ROL_2015-08-21_16k_Hr3-4.timecode

[00:00.000 --> 00:07.720]  The following newsflash is brought to you by the Lone Star Lowdown, providing the jelly
[00:07.720 --> 00:09.920]  bulletins for the commodity market.
[00:09.920 --> 00:23.480]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.480 --> 00:30.040]  News for the 20th of August, 2015, opened up with gold at $1,154.76 an ounce, silver
[00:30.040 --> 00:35.920]  at $15.54 an ounce, Texas crude at $40.80 a barrel, and Bitcoin is currently sitting
[00:35.920 --> 00:43.920]  in about 235 U.S. currency.
[00:43.920 --> 00:49.560]  Today in history, Sunday, August 20, 1922, the world's first Women's Olympic Games are
[00:49.560 --> 00:53.640]  held in track and field competitions in Paris, France.
[00:53.640 --> 00:57.360]  The tournament was held on a single day and was in response to the International Olympics
[00:57.360 --> 01:02.480]  Committee refusal to include women's events in the 1924 Olympic Games.
[01:02.480 --> 01:05.760]  The Games were attended by an audience of roughly 20,000 spectators.
[01:05.760 --> 01:12.040]  18 world records were set.
[01:12.040 --> 01:16.720]  In recent news, Jared Fogel's wife, Katie, has officially filed for divorce from their
[01:16.720 --> 01:22.920]  five-year marriage yesterday as the ex-spokesman for Subway agreed to plead guilty to charges
[01:22.920 --> 01:27.440]  of sexual intercourse with at least two minors and possession of child pornography.
[01:27.440 --> 01:32.760]  He has agreed to pay out $1.4 million in total to the victims in restitution for counseling,
[01:32.760 --> 01:36.140]  support, treatment, or other assistance related to their abuse.
[01:36.140 --> 01:40.240]  He apparently wasn't doing this alone, as Russell Taylor, who was the executive director
[01:40.240 --> 01:44.880]  of Fogel's Childhood Obesity Charity, was also involved in these obscenities.
[01:44.880 --> 01:52.520]  They're both expected to do time.
[01:52.520 --> 01:56.480]  Federal scientists announced today that this last July was the all-time warmest month ever
[01:56.480 --> 02:01.360]  recorded since the 1880s, when modern temperature record-keeping first began.
[02:01.360 --> 02:04.600]  Scientists are predicting that as a result of this heat wave, the Pacific Ocean will
[02:04.600 --> 02:09.280]  continue to warm up, causing the ocean to release even more heat into the atmosphere,
[02:09.280 --> 02:12.520]  almost certainly making 2015 the hottest year ever recorded.
[02:12.520 --> 02:16.680]  The debate is expected to continue between whether these increases in temperatures are
[02:16.680 --> 02:26.600]  a result of man-made climate change or simply part of Earth's climate cycles.
[02:26.600 --> 02:31.000]  Women will be allowed to vote and run for office in Saudi Arabia's municipal elections
[02:31.000 --> 02:32.660]  for the first time ever.
[02:32.660 --> 02:39.400]  The Arab woman's suffrage comes four years after the late Saudi king Abdulaziz al-Assad
[02:39.400 --> 02:42.320]  approved the changes back in 2011.
[02:42.320 --> 02:46.720]  Only 70 women are looking to run as candidates, while another 80 have registered as campaign
[02:46.720 --> 02:47.720]  managers.
[02:47.720 --> 02:51.320]  Many are still questioning whether this really brings any substantial change to a country
[02:51.320 --> 02:54.400]  where women's activities and rights are heavily restricted.
[02:54.400 --> 03:13.400]  This is your lowdown for August 20th, 2015.
[03:13.400 --> 03:39.920]  Okay, we are back, Randy Kelton with the radio, and I kind of jumped the gun on the bunker
[03:39.920 --> 03:46.720]  music there, but I was just so enthusiastic to get back to Mark at this concert.
[03:46.720 --> 03:53.160]  Mark, you're a man after my own heart, you're having way too much fun jerking these folks
[03:53.160 --> 03:54.160]  around.
[03:54.160 --> 04:01.160]  Well, I'm hoping to jerk around a couple of judges next.
[04:01.160 --> 04:13.880]  If we are going to be exquisitely effective, this is exactly how we have to do it.
[04:13.880 --> 04:23.240]  I suspect when you go in there that they really have no idea how to deal with you, because
[04:23.240 --> 04:31.480]  you're not reacting and responding the way they are accustomed to.
[04:31.480 --> 04:35.640]  I have that experience when I go ask them to do something and they don't do what I
[04:35.640 --> 04:38.800]  ask them to do.
[04:38.800 --> 04:46.120]  I immediately do something else, and they get the impression that chump set me up for
[04:46.120 --> 04:47.120]  that.
[04:47.120 --> 04:56.640]  Yeah, as a matter of fact, I did, and I think that has had a greater effect on these public
[04:56.640 --> 05:00.400]  officials than anything else we've ever done.
[05:00.400 --> 05:09.440]  So you're being more knowledgeable, and enjoying what you're doing has got to be very disconcerting
[05:09.440 --> 05:11.640]  for these folks.
[05:11.640 --> 05:17.480]  So now you're after the law firms.
[05:17.480 --> 05:20.480]  What are you going to do?
[05:20.480 --> 05:31.560]  Well, really the law firm is, as far as I'm concerned, sort of secondary, because I got
[05:31.560 --> 05:39.880]  a second law firm, a single lawyer, who had also committed misconduct.
[05:39.880 --> 05:46.440]  Now what was interesting is his misconduct, I got mentioned tangentially in the case,
[05:46.440 --> 05:57.320]  because I can't lie, it was just misconduct, he stated that I'd received stolen money.
[05:57.320 --> 06:03.600]  That one, what was interesting, when I bar grieved him, I got a much better response
[06:03.600 --> 06:05.880]  from the grievance committee.
[06:05.880 --> 06:12.720]  They were more thorough, and they came back with a far better letter than the one I got
[06:12.720 --> 06:18.080]  from the first go around, which was far more personally egregious, and in your face, where
[06:18.080 --> 06:22.360]  they said, this did not rise to the level of misconduct.
[06:22.360 --> 06:29.520]  So they know who I am, they know that-
[06:29.520 --> 06:33.360]  They found out that you didn't just go away.
[06:33.360 --> 06:43.040]  No, no, so really, I've got two separate ones, and then in the federal bankruptcy court,
[06:43.040 --> 06:49.920]  where I was a pro se debtor, there was a little bit of fibbing too.
[06:49.920 --> 06:58.400]  That revolved around modified contracts with ginned up dates, and negotiations, and sending
[06:58.400 --> 07:08.160]  documents back and forth where they were adding the dates and changing the dates on contracts.
[07:08.160 --> 07:13.400]  And I've got a lawyer there that I can go after.
[07:13.400 --> 07:20.880]  The final lawyer in this whole thing is the person in question has been claiming his daughter
[07:20.880 --> 07:28.640]  who's a lawyer is really who he has been representing, and when he goes to hearings, etc.
[07:28.640 --> 07:31.800]  So now there's a minor problem.
[07:31.800 --> 07:39.360]  Her name shows up in a federal document, five-year perjury for anybody filling it out, where
[07:39.360 --> 07:43.160]  she was cited as the owner of an asset.
[07:43.160 --> 07:45.400]  I don't think she's the owner of the asset.
[07:45.400 --> 07:52.240]  I think he forged his daughter's electronic signature, but I can't prove that because
[07:52.240 --> 07:57.000]  of course, the holders of the federal document don't produce that information.
[07:57.000 --> 07:59.280]  However, he's showing up-
[07:59.280 --> 08:03.840]  Are you saying you really don't have that information?
[08:03.840 --> 08:05.560]  I do not have proof.
[08:05.560 --> 08:15.200]  I strongly suspect I have third party conversations that have been made available to me, but she's
[08:15.200 --> 08:21.480]  never come forward and thrown her dad under the bus, and none of that's happened.
[08:21.480 --> 08:27.040]  Well, I think I got an opportunity to throw daddy under the bus.
[08:27.040 --> 08:34.360]  He either practiced law without a license, or his daughter has been having professional
[08:34.360 --> 08:43.640]  misconduct, and either one of those are a matter for the Wisconsin Supreme Court because
[08:43.640 --> 08:50.760]  that falls outside the one case, if he's practicing law without a license, that's the Supreme
[08:50.760 --> 08:51.760]  Court's baby.
[08:51.760 --> 08:58.960]  That's their rules, and if it's just a straight up bar grievance, well, that's still theirs.
[08:58.960 --> 09:05.800]  So I suspect that a judge, the judge doesn't play nice, which I suspect I can get the judge
[09:05.800 --> 09:08.360]  not to play nice.
[09:08.360 --> 09:15.120]  I can do a mandamus, and why not just send the mandamus straight to the Supreme Court
[09:15.120 --> 09:16.120]  of Wisconsin?
[09:16.120 --> 09:20.800]  Well, how does it work in Wisconsin?
[09:20.800 --> 09:22.320]  How do you get to the Supreme Court?
[09:22.320 --> 09:32.000]  Well, I got to the Supreme Court on a disqualification, but I only got there statutorily where it
[09:32.000 --> 09:42.920]  said that if you disqualify a judge, then the judge is required, if you file a disqualification,
[09:42.920 --> 09:48.520]  he's required to send a disqualification to the head administrative judge of the district.
[09:48.520 --> 09:54.360]  If you then disqualify the head administrative judge of the district, he is required to give
[09:54.360 --> 09:59.280]  notice to the chief justice of the Supreme.
[09:59.280 --> 10:05.320]  He did not give notice to the chief justice of the Supreme, so I did, but I had a statutory
[10:05.320 --> 10:06.320]  way to get there.
[10:06.320 --> 10:11.360]  How do you get to the Supreme in Wisconsin?
[10:11.360 --> 10:23.640]  The only statutory way that I can see is a matter, any matter that be, any matter a judge
[10:23.640 --> 10:28.280]  can kick right to the Supreme if they say, you know what, we don't want to even handle
[10:28.280 --> 10:33.360]  this, this is obviously a problem these guys need to solve, and that was the manner in
[10:33.360 --> 10:40.800]  which I was looking for it, but the statutory chain there, maybe Wisconsin has a chain like
[10:40.800 --> 10:46.000]  that and I can sucker them into tripping, tripping up on that chain.
[10:46.000 --> 10:56.040]  You might check, just do a search for, I'm thinking how would I find that?
[10:56.040 --> 11:02.200]  Pro se supreme, that's not, what do you actually do to bring to the Supreme?
[11:02.200 --> 11:07.440]  How would we characterize what you're trying to take to the Supreme?
[11:07.440 --> 11:10.840]  Well, straight up, I thought-
[11:10.840 --> 11:13.920]  Wait, hold on, let me back up a second.
[11:13.920 --> 11:24.640]  In Wisconsin, do you have a separate bar association or does the Supreme handle your bar complaints?
[11:24.640 --> 11:34.360]  The Supreme, it is an office of the Supremes to the bar for bar complaints, I believe.
[11:34.360 --> 11:44.640]  So that, that kind of secondarily has a shot toward the Supreme, so if the Supreme is responding
[11:44.640 --> 11:53.480]  at superior to the bar association, you should be able to move past the association to the
[11:53.480 --> 11:54.480]  Supreme.
[11:54.480 --> 12:00.400]  The bar association renders a ruling and you want to appeal the ruling, to whom would you
[12:00.400 --> 12:03.400]  appeal?
[12:03.400 --> 12:11.000]  I haven't appealed any of their rulings at this point, I haven't looked, but my memory
[12:11.000 --> 12:22.760]  was some effect of, the rulings were the final word, etc., is what I remember, but I believe
[12:22.760 --> 12:28.480]  the other, it makes sense that it would go straight to the Supremes, because if it's
[12:28.480 --> 12:36.680]  otherwise an office of the Supreme Court, the lawyer regulation and the rules being
[12:36.680 --> 12:40.480]  the Supreme Court rules, FDR.
[12:40.480 --> 12:50.600]  Okay, what if you filed a complaint against the regulatory agency?
[12:50.600 --> 13:01.320]  That is a, I'd have to look at that and see, because I haven't...
[13:01.320 --> 13:06.440]  What I'm doing here is I'm calculating how we can get straight to the Supreme.
[13:06.440 --> 13:16.560]  If the Supreme is the overall governing agency, then an appeal to one of its subsections would
[13:16.560 --> 13:20.960]  have seen it would go straight to the Supreme.
[13:20.960 --> 13:34.160]  I brought up the, pretending to be a lawyer already to the bar regulation and to receive
[13:34.160 --> 13:40.440]  no response, so I already know they don't want to touch that with a ten-foot pole.
[13:40.440 --> 13:41.440]  Okay, question.
[13:41.440 --> 13:46.920]  Is there an illegal practice of law statute in Wisconsin?
[13:46.920 --> 13:55.680]  Yes, and the illegal practice of law statute is tied to Supreme Court rules, and really,
[13:55.680 --> 14:01.960]  it seems to be, there doesn't seem to be a criminal penalty associated with it.
[14:01.960 --> 14:05.320]  It's a Supreme Court rule, and that's it.
[14:05.320 --> 14:13.160]  There doesn't seem to be a criminal misconduct, but in the Supreme Court rules, it says something
[14:13.160 --> 14:18.840]  to the effect of just like misconduct or contempt.
[14:18.840 --> 14:23.760]  We get to do what we feel we have to to make sure this doesn't happen.
[14:23.760 --> 14:29.560]  So you could petition the Supreme for a contempt order?
[14:29.560 --> 14:34.320]  Yep, that's a good path.
[14:34.320 --> 14:43.120]  The main thing here is not getting the Supreme to act, but simply putting it in front of
[14:43.120 --> 14:44.120]  the Supreme.
[14:44.120 --> 14:51.560]  That will have everybody below them shaking in their boots, because in the end, it's all
[14:51.560 --> 14:52.560]  politics.
[14:52.560 --> 15:03.720]  And the best you can hope for is that the Supreme wants leverage for some reason.
[15:03.720 --> 15:08.200]  I got all of the highest judges in Texas put in front of a grand jury.
[15:08.200 --> 15:15.280]  Had nothing to do with the validity or the seriousness of my pleadings.
[15:15.280 --> 15:21.240]  It had to do with Ron Earl, outgoing 25-year district attorney, Democrat.
[15:21.240 --> 15:29.840]  All these judges are Republicans, happened to hit in right place, right time.
[15:29.840 --> 15:33.760]  It's all about the politics.
[15:33.760 --> 15:43.160]  So what we do is we try to give these higher level officials cannon fodder to use against
[15:43.160 --> 15:46.080]  the lower level officials.
[15:46.080 --> 15:51.920]  So probably the most you can hope for is that for some reason, the Supreme wants leverage
[15:51.920 --> 15:54.440]  against the Bar Association.
[15:54.440 --> 16:00.960]  You're pleading your complaints to get it.
[16:00.960 --> 16:03.960]  Does that make sense?
[16:03.960 --> 16:04.960]  Yeah.
[16:04.960 --> 16:05.960]  Yeah.
[16:05.960 --> 16:14.160]  The other little politics thing that happened, one of the attorneys that became a partner
[16:14.160 --> 16:24.120]  after the one attorney left the law firm in question, ceased being a partner, also a shareholder.
[16:24.120 --> 16:31.520]  And left practicing law, went back to being a clerk for the bankruptcy judge.
[16:31.520 --> 16:32.520]  Wow.
[16:32.520 --> 16:43.360]  Now, the bankruptcy judge got to see my friend, and that's where I was a creditor.
[16:43.360 --> 16:44.360]  Okay.
[16:44.360 --> 16:45.360]  Hang on.
[16:45.360 --> 16:46.360]  This is good.
[16:46.360 --> 16:47.360]  Randy Kelton, Rural Radio.
[16:47.360 --> 16:48.360]  I call it number 512-646-1984.
[16:48.360 --> 16:55.960]  And Nathan, we'll get to you.
[16:55.960 --> 16:56.960]  Thank you for holding on.
[16:56.960 --> 16:57.960]  We'll be right back.
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[18:59.960 --> 19:12.760]  You are listening to the Logos Radio Network, lo-lo-lo-logosradionetwork.com.
[19:12.760 --> 19:33.880]  Okay.
[19:33.880 --> 19:34.880]  We are back.
[19:34.880 --> 19:39.200]  Randy Kelton, Rule of Law Radio, and we're talking to Mark in Wisconsin.
[19:39.200 --> 19:47.200]  Okay, Mark, we strategized how to get to the Supreme with complaints against your other
[19:47.200 --> 19:50.520]  lawyer.
[19:50.520 --> 19:52.600]  What was your original reason for calling in?
[19:52.600 --> 19:54.200]  I think we kind of got sidetracked.
[19:54.200 --> 20:05.000]  Well, it was to get the Texas case and the details, and it does that, so now it's kind
[20:05.000 --> 20:10.360]  of the storytelling and how effective the bar grievances can be.
[20:10.360 --> 20:19.440]  The gal was listed in the up-and-coming bankruptcy lawyer on the Bankruptcy Rules Committee advising
[20:19.440 --> 20:28.400]  along with 14 other lawyers, etc., hits the shareholder about the same time as my bar
[20:28.400 --> 20:34.920]  grievance hits, and then she leaves and just goes back to clerking for the bankruptcy court.
[20:34.920 --> 20:42.680]  Maybe she died and decided that the water was too deep at this end of the pool.
[20:42.680 --> 20:47.680]  Oh, you should have seen the looks I got from her.
[20:47.680 --> 20:53.760]  She'd always quickly leave the room, and a different other clerk would be in the court
[20:53.760 --> 20:56.720]  when I was there, when they knew I was coming.
[20:56.720 --> 20:57.720]  Good.
[20:57.720 --> 21:03.480]  When they knew I was coming, she's normally the one doing the clerking.
[21:03.480 --> 21:04.640]  Wonderful.
[21:04.640 --> 21:05.640]  This is what they need.
[21:05.640 --> 21:11.840]  They need to be more afraid of the ordinary individual than anybody else that walks in
[21:11.840 --> 21:17.680]  the courtroom or in the courthouse.
[21:17.680 --> 21:18.680]  So good.
[21:18.680 --> 21:19.680]  You're doing your job.
[21:19.680 --> 21:20.680]  Yeah.
[21:20.680 --> 21:25.680]  Certainly, I'm a legend in my own mind.
[21:25.680 --> 21:33.520]  Well, at least you're a legend somewhere, and I do talk about you, and I make up stories
[21:33.520 --> 21:35.640]  about you all the time.
[21:35.640 --> 21:36.640]  It's good.
[21:36.640 --> 21:37.640]  It's good.
[21:37.640 --> 21:40.640]  And we laugh, and we laugh.
[21:40.640 --> 21:44.600]  Well, it's a strange world, ultimately.
[21:44.600 --> 21:54.360]  The business in question that I sued and started this whole journey, hiring me to do data recovery
[21:54.360 --> 22:02.200]  and other things, and trying to get the aftermath cleaned up of this ex-general manager.
[22:02.200 --> 22:03.680]  Now that's interesting.
[22:03.680 --> 22:10.960]  Well, on the $3,000 case, they spent $30,000 with a lawyer to fight me.
[22:10.960 --> 22:12.960]  That's business.
[22:12.960 --> 22:19.720]  And the owners having kicked out the guy who spent the $30,000 on being retained to go
[22:19.720 --> 22:29.040]  through the data and go through the systems, get them unlocked, get past the blocks that
[22:29.040 --> 22:37.800]  were put in, because they got a $1.9 million judgment against the guy and the ex-general
[22:37.800 --> 22:44.200]  manager, and ultimately executed a writ to seize everything except his underwear drawer.
[22:44.200 --> 22:45.200]  Wonderful.
[22:45.200 --> 22:46.200]  Yeah.
[22:46.200 --> 22:50.640]  So this is the guy that you've been after all these years that you've been calling
[22:50.640 --> 22:51.640]  in.
[22:51.640 --> 22:52.640]  Oh, yeah.
[22:52.640 --> 22:55.120]  Well, he's prompted to calling in.
[22:55.120 --> 23:00.120]  And I've been listening to you since you guys were on We the People radio network.
[23:00.120 --> 23:05.040]  And so I've been listening for a number of years before I called.
[23:05.040 --> 23:10.240]  Well, I'm glad you have been, and I'm glad to see what you're doing, that you're getting
[23:10.240 --> 23:11.880]  people around the country doing this.
[23:11.880 --> 23:13.920]  This is how we take our country back.
[23:13.920 --> 23:15.920]  One courtroom at a time.
[23:15.920 --> 23:16.920]  Yep.
[23:16.920 --> 23:17.920]  One judge.
[23:17.920 --> 23:20.920]  Well, I'm glad to get on with your evening.
[23:20.920 --> 23:29.920]  Thanks for giving me the Texas case there versus the lawyer.
[23:29.920 --> 23:30.920]  Okay.
[23:30.920 --> 23:31.920]  Bye.
[23:31.920 --> 23:32.920]  Thank you, Mark.
[23:32.920 --> 23:35.920]  And don't be a stranger.
[23:35.920 --> 23:36.920]  Okay.
[23:36.920 --> 23:39.920]  Now we're going to go to Nathan in New York.
[23:39.920 --> 23:42.920]  Nathan, let's see if I can hear you better this time.
[23:42.920 --> 23:44.920]  Is this better now?
[23:44.920 --> 23:47.920]  Oh, much better.
[23:47.920 --> 23:48.920]  Good.
[23:48.920 --> 23:53.920]  Okay.
[23:53.920 --> 24:02.920]  What I was saying earlier, and none of, you know, I'm pretty ignorant when it comes to
[24:02.920 --> 24:03.920]  law.
[24:03.920 --> 24:08.920]  And I got your name and phone number from a friend of mine.
[24:08.920 --> 24:17.920]  What I've been hearing is this is probably pretty simple as far as, you know, may even
[24:17.920 --> 24:21.920]  be what could be classified as a dumb question.
[24:21.920 --> 24:33.920]  But what I had was two different real estate transactions.
[24:33.920 --> 24:43.920]  And the, in both cases, were not able to see the HUD until very shortly before closing
[24:43.920 --> 24:50.920]  the deal, had disputes with information that was on the HUD and basically had no...
[24:50.920 --> 24:51.920]  Okay.
[24:51.920 --> 24:52.920]  Hold on.
[24:52.920 --> 24:55.920]  How old is the contract?
[24:55.920 --> 25:00.920]  I mean, when did this transaction take place?
[25:00.920 --> 25:11.920]  Well, the one that I guess we'll start with the first one, the contract would have been
[25:11.920 --> 25:13.920]  due...
[25:13.920 --> 25:21.920]  The contract would have been in April, would have been made in April of this year before
[25:21.920 --> 25:22.920]  the settlement.
[25:22.920 --> 25:23.920]  Okay.
[25:23.920 --> 25:24.920]  Okay.
[25:24.920 --> 25:30.920]  I've done a lot of work on HUD ones.
[25:30.920 --> 25:35.920]  And every single, not every.
[25:35.920 --> 25:44.920]  There's probably one or two HUD ones I've seen that did not have what were obviously
[25:44.920 --> 25:46.920]  fraudulent fees on it.
[25:46.920 --> 25:52.920]  And both of these were refinances under special circumstances.
[25:52.920 --> 25:59.920]  And these two didn't have any fees on them.
[25:59.920 --> 26:09.920]  On the HUD one, when you went to closing, did the lender provide documentation, or I'm
[26:09.920 --> 26:11.920]  sorry, not the lender, the trustee.
[26:11.920 --> 26:13.920]  This is the place of the trustee.
[26:13.920 --> 26:20.920]  Did he provide documentation to show that the fees charged on the HUD one were not otherwise
[26:20.920 --> 26:29.920]  forbidden to be charged by law as certain fees, certain costs of the lender are intended
[26:29.920 --> 26:35.920]  to be taken out of the finance charge, out of the interest that the lender makes on the
[26:35.920 --> 26:37.920]  note.
[26:37.920 --> 26:46.920]  And those fees are, those costs are the normal cost of doing business.
[26:46.920 --> 26:53.920]  You look on your HUD one and you see commit preparation fee, processing fee, warehousing
[26:53.920 --> 26:54.920]  fee.
[26:54.920 --> 27:01.920]  These are the normal part of doing business, and they're not authorized by law, but they
[27:01.920 --> 27:03.920]  always do.
[27:03.920 --> 27:11.920]  And, okay, make sure that the fees are not otherwise forbidden to be charged by law.
[27:11.920 --> 27:18.920]  To make sure that the fees were for services actually rendered, that the services, if they
[27:18.920 --> 27:25.920]  were actually rendered, were necessary, that the amounts charged were reasonable, and that
[27:25.920 --> 27:31.920]  the lender did not take an undisclosed markup on the amounts charged.
[27:31.920 --> 27:38.920]  Now, I suspect you're going to give the same answer everybody has given me, and that is
[27:38.920 --> 27:45.920]  that there was no documentation to support the fees.
[27:45.920 --> 27:47.920]  Is that correct?
[27:47.920 --> 27:55.920]  What is, on the HUD one, at the bottom of the HUD one, line 1400 page 2, what is the
[27:55.920 --> 28:02.920]  full amount of, do you have the HUD one in front of you?
[28:02.920 --> 28:04.920]  I do not right now.
[28:04.920 --> 28:05.920]  Okay.
[28:05.920 --> 28:15.920]  One of the things that, but I think what you're after there, 1400...
[28:15.920 --> 28:19.920]  1400 is the total.
[28:19.920 --> 28:23.920]  The total of the fee being charged.
[28:23.920 --> 28:24.920]  Yes.
[28:24.920 --> 28:25.920]  Yes.
[28:25.920 --> 28:34.920]  And I always, when I do the calculation, I always add up paid by buyer, paid by seller.
[28:34.920 --> 28:39.920]  Because in the end, the buyer pays for everything.
[28:39.920 --> 28:44.920]  If the seller has to put out money, he bumps his price up to cover it.
[28:44.920 --> 28:53.920]  So, I want to see the full amount and compare the full amount to the size of the note.
[28:53.920 --> 28:58.920]  You were going to say something, and I kind of interrupted you.
[28:58.920 --> 29:06.920]  Well, the transaction that took place was just this morning, and we went to contract.
[29:06.920 --> 29:16.920]  I guess we would have been under contract for this one for somewhere around a month.
[29:16.920 --> 29:23.920]  I don't recall when that contract was signed exactly.
[29:23.920 --> 29:30.920]  But the, you know, this was settlement this morning.
[29:30.920 --> 29:36.920]  It happened actually this morning, and this was on a property in Pennsylvania.
[29:36.920 --> 29:37.920]  Okay.
[29:37.920 --> 29:38.920]  Hang on.
[29:38.920 --> 29:39.920]  We're about to go to break.
[29:39.920 --> 29:40.920]  This is Randy Kelton.
[29:40.920 --> 29:41.920]  He was on our radio.
[29:41.920 --> 29:45.920]  Our call-in number, 512-646-1984.
[29:45.920 --> 29:46.920]  Give us a call.
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[33:24.920 --> 33:28.920]  Okay, we are back. Rule of Law Radio, Randy Kelton.
[33:28.920 --> 33:31.920]  We're talking to Nathan in New York.
[33:31.920 --> 33:35.920]  Okay, Nathan, you had two transactions.
[33:35.920 --> 33:39.920]  You sold one property and purchased another.
[33:39.920 --> 33:43.920]  And now your question is about the HUD one.
[33:43.920 --> 33:48.920]  I'll take it on the property that you purchased.
[33:48.920 --> 33:58.920]  The question is actually the property that I sold or both of them.
[33:58.920 --> 34:11.920]  Basically, the question is, are you able to, before you accept the HUD one,
[34:11.920 --> 34:22.920]  are you able to have time to dispute?
[34:22.920 --> 34:27.920]  Oh, absolutely. This is a contract negotiation.
[34:27.920 --> 34:33.920]  Without them filing suit against you?
[34:33.920 --> 34:35.920]  No, they can't.
[34:35.920 --> 34:41.920]  This is a, closing is a contract negotiation.
[34:41.920 --> 34:48.920]  There's no real law saying how you have to do that, especially on your part.
[34:48.920 --> 34:55.920]  As a trustee, he has some certain duties, but this is a contract negotiation.
[34:55.920 --> 34:58.920]  They want it not to be a negotiation.
[34:58.920 --> 35:03.920]  They want it just to, you to come in there and do whatever they tell you and just sign it.
[35:03.920 --> 35:07.920]  I have a friend of mine, he's been on the show, Ken Magnuson,
[35:07.920 --> 35:11.920]  and he's kind of a grumpy old fellow.
[35:11.920 --> 35:16.920]  He went to closing on his property and they gave him this huge stack of documents
[35:16.920 --> 35:19.920]  and he said, well, it's going to take me a while to read these.
[35:19.920 --> 35:22.920]  Then they said, well, we don't have time. You'll just have to sign them.
[35:22.920 --> 35:26.920]  He said, no, I am not signing these without reading them.
[35:26.920 --> 35:30.920]  They said, well, then we can't have this closing. I have another one scheduled.
[35:30.920 --> 35:33.920]  And he told them, well, go to your other ones that are scheduled,
[35:33.920 --> 35:35.920]  but we won't sell you the property.
[35:35.920 --> 35:38.920]  Then you won't sell me the property because I'm not going to buy the property
[35:38.920 --> 35:41.920]  until I've read the documentation.
[35:41.920 --> 35:46.920]  And they decided they could wait for him to read them and he read the document.
[35:46.920 --> 35:54.920]  So they will try to pressure you, but you're the controlling character.
[35:54.920 --> 35:59.920]  You're the one that they're trying to get to enter into a contract.
[35:59.920 --> 36:04.920]  So you dictate how this one works.
[36:04.920 --> 36:12.920]  At closing, did you feel the pressure to sign this contract?
[36:12.920 --> 36:23.920]  As the seller, because what happened was, you know, in my case here is that last
[36:23.920 --> 36:30.920]  – and this just took place this morning, last evening and this morning in case
[36:30.920 --> 36:32.920]  I had a builder working for me.
[36:32.920 --> 36:41.920]  And so, you know, I signed a bunch of documents that was for the abstract company.
[36:41.920 --> 36:49.920]  And in that – nothing in that stack of documents from the abstract company
[36:49.920 --> 36:56.920]  doing title work was – there was no copy to the HUD-1.
[36:56.920 --> 37:00.920]  The HUD-1 was not prepared yet, so on and so forth.
[37:00.920 --> 37:04.920]  So we don't have anything of the HUD-1.
[37:04.920 --> 37:16.920]  And last evening at 5 o'clock, I am able to finally see the HUD-1 while I get the HUD-1.
[37:16.920 --> 37:26.920]  And on there is multiple fees from a municipality having to do with the sewer tap
[37:26.920 --> 37:34.920]  and fee and some monthly charges and so on and so forth from a municipality.
[37:34.920 --> 37:40.920]  Well, I look at these and I say, well, which we hooked into public sewer.
[37:40.920 --> 37:45.920]  We were forced into doing that, which was another interesting scenario in itself.
[37:45.920 --> 37:56.920]  But, you know, some of these charges that were on there, I said, you know,
[37:56.920 --> 37:58.920]  these don't belong on the HUD-1.
[37:58.920 --> 38:00.920]  They don't – I've already paid this money.
[38:00.920 --> 38:02.920]  They don't belong here.
[38:02.920 --> 38:05.920]  I want to dispute these charges.
[38:05.920 --> 38:13.920]  And the answer that I got was that, okay, I'll see what I can do.
[38:13.920 --> 38:19.920]  So this is talking to the title company that is doing this.
[38:19.920 --> 38:25.920]  And then they go – well, obviously it was after 5.
[38:25.920 --> 38:28.920]  Nobody was in the authority at that point.
[38:28.920 --> 38:34.920]  And so she called this morning and got back with me about 9 o'clock.
[38:34.920 --> 38:40.920]  And she said that, you know, they're saying that these charges are due.
[38:40.920 --> 38:43.920]  And so we have to put these on the HUD.
[38:43.920 --> 38:45.920]  And I said, well, wait a minute.
[38:45.920 --> 38:48.920]  I want to dispute that with the authority, you know,
[38:48.920 --> 38:55.920]  that I would like to dispute those charges and get this resolved
[38:55.920 --> 39:00.920]  before we go to settlement on this property.
[39:00.920 --> 39:08.920]  And so we almost went to – and then we come up with the idea,
[39:08.920 --> 39:10.920]  well, settlement was at 10 o'clock.
[39:10.920 --> 39:21.920]  So we come up with the idea of having them hold the full amount
[39:21.920 --> 39:26.920]  that the authority was asking for, this municipality was asking for,
[39:26.920 --> 39:31.920]  in escrow until these – until the dispute could be resolved
[39:31.920 --> 39:34.920]  but go ahead with settlement.
[39:34.920 --> 39:37.920]  Well, then they said they couldn't do that.
[39:37.920 --> 39:41.920]  They can't – they come back and said they can't do that.
[39:41.920 --> 39:51.920]  And I said, well, then I'm not comfortable going to settlement.
[39:51.920 --> 39:55.920]  You know, I don't – I'm not comfortable with this.
[39:55.920 --> 39:58.920]  I don't trust the municipality to start with
[39:58.920 --> 40:03.920]  because they've done nothing but play dirty from day one with me.
[40:03.920 --> 40:09.920]  And so I'm not comfortable.
[40:09.920 --> 40:12.920]  Well, then the next thing that I get is a whole bunch of threats
[40:12.920 --> 40:18.920]  from my realtor and the title company and the buyer saying that,
[40:18.920 --> 40:20.920]  you know, it's going to be breach of contract
[40:20.920 --> 40:24.920]  and they're going to sue me for hardship and displacement of a family
[40:24.920 --> 40:27.920]  and they're going to walk away from the whole transaction.
[40:27.920 --> 40:30.920]  And all I was asking for was a couple of days
[40:30.920 --> 40:33.920]  to try to resolve this issue with the authority.
[40:33.920 --> 40:36.920]  That sounds like overshadowing.
[40:36.920 --> 40:40.920]  And in any contract, in any consumer contract,
[40:40.920 --> 40:43.920]  you have three days to back out of the contract.
[40:43.920 --> 40:48.920]  If you can't charge you with breach of contract.
[40:48.920 --> 40:51.920]  If someone – who made the threat?
[40:51.920 --> 40:55.920]  Was it the title company?
[40:55.920 --> 40:57.920]  Who made the threat?
[40:57.920 --> 40:59.920]  Who said that they would sue you?
[40:59.920 --> 41:02.920]  The title company?
[41:02.920 --> 41:08.920]  The buyer.
[41:08.920 --> 41:13.920]  Then back out of the contract.
[41:13.920 --> 41:22.920]  What they cannot do is sue you for not entering into a contract.
[41:22.920 --> 41:25.920]  If you're not satisfied, if you're not comfortable with the contract,
[41:25.920 --> 41:31.920]  you can't be forced to enter into it.
[41:31.920 --> 41:38.920]  And especially if you're the one that's selling the property,
[41:38.920 --> 41:40.920]  you get to sell it when you want to.
[41:40.920 --> 41:45.920]  Maybe that the buyer has already sold their previous property,
[41:45.920 --> 41:48.920]  so they're kind of in a bind.
[41:48.920 --> 41:54.920]  But threatening to sue you for not entering into a contract
[41:54.920 --> 42:00.920]  that has fees on it that you're not comfortable with,
[42:00.920 --> 42:05.920]  they can sue you, but they have no grounds.
[42:05.920 --> 42:09.920]  If they tried to sue you, then you would give them a countersuit,
[42:09.920 --> 42:16.920]  and they would lose.
[42:16.920 --> 42:23.920]  So I'm not sure exactly what the question is.
[42:23.920 --> 42:29.920]  The question was whether or not,
[42:29.920 --> 42:39.920]  because they all act like that if you don't,
[42:39.920 --> 42:43.920]  that there is no way out of this, that you have to go forward with this,
[42:43.920 --> 42:49.920]  because you are under contract, and so therefore if you...
[42:49.920 --> 42:56.920]  What contract are you under?
[42:56.920 --> 43:01.920]  You were going to closing to enter into a contract.
[43:01.920 --> 43:06.920]  Did you have a previous contract?
[43:06.920 --> 43:16.920]  The previous contract was basically an agreement of bail contract, I guess.
[43:16.920 --> 43:22.920]  Okay, so did the buyer put down earnest money
[43:22.920 --> 43:30.920]  in order to get you to hold the property until you could have a closing?
[43:30.920 --> 43:35.920]  That's another interesting thing they were supposed to have.
[43:35.920 --> 43:36.920]  Okay, hold on, hold on.
[43:36.920 --> 43:37.920]  You did not answer the question.
[43:37.920 --> 43:39.920]  You're going somewhere else first.
[43:39.920 --> 43:42.920]  If they put down earnest money,
[43:42.920 --> 43:46.920]  that's only the guarantee that they performed that didn't force you
[43:46.920 --> 43:48.920]  to enter into the contract.
[43:48.920 --> 43:50.920]  Hang on, Randy Kelton, Rue of La Radio,
[43:50.920 --> 43:54.920]  I'll call the number, 512-646-1984.
[43:54.920 --> 44:01.920]  We'll be right back.
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[46:00.920 --> 46:28.920]  MUSIC
[46:28.920 --> 46:31.920]  Okay, we are back, Randy Kelton, Rule of Law Radio,
[46:31.920 --> 46:34.920]  and we're talking to Nathan in New York.
[46:34.920 --> 46:39.920]  Nathan, you know, I had a little time to think about this over the break.
[46:39.920 --> 46:45.920]  The problem here is the trustee, the title company.
[46:45.920 --> 46:48.920]  The title company had a duty to provide you
[46:48.920 --> 46:52.920]  with that HUD 1 settlement statement prior to closing,
[46:52.920 --> 46:56.920]  so that you would have time to look it over.
[46:56.920 --> 46:59.920]  It sounds like they're trying to defraud you.
[46:59.920 --> 47:02.920]  They're trying to ambush you.
[47:02.920 --> 47:04.920]  Now, you're the seller.
[47:04.920 --> 47:08.920]  You're the one that controls the contract.
[47:08.920 --> 47:15.920]  The buyer is trying to get you to sell him property that you own.
[47:15.920 --> 47:19.920]  If the sale doesn't meet all your criteria,
[47:19.920 --> 47:21.920]  you have no duty to go through with it.
[47:21.920 --> 47:32.920]  So my question now is, did you sign the documentation and agree to the contract?
[47:32.920 --> 47:37.920]  Did I sign the documentation and agree to the contract as far as the HUD?
[47:37.920 --> 47:43.920]  Yeah, did you close the deal?
[47:43.920 --> 47:46.920]  They went ahead with closing this morning, yeah.
[47:46.920 --> 47:51.920]  Okay, you have three days to rescind.
[47:51.920 --> 47:56.920]  You have three days to back out of the whole thing,
[47:56.920 --> 47:58.920]  and you can do that with no harm to you.
[47:58.920 --> 48:04.920]  If the buyer has a problem, they have to take that up with the trustee,
[48:04.920 --> 48:09.920]  because it was the trustee's duty to give you that HUD 1 settlement statement
[48:09.920 --> 48:12.920]  no later than one day before closing.
[48:12.920 --> 48:16.920]  You had to have it one full day before closing.
[48:16.920 --> 48:18.920]  Also, truth in the next statement.
[48:18.920 --> 48:22.920]  It was the trustee that failed to do his job,
[48:22.920 --> 48:25.920]  and he has an areas of emissions policy,
[48:25.920 --> 48:33.920]  so if the buyer has a problem, they need to take that to the trustee.
[48:33.920 --> 48:37.920]  If you decide to sell a car, and I come to you,
[48:37.920 --> 48:40.920]  and I tell you in order for you to sell me that car,
[48:40.920 --> 48:44.920]  you've got to jump through this suit, this suit, and this suit.
[48:44.920 --> 48:47.920]  What are you going to tell me?
[48:47.920 --> 48:50.920]  You're going to tell me, oh, scratch.
[48:50.920 --> 48:53.920]  I'm not going to sell it unless I want to,
[48:53.920 --> 48:56.920]  and I'm going to sell it the way I want to.
[48:56.920 --> 49:00.920]  You don't like my conditions, don't buy it.
[49:00.920 --> 49:11.920]  So in this case, you sold the property using a trustee as a title company as trustee,
[49:11.920 --> 49:19.920]  and the title company had a duty to provide certain notifications,
[49:19.920 --> 49:23.920]  and you had a right to a reasonable expectation
[49:23.920 --> 49:29.920]  that you would be provided with those notifications prior to closing.
[49:29.920 --> 49:35.920]  You were not provided those notifications prior to closing,
[49:35.920 --> 49:39.920]  and you were harmed thereby.
[49:39.920 --> 49:45.920]  So you can rescind the contract.
[49:45.920 --> 49:51.920]  You've got three days, you can rescind the contract just because you want to.
[49:51.920 --> 49:54.920]  No one has a claim against you.
[49:54.920 --> 50:03.920]  In this case, this is exactly the reason that the Fair Debt Collections Practices Act,
[50:03.920 --> 50:06.920]  I'm sorry, the Truth in Lending Act,
[50:06.920 --> 50:12.920]  require that the HUD one be produced at least one day before closing.
[50:12.920 --> 50:15.920]  You're not the one out of line.
[50:15.920 --> 50:18.920]  You're not the one that's done anything improper.
[50:18.920 --> 50:22.920]  You're the one that was defrauded.
[50:22.920 --> 50:26.920]  Frankly, I would like to look at that HUD one.
[50:26.920 --> 50:31.920]  Can you email me a copy of it?
[50:31.920 --> 50:35.920]  I can fax you a copy.
[50:35.920 --> 50:39.920]  I quit using a fax machine about two years ago.
[50:39.920 --> 50:46.920]  Do you have a grandson or granddaughter?
[50:46.920 --> 50:51.920]  No, I'm 30 years old.
[50:51.920 --> 50:56.920]  You're too darned old to understand this technology.
[50:56.920 --> 51:03.920]  Okay, then go out into the street and stop the first 10-year-old you see.
[51:03.920 --> 51:08.920]  Do you have a printer with a scanner on it?
[51:08.920 --> 51:11.920]  No, I don't even have a computer to do that.
[51:11.920 --> 51:14.920]  Okay, three-year-old school.
[51:14.920 --> 51:18.920]  Go out into the street and stop the first 10-year-old you see
[51:18.920 --> 51:22.920]  and ask them to scan this document for you.
[51:22.920 --> 51:27.920]  Or just take it down to Office or something.
[51:27.920 --> 51:28.920]  Send it to me.
[51:28.920 --> 51:30.920]  I'd like to look at that.
[51:30.920 --> 51:33.920]  There are things I'm going to look for.
[51:33.920 --> 51:38.920]  If they didn't provide this until the last moment,
[51:38.920 --> 51:41.920]  that is a really big-time red flag
[51:41.920 --> 51:47.920]  because that's directly in violation of consumer protection laws.
[51:47.920 --> 51:50.920]  So that tells me they've probably got some trash in there
[51:50.920 --> 51:53.920]  that they don't want you to look at.
[51:53.920 --> 51:57.920]  And it may not be these city fees.
[51:57.920 --> 52:00.920]  Was there a loan origination fee?
[52:00.920 --> 52:09.920]  It should be on item 801, right at the top of the second page.
[52:09.920 --> 52:17.920]  One of the primary places I find really fraud stuff is loan origination fee.
[52:17.920 --> 52:20.920]  It can only be 1% of the note.
[52:20.920 --> 52:22.920]  I just looked at one yesterday,
[52:22.920 --> 52:27.920]  and it was almost three times 3% of the original note.
[52:27.920 --> 52:31.920]  Three times what it should be.
[52:31.920 --> 52:40.920]  I'm going to bet you've got a bunch of fraud charges on there
[52:40.920 --> 52:44.920]  that they didn't want you to have time to look at.
[52:44.920 --> 52:50.920]  The problem is the buyer's remorse statutes.
[52:50.920 --> 52:54.920]  And truth in lending has one.
[52:54.920 --> 53:01.920]  You have three days to rescind the contract just because you want to.
[53:01.920 --> 53:07.920]  The point of that is you don't have to have a reason.
[53:07.920 --> 53:09.920]  I mean, you have a reason, but you don't need it.
[53:09.920 --> 53:13.920]  In the first three days, you can just rescind it.
[53:13.920 --> 53:16.920]  The first three years, you can rescind
[53:16.920 --> 53:18.920]  if they didn't give you proper notifications.
[53:18.920 --> 53:21.920]  And in this case, they did not.
[53:21.920 --> 53:25.920]  They did not timely give you access to the HUD-177 statement.
[53:25.920 --> 53:40.920]  Did they provide a truth in lending statement prior to closing?
[53:40.920 --> 53:43.920]  Probably not, or you would have recognized it.
[53:43.920 --> 53:45.920]  It's a peculiar document.
[53:45.920 --> 53:51.920]  Just above center on the first page is four boxes
[53:51.920 --> 53:56.920]  locked out across the page about two inches higher.
[53:56.920 --> 54:01.920]  It has the principal, the interest is the first item,
[54:01.920 --> 54:05.920]  and then it has how much you'll pay over the full term,
[54:05.920 --> 54:09.920]  and it has a principal and something else.
[54:09.920 --> 54:12.920]  That you're supposed to get a day before.
[54:12.920 --> 54:18.920]  That's a good faith estimate that you get one of those.
[54:18.920 --> 54:20.920]  You're supposed to have a good faith estimate,
[54:20.920 --> 54:25.920]  and it estimates the charges that will be on the HUD-1.
[54:25.920 --> 54:29.920]  And a good faith estimate must be within 1.25 percent
[54:29.920 --> 54:33.920]  of what's on the HUD-1.
[54:33.920 --> 54:35.920]  I bet all this is messed up.
[54:35.920 --> 54:39.920]  You got a good shot suing the trustee
[54:39.920 --> 54:44.920]  under his errors in emissions policy.
[54:44.920 --> 54:52.920]  And I'm suggesting that you treat this like poker.
[54:52.920 --> 54:54.920]  You go back to him and say,
[54:54.920 --> 54:57.920]  I got three days to rescind this contract
[54:57.920 --> 55:01.920]  just because I don't like the way you part your hair.
[55:01.920 --> 55:10.920]  So if you want those city fees on there, you pay for them.
[55:10.920 --> 55:12.920]  Otherwise, we can rescind this contract,
[55:12.920 --> 55:16.920]  and I will sue you because you didn't provide me
[55:16.920 --> 55:20.920]  with these notifications in a timely manner.
[55:20.920 --> 55:23.920]  So you rescind the contract,
[55:23.920 --> 55:28.920]  and you can sue the trustee for the benefit of the bargain.
[55:28.920 --> 55:32.920]  You had a right to the benefit of the bargain,
[55:32.920 --> 55:37.920]  and because the trustee did not provide you timely notifications
[55:37.920 --> 55:41.920]  the way he is statutorily required to do,
[55:41.920 --> 55:46.920]  you were forced to rescind and lost the benefit of the bargain.
[55:46.920 --> 55:54.920]  You can sue the trustee for the amount of the sale that you did not get.
[55:54.920 --> 55:59.920]  Does this make sense?
[55:59.920 --> 56:01.920]  Can you hear me?
[56:01.920 --> 56:04.920]  Yes.
[56:04.920 --> 56:05.920]  Okay.
[56:05.920 --> 56:10.920]  I missed most of that because it sounds like there's static coming from your end.
[56:10.920 --> 56:11.920]  I'm sorry.
[56:11.920 --> 56:16.920]  It could well be topics of Internet issues.
[56:16.920 --> 56:24.920]  You can make a claim against the trustee, the title company.
[56:24.920 --> 56:30.920]  They had a duty to give you notification in a timely manner.
[56:30.920 --> 56:35.920]  They did not give you notification in a timely manner.
[56:35.920 --> 56:40.920]  And at this point, you can go to the trustee and tell them,
[56:40.920 --> 56:44.920]  I want to rescind this contract.
[56:44.920 --> 56:51.920]  And if they tell you that you can't, then you tell them,
[56:51.920 --> 56:54.920]  then we will see what our lawyer says about that.
[56:54.920 --> 57:00.920]  But I'm not saying rescind.
[57:00.920 --> 57:07.920]  I'm saying let the title company know that you know you can.
[57:07.920 --> 57:10.920]  And you just play poker with them.
[57:10.920 --> 57:16.920]  The guys, I'm fixing to sue you for the benefit of the bargain.
[57:16.920 --> 57:21.920]  I had a right to make this sale and make it on reasonable terms,
[57:21.920 --> 57:24.920]  and you had a duty to give me notice,
[57:24.920 --> 57:29.920]  and you failed in that duty and caused me to have to rescind this contract.
[57:29.920 --> 57:35.920]  Now, if I have to rescind this contract, I'm going to sue you for how much I lost.
[57:35.920 --> 57:38.920]  And that's the amount of the property.
[57:38.920 --> 57:44.920]  Or if you want those fees on this HUD one, you pay them,
[57:44.920 --> 57:47.920]  because I'm not going to.
[57:47.920 --> 57:51.920]  And see what happens.
[57:51.920 --> 57:54.920]  They're really going to need to make the deal.
[57:54.920 --> 57:58.920]  The last thing the trustee is going to want is you suing the trustee
[57:58.920 --> 58:01.920]  for breach of fiduciary duty.
[58:01.920 --> 58:04.920]  Hang on, we'll address that when we come back.
[58:04.920 --> 58:09.920]  This is Randy Kelton, Lewis Law Radio. This is our top of the hour break.
[58:09.920 --> 58:11.920]  So we've got a couple minutes longer.
[58:11.920 --> 58:17.920]  It's a good time to go visit our logosradionetwork.com page
[58:17.920 --> 58:21.920]  and kind of visit our advertisers.
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[58:43.920 --> 59:12.920]  So help us out, we'll be right back.
[59:12.920 --> 59:17.920]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.920 --> 59:20.920]  Chapter by chapter, Basic Elements of the Christian Life
[59:20.920 --> 59:23.920]  clearly presents God's plan of salvation,
[59:23.920 --> 59:26.920]  growing in Christ and how to build up the Church.
[59:26.920 --> 59:29.920]  To order your free New Testament Recovery Version
[59:29.920 --> 59:32.920]  and Basic Elements of the Christian Life,
[59:32.920 --> 59:39.920]  call Bibles for America toll free at 888-551-0102.
[59:39.920 --> 59:44.920]  That's 888-551-0102.
[59:44.920 --> 59:52.920]  Or visit us online at bfa.org.
[59:52.920 --> 01:00:02.920]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.920 --> 01:00:06.920]  The following use flash is brought to you by the Lone Star Lowdown,
[01:00:06.920 --> 01:00:09.920]  providing the daily bulletins for the commodities market.
[01:00:09.920 --> 01:00:13.920]  Today in history, news updates,
[01:00:13.920 --> 01:00:22.920]  and the inside scoop into the tides of the alternative.
[01:00:22.920 --> 01:00:29.920]  Markets for the 20th of August 2015 opened up with gold at $1,154.76 an ounce,
[01:00:29.920 --> 01:00:31.920]  silver $15.54 an ounce,
[01:00:31.920 --> 01:00:34.920]  Texas crude $40.80 a barrel,
[01:00:34.920 --> 01:00:43.920]  and Bitcoin is currently sitting at about $235 U.S. currency.
[01:00:43.920 --> 01:00:46.920]  Today in history, Sunday, August 20, 1922,
[01:00:46.920 --> 01:00:53.920]  the world's first Women's Olympic Games are held in track and field competitions in Paris, France.
[01:00:53.920 --> 01:00:55.920]  The tournament was held on a single day
[01:00:55.920 --> 01:00:58.920]  and was in response to the International Olympics Committee refusal
[01:00:58.920 --> 01:01:02.920]  to include women's events in the 1924 Olympic Games.
[01:01:02.920 --> 01:01:05.920]  The Games were attended by an audience of roughly 20,000 spectators.
[01:01:05.920 --> 01:01:11.920]  18 world records were set.
[01:01:11.920 --> 01:01:16.920]  In recent news, Jared Fogel's wife Katie has officially filed for divorce
[01:01:16.920 --> 01:01:18.920]  from their five-year marriage yesterday
[01:01:18.920 --> 01:01:22.920]  as the ex-spokesman for Subway agreed to plead guilty
[01:01:22.920 --> 01:01:25.920]  to charges of sexual intercourse with at least two minors
[01:01:25.920 --> 01:01:27.920]  and possession of child pornography.
[01:01:27.920 --> 01:01:31.920]  He has agreed to pay out $1.4 million in total to the victims in restitution
[01:01:31.920 --> 01:01:35.920]  for counseling, support, treatment, or other assistance related to their abuse.
[01:01:35.920 --> 01:01:37.920]  He apparently wasn't doing this alone,
[01:01:37.920 --> 01:01:42.920]  as Russell Taylor, who was the executive director of Fogel's Childhood Obesity Charity,
[01:01:42.920 --> 01:01:44.920]  was also involved in these obscenities.
[01:01:44.920 --> 01:01:51.920]  They are both expected to do time.
[01:01:51.920 --> 01:01:54.920]  Federal scientists announced today that this last July
[01:01:54.920 --> 01:01:57.920]  was the all-time warmest month ever recorded since the 1880s,
[01:01:57.920 --> 01:02:00.920]  when modern temperature record keeping first began.
[01:02:00.920 --> 01:02:03.920]  Scientists are predicting that as a result of this heat wave,
[01:02:03.920 --> 01:02:05.920]  the Pacific Ocean will continue to warm up,
[01:02:05.920 --> 01:02:08.920]  causing the ocean to release even more heat into the atmosphere,
[01:02:08.920 --> 01:02:12.920]  almost certainly making 2015 the hottest year ever recorded.
[01:02:12.920 --> 01:02:16.920]  The debate is expected to continue between whether these increases in temperatures
[01:02:16.920 --> 01:02:26.920]  are a result of man-made climate change or simply part of Earth's climate cycles.
[01:02:26.920 --> 01:02:30.920]  Women will be allowed to vote and run for office in Saudi Arabia's municipal elections
[01:02:30.920 --> 01:02:32.920]  for the first time ever.
[01:02:32.920 --> 01:02:36.920]  The Arab woman's suffrage comes four years after the late Saudi king,
[01:02:36.920 --> 01:02:41.920]  Abdullah bin Abdulaziz al-Assad, approved the changes back in 2011.
[01:02:41.920 --> 01:02:44.920]  Apparently, 70 women are looking to run as candidates,
[01:02:44.920 --> 01:02:47.920]  while another 80 have registered as campaign managers.
[01:02:47.920 --> 01:02:50.920]  Many are still questioning whether this really brings any substantial change
[01:02:50.920 --> 01:02:54.920]  to a country where women's activities and rights are heavily restricted.
[01:02:54.920 --> 01:02:58.920]  This is your Lowdown for August 20, 2015.
[01:03:24.920 --> 01:03:27.920]  Okay, we are back. Randy Kelton here with our radio.
[01:03:27.920 --> 01:03:34.920]  And Jimmy, clearly they're trying to push you into either of your contracts
[01:03:34.920 --> 01:03:37.920]  you're not comfortable with.
[01:03:37.920 --> 01:03:41.920]  And they will use threats of things they're going to do.
[01:03:41.920 --> 01:03:45.920]  You know, we do this, we do this, we do this, we do this,
[01:03:45.920 --> 01:03:49.920]  we do this, we do this, we do this, we do this, we do this.
[01:03:49.920 --> 01:03:54.920]  And they will use threats of things they're going to do.
[01:03:54.920 --> 01:03:58.920]  You know, we do this show, and it's about rule of law.
[01:03:58.920 --> 01:04:02.920]  And if you listen to the show a while, it will help you change your perspective.
[01:04:02.920 --> 01:04:11.920]  One thing to understand about law, no matter what somebody else does,
[01:04:11.920 --> 01:04:16.920]  there are a whole bunch of things you can do.
[01:04:16.920 --> 01:04:22.920]  So when somebody comes to me with a threat about suing me,
[01:04:22.920 --> 01:04:27.920]  well, Bubba, knock yourself out.
[01:04:27.920 --> 01:04:30.920]  We'll see how that works out for you.
[01:04:30.920 --> 01:04:34.920]  Because you always have recourse.
[01:04:34.920 --> 01:04:40.920]  And in your position, you're in a special position.
[01:04:40.920 --> 01:04:48.920]  Consider that a consumer real estate transaction is one of the biggest
[01:04:48.920 --> 01:04:54.920]  transactions most people ever make in their entire lives.
[01:04:54.920 --> 01:05:03.920]  But you're not expected to be sophisticated in high finance.
[01:05:03.920 --> 01:05:08.920]  So the legislature passed all sorts of consumer protection laws
[01:05:08.920 --> 01:05:15.920]  to protect you from those guys who are familiar with high finance,
[01:05:15.920 --> 01:05:20.920]  like the trustee and the real estate agents.
[01:05:20.920 --> 01:05:23.920]  I guarantee you when I look at that HUD-1 settlement statement,
[01:05:23.920 --> 01:05:28.920]  I'm going to see fraudulent fees charged on the HUD-1 settlement statement.
[01:05:28.920 --> 01:05:32.920]  And the fraudulent fees for the most part won't be charged to you.
[01:05:32.920 --> 01:05:36.920]  They'll be charged to the buyer.
[01:05:36.920 --> 01:05:41.920]  The buyer pays everything.
[01:05:41.920 --> 01:05:46.920]  And up to the end, you're still in negotiation.
[01:05:46.920 --> 01:05:50.920]  So you might say, if the buyer really wants to get this done,
[01:05:50.920 --> 01:05:52.920]  I'm not paying these fees.
[01:05:52.920 --> 01:05:56.920]  So you take those fees that they're going to charge to me
[01:05:56.920 --> 01:05:58.920]  and move them over to your side and you pay them.
[01:05:58.920 --> 01:06:01.920]  And then we'll keep disclosing.
[01:06:01.920 --> 01:06:04.920]  Otherwise, I'm going to rescind the note.
[01:06:04.920 --> 01:06:07.920]  We rescind the transaction.
[01:06:07.920 --> 01:06:12.920]  And you will find you another house to buy.
[01:06:12.920 --> 01:06:15.920]  That's going to put the trustee on the dime.
[01:06:15.920 --> 01:06:19.920]  The trustee is your weak point here.
[01:06:19.920 --> 01:06:23.920]  The trustee was the one that had a duty to make sure
[01:06:23.920 --> 01:06:29.920]  that this kind of controversy did not occur.
[01:06:29.920 --> 01:06:36.920]  So you might talk to the buyer and go back and tell the trustee,
[01:06:36.920 --> 01:06:38.920]  I'm not going to accept this contract.
[01:06:38.920 --> 01:06:40.920]  I have time to look into it.
[01:06:40.920 --> 01:06:41.920]  Don't accept it.
[01:06:41.920 --> 01:06:44.920]  So we're going to rescind the contract.
[01:06:44.920 --> 01:06:51.920]  Then, oh, he's going to be jumping up and down and all excited.
[01:06:51.920 --> 01:06:52.920]  And then negotiate a deal.
[01:06:52.920 --> 01:06:56.920]  Negotiate something you can live with.
[01:06:56.920 --> 01:07:03.920]  That's unreasonable.
[01:07:03.920 --> 01:07:07.920]  The main thing I'm trying to get you to understand is there threats?
[01:07:07.920 --> 01:07:11.920]  There are false threats.
[01:07:11.920 --> 01:07:21.920]  You have consumer protection laws protecting both you and the buyer.
[01:07:21.920 --> 01:07:31.920]  So how much are the city fees?
[01:07:31.920 --> 01:07:34.920]  Are you there, Jimmy?
[01:07:34.920 --> 01:07:35.920]  Yes, I'm here.
[01:07:35.920 --> 01:07:36.920]  Okay.
[01:07:36.920 --> 01:07:40.920]  How much were the city fees?
[01:07:40.920 --> 01:07:42.920]  The fees question.
[01:07:42.920 --> 01:07:52.920]  How much were they?
[01:07:52.920 --> 01:07:55.920]  We're having some issues with your connection.
[01:07:55.920 --> 01:07:57.920]  I think something's breaking up.
[01:07:57.920 --> 01:08:03.920]  I'm getting real bad feedback.
[01:08:03.920 --> 01:08:04.920]  Yeah, I'm sorry, Jimmy.
[01:08:04.920 --> 01:08:07.920]  I'm going to have to move on.
[01:08:07.920 --> 01:08:09.920]  We can't seem to communicate with each other.
[01:08:09.920 --> 01:08:12.920]  Can you hear me now?
[01:08:12.920 --> 01:08:15.920]  Yeah, now I can hear you.
[01:08:15.920 --> 01:08:17.920]  Is this better?
[01:08:17.920 --> 01:08:18.920]  That's better.
[01:08:18.920 --> 01:08:21.920]  Were you on a speakerphone?
[01:08:21.920 --> 01:08:25.920]  Actually, where I'm at, the signal is not that strong.
[01:08:25.920 --> 01:08:27.920]  Oh, okay.
[01:08:27.920 --> 01:08:36.920]  Well, the point of all this is you control the transaction, not them.
[01:08:36.920 --> 01:08:37.920]  Okay.
[01:08:37.920 --> 01:08:42.920]  And if they have coerced you into a deal you're not comfortable with,
[01:08:42.920 --> 01:08:45.920]  you've got three days to just write them a letter and say,
[01:08:45.920 --> 01:08:47.920]  I'm not comfortable with this transaction.
[01:08:47.920 --> 01:08:50.920]  I rescind it.
[01:08:50.920 --> 01:08:54.920]  Write up a letter like that and take it down to the trustee and say,
[01:08:54.920 --> 01:08:56.920]  here, I'm not comfortable.
[01:08:56.920 --> 01:08:59.920]  I'm rescinding.
[01:08:59.920 --> 01:09:01.920]  And then he's going to get real excited.
[01:09:01.920 --> 01:09:08.920]  And if he asks you why, you tell him because you did not provide that HUD one
[01:09:08.920 --> 01:09:12.920]  at least to one day before closing.
[01:09:12.920 --> 01:09:16.920]  I did not have time to resolve these issues before closing.
[01:09:16.920 --> 01:09:21.920]  So we're going to rescind this transaction.
[01:09:21.920 --> 01:09:28.920]  Now, if you want to have this transaction and you want those fees to be paid,
[01:09:28.920 --> 01:09:33.920]  you pay them, I'm not going to pay them.
[01:09:33.920 --> 01:09:44.920]  And almost certainly if the buyer wants to buy the property, they'll pay the fees.
[01:09:44.920 --> 01:09:51.920]  So what do you think?
[01:09:51.920 --> 01:09:59.920]  Jimmy, I'm not getting anything back, I think we've lost Jimmy.
[01:09:59.920 --> 01:10:00.920]  Okay.
[01:10:00.920 --> 01:10:01.920]  Sorry, Jimmy.
[01:10:01.920 --> 01:10:03.920]  The connection just didn't work.
[01:10:03.920 --> 01:10:06.920]  If you still want to talk, call back in.
[01:10:06.920 --> 01:10:09.920]  I'm going to go to Nathan in New York.
[01:10:09.920 --> 01:10:11.920]  Wait a minute.
[01:10:11.920 --> 01:10:14.920]  Something's, okay.
[01:10:14.920 --> 01:10:19.920]  I think I was talking to Jimmy in Maryland about Nathan in New York.
[01:10:19.920 --> 01:10:22.920]  Jimmy, are you still there?
[01:10:22.920 --> 01:10:23.920]  Yes, I'm here.
[01:10:23.920 --> 01:10:24.920]  Okay.
[01:10:24.920 --> 01:10:27.920]  I was talking to you and I should have been talking to Nathan.
[01:10:27.920 --> 01:10:31.920]  That was confusing.
[01:10:31.920 --> 01:10:34.920]  I think Nathan must have dropped off and I can't.
[01:10:34.920 --> 01:10:37.920]  Let me go to Nathan and I'll come back to you in a minute.
[01:10:37.920 --> 01:10:41.920]  Okay, go ahead.
[01:10:41.920 --> 01:10:43.920]  Nathan, are you there?
[01:10:43.920 --> 01:10:45.920]  Yes, I'm here.
[01:10:45.920 --> 01:10:48.920]  My bad, I clicked the wrong guy.
[01:10:48.920 --> 01:10:50.920]  Okay.
[01:10:50.920 --> 01:10:56.920]  Do you hear all that stuff I was saying to Jimmy when I thought I was talking to you?
[01:10:56.920 --> 01:11:00.920]  Yeah, I did and I thought it sounded like you were talking to me,
[01:11:00.920 --> 01:11:04.920]  but then you weren't saying my name, so I wasn't sure if it was a scenario.
[01:11:04.920 --> 01:11:07.920]  Yeah, I was brain dead.
[01:11:07.920 --> 01:11:10.920]  I was talking to you.
[01:11:10.920 --> 01:11:13.920]  Okay, yes.
[01:11:13.920 --> 01:11:23.920]  And that makes, yeah, so basically I have what you're saying is I have three days
[01:11:23.920 --> 01:11:35.920]  regardless of the fact that we have an agreement already that they signed
[01:11:35.920 --> 01:11:39.920]  and I somewhat agreed to, I guess.
[01:11:39.920 --> 01:11:43.920]  I told them I wasn't happy with it, but they left me under the impression
[01:11:43.920 --> 01:11:45.920]  that I didn't have any choice.
[01:11:45.920 --> 01:11:50.920]  And that's exactly why you have three days,
[01:11:50.920 --> 01:11:55.920]  so that you can walk away from that pressured environment
[01:11:55.920 --> 01:12:03.920]  and check things out and change your mind without harm.
[01:12:03.920 --> 01:12:08.920]  So you have the perfect right just to walk away from the deal in three days.
[01:12:08.920 --> 01:12:13.920]  This is exactly the reason why that law is there.
[01:12:13.920 --> 01:12:20.920]  So now you can go back to them and use the fact that you have this three-day
[01:12:20.920 --> 01:12:28.920]  buyer's remorse period or seller's remorse to rescind the contract.
[01:12:28.920 --> 01:12:33.920]  And frankly, you'd have grounds to rescind the contract in any case
[01:12:33.920 --> 01:12:39.920]  because you did not receive proper notice of the conditions of the contract.
[01:12:39.920 --> 01:12:42.920]  So now if you go back to the trustee
[01:12:42.920 --> 01:12:48.920]  and you let the trustee know that you're prepared to rescind this contract
[01:12:48.920 --> 01:12:53.920]  because of the misbehavior of the trustee,
[01:12:53.920 --> 01:12:57.920]  then the trustee is going to get real nervous.
[01:12:57.920 --> 01:13:05.920]  Now, what I don't suggest is that you give the trustee legal advice.
[01:13:05.920 --> 01:13:10.920]  And by that I mean, don't give him legal advice.
[01:13:10.920 --> 01:13:13.920]  It's hard not to.
[01:13:13.920 --> 01:13:17.920]  You want to say, well, you're supposed to do this,
[01:13:17.920 --> 01:13:19.920]  the law requires you to do that.
[01:13:19.920 --> 01:13:25.920]  It's really natural to try to give someone fair warning.
[01:13:25.920 --> 01:13:31.920]  But this is not normal civil behavior.
[01:13:31.920 --> 01:13:33.920]  This is legal behavior.
[01:13:33.920 --> 01:13:38.920]  And in legal behavior, never give fair warning
[01:13:38.920 --> 01:13:42.920]  because if you say anything about what he should do or what he ought to do,
[01:13:42.920 --> 01:13:46.920]  he's going to take that as a threat and he's going to misconstrue it as a threat.
[01:13:46.920 --> 01:13:54.920]  It's much more powerful if you do not tell him what the consequences are.
[01:13:54.920 --> 01:14:00.920]  But let him imagine what you're fixing to do to him.
[01:14:00.920 --> 01:14:06.920]  Anymore, when I go to public officials or I go to anyone who has a duty
[01:14:06.920 --> 01:14:10.920]  and these guys have a fiduciary duty to you,
[01:14:10.920 --> 01:14:15.920]  I tell them what they are to do and when they don't do it,
[01:14:15.920 --> 01:14:21.920]  I go to somebody else and get them to cover that guy.
[01:14:21.920 --> 01:14:26.920]  In your case, you can go to the trustee and say,
[01:14:26.920 --> 01:14:31.920]  you're to remove these fees off my side of the ledger
[01:14:31.920 --> 01:14:35.920]  and put them over on their side of the ledge.
[01:14:35.920 --> 01:14:37.920]  And he's going to say, well, I can't do that.
[01:14:37.920 --> 01:14:43.920]  I say, okay, then you can rescind the whole note.
[01:14:43.920 --> 01:14:47.920]  I'm going to back out on the note.
[01:14:47.920 --> 01:14:52.920]  And if he says you can't do that, say, well, we'll see how that works out for you.
[01:14:52.920 --> 01:14:58.920]  If he threatens to sue you, that gives you more claims against him.
[01:14:58.920 --> 01:15:01.920]  But let him threaten whatever he wants to.
[01:15:01.920 --> 01:15:09.920]  If he does that, what he will be trying to do is get you to engage with him.
[01:15:09.920 --> 01:15:14.920]  If he can get you into an argument, he can handle you.
[01:15:14.920 --> 01:15:18.920]  So if he tells you they'll sue you, well, knock yourself out.
[01:15:18.920 --> 01:15:22.920]  We'll see how that works for you.
[01:15:22.920 --> 01:15:26.920]  Do you play poker, Nathan?
[01:15:26.920 --> 01:15:28.920]  No.
[01:15:28.920 --> 01:15:34.920]  Well, you need to learn how to play a little poker.
[01:15:34.920 --> 01:15:40.920]  You have legal grounds behind you.
[01:15:40.920 --> 01:15:45.920]  Detroit knows you have these legal grounds behind you.
[01:15:45.920 --> 01:15:54.920]  What he's counting on is that you don't know you have these legal grounds.
[01:15:54.920 --> 01:15:58.920]  But if you handle him right, if you tell him what you want changed
[01:15:58.920 --> 01:16:05.920]  and when he says you can't, then you tell him, well, then rescind the contract.
[01:16:05.920 --> 01:16:09.920]  That's a special term, rescind, R-E-S-C-I-N-D.
[01:16:09.920 --> 01:16:12.920]  So then you rescind the contract.
[01:16:12.920 --> 01:16:16.920]  That's going to give him apoplexies.
[01:16:16.920 --> 01:16:22.920]  Because what's likely, what he's going to figure is going to happen to him
[01:16:22.920 --> 01:16:30.920]  is both the buyer and the seller is going to sue him, which screwing up the deal.
[01:16:30.920 --> 01:16:34.920]  Then ask him to fix it.
[01:16:34.920 --> 01:16:39.920]  If you want these fees paid, pay them.
[01:16:39.920 --> 01:16:41.920]  Get the buyer to pay them.
[01:16:41.920 --> 01:16:43.920]  I'm not paying them.
[01:16:43.920 --> 01:16:46.920]  And they'll almost certainly do that.
[01:16:46.920 --> 01:16:49.920]  If that's what you're after.
[01:16:49.920 --> 01:16:50.920]  Hang on.
[01:16:50.920 --> 01:16:51.920]  About to go to grade.
[01:16:51.920 --> 01:16:52.920]  Brandon Kelley, here you go.
[01:16:52.920 --> 01:16:53.920]  Radio.
[01:16:53.920 --> 01:16:56.920]  Call in number 512-646-1984.
[01:16:56.920 --> 01:17:00.920]  We'll be right back.
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[01:19:24.920 --> 01:19:35.920]  Okay, we are back. Randy Kelton with Radio and Nathan.
[01:19:35.920 --> 01:19:40.920]  I hope I've given you some confidence.
[01:19:40.920 --> 01:19:43.920]  The main thing I'm trying to do is give you a little confidence.
[01:19:43.920 --> 01:19:45.920]  You've leveraged here.
[01:19:45.920 --> 01:19:50.920]  All this crapola, you have to sign this today.
[01:19:50.920 --> 01:19:52.920]  You don't have to do any such thing.
[01:19:52.920 --> 01:20:02.920]  If the buyer gave you earnest money in order to secure a contract,
[01:20:02.920 --> 01:20:13.920]  all that means is that you will hold the property out of time for him to complete the transaction.
[01:20:13.920 --> 01:20:19.920]  Well, he's not able to complete it because the trustee screwed it up.
[01:20:19.920 --> 01:20:23.920]  They may be working with the buyer.
[01:20:23.920 --> 01:20:24.920]  I don't know.
[01:20:24.920 --> 01:20:25.920]  You don't know what's going on.
[01:20:25.920 --> 01:20:29.920]  But you know the trustee screwed things up, not you.
[01:20:29.920 --> 01:20:34.920]  So you don't have anything to worry about.
[01:20:34.920 --> 01:20:38.920]  And when they realize that you know you don't have anything to worry about,
[01:20:38.920 --> 01:20:46.920]  most likely they're going to come to the table and make a deal you can live with to make this go away.
[01:20:46.920 --> 01:20:49.920]  The trustee will.
[01:20:49.920 --> 01:20:53.920]  Well, call the trustee tomorrow.
[01:20:53.920 --> 01:20:58.920]  The trustee, he has an errors and omissions policy.
[01:20:58.920 --> 01:21:01.920]  He must have it.
[01:21:01.920 --> 01:21:06.920]  And you never say anything about it.
[01:21:06.920 --> 01:21:11.920]  But while you're talking to him, if you keep in the back of your mind
[01:21:11.920 --> 01:21:16.920]  that he has an errors and omissions policy that I can sue him for,
[01:21:16.920 --> 01:21:21.920]  he will figure out that you know that.
[01:21:21.920 --> 01:21:29.920]  And it's a lot better if he figures something out rather than you tell him.
[01:21:29.920 --> 01:21:38.920]  Because when he figures it out, he'll probably figure out something much than what you would tell him.
[01:21:38.920 --> 01:21:44.920]  So once he knows that you understand you have a strong hand here,
[01:21:44.920 --> 01:21:51.920]  most likely they'll come to the table and give you a deal you can live with.
[01:21:51.920 --> 01:22:11.920]  That was pretty much my question. The other transaction that I had was when I bought the place here in New York,
[01:22:11.920 --> 01:22:16.920]  this property that I have in New York.
[01:22:16.920 --> 01:22:25.920]  You know, it was the same deal I had asked. In this case, I was working with a private sale.
[01:22:25.920 --> 01:22:35.920]  And I had hired a lawyer or an attorney to see to the paperwork for me.
[01:22:35.920 --> 01:22:43.920]  And I had asked his secretary a couple different times because I was buying this from a private party.
[01:22:43.920 --> 01:22:50.920]  I'd asked him to get me the real estate tax information a couple of different times.
[01:22:50.920 --> 01:22:58.920]  And we come to the closing table and I say, so what is the taxes on this?
[01:22:58.920 --> 01:23:07.920]  And I couldn't get a straight answer. They didn't have an answer for me.
[01:23:07.920 --> 01:23:16.920]  Because the prior real estate taxes were, you know, he had had veterans exemptions and so on and so forth.
[01:23:16.920 --> 01:23:21.920]  And he didn't. This was an attorney.
[01:23:21.920 --> 01:23:29.920]  And he claimed he couldn't figure out, you know, the only way would have been to go to the assessor's office.
[01:23:29.920 --> 01:23:37.920]  Next of all, you know, I'm not really interested in going to, you know, without knowing what the real estate taxes are,
[01:23:37.920 --> 01:23:40.920]  I'm not really interested in going through with this transaction.
[01:23:40.920 --> 01:23:48.920]  Well, there again, you know, the same threat is if you don't do this, I'm going to sue you.
[01:23:48.920 --> 01:23:51.920]  You should, didn't you tell him well?
[01:23:51.920 --> 01:24:00.920]  The attorney that I hired to represent me, he, you know, he said, if you don't do this, I'm going to sue you.
[01:24:00.920 --> 01:24:02.920]  The attorney said that?
[01:24:02.920 --> 01:24:04.920]  Yes.
[01:24:04.920 --> 01:24:09.920]  Ooh, you should notify the attorney.
[01:24:09.920 --> 01:24:13.920]  First thing is file a bar grievance against the attorney.
[01:24:13.920 --> 01:24:25.920]  Your attorney would have, oh wait, let me back up. Was this your attorney who told you he would sue you or his attorney?
[01:24:25.920 --> 01:24:35.920]  No, this is, this was my, the attorney that I hired to represent me was now turning against me.
[01:24:35.920 --> 01:24:39.920]  Oh, wonderful.
[01:24:39.920 --> 01:24:45.920]  It is my rule, never interfere with someone when they're screwing up.
[01:24:45.920 --> 01:24:50.920]  Attorneys are ultimately vulnerable.
[01:24:50.920 --> 01:25:00.920]  Because I was refusing at that point to, I was refusing at that point to give him any money because I was not comfortable with the transactions.
[01:25:00.920 --> 01:25:03.920]  You know, I was supposed to bring money to the table.
[01:25:03.920 --> 01:25:13.920]  And I said, you know, I'm not going to give you your money and because I do not want to go through with this transaction, I'm not comfortable with it.
[01:25:13.920 --> 01:25:19.920]  I need to know how much the real estate taxes are before I'm comfortable with this.
[01:25:19.920 --> 01:25:27.920]  Well, then he said, you're not going to give me your, you're not going to give me the money, your breach of contract and I will sue you.
[01:25:27.920 --> 01:25:36.920]  Okay, so knock yourself out because then I will counter sue for malpractice.
[01:25:36.920 --> 01:25:39.920]  And we'll see how that works out for you.
[01:25:39.920 --> 01:25:43.920]  Now, let me explain how that's going to work out for him.
[01:25:43.920 --> 01:25:51.920]  If you file a bar grievance against them with the State Bar Association,
[01:25:51.920 --> 01:25:58.920]  the State Bar Association is going to get your grievance and they're going to throw it in the trash.
[01:25:58.920 --> 01:26:01.920]  And that's a good thing.
[01:26:01.920 --> 01:26:09.920]  The reason it's a good thing is his insurance carrier knows they're going to throw it in the trash.
[01:26:09.920 --> 01:26:18.920]  How does his insurance carrier gauge his level of risk by valid bar grievances acted on by the State Bar Association?
[01:26:18.920 --> 01:26:23.920]  They can't, they throw them all in the trash by the numbers.
[01:26:23.920 --> 01:26:28.920]  One bar grievance, your first year of practice, they'll cancel immediately.
[01:26:28.920 --> 01:26:32.920]  Two bar grievances, any one year of practice they cancel.
[01:26:32.920 --> 01:26:37.920]  Three, they'll cancel your law firm's malpractice insurance.
[01:26:37.920 --> 01:26:39.920]  This is real easy to understand.
[01:26:39.920 --> 01:26:47.920]  You buy a new car, you get full covenant, you go down to Walmart, you go inside, you come out, somebody's bashed into a fender.
[01:26:47.920 --> 01:26:51.920]  You didn't have anything to do with it so you weren't responsible.
[01:26:51.920 --> 01:26:55.920]  Insurance company's going to come out and they're going to fix it, double your rates.
[01:26:55.920 --> 01:26:59.920]  You go down there next month, somebody bashes in another fender.
[01:26:59.920 --> 01:27:04.920]  Insurance company's going to come down there, they're going to fix it, they're going to cancel.
[01:27:04.920 --> 01:27:08.920]  Their fault, their fault, nobody's fault, they don't care.
[01:27:08.920 --> 01:27:11.920]  You're at bad risk, they're going to cancel.
[01:27:11.920 --> 01:27:13.920]  Lawyers do the same way.
[01:27:13.920 --> 01:27:23.920]  The difference between lawyers is their insurance starts at between 25 and 40 grand a year.
[01:27:23.920 --> 01:27:27.920]  It's nice to know their weak points.
[01:27:27.920 --> 01:27:35.920]  You tell your lawyer, you failed to provide the information that I needed.
[01:27:35.920 --> 01:27:37.920]  That is malpractice.
[01:27:37.920 --> 01:27:42.920]  You don't have to tell him you're going to sue him, but tell him it's malpractice.
[01:27:42.920 --> 01:27:46.920]  And file a bar grievance against him.
[01:27:46.920 --> 01:27:53.920]  If you file a bar grievance against him, he can't mention it to you.
[01:27:53.920 --> 01:27:56.920]  He is forbidden.
[01:27:56.920 --> 01:28:02.920]  If he says one word about the bar grievance, you file a grievance against him for that.
[01:28:02.920 --> 01:28:07.920]  I guarantee you he'll get this fixed.
[01:28:07.920 --> 01:28:14.920]  He didn't do his job, he didn't give you a prior notice, and now he's going to threaten you?
[01:28:14.920 --> 01:28:21.920]  Because he said what he was trying to say is that I signed the agreement of sale
[01:28:21.920 --> 01:28:24.920]  and there was nothing on there about the taxes or anything like that.
[01:28:24.920 --> 01:28:28.920]  So because I signed that agreement of sale and there was nothing on there,
[01:28:28.920 --> 01:28:35.920]  then I agreed to buy this property as is the way it was without knowing this information.
[01:28:35.920 --> 01:28:42.920]  And you tell him I got three days to rescind for no reason at all.
[01:28:42.920 --> 01:28:46.920]  So I rescind.
[01:28:46.920 --> 01:28:49.920]  I'm not going to do the contract.
[01:28:49.920 --> 01:28:55.920]  We're beyond the three days on that transaction.
[01:28:55.920 --> 01:28:57.920]  Will you still have time?
[01:28:57.920 --> 01:29:00.920]  You have at least three years.
[01:29:00.920 --> 01:29:08.920]  If they, both sides, if the seller failed to give full disclosure,
[01:29:08.920 --> 01:29:13.920]  if there's any issue concerning the taxes that you weren't, that weren't,
[01:29:13.920 --> 01:29:22.920]  was not due to you, you got three years to rescind.
[01:29:22.920 --> 01:29:28.920]  When somebody threatens to sue you, you know, my pat response is
[01:29:28.920 --> 01:29:31.920]  take your best shot.
[01:29:31.920 --> 01:29:34.920]  At least see how that works out for you.
[01:29:34.920 --> 01:29:40.920]  A lawsuit in the best circumstances is a crap shoot.
[01:29:40.920 --> 01:29:43.920]  And those lawyers quit.
[01:29:43.920 --> 01:29:46.920]  If they threaten to sue you and you're not impressed,
[01:29:46.920 --> 01:29:51.920]  that's going to frighten them because they know that they'll have a problem with you.
[01:29:51.920 --> 01:29:54.920]  I am running out of time.
[01:29:54.920 --> 01:29:58.920]  But think about that and listen to our show more often.
[01:29:58.920 --> 01:30:02.920]  We go over the issue.
[01:30:02.920 --> 01:30:04.920]  Can reality TV make you dumber?
[01:30:04.920 --> 01:30:10.920]  New research suggests watching people do stupid things can dumb you down more than you realize.
[01:30:10.920 --> 01:30:16.920]  I'm Dr. Catherine Albrecht, back with the details on the mind-snowing effects of reality TV in a moment.
[01:30:16.920 --> 01:30:18.920]  Privacy is under attack.
[01:30:18.920 --> 01:30:22.920]  When you give up data about yourself, you'll never get it back again.
[01:30:22.920 --> 01:30:27.920]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.920 --> 01:30:29.920]  So protect your rights.
[01:30:29.920 --> 01:30:32.920]  Say no to surveillance and keep your information to yourself.
[01:30:32.920 --> 01:30:35.920]  Privacy, it's worth hanging on to.
[01:30:35.920 --> 01:30:38.920]  This message is brought to you by Startpage.com,
[01:30:38.920 --> 01:30:42.920]  the private search engine alternative to Google, Yahoo, and Bing.
[01:30:42.920 --> 01:30:46.920]  Start over with Startpage.
[01:30:46.920 --> 01:30:48.920]  Twenty-somethings drunk in nightclubs.
[01:30:48.920 --> 01:30:51.920]  Teenage girls having babies with no husbands or money.
[01:30:51.920 --> 01:30:54.920]  Caddy drama queens sniping at their families.
[01:30:54.920 --> 01:30:58.920]  Every night, Americans tune into the mindless universe of reality TV.
[01:30:58.920 --> 01:31:02.920]  But does watching such nonsense do more than just entertain us?
[01:31:02.920 --> 01:31:04.920]  Researchers in Australia say yes.
[01:31:04.920 --> 01:31:08.920]  They had volunteers watch a soccer hooligan get drunk with friends,
[01:31:08.920 --> 01:31:11.920]  get into a fight, and spend the whole next day sleeping.
[01:31:11.920 --> 01:31:14.920]  Then they took a knowledge test on an unrelated topic.
[01:31:14.920 --> 01:31:17.920]  They scored well below people who would not watch the show.
[01:31:17.920 --> 01:31:20.920]  So the next time Jersey Shore comes on, switch it off.
[01:31:20.920 --> 01:31:22.920]  We'll like you better for it.
[01:31:22.920 --> 01:31:25.920]  I'm Dr. Catherine Albrecht for Startpage.com,
[01:31:25.920 --> 01:31:31.920]  the world's most private search engine.
[01:31:31.920 --> 01:31:36.920]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.920 --> 01:31:38.920]  The government says that fire brought it down.
[01:31:38.920 --> 01:31:43.920]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.920 --> 01:31:46.920]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.920 --> 01:31:49.920]  And thousands of my fellow force responders are dying.
[01:31:49.920 --> 01:31:50.920]  I'm a conspiracy theorist.
[01:31:50.920 --> 01:31:51.920]  I'm a structural engineer.
[01:31:51.920 --> 01:31:52.920]  I'm a New York City correction officer.
[01:31:52.920 --> 01:31:53.920]  I'm an Air Force pilot.
[01:31:53.920 --> 01:31:55.920]  I'm a father who lost his son.
[01:31:55.920 --> 01:31:58.920]  We're Americans, and we deserve the truth.
[01:31:58.920 --> 01:32:22.920]  Rememberbuilding7.org today.
[01:32:28.920 --> 01:32:45.920]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.920 --> 01:32:50.920]  So if those out of town roofers come knocking, your door should be locking.
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[01:32:56.920 --> 01:32:58.920]  Discounts are based on full roof replacement.
[01:32:58.920 --> 01:33:01.920]  I mean, I'd actually be kidding about chemtrails.
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[01:33:11.920 --> 01:33:30.920]  Okay.
[01:33:30.920 --> 01:33:31.920]  We are back.
[01:33:31.920 --> 01:33:36.920]  Randy Kelton with our radio and going to Jimmy in Maryland.
[01:33:36.920 --> 01:33:45.920]  Sorry if I confused you earlier with Jimmy, I clicked the long button, and that got really confusing.
[01:33:45.920 --> 01:33:48.920]  Okay.
[01:33:48.920 --> 01:33:52.920]  How are your traffic issues coming?
[01:33:52.920 --> 01:33:54.920]  Oh, they're still coming.
[01:33:54.920 --> 01:33:55.920]  Got a lot of things going.
[01:33:55.920 --> 01:33:57.920]  Eddie Craig has helped me out a lot.
[01:33:57.920 --> 01:34:00.920]  I even had some school help from Jeff.
[01:34:00.920 --> 01:34:02.920]  And I kind of miss Steve, too.
[01:34:02.920 --> 01:34:06.920]  I mean, you know, I'm still fighting, you know, I'm still doing research,
[01:34:06.920 --> 01:34:11.920]  and I'm doing the best I know how I would probably resist judicial misconduct.
[01:34:11.920 --> 01:34:17.920]  I've already raised a lot of cane down there in Childs County.
[01:34:17.920 --> 01:34:25.920]  But, yeah, I have a case, there's an email on where I've been tilted through the state process,
[01:34:25.920 --> 01:34:28.920]  and now I'm at the federal level.
[01:34:28.920 --> 01:34:37.920]  And this Justice, I'm sorry, this Assistant Attorney General found an answer
[01:34:37.920 --> 01:34:42.920]  to my Renegades Corpus that I filed in the U.S. District Court.
[01:34:42.920 --> 01:34:47.920]  And like I mentioned, he's saying, you know, it's kind of what Jeff says,
[01:34:47.920 --> 01:34:52.920]  it's false and misleading and misconstrued.
[01:34:52.920 --> 01:34:58.920]  And so I'm trying to put together an objection to his answer,
[01:34:58.920 --> 01:35:01.920]  and I'm also trying to far agree with him.
[01:35:01.920 --> 01:35:02.920]  Okay.
[01:35:02.920 --> 01:35:04.920]  What was the nature of his pleading?
[01:35:04.920 --> 01:35:09.920]  Was it an answer to your pleading, a motion to dismiss?
[01:35:09.920 --> 01:35:11.920]  What was the nature of his pleading?
[01:35:11.920 --> 01:35:12.920]  Yeah, yeah.
[01:35:12.920 --> 01:35:15.920]  Basically, he's putting his answer to the motion to dismiss,
[01:35:15.920 --> 01:35:19.920]  saying that I have not exhausted all my remedies.
[01:35:19.920 --> 01:35:23.920]  And he's also made some inaccurate statements
[01:35:23.920 --> 01:35:26.920]  and misleading statements in the filing.
[01:35:26.920 --> 01:35:28.920]  I attached it to you earlier this week.
[01:35:28.920 --> 01:35:30.920]  I heard an email that I attached it to you earlier this week.
[01:35:30.920 --> 01:35:34.920]  I guess you didn't get a chance to look it over.
[01:35:34.920 --> 01:35:39.920]  I don't remember seeing an email from you.
[01:35:39.920 --> 01:35:44.920]  Yeah, I sent it to you, Randy, a little while, about two days ago.
[01:35:44.920 --> 01:35:46.920]  Okay.
[01:35:46.920 --> 01:35:49.920]  You probably can't tell me so much email you didn't see.
[01:35:49.920 --> 01:35:53.920]  But I do get a lot of emails.
[01:35:53.920 --> 01:35:56.920]  Let me pull it up.
[01:35:56.920 --> 01:36:00.920]  What's the first three letters of your email address?
[01:36:00.920 --> 01:36:04.920]  Tom is JW47.
[01:36:04.920 --> 01:36:08.920]  That sounds familiar.
[01:36:08.920 --> 01:36:10.920]  I'm looking at Wednesday.
[01:36:10.920 --> 01:36:13.920]  Two days ago would have been Wednesday.
[01:36:13.920 --> 01:36:14.920]  Right.
[01:36:14.920 --> 01:36:21.920]  I don't see anything, JW.
[01:36:21.920 --> 01:36:25.920]  For whatever reason, it may not have come through.
[01:36:25.920 --> 01:36:28.920]  You want to try to send it again?
[01:36:28.920 --> 01:36:30.920]  Okay, I'll send it again.
[01:36:30.920 --> 01:36:33.920]  Okay, you filed a habeas?
[01:36:33.920 --> 01:36:34.920]  Yes.
[01:36:34.920 --> 01:36:37.920]  And what was the claim in the habeas?
[01:36:37.920 --> 01:36:40.920]  Well, I filed it for a lot of things.
[01:36:40.920 --> 01:36:47.920]  You know, the unfairness in the district court or denial of unopposed motions.
[01:36:47.920 --> 01:36:51.920]  The state does not have authority to suspend something that does not exist.
[01:36:51.920 --> 01:36:53.920]  I was cited with a petition.
[01:36:53.920 --> 01:36:55.920]  Wait a minute.
[01:36:55.920 --> 01:36:58.920]  This is a habeas?
[01:36:58.920 --> 01:37:06.920]  And the U.S. attorney is saying you failed to exhaust all of your remedies?
[01:37:06.920 --> 01:37:08.920]  Yeah.
[01:37:08.920 --> 01:37:10.920]  This is the habeas.
[01:37:10.920 --> 01:37:11.920]  This is the great writ.
[01:37:11.920 --> 01:37:15.920]  There are no remedies you have to exhaust.
[01:37:15.920 --> 01:37:19.920]  Well, that's what he's trying to say.
[01:37:19.920 --> 01:37:22.920]  Well, that would be interesting.
[01:37:22.920 --> 01:37:25.920]  One thing to understand.
[01:37:25.920 --> 01:37:32.920]  If the U.S. attorney's office, they don't get the sharpest knives in the drawer.
[01:37:32.920 --> 01:37:34.920]  Guys go to law school.
[01:37:34.920 --> 01:37:39.920]  If they do really good, when they get ready to graduate,
[01:37:39.920 --> 01:37:45.920]  they're going to have law firms lining up to hire them.
[01:37:45.920 --> 01:37:49.920]  If they don't have law firms lining up to hire them,
[01:37:49.920 --> 01:37:53.920]  then they have to go out and try to find a job.
[01:37:53.920 --> 01:38:00.920]  And if their grades are pretty good, then there are law firms who will hire them,
[01:38:00.920 --> 01:38:05.920]  but not as much money as if the law firm recruited them.
[01:38:05.920 --> 01:38:08.920]  They recruit the top.
[01:38:08.920 --> 01:38:11.920]  But other law firms will pick them up.
[01:38:11.920 --> 01:38:14.920]  If law firms don't pick them up,
[01:38:14.920 --> 01:38:19.920]  that means they were probably the mascot for the local beer company,
[01:38:19.920 --> 01:38:27.920]  and they didn't do so well, so they're relegated to go into work for the government.
[01:38:27.920 --> 01:38:32.920]  If they could make the real money, the big money, they'd be out there making it.
[01:38:32.920 --> 01:38:37.920]  So these guys tend not to be the sharpest knives in the drawer.
[01:38:37.920 --> 01:38:40.920]  One thing in your favor.
[01:38:40.920 --> 01:38:49.920]  The other is that they don't have as much time to research their subject as you do.
[01:38:49.920 --> 01:38:54.920]  So that's kind of general.
[01:38:54.920 --> 01:38:56.920]  Tell me about the response to the habeas.
[01:38:56.920 --> 01:38:58.920]  What was the nature of the response?
[01:38:58.920 --> 01:39:02.920]  Was it just an objection or a motion to dismiss the habeas?
[01:39:02.920 --> 01:39:04.920]  Basically a motion.
[01:39:04.920 --> 01:39:09.920]  I just afford to tell you again, that's a motion to dismiss.
[01:39:09.920 --> 01:39:10.920]  Okay.
[01:39:10.920 --> 01:39:16.920]  When you filed the habeas, did they take it directly before a judge?
[01:39:16.920 --> 01:39:19.920]  Right.
[01:39:19.920 --> 01:39:20.920]  That was a question.
[01:39:20.920 --> 01:39:23.920]  Did they take it directly before a judge?
[01:39:23.920 --> 01:39:29.920]  Yes, the judge, they received it on May 26th.
[01:39:29.920 --> 01:39:34.920]  On May 28th, he sent an order out for all relevant material transfers.
[01:39:34.920 --> 01:39:38.920]  Everything was brought to him, and they had 40 days to respond,
[01:39:38.920 --> 01:39:41.920]  and I had 30 days to respond after their response.
[01:39:41.920 --> 01:39:49.920]  Okay, because generally on the habeas, I filed a habeas in Williamson County.
[01:39:49.920 --> 01:39:54.920]  That's Corsicana, Texas, about halfway between Houston and Dallas.
[01:39:54.920 --> 01:39:57.920]  And they stopped a murder trial.
[01:39:57.920 --> 01:40:02.920]  They finished examining a witness, stopped the trial, and heard my habeas.
[01:40:02.920 --> 01:40:04.920]  This is an emergency writ.
[01:40:04.920 --> 01:40:07.920]  They're supposed to hear it immediately.
[01:40:07.920 --> 01:40:11.920]  So did you go before the judge with the habeas?
[01:40:11.920 --> 01:40:12.920]  No, I didn't go before the judge.
[01:40:12.920 --> 01:40:16.920]  The judge just sent the order out.
[01:40:16.920 --> 01:40:19.920]  Okay, that may work because you're not actually incarcerated.
[01:40:19.920 --> 01:40:24.920]  You are restricted at your liberty, but you're not being held in a jail,
[01:40:24.920 --> 01:40:28.920]  so it's not as critical.
[01:40:28.920 --> 01:40:37.920]  But as far as I know, there are no remedies that you have to exhaust before you file a habeas.
[01:40:37.920 --> 01:40:40.920]  If you're being illegally restricted at your remedy,
[01:40:40.920 --> 01:40:47.920]  the habeas is one of the remedies you're able to use.
[01:40:47.920 --> 01:40:52.920]  But anyway, in order to be more specific, I'd have to see his documents,
[01:40:52.920 --> 01:40:54.920]  and I apologize.
[01:40:54.920 --> 01:40:56.920]  I didn't see you during my emails.
[01:40:56.920 --> 01:40:58.920]  You still don't see it now?
[01:40:58.920 --> 01:41:01.920]  I just forwarded it to you about five minutes ago.
[01:41:01.920 --> 01:41:03.920]  Okay, let's see if it shows up.
[01:41:03.920 --> 01:41:10.920]  Randy at Radio.com.
[01:41:10.920 --> 01:41:12.920]  Yeah.
[01:41:12.920 --> 01:41:17.920]  Top one is from Mark in Texas who I just talked to.
[01:41:17.920 --> 01:41:20.920]  So it may take a while to get here.
[01:41:20.920 --> 01:41:22.920]  And I won't have time to read it on the air anyway.
[01:41:22.920 --> 01:41:26.920]  So what was your question concerning habeas?
[01:41:26.920 --> 01:41:32.920]  Maybe I can dig out enough information for you to answer.
[01:41:32.920 --> 01:41:33.920]  Okay, yeah.
[01:41:33.920 --> 01:41:35.920]  Well, in my email, I was wondering, you know,
[01:41:35.920 --> 01:41:43.920]  I plan to fight him for using force with lean statements in his response
[01:41:43.920 --> 01:41:50.920]  and get him for ease of utility and also get him for sweet things.
[01:41:50.920 --> 01:41:56.920]  I was thinking that I didn't receive any justice in the state courts,
[01:41:56.920 --> 01:41:58.920]  and I was trying to...
[01:41:58.920 --> 01:42:06.920]  Okay, not receiving justice in the state court is not sufficient for habeas.
[01:42:06.920 --> 01:42:07.920]  Okay.
[01:42:07.920 --> 01:42:12.920]  For habeas, you're going to need something like
[01:42:12.920 --> 01:42:16.920]  lack of subject matter jurisdiction in the state court.
[01:42:16.920 --> 01:42:25.920]  Here, I think the habeas may be appropriate in that they're holding you
[01:42:25.920 --> 01:42:36.920]  to answer to a regulatory scheme under which you are not liable.
[01:42:36.920 --> 01:42:45.920]  Your whole point in right to travel is that the traffic laws don't apply to you
[01:42:45.920 --> 01:42:48.920]  because you're not in commerce.
[01:42:48.920 --> 01:42:51.920]  And so they're violating your due process rights,
[01:42:51.920 --> 01:42:56.920]  denying you your liberty by prosecuting you
[01:42:56.920 --> 01:43:00.920]  when the judge lacks subject matter jurisdiction
[01:43:00.920 --> 01:43:06.920]  because you're, I'm sorry, the judge lacks venue.
[01:43:06.920 --> 01:43:07.920]  They still said that wrong.
[01:43:07.920 --> 01:43:10.920]  The judge lacks in-personum jurisdiction.
[01:43:10.920 --> 01:43:14.920]  The judge has jurisdiction over traffic issues,
[01:43:14.920 --> 01:43:19.920]  and he would have venue within the geographical area where he was at.
[01:43:19.920 --> 01:43:27.920]  But since you did not participate in an activity that is regulated,
[01:43:27.920 --> 01:43:35.920]  then he lacks subject matter jurisdiction over you.
[01:43:35.920 --> 01:43:37.920]  We'll talk about that a little bit more on the other side
[01:43:37.920 --> 01:43:39.920]  to try to make that make sense,
[01:43:39.920 --> 01:43:47.920]  but here they're trying to prosecute you under a regulatory scheme that did not apply.
[01:43:47.920 --> 01:43:50.920]  I'm Randy Kelton.
[01:43:50.920 --> 01:43:53.920]  I won't even give out the call number of the segment,
[01:43:53.920 --> 01:43:59.920]  so hang on, we'll be right back.
[01:43:59.920 --> 01:44:03.920]  You feel tired when talking about important topics like money and politics?
[01:44:03.920 --> 01:44:07.920]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.920 --> 01:44:12.920]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.920 --> 01:44:15.920]  Hi, my name is Steve Holt, and like millions of other Americans,
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[01:44:21.920 --> 01:44:24.920]  is found in almost every home in America, the television.
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[01:46:21.920 --> 01:46:26.920]  Okay, we are back.
[01:46:26.920 --> 01:46:31.920]  Randy Kelton, rule of law lawyer, and the topic is Jimmy in Maryland.
[01:46:31.920 --> 01:46:40.920]  And Jimmy, the primary thing is the regulatory scheme.
[01:46:40.920 --> 01:46:53.920]  And it appears as though you acted appropriately in that you weren't driving on a suspended license.
[01:46:53.920 --> 01:46:58.920]  You opted out of commercial driving altogether.
[01:46:58.920 --> 01:47:01.920]  Correct.
[01:47:01.920 --> 01:47:13.920]  So the law seems fairly clear that the regulatory scheme only applies to commercial drivers.
[01:47:13.920 --> 01:47:24.920]  So the habeas should go to the fact that the judge in the case never had in person jurisdiction over you
[01:47:24.920 --> 01:47:34.920]  and subjected you to an illegal prosecution and violation of due process.
[01:47:34.920 --> 01:47:41.920]  Okay, I guess I was being a little presumptuous and premature.
[01:47:41.920 --> 01:47:46.920]  Did you make that sort of claim in your habeas?
[01:47:46.920 --> 01:47:51.920]  I certainly did.
[01:47:51.920 --> 01:47:58.920]  Okay, did the U.S. attorney address that particular issue?
[01:47:58.920 --> 01:48:01.920]  He mentioned it, but he didn't really go into detail.
[01:48:01.920 --> 01:48:05.920]  He just mentioned some of the things that my father is in the trial for.
[01:48:05.920 --> 01:48:18.920]  And then he started calling all these case laws, you know, trying to say that I did not exhaust all the liberties at the state level, basically.
[01:48:18.920 --> 01:48:23.920]  Okay, you need to look close at federal habeas.
[01:48:23.920 --> 01:48:35.920]  Federal habeas is there to put, one of the reasons is to protect you from a state that would improperly prosecute you.
[01:48:35.920 --> 01:48:45.920]  This is the very purpose to say that you have to exhaust your remedies in the state when it is the state itself.
[01:48:45.920 --> 01:48:54.920]  To say that you have to exhaust all your remedies in the state court.
[01:48:54.920 --> 01:49:06.920]  And the habeas maintains that it is the state court that is perpetrating the oppression is absurd.
[01:49:06.920 --> 01:49:09.920]  Yes.
[01:49:09.920 --> 01:49:16.920]  So a court is attempting to prosecute you without jurisdiction over you.
[01:49:16.920 --> 01:49:21.920]  There are no remedies other than habeas.
[01:49:21.920 --> 01:49:29.920]  There's no state remedies to deal with since it is the state that is creating the abuse.
[01:49:29.920 --> 01:49:35.920]  Okay, you're in Maryland. Does Maryland have a state habeas?
[01:49:35.920 --> 01:49:43.920]  You have to have something of a similar nature.
[01:49:43.920 --> 01:49:54.920]  I'm trying to think of a remedy for or lack of subject matter jurisdiction.
[01:49:54.920 --> 01:50:19.920]  When the U.S. Attorney asserted that you did not exhaust all of your state remedies, what remedies did he maintain you did not exhaust?
[01:50:19.920 --> 01:50:31.920]  He just basically said here that there should be risk of a decision to be able to exhaust available state remedies.
[01:50:31.920 --> 01:50:37.920]  Wait, did he say specifically what remedies you needed to exhaust?
[01:50:37.920 --> 01:50:42.920]  I'm looking at this thing again. I don't see specifically what he's talking about.
[01:50:42.920 --> 01:50:49.920]  Did you look back at it and look at it from the perspective of a lack of subject matter jurisdiction?
[01:50:49.920 --> 01:51:00.920]  Any remedy he suggests that would involve state jurisdiction, you have to object to.
[01:51:00.920 --> 01:51:08.920]  The whole point is the state has no jurisdiction over you in these matters.
[01:51:08.920 --> 01:51:16.920]  And if he didn't argue, I don't know how he would get to the habeas.
[01:51:16.920 --> 01:51:26.920]  This gets to an objection habeas because this is exactly what habeas was for, what a federal habeas was for.
[01:51:26.920 --> 01:51:38.920]  When a state court is improperly you do process, that's what the habeas is for, for denying you at your liberty.
[01:51:38.920 --> 01:51:42.920]  That's precisely what it's for.
[01:51:42.920 --> 01:51:50.920]  So you might look at his complaint, it's almost certainly ingenuous, then good chance it's not very competent.
[01:51:50.920 --> 01:51:53.920]  We find that a lot.
[01:51:53.920 --> 01:51:59.920]  That's what I'm saying is, the things you're saying, it's like he's kind of confused himself by some of the things he's saying.
[01:51:59.920 --> 01:52:01.920]  He doesn't really understand.
[01:52:01.920 --> 01:52:07.920]  He didn't actually risk ensuing to say something other than what I said.
[01:52:07.920 --> 01:52:11.920]  Okay, there's a couple of things that may be working in your favor.
[01:52:11.920 --> 01:52:17.920]  The first is that the lawyers for the U.S. attorney aren't sharpest knife in the drawer.
[01:52:17.920 --> 01:52:24.920]  The other one is they always give the new attorneys the process.
[01:52:24.920 --> 01:52:27.920]  So these new attorneys need to screw up a lot.
[01:52:27.920 --> 01:52:32.920]  Have you looked at this guy's case law?
[01:52:32.920 --> 01:52:34.920]  No, I haven't.
[01:52:34.920 --> 01:52:36.920]  Get his case law.
[01:52:36.920 --> 01:52:39.920]  You will love this.
[01:52:39.920 --> 01:52:53.920]  Every time I have somebody pull case law out of opposing counsel's briefs and pleadings, they always find gems they can beat them up with.
[01:52:53.920 --> 01:53:00.920]  This lawyer has already done a lot of your homework for you.
[01:53:00.920 --> 01:53:06.920]  The problems these lawyers have is they've got so much to do they can't hardly keep up with it.
[01:53:06.920 --> 01:53:19.920]  So they pull these cases, they look for a string of verbiage that seems to fit your case, and they pull these cases and they glance through them.
[01:53:19.920 --> 01:53:21.920]  Yeah, this one seems to be on point.
[01:53:21.920 --> 01:53:25.920]  Yeah, this one seems like it fits and they stick it in there.
[01:53:25.920 --> 01:53:32.920]  It's more about stuffing in a lot of cases and putting any really valid cases in there.
[01:53:32.920 --> 01:53:34.920]  So look at the cases.
[01:53:34.920 --> 01:53:49.920]  If he has put in any cases and cited them and you can't find the citation he's referring to, then you move the sanctions against the attorney and move to strike the pleading altogether.
[01:53:49.920 --> 01:53:54.920]  You would be amazed at how often we find this.
[01:53:54.920 --> 01:54:00.920]  Friend in Dallas, IRS tax liens he's trying to get rid of.
[01:54:00.920 --> 01:54:08.920]  The IRS attorneys filed a motion and they included this case in there.
[01:54:08.920 --> 01:54:11.920]  The primary case they depended on.
[01:54:11.920 --> 01:54:18.920]  Ben looked it up, read the case and he said, you are not going to believe what I have found.
[01:54:18.920 --> 01:54:30.920]  The case said the court used to say this and this was exactly what these lawyers quoted.
[01:54:30.920 --> 01:54:35.920]  However, they changed the law to something else.
[01:54:35.920 --> 01:54:40.920]  So they cited how it was and then they showed how they completely changed it.
[01:54:40.920 --> 01:54:45.920]  And the way they changed it suited Ben's case perfectly.
[01:54:45.920 --> 01:54:53.920]  So he took their case and went into court and crammed it right down their throats.
[01:54:53.920 --> 01:54:58.920]  It was obvious these lawyers never read the whole case.
[01:54:58.920 --> 01:55:00.920]  Lawyers are busy.
[01:55:00.920 --> 01:55:03.920]  They got a lot of clients to handle.
[01:55:03.920 --> 01:55:05.920]  They don't have time.
[01:55:05.920 --> 01:55:09.920]  So make sure you pull their case law and read it.
[01:55:09.920 --> 01:55:17.920]  And look at the cases, they are likely to be some that are pretty well on point for you.
[01:55:17.920 --> 01:55:25.920]  And then run that case name and see what other cases cite the case name you are using.
[01:55:25.920 --> 01:55:30.920]  And it should give you some good case law to support your position.
[01:55:30.920 --> 01:55:34.920]  Does that make sense?
[01:55:34.920 --> 01:55:37.920]  Yeah, I would check it out and say.
[01:55:37.920 --> 01:55:48.920]  The best resource you can have is a motion to dismiss or an objection to one of your motions of freedoms.
[01:55:48.920 --> 01:55:53.920]  Because these guys are going to do your homework for you.
[01:55:53.920 --> 01:56:00.920]  While they find cases that seem to point against you, you run this case, the case they give you,
[01:56:00.920 --> 01:56:04.920]  and you'll find cases all around their issue.
[01:56:04.920 --> 01:56:16.920]  And most likely to find the case law you need to beat them up with from what they sent you.
[01:56:16.920 --> 01:56:22.920]  I'm not sure if I ever asked you an actual question.
[01:56:22.920 --> 01:56:27.920]  Did you have a specific question that I didn't address?
[01:56:27.920 --> 01:56:35.920]  No, you didn't. I was hoping that you had a chance to skim through the email. Would you say you haven't received it yet?
[01:56:35.920 --> 01:56:42.920]  Yeah, I'm still looking. I got my email up and it hasn't shown up.
[01:56:42.920 --> 01:56:48.920]  I've been updating every minute or two. It hasn't shown up yet.
[01:56:48.920 --> 01:56:53.920]  Update folder. Hasn't shown up.
[01:56:53.920 --> 01:56:57.920]  You might check to see if you got the spelling right.
[01:56:57.920 --> 01:57:01.920]  I copied and pasted them off of the rule of law website.
[01:57:01.920 --> 01:57:05.920]  Oh, okay. I'm not sure what the problem is then.
[01:57:05.920 --> 01:57:13.920]  Depending on where you're at and the route it has to take, it may take you a while to get here.
[01:57:13.920 --> 01:57:20.920]  So I'll try to look at it in the morning and if I have it, I'll read it and I'll give you a response in the morning.
[01:57:20.920 --> 01:57:31.920]  If you don't see a response in the morning, I don't know what to do in the morning.
[01:57:31.920 --> 01:57:36.920]  Send one to Deborah if you don't get one from me and ask her to contact me.
[01:57:36.920 --> 01:57:45.920]  Mine may be spamming yours. I'll have a look and see if I can find it in my spam folders.
[01:57:45.920 --> 01:57:48.920]  But I do have problems with that on occasion.
[01:57:48.920 --> 01:57:51.920]  We are running up against the end of the show.
[01:57:51.920 --> 01:57:57.920]  Jimmy, make sure you keep us updated because I really appreciate the flight that you're having.
[01:57:57.920 --> 01:58:01.920]  And are you listening to Eddie every Monday?
[01:58:01.920 --> 01:58:06.920]  Yeah, yeah. I've been telling Eddie.
[01:58:06.920 --> 01:58:14.920]  I know we don't have much time, but I'm telling Eddie about a case I had when I was fighting with a different ladybird.
[01:58:14.920 --> 01:58:20.920]  Minor little errors like that won't hurt you if you can still be identified.
[01:58:20.920 --> 01:58:26.920]  You want to look at the case and see if the case is actually on point or if there are any issues.
[01:58:26.920 --> 01:58:34.920]  I'm sorry we are out of time. This is Randy Tilton, Wheel of Love Radio, ending our four-hour info marathon.
[01:58:34.920 --> 01:58:36.920]  We thank you all for listening.
[01:58:36.920 --> 01:58:41.920]  We'll text Thursday, Friday. Make sure you listen to Eddie's traffic show on Mondays.
[01:58:41.920 --> 01:58:45.920]  Thank you all for listening, and good night.
[01:59:11.920 --> 01:59:20.920]  Call us toll free at 888-551-0102 or visit us online at bfa.org.
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[01:59:25.920 --> 01:59:29.920]  plus charts and maps and an outline for every book of the Bible.
[01:59:29.920 --> 01:59:32.920]  This is truly a Bible you can understand.
[01:59:32.920 --> 01:59:40.920]  To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102.
[01:59:40.920 --> 01:59:49.920]  That's 888-551-0102 or visit us online at bfa.org.
[01:59:49.920 --> 02:00:11.920]  Looking for some truth? You found it, LogosRadioNetwork.com.