ROL_2016-04-15_16k_Hr1-2.timecode

[00:00.000 --> 00:08.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing you daily
[00:08.000 --> 00:10.000]  bulletins for the commodities market.
[00:10.000 --> 00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternatives.
[00:23.000 --> 00:29.000]  Markets for Wednesday, April 13, 2016 are currently treading with gold at $1,246.13 an ounce.
[00:29.000 --> 00:35.000]  Silver, $16.29 an ounce. Texas Crude, $42.17 a barrel.
[00:35.000 --> 00:45.000]  And Bitcoin is currently sitting at about $426 U.S. currency.
[00:45.000 --> 00:52.000]  Today in history, the year 1970, the Apollo 13 astronauts announced Houston we've got a problem
[00:52.000 --> 00:56.000]  as a result of a beach-built oxygen tank exploding on route to the moon.
[00:56.000 --> 01:00.000]  The beginning of the Apollo 13 crisis was 46 years ago.
[01:00.000 --> 01:05.000]  Today in history.
[01:05.000 --> 01:09.000]  In recent news, more than 400 protesters were arrested last Monday outside of the U.S.
[01:09.000 --> 01:13.000]  Capitol from an organization called Democracy Spring, which is seeking to remove special
[01:13.000 --> 01:18.000]  interests from politics and raise awareness for change on restrictive voter identification laws.
[01:18.000 --> 01:22.000]  The demonstration resulted in arrests for what U.S. Capitol police deemed unlawful
[01:22.000 --> 01:26.000]  demonstration activity such as crowding and obstruction.
[01:26.000 --> 01:30.000]  Apparently, the protesters were sitting on the stairs of the east front of Capitol Hill.
[01:30.000 --> 01:35.000]  Democracy Spring said on their website that the protest was held to demand Congress take immediate
[01:35.000 --> 01:39.000]  action to end the corruption of big money in our politics and ensure free and fair elections.
[01:39.000 --> 01:43.000]  Peter Callahan, the group's communication coordinator, stated that, quote,
[01:43.000 --> 01:46.000]  we see populism on the rise on both sides of the spectrum.
[01:46.000 --> 01:50.000]  Americans are sick and tired of their politicians being bought and paid for.
[01:50.000 --> 01:59.000]  Organizers are vowing to continue the demonstration every day for the duration of a week.
[01:59.000 --> 02:03.000]  The Pentagon declared today that the first phase of military operations against the Islamic State
[02:03.000 --> 02:07.000]  and Iraq and Syria are now over and that the second phase is being implemented.
[02:07.000 --> 02:11.000]  Colonel Steve Warren, the spokesman for the U.S.-led coalition Fighting ISIS,
[02:11.000 --> 02:17.000]  stated that phase two is aimed at dismantling this enemy, while phase three is ultimately the defeat of ISIS.
[02:17.000 --> 02:22.000]  Success in the first phase included the recapture of about 40 percent of the territory ISIS once held
[02:22.000 --> 02:25.000]  and the annihilation of key leaders and revenue sources.
[02:25.000 --> 02:30.000]  The second phase now under way is focusing on fragmenting ISIS and liberating key territories
[02:30.000 --> 02:40.000]  under their control, like taking back Mosul in Iraq and isolating Raqqa in Syria.
[02:40.000 --> 02:50.000]  The Lone Star Lowdown is currently looking for sponsors. If you have a product or service you'd like to advertise with us, feel free to give me a call at 210-363-2257.
[02:50.000 --> 03:11.000]  This has been Rick Roady with your Lowdown for April 13, 2016.
[03:20.000 --> 03:27.000]  Whatcha gonna do? Whatcha gonna do?
[03:27.000 --> 03:32.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.000 --> 03:38.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.000 --> 03:43.000]  When you were eight and you had bad traits, you'd go to school and learn the golden rules.
[03:43.000 --> 03:49.000]  So why are you acting like a bloody fool? If you get caught in your master coup,
[03:49.000 --> 04:08.000]  bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:08.000 --> 04:22.840]  Okay, howdy, howdy, this is Randy Kelton on the radio on this Friday, the 15th day of
[04:22.840 --> 04:32.240]  April 2014, it's file your tax day, but we're not even going to talk about that because
[04:32.240 --> 04:34.640]  it will just give me a headache.
[04:34.640 --> 04:40.760]  We will have the phones all night on all night. This is our four hour info marathon. So if
[04:40.760 --> 04:49.040]  you have a question or a comment, give us a call 512-646-1984. And we're going to start
[04:49.040 --> 04:59.320]  out talking about some of the things going on in Parker County. We had a woman there
[04:59.320 --> 05:07.800]  who was driving without a, driving on an invalid license. She addressed the right to travel
[05:07.800 --> 05:16.240]  and at the day of trial, the prosecutor came in and filed a motion in Lemony. Now he had
[05:16.240 --> 05:21.760]  a duty to file that seven days before trial, but he filed it the last day because the woman
[05:21.760 --> 05:31.040]  was representing herself pro se. And he objected to it anyway, the judge overruled and the
[05:31.040 --> 05:40.800]  motion in Lemony forbade her to bring a defense of right to travel. Now you can overrule a
[05:40.800 --> 05:48.280]  defense, but you can't deny someone the right to bring a defense. And he actually said that
[05:48.280 --> 05:54.120]  it might unduly influence the jury. Well, illegal arguments intended to influence the
[05:54.120 --> 06:05.040]  jury. So they denied her in the right to defend herself in court. And then the judge in his
[06:05.040 --> 06:14.880]  charge to the jury defined traveling and motor vehicle in a way that's not defined in the
[06:14.880 --> 06:22.760]  code. So we're going to go after them and they convicted her and they gave her 90 days,
[06:22.760 --> 06:33.160]  they put her in jail and the jailers wouldn't allow her to file a notice of appeal. It appeared
[06:33.160 --> 06:39.040]  as though they were, they pulled this garbage on her and then we're going to try to hold
[06:39.040 --> 06:46.720]  her in jail without access to the court until her 30 day time limit for filing her notice
[06:46.720 --> 06:53.920]  of appeal was up in order to deny her access to the courts and deny her right to appeal.
[06:53.920 --> 07:00.960]  So her husband listened to the show already got ahold of me and I'm not far from Parker
[07:00.960 --> 07:08.080]  County. So I went down there and danced on them a little bit. And when I asked a sergeant
[07:08.080 --> 07:14.360]  to arrest the assistant warden of the jail for denying her access to the courts, all
[07:14.360 --> 07:21.200]  of a sudden they got that fiction really, really fast. When you step up, stand up to
[07:21.200 --> 07:29.120]  them, when you take them on, they tend to start doing things right or at least as right
[07:29.120 --> 07:35.480]  as a cat. And in this case, I made the accusation to the sergeant and he refused to take my
[07:35.480 --> 07:40.080]  complaint. He said, I'd have to talk to the jailers. And I said, now wait a minute. The
[07:40.080 --> 07:45.040]  jailers are not certified peace officers. They're just jail guards. They can't take
[07:45.040 --> 07:49.960]  a criminal complaint. You are the sheriff's department. You are the one to take the criminal
[07:49.960 --> 07:55.080]  complaint. Oh, no, no, you'll have to talk to the jail. So you're refusing to take my
[07:55.080 --> 08:01.540]  complaint and you'll just have to talk to the jail. So within two hours from the time
[08:01.540 --> 08:09.440]  I called, the assistant warden had sent her jailers down there with a notice of appeal
[08:09.440 --> 08:16.080]  and put it in her hand and had her sign it and took it to the court. So the way I read
[08:16.080 --> 08:25.320]  that was that the sergeant on the sheriff's department refused to take my complaint against
[08:25.320 --> 08:32.160]  this person. And then as soon as I hung up, he called this person and then conspired with
[08:32.160 --> 08:40.280]  her to try to shield her from prosecution by having her go ahead and give this woman
[08:40.280 --> 08:48.000]  access to the court. Well, the way I read that is shielding from prosecution 3805 penal
[08:48.000 --> 09:02.080]  code, obstructing justice 3606 penal code and criminal conspiracy 1502 code. So I called
[09:02.080 --> 09:13.320]  down today and talked to a captain and I'll be filing official oppression, shielding from
[09:13.320 --> 09:22.240]  prosecution and obstruction of justice against this sergeant for trying to shield this warden
[09:22.240 --> 09:30.640]  from prosecution. I don't know what they thought that running down there with this notice of
[09:30.640 --> 09:36.760]  appeal would somehow fix this problem. That's like me, you know, this woman had asked him
[09:36.760 --> 09:43.440]  every day for 20 some odd days for a notice of appeal she could file with the court and
[09:43.440 --> 09:48.840]  they ignored her and she filed grievances against them for it every day and they threatened
[09:48.840 --> 09:55.000]  her and complained about her harassing them with these grievances. But she marked it every
[09:55.000 --> 10:01.040]  day. It's kind of like me running the same red light every morning for a month and then
[10:01.040 --> 10:05.920]  the police been pulling me over for it and I tell them, oh, that's okay. I'll go around
[10:05.920 --> 10:11.760]  the block and this time I won't run the red light. Well, the first time they didn't give
[10:11.760 --> 10:20.080]  her that form, that bell was already rung and they can't unring it. And each day when
[10:20.080 --> 10:25.960]  she asked for it and they refused, they rung that bell again. We'll see how well that works
[10:25.960 --> 10:33.000]  out for them. We do have a caller. We have Erwin from Nevada. So I'm going to go to the
[10:33.000 --> 10:43.040]  phones. Hello, Erwin. Hi, I'm on the call last night. One quick question. I filled out
[10:43.040 --> 10:47.720]  on one of the websites from one of your YouTubes, I can't find it, where they said if you have
[10:47.720 --> 10:52.480]  a problem, briefly describe your information because I had situations going on in three
[10:52.480 --> 10:57.200]  different houses. I think it had mortgage in the title. Do you know which one I'm talking
[10:57.200 --> 11:04.240]  about, but one of the sites that you and your colleagues use to advise or help people? I
[11:04.240 --> 11:10.200]  have no idea which site you're talking about. Oh, I think, okay. Well, in any event, you
[11:10.200 --> 11:16.920]  were mentioning, excuse me, the rescission. I mentioned that one on our primary residence,
[11:16.920 --> 11:23.280]  but I did the rescission. Okay, hold on just a second. Move the mic a little bit away from
[11:23.280 --> 11:29.000]  your mouse. The mic is booming a little bit. Is that any better? Better, better. Right.
[11:29.000 --> 11:37.120]  Okay. All right. Yes. I did a couple of rescissions on homes that were deeded to me in Virginia,
[11:37.120 --> 11:40.760]  which is also deed of trust state. I'm not the original borough, so I wouldn't get that
[11:40.760 --> 11:46.440]  account stood up front. However, and one could say, it's not the primary residence, four
[11:46.440 --> 11:52.240]  in three years and all of that, but I've been reading that if they don't respond in 20 days,
[11:52.240 --> 11:57.760]  it doesn't matter how wrong, quote unquote, the rescission is that they're kind of done.
[11:57.760 --> 12:01.520]  And plus there's that situation. They both were in foreclosure at one time. So you mentioned
[12:01.520 --> 12:06.280]  that I think that CFR 226, where there's an exception when you're in foreclosure, that
[12:06.280 --> 12:15.120]  you can be the right to rescind back. I had a case in New York just a couple of days ago
[12:15.120 --> 12:24.560]  where we had filed the rescission and I filed a quiet title action based on rescission.
[12:24.560 --> 12:28.440]  And the court came back and they removed it to the federal court and the federal court
[12:28.440 --> 12:33.580]  will rule against us, of course, no matter what. And they said that the right to rescind
[12:33.580 --> 12:39.560]  does not last forever. It only lasts for three years. And I responded, well, that's incorrect.
[12:39.560 --> 12:48.080]  Yes, it does last forever. Once a notice of acceleration has been given the right to,
[12:48.080 --> 12:55.520]  if you can show more than $35 of undisclosed charges, the right to rescind, renew, reinvigorates
[12:55.520 --> 13:01.920]  and it lasts forever. There is no limitation on it. So yes, it does last forever after
[13:01.920 --> 13:02.920]  foreclosure.
[13:02.920 --> 13:10.360]  I see. Well, one of the things which I did suggested was that I filed a notice of interest
[13:10.360 --> 13:15.040]  in real property in the appropriate counties along with a copy of the rescission, the copy
[13:15.040 --> 13:20.200]  of the certified mailing and that I contacted them even after that period of time. So that
[13:20.200 --> 13:22.520]  should serve as kind of a-
[13:22.520 --> 13:32.040]  What that does is take away the trustee's good faith. A trustee cannot be sued so long
[13:32.040 --> 13:40.400]  as the trustee acts in good faith. The less pendants, or you're not in California, you
[13:40.400 --> 13:43.960]  did say a notice of preservation of interest.
[13:43.960 --> 13:49.080]  Notice of interest in real property is what I noted.
[13:49.080 --> 13:54.920]  In California, they don't call it a less pendants. Everywhere else that I've been, they called
[13:54.920 --> 13:59.200]  it a less pendants. Is this specific to Nevada?
[13:59.200 --> 14:05.800]  No, no. Well, no, I don't think it is. I filed one for the House of Nevada and two for the
[14:05.800 --> 14:08.360]  two houses in Virginia, which is also a deed of trust state.
[14:08.360 --> 14:09.360]  Okay.
[14:09.360 --> 14:14.800]  Since I've been hearing some people, they're not allowing them to file, but the court didn't
[14:14.800 --> 14:17.400]  give me any problem at all in any of the three-
[14:17.400 --> 14:24.720]  Okay. The reason I asked that question is if you try to file a less pendants in California,
[14:24.720 --> 14:31.680]  the clerk won't take a less pendants. So far, that was the... Since you used the different
[14:31.680 --> 14:39.240]  term, that's why I was asking the question. Because in California, if you are not an attorney,
[14:39.240 --> 14:45.760]  you have to file a notice of preservation of interest. It's the same thing, but you
[14:45.760 --> 14:52.000]  have to call it something different or the clerk will kick it out. In your case, it shouldn't
[14:52.000 --> 14:56.680]  make any difference what you call it, because it is what it is, regardless of what you call
[14:56.680 --> 15:01.840]  it. I just wanted to find out if there was a special distinction in that regard, and
[15:01.840 --> 15:03.840]  I assumed there is not.
[15:03.840 --> 15:08.760]  Right. Well, the interesting thing is on one of the two Virginia houses, I got a notice
[15:08.760 --> 15:14.480]  of sale. It wasn't even 30 days with a new trustee, and this particular house had been
[15:14.480 --> 15:20.320]  no payments made since September of 08, which I think would qualify it for statute of limitations
[15:20.320 --> 15:23.120]  for Virginia and maybe the UCC, among other things.
[15:23.120 --> 15:30.480]  Okay, hold on, hold on. Statute of limitations begins when they file a notice of acceleration.
[15:30.480 --> 15:33.080]  Yeah, they did in early 2009.
[15:33.080 --> 15:34.080]  Okay.
[15:34.080 --> 15:37.520]  No payments made. Yeah, okay, so that was that, but...
[15:37.520 --> 15:43.440]  Oh, hold on, hold on. Did you file out a rescission in that one?
[15:43.440 --> 15:45.440]  Yeah, I did.
[15:45.440 --> 15:51.920]  Oh, this is perfect. They're going to claim that your rescission is barred by statute
[15:51.920 --> 15:59.800]  of limitations. Wonderful. You get to claim that their foreclosure is barred by statute
[15:59.800 --> 16:07.200]  of limitations, so they can't claim the statute of limitations as a bar on one hand, and then
[16:07.200 --> 16:15.600]  as try to act in violation of them on the other, so that puts you in a good spot.
[16:15.600 --> 16:20.240]  Well no, what I did was, the tenant I had in all those years, he moved out, he trashed
[16:20.240 --> 16:26.120]  the place, it's looking like $7,000 in repair, and I tried, I didn't want to try to rent
[16:26.120 --> 16:30.920]  it if that was hanging over, so I didn't do as I'd done before to file anything to stop
[16:30.920 --> 16:35.280]  it, so I got notice that they did indeed foreclose, although it's not recorded in the county.
[16:35.280 --> 16:40.280]  As yet, I asked the county why. I guess we're going to go for a commercial, sorry.
[16:40.280 --> 16:42.280]  Yes, I'm going to go for a commercial.
[16:42.280 --> 16:49.280]  Right, hang on, hang on. Randy Kelton, Rue de la Radio, I call it number 512-646-1984.
[16:49.280 --> 17:08.280]  We'll be right back.
[17:08.280 --> 17:23.280]  Thank you for the opportunity to be your source for new man of foods, the leader in high quality
[17:23.280 --> 17:38.280]  high-quality food.
[17:38.280 --> 18:02.280]  Thank you.
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[19:33.280 --> 19:35.280]  Okay, we are back.
[19:35.280 --> 19:37.280]  Randy Kelton, Rue La Radio.
[19:37.280 --> 19:40.280]  And we're talking to Irvin in Nevada.
[19:40.280 --> 19:46.280]  Okay, we're talking now about the property in Virginia.
[19:46.280 --> 19:52.280]  Right, they went ahead with a foreclosure despite the recorded rescission.
[19:52.280 --> 19:57.280]  So I am going to prepare a wrongful foreclosure suit.
[19:57.280 --> 19:59.280]  Okay, wait, wait, wait, wait, hold on.
[19:59.280 --> 20:05.280]  They file a trustee's deed in the public record.
[20:05.280 --> 20:08.280]  Yes, giving me less than three weeks.
[20:08.280 --> 20:17.280]  Okay, file a quiet title action against the trustee's deed.
[20:17.280 --> 20:27.280]  It's easier to challenge the trustee's deed than it is to file a suit for wrongful foreclosure.
[20:27.280 --> 20:42.280]  Because the specifics on the filing of the trustee's deed are more critical and more clear than what is or is not a wrongful foreclosure.
[20:42.280 --> 20:45.280]  It will essentially have the same effect.
[20:45.280 --> 20:51.280]  And if, did the bank buy it back or did a third party purchase?
[20:51.280 --> 20:58.280]  The bank bought it back and it is not reflected as yet in the county recorder's office.
[20:58.280 --> 21:03.280]  Okay, wait a minute, wait a minute, I made a big mistake.
[21:03.280 --> 21:08.280]  I was too interested in the subject matter and I have a special announcement.
[21:08.280 --> 21:11.280]  We have a new co-host.
[21:11.280 --> 21:15.280]  Since Steve Skidmore left, I've been needing a co-host.
[21:15.280 --> 21:21.280]  And I get in here and I start talking about these things.
[21:21.280 --> 21:32.280]  I get on these long monologues and sometimes I'm not sure when I've said enough, when it's time to shut up.
[21:32.280 --> 21:43.280]  And since I'm sitting here talking to microphone, I'm not always sure when I leave something out because I know the subject matter really well.
[21:43.280 --> 21:49.280]  I don't know when I skip over stuff and I really needed someone to as a counterpoint.
[21:49.280 --> 21:59.280]  And in all of the years that I've been doing radio, I've recommended one other person to be on the show and that was Eddie Craig.
[21:59.280 --> 22:03.280]  And he now does the Monday night show.
[22:03.280 --> 22:07.280]  And when I met this person, I knew immediately she was perfect.
[22:07.280 --> 22:11.280]  She has the talent, she has the charisma.
[22:11.280 --> 22:14.280]  I'd like everyone to meet Yvette Pakpak.
[22:14.280 --> 22:17.280]  Hello, Yvette. Say hello to everyone.
[22:17.280 --> 22:22.280]  Hi. How are you doing? Have a good night.
[22:22.280 --> 22:26.280]  Okay. We're getting a little bit of lag on your side.
[22:26.280 --> 22:36.280]  Yvette is a physical trainer and a therapeutic massage therapist.
[22:36.280 --> 22:40.280]  She has her own business. Four kids, stays real busy.
[22:40.280 --> 22:47.280]  But has the personality that she belongs on the radio.
[22:47.280 --> 22:54.280]  So go ahead, Yvette, introduce yourself. Let's see if your lag is cleared out.
[22:54.280 --> 23:01.280]  Okay. I've been training for about 13 years professionally and massaging for four.
[23:01.280 --> 23:07.280]  But I have a lot of background in many different things.
[23:07.280 --> 23:11.280]  And I've done some acting in the past. It's kind of my forte.
[23:11.280 --> 23:15.280]  I love to be in front of people and I love helping people.
[23:15.280 --> 23:21.280]  When Randy came up to me about this, I jumped on the wagon real fast.
[23:21.280 --> 23:24.280]  And I love what he's doing with this show.
[23:24.280 --> 23:34.280]  I actually have been foreclosed on and lost land that was in my family for years.
[23:34.280 --> 23:40.280]  Story, I won't get into that, but I'm here and I feel what everybody goes through.
[23:40.280 --> 23:44.280]  And I'll tell you that this has been the worst thing that has ever happened to me.
[23:44.280 --> 23:53.280]  So if you're going through foreclosure, just know that my view and I know what I'm going through.
[23:53.280 --> 23:55.280]  Okay. Wonderful.
[23:55.280 --> 24:01.280]  This is going to be a good argument to what I'm doing because sometimes it gets difficult.
[24:01.280 --> 24:05.280]  I don't always know what my listener is thinking.
[24:05.280 --> 24:15.280]  And that will be a great counterpoint to let me know when it's time for me to shut up.
[24:15.280 --> 24:21.280]  Okay. Ervin, I'm sorry to interrupt. Okay. Where were we?
[24:21.280 --> 24:26.280]  Yes. By the way, I heard three quotes of what she said from my end anyway.
[24:26.280 --> 24:31.280]  It's good to hear other people going through, I mean, similar situations.
[24:31.280 --> 24:35.280]  But getting back, no, nothing is recorded in the county recorder's office.
[24:35.280 --> 24:40.280]  They said until they get proper paperwork from the lender, they can't and won't do anything.
[24:40.280 --> 24:47.280]  I don't know whether the lender noticed the thing that's recorded or going in rescission or what the deal is.
[24:47.280 --> 24:52.280]  But I think that was from the 18th and last month and there's still nothing.
[24:52.280 --> 24:57.280]  But my name is showing in the county recorder's office, so I'm a little lucked into it.
[24:57.280 --> 25:03.280]  Okay. So you don't know if the bank bought it back or if it went to a third party?
[25:03.280 --> 25:08.280]  Yeah. The trustee, I called the substitute trustee from Aquin, who I think they have their own troubles,
[25:08.280 --> 25:11.280]  to Shell Point, a place out of Florida.
[25:11.280 --> 25:17.280]  And I called Shell Point and they said, yes, the sale took place and the bank took it back.
[25:17.280 --> 25:23.280]  Oh, good. Okay. Okay. If you're facing foreclosure and it goes to the sale,
[25:23.280 --> 25:29.280]  if the bank buys it back, that's not really such a bad thing.
[25:29.280 --> 25:33.280]  Then you don't have a third party in the mix.
[25:33.280 --> 25:38.280]  If there's a third party in the mix, the first thing you do is sue the third party.
[25:38.280 --> 25:46.280]  And then the third party gets real excited and jumps up and down and then they sue the bank.
[25:46.280 --> 25:55.280]  But if you don't have a third party, it's often easier to get the bank to rescind the foreclosure.
[25:55.280 --> 25:59.280]  Rescinding the foreclosure for the bank doesn't cost them anything.
[25:59.280 --> 26:05.280]  So you have a little bit more, you have more you can work with.
[26:05.280 --> 26:21.280]  So, okay, then since a third party didn't purchase, then you might want to go for quiet title on the,
[26:21.280 --> 26:25.280]  you can go for quiet title on the deed of trust.
[26:25.280 --> 26:35.280]  And then if the, once the trustee's deed, I would actually wait until the trustee's deed hits the county record.
[26:35.280 --> 26:40.280]  Then you go after the trustee's deed.
[26:40.280 --> 26:42.280]  And as far as damages?
[26:42.280 --> 26:49.280]  It's a lot. Well, no, no, you don't go for damages. You just go for a declaratory judgment.
[26:49.280 --> 26:55.280]  Okay, so 75,000 keeps it state so they won't be able to kick it up and no value, things of that nature.
[26:55.280 --> 26:57.280]  That's why you're doing that?
[26:57.280 --> 27:02.280]  No, once you sue the bank, they're not going to do anything with the property.
[27:02.280 --> 27:09.280]  When you file the quiet title action, that's kind of a bank shot.
[27:09.280 --> 27:15.280]  The bank knows that you have all kinds of other claims you can make.
[27:15.280 --> 27:16.280]  Right.
[27:16.280 --> 27:23.280]  And since you file quiet title against the deed of trust, they know you're sharpshooting them.
[27:23.280 --> 27:29.280]  And they can fight for the next two years on that particular issue.
[27:29.280 --> 27:36.280]  And if they win, you're just going to come back going after another document.
[27:36.280 --> 27:38.280]  You come back and go after the deed of trust.
[27:38.280 --> 27:43.280]  And then when you get done with that one, then you're going to come back for wrongful foreclosure.
[27:43.280 --> 27:51.280]  So in the meantime, always we expect to lose in the end.
[27:51.280 --> 28:05.280]  So the best thing we can hope for is to maneuver the bank into a position to where they will be amenable to coming to the table and making the deal.
[28:05.280 --> 28:13.280]  In the end, do not expect them to ever back down from the lawsuit.
[28:13.280 --> 28:18.280]  But they will come to the table and make a deal.
[28:18.280 --> 28:24.280]  So first thing I would do is a quiet title action on the deed of trust.
[28:24.280 --> 28:28.280]  You don't really know if the property has been foreclosed on.
[28:28.280 --> 28:33.280]  All you know is somebody said some blah, blah, blah on the phone.
[28:33.280 --> 28:41.280]  But if you don't know anything until that deed of trust hits the record, as soon as it hits the record, sue the trustee.
[28:41.280 --> 28:48.280]  Or you sue for quiet title as to the deed of trust and you name the trustee.
[28:48.280 --> 28:52.280]  Don't name Ockwood, don't name anybody else, just the trustee.
[28:52.280 --> 29:01.280]  Right. Which is, by the way, it's a two-name law firm and they have Virginia, I mean, Foreclosure Services of Virginia LLC.
[29:01.280 --> 29:05.280]  They've got the law firm and some type of LLC, even though they're the resonations both of the two.
[29:05.280 --> 29:10.280]  Well, there should be a human being named as the trustee.
[29:10.280 --> 29:18.280]  The human being is the one you want to sue because that human being, oh, you're not, are you in Virginia?
[29:18.280 --> 29:20.280]  No, that's the problem.
[29:20.280 --> 29:22.280]  Oh, okay.
[29:22.280 --> 29:27.280]  In that case, if you sue the trustee personally, then it keeps it in the state.
[29:27.280 --> 29:32.280]  But since you're in Nevada, you'll need to sue the federal court in Nevada.
[29:32.280 --> 29:35.280]  That's going to really give them heartburn.
[29:35.280 --> 29:40.280]  I thought that since the thing is, the venue would not be the wrong venue there because the...
[29:40.280 --> 29:45.280]  Oh, the venue's where you live.
[29:45.280 --> 29:48.280]  If it's federal, they file it where you're at.
[29:48.280 --> 29:49.280]  Hang on.
[29:49.280 --> 30:06.280]  Ready to count on the radio, I'll call the number, 512-646-1984, we'll be right back.
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[33:10.280 --> 33:16.280]  Yeah, I got a warrant.
[33:16.280 --> 33:19.280]  And I'm gonna solve them.
[33:19.280 --> 33:22.280]  To the head government them.
[33:22.280 --> 33:24.280]  Prosecute them.
[33:24.280 --> 33:26.280]  Okay.
[33:26.280 --> 33:30.280]  Who's that?
[33:30.280 --> 33:40.280]  The person's arrest from the Bush.
[33:40.280 --> 33:44.280]  Well, I need a prosecutor to come and help me.
[33:44.280 --> 33:46.280]  Prosecute them wicked leader, you see.
[33:46.280 --> 33:48.280]  Them murderers are liars.
[33:48.280 --> 33:49.280]  Them tell me.
[33:49.280 --> 33:51.280]  Them are liars.
[33:51.280 --> 33:52.280]  Okay.
[33:52.280 --> 33:53.280]  We are back.
[33:53.280 --> 33:54.280]  Randy Kelton, rule of law radio.
[33:54.280 --> 33:57.280]  We're talking to Irving in Nevada.
[33:57.280 --> 34:05.280]  Okay, if you sue, you're in Nevada, normally venues where the property is.
[34:05.280 --> 34:07.280]  Yeah.
[34:07.280 --> 34:15.280]  But if you, the hardest part about doing this is keeping it in the state.
[34:15.280 --> 34:21.280]  Because any time you sue the lender, he's gonna remove it to the federal courts right away.
[34:21.280 --> 34:34.280]  So since you're in Nevada, property's in Virginia, and awkwards in Florida, you sue in Nevada where you're at.
[34:34.280 --> 34:37.280]  Then they'll have to hire a lawyer for Nevada.
[34:37.280 --> 34:41.280]  But for them, that's not a big deal because they do that anyway.
[34:41.280 --> 34:42.280]  Right, right.
[34:42.280 --> 34:43.280]  I see.
[34:43.280 --> 34:44.280]  Okay.
[34:44.280 --> 34:45.280]  That does make sense.
[34:45.280 --> 34:46.280]  Okay.
[34:46.280 --> 34:47.280]  And the final question is a completely different topic.
[34:47.280 --> 34:50.280]  I was hoping it gets your opinion on the unusual situation, Randy.
[34:50.280 --> 34:58.280]  I got a judgment, default judgment against a debt collecting company, which is no longer in business.
[34:58.280 --> 35:04.280]  I found out while they were still in business that they had a bank account at Bank of America.
[35:04.280 --> 35:11.280]  So I took my judgment and a writ to the constable in Las Vegas, and he went to the Bank of America branch,
[35:11.280 --> 35:15.280]  which happened to be a block from his office, and he got the judgment.
[35:15.280 --> 35:22.280]  And this is not talking about big change here, $2,200 is a big deal, and he got the judgment from Bank of America.
[35:22.280 --> 35:30.280]  And I got in the mail from Bank of America, what is it, interrogatories to be answered by the garnishee under oath.
[35:30.280 --> 35:32.280]  And they answered a lot of questions themselves.
[35:32.280 --> 35:37.280]  And the constable said they get to hold on to it for 30 days or rather pass their legal department.
[35:37.280 --> 35:38.280]  So they did.
[35:38.280 --> 35:40.280]  They signed this on 22nd of July.
[35:40.280 --> 35:41.280]  Okay.
[35:41.280 --> 35:42.280]  Remember that date.
[35:42.280 --> 35:51.280]  On the 29th of August, one month later, they contacted the constable and said, that check we sent you, don't cash it.
[35:51.280 --> 35:55.280]  We're stopping payment on it because we have the wrong account.
[35:55.280 --> 35:57.280]  So I went to Bank of America.
[35:57.280 --> 35:59.280]  I called them and said, what's that about?
[35:59.280 --> 36:01.280]  And they said, well, we have the wrong account.
[36:01.280 --> 36:08.280]  And I said, isn't Banking 101 that if the constable comes to you and says, I have a judgment against the ABC company,
[36:08.280 --> 36:13.280]  account number 123456, you check those two things and verify they exist.
[36:13.280 --> 36:15.280]  And they didn't really have much to say to that.
[36:15.280 --> 36:18.280]  So I sent them three demand letters.
[36:18.280 --> 36:26.280]  To me, that's kind of like if I go to Walmart and charge $1,000 when I only have $100 on my card,
[36:26.280 --> 36:29.280]  but somehow it basically goes through and I walk out the store with the merchandise,
[36:29.280 --> 36:34.280]  Bank of America can't go to Walmart and say, Irvin, pull the fast one.
[36:34.280 --> 36:36.280]  I'm sorry about your $1,000 of merchandise.
[36:36.280 --> 36:40.280]  I have to take that money back because they're going to eat it and they come after me.
[36:40.280 --> 36:50.280]  You need to look at law in Las Vegas because this thing is stopping payment on checks.
[36:50.280 --> 36:51.280]  You really can't do that.
[36:51.280 --> 36:53.280]  I did.
[36:53.280 --> 36:59.280]  Once they've written you the check, they can't stop payment on it.
[36:59.280 --> 37:09.280]  If they've written it by mistake, then they have to come to you and do something to be able to get their money back.
[37:09.280 --> 37:12.280]  But they can't stop payment on that check.
[37:12.280 --> 37:14.280]  They didn't stop payment on the check to me.
[37:14.280 --> 37:16.280]  They stopped payment on the check to the constable.
[37:16.280 --> 37:18.280]  Doesn't matter who they stopped payment on the check to.
[37:18.280 --> 37:21.280]  That's your money.
[37:21.280 --> 37:24.280]  The constable is holding it as a fiduciary.
[37:24.280 --> 37:26.280]  They stopped payment on you.
[37:26.280 --> 37:31.280]  So you need to look at the law on stopping payment on the check.
[37:31.280 --> 37:39.280]  If they wrote it on the wrong account, they just need to change the entry in their ledgers.
[37:39.280 --> 37:48.280]  Now, you had plans for that money and you had already committed that money to your plans.
[37:48.280 --> 37:59.280]  And they took the money back and they cost you the benefit of the bargain that you were going to have with that money.
[37:59.280 --> 38:02.280]  And it cost you horrible emotional distress.
[38:02.280 --> 38:05.280]  Yeah, I thought intentional emotional distress.
[38:05.280 --> 38:10.280]  Well, I'm a senior, too, and there's a statute in Nevada, what is it?
[38:10.280 --> 38:13.280]  Deceptive trade practices against a senior or disabled person.
[38:13.280 --> 38:16.280]  And it doesn't say how much you can go for damages there.
[38:16.280 --> 38:17.280]  It does for the state.
[38:17.280 --> 38:20.280]  The state can fine them $12,500 per count.
[38:20.280 --> 38:22.280]  But that's what the government doesn't do with me.
[38:22.280 --> 38:23.280]  It doesn't say how much I can go for.
[38:23.280 --> 38:27.280]  So is it anything like, can I throw in some things like torches interference
[38:27.280 --> 38:32.280]  or the NIRS thing against seniors, deceptive trade practices, anything like that?
[38:32.280 --> 38:35.280]  Or what do you actually go for?
[38:35.280 --> 38:41.280]  Yeah, the fact that they stopped payment on the check, that's problematic.
[38:41.280 --> 38:48.280]  If you write a check for services or product and then you stop payment on the check,
[38:48.280 --> 38:53.280]  the district attorney is going to land on you like a ton of bricks.
[38:53.280 --> 38:55.280]  I'm sure he will.
[38:55.280 --> 39:01.280]  So you might talk to the district attorney about that.
[39:01.280 --> 39:05.280]  They wrote the check and then they stopped payment.
[39:05.280 --> 39:06.280]  Yeah, yeah.
[39:06.280 --> 39:09.280]  And I have a screenshot from the constable showing that, by the way, from his computer,
[39:09.280 --> 39:11.280]  they said, don't cash that check.
[39:11.280 --> 39:12.280]  We're stopping payment on it.
[39:12.280 --> 39:15.280]  So as far as the evidence goes, I thought that was pretty good.
[39:15.280 --> 39:18.280]  But that's something I have to file a police report first again
[39:18.280 --> 39:20.280]  and then hopefully believe in both.
[39:20.280 --> 39:22.280]  I would definitely file a police report.
[39:22.280 --> 39:26.280]  Most people don't go after these guys criminally.
[39:26.280 --> 39:31.280]  And I suspect when you start filing police reports against them,
[39:31.280 --> 39:36.280]  if you have a photocopy of the check, see who issued the check.
[39:36.280 --> 39:41.280]  Somebody had to fill out that check and sign it.
[39:41.280 --> 39:47.280]  You file a complaint against whoever's signatures on that check.
[39:47.280 --> 39:48.280]  Oh, okay.
[39:48.280 --> 39:50.280]  It says, did I take money on this case?
[39:50.280 --> 39:53.280]  They have stopped payment on this check, Emma at Bank of America.
[39:53.280 --> 39:57.280]  And it has a phone number and their law office in Los Angeles.
[39:57.280 --> 40:00.280]  So that's the end of it.
[40:00.280 --> 40:05.280]  You know, they can do illegal stuff if nobody calls them on it.
[40:05.280 --> 40:10.280]  So I suspect when you go down and make a formal criminal complaint against them,
[40:10.280 --> 40:15.280]  it's a good chance you'll get a check really, really fast.
[40:15.280 --> 40:16.280]  All right.
[40:16.280 --> 40:18.280]  But, Jesse, Malcolm has been, you know, a while.
[40:18.280 --> 40:20.280]  No damages?
[40:20.280 --> 40:21.280]  Go.
[40:21.280 --> 40:22.280]  You can ask for damages.
[40:22.280 --> 40:26.280]  Good chance they'll give them to you just to get you to go away.
[40:26.280 --> 40:28.280]  Oh, okay.
[40:28.280 --> 40:33.280]  But the formal, the best charge, if I was going to ask them what the charge is,
[40:33.280 --> 40:37.280]  I mean, fraud through stopping payment on the check?
[40:37.280 --> 40:39.280]  Yeah, that's generally fraud.
[40:39.280 --> 40:52.280]  But I would have to look specifically at Nevada law to see what Nevada law says about for stop payment.
[40:52.280 --> 40:56.280]  They mentioned if you don't have money, which obviously is not the case here,
[40:56.280 --> 40:58.280]  but it's not the case that there's a dispute,
[40:58.280 --> 41:01.280]  which I'm sure they're going to put up a dispute and say, well, we have the wrong account.
[41:01.280 --> 41:06.280]  But I don't think that's viable defense.
[41:06.280 --> 41:12.280]  Yeah, the bank can't, they can't make that argument.
[41:12.280 --> 41:16.280]  I mean, I can see if it was one day, but 30 days, I mean, if it was over 30 days,
[41:16.280 --> 41:20.280]  they noticed there was the wrong account.
[41:20.280 --> 41:22.280]  Here's the law in Nevada.
[41:22.280 --> 41:27.280]  The customer or any person authorized to draw on the account,
[41:27.280 --> 41:32.280]  if there is more than one person may stop payment of any item drawn on the customer's account
[41:32.280 --> 41:36.280]  or close the account by an order to the bank describing the item
[41:36.280 --> 41:40.280]  or account with reasonable certainty received at the time
[41:40.280 --> 41:45.280]  and in a manner that affords the bank a reasonable opportunity to act on it before,
[41:45.280 --> 41:54.280]  before the happening of any of the events described in Nevada statutes 104.4303.
[41:54.280 --> 41:58.280]  If the signature of more than one person is required to draw on the account,
[41:58.280 --> 42:02.280]  any of these persons may stop payment or close the account.
[42:02.280 --> 42:05.280]  A stop payment order is effective for six months,
[42:05.280 --> 42:10.280]  but it lapses after 14 calendar days if the original order was oral
[42:10.280 --> 42:15.280]  or was not confirmed in a record within that time period.
[42:15.280 --> 42:19.280]  A stop payment order may be renewed for additional six months periods
[42:19.280 --> 42:28.280]  by a record given to the bank within a period during which the stop payment order is effective.
[42:28.280 --> 42:35.280]  The burden of establishing the fact and amount of loss resulting from the payment of an item
[42:35.280 --> 42:41.280]  contrary to a stop payment order or order to close an account is on the customer.
[42:41.280 --> 42:46.280]  The loss from payment of an item contrary to a stop payment order
[42:46.280 --> 42:57.280]  may include damages or dishonor, for dishonor of subsequent items under Nevada statutes 104.442.
[42:57.280 --> 43:01.280]  You might want to look that up.
[43:01.280 --> 43:21.280]  NRS 104.4403, NRS 104.4403, Customers Right to Stop Payment.
[43:21.280 --> 43:26.280]  This doesn't really go to the bank's right to stop payment.
[43:26.280 --> 43:31.280]  Yes, I was about to point that out.
[43:31.280 --> 43:38.280]  The bank, you know, you might make a mistake, but you're not a banker.
[43:38.280 --> 43:42.280]  Okay, look that up. We're about to go to breaking.
[43:42.280 --> 43:45.280]  We need to move along.
[43:45.280 --> 43:49.280]  Okay, thank you, Urban, and let us know how this works out.
[43:49.280 --> 43:57.280]  This is Randy Kelton, VATPAC, Root of Love Radio. I called it number 512-646-1984.
[43:57.280 --> 44:02.280]  We'll be right back.
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[44:43.280 --> 44:47.280]  Don't forget to like us on Facebook for information on events and our products.
[44:47.280 --> 45:01.280]  That's naturespureorganics.com.
[45:01.280 --> 45:04.280]  Are you the plaintiff or defendant in a lawsuit?
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[46:21.280 --> 46:25.280]  Okay, we are back.
[46:25.280 --> 46:27.280]  Go ahead.
[46:27.280 --> 46:29.280]  Go ahead.
[46:29.280 --> 46:32.280]  I just said, Randy, where are you at?
[46:32.280 --> 46:33.280]  Oh, I am here.
[46:33.280 --> 46:39.280]  I was, I did only wait a few seconds for that bumper music to kind of drop down a little bit.
[46:39.280 --> 46:42.280]  This is, okay, we are back.
[46:42.280 --> 46:45.280]  We're going to go to Alan in California.
[46:45.280 --> 46:51.280]  Hello, Alan.
[46:51.280 --> 46:56.280]  Are you there?
[46:56.280 --> 47:03.280]  Okay, this is a first-time caller, and it seems like when my call screener told me who it was,
[47:03.280 --> 47:06.280]  I think the name was wrong.
[47:06.280 --> 47:12.280]  We have a first-time caller waiting to come online.
[47:12.280 --> 47:15.280]  It looks like we may have lost voice on him.
[47:15.280 --> 47:19.280]  Okay, we're going to go to Chris in Pennsylvania.
[47:19.280 --> 47:20.280]  Hello, Chris.
[47:20.280 --> 47:24.280]  Maybe we can get the call screener to check him out to see what's wrong with his line.
[47:24.280 --> 47:25.280]  Hello, Chris.
[47:25.280 --> 47:28.280]  What do you have for us today?
[47:28.280 --> 47:29.280]  Hey, Randy, how are you?
[47:29.280 --> 47:31.280]  I am good.
[47:31.280 --> 47:38.280]  Okay, for those who don't know who Chris is, Chris filed bankruptcy in a foreclosure proceeding,
[47:38.280 --> 47:40.280]  claimed the property is unsecured.
[47:40.280 --> 47:45.280]  The bank was unable to prove up their position.
[47:45.280 --> 47:51.280]  As I take it, they made no effort to prove up their position, did they?
[47:51.280 --> 47:52.280]  No.
[47:52.280 --> 47:54.280]  Okay, so they didn't prove up their position.
[47:54.280 --> 47:58.280]  So the debt was discharged in bankruptcy.
[47:58.280 --> 48:05.280]  And then the bank came back and tried to enforce the Deed of Trust.
[48:05.280 --> 48:10.280]  So where are we at this point?
[48:10.280 --> 48:21.280]  Well, my question in what you just raised there was is that administration or is that administering?
[48:21.280 --> 48:39.280]  I ran across an idle topic that Leslie actually had presented to me about bankruptcy not being given to the creditor if you file a Chapter 7 bankruptcy.
[48:39.280 --> 48:57.280]  And it had to do with the trustee of the bankruptcy or of the assignment not administering the debt after bankruptcy.
[48:57.280 --> 49:20.280]  And my question is, is administering a debt by the trustee something that automatically happens or is that something that has to take place in order for the bankruptcy court to say that the debt was not unsecured and therefore dischargeable?
[49:20.280 --> 49:34.280]  Well, in order for the – when you file bankruptcy, you're required to notice the bank – turn over all of your assets to the trustee.
[49:34.280 --> 49:38.280]  And they go to the trustee in trust.
[49:38.280 --> 49:48.280]  Now it's the duty of the trustee to disperse your assets to the creditors.
[49:48.280 --> 49:56.280]  So I'm not sure what Leslie's referring to.
[49:56.280 --> 50:04.280]  Well, this was a case that currently has been tried in Miami, I believe, in the state of Florida.
[50:04.280 --> 50:23.280]  The judge ruled that in a foreclosure case, if a bankruptcy is involved, that after bankruptcy, if the trustee doesn't administer whatever term that is or whatever that is,
[50:23.280 --> 50:35.280]  the debt, that bankruptcy code does not automatically give the creditor the property.
[50:35.280 --> 50:42.280]  It gives it to the borrower based on a kind of abandonment issue from the trustee not administering.
[50:42.280 --> 50:46.280]  That's precisely what happened here.
[50:46.280 --> 50:55.280]  What happened here was is you turned this property over to the trustee and you gave it to the trustee in trust.
[50:55.280 --> 51:01.280]  And no one came to make a claim against it.
[51:01.280 --> 51:08.280]  Or the ones that tried to make a claim against it couldn't support the claim.
[51:08.280 --> 51:16.280]  That's like me, you go into bankruptcy and I come in and say, I've got a claim against your property.
[51:16.280 --> 51:24.280]  And in your case, you claim the property is unsecured and you told the trustee, nobody has a claim against this property.
[51:24.280 --> 51:29.280]  And then the bank comes along and says, wait a minute, wait a minute, I got a claim against this property.
[51:29.280 --> 51:33.280]  And you told them to prove it up.
[51:33.280 --> 51:40.280]  They couldn't prove it up, so they're out of here as far as bankruptcy court is concerned.
[51:40.280 --> 51:43.280]  This property is unsecured.
[51:43.280 --> 51:45.280]  Administer it.
[51:45.280 --> 51:55.280]  When they administer or I think that's the term they use in this case that I've been reading is that no one administered the case.
[51:55.280 --> 52:10.280]  And it's kind of a controversial thing because everyone has supposedly agreed with the fact that since you give up your right to adjudicate against a foreclosure case
[52:10.280 --> 52:27.280]  once you've given it up on a Chapter 7, that you don't lose that right because nowhere in bankruptcy code does it say that the bank is given, the creditor is given the property.
[52:27.280 --> 52:34.280]  It says because no one administered it, the bank gives that right.
[52:34.280 --> 52:38.280]  Is that word administer or what I'm looking at or is that?
[52:38.280 --> 52:45.280]  What I'm thinking is, is the issue we're having here is context.
[52:45.280 --> 53:00.280]  If there is a third party creditor, then the trustee, he would have to administer the distribution of the asset to whatever claimant was there.
[53:00.280 --> 53:04.280]  But in your case, you don't have a claimant.
[53:04.280 --> 53:16.280]  So no one raised a valid claim against the property, so the bank discharged any claims against the property in bankruptcy.
[53:16.280 --> 53:17.280]  Right.
[53:17.280 --> 53:21.280]  Just like they do with credit cards.
[53:21.280 --> 53:25.280]  The property came up as unsecured.
[53:25.280 --> 53:39.280]  Nobody proved up that they had a secured claim against the property, so the bankruptcy court discharged and returned the property to you with no claim against it.
[53:39.280 --> 53:56.280]  If the bank had a claim against the property, they had to bring it into bankruptcy court. They can't come back later and try to adjudicate that because what was it 11 USC 256 or 254 specifically
[53:56.280 --> 54:23.280]  for bad them from adjudicating the trust. But that's what they seem to be trying to do. Right. So, so I believe what the issue here is, is they would determine minister would go to a situation where the property was not claimed is unsecured.
[54:23.280 --> 54:35.280]  And you know, we're the only ones who do that. Nobody else claims the property is unsecured. Lawyers won't do it. Right. So this is not something common out there.
[54:35.280 --> 54:41.280]  So I would suspect that what that's referring to is a secure debt.
[54:41.280 --> 54:47.280]  Because that's the only thing that the bankruptcy trustee can administer.
[54:47.280 --> 55:00.280]  Right. So in an unsecured debt dischargeable in bankruptcy with no administration or administering of by the trustee that leaves only the mortgage unsecured.
[55:00.280 --> 55:11.280]  Unsecured and you have the bankruptcy code that forbids the lender from trying to enforce an unsecured mortgage.
[55:11.280 --> 55:21.280]  Right. So where are you at in this case? Well, we just got the letter back from the bank.
[55:21.280 --> 55:27.280]  We we my lawyer failed to put in a brief. There's two topics I have here.
[55:27.280 --> 55:46.280]  That was the beginning of both of them. But the topic of the lawyer failed to put in a brief along with her response to the bank claiming the summary judgment for.
[55:46.280 --> 55:59.280]  I'm sorry. A motion for summary judgment. They placed that motion and the bank received the motion and a sheriff sale was set up.
[55:59.280 --> 56:17.280]  My attorney claimed that the bank did not take the right assignment of mortgage to the to the judge. And when they had their argument on December, so he gave her two weeks to file a brief.
[56:17.280 --> 56:33.280]  She in that two weeks failed to file a brief. So he ruled summary judgment. And when she came back to them, she said, that's not a reason to make a summary judgment based on timing of filing a brief.
[56:33.280 --> 56:54.280]  There must be some reason other than that. So the judge allowed the bank to make 30 days to make a response to why we are not entitled to summary or why we are not entitled to relief on this matter.
[56:54.280 --> 57:13.280]  So 30 days is up. We got the notice that the bank put in and the bank clearly is making invalid points by raising issues of title as not being a subject matter here.
[57:13.280 --> 57:30.280]  The fact that they took the note endorsed in blank from no one. They haven't made a claim as to how they got the note. Normally, the mortgage assignment makes reference to the mortgage and the note being assigned to the bank.
[57:30.280 --> 57:40.280]  This assignment only assigns the mortgage with no indication that the note was assigned. So the mortgage.
[57:40.280 --> 57:49.280]  Okay. And the mortgage does not follow. I mean, the note does not follow the mortgage. The mortgage follows the note.
[57:49.280 --> 58:14.280]  So in this instance, with no note assignment, the bank is making a claim that they hold the original note. And I always bothered an oxymoron if you're telling me you're endorsing a note in blank and the original mortgage was endorsed and you're making a claim to holding the original mortgage, how does anyone logically understand what you just said?
[58:14.280 --> 58:30.280]  Okay. I didn't understand what you just said. Hang on. Let me pick this up on the other side.
[58:30.280 --> 58:50.280]  This is Randy Kelton, Yvette Mott, Rue de la Radio, our call in number 512-646-1984. We'll be right back.
[58:50.280 --> 59:01.280]  Would you like to make more definite progress in your walk with God? Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.280 --> 59:13.280]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today. It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.280 --> 59:27.280]  The free books are a three-volume set called Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the Church.
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[59:57.280 --> 01:00:23.280]  The following newsflash is brought to you by the Lone Star Lowdown, providing your daily bulletins for the commodities market, today in history, news updates, and the inside scoop into the tides of the alternative.
[01:00:23.280 --> 01:00:45.280]  News updates for Wednesday, April 13, 2016, are currently treading with gold at $1,246.13 an ounce, silver $16.29 an ounce, Texas crude $42.17 a barrel, and Bitcoin is currently sitting at about $426 U.S. currency.
[01:00:45.280 --> 01:01:04.280]  Today in history, the year 1970, the Apollo 13 astronauts announced Houston we've got a problem as a result of a beach-filled oxygen tank exploding on route to the moon. The beginning of the Apollo 13 crisis was 46 years ago, today in history.
[01:01:04.280 --> 01:01:18.280]  In recent news, more than 400 protesters were arrested last Monday outside of the U.S. Capitol from an organization called Democracy Spring, which is seeking to remove special interests from politics and raise awareness for change on restrictive voter identification laws.
[01:01:18.280 --> 01:01:25.280]  The demonstration resulted in arrests for what U.S. Capitol police deemed unlawful demonstration activity, such as crowding and obstruction.
[01:01:25.280 --> 01:01:39.280]  Apparently, the protesters were sitting on the stairs of the east front of Capitol Hill. Democracy Spring said on their website that the protest was held to demand Congress take immediate action to end the corruption of big money in our politics and ensure free and fair elections.
[01:01:39.280 --> 01:01:58.280]  Peter Callahan, the group's communication coordinator, stated that, quote, we see populism on the rise on both sides of the spectrum. Americans are sick and tired of their politicians being bought and paid for. Organizers are vowing to continue the demonstration every day for the duration of a week.
[01:01:58.280 --> 01:02:17.280]  The Pentagon declared today that the first phase of military operations against the Islamic State in Iraq and Syria are now over and that the second phase is being implemented. Colonel Steve Warren, the spokesman for the U.S.-led coalition Fighting ISIS, stated that phase two is aimed at dismantling this enemy, while phase three is ultimately the defeat of ISIS.
[01:02:17.280 --> 01:02:39.280]  Success in the first phase included the recapture of about 40 percent of the territory ISIS once held and the annihilation of key leaders and revenue sources. The second phase now underway is focusing on fragmenting ISIS and liberating key territories under their control, like taking back Mosul in Iraq and isolating Raqqa in Syria.
[01:02:39.280 --> 01:03:05.280]  The Lone Star Lowdown is currently looking for sponsors. If you have a product or service you'd like to advertise with us, feel free to give me a call at 210-363-2257. This has been Rick Roady with your Lowdown for April 13, 2016.
[01:03:05.280 --> 01:03:24.280]  It's all according to the will of the Almighty. I read his book and it says, cares not for the unsightly. These warmongers come by that term rightly.
[01:03:24.280 --> 01:03:31.280]  Okay, we are back. Randy Kelton with La Radio and we're talking to Chris in Pennsylvania.
[01:03:31.280 --> 01:03:54.280]  Okay Chris, what is, it seems like if we're talking about assignments, the wrong issue is before the court. The issue before the court should be that these guys are forbidden to try to enforce the mortgage.
[01:03:54.280 --> 01:04:03.280]  Oh, okay, you're immediate, okay. If the bankruptcy law applies there and the judge recognizes that.
[01:04:03.280 --> 01:04:09.280]  Say that again, I spoke and it drove you down, I couldn't hear you.
[01:04:09.280 --> 01:04:37.280]  That is in case the bankruptcy law applies there in that instance where nothing has been administered and the property goes to the borrower, not the creditor, which is how the bankruptcy law rules, even though people have been ruling against that because they just assume that the creditor is entitled to this property after a Chapter 7 bankruptcy.
[01:04:37.280 --> 01:04:51.280]  And they're probably assuming that because almost everybody who files a bankruptcy, seven or 13, they claim the property as secured.
[01:04:51.280 --> 01:05:08.280]  But you didn't do that. So yours is an unusual case and the judge may be, and the other side may be looking at this from the perspective of the property being claimed as secured.
[01:05:08.280 --> 01:05:25.280]  Either way, if it's claimed as secured or it's not claimed secured and no one administers it to claim that it is secured, it still would be ruled dischargeable only if it's unsecured.
[01:05:25.280 --> 01:05:41.280]  The trustee would have to transfer the asset to the borrower or to the lender, the claimant in the secured, I'm sorry, the trustee would have to transfer the property to the secured creditor.
[01:05:41.280 --> 01:05:45.280]  And it wasn't.
[01:05:45.280 --> 01:05:48.280]  It was discharged.
[01:05:48.280 --> 01:05:59.280]  Your position should be that they're subject to collateral estoppel or equitable estoppel.
[01:05:59.280 --> 01:06:03.280]  They had a claim they should have brought it in the bankruptcy court.
[01:06:03.280 --> 01:06:04.280]  Right.
[01:06:04.280 --> 01:06:13.280]  And they didn't. So they can't come now and exercise a claim when they had ample opportunity to bring it.
[01:06:13.280 --> 01:06:31.280]  Right. And that brings me back to what we discussed before we went on break was the oxymoronic attempt to state that even a note endorsed in blank is the original when the original note was endorsed.
[01:06:31.280 --> 01:06:48.280]  Now, if I bring that claim to court and tell you that this note that I went down to the recorder of deeds office and made copy of and just omitted the endorsement and say this is the real note, that's not the case here.
[01:06:48.280 --> 01:06:56.280]  Well, what does in this context the term original mean?
[01:06:56.280 --> 01:06:58.280]  That's a good question.
[01:06:58.280 --> 01:07:08.280]  We may have to look that up because we're assuming that the original means the wedding signature note.
[01:07:08.280 --> 01:07:15.280]  But I often create three or four originals.
[01:07:15.280 --> 01:07:18.280]  I'll sign three or four originals.
[01:07:18.280 --> 01:07:29.280]  If I have an original and I transfer that original to someone else, does that person hold an original?
[01:07:29.280 --> 01:07:36.280]  No, but they hold a copy of the original as it was done originally.
[01:07:36.280 --> 01:07:41.280]  An endorsement in blank isn't even a copy of the original.
[01:07:41.280 --> 01:07:49.280]  Now, wait a minute. It transfers the original claim to another person.
[01:07:49.280 --> 01:07:54.280]  What I'm getting at is in law, what does original mean?
[01:07:54.280 --> 01:08:18.280]  If you purchase a property and you get a mortgage on it and then I come and purchase the property from you and buy the mortgage from me and you assign the property to me, do I hold an original?
[01:08:18.280 --> 01:08:35.280]  They're saying that they took possession of the property and the instrument that provides them possession is an original instrument from their perspective.
[01:08:35.280 --> 01:08:39.280]  They hold an original transfer now of the original instrument.
[01:08:39.280 --> 01:08:46.280]  That's why I'm looking at what does original mean in this context.
[01:08:46.280 --> 01:09:04.280]  Right. Well, the interesting part of that is if no claim is made to whom the party you received that from, how do you justify the fact that you received the original copy?
[01:09:04.280 --> 01:09:10.280]  Okay. No claim is made. I didn't understand what that meant.
[01:09:10.280 --> 01:09:20.280]  The person who did the transfer would have to be the holder of the indebtedness.
[01:09:20.280 --> 01:09:22.280]  Right. So that would be the mortgagee.
[01:09:22.280 --> 01:09:31.280]  So in this case, since the indebtedness was discharged in bankruptcy, there is no indebtedness.
[01:09:31.280 --> 01:09:32.280]  Correct.
[01:09:32.280 --> 01:09:47.280]  So regardless of what they hold, that they had apparently had a claim against the property, was their claim properly filed in the public record?
[01:09:47.280 --> 01:09:51.280]  Their claim was properly filed in the public record.
[01:09:51.280 --> 01:09:52.280]  Okay.
[01:09:52.280 --> 01:10:05.280]  They made a claim from Wachovia Bank who had been, you know, out of business for several years and the mortgage assignment took place three days before they filed it, long before.
[01:10:05.280 --> 01:10:08.280]  Okay. Then it's not properly filed in the public record.
[01:10:08.280 --> 01:10:16.280]  Have you filed a petition for quiet title on that supposed transfer?
[01:10:16.280 --> 01:10:26.280]  Well, that's where we're headed with this and we were waiting to see what the bank came back with as their response as to why we're not entitled to relief.
[01:10:26.280 --> 01:10:33.280]  And the main issue the bank presented was that title is not an issue here.
[01:10:33.280 --> 01:10:59.280]  And they used two case laws from Pennsylvania, Murty and Powell, and both of those are trumped by Lempore, which made the best example of why title is so important in the state of Pennsylvania.
[01:10:59.280 --> 01:11:09.280]  So it's your position that the law they stand on has been trumped by the law you stand on?
[01:11:09.280 --> 01:11:16.280]  Correct. And that law is something I'm trying to, we have a court date.
[01:11:16.280 --> 01:11:27.280]  The interesting part about all of this was our court date was to be yesterday for our attorney and the bank to argue their reply.
[01:11:27.280 --> 01:11:54.280]  Now, there was a scheduling conflict with someone, not sure who, but the judge pushed it back to the 28th of this month, which now gives us the opportunity to get our act together to make arguments to these points.
[01:11:54.280 --> 01:12:11.280]  And I think we discussed last time we talked about the California case, which mentioned about you're able to file against the assignment if you've been injured in this case.
[01:12:11.280 --> 01:12:25.280]  Well, what Ivanov said, Ivanova said, is that after foreclosure, you have standing to challenge the assignment.
[01:12:25.280 --> 01:12:43.280]  Now in Tonini, the guy I'm helping, we filed a, we have a case that mirrors Ivanova, except that in Rick's case, foreclosure hasn't been completed.
[01:12:43.280 --> 01:12:47.280]  It's been initiated, but it hasn't been completed.
[01:12:47.280 --> 01:12:59.280]  And what we've brought and it stopped the court in their tracks because they asked for a letter brief showing how Ivanova affected this case.
[01:12:59.280 --> 01:13:15.280]  And what we claimed was that the San Diego court needed to distinguish Ivanova because Ivanova said that after foreclosure, you have a right to challenge an assignment.
[01:13:15.280 --> 01:13:19.280]  But the Inova case was initiated after foreclosure.
[01:13:19.280 --> 01:13:30.280]  We're saying that if there is an assignment and a notice in good standing, the assignment has no effect on the borrower.
[01:13:30.280 --> 01:13:46.280]  But once the assignee files a notice of acceleration in the public record, now the borrower has been harmed because his credit has been affected, his reputation has been affected.
[01:13:46.280 --> 01:14:01.280]  The borrower has now been subjected to harm. So the question becomes, how does my harm change from the point of the notice of acceleration until eviction?
[01:14:01.280 --> 01:14:20.280]  If I have a claim at the beginning, I have a claim at the end, I should have a claim all the way through. It's unreasonable to ask me to wait until I'm evicted from the property to file a claim against the person who's trying to evict me.
[01:14:20.280 --> 01:14:32.280]  So we ask them to distinguish Ivanova and distinguish it by defining after foreclosure to mean after initiation of foreclosure.
[01:14:32.280 --> 01:14:45.280]  And another similar case has been picked up by the Supreme and the San Diego court seems to be waiting for that case to be filed.
[01:14:45.280 --> 01:14:53.280]  But essentially what it says is once they foreclosed, now you can challenge the assignment.
[01:14:53.280 --> 01:14:54.280]  Right.
[01:14:54.280 --> 01:14:58.280]  I mean, as far as your position in Pennsylvania is concerned.
[01:14:58.280 --> 01:15:03.280]  Right. From my understanding, speaking with Leslie today, we had a discussion about this.
[01:15:03.280 --> 01:15:22.280]  And from my understanding, what she's been telling me is that a mortgage state, you can file anytime when you're in foreclosure. In a deed of trust state, you have to wait until the foreclosure is finished.
[01:15:22.280 --> 01:15:32.280]  I don't know where she got that distinction because Ivanova certainly didn't make that distinction.
[01:15:32.280 --> 01:15:33.280]  Right.
[01:15:33.280 --> 01:15:44.280]  Ivanova was unique because that particular issue, we couldn't find it specifically being addressed elsewhere.
[01:15:44.280 --> 01:15:45.280]  Okay.
[01:15:45.280 --> 01:15:50.280]  So maybe your lawyer has some penance of any case law addressing that.
[01:15:50.280 --> 01:15:56.280]  But I've never seen a difference in that regard between a deed of trust and a mortgage state.
[01:15:56.280 --> 01:15:59.280]  Okay.
[01:15:59.280 --> 01:16:05.280]  There may be. It's not a question that I've ever had come up before.
[01:16:05.280 --> 01:16:08.280]  Right. Is California a deed of trust state?
[01:16:08.280 --> 01:16:10.280]  Yes, it is.
[01:16:10.280 --> 01:16:12.280]  Okay.
[01:16:12.280 --> 01:16:23.280]  But as far as mortgage or deed of trust, it shouldn't make any difference because this merely goes to a claim against the property.
[01:16:23.280 --> 01:16:28.280]  And the only difference between a deed of trust state is to confess to judgment.
[01:16:28.280 --> 01:16:33.280]  So the claim is still the claim.
[01:16:33.280 --> 01:16:36.280]  And the question was, when can you make the claim?
[01:16:36.280 --> 01:16:38.280]  Hang on. Randy Kelton.
[01:16:38.280 --> 01:16:40.280]  Vettin Pak.
[01:16:40.280 --> 01:16:41.280]  Rule of Law Radio.
[01:16:41.280 --> 01:16:45.280]  Our calling number is 512-646-1984.
[01:16:45.280 --> 01:16:49.280]  I'm having trouble getting used to doing both names.
[01:16:49.280 --> 01:16:51.280]  But I'll do that.
[01:16:51.280 --> 01:17:01.280]  Okay. We'll be right back.
[01:17:21.280 --> 01:17:26.280]  We'll be right back.
[01:17:51.280 --> 01:17:56.280]  We'll be right back.
[01:18:21.280 --> 01:18:26.280]  We'll be right back.
[01:18:51.280 --> 01:19:11.280]  This is the Logos Radio Network.
[01:19:11.280 --> 01:19:21.280]  This is the Logos Radio Network.
[01:19:21.280 --> 01:19:45.280]  This is the Logos Radio Network.
[01:19:45.280 --> 01:19:52.280]  Okay. We are back.
[01:19:52.280 --> 01:19:55.280]  Randy Kelton. Rule of Law Radio.
[01:19:55.280 --> 01:19:59.280]  This is Randy Kelton and Vettin Pak.
[01:19:59.280 --> 01:20:02.280]  And Vettin Pak's name is Vettin Motley Pak.
[01:20:02.280 --> 01:20:11.280]  So I think we're going to start calling this, the two of us, the Motley Pak.
[01:20:11.280 --> 01:20:16.280]  Anyway, we're talking to Chris in Pennsylvania.
[01:20:16.280 --> 01:20:19.280]  Okay, Chris.
[01:20:19.280 --> 01:20:28.280]  I'm having trouble with where you're at in the case and why you're at this point.
[01:20:28.280 --> 01:20:35.280]  Is this an argument that you're putting in and you have other arguments in the alternative?
[01:20:35.280 --> 01:20:40.280]  This is not something on which the case is going to evolve, is it?
[01:20:40.280 --> 01:20:53.280]  No, this is merely the case has been moved to the 28th argument based on what the bank replied to as why we're not entitled to relief.
[01:20:53.280 --> 01:21:00.280]  And everything we've just talked about, the bank mentions why we're not entitled to relief.
[01:21:00.280 --> 01:21:11.280]  They also mentioned that we can't attest to standing of the assignment of the parties in the assignment base because we have not been injured in this case,
[01:21:11.280 --> 01:21:17.280]  which is quite the contrary because they've foreclosed on us and have a share of sale.
[01:21:17.280 --> 01:21:20.280]  We've been injured as far as we can be injured.
[01:21:20.280 --> 01:21:28.280]  Yeah, I would ask the other side to define what it means by the term injured.
[01:21:28.280 --> 01:21:39.280]  And I think their definition is you've only been required to honor the contract, so that's not an injury.
[01:21:39.280 --> 01:21:47.280]  And you're saying, but I wasn't required to honor the contract to you, so it is an injury.
[01:21:47.280 --> 01:21:49.280]  Right.
[01:21:49.280 --> 01:21:59.280]  The bank is also making a statement in their response that they say it doesn't matter that they have mentioned that
[01:21:59.280 --> 01:22:12.280]  Fannie Mae is the owner of this as a third party to prove title that they've come about this note when they've taken an assignment from Wachovia.
[01:22:12.280 --> 01:22:24.280]  And my theory was that the mortgage follows the note and the assignment of mortgage in note has to be from that same person who's assigning the mortgage.
[01:22:24.280 --> 01:22:33.280]  That's Carpenter Longa.
[01:22:33.280 --> 01:22:42.280]  If they're moving the mortgage around and not the note, then they've separated the mortgage from the notes.
[01:22:42.280 --> 01:22:44.280]  Who actually holds the note?
[01:22:44.280 --> 01:22:47.280]  Oh, wait, nobody holds the note.
[01:22:47.280 --> 01:22:49.280]  Right.
[01:22:49.280 --> 01:22:53.280]  It's been discharged.
[01:22:53.280 --> 01:23:04.280]  It really doesn't make sense. I suspect that you're in the process of arguing interim issues that will in the end be minor point.
[01:23:04.280 --> 01:23:12.280]  It's the real issue is going to be, does the discharge have any force and effect?
[01:23:12.280 --> 01:23:16.280]  Right.
[01:23:16.280 --> 01:23:29.280]  Which brings me to my last point, which is if my attorney never filed a brief raising these issues, okay, and this is what the bank is making in their reply.
[01:23:29.280 --> 01:23:40.280]  They've spent two paragraphs talking about how my attorney had finally due process to file a response and never did.
[01:23:40.280 --> 01:23:42.280]  Okay.
[01:23:42.280 --> 01:23:57.280]  The recourse toward my lawyer for if this gets adjudicated that her not filing a brief is the reason I lose this mortgage.
[01:23:57.280 --> 01:24:02.280]  Did you have a claim against your lawyer here?
[01:24:02.280 --> 01:24:04.280]  Your lawyer is probably pretty worried about this.
[01:24:04.280 --> 01:24:08.280]  This is the kind of thing that gets lawyers sued.
[01:24:08.280 --> 01:24:12.280]  Well, that's probably why she hasn't asked me for any money in a while.
[01:24:12.280 --> 01:24:22.280]  Yes, she's probably terrified that she's going to lose this and then you're going to sue her.
[01:24:22.280 --> 01:24:24.280]  And that's appropriate.
[01:24:24.280 --> 01:24:26.280]  That's what malpractice is for.
[01:24:26.280 --> 01:24:31.280]  You go to a lawyer and he's going to look around for deep pockets.
[01:24:31.280 --> 01:24:33.280]  So you look around for deep pockets.
[01:24:33.280 --> 01:24:36.280]  This lawyer's got malpractice insurance.
[01:24:36.280 --> 01:24:43.280]  So if you lose it to the bank, you got shot at the lawyer.
[01:24:43.280 --> 01:24:50.280]  How easily is that done?
[01:24:50.280 --> 01:24:51.280]  Say that again.
[01:24:51.280 --> 01:24:56.280]  It's already been adjudicated.
[01:24:56.280 --> 01:25:06.280]  But once you get a final adjudication, if you lose and you lose because the lawyer failed to file the brief,
[01:25:06.280 --> 01:25:15.280]  it's clearly a fault on part of the lawyer, then the lawyer is responsible for your loss.
[01:25:15.280 --> 01:25:20.280]  So once you get a final adjudication, then you just go back and sue your lawyer.
[01:25:20.280 --> 01:25:24.280]  And that should be pretty simple since it's already collateral estoppel.
[01:25:24.280 --> 01:25:28.280]  Yeah, that's a pretty straightforward suit.
[01:25:28.280 --> 01:25:35.280]  And what the insurance company will do is probably make a deal with you.
[01:25:35.280 --> 01:25:40.280]  So that's for you, that's probably a good thing.
[01:25:40.280 --> 01:25:46.280]  Well, I'm trying to weigh all my options here, you know.
[01:25:46.280 --> 01:25:54.280]  It appears as though if she can make this final argument in favor of what we've just discussed,
[01:25:54.280 --> 01:25:59.280]  it'll open this up to be able to ask to place this quiet title
[01:25:59.280 --> 01:26:05.280]  and finally come to terms with the gambit of who's actually the lender.
[01:26:05.280 --> 01:26:07.280]  The bank's making the claim they're the servicer.
[01:26:07.280 --> 01:26:13.280]  They've sent us 20 letters claiming they're the servicer for Fannie Mae, who's the lender.
[01:26:13.280 --> 01:26:16.280]  We have Fannie Mae making a claim on our credit report
[01:26:16.280 --> 01:26:21.280]  that the debt has been discharged under Chapter 7 with no assignment of mortgage.
[01:26:21.280 --> 01:26:24.280]  They're not involved with the note of the mortgage.
[01:26:24.280 --> 01:26:25.280]  How do they make that claim?
[01:26:25.280 --> 01:26:32.280]  That's a Fair Credit Reporting Act violation.
[01:26:32.280 --> 01:26:34.280]  You know, how does the bank actually make that claim
[01:26:34.280 --> 01:26:39.280]  when they've taken the assignment of the construction loan and not the mortgage?
[01:26:39.280 --> 01:26:43.280]  And they're saying that's not a big deal in their response because they hold the note,
[01:26:43.280 --> 01:26:49.280]  which they haven't established as to how they got this note with all these people involved.
[01:26:49.280 --> 01:26:56.280]  Yeah, but the note has been discharged, so they hold a note with no value.
[01:26:56.280 --> 01:27:05.280]  Right, and the note was discharged before they went to court for the foreclosure.
[01:27:05.280 --> 01:27:17.280]  So most likely to get past this issue, then the bank still has a large hurdle to overcome.
[01:27:17.280 --> 01:27:22.280]  And the statute of limitations runs out in about eight months.
[01:27:22.280 --> 01:27:30.280]  No, if they're in court, the statute of limitations doesn't run anymore,
[01:27:30.280 --> 01:27:33.280]  unless they're dismissed completely.
[01:27:33.280 --> 01:27:37.280]  If they're dismissed, then they're out of time.
[01:27:37.280 --> 01:27:44.280]  If you get a dismissal, then it's like the suit never happened.
[01:27:44.280 --> 01:27:56.280]  So then the statute of limitations are running for the purpose of a dismissal.
[01:27:56.280 --> 01:28:05.280]  But if you're in court with them, they can stay in court 10 years, the statute of limitations doesn't matter.
[01:28:05.280 --> 01:28:07.280]  Okay.
[01:28:07.280 --> 01:28:11.280]  Yeah, the only time it'll matter is if you get a dismissal.
[01:28:11.280 --> 01:28:14.280]  Okay.
[01:28:14.280 --> 01:28:15.280]  Anything else?
[01:28:15.280 --> 01:28:16.280]  Okay.
[01:28:16.280 --> 01:28:17.280]  That was perfect.
[01:28:17.280 --> 01:28:18.280]  Thanks.
[01:28:18.280 --> 01:28:20.280]  Just wanted to give you an update on where I was with this,
[01:28:20.280 --> 01:28:25.280]  and hopefully on the 28th we'll figure out how this gets dedicated.
[01:28:25.280 --> 01:28:26.280]  Let us know how this works out.
[01:28:26.280 --> 01:28:29.280]  I'd be interested in hearing.
[01:28:29.280 --> 01:28:30.280]  Oh, yeah.
[01:28:30.280 --> 01:28:32.280]  And next Friday would be the 29th.
[01:28:32.280 --> 01:28:34.280]  That'll be perfect.
[01:28:34.280 --> 01:28:36.280]  Yeah.
[01:28:36.280 --> 01:28:37.280]  Okay.
[01:28:37.280 --> 01:28:38.280]  I'll let you know.
[01:28:38.280 --> 01:28:39.280]  Okay.
[01:28:39.280 --> 01:28:40.280]  Thank you, Chris.
[01:28:40.280 --> 01:28:44.280]  Now we're going to go to Alan in California.
[01:28:44.280 --> 01:28:45.280]  Hello, Alan.
[01:28:45.280 --> 01:28:46.280]  Last time we couldn't hear you.
[01:28:46.280 --> 01:28:48.280]  Are you there now?
[01:28:48.280 --> 01:28:51.280]  You must be talking to me.
[01:28:51.280 --> 01:28:53.280]  Much better.
[01:28:53.280 --> 01:28:54.280]  Are you talking to me?
[01:28:54.280 --> 01:28:55.280]  Yeah, I am talking to you.
[01:28:55.280 --> 01:28:57.280]  Yes.
[01:28:57.280 --> 01:28:59.280]  My name is Phil, and I'm in South Carolina.
[01:28:59.280 --> 01:29:00.280]  Oh, okay.
[01:29:00.280 --> 01:29:08.280]  Yeah, I thought my producer told me that somehow the database brought up the wrong name here.
[01:29:08.280 --> 01:29:14.280]  Well, I'm going to call it the old Skype that's probably why.
[01:29:14.280 --> 01:29:15.280]  Okay.
[01:29:15.280 --> 01:29:18.280]  What do you have for us today?
[01:29:18.280 --> 01:29:20.280]  I want to switch the subject of transprotection.
[01:29:20.280 --> 01:29:35.280]  I know this is Eddie Craig's forte, but I want you to see if you could give me your take on our federal statute.
[01:29:35.280 --> 01:29:36.280]  Okay.
[01:29:36.280 --> 01:29:37.280]  Hang on.
[01:29:37.280 --> 01:29:38.280]  Hang on.
[01:29:38.280 --> 01:29:39.280]  We're about to go to break.
[01:29:39.280 --> 01:29:41.280]  We'll pick this up on the other side.
[01:29:41.280 --> 01:29:50.280]  This is Randy Kelton, VetPak, Rue de la Radio are calling number 512-646-1984.
[01:29:50.280 --> 01:30:01.280]  We'll be right back.
[01:30:01.280 --> 01:30:07.280]  Getting hitched may be one of the best moves a man can make according to new research about the health benefits of marriage.
[01:30:07.280 --> 01:30:13.280]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment to tell you why men should be grateful for their wives.
[01:30:13.280 --> 01:30:15.280]  Privacy is under attack.
[01:30:15.280 --> 01:30:19.280]  When you give up data about yourself, you'll never get it back again.
[01:30:19.280 --> 01:30:23.280]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:23.280 --> 01:30:29.280]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:29.280 --> 01:30:31.280]  Privacy, it's worth hanging on to.
[01:30:31.280 --> 01:30:39.280]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:39.280 --> 01:30:42.280]  Start over with StartPage.
[01:30:42.280 --> 01:30:46.280]  Married men live longer, healthier lives than single men.
[01:30:46.280 --> 01:30:54.280]  For example, they have a lower risk of depression, they're more likely to survive about with cancer, and they have a 46% lower chance of dying from heart disease.
[01:30:54.280 --> 01:30:55.280]  Why is that?
[01:30:55.280 --> 01:31:01.280]  A study by the RAND Corporation suggests that a big reason is their overall healthier lifestyle.
[01:31:01.280 --> 01:31:07.280]  Married men are better cared for when they're sick, have healthier diets, and have far less stress in a happy home environment.
[01:31:07.280 --> 01:31:12.280]  They're also less likely to smoke, drink excessively, or engage in other risky behaviors.
[01:31:12.280 --> 01:31:18.280]  So despite all those jokes about married life, men, you should be grateful for that proverbial ball and chain.
[01:31:18.280 --> 01:31:30.280]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.280 --> 01:31:35.280]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.280 --> 01:31:37.280]  The government says that fire brought it down.
[01:31:37.280 --> 01:31:42.280]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.280 --> 01:31:48.280]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow first responders are dying.
[01:31:48.280 --> 01:31:49.280]  I'm not a conspiracy theorist.
[01:31:49.280 --> 01:31:50.280]  I'm a structural engineer.
[01:31:50.280 --> 01:31:52.280]  I'm a New York City correction officer.
[01:31:52.280 --> 01:31:53.280]  I'm an Air Force pilot.
[01:31:53.280 --> 01:31:54.280]  I'm a father who lost his son.
[01:31:54.280 --> 01:31:57.280]  We're Americans, and we deserve the truth.
[01:31:57.280 --> 01:32:00.280]  Go to RememberBuilding7.org today.
[01:32:00.280 --> 01:32:02.280]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.280 --> 01:32:05.280]  Did your home receive hail or wind damage from the recent storms?
[01:32:05.280 --> 01:32:10.280]  Come on, we all know the government caused it with their Kim trails, but good luck getting them to pay for it.
[01:32:10.280 --> 01:32:14.280]  Okay, I might be kidding about the Kim trails, but I'm serious about your roof.
[01:32:14.280 --> 01:32:20.280]  That's why you have insurance, and Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
[01:32:20.280 --> 01:32:26.280]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with zero complaints.
[01:32:26.280 --> 01:32:31.280]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:31.280 --> 01:32:38.280]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.280 --> 01:32:40.280]  You can watch in the crypto show and get $100 off.
[01:32:40.280 --> 01:32:45.280]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.280 --> 01:32:50.280]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.280 --> 01:32:56.280]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.280 --> 01:32:58.280]  Discounts are based on full roof replacement.
[01:32:58.280 --> 01:33:02.280]  May not actually be kidding about Kim trails.
[01:33:02.280 --> 01:33:04.280]  Looking for some truth?
[01:33:04.280 --> 01:33:08.280]  You found it, logosradionetwork.com.
[01:33:24.280 --> 01:33:26.280]  Okay, we are back.
[01:33:26.280 --> 01:33:32.280]  Randy Kelton, Matt, Rue La Radio.
[01:33:32.280 --> 01:33:35.280]  I'll get this straight in a minute.
[01:33:35.280 --> 01:33:39.280]  I'm still having trouble getting the name right.
[01:33:39.280 --> 01:33:43.280]  Her name is Vette Motley-Pack.
[01:33:43.280 --> 01:33:47.280]  And I keep wanting to say Vette Mott for some reason.
[01:33:47.280 --> 01:33:52.280]  So anyway, Vette Pack, she's going to beat the crap out of me.
[01:33:52.280 --> 01:33:56.280]  She's 5'2", 110 pounds.
[01:33:56.280 --> 01:34:07.280]  And she sent me a video of her in one of these weight machines on her back with her legs pressing 430 pounds.
[01:34:07.280 --> 01:34:11.280]  I sent her a text back, said, that's nothing.
[01:34:11.280 --> 01:34:14.280]  I could press a third of that.
[01:34:14.280 --> 01:34:20.280]  She has muscles in places where I don't have places.
[01:34:20.280 --> 01:34:22.280]  She's a black belt in karate.
[01:34:22.280 --> 01:34:24.280]  This woman is incredible.
[01:34:24.280 --> 01:34:32.280]  So now when we travel around the country for doing seminars, now I have my own bodyguard.
[01:34:32.280 --> 01:34:34.280]  Okay.
[01:34:34.280 --> 01:34:37.280]  Where are we, Alan?
[01:34:37.280 --> 01:34:39.280]  Okay, let's keep it still.
[01:34:39.280 --> 01:34:48.280]  And there's a transportation code, a federal transportation code, Title 49, I believe it is.
[01:34:48.280 --> 01:34:53.280]  And it's Section 30103.
[01:34:53.280 --> 01:34:57.280]  And it has to do with uniformity of regulation.
[01:34:57.280 --> 01:35:05.280]  Now I've been listening to Eddie and yourself and some others and how people's God-given liberties
[01:35:05.280 --> 01:35:12.280]  are being translated into privileges for the benefit of those who are receiving money.
[01:35:12.280 --> 01:35:16.280]  And I begin to want to fight back against it.
[01:35:16.280 --> 01:35:19.280]  I've been trying to do some reading.
[01:35:19.280 --> 01:35:24.280]  What you all do is awesome beyond words because you add an offensive component
[01:35:24.280 --> 01:35:28.280]  where a lot of people just go in on a defense.
[01:35:28.280 --> 01:35:35.280]  And this regulation seems to say that states, because all of the states, I believe,
[01:35:35.280 --> 01:35:41.280]  have had to adopt the federal transportation code in order to have uniformity across the country.
[01:35:41.280 --> 01:35:43.280]  Okay, hold on.
[01:35:43.280 --> 01:35:45.280]  Hold on.
[01:35:45.280 --> 01:35:48.280]  They haven't had to.
[01:35:48.280 --> 01:35:52.280]  The feds encouraged them to.
[01:35:52.280 --> 01:36:01.280]  And the same thing with the penal code and most all of the penal and transportation.
[01:36:01.280 --> 01:36:03.280]  They encouraged them to.
[01:36:03.280 --> 01:36:08.280]  The feds put together a set of uniform codes.
[01:36:08.280 --> 01:36:13.280]  And I think all of the states but three adopted them.
[01:36:13.280 --> 01:36:14.280]  Okay.
[01:36:14.280 --> 01:36:21.280]  And those states, since they adopted the code, they'd do anything they wanted to with it.
[01:36:21.280 --> 01:36:25.280]  So the state can still make adjustments to the code.
[01:36:25.280 --> 01:36:30.280]  This provision in the federal code is not controlling on the states.
[01:36:30.280 --> 01:36:33.280]  It's only advisory.
[01:36:33.280 --> 01:36:36.280]  Okay, go ahead.
[01:36:36.280 --> 01:36:42.280]  It says that a state may enforce a standard that's identical to a standard
[01:36:42.280 --> 01:36:45.280]  that's prescribed under this chapter.
[01:36:45.280 --> 01:36:49.280]  I don't know whether that imposed an absolute on the states or not, but likely they wouldn't.
[01:36:49.280 --> 01:36:53.280]  No, they did because they couldn't.
[01:36:53.280 --> 01:36:59.280]  That would be an undue preemption of state sovereignty.
[01:36:59.280 --> 01:37:03.280]  So all they could do is suggest that they do and try to get them to.
[01:37:03.280 --> 01:37:05.280]  Most of them did.
[01:37:05.280 --> 01:37:12.280]  But if I leave Texas and I go to South Carolina, I pretty well understand what the law is.
[01:37:12.280 --> 01:37:15.280]  But they're not required to.
[01:37:15.280 --> 01:37:18.280]  Okay.
[01:37:18.280 --> 01:37:24.280]  Another thing about regulation, it seems that the agencies,
[01:37:24.280 --> 01:37:31.280]  most of the agencies are not following their regulations to the letter like they're supposed to.
[01:37:31.280 --> 01:37:38.280]  From what my understanding of the Supreme Court, I think the case is U.S. versus Athens,
[01:37:38.280 --> 01:37:42.280]  where they were supposed to follow their regulations scrupulously.
[01:37:42.280 --> 01:37:46.280]  Court of actions won't stand.
[01:37:46.280 --> 01:37:53.280]  In South Carolina, the Department of Public Safety has regulations
[01:37:53.280 --> 01:37:59.280]  with outlining their jurisdiction and has stated that the authorization for their rules
[01:37:59.280 --> 01:38:05.280]  came from the state laws concerning motor vehicle carriers.
[01:38:05.280 --> 01:38:11.280]  And the jurisdiction was for motor carriers to hire.
[01:38:11.280 --> 01:38:15.280]  These are the exact words in the regulation.
[01:38:15.280 --> 01:38:22.280]  But then they have what seems to be a regulation
[01:38:22.280 --> 01:38:27.280]  which would let them get away with not following the previous regulations.
[01:38:27.280 --> 01:38:30.280]  And the exact words is,
[01:38:30.280 --> 01:38:34.280]  the adoption of these rules shall in no way preclude the department from altering,
[01:38:34.280 --> 01:38:38.280]  amending, or revoking them in whole or in part,
[01:38:38.280 --> 01:38:44.280]  or from requiring any other additional service equipment facility, yada, yada, yada.
[01:38:44.280 --> 01:38:45.280]  Okay.
[01:38:45.280 --> 01:38:55.280]  Well, they had to put that in there in order to keep from preempting state law.
[01:38:55.280 --> 01:39:00.280]  See, that's the caveat.
[01:39:00.280 --> 01:39:07.280]  But in the end, the first part about them having to follow the law scrupulously,
[01:39:07.280 --> 01:39:09.280]  well, that goes to due process.
[01:39:09.280 --> 01:39:11.280]  That goes to federal due process.
[01:39:11.280 --> 01:39:17.280]  And they can require that they follow the law scrupulously.
[01:39:17.280 --> 01:39:32.280]  But they can change local law and adjust it from the model standards that the feds produced.
[01:39:32.280 --> 01:39:34.280]  These are just for the rules, I'm saying.
[01:39:34.280 --> 01:39:37.280]  For the rules and regulations for the department.
[01:39:37.280 --> 01:39:38.280]  Yeah.
[01:39:38.280 --> 01:39:41.280]  They've been unable to waive these rules or whatever they want to do
[01:39:41.280 --> 01:39:44.280]  if it becomes inconvenient for them.
[01:39:44.280 --> 01:39:48.280]  Well, they have to follow their, they can change the rules,
[01:39:48.280 --> 01:39:51.280]  but they have to follow those rules scrupulously.
[01:39:51.280 --> 01:39:58.280]  They can't just arbitrarily and capriciously change the rules to fit a circumstance.
[01:39:58.280 --> 01:40:00.280]  I see.
[01:40:00.280 --> 01:40:01.280]  Okay.
[01:40:01.280 --> 01:40:05.280]  Well, this rule about this jurisdiction,
[01:40:05.280 --> 01:40:09.280]  this is for general application and implies to any person, firm, partnership,
[01:40:09.280 --> 01:40:12.280]  you know how the language goes,
[01:40:12.280 --> 01:40:16.280]  become engaged as a motor carrier for hire within the state.
[01:40:16.280 --> 01:40:21.280]  And this is under, jurisdiction is written into their regulation.
[01:40:21.280 --> 01:40:25.280]  And these regulations were written under,
[01:40:25.280 --> 01:40:30.280]  they were promulgated by enactments from the General Assembly of the state.
[01:40:30.280 --> 01:40:35.280]  So it comes from law that they, the Motor Carrier Act.
[01:40:35.280 --> 01:40:39.280]  They don't file acts when they stop a person on the street.
[01:40:39.280 --> 01:40:46.280]  Okay. That sounds, that almost exactly mirrors Texas law.
[01:40:46.280 --> 01:40:51.280]  And I suspect it's going to pretty well mirror every state in the union
[01:40:51.280 --> 01:40:58.280]  because clearly they're licensing a profession
[01:40:58.280 --> 01:41:01.280]  because they can't license a right.
[01:41:01.280 --> 01:41:12.280]  The problem is for us is we have to make the right argument in order to get the right answer.
[01:41:12.280 --> 01:41:16.280]  And I generally don't do traffic,
[01:41:16.280 --> 01:41:21.280]  but I have seen a lot of people who are trying to do traffic.
[01:41:21.280 --> 01:41:32.280]  And the problems I tend to see come from some unwarranted presuppositions.
[01:41:32.280 --> 01:41:38.280]  And it's not straightforward as to why most people are losing.
[01:41:38.280 --> 01:41:46.280]  The presupposition is that the law is necessarily controlling.
[01:41:46.280 --> 01:41:48.280]  And it's not.
[01:41:48.280 --> 01:41:55.280]  The law only controls if you bring the law before the court.
[01:41:55.280 --> 01:42:03.280]  And you have to bring it in before the court in a way that they can't get past it.
[01:42:03.280 --> 01:42:05.280]  Eddie doesn't like this,
[01:42:05.280 --> 01:42:19.280]  but I am registered with the Federal Department of Transportation as a motor carrier.
[01:42:19.280 --> 01:42:21.280]  Okay.
[01:42:21.280 --> 01:42:22.280]  I'm sorry.
[01:42:22.280 --> 01:42:24.280]  I said as a motor carrier.
[01:42:24.280 --> 01:42:34.280]  I am registered under the Motor Carrier Act as a private operator, not in commerce.
[01:42:34.280 --> 01:42:37.280]  While I'm registered with the Department of Transportation,
[01:42:37.280 --> 01:42:40.280]  every time a policeman pulls me over I say,
[01:42:40.280 --> 01:42:46.280]  did you check with the Department of Transportation for my registration there?
[01:42:46.280 --> 01:42:48.280]  And they always say, no.
[01:42:48.280 --> 01:42:56.280]  I say, well, you might want to do that because that gives them public notice
[01:42:56.280 --> 01:43:00.280]  that I'm a private operator, not in commerce.
[01:43:00.280 --> 01:43:04.280]  So I can have my license and have it on my vehicle,
[01:43:04.280 --> 01:43:10.280]  and I have the right to operate in commerce.
[01:43:10.280 --> 01:43:16.280]  But I've registered myself with the DOT as a private operator.
[01:43:16.280 --> 01:43:24.280]  And this is put in there for a case where, say, you own a farm, a large farm,
[01:43:24.280 --> 01:43:27.280]  and you haul your own product to market.
[01:43:27.280 --> 01:43:33.280]  Well, all of these big trucks, the...
[01:43:33.280 --> 01:43:34.280]  Hold on.
[01:43:34.280 --> 01:43:36.280]  I think we're about to do a break.
[01:43:36.280 --> 01:43:37.280]  Yeah.
[01:43:37.280 --> 01:43:38.280]  Okay.
[01:43:38.280 --> 01:43:39.280]  We'll pick this up on the other side.
[01:43:39.280 --> 01:43:46.280]  But this is Randy Kelton, VETPAT, VETPAT Radio.
[01:43:46.280 --> 01:43:50.280]  I call it number 512-646-1984.
[01:43:50.280 --> 01:43:57.280]  We'll pick this up on the other side, and I'll get used to this new name set eventually.
[01:43:57.280 --> 01:44:00.280]  We'll be right back.
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[01:46:43.280 --> 01:46:47.280]  Rule of Law Radio, and we're talking to Phil in South Carolina.
[01:46:47.280 --> 01:46:52.280]  There's something I'm trying to find a way to explain it.
[01:46:52.280 --> 01:47:03.280]  I had a guy in court just today, in a traffic court, and I'm thinking about how do I force the court to this issue?
[01:47:03.280 --> 01:47:06.280]  They don't want to go to this issue.
[01:47:06.280 --> 01:47:08.280]  So how do I force them to the issue?
[01:47:08.280 --> 01:47:25.280]  And one of the things I was thinking, when the prosecutor brings the police officer up on the stand, the first thing he does is establishes the officer's credentials.
[01:47:25.280 --> 01:47:35.280]  So he starts asking about his credentials as a peace officer, and I'm thinking I want to object relevance.
[01:47:35.280 --> 01:47:37.280]  And they're going to get all excited.
[01:47:37.280 --> 01:47:41.280]  Well, he's a police officer, blah, blah, blah, with objection, relevance.
[01:47:41.280 --> 01:47:45.280]  What does that have to do with enforcing the traffic code?
[01:47:45.280 --> 01:47:54.280]  The peace officer is authorized to enforce the criminal laws, but the transportation code takes a special authorization.
[01:47:54.280 --> 01:48:01.280]  Will you demonstrate his authorization to enforce the traffic code or the transportation code?
[01:48:01.280 --> 01:48:13.280]  That's why I'm trying to work a way to push, to bring these issues before the court.
[01:48:13.280 --> 01:48:15.280]  I'm not sure.
[01:48:15.280 --> 01:48:23.280]  We have some peculiar stuff in Texas that goes to who can enforce the traffic code.
[01:48:23.280 --> 01:48:39.280]  Bill, have you looked at the, it would probably be in your administrative code that creates where the transportation code is implemented.
[01:48:39.280 --> 01:48:56.280]  Powers says that the sheriff of the county can appoint five officers to enforce the transportation code, and these officers have to be certified by the Department of Transportation.
[01:48:56.280 --> 01:49:01.280]  And then it lists who can be certified.
[01:49:01.280 --> 01:49:06.280]  So the sheriff doesn't have to select only sheriff's deputies.
[01:49:06.280 --> 01:49:11.280]  He can select any peace officer in the county.
[01:49:11.280 --> 01:49:20.280]  So long as the peace officer is from a city with a population more than a certain amount,
[01:49:20.280 --> 01:49:36.280]  in a county with a national highway or bordering a Mexican state, it's got this whole section of the most outrageous conditions you ever heard of.
[01:49:36.280 --> 01:49:41.280]  Have you found anything like that in South Carolina?
[01:49:41.280 --> 01:49:48.280]  Well, unfortunately, South Carolina is kind of sporting in their legislation.
[01:49:48.280 --> 01:50:01.280]  I've been listening to your show and digging through your archives, and your Texas criminal code is almost as large as the entire legislation in South Carolina.
[01:50:01.280 --> 01:50:03.280]  It's huge.
[01:50:03.280 --> 01:50:07.280]  And South Carolina's criminal code, it's Spartan to say the least.
[01:50:07.280 --> 01:50:09.280]  It doesn't cover anything.
[01:50:09.280 --> 01:50:19.280]  And we have to go through the entire code, and we have to go through the regulations for the individual departments to find out where their authority comes from.
[01:50:19.280 --> 01:50:30.280]  And like I was saying, hearing the regulations for the Department of Public Safety, the assembly has gone through another cycle.
[01:50:30.280 --> 01:50:42.280]  The implementation of the regulations, that's the place almost nobody goes, and that was one of the big advantages that Eddie Craig gave us,
[01:50:42.280 --> 01:50:51.280]  because he went back to the beginning, and he wanted to know how these guys got their authority, and what he found was absolutely amazing.
[01:50:51.280 --> 01:51:01.280]  So it may be worth the time, because it's not really that the implementation portion is not going to be that great,
[01:51:01.280 --> 01:51:07.280]  and a few good internet searches should help you find it.
[01:51:07.280 --> 01:51:14.280]  What constitutes law? How is law enacted? How was the transportation code enacted?
[01:51:14.280 --> 01:51:25.280]  And we have the transportation code in Texas, but we also have the administrative code,
[01:51:25.280 --> 01:51:32.280]  which sets up the Department of Public Safety and grants them their authorities.
[01:51:32.280 --> 01:51:38.280]  You're going to have the same thing in South Carolina,
[01:51:38.280 --> 01:51:48.280]  and it should be right in the beginning of the section that addresses the Department of Public Safety.
[01:51:48.280 --> 01:51:51.280]  Is there the traffic cops?
[01:51:51.280 --> 01:51:59.280]  Here in South Carolina, this is established under the Motor Vehicle Code.
[01:51:59.280 --> 01:52:04.280]  It's established under the statutes.
[01:52:04.280 --> 01:52:12.280]  In Texas, it's just a different place. They just stuck it in the Motor Vehicle Code.
[01:52:12.280 --> 01:52:20.280]  Texas adopted the Federal Transportation Code. They adopted it in total.
[01:52:20.280 --> 01:52:27.280]  So when they set up all these implementations, they did that in the administrative code rather than mess with the transportation code.
[01:52:27.280 --> 01:52:35.280]  Just like South Carolina kind of weaved them together, but it should be in the front.
[01:52:35.280 --> 01:52:39.280]  Authorization. You read that real careful.
[01:52:39.280 --> 01:52:47.280]  And the first thing you want to talk to the court about is how do you get jurisdiction?
[01:52:47.280 --> 01:52:58.280]  You have this officer here who comes to the court and makes an accusation of a violation of this code.
[01:52:58.280 --> 01:53:02.280]  And the first thing I want to know is who is this guy?
[01:53:02.280 --> 01:53:12.280]  And how did this guy accrue the legal capacity to invoke the subject matter jurisdiction of the court?
[01:53:12.280 --> 01:53:19.280]  We're finding challenges to subject matter jurisdiction and the judges simply don't understand it.
[01:53:19.280 --> 01:53:23.280]  They're saying, this is ludicrous. Of course I have jurisdiction.
[01:53:23.280 --> 01:53:33.280]  And we're saying, no, no, no, we're not challenging the general jurisdiction of the court itself.
[01:53:33.280 --> 01:53:43.280]  We're challenging the capacity of the complainant to invoke your jurisdiction.
[01:53:43.280 --> 01:53:59.280]  So we're saying this officer who came to the court and made an accusation of violation of the transportation code does not have the power to file an allegation of a violation.
[01:53:59.280 --> 01:54:07.280]  Have you looked at that part? What kind of certification does an officer have to have?
[01:54:07.280 --> 01:54:10.280]  Okay, here's what happened in Texas.
[01:54:10.280 --> 01:54:18.280]  They set this up primarily for the Department of Public Safety to enforce the traffic code.
[01:54:18.280 --> 01:54:23.280]  The Department of Public Safety was created for that purpose.
[01:54:23.280 --> 01:54:32.280]  So your Department of Public Safety, since yours is called Department of Public Safety, good chance it was set up the same way.
[01:54:32.280 --> 01:54:38.280]  The DPS looks like state police, but they're really not.
[01:54:38.280 --> 01:54:41.280]  And this is something to look for.
[01:54:41.280 --> 01:54:48.280]  A Department of Public Safety officer in Texas is a police officer.
[01:54:48.280 --> 01:54:53.280]  A county sheriff's deputy is a peace officer.
[01:54:53.280 --> 01:54:57.280]  You understand the difference.
[01:54:57.280 --> 01:55:09.280]  For those who don't, in Texas law, a police officer is someone authorized to enforce the traffic code.
[01:55:09.280 --> 01:55:20.280]  Now, that person can be a certified peace officer, and all Department of Public Safety officers are certified peace officers.
[01:55:20.280 --> 01:55:25.280]  But they are not employed in the capacity of a peace officer.
[01:55:25.280 --> 01:55:29.280]  They're employed in the capacity of a police officer.
[01:55:29.280 --> 01:55:41.280]  Now, a peace officer can enforce the traffic code if he meets certain requirements, then he can enforce both.
[01:55:41.280 --> 01:55:55.280]  In our law, it says the Department of Public Safety shall not enforce the criminal laws except at the request of and under the direction of local law enforcement.
[01:55:55.280 --> 01:56:03.280]  They're strictly forbidden. They do it anyway, but the statute forbids them to.
[01:56:03.280 --> 01:56:08.280]  So they're police officers. Regular cops are peace officers.
[01:56:08.280 --> 01:56:13.280]  Good chance in South Carolina you have a similar distinction.
[01:56:13.280 --> 01:56:31.280]  Look for that. What they're thinking is the DOT cop, the DOT guy who goes out and inspects these big trucks and checks their weight and checks that they meet all the requirements.
[01:56:31.280 --> 01:56:34.280]  That's who they're really thinking about.
[01:56:34.280 --> 01:56:45.280]  And they're saying that their sheriff can appoint five guys to do this, and they have to go to the Department of Public Safety and get certified.
[01:56:45.280 --> 01:56:49.280]  So they teach you how to check out all these trucks.
[01:56:49.280 --> 01:56:56.280]  Well, now they're taking the same enforcement and applying it to people that are not in commerce.
[01:56:56.280 --> 01:57:04.280]  So they set it up for one thing and they're using it for something else. I bet South Carolina did the same thing.
[01:57:04.280 --> 01:57:06.280]  All of them are doing it.
[01:57:06.280 --> 01:57:12.280]  Yes. So the place to take them on is never on the merits.
[01:57:12.280 --> 01:57:16.280]  The place to take them on is on the jurisdiction.
[01:57:16.280 --> 01:57:18.280]  Always, always.
[01:57:18.280 --> 01:57:29.280]  The good thing about subject matter jurisdiction, the only time you can sue a judge is when he lacks subject matter jurisdiction.
[01:57:29.280 --> 01:57:48.280]  Judge McBride here in Fort Worth, this federal judge who's such a stinker and everybody hates, isn't afraid of. I'm about to sue him because he dismissed my case on a Rule 12 when there was a challenge to subject matter jurisdiction, he didn't answer.
[01:57:48.280 --> 01:57:50.280]  Gotcha.
[01:57:50.280 --> 01:57:55.280]  No subject matter jurisdiction, no immunity from suit.
[01:57:55.280 --> 01:57:59.280]  So you always want to subject matter jurisdiction to this.
[01:57:59.280 --> 01:58:05.280]  And I think I've kind of taken this over and haven't really let you ask the questions that you wanted to ask.
[01:58:05.280 --> 01:58:10.280]  That's why I got a co-host. She needs to kick me in the pants and tell me to shut up.
[01:58:10.280 --> 01:58:20.280]  Okay. If we come back on the other side, Alan, I'm going to shut my mouth out and let you ask your questions and make your comments.
[01:58:20.280 --> 01:58:30.280]  This is Randy Kelton, VETPAC radio. I call it number 512-646-1984.
[01:58:30.280 --> 01:58:42.280]  And we're going to the top of the hour. So now's a good time to go check out our sponsors and help us support this radio station. We all kind of pay for it out of our own pockets.
[01:58:42.280 --> 01:58:45.280]  Our pockets are getting kind of shallow.
[01:58:45.280 --> 01:58:49.280]  Okay, hang on. We'll be right back.
[01:58:49.280 --> 01:58:50.280]  What's up?
[01:59:19.280 --> 01:59:21.280]  We're going to the top of the hour.
[01:59:49.280 --> 02:00:00.280]  You are listening to the Logos Radio Network, logosradionetwork.com.