ROL_2016-02-12_16k_Hr3-4.timecode
[00:00.000 --> 00:06.000] The following use flash is brought to you by the Lone Star Lowdown, providing you deli
[00:06.000 --> 00:13.600] bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.600 --> 00:21.440] into the tides of the alternative.
[00:21.440 --> 00:27.000] Markets for Wednesday the 3rd of February 2016 are currently trading with gold at $1,138.10
[00:27.000 --> 00:34.600] an ounce, silver $14.63 an ounce, Texas crude $29.88 a barrel, and Bitcoin is currently
[00:34.600 --> 00:43.800] sitting at about $370 U.S. currency.
[00:43.800 --> 00:49.680] Today in history, the year 1966, the Luna 9 Russian spacecraft became the first unmanned
[00:49.680 --> 00:54.920] probe to achieve a soft landing on the moon, or any other planetary body for that matter,
[00:54.920 --> 00:57.760] also known as the YE-6 No. 13.
[00:57.760 --> 01:06.120] It was the first probe to transmit photographic data to Earth from the lunar surface.
[01:06.120 --> 01:10.040] In recent news, Sandra Merritt, one of the two indicted with tampering with governmental
[01:10.040 --> 01:14.560] documents in order to create fake driver's license and a plot with anti-abortion activists
[01:14.560 --> 01:19.120] to obtain the undercover video footage exposing Planned Parenthood for selling human body
[01:19.120 --> 01:22.560] parts, turned herself in to Texas authorities today.
[01:22.560 --> 01:25.280] She posted her $2,000 bond and was later released.
[01:25.280 --> 01:29.200] However, the news conference that she was scheduled to hold afterwards was canceled.
[01:29.200 --> 01:32.840] David Daly-Iden, the main activist behind the videos, plans to turn himself over to
[01:32.840 --> 01:35.740] authorities tomorrow, his attorneys have stated.
[01:35.740 --> 01:41.160] He does ironically face an additional misdemeanor charge related to the purchase of human tissue.
[01:41.160 --> 01:45.320] Ironic because if you recall, a grand jury in Houston, Texas that had been tasked with
[01:45.320 --> 01:50.560] looking into the wrongdoing by Planned Parenthood announced that it was indicting Daly-Iden and
[01:50.560 --> 01:56.800] Merritt instead.
[01:56.800 --> 02:01.040] The results for the Iowa caucus are as follows, for the Republican party, Ted Cruz, eight
[02:01.040 --> 02:10.640] delegates or 27.7%, Donald Trump, seven delegates or 24.3%, Mark Rubio, seven delegates, 23.1%,
[02:10.640 --> 02:20.180] Ben Carson, three delegates or 9.3%, Rand Paul, one delegate, 8,481 votes, 4.1%, officially
[02:20.180 --> 02:25.480] Rand Paul did drop out this morning, stating the lack of funds and support as his main
[02:25.480 --> 02:26.480] cause.
[02:26.480 --> 02:33.880] Jeb Bush, one delegate at 2.8%, Carly Farina, one delegate at 1.9%, and John Kasich, one
[02:33.880 --> 02:36.480] delegate at 1.9%.
[02:36.480 --> 02:41.120] For the Democrats, it was actually decided by a coin toss, which gave Hillary six wins
[02:41.120 --> 02:47.920] out of six tosses, Hillary Clinton got 23 delegates and Bernie Sanders, 21 delegates.
[02:47.920 --> 03:04.360] This has been your Lowdown for February 3rd, 2016.
[03:04.360 --> 03:34.080] Okay, we are back in the house, we are back in the house, we are back in the house, we
[03:34.080 --> 03:38.840] are back, Randy Kelton with the radio, and we're talking to Chris in Pennsylvania.
[03:38.840 --> 03:42.000] Okay, Chris, where were we?
[03:42.000 --> 03:44.680] We had one more question.
[03:44.680 --> 03:53.840] Well, I had a question about Wachovia just being, you know, the original lender and having
[03:53.840 --> 03:59.240] MERS act as their nominee, making the assignment to Wells Fargo when Wells Fargo is clearly
[03:59.240 --> 04:01.720] stating that Danny May is the lender.
[04:01.720 --> 04:02.720] Okay, question.
[04:02.720 --> 04:08.800] Okay, that brings up some issues.
[04:08.800 --> 04:14.480] Just saying, Wachovia still exists as an entity.
[04:14.480 --> 04:17.440] Who actually was the original lender?
[04:17.440 --> 04:24.080] Was it Wachovia Bank NA, Wachovia Home Mortgage?
[04:24.080 --> 04:27.840] What was the actual lender?
[04:27.840 --> 04:33.560] Wachovia Mortgage Corporation was the originator of the loan, and we have...
[04:33.560 --> 04:38.960] Does Wachovia Mortgage Lenders still have a corporate presence?
[04:38.960 --> 04:39.960] No.
[04:39.960 --> 04:48.320] Then Wachovia Bank NA is not Wachovia Mortgage Lenders.
[04:48.320 --> 04:52.040] Wachovia Mortgage Lenders definitely exist.
[04:52.040 --> 04:54.560] Right.
[04:54.560 --> 04:55.560] We have case law on that.
[04:55.560 --> 05:02.920] We have got a really good treatment of that out of Austin by a magistrate judge named
[05:02.920 --> 05:13.720] Austin, and he addresses Chase Bank NA and Chase Home Mortgage, and he said that while
[05:13.720 --> 05:22.600] Chase Bank Home Mortgage is a wholly owned subsidiary of Chase Bank NA, Chase Bank Home
[05:22.600 --> 05:26.720] Mortgage is not Chase Bank NA.
[05:26.720 --> 05:29.520] So there had to be an assignment between the two.
[05:29.520 --> 05:32.120] That's what this issue is about.
[05:32.120 --> 05:41.200] So if Chase, if Wachovia Home Mortgage is not, doesn't have a corporate presence, then it
[05:41.200 --> 05:42.200] doesn't exist.
[05:42.200 --> 05:43.200] Right.
[05:43.200 --> 05:49.480] That's what I thought, because I always thought that the federal entity of these subsidiary
[05:49.480 --> 05:53.800] banks who could work at state level don't work under federal law because they're state
[05:53.800 --> 05:54.800] subsidiary.
[05:54.800 --> 05:57.800] Is that correct?
[05:57.800 --> 05:59.240] Wait.
[05:59.240 --> 06:00.240] Because they're...
[06:00.240 --> 06:03.400] I'm having a little trouble understanding.
[06:03.400 --> 06:08.000] You don't work under federal law because...
[06:08.000 --> 06:09.000] Because they're not...
[06:09.000 --> 06:12.440] The Wachovia Bank NA would be the corporate.
[06:12.440 --> 06:18.480] They work under federal law as the main bank, and all of the subsidiaries...
[06:18.480 --> 06:27.240] But Wachovia Mortgage, Wachovia Home Mortgage would almost certainly be filed with the federal
[06:27.240 --> 06:31.520] government as a federal lender.
[06:31.520 --> 06:32.520] But not necessarily.
[06:32.520 --> 06:39.280] If they weren't, then yes, you could take them in the state.
[06:39.280 --> 06:44.200] Just because you're a wholly owned subsidiary, they are a completely separate company.
[06:44.200 --> 06:45.200] Okay.
[06:45.200 --> 06:54.080] So I thought they were subsidiaries based on the fact that one governs federal law and
[06:54.080 --> 07:00.200] the other subsidiaries are why the bank chooses them because they don't act under federal
[07:00.200 --> 07:01.200] law.
[07:01.200 --> 07:05.160] They act under state law provision.
[07:05.160 --> 07:09.960] In that case, you could certainly keep it in the state.
[07:09.960 --> 07:16.480] But in your case, you don't necessarily want to keep it in the state.
[07:16.480 --> 07:17.920] Right.
[07:17.920 --> 07:26.200] My point with that is that once the federal governing body, the corporation holds, these
[07:26.200 --> 07:33.160] subsidiaries lose their ability to act as a bank within themselves because they were
[07:33.160 --> 07:36.920] nearly subsidiaries of the corporation.
[07:36.920 --> 07:37.920] Not necessarily.
[07:37.920 --> 07:47.120] Since the subsidiary is a lending institution, it is most likely filed in its own right.
[07:47.120 --> 07:49.080] Okay.
[07:49.080 --> 07:53.920] Because as far as I know, they don't come under an umbrella.
[07:53.920 --> 07:55.960] Okay.
[07:55.960 --> 07:58.360] Right.
[07:58.360 --> 08:02.680] I don't see how you would get very far with that argument anyway.
[08:02.680 --> 08:09.200] Well, the real argument is they don't exist.
[08:09.200 --> 08:10.200] Right.
[08:10.200 --> 08:16.680] Well, in our pleadings, we made it apparent because while we were doing our homeowners
[08:16.680 --> 08:23.160] mortgage or homeowners insurance was stating that we went through some servicing changes
[08:23.160 --> 08:30.200] throughout the career of this loan and one of the servicing changes was from Wachovia
[08:30.200 --> 08:35.000] Mortgage Corporation to Wachovia Mortgage SSB.
[08:35.000 --> 08:41.640] And in that servicing letter at the very bottom in fine print, it states that Wachovia Mortgage
[08:41.640 --> 08:52.120] Corporation as of this date has become Wachovia Mortgage SSB, no longer exists.
[08:52.120 --> 09:00.320] So everything- Okay, now, did it say that it merged with the other company?
[09:00.320 --> 09:01.320] Did not say it merged.
[09:01.320 --> 09:08.400] It said it changed its name, will be changing its name to Wachovia Mortgage SSB.
[09:08.400 --> 09:14.000] And that- Okay, that doesn't require an assignment.
[09:14.000 --> 09:15.000] Right.
[09:15.000 --> 09:16.000] Right.
[09:16.000 --> 09:18.840] Because they're still the same company.
[09:18.840 --> 09:19.840] Right.
[09:19.840 --> 09:25.720] But one, it no longer can do business as Wachovia Mortgage Corporation.
[09:25.720 --> 09:27.840] No.
[09:27.840 --> 09:32.880] But it can do the business that existed.
[09:32.880 --> 09:34.560] Okay.
[09:34.560 --> 09:38.520] But only- Because they changed their name, and this is
[09:38.520 --> 09:45.800] a problem I ran into before in trying to find who actually had standing because we had a
[09:45.800 --> 09:52.160] company that I looked up and couldn't find it, it didn't exist.
[09:52.160 --> 09:58.080] But then it had merged with another company, and now it was doing business under this other
[09:58.080 --> 10:00.880] company name, so I couldn't find it.
[10:00.880 --> 10:07.280] But the other company still held the mortgage that was in the previous company's name.
[10:07.280 --> 10:08.280] Okay.
[10:08.280 --> 10:10.960] Does that make sense?
[10:10.960 --> 10:12.560] It does.
[10:12.560 --> 10:18.320] What it doesn't make sense to me is if they changed their name to Wachovia Mortgage SSB,
[10:18.320 --> 10:23.680] and we received our payments, went to them as servicer, now if they changed their name
[10:23.680 --> 10:32.040] to Wachovia Mortgage SSB, wouldn't the name of the bank making the assignment be Wachovia
[10:32.040 --> 10:38.200] Mortgage SSB if that came five years later?
[10:38.200 --> 10:42.880] Wachovia Mortgage Corporation couldn't be the bank making the assignment.
[10:42.880 --> 10:48.680] I think it could, it is because it is the same company, it's just doing business under
[10:48.680 --> 10:51.880] another name.
[10:51.880 --> 11:00.560] Reasonably if, let's say, a woman inherits a house and the house is in her name, and
[11:00.560 --> 11:06.880] then she gets married and changes her name, she still has the same rights to the house,
[11:06.880 --> 11:13.160] and she could still transfer the house in her maiden name.
[11:13.160 --> 11:14.720] Okay.
[11:14.720 --> 11:22.960] Although I'm just here, I'm just guessing because this is not something that's directly
[11:22.960 --> 11:23.960] in my expertise.
[11:23.960 --> 11:24.960] Right.
[11:24.960 --> 11:31.480] So it's a little too fine a question of law for me to be able to answer definitively.
[11:31.480 --> 11:32.480] Right.
[11:32.480 --> 11:39.280] Since my wife had changed her name and everything is registered in her, even though it was registered
[11:39.280 --> 11:45.240] in her maiden name, she is now referred to as her married name and can only do business
[11:45.240 --> 11:46.240] under that name.
[11:46.240 --> 11:52.000] She can't do business as her former self.
[11:52.000 --> 11:57.680] I would imagine that was the way it worked for everything.
[11:57.680 --> 12:06.120] Well as to the property that was in the former name, she still has the right to act on that
[12:06.120 --> 12:07.120] property.
[12:07.120 --> 12:11.920] Now she's, the former name owner is the only one who can transfer, she could transfer the
[12:11.920 --> 12:18.760] property in her former name, even though she's operating under a new name.
[12:18.760 --> 12:21.360] Otherwise it would be unreasonable.
[12:21.360 --> 12:22.800] Okay.
[12:22.800 --> 12:32.960] Generally if something sounds reasonable, if it seems as though the law should work
[12:32.960 --> 12:37.440] in a certain way to be equitable, it probably does, it's just a matter of figuring out how
[12:37.440 --> 12:38.440] it does.
[12:38.440 --> 12:39.440] Right.
[12:39.440 --> 12:40.440] Right.
[12:40.440 --> 12:48.400] It's certainly something that bears a little legal research.
[12:48.400 --> 12:49.400] Okay.
[12:49.400 --> 12:59.640] I really need to move along, we've got three more callers and we've been over an hour,
[12:59.640 --> 13:03.520] do you have anything else that we need to handle?
[13:03.520 --> 13:10.480] Give me the federal title for the bankruptcy code that you're aware of.
[13:10.480 --> 13:16.520] I think it's 11 USC 256 if I remember right, it's in the 250 area.
[13:16.520 --> 13:19.000] That's what I've been looking at.
[13:19.000 --> 13:20.000] Okay.
[13:20.000 --> 13:24.080] I just wanted to make sure I was in the right direction.
[13:24.080 --> 13:25.080] Okay.
[13:25.080 --> 13:26.840] Thank you, Chris.
[13:26.840 --> 13:27.840] Thank you, Randy.
[13:27.840 --> 13:28.840] Okay.
[13:28.840 --> 13:35.000] Now we're going to go to Scott in Texas, hello Scott, what do you have for us today?
[13:35.000 --> 13:43.120] Well, I'll just give everybody a little brief update on the charge that I filed against
[13:43.120 --> 13:49.520] the judge, the criminal indictment with the Tarrant County grand jury came back no build.
[13:49.520 --> 13:55.600] So now I'll go ahead and submit it to the Dallas County grand jury since he was in Dallas
[13:55.600 --> 13:56.600] County.
[13:56.600 --> 13:57.600] Okay.
[13:57.600 --> 13:58.600] Hold on, hold on.
[13:58.600 --> 14:00.800] Do you have that letter you received?
[14:00.800 --> 14:01.800] I do.
[14:01.800 --> 14:03.720] Will you read it?
[14:03.720 --> 14:07.880] This is a letter from the foreman of the grand jury.
[14:07.880 --> 14:16.240] Yeah, it's a pretty short letter, so let me grab it real quick and realize you want me
[14:16.240 --> 14:17.240] to read it.
[14:17.240 --> 14:18.240] So hang on.
[14:18.240 --> 14:32.320] Okay, while you're getting that, this is where Scott went before a municipal judge in a traffic
[14:32.320 --> 14:42.480] issue and had filed Eddie's pleadings in the case and initiated a statement in his behalf
[14:42.480 --> 14:44.280] in a motion hearing.
[14:44.280 --> 14:49.920] And when he mentioned travel, the judge erupted and told him to not say anything else.
[14:49.920 --> 14:53.040] He wasn't going to bring that in his court.
[14:53.040 --> 15:02.440] So the complaint that was filed was based on the judge denying him due process.
[15:02.440 --> 15:08.120] So he filed it, it occurred in Addison, Texas, which is in Dallas County.
[15:08.120 --> 15:15.720] He filed it with the Tarrant County grand jury because I had worked with the new district
[15:15.720 --> 15:20.200] attorney and kind of got the door open so you could take criminal complaints to them.
[15:20.200 --> 15:21.200] Okay.
[15:21.200 --> 15:23.280] I got it right here.
[15:23.280 --> 15:25.080] Okay, hold on.
[15:25.080 --> 15:30.360] He gave this to the bailiff who gave it to the foreman and this is the letter he got
[15:30.360 --> 15:32.320] back from the foreman.
[15:32.320 --> 15:33.800] All right.
[15:33.800 --> 15:39.720] We the undersigned foreperson have both reviewed the materials you have sent the Tarrant County
[15:39.720 --> 15:41.440] grand juries.
[15:41.440 --> 15:47.160] As servants of the citizens of Tarrant County, we give all the correspondence and complaintants
[15:47.160 --> 15:50.560] sent to us are of most attention.
[15:50.560 --> 15:57.480] The Texas Code of Criminal Procedure article 20.09 states that the grand jury shall inquire
[15:57.480 --> 16:05.040] into all offenses liable to indictment of which any member may have knowledge or of
[16:05.040 --> 16:14.160] which they shall be informed by the attorney representing the state or any credible person.
[16:14.160 --> 16:21.960] Upon consideration of your materials, we do not find a Tarrant County offense liable to
[16:21.960 --> 16:25.440] the indictment under the Texas Penal Code.
[16:25.440 --> 16:33.320] Further inquiry into matters beyond the scope of Tarrant County would not be a judicious
[16:33.320 --> 16:37.840] use of the trust placed into us by the citizens of the county to be a waste of grand jury's
[16:37.840 --> 16:38.840] limited resources.
[16:38.840 --> 16:42.080] This is not a determination on the parents.
[16:42.080 --> 16:46.020] We encourage you to take your complaints to more appropriate venues such as the county
[16:46.020 --> 16:49.480] in which your alleged offenses occurred in addition to complaints.
[16:49.480 --> 16:50.480] Hang on.
[16:50.480 --> 16:51.480] Hang on.
[16:51.480 --> 16:52.480] About to go to break.
[16:52.480 --> 16:53.480] Randy Kelton will blow our radio.
[16:53.480 --> 16:54.480] We'll be right back.
[16:54.480 --> 16:55.480] Thanks to our guns.
[16:55.480 --> 16:56.480] Then get them back and support the Logos Radio Network at the same time.
[16:56.480 --> 16:57.480] The following sponsors have stepped up to help keep this network on air with a fundraising
[16:57.480 --> 16:58.480] contest.
[16:58.480 --> 16:59.480] The Texas Code of Criminal Procedure article 20 states that the grand jury shall inquire
[16:59.480 --> 17:00.480] into all offenses liable to indictment of which any member may have knowledge or of
[17:00.480 --> 17:01.480] which they shall be informed by the attorney representing the state or any credible person.
[17:01.480 --> 17:02.480] The Texas Code of Criminal Procedure article 20 states that the grand jury shall inquire
[17:02.480 --> 17:03.480] into all offenses liable to indictment of which any member may have knowledge or of
[17:03.480 --> 17:26.480] which they shall be informed by the attorney representing the state or any credible person.
[17:26.480 --> 17:54.480] The Texas Code of Criminal Procedure article 20 states that the grand jury shall inquire
[17:54.480 --> 18:17.480] into all offenses liable to indictment of which any member may have knowledge or of
[18:17.480 --> 18:37.480] which they shall be informed by the attorney representing the state or any credible person.
[18:37.480 --> 18:58.480] The Texas Code of Criminal Procedure article 20 states that the grand jury shall inquire
[18:58.480 --> 19:18.480] into all offenses liable to indictment of which any member may have knowledge or of
[19:18.480 --> 19:42.480] which they shall be informed by the attorney representing the state or any credible person.
[19:42.480 --> 19:54.480] My question to the grand jury is what part of all offenses subject to indictment is hard
[19:54.480 --> 19:59.040] for you to understand?
[19:59.040 --> 20:06.780] The Texas Code of Criminal Procedure does not say all offenses subject to indictment
[20:06.780 --> 20:10.400] within your venue.
[20:10.400 --> 20:14.800] It says all offenses.
[20:14.800 --> 20:21.040] While a district judge who impanels a grand jury has a venue restriction, there is no
[20:21.040 --> 20:24.240] such restriction on the grand jury.
[20:24.240 --> 20:33.920] So instead of going to the Dallas County grand jury just yet, or you can in conjunction,
[20:33.920 --> 20:39.680] the next thing I would do is go back to the Tarrant County grand jury with criminal charges
[20:39.680 --> 20:43.640] against the grand jury foreman.
[20:43.640 --> 20:54.920] And I noticed that the document read grand jury, grand jury foreman's, didn't it indicate
[20:54.920 --> 20:55.920] two foreman's?
[20:55.920 --> 20:59.040] Yeah, it was kind of weird.
[20:59.040 --> 21:03.680] I mean, I don't know why it was plural like that, but...
[21:03.680 --> 21:06.520] I take it was signed by one?
[21:06.520 --> 21:11.200] So it says the undersigned for persons.
[21:11.200 --> 21:15.120] Okay, so there's only one signature on it.
[21:15.120 --> 21:22.040] So file a criminal complaint against that grand juror for obstruction of justice and
[21:22.040 --> 21:25.040] official oppression.
[21:25.040 --> 21:30.920] Can file that with the Tarrant County grand juror and I'll help you put together the legal
[21:30.920 --> 21:35.480] brief I already have it on the subject.
[21:35.480 --> 21:38.400] For one, I'll be filing myself.
[21:38.400 --> 21:39.400] Okay.
[21:39.400 --> 21:49.160] And then did, I mean, is this something that we need to really start pushing towards the
[21:49.160 --> 21:54.480] Texas Rangers so that these guys will, I mean, we need to get these guys involved.
[21:54.480 --> 21:55.480] Yes.
[21:55.480 --> 21:56.480] Okay.
[21:56.480 --> 21:58.120] Here's the deal with the Texas Rangers.
[21:58.120 --> 22:04.960] I talked to my local ranger and I told him I was going to bring him complaints and he
[22:04.960 --> 22:06.200] said he couldn't take them.
[22:06.200 --> 22:09.680] He could only get complaints if they were referred to him from the district by the district
[22:09.680 --> 22:12.680] attorney.
[22:12.680 --> 22:17.000] I thought though I told him that I thought that was very interesting.
[22:17.000 --> 22:24.520] I asked him since the Department of Public Safety is forbidden to enforce the criminal
[22:24.520 --> 22:32.520] laws except under at the request of and under the direction of local law enforcement.
[22:32.520 --> 22:35.320] Are you a certified peace officer in the state of Texas?
[22:35.320 --> 22:38.440] He said, yes, I am.
[22:38.440 --> 22:40.000] Do you enforce the traffic code?
[22:40.000 --> 22:41.000] No, I do not.
[22:41.000 --> 22:43.160] Do you carry a loaded pistol?
[22:43.160 --> 22:45.760] Yes, I do.
[22:45.760 --> 22:55.320] So by that, I take it that you are employed as a peace officer as opposed to a police
[22:55.320 --> 22:56.320] officer.
[22:56.320 --> 23:02.400] A police officer is defined in the administrative code as a member of the Department of Public
[23:02.400 --> 23:06.640] Safety that enforces the traffic code.
[23:06.640 --> 23:14.720] They are engaged and they are employed as police officers, not peace officers.
[23:14.720 --> 23:21.080] Now each one of them must be certified as a peace officer, but they are not employed
[23:21.080 --> 23:23.720] in that capacity.
[23:23.720 --> 23:28.720] So my question to the ranger, are you employed in the capacity of a peace officer?
[23:28.720 --> 23:31.240] He said, yes, I am.
[23:31.240 --> 23:36.080] So you are authorized to enforce the criminal code, yes, I am.
[23:36.080 --> 23:43.560] Then under Article 2.13, Code of Criminal Procedure, you have a specific duty as a peace
[23:43.560 --> 23:44.560] officer.
[23:44.560 --> 23:51.520] So I'm going to send you a verified criminal affidavit against our local district judge
[23:51.520 --> 23:59.800] and I'm going to expect you to act in accordance with your duty under Article 2.13, 14.03,
[23:59.800 --> 24:01.440] 14.06.
[24:01.440 --> 24:09.960] Well, Mr. Carlton, I don't know what that is, but you might want to read it.
[24:09.960 --> 24:13.920] And he said, well, I won't be able to do anything with it.
[24:13.920 --> 24:21.480] I said, well, I need to send it to you, you need to follow protocol and then that gives
[24:21.480 --> 24:27.720] me a claim I can make so that I can get the protocol adjusted so that it is in pair of
[24:27.720 --> 24:31.340] materia with statute.
[24:31.340 --> 24:36.160] So that's my next step is to send a criminal complaint against my local district judge
[24:36.160 --> 24:39.760] for first degree felony aggravated assault.
[24:39.760 --> 24:45.440] He had me accosted by a bunch of bailiffs, prominently displaying deadly weapons in order
[24:45.440 --> 24:51.320] to prevent me from challenging the grand jury panel.
[24:51.320 --> 24:57.560] So that ought to be an interesting issue and then when he refuses to act on it, then I'll
[24:57.560 --> 25:04.960] file with the local grand jury a criminal complaint against the Texas ranger, accusing
[25:04.960 --> 25:14.440] him of violating his duty under Article 2.13 and then I'll sue the Texas rangers for obstruction
[25:14.440 --> 25:15.440] of justice.
[25:15.440 --> 25:25.920] See if we can't get an answer on whether or not a Texas ranger can act in his own volition
[25:25.920 --> 25:32.000] and not just be a puppet for the prosecutor.
[25:32.000 --> 25:34.640] So that's the story on the Texas rangers.
[25:34.640 --> 25:41.160] Now we do have someone in a family case in Tarrant County who filed a complaint with
[25:41.160 --> 25:47.080] the Texas ranger and the Texas ranger sent a request to the prosecuting attorney, Sharon
[25:47.080 --> 25:53.040] Wilson, for authorization to investigate this public official.
[25:53.040 --> 25:57.600] The district attorney denied them authority to investigate so they refused to.
[25:57.600 --> 26:07.720] So in that case, I will be filing an information request asking for a copy of the letter or
[26:07.720 --> 26:16.200] communication sent to the district attorney and a copy of the return email from the district
[26:16.200 --> 26:18.520] attorney.
[26:18.520 --> 26:25.440] So in that case, once I get them, then I can file charges in that case.
[26:25.440 --> 26:31.560] So maybe we can get something sorted out here and get the Texas rangers in a position to
[26:31.560 --> 26:35.560] where they're actually an enforcement agency.
[26:35.560 --> 26:40.480] So since they're still doing a little song and dance with their new statutes, their authority
[26:40.480 --> 26:46.960] just passed in September of last year and they were required to put together a set of
[26:46.960 --> 26:54.520] protocols and their set of protocols they put together essentially rendered them impotent.
[26:54.520 --> 26:59.880] So they can't do anything unless the prosecutor tells them they can't.
[26:59.880 --> 27:03.680] And the prosecutor can't investigate, the prosecutor is required to give the complaint
[27:03.680 --> 27:05.680] to the grand jury.
[27:05.680 --> 27:12.640] So it'll take a little researching to figure out how to handle this.
[27:12.640 --> 27:21.400] If the Texas ranger gave notice to the district attorney that a public official has violated
[27:21.400 --> 27:26.560] a law relating to his office and gave it to him in the form of a request for authorization
[27:26.560 --> 27:34.080] to investigate it, the district attorney has no discretion, they must give the complaint
[27:34.080 --> 27:35.080] to the grand jury.
[27:35.080 --> 27:40.360] So I'm suspecting here that the district attorney didn't.
[27:40.360 --> 27:48.520] My conundrum is, is I do not want to go after the Tarrant County District Attorney.
[27:48.520 --> 27:58.600] We've got kind of a poor here who are at least in mutual respect and I don't want to sting
[27:58.600 --> 28:04.760] her if I can avoid it, but it looks like I'm going to have to.
[28:04.760 --> 28:09.200] I hate the idea of it, maybe she won't take it personal, but I'm going to have to go after
[28:09.200 --> 28:17.880] or over this just to get the law concerning Texas Rangers clearly defined by the case
[28:17.880 --> 28:18.880] law.
[28:18.880 --> 28:22.440] And this is a case that both parties will have some interest in.
[28:22.440 --> 28:26.440] So I may actually get a good ruling on it.
[28:26.440 --> 28:33.200] So my suggestion to you, Scott, is we file, prepare a complaint against the foreman of
[28:33.200 --> 28:42.480] the grand jury and give that back to the Texas Rangers and see what they do with it.
[28:42.480 --> 28:46.640] And I'll prepare mine, I've got a foreman I'll be charging with the same thing.
[28:46.640 --> 28:51.880] I'll file mine and we'll see what they do with it.
[28:51.880 --> 28:59.120] As a matter of fact, I may have three or four other people I can get to file in the interim.
[28:59.120 --> 29:03.560] We can get several of these at once.
[29:03.560 --> 29:08.840] Well I think it would be a good idea, I mean, you know, I hope there's a ranger out there
[29:08.840 --> 29:13.720] listening because I grew up, I'm born and raised in Dallas, Texas.
[29:13.720 --> 29:21.640] We always knew the Rangers were the most upstanding group of the law out there.
[29:21.640 --> 29:27.520] I mean, it was, everybody knew you don't mess with the Rangers, one riot, one ranger.
[29:27.520 --> 29:33.360] And these guys are supposed to have the utmost power in the state of Texas and we've got
[29:33.360 --> 29:36.440] these prosecutors that are violating the law.
[29:36.440 --> 29:39.120] They need to be jailed too by the Rangers.
[29:39.120 --> 29:40.120] Absolutely.
[29:40.120 --> 29:43.160] Hang on, we're about to go to break.
[29:43.160 --> 29:51.760] This is Randy Kelton, Wheel of Law Radio, I call that number, 512-646-1984.
[29:51.760 --> 29:56.560] During the break, go check out our sponsors, help us support this network, we'll be right
[29:56.560 --> 29:57.560] back.
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[33:12.920 --> 33:36.440] Okay.
[33:36.440 --> 33:37.440] We are back.
[33:37.440 --> 33:41.200] Randy Kelton, Rule of Law Radio, and we're talking to Scott in Texas.
[33:41.200 --> 33:53.920] So we file a complaint against the foreman and I'd like to test out the Rangers, but
[33:53.920 --> 33:56.840] I've got a better one to test out the Rangers with.
[33:56.840 --> 34:05.640] Here we got a good test of the grand jury because the foreman claimed a jurisdictional
[34:05.640 --> 34:10.860] restriction when no jurisdictional restriction exists.
[34:10.860 --> 34:20.200] Now we go back against, we charge this foreman with, we file with another foreman against
[34:20.200 --> 34:21.200] this foreman.
[34:21.200 --> 34:22.200] That should be interesting.
[34:22.200 --> 34:38.800] And I'll do the brief in support of this as there is no case law on this issue whatsoever
[34:38.800 --> 34:48.960] and there is nothing in law anywhere restricting a grand jury to a venue.
[34:48.960 --> 34:58.840] So the grand jury foreman claimed the authority to refuse to act in accordance with 20.09.
[34:58.840 --> 35:04.560] I want to see that authority.
[35:04.560 --> 35:11.240] Back to Constitution and back to the difference between the servant and the master.
[35:11.240 --> 35:13.480] Master can do anything he wants to.
[35:13.480 --> 35:19.140] The servant may only do what he's specifically authorized to do and I see no authorization
[35:19.140 --> 35:23.760] to refuse to examine it and do a criminal accusation of a crime that occurred in the
[35:23.760 --> 35:24.760] state of Texas.
[35:24.760 --> 35:28.760] And that's my story and I'm sticking to it.
[35:28.760 --> 35:29.760] Agreed.
[35:29.760 --> 35:34.840] Okay, do you have anything else for us, Mark, Scott?
[35:34.840 --> 35:35.840] No, sir.
[35:35.840 --> 35:42.480] I will let you go so you can get somebody else so I will talk to you Monday.
[35:42.480 --> 35:43.480] Okay.
[35:43.480 --> 35:44.480] Thank you, Scott.
[35:44.480 --> 35:45.480] Okay.
[35:45.480 --> 35:49.040] Now we're going to go to Sonny in Georgia.
[35:49.040 --> 35:50.040] Hello, Sonny.
[35:50.040 --> 35:51.040] Hello, Randy.
[35:51.040 --> 35:52.040] Howdy.
[35:52.040 --> 35:57.040] Hey, what do you have for us today?
[35:57.040 --> 36:11.960] Well, I wanted to get your opinion on, well, first, I filed a rescission of the mortgage
[36:11.960 --> 36:20.440] before the foreclosures sale, which they went ahead with.
[36:20.440 --> 36:28.680] They are now sending me a cash for keys type offer, which now I anticipate they're going
[36:28.680 --> 36:33.040] to probably try an eviction in a week or two.
[36:33.040 --> 36:36.440] That would just be my guess.
[36:36.440 --> 36:44.880] And so my question to you as far as whether your opinion would be on the best, what would
[36:44.880 --> 36:52.600] be the best chance to get an injunction to stop this, either with a quiet title based
[36:52.600 --> 36:54.840] on the rescission on the...
[36:54.840 --> 36:56.360] Okay, hold on.
[36:56.360 --> 36:59.680] Did the bank purchase the property back?
[36:59.680 --> 37:01.880] Yes, they did.
[37:01.880 --> 37:04.440] Oh, that's a good thing.
[37:04.440 --> 37:08.960] I had one of the first cases I helped somebody with.
[37:08.960 --> 37:15.520] He came to me two days from an eviction hearing.
[37:15.520 --> 37:22.360] Seven years later, he had the case won and screwed up on a procedural grounds and lost
[37:22.360 --> 37:23.360] it.
[37:23.360 --> 37:25.680] But seven, yeah, it was seven years later.
[37:25.680 --> 37:26.680] Okay.
[37:26.680 --> 37:30.320] So point is, is you're not in dire jeopardy yet.
[37:30.320 --> 37:37.920] And back to what to do, quiet title, yes.
[37:37.920 --> 37:44.240] Has there been filed a trustee's deed?
[37:44.240 --> 37:47.200] I don't know.
[37:47.200 --> 38:00.220] Check and see before you file and file against the trustee's deed and only name the trustee.
[38:00.220 --> 38:03.200] That would be a quiet title against the trustee's deed?
[38:03.200 --> 38:11.200] Yeah, you only notice the trustee, but a quiet title action is not really a suit against
[38:11.200 --> 38:12.960] someone.
[38:12.960 --> 38:20.040] You merely notice the trustee is an interested party, but that's the only one you notice.
[38:20.040 --> 38:23.360] As far as you're concerned, that's the only interested party.
[38:23.360 --> 38:30.160] It was the trustee who sold the property and filed the trustee's deed in the public record.
[38:30.160 --> 38:32.440] So that's the one you name in the suit.
[38:32.440 --> 38:38.760] If they think somebody else is an interested party, let them cross complain against the
[38:38.760 --> 38:40.080] third party and bring them in.
[38:40.080 --> 38:46.760] But you don't know anything about a third party.
[38:46.760 --> 38:50.640] Does that make sense?
[38:50.640 --> 39:02.360] Yes, if they haven't filed a trustee's deed, then where I just file it against the trustee's
[39:02.360 --> 39:03.360] deed?
[39:03.360 --> 39:04.360] The servicer?
[39:04.360 --> 39:10.960] Then you might file criminal charges against whoever's... Yeah, you need to wait until
[39:10.960 --> 39:18.480] ... Okay, if they haven't filed a trustee's deed, do you have any information to indicate
[39:18.480 --> 39:25.880] that there was actually a sale other than the fact that somebody told you that?
[39:25.880 --> 39:30.760] Do you have it in writing?
[39:30.760 --> 39:34.080] I don't think I have it in writing.
[39:34.080 --> 39:42.200] Okay, here we're talking about the difference between the common civil arena and the legal
[39:42.200 --> 39:43.880] arena.
[39:43.880 --> 39:49.640] In law, you don't have it unless you have it in writing.
[39:49.640 --> 39:52.520] All the rest is hearsay.
[39:52.520 --> 39:59.560] So right now, somebody told you that it was sold at auction and they're offering you to
[39:59.560 --> 40:06.320] give you a few bucks for the keys to the property, but you don't know if they own it or not.
[40:06.320 --> 40:15.600] So you might want to ask them for a deed to the property.
[40:15.600 --> 40:21.600] If it hasn't been filed, then ask these people to see the deed or get a copy of the deed.
[40:21.600 --> 40:30.280] And then once you get the deed, it's to the trustee that's named on the deed.
[40:30.280 --> 40:31.840] And you do a quiet title against them.
[40:31.840 --> 40:40.680] That will almost certainly stop them from trying to foreclose or trying to evict.
[40:40.680 --> 40:49.720] If they file an eviction, a petition for an eviction hearing, then you can petition for
[40:49.720 --> 40:52.560] restraining order.
[40:52.560 --> 40:55.720] Okay.
[40:55.720 --> 41:01.780] But when you petition for restraining order, the court cannot restrain the judge.
[41:01.780 --> 41:05.400] The court can only restrain the plaintiff.
[41:05.400 --> 41:10.880] So make sure you ask the court to restrain the plaintiff from pursuing prosecution of
[41:10.880 --> 41:19.440] eviction until the adjudication of the quiet title action.
[41:19.440 --> 41:21.360] Does that make sense?
[41:21.360 --> 41:22.360] Yes.
[41:22.360 --> 41:23.360] Yes.
[41:23.360 --> 41:24.360] Yes, it does.
[41:24.360 --> 41:38.600] If they're saying the trustee is Deutsche Bank National Trust Company, from what I have...
[41:38.600 --> 41:39.600] Okay.
[41:39.600 --> 41:40.600] Okay.
[41:40.600 --> 41:46.600] What do you really know?
[41:46.600 --> 41:49.200] That's kind of a rhetorical question.
[41:49.200 --> 41:56.240] What you really know is that somebody signed this document, they put their name on it,
[41:56.240 --> 41:58.120] and they filed it in the public record.
[41:58.120 --> 42:00.240] That you know.
[42:00.240 --> 42:09.800] Now, on this document, they made claims, but you don't know if that's true or not.
[42:09.800 --> 42:14.120] You only know that somebody's signature is on this document and that somebody filed it
[42:14.120 --> 42:17.240] in the public record.
[42:17.240 --> 42:26.120] So you want to get the one who filed this and have them prove up the information in
[42:26.120 --> 42:30.840] the document and then prove up that they had authority to file it.
[42:30.840 --> 42:33.520] This is what a quiet title is about.
[42:33.520 --> 42:41.840] The issues in a quiet title is when someone files a document in the public record that
[42:41.840 --> 42:50.360] affects the claim against real property, at least in Texas, and it's probably the same
[42:50.360 --> 42:57.720] in Georgia, they have to have something in the record showing that they have standing
[42:57.720 --> 43:01.000] to take this action.
[43:01.000 --> 43:10.520] In Texas, 51.901C says that any document filed in the public record by someone who does not
[43:10.520 --> 43:17.200] have a filing in the record showing that they have authority to file a document affecting
[43:17.200 --> 43:23.840] title is presumed to be fraud.
[43:23.840 --> 43:27.520] So that gives you the grounds to go back and challenge it.
[43:27.520 --> 43:34.840] So you challenge whoever filed the document and then they have to come in if they choose
[43:34.840 --> 43:41.240] to oppose your quiet title action and prove up their standing to take the action that
[43:41.240 --> 43:42.240] they took.
[43:42.240 --> 43:43.240] Hang on.
[43:43.240 --> 43:44.880] About to go to break.
[43:44.880 --> 43:49.960] This is Randy Kelton, Wheel of Law Radio, our call in number 512-646-1984.
[43:49.960 --> 43:55.960] I've got a full call board tonight, so if you have a question, make sure you call in
[43:55.960 --> 44:02.360] quickly so I'll know how many I've got to go through so I'll try to get to you.
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[45:59.920 --> 46:10.760] Whoa, whoa, whoa, yeah.
[46:10.760 --> 46:28.640] Always, I must be careful what I'm wishing for.
[46:28.640 --> 46:40.160] Hey, we are back, Randy Kelton, rule of law radio, and we're talking to Sonny in Georgia.
[46:40.160 --> 46:49.880] I lost my place, hello Sonny, okay, quiet title, if you needed restraining order, make
[46:49.880 --> 46:57.800] sure you do it against the plaintiff and not the judge, quiet, the only one you would name
[46:57.800 --> 47:04.200] as respondent would be the trustee, because it is the trustee who filed the document.
[47:04.200 --> 47:12.880] Is there an assignment in the public record to the trustee?
[47:12.880 --> 47:17.760] I'm sorry, an appointment of the trustee?
[47:17.760 --> 47:20.600] Not that I'm aware of.
[47:20.600 --> 47:21.600] Oh.
[47:21.600 --> 47:30.200] There's only an assignment of the deed to secure debt.
[47:30.200 --> 47:40.840] Okay, is the trustee, the trustee named on the mortgage instrument?
[47:40.840 --> 47:47.840] No, I mean not the original.
[47:47.840 --> 47:54.120] Okay, make sure you check the record and look for an appointment of substitute trustee.
[47:54.120 --> 47:55.120] Okay.
[47:55.120 --> 48:02.480] And if there is one, look at the name of whoever appointed the trustee and see if there's a
[48:02.480 --> 48:10.600] complete chain of holder status from the original lender to this person or to this entity, and
[48:10.600 --> 48:17.120] then check each document that's been filed and make sure that the entity that filed the
[48:17.120 --> 48:23.280] document was still in existence when the document was filed.
[48:23.280 --> 48:25.400] That primarily goes to the original lender.
[48:25.400 --> 48:29.160] Who was the original lender?
[48:29.160 --> 48:36.120] The original lender was Southern Lenders Mortgage and they went out of business even before
[48:36.120 --> 48:41.720] this transfer.
[48:41.720 --> 48:48.600] They went out about five, I think it was about five years before the assignment.
[48:48.600 --> 48:49.600] Okay.
[48:49.600 --> 48:59.480] Do you have all of the documents from the, that are filed with the county recorder?
[48:59.480 --> 49:04.800] I have everything as of, I guess it was about a year ago.
[49:04.800 --> 49:09.440] I need to go back up there and just check and see what else has been added.
[49:09.440 --> 49:10.440] Okay.
[49:10.440 --> 49:13.840] Send them to me, let me look at them.
[49:13.840 --> 49:14.840] Okay.
[49:14.840 --> 49:22.200] But before you do that, I'd like you to do a naming convention for me.
[49:22.200 --> 49:23.680] Naming convention, okay.
[49:23.680 --> 49:24.680] Yes.
[49:24.680 --> 49:37.080] Name each file with your last name, a space, the year, dash month, dash day, all in numerals,
[49:37.080 --> 49:39.880] and then what the document is.
[49:39.880 --> 49:44.880] If you use that naming convention, when you drop them in a folder, they'll all align themselves
[49:44.880 --> 49:48.600] in chronological order.
[49:48.600 --> 49:55.160] The only way you can get it to do that is to put it in that order, year, month, day.
[49:55.160 --> 49:59.840] Then it'll order by year first, then by month, then by day.
[49:59.840 --> 50:03.960] And I always want you to put the name on the front so if I drop the document in the wrong
[50:03.960 --> 50:09.560] folder, then I recognize it right away and I can move it where it belongs.
[50:09.560 --> 50:15.080] And I'll look these over and give you kind of a synopsis of what I can find.
[50:15.080 --> 50:16.080] Okay.
[50:16.080 --> 50:21.880] So, last name, space, year, month, day, document.
[50:21.880 --> 50:23.080] Yes.
[50:23.080 --> 50:28.320] And also include the hard-won settlement statement, note, truth, and ending statement.
[50:28.320 --> 50:29.320] Okay.
[50:29.320 --> 50:37.280] I'll have a look at those and I can get you some really good claims against these guys.
[50:37.280 --> 50:38.280] Okay.
[50:38.280 --> 50:46.400] Okay, do that and this ought to be interesting.
[50:46.400 --> 50:47.400] Thank you.
[50:47.400 --> 50:51.920] Okay, do you have anything else for us?
[50:51.920 --> 51:01.120] One curious point, Deutsche Bank National Trust Company, I've noticed several places
[51:01.120 --> 51:06.520] online where they are not a registered corporation in any state.
[51:06.520 --> 51:18.880] And in Georgia, no trust is able to own property because Georgia does not recognize a trust
[51:18.880 --> 51:25.200] as a legal entity that can hold a property right.
[51:25.200 --> 51:32.480] Is this Deutsche Bank Trust registered with the federal government?
[51:32.480 --> 51:44.080] I am not sure where, I mean, they had an initial filing in the SEC, but then, you know, after
[51:44.080 --> 51:49.560] a couple of years, I mean, they're very likely don't even exist anymore.
[51:49.560 --> 51:53.040] They quit filing after a couple of years.
[51:53.040 --> 51:54.040] Okay.
[51:54.040 --> 51:59.960] Well, I will look at that when you send me the documentation.
[51:59.960 --> 52:05.760] The fact that they weren't filed to do business in Georgia is not necessarily an issue if
[52:05.760 --> 52:09.360] they were filed with the federal government as a national association.
[52:09.360 --> 52:13.840] Then they can do business anywhere and they don't have to file with any state.
[52:13.840 --> 52:15.640] They don't have to comply with state law.
[52:15.640 --> 52:21.660] They have to comply with, they have to comply with certain state laws, but primarily they're
[52:21.660 --> 52:23.000] under the federal government.
[52:23.000 --> 52:28.680] That's what this was done in Utah, a judge through Bank of America out of Utah because
[52:28.680 --> 52:35.320] they weren't registered to do business in Utah and the federal, the court came back
[52:35.320 --> 52:40.720] two days later and said, they're a national association, they can do business anywhere
[52:40.720 --> 52:44.040] and they don't have to file with anybody.
[52:44.040 --> 52:45.040] So that's kind of settled.
[52:45.040 --> 52:53.720] Then we'd have to check and see if they were never properly filed to do business like American
[52:53.720 --> 53:04.760] wholesale lenders, then anything they touched, you can poison.
[53:04.760 --> 53:10.000] Where would you check to find out if they were a nationally registered association?
[53:10.000 --> 53:14.840] You can probably look all this up on the internet.
[53:14.840 --> 53:19.200] Just run their name, you'll find probably Better Business Bureau, there'll be a lot
[53:19.200 --> 53:21.800] of things it'll have.
[53:21.800 --> 53:27.760] I find all my information on the internet and it's relatively simple.
[53:27.760 --> 53:32.200] Just put their name in and see what you find and you'll get connections and leads, you'll
[53:32.200 --> 53:35.840] be able to reach whatever you need.
[53:35.840 --> 53:38.440] Okay, good deal.
[53:38.440 --> 53:39.440] Thank you so much.
[53:39.440 --> 53:40.440] Okay.
[53:40.440 --> 53:41.440] Okay.
[53:41.440 --> 53:42.440] Thank you, Sonny.
[53:42.440 --> 53:45.080] Now we're going to go to Tony in Pennsylvania.
[53:45.080 --> 53:48.280] Hello, Tony, what do you have for us today?
[53:48.280 --> 53:51.480] Hey, Randy, how are you doing today?
[53:51.480 --> 53:52.480] I'm good.
[53:52.480 --> 53:53.480] Can you hear me okay?
[53:53.480 --> 53:54.480] Yes, I can.
[53:54.480 --> 53:55.480] I'll just make it sure.
[53:55.480 --> 53:56.480] Okay, good.
[53:56.480 --> 54:02.400] Hey, I want to ask you, your air conditioning, you have that taken care of for the next decade?
[54:02.400 --> 54:04.280] My air conditioning?
[54:04.280 --> 54:07.920] Your air conditioning needs there at the property?
[54:07.920 --> 54:08.920] Yeah.
[54:08.920 --> 54:11.920] I'm just making a joke.
[54:11.920 --> 54:16.440] Hey, anyway, I have a question.
[54:16.440 --> 54:22.240] My lawyer in my case has finally come into fruition and we've got a pre-trial conference
[54:22.240 --> 54:26.800] scheduled for next Wednesday, okay?
[54:26.800 --> 54:30.760] Okay.
[54:30.760 --> 54:32.440] My lawyer, I talked to him this morning.
[54:32.440 --> 54:41.320] We got a phone call from the opposing council, the lawyer, and he left me a message and specifically
[54:41.320 --> 54:50.800] said that they would like to settle and stated word for word that the opposing council said
[54:50.800 --> 54:56.320] my client, the bank, is willing to bend over backwards, which I thought was ironic.
[54:56.320 --> 55:03.320] So that happened today and I discussed with my lawyer what we're going to do next week,
[55:03.320 --> 55:06.440] but I want to get a couple of clarifications.
[55:06.440 --> 55:09.880] I understand the strong points and the weak points in my case.
[55:09.880 --> 55:15.000] I think I have a lot of elements in that, but I want to just discuss with you the two
[55:15.000 --> 55:20.320] elements that might be as questionable as can be, although he thinks it's likely that
[55:20.320 --> 55:23.880] I would probably win my appeal if it went against us.
[55:23.880 --> 55:28.200] Everything that he said concerning the weakness or doubts or questions in my case, everything
[55:28.200 --> 55:32.520] that I said when I refuted it, he agrees 100% with me and I think that we're heading in
[55:32.520 --> 55:33.520] the right direction.
[55:33.520 --> 55:34.520] I think we're just fine.
[55:34.520 --> 55:35.520] But I just want to-
[55:35.520 --> 55:36.520] Okay.
[55:36.520 --> 55:37.520] Hold on.
[55:37.520 --> 55:38.520] Let me ask some questions.
[55:38.520 --> 55:40.480] Yeah, I just want to cover two quick points.
[55:40.480 --> 55:41.480] Go ahead.
[55:41.480 --> 55:45.320] How much- what is the fair market value of the property?
[55:45.320 --> 55:52.520] Depending on who you talk, I don't know, maybe two and a quarter right now, 225,000.
[55:52.520 --> 55:53.640] Okay.
[55:53.640 --> 55:57.960] How much does the bank claim you owe against it?
[55:57.960 --> 56:01.240] Well, the original was 171 by the time-
[56:01.240 --> 56:04.520] What's the payoff amount now?
[56:04.520 --> 56:13.000] I would estimate probably 350 maybe upwards to closer to four maybe in that area because
[56:13.000 --> 56:18.840] you know how they get exorbitant with their fees and all.
[56:18.840 --> 56:19.840] Okay.
[56:19.840 --> 56:29.160] Do you know how to- do you know what the amount the bank is claiming is owed against it absent
[56:29.160 --> 56:32.440] all of their lawyer fees and lay fees and all of their-
[56:32.440 --> 56:37.800] Well, the original loan was 171 but I'm not even so concerned with that right now.
[56:37.800 --> 56:43.640] But what I- because my position is that the conditions that I want to not proceed with
[56:43.640 --> 56:50.360] trial is one, I want the mortgage to be zeroed out and we can talk about that if you like.
[56:50.360 --> 56:56.000] But the other thing I want to ask for legal fees as well as a client title, the one thing
[56:56.000 --> 57:00.440] that I want to have a question about concerning that and that's what I wanted to ask you about
[57:00.440 --> 57:04.360] is about the truth in lending after decision notice?
[57:04.360 --> 57:05.360] Yes.
[57:05.360 --> 57:06.360] Okay.
[57:06.360 --> 57:10.760] Now, according to the- you know, this is what I'm going to ask you about because he- some
[57:10.760 --> 57:14.800] things that he said, let me do a couple of questions that I would like to ask you concerning
[57:14.800 --> 57:19.920] that specifically because that's going to be one of my elements that I'd like to incorporate
[57:19.920 --> 57:22.800] with the- when we go next Wednesday.
[57:22.800 --> 57:23.800] Okay.
[57:23.800 --> 57:24.800] Hold on.
[57:24.800 --> 57:25.800] How old is your mortgage?
[57:25.800 --> 57:31.160] Well, it's funny you would say that because that's what he was getting at.
[57:31.160 --> 57:36.400] America's Wholesale Lender, you've heard them before, 2007, February 2007.
[57:36.400 --> 57:37.400] Okay.
[57:37.400 --> 57:39.080] You'll be on- okay.
[57:39.080 --> 57:41.080] What is your TILA claim?
[57:41.080 --> 57:43.120] Well, he-
[57:43.120 --> 57:47.080] Let me- yeah, let me re-ask the question.
[57:47.080 --> 57:50.640] Does the TILA claim involve the origination of the note?
[57:50.640 --> 57:56.400] I'll tell you what, I sent the decision notice out two days ago.
[57:56.400 --> 57:57.400] Would you like me to-
[57:57.400 --> 57:58.400] No, wait.
[57:58.400 --> 57:59.400] Question.
[57:59.400 --> 58:00.400] Question.
[58:00.400 --> 58:01.400] TILA claim.
[58:01.400 --> 58:07.160] Does the TILA claim go to the origination of the note or does it go to something after?
[58:07.160 --> 58:12.440] It goes to the refinance of the loan which happened in 2007.
[58:12.440 --> 58:13.920] Oh, 2007.
[58:13.920 --> 58:14.920] Too old.
[58:14.920 --> 58:17.120] You can't claim the TILA this late.
[58:17.120 --> 58:18.120] Hang on.
[58:18.120 --> 58:19.120] Randy Kelton, Louisville.
[58:19.120 --> 58:26.000] Radio, a call-in number, 512-646-1984, we'll be right back.
[58:26.000 --> 58:33.200] Actually, we'll be back, sorry, I'm a little ahead of myself, it's 25 seconds, so it's
[58:33.200 --> 58:38.680] the top of the hour, so it's a good time to go check out our sponsors and everybody needs
[58:38.680 --> 58:42.960] jurisdiction area, so do all of that and we'll all be happy and we'll be able to support
[58:42.960 --> 58:43.960] this network.
[58:43.960 --> 58:50.440] We'll be right back.
[58:50.440 --> 58:54.580] Would you like to make more definite progress in your walk with God?
[58:54.580 --> 58:59.760] Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.760 --> 59:01.100] can really help.
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[59:05.560 --> 59:06.560] today.
[59:06.560 --> 59:10.460] It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.460 --> 59:13.560] to know God and to know the meaning of life.
[59:13.560 --> 59:18.820] The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.820 --> 59:23.080] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.080 --> 59:28.000] of salvation, growing in Christ and how to build up the church.
[59:28.000 --> 59:33.040] To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:33.040 --> 59:40.800] Life, call Bibles for America toll free at 888-551-0102.
[59:40.800 --> 59:48.560] That's 888-551-0102 or visit us online at bfa.org.
[59:48.560 --> 01:00:00.640] You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.640 --> 01:00:05.840] The following newsflash is brought to you by the Lone Star Lowdown, providing the daily
[01:00:05.840 --> 01:00:13.440] bulletins for the commodities market, today in history, news updates, and the inside scoop
[01:00:13.440 --> 01:00:21.160] into the tides of the alternative.
[01:00:21.160 --> 01:00:25.360] Markets for Thursday, the 11th of February, 2016, are currently treading with gold at
[01:00:25.360 --> 01:00:35.000] $1,246.26 an ounce, silver, $15.76 an ounce, Texas crude, $27.45 a barrel, and Bitcoin
[01:00:35.000 --> 01:00:43.640] is currently sitting at about $376 U.S. currency.
[01:00:43.640 --> 01:00:49.680] Today in history, Monday, February 11, 1929, Vatican City is made the enclave or a city
[01:00:49.680 --> 01:00:53.560] state within another state of Rome via the Lateran Treaty.
[01:00:53.560 --> 01:00:58.400] The Prime Minister of Italy at the time, Benito Mussolini, agreed to giving the Catholic Church
[01:00:58.400 --> 01:01:06.880] financial support in return for public support from the Pope at the time.
[01:01:06.880 --> 01:01:11.360] In recent news, the four remaining ranchers, Jeff Banta, Shawn Anderson, Sandy Anderson,
[01:01:11.360 --> 01:01:15.400] and David Frye, at the Malheur National Wildlife Refuge in Oregon, who took control of the
[01:01:15.400 --> 01:01:20.200] then empty refuge 250 miles from Portland on January 2nd, demanding the return of the
[01:01:20.200 --> 01:01:24.160] lands taken by the Bureau of Land Management and the pardoning of the two ranchers committed
[01:01:24.160 --> 01:01:28.880] of terrorism for setting controlled fires which spread to BLM lands, finally surrendered
[01:01:28.880 --> 01:01:32.160] this morning after hours of negotiations with mediators.
[01:01:32.160 --> 01:01:36.440] The occupation came to an abrupt end as Frye, the last to leave, threatened suicide on a
[01:01:36.440 --> 01:01:41.000] livestreamed conversation with Liberty activist Gavin Siem and conservative radio host Chris
[01:01:41.000 --> 01:01:42.000] Ann Hall.
[01:01:42.000 --> 01:01:46.560] A phone call Wednesday night between the protesters and the negotiators was also livestreamed
[01:01:46.560 --> 01:01:52.440] and is available online.
[01:01:52.440 --> 01:01:56.960] A jury in Estelle County, New York, convicted James Ryan today on 10 of 13 counts of vehicular
[01:01:56.960 --> 01:02:01.520] manslaughter, criminally negligent homicide, and other charges and acquitted him of the
[01:02:01.520 --> 01:02:04.400] top charge of aggravated vehicular homicide.
[01:02:04.400 --> 01:02:08.280] He now faces up to 15 years in prison when he is sentenced next month because his reckless
[01:02:08.280 --> 01:02:12.120] driving, prosecutors say, caused a chain reaction crash.
[01:02:12.120 --> 01:02:16.480] Apparently Ryan's Toyota hit a BMW on the Long Island Expressway and then was hit by
[01:02:16.480 --> 01:02:17.480] another car.
[01:02:17.480 --> 01:02:22.160] A few minutes later, an SUV smashed into Ryan's car before fatally hitting a New York police
[01:02:22.160 --> 01:02:27.320] officer.
[01:02:27.320 --> 01:02:30.040] The results for the New Hampshire primary are as follows.
[01:02:30.040 --> 01:02:34.360] For the Republicans, Donald Trump won with 10 delegates or 35.3% of the vote.
[01:02:34.360 --> 01:02:37.920] Doug Kasich was next with four delegates and 15.8% of the vote.
[01:02:37.920 --> 01:02:42.400] Ted Cruz, three delegates and 11.7% of the vote, followed finally by George Bush with
[01:02:42.400 --> 01:02:47.480] three delegates, 11%, and Mark Rubio with three delegates, 10.6%.
[01:02:47.480 --> 01:02:51.800] For the Democrats, Bernie Sanders won 60.4% or 15 delegates.
[01:02:51.800 --> 01:02:55.000] Hillary Clinton only got 38% or nine delegates.
[01:03:21.800 --> 01:03:51.760] The reason I was asking you so many questions, Tony, is if you've got the time, you've got
[01:03:51.760 --> 01:04:00.120] the bank willing to deal out, I would seriously consider that because I've been doing this
[01:04:00.120 --> 01:04:10.680] a long time and 99% of all of the people who file against the banks lose.
[01:04:10.680 --> 01:04:16.840] Facts don't seem to matter one iota, they lose.
[01:04:16.840 --> 01:04:24.240] So if you have the bank saying they'll bend over backwards to make a deal, because they
[01:04:24.240 --> 01:04:27.800] pretty well know that no matter what happens, you're going to keep them in court till they
[01:04:27.800 --> 01:04:29.960] get old.
[01:04:29.960 --> 01:04:32.600] I would seriously consider a deal.
[01:04:32.600 --> 01:04:41.480] Have you ever sat down and wrote down on a piece of paper what an equitable outcome for
[01:04:41.480 --> 01:04:42.480] you would be?
[01:04:42.480 --> 01:04:47.280] Yes, I have.
[01:04:47.280 --> 01:04:48.280] Now that-
[01:04:48.280 --> 01:04:49.280] What do you-
[01:04:49.280 --> 01:04:50.280] With time, though.
[01:04:50.280 --> 01:04:51.280] Okay.
[01:04:51.280 --> 01:04:52.280] Go ahead.
[01:04:52.280 --> 01:04:57.960] In other words, right now, with the tiller notice, and we'll get into that in a second,
[01:04:57.960 --> 01:05:01.000] I already know what I'm going to ask for next week.
[01:05:01.000 --> 01:05:07.440] I want a quiet title, I want the mortgage zeroed out, and I want the consideration I
[01:05:07.440 --> 01:05:12.320] paid in the mortgage because of the tiller and the legal fees paid.
[01:05:12.320 --> 01:05:14.960] If not, I'm prepared to proceed for trial.
[01:05:14.960 --> 01:05:19.280] My lawyer already knew when they told him before he even talked to me, he says I already
[01:05:19.280 --> 01:05:21.160] know what he probably wants to do.
[01:05:21.160 --> 01:05:24.320] And furthermore, I already talked to the guy, he's a sharp lawyer, I'm very fortunate to
[01:05:24.320 --> 01:05:25.320] have him.
[01:05:25.320 --> 01:05:29.600] And by the way, I want to thank you because he came through Lesley, okay?
[01:05:29.600 --> 01:05:31.640] And very capable guy.
[01:05:31.640 --> 01:05:39.680] In fact, I will tell you that when the- they've already attempted to summary judgment, as
[01:05:39.680 --> 01:05:41.880] you know they would do.
[01:05:41.880 --> 01:05:47.800] And back in September, the judge only took two weeks to consider that decision and denied
[01:05:47.800 --> 01:05:48.800] it.
[01:05:48.800 --> 01:05:53.560] And she simply said that it's ordered and decreed that genuine issues of material facts
[01:05:53.560 --> 01:05:56.600] subject to discovery remain and motion is denied.
[01:05:56.600 --> 01:05:59.000] So they still have to answer these questions.
[01:05:59.000 --> 01:06:04.160] He sent them 41 pages of discovery questions, and he let the courts know, and it's in the
[01:06:04.160 --> 01:06:08.160] record that this is his third attempt to gain answers to these questions.
[01:06:08.160 --> 01:06:12.560] And the judge has already acknowledged that there's material fact in what he's brought
[01:06:12.560 --> 01:06:13.560] up.
[01:06:13.560 --> 01:06:14.560] Okay, hold on.
[01:06:14.560 --> 01:06:17.960] Did the judge give them a time limit to answer these questions?
[01:06:17.960 --> 01:06:22.040] Well, it's funny you would say that because they never have the timeframes, but we do
[01:06:22.040 --> 01:06:23.040] as the citizens.
[01:06:23.040 --> 01:06:24.040] You know how that works.
[01:06:24.040 --> 01:06:29.880] Yeah, well, generally when a judge says they have to respond to discovery, they generally
[01:06:29.880 --> 01:06:30.880] set a time.
[01:06:30.880 --> 01:06:36.480] Well, I will tell you this, that decision, they- what I'm fortunate for, you may not
[01:06:36.480 --> 01:06:42.880] remember this, Randy, but I'll go back and I told you that the judge that spearheaded
[01:06:42.880 --> 01:06:47.640] the loan modification program in Philadelphia, and we're not going to waste time and talk
[01:06:47.640 --> 01:06:50.240] about what that loan modification really is.
[01:06:50.240 --> 01:06:55.080] But the fact is the judge who- one of her biggest accolades was that she spearheaded
[01:06:55.080 --> 01:06:56.440] that program.
[01:06:56.440 --> 01:07:01.280] She resigned mysteriously last year, the day after Thanksgiving, after 16 years.
[01:07:01.280 --> 01:07:04.060] You probably don't recall that, but she did.
[01:07:04.060 --> 01:07:07.880] And now I got this judge, I'm very fortunate, she seems to get it a little bit.
[01:07:07.880 --> 01:07:12.880] Well, it's a good thing if you got a judge that seems to get it.
[01:07:12.880 --> 01:07:13.880] Well, exactly.
[01:07:13.880 --> 01:07:19.080] So that being said, so where I see the witnesses in my case, I want to just ask you a couple
[01:07:19.080 --> 01:07:20.560] of quick questions regarding that.
[01:07:20.560 --> 01:07:21.560] Okay.
[01:07:21.560 --> 01:07:22.560] So let's get to TILA.
[01:07:22.560 --> 01:07:27.000] Now, the reason I believe TILA exists here, and I did speak with Leslie about this before
[01:07:27.000 --> 01:07:33.680] as well, America's Wholesale Lender, this loan was- this was a refunded back in 2007.
[01:07:33.680 --> 01:07:39.440] We already know for a fact that they- I believe they became licensed in 2010.
[01:07:39.440 --> 01:07:40.440] They weren't even-
[01:07:40.440 --> 01:07:41.440] Wait a minute.
[01:07:41.440 --> 01:07:42.440] Wait a minute.
[01:07:42.440 --> 01:07:43.440] Wait a minute.
[01:07:43.440 --> 01:07:48.040] America's Wholesale Lenders as a mortgage lending company never existed ever.
[01:07:48.040 --> 01:07:49.040] Okay.
[01:07:49.040 --> 01:07:58.160] In 2010, there was a set of corporate papers filed under mortgage wholesale lenders.
[01:07:58.160 --> 01:08:02.040] But this was a bunch of guys that figured out that mortgage wholesale lenders didn't
[01:08:02.040 --> 01:08:05.400] exist, and they went and filed it.
[01:08:05.400 --> 01:08:10.160] And then they had people send in their mortgage documents to these guys, and they were throwing
[01:08:10.160 --> 01:08:13.160] them in the trash.
[01:08:13.160 --> 01:08:16.480] Mortgage wholesale lenders was never registered.
[01:08:16.480 --> 01:08:22.840] They claimed to be registered in New York, incorporated in New York, and they were never
[01:08:22.840 --> 01:08:25.440] incorporated anywhere.
[01:08:25.440 --> 01:08:29.720] I thought they might have tried to redo that in 2010, but it was too late.
[01:08:29.720 --> 01:08:31.200] I wasn't sure.
[01:08:31.200 --> 01:08:37.000] These were some other guys that wasn't American Wholesale Lenders who filed the corporate
[01:08:37.000 --> 01:08:39.400] papers in that name.
[01:08:39.400 --> 01:08:47.160] And then their parent company, AmeriQuest, not AmeriQuest, Countrywide, Countrywide sued
[01:08:47.160 --> 01:08:49.400] these guys to try to get the name back.
[01:08:49.400 --> 01:08:50.400] Yeah.
[01:08:50.400 --> 01:08:51.400] Yeah.
[01:08:51.400 --> 01:08:52.400] Okay.
[01:08:52.400 --> 01:08:58.800] American Wholesale Lenders in Florida, a case in Florida, the courts said you were
[01:08:58.800 --> 01:09:05.520] never filed with, you never incorporated in New York, and you never filed in the state
[01:09:05.520 --> 01:09:10.280] of California to do business, so you can't do business here.
[01:09:10.280 --> 01:09:13.440] You have to give this man back all the money he gave you.
[01:09:13.440 --> 01:09:16.320] And they said, well, what about the warranty deed?
[01:09:16.320 --> 01:09:18.120] Well, you gave the warranty deed to him.
[01:09:18.120 --> 01:09:19.400] He gets to keep it.
[01:09:19.400 --> 01:09:20.400] So the guy got everything.
[01:09:20.400 --> 01:09:27.920] So that being said, I just sent two days ago the Attila rescission notice.
[01:09:27.920 --> 01:09:28.920] Okay.
[01:09:28.920 --> 01:09:32.100] It names America's Wholesale Lenders specifically.
[01:09:32.100 --> 01:09:33.840] If you want, I'll read it to you just three paragraphs.
[01:09:33.840 --> 01:09:42.320] But the bottom line is we're using 15 U.S.C. 1635, Regulation Z 226.23.
[01:09:42.320 --> 01:09:43.320] Okay.
[01:09:43.320 --> 01:09:48.800] I hope you don't think I have that one memorized.
[01:09:48.800 --> 01:09:51.600] Well, again, you want me to read it?
[01:09:51.600 --> 01:09:52.600] Yeah.
[01:09:52.600 --> 01:09:53.600] All right.
[01:09:53.600 --> 01:09:54.600] Real quick.
[01:09:54.600 --> 01:09:55.600] All right.
[01:09:55.600 --> 01:10:02.160] I am writing to you about the above-reference loan transaction, which I enter into with
[01:10:02.160 --> 01:10:05.680] America's Wholesale Lender, on or about 220107.
[01:10:05.680 --> 01:10:09.120] Please be advised that I hereby rescind the transaction pursuant to the Federal Truth
[01:10:09.120 --> 01:10:15.160] in Lending Act, 15 U.S.C. 1635, Regulation Z 226.23.
[01:10:15.160 --> 01:10:19.160] I am entitled to rescind the loan because required material disclosures were not provided
[01:10:19.160 --> 01:10:21.340] or were provided incorrectly.
[01:10:21.340 --> 01:10:25.360] If you are the servicer of the loan or another agent of the holder, please follow this notice
[01:10:25.360 --> 01:10:27.240] to the holder of the note and mortgage.
[01:10:27.240 --> 01:10:30.520] Please let me know right away if you are neither the holder nor the servicer.
[01:10:30.520 --> 01:10:34.160] The security interest granted as part of this transaction is void upon your receipt of this
[01:10:34.160 --> 01:10:41.320] letter by operation of law, C15 U.S.C. 1635, Regulation Z 226.23.
[01:10:41.320 --> 01:10:45.000] Pursuant to the regulation, the holder of the security interest has 20 days after receiving
[01:10:45.000 --> 01:10:50.640] this notice of rescindion to return to me all monies paid and to take action necessary
[01:10:50.640 --> 01:10:54.320] or appropriate to reflect termination of the security interest.
[01:10:54.320 --> 01:10:58.160] Please be advised that if the security interest is not canceled and if all the consideration
[01:10:58.160 --> 01:11:02.600] I paid is not returned to me as required by law, I will have no choice but to seek actual
[01:11:02.600 --> 01:11:08.640] and statutory damages pursuant to 15 U.S.C. 1640A and then, you know, notify me writing
[01:11:08.640 --> 01:11:10.440] that it's been canceled, basically.
[01:11:10.440 --> 01:11:11.440] Okay.
[01:11:11.440 --> 01:11:13.920] When did you file this?
[01:11:13.920 --> 01:11:17.960] I mailed that myself, certified two days ago.
[01:11:17.960 --> 01:11:20.160] Oh, okay.
[01:11:20.160 --> 01:11:21.520] So they still got...
[01:11:21.520 --> 01:11:27.280] I sent it to the most current servicer and that's what that language, as you well know,
[01:11:27.280 --> 01:11:28.280] is about.
[01:11:28.280 --> 01:11:29.280] Yes.
[01:11:29.280 --> 01:11:30.280] Yes.
[01:11:30.280 --> 01:11:31.280] My loan was transferred seven times, Randy.
[01:11:31.280 --> 01:11:38.720] Have you had anybody do an analysis of the documents in the public record?
[01:11:38.720 --> 01:11:42.360] You mean like a forensic examination or something?
[01:11:42.360 --> 01:11:49.240] Well, I'm not talking about a securities analysis, but just an analysis of the documentation.
[01:11:49.240 --> 01:11:56.000] Who filed what when and was the filer in existence when they filed?
[01:11:56.000 --> 01:11:59.400] Did the filer have authority to file?
[01:11:59.400 --> 01:12:03.200] There's lots of claims you could have in there.
[01:12:03.200 --> 01:12:07.080] The only thing that I've done regarding that, Randy, is that I looked up online and I found
[01:12:07.080 --> 01:12:09.760] that the loan was transferred seven times and that was new information.
[01:12:09.760 --> 01:12:12.920] I never knew that ever, you know, seven times the loan was transferred.
[01:12:12.920 --> 01:12:13.920] Okay.
[01:12:13.920 --> 01:12:17.360] I am concerned with the things you're telling me.
[01:12:17.360 --> 01:12:18.360] Okay.
[01:12:18.360 --> 01:12:22.640] You're saying that the loan was transferred seven times.
[01:12:22.640 --> 01:12:23.640] Yes.
[01:12:23.640 --> 01:12:28.640] I'm not sure what that means and let me explain why.
[01:12:28.640 --> 01:12:30.040] Okay.
[01:12:30.040 --> 01:12:35.240] Because it's sometimes unclear what was actually transferred.
[01:12:35.240 --> 01:12:43.760] For the most part, there's nothing in public that tells you if the loan was transferred.
[01:12:43.760 --> 01:12:51.520] Most of what you see when you see these assignments is what's actually being transferred are the
[01:12:51.520 --> 01:12:54.840] servicing rights.
[01:12:54.840 --> 01:12:59.080] The note and the security instrument are under there somewhere.
[01:12:59.080 --> 01:13:03.760] Even if the people doing this, they may or may not know who holds them.
[01:13:03.760 --> 01:13:09.240] What they're really transferring is the servicing rights.
[01:13:09.240 --> 01:13:13.920] When all of this stuff about securitization, do you understand how that works?
[01:13:13.920 --> 01:13:14.920] Well, I do.
[01:13:14.920 --> 01:13:17.120] It's funny you mention that because I actually wanted to bring it up.
[01:13:17.120 --> 01:13:18.800] I understand the process of that.
[01:13:18.800 --> 01:13:19.800] Okay.
[01:13:19.800 --> 01:13:20.800] Hold up.
[01:13:20.800 --> 01:13:23.000] It's real easy to get that in perspective.
[01:13:23.000 --> 01:13:25.320] That's factoring.
[01:13:25.320 --> 01:13:28.280] Nobody ever sold a note.
[01:13:28.280 --> 01:13:31.000] It wasn't the note that was sold.
[01:13:31.000 --> 01:13:35.160] It was the right to collect the income on the note, just like if you have a company
[01:13:35.160 --> 01:13:37.160] and you have all these accounts receivables.
[01:13:37.160 --> 01:13:41.320] You got a lot of accounts receivables, you don't have any money.
[01:13:41.320 --> 01:13:43.960] So you go to the bank and say, I got all these accounts receivables.
[01:13:43.960 --> 01:13:49.760] Will you buy the receivables from me?
[01:13:49.760 --> 01:13:52.120] And then when the payment comes in, it goes to them.
[01:13:52.120 --> 01:13:53.500] That's what securitization is.
[01:13:53.500 --> 01:13:58.200] So the note never really sells to these guys.
[01:13:58.200 --> 01:14:02.440] The right to collect payment, that's what goes into the trust.
[01:14:02.440 --> 01:14:07.060] And that's why everybody fighting those issues are getting hammered so bad.
[01:14:07.060 --> 01:14:13.080] So the note itself and the deed of trust.
[01:14:13.080 --> 01:14:20.840] Most states have a statute that's similar to 13.001 Texas government, Texas property
[01:14:20.840 --> 01:14:21.840] code.
[01:14:21.840 --> 01:14:28.920] And this is what it says, any claim against real property, not properly acknowledged or
[01:14:28.920 --> 01:14:33.680] proven and filed in the public record is void as to the holder.
[01:14:33.680 --> 01:14:38.120] You have one similar in Pennsylvania.
[01:14:38.120 --> 01:14:47.520] So that is really, really important because I don't care who holds what.
[01:14:47.520 --> 01:14:54.480] If you can't show by the public record, a complete chain of title in the public record,
[01:14:54.480 --> 01:15:02.040] bringing that title to you, you wipe your behind with your claim because you can't bring
[01:15:02.040 --> 01:15:03.040] it to the court.
[01:15:03.040 --> 01:15:08.200] That's why you really need to look close at what you find in the public record.
[01:15:08.200 --> 01:15:11.120] You won't believe the garbage you find in there.
[01:15:11.120 --> 01:15:21.000] I just found one where Chase Bank filed a notice of lost assignment and he put in here,
[01:15:21.000 --> 01:15:26.240] we got this secure walk in Louisiana and I went through the whole thing and I couldn't
[01:15:26.240 --> 01:15:28.120] find that thing anywhere.
[01:15:28.120 --> 01:15:32.040] Three days later, he files an assignment to somebody else.
[01:15:32.040 --> 01:15:39.400] Duh, you just said you don't hold it and then you assigned it.
[01:15:39.400 --> 01:15:43.480] So that was statutory admission that they have no standard.
[01:15:43.480 --> 01:15:46.800] You'll find the most incredible garbage in there.
[01:15:46.800 --> 01:15:49.360] You should look real close at that.
[01:15:49.360 --> 01:15:51.440] That should be the first thing you do.
[01:15:51.440 --> 01:15:58.960] Well, I did, when I started this whole journey, Randy, the first thing I did, I went downtown,
[01:15:58.960 --> 01:16:02.320] I got a copy of every document against my title.
[01:16:02.320 --> 01:16:03.320] Okay.
[01:16:03.320 --> 01:16:05.120] Who is the original lender?
[01:16:05.120 --> 01:16:06.120] Okay.
[01:16:06.120 --> 01:16:07.840] The original lender was American Wholesale Lenders?
[01:16:07.840 --> 01:16:13.200] Yeah, they're the ones and then I found out that they turned it over to Countrywide immediately.
[01:16:13.200 --> 01:16:17.360] Yeah, because Countrywide was the real company.
[01:16:17.360 --> 01:16:19.080] In addition to American Wholesale Lenders.
[01:16:19.080 --> 01:16:25.360] American Wholesale Lenders was a DBA for Countrywide and this is where they got into trouble because
[01:16:25.360 --> 01:16:28.440] Countrywide never actually existed.
[01:16:28.440 --> 01:16:29.440] Hang on.
[01:16:29.440 --> 01:16:36.400] Randy Kelton, Roosevelt Radio, I'll call it number 512-646-1984.
[01:16:36.400 --> 01:16:37.400] Give us a call.
[01:16:37.400 --> 01:16:39.840] We've got three more segments.
[01:16:39.840 --> 01:16:44.320] We'll try to get to everybody and go check out our sponsors.
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[01:19:23.560 --> 01:19:30.120] Okay we are back, Randy Kelton with our radio and I'm going to shut up now and let you frame
[01:19:30.120 --> 01:19:31.120] your issue.
[01:19:31.120 --> 01:19:33.280] I've been interrupting you this whole time.
[01:19:33.280 --> 01:19:39.020] Thank you Randy because like I said before, last year there was a specifically America's
[01:19:39.020 --> 01:19:44.840] Wholesale Lender case in North Jersey that was ruled almost, this is basically identical
[01:19:44.840 --> 01:19:45.840] to my case.
[01:19:45.840 --> 01:19:50.080] In addition to the America's Wholesale Lender, I got the MERS issue as well and that's the
[01:19:50.080 --> 01:19:53.440] only other question regarding that is the Attila and the MERS.
[01:19:53.440 --> 01:19:58.280] But there was a case last year in North Jersey that was awarded, this guy, I don't know he
[01:19:58.280 --> 01:20:02.800] had like a half million dollar mortgage, whatever the case was, America's Wholesale Lender,
[01:20:02.800 --> 01:20:05.400] he made like one payment or something.
[01:20:05.400 --> 01:20:10.840] They gave him, they zeroed out his mortgage, quiet titled and gave him all the monies that
[01:20:10.840 --> 01:20:15.320] he paid back in the loan which I heard you say and I think that's the answer to my question
[01:20:15.320 --> 01:20:19.560] meaning that that was the last element I want to ask for which is my monies paid on the
[01:20:19.560 --> 01:20:21.560] mortgage back.
[01:20:21.560 --> 01:20:31.560] Okay, that is a straight up requirement and the real issue in Jasenowski, the recent Supreme
[01:20:31.560 --> 01:20:40.840] Court case was that the bank claimed that the borrower had to tender first and the Jasenowski
[01:20:40.840 --> 01:20:45.000] case said no, the bank has to tender first, so the bank has to give you all the money
[01:20:45.000 --> 01:20:54.920] you paid them back first, then you have to tender the property back to them unless what
[01:20:54.920 --> 01:21:00.280] they give you is enough to offset the value of the property.
[01:21:00.280 --> 01:21:03.160] Go ahead.
[01:21:03.160 --> 01:21:12.400] Yeah, I heard that, that little twist at the end there.
[01:21:12.400 --> 01:21:16.640] These parties have to tender.
[01:21:16.640 --> 01:21:22.800] You tender to them what they gave you, they tender to you what you gave them.
[01:21:22.800 --> 01:21:27.080] Did Jasenowski keep that property then?
[01:21:27.080 --> 01:21:32.440] I don't know what happened in Jasenowski.
[01:21:32.440 --> 01:21:38.000] I didn't hear, you know, I don't know what their equity range was and it depends on how
[01:21:38.000 --> 01:21:42.680] much equity you have and it depends on whether you want to keep the property or not.
[01:21:42.680 --> 01:21:47.000] Yeah, but what I'm asking you, Randy, is are you telling me that with that decision that
[01:21:47.000 --> 01:21:51.000] he got, he's supposed to give that property back to that bank?
[01:21:51.000 --> 01:21:52.000] Absolutely.
[01:21:52.000 --> 01:21:53.000] Oh, real?
[01:21:53.000 --> 01:22:00.680] Oh yeah, he gets all his money back, but he gets back what he gave to the bank, the bank
[01:22:00.680 --> 01:22:07.080] gets back what they gave to you.
[01:22:07.080 --> 01:22:11.960] But at the same time, I talked to my lawyer about a quiet title, he thinks I have a pretty
[01:22:11.960 --> 01:22:14.000] decent chance to get that.
[01:22:14.000 --> 01:22:16.720] He won't have to help you.
[01:22:16.720 --> 01:22:19.200] He told me he's likely to win my case in appeal.
[01:22:19.200 --> 01:22:25.560] It won't help because you'll still have the note out there.
[01:22:25.560 --> 01:22:35.840] But the note was signed by a woman who is deposed in 2012 as the never signing a promissory
[01:22:35.840 --> 01:22:38.520] note ever and that's forgery.
[01:22:38.520 --> 01:22:39.520] Okay.
[01:22:39.520 --> 01:22:47.720] And it was notarized by a woman who has an office in California and I think that's against
[01:22:47.720 --> 01:22:53.240] the law and another counter forgery to even try to notarize a document out of state, correct?
[01:22:53.240 --> 01:22:55.760] Did you adjudicate those issues?
[01:22:55.760 --> 01:23:01.400] No, my feeling was to go forth with this case, let the litigation get over with and start
[01:23:01.400 --> 01:23:03.400] filing charges.
[01:23:03.400 --> 01:23:07.040] Well, you're likely to get it.
[01:23:07.040 --> 01:23:08.040] Okay, wait a minute.
[01:23:08.040 --> 01:23:13.480] What is your claim at the moment?
[01:23:13.480 --> 01:23:17.640] That this mortgage is illegal, that America's-
[01:23:17.640 --> 01:23:18.640] No, no, no, no.
[01:23:18.640 --> 01:23:22.800] I'm really wanting something more specific.
[01:23:22.800 --> 01:23:28.080] Well, I think that I'm entitled to get this mortgage went down.
[01:23:28.080 --> 01:23:29.880] That wasn't my question.
[01:23:29.880 --> 01:23:30.880] Okay.
[01:23:30.880 --> 01:23:38.400] What is the claim that you made against the lender, cause of action?
[01:23:38.400 --> 01:23:41.240] Well, they brought me to court.
[01:23:41.240 --> 01:23:43.760] I didn't make a claim against them, they came to me.
[01:23:43.760 --> 01:23:44.760] Okay.
[01:23:44.760 --> 01:23:49.760] So what was your, in your, okay, they sued you for foreclosure?
[01:23:49.760 --> 01:23:50.760] Yes.
[01:23:50.760 --> 01:23:53.480] Did you make a counterclaim?
[01:23:53.480 --> 01:23:57.240] Yeah, exactly, yes.
[01:23:57.240 --> 01:23:58.240] What was the counterclaim?
[01:23:58.240 --> 01:24:04.000] That's where the 41 pages, and we put in the discovery, 41 pages of discovery, and what
[01:24:04.000 --> 01:24:07.920] my plan has been all along, Randy, I'm in this for the long haul, and the reason I'm
[01:24:07.920 --> 01:24:12.080] in this for the long haul is to create case law for people, to make it easier for them,
[01:24:12.080 --> 01:24:14.800] because this is about right versus wrong.
[01:24:14.800 --> 01:24:21.560] And so 41 page discovery, my lawyer brought up in the summary judgment that was denied
[01:24:21.560 --> 01:24:25.680] that he's already come to them two times earlier with this information.
[01:24:25.680 --> 01:24:29.640] So at this point, when the trial starts, they have got to start answering, I told you this,
[01:24:29.640 --> 01:24:33.680] the judge has already said that genuine issues of material effect, they've got to start
[01:24:33.680 --> 01:24:34.680] answering my questions.
[01:24:34.680 --> 01:24:38.880] And when they start answering questions, that's evidence, it's going to broaden forgery, almost
[01:24:38.880 --> 01:24:40.520] every single thing that they say.
[01:24:40.520 --> 01:24:41.520] Okay.
[01:24:41.520 --> 01:24:45.960] Wait a minute, then why are you calling me?
[01:24:45.960 --> 01:24:52.440] Well, because I wanted to know about the TILA, my lawyer had some questions about that, or
[01:24:52.440 --> 01:24:57.160] he led me to have some questions about that to where I wanted to find out.
[01:24:57.160 --> 01:24:59.080] You've already answered that for me.
[01:24:59.080 --> 01:25:04.360] And I do recall that the other issue concerning Merce, I've seen some adverse rulings, you
[01:25:04.360 --> 01:25:08.440] know, and by the way, I don't know if I mentioned to you, member Nancy Becker?
[01:25:08.440 --> 01:25:09.440] No.
[01:25:09.440 --> 01:25:13.000] Do you remember her, the Montgomery County Recorder of Deeds?
[01:25:13.000 --> 01:25:16.200] Oh, yeah, I remember that, yes.
[01:25:16.200 --> 01:25:21.000] Well she was, I just found out today, she was voted out of office.
[01:25:21.000 --> 01:25:23.400] Is that right?
[01:25:23.400 --> 01:25:24.720] Yeah.
[01:25:24.720 --> 01:25:28.560] After winning that big a deal, she gets out of office, that is nuts.
[01:25:28.560 --> 01:25:34.200] Well, they, the, I don't know if you know that other lawsuit, she got ruled against
[01:25:34.200 --> 01:25:35.200] by the way.
[01:25:35.200 --> 01:25:39.600] And coincidentally, you know who ruled against her?
[01:25:39.600 --> 01:25:41.600] Donald Trump's sister.
[01:25:41.600 --> 01:25:48.240] Well, that's okay, that's yeah, okay, that's not surprising.
[01:25:48.240 --> 01:25:54.480] Well, that being said, my question, but I did notice that too, I saw a paralegal talked
[01:25:54.480 --> 01:25:58.320] about that case and others, the one in Dallas, that they went about it the wrong way and
[01:25:58.320 --> 01:25:59.320] the kind of thing.
[01:25:59.320 --> 01:26:03.880] But they also believe, like I'm telling you, that these lawsuits are going to start happening.
[01:26:03.880 --> 01:26:07.920] And even my lawyer, when I talked to him today, mentioned that there are two lawsuits on the
[01:26:07.920 --> 01:26:08.920] horizon.
[01:26:08.920 --> 01:26:11.720] One of them is JP Morgan Chase.
[01:26:11.720 --> 01:26:16.840] Okay, but you're not telling me anything.
[01:26:16.840 --> 01:26:22.480] What is, lawsuit on the horizon, it's probably 10,000 of those.
[01:26:22.480 --> 01:26:23.480] Something more specific.
[01:26:23.480 --> 01:26:24.480] That's somewhere.
[01:26:24.480 --> 01:26:25.480] Okay.
[01:26:25.480 --> 01:26:29.040] Even in your case, I have no idea what your case is about.
[01:26:29.040 --> 01:26:30.040] Right.
[01:26:30.040 --> 01:26:34.720] But to answer the one question, the other question was concerning the MRRS, these were
[01:26:34.720 --> 01:26:39.720] the weaknesses of what I discussed with him today in order to proceed forward.
[01:26:39.720 --> 01:26:45.040] And the other one was, I think you touched upon it last week, which was that, you know,
[01:26:45.040 --> 01:26:51.320] if they work around the MRRS issues and that's questionable, that I can always file a RICO
[01:26:51.320 --> 01:26:58.680] suit for the filing of false documents on my deed, correct?
[01:26:58.680 --> 01:27:01.040] RICO, maybe.
[01:27:01.040 --> 01:27:02.040] Yeah.
[01:27:02.040 --> 01:27:11.840] There may be a more direct way and you might, I'm not intimately familiar with Pennsylvania
[01:27:11.840 --> 01:27:12.840] law.
[01:27:12.840 --> 01:27:15.720] I'm somewhat familiar.
[01:27:15.720 --> 01:27:26.040] In Texas, we have a statute that says that any document filed in any public record that
[01:27:26.040 --> 01:27:31.140] is fraudulent is void.
[01:27:31.140 --> 01:27:33.560] Not voidable, but void.
[01:27:33.560 --> 01:27:40.880] We just talked to someone who lost an appeal because they argued that the document was
[01:27:40.880 --> 01:27:49.760] forged and argued for quiet title, but they did not argue that the document was void as
[01:27:49.760 --> 01:27:51.520] a matter of law.
[01:27:51.520 --> 01:27:57.480] And one of the dissenting judge indicated, had they made that argument, they'd have won
[01:27:57.480 --> 01:28:00.960] their case because the document was void.
[01:28:00.960 --> 01:28:02.040] They didn't argue it.
[01:28:02.040 --> 01:28:09.200] So if you have reason to believe this document is void, check the code, see if the code says
[01:28:09.200 --> 01:28:14.120] the fraudulent document is void, and if that's the case, do a quiet title action against
[01:28:14.120 --> 01:28:17.760] that document and have it removed from the record.
[01:28:17.760 --> 01:28:18.760] Okay.
[01:28:18.760 --> 01:28:23.120] Now, you got read as judicata.
[01:28:23.120 --> 01:28:32.720] Anyone who bases their standing on that document just got booted out the door.
[01:28:32.720 --> 01:28:33.720] Okay.
[01:28:33.720 --> 01:28:34.720] Okay.
[01:28:34.720 --> 01:28:35.720] Any other questions?
[01:28:35.720 --> 01:28:38.920] No, I think that covers it, Randy.
[01:28:38.920 --> 01:28:45.360] I do appreciate that, and oh, by the way, you were talking for a moment about the gold
[01:28:45.360 --> 01:28:46.360] and such.
[01:28:46.360 --> 01:28:54.240] If I'm not mistaken, just one question, wasn't gold in the 1929 depression, didn't they,
[01:28:54.240 --> 01:28:58.160] the government require that people turn their gold in, the hard assets that you were referring
[01:28:58.160 --> 01:28:59.160] to?
[01:28:59.160 --> 01:29:00.160] Yes.
[01:29:00.160 --> 01:29:05.720] So- Gold has been required to be turned in, silver
[01:29:05.720 --> 01:29:06.720] never has.
[01:29:06.720 --> 01:29:13.200] So if you get the hard assets like your guy was talking about, they might want them.
[01:29:13.200 --> 01:29:17.680] Yeah, I don't advocate gold.
[01:29:17.680 --> 01:29:19.800] Other hard assets, copper is a great one.
[01:29:19.800 --> 01:29:23.360] It's a little more, a little bulky, lead is a great one.
[01:29:23.360 --> 01:29:29.200] It's really bulky, but you don't have to worry about anybody stealing it.
[01:29:29.200 --> 01:29:33.000] That's why I said something hard.
[01:29:33.000 --> 01:29:34.000] I got you.
[01:29:34.000 --> 01:29:37.520] Yeah, there's other things that are hard other than gold.
[01:29:37.520 --> 01:29:41.760] Gold is a good way to maintain wealth, not a good way to gain it.
[01:29:41.760 --> 01:29:44.520] You look for a commodity that's going to increase in value.
[01:29:44.520 --> 01:29:50.840] Okay, we're about to take a break, and okay, where are we at?
[01:29:50.840 --> 01:29:55.400] Mark, we'll pick you up on the other side, Randy Kelton, Wheel of Law Radio, we'll be
[01:29:55.400 --> 01:30:02.400] right back.
[01:30:02.400 --> 01:30:06.560] Talk and Pepsi aren't the healthiest of drinks, but they recently got a tiny bit better by
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[01:31:22.520 --> 01:31:31.200] for StartPage.com, the world's most private search engine.
[01:31:31.200 --> 01:31:36.560] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.560 --> 01:31:38.720] The government says that fire brought it down.
[01:31:38.720 --> 01:31:43.440] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.440 --> 01:31:47.720] Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:31:47.720 --> 01:31:49.080] first responders are dying.
[01:31:49.080 --> 01:31:50.440] I'm not a conspiracy theorist.
[01:31:50.440 --> 01:31:51.440] I'm a structural engineer.
[01:31:51.440 --> 01:31:52.920] I'm a New York City correctional.
[01:31:52.920 --> 01:31:53.920] I'm an Air Force pilot.
[01:31:53.920 --> 01:31:55.600] I'm a father who lost his son.
[01:31:55.600 --> 01:31:58.200] We're Americans, and we deserve the truth.
[01:31:58.200 --> 01:32:00.440] Go to RememberBuilding7.org today.
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[01:32:59.040 --> 01:33:28.680] May not actually be kidding about Kim Trails.
[01:33:30.040 --> 01:33:35.040] Okay, we are back with Randy Kelton with the Radio, and Mark, I was going to take you,
[01:33:35.040 --> 01:33:42.920] but I've got someone in a felony case that's been denied counsel through the whole case.
[01:33:42.920 --> 01:33:48.200] This is a question of liberty, so if you don't mind, Mark, I'm going to take William in Idaho
[01:33:48.200 --> 01:33:49.200] first.
[01:33:49.200 --> 01:33:50.200] Hello, William.
[01:33:50.200 --> 01:33:51.200] Hi, Randy.
[01:33:51.200 --> 01:33:52.200] Howdy.
[01:33:52.200 --> 01:33:55.200] What do you have for us?
[01:33:55.200 --> 01:33:56.200] Okay.
[01:33:56.200 --> 01:34:02.480] Well, I've been trying to get a hold of you.
[01:34:02.480 --> 01:34:11.200] I've got, I've been through a long, long drag-out court process for this.
[01:34:11.200 --> 01:34:17.200] I think this is from like 2014 in June or July.
[01:34:17.200 --> 01:34:18.200] Okay.
[01:34:18.200 --> 01:34:20.200] What's the nature of the case?
[01:34:20.200 --> 01:34:27.200] Okay, it's a felony eluding on a motorcycle.
[01:34:27.200 --> 01:34:28.200] Wait a minute.
[01:34:28.200 --> 01:34:29.200] I'm having a little trouble.
[01:34:29.200 --> 01:34:30.200] Hold on.
[01:34:30.200 --> 01:34:31.200] Hold on.
[01:34:31.200 --> 01:34:32.200] Move the mic a little bit away from your mouth.
[01:34:32.200 --> 01:34:33.200] I'm having a little trouble understanding you.
[01:34:33.200 --> 01:34:34.200] Okay.
[01:34:34.200 --> 01:34:35.200] How's that?
[01:34:35.200 --> 01:34:36.200] That's better.
[01:34:36.200 --> 01:34:37.200] Is that better?
[01:34:37.200 --> 01:34:38.200] Okay.
[01:34:38.200 --> 01:34:41.200] So this is a felony eluding.
[01:34:41.200 --> 01:34:44.200] I actually, I sent your Randy.
[01:34:44.200 --> 01:34:45.200] Wait a minute.
[01:34:45.200 --> 01:34:46.200] Wait a minute.
[01:34:46.200 --> 01:34:47.200] Start again.
[01:34:47.200 --> 01:34:48.200] I didn't hear the first part.
[01:34:48.200 --> 01:34:50.200] A felony what?
[01:34:50.200 --> 01:34:56.200] Eluding, like eluding the police officer.
[01:34:56.200 --> 01:34:59.200] Wait a minute.
[01:34:59.200 --> 01:35:01.200] I couldn't understand that.
[01:35:01.200 --> 01:35:04.200] I'm going to change it.
[01:35:04.200 --> 01:35:05.200] How's this?
[01:35:05.200 --> 01:35:07.200] Is it any different?
[01:35:07.200 --> 01:35:10.200] Your voice sounds a little higher if you can understand it better.
[01:35:10.200 --> 01:35:13.200] A felony eluda?
[01:35:13.200 --> 01:35:19.200] Eluding, like running from a police officer.
[01:35:19.200 --> 01:35:20.200] Okay.
[01:35:20.200 --> 01:35:23.200] What occurred?
[01:35:23.200 --> 01:35:24.200] Okay.
[01:35:24.200 --> 01:35:32.200] So the basic issue I wanted to talk to you about, because this is a, I mean, we could
[01:35:32.200 --> 01:35:36.200] talk for days on all the different aspects and all the different things that they didn't
[01:35:36.200 --> 01:35:37.200] do or did do.
[01:35:37.200 --> 01:35:38.200] Okay.
[01:35:38.200 --> 01:35:40.200] Specifically that.
[01:35:40.200 --> 01:35:41.200] Okay.
[01:35:41.200 --> 01:35:45.200] Back to the issue you want, so I didn't want to have to go through the whole thing.
[01:35:45.200 --> 01:35:46.200] Yeah.
[01:35:46.200 --> 01:35:47.200] Yeah, exactly.
[01:35:47.200 --> 01:35:59.200] So specifically I've got a situation where they've, pretty much I'm asking for counsel
[01:35:59.200 --> 01:36:00.200] the entire way through.
[01:36:00.200 --> 01:36:05.200] It's well documented that I'm asking for counsel all the way through.
[01:36:05.200 --> 01:36:11.200] Okay.
[01:36:11.200 --> 01:36:14.200] Why are you absent counsel?
[01:36:14.200 --> 01:36:15.200] Why?
[01:36:15.200 --> 01:36:16.200] Okay.
[01:36:16.200 --> 01:36:21.200] So at first they were denying it.
[01:36:21.200 --> 01:36:26.200] They were, I mean, from arrest, they were denying me for the first 30 days even getting
[01:36:26.200 --> 01:36:29.200] into the law library before I was in custody.
[01:36:29.200 --> 01:36:30.200] Wait a minute.
[01:36:30.200 --> 01:36:38.200] Getting into the law library doesn't go to, did you waive your right to counsel?
[01:36:38.200 --> 01:36:42.200] No, I didn't.
[01:36:42.200 --> 01:36:48.200] At your first hearing, when they first brought you before a magistrate, did you ask for counsel?
[01:36:48.200 --> 01:36:49.200] Counsel.
[01:36:49.200 --> 01:36:53.200] Yeah, assistance of counsel.
[01:36:53.200 --> 01:36:56.200] And did they not give you counsel?
[01:36:56.200 --> 01:36:57.200] No.
[01:36:57.200 --> 01:37:01.200] And they've never given you counsel?
[01:37:01.200 --> 01:37:09.200] So what they did is eventually they gave me counsel and then took it away, twice.
[01:37:09.200 --> 01:37:10.200] Okay.
[01:37:10.200 --> 01:37:15.200] Did counsel request to be removed?
[01:37:15.200 --> 01:37:20.200] Did he request us to withdraw or did the court remove counsel?
[01:37:20.200 --> 01:37:27.200] Okay, the problem was is there was a private attorney that got on the case and made an
[01:37:27.200 --> 01:37:31.200] appearance that wasn't hired.
[01:37:31.200 --> 01:37:36.200] Did you know this attorney?
[01:37:36.200 --> 01:37:43.200] I went with my father and met with about five different attorneys to get second opinions
[01:37:43.200 --> 01:37:49.200] on the counsel that was provided not doing their job.
[01:37:49.200 --> 01:37:56.200] And one of them made an appearance without being hired on the case.
[01:37:56.200 --> 01:38:05.200] And then that automatically stops the counsel that you have from being able to talk to you.
[01:38:05.200 --> 01:38:06.200] Okay.
[01:38:06.200 --> 01:38:12.200] Did you file a removal of counsel?
[01:38:12.200 --> 01:38:20.200] The guy that got on, what ended up happening is we had a hearing to remove the attorney
[01:38:20.200 --> 01:38:25.200] that wasn't supposed to be there off the case.
[01:38:25.200 --> 01:38:31.200] They did that, but then they didn't give re-, they just refused to hear.
[01:38:31.200 --> 01:38:35.200] Did you file a motion for court appointing counsel?
[01:38:35.200 --> 01:38:37.200] Yes.
[01:38:37.200 --> 01:38:42.200] And did they hear the motion for court appointing counsel?
[01:38:42.200 --> 01:38:50.200] They, I, I, I, every way along the time I'm asking for counsel.
[01:38:50.200 --> 01:38:52.200] And then when they say I-
[01:38:52.200 --> 01:38:58.200] Did, okay, did you file a request for court appointing counsel?
[01:38:58.200 --> 01:39:02.200] Court appointing counsel, a declaration of indigency.
[01:39:02.200 --> 01:39:08.200] Okay, did the court rule on that?
[01:39:08.200 --> 01:39:14.200] Well, they, okay, so they did counsel initially, yes.
[01:39:14.200 --> 01:39:16.200] You're confusing me.
[01:39:16.200 --> 01:39:18.200] Let's stay in the timeline.
[01:39:18.200 --> 01:39:23.200] Did you just jump back to the beginning of the case?
[01:39:23.200 --> 01:39:27.200] This is, okay, so-
[01:39:27.200 --> 01:39:29.200] Wait a minute, wait a minute, wait a minute, hold on.
[01:39:29.200 --> 01:39:31.200] We're having a problem here.
[01:39:31.200 --> 01:39:35.200] You initially had counsel, appointed counsel.
[01:39:35.200 --> 01:39:37.200] A lawyer appeared that shouldn't have.
[01:39:37.200 --> 01:39:40.200] They took away your court appointed counsel.
[01:39:40.200 --> 01:39:45.200] You filed to have this counsel that made the appearance removed.
[01:39:45.200 --> 01:39:48.200] You filed again for court appointed counsel.
[01:39:48.200 --> 01:39:53.200] Did they appoint counsel based on that second filing?
[01:39:53.200 --> 01:40:03.200] No, they said that because the counsel that was, that made the appearance,
[01:40:03.200 --> 01:40:05.200] they kicked the other one off.
[01:40:05.200 --> 01:40:08.200] Because in his statement at the hearing,
[01:40:08.200 --> 01:40:13.200] he had said that there was a breakdown in the attorney-client relationship,
[01:40:13.200 --> 01:40:16.200] as in there was never a relationship.
[01:40:16.200 --> 01:40:19.200] And he also said that money wasn't an issue.
[01:40:19.200 --> 01:40:22.200] Well, money wasn't an issue because he was never hired.
[01:40:22.200 --> 01:40:27.200] So the court took that as that they didn't have to provide any counsel.
[01:40:27.200 --> 01:40:32.200] Did you file an appeal?
[01:40:32.200 --> 01:40:34.200] For the case?
[01:40:34.200 --> 01:40:38.200] Yeah, an interlocutory appeal.
[01:40:38.200 --> 01:40:39.200] No, not an interlocutory appeal.
[01:40:39.200 --> 01:40:44.200] I have filed so that we already have a trial.
[01:40:44.200 --> 01:40:48.200] Okay, did you petition the Court of Appeals for writ of mandamus?
[01:40:48.200 --> 01:40:51.200] No, I haven't.
[01:40:51.200 --> 01:40:55.200] Okay, this is your remedy.
[01:40:55.200 --> 01:40:59.200] Eventually, they'll walk you through this whole case,
[01:40:59.200 --> 01:41:03.200] and you'll appeal the case for lack of counsel,
[01:41:03.200 --> 01:41:05.200] and the whole thing will get overturned.
[01:41:05.200 --> 01:41:10.200] What they're trying to do is wear you down.
[01:41:10.200 --> 01:41:13.200] Well, they're trying to stick me in jail.
[01:41:13.200 --> 01:41:15.200] I understand that.
[01:41:15.200 --> 01:41:19.200] They're trying to wear you down so you don't fight them anymore.
[01:41:19.200 --> 01:41:21.200] Yes, yes.
[01:41:21.200 --> 01:41:24.200] That's what these guys do.
[01:41:24.200 --> 01:41:29.200] Have you filed judicial conduct complaints against a judge?
[01:41:29.200 --> 01:41:30.200] Have not.
[01:41:30.200 --> 01:41:32.200] I've been working on that.
[01:41:32.200 --> 01:41:38.200] Bar grievances against the prosecutor?
[01:41:38.200 --> 01:41:41.200] Prosecutor, the attorney that I've been working on,
[01:41:41.200 --> 01:41:46.200] there's probably half a dozen at least.
[01:41:46.200 --> 01:41:49.200] Filed grievances on every one of them?
[01:41:49.200 --> 01:41:50.200] Uh-huh.
[01:41:50.200 --> 01:41:51.200] They're multiple.
[01:41:51.200 --> 01:41:52.200] Okay.
[01:41:52.200 --> 01:41:56.200] I understand they're not going to cut you any slack.
[01:41:56.200 --> 01:41:57.200] Yeah, it gets so fast.
[01:41:57.200 --> 01:41:59.200] They're going to nail you as hard as they can,
[01:41:59.200 --> 01:42:01.200] whatever they can get away with.
[01:42:01.200 --> 01:42:04.200] So if you're going to get any leverage,
[01:42:04.200 --> 01:42:07.200] you're going to have to start hammering them.
[01:42:07.200 --> 01:42:11.200] And filed judicial conduct, working on one,
[01:42:11.200 --> 01:42:16.200] you should be able to file one in five minutes.
[01:42:16.200 --> 01:42:20.200] You understand if you file a judicial conduct complaint against this judge,
[01:42:20.200 --> 01:42:23.200] your state commission on judicial conduct is going to get that complaint
[01:42:23.200 --> 01:42:26.200] and they're going to throw it in the trash.
[01:42:26.200 --> 01:42:28.200] So it don't matter what you put in it.
[01:42:28.200 --> 01:42:31.200] They're going to throw it in the trash.
[01:42:31.200 --> 01:42:36.200] But that's going to affect his bond rating.
[01:42:36.200 --> 01:42:37.200] That's where it hurts him.
[01:42:37.200 --> 01:42:39.200] So you just file it.
[01:42:39.200 --> 01:42:41.200] Same thing with lawyers.
[01:42:41.200 --> 01:42:43.200] You file a bar grievance against them,
[01:42:43.200 --> 01:42:46.200] the bar is going to throw it in the trash no matter what you file.
[01:42:46.200 --> 01:42:54.200] State bar there is just there to do song and dance and seltzer down your pants.
[01:42:54.200 --> 01:42:55.200] Yeah.
[01:42:55.200 --> 01:42:57.200] But when you file against the lawyer,
[01:42:57.200 --> 01:43:00.200] they're going to raise your insurance rates.
[01:43:00.200 --> 01:43:01.200] Uh-huh.
[01:43:01.200 --> 01:43:05.200] So start doing that first and then petition the district,
[01:43:05.200 --> 01:43:09.200] the court of appeals for Rida Mandamus asking them to order the court
[01:43:09.200 --> 01:43:12.200] to appoint you counsel because you do not waive counsel
[01:43:12.200 --> 01:43:16.200] and you can't afford counsel.
[01:43:16.200 --> 01:43:20.200] They cannot try you in a felony case without counsel, period,
[01:43:20.200 --> 01:43:29.200] unless you have waived counsel in court with temporary counsel present
[01:43:29.200 --> 01:43:33.200] after full disclosure free of coercion.
[01:43:33.200 --> 01:43:35.200] No way they'll get by it.
[01:43:35.200 --> 01:43:38.200] You have to do a mandamus.
[01:43:38.200 --> 01:43:40.200] Okay.
[01:43:40.200 --> 01:43:42.200] Okay, about to go to break.
[01:43:42.200 --> 01:43:44.200] I want to go to break.
[01:43:44.200 --> 01:43:45.200] Okay, about to go to break.
[01:43:45.200 --> 01:43:47.200] Randy Kelton, we have our radio.
[01:43:47.200 --> 01:43:51.200] Our call-in number, 512-646-1984.
[01:43:51.200 --> 01:44:00.200] We'll be right back.
[01:44:00.200 --> 01:44:04.200] You feel tired when talking about important topics like money and politics?
[01:44:04.200 --> 01:44:05.200] Sorry.
[01:44:05.200 --> 01:44:08.200] Are you confused by words like the Constitution or the Federal Reserve?
[01:44:08.200 --> 01:44:09.200] What?
[01:44:09.200 --> 01:44:13.200] If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:13.200 --> 01:44:16.200] Hi, my name is Steve Holt, and like millions of other Americans,
[01:44:16.200 --> 01:44:19.200] I was diagnosed with stupidity at an early age.
[01:44:19.200 --> 01:44:22.200] I had no idea that the number one cause of the disease
[01:44:22.200 --> 01:44:25.200] is found in almost every home in America, the television.
[01:44:25.200 --> 01:44:29.200] Unfortunately, that puts most Americans at risk of catching stupidity,
[01:44:29.200 --> 01:44:31.200] and there is hope.
[01:44:31.200 --> 01:44:33.200] The staff at Brave New Books have helped me
[01:44:33.200 --> 01:44:37.200] and thousands of other foxaholics suffering from sports zombieism recover.
[01:44:37.200 --> 01:44:40.200] And because of Brave New Books, I now enjoy reading
[01:44:40.200 --> 01:44:44.200] and watching educational documentaries without feeling tired or uninterested.
[01:44:44.200 --> 01:44:47.200] So if you or anybody you know suffers from stupidity,
[01:44:47.200 --> 01:44:51.200] then you need to call 512-480-2503
[01:44:51.200 --> 01:44:55.200] or visit them in 1904, Guadalupe, or bravenewbookstore.com.
[01:44:55.200 --> 01:44:57.200] Side effects from using Brave New Books products
[01:44:57.200 --> 01:45:01.200] and enlarged vocabulary and an overall increase in mental functioning.
[01:45:01.200 --> 01:45:04.200] Are you the plaintiff or defendant in a lawsuit?
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[01:46:27.200 --> 01:46:29.200] Okay, we are back.
[01:46:29.200 --> 01:46:33.200] Randy Kelton, Rule of Law Radio, and this is our last segment.
[01:46:33.200 --> 01:46:36.200] And sorry to keep you so long, Mark.
[01:46:36.200 --> 01:46:40.200] I didn't mean to put you off, but I'm concerned about this guy.
[01:46:40.200 --> 01:46:43.200] Liberty is always more important to me.
[01:46:43.200 --> 01:46:45.200] Okay, what do you have for us, Mark?
[01:46:50.200 --> 01:46:52.200] Mark, did I put you to sleep?
[01:46:52.200 --> 01:46:57.200] It looks like we lost Mark.
[01:46:57.200 --> 01:47:03.200] Okay, now I'm going to Larry in Arizona.
[01:47:03.200 --> 01:47:05.200] Hello, Larry.
[01:47:05.200 --> 01:47:08.200] Hello, Larry.
[01:47:08.200 --> 01:47:12.200] Looks like we're having a problem with our call board.
[01:47:12.200 --> 01:47:14.200] Let me see if I can go back to William.
[01:47:14.200 --> 01:47:15.200] He's still on the board.
[01:47:15.200 --> 01:47:16.200] William, are you still there?
[01:47:16.200 --> 01:47:18.200] Yeah, I'm still here.
[01:47:18.200 --> 01:47:21.200] Well, I guess our call board's not down.
[01:47:21.200 --> 01:47:24.200] But nothing else is working.
[01:47:24.200 --> 01:47:28.200] Okay, we're having a little technical difficulty.
[01:47:28.200 --> 01:47:37.200] So, you cannot be convicted of a felony without counsel
[01:47:37.200 --> 01:47:44.200] unless you have knowingly, intentionally, in writing,
[01:47:44.200 --> 01:47:47.200] waived your right to counsel.
[01:47:47.200 --> 01:47:52.200] So, what they're doing is trying to wear you down.
[01:47:52.200 --> 01:47:56.200] They make you come to court and come back and come back
[01:47:56.200 --> 01:47:59.200] and come back and come back until you take a deal.
[01:47:59.200 --> 01:48:02.200] And you were charged with eluding.
[01:48:02.200 --> 01:48:07.200] Now, that's eluding arrest, correct?
[01:48:07.200 --> 01:48:09.200] Yeah, are you there?
[01:48:09.200 --> 01:48:18.200] So, what happened to the charge for which they intended to arrest you?
[01:48:18.200 --> 01:48:20.200] Can you hear me?
[01:48:20.200 --> 01:48:22.200] Yes.
[01:48:22.200 --> 01:48:28.200] What happened to the charge that they were going to arrest you for on the first place?
[01:48:28.200 --> 01:48:32.200] Oh, there was six or seven different other tickets.
[01:48:32.200 --> 01:48:36.200] There was like a license plate being...
[01:48:36.200 --> 01:48:39.200] Okay, so they were adjudicated somewhere else.
[01:48:39.200 --> 01:48:45.200] Okay, what I was getting through there was there had to be probable cause.
[01:48:45.200 --> 01:48:46.200] Yes.
[01:48:46.200 --> 01:48:49.200] Yeah, you can't elude arrest unless they had a right to arrest.
[01:48:49.200 --> 01:48:52.200] Okay, so the felony eluding.
[01:48:52.200 --> 01:48:55.200] I'm going to take it as felony eluding?
[01:48:55.200 --> 01:48:58.200] That's pretty serious.
[01:48:58.200 --> 01:48:59.200] Okay.
[01:48:59.200 --> 01:49:02.200] It's 30 miles an hour over the speed limit.
[01:49:02.200 --> 01:49:05.200] Turns it into a felony, I guess.
[01:49:05.200 --> 01:49:07.200] Oh, okay.
[01:49:07.200 --> 01:49:14.200] Have they offered you a deal?
[01:49:14.200 --> 01:49:16.200] No, I don't think so.
[01:49:16.200 --> 01:49:19.200] Okay.
[01:49:19.200 --> 01:49:21.200] You need counsel.
[01:49:21.200 --> 01:49:27.200] The whole point is that this is the third time I've been arrested in this county.
[01:49:27.200 --> 01:49:34.200] I already beat the last two charges in this county and had lots of issues with the prosecutor.
[01:49:34.200 --> 01:49:41.200] This is just one of...
[01:49:41.200 --> 01:49:43.200] Okay, let me back up slightly.
[01:49:43.200 --> 01:49:49.200] So in the last three years, I've had 15 different arrests on BS charges,
[01:49:49.200 --> 01:49:58.200] and I've beat all of them except for this eluding charge,
[01:49:58.200 --> 01:50:05.200] which they were able to win because they denied me pretty much any access to...
[01:50:05.200 --> 01:50:11.200] Have you filed criminal charges against the prosecutor and the judge?
[01:50:11.200 --> 01:50:13.200] I have not.
[01:50:13.200 --> 01:50:14.200] Oh, wait.
[01:50:14.200 --> 01:50:15.200] I've got an idea.
[01:50:15.200 --> 01:50:18.200] This is a due process.
[01:50:18.200 --> 01:50:23.200] There's been three cases that I'm going for the last three years.
[01:50:23.200 --> 01:50:24.200] Wait a minute.
[01:50:24.200 --> 01:50:25.200] Say that again.
[01:50:25.200 --> 01:50:29.200] I'm talking and you're talking, it shows your voice down below mine.
[01:50:29.200 --> 01:50:33.200] We have a suppressor on here, so I missed what you said.
[01:50:33.200 --> 01:50:34.200] Okay.
[01:50:34.200 --> 01:50:41.200] So I've been a little overwhelmed because there's always three different charges.
[01:50:41.200 --> 01:50:47.200] For the last three years, I've had three different charges going at the same time.
[01:50:47.200 --> 01:50:53.200] So in the last three years, there's been 15 at least different arrests,
[01:50:53.200 --> 01:50:58.200] and I've won all the cases except for this one.
[01:50:58.200 --> 01:51:05.200] This sounds like a great case for a federal due process suit.
[01:51:05.200 --> 01:51:08.200] Oh, there's a lot of them, and there's a lot of...
[01:51:08.200 --> 01:51:09.200] Okay.
[01:51:09.200 --> 01:51:13.200] You might look at 42 U.S. Code 1983.
[01:51:13.200 --> 01:51:16.200] Yes, but I need a lawyer.
[01:51:16.200 --> 01:51:21.200] You need to do your homework first.
[01:51:21.200 --> 01:51:26.200] If you get a lawyer and you expect a lawyer to take care of your rights,
[01:51:26.200 --> 01:51:31.200] you don't understand how it works.
[01:51:31.200 --> 01:51:36.200] Your lawyer is in business.
[01:51:36.200 --> 01:51:38.200] I know you may have watched Perry Mason on TV
[01:51:38.200 --> 01:51:43.200] and think that your lawyer just goes out there and fights like crazy for your benefit.
[01:51:43.200 --> 01:51:46.200] That ain't how it works.
[01:51:46.200 --> 01:51:55.200] Your lawyer is in business, and your lawyer is absolutely beholden to the judge.
[01:51:55.200 --> 01:51:59.200] The judge can end his career on a whim.
[01:51:59.200 --> 01:52:03.200] So lawyers are terrified of judges,
[01:52:03.200 --> 01:52:08.200] and they're reluctant to do anything that the judge is not going to like.
[01:52:08.200 --> 01:52:15.200] You will not win your case simply because you have the law on the facts on your side.
[01:52:15.200 --> 01:52:20.200] You'll only win your case if you have the politics on your side.
[01:52:20.200 --> 01:52:25.200] That may not be why, but that's how it works where we live.
[01:52:25.200 --> 01:52:28.200] And in this case, you need a lawyer,
[01:52:28.200 --> 01:52:32.200] but you need to know what your lawyer should be doing
[01:52:32.200 --> 01:52:38.200] so that you can kick your lawyer in his professional teeth when he doesn't do it.
[01:52:38.200 --> 01:52:41.200] And then when you start kicking your lawyer,
[01:52:41.200 --> 01:52:45.200] then your lawyer is going to go to the judge and the prosecutor and say,
[01:52:45.200 --> 01:52:50.200] hey, guys, I got this client, and he has busted my chops.
[01:52:50.200 --> 01:52:53.200] You need to help me out here.
[01:52:53.200 --> 01:52:57.200] Now, I bring you all these clients, and I get them to make a deal,
[01:52:57.200 --> 01:53:01.200] and we all get your docket cleared.
[01:53:01.200 --> 01:53:03.200] Now you owe me one.
[01:53:03.200 --> 01:53:05.200] Everything's political.
[01:53:05.200 --> 01:53:07.200] You need to get some politics on your side.
[01:53:07.200 --> 01:53:11.200] You need to get the bar grievances and judicial conduct on the clients.
[01:53:11.200 --> 01:53:12.200] That hurts them.
[01:53:12.200 --> 01:53:16.200] They're never going to tell you it hurts them, but it hurts them.
[01:53:16.200 --> 01:53:23.200] I've been moving to you for the last, I don't know, five years.
[01:53:23.200 --> 01:53:27.200] And the only reason I'm not in jail for 20 years to life
[01:53:27.200 --> 01:53:30.200] or whatever it is for all the crap they've made up
[01:53:30.200 --> 01:53:41.200] is because I've been able to, I guess, push the politics.
[01:53:41.200 --> 01:53:45.200] It's just that when you get three cases at a time running,
[01:53:45.200 --> 01:53:48.200] it's hard to keep up.
[01:53:48.200 --> 01:53:49.200] I understand.
[01:53:49.200 --> 01:53:50.200] It's overwhelming.
[01:53:50.200 --> 01:53:56.200] If you handle three at once, that's remarkable because it is overwhelming.
[01:53:56.200 --> 01:54:00.200] It's hard for people who haven't been under this pressure to realize
[01:54:00.200 --> 01:54:03.200] how difficult it is.
[01:54:03.200 --> 01:54:06.200] When Cherokee County was coming after me,
[01:54:06.200 --> 01:54:11.200] just the right of pleading for me was major, major stress.
[01:54:11.200 --> 01:54:14.200] I had to struggle.
[01:54:14.200 --> 01:54:17.200] I didn't want to touch it.
[01:54:17.200 --> 01:54:20.200] It was so stressful, I didn't want to look at it, but I had to.
[01:54:20.200 --> 01:54:24.200] So, yeah, that is very difficult.
[01:54:24.200 --> 01:54:29.200] So the, I guess, the other, let me, I have to clarify when I say,
[01:54:29.200 --> 01:54:34.200] when I'm asking for counsel, I'm very specific with asking for counsel.
[01:54:34.200 --> 01:54:38.200] And that's, I'm asking for counsel, assistance of counsel,
[01:54:38.200 --> 01:54:41.200] but I want to drive pretty much.
[01:54:41.200 --> 01:54:51.200] Or pretty much, I guess, there's the, as far as Idaho is concerned
[01:54:51.200 --> 01:54:54.200] or, I guess, should be anywhere.
[01:54:54.200 --> 01:54:56.200] There's full representation.
[01:54:56.200 --> 01:55:04.200] There's standby or assistance in counsel where they're not in the first chair.
[01:55:04.200 --> 01:55:05.200] Yeah.
[01:55:05.200 --> 01:55:08.200] And there's full, you know, those things.
[01:55:08.200 --> 01:55:13.200] So that second one is the one where you, where you go,
[01:55:13.200 --> 01:55:19.200] okay, I'm the third-party beneficiary of that relationship, right?
[01:55:19.200 --> 01:55:23.200] And I want to drive, but I still get assistance of counsel.
[01:55:23.200 --> 01:55:24.200] Okay.
[01:55:24.200 --> 01:55:30.200] Well, when your liberty is at stake, that's always, that's a big concern.
[01:55:30.200 --> 01:55:32.200] Yes.
[01:55:32.200 --> 01:55:40.200] You're better off with counsel because your counsel can negotiate with the other parties.
[01:55:40.200 --> 01:55:43.200] Yes.
[01:55:43.200 --> 01:55:46.200] You need to understand the politics.
[01:55:46.200 --> 01:55:53.200] Going to court is like playing a, playing four-sided chess.
[01:55:53.200 --> 01:55:56.200] If you listen to the show a lot, I'm sure you've heard this before.
[01:55:56.200 --> 01:55:57.200] Mm-hmm.
[01:55:57.200 --> 01:55:59.200] It's like a four-sided chess board.
[01:55:59.200 --> 01:56:01.200] You've got your lawyer over here to your right,
[01:56:01.200 --> 01:56:04.200] opposing counsel to your left, the judge across from you.
[01:56:04.200 --> 01:56:07.200] All three of those guys have relationships.
[01:56:07.200 --> 01:56:09.200] You're the odd man out.
[01:56:09.200 --> 01:56:11.200] You only got a relationship with your lawyer.
[01:56:11.200 --> 01:56:13.200] He has a relationship with everybody.
[01:56:13.200 --> 01:56:20.200] So you need a lawyer that you can position such that he goes to these other two
[01:56:20.200 --> 01:56:27.200] that he has a relationship with and uses that relationship to get them off of you
[01:56:27.200 --> 01:56:31.200] so he can get you off of him.
[01:56:31.200 --> 01:56:33.200] Yes.
[01:56:33.200 --> 01:56:36.200] And when they appointed me lawyer, the lawyer,
[01:56:36.200 --> 01:56:43.200] first thing I told him was that he was going to file a motion to be removed from the case.
[01:56:43.200 --> 01:56:47.200] And I said, and the judge is going to, and when you file the motion to be removed,
[01:56:47.200 --> 01:56:52.200] I'm going to object to the motion, tell the judge that he's my counsel.
[01:56:52.200 --> 01:56:55.200] He's my counsel of choice and he's under contract.
[01:56:55.200 --> 01:56:57.200] And the lawyer said, well, I'm not under contract with you.
[01:56:57.200 --> 01:56:59.200] I'm under contract with the state.
[01:56:59.200 --> 01:57:00.200] I said, yes, you are.
[01:57:00.200 --> 01:57:04.200] But I'm the intended third-party beneficiary and I have standing.
[01:57:04.200 --> 01:57:05.200] And the judge is going to remove you.
[01:57:05.200 --> 01:57:06.200] And he said, yes, he will.
[01:57:06.200 --> 01:57:10.200] He said, then I get to sue the judge for interfering with a private contract.
[01:57:10.200 --> 01:57:17.200] And the lawyer sat back and looked at me and he's thinking, this guy's going to give me disbarred.
[01:57:17.200 --> 01:57:22.200] They threw out my case to protect my lawyer from me.
[01:57:22.200 --> 01:57:23.200] Yeah.
[01:57:23.200 --> 01:57:24.200] So.
[01:57:24.200 --> 01:57:26.200] Been there.
[01:57:26.200 --> 01:57:27.200] Okay.
[01:57:27.200 --> 01:57:32.200] So I suggest you need counsel even if you have to hire counsel.
[01:57:32.200 --> 01:57:35.200] This is your liberty.
[01:57:35.200 --> 01:57:40.200] And that's not possible because this has been, when you have this job for three years,
[01:57:40.200 --> 01:57:45.200] just a week time fighting counsel.
[01:57:45.200 --> 01:57:46.200] Okay.
[01:57:46.200 --> 01:57:47.200] Okay.
[01:57:47.200 --> 01:57:51.200] Then what you need to do is go online, do some research.
[01:57:51.200 --> 01:57:57.200] File a petition for writ of mandamus and ask the higher court, appeals court,
[01:57:57.200 --> 01:58:02.200] to order this court to have you appoint your counsel.
[01:58:02.200 --> 01:58:03.200] Okay.
[01:58:03.200 --> 01:58:06.200] That will probably get that done.
[01:58:06.200 --> 01:58:07.200] Okay.
[01:58:07.200 --> 01:58:08.200] I understand that.
[01:58:08.200 --> 01:58:13.200] But I'm, this has been a very, I mean, at once they've already crossed the line.
[01:58:13.200 --> 01:58:14.200] Okay.
[01:58:14.200 --> 01:58:15.200] Agregiously.
[01:58:15.200 --> 01:58:18.200] Do you mind if I talk to you after?
[01:58:18.200 --> 01:58:19.200] No, we are.
[01:58:19.200 --> 01:58:20.200] Yeah.
[01:58:20.200 --> 01:58:24.200] Send me an email at Randy at Rule of Law Radio.
[01:58:24.200 --> 01:58:25.200] Okay.
[01:58:25.200 --> 01:58:26.200] We are out of time.
[01:58:26.200 --> 01:58:30.200] This is Randy Kelton, Rule of Law Radio, our call in number, call in number.
[01:58:30.200 --> 01:58:31.200] Forget the call in number.
[01:58:31.200 --> 01:58:32.200] Thank you all for listening.
[01:58:32.200 --> 01:58:37.200] We'll be back Thursday on our regular Thursday show.
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