ROL_2016-04-08_16k_Hr3-4.timecode

[00:00.000 --> 00:06.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing your jelly
[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 --> 00:29.000]  Markets for Friday, April 8, 2016, are currently trading with gold at $1,239.45 an ounce, silver
[00:29.000 --> 00:35.000]  at $19.36 an ounce, Texas crude at $37.26 a barrel, and Bitcoin is currently sitting
[00:35.000 --> 00:44.000]  at about $419 U.S. currency.
[00:44.000 --> 00:49.000]  Today in history, the year 1943, then U.S. President Franklin Roosevelt in Executive
[00:49.000 --> 00:55.000]  Order 9328 froze all wages and prices, prohibited workers from changing jobs unless the war
[00:55.000 --> 01:00.000]  effort called for it, and barred rate increases to common carriers and public utilities.
[01:00.000 --> 01:04.000]  All this interventionism was allowed in order to freeze inflation, which is itself caused
[01:04.000 --> 01:06.000]  by intervening in the money supply.
[01:06.000 --> 01:12.000]  FDR froze the economy today in history.
[01:12.000 --> 01:16.000]  In recent news, Laquan Air Force Base in San Antonio, Texas, had a shooting today involving
[01:16.000 --> 01:18.000]  two airmen who were killed.
[01:18.000 --> 01:21.000]  As of now, it appears media outlets at the scene are reporting that an airman shot his
[01:21.000 --> 01:25.000]  commanding officer and then himself, two Glocks were found at the site.
[01:25.000 --> 01:29.000]  U.S. Air Force said in a statement that this was a workplace violence incident and not
[01:29.000 --> 01:33.000]  a result of a terrorist attack, while the Bexar County Sheriff's Office did describe
[01:33.000 --> 01:35.000]  the deaths as a likely murder-suicide case.
[01:35.000 --> 01:39.000]  It's still uncertain how the Glocks made it on base, however, since individuals, including
[01:39.000 --> 01:43.000]  military personnel, are not allowed to carry weapons on site unless they are in security
[01:43.000 --> 01:51.000]  forces or the Air Force Office of Special Investigations.
[01:51.000 --> 01:55.000]  Inmates at seven different state prisons across Texas launched a work strike this week.
[01:55.000 --> 01:59.000]  It seems inmates refused to leave their cells, prompting all seven prisons to put their entire
[01:59.000 --> 02:01.000]  facilities on lockdown.
[02:01.000 --> 02:06.000]  According to the Incarcerated Workers Organization Committee, or IWOC, the problem in Texas is
[02:06.000 --> 02:10.000]  that prison labor does not contribute towards their parole considerations, the compensation
[02:10.000 --> 02:15.000]  which doesn't even add up to cover the inmates' $100 copay associated with their medical expenses
[02:15.000 --> 02:18.000]  and the heat they're put through in the Lone Star State can be deadly.
[02:18.000 --> 02:24.000]  The IWOC is also calling for 60% of the 180,000 prisoner laborers, which adds up to about
[02:24.000 --> 02:28.000]  100,000 jobs, should be given back to the citizenry, which would alleviate unemployment
[02:28.000 --> 02:29.000]  in the state.
[02:29.000 --> 02:33.000]  Keep in mind that prison workers received no benefits, no disability compensation, no
[02:33.000 --> 02:35.000]  Social Security, and no overtime pay.
[02:35.000 --> 02:39.000]  The Prison Policy Initiative, a nonprofit and nonpartisan research institute, described
[02:39.000 --> 02:44.000]  the 2 billion annual prison industrial industry as nothing less than legal slavery.
[02:44.000 --> 02:48.000]  The list of fixes and grievances can be seen on the IWOC webpage.
[02:48.000 --> 03:10.000]  This is Rick Brody with your Lowdown for April 8, 2016.
[03:10.000 --> 03:28.000]  Okay, we are back, Rainey Kelton, and we're talking to James in Texas.
[03:28.000 --> 03:42.000]  On an adhesion, I'm thinking an unconscionable contract is exactly dead on, because you are
[03:42.000 --> 03:51.000]  unduly influenced to accept a contract that no human being can make sense of.
[03:51.000 --> 03:59.000]  Well, it's no normal citizen or fool would sign a contract that contains a crime.
[03:59.000 --> 04:01.000]  Well, what is the crime?
[04:01.000 --> 04:04.000]  That was the other question I was going to ask.
[04:04.000 --> 04:10.000]  The crime is you've got to understand statutory law and common law.
[04:10.000 --> 04:14.000]  And I know that you can separate the difference.
[04:14.000 --> 04:21.000]  Under common law, Covenant 14 says they're going to follow all applicable state and federal,
[04:21.000 --> 04:25.000]  that's your statutory, and all non-appealable opinions.
[04:25.000 --> 04:34.000]  Okay, that is Covenant 16 in the Texas Fannie Mae Freddie Mac Uniform Instrument.
[04:34.000 --> 04:40.000]  But that's a contractual covenant.
[04:40.000 --> 04:46.000]  And it says it's going to follow Covenant, all non-appealable opinions.
[04:46.000 --> 04:52.000]  And one of those opinions is Covenant of Brushes Longin that the mortgage follows the note.
[04:52.000 --> 04:53.000]  Now, wait a minute.
[04:53.000 --> 04:58.000]  Covenant of Longin says that it does.
[04:58.000 --> 05:04.000]  It doesn't require it to.
[05:04.000 --> 05:07.000]  The mortgage follows the note.
[05:07.000 --> 05:16.000]  Covenant of Longin establishes the presumption that the mortgage follows the note.
[05:16.000 --> 05:18.000]  Doesn't mean it always does.
[05:18.000 --> 05:28.000]  It follows the note unless somebody specifically does something to keep it from following the note.
[05:28.000 --> 05:39.000]  But I don't see where that is a, it's not a statutory requirement.
[05:39.000 --> 05:45.000]  It's just that there are consequences if you do something different.
[05:45.000 --> 05:59.000]  And that's why in Covenant 21 it says the mortgage or the deed of trust is to follow a partial interest.
[05:59.000 --> 06:06.000]  And out of the Ninth Circuit Court of Appeal of Federal, they define what a partial interest is.
[06:06.000 --> 06:12.000]  That separates the note, that bifurcates the note, the mortgage and the note,
[06:12.000 --> 06:16.000]  and that can't happen under Covenant of Brushes Longin.
[06:16.000 --> 06:18.000]  Now, wait a minute.
[06:18.000 --> 06:22.000]  Maybe it's about how you understand that.
[06:22.000 --> 06:27.000]  Covenant of Longin establishes a presumption.
[06:27.000 --> 06:36.000]  But I can violate that presumption if I intentionally separate the two.
[06:36.000 --> 06:39.000]  I can do that, but there are consequences.
[06:39.000 --> 06:47.000]  And the consequence is that when I separate the security instrument from the promise to pay,
[06:47.000 --> 06:51.000]  then the security instrument becomes void.
[06:51.000 --> 06:55.000]  Correct. And the note becomes unsecured.
[06:55.000 --> 07:01.000]  Right. But that's not a statutory or legal requirement.
[07:01.000 --> 07:03.000]  That's all contractual.
[07:03.000 --> 07:06.000]  Yeah, which is common law.
[07:06.000 --> 07:09.000]  No, this is contract law.
[07:09.000 --> 07:15.000]  Yeah, it's contract law, but it's well...
[07:15.000 --> 07:24.000]  And from my perspective, that's the place to fight foreclosures, right there in that contract.
[07:24.000 --> 07:27.000]  All these people go into all of these esoteric places.
[07:27.000 --> 07:30.000]  Let's go look at that contract first.
[07:30.000 --> 07:35.000]  I just came across something, James, I'd like your opinion on it.
[07:35.000 --> 07:48.000]  I was working up a document for someone, and it went to 15 U.S. Code 1692E.
[07:48.000 --> 08:00.000]  And E required that all notices that are given must be, I forget the exact term, clear and understandable.
[08:00.000 --> 08:14.000]  And a compliance with this section was considered under the least sophisticated consumer standard.
[08:14.000 --> 08:17.000]  Okay, least sophisticated consumer.
[08:17.000 --> 08:29.000]  So I'm reading the Debit of Trust, and I read in the definitions that MERGE is defined as the beneficiary.
[08:29.000 --> 08:39.000]  Under the least sophisticated consumer perspective, this appears to me that since the lender prepared this document
[08:39.000 --> 08:47.000]  and created this definition of MERGE, where they defined MERGE as the beneficiary,
[08:47.000 --> 08:55.000]  then it is the intent of the lender to transfer its beneficial interest to MERGE.
[08:55.000 --> 09:00.000]  Isn't that how you become the beneficiary?
[09:00.000 --> 09:04.000]  Yes, that's how one becomes the beneficiary.
[09:04.000 --> 09:16.000]  So later we have MERGE doing this assignment, where MERGE assigns the beneficial interest from the lender to some other party.
[09:16.000 --> 09:25.000]  And surely they can do that, but MERGE can only assign the beneficial interest that the lender holds.
[09:25.000 --> 09:31.000]  Well, they don't hold any because they gave it to MERGE.
[09:31.000 --> 09:36.000]  I haven't seen that argument raised, but that's why I say this.
[09:36.000 --> 09:46.000]  Whoever wrote this was high on coke because we call it MERGE beneficiary right there in the definition section. It's just nuts.
[09:46.000 --> 09:50.000]  And then you go down to the second paragraph of the actual contract.
[09:50.000 --> 09:57.000]  The first paragraph assigns something to the trustee.
[09:57.000 --> 10:06.000]  So what does the contract assign to the trustee to hold in trust?
[10:06.000 --> 10:17.000]  Aren't there two aspects to the note, the beneficial interest and the beneficial, I mean, equitable title and legal title?
[10:17.000 --> 10:20.000]  Okay, let's look at the loan obligation.
[10:20.000 --> 10:27.000]  It consists of two contracts, the note and the mortgage. The mortgage needs to be taken care of.
[10:27.000 --> 10:38.000]  But look at the note itself. It has certain disclaimers in there that makes it unconscionable.
[10:38.000 --> 10:41.000]  Okay, which disclaimers?
[10:41.000 --> 10:50.000]  Okay, they're defining presentment. When they define presentment and all of that, it goes against that definition.
[10:50.000 --> 10:56.000]  It's not within UCC Article 3. There's a total different definition.
[10:56.000 --> 11:09.000]  Presentment in Article 3, the UCC Section 3 of the Uniform Commercial Code is a demand for payment in United States dollars.
[11:09.000 --> 11:14.000]  Upon presentment of the instrument, what is the instrument?
[11:14.000 --> 11:23.000]  No, hold on. Presentment in the UCC has a special definition.
[11:23.000 --> 11:34.000]  Presentment means I give you as a dunning letter. It's a bill.
[11:34.000 --> 11:38.000]  That's not true.
[11:38.000 --> 11:43.000]  Okay, correct me.
[11:43.000 --> 11:52.000]  I don't have UCC Article 3 in front of me, but presentment is to present the instrument for payment.
[11:52.000 --> 11:54.000]  Where is the instrument?
[11:54.000 --> 12:02.000]  Yeah, that's the presentment is you send them a bill, send them a dun, demand payment in United States dollars.
[12:02.000 --> 12:05.000]  That's what a presentment is.
[12:05.000 --> 12:15.000]  I have a big argument on that in my challenge to agency standing and capacity.
[12:15.000 --> 12:20.000]  I say, you sent me this presentment, and I have the definition of presentment in UCC.
[12:20.000 --> 12:26.000]  It defines that you sent me a demand for payment in United States dollars.
[12:26.000 --> 12:36.000]  Then I go through where if I respond to this and I pay the payment that's demanded,
[12:36.000 --> 12:45.000]  but I paid the payment to the wrong entity, then the indebtedness is not extinguished.
[12:45.000 --> 12:48.000]  That's another portion of UCC Article 3.
[12:48.000 --> 12:51.000]  Yeah, but okay.
[12:51.000 --> 12:54.000]  That's the commerce code.
[12:54.000 --> 12:59.000]  Okay, exactly.
[12:59.000 --> 13:04.000]  How are you using presentment here differently than what I was using it there?
[13:04.000 --> 13:07.000]  Well, the note carries one definition of presentment,
[13:07.000 --> 13:13.000]  and UCC Article 3 has a different definition of presentment.
[13:13.000 --> 13:18.000]  Then we look at the endorsement on the note itself,
[13:18.000 --> 13:24.000]  and there are no logs attached to it when they claim it's a bear instrument, okay?
[13:24.000 --> 13:28.000]  There's the unidentified secured party.
[13:28.000 --> 13:32.000]  They breach the note, and you're looking at the note only.
[13:32.000 --> 13:38.000]  They breach the contract.
[13:38.000 --> 13:41.000]  Okay, how does it breach the contract?
[13:41.000 --> 13:47.000]  What specifically breaches a contract when they endorse it in blank?
[13:47.000 --> 13:54.000]  Well, how do you endorse it in blank and follow UCC Article 3
[13:54.000 --> 14:04.000]  to keep it as a secured instrument without going to UCC Article 8 and 9?
[14:04.000 --> 14:06.000]  How do you do that?
[14:06.000 --> 14:09.000]  And you can't sign it and you can't do it electronically
[14:09.000 --> 14:14.000]  because e-sign excludes 8 and 9 and 3.
[14:14.000 --> 14:21.000]  Okay, you're referencing statutes without telling me what they are,
[14:21.000 --> 14:24.000]  so I don't have referential index.
[14:24.000 --> 14:27.000]  8 and 9 are pretty big chapters.
[14:27.000 --> 14:29.000]  Yes, they are.
[14:29.000 --> 14:37.000]  8 is the transformable record, and 9 is the secured kind of action.
[14:37.000 --> 14:43.000]  I still don't have enough to make sense of what you're trying to tell me.
[14:43.000 --> 14:47.000]  And I agree, both of those chapters are huge,
[14:47.000 --> 14:54.000]  but what I'm trying to say is e-sign excludes those chapters regardless of what they are.
[14:54.000 --> 14:56.000]  You can't electronically do this.
[14:56.000 --> 15:04.000]  That knocks out my doing it electronically.
[15:04.000 --> 15:17.000]  Okay, there is the e-filing act, but that would appear to make it exempt
[15:17.000 --> 15:20.000]  real property records from the e-filing act.
[15:20.000 --> 15:23.000]  Is that what you're referring to?
[15:23.000 --> 15:25.000]  No, no.
[15:25.000 --> 15:31.000]  You can e-file all day long, and that's fine under statutory.
[15:31.000 --> 15:34.000]  That's not a problem.
[15:34.000 --> 15:41.000]  But you can't electronically sign like MERS does to transfer a transferable record
[15:41.000 --> 15:49.000]  or the security interest that more follows the path of interest than Governor 21.
[15:49.000 --> 15:50.000]  You can't do that.
[15:50.000 --> 15:53.000]  You can't electronically do that.
[15:53.000 --> 16:02.000]  If you can electronically file documents with the county recorder,
[16:02.000 --> 16:07.000]  how would you not be able to file this electronically?
[16:07.000 --> 16:10.000]  What is the issue there?
[16:10.000 --> 16:13.000]  Okay, you can electronically file with the county,
[16:13.000 --> 16:15.000]  and I have no problem with that.
[16:15.000 --> 16:18.000]  There are statutes that allow you to electronically file,
[16:18.000 --> 16:26.000]  but prior to filing, it has to be eligible to be filed.
[16:26.000 --> 16:31.000]  Somebody is certifying that these documents are eligible to be filed.
[16:31.000 --> 16:32.000]  Okay, hold on.
[16:32.000 --> 16:38.000]  Once they're filed and the clerk does not pick up that they're ineligible to be filed,
[16:38.000 --> 16:43.000]  does that give it any effect at all?
[16:43.000 --> 16:50.000]  Are we still talking about the note? Because the note is not filed.
[16:50.000 --> 16:53.000]  No, we're talking about the mortgage.
[16:53.000 --> 16:54.000]  Okay, hang on.
[16:54.000 --> 17:14.000]  Randy Kelton, we'll be right back.
[17:24.000 --> 17:46.000]  Thank you.
[17:46.000 --> 18:01.000]  We'll be right back.
[18:01.000 --> 18:16.000]  We'll be right back.
[18:16.000 --> 18:31.000]  Thank you very much.
[18:31.000 --> 18:59.000]  Thank you very much.
[18:59.000 --> 19:12.000]  Order now.
[19:12.000 --> 19:14.000]  Well, don't let nothing get to you.
[19:14.000 --> 19:17.000]  Only the Father can deliver you.
[19:17.000 --> 19:20.000]  And don't let bad-minded people hurt you.
[19:20.000 --> 19:24.000]  And just sit and get behind them.
[19:24.000 --> 19:29.000]  Norman, my friend, and all the judges.
[19:54.000 --> 20:16.000]  Okay.
[20:16.000 --> 20:17.000]  We are back.
[20:17.000 --> 20:19.000]  Randy Kelton, Blue Vlog Radio.
[20:19.000 --> 20:21.000]  And it is official, folks.
[20:21.000 --> 20:27.000]  The problem we had earlier was my fault.
[20:27.000 --> 20:30.000]  I had a button in the wrong place on my mixer.
[20:30.000 --> 20:32.000]  My bad.
[20:32.000 --> 20:36.000]  Okay, I am fully responsible.
[20:36.000 --> 20:39.000]  Okay, back to James in Texas.
[20:39.000 --> 20:44.000]  Okay, I'm going to stop interrupting you, James,
[20:44.000 --> 20:47.000]  and kind of let you go through and get to your point.
[20:47.000 --> 20:51.000]  I've been interrupting you a lot today.
[20:51.000 --> 20:54.000]  I'm going to cut that out.
[20:54.000 --> 20:58.000]  I'm going to send you an email that's got a motion to dismiss based on an
[20:58.000 --> 21:03.000]  unconscionable contract that's filed in another state.
[21:03.000 --> 21:09.000]  And then you can look at 1635 under rescission.
[21:09.000 --> 21:17.000]  And you can see that there's a note in the mortgage that says,
[21:17.000 --> 21:22.000]  the banks have gotten notice that it's rescinded once you do it.
[21:22.000 --> 21:31.000]  And one of the things that is interesting about all of this is you've got two
[21:31.000 --> 21:35.000]  contracts, the note and the mortgage, that are signed at the same time.
[21:35.000 --> 21:39.000]  It's a singular contract.
[21:39.000 --> 21:42.000]  If you breach one, you breach the other.
[21:42.000 --> 21:48.000]  So if one is unconscionable, the other is unconscionable.
[21:48.000 --> 21:56.000]  Good, because the deed of trust is absolutely unconscionable.
[21:56.000 --> 22:06.000]  And it's also unenforceable. It's too ambiguous to be enforced.
[22:06.000 --> 22:11.000]  Well, I agree that it's unenforceable.
[22:11.000 --> 22:17.000]  It may be a contract, but it's an unconscionable contract.
[22:17.000 --> 22:23.000]  They filed it in record and it contains a fraud in it that I'm going to sit
[22:23.000 --> 22:27.000]  there and say, this has been reviewed by a number of attorneys throughout the
[22:27.000 --> 22:28.000]  country.
[22:28.000 --> 22:31.000]  They can't find a fault in it.
[22:31.000 --> 22:35.000]  And one attorney sat there and was fixing to go to an appellate court,
[22:35.000 --> 22:40.000]  dropped everything and just filed a motion to vacate the trial court's
[22:40.000 --> 22:44.000]  judgment based on an unconscionable contract.
[22:44.000 --> 22:50.000]  And he'll take that to the appellate court at that point.
[22:50.000 --> 22:57.000]  And that just happened today.
[22:57.000 --> 22:59.000]  So it gets very interesting, Randy.
[22:59.000 --> 23:03.000]  And I'll send you that email with a motion to dismiss.
[23:03.000 --> 23:05.000]  And it's out of the state of New Mexico.
[23:05.000 --> 23:08.000]  New Mexico has some pretty good laws.
[23:08.000 --> 23:12.000]  And out of the New Mexico Supreme Court, which is somewhere in the SCOTUS
[23:12.000 --> 23:18.000]  Supreme Court of the United States, I use the term SCOTUS.
[23:18.000 --> 23:20.000]  Good.
[23:20.000 --> 23:21.000]  Send me that email.
[23:21.000 --> 23:24.000]  I'd like to look at that.
[23:24.000 --> 23:25.000]  Okay.
[23:25.000 --> 23:27.000]  I'll get it emailed to you.
[23:27.000 --> 23:28.000]  Okay.
[23:28.000 --> 23:29.000]  Thank you.
[23:29.000 --> 23:30.000]  And I'll talk to you later.
[23:30.000 --> 23:31.000]  Okay.
[23:31.000 --> 23:33.000]  Thank you, James.
[23:33.000 --> 23:34.000]  Okay.
[23:34.000 --> 23:37.000]  Now we're going to go to Scott in Texas.
[23:37.000 --> 23:40.000]  Hello, Scott.
[23:40.000 --> 23:44.000]  Howdy, howdy.
[23:44.000 --> 23:47.000]  I have a mouthful of chocolate, sorry.
[23:47.000 --> 23:51.000]  What do you have for us?
[23:51.000 --> 23:52.000]  Nothing.
[23:52.000 --> 24:03.000]  I was just going to talk about having the courtroom block me out on a hearing that I
[24:03.000 --> 24:05.000]  was going to have Monday.
[24:05.000 --> 24:08.000]  And the lady, Leslie, good for her.
[24:08.000 --> 24:10.000]  Keep up the good work.
[24:10.000 --> 24:15.000]  And everybody, I would certainly like to read what she had wrote down.
[24:15.000 --> 24:18.000]  Sounds like some good writing.
[24:18.000 --> 24:26.000]  But on a court that locked me out or wouldn't let me have a motion hearing.
[24:26.000 --> 24:27.000]  Wait a minute.
[24:27.000 --> 24:30.000]  You're kind of starting in the middle.
[24:30.000 --> 24:35.000]  You're talking to me and you know that I know most of it, that our listeners don't.
[24:35.000 --> 24:39.000]  So kind of tell us what happened at the court.
[24:39.000 --> 24:44.000]  Well, I went to have a motions hearing and I was about five minutes late.
[24:44.000 --> 24:47.000]  And they locked the doors at 903.
[24:47.000 --> 24:50.000]  And like I said, I was there at 905.
[24:50.000 --> 24:52.000]  Well, so they didn't let me in.
[24:52.000 --> 24:55.000]  Well, eventually somebody came out.
[24:55.000 --> 24:58.000]  I walked in and sat down.
[24:58.000 --> 25:01.000]  Judge was here in some little few cases there.
[25:01.000 --> 25:03.000]  And then she said she was done.
[25:03.000 --> 25:06.000]  And the bailiff didn't have no more cases.
[25:06.000 --> 25:11.000]  So I went up immediately and went and talked to the bailiff and said, hey, you know, I'm
[25:11.000 --> 25:12.000]  here.
[25:12.000 --> 25:14.000]  And I'm here for a motions hearing.
[25:14.000 --> 25:18.000]  He goes, oh, well, you're late and you have to go post a cash bond or go outside and talk
[25:18.000 --> 25:19.000]  to the court clerk.
[25:19.000 --> 25:22.000]  Well, he boots me out of the courtroom.
[25:22.000 --> 25:30.000]  And I go out here and I'm talking to the lady having the court window to she I was thinking
[25:30.000 --> 25:33.000]  I'm having to reset this case again.
[25:33.000 --> 25:35.000]  She's like, no, you got to post a cash bond.
[25:35.000 --> 25:39.000]  All of a sudden I was like, no, I'm not posting a cash bond.
[25:39.000 --> 25:41.000]  I'm here for the motions hearing.
[25:41.000 --> 25:43.000]  I was here and I'm not going anywhere.
[25:43.000 --> 25:45.000]  And she was like, well, that's just the way it is.
[25:45.000 --> 25:47.000]  And turned around and walked out.
[25:47.000 --> 25:48.000]  And so I called Randy.
[25:48.000 --> 25:49.000]  I called you.
[25:49.000 --> 25:51.000]  And you were like, call 911.
[25:51.000 --> 25:53.000]  So I called 911.
[25:53.000 --> 25:58.000]  And now I'm calling 911 standing in the middle of the lobby calling the cops on the cops.
[25:58.000 --> 26:03.000]  And everybody's kind of like standing around looking kind of goofy.
[26:03.000 --> 26:06.000]  I go out in the parking lot and wait for about an hour.
[26:06.000 --> 26:08.000]  They never showed up.
[26:08.000 --> 26:15.000]  I call again and now I got 911 on dispatch calling the court clerk.
[26:15.000 --> 26:18.000]  And she's going, oh, yeah, that is us.
[26:18.000 --> 26:22.000]  She comes back and says, oh, you're going to have access to the court.
[26:22.000 --> 26:24.000]  Just go into the lobby and wait.
[26:24.000 --> 26:26.000]  And they'll call you into the courtroom.
[26:26.000 --> 26:28.000]  And I was like, okay, fine.
[26:28.000 --> 26:36.000]  So then after I hang up, go in there, sit in the lobby for 10 or 15 minutes, the bailiff,
[26:36.000 --> 26:41.000]  this is funny because the bailiff that was really cocky about throwing me out of that courtroom.
[26:41.000 --> 26:49.000]  Now he's sitting there having to stare at me for about a good 30 minutes walking around and looking at me.
[26:49.000 --> 26:54.000]  And the mail lady that came in, she goes, oh, hey, how's it going?
[26:54.000 --> 26:55.000]  He goes, fine.
[26:55.000 --> 26:56.000]  She goes, you having a good day?
[26:56.000 --> 27:04.000]  He goes, not at all because I've already called the cops on y'all for not letting me have access.
[27:04.000 --> 27:06.000]  And now I get to go in there.
[27:06.000 --> 27:09.000]  I jump right into front of the line.
[27:09.000 --> 27:13.000]  As soon as they let me into the courtroom, judge calls me up.
[27:13.000 --> 27:17.000]  She's like, oh, well, you got to postpone that because you were late.
[27:17.000 --> 27:19.000]  And she says, you want to see me?
[27:19.000 --> 27:21.000]  And I was like, yeah, I'm here for my motions hearing.
[27:21.000 --> 27:23.000]  She goes, well, you're late.
[27:23.000 --> 27:26.000]  And I was like, no, judge, I was here on, I got here as soon as I could.
[27:26.000 --> 27:27.000]  I was five minutes late.
[27:27.000 --> 27:33.000]  Every time I come here, the courtroom doors are locked and I can't have access to this court.
[27:33.000 --> 27:38.000]  And are you going to deny me my motions hearing?
[27:38.000 --> 27:40.000]  And she goes, no, basically reset.
[27:40.000 --> 27:42.000]  So fine, great.
[27:42.000 --> 27:49.000]  Boom, now I'm going to file charges on everybody in that whole courtroom on official oppression
[27:49.000 --> 27:59.000]  and then individually all the way up the chain or in there and then go for conspiracy on everybody.
[27:59.000 --> 28:08.000]  So that's to get everybody at the speed on a little low late Dallas there in North Texas.
[28:08.000 --> 28:09.000]  Good.
[28:09.000 --> 28:14.000]  So how much fun was that?
[28:14.000 --> 28:15.000]  Oh, my gosh.
[28:15.000 --> 28:17.000]  I was so livid.
[28:17.000 --> 28:20.000]  I just couldn't believe this little little podunk town.
[28:20.000 --> 28:26.000]  The only reason it made it on the map was because of a beer store back in the day where all these dry counties.
[28:26.000 --> 28:30.000]  And now they're going to railroad me and not even let me have a motions hearing.
[28:30.000 --> 28:32.000]  I couldn't believe that.
[28:32.000 --> 28:36.000]  And they had the audacity to think they could get away with it.
[28:36.000 --> 28:43.000]  I guess they think everybody's so stupid, don't even know half of their rights to even have a hearing.
[28:43.000 --> 28:46.000]  And these people think, oh, yeah, we're going to just do this.
[28:46.000 --> 28:49.000]  I was like, no, not today or not.
[28:49.000 --> 28:55.000]  And they couldn't believe it because when people stand up to these people, they just they can't believe it.
[28:55.000 --> 29:04.000]  And then they start getting a whole different attitude real fast when they realize you're not playing anymore.
[29:04.000 --> 29:13.000]  Yeah, we've had we've had two or three judges pull some really dumb stuff here in Dallas and the Dallas area in the last few days.
[29:13.000 --> 29:17.000]  And we've got a number of people that's going to be coming after them.
[29:17.000 --> 29:25.000]  Not just you, Scott's really been given these guys are working over.
[29:25.000 --> 29:27.000]  So where are you now?
[29:27.000 --> 29:30.000]  You have another hearing coming up?
[29:30.000 --> 29:36.000]  Well, I'll let you take it on out and then we'll finish up on the other side.
[29:36.000 --> 29:40.000]  OK, this is Randy Kelton radio.
[29:40.000 --> 29:44.000]  I call in number five, one, two, six, four, six, nineteen eighty four.
[29:44.000 --> 29:48.000]  Give us a call. We'll be taking your calls all night.
[29:48.000 --> 30:02.000]  We'll be right back.
[30:02.000 --> 30:05.000]  When you surf the Internet, you make it the false impression that you're alone.
[30:05.000 --> 30:08.000]  But advertisers are likely to be watching.
[30:08.000 --> 30:11.000]  And a Gallup poll says we don't like it one bit.
[30:11.000 --> 30:14.000]  I'm Catherine Albrecht and I'll be back to tell you more in just a moment.
[30:14.000 --> 30:16.000]  Privacy is under attack.
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[30:24.000 --> 30:26.000]  So protect your rights.
[30:26.000 --> 30:30.000]  Say no to surveillance and keep your information to yourself.
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[30:51.000 --> 30:57.000]  Researchers ask Internet users if advertisers should be allowed to customize online ads to match the websites they visited.
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[31:14.000 --> 31:16.000]  Number two, delete tracking cookies.
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[31:21.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[32:01.000 --> 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 --> 32:12.000]  And if we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights.
[32:12.000 --> 32:17.000]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
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[33:23.000 --> 33:45.000]  Okay, we are back. We're Andy Kelton, Rule of Law Radio, and we're talking to Stan Texas. Okay, go ahead, Scott.
[33:45.000 --> 33:53.000]  All right. Well, and I guess since I got kind of late Dallas a little bit tied up now,
[33:53.000 --> 34:03.000]  I'm going to go down to Dallas County grand jury and find out what's going on with criminal charges filed against a cop.
[34:03.000 --> 34:12.000]  And she, since I never got a letter back from the grand jury at all, then something is really kind of amiss there.
[34:12.000 --> 34:20.000]  So we'll just find out what's going on with that and then just have to file charges against the former of the grand jury
[34:20.000 --> 34:23.000]  and kind of jerk a knot in their chain.
[34:23.000 --> 34:30.000]  Do you have the name of the bailiff you talked to to drop the complaints off there?
[34:30.000 --> 34:35.000]  I actually have a video of him posted on YouTube.
[34:35.000 --> 34:42.000]  Oh, wonderful. That'll work. Okay, here's what you do.
[34:42.000 --> 34:55.000]  You go to the district clerk and ask to see the minutes of the grand jury as referenced by 20.21 Texas Code of Criminal Procedure.
[34:55.000 --> 35:07.000]  And when they can't produce the minutes, then you assume, well, I'm not sure what to say when they can't produce the minutes.
[35:07.000 --> 35:18.000]  Ask the clerk how an indictment gets to the court.
[35:18.000 --> 35:31.000]  Because 20.21 says that the foreman with the grand jury, the quorum of the grand jury present shall present the indictments to the clerk of the court
[35:31.000 --> 35:37.000]  and the clerk shall make notes in the minutes of the court.
[35:37.000 --> 35:41.000]  That's a statutory requirement, which you want to find.
[35:41.000 --> 35:56.000]  If you don't find minutes of the court showing that the action was true billed or no billed, then you assume it wasn't heard by the grand jury.
[35:56.000 --> 36:02.000]  But the only thing you really know is you gave it to the bailiff.
[36:02.000 --> 36:13.000]  So then you go back with a complaint against the bailiff for tampering with the government document.
[36:13.000 --> 36:19.000]  The way to get to these guys is you've got somebody hiding back there in the background.
[36:19.000 --> 36:31.000]  And we know it's a prosecutor, it's an ADA, a prosecuting attorney, and they're advising these non-lawyers in what to do.
[36:31.000 --> 36:39.000]  So if the bailiff, if you don't have any indication that the grand jury actually received your complaint,
[36:39.000 --> 36:45.000]  then you accuse the bailiff of secreting the complaint from the grand jury.
[36:45.000 --> 36:58.000]  And in the bailiff, his defense against an accusation of tampering with the government document is good faith relies on competent authority.
[36:58.000 --> 37:03.000]  Well, the prosecuting attorney told me to do this, that, or the other.
[37:03.000 --> 37:05.000]  Perfect.
[37:05.000 --> 37:10.000]  And the prosecuting attorney tells the bailiff to do this, that, or the other.
[37:10.000 --> 37:21.000]  He is not acting in the capacity of a prosecuting attorney, but rather as a lawyer giving legal advice.
[37:21.000 --> 37:25.000]  No immunity.
[37:25.000 --> 37:31.000]  Now, what are we going to do about filing charges on the foreman of a grand jury?
[37:31.000 --> 37:41.000]  Because I did, when I filed criminal charges on the judge in Tarrant County, the actual foreman did it down and shielded the prosecution.
[37:41.000 --> 37:44.000]  So just go file a criminal charge.
[37:44.000 --> 37:51.000]  Okay. That time you got a letter ostensibly from the foreman himself.
[37:51.000 --> 37:53.000]  Correct. That's how I sent you a copy.
[37:53.000 --> 37:57.000]  This time you didn't get a letter from the foreman.
[37:57.000 --> 37:59.000]  Correct.
[37:59.000 --> 38:06.000]  Do you know that the foreman actually saw these complaints?
[38:06.000 --> 38:11.000]  Well, the one in Tarrant County against the judge, but not the one against the judge.
[38:11.000 --> 38:15.000]  I'm not talking about Tarrant County. I'm talking about Dallas County.
[38:15.000 --> 38:18.000]  Dallas County I never got anything from.
[38:18.000 --> 38:22.000]  So you don't know if the jury ever saw these.
[38:22.000 --> 38:31.000]  You know you gave them to the bailiff with directions to give them to the foreman, but you don't know if he did or not.
[38:31.000 --> 38:37.000]  Exactly. And supposedly within 15 days you're supposed to give a response, correct?
[38:37.000 --> 38:41.000]  I'm not sure. That's really not in code.
[38:41.000 --> 38:42.000]  Okay.
[38:42.000 --> 38:49.000]  Because a grand jury can take as long to investigate one of these issues as they want to.
[38:49.000 --> 39:02.000]  But 15 days is good enough. If you don't get a response within 15 days and you assume the foreman didn't receive the package,
[39:02.000 --> 39:08.000]  and the only thing you know is you gave it to the bailiff. So he's the one you point at.
[39:08.000 --> 39:14.000]  You file against him and then he'll come back and say the prosecutor told me to do this, that, or the other.
[39:14.000 --> 39:18.000]  Then you get to sue the prosecutor.
[39:18.000 --> 39:24.000]  That'll make them crazy.
[39:24.000 --> 39:30.000]  Well, the question was on the second part was filing against the foreman in Tarrant County.
[39:30.000 --> 39:38.000]  Just file against the foreman of the Tarrant County grand jury with another grand jury, correct?
[39:38.000 --> 39:48.000]  Yes. Oh, yeah, that's perfect. So you've got a second grand jury that receives a complaint against the foreman of the first grand jury
[39:48.000 --> 39:53.000]  for not hearing your complaint, for not examining into your complaint.
[39:53.000 --> 39:58.000]  So if you're that second foreman, what are you going to think?
[39:58.000 --> 40:14.000]  It happened was the ADA, the district attorney, advised the foreman on what to do.
[40:14.000 --> 40:17.000]  So good luck on that.
[40:17.000 --> 40:25.000]  Now we go after the foreman for doing what the district attorney told him to do.
[40:25.000 --> 40:33.000]  When the next foreman gets it, he's going to look at it and say, oh, wait, wait, hold on here.
[40:33.000 --> 40:41.000]  You're going to ask me to do what this guy's being charged with?
[40:41.000 --> 40:47.000]  See, that's the point. We take what they do and turn it back on them.
[40:47.000 --> 40:53.000]  They tell the bailiff to do something wrong. We go after the bailiff.
[40:53.000 --> 41:00.000]  He's going to say, well, they told me to. Your problem, not problem.
[41:00.000 --> 41:06.000]  If they told you to dive head first out the third floor window, would you do it?
[41:06.000 --> 41:10.000]  You know, life is filled with little decisions. We all think so.
[41:10.000 --> 41:14.000]  You made yours, deal with the consequences.
[41:14.000 --> 41:19.000]  And then the bailiff is going to rail in righteous indignation.
[41:19.000 --> 41:25.000]  Justifiably so, because he acted with good faith reliance on competent authority.
[41:25.000 --> 41:34.000]  Problem. He's a public official. He can't claim ignorance.
[41:34.000 --> 41:40.000]  He can't justifiably claim good faith reliance.
[41:40.000 --> 41:44.000]  He's the one with the gun. He's the certified peace officer.
[41:44.000 --> 41:49.000]  He has a duty to know. He's hired as a licensed professional.
[41:49.000 --> 41:52.000]  Just like the lawyer, he has a duty to know.
[41:52.000 --> 42:00.000]  So we stay this way. We take it back on them.
[42:00.000 --> 42:03.000]  And I've got mine ready for the Tarrant County.
[42:03.000 --> 42:09.000]  I'm going to be filing a deformant of the Tarrant County grand jury as well.
[42:09.000 --> 42:15.000]  We gave them complaints from another county, and they sent a letter back saying,
[42:15.000 --> 42:22.000]  we examine an India accusation if I know Tarrant County offenses subject to indictment.
[42:22.000 --> 42:30.000]  But the code says the grand jury shall investigate into all offenses subject to indictment.
[42:30.000 --> 42:37.000]  There is no venue restriction for a grand jury, at least that's the argument that we're making.
[42:37.000 --> 42:43.000]  Okay. So you're ready to file some more complaints?
[42:43.000 --> 42:48.000]  Oh, I've got a ton of writing to do this weekend.
[42:48.000 --> 42:55.000]  I'm going to be so busy just writing up tons and tons of complaints on the Lake Dallas.
[42:55.000 --> 43:02.000]  And then Wednesday, I get to go to Rockwall County and go play out there
[43:02.000 --> 43:08.000]  and see if they really are going to go to trial and God bless them if they do.
[43:08.000 --> 43:11.000]  There'll be a lot of fun on that one.
[43:11.000 --> 43:14.000]  I might just scope that on my phone.
[43:14.000 --> 43:25.000]  Once you start taking them on, you'll find that the problem is not finding something to file against them on.
[43:25.000 --> 43:30.000]  The problem is sorting through all of the possibilities they give you
[43:30.000 --> 43:35.000]  because they will give you plenty of opportunity to file criminal charges against them.
[43:35.000 --> 43:38.000]  They just cannot get it right.
[43:38.000 --> 43:41.000]  Hang on, I'm about to go to break.
[43:41.000 --> 43:44.000]  Red Kelton, Rue La Radio.
[43:44.000 --> 43:47.000]  Tony, I see you there.
[43:47.000 --> 43:50.000]  We will get to both of you.
[43:50.000 --> 43:52.000]  We'll be right back.
[43:52.000 --> 44:02.000]  Oh, and Jimmy.
[44:02.000 --> 44:06.000]  Hello, my name is Stuart Smith from naturespureorganics.com
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[44:47.000 --> 45:01.000]  Visit naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:02.000 --> 46:31.000]  Music
[46:31.000 --> 46:32.000]  Okay, we are back.
[46:32.000 --> 46:37.000]  Randy Kelton, Rule of Law Radio and we're talking to Scott in Texas.
[46:37.000 --> 46:40.000]  Okay, Scott, we need to wrap you up.
[46:40.000 --> 46:45.000]  I got a bunch of callers and we're going to run out of time.
[46:45.000 --> 46:46.000]  I'm done.
[46:46.000 --> 46:47.000]  Goodbye.
[46:47.000 --> 46:48.000]  Okay.
[46:48.000 --> 46:50.000]  Get in touch.
[46:50.000 --> 46:56.000]  We'll both get some criminal charges filed this week just for yucks.
[46:56.000 --> 46:57.000]  Yes, sir.
[46:57.000 --> 46:58.000]  Y'all have a good evening.
[46:58.000 --> 46:59.000]  Okay.
[46:59.000 --> 47:00.000]  Thank you, Scott.
[47:00.000 --> 47:03.000]  Okay, now we're going to go to Jimmy in Maryland.
[47:03.000 --> 47:05.000]  Hello, Jimmy.
[47:05.000 --> 47:06.000]  Hello.
[47:06.000 --> 47:07.000]  How you doing, Randy?
[47:07.000 --> 47:09.000]  Doing good.
[47:09.000 --> 47:13.000]  If I keep all the buttons in the right place on my mixer,
[47:13.000 --> 47:18.000]  otherwise I won't be doing good when Deborah gets through with you.
[47:18.000 --> 47:22.000]  Can you hear me okay now, but tonight?
[47:22.000 --> 47:24.000]  Yeah, I've got it all straightened out now,
[47:24.000 --> 47:30.000]  but I must have bumped that button and it's over touched, so I'm never sure.
[47:30.000 --> 47:35.000]  I've got about 50 buttons on this mixer and I'm an electrical engineer.
[47:35.000 --> 47:38.000]  I don't know what all these buttons are for.
[47:38.000 --> 47:43.000]  Deborah tries to explain it to me and I'm too old and thick-headed to understand it,
[47:43.000 --> 47:44.000]  so I goofed up.
[47:44.000 --> 47:45.000]  My bad.
[47:45.000 --> 47:48.000]  Okay, what do we have today?
[47:48.000 --> 47:52.000]  Okay, I talked to you about two months ago about my case.
[47:52.000 --> 47:55.000]  I'm in the post-condition process.
[47:55.000 --> 48:02.000]  Ah, you're the two cases for driving without a valid license.
[48:02.000 --> 48:06.000]  Right, right, a suspended license, yeah.
[48:06.000 --> 48:15.000]  So I filed my motions to abate the stating for the sentencing hearing for violation of probation.
[48:15.000 --> 48:17.000]  I filed that.
[48:17.000 --> 48:22.000]  I was supposed to have a hearing on that this past Wednesday.
[48:22.000 --> 48:25.000]  When I went down there, I was on the docket.
[48:25.000 --> 48:28.000]  I had to go to the clerk to find out what was going on.
[48:28.000 --> 48:32.000]  They claimed that the judge had been out for a week,
[48:32.000 --> 48:34.000]  but I didn't receive any notice of anything.
[48:34.000 --> 48:36.000]  I asked the clerk what's going on.
[48:36.000 --> 48:39.000]  She, you know, she's calling, she looked on the computer.
[48:39.000 --> 48:41.000]  She couldn't find anything.
[48:41.000 --> 48:44.000]  She had to call the judge's clerk to find out what was going on.
[48:44.000 --> 48:47.000]  I think they misplaced my case or something.
[48:47.000 --> 48:50.000]  So what she told me was that they will have to reschedule.
[48:50.000 --> 48:54.000]  Of course, they said I would be transferred to another judge,
[48:54.000 --> 48:56.000]  but that's not what was happening.
[48:56.000 --> 49:01.000]  So they said they're going to reschedule my case for, I think, in May.
[49:01.000 --> 49:03.000]  So I had to get something in the mail.
[49:03.000 --> 49:06.000]  Well, I didn't receive no notice, and nobody else is in the court.
[49:06.000 --> 49:08.000]  It's all just me wondering what's going on.
[49:08.000 --> 49:12.000]  Okay, wait, have you filed an appeal?
[49:12.000 --> 49:18.000]  Well, I've already, I'm in the post-condition process,
[49:18.000 --> 49:21.000]  and I filed a petition for post-condition relief,
[49:21.000 --> 49:27.000]  and the waiver court costs were denied, and so I'm appealing that.
[49:27.000 --> 49:37.000]  Okay, so you're still, okay, you're saying you're not at the appellate area,
[49:37.000 --> 49:39.000]  isn't leveled yet, have you?
[49:39.000 --> 49:42.000]  If you have post-conviction, and if you're,
[49:42.000 --> 49:47.000]  you should have had filed a notice of intent to appeal, did you do that?
[49:47.000 --> 49:48.000]  Yes.
[49:48.000 --> 49:54.000]  Yes, yes, yes, I filed a notice of appeal for the denial of waiver of court costs.
[49:54.000 --> 49:59.000]  Okay, so how long do you have to file your brief?
[49:59.000 --> 50:05.000]  Well, I have to check with the court.
[50:05.000 --> 50:09.000]  I think it's something like 90s, but you generally get something from the court of special appeals
[50:09.000 --> 50:12.000]  telling you the schedule, and I haven't received anything yet from them.
[50:12.000 --> 50:14.000]  Don't wait on them.
[50:14.000 --> 50:17.000]  Go down and check back.
[50:17.000 --> 50:18.000]  Okay, I will.
[50:18.000 --> 50:21.000]  Because they are scoundrels.
[50:21.000 --> 50:25.000]  Okay, I'll do that then right away.
[50:25.000 --> 50:28.000]  You know, and on the past, I've usually, you know,
[50:28.000 --> 50:31.000]  sent me something, you know, what's going on, and give me the...
[50:31.000 --> 50:39.000]  Have you been looking through the records to find any other cases similar to yours?
[50:39.000 --> 50:42.000]  As I think about it, there aren't too many.
[50:42.000 --> 50:45.000]  As a matter of fact, I found out it was very rare.
[50:45.000 --> 50:49.000]  It's a rare case of people that file post-conviction reliefs for misdemeanors.
[50:49.000 --> 50:51.000]  It just doesn't really happen.
[50:51.000 --> 50:53.000]  The only people that do it, you know, they're incarcerated,
[50:53.000 --> 50:57.000]  they're locked up, and they're going to like step through that process.
[50:57.000 --> 50:59.000]  Okay, they're going to file, you're going to have something.
[50:59.000 --> 51:02.000]  You probably got more than they're telling you.
[51:02.000 --> 51:07.000]  But every court is required to keep a docket.
[51:07.000 --> 51:14.000]  Now, the courts play games with the word docket because there's an appearance docket.
[51:14.000 --> 51:17.000]  That's not the one I'm talking about.
[51:17.000 --> 51:22.000]  Before computers, if you go into these courts, you see these huge books.
[51:22.000 --> 51:28.000]  They're generally a foot and a half by two feet.
[51:28.000 --> 51:30.000]  Big books.
[51:30.000 --> 51:34.000]  And you open them up and they're just huge ledgers.
[51:34.000 --> 51:39.000]  And everything's filed, they write it in the ledger.
[51:39.000 --> 51:43.000]  And they'll have one of these for every case.
[51:43.000 --> 51:50.000]  Every document that's filed in the case is listed in this book.
[51:50.000 --> 51:59.000]  If they're not keeping hard copy dockets, you want to see the electronic docket,
[51:59.000 --> 52:04.000]  the one that lists all of the cases that have been filed.
[52:04.000 --> 52:10.000]  So generally, they're kind of stingy with the query they do to their database.
[52:10.000 --> 52:16.000]  So what I do, you know, I ask them, you know, this is the kind of case I'm looking for.
[52:16.000 --> 52:20.000]  Well, you don't have to give me the case number.
[52:20.000 --> 52:21.000]  Okay.
[52:21.000 --> 52:26.000]  I give them about 50 case numbers.
[52:26.000 --> 52:28.000]  Well, that's a lot of files.
[52:28.000 --> 52:30.000]  Yeah, life is tough.
[52:30.000 --> 52:33.000]  I had one tell me, you can only see five a day.
[52:33.000 --> 52:37.000]  9-1-1, this was Dallas County.
[52:37.000 --> 52:42.000]  After 9-1-1, they decided I could see more than five a day.
[52:42.000 --> 52:46.000]  So you don't want to help me make this easier, go get all the files.
[52:46.000 --> 52:53.000]  And once you do that, then they start to get a little easier to get along with.
[52:53.000 --> 52:57.000]  But find two or three cases like this that somebody's fought.
[52:57.000 --> 53:03.000]  You might talk to the clerks and say, has anybody been in here and fought this kind of case?
[53:03.000 --> 53:08.000]  One of the things, never start a fight with the clerk if you could avoid it.
[53:08.000 --> 53:15.000]  The clerks, you know, unless they've got a real attitude, they tend to be easy to get along with.
[53:15.000 --> 53:18.000]  They don't have a dog in your hunt.
[53:18.000 --> 53:21.000]  So, you know, they don't have a position.
[53:21.000 --> 53:30.000]  I just went to Weatherford, Texas to Parker County and talked to the district clerk and the county clerks.
[53:30.000 --> 53:35.000]  And they were just unbelievably friendly and helpful.
[53:35.000 --> 53:42.000]  So if you treat the clerks with dignity, they will bend over backwards to help you.
[53:42.000 --> 53:45.000]  And, you know, see if you have any cases like this.
[53:45.000 --> 53:56.000]  When I first started fighting my own cases, the first thing I did was went down and pulled a bunch of cases.
[53:56.000 --> 53:59.000]  You want to do that for the jurisdiction you're in first.
[53:59.000 --> 54:05.000]  And this gives you how all the basic documents are filed.
[54:05.000 --> 54:09.000]  And then you start looking for cases similar to yours.
[54:09.000 --> 54:15.000]  I have the best motion in limiting I have ever seen.
[54:15.000 --> 54:18.000]  It's 30 pages.
[54:18.000 --> 54:22.000]  And I pulled it out of one of these cases.
[54:22.000 --> 54:25.000]  I got really great stuff.
[54:25.000 --> 54:32.000]  The lawyers already did it for me, so go down and pull what they've already done.
[54:32.000 --> 54:34.000]  See if anybody's ever won.
[54:34.000 --> 54:38.000]  You may have some people that win.
[54:38.000 --> 54:42.000]  But go down and use the lawyers' research.
[54:42.000 --> 54:51.000]  And go to the Court of Appeals and look at the Court of Appeals probably be even easier.
[54:51.000 --> 54:58.000]  If you ask the clerks to look at a basis on right to travel, that's a hard enough topic.
[54:58.000 --> 55:00.000]  They'll know what it is.
[55:00.000 --> 55:02.000]  And most likely they will get you some cases.
[55:02.000 --> 55:06.000]  And in the Court of Appeals, you're going to have briefs.
[55:06.000 --> 55:09.000]  And that's what you want to see.
[55:09.000 --> 55:14.000]  Don't write your own brief.
[55:14.000 --> 55:19.000]  You need to hone one particular skill.
[55:19.000 --> 55:21.000]  And that's not legal research.
[55:21.000 --> 55:25.000]  It's plagiarizing.
[55:25.000 --> 55:27.000]  Use their work.
[55:27.000 --> 55:29.000]  Use the trained folks' work.
[55:29.000 --> 55:33.000]  Just cut and paste into your document.
[55:33.000 --> 55:39.000]  Make sure you're ready when it comes time to file the appeal so you get it in there on time.
[55:39.000 --> 55:40.000]  Okay.
[55:40.000 --> 55:41.000]  You went down to the court.
[55:41.000 --> 55:43.000]  They put off your hearing.
[55:43.000 --> 55:45.000]  You got one till May.
[55:45.000 --> 55:46.000]  Okay.
[55:46.000 --> 55:49.000]  What's up now?
[55:49.000 --> 55:54.000]  Now, one thing I want to ask you about, about the judicial misconduct on Bob Ravensis.
[55:54.000 --> 56:02.000]  This judge, I filed the judicial misconduct on her last year, a couple years ago.
[56:02.000 --> 56:06.000]  You and Jeff said to her, if you don't forbid, I could do that,
[56:06.000 --> 56:11.000]  because she accepted something to prosecute instead of the evidence.
[56:11.000 --> 56:13.000]  So I filed a judicial misconduct on her.
[56:13.000 --> 56:18.000]  And I tried to get her to recruit herself from having this probation hearing,
[56:18.000 --> 56:19.000]  but she denied it.
[56:19.000 --> 56:20.000]  She's going to hate it anyway.
[56:20.000 --> 56:23.000]  So I'm going to have to call her to answer.
[56:23.000 --> 56:29.000]  She's like, go ahead and file some judicial misconducts on her to get her to not want to deal with the case.
[56:29.000 --> 56:38.000]  Well, if you've already been convicted, it's probably not a good time to poke the bear.
[56:38.000 --> 56:39.000]  Okay.
[56:39.000 --> 56:47.000]  I would, I would keep real quiet until they, you get past the sentencing part.
[56:47.000 --> 56:48.000]  Okay.
[56:48.000 --> 56:50.000]  Make up, make up a good appeal.
[56:50.000 --> 56:56.000]  And you might want to do some information requests like transcripts and such,
[56:56.000 --> 57:01.000]  to let them know you're going to prosecute an effective appeal.
[57:01.000 --> 57:10.000]  It may make them want to just give you a deferred, you know, give you a time, sir,
[57:10.000 --> 57:15.000]  or whatever, just get you out of there.
[57:15.000 --> 57:21.000]  But if you really make them mad, then they'll throw you in jail longer.
[57:21.000 --> 57:25.000]  Well, what they, what they, what they talk about, what they said they want me to do is go, you know,
[57:25.000 --> 57:31.000]  reapply for a license and just come back and just show the license.
[57:31.000 --> 57:34.000]  That's basically what they said they, that I was supposed to do.
[57:34.000 --> 57:39.000]  But now to the monkey in it with this motion to abate proceedings.
[57:39.000 --> 57:40.000]  Okay.
[57:40.000 --> 57:43.000]  Get the license.
[57:43.000 --> 57:47.000]  My suggestion, I have a license.
[57:47.000 --> 57:52.000]  I could, I could fight this issue much more effectively than you could.
[57:52.000 --> 57:56.000]  Yeah.
[57:56.000 --> 58:02.000]  I got, I got other battles to fight and I'll take this on when I'm ready for it,
[58:02.000 --> 58:06.000]  but I'm not ready to fight that battle right now.
[58:06.000 --> 58:10.000]  So my suggestion is pick your battles real careful.
[58:10.000 --> 58:15.000]  If you can keep from going to jail, keep from going to jail.
[58:15.000 --> 58:18.000]  Liberty first.
[58:18.000 --> 58:23.000]  Our high-minded ideals, that's second.
[58:23.000 --> 58:24.000]  Liberty first.
[58:24.000 --> 58:30.000]  Don't go to jail.
[58:30.000 --> 58:32.000]  Okay.
[58:32.000 --> 58:33.000]  Hey, hey, man.
[58:33.000 --> 58:38.000]  Someone want to talk about what you've done and someone want to mention to you.
[58:38.000 --> 58:39.000]  Okay.
[58:39.000 --> 58:41.000]  Hey, we'll finish this up on the other side.
[58:41.000 --> 58:43.000]  This is Randy Kelton, Rural Radio.
[58:43.000 --> 58:47.000]  I call the number 512-646-1984.
[58:47.000 --> 58:50.000]  We'll be right back.
[59:18.000 --> 59:21.000]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.000 --> 59:24.000]  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 --> 59:30.000]  To order your free New Testament Recovery Version
[59:30.000 --> 59:33.000]  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 --> 59:44.000]  That's 888-551-0102.
[59:44.000 --> 59:49.000]  Or visit us online at bfa.org.
[59:49.000 --> 59:59.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:59.000 --> 01:00:04.000]  The following use flash is brought to you by the Lone Star Lowdown,
[01:00:04.000 --> 01:00:07.000]  providing your daily bulletins for the commodity market,
[01:00:07.000 --> 01:00:11.000]  today in history, news updates,
[01:00:11.000 --> 01:00:20.000]  and the inside scoop into the tides of the alternative.
[01:00:20.000 --> 01:00:23.000]  Markets for Friday, April 8, 2016,
[01:00:23.000 --> 01:00:28.000]  are currently trading with gold at $1,239.45 an ounce,
[01:00:28.000 --> 01:00:30.000]  silver, $15.36 an ounce,
[01:00:30.000 --> 01:00:33.000]  Texas crude, $37.26 a barrel,
[01:00:33.000 --> 01:00:44.000]  and Bitcoin is currently sitting at about $419 U.S. currency.
[01:00:44.000 --> 01:00:47.000]  Today in history, the year 1943,
[01:00:47.000 --> 01:00:51.000]  then U.S. President Franklin Roosevelt and Executive Order 9328
[01:00:51.000 --> 01:00:53.000]  froze all wages and prices,
[01:00:53.000 --> 01:00:56.000]  prohibited workers from changing jobs unless the war effort called for it,
[01:00:56.000 --> 01:01:00.000]  and barred rate increases to common carriers and public utilities.
[01:01:00.000 --> 01:01:03.000]  All this interventionism was allowed in order to freeze inflation,
[01:01:03.000 --> 01:01:06.000]  which is itself caused by intervening in the money supply.
[01:01:06.000 --> 01:01:12.000]  FDR froze the economy today in history.
[01:01:12.000 --> 01:01:15.000]  In recent news, Lackland Air Force Base in San Antonio, Texas,
[01:01:15.000 --> 01:01:18.000]  had a shooting today involving two airmen who were killed.
[01:01:18.000 --> 01:01:21.000]  As of now, it appears media outlets at the scene are reporting that
[01:01:21.000 --> 01:01:24.000]  an airman shot his commanding officer and then himself,
[01:01:24.000 --> 01:01:26.000]  two glocks were found at the site.
[01:01:26.000 --> 01:01:29.000]  U.S. Air Force said in a statement that this was a workplace violence incident,
[01:01:29.000 --> 01:01:31.000]  and not a result of a terrorist attack,
[01:01:31.000 --> 01:01:34.000]  while the Bexar County Sheriff's Office did describe the deaths
[01:01:34.000 --> 01:01:36.000]  as a likely murder-suicide case.
[01:01:36.000 --> 01:01:38.000]  It's still uncertain how the glocks made it on base, however,
[01:01:38.000 --> 01:01:40.000]  since individuals, including military personnel,
[01:01:40.000 --> 01:01:44.000]  are not allowed to carry weapons on site unless they are in security forces
[01:01:44.000 --> 01:01:52.000]  or the Air Force Office of Special Investigations.
[01:01:52.000 --> 01:01:54.000]  Inmates at seven different state prisons across Texas
[01:01:54.000 --> 01:01:56.000]  launched a work strike this week.
[01:01:56.000 --> 01:01:58.000]  It seems inmates refused to leave their cells,
[01:01:58.000 --> 01:02:02.000]  prompting all seven prisons to put their entire facilities on lockdown.
[01:02:02.000 --> 01:02:06.000]  According to the Incarcerated Workers Organization Committee, or IWOC,
[01:02:06.000 --> 01:02:08.000]  the problem in Texas is that prison labor does not contribute
[01:02:08.000 --> 01:02:10.000]  towards their parole considerations.
[01:02:10.000 --> 01:02:14.000]  The compensation, which doesn't even add up to cover the inmates' $100 copay
[01:02:14.000 --> 01:02:17.000]  associated with their medical expenses and the heat they're put through
[01:02:17.000 --> 01:02:19.000]  in the Lone Star State can be deadly.
[01:02:19.000 --> 01:02:23.000]  The IWOC is also calling for 60 percent of the 180,000 prisoner laborers,
[01:02:23.000 --> 01:02:27.000]  which adds up to about 100,000 jobs, should be given back to the citizenry,
[01:02:27.000 --> 01:02:29.000]  which would alleviate unemployment in the state.
[01:02:29.000 --> 01:02:33.000]  Keep in mind that prison workers receive no benefits, no disability compensation,
[01:02:33.000 --> 01:02:36.000]  no Social Security, and no overtime pay.
[01:02:36.000 --> 01:02:39.000]  The Prison Policy Initiative, a nonprofit and nonpartisan research institute,
[01:02:39.000 --> 01:02:42.000]  describes the two billion annual prison industrial industry
[01:02:42.000 --> 01:02:44.000]  as nothing less than legal slavery.
[01:02:44.000 --> 01:02:48.000]  The list of fixes and grievances can be seen on the IWOC Web page.
[01:02:48.000 --> 01:02:58.000]  This is Rick Roady with your Lowdown for April 8, 2016.
[01:03:18.000 --> 01:03:23.000]  Okay.
[01:03:23.000 --> 01:03:24.000]  We are back.
[01:03:24.000 --> 01:03:26.000]  We're ready to count on Rue Blah Radio.
[01:03:26.000 --> 01:03:30.000]  So what else do we have for you, Jimmy?
[01:03:30.000 --> 01:03:33.000]  I kind of keep interrupting people tonight.
[01:03:33.000 --> 01:03:35.000]  That's okay.
[01:03:35.000 --> 01:03:43.000]  No, I have some problems with the license issue because I turned it in in 98.
[01:03:43.000 --> 01:03:46.000]  When I called the MVA to find out the status on it,
[01:03:46.000 --> 01:03:48.000]  they said I have to take some classes.
[01:03:48.000 --> 01:03:53.000]  They said I got all these so-called suspended licenses in 2001
[01:03:53.000 --> 01:03:56.000]  and days after I turned it in.
[01:03:56.000 --> 01:03:58.000]  You know, all these crazy excessive fees and penalties,
[01:03:58.000 --> 01:04:01.000]  and then I got to go and they want me to take driving classes.
[01:04:01.000 --> 01:04:03.000]  And I'm like, I turned this thing in in 98.
[01:04:03.000 --> 01:04:05.000]  What is all this stuff after 98 is coming up?
[01:04:05.000 --> 01:04:07.000]  I don't know what's all that about.
[01:04:07.000 --> 01:04:08.000]  Okay.
[01:04:08.000 --> 01:04:14.000]  Look, this is going to be inconvenient.
[01:04:14.000 --> 01:04:18.000]  It's going to cost you some money.
[01:04:18.000 --> 01:04:26.000]  How much more inconvenient and costly will it be to sit in jail?
[01:04:26.000 --> 01:04:31.000]  We can fight for our rights, but we don't have to go to jail to get it done.
[01:04:31.000 --> 01:04:37.000]  We don't do any good if we wind up in jail.
[01:04:37.000 --> 01:04:39.000]  I've been there, done that.
[01:04:39.000 --> 01:04:43.000]  It really sucks.
[01:04:43.000 --> 01:04:46.000]  I wonder if we could stay out of jail.
[01:04:46.000 --> 01:04:50.000]  I'm more than willing to fight this issue.
[01:04:50.000 --> 01:04:52.000]  And they write me a ticket.
[01:04:52.000 --> 01:04:56.000]  I'm going to take on the right to travel issue.
[01:04:56.000 --> 01:05:01.000]  I've got a license, but I'm going to take on the right to travel
[01:05:01.000 --> 01:05:04.000]  because I wasn't using it at that time.
[01:05:04.000 --> 01:05:12.000]  About the only traffic issue that will get you put in jail is no license.
[01:05:12.000 --> 01:05:16.000]  Don't go to jail for this.
[01:05:16.000 --> 01:05:18.000]  Stay out here.
[01:05:18.000 --> 01:05:20.000]  Keep beating them up.
[01:05:20.000 --> 01:05:24.000]  You get in jail, they beat you up.
[01:05:24.000 --> 01:05:29.000]  So even if it's difficult, even if it's inconvenient,
[01:05:29.000 --> 01:05:38.000]  and even if it sticks in your craw to do it, don't go to jail.
[01:05:38.000 --> 01:05:41.000]  If there's any way you can avoid it, don't go to jail.
[01:05:41.000 --> 01:05:48.000]  And spend all the extra time you have and all the money you get to make
[01:05:48.000 --> 01:05:50.000]  while you would otherwise be in jail.
[01:05:50.000 --> 01:05:54.000]  Spend some of that on helping other people fight these issues
[01:05:54.000 --> 01:06:00.000]  and getting jurisdictionary and becoming a force to reckon with.
[01:06:00.000 --> 01:06:02.000]  Right.
[01:06:02.000 --> 01:06:07.000]  You won't become a force to reckon with from a jail cell.
[01:06:07.000 --> 01:06:13.000]  Right.
[01:06:13.000 --> 01:06:17.000]  I know there are guys out there that say, oh yeah, you ought to do this,
[01:06:17.000 --> 01:06:18.000]  you ought to do that.
[01:06:18.000 --> 01:06:21.000]  Yeah, we had Sam Kennedy, we had a bunch of these other guys.
[01:06:21.000 --> 01:06:26.000]  They're telling people to do all this stuff, and they're not doing it.
[01:06:26.000 --> 01:06:29.000]  So yeah, they want you to go to jail for their rights,
[01:06:29.000 --> 01:06:33.000]  but they don't want to go to jail for their own rights.
[01:06:33.000 --> 01:06:37.000]  And nobody should go to jail to fight these.
[01:06:37.000 --> 01:06:41.000]  We don't have to go to jail to win this fight.
[01:06:41.000 --> 01:06:45.000]  We don't have to be martyrs to win this fight.
[01:06:45.000 --> 01:06:50.000]  Remember what Patton said?
[01:06:50.000 --> 01:06:54.000]  Nobody ever won a war dying for his country.
[01:06:54.000 --> 01:07:00.000]  He won a war getting some other poor SOB to die for his country.
[01:07:00.000 --> 01:07:06.000]  Because yeah, we stay out of that, we learn, we fight, but we stay out of jail.
[01:07:06.000 --> 01:07:07.000]  Okay.
[01:07:07.000 --> 01:07:11.000]  But in the meantime, like I said, I have that motion to abate proceedings,
[01:07:11.000 --> 01:07:15.000]  and then I'm still going through the appealing process into the law
[01:07:15.000 --> 01:07:18.000]  called My Remedies.
[01:07:18.000 --> 01:07:23.000]  So they are aware of that, and I even quoted them the court case
[01:07:23.000 --> 01:07:27.000]  about exhaustion remedies and the statutes.
[01:07:27.000 --> 01:07:36.000]  Yeah, the better pleadings you write, the more deference they're going to give you.
[01:07:36.000 --> 01:07:39.000]  So if you don't spend any time doing your homework
[01:07:39.000 --> 01:07:43.000]  and just send some junk in there, they'll just blow it off.
[01:07:43.000 --> 01:07:48.000]  But once they figure out that you're really working to come after them,
[01:07:48.000 --> 01:07:53.000]  these guys are just there to make money.
[01:07:53.000 --> 01:07:58.000]  They don't want to put people in jail. It costs too much to put people in jail.
[01:07:58.000 --> 01:08:04.000]  So if you're going to fight them too hard, more likely they'll make you a deal.
[01:08:04.000 --> 01:08:08.000]  And it sounds like they already have.
[01:08:08.000 --> 01:08:11.000]  So get this license, and we'll make this go away,
[01:08:11.000 --> 01:08:13.000]  because we won't have this fight anymore.
[01:08:13.000 --> 01:08:19.000]  The last thing they want is for you to win the fight.
[01:08:19.000 --> 01:08:23.000]  So they almost always make some kind of deal to keep you from winning.
[01:08:23.000 --> 01:08:28.000]  So I do need to move on. We've got a whole bunch of callers.
[01:08:28.000 --> 01:08:30.000]  I understand.
[01:08:30.000 --> 01:08:33.000]  But stay out of jail.
[01:08:33.000 --> 01:08:35.000]  All right. I'll be in touch.
[01:08:35.000 --> 01:08:38.000]  Okay. Thank you, Jimmy.
[01:08:38.000 --> 01:08:44.000]  Okay. Now we're going to go to Tony Zavanya. Hello, Tony.
[01:08:44.000 --> 01:08:46.000]  Hey, how are you doing, Randy?
[01:08:46.000 --> 01:08:47.000]  Doing good.
[01:08:47.000 --> 01:08:49.000]  What do you got for us today?
[01:08:49.000 --> 01:08:54.000]  Can you hear me okay, loud, good, what?
[01:08:54.000 --> 01:08:56.000]  Say that again.
[01:08:56.000 --> 01:08:59.000]  I'm just asking, can you hear me okay?
[01:08:59.000 --> 01:09:02.000]  No, I can't hear a word you're saying.
[01:09:02.000 --> 01:09:03.000]  Okay.
[01:09:03.000 --> 01:09:06.000]  Yeah, I can hear you fine.
[01:09:06.000 --> 01:09:12.000]  Okay. I just wanted to tell you, I had a trial last weekend.
[01:09:12.000 --> 01:09:17.000]  You had mentioned before about if you give people enough rope, they hang themselves.
[01:09:17.000 --> 01:09:18.000]  Yes.
[01:09:18.000 --> 01:09:20.000]  And so this is getting kind of fun.
[01:09:20.000 --> 01:09:23.000]  So I just want to give you four brief highlights of the trial.
[01:09:23.000 --> 01:09:26.000]  And then I just have a few quick questions, okay?
[01:09:26.000 --> 01:09:28.000]  Okay.
[01:09:28.000 --> 01:09:29.000]  All right.
[01:09:29.000 --> 01:09:33.000]  Number one, we find out that they have the original knucklehead lawyer,
[01:09:33.000 --> 01:09:41.000]  who I thought was a knucklehead, filed a copy of the mortgage so it's not original in the case.
[01:09:41.000 --> 01:09:46.000]  Then the beautiful part is these guys, this is Bank of New York Mellon, by the way,
[01:09:46.000 --> 01:09:48.000]  that's brought this lawsuit.
[01:09:48.000 --> 01:09:52.000]  They bring a lady out from Colorado, that's their only witness.
[01:09:52.000 --> 01:09:56.000]  And I believe she was a document custodian.
[01:09:56.000 --> 01:10:02.000]  So she's testifying that her job is to authenticate and, you know,
[01:10:02.000 --> 01:10:07.000]  prove the accuracy of the previous servers, that everything was verified properly
[01:10:07.000 --> 01:10:09.000]  and accurate and all that good stuff.
[01:10:09.000 --> 01:10:10.000]  Okay.
[01:10:10.000 --> 01:10:18.000]  Let me give you a little bit from the Ginnie Mae manual.
[01:10:18.000 --> 01:10:19.000]  Okay.
[01:10:19.000 --> 01:10:26.000]  The lender puts together a bunch of notes and groups them together into a pool.
[01:10:26.000 --> 01:10:33.000]  He brings the note to a document custodian who's also a commitment officer for Ginnie Mae.
[01:10:33.000 --> 01:10:43.000]  And the document custodian certifies that the loan meets the pool requirements
[01:10:43.000 --> 01:10:46.000]  for Ginnie Mae who backs the loan.
[01:10:46.000 --> 01:10:54.000]  And then the document custodian must maintain possession of all of the documents
[01:10:54.000 --> 01:10:58.000]  and concerning the note.
[01:10:58.000 --> 01:11:04.000]  And generally the document custodian will be the servicer.
[01:11:04.000 --> 01:11:05.000]  Yeah.
[01:11:05.000 --> 01:11:07.000]  Well, it gets better.
[01:11:07.000 --> 01:11:12.000]  So she's on the stand testifying that, you know,
[01:11:12.000 --> 01:11:18.000]  she's verified all the servicing and all this stuff and that it's properly done
[01:11:18.000 --> 01:11:20.000]  and all the accuracy of the documents been verified
[01:11:20.000 --> 01:11:23.000]  and that they have the authority to service and for closing a loan.
[01:11:23.000 --> 01:11:29.000]  She's from Specialized Loan Servicing doing this in behalf of Bank of New York Mellon, right?
[01:11:29.000 --> 01:11:35.000]  So what we find out is that we read the mortgage and the note
[01:11:35.000 --> 01:11:40.000]  and then my lawyer asks whether or not she,
[01:11:40.000 --> 01:11:43.000]  what authority do they have to service this loan
[01:11:43.000 --> 01:11:45.000]  and she says there's a limited power of attorney.
[01:11:45.000 --> 01:11:48.000]  So he reviews the power of attorney
[01:11:48.000 --> 01:11:56.000]  and he asked her to look at the note, the mortgage and this power of attorney.
[01:11:56.000 --> 01:11:58.000]  And the question he asked her is,
[01:11:58.000 --> 01:12:03.000]  could you please tell me where Bank of New York Mellon is mentioned anywhere?
[01:12:03.000 --> 01:12:09.000]  And she says, well, it's not anywhere.
[01:12:09.000 --> 01:12:11.000]  Okay.
[01:12:11.000 --> 01:12:12.000]  Okay.
[01:12:12.000 --> 01:12:18.000]  So how did that?
[01:12:18.000 --> 01:12:19.000]  Okay.
[01:12:19.000 --> 01:12:21.000]  Okay, go ahead.
[01:12:21.000 --> 01:12:23.000]  You following what I'm saying?
[01:12:23.000 --> 01:12:24.000]  Yes, I'm following.
[01:12:24.000 --> 01:12:28.000]  After verifying the accuracy of all the documents,
[01:12:28.000 --> 01:12:32.000]  this is one of those American Wholesale lender beauties, you know?
[01:12:32.000 --> 01:12:34.000]  Oh, wonderful.
[01:12:34.000 --> 01:12:35.000]  Yeah, yeah, yeah.
[01:12:35.000 --> 01:12:39.000]  So after she's verified these documents that she's done everything correctly
[01:12:39.000 --> 01:12:43.000]  and all this wonderful stuff, you can thank Leslie.
[01:12:43.000 --> 01:12:46.000]  She provides a document to him the day before the trial,
[01:12:46.000 --> 01:12:52.000]  which is given to the lawyer, to the woman who's still on the stand being cross-examined,
[01:12:52.000 --> 01:12:53.000]  and the judge.
[01:12:53.000 --> 01:12:59.000]  And the document is the registry in New York for American Wholesale lender
[01:12:59.000 --> 01:13:04.000]  filing for business license in December of 2008
[01:13:04.000 --> 01:13:08.000]  after she has just testified to the accuracy of the pooling and service agreement
[01:13:08.000 --> 01:13:15.000]  being created in March of 2007, a year and a half earlier.
[01:13:15.000 --> 01:13:19.000]  That sounds like aggravated perjury.
[01:13:19.000 --> 01:13:21.000]  That's what I'm getting at, because that's what I'm getting at, Randy.
[01:13:21.000 --> 01:13:28.000]  I know that I can now see that civil and criminal lawsuits are coming.
[01:13:28.000 --> 01:13:29.000]  Criminal.
[01:13:29.000 --> 01:13:35.000]  For a long time, I've been saying criminal should be first.
[01:13:35.000 --> 01:13:36.000]  Okay.
[01:13:36.000 --> 01:13:41.000]  And you don't have to wait until the civil's done.
[01:13:41.000 --> 01:13:45.000]  You have a duty to give notice when it happens,
[01:13:45.000 --> 01:13:50.000]  not when it's convenient to you, the other party, or the court.
[01:13:50.000 --> 01:13:51.000]  Oh, that's good to know.
[01:13:51.000 --> 01:13:52.000]  Okay.
[01:13:52.000 --> 01:14:01.000]  And what they say is you cannot use criminal to gain leverage in civil.
[01:14:01.000 --> 01:14:08.000]  What you do is you file criminal charges against them at every opportunity.
[01:14:08.000 --> 01:14:14.000]  But when you come into the civil court, you never say a word about them.
[01:14:14.000 --> 01:14:21.000]  And if the other side comes to the court and complains about you filing criminal charges,
[01:14:21.000 --> 01:14:26.000]  you ask for sanctions because they're trying to use the criminal prosecution
[01:14:26.000 --> 01:14:29.000]  to gain leverage in a civil case.
[01:14:29.000 --> 01:14:31.000]  Turn it right back on them.
[01:14:31.000 --> 01:14:33.000]  Okay.
[01:14:33.000 --> 01:14:37.000]  Did you listen to Ms. Leslie earlier?
[01:14:37.000 --> 01:14:38.000]  Yeah, I did.
[01:14:38.000 --> 01:14:42.000]  In fact, you know, one thing she didn't mention about her,
[01:14:42.000 --> 01:14:45.000]  I read the same complaint she's got prepared,
[01:14:45.000 --> 01:14:49.000]  and the same lawyer we're talking about also mentioned
[01:14:49.000 --> 01:14:54.000]  that he's already in trouble for other stuff before she's even filed this.
[01:14:54.000 --> 01:14:59.000]  So I told her the day that this is filed, I said that judge's career is over.
[01:14:59.000 --> 01:15:02.000]  And good chance, good chance.
[01:15:02.000 --> 01:15:05.000]  Because one thing is going to raise his boundary.
[01:15:05.000 --> 01:15:09.000]  And I said, you know, there's got to be a way for her to look up
[01:15:09.000 --> 01:15:14.000]  what cases that he's been hearing and maybe be able to sniff out
[01:15:14.000 --> 01:15:17.000]  what problems that he's in trouble for, right?
[01:15:17.000 --> 01:15:19.000]  Oh, yeah, if he's a federal judge,
[01:15:19.000 --> 01:15:25.000]  she can go on to PACER and search by the judge's name.
[01:15:25.000 --> 01:15:29.000]  And frankly, if I could get people to help with this,
[01:15:29.000 --> 01:15:40.000]  I wanted to put together a company for the purpose of auditing lawyers.
[01:15:40.000 --> 01:15:47.000]  It's not hard to look at a case and see where the lawyer screwed up.
[01:15:47.000 --> 01:15:48.000]  We start auditing lawyers.
[01:15:48.000 --> 01:15:50.000]  I do that here.
[01:15:50.000 --> 01:15:54.000]  I have people that come to me where they've had attorneys.
[01:15:54.000 --> 01:16:02.000]  I did this for a company in Waco charged them $5,000
[01:16:02.000 --> 01:16:09.000]  and audited their law firm and told them, this is what your law firm did.
[01:16:09.000 --> 01:16:11.000]  This is how your law firm screwed you.
[01:16:11.000 --> 01:16:15.000]  This was the pleading your law firm should have filed.
[01:16:15.000 --> 01:16:21.000]  One of the other litigants had a lawyer out of New York and he did it all right.
[01:16:21.000 --> 01:16:23.000]  He said, look what this lawyer did.
[01:16:23.000 --> 01:16:26.000]  He gave adequate representation.
[01:16:26.000 --> 01:16:31.000]  The guy I gave the evaluation to didn't use it.
[01:16:31.000 --> 01:16:34.000]  They bankrupted him.
[01:16:34.000 --> 01:16:37.000]  He's in the process of liquidating everything.
[01:16:37.000 --> 01:16:43.000]  The guy that took him on and whose lawyer did it right, he came out unscathed.
[01:16:43.000 --> 01:16:47.000]  So look closely at what lawyers do.
[01:16:47.000 --> 01:16:53.000]  We need to start auditing these guys.
[01:16:53.000 --> 01:16:55.000]  Okay, hang on.
[01:16:55.000 --> 01:16:57.000]  About to go to break.
[01:16:57.000 --> 01:17:00.000]  We'll be right back.
[01:17:00.000 --> 01:17:05.000]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:19:30.000 --> 01:19:35.000]  Okay.
[01:19:35.000 --> 01:19:36.000]  We are back.
[01:19:36.000 --> 01:19:38.000]  Randy Kelton, Rue La Radio.
[01:19:38.000 --> 01:19:42.000]  And Tony, I'm going to stop interrupting you.
[01:19:42.000 --> 01:19:43.000]  Okay.
[01:19:43.000 --> 01:19:45.000]  They had this woman on the stand.
[01:19:45.000 --> 01:19:48.000]  I know you got other people to talk to, you know.
[01:19:48.000 --> 01:19:49.000]  Okay.
[01:19:49.000 --> 01:19:54.000]  Well, what was the outcome of this here?
[01:19:54.000 --> 01:19:58.000]  Well, we're in the middle right now of our post-trial briefs.
[01:19:58.000 --> 01:20:04.000]  And then the lawyer said it's probably going to take approximately 4 to 10 months to get a decision.
[01:20:04.000 --> 01:20:07.000]  4 to 10, that sounds about right.
[01:20:07.000 --> 01:20:14.000]  So how do you think it went from your perspective?
[01:20:14.000 --> 01:20:21.000]  Well, I mean, what we're doing is at that point, we're probably getting pretty close to having the statute of limitations being, you know,
[01:20:21.000 --> 01:20:30.000]  expired because of, you know, if they wanted to refile with the original copy of the mortgage, which I think is void anyway, you know.
[01:20:30.000 --> 01:20:31.000]  Okay.
[01:20:31.000 --> 01:20:32.000]  Let me ask a question then.
[01:20:32.000 --> 01:20:42.000]  If you're talking about statute of limitations, is there a restraining order against the lender?
[01:20:42.000 --> 01:20:43.000]  A restraining order?
[01:20:43.000 --> 01:20:45.000]  Yes.
[01:20:45.000 --> 01:20:46.000]  No.
[01:20:46.000 --> 01:20:49.000]  Okay.
[01:20:49.000 --> 01:20:56.000]  If there was a restraining order, that tolls the statute of limitations.
[01:20:56.000 --> 01:21:02.000]  When the judge says you can't move ahead, the clock pops.
[01:21:02.000 --> 01:21:12.000]  But if the judge hasn't said you can't move ahead and they're not moving ahead, the clock still runs.
[01:21:12.000 --> 01:21:13.000]  Okay.
[01:21:13.000 --> 01:21:21.000]  So if you can get this case, okay, you're the defendant or you're the plaintiff?
[01:21:21.000 --> 01:21:23.000]  I'm the defendant.
[01:21:23.000 --> 01:21:24.000]  Okay, you're the defendant.
[01:21:24.000 --> 01:21:33.000]  If you can get this case dismissed, it is as if the case was never filed.
[01:21:33.000 --> 01:21:43.000]  As long as the judge didn't issue any orders to restrain them from foreclosing, they could have foreclosed any time they wanted to.
[01:21:43.000 --> 01:21:50.000]  But generally when you sue them or when they come after you, they don't.
[01:21:50.000 --> 01:21:51.000]  Okay, hold on.
[01:21:51.000 --> 01:21:53.000]  Let me take a step back.
[01:21:53.000 --> 01:21:57.000]  Is this, you're in Pennsylvania.
[01:21:57.000 --> 01:21:58.000]  Right.
[01:21:58.000 --> 01:22:02.000]  What kind of suit is this they filed?
[01:22:02.000 --> 01:22:15.000]  Okay, that's what I wanted to make sure of because I think, if I remember right, Pennsylvania is kind of a mortgage state and kind of a deed of trust state like Massachusetts.
[01:22:15.000 --> 01:22:19.000]  Or is it totally a mortgage state?
[01:22:19.000 --> 01:22:23.000]  They have the long draw line process, unlike Florida or places like that.
[01:22:23.000 --> 01:22:26.000]  Okay.
[01:22:26.000 --> 01:22:37.000]  If they have to file a suit to foreclose, then if you can't get it dismissed, I'm not sure.
[01:22:37.000 --> 01:22:47.000]  I'm going to suspect that when they filed suit that they met the statute of limitations.
[01:22:47.000 --> 01:22:55.000]  And I don't think you'll get a shot at statute of limitations because you think about it, it wouldn't be equitable.
[01:22:55.000 --> 01:23:04.000]  If I sue you and you stalled me in court a long time and my suit gets thrown out because I made a minor error, then I have to refile.
[01:23:04.000 --> 01:23:08.000]  I can't refile because you ran me out of time.
[01:23:08.000 --> 01:23:10.000]  Yeah, but it's not me running them out of time.
[01:23:10.000 --> 01:23:11.000]  Okay.
[01:23:11.000 --> 01:23:18.000]  You know, when I said that, I'm thinking, that don't make sense.
[01:23:18.000 --> 01:23:27.000]  Look at it. You may well be that if you can take them past the statute of limitations, they can't come back.
[01:23:27.000 --> 01:23:33.000]  That would be great. Have you filed any kind of rescission?
[01:23:33.000 --> 01:23:35.000]  No.
[01:23:35.000 --> 01:23:46.000]  After the foreclosure, if you can show more than $35 undisclosed fees, their right to rescind is reinvigorated.
[01:23:46.000 --> 01:23:51.000]  Look in the Truth in Lending Act, last statute.
[01:23:51.000 --> 01:24:00.000]  What's funny you mention that because Randy, I forgot to mention that, that they produced an incomplete loan history, incomplete, inaccurate,
[01:24:00.000 --> 01:24:06.000]  and she could not account for some of the fees that he brought up, but I believe that's why he brought that up, maybe.
[01:24:06.000 --> 01:24:08.000]  Perfect.
[01:24:08.000 --> 01:24:13.000]  Look in the Truth in Lending Act, very last statute.
[01:24:13.000 --> 01:24:23.000]  With Jasnowski, that's the case that said that when you file a notice of rescission, the rescission is accomplished.
[01:24:23.000 --> 01:24:26.000]  But they say you only got three years to file it.
[01:24:26.000 --> 01:24:33.000]  Nobody talks about the last statute in the Truth in Lending Act.
[01:24:33.000 --> 01:24:40.000]  Once a notice of intent to foreclose or a notice of acceleration is filed,
[01:24:40.000 --> 01:24:50.000]  you can show more than $35 undisclosed fees, their right is reinvigorated, and that one has no limitation on it.
[01:24:50.000 --> 01:24:55.000]  Well, I guess we can thank our lady who was on the stand and testified to that.
[01:24:55.000 --> 01:25:05.000]  Okay. Now, send in a notice of rescission.
[01:25:05.000 --> 01:25:10.000]  She testified to that. Send in a notice of rescission based on that testimony,
[01:25:10.000 --> 01:25:17.000]  and now you've got the argument that rescission is a fee to comply. It's done.
[01:25:17.000 --> 01:25:20.000]  Okay.
[01:25:20.000 --> 01:25:21.000]  Okay.
[01:25:21.000 --> 01:25:22.000]  Okay.
[01:25:22.000 --> 01:25:28.000]  Now, I wanted to ask you because I told you, Randy, I can already see these guys are such just idiots.
[01:25:28.000 --> 01:25:32.000]  I can already see the civil and the criminal lawsuits coming.
[01:25:32.000 --> 01:25:41.000]  So with that in mind, the note has a stamp signature on there that says, pay to the order of, which is blank.
[01:25:41.000 --> 01:25:49.000]  And then it's signed by an executive vice president of Countrywide that was deposed in 2012.
[01:25:49.000 --> 01:25:57.000]  And the most important question in deposition was that she admitted never citing her name to a note, which is the robociting.
[01:25:57.000 --> 01:26:03.000]  What could be done with that aspect alone because my lawyer has some questions as far as my belief on it
[01:26:03.000 --> 01:26:07.000]  and what I want done regarding that specifically.
[01:26:07.000 --> 01:26:10.000]  Wade, I couldn't understand that last part.
[01:26:10.000 --> 01:26:17.000]  Okay. Well, me and my lawyer are in a bit of, I believe that there's more weight to it than he believes there is.
[01:26:17.000 --> 01:26:22.000]  And I want that included. And so I'm asking you how that could be done.
[01:26:22.000 --> 01:26:28.000]  First of all, use this analogy for your lawyer.
[01:26:28.000 --> 01:26:38.000]  I sued the sheriff of my county once and Robert Hopkins, he had just ran for the legislature.
[01:26:38.000 --> 01:26:44.000]  He looked at my suit and he said, Mr. Kelton, everything in him but the kitchen sink.
[01:26:44.000 --> 01:26:47.000]  I said, yes, as a matter of fact, that did.
[01:26:47.000 --> 01:26:51.000]  He said, you know, this goes to the horse turd analogy.
[01:26:51.000 --> 01:26:55.000]  You know, horse turds are big, dry, clumpy things.
[01:26:55.000 --> 01:27:04.000]  He said, if you throw enough turds up against the wall, one of them is going to stick.
[01:27:04.000 --> 01:27:06.000]  Well, that's exactly what I told him today.
[01:27:06.000 --> 01:27:13.000]  I told him that I said, look, I said, whether you agree with me, he's agreeable and he'll put in what I want,
[01:27:13.000 --> 01:27:15.000]  but sometimes he'll tell me it doesn't matter.
[01:27:15.000 --> 01:27:17.000]  I said, I don't care what they think.
[01:27:17.000 --> 01:27:19.000]  I don't care if we're going to lose it.
[01:27:19.000 --> 01:27:22.000]  I said, I just want it on the record.
[01:27:22.000 --> 01:27:25.000]  You're setting the record for appeal.
[01:27:25.000 --> 01:27:30.000]  With that in mind, though, specifically, that's a forged document.
[01:27:30.000 --> 01:27:36.000]  So how can that be brought up in the post-trial briefs?
[01:27:36.000 --> 01:27:38.000]  That should be brought up on it.
[01:27:38.000 --> 01:27:43.000]  If it's a forged document, then you should file criminally on that.
[01:27:43.000 --> 01:27:45.000]  Well, let's put it this way.
[01:27:45.000 --> 01:27:49.000]  Katie admitted the signature she admitted in a 2012 deposition.
[01:27:49.000 --> 01:27:52.000]  They asked her, did you sign your name to any promissory note?
[01:27:52.000 --> 01:27:53.000]  And her answer was no.
[01:27:53.000 --> 01:27:55.000]  That's forgery.
[01:27:55.000 --> 01:28:00.000]  Are you familiar with the doctrine of collateral estoppel?
[01:28:00.000 --> 01:28:03.000]  Me and Leslie have talked about that a couple of times.
[01:28:03.000 --> 01:28:04.000]  Okay.
[01:28:04.000 --> 01:28:14.000]  When you go into a court and you take a position, you cannot subsequently go into another court and take a different position.
[01:28:14.000 --> 01:28:19.000]  She has made that statement in court.
[01:28:19.000 --> 01:28:29.000]  She is collaterally stopped from altering the statement later, even if the statement when she made it was false.
[01:28:29.000 --> 01:28:32.000]  She made it in court under oath.
[01:28:32.000 --> 01:28:36.000]  She's collaterally stopped from taking a different position.
[01:28:36.000 --> 01:28:40.000]  I understand that, but how can I bring that up in my briefs?
[01:28:40.000 --> 01:28:42.000]  In other words, that's in my briefs.
[01:28:42.000 --> 01:28:46.000]  I didn't say that. I'm sorry. I didn't say that right.
[01:28:46.000 --> 01:28:47.000]  Okay.
[01:28:47.000 --> 01:28:51.000]  It's not her. It's the litigant.
[01:28:51.000 --> 01:28:58.000]  It's the lender is the one that's subject to collateral estoppel, not her.
[01:28:58.000 --> 01:29:00.000]  Oh.
[01:29:00.000 --> 01:29:07.000]  So the lender can't come in and say, this person signed this document.
[01:29:07.000 --> 01:29:12.000]  No, you can't say that because in another court she said she didn't sign any of these documents.
[01:29:12.000 --> 01:29:19.000]  You can't now come in here and say, oh, yes, she didn't sign any of these except this one.
[01:29:19.000 --> 01:29:24.000]  You've already taken that position. You can't change it.
[01:29:24.000 --> 01:29:30.000]  Any limitations of being an out-of-state decision, which my lawyer has brought up several times?
[01:29:30.000 --> 01:29:41.000]  It's called good faith and I'll think of the term in a second.
[01:29:41.000 --> 01:29:46.000]  Okay. Here's what the court says.
[01:29:46.000 --> 01:29:56.000]  If you have an issue that our legislature or our courts have not addressed,
[01:29:56.000 --> 01:30:00.000]  we're back to follow up on what you said.
[01:30:00.000 --> 01:30:03.000]  India's snake charmers face dangers every day,
[01:30:03.000 --> 01:30:07.000]  but that's nothing compared to the wrath they face from animal rights activists.
[01:30:07.000 --> 01:30:08.000]  I'm Dr. Catherine Albrecht.
[01:30:08.000 --> 01:30:14.000]  I'll be back in just a moment to tell you why 1,000 snake handlers have taken to the streets to protest.
[01:30:14.000 --> 01:30:18.000]  Your search engine is watching you, recording all your searches
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[01:30:45.000 --> 01:30:49.000]  The Snake Charmers Federation of India is a coalition of thousands
[01:30:49.000 --> 01:30:53.000]  fighting for the right to perform street shows with live snakes, I kid you not.
[01:30:53.000 --> 01:30:59.000]  An amazing 800,000 Indians make a living from their craft, which is handed down from father to son.
[01:30:59.000 --> 01:31:04.000]  When India passed a Wildlife Protection Act that outlaws the ancient practice of snake charming,
[01:31:04.000 --> 01:31:07.000]  1,000 snake handlers turned out to protest.
[01:31:07.000 --> 01:31:10.000]  About 20,000 people are now in jail for defying the ban.
[01:31:10.000 --> 01:31:13.000]  But it turns out the Charmers aren't quite as brave as they let on.
[01:31:13.000 --> 01:31:17.000]  Animal rights activists say they often sew snakes' mouths shut,
[01:31:17.000 --> 01:31:22.000]  remove their fangs, or destroy their venom glands to make them harmless and defenseless.
[01:31:22.000 --> 01:31:24.000]  Act. That's not charming at all.
[01:31:24.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:48.000]  And thousands of my fellow first responders are dying.
[01:31:48.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer.
[01:31:51.000 --> 01:31:52.000]  I'm a New York City correction officer.
[01:31:52.000 --> 01:31:53.000]  I'm an Air Force pilot.
[01:31:53.000 --> 01:31:55.000]  I'm a father who lost his son.
[01:31:55.000 --> 01:31:57.000]  We're Americans, and we deserve the truth.
[01:31:57.000 --> 01:32:00.000]  Go to RememberBuilding7.org today.
[01:32:00.000 --> 01:32:03.000]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.000 --> 01:32:06.000]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.000 --> 01:32:09.000]  Come on, we all know the government caused it with their Kim Trails,
[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 Kim Trails, but I'm serious about your roof.
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[01:32:29.000 --> 01:32:31.000]  and your roof right the first time.
[01:32:31.000 --> 01:32:38.000]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.000 --> 01:32:40.000]  Mention the crypto show and get $100 off,
[01:32:40.000 --> 01:32:43.000]  and we'll donate another $100 to the Logos Radio Network
[01:32:43.000 --> 01:32:45.000]  to help continue this programming.
[01:32:45.000 --> 01:32:49.000]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:49.000 --> 01:32:56.000]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.000 --> 01:32:58.000]  Discounts are based on full roof replacement.
[01:32:58.000 --> 01:33:01.000]  May not actually be kidding about Kim Trails.
[01:33:01.000 --> 01:33:19.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:19.000 --> 01:33:20.000]  Okay, we are back.
[01:33:20.000 --> 01:33:26.000]  Randy Kelp, Rue Blah Radio, and I just ran off the cliff again.
[01:33:26.000 --> 01:33:28.000]  Okay.
[01:33:28.000 --> 01:33:30.000]  Tony?
[01:33:30.000 --> 01:33:35.000]  Yes, you brought up a very important point that I want to ask you about, Randy.
[01:33:35.000 --> 01:33:39.000]  When you say that the lender's collateral is stopped from using that document
[01:33:39.000 --> 01:33:41.000]  and they submitted it as an exhibit,
[01:33:41.000 --> 01:33:46.000]  while the woman has stated on the stand that she has verified these documents,
[01:33:46.000 --> 01:33:51.000]  they have done that with knowledge, and is that not a criminal act?
[01:33:51.000 --> 01:33:59.000]  No, this doesn't really go to perjury.
[01:33:59.000 --> 01:34:03.000]  But if they'll collaterally stop from using it, and they used it anyway...
[01:34:03.000 --> 01:34:14.000]  Well, then what you do is you move the court to not consider that document
[01:34:14.000 --> 01:34:18.000]  because they're collaterally stopped from bringing it.
[01:34:18.000 --> 01:34:21.000]  That's the note.
[01:34:21.000 --> 01:34:23.000]  Perfect.
[01:34:23.000 --> 01:34:25.000]  Now, wait a minute.
[01:34:25.000 --> 01:34:27.000]  It can't be the note.
[01:34:27.000 --> 01:34:30.000]  I think it also fails the law of agency, does it not?
[01:34:30.000 --> 01:34:33.000]  Oh, law of agency?
[01:34:33.000 --> 01:34:36.000]  No, the agency is somewhat different.
[01:34:36.000 --> 01:34:44.000]  She claims, okay, her signature is on the note, and she claims she's never signed one,
[01:34:44.000 --> 01:34:50.000]  so you move to strike the document as fraudulent.
[01:34:50.000 --> 01:34:53.000]  Okay.
[01:34:53.000 --> 01:34:59.000]  The main thing you want to be able to say is, yes, Judge, this document is here,
[01:34:59.000 --> 01:35:02.000]  but you can't see it.
[01:35:02.000 --> 01:35:04.000]  So we'll strike that, okay.
[01:35:04.000 --> 01:35:08.000]  I don't remember how, but it brought up the comment was mentioned
[01:35:08.000 --> 01:35:12.000]  that there was no Bailey letter in the file.
[01:35:12.000 --> 01:35:13.000]  I don't know much about that.
[01:35:13.000 --> 01:35:14.000]  What's that about?
[01:35:14.000 --> 01:35:16.000]  Say that again?
[01:35:16.000 --> 01:35:22.000]  It was mentioned that there was no Bailey letter in the file.
[01:35:22.000 --> 01:35:24.000]  Bailey letter.
[01:35:24.000 --> 01:35:25.000]  Yeah, I don't know what that meant.
[01:35:25.000 --> 01:35:29.000]  It was brought up somehow as some kind of an event.
[01:35:29.000 --> 01:35:34.000]  There's a Bailey counting method, but I'm not sure what that is.
[01:35:34.000 --> 01:35:35.000]  I'd have to look it up.
[01:35:35.000 --> 01:35:39.000]  Are you in a state court?
[01:35:39.000 --> 01:35:42.000]  No, we're right here in local Philadelphia.
[01:35:42.000 --> 01:35:46.000]  No, what I'm saying is, are you in a state or a federal court?
[01:35:46.000 --> 01:35:48.000]  Oh, it's a state court.
[01:35:48.000 --> 01:35:54.000]  It's probably a state, Bailey's probably a state.
[01:35:54.000 --> 01:36:00.000]  And if you do an Internet search for a Bailey doctrine, you'll probably find it.
[01:36:00.000 --> 01:36:01.000]  Okay.
[01:36:01.000 --> 01:36:02.000]  Yeah, because I just looked it up.
[01:36:02.000 --> 01:36:03.000]  Okay.
[01:36:03.000 --> 01:36:08.000]  Yeah, I use this as about a Frank's hearing.
[01:36:08.000 --> 01:36:12.000]  And I've never had a lawyer know what a Frank's hearing was.
[01:36:12.000 --> 01:36:16.000]  A Frank's hearing is a hearing for the purpose of determining the veracity
[01:36:16.000 --> 01:36:21.000]  of a police officer who testified for a magistrate to secure a warrant.
[01:36:21.000 --> 01:36:25.000]  Some guy got this ruling and his name happened to be Frank's.
[01:36:25.000 --> 01:36:28.000]  So Bailey's probably the same way.
[01:36:28.000 --> 01:36:30.000]  You got a lot of this in law.
[01:36:30.000 --> 01:36:31.000]  Okay.
[01:36:31.000 --> 01:36:34.000]  And it's probably specific to Pennsylvania.
[01:36:34.000 --> 01:36:36.000]  Okay, I do need to move along.
[01:36:36.000 --> 01:36:41.000]  I've got three more callers and two more segments.
[01:36:41.000 --> 01:36:42.000]  Okay.
[01:36:42.000 --> 01:36:43.000]  But thank you, Tony.
[01:36:43.000 --> 01:36:46.000]  You've turned into a good caller.
[01:36:46.000 --> 01:36:50.000]  You bring good information, so don't be a stranger.
[01:36:50.000 --> 01:36:51.000]  Definitely.
[01:36:51.000 --> 01:36:52.000]  Just a quick question.
[01:36:52.000 --> 01:36:56.000]  The loan general ledger obviously would be different than the loan history
[01:36:56.000 --> 01:36:58.000]  that they produced, correct?
[01:36:58.000 --> 01:36:59.000]  Okay.
[01:36:59.000 --> 01:37:00.000]  Yeah.
[01:37:00.000 --> 01:37:11.000]  The general ledger, this servicer is only going to have records of what they serviced.
[01:37:11.000 --> 01:37:16.000]  For some reason, when a servicer changes,
[01:37:16.000 --> 01:37:23.000]  the original servicer doesn't forward their records to the new servicer.
[01:37:23.000 --> 01:37:27.000]  So we do a QWR, qualified written request,
[01:37:27.000 --> 01:37:32.000]  and we ask for documentation or a debt validation letter asking for documentation
[01:37:32.000 --> 01:37:36.000]  to verify all of the amounts owed.
[01:37:36.000 --> 01:37:41.000]  We get records of what this servicer has,
[01:37:41.000 --> 01:37:45.000]  never of the servicer before them.
[01:37:45.000 --> 01:37:50.000]  So they're never able to validate a debt.
[01:37:50.000 --> 01:37:54.000]  So they don't have it, best to be expected.
[01:37:54.000 --> 01:37:55.000]  So we can do that in addition.
[01:37:55.000 --> 01:37:57.000]  Okay, great.
[01:37:57.000 --> 01:37:58.000]  Yes.
[01:37:58.000 --> 01:38:01.000]  So they show that this much has been paid.
[01:38:01.000 --> 01:38:03.000]  Okay, guys, what happened to all these other funds?
[01:38:03.000 --> 01:38:06.000]  What did you do with them?
[01:38:06.000 --> 01:38:07.000]  Okay.
[01:38:07.000 --> 01:38:09.000]  Okay.
[01:38:09.000 --> 01:38:11.000]  Thank you, Tony.
[01:38:11.000 --> 01:38:12.000]  One more time?
[01:38:12.000 --> 01:38:15.000]  Okay, yeah, I've got a new caller I want to go to.
[01:38:15.000 --> 01:38:20.000]  Okay, thank you, Tony, and keep us up to date on how this goes.
[01:38:20.000 --> 01:38:21.000]  I definitely will.
[01:38:21.000 --> 01:38:23.000]  We've got a post-trial brief started in about a week.
[01:38:23.000 --> 01:38:24.000]  Thank you for your help, Randy.
[01:38:24.000 --> 01:38:27.000]  Always a pleasure, and I'll bid you good night.
[01:38:27.000 --> 01:38:28.000]  Okay, thank you, Tony.
[01:38:28.000 --> 01:38:33.000]  Okay, now we're going to go to Clark.
[01:38:33.000 --> 01:38:35.000]  Is that Clark or Holly?
[01:38:35.000 --> 01:38:37.000]  Is that Clark or Holly?
[01:38:37.000 --> 01:38:40.000]  This is an Oregon number.
[01:38:40.000 --> 01:38:41.000]  Yes, hi.
[01:38:41.000 --> 01:38:43.000]  Can you hear me?
[01:38:43.000 --> 01:38:44.000]  Yes, I can hear you.
[01:38:44.000 --> 01:38:45.000]  Hello?
[01:38:45.000 --> 01:38:47.000]  Okay.
[01:38:47.000 --> 01:38:50.000]  Thank you for taking my call.
[01:38:50.000 --> 01:38:56.000]  I've got two properties, and they're both MERS.
[01:38:56.000 --> 01:39:00.000]  And they're both in foreclosure.
[01:39:00.000 --> 01:39:05.000]  I haven't been served papers on them.
[01:39:05.000 --> 01:39:14.000]  Oregon has a foreclosure mediation process that I've gone through with both of them.
[01:39:14.000 --> 01:39:25.000]  And in going through that, I went one at a time after the home that I own went through.
[01:39:25.000 --> 01:39:31.000]  At that point, I hired an attorney who I'm at crossroads with right now,
[01:39:31.000 --> 01:39:41.000]  because he's not offering me anything other than loan modification.
[01:39:41.000 --> 01:39:46.000]  And he has, in his firm, I don't know how he does this,
[01:39:46.000 --> 01:40:00.000]  but he's got a mortgage or loan modification department that a legal clerk is in charge of, and she's in charge.
[01:40:00.000 --> 01:40:01.000]  Okay, okay.
[01:40:01.000 --> 01:40:04.000]  Hold on, hold on.
[01:40:04.000 --> 01:40:07.000]  This lawyer will screw you around big time.
[01:40:07.000 --> 01:40:11.000]  It's what they do.
[01:40:11.000 --> 01:40:24.000]  What tells me that is you didn't say the things to me that I would expect to hear if you had a lawyer who was actively adjudicating your case.
[01:40:24.000 --> 01:40:28.000]  Loan modification is always a scam.
[01:40:28.000 --> 01:40:34.000]  And all they'll do is set you up so they can foreclose you.
[01:40:34.000 --> 01:40:36.000]  Question.
[01:40:36.000 --> 01:40:42.000]  Have you went down to the county recorder or registrar of deeds
[01:40:42.000 --> 01:40:47.000]  and collected all of the documents filed with the county recorder?
[01:40:47.000 --> 01:40:49.000]  Yes, I have done that.
[01:40:49.000 --> 01:40:50.000]  Okay.
[01:40:50.000 --> 01:40:54.000]  Does your lawyer have those?
[01:40:54.000 --> 01:40:59.000]  He's had them for 12 months, and they've been in a bag, and he hasn't even looked at them.
[01:40:59.000 --> 01:41:12.000]  If somebody wants me to help them with a foreclosure issue, I don't worry about anything until I've seen everything that's filed in the record.
[01:41:12.000 --> 01:41:19.000]  And almost always, I don't need anything else.
[01:41:19.000 --> 01:41:24.000]  So the first thing you do is get all those documents.
[01:41:24.000 --> 01:41:35.000]  They've been bleeding me for $6,500 for 12 months on a loan modification that was supposed to only take three to four months.
[01:41:35.000 --> 01:41:36.000]  Okay.
[01:41:36.000 --> 01:41:38.000]  This is what lawyers do.
[01:41:38.000 --> 01:41:44.000]  They blow a whole lot of smoke until they get your retainer.
[01:41:44.000 --> 01:41:51.000]  And then they do a song and dance until they can bill out your entire retainer.
[01:41:51.000 --> 01:41:59.000]  And they come back to you and say, oh, wow, this is harder than I thought it would be.
[01:41:59.000 --> 01:42:06.000]  Now they're at the point to where either they're going to get the larger retainer from you or they're going to dump you.
[01:42:06.000 --> 01:42:09.000]  And most times, they just want to dump you.
[01:42:09.000 --> 01:42:15.000]  I have a feeling he's going to dump me.
[01:42:15.000 --> 01:42:20.000]  Well, we have some strategies.
[01:42:20.000 --> 01:42:24.000]  You need to research your own issues, and we can help you do that.
[01:42:24.000 --> 01:42:27.000]  That's what we want to show.
[01:42:27.000 --> 01:42:29.000]  Listen to the show more.
[01:42:29.000 --> 01:42:31.000]  Ask questions about foreclosure.
[01:42:31.000 --> 01:42:33.000]  We go through what to look for.
[01:42:33.000 --> 01:42:43.000]  And then you order your lawyer to do certain things that are appropriate in your case.
[01:42:43.000 --> 01:42:46.000]  And he's going to not want to do them.
[01:42:46.000 --> 01:42:48.000]  So you bar a grievance.
[01:42:48.000 --> 01:42:54.000]  Because I talked to somebody that has been on the call tonight and knew what they were talking about,
[01:42:54.000 --> 01:42:57.000]  and you acknowledged that they did excellent work.
[01:42:57.000 --> 01:43:08.000]  And anyway, I asked him for, you know, if he would help me with a re-send, however you say,
[01:43:08.000 --> 01:43:18.000]  a re-sension and file a homestead, and here he said, this is what he said in his email reply,
[01:43:18.000 --> 01:43:26.000]  we don't see cases here based upon fraudulent assignments as assignments are not relevant to the issues
[01:43:26.000 --> 01:43:32.000]  in a UCC Article 3 case involving negotiable instruments.
[01:43:32.000 --> 01:43:39.000]  The issue at trial is whether the plaintiff holds possession of a property endorsed promissory note.
[01:43:39.000 --> 01:43:40.000]  Okay, wait, wait, hold on.
[01:43:40.000 --> 01:43:41.000]  I'm about to go on a break.
[01:43:41.000 --> 01:43:46.000]  Randy Kelton with La Radio.
[01:43:46.000 --> 01:43:51.000]  Okay, this is going to our last segment, so I won't give out the call-in number.
[01:43:51.000 --> 01:43:52.000]  Hang on.
[01:43:52.000 --> 01:44:00.000]  We'll be right back.
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[01:46:02.000 --> 01:46:31.000]  Okay, we are back. We're in Kelton, Rule of Law Radio, and hi. I've been doing this show a long time, and I talk to a lot of people in the mortgage.
[01:46:31.000 --> 01:46:48.000]  The mortgage assistance area, and what I find is mostly people who are very well-meaning, surprisingly knowledgeable, and able to give a lot of assistance.
[01:46:48.000 --> 01:46:53.000]  The one thing I find is we tend to be myopic.
[01:46:53.000 --> 01:47:02.000]  We find something that appears to work, and we focus on that, and we don't look around us.
[01:47:02.000 --> 01:47:13.000]  I've helped 700 people file a federal lawsuit claiming, who are you?
[01:47:13.000 --> 01:47:18.000]  And you sent me this demand that I pay you money? I don't know who you are.
[01:47:18.000 --> 01:47:24.000]  Prove up your agency standing and capacity, and that's what this person was saying and what you were relating to me.
[01:47:24.000 --> 01:47:28.000]  You know, the question is, do they have a standing?
[01:47:28.000 --> 01:47:40.000]  Well, the first place to look is not in the Bloomberg reports, the securitization analysis.
[01:47:40.000 --> 01:47:48.000]  You know, every once in a while I'll suggest someone get a securitization analysis, but rarely.
[01:47:48.000 --> 01:48:05.000]  First place to look is in the public record, because in order for the county registrar's office to be of any value whatsoever,
[01:48:05.000 --> 01:48:14.000]  your claim, in order for you to be able to assert your claim, must be filed in that record.
[01:48:14.000 --> 01:48:25.000]  13.001 Texas property code, and this code has to be in every state,
[01:48:25.000 --> 01:48:30.000]  or there's no reason to file documents in the public record with the county registrar.
[01:48:30.000 --> 01:48:43.000]  Well, 13.001 says, any claim against real property not properly acknowledged, notary, or proven to witnesses,
[01:48:43.000 --> 01:48:49.000]  and filed in the public record is void as to the holder.
[01:48:49.000 --> 01:48:59.000]  I don't care what you got. If it's not properly filed in the public record, you can use it for toilet paper.
[01:48:59.000 --> 01:49:09.000]  So, first thing you do, you pull down that deed of trust and write down the name of the lender.
[01:49:09.000 --> 01:49:13.000]  Then look up that lender, see if that lender's still in business.
[01:49:13.000 --> 01:49:24.000]  Okay, now look at the next document. When I download these docs, I give them, I name them with the date.
[01:49:24.000 --> 01:49:29.000]  There's a universal dating, internet dating system method.
[01:49:29.000 --> 01:49:43.000]  You put the year dash day numbers dash month, I'm sorry, year dash month dash day, all in numbers.
[01:49:43.000 --> 01:49:52.000]  When you open a folder with your documents, you sort them out with the date that way, and then you put what the date is.
[01:49:52.000 --> 01:49:57.000]  When you open a folder, they'll all align themselves in chronological order.
[01:49:57.000 --> 01:50:12.000]  Now you look at them and say, I've got a deed of trust here, like I just did one today, deed of trust MTS lending, 1999 note.
[01:50:12.000 --> 01:50:25.000]  In 2006, I found an assignment from by JP Morgan Chase to Wells Fargo.
[01:50:25.000 --> 01:50:32.000]  Say what? How did JP Morgan get in this mix?
[01:50:32.000 --> 01:50:38.000]  There has to be an assignment from the original lender, JP Morgan.
[01:50:38.000 --> 01:50:45.000]  Otherwise, that document that JP Morgan filed is garbage.
[01:50:45.000 --> 01:50:51.000]  And you indicated that this person told you that the assignment was irrelevant.
[01:50:51.000 --> 01:50:56.000]  It is no such thing.
[01:50:56.000 --> 01:51:01.000]  That is the first place to go.
[01:51:01.000 --> 01:51:12.000]  You look for a break in the chain of title. Now in Texas, we have as Texas, I like Texas law because we just about have everything in here.
[01:51:12.000 --> 01:51:17.000]  And you will find something similar in Oregon law.
[01:51:17.000 --> 01:51:46.000]  51 901 C says that any document filed in the public record effecting real property by someone who has nothing filed in the record showing that they have authority to file against the property is presumed to be void.
[01:51:46.000 --> 01:51:54.000]  Did that make sense, Holly?
[01:51:54.000 --> 01:52:03.000]  I have a question. Okay, I say I come to Oregon, and I go down and I file a lien against your property.
[01:52:03.000 --> 01:52:08.000]  And with the county registrar.
[01:52:08.000 --> 01:52:14.000]  And you look at that and say, who the heck are you.
[01:52:14.000 --> 01:52:20.000]  And what did you get authority to file a deed of property.
[01:52:20.000 --> 01:52:24.000]  That's what this goes to us. I file an assignment.
[01:52:24.000 --> 01:52:28.000]  In the case I mentioned to have this lending company.
[01:52:28.000 --> 01:52:32.000]  They got the deed of trust.
[01:52:32.000 --> 01:52:41.000]  And then I have a third party company JP Morgan Chase transferring that deed of trust to a fourth.
[01:52:41.000 --> 01:52:44.000]  Who are you guys.
[01:52:44.000 --> 01:52:49.000]  Where did you get authority to file anything in my property.
[01:52:49.000 --> 01:52:56.000]  The first thing you just find a quiet title action against one of those documents.
[01:52:56.000 --> 01:53:02.000]  This is kind of a, a big shot. Do you play chess.
[01:53:02.000 --> 01:53:04.000]  I do.
[01:53:04.000 --> 01:53:08.000]  This is a pawn move.
[01:53:08.000 --> 01:53:13.000]  You don't, you don't jump and land on the king.
[01:53:13.000 --> 01:53:16.000]  This is a pawn moves.
[01:53:16.000 --> 01:53:26.000]  Let me find a document filed in the record where there's nothing to indicate where they had authority to do that.
[01:53:26.000 --> 01:53:29.000]  I'm going to go after that document.
[01:53:29.000 --> 01:53:33.000]  And it's clean. It's simple.
[01:53:33.000 --> 01:53:37.000]  You're not saying you don't owe a debt.
[01:53:37.000 --> 01:53:41.000]  You're not saying there's not a mortgage on your property.
[01:53:41.000 --> 01:53:58.000]  You're just saying that this person who signed this document and filed it in the record did not file this document in accordance with the rules of the state for filing these documents.
[01:53:58.000 --> 01:54:03.000]  It did not meet the statutory requirements.
[01:54:03.000 --> 01:54:08.000]  You're not saying that this guy's that you don't owe money.
[01:54:08.000 --> 01:54:12.000]  You're just saying this document is insufficient.
[01:54:12.000 --> 01:54:20.000]  If you get that kicked out, everything that follows it crumbles.
[01:54:20.000 --> 01:54:33.000]  So I will go to a securities analysis and this show me the node and MERS and all this other stuff.
[01:54:33.000 --> 01:54:36.000]  If I don't have anything in the public record.
[01:54:36.000 --> 01:54:41.000]  And for me, that's about 1% of the time.
[01:54:41.000 --> 01:54:52.000]  Holly, if you look at the record, you'll have to smack yourself and say, no, this can't be right.
[01:54:52.000 --> 01:54:55.000]  This is way too stupid.
[01:54:55.000 --> 01:54:59.000]  These guys can't be this dumb.
[01:54:59.000 --> 01:55:04.000]  I find myself doing that every day.
[01:55:04.000 --> 01:55:07.000]  The public record is the place to start.
[01:55:07.000 --> 01:55:14.000]  If you don't have anything in there, then you go for a securitization analysis.
[01:55:14.000 --> 01:55:25.000]  But securitization analysis is so complex that it's really hard to get a good read on it.
[01:55:25.000 --> 01:55:31.000]  You got this judge here who's got 50 motions to hear today.
[01:55:31.000 --> 01:55:37.000]  And you come to him with a 40 or 50 page really complex question.
[01:55:37.000 --> 01:55:42.000]  You really expect him to be able to take the time to go through that
[01:55:42.000 --> 01:55:48.000]  and dig out all the subtle implications of your issue.
[01:55:48.000 --> 01:55:51.000]  That may not be right.
[01:55:51.000 --> 01:55:56.000]  But in the real world we live in, judges are busy.
[01:55:56.000 --> 01:56:05.000]  Let's see if we can't find them something really, really easy to hang his legal hat on.
[01:56:05.000 --> 01:56:11.000]  Judges don't want to render rulings in the world as they know it.
[01:56:11.000 --> 01:56:14.000]  They want to render simple rulings.
[01:56:14.000 --> 01:56:22.000]  So first thing to do is get the documents from the public record and look at them carefully.
[01:56:22.000 --> 01:56:31.000]  Who did what and ask yourself who are you and how did you get authority to do this?
[01:56:31.000 --> 01:56:36.000]  Now the first thing I always do is check if the original lender is doing business.
[01:56:36.000 --> 01:56:40.000]  If he's out of business, then we go to the dead guy issue.
[01:56:40.000 --> 01:56:49.000]  We just filed a dead guy complaint, a guy brief in the appeals court in California
[01:56:49.000 --> 01:56:54.000]  where we have an original lender, original lender went out of business.
[01:56:54.000 --> 01:57:05.000]  And five years later, MERS does an assignment for the original lender to another party.
[01:57:05.000 --> 01:57:08.000]  Okay, how does that work?
[01:57:08.000 --> 01:57:16.000]  The original lender was a legal fiction defined as a person under law.
[01:57:16.000 --> 01:57:26.000]  Legal fictions, corporations, LLCs, any company that's filed to do business in the state is a legal fiction.
[01:57:26.000 --> 01:57:34.000]  And legal fictions are considered a person under law for the purpose of them having certain rights.
[01:57:34.000 --> 01:57:50.000]  Well, in one case I was doing that person in 2008 and then in 2014 MERS came along and did an assignment for that dead person.
[01:57:50.000 --> 01:57:56.000]  So Judge Shrek in New York called them vampire lenders.
[01:57:56.000 --> 01:58:04.000]  They die, but then they rise up from the grave and go hire an agent, MERS, and say,
[01:58:04.000 --> 01:58:12.000]  I want you to take my interest in this property and give it to somebody else.
[01:58:12.000 --> 01:58:15.000]  Well, how does that work?
[01:58:15.000 --> 01:58:20.000]  What we maintain is it's when the person died
[01:58:20.000 --> 01:58:28.000]  and they had not already transferred their interest to somebody else, they abandoned it.
[01:58:28.000 --> 01:58:29.000]  Okay, am I making sense?
[01:58:29.000 --> 01:58:32.000]  I know I've used up the whole hour.
[01:58:32.000 --> 01:58:34.000]  Send me an email.
[01:58:34.000 --> 01:58:37.000]  I'll give you an explanation.
[01:58:37.000 --> 01:58:39.000]  Can you hear me?
[01:58:39.000 --> 01:58:43.000]  Yes, but I've only got 10 seconds and I apologize.
[01:58:43.000 --> 01:58:50.000]  Send me an email to Randy at ruleoflaw.com and I will answer it.
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