ROL_2015-10-23_16k_Hr1-2.timecode

[00:00.000 --> 00:07.720]  The following use flash is brought to you by the Lone Star Lowdown, providing your deli
[00:07.720 --> 00:15.320]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.320 --> 00:23.360]  into the tides of the alternative.
[00:23.360 --> 00:30.040]  Updates for the 21st of October, 2015, opened up with gold at $1,166 an ounce, silver at
[00:30.040 --> 00:36.080]  $15.70 an ounce, Texas crude $45.55 a barrel, and Bitcoin is currently sitting at about
[00:36.080 --> 00:44.760]  $269 U.S. currency.
[00:44.760 --> 00:50.360]  Today in history, Friday, October 21st, 1774, the first display of the word liberty on a
[00:50.360 --> 00:53.600]  flag is raised by colonists in Taunton, Massachusetts.
[00:53.600 --> 00:56.920]  It was in defiance to British rule of colonial America.
[00:56.920 --> 01:00.800]  The Taunton flag was one of the earliest of the colonial flags and simply was the queen
[01:00.800 --> 01:04.720]  and flag with the words liberty and union sewn onto the red field.
[01:04.720 --> 01:08.720]  The Boston Evening Post reported the incident and the idea caught on.
[01:08.720 --> 01:16.640]  Flags with the identical or similar mottos began appearing throughout the colonies.
[01:16.640 --> 01:22.180]  In recent news, a U.S. F-18C Hornet belonging to the 232 Marine Attack Fighter Squadron
[01:22.180 --> 01:25.600]  attacked en route from Bahrain to the United States.
[01:25.600 --> 01:31.200]  The fighter jet took off from the RAF Lakenheath in Suffolk, a U.S. base, and went down in
[01:31.200 --> 01:34.460]  farmland east of England near the town of Eli.
[01:34.460 --> 01:40.720]  The plane crashed at around 10.30 a.m. English time today or 5.30 a.m. Eastern Standard Time.
[01:40.720 --> 01:44.760]  British police and U.S. military sources said that the crash was fatal for the one pilot
[01:44.760 --> 01:51.460]  on board.
[01:51.460 --> 01:55.960]  The hard disk manufacturer Western Digital said that it would buy out Sandisk Corp. in
[01:55.960 --> 01:58.980]  a deal valued roughly about $19 billion.
[01:58.980 --> 02:03.720]  This is obviously projected to increase business for memory storage chips used in smartphones
[02:03.720 --> 02:10.140]  and mobile devices.
[02:10.140 --> 02:13.640]  In honor of Back to the Future Day, the date that Martin McFly and Doc Brown traveled through
[02:13.640 --> 02:18.560]  time in 1989's Back to the Future Part II, Christopher Lloyd and the infamous DeLorean
[02:18.560 --> 02:46.440]  returned to deliver a special message for fans.
[02:48.560 --> 02:56.440]  This has been your Lowdown for October 21, 2015.
[03:18.560 --> 03:42.440]  Thank you for watching, I hope you enjoyed the video, if you did hit that thumbs up button
[03:42.440 --> 04:09.440]  below, and don't forget to subscribe for more content like this, and I'll see you in the
[04:09.440 --> 04:16.440]  next one.
[05:09.440 --> 05:19.520]  So, about 200 miles through just a constant heavy downpour, a hydroplane for the last
[05:19.520 --> 05:23.440]  200 miles coming home today.
[05:23.440 --> 05:31.760]  So if we lose signal, if we crash out today, don't be surprised, we have some really ugly
[05:31.760 --> 05:33.200]  stuff coming at us.
[05:33.200 --> 05:39.640]  I'm up in the Dallas-Fort Worth area at the moment, so I should be high enough up so that
[05:39.640 --> 05:45.680]  the storm doesn't reach me, but if it does, it's a good chance all of my electronics
[05:45.680 --> 05:49.680]  will go out and you may lose me.
[05:49.680 --> 06:03.120]  I was in San Marcos, actually setting up the county, I need a county that I can use to
[06:03.120 --> 06:08.920]  protect as an example, and we're getting prepared, I want to be prepared for the next
[06:08.920 --> 06:16.280]  legislature to institute a set of remedies.
[06:16.280 --> 06:22.840]  We talk about legal reform and the law and how things should be done and how they're
[06:22.840 --> 06:24.400]  actually done.
[06:24.400 --> 06:33.320]  I first got into this back in the early 80s, I read the penal code and code of criminal
[06:33.320 --> 06:38.200]  procedure, then looked at how things were done and compared how things were actually
[06:38.200 --> 06:47.400]  done to what the code said ought to be done, and it was as if I stepped through the looking
[06:47.400 --> 06:56.120]  glass because the practice was so dramatically different than the code, and it took another
[06:56.120 --> 07:02.600]  15 years or so to figure out in research, I was trying to find what I had missed because
[07:02.600 --> 07:14.500]  I couldn't imagine that our public official would exercise a set of practices and procedures
[07:14.500 --> 07:26.480]  that were not diametrically opposed to law, but just dramatically different than law.
[07:26.480 --> 07:31.200]  Think about it, we've got all of these lawyers, how many paramedicines we've got out there
[07:31.200 --> 07:33.440]  to make sure they keep in line?
[07:33.440 --> 07:41.520]  We expect lawyers to keep the system in line because it is a form of a check and balance.
[07:41.520 --> 07:46.080]  You have prosecutors on one side, you have defense counsel on the other, you would expect
[07:46.080 --> 07:53.680]  defense counsel to keep things in line, but in the real world you and I live in, that's
[07:53.680 --> 07:56.360]  not how it works.
[07:56.360 --> 08:03.880]  We are brought up, for those of us who had civics class, we're told a bunch of stuff
[08:03.880 --> 08:08.400]  in high school about how our system works.
[08:08.400 --> 08:18.520]  Now, what we were told, supposedly how things work, but that's not really what they were
[08:18.520 --> 08:19.520]  telling us.
[08:19.520 --> 08:25.720]  They were telling us theoretically how things should work.
[08:25.720 --> 08:35.000]  They never told us how things actually worked, and we come up with this reasonable expectation
[08:35.000 --> 08:44.200]  that the conflict between prosecutors and defense counsel will have the effect of keeping
[08:44.200 --> 08:48.840]  the system in line with law.
[08:48.840 --> 08:58.280]  We have the perception that that adversarial process creates a balance between the interest
[08:58.280 --> 09:04.660]  of prosecution and the interest of the accused, but it does no such thing.
[09:04.660 --> 09:13.000]  The way it really works in the world you and I live in is your lawyer is not there to vigorously
[09:13.000 --> 09:16.720]  adjudicate your rights.
[09:16.720 --> 09:21.800]  Probably most lawyers, when they go to law school, that's the idea they have when they're
[09:21.800 --> 09:25.340]  in law school.
[09:25.340 --> 09:30.480]  They want to help people, they want to do the right thing, they want to be Perry Mason.
[09:30.480 --> 09:35.160]  Then they get out here in the real world, and they find out it doesn't work that way
[09:35.160 --> 09:44.480]  at all because if you get out here in the real world and you start bringing arguments
[09:44.480 --> 09:50.280]  to the court that the court doesn't want to bother with, if you start forcing the court
[09:50.280 --> 09:55.960]  to adjudicate cases that they would rather deal out so that the court can go play golf
[09:55.960 --> 10:03.280]  on the weekend, your career is not going to flourish because the judges will capriciously
[10:03.280 --> 10:08.260]  and arbitrarily rule against you out of hand at every turn.
[10:08.260 --> 10:10.000]  They will ruin your career.
[10:10.000 --> 10:15.000]  They'll file sanctions against you, they'll pull your bar card on a whim.
[10:15.000 --> 10:23.120]  So you've got $80,000 in student loans to pay off, you've got a clerk and a receptionist
[10:23.120 --> 10:30.160]  and a paralegal to pay and office expenses to pay, you've got a lot of outgo.
[10:30.160 --> 10:35.560]  You need to produce a considerable amount of income to keep things going, and if you
[10:35.560 --> 10:40.520]  get the judges upset at you, you're not going to create that income.
[10:40.520 --> 10:45.120]  That's how it works in the real world you and I live in, and that's how this system
[10:45.120 --> 10:50.600]  got into such a horrible mess.
[10:50.600 --> 10:57.720]  And we can fix it, but only you and I can fix it, the lawyers can't.
[10:57.720 --> 11:02.080]  The lawyers are trapped inside the system, same with the police.
[11:02.080 --> 11:06.600]  We have police out there that really want to be good policemen, but they find themselves
[11:06.600 --> 11:13.120]  trapped in a system they did not create, and they are inside the system, they are beholden
[11:13.120 --> 11:19.800]  to the system for their careers, so they can't afford to buck the system, that they wind
[11:19.800 --> 11:24.320]  up getting fired and blackballed, can't get hired anywhere else, they wind up being
[11:24.320 --> 11:29.600]  a security guard at a two o'clock in the morning shift at some factory out in the middle
[11:29.600 --> 11:35.480]  of nowhere at minimum wage.
[11:35.480 --> 11:40.560]  So if it's going to be fixed, we're going to have to fix it, and I've spent a long
[11:40.560 --> 11:44.480]  time working out what the fix is.
[11:44.480 --> 11:51.280]  I've been walking through the practice in Hayes County, Texas, and Hayes County, just
[11:51.280 --> 12:01.400]  like everybody else, is doing everything the way the officials were trained to do things.
[12:01.400 --> 12:05.400]  The justices of the peace are holding magistrations.
[12:05.400 --> 12:11.840]  The problem is, in law there is no such thing.
[12:11.840 --> 12:17.720]  If you put magistration in Microsoft Word, Microsoft Word will draw this little red line
[12:17.720 --> 12:20.280]  under it.
[12:20.280 --> 12:23.000]  It doesn't recognize it.
[12:23.000 --> 12:24.800]  It sees it as a nominalization.
[12:24.800 --> 12:34.360]  To magistrate is a verb, magistration takes the verb and turns it into a noun, as if it
[12:34.360 --> 12:37.320]  were a thing, and it's not.
[12:37.320 --> 12:43.120]  The thing that magistration pretends to represent is an examining trial.
[12:43.120 --> 12:47.000]  Now, that is a thing, and that is defined in code.
[12:47.000 --> 12:49.200]  Magistration's not in there anywhere, and this is one of the keys.
[12:49.200 --> 12:58.040]  There are two keys to what's wrong, well, not to what's wrong, but two keys to fix what's
[12:58.040 --> 13:03.440]  wrong, and only you and I can turn those two keys.
[13:03.440 --> 13:06.920]  Well, maybe that's not exactly correct.
[13:06.920 --> 13:17.560]  The magistrate can turn one of the keys, because the legislature in its system decided that
[13:17.560 --> 13:24.680]  since we have prosecuting attorneys in public employ, and they are learned counsel, we might
[13:24.680 --> 13:31.200]  as well take advantage of their knowledge and have them give legal advice to the police
[13:31.200 --> 13:34.800]  in the lower courts.
[13:34.800 --> 13:42.680]  Absolutely bad idea, because when you have a prosecutor here with 3,000 cases sitting
[13:42.680 --> 13:50.720]  on his desk that he's got to get work through, do you really expect that prosecutor to advise
[13:50.720 --> 13:59.320]  the police, the clerks, and the lower courts to act in ways that will make his life a living
[13:59.320 --> 14:02.700]  hell?
[14:02.700 --> 14:10.280]  What he's going to do is advise the police and lower courts in practices and procedure
[14:10.280 --> 14:16.240]  just that serve the prosecutorial interest.
[14:16.240 --> 14:23.040]  You follow that to the ultimate outcome, I'm sorry, let me back up.
[14:23.040 --> 14:30.000]  Their primary interest, the prosecuting attorney's interest, is not winning cases, because the
[14:30.000 --> 14:35.000]  last thing the prosecutor wants to do is have to try a case.
[14:35.000 --> 14:39.680]  They got more cases than they can get to, they cannot try them all.
[14:39.680 --> 14:46.280]  They have to have some way of disposing of these cases without having to go through lengthy
[14:46.280 --> 14:48.160]  trials.
[14:48.160 --> 14:59.680]  So they advise the police and the lower court judges and clerks in practices and procedures
[14:59.680 --> 15:09.080]  that lint themselves to a negotiated settlement, the deal.
[15:09.080 --> 15:16.760]  And if they do their jobs absolutely correctly, they'll never have to go to court, everybody
[15:16.760 --> 15:20.000]  will make a deal.
[15:20.000 --> 15:24.360]  The average conviction rate for all criminal accusations across the board in the state
[15:24.360 --> 15:33.800]  of Texas, 99.6, they did a good job, they got it done.
[15:33.800 --> 15:39.640]  They can crank through these cases, no problem, because everybody's going to take a deal.
[15:39.640 --> 15:44.520]  They're going to take a deal because every step from arrest to trial is presently practiced
[15:44.520 --> 15:51.320]  in the state of Texas, not only wrong, it is very specifically against particular law,
[15:51.320 --> 15:56.400]  and it's not just against particular law, it's against particular law for a very specific
[15:56.400 --> 15:58.840]  purpose.
[15:58.840 --> 16:04.740]  Every step is designed to force a person accused of crime when they're offered a perfectly
[16:04.740 --> 16:11.200]  reasonable deal to take it, not profess their innocence, not go to trial.
[16:11.200 --> 16:17.400]  If they try to go to trial, the prosecutor will do everything he can to drop the sky
[16:17.400 --> 16:25.040]  on him with the collusion of the judge, because the judge wants these cases adjudicated just
[16:25.040 --> 16:26.920]  as much as the prosecutor.
[16:26.920 --> 16:31.160]  So we wind up with the worst police state the world has ever seen.
[16:31.160 --> 16:34.760]  Randy Kelton, Rule of Law Radio, our call lines are open, we'll have them open all
[16:34.760 --> 16:35.760]  night.
[16:35.760 --> 16:38.160]  If you have any comments or questions, give us a call.
[16:38.160 --> 16:43.760]  You might want to call in early because we have some heavy storms coming, I may get crashed
[16:43.760 --> 16:47.460]  out before the four hours is up.
[16:47.460 --> 17:00.560]  So give us a call, ask some hard questions, we'll be right back.
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[19:28.840 --> 19:58.760]  Okay, we are back, ready to go and remove our radio.
[19:58.760 --> 20:02.920]  And we've got a couple of callers, but let me finish up before I go to them.
[20:02.920 --> 20:10.480]  I'm working over Hayes County and the primary things I'm going to try to get them to do
[20:10.480 --> 20:17.800]  right now, I'm looking at the records and I'm not finding all the documentation in the
[20:17.800 --> 20:25.360]  files that are required to be there, and the reason they're not there is because the magistrate
[20:25.360 --> 20:28.960]  when someone was arrested did a magistration.
[20:28.960 --> 20:36.200]  What a magistration is an abortion, it's an abomination of law, it's some stuff the prosecutors
[20:36.200 --> 20:39.800]  made up to serve their purpose.
[20:39.800 --> 20:44.240]  What they should have done is held an examining trial.
[20:44.240 --> 20:49.080]  And if they held an examining trial, a lot of the problems between the public and the
[20:49.080 --> 20:50.080]  police will go away.
[20:50.080 --> 20:55.200]  If you've been listening to my show for very long, you know we talk about this a lot, that
[20:55.200 --> 21:01.720]  this is one of the primary things that has corrupted the system.
[21:01.720 --> 21:07.680]  The problem for the prosecutor with an examining trial is he throws a big cog in the works
[21:07.680 --> 21:16.000]  for him because it follows due process and he doesn't get to so easily set people up
[21:16.000 --> 21:17.200]  for the deal.
[21:17.200 --> 21:27.840]  The other thing we're going after is an amendment to Article 20.09, Texas Code of Criminal Procedure
[21:27.840 --> 21:34.060]  20.09 says, shall be the duty of the grand jury to examine into all crimes subject to
[21:34.060 --> 21:40.720]  indictment that come by the knowledge of any grand jury member by way of the prosecuting
[21:40.720 --> 21:43.600]  attorney or any credible person.
[21:43.600 --> 21:52.120]  I want the legislature to add paragraph B that says the grand jury shall set aside time
[21:52.120 --> 21:57.360]  at each meeting to hear complaints by private citizens.
[21:57.360 --> 22:02.120]  That second change will change everything.
[22:02.120 --> 22:09.000]  We have the right to make allegations to the grand jury already, but prosecutors do everything
[22:09.000 --> 22:12.000]  they can to keep you from it.
[22:12.000 --> 22:15.280]  They'll threaten you, they'll intimidate you, they'll do anything they can to keep you from
[22:15.280 --> 22:17.080]  getting to a grand jury.
[22:17.080 --> 22:21.920]  Then they'll get before the grand jury and they'll lie and they'll misconstrue the truth,
[22:21.920 --> 22:28.000]  they'll misconstrue the facts and the law in order to protect the people that are maintaining
[22:28.000 --> 22:31.440]  the structures that serve their purpose.
[22:31.440 --> 22:35.600]  This is what we're working on and I'm in the process of setting up Hayes County so
[22:35.600 --> 22:38.800]  we kind of use them as an example.
[22:38.800 --> 22:43.280]  Stay tuned, we'll keep you up to date as to how this progresses.
[22:43.280 --> 22:49.640]  We have a couple callers, we're going to go to Mark in Wisconsin, hello Mr. Mark, what
[22:49.640 --> 22:53.600]  do you have for us today?
[22:53.600 --> 22:59.440]  Well I had a couple of questions and hopefully at the end of the call you get to be the hero
[22:59.440 --> 23:02.440]  here Mr. Kelton.
[23:02.440 --> 23:10.680]  So you're not going to stump the chump?
[23:10.680 --> 23:11.680]  I'm not going to stump the chump.
[23:11.680 --> 23:17.760]  I want to make sure that my years of listening to you on We the People to present, all the
[23:17.760 --> 23:26.640]  way to present has actually sunk in my thick head and I've got it down pat because I have
[23:26.640 --> 23:33.560]  a situation where somebody is ultimately going to stop paying their mortgage and we need
[23:33.560 --> 23:39.480]  to apply leverage to get them out from underneath their house.
[23:39.480 --> 23:44.120]  Okay can you move the mic a little closer to your mouth, you're a little soft today.
[23:44.120 --> 23:47.640]  Alright, how about that, is that better?
[23:47.640 --> 23:48.640]  Not much.
[23:48.640 --> 23:51.000]  Okay, how about that?
[23:51.000 --> 23:55.520]  Yeah, must be in the connection because it's not getting any louder.
[23:55.520 --> 23:59.840]  It's okay, go ahead, I'll listen closer.
[23:59.840 --> 24:07.080]  With your commentary at the start here today, one of the things that I have come across
[24:07.080 --> 24:14.080]  is a website shouldyoubealloyer.com and they're making the claim, no duty to seek the truth
[24:14.080 --> 24:20.240]  in the current system and it has a paragraph, laws and adversarial system and accepting
[24:20.240 --> 24:25.960]  criminal prosecutions, attorneys have no duty to help the court seek the truth.
[24:25.960 --> 24:30.600]  One Supreme Court decision noted that defense attorneys have no duty to seek the truth instead
[24:30.600 --> 24:34.920]  under the current view of legal ethics, they have a duty what's best for the client including
[24:34.920 --> 24:40.160]  anything legal to help conceal the truth.
[24:40.160 --> 24:48.280]  And I was seeking commentary on that if you had any case law that supported exactly what
[24:48.280 --> 24:50.960]  these clowns are claiming.
[24:50.960 --> 24:56.840]  Well that sure is diametrically opposed to the American Bar Association model standards.
[24:56.840 --> 25:08.720]  Yes, and it's what they say in the next paragraph, they mention the standards but that is, you
[25:08.720 --> 25:14.960]  know, I have no idea shouldyoubealloyer.com, what their political angle is and of course
[25:14.960 --> 25:21.920]  like so many things in law, you know, commentary about the law, there's no attribute or case
[25:21.920 --> 25:24.240]  law mentioned.
[25:24.240 --> 25:32.440]  Yes, that's normal, we expect that from the guys spreading trash.
[25:32.440 --> 25:39.960]  But if you read the American Bar Association model standards, most states have adopted
[25:39.960 --> 25:43.720]  it in total and then made adjustments to it.
[25:43.720 --> 25:51.640]  And one of the standards, which is, I have to go back and read to get exactly this part,
[25:51.640 --> 25:55.320]  they have a duty to speak with candor to the court.
[25:55.320 --> 26:03.120]  They have a couple of duties along those lines, candor to the court is one and it's like section
[26:03.120 --> 26:06.320]  eight, I think.
[26:06.320 --> 26:14.120]  And they have a duty to give notice to the court when the court is in error.
[26:14.120 --> 26:20.760]  So if they have a duty to notice the court when the court's in error, that would be lie
[26:20.760 --> 26:27.480]  any ability to induce the court to act in error.
[26:27.480 --> 26:39.320]  And in looking at this, I can kind of understand the position of the lawyer.
[26:39.320 --> 26:46.080]  It's the lawyer's job to be an advocate for his client.
[26:46.080 --> 26:53.280]  He's not an advocate for truth and justice, he's an advocate for his client.
[26:53.280 --> 27:04.000]  And if he comes across information detrimental to his client, he has no duty to run to the
[27:04.000 --> 27:09.120]  other side and say, hey, I got information detrimental to my client.
[27:09.120 --> 27:18.920]  Matter of fact, he has a duty to client attorney privilege, he is forbidden to reveal it.
[27:18.920 --> 27:28.720]  So I would imagine the lawyers is thinking that if the truth would harm my client, it's
[27:28.720 --> 27:36.200]  not my place to bring that to the court, it's the prosecutor's place to bring that.
[27:36.200 --> 27:42.000]  It's my place to defend my client.
[27:42.000 --> 27:49.720]  As crappy as that sounds, what the lawyer's saying, I think he might be right.
[27:49.720 --> 27:57.520]  Now, one of the things you always talk about is the politics end of things.
[27:57.520 --> 28:05.360]  How badly do these lawyers want to not look like fools in front of the rest of the lawyers
[28:05.360 --> 28:09.040]  in the guild?
[28:09.040 --> 28:16.600]  They want very, very badly not to look like fools.
[28:16.600 --> 28:33.560]  Losing to a pro se is for them is very, very bad because the lawyer misconduct in my early
[28:33.560 --> 28:41.040]  case is starting to come to a head and I'm starting to chase after that.
[28:41.040 --> 28:49.120]  I was thinking besides reaching out via the Wisconsin bar, they'll sell me the mailing
[28:49.120 --> 28:54.720]  list of all the lawyers, but I have to send them ahead of time what I'm going to send
[28:54.720 --> 28:55.720]  the lawyers.
[28:55.720 --> 29:02.320]  I was thinking of drafting up a very nice document saying, I'm thinking of suing these
[29:02.320 --> 29:07.160]  clowns and this is why are you as a lawyer interested in this case?
[29:07.160 --> 29:08.160]  Wait a minute.
[29:08.160 --> 29:14.240]  I just had this incredibly devious thought.
[29:14.240 --> 29:22.240]  What if you got that mailing list and you made up a solicitation for representation?
[29:22.240 --> 29:23.240]  Exactly.
[29:23.240 --> 29:35.480]  You say, guys, I got this case against another lawyer and this is the case, I want you to
[29:35.480 --> 29:36.960]  represent me.
[29:36.960 --> 29:41.280]  Yes, that's exactly where I was going with it.
[29:41.280 --> 29:49.320]  I was also thinking of hitting all the new upcoming lawyers who are about to graduate.
[29:49.320 --> 29:50.320]  Okay, hang on.
[29:50.320 --> 30:01.880]  You got back to the break, Randy Kelton, Real Vla Radio, we'll be right back.
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[33:30.000 --> 33:37.680]  Okay, we are back, Randy Kelton with Rule of Law Radio and we're talking to Mark in
[33:37.680 --> 33:38.680]  Wisconsin.
[33:38.680 --> 33:47.920]  Okay, Mark, don't worry, we were going after the young lawyers and what were you going
[33:47.920 --> 33:48.920]  to do with them?
[33:48.920 --> 33:55.720]  Well, they would get a copy of the same set of letters going, hey, this is the case I'm
[33:55.720 --> 34:00.320]  looking to have representation and hitting them.
[34:00.320 --> 34:09.000]  I was also thinking of making sure I hit the law firms of every legislator that is a lawyer
[34:09.000 --> 34:16.720]  and is working as a law firm and then their law firms is figuring that that will create
[34:16.720 --> 34:24.960]  an interesting little bit of politics at the law firm talking with the lawyers, the legislature
[34:24.960 --> 34:29.760]  going wait a second, what the hell is this all about?
[34:29.760 --> 34:32.480]  You're a devious man.
[34:32.480 --> 34:43.680]  I am, I am, I am and apparently you had a commentary about the lawyer not having or
[34:43.680 --> 34:49.640]  having a duty to not tell and that kind of thing, apparently case that goes to that would
[34:49.640 --> 34:58.640]  be NICS v. Whiteside, 475 U.S. 157, 1986.
[34:58.640 --> 35:02.080]  Okay, substance?
[35:02.080 --> 35:05.760]  I looked at that one.
[35:05.760 --> 35:09.240]  I believe in there, there was somebody stabbed.
[35:09.240 --> 35:19.880]  I think the case is about a stabbing where the guy was creating a fake testimony and
[35:19.880 --> 35:29.000]  was discouraged by his lawyer and ultimately was able to get an appeal that he didn't get
[35:29.000 --> 35:34.080]  a fair trial because the lawyer discouraged him from telling his tale.
[35:34.080 --> 35:40.600]  Now, the lawyer has a duty to discourage him from giving false testimony.
[35:40.600 --> 35:41.600]  Correct.
[35:41.600 --> 35:46.280]  So the lawyer was correct.
[35:46.280 --> 35:49.360]  It's got to be more truth than that.
[35:49.360 --> 35:57.200]  It's not from telling his tale, I mean the lawyer cannot present what he knows to be
[35:57.200 --> 35:58.200]  false testimony.
[35:58.200 --> 36:09.240]  Now, he may not have to present evidence that would convict his client, but he can't, you
[36:09.240 --> 36:13.360]  know, he can just not present it, but he can't present false testimony.
[36:13.360 --> 36:14.360]  Right.
[36:14.360 --> 36:23.880]  Again, that's a case though that goes into that topic.
[36:23.880 --> 36:28.960]  But coming off of, you know, being devious here.
[36:28.960 --> 36:35.240]  One of the things in the bar rules, model rules, is it says lawyers shall not go out
[36:35.240 --> 36:39.520]  and get publicity for the case and not do a bunch of stuff.
[36:39.520 --> 36:45.600]  Is that just in the bar rules and does not preclude those of us pro-says from going out
[36:45.600 --> 36:50.440]  and doing any publicity stuff we want with respect to our trial?
[36:50.440 --> 36:57.520]  A pro-say is not limited in any way.
[36:57.520 --> 37:10.160]  The only limitation would be by court order, otherwise you can just get out there and scream
[37:10.160 --> 37:13.160]  to high heaven.
[37:13.160 --> 37:14.160]  Okay.
[37:14.160 --> 37:15.160]  Wonderful.
[37:15.160 --> 37:32.240]  Then finally, having listened on this whole, the 2014 rescission decision there with Jetsonowski,
[37:32.240 --> 37:37.520]  the situation I'm trying to help this person with is they've got a house, they put it
[37:37.520 --> 37:44.480]  up for sale, they've had no real estate showings, no offers, and in fact, they've had people
[37:44.480 --> 37:49.520]  drive by the house for showing and then just keep driving and going, yeah, we're not going
[37:49.520 --> 37:51.560]  to buy in this neighborhood.
[37:51.560 --> 37:56.480]  So they're trying to, you know, get out from underneath this thing.
[37:56.480 --> 38:03.720]  They're current as of the end of this month and they're looking to become uncurrent.
[38:03.720 --> 38:10.360]  I'm working up the, looking at the HUD-1 statement and coming up with the letter to show that
[38:10.360 --> 38:11.360]  all the...
[38:11.360 --> 38:12.360]  Okay.
[38:12.360 --> 38:13.360]  Hold on.
[38:13.360 --> 38:22.000]  I have a couple of questions and if Ms. Leslie's listening, she might want to chime in here.
[38:22.000 --> 38:29.040]  Last week, Leslie in Pennsylvania sent me some really interesting stuff about door-to-door
[38:29.040 --> 38:30.040]  salesmen.
[38:30.040 --> 38:31.040]  Okay.
[38:31.040 --> 38:42.280]  And for door-to-door salesmen, sells you something, he is required to give you written notice
[38:42.280 --> 38:47.040]  that you have three days to rescind.
[38:47.040 --> 38:54.400]  If he doesn't, then you have a right to rescind and your right to rescind, I'm looking for
[38:54.400 --> 39:02.520]  the statute, I almost remember it.
[39:02.520 --> 39:03.520]  I'm not seeing it.
[39:03.520 --> 39:04.520]  I know it's in here.
[39:04.520 --> 39:07.320]  Let me go up a little higher.
[39:07.320 --> 39:12.520]  It is 16 CFR 429, read that one.
[39:12.520 --> 39:17.720]  Now, so that brings me to these questions.
[39:17.720 --> 39:23.680]  Is the current loan against the property the original purchase loan or has there been a
[39:23.680 --> 39:28.360]  refinance or a home equity loan?
[39:28.360 --> 39:34.920]  There have been a series of secondary home equity loans that have been taken and paid
[39:34.920 --> 39:35.920]  off.
[39:35.920 --> 39:37.840]  There were two of those.
[39:37.840 --> 39:45.120]  There was never a refinance and I actively discouraged this party from doing refinancing
[39:45.120 --> 39:57.560]  and they decided to listen to me because I had enough cred that when the bank did contact
[39:57.560 --> 40:08.880]  them and made the refinance offer, it was not a very pleasant experience and so they
[40:08.880 --> 40:11.120]  decided not to go through with it.
[40:11.120 --> 40:13.080]  Okay, hold on.
[40:13.080 --> 40:20.520]  Is there, back to my original question, is the current loan, apparently it's not the
[40:20.520 --> 40:26.640]  original loan against the property, it is a refinance.
[40:26.640 --> 40:33.440]  There was no refinance, all that was taken out was second mortgages to do some home improvements
[40:33.440 --> 40:36.360]  and those second mortgages were paid off.
[40:36.360 --> 40:41.040]  Okay, then this particular one won't apply.
[40:41.040 --> 40:44.680]  It's a second way to do rescission.
[40:44.680 --> 40:47.800]  But let's talk about rescission a little bit.
[40:47.800 --> 40:55.840]  We're here in Texas and we had a property by Wells Fargo and it had a loan that when
[40:55.840 --> 41:07.560]  we got to the property, the loan was three years and four days and we filed a rescission
[41:07.560 --> 41:18.920]  and Wells Fargo treated the rescission like QWR and we said, wonderful.
[41:18.920 --> 41:26.680]  They answered as if it was a QWR and then they made an offer for short sale.
[41:26.680 --> 41:35.240]  Point being is Jasinowski is relatively new and I don't think these guys knew how to handle
[41:35.240 --> 41:36.240]  it.
[41:36.240 --> 41:45.400]  They just did, it's a big company and they just did what they always do and let me bring
[41:45.400 --> 41:49.960]  up Ms. Leslie, Ms. Leslie, have you been listening?
[41:49.960 --> 41:50.960]  Yes.
[41:50.960 --> 41:51.960]  Yes.
[41:51.960 --> 41:55.760]  What do you think?
[41:55.760 --> 42:08.240]  Well, generally speaking, Tiller refers to under 1635, refers only to refinance talent,
[42:08.240 --> 42:15.480]  but under the Federal Trades Act, it also says that if you look under the Federal Trade
[42:15.480 --> 42:26.080]  Act itself, that also has a rescission section in it about where settlement occurred and
[42:26.080 --> 42:32.200]  if you were represented by an attorney, that automatically throws out your right.
[42:32.200 --> 42:38.160]  Okay, wait, say that again.
[42:38.160 --> 42:44.600]  If you're represented by an attorney, you lose your right to rescind under the Federal
[42:44.600 --> 42:48.400]  Trade Act.
[42:48.400 --> 42:55.040]  So then if you would have had a right to rescind and the lawyer missed something, you should
[42:55.040 --> 42:57.960]  be able to sue the lawyer.
[42:57.960 --> 42:59.960]  Right.
[42:59.960 --> 43:09.480]  Okay, does that apply then if we're treating the attorney as a licensed expert, licensed
[43:09.480 --> 43:18.880]  by the state, would that then also apply to a real estate agent?
[43:18.880 --> 43:24.560]  If the real estate agent failed to give full disclosure.
[43:24.560 --> 43:33.320]  Well, in theory, if we go with what you've said over the years, that fraud is rampant
[43:33.320 --> 43:34.320]  in these mortgages.
[43:34.320 --> 43:35.320]  All right.
[43:35.320 --> 43:38.320]  I hear the brand music.
[43:38.320 --> 43:45.280]  That's how the agent would commit fraud is by, she's not really a party to the contract.
[43:45.280 --> 43:49.840]  She's just a facilitator, but she failed to give full disclosure.
[43:49.840 --> 43:51.040]  Hang on, about to go to break.
[43:51.040 --> 43:56.400]  If you're watching the Kelton Wheelbarrow Radio, or call it number 512-646-1984, we'll
[43:56.400 --> 43:59.400]  be right back.
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[45:17.800 --> 45:19.020]  should be doing.
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[46:14.900 --> 46:41.220]  Hey, we are back. Randy Kelton, rule of law radio, and we're talking to Mark in Wisconsin
[46:41.220 --> 46:54.420]  and Leslie in Pennsylvania. So Leslie, does Mark have, can he use this rescission on,
[46:54.420 --> 46:58.420]  is there any way he can get to rescission from your perspective?
[47:00.340 --> 47:07.300]  Yeah, he can check with his state and find out what their unfair trade practices are.
[47:07.300 --> 47:18.100]  Every state has their own. It's similar to the FTC, but they do vary. And like in Pennsylvania,
[47:18.100 --> 47:20.660]  it extends the television indefinitely.
[47:24.660 --> 47:32.820]  I will have to look at that. The state and the Supreme Court justices have gotten letters from
[47:32.820 --> 47:41.460]  me already, and I've made a right royal pain of myself with judicial conduct complaints.
[47:42.100 --> 47:44.020]  So that's good.
[47:45.940 --> 47:49.380]  Okay. Let's talk about rescission and how we can get there.
[47:51.380 --> 47:57.060]  Do you have all of the documents from the county recorder's office?
[47:57.060 --> 48:04.900]  I'm going to be working on getting those this week on Monday.
[48:06.740 --> 48:11.700]  Okay. When you get those, the main things you want to look at are any assignments.
[48:13.380 --> 48:20.020]  Who did the assignment and when? I just looked at one. The last one I went over,
[48:20.020 --> 48:29.860]  it was a Long Beach mortgage note. This is a woman that a supposed holder came to her house.
[48:29.860 --> 48:38.820]  She's in her eighties, lives alone, came to her house, told her that she told him that
[48:38.820 --> 48:43.380]  she wanted to be able to sell the home because she had another home that she was moving into.
[48:43.940 --> 48:47.540]  And they said, the only way you can sell your home is to sign this document.
[48:47.540 --> 48:52.100]  So she signed the document. Turned out to be a deed in lieu. The week later,
[48:52.100 --> 48:55.300]  they come back and told her she had to get out of the house because they'd have sheriff come
[48:55.300 --> 49:02.660]  and arrest her. And she contacted us and I looked in the public record, it's a Long Beach mortgage,
[49:03.380 --> 49:14.740]  a Long Beach note. Long Beach went out of business a long time ago and was bought out by
[49:14.740 --> 49:24.020]  Washington Mutual. Then Washington Mutual was put out of business by the CIA and JPMorgan Chase
[49:24.020 --> 49:32.020]  claims to have picked up their assets. And JPMorgan Chase filed a notice of default in
[49:32.020 --> 49:37.780]  the action or filed an assignment of the security instrument to Deutsche Bank.
[49:37.780 --> 49:48.340]  Deutsche Bank. So my question was, who are you? JPMorgan Chase. I don't see your name
[49:48.980 --> 49:59.940]  on any loan documents. I see Long Beach mortgage. No assignment from Long Beach mortgage to
[49:59.940 --> 50:05.380]  Washington Mutual, Washington Mutual to JPMorgan Chase. These are what you look for.
[50:05.380 --> 50:14.100]  If there's an assignment in there, was the assignment made while the original lender was
[50:14.100 --> 50:23.300]  still in business? And was it made by the original lender? If you see one that's made by MERS,
[50:24.180 --> 50:29.460]  and it says mortgage electronic registration service acting as the nominee for the lender
[50:29.460 --> 50:36.420]  and lender successors and assigns, there's a good chance that the mortgage company is out of business.
[50:37.780 --> 50:44.500]  If the mortgage company is in business, MERS will say acting as a nominee for
[50:45.540 --> 50:52.740]  Long Beach mortgage or whatever. But if they don't put it in there, they want you to forget
[50:52.740 --> 51:00.580]  about that first one because it's already gone. So whatever you see, if you don't see a direct
[51:00.580 --> 51:09.700]  chain of title in the record, you don't care who claims to hold what because every state I've looked
[51:09.700 --> 51:18.980]  at so far has a statute similar to Texas government code 13.001, which says any claim against real
[51:18.980 --> 51:23.460]  property not properly acknowledged or proven and filed in the record is voided to the holder.
[51:27.060 --> 51:33.300]  That's the first thing we want to look at. Then you want to see the note, truth and lending
[51:33.300 --> 51:40.740]  statement, good faith estimate if they have one, and the HUD one settlement statement.
[51:40.740 --> 51:45.300]  Yep. All right.
[51:46.740 --> 51:58.180]  Take the note, write down what did the borrower agree to do? What principle did they agree to?
[51:59.220 --> 52:04.180]  What interest did they agree to? And what payment amount did they agree to?
[52:04.180 --> 52:16.580]  And then go look at the truth and lending statement and see what it says. About 75%
[52:16.580 --> 52:20.100]  of the time I have a different payment amount on the truth and lending statement
[52:21.220 --> 52:28.100]  than is on the note. Now, all the new notes, the amounts are the same,
[52:28.100 --> 52:36.660]  but if they're before 2007, they're almost always different. That gives you a serious claim.
[52:37.140 --> 52:43.860]  Then get a payment history. First thing you want to do is file a debt validation letter.
[52:45.060 --> 52:51.860]  If they don't have a complete payment history and you have time, the first thing you do
[52:51.860 --> 53:00.900]  is you file a, you just send a request to the lender for a complete payment history.
[53:02.260 --> 53:09.460]  And what you'll get is a complete payment history for as long as the current servicer
[53:09.460 --> 53:19.540]  has had the note. Now you got probable cause. So then you send a debt validation letter
[53:19.540 --> 53:29.140]  and you almost certainly get exactly the same thing. Now you have reason to believe that,
[53:29.140 --> 53:35.060]  okay, I'm sorry, with the debt validation letter, if they fail to validate the debt all the way back
[53:35.060 --> 53:41.940]  to the inception of the contract, then they've breached the Fair Debt Collections Practices
[53:41.940 --> 53:45.940]  Act and they're subject to statutory estoppel from any further collections.
[53:45.940 --> 53:54.340]  Okay, now you want a QWR. You take the HUD 1 Settlement Statement
[53:56.340 --> 54:08.820]  and take all of the fees that are on page 14, not section 700, those are the points they paid
[54:08.820 --> 54:21.300]  the points they paid to the real estate agent. And that from 800 down to 1400, you take all
[54:21.300 --> 54:30.260]  of those fees. And first thing is you ask your person to lender, I mean the borrower,
[54:30.260 --> 54:40.980]  when you sat down at closing, did the title company, the closing trustee,
[54:42.740 --> 54:49.060]  when they brought you the HUD 1 Settlement Statement, provide documentation to show
[54:49.060 --> 54:58.580]  that these fees were not otherwise forbidden to be charged on the HUD 1 by law, that the fees
[54:58.580 --> 55:05.380]  were for services actually rendered, that the services were necessary, that the amounts charged
[55:05.380 --> 55:09.380]  were reasonable, and that the lender did not take an undisclosed markup on the amounts charged.
[55:11.140 --> 55:14.980]  And your borrower is going to say, oh no, they didn't do any of that.
[55:16.900 --> 55:20.900]  So these are just numbers they put on a sheet with no verification.
[55:20.900 --> 55:30.260]  So you want valid verification of these fees. So you send a letter to the trustee and you ask
[55:30.260 --> 55:35.140]  the trustee for verification of all of the amounts charged on the HUD 1 Settlement Statement.
[55:36.260 --> 55:42.820]  Just before the trustee allowed that to put on there, he had to have all those receipts.
[55:44.020 --> 55:46.900]  And if he says he don't have them, well, what you do with them?
[55:46.900 --> 55:51.380]  And they always say they don't have them. So now you have reasonable
[55:51.380 --> 55:57.380]  belief that all of those fees are bogus. There's a good chance that some are not,
[55:57.380 --> 56:02.500]  but you don't know that. You don't know that any of them are valid because you don't have any
[56:02.500 --> 56:10.660]  verification on any of them. So you ask for it and you don't get it. Now you claim that all of those
[56:10.660 --> 56:19.620]  fees are bogus. And you weren't noticed at the time of the sale that they were bogus.
[56:20.180 --> 56:25.220]  So you rescind the note. Now your client here is not in foreclosure.
[56:27.220 --> 56:28.020]  Not yet.
[56:29.220 --> 56:35.780]  If they intend to go in foreclosure, then they can just stop paying until they get a debt
[56:35.780 --> 56:44.180]  validation letter. And if they don't want to get to deal with foreclosure, when they get the debt
[56:44.180 --> 56:52.500]  validation letter, now that they have an amount that the other side has claimed they owe, which
[56:53.620 --> 57:02.180]  they haven't validated because you've asked for validation, and a notice of acceleration triggers
[57:02.180 --> 57:08.180]  the right to rescind if you can show more than $35 in false fees.
[57:10.180 --> 57:17.220]  It's reinvigorated. So then you hit them with a rescission. And if the other banks are like
[57:17.220 --> 57:24.820]  Wells Fargo, they haven't figured it out yet. They haven't worked out rescission. So they ignore it.
[57:24.820 --> 57:33.940]  And that's what you hope they do. You might send them a QR and put a notice of rescission at the
[57:33.940 --> 57:48.580]  bottom of it. They might not read it. And then after they get it, they got 20 days.
[57:48.580 --> 57:56.820]  After 20 days without opposition, then the borrower may retain the property
[57:57.540 --> 58:07.060]  without further obligation. That's what the code says. Now you can push the bank up on the dime
[58:07.060 --> 58:13.940]  and say, let's come to the table and make us a deal. And you knock a whole bunch off my mortgage
[58:13.940 --> 58:19.700]  or I'll sue the crap out of you. Okay, hang on. We're about to go to the top of the hour break.
[58:19.700 --> 58:27.860]  This is Randy Kelton, Wheel of Law Radio. I called it number 512-646-1984. This is the top of the
[58:27.860 --> 58:35.220]  hour. It's a good time to go to logosradionetwork.com and check out some of our sponsors. Here we have
[58:35.220 --> 58:39.460]  a couple of new sponsors with some good new products. Go ahead and have a look at the
[58:39.460 --> 58:48.820]  book. We'll be right back. Would you like to make more definite progress in your walk with God?
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[01:00:03.380 --> 01:00:09.300]  flash is brought to you by the Lone Star Lowdown, providing your daily bulletins for the commodities
[01:00:09.300 --> 01:00:17.220]  market. Today in history, news updates, and the inside scoop into the tides of the alternative.
[01:00:23.220 --> 01:00:31.780]  Markets for the 21st of October 2015 opened up with gold at $1,166 an ounce, silver $15.70 an ounce,
[01:00:31.780 --> 01:00:38.660]  Texas crude $45.55 a barrel, and Bitcoin is currently sitting at about $269 US currency.
[01:00:44.660 --> 01:00:50.900]  Today in history, Friday, October 21st, 1774, the first display of the word liberty on a flag
[01:00:50.900 --> 01:00:56.020]  is raised by colonists in Taunton, Massachusetts. It was in defiance to British rule of colonial
[01:00:56.020 --> 01:01:01.060]  America. The Taunton flag was one of the earliest of the colonial flags. It simply was the queen
[01:01:01.060 --> 01:01:05.780]  and flag with the words liberty and union sewn onto the red field. The Boston Evening Post
[01:01:05.780 --> 01:01:10.900]  reported the incident and the idea caught on. Flags with the identical or similar mottos began
[01:01:10.900 --> 01:01:20.980]  appearing throughout the colonies. In recent news, a USF-18C Hornet belonging to the 232 Marine
[01:01:20.980 --> 01:01:26.420]  Attack Fighter Squadron attacked en route from Bahrain to the United States. The fighter jet took
[01:01:26.420 --> 01:01:33.060]  off from the RAF Lakenheath in Suffolk, a US base, and went down in farmland east of England, near
[01:01:33.060 --> 01:01:39.540]  the town of Eli. The plane crashed at around 10.30 a.m. English time today or 5.30 a.m. Eastern
[01:01:39.540 --> 01:01:44.580]  Standard Time. British police and US military sources said that the crash was fatal for the one
[01:01:44.580 --> 01:01:55.940]  pilot on board. The hard disk manufacturer Western Digital said that it would buy out Sandisk Corp
[01:01:55.940 --> 01:02:00.580]  in a deal valued roughly about 19 billion dollars. This is obviously projected to increase
[01:02:00.580 --> 01:02:04.820]  business for memory storage chips used in smartphones and mobile devices.
[01:02:10.100 --> 01:02:14.420]  In honor of Back to the Future Day, the date that Martin McFly and Doc Brown traveled through time
[01:02:14.420 --> 01:02:19.220]  in 1989's Back to the Future Part 2, Christopher Lloyd and the infamous DeLorean returned to
[01:02:19.220 --> 01:02:26.980]  deliver a special message for fans. Great start. If my calculations are correct, it is now precisely
[01:02:26.980 --> 01:02:36.340]  October 21st, 2015. The future has finally arrived. Yes, it is different than we all thought,
[01:02:36.340 --> 01:02:42.820]  but don't worry. It just means your future hasn't been written yet. No one's hands. Your
[01:02:42.820 --> 01:02:55.540]  future is whatever you make it. So make it a good one. This has been your Lowdown for October 21st,
[01:02:55.540 --> 01:03:25.380]  2015. Okay. We are back.
[01:03:25.540 --> 01:03:29.860]  Randy Kelton, Wheel of Law Radio. We're talking to Mark and Leslie.
[01:03:32.340 --> 01:03:42.980]  Okay, Mark. Whenever I get a new person with a foreclosure issue, that's the first place I
[01:03:42.980 --> 01:03:51.460]  always go to. From there, then we go look at those are the basic things and the easiest ones to set
[01:03:51.460 --> 01:04:02.100]  up. Did all of that make sense? Oh, yes. It tracks to, as I remember, the evolving discussion
[01:04:02.740 --> 01:04:10.420]  that you've had over this and some of the things that were mentioned in the old endless fraud
[01:04:10.420 --> 01:04:19.620]  detection show. I wanted to make mention that the Association for Fraud Examiners,
[01:04:19.620 --> 01:04:26.260]  the Association for Certified Fraud Examiners, all you need is to went to college for four years
[01:04:26.260 --> 01:04:32.900]  and done two years worth of fraud detecting to qualify to take the test to then pass,
[01:04:32.900 --> 01:04:40.180]  and you could get a certified fraud examiner. Who does the certification?
[01:04:40.180 --> 01:04:53.700]  I've sent you an email. I'm guessing it's the Austin, Texas-based Association of Certified Fraud
[01:04:53.700 --> 01:05:01.460]  Examiners. They probably do it via the testing thing at Pearson or any of the testing companies.
[01:05:02.500 --> 01:05:08.100]  Well, have a look at that. There's some lawyers out there that issue
[01:05:08.100 --> 01:05:16.100]  certifications, so I was wondering who it actually was and what kind of credence they have.
[01:05:16.100 --> 01:05:27.940]  They appear to be worldwide. They have conferences in multiple locations across the world during the
[01:05:27.940 --> 01:05:41.700]  year. I thought they sounded like frauds. They may be frauds. That was fraud examiner humor.
[01:05:42.980 --> 01:05:51.780]  Yeah. Given the fraud crap that I went through with the lawsuits that started my calls to you,
[01:05:51.780 --> 01:05:59.860]  I think I've got my two years in. Ultimately, there was a $1.9 million judgment based on some
[01:05:59.860 --> 01:06:05.380]  of my paperwork, et cetera. I think I got a good case for having done two years worth of fraud stuff.
[01:06:06.900 --> 01:06:14.740]  Good. You do good because you've turned out to be a real stinker. You could drive these guys crazy.
[01:06:14.740 --> 01:06:23.940]  I'm working on it, man. I'm working. The primary thing I'm figuring out,
[01:06:25.060 --> 01:06:32.740]  it's not about the law. It's about what you're obviously understanding. It's about the politics.
[01:06:36.020 --> 01:06:40.020]  How can we create for them the most grief?
[01:06:40.020 --> 01:06:48.260]  Yep. Well, I'm pretty good at the griefing thing there.
[01:06:49.380 --> 01:06:54.660]  It's gotten to the point where the bar association sees me or the
[01:06:55.460 --> 01:07:00.580]  bar grievance association sees me coming and they just cut their tail.
[01:07:02.580 --> 01:07:05.860]  That's how it should be. They should be afraid of us.
[01:07:05.860 --> 01:07:13.540]  Well, and the fun part is I've got the one that I'll be bar grieving, an attorney that I have
[01:07:13.540 --> 01:07:18.180]  nothing to do with the case in any way, shape or form. I just happened to have noticed that the
[01:07:18.180 --> 01:07:32.820]  attorney sued somebody after they had declared bankruptcy. Did the party move for sanctions
[01:07:32.820 --> 01:07:41.460]  against the lawyer? Oh, yes. Oh, yes. And the law firm is also going ahead. After there was an
[01:07:42.180 --> 01:07:52.820]  agreement in a mediation, the law firm that agreed to turn over all the records to their client,
[01:07:52.820 --> 01:07:57.700]  they're not turning over the records either. So I figured I got two bases in which to
[01:07:57.700 --> 01:08:08.340]  bar grieve them at collecting law firm. They've done nothing to me. That's even better and not
[01:08:08.340 --> 01:08:15.220]  producing records, not giving the clients the records that's specific in the bar association
[01:08:15.220 --> 01:08:22.900]  standards. That one is not communicating with the client and not producing the client's records.
[01:08:22.900 --> 01:08:29.540]  Even if the client hasn't paid you, you still have to produce the records. That's specific in
[01:08:29.540 --> 01:08:38.260]  the bar association standards. Yep. So none of the attorneys associated with it have any idea
[01:08:38.260 --> 01:08:45.940]  it's coming. And I'm just going to see what the bar association does. If they're going to tell me
[01:08:45.940 --> 01:08:50.900]  that, oh, we're not even going to act on this because you're not even involved in any way.
[01:08:50.900 --> 01:08:56.500]  And you'll say, okay. Yes. So what? It's still stinging.
[01:08:56.500 --> 01:09:04.500]  Yep. Exactly. And the interesting part about that is, is your bar agreements will increase his
[01:09:04.500 --> 01:09:15.140]  insurance cost, but he can't raise an issue with you. Oh yeah. Most definitely. Because you didn't
[01:09:15.140 --> 01:09:21.140]  increase his cost, his insurance company did. So his complaint would be with his insurance company,
[01:09:21.140 --> 01:09:35.060]  not you. Yep. No end of fun. No end of fun. This is what we need to do as good stewards of our system.
[01:09:35.060 --> 01:09:45.300]  Being a good steward of the system does not have to be drudgery. Nope. Okay, Mark, do you have
[01:09:45.300 --> 01:09:55.700]  anything else for us? No, no. I think I hit on everything that I wanted to today and getting
[01:09:55.700 --> 01:10:05.940]  your good and wise counsel. And hopefully going after the mortgage issue will result in joy and
[01:10:05.940 --> 01:10:12.180]  happiness for this homeowner. Oh, they can, especially if they're not behind on their
[01:10:12.180 --> 01:10:21.940]  payments, or if they do get behind, they get behind on purpose, especially if they're not
[01:10:21.940 --> 01:10:32.820]  behind. And not because they lack funds. So they don't feel like they got a cannon pointed at them.
[01:10:33.700 --> 01:10:41.700]  Then you can have fun with it. Oh yes. And heaven forbid that these people find out exactly what
[01:10:41.700 --> 01:10:49.140]  kind of SOB I am, because then they might actually straighten up and fly right. I don't count on that.
[01:10:49.140 --> 01:10:59.140]  Yeah. You know, I was just down in Hayes County. And the last time I was working on Hayes County,
[01:10:59.140 --> 01:11:06.660]  I asked the clerk for some records and she refused to get them. So I called 911 on her. Oh,
[01:11:06.660 --> 01:11:15.060]  that was such a hoot. They sent these two poor municipal police down there and they said,
[01:11:15.060 --> 01:11:19.380]  come up. They said, what can I do for you? And I pointed at the clerk, arrest that woman.
[01:11:20.020 --> 01:11:26.500]  And the guy looked at, well, that's a district clerk. I said, yeah, it is. He looked like,
[01:11:26.500 --> 01:11:34.420]  oh no, here goes my career. That was absolutely great fun.
[01:11:36.260 --> 01:11:44.420]  Well, it's like the great fun I've had. I've been sending off the 96801 criminal complaints
[01:11:44.420 --> 01:11:51.220]  and the judge wrote me back, put the idea that it was a criminal complaint in quotation marks
[01:11:51.220 --> 01:11:55.780]  in the response letter, said they're not going to do anything, which is not what I expected.
[01:11:56.980 --> 01:12:03.380]  But these judges, they got no clue what to do when you walk in with a criminal complaint as a citizen.
[01:12:04.420 --> 01:12:11.700]  That's exactly what I find here. No clue. And this is what I've been telling them,
[01:12:11.700 --> 01:12:17.140]  because they always, they tend to expect confrontation.
[01:12:18.900 --> 01:12:25.300]  And what I've been telling them is, okay, I had to ask and you had to refuse.
[01:12:26.980 --> 01:12:36.660]  And they look at me and the cogs start clicking around in there and things start falling into
[01:12:36.660 --> 01:12:43.860]  place and they're thinking, that jerk just set me up for that. As a matter of fact, I did.
[01:12:43.860 --> 01:12:51.860]  And that seems to frighten them more than anything. And it tends to keep them from getting careless.
[01:12:54.180 --> 01:12:58.580]  And I don't want any more public officials getting careless with my bones.
[01:12:58.580 --> 01:13:07.620]  But to Hayes County's credit, I'm down there giving them a hard time. Everybody has been
[01:13:07.620 --> 01:13:14.820]  a consummate professional. Not except for one sergeant was a little smart-she-mouth,
[01:13:14.820 --> 01:13:21.940]  but only a little bit. They have no threatening posture, no provocation,
[01:13:21.940 --> 01:13:29.140]  they have no threatening posture, no provocation. Really appreciate that.
[01:13:30.580 --> 01:13:37.620]  I was in a small town, a city that where a judge there had really screwed up real bad.
[01:13:37.620 --> 01:13:44.180]  And I took some really serious complaints to the chief. And I had talked to him a few days
[01:13:44.180 --> 01:13:47.780]  before and told him, I want you to take some criminal complaints against the judge.
[01:13:47.780 --> 01:13:52.580]  He said, no, I won't be taking any criminal complaints against the judge. And I said,
[01:13:52.580 --> 01:14:02.740]  oh, that's okay. I had to ask, you had to refuse. So that's all I'll need. And went on to tell him
[01:14:02.740 --> 01:14:07.940]  that, you know, I make you to practice. And I told him I do this radio show and I tell everybody,
[01:14:08.820 --> 01:14:15.300]  never ask a public official to do anything you actually want them to do. Because you never ask
[01:14:15.300 --> 01:14:19.700]  because you never ask a public official to do anything that the law does not specifically
[01:14:19.700 --> 01:14:26.740]  require them to do. Then you've got all these remedies. So I told this to that chief and I came
[01:14:26.740 --> 01:14:34.180]  back a week later and I gave him some written complaints. And I told him the first time was
[01:14:34.180 --> 01:14:41.540]  not official. It was simply fair warning. This time it's official. And he said, well, Mr. Kelton,
[01:14:41.540 --> 01:14:48.260]  what do you want me to do with these? I told him, I want you to do exactly what article 2.13 Code
[01:14:48.260 --> 01:14:57.380]  of Criminal Procedure commands you to do and present them to some magistrate. And whatever
[01:14:57.380 --> 01:15:04.020]  issue I have, I'll have with the magistrate, not with you. He didn't commit himself one way or another.
[01:15:04.020 --> 01:15:14.260]  But this guy was smart. I looked at him. He was very careful, very polite and would not be provoked.
[01:15:14.260 --> 01:15:23.860]  I liked this cop. I would like to see a lot more police like him. He hated what I was doing.
[01:15:24.900 --> 01:15:31.780]  He really wanted to throw me out of the building. But he didn't do what he wanted to do. He did
[01:15:31.780 --> 01:15:39.380]  what he believed was professional and correct. And if we can get our policemen doing that,
[01:15:39.380 --> 01:15:46.340]  we'll stop having problems with them. So I have run into some good ones and that pleases me to see that.
[01:15:50.340 --> 01:15:56.340]  Okay. Thank you, Mark. And keep us up to date as you stir the pot some more.
[01:15:56.340 --> 01:16:01.620]  Oh, yes. Well, you know, I'll be emailing you on occasion, sir.
[01:16:02.420 --> 01:16:06.100]  Okay. Thank you, Mark. Bye-bye.
[01:16:06.740 --> 01:16:11.700]  Bye-bye. Okay. Ms. Leslie, we're about to go to break here. But when we come back,
[01:16:12.900 --> 01:16:18.420]  I wasn't going to go here and there because we don't have enough information yet. But I'd like
[01:16:18.420 --> 01:16:26.980]  to just address it. Maybe we've got some listeners who know more about UCC-1 filings than we do. When
[01:16:26.980 --> 01:16:31.940]  we come back, we're going to spend a little time on UCC-1 filings and then we're going to go to
[01:16:31.940 --> 01:16:39.460]  Charles in Georgia and Chris in Florida. Hang on, guys. We'll get to everybody. I called it number
[01:16:39.460 --> 01:16:55.380]  512-646-1984. We'll be right back.
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[01:19:28.180 --> 01:19:52.180]  Okay, we are back. Randy Kelton used our radio and we're talking to Leslie in Georgia.
[01:19:52.180 --> 01:20:02.740]  In Georgia. Leslie in Pennsylvania. And earlier today you sent me a document by a lawyer concerning
[01:20:02.740 --> 01:20:16.020]  a UCC-1. An important part of what it says, see, courts routinely take judicial notice of UCC-1
[01:20:16.020 --> 01:20:23.300]  financing statements. C.N. Ray Flickinger. The plaintiff in this action does not hold a
[01:20:23.300 --> 01:20:29.620]  priority lien nor has the plaintiff filed a financing statement against the real subject
[01:20:29.620 --> 01:20:41.780]  property to the action. The plaintiff in this action is the foreclosing lender or alleged holder.
[01:20:41.780 --> 01:20:46.740]  Right. The one with a forged assignment or mortgage.
[01:20:48.660 --> 01:20:54.180]  Wait, say that again. It's the one with a forged assignment or mortgage on a rescinded loan.
[01:20:55.220 --> 01:21:05.780]  Oh, okay. Well, what they're saying here in this UCC-1 is that, let me go on to read this,
[01:21:05.780 --> 01:21:12.100]  the plaintiff in this action is not and cannot be a secured party creditor.
[01:21:13.780 --> 01:21:20.580]  Rodenbush Ministries is a secured party creditor having a perfected security interest. Will you
[01:21:20.580 --> 01:21:27.540]  explain who Rodenbush Ministries is relative to this property? They're a mortgage holder.
[01:21:27.540 --> 01:21:40.980]  They hold a mortgage. No, no, no. Rodenbush Ministries holds a mortgage on a property
[01:21:41.540 --> 01:21:50.100]  and they also... No, no, no, no, no. It says Rodenbush Ministries is the secured party creditor
[01:21:50.100 --> 01:21:59.380]  having a perfected security interest. This is the entity that filed a UCC-1. There was a lender
[01:21:59.380 --> 01:22:06.820]  before that and the lender, let's see, Pennsylvania Courts, Thomas Zorman, okay, Citi Mortgage.
[01:22:07.860 --> 01:22:15.220]  That's the plaintiff and this thing is saying that Citi Mortgage is not a secured lender,
[01:22:15.220 --> 01:22:24.180]  that Rodenbush Ministries is a secured lender. Right. Because Rodenbush Ministries filed a UCC-1
[01:22:24.180 --> 01:22:28.420]  and Citi Mortgage didn't. Right. Because they both filed mortgages.
[01:22:28.420 --> 01:22:39.300]  No. But Rodenbush filed a UCC-1. Yes. What I don't know is what the real
[01:22:39.300 --> 01:22:50.580]  effect of a UCC-1 financing statement is and how a UCC-1 financing statement stands in relation
[01:22:51.220 --> 01:23:00.340]  to other claims against the property. Because in this case, apparently, the original mortgage
[01:23:00.340 --> 01:23:11.860]  was antecedent or it was prior to the UCC-1 filing. Right. And that, so apparently what this lawyer
[01:23:11.860 --> 01:23:22.260]  is saying without giving us the code to back it up is that a UCC-1 filing stands before other claims.
[01:23:22.260 --> 01:23:29.700]  Yes. Would it stand before a tax lien? Yes.
[01:23:32.900 --> 01:23:42.660]  Anyway, if someone out there is up to speed on UCC in this regard, I would certainly like some
[01:23:42.660 --> 01:23:48.100]  input because I'd like to talk about this next week, but by then I want to be able to do it with
[01:23:48.100 --> 01:23:57.700]  some authority. This sounds like an excellent tool for really putting a cog in the works
[01:23:58.980 --> 01:24:04.020]  for the banks. Yes. That's what I thought.
[01:24:04.020 --> 01:24:12.980]  Because we have one now where the entity that filed the notice of foreclosure,
[01:24:12.980 --> 01:24:21.620]  this is a HELOC loan or home equity loan. And even in Texas, a home equity loan is a judicial,
[01:24:21.620 --> 01:24:29.620]  you have to file suit. Well, the entity that files suit has a HELOC mortgage,
[01:24:30.500 --> 01:24:39.220]  but they never filed it in the public record. And we have another one where there is a filing
[01:24:39.220 --> 01:24:51.940]  in the public record of a mortgage and it refers to attachment A for the property description
[01:24:52.900 --> 01:25:03.860]  and attachment A is not there. When I downloaded this from the clerk's office, it looked like
[01:25:03.860 --> 01:25:09.140]  someone was bringing it to the clerk's office and didn't have a staple on it and dropped it in the
[01:25:09.140 --> 01:25:15.700]  wind and ran around and gathered up all the papers and just stuck them in there because all the papers
[01:25:15.700 --> 01:25:24.020]  were out of place. So I took the document and broke it into images and put all the images in
[01:25:24.020 --> 01:25:31.940]  the right place. And then we saved it as a PDF. And when I got all that done, Appendix A was missing.
[01:25:31.940 --> 01:25:38.900]  So we're going to file a deed of trust, but based on this, we may also want to file a UCC1
[01:25:40.020 --> 01:25:51.700]  financing statement. Yeah. I have a question for you about rescission. We rescinded our loan timely
[01:25:51.700 --> 01:26:00.580]  about a month before the three years ran up. And in the rescission, we put, we intend to cancel
[01:26:00.580 --> 01:26:11.140]  in 20 days because it said intent in the law and it said 20 days, it's over. Well, then in the 20th
[01:26:11.140 --> 01:26:16.420]  day, we sent a notice of default and said, do not contact us, do not attempt to collect the debt,
[01:26:16.420 --> 01:26:24.020]  et cetera, et cetera. Then a couple of months later, someone said, oh, you have to say I cancel
[01:26:24.020 --> 01:26:29.620]  or I wish to cancel. You can't say I intend to cancel. So we sent another one. Wait a minute.
[01:26:29.620 --> 01:26:36.340]  Hold on, hold on. Cancel what? The loan, the mortgage loan. Oh, okay. Okay. Because it's asked
[01:26:36.340 --> 01:26:45.860]  to cancel what the case law said on rescission. Once you file it, you can't cancel it. It's a done
[01:26:45.860 --> 01:26:52.580]  deal. The other side can't cancel it. You can't cancel it even though you filed it. It's a done
[01:26:52.580 --> 01:26:57.780]  deal. Okay, go ahead. I'm sorry. I kind of interrupted you. So anyway, regardless, we have
[01:26:57.780 --> 01:27:04.580]  two rescissions filed and they're recorded in the County Recorder's Office. But now with this
[01:27:04.580 --> 01:27:11.300]  foreclosure, they're saying everything is registered to Conna because in less than a year,
[01:27:11.300 --> 01:27:19.220]  we filed a lawsuit against the lender and the judge came back and said that because the lawsuit
[01:27:19.220 --> 01:27:28.500]  was filed outside of the three-year statute of repose, that he could not adjudicate the rescission.
[01:27:30.180 --> 01:27:39.540]  He did not say it was void. The defendants in the case did not attempt to get a void. All they
[01:27:39.540 --> 01:27:44.580]  wanted to do is dismiss the case. They didn't file a notice to collect the money or anything.
[01:27:44.580 --> 01:27:50.500]  They just wanted the case to go away. So now that they're in
[01:27:50.500 --> 01:27:55.700]  foreclosure against us, they're saying everything is registered to Conna and we're saying,
[01:27:55.700 --> 01:28:00.660]  hello. Yes, it is registered to Conna. You can't file this against me because you didn't do it back
[01:28:00.660 --> 01:28:10.580]  then. I didn't try and collect any money before. They only get a year.
[01:28:10.580 --> 01:28:18.180]  Oh, okay. So now you can claim, wait a minute, there's a problem here.
[01:28:20.340 --> 01:28:27.620]  There's a rescission and this should go strictly back to property rights.
[01:28:30.340 --> 01:28:39.460]  That's one of the things I'm researching is attacking this purely on property rights.
[01:28:39.460 --> 01:28:48.500]  This is my property. I own it. And who stands forth to bring a claim against my property?
[01:28:51.700 --> 01:28:59.060]  I have a friend in New York that's been working on this for a while and I hope to have more
[01:28:59.060 --> 01:29:04.740]  information for you next week because I have to have a pleading written on that tomorrow. So I
[01:29:04.740 --> 01:29:12.100]  have to do my information in the morning, but we're fighting issues that if the rescission
[01:29:12.980 --> 01:29:19.220]  is a rescission, then these issues don't exist at all. That's your property.
[01:29:21.140 --> 01:29:27.620]  Exactly. But how do you get the court to see that since Chesnowski was decided
[01:29:27.620 --> 01:29:32.500]  after the first decision was in the court that they couldn't do it because of the three year
[01:29:32.500 --> 01:29:39.780]  statute of repose and Chesnowski turned that on its ear. They can't claim that as rest due to caught.
[01:29:46.020 --> 01:29:48.660]  Don't have all the facts in place. Hang on. We're about to go to break.
[01:29:48.660 --> 01:30:04.020]  Randy Kelton with our radio. I call it number 512-646-1984. We'll be right back.
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[01:33:31.780 --> 01:33:39.060]  Okay, we are back. Randy Kelton, we're over on our radio and we're talking to Leslie in Pennsylvania.
[01:33:40.100 --> 01:33:45.940]  When we went out, you went through a bunch of facts and you kind of lost me.
[01:33:47.220 --> 01:33:57.780]  Okay. In April of 2010, no, yeah, 2010, we filed rescission the first time,
[01:33:57.780 --> 01:34:08.180]  the tiller rescission. Then in January of 2011, we filed a lawsuit, which was later,
[01:34:08.900 --> 01:34:18.260]  my husband dismissed it. But during that time, City Mortgage kept trying to get the case dismissed.
[01:34:19.220 --> 01:34:27.540]  Then we refiled again and I think it was the end of May and they kept trying to get it dismissed
[01:34:27.540 --> 01:34:35.140]  again and they finally did get it dismissed. But now they're claiming rest judicata about the
[01:34:35.140 --> 01:34:42.580]  decision because the judge said that because the case wasn't brought to the court within the three
[01:34:42.580 --> 01:34:51.700]  year statute of repose, just like they did in Jesenowski, because they filed it like a week late
[01:34:51.700 --> 01:35:00.180]  that they couldn't adjudicate the decision. He didn't say it wasn't a decision, he said he could
[01:35:00.180 --> 01:35:06.500]  not adjudicate it. He wasn't going to even address that in the case and he just dismissed the case
[01:35:06.500 --> 01:35:14.180]  anyway. But now- Okay, but he dismissed the case, he didn't rule on any of the issues.
[01:35:14.180 --> 01:35:22.180]  And he ruled on some of the issues. They were like violations of tiller and respo,
[01:35:22.180 --> 01:35:26.100]  but he said it was beyond the statute of limitations because we just found out about the stuff.
[01:35:27.700 --> 01:35:36.340]  The primary thing is rescission. Did he give a definitive ruling denying your rescission claim?
[01:35:37.780 --> 01:35:42.500]  No. What he said is he was not going to adjudicate it because it was not brought to the court
[01:35:42.500 --> 01:35:48.820]  within the three year statute of repose. Okay. And the Supreme Court now has just ruled
[01:35:49.940 --> 01:35:53.220]  that there is no three year statute of referrals.
[01:35:56.660 --> 01:36:02.820]  So that overrules his ruling. Adjudication, yeah. You can adjudicate it anytime. Right.
[01:36:04.980 --> 01:36:10.340]  You just can't get damages after one year. Okay. Are you in a state court or a federal?
[01:36:10.340 --> 01:36:16.660]  Federal. Well, actually the foreclosures in the state court, but that was a federal case.
[01:36:17.620 --> 01:36:23.060]  And the federal judge, did he give that ruling before Jessinowski?
[01:36:24.260 --> 01:36:29.700]  Oh, okay. Years before. Okay. So now they're trying to
[01:36:32.020 --> 01:36:36.500]  stand on a claim that was overruled by the Supreme.
[01:36:36.500 --> 01:36:41.540]  Right. So that should be easy enough to handle.
[01:36:43.380 --> 01:36:49.540]  Well, I'm just going crazy with these people. I'm pulling my hair out because they're just such
[01:36:49.540 --> 01:36:55.540]  jerks. It's so obvious they're wrong and they're just trying to pull every hat.
[01:36:57.220 --> 01:37:00.100]  Well, did you bar grieve them for filing a frivolous pleading?
[01:37:00.100 --> 01:37:08.420]  I should. I should. Because they knew it. Jessinowski came out before they filed the
[01:37:08.420 --> 01:37:13.940]  lawsuit, before they filed the foreclosure. It came out and they had notice of the rescission
[01:37:14.580 --> 01:37:21.300]  through the previous action. And also from the quiet title action that they got thrown out.
[01:37:22.420 --> 01:37:25.460]  Because my husband did a quiet title, they threw that out.
[01:37:25.460 --> 01:37:30.260]  Yeah. So this is just sharp practice. Yeah.
[01:37:30.260 --> 01:37:34.820]  So turn it back on them. Every time they do sharp practice, bar grieve them.
[01:37:36.820 --> 01:37:39.540]  Yeah. And you might consider filing a
[01:37:41.700 --> 01:37:47.700]  malpractice lawsuit against them. I already started. I'm in the federal court with that
[01:37:47.700 --> 01:38:01.700]  and a RICO action and a malicious civil proceeding. And I got a violation of the professional ethics
[01:38:02.740 --> 01:38:12.340]  and malicious and intentional misrepresentation and malicious or intentional
[01:38:12.340 --> 01:38:20.900]  infliction of emotional distress, all them things. I thought I covered everything.
[01:38:23.460 --> 01:38:33.940]  So you have filed a action against the lawyers? Oh yeah. I got 17 defendants.
[01:38:36.260 --> 01:38:40.020]  Good. So they may be giving you a hard time, but
[01:38:40.020 --> 01:38:47.140]  I suspect you're giving them a lot harder time. They've already spent, get this,
[01:38:47.140 --> 01:38:54.660]  twice the value of my house in legal fees. Easily. At least I'm sure.
[01:38:57.540 --> 01:39:00.980]  But it seems they don't care how much they spend.
[01:39:02.340 --> 01:39:05.700]  No, it doesn't. They don't want a ruling against them.
[01:39:05.700 --> 01:39:14.020]  Well, I don't know what to do. I mean, I've got nine different violations on nine different
[01:39:14.820 --> 01:39:22.500]  affirmative defenses. I've got, first of all, standing. Then I've got bad faith. They entered
[01:39:22.500 --> 01:39:31.540]  it with bad faith, not intending to abide by number 16. Then I got unclean hand
[01:39:31.540 --> 01:39:39.700]  and because of the forgery, because they had bad faith and the forgery, and it affected the
[01:39:40.260 --> 01:39:48.820]  foreclosure itself. So I mean, that's the unclean hand part. Then I've got, what did they call,
[01:39:51.700 --> 01:40:00.580]  fraudulent inducement. We have a forged assignment of mortgages. Actually the party
[01:40:00.580 --> 01:40:07.380]  that's name is on the assignment as the assigning party said they had nothing whatsoever to do with
[01:40:07.380 --> 01:40:13.700]  it in the foreclosure court, not the foreclosure court, the quiet life court. So they had nothing
[01:40:13.700 --> 01:40:18.020]  whatsoever to do with the assignment. Have you went after the judge at all?
[01:40:20.340 --> 01:40:23.700]  Have you filed any judicial conduct complaints against the judge?
[01:40:23.700 --> 01:40:31.380]  Not yet, because the judge hasn't said a word. And this judge, I've seen him before and dealt
[01:40:31.380 --> 01:40:38.260]  with him before. He seems pretty fair, but it's just as weird to drive him nuts with all these
[01:40:38.260 --> 01:40:44.980]  preliminary objections. This is the third one. Well, it sounds like you're frustrated because
[01:40:44.980 --> 01:40:54.180]  the other side raised so many arguments. If the judge is not already bought and paid for,
[01:40:55.380 --> 01:41:04.660]  their excessive amount of arguments won't do them any good. All they do is cost them a lot of money
[01:41:04.660 --> 01:41:11.140]  and get them motions for sanctions. Yeah, because this is ridiculous. I mean,
[01:41:11.140 --> 01:41:16.580]  I saw this thing must have weighed 10 pounds that they sent me, just because I answered the stupid
[01:41:16.580 --> 01:41:26.580]  complaint. Well, whatever they're costing you, you're most likely costing them a lot more.
[01:41:28.340 --> 01:41:36.420]  And you're blacking their eyes badly because they can't win a case against a grandma.
[01:41:36.420 --> 01:41:43.460]  A little old lady from Pennsylvania.
[01:41:45.780 --> 01:41:49.860]  They even put in a counterfeit note. They have yet to produce any copy,
[01:41:50.660 --> 01:41:59.140]  any copy. It's a direct copy of the note as it stands today. None. They put in a copy that was
[01:41:59.140 --> 01:42:07.780]  from 2007. And we know it was copied in 2007 because it was certified by the original lender
[01:42:07.780 --> 01:42:13.540]  who sold it in 2007. Okay. So have you moved for summary judgment for their claims?
[01:42:14.980 --> 01:42:22.820]  No. You might do that. Summary judgment doesn't have to dismiss the whole case.
[01:42:22.820 --> 01:42:31.540]  Yeah. Just dismiss any of their claims that are unsupported. Yeah. I'm going to have to do
[01:42:31.540 --> 01:42:39.940]  something because I have enough on my mind. I know you sound really frustrated today,
[01:42:39.940 --> 01:42:46.180]  and this is what they count on. Yeah. They count on just burning you out.
[01:42:46.180 --> 01:42:53.380]  Fortunately, I have some that listen to what I have to say and believe me,
[01:42:55.620 --> 01:43:04.100]  but I'm really getting close to that. Because they are really going at it with the big guns.
[01:43:04.100 --> 01:43:13.140]  I told you about that one. They hired the big guns to fight me. The ones that I have going against
[01:43:13.140 --> 01:43:21.380]  me are the ones that defend the association of bankers. Well, that'll be even worse when
[01:43:21.380 --> 01:43:27.860]  you start, when this little old grandma from Pennsylvania starts stinging the big guns.
[01:43:28.820 --> 01:43:32.740]  Well, I intend to keep stinging. I'm telling you, I'm going to file some more conduct
[01:43:32.740 --> 01:43:36.820]  complaints against them. I already filed criminal charges on the quiet title thing.
[01:43:36.820 --> 01:43:44.580]  You might move for an abatement based on the criminal charges.
[01:43:47.300 --> 01:43:51.220]  Hang on, Randy Kelton. We do need to move along. I've got a whole bunch of callers.
[01:43:51.220 --> 01:43:54.020]  Randy Kelton, we'll be right back.
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[01:46:00.180 --> 01:46:25.220]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're finishing up with Ms. Leslie.
[01:46:25.220 --> 01:46:38.020]  Leslie, just don't give up on them. Hello? I say don't give up on them. That's what they
[01:46:38.020 --> 01:46:43.620]  count on is burning you out. Yeah, yeah, I'm sure of that.
[01:46:43.620 --> 01:46:57.300]  You look good. Okay, I'll let you get to other folks. Wait, say that again. Hello?
[01:46:58.180 --> 01:47:03.700]  I missed that last part. I said I'll let you get to other folks and I will keep you posted.
[01:47:04.420 --> 01:47:10.420]  Okay, thank you very much and keep us up to date. Okay. Oh, next week where I'm going to want to
[01:47:10.420 --> 01:47:16.260]  talk about the UCC-1. I'll do some research in the meantime. I've got it on my calendar.
[01:47:17.300 --> 01:47:24.340]  Okay, thank you. Okay, now we're going to go to Charleston, Georgia. Hello, Charles.
[01:47:25.700 --> 01:47:29.860]  How are you today, Randy? I am doing good and sorry to keep you so long.
[01:47:31.300 --> 01:47:37.460]  Oh, no, no, no problem. I got all day for you. Okay, what do you have for us today?
[01:47:37.460 --> 01:47:46.340]  All right, I got two separate issues. One is the criminal. I filed a motion for
[01:47:48.260 --> 01:47:52.500]  a new trial and I went ahead and got a public defender for that because I just...
[01:47:53.540 --> 01:47:58.180]  Wait a minute, wait a minute. I couldn't understand that. Can you move the mic a little
[01:47:58.180 --> 01:48:04.100]  bit away from your mouth? Your mic is distorting. I filed a motion for a new trial.
[01:48:04.100 --> 01:48:12.420]  Okay. I went ahead and got a public defender for that because I couldn't see the forest
[01:48:12.420 --> 01:48:20.660]  for the trees. I couldn't see what I did wrong in my pro se loss at trial there.
[01:48:22.260 --> 01:48:29.140]  And what has happened, he pointed out some things that the prosecutor wasn't supposed to do or
[01:48:29.140 --> 01:48:35.220]  actually pointed out some questions that the prosecutor wasn't supposed to ask one of the
[01:48:35.220 --> 01:48:44.180]  cop as the witness. And she knew that she wasn't supposed to do that. So that was misconduct on her
[01:48:44.180 --> 01:48:51.780]  part. But at this motion for new trial, this prosecutor, which wasn't the prosecutor who
[01:48:51.780 --> 01:48:58.580]  prosecuted the actual at trial, it was some other prosecutor that was in the building just came and
[01:48:58.580 --> 01:49:09.540]  did this, uttered something in her argument against my attorney. Something that only me
[01:49:09.540 --> 01:49:19.540]  and my attorney was supposed to do. The fact that I found a witness in my case here that I
[01:49:19.540 --> 01:49:26.020]  didn't bring up at trial that saw the whole thing and was in my favor. I found this witness and I
[01:49:26.020 --> 01:49:30.420]  wanted to bring it up, but they won't let that be a part of this motion for a new trial.
[01:49:31.220 --> 01:49:37.380]  But for some reason, she brought up that fact at the motion for a new trial that I found
[01:49:38.260 --> 01:49:45.700]  new evidence and I wanted to present this new evidence. And I looked at her and the judge looked
[01:49:45.700 --> 01:49:53.300]  at her and my attorney looked at her as if she was crazy because we didn't raise that argument.
[01:49:53.300 --> 01:49:59.220]  Now, wait a minute, wait a minute, hold on. You may actually have an honest prosecutor.
[01:50:02.260 --> 01:50:10.020]  If the law is similar in Georgia, in Texas, under duties of officers, Chapter 2, Code of Criminal
[01:50:10.020 --> 01:50:20.340]  Procedure 2.01, very first one addresses prosecutors and it says, it shall be the primary
[01:50:20.340 --> 01:50:29.780]  duty of the prosecuting attorney not to secure conviction, but to ensure that justice is served
[01:50:29.780 --> 01:50:35.140]  shall not secret witnesses or evidence that may show the innocence of the accused to mitigate
[01:50:35.140 --> 01:50:41.300]  the guilt of the accused. Okay, that's paraphrased, it's a little bit more convoluted than that,
[01:50:41.300 --> 01:50:49.620]  but that's in pertinent part what it says. You probably have something similar in Georgia law
[01:50:49.620 --> 01:50:56.500]  if you don't, you certainly have it in the American Bar Association,
[01:51:03.300 --> 01:51:09.460]  forget the name of it, something for the prosecutorial function, the standards for
[01:51:09.460 --> 01:51:18.420]  prosecutorial function. And it specifically says that the prosecutor can't secret witnesses or
[01:51:18.420 --> 01:51:27.140]  evidence. And if this prosecutor came across this witness herself, or the other prosecutor might have
[01:51:27.140 --> 01:51:34.580]  known of the existence of this witness and deliberately didn't bring it, and this prosecutor
[01:51:34.580 --> 01:51:41.140]  gets the case and says, holy mackerel, there's a witness they didn't bring. She may not be there
[01:51:41.140 --> 01:51:46.340]  just to get you convicted. She may actually be trying to see that justice is served.
[01:51:46.340 --> 01:51:53.060]  Well, this is what has happened. I think you got the story just a little bit twisted. I
[01:51:54.100 --> 01:52:04.100]  came across a witness that saw everything and saw everything in my favor in this case.
[01:52:04.820 --> 01:52:10.340]  But I didn't come across it until my trial was already over. And I had already been thrown in
[01:52:10.340 --> 01:52:19.940]  jail for 14 days. And now I'm searching for a new trial. So I told my attorney about this witness
[01:52:19.940 --> 01:52:29.220]  that I came across. And the first one, I told her about it. And she said, well, we can't use it.
[01:52:31.140 --> 01:52:37.780]  And that's already over with. Now we have to look for things in the trial that we can use so we can
[01:52:37.780 --> 01:52:47.940]  get an appeal. But somehow that first defender is gone and I got...
[01:52:47.940 --> 01:52:50.340]  Wait a minute. Wait a minute. You're saying the same thing over again.
[01:52:51.460 --> 01:52:55.940]  Did you tell the prosecuting attorney about this witness?
[01:52:57.140 --> 01:52:59.140]  No. I did.
[01:52:59.140 --> 01:53:03.220]  Did anybody that you know of tell the prosecuting attorney about this witness?
[01:53:04.260 --> 01:53:05.380]  They should not have.
[01:53:05.380 --> 01:53:12.820]  No. So is it possible that the prosecuting attorney came to knowledge of this witness
[01:53:13.460 --> 01:53:16.020]  through their investigator's investigation?
[01:53:20.020 --> 01:53:25.460]  No. Then your lawyer had to have told them.
[01:53:25.460 --> 01:53:33.940]  Exactly. That's what I'm getting at. Okay. So what? That's not a problem.
[01:53:37.060 --> 01:53:39.540]  Okay. That's not confidential.
[01:53:41.300 --> 01:53:47.300]  The existence of a witness in your favor is not something that the lawyer needs to hide from the
[01:53:47.300 --> 01:53:52.180]  prosecution. So my question to you is why would you not bring up the fact of this witness?
[01:53:52.180 --> 01:53:57.860]  I didn't know of this witness until after the trial had already...
[01:53:57.860 --> 01:54:04.740]  No. Wait a minute. Even so, you seem to be upset that the prosecutor brings up a witness
[01:54:04.740 --> 01:54:08.340]  that's in your favor. Am I missing something here?
[01:54:10.740 --> 01:54:16.180]  Well, the practice, how did they know about this witness?
[01:54:16.180 --> 01:54:18.260]  Your lawyer probably told them.
[01:54:18.260 --> 01:54:22.260]  And that's okay?
[01:54:23.140 --> 01:54:30.100]  Yeah, that's okay. That don't hurt you. Once the lawyer knows about this witness,
[01:54:30.660 --> 01:54:35.540]  that invokes a duty on her part. And it sounds like the lawyer performed her duty.
[01:54:36.900 --> 01:54:42.980]  It noticed the court that another witness is available that may show the innocence of this
[01:54:42.980 --> 01:54:47.780]  person. And that's really what the prosecutor's job is. It sounds like the prosecutor may be
[01:54:47.780 --> 01:54:57.300]  doing what she's supposed to. Part of the difficulty of getting into a fight like this
[01:54:58.820 --> 01:55:03.860]  is we sometimes lose our perspective.
[01:55:06.100 --> 01:55:13.780]  We seem to have the perception that you're the good guy, they're the bad guy. This is black and
[01:55:13.780 --> 01:55:20.740]  that's white. And everything this person does is against me. Everything I do is for me. It's not
[01:55:20.740 --> 01:55:29.060]  necessarily that way. It may be that the prosecutor is... It sounds like the prosecutor is acting in
[01:55:29.060 --> 01:55:40.580]  your benefit. So was there any response from the court to this? Or what was the context in which
[01:55:40.580 --> 01:55:50.900]  the prosecutor brought this up? Well, her argument was against my circuit defender's argument that
[01:55:53.060 --> 01:56:00.340]  I failed to object to the prosecutor's misconduct in asking these questions.
[01:56:00.340 --> 01:56:12.100]  And her response was, well, since I failed to object timely, then the court can't argue
[01:56:12.100 --> 01:56:18.820]  in my favor for me and do my work for me as a pro se. So I lost that right. And the only reason
[01:56:18.820 --> 01:56:24.100]  why I'm bringing this motion for a new trial is because I have a new witness that I would like to
[01:56:24.100 --> 01:56:31.700]  bring forth. And I had my opportunity to bring that witness in the first trial, and I should not
[01:56:31.700 --> 01:56:38.500]  get a new chance because I waived my right to the objection in the first trial to object.
[01:56:39.540 --> 01:56:45.060]  Wait a minute. Wait a minute. That didn't make sense. What did you fail to object to?
[01:56:45.060 --> 01:56:54.660]  I failed to object to a question that the original prosecutor asked a witness.
[01:56:55.700 --> 01:57:02.980]  Okay. What does that have to do with a new witness that you weren't aware of at the time of trial?
[01:57:02.980 --> 01:57:14.020]  Well, since I didn't bring that... Well, the argument is I had ample opportunity to
[01:57:15.700 --> 01:57:25.700]  get that witness before this trial started, the first trial, and bringing this witness just because...
[01:57:25.700 --> 01:57:32.980]  So she's presuming that you were aware of this witness during the first trial?
[01:57:34.580 --> 01:57:35.780]  Yes. That's what...
[01:57:35.780 --> 01:57:44.260]  Okay. That's easy enough. That should be easy enough to handle. The witness will testify that
[01:57:44.900 --> 01:57:52.020]  you didn't contact her, you had no knowledge of her or him during the first trial. That's
[01:57:52.020 --> 01:57:59.780]  easy enough to handle. And a good chance your lawyer told them that there was another witness,
[01:57:59.780 --> 01:58:05.540]  and that's great that the prosecutor brought it up. Prosecutors should know when to keep their
[01:58:05.540 --> 01:58:15.060]  mouth shut. That might actually get you a new trial. Hang on, Randy Kelton, Wheel of Law Radio.
[01:58:15.060 --> 01:58:21.380]  I called it number 512-646-1984. This is a top-of-the-hour break, so it's a real good
[01:58:21.380 --> 01:58:28.580]  time to go to Logos Radio Network and look at our sponsors, and if they have anything that you can
[01:58:28.580 --> 01:58:40.420]  use or any services that you can benefit from, like credit issues or a jurisprudence...
[01:58:40.420 --> 01:58:45.860]  Jurisdictionary. If you listen to this show and you like the idea of being able to fight,
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