ROL_2015-08-14_16k_Hr1-2.timecode

[00:00.000 --> 00:05.000]  The following newsflash is brought to you by the Lone Star Lowdown.
[00:05.000 --> 00:08.000]  Providing the daily bulletins for the commodity market.
[00:08.000 --> 00:10.000]  Today in history.
[00:10.000 --> 00:12.000]  News updates.
[00:12.000 --> 00:16.000]  And the inside scoop into the tides of the alternative.
[00:21.000 --> 00:27.000]  Markets for the 11th of August 2015 opened up with gold at $1,108.78 an ounce.
[00:27.000 --> 00:30.000]  Silver $15.32 an ounce.
[00:30.000 --> 00:33.000]  Texas crude $44.96 a barrel.
[00:33.000 --> 00:37.000]  And Bitcoin is currently sitting at about $270 U.S. currency.
[00:43.000 --> 00:44.000]  Today in history.
[00:44.000 --> 00:46.000]  Monday, August 11, 2003.
[00:46.000 --> 00:52.000]  A heat wave in Paris, France results in temperatures rising to 112 degrees Fahrenheit.
[00:52.000 --> 00:54.000]  Leaving about 144 people dead.
[00:54.000 --> 00:58.000]  These temperatures pale in comparison to the whopping 136 degrees Fahrenheit.
[00:58.000 --> 01:03.000]  Reaching San Luis Potosi, Mexico on this day in 1933.
[01:07.000 --> 01:08.000]  In recent news.
[01:08.000 --> 01:12.000]  Verizon Wireless says that it has successfully tested its new technology.
[01:12.000 --> 01:17.000]  The Next Generation Passive Optical Network or NGPON2.
[01:17.000 --> 01:21.000]  Which delivers broadband speeds of up to 10 gigabytes per second.
[01:21.000 --> 01:24.000]  That's 10 times faster than the speeds of Google Fiber.
[01:24.000 --> 01:29.000]  Pretty fast considering that Google is already 100 times faster than the average broadband connection.
[01:29.000 --> 01:34.000]  The company says that by simply adding new colors of light onto the existing fiber network.
[01:34.000 --> 01:40.000]  It could possibly boost speeds as lightning fast as 40 to 80 gigabytes per second.
[01:46.000 --> 01:48.000]  Talk about a shotgun wedding.
[01:48.000 --> 01:53.000]  Justin Bundy 21 pleaded guilty on July 2 to assault with bodily injury.
[01:53.000 --> 01:56.000]  From a fistfight that he got into with the former boyfriend of his girlfriend.
[01:56.000 --> 01:59.000]  Elizabeth James back in February.
[01:59.000 --> 02:05.000]  Smith County Judge Randall Rogers gave him the choice between either two years of probation or 15 days in jail.
[02:05.000 --> 02:06.000]  What's the catch?
[02:06.000 --> 02:11.000]  Well apparently the probation terms included requiring Bundy to write out problems 2627.
[02:11.000 --> 02:15.000]  If a man digs a pit he will fall into it 25 times a day.
[02:15.000 --> 02:16.000]  And get this.
[02:16.000 --> 02:19.000]  The probation terms include getting married within 30 days.
[02:19.000 --> 02:24.000]  The couple had their state mandated wedding at City Hall on July 20.
[02:28.000 --> 02:31.000]  The Cryptoshow.com is hosting a free Ross Appeal fundraiser.
[02:31.000 --> 02:37.000]  Ross Olbert was sentenced to life in prison for his alleged role in the dark web Silk Road online platform.
[02:37.000 --> 02:40.000]  Many great items will be auctioned off for Ross's legal appeal.
[02:40.000 --> 02:48.000]  The event is scheduled for the 15th of August 6 to 10 p.m. at the Brave New Bookstore off of Guadalupe and Martin Luther King in Austin, Texas.
[02:48.000 --> 02:52.000]  For more information please visit the Cryptoshow.com.
[02:52.000 --> 03:07.000]  This has been your Lowdown for August 11, 2013.
[03:22.000 --> 03:29.000]  Okay, howdy, howdy.
[03:29.000 --> 03:31.000]  This is Randy Kelton.
[03:31.000 --> 03:40.000]  Beautiful Radio on this Friday the 14th day of August 2015.
[03:40.000 --> 03:46.000]  And I have something interesting going on to talk about right now.
[03:46.000 --> 03:53.000]  I was just sent a copy of the Texas Ranger Act.
[03:53.000 --> 04:17.000]  We talked on this show about how it is our position that a public integrity unit for a prosecuting attorney is legal.
[04:17.000 --> 04:30.000]  Because Article 2.03 Code of Criminal Procedure directs a prosecutor when he's made known that a public official has violated a law relating to his office,
[04:30.000 --> 04:34.000]  to reduce the complaint to an information submitted to the grand jury.
[04:34.000 --> 04:38.000]  It takes away any discretion in the matter.
[04:38.000 --> 04:59.000]  So Ron Hurl put together these public integrity units and he was accused of using the public integrity unit as a way of going after his political opponents.
[04:59.000 --> 05:03.000]  He used the public integrity unit to go after the governor.
[05:03.000 --> 05:25.000]  And apparently in order to eliminate that issue, they changed the law so that the public integrity unit would essentially be eliminated and replaced by the Texas Rangers.
[05:25.000 --> 05:35.000]  Now prior to this, I've been kind of hard on the Rangers because I accused them of being worthless.
[05:35.000 --> 05:41.000]  Texas Rangers are part of the Department of Public Safety.
[05:41.000 --> 05:47.000]  And Texas Rangers were put in place to do investigations.
[05:47.000 --> 05:51.000]  They weren't exactly law enforcement officers.
[05:51.000 --> 05:54.000]  And that was because they couldn't be.
[05:54.000 --> 06:03.000]  According to the administration code, administrative code that created the Department of Public Safety,
[06:03.000 --> 06:18.000]  it specifically stated that Department of Public Safety personnel could not enforce the criminal law except at the request of and under the direction of local law enforcement.
[06:18.000 --> 06:29.000]  They were intended to be traffic cops, but they included the Texas Rangers as a form of state police.
[06:29.000 --> 06:38.000]  But when they made this change, the Texas Rangers stopped being a policing agency and all they did was investigation.
[06:38.000 --> 06:49.000]  But until this time, before a Texas Ranger could investigate an accusation or complaint against a public official,
[06:49.000 --> 06:57.000]  he had to get permission from the director of the Department of Public Safety himself.
[06:57.000 --> 07:08.000]  So essentially, I've talked to a couple of Texas Rangers and I was in Stephenville.
[07:08.000 --> 07:18.000]  And Texas Ranger approached me and I asked him who he was and he said he was Sam Watson.
[07:18.000 --> 07:22.000]  I believe, I forget his name now, it's been so long.
[07:22.000 --> 07:26.000]  Oh, Hudson, Hudson, Sam Hudson.
[07:26.000 --> 07:29.000]  I said, well, who the heck is Sam Hudson?
[07:29.000 --> 07:32.000]  Well, I'm a local Texas Ranger.
[07:32.000 --> 07:35.000]  Oh, you're a Texas Ranger, then you're worthless.
[07:35.000 --> 07:38.000]  I can't use you, you're dismissed.
[07:38.000 --> 07:41.000]  Well, he got real excited about that.
[07:41.000 --> 07:44.000]  But he was worthless.
[07:44.000 --> 07:50.000]  I was making accusations and that's what I told him, I'm making accusations against public officials.
[07:50.000 --> 07:58.000]  You're a Texas Ranger, you can't investigate an accusation against a public official without the permission of the director himself.
[07:58.000 --> 08:03.000]  So you're not worth anything to me, you can go, you're dismissed.
[08:03.000 --> 08:07.000]  Instead of being dismissed, he threw me out the courthouse.
[08:07.000 --> 08:10.000]  I guess I heard his feelings.
[08:10.000 --> 08:19.000]  But sorry, Bubba, Texas Rangers were up until this point, essentially worthless.
[08:19.000 --> 08:34.000]  This new statute that takes effect in September changes the act that created the Public Integrity Unit.
[08:34.000 --> 08:44.000]  I haven't read it yet, but I understand the gist of it is it replaces the Public Integrity Unit with the Texas Rangers.
[08:44.000 --> 08:49.000]  But I'll go over some of the beginning of it a little bit.
[08:49.000 --> 08:53.000]  Before the record, our call lines are open.
[08:53.000 --> 08:57.000]  I call in number 512-646-1984.
[08:57.000 --> 08:59.000]  We'll keep them open all night.
[08:59.000 --> 09:10.000]  We'll be right back.
[09:10.000 --> 09:15.000]  Hmm.
[09:15.000 --> 09:16.000]  This is interesting.
[09:16.000 --> 09:19.000]  I'm not sure if I'm still on or not.
[09:19.000 --> 09:22.000]  My system should have given me a beep.
[09:22.000 --> 09:25.000]  My clock rotated around.
[09:25.000 --> 09:29.000]  I'm really not sure what my clock is doing.
[09:29.000 --> 09:31.000]  It's showing I still have seven minutes.
[09:31.000 --> 09:34.000]  It just showed I had two seconds.
[09:34.000 --> 09:39.000]  So since I didn't hear the beep, I'm going to assume I still got seven minutes.
[09:39.000 --> 09:42.000]  Oh, my producer's telling me I've got seven minutes.
[09:42.000 --> 09:43.000]  Good.
[09:43.000 --> 09:44.000]  Okay.
[09:44.000 --> 09:46.000]  I'm going to go through this.
[09:46.000 --> 09:53.000]  I haven't read this yet, so I want to kind of go through it with you on the air as we look at it.
[09:53.000 --> 09:58.000]  It starts out with a bunch of definitions.
[09:58.000 --> 10:04.000]  Offense means a prohibited act of which a state law imposes a criminal civil penalty.
[10:04.000 --> 10:08.000]  Prosecutor attorney means a district attorney, criminal district attorney, or county attorney.
[10:08.000 --> 10:13.000]  State agency means a department, commission, board, office, council, authority,
[10:13.000 --> 10:19.000]  or other agency in the executive branch of government that is created by the Constitution
[10:19.000 --> 10:24.000]  or a statute of this state including the university system
[10:24.000 --> 10:31.000]  or institution of higher education as defined by Section 61003 Education Code.
[10:31.000 --> 10:33.000]  That is interesting.
[10:33.000 --> 10:41.000]  State employee means an individual other than a state officer who is employed by a state agency,
[10:41.000 --> 10:46.000]  the Supreme Court of Texas, the Court of Criminal Appeals of Texas,
[10:46.000 --> 10:52.000]  a court of appeals, or the Texas Judicial Council.
[10:52.000 --> 10:56.000]  Something I'm looking for is state officer.
[10:56.000 --> 10:58.000]  I haven't seen that yet.
[10:58.000 --> 11:05.000]  Okay, or either House of the Legislature or the HACG Council Committee,
[11:05.000 --> 11:11.000]  including the Legislative Budget Board, Texas Legislative Council, State Auditor's Office,
[11:11.000 --> 11:14.000]  and Legislative Reference Library.
[11:14.000 --> 11:22.000]  State officer means an elected officer, an appointed officer,
[11:22.000 --> 11:28.000]  a salaried appointed officer, an appointed officer of a mayor,
[11:28.000 --> 11:34.000]  major state agency, or the executive head of a state agency.
[11:34.000 --> 11:42.000]  Ken and I have had some discussions concerning what constitutes an officer,
[11:42.000 --> 11:50.000]  and this will be a definitive definition that we can use in other places.
[11:50.000 --> 11:55.000]  Okay, now we go to the statute itself.
[11:55.000 --> 11:59.000]  Offense in public administration.
[11:59.000 --> 12:09.000]  For purposes of this subchapter, the following are offenses against public administration.
[12:09.000 --> 12:16.000]  An offense under Title 8, penal code, committed by a state officer or a state employee
[12:16.000 --> 12:22.000]  in connection with the powers and duties of the state office or the state employee.
[12:22.000 --> 12:25.000]  Title 8.
[12:25.000 --> 12:28.000]  I never look at these things by title.
[12:28.000 --> 12:34.000]  I'll have to look up what Title 8 of the penal code.
[12:34.000 --> 12:38.000]  8, Texas.
[12:38.000 --> 12:41.000]  Give me a second here. Okay, Title 8.
[12:41.000 --> 12:44.000]  Oh, okay, it's what you would expect it to be.
[12:44.000 --> 12:50.000]  It's Chapter, Title 8, offenses against public administration.
[12:50.000 --> 12:57.000]  Okay, that would be, start with Chapter 36, 37, 38, and 39.
[12:57.000 --> 12:59.000]  That's what Title 8 is.
[12:59.000 --> 13:00.000]  Okay.
[13:00.000 --> 13:06.000]  An offense under Title 8, penal code, committed by a state officer or a state employee
[13:06.000 --> 13:14.000]  in connection with the powers and duties of the state office or state employee.
[13:14.000 --> 13:19.000]  An offense under this, under Section 301, let me back up.
[13:19.000 --> 13:27.000]  Offenses against public administration for purposes of this subchapter.
[13:27.000 --> 13:33.000]  Okay, so some of these may not necessarily be defined in the penal code
[13:33.000 --> 13:37.000]  under offenses against public administration.
[13:37.000 --> 13:44.000]  Some are defined in other places, which expands our reach, you and I as citizens.
[13:44.000 --> 13:48.000]  Now we get to take these guys to the Texas Rangers
[13:48.000 --> 13:52.000]  instead of the police department that's beholding to them.
[13:52.000 --> 13:58.000]  Okay, an offense against public administration for purposes of this chapter.
[13:58.000 --> 14:02.000]  The following are offenses against public administration.
[14:02.000 --> 14:06.000]  An offense under Title 8, penal code committed by a state officer,
[14:06.000 --> 14:12.000]  a state employee in connection with the powers and duties of the state office
[14:12.000 --> 14:14.000]  or state employee.
[14:14.000 --> 14:24.000]  An offense under Chapter 301, 302, 571, 572, or 2004 committed by a state officer
[14:24.000 --> 14:28.000]  or a state employee in connection with the powers and duties of the state office
[14:28.000 --> 14:33.000]  or state employment or by a candidate for state office.
[14:33.000 --> 14:37.000]  I'm going to look that up and I'm going to bet that comes under election code.
[14:37.000 --> 14:40.000]  I'll look it up on the break.
[14:40.000 --> 14:45.000]  An offense under Chapter 573 committed by an officer in connection with the powers
[14:45.000 --> 14:48.000]  and duties of the state office.
[14:48.000 --> 14:55.000]  An officer under Title 15, election code committed in connection with the campaign
[14:55.000 --> 15:02.000]  for the holding of the state office and election on a proposed constitutional amendment.
[15:02.000 --> 15:05.000]  Public integrity unit.
[15:05.000 --> 15:11.000]  The Texas Rangers Division of the department shall establish and support
[15:11.000 --> 15:14.000]  a public integrity unit.
[15:14.000 --> 15:20.000]  On receiving a formal or informal complaint regarding an offense
[15:20.000 --> 15:26.000]  against public administration or on request of a prosecuting attorney
[15:26.000 --> 15:33.000]  or law enforcement agency, the public integrity unit may perform an initial investigation
[15:33.000 --> 15:39.000]  into whether a person has committed an offense against public administration.
[15:39.000 --> 15:45.000]  The Texas Rangers Division of the department shall establish
[15:45.000 --> 15:50.000]  and support a public integrity unit.
[16:15.000 --> 16:30.000]  Thank you.
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[20:30.000 --> 20:33.000]  I'm trying to rewrite history, but they got caught.
[20:33.000 --> 20:35.000]  Now them guys got to bleed.
[20:35.000 --> 20:41.000]  Looks like justice.
[20:41.000 --> 20:48.000]  Looks like justice.
[20:48.000 --> 21:15.000]  Yeah, yeah.
[21:15.000 --> 21:33.000]  Why did you want to stay with false and misleading
[21:33.000 --> 21:37.000]  as opposed to fraud or fraudulent?
[21:37.000 --> 21:41.000]  Because one of the things that we have seen, unfortunately,
[21:41.000 --> 21:47.000]  is almost the very instant somebody puts the word fraud or fraudulent
[21:47.000 --> 21:56.000]  in an FDCPA action, the court will shift over to Rule 9b writing for a complaint,
[21:56.000 --> 22:02.000]  and it doesn't have it, and the case will be dismissed for failure to state a claim.
[22:02.000 --> 22:06.000]  Those are the biggies right there.
[22:06.000 --> 22:13.000]  Well, for me it's kind of difficult because that explains why all of my suits
[22:13.000 --> 22:19.000]  that I thought were so great have been tossed on 12b6,
[22:19.000 --> 22:26.000]  because we did just exactly what you just indicated we should not have done.
[22:26.000 --> 22:29.000]  We moved them from Rule 8 to Rule 9.
[22:29.000 --> 22:39.000]  At the same time, Randy, look at the difference between me saying it and who is saying it.
[22:39.000 --> 22:44.000]  Here you've got a case of a judge saying it, and in the other words,
[22:44.000 --> 22:47.000]  it was just me, and what do I know?
[22:47.000 --> 22:49.000]  I'm just like you.
[22:49.000 --> 22:56.000]  I'm a litigator, but I have no acknowledged authority.
[22:56.000 --> 23:00.000]  That is, I don't have something like a judge preceding my name.
[23:00.000 --> 23:03.000]  That really wasn't it.
[23:03.000 --> 23:08.000]  It was that somehow I didn't understand it.
[23:08.000 --> 23:12.000]  It didn't click in my brain, the difference.
[23:12.000 --> 23:23.000]  When you made the reference to Rule 8 shifting to Rule 9, that's when the light came on.
[23:23.000 --> 23:26.000]  Okay, folks, my apology.
[23:26.000 --> 23:33.000]  I don't know what went wrong there, but something flaked us out here.
[23:33.000 --> 23:37.000]  I think we're back up and working for the top.
[23:37.000 --> 23:41.000]  What you heard during the interim is when we get a crash like this,
[23:41.000 --> 23:46.000]  we put in an archive so we can go to the last show that we've done.
[23:46.000 --> 23:57.000]  Okay, when I went out before I crashed and burned, I was reading the Texas Rangers Act.
[23:57.000 --> 24:03.000]  I won't bore you by reading all the rest of it, but I assure you,
[24:03.000 --> 24:09.000]  I will be studying this in great detail.
[24:09.000 --> 24:15.000]  I see this as a major improvement.
[24:15.000 --> 24:22.000]  Now we have a state agency singularly charged with the responsibility
[24:22.000 --> 24:26.000]  of investigating public officials.
[24:26.000 --> 24:32.000]  Part of the problem with that is going to be that these agencies,
[24:32.000 --> 24:37.000]  the Texas Rangers is a part of the Department of Public Safety,
[24:37.000 --> 24:46.000]  and they're going to be very strongly affected by the politicians in Austin.
[24:46.000 --> 24:52.000]  It's going to be hard to get them to do an effective investigation
[24:52.000 --> 24:58.000]  of a high-level public official,
[24:58.000 --> 25:11.000]  but they're not going to be quite so reluctant to throw some low-level, local, yokel, chump judge under the bus.
[25:11.000 --> 25:21.000]  When I talked to Ken Magnuson about his brother, who was for a long time a municipal judge,
[25:21.000 --> 25:30.000]  he was under the impression that the State Commission on Judicial Conduct
[25:30.000 --> 25:39.000]  would throw municipal judges and justices of peace who are considered inferior courts
[25:39.000 --> 25:44.000]  because they don't necessarily have to have a lawyer as the judge.
[25:44.000 --> 25:49.000]  He felt like he had thrown them under the bus in a heartbeat.
[25:49.000 --> 25:58.000]  And in studying the records of judicial conduct complaints, they're right, they will.
[25:58.000 --> 26:11.000]  So what I see this is doing is putting low-level judges or judges in smaller counties,
[26:11.000 --> 26:21.000]  like outside the major metropolises, in a position to where they never know when they're going to get thrown under the bus
[26:21.000 --> 26:30.000]  just as a token gesture of the Rangers to show that they're doing their jobs.
[26:30.000 --> 26:38.000]  We seem to be having some issues. I'm not sure if I'm on or not.
[26:38.000 --> 26:46.000]  So I'm going to go to George in New York before I spend a whole hour yanking about the Texas Rangers.
[26:46.000 --> 26:50.000]  I don't want to keep George holding too long. George, are you there?
[26:50.000 --> 26:52.000]  Yes, how are you doing?
[26:52.000 --> 26:56.000]  Oh, good. It's good to hear your voice.
[26:56.000 --> 27:01.000]  You know, I do this show and I sit here and I speak to air.
[27:01.000 --> 27:07.000]  And sometimes my system gets a little flaky and I wasn't sure if I was speaking to air or not.
[27:07.000 --> 27:08.000]  I think I was there.
[27:08.000 --> 27:12.000]  Okay, George, what do you have for us today?
[27:12.000 --> 27:15.000]  I'm a writer for CalgaryNation.com.
[27:15.000 --> 27:20.000]  And I've been following the case of Ken Holvind and now Paul Hanson.
[27:20.000 --> 27:23.000]  I don't know if you're aware of it.
[27:23.000 --> 27:26.000]  CalgaryNation.
[27:26.000 --> 27:31.000]  No, Calgary, C-O-W-G-E-R.
[27:31.000 --> 27:32.000]  CalgaryNation.com.
[27:32.000 --> 27:39.000]  I don't know if you're aware of the Ken Holvind and Paul Hanson cases.
[27:39.000 --> 27:42.000]  No.
[27:42.000 --> 27:47.000]  Give us a brief kind of orientation on what those cases are.
[27:47.000 --> 27:49.000]  It's a little bit hard to be brief on this.
[27:49.000 --> 27:54.000]  But I will say that I would like to inform your listeners if anyone's interested,
[27:54.000 --> 27:59.000]  they can go to CalgaryNation.com and search Paul Hanson.
[27:59.000 --> 28:01.000]  And I just posted a story on him.
[28:01.000 --> 28:04.000]  It's quite a complicated case, so it's a little hard to be brief.
[28:04.000 --> 28:07.000]  What is the nature of the case?
[28:07.000 --> 28:11.000]  Bankruptcy, criminal, starts?
[28:11.000 --> 28:16.000]  It's a good Samaritan to the aid of a Baptist minister,
[28:16.000 --> 28:18.000]  and he filed some legal notices for him.
[28:18.000 --> 28:22.000]  So the IRS and the federal government came down hard on him,
[28:22.000 --> 28:24.000]  and they charged him with mail fraud,
[28:24.000 --> 28:28.000]  even though there was no fraud involved in the mailing of the letters.
[28:28.000 --> 28:32.000]  And they got him for contempt with court.
[28:32.000 --> 28:39.000]  And basically on the 21st of this month, August, is his sentencing date,
[28:39.000 --> 28:42.000]  and the prosecution is looking to throw six years and three months at him.
[28:42.000 --> 28:45.000]  He's already served 10 months in jail.
[28:45.000 --> 28:49.000]  He was denied bail before he even got to the night,
[28:49.000 --> 28:54.000]  and he was absent around seven weeks in different federal...
[28:54.000 --> 28:58.000]  They were decilling him.
[28:58.000 --> 29:00.000]  They called that decilling.
[29:00.000 --> 29:07.000]  They did that to travisant a congressman for, I forget, a long time, a year or so.
[29:07.000 --> 29:12.000]  Even when the Supreme ordered them to produce him, they didn't.
[29:12.000 --> 29:20.000]  So what did he do that got him after him so much?
[29:20.000 --> 29:22.000]  Yeah.
[29:22.000 --> 29:29.000]  What was the nature of the actions he filed that got the IRS so upset?
[29:29.000 --> 29:36.000]  Well, the IRS and the court involved,
[29:36.000 --> 29:41.000]  so the prosecution involved, told him to stop contesting seized property
[29:41.000 --> 29:46.000]  that they had seized as IRS...
[29:46.000 --> 29:48.000]  Okay, hang on. We're about to go to break.
[29:48.000 --> 29:53.000]  Randy Kelton, Rule of Law Radio, I'll call it number 512-646-1984.
[29:53.000 --> 30:03.000]  We'll be right back.
[30:03.000 --> 30:06.000]  Lawmakers like to boast about how popular they are on Twitter,
[30:06.000 --> 30:10.000]  but a new study reveals a huge chunk of their followers are phony.
[30:10.000 --> 30:13.000]  I'm Dr. Catherine Albrecht, and I'll pull back the curtain
[30:13.000 --> 30:18.000]  on our tweeting wizards in Congress right after this.
[30:43.000 --> 30:50.000]  Did you know Congress, at least on Twitter, is popular with ghosts?
[30:50.000 --> 30:53.000]  A new study shows huge numbers of Twitter accounts
[30:53.000 --> 30:56.000]  following politicians are in fact fake.
[30:56.000 --> 31:00.000]  A digital marketing firm found that around 40% of everyone
[31:00.000 --> 31:03.000]  following House and Senate members were phonies.
[31:03.000 --> 31:07.000]  Congressman Jared Polis of Colorado was the biggest Twitter cheat.
[31:07.000 --> 31:10.000]  82% of his followers were bogus,
[31:10.000 --> 31:15.000]  followed by John McCain and Nancy Pelosi at 73%.
[31:15.000 --> 31:17.000]  No one taught Newt Gingrich, though.
[31:17.000 --> 31:22.000]  During his presidential run, 92% of Newt's followers were ghosts,
[31:22.000 --> 31:24.000]  and in the end, it showed.
[31:24.000 --> 31:26.000]  I'm Dr. Catherine Albrecht for StartPage.com,
[31:26.000 --> 31:31.000]  the world's most private search engine.
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[31:58.000 --> 32:01.000]  Only at HempUSA.org.
[32:01.000 --> 32:06.000]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:06.000 --> 32:08.000]  In today's America, we live in an us-against-them society,
[32:08.000 --> 32:10.000]  and if we the people are ever going to have a free society,
[32:10.000 --> 32:13.000]  then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:16.000]  Among those rights are the right to travel freely from place to place,
[32:16.000 --> 32:18.000]  the right to act in our own private capacity,
[32:18.000 --> 32:20.000]  and most importantly, the right to due process of law.
[32:20.000 --> 32:23.000]  Traffic courts afford us the least expensive opportunity to learn
[32:23.000 --> 32:26.000]  how to enforce and preserve our rights through due process.
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[32:29.000 --> 32:32.000]  has put together the most comprehensive teaching tool available
[32:32.000 --> 32:34.000]  that will help you understand what due process is
[32:34.000 --> 32:36.000]  and how to hold the courts to the rule of law.
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[32:38.000 --> 32:41.000]  by going to ruleoflawradio.com and ordering your copy today.
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[33:05.000 --> 33:16.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:16.000 --> 33:29.000]  Okay, we are back, Randy Kelton, the Rule of Law Radio,
[33:29.000 --> 33:38.000]  and we're talking to George in New York, and George is on use.
[33:38.000 --> 33:42.000]  Okay, this guy was challenging seized property.
[33:42.000 --> 33:44.000]  What was the nature of the seized property?
[33:44.000 --> 33:48.000]  Was it seized from the church?
[33:48.000 --> 33:49.000]  Yes.
[33:49.000 --> 33:53.000]  It was nine parcels of land in Pensacola, Florida,
[33:53.000 --> 33:56.000]  and that was to pay for a judgment.
[33:56.000 --> 34:03.000]  So the man didn't have the pastor there, didn't have the $430,000 judgment,
[34:03.000 --> 34:08.000]  so they decided to seize his church's property,
[34:08.000 --> 34:11.000]  which was nine parcels of land, and sell it.
[34:11.000 --> 34:18.000]  So Paul Hanson had some expertise in real estate trusts and this kind of nature,
[34:18.000 --> 34:21.000]  and he got in contact with the Creation Science Ministries,
[34:21.000 --> 34:27.000]  the ministry that Ken Hoeven was the pastor of, and he became a trustee.
[34:27.000 --> 34:31.000]  He wound up becoming a trustee, and then he started doing legal matters with them.
[34:31.000 --> 34:36.000]  Then he wound up receiving a letter, a notice, that it could be held in civil contempt,
[34:36.000 --> 34:40.000]  and criminal charges would be pressed against him if he threatened the judge
[34:40.000 --> 34:42.000]  or did this or did that.
[34:42.000 --> 34:46.000]  And they said that it was kind of a vague letter.
[34:46.000 --> 34:48.000]  On the one hand, they said it could be held in civil contempt,
[34:48.000 --> 34:51.000]  on the other hand, he was warning with all kinds of...
[34:51.000 --> 34:53.000]  He never threatened anybody or anything like that,
[34:53.000 --> 34:56.000]  but what he did do is he mailed a couple of list pendants,
[34:56.000 --> 35:00.000]  which is litigation pending, by bewares,
[35:00.000 --> 35:05.000]  to a real estate that was in charge of selling the trust and some lawyer.
[35:05.000 --> 35:09.000]  And the federal government or the IRS got wind of this,
[35:09.000 --> 35:11.000]  and they seized those letters,
[35:11.000 --> 35:15.000]  and they told them to come into Pensacola from Nebraska,
[35:15.000 --> 35:17.000]  because he was living in Nebraska at the time.
[35:17.000 --> 35:19.000]  He didn't come in.
[35:19.000 --> 35:23.000]  They wanted him to testify and be fingerprinted
[35:23.000 --> 35:25.000]  and have handwriting analysis done of him,
[35:25.000 --> 35:28.000]  and he said, what authority do you have to bring me in there?
[35:28.000 --> 35:30.000]  So he didn't follow the subpoena.
[35:30.000 --> 35:34.000]  Then they wound up SWAT teaming him in his house in Nebraska,
[35:34.000 --> 35:36.000]  and he was in jail ever since.
[35:36.000 --> 35:37.000]  He's been in jail for 10 months.
[35:37.000 --> 35:41.000]  That happened, that SWAT team arrest occurred on October 23rd,
[35:41.000 --> 35:45.000]  and they brought up ridiculous charges such as mouse fraud,
[35:45.000 --> 35:47.000]  and I was at the trial.
[35:47.000 --> 35:52.000]  They presented these list pendants, which he signed and notarized,
[35:52.000 --> 35:56.000]  and he wasn't trying to say that there was nothing fraudulent about them,
[35:56.000 --> 36:00.000]  but they were trying to stretch a charge, misapply charges, you know what I mean?
[36:00.000 --> 36:02.000]  Okay, the list pendants.
[36:02.000 --> 36:03.000]  Testify.
[36:03.000 --> 36:11.000]  What was the underlying action on which the list pendants was based?
[36:11.000 --> 36:15.000]  He was contesting the seized property that the government seized,
[36:15.000 --> 36:19.000]  the nine parcels of land from Croatian science ministers.
[36:19.000 --> 36:23.000]  Okay, this sounds like he may have missed something.
[36:23.000 --> 36:29.000]  In order to effectively file a list pendants,
[36:29.000 --> 36:35.000]  he must have an action filed against him.
[36:35.000 --> 36:40.000]  We had the Republic of Texas and some other patriot groups running around
[36:40.000 --> 36:48.000]  filing liens against public officials without an underlying support.
[36:48.000 --> 36:53.000]  Technically, what they were doing was within the letter of law,
[36:53.000 --> 36:56.000]  but not within the intent of law.
[36:56.000 --> 37:00.000]  We had Robert Fox.
[37:00.000 --> 37:02.000]  Most people, a lot of people know him.
[37:02.000 --> 37:08.000]  He had two guys call me when I was doing some seminars in North Carolina,
[37:08.000 --> 37:12.000]  and they had been in charge of mail fraud.
[37:12.000 --> 37:14.000]  And I asked, well, what was the nature of the case?
[37:14.000 --> 37:19.000]  Well, we filed a lien against a public official.
[37:19.000 --> 37:21.000]  Well, who was the public official?
[37:21.000 --> 37:24.000]  Well, he was a justice in peace.
[37:24.000 --> 37:29.000]  Well, how much was the lien for?
[37:29.000 --> 37:33.000]  Eleven trillion.
[37:33.000 --> 37:39.000]  Oh, and what was the nature of the underlying cause?
[37:39.000 --> 37:42.000]  Trassic.
[37:42.000 --> 37:45.000]  What were you thinking, guys?
[37:45.000 --> 37:52.000]  Did you really think that these guys would lay down and roll over if you're doing this?
[37:52.000 --> 37:56.000]  And they asked, well, what's likely to happen?
[37:56.000 --> 37:58.000]  I said, oh, you'll win.
[37:58.000 --> 37:59.000]  I said, we will?
[37:59.000 --> 38:02.000]  Oh, yeah, yeah, you'll win the case.
[38:02.000 --> 38:06.000]  You may beat the time, but you won't beat the ride.
[38:06.000 --> 38:10.000]  And I have no doubt they're giving your guy a ride.
[38:10.000 --> 38:11.000]  He'll beat the case.
[38:11.000 --> 38:14.000]  I had just come from a guy in Asheville, North Carolina,
[38:14.000 --> 38:18.000]  that was charged by the IRS with enough charges,
[38:18.000 --> 38:25.000]  or not the IRS, with the Justice Department, to put him in prison for 160 years.
[38:25.000 --> 38:26.000]  And he beat them all.
[38:26.000 --> 38:33.000]  Yeah, that's coming at you with 90 charges, so hopefully something will stick.
[38:33.000 --> 38:37.000]  You're saying they came after him with 90 charges?
[38:37.000 --> 38:44.000]  They came after Ken Holbein with close to 100 different counts, yeah.
[38:44.000 --> 38:46.000]  And him, I was at his trial.
[38:46.000 --> 38:48.000]  They threw a lot.
[38:48.000 --> 38:50.000]  It wasn't that there were so many charges against him.
[38:50.000 --> 38:51.000]  There was five charges against him.
[38:51.000 --> 38:57.000]  He beat two of them, one of them they couldn't come to an agreement on.
[38:57.000 --> 38:59.000]  No, he beat one of them, I'm sorry.
[38:59.000 --> 39:03.000]  The two of them, they couldn't agree to agree, so it was hung on nose.
[39:03.000 --> 39:08.000]  And two of them, the criminal contempt charges he was found guilty on.
[39:08.000 --> 39:14.000]  So he beat the fraud, or he got hung on a mail fraud and a conspiracy to mail fraud,
[39:14.000 --> 39:17.000]  and he got found guilty on the criminal contempt.
[39:17.000 --> 39:23.000]  Okay, but he may have a problem because when you get a subpoena,
[39:23.000 --> 39:26.000]  you can't just ignore the court.
[39:26.000 --> 39:32.000]  If you want to not get charged with criminal contempt, you've got to go after the subpoena.
[39:32.000 --> 39:36.000]  Right, that's part of his problem, but I don't think he's being charged
[39:36.000 --> 39:39.000]  without answering his subpoena.
[39:39.000 --> 39:44.000]  What is the nature of the criminal contempt?
[39:44.000 --> 39:47.000]  The criminal contempt was for filing the Liz pendants,
[39:47.000 --> 39:49.000]  which as far as I know weren't a lien.
[39:49.000 --> 39:51.000]  They didn't stop to sell the property.
[39:51.000 --> 39:53.000]  They were just a notice.
[39:53.000 --> 39:56.000]  They would buy it, it would be where I noticed that if you buy this property,
[39:56.000 --> 40:01.000]  that it might be held up in litigation in the future or something like that.
[40:01.000 --> 40:08.000]  Okay, so you have to understand that I'm on your side.
[40:08.000 --> 40:17.000]  But I'm going to ask some questions that may make the waters a little murky.
[40:17.000 --> 40:26.000]  He filed a Liz pendants, and he interfered with someone who purportedly
[40:26.000 --> 40:30.000]  had control of a property of some value,
[40:30.000 --> 40:39.000]  and he attempted to interfere with their free and unhindered enjoyment of that property.
[40:39.000 --> 40:46.000]  Now, while Lizzy IRS, whoever it was, hadn't been an ordinary person,
[40:46.000 --> 40:53.000]  say a widow whose husband died, if someone, she's trying to sell her property to liquidate it
[40:53.000 --> 40:56.000]  so she can get her retirement money,
[40:56.000 --> 41:05.000]  and somebody comes in and files a Liz pendants to stop her from being able to sell her property,
[41:05.000 --> 41:10.000]  what would be her remedy?
[41:10.000 --> 41:17.000]  And how would that remedy be different than the remedy that the government used to get Mr. Guy?
[41:17.000 --> 41:20.000]  The thing is, they weren't fraudulent.
[41:20.000 --> 41:23.000]  He could definitely have the criminal contempt against them.
[41:23.000 --> 41:26.000]  I understand that.
[41:26.000 --> 41:30.000]  What constitutes a valid Liz pendants?
[41:30.000 --> 41:36.000]  In what state was it in? Florida?
[41:36.000 --> 41:42.000]  What constitutes a valid Liz pendants in Florida?
[41:42.000 --> 41:45.000]  I don't know all the intricacies of that.
[41:45.000 --> 41:47.000]  It is really important.
[41:47.000 --> 41:50.000]  I think he's the expert, not me.
[41:50.000 --> 41:54.000]  There's a lot of misconception out here in the patriot community
[41:54.000 --> 42:02.000]  about this come down because of a lot of guys out here preaching patriot mythologies,
[42:02.000 --> 42:07.000]  that they don't really understand how these things actually work.
[42:07.000 --> 42:13.000]  They think about how they believe they should work,
[42:13.000 --> 42:16.000]  but it doesn't always work that way.
[42:16.000 --> 42:20.000]  There was a foolish thing for him to mail that Liz pendants.
[42:20.000 --> 42:22.000]  I understand that perfectly.
[42:22.000 --> 42:27.000]  But the thing is, the punishment is what I'm really concerned with here.
[42:27.000 --> 42:30.000]  He's already done 10 months. He's been held without bail.
[42:30.000 --> 42:34.000]  He was acting as a good Samaritan. He was an unpaid trustee.
[42:34.000 --> 42:38.000]  And they're looking to give him six years and three months for mailing a letter.
[42:38.000 --> 42:41.000]  And there was no fraud in the letter, so they charged him with mail fraud.
[42:41.000 --> 42:43.000]  They also charged him with conspiracy to mail fraud.
[42:43.000 --> 42:46.000]  Because if you tell anybody you're going to mail a letter, all of a sudden you have a conspiracy.
[42:46.000 --> 42:52.000]  And I just think the punishment, it doesn't fit the crime if there was a crime.
[42:52.000 --> 43:00.000]  Okay. It sounds that way from our perspective.
[43:00.000 --> 43:05.000]  If the other side were a widow woman...
[43:05.000 --> 43:08.000]  Yeah, I'm a widow. So, you know, that's...
[43:08.000 --> 43:11.000]  Okay, where I'm trying to go here...
[43:11.000 --> 43:14.000]  We need some properties.
[43:14.000 --> 43:20.000]  We get angry at the government. That's what we do. We fight them.
[43:20.000 --> 43:26.000]  What I'm trying to get...
[43:26.000 --> 43:33.000]  Excuse me. What I'm trying to get you to do is step on the other side of the chessboard.
[43:33.000 --> 43:38.000]  So you can get a better feel for where they're at.
[43:38.000 --> 43:42.000]  And that will tell us better how to go after them.
[43:42.000 --> 43:47.000]  Well, I appreciate that. And, you know, technically he might have been on the wrong side.
[43:47.000 --> 43:50.000]  And I just think the punishment they're looking to give him is a little...
[43:50.000 --> 43:52.000]  Okay, wait, wait, wait. Hold on. I'm about to go to break.
[43:52.000 --> 43:53.000]  Okay, what I'm saying.
[43:53.000 --> 44:00.000]  Randy Felton with the Radio. Call it number 512-646-1984. We'll be right back.
[44:00.000 --> 44:11.000]  Hello. My name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by our store at 1904 Guadalupe Street, Sweet D.
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[46:14.000 --> 46:33.000]  Okay, we are back. Randy Kalkin, Rule of Law Radio, and we're talking to George in New York.
[46:33.000 --> 46:37.000]  And George, sometimes I'm difficult. I don't mean to be.
[46:37.000 --> 46:41.000]  But I take these guys on all the time.
[46:41.000 --> 46:49.000]  But I am extremely careful to ensure that I'm taking them on based on the letter of their own law.
[46:49.000 --> 46:56.000]  My producer, while we were talking, looked up the Les Pindes Statute for Florida.
[46:56.000 --> 47:05.000]  And let me read you something from 48.23 Florida statutes.
[47:05.000 --> 47:26.000]  An action in any of the state or federal courts in this state operates as a les pendence on any real or personal property involved therein or to be affected thereby only if a notice of les pendence is recorded in the office.
[47:26.000 --> 47:29.000]  This was my concern.
[47:29.000 --> 47:38.000]  He filed a les pendence when a les pendence wasn't valid yet.
[47:38.000 --> 47:43.000]  Now, les pendence means pending litigation.
[47:43.000 --> 47:47.000]  The problematic word there is pending.
[47:47.000 --> 47:52.000]  That doesn't mean that we're thinking about having some litigation.
[47:52.000 --> 48:00.000]  It means that litigation is in the court and pending an adjudication.
[48:00.000 --> 48:05.000]  So he filed a les pendence when one did not exist.
[48:05.000 --> 48:07.000]  That's why they went after him.
[48:07.000 --> 48:18.000]  He needed to file some kind of action against them, challenging in their position.
[48:18.000 --> 48:23.000]  So let's back up to the action.
[48:23.000 --> 48:52.000]  And one way he may either be able to get the case overthrown or mitigate the punishment is to show that there was at the time a viable claim against the IRS or whoever was trying to, I think it was the IRS that was trying to seize his property or an IRS lien.
[48:52.000 --> 48:55.000]  Oh, hold on, hold on just a second.
[48:55.000 --> 48:57.000]  I forgot to unmute you.
[48:57.000 --> 49:00.000]  I wondered why you were being so quiet there.
[49:00.000 --> 49:01.000]  Okay, go ahead.
[49:01.000 --> 49:02.000]  I've unmuted you.
[49:02.000 --> 49:04.000]  My bad.
[49:04.000 --> 49:07.000]  Well, no, I didn't.
[49:07.000 --> 49:08.000]  Hang on.
[49:08.000 --> 49:13.000]  I'm having a little problem getting my screen to respond.
[49:13.000 --> 49:14.000]  There you go.
[49:14.000 --> 49:15.000]  I think I hear you.
[49:15.000 --> 49:17.000]  Go ahead, George.
[49:17.000 --> 49:26.000]  Yeah, the underlying reason he was, the copy was taken away from Ken Holbein in the first place in CSU Ministries was for the crime of structuring.
[49:26.000 --> 49:29.000]  It just keeps, you know, it keeps going down a rabbit hole.
[49:29.000 --> 49:33.000]  And he didn't really do anything wrong.
[49:33.000 --> 49:36.000]  What they did is they misapplied these structuring charges to him.
[49:36.000 --> 49:41.000]  And then they said, oh, you don't have the money that you structured, so now that money's ours.
[49:41.000 --> 49:44.000]  So he said, either, man, I used it for the buildings here.
[49:44.000 --> 49:49.000]  And they went back three years, and they said, okay, here's your fine, $430,000.
[49:49.000 --> 49:50.000]  He said, I don't have it.
[49:50.000 --> 49:54.000]  He said, okay, we're taking all your property, and we're throwing you in jail for 10 years.
[49:54.000 --> 49:55.000]  Basically, that's what they did.
[49:55.000 --> 49:58.000]  And then along comes a good Samaritan, and they tried to help him out.
[49:58.000 --> 50:00.000]  Maybe he shouldn't have filed a list of pendants.
[50:00.000 --> 50:01.000]  I understand that.
[50:01.000 --> 50:04.000]  But now he's looking at six years and three months.
[50:04.000 --> 50:10.000]  And, you know, every time you jaywalk, it doesn't mean you should be going to jail for 10 years.
[50:10.000 --> 50:12.000]  You know, there's just really little stuff.
[50:12.000 --> 50:14.000]  There's just endless crimes here.
[50:14.000 --> 50:16.000]  And that's all I wanted to say.
[50:16.000 --> 50:21.000]  If anyone wants to read up on my articles, they can go to CalgaryNation.com, search Paul Hanson.
[50:21.000 --> 50:22.000]  And that's all I had to say.
[50:22.000 --> 50:23.000]  I want to thank you for your time.
[50:23.000 --> 50:24.000]  Okay.
[50:24.000 --> 50:25.000]  Okay.
[50:25.000 --> 50:30.000]  Will you spell CalgaryNation again to make sure we got it right?
[50:30.000 --> 50:36.000]  F-C-O-W-G-E-R, nation, commonspelling.com.
[50:36.000 --> 50:38.000]  And enter Paul Hanson in the search.
[50:38.000 --> 50:42.000]  Okay, I take it that's all NorthCase.com.
[50:42.000 --> 50:43.000]  Okay.
[50:43.000 --> 50:45.000]  Yeah, CalgaryNation.com.
[50:45.000 --> 50:47.000]  One word.
[50:47.000 --> 50:49.000]  Okay.
[50:49.000 --> 50:54.000]  The way the word sounds, I keep hearing Calgary, but it's actually Calger.
[50:54.000 --> 50:55.000]  CalgaryNation.
[50:55.000 --> 50:56.000]  Calger is his name.
[50:56.000 --> 50:59.000]  He's a young conservative male.
[50:59.000 --> 51:00.000]  And he's a teenager.
[51:00.000 --> 51:05.000]  He's the most listened to, conservative, teenage, conservative, talk show host in the country.
[51:05.000 --> 51:08.000]  Oh, interesting.
[51:08.000 --> 51:16.000]  So this CalgaryNation is a, he's not a party, he's a talk show host.
[51:16.000 --> 51:21.000]  Does he have a broadcast radio or talk show?
[51:21.000 --> 51:22.000]  I'm sorry?
[51:22.000 --> 51:26.000]  Does he have a broadcast or talk show?
[51:26.000 --> 51:27.000]  He has a broadcast.
[51:27.000 --> 51:34.000]  Sometimes he takes callers, but very often he does YouTube broadcast and once in a while he takes callers.
[51:34.000 --> 51:35.000]  Okay.
[51:35.000 --> 51:36.000]  Well, that's interesting.
[51:36.000 --> 51:44.000]  So if anybody's interested in learning more about this, go have a look at CalgaryNation.com.
[51:44.000 --> 51:45.000]  Okay.
[51:45.000 --> 51:49.000]  If he is a journalist, I take the journalist is not the one that's being put in there.
[51:49.000 --> 51:51.000]  Radio talk show host is not the one in prison.
[51:51.000 --> 51:52.000]  Is that correct?
[51:52.000 --> 51:53.000]  No, no, no.
[51:53.000 --> 51:54.000]  It's Paul Hanson.
[51:54.000 --> 51:55.000]  Just search Paul Hanson.
[51:55.000 --> 51:56.000]  Okay.
[51:56.000 --> 51:57.000]  So, okay, good.
[51:57.000 --> 52:01.000]  That's where I was going because CalgaryNation wouldn't be totally about that.
[52:01.000 --> 52:08.000]  So go to CalgaryNation.com and search Paul Hanson.
[52:08.000 --> 52:09.000]  That's correct.
[52:09.000 --> 52:10.000]  Okay.
[52:10.000 --> 52:12.000]  Well, thank you very much.
[52:12.000 --> 52:13.000]  Well, thank you.
[52:13.000 --> 52:14.000]  Thank you for your time.
[52:14.000 --> 52:15.000]  Have a good one.
[52:15.000 --> 52:16.000]  Okay.
[52:16.000 --> 52:22.000]  Now we're going to Craig in Louisiana.
[52:22.000 --> 52:24.000]  I think that's this Craig.
[52:24.000 --> 52:27.000]  Hello, Craig.
[52:27.000 --> 52:28.000]  Hello there.
[52:28.000 --> 52:32.000]  Okay, did I say your name right?
[52:32.000 --> 52:34.000]  Todd Craig, yes.
[52:34.000 --> 52:36.000]  Craig with an E, like Eddie Craig.
[52:36.000 --> 52:41.000]  I saw a couple of his videos like Eddie Craig, but Craig with an E.
[52:41.000 --> 52:42.000]  Okay.
[52:42.000 --> 52:47.000]  They got the, okay, they got C-R-A-G-I.
[52:47.000 --> 52:49.000]  They just typed it wrong in the database.
[52:49.000 --> 52:51.000]  That's why it's having trouble.
[52:51.000 --> 52:57.000]  But Louisiana, these coon asses, red bones, they got really strange names so you never
[52:57.000 --> 52:59.000]  know.
[52:59.000 --> 53:01.000]  I hear you.
[53:01.000 --> 53:07.000]  I had a sister out of Lake Charles, that married a guy out of Lake Charles, and it was a very
[53:07.000 --> 53:11.000]  interesting place.
[53:11.000 --> 53:15.000]  It was like going to another country.
[53:15.000 --> 53:17.000]  Okay.
[53:17.000 --> 53:21.000]  We have a question or comment for us.
[53:21.000 --> 53:23.000]  Yeah, well definitely a first comment.
[53:23.000 --> 53:27.000]  That was my first time on the air.
[53:27.000 --> 53:28.000]  Wait, wait, wait.
[53:28.000 --> 53:29.000]  Hold on.
[53:29.000 --> 53:34.000]  When you move the mouthpiece a little bit away from your mouth, your mic is distorting.
[53:34.000 --> 53:35.000]  Okay.
[53:35.000 --> 53:36.000]  How's that?
[53:36.000 --> 53:37.000]  A little bit better?
[53:37.000 --> 53:38.000]  Hey, let me pull this.
[53:38.000 --> 53:39.000]  I'm old.
[53:39.000 --> 53:41.000]  I don't hear as well as I used to.
[53:41.000 --> 53:42.000]  Sure.
[53:42.000 --> 53:46.000]  Well, I'm on my cell phone, so I hope that's not a major problem.
[53:46.000 --> 53:47.000]  Okay.
[53:47.000 --> 53:51.000]  Now you sound much better since I turned on the hearing aid.
[53:51.000 --> 53:57.000]  Okay, I just want to say thank you for having me on the Law Radio show and keep up with
[53:57.000 --> 53:58.000]  you all the doing.
[53:58.000 --> 54:06.000]  I found you all out through foreclosure fraud, and they gave me this information, so I called
[54:06.000 --> 54:08.000]  up concerning two things.
[54:08.000 --> 54:16.000]  I have a credit card case coming up in the court at the end of this month.
[54:16.000 --> 54:21.000]  I have that going on right now where they already summed me in.
[54:21.000 --> 54:22.000]  Okay.
[54:22.000 --> 54:23.000]  Hold on.
[54:23.000 --> 54:24.000]  Hold up.
[54:24.000 --> 54:25.000]  Credit card case.
[54:25.000 --> 54:32.000]  Have you sent a debt validation letter to the credit card company or to whoever the
[54:32.000 --> 54:33.000]  debt collector is?
[54:33.000 --> 54:34.000]  Yes, I did.
[54:34.000 --> 54:37.000]  This has speeded up and catch up.
[54:37.000 --> 54:43.000]  This will be my second time in court because when they first went, it's just for Discover
[54:43.000 --> 54:55.000]  the Card, and the debt collector, when they sent me the balance that I owed for Discover,
[54:55.000 --> 55:01.000]  I sent them a dispute letter with all the basic laws on there telling me to prove this,
[55:01.000 --> 55:07.000]  prove that, and they never answered, but they ended up bringing me into court.
[55:07.000 --> 55:14.000]  So I went into court pro se, and I still filed the dispute letters in court as well, and
[55:14.000 --> 55:17.000]  now they're trying to put a summary judgment on me.
[55:17.000 --> 55:18.000]  Okay.
[55:18.000 --> 55:19.000]  Hold on.
[55:19.000 --> 55:20.000]  Hold on.
[55:20.000 --> 55:21.000]  You went into court.
[55:21.000 --> 55:22.000]  Yes.
[55:22.000 --> 55:26.000]  Were you the plaintiff when you went into court or the defendant?
[55:26.000 --> 55:29.000]  I was the defendant.
[55:29.000 --> 55:30.000]  Okay.
[55:30.000 --> 55:37.000]  So if you filed a dispute letter and they did not respond to the dispute letter, did
[55:37.000 --> 55:42.000]  you file an answer to the original claim in the court?
[55:42.000 --> 55:44.000]  Yes, I did.
[55:44.000 --> 55:46.000]  Did you make a federal claim?
[55:46.000 --> 55:47.000]  Okay.
[55:47.000 --> 55:49.000]  Let me back up.
[55:49.000 --> 55:52.000]  Was this in a state court as opposed to federal?
[55:52.000 --> 55:53.000]  Yes.
[55:53.000 --> 55:56.000]  Yes, it was in the state court.
[55:56.000 --> 56:00.000]  Has the case been completely adjudicated?
[56:00.000 --> 56:02.000]  No, it's not.
[56:02.000 --> 56:05.000]  The case is complete.
[56:05.000 --> 56:08.000]  Wait a minute.
[56:08.000 --> 56:11.000]  I lost you there.
[56:11.000 --> 56:21.000]  In other words, they filed a semi-judgment on me, and I have to go to court at the end
[56:21.000 --> 56:23.000]  of this month.
[56:23.000 --> 56:24.000]  Okay.
[56:24.000 --> 56:25.000]  Hold on.
[56:25.000 --> 56:29.000]  They filed a summary judgment against you?
[56:29.000 --> 56:30.000]  Yes.
[56:30.000 --> 56:38.000]  For me, from a legal perspective, that doesn't make any sense.
[56:38.000 --> 56:44.000]  Did you get a ruling of summary judgment, or are you referring to a motion for summary
[56:44.000 --> 56:45.000]  judgment?
[56:45.000 --> 56:55.000]  It's a motion for summary judgment, and the judge at this point has not judged on it.
[56:55.000 --> 56:58.000]  Wait a minute.
[56:58.000 --> 57:02.000]  Are you moving closer and further away from the mic because you're fading out?
[57:02.000 --> 57:03.000]  Okay.
[57:03.000 --> 57:09.000]  I'm going to come a little closer, bring this home a little closer to my mouth now if that's
[57:09.000 --> 57:10.000]  better.
[57:10.000 --> 57:11.000]  Okay.
[57:11.000 --> 57:12.000]  That's pretty good.
[57:12.000 --> 57:17.000]  There are some things we need to know to understand what's going on here.
[57:17.000 --> 57:19.000]  They filed an action.
[57:19.000 --> 57:21.000]  Did you file an answer?
[57:21.000 --> 57:22.000]  Yes.
[57:22.000 --> 57:26.000]  In your answer, did you make a counterclaim?
[57:26.000 --> 57:29.000]  I did not.
[57:29.000 --> 57:30.000]  Okay.
[57:30.000 --> 57:35.000]  After your answer, what was the nature of your answer?
[57:35.000 --> 57:38.000]  Did you deny all claims by plaintiff?
[57:38.000 --> 57:39.000]  Yes, I did.
[57:39.000 --> 57:41.000]  Yes, I denied everything.
[57:41.000 --> 57:42.000]  Okay.
[57:42.000 --> 57:44.000]  You put them to their proof.
[57:44.000 --> 57:49.000]  One of the things that I've found, and I suspect that Jeff Sedgwick is listening, and he's
[57:49.000 --> 57:56.000]  likely to call in and clean my clock if I get this wrong, but the experience I've had
[57:56.000 --> 58:05.000]  with debt collectors is they tend not to file all the documentation required by the court
[58:05.000 --> 58:07.000]  rules into the record.
[58:07.000 --> 58:12.000]  We had this in Austin, and we sued the judge.
[58:12.000 --> 58:20.000]  The reason we sued the judge is because the debt collector, when he filed the suit, did
[58:20.000 --> 58:27.000]  not file all of the documents that the statute required him to file, and therefore was unable
[58:27.000 --> 58:31.000]  to vote the subject matter jurisdiction of the court.
[58:31.000 --> 58:39.000]  We had the lender file all of the documentation, the procedure code required him to file, and
[58:39.000 --> 58:42.000]  we get to the answer on the other side.
[58:42.000 --> 58:45.000]  This is Randy Kelton, Utegal Radio.
[58:45.000 --> 58:50.000]  I call it number 512-606-1984.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:00.000]  Bibles for America is offering a free study Bible and a set of free Christian books that
[59:00.000 --> 59:01.000]  really help.
[59:01.000 --> 59:05.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.000 --> 59:06.000]  today.
[59:06.000 --> 59:10.000]  It's an accurate translation, and it contains thousands of footnotes that will help you
[59:10.000 --> 59:13.000]  to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:24.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.000 --> 59:27.000]  growing in Christ, and how to build up the Church.
[59:27.000 --> 59:32.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.000 --> 59:40.000]  Life, call Bibles for America toll free at 888-551-0102.
[59:40.000 --> 59:44.000]  That's 888-551-0102.
[59:44.000 --> 59:49.000]  Or visit us online at bfa.org.
[59:49.000 --> 01:00:00.000]  Live, free speech radio, logosradionetwork.com.
[01:00:00.000 --> 01:00:06.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the jelly
[01:00:06.000 --> 01:00:08.000]  bulletins for the commodities market.
[01:00:08.000 --> 01:00:15.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:15.000 --> 01:00:27.000]  Markets for the 11th of August, 2015 opened up with gold at $1,108.78 an ounce, silver
[01:00:27.000 --> 01:00:34.000]  at $15.32 an ounce, Texas crude at $44.96 a barrel, and Bitcoin is currently sitting
[01:00:34.000 --> 01:00:36.000]  at about 270 U.S. currency.
[01:00:36.000 --> 01:00:49.000]  Today in history, Monday, August 11, 2003, a heat wave in Paris, France results in temperatures
[01:00:49.000 --> 01:00:54.000]  rising to 112 degrees Fahrenheit, leaving about 144 people dead.
[01:00:54.000 --> 01:00:59.000]  These temperatures pale in comparison to the whopping 136 degrees Fahrenheit reached in
[01:00:59.000 --> 01:01:07.000]  San Luis Potosi, Mexico on this day in 1933.
[01:01:07.000 --> 01:01:13.000]  In recent news, Verizon Wireless says that it has successfully tested its new technology,
[01:01:13.000 --> 01:01:19.000]  the Next Generation Passive Optical Network, or NGPON2, which delivers broadband speeds
[01:01:19.000 --> 01:01:21.000]  of up to 10 gigabytes per second.
[01:01:21.000 --> 01:01:25.000]  That's 10 times faster than the speeds of Google Fiber, pretty fast considering that
[01:01:25.000 --> 01:01:29.000]  Google is already 100 times faster than the average broadband connection.
[01:01:29.000 --> 01:01:34.000]  The company says that by simply adding new colors of light onto the existing fiber network,
[01:01:34.000 --> 01:01:46.000]  it could possibly boost speeds as lightning fast as 40 to 80 gigabytes per second.
[01:01:46.000 --> 01:01:47.000]  Talk about a shotgun wedding.
[01:01:47.000 --> 01:01:55.000]  Justin Bundy, 21, pleaded guilty on July 2 to assault with bodily injury from a fistfight
[01:01:55.000 --> 01:01:59.000]  that he got into with the former boyfriend of his girlfriend, Elizabeth Jaynes, back in February.
[01:01:59.000 --> 01:02:03.000]  Smith County Judge Randall Rogers gave him the choice between either two years of probation
[01:02:03.000 --> 01:02:05.000]  or 15 days in jail.
[01:02:05.000 --> 01:02:06.000]  What's the catch?
[01:02:06.000 --> 01:02:11.000]  Well, apparently, the probation terms included requiring Bundy to write out Problems 2627.
[01:02:11.000 --> 01:02:15.000]  If a man digs a pit, he will fall into it 25 times a day.
[01:02:15.000 --> 01:02:19.000]  And get this, probation terms included getting married within 30 days.
[01:02:19.000 --> 01:02:28.000]  The couple had their state-mandated wedding at City Hall on July 20.
[01:02:28.000 --> 01:02:31.000]  The Cryptoshow.com is hosting a Free Ross Appeal fundraiser.
[01:02:31.000 --> 01:02:37.000]  Ross Olbert was sentenced to life in prison for his alleged role in the Dark Web Silk Road online platform.
[01:02:37.000 --> 01:02:40.000]  Many great items will be auctioned off for Ross's legal appeal.
[01:02:40.000 --> 01:02:45.000]  The event is scheduled for the 15th of August, 6 to 10 p.m. at the Brave New Bookstore
[01:02:45.000 --> 01:02:48.000]  off of Guadalupe and Martin Luther King in Austin, Texas.
[01:02:48.000 --> 01:02:55.000]  For more information, please visit TheCryptoshow.com.
[01:02:55.000 --> 01:03:05.000]  This has been your Lowdown for August 11, 2013.
[01:03:05.000 --> 01:03:12.000]  It's all according to the will of the Almighty.
[01:03:12.000 --> 01:03:19.000]  I read his book and he says he cares not for the unsightly.
[01:03:19.000 --> 01:03:28.000]  These warmongers come by that term rightly.
[01:03:28.000 --> 01:03:31.000]  I won't pay for the war with my bite.
[01:03:31.000 --> 01:03:35.000]  Ain't gonna pay for the car with my money.
[01:03:35.000 --> 01:03:38.000]  I won't pay for the fun with my bite.
[01:03:38.000 --> 01:03:41.000]  That man's wicked and that logic's shoddy.
[01:03:41.000 --> 01:03:45.000]  Ain't gonna pay for the oil with my bite.
[01:03:45.000 --> 01:03:48.000]  I won't pay for the boys with my money.
[01:03:48.000 --> 01:03:50.000]  Ain't gonna pay for the...
[01:03:50.000 --> 01:03:51.000]  Okay, we are back.
[01:03:51.000 --> 01:03:53.000]  Randy Felton, you have our radio.
[01:03:53.000 --> 01:03:56.000]  And we're talking to Craig in Louisiana.
[01:03:56.000 --> 01:03:59.000]  Now, Craig, you're a first-time caller.
[01:03:59.000 --> 01:04:02.000]  Have you listened to our show before?
[01:04:02.000 --> 01:04:04.000]  No.
[01:04:04.000 --> 01:04:10.000]  Okay, you probably don't understand the world we live in.
[01:04:10.000 --> 01:04:15.000]  And this to kind of give you an idea of the world we live in,
[01:04:15.000 --> 01:04:22.000]  when we go into court, we have a judge up there on the stand,
[01:04:22.000 --> 01:04:28.000]  we have a bailiff, we have a court clerk, a court reporter,
[01:04:28.000 --> 01:04:34.000]  sometimes a prosecutor, sometimes just a lawyer.
[01:04:34.000 --> 01:04:39.000]  The lawyers, prosecutor or otherwise, are officers of the court.
[01:04:39.000 --> 01:04:42.000]  And all of them are essentially directly public servants
[01:04:42.000 --> 01:04:46.000]  or quasi-public servants.
[01:04:46.000 --> 01:04:48.000]  They are all the servants.
[01:04:48.000 --> 01:04:51.000]  We are the masters.
[01:04:51.000 --> 01:04:56.000]  And they are not to forget it.
[01:04:56.000 --> 01:05:01.000]  If you are to effectively adjudicate the case,
[01:05:01.000 --> 01:05:08.000]  the best thing you can do is understand that you are the master.
[01:05:08.000 --> 01:05:12.000]  And that as the master, along with all us other masters,
[01:05:12.000 --> 01:05:20.000]  we have laid down certain laws, practices and procedures for our servants.
[01:05:20.000 --> 01:05:25.000]  And they are to follow those laws, practices and procedures.
[01:05:25.000 --> 01:05:30.000]  If they fail to follow one of our laws, practices or procedures,
[01:05:30.000 --> 01:05:33.000]  we land on them like a ton of bricks.
[01:05:33.000 --> 01:05:41.000]  So it sounds as though I'm being somewhat pedantic in that
[01:05:41.000 --> 01:05:44.000]  I'm going back to some fine detail.
[01:05:44.000 --> 01:05:49.000]  But in order for us to understand how to handle these cases,
[01:05:49.000 --> 01:05:54.000]  we have to get over what we think we know.
[01:05:54.000 --> 01:06:01.000]  We have to get over our preconceptions about how the law works
[01:06:01.000 --> 01:06:05.000]  and go back and be a mechanic.
[01:06:05.000 --> 01:06:08.000]  I'm trained as an engineer.
[01:06:08.000 --> 01:06:14.000]  And as an engineer, all engineers know how to do is connect the dots.
[01:06:14.000 --> 01:06:18.000]  I take out the code of criminal procedure, the penal code,
[01:06:18.000 --> 01:06:22.000]  the rules of civil procedure,
[01:06:22.000 --> 01:06:26.000]  and I read them as a tech manual.
[01:06:26.000 --> 01:06:30.000]  If you've ever worked on a car or something complicated,
[01:06:30.000 --> 01:06:33.000]  you've got a manual here that tells you how to do it.
[01:06:33.000 --> 01:06:38.000]  If you miss a step, it's going to come back and haunt you.
[01:06:38.000 --> 01:06:49.000]  And as to our public officials, courts, debt collectors, mortgage companies,
[01:06:49.000 --> 01:06:54.000]  if they miss a step, we're going to thump them for it.
[01:06:54.000 --> 01:06:58.000]  But before you can do that, you've got to know what steps are.
[01:06:58.000 --> 01:07:03.000]  And so from here with the debt collector,
[01:07:03.000 --> 01:07:09.000]  a debt collector generally, when he files the claim,
[01:07:09.000 --> 01:07:12.000]  he has to file a statement of claim.
[01:07:12.000 --> 01:07:19.000]  He has to file documentation showing that there actually is a claim in existence.
[01:07:19.000 --> 01:07:25.000]  The problem that a debt collector has is he don't have that stuff.
[01:07:25.000 --> 01:07:30.000]  All he bought was notice of the existence of a debt.
[01:07:30.000 --> 01:07:36.000]  He don't really know if there is a debt, so he can't file that information.
[01:07:36.000 --> 01:07:41.000]  We were in Austin, debt collector filed a suit.
[01:07:41.000 --> 01:07:46.000]  We went to court and filed a challenge on subject matter jurisdiction.
[01:07:46.000 --> 01:07:50.000]  And the judge denied the challenge.
[01:07:50.000 --> 01:07:54.000]  So at the next hearing, we sued the judge.
[01:07:54.000 --> 01:07:57.000]  The client went in and handled himself real well.
[01:07:57.000 --> 01:08:00.000]  And when the judge came into the courtroom, he said,
[01:08:00.000 --> 01:08:02.000]  Your Honor, what are you doing here?
[01:08:02.000 --> 01:08:05.000]  You can't be here. I sued you.
[01:08:05.000 --> 01:08:07.000]  What? What?
[01:08:07.000 --> 01:08:14.000]  He got the file and read it and he's reading it saying, oh my, oh my.
[01:08:14.000 --> 01:08:19.000]  And then he said that it's not my place to determine that jurisdiction.
[01:08:19.000 --> 01:08:21.000]  You don't want to have to do that.
[01:08:21.000 --> 01:08:24.000]  And he said, with all due respect, Your Honor,
[01:08:24.000 --> 01:08:30.000]  before you send me this threat note telling me all the things you're going to do to me
[01:08:30.000 --> 01:08:32.000]  if I don't show up in your court,
[01:08:32.000 --> 01:08:36.000]  you need to make sure you have the authority to do that.
[01:08:36.000 --> 01:08:40.000]  And the judge assured him that he was the judge of this court
[01:08:40.000 --> 01:08:44.000]  and his judge had jurisdiction over these issues.
[01:08:44.000 --> 01:08:47.000]  And the guy told him, well,
[01:08:47.000 --> 01:08:55.000]  while you may have subject matter jurisdiction over these issues,
[01:08:55.000 --> 01:09:01.000]  the debt collector in his original petition
[01:09:01.000 --> 01:09:06.000]  failed to meet all the statutory filing requirements
[01:09:06.000 --> 01:09:11.000]  and therefore was unable to invoke your jurisdiction.
[01:09:11.000 --> 01:09:14.000]  Therefore, you don't have any.
[01:09:14.000 --> 01:09:19.000]  There's only one time you can sue a judge when he lacks jurisdiction.
[01:09:19.000 --> 01:09:24.000]  So the judge had the county attorney file an answer for it.
[01:09:24.000 --> 01:09:30.000]  Well, we sued the judge in his personal capacity because when he acts outside scope,
[01:09:30.000 --> 01:09:33.000]  he has no immunity.
[01:09:33.000 --> 01:09:37.000]  So he had to pay a lawyer himself.
[01:09:37.000 --> 01:09:43.000]  So the remedy to that is you sued the prosecuting attorney for misappropriation of funds.
[01:09:43.000 --> 01:09:46.000]  That was so much fun.
[01:09:46.000 --> 01:09:49.000]  You wouldn't believe it.
[01:09:49.000 --> 01:09:51.000]  I'm sure.
[01:09:51.000 --> 01:09:58.000]  My point is, read the code.
[01:09:58.000 --> 01:10:03.000]  When you're already in a litigation
[01:10:03.000 --> 01:10:09.000]  and you go back and read the code, it'll read like a comic book.
[01:10:09.000 --> 01:10:15.000]  You'll get to giggling and laughing at all the stupid things this other side has done
[01:10:15.000 --> 01:10:21.000]  and they believe you're not smart enough to figure it out.
[01:10:21.000 --> 01:10:24.000]  The credit card companies do everything wrong.
[01:10:24.000 --> 01:10:27.000]  They know they do everything wrong.
[01:10:27.000 --> 01:10:29.000]  They don't care.
[01:10:29.000 --> 01:10:32.000]  They know they can be sued.
[01:10:32.000 --> 01:10:33.000]  They don't care.
[01:10:33.000 --> 01:10:43.000]  The reason they don't care is 90 some odd percent of the people don't know that they can raise issues.
[01:10:43.000 --> 01:10:50.000]  So the credit card company gets to avoid the FDCPA and the FCRA
[01:10:50.000 --> 01:10:54.000]  and all these other consumer protection laws and cheat like crazy
[01:10:54.000 --> 01:10:56.000]  because they make a whole lot of money at it.
[01:10:56.000 --> 01:11:01.000]  Every once in a while, somebody will come along and sting them.
[01:11:01.000 --> 01:11:05.000]  Well, the price of doing business.
[01:11:05.000 --> 01:11:11.000]  What we try to do here is show people how to be the price of doing business.
[01:11:11.000 --> 01:11:17.000]  The only way you're going to be able to bring these guys to the table,
[01:11:17.000 --> 01:11:23.000]  and I say bring them to the table because you're not likely to beat them in court
[01:11:23.000 --> 01:11:25.000]  because the courts are corrupt.
[01:11:25.000 --> 01:11:28.000]  They're absolutely corrupt.
[01:11:28.000 --> 01:11:30.000]  Okay, maybe they're not,
[01:11:30.000 --> 01:11:40.000]  but it behooves you to conduct yourself as if the court will rule against you out of hand at every turn.
[01:11:40.000 --> 01:11:42.000]  You have to expect that.
[01:11:42.000 --> 01:11:47.000]  Now, I know that may sound defeatist and depressing, but it's not.
[01:11:47.000 --> 01:11:50.000]  It's merely how the world works.
[01:11:50.000 --> 01:11:57.000]  You have powers and abilities far beyond those of mortal attorneys.
[01:11:57.000 --> 01:12:02.000]  Once you understand them, you become a force.
[01:12:02.000 --> 01:12:06.000]  Now, the fact that the courts are corrupt is just a fact.
[01:12:06.000 --> 01:12:07.000]  I'm an engineer.
[01:12:07.000 --> 01:12:13.000]  We don't have opinions about the facts.
[01:12:13.000 --> 01:12:23.000]  That's not necessarily a problem because there are other influences that actually move the court.
[01:12:23.000 --> 01:12:27.000]  You'll never win your case simply because you have the law and the facts on your side.
[01:12:27.000 --> 01:12:31.000]  You'll only win your case if you have the politics on your side.
[01:12:31.000 --> 01:12:40.000]  And when you take a step back and start looking at the politics of the situation,
[01:12:40.000 --> 01:12:45.000]  your calculation changes dramatically.
[01:12:45.000 --> 01:12:48.000]  This is a debt collector.
[01:12:48.000 --> 01:12:52.000]  All he's trying to do is make money.
[01:12:52.000 --> 01:12:56.000]  It's all about the money.
[01:12:56.000 --> 01:13:04.000]  So what you need to do is find a way to make it look as though you're going to cost him a lot of money.
[01:13:04.000 --> 01:13:10.000]  The reason the first question I asked was the debt validation letter.
[01:13:10.000 --> 01:13:17.000]  Where did you get the debt validation letter or did you write it yourself?
[01:13:17.000 --> 01:13:18.000]  I did.
[01:13:18.000 --> 01:13:20.000]  I wrote it myself.
[01:13:20.000 --> 01:13:22.000]  Okay.
[01:13:22.000 --> 01:13:30.000]  In the debt validation letter, did you order them to cease all calls,
[01:13:30.000 --> 01:13:36.000]  all communication by telephone either to you, your neighbors, your employment, or anyone else?
[01:13:36.000 --> 01:13:38.000]  Make all communication in writing.
[01:13:38.000 --> 01:13:41.000]  Did you put that in there?
[01:13:41.000 --> 01:13:43.000]  I didn't.
[01:13:43.000 --> 01:13:44.000]  Okay.
[01:13:44.000 --> 01:13:50.000]  I want you to take the phone and beat yourself around the eyes and ears severely.
[01:13:50.000 --> 01:13:51.000]  Okay.
[01:13:51.000 --> 01:13:52.000]  I hear you.
[01:13:52.000 --> 01:13:53.000]  All right.
[01:13:53.000 --> 01:13:57.000]  We understand that they do everything wrong.
[01:13:57.000 --> 01:13:59.000]  They don't care.
[01:13:59.000 --> 01:14:05.000]  So the debt validation letter, we don't care about the validation.
[01:14:05.000 --> 01:14:12.000]  The main thing we care about is they're going to keep calling you after you told them not to.
[01:14:12.000 --> 01:14:19.000]  And that goes to a civil penalty that you can extract within the federal court.
[01:14:19.000 --> 01:14:23.000]  Now, Mike Mears says every time they call, it's 1,500 bucks.
[01:14:23.000 --> 01:14:28.000]  But Jeff Sedgwick says that it's 1,500 bucks overall.
[01:14:28.000 --> 01:14:38.000]  But then we had a case in Kansas recently where the jury awarded someone $83 million dollars
[01:14:38.000 --> 01:14:42.000]  because of their harassment by the debt collector.
[01:14:42.000 --> 01:14:50.000]  To have all these laws to protect you, the debt collector ignores them all.
[01:14:50.000 --> 01:14:54.000]  Learn and read the Fair Debt Collections Practices Act.
[01:14:54.000 --> 01:14:57.000]  It's not very big.
[01:14:57.000 --> 01:15:02.000]  This tells you all of the things they cannot do.
[01:15:02.000 --> 01:15:11.000]  And then you can conduct yourself in a way that gets them to do that.
[01:15:11.000 --> 01:15:13.000]  And then you get to sting them.
[01:15:13.000 --> 01:15:17.000]  And once you demonstrate to the lawyers that you're going to cost them way more money
[01:15:17.000 --> 01:15:22.000]  than they can ever think of making, then you go in and offer them pennies on the dollar
[01:15:22.000 --> 01:15:24.000]  to settle this thing out.
[01:15:24.000 --> 01:15:30.000]  Most likely they'll settle it and go away.
[01:15:30.000 --> 01:15:32.000]  Okay.
[01:15:32.000 --> 01:15:37.000]  So in other words, you're saying I have to do a counterclaim.
[01:15:37.000 --> 01:15:40.000]  That would be absolutely the best thing to do.
[01:15:40.000 --> 01:15:49.000]  And how long has it been since they sued you?
[01:15:49.000 --> 01:15:52.000]  Going on about a year now.
[01:15:52.000 --> 01:15:58.000]  Okay, it may be kind of far down the road.
[01:15:58.000 --> 01:16:04.000]  I suggest you get the Real Estate Settlement Procedures Act and read it.
[01:16:04.000 --> 01:16:07.000]  When you're reading codes, they look a whole lot bigger than they are,
[01:16:07.000 --> 01:16:10.000]  but they're all outlined, so there's a lot of white space.
[01:16:10.000 --> 01:16:15.000]  And as you read the code, it'll be clear that some of them just absolutely don't apply.
[01:16:15.000 --> 01:16:18.000]  They apply in a different situation.
[01:16:18.000 --> 01:16:24.000]  Walk through that code, 1655G, especially when you read.
[01:16:24.000 --> 01:16:26.000]  But read through it quickly.
[01:16:26.000 --> 01:16:29.000]  Don't try to understand all of it, just read through it,
[01:16:29.000 --> 01:16:34.000]  especially if you're not ex-grebbing him.
[01:16:34.000 --> 01:16:39.000]  Let's say that again.
[01:16:39.000 --> 01:16:42.000]  RESPA, R-A-S-P-A.
[01:16:42.000 --> 01:16:45.000]  If you do a search on RESPA, you'll get it.
[01:16:45.000 --> 01:16:50.000]  Real Estate, I'm sorry, not RESPA.
[01:16:50.000 --> 01:16:54.000]  Fair Debt Collection Practices Act, my bad.
[01:16:54.000 --> 01:16:56.000]  F-D-C-P-A.
[01:16:56.000 --> 01:17:01.000]  Yeah, F-D-C-P-A.
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[01:19:00.000 --> 01:19:08.000]  This is the Logos Logos Radio Network.
[01:19:15.000 --> 01:19:18.000]  Ain't gonna blame me.
[01:19:21.000 --> 01:19:23.000]  Don't blame me.
[01:19:23.000 --> 01:19:26.000]  Ain't gonna blame me.
[01:19:32.000 --> 01:19:36.000]  Ain't gonna fool me with that same old trick again.
[01:19:36.000 --> 01:19:41.000]  I was blindsided but now I can see your plans.
[01:19:41.000 --> 01:19:46.000]  You put the fear in my pocket, took the money from my hands.
[01:19:46.000 --> 01:19:49.000]  Ain't gonna fool me with that same old trick again.
[01:19:49.000 --> 01:19:53.000]  Okay, we are back. Randy Kelton with our radio.
[01:19:53.000 --> 01:19:58.000]  And I got an email from Jeff Sedrick.
[01:19:58.000 --> 01:20:00.000]  He should be calling in in a moment.
[01:20:00.000 --> 01:20:06.000]  Jeff is a resident debt collector know it all.
[01:20:06.000 --> 01:20:08.000]  And I was hoping he would call in on this.
[01:20:08.000 --> 01:20:12.000]  I've been kind of going through the basics.
[01:20:12.000 --> 01:20:20.000]  And I do this because things are not the way you were led to believe in high school.
[01:20:20.000 --> 01:20:24.000]  The courts are corrupt. They're absolutely corrupt.
[01:20:24.000 --> 01:20:27.000]  That's not such a problem. They've always been that way.
[01:20:27.000 --> 01:20:36.000]  I read an interpretation of a plaque found in Nineveh that was 5500 years old.
[01:20:36.000 --> 01:20:38.000]  It was commissioned by a king.
[01:20:38.000 --> 01:20:43.000]  And he proclaimed in this writing that he was reasserting the old law
[01:20:43.000 --> 01:20:48.000]  because those in positions of power and authority have so perverted the laws
[01:20:48.000 --> 01:20:53.000]  that the citizen can no longer achieve justice.
[01:20:53.000 --> 01:21:02.000]  Courts have been corrupt for at least 5500 years.
[01:21:02.000 --> 01:21:07.000]  Not likely to change tomorrow. Okay, that's a given.
[01:21:07.000 --> 01:21:10.000]  We can't fix that. But we can deal with it.
[01:21:10.000 --> 01:21:13.000]  The corruption all goes to politics.
[01:21:13.000 --> 01:21:21.000]  When we back up and look at the politics of the situation, our whole perspective changes.
[01:21:21.000 --> 01:21:28.000]  And one perspective you should always keep in mind is courts like a four-sided chessboard.
[01:21:28.000 --> 01:21:32.000]  You're sitting in one position, to your right is your lawyer,
[01:21:32.000 --> 01:21:36.000]  to your left is opposing counsel, across from you is the judge.
[01:21:36.000 --> 01:21:40.000]  You have a relationship with your lawyer.
[01:21:40.000 --> 01:21:45.000]  Your lawyer has a relationship with the judge and the other party.
[01:21:45.000 --> 01:21:52.000]  When you try to win in a four-sided chessboard, it's all about relationships.
[01:21:52.000 --> 01:21:57.000]  Those with relationships will gang up on those without relationships.
[01:21:57.000 --> 01:22:00.000]  Get them bumped out first.
[01:22:00.000 --> 01:22:05.000]  If you are to win, you have to understand that part.
[01:22:05.000 --> 01:22:11.000]  And then work at getting in and involved in the relationships.
[01:22:11.000 --> 01:22:16.000]  Set the parties against each other and this is all political.
[01:22:16.000 --> 01:22:20.000]  We do have Jeff on the line. He's called in.
[01:22:20.000 --> 01:22:31.000]  He is our super guru, know everything there is to know about credits.
[01:22:31.000 --> 01:22:38.000]  And I only say that because he keeps telling me not to.
[01:22:38.000 --> 01:22:41.000]  I do do that, don't I?
[01:22:41.000 --> 01:22:44.000]  Yes, you do.
[01:22:44.000 --> 01:22:51.000]  Let me see if I understand this correctly because I want to make sure I have the structure of the situation correct.
[01:22:51.000 --> 01:22:59.000]  They sent you a collection letter and you sent a dispute letter back to them, correct?
[01:22:59.000 --> 01:23:01.000]  Yes.
[01:23:01.000 --> 01:23:06.000]  Okay, did you ask for them to validate the debt?
[01:23:06.000 --> 01:23:09.000]  Yes, I did. I did ask that.
[01:23:09.000 --> 01:23:12.000]  Okay, here's the thing.
[01:23:12.000 --> 01:23:19.000]  A dispute letter need only have two sentences in it.
[01:23:19.000 --> 01:23:22.000]  I dispute the debt and I demand validation.
[01:23:22.000 --> 01:23:23.000]  Okay.
[01:23:23.000 --> 01:23:28.000]  If you go much beyond that, they'll ignore you and that's okay too.
[01:23:28.000 --> 01:23:36.000]  You can also put in there that if you, as Randy said, if I have given you any express consent to call me,
[01:23:36.000 --> 01:23:40.000]  that express consent is hereby withdrawn, please do not call me.
[01:23:40.000 --> 01:23:42.000]  Don't ignore that too.
[01:23:42.000 --> 01:23:44.000]  Okay.
[01:23:44.000 --> 01:23:52.000]  Was that done within the first 30 days of having received that first collection letter?
[01:23:52.000 --> 01:23:55.000]  I'm sorry, Mr. Jeff, can you repeat that last question?
[01:23:55.000 --> 01:23:57.000]  Yes, I can.
[01:23:57.000 --> 01:24:05.000]  When you disputed the debt, was that done within the first 30 days of having received the first collection letter?
[01:24:05.000 --> 01:24:07.000]  Yes.
[01:24:07.000 --> 01:24:14.000]  Okay, and when is your hearing?
[01:24:14.000 --> 01:24:22.000]  My hearing is at the end of this month on the 25th and this is going to be my second appearance in court.
[01:24:22.000 --> 01:24:26.000]  Okay, and this is on a motion for summary judgment?
[01:24:26.000 --> 01:24:28.000]  Yes.
[01:24:28.000 --> 01:24:29.000]  Okay.
[01:24:29.000 --> 01:24:41.000]  I would suggest that you very soon send in a motion to expand time to answer.
[01:24:41.000 --> 01:24:43.000]  Ask for 60 days.
[01:24:43.000 --> 01:24:48.000]  You might get 30 because you need some time.
[01:24:48.000 --> 01:24:56.000]  Are you saying answer the default or re-answer?
[01:24:56.000 --> 01:25:01.000]  No, answer the motion for summary judgment.
[01:25:01.000 --> 01:25:03.000]  Okay.
[01:25:03.000 --> 01:25:11.000]  You can file a motion with support to expand time to answer the motion for summary judgment.
[01:25:11.000 --> 01:25:20.000]  You need to locate and acquire counsel.
[01:25:20.000 --> 01:25:22.000]  Okay.
[01:25:22.000 --> 01:25:25.000]  Box them in so that they have to give you the time.
[01:25:25.000 --> 01:25:26.000]  Ask for 60 days.
[01:25:26.000 --> 01:25:30.000]  You might get 30.
[01:25:30.000 --> 01:25:32.000]  Let me explain that just a little bit.
[01:25:32.000 --> 01:25:39.000]  The courts really want you to have a lawyer because they've got a relationship with the lawyer.
[01:25:39.000 --> 01:25:42.000]  They can control the lawyer in a way they can't control you.
[01:25:42.000 --> 01:25:46.000]  So if you ask them for a continuous in order to secure a lawyer,
[01:25:46.000 --> 01:25:56.000]  they're almost always just thrilled to death to get a lawyer in there that they can use to help screw you.
[01:25:56.000 --> 01:25:57.000]  Is that true?
[01:25:57.000 --> 01:26:00.000]  Yes.
[01:26:00.000 --> 01:26:01.000]  Okay.
[01:26:01.000 --> 01:26:02.000]  Go ahead, Jeff.
[01:26:02.000 --> 01:26:03.000]  I'll stop interrupting.
[01:26:03.000 --> 01:26:07.000]  If I remember correctly, this is a discover card, correct?
[01:26:07.000 --> 01:26:09.000]  Yes.
[01:26:09.000 --> 01:26:18.000]  Do you still have the first dunning letter or collection letter that they sent you?
[01:26:18.000 --> 01:26:19.000]  I do have it.
[01:26:19.000 --> 01:26:21.000]  This is not funny, but I do have it, yes.
[01:26:21.000 --> 01:26:23.000]  I didn't ask if you had it in front of you.
[01:26:23.000 --> 01:26:25.000]  I just asked if you had it.
[01:26:25.000 --> 01:26:30.000]  Hopefully, you will have not done any marking on that.
[01:26:30.000 --> 01:26:38.000]  Whenever you get documents from the enemy, as it were, save the envelope, save the letter.
[01:26:38.000 --> 01:26:44.000]  Do not under any circumstances ever mark on either one.
[01:26:44.000 --> 01:26:50.000]  You may need them as evidence, and if you mark on them, you destroy your evidence.
[01:26:50.000 --> 01:26:53.000]  Okay?
[01:26:53.000 --> 01:26:56.000]  Sure.
[01:26:56.000 --> 01:27:05.000]  So you need some time to – can I do a little self-promotion here, Randy?
[01:27:05.000 --> 01:27:09.000]  We advocate shameless self-promotion.
[01:27:09.000 --> 01:27:10.000]  Okay.
[01:27:10.000 --> 01:27:18.000]  I would suggest that you send an email to Randy asking him to forward to me your contact information,
[01:27:18.000 --> 01:27:27.000]  because I want to get you on some conference calls where you can experience people who are already in the fray
[01:27:27.000 --> 01:27:35.000]  and begin to learn how to fight, because you're going to need to file a federal lawsuit against these people
[01:27:35.000 --> 01:27:38.000]  under the FDCPA.
[01:27:38.000 --> 01:27:41.000]  This is a discover card, correct?
[01:27:41.000 --> 01:27:43.000]  Yes.
[01:27:43.000 --> 01:27:51.000]  Say, almost all of these discover card accounts have been sold into something similar to a Remic
[01:27:51.000 --> 01:27:56.000]  and discover only services them.
[01:27:56.000 --> 01:28:00.000]  And I'm assuming Remic is somewhere in the stock market, maybe?
[01:28:00.000 --> 01:28:01.000]  I'm not sure.
[01:28:01.000 --> 01:28:08.000]  Now, Remic is a real estate mortgage investment conduit, and it's basically a trust.
[01:28:08.000 --> 01:28:13.000]  Okay. Do you understand what that's about, Craig?
[01:28:13.000 --> 01:28:14.000]  Yeah, for the most part, yeah.
[01:28:14.000 --> 01:28:16.000]  Let me explain very briefly.
[01:28:16.000 --> 01:28:17.000]  Okay.
[01:28:17.000 --> 01:28:21.000]  Are you familiar with the concept of factoring?
[01:28:21.000 --> 01:28:22.000]  No.
[01:28:22.000 --> 01:28:29.000]  If you have a business and you're going out and doing all this work, and you're putting out costs for labor
[01:28:29.000 --> 01:28:35.000]  and materials, and you've got all these accounts receivable, but they're all receivables.
[01:28:35.000 --> 01:28:40.000]  You're not receiving anything, so you go to the bank and say, I got all these accounts receivable.
[01:28:40.000 --> 01:28:45.000]  I made all this money already, but I need my money now.
[01:28:45.000 --> 01:28:52.000]  How much will you give me for these accounts receivables for their right to be paid
[01:28:52.000 --> 01:28:57.000]  so when my client pays me, you get that money?
[01:28:57.000 --> 01:29:03.000]  Your credit card company has taken their accounts receivable and sold them to somebody else.
[01:29:03.000 --> 01:29:07.000]  They didn't sell the note, the obligation.
[01:29:07.000 --> 01:29:14.000]  They sold the right to be paid, and it's the same here as it is in the mortgage industry.
[01:29:14.000 --> 01:29:19.000]  So it's been factored out, and they sold it, and they do this almost immediately.
[01:29:19.000 --> 01:29:21.000]  Does that make sense?
[01:29:21.000 --> 01:29:24.000]  Yes, it does.
[01:29:24.000 --> 01:29:31.000]  Okay. I'll shut up again, Jeff, for a little while.
[01:29:31.000 --> 01:29:37.000]  Well, if you may, if Mr. Chancellor on the phone, he mentioned my contact information.
[01:29:37.000 --> 01:29:39.000]  I can give him that now.
[01:29:39.000 --> 01:29:43.000]  No, we don't put that out over the air.
[01:29:43.000 --> 01:29:45.000]  Okay, I understand.
[01:29:45.000 --> 01:29:50.000]  Thank you. We respect your privacy and ours, too.
[01:29:50.000 --> 01:29:52.000]  Now, mine goes out over the air.
[01:29:52.000 --> 01:30:03.000]  My contact information is Randy at ruleoflawradio.com.
[01:30:03.000 --> 01:30:06.000]  Should you be forced to get a Facebook account?
[01:30:06.000 --> 01:30:12.000]  One German publication says yes, saying that people who don't use the social network are suspicious.
[01:30:12.000 --> 01:30:17.000]  Well, I'm the very suspicious Dr. Catherine Albrecht, and I'll be back with details in a moment.
[01:30:17.000 --> 01:30:19.000]  Privacy is under attack.
[01:30:19.000 --> 01:30:23.000]  When you give up data about yourself, you'll never get it back again.
[01:30:23.000 --> 01:30:28.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:28.000 --> 01:30:33.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:33.000 --> 01:30:36.000]  Privacy, it's worth hanging onto.
[01:30:36.000 --> 01:30:43.000]  This message is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:43.000 --> 01:30:47.000]  Start over with Startpage.
[01:30:47.000 --> 01:30:52.000]  The whole world was stunned when American employers started demanding Facebook passwords from job seekers.
[01:30:52.000 --> 01:30:58.000]  It was an outrageous privacy violation that angered a lot of people and even prompted legislation.
[01:30:58.000 --> 01:31:02.000]  But one German publication, Der Tagesspiegel, has a different take.
[01:31:02.000 --> 01:31:08.000]  In an article titled No Facebook, No Job Offer, it claims that not only were those U.S. employers right,
[01:31:08.000 --> 01:31:12.000]  but anyone who's not on Facebook should be considered a suspicious citizen.
[01:31:12.000 --> 01:31:18.000]  It's even hinted that not posting your most intimate details for the world to see might mean you're a mass murderer.
[01:31:18.000 --> 01:31:22.000]  You'd think Germany, of all places, would know mass murderers better than that.
[01:31:22.000 --> 01:31:24.000]  I'll Facebook anyone.
[01:31:24.000 --> 01:31:31.000]  I'm Dr. Catherine Auburn for Startpage.com, the world's most private search engine.
[01:31:31.000 --> 01:31:37.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:37.000 --> 01:31:39.000]  The government says that fire brought it down.
[01:31:39.000 --> 01:31:44.000]  Over 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:44.000 --> 01:31:47.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:47.000 --> 01:31:49.000]  Thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:51.000]  I'm not a conspiracy theorist.
[01:31:51.000 --> 01:31:52.000]  I'm a structural engineer.
[01:31:52.000 --> 01:31:53.000]  I'm a New York City correction officer.
[01:31:53.000 --> 01:31:54.000]  I'm an Air Force pilot.
[01:31:54.000 --> 01:31:56.000]  I'm a father who lost his son.
[01:31:56.000 --> 01:31:58.000]  We're Americans, and we deserve the truth.
[01:31:58.000 --> 01:32:11.000]  Go to RememberBuilding7.org today.
[01:32:28.000 --> 01:32:50.000]  I'm Dr. Catherine Auburn.
[01:32:50.000 --> 01:33:04.000]  We lock in.
[01:33:04.000 --> 01:33:05.000]  Looking for some truth?
[01:33:05.000 --> 01:33:20.000]  You found it, LogosRadioNetwork.com.
[01:33:20.000 --> 01:33:35.000]  OK.
[01:33:35.000 --> 01:33:50.000]  We are back.
[01:33:50.000 --> 01:34:01.000]  Randy Shelton with LogosRadio, and we're talking to Craig in Louisiana, and Jeff, you want to pick this up?
[01:34:01.000 --> 01:34:13.000]  Right, well, if you will send Randy your contact information, he'll send it to me, and we'll see about getting you started and in amongst a group of people who are already in the fray.
[01:34:13.000 --> 01:34:16.000]  Some of them are just beginning like you are.
[01:34:16.000 --> 01:34:23.000]  Some of them have gone on to where they're now filing appeals in the Federal Circuit Courts.
[01:34:23.000 --> 01:34:35.000]  So you'll find all different levels of experience and knowledge, and if you run into somebody that has a lot of knowledge, please do not feel overwhelmed by that.
[01:34:35.000 --> 01:34:51.000]  We have one particular individual who was filed somewhere in the neighborhood of about 60 federal lawsuits in the last four years, and I can remember dragging him, kicking and screaming all the way to his first lawsuit.
[01:34:51.000 --> 01:34:57.000]  And, you know, we made a monster out of him.
[01:34:57.000 --> 01:35:00.000]  Well, that sounds encouraging, Mr. Jeff.
[01:35:00.000 --> 01:35:12.000]  And let me ask, since I do have a case that is in state, I can also, while I'm in state, could I file it in federal as well?
[01:35:12.000 --> 01:35:13.000]  Oh, yes.
[01:35:13.000 --> 01:35:17.000]  Here's the distinction between the two cases.
[01:35:17.000 --> 01:35:25.000]  In the state court, there is a lawsuit going on about the debt, correct?
[01:35:25.000 --> 01:35:27.000]  Yeah.
[01:35:27.000 --> 01:35:37.000]  The lawsuit in the federal court is about their bad behavior in trying to collect that debt.
[01:35:37.000 --> 01:35:42.000]  So the state's the debt, and the federal court is about their bad behavior.
[01:35:42.000 --> 01:35:44.000]  Two different issues.
[01:35:44.000 --> 01:35:47.000]  Sure.
[01:35:47.000 --> 01:35:48.000]  Okay.
[01:35:48.000 --> 01:35:49.000]  Makes sense.
[01:35:49.000 --> 01:35:50.000]  Okay.
[01:35:50.000 --> 01:36:01.000]  And I think you'll find that writing a federal lawsuit is a whole lot clearer and a whole lot easier than you might think.
[01:36:01.000 --> 01:36:02.000]  Hmm.
[01:36:02.000 --> 01:36:05.000]  Yeah, because at this point I'm kind of fearful.
[01:36:05.000 --> 01:36:08.000]  Well, we all were the first time around.
[01:36:08.000 --> 01:36:18.000]  And the truth of the matter is, it's no more difficult than getting that first kiss.
[01:36:18.000 --> 01:36:25.000]  Hey, that's not saying much.
[01:36:25.000 --> 01:36:30.000]  That was the object.
[01:36:30.000 --> 01:36:31.000]  Okay.
[01:36:31.000 --> 01:36:40.000]  What I would like to do right before the break, Mr. Randy was telling me his email, and I didn't get all of it.
[01:36:40.000 --> 01:36:41.000]  Could you repeat that, please?
[01:36:41.000 --> 01:36:42.000]  Okay.
[01:36:42.000 --> 01:36:43.000]  Randy?
[01:36:43.000 --> 01:36:44.000]  Yes.
[01:36:44.000 --> 01:36:55.000]  Randy, R-E-N-D-Y, at rule, R-U-L-E, of lawradio.com.
[01:36:55.000 --> 01:37:03.000]  Or you could just go to ruleoflawradio.com, and there's an email link to me on the website.
[01:37:03.000 --> 01:37:11.000]  And while you're there, you might click on the donation page and click Randy's Beer Fund.
[01:37:11.000 --> 01:37:12.000]  Hey, there you go.
[01:37:12.000 --> 01:37:13.000]  That's all, man.
[01:37:13.000 --> 01:37:15.000]  No wine, no cigarettes, no...
[01:37:15.000 --> 01:37:19.000]  The problem is they forgot to put it on this page when they reset it up.
[01:37:19.000 --> 01:37:23.000]  Yeah, you got to say, Randy's pulling your leg.
[01:37:23.000 --> 01:37:26.000]  Yeah.
[01:37:26.000 --> 01:37:27.000]  I'm old.
[01:37:27.000 --> 01:37:31.000]  If I drink a beer, I'll fall asleep.
[01:37:31.000 --> 01:37:32.000]  Okay.
[01:37:32.000 --> 01:37:39.000]  Yeah, but just anybody else out there who wants to get in contact with Jeff to send me an email,
[01:37:39.000 --> 01:37:45.000]  let me know, and I will forward your email to Jeff.
[01:37:45.000 --> 01:37:53.000]  And I will respond with some information right off the bat, okay?
[01:37:53.000 --> 01:37:55.000]  Is there anything else we can do?
[01:37:55.000 --> 01:37:58.000]  Do you have any other questions for me there?
[01:37:58.000 --> 01:38:02.000]  Call her.
[01:38:02.000 --> 01:38:06.000]  At this moment, I'm good as far as with anyone else, but I'm definitely going to...
[01:38:06.000 --> 01:38:11.000]  We'd like to talk with you in the near future, Jeff, please, if I could talk some time next week.
[01:38:11.000 --> 01:38:15.000]  I'd love to talk to you.
[01:38:15.000 --> 01:38:24.000]  Well, I'll send you the written information first and then follow up with a phone call.
[01:38:24.000 --> 01:38:26.000]  Sure.
[01:38:26.000 --> 01:38:27.000]  Okay.
[01:38:27.000 --> 01:38:28.000]  Yeah.
[01:38:28.000 --> 01:38:34.000]  Craig, I'm going to suggest to you that this lawsuit is a great opportunity.
[01:38:34.000 --> 01:38:41.000]  It's a great opportunity to come to understand how the legal system works.
[01:38:41.000 --> 01:38:47.000]  You ever been driving down the road and have the police lights come on behind you
[01:38:47.000 --> 01:38:52.000]  and you feel that hollowness in the pit of your stomach?
[01:38:52.000 --> 01:38:54.000]  Absolutely.
[01:38:54.000 --> 01:38:58.000]  Once you have been through what Jeff's going to teach you,
[01:38:58.000 --> 01:39:06.000]  you look in the mirror and say, go ahead and take your best shot.
[01:39:06.000 --> 01:39:09.000]  Can I see those lights come on?
[01:39:09.000 --> 01:39:23.000]  I don't know about the cops, but I can tell you that you will get that way about any kind of Dunning letter.
[01:39:23.000 --> 01:39:25.000]  Sure.
[01:39:25.000 --> 01:39:32.000]  Oh, boy, money in the bank.
[01:39:32.000 --> 01:39:35.000]  Yeah, so definitely you encouraged the stops then, right?
[01:39:35.000 --> 01:39:38.000]  You encouraged the stops.
[01:39:38.000 --> 01:39:39.000]  I'm sorry, say that again for you.
[01:39:39.000 --> 01:39:41.000]  I didn't quite make out what you said.
[01:39:41.000 --> 01:39:45.000]  I was just making a comment on what Jeff was just saying.
[01:39:45.000 --> 01:39:47.000]  You will encourage cop stops.
[01:39:47.000 --> 01:39:49.000]  I call them cop stops.
[01:39:49.000 --> 01:39:51.000]  No, no, no, no, no, no.
[01:39:51.000 --> 01:39:58.000]  I said I do not know about cops, but when you get a collection letter in the mailbox,
[01:39:58.000 --> 01:40:01.000]  you will go, oh, boy, more money.
[01:40:01.000 --> 01:40:02.000]  Yes, exactly.
[01:40:02.000 --> 01:40:04.000]  That's pretty much my point.
[01:40:04.000 --> 01:40:09.000]  This will give you opportunity to experience the legal system
[01:40:09.000 --> 01:40:17.000]  and experience the legal system from a point of taking control of it rather than being subjected to it.
[01:40:17.000 --> 01:40:22.000]  It will change your whole perspective.
[01:40:22.000 --> 01:40:25.000]  Now, I need about 30 seconds.
[01:40:25.000 --> 01:40:27.000]  I need about 30 seconds.
[01:40:27.000 --> 01:40:29.000]  Go ahead, Jeff.
[01:40:29.000 --> 01:40:32.000]  All right, I'm going to chew on you, Mandy.
[01:40:32.000 --> 01:40:37.000]  I never said it was $1,500 overall for TCBA.
[01:40:37.000 --> 01:40:46.000]  What I said was the statutory damages are $500, which can be troubled if the circumstances are egregious.
[01:40:46.000 --> 01:40:48.000]  Yes.
[01:40:48.000 --> 01:40:53.000]  Does it stop you from asking for $1,500 for a call?
[01:40:53.000 --> 01:40:58.000]  Go ahead and ask for it, but don't count on it if the circumstances aren't egregious.
[01:40:58.000 --> 01:41:03.000]  You get a battery of calls of four times a day for a couple of weeks.
[01:41:03.000 --> 01:41:12.000]  That's egregious, but 70 calls over a year, that is not.
[01:41:12.000 --> 01:41:13.000]  Okay?
[01:41:13.000 --> 01:41:24.000]  Okay, and I am not the credit guy, and that's why I was trying to be as artfully vague as I could be.
[01:41:24.000 --> 01:41:30.000]  How long have I been working on you to drop the word fraud and use false and misleading?
[01:41:30.000 --> 01:41:32.000]  And I've gotten a lot better at it, too.
[01:41:32.000 --> 01:41:34.000]  I've sold them here fraud out of my mouth.
[01:41:34.000 --> 01:41:36.000]  Yes, you have.
[01:41:36.000 --> 01:41:39.000]  All right, I'm going to ring off now and go back to listening mode.
[01:41:39.000 --> 01:41:40.000]  Thank you.
[01:41:40.000 --> 01:41:41.000]  Thank you, Jeff.
[01:41:41.000 --> 01:41:42.000]  You're welcome.
[01:41:42.000 --> 01:41:43.000]  All right.
[01:41:43.000 --> 01:41:44.000]  Good night.
[01:41:44.000 --> 01:41:45.000]  Okay, Craig.
[01:41:45.000 --> 01:41:46.000]  Good night, Carl.
[01:41:46.000 --> 01:41:47.000]  Craig, get in contact with me.
[01:41:47.000 --> 01:41:48.000]  Give me that email.
[01:41:48.000 --> 01:41:50.000]  I'll get you in contact with Jeff.
[01:41:50.000 --> 01:41:54.000]  And then keep us up to date on how this goes.
[01:41:54.000 --> 01:41:55.000]  Absolutely.
[01:41:55.000 --> 01:41:59.000]  And when we get time, I'll tell you about the foreclosure.
[01:41:59.000 --> 01:42:00.000]  That's next.
[01:42:00.000 --> 01:42:01.000]  Okay.
[01:42:01.000 --> 01:42:02.000]  Okay.
[01:42:02.000 --> 01:42:03.000]  That's my area.
[01:42:03.000 --> 01:42:06.000]  We'll talk about that another time.
[01:42:06.000 --> 01:42:07.000]  Okay.
[01:42:07.000 --> 01:42:12.000]  We'll call in next week and we'll talk about the foreclosure.
[01:42:12.000 --> 01:42:13.000]  That's my forte.
[01:42:13.000 --> 01:42:15.000]  That's what I do.
[01:42:15.000 --> 01:42:16.000]  Really?
[01:42:16.000 --> 01:42:17.000]  Yes.
[01:42:17.000 --> 01:42:21.000]  What is the condition of your mortgage at this point?
[01:42:21.000 --> 01:42:26.000]  Well, the crazy thing, let me just say this to catch you up.
[01:42:26.000 --> 01:42:30.000]  I filed an emergency petition in December 2013.
[01:42:30.000 --> 01:42:36.000]  And the emergency petition basically stated that there was a break-in chain of title.
[01:42:36.000 --> 01:42:39.000]  So the judge let me speak on that.
[01:42:39.000 --> 01:42:40.000]  I went in there cross-site.
[01:42:40.000 --> 01:42:43.000]  And believe it or not, he granted it in my favor.
[01:42:43.000 --> 01:42:47.000]  The break-in chain of title was granted, was granted true in my favor.
[01:42:47.000 --> 01:42:52.000]  And I haven't paid a mortgage in about 13, 14 months.
[01:42:52.000 --> 01:42:55.000]  So they got some new lawyers.
[01:42:55.000 --> 01:42:58.000]  And the new lawyers brought me back to court.
[01:42:58.000 --> 01:43:04.000]  And I didn't say the politics was true, but found out that it was.
[01:43:04.000 --> 01:43:10.000]  And he brought in bearer paper and the judge said it squashed the break-in chain of title
[01:43:10.000 --> 01:43:14.000]  and ruled it in their favor for the executory process.
[01:43:14.000 --> 01:43:15.000]  Okay.
[01:43:15.000 --> 01:43:20.000]  Do they have a final adjudication in the case?
[01:43:20.000 --> 01:43:24.000]  The adjudication, in other words, did they file for...
[01:43:24.000 --> 01:43:26.000]  Is there a final order?
[01:43:26.000 --> 01:43:33.000]  Have they filed for the foreclose and the judge granted the foreclosure?
[01:43:33.000 --> 01:43:34.000]  Has that happened?
[01:43:34.000 --> 01:43:35.000]  Yes.
[01:43:35.000 --> 01:43:38.000]  They granted the executory process, which is over in Louisiana,
[01:43:38.000 --> 01:43:40.000]  and I just filed an appeal.
[01:43:40.000 --> 01:43:43.000]  So I'm in the appeal process now.
[01:43:43.000 --> 01:43:44.000]  Okay.
[01:43:44.000 --> 01:43:46.000]  I have a question for you.
[01:43:46.000 --> 01:43:49.000]  But I'm going to reserve that question to ask the break
[01:43:49.000 --> 01:43:52.000]  because I've been falling off the cliff all evening.
[01:43:52.000 --> 01:43:54.000]  This is Randy Kelton, Woodlaw Radio.
[01:43:54.000 --> 01:43:57.000]  I call it number 512-646-1984.
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[01:46:29.000 --> 01:46:36.000]  Okay, we are back.
[01:46:36.000 --> 01:46:38.000]  We're in Kelton, we need our radio,
[01:46:38.000 --> 01:46:46.000]  and we're talking to Craig in Louisiana.
[01:46:46.000 --> 01:46:53.000] ...leading to, if they have granted a foreclosure
[01:46:53.000 --> 01:46:58.000]  and you have filed an appeal, the foreclosure hasn't happened yet.
[01:46:58.000 --> 01:47:04.000]  However, you have received a notice of intent to accelerate.
[01:47:04.000 --> 01:47:08.000]  If you will go to the Truth in Lending Act
[01:47:08.000 --> 01:47:12.000]  and go to the very last statute in it,
[01:47:12.000 --> 01:47:17.000]  I don't have it memorized, I should have a document on it.
[01:47:17.000 --> 01:47:30.000]  The Truth in Lending Act says that if the lender fails to give a foreclosure,
[01:47:30.000 --> 01:47:34.000]  we send a note, nullify the contract.
[01:47:34.000 --> 01:47:40.000]  What happens in rescission is once you file a notice of rescission,
[01:47:40.000 --> 01:47:42.000]  rescission is a done deal.
[01:47:42.000 --> 01:47:48.000]  We just had a recent Supreme Court case that said when you give notice
[01:47:48.000 --> 01:47:56.000]  to the lender of your intent to receive the note, the note is rescinded.
[01:47:56.000 --> 01:48:05.000]  The consequences of that are you must tender back to the lender what they gave you,
[01:48:05.000 --> 01:48:10.000]  and they must tender back to you what you gave them.
[01:48:10.000 --> 01:48:12.000]  So they've got to give you back everything you paid them.
[01:48:12.000 --> 01:48:15.000]  You've got to give them back the house.
[01:48:15.000 --> 01:48:22.000]  So before we get to that part, we look at your HUD-1 settlement statement.
[01:48:22.000 --> 01:48:26.000]  Your HUD-1 settlement statement has all the closing costs on it.
[01:48:26.000 --> 01:48:32.000]  So when you sat down at closing and they put this legal size document in front of you
[01:48:32.000 --> 01:48:37.000]  with all of these numbers on it, did they also provide documentation
[01:48:37.000 --> 01:48:46.000]  to prove that the amounts charged were authorized to be charged by law?
[01:48:46.000 --> 01:48:53.000]  We just looked at one a couple days ago, and they had a $140,000 note,
[01:48:53.000 --> 01:48:58.000]  a $3,600 loan origination fee.
[01:48:58.000 --> 01:49:03.000]  Loan origination fee could only be 1% of the note.
[01:49:03.000 --> 01:49:06.000]  Maximum it could be is $146.
[01:49:06.000 --> 01:49:11.000]  So did they provide documentation to show that the amounts charged
[01:49:11.000 --> 01:49:15.000]  were not forbidden to be charged by law,
[01:49:15.000 --> 01:49:21.000]  that the fees charged were for services actually rendered,
[01:49:21.000 --> 01:49:29.000]  that the vendors were bona fide vendors and not front companies for your fiduciaries,
[01:49:29.000 --> 01:49:36.000]  that the services were necessary, the one I missed, oh, I'm sorry, I didn't,
[01:49:36.000 --> 01:49:41.000]  that the fees were not forbidden to be charged by law.
[01:49:41.000 --> 01:49:49.000]  What the Truth in the Act says is those amounts that are the result
[01:49:49.000 --> 01:49:55.000]  of the normal part of doing business cannot be charged on the HUD-1.
[01:49:55.000 --> 01:50:00.000]  They are to be taken out of the interest that's paid on the note.
[01:50:00.000 --> 01:50:07.000]  So are these, one of these fees, one of those that are forbidden to be charged,
[01:50:07.000 --> 01:50:14.000]  for instance, loan processing fee, document appropriation fee, warehousing fee,
[01:50:14.000 --> 01:50:22.000]  these are those kinds of fees that are intended to be taken out of the interest that you pay.
[01:50:22.000 --> 01:50:27.000]  But instead they put it on the head of the note and you pay interest on it for 30 years.
[01:50:27.000 --> 01:50:31.000]  So did you get a documentation to show also that the lender,
[01:50:31.000 --> 01:50:34.000]  that the services billed for were necessary,
[01:50:34.000 --> 01:50:38.000]  and the lender did not take an undisclosed markup on the amounts charged.
[01:50:38.000 --> 01:50:43.000]  Did you get any of the documentation showing all that?
[01:50:43.000 --> 01:50:48.000]  Oh, you got mute, I was having a little trouble with my caller page.
[01:50:48.000 --> 01:50:49.000]  Okay, go ahead Craig.
[01:50:49.000 --> 01:50:51.000]  No, I didn't get any of it.
[01:50:51.000 --> 01:50:53.000]  Yeah, that's what everybody tells me.
[01:50:53.000 --> 01:51:01.000]  So, since they didn't provide evidence to show that these fees were not fraudulent,
[01:51:01.000 --> 01:51:08.000]  were not deceptive, you claim they're all bad.
[01:51:08.000 --> 01:51:14.000]  They're all bogus, every single one of them, so prove them up.
[01:51:14.000 --> 01:51:16.000]  So when you claim they're all bogus,
[01:51:16.000 --> 01:51:22.000]  you take the full amount on line 1400 of the Hudlund Settlement State.
[01:51:22.000 --> 01:51:28.000]  If they have two columns there for amount paid, one for buyer, one for seller,
[01:51:28.000 --> 01:51:31.000]  you combine them both together because you're the buyer
[01:51:31.000 --> 01:51:36.000]  and you pay all the cost in the end no matter where it's listed.
[01:51:36.000 --> 01:51:46.000]  Then you rescind the note and you claim that the lender filed all these fees at closing
[01:51:46.000 --> 01:51:50.000]  and they were fraudulent.
[01:51:50.000 --> 01:51:55.000]  The Real Estate Settlement Procedures Act, very last one,
[01:51:55.000 --> 01:52:01.000]  I don't have it in my head, 15 something E I believe.
[01:52:01.000 --> 01:52:04.000]  I'll look it up in a minute.
[01:52:04.000 --> 01:52:09.000]  It says that once the foreclosure process begins,
[01:52:09.000 --> 01:52:15.000]  if you can show more than $35 of unauthorized fees to charge,
[01:52:15.000 --> 01:52:19.000]  the right to rescind renews,
[01:52:19.000 --> 01:52:25.000]  and we can always show more than $35 in fraudulent charges.
[01:52:25.000 --> 01:52:26.000]  Sure.
[01:52:26.000 --> 01:52:29.000]  So rescind the note.
[01:52:29.000 --> 01:52:36.000]  Jasnowski, you look up a rescind the note,
[01:52:36.000 --> 01:52:41.000]  just JAS, you'll get a hit on this case.
[01:52:41.000 --> 01:52:46.000]  The morons in Minnesota allowed this to go all the way to the Supreme.
[01:52:46.000 --> 01:52:52.000]  You would think that the courts, that the lawyers for these large banks
[01:52:52.000 --> 01:52:59.000]  would be very cautious about allowing collateral estoppel.
[01:52:59.000 --> 01:53:01.000]  Collateral estoppel.
[01:53:01.000 --> 01:53:05.000]  If you go into court and you argue an issue,
[01:53:05.000 --> 01:53:09.000]  and the court denies you in that issue,
[01:53:09.000 --> 01:53:12.000]  you cannot go to another court and bring the same issue.
[01:53:12.000 --> 01:53:15.000]  You're collaterally stopped.
[01:53:15.000 --> 01:53:20.000]  And here they push to the Supreme and what they were claiming was
[01:53:20.000 --> 01:53:25.000]  if you rescind, you have three years to sue.
[01:53:25.000 --> 01:53:27.000]  So they were saying in any rescindion,
[01:53:27.000 --> 01:53:29.000]  if the bank doesn't agree with it,
[01:53:29.000 --> 01:53:32.000]  you have to sue them to force them to rescind.
[01:53:32.000 --> 01:53:36.000]  And what the Supreme Court said is no, you don't.
[01:53:36.000 --> 01:53:43.000]  It is the clear, based on the clear lettering of the law,
[01:53:43.000 --> 01:53:46.000]  the clear language of the law,
[01:53:46.000 --> 01:53:55.000]  it was the intent that the borrower have the power to rescind the note by notice
[01:53:55.000 --> 01:54:02.000]  and that the borrower does not have to tender until the bank tenders
[01:54:02.000 --> 01:54:05.000]  and the banks never tender.
[01:54:05.000 --> 01:54:08.000]  So look up rescission.
[01:54:08.000 --> 01:54:11.000]  Look up this Jasnowski case.
[01:54:11.000 --> 01:54:14.000]  It is excellent.
[01:54:14.000 --> 01:54:17.000]  And then rescind the note.
[01:54:17.000 --> 01:54:20.000]  Now they won't properly respond to the rescission.
[01:54:20.000 --> 01:54:27.000]  That's okay because in the same statute it says that if the lender does not respond
[01:54:27.000 --> 01:54:32.000]  with an objection to the rescission within 20 days,
[01:54:32.000 --> 01:54:39.000]  you may retain the property with no obligation.
[01:54:39.000 --> 01:54:46.000]  Now, in rescinding the note, I can do that even though I'm in appeals right now
[01:54:46.000 --> 01:54:49.000]  and I've already sent them in.
[01:54:49.000 --> 01:54:55.000]  Okay, a foreclosure has begun but it has not been completed.
[01:54:55.000 --> 01:54:57.000]  Sure, it has not been completed, exactly.
[01:54:57.000 --> 01:55:02.000]  So you can still rescind it.
[01:55:02.000 --> 01:55:10.000]  I sent them a rescission letter and likely they won't know what to do with it.
[01:55:10.000 --> 01:55:12.000]  And that's what you hope.
[01:55:12.000 --> 01:55:14.000]  That's what happened in this case.
[01:55:14.000 --> 01:55:19.000]  I had someone want me to help them get out from under the debt
[01:55:19.000 --> 01:55:22.000]  and that's what most people we talk to want.
[01:55:22.000 --> 01:55:25.000]  He couldn't afford the house, divorce.
[01:55:25.000 --> 01:55:27.000]  He got the house.
[01:55:27.000 --> 01:55:28.000]  She got her kids.
[01:55:28.000 --> 01:55:29.000]  He got his kids.
[01:55:29.000 --> 01:55:31.000]  House is way too big.
[01:55:31.000 --> 01:55:36.000]  He can't afford to have the child support and the property.
[01:55:36.000 --> 01:55:37.000]  So he wants to get rid of it.
[01:55:37.000 --> 01:55:39.000]  He wants to get out from under it.
[01:55:39.000 --> 01:55:41.000]  He wrote his quick claim, warranty deed.
[01:55:41.000 --> 01:55:45.000]  First thing I did is sent a rescission to Wells Fargo Bank.
[01:55:45.000 --> 01:55:47.000]  Wells Fargo Bank got my rescission
[01:55:47.000 --> 01:55:51.000]  and they responded to it by sending a letter to the borrower.
[01:55:51.000 --> 01:55:54.000]  They ignored me.
[01:55:54.000 --> 01:55:58.000]  Refused to respond to me.
[01:55:58.000 --> 01:56:01.000]  Wonderful.
[01:56:01.000 --> 01:56:03.000]  You don't want to talk to me, Bubba?
[01:56:03.000 --> 01:56:08.000]  You're going to miss that 20-day window that you have.
[01:56:08.000 --> 01:56:12.000]  And they missed that 20-day window.
[01:56:12.000 --> 01:56:18.000]  So I went back and I filed a prepared a quiet title action
[01:56:18.000 --> 01:56:21.000]  with all the case law in it.
[01:56:21.000 --> 01:56:26.000]  And I gave it to my lawyer to have him go to the lawyers for the bank and say,
[01:56:26.000 --> 01:56:33.000]  guys, this is the lawsuit I'm fixing to clobber you with.
[01:56:33.000 --> 01:56:35.000]  But I don't want to do that.
[01:56:35.000 --> 01:56:41.000]  So I tell you what, make me a deal.
[01:56:41.000 --> 01:56:52.000]  How much does the bank claim is the amount you would have to tender to cure the default?
[01:56:52.000 --> 01:56:56.000]  Sure.
[01:56:56.000 --> 01:56:58.000]  Okay, you probably don't have that in front of you.
[01:56:58.000 --> 01:57:00.000]  You need to know that number.
[01:57:00.000 --> 01:57:02.000]  Because at any time in the process,
[01:57:02.000 --> 01:57:06.000]  you could drop that amount on the table and the default is over.
[01:57:06.000 --> 01:57:12.000]  $64,300.
[01:57:12.000 --> 01:57:16.000]  What was the original principal?
[01:57:16.000 --> 01:57:20.000]  $79,000.
[01:57:20.000 --> 01:57:27.000]  Okay, what was the date of the note?
[01:57:27.000 --> 01:57:35.000]  The date of the note, the person was 1996, and then I did a supply in 2001.
[01:57:35.000 --> 01:57:37.000]  Wow, okay.
[01:57:37.000 --> 01:57:44.000]  What I would like you to do is make a copy of the first page of the note,
[01:57:44.000 --> 01:57:48.000]  the truce and lending statement if you can find it.
[01:57:48.000 --> 01:57:54.000]  It will be a page with four boxes across the center of the page
[01:57:54.000 --> 01:57:58.000]  and the hard-won settlement statement.
[01:57:58.000 --> 01:58:03.000]  And I'll run some, I'll crunch some numbers.
[01:58:03.000 --> 01:58:07.000]  I can pretty well, I have a spreadsheet that will pretty well tell me
[01:58:07.000 --> 01:58:13.000]  what your property should be, what you owe against the property right now.
[01:58:13.000 --> 01:58:16.000]  We don't care what the bank says.
[01:58:16.000 --> 01:58:23.000]  We can show by the numbers based on the origination date of the note, month, year.
[01:58:23.000 --> 01:58:25.000]  The interest rate.
[01:58:25.000 --> 01:58:29.000]  We'll run an amortization and tell exactly what you should owe on it.
[01:58:29.000 --> 01:58:32.000]  And you go to the bank and you see, file a rescission.
[01:58:32.000 --> 01:58:35.000]  And then you go to the bank and say,
[01:58:35.000 --> 01:58:38.000]  you didn't answer the rescission, now I get to keep the property
[01:58:38.000 --> 01:58:40.000]  with no further obligation.
[01:58:40.000 --> 01:58:42.000]  And they'll jump up and down and wave their hands
[01:58:42.000 --> 01:58:46.000]  with real and righteous indignation and you say,
[01:58:46.000 --> 01:58:50.000]  okay, let's make it.
[01:58:50.000 --> 01:58:54.000]  The Bible remains the most popular book in the world,
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[01:59:02.000 --> 01:59:07.000]  but in the process can compromise the profound meaning of the scripture.
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