere
[01:23:29.400 --> 01:23:32.160] where he screwed up.
[01:23:32.160 --> 01:23:39.840] Now in the transcript, at the end of the transcript, there's a section that is separated from the
[01:23:39.840 --> 01:23:45.240] rest of it and it's called ruling.
[01:23:45.240 --> 01:23:48.200] I don't care what court, what venue, what state you're in.
[01:23:48.200 --> 01:23:50.760] There are two parts of a ruling.
[01:23:50.760 --> 01:23:57.160] There is the judgment that is rendered and the judgment that is entered.
[01:23:57.160 --> 01:23:58.160] Okay.
[01:23:58.160 --> 01:24:00.080] You follow me?
[01:24:00.080 --> 01:24:08.160] The rendering of the judgment can be found in that section of the transcript called ruling.
[01:24:08.160 --> 01:24:14.800] This is where the judge outlines why he's making his decision and what decision he has
[01:24:14.800 --> 01:24:15.800] made.
[01:24:15.800 --> 01:24:24.360] And throughout that ruling in this transcript, the judge makes three very clear distinctions
[01:24:24.360 --> 01:24:34.480] between the case that is the forcible detainer and the appeal, our motion for new trial.
[01:24:34.480 --> 01:24:40.640] Your opposing counsel said, well, your honor, I've spoken with Mr. Kelly and at this point,
[01:24:40.640 --> 01:24:49.680] I think my client has to do a redo, file a new case and all that end quote.
[01:24:49.680 --> 01:24:55.480] The judge then said, well, if you all are happy to have your case go away, I'll just
[01:24:55.480 --> 01:25:00.740] dismiss it and you can start over.
[01:25:00.740 --> 01:25:06.600] So there was some bantering over what order to sign, who had an order.
[01:25:06.600 --> 01:25:08.440] Let's get one put together.
[01:25:08.440 --> 01:25:11.000] We didn't have one that suited the court.
[01:25:11.000 --> 01:25:17.080] So opposing counsel said, well, your honor, I can draft an order with any language you
[01:25:17.080 --> 01:25:19.600] like.
[01:25:19.600 --> 01:25:25.200] He was seeking direction from the court and the court ordered him as follows.
[01:25:25.200 --> 01:25:33.000] Well, just get me one dismissing the case, end of another quote.
[01:25:33.000 --> 01:25:41.800] That was an order to opposing counsel to draft an order dismissing the forcible detainer
[01:25:41.800 --> 01:25:45.480] suit.
[01:25:45.480 --> 01:25:51.300] The order that was rendered dismissed the case, not the appeal.
[01:25:51.300 --> 01:26:00.320] The order that was entered onto the court record dismissed something called a matter.
[01:26:00.320 --> 01:26:04.560] This matter is dismissed.
[01:26:04.560 --> 01:26:06.240] Wait a minute.
[01:26:06.240 --> 01:26:07.720] What is a matter?
[01:26:07.720 --> 01:26:09.240] How do you define matter?
[01:26:09.240 --> 01:26:16.360] You can only define matter by going back to the transcript because matter could be the
[01:26:16.360 --> 01:26:20.140] case, could be the appeal.
[01:26:20.140 --> 01:26:31.800] So we got another 24 hour notice to vacate posted to our door.
[01:26:31.800 --> 01:26:37.160] Constables came out from precinct five and put this big red sticker on the front door.
[01:26:37.160 --> 01:26:40.520] And I thought, what in the world is going on here?
[01:26:40.520 --> 01:26:47.880] I went back and read the paid closer attention to the order that was entered.
[01:26:47.880 --> 01:26:55.180] And I saw the vagueness and the ambiguity found in the word matter because the word
[01:26:55.180 --> 01:26:59.200] matter never appeared in the ruling.
[01:26:59.200 --> 01:27:04.840] So we filed a motion, we filed two different things.
[01:27:04.840 --> 01:27:12.560] I completely skipped over another TRO that had been removed to the federal venue.
[01:27:12.560 --> 01:27:14.280] I can go back and pick that up.
[01:27:14.280 --> 01:27:15.360] That was short lived.
[01:27:15.360 --> 01:27:18.140] That was dismissed with prejudice.
[01:27:18.140 --> 01:27:24.320] Thank you, Sam Sparks, the maker of rule one and rule two.
[01:27:24.320 --> 01:27:26.000] Rule one, banks win.
[01:27:26.000 --> 01:27:28.160] Rule two, see rule one.
[01:27:28.160 --> 01:27:32.160] That's Sam Sparks in every foreclosure case.
[01:27:32.160 --> 01:27:41.080] Now to get back to the ruling, we had two things going at one time.
[01:27:41.080 --> 01:27:50.000] I had filed a motion challenging, actually a plea to the jurisdiction in precinct five.
[01:27:50.000 --> 01:27:55.480] I was challenging the jurisdiction of the court at the onset of the suit because I'd
[01:27:55.480 --> 01:28:02.120] spent about three days on Lexis digging up case law in support of my argument.
[01:28:02.120 --> 01:28:12.640] And what I found was that after the statute of limitations has run, the cause of action
[01:28:12.640 --> 01:28:16.200] expires.
[01:28:16.200 --> 01:28:22.040] This means that there is no subject matter before the court for the court to have jurisdiction
[01:28:22.040 --> 01:28:25.320] over.
[01:28:25.320 --> 01:28:31.260] I cited, it had to have been six cases that were very similar on this point.
[01:28:31.260 --> 01:28:38.580] That the cause of action itself had expired and along with it, their right to sue.
[01:28:38.580 --> 01:28:45.360] So my question to the court was, if they have filed two years and two months outside the
[01:28:45.360 --> 01:28:49.480] statute of limitations, how does the court ever, I'm not saying that the court doesn't
[01:28:49.480 --> 01:28:52.360] have jurisdiction over the subject matter.
[01:28:52.360 --> 01:28:56.240] Certainly the court has, this is the proper venue.
[01:28:56.240 --> 01:28:59.200] It's a justice court and this is a forcible detainer.
[01:28:59.200 --> 01:29:02.000] This is the only court that you would take a forcible detainer to.
[01:29:02.000 --> 01:29:04.840] Yes, they had jurisdiction over the subject matter.
[01:29:04.840 --> 01:29:14.040] Unfortunately for the plaintiff, he lacked the capacity to invoke that jurisdiction.
[01:29:14.040 --> 01:29:23.780] Therefore, the court did not, could not exercise its jurisdiction over that subject matter.
[01:29:23.780 --> 01:29:27.200] There was no subject matter ever placed before the court.
[01:29:27.200 --> 01:29:30.600] The cause of action had died.
[01:29:30.600 --> 01:29:33.960] But we filed, I hear the music.
[01:29:33.960 --> 01:29:43.980] We filed a judgment for, a motion for judgment, Nunk Protunk in the appeal to have the language
[01:29:43.980 --> 01:29:49.080] in the order changed and I'll go over Nunk Protunk when we get back from this break.
[01:29:49.080 --> 01:29:53.000] I think we'll go through one more segment and then turn the folks on, turn the phones
[01:29:53.000 --> 01:30:01.280] on but until then, stay tuned and we'll be right back.
[01:30:01.280 --> 01:30:04.480] What happens when bungling burglars bother the wrong bird?
[01:30:04.480 --> 01:30:05.480] They eat crow.
[01:30:05.480 --> 01:30:10.160] I'm Dr. Catherine Albrecht and I'll give you the details on a pet store burglary gone wrong
[01:30:10.160 --> 01:30:12.040] in just a moment.
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[01:30:42.880 --> 01:30:46.760] Bungling burglars bothered the wrong bird when they broke into Hobday's Pet Shop in
[01:30:46.760 --> 01:30:47.760] Coventry, England.
[01:30:47.760 --> 01:30:52.200] They didn't have a wing or a prayer when they were up against the likes of Jack, a self-appointed
[01:30:52.200 --> 01:30:55.240] guard parrot with little patience for the petty purloiners.
[01:30:55.240 --> 01:30:59.880] When the thieves attempted to birdnap him, Jack clawed and pecked them into a humiliating
[01:30:59.880 --> 01:31:00.880] retreat.
[01:31:00.880 --> 01:31:04.880] While the burglars bolted with a bag of snakes, a bird and some fish, they left behind bits
[01:31:04.880 --> 01:31:07.560] of bloody clothing in the wake of the Jack attack.
[01:31:07.560 --> 01:31:12.040] Thanks to the DNA extracted by the winged warrior, it shouldn't be long before police
[01:31:12.040 --> 01:31:17.280] rescue Jack's pet store pals and collar the culprits who will likely eat crow behind bars.
[01:31:17.280 --> 01:31:19.000] I'm Dr. Catherine Albrecht.
[01:31:19.000 --> 01:31:22.560] More news and information at CatherineAlbrecht.com.
[01:31:22.560 --> 01:31:36.400] We want to thank all our listeners who contributed to making the Logos Radio Network fundraiser
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[01:31:37.760 --> 01:31:39.720] Your support got us close to reaching our goal.
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[01:31:47.960 --> 01:31:51.560] As a result, we are extending the deadline until February 15th.
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[01:31:58.320 --> 01:32:02.120] Please go to LogosRadioNetwork.com for details.
[01:32:02.120 --> 01:32:05.840] After work, I'm so tired that I want to be left alone to sleep.
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[01:32:08.200 --> 01:32:12.360] I'm you years ago when you felt healthy and young and everything worked on your body.
[01:32:12.360 --> 01:32:13.640] Do you remember that?
[01:32:13.640 --> 01:32:14.640] Yes.
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[01:32:39.920 --> 01:32:41.240] You can be your own doctor.
[01:32:41.240 --> 01:32:44.200] I want to keep you out of the hospital and on pharmaceuticals.
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[01:32:45.200 --> 01:32:47.080] Why are you so nice to me?
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[01:33:04.080 --> 01:33:05.080] Looking for some truth?
[01:33:05.080 --> 01:33:24.680] You found it, lobosradionetwork.com.
[01:33:24.680 --> 01:33:28.120] Welcome back to Rural Law Radio folks and I'd like to take this opportunity to remind
[01:33:28.120 --> 01:33:39.160] you that the drawing for the Glock and the CHL classes ends on this coming Sunday.
[01:33:39.160 --> 01:33:42.200] So if you're going to get your name in the hat, you better do so very quickly.
[01:33:42.200 --> 01:33:44.600] You're running out of time on that.
[01:33:44.600 --> 01:33:50.920] They'll be picking a winner here real soon and by all means, put your name in the hat
[01:33:50.920 --> 01:33:51.920] several times.
[01:33:51.920 --> 01:33:56.360] I think it only cost you $25 to get your name in the hat and the more times you do that,
[01:33:56.360 --> 01:33:58.520] the greater your chances of winning are.
[01:33:58.520 --> 01:34:02.880] And at the same time, you will be supporting this network.
[01:34:02.880 --> 01:34:09.080] You will be making it not such a difficult financial burden for Logos Radio to stay on
[01:34:09.080 --> 01:34:13.440] the air and to continue to bring you all of the knowledge and the information that we
[01:34:13.440 --> 01:34:14.440] do.
[01:34:14.440 --> 01:34:17.480] Knowledge and information that you're not going to get from mainstream radio.
[01:34:17.480 --> 01:34:19.960] I don't care how long you live.
[01:34:19.960 --> 01:34:22.040] It's not going to happen in your lifetime.
[01:34:22.040 --> 01:34:26.840] So if you want the truth, if you want something that you can really sink your teeth into and
[01:34:26.840 --> 01:34:33.680] learn about the corruption that's taking place in our courts, in our government, in our banking
[01:34:33.680 --> 01:34:40.040] system, in our lives and to the depth and scope of how far it goes and more importantly,
[01:34:40.040 --> 01:34:46.960] what to do to stop it, then folks, if you want that to continue to come to the airwaves,
[01:34:46.960 --> 01:34:49.360] please support Logos Radio.
[01:34:49.360 --> 01:34:50.760] We really need your help.
[01:34:50.760 --> 01:34:54.480] The broadcasters here don't make a penny by doing this.
[01:34:54.480 --> 01:34:56.560] We are volunteers.
[01:34:56.560 --> 01:35:02.800] I race home as quick as I can without getting thrown in jail or getting a ticket after a
[01:35:02.800 --> 01:35:08.120] long day's work so that I can get here and bring you this knowledge.
[01:35:08.120 --> 01:35:09.120] And I do it free.
[01:35:09.120 --> 01:35:14.520] I do it out of my love for you listeners, for my neighbors, for my countrymen.
[01:35:14.520 --> 01:35:21.600] So please, by all means, if you've got something to send to Logos Radio, please do so.
[01:35:21.600 --> 01:35:27.240] So that said, let's go back to Judgment Nunk Pro-Tunk.
[01:35:27.240 --> 01:35:34.160] If you're not familiar with that term, it is, let me go over Texas statutes because
[01:35:34.160 --> 01:35:36.200] I've researched them.
[01:35:36.200 --> 01:35:38.360] It's the Boo-Boo Doctrine.
[01:35:38.360 --> 01:35:41.480] It is the Boo-Boo Doctrine, it is.
[01:35:41.480 --> 01:35:52.000] A Judgment Nunk Pro-Tunk is a unique filing in that you're asking the court to change
[01:35:52.000 --> 01:35:59.320] something in an order or a judgment that was entered into the record of the court.
[01:35:59.320 --> 01:36:05.360] There's two types of errors that can be corrected and they're both handled, excuse me, they're
[01:36:05.360 --> 01:36:09.240] both handled differently.
[01:36:09.240 --> 01:36:17.640] If the court still has plenary power over the case, what is plenary power?
[01:36:17.640 --> 01:36:26.080] A trial court will have plenary power until such time that a deadline to appeal has ran
[01:36:26.080 --> 01:36:28.840] out.
[01:36:28.840 --> 01:36:32.640] That is when the court loses plenary power.
[01:36:32.640 --> 01:36:43.960] Now a Judgment Nunk Pro-Tunk can be filed at any time regardless how long time has passed,
[01:36:43.960 --> 01:36:51.360] but the only two types of errors that can be corrected are a judicial error and a clerical
[01:36:51.360 --> 01:36:52.360] error.
[01:36:52.360 --> 01:37:00.560] A judicial error can only be changed if the trial court still has plenary power over the
[01:37:00.560 --> 01:37:02.760] case.
[01:37:02.760 --> 01:37:09.440] After such time, the only thing that can be corrected is a clerical error.
[01:37:09.440 --> 01:37:22.720] That is if let's say the order says 2012 instead of 2014 or June instead of July or they spelt
[01:37:22.720 --> 01:37:25.800] Harry's name wrong.
[01:37:25.800 --> 01:37:38.920] He puts two R's in Harry, but another very unique thing that has to do with a clerical
[01:37:38.920 --> 01:37:46.900] error can only be found in the case law and case law says that if the judgment that is
[01:37:46.900 --> 01:37:57.680] entered onto the court record does not comport to the judgment that was rendered, then that
[01:37:57.680 --> 01:38:01.120] is a clerical error.
[01:38:01.120 --> 01:38:07.040] That fit perfectly into what I needed done.
[01:38:07.040 --> 01:38:13.800] Remember I had to change the word matter to say case.
[01:38:13.800 --> 01:38:20.080] Well we were all geared up to go back in front of the honorable David Phillips right before
[01:38:20.080 --> 01:38:21.940] he retired.
[01:38:21.940 --> 01:38:30.040] When we showed up to the court, the honorable David Phillips was having a retirement party
[01:38:30.040 --> 01:38:41.620] for his judicial aid and we had to go next door and now we are taxed with educating Judge
[01:38:41.620 --> 01:38:48.680] Shepard, the honorable Eric Shepard on what had taken place over the past year and a half
[01:38:48.680 --> 01:38:52.040] right next door.
[01:38:52.040 --> 01:39:01.720] We argued a very good argument as did opposing counsel, but the Judge, Judge Shepard really
[01:39:01.720 --> 01:39:09.000] sat on this thing for a long time, it was about four weeks I think, yeah just right
[01:39:09.000 --> 01:39:18.280] at a month and I was in constant contact with the court clerk asking if the Judge had come
[01:39:18.280 --> 01:39:19.280] to a ruling.
[01:39:19.280 --> 01:39:21.880] Nope, nope, nope, nope, nope.
[01:39:21.880 --> 01:39:28.400] Well a month later he came to a ruling, no I am not going to change the language.
[01:39:28.400 --> 01:39:35.320] So it was just a few days after that we had another hearing on the issues that we brought
[01:39:35.320 --> 01:39:36.720] to the court.
[01:39:36.720 --> 01:39:45.440] Now the issues that we brought to the justice court, back to the original court, were issues
[01:39:45.440 --> 01:39:55.600] of standing due to the passage of time and I supplemented my plea to the jurisdiction.
[01:39:55.600 --> 01:40:02.680] Now jurisdiction has got to be determined first and foremost.
[01:40:02.680 --> 01:40:08.180] The Judge, in order to go any further with the case, the Judge has got to determine whether
[01:40:08.180 --> 01:40:10.400] he has jurisdiction or not.
[01:40:10.400 --> 01:40:18.620] He failed in every respect to determine whether the court had jurisdiction or not.
[01:40:18.620 --> 01:40:27.300] He completely ignored, completely ignored my challenge to the jurisdiction or my plea
[01:40:27.300 --> 01:40:29.440] to the jurisdiction.
[01:40:29.440 --> 01:40:36.160] Even counsel said it's obvious that the court has jurisdiction over the subject matter and
[01:40:36.160 --> 01:40:41.240] should not entertain the supplement.
[01:40:41.240 --> 01:40:48.240] So the Judge didn't, he said oh okay, that's fine mark that down.
[01:40:48.240 --> 01:40:54.560] Now the Judge already had his mind made up when he entered that court.
[01:40:54.560 --> 01:40:57.960] He wasn't giving away no free houses.
[01:40:57.960 --> 01:41:02.200] You and I both know that there's no such thing as a free house.
[01:41:02.200 --> 01:41:09.200] We got attorney's fees, we got blood, sweat, tears, missing nights, nights of missed sleep.
[01:41:09.200 --> 01:41:11.760] This cost me a career.
[01:41:11.760 --> 01:41:14.960] I couldn't fix cars if I was in court.
[01:41:14.960 --> 01:41:20.880] I got fired for being in court instead of being at work where I belonged, where I needed
[01:41:20.880 --> 01:41:24.040] to be for my boss's customers.
[01:41:24.040 --> 01:41:26.600] I wasn't mad at my employer.
[01:41:26.600 --> 01:41:29.640] I understood.
[01:41:29.640 --> 01:41:33.040] So that's when I started going to work for the PI companies and what not but to stay
[01:41:33.040 --> 01:41:37.280] on track with the, with what was going on here in court.
[01:41:37.280 --> 01:41:40.440] They had me over a barrel.
[01:41:40.440 --> 01:41:41.940] They really did.
[01:41:41.940 --> 01:41:47.240] They brought in, now keep in mind Judge Meeker.
[01:41:47.240 --> 01:41:57.240] Judge Meeker was visiting for, oh Randy, who's the judge in precinct five?
[01:41:57.240 --> 01:42:00.040] I don't know.
[01:42:00.040 --> 01:42:01.040] You sued him.
[01:42:01.040 --> 01:42:02.040] Oh Evans.
[01:42:02.040 --> 01:42:03.040] Evans, yes.
[01:42:03.040 --> 01:42:04.040] Yes.
[01:42:04.040 --> 01:42:05.040] The honorable David Evans.
[01:42:05.040 --> 01:42:06.040] Is it David?
[01:42:06.040 --> 01:42:07.040] Herb.
[01:42:07.040 --> 01:42:08.040] Herb Evans.
[01:42:08.040 --> 01:42:09.040] There you go.
[01:42:09.040 --> 01:42:16.200] Evans had a visiting judge called Jade Meeker.
[01:42:16.200 --> 01:42:21.600] Well Judge Meeker was in court the day of our hearing and she was wrapping up the next
[01:42:21.600 --> 01:42:27.180] of the last case on her docket or actually the last case on her docket.
[01:42:27.180 --> 01:42:31.680] And when she'd wrapped that up, we were the only ones there.
[01:42:31.680 --> 01:42:37.680] And as soon as the previous litigants had cleared the doorway, she said, looked up from
[01:42:37.680 --> 01:42:43.040] her, from her notes and said, ah, Mr. Skidmore, we have a visiting judge for you.
[01:42:43.040 --> 01:42:47.200] Well, you're a visiting judge.
[01:42:47.200 --> 01:42:51.800] But here out of the, out of the wall came this old wrinkled up prune.
[01:42:51.800 --> 01:42:55.720] This old bugger had to be about 90 years old.
[01:42:55.720 --> 01:43:03.240] I mean they, they blew the dust from the mothballs off of him and drug him in out of the graveyard
[01:43:03.240 --> 01:43:05.600] for this hearing.
[01:43:05.600 --> 01:43:07.360] Why did they do that?
[01:43:07.360 --> 01:43:11.800] I'll get to that in just a minute.
[01:43:11.800 --> 01:43:16.800] This judge, as I said, had his mind, I can't recollect his name, I wish I could.
[01:43:16.800 --> 01:43:21.760] But he had his mind clearly made up when he entered the courtroom that he was going to
[01:43:21.760 --> 01:43:23.900] rule for the bank.
[01:43:23.900 --> 01:43:27.920] We put up the best argument that we could, but it didn't matter.
[01:43:27.920 --> 01:43:30.200] He had his mind made up.
[01:43:30.200 --> 01:43:34.800] He decided against us, out of hand, without determining jurisdiction.
[01:43:34.800 --> 01:43:40.960] Now, normally, I could have his license for that.
[01:43:40.960 --> 01:43:48.320] Unfortunately, he's retired, and retired judges are immune from judicial misconduct
[01:43:48.320 --> 01:43:49.320] complaints.
[01:43:49.320 --> 01:43:55.360] We're going to go ahead and turn phones on, folks, 512-646-1984.
[01:43:55.360 --> 01:43:56.360] Call in, get in line.
[01:43:56.360 --> 01:43:57.360] I'm almost done.
[01:43:57.360 --> 01:44:00.360] We'll be right backstage.
[01:44:00.360 --> 01:44:03.960] You feel tired when talking about important topics like money and politics?
[01:44:03.960 --> 01:44:07.760] Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.760 --> 01:44:08.760] What?
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[01:46:05.360 --> 01:46:34.000] Welcome back to Rule Law Radio, folks.
[01:46:34.000 --> 01:46:41.120] I'm about at the end of my six-plus-year fight here.
[01:46:41.120 --> 01:46:48.840] I've got a point that I'm going to get to here in just a minute.
[01:46:48.840 --> 01:46:57.440] As I was saying, I've learned that retired judges are immune from prosecution for judicial
[01:46:57.440 --> 01:47:00.560] misconduct because they're retired.
[01:47:00.560 --> 01:47:02.240] They're not a justice anymore.
[01:47:02.240 --> 01:47:07.480] Yes, they take an oath, or they're supposed to.
[01:47:07.480 --> 01:47:08.480] Don't care if they do or not.
[01:47:08.480 --> 01:47:16.680] I still can't go after this old geezer for judicial misconduct.
[01:47:16.680 --> 01:47:18.880] We had a couple more things that we could file.
[01:47:18.880 --> 01:47:35.040] We could have filed a pleading or a motion to dispose of the would-be plaintiff under
[01:47:35.040 --> 01:47:43.440] adverse possession, which is not unique to Texas, but not all states have a statutory
[01:47:43.440 --> 01:47:47.760] body that has statutes that cover adverse possession.
[01:47:47.760 --> 01:47:57.800] Texas has some wonderful adverse possession statutes in case law to back it up, but my
[01:47:57.800 --> 01:48:06.920] wife and I, we discussed this, and we're just tired of fighting.
[01:48:06.920 --> 01:48:14.320] We thought, you know what, there's some opportunities that are coming up.
[01:48:14.320 --> 01:48:22.400] We weighed our chances of prevailing against how bad did we want to keep fighting.
[01:48:22.400 --> 01:48:26.200] I had to ask myself, keep in mind the stress of this, folks.
[01:48:26.200 --> 01:48:28.080] Put me in the hospital.
[01:48:28.080 --> 01:48:30.600] I thought I was at the getting-off spot.
[01:48:30.600 --> 01:48:34.800] I honestly did, and so did my wife.
[01:48:34.800 --> 01:48:41.080] Put me in the hospital and racked up $56,000 in medical bills.
[01:48:41.080 --> 01:48:42.880] That's what stress will do for you.
[01:48:42.880 --> 01:48:46.000] I consider myself pretty tough.
[01:48:46.000 --> 01:48:48.920] I'm pretty resilient.
[01:48:48.920 --> 01:48:50.720] My mind can handle it.
[01:48:50.720 --> 01:48:53.480] My body can't.
[01:48:53.480 --> 01:48:55.520] Keep that in mind, too, folks.
[01:48:55.520 --> 01:49:00.920] You got to ask yourself, I preach that the first one to quit loses.
[01:49:00.920 --> 01:49:03.520] Yeah, true.
[01:49:03.520 --> 01:49:07.120] But is it all over completely?
[01:49:07.120 --> 01:49:09.600] Oh, no.
[01:49:09.600 --> 01:49:12.960] No, it's not.
[01:49:12.960 --> 01:49:16.040] Folks, I've learned something through all this, and I think the most important thing
[01:49:16.040 --> 01:49:24.460] I've learned is that we will never get a clear shot at the king because the king never enters
[01:49:24.460 --> 01:49:26.780] the battlefield.
[01:49:26.780 --> 01:49:31.800] He sends his soldiers, his army, his attorneys.
[01:49:31.800 --> 01:49:36.600] We get clear shots at them.
[01:49:36.600 --> 01:49:42.100] So if you can't beat the king, take out his soldiers.
[01:49:42.100 --> 01:49:46.480] This goes back to get transcripts of every hearing that you go to.
[01:49:46.480 --> 01:49:50.600] Any court of record that you go to, get a transcript.
[01:49:50.600 --> 01:49:52.880] Let me tell you why.
[01:49:52.880 --> 01:50:01.120] Mr. Hopkins, if you're listening, here's a fair warning.
[01:50:01.120 --> 01:50:11.080] I have criminal affidavits drafted with accusations of felonies, misdemeanors, and I can't count
[01:50:11.080 --> 01:50:12.080] the ethics violations.
[01:50:12.080 --> 01:50:17.480] You see, here in the state of Texas, as we pointed out, barritory is a felony.
[01:50:17.480 --> 01:50:20.120] So is aggravated perjury.
[01:50:20.120 --> 01:50:25.240] I've got at least three counts in one transcript.
[01:50:25.240 --> 01:50:32.280] Keep in mind, folks, attorneys, it is legally impossible for an attorney to lie.
[01:50:32.280 --> 01:50:38.080] Lying is something that we lay people do on the street and in each other's presence.
[01:50:38.080 --> 01:50:39.160] Attorneys do not lie.
[01:50:39.160 --> 01:50:41.040] They cannot lie.
[01:50:41.040 --> 01:50:50.360] What they do instead is they make fraudulent misrepresentations of material facts.
[01:50:50.360 --> 01:50:58.560] They commit perjury and aggravated perjury, aggravated perjury in the state being a felony.
[01:50:58.560 --> 01:51:00.560] This is what we call an attorney lying.
[01:51:00.560 --> 01:51:04.560] So let's not mince words here.
[01:51:04.560 --> 01:51:09.080] I don't want to hear somebody say, well, that attorney lied, he can't.
[01:51:09.080 --> 01:51:10.300] What do you call that?
[01:51:10.300 --> 01:51:12.040] What kind of lie was it?
[01:51:12.040 --> 01:51:17.360] And what penalty comes with that?
[01:51:17.360 --> 01:51:21.220] There's a lot of penalty, and we've gone over this several, several times.
[01:51:21.220 --> 01:51:27.720] When I went back through with my transcript in hand, went back through the code of professional
[01:51:27.720 --> 01:51:35.400] conduct, there were, let me say this.
[01:51:35.400 --> 01:51:41.200] There were less things on there that I could not apply than there were things in there
[01:51:41.200 --> 01:51:45.280] that I can apply.
[01:51:45.280 --> 01:51:54.680] Because for every crime committed, there is also an ethical violation, usually two or
[01:51:54.680 --> 01:52:02.880] three or eight or 20 or 40.
[01:52:02.880 --> 01:52:12.680] So if I can only shoot at the soldiers, I'm going to take the best shot I can.
[01:52:12.680 --> 01:52:18.320] Also keeping in mind that for every crime, there's a victim.
[01:52:18.320 --> 01:52:21.440] Now the victim of the crime cannot sue for the crime.
[01:52:21.440 --> 01:52:26.440] He can only sue for the tort created by the crime.
[01:52:26.440 --> 01:52:28.120] So is my fight over?
[01:52:28.120 --> 01:52:32.920] No, I'm just changing tack.
[01:52:32.920 --> 01:52:47.080] I'm not saying this on air so that I can leverage a civil settlement, absolutely not.
[01:52:47.080 --> 01:52:51.960] Once these affidavits find their way to the right hands, and I'm not through drafting
[01:52:51.960 --> 01:52:59.320] them, I'm going after all of the attorneys that did something wrong throughout the course
[01:52:59.320 --> 01:53:01.360] of nearly seven years.
[01:53:01.360 --> 01:53:05.000] Each and every one individually.
[01:53:05.000 --> 01:53:13.240] And since I told my mama, God rest her, that I was going to grow up to be an honest man,
[01:53:13.240 --> 01:53:17.000] that means that I can't in good conscience have my own bar card.
[01:53:17.000 --> 01:53:22.220] And besides that, I'm getting too old to go to law school.
[01:53:22.220 --> 01:53:26.760] So I've decided that I'm going to start a collection of bar cards with other people's
[01:53:26.760 --> 01:53:27.760] names on them.
[01:53:27.760 --> 01:53:32.920] And they're going to be marked diagonally across the face and read letters that read
[01:53:32.920 --> 01:53:39.400] void, canceled.
[01:53:39.400 --> 01:53:41.280] I'm going after the soldiers.
[01:53:41.280 --> 01:53:50.660] I want to end careers and put attorneys, corrupt attorneys in prison for a long time.
[01:53:50.660 --> 01:53:57.440] Because ladies and gentlemen, let me assure you of this.
[01:53:57.440 --> 01:54:01.080] This judicial system is our judicial system.
[01:54:01.080 --> 01:54:02.840] It does not belong to the judges.
[01:54:02.840 --> 01:54:04.560] It does not belong to the attorneys.
[01:54:04.560 --> 01:54:08.120] It does not belong to the clerks.
[01:54:08.120 --> 01:54:11.920] Our judicial system is ours.
[01:54:11.920 --> 01:54:19.120] We are the custodians of our judicial system and it is our duty to protect the integrity
[01:54:19.120 --> 01:54:20.580] of our court system.
[01:54:20.580 --> 01:54:27.380] If we do not, then we can expect to go into a corrupt court system because we have failed
[01:54:27.380 --> 01:54:32.960] in our duty to keep our house clean.
[01:54:32.960 --> 01:54:37.680] We leave that up to those who have corrupted it.
[01:54:37.680 --> 01:54:45.520] And these attorneys have single-handedly, seriously compromised the integrity of our
[01:54:45.520 --> 01:54:54.560] honorable court system and should be and will be held accountable.
[01:54:54.560 --> 01:55:00.080] If it kills me, I will hold them accountable.
[01:55:00.080 --> 01:55:07.280] And let me tell you a caveat to that.
[01:55:07.280 --> 01:55:14.160] If you start costing these attorneys their careers, you start costing these attorneys
[01:55:14.160 --> 01:55:25.040] real serious money in sanctions, in fines, in damages, the next ones are going to be
[01:55:25.040 --> 01:55:28.960] very reluctant to make a mistake.
[01:55:28.960 --> 01:55:31.960] This is how we've got to clean up our court system.
[01:55:31.960 --> 01:55:39.320] So long as the attorneys that are corrupting it have nothing to lose, they will continue
[01:55:39.320 --> 01:55:44.120] to corrupt our court system.
[01:55:44.120 --> 01:55:46.960] And that's all there is to that.
[01:55:46.960 --> 01:55:54.520] So my whole point behind all of this, if there's anything through my six and a half, nearly
[01:55:54.520 --> 01:56:02.360] seven years of fighting a national bank, either with or without representation, I have learned
[01:56:02.360 --> 01:56:04.480] this.
[01:56:04.480 --> 01:56:14.880] Pay attention, buy transcripts, study the law and fight the best fight you possibly can.
[01:56:14.880 --> 01:56:20.360] But keep it realistic.
[01:56:20.360 --> 01:56:22.160] Make realistic goals.
[01:56:22.160 --> 01:56:28.040] And for God's sake, don't miss a hearing.
[01:56:28.040 --> 01:56:32.980] And there's one thing that you're yet to learn.
[01:56:32.980 --> 01:56:36.880] There's a lot of things that I've yet to learn.
[01:56:36.880 --> 01:56:44.960] One thing major is when you're going after them instead of them coming after you, it's
[01:56:44.960 --> 01:56:47.120] a whole other animal.
[01:56:47.120 --> 01:56:48.120] Absolutely.
[01:56:48.120 --> 01:56:49.120] Yes.
[01:56:49.120 --> 01:56:50.120] Absolutely.
[01:56:50.120 --> 01:56:58.040] But that's when you stop getting stress and start to become a carrier.
[01:56:58.040 --> 01:57:02.160] Yes, absolutely.
[01:57:02.160 --> 01:57:07.200] Our better position to be in is that of plaintiff rather than defendant.
[01:57:07.200 --> 01:57:13.600] If you've ever watched a boxing match, you'll know what I mean.
[01:57:13.600 --> 01:57:16.480] Somebody defending has never won a fight.
[01:57:16.480 --> 01:57:20.920] It's only the aggressor.
[01:57:20.920 --> 01:57:21.960] You've got to be aggressive.
[01:57:21.960 --> 01:57:23.800] You got to stay on point.
[01:57:23.800 --> 01:57:27.560] You got to know your case.
[01:57:27.560 --> 01:57:29.640] You got to be willing to fight it.
[01:57:29.640 --> 01:57:35.200] But again, keep it in perspective.
[01:57:35.200 --> 01:57:38.580] And again, don't miss a hearing.
[01:57:38.580 --> 01:57:42.600] Even if you think it's been dismissed, show up.
[01:57:42.600 --> 01:57:47.580] Even if you got to take time off work and farm out the kids, whatever you got to do,
[01:57:47.580 --> 01:57:51.080] you show up at that hearing.
[01:57:51.080 --> 01:57:54.120] Watch out for these sneaky tricks that these guys pull.
[01:57:54.120 --> 01:58:00.080] They got a lot of them up their sleeve, and they come out of nowhere.
[01:58:00.080 --> 01:58:03.920] Randy?
[01:58:03.920 --> 01:58:07.760] And that is the gospel according to Steve.
[01:58:07.760 --> 01:58:11.960] That is the gospel according to Steve, from my experience anyway.
[01:58:11.960 --> 01:58:19.520] He's about to turn the corner now that once he's not under the stress of being evicted,
[01:58:19.520 --> 01:58:21.360] now it gets to the fun side.
[01:58:21.360 --> 01:58:22.360] Yes.
[01:58:22.360 --> 01:58:24.360] There's nothing to lose now.
[01:58:24.360 --> 01:58:29.240] Well, maybe a filing fee, but so.
[01:58:29.240 --> 01:58:32.200] For entertainment purposes, that's cheap.
[01:58:32.200 --> 01:58:33.200] Yeah.
[01:58:33.200 --> 01:58:37.160] Cable bill used to be higher than that before we canceled it.
[01:58:37.160 --> 01:58:38.160] Okay.
[01:58:38.160 --> 01:58:39.160] Phone lines are open.
[01:58:39.160 --> 01:58:40.160] 512-646-1984.
[01:58:40.160 --> 01:58:44.920] Give us a call if you have a question or comment.
[01:58:44.920 --> 01:58:50.400] We'll be right back.
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