ROL_2016-03-18_16k_Hr3-4.timecode

[00:00.000 --> 00:06.000]  The following use flash is brought to you by the Lone Star Lowdown, providing your daily
[00:06.000 --> 00:08.000]  bulletins for the commodities market.
[00:08.000 --> 00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:27.000]  Markets for Friday, the 18th of March, 2016, are currently treading with gold, $1,255.09
[00:27.000 --> 00:34.000]  an ounce, silver, $15.79 an ounce, Texas crude, $40.20 a barrel, and Bitcoin is currently
[00:34.000 --> 00:43.000]  sitting at about $409 U.S. currency.
[00:43.000 --> 00:49.000]  Today in history, the year 1314, Jacquez de Malay, the 23rd and last grandmaster of the
[00:49.000 --> 00:53.000]  Knights Templar, is burned at the stake at a scaffold in front of Notre Dame by decree
[00:53.000 --> 00:58.000]  of the cardinals in conjunction with the Archbishop of Seine and some other prelates who were
[00:58.000 --> 00:59.000]  called in.
[00:59.000 --> 01:04.000]  Templar grandmasters de Malay and Tornay were slowly burned to death for refusing to
[01:04.000 --> 01:10.000]  recant their heretical beliefs today in history.
[01:10.000 --> 01:15.000]  In recent news, Salah Absalom, Europe's most wanted man for being suspected of physically
[01:15.000 --> 01:20.000]  partaking in the Paris Islamic State shootings November of last year, was captured today
[01:20.000 --> 01:22.000]  after a shootout in Brussels.
[01:22.000 --> 01:26.000]  This capture finally gave investigators the first suspected active participant to be taken
[01:26.000 --> 01:27.000]  alive.
[01:27.000 --> 01:31.000]  Prosecutors said a second wanted man, who used the false name of Amin Chakouri, was
[01:31.000 --> 01:33.000]  also wounded and captured in the raid.
[01:33.000 --> 01:38.000]  Luckily, French President Francois Hollande was visiting Brussels for a European summit
[01:38.000 --> 01:42.000]  and was able to personally conduct a joint news conference with the Belgian Prime Minister
[01:42.000 --> 01:47.000]  Charles Michel where he said that France would request very soon the extradition of Salah
[01:47.000 --> 01:48.000]  Absalom.
[01:48.000 --> 01:52.000]  Security services will obviously be seeking information on the Islamic State plans and
[01:52.000 --> 01:57.000]  structures, his contacts in Europe and in Syria, and looking into his support and financial
[01:57.000 --> 02:02.000]  networks, police did obtain Absalom's fingerprints as well as fake Syrian and Belgian identity
[02:02.000 --> 02:07.000]  documents.
[02:07.000 --> 02:10.000]  Radar scans of King Tut's burial chamber have revealed two hidden compartments.
[02:10.000 --> 02:16.000]  Yesterday, at a Cairo news conference, Egyptian Antiquities Minister Mamdouh al-Damati declined
[02:16.000 --> 02:20.000]  to comment on whether any role of treasure or more mummies might be inside of the rooms,
[02:20.000 --> 02:25.000]  but did state that the unexplored chambers could hold some kind of organic or metal objects.
[02:25.000 --> 02:29.000]  He also showed the results of the radar scans that revealed anomalies in the walls of the
[02:29.000 --> 02:34.000]  tomb, indicating a possible hidden door and rooms behind false walls that were covered
[02:34.000 --> 02:36.000]  up and painted over with hieroglyphics.
[02:36.000 --> 02:40.000]  The radar scans of the chamber taken last year and analyzed in Japan are set to be repeated
[02:40.000 --> 02:44.000]  at the end of the month for verification.
[02:44.000 --> 02:48.000]  Once our Lowdown is currently looking to fill some ad slots, make it a product or a service
[02:48.000 --> 02:54.000]  for you to advertise with us, feel free to give me a call at 210-363-2257.
[02:54.000 --> 03:23.000]  This has been Rick Roady with your Lowdown from March 18, 2016.
[03:23.000 --> 03:24.000]  Okay, we are back.
[03:24.000 --> 03:25.000]  Randy Kelton.
[03:25.000 --> 03:28.000]  We removed our radio and we're talking to Scott in Texas.
[03:28.000 --> 03:31.000]  Okay, Scott, you've been doing good.
[03:31.000 --> 03:32.000]  Keep up the good work.
[03:32.000 --> 03:35.000]  Do you have anything else for us?
[03:35.000 --> 03:43.000]  Well, the only thing I can tell y'all is just you've got to follow the paperwork and you
[03:43.000 --> 03:51.000]  got to go in there and just know that you have the rule of law behind you.
[03:51.000 --> 03:59.000]  And once you have that, the statute, constitution, you got state statute, no matter what state
[03:59.000 --> 04:06.000]  you're in, you put it in any kind of motion or even once you have it even in your head
[04:06.000 --> 04:12.000]  well enough where you can recite it, that even scares them enough that if they even
[04:12.000 --> 04:16.000]  thought you could put it on paper and put it in front of any kind of jury, because they
[04:16.000 --> 04:23.000]  don't want anybody to get and he's kind of in front of any jury now because if we start
[04:23.000 --> 04:29.000]  spreading the word even more, it just scares them because if you got a judge that's going
[04:29.000 --> 04:36.000]  to tell my buddy up there in Colorado and clear out a courtroom so that he can tell
[04:36.000 --> 04:44.000]  them, he can explain why he's going to defend his constitutional rights so that nobody else
[04:44.000 --> 04:49.000]  can hear him and then a judge even say, you don't need to let this all get out around
[04:49.000 --> 04:50.000]  and he says, why?
[04:50.000 --> 04:55.000]  Everybody should know this, you know, and they're trying to keep it from everybody,
[04:55.000 --> 05:02.000]  but as long as everybody gets out there, it's called exercising your rights.
[05:02.000 --> 05:03.000]  You have to exercise them.
[05:03.000 --> 05:04.000]  It's just like your body.
[05:04.000 --> 05:10.000]  If you don't get out there and work out and start doing something, if you don't exercise
[05:10.000 --> 05:15.000]  your rights, you lose them and it's not, nobody can do it for you.
[05:15.000 --> 05:21.000]  You have to do it yourself and other than that, you all have a good evening and thanks
[05:21.000 --> 05:22.000]  a lot.
[05:22.000 --> 05:23.000]  Good night, Randy.
[05:23.000 --> 05:24.000]  Okay.
[05:24.000 --> 05:25.000]  Thank you, Scott.
[05:25.000 --> 05:26.000]  Yes.
[05:26.000 --> 05:31.000]  The courts have held that rights belong to the belligerent litigant.
[05:31.000 --> 05:32.000]  Okay.
[05:32.000 --> 05:35.000]  We are going to go to Doug in Indiana.
[05:35.000 --> 05:36.000]  Hello, Doug.
[05:36.000 --> 05:39.000]  What do you have for us today?
[05:39.000 --> 05:47.000]  Well, it's sort of an involved contract, but sort of not.
[05:47.000 --> 05:51.000]  It's a verbal contract agreement.
[05:51.000 --> 06:03.000]  I had a verbal agreement with a person to purchase a commercial property from a business.
[06:03.000 --> 06:16.000]  She originally agreed on $15,000 and $500 a month on a land contract, contract for deed.
[06:16.000 --> 06:21.000]  And it went by about a month.
[06:21.000 --> 06:23.000]  I didn't hear from her.
[06:23.000 --> 06:29.000]  And then she called me up one day to talk to me about it.
[06:29.000 --> 06:34.000]  And then she mentioned that, she said, I heard you come into some money.
[06:34.000 --> 06:36.000]  I don't know how she heard it.
[06:36.000 --> 06:40.000]  I want a lawsuit.
[06:40.000 --> 06:46.000]  And then we talked for a little bit and then went out another couple of weeks.
[06:46.000 --> 06:54.000]  She called me back and now all of a sudden the price is $25,000.
[06:54.000 --> 07:00.000]  And she wanted $3,000 down and $550 a month.
[07:00.000 --> 07:01.000]  Wait a minute.
[07:01.000 --> 07:05.000]  Did you already have a contract?
[07:05.000 --> 07:07.000]  We never actually.
[07:07.000 --> 07:14.000]  When I made the original agreement for $15,500 down, I said, okay, let's do it.
[07:14.000 --> 07:17.000]  And I want a written contract.
[07:17.000 --> 07:20.000]  Well, she's lollygagging around for about a month.
[07:20.000 --> 07:21.000]  Okay.
[07:21.000 --> 07:23.000]  Hold on, hold on.
[07:23.000 --> 07:28.000]  Did both of you sign a written contract?
[07:28.000 --> 07:32.000]  No, we never got around to signing a written contract.
[07:32.000 --> 07:35.000]  Did any money change hands?
[07:35.000 --> 07:38.000]  Yes.
[07:38.000 --> 07:39.000]  Okay.
[07:39.000 --> 07:44.000]  Here's your problem with a written contract.
[07:44.000 --> 07:51.000]  If you don't have a written contract for real property, if Indiana is like most other states,
[07:51.000 --> 07:53.000]  you don't have a contract at all.
[07:53.000 --> 07:59.000]  There can be no verbal contracts concerning real property.
[07:59.000 --> 08:02.000]  Yeah.
[08:02.000 --> 08:15.000]  Well, she called me up one day and said, if you've got $400, you can take possession of the property.
[08:15.000 --> 08:18.000]  And I'll take that off of the selling price.
[08:18.000 --> 08:23.000]  And I asked her if she had signed the contract that I gave her.
[08:23.000 --> 08:24.000]  She said, no, not yet.
[08:24.000 --> 08:27.000]  I haven't had the time to look at it.
[08:27.000 --> 08:29.000]  So I said, look, I'll give you two weeks.
[08:29.000 --> 08:33.000]  And I want a written contract.
[08:33.000 --> 08:34.000]  Okay.
[08:34.000 --> 08:41.000]  Well, at what I hear, you're still in contract negotiations.
[08:41.000 --> 08:51.000]  So if you don't agree to the terms that she's offering, then she will be obligated to return your money.
[08:51.000 --> 08:56.000]  But since you don't have a written contract, you don't have a contract yet.
[08:56.000 --> 08:57.000]  Yeah.
[08:57.000 --> 08:58.000]  Yeah.
[08:58.000 --> 09:01.000]  We never actually signed a written contract.
[09:01.000 --> 09:04.000]  Well, it's not just signing.
[09:04.000 --> 09:11.000]  A contract is not a contract until something of value changes hands.
[09:11.000 --> 09:16.000]  And in this case, she's given you possession of the property.
[09:16.000 --> 09:19.000]  So something of value has changed hands.
[09:19.000 --> 09:22.000]  And normally, you would have a contract.
[09:22.000 --> 09:26.000]  However, in this case, it's real property.
[09:26.000 --> 09:31.000]  And in real property, you can't have verbal contracts.
[09:31.000 --> 09:34.000]  Yeah. That's why I told her I wanted a written one.
[09:34.000 --> 09:35.000]  Yeah.
[09:35.000 --> 09:37.000]  And I'm saying that based on taxes.
[09:37.000 --> 09:42.000]  But I suspect that every state is going to be similar in this regard.
[09:42.000 --> 09:43.000]  Yeah.
[09:43.000 --> 09:45.000]  In the end, it's the same way.
[09:45.000 --> 09:51.000]  It says a contract for land has to be done in a written contract.
[09:51.000 --> 09:52.000]  Yeah.
[09:52.000 --> 10:01.000]  Okay. I think the technical term for your situation is you're screwed.
[10:01.000 --> 10:05.000]  So you don't think I can recover the money?
[10:05.000 --> 10:10.000]  You have a right to the money back if she doesn't agree to terms.
[10:10.000 --> 10:11.000]  Yeah.
[10:11.000 --> 10:14.000]  Well, we never agreed to any terms.
[10:14.000 --> 10:16.000]  I'd give her my contract.
[10:16.000 --> 10:19.000]  She wouldn't write one up, so I wrote one up.
[10:19.000 --> 10:23.000]  And when she come back a few weeks later,
[10:23.000 --> 10:29.000]  she brought the contract back with changes to it.
[10:29.000 --> 10:35.000]  And her changes made it a contract of adhesion.
[10:35.000 --> 10:37.000]  Yeah. This is real property.
[10:37.000 --> 10:45.000]  The only adhesion contract you may be in at this point, or even not really adhesion,
[10:45.000 --> 10:49.000]  if you have custody and control of the property,
[10:49.000 --> 10:55.000]  she may ask for rent if you can't come to an agreement
[10:55.000 --> 11:00.000]  to compensate her for her allowing you control of the property.
[11:00.000 --> 11:03.000]  So you may have trouble getting your money back.
[11:03.000 --> 11:10.000]  Unless you can show that your use of the property gained you no value without a contract.
[11:10.000 --> 11:11.000]  It did.
[11:11.000 --> 11:12.000]  It did.
[11:12.000 --> 11:17.000]  Then you could move for the return of the kind of the map.
[11:17.000 --> 11:21.000]  That's a local small claims court issue.
[11:21.000 --> 11:24.000]  That would be fairly simple to litigate.
[11:24.000 --> 11:28.000]  Well, I was also looking at our Indiana.
[11:28.000 --> 11:30.000]  I don't know if Texas has it.
[11:30.000 --> 11:34.000]  We have an unfair and deceptive practices act.
[11:34.000 --> 11:40.000]  You don't have that because you don't have an agreement.
[11:40.000 --> 11:48.000]  Well, in ours there's a clause in it that says if a person tries to pass off a contract,
[11:48.000 --> 11:56.000]  it is so one sided that it's unfair to the other party.
[11:56.000 --> 12:01.000]  Yeah, but this is a negotiation.
[12:01.000 --> 12:08.000]  And just the fact that she raises the price because she thinks you've gotten more money,
[12:08.000 --> 12:12.000]  that doesn't make it an unfair negotiation.
[12:12.000 --> 12:13.000]  Well, yeah.
[12:13.000 --> 12:17.000]  Now, if you were negotiating a purchase of a house
[12:17.000 --> 12:22.000]  and the other side assured you that you had a particular contract
[12:22.000 --> 12:27.000]  and then you sold the house that you really anticipated you were getting to move into this house,
[12:27.000 --> 12:36.000]  and then when you go to closing, they changed the agreed upon amounts.
[12:36.000 --> 12:39.000]  Now you have a claim against it.
[12:39.000 --> 12:43.000]  But here where she gave you possession of the property,
[12:43.000 --> 12:50.000]  you're not going to have much of a claim just because she wants more money for it.
[12:50.000 --> 12:58.000]  And finding out that you have more money and asking for more as a result, you can do that.
[12:58.000 --> 13:00.000]  Yeah.
[13:00.000 --> 13:04.000]  Well, yeah, I was just, you know.
[13:04.000 --> 13:10.000]  It may suck, but it doesn't sound like you have a legal claim.
[13:10.000 --> 13:13.000]  I don't want to think I can get the money back.
[13:13.000 --> 13:15.000]  Oh, you can most likely get the money back.
[13:15.000 --> 13:18.000]  Just go to the, do you ask for it back?
[13:18.000 --> 13:24.000]  If she refuses to take your offer, then you request the money back.
[13:24.000 --> 13:27.000]  If she doesn't give it to you, just go to small claims.
[13:27.000 --> 13:34.000]  Yeah, I asked her and she said she wouldn't give it back.
[13:34.000 --> 13:35.000]  Okay.
[13:35.000 --> 13:37.000]  Do you have anything else for us?
[13:37.000 --> 13:40.000]  Well, yeah, I was just wanting to...
[13:40.000 --> 13:41.000]  Okay.
[13:41.000 --> 13:43.000]  Well, I think you kind of screwed on this one.
[13:43.000 --> 13:48.000]  I didn't know how familiar you were with the Disrupted Practices Act.
[13:48.000 --> 13:49.000]  No, I am not.
[13:49.000 --> 13:51.000]  That would be Monday night to Eddie Craig.
[13:51.000 --> 13:57.000]  He's a lot more knowledgeable about techs as a collector.
[13:57.000 --> 13:58.000]  Okay.
[13:58.000 --> 14:05.000]  Yeah, because there's a section in there that I guess they even try to pass off a contract.
[14:05.000 --> 14:06.000]  Okay.
[14:06.000 --> 14:07.000]  Yeah.
[14:07.000 --> 14:08.000]  Well, give Eddie a call Monday.
[14:08.000 --> 14:11.000]  He's done a lot of work in that area.
[14:11.000 --> 14:12.000]  Okay.
[14:12.000 --> 14:13.000]  That'll work.
[14:13.000 --> 14:14.000]  Okay.
[14:14.000 --> 14:15.000]  Thank you, Doug.
[14:15.000 --> 14:16.000]  Okay.
[14:16.000 --> 14:19.000]  Now we're going to go to Sonny in Georgia.
[14:19.000 --> 14:21.000]  Hello, Sonny.
[14:21.000 --> 14:22.000]  Good evening, Randy.
[14:22.000 --> 14:23.000]  How are you doing?
[14:23.000 --> 14:25.000]  I am doing good.
[14:25.000 --> 14:31.000]  I'm here in Texas where it's always balmy and never rains.
[14:31.000 --> 14:35.000]  And you buy that story.
[14:35.000 --> 14:36.000]  Okay.
[14:36.000 --> 14:39.000]  What is up in Georgia?
[14:39.000 --> 14:41.000]  Lots of things.
[14:41.000 --> 14:49.000]  I had a quick question for Michael on the Constitution.
[14:49.000 --> 14:59.000]  There's a lot of different people who talk about the Constitution not really being in
[14:59.000 --> 15:07.000]  effect and that when it is used, it's just to sort of keep the ruse going, so to speak.
[15:07.000 --> 15:16.000]  And it would just be interesting to hear Michael's take on some of those theories and on whether,
[15:16.000 --> 15:25.000]  okay, do you just play the game and play the Constitution where they will play or it would
[15:25.000 --> 15:29.000]  just be interesting to hear his take on that.
[15:29.000 --> 15:33.000]  Well, the United States went into bankruptcy in 1933.
[15:33.000 --> 15:43.000]  They took away our gold and silver and gave us fiat Federal Reserve notes, which are colorable
[15:43.000 --> 15:44.000]  money.
[15:44.000 --> 15:51.000]  In order to adjudicate colorable money, they had to invent statutory law, which is colorable
[15:51.000 --> 15:52.000]  law.
[15:52.000 --> 16:08.000]  And there was a 1971 Senate report that says we have four presidentially proclaimed states
[16:08.000 --> 16:17.000]  of national emergency and was one for the Great Depression, one for Korea, two for Vietnam.
[16:17.000 --> 16:20.000]  So why do we care?
[16:20.000 --> 16:24.000]  I mean, these all started in 1933.
[16:24.000 --> 16:30.000]  Technically, my mother never lived a day of her life without a national emergency.
[16:30.000 --> 16:40.000]  Well, basically, Abraham Lincoln started this war powers concept and suggested that when
[16:40.000 --> 16:44.000]  there is an emergency, we can suspend the Constitution.
[16:44.000 --> 16:51.000]  And I'll pick this up again on the other side of the commercial break.
[16:51.000 --> 16:55.000]  Ready to go.
[16:55.000 --> 16:59.000]  We'll be right back.
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[18:00.000 --> 18:05.000]  Through advances in technology, our lives have greatly improved, except in the area
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[19:02.000 --> 19:12.000]  You are listening to the Logos Radio Network, the logosradionetwork.com.
[19:12.000 --> 19:15.000]  Well, don't let them get to you.
[19:15.000 --> 19:18.000]  Only the Father can deliver you.
[19:18.000 --> 19:21.000]  Don't let bad-minded people hurt you.
[19:21.000 --> 19:24.000]  Until Satan gets behind you.
[19:24.000 --> 19:30.000]  Norman, my friend, and all our judges, come.
[19:30.000 --> 19:36.000]  Okay, we are back.
[19:36.000 --> 19:43.000]  Brandon Kelton, Wheel of Our Radio, here with Michael Bannerick, and we're talking to Sonny
[19:43.000 --> 19:45.000]  in Georgia, and Michael was talking.
[19:45.000 --> 19:48.000]  Go ahead, Mike.
[19:48.000 --> 19:52.000]  I forgot what I was...
[19:52.000 --> 19:54.000]  Constitution and fiat money.
[19:54.000 --> 19:56.000]  Oh, that's right.
[19:56.000 --> 19:58.000]  It wasn't Michael's fault.
[19:58.000 --> 20:03.000]  He was talking to Deborah on the break, and Deborah always distracts Michael.
[20:03.000 --> 20:15.000]  So anyway, we've created this private statutory law where the judges can do anything they
[20:15.000 --> 20:16.000]  want.
[20:16.000 --> 20:24.000]  The Constitution does not apply in a statutory court any more than the Constitution
[20:24.000 --> 20:27.000]  applies in a French court.
[20:27.000 --> 20:32.000]  I mean, if we go to Paris and we get into court, I mean, I can quote the U.S.
[20:32.000 --> 20:37.000]  Constitution, but it's not going to do me any good because it's not a valid document
[20:37.000 --> 20:38.000]  there.
[20:38.000 --> 20:43.000]  And what most people don't know is they don't know the different jurisdictions that go
[20:43.000 --> 20:50.000]  into court, assuming that, you know, the Constitution applies when it really doesn't.
[20:50.000 --> 21:01.000]  And so basically, we have to establish our status.
[21:01.000 --> 21:06.000]  Can I teach this in my Constitution class?
[21:06.000 --> 21:10.000]  I am not a United States citizen.
[21:10.000 --> 21:11.000]  Don't want to be.
[21:11.000 --> 21:15.000]  United States citizens have no rights.
[21:15.000 --> 21:19.000]  A United States citizen is a second class of citizen.
[21:19.000 --> 21:23.000]  We the people ordained and established the Constitution.
[21:23.000 --> 21:26.000]  We the people created Congress.
[21:26.000 --> 21:29.000]  Because we the people created Congress, we have more power.
[21:29.000 --> 21:31.000]  Congress works for us.
[21:31.000 --> 21:43.000]  In 1868, 14th Amendment, Congress invented a legal status, a corporate status called
[21:43.000 --> 21:49.000]  United States citizen, which is subject to the jurisdiction of Congress.
[21:49.000 --> 21:58.000]  So if Congress invented United States citizen, then Congress has more power.
[21:58.000 --> 22:03.000]  And so the moment you're born and they lay you wet, cold and crying on your mother's
[22:03.000 --> 22:07.000]  chest, you are we the people.
[22:07.000 --> 22:12.000]  Then you go and get a birth certificate, a Social Security number, a driver's license,
[22:12.000 --> 22:16.000]  a marriage license, a voter registration card.
[22:16.000 --> 22:21.000]  All of these pieces of paper are prima facie evidence.
[22:21.000 --> 22:25.000]  Prima facie means at first glance.
[22:25.000 --> 22:32.000]  And at first glance, it may appear that this is evidence that you are a United States citizen.
[22:32.000 --> 22:36.000]  But if you don't want to be, you don't have to be.
[22:36.000 --> 22:43.000]  And you can remove yourself from that status and be a state citizen.
[22:43.000 --> 22:50.000]  I, for example, am a Texan, proudly, proudly Texan.
[22:50.000 --> 22:57.000]  And so if a French judge comes and says, oh, Monsieur Bednarek, you owe 10,000 French francs.
[22:57.000 --> 23:02.000]  I'm not going to pull out my checkbook and go, gosh, I didn't know it was that high.
[23:02.000 --> 23:07.000]  I'm going to tell the French judge to get the heck out of here because he has no jurisdiction
[23:07.000 --> 23:08.000]  over me.
[23:08.000 --> 23:17.000]  And when a judge in a statutory court says, oh, Mr. Bednarek, you're guilty of speeding,
[23:17.000 --> 23:22.000]  he's like, well, go away, you have no jurisdiction over me because I'm not a United
[23:22.000 --> 23:30.000]  States citizen subject to the jurisdiction and whims of Congress in a statutory
[23:30.000 --> 23:31.000]  environment.
[23:31.000 --> 23:34.000]  I am flesh and blood Texan.
[23:34.000 --> 23:38.000]  I have rights that I am willing to defend.
[23:38.000 --> 23:40.000]  But you have to understand them first.
[23:40.000 --> 23:47.000]  So this is basically the essence of an eight-hour class all in about a five-minute
[23:47.000 --> 23:48.000]  answer.
[23:48.000 --> 23:53.000]  The best way to understand all of this is to take my Constitution class.
[23:53.000 --> 24:00.000]  You know, I'm going to be teaching in Austin a week from tomorrow, March 26th.
[24:00.000 --> 24:07.000]  It's going to be at Cafe Express on Lamar Boulevard just south of a seat in the
[24:07.000 --> 24:14.000]  hospital from 9 a.m. to 6 p.m., which, my gosh, it sounds like a long time.
[24:14.000 --> 24:19.000]  Any of us who remember being in school, watching the clock, we couldn't wait until
[24:19.000 --> 24:25.000]  the bell rang so we can get the hell out of school, this is not like that.
[24:25.000 --> 24:32.000]  I keep you informed and entertained so that at 6 o'clock when the class is over,
[24:32.000 --> 24:35.000]  students are complaining and go, oh, no, we can't quit yet.
[24:35.000 --> 24:40.000]  You know, we've got half a million questions to answer, to ask.
[24:40.000 --> 24:49.000]  So the class is dynamic, it's interactive, it's widely educational, and it will
[24:49.000 --> 24:52.000]  change your life.
[24:52.000 --> 25:03.000]  And so I think that if you go to my website, ConstitutionPreservation.org, you
[25:03.000 --> 25:08.000]  can go to my calendar and see where I've already taught.
[25:08.000 --> 25:13.000]  And let me read just one comment.
[25:13.000 --> 25:19.000]  I taught a class in Oregon just a couple weeks ago, and I asked my students to
[25:19.000 --> 25:24.000]  give me a rating from one to five stars.
[25:24.000 --> 25:30.000]  And I think in 60 students, I've had a unanimous five-star rating.
[25:30.000 --> 25:36.000]  And this woman says, this is not your high school history class.
[25:36.000 --> 25:43.000]  Michael Badnarek's class is amazing and a must-have for anyone who is concerned
[25:43.000 --> 25:49.000]  about the direction of our future and wants to be empowered to understand our
[25:49.000 --> 25:51.000]  rights and the Constitution.
[25:51.000 --> 25:57.000]  Not only does Michael break down concepts in a digestible manner, he provides
[25:57.000 --> 26:04.000]  actionable items and a context for what is relevant to today and tomorrow.
[26:04.000 --> 26:10.000]  His enthusiasm, thoroughness, and expertise is a rare experience that
[26:10.000 --> 26:13.000]  should not be missed.
[26:13.000 --> 26:16.000]  So this is not me blowing my own horn.
[26:16.000 --> 26:22.000]  This is the type of comment that I get from people who take my class.
[26:22.000 --> 26:27.000]  Most people think that, you know, $100 is too much, eight hours is too long,
[26:27.000 --> 26:30.000]  and oh, by the way, I already know everything about the Constitution.
[26:30.000 --> 26:32.000]  Turns out that none of that is true.
[26:32.000 --> 26:36.000]  Most of my students wish the class lasted for several days.
[26:36.000 --> 26:42.000]  So I invite you to go to my website, constitutionpreservation.org, give me a call.
[26:42.000 --> 26:50.000]  I went to Michael's class, and I was astounded at what I did not know.
[26:50.000 --> 26:56.000]  So, yes, it's full of very good information.
[26:56.000 --> 27:05.000]  Sonny, are you going to drive down here to Texas to go to Michael's course?
[27:05.000 --> 27:12.000]  Well, I would love to catch it on a webinar or something like that.
[27:12.000 --> 27:19.000]  I'm not in a position to drive down there for this particular show, but I would
[27:19.000 --> 27:23.000]  love to hear it.
[27:23.000 --> 27:28.000]  Well, help me organize a class in Georgia.
[27:28.000 --> 27:34.000]  How many attendees do you need?
[27:34.000 --> 27:42.000]  Well, I'd like to have about 25, but I need to make it profitable.
[27:42.000 --> 27:47.000]  You know, if I'm going to drive or fly to get there and stay in a hotel,
[27:47.000 --> 27:49.000]  I'm going to have expenses.
[27:49.000 --> 27:57.000]  So, you know, give me a phone call, 512-461-0995.
[27:57.000 --> 27:58.000]  Call me.
[27:58.000 --> 27:59.000]  Let's negotiate.
[27:59.000 --> 28:01.000]  And I can be ad.
[28:01.000 --> 28:04.000]  I am very easy.
[28:04.000 --> 28:11.000]  If you want to learn liberty, I am your guy.
[28:11.000 --> 28:17.000]  Well, that brings up an interesting question from my point of view on being a
[28:17.000 --> 28:19.000]  state citizen.
[28:19.000 --> 28:30.000]  Can a state citizen who's not a U.S. citizen file bankruptcy in a federal court?
[28:30.000 --> 28:36.000]  Or is that something that's not in his capacity to do?
[28:36.000 --> 28:40.000]  I've never been asked that question before.
[28:40.000 --> 28:46.000]  I would like to think about it before I give a definitive answer.
[28:46.000 --> 28:48.000]  I don't like to be wrong.
[28:48.000 --> 28:51.000]  I'd rather be stupid than wrong.
[28:51.000 --> 28:55.000]  So what I'll do is I'll say I don't know the answer to that right now.
[28:55.000 --> 28:59.000]  Call me in a couple days and let me think about it.
[28:59.000 --> 29:04.000]  That was an interesting question, Sonny.
[29:04.000 --> 29:12.000]  The idea that if we're a state citizen, can we avail ourselves of the federal courts?
[29:12.000 --> 29:18.000]  What I'm thinking, I'm a state citizen and I filed a state suit recently and they
[29:18.000 --> 29:21.000]  removed it to the federal courts.
[29:21.000 --> 29:29.000]  If I maintain that I'm not a U.S. citizen, then they can't pull me in and I'm
[29:29.000 --> 29:32.000]  claiming they can't pull me into the federal courts.
[29:32.000 --> 29:33.000]  Hang on.
[29:33.000 --> 29:34.000]  We're about to break.
[29:34.000 --> 29:37.000]  This is Randy Kelton, Roo by Radio.
[29:37.000 --> 29:40.000]  I called in number 512-646-1984.
[29:40.000 --> 29:42.000]  Chris, Mark, we see you there.
[29:42.000 --> 29:43.000]  We'll get to everybody.
[29:43.000 --> 29:48.000]  So if you have a question or comment, give us a call because the call is due when we
[29:48.000 --> 29:49.000]  pick up toward the end.
[29:49.000 --> 29:51.000]  So make sure you give us a call.
[29:51.000 --> 29:52.000]  Get in line.
[29:52.000 --> 30:02.000]  We'll be right back.
[30:02.000 --> 30:05.000]  If you're having trouble breathing, you might want to reach for a bitter tasting substance
[30:05.000 --> 30:08.000]  like grapefruit peel and take a big whiff.
[30:08.000 --> 30:11.000]  I'm Dr. Catherine Albrecht and in a moment I'll tell you how bitter foods could be
[30:11.000 --> 30:15.000]  traditional inhalers for opening blocked air passages.
[30:15.000 --> 30:17.000]  Privacy is under attack.
[30:17.000 --> 30:20.000]  When you give up data about yourself, you'll never get it back again.
[30:20.000 --> 30:25.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.000 --> 30:27.000]  So protect your rights.
[30:27.000 --> 30:31.000]  Say no to surveillance and keep your information to yourself.
[30:31.000 --> 30:34.000]  If you don't have privacy, it's worth hanging onto.
[30:34.000 --> 30:38.000]  This public service announcement is brought to you by StartPage.com, the private search
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[30:45.000 --> 30:49.000]  Bitter foods may soon give pharmaceutical inhalers a run for their money.
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[30:53.000 --> 30:56.000]  than any known asthma medication on the market.
[30:56.000 --> 31:01.000]  Apparently the bitter taste receptors we have in our tongues are also present in our lungs.
[31:01.000 --> 31:04.000]  If something tastes bitter in your mouth, the receptors in your lungs will pick up the
[31:04.000 --> 31:06.000]  bitter scent molecules too.
[31:06.000 --> 31:09.000]  The lungs react by opening up the airways.
[31:09.000 --> 31:13.000]  Scientists are experimenting with aerosols made of bitter substances like quinine, the
[31:13.000 --> 31:16.000]  ingredient that gives tonic water its bite.
[31:16.000 --> 31:20.000]  They believe this could help bring relief to millions of people suffering with bronchitis,
[31:20.000 --> 31:22.000]  emphysema, and asthma.
[31:22.000 --> 31:23.000]  I'm Dr. Catherine Albrecht.
[31:23.000 --> 31:26.000]  More news and information at CatherineAlbrecht.com.
[31:54.000 --> 32:02.000]  and see what our powder, seeds, and oil can do for you, only at mqsa.org.
[32:02.000 --> 32:05.000]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:05.000 --> 32:07.000]  In today's America, we live in an us-against-them society.
[32:07.000 --> 32:10.000]  And if we, the people, are ever going to have a free society, then we're going to have to
[32:10.000 --> 32:12.000]  stand and defend our own rights.
[32:12.000 --> 32:15.000]  Among those rights are the right to travel freely from place to place, the right to act
[32:15.000 --> 32:19.000]  in our own private capacity, and most importantly, the right to due process of law.
[32:19.000 --> 32:23.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:23.000 --> 32:25.000]  our rights through due process.
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[32:29.000 --> 32:33.000]  the most comprehensive teaching tool available that will help you understand what due process
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[33:19.000 --> 33:25.000]  Okay, we are back on Rule of Law Radio and we're talking to Sonny in Georgia.
[33:25.000 --> 33:31.000]  And Sonny, okay, what else do you have for us tonight?
[33:31.000 --> 33:39.000]  Well, the reason the bankruptcy question is relevant to me is I just recently filed a
[33:39.000 --> 33:50.000]  Chapter 7 and I'm holding, or at least I think I hold the position that I have not had income
[33:50.000 --> 33:55.000]  according to, by their own definition, for quite some time.
[33:55.000 --> 34:05.000]  And so I don't have tax returns filed and so I don't even know if I can even go through
[34:05.000 --> 34:10.000]  this bankruptcy without quote unquote tax returns.
[34:10.000 --> 34:13.000]  Okay, hang on.
[34:13.000 --> 34:16.000]  That raises some questions.
[34:16.000 --> 34:18.000]  Okay.
[34:18.000 --> 34:30.000]  When you say you have no income, are you speaking to the issue of you've received no green dollars?
[34:30.000 --> 34:42.000]  I'm speaking along the lines of I guess people like Tom Cryer talking about the definition
[34:42.000 --> 34:50.000]  of gross income and how it really doesn't apply to the average person seeing how you're not.
[34:50.000 --> 35:00.000]  And I forget the exact wording of the statute in Title 26.
[35:00.000 --> 35:09.000]  But Tom Cryer has some videos as well as some other people that go into a lot of detail
[35:09.000 --> 35:18.000]  on what that means and how it just doesn't apply.
[35:18.000 --> 35:24.000]  Okay, that was absolutely unclear.
[35:24.000 --> 35:25.000]  Okay.
[35:25.000 --> 35:32.000]  You're not saying that you did not accrue value.
[35:32.000 --> 35:37.000]  You're saying you did not receive taxable income.
[35:37.000 --> 35:39.000]  Am I correct in that?
[35:39.000 --> 35:41.000]  Yes.
[35:41.000 --> 35:42.000]  Be careful.
[35:42.000 --> 35:45.000]  You're treading deep water.
[35:45.000 --> 35:54.000]  You know, when it comes to the tax law, the IRS, they seem not to really care much about
[35:54.000 --> 35:56.000]  what the law says.
[35:56.000 --> 36:01.000]  And they will certainly test your belligerence.
[36:01.000 --> 36:07.000]  And by belligerence, I mean rights belong to the belligerent litigant.
[36:07.000 --> 36:15.000]  So you could get into a pretty steep fight when you follow some of these supposed tax
[36:15.000 --> 36:16.000]  gurus.
[36:16.000 --> 36:24.000]  And I'm not saying that you guys are not accurate, not correct, because even when you are correct,
[36:24.000 --> 36:28.000]  they can still come after you and give you a good fight.
[36:28.000 --> 36:31.000]  So I'm always real cautious about that.
[36:31.000 --> 36:37.000]  And on the break, Michael and I were talking about bad case law.
[36:37.000 --> 36:44.000]  I just looked up a case that over an issue I had been hearing from the Patriot community
[36:44.000 --> 36:51.000]  for quite a while, the assertion that if a government agency looks on your property
[36:51.000 --> 36:55.000]  with binoculars, that's a taking.
[36:55.000 --> 37:01.000]  And I read the case law they used to support it, and it did not support that at all.
[37:01.000 --> 37:09.000]  So make sure when you rely on references in case law from somebody else that you look
[37:09.000 --> 37:13.000]  at the case and make sure it says what it says it says.
[37:13.000 --> 37:15.000]  And that's not hard to do.
[37:15.000 --> 37:17.000]  Look up the case on the Internet.
[37:17.000 --> 37:21.000]  You can find almost any case you name, you'll find it on the Internet.
[37:21.000 --> 37:24.000]  Occasionally, I don't find one, but it's rare.
[37:24.000 --> 37:30.000]  And then once it comes up, whatever the issue was, you use the keywords and hit Control-F
[37:30.000 --> 37:32.000]  and that'll give you a search screen down at the bottom.
[37:32.000 --> 37:38.000]  You put that in and search the document for your keywords, and you can find it relatively quickly.
[37:38.000 --> 37:41.000]  You don't have to read the whole case.
[37:41.000 --> 37:47.000]  But make sure that what they're saying, the law says it actually says.
[37:47.000 --> 37:54.000]  And that's just my standard kind of warning on those issues.
[37:54.000 --> 37:57.000]  Okay.
[37:57.000 --> 37:59.000]  Okay.
[37:59.000 --> 38:10.000]  And you're thinking that the fact that you have no need to file a tax return will get
[38:10.000 --> 38:13.000]  your bankruptcy kicked out?
[38:13.000 --> 38:18.000]  That's what I'm suspecting, but I'm just not sure.
[38:18.000 --> 38:27.000]  And that kind of goes to your question about not being a citizen.
[38:27.000 --> 38:39.000]  Michael, am I correct in thinking that if I am trading in this fiat currency that I'm
[38:39.000 --> 38:44.000]  in an adhesion contract with the U.S. government?
[38:44.000 --> 38:52.000]  That's what the implication is, and you have to reject that idea.
[38:52.000 --> 38:56.000]  You see, the government makes a lot of assumptions.
[38:56.000 --> 39:04.000]  And if you don't refute the assumption, then it's assumed to be true.
[39:04.000 --> 39:12.000]  And if I go into anything, any affirmation made in court is assumed to be true unless
[39:12.000 --> 39:13.000]  it's refuted.
[39:13.000 --> 39:22.000]  So if I go into court and I allege that the moon is made of the green cheese, and if nobody
[39:22.000 --> 39:29.000]  argues with me, then from a legal standpoint, the moon is made of the green cheese.
[39:29.000 --> 39:35.000]  And we're going to operate as if it did, whether that is true or not.
[39:35.000 --> 39:45.000]  And so when you go into any court, they are assuming that you are a United States citizen,
[39:45.000 --> 39:54.000]  that you have volunteered, you've chosen to be subject to their jurisdiction of Congress.
[39:54.000 --> 40:01.000]  Well, if that assertion is not true, you need to stand up and say so.
[40:01.000 --> 40:13.000]  But only United States citizens are allowed to pay taxes to the IRX.
[40:13.000 --> 40:21.000]  So if you're not a United States citizen and you're not using a Social Security number,
[40:21.000 --> 40:25.000]  then it's impossible for you to fill out the paperwork.
[40:25.000 --> 40:35.000]  You have to have the number, you have to be a United States citizen, and you've got to
[40:35.000 --> 40:40.000]  accept the fact that you are a slave.
[40:40.000 --> 40:50.000]  So if you're an alien in this country, say you're a British national in this country,
[40:50.000 --> 40:53.000]  can you not be taxed or is there a provision for that?
[40:53.000 --> 40:56.000]  There is a provision for them to be taxed.
[40:56.000 --> 41:08.000]  But the status, the status of being a state citizen means that you are one of we the people
[41:08.000 --> 41:11.000]  mentioned in the preamble.
[41:11.000 --> 41:23.000]  And it fits that if I'm a foreign national, I come here under a contractual condition.
[41:23.000 --> 41:24.000]  Right.
[41:24.000 --> 41:29.000]  If I'm a state citizen, that's a different issue.
[41:29.000 --> 41:30.000]  Yes.
[41:30.000 --> 41:31.000]  Okay.
[41:31.000 --> 41:41.000]  And I probably need some, probably who we need is Harmon Taylor.
[41:41.000 --> 41:49.000]  Every time I have Harmon Taylor on the show, I get a headache for three days.
[41:49.000 --> 41:50.000]  It takes me that long.
[41:50.000 --> 41:56.000]  He is so deep and so full of information, it takes me that long to catch up.
[41:56.000 --> 42:01.000]  He is really well versed on this particular issue.
[42:01.000 --> 42:06.000]  Okay, Sonny, do you have anything else for us?
[42:06.000 --> 42:07.000]  Yes.
[42:07.000 --> 42:21.000]  On getting something on the record, I just recently had a judge deny my injunction to
[42:21.000 --> 42:26.000]  a quiet title hearing and he...
[42:26.000 --> 42:27.000]  Okay.
[42:27.000 --> 42:28.000]  Wait, wait, wait.
[42:28.000 --> 42:29.000]  You said injunction.
[42:29.000 --> 42:35.000]  Did he deny the quiet title or did he deny something associated with the quiet title
[42:35.000 --> 42:36.000]  action?
[42:36.000 --> 42:38.000]  He denied the injunction.
[42:38.000 --> 42:42.000]  I was trying to get an injunction to stop...
[42:42.000 --> 42:43.000]  Okay.
[42:43.000 --> 42:44.000]  Hold on.
[42:44.000 --> 42:45.000]  Hold on.
[42:45.000 --> 42:47.000]  A quiet title action is an injunction.
[42:47.000 --> 42:52.000]  The reason I'm asking the question the way I'm asking, were you trying to give a preliminary
[42:52.000 --> 42:59.000]  injunction in the form of a stay of proceedings in some fashion?
[42:59.000 --> 43:00.000]  Yes.
[43:00.000 --> 43:01.000]  Okay.
[43:01.000 --> 43:04.000]  So you're asking for a restraining order.
[43:04.000 --> 43:05.000]  Yes.
[43:05.000 --> 43:06.000]  Okay.
[43:06.000 --> 43:09.000]  For an eviction.
[43:09.000 --> 43:18.000]  Okay, because a quiet title action where you're asking the judge to make a ruling based on
[43:18.000 --> 43:25.000]  law, but you're not asking for damages or harm, then you're asking for injunctive relief.
[43:25.000 --> 43:32.000]  And I want to make sure we didn't get that mixed up with restraining order.
[43:32.000 --> 43:37.000]  And restraining order is also an injunction because you're not asking for any money.
[43:37.000 --> 43:38.000]  Okay.
[43:38.000 --> 43:39.000]  Right.
[43:39.000 --> 43:48.000]  And so after the hearing, after he denied that in his order, he said that I did not
[43:48.000 --> 43:49.000]  present...
[43:49.000 --> 43:55.000]  He said I was not likely to win on the merits and that I did not present any evidence and
[43:55.000 --> 43:57.000]  I was baffled by that.
[43:57.000 --> 43:58.000]  Okay.
[43:58.000 --> 43:59.000]  Okay.
[43:59.000 --> 44:00.000]  Hang on.
[44:00.000 --> 44:01.000]  Hello.
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[46:15.000 --> 46:27.000]  Okay, we are back. Randy Carleton with Rule of Law Radio and we're talking to Sonny in Georgia.
[46:27.000 --> 46:30.000]  Okay, where were we, Sonny?
[46:30.000 --> 46:41.000]  The judge had said in his order that I did not present any evidence at the hearing
[46:41.000 --> 46:49.000]  and I was baffled because the pleading with my affidavits, with all the exhibits,
[46:49.000 --> 46:54.000]  I just thought they were already on the record and is it true?
[46:54.000 --> 47:04.000]  It depends on, the exhibits are not on the record unless they are referenced in the record.
[47:04.000 --> 47:11.000]  I'd have to read your pleading to be able to determine if you got facts on the record.
[47:11.000 --> 47:20.000]  When I'm doing a quiet title action, I start out with generally a quiet title action is based on
[47:20.000 --> 47:26.000]  documents filed in the record, almost always is based on the documents filed in the record
[47:26.000 --> 47:29.000]  because that's where a claim originates.
[47:29.000 --> 47:36.000]  So I start out with on the 20th day of September 2004, there was filed with the county recorder,
[47:36.000 --> 47:42.000]  a document, given document number so-and-so and titled as follows.
[47:42.000 --> 47:48.000]  And I go to the document, capture out the title of the document, drop it in.
[47:48.000 --> 47:55.000]  And the document averse in pertinent part as follows and I capture out the pertinent part and drop it in.
[47:55.000 --> 48:05.000]  This is a statement of facts. You're stating facts and you can ask the court to take judicial notice of these facts.
[48:05.000 --> 48:13.000]  Now, you can put in incontrovertible facts this way.
[48:13.000 --> 48:20.000]  Anything that's in the public record, you cite it in the case, you state it.
[48:20.000 --> 48:25.000]  And by saying on this day at this time, there was filed with the county recorder,
[48:25.000 --> 48:33.000]  that's establishing foundation for the facts that say a deed of trust has been filed.
[48:33.000 --> 48:43.000]  Okay. Once you have the facts that are incontrovertible, then you prepare essentially a narrative,
[48:43.000 --> 48:56.000]  stating your facts but enough information to show why that fact is relevant to this case.
[48:56.000 --> 49:08.000]  That on this day at this time, I entered into negotiations with this party by telephone or by fax or by letter.
[49:08.000 --> 49:20.000]  And said letter C, said letter attached as exhibit A. Now you have exhibit A in the record as a fact.
[49:20.000 --> 49:29.000]  And it's not enough to state facts. You have to show why the fact is relevant.
[49:29.000 --> 49:33.000]  You have to establish foundation for your facts.
[49:33.000 --> 49:43.000]  So get out the rules of evidence. It will tell you how to get your facts on the record.
[49:43.000 --> 49:46.000]  There's not that much to it. There's not a lot to it.
[49:46.000 --> 49:53.000]  But just go through it very quickly and then look at what the judge stated.
[49:53.000 --> 50:00.000]  Now the judge may be just blowing you off. You may actually have them in the record.
[50:00.000 --> 50:06.000]  Did you ask for findings of fact and conclusions at law?
[50:06.000 --> 50:08.000]  Not yet.
[50:08.000 --> 50:13.000]  Okay. You need to do that because the judge only has two duties,
[50:13.000 --> 50:22.000]  determine the facts in accordance with the rules of evidence and apply the law to the facts as the law comes to him.
[50:22.000 --> 50:27.000]  It's not the place of the judge to go do legal research, although I guess he can if he wants to.
[50:27.000 --> 50:32.000]  It is his place to determine the facts and apply the law.
[50:32.000 --> 50:39.000]  So if he said you didn't provide facts, that's a real good reason to dump your case.
[50:39.000 --> 50:49.000]  So before you criticize the judge too much, go back and look and make sure you have provided facts correctly.
[50:49.000 --> 50:56.000]  And apparently he didn't dismiss your case. He just denied the preliminary injunction.
[50:56.000 --> 50:58.000]  That's correct.
[50:58.000 --> 51:08.000]  Did the other side file a summary judgment motion to dismiss or a motion to dismiss for failure of state of claim?
[51:08.000 --> 51:16.000]  No. They've not even answered the quiet title yet.
[51:16.000 --> 51:25.000]  And I was thinking about amending that. Since I may not have this pleaded exactly right, I may need to amend it.
[51:25.000 --> 51:38.000]  Okay. You might contact the defendant and tell them that you are preparing to file an amended
[51:38.000 --> 51:44.000]  and ask them not to bother answering this yet.
[51:44.000 --> 51:50.000]  Don't spend your time and money answering this that you're filing an amended.
[51:50.000 --> 52:01.000]  You generally can file an amended before the other side answers without permission of the court.
[52:01.000 --> 52:10.000]  So if the judge has denied a preliminary injunction, you might state that the court's criticism is well found.
[52:10.000 --> 52:18.000]  You find the court's criticism well founded and file this amended pleading to correct the weakness of your original pleading.
[52:18.000 --> 52:26.000]  And generally the courts are real open to that because whatever we may think of them,
[52:26.000 --> 52:36.000]  they at least try to give the impression that they want both sides to be well heard and well pleaded
[52:36.000 --> 52:41.000]  so that they can make a proper decision.
[52:41.000 --> 52:45.000]  So generally they'll allow you to do that amendment.
[52:45.000 --> 52:57.000]  But going back to Harmon Taylor, he always treats judges as if their orders are instruments to teach.
[52:57.000 --> 53:04.000]  He talks about a judge hitting him with a pad at two by four to knock some sense into him.
[53:04.000 --> 53:11.000]  He always treats these orders by judges as instructions on how to get what you want.
[53:11.000 --> 53:17.000]  This is what I needed, this is what you did, this is what you didn't do, this is what you should have done.
[53:17.000 --> 53:20.000]  So look at his old order from that perspective.
[53:20.000 --> 53:26.000]  And first thing, get the rules of evidence, read through it.
[53:26.000 --> 53:33.000]  It's not as big, it's a big in size volume, but 90% of it's peculiar stuff that you don't care about.
[53:33.000 --> 53:35.000]  Just read the general stuff in the front.
[53:35.000 --> 53:39.000]  As a process, you'll have enough down that you'll know if you had it or not.
[53:39.000 --> 53:41.000]  Does that make sense?
[53:41.000 --> 53:44.000]  Or am I just rambling?
[53:44.000 --> 53:52.000]  No, that's very good advice.
[53:52.000 --> 54:00.000]  And have you looked for a litigation guide for Georgia?
[54:00.000 --> 54:06.000]  I did find one and it was out of my price range.
[54:06.000 --> 54:09.000]  Okay, okay.
[54:09.000 --> 54:12.000]  How is the litigation guide made?
[54:12.000 --> 54:26.000]  Do they have loosely deep folders where they add changes to it or is it in printed volumes?
[54:26.000 --> 54:30.000]  Okay, coming back, let me explain why I asked this question.
[54:30.000 --> 54:37.000]  In California, the primary ones are in loosely folders and when there are changes,
[54:37.000 --> 54:42.000]  they send the lawyers out the changes, they don't send them new volumes.
[54:42.000 --> 54:48.000]  In Texas, we have books and primarily O'Connor's.
[54:48.000 --> 54:52.000]  And every couple of years, they print new books.
[54:52.000 --> 55:01.000]  If they print new books, then the lawyer gets the new ones and he don't use the old ones.
[55:01.000 --> 55:06.000]  Let's say you've got Carpenter v. Longan.
[55:06.000 --> 55:12.000]  Carpenter v. Longan is an 1870s case.
[55:12.000 --> 55:16.000]  You don't want to quote an 1870s case.
[55:16.000 --> 55:22.000]  Now, Carpenter v. Longan is still good law, but you still don't want to quote it directly.
[55:22.000 --> 55:32.000]  What you want to do is quote this case from last year that cited Carpenter v. Longan.
[55:32.000 --> 55:38.000]  So you would put in Carpenter v. Longan as cited by this recent case.
[55:38.000 --> 55:46.000]  That way the judge doesn't have to worry about Carpenter v. Longan being a bad case
[55:46.000 --> 55:48.000]  because it's cited in another case.
[55:48.000 --> 55:54.000]  So every time a new set of books comes out, they get all the latest case law in it.
[55:54.000 --> 56:01.000]  And they have all of the forms for crafting your documents in there.
[56:01.000 --> 56:12.000]  If you can't find a litigation guide, let me finish, if they have printed books,
[56:12.000 --> 56:18.000]  when the new one comes out, the lawyers all buy the new ones.
[56:18.000 --> 56:21.000]  And you've got all these old ones sitting around.
[56:21.000 --> 56:27.000]  Well, I'm a pro se. I don't care if I cite two-year-old law.
[56:27.000 --> 56:31.000]  99% of it never changes anyway.
[56:31.000 --> 56:36.000]  And lawyers have to do this for the judges, but we're not lawyers
[56:36.000 --> 56:40.000]  and they don't expect us to be quite as meticulously thorough.
[56:40.000 --> 56:42.000]  So you call the law office.
[56:42.000 --> 56:47.000]  I had someone in Amarillo do this, and she told him she was homeschooling
[56:47.000 --> 56:49.000]  and doing a law course for her kids.
[56:49.000 --> 56:53.000]  Do you have any old litigation guides laid around?
[56:53.000 --> 57:03.000]  Second law office she called said, do you have a station wagon or a pickup truck?
[57:03.000 --> 57:06.000]  They get these new ones and shove the old ones back in the closet
[57:06.000 --> 57:11.000]  and they're too heavy and cumbersome to take out, so they just leave them there.
[57:11.000 --> 57:15.000]  So check that and they'd be able to find you a new set of, you know,
[57:15.000 --> 57:19.000]  two-year-old, three-year-old set of litigation guides that do you just fine.
[57:19.000 --> 57:25.000]  The litigation guides will have a form for a preliminary injunction.
[57:25.000 --> 57:29.000]  A friend of mine wrote one, said it to me, what do you think?
[57:29.000 --> 57:33.000]  It was exactly for your situation and eviction.
[57:33.000 --> 57:36.000]  Ken Magnuson, he's my civil go-to guy.
[57:36.000 --> 57:37.000]  I said, what do you think?
[57:37.000 --> 57:38.000]  Speak scrap, Ken.
[57:38.000 --> 57:39.000]  You think you can do better?
[57:39.000 --> 57:40.000]  You bet I can.
[57:40.000 --> 57:41.000]  So I wrote him one.
[57:41.000 --> 57:42.000]  He goes to court.
[57:42.000 --> 57:43.000]  He gets his preliminary injunction.
[57:43.000 --> 57:45.000]  The lawyer come out and said, are you a lawyer?
[57:45.000 --> 57:48.000]  And he said, well, no, but my brother is.
[57:48.000 --> 57:49.000]  Did you write this?
[57:49.000 --> 57:50.000]  Well, I had some help.
[57:50.000 --> 57:54.000]  And the lawyer said, this is very good.
[57:54.000 --> 58:01.000]  I didn't tell Ken that I took O'Connor's forms and filled in the blanks.
[58:01.000 --> 58:09.000]  The judge saw a preliminary injunction that looked exactly like the ones he gets every day.
[58:09.000 --> 58:13.000]  Same case law, everything exactly where he expected to find it.
[58:13.000 --> 58:17.000]  And he didn't realize the lawyer hadn't written it, just granted it.
[58:17.000 --> 58:25.000]  If the one Ken wrote, no matter how good it was, the judge would have realized it wasn't a lawyer.
[58:25.000 --> 58:28.000]  And he would have dumped it.
[58:28.000 --> 58:31.000]  So look for litigation, guys.
[58:31.000 --> 58:35.000]  We need to finish up quickly on the other side because it's got a whole stack of callers.
[58:35.000 --> 58:36.000]  But hang on, Sonny.
[58:36.000 --> 58:37.000]  We're going to break.
[58:37.000 --> 58:39.000]  Ready to count on Wheelbarrow Radio.
[58:39.000 --> 58:41.000]  Chris, Mark, David, I see you there.
[58:41.000 --> 58:42.000]  We'll try to get to everybody.
[58:42.000 --> 58:50.000]  We'll be right back.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:24.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.000 --> 59:27.000]  growing in Christ, and how to build up the church.
[59:27.000 --> 59:33.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.000 --> 59:40.000]  call Bibles for America toll free at 888-551-0102.
[59:40.000 --> 59:45.000]  That's 888-551-0102.
[59:45.000 --> 59:52.000]  Or visit us online at bfa.org.
[59:52.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.000 --> 01:00:05.000]  The following use flash is brought to you by the Lone Star Lowdown,
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[01:00:08.000 --> 01:00:21.000]  Today in history, news updates, and the inside scoop into the tides of the alternatives.
[01:00:21.000 --> 01:00:28.000]  Markets for Friday, the 18th of March, 2016, are currently treading with gold at $1,255.09 an ounce,
[01:00:28.000 --> 01:00:33.000]  silver at $15.79 an ounce, Texas crude at $40.20 a barrel,
[01:00:33.000 --> 01:00:43.000]  and Bitcoin is currently sitting at about $409 U.S. currency.
[01:00:43.000 --> 01:00:50.000]  Today in history, the year 1314, Jacquez de Malay, the 23rd and last Grand Master of the Knights Templar,
[01:00:50.000 --> 01:00:54.000]  is burned at the stake at a scaffold in front of Notre Dame by decree of the Cardinals
[01:00:54.000 --> 01:00:59.000]  in conjunction with the Archbishop of Seine and some other prelates who were called in.
[01:00:59.000 --> 01:01:03.000]  Templar Grand Masters de Malay and Tornay were slowly burned to death
[01:01:03.000 --> 01:01:11.000]  for refusing to recant their heretical beliefs today in history.
[01:01:11.000 --> 01:01:16.000]  In recent news, Salah Absalom, Europe's most wanted man for being suspected of physically partaking
[01:01:16.000 --> 01:01:19.000]  in the Paris Islamic State shootings November of last year,
[01:01:19.000 --> 01:01:22.000]  was captured today after a shootout in Brussels.
[01:01:22.000 --> 01:01:27.000]  This capture finally giving investigators the first suspected active participant to be taken alive.
[01:01:27.000 --> 01:01:31.000]  Prosecutors said a second wanted man, who used the false name of Amin Chakuri,
[01:01:31.000 --> 01:01:33.000]  was also wounded and captured in the raid.
[01:01:33.000 --> 01:01:38.000]  Luckily, French President Francois Hollande was visiting Brussels for a European summit
[01:01:38.000 --> 01:01:43.000]  and was able to personally conduct a joint news conference with the Belgian Prime Minister Charles Michel
[01:01:43.000 --> 01:01:48.000]  where he said that France would request very soon the extradition of Salah Absalom.
[01:01:48.000 --> 01:01:53.000]  Security services will obviously be seeking information on the Islamic State plans and structures,
[01:01:53.000 --> 01:01:58.000]  his contacts in Europe and in Syria, and looking into his support and financial networks,
[01:01:58.000 --> 01:02:07.000]  police did obtain Absalom's fingerprints as well as fake Syrian and Belgian identity documents.
[01:02:07.000 --> 01:02:10.000]  Radar scans of King Tut's burial chamber have revealed two hidden compartments.
[01:02:10.000 --> 01:02:16.000]  Yesterday, at a Cairo news conference, Egyptian antiquities minister Mumdou Aldamadi declined to comment
[01:02:16.000 --> 01:02:20.000]  on whether any royal treasure or more mummies might be inside of the rooms,
[01:02:20.000 --> 01:02:25.000]  but did state that the unexplored chambers could hold some kind of organic or metal objects.
[01:02:25.000 --> 01:02:29.000]  He also showed the results of the radar scans that revealed anomalies in the walls of the tomb,
[01:02:29.000 --> 01:02:34.000]  indicating a possible hidden door and rooms behind false walls that were covered up
[01:02:34.000 --> 01:02:36.000]  and painted over with hieroglyphics.
[01:02:36.000 --> 01:02:39.000]  The radar scans of the chamber taken last year and analyzed in Japan
[01:02:39.000 --> 01:02:42.000]  are set to be repeated at the end of the month for verification.
[01:02:42.000 --> 01:02:46.000]  The OnStar Lowdown is currently looking to fill some ad slots.
[01:02:46.000 --> 01:02:50.000]  If there's a product or service that you'd like to advertise with us, feel free to give me a call at
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[01:02:54.000 --> 01:03:18.000]  This has been Rick Roady with your Lowdown from March 18, 2016.
[01:03:18.000 --> 01:03:25.000]  Okay, we are back, Brandon Kelton, Root Law Radio, and we're talking to Sonny and Georgia's Sonny.
[01:03:25.000 --> 01:03:33.000]  So if you can't find a litigation guide, then go down to the court and pull up some,
[01:03:33.000 --> 01:03:41.000]  look at the eviction in the court and pull up some prior cases and see what the lawyers are filing.
[01:03:41.000 --> 01:03:47.000]  Take one of their documents and plagiarize.
[01:03:47.000 --> 01:03:49.000]  You there, Sonny?
[01:03:49.000 --> 01:03:50.000]  Yes, yes.
[01:03:50.000 --> 01:03:51.000]  Okay.
[01:03:51.000 --> 01:03:52.000]  Plagiarize, plagiarize.
[01:03:52.000 --> 01:03:55.000]  Never write it yourself if you can avoid it.
[01:03:55.000 --> 01:04:02.000]  And what you want, and this doesn't go to law, it goes to how human beings do what human beings do.
[01:04:02.000 --> 01:04:10.000]  You want your pleading to look exactly like what the judge gets all the time.
[01:04:10.000 --> 01:04:15.000]  You want him to see all the issues exactly where he expects to see them,
[01:04:15.000 --> 01:04:21.000]  and that's because most of these lawyers use standard forms that are in the litigation guides.
[01:04:21.000 --> 01:04:31.000]  So if you can't get the litigation guide, get one of the lawyers already filed and just change it so it fits your case.
[01:04:31.000 --> 01:04:33.000]  Does that make sense?
[01:04:33.000 --> 01:04:40.000]  Yeah, do you ask the clerk for some of those cases or would you do a search?
[01:04:40.000 --> 01:04:45.000]  Take your case, if they have the computer searches where you can look at them in the computer,
[01:04:45.000 --> 01:04:52.000]  just take your number and start taking numbers off of it so you back up cases and pull up the cases.
[01:04:52.000 --> 01:04:53.000]  This is the eviction court.
[01:04:53.000 --> 01:04:55.000]  They're all going to be mostly the same.
[01:04:55.000 --> 01:05:03.000]  Generally, the courts use cause numbers to tell them what kind of case it is.
[01:05:03.000 --> 01:05:10.000]  So if you only change the numbers on the end, you'll get pretty much the same kind of cases.
[01:05:10.000 --> 01:05:18.000]  Or just ask the clerk, you know, I want to look at the last 10 eviction cases.
[01:05:18.000 --> 01:05:20.000]  And the clerks are really good about this stuff.
[01:05:20.000 --> 01:05:23.000]  They don't mess with you.
[01:05:23.000 --> 01:05:28.000]  They're there to make stuff available to you, and they like doing stuff like that as a rule.
[01:05:28.000 --> 01:05:35.000]  I never had problems with clerks, or almost never.
[01:05:35.000 --> 01:05:38.000]  Well, at least twice, right?
[01:05:38.000 --> 01:05:39.000]  Right, yeah.
[01:05:39.000 --> 01:05:42.000]  You never mess with the clerks.
[01:05:42.000 --> 01:05:46.000]  You be friendly with the clerks, and a clerk can really help you out.
[01:05:46.000 --> 01:05:49.000]  Otherwise, go to a law library.
[01:05:49.000 --> 01:05:53.000]  Law librarians are almost better than lawyers.
[01:05:53.000 --> 01:05:59.000]  They generally know the law better than lawyers.
[01:05:59.000 --> 01:06:03.000]  Okay, go look in the court record, and then call us back next week and let us know how it went.
[01:06:03.000 --> 01:06:04.000]  But I need to move along.
[01:06:04.000 --> 01:06:08.000]  We've got three more callers, and we're running out of time.
[01:06:08.000 --> 01:06:09.000]  Thank you, Randy.
[01:06:09.000 --> 01:06:10.000]  Thank you, Michael.
[01:06:10.000 --> 01:06:11.000]  You are welcome.
[01:06:11.000 --> 01:06:13.000]  You're on the show.
[01:06:13.000 --> 01:06:15.000]  Okay, thank you.
[01:06:15.000 --> 01:06:16.000]  Thank you, Sonny.
[01:06:16.000 --> 01:06:19.000]  Now we're going to go to Chris in Pennsylvania.
[01:06:19.000 --> 01:06:21.000]  Hello, Chris.
[01:06:21.000 --> 01:06:23.000]  Hello, Randy.
[01:06:23.000 --> 01:06:27.000]  What do you have for us today?
[01:06:27.000 --> 01:06:32.000]  I have a return of events in my foreclosure case.
[01:06:32.000 --> 01:06:41.000]  Just to bring you up to date, last the bank filed a motion for summary judgment based on no evidence.
[01:06:41.000 --> 01:06:49.000]  And my attorney answered their motion and forgot to file a brief.
[01:06:49.000 --> 01:06:56.000]  So the judge ruled for the bank based on the fact that she never filed a brief.
[01:06:56.000 --> 01:07:01.000]  She went to the judge and said that that's not legal.
[01:07:01.000 --> 01:07:06.000]  You can't file a motion for the bank based on the fact that I didn't file a brief.
[01:07:06.000 --> 01:07:21.000]  And he ruled that he's given the plaintiff, the bank, 30 days to answer the question as to why the defendant
[01:07:21.000 --> 01:07:30.000]  myself is not entitled to release in this matter.
[01:07:30.000 --> 01:07:43.000]  And did he also give your lawyer time to respond to whatever he asked them to say?
[01:07:43.000 --> 01:07:59.000]  Well, he's had a court set date for the 14th of April, 10 days after their 30 days is up, to hear it in court.
[01:07:59.000 --> 01:08:10.000]  Now if he asked the other side to file a pleading or document, it has to give your side time to respond to it.
[01:08:10.000 --> 01:08:11.000]  That's what I would imagine.
[01:08:11.000 --> 01:08:16.000]  I've never seen anything like this in anything I've looked up.
[01:08:16.000 --> 01:08:21.000]  I've never seen anywhere where a judge puts aside a summary judgment
[01:08:21.000 --> 01:08:32.000]  and then gives the plaintiff a second chance to just file his summary judgment again, pleading as to why he...
[01:08:32.000 --> 01:08:33.000]  Well, you might check.
[01:08:33.000 --> 01:08:42.000]  He almost certainly will have said that you give me this and then the other side has this many days to respond.
[01:08:42.000 --> 01:08:43.000]  Almost.
[01:08:43.000 --> 01:08:48.000]  They probably give them 20 days, the other side 10 days to respond.
[01:08:48.000 --> 01:08:50.000]  If this is in the federal court, that's generally how it is.
[01:08:50.000 --> 01:08:55.000]  In the state court, they'll generally give 20 or 30 days to respond.
[01:08:55.000 --> 01:08:58.000]  Right. He's only given them 30 days to respond to that.
[01:08:58.000 --> 01:09:03.000]  And he hasn't written anything about giving us a...
[01:09:03.000 --> 01:09:09.000]  Okay. How far out is the hearing?
[01:09:09.000 --> 01:09:16.000]  On the 14th of April, about 30 days or almost 25 days.
[01:09:16.000 --> 01:09:19.000]  Did your lawyer file?
[01:09:19.000 --> 01:09:20.000]  I'm not...
[01:09:20.000 --> 01:09:22.000]  Something's missing here.
[01:09:22.000 --> 01:09:23.000]  You're missing something.
[01:09:23.000 --> 01:09:24.000]  Yeah.
[01:09:24.000 --> 01:09:29.000]  How did your lawyer make this request in writing?
[01:09:29.000 --> 01:09:30.000]  She went to the judge.
[01:09:30.000 --> 01:09:31.000]  Yes.
[01:09:31.000 --> 01:09:33.000]  Well, she didn't make a request.
[01:09:33.000 --> 01:09:34.000]  She went to the judge.
[01:09:34.000 --> 01:09:39.000]  One of the pieces that was missing when she answered the bank...
[01:09:39.000 --> 01:09:40.000]  Okay.
[01:09:40.000 --> 01:09:41.000]  She's giving...
[01:09:41.000 --> 01:09:49.000]  Okay. She filed a motion asking the judge to reconsider.
[01:09:49.000 --> 01:09:53.000]  And he gave the other side time to respond to her motion.
[01:09:53.000 --> 01:09:55.000]  So that's correct.
[01:09:55.000 --> 01:09:56.000]  Okay.
[01:09:56.000 --> 01:10:02.000]  One of the things that I hadn't been able to tell you is one of the pleadings that she
[01:10:02.000 --> 01:10:09.000]  made in her answer to the motion for summary judgment was that we've come to light with
[01:10:09.000 --> 01:10:19.000]  and we've mentioned this in our motions was that the bank took an assignment from a closed
[01:10:19.000 --> 01:10:26.000]  bank and the assignment they took was the construction loan and not the actual mortgage
[01:10:26.000 --> 01:10:29.000]  as it was converted.
[01:10:29.000 --> 01:10:34.000]  So the construction loan is a totally different page in a book and a totally different entity
[01:10:34.000 --> 01:10:41.000]  than the mortgage assignment.
[01:10:41.000 --> 01:10:46.000]  You're not on appeal yet, are you?
[01:10:46.000 --> 01:10:47.000]  No.
[01:10:47.000 --> 01:10:48.000]  Okay.
[01:10:48.000 --> 01:10:54.000]  So this is something she could still bring before the court.
[01:10:54.000 --> 01:10:55.000]  Yes.
[01:10:55.000 --> 01:10:56.000]  And we...
[01:10:56.000 --> 01:10:57.000]  Okay.
[01:10:57.000 --> 01:11:01.000]  Well, the judge will then have to consider that.
[01:11:01.000 --> 01:11:02.000]  Right.
[01:11:02.000 --> 01:11:08.000]  It just seems odd that he wouldn't give a reason as to why he's granting her this.
[01:11:08.000 --> 01:11:10.000]  Well, because she has a right to it.
[01:11:10.000 --> 01:11:15.000]  The other side has a right to that.
[01:11:15.000 --> 01:11:20.000]  He's wanting to see both sides.
[01:11:20.000 --> 01:11:21.000]  Okay.
[01:11:21.000 --> 01:11:27.000]  And the only question I had about it was if he asked the other side for a pleading, he's
[01:11:27.000 --> 01:11:29.000]  got to give you time to respond.
[01:11:29.000 --> 01:11:30.000]  But he's not doing that.
[01:11:30.000 --> 01:11:36.000]  You already filed a pleading and he's giving them time to answer what your side filed.
[01:11:36.000 --> 01:11:37.000]  So that's appropriate.
[01:11:37.000 --> 01:11:38.000]  Right.
[01:11:38.000 --> 01:11:41.000]  But it's kind of...
[01:11:41.000 --> 01:11:46.000]  For me, it sounds like the judge is saying, okay, guys, tell me why she's not right.
[01:11:46.000 --> 01:11:50.000]  Well, and that's what we're hoping, but he didn't...
[01:11:50.000 --> 01:11:53.000]  He didn't just blow it off.
[01:11:53.000 --> 01:11:59.000]  So he's probably wanting to hear the other side to show the judge why he should not accept
[01:11:59.000 --> 01:12:02.000]  what your lawyer gave you.
[01:12:02.000 --> 01:12:03.000]  Right.
[01:12:03.000 --> 01:12:06.000]  But we've already been through that.
[01:12:06.000 --> 01:12:10.000]  They filed a motion for summary judgment way back in May.
[01:12:10.000 --> 01:12:11.000]  Okay.
[01:12:11.000 --> 01:12:13.000]  And she didn't file a brief.
[01:12:13.000 --> 01:12:17.000]  And he dismissed because she didn't file a brief.
[01:12:17.000 --> 01:12:19.000]  That's six months later.
[01:12:19.000 --> 01:12:20.000]  You're missing...
[01:12:20.000 --> 01:12:23.000]  You're scrambling together arguments.
[01:12:23.000 --> 01:12:28.000]  The one thing you have to do in law is focus on what is before the court.
[01:12:28.000 --> 01:12:32.000]  What is before the court right now?
[01:12:32.000 --> 01:12:33.000]  Your whole case?
[01:12:33.000 --> 01:12:34.000]  Right.
[01:12:34.000 --> 01:12:35.000]  A previous summary judgment?
[01:12:35.000 --> 01:12:38.000]  What's before the court right now?
[01:12:38.000 --> 01:12:39.000]  Right.
[01:12:39.000 --> 01:12:46.000]  What's before the court right now is whether or not he can dismiss the case for not getting
[01:12:46.000 --> 01:12:49.000]  a brief.
[01:12:49.000 --> 01:12:52.000]  That's what your lawyer just brought.
[01:12:52.000 --> 01:12:53.000]  Right.
[01:12:53.000 --> 01:12:55.000]  The other side hasn't seen.
[01:12:55.000 --> 01:13:02.000]  So he's asking the other side to respond to that and show me why she's not right.
[01:13:02.000 --> 01:13:03.000]  That's appropriate.
[01:13:03.000 --> 01:13:05.000]  That should be done.
[01:13:05.000 --> 01:13:10.000]  And what the other side files will be limited to this issue.
[01:13:10.000 --> 01:13:14.000]  And then he will say she's right or she's not right.
[01:13:14.000 --> 01:13:16.000]  If she's not right, you're stuck.
[01:13:16.000 --> 01:13:23.000]  If she's right, then he'll rule that she has time to see opportunity to file the brief.
[01:13:23.000 --> 01:13:30.000]  Or he'll rule based on the facts without the brief.
[01:13:30.000 --> 01:13:31.000]  Right.
[01:13:31.000 --> 01:13:34.000]  Does that make sense?
[01:13:34.000 --> 01:13:35.000]  Yeah.
[01:13:35.000 --> 01:13:36.000]  It does.
[01:13:36.000 --> 01:13:38.000]  I think you're okay.
[01:13:38.000 --> 01:13:45.000]  It sounds like the judge is trying to make sure he gets a good decision.
[01:13:45.000 --> 01:13:46.000]  Right.
[01:13:46.000 --> 01:13:50.000]  But he had this in front of him when she answered their summary judgment.
[01:13:50.000 --> 01:13:54.000]  He had this in front of him.
[01:13:54.000 --> 01:13:58.000]  He had what she presented to him just recently.
[01:13:58.000 --> 01:14:05.000]  She just made the point again about the answer she gave him six weeks ago to their summary
[01:14:05.000 --> 01:14:06.000]  judgment.
[01:14:06.000 --> 01:14:09.000]  I don't know what to say about it.
[01:14:09.000 --> 01:14:11.000]  This is confusing.
[01:14:11.000 --> 01:14:17.000]  Did she have the argument that she didn't have to file a brief before the judge?
[01:14:17.000 --> 01:14:19.000]  Yes.
[01:14:19.000 --> 01:14:22.000]  And he ruled against it anyway?
[01:14:22.000 --> 01:14:26.000]  Correct.
[01:14:26.000 --> 01:14:27.000]  Okay.
[01:14:27.000 --> 01:14:37.000]  She may have given him enough information that he may want to change his decision.
[01:14:37.000 --> 01:14:39.000]  What did she file then?
[01:14:39.000 --> 01:14:45.000]  If she's already filed this, then what in the heck did she file with the judge?
[01:14:45.000 --> 01:14:48.000]  Well, she went in to file a motion to reconsider.
[01:14:48.000 --> 01:14:49.000]  Okay.
[01:14:49.000 --> 01:14:52.000]  This is a motion for reconsideration.
[01:14:52.000 --> 01:14:53.000]  Perfect.
[01:14:53.000 --> 01:14:56.000]  That's exactly what I wanted to hear you say.
[01:14:56.000 --> 01:15:02.000]  And he's asking the other side to respond to the motion for reconsideration.
[01:15:02.000 --> 01:15:03.000]  Right.
[01:15:03.000 --> 01:15:05.000]  So everybody gets a chance to respond.
[01:15:05.000 --> 01:15:06.000]  There's no bushwhack here.
[01:15:06.000 --> 01:15:10.000]  So that sounds appropriate.
[01:15:10.000 --> 01:15:15.000]  If he took a motion for reconsideration and didn't give them time to respond, they would
[01:15:15.000 --> 01:15:19.000]  appeal it.
[01:15:19.000 --> 01:15:21.000]  Right.
[01:15:21.000 --> 01:15:23.000]  So this sounds appropriate.
[01:15:23.000 --> 01:15:26.000]  I don't hear anything here that I would be upset at the judge about.
[01:15:26.000 --> 01:15:29.000]  This sounds pretty good.
[01:15:29.000 --> 01:15:31.000]  We do need to move along though.
[01:15:31.000 --> 01:15:33.000]  I've got three more callers.
[01:15:33.000 --> 01:15:37.000]  Is this the only issue you had?
[01:15:37.000 --> 01:15:39.000]  Yeah, that was pretty much it.
[01:15:39.000 --> 01:15:46.000]  At one point you maybe thought that that would go if you've ever heard of someone issuing
[01:15:46.000 --> 01:15:50.000]  or assigning a construction loan to a...
[01:15:50.000 --> 01:15:51.000]  Okay.
[01:15:51.000 --> 01:15:57.000]  I think you addressed that before, but that's all.
[01:15:57.000 --> 01:16:01.000]  Did he rule on that particular issue?
[01:16:01.000 --> 01:16:05.000]  That's what we're hoping his motion, the motion for reconsideration when she brought that
[01:16:05.000 --> 01:16:07.000]  up to him again.
[01:16:07.000 --> 01:16:10.000]  Oh, okay.
[01:16:10.000 --> 01:16:15.000]  That sounds like he's asking for clarification from the other side.
[01:16:15.000 --> 01:16:19.000]  I don't know what they actually got assigned.
[01:16:19.000 --> 01:16:20.000]  Right.
[01:16:20.000 --> 01:16:22.000]  That sounds good.
[01:16:22.000 --> 01:16:30.000]  To me it sounds like the judge is trying to make sure he gets all of the facts right.
[01:16:30.000 --> 01:16:31.000]  Don't worry.
[01:16:31.000 --> 01:16:33.000]  Be happy.
[01:16:33.000 --> 01:16:37.000]  I think he sounds good.
[01:16:37.000 --> 01:16:38.000]  Okay.
[01:16:38.000 --> 01:16:39.000]  Okay.
[01:16:39.000 --> 01:16:40.000]  Thank you.
[01:16:40.000 --> 01:16:42.000]  Thank you, Chris.
[01:16:42.000 --> 01:16:46.000]  I hope that you're one of the ones that win the whole enchilada.
[01:16:46.000 --> 01:16:50.000]  I think you're in a good position to do that.
[01:16:50.000 --> 01:16:51.000]  Okay.
[01:16:51.000 --> 01:16:52.000]  Thank you, Chris.
[01:16:52.000 --> 01:16:54.000]  Randy Kelton, ruler of our radio.
[01:16:54.000 --> 01:17:04.000]  We'll be right back.
[01:17:24.000 --> 01:17:49.000]  Thank you, Chris.
[01:17:49.000 --> 01:18:01.000]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
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[01:19:23.000 --> 01:19:24.000]  Okay, we are back.
[01:19:24.000 --> 01:19:28.000]  Randy Kelton with our radio here with Michael Banerich.
[01:19:28.000 --> 01:19:33.000]  And Chris, is that about, do you have something else for us?
[01:19:33.000 --> 01:19:36.000]  No, that was it, Randy. Thanks so much. I appreciate it.
[01:19:36.000 --> 01:19:39.000]  Okay. Okay. Thanks a lot, Chris.
[01:19:39.000 --> 01:19:44.000]  Okay. Now we're going to go to Mark in Texas. Hello, Mark.
[01:19:44.000 --> 01:19:47.000]  Hello, Randy. Good luck, Chris.
[01:19:47.000 --> 01:19:57.000]  I wanted to ask you a question, maybe for just a little bit of clarity on the issues of collateral estoppel and res judicata.
[01:19:57.000 --> 01:20:05.000]  As you know, I have a case that had been decided and it definitely didn't work.
[01:20:05.000 --> 01:20:13.000]  Okay. Well, I have your answer. Res judicata is collateral estoppel.
[01:20:13.000 --> 01:20:18.000]  Yeah, they're the same. I'm sorry. I'm being facetious. Okay, go ahead.
[01:20:18.000 --> 01:20:25.000]  Well, my understanding of the elements are there has to be a previous litigation with an identical claim.
[01:20:25.000 --> 01:20:29.000]  The parties must be the same.
[01:20:29.000 --> 01:20:35.000]  And then the original action must have received a final judgment on the merits.
[01:20:35.000 --> 01:20:39.000]  And there has to be some kind of implication.
[01:20:39.000 --> 01:20:43.000]  Oh, no, no, no, no, no, no, no. Hold on. Okay.
[01:20:43.000 --> 01:20:50.000]  We're mixing up res judicata and collateral estoppel.
[01:20:50.000 --> 01:20:56.000]  What you're going to is res judicata.
[01:20:56.000 --> 01:21:11.000]  Collateral estoppel had a case where Deutsche Bank was sued by JP Morgan Shakespeare over one of these pools, one of these pools of loans.
[01:21:11.000 --> 01:21:25.000]  And Deutsche Bank came into court and testified in court that Deutsche Bank had none of this particular group of loans in any of its pools.
[01:21:25.000 --> 01:21:28.000]  It had no interest in this group of loans.
[01:21:28.000 --> 01:21:41.000]  And then someone called me that Deutsche Bank was trying to foreclose on one of the loans that was within that group.
[01:21:41.000 --> 01:21:44.000]  That goes to collateral estoppel.
[01:21:44.000 --> 01:21:54.000]  You can't go to one court and take a position and then come to another court and take a different position on the same subject.
[01:21:54.000 --> 01:21:57.000]  That's collateral estoppel.
[01:21:57.000 --> 01:22:10.000]  And if you lose in a court decision, then that decision, you can't relitigate that decision.
[01:22:10.000 --> 01:22:13.000]  You're collateral estopped from that.
[01:22:13.000 --> 01:22:17.000]  So, okay, clarification.
[01:22:17.000 --> 01:22:19.000]  Now, what we're talking about res judicata.
[01:22:19.000 --> 01:22:37.000]  Okay. Are you talking, are you going to res judicata, in res judicata, are they the same case or is it the same set of facts?
[01:22:37.000 --> 01:22:40.000]  Both are different, I would say.
[01:22:40.000 --> 01:22:53.000]  It's like Wells Fargo was sued for applying the interest first and then the principal when they applied a payment.
[01:22:53.000 --> 01:23:04.000]  And then they can't come to another court and say they don't, that they always apply the principal first and then the interest the way they're supposed to.
[01:23:04.000 --> 01:23:11.000]  It's already been proven that they didn't, they can't come and take a different position or they've already been ruled against.
[01:23:11.000 --> 01:23:20.000]  It doesn't necessarily have to be the same case, just the same set of facts.
[01:23:20.000 --> 01:23:22.000]  Makes sense.
[01:23:22.000 --> 01:23:24.000]  Okay, go ahead.
[01:23:24.000 --> 01:23:39.000]  So, the specific issue here is I've been looking for an attorney that could possibly help me with a quiet title action because in the case that I have where I ended up ultimately losing,
[01:23:39.000 --> 01:23:57.000]  this case was filed by U.S. bank, prior to that case's filing there is an assignment made by a servicer, by SPS, and it's basically something that's void on its face, not voidable.
[01:23:57.000 --> 01:24:09.000]  It's an assignment that I brought up in the hearing, but the plaintiff's attorney just basically said I wasn't a party to that, so I don't have standing to challenge it.
[01:24:09.000 --> 01:24:21.000]  I don't think in the court's ruling there was any attention given to that, and so I don't think that there's any kind of collateral estoppel that could be...
[01:24:21.000 --> 01:24:31.000]  If there was not a definitive ruling on the validity of that claim, then it's not res judicata.
[01:24:31.000 --> 01:24:36.000]  The fact that you lose the case in general does not establish res judicata.
[01:24:36.000 --> 01:24:44.000]  You can come into court and win your case and still wind up with collateral estoppel.
[01:24:44.000 --> 01:25:01.000]  If you come in and you make five claims for damages and the judge rules against you on one of the claims and for you in the other claims and then gives you the full amount you asked for,
[01:25:01.000 --> 01:25:09.000]  the one he ruled against you on is collateral estoppel. You can't bring that up again.
[01:25:09.000 --> 01:25:14.000]  Even though you won the case, it's not about winning or losing the case.
[01:25:14.000 --> 01:25:20.000]  It's about the ruling on the issue, and that's what you're going to hear.
[01:25:20.000 --> 01:25:34.000]  You have an issue that wasn't ruled on, and it wasn't ruled on because the court felt it could dispose of the case without getting to that issue,
[01:25:34.000 --> 01:25:42.000]  but they didn't get to the issue, so you're not subject to collateral estoppel.
[01:25:42.000 --> 01:25:49.000]  Right. If it's not mentioned specifically in the judgment and the judge is not hammering that out...
[01:25:49.000 --> 01:25:54.000]  Basically, the final judgment was written by the plaintiff's attorney.
[01:25:54.000 --> 01:26:01.000]  If it's not mentioned in that judgment, then that's not an issue there.
[01:26:01.000 --> 01:26:12.000]  Exactly. There can be a lot of issues in there, and there can be one issue that would close the case.
[01:26:12.000 --> 01:26:18.000]  If you lose this issue, you lost the whole thing. They don't have to go to the rest of them,
[01:26:18.000 --> 01:26:23.000]  so it's a waste of time to go to the rest of them because you won the case.
[01:26:23.000 --> 01:26:31.000]  They won it, so they don't need all of those, but it leaves all of those open for re-education.
[01:26:31.000 --> 01:26:42.000]  Right. Let's say I have a void judgment, which I do, and that could be proven.
[01:26:42.000 --> 01:26:45.000]  But let's say I have a void judgment. We put that aside.
[01:26:45.000 --> 01:26:55.000]  Is it possible, would you say, that I might potentially file a quiet title action where we're challenging this?
[01:26:55.000 --> 01:27:00.000]  That is exactly what I was going to say.
[01:27:00.000 --> 01:27:05.000]  Well, yeah. You said a little something about that. You're the perfect person to ask.
[01:27:05.000 --> 01:27:12.000]  Let's say they come back and I file the quiet title, and in their response, they're trying to say something to that effect.
[01:27:12.000 --> 01:27:20.000]  In that instance, was it appropriate to say to the court, I'm sorry, Your Honor, but that judgment is void.
[01:27:20.000 --> 01:27:23.000]  How do we establish that?
[01:27:23.000 --> 01:27:35.000]  Yeah. You go back and challenge the assignment and get the assignment ruled void.
[01:27:35.000 --> 01:27:40.000]  Then you challenge subject matter jurisdiction of the court.
[01:27:40.000 --> 01:27:45.000]  Subject matter jurisdiction can be challenged at any time, no matter how remote in history,
[01:27:45.000 --> 01:27:57.000]  and a ruling given when the court lacks subject matter jurisdiction is void as a matter of law.
[01:27:57.000 --> 01:27:59.000]  Right. Okay.
[01:27:59.000 --> 01:28:13.000]  So the quiet title action and in the quiet title action, the argument is you don't have standing because you're not at a party to the contract.
[01:28:13.000 --> 01:28:20.000]  So you don't have standing to enforce any provision of the contract.
[01:28:20.000 --> 01:28:21.000]  All right.
[01:28:21.000 --> 01:28:26.000]  And you agree. You don't care about enforcing any provision of the contract.
[01:28:26.000 --> 01:28:37.000]  If the contract were voidable, then one of the parties can say, okay, you guys screwed up.
[01:28:37.000 --> 01:28:42.000]  I'm going to toss the contract or he can say, I don't care if they screwed that up.
[01:28:42.000 --> 01:28:45.000]  I'll honor the contract anyway.
[01:28:45.000 --> 01:28:46.000]  That's voidable.
[01:28:46.000 --> 01:28:57.000]  But if the contract's void on its face and it's filed in the public record, the public has an interest in what's filed in the public record.
[01:28:57.000 --> 01:29:20.000]  So and we just got the Ivanov case out of California that said exactly that. Only the bona fide holder of the instrument can order the trustee to foreclose.
[01:29:20.000 --> 01:29:34.000]  So if the person is and always the property code says all claims must be filed in the public record or the void is to the holder.
[01:29:34.000 --> 01:29:42.000]  So if they don't have a valid claim filed in the record, they can't bring a claim to the court.
[01:29:42.000 --> 01:29:49.000]  They cannot invoke the subject matter jurisdiction of the court because they don't have legal capacity.
[01:29:49.000 --> 01:29:53.000]  Therefore, for the court never had subject matter jurisdiction from the beginning.
[01:29:53.000 --> 01:29:55.000]  Hang on, Randy Kelly, we'll go on radio.
[01:29:55.000 --> 01:29:58.000]  We'll be right back.
[01:29:58.000 --> 01:30:00.000]  Amen.
[01:30:00.000 --> 01:30:03.000]  It's summer in 2017 and it's hot.
[01:30:03.000 --> 01:30:07.000]  But when you go to turn on your AC, you find you no longer can.
[01:30:07.000 --> 01:30:12.000]  I'm Dr. Katherine Albrecht and I'll tell you about the coming smart grid in just a moment.
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[01:30:42.000 --> 01:30:46.000]  You've probably heard of smart cars, but have you heard of the smart grid?
[01:30:46.000 --> 01:30:50.000]  Stimulus money is being used to fund smart electric meters across the country.
[01:30:50.000 --> 01:30:53.000]  Chances are there's already one on the side of your house.
[01:30:53.000 --> 01:30:58.000]  Smart meters allow for two-way communication between your home's electric system and the power company.
[01:30:58.000 --> 01:31:03.000]  But monitoring your energy consumption today could turn into rationing tomorrow.
[01:31:03.000 --> 01:31:09.000]  Already, power companies are running trials where they remotely turn off people's air conditioners during peak hours.
[01:31:09.000 --> 01:31:14.000]  Eventually, the smart grid will monitor every time you use the toaster or run the dryer.
[01:31:14.000 --> 01:31:17.000]  It'll know when you're home or when you use the guest room.
[01:31:17.000 --> 01:31:21.000]  It's all micromanagement and it's the future, unless we say no.
[01:31:21.000 --> 01:31:26.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:26.000 --> 01:31:32.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:32.000 --> 01:31:34.000]  The government says that fire brought it down.
[01:31:34.000 --> 01:31:39.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:39.000 --> 01:31:42.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:42.000 --> 01:31:44.000]  Thousands of my fellow first responders are dying.
[01:31:44.000 --> 01:31:46.000]  I'm not a conspiracy theorist.
[01:31:46.000 --> 01:31:47.000]  I'm a structural engineer.
[01:31:47.000 --> 01:31:48.000]  I'm a New York City correction officer.
[01:31:48.000 --> 01:31:49.000]  I'm an Air Force pilot.
[01:31:49.000 --> 01:31:51.000]  I'm a father who lost his son.
[01:31:51.000 --> 01:31:52.000]  We're American.
[01:31:52.000 --> 01:31:53.000]  We're American.
[01:31:53.000 --> 01:31:58.000]  And we deserve the truth.
[01:31:58.000 --> 01:32:01.000]  Go to RememberBuilding7.org today.
[01:32:01.000 --> 01:32:03.000]  Hey, it's Danny here for Hill Country Home Improvements.
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[01:32:09.000 --> 01:32:11.000]  but good luck getting them to pay for it.
[01:32:11.000 --> 01:32:14.000]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.000 --> 01:32:16.000]  That's why you have insurance.
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[01:32:41.000 --> 01:32:45.000]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.000 --> 01:32:50.000]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.000 --> 01:32:57.000]  And that's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:57.000 --> 01:32:59.000]  Discounts are based on full roof replacement.
[01:32:59.000 --> 01:33:02.000]  May not actually be kidding about chemtrails.
[01:33:02.000 --> 01:33:18.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:18.000 --> 01:33:20.000]  Okay, we are back.
[01:33:20.000 --> 01:33:21.000]  Randy Kelton, Rubello Radio.
[01:33:21.000 --> 01:33:25.000]  And we're talking to Mark in Texas.
[01:33:25.000 --> 01:33:28.000]  Okay, Mark, where were we?
[01:33:28.000 --> 01:33:35.000]  You were just basically saying that you're basically reminding me I need to go and read the Obama decision for sure.
[01:33:35.000 --> 01:33:45.000]  But more or less, if I have something here where my quiet title action is not even beginning to attack the plaintiffs in the suit,
[01:33:45.000 --> 01:33:56.000]  which I lost but shouldn't have lost, and my action is just asking the court to focus on the document where the assignment is prepared by SPS.
[01:33:56.000 --> 01:34:07.000]  It says the assignee is MERS, and it mentions Fremont Financial, my original lender that was out of business in 2008 and couldn't have made that assignment in 2013.
[01:34:07.000 --> 01:34:09.000]  Okay, hold on, hold on.
[01:34:09.000 --> 01:34:14.000]  That is the Ivanov decision.
[01:34:14.000 --> 01:34:23.000]  That was exactly what Ivanov was stating, that MERS made an assignment for a non-existent lender.
[01:34:23.000 --> 01:34:26.000]  Dead on.
[01:34:26.000 --> 01:34:27.000]  You're damn right I need to read it.
[01:34:27.000 --> 01:34:29.000]  Oh, man.
[01:34:29.000 --> 01:34:33.000]  That's perfect for citation here.
[01:34:33.000 --> 01:34:43.000]  Let me tell you, I've talked to probably a dozen, maybe two dozen people that are supposed to be experts on quiet title.
[01:34:43.000 --> 01:34:48.000]  And as you've been talking about litigation, guys, I think that's where their expertise comes from.
[01:34:48.000 --> 01:34:50.000]  I think they just get forms out and fill them in.
[01:34:50.000 --> 01:34:52.000]  They don't seem to know much.
[01:34:52.000 --> 01:34:59.000]  They're all, you know, seemingly alarmed with the idea of res judicata or collateral estoppel over here since there's already been a judgment.
[01:34:59.000 --> 01:35:02.000]  I don't understand they would be a little alarmed.
[01:35:02.000 --> 01:35:03.000]  I'm a pro se.
[01:35:03.000 --> 01:35:04.000]  What do I know?
[01:35:04.000 --> 01:35:09.000]  But anyway, that's been an interesting thing.
[01:35:09.000 --> 01:35:13.000]  So three final things real quick.
[01:35:13.000 --> 01:35:17.000]  One, I haven't heard from your friend in Dallas that does FDCPA work.
[01:35:17.000 --> 01:35:20.000]  And if she can contact me, I'd be very honored.
[01:35:20.000 --> 01:35:25.000]  I sent her an email and she sent me back and referred me to another lawyer.
[01:35:25.000 --> 01:35:31.000]  But he's a third year lawyer and I'm not comfortable with him.
[01:35:31.000 --> 01:35:37.000]  I don't care how long he's been doing it, but if you're not comfortable, that's okay.
[01:35:37.000 --> 01:35:42.000]  And I'm looking for anybody that just knows how to do it.
[01:35:42.000 --> 01:35:49.000]  I've actually told a few people, Randy, because I printed it out and I read it whenever I think Jeff Sedgwick first came on your show.
[01:35:49.000 --> 01:35:55.000]  And I've told a few of these people, I don't understand why you don't just go and print this out.
[01:35:55.000 --> 01:35:58.000]  It's 10 pages in Times New Roman 12 point font.
[01:35:58.000 --> 01:35:59.000]  Do it and read it.
[01:35:59.000 --> 01:36:01.000]  A lay person can understand it.
[01:36:01.000 --> 01:36:07.000]  I'm just contacting you because I want these people to have to pay you $15,000.
[01:36:07.000 --> 01:36:13.000]  And I don't want to subject myself to prejudice from being prosaic.
[01:36:13.000 --> 01:36:14.000]  Okay.
[01:36:14.000 --> 01:36:20.000]  Do not tell them that you just want to borrow their, just want to rent their bar card.
[01:36:20.000 --> 01:36:22.000]  Their bar card.
[01:36:22.000 --> 01:36:27.000]  I had one guilt real excited about that.
[01:36:27.000 --> 01:36:32.000]  Well, I'll tell them, I just don't know what to do and I'm really stupid.
[01:36:32.000 --> 01:36:34.000]  But anyway, there's that.
[01:36:34.000 --> 01:36:38.000]  Another thing, and if you have a comment, I'd be happy to hear it.
[01:36:38.000 --> 01:36:41.000]  I'll tell you, this is going to make you laugh.
[01:36:41.000 --> 01:36:44.000]  I talked to Dave Krieger as I was reading his blog.
[01:36:44.000 --> 01:36:48.000]  He wrote a big book on quiet titles and that's evolved a little bit.
[01:36:48.000 --> 01:36:56.000]  He's telling me he had some kind of a seminar coming up soon and it might be suitable for someone that's a prosaic with a little bit of sense.
[01:36:56.000 --> 01:37:00.000]  And I was thinking, you know, it will cost me less to do this.
[01:37:00.000 --> 01:37:08.000]  It will cost me $1,500 to do this versus $2,500 to pay some bumpkin idiot attorney to do this for me.
[01:37:08.000 --> 01:37:13.000]  I think it might possibly make sense if there would be some value to go.
[01:37:13.000 --> 01:37:17.000]  But I told him that I'd been helped along and had a friend that was in Charney.
[01:37:17.000 --> 01:37:23.000]  And I had listened to Randy Kelton's show and gotten some great ideas that seemed to have really worked out.
[01:37:23.000 --> 01:37:28.000]  Anyway, he said, isn't he in jail?
[01:37:28.000 --> 01:37:33.000]  I said, no, I don't think he's in jail.
[01:37:33.000 --> 01:37:39.000]  I think if he was in jail, he'd be telling people how to get out of there and they'd not want him there very long.
[01:37:39.000 --> 01:37:41.000]  But anyway, he was just laughing.
[01:37:41.000 --> 01:37:44.000]  He wanted me to say hello to you.
[01:37:44.000 --> 01:37:45.000]  Okay.
[01:37:45.000 --> 01:37:50.000]  I invited him on the show a time or two, but never got him on.
[01:37:50.000 --> 01:37:56.000]  If you talk to him, tell him my invitation is open.
[01:37:56.000 --> 01:37:57.000]  I've got his number.
[01:37:57.000 --> 01:38:01.000]  I think it would be an interesting conversation, you know, in general for sure.
[01:38:01.000 --> 01:38:06.000]  But there's one last thing I wanted to ask you about and I hope this isn't a big pickle.
[01:38:06.000 --> 01:38:11.000]  Recision for breach of contract, Truth in Lending Act, Reg Z or whatever.
[01:38:11.000 --> 01:38:12.000]  No.
[01:38:12.000 --> 01:38:19.000]  The rescission for breach of contract would go to the Uniform Commercial Code.
[01:38:19.000 --> 01:38:21.000]  Okay.
[01:38:21.000 --> 01:38:28.000]  That would be common law rescission and you have that in the Uniform Commercial Code.
[01:38:28.000 --> 01:38:31.000]  You'd have to look real close.
[01:38:31.000 --> 01:38:34.000]  Recission is a term of art.
[01:38:34.000 --> 01:38:45.000]  It means something very specific as opposed to repudiation by breach of contract.
[01:38:45.000 --> 01:38:50.000]  It's close to the same thing, but rescission being a term of art,
[01:38:50.000 --> 01:38:55.000]  it means that both parties must tender.
[01:38:55.000 --> 01:38:58.000]  And that will have to have something.
[01:38:58.000 --> 01:39:01.000]  There is a common law rescission.
[01:39:01.000 --> 01:39:05.000]  I haven't researched it out, but I have seen references to it.
[01:39:05.000 --> 01:39:09.000]  In Truth in Lending Act, you have a three-year rescission
[01:39:09.000 --> 01:39:16.000]  and then you have a after foreclosure rescission.
[01:39:16.000 --> 01:39:25.000]  After foreclosure, if you can show $35 of unnoticed fees,
[01:39:25.000 --> 01:39:30.000]  then the right to rescind is reinvigorated.
[01:39:30.000 --> 01:39:31.000]  Okay.
[01:39:31.000 --> 01:39:34.000]  Let me be sure I clearly get you because this lights me up.
[01:39:34.000 --> 01:39:38.000]  You've already told me before that it's typically a whole lot more than that.
[01:39:38.000 --> 01:39:42.000]  And in my situation, the house was sold.
[01:39:42.000 --> 01:39:44.000]  I don't care to have it.
[01:39:44.000 --> 01:39:47.000]  It was sold back in August or September.
[01:39:47.000 --> 01:39:49.000]  I don't even remember which.
[01:39:49.000 --> 01:39:55.000]  But if that's been done, regardless of all the other issues,
[01:39:55.000 --> 01:40:00.000]  rescission may yet be something that's practical for me in this situation.
[01:40:00.000 --> 01:40:07.000]  And if I do that, then I'll be due a refund of all fees that I've ever paid, right?
[01:40:07.000 --> 01:40:09.000]  Yes.
[01:40:09.000 --> 01:40:17.000]  And you don't have to tender because they already hold the property.
[01:40:17.000 --> 01:40:18.000]  That's beautiful.
[01:40:18.000 --> 01:40:21.000]  It's been decided by the U.S. Supreme Court.
[01:40:21.000 --> 01:40:25.000]  And that is definitely an interesting.
[01:40:25.000 --> 01:40:28.000]  And that goes to Jasinowski.
[01:40:28.000 --> 01:40:33.000]  That's the Supreme Court case out of Minnesota.
[01:40:33.000 --> 01:40:37.000]  Jasinowski. Well, I need to read that one.
[01:40:37.000 --> 01:40:41.000]  And I definitely need to know what I'm doing.
[01:40:41.000 --> 01:40:45.000]  The Jasinowski case was nuts.
[01:40:45.000 --> 01:40:50.000]  The last day of the three-year rescission period they filed.
[01:40:50.000 --> 01:40:54.000]  And they didn't claim they weren't given notice.
[01:40:54.000 --> 01:40:57.000]  They claimed that there was a husband and wife at closing,
[01:40:57.000 --> 01:41:01.000]  and only the husband received notice.
[01:41:01.000 --> 01:41:05.000]  And I don't know who the moron was that let that get to the Supreme,
[01:41:05.000 --> 01:41:12.000]  but the Supreme ruled unanimously that they were right.
[01:41:12.000 --> 01:41:19.000]  And that was about as nitpicking a claim as I could have thought of.
[01:41:19.000 --> 01:41:25.000]  So just to be sure, because I'm not the smartest guy, if I did this,
[01:41:25.000 --> 01:41:32.000]  if I officially closed this loan with the original lender long dead and out of business in 2005,
[01:41:32.000 --> 01:41:36.000]  late 2005, I missed my three-year period there,
[01:41:36.000 --> 01:41:42.000]  but I've gone through the foreclosure process and had a decision against me.
[01:41:42.000 --> 01:41:46.000]  First they had one for me in 2014 and then one against me in 2015.
[01:41:46.000 --> 01:41:51.000]  Once the foreclosure started, your right to rescind was renewed.
[01:41:51.000 --> 01:41:54.000]  So I don't know that that ever stops.
[01:41:54.000 --> 01:41:55.000]  Oh, okay.
[01:41:55.000 --> 01:42:01.000]  Well, then that would put the end of my right to do that at August of this year.
[01:42:01.000 --> 01:42:04.000]  So I need to become an expert on that and get it done.
[01:42:04.000 --> 01:42:10.000]  Here's what may be the problem is once the foreclosure is completed,
[01:42:10.000 --> 01:42:12.000]  the mortgage is extinguished.
[01:42:12.000 --> 01:42:16.000]  So they may say there's nothing to rescind.
[01:42:16.000 --> 01:42:18.000]  Okay.
[01:42:18.000 --> 01:42:23.000]  I mean, once you had a court order, then it's going to say there's nothing to rescind.
[01:42:23.000 --> 01:42:27.000]  So make sure you research that issue out.
[01:42:27.000 --> 01:42:28.000]  Got it.
[01:42:28.000 --> 01:42:29.000]  Well, it is interesting.
[01:42:29.000 --> 01:42:37.000]  And if that order is later found to be void, maybe I'm doing it anyway just in case.
[01:42:37.000 --> 01:42:38.000]  There could be some value.
[01:42:38.000 --> 01:42:43.000]  But my concern here is that my original lender,
[01:42:43.000 --> 01:42:52.000]  Fremont, essentially in 2006, sent me a document that said that it was purchased slash assigned slash whatever.
[01:42:52.000 --> 01:42:53.000]  It's so damn ambiguous.
[01:42:53.000 --> 01:42:55.000]  You don't know what it is.
[01:42:55.000 --> 01:42:58.000]  But later, Chase is telling me they own it.
[01:42:58.000 --> 01:43:04.000]  And in three failed workout attempts, because they never intended to do anything,
[01:43:04.000 --> 01:43:10.000]  as they do in many instances, I must have paid them at least $35,000.
[01:43:10.000 --> 01:43:15.000]  And I'd like to get that back being that court documents filed, you know,
[01:43:15.000 --> 01:43:21.000]  with the county suggest they never had any capacity to do any of that.
[01:43:21.000 --> 01:43:24.000]  And they never intended to do anything good by me.
[01:43:24.000 --> 01:43:31.000]  So that's something I've yet to figure out how to attack or, you know,
[01:43:31.000 --> 01:43:34.000]  I don't know if we call that fraud or how we get the fraud on that.
[01:43:34.000 --> 01:43:38.000]  I can get the fraud with the assignment very easily, I think.
[01:43:38.000 --> 01:43:39.000]  I think it would be.
[01:43:39.000 --> 01:43:41.000]  OK, wait, wait, hang on.
[01:43:41.000 --> 01:43:45.000]  I'm having a little trouble understanding because you're fading in and out.
[01:43:45.000 --> 01:43:47.000]  But we'll pick this up on the other side.
[01:43:47.000 --> 01:43:48.000]  We're about to go to break.
[01:43:48.000 --> 01:43:51.000]  This is Randy Carroll coming to you by radio.
[01:43:51.000 --> 01:43:53.000]  We'll give out the calling number.
[01:43:53.000 --> 01:43:55.000]  We're reaching the end of the show.
[01:43:55.000 --> 01:44:00.000]  So we'll be right back.
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[01:46:01.000 --> 01:46:24.000]  MUSIC
[01:46:24.000 --> 01:46:25.000]  Okay, we are back.
[01:46:25.000 --> 01:46:29.000]  We're in the Keltan rule of law radio here with a special guest,
[01:46:29.000 --> 01:46:32.000]  Michael Bannerick, and we're talking to Mark in Texas.
[01:46:32.000 --> 01:46:34.000]  Okay, Mark.
[01:46:34.000 --> 01:46:35.000]  Oops, I muted you.
[01:46:35.000 --> 01:46:38.000]  There you go.
[01:46:38.000 --> 01:46:44.000]  Yeah, so I think we were basically at a point where I'm just kind of lit up a little bit
[01:46:44.000 --> 01:46:49.000]  because if I have three years from the date or the beginning of the foreclosure action,
[01:46:49.000 --> 01:46:51.000]  precision is still a possibility.
[01:46:51.000 --> 01:46:52.000]  No, no, no.
[01:46:52.000 --> 01:46:54.000]  No, that three years doesn't count anymore.
[01:46:54.000 --> 01:46:55.000]  Oh, okay.
[01:46:55.000 --> 01:46:58.000]  Three years is from closing.
[01:46:58.000 --> 01:46:59.000]  Okay.
[01:46:59.000 --> 01:47:03.000]  And that's from failure to give notice.
[01:47:03.000 --> 01:47:08.000]  After foreclosure, the right to rescind is reinvigorated.
[01:47:08.000 --> 01:47:14.000]  Once they send you a notice of acceleration, the right to rescind is invigorated,
[01:47:14.000 --> 01:47:19.000]  and there's no limit on that one.
[01:47:19.000 --> 01:47:27.000]  Oh, now that is interesting because, and in fact, if I may,
[01:47:27.000 --> 01:47:31.000]  where would I find this to look this up and just read it out?
[01:47:31.000 --> 01:47:37.000]  Do you have a citation or a suggestion?
[01:47:37.000 --> 01:47:38.000]  Wait a minute.
[01:47:38.000 --> 01:47:41.000]  I kind of missed part of that.
[01:47:41.000 --> 01:47:45.000]  Oh, you mean for quiet title?
[01:47:45.000 --> 01:47:50.000]  Well, I think my quiet title action is very simple,
[01:47:50.000 --> 01:47:55.000]  but it probably has to be done very well in order to be well received, I'm sure.
[01:47:55.000 --> 01:47:58.000]  It's crooked and crazy as the courts are,
[01:47:58.000 --> 01:48:05.000]  but I have something where I have an organization that prepared it.
[01:48:05.000 --> 01:48:10.000]  They have an employee of their company that signed it.
[01:48:10.000 --> 01:48:13.000]  This person doesn't matter if they're a MERS VP or not.
[01:48:13.000 --> 01:48:17.000]  They didn't sign as a MERS anything in this particular one.
[01:48:17.000 --> 01:48:18.000]  Okay.
[01:48:18.000 --> 01:48:26.000]  I have a specific argument on that issue. If you send me an email, I'll send it to you.
[01:48:26.000 --> 01:48:33.000]  Assignment, what I argue is a dead guy rose up from the grave
[01:48:33.000 --> 01:48:45.000]  and engaged MERS as an agent and ordered MERS to give away their property.
[01:48:45.000 --> 01:48:52.000]  The property belongs to the lender and the lender died.
[01:48:52.000 --> 01:48:58.000]  Well, the lender as a person died, person being a legal fiction,
[01:48:58.000 --> 01:49:03.000]  without assigning the mortgage to another entity.
[01:49:03.000 --> 01:49:08.000]  Therefore, I alleged that they abandoned it.
[01:49:08.000 --> 01:49:13.000]  And since it's a legal fiction, there is no probate.
[01:49:13.000 --> 01:49:19.000]  If I die, my property can be reassigned by the court.
[01:49:19.000 --> 01:49:23.000]  But when a company dies, there's no probate.
[01:49:23.000 --> 01:49:28.000]  So if they die without assigning, then they abandon.
[01:49:28.000 --> 01:49:34.000]  I think you mentioned that before and I didn't even put all that together, but that makes sense.
[01:49:34.000 --> 01:49:38.000]  I don't think there's any way they can say this is res uticata.
[01:49:38.000 --> 01:49:45.000]  They've already established that there was some capacity or that this was a valid assignment.
[01:49:45.000 --> 01:49:48.000]  It's not in the orders.
[01:49:48.000 --> 01:49:55.000]  If the assignment wasn't ruled on specifically, then it wasn't considered.
[01:49:55.000 --> 01:49:59.000]  And this is just fine to do then. Yeah.
[01:49:59.000 --> 01:50:06.000]  I don't mean to hurry you along, but we've got one more caller and I need to make time for Michael at the end.
[01:50:06.000 --> 01:50:08.000]  That's fine.
[01:50:08.000 --> 01:50:09.000]  Send me an email.
[01:50:09.000 --> 01:50:12.000]  I'll send you my quiet title what that argument is.
[01:50:12.000 --> 01:50:15.000]  Thank you, sir. Have a great evening.
[01:50:15.000 --> 01:50:17.000]  Thank you, Mark.
[01:50:17.000 --> 01:50:20.000]  Okay, now we're going to David in South Dakota.
[01:50:20.000 --> 01:50:22.000]  Hello, David.
[01:50:22.000 --> 01:50:23.000]  Hello, Randy.
[01:50:23.000 --> 01:50:27.000]  Nice to speak with you again and, Michael, nice to meet you.
[01:50:27.000 --> 01:50:29.000]  I have a quick question.
[01:50:29.000 --> 01:50:34.000]  When you look on an application for a U.S. passport, it has two places to check.
[01:50:34.000 --> 01:50:37.000]  Okay, hold on, David.
[01:50:37.000 --> 01:50:39.000]  You're fading in and out.
[01:50:39.000 --> 01:50:43.000]  Try to make sure you stay the same distance from the mic.
[01:50:43.000 --> 01:50:46.000]  Okay, is that better?
[01:50:46.000 --> 01:50:55.000]  Now we're getting the really bad mic from you.
[01:50:55.000 --> 01:50:59.000]  Okay, is that better?
[01:50:59.000 --> 01:51:05.000]  Hello?
[01:51:05.000 --> 01:51:07.000]  I can hear you.
[01:51:07.000 --> 01:51:09.000]  Okay, go ahead.
[01:51:09.000 --> 01:51:20.000]  On that U.S. application for a passport, one place says U.S. citizen and the other place says U.S. national.
[01:51:20.000 --> 01:51:26.000]  Now, as you were speaking earlier, Michael, you said that you're a citizen of the state of Texas.
[01:51:26.000 --> 01:51:34.000]  You recently came from Indiana, and I don't mean to be personal or don't take this wrong, but I just need it as an example.
[01:51:34.000 --> 01:51:41.000]  Were you a citizen of the state of Indiana before you personally moved to Texas?
[01:51:41.000 --> 01:51:43.000]  No.
[01:51:43.000 --> 01:51:45.000]  You were always a Texas citizen.
[01:51:45.000 --> 01:51:48.000]  You were just visiting in Indiana.
[01:51:48.000 --> 01:51:50.000]  Correct.
[01:51:50.000 --> 01:51:59.000]  Okay, so how do you determine, do you determine yourself where you are a resident of which state?
[01:51:59.000 --> 01:52:02.000]  Yes, of course I do.
[01:52:02.000 --> 01:52:11.000]  Okay, so it's up to the person to choose that state, and that's where he lives, but he can visit any place in the world, but he is a resident of that state.
[01:52:11.000 --> 01:52:13.000]  Right.
[01:52:13.000 --> 01:52:25.000]  Okay, and if you are a citizen of the state of Texas and you apply for an application for a passport, are you also a U.S. national?
[01:52:25.000 --> 01:52:27.000]  Yes.
[01:52:27.000 --> 01:52:47.000]  Okay, so we can say that a Fifth Amendment citizen, which is a U.S. national and is a citizen of one or more of the 50 states, never declares as a U.S. citizen, but always declares as a U.S. national.
[01:52:47.000 --> 01:52:53.000]  Yeah, that's up to you to make that declaration.
[01:52:53.000 --> 01:52:57.000]  But if you don't make it, they're going to assume you're a citizen.
[01:52:57.000 --> 01:53:08.000]  They will try to assume that you are a United States citizen, yes, because that's what gives them control over you and your property.
[01:53:08.000 --> 01:53:15.000]  However, you have to be vigilant and say, no, I am not a United States citizen.
[01:53:15.000 --> 01:53:21.000]  You have to take the responsibility to make sure there is no misunderstanding.
[01:53:21.000 --> 01:53:23.000]  I understand.
[01:53:23.000 --> 01:53:25.000]  Okay, now next question.
[01:53:25.000 --> 01:53:37.000]  When you sign as a U.S. national in the Uniform Commercial Code, I believe it's got two places, but the first one is 1.207 if they haven't moved it.
[01:53:37.000 --> 01:53:51.000]  When you sign without prejudice, which means all rights retained basically, you're specifically saying I'm signing my name as a Fifth Amendment citizen.
[01:53:51.000 --> 01:53:56.000]  It doesn't say that explicitly, but yes, that's the implication.
[01:53:56.000 --> 01:54:16.000]  Under the Constitution, it is assumed that you have rights unless you waive them. Under the Uniform Commercial Code, it is assumed that you do not have rights unless you explicitly reserve them.
[01:54:16.000 --> 01:54:32.000]  Assert them, okay. Now, that's above the signature. What if you put at arm's length under your signature, when you put all rights reserved or without prejudice above it, put in parentheses at arm's length?
[01:54:32.000 --> 01:54:40.000]  That means they can't add to or take from anything you're doing on that signature while you're signing that, correct?
[01:54:40.000 --> 01:54:48.000]  I'm unfamiliar with that phrase, at arm's length. I don't know what that does.
[01:54:48.000 --> 01:54:49.000]  Okay.
[01:54:49.000 --> 01:54:59.000]  Okay. I use at arm's length to the court when I do a challenge to subject matter jurisdiction because I'm saying I'm not in the court.
[01:54:59.000 --> 01:55:17.000]  I'm standing at a distance from the court, and until you prove that you have subject matter jurisdiction, I don't come into the jurisdiction of the court, so I can address the court without stepping into their jurisdiction.
[01:55:17.000 --> 01:55:23.000]  I don't know how it's used in UCC. David, can you explain that?
[01:55:23.000 --> 01:55:33.000]  Well, I didn't think that up from UCC. I'll give you an example of how I used it and what it did for me in a positive manner in just a moment.
[01:55:33.000 --> 01:55:57.000]  The other question, Michael, I have, when you put A-K-A and then put your boldface name and spell it out with boldface letters, and then after that put parentheses, alias, parentheses closed, that's basically saying, look, I'm a flesh and blood created by my Heavenly Father,
[01:55:57.000 --> 01:56:05.000]  I'm a U.S. citizen, Fifth Amendment, United States of America citizen, or U.S. national, as you have to say.
[01:56:05.000 --> 01:56:15.000]  I'm also being called by this boldface cap name, which is my alias. Does that make sense to you?
[01:56:15.000 --> 01:56:21.000]  It makes sense, but I've never done any of that before.
[01:56:21.000 --> 01:56:28.000]  What is the legal consequence of having an alias?
[01:56:28.000 --> 01:56:49.000]  Well, basically what he's trying to do is saying that, you know, the government has created this straw man for you, and he's trying to utilize the straw man as the flesh and blood person controlling the straw man.
[01:56:49.000 --> 01:57:09.000]  And so I think what he's trying to do is recognize to the court that, in this case, the flesh and blood person is, you know, taking control of that straw man uppercase character. Is that right?
[01:57:09.000 --> 01:57:19.000]  Basically, that's the reason. Now, here's the example, and I admit how powerful it was. I didn't know why, but I'm learning.
[01:57:19.000 --> 01:57:30.000]  For years, I'm a lot older than I sound. I'm 72 years old, and I've been getting checks from Social Security for 10 years, and for a long time they went to the bank.
[01:57:30.000 --> 01:57:40.000]  Then I decided to get them in paper check, so here they come, and I turn them over and endorse them, and I did exactly what I just explained to you.
[01:57:40.000 --> 01:57:54.000]  Without prejudice, you see, see, my signature, the way it was printed in both face caps from the government, under that, at arm's length, under that, aka, both face caps, alias.
[01:57:54.000 --> 01:58:05.000]  The first time I did that, it's fine to ask. The government has been taking 169 a month out of an old fax case, where they said I owed them back taxes, and they've been taking 160 a month.
[01:58:05.000 --> 01:58:17.000]  The first time I find that check that way, immediately, they stopped taking the money, they refunded every penny they'd taken, and they didn't take any more and have it sent.
[01:58:17.000 --> 01:58:32.000]  So it's unparalleled. I think it's the at arm's length with the alias that's treating me like a U.S. national rather than a U.S. citizen now.
[01:58:32.000 --> 01:58:34.000]  Does that make sense to you?
[01:58:34.000 --> 01:58:40.000]  I mean, it sounds plausible, but I haven't seen the evidence that you're talking about, so...
[01:58:40.000 --> 01:58:50.000]  Okay, hang on. I am afraid we are out of time. Thank you all for listening. We'll be right back.
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