ROL_2015-10-02_16k_Hr1-2.timecode

[00:00.000 --> 00:08.000]  The following use flash is brought to you by the Lone Star Lowdown, providing the daily
[00:08.000 --> 00:10.000]  bulletins for the commodities market.
[00:10.000 --> 00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.000 --> 00:29.000]  Markets for the 1st of October, 2015 opened up with gold at $1114.30 an ounce.
[00:29.000 --> 00:35.000]  Silver at $14.54 an ounce, Texas crude at $45.09 a barrel, and Bitcoin is currently
[00:35.000 --> 00:44.000]  sitting at about $239 U.S. currency.
[00:44.000 --> 00:50.000]  Today in history, Friday, October 1st, 1982, the Sony CDP-101, the world's first
[00:50.000 --> 00:56.000]  commercially released compact disc player, is released in Japan for 168,000 yen,
[00:56.000 --> 01:04.000]  roughly $730 U.S. dollars in 1982.
[01:04.000 --> 01:08.000]  In recent news, the weather forecasting system that initially predicted Hurricane
[01:08.000 --> 01:12.000]  Joaquin would hit the East Coast is now saying it will most likely stay over the
[01:12.000 --> 01:13.000]  Atlantic Ocean.
[01:13.000 --> 01:17.000]  The hurricane has, however, been upgraded to a Category 4 storm, meaning sustained
[01:17.000 --> 01:21.000]  winds of at least 130 mph as it hit the Bahamas.
[01:21.000 --> 01:25.000]  The storm is expected to stay in the Caribbean until at least Friday morning, and though
[01:25.000 --> 01:29.000]  it appears to be headed out to sea, silver servants warned East Coast residents
[01:29.000 --> 01:36.000]  not to let their guard down just yet.
[01:36.000 --> 01:40.000]  English and Welsh smokers will be fined £50, which is roughly around $75 if they
[01:40.000 --> 01:44.000]  are caught violating a new law which aims to protect children when they are
[01:44.000 --> 01:45.000]  riding in the car with them.
[01:45.000 --> 01:49.000]  It's all part of a tough anti-secondhand smoke measure that went into effect today
[01:49.000 --> 01:53.000]  in which the driver faces the same fine even if he or she wasn't the one smoking
[01:53.000 --> 01:55.000]  with the children inside of the vehicle.
[01:55.000 --> 01:59.000]  The law would apply even if windows or the sunroof are open, but won't apply to
[01:59.000 --> 02:01.000]  people in top-down convertibles.
[02:01.000 --> 02:04.000]  The popular e-cigs are also exempt from the new regulation.
[02:04.000 --> 02:08.000]  Within the next year, Scottish lawmakers are expected to debate a similar measure.
[02:08.000 --> 02:12.000]  While in Northern Ireland, civil regulators said they want to see the results of all
[02:12.000 --> 02:19.000]  this before taking any measures themselves.
[02:19.000 --> 02:23.000]  A projected million unmanned aircraft systems, or drones as they were commonly
[02:23.000 --> 02:26.000]  known, could be given away as presents over the holiday season this year,
[02:26.000 --> 02:29.000]  according to what a Federal Aviation Administration official stated in a
[02:29.000 --> 02:31.000]  recent conference noted by Aviation Week.
[02:31.000 --> 02:35.000]  If you plan on getting a drone for yourself or family member, be sure to check
[02:35.000 --> 02:43.000]  out and share the basic guidelines on the FAA web page.
[02:43.000 --> 02:47.000]  The Low Star Load Amateur is currently looking for sponsors so to get a product
[02:47.000 --> 02:50.000]  or service you'd like to advertise here, feel free to give us a call at
[02:50.000 --> 02:54.000]  210-363-2257.
[02:54.000 --> 03:08.000]  This has been your Lowdown for October 1, 2013.
[03:08.000 --> 03:36.000]  OK, howdy howdy, this is Randy Kelton, Blah Blah Radio here on this Friday,
[03:36.000 --> 03:45.000]  the second day of October 2015, and we're doing our four hour info marathon.
[03:45.000 --> 03:52.000]  We have the phones on, I'm making sure they're on, and we'll keep the phone
[03:52.000 --> 03:56.000]  lights open all night if you have a question or a comment.
[03:56.000 --> 04:02.000]  Give us a call, we'll try to get to everybody.
[04:02.000 --> 04:09.000]  And I want to start out tonight with a little something we've been working on.
[04:09.000 --> 04:17.000]  I had a friend got a ticket and asked if I could write up something to help
[04:17.000 --> 04:24.000]  handle the ticket, and I told him why sure I could.
[04:24.000 --> 04:29.000]  And we prepared a challenge to subject matter jurisdiction.
[04:29.000 --> 04:35.000]  Now it's a standard practice with a challenge to subject matter jurisdiction
[04:35.000 --> 04:44.000]  that you always file it at the last minute, because the rule under challenge
[04:44.000 --> 04:51.000]  to this subject matter jurisdiction is that a challenge to subject matter
[04:51.000 --> 05:00.000]  jurisdiction can be filed at any time, no matter how remote in history.
[05:00.000 --> 05:15.000]  So while the rules normally call for a certain amount of time before a hearing,
[05:15.000 --> 05:25.000]  like in this case under Texas law, it requires seven days.
[05:25.000 --> 05:33.000]  And the under, I'm sorry, under the, I'm having a little issue with my own
[05:33.000 --> 05:34.000]  system so I'm distracted.
[05:34.000 --> 05:39.000]  Okay, you get seven, you're supposed to, in a traffic case, you're supposed to
[05:39.000 --> 05:42.000]  file any document seven days before here.
[05:42.000 --> 05:46.000]  Well, challenge to subject matter jurisdiction is different.
[05:46.000 --> 05:52.000]  Challenge to subject matter jurisdiction can be filed at any time because it
[05:52.000 --> 06:02.000]  challenges the authority of the tribunal to hold you to answer to their
[06:02.000 --> 06:03.000]  regulatory scheme.
[06:03.000 --> 06:13.000]  So under this, you're saying your rules don't apply to me because you don't
[06:13.000 --> 06:14.000]  have authority over me.
[06:14.000 --> 06:18.000]  Anyway, that's essentially the idea.
[06:18.000 --> 06:20.000]  So you can file them at any time.
[06:20.000 --> 06:25.000]  We filed a bunch of them and some judges know it, some judges don't.
[06:25.000 --> 06:33.000]  It surprises me that we have longtime lawyers who are municipal court judges
[06:33.000 --> 06:39.000]  and don't know about challenge to subject matter jurisdiction.
[06:39.000 --> 06:44.000]  A lot of them never, never seen one, never had anything to do with one.
[06:44.000 --> 06:49.000]  The more you learn about lawyers, the more surprised at how ignorant they
[06:49.000 --> 06:52.000]  are, how ignorant they are.
[06:52.000 --> 06:57.000]  Well, anyway, we filed a challenge to subject matter jurisdiction.
[06:57.000 --> 07:08.000]  Well, I think it hurt the judges feelings because when the trial started,
[07:08.000 --> 07:18.000]  the prosecutor indicated that our friend was there with two other people,
[07:18.000 --> 07:27.000]  myself and the guy I work with, and asked her if she knew us and knew us
[07:27.000 --> 07:29.000]  and she said she did.
[07:29.000 --> 07:31.000]  He asked if they'd be called as witnesses.
[07:31.000 --> 07:33.000]  She said, no, they won't.
[07:33.000 --> 07:38.000]  Then he asked us if we were here to be witnesses and we said, no, we don't
[07:38.000 --> 07:39.000]  know anything.
[07:39.000 --> 07:42.000]  We don't have any personal knowledge.
[07:42.000 --> 07:46.000]  So we didn't see the ticket being written.
[07:46.000 --> 07:50.000]  We didn't see her before the ticket was written.
[07:50.000 --> 07:55.000]  So we didn't have any personal, any first hand knowledge of any of the facts.
[07:55.000 --> 08:00.000]  Well, that was just a little song and dance because he insisted that we were
[08:00.000 --> 08:06.000]  potential witnesses and invoked the rule to have us thrown out of the courtroom.
[08:06.000 --> 08:11.000]  They held the hearer, bringing what occurred while we were out of the
[08:11.000 --> 08:21.000]  courtroom, was that they found her guilty and the judge ordered her to pay
[08:21.000 --> 08:23.000]  the fine immediately.
[08:23.000 --> 08:29.000]  Well, under Texas law, you have 10 days after determination of guilt to pay
[08:29.000 --> 08:32.000]  the fine or file an appeal.
[08:32.000 --> 08:36.000]  Well, she didn't have enough money in her hands, so she said she needed to
[08:36.000 --> 08:41.000]  talk to one of us to get the funds she needed to pay the fine, but he wouldn't
[08:41.000 --> 08:43.000]  let him.
[08:43.000 --> 08:49.000]  So he insisted that she either pay the fine right now or sign an agreement to
[08:49.000 --> 08:51.000]  a payment plan.
[08:51.000 --> 08:56.000]  And she refused to sign an agreement to the payment plan because she had
[08:56.000 --> 09:01.000]  objected to their subject matter jurisdiction altogether when they arrested
[09:01.000 --> 09:09.000]  her for contempt of court, gave her 72 hours.
[09:09.000 --> 09:16.000]  First thing we know is they're bringing her out in handcuffs.
[09:16.000 --> 09:20.000]  At least the bailiff let her give us her purse and stuff.
[09:20.000 --> 09:22.000]  They took her on to jail.
[09:22.000 --> 09:25.000]  She got to jail.
[09:25.000 --> 09:28.000]  She went before another judge into jail.
[09:28.000 --> 09:35.000]  And this judge apparently was incredibly abusive, threatening, baiting.
[09:35.000 --> 09:44.000]  He baited her and challenged her to file another one of what he called her
[09:44.000 --> 09:48.000]  fancy pleadings.
[09:48.000 --> 09:50.000]  And then they put her in jail.
[09:50.000 --> 09:57.000]  Well, I immediately called 911 and asked the police.
[09:57.000 --> 10:04.000]  I asked the city police to arrest the judge and the prosecutor because they
[10:04.000 --> 10:08.000]  committed these acts without subject matter of jurisdiction.
[10:08.000 --> 10:14.000]  And the thing with subject matter of jurisdiction, since it can be filed at
[10:14.000 --> 10:23.000]  any time, the reason they didn't hear the most, the pleading was that the
[10:23.000 --> 10:28.000]  prosecutor objected to it because he didn't get seven days in advance.
[10:28.000 --> 10:35.000]  Well, if you looked at the pleading, it starts out very first paragraph titled
[10:35.000 --> 10:37.000]  John's Subject Matter of Jurisdiction.
[10:37.000 --> 10:43.000]  Now comes Tanya here and after referred to as positioner in special
[10:43.000 --> 10:47.000]  appearance and challenges subject matter of jurisdiction of the court for
[10:47.000 --> 10:50.000]  a cause shown.
[10:50.000 --> 10:53.000]  First actual paragraph.
[10:53.000 --> 10:56.000]  Filing is timely.
[10:56.000 --> 10:58.000]  Mr. filing is timely for the general rule.
[10:58.000 --> 11:03.000]  A party may not intervene after a final judgment unless a judgment is set aside,
[11:03.000 --> 11:07.000]  blah, blah, blah.
[11:07.000 --> 11:09.000]  That's the wrong citation.
[11:09.000 --> 11:10.000]  Challenge is timely.
[11:10.000 --> 11:14.000]  Subject matter of jurisdiction cannot be waived and it may be raised at any
[11:14.000 --> 11:17.000]  point in the proceeding.
[11:17.000 --> 11:20.000]  Subject matter of jurisdiction cannot be waived.
[11:20.000 --> 11:21.000]  It can be.
[11:21.000 --> 11:25.000]  I'm reading two citations that say the same thing.
[11:25.000 --> 11:31.000]  Because the trial court lacked subject matter of jurisdiction to enter the
[11:31.000 --> 11:35.000]  custody provisions in the 1999 divorce decree, it properly refused to enforce
[11:35.000 --> 11:37.000]  that portion of the decree.
[11:37.000 --> 11:43.000]  This case law is supporting the fact that subject matter of jurisdiction can
[11:43.000 --> 11:47.000]  be filed at any time.
[11:47.000 --> 11:54.000]  And then it goes on to say once in another case, this is a real famous case,
[11:54.000 --> 11:59.000]  once jurisdiction is challenged, the court cannot proceed when it clearly
[11:59.000 --> 12:03.000]  appears that the court lacks jurisdiction.
[12:03.000 --> 12:07.000]  The court has no authority to reach merits but rather should dismiss the
[12:07.000 --> 12:10.000]  action.
[12:10.000 --> 12:18.000]  Apparently either the prosecutor didn't read this or he didn't care.
[12:18.000 --> 12:24.000]  It seems they thought they could just do anything they wanted.
[12:24.000 --> 12:33.000]  So the next morning I was at the city hall in, this is town of Lakeside,
[12:33.000 --> 12:38.000]  Texas, small town just west of Fort Worth.
[12:38.000 --> 12:43.000]  And it's a very small town, only about 1300 people.
[12:43.000 --> 12:50.000]  I was at the clerk's office when it opened and requested a copy of the
[12:50.000 --> 12:58.000]  commitment order because I needed it to include in a habeas corpus that I
[12:58.000 --> 13:00.000]  had written.
[13:00.000 --> 13:03.000]  Well, they refused to produce it.
[13:03.000 --> 13:06.000]  Said I had to file a written request and wait 10 days.
[13:06.000 --> 13:10.000]  They had up to 10 days to produce it.
[13:10.000 --> 13:14.000]  So I went to the jail and asked for one from the jail.
[13:14.000 --> 13:16.000]  They didn't have one.
[13:16.000 --> 13:22.000]  They claimed that they were under contract, city of Lakewood.
[13:22.000 --> 13:30.000]  She was actually put in jail in another municipality, Westworth Village.
[13:30.000 --> 13:36.000]  It's a little town right on the edge of Fort Worth.
[13:36.000 --> 13:41.000]  Well, they claimed that they really weren't holding her, that Lakeside was,
[13:41.000 --> 13:44.000]  and they didn't have anything.
[13:44.000 --> 13:56.000]  So I went on to the county courthouse in Fort Worth and tried to get a judge to
[13:56.000 --> 13:58.000]  hear the habeas.
[13:58.000 --> 14:03.000]  That was a real challenge because apparently the judge that hears habeas
[14:03.000 --> 14:05.000]  wasn't in that day.
[14:05.000 --> 14:11.000]  And there was a second judge that hears habeas, but he'd already went home.
[14:11.000 --> 14:13.000]  I think he was there.
[14:13.000 --> 14:16.000]  I think he just didn't want to hear it, didn't want to bother.
[14:16.000 --> 14:23.000]  So I pushed the clerk and she called just about every judge, every county
[14:23.000 --> 14:26.000]  judge in Fort Worth.
[14:26.000 --> 14:29.000]  There's about eight or 10.
[14:29.000 --> 14:32.000]  And one of them agreed to hear it and said it would take two days because they
[14:32.000 --> 14:34.000]  had to notify the other side.
[14:34.000 --> 14:37.000]  And that was not true.
[14:37.000 --> 14:42.000]  But anyway, in the process of me doing all this, I get done with it and I
[14:42.000 --> 14:49.000]  start home and I find out that she's already been released from jail.
[14:49.000 --> 14:54.000]  It seems they figured out that somebody was actually going to question what
[14:54.000 --> 15:00.000]  they were doing and so they got her out of the jail as quick as they could.
[15:00.000 --> 15:06.000]  So the question is, what crimes did they commit?
[15:06.000 --> 15:13.000]  And this is kind of, I wanted to use this as a demonstration.
[15:13.000 --> 15:16.000]  I talk about running the routine on them.
[15:16.000 --> 15:21.000]  There's more to the routine than just asking them to do something when they
[15:21.000 --> 15:27.000]  don't file against them with the next guy in line and when that one doesn't
[15:27.000 --> 15:31.000]  do what he's supposed to file against him.
[15:31.000 --> 15:34.000]  There's another way of looking at this.
[15:34.000 --> 15:41.000]  You go back and look at what they're doing and how the charges begin to stack
[15:41.000 --> 15:42.000]  up.
[15:42.000 --> 15:45.000]  The judge and the prosecutor.
[15:45.000 --> 15:52.000]  The prosecutor asked that the judge strike the motion for not being timely
[15:52.000 --> 15:53.000]  filed.
[15:53.000 --> 15:55.000]  That was a frivolous pleading.
[15:55.000 --> 15:58.000]  That gets a bar grievance.
[15:58.000 --> 16:05.000]  The judge heard it and approved it and denied the filing.
[16:05.000 --> 16:09.000]  They denied to hear the challenge.
[16:09.000 --> 16:15.000]  That's denying the petitioner and the right to petition the court for
[16:15.000 --> 16:17.000]  redress of grievance.
[16:17.000 --> 16:18.000]  Due process violation.
[16:18.000 --> 16:21.000]  That's both state and federal due process violation.
[16:21.000 --> 16:26.000]  And an act of official oppression class A misdemeanor.
[16:26.000 --> 16:29.000]  Then we're about to go to breaks.
[16:29.000 --> 16:31.000]  I'm not going to run off the cliff this time.
[16:31.000 --> 16:33.000]  I'll finish this up on the inside.
[16:33.000 --> 16:36.000]  I'm surprised we've got a whole stack of callers.
[16:36.000 --> 16:42.000]  I'll go through a part of this when we come back and then I'll go to a caller.
[16:42.000 --> 16:44.000]  We'll have time later.
[16:44.000 --> 16:47.000]  Walk through the crimes that they've committed.
[16:47.000 --> 16:49.000]  You won't believe how many of you are.
[16:49.000 --> 16:52.000]  This is Randy Kelton, Rue La Radio.
[16:52.000 --> 16:56.000]  I call it number 512-646-1984.
[16:56.000 --> 17:06.000]  We'll be right back.
[17:26.000 --> 17:36.000]  We'll be right back.
[17:56.000 --> 17:59.000]  We'll be right back.
[17:59.000 --> 18:27.000]  We'll be right back.
[18:27.000 --> 18:29.000]  We'll be right back.
[18:58.000 --> 19:00.000]  We'll be right back.
[19:00.000 --> 19:27.000]  We'll be right back.
[19:27.000 --> 19:41.000]  We'll be right back.
[19:41.000 --> 19:43.000]  We are back.
[19:43.000 --> 19:45.000]  Randy Kelton, Rue La Radio.
[19:45.000 --> 19:53.000]  I have a full call board already so I will go through this very quickly and then I'll go to a call.
[19:53.000 --> 20:04.000]  When they refused, when the prosecutor objected to the filing as not being timely, that was a frivolous objection.
[20:04.000 --> 20:18.000]  And the objection was for the purpose of denying the defendant in the due course of the laws by denying her inner right to petition the court to redress agreements.
[20:18.000 --> 20:23.000]  So we'll bargain with the lawyer for that.
[20:23.000 --> 20:34.000]  And the judge upheld the objection when the judge did not have subject matter jurisdiction.
[20:34.000 --> 20:42.000]  Once a challenge to subject matter jurisdiction is filed, subject matter jurisdiction is lost.
[20:42.000 --> 20:45.000]  This is kind of how it works.
[20:45.000 --> 20:57.000]  When a petition is filed with the court or in a criminal case, when a criminal complaint is filed, there's required to be a examining trial.
[20:57.000 --> 21:06.000]  And in this case, this is too complex.
[21:06.000 --> 21:21.000]  I will get to this later because there was a hearing prior to this where she was, you know, anybody who's had a ticket has signed the ticket so that the officer doesn't have to arrest you right away.
[21:21.000 --> 21:38.000]  When you sign that ticket, if you look closely at it, most of them used to state, at least in Texas, it used to quote 543.006 Texas Transportation Code,
[21:38.000 --> 21:52.000]  which authorized the officer to release you on a signed promise to appear before some magistrate, not before a judge.
[21:52.000 --> 22:02.000]  And at the first hearing, she appeared and asked to have an examining trial and the judge refused.
[22:02.000 --> 22:10.000]  When the judge refused to hold an examining trial, then the city lost subject matter jurisdiction.
[22:10.000 --> 22:20.000]  I'll get to that and then I'll walk through all of these statutes that they violated because they were really thick.
[22:20.000 --> 22:26.000]  Lots of felonies, enough time to get all these guys in prison for a long time.
[22:26.000 --> 22:36.000]  If you can ever get the system to prosecute themselves, which they are very averse to doing,
[22:36.000 --> 22:46.000]  but all the time we've been doing this show, we've been working toward forcing the system to prosecute itself,
[22:46.000 --> 22:52.000]  to take the laws that apply to them as seriously as they take the laws that apply to us.
[22:52.000 --> 23:02.000]  This is going to be an example case for us. This is my first time to actually take on this traffic issue,
[23:02.000 --> 23:09.000]  but taking it on somewhat different from the right to travel. We're never mentioning the right to travel.
[23:09.000 --> 23:18.000]  We are talking about the commercial aspect. We're going after the right of the city to enforce the laws in the first place.
[23:18.000 --> 23:24.000]  I'll get to that if we have time this evening. I expect we will toward the end.
[23:24.000 --> 23:28.000]  Right now I've got a full call board, so I'm going to go ahead and go to calls.
[23:28.000 --> 23:34.000]  I'm going to start with Andrew in Pennsylvania. Hello, Andrew. What do you have for us today?
[23:34.000 --> 23:38.000]  Hi, Randy. I'm not going to take as much time as I did yesterday,
[23:38.000 --> 23:43.000]  but went through the trouble of reading that due process thing that you told me about, the habeas thing.
[23:43.000 --> 23:49.000]  I went through the trouble of plagiarizing it to the point where I put all my information in the right places,
[23:49.000 --> 23:51.000]  because this is in Arizona.
[23:51.000 --> 23:59.000]  Okay, hold on, hold on. Most of our listeners I suspect were listening last night,
[23:59.000 --> 24:04.000]  because I know everybody listens to me every time I'm on the air.
[24:04.000 --> 24:10.000]  However, there may be some folks who weren't able to listen last night.
[24:10.000 --> 24:15.000]  I'm going to give everybody a brief synopsis, so you bring them up to exactly where you're at,
[24:15.000 --> 24:18.000]  so they know what you're talking about.
[24:18.000 --> 24:24.000]  I flew from my home in Pennsylvania to Arizona, rented a car from the Alamo dealership,
[24:24.000 --> 24:29.000]  was traveling, not driving, traveling, because I was not using the rental car for commercial purposes.
[24:29.000 --> 24:33.000]  On the Loop 202 area in Phoenix, I was pulled over.
[24:33.000 --> 24:37.000]  I recited Eddie Craig's transportation script when the officer pulled me over.
[24:37.000 --> 24:42.000]  He had no idea what I was talking about when I said I was not in a commercial capacity.
[24:42.000 --> 24:45.000]  He threatened to arrest me, at which point I mentioned the part of the script saying,
[24:45.000 --> 24:49.000]  duty or attitude, demeanor, and it threats to multiply charges, blah, blah, blah,
[24:49.000 --> 24:53.000]  at which point, and by the way, I did not roll up the window to my car.
[24:53.000 --> 24:57.000]  I do regret that, but then again, I don't regret that, because it's almost the virtual certainty
[24:57.000 --> 25:00.000]  that this officer would have bashed out the window if he did that.
[25:00.000 --> 25:06.000]  So he grabs me, takes me out of the car, cuffs me, kidnaps me, robs me of the rental car
[25:06.000 --> 25:09.000]  and everything else in it, and I spent 30 hours in an Arizona jail,
[25:09.000 --> 25:13.000]  and I called you yesterday to ask what is the best way for me to go about this
[25:13.000 --> 25:19.000]  without having to drag my fat butt all the way to Arizona next Tuesday at 1.30 for the arraignment,
[25:19.000 --> 25:25.000]  and you told me about the whole thing, where the website, churispudence.com,
[25:25.000 --> 25:29.000]  reading over the hideous thing. I did read that.
[25:29.000 --> 25:32.000]  I didn't read it twice, like you said. I read it once very, very closely,
[25:32.000 --> 25:37.000]  and boy, did it match my, what happened to me, to almost a certain, almost to a T.
[25:37.000 --> 25:42.000]  So what I did was I put my name in all the places,
[25:42.000 --> 25:45.000]  put the officer's name and badge number in the place where it said,
[25:45.000 --> 25:49.000]  other respondent with the term it said, and I went through the trouble
[25:49.000 --> 25:56.000]  of making sure I kept in all the federal stuff, and I did cite that one case, the Pew case.
[25:56.000 --> 26:01.000]  I did specifically look at the part there to make sure exactly what that said,
[26:01.000 --> 26:09.000]  and I did exit out all the Texas specific laws, because that obviously wouldn't apply to this case.
[26:09.000 --> 26:18.000]  And now, at this point, I need to ask you, is all I have to do just print out that whole paper
[26:18.000 --> 26:23.000]  and then put it in a Manila envelope, sending it to the,
[26:23.000 --> 26:27.000]  I got the address for the Pennsylvania federal court that I want to send it to,
[26:27.000 --> 26:31.000]  and basically on that, put a paper in that envelope saying,
[26:31.000 --> 26:35.000]  this is a federal due process violation in Pennsylvania's federal court
[26:35.000 --> 26:40.000]  and also a removal of traffic case notice. I mean, is it that simple or?
[26:40.000 --> 26:48.000]  Okay, hold on, hold on, hold on. No. This document is written as a habeas corpus.
[26:48.000 --> 26:54.000]  So you can't file it as a habeas corpus because you're not in jail.
[26:54.000 --> 26:58.000]  That's what it's intended for, is to get somebody out of jail.
[26:58.000 --> 27:05.000]  So you need to change it to a motion to dismiss, motion to dismiss the case.
[27:05.000 --> 27:15.000]  You can file this as, you file a motion to dismiss for breach of due process.
[27:15.000 --> 27:23.000]  Once your due process rights have been violated, you maintain that the court no longer has jurisdiction.
[27:23.000 --> 27:30.000]  Do you remember the part about being a trespasser ab initio?
[27:30.000 --> 27:32.000]  No, that term is not familiar.
[27:32.000 --> 27:37.000]  Okay. Once the officer, while acting under the color of his authority,
[27:37.000 --> 27:47.000]  breaches the law relating to his office, he becomes a trespasser from the beginning and all his acts are defeated.
[27:47.000 --> 27:57.000]  That's in the habeas. So you need to take the habeas and rewrite it as a motion to dismiss.
[27:57.000 --> 28:12.000]  File that in the case itself. Then take this motion and turn it into a federal civil due process suit.
[28:12.000 --> 28:25.000]  Just do a search for federal due process suit and you'll find some examples of suits alleging denial as a due process.
[28:25.000 --> 28:31.000]  And then you can file that in the federal court.
[28:31.000 --> 28:44.000]  Now understand that we don't expect this federal suit to survive all the challenges that were being brought against it.
[28:44.000 --> 28:52.000]  The purpose of doing all of this is that you have a hearing scheduled for the seventh.
[28:52.000 --> 28:59.000]  And Andrew doesn't want to have to fly back to Arizona for this hearing on a traffic issue.
[28:59.000 --> 29:03.000]  He also doesn't want a warrant issued for his arrest.
[29:03.000 --> 29:13.000]  And here is where we're kind of moving out of the exact, precise rule of law
[29:13.000 --> 29:18.000]  and moving toward the politics and the reality of how things actually work.
[29:18.000 --> 29:25.000]  Kind of goes, if the other side did this, we'd call it sharp practice.
[29:25.000 --> 29:31.000]  It's only sharp practice if a Shuster lawyer does it. It's not a sharp practice if a pro se does it.
[29:31.000 --> 29:35.000]  Heck, we don't know. We're just dumb old pro se's.
[29:35.000 --> 29:46.000]  We don't know that we can't remove this criminal action, this classy misdemeanor into the federal court.
[29:46.000 --> 29:52.000]  Actually, we can't. But a regular lawyer wouldn't do it.
[29:52.000 --> 29:56.000]  OK, hang on. We'll pick this back up and come back on the other side.
[29:56.000 --> 30:23.000]  We'll bring the radio and the light back.
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[32:07.000 --> 32:12.000]  If we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights.
[32:12.000 --> 32:17.000]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[32:17.000 --> 32:19.000]  and most importantly, the right to due process of law.
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[32:28.000 --> 32:33.000]  has put together the most comprehensive teaching tool available that will help you understand what due process is
[32:33.000 --> 32:35.000]  and how to hold courts to the rule of law.
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[33:21.000 --> 33:29.000]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Andrew in Pennsylvania.
[33:29.000 --> 33:34.000]  Andrew was in Arizona from Pennsylvania, got a ticket in Arizona, arrested in Arizona.
[33:34.000 --> 33:44.000]  Now he's back in Pennsylvania. He's got seven days or to the seventh, five more days to the seventh of October.
[33:44.000 --> 33:53.000]  He's supposed to appear in court in Arizona, and that is prohibitive.
[33:53.000 --> 33:59.000]  And the officer who performed the arrest knew full well that it would be prohibitive,
[33:59.000 --> 34:07.000]  so he kind of felt like he could do anything he wanted to because it just cost too much to try to adjudicate the issue.
[34:07.000 --> 34:18.000]  And right now, we're not so much trying to adjudicate the issue as we are trying to buy some time.
[34:18.000 --> 34:24.000]  Now, if a lawyer did this, he could be sanctioned because the judge frowned on it.
[34:24.000 --> 34:27.000]  Possibly he could be sanctioned.
[34:27.000 --> 34:39.000]  In fact, the accusations that are in this habeas, as Andrew said, I wrote this habeas for Texas,
[34:39.000 --> 34:51.000]  what the habeas does is walks down the practice of law as it is applied to the rule of law.
[34:51.000 --> 34:54.000]  That is very clear. They don't match.
[34:54.000 --> 35:00.000]  While the habeas is written for the most part in Texas law,
[35:00.000 --> 35:10.000]  it follows the federal law and the vast majority of the citations in the pleading are federal cases.
[35:10.000 --> 35:18.000]  So you'll apply to any state, and the only trick is to just take out the harassed Texas state statute.
[35:18.000 --> 35:26.000]  You can do a search in your own code or in the code of the state where you're supplying to and apply the state code.
[35:26.000 --> 35:36.000]  You can expect to find statutes matching or almost precisely matching the ones that I cite
[35:36.000 --> 35:50.000]  because the federal government back in the 60s encouraged all of the states to adopt a uniform penal code and code of criminal procedure.
[35:50.000 --> 35:59.000]  This is so that this is for exactly Andrew's situation where you're in a foreign state.
[35:59.000 --> 36:10.000]  They intended that we be able to move from state to state freely and that if we move from our state to another state,
[36:10.000 --> 36:17.000]  if the laws are essentially uniform, then we will have notice of when we're violating law and when we're not.
[36:17.000 --> 36:22.000]  And most of the states did that. The ones that didn't were mostly commonwealths,
[36:22.000 --> 36:31.000]  and they already had a set of code that was pretty close to the uniform code, and they made adjustments to their code.
[36:31.000 --> 36:43.000]  So all of the codes pretty well match. You can pretty well find a statute in most every state that reflects statutes in your state.
[36:43.000 --> 36:50.000]  Sometimes you'll find some obscure ones that aren't repeated, but even if one's not repeated,
[36:50.000 --> 37:02.000]  if our legislature, say here in Texas, has addressed an issue and the legislature of another state hasn't addressed that issue,
[37:02.000 --> 37:16.000]  under full faith and credit, the legislatures of one state and the courts of one state trust the legislature and courts of other states.
[37:16.000 --> 37:22.000]  So if the legislature and courts of another state has addressed an issue that they have not,
[37:22.000 --> 37:30.000]  then you can bring that foreign law into this state under full faith and credit doctrine.
[37:30.000 --> 37:41.000]  So what Andrew is doing here is you're trying to find a way to put the kibosh on this hearing on the 7th.
[37:41.000 --> 37:55.000]  And anyone who's familiar with federal filings and such, they're going to say, well, if you file this, well, they'll just throw it out.
[37:55.000 --> 38:02.000]  And we're saying, who cares? At this point, we're not concerned with having everything perfect,
[38:02.000 --> 38:08.000]  having something filed that will stand up in court at the end of the day.
[38:08.000 --> 38:13.000]  Right now, we're trying to get some time for Andrew to do his research.
[38:13.000 --> 38:18.000]  We're trying to generate some leverage.
[38:18.000 --> 38:33.000]  Whether his pleadings are artful or not, whether he's prepared the pleadings that will pass the Iqbal Twombly test, the Rule 12b6 test.
[38:33.000 --> 38:37.000]  We're not too worried about that at the moment.
[38:37.000 --> 38:43.000]  What we're looking at is a calculation.
[38:43.000 --> 39:00.000]  We want to give the state of Arizona, the city of Phoenix, a reason to make Andrew a deal that he just absolutely cannot pass up so that we make this case go away.
[39:00.000 --> 39:15.000]  But now I know we get on here and we complain about the deal being what has caused the United States to become the worst police state the world has ever seen.
[39:15.000 --> 39:18.000]  Yes, I understand that.
[39:18.000 --> 39:29.000]  But I'm older and I've developed what I hope to be some level of wisdom.
[39:29.000 --> 39:37.000]  And that wisdom tells me, pick your battles very carefully.
[39:37.000 --> 39:44.000]  If you're going to have a fight, have the one you want to have.
[39:44.000 --> 39:47.000]  Excuse me, I think I swallowed a bug.
[39:47.000 --> 39:50.000]  Have the fight you want to have.
[39:50.000 --> 39:55.000]  This is not the kind of fight you want to have.
[39:55.000 --> 40:00.000]  You don't want to fight from Pennsylvania case in Arizona.
[40:00.000 --> 40:03.000]  So let's see if we can't make the case go away.
[40:03.000 --> 40:06.000]  Does that make sense?
[40:06.000 --> 40:09.000]  Yes, Randy, and it's actually on the 6th, not the 7th.
[40:09.000 --> 40:18.000]  But anyway, I wanted to ask you, during the break what I did was I see the original document as you have it, it says original petition for writ of habeas corpus.
[40:18.000 --> 40:25.000]  I got rid of that and in that place wrote, motion to dismiss case for violation of due process.
[40:25.000 --> 40:26.000]  Is that the right way to go about this?
[40:26.000 --> 40:28.000]  Perfect.
[40:28.000 --> 40:29.000]  Okay, okay.
[40:29.000 --> 40:33.000]  And all I have to do at this point is print this out as it is.
[40:33.000 --> 40:36.000]  Like I said, I got rid of all the Texas stuff, left the federal stuff.
[40:36.000 --> 40:44.000]  I'll do the research on Arizona after I mail this because we just want to get this out there and make sure the post office stands it before the hearing.
[40:44.000 --> 40:49.000]  And the way about doing this, just print this out, put it in a manila envelope.
[40:49.000 --> 40:54.000]  I don't have to add any additional papers saying, attention court reports, this is a motion to dismiss.
[40:54.000 --> 40:56.000]  So find that out as soon as they open it, right?
[40:56.000 --> 41:01.000]  Okay, there is, okay, there's one more step.
[41:01.000 --> 41:06.000]  You file the motion to dismiss in the trial court.
[41:06.000 --> 41:17.000]  And then you take your motion to dismiss and convert it into an original petition, a suit for breach of due process.
[41:17.000 --> 41:20.000]  It essentially goes to the same thing.
[41:20.000 --> 41:26.000]  It is essentially a motion to dismiss, but you're moving the federal court to dismiss.
[41:26.000 --> 41:41.000]  So the way you do that is turn it into an original petition, a suit for breach of due process, and the remedy for breach of due process is dismissal.
[41:41.000 --> 41:49.000]  So you make those adjustments to it, turn it into a federal suit, file a federal case in Pennsylvania,
[41:49.000 --> 42:01.000]  and then file a, when you send the motion to dismiss, send a notice of removal and cite the federal case that you filed in Pennsylvania.
[42:01.000 --> 42:05.000]  That will put the brakes on Arizona.
[42:05.000 --> 42:16.000]  What Arizona is likely to do is they have 30 days in which time to file a motion to remand.
[42:16.000 --> 42:22.000]  Understand that you send a notice of removal.
[42:22.000 --> 42:24.000]  This is not a motion.
[42:24.000 --> 42:26.000]  This is not a question.
[42:26.000 --> 42:30.000]  It's not something over which they have an option.
[42:30.000 --> 42:37.000]  Once a notice of removal is filed in the state court, the case is removed.
[42:37.000 --> 42:44.000]  You as the litigant have the power to remove yourself.
[42:44.000 --> 42:57.000]  And that's, the way you do the exercise of removal is you merely give notice to the state court that the case is to be removed to the federal court.
[42:57.000 --> 43:00.000]  Then it's a done deal.
[43:00.000 --> 43:10.000]  Case in North Carolina, guy is, you know, black guy, white bar, big fight, black guy kills white guy, prosecuted.
[43:10.000 --> 43:18.000]  Files a, they pick the jury and after the jury is picked, he files a removal.
[43:18.000 --> 43:21.000]  He's out of time to file a removal.
[43:21.000 --> 43:24.000]  He's only got 30 days to file it.
[43:24.000 --> 43:27.000]  And he's filed it almost a year later.
[43:27.000 --> 43:30.000]  He had no grounds for removal.
[43:30.000 --> 43:33.000]  So, and the court knew all this.
[43:33.000 --> 43:37.000]  And they went on with the case.
[43:37.000 --> 43:39.000]  Prosecuted, convicted.
[43:39.000 --> 43:46.000]  The federal court said once that notice of removal was filed, your jurisdiction stopped that day.
[43:46.000 --> 43:48.000]  Made no difference that he didn't have grounds.
[43:48.000 --> 43:50.000]  That's something you have to argue in a motion to remand.
[43:50.000 --> 43:51.000]  It was over.
[43:51.000 --> 43:52.000]  You had to stop.
[43:52.000 --> 43:53.000]  They had to retry.
[43:53.000 --> 43:55.000]  Randy Kelton, rule of law radio.
[43:55.000 --> 43:58.000]  I call the number 512-646-1984.
[43:58.000 --> 44:02.000]  We'll be right back.
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[46:14.000 --> 46:36.000]  We are back, Randy Kelton with Rule of Law Radio and I don't mean to get into too much detail and be pedantic here,
[46:36.000 --> 46:41.000]  but I'm trying to get this to where you have enough information that it makes sense.
[46:41.000 --> 46:45.000]  Do you kind of understand where we're going, Andrew?
[46:45.000 --> 46:53.000]  Yes, but one thing I'm still confused about is how many envelopes with information am I supposed to submit to the court?
[46:53.000 --> 46:58.000]  Because first you're telling me to file a federal due process violation and I got that pretty much set up.
[46:58.000 --> 47:04.000]  Yesterday you also said file a removal of traffic case and now you, and I think you have to repeat this to me,
[47:04.000 --> 47:08.000]  you also said turn it into an original petition and then you lost me there.
[47:08.000 --> 47:15.000]  So am I supposed to be sending in three different envelopes with three different packets to the same court?
[47:15.000 --> 47:17.000]  I'm a little lost here.
[47:17.000 --> 47:25.000]  You can put everything to the city in Arizona.
[47:25.000 --> 47:29.000]  You can send everything all at one time, all in one envelope.
[47:29.000 --> 47:38.000]  But you have three documents, you have the motion to dismiss, the removal, and the federal lawsuit.
[47:38.000 --> 47:44.000]  It can all go in one envelope with one certified mail sticker on it.
[47:44.000 --> 47:51.000]  You need to send one copy to the court, one copy to the prosecutor.
[47:51.000 --> 47:53.000]  Well, okay, I got to get that done.
[47:53.000 --> 48:01.000]  And then you need to file your copy, the one copy with the federal court.
[48:01.000 --> 48:04.000]  Sometimes the federal courts want more than one copy.
[48:04.000 --> 48:09.000]  You need to contact your local federal court and see what their local rules are.
[48:09.000 --> 48:12.000]  Sometimes they want more than one copy.
[48:12.000 --> 48:18.000]  When I filed a writ of habeas corpus with the Texas Court of Criminal Appeals,
[48:18.000 --> 48:27.000]  they wanted 18 copies that had 15 judges, and then they wanted three extra copies.
[48:27.000 --> 48:30.000]  So make sure how many copies they want.
[48:30.000 --> 48:37.000]  Okay, okay, and the three documents, the federal due process violation, the removal of traffic case,
[48:37.000 --> 48:42.000]  and then the original petition of lawsuit, is that right?
[48:42.000 --> 48:44.000]  Yes.
[48:44.000 --> 48:49.000]  Okay, and can I use this habeas document to do all three?
[48:49.000 --> 48:51.000]  Yes.
[48:51.000 --> 49:00.000]  Essentially, your suit you're filing in the federal court is really a motion to dismiss the state court filing.
[49:00.000 --> 49:05.000]  So the basic content of the documents would be exactly the same.
[49:05.000 --> 49:07.000]  Okay.
[49:07.000 --> 49:12.000]  So just the headings and the context of the documents would be somewhat different.
[49:12.000 --> 49:20.000]  Now, they may, you know, they're going to jump up and down and rail in righteous indignation.
[49:20.000 --> 49:24.000]  They're going to claim you didn't do anything right, that everything was wrong, blah, blah, blah.
[49:24.000 --> 49:28.000]  But they still have to jump through these hoops in order to proceed.
[49:28.000 --> 49:35.000]  So what I suggest is once you get all these filed, is send a letter to the prosecutor
[49:35.000 --> 49:39.000]  and ask the prosecutor to offer you some kind of resolution
[49:39.000 --> 49:44.000]  so that we don't have to go through all of this federal suit process
[49:44.000 --> 49:46.000]  because this is going to cost them a lot of money.
[49:46.000 --> 49:48.000]  It's all about the money.
[49:48.000 --> 49:50.000]  Make a deal you can deal with.
[49:50.000 --> 49:53.000]  In this case, is the prosecution in this case the cop who arrested me
[49:53.000 --> 49:55.000]  because I have his last name and badge number?
[49:55.000 --> 49:58.000]  No, not the cop, not the cop.
[49:58.000 --> 50:06.000]  It is the prosecuting attorney for the City of Phoenix.
[50:06.000 --> 50:09.000]  Okay, prosecuting attorney for City of Phoenix.
[50:09.000 --> 50:14.000]  So I have to send three documents each to the federal court in Pennsylvania
[50:14.000 --> 50:17.000]  and the same three documents?
[50:17.000 --> 50:18.000]  No, no.
[50:18.000 --> 50:21.000]  The federal court only gets the federal suit.
[50:21.000 --> 50:23.000]  That's all they care about.
[50:23.000 --> 50:27.000]  And you send them a copy of the Notice of Removal.
[50:27.000 --> 50:34.000]  So the motion to dismiss, you don't have to send the federal court at this point.
[50:34.000 --> 50:37.000]  The motion to dismiss the traffic case, I don't have to send that to them.
[50:37.000 --> 50:40.000]  Right, because that's a state issue.
[50:40.000 --> 50:43.000]  So the federal court would only need the federal suit
[50:43.000 --> 50:48.000]  and the Notice of Removal of the state issue.
[50:48.000 --> 50:54.000]  And the state court would need the motion to dismiss the suit
[50:54.000 --> 51:02.000]  on which the Notice of Removal is based and the Notice of Removal
[51:02.000 --> 51:11.000]  because now they're going to have 30 days in which to file a motion to remand.
[51:11.000 --> 51:16.000]  And what you want to do is catch them before they file an answer
[51:16.000 --> 51:19.000]  and say, guys, before you go to all this trouble,
[51:19.000 --> 51:22.000]  let's make a deal and make all this go away.
[51:22.000 --> 51:25.000]  They're going to know exactly what you're pulling on them.
[51:25.000 --> 51:28.000]  This is a negotiation.
[51:28.000 --> 51:30.000]  You're playing, let's make a deal.
[51:30.000 --> 51:35.000]  And you're stacking your side with as much leverage as you can get
[51:35.000 --> 51:40.000]  to leverage a better deal out of them.
[51:40.000 --> 51:42.000]  I'll do that.
[51:42.000 --> 51:44.000]  So I don't have to get the state courts involved.
[51:44.000 --> 51:49.000]  It's just since, oh, my God, I hate to have to make you repeat this.
[51:49.000 --> 51:55.000]  But the federal court only needs the suit and the due process violation,
[51:55.000 --> 51:57.000]  but not the removal of the traffic case.
[51:57.000 --> 52:01.000]  Do I have to send anything to the Pennsylvania State Court?
[52:01.000 --> 52:02.000]  Hold on.
[52:02.000 --> 52:06.000]  You said not the removal of the traffic case.
[52:06.000 --> 52:08.000]  They need the removal.
[52:08.000 --> 52:14.000]  What they don't need is the motion to dismiss in the traffic case.
[52:14.000 --> 52:18.000]  It wouldn't hurt to send them all three, to make the packages all the same.
[52:18.000 --> 52:25.000]  It won't hurt a bit to send the court the motion that you filed in the state case
[52:25.000 --> 52:29.000]  because essentially removing the state case to the Fed.
[52:29.000 --> 52:34.000]  So rather than have a problem, I would make up a package,
[52:34.000 --> 52:43.000]  the notice, the motion to dismiss, notice of removal, and federal lawsuit.
[52:43.000 --> 52:46.000]  Send them all to everybody.
[52:46.000 --> 52:48.000]  Okay, okay, okay.
[52:48.000 --> 52:51.000]  Notice of removal and federal.
[52:51.000 --> 52:54.000]  Okay, so I already got the motion to dismiss case for violation of due process.
[52:54.000 --> 52:59.000]  I also have to do the notice for removal and the federal lawsuit, you said?
[52:59.000 --> 53:02.000]  Yes, and the notice of removal just says,
[53:02.000 --> 53:07.000]  hereby give notice that this case is removed to the federal court to case number.
[53:07.000 --> 53:10.000]  Whatever the case number that you, when you file it with the Fed,
[53:10.000 --> 53:15.000]  they'll give you a number and you notice that it's removed to that number.
[53:15.000 --> 53:19.000]  Okay, and at the top of the document here it says cause number.
[53:19.000 --> 53:21.000]  Is that the same as the case number?
[53:21.000 --> 53:22.000]  Yeah, that's the case number.
[53:22.000 --> 53:26.000]  Sometimes they call it case, sometimes they call it cause.
[53:26.000 --> 53:28.000]  All right, so it's almost a virtual certainty
[53:28.000 --> 53:30.000]  that there's going to be a warrant issued for my arrest
[53:30.000 --> 53:33.000]  because they're not going to get this until after,
[53:33.000 --> 53:36.000]  but you said that's not a big deal, there's nothing to worry about.
[53:36.000 --> 53:37.000]  Yeah, it's not a big deal.
[53:37.000 --> 53:38.000]  They won't come to Pennsylvania.
[53:38.000 --> 53:45.000]  You can move to dismiss any warrant that may or may not have been,
[53:45.000 --> 53:48.000]  once there's a removal.
[53:48.000 --> 53:52.000]  If there's a removal, almost certainly they won't.
[53:52.000 --> 53:56.000]  Legally they can't because their jurisdiction ceases.
[53:56.000 --> 53:58.000]  That's why we went this route.
[53:58.000 --> 54:01.000]  You're concerned about a warrant, so if we file a removal,
[54:01.000 --> 54:05.000]  then they have no power to issue a warrant.
[54:05.000 --> 54:06.000]  Okay, thank you.
[54:06.000 --> 54:08.000]  And just one final question.
[54:08.000 --> 54:12.000]  When I write on the envelope, the prosecutor in the state of Arizona,
[54:12.000 --> 54:15.000]  that's pretty straightforward, I can find that.
[54:15.000 --> 54:21.000]  No, call down to the municipal court, give them the case number,
[54:21.000 --> 54:25.000]  and ask them who the prosecutor is for this case.
[54:25.000 --> 54:26.000]  Yeah, I'll do that.
[54:26.000 --> 54:30.000]  And when I send this to the federal court in Pennsylvania,
[54:30.000 --> 54:33.000]  aside from writing federal court of Pennsylvania and then the address,
[54:33.000 --> 54:37.000]  should I write like attention, like APTN, someone specific?
[54:37.000 --> 54:39.000]  Who should that specific...
[54:39.000 --> 54:42.000]  I don't worry about any of that.
[54:42.000 --> 54:43.000]  Okay, okay.
[54:43.000 --> 54:44.000]  I'll just keep it simple.
[54:44.000 --> 54:45.000]  All right, thank you.
[54:45.000 --> 54:46.000]  And they will respond.
[54:46.000 --> 54:49.000]  And how long do you expect me to hear from them?
[54:49.000 --> 54:55.000]  Well, I would suggest that within, at least by the day of the hearing,
[54:55.000 --> 54:58.000]  call down, ask to talk to the prosecutor,
[54:58.000 --> 55:07.000]  and you may not get the prosecutor that you prosecuted in the case,
[55:07.000 --> 55:11.000]  but get any prosecutor and tell them that you filed a federal suit.
[55:11.000 --> 55:14.000]  You'd rather just make a deal and get this to go away.
[55:14.000 --> 55:15.000]  Right.
[55:15.000 --> 55:17.000]  So let them know that you're doing this,
[55:17.000 --> 55:20.000]  you want to make a deal and get rid of this case,
[55:20.000 --> 55:22.000]  and they will most likely be amenable to it
[55:22.000 --> 55:26.000]  because they don't want to have to write a response to the bed.
[55:26.000 --> 55:27.000]  All right, all right.
[55:27.000 --> 55:30.000]  I'll make sure that this is all in the mailbox.
[55:30.000 --> 55:33.000]  Honestly, I'll do it straight to the post office on Tuesday morning
[55:33.000 --> 55:36.000]  before the trial to make sure that they stamp it before then.
[55:36.000 --> 55:38.000]  I'll do it straight to the post office in person.
[55:38.000 --> 55:42.000]  So, like you said, when they post it, that's when it's official,
[55:42.000 --> 55:44.000]  even if the courts don't hear a toll about it afterwards.
[55:44.000 --> 55:45.000]  All right.
[55:45.000 --> 55:46.000]  Yes, yes.
[55:46.000 --> 55:50.000]  And you can tell the prosecutor that I have a motion to dismiss this in.
[55:50.000 --> 55:53.000]  I have a notice of removal and a federal lawsuit.
[55:53.000 --> 55:54.000]  They're in the mail.
[55:54.000 --> 55:57.000]  You should be getting them shortly.
[55:57.000 --> 56:00.000]  But when you get it, before you write an answer,
[56:00.000 --> 56:03.000]  let's talk about some kind of deal to make this thing go away
[56:03.000 --> 56:06.000]  so we don't have to go through all this fight.
[56:06.000 --> 56:08.000]  Okay, I will do that.
[56:08.000 --> 56:09.000]  Okay.
[56:09.000 --> 56:10.000]  Thank you, Randy.
[56:10.000 --> 56:12.000]  Good luck, Andrew.
[56:12.000 --> 56:15.000]  And good luck.
[56:15.000 --> 56:20.000]  Okay, now we're going to go to Stephanie in North Carolina.
[56:20.000 --> 56:21.000]  Hello, Stephanie.
[56:21.000 --> 56:22.000]  Hi, Randy.
[56:22.000 --> 56:24.000]  How are you doing today?
[56:24.000 --> 56:26.000]  I'm doing good.
[56:26.000 --> 56:27.000]  Great.
[56:27.000 --> 56:28.000]  Well, thank you.
[56:28.000 --> 56:29.000]  What do you have for us?
[56:29.000 --> 56:31.000]  Well, my friend Art told me to give you a call
[56:31.000 --> 56:34.000]  and said that you would be able to help a little bit.
[56:34.000 --> 56:37.000]  I'm the power of attorney for my parents,
[56:37.000 --> 56:41.000]  and they have three commercial notes,
[56:41.000 --> 56:43.000]  and their notes have been called.
[56:43.000 --> 56:45.000]  And the reason I'm calling today,
[56:45.000 --> 56:47.000]  we're actually at the end of all of it,
[56:47.000 --> 56:51.000]  but the basics of my most pressing matter is I have an attorney
[56:51.000 --> 56:53.000]  that's requested to withdraw
[56:53.000 --> 56:57.000]  because I've pointed out a lot of very suspicious activity,
[56:57.000 --> 56:59.000]  and so now he wants to withdraw.
[56:59.000 --> 57:04.000]  And then the foreclosed an attorney has filed a motion
[57:04.000 --> 57:06.000]  to amend orders, deporting referees,
[57:06.000 --> 57:10.000]  and I just kind of in over my head a little bit.
[57:10.000 --> 57:13.000]  Okay.
[57:13.000 --> 57:16.000]  What is your question on?
[57:16.000 --> 57:19.000]  There's a lot of questions that I want to ask you.
[57:19.000 --> 57:23.000]  I could probably spend all night framing this up.
[57:23.000 --> 57:25.000]  Do you want me to continue?
[57:25.000 --> 57:27.000]  What is the question you have first,
[57:27.000 --> 57:31.000]  and then we'll go back into some of this detail?
[57:31.000 --> 57:33.000]  Okay.
[57:33.000 --> 57:36.000]  Well, I would say that the question,
[57:36.000 --> 57:38.000]  the main thing that's happened is that over two years
[57:38.000 --> 57:40.000]  this has been going on,
[57:40.000 --> 57:42.000]  I've been pointing out things that aren't right,
[57:42.000 --> 57:44.000]  things that are not right with the, you know,
[57:44.000 --> 57:46.000]  with the process that's occurring,
[57:46.000 --> 57:48.000]  pointing stuff out to my father's attorney saying,
[57:48.000 --> 57:51.000]  hey, this isn't right, this is wrong, you know,
[57:51.000 --> 57:53.000]  doing the research on my own.
[57:53.000 --> 57:56.000]  And he just all along has kept blocking me
[57:56.000 --> 57:58.000]  and blocking me and blocking me.
[57:58.000 --> 58:01.000]  Well, all of a sudden, after I met Art,
[58:01.000 --> 58:03.000]  it really started coming together
[58:03.000 --> 58:05.000]  why all of this had come down
[58:05.000 --> 58:08.000]  and why the attorney had been blocking me the whole time
[58:08.000 --> 58:10.000]  and not, you know, representing my father
[58:10.000 --> 58:12.000]  to the fullest of, you know, his...
[58:12.000 --> 58:14.000]  Okay, okay, okay, hold on.
[58:14.000 --> 58:16.000]  We're about to go to break.
[58:16.000 --> 58:18.000]  We'll pick this up on the other side.
[58:18.000 --> 58:20.000]  But that's good because you're way down the road.
[58:20.000 --> 58:22.000]  There's a lot of stuff I won't have to explain.
[58:22.000 --> 58:24.000]  And when we come back,
[58:24.000 --> 58:27.000]  that lawyer is behind everywhere from Sunday.
[58:27.000 --> 58:30.000]  And whatever you do, don't let him withdraw.
[58:30.000 --> 58:33.000]  For you, this is a perfect scenario.
[58:33.000 --> 58:36.000]  Hang on, Randy Kelton, Rule of Law Radio.
[58:36.000 --> 58:40.000]  I call it number 512-646-1984.
[58:40.000 --> 58:42.000]  We'll be right back.
[58:50.000 --> 58:52.000]  Would you like to make more definite progress
[58:52.000 --> 58:54.000]  in your walk with God?
[58:54.000 --> 58:57.000]  Bibles for America is offering a free study Bible
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[59:08.000 --> 59:10.000]  and it contains thousands of footnotes
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[59:12.000 --> 59:14.000]  and to know the meaning of life.
[59:14.000 --> 59:16.000]  The free books are a three-volume set
[59:16.000 --> 59:18.000]  called Basic Elements of the Christian Life.
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[59:24.000 --> 59:26.000]  growing in Christ,
[59:26.000 --> 59:28.000]  and how to build up the church.
[59:28.000 --> 59:31.000]  To order your free New Testament Recovery Version
[59:31.000 --> 59:34.000]  and Basic Elements of the Christian Life,
[59:34.000 --> 59:41.000]  call Bibles for America toll free at 888-551-0102.
[59:41.000 --> 59:45.000]  That's 888-551-0102.
[59:45.000 --> 59:50.000]  Or visit us online at bfa.org.
[59:50.000 --> 01:00:00.000]  Live, free speech radio, logosradionetwork.com.
[01:00:00.000 --> 01:00:05.000]  The following news flash is brought to you by
[01:00:05.000 --> 01:00:07.000]  The Lone Star Lowdown,
[01:00:07.000 --> 01:00:10.000]  providing your daily quillitons for the commodities market.
[01:00:10.000 --> 01:00:14.000]  Today in history, news updates
[01:00:14.000 --> 01:00:23.000]  and the inside scoop into the tides of the alternatives.
[01:00:23.000 --> 01:00:25.000]  Markets for the 1st of October 2015
[01:00:25.000 --> 01:00:29.000]  opened up with gold at $1114.30 an ounce,
[01:00:29.000 --> 01:00:31.000]  silver at $14.54 an ounce,
[01:00:31.000 --> 01:00:34.000]  Texas crude at $45.09 a barrel,
[01:00:34.000 --> 01:00:44.000]  and Bitcoin is currently sitting at about $239 US currency.
[01:00:44.000 --> 01:00:48.000]  Today in history, Friday, October 1st, 1982,
[01:00:48.000 --> 01:00:50.000]  the Sony CDP-101,
[01:00:50.000 --> 01:00:53.000]  the world's first commercially released compact disc player,
[01:00:53.000 --> 01:00:56.000]  is released in Japan for 168,000 yen,
[01:00:56.000 --> 01:01:00.000]  roughly $730 US dollars in 1982.
[01:01:00.000 --> 01:01:05.000]  In recent news,
[01:01:05.000 --> 01:01:10.000]  the weather forecasting system that initially predicted Hurricane Joaquin would hit the East Coast
[01:01:10.000 --> 01:01:13.000]  is now saying it would most likely stay over the Atlantic Ocean.
[01:01:13.000 --> 01:01:17.000]  The hurricane has, however, been upgraded to a Category 4 storm,
[01:01:17.000 --> 01:01:21.000]  meaning sustained winds of at least 130 mph as it hit the Bahamas.
[01:01:21.000 --> 01:01:24.000]  The storm is expected to stay in the Caribbean until at least Friday morning,
[01:01:24.000 --> 01:01:26.000]  and though it appears to be headed out to sea,
[01:01:26.000 --> 01:01:31.000]  silver servants warned East Coast residents not to let their guard down just yet.
[01:01:36.000 --> 01:01:40.000]  English and Welsh smokers will be fined £50, which is roughly around $75,
[01:01:40.000 --> 01:01:43.000]  if they are caught violating a new law which aims to protect children
[01:01:43.000 --> 01:01:45.000]  when they are riding in the car with them.
[01:01:45.000 --> 01:01:49.000]  It's all part of a tough anti-secondhand smoke measure that went into effect today,
[01:01:49.000 --> 01:01:51.000]  in which the driver faces the same fine,
[01:01:51.000 --> 01:01:55.000]  even if he or she wasn't the one smoking with the children inside of the vehicle.
[01:01:55.000 --> 01:01:58.000]  The law would apply even if windows or the sunroof are open,
[01:01:58.000 --> 01:02:01.000]  but won't apply to people in top-down convertibles.
[01:02:01.000 --> 01:02:04.000]  The popular e-cigs are also exempt from the new regulation.
[01:02:04.000 --> 01:02:08.000]  Within the next year, Scottish lawmakers are expected to debate a similar measure,
[01:02:08.000 --> 01:02:12.000]  while in Northern Ireland, civil regulators said they want to see the results of all this
[01:02:12.000 --> 01:02:15.000]  before taking any measures themselves.
[01:02:19.000 --> 01:02:23.000]  A projected million unmanned aircraft systems, or drones as they were commonly known,
[01:02:23.000 --> 01:02:26.000]  will be given away as presents over the holiday season this year,
[01:02:26.000 --> 01:02:30.000]  according to what a Federal Aviation Administration official stated in a recent conference
[01:02:30.000 --> 01:02:32.000]  noted by Aviation Week.
[01:02:32.000 --> 01:02:35.000]  If you plan on getting a drone for yourself or family member,
[01:02:35.000 --> 01:02:58.000]  please share the basic guidelines on the FAA web page.
[01:03:05.000 --> 01:03:12.000]  It's all according to the will of the Almighty.
[01:03:12.000 --> 01:03:14.000]  I read his book and it says,
[01:03:14.000 --> 01:03:19.000]  I care not for the unsightly.
[01:03:19.000 --> 01:03:29.000]  These warmongers come by that term rightly.
[01:03:29.000 --> 01:03:37.000]  Okay, we are back. Randy Kelton, Radio, and we're talking to Stephanie in North Carolina.
[01:03:37.000 --> 01:03:39.000]  Okay, Stephanie.
[01:03:39.000 --> 01:03:40.000]  Yes, sir.
[01:03:40.000 --> 01:03:45.000]  As to a lawyer withdrawing,
[01:03:45.000 --> 01:03:49.000]  lawyers tend to do this.
[01:03:49.000 --> 01:03:52.000]  They take your money,
[01:03:52.000 --> 01:03:55.000]  agree to adjudicate your case,
[01:03:55.000 --> 01:04:00.000]  and then they do what they are comfortable with.
[01:04:00.000 --> 01:04:05.000]  They do what they've done a lot of times.
[01:04:05.000 --> 01:04:10.000]  Because the biggest fear a lawyer has is sanctions.
[01:04:10.000 --> 01:04:15.000]  You can file a pleading yourself and make a mistake.
[01:04:15.000 --> 01:04:18.000]  A lawyer cannot. He's learning counsel.
[01:04:18.000 --> 01:04:24.000]  I had a friend who knew a guy who was a foreclosure lawyer.
[01:04:24.000 --> 01:04:27.000]  He just talked to him and the guy was distraught.
[01:04:27.000 --> 01:04:31.000]  He had missed something relatively minor,
[01:04:31.000 --> 01:04:37.000]  but that was a standard required part of the pleading.
[01:04:37.000 --> 01:04:40.000]  And the lawyer was distraught.
[01:04:40.000 --> 01:04:44.000]  He didn't know which one was going to ruin his practice,
[01:04:44.000 --> 01:04:48.000]  the judge or his own client.
[01:04:48.000 --> 01:04:54.000]  So judges are terrified of filing a motion and arguing an issue
[01:04:54.000 --> 01:04:57.000]  that's already been adjudicated.
[01:04:57.000 --> 01:05:04.000]  Or filing a motion and making a mistake in their legal claims.
[01:05:04.000 --> 01:05:07.000]  Just about anything that the lawyer does that's wrong,
[01:05:07.000 --> 01:05:10.000]  the judge can sanction them.
[01:05:10.000 --> 01:05:12.000]  But in the real world,
[01:05:12.000 --> 01:05:15.000]  a judge is not going to sanction a lawyer
[01:05:15.000 --> 01:05:18.000]  unless the lawyer does something really egregious.
[01:05:18.000 --> 01:05:20.000]  Because they're all lawyers.
[01:05:20.000 --> 01:05:23.000]  They're all part of the same fraternity.
[01:05:23.000 --> 01:05:26.000]  And they tend not to beat each other up too much.
[01:05:26.000 --> 01:05:36.000]  However, the only time lawyers hear about everybody who gets sanctions,
[01:05:36.000 --> 01:05:40.000]  what they don't realize is it's like traffic tickets.
[01:05:40.000 --> 01:05:44.000]  I mean, we all violate traffic laws every day.
[01:05:44.000 --> 01:05:47.000]  You can hardly drive on the streets without violating traffic laws.
[01:05:47.000 --> 01:05:50.000]  But we get a ticket once every year or two.
[01:05:50.000 --> 01:05:53.000]  Lawyers post shenanigans all the time.
[01:05:53.000 --> 01:05:56.000]  Every once in a while a judge will issue sanctions
[01:05:56.000 --> 01:05:59.000]  because the lawyer really upsets the judge.
[01:05:59.000 --> 01:06:02.000]  But the lawyer is going to claim he didn't do anything.
[01:06:02.000 --> 01:06:05.000]  He was innocent, driven snow.
[01:06:05.000 --> 01:06:14.000]  And so the lawyers get the idea that judges can sanction them on a whim.
[01:06:14.000 --> 01:06:17.000]  And they're right, they can.
[01:06:17.000 --> 01:06:20.000]  But they also get the idea that the judges will.
[01:06:20.000 --> 01:06:23.000]  And that's not really correct.
[01:06:23.000 --> 01:06:25.000]  However, they fear that.
[01:06:25.000 --> 01:06:30.000]  So when you come in and you ask them to do something that they haven't done before,
[01:06:30.000 --> 01:06:36.000]  they don't want to touch that with 10-foot pole.
[01:06:36.000 --> 01:06:46.000]  I hear a lot of people claiming that their lawyer has sold out to the other side.
[01:06:46.000 --> 01:06:53.000]  I somehow doubt that that's as common as people tend to think it is
[01:06:53.000 --> 01:06:57.000]  because that is so dangerous to the lawyer.
[01:06:57.000 --> 01:07:00.000]  That would put him out of business immediately.
[01:07:00.000 --> 01:07:04.000]  Most of the time it's just that the lawyer doesn't want to,
[01:07:04.000 --> 01:07:09.000]  one, he doesn't want to take on a large law firm and get them upset at him
[01:07:09.000 --> 01:07:13.000]  because large law firms, they have a lot of political clout.
[01:07:13.000 --> 01:07:16.000]  And yeah, the law firm could hurt his career.
[01:07:16.000 --> 01:07:20.000]  So lawyers are afraid of everything.
[01:07:20.000 --> 01:07:28.000]  So they're not going to want to do things that these big law firms get upset about.
[01:07:28.000 --> 01:07:32.000]  They also don't want to do anything that will annoy the judge
[01:07:32.000 --> 01:07:36.000]  because they feel like the judge can jerk their bar card on a whim.
[01:07:36.000 --> 01:07:38.000]  And yes, they can.
[01:07:38.000 --> 01:07:40.000]  They won't, for the most part, but they can.
[01:07:40.000 --> 01:07:43.000]  And that's what the lawyer is afraid of.
[01:07:43.000 --> 01:07:48.000]  So if you want your lawyer to actively adjudicate your case,
[01:07:48.000 --> 01:07:54.000]  you have to give your lawyer plausible deniability.
[01:07:54.000 --> 01:08:00.000]  And your lawyer asking to withdraw is perfect.
[01:08:00.000 --> 01:08:05.000]  You go in and file an objection to his withdrawal.
[01:08:05.000 --> 01:08:08.000]  It sets up an interesting scenario.
[01:08:08.000 --> 01:08:13.000]  I have a friend who was helping someone in a bankruptcy case,
[01:08:13.000 --> 01:08:21.000]  and her lawyer, because they were asking the lawyer to do things he wasn't used to doing,
[01:08:21.000 --> 01:08:22.000]  filed a motion to withdraw.
[01:08:22.000 --> 01:08:26.000]  Well, he did that after they filed a bar grievance against him.
[01:08:26.000 --> 01:08:28.000]  He was not happy with that.
[01:08:28.000 --> 01:08:31.000]  His own client grieved him.
[01:08:31.000 --> 01:08:33.000]  So he filed a motion to withdraw.
[01:08:33.000 --> 01:08:35.000]  She filed an objection.
[01:08:35.000 --> 01:08:38.000]  And when she filed the objection in the federal bankruptcy court,
[01:08:38.000 --> 01:08:43.000]  the federal bankruptcy clerks said, oh my goodness,
[01:08:43.000 --> 01:08:47.000]  I've never seen one of these before.
[01:08:47.000 --> 01:08:49.000]  They almost couldn't believe it.
[01:08:49.000 --> 01:08:54.000]  If a lawyer wants to withdraw, everybody just lets him.
[01:08:54.000 --> 01:08:58.000]  This lawyer is under contract to you.
[01:08:58.000 --> 01:09:03.000]  He agreed to adjudicate your case, and then he charged money, and he took the money.
[01:09:03.000 --> 01:09:06.000]  So that creates a contract.
[01:09:06.000 --> 01:09:13.000]  The interesting part is the Constitution forbids the government
[01:09:13.000 --> 01:09:18.000]  from interfering with the private contract.
[01:09:18.000 --> 01:09:26.000]  I was once prosecuted for it because a DPS officer knocked out one of my teeth.
[01:09:26.000 --> 01:09:27.000]  It's a long story.
[01:09:27.000 --> 01:09:32.000]  I won't go into all the details, but they prosecuted me to cover up what they did.
[01:09:32.000 --> 01:09:37.000]  And I went down for a hearing, and they appointed me counsel.
[01:09:37.000 --> 01:09:38.000]  I didn't ask them to.
[01:09:38.000 --> 01:09:40.000]  They wanted me to have an attorney.
[01:09:40.000 --> 01:09:42.000]  They said, Mr. Scott, do you have an attorney?
[01:09:42.000 --> 01:09:43.000]  No.
[01:09:43.000 --> 01:09:44.000]  Are you going to hire an attorney?
[01:09:44.000 --> 01:09:46.000]  No.
[01:09:46.000 --> 01:09:48.000]  Do you want me to appoint you counsel?
[01:09:48.000 --> 01:09:49.000]  I don't care what you do.
[01:09:49.000 --> 01:09:50.000]  Well, I'm going to appoint you counsel.
[01:09:50.000 --> 01:09:54.000]  Well, if you do, make sure you appoint one you really don't like.
[01:09:54.000 --> 01:09:57.000]  When she appointed me counsel, the first thing he did was sit down in the office
[01:09:57.000 --> 01:10:01.000]  and start telling me that this is how things are going to go,
[01:10:01.000 --> 01:10:02.000]  and I let him run on for a few minutes.
[01:10:02.000 --> 01:10:03.000]  I said, no.
[01:10:03.000 --> 01:10:04.000]  No, no, no.
[01:10:04.000 --> 01:10:05.000]  That's not how it's going to go.
[01:10:05.000 --> 01:10:07.000]  Well, then just how is it going to go then?
[01:10:07.000 --> 01:10:13.000]  I said, you're going to go to the judge and ask the judge to remove you from this case.
[01:10:13.000 --> 01:10:17.000]  And I'm going to go to the judge and tell the judge, don't you dare remove him from this case.
[01:10:17.000 --> 01:10:20.000]  He's my counsel of choice, and we're under contract.
[01:10:20.000 --> 01:10:23.000]  And the lawyer said, well, Mr. Scott, I'm not under contract with you.
[01:10:23.000 --> 01:10:24.000]  I'm under contract with the states.
[01:10:24.000 --> 01:10:25.000]  Yes, you are.
[01:10:25.000 --> 01:10:30.000]  But I'm the intended third-party beneficiary, and I am standing to address the contract.
[01:10:30.000 --> 01:10:34.000]  And the judge is then going to remove you from the case.
[01:10:34.000 --> 01:10:35.000]  And he said, yes, he will.
[01:10:35.000 --> 01:10:39.000]  Then I get to sue the judge for interfering with the private contract.
[01:10:39.000 --> 01:10:44.000]  And the lawyer sat back in his seat, and it was clear what was in his eyes.
[01:10:44.000 --> 01:10:47.000]  He's going to get me disbarred.
[01:10:47.000 --> 01:10:51.000]  I bet he told me 20 times in that case if he told me once.
[01:10:51.000 --> 01:10:55.000]  You're going to get me disbarred.
[01:10:55.000 --> 01:10:57.000]  We won the case.
[01:10:57.000 --> 01:11:03.000]  Probably the only criminal case the lawyer ever won.
[01:11:03.000 --> 01:11:04.000]  Okay.
[01:11:04.000 --> 01:11:11.000]  When you go to court, think of it as a four-sided chessboard.
[01:11:11.000 --> 01:11:16.000]  Four-sided chess is all about relationships.
[01:11:16.000 --> 01:11:19.000]  Two or three have to gang up on one to get that one out.
[01:11:19.000 --> 01:11:24.000]  Then what's left, they gang up on each other to get another one out.
[01:11:24.000 --> 01:11:32.000]  But in an action of this nature, you're sitting at one side of the board.
[01:11:32.000 --> 01:11:35.000]  To your right is your counsel.
[01:11:35.000 --> 01:11:39.000]  To your left is opposing counsel, and across from you is the judge.
[01:11:39.000 --> 01:11:43.000]  The other litigant, he doesn't matter because he's representing the counsel.
[01:11:43.000 --> 01:11:45.000]  It's all about relationships.
[01:11:45.000 --> 01:11:47.000]  You have a relationship with your lawyer.
[01:11:47.000 --> 01:11:50.000]  The lawyer has a relationship with opposing counsel.
[01:11:50.000 --> 01:11:52.000]  They see each other all the time.
[01:11:52.000 --> 01:11:56.000]  Sometimes they work together, sometimes they oppose each other.
[01:11:56.000 --> 01:12:00.000]  The judge, he has a relationship with both of them.
[01:12:00.000 --> 01:12:03.000]  You're the odd one out.
[01:12:03.000 --> 01:12:08.000]  If you don't find a way to change these relationships, you're going to lose.
[01:12:08.000 --> 01:12:17.000]  The way to change the relationship is use those relationships that the lawyer has
[01:12:17.000 --> 01:12:23.000]  with the judge and the attorney on the other side to your advantage.
[01:12:23.000 --> 01:12:29.000]  When a lawyer goes before the court and says, Your Honor, I argue this, I argue that,
[01:12:29.000 --> 01:12:34.000]  I argue the other, this is the lawyer arguing his issues.
[01:12:34.000 --> 01:12:41.000]  But when the lawyer goes before the court and says, Your Honor, my client says this,
[01:12:41.000 --> 01:12:47.000]  that's a signal to the judge that don't get mad at me.
[01:12:47.000 --> 01:12:49.000]  I'm not doing this on purpose.
[01:12:49.000 --> 01:12:54.000]  My client made me do it.
[01:12:54.000 --> 01:13:02.000]  That's signaling the judge to consider the relationships that we have.
[01:13:02.000 --> 01:13:06.000]  I'm going to ask you before you do anything to consider the relationships.
[01:13:06.000 --> 01:13:13.000]  What's going to happen if you stick your boot right up your lawyer's behind
[01:13:13.000 --> 01:13:22.000]  and put him in a position so that he understands who the most dangerous person in the courtroom is.
[01:13:22.000 --> 01:13:30.000]  Now, as far as you're concerned, the most dangerous person in the courtroom for you is your attorney.
[01:13:30.000 --> 01:13:33.000]  He can throw you under the bus.
[01:13:33.000 --> 01:13:36.000]  He can wave all of your rights.
[01:13:36.000 --> 01:13:39.000]  He can screw you big time.
[01:13:39.000 --> 01:13:40.000]  He's already done that.
[01:13:40.000 --> 01:13:42.000]  So that's kind of where we're at.
[01:13:42.000 --> 01:13:44.000]  So now I called him out.
[01:13:44.000 --> 01:13:46.000]  It's real bad.
[01:13:46.000 --> 01:13:51.000]  Now the lawyer needs to understand as far as he's concerned,
[01:13:51.000 --> 01:13:54.000]  you are the most dangerous person in the courtroom.
[01:13:54.000 --> 01:13:56.000]  He thinks the judge is.
[01:13:56.000 --> 01:13:58.000]  Oh, no.
[01:13:58.000 --> 01:14:02.000]  The judge for the most part knows you're the most dangerous person in the courtroom.
[01:14:02.000 --> 01:14:05.000]  But the lawyers don't.
[01:14:05.000 --> 01:14:11.000]  So if your lawyer is moving to withdraw, you should file an objection to the withdrawal.
[01:14:11.000 --> 01:14:14.000]  This is what happened in this bankruptcy case.
[01:14:14.000 --> 01:14:16.000]  They got in court.
[01:14:16.000 --> 01:14:20.000]  The lawyer pled his side.
[01:14:20.000 --> 01:14:24.000]  The client got up on the stand and said, Your Honor, I object to his withdrawal.
[01:14:24.000 --> 01:14:26.000]  He is under contract.
[01:14:26.000 --> 01:14:31.000]  And the judge, well, if you two can't get along, why do you want him?
[01:14:31.000 --> 01:14:33.000]  Because I paid him.
[01:14:33.000 --> 01:14:35.000]  That's why he's got my money.
[01:14:35.000 --> 01:14:39.000]  I paid him to do this job, but he just doesn't want to do his job.
[01:14:39.000 --> 01:14:41.000]  Well, I want him to do his job.
[01:14:41.000 --> 01:14:44.000]  And the lawyer said, Well, Your Honor, she bargained me.
[01:14:44.000 --> 01:14:45.000]  Did you bargain him?
[01:14:45.000 --> 01:14:46.000]  Yes, I did.
[01:14:46.000 --> 01:14:49.000]  And I'll do it again, too.
[01:14:49.000 --> 01:14:50.000]  OK.
[01:14:50.000 --> 01:14:55.000]  What she was doing was giving her lawyer possible connivability.
[01:14:55.000 --> 01:15:09.000]  Now the lawyer can come back and adjudicate issues he's not comfortable with and have far less fear of getting sanctioned
[01:15:09.000 --> 01:15:19.000]  because he can take these relationships he has with the opposing counsel and the judge and use it to your benefit.
[01:15:19.000 --> 01:15:24.000]  You guys got to help me out because I have a client I can't control.
[01:15:24.000 --> 01:15:25.000]  OK.
[01:15:25.000 --> 01:15:26.000]  I won't waste any more time on that.
[01:15:26.000 --> 01:15:29.000]  Now I want to get back to you, to your details.
[01:15:29.000 --> 01:15:30.000]  OK.
[01:15:30.000 --> 01:15:39.000]  So the next, one of the big reasons I think he does not want to withdraw or he wants to withdraw right away is because during all my investigation,
[01:15:39.000 --> 01:15:42.000]  I basically had to go copy the whole court file to find this stuff out.
[01:15:42.000 --> 01:15:47.000]  But a judge had denied the motion to originally put the firms into receivership.
[01:15:47.000 --> 01:15:57.000]  And so two months later, the bank's attorney and my father's attorney came up with a forbearance agreement that basically my father was told,
[01:15:57.000 --> 01:16:01.000]  this is what you signed, this will protect you, this will get you money, blah, blah, blah.
[01:16:01.000 --> 01:16:02.000]  It didn't get him money.
[01:16:02.000 --> 01:16:07.000]  It put him into receivership and then enabled the receiver to put him into foreclosure.
[01:16:07.000 --> 01:16:17.000]  So the receiver... So he's asking your father to bankrupt whatever the commercial entity is.
[01:16:17.000 --> 01:16:20.000]  Yeah, three of them and himself, yes.
[01:16:20.000 --> 01:16:22.000]  Oh, well, good luck on that.
[01:16:22.000 --> 01:16:23.000]  OK.
[01:16:23.000 --> 01:16:26.000]  Well, we're about to go to another break and we'll come back from the other break.
[01:16:26.000 --> 01:16:34.000]  I'd like to get a little bit of background so we can frame the circumstances.
[01:16:34.000 --> 01:16:40.000]  As far as foreclosure type things, there is a lot you can do.
[01:16:40.000 --> 01:16:48.000]  But I'm going to suggest that you might want to take a different perspective than people normally have on foreclosure.
[01:16:48.000 --> 01:16:50.000]  It has to do with fighting.
[01:16:50.000 --> 01:16:52.000]  We'll talk about that when we come back.
[01:16:52.000 --> 01:16:54.000]  We're going to look out for a radio.
[01:16:54.000 --> 01:16:57.000]  I'll call it number 512-646-1984.
[01:16:57.000 --> 01:17:00.000]  We'll be right back.
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[01:19:12.000 --> 01:19:28.000]  Okay, we are back.
[01:19:28.000 --> 01:19:33.000]  Randy Kelp, Rule of Law Radio, and we're talking to Stephanie in North Carolina.
[01:19:33.000 --> 01:19:38.000]  And I would like to ask some preliminary questions.
[01:19:38.000 --> 01:19:44.000]  On these three notes, how old are they?
[01:19:44.000 --> 01:19:50.000]  One was in 1998, one was in 2005, and one is 2002.
[01:19:50.000 --> 01:19:53.000]  Okay, so they're all relatively old notes.
[01:19:53.000 --> 01:19:57.000]  They all most likely have a lot of equity in them.
[01:19:57.000 --> 01:19:58.000]  Yes, sir.
[01:19:58.000 --> 01:20:05.000]  Okay, that gives the other side a reason to want to swallow the collateral.
[01:20:05.000 --> 01:20:08.000]  Okay.
[01:20:08.000 --> 01:20:14.000]  Who is the original lender on the security instrument?
[01:20:14.000 --> 01:20:16.000]  Are they all the same lender?
[01:20:16.000 --> 01:20:17.000]  No, sir.
[01:20:17.000 --> 01:20:21.000]  The first bank was bought out.
[01:20:21.000 --> 01:20:30.000]  First Trust Bank of Charlotte was bought out by Bank of North Carolina, and immediately thereafter they called the note.
[01:20:30.000 --> 01:20:33.000]  Under what circumstance did they call the note?
[01:20:33.000 --> 01:20:36.000]  Was it in default?
[01:20:36.000 --> 01:20:38.000]  No, it was not in default.
[01:20:38.000 --> 01:20:39.000]  Their term was up.
[01:20:39.000 --> 01:20:47.000]  The bank had given them a one-year extension, and then the new bank bought it, and then the new bank called the note.
[01:20:47.000 --> 01:20:48.000]  Oh, okay.
[01:20:48.000 --> 01:20:55.000]  They were basically trying to make them refi in the middle of a crisis, a financial crisis, and they couldn't do it.
[01:20:55.000 --> 01:21:09.000]  Okay. Is there a filing transferring the security instrument from the original company to the – okay, back up.
[01:21:09.000 --> 01:21:19.000]  The original company, did it merge with the company that bought it, or did that company cease to exist?
[01:21:19.000 --> 01:21:22.000]  That company ceased to exist.
[01:21:22.000 --> 01:21:25.000]  Oh, goody. That's what I was hoping I would hear.
[01:21:25.000 --> 01:21:39.000]  Is there a filing in the public record by the original company transferring the security instrument to the purchasing company prior to the time the original company went out of business?
[01:21:39.000 --> 01:21:45.000]  No, actually it's not.
[01:21:45.000 --> 01:21:49.000]  Okay.
[01:21:49.000 --> 01:21:52.000]  So that's the first issue that I expected to find.
[01:21:52.000 --> 01:21:54.000]  You find that all the time.
[01:21:54.000 --> 01:22:00.000]  Who is claiming to be the servicer of the note?
[01:22:00.000 --> 01:22:02.000]  Bank of North Carolina.
[01:22:02.000 --> 01:22:10.000]  So it's the same bank that claims to have purchased the original vendor?
[01:22:10.000 --> 01:22:16.000]  Right. They did put a substitute trustee into place.
[01:22:16.000 --> 01:22:30.000]  To your knowledge, have there been any changes in the beneficial interest of the note itself?
[01:22:30.000 --> 01:22:36.000]  I'm talking about securitization.
[01:22:36.000 --> 01:22:40.000]  I don't know that there's any change in it.
[01:22:40.000 --> 01:22:44.000]  Most of these notes were put into trusts.
[01:22:44.000 --> 01:22:47.000]  So it's very common for these to put into trusts.
[01:22:47.000 --> 01:23:11.000]  I guess I should ask the commercial enterprises, are these properties that have been purchased for like rent until their lease, or is it a business that does something else and uses these properties in the business?
[01:23:11.000 --> 01:23:15.000]  All the spaces in commercial mini-storages.
[01:23:15.000 --> 01:23:17.000]  So rental space.
[01:23:17.000 --> 01:23:24.000]  Okay. So it's kind of your standard income real estate?
[01:23:24.000 --> 01:23:25.000]  Right. Yes, sir.
[01:23:25.000 --> 01:23:34.000]  Okay. A lot of questions. Before I could really frame this out well, I would need to see...
[01:23:34.000 --> 01:23:39.000]  Do you have the original loan documents?
[01:23:39.000 --> 01:23:44.000]  Yes, sir. I don't have them in Burme, but I do have everything.
[01:23:44.000 --> 01:23:47.000]  You have everything. Wonderful.
[01:23:47.000 --> 01:23:54.000]  In order for me to give you a better assessment, especially with three notes, it would take more time than I can do here.
[01:23:54.000 --> 01:24:02.000]  But I've helped a whole lot of people file federal lawsuits to stop these guys, and they wind up where you are.
[01:24:02.000 --> 01:24:09.000]  They fight these guys for a long time, and eventually the courts will rule against you.
[01:24:09.000 --> 01:24:17.000]  Unfortunately, in the real world we live in, you will not win your case simply because you have the law and the facts on your side.
[01:24:17.000 --> 01:24:25.000]  To think so is naive. It is not that way now. It never has been that way since we've had judges.
[01:24:25.000 --> 01:24:37.000]  In spite of all of the rhetoric you hear in high school about what a great and wonderful country operating under the rule of law we have that is simply not true.
[01:24:37.000 --> 01:24:42.000]  You will win your case if you have the politics on your side.
[01:24:42.000 --> 01:24:55.000]  When I look at these, I used to look at it in terms of rule of law, and everybody lost. It took us a while to realize it's really about the politics.
[01:24:55.000 --> 01:25:05.000]  How do we change the politics? For the most part, the real estate issue is the politics goes to the money.
[01:25:05.000 --> 01:25:12.000]  You have already cost the bank a lot of money in fighting them.
[01:25:12.000 --> 01:25:21.000]  If you come up with some really good arguments, really good claims, you have a good shot at costing them a whole lot more money.
[01:25:21.000 --> 01:25:34.000]  Right now you're in a position that your lawyer has apparently done all he wants to do, and now he wants to find a way out of this.
[01:25:34.000 --> 01:25:37.000]  Because it gets better. I've got something else to tell you.
[01:25:37.000 --> 01:25:46.000]  Okay. I'm going to shut up and let you frame. You tell me what your situation is.
[01:25:46.000 --> 01:25:58.000]  In addition, other things I found out while the attorney really wants out, the substitute trustee and the foreclosure attorney were the same person.
[01:25:58.000 --> 01:26:02.000]  That's okay. They can do that.
[01:26:02.000 --> 01:26:08.000]  Okay. Then the receiver that they appointed in the forbearance agreement, because they were just, you know, sign all this.
[01:26:08.000 --> 01:26:14.000]  My dad's attorney just said, sign everything. Everything's going to be fine. My father believed him.
[01:26:14.000 --> 01:26:21.000]  Wait a minute. I'm getting horrible distortion. Can you move the mic a little further away from your mouth?
[01:26:21.000 --> 01:26:23.000]  Yes, sir. Is that better?
[01:26:23.000 --> 01:26:25.000]  That's better, yes.
[01:26:25.000 --> 01:26:34.000]  Okay. So my father's attorney told him to sign this forbearance agreement, and this will help you. This is going to get it all going and through, and everything will be good.
[01:26:34.000 --> 01:26:40.000]  So in this document, it appoints a receiver who is not an attorney, but a real estate agent.
[01:26:40.000 --> 01:26:52.000]  And right after he filed to, you know, be appointed over the receiver, two days later he filed Secretary of State document to form a new LLC.
[01:26:52.000 --> 01:27:04.000]  With that LLC, he basically was self-dealing about $87,000 out of the firms into his own LLC for receivership fees, which he can't do.
[01:27:04.000 --> 01:27:14.000]  He's only entitled to 5%. So when I called that, they said, well, no, it's a management fee, but everything clearly says receivership fee.
[01:27:14.000 --> 01:27:16.000]  So they're blocking me on that.
[01:27:16.000 --> 01:27:32.000]  Okay. On the surface, this sounds like a claim of embezzlement, but this part's really technical, so it would take a lot to get this one sorted out.
[01:27:32.000 --> 01:27:33.000]  Right, yes.
[01:27:33.000 --> 01:27:34.000]  Okay. Go ahead.
[01:27:34.000 --> 01:27:40.000]  The good news about the receiver is he was supposed to file a $500 bond, but he didn't. He only filed a $100 bond.
[01:27:40.000 --> 01:27:49.000]  And so in, you know, where he, the consent order technically could get, have some issues there because he didn't perform all the way.
[01:27:49.000 --> 01:27:54.000]  You didn't, did you bring this up to them?
[01:27:54.000 --> 01:27:56.000]  Yes, sir.
[01:27:56.000 --> 01:28:11.000]  Take the phone and beat yourself around the eyes and the ears. Okay. In law, as opposed to in the real world, Bushwack's the name of the game.
[01:28:11.000 --> 01:28:16.000]  The rule is never give them a fair warning.
[01:28:16.000 --> 01:28:25.000]  When I find guys doing things wrong, I tend to jump up and down and clap my hands and keep my mouth shut.
[01:28:25.000 --> 01:28:33.000]  The first thing I want to do is look at that and think, how can I use this to gain leverage?
[01:28:33.000 --> 01:28:40.000]  And when would be the most devastating time to drop this on them?
[01:28:40.000 --> 01:28:55.000]  Now, in the real world, Bushwack is considered improper. You're in North Carolina, so it would not be considered genteel.
[01:28:55.000 --> 01:29:00.000]  But this is not the real world. This is the legal world.
[01:29:00.000 --> 01:29:10.000]  And in the legal world, the rule is never interfere with somebody when they're screwing up and certainly don't give them fair warning.
[01:29:10.000 --> 01:29:21.000]  So if he had an insufficient bond, hope that he doesn't fix it.
[01:29:21.000 --> 01:29:28.000]  In the end, the courts are going to rule against you out of hand at every turn.
[01:29:28.000 --> 01:29:36.000]  Okay, maybe they won't, but you have to conduct yourself as if they will.
[01:29:36.000 --> 01:29:44.000]  So your only purpose in the trial court, set the record for appeal.
[01:29:44.000 --> 01:29:53.000]  Once you kind of get that down, in the trial courts where all the facts are put before the court, you don't want them to put facts before the court that'll hurt your case.
[01:29:53.000 --> 01:30:01.000]  Hang on. We'll be right back. We'll pick this up on the other side.
[01:30:01.000 --> 01:30:07.000]  The forests of Transylvania, the old hunting grounds of Dracula himself, are under threat.
[01:30:07.000 --> 01:30:11.000]  But now a blue-blooded descendant of Count Dracula is stepping up to save them.
[01:30:11.000 --> 01:30:16.000]  I'm Dr. Catherine Albrecht, and I'll tell you who it is in a moment.
[01:30:16.000 --> 01:30:21.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:21.000 --> 01:30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.000 --> 01:30:31.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.000 --> 01:30:34.000]  Privacy, it's worth hanging on to.
[01:30:34.000 --> 01:30:41.000]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
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[01:30:44.000 --> 01:30:47.000]  I want to cut your trees.
[01:30:47.000 --> 01:30:53.000]  Transylvania, where the real Count Dracula once lived, is home to two-thirds of Europe's last virgin forests.
[01:30:53.000 --> 01:30:58.000]  But now that Romania has joined the EU, they're under threat from loggers and developers.
[01:30:58.000 --> 01:31:04.000]  Now a relative of Dracula, also known as Prince Vlad the Impaler, wants to save this wilderness.
[01:31:04.000 --> 01:31:07.000]  As it happens, he's a prince himself. Need a clue?
[01:31:07.000 --> 01:31:11.000]  He lives in England, where nearly all of their forests are gone.
[01:31:11.000 --> 01:31:17.000]  Yes, it's Prince Charles. He's directly descended from Dracula through his great-grandmother, Queen Mary.
[01:31:17.000 --> 01:31:21.000]  Prince Charles, related by blood to Dracula? Mwa ha ha.
[01:31:21.000 --> 01:31:26.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:31.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:43.000]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:49.000]  And thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:51.000]  I'm not a conspiracy theorist. I'm a structural engineer.
[01:31:51.000 --> 01:31:54.000]  I'm a New York City correction officer. I'm an Air Force pilot.
[01:31:54.000 --> 01:31:58.000]  I'm a father who lost his son. We're Americans, and we deserve the truth.
[01:31:58.000 --> 01:32:08.000]  Go to RememberBuilding7.org today.
[01:32:29.000 --> 01:32:39.000]  To handle your claim and your roof right the first time, just call 512-992-8745 or go to hillcountryhomeimprovements.com.
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[01:32:57.000 --> 01:32:59.000]  Discounts are based on full roof replacement.
[01:32:59.000 --> 01:33:03.000]  May not actually be kidding about chemtrails.
[01:33:03.000 --> 01:33:31.000]  Looking for some truth? You found it. LogosRadioNetwork.com.
[01:33:34.000 --> 01:33:42.000]  Okay, we are back. Randy Kelton with Logos Radio and we're talking to Stephanie in North Carolina.
[01:33:42.000 --> 01:33:48.000]  I'm going to a different way of thinking about this.
[01:33:48.000 --> 01:33:54.000]  It took a long time of getting beat up in court to kind of get this part figured out.
[01:33:54.000 --> 01:34:05.000]  It's all about the money, and it's all about how much money you can appear to be prepared to cost the other side.
[01:34:05.000 --> 01:34:19.000]  And so when I look at arguments and issues, I look at arguments and issues that would be difficult to adjudicate rather than simply whether I'm right or wrong.
[01:34:19.000 --> 01:34:26.000]  It's right or wrong in the end. It's not likely to get you to your outcome.
[01:34:26.000 --> 01:34:35.000]  So before I go any further, I should ask, what is it you are trying to achieve?
[01:34:35.000 --> 01:34:37.000]  Well, there's two things I'd like to achieve.
[01:34:37.000 --> 01:34:43.000]  One, I would like to be able to get my parents the retirement that those businesses would have enabled them to have.
[01:34:43.000 --> 01:34:50.000]  That matters because they don't have anything. This process has completely wiped them out.
[01:34:50.000 --> 01:34:51.000]  So that's number one.
[01:34:51.000 --> 01:34:55.000]  But number two is I don't want them to ever be able to do this again.
[01:34:55.000 --> 01:34:58.000]  I feel like what they've done is...
[01:34:58.000 --> 01:35:01.000]  Move the mic a little further away. You're distorting.
[01:35:01.000 --> 01:35:05.000]  Sorry. I feel like they've really manipulated the system with this case.
[01:35:05.000 --> 01:35:11.000]  And so I'd like to prevent them from doing this again to other people, small folks like us,
[01:35:11.000 --> 01:35:15.000]  and taking everything without just call.
[01:35:15.000 --> 01:35:18.000]  See, the thing is, too, a judge tried to stop this.
[01:35:18.000 --> 01:35:22.000]  And so what they did is they got it put down in the clerk of court's office.
[01:35:22.000 --> 01:35:27.000]  So a judge hasn't been reviewing anything.
[01:35:27.000 --> 01:35:36.000]  Okay. You're using pronouns. Tried to stop this. What does this refer to?
[01:35:36.000 --> 01:35:39.000]  Well, now they're trying to dismiss the case. They're trying to...
[01:35:39.000 --> 01:35:44.000]  They filed motions to close the case, to close everything in.
[01:35:44.000 --> 01:35:56.000]  Have you challenged the standing of this second bank to raise a claim against the property?
[01:35:56.000 --> 01:36:02.000]  No. Well, my father's attorney's handled everything up until a week ago, but not handled anything, really.
[01:36:02.000 --> 01:36:08.000]  Just kept me from raising claims louder than I was the him.
[01:36:08.000 --> 01:36:18.000]  Okay. This is with three properties this way. It's a long time in adjudicating it.
[01:36:18.000 --> 01:36:23.000]  I'm not sure what to tell you. I'd need more time to look at what is going on.
[01:36:23.000 --> 01:36:29.000]  What is it that you want now? What is it you want me to help you do?
[01:36:29.000 --> 01:36:34.000]  Well, I guess what I'd like to find out, I did file an affidavit of fact.
[01:36:34.000 --> 01:36:38.000]  They helped me with that and told me to tell you hello.
[01:36:38.000 --> 01:36:46.000]  And so I went ahead and got in power of attorney over my parents' estate so that I could stand up for them,
[01:36:46.000 --> 01:36:52.000]  because this has really, really put them into some serious medical situations and stuff.
[01:36:52.000 --> 01:36:56.000]  My father actually had a neurology letter from the doctor saying he can't testify.
[01:36:56.000 --> 01:36:59.000]  He's got some serious issues going on.
[01:36:59.000 --> 01:37:04.000]  And his attorneys just told him quit, you know, quit wine and you've got to deal with this.
[01:37:04.000 --> 01:37:08.000]  You know, this is what it is.
[01:37:08.000 --> 01:37:12.000]  And so I guess I'm just trying to find out, is this how it can be done?
[01:37:12.000 --> 01:37:18.000]  Can they come in and take your property and take everything and still basically $2 million worth of assets,
[01:37:18.000 --> 01:37:22.000]  take it all, plus they'll bill you another $60,000.
[01:37:22.000 --> 01:37:25.000]  Okay. $2 million in assets.
[01:37:25.000 --> 01:37:26.000]  Right.
[01:37:26.000 --> 01:37:29.000]  That's worth giving a good fight over.
[01:37:29.000 --> 01:37:35.000]  You need to look real close at what the bank has done.
[01:37:35.000 --> 01:37:41.000]  And it's just too long and involved to do it on the air.
[01:37:41.000 --> 01:37:48.000]  First place I would go is challenge subject matter jurisdiction.
[01:37:48.000 --> 01:37:55.000]  And maintain that this bank, you don't know who they are.
[01:37:55.000 --> 01:37:59.000]  You didn't enter into a contract with them.
[01:37:59.000 --> 01:38:02.000]  So you entered a contract with this other entity.
[01:38:02.000 --> 01:38:05.000]  I would need to look at North Carolina law.
[01:38:05.000 --> 01:38:14.000]  And what does North Carolina law say about claims against real property?
[01:38:14.000 --> 01:38:18.000]  Let me frame that question and that issue.
[01:38:18.000 --> 01:38:28.000]  In Texas, Texas property code 13.001 in every state I've looked at has a similar statute.
[01:38:28.000 --> 01:38:35.000]  It says any claim against real property not properly acknowledged or proven
[01:38:35.000 --> 01:38:40.000]  and filed in the public record is void as to the whole order.
[01:38:40.000 --> 01:38:51.000]  So where has this entity's claim against your property been filed in the court record?
[01:38:51.000 --> 01:38:54.000]  That's the first question.
[01:38:54.000 --> 01:39:03.000]  If they can't show that they filed the proper paperwork in order to perfect their claim,
[01:39:03.000 --> 01:39:05.000]  they don't have one.
[01:39:05.000 --> 01:39:10.000]  They may have a claim against your parents but not against the property.
[01:39:10.000 --> 01:39:21.000]  And as to receivership, you might consider bankrupting and claiming the property as unsecured.
[01:39:21.000 --> 01:39:28.000]  Now generally when I go to bankruptcy with someone, we do that at the last moment.
[01:39:28.000 --> 01:39:34.000]  When the constables are coming to the house to carry everything out of the house
[01:39:34.000 --> 01:39:37.000]  they file bankruptcy and that stops it.
[01:39:37.000 --> 01:39:49.000]  But where the lender is going to have a problem proving that the lender has abided by all of the reporting requirements,
[01:39:49.000 --> 01:39:57.000]  sometimes it's good to have a bankruptcy because in a bankruptcy you have a trustee.
[01:39:57.000 --> 01:40:08.000]  And the trustee is the trustee's duty to ensure that all of the assets are preserved for the creditors.
[01:40:08.000 --> 01:40:13.000]  So if someone comes and makes a claim against the assets,
[01:40:13.000 --> 01:40:20.000]  the trustee has an interest in being certain that they have a valid claim.
[01:40:20.000 --> 01:40:27.000]  And my parents wanted their attorney to file bankruptcy and he basically told them not to.
[01:40:27.000 --> 01:40:32.000]  And then in that forbearance agreement he had them sign, it basically said they will not.
[01:40:32.000 --> 01:40:35.000]  I mean it did, it clearly said we will not file bankruptcy.
[01:40:35.000 --> 01:40:39.000]  So he prevented them from filing bankruptcy and the property is long gone.
[01:40:39.000 --> 01:40:48.000]  A contract of that nature is most likely to be unconscionable.
[01:40:48.000 --> 01:40:50.000]  I'd have to see the context of it.
[01:40:50.000 --> 01:40:58.000]  Was that a condition of the issuing the original note?
[01:40:58.000 --> 01:40:59.000]  No.
[01:40:59.000 --> 01:41:06.000]  This is something the bank come up with after the judge denied their motion to initially appoint a receiver over the property.
[01:41:06.000 --> 01:41:18.000]  Okay, then you rescind the, what was given to your parents in return for their agreement not to file bankruptcy?
[01:41:18.000 --> 01:41:22.000]  Well, originally it was the promise that they would refinance everything.
[01:41:22.000 --> 01:41:25.000]  If you'll do this, we'll refinance and you'll be fine.
[01:41:25.000 --> 01:41:28.000]  Okay, so they didn't refinance.
[01:41:28.000 --> 01:41:29.000]  No, they didn't.
[01:41:29.000 --> 01:41:34.000]  So the promise to not file bankruptcy is gone.
[01:41:34.000 --> 01:41:37.000]  But I'm not saying we do that right now.
[01:41:37.000 --> 01:41:44.000]  First, we need to look at the legitimacy of their claim.
[01:41:44.000 --> 01:41:46.000]  This is always the bank's weakness.
[01:41:46.000 --> 01:41:54.000]  In the last 15 years or so, they really made a mess of the public records.
[01:41:54.000 --> 01:41:57.000]  And their biggest weakness is the public records.
[01:41:57.000 --> 01:42:10.000]  So you might want to consider bankruptcy if we have to get there because that gets you a trustee in the mix.
[01:42:10.000 --> 01:42:13.000]  The trustee now has a dog in this hunt.
[01:42:13.000 --> 01:42:18.000]  So you get a federal bankruptcy trustee on your side.
[01:42:18.000 --> 01:42:26.000]  Most of the cases we won, we won this way.
[01:42:26.000 --> 01:42:36.000]  We won it because the person filed a bankruptcy, they go into the bankruptcy court, they claim the property is unsecured.
[01:42:36.000 --> 01:42:45.000]  Now, if you tell this to your attorney, your attorney is going to say, well, you did, your parents did get a note against this property.
[01:42:45.000 --> 01:42:47.000]  You could say, yeah, they did.
[01:42:47.000 --> 01:42:50.000]  Not with these people.
[01:42:50.000 --> 01:42:52.000]  These people claim they can enforce a prior note.
[01:42:52.000 --> 01:43:03.000]  Hang on just a second.
[01:43:03.000 --> 01:43:06.000]  I seem to be having a voice issue today.
[01:43:06.000 --> 01:43:16.000]  This company claims that they have standing to enforce a contract you entered into with somebody else.
[01:43:16.000 --> 01:43:20.000]  Well, prove it.
[01:43:20.000 --> 01:43:30.000]  When someone makes a proactive statement of fact to the court, the proactive statement of fact is accepted as true.
[01:43:30.000 --> 01:43:37.000]  Unless it is disputed, wants to dispute it, and it needs to be disputed with facts.
[01:43:37.000 --> 01:43:48.000]  You can say, your honor, they claim, the plaintiff claims they have authority to enforce this contract.
[01:43:48.000 --> 01:43:51.000]  Well, I never entered into a contract with these people.
[01:43:51.000 --> 01:43:54.000]  I don't know who these people are.
[01:43:54.000 --> 01:43:58.000]  So now you've challenged their proactive statement of fact.
[01:43:58.000 --> 01:44:00.000]  Now they have to come back in.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
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[01:46:05.000 --> 01:46:33.000]  Thank you.
[01:46:33.000 --> 01:46:36.000]  Okay, we are back. Randy Kelton, rule of law radio.
[01:46:36.000 --> 01:46:40.000]  Apologize there at the end of this having a little throat issue.
[01:46:40.000 --> 01:46:43.000]  I think I've got that cleared out.
[01:46:43.000 --> 01:46:53.000]  Okay, Stephanie, one thing is when you've been in a fight for quite a while, there are a lot of facts.
[01:46:53.000 --> 01:46:59.000]  Have you written out a timeline or statement of facts, essentially?
[01:46:59.000 --> 01:47:07.000]  I have. I've actually filed at the courthouse, you know, into the file an affidavit of fact.
[01:47:07.000 --> 01:47:11.000]  And what did the affidavit of fact go to?
[01:47:11.000 --> 01:47:17.000]  What do you mean? Like what did it all apply to?
[01:47:17.000 --> 01:47:18.000]  Is that what you're asking me?
[01:47:18.000 --> 01:47:20.000]  Can we say that again?
[01:47:20.000 --> 01:47:24.000]  So you're asking me like what I filed it into, into the file?
[01:47:24.000 --> 01:47:29.000]  Well, what was the nature of the affidavit of fact?
[01:47:29.000 --> 01:47:34.000]  Well, so right before, we had a feeling that my dad's attorney was going to withdraw.
[01:47:34.000 --> 01:47:42.000]  And so I wanted to put, I went and got the power of attorney and put into the file that the defendants had been wrong.
[01:47:42.000 --> 01:47:51.000]  You know, I'm just trying to stop and get time so I can, now that I realize that my father's attorney cannot assist me any further or is not willing to,
[01:47:51.000 --> 01:47:55.000]  I need to stop and look at all the different options.
[01:47:55.000 --> 01:48:09.000]  I've heard that there could be a possible QTAM suit that I could join with or I'm just trying to get it stopped so I get enough time to get the right support staff because we have not had our best interests expressed.
[01:48:09.000 --> 01:48:10.000]  Okay.
[01:48:10.000 --> 01:48:11.000]  Thank you.
[01:48:11.000 --> 01:48:28.000]  And that I can help you with just from what you told me the first thing I would think to do is file a motion to dismiss based on lack of subject matter jurisdiction
[01:48:28.000 --> 01:48:40.000]  and claim that the petitioner has lacked standing to invoke the subject matter jurisdiction of the court.
[01:48:40.000 --> 01:48:42.000]  You didn't enter a contract with them.
[01:48:42.000 --> 01:48:44.000]  You don't know who they are.
[01:48:44.000 --> 01:48:59.000]  And if they don't have an assignment in the public record, then they haven't met the requirements of a perfected lien so they don't have an adjudicatable claim against the property.
[01:48:59.000 --> 01:49:06.000]  Now, they may have a claim against your father or your mother, but not the property.
[01:49:06.000 --> 01:49:17.000]  And see in this forbearance agreement they had them sign that said they can't sue them, they can't file bankruptcy, they basically gave everything over.
[01:49:17.000 --> 01:49:22.000]  They said the receiver would be entitled to auction the property.
[01:49:22.000 --> 01:49:23.000]  Okay.
[01:49:23.000 --> 01:49:24.000]  Hold on, hold on.
[01:49:24.000 --> 01:49:28.000]  Subject matter jurisdiction, you don't care what they signed.
[01:49:28.000 --> 01:49:29.000]  Okay.
[01:49:29.000 --> 01:49:37.000]  You're saying these people have no power to invoke the jurisdiction of this court.
[01:49:37.000 --> 01:49:51.000]  The only way they can have power to invoke the subject matter jurisdiction of the court is they have to prove up standing under a perfected claim, perfected lien.
[01:49:51.000 --> 01:50:05.000]  Is the action that they filed an in rim action, a foreclosure against real property as opposed to a suit against your parents?
[01:50:05.000 --> 01:50:06.000]  Okay.
[01:50:06.000 --> 01:50:07.000]  Wait, wait.
[01:50:07.000 --> 01:50:09.000]  Here's where I'm going.
[01:50:09.000 --> 01:50:24.000]  Are they suing to enforce a security instrument and take the property or are they suing your parents to collect money that's owed so that they can get a judgment against your parents?
[01:50:24.000 --> 01:50:26.000]  They didn't really do either.
[01:50:26.000 --> 01:50:27.000]  That's not what occurred.
[01:50:27.000 --> 01:50:29.000]  They didn't go like that.
[01:50:29.000 --> 01:50:32.000]  What did they file?
[01:50:32.000 --> 01:50:41.000]  They filed a forbearance agreement and then made my parents sign it and once my parents signed it, they took it to the clerk of court.
[01:50:41.000 --> 01:50:50.000]  They took it out of the superior court and put it into the administrative court and then that just, you know, started the ball rolling and from there they were able to...
[01:50:50.000 --> 01:50:53.000]  Where is this ball rolling?
[01:50:53.000 --> 01:50:55.000]  What is the claim?
[01:50:55.000 --> 01:51:08.000]  The claim, as far as they were able to just basically liquidate all of their real property and personal property and just take everything and then now, okay, you still owe us money.
[01:51:08.000 --> 01:51:09.000]  Okay.
[01:51:09.000 --> 01:51:10.000]  Wait a minute.
[01:51:10.000 --> 01:51:11.000]  This is...
[01:51:11.000 --> 01:51:12.000]  I'm not getting...
[01:51:12.000 --> 01:51:16.000]  I'm not moving toward how they have their...
[01:51:16.000 --> 01:51:23.000]  How they are able to state a claim and what claim they're stating.
[01:51:23.000 --> 01:51:29.000]  Is this a foreclosure action or in the form of a foreclosure action?
[01:51:29.000 --> 01:51:30.000]  It was, yes.
[01:51:30.000 --> 01:51:35.000]  At the very end, the receiver allowed it to be put in the foreclosure, yes.
[01:51:35.000 --> 01:51:36.000]  Okay.
[01:51:36.000 --> 01:51:52.000]  Then a foreclosure would have to have been a suit to enforce a security instrument and in order to enforce the security instrument, they would have to have a perfected claim.
[01:51:52.000 --> 01:52:01.000]  If they're not named on the security instrument, then they don't have a perfected...
[01:52:01.000 --> 01:52:20.000]  Or they don't have an assignment of the original claim to them from the original lender or from someone who received an assignment from the original lender, then they don't have a perfected claim.
[01:52:20.000 --> 01:52:25.000]  Now, even if all these have already been sold, is this still something I can do because it's all been sold?
[01:52:25.000 --> 01:52:27.000]  They sold everything at the courthouse then.
[01:52:27.000 --> 01:52:30.000]  They sold the property, that doesn't matter.
[01:52:30.000 --> 01:52:31.000]  Okay.
[01:52:31.000 --> 01:52:33.000]  You can recover the...
[01:52:33.000 --> 01:52:38.000]  You may be able to recover the property, but you can recover the assets.
[01:52:38.000 --> 01:52:47.000]  In the end, you're probably going to have to make a deal with them and in this show, we talk about how to...
[01:52:47.000 --> 01:52:58.000]  These guys are scoundrels and they violate every law they come close to and we talk about how to go after them.
[01:52:58.000 --> 01:52:59.000]  It's all politics.
[01:52:59.000 --> 01:53:04.000]  It's all about where the greatest risk is, where the greatest cost is.
[01:53:04.000 --> 01:53:12.000]  So where is the place where you can bring the most threatening claim against them?
[01:53:12.000 --> 01:53:23.000]  If you can find that they violated laws relating to this process, if they falsified documents, falsification of a document, the Public Records Criminal Act.
[01:53:23.000 --> 01:53:25.000]  I found a couple of those.
[01:53:25.000 --> 01:53:28.000]  Let's start seeing what other tools you got to use against them.
[01:53:28.000 --> 01:53:29.000]  Okay.
[01:53:29.000 --> 01:53:40.000]  And what I was seeing in the substitute trustee is that that individual has to be a neutral part for the substitute trustee to actually enforce the foreclosure process or to either...
[01:53:40.000 --> 01:53:43.000]  No, that's not exactly how it works.
[01:53:43.000 --> 01:53:52.000]  The trustee acts for the benefit of the beneficiary, not for the grantor.
[01:53:52.000 --> 01:53:56.000]  In this case, your parents would be the grantors.
[01:53:56.000 --> 01:54:09.000]  And we just did a show last night where we talked about a case addressing whether or not the trustee was a debt collector.
[01:54:09.000 --> 01:54:21.000]  And in this case, it was clear that the trustee doesn't really owe a fiduciary duty to the grantor.
[01:54:21.000 --> 01:54:27.000]  Whether or not he owed a fiduciary duty to the beneficiary was iffy.
[01:54:27.000 --> 01:54:30.000]  But he certainly didn't owe a fiduciary duty to the grantor.
[01:54:30.000 --> 01:54:33.000]  But the grantor granted the property into the trust.
[01:54:33.000 --> 01:54:35.000]  Now he's out of that part.
[01:54:35.000 --> 01:54:40.000]  Now the beneficiary has a right to the property under certain circumstances.
[01:54:40.000 --> 01:54:47.000]  And when the trustee is enforcing the security instrument, he doesn't owe a fiduciary duty back.
[01:54:47.000 --> 01:54:53.000]  So as far as him being neutral, that's not really an argument we can win.
[01:54:53.000 --> 01:54:55.000]  And it's too esoteric an argument anyway.
[01:54:55.000 --> 01:54:57.000]  There are a lot better arguments to go after them with.
[01:54:57.000 --> 01:54:59.000]  Okay. All right.
[01:54:59.000 --> 01:55:03.000]  But accusing them of filing fraudulent documents, that's a whole lot better.
[01:55:03.000 --> 01:55:06.000]  And we have someone on the board, Ms. Leslie from Pennsylvania.
[01:55:06.000 --> 01:55:07.000]  She's next.
[01:55:07.000 --> 01:55:12.000]  And she has really taken these guys on.
[01:55:12.000 --> 01:55:25.000]  But so far, I'm not hearing from you the kinds of claims you would be able to effectively adjudicate.
[01:55:25.000 --> 01:55:27.000]  It's not always straightforward.
[01:55:27.000 --> 01:55:35.000]  And it's hard for someone who's not immersed in the subject matter to find the claims that will give you the most leverage.
[01:55:35.000 --> 01:55:40.000]  For the most part, lawyers don't have a clue.
[01:55:40.000 --> 01:55:43.000]  People who have a clue are people who have fought these for quite a while.
[01:55:43.000 --> 01:55:45.000]  And Ms. Leslie is certainly one of them.
[01:55:45.000 --> 01:55:47.000]  I've helped people fight a long time.
[01:55:47.000 --> 01:55:56.000]  I would suggest, as we're running out of time, is send me an email and send me that statement of facts.
[01:55:56.000 --> 01:56:01.000]  Let me look at it, and then I'll have some questions for you.
[01:56:01.000 --> 01:56:09.000]  My email is Randy, R-E-N-D-Y, at ruleoflawradio.com.
[01:56:09.000 --> 01:56:11.000]  I really appreciate your time tonight, Randy.
[01:56:11.000 --> 01:56:13.000]  Thank you so much.
[01:56:13.000 --> 01:56:14.000]  Okay.
[01:56:14.000 --> 01:56:18.000]  And you mentioned someone named Art.
[01:56:18.000 --> 01:56:24.000]  I know a hillbilly in North Carolina named Art.
[01:56:24.000 --> 01:56:26.000]  Well, tell him how.
[01:56:26.000 --> 01:56:28.000]  You really have to watch out for him.
[01:56:28.000 --> 01:56:30.000]  He really is a hillbilly.
[01:56:30.000 --> 01:56:32.000]  You know how those hillbillies are.
[01:56:32.000 --> 01:56:33.000]  Yeah.
[01:56:33.000 --> 01:56:34.000]  My favorite.
[01:56:34.000 --> 01:56:35.000]  Tell Art I said hi.
[01:56:35.000 --> 01:56:36.000]  I will.
[01:56:36.000 --> 01:56:37.000]  Thank you.
[01:56:37.000 --> 01:56:38.000]  Okay.
[01:56:38.000 --> 01:56:40.000]  Thank you, Ms. Stephanie.
[01:56:40.000 --> 01:56:43.000]  Now we're going to go to Leslie in Pennsylvania.
[01:56:43.000 --> 01:56:46.000]  Hello, Ms. Leslie.
[01:56:46.000 --> 01:56:47.000]  Hi.
[01:56:47.000 --> 01:56:48.000]  How are you?
[01:56:48.000 --> 01:56:49.000]  I am good.
[01:56:49.000 --> 01:56:51.000]  It's good to hear from you.
[01:56:51.000 --> 01:56:57.000]  So I got your amended suit, but I didn't get time to read it to you.
[01:56:57.000 --> 01:57:00.000]  I had two or three others I had to get to, and I didn't get through everything.
[01:57:00.000 --> 01:57:04.000]  I did want to get through yours.
[01:57:04.000 --> 01:57:11.000]  Ms. Leslie has quite a track record in Pennsylvania.
[01:57:11.000 --> 01:57:17.000]  She filed a rescission.
[01:57:17.000 --> 01:57:24.000]  And this was before the Justinowski decision, and the court, in adjudicating it,
[01:57:24.000 --> 01:57:29.000]  the lender claimed she had to sue him within three years.
[01:57:29.000 --> 01:57:34.000]  Then the federal court ruled that that wasn't the case.
[01:57:34.000 --> 01:57:38.000]  And as soon as that happened, the judge dismissed the whole case,
[01:57:38.000 --> 01:57:41.000]  claiming a necessary party was not included.
[01:57:41.000 --> 01:57:45.000]  So the courts are doing everything they can to keep her from winning this case,
[01:57:45.000 --> 01:57:49.000]  and she's doing everything she can not to let him.
[01:57:49.000 --> 01:57:54.000]  So where are we now, Ms. Leslie?
[01:57:54.000 --> 01:57:57.000]  Okay.
[01:57:57.000 --> 01:58:03.000]  Before we even got an answer on the court of accused, they filed foreclosure on us,
[01:58:03.000 --> 01:58:08.000]  and we filed preliminary objections, and we were overruled.
[01:58:08.000 --> 01:58:12.000]  Then they gave me 20 days to answer the complaint,
[01:58:12.000 --> 01:58:17.000]  which I did, with affirmative defenses and counterclaims.
[01:58:17.000 --> 01:58:22.000]  They filed, believe it or not, preliminary objections to my answers,
[01:58:22.000 --> 01:58:25.000]  my affirmative defenses, and counterclaims.
[01:58:25.000 --> 01:58:27.000]  Okay, hold on.
[01:58:27.000 --> 01:58:30.000]  We'll get to those when we come back on the other side.
[01:58:30.000 --> 01:58:36.000]  Randy Kelton, we'll radio our call-in number, 512-646-1984.
[01:58:36.000 --> 01:58:50.000]  We'll be right back.
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