ROL_2015-10-02_16k_Hr3-4.timecode

[00:00.000 --> 00:08.000]  The following newsflash 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, silver
[00:29.000 --> 00:36.000]  at $14.54 an ounce, texas crude at $45.09 a barrel, and bitcoin is currently sitting
[00:36.000 --> 00:44.000]  at about $239 US currency.
[00:44.000 --> 00:51.000]  Today in history, Friday October 1st, 1982, the Sony CDP-101, the world's first commercially
[00:51.000 --> 00:59.000]  released compact disc player, is released in Japan for 168,000 yen, roughly $730 US
[00:59.000 --> 01:04.000]  dollars in 1982.
[01:04.000 --> 01:08.000]  In recent news, the weather forecasting system that initially predicted Hurricane Joaquin
[01:08.000 --> 01:13.000]  would hit the East Coast is now saying it will most likely stay over the Atlantic Ocean.
[01:13.000 --> 01:18.000]  The hurricane has, however, been upgraded to a Category 4 storm, meaning sustained winds
[01:18.000 --> 01:21.000]  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 not to
[01:29.000 --> 01:36.000]  let their guard down just yet.
[01:36.000 --> 01:41.000]  English and Welsh smokers will be fined £50, which is roughly around $75 if they are caught
[01:41.000 --> 01:45.000]  violating a new law which aims to protect children when they are riding in the car with
[01:45.000 --> 01:46.000]  them.
[01:46.000 --> 01:49.000]  There is another anti-secondhand smoke measure that went into effect today, in which the
[01:49.000 --> 01:54.000]  driver faces the same fine even if he or she wasn't the one smoking with the children
[01:54.000 --> 01:55.000]  inside 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 people
[01:59.000 --> 02:01.000]  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, while
[02:08.000 --> 02:12.000]  in Northern Ireland, civil regulators said they want to see the results of all this before
[02:12.000 --> 02:19.000]  taking any measures themselves.
[02:19.000 --> 02:23.000]  A projected million unmanned aircraft systems, or drones as they were commonly known, could
[02:23.000 --> 02:26.000]  be given away as presents over the holiday season this year, according to what a Federal
[02:26.000 --> 02:31.000]  Aviation Administration official stated in a 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 out and
[02:35.000 --> 02:42.000]  share the basic guidelines on the FAA webpage.
[03:05.000 --> 03:26.000]  I received my remedy today, came in a box just like they say, I accept it for value
[03:26.000 --> 03:27.000]  right away.
[03:27.000 --> 03:39.000]  We are originators, and the pathway seems to get straighter every day.
[03:39.000 --> 03:43.000]  And I can take anything that belongs to me.
[03:43.000 --> 03:44.000]  Okay, we are back.
[03:44.000 --> 03:49.000]  Randy Kelton, Root of Law Radio, and we're talking to Leslie in Pennsylvania.
[03:49.000 --> 03:55.000]  Okay, Ms. Leslie, they were objecting to your response.
[03:55.000 --> 04:00.000]  Yeah, they wanted the judge to throw out all my defenses and my counterclaims.
[04:00.000 --> 04:02.000]  Throw them right out.
[04:02.000 --> 04:08.000]  So what I did is I put in a motion to amend my defenses and counterclaims, and then I
[04:08.000 --> 04:15.000]  put in objections to their objections, or opposition to their objections is the title.
[04:15.000 --> 04:20.000]  And the judge threw out their objections and gave me permission to amend my defense and
[04:20.000 --> 04:21.000]  counterclaims.
[04:21.000 --> 04:28.000]  Now, what I did is I built it like building blocks, and I started with jurisdiction.
[04:28.000 --> 04:34.000]  They had no jurisdiction because the plaintiff is not the current owner of the loan, and
[04:34.000 --> 04:37.000]  they did not join the creditor to the suit.
[04:37.000 --> 04:43.000]  And the assignment of mortgage they used was a forgery on two counts, because number one,
[04:43.000 --> 04:51.000]  it said it occurred in 2012, the transfer, and the transfer occurred in 2007, and there
[04:51.000 --> 04:53.000]  were other transfers after that.
[04:53.000 --> 04:59.000]  The second reason it's a forgery is because the party that's on the face of the assignment
[04:59.000 --> 05:04.000]  of mortgage says they had nothing whatsoever to do with it.
[05:04.000 --> 05:05.000]  Okay?
[05:05.000 --> 05:13.000]  So, and then on the second thing, I put bad faith, and I went from bad faith to unclean
[05:13.000 --> 05:14.000]  hands.
[05:14.000 --> 05:22.000]  And I built unclean hands up so that, because they, what that does is if they violated the
[05:22.000 --> 05:31.000]  law in any way while administrating or servicing the mortgage, that's unclean hands.
[05:31.000 --> 05:40.000]  And when they did this forgery with the assignment of mortgage, that changed the equity, and
[05:40.000 --> 05:44.000]  that is what you need to show with unclean hands.
[05:44.000 --> 05:46.000]  And then I went through...
[05:46.000 --> 05:47.000]  Wait a minute.
[05:47.000 --> 05:48.000]  Wait a minute.
[05:48.000 --> 05:51.000]  That didn't make sense to me.
[05:51.000 --> 05:52.000]  Okay.
[05:52.000 --> 05:57.000]  For unclean hands, you have to show five different things.
[05:57.000 --> 06:00.000]  Now, let me pull it up here.
[06:00.000 --> 06:08.000]  A party seeking affirmative relief is guilty of conduct involving fraud, deceit, unconscionability,
[06:08.000 --> 06:15.000]  or bad faith, directed to the matter in issue that injures the other party and affects the
[06:15.000 --> 06:18.000]  balance of equities between litigants.
[06:18.000 --> 06:22.000]  And you have to show each of those five things.
[06:22.000 --> 06:24.000]  Wait a minute.
[06:24.000 --> 06:28.000]  When you read that, you said or.
[06:28.000 --> 06:30.000]  No.
[06:30.000 --> 06:34.000]  Conduct involving fraud, deceit, unconscionability, or bad faith.
[06:34.000 --> 06:36.000]  That's one part.
[06:36.000 --> 06:37.000]  Oh, okay.
[06:37.000 --> 06:38.000]  You have to prove.
[06:38.000 --> 06:43.000]  Then the next part you have to prove is that it's related to the matter in issue, that
[06:43.000 --> 06:49.000]  it injures the other party, and that it affects the balance of equity between the litigants.
[06:49.000 --> 06:50.000]  Oh, okay.
[06:50.000 --> 06:51.000]  That it affects.
[06:51.000 --> 06:52.000]  Okay.
[06:52.000 --> 06:59.000]  I misunderstood and thought you said it affected the balance of equity.
[06:59.000 --> 07:02.000]  In order for it to, you have four elements here.
[07:02.000 --> 07:03.000]  Right.
[07:03.000 --> 07:05.000]  It has to be fraud or deceit.
[07:05.000 --> 07:10.000]  The party seeking relief is guilty and related and injures and affects.
[07:10.000 --> 07:13.000]  So you have to prove each of those things.
[07:13.000 --> 07:24.000]  Then I went on and put in that we were fraudulently induced to sign the mortgage.
[07:24.000 --> 07:30.000]  We weren't told that MERS was a private closed recording system.
[07:30.000 --> 07:36.000]  We were told that MERS was a recording agent for the lender.
[07:36.000 --> 07:39.000]  That MERS was a nominee.
[07:39.000 --> 07:46.000]  Well, yeah, a nominee for the mortgage lender, but was falsely represented as a recording
[07:46.000 --> 07:47.000]  agent.
[07:47.000 --> 07:52.000]  When we asked what was the nominee for them, they said, well, it's a recording agent.
[07:52.000 --> 07:53.000]  They knew that wasn't true.
[07:53.000 --> 08:00.000]  They knew that the whole thing was to supplant the recording of these.
[08:00.000 --> 08:02.000]  So we put that in there.
[08:02.000 --> 08:06.000]  Then we put in for the doctrine of acquiescence and latches.
[08:06.000 --> 08:12.000]  Now, the reason I did it this way was because of the answers that I got when they put in
[08:12.000 --> 08:15.000]  your preliminary objections.
[08:15.000 --> 08:23.000]  Instead of claiming rescission, I claimed they acquiesced to rescission.
[08:23.000 --> 08:26.000]  They accepted it because they didn't object.
[08:26.000 --> 08:28.000]  Let me get this right.
[08:28.000 --> 08:36.000]  You filed a rescission, and they didn't act on the rescission.
[08:36.000 --> 08:42.000]  They claimed that you had to file a suit within three years.
[08:42.000 --> 08:44.000]  Then Jasinowski came down.
[08:44.000 --> 08:49.000]  The Jasinowski case came down and said, no, no, no, no, you don't have to do that.
[08:49.000 --> 08:52.000]  When you file the rescission, the rescission's a done deal.
[08:52.000 --> 08:54.000]  You don't have to file a suit.
[08:54.000 --> 09:00.000]  So they were relying on you having to file a suit, and that was thrown out by Jasinowski.
[09:00.000 --> 09:06.000]  Now, they got 20 days after you filed the rescission to raise an opposition.
[09:06.000 --> 09:12.000]  If they don't, you have a right to retain the property without further obligation.
[09:12.000 --> 09:13.000]  Right.
[09:13.000 --> 09:15.000]  Am I correct in where you're going here?
[09:15.000 --> 09:16.000]  Yes.
[09:16.000 --> 09:17.000]  Yes.
[09:17.000 --> 09:22.000]  So I said they acquiesced to the rescission because they failed to object within the 20 days.
[09:22.000 --> 09:32.000]  And another thing is if they don't settle the estate, if they don't settle the account within one year,
[09:32.000 --> 09:38.000]  you know, they have to object within 20 days, but they only have a year to settle the account.
[09:38.000 --> 09:42.000]  So because they did that, that latches.
[09:42.000 --> 09:50.000]  So by the doctrine of acquiescence and latches, they're prohibited from filing the suit based on rescission.
[09:50.000 --> 09:59.000]  For those that don't understand what latches is, latches means that a litigant sat on his rights.
[09:59.000 --> 10:09.000]  A litigant had a right to do a certain thing and had a time limit in which to get that certain thing done, but they didn't do it.
[10:09.000 --> 10:14.000]  And now they come back after the time has ran out and try to claim that right.
[10:14.000 --> 10:21.000]  So under latches, you claim that they sat on their rights and didn't exercise them within the time limit.
[10:21.000 --> 10:24.000]  They can't come back now and raise those issues.
[10:24.000 --> 10:26.000]  Am I correct in that, Ms. Leslie?
[10:26.000 --> 10:28.000]  That's correct.
[10:28.000 --> 10:38.000]  So then for the next affirmative defense, I put that there was a record in the court that there is stopped
[10:38.000 --> 10:45.000]  by doctrine of estappel by record from claiming that this assignment of mortgage they have is valid
[10:45.000 --> 10:51.000]  because the assignor said, and I'm quoting from what their pleading said,
[10:51.000 --> 10:59.000]  was not a party to this assignment, was not involved with the execution of the September 20, 2012 assignment whatsoever.
[10:59.000 --> 11:06.000]  Blank had no interest to assign, and that was in their pleading in the court record.
[11:06.000 --> 11:09.000]  So that's another defense I have.
[11:09.000 --> 11:11.000]  So I don't know how they're going to get through these.
[11:11.000 --> 11:13.000]  They're going to have a little bit of a tough time.
[11:13.000 --> 11:22.000]  Then they had the nerve to put in a counterfeit coin for the note, just like San Diego's be Mackey.
[11:22.000 --> 11:25.000]  They used a counterfeit.
[11:25.000 --> 11:32.000]  They had a copy of the note stating that it was recent, that it was proof that they had the thing,
[11:32.000 --> 11:39.000]  but it was made and created before June 23, 2007.
[11:39.000 --> 11:47.000]  And I know that because it was certified by the original lender who has stated in court
[11:47.000 --> 11:52.000]  that that was the last time they had possession of the note.
[11:52.000 --> 11:56.000]  So let's reference San Diego be Mackey.
[11:56.000 --> 12:00.000]  That's a Texas case.
[12:00.000 --> 12:14.000]  A borrower demanded under UCC 3-501 that the lender produce the original security instrument for inspection.
[12:14.000 --> 12:19.000]  And under UCC 3-501, they have to produce the original.
[12:19.000 --> 12:20.000]  They don't have to give it to you.
[12:20.000 --> 12:22.000]  They've got to show it to you.
[12:22.000 --> 12:24.000]  So Mackey told them, well, come on down.
[12:24.000 --> 12:25.000]  We've got it here at the office.
[12:25.000 --> 12:26.000]  We'll show it to you.
[12:26.000 --> 12:27.000]  They went down to the office.
[12:27.000 --> 12:29.000]  Mackey shows them a copy.
[12:29.000 --> 12:31.000]  They walk.
[12:31.000 --> 12:37.000]  Then they filed suit against Mackey for producing a fraudulent document
[12:37.000 --> 12:43.000]  because he produced a copy claiming that the copy was the original.
[12:43.000 --> 12:46.000]  That was San Diego be Mackey.
[12:46.000 --> 12:54.000]  On top of that, when they put in the opposition to my complaint, to my responses,
[12:54.000 --> 13:02.000]  they used a copy of the note that I sent in as proof that they didn't have the note
[13:02.000 --> 13:06.000]  because there was more endorsements on it.
[13:06.000 --> 13:10.000]  There was like, you know, there was like a couple more endorsements on there,
[13:10.000 --> 13:12.000]  but I didn't give them the last page.
[13:12.000 --> 13:16.000]  And in this here, I said they don't have the last page and they didn't send the last page.
[13:16.000 --> 13:21.000]  And because they didn't send the last page with the indecipherable endorsement,
[13:21.000 --> 13:25.000]  they don't hold and possess the note at all.
[13:25.000 --> 13:26.000]  So that's that one.
[13:26.000 --> 13:30.000]  Now, the eighth affirmative defense is going to be the most interesting,
[13:30.000 --> 13:36.000]  and that is the doctrine of illegality of the mortgage itself.
[13:36.000 --> 13:44.000]  Because what my whole thing is about this MERS business, because I hate MERS,
[13:44.000 --> 13:51.000]  is that you can't have it in a mortgage in Pennsylvania without it breaking the law.
[13:51.000 --> 13:59.000]  There are laws on the books, criminal and civil, that require that everything be recorded.
[13:59.000 --> 14:07.000]  And if it's not recorded within six months, you cannot use it to transfer interest to anyone else.
[14:07.000 --> 14:17.000]  And if it's transferred and not recorded, that is tampering with public records, and that's a felony.
[14:17.000 --> 14:31.000]  So in effect, MERS in a Pennsylvania mortgage, and I argue with several paragraphs with all the case law
[14:31.000 --> 14:41.000]  and the citations of the law, that you can't have MERS in a mortgage because it violates the law.
[14:41.000 --> 14:51.000]  All MERS mortgages do violate at least the 18 of the Pennsylvania statutes, the subsection 4911A3,
[14:51.000 --> 14:54.000]  or there would be no purpose for MERS in a mortgage.
[14:54.000 --> 15:02.000]  And under case law, an agreement which violates the provision of a statute or which cannot be performed
[15:02.000 --> 15:08.000]  without violation of such a provision is illegal and void.
[15:08.000 --> 15:12.000]  Pennsylvania Railroad v. Cameron is one.
[15:12.000 --> 15:15.000]  Kimball v. Wilson is another.
[15:15.000 --> 15:21.000]  And you also have Covenant 16 of the security instrument.
[15:21.000 --> 15:23.000]  Oh, yes.
[15:23.000 --> 15:27.000]  The governing law and the severability clause.
[15:27.000 --> 15:28.000]  Yes.
[15:28.000 --> 15:33.000]  I use that under the bad faith because everything has to do with good faith,
[15:33.000 --> 15:51.000]  and they went into the mortgage planning to break it, planning to violate it by not obeying No. 16 and by breaking the law.
[15:51.000 --> 16:00.000]  And what we're talking about here is Covenant 16 of the uniform Fannie Mae Freddie Mac uniform instrument
[16:00.000 --> 16:04.000]  is where both parties agree to abide by all law.
[16:04.000 --> 16:12.000]  And the severability clause says any provision of this contract that violates any law to the degree possible,
[16:12.000 --> 16:16.000]  it is separated from the contract and void.
[16:16.000 --> 16:27.000]  So the inclusion of MERS, if it's illegal, under the severability clause, it's extracted and MERS is not in there.
[16:27.000 --> 16:30.000]  And there's no mortgage left.
[16:30.000 --> 16:35.000]  We need a mortgagee and a mortgage.
[16:35.000 --> 16:43.000]  Well, they have a mortgagee, that's the lender, but it makes the contract unenforceable
[16:43.000 --> 16:46.000]  because it's so ambiguous you don't know what it can mean.
[16:46.000 --> 16:47.000]  Hang on.
[16:47.000 --> 16:48.000]  We'll pick this up on the other side.
[16:48.000 --> 16:50.000]  Randy Kelton, we'll do our radio.
[16:50.000 --> 16:54.000]  I'll call it number 512-646-1984.
[16:54.000 --> 17:00.000]  We'll be right back.
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[19:02.000 --> 19:06.000]  You are listening to the Logos Radio Network.
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[19:11.000 --> 19:15.000]  Well, don't let nothing get to you.
[19:15.000 --> 19:18.000]  Only the Father can deliver you.
[19:18.000 --> 19:21.000]  Don't let bad-minded people hurt you.
[19:21.000 --> 19:24.000]  Until Satan gets behind you.
[19:24.000 --> 19:29.000]  Know what I mean, my friend?
[19:29.000 --> 19:31.000]  Okay, we are back.
[19:31.000 --> 19:37.000]  Randy Kelton, Google Radio, and we're talking to Ms. Leslie in Pennsylvania.
[19:37.000 --> 19:41.000]  Okay, where were we, Ms. Leslie?
[19:41.000 --> 19:52.000]  Okay, now I had gotten done with the primitive defenses, and for the counterclaims, I put the quiet title action,
[19:52.000 --> 19:59.000]  and I put for the mortgage and the assignment of mortgage for the rescission and the forgery,
[19:59.000 --> 20:06.000]  and then I put another counterclaim for malicious civil proceeding.
[20:06.000 --> 20:08.000]  So we'll see what happens with that.
[20:08.000 --> 20:12.000]  Wait a minute, say that again. You kind of broke up on me.
[20:12.000 --> 20:19.000]  I put in a counterclaim for quiet title and malicious civil proceeding.
[20:19.000 --> 20:23.000]  Oh.
[20:23.000 --> 20:25.000]  Sound interesting?
[20:25.000 --> 20:27.000]  That sounds good.
[20:27.000 --> 20:29.000]  Yeah, I thought so.
[20:29.000 --> 20:32.000]  Now, I also have a case in the federal court.
[20:32.000 --> 20:40.000]  Rico against the bank and every single attorney who touched that forged document,
[20:40.000 --> 20:42.000]  that forged assignment of mortgage.
[20:42.000 --> 20:46.000]  I have been advised by counsel.
[20:46.000 --> 20:52.000]  I have a friend who's an attorney who goes over some stuff with me.
[20:52.000 --> 20:57.000]  He's been helping me out a little bit with this Rico stuff,
[20:57.000 --> 21:02.000]  and he advised me, based on everything else that's going on,
[21:02.000 --> 21:11.000]  that it would be better if I withdrew the complaint and the case without prejudice.
[21:11.000 --> 21:17.000]  And so we did. We filed a motion to withdraw, and we have a hearing on Wednesday.
[21:17.000 --> 21:25.000]  And the reason behind that is because a lot of the issues are not ripe for adjudication,
[21:25.000 --> 21:28.000]  and we would do better to wait.
[21:28.000 --> 21:34.000]  Because if we wait until after we have the foreclosure finished,
[21:34.000 --> 21:41.000]  it will either enforce my issues that everything was fraudulent and they went forward anyway,
[21:41.000 --> 21:46.000]  or it would increase my damages, and I would have to still prove my case,
[21:46.000 --> 21:50.000]  but I would at least have more damages.
[21:50.000 --> 21:54.000]  And I can do that while I'm making appeal.
[21:54.000 --> 22:08.000]  If you get ruled against in the foreclosure case, how will that affect your Rico suit?
[22:08.000 --> 22:15.000]  It will give me additional damages by multitude.
[22:15.000 --> 22:21.000]  Okay, so you can claim that the ruling against you was a problem, though,
[22:21.000 --> 22:34.000]  but if the court rules against you, the federal court is going to trust the lower court?
[22:34.000 --> 22:38.000]  Only to the, well, yeah, in some ways, yes.
[22:38.000 --> 22:42.000]  The way I'm looking at it is this, is they keep saying that,
[22:42.000 --> 22:46.000]  well, you can't challenge the assignment of mortgage because you're not ready to do it.
[22:46.000 --> 22:51.000]  That's a crock of two, but some of the judges just look at it that way.
[22:51.000 --> 22:54.000]  Okay, hold on.
[22:54.000 --> 22:58.000]  I'm working with someone in San Diego.
[22:58.000 --> 23:01.000]  I need to get you in touch with Rick,
[23:01.000 --> 23:10.000]  because he has a document from the Comptroller of the Currency,
[23:10.000 --> 23:18.000]  and it is an enforcement procedure for the Comptroller of the Currency.
[23:18.000 --> 23:29.000]  And in there, the Comptroller of the Currency specifically credits the borrower with having standing.
[23:29.000 --> 23:42.000]  Oh. Rick is going to the, I think it's next week, he's going to do oral arguments on an appeal.
[23:42.000 --> 23:50.000]  Are you familiar with Glassky and Jenkins in California?
[23:50.000 --> 23:51.000]  Yeah.
[23:51.000 --> 23:57.000]  Okay, for those who are not, Glassky, Jenkins came first.
[23:57.000 --> 24:04.000]  Jenkins said that since you were not a party to an assignment,
[24:04.000 --> 24:09.000]  assignment has an assignee assignee, and you're not even one of those.
[24:09.000 --> 24:16.000]  So this is an internal process within the banks,
[24:16.000 --> 24:22.000]  and you're not a party to that, so you don't have standing to challenge it.
[24:22.000 --> 24:30.000]  Well, that's what the banks lawyers claim Jenkins says, but that's not really exactly what it says.
[24:30.000 --> 24:32.000]  We'll get to that in a minute.
[24:32.000 --> 24:36.000]  Glassky says, yes, you do have standing to challenge an assignment,
[24:36.000 --> 24:39.000]  because it affects a claim against your property.
[24:39.000 --> 24:44.000]  And this is the split in California between the circuits.
[24:44.000 --> 24:50.000]  And Rick is in the circuit that follows Jenkins.
[24:50.000 --> 24:57.000]  And the case he's going to go argue is we filed under Jenkins.
[24:57.000 --> 25:06.000]  And what we said about Jenkins is that the way Jenkins has been portrayed is incorrect.
[25:06.000 --> 25:14.000]  Jenkins did not say you don't have standing to make a claim against an assignment.
[25:14.000 --> 25:25.000]  What they said was is you don't have standing to make a bald accusation that the assignment is improper.
[25:25.000 --> 25:29.000]  You can't go on a fishing edition, fishing expedition,
[25:29.000 --> 25:38.000]  and use this to develop information to prove what you believe.
[25:38.000 --> 25:42.000]  You have to come in with some facts.
[25:42.000 --> 25:48.000]  You have to show facts as to why you believe the assignment is improper.
[25:48.000 --> 25:56.000]  So what our argument is is for a distinction of we're asking the court to distinguish Jenkins and say,
[25:56.000 --> 26:00.000]  it doesn't say you don't have standing at all.
[26:00.000 --> 26:09.000]  It only says you don't have standing to raise the issue without facts in support of the issue that you're raising.
[26:09.000 --> 26:12.000]  You might want that argument.
[26:12.000 --> 26:13.000]  Yes.
[26:13.000 --> 26:14.000]  Yes.
[26:14.000 --> 26:16.000]  I may use it in motion.
[26:16.000 --> 26:16.000]  Okay.
[26:16.000 --> 26:17.000]  I'm sorry.
[26:17.000 --> 26:19.000]  I forgot where I was going.
[26:19.000 --> 26:27.000]  The Office of Controversial Currency, they specifically stipulated that the borrower had standing,
[26:27.000 --> 26:33.000]  and he's taking that with him to the appeals court to argue in support of his issue.
[26:33.000 --> 26:36.000]  So I'll get Rick to send you both of those.
[26:36.000 --> 26:39.000]  Oh, that would be great. Thank you so much.
[26:39.000 --> 26:46.000]  I can use those things in responses to motions of the plaintiff.
[26:46.000 --> 26:55.000]  I don't expect to lose because I have so many strong arguments that any one of them could get this thing thrown out,
[26:55.000 --> 27:02.000]  and I really intend to take this to the Supreme Court if it's ever ruled against on any level.
[27:02.000 --> 27:05.000]  I will take it as far as it takes.
[27:05.000 --> 27:17.000]  I would think after what happened to them with Jasinowski that they would want to make sure that this does not get to the Supreme.
[27:17.000 --> 27:19.000]  Yes, I know.
[27:19.000 --> 27:24.000]  For those of you who aren't familiar, this goes exactly to Ms. Leslie's case.
[27:24.000 --> 27:29.000]  She filed a rescission, and they didn't respond to it.
[27:29.000 --> 27:35.000]  The Jasinowski case filed a rescission, a timely rescission.
[27:35.000 --> 27:40.000]  Then the lender said that it's not enough to file the rescission.
[27:40.000 --> 27:42.000]  You have three years to file the rescission.
[27:42.000 --> 27:47.000]  You also have to file suit to enforce the rescission.
[27:47.000 --> 27:51.000]  And Jasinowski said, no, you don't. All you have to do is file the rescission.
[27:51.000 --> 28:01.000]  Somehow the bank let this get to the Supreme Court, and the Supreme Court dropped a bomb on them.
[28:01.000 --> 28:04.000]  They said Jasinowski was right.
[28:04.000 --> 28:11.000]  All you have to do is send a notice of rescission, and it is a done deal.
[28:11.000 --> 28:23.000]  Also, another thing that I have been arguing in my motions, in my responsive motions, is that in rescission,
[28:23.000 --> 28:29.000]  they cannot file a foreclosure because they have no standing because there is no loan.
[28:29.000 --> 28:32.000]  This is what Jasinowski said.
[28:32.000 --> 28:36.000]  When you file the rescission, it's over.
[28:36.000 --> 28:40.000]  There is no loan. There is no security instrument.
[28:40.000 --> 28:46.000]  The bank can't reinstate it. You can't reinstate it. It's done.
[28:46.000 --> 28:49.000]  The only thing that can be done is a new agreement.
[28:49.000 --> 28:53.000]  So there either has to be tender on the part of both parties.
[28:53.000 --> 29:02.000]  The bank has to give you back everything you gave the bank, taxes, escrow, everything.
[29:02.000 --> 29:08.000]  And then you have to tender back to the bank what the bank has a right to.
[29:08.000 --> 29:11.000]  I always make up this big lawsuit and claim tender by set-off.
[29:11.000 --> 29:19.000]  But what they're saying is, and very clear in Jasinowski, is once that rescission is filed,
[29:19.000 --> 29:25.000]  that note and that security instrument no longer exist, period.
[29:25.000 --> 29:28.000]  That's my story, and I'm sticking to it.
[29:28.000 --> 29:36.000]  I also argue that prior to filing any foreclosure, they would have had to go and void the rescission before filing.
[29:36.000 --> 29:38.000]  They didn't do that.
[29:38.000 --> 29:40.000]  They had 20 days.
[29:40.000 --> 29:46.000]  It's hard to get around the intent of the legislature here.
[29:46.000 --> 29:49.000]  They said, you have 20 days to raise an opposition.
[29:49.000 --> 29:56.000]  If you don't, you either must run out of time and fall off the cliff.
[29:56.000 --> 29:58.000]  We'll be right back on the other side.
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[33:25.000 --> 33:50.000]  Okay, we are back from Randy Kelton Rule of Law Radio with Leslie in Pennsylvania.
[33:50.000 --> 33:55.000]  Leslie, where were we? I had a really busy break there.
[33:55.000 --> 34:05.000]  Yeah, well, we were talking about how far I wanted to go with this and everything, and I really think that I should take it as far as I can take it to the Supreme Court.
[34:05.000 --> 34:11.000]  I'm going to cost them so much money. They've already spent twice as much as the House of Lords in legal fees.
[34:11.000 --> 34:33.000]  I've looked at your pleadings, and your pleadings are excellent. I can't see these guys wanting to get to the Supreme or risk getting to the Supreme with you and risk what happened to them with Justinowski.
[34:33.000 --> 34:39.000]  Have they made any settlement offers at all?
[34:39.000 --> 34:53.000]  When we got the notice of the answer from the appeal, the attorney for the bank said, okay, now we want to settle this. We can refinance for you or whatever.
[34:53.000 --> 34:59.000]  I said, no, I'm not going to go in for a refinance.
[34:59.000 --> 35:03.000]  Did you give them a counter offer?
[35:03.000 --> 35:13.000]  Well, I told him I wanted a quiet title, and he says, no, we're not going to go for that. I said, well, hello. I want quiet title or nothing.
[35:13.000 --> 35:17.000]  That's what I want.
[35:17.000 --> 35:22.000]  So at least you've explored that option.
[35:22.000 --> 35:37.000]  Yeah. I mean, if we went to go and put in an application for zone modification, it wouldn't pass because we're retired now. When we were working and we were making almost $100,000 a year, that's different, but we're not now.
[35:37.000 --> 35:44.000]  We're retired on Social Security. It's not going to fly. I couldn't if I wanted to.
[35:44.000 --> 35:50.000]  So they were trying to suck you into a deal where you would lose the whole thing.
[35:50.000 --> 35:52.000]  Yes.
[35:52.000 --> 36:06.000]  So now this can be your job, and you've got time to do it. You've got time to kick their behinds, and I cannot see them wanting to risk going to the Supreme with you.
[36:06.000 --> 36:22.000]  Yeah. I kind of think that way, too, because I have all the time in the world on my hands to look up stuff and keep in touch with what's going on every single day. That's all I do is look and see what's new in the courts in every state in the union.
[36:22.000 --> 36:48.000]  And I forward my information to the different attorneys that are local where it applies. You know, I just stay busy that way. I don't know if you caught from my email that I do have some personal issues that I'm dealing with right now, which is one of the reasons I wanted to put in the motion to dismiss the RICO suit at this time.
[36:48.000 --> 36:57.000]  It had 17 defendants, and it was kind of a lot to handle with the foreclosure and everything else I'm dealing with.
[36:57.000 --> 37:08.000]  Did you get one of those tools that I designed for your back?
[37:08.000 --> 37:09.000]  Yes.
[37:09.000 --> 37:11.000]  Do you remember that thing?
[37:11.000 --> 37:20.000]  Yes. I need another link. My computer, I had gone through about five computers since I started.
[37:20.000 --> 37:25.000]  Just go to jurisimprudence.com. I put a link to it on there.
[37:25.000 --> 37:28.000]  Okay. All right.
[37:28.000 --> 37:37.000]  That may eliminate at least one issue, because for me, it's been extremely effective.
[37:37.000 --> 37:45.000]  This is one of those annoying things I have done on pressure point therapy for 30 years.
[37:45.000 --> 37:55.000]  People with back issues and muscle spasms and stiffness that can go in there and do pressure point therapy and eliminate their issues.
[37:55.000 --> 38:01.000]  It's like acupuncture. It's like, it's essentially acupressure.
[38:01.000 --> 38:09.000]  Acupuncturists will find a sensitive spot, and they stick a needle in it, and it irritates it.
[38:09.000 --> 38:15.000]  It tells the muscle that it's holding itself too tight, and the muscle backs away from it.
[38:15.000 --> 38:19.000]  The pressure point therapy, you just go in there and press on the muscle and irritate it.
[38:19.000 --> 38:23.000]  It tells the muscle it's holding itself too tight, and it backs away.
[38:23.000 --> 38:28.000]  Well, I did it on everybody else, but I couldn't reach my own.
[38:28.000 --> 38:32.000]  After about 30 years, I was sitting here one day, and I had a spasm in my back.
[38:32.000 --> 38:39.000]  Now, it finally occurred to me, could I make up a tool I could do that with?
[38:39.000 --> 38:44.000]  After I had the thought, it took about 45 seconds to come up with something.
[38:44.000 --> 38:48.000]  That was really annoying.
[38:48.000 --> 38:52.000]  It took me 30 years to have the thought.
[38:52.000 --> 38:56.000]  So, keep thinking. That's the most important part.
[38:56.000 --> 39:04.000]  I have used this thing, and I am more limber than I was in my 20s.
[39:04.000 --> 39:10.000]  I remember my son, when he was in his 20s, stepping off the back of my truck.
[39:10.000 --> 39:12.000]  It was about four feet high.
[39:12.000 --> 39:16.000]  He just stepped off. I would hit the ground, flexed his knees, and walked away.
[39:16.000 --> 39:24.000]  I looked at him and thought, I used to be able to do that, but I can't now.
[39:24.000 --> 39:32.000]  Because if I did that now, it would feel like someone hit me in the back of my sacroiliac with a sledgehammer.
[39:32.000 --> 39:35.000]  It was clear to me, that's just muscle tension.
[39:35.000 --> 39:41.000]  All my muscles are locked down, and they didn't have the movement and give that his has.
[39:41.000 --> 39:48.000]  When I started using this tool, and all it is is I do pressure point therapy with my thumb.
[39:48.000 --> 39:50.000]  I'll press on a sore spot.
[39:50.000 --> 39:57.000]  So, I made up a plastic set of fittings, just plumbing regular plastic PVC fittings,
[39:57.000 --> 39:59.000]  with pieces sticking out like your thumb.
[39:59.000 --> 40:02.000]  We could slide it underneath you when you're laying down.
[40:02.000 --> 40:10.000]  Just raise your back up, slide this under you, and ease your weight down on it until it irritated a muscle.
[40:10.000 --> 40:14.000]  And put pressure on that muscle, and it caused the muscle to relax.
[40:14.000 --> 40:16.000]  It really, really worked.
[40:16.000 --> 40:23.000]  I'm not going to say it's not uncomfortable doing it, because it is kind of uncomfortable, but that's the whole idea.
[40:23.000 --> 40:30.000]  But once you begin working it, it will literally show you where you need to push your point.
[40:30.000 --> 40:39.000]  And the most serious issues you have, and get rid of those in minutes, you'll want to go slap your doctor.
[40:39.000 --> 40:46.000]  Because you put up with this pain and back spasms all these years, and he's given you all this ignorant dope
[40:46.000 --> 40:51.000]  that has all of these harmful side effects when you could have got rid of it in just minutes.
[40:51.000 --> 40:53.000]  You will be annoyed.
[40:53.000 --> 40:56.000]  So, look on Jewishimprudence.com.
[40:56.000 --> 41:02.000]  There's a link to Pain Eraser, and I have some photos of the tool.
[41:02.000 --> 41:08.000]  And you don't even need instructions for building it, because you can look at it, it's really simple.
[41:08.000 --> 41:12.000]  And then I have a little written out statement of how to use it.
[41:12.000 --> 41:14.000]  Try that.
[41:14.000 --> 41:18.000]  You will be surprised at the difference it will make.
[41:18.000 --> 41:19.000]  Okay.
[41:19.000 --> 41:26.000]  I've run upstairs, taking two at a time, and no longer touch the handrail.
[41:26.000 --> 41:31.000]  Because it gets in the way and throws my balance off.
[41:31.000 --> 41:36.000]  And for years I've been dragging myself up the stairs by the handrail.
[41:36.000 --> 41:38.000]  Oh my.
[41:38.000 --> 41:40.000]  Okay.
[41:40.000 --> 41:43.000]  Anything else, Ms. Leslie?
[41:43.000 --> 41:44.000]  Okay.
[41:44.000 --> 41:45.000]  All right.
[41:45.000 --> 41:49.000]  So take care of yourself, and I'll keep in touch to let you know what's going on.
[41:49.000 --> 41:58.000]  When they respond, if they respond with anything other than a motion to dismiss, you know.
[41:58.000 --> 41:59.000]  Okay.
[41:59.000 --> 42:02.000]  I will be looking forward to it.
[42:02.000 --> 42:03.000]  Okay.
[42:03.000 --> 42:06.000]  Thank you very much, Ms. Leslie.
[42:06.000 --> 42:07.000]  Okay.
[42:06.000 --> 42:07.000]  Bye-bye.
[42:07.000 --> 42:08.000]  Okay.
[42:08.000 --> 42:10.000]  Now we're going to Doug in Indiana.
[42:10.000 --> 42:11.000]  Hello, Doug.
[42:11.000 --> 42:13.000]  What do you have for us?
[42:13.000 --> 42:22.000]  I've got an FDCPA issue.
[42:22.000 --> 42:23.000]  Can you hear me?
[42:23.000 --> 42:25.000]  Yes, I can hear you.
[42:25.000 --> 42:27.000]  Okay.
[42:27.000 --> 42:29.000]  FDCPA.
[42:29.000 --> 42:33.000]  Fair Debt Collections Practices Act.
[42:33.000 --> 42:35.000]  Yep.
[42:35.000 --> 42:45.000]  I've got a portfolio recovery reporting a debt on my credit report that they claim to have
[42:45.000 --> 42:49.000]  bought from another lender.
[42:49.000 --> 42:54.000]  But they absolutely refuse to send me any.
[42:54.000 --> 42:59.000]  They've never sent me a done in the mail, and they've never sent me so I could, you
[42:59.000 --> 43:02.000]  know, request validation.
[43:02.000 --> 43:09.000]  And then, you know, they've never yet to prove that they own this debt, but they're still
[43:09.000 --> 43:10.000]  reporting it.
[43:10.000 --> 43:19.000]  And I need it off my credit report, so I'm trying to get a VA law on it.
[43:19.000 --> 43:25.000]  Did you dispute the debt with the credit agencies?
[43:25.000 --> 43:29.000]  Not yet.
[43:29.000 --> 43:34.000]  I'm getting ready to do that because there are four other things on there I'm going to
[43:34.000 --> 43:42.000]  dispute, so I'll get all that done, but I'm going to send it out Monday.
[43:42.000 --> 43:43.000]  Okay.
[43:43.000 --> 43:47.000]  And we're about to go to break, so we'll pick this back up on the other side.
[43:47.000 --> 43:54.000]  This is Randy Kelton, Rue La Radio, our call in number 512-646-1984.
[43:54.000 --> 44:02.000]  We'll be right back.
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[46:22.000 --> 46:40.000]  Okay, we are back.
[46:40.000 --> 46:44.000]  Randy Kelton, Rule of Law Radio, and we're talking to Doug in Indiana.
[46:44.000 --> 46:51.000]  Okay, Doug, you have a question or a specific comment?
[46:51.000 --> 47:00.000]  Well, I have dealt with select portfolio on several other occasions,
[47:00.000 --> 47:11.000]  and I filed suit against them, and it was pretty much kind of similar to this.
[47:11.000 --> 47:17.000]  They call me every day of the week, you know, want me to pay this,
[47:17.000 --> 47:28.000]  but they've never sent me a done in the mail where I, you know, can use my debt validation.
[47:28.000 --> 47:34.000]  Okay, have you called a phone company?
[47:34.000 --> 47:38.000]  Yes, my phone carried, yes.
[47:38.000 --> 47:48.000]  Call the phone company and report them for abusive use of the phone.
[47:48.000 --> 47:54.000]  If Jeff was here, he'd know the code on that better than I do,
[47:54.000 --> 48:00.000]  but you can call the phone company and get the phone company after.
[48:00.000 --> 48:09.000]  Well, Indiana has the Telephone Collection Practices Act or, you know,
[48:09.000 --> 48:14.000]  annoying harassing phone calls like issue consume over.
[48:14.000 --> 48:20.000]  Do they give you a name of the company?
[48:20.000 --> 48:22.000]  Yes.
[48:22.000 --> 48:23.000]  Have you looked it up?
[48:23.000 --> 48:30.000]  Well, they did, but my credit report does.
[48:30.000 --> 48:36.000]  Good, then that's good enough.
[48:36.000 --> 48:45.000]  If they have a mark on your credit, then send them a debt validation letter.
[48:45.000 --> 48:53.000]  And in the debt validation letter, you always put in there a prohibition against any telephone contact.
[48:53.000 --> 48:58.000]  Okay, are you familiar with the Mike Mears method?
[48:58.000 --> 48:59.000]  No, I'm not.
[48:59.000 --> 49:04.000]  Oh, they really need to go on a Logos radio network.
[49:04.000 --> 49:08.000]  And there's a blue banner there for Mike Mears.
[49:08.000 --> 49:13.000]  We've got a guy, Mark in Wisconsin, he calls in pretty often.
[49:13.000 --> 49:19.000]  And two, three years ago, he was taken on to credit cards, and he used the Mike Mears method.
[49:19.000 --> 49:20.000]  He had two credit cards.
[49:20.000 --> 49:29.000]  One of them paid him, they retired the debt and paid him $3,000 to go away and leave him alone.
[49:29.000 --> 49:35.000]  The other one retired the debt and paid him $6,000 to go away and leave him alone.
[49:35.000 --> 49:39.000]  They do everything wrong.
[49:39.000 --> 49:45.000]  They know they do everything wrong, but they make a lot of money doing everything wrong.
[49:45.000 --> 49:50.000]  Every once in a great while, somebody will sting them.
[49:50.000 --> 49:53.000]  Well, that's just the cost of doing business.
[49:53.000 --> 49:58.000]  Mike Mears will show you how to be their cost of doing business.
[49:58.000 --> 50:06.000]  Then that call about the debt that won't be problematic, you'll be waiting for them to call so you can put a mark on your ledger.
[50:06.000 --> 50:11.000]  I think it's up to $1,500 a pop.
[50:11.000 --> 50:19.000]  When the $1,500 a call exceeds the amount of the claim, then you give them a tort letter notice of suit.
[50:19.000 --> 50:22.000]  You file a federal lawsuit to pay you to go away.
[50:22.000 --> 50:29.000]  If in the process of collecting the debt, they pool your credit, that's not a permissible purpose.
[50:29.000 --> 50:30.000]  That's a felony.
[50:30.000 --> 50:41.000]  If someone else, they'd retire, earn a $30,000 debt and pay them $6,000 to drop their suit against them.
[50:41.000 --> 50:44.000]  This works.
[50:44.000 --> 50:47.000]  Go click on the Mike Mears method.
[50:47.000 --> 50:50.000]  Have a look at it.
[50:50.000 --> 50:56.000]  You might want to consider that he'll show you how to sue them in the federal court.
[50:56.000 --> 50:58.000]  It's really pretty easy.
[50:58.000 --> 51:03.000]  The federal courts apparently are not friendly to debt collectors.
[51:03.000 --> 51:04.000]  No, they're not.
[51:04.000 --> 51:11.000]  I know our Circuit 7 here in Indiana, they are not at all.
[51:11.000 --> 51:16.000]  The Mike Mears method, he'll show you how to produce all the documents.
[51:16.000 --> 51:22.000]  He'll show you the whole deal.
[51:22.000 --> 51:26.000]  Then debt collectors will become your buddies.
[51:26.000 --> 51:28.000]  Yeah, Bubba, give me a call.
[51:28.000 --> 51:36.000]  I'll stick another $1,500 bucks on your ledger.
[51:36.000 --> 51:38.000]  Okay, I'm going to go.
[51:38.000 --> 51:42.000]  The research is nicely done.
[51:42.000 --> 51:45.000]  Okay, does he have anything else for us?
[51:45.000 --> 51:47.000]  Well, yes.
[51:47.000 --> 51:50.000]  I don't know if you remember last night, but I called you last night.
[51:50.000 --> 51:53.000]  Yes, I definitely remember.
[51:53.000 --> 51:57.000]  Okay.
[51:57.000 --> 52:00.000]  After I had to talk to you last night, I had a little bit of a headache,
[52:00.000 --> 52:05.000]  so I just kind of went to sleep and said, heck with it for the night.
[52:05.000 --> 52:16.000]  I got up this morning and it just hit me out of nowhere why the court doesn't have any record
[52:16.000 --> 52:21.000]  of those two liens that I was talking to you about.
[52:21.000 --> 52:29.000]  In Indiana, in our administrative rules, it's Administrative Rule 7.
[52:29.000 --> 52:33.000]  It's Judicial Retention Schedule.
[52:33.000 --> 52:44.000]  They have, under the authority to dispose of records, they've got a clause that says
[52:44.000 --> 52:51.000]  prior to disposal, judicial records not listed on the schedule.
[52:51.000 --> 52:58.000]  In a special circumstance, it necessitates the disposal of judicial records.
[52:58.000 --> 53:03.000]  Any court officer may seek written authorization from the division
[53:03.000 --> 53:09.000]  of the state court administration to destroy those records.
[53:09.000 --> 53:13.000]  And I've been doing a little research today.
[53:13.000 --> 53:19.000]  These attorneys screw up or they have some shady deals going on.
[53:19.000 --> 53:25.000]  They use this rule a lot to get that record disposed of,
[53:25.000 --> 53:32.000]  but they keep a copy of the judgment so they can still enforce it.
[53:32.000 --> 53:36.000]  That way, when people like me or another attorney call in a couple years later
[53:36.000 --> 53:39.000]  to try to figure out what's going on, the court doesn't have,
[53:39.000 --> 53:47.000]  the court clerk don't have any record to give to you so you can read it and see.
[53:47.000 --> 53:48.000]  Wait a minute.
[53:48.000 --> 53:55.000]  Something sounds really wrong with that because they have to,
[53:55.000 --> 54:06.000]  even Indiana actually lets them destroy court records with no copy anywhere.
[54:06.000 --> 54:09.000]  I've never heard of any place that allows that.
[54:09.000 --> 54:17.000]  Everybody, they're allowed to destroy the hard copy records now,
[54:17.000 --> 54:20.000]  but they have to maintain copies of some sort.
[54:20.000 --> 54:29.000]  First they went to Microfish and now they've gone to Electronic.
[54:29.000 --> 54:31.000]  There has to be some other provision.
[54:31.000 --> 54:35.000]  We're missing something.
[54:35.000 --> 54:39.000]  The law is really well constructed.
[54:39.000 --> 54:48.000]  You can look at this and see where this could have major serious ramifications.
[54:48.000 --> 54:52.000]  There are remedies written into the law.
[54:52.000 --> 54:56.000]  They're not written into the law to protect you.
[54:56.000 --> 55:07.000]  The guys who write the laws and the guys who lobby the electorate to write laws,
[55:07.000 --> 55:09.000]  they're scoundrels.
[55:09.000 --> 55:12.000]  They're dirty, rotten, low-down scoundrels.
[55:12.000 --> 55:18.000]  They know that all the rest of these guys like them are dirty, rotten, low-down scoundrels.
[55:18.000 --> 55:27.000]  They have to have tools in there to protect them from the other scoundrels.
[55:27.000 --> 55:34.000]  To allow them to file pleadings and make horrible mistakes in law
[55:34.000 --> 55:41.000]  and then have those essentially expunged from the record, it's just not right.
[55:41.000 --> 55:42.000]  Something's wrong there.
[55:42.000 --> 55:46.000]  We're missing something.
[55:46.000 --> 55:55.000]  Scoundrels are not going to want to allow another scoundrel to get away with screwing them.
[55:55.000 --> 55:57.000]  So it's got to be something else.
[55:57.000 --> 56:10.000]  What I've heard is going on, I can't prove this, is they'll get these sewer liens to the sanitary district.
[56:10.000 --> 56:19.000]  And in the case where he's the landlord and the tenant, they'll sue both the landlord and the tenant.
[56:19.000 --> 56:25.000]  And the judge will do like in my case, fine them jointly, severely responsible.
[56:25.000 --> 56:31.000]  They'll chase down the owner of the property, get the money from him,
[56:31.000 --> 56:37.000]  and then they'll petition to have the records destroyed.
[56:37.000 --> 56:41.000]  And then they'll also go after the, after they do that,
[56:41.000 --> 56:49.000]  they'll turn around and go after the tenant and collect it twice because they've got a judgment.
[56:49.000 --> 56:53.000]  But joint severely doesn't mean both parties pay the same thing.
[56:53.000 --> 56:57.000]  That means they can collect it from either one of the parties or both of them combined.
[56:57.000 --> 57:03.000]  As long as the original amount of the debt's paid, they can't double dip.
[57:03.000 --> 57:13.000]  Yeah, but that's really, really dangerous for them unless the second time they collect,
[57:13.000 --> 57:20.000]  they secret the funds to some other place because this is going to leave an audit trail.
[57:20.000 --> 57:23.000]  Yeah.
[57:23.000 --> 57:27.000]  You know, somebody may be in there stealing some of the money
[57:27.000 --> 57:33.000]  because you're going to have an auditor come in there and he's going to see the billing for the sewage
[57:33.000 --> 57:36.000]  and he's going to see the income from the sewage.
[57:36.000 --> 57:40.000]  And those two need to match.
[57:40.000 --> 57:45.000]  If they don't, the auditor is going to raise an issue.
[57:45.000 --> 57:50.000]  So the only way they could get away with this is somebody's in there stealing the money.
[57:50.000 --> 57:51.000]  Yeah.
[57:51.000 --> 57:55.000]  That would sure make it interesting.
[57:55.000 --> 57:59.000]  I can't agree with none of that.
[57:59.000 --> 58:03.000]  Well, you might do a little research.
[58:03.000 --> 58:08.000]  You might find something that will set you up for a private attorney general suit
[58:08.000 --> 58:15.000]  and get them to pay you for all your research when you sue them.
[58:15.000 --> 58:17.000]  Okay, we're about to go to break.
[58:17.000 --> 58:20.000]  Do you have anything else for us?
[58:20.000 --> 58:26.000]  No, not right now. I just want to throw that in there and let you guys know what I found out on that.
[58:26.000 --> 58:30.000]  Okay, we're about to go to break. I've got to drop off.
[58:30.000 --> 58:36.000]  This is Randy Kelton, Wheelbarrow Radio, our call-in number, 512-646-1984.
[58:36.000 --> 58:40.000]  And this is a top-of-the-hour break, so we have a little time.
[58:40.000 --> 58:45.000]  Go to Globos Radio Network and look at some of our sponsors.
[58:45.000 --> 58:50.000]  Help support the network. We'll be right back.
[59:15.000 --> 59:18.000]  We'll be right back.
[59:45.000 --> 59:53.000]  Or visit us online at bfa.org.
[59:53.000 --> 01:00:03.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.000 --> 01:00:07.000]  The following use flash is brought to you by the Lone Star Lowdown,
[01:00:07.000 --> 01:00:10.000]  providing your daily bulletins for the commodity market.
[01:00:10.000 --> 01:00:22.000]  Today in history, news updates and the inside scoop into the tides of the alternatives.
[01:00:22.000 --> 01:00:29.000]  Markets for the 1st of October 2015 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 --> 01:00:44.000]  Texas crude at $45.09 a barrel, and Bitcoin is currently sitting at about $239 U.S. currency.
[01:00:44.000 --> 01:00:50.000]  Today in history, Friday, October 1st, 1982, 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 --> 01:01:04.000]  is released in Japan for 168,000 yen, roughly $730 U.S. dollars in 1982.
[01:01:04.000 --> 01:01:10.000]  In recent news, 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 will 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 --> 01:01:36.000]  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 --> 01:01:53.000]  in which the driver faces the same fine even if he or she wasn't the one smoking
[01:01:53.000 --> 01:01:55.000]  with the children inside 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 --> 01:02:19.000]  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 --> 01:02:25.000]  could be given away as presents over the holiday season this year,
[01:02:25.000 --> 01:02:28.000]  according to what a Federal Aviation Administration official stated
[01:02:28.000 --> 01:02:31.000]  in a recent conference noted by Aviation Week.
[01:02:31.000 --> 01:02:34.000]  If you plan on getting a drone for yourself or family member,
[01:02:34.000 --> 01:02:43.000]  be sure to check out and share the basic guidelines on the FAA web page.
[01:02:43.000 --> 01:02:46.000]  The Lowstar Lowdown is currently looking for sponsors,
[01:02:46.000 --> 01:02:49.000]  so if you have a product or service you'd like to advertise here,
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[01:02:54.000 --> 01:03:01.000]  This has been your Lowdown for October 1, 2013.
[01:03:01.000 --> 01:03:22.000]  Music
[01:03:22.000 --> 01:03:26.000]  Okay, we are back, Randy Kelton, Google Law Radio,
[01:03:26.000 --> 01:03:29.000]  and we're going up onto Shane in New York.
[01:03:29.000 --> 01:03:34.000]  Hello, Shane, what do you have for us tonight?
[01:03:34.000 --> 01:03:36.000]  Randy, how are you doing? I just want to let you...
[01:03:36.000 --> 01:03:38.000]  I'm doing good.
[01:03:38.000 --> 01:03:40.000]  I haven't talked to you in a very long time.
[01:03:40.000 --> 01:03:45.000]  I just want to let you know that it's definitely not me.
[01:03:45.000 --> 01:03:49.000]  Wait a minute, did I lose you?
[01:03:49.000 --> 01:03:56.000]  No, that definitely was not me. I know I'm in New York, but I'm in a pretty quiet area.
[01:03:56.000 --> 01:04:01.000]  Oh, okay. What do you have for us tonight?
[01:04:01.000 --> 01:04:08.000]  Okay, so anyway, we had a foreclosure case I was talking to you back in the springtime.
[01:04:08.000 --> 01:04:10.000]  The state court dropped the judgment.
[01:04:10.000 --> 01:04:14.000]  But before they dropped the judgment, we filed a rate cover of tabloids.
[01:04:14.000 --> 01:04:21.000]  And based on William McAfee's affidavits, how they did not lose the note
[01:04:21.000 --> 01:04:26.000]  and how they re-recorded the mortgage about two weeks before they filed the complaint.
[01:04:26.000 --> 01:04:31.000]  So they filed a motion to dismiss in the federal court,
[01:04:31.000 --> 01:04:41.000]  stating that the Rupert Fieldman Doctrine bars a revisit of the state judgment.
[01:04:41.000 --> 01:04:44.000]  So that's what they filed a motion about two weeks ago.
[01:04:44.000 --> 01:04:48.000]  They were finally properly served about maybe a month ago.
[01:04:48.000 --> 01:04:52.000]  And that motion is...
[01:04:52.000 --> 01:04:55.000]  Wait a minute, I missed something.
[01:04:55.000 --> 01:04:59.000]  Did they get an adjudication in the federal court?
[01:04:59.000 --> 01:05:03.000]  Not yet. We're in the process of that taking place.
[01:05:03.000 --> 01:05:09.000]  We responded, they responded on Monday, and it's going to be heard within the next week or two.
[01:05:09.000 --> 01:05:13.000]  Okay, I've missed something.
[01:05:13.000 --> 01:05:19.000]  You were in the Fed, they dismissed the Fed, and moved down to the state.
[01:05:19.000 --> 01:05:22.000]  No, the state judgment dropped.
[01:05:22.000 --> 01:05:25.000]  But we filed it before the judgment dropped, the writ of repellent,
[01:05:25.000 --> 01:05:30.000]  based on all the fraud going on in the state court.
[01:05:30.000 --> 01:05:34.000]  So the lender filed a motion to dismiss the repellent,
[01:05:34.000 --> 01:05:42.000]  stating that they cannot hear a state judgment.
[01:05:42.000 --> 01:05:46.000]  I'm missing something here.
[01:05:46.000 --> 01:05:48.000]  I think you're assuming I know something I don't.
[01:05:48.000 --> 01:05:52.000]  Okay, you had a state issue, a state foreclosure.
[01:05:52.000 --> 01:05:54.000]  Correct.
[01:05:54.000 --> 01:05:59.000]  And there was a ruling in the state foreclosure.
[01:05:59.000 --> 01:06:03.000]  Right, they granted summary judgment, and then they filed a judgment.
[01:06:03.000 --> 01:06:07.000]  Okay, granted whose summary judgment?
[01:06:07.000 --> 01:06:09.000]  For the lender.
[01:06:09.000 --> 01:06:14.000]  And then you filed a federal case?
[01:06:14.000 --> 01:06:16.000]  Correct.
[01:06:16.000 --> 01:06:25.000]  And the Feds are saying they can't go down and disrupt the state adjudication.
[01:06:25.000 --> 01:06:27.000]  They can't rehear it.
[01:06:27.000 --> 01:06:28.000]  That's what...
[01:06:28.000 --> 01:06:30.000]  Debarca Feldman, is that correct?
[01:06:30.000 --> 01:06:32.000]  That's the Lerver-Steelman doctor,
[01:06:32.000 --> 01:06:35.000]  and that's what the plaintiff said from the state,
[01:06:35.000 --> 01:06:38.000]  which is the defendant in the federal proceeding, correct?
[01:06:38.000 --> 01:06:41.000]  That would be preemption.
[01:06:41.000 --> 01:06:47.000]  And the federal court will accept the adjudication in the state court
[01:06:47.000 --> 01:06:49.000]  since there was an adjudication,
[01:06:49.000 --> 01:06:52.000]  and the federal court's not going to interfere with that.
[01:06:52.000 --> 01:06:59.000]  You'd have to find a way to disrupt that adjudication in the state court.
[01:06:59.000 --> 01:07:01.000]  How did they get...
[01:07:01.000 --> 01:07:03.000]  Okay, they got a summary judgment.
[01:07:03.000 --> 01:07:07.000]  Did you appeal to summary judgment?
[01:07:07.000 --> 01:07:14.000]  Yes, that appeal is going to be filed here at the end of the month in the college court.
[01:07:14.000 --> 01:07:15.000]  Yeah, okay.
[01:07:15.000 --> 01:07:17.000]  Yeah, the Feds are not...
[01:07:17.000 --> 01:07:24.000]  They won't interfere with anything that's before the state court.
[01:07:24.000 --> 01:07:30.000]  So in the federal suit, are you bringing issues that are also in the state court?
[01:07:30.000 --> 01:07:32.000]  These are brand new issues,
[01:07:32.000 --> 01:07:35.000]  and those new issues would spoil McCaffrey's affidavit
[01:07:35.000 --> 01:07:37.000]  that the note was not lost, Wells Fargo did have it,
[01:07:37.000 --> 01:07:40.000]  and Wells Fargo is not the real party's interest in the state court,
[01:07:40.000 --> 01:07:42.000]  and they re-recorded the document,
[01:07:42.000 --> 01:07:44.000]  so we have a supplemental affidavit on top of that.
[01:07:44.000 --> 01:07:46.000]  These are two new issues.
[01:07:46.000 --> 01:07:53.000]  Okay, but how did they get summary judgment when they claimed they had a lost instrument?
[01:07:53.000 --> 01:07:59.000]  Because they said in the transcripts that they were the holder of the note.
[01:07:59.000 --> 01:08:05.000]  Yeah, okay, I can say I'm God, too, and nobody's going to buy that story.
[01:08:05.000 --> 01:08:08.000]  Do they have evidence to establish...
[01:08:08.000 --> 01:08:16.000]  Okay, is this entity the original lender?
[01:08:16.000 --> 01:08:19.000]  Yes.
[01:08:19.000 --> 01:08:34.000]  Is there any indication that this entity sold a beneficial interest of the note to a third party?
[01:08:34.000 --> 01:08:36.000]  Yes, we have that.
[01:08:36.000 --> 01:08:39.000]  Okay.
[01:08:39.000 --> 01:08:46.000]  Are there any assignments of the security instrument in the record?
[01:08:46.000 --> 01:08:50.000]  Yes, which were all recorded two weeks before they filed a complaint.
[01:08:50.000 --> 01:08:57.000]  So who was the party who initiated the foreclosure?
[01:08:57.000 --> 01:09:04.000]  It was a private party, and they assigned the note to themselves.
[01:09:04.000 --> 01:09:08.000]  Wait, wait, I missed some of that. Say that again.
[01:09:08.000 --> 01:09:12.000]  A private party, not a financial institution, a private party,
[01:09:12.000 --> 01:09:16.000]  like Mr. and Mrs. Jones loaned you the money.
[01:09:16.000 --> 01:09:22.000]  They wrote a promissory note, and what they did is they deposited it into Wells Fargo Trust.
[01:09:22.000 --> 01:09:28.000]  And then they turned around and said they lost it.
[01:09:28.000 --> 01:09:33.000]  Well, there may be another way of going about this if you could prove they didn't lose it.
[01:09:33.000 --> 01:09:37.000]  Okay, you said they deposited it.
[01:09:37.000 --> 01:09:40.000]  What does that mean, deposited it?
[01:09:40.000 --> 01:09:44.000]  I'm reading exactly what it says from the affidavit from William McCaffrey,
[01:09:44.000 --> 01:09:48.000]  which is an expert eyewitness, and we talked briefly before on William McCaffrey.
[01:09:48.000 --> 01:09:51.000]  Do you recall about maybe three months ago?
[01:09:51.000 --> 01:09:53.000]  Yes, I do.
[01:09:53.000 --> 01:09:56.000]  And what I want to tell you, I'm starting to back up for a second.
[01:09:56.000 --> 01:09:57.000]  I forgot to tell you this.
[01:09:57.000 --> 01:10:04.000]  The Rooker, Fieldman, and Docter, there's one exception to the rule, actually two, fundamental right and fraud.
[01:10:04.000 --> 01:10:06.000]  Then the federal courts can hear it.
[01:10:06.000 --> 01:10:11.000]  If there's fraud in the state record or perjury, the federal courts will reopen it,
[01:10:11.000 --> 01:10:16.000]  and they will say we can hear this case because it's based on the fraud exception.
[01:10:16.000 --> 01:10:19.000]  Okay.
[01:10:19.000 --> 01:10:22.000]  Did you file under that exception?
[01:10:22.000 --> 01:10:23.000]  Oh, yeah.
[01:10:23.000 --> 01:10:24.000]  Oh, yes.
[01:10:24.000 --> 01:10:29.000]  And I brought many cases up from the First Circuit, Second Circuit, all the way up to the 11th.
[01:10:29.000 --> 01:10:37.000]  They all have, you know, pretty much have a cookie cutter that fraud wipes not everything.
[01:10:37.000 --> 01:10:39.000]  They can hear it now.
[01:10:39.000 --> 01:10:43.000]  Fraud mediates everything.
[01:10:43.000 --> 01:10:56.000]  You know, in Texas, we have homestead rules, and you can't touch somebody's homesteaded property unless they committed fraud.
[01:10:56.000 --> 01:11:03.000]  And if you have a claim against them based on fraud, you can even take their homesteaded property.
[01:11:03.000 --> 01:11:06.000]  Nothing's protected against fraud.
[01:11:06.000 --> 01:11:07.000]  Right.
[01:11:07.000 --> 01:11:12.000]  Anyway, go ahead.
[01:11:12.000 --> 01:11:13.000]  So that's what I wanted to tell you.
[01:11:13.000 --> 01:11:17.000]  Are you familiar with the Rooker, Fieldman, Docter?
[01:11:17.000 --> 01:11:20.000]  Wait, I'm having a little trouble understanding you.
[01:11:20.000 --> 01:11:23.000]  You're talking faster than I can listen.
[01:11:23.000 --> 01:11:26.000]  The Rooker, Fieldman, Docter?
[01:11:26.000 --> 01:11:29.000]  Yeah, I'm familiar with the Rooker, Fieldman.
[01:11:29.000 --> 01:11:30.000]  Okay.
[01:11:30.000 --> 01:11:35.000]  So what I did is I did a lot of research from the West Law, and I went to each circuit.
[01:11:35.000 --> 01:11:43.000]  And all the circuits have pretty much consented and agreed that if it's a fraud issue from the state court, if it's, you know,
[01:11:43.000 --> 01:11:53.000]  perjury or issue of the note, like you and I talked about, that wipes out everything, that's when they can actually hear a state judgment.
[01:11:53.000 --> 01:12:04.000]  So that's how you brought it into the court, and that's how the other side is asking the court to dismiss it based on Rooker, Fieldman.
[01:12:04.000 --> 01:12:05.000]  Exactly.
[01:12:05.000 --> 01:12:06.000]  They never even answered the writ.
[01:12:06.000 --> 01:12:07.000]  They won't touch the note.
[01:12:07.000 --> 01:12:10.000]  They won't touch the re-recording of the mortgage.
[01:12:10.000 --> 01:12:15.000]  All they said, this court has no jurisdiction pursuant to the Rooker, Fieldman, Docter.
[01:12:15.000 --> 01:12:25.000]  Did they stipulate precisely how the Rooker, Fieldman, Docter, and applied to your pleading?
[01:12:25.000 --> 01:12:27.000]  No.
[01:12:27.000 --> 01:12:33.000]  Did it move to strike the pleading as frivolous and insufficient?
[01:12:33.000 --> 01:12:35.000]  Gotcha.
[01:12:35.000 --> 01:12:47.000]  If they just said it applies to Rooker, that it's barred by Rooker, Fieldman, they got to tell you exactly how.
[01:12:47.000 --> 01:12:56.000]  So instead of saying, a lot of times in law we have to be careful about what we fight.
[01:12:56.000 --> 01:13:03.000]  And the first thing you want to do when you look at a pleading is see if the pleading is sufficient on its face.
[01:13:03.000 --> 01:13:07.000]  If it's sufficient on its face, don't go to the merits of the pleading.
[01:13:07.000 --> 01:13:13.000]  Go to the lack of sufficiency in the first place.
[01:13:13.000 --> 01:13:14.000]  Gotcha.
[01:13:14.000 --> 01:13:26.000]  And so I would definitely move to strike the pleading as insufficient because it doesn't state any grounds for Rooker, Fieldman application.
[01:13:26.000 --> 01:13:27.000]  Right, yeah.
[01:13:27.000 --> 01:13:28.000]  That makes a lot of sense.
[01:13:28.000 --> 01:13:35.000]  So you're saying a motion to strike based on, how do you say it again, Randy?
[01:13:35.000 --> 01:13:37.000]  Frivolous or insufficient.
[01:13:37.000 --> 01:13:41.000]  Let me bring up another caller we have.
[01:13:41.000 --> 01:13:43.000]  Hello, Mr. Jeff.
[01:13:43.000 --> 01:13:45.000]  Hello there, Mr. Randy.
[01:13:45.000 --> 01:13:52.000]  And sir, it's Feldman, F-E-L-D-M-A-N, not Fieldman.
[01:13:52.000 --> 01:14:02.000]  And there is a Supreme Court decision handed down in 2010 you need to go look at.
[01:14:02.000 --> 01:14:05.000]  Okay, what decision was that?
[01:14:05.000 --> 01:14:14.000]  Well, basically it claimed up to the abusers that had been accumulated in the doctrine since back in the mid-'40s when it was first struck.
[01:14:14.000 --> 01:14:26.000]  But he's right, fraud upon the court can be challenged in any court at any time.
[01:14:26.000 --> 01:14:29.000]  So what is the 2000 case?
[01:14:29.000 --> 01:14:42.000]  He doesn't realize it, but what he has done here is he has formulated a collateral attack.
[01:14:42.000 --> 01:14:48.000]  Yes, you're talking about in the federal, his federal suit is a collateral attack.
[01:14:48.000 --> 01:14:50.000]  He doesn't attack the issues.
[01:14:50.000 --> 01:14:54.000]  It's a collateral attack for fraud upon the court.
[01:14:54.000 --> 01:14:56.000]  Okay.
[01:14:56.000 --> 01:14:59.000]  What's the citation of the Supreme Court, 2007?
[01:14:59.000 --> 01:15:02.000]  I do not know.
[01:15:02.000 --> 01:15:07.000]  Now that is just wrong.
[01:15:07.000 --> 01:15:10.000]  That's just wrong on so many levels.
[01:15:10.000 --> 01:15:13.000]  You hold that out there like a carrot.
[01:15:13.000 --> 01:15:16.000]  Oh, oh, I can't believe you did that to us.
[01:15:16.000 --> 01:15:19.000]  You can Google it and get it just like I did.
[01:15:19.000 --> 01:15:24.000]  But I'll do a search for it and see if I can find it for you.
[01:15:24.000 --> 01:15:26.000]  I'm just teasing you.
[01:15:26.000 --> 01:15:34.000]  Yes, if we do Rook or Feldman 2014, we ought to find it.
[01:15:34.000 --> 01:15:36.000]  All right.
[01:15:36.000 --> 01:15:39.000]  All right, let's see here.
[01:15:39.000 --> 01:15:41.000]  But you have the right guy here.
[01:15:41.000 --> 01:15:45.000]  This is the guy that knows everything there is to know about FTCPA.
[01:15:45.000 --> 01:15:52.000]  No, I don't.
[01:15:52.000 --> 01:15:54.000]  Go on with your conversations.
[01:15:54.000 --> 01:15:58.000]  Yeah, Brandon, I just want to keep on talking to you real quick here.
[01:15:58.000 --> 01:16:01.000]  Okay.
[01:16:01.000 --> 01:16:05.000]  Shane, you do know who you're talking to, don't you?
[01:16:05.000 --> 01:16:07.000]  I know I'm talking to you.
[01:16:07.000 --> 01:16:09.000]  I'm not sure who that is on the other line.
[01:16:09.000 --> 01:16:15.000]  That's Jeff Cedric with the – it's not your remedy.
[01:16:15.000 --> 01:16:18.000]  He's in the law anymore.
[01:16:18.000 --> 01:16:22.000]  He's my resident expert on this subject.
[01:16:22.000 --> 01:16:23.000]  Gotcha.
[01:16:23.000 --> 01:16:24.000]  Okay.
[01:16:24.000 --> 01:16:25.000]  I've heard of the name before.
[01:16:25.000 --> 01:16:27.000]  Yes, how are you doing?
[01:16:27.000 --> 01:16:28.000]  Okay.
[01:16:28.000 --> 01:16:30.000]  Hang on a second.
[01:16:30.000 --> 01:16:31.000]  Sure, sure.
[01:16:31.000 --> 01:16:38.000]  That's not the one in PDF.
[01:16:38.000 --> 01:16:39.000]  Okay, hang on.
[01:16:39.000 --> 01:16:41.000]  We'll pick this up on the other side.
[01:16:41.000 --> 01:16:47.000]  This is Randy Kelton, Rural Law Radio, our calling number, 512-646-1984.
[01:16:47.000 --> 01:16:51.000]  And during the break, go have a look at our sponsors.
[01:16:51.000 --> 01:16:56.000]  And if you're interested in our subject matter here, you should look at jurisdiction therapy.
[01:16:56.000 --> 01:16:58.000]  It will really bring you up to speed.
[01:16:58.000 --> 01:17:00.000]  We'll be right back.
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[01:19:25.000 --> 01:19:40.000]  Okay, we are back.
[01:19:40.000 --> 01:19:49.000]  Randy Kelton, Boulevard Radio, here with Shaney, New York and our special guest, Mr. Cedric.
[01:19:49.000 --> 01:20:03.000]  Okay, Randy, the updated update from the Supreme Court and the Rooker-Feldman Doctrine is sitting in your Skype, your Skype, not the logo of your Skype.
[01:20:03.000 --> 01:20:10.000]  So if your friend would like to send, your caller would like to send an email, you've got it to send to him.
[01:20:10.000 --> 01:20:11.000]  Yes.
[01:20:11.000 --> 01:20:18.000]  2006, not 2007, I mean 2010.
[01:20:18.000 --> 01:20:29.000]  Okay, Shane, if you'll send me an email at Randy at Wheelblog Radio, I will forward this to you.
[01:20:29.000 --> 01:20:33.000]  Randy, I'll email you as soon as we get off the show.
[01:20:33.000 --> 01:20:35.000]  Okay, now here's the thing you have to understand.
[01:20:35.000 --> 01:20:44.000]  It's updated and what they basically did is they reset it back to when it was originally struck because over the years,
[01:20:44.000 --> 01:20:56.000]  the courts had managed to corrupt the doctrine to the point that it was used by the courts to basically dismiss any and all pro-safe filings.
[01:20:56.000 --> 01:21:00.000]  That's correct.
[01:21:00.000 --> 01:21:04.000]  So the Supreme Court reset it.
[01:21:04.000 --> 01:21:10.000]  And one of the things they say in it is people have gotten up to a lot of mischief with it.
[01:21:10.000 --> 01:21:19.000]  And as I also said earlier, you may not realize it, but rather than to file a motion to vacate,
[01:21:19.000 --> 01:21:28.000]  what you've done in your federal filing is file a collateral attack to vacate.
[01:21:28.000 --> 01:21:37.000]  And this case is Lance V. Dennis, Colorado Secretary of State.
[01:21:37.000 --> 01:21:46.000]  The Rooker-Felman doctrine prevents the lower federal courts from exercising jurisdiction over cases brought by state court losers,
[01:21:46.000 --> 01:21:52.000]  challenging state court judgments rendered before the district court proceedings commenced.
[01:21:52.000 --> 01:21:57.000]  ExxonMobil v. Saudi Basic Industries Corp.
[01:21:57.000 --> 01:22:05.000]  In this case, the district court dismissed plaintiff's suit on the ground that they were in privity with a state court loser.
[01:22:05.000 --> 01:22:16.000]  We hold that the Rooker-Felman doctrine does not bar plaintiffs from proceedings and vacate the district court's judgment.
[01:22:16.000 --> 01:22:22.000]  Anyway, I'll have to read the whole thing, but that's an interesting one.
[01:22:22.000 --> 01:22:32.000]  Because Rooker-Felman, you know, when I was helping people sue the lenders, we got Rooker-Felman all the time.
[01:22:32.000 --> 01:22:38.000]  Yeah. Well, some of them are still operating on that pre-2006 decision,
[01:22:38.000 --> 01:22:47.000]  where it basically gave the federal courts the opportunity to dismiss a pro se out of hand,
[01:22:47.000 --> 01:23:00.000]  or even if it wasn't a pro se, somebody who was trying to appeal through the federal courts, the state court decision.
[01:23:00.000 --> 01:23:04.000]  Okay. Thank you.
[01:23:04.000 --> 01:23:10.000]  So does that pretty well cover your issue, Shane?
[01:23:10.000 --> 01:23:17.000]  Absolutely. You know, what I wanted to say to you earlier is that the district court in the Second Circuit,
[01:23:17.000 --> 01:23:20.000]  where we're located in New York, which is New York and Connecticut,
[01:23:20.000 --> 01:23:28.000]  and it's amazing because the majority of the district courts have ruled and agreed on what he just said.
[01:23:28.000 --> 01:23:31.000]  There's no real mandate behind the Second Circuit.
[01:23:31.000 --> 01:23:35.000]  It's one of the very few circuits that there's no mandate.
[01:23:35.000 --> 01:23:40.000]  It's kind of left wide open. It's a discretionary decision by the district judge,
[01:23:40.000 --> 01:23:45.000]  and it's a conflict within our own Second Circuit here in New York, even to this very damn day.
[01:23:45.000 --> 01:23:48.000]  There's no real mandate.
[01:23:48.000 --> 01:24:11.000]  So you need to find a way to craft a case for them to settle this disagreement between the circuits of this confusion.
[01:24:11.000 --> 01:24:18.000]  Can you explain where the differences lie?
[01:24:18.000 --> 01:24:26.000]  It's not quite as general as a district court just being able to throw out a pro se litigant.
[01:24:26.000 --> 01:24:33.000]  It has to be more specific than that.
[01:24:33.000 --> 01:24:39.000]  Shane, you seem familiar with the circuit decisions.
[01:24:39.000 --> 01:24:46.000]  Where are the differences or disagreements between the circuits in Brooker Field?
[01:24:46.000 --> 01:24:49.000]  I'll tell you real quickly from what I had access to the last law.
[01:24:49.000 --> 01:24:54.000]  I'll tell you right now, Randy, there was only probably eight cases that he had talked about,
[01:24:54.000 --> 01:25:00.000]  and the majority of the district courts have said that there's clear fraud.
[01:25:00.000 --> 01:25:06.000]  The courts have jurisdiction to review the matter, just like he was saying, a collateral attack.
[01:25:06.000 --> 01:25:10.000]  So it's amazing how he said that, because that's what they were saying in the district courts.
[01:25:10.000 --> 01:25:16.000]  But when you go to the Second Circuit Court of Appeals, and there's no real mandate,
[01:25:16.000 --> 01:25:22.000]  the Second Circuit has even said, and I don't have the reading in front of me,
[01:25:22.000 --> 01:25:28.000]  but they said they don't even have jurisdiction even if it's fraud, and there's no but.
[01:25:28.000 --> 01:25:37.000]  The good news is the district courts have authority to open it up and review it and dismiss or hear the case.
[01:25:37.000 --> 01:25:43.000]  Okay, well, the problem when I hear that kind of reading of a case,
[01:25:43.000 --> 01:25:48.000]  it kind of takes me back to what I'm seeing in Jenkins.
[01:25:48.000 --> 01:25:53.000]  They're saying that Jenkins says that the borrower has no standing.
[01:25:53.000 --> 01:25:57.000]  That's not really what Jenkins says.
[01:25:57.000 --> 01:26:05.000]  So I'm thinking in this case, what the court is saying, referring to a case,
[01:26:05.000 --> 01:26:11.000]  when an opportunistic lawyer pulls this case,
[01:26:11.000 --> 01:26:27.000]  it may be that that particular case, because of some particular facts, is not appealable even if they show fraud.
[01:26:27.000 --> 01:26:32.000]  I could imagine facts where that would be the case.
[01:26:32.000 --> 01:26:39.000]  If someone trying to appeal this issue, claiming fraud when they come to the court with unclean hands,
[01:26:39.000 --> 01:26:46.000]  and then the court would say, even if you're claiming fraud because you got unclean hands, you can't bring the issue.
[01:26:46.000 --> 01:26:53.000]  And then an opportunistic lawyer would take that and leave out the part that you have unclean hands
[01:26:53.000 --> 01:26:57.000]  and claim that even if there's fraud, you can't raise it.
[01:26:57.000 --> 01:27:02.000]  Have you looked closely at why the court ruled that way?
[01:27:02.000 --> 01:27:11.000]  That sounds like the ruling that seems to be at odds with everything else.
[01:27:11.000 --> 01:27:16.000]  Did you bring in a civil procedure statute to base your claim on?
[01:27:16.000 --> 01:27:17.000]  Yes.
[01:27:17.000 --> 01:27:19.000]  Which one?
[01:27:19.000 --> 01:27:24.000]  Yes, I don't have the pleading in front of me, but we came in with a writ of repudlment.
[01:27:24.000 --> 01:27:29.000]  I think it was Rule 62 or Rule 64.
[01:27:29.000 --> 01:27:32.000]  I forget offhand, but...
[01:27:32.000 --> 01:27:36.000]  All right, do you have a pen and paper?
[01:27:36.000 --> 01:27:38.000]  Yes, I do. Yes, I do.
[01:27:38.000 --> 01:27:48.000]  It's Rule 60B4.
[01:27:48.000 --> 01:27:50.000]  Got it.
[01:27:50.000 --> 01:27:56.000]  That's fraud upon the court.
[01:27:56.000 --> 01:27:58.000]  Rule 60B4.
[01:27:58.000 --> 01:28:08.000]  Rule 60B4, make sure you pull it out of the book that has the annotated version of it.
[01:28:08.000 --> 01:28:10.000]  Thank you.
[01:28:10.000 --> 01:28:18.000]  Because the reason why is the older books that weren't annotated didn't show it.
[01:28:18.000 --> 01:28:21.000]  But it's there.
[01:28:21.000 --> 01:28:27.000]  If you mind, Randy, if I can ask just one more question, I'll let you guys get back to your show.
[01:28:27.000 --> 01:28:33.000]  Their response was due Monday, based on our response back to their motion to dismiss for lack of jurisdiction.
[01:28:33.000 --> 01:28:37.000]  And it was only like four or five days, as long as it was ridiculous.
[01:28:37.000 --> 01:28:40.000]  And they never answered any of the records.
[01:28:40.000 --> 01:28:43.000]  He says, well, we don't need any answer because you don't have any jurisdiction.
[01:28:43.000 --> 01:28:45.000]  But there's a fraud exception to the rule.
[01:28:45.000 --> 01:28:53.000]  And once they respond on Monday, on our response, there's nothing here that we can respond back.
[01:28:53.000 --> 01:28:56.000]  Can we go ahead and respond back to their response, which would be...
[01:28:56.000 --> 01:28:58.000]  No, you can't.
[01:28:58.000 --> 01:29:01.000]  You can't without the court's permission.
[01:29:01.000 --> 01:29:04.000]  And that's a surreply.
[01:29:04.000 --> 01:29:06.000]  A surreply, correct, yes.
[01:29:06.000 --> 01:29:10.000]  So we have to file a motion for permission to answer that?
[01:29:10.000 --> 01:29:17.000]  Well, what you do is you file your motion to file a surreply and put it on top of your surreply.
[01:29:17.000 --> 01:29:18.000]  Gotcha.
[01:29:18.000 --> 01:29:19.000]  Thank you.
[01:29:19.000 --> 01:29:23.000]  I thought you said, well, thanks a lot, Randy.
[01:29:23.000 --> 01:29:29.000]  It's like when you file an amended complaint, you have to ask the court permission to file an amended complaint.
[01:29:29.000 --> 01:29:37.000]  You put the motion to file an amended complaint on top of the amended complaint and put both in at the same time.
[01:29:37.000 --> 01:29:38.000]  Exactly.
[01:29:38.000 --> 01:29:48.000]  So you show the court what you're going to amend, how you're going to make the change so they can determine whether or not it's acceptable.
[01:29:48.000 --> 01:30:05.000]  Hang on, Randy Kelton, Google Law Radio, we'll be right back.
[01:30:05.000 --> 01:30:12.000]  We've all heard that laughter is the best medicine for what ails us, but now scientists have proved it really does relieve allergies and pain.
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[01:30:31.000 --> 01:30:34.000]  Privacy, it's worth hanging on to.
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[01:30:44.000 --> 01:30:48.000]  Hoot, whoop, chortle, or giggle, however you laugh, keep it up.
[01:30:48.000 --> 01:30:51.000]  Science has confirmed a barrel of laps is good for the body.
[01:30:51.000 --> 01:30:59.000]  New studies show laughter releases feel-good brain chemicals called endorphins that can alleviate arthritis, allergy symptoms, and pain.
[01:30:59.000 --> 01:31:05.000]  Researchers tested volunteers' pain thresholds, then had them watch a comedy show like Mr. Bean.
[01:31:05.000 --> 01:31:09.000]  After just 15 minutes, their pain thresholds improved by 10 percent.
[01:31:09.000 --> 01:31:16.000]  And when allergy sufferers watched a classic Charlie Chaplin movie, their symptoms dropped by a whopping two-thirds.
[01:31:16.000 --> 01:31:21.000]  So here's a new motto for good health, a giggle a day keeps the doctor away.
[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 --> 01:31:49.000]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:54.000]  I'm not a conspiracy theorist. I'm a structural engineer. 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 --> 01:32:38.000]  To handle your claim and your roof right the first time, just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.000 --> 01:32:45.000]  Mention the crypto show and get $100 off, and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.000 --> 01:32:50.000]  So if those out of town roofers come knocking, your door should be locking.
[01:32:50.000 --> 01:32:59.000]  That's 512-992-8745 or hillcountryhomeimprovements.com. Discounts are based on full roof replacement.
[01:32:59.000 --> 01:33:02.000]  May not actually be kidding about chemtrails.
[01:33:02.000 --> 01:33:31.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:32.000 --> 01:33:35.000]  Okay, we are back. Randy Kelton.
[01:33:35.000 --> 01:33:40.000]  We'll call our radio here with Jeff Cedric, and we're talking to Shane.
[01:33:40.000 --> 01:33:45.000]  Shane, are you pretty well done for today?
[01:33:45.000 --> 01:33:49.000]  I want to thank you very much, Randy, for your help tonight.
[01:33:49.000 --> 01:33:58.000]  I'm going to go ahead and shoot you an email, and I'll forward you my response that we filed on Tuesday in the federal report regarding this issue,
[01:33:58.000 --> 01:34:04.000]  and your response to do on Monday. And I like your issue about the SPIR reply. Thank you very much.
[01:34:04.000 --> 01:34:11.000]  Okay. You are welcome. And keep us posted on how this works out for you.
[01:34:11.000 --> 01:34:13.000]  Thank you so much, guys.
[01:34:13.000 --> 01:34:14.000]  Okay. Thank you, Shane.
[01:34:14.000 --> 01:34:16.000]  You're welcome.
[01:34:16.000 --> 01:34:24.000]  And thank you, Jeff. You obviously know the federal rules of procedure way better than I do.
[01:34:24.000 --> 01:34:30.000]  One of the things I was going to suggest is he check with his local rules if he ever files an amended complaint,
[01:34:30.000 --> 01:34:37.000]  because in my particular jurisdiction, my particular district court, if you file an amended complaint,
[01:34:37.000 --> 01:34:48.000]  whether it's with permission or without permission or permission is not required, he has to file a red line with it.
[01:34:48.000 --> 01:34:52.000]  So he needs to check the local rules.
[01:34:52.000 --> 01:34:58.000]  Yes. And you spoke to that red line once before, and I have never seen that before.
[01:34:58.000 --> 01:35:02.000]  I haven't seen it before either, but they sure did require it.
[01:35:02.000 --> 01:35:06.000]  That is interesting. And the idea of red line was something I was supposed to look up.
[01:35:06.000 --> 01:35:09.000]  Explain how that works in Word.
[01:35:09.000 --> 01:35:17.000]  Well, actually, there's a little routine in Word, and I can't tell you where it is in 2010 or 13.
[01:35:17.000 --> 01:35:22.000]  I only knew where it was in 2003, but basically, you take the two documents,
[01:35:22.000 --> 01:35:26.000]  you take the original document and the new document, and you compare them,
[01:35:26.000 --> 01:35:32.000]  and it spits out a third document showing what the differences are.
[01:35:32.000 --> 01:35:37.000]  And there's a lot of – I have a lot of application for something like that.
[01:35:37.000 --> 01:35:42.000]  That was – I didn't even know that existed.
[01:35:42.000 --> 01:35:49.000]  That's why we keep Jeff around, because he's older and he's been around more.
[01:35:49.000 --> 01:35:50.000]  If you want to find out how to –
[01:35:50.000 --> 01:35:51.000]  Puts up with me.
[01:35:51.000 --> 01:35:58.000]  Call me on a Wednesday when my wife is here, and I'll have her tutor you on it.
[01:35:58.000 --> 01:35:59.000]  Okay.
[01:35:59.000 --> 01:36:05.000]  Because she has to tutor me every time I do it, because I do it so often I can remember it.
[01:36:05.000 --> 01:36:11.000]  Is she kind of an expert on Word?
[01:36:11.000 --> 01:36:14.000]  It isn't so much that she's an expert on Word.
[01:36:14.000 --> 01:36:16.000]  She's a writer-editor.
[01:36:16.000 --> 01:36:18.000]  Oh, okay.
[01:36:18.000 --> 01:36:21.000]  Because I do need a Word expert.
[01:36:21.000 --> 01:36:22.000]  She has to know how to use it.
[01:36:22.000 --> 01:36:23.000]  Okay.
[01:36:23.000 --> 01:36:33.000]  We are in the process of developing an electronic paralegal.
[01:36:33.000 --> 01:36:38.000]  And she's not going to be available for that.
[01:36:38.000 --> 01:36:39.000]  Yeah, okay.
[01:36:39.000 --> 01:36:44.000]  Because I need someone who's very familiar with the inner workings of Word.
[01:36:44.000 --> 01:36:47.000]  What I want to do – I've been trying to find it.
[01:36:47.000 --> 01:36:49.000]  Nobody's created it.
[01:36:49.000 --> 01:36:58.000]  And I got the idea when I was reading the document you sent me yesterday, the amicus brief.
[01:36:58.000 --> 01:37:03.000]  I have this 20, 30 page document, and I'm going down through it.
[01:37:03.000 --> 01:37:06.000]  And I come across a place where I had a question.
[01:37:06.000 --> 01:37:11.000]  I highlighted it and put a comment box there.
[01:37:11.000 --> 01:37:16.000]  And then when I was talking to you, I had the document open and I looked at it,
[01:37:16.000 --> 01:37:22.000]  but I didn't have in my head where that was at.
[01:37:22.000 --> 01:37:28.000]  I could have stopped and thought about it, and I'd eventually figured out where it was.
[01:37:28.000 --> 01:37:36.000]  So when I was talking to my programmer this morning, I asked him if we could develop a tool
[01:37:36.000 --> 01:37:42.000]  where I could take a PDF legal document.
[01:37:42.000 --> 01:37:51.000]  And the tool will – the first thing it would do is read the document and find all of the citations.
[01:37:51.000 --> 01:38:03.000]  When it finds a citation, go out to the web, run a search for that citation, and then set in the hyperlink.
[01:38:03.000 --> 01:38:06.000]  That's not a program. It's an assistant.
[01:38:06.000 --> 01:38:12.000]  That's – well, it's pretty straightforward because when you do a legal document,
[01:38:12.000 --> 01:38:18.000]  like if you do a writ, the Supreme wants a table of authorities.
[01:38:18.000 --> 01:38:23.000]  So Word has a tool in there where you can go mark authorities.
[01:38:23.000 --> 01:38:31.000]  Mark it as a case, statute, treatise, this whole bunch of categories.
[01:38:31.000 --> 01:38:39.000]  You mark it, and then you can go in and tell it to insert a table of authorities,
[01:38:39.000 --> 01:38:44.000]  and it will read all those and stick them in your table of authorities.
[01:38:44.000 --> 01:38:50.000]  Well, when you mark an authority, it has an option to mark all.
[01:38:50.000 --> 01:38:56.000]  That means it can read through the document and find every instance of that.
[01:38:56.000 --> 01:39:05.000]  The citation styles are consistent. All it needs is a library of styles for citations.
[01:39:05.000 --> 01:39:11.000]  And it should be able to teach a program to read the document, find the citations,
[01:39:11.000 --> 01:39:19.000]  take that citation, drop it in a search engine, and hyperlink a link to it.
[01:39:19.000 --> 01:39:23.000]  Did not have to go through and make sure the link was what I needed,
[01:39:23.000 --> 01:39:27.000]  but I could take an unhyperlinked document and hyperlink it.
[01:39:27.000 --> 01:39:34.000]  And at the same time, we have a JavaScript library for mapping.
[01:39:34.000 --> 01:39:40.000]  And it has a map tool that will put a box up in the corner.
[01:39:40.000 --> 01:39:45.000]  So you have this huge map you can only see a part of at a time.
[01:39:45.000 --> 01:39:50.000]  Well, up in the corner, like a thumbnail, is the map that you can move the mouse over,
[01:39:50.000 --> 01:39:54.000]  and you move your mouse around, and it moves around on the map.
[01:39:54.000 --> 01:39:58.000]  And you find the place you want, click on it, and it will take you to that spot.
[01:39:58.000 --> 01:40:09.000]  I want the tool to map a legal document, map it by table of contents,
[01:40:09.000 --> 01:40:17.000]  so each heading is a different map layer, map node level.
[01:40:17.000 --> 01:40:23.000]  And it will break the document down into a map where you can visually see where everything is.
[01:40:23.000 --> 01:40:29.000]  So that while you're reading the document, you're reading down a 30- or 40-page document.
[01:40:29.000 --> 01:40:35.000]  Up there in the corner, you've got a little box that's got your table of contents mapped out,
[01:40:35.000 --> 01:40:40.000]  and it's always showing you exactly where you are in the document.
[01:40:40.000 --> 01:40:45.000]  And because of the way the peripheral vision works, you see what you're looking at,
[01:40:45.000 --> 01:40:51.000]  but the peripheral vision sees where you are in context.
[01:40:51.000 --> 01:40:57.000]  So yesterday when I wanted to ask that question that I had marked in the document,
[01:40:57.000 --> 01:41:03.000]  I could have looked at that little map in the corner and known exactly where to go
[01:41:03.000 --> 01:41:08.000]  without having to lose flow.
[01:41:08.000 --> 01:41:09.000]  Does that make sense?
[01:41:09.000 --> 01:41:15.000]  I'm going to send you a link to a program you may want to take a look at.
[01:41:15.000 --> 01:41:17.000]  Okay.
[01:41:17.000 --> 01:41:21.000]  Called Scrivener.
[01:41:21.000 --> 01:41:25.000]  C-R-I-P or S-C-R-I-B?
[01:41:25.000 --> 01:41:27.000]  V is in Victor.
[01:41:27.000 --> 01:41:31.000]  Scrivener, oh, a Scrivener.
[01:41:31.000 --> 01:41:35.000]  That's familiar.
[01:41:35.000 --> 01:41:38.000]  That's for writers.
[01:41:38.000 --> 01:41:40.000]  The name Scrivener is familiar.
[01:41:40.000 --> 01:41:41.000]  I've come across the name before.
[01:41:41.000 --> 01:41:49.000]  I don't know if I have it in that particular software.
[01:41:49.000 --> 01:41:50.000]  What does Scrivener mean?
[01:41:50.000 --> 01:41:54.000]  It has to do with a scribe.
[01:41:54.000 --> 01:41:56.000]  Right.
[01:41:56.000 --> 01:42:04.000]  It's a way of boxing all your various citations you want to use,
[01:42:04.000 --> 01:42:06.000]  the language you want to use,
[01:42:06.000 --> 01:42:11.000]  everything that you want to use for a document in the little post-its
[01:42:11.000 --> 01:42:16.000]  and insert it where you want to insert it, complete with links.
[01:42:16.000 --> 01:42:18.000]  Interesting.
[01:42:18.000 --> 01:42:26.000]  I did a search on the web and I found it, Scrivener at Scrivener app Twitter,
[01:42:26.000 --> 01:42:28.000]  free trial Scrivener.
[01:42:28.000 --> 01:42:31.000]  I will have a look at that.
[01:42:31.000 --> 01:42:33.000]  No, I don't know about that.
[01:42:33.000 --> 01:42:36.000]  That doesn't sound like what I'm looking at.
[01:42:36.000 --> 01:42:41.000]  So I will drop the address for it into Skype for you.
[01:42:41.000 --> 01:42:42.000]  There it is.
[01:42:42.000 --> 01:42:44.000]  Thank you.
[01:42:44.000 --> 01:42:50.000]  It's by Literature and Latte.
[01:42:50.000 --> 01:42:52.000]  Yes, I see it there.
[01:42:52.000 --> 01:42:56.000]  I am looking for, I'm trying to design.
[01:42:56.000 --> 01:42:58.000]  Go ahead.
[01:42:58.000 --> 01:43:02.000]  We have three people who have been building their appeals case using this software
[01:43:02.000 --> 01:43:06.000]  and they swear by it.
[01:43:06.000 --> 01:43:07.000]  Wonderful.
[01:43:07.000 --> 01:43:13.000]  These people may have already done some of the programming so I won't have to.
[01:43:13.000 --> 01:43:17.000]  Yeah.
[01:43:17.000 --> 01:43:24.000]  Back to my primary skill in that of a plagiarist.
[01:43:24.000 --> 01:43:28.000]  I want to revisit if we can for just a moment.
[01:43:28.000 --> 01:43:30.000]  Was it Doug in Indiana?
[01:43:30.000 --> 01:43:32.000]  Yes.
[01:43:32.000 --> 01:43:35.000]  Okay.
[01:43:35.000 --> 01:43:36.000]  Okay, hang on.
[01:43:36.000 --> 01:43:38.000]  We're about to go to break.
[01:43:38.000 --> 01:43:41.000]  This is Randy Kelton.
[01:43:41.000 --> 01:43:43.000]  I did too.
[01:43:43.000 --> 01:43:45.000]  I was actually watching the clock for a change.
[01:43:45.000 --> 01:43:47.000]  Randy Kelton will be on our radio.
[01:43:47.000 --> 01:43:53.000]  We'll be right back and while we're on break, go have a look at our sponsors
[01:43:53.000 --> 01:43:57.000]  and especially jurisdiction area.
[01:43:57.000 --> 01:43:59.000]  It will help you keep up to speed on what we're doing.
[01:43:59.000 --> 01:44:00.000]  We'll be right back.
[01:44:00.000 --> 01:44:04.000]  Do you feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000]  Sorry.
[01:44:05.000 --> 01:44:08.000]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:08.000 --> 01:44:09.000]  What?
[01:44:09.000 --> 01:44:13.000]  You can be diagnosed with the deadliest disease known today, stupidity.
[01:44:13.000 --> 01:44:16.000]  Hi, my name is Steve Holt and like millions of other Americans,
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[01:44:19.000 --> 01:44:22.000]  I had no idea that the number one cause of the disease
[01:44:22.000 --> 01:44:25.000]  is found in almost every home in America, the television.
[01:44:25.000 --> 01:44:29.000]  Unfortunately, that puts most Americans at risk of catching stupidity,
[01:44:29.000 --> 01:44:30.000]  but there is hope.
[01:44:30.000 --> 01:44:32.000]  The staff at Brave New Books have helped me
[01:44:32.000 --> 01:44:36.000]  and thousands of other foxaholics suffering from sports zombieism recover.
[01:44:36.000 --> 01:44:39.000]  And because of Brave New Books, I now enjoy reading
[01:44:39.000 --> 01:44:43.000]  and watching educational documentaries without feeling tired or uninterested.
[01:44:43.000 --> 01:44:46.000]  So if you or anybody you know suffers from stupidity,
[01:44:46.000 --> 01:44:50.000]  then you need to call 512-480-2503
[01:44:50.000 --> 01:44:55.000]  or visit them in 1904 Guadalupe or bravenewbookstore.com.
[01:44:55.000 --> 01:44:57.000]  Side effects from using Brave New Books products may include
[01:44:57.000 --> 01:45:01.000]  discernment and enlarged vocabulary and an overall increase in mental functioning.
[01:45:01.000 --> 01:45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:26.000 --> 01:46:54.000]  OK, we are back, Randy Kelton, Rule of Law Radio,
[01:46:54.000 --> 01:47:01.000]  here with Jeff Cedric and revisiting Doug in Indiana.
[01:47:01.000 --> 01:47:05.000]  Right, just a matter of information for me,
[01:47:05.000 --> 01:47:07.000]  do we have somebody else in queue as well?
[01:47:07.000 --> 01:47:09.000]  No, we don't.
[01:47:09.000 --> 01:47:14.000]  OK, Doug said that he's been getting calls,
[01:47:14.000 --> 01:47:19.000]  I think he said from Portfolio Recovery.
[01:47:19.000 --> 01:47:22.000]  I didn't get exactly what the company was.
[01:47:22.000 --> 01:47:24.000]  OK.
[01:47:24.000 --> 01:47:28.000]  I was having a little trouble with his fidelity, he was distorting.
[01:47:28.000 --> 01:47:33.000]  With his distortion and my ear's distortion, it was too much for me.
[01:47:33.000 --> 01:47:39.000]  Well, if he's getting calls from Portfolio Recovery,
[01:47:39.000 --> 01:47:44.000]  I cannot suggest to him that he file suit under the TCPA
[01:47:44.000 --> 01:47:48.000]  because they have a day along with Midland and Capital One
[01:47:48.000 --> 01:47:54.000]  have been moving TCPA violations out into an MDL
[01:47:54.000 --> 01:48:00.000]  where they hope that it will wither and die.
[01:48:00.000 --> 01:48:03.000]  OK, but just as a matter of information,
[01:48:03.000 --> 01:48:07.000]  as far as the FDCPA is concerned,
[01:48:07.000 --> 01:48:10.000]  they have five days from the first time they contacted him
[01:48:10.000 --> 01:48:13.000]  to send him a donating letter.
[01:48:13.000 --> 01:48:16.000]  The fact that they contact him, he should be sending a dispute
[01:48:16.000 --> 01:48:18.000]  and demand for validation letter immediately.
[01:48:18.000 --> 01:48:20.000]  He doesn't have to wait until he gets a donating letter.
[01:48:20.000 --> 01:48:25.000]  If he finds somebody in his credit report that he's not heard from as of yet,
[01:48:25.000 --> 01:48:29.000]  the fact that they're in his credit report is an attempt to collect the debt.
[01:48:29.000 --> 01:48:35.000]  He should file a dispute and demand for validation as soon as he finds that.
[01:48:35.000 --> 01:48:40.000]  As well as disputing with the credit reporting agency is a validity of the debt.
[01:48:40.000 --> 01:48:46.000]  So, interesting, I need to pull my credit report
[01:48:46.000 --> 01:48:50.000]  and send everybody in there a dispute of debt.
[01:48:50.000 --> 01:48:53.000]  Well, anybody that's got negatives in there, yeah.
[01:48:53.000 --> 01:48:56.000]  Yeah, that has negatives, yes.
[01:48:56.000 --> 01:48:59.000]  Yeah, yeah.
[01:48:59.000 --> 01:49:03.000]  And, you know, I noticed that, I was listening for it,
[01:49:03.000 --> 01:49:06.000]  I noticed that he didn't say anything about having pulled his credit report
[01:49:06.000 --> 01:49:08.000]  like we suggested to him last night.
[01:49:08.000 --> 01:49:10.000]  Yes.
[01:49:10.000 --> 01:49:15.000]  You know, so there might be some others in there that he hasn't heard from yet.
[01:49:15.000 --> 01:49:18.000]  You know, it might be three, six months down the line before he hears from him,
[01:49:18.000 --> 01:49:21.000]  but he doesn't have to wait until he hears from him in order to send him a dispute
[01:49:21.000 --> 01:49:27.000]  and demand for validation because the fact that they're in his credit report,
[01:49:27.000 --> 01:49:30.000]  the course of rule, that that's an attempt to collect the debt.
[01:49:30.000 --> 01:49:36.000]  Okay, that is good news because it gives me a way to get at AT&T.
[01:49:36.000 --> 01:49:42.000]  I had an AT&T phone years ago and it was the worst phone I ever had.
[01:49:42.000 --> 01:49:48.000]  I got bad reception, bad signal strength with AT&T everywhere in the country.
[01:49:48.000 --> 01:49:53.000]  So I got rid of it and they sent me, oh, six months later,
[01:49:53.000 --> 01:49:59.000]  a debt collector called me telling me I still owed him, I think, 200 bucks.
[01:49:59.000 --> 01:50:05.000]  So I argued with him for a while and then I just paid him to get rid of it.
[01:50:05.000 --> 01:50:11.000]  I still get debt collectors contacting me to pay the 200 bucks.
[01:50:11.000 --> 01:50:15.000]  That's because they sold the debt to a debt collector and he collects on it
[01:50:15.000 --> 01:50:20.000]  and then once he collects on it, then he sells that debt on to somebody else.
[01:50:20.000 --> 01:50:27.000]  Okay, I get these calls and I ask them to send me a written statement
[01:50:27.000 --> 01:50:29.000]  and then I never hear from them again.
[01:50:29.000 --> 01:50:33.000]  A couple months later, I'll get a call from somebody else.
[01:50:33.000 --> 01:50:35.000]  I had trouble finding them.
[01:50:35.000 --> 01:50:40.000]  So if I'm looking at my credit, I hate everybody that sends me credit.
[01:50:40.000 --> 01:50:46.000]  Yeah, and I'll go over this again for your benefit
[01:50:46.000 --> 01:50:48.000]  and for the benefit of the listening audience.
[01:50:48.000 --> 01:50:58.000]  You go to annualcreditreport.com and when you sign up to get your credit reports,
[01:50:58.000 --> 01:51:04.000]  you get them individually, not combined
[01:51:04.000 --> 01:51:09.000]  because the combined report lacks a lot of detail that's in the individual reports.
[01:51:09.000 --> 01:51:14.000]  One of the things that will be in the individual reports that will not be in the combined
[01:51:14.000 --> 01:51:23.000]  are those people who have pulled your credit report without there being a trade line.
[01:51:23.000 --> 01:51:31.000]  And if there's a debt collector doing it, then you can go over to the FTC rules on that
[01:51:31.000 --> 01:51:34.000]  and they can't do that.
[01:51:34.000 --> 01:51:41.000]  And as I understand, that is actually criminal.
[01:51:41.000 --> 01:51:44.000]  It could be.
[01:51:44.000 --> 01:51:52.000]  I have a good friend who sued a debt collector because they did that.
[01:51:52.000 --> 01:52:00.000]  Her husband had a 1681Q, I think, or is it 1682Q?
[01:52:00.000 --> 01:52:04.000]  I'm too old to remember that.
[01:52:04.000 --> 01:52:09.000]  They pulled her credit because of her husband's card.
[01:52:09.000 --> 01:52:15.000]  And then she sued them and they paid them, they dropped the credit card debt
[01:52:15.000 --> 01:52:20.000]  and paid them to get her to go away and leave them alone.
[01:52:20.000 --> 01:52:24.000]  Yes, it's 1681Q.
[01:52:24.000 --> 01:52:27.000]  Okay, 1682.
[01:52:27.000 --> 01:52:28.000]  Right.
[01:52:28.000 --> 01:52:36.000]  15 USC, 1681Q.
[01:52:36.000 --> 01:52:47.000]  Now, I will send you, Randy, 40 years of dealing with the FCRA from the FTC.
[01:52:47.000 --> 01:52:57.000]  And even though it has what seems to be like a white paper title to it,
[01:52:57.000 --> 01:53:02.000]  it isn't a white paper, it's the regulations.
[01:53:02.000 --> 01:53:04.000]  Oh.
[01:53:04.000 --> 01:53:10.000]  So they receive Chevron deference to that paper.
[01:53:10.000 --> 01:53:13.000]  And you write the pages down, 44 and 45,
[01:53:13.000 --> 01:53:20.000]  and you will find exactly what you need right there in those pages.
[01:53:20.000 --> 01:53:21.000]  Okay.
[01:53:21.000 --> 01:53:23.000]  Okay.
[01:53:23.000 --> 01:53:26.000]  Can you send me a link to that?
[01:53:26.000 --> 01:53:27.000]  I'll send you the document.
[01:53:27.000 --> 01:53:30.000]  In fact, I think I've got it highlighted for you.
[01:53:30.000 --> 01:53:31.000]  Okay.
[01:53:31.000 --> 01:53:34.000]  What is the name of the document?
[01:53:34.000 --> 01:53:37.000]  Okay, you would ask me that.
[01:53:37.000 --> 01:53:38.000]  Okay.
[01:53:38.000 --> 01:53:44.000]  If anybody's interested in the document, if you'll send me an email,
[01:53:44.000 --> 01:53:52.000]  tell me about the document that has the FCRA.
[01:53:52.000 --> 01:53:59.000]  I take it this is not just a rote recitation of the code itself.
[01:53:59.000 --> 01:54:02.000]  No, it's the regulations.
[01:54:02.000 --> 01:54:09.000]  It's the regulations in place to enforce the code.
[01:54:09.000 --> 01:54:16.000]  It's 40 years of experience with the Fair Credit Reporting Act by the FTC,
[01:54:16.000 --> 01:54:21.000]  written into the line of 2011.
[01:54:21.000 --> 01:54:22.000]  Okay.
[01:54:22.000 --> 01:54:26.000]  If anybody's interested in that, send me an email,
[01:54:26.000 --> 01:54:38.000]  40 years of experience with the FCRA by the FTC, Federal Trade Commission.
[01:54:38.000 --> 01:54:41.000]  Did I say that right?
[01:54:41.000 --> 01:54:46.000]  Jeff?
[01:54:46.000 --> 01:54:49.000]  Sorry, I was fooling with my mute button.
[01:54:49.000 --> 01:54:53.000]  I'll send you a partially highlighted.
[01:54:53.000 --> 01:54:57.000]  Let me read it, what it says here.
[01:54:57.000 --> 01:55:00.000]  Debt collection agency, detective agency, private investigator,
[01:55:00.000 --> 01:55:05.000]  or attorney has permissible collection purpose under this section
[01:55:05.000 --> 01:55:08.000]  to obtain a consumer credit report on a consumer
[01:55:08.000 --> 01:55:11.000]  for use in obtaining payment of that consumer's account
[01:55:11.000 --> 01:55:14.000]  on behalf of a creditor.
[01:55:14.000 --> 01:55:18.000]  A creditor.
[01:55:18.000 --> 01:55:20.000]  So if he's a debt collector.
[01:55:20.000 --> 01:55:23.000]  A buyer, not a debt buyer.
[01:55:23.000 --> 01:55:29.000]  Midland, portfolio, there's oodles of debt buyers out there,
[01:55:29.000 --> 01:55:35.000]  do not have a permissible purpose in pulling your credit report.
[01:55:35.000 --> 01:55:39.000]  That's exactly how he went after it.
[01:55:39.000 --> 01:55:42.000]  Here's another thing that comes to bear.
[01:55:42.000 --> 01:55:44.000]  Once an account is paid off and closed,
[01:55:44.000 --> 01:55:47.000]  the creditor does not have permissible purpose for obtaining a consumer credit
[01:55:47.000 --> 01:55:54.000]  report from the CRA because there is no longer an account that exists to review.
[01:55:54.000 --> 01:56:00.000]  So when a creditor writes it off and sells it,
[01:56:00.000 --> 01:56:07.000]  there is no longer an account to review.
[01:56:07.000 --> 01:56:10.000]  Interesting.
[01:56:10.000 --> 01:56:12.000]  Yeah.
[01:56:12.000 --> 01:56:16.000]  So essentially, if you pay attention and do your homework,
[01:56:16.000 --> 01:56:21.000]  you can almost always hammer the collector.
[01:56:21.000 --> 01:56:24.000]  Well, here's the thing that it requires.
[01:56:24.000 --> 01:56:31.000]  And it's one thing as a culture, a population, we Americans hate to do.
[01:56:31.000 --> 01:56:37.000]  It requires that you read.
[01:56:37.000 --> 01:56:40.000]  Okay, that is a problem.
[01:56:40.000 --> 01:56:46.000]  But with the Internet, it's helping. We're reading more.
[01:56:46.000 --> 01:56:49.000]  So maybe it won't be so difficult.
[01:56:49.000 --> 01:56:52.000]  We need to find a way to motivate people to read more.
[01:56:52.000 --> 01:56:55.000]  And that's part of what this show is about.
[01:56:55.000 --> 01:56:58.000]  Everything is about doing your homework.
[01:56:58.000 --> 01:57:00.000]  Once you've got your homework done,
[01:57:00.000 --> 01:57:05.000]  then you've got all these tools you can go in there and have great fun with.
[01:57:05.000 --> 01:57:08.000]  Right.
[01:57:08.000 --> 01:57:14.000]  And not only that, but you will know what the world you are talking about.
[01:57:14.000 --> 01:57:15.000]  Yes.
[01:57:15.000 --> 01:57:23.000]  And know when the attorney on the other side is blowing smoke up your skirt.
[01:57:23.000 --> 01:57:31.000]  And it's been my experience that I very rarely come across a lawyer
[01:57:31.000 --> 01:57:36.000]  who knows what the heck he's talking about.
[01:57:36.000 --> 01:57:39.000]  They have this set of motions that they file.
[01:57:39.000 --> 01:57:43.000]  They take on a client and they go to their drawer and they pull out these motions.
[01:57:43.000 --> 01:57:44.000]  They file these motions.
[01:57:44.000 --> 01:57:46.000]  When they're finished filing these motions,
[01:57:46.000 --> 01:57:52.000]  then they have to be removed from the case.
[01:57:52.000 --> 01:57:54.000]  That's what they do.
[01:57:54.000 --> 01:57:56.000]  They don't do anything different.
[01:57:56.000 --> 01:58:00.000]  A friend of mine forced one to do something different after 20 years in practice.
[01:58:00.000 --> 01:58:05.000]  He stood before the court and shook like a leaf because he had to do something different.
[01:58:05.000 --> 01:58:07.000]  Okay, we are out of time.
[01:58:07.000 --> 01:58:09.000]  Thank you very much, Mr. Jeff.
[01:58:09.000 --> 01:58:12.000]  This is Randy Kelton, the rule of our radio.
[01:58:12.000 --> 01:58:16.000]  We'll be back next Thursday with Deborah Stevens
[01:58:16.000 --> 01:58:19.000]  and then next Friday with our four-hour info marathon.
[01:58:19.000 --> 01:58:25.000]  And make sure you check out Eddie Craig on Monday nights with his epic program.
[01:58:25.000 --> 01:58:28.000]  I might just get on the show next Monday night
[01:58:28.000 --> 01:58:33.000]  and talk about this issue we had here in Westlake, Texas.
[01:58:33.000 --> 01:58:38.000]  Now, what we're going to do is get them to follow the law the way they're supposed to.
[01:58:38.000 --> 01:58:42.000]  Thank you all for listening and good night.
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