ROL_2016-02-05_16k_Hr1-2.timecode

[00:00.000 --> 00:05.920]  The following newsflash is brought to you by the Lone Star Lowdown, providing the jelly
[00:05.920 --> 00:08.360]  bulletins for the commodities market.
[00:08.360 --> 00:21.360]  Today in history, news updates and the inside scoop into the tides of the alternatives.
[00:21.360 --> 00:27.000]  Markets for Wednesday the 3rd of February 2016 are currently treading with gold at $1,138.10
[00:27.000 --> 00:34.480]  an ounce, silver at $14.63 an ounce, Texas crude at $29.88 a barrel, and Bitcoin is currently
[00:34.480 --> 00:43.640]  sitting at about $370 U.S. currency.
[00:43.640 --> 00:49.600]  Today in history, the year 1966, the Luna 9 Russian spacecraft became the first unmanned
[00:49.600 --> 00:54.840]  probe to achieve a soft landing on the moon, or any other planetary body for that matter,
[00:54.840 --> 00:57.680]  also known as the YE-6 No. 13.
[00:57.680 --> 01:06.040]  It was the first probe to transmit photographic data to Earth from the lunar surface.
[01:06.040 --> 01:09.960]  In recent news, Sandra Merritt, one of the two indicted with tampering with governmental
[01:09.960 --> 01:14.480]  documents in order to create fake driver's license in a plot with anti-abortion activists
[01:14.480 --> 01:19.040]  to obtain the undercover video footage exposing Planned Parenthood for selling human body
[01:19.040 --> 01:22.480]  parts, turned herself in to Texas authorities today.
[01:22.480 --> 01:25.160]  She posted her $2,000 bond and was later released.
[01:25.160 --> 01:29.120]  However, the news conference that she was scheduled to hold afterwards was canceled.
[01:29.120 --> 01:32.760]  David Daley-Iden, the main activist behind the videos, plans to turn himself over to
[01:32.760 --> 01:35.660]  authorities tomorrow, his attorneys have stated.
[01:35.660 --> 01:41.080]  He does ironically face an additional misdemeanor charge related to the purchase of human tissue.
[01:41.080 --> 01:45.240]  Ironic because, if you recall, a grand jury in Houston, Texas that had been tasked with
[01:45.240 --> 01:50.120]  looking into the wrongdoing by Planned Parenthood announced that it was indicting Daley-Iden
[01:50.120 --> 01:56.720]  and Merritt instead.
[01:56.720 --> 01:59.000]  The results for the Iowa caucus are as follows.
[01:59.000 --> 02:05.520]  For the Republican party, Ted Cruz, eight delegates or 27.7%, Donald Trump, seven delegates
[02:05.520 --> 02:14.360]  or 24.3%, Mark Rubio, seven delegates, 23.1%, Ben Carson, three delegates or 9.3%, Rand
[02:14.360 --> 02:20.120]  Paul, one delegate, 8,481 votes, 4.1%.
[02:20.120 --> 02:25.160]  Officially Rand Paul did drop out this morning, stating the lack of funds and support as his
[02:25.160 --> 02:26.160]  main cause.
[02:26.160 --> 02:33.800]  Jeb Bush, one delegate at 2.8%, Carly Farina, one delegate at 1.9%, and John Kasich, one
[02:33.800 --> 02:36.400]  delegate at 1.9%.
[02:36.400 --> 02:41.080]  For the Democrats, it was actually decided by a coin toss which gave Hillary six wins
[02:41.080 --> 02:42.080]  out of six tosses.
[02:42.080 --> 02:51.280]  Hillary Clinton got 23 delegates and Bernie Sanders 21 delegates, at least being a lowdown
[02:51.280 --> 03:13.720]  for February 3rd, 2016.
[03:13.720 --> 03:40.920]  I'm going to start out today, we have the phone lines open, we'll keep them open all
[03:40.920 --> 03:41.920]  night.
[03:41.920 --> 03:48.160]  So, if you have a question or comment, give us a call, but while I'm waiting for the phones
[03:48.160 --> 03:59.400]  to start, I'm going to talk about language, I have been for the last three or four shows.
[03:59.400 --> 04:10.760]  But if we are to take back our legal system, there are some things we have to know and
[04:10.760 --> 04:19.200]  some habits that we need to develop that will increase our effectiveness when we deal with
[04:19.200 --> 04:22.440]  these folks.
[04:22.440 --> 04:32.880]  And most of it goes to language and how human beings react to language.
[04:32.880 --> 04:42.200]  I think last week I talked about how to write legal documents or how to better write legal
[04:42.200 --> 04:43.200]  documents.
[04:43.200 --> 04:52.600]  And I'm going to start out talking about some of the more subtle things concerning writing
[04:52.600 --> 04:55.840]  well-structured legal documents.
[04:55.840 --> 05:01.020]  The first thing I want to talk about is rapport.
[05:01.020 --> 05:11.360]  In order to get someone to be able to read your document and come away from it with an
[05:11.360 --> 05:18.920]  understanding of what you're trying to import, the first thing you have to do is get rapport.
[05:18.920 --> 05:27.120]  You have to give them a reason to read the next word.
[05:27.120 --> 05:37.640]  A lot of these documents start out and somebody has no idea what they're looking for or what
[05:37.640 --> 05:44.240]  they're reading, where this person is going, they just start putting words in there.
[05:44.240 --> 05:49.880]  Large number of these legal documents start out with listing the parties and then listing
[05:49.880 --> 05:50.880]  the venue.
[05:50.880 --> 05:58.120]  And in my opinion, that's a really bad mistake because you're already boring the reader from
[05:58.120 --> 05:59.120]  the get go.
[05:59.120 --> 06:06.000]  The first thing that should be in the document is you should tell them what you're going
[06:06.000 --> 06:08.080]  to tell them.
[06:08.080 --> 06:14.440]  Now there is a pseudo structure to legal documents.
[06:14.440 --> 06:25.520]  The judges want parties right at the top and venue right after parties, but you can put
[06:25.520 --> 06:30.120]  something in front of parties and the thing you should put in front of parties is not
[06:30.120 --> 06:37.160]  necessarily a summary of what you're going to say, but just basically a sentence, maybe
[06:37.160 --> 06:44.840]  two sentences telling the judge what this document is going to be about.
[06:44.840 --> 06:49.680]  That gives the reader referential index.
[06:49.680 --> 06:55.920]  It gives them a place in their mind to go mark this out and everything, now you're telling
[06:55.920 --> 07:02.540]  them everything I'm going to talk about from here down, say it's going to be about a quiet
[07:02.540 --> 07:08.920]  title action where I will be challenging the validity of a document filed in the public
[07:08.920 --> 07:14.100]  record, specifically a deed of trust and assignment or whatever.
[07:14.100 --> 07:17.800]  Now he knows where you're going to be going with everything.
[07:17.800 --> 07:23.840]  Now he has a context in which to put it.
[07:23.840 --> 07:33.720]  Then you give him the parties, then the venue, you show that he has venue, he has jurisdiction
[07:33.720 --> 07:38.960]  and venue and then you go to statement of facts.
[07:38.960 --> 07:48.120]  Statement of facts, we've talked about this before and how if it's well done, stating
[07:48.120 --> 07:57.640]  the facts is essentially an art form and it goes to artful vagueness.
[07:57.640 --> 08:05.680]  I tell these stories on the air and if you go back and think about the stories that I
[08:05.680 --> 08:12.520]  tell and consider the detail I give you when I tell the story.
[08:12.520 --> 08:24.880]  When I give detail in a story, I try to only select detail that must be there.
[08:24.880 --> 08:34.500]  Say I'm going to talk about walking down a beach, I can talk about the feel of the sand
[08:34.500 --> 08:43.920]  against my feet, the temperature of the air, the sea breeze, but I can't talk about a horn
[08:43.920 --> 08:50.580]  honking in the background or I can, but it doesn't have to be there.
[08:50.580 --> 09:03.000]  If I only give you information that must be there, then you have to fill in all the blanks.
[09:03.000 --> 09:08.240]  If I don't tell you what the temperature is, you will put in a temperature that would meet
[09:08.240 --> 09:16.360]  your own personal expectation of what the temperature should be on a beach.
[09:16.360 --> 09:25.520]  The smells, all of these other aspects of a beach that don't have to be there, I don't
[09:25.520 --> 09:26.520]  put them in.
[09:26.520 --> 09:36.920]  This is a book by Dean Koontz and in this story he was an investigator and he went to
[09:36.920 --> 09:47.720]  see the widow of an investigator who had investigated some person, but this investigator died so
[09:47.720 --> 09:53.000]  he went to see if the wife had some of the information, the files that he needed.
[09:53.000 --> 10:03.920]  He spent about five pages describing the place where she lived.
[10:03.920 --> 10:10.980]  Aging motor homes, small aging motor home and he described the flower beds and the porch
[10:10.980 --> 10:17.600]  and the colors and the types of paneling inside and the kinds of furniture, just went on and
[10:17.600 --> 10:20.000]  on and on.
[10:20.000 --> 10:33.440]  If he had said she lived in an aging but well-kept, an aging, quaint and well-kept mobile home,
[10:33.440 --> 10:44.120]  I would have created in my mind an aging, quaint but well-kept mobile home that suited
[10:44.120 --> 10:48.040]  my image of what that was.
[10:48.040 --> 10:55.160]  As it was, he started telling me something about it and this goes to a reality stack.
[10:55.160 --> 11:01.400]  He told about what kind it was, about how long it was, so I have to imagine this type
[11:01.400 --> 11:02.400]  of trailer.
[11:02.400 --> 11:07.160]  It was a Gulf Stream and anybody who knows trailers at all Gulf Streams are these shiny
[11:07.160 --> 11:13.080]  aluminum ones, so I create this shiny aluminum trailer in my brain and he tells me how long
[11:13.080 --> 11:17.720]  it is and I have to create how long it is and he tells me how big the porch is and I
[11:17.720 --> 11:22.680]  have to take my image and adjust it to put this porch on it and he tells me about flower
[11:22.680 --> 11:27.160]  beds and I have to adjust to put the flower beds in it and on and on and on and on and
[11:27.160 --> 11:34.960]  I have to keep adjusting my images to suit this description he's making.
[11:34.960 --> 11:44.760]  If he had given me just enough information for me to create in my own mind a motor home
[11:44.760 --> 11:51.600]  that fit my concept, I would have been in much better rapport with him as it was I wanted
[11:51.600 --> 11:56.480]  to bounce the book off the wall because he was really annoying me with superfluous and
[11:56.480 --> 11:58.520]  unnecessary detail.
[11:58.520 --> 12:04.760]  Can you write a statement of facts?
[12:04.760 --> 12:12.520]  Give the facts that must be there and try to give them in a way so that the listener
[12:12.520 --> 12:24.480]  has to construct a scenario himself for the most part and you just give a few enough facts
[12:24.480 --> 12:30.800]  to give him direction so the scenario fits the situation.
[12:30.800 --> 12:42.360]  If a fact is not absolutely necessary to the outcome and the fact would cause the reader
[12:42.360 --> 12:55.000]  to have to adjust their concept of the facts to your particular situation don't tell it
[12:55.000 --> 13:11.560]  just leave it out and I'm afraid my computer just got itself a headache.
[13:11.560 --> 13:22.760]  Hold on just a second I'm trying to keep the whole system from crashing, anyway I'll try
[13:22.760 --> 13:28.680]  to keep this thing going until we go to break.
[13:28.680 --> 13:37.280]  Artful vagueness, the point I tell my stories you listen to the stories and I only tell
[13:37.280 --> 13:43.760]  you the stories are always real sparse I don't give any extra detail so that's so that you
[13:43.760 --> 13:49.520]  create the story essentially yourself and when you create that story then it's much
[13:49.520 --> 13:58.240]  more immediate to you excuse me I'm a little distracted here I'm afraid I may have to shut
[13:58.240 --> 14:10.440]  my whole system down here to get this thing to come back don't crash if I lose if you
[14:10.440 --> 14:25.040]  lose me I'll be back in a second okay got something I think I can fix it got it okay
[14:25.040 --> 14:31.120]  sorry about that little distraction I had to go into the system and shut off one of
[14:31.120 --> 14:37.600]  these programs from the back side but I got it okay we do have two or three calls in since
[14:37.600 --> 14:45.360]  I've kind of screwed up my momentum I will go ahead and go to Scott in Texas hello Scott
[14:45.360 --> 14:54.040]  how are you doing there Mr. Kill I'm not doing so good my system's trying to crash on me
[14:54.040 --> 15:03.640]  and I'm trying to keep it not crashing okay what do you have for us today well today was
[15:03.640 --> 15:11.360]  a pretty good day I finally went to Tarrant County and indicted the judge from Addison
[15:11.360 --> 15:17.880]  Texas with the Tarrant County grand jury for official oppression 3903 at the Texas penal
[15:17.880 --> 15:27.920]  code thank you very much boom wonderful this was we were testing out the district attorney
[15:27.920 --> 15:33.840]  this is the district attorney that I worked on when she first got in office and got her
[15:33.840 --> 15:41.120]  to stand aside when I brought criminal complaints against the Dallas County District Attorney
[15:41.120 --> 15:46.720]  I brought criminal complaints to the Tarrant County District Attorney accusing the Dallas
[15:46.720 --> 15:53.040]  County District Attorney of interfering with my access to a grand jury so the Tarrant County
[15:53.040 --> 15:58.360]  District Attorney decided not to interfere with my access to the grand jury and I wanted
[15:58.360 --> 16:07.120]  to see if she would do the same thing for someone else and she did now we will see what
[16:07.120 --> 16:13.200]  kind of response we get back this should be very interesting because the complaint I filed
[16:13.200 --> 16:19.300]  I got a letter from the foreman of the grand jury said that the grand jury examined into
[16:19.300 --> 16:25.020]  my accusations and found no Tarrant County complaints subject to indictment well now
[16:25.020 --> 16:30.640]  I'll be filing criminal charges against the foreman so I want to see what happens this
[16:30.640 --> 16:36.400]  time it will be interesting and this was a great complaint because this cousin judge
[16:36.400 --> 16:44.120]  yelled at him in court a municipal judge he's going to get this judge's attitude adjusted
[16:44.120 --> 16:51.320]  hang on Randy Kelton we will allow radio and while we're on break have a look at our sponsors
[16:51.320 --> 16:57.200]  and look at our gun giveaway we've got our fundraiser going we use all the help we can
[16:57.200 --> 17:06.960]  get we'll be right back non-gmo solutions.com is now a proud sponsor of the logos radio
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[19:00.400 --> 19:17.680]  you are listening to the logos radio network logosradionetwork.com
[19:20.960 --> 19:26.560]  okay we are back we're in kelton with the radio and we're talking to scott in texas
[19:26.560 --> 19:37.840]  so scott so you went down there and what went on how did it go give us the juicy dj
[19:37.840 --> 19:44.640]  gals well it was really really simple too you know i mean i walked through there and as soon
[19:44.640 --> 19:49.680]  as i got to the screen or thing yes there's a tarrant county jury on the second floor grand
[19:49.680 --> 19:54.000]  jury on the second floor i go yep and so i was like okay went through their little
[19:54.000 --> 20:01.520]  hoops and uh walked up there asked the guy you know i said is tearing you know i'm here to
[20:02.240 --> 20:09.840]  give you this paperwork for the grand jury and he said okay and uh i asked if uh if i could get to
[20:10.640 --> 20:17.200]  his bailiff's name and he gave me his name and i was asking for the grand jury form his name he
[20:17.200 --> 20:23.280]  said i'm not going to give you that and i was like okay and so i said the grand jury and they said
[20:23.280 --> 20:28.320]  he said yeah they're convened right now i said okay we'll just give them this i'm giving 13
[20:28.320 --> 20:34.560]  copies and turned around walked off and drove home so this case is going to get even better
[20:34.560 --> 20:41.760]  because the the cop gave me soon when he got me booked in jail after he smashed my window out
[20:41.760 --> 20:49.280]  called me to jail then once he got me to jail is when he figured out my license was invalid so he
[20:49.280 --> 20:55.840]  charged me with that but he gave it to Dallas county well i just went this week and got that
[20:55.840 --> 21:03.120]  charge dismissed and on their actual on the dismissal it says case was filed in Addison
[21:03.120 --> 21:08.480]  and they didn't have enough prima facie evidence to support a case and the state respectfully
[21:08.480 --> 21:17.360]  dismissed so now that he tried jumping up a charge on me while i was in jail that got kicked out so
[21:17.360 --> 21:22.720]  now we're talking about the tort letters and stuff so i'm really interested to figure out how we start
[21:22.720 --> 21:33.520]  going after that well if he fall if he filed a complaint and the complaint was insufficient
[21:34.160 --> 21:40.000]  and it was insufficient as established by the prosecuting attorney
[21:40.000 --> 21:46.560]  and then you file a guest of the officer for filing a fraudulent complaint or
[21:47.680 --> 21:54.720]  securing and executing a document by deception tampering the government document whichever one
[21:54.720 --> 22:03.840]  fits best securing and executing probably doesn't fit this one but tampering certainly would
[22:03.840 --> 22:10.480]  or aggravated perjury where he stated under oath that he had reason to believe and did believe he
[22:10.480 --> 22:15.920]  had committed this crime when in fact he did not have reason to believe as evidenced by
[22:15.920 --> 22:23.120]  prosecuting attorney now he's not just some ordinary everyday average joe who can make this
[22:23.120 --> 22:32.400]  mistake he's a professional police officer he don't get to make this mistake so what
[22:32.400 --> 22:36.160]  does that mean so that might be another way to go after it
[22:39.920 --> 22:45.200]  well whatever you know i mean and you were the one that was kind of telling me a little bit about
[22:45.200 --> 22:51.200]  some of the avenues to go and i'm i'm just kind of like okay how do we go teach these people less
[22:51.200 --> 22:56.400]  i mean because he just when he got to jail when he got me to jail he's like oh i found this i'm
[22:56.400 --> 23:01.520]  just going to charge you with that too like and you know another thing he took my phone and didn't
[23:01.520 --> 23:08.080]  turn that in with the property and went and took it off for about an hour and then for two and then
[23:08.080 --> 23:14.160]  came back and turned my phone in so i think he went and was cruising through my phone to see if
[23:14.160 --> 23:20.480]  he could find any nude pictures or anything and uh try to trump up more charges because i just
[23:20.480 --> 23:26.640]  was remembering about it there was another guy that was in jail there just for that having some
[23:26.640 --> 23:32.080]  kind of you know pictures on his phone nudie pictures on his phone and stuff you know so i'm
[23:32.080 --> 23:38.640]  like i bet they were sitting there trying to uh find other stuff and then you know maybe go
[23:38.640 --> 23:44.080]  you know get a little bogus born to try to say oh yeah we got this and reasonably blah blah blah
[23:44.080 --> 23:56.640]  just you know okay well didn't you make a video of that well of the initial stop yes now you tell
[23:56.640 --> 24:05.120]  everybody what you did with it was the video if anybody wants to go see it it's adison texas cop
[24:05.120 --> 24:12.480]  smashing out windows and uh i thought he just took my phone to go erase the video but he didn't do it
[24:12.480 --> 24:17.680]  and uh i was expecting the video to be completely erased when i got my phone back
[24:18.400 --> 24:23.680]  but he didn't do it it's a good thing because it automatically uploads to the cloud and i would
[24:23.680 --> 24:31.840]  really got him in for tampering with my phone erasing stuff but uh so but anyhow like i say
[24:31.840 --> 24:40.000]  um i i took the video of the whole encounter and posted it up on youtube and it has like 1.8
[24:40.000 --> 24:48.960]  million hits right now and so it it was crazy it was it was amazing so now you have him
[24:50.960 --> 24:58.800]  using what do you use his nightstick to break your window yeah a little extendable baton
[24:58.800 --> 25:03.360]  you know collapsible time so he used a weapon to break out your window
[25:03.360 --> 25:10.480]  so when according to the district attorney he lacked probable cause
[25:13.520 --> 25:16.320]  and he was prominently displaying a deadly weapon
[25:18.000 --> 25:27.280]  so the your allegation that his use of force was excessive is bolstered by the fact that
[25:27.280 --> 25:34.800]  the prosecuting attorney dismissed the complaint for lack of prima facie evidence
[25:38.560 --> 25:43.920]  now you got a good shot at first degree felony aggravated assault at least you get to make
[25:43.920 --> 25:52.720]  the charge with a little more foundation well i mean because the original but the original
[25:52.720 --> 25:58.080]  the original reason or the probable cause was speeding which he didn't even charge me with
[25:58.080 --> 26:07.840]  to start with well he couldn't get to probable cause on that anyway exactly so he didn't have
[26:07.840 --> 26:16.960]  any this would be a great place to challenge problem challenge the application of the
[26:16.960 --> 26:27.760]  transportation code to a traveler to jurisdiction go ahead it would be challenging the total
[26:27.760 --> 26:36.320]  jurisdiction because he pulled me over for speeding but when i'm not speeding according
[26:36.320 --> 26:42.160]  to the code because i'm not i'm a traveler i'm that's i can't be that meeting i'm not
[26:42.160 --> 26:51.520]  probably stem our but this might be what deborah would call a bank shot where you go after the
[26:51.520 --> 26:58.640]  officer for first degree felony aggravated assault because it fits the statute and i'm sure somebody
[26:58.640 --> 27:06.400]  out there listening is going to say that's kind of excessive well i didn't write the statute
[27:06.400 --> 27:15.200]  i just read it and here's what the legislature said they said when we put a pistol on your
[27:15.200 --> 27:24.560]  hip that is really really serious business and you have to be really really careful now
[27:24.560 --> 27:31.280]  maybe not in other states but in this state if anyone commits simple assault and they are
[27:31.280 --> 27:36.480]  prominently displaying a deadly weapon rather they commit assault assault with the weapon or not
[27:37.280 --> 27:44.880]  that's a second degree felony unless they are a public official acting under the color
[27:44.880 --> 27:52.160]  or pretense of an official capacity then it's a first degree felony 20 to life our legislators
[27:52.160 --> 28:01.440]  intended that when that policeman put that pistol on his hip he'd be very very careful about how
[28:01.440 --> 28:10.640]  he uses his force and this might be a very good way of letting them know that we are very serious
[28:10.640 --> 28:18.800]  about it and you take on his subject matter jurisdiction by saying he never had authority
[28:18.800 --> 28:26.320]  in the first place you have filed in but i helped scott put together a challenge subject matter
[28:26.320 --> 28:32.080]  jurisdiction and in the challenge to subject matter jurisdiction we went through the
[28:32.560 --> 28:42.560]  transportation code where the transportation code authorizes police officers to enforce
[28:42.560 --> 28:49.120]  the transportation code what the code says is that the sheriff of the county can appoint five
[28:49.120 --> 28:59.600]  people to enforce the traffic code and of those those five people must apply to the department of
[28:59.600 --> 29:06.240]  transportation department of public safety for certification and then it lifts
[29:06.240 --> 29:14.400]  those people who can apply for certification and put a peace officer from adison county
[29:14.400 --> 29:25.760]  does not fall within those parameters a police officer employed by the city of city of adison
[29:25.760 --> 29:35.680]  can not be certified to enforce the traffic code it's right there in the code it's very very clear
[29:38.240 --> 29:43.840]  they got a problem this would be a great bank shop you're not going after the code directly
[29:43.840 --> 29:48.640]  you're using it sure he doesn't have jurisdiction randy kelton we will law radio i call it number
[29:48.640 --> 30:03.520]  five one two six four six 1984 we'll be right back in japan where pampering your dog is serious stuff
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[32:05.920 --> 32:09.680]  in today's america we live in an us against them society and if we the people are ever going to
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[33:13.440 --> 33:33.680]  Hey we are back randy kelton rule of law radio here with scott from texas okay scott
[33:34.400 --> 33:43.360]  so probably you already have the best complaint we can file and that's the first degree felony
[33:43.360 --> 33:54.800]  aggravated assault but then the grand jury is very unlikely that they would indict this officer for
[33:54.800 --> 34:02.000]  first degree felony aggravated assault even though it exactly fits the statute but what they might do
[34:02.640 --> 34:07.520]  is if you charged him in the alternative with a lesser included offense
[34:07.520 --> 34:20.160]  if you upset the grand jury at this guy and they don't want to indict him for a first degree felony
[34:20.160 --> 34:29.680]  which is extreme to say the least they just might take him on for something lesser
[34:29.680 --> 34:39.600]  official oppression it's always back to 3903 yeah it is that's my catch-all
[34:40.720 --> 34:50.000]  and you know eddie and i were at a house subcommittee meeting and they were discussing 3903
[34:50.000 --> 34:59.600]  meeting and they were discussing 3903 discussing a bill to upgrade it from a misdemeanor to a felony
[34:59.600 --> 35:06.000]  where there was a bodily injury and a prosecuting attorney from houston stood up in front of the
[35:06.000 --> 35:15.440]  subcommittee looked him right in the eye and lied like a dog he told them the only thing he could
[35:15.440 --> 35:23.520]  charge the officer with are these officers there were six of them that chased a 16 year old boy a
[35:23.520 --> 35:31.680]  little 90 pound boy the kids stopped and laid down on his face with his arms and legs straight out
[35:32.400 --> 35:36.560]  they ran up to him and kicked and stomped him for a minute and 20 seconds
[35:36.560 --> 35:44.160]  now that don't sound like a long time but if you got six men kicking and stomping you that is a
[35:44.160 --> 35:51.120]  very long time and the city was absolutely incensed and a whole number of churches were
[35:51.760 --> 35:59.200]  pushing this legislation well the lawyer got up in front of the subcommittee and told them that
[35:59.200 --> 36:07.040]  the only thing he could charge him with was class a misdemeanor official oppression
[36:08.480 --> 36:16.880]  and eddie got up there and just reamed him good and told the committee pointed right at that lawyer
[36:16.880 --> 36:25.520]  this lawyer got up here and he lied like a dog to you and he quoted him 2202b2a it was very clear he
[36:25.520 --> 36:30.640]  could be charged with first degree felony every one of them could have and that probably would
[36:30.640 --> 36:37.040]  have been a really good idea because the likelihood of them getting indicted for first degree felony
[36:37.040 --> 36:46.720]  somewhere between little to none most likely they would get no built but just the fact that for
[36:46.720 --> 36:56.320]  for acting on their adrenaline kicking and stomping this kid just because they could
[36:57.920 --> 37:03.520]  it would end that garbage because you never know when you're going to get a grand jury
[37:04.080 --> 37:08.400]  that's got somebody on there that may have been through a similar experience
[37:08.400 --> 37:15.840]  or has had a son or a grandson who's been through a similar experience well grand juries like playing
[37:15.840 --> 37:27.440]  Russian event you just never know so it'd be interesting to see how this shakes out
[37:29.520 --> 37:37.120]  and we talked about filing the against the judge and against the officer and he's filed against
[37:37.120 --> 37:41.360]  the judge this week he's going to wait another week or so before he files against the officer
[37:41.360 --> 37:47.360]  so that the grand jury doesn't get them both and throw one or both of them out they have to consider
[37:47.360 --> 37:55.600]  each of them separately but i suspected when they get a call and the most likely will get a call
[37:55.600 --> 38:06.480]  in this case probably from the Texas Rangers because now the district attorney no longer has
[38:06.480 --> 38:13.440]  a public integrity unit that duty has been turned over the Texas Rangers so when this judge gets a
[38:13.440 --> 38:22.320]  call from the Texas Rangers wanting to know why they shouldn't get him indicted for for official
[38:22.320 --> 38:29.280]  oppression that ought to get real interesting i'd like to be a fly on the wall when the judge gets
[38:29.280 --> 38:41.200]  the call i just found out about judge cooper in garland in august of last year
[38:42.400 --> 38:52.640]  i went to i'm sorry was it before last i went to stop a foreclosure and i was helping a woman with
[38:52.640 --> 39:00.000]  her foreclosure issue and judge cooper he was a lawyer so he knew better really a little arrogant
[39:00.000 --> 39:07.520]  little snot uh they came to foreclose and they had a trustee's deed but it hadn't been filed in the
[39:08.240 --> 39:15.120]  with the county clerk so i challenged subject matter jurisdiction of the court and the judge said
[39:15.120 --> 39:21.760]  well mr kelton they have a it well first the judge said well i'm going to go to the court
[39:21.760 --> 39:28.080]  first i challenged subject matter jurisdiction and he said well mr kelton you know he started
[39:28.080 --> 39:33.520]  the hearing and said and i said objection your honor i'm here at arm's length through the court
[39:33.520 --> 39:38.960]  i have a challenge subject matter jurisdiction for the court and he said yes mr kelton he just
[39:38.960 --> 39:43.040]  filed that 20 minutes ago yes your honor as a matter of fact that did well i'm going to deny that
[39:44.400 --> 39:50.640]  so you're going to deny that challenge to subject matter jurisdiction without reading it i told you
[39:50.640 --> 39:56.720]  my decision mr kelton okay so we went on and they got to the trustee's deed and i said that
[39:56.720 --> 40:04.720]  trustee's deed not filed in the public record well mr kelton he has it yes he does but you can't see
[40:04.720 --> 40:12.720]  it well he ruled this guy's favor anyway through this 80 year old woman out on the street she'd
[40:12.720 --> 40:18.240]  been in that bill house for 30 or something years they were outside the statute of limitations all
[40:18.240 --> 40:25.280]  kinds of problems with this so i went to the district attorney and went straight to the
[40:25.280 --> 40:29.360]  dallas county district attorney and filed criminal charges with him and they that's the ones that
[40:29.360 --> 40:36.000]  then they threw us out of the building and then i actually filed criminal charges against the
[40:36.000 --> 40:43.040]  district attorney in dallas county for not taking the criminal charges against this judge
[40:43.040 --> 40:53.360]  judge and i did that in october of last year and in october of last year judge cooper retired
[40:56.000 --> 41:02.640]  very interesting now i don't know if him facing criminal charges because of me
[41:03.760 --> 41:05.280]  is the reason he retired
[41:05.280 --> 41:17.360]  but i certainly like to think it is and i know that after that uh when we filed had people fought
[41:17.360 --> 41:23.040]  i'll uh challenges subject matter of jurisdiction the judges read them they stopped dismissing them
[41:23.040 --> 41:31.120]  without reading them so this stuff does have an effect it does get their attention and
[41:31.120 --> 41:35.680]  and scott when do you have your next hearing before this judge
[41:37.520 --> 41:43.200]  it's going to come up in may i think it's like three or it's like four months out you know
[41:43.200 --> 41:49.280]  three months a good three months out so it seems like forever so i've like got a long
[41:51.120 --> 41:56.160]  have you filed a motion for speedy trial no not yet
[41:56.160 --> 42:06.480]  but are you considering it not really not for a little bit i want to because i want to i want
[42:06.480 --> 42:12.160]  to get all the evidence i want to get the uh i want to get the video and stuff that all the cops have
[42:12.160 --> 42:17.440]  well well in order to have to preserve your right to a speedy trial you have to request it
[42:17.440 --> 42:26.560]  oh so you might be well everybody when they get any kind of charge would be well to file a motion
[42:26.560 --> 42:33.440]  for speedy trial immediately this is an issue with traffic that needs to be adjudicated
[42:35.200 --> 42:42.720]  the legislature in considering oh i forget the number of it i used to have it in my head the
[42:42.720 --> 42:49.680]  speedy trial act the legislature passed it i mean twice and the courts overturned it twice for the
[42:49.680 --> 42:56.400]  same reason so i think the legislature did that on purpose what they said was that if a
[42:57.440 --> 43:04.080]  traffic if the class c misdemeanor was not tried in 30 days the judge was required to enter a
[43:04.080 --> 43:12.320]  ruling of dismissal and the court said the legislature had no power to direct a judge's
[43:12.320 --> 43:22.000]  ruling and rule the speedy trial act unconstitutional on that basis but the statute also defined what was
[43:22.000 --> 43:29.440]  considered speedy 30 days on a class c misdemeanor is what the legislature defined as speedy and that
[43:29.440 --> 43:35.600]  should stand as probable cause to believe that the trial is not speedy if they exceed 30 days
[43:36.400 --> 43:42.320]  and they should have to show cause that's something we've tested randy kelton rule of law radio our
[43:42.320 --> 43:49.920]  call-in number 512-646-1984 we are really stacking up on the call so we'll finish up with spencer
[43:49.920 --> 44:00.000]  scott on the other side uh while we're on break go check out our sponsors and help us with this
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[46:04.480 --> 46:24.000]  okay we are back randy kelton rule of law radio and was talking to scott in texas so scott
[46:26.080 --> 46:29.760]  is you're gonna what are you gonna file against the officer
[46:29.760 --> 46:37.920]  here i'm gonna go 3903 official oppression it fits the bill way better it stands a better shot
[46:37.920 --> 46:42.400]  you know it's not just going after the cop and trying to throw him in prison
[46:43.040 --> 46:49.680]  you know but it's definitely going to give him a slap of reality it's like you can't be doing
[46:49.680 --> 46:55.680]  this to people and wake up and you know do your job correctly and i'm not you know i'm not totally
[46:55.680 --> 47:00.880]  i'm not it's not like i'm against the cops i'm against the system that's training them to do
[47:00.880 --> 47:07.280]  this so they need to realize they're if they're going to just be blind order takers and be like
[47:07.280 --> 47:12.480]  little nazi hitlers they're going to get slapped with uh with the law and they're going to get
[47:12.480 --> 47:18.160]  shown the other side of it and it's i feel like i've got them on the ropes now it's really a good
[47:18.160 --> 47:27.200]  feeling i encourage everybody to you know just do everything you can to get the material get eddie's
[47:27.200 --> 47:34.800]  material listen to the show spread the word more people once they start realizing what is the what
[47:34.800 --> 47:39.680]  is the truth and what is the law you're going to get empowered and you're going to stand up and
[47:39.680 --> 47:46.320]  do the right thing so i just encourage everybody to keep the fight up and and don't don't back down
[47:46.320 --> 47:52.880]  yeah and we'll talk to you later on this week you know because i've got the complaint already
[47:52.880 --> 47:59.040]  wrote up against the cop and now that i've learned how to write these things once you all will all
[47:59.040 --> 48:04.800]  listen and learn how to start putting these things together and listening to randy on you know using
[48:04.800 --> 48:12.080]  the verbiage using the wording correctly take your emotions out just stick to the facts be able to
[48:12.080 --> 48:21.360]  cite the law put everything in proper uh perspective not perspective but proper margins and all that
[48:21.360 --> 48:26.000]  stuff you know you know how to write it all out and man when it's when you write that stuff out
[48:26.000 --> 48:31.520]  you're really proud of what you've done because you put it down you made it look good made it
[48:31.520 --> 48:37.600]  look right and you did a great job i mean and i'm i'm learning a lot and i encourage everybody to
[48:37.600 --> 48:42.160]  do that and i know there's a lot of calls so i will get off the phone and let you help everybody
[48:42.160 --> 48:48.640]  else and thank you all and have a great evening okay thank you scott okay now we're going to go
[48:48.640 --> 48:55.920]  to spencer in washington hello spencer what do you have for us today how's it going randy uh got a
[48:55.920 --> 49:03.840]  couple things i wanted to comment uh on on adding details um when to add them what details are
[49:03.840 --> 49:08.560]  appropriate um and i want to add a little bit of humor to your show here tonight as well
[49:09.280 --> 49:15.760]  um because this brings me back to a moment uh a few weeks ago i i was woken up uh abruptly
[49:16.480 --> 49:23.120]  in in the middle of a dream uh it was a great dream uh really really great dream and uh turned
[49:23.120 --> 49:26.800]  to the woman and you know i was a little bit flustered hey you you woke me up out of this
[49:26.800 --> 49:32.480]  amazing dream and you know it's like oh what what was it about i was like well you know
[49:32.480 --> 49:39.040]  was it about i was like well it was it was me and a bunch of women on on a beach you know instantly
[49:39.040 --> 49:44.880]  she i was doing this on purpose it's it's fun to get people flustered get them worked up and then
[49:44.880 --> 49:50.480]  bring them back down again it's uh i take joy in doing that but uh you know it got her flustered
[49:50.480 --> 49:58.400]  a bit because instantly you assume there's uh there's a way to say interesting things happening
[49:58.400 --> 50:03.600]  um trying to keep this clean for the radio here uh that's instantly the the thing you assume um
[50:03.600 --> 50:10.240]  and when you're when you're not putting all the details in in a legal document uh people are are
[50:10.240 --> 50:15.520]  making those same assumptions and uh at this point you know i didn't even remember what the dream was
[50:15.520 --> 50:22.640]  but i was just going to go for it just for the story here um and i was and she started getting
[50:22.640 --> 50:28.400]  a little bit flustered so it's like well i was commanding them all to to make me pancakes you
[50:28.400 --> 50:32.800]  know and kind of de-escalated a little bit just to add a little bit more to the stories like because
[50:32.800 --> 50:39.680]  that's not what you'd expect at all so if you leave out some of these details people may make
[50:39.680 --> 50:46.000]  the wrong assumption you want to go through what what's normal in that scenario and if
[50:46.000 --> 50:54.400]  if you're outside of what's normal for that scenario you might want to uh add add few extra
[50:54.400 --> 50:59.840]  details you know and just just to throw it completely off the wall you know it still
[50:59.840 --> 51:05.520]  seemed a little bit uh absurd of a dream so like you know what we were we were on the beach in
[51:05.520 --> 51:11.040]  Antarctica making these pancakes feeding them to camels you know and it just it sends them completely
[51:11.040 --> 51:17.200]  off the wall and it's not the assumption they were making it takes them completely out of
[51:17.200 --> 51:21.200]  the environment they were expecting to be in and puts them in your environment
[51:23.200 --> 51:30.800]  okay this is what you're talking about is pretty complex and it's one of the things that i'm trying
[51:30.800 --> 51:38.560]  to get to in some of these presentations i'm doing you did you did a pace you did a lead then
[51:38.560 --> 51:47.680]  you did it back at an interruption if i want to stick something in somebody's mind if i want to
[51:48.240 --> 51:57.600]  push something past their ability to consciously analyze it don't use a tool like that i have a
[51:57.600 --> 52:05.600]  presentation i do on the rubber ball theory and i tell people that uh there is no such thing as
[52:05.600 --> 52:12.480]  good and evil yeah i know that you move around in the world it sure seems that way but uh there is
[52:12.480 --> 52:22.320]  no such thing as good and evil well that may not be true but you will find if you treat it as if it
[52:22.320 --> 52:33.200]  is true it works very well now what i've done is set up a a logical sequence i'm going to come back
[52:33.200 --> 52:39.200]  later and i'm going to make a statement that sounds in that will cause people to feel incredulous
[52:41.200 --> 52:51.360]  give me a break and then i'm going to give them a logical conclusion and then i'm going to do a
[52:51.360 --> 52:58.400]  pattern interruption pattern interruptions cause amnesia for what you just did if you want to tell
[52:58.400 --> 53:03.600]  somebody something you don't want them to consciously analyze it followed with a pattern
[53:03.600 --> 53:14.480]  interruption you set your lady friend up to think that that women are after you and then you did a
[53:14.480 --> 53:21.440]  pattern interruption and used a confusion technique to get her trying to make sense of what you're
[53:21.440 --> 53:29.440]  talking about and cause her to lose the conscious ability to consciously
[53:31.520 --> 53:38.480]  store what you had just told her so it that kind of thing tends to pass the conscious awareness
[53:38.480 --> 53:44.000]  and stick around in the inner mind so she starts getting jealous of you starts worrying about
[53:44.000 --> 53:52.640]  everywhere you go you did that but i do want to spend some time i'm going to try to spend
[53:52.640 --> 53:59.280]  some time at the beginning of the shows talking about some of these tools if you've listened to
[53:59.280 --> 54:03.920]  showing on you a while you know that i've studied psychology and neuro-linguistic programming for a
[54:03.920 --> 54:11.280]  long time and once you know and understand these tools you use them without even thinking about
[54:11.280 --> 54:17.360]  them because they're not things that you do and then go have breakfast it's just a normal part
[54:17.360 --> 54:28.320]  of communication but i do want you to begin to understand the patterns once you know what these
[54:28.320 --> 54:36.880]  patterns are you're able to recognize them and i'm working up i'm going through all of these
[54:36.880 --> 54:46.320]  techniques to find the ones that seem to be what is used against other people the most
[54:48.000 --> 54:53.760]  and give you a label to put on that like a complex equivalent
[54:55.680 --> 55:04.960]  if you're in court and the prosecutor uses a term that's a normal normal sounding term but you're
[55:04.960 --> 55:14.400]  you're certain that has another meaning in law like driver objection the prosecutor has used a
[55:14.400 --> 55:22.800]  complex equivalent to create a distortion in that he's used a term that is a nominalization
[55:22.800 --> 55:35.600]  without giving us the the right term is is the deep content so that we can fully understand what
[55:35.600 --> 55:41.680]  he says i have a meaning for driver he has a meaning for driver but i'm certain that our
[55:41.680 --> 55:47.760]  meanings are not the same will he will you have him explain exactly what he means by driver
[55:47.760 --> 55:55.760]  and the judge will be standing there scratching his head wondering what you were just talking about
[55:56.960 --> 55:59.520]  and if he tells you he doesn't know what you're talking about
[56:01.440 --> 56:05.440]  court's problem not my problem i'm not responsible for your ignorance
[56:07.280 --> 56:10.880]  but i will be trying to develop names for these
[56:10.880 --> 56:17.920]  patterns to look for and i mean uh spencer i'm sure you're familiar with red herrings and
[56:18.720 --> 56:27.840]  straw man issues there's a whole lot more out there uh most people are familiar with argumentum
[56:27.840 --> 56:37.920]  at hominem but argumentum at baccalaam uh there's a whole list of them i'm going to start listing
[56:37.920 --> 56:46.480]  those out and explaining them and when we explain them if we attach a name to them then you'll begin
[56:46.480 --> 56:51.520]  to hear this pattern and you'll say wait a minute i know what that is and you stick the name on it
[56:52.160 --> 56:58.400]  now you catch them and we'll be able to catch them using these patterns and trip them up on a
[56:58.400 --> 57:08.960]  level that's mostly outside their word is does that make any sense chris chris not chris spencer
[57:08.960 --> 57:15.520]  yeah yeah i'm following you and i'm struggling with finding a way to
[57:16.480 --> 57:22.480]  present this so it makes sense so sometimes i'm a little confusing i apologize
[57:22.480 --> 57:28.560]  i'm trying to find a way to present it different than the way i learned it
[57:30.560 --> 57:36.720]  so i'm trying to put it in the context of you and i dealing with public officials
[57:37.920 --> 57:45.840]  in effect i'm trying to build us the tool chest when you go into court you've got a lawyer and a
[57:45.840 --> 57:52.480]  judge and they've got this huge tool chest they've got all these things they can do because they do
[57:52.480 --> 57:58.720]  this all day every day they got lots of stuff they can do you hardly ever do this so you you don't
[57:58.720 --> 58:04.640]  have a lot of options in your tool chest well i'm trying to build with some new tools that we can
[58:04.640 --> 58:13.360]  put in there and it won't take many even though they've got a lot because very few people come
[58:13.360 --> 58:19.280]  in there and trip them up good and hard and it's been my experience that when you trip up a lawyer
[58:19.280 --> 58:25.920]  they get all flustered and they do worse than ordinary people do everybody it says never put
[58:25.920 --> 58:31.840]  a lawyer on the stand and make horrible witnesses they're good from the other side but when you turn
[58:31.840 --> 58:40.160]  it back on them they stink okay hang on one about to go to break we have our radio call it number
[58:40.160 --> 58:44.320]  five one two six four six nineteen eighty-four we'll be right back
[58:48.400 --> 58:53.760]  would you like to make more definite progress in your walk with god bibles for america is
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[59:08.720 --> 59:14.480]  know god and to know the meaning of life the free books are a three volume set called basic
[59:14.480 --> 59:19.760]  elements of the christian life chapter by chapter basic elements of the christian life clearly
[59:19.760 --> 59:26.080]  presents god's plan of salvation growing in christ and how to build up the church to order
[59:26.080 --> 59:32.160]  your free new testament recovery version and basic elements of the christian life call
[59:32.160 --> 59:39.040]  bibles for america toll free at eight eight eight five five one zero one zero two that's
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[59:48.960 --> 59:53.440]  live free speech radio logos radio network.com
[59:53.440 --> 59:59.120]  the following news flash is brought to you by the Lone Star Lowdown providing your deli
[59:59.120 --> 01:00:06.640]  bulletins for the commodities market today in history news updates and the inside scoop
[01:00:06.640 --> 01:00:12.640]  into the tides of the alternative
[01:00:12.640 --> 01:00:23.680]  inside scoop into the tides of the alternative markets for wednesday the third of february 2016
[01:00:23.680 --> 01:00:27.440]  are currently treading with gold at one thousand one hundred thirty eight dollars and ten cents an
[01:00:27.440 --> 01:00:31.920]  ounce silver fourteen dollars and sixty three cents an ounce texas crude twenty nine dollars
[01:00:31.920 --> 01:00:43.600]  and eighty eight cents a barrel and bitcoin is currently sitting at about 370 us currency today
[01:00:43.600 --> 01:00:50.160]  in history the year 1966 the Luna 9 russian spacecraft became the first unmanned probe to
[01:00:50.160 --> 01:00:55.520]  achieve a soft landing on the moon or any other planetary body for that matter also known as the
[01:00:55.520 --> 01:01:01.760]  ye6 number 13 it was the first probe to transmit photographic data to earth from the lunar surface
[01:01:05.840 --> 01:01:09.920]  in recent news sandra merritt one of the two indicted with tampering with governmental
[01:01:09.920 --> 01:01:14.400]  documents in order to create fake driver's license in a plot with anti-abortion activists
[01:01:14.400 --> 01:01:19.760]  to obtain the undercover video footage exposing planned parenthood for selling human body parts
[01:01:19.760 --> 01:01:24.560]  turned herself into texas authorities today she posted her two thousand dollar bond and was later
[01:01:24.560 --> 01:01:28.960]  released however the news conference that she was scheduled to hold afterwards was cancelled
[01:01:28.960 --> 01:01:33.200]  david dilly idon the main activist behind the videos plans turn himself over to authorities
[01:01:33.200 --> 01:01:38.080]  tomorrow his attorneys have stated he does ironically face an additional misdemeanor charge
[01:01:38.080 --> 01:01:43.760]  related to the purchase of human tissue ironic because if you recall a grand jury in houston
[01:01:43.760 --> 01:01:48.400]  texas that had been tasked with looking into the wrongdoing by planned parenthood announced
[01:01:48.400 --> 01:01:58.320]  that it was indicting dally idon and merritt instead the results for the iowa caucus are as
[01:01:58.320 --> 01:02:04.880]  follows for the republican party ted cruz eight delegates or 27.7 percent donald trump seven
[01:02:04.880 --> 01:02:12.000]  delegates or 24.3 percent mark rubio seven delegates 23.1 percent ben carson three delegates
[01:02:12.000 --> 01:02:21.760]  or 9.3 percent rand paul one delegate 8481 votes 4.1 percent officially rand paul did drop out this
[01:02:21.760 --> 01:02:29.120]  morning stating the lack of funds and support as his main cause jeb bush one delegate at 2.8 percent
[01:02:29.120 --> 01:02:36.480]  carly farina one delegates 1.9 percent and john casick one delegate at 1.9 percent for the
[01:02:36.480 --> 01:02:42.320]  democrats it was actually decided by a coin toss which gave hillary six wins out of six tosses
[01:02:42.320 --> 01:02:46.480]  hillary clinton got 23 delegates and bernie sanders 21 delegates
[01:02:50.320 --> 01:02:53.520]  this has been your lowdown for february 3rd 2016
[01:02:53.520 --> 01:02:55.520]  you
[01:03:04.960 --> 01:03:08.480]  it's all according to the will of the almighty
[01:03:11.680 --> 01:03:16.480]  i read his book and it says he cares not for the unsightly
[01:03:16.480 --> 01:03:21.520]  way these warmongers come by that time of
[01:03:26.320 --> 01:03:33.280]  okay we are back randy kelton we're talking to spencer in washington okay spencer i'll shut
[01:03:33.280 --> 01:03:39.600]  up now i kind of jumped in there in the middle oh do you have one question have you ever studied
[01:03:39.600 --> 01:03:49.680]  neuro linguistic programming i've never even heard of it okay well what you did was a pattern and
[01:03:49.680 --> 01:03:56.000]  one of the things that once once i looked at it i've studied psychology for a long time
[01:03:57.360 --> 01:04:03.840]  i was studying psychology before neuro linguistic programming came around but when it came along
[01:04:03.840 --> 01:04:09.840]  they were the first ones that treated the living mind as if it was ultimately understandable and
[01:04:09.840 --> 01:04:18.560]  most of the patterns that they demonstrate are patterns that people use all the time
[01:04:20.080 --> 01:04:26.560]  and all these guys did was just kind of isolated these patterns out from the plethora of possibilities
[01:04:26.560 --> 01:04:36.640]  so you already understand some of the structures once you can name them and list out the elements
[01:04:36.640 --> 01:04:42.560]  of them then you can use them much more consistently and that's the kind of thing i'm trying to present
[01:04:42.560 --> 01:04:54.960]  in this show okay back to you did you have another comment i did and this one's really really
[01:04:54.960 --> 01:05:04.000]  quick on i think it was the eighth of last month there's another there's a case that i'm i'm working
[01:05:04.000 --> 01:05:14.320]  on here in the state of washington i sent i sent in an interagatory i haven't heard back about a
[01:05:14.320 --> 01:05:21.760]  week and a half ago i called them up just to confirm that they had received it and they said
[01:05:21.760 --> 01:05:25.840]  uh and they said okay wait hold on let me get a little clarification
[01:05:26.480 --> 01:05:32.880]  interrogatory you're saying interrogatory specific and you're not just saying discovery in general
[01:05:34.880 --> 01:05:46.160]  uh i filed i filed discovery um and they the only thing they provided to me was uh was a citation
[01:05:46.160 --> 01:05:53.680]  and officer's affidavit because that's all they were admitting into court uh so then i i received
[01:05:53.680 --> 01:05:57.040]  that and then i went a little bit further because there's a little bit more information than i
[01:05:57.040 --> 01:06:06.320]  wanted wait wait hold on uh you're in washington is this a traffic issue yes ah that's interesting
[01:06:06.320 --> 01:06:11.120]  because in texas on a class a misdemeanor they won't allow discovery
[01:06:11.120 --> 01:06:19.840]  discovery so that's interesting that's that's great you can get discovery on a class c misdemeanor
[01:06:22.720 --> 01:06:29.840]  go ahead this this is a civil civil case to my understanding there's a civil yeah that was
[01:06:29.840 --> 01:06:36.800]  that was another interesting thing about washington that in washington your traffic is is civil and not
[01:06:36.800 --> 01:06:43.440]  criminal most other states they can most states they consider it criminal but not all so
[01:06:44.960 --> 01:06:49.360]  that was also interesting to hear it kind of changes the strategy strategy how you can go
[01:06:49.360 --> 01:07:03.120]  about it can you cross complain in the civil in washington that i don't know as you know in
[01:07:03.120 --> 01:07:09.360]  where it's criminal you can't cross complain in criminal because criminal is a subset of civil
[01:07:10.480 --> 01:07:17.200]  and criminal only does criminal so if you have a cross complaint then you would have to file a
[01:07:17.200 --> 01:07:23.680]  separate case but if in washington if it's civil already you should be able to file a cross complaint
[01:07:24.720 --> 01:07:25.680]  or counter complaint
[01:07:28.160 --> 01:07:31.040]  that would be fun okay go ahead i interrupted you again
[01:07:31.040 --> 01:07:40.880]  oh um oh they haven't responded and uh the 30-day period is up on actually either monday or tuesday
[01:07:41.840 --> 01:07:47.520]  uh i have a strong feeling i'm not going to get a response here so what i'm going to have to do
[01:07:47.520 --> 01:07:55.520]  is a motion to compel i've never i've only heard of it i've never seen seen what one is like or
[01:07:55.520 --> 01:08:03.360]  what uh what the process is for for filing that so that i know you don't know washington's laws but
[01:08:03.360 --> 01:08:10.960]  uh that should be really easy to find just do a search if you're in washington you'll get hits
[01:08:10.960 --> 01:08:18.480]  from washington then just do a search on motion to compel discovery because everybody files them
[01:08:18.480 --> 01:08:28.320]  everybody files them discovery is voluntary but nobody volunteers so you always have to
[01:08:28.320 --> 01:08:33.040]  file a motion to compel you'll probably find a thousand of them
[01:08:36.720 --> 01:08:43.760]  just do a do a search online you pull down the motion to compel and leave all the case law in
[01:08:43.760 --> 01:08:52.400]  there and just take out your specific their specifics and drop yours in okay that shouldn't
[01:08:52.400 --> 01:09:01.680]  be too hard yeah i i don't use the lexus or westlaw anymore they're a waste of time
[01:09:02.800 --> 01:09:09.680]  i do a lot better on the internet i just put in my term and i get great stuff
[01:09:09.680 --> 01:09:17.040]  if i was looking for a motion to compel you do a search and you you start reading these articles
[01:09:17.840 --> 01:09:24.640]  you got a lot of lawyers out there that want to get business from other lawyers 50 percent of
[01:09:24.640 --> 01:09:30.960]  a lawyer's business generally comes from referrals lawyer or gets a client the client has an issue
[01:09:30.960 --> 01:09:37.040]  this lawyer doesn't handle he wants another lawyer he can refer him to so they write articles
[01:09:37.040 --> 01:09:44.640]  scholarly legal articles about what they're there are especially good at because they want other
[01:09:44.640 --> 01:09:53.040]  lawyers calling them to handle their issues so you can find really good articles and they'll post
[01:09:53.040 --> 01:10:00.000]  their briefs and pleadings if you go to lexus and you try to get briefs and pleadings it costs you
[01:10:00.000 --> 01:10:05.280]  about three grand a month but heck you can go on the internet and get them all over the place
[01:10:05.280 --> 01:10:10.720]  heck you can go on the internet and get them all day and 90 percent of my
[01:10:13.040 --> 01:10:17.200]  pleadings or motions i write i'm cutting and pasting and just
[01:10:18.400 --> 01:10:24.480]  stitching the pieces changing tenses and stuff so that the language stitches together there
[01:10:25.760 --> 01:10:30.000]  why should i write it when somebody else has done a better job than i can do
[01:10:30.000 --> 01:10:39.680]  thank you i was thinking it's probably really really simple just uh you know probably less
[01:10:39.680 --> 01:10:46.160]  than a paragraph couple sentences and then attaching the uh interrogatory that i sent
[01:10:46.160 --> 01:10:54.160]  in would suffice but yeah it's kind of like the when we file a action in foreclosure they
[01:10:54.160 --> 01:11:02.000]  move it to the federal court and file a 12b6 they just go pull the 12b6 out of the file
[01:11:02.000 --> 01:11:09.600]  change a couple of details on and boom i've got hundreds of them they're almost all identical
[01:11:11.040 --> 01:11:15.440]  exact same structure exact same case law they're all using the same one so
[01:11:16.320 --> 01:11:22.720]  most of law is this way and this is one of the things i suggest people don't ever write out a
[01:11:22.720 --> 01:11:30.800]  motion from scratch if you can avoid it unless it's some strange motion like a mary carter
[01:11:30.800 --> 01:11:35.520]  agreement motion i mean that's kind of weird you almost never see it you may have trouble finding
[01:11:35.520 --> 01:11:42.880]  one but all the standard stuff just go on the internet run a search for whatever your issue is
[01:11:43.840 --> 01:11:50.880]  and you get all kind of hits on it you'll get briefs pleadings treatises and then the
[01:11:50.880 --> 01:11:56.800]  treatises are great because you find the section that goes to what you're talking about you just
[01:11:56.800 --> 01:12:05.600]  capture it out and drop it right in and when the judge reads it he will look at it he got this from
[01:12:05.600 --> 01:12:14.480]  a pro se and he reads that and he knows the pro se did not like that he knows this guy took that
[01:12:14.480 --> 01:12:22.400]  out of a brief or a pleading somewhere and that will give the judge reason to give it more credence
[01:12:24.400 --> 01:12:31.200]  and if you always get motions that have been filed of a similar nature
[01:12:33.200 --> 01:12:40.240]  all of these lawyers try to use whatever the most common litigation guide is
[01:12:40.240 --> 01:12:48.480]  the primary reason is they want their motion to look exactly like every other motion that judge has gotten
[01:12:50.880 --> 01:12:59.200]  all the venue jurisdiction and the standard case law say it's an eviction
[01:13:00.800 --> 01:13:06.080]  this lawyer wants to use exactly the same case law that the lawyer in front of him used
[01:13:06.080 --> 01:13:11.600]  because he don't have the judge to have to mess with it if the judge has seen that case law a
[01:13:11.600 --> 01:13:15.760]  hundred times he don't have to read it he don't have to question it he gets moved right on pass
[01:13:16.560 --> 01:13:23.600]  but if a pro se comes in and does it all from scratch the judge is going to have 20 cases in
[01:13:23.600 --> 01:13:29.600]  there he's never seen and you really think that judge is going to pull out those cases and read
[01:13:29.600 --> 01:13:39.680]  them yeah denied so the best advice for writing pleadings is you do three things
[01:13:40.640 --> 01:13:46.720]  plagiarize plagiarize plagiarize in that order
[01:13:48.720 --> 01:13:50.720]  yeah anyway okay enough of that
[01:13:52.720 --> 01:13:57.600]  that's that's all i've got for tonight okay thank you spencer
[01:13:57.600 --> 01:14:04.720]  thank you spencer okay now we're going to go to chris in pennsylvania hello chris
[01:14:06.400 --> 01:14:11.680]  hello randy how are you i am good how is your issue going
[01:14:14.240 --> 01:14:21.200]  well i don't think it's going very well we had a summary judgment that the bank put in
[01:14:21.200 --> 01:14:28.560]  in stating that we didn't have any enough evidence to make this case and um i believe
[01:14:28.560 --> 01:14:34.240]  our attorney the yesterday found that okay wait wait wait hold on you back up and give everybody
[01:14:34.240 --> 01:14:40.480]  a brief synopsis this is chris in pennsylvania that filed a bankruptcy and claimed the properties
[01:14:40.480 --> 01:14:51.920]  unsecured in bankruptcy and got the the claim uh what do they call it not dismissed
[01:14:53.760 --> 01:14:59.280]  go ahead help me out chris what do they what do they call it when they write it off
[01:15:01.920 --> 01:15:09.280]  discharged discharge okay yeah so they were discharged okay so he claimed the properties
[01:15:09.280 --> 01:15:13.440]  unsecured the other side couldn't prove up that it was secured so the bankruptcy
[01:15:13.440 --> 01:15:19.200]  discharge the debt now they're coming back trying to foreclose on the deed of trust is that correct
[01:15:20.720 --> 01:15:31.280]  correct okay now what are what's going on right now well the bank put in a summary judgment while
[01:15:31.280 --> 01:15:38.240]  we were in discovery um stating that we didn't have enough evidence to say to the judge that uh
[01:15:38.240 --> 01:15:43.520]  you know okay what's the nature of the action before the court at the moment
[01:15:45.600 --> 01:15:52.480]  um the nature is just a summary judgment no no no summary judgment for what what's the
[01:15:52.480 --> 01:15:59.600]  case they're trying to get a summary judgment on on our kick on our actual case on the on the
[01:15:59.600 --> 01:16:05.920]  foreclosure no no wait a minute wait a minute okay there we go i'm squeezing this out of you
[01:16:05.920 --> 01:16:11.520]  okay that's the bank is trying to it has filed in the court to foreclose
[01:16:13.200 --> 01:16:17.680]  and they're now they're asking for summary judgment okay now we're up to speed they're
[01:16:19.280 --> 01:16:26.640]  they're asking to foreclose based on an assignment they took while we were in bankruptcy from a bank
[01:16:26.640 --> 01:16:37.120]  that had been closed for five years using mers as their nominee um hang on if i got a good shot for
[01:16:37.120 --> 01:16:44.640]  you and you come back randy kelton the rule of law radio our call in number 512-646-1984
[01:16:44.640 --> 01:16:50.080]  or remember we have our fundraiser going and right now we're really kind of struggling we're not
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[01:16:55.120 --> 01:16:57.120]  you can we'll be right back
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[01:18:55.200 --> 01:19:04.640]  m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now this is the logos
[01:19:04.640 --> 01:19:15.760]  my focus radio
[01:19:15.760 --> 01:19:17.360]  ain't gonna blind me
[01:19:21.360 --> 01:19:27.760]  don't fool me
[01:19:27.760 --> 01:19:36.960]  well okay we are back we're in the kelton rule of law radio and we're talking to chris in
[01:19:36.960 --> 01:19:47.520]  pennsylvania okay you got the debt discharge so there is no debt but now you have the a
[01:19:47.520 --> 01:19:57.920]  a lender suing to foreclose based on an assignment from a non-existent company
[01:19:59.680 --> 01:20:04.640]  judge shrek in new york call these vampire lenders
[01:20:07.280 --> 01:20:13.520]  i would suggest if you consider filing a quiet title action against the assignment
[01:20:13.520 --> 01:20:19.680]  and challenge the validity of the assignment if you can get a ruling on that you can bring
[01:20:19.680 --> 01:20:30.000]  that back to this court as residue dakota and you could probably move this court for an abatement
[01:20:30.800 --> 01:20:36.160]  pending a state determination on the validity of the assignment
[01:20:36.160 --> 01:20:46.800]  determination on the validity of the assignment okay that's the only thing the bank is bringing
[01:20:46.800 --> 01:20:51.280]  to court is the fact that they have this assignment and that's kind of what the judge is making his
[01:20:51.280 --> 01:21:01.840]  ruling on wait say that again admit well we um we were waiting for this summer in judgment to come
[01:21:01.840 --> 01:21:09.520]  through um we've been waiting about three months now and the bank filed it and we appealed and we
[01:21:09.520 --> 01:21:18.320]  showed what why we believe we should continue with our discovery and um just two days ago the
[01:21:18.320 --> 01:21:23.120]  our attorney let us know that the the judge has sided for the bank in the summary judgment
[01:21:23.120 --> 01:21:29.040]  all right well that's kind of always
[01:21:31.520 --> 01:21:35.840]  i mean here we have a bank that's foreclosing on a
[01:21:38.640 --> 01:21:44.400]  a mortgage a security instrument after the debt has when there is no existing debt
[01:21:44.400 --> 01:21:54.240]  and the and the bankruptcy law forbids them to foreclose are you in a federal court
[01:21:56.240 --> 01:22:02.720]  no we're not we're in civil court civil i mean pennsylvania state court i mean
[01:22:02.720 --> 01:22:08.960]  that's a penn state court yeah yeah how do they get past the prohibition against
[01:22:08.960 --> 01:22:14.960]  uh attempting to enforce the mortgage instrument after the debt has been discharged
[01:22:16.320 --> 01:22:24.560]  but we're not sure um we have a meeting with our attorney uh sunday so we're going to go
[01:22:24.560 --> 01:22:31.920]  over and talk to her about she uh she just texted me that uh not to panic and that there are
[01:22:31.920 --> 01:22:39.440]  not to panic and that there are issues we need to discuss so my question
[01:22:41.440 --> 01:22:50.720]  was with what's been happening with uh wells fargo and their the lawsuit that just went through i
[01:22:50.720 --> 01:23:05.680]  believe i am not familiar with it well they i i saw on a mortgage uh news that they were
[01:23:06.400 --> 01:23:15.360]  sued finally sued through the state of new york for um the false claims act for 1.2 billion dollars
[01:23:15.360 --> 01:23:25.120]  oh was the suit just filed or has it been adjudicated it's been adjudicated and there's
[01:23:25.920 --> 01:23:34.720]  um there no one's making any statements at this point um but they they filed the state has been
[01:23:34.720 --> 01:23:45.520]  trying to get them for filing creating loans through fha that they knew would default and then
[01:23:45.520 --> 01:23:51.120]  taking the insurance money from the federal government so they used the false claims act
[01:23:52.160 --> 01:24:00.480]  to make their case and they won i guess they from what i've been reading the bank has been
[01:24:00.480 --> 01:24:09.520]  been totaled with a 1.2 billion um in reciprocity for that okay was this a
[01:24:11.040 --> 01:24:19.360]  court determination or an appeals determination is it citable i think it is citable i mean
[01:24:19.360 --> 01:24:31.840]  citable it's collateral estoppel now you can go back and you should be able to charge if if your
[01:24:32.800 --> 01:24:40.320]  loan falls within the parameters of what the claim is against was fargo you should be able
[01:24:40.320 --> 01:24:49.280]  to claim fraud and that become collateral estoppel right okay now here's my question
[01:24:49.920 --> 01:24:55.200]  since wells fargo purchased wachovia who was the originator of the loan
[01:24:57.200 --> 01:25:05.680]  how does that make play for wells fargo who took over the assignment after
[01:25:05.680 --> 01:25:13.760]  wachovia supposedly closed i don't i don't think that would back up that far if they've accused
[01:25:13.760 --> 01:25:23.600]  wells fargo of wrongdoing that wouldn't go to wachovia because wachovia was a separate entity
[01:25:24.720 --> 01:25:34.000]  so anything wachovia did before wach bank of um wells fargo took him over would be on wachovia
[01:25:34.000 --> 01:25:38.720]  would be on wachovia and not wells fargo i don't think you could go there
[01:25:40.560 --> 01:25:47.840]  okay well that was my question because it seemed as though what the the issue was was the fact that
[01:25:47.840 --> 01:25:54.720]  they were taking these loans on in order to collect the insurance money and if that's exactly what
[01:25:54.720 --> 01:26:03.280]  they've done with us by taking this loan on during a bankruptcy knowing that um my wife had taken
[01:26:03.280 --> 01:26:08.720]  out a no-doc loan which they told her she couldn't afford the loan to begin with but they made all
[01:26:08.720 --> 01:26:18.960]  kinds of underwriting changes to make it appear as though she could so they so the whole loan was
[01:26:18.960 --> 01:26:30.720]  fraudulent on its face right did you make that claim um well we didn't make that claim specifically
[01:26:30.720 --> 01:26:39.280]  no we didn't get back that far we were merely making claims on the assignment since the
[01:26:39.280 --> 01:26:46.800]  assignment was so fraudulently put together okay so you're in oh okay so your defense
[01:26:48.240 --> 01:26:51.760]  you're defending a foreclosure and you're defending only on the
[01:26:51.760 --> 01:27:00.240]  uh assignment okay so you still have opportunity to go back after them even if they do get a foreclosure
[01:27:02.800 --> 01:27:09.040]  so you you won't wind up with collateral stopping yourself from rest your kata so you've got claims
[01:27:09.040 --> 01:27:20.560]  you still claims you can make this is this is odd because the code in the bankruptcy code
[01:27:20.560 --> 01:27:30.720]  bankruptcy code i think it's 11 usc 256 is very specific in that it forbids
[01:27:32.080 --> 01:27:38.080]  the lender from attempting to collect once their debt has been discharged so
[01:27:40.240 --> 01:27:47.200]  really odd how they got here have you seen the summary judgment order i i have not yet
[01:27:47.200 --> 01:28:00.160]  um okay yeah i take it you did make this challenge directly correct so it would be interesting to see
[01:28:00.160 --> 01:28:12.240]  how the court tries to rule around the federal prohibition because in reading the code it was
[01:28:12.240 --> 01:28:22.800]  very clear they're absolutely forbidden from trying to collect on a debt once the debt has been
[01:28:22.800 --> 01:28:30.400]  discharged and here that's exactly what they're doing right we're wondering how they got around
[01:28:30.400 --> 01:28:42.480]  the fact that both fannie may who apparently securitized this loan upon its inception was noted
[01:28:43.600 --> 01:28:51.600]  in the credit report stating that the account was closed due to chapter 7 bankruptcy along with
[01:28:51.600 --> 01:28:59.040]  wells fargo so which one of them was actually the lender in this case that could make that claim on
[01:28:59.040 --> 01:29:10.080]  the credit report are both of them in your credit both of them were named creditors
[01:29:12.080 --> 01:29:16.960]  both of them made a claim on the credit report fannie may isn't listed anywhere in our loan
[01:29:16.960 --> 01:29:30.160]  fannie may has no no mention in anything from the origination to to date well have you considered
[01:29:30.160 --> 01:29:38.480]  suing fannie may okay let me back up a step did you make a counterclaim against wells fargo
[01:29:38.480 --> 01:29:46.800]  fannie may no no counterclaim no in in the foreclosures issue we didn't make a counterclaim no
[01:29:48.080 --> 01:29:52.960]  bummer hang on randy kelp from rule of law radio our call-in number five one two
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[01:33:19.200 --> 01:33:36.640]  okay we are back randy kelton google our radio and we're talking to chris in pennsylvania
[01:33:38.160 --> 01:33:41.840]  okay chris so you're waiting for the
[01:33:41.840 --> 01:33:48.640]  the order on the summary judgment correct
[01:33:52.080 --> 01:33:58.960]  so we haven't seen it yet our lawyer has just always informed us about it so we're
[01:33:59.520 --> 01:34:03.760]  going to meet with her and we're just waiting to see what our options are from this point
[01:34:03.760 --> 01:34:11.040]  on how they got over the bankruptcy is a mind boggler okay you've got a lot of options
[01:34:11.840 --> 01:34:20.480]  just because they granted summary judgment that doesn't mean there's a whole lot you can do
[01:34:22.160 --> 01:34:28.240]  one of the things you you might do is is is look at a quiet title action
[01:34:28.240 --> 01:34:32.880]  i would have hoped that that would have been the first thing right after the bankruptcies you file
[01:34:32.880 --> 01:34:40.160]  a quiet title against the deed of trust and maintain that since there is no underlying debt
[01:34:40.640 --> 01:34:45.920]  then there is nothing for the bank to collect on the deed of trust it's unenforceable
[01:34:47.360 --> 01:34:52.160]  right that was our that was our intent i mean that's where we were trying to go with this
[01:34:52.160 --> 01:34:54.160]  before they put in the summary judgment
[01:34:54.160 --> 01:35:01.520]  um so that's inevitably where we're going to end up putting in a quiet title because
[01:35:02.240 --> 01:35:12.080]  if there's no debt uh yeah well this is the law it'll almost certainly go to an appeal and that's
[01:35:12.080 --> 01:35:18.480]  going to take another six eight months and we have a lot of a lot of things are happening now
[01:35:18.480 --> 01:35:23.760]  so before it gets there there may be enough happening to make sure this gets cut off but
[01:35:23.760 --> 01:35:29.520]  i'm really concerned that the bank can still come back after you after they've been ordered
[01:35:30.640 --> 01:35:34.400]  by the bankruptcy court or by the legislature to stop
[01:35:37.040 --> 01:35:40.640]  i will be very interested to see how they get around that
[01:35:40.640 --> 01:35:47.280]  right i was i was surprised that the bank actually put in a was able to put in a
[01:35:48.480 --> 01:35:57.840]  a stay to continue to foreclose when they couldn't support a claim to have owned the mortgage
[01:35:58.560 --> 01:36:04.480]  they hadn't they had filed an assignment of mortgage at that point have you challenged the
[01:36:04.480 --> 01:36:12.480]  subject matter jurisdiction of the court no how did this bank establish
[01:36:15.200 --> 01:36:19.760]  legal capacity to invoke the subject matter jurisdiction of the court
[01:36:23.760 --> 01:36:25.760]  that's a good question
[01:36:25.760 --> 01:36:30.880]  if if they don't have a valid claim if they had a valid claim they would have brought it at the
[01:36:30.880 --> 01:36:37.040]  bankruptcy hearing the bankruptcy hearing the court apparently ruled that they didn't have a valid
[01:36:37.040 --> 01:36:43.040]  claim so that should be collateral estoppel
[01:36:43.040 --> 01:36:52.000]  sure and the thing about challenge subject matter jurisdiction it's a challenge you can make at any
[01:36:52.000 --> 01:37:01.520]  time no matter how remote in history so you can go back and challenge this you know claim that this
[01:37:02.800 --> 01:37:08.160]  plaintiff has no power to to make a claim to the subject matter jurisdiction
[01:37:08.160 --> 01:37:14.080]  you know claim that this plaintiff has no power to invoke the
[01:37:16.800 --> 01:37:23.840]  the competence of the court and the way they explained it in michigan was nice way of putting
[01:37:23.840 --> 01:37:36.160]  it the court has subject matter jurisdiction over the particular type of case and it has venue
[01:37:36.160 --> 01:37:45.680]  because of the location of the properties but the plaintiff is unable to invoke that subject
[01:37:45.680 --> 01:37:54.160]  matter jurisdiction so the court can never gain competency to hear the case not because
[01:37:54.880 --> 01:38:02.960]  they're not the right court in the right place but that the plaintiff is unable to invoke that
[01:38:02.960 --> 01:38:11.920]  competency i should get one right away well actually i'd want to see what the judge writes
[01:38:11.920 --> 01:38:22.800]  in the summary judgment but as soon as i saw it uh you know if the judge is not addressing all
[01:38:22.800 --> 01:38:30.080]  of the issues then that's another thing that i've always had a problem with when you have issues
[01:38:30.080 --> 01:38:36.640]  before the court and the judge reads one of them and ignores the others that should get a criminal
[01:38:36.640 --> 01:38:41.680]  complaint against the judge for denial of due process and they do this stuff all the time
[01:38:43.360 --> 01:38:48.880]  all right i heard your last uh the first gentleman you were speaking with about that
[01:38:51.520 --> 01:38:56.640]  yeah that's a common thing you put in a bunch of claims and they pick the one they like dismiss
[01:38:56.640 --> 01:39:02.640]  the one they like and then just dismiss the case based on that and ignore the rest of the claims
[01:39:03.600 --> 01:39:12.720]  so i'm wanting to go after the judges unless the judge is right i just i had someone in austin who
[01:39:14.800 --> 01:39:21.120]  someone i used to work with just got a paralegal degree and he went to work for a law firm as say
[01:39:21.120 --> 01:39:30.400]  a apprentice so he's working for him for free for 14 months and this is one of these legal aid law
[01:39:30.400 --> 01:39:38.560]  firms who had filed suit and the court ruled against him and they filed an appeal and i looked
[01:39:38.560 --> 01:39:46.400]  at their suit and on the surface it looked like the bank was the the judges the court of appeals
[01:39:46.400 --> 01:39:51.680]  was screwing them around but when i looked closer they were white they'd made the wrong arguments
[01:39:53.120 --> 01:40:01.840]  they argued an assignment but they claimed that the assignment was a forgery this
[01:40:02.880 --> 01:40:09.680]  bligh character that's was all over the internet for being a robo signer he's the one that signed
[01:40:09.680 --> 01:40:20.560]  it and they claimed it was a forgery and i looked at it and i said well here's the problem
[01:40:22.320 --> 01:40:30.160]  you're not a party to that document so you you can't claim it's a forgery
[01:40:30.160 --> 01:40:39.440]  and that the document is void because it's a forgery you can't claim it in this context
[01:40:40.480 --> 01:40:50.800]  in this context is voidable because we have one entity assigning the property to another entity
[01:40:50.800 --> 01:40:59.200]  the contracts between those two one of those two would have to make this claim if the first
[01:40:59.200 --> 01:41:10.960]  the first one who got forgot defrauded by the ford forgery doesn't have a problem with it
[01:41:12.480 --> 01:41:17.520]  then you know they if they wanted to assign it and they don't care if they screwed up signing
[01:41:17.520 --> 01:41:21.440]  it didn't get it signed right they don't care so they don't raise an issue they're the only
[01:41:21.440 --> 01:41:29.040]  one that can be harmed the real issue to have raised is the documents filed in the public
[01:41:29.040 --> 01:41:38.080]  record and the only way it can get authority is to be filed in the public record well texas state
[01:41:38.080 --> 01:41:44.880]  law says that a forged document filed in the public record is void as a matter of law it's
[01:41:44.880 --> 01:41:52.400]  not voidable it is void as a matter of law and has nothing to do with parties the one judge is
[01:41:52.400 --> 01:42:00.160]  centered in the three judge panel on the court of appeals in the fifth circuit and that was exactly
[01:42:00.160 --> 01:42:07.280]  the issue he brought that document was void but they didn't argue it they didn't bring that to
[01:42:07.280 --> 01:42:14.720]  the court and there were a couple other issues that they didn't bring so i really'd like to see
[01:42:14.720 --> 01:42:21.680]  how the judge ruled because there's a good chance that you can get this thing overturned
[01:42:21.680 --> 01:42:30.480]  summer judgments they don't hold up very well at all like 70 percent of them are i'm sorry i'm
[01:42:30.480 --> 01:42:41.120]  thinking of default judgments but in my experience with almost every case that we filed on foreclosure
[01:42:41.120 --> 01:42:46.400]  on foreclosure the other side filed summary judgment and the judge just grant them
[01:42:48.080 --> 01:42:58.640]  no matter what they grant them that part's frustrating but it's it's still just a step in
[01:42:58.640 --> 01:43:05.760]  the case there's a long way to go yet so next week call it you know if you get that thing send it to
[01:43:05.760 --> 01:43:11.680]  me i'd like to see the ruling by the court i will i'll email it to you as soon as i get it
[01:43:11.680 --> 01:43:18.080]  so you can take a look yes i want to see see how the judge got to this point how he got to
[01:43:19.040 --> 01:43:28.400]  around the prohibition under the bankruptcy laws right our attorney had even brought up before the
[01:43:28.400 --> 01:43:35.920]  summary judgment and the appeal to the summary judgment that um none of the none of the dates on
[01:43:35.920 --> 01:43:42.320]  the inception of this um loan matched up and the judge raised that issue and said yeah that's
[01:43:42.320 --> 01:43:47.600]  that's an issue i need to look at so okay okay hang on about to go to break randy calton rule of
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[01:46:22.960 --> 01:46:28.160]  okay we are back randy kelton rule of law radio and we're talking to chris in pennsylvania
[01:46:28.160 --> 01:46:39.440]  okay go ahead chris uh so i was just stating that um uh you know in our appeal that she um
[01:46:40.240 --> 01:46:48.160]  she mentioned a couple of facts about the dates that uh didn't corroborate um with the signing
[01:46:48.160 --> 01:46:58.880]  of the mortgage um who was signed by when it was signed um nothing nothing appeared to to flow as
[01:46:58.880 --> 01:47:06.720]  it should have and the dates of the mortgage the payment the settle the date they were all different
[01:47:08.480 --> 01:47:14.560]  different times different days uh none of them matched what they should have been and she brought
[01:47:14.560 --> 01:47:21.440]  that up to the judge and the judge uh said that that was enough that i guess it took him three
[01:47:21.440 --> 01:47:30.320]  months to figure to look at this and come up with his ruling how does uh pennsylvania law
[01:47:33.280 --> 01:47:38.640]  address the particulars of a document filed in the public record
[01:47:38.640 --> 01:47:46.160]  um here there's there's not much you know
[01:47:48.080 --> 01:47:53.680]  there's not much you can go by i mean even though the recorder of deeds doesn't have any say in
[01:47:53.680 --> 01:47:59.360]  anything we've just now gone to an e-filing here in the state of pennsylvania
[01:47:59.360 --> 01:48:10.000]  um where there's a way to look all this stuff up online and just on online so now you
[01:48:10.560 --> 01:48:18.000]  you have access to all of that um and the recorder of deeds we we've gotten hooked up to his site and
[01:48:18.000 --> 01:48:24.400]  he sends out these little bulletin emails every once in a while to update you on what's going on
[01:48:24.400 --> 01:48:34.400]  in the recorder of deeds office but well the reason i was asking that is uh if the document
[01:48:35.360 --> 01:48:46.800]  purports to transfer a mortgage from one party to another and the document doesn't
[01:48:46.800 --> 01:48:54.800]  okay accurately describe the mortgage then that should be enough to get that document ruled
[01:48:55.360 --> 01:49:08.400]  invalid unless the variances are not material does it have the right parties does it have the right
[01:49:08.400 --> 01:49:20.240]  loan loan number loan amount yeah other issues that may be at variance if they're not material
[01:49:20.240 --> 01:49:30.960]  it may not matter right right we were we were still hoping to to get an affidavit from the
[01:49:30.960 --> 01:49:37.440]  insurance company to use the homeowner's insurance part that they were able to get
[01:49:37.440 --> 01:49:43.200]  that part that we still had in question and i was hoping that a quiet title would raise that issue
[01:49:43.920 --> 01:49:50.080]  with world savings and indy mack being on our homeowner's insurance as the mortgagee
[01:49:51.840 --> 01:49:57.040]  and the fact that indy mack was indicted for having mortgages on its books that had no
[01:49:57.040 --> 01:50:03.600]  assignments with changed loan numbers and on our homeowners policy it distinctly shows indy mack
[01:50:03.600 --> 01:50:13.360]  holding our mortgage for a year and changing the loan number so i'm not sure if that has any
[01:50:14.560 --> 01:50:18.960]  impact on what happened to our mortgage or how our mortgage went through that
[01:50:18.960 --> 01:50:23.440]  scenario and came out sunny side up and walked over your lap again
[01:50:23.440 --> 01:50:33.440]  and that's why i'm kind of concerned with no counterclaim because there should have been
[01:50:33.440 --> 01:50:41.360]  a counterclaim claiming that the lender breached the security instrument
[01:50:43.680 --> 01:50:51.600]  and therefore repudiated the security instrument and can't come back now and claim the privilege
[01:50:51.600 --> 01:50:58.640]  contained in the security instrument that they didn't abide by all the notice requirements
[01:51:00.560 --> 01:51:00.960]  right
[01:51:03.920 --> 01:51:08.080]  so you still may have a way to make that claim
[01:51:11.840 --> 01:51:16.000]  but i have to say i can't say much more until i've seen the summary judgment see what the
[01:51:16.000 --> 01:51:27.920]  ruling says right yeah we're hoping she has some of this figured out as well
[01:51:29.920 --> 01:51:38.880]  because some of the some of the claims we've made in our appeals and in our opening statements that
[01:51:38.880 --> 01:51:45.040]  uh you know just we can't see how near that was overlooked especially the bankruptcy
[01:51:45.840 --> 01:51:54.720]  and the fact that the bank was closed at the time bank didn't exist right it didn't exist
[01:51:55.840 --> 01:51:58.400]  so therefore those could have been acting as its nominee
[01:52:00.960 --> 01:52:07.040]  at the very least that violates the notice requirement of the security instrument
[01:52:07.040 --> 01:52:08.960]  but right
[01:52:11.360 --> 01:52:16.560]  the bank both parties agreed to provide but the other parties with all appropriate
[01:52:16.560 --> 01:52:26.400]  all required notices and the the applicable law and severability paragraph where both
[01:52:26.400 --> 01:52:34.240]  parties agree to abide by all law and right to the real estate settlement procedures act requires
[01:52:34.240 --> 01:52:40.080]  these no notices and if they didn't happen then they breached the contract and their
[01:52:40.080 --> 01:52:45.280]  foreclosing on the contract claim claim when you breached the covenant well you claim they breached
[01:52:45.280 --> 01:52:51.040]  the covenant before you could have so they can't claim the privilege yeah this should have got a
[01:52:51.040 --> 01:52:58.480]  good attack on the deed of trust okay next week we should have it call us back next week and we'll
[01:52:58.480 --> 01:53:05.600]  talk about it should be interesting sounds good thank you chris sounds good thank you
[01:53:06.720 --> 01:53:13.280]  okay now we're going to go to mark in texas hello mark hi randy good evening
[01:53:14.880 --> 01:53:18.960]  been a long time since i talked to you nice to hear your voice i've got something that's
[01:53:18.960 --> 01:53:25.200]  that's right along these lines actually so i wanted to ask you a question um i've basically
[01:53:25.200 --> 01:53:33.040]  taken two months off from all this junk and tonight as i got home i noticed that i have two
[01:53:33.040 --> 01:53:40.720]  things in the mail that's kind of interesting just to um to kind of remind you where my situation is
[01:53:40.720 --> 01:53:53.280]  is i have in in 2013 an assignment that was signed by an employee of sps and um this assignment is
[01:53:53.280 --> 01:54:00.160]  made by an original lender which was out of business in 2008 according to the breast work
[01:54:00.160 --> 01:54:06.800]  case and maybe some other evidence and it's made in the state of arkansas where mers has no capacity
[01:54:06.800 --> 01:54:13.760]  to make an assignment according to a supreme court ruling in southwest homes v mers so the
[01:54:13.760 --> 01:54:23.120]  assignment itself is absolutely uh bullied um i brought that up uh but that didn't didn't get into
[01:54:23.120 --> 01:54:28.960]  that enough um they then subsequently filed something with past statute of limitations
[01:54:28.960 --> 01:54:36.880]  i ended up losing in a hearing um back in june of 2014 after i had already won and here we were
[01:54:36.880 --> 01:54:43.440]  so um i'm i'm curious about this this is the thing i wanted to ask you about first right now i'm
[01:54:43.440 --> 01:54:53.520]  i'm looking into to uh actually filing my fdcpa uh action against sbs for this false and misleading
[01:54:54.160 --> 01:55:03.600]  uh document giving them uh well part of that but uh but just basically relative to letters they sent
[01:55:03.600 --> 01:55:10.480]  me and here's something of interest sorry it's taking me a while to get to this today i got a
[01:55:11.280 --> 01:55:23.120]  a irs form 1099c and a form 1099a and uh one is for cancellation of debt one is for acquisition
[01:55:23.120 --> 01:55:30.880]  or abandonment of secured property now the the party that sued me in that one was us bank
[01:55:30.880 --> 01:55:36.960]  as a trustee for jp morgan chase they were the party that was assigned this mortgage by this
[01:55:36.960 --> 01:55:46.320]  document the real party probably that brought this suit is probably sbs and on on both this 1099a
[01:55:46.320 --> 01:55:54.560]  and c it says creditor's name and it says lender's name and it says select portfolio
[01:55:54.560 --> 01:56:04.400]  service again i do believe that is possibly an fdcpa violation in and of itself um and i wanted
[01:56:04.400 --> 01:56:10.880]  to know what you think about that um they're calling themselves the lender themselves the
[01:56:10.880 --> 01:56:18.480]  creditor when in fact they can't possibly be that um they were for all practical purposes
[01:56:18.480 --> 01:56:24.800]  based on a letter that i got just the loan servicer and so here it is if they're the loan
[01:56:24.800 --> 01:56:39.520]  servicer they're acting on behalf of the lender i think that will be go to a matter of wording
[01:56:39.520 --> 01:56:50.240]  what they call themselves will not be what's the term it really really won't matter they are what
[01:56:50.240 --> 01:56:56.240]  they are whatever they call themselves and so the court's going to look at it and say the fact that
[01:56:56.240 --> 01:57:01.680]  they put that they are the lender and instead of putting putting that they are the agent of the
[01:57:01.680 --> 01:57:10.000]  lender it's going to be irrelevant okay i mean it's a distinction but you have to show how you
[01:57:10.000 --> 01:57:16.880]  were harmed by that or how you were defrauded by that and i can't see where you can get there
[01:57:18.240 --> 01:57:24.080]  well there's there's nothing there this is just somewhat alarming because i get it and i knew
[01:57:24.080 --> 01:57:30.560]  something like this might be coming but more or less they're um they're saying they discharged
[01:57:30.560 --> 01:57:38.080]  like 30 something thousand bucks and then as far as that goes i assume i'm supposed to be liable
[01:57:38.080 --> 01:57:44.080]  for tax on that or something with that effect um you know what they're what they will be saying
[01:57:44.080 --> 01:57:51.920]  is that they discharged it you didn't have to pay it so you gained that much
[01:57:51.920 --> 01:58:00.560]  but that's not not something i've worked with a lot logically when i consider it you lost the
[01:58:00.560 --> 01:58:06.320]  property so you get to claim the entire you should be able to claim the entire property as a loss
[01:58:07.760 --> 01:58:13.600]  sure and then when they send you this 10.99 that should be
[01:58:13.600 --> 01:58:21.200]  countered by the loss of the property so it shouldn't cost you anything
[01:58:23.040 --> 01:58:30.480]  tax wise okay i wouldn't think but i'm not the tax guy hang on randy kelton rule of law radio
[01:58:30.480 --> 01:58:39.600]  our call-in number 512-646-1984 charles i see you there we will get to you we only got two hours
[01:58:39.600 --> 01:58:45.120]  left and julie picks up toward the end so if you got a question or comment give us a call we'll be
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