ROL_2015-07-24_16k_Hr3-4.timecode

[00:00.000 --> 00:05.800]  The following use flash is brought to you by the Lone Star Lowdown. Providing your
[00:05.800 --> 00:12.480]  deli bulletins for the commodities market. Today in history, news updates and
[00:12.480 --> 00:22.520]  the inside scoop into the tides of the alternative. Markets for the 23rd of July
[00:22.520 --> 00:29.920]  2015 opened up with the gold at $1,090.44 an ounce, silver $14.68 an ounce,
[00:29.920 --> 00:37.080]  Texas crude $49.19 a barrel and Bitcoin is currently sitting at about 277 US
[00:37.080 --> 00:49.360]  currency. Today in history, Tuesday July 23rd 1929, Mussolini's fascist regime in
[00:49.360 --> 00:53.160]  Italy wanted to promote unity and a strong national identity so they
[00:53.160 --> 00:57.040]  required the use of Italian equivalents for popular French and English phrases
[00:57.040 --> 01:01.120]  and words at the time. If one didn't exist, they made the foreign words as
[01:01.120 --> 01:09.120]  Italian as possible. In recent news, quite an eventful week with the
[01:09.120 --> 01:13.440]  controversial US-Iran nuclear treaty being agreed upon and signed, Benjamin
[01:13.440 --> 01:16.840]  Netanyahu, Prime Minister of Israel, said that he believes it to be a stunning
[01:16.840 --> 01:21.360]  historical mistake while several retired Israeli intelligence coordinators
[01:21.360 --> 01:26.000]  stated it to be the best option thus far. The UN Security Council authorized it
[01:26.000 --> 01:30.160]  and North Korea recently stated that it has no intention of having any sort of
[01:30.160 --> 01:33.560]  treaty with the United States. The US and Israel admittedly currently have
[01:33.560 --> 01:37.920]  thousands of nuclear weapons in their arsenals while Iran has admittedly zero.
[01:37.920 --> 01:48.360]  A shooting took place last week on Thursday the 16th where multiple marine
[01:48.360 --> 01:52.200]  recruiting stations were targeted in Chattanooga, Tennessee. Unfortunately four
[01:52.200 --> 01:56.560]  Marines were killed and three including a cop and recruiter were injured. Governor
[01:56.560 --> 02:00.520]  Greg Abbott has since ordered the National Guard to carry on Texas
[02:00.520 --> 02:04.840]  military bases and Obama after much criticism ordered flags to be flown at
[02:04.840 --> 02:09.120]  half-mask. Gun-toting Americans have been standing watch over several stations
[02:09.120 --> 02:13.000]  since then. Unfortunately one accidentally shot off a round. Luckily no
[02:13.000 --> 02:17.480]  one was hurt. This has sparked debate whether army recruiting stations and
[02:17.480 --> 02:26.800]  recruiters should be armed. Yet another undercover video released by the Center
[02:26.800 --> 02:30.600]  of Medical Progress Project shows Dr. Mary Gatter former president of the
[02:30.600 --> 02:35.200]  Planned Parenthood Medical Directors Council until 2014 discussing ways they
[02:35.200 --> 02:39.560]  could get whole specimens and haggling over the price of fetus tissue casually
[02:39.560 --> 02:43.040]  over a couple drinks. Mary Gatter even mentioned she wanted a
[02:43.040 --> 02:47.840]  laborghini. The Center for Medical Progress Project plans to release even
[02:47.840 --> 02:51.200]  more videos in the next couple weeks.
[02:51.200 --> 03:16.000]  This has been your Lowdown for July 23rd, 2015.
[03:16.000 --> 03:32.960]  Okay we are back. Randy Kelton with our radio here with Jim Magnuson and I'm gonna take Mark. Mark's been
[03:32.960 --> 03:37.840]  holding quite a long time and then we'll go back to the family law issue. We have a
[03:37.840 --> 03:42.000]  little more we want to talk about on that. Hello Mark what do you have for us
[03:42.000 --> 03:54.720]  today? Wait a minute hold on are you on a speaker phone? I was. Okay that's much
[03:54.720 --> 03:59.840]  better. It sounded like you had your head in the toilet so I went for speaker
[03:59.840 --> 04:05.120]  phones too. Sometimes I certainly feel that way with respect to my legal
[04:05.120 --> 04:13.720]  situations. No I'm off the speaker now. I'll tell you I just wanted to find out
[04:13.720 --> 04:17.120]  what you think of my strategic situation. Listening to what this gentleman is
[04:17.120 --> 04:23.320]  saying actually I find it's very reflective of my own situation as I find
[04:23.320 --> 04:28.800]  myself in a civil situation. I make decent money I'm able to pay my bills
[04:28.800 --> 04:34.120]  I'm able to pay for my home but I bought a home for family members to save it
[04:34.120 --> 04:39.200]  many years ago and we planned to sell it it didn't work out and I tried to do
[04:39.200 --> 04:44.440]  three workouts and went through a little bit of difficulty. You may be familiar
[04:44.440 --> 04:48.080]  with my case remember but more or less they filed a suit past statute of
[04:48.080 --> 04:53.240]  limitations and then I later discovered that I had a fraudulent assignment and
[04:53.240 --> 04:58.680]  other things involved. I went and I argued all that in front of the judge very well
[04:58.680 --> 05:03.000]  I'm sure but the judge didn't hear a thing I said and as you and many others
[05:03.000 --> 05:07.080]  have said at the level of the circuit court you're just preparing the record
[05:07.080 --> 05:11.120]  for appeal. Well when it came down I remember what he was just saying about
[05:11.120 --> 05:15.960]  the court reporters costs and all that. In order to appeal I would have probably
[05:15.960 --> 05:20.120]  had to have paid about 2,000 bucks in court reporter costs just to get the
[05:20.120 --> 05:26.440]  record and I didn't actually need it so it's kind of an interesting thing. I
[05:26.440 --> 05:31.080]  actually elected not to appeal that order and it was because I spoke to
[05:31.080 --> 05:36.560]  someone who had fought foreclosures for about 30 years here in Austin and
[05:36.560 --> 05:42.760]  anyway I do have a point I'll get to it but what he had said to me was if it was
[05:42.760 --> 05:47.360]  filed past statute of limitations you filed a plea to the jurisdiction I was
[05:47.360 --> 05:52.920]  advised to do that by you thank you very much and they don't have subject matter
[05:52.920 --> 05:56.840]  jurisdiction over the case because on the face value of the complaint it's it
[05:56.840 --> 06:02.160]  would be barred because it's past statute of limitations you need a writ of mandamus
[06:02.160 --> 06:09.040]  or mandamus so I wanted to ask you what your thoughts are on that I believe that
[06:09.040 --> 06:14.080]  to some degree what I read is that a writ of mandamus would not be issued in
[06:14.080 --> 06:18.360]  an instance where some dispute would be more appropriate before the appeals
[06:18.360 --> 06:23.200]  court and so I wanted to ask you if you have any ideas or thoughts on that
[06:23.200 --> 06:28.640]  relative to the fact that the case itself is on its face value barred
[06:28.640 --> 06:32.800]  because it's filed past statute of limitations but yet within the contents
[06:32.800 --> 06:36.920]  of the case there was some mention of payments that I had made as part of a
[06:36.920 --> 06:41.800]  workout these incidentally would not told statute of limitations in the
[06:41.800 --> 06:47.040]  state of Arkansas where the property is simply because there's real estate code
[06:47.040 --> 06:51.880]  that says a real estate statute that says that any payments made to a third
[06:51.880 --> 06:55.880]  party don't serve to toll the statute of limitations with respect to the rights
[06:55.880 --> 06:59.920]  of third parties in this case the debt buyer that bought it and then filed the
[06:59.920 --> 07:04.520]  suit under the fraudulent name of the plaintiff if you will and the trustee
[07:04.520 --> 07:12.600]  that doesn't actually do anything anyway in this situation I have another thing
[07:12.600 --> 07:16.100]  and this is what I wanted to ask you your thoughts on as well as the writ of
[07:16.100 --> 07:25.840]  mandamus but I have a situation where my case was essentially closed I won with
[07:25.840 --> 07:31.880]  an order of the judge closing the case without prejudice but it was an
[07:31.880 --> 07:38.120]  unopposed order because no one actually even responded to the to the motion that
[07:38.120 --> 07:41.800]  I had made to close the case because it was filed past statute of limitations but
[07:41.800 --> 07:46.320]  then within the 60-day timeline they made a motion to reopen in a motion to
[07:46.320 --> 07:50.800]  reopen they perjured themselves saying the first date of acceleration was
[07:50.800 --> 07:55.120]  actually some other day other than what's on their actual complaint and then
[07:55.120 --> 07:59.000]  they didn't include three exhibits they said they were going to include but most
[07:59.000 --> 08:03.520]  interesting okay let me let me let me enter look this can I just let me
[08:03.520 --> 08:07.800]  interrupt it we're getting into the minutiae of the details so let's let's
[08:07.800 --> 08:13.680]  address the first issue which is either they have jurisdiction or they don't
[08:13.680 --> 08:18.560]  right and the issue of jurisdiction with regards to the statute of limitations
[08:18.560 --> 08:23.280]  is if you've got code that says the statute of limitations has told the
[08:23.280 --> 08:33.400]  proper relief is mandamus okay good I love it I was thinking I was thinking if
[08:33.400 --> 08:37.480]  this is something that they would say had to have been put before the Appeals
[08:37.480 --> 08:42.120]  Court I'm screwed but then I was not consoled in the sense that it was
[08:42.120 --> 08:46.440]  reopened in violation of a rule that says they have to have a prima facie
[08:46.440 --> 08:49.720]  valid cause of action and they don't have that if they followed past
[08:49.720 --> 08:53.320]  statute of limitations do they right well you've got you've got a couple
[08:53.320 --> 08:57.480]  issues here and the problem is is that the details of which we're not going to
[08:57.480 --> 09:01.520]  be able to evaluate on the air under these circumstances we'd have to look
[09:01.520 --> 09:07.200]  at the detailed paperwork but the the primary issue here is if the court can't
[09:07.200 --> 09:11.640]  get past the statute of limitation and you can make that argument that as a
[09:11.640 --> 09:19.640]  matter of law they had no the court has no jurisdiction at all that makes this
[09:19.640 --> 09:24.840]  a void order and it could be a fat boy to order to be on jurisdictional issue
[09:24.840 --> 09:30.600]  could be attacked at any place at any time and the tolling of time being after
[09:30.600 --> 09:36.600]  they made some ruling against you that doesn't cure a defect in jurisdiction
[09:36.600 --> 09:40.200]  you know it's like it's like being pregnant you're either pregnant or
[09:40.200 --> 09:42.800]  you're not pregnant if you're not pregnant you're not going to give birth
[09:42.800 --> 09:48.160]  just because we allow time to go by doesn't mean you'll suddenly give birth
[09:48.160 --> 09:52.720]  so the issue is the time doesn't cure the fact that the court never had
[09:52.720 --> 09:59.920]  jurisdiction well in my instance that would have been probably the main
[09:59.920 --> 10:05.080]  the main argument I would have had if I had if I had actually gone ahead to file
[10:05.080 --> 10:09.280]  the appeal and I weighed all that out and thought you don't have to do an
[10:09.280 --> 10:15.520]  appeal on that right exactly so the beauty the beauty of my situation if
[10:15.520 --> 10:20.840]  there is such is only that you know rid of mandamus cost me 165 bucks to file
[10:20.840 --> 10:25.560]  I'm going to look and see if I might actually file an affidavit of indigency
[10:25.560 --> 10:29.080]  and if they buy that and they're into that and I don't make too much money why
[10:29.080 --> 10:36.160]  not but so so there's that I thought also if and then I love what you're
[10:36.160 --> 10:39.400]  saying I hope that's universal and I hope it's true in that state as well as
[10:39.400 --> 10:44.760]  Texas the the Texas advice I've gotten was great finding someone in Arkansas
[10:44.760 --> 10:47.680]  that knows anything at all about fighting foreclosures where they
[10:47.680 --> 10:51.520]  primarily just sold houses at the courthouse steps for many many years
[10:51.520 --> 10:58.000]  virtually impossible and in fact I had to explain to some guy earlier today as
[10:58.000 --> 11:02.000]  I'm trying to find somebody who might be able to help me in some way but I had to
[11:02.000 --> 11:06.440]  explain to him that the Southwest homes be MERS case actually says MERS acts as
[11:06.440 --> 11:09.800]  an agent and they can't make assignments on their own and the guy
[11:09.800 --> 11:14.920]  didn't even know that but it's a it's a big deal anyway I'm sorry I'm just going
[11:14.920 --> 11:19.080]  off but you've kind of confirmed that doing the rid of mandamus makes all the
[11:19.080 --> 11:24.640]  sense in the world and I probably need to do it and I will do it myself if I
[11:24.640 --> 11:30.520]  can't find anybody who knows how and that's not all that easy the other idea
[11:30.520 --> 11:35.920]  that I had I want to ask you guys about this strategically in my case I've missed
[11:35.920 --> 11:41.320]  my opportunity to appeal this order that was just made and signed on June 22nd
[11:41.320 --> 11:48.520]  but I have not missed my opportunity to make a motion to reopen the case for for
[11:48.520 --> 11:55.280]  what's the term injustice of some sort I don't know there's something
[11:55.280 --> 12:01.000]  exactly motion motion for new trial that I would have had to have done I think
[12:01.000 --> 12:06.640]  within ten days but I and I did depends on the court and the jurisdiction the
[12:06.640 --> 12:11.440]  issue is if there's some way to open up the case and give the key to it is once
[12:11.440 --> 12:17.080]  the decision is made and it's final and appealable the court usually has what
[12:17.080 --> 12:21.440]  they call plenary power they have a certain period of time in which they can
[12:21.440 --> 12:28.160]  vacate modify or grant a new trial right and you have to know through the rules
[12:28.160 --> 12:34.160]  of the statute how long that period is mark I think where you're going was
[12:34.160 --> 12:40.840]  bill of particulars I don't know even what you're talking about
[12:40.840 --> 12:48.360]  it's kind of like you asked for findings of fact and conclusions of law on on
[12:48.360 --> 12:54.160]  what facts and law did you make this decision oh that I didn't even know let
[12:54.160 --> 12:58.240]  me tell you gents I'm not the first time this is the first time I've ever done
[12:58.240 --> 13:03.480]  this you guys may be familiar the order that with with all of the findings of
[13:03.480 --> 13:09.480]  fact and law was actually written by the plaintiff's attorney and it always did
[13:09.480 --> 13:14.600]  had an up yeah okay that's common well I didn't know that it blew my mind I
[13:14.600 --> 13:19.080]  thought this is a judge he's not even doing his job and as far as the
[13:19.080 --> 13:25.000]  situation was concerned the judge sent this something by email gave me a week
[13:25.000 --> 13:31.080]  to put in my objections which I did I brought up that some of the the facts
[13:31.080 --> 13:36.520]  are are actually perjury and I had put that in my motion before etc
[13:36.520 --> 13:41.480]  plaintiff's a plaintiff's attorney just said everything here is correct and my
[13:41.480 --> 13:44.960]  client moves that we do this in the interest of justice immediately so you
[13:44.960 --> 13:50.440]  guys signed it on that day and now it's in but anyway what I wanted to ask you
[13:50.440 --> 13:54.880]  guys relative to the writ of mandamus which looks like my next next act I
[13:54.880 --> 13:58.320]  don't think I have any time limitation on it from what I've heard from the
[13:58.320 --> 14:05.720]  Arkansas Supreme Court clerk's office and interestingly I'm thinking here I've
[14:05.720 --> 14:10.160]  got 60 days to make a motion to reopen I'm wondering should I do the writ of
[14:10.160 --> 14:15.720]  mandamus now and get that in play or should I make the motion to reopen the
[14:15.720 --> 14:21.760]  case and if the judge refuses to do so is that well I don't know that affects
[14:21.760 --> 14:25.680]  my writ of mandamus one way or another but it gives me 30 days to make an
[14:25.680 --> 14:31.480]  appeal there and relative to the motion to reopen the case only that I don't
[14:31.480 --> 14:34.440]  have to spend money on the transcripts or any of that stuff but I don't really
[14:34.440 --> 14:41.360]  even need but does that make sense? I would suggest mandamus first because
[14:41.360 --> 14:48.200]  that will be dispositive. I understand that but the key here is fight the apple
[14:48.200 --> 14:52.800]  the issue is if he goes back to the court and writes basically what is writ
[14:52.800 --> 14:57.280]  of mandamus is going to be and files a motion to reopen and then makes the
[14:57.280 --> 15:02.120]  arguments on the motion to reopen that essentially the order he assigned is
[15:02.120 --> 15:07.000]  void as a matter of law because he has no jurisdiction the judge may decide if
[15:07.000 --> 15:10.720]  you give them all a case law that supports that decision you have to give
[15:10.720 --> 15:14.400]  them case law because that's what you're going to need in the mandamus you just
[15:14.400 --> 15:18.040]  can't make the argument here's the statute here's what they did you have to
[15:18.040 --> 15:22.560]  show case law that says here's the same situation that happened before and here's
[15:22.560 --> 15:26.480]  what the court did it said that indeed they didn't have jurisdiction so if you
[15:26.480 --> 15:30.920]  put all of the case law in there and make the motion to reopen and then it's
[15:30.920 --> 15:36.600]  laterally attack the order is being void and ask the judge to grant relief by
[15:36.600 --> 15:43.880]  them not by dismissing the case with prejudice then if they don't you get the
[15:43.880 --> 15:50.720]  you get to do the mandamus anyway got it okay so you're saying I need to put all
[15:50.720 --> 15:56.400]  everything I've got all of my arguments clarify everything put in more case law
[15:56.400 --> 16:03.120]  if I can and and and put it there all in this motion to reopen and go I broke
[16:03.120 --> 16:14.000]  and then if I didn't do it yeah okay did you read the case law the lawyers on
[16:14.000 --> 16:23.000]  the other side cited yes and you know what it's all a bunch of weak stuff to
[16:23.000 --> 16:25.640]  some degree a lot of it's probably what they get whatever they got out of pro
[16:25.640 --> 16:30.880]  docs or or whatever but they didn't they didn't really do enough to earn the
[16:30.880 --> 16:34.480]  ten thousand dollars in legal fees that they were awarded that's not the point
[16:34.480 --> 16:40.000]  that's the point is is whether or not they hold on hold on that didn't fly
[16:40.000 --> 16:45.240]  sure okay this is Randy Kelton rule of law radio I call it number five one two
[16:45.240 --> 16:51.400]  six four six 1984 Mary Philip Jeff Jeff I'll bring you up when we come back
[16:51.400 --> 17:03.400]  we'll be right back through advances in technology our lives have greatly
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[19:11.880 --> 19:16.920]  well don't let nothing get to you only the father can do it for you
[19:16.920 --> 19:23.200]  don't let bad mind people hurt you until they can get behind you
[19:23.200 --> 19:29.200]  you know what I mean? My friend, Nala Jachilze, come to me.
[19:29.200 --> 19:39.920]  Okay we are back Randy Kelton rule of law radio and we have Jeff Sedgwick
[19:39.920 --> 19:45.040]  call back in I'm sure he has a comment so I'm gonna go ahead and bring him live
[19:45.040 --> 19:50.360]  if he's not talking to my producer I just told my producer to bring him up on the
[19:50.360 --> 19:56.000]  guest bridge and so I may be interrupting him you there Jeff? Yes I am
[19:56.000 --> 20:01.080]  yeah tell him I was gonna have the call back in on the guest bridge I didn't see
[20:01.080 --> 20:09.760]  you up there my bad. I was too busy licking my wounds after Ken found me wrong again
[20:09.760 --> 20:16.040]  he was absolutely right about divided the apple thing but I take it you had a
[20:16.040 --> 20:22.360]  comment on this issue yeah is this is this instrument he's talking about is
[20:22.360 --> 20:27.080]  this a mortgage or a deed of trust? Yes it's in Arkansas it's a deed of trust
[20:27.080 --> 20:35.880]  it's a deed of trust. Okay here's the thing a lot of people don't know and you really
[20:35.880 --> 20:44.640]  need to go and research it out. Is that contract under seat? No. Wait a minute you're getting some
[20:44.640 --> 20:50.400]  background noise. Yeah I think I think there was someone from Massachusetts on
[20:50.400 --> 20:54.520]  the show a few months back he was asking for signature under seal if that's
[20:54.520 --> 20:59.280]  what we're talking about no it's not. Well it's actually the entire
[20:59.280 --> 21:05.560]  contract is under seal not just a signature because what a lot of people
[21:05.560 --> 21:11.160]  don't know is that there is a protracted statute of limitations for contracts
[21:11.160 --> 21:20.000]  under sale. Here in Maryland it's 12 years however a year ago this month they
[21:20.000 --> 21:25.160]  took that and changed it so that it does not apply to a deed of trust or a
[21:25.160 --> 21:34.680]  mortgage on an abode you were actually living in then it's only three years okay
[21:34.680 --> 21:39.080]  so you know I didn't know if you knew were aware of that or not and it might
[21:39.080 --> 21:43.520]  be something that you needed to take a look at and since you already have then
[21:43.520 --> 21:48.120]  I can go ahead and fold up my tent and go away. Oh well thanks I mean none the
[21:48.120 --> 21:54.400]  less I mean it's awesome. Okay this is Ken chiming in for a point of clarification
[21:54.400 --> 21:58.640]  the issue though is if the other party if he did a plea to the jurisdiction the
[21:58.640 --> 22:06.320]  other party would have had to plead that. They saw it and this is what I did I
[22:06.320 --> 22:09.880]  didn't have time to file it with the court before the hearing took place but
[22:09.880 --> 22:13.760]  I gave it to the judge prior to the hearing and per a little coaching that I
[22:13.760 --> 22:16.960]  got from Randy you guys might have missed that show but he actually said
[22:16.960 --> 22:20.200]  you know to say your honor I have good reason to believe that this court lacks
[22:20.200 --> 22:24.040]  subject matter jurisdiction and I've prepared this document for the court so
[22:24.040 --> 22:28.720]  I did and he looked at it and he really didn't know what the hell it was he
[22:28.720 --> 22:35.840]  really was kind of kind of dumbfounded by it I handed it to okay okay I'm sorry
[22:35.840 --> 22:39.400]  to interrupt but you know telling the story real-time is going to take
[22:39.400 --> 22:44.800]  enormous amounts of time but the issue here is if the other party was pleading
[22:44.800 --> 22:49.760]  jurisdiction they have to affirmatively plead the court has jurisdiction if
[22:49.760 --> 22:53.840]  you've challenged it if they didn't mention that it was under seal and that
[22:53.840 --> 23:00.440]  the statute applied that lengthen that jurisdiction they waived the issue.
[23:00.440 --> 23:08.600]  As far as things go all they did relative to my my argument that there were no
[23:08.600 --> 23:12.720]  payments made it was very clear in black and white no payments made which would
[23:12.720 --> 23:15.880]  have told the statute of limitations for the third party that's the plaintiff
[23:15.880 --> 23:20.640]  here they didn't even address it they just said that I had said that I had
[23:20.640 --> 23:27.480]  made payments and they asked to have deemed admissions accepted by the court
[23:27.480 --> 23:32.360]  and they then they asked the court to rule on a motion that was made before I
[23:32.360 --> 23:37.000]  ever made my original motion to dismiss which the judge actually signed there
[23:37.000 --> 23:41.120]  was never a hearing on that I don't know if it was dispositive of any motions
[23:41.120 --> 23:45.360]  that came prior or how that worked didn't didn't see it coming a little
[23:45.360 --> 23:50.840]  bit okay this can again we're not answering the question so their
[23:50.840 --> 23:57.840]  pleadings had to if what Jeff was talking about is a special exception to
[23:57.840 --> 24:02.840]  the jurisdictional limits they would have to have positively fled it so the
[24:02.840 --> 24:06.960]  idea is if you have a pleaded the jurisdiction and you raise that this
[24:06.960 --> 24:11.200]  court doesn't have jurisdiction and you cite law that says here's the rules that
[24:11.200 --> 24:15.760]  apply because I didn't make any payments here's the record and you do it as a
[24:15.760 --> 24:19.960]  verified pleading that means you sign it as an affidavit the only way they can
[24:19.960 --> 24:26.120]  overcome that is they have to file a controverting affidavit and plead an
[24:26.120 --> 24:32.000]  exception to that jurisdictional rule if they don't plead the jurisdictional
[24:32.000 --> 24:39.760]  rule that if the court jurisdiction they waive it they didn't they never did
[24:39.760 --> 24:44.840]  that the judge just decided he had jurisdiction and kept on moving
[24:44.840 --> 24:55.080]  what Ken is saying is the judge cannot declare he has jurisdiction that has to
[24:55.080 --> 25:04.360]  be proven on the record okay how do I how do I nail that is that properly
[25:04.360 --> 25:09.360]  done in a writ of mandamus possibly well you're talking about a writ of mandamus
[25:09.360 --> 25:18.120]  in place of a motion to vacate is that I don't know what's what's the best thing
[25:18.120 --> 25:22.360]  to do but if I haven't I haven't written up a motion to vacate if I should do
[25:22.360 --> 25:30.000]  that I certainly would I mean I'll look into it the motion to vacate that would
[25:30.000 --> 25:34.400]  is it the trial court back before the trial judge or they go before the
[25:34.400 --> 25:40.600]  trial judge trial judge and he's not gonna want to do it just getting them to
[25:40.600 --> 25:45.480]  vacate even when they know they're wrong getting them to vacate it's like trying
[25:45.480 --> 25:55.600]  to push a rope yes so I'm thinking mandamus is it's probably best you know
[25:55.600 --> 26:02.760]  to file the motion for reconsideration because market Ken and I spoke on the
[26:02.760 --> 26:09.880]  break about they just may give you the case it won't be the first time the
[26:09.880 --> 26:15.720]  plaintiff has given the defendant the case so getting them to argue the
[26:15.720 --> 26:19.600]  reconsideration issue that's why I ask you if you've read all their pleadings
[26:19.600 --> 26:24.040]  I read their case law because you want to take their case law and show the
[26:24.040 --> 26:30.920]  weaknesses in it a lot of times we've had lawyers use case law that the other
[26:30.920 --> 26:36.440]  side can then take and use against them Ben Drum is a perfect case the case
[26:36.440 --> 26:42.000]  said this is what we used to say but we don't say that anymore now we say this
[26:42.000 --> 26:48.280]  well they quoted what they used to say Ben read the case and went into court
[26:48.280 --> 26:54.480]  beat him up with it then we've had that happen a lot that's why we always want
[26:54.480 --> 26:59.760]  you to read their case law and you show where their case law is not really on
[26:59.760 --> 27:03.720]  point or not a clickable or a spin-over move or something
[27:03.720 --> 27:12.040]  okay well the issue here is whatever he's going to do in the trial court the
[27:12.040 --> 27:16.160]  key is this motion to reconsider a motion to reopen is apparently a
[27:16.160 --> 27:20.520]  specific rule in Arkansas and the question is whether that opens up the
[27:20.520 --> 27:26.200]  case entirely again and gives the court plenary power if I mean technically the
[27:26.200 --> 27:29.880]  court doesn't have any plenary power anyway so going back to the trial court and
[27:29.880 --> 27:33.640]  we're talking about basically a motion to vacate no matter what we're
[27:33.640 --> 27:37.640]  characterizing that you had no jurisdiction you exceeded your authority
[27:37.640 --> 27:43.000]  and essentially you had no authority to make this ruling and here's why and the
[27:43.000 --> 27:47.640]  the party has failed to plead the jurisdiction affirmatively showing that
[27:47.640 --> 27:52.280]  the court has jurisdiction it's made allegations but it has no proof of those
[27:52.280 --> 27:57.040]  allegations and failing to prove those allegations and there should be case law
[27:57.040 --> 28:01.440]  out there that talks about that that says right failing to prove the
[28:01.440 --> 28:06.640]  allegations is not a proof of jurisdiction only evidence of the
[28:06.640 --> 28:11.320]  necessity for the court to gain jurisdiction will prevent it from being
[28:11.320 --> 28:19.240]  dismissed without jurisdiction in the case law clearly states that when you
[28:19.240 --> 28:24.880]  when a pleading is filed jurisdiction is presumed once you challenge
[28:24.880 --> 28:33.920]  jurisdiction the court loses jurisdiction until it is proven so in
[28:33.920 --> 28:40.760]  this case the written pleaded the jurisdiction even though you didn't have
[28:40.760 --> 28:46.680]  time to file it did you subsequently file it oh yes I filed it that day I went
[28:46.680 --> 28:52.920]  and filed it right after the hearing did you put it in the hand of
[28:52.920 --> 28:56.880]  the judge I put it in the judge's hand I put it in the plaintiff's attorney's
[28:56.880 --> 29:02.600]  hand do we have jurisdiction and the plaintiff's attorney said well yes of
[29:02.600 --> 29:05.400]  course the court has jurisdiction over this that was all they did that was
[29:05.400 --> 29:09.640]  that's as affirmative as they got okay they didn't do it they didn't meet the
[29:09.640 --> 29:16.640]  requirements you made the mandamus maybe an elegant but I can't agree with Ken I
[29:16.640 --> 29:22.840]  would do the motion to read here first give me one more opportunity to prove
[29:22.840 --> 29:30.960]  up jurisdiction just don't ask them to they've already missed that point don't
[29:30.960 --> 29:36.880]  let that cat out of the bag okay hang on we're about to go to break
[29:36.880 --> 29:41.880]  Randy Kelton and move our radio our calling number five one two six four six
[29:41.880 --> 29:44.720]  nineteen eighty-four we'll be taking the calls all night
[29:44.720 --> 29:50.680]  Mary Philip see you there we'll get to you
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[33:35.840 --> 33:50.240]  okay we are back ready to help rule of law radio and talking to Mark in Texas
[33:50.240 --> 33:59.280]  and we had a panel discussion on the break and did we come to a decision Kim?
[33:59.280 --> 34:04.520]  well I think the key is that he wants to try to make sure he gets the judges
[34:04.520 --> 34:09.840]  attention is to go ahead and file the motion to reopen the case and then file
[34:09.840 --> 34:14.120]  a motion to vacate the order based on the fact that it's void and argue the
[34:14.120 --> 34:18.440]  jurisdictional issue there but he needs to have case law the only reason they
[34:18.440 --> 34:22.120]  haven't paid any attention to him so far is I don't believe he's cited case law
[34:22.120 --> 34:26.080]  and when I'm talking about citing case law I mean you turn around and print
[34:26.080 --> 34:30.400]  out the whole stinking case and then you highlight the important sections of the
[34:30.400 --> 34:35.640]  case and you you you show them in no uncertain terms that the case you're
[34:35.640 --> 34:41.640]  citing is the exact same thing as this situation and the court said they had no
[34:41.640 --> 34:49.560]  jurisdiction I hope I can find it I looked very hard I found things that kind
[34:49.560 --> 34:52.400]  of got me there I did cite some cases but I think I probably could have done a
[34:52.400 --> 34:57.280]  better job because I put it together quick so the the goal is to ask for a
[34:57.280 --> 35:02.920]  motion to reopen we a motion to vacate the order for lack of affirmative proof
[35:02.920 --> 35:08.280]  of subject matter jurisdiction the motion to read a motion to to reopen the
[35:08.280 --> 35:17.280]  case and first and then you file the motion vacating your yeah okay so
[35:17.280 --> 35:21.000]  forgive me I want to be sure I get that I need to make a motion to reopen the
[35:21.000 --> 35:29.680]  case first and yeah and the most of yeah first and then a motion to vacate so we
[35:29.680 --> 35:35.800]  don't make them together that's what I'm wondering what not one motion to make
[35:35.800 --> 35:41.120]  make two separate motions but you can file it together okay you're showing why
[35:41.120 --> 35:47.240]  you wanted to reopen the case yeah okay on that I would just say it was because
[35:47.240 --> 35:51.000]  it was disposed of with with summary judgment when there were issues of
[35:51.000 --> 35:56.600]  material fact that were left very open namely that's the the plaintiff hell no
[35:56.600 --> 36:04.360]  stop stop that's now that you challenge subject matter jurisdiction plaintiff
[36:04.360 --> 36:12.240]  failed to affirmatively plea jurisdiction okay once you once you
[36:12.240 --> 36:17.080]  challenged it that invoked a duty the other side to affirmatively plead it
[36:17.080 --> 36:25.400]  and they didn't okay case law yeah the case law that you found did you print
[36:25.400 --> 36:30.360]  out the entire case or you just finding excerpts from the case you need to
[36:30.360 --> 36:35.720]  print out the whole case read the whole case this is one area where pro se
[36:35.720 --> 36:39.400]  litigants get trouble all the time is they get an excerpt and it sounds good
[36:39.400 --> 36:43.960]  and they cite it and it may not be on point so you've got to print out the
[36:43.960 --> 36:50.760]  whole case and read the whole case and go yeah this is exactly what I need and
[36:50.760 --> 36:54.520]  then you use it or the section that I mean part of the case it doesn't have
[36:54.520 --> 36:57.760]  anything to do with your case but the section that's important about the
[36:57.760 --> 37:02.800]  jurisdiction if it's on point that's the section you cite but you need to know
[37:02.800 --> 37:08.760]  the entire case or you may not you may not recognize that there may be an
[37:08.760 --> 37:13.000]  exception to the rule or special circumstances that was in the case you're
[37:13.000 --> 37:18.360]  citing I've already shot down lots of them from reading them trust me I've
[37:18.360 --> 37:23.560]  read a lot okay but but yeah I know I see just what you're saying but one
[37:23.560 --> 37:28.160]  thing that I'm unclear of is exactly here is I know why I'd want them to
[37:28.160 --> 37:32.800]  vacate the order because it's avoid judgment but I need to write am I making
[37:32.800 --> 37:38.360]  a motion to a motion to reopen and the motion to vacate but the motion to
[37:38.360 --> 37:46.080]  reopen okay the month to reopen is just a a pretext to keep the jurisdiction of
[37:46.080 --> 37:50.680]  the court so the court feels it has the ability to vacate its order if you
[37:50.680 --> 37:57.160]  don't do that the plenary power the courts going to expire so you and this
[37:57.160 --> 38:00.840]  is without knowing Arkansas rules of procedure but that's what usually
[38:00.840 --> 38:06.240]  happens is the issue is there's a period of time once a summary judgment or a
[38:06.240 --> 38:10.880]  final order is granted in which a party can file a motion for new trial of
[38:10.880 --> 38:17.480]  motion and modify the final order or correct it a motion for rehearing or
[38:17.480 --> 38:22.320]  findings of fact conclusions of law there's this whole time structure after
[38:22.320 --> 38:28.200]  the judgment and during that some of these motions extend the timetable
[38:28.200 --> 38:33.400]  they'll also have a tendency to extend the appellate timetable meaning the time
[38:33.400 --> 38:38.520]  needed to perfect an appeal that can also happen when you file these kinds of
[38:38.520 --> 38:43.920]  motions like a motion for new trial but the issue here is that if this motion
[38:43.920 --> 38:49.200]  to reopen opens the door for jurisdiction to remain in the court that
[38:49.200 --> 38:54.960]  too will give the court plenary power and the court will then have the have the
[38:54.960 --> 38:59.560]  responsibility to entertain any motions before the court long the court has
[38:59.560 --> 39:04.480]  plenary power then you turn around and drop the motion to vacate based on the
[39:04.480 --> 39:08.360]  fact the court never had jurisdiction and then you make all the jurisdictional
[39:08.360 --> 39:15.600]  arguments affirmatively verified and that will stand and then when you find
[39:15.600 --> 39:20.720]  science a new order or denies your order that's a new final order that opens the
[39:20.720 --> 39:28.280]  door to appeal again in case this is confusing a court without jurisdiction
[39:28.280 --> 39:34.960]  can do certain things they can grant a continuance and they can dismiss the
[39:34.960 --> 39:41.200]  case but can't do much else they can do certain administrative things and they
[39:41.200 --> 39:44.480]  can dismiss the case and that's even though you're claiming he has no
[39:44.480 --> 39:51.320]  jurisdiction he does have jurisdiction to dismiss that makes sense mark yeah
[39:51.320 --> 39:59.120]  well I get that but in just in terms of crafting motion to reopen I'm wondering
[39:59.120 --> 40:03.640]  do I need I need to make a motion to reopen citing some miscarriage of
[40:03.640 --> 40:10.680]  justice under the rules there of civil procedure and I suppose the
[40:10.680 --> 40:14.760]  miscarriage of justice is definitely the fact that the court didn't have subject
[40:14.760 --> 40:22.120]  matter jurisdiction that the court that the plaintiff failed to affirmatively
[40:22.120 --> 40:29.720]  plead jurisdiction once you challenged it and the court didn't rule against the
[40:29.720 --> 40:33.420]  plaintiff when he failed to affirmatively plead I need to tell the
[40:33.420 --> 40:38.580]  judge why he should open the case give him a reason to you don't just say I
[40:38.580 --> 40:48.000]  want you to open it you say okay so you give him give him a good reason and he
[40:48.000 --> 40:53.160]  may recognize this and once you let him know that you know it and you're going
[40:53.160 --> 40:57.680]  to wind up pleading this with the Court of Appeals the Court of Appeals is not
[40:57.680 --> 41:05.520]  likely to want to overturn a couple hundred years of standing law okay so so
[41:05.520 --> 41:10.520]  literally to be sure I'm crystal I'm making a motion to reopen the case on
[41:10.520 --> 41:16.440]  the grounds that the court didn't make a ruling on the point on the pass failure
[41:16.440 --> 41:23.080]  to affirmatively fair to affirmatively prove jurisdiction when I challenge
[41:23.080 --> 41:31.520]  jurisdiction right that's simple right well no I mean that's your basic premise
[41:31.520 --> 41:36.120]  but you have to have all the case law to support it sure let's all the pleading
[41:36.120 --> 41:44.840]  you already filed okay well recognize recognize that if this rule in Arkansas
[41:44.840 --> 41:50.080]  civil procedures opens the door to a new order whether it be granted or denies
[41:50.080 --> 41:54.880]  it that changes the appellate time table again and it would be better to go to
[41:54.880 --> 42:00.440]  the appellate court and argue on an appeal that they had no jurisdiction as
[42:00.440 --> 42:06.680]  opposed to a mandamus because some courts have discretion on whether or not
[42:06.680 --> 42:12.320]  they want to hear a mandamus in Texas mandamus is your last resort and there's
[42:12.320 --> 42:16.840]  a lot of court actually with pro-state litigants they won't even entertain them
[42:16.840 --> 42:23.680]  sure yeah you get the same thing there I'm sure I just figured the mandamus
[42:23.680 --> 42:29.080]  would be a whole lot cheaper than the appeal and and I can hardly afford that
[42:29.080 --> 42:37.800]  well I've got a guy that I'm talking if your only argument is that they the
[42:37.800 --> 42:41.200]  court lacked subject matter jurisdiction you don't have to buy the whole
[42:41.200 --> 42:48.640]  transcript all right you buy the portion where you challenge subject matter
[42:48.640 --> 42:53.240]  jurisdiction the other side and said oh we have it and the court ruled that it
[42:53.240 --> 43:01.400]  had jurisdiction that's all you need okay am I right Ken actually actually
[43:01.400 --> 43:07.880]  doesn't even need that and the failure to prove jurisdiction is in the record
[43:07.880 --> 43:12.720]  written record for the court submission of motion and the failure for them to
[43:12.720 --> 43:16.840]  affirmatively plead on the record we don't care what the judge said in open
[43:16.840 --> 43:23.120]  court doesn't matter he in Texas when I when I tried to appeal they would not
[43:23.120 --> 43:29.800]  accept an appeal without the transcript that may be the case in Arkansas that's
[43:29.800 --> 43:35.760]  that's in the rules no no no a plea of jurisdictional issue can be done on the
[43:35.760 --> 43:42.480]  record without the transcript right okay wonderful okay hang on got to go to
[43:42.480 --> 43:48.240]  break Mary Philip hang on we'll get to you Randy Kelton wheels our radio a
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[46:24.200 --> 46:31.320]  always I must be careful what I'm okay we are back Randy Keltner is our radio
[46:31.320 --> 46:37.400]  here with King Magnuson and mr. Jeff Sedgwick and we're talking to mark in
[46:37.400 --> 46:50.160]  Texas so markers looking like motion to rehear and a motion to vacate the order
[46:50.160 --> 46:57.280]  and motion to dismiss we've got that messed up with prejudice with prejudice
[46:57.280 --> 47:03.800]  I got that I think I think in my motion I'd basically attack it I would say that
[47:03.800 --> 47:10.800]  I moved you to reopen to reopen the case because standing standing was not was
[47:10.800 --> 47:13.560]  not firmly established and that needs to be addressed further
[47:13.560 --> 47:21.240]  now you've met jurisdiction not standing yeah oh well I'm just saying I could put
[47:21.240 --> 47:25.800]  that in there too I mean I don't know don't talk about standing but standing
[47:25.800 --> 47:32.400]  assumes jurisdiction that's muddying the water right okay there are two things
[47:32.400 --> 47:39.560]  for you caller first this program is recorded and you definitely need to pull
[47:39.560 --> 47:46.600]  down a copy of the recording okay the other is sometime in the last five to
[47:46.600 --> 47:50.600]  seven years there will have been a major case before the Arkansas Supreme Court
[47:50.600 --> 48:00.760]  wherein subject matter jurisdiction was ruled on you need to go find it I have
[48:00.760 --> 48:04.560]  read extensively there there are a lot of them that don't necessarily apply to my
[48:04.560 --> 48:13.440]  set of circumstances but I certainly would and then I suppose my the basis of
[48:13.440 --> 48:18.520]  my argument is that the the plaintiff failed to affirmatively prove subject
[48:18.520 --> 48:24.120]  matter jurisdiction so I'm moved that the court reopened the case is that it
[48:24.120 --> 48:32.000]  tell what you've improved the court had jurisdiction to hear this case so I'm
[48:32.000 --> 48:36.800]  moving that the court that the court required the plaintiff to prove that
[48:36.800 --> 48:42.520]  there's jurisdiction from today yeah you will argue that when you challenge
[48:42.520 --> 48:45.920]  subject matter jurisdiction subject matter jurisdiction is no longer
[48:45.920 --> 48:51.200]  presumed subject matter jurisdiction may not be presumed and that's in the case
[48:51.200 --> 48:57.040]  law I sent you on subject matter jurisdiction the plaintiff had a duty to
[48:57.040 --> 49:03.240]  affirmatively prove jurisdiction or plead jurisdiction and he failed to do
[49:03.240 --> 49:09.280]  so therefore he waived the argument the court cannot therefore express
[49:09.280 --> 49:18.520]  jurisdiction and take the case file that's in there and run the name of the
[49:18.520 --> 49:26.880]  case on Google and add Arkansas behind it and that should find you any case in
[49:26.880 --> 49:34.720]  Arkansas that's referenced the federal cases that I sent you okay okay that's
[49:34.720 --> 49:41.020]  that makes sense and that Arkansas but literally I'm going to say that the
[49:41.020 --> 49:45.560]  plaintiff had to affirmatively had to affirmatively plead jurisdiction when it
[49:45.560 --> 49:52.400]  was challenged and the court could not could not simply elect to continue not
[49:52.400 --> 50:00.320]  it case law says subject matter jurisdiction may not be presumed once
[50:00.320 --> 50:09.720]  challenged it must be proven point is doesn't matter if the court does have
[50:09.720 --> 50:16.160]  jurisdiction once it was challenged it lost that jurisdiction and couldn't get
[50:16.160 --> 50:26.120]  it back until it was proven until it was affirmatively flat got it good same
[50:26.120 --> 50:31.800]  thing and I will say it failed to affirmatively plead jurisdiction before
[50:31.800 --> 50:41.320]  this court got it I'd move for sanctions against the attorney no one issue at a
[50:41.320 --> 50:49.160]  time yeah I haven't put your claws back in deal with what's in front of you
[50:49.160 --> 50:59.800]  first okay yeah that's something Kim keeps telling me so especially if I want
[50:59.800 --> 51:04.160]  to negotiate with these people I don't want to piss them off too much but oh
[51:04.160 --> 51:12.280]  that don't matter that won't matter once you stuck it to him good he's not going
[51:12.280 --> 51:18.200]  with you to stick it to him again that's the ideal situation right right now
[51:18.200 --> 51:21.480]  they're not aware of that as much as I'd like them to be but we're going to get
[51:21.480 --> 51:25.800]  there I've got two weeks before I have to throw this down so I may be calling
[51:25.800 --> 51:30.080]  you again next week and I'll be a little sharper but truly I appreciate you guys
[51:30.080 --> 51:34.960]  giving me some great ideas and helping me figure out what to do so there we are
[51:34.960 --> 51:42.040]  don't forget to download the recording oh yeah I absolutely will one of the
[51:42.040 --> 51:46.600]  thing I wanted to ask real quick and I don't mean in disrespect to the other
[51:46.600 --> 51:50.120]  callers I don't take a long time and I want to ask you guys to do it but I'm
[51:50.120 --> 51:54.440]  sure I have some tea with some rest of us some other kinds of violations I'm
[51:54.440 --> 51:58.720]  past the one-year statute of limitations for FDCPA as far as I know past the time
[51:58.720 --> 52:03.640]  the suit was filed in 2013 I'm looking into phone records see if I've got some
[52:03.640 --> 52:13.080]  TCPA stuff but I'm is this possible issue where I might what's that totally
[52:13.080 --> 52:19.880]  separate issue okay Jeff Mark's been in the fight a long time this is what
[52:19.880 --> 52:23.760]  happens to people in the fight long time come across come up with all these
[52:23.760 --> 52:29.600]  gyms and you want to adjudicate these gyms get this case thrown out then sue
[52:29.600 --> 52:39.080]  these guys under FDCPA you you have one year for FDCPA two years for FCRA and
[52:39.080 --> 52:47.960]  four years for TCPA oh and what do you arrest deal with the issue that's in
[52:47.960 --> 52:54.520]  front of you now and leave the rest of it the heck alone yeah well that may be
[52:54.520 --> 53:00.560]  what I have to do at my distraction yes this has been a struggle for Mark the
[53:00.560 --> 53:06.960]  whole time you got these good issues you really want to fight them don't there
[53:06.960 --> 53:10.800]  there they're criminals who have no right to bring this suit I want to sue
[53:10.800 --> 53:17.240]  them if I can when you're done with this suit you go back after miss plaintiff
[53:17.240 --> 53:23.200]  if you want to but don't let that argument ruin your position here right
[53:23.200 --> 53:29.320]  yeah well I'll definitely focus on this and nothing else I have until August
[53:29.320 --> 53:34.960]  13th to file some suit for for fraud if there's a way to do that and don't do
[53:34.960 --> 53:50.320]  it not fraud what does he plead Jeff don't do it and misleading I'm lost you
[53:50.320 --> 53:54.200]  guys know more than I do what are we talking don't don't argue fraud we talked
[53:54.200 --> 53:58.600]  about that earlier in the show and this is something Jeff has been bringing a
[53:58.600 --> 54:04.160]  long time and he finally got it to click if you prove if you claim fraud it moves
[54:04.160 --> 54:10.840]  you from rule 8 to rule 9 well you have to show mens rea if you plead fault
[54:10.840 --> 54:19.280]  making false and misleading statements you don't have to prove mens rea exit in
[54:19.280 --> 54:27.320]  the court better so strike fraud from your vocabulary right got it it's like
[54:27.320 --> 54:31.480]  attorneys don't lie but they commit aggravated perjuring when they do their
[54:31.480 --> 54:38.240]  consequences so I will I will definitely dig on that a little bit too okay thank
[54:38.240 --> 54:41.440]  you very much mark and make sure you keep us updated
[54:41.440 --> 54:48.840]  patience good night okay good night now we're going to go to Mary in Texas hello
[54:48.840 --> 54:57.640]  miss Mary hey Randy sorry to hold you up so long no okay fine the collar was so
[54:57.640 --> 55:06.400]  smart okay you have a foreclosure it sounds like a foreclosure but it's not
[55:06.400 --> 55:10.120]  I'm going to just describe this real quickly with a quick narrative of five
[55:10.120 --> 55:15.040]  sentences my friend's ex-boyfriend for 25 years ago hired an attorney to get an
[55:15.040 --> 55:19.680]  old house from 1930s owned by my friend which she had occupied since their
[55:19.680 --> 55:27.640]  breakup 25 years ago this started three years ago she has five attorneys her
[55:27.640 --> 55:32.280]  last attorney was hired by my referral he accidentally or maliciously lifted
[55:32.280 --> 55:36.600]  the lives pendant a prior attorney had installed a judge around June 4th
[55:36.600 --> 55:42.120]  threatened her with arrest for breach of contract or fraud in contempt of court
[55:42.120 --> 55:46.600]  so she signed the court document under duress which allowed the other party to
[55:46.600 --> 55:54.400]  sell even though her ex had died six months earlier can we sue the new owner
[55:54.400 --> 55:58.160]  who bought this old house in an expensive urban area for theft or
[55:58.160 --> 56:02.800]  conspiracy or another cause to reinitiate a list and then and keep the
[56:02.800 --> 56:13.560]  house from demolition what is in the public record I don't know if you're
[56:13.560 --> 56:19.200]  going to take a shot at the buyer the only way you get a shot at the buyer or
[56:19.200 --> 56:25.960]  the not the only way but the primary way is by what the buyer has imputed
[56:25.960 --> 56:31.500]  knowledge of and the buyer has imputed knowledge of what's in the public
[56:31.500 --> 56:40.480]  record okay so that's the first place we have to go if you will go actually
[56:40.480 --> 56:48.440]  send me the address email it to me and I will go into Travis County and pull
[56:48.440 --> 56:54.760]  everything that's filed in the public record once we have that now we
[56:54.760 --> 57:03.640]  can find a place to start how long ago was the property sold the property was
[57:03.640 --> 57:11.040]  sold about a month ago maybe 20 days I think you still have time this is not a
[57:11.040 --> 57:16.520]  foreclosure this is a different type of taking it's not a foreclosure but
[57:16.520 --> 57:21.080]  there's still some forensics I think this is she's part of the small group
[57:21.080 --> 57:26.560]  that I'm forming to become a part of a malpractice co-op and I want to help her
[57:26.560 --> 57:33.360]  first because I think we can help keep her from full damages okay send me was
[57:33.360 --> 57:41.760]  this a court order sale I think so if I get this right the court order
[57:41.760 --> 57:45.040]  transferred the property to the ex-boyfriend and then the boyfriend
[57:45.040 --> 57:56.480]  sold it is that correct well he passed away before the sale this is this is
[57:56.480 --> 58:03.800]  complex okay we're about to go to the top of the hour break I don't know this
[58:03.800 --> 58:10.920]  is going to be too complex for this lady Michelle okay hang on we're back to
[58:10.920 --> 58:14.920]  little break we'll have to pick this up on the other side this is Randy Kelton
[58:14.920 --> 58:24.720]  radio a calling number 512-646-1984 it's the top of the hour break so good
[58:24.720 --> 58:32.360]  time to go to our sponsors at logosradionetwork.com and utilize our
[58:32.360 --> 58:37.320]  sponsors and help keep us on the air we'll be right back
[58:37.320 --> 58:54.600]  would you like to make more definite progress in your walk with God Bibles
[58:54.600 --> 58:59.600]  for America is offering a free study Bible and a set of free Christian books
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[59:07.920 --> 59:11.840]  it contains thousands of footnotes that will help you to know God and to know
[59:11.840 --> 59:17.040]  the meaning of life the free books are a three volume set called basic elements
[59:17.040 --> 59:21.280]  of the Christian life chapter by chapter basic elements of the Christian life
[59:21.280 --> 59:26.880]  clearly presents God's plan of salvation growing in Christ and how to build up
[59:26.880 --> 59:31.920]  the church to order your free New Testament recovery version and basic
[59:31.920 --> 59:40.480]  elements of the Christian life call Bibles for America toll-free at 888-551-0102
[59:40.480 --> 59:49.840]  that's 888-551-0102 or visit us online at bfa.org
[59:49.840 --> 01:00:00.320]  You're listening to the Logos Radio Network at logosradionetwork.com
[01:00:00.320 --> 01:00:07.120]  The following use flash is brought to you by the Lone Star Lowdown
[01:00:07.120 --> 01:00:12.480]  providing the jelly bulletins for the commodity market today in history
[01:00:12.480 --> 01:00:23.120]  news updates and the inside scoop into the tides of the alternative
[01:00:23.120 --> 01:00:29.680]  Markets for the 15th of July 2015 opened up with gold at $1,149.22 an ounce
[01:00:29.680 --> 01:00:34.720]  silver $15.12 an ounce Texas crude $53.04 a barrel
[01:00:34.720 --> 01:00:44.560]  and bitcoin is currently sitting at about 291 US currency
[01:00:44.560 --> 01:00:49.600]  today in history Sunday July 15 1099 Jerusalem is taken over by the Roman
[01:00:49.600 --> 01:00:52.320]  Catholic Church during the siege of Jerusalem which
[01:00:52.320 --> 01:00:55.360]  took place from June 7th until the 15th of July
[01:00:55.360 --> 01:00:58.880]  the climax of the first crusade the crusader seized the city
[01:00:58.880 --> 01:01:07.360]  from the Fatimid caliphate and lay the foundation for the kingdom of Jerusalem
[01:01:07.360 --> 01:01:11.200]  in recent news a video shot July of last year was released yesterday by the
[01:01:11.200 --> 01:01:13.680]  center of medical progress which shows Deborah
[01:01:13.680 --> 01:01:17.120]  Naktola Planned Parenthood senior director of medical research
[01:01:17.120 --> 01:01:21.440]  and two undercover cmp agents posing as employees of a biotech company
[01:01:21.440 --> 01:01:24.720]  they were having lunch and chatting about demands for organs from aboard
[01:01:24.720 --> 01:01:26.960]  fetuses members of the house plan to hold a
[01:01:26.960 --> 01:01:29.440]  press conference this afternoon and congressional hearings
[01:01:29.440 --> 01:01:32.960]  on the matter the house energy and commerce committee already announced an
[01:01:32.960 --> 01:01:36.160]  investigation it is illegal to sell fetus body parts
[01:01:36.160 --> 01:01:40.160]  obviously and cmp claims the video shot is proof Planned Parenthood is breaking
[01:01:40.160 --> 01:01:43.760]  the law by selling organs for possible profit
[01:01:43.760 --> 01:01:47.680]  but eric ferraro the organizer's vice president of communications
[01:01:47.680 --> 01:01:51.200]  said in a written statement that there is no financial benefit for tissue
[01:01:51.200 --> 01:01:54.560]  donation for either the patient or Planned Parenthood
[01:01:54.560 --> 01:01:58.480]  in some instances actual costs such as the cost of transport tissue
[01:01:58.480 --> 01:02:02.080]  to leading research centers are reimbursed which is standard across
[01:02:02.080 --> 01:02:07.520]  all medical fields critics say the leaked video suggests otherwise
[01:02:10.480 --> 01:02:13.520]  the state of texas during the last year refused to issue birth certificates to
[01:02:13.520 --> 01:02:17.200]  children who were born in the state to undocumented parents in may for when
[01:02:17.200 --> 01:02:20.640]  filed a civil rights lawsuit against the department of state health services for
[01:02:20.640 --> 01:02:23.440]  constitutional discrimination and interference and the federal
[01:02:23.440 --> 01:02:26.880]  government's power over immigration apparently the department of state health
[01:02:26.880 --> 01:02:29.600]  services told these women that they would no longer accept either the
[01:02:29.600 --> 01:02:33.440]  matriculate consular which is basically a photo id issued by the mexican
[01:02:33.440 --> 01:02:36.240]  consulate to mexican nationals living in the united states
[01:02:36.240 --> 01:02:39.600]  or foreign passports without current u.s visas
[01:02:39.600 --> 01:02:42.960]  immigrant right groups are calling this discrimination against hispanic families
[01:02:42.960 --> 01:02:46.160]  while citizen rights advocates are pointing out that this texas
[01:02:46.160 --> 01:02:50.960]  simply doing what the federal government has failed and refused to do
[01:02:50.960 --> 01:02:54.960]  uh this has been your lowdown for july 15th
[01:02:54.960 --> 01:03:22.960]  2013
[01:03:22.960 --> 01:03:26.960]  okay we are back
[01:03:27.440 --> 01:03:32.080]  and i'd like to look into trying to help this woman but
[01:03:32.080 --> 01:03:39.840]  i would need most likely if the boyfriend files some action
[01:03:39.840 --> 01:03:45.120]  to secure the property i would need to see what he filed
[01:03:45.120 --> 01:03:50.960]  and that and an address so i can look up the public record and then next week
[01:03:50.960 --> 01:03:55.600]  or do it monday or tuesday you can call me and
[01:03:55.600 --> 01:04:00.400]  i can give you a better idea of what you may be able to do
[01:04:01.520 --> 01:04:05.920]  oh i'm sorry uh i can hear you better if i unmuted you
[01:04:05.920 --> 01:04:12.800]  okay go ahead mary okay um yeah i can get that document and um the
[01:04:12.800 --> 01:04:17.840]  address for you and uh i'm going to be meeting with her
[01:04:17.840 --> 01:04:22.320]  she has formed a narrative after about five requests over a few months she's
[01:04:22.320 --> 01:04:28.720]  finally finished one and um regardless just um the interest
[01:04:28.720 --> 01:04:35.680]  of my helping her is again to work on a malpractice co-op
[01:04:35.680 --> 01:04:40.000]  and that's something i'll be coming to you at a later date about and i
[01:04:40.000 --> 01:04:46.800]  my next issue is basically i believe the texas state bar has damaged us by
[01:04:46.800 --> 01:04:50.640]  not allowing equal access to the court and
[01:04:50.640 --> 01:04:55.120]  shielding these attorneys through a
[01:04:55.120 --> 01:05:00.720]  negligent pro bono system which i could go into detail about which i won't
[01:05:00.720 --> 01:05:05.600]  but i'm beginning to think deeply that the state bar is going to have to be
[01:05:05.600 --> 01:05:08.560]  sued and the transaction be brought against them and i
[01:05:08.560 --> 01:05:11.200]  can see the public notice being something like
[01:05:11.200 --> 01:05:16.160]  has your attorney damaged you lied to you or stolen from you please call us
[01:05:16.160 --> 01:05:19.600]  i believe that there's a way to some extent
[01:05:19.600 --> 01:05:26.000]  to hold the state bar as the ability on that issue
[01:05:26.000 --> 01:05:30.480]  when you do this can you get us copies of the complaints
[01:05:30.480 --> 01:05:34.960]  and i know i would be be more than happy to talk to your group
[01:05:34.960 --> 01:05:38.000]  about how to take the complaints that they have
[01:05:38.000 --> 01:05:45.040]  and turn them into bar grievances and the reason for the bar grievance
[01:05:45.040 --> 01:05:48.080]  is really not in this case if you're intending to
[01:05:48.080 --> 01:05:53.040]  file a malpractice suit it's just to lay the foundation for your malpractice
[01:05:53.040 --> 01:05:58.160]  suit oh okay fair enough um get us copies of
[01:05:58.160 --> 01:06:02.240]  those because when the state commitment you know just
[01:06:02.240 --> 01:06:07.680]  the conduct comes up for the sunset next and ken do you know
[01:06:07.680 --> 01:06:11.120]  when the bar is coming up again i think it just came up here
[01:06:11.120 --> 01:06:16.240]  2017 wonderful we need all the documentation we can get
[01:06:16.240 --> 01:06:22.080]  okay try to get the bar in a position to where they
[01:06:22.080 --> 01:06:26.000]  have to do their job what i'd very much like to see
[01:06:26.000 --> 01:06:33.280]  is it's a situation where the fox is not going to ken house
[01:06:33.280 --> 01:06:36.880]  the bar as far as i know are the is the only
[01:06:36.880 --> 01:06:40.080]  professional organization that polices itself
[01:06:40.080 --> 01:06:45.040]  and we need that fixed i think that they can be held liable if
[01:06:45.040 --> 01:06:48.880]  one could not find for instance a malpractice attorney
[01:06:48.880 --> 01:06:54.400]  i have visited some when i was damaged by the biggest firm in austin
[01:06:54.400 --> 01:07:00.560]  um and these attorneys aren't willing to sue each other and
[01:07:00.560 --> 01:07:04.320]  they're saying you know i need a specific amount of money to do this i'm
[01:07:04.320 --> 01:07:08.160]  sorry miss krennic but to do this you know this is you know
[01:07:08.160 --> 01:07:12.240]  the money that's going to allow you into this after i've been damaged and left
[01:07:12.240 --> 01:07:16.720]  you know there is i know of an attorney who
[01:07:16.720 --> 01:07:21.920]  did malpractice suits in texas but he lives in new mexico
[01:07:21.920 --> 01:07:25.680]  well i'm not speaking of i need an attorney i'm speaking of the fact that
[01:07:25.680 --> 01:07:29.040]  when we go to find a malpractice attorney for my
[01:07:29.040 --> 01:07:33.360]  for my malpractice co-op i assure you we will find none
[01:07:33.360 --> 01:07:36.400]  and i assure you we will not find one with
[01:07:36.400 --> 01:07:40.080]  you won't find one you won't find one in texas
[01:07:40.080 --> 01:07:44.160]  but that was my point this guy lives out of texas
[01:07:44.160 --> 01:07:47.440]  so they can't get at it he comes into well
[01:07:47.440 --> 01:07:51.760]  texas to do his malpractices okay i like that
[01:07:51.760 --> 01:07:56.160]  so that may be where you need to look okay
[01:07:56.160 --> 01:08:04.080]  well this is can and uh what i'm yeah uh there there's actually been some
[01:08:04.080 --> 01:08:07.840]  rumblings in the background uh from what i've been hearing that
[01:08:07.840 --> 01:08:11.360]  there's a lot of members of the bar that are not happy with the bar
[01:08:11.360 --> 01:08:16.320]  and they would support some setting the bar and reorganizing the whole process
[01:08:16.320 --> 01:08:21.440]  lawyers in texas and one of the things we want to address is the issue of
[01:08:21.440 --> 01:08:26.480]  lawyer liability and this issue but the only way we can get that
[01:08:26.480 --> 01:08:32.800]  get the impetus to do that to show that the bar is essentially run by a pack of
[01:08:32.800 --> 01:08:36.160]  dirty rotten scoundrels the only way we can get that is we've
[01:08:36.160 --> 01:08:39.840]  got to have complaints we have to have the bar's response so we
[01:08:39.840 --> 01:08:43.520]  can show everybody the legislature when i mean everybody
[01:08:43.520 --> 01:08:47.200]  we can show the legislature and demonstrate that these people don't care
[01:08:47.200 --> 01:08:50.640]  about anything except money
[01:08:52.000 --> 01:08:58.720]  well my hope is to find the state bar legally liable for me or my group not
[01:08:58.720 --> 01:09:01.600]  being able to find a malpractice attorney i'm talking about
[01:09:01.600 --> 01:09:04.720]  some very simple basic things to start suing them on
[01:09:04.720 --> 01:09:09.200]  in a class action form i'm not talking about legislative work i'm
[01:09:09.200 --> 01:09:12.320]  not trying to get into good terms with other attorneys
[01:09:12.320 --> 01:09:16.880]  or members of the board or legislators i'm talking about simple class actions
[01:09:16.880 --> 01:09:19.520]  and malpractices and if we can't join ourselves into
[01:09:19.520 --> 01:09:25.520]  anything like this i'm assuming that and taking action on
[01:09:25.520 --> 01:09:31.120]  the fact that the bar is basically at fault
[01:09:31.120 --> 01:09:34.720]  you and i know that let's write the documents on it that's
[01:09:34.720 --> 01:09:37.840]  going to be probably what's going to happen out of my malpractice co-op
[01:09:37.840 --> 01:09:43.680]  it's okay well let's just do the bar so you're building a case against the bar
[01:09:43.680 --> 01:09:47.120]  that's a great idea but your case you're building against the
[01:09:47.120 --> 01:09:49.920]  bar the information you're gathering will
[01:09:49.920 --> 01:09:54.080]  help us also take on the bar from the political side we're not
[01:09:54.080 --> 01:09:58.960]  asking you to take on the political side ken has been lobbying for a very long
[01:09:58.960 --> 01:10:03.200]  time and we need information
[01:10:03.200 --> 01:10:06.560]  absolutely love it but i'd like to see some class actions and some money and i'm
[01:10:06.560 --> 01:10:10.800]  like the state bar have to show up in court
[01:10:12.240 --> 01:10:17.840]  okay we will uh i'm sure this is something i wanted to get to
[01:10:17.840 --> 01:10:24.400]  is i want to build a malpractice questionnaire
[01:10:24.400 --> 01:10:29.120]  uh i need to get charles herring's latest
[01:10:29.120 --> 01:10:34.240]  texas malpractice manual but we build a questionnaire that goes
[01:10:34.240 --> 01:10:37.840]  to malpractice and we should be able to build a set of
[01:10:37.840 --> 01:10:40.560]  fill-in-the-blank pleading so your people can
[01:10:40.560 --> 01:10:45.920]  go online fill in the blanks and spit them out of malpractice suit
[01:10:45.920 --> 01:10:52.400]  okay i like it thank you so much randy i'm at a coffee shop and i'm going to
[01:10:52.400 --> 01:10:55.600]  get off the phone right now so they can have their quiet room
[01:10:55.600 --> 01:11:01.680]  rules followed properly this is ken magnus one last thing is i've got a book
[01:11:01.680 --> 01:11:06.640]  in my hand called law at pinpoint by an attorney named randy
[01:11:06.640 --> 01:11:10.880]  johnston out of dallas he's a malpractice attorney and suits other
[01:11:10.880 --> 01:11:13.440]  attorneys
[01:11:13.440 --> 01:11:21.200]  good that we need to get mary in contact with him
[01:11:23.280 --> 01:11:27.360]  okay thank you mary i'll get that information to you about that book so
[01:11:27.360 --> 01:11:31.920]  you can find these attorneys awesome randy johnson thank you
[01:11:31.920 --> 01:11:35.600]  okay thank you miss mary okay now we have
[01:11:35.600 --> 01:11:40.960]  philip in texas and philip you have a foreclosure issue
[01:11:40.960 --> 01:11:44.800]  no if last time you you were beating up the
[01:11:44.800 --> 01:11:51.040]  uh credit card guys how did that go oh it's still in the works i'm a little
[01:11:51.040 --> 01:11:54.720]  slow at my document writing but i'll get it done probably early next
[01:11:54.720 --> 01:11:57.920]  week i was actually calling in about something
[01:11:57.920 --> 01:12:01.440]  you were talking about i think it's about two weeks ago which
[01:12:01.440 --> 01:12:05.920]  was um being able to uh
[01:12:05.920 --> 01:12:13.120]  rescind your mortgage um i know uh there was lots of different
[01:12:13.120 --> 01:12:17.520]  you know reasons why i was wondering and you know this is something me if you
[01:12:17.520 --> 01:12:21.280]  had uh looked at my hundred one settlement
[01:12:21.280 --> 01:12:26.480]  statement before and uh noticed you know how much fraud was
[01:12:26.480 --> 01:12:30.320]  um i'm using the word fraud sorry i don't know if it's the right word based
[01:12:30.320 --> 01:12:34.800]  on the earlier conversation but all the fraudulent fees that were
[01:12:34.800 --> 01:12:38.400]  uh are were are in the my hundred one settlement statement and
[01:12:38.400 --> 01:12:44.800]  i was just wondering is that is that a reason to be able to rescind your
[01:12:44.800 --> 01:12:50.560]  mortgage i i just did one uh the
[01:12:50.560 --> 01:12:57.840]  bank got the rescindion a guy gave me a quit claim and a warranty deed
[01:12:57.840 --> 01:13:04.000]  he's in this house he got a divorce he can't can't afford it now after the
[01:13:04.000 --> 01:13:07.040]  divorce and it's way too big for it so he just
[01:13:07.040 --> 01:13:10.240]  wrote me a quite a quick claim and a warranty deed
[01:13:10.240 --> 01:13:14.560]  if i could stop the foreclosure so i filed a rescission
[01:13:14.560 --> 01:13:18.880]  and he stopped the foreclosure and now they have sent him
[01:13:18.880 --> 01:13:23.440]  two letters they said they're not going to respond
[01:13:23.440 --> 01:13:31.040]  to me because they don't have our civilization to talk to me
[01:13:31.040 --> 01:13:38.560]  well great i hold the quick claim see
[01:13:38.560 --> 01:13:43.680]  they're one of the lenders successors and assigns
[01:13:43.680 --> 01:13:48.240]  the problem is so i'm one of the borrower's successors for
[01:13:48.240 --> 01:13:55.200]  signs he assigned his claim to me so they're not going to respond to me
[01:13:55.200 --> 01:14:00.640]  they're going to respond to him okay bubba that'll work for me
[01:14:00.640 --> 01:14:06.320]  then i go for no answer default but when they actually this is a
[01:14:06.320 --> 01:14:09.760]  recension so then i'll go to the court for
[01:14:09.760 --> 01:14:13.840]  written mandamus claiming that they didn't make raise
[01:14:13.840 --> 01:14:17.760]  an objection within the 21 day time period
[01:14:17.760 --> 01:14:22.480]  okay they want to respond to him they want to play they
[01:14:22.480 --> 01:14:29.280]  i don't care it works for me uh but oh jeff you can speak to this
[01:14:29.280 --> 01:14:33.520]  can you speak to that are you familiar with that supreme court
[01:14:33.520 --> 01:14:39.520]  gelanski no i'm not sorry okay good there was a recent supreme
[01:14:39.520 --> 01:14:45.840]  court decision that said that when a i know of it
[01:14:45.840 --> 01:14:53.280]  randy i just have not read it oh okay it says that when a recension
[01:14:53.280 --> 01:15:00.160]  is filed the recension is affected
[01:15:00.160 --> 01:15:04.000]  it's like a removal you see if you get sued in the state
[01:15:04.000 --> 01:15:08.320]  court and you don't live in that state you can
[01:15:08.320 --> 01:15:12.000]  by law remove the case to the federal court
[01:15:12.000 --> 01:15:17.120]  you file a removal it is removed it's not a motion it's not a request it's
[01:15:17.120 --> 01:15:20.240]  removed and essentially what the supreme court said
[01:15:20.240 --> 01:15:25.760]  when you file a recension it is rescinded it's a done deal
[01:15:25.760 --> 01:15:31.920]  and and you can't even unresend it so now both parties are in a position
[01:15:31.920 --> 01:15:37.520]  to tender you must tender back to the borrower
[01:15:37.520 --> 01:15:44.000]  what the borrower is due the borrower must tender to you what you are due
[01:15:44.000 --> 01:15:48.640]  and that's all the fight all the fees and all the payments you made everything
[01:15:48.640 --> 01:15:51.840]  you've given to him he has to get back to you
[01:15:51.840 --> 01:15:57.920]  so the way i get to rescission is you know you got three years normally
[01:15:57.920 --> 01:16:03.200]  unless i don't have that number in front of me i've got it in my recension
[01:16:03.200 --> 01:16:07.040]  letter but in the truth in lending statement i mean
[01:16:07.040 --> 01:16:14.480]  truth in lending act right at the end it's as after foreclosure if you could
[01:16:14.480 --> 01:16:18.800]  show more than thirty five dollars in unauthorized fees
[01:16:18.800 --> 01:16:22.720]  the right to rescind renews
[01:16:23.040 --> 01:16:26.960]  so we pull out the hud one settlement statement
[01:16:26.960 --> 01:16:32.320]  when we look at it now on the hud one settlement statement
[01:16:32.320 --> 01:16:36.240]  the bank there are certain things the bank can't charge they can only charge
[01:16:36.240 --> 01:16:40.960]  the one one percent of your donation
[01:16:40.960 --> 01:16:44.720]  and we'll get to the rest of it when we come back on the other side
[01:16:44.720 --> 01:16:50.320]  this is baby belton he's on radio i call it now five one two six four six 1984
[01:16:50.320 --> 01:16:53.600]  you'll be right back
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[01:19:01.600 --> 01:19:11.920]  this is the logos radionetwork
[01:19:11.920 --> 01:19:32.240]  oh come on
[01:19:41.920 --> 01:19:58.240]  ranger
[01:20:02.400 --> 01:20:08.160]  okay we are back randy kelton through our radio here with king mangleson
[01:20:08.160 --> 01:20:15.360]  poor old jeff had to drop off he's he is so old he's even older than i am
[01:20:15.360 --> 01:20:20.320]  and as us old guys as we go sleep and at my age i don't find many people
[01:20:20.320 --> 01:20:25.680]  older than i am okay and i i never let jeff get away
[01:20:25.680 --> 01:20:31.360]  without a beak or two keeps dishonest philip
[01:20:31.360 --> 01:20:34.400]  yeah we see oh we were talking about precision
[01:20:34.400 --> 01:20:38.400]  we're talking about hud one settlement statement
[01:20:38.400 --> 01:20:44.240]  i developed this spreadsheet where i can put in your truth and lending
[01:20:44.240 --> 01:20:48.320]  statement note hud one settlement statement fees all
[01:20:48.320 --> 01:20:54.000]  the amounts and i create a claim
[01:20:54.000 --> 01:21:00.800]  and one of the claims i would create was i would maintain that at closing
[01:21:00.800 --> 01:21:05.840]  the lender failed to provide documentation to show that the fees
[01:21:05.840 --> 01:21:09.440]  charged on the hud one settlement statement were not otherwise forbidden
[01:21:09.440 --> 01:21:14.880]  to be charged by law that the fee is for for services that
[01:21:14.880 --> 01:21:18.320]  were actually rendered that were for services that were
[01:21:18.320 --> 01:21:22.400]  necessary and that the vendors were not
[01:21:22.400 --> 01:21:28.320]  un not front companies for the borrowers
[01:21:28.320 --> 01:21:32.720]  fiduciaries and that the lender did not take an
[01:21:32.720 --> 01:21:36.880]  undisclosed markup on the amounts charged that's all right out of the
[01:21:36.880 --> 01:21:42.800]  treason lending act and
[01:21:42.880 --> 01:21:45.840]  that maintained that since he didn't provide any of this documentation that
[01:21:45.840 --> 01:21:49.040]  all those fees are bogus and then i do a
[01:21:49.040 --> 01:21:52.800]  calculation on how much they would actually defraud you about based on that
[01:21:52.800 --> 01:21:58.240]  well every time i got someone who was a real estate agent
[01:21:58.240 --> 01:22:02.800]  and they looked at this they said don't you dare put that in my
[01:22:02.800 --> 01:22:05.040]  suit
[01:22:05.440 --> 01:22:09.920]  and i didn't question as to why i already knew why
[01:22:09.920 --> 01:22:16.000]  because they knew that some of those fees were fraudulent
[01:22:16.000 --> 01:22:22.800]  that's outright theft there are you may not charge the
[01:22:22.800 --> 01:22:30.320]  borrower those amounts that are for actions
[01:22:30.320 --> 01:22:36.000]  that are are the normal part of doing business
[01:22:36.000 --> 01:22:41.360]  administration fee processing fee these are the normal part of doing
[01:22:41.360 --> 01:22:45.280]  business it was intended that those fees come out of the
[01:22:45.280 --> 01:22:49.120]  interest that you charge on the note but instead of taking it out of the
[01:22:49.120 --> 01:22:52.560]  interest they add it to the head of the note and charge interest on it for 30
[01:22:52.560 --> 01:22:58.240]  years so since they didn't provide any
[01:22:58.240 --> 01:23:03.600]  documentation then i essentially dispute
[01:23:03.600 --> 01:23:09.600]  all of the fees on there and i maintain they're all fraudulent
[01:23:09.600 --> 01:23:16.960]  bogus and i take the amount from 1400 line 1400 on the hud one
[01:23:16.960 --> 01:23:20.800]  settlement statement that's the bottom of page two that's the totals
[01:23:20.800 --> 01:23:26.240]  you've got a column for paid by buyer paid by seller i add those two together
[01:23:26.240 --> 01:23:31.040]  because he in the end the seller pay i mean the buyer pays everything
[01:23:31.040 --> 01:23:34.640]  whatever the seller has to pay he adds to the principal
[01:23:34.640 --> 01:23:38.800]  if he didn't have to pay it he'd sell the property for less so
[01:23:38.800 --> 01:23:43.200]  the seller the buyer pays everything i add them together
[01:23:43.200 --> 01:23:49.600]  and take a spreadsheet style
[01:23:49.600 --> 01:23:56.000]  station schedule and drop in that amount from the hud one on the first
[01:23:56.000 --> 01:24:03.040]  payment as an overpayment and and and run out the note first one i
[01:24:03.040 --> 01:24:11.360]  did this for was steve's kidmore a hundred and sixteen thousand dollar note at six percent interest
[01:24:12.080 --> 01:24:15.440]  they charged him twelve thousand dollars on the hud one settlement statement i
[01:24:15.440 --> 01:24:22.080]  deducted that from the first payment his payments went to zero at 240
[01:24:22.080 --> 01:24:26.080]  so the last 10 years he would be paying overpayments
[01:24:26.080 --> 01:24:30.080]  on a hundred and sixteen thousand dollar note over the life of the note he would
[01:24:30.080 --> 01:24:34.400]  overpay the note fifty thousand and forty three dollars
[01:24:34.400 --> 01:24:41.120]  and change the note was only five years old so he hadn't paid that much
[01:24:41.120 --> 01:24:47.680]  extra but in fraud you don't sue for what they actually defrauded you of
[01:24:47.680 --> 01:24:50.880]  you sue for what they would have defrauded you of had their plan ran to
[01:24:50.880 --> 01:24:54.000]  fruition the fifty thousand but you don't sue
[01:24:54.000 --> 01:24:59.360]  for that amount either you sue for triple that amount so in
[01:24:59.360 --> 01:25:04.400]  the first calculation i get a hundred and fifty thousand dollar claim
[01:25:04.400 --> 01:25:09.440]  against a hundred and sixteen thousand dollar note
[01:25:09.440 --> 01:25:15.680]  so here you file a recension and you have to hit bank has to tender to you
[01:25:15.680 --> 01:25:20.960]  you have to tender to the bank well we claim and tender by set off
[01:25:20.960 --> 01:25:24.960]  against the claim i have against you
[01:25:24.960 --> 01:25:31.600]  we just filed one of these and they did a cinema letter saying they
[01:25:31.600 --> 01:25:36.960]  would respond within the 21 days the problem is
[01:25:36.960 --> 01:25:40.880]  i filed a recension not him
[01:25:42.160 --> 01:25:46.720]  they're going to respond to him good luck on that guys
[01:25:46.720 --> 01:25:54.480]  but in the end if you file a recension then you make all these friends i expect
[01:25:54.480 --> 01:25:58.960]  to lose in the end the other side is going to object
[01:25:58.960 --> 01:26:05.200]  they're going to file an action in the state court to block the recension
[01:26:05.200 --> 01:26:09.360]  and in the end the court's going to rule against me
[01:26:10.000 --> 01:26:16.800]  maybe they won't but prudence dictates that i presume the
[01:26:16.800 --> 01:26:20.960]  courts will rule against me out of hand at every turn so how do i
[01:26:20.960 --> 01:26:26.320]  wind up with an equitable solution
[01:26:26.320 --> 01:26:30.400]  well i use the recension to get the bank's attention
[01:26:30.400 --> 01:26:34.400]  the only purpose of that was to bring them to the table
[01:26:34.400 --> 01:26:38.880]  so it doesn't matter what they do if they would have dealt with me
[01:26:38.880 --> 01:26:42.160]  i went to them and said guys let's make a deal
[01:26:42.160 --> 01:26:45.680]  said i'll take this house i'll clean it up i'll sell it
[01:26:45.680 --> 01:26:49.760]  i will extinguish this guy's note he only was a hundred sixty seven thousand
[01:26:49.760 --> 01:26:53.040]  dollars on a two hundred thousand dollar property
[01:26:53.040 --> 01:26:57.600]  but i'm going to want you to knock ten twelve grand off of it
[01:26:57.600 --> 01:27:02.800]  so you don't have to go to r e o o and go through all of this
[01:27:02.800 --> 01:27:07.440]  cost in maintaining the property until you can sell it
[01:27:07.440 --> 01:27:11.040]  so give me a discount on the payoff we'll all go home
[01:27:11.040 --> 01:27:18.240]  i'm happy that in this case they're going to respond to the other guy not me
[01:27:18.240 --> 01:27:22.400]  and as soon as they respond to him since the 21 days are up then i
[01:27:22.400 --> 01:27:28.000]  go and file a quiet title action when i file a quiet title action now
[01:27:28.000 --> 01:27:32.080]  they're going to talk to you yeah they're going to object to it
[01:27:32.080 --> 01:27:35.520]  they're going to say i don't have standing i don't care what you do
[01:27:35.520 --> 01:27:39.120]  all i really want to do is bring them to the table and in this case i'll file
[01:27:39.120 --> 01:27:44.480]  sanctions against them for not responding to the recision
[01:27:44.480 --> 01:27:48.960]  you know i'll when they don't respond in time to the recision
[01:27:48.960 --> 01:27:54.320]  then i'll file in their petition for a mandamus to enforce recision
[01:27:54.320 --> 01:27:58.640]  then they'll respond to and at the same time i go file a quiet title action
[01:27:58.640 --> 01:28:01.840]  against their deed of trust because once the recision is filed
[01:28:01.840 --> 01:28:05.680]  it's over it's rescinded
[01:28:05.680 --> 01:28:10.320]  does that make sense to give you an idea of what we're talking about
[01:28:10.320 --> 01:28:14.960]  it does and you know i'm not in foreclosure or you are closed i mean i
[01:28:14.960 --> 01:28:17.120]  guess i guess you're only a few months away
[01:28:17.120 --> 01:28:20.400]  if you ever really want to be right but
[01:28:20.960 --> 01:28:27.120]  i'm not in foreclosure i do have you know i've used your spreadsheet and
[01:28:27.120 --> 01:28:32.720]  came up with uh 20 something thousand on a hundred and twenty thousand dollar
[01:28:32.720 --> 01:28:36.080]  note which ended up being a hundred and forty
[01:28:36.080 --> 01:28:43.120]  thousand dollars in overpayment so i mean uh there there's plenty uh you
[01:28:43.120 --> 01:28:46.560]  know and you know triplicated of that is oh you know over four hundred
[01:28:46.560 --> 01:28:50.800]  thousand so there's plenty to follow suit on
[01:28:50.800 --> 01:28:55.760]  it just you know the idea of rescission on top of that just kind of really
[01:28:55.760 --> 01:29:02.560]  yeah considered this way uh you can ask them for a modification
[01:29:02.560 --> 01:29:06.320]  and why would they modify why would they just
[01:29:06.320 --> 01:29:10.960]  give up money that they already have in hand
[01:29:10.960 --> 01:29:15.440]  so or you could let them foreclose and if they try to foreclose then they're
[01:29:15.440 --> 01:29:20.720]  required to offer your modification what if you know they don't they want
[01:29:20.720 --> 01:29:23.680]  this note to pay out they don't want this thing to foreclose
[01:29:23.680 --> 01:29:27.600]  not at this point they got more houses than they can deal with
[01:29:27.600 --> 01:29:33.520]  it's costing them a fortune so if you rescind the note once you
[01:29:33.520 --> 01:29:36.960]  rescind it's a done deal
[01:29:36.960 --> 01:29:43.840]  the only way to recover is to write a new contract
[01:29:43.840 --> 01:29:47.360]  there's your modification there's leverage
[01:29:47.360 --> 01:29:51.200]  hang on we're going to count the view of our radio call it number five one two
[01:29:51.200 --> 01:30:03.920]  six four six ninety four we'll be right back
[01:30:03.920 --> 01:30:08.320]  do violent video games heighten aggression a new study measuring brain
[01:30:08.320 --> 01:30:11.920]  activity says they do i'm dr kathryn albrecht and i'll tell
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[01:30:46.560 --> 01:30:50.960]  violent video games some say they're harmless fun while others insist they
[01:30:50.960 --> 01:30:55.040]  make gamers aggressive now a new study finds that violent games
[01:30:55.040 --> 01:30:58.800]  do alter brain activity not after years of play but after one
[01:30:58.800 --> 01:31:02.160]  week researchers split male volunteers into two
[01:31:02.160 --> 01:31:06.640]  groups and performed mri scans on them one group played a shooting game for 10
[01:31:06.640 --> 01:31:10.240]  hours over a week the other didn't follow-up exams show
[01:31:10.240 --> 01:31:14.000]  that those who played the game have reduced activity in key areas of the
[01:31:14.000 --> 01:31:18.320]  brain they control emotions and aggressive behavior
[01:31:18.320 --> 01:31:21.520]  maybe kids should spend a little less time with villains and more time with
[01:31:21.520 --> 01:31:24.880]  heroes like maybe their parents i'm dr katherine
[01:31:24.880 --> 01:31:30.640]  albrecht for startpage.com the world's most private search engine
[01:31:31.360 --> 01:31:35.200]  this is building seven a 47 story skyscraper that fell
[01:31:35.200 --> 01:31:38.480]  on the afternoon of september 11 the government says that fire brought it
[01:31:38.480 --> 01:31:41.680]  down however 1500 architects and engineers have
[01:31:41.680 --> 01:31:45.840]  concluded it was a controlled demolition over 6 000 of my fellow service members
[01:31:45.840 --> 01:31:49.040]  have given their lives thousands of my fellow force responders are
[01:31:49.040 --> 01:31:52.320]  dying i'm not a conspiracy theorist i'm a structural engineer i'm a new york
[01:31:52.320 --> 01:31:55.840]  city correction officer i'm an air force pilot i'm a father who lost his son
[01:31:55.840 --> 01:31:59.040]  we're americans and we deserve the truth go to
[01:31:59.040 --> 01:32:03.440]  rememberbuildingseven.org today hey it's danny here for hill country home
[01:32:03.440 --> 01:32:06.960]  improvements did your home receive hail or wind damage from the recent storms
[01:32:06.960 --> 01:32:10.320]  come on we all know the government caused it with their kim trails but good
[01:32:10.320 --> 01:32:13.760]  luck getting them to pay for it okay i might be kidding about the kim trails
[01:32:13.760 --> 01:32:16.640]  but i'm serious about your roof that's why you have insurance
[01:32:16.640 --> 01:32:20.160]  and hill country home improvements can handle the claim for you with little to
[01:32:20.160 --> 01:32:23.920]  no out-of-pocket expense and we accept bitcoin as a multi-year
[01:32:23.920 --> 01:32:27.680]  a-plus member of the better business bureau with zero complaints you can
[01:32:27.680 --> 01:32:31.760]  trust hill country home improvements to handle your claim and your roof right
[01:32:31.760 --> 01:32:38.000]  the first time just call 512-992-8745 or go to hill country home
[01:32:38.000 --> 01:32:40.800]  improvements.com mention the crypto show and get a hundred
[01:32:40.800 --> 01:32:44.160]  dollars off and we'll donate another hundred dollars to the logos radio
[01:32:44.160 --> 01:32:47.440]  network to help continue this programming so if those out of town
[01:32:47.440 --> 01:32:51.120]  roofers come knocking your door should be locking
[01:32:51.120 --> 01:32:57.280]  that's 512-992-8745 or hill country home improvements.com
[01:32:57.280 --> 01:33:00.640]  discounts are based on full roof replacement may not actually be kidding
[01:33:00.640 --> 01:33:04.480]  about kim trails you are listening to the logos radio
[01:33:04.480 --> 01:33:12.480]  network logosradionetwork.com
[01:33:12.480 --> 01:33:30.480]  Music
[01:33:30.480 --> 01:33:34.480]  okay we are back we're in felton with my radio
[01:33:34.480 --> 01:33:40.000]  and talking to philip in texas and so what do you think of using
[01:33:40.000 --> 01:33:47.200]  essentially as leverage to write a new contract
[01:33:47.200 --> 01:33:50.800]  uh you know actually it's something we've been i mean what i've been talking
[01:33:50.800 --> 01:33:54.000]  about is uh just selling our house in general
[01:33:54.000 --> 01:33:59.120]  so you know um i'm not really all that keen on
[01:33:59.120 --> 01:34:02.000]  staying in my house you know i was thinking that there's an
[01:34:02.000 --> 01:34:06.880]  interesting way of selling the house for a pretty tiny profit just sell it
[01:34:06.880 --> 01:34:10.400]  right back you know lender all right so i'll write back to lender
[01:34:10.400 --> 01:34:12.720]  for from what i understand every single
[01:34:12.720 --> 01:34:16.880]  payment i've made them i mean probably not including escrow i would assume
[01:34:16.880 --> 01:34:21.600]  but you know all the the interest in interest in principal payments at least
[01:34:21.600 --> 01:34:26.720]  okay there is a something else to consider
[01:34:26.720 --> 01:34:32.560]  you're in texas probably the fastest growing real estate
[01:34:32.560 --> 01:34:38.320]  market in the country right if you were in michigan or connecticut
[01:34:38.320 --> 01:34:42.080]  it might be a better option but you might want to do some
[01:34:42.080 --> 01:34:46.080]  caught neighborhood cops to see what your property or actually sell for
[01:34:46.080 --> 01:34:52.480]  it it is it would sell for 140 we were originally purchased to 120
[01:34:52.480 --> 01:34:58.000]  and uh you know we've had about 20 000 more we've you know we've paid down the
[01:34:58.000 --> 01:35:00.960]  loan to about 20 000 so in fact the notes
[01:35:00.960 --> 01:35:04.400]  right now it's sitting around just shy over 100
[01:35:04.400 --> 01:35:10.400]  um and cops are about 140 but if you add up every payment we've
[01:35:10.400 --> 01:35:15.520]  made in the last nine years that comes out to 86 000 dollars
[01:35:15.520 --> 01:35:20.400]  yeah i think you know you know they have to pay
[01:35:20.400 --> 01:35:24.560]  taxes escrow they have to pay everything back
[01:35:24.560 --> 01:35:28.720]  oh well then then then we're looking at probably
[01:35:28.720 --> 01:35:34.640]  i just 160 000 ish you know once you add in because
[01:35:34.640 --> 01:35:40.400]  yeah maybe over 100 definitely over 100 000 we've actually paid when you do the
[01:35:40.400 --> 01:35:45.680]  rescission they're absolutely going to file an objection to it
[01:35:45.680 --> 01:35:48.720]  and that's the thing is they even have a right to rescind seeing as uh
[01:35:48.720 --> 01:35:52.720]  it's been over three years and although there is
[01:35:52.720 --> 01:35:57.360]  yes right you're not in foreclosure i'm not in foreclosure
[01:35:57.360 --> 01:36:03.360]  so you don't fall under yet unless you wait until they send you a notice of it
[01:36:03.360 --> 01:36:09.440]  tend to accelerate now now you could do that and if if you
[01:36:09.440 --> 01:36:14.320]  took the funds and put them in a bank
[01:36:14.320 --> 01:36:20.880]  so that you could always secure the default
[01:36:20.880 --> 01:36:29.280]  but that's a little risky when you it does it does seem a bit risky
[01:36:30.160 --> 01:36:34.320]  you know i i don't you know i generally have people who are
[01:36:34.320 --> 01:36:41.600]  in a situation already that you know they can't get out of and
[01:36:41.600 --> 01:36:46.720]  we do these as desperate means to find a solution but
[01:36:46.720 --> 01:36:51.520]  for you to get into this situation now you can file a rescission
[01:36:51.520 --> 01:36:56.160]  and they're going to object to it and that's probably not going to hurt you
[01:36:56.160 --> 01:37:01.600]  much because they're not going to want that house back good chance they will
[01:37:01.600 --> 01:37:04.400]  refinance
[01:37:05.440 --> 01:37:11.520]  okay what's your interest rate now oh it's pretty high now that's six one
[01:37:11.520 --> 01:37:18.160]  two five yeah give them a notice of the
[01:37:18.160 --> 01:37:21.840]  you might contact them and notice them no you can't rescind
[01:37:21.840 --> 01:37:28.480]  you're not in that top time trainers i'm making your mind
[01:37:28.480 --> 01:37:33.440]  switching group tonight aren't i yeah i'm struggling to find a way to get
[01:37:33.440 --> 01:37:37.760]  leverage against the lender right well i mean i have i can always
[01:37:37.760 --> 01:37:43.520]  follow that $400,000 lawsuit but you know um
[01:37:43.520 --> 01:37:46.560]  how long would that take to really go through i mean i would love to sting
[01:37:46.560 --> 01:37:50.400]  these guys that are good for trying to mess me over to the tune of
[01:37:50.400 --> 01:37:56.320]  140 grand you might set up to that by filing a
[01:37:56.320 --> 01:38:01.040]  uh a debt validation not a debt validation
[01:38:01.040 --> 01:38:09.040]  that are a qualified written request and use that use the information in
[01:38:09.040 --> 01:38:13.440]  this spreadsheet to say i have questions
[01:38:13.440 --> 01:38:19.680]  about these fees and such prove them up
[01:38:19.680 --> 01:38:23.920]  and then when they don't prove them up then you go back and sue
[01:38:23.920 --> 01:38:28.880]  right now you've set the stage for it and then when you sue them
[01:38:28.880 --> 01:38:34.960]  then you say okay uh let's talk how about we make a deal
[01:38:34.960 --> 01:38:38.000]  you refinance this property had a guy in
[01:38:38.000 --> 01:38:43.360]  california avery he had a five hundred thousand dollar
[01:38:43.360 --> 01:38:48.400]  note he owed 300,000 again i'm sorry he had a 250,000 dollar property
[01:38:48.400 --> 01:38:52.800]  and they said he owed 350 against it
[01:38:53.040 --> 01:38:58.240]  they knocked 250,000 off the principal they
[01:38:58.240 --> 01:39:02.240]  dropped all of i'm sorry dropped 150 off the principal
[01:39:02.240 --> 01:39:08.560]  dropped all of the late fees all of the attorney fees and cut his
[01:39:08.560 --> 01:39:12.480]  interest rate to 3.5
[01:39:13.280 --> 01:39:19.680]  just to get him to keep it he filed this uh disparate suit with the
[01:39:19.680 --> 01:39:24.080]  false fees in it so that may be a way to go
[01:39:24.080 --> 01:39:28.080]  okay they're not going to negotiate with you unless they have a good
[01:39:28.080 --> 01:39:31.840]  reason don't you know the banks are going to
[01:39:31.840 --> 01:39:35.120]  rule against you if you're some two-bit deadbeat trying to get a free
[01:39:35.120 --> 01:39:39.200]  house if you're not you're not in foreclosure
[01:39:39.200 --> 01:39:43.920]  you're not trying to get a free house you're just charging these false fees
[01:39:43.920 --> 01:39:47.440]  yeah i was trying to sting him back for what they're trying to do to me
[01:39:47.440 --> 01:39:54.320]  exactly you know if you could get if you could just get them down to 2.5
[01:39:54.320 --> 01:39:58.320]  percent with 3.5 i think's what it is right now that
[01:39:58.320 --> 01:40:02.160]  save you a whole lot of money
[01:40:03.120 --> 01:40:07.360]  good chance you can get some knocked off the principal
[01:40:08.400 --> 01:40:12.720]  okay think about it if you get ready to do something
[01:40:12.720 --> 01:40:15.760]  let me know and i'll help you put the suit together
[01:40:15.760 --> 01:40:19.760]  okay well i think i'm ready i'll probably contact you later
[01:40:19.760 --> 01:40:25.440]  okay thank you philip thank you okay now we're going to go back to
[01:40:25.440 --> 01:40:28.240]  mr magnussen
[01:40:28.400 --> 01:40:33.840]  we wanted to talk more about uh family law who are we on family law
[01:40:33.840 --> 01:40:39.360]  kim well uh one of the things that we were opening up is we were talking about
[01:40:39.360 --> 01:40:43.200]  what the judges did with regards the assignment of their own
[01:40:43.200 --> 01:40:46.640]  personal friend as the social studies person
[01:40:46.640 --> 01:40:50.800]  and essentially the only thing that people can do since the judge usually
[01:40:50.800 --> 01:40:54.160]  bars them from bringing in their own psychiatrist
[01:40:54.160 --> 01:40:58.400]  or psychologist is to file what's called a dalbert motion
[01:40:58.400 --> 01:41:02.160]  the dalbert motion is a challenge to scientific evidence
[01:41:02.160 --> 01:41:07.440]  it makes the uh social studies worker have to validate that he's using
[01:41:07.440 --> 01:41:11.600]  acceptable scientific methods and approaches and
[01:41:11.600 --> 01:41:14.960]  techniques in dealing with writing the psychological
[01:41:14.960 --> 01:41:19.200]  report the social study for the children and the family
[01:41:19.200 --> 01:41:25.200]  99 of them don't and i have it on good authority from one that knows how to do
[01:41:25.200 --> 01:41:28.160]  it right that they don't like the dalbert motions
[01:41:28.160 --> 01:41:31.040]  as a matter of fact most attorneys out there in texas
[01:41:31.040 --> 01:41:35.920]  that have taken family court cases will not file a dalbert motion because they
[01:41:35.920 --> 01:41:39.520]  know the judges frown upon it that's been
[01:41:39.520 --> 01:41:44.640]  been absolutely telegraphed and you can go through the transcripts of cases
[01:41:44.640 --> 01:41:48.000]  after cases after cases throughout the state and almost
[01:41:48.000 --> 01:41:52.480]  no one ever files a dalbert motion and it's the only way to save your
[01:41:52.480 --> 01:41:59.040]  bacon with regards to social studies uh the social studies people that uh
[01:41:59.040 --> 01:42:04.720]  so-called professionals that get called uh uh they get appointed by the judge
[01:42:04.720 --> 01:42:08.560]  if they get challenged to a dalbert motion will frequently
[01:42:08.560 --> 01:42:13.200]  uh move to uh uh refuse themselves from the case
[01:42:13.200 --> 01:42:17.040]  they'll leave the case because if they ever lose a dalbert motion
[01:42:17.040 --> 01:42:20.640]  and the judge rules or the appellate court rules
[01:42:20.640 --> 01:42:24.960]  subsequently that they didn't use standards and procedures and the
[01:42:24.960 --> 01:42:29.200]  scientific methods necessary for that profession they
[01:42:29.200 --> 01:42:35.680]  can't testify in any other case they lose their gravy train
[01:42:37.600 --> 01:42:42.640]  so the dalbert motion is absolutely no and i would tell anybody that's going
[01:42:42.640 --> 01:42:46.720]  through a divorce process right now that there's a couple books you need to
[01:42:46.720 --> 01:42:49.280]  get and one of them is the rules of civil
[01:42:49.280 --> 01:42:53.200]  procedure i recommend o'connor's because it's
[01:42:53.200 --> 01:42:56.080]  it's not called the rules of civil procedures it's called texas
[01:42:56.080 --> 01:43:00.320]  civil trials it includes the rules of civil procedure but o'connor's
[01:43:00.320 --> 01:43:03.840]  writes a good book it's published by jones and mcclure
[01:43:03.840 --> 01:43:07.520]  and i don't get a percentage of the profit it's just the best book out there
[01:43:07.520 --> 01:43:12.080]  it's a quick book guide for how to file lawsuits the problem that it doesn't
[01:43:12.080 --> 01:43:16.080]  address it doesn't address the sharp practices
[01:43:16.080 --> 01:43:21.600]  and the abuse of power by the courts it kind of skirts by those issues so what
[01:43:21.600 --> 01:43:24.640]  do you do when the judge doesn't want to follow a rule
[01:43:24.640 --> 01:43:28.880]  well the biggest thing is you've got to object to the failure to follow the rule
[01:43:28.880 --> 01:43:32.320]  and you've got to cite case law but that book
[01:43:32.320 --> 01:43:36.320]  is absolutely essential because you have to know the rules the other one is texas
[01:43:36.320 --> 01:43:40.800]  family code okay hang on we're about to go to break
[01:43:40.800 --> 01:43:45.040]  this is randy kelton we have our radio here with our special guest
[01:43:45.040 --> 01:43:49.440]  ben bangerson we think we're going into our last segment
[01:43:49.440 --> 01:43:53.520]  so i won't give out the phone number
[01:43:53.760 --> 01:43:56.720]  we'll be right back
[01:44:00.240 --> 01:44:04.400]  you feel tired when talking about important topics like money and politics
[01:44:04.400 --> 01:44:07.760]  are you confused by words like the constitution or the federal reserve
[01:44:07.760 --> 01:44:11.760]  what if so you may be diagnosed with the deadliest disease known today
[01:44:11.760 --> 01:44:16.880]  stupidity hi my name is steve holt and like millions of other americans i was
[01:44:16.880 --> 01:44:21.360]  diagnosed with stupidity at an early age i had no idea that the number one cause
[01:44:21.360 --> 01:44:24.240]  of the disease is found in almost every home in america
[01:44:24.240 --> 01:44:28.240]  the television unfortunately that puts most americans at risk of catching
[01:44:28.240 --> 01:44:31.760]  stupidity but there is hope the staff at brave new books have
[01:44:31.760 --> 01:44:34.880]  helped me and thousands of other foxaholics suffering from sports
[01:44:34.880 --> 01:44:38.880]  zombieism recover and because of brave new books i now enjoy reading
[01:44:38.880 --> 01:44:42.000]  and watching educational documentaries without feeling tired
[01:44:42.000 --> 01:44:46.320]  or uninterested so if you or anybody you know suffers from stupidity
[01:44:46.320 --> 01:44:53.120]  then you need to call 512-480-2503 or visit them in 1904 guadalupe or
[01:44:53.120 --> 01:44:56.080]  brave new bookstore.com side effects from using brave new books
[01:44:56.080 --> 01:44:58.800]  products may include discernment in enlarged vocabulary and an overall
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[01:45:14.080 --> 01:45:19.360]  step by step if you have a lawyer know what your lawyer should be doing
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[01:45:38.480 --> 01:45:42.720]  understand about the principles and practices that control our american
[01:45:42.720 --> 01:45:45.760]  courts you'll receive our audio classroom
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[01:45:49.840 --> 01:45:55.840]  pro se tactics and much more please visit ruleoflawradio.com and click on
[01:45:55.840 --> 01:46:03.200]  the banner or call toll-free 866-LAW-EZ
[01:46:26.400 --> 01:46:29.200]  so
[01:46:39.680 --> 01:46:46.560]  okay we are back and we were talking about
[01:46:46.560 --> 01:46:53.040]  the tricks lawyers pull the legal term for this is
[01:46:53.040 --> 01:46:59.680]  schist or shenanigan
[01:47:00.320 --> 01:47:05.440]  it's sharp practices but
[01:47:07.280 --> 01:47:13.120]  the the issue of getting the the family code and the rules of civil
[01:47:13.120 --> 01:47:16.160]  procedure is so that you understand how the rule
[01:47:16.160 --> 01:47:19.440]  and the statute one is rules promulgated by the texas
[01:47:19.440 --> 01:47:23.280]  green court by permission of the legislature with the rules of civil
[01:47:23.280 --> 01:47:26.960]  procedure but the other book texas family code is
[01:47:26.960 --> 01:47:30.880]  statutory in nature and you get the legislature passed it so
[01:47:30.880 --> 01:47:35.040]  most of the bad stuff going on in court right now even though it's abused by the
[01:47:35.040 --> 01:47:38.320]  judges is being done because the legislature
[01:47:38.320 --> 01:47:42.240]  gave them a degree of power which they've
[01:47:42.240 --> 01:47:46.640]  expanded which is inappropriate
[01:47:46.640 --> 01:47:49.760]  and the legislature needs to change some of that
[01:47:49.760 --> 01:47:55.760]  but the biggest issues right now is that you have to do your research even
[01:47:55.760 --> 01:47:58.960]  if you have an attorney because the common practice we're
[01:47:58.960 --> 01:48:01.840]  seeing out there is attorneys will throw their clients
[01:48:01.840 --> 01:48:06.480]  under the bus and that's the term for you'll pay them
[01:48:06.480 --> 01:48:10.240]  in fees and they'll do nothing to preserve the error
[01:48:10.240 --> 01:48:17.040]  so the issue the issue like randy has said before
[01:48:17.040 --> 01:48:20.480]  the the primary issue is everything you do in the trial court
[01:48:20.480 --> 01:48:24.320]  is to dot your eyes cross your t's and make sure you preserve
[01:48:24.320 --> 01:48:30.800]  every issue for error or appeal because that's what's going to get
[01:48:30.800 --> 01:48:34.480]  them and
[01:48:36.000 --> 01:48:40.080]  the other thing is that i'm pretty much against mediated settlement agreements
[01:48:40.080 --> 01:48:43.920]  i've heard a number of bad horror stories about mediated settlement
[01:48:43.920 --> 01:48:47.760]  agreements i've heard stories of people being held
[01:48:47.760 --> 01:48:53.920]  hostage by the mediators and and browbeat all day long
[01:48:53.920 --> 01:48:59.200]  i've heard stories of people being forced to sign documents
[01:48:59.200 --> 01:49:03.280]  in order to have another day of hearings or or mediation
[01:49:03.280 --> 01:49:07.520]  and the issue is is that i've got one person that i actually saw this happen
[01:49:07.520 --> 01:49:10.800]  to where she was strict in deciding the agreement
[01:49:10.800 --> 01:49:15.360]  mediated settlement agreements circumvent the court you go back to the
[01:49:15.360 --> 01:49:19.680]  mediator for arbitration you don't go back to the court you have
[01:49:19.680 --> 01:49:22.320]  no ability to go back to the court an
[01:49:22.320 --> 01:49:26.720]  immediate settlement agreement so it doesn't give you any protection
[01:49:26.720 --> 01:49:32.160]  against abusive process once you've made the agreement
[01:49:32.560 --> 01:49:37.280]  so the only thing i can suggest at this point in time until i write my book on
[01:49:37.280 --> 01:49:40.000]  this is to do your homework and know what
[01:49:40.000 --> 01:49:44.160]  your lawyer is going to do and and live by the four rules that i
[01:49:44.160 --> 01:49:47.120]  have which is you know perception is everything
[01:49:47.120 --> 01:49:52.080]  everything's negotiable and everything needs to be in writing if it's not
[01:49:52.080 --> 01:49:55.520]  writing it didn't happen that includes correspondence and
[01:49:55.520 --> 01:49:59.360]  communication with your own attorney if your own attorney doesn't want to
[01:49:59.360 --> 01:50:02.400]  communicate with you that's one of the first red flags that
[01:50:02.400 --> 01:50:04.720]  your attorney isn't going to do the job for
[01:50:04.720 --> 01:50:09.040]  you he's doing a job for himself and then the last one is everything is
[01:50:09.040 --> 01:50:12.000]  political so the idea of looking at the courthouse
[01:50:12.000 --> 01:50:16.240]  and looking at cases that are there and seeing which attorneys are are
[01:50:16.240 --> 01:50:21.280]  preferred by the judges uh the issue is is to make sure that
[01:50:21.280 --> 01:50:24.480]  that you either have an attorney that's preferred by the judges
[01:50:24.480 --> 01:50:28.480]  but that's not necessarily a guarantee because occasionally these guys will
[01:50:28.480 --> 01:50:30.960]  throw their own clients under the under the bus
[01:50:30.960 --> 01:50:35.280]  in order to essentially absorb all of the community assets
[01:50:35.280 --> 01:50:40.960]  assets the uh the problem is this problem with divorce cases and
[01:50:40.960 --> 01:50:44.960]  custody is is a nationwide problem and nobody
[01:50:44.960 --> 01:50:50.080]  is addressing it it would be really nice if this next presidential election
[01:50:50.080 --> 01:50:53.760]  that the candidates actually address the problems that we have with the courts
[01:50:53.760 --> 01:50:56.880]  including and especially the family courts
[01:50:56.880 --> 01:51:00.880]  and so if anybody comes up with any great ideas on that i'm all ears
[01:51:00.880 --> 01:51:05.440]  when i went to australia i did some seminars down there
[01:51:05.440 --> 01:51:09.920]  they picked me up in sydney and as we approached the sydney bay bridge
[01:51:09.920 --> 01:51:13.200]  there's a guy up on the bridge with a big band up there
[01:51:13.200 --> 01:51:17.920]  decrying the corruption in the family courts
[01:51:17.920 --> 01:51:21.360]  everywhere we go it seems the family court is the most
[01:51:21.360 --> 01:51:27.680]  corrupt court in the country or at least it gives the impression of
[01:51:27.680 --> 01:51:32.000]  being the most corrupt i think it's opportunity it's the idea
[01:51:32.000 --> 01:51:36.240]  it's one of the few places where most litigants walk in and it's a fight over
[01:51:36.240 --> 01:51:41.360]  a contract or an issue and you usually don't get the look at
[01:51:41.360 --> 01:51:46.240]  the pockets of your opponent meaning you don't get to go through and say
[01:51:46.240 --> 01:51:49.840]  how much property do you have how much money do you have
[01:51:49.840 --> 01:51:53.280]  what resources do you have whereas in family court
[01:51:53.280 --> 01:51:58.080]  that's all the issue for divorce is all about what are your resources
[01:51:58.080 --> 01:52:01.600]  and then they determine how much you have to pay for child support
[01:52:01.600 --> 01:52:05.440]  is based on how much you earn so everybody in the courtroom including
[01:52:05.440 --> 01:52:09.200]  the opposing counsel can sit down on a spreadsheet and calculate
[01:52:09.200 --> 01:52:12.880]  exactly how long it will take you to run you out of money based on how much
[01:52:12.880 --> 01:52:15.920]  you're paying your attorney this is one of the few places where that
[01:52:15.920 --> 01:52:21.920]  occurs the other place is probate but this is where the opportunity for
[01:52:21.920 --> 01:52:29.040]  death here you have people that are uniquely vulnerable
[01:52:29.040 --> 01:52:33.920]  here you have people in the worst times of their lives
[01:52:33.920 --> 01:52:39.520]  and then these vulture lawyers come down for the singular purpose of swallowing
[01:52:39.520 --> 01:52:42.880]  everything these people have accumulated their whole life
[01:52:42.880 --> 01:52:49.040]  yes yes so and then there ought to be a special
[01:52:49.040 --> 01:52:53.200]  there there ought to be a really special crime
[01:52:53.200 --> 01:52:57.440]  category for this and these people need to go to jail for a long long time for
[01:52:57.440 --> 01:53:00.880]  what they're doing but part of this is going to be require
[01:53:00.880 --> 01:53:04.160]  that we get feedback from people that listen to the radio show
[01:53:04.160 --> 01:53:09.040]  and send emails and tell us your stories but the issue is is that we need this in
[01:53:09.040 --> 01:53:11.760]  order to go to the legislature to make a difference
[01:53:11.760 --> 01:53:16.000]  now just so everybody knows i met with a lot of legislators before the session
[01:53:16.000 --> 01:53:20.720]  started this last session in texas and had a lot of people really interested
[01:53:20.720 --> 01:53:24.160]  in doing things but we ran out of the ability to
[01:53:24.160 --> 01:53:27.760]  actually go down and talk to the legislators in Austin
[01:53:27.760 --> 01:53:30.960]  funding is always an issue that we're always short on
[01:53:30.960 --> 01:53:35.440]  and the issue is the other issue is that i'm always asking for copies of
[01:53:35.440 --> 01:53:38.080]  documents is i can't go in there and tell them a
[01:53:38.080 --> 01:53:41.200]  story if i come in and even though we've had people come on this
[01:53:41.200 --> 01:53:44.640]  the show and tell us what we believe are true stories
[01:53:44.640 --> 01:53:48.240]  the issue is is i can't walk into a legislator's office
[01:53:48.240 --> 01:53:51.680]  and tell him once upon a time john and his ex
[01:53:51.680 --> 01:53:56.720]  his ex-wife went into court and judge smith or judge jones did this and this
[01:53:56.720 --> 01:53:59.600]  and this that won't do it i got to bring them
[01:53:59.600 --> 01:54:04.800]  a story with case numbers i got to bring them determinations written by the judge
[01:54:04.800 --> 01:54:08.880]  i've got to show pleadings before the court i've got to prove
[01:54:08.880 --> 01:54:12.880]  that this has happened so the legislator will take it seriously
[01:54:12.880 --> 01:54:17.760]  everybody goes in and and you know pitches in complaints to their
[01:54:17.760 --> 01:54:21.600]  legislature they always go in and complain and it's always
[01:54:21.600 --> 01:54:25.200]  what i've always referred to is talking to your legislator or calling them on the
[01:54:25.200 --> 01:54:30.160]  phone is whining a proper complaint is done in
[01:54:30.160 --> 01:54:34.160]  writing so you have to have written documents
[01:54:34.160 --> 01:54:37.760]  to support the argument of need for change
[01:54:37.760 --> 01:54:41.280]  and reform that's some of the reforms that we need to do
[01:54:41.280 --> 01:54:45.520]  that we were talking about earlier about indigency is i think the indigency
[01:54:45.520 --> 01:54:50.000]  statute it needs to be a statute the requirement for indigency and how
[01:54:50.000 --> 01:54:53.280]  it's arrived at should be able to be arrived at by a
[01:54:53.280 --> 01:54:56.800]  separate process that doesn't involve the court
[01:54:56.800 --> 01:55:01.040]  that you're you're being dragged into that i would like the idea that a person
[01:55:01.040 --> 01:55:07.280]  could file an indigency statute uh petition to a jp court
[01:55:07.280 --> 01:55:12.400]  and go in there and argue that and then they find that your indigent
[01:55:12.400 --> 01:55:15.680]  this is just an example it's not necessarily what we'll do
[01:55:15.680 --> 01:55:19.680]  but then you could be declared indigent and you don't have to argue in front of
[01:55:19.680 --> 01:55:23.600]  a hostile court in family court where they're already going after you
[01:55:23.600 --> 01:55:28.000]  you know hammer and tong so the idea is to set up a
[01:55:28.000 --> 01:55:32.560]  de facto issue in which and there's got to be crimes that if the court or the
[01:55:32.560 --> 01:55:36.160]  district clerk or the court reporters ask for funding or
[01:55:36.160 --> 01:55:40.080]  payments that they're not entitled to they've committed a crime
[01:55:40.080 --> 01:55:45.120]  once they've committed a crime they are disqualified from the case
[01:55:45.120 --> 01:55:48.880]  so the other the other thing that's needed is the
[01:55:48.880 --> 01:55:52.640]  requirement for the opportunity for any party
[01:55:52.640 --> 01:55:56.480]  by notice to the court to bring their own court reporter there can't be any
[01:55:56.480 --> 01:56:00.320]  allowance for the court to have any discretion in not allowing you to bring
[01:56:00.320 --> 01:56:03.520]  your own court reporter long as there are a valid court reporter
[01:56:03.520 --> 01:56:07.920]  you know accredited and appropriately certified in the state
[01:56:07.920 --> 01:56:11.760]  that's it that's all the requirement is why should you have to use the courts
[01:56:11.760 --> 01:56:15.040]  the court's using theirs because they have these people under
[01:56:15.040 --> 01:56:20.400]  their thumb they will lie in transcripts the statute
[01:56:20.400 --> 01:56:24.560]  for court reporting in texas requires that they make a verbatim
[01:56:24.560 --> 01:56:29.920]  transcript but i have seen transcripts after transcript after transcript
[01:56:29.920 --> 01:56:33.840]  where the where when the judge says strike that
[01:56:33.840 --> 01:56:37.200]  the court reporter omits it from the record
[01:56:37.200 --> 01:56:41.600]  that's not what strike that means the court reporter is supposed to
[01:56:41.600 --> 01:56:45.520]  write down strike that and she's supposed to strike through it in the
[01:56:45.520 --> 01:56:48.240]  transcript to show that the judge ordered it
[01:56:48.240 --> 01:56:53.040]  stricken but on appeal a strikeout can be challenged that it
[01:56:53.040 --> 01:56:55.680]  wasn't appropriate it was abuse of discretion
[01:56:55.680 --> 01:57:00.000]  by the trial court judge but if the court reporter
[01:57:00.000 --> 01:57:04.720]  omits it from the record she's committed a crime
[01:57:05.600 --> 01:57:09.920]  and that's got to stop and we need to be able to document it
[01:57:09.920 --> 01:57:14.240]  absolutely i was i was in austin on a ticket
[01:57:14.240 --> 01:57:19.920]  and before the court started i asked the judge if i could ask the court reporter
[01:57:19.920 --> 01:57:23.040]  a question and he said well certainly i asked the
[01:57:23.040 --> 01:57:28.320]  court reporter do you have any hearing issues
[01:57:28.320 --> 01:57:31.360]  well no why would you say that i said well
[01:57:31.360 --> 01:57:36.560]  i have experience with court reporters that they tend to have selective hearing
[01:57:36.560 --> 01:57:41.920]  laws do you have any selective hearing laws
[01:57:41.920 --> 01:57:49.280]  and she was furious and the reason she was furious because
[01:57:49.280 --> 01:57:55.200]  was because i was right she knew exactly what i was talking about
[01:57:55.200 --> 01:58:00.400]  the judge says something stupid it somehow doesn't get in the record
[01:58:00.400 --> 01:58:04.080]  or does something really inappropriate it just seems to disappear from the
[01:58:04.080 --> 01:58:07.280]  record so they tend to have selective hearing
[01:58:07.280 --> 01:58:10.880]  laws but we are out of time the last order
[01:58:10.880 --> 01:58:15.200]  the last word for that is if anybody has a transcript like that you can ask the
[01:58:15.200 --> 01:58:21.440]  reporter to correct it write down verbatim indicate that there were omissions
[01:58:21.840 --> 01:58:25.680]  that's what you always do to any mistake made in court
[01:58:25.680 --> 01:58:28.720]  okay we are out of time this is randy captain
[01:58:28.720 --> 01:58:32.560]  we have our radio here with kit magnuson thank you all for listening
[01:58:32.560 --> 01:58:36.160]  we will all be back next week and i apologize for the
[01:58:36.160 --> 01:58:41.760]  archive yesterday we will try to avoid those at all costs thank you all for
[01:58:41.760 --> 01:58:45.760]  listening
[01:58:50.320 --> 01:58:53.760]  bibles for america is offering absolutely free
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[01:59:51.120 --> 02:00:07.120]  looking for some truth you found it logosradio network.com