ROL_2016-09-02_16k_Hr3-4.timecode

[00:00.000 --> 00:07.720]  The following news flash is brought to you by the Lone Star Lowdown, providing the daily
[00:07.720 --> 00:15.400]  bulletins for the commodities market, today in history, news updates, and the inside scoop
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[00:23.160 --> 00:29.800]  Markets for Wednesday, August 31st, 2016, are currently treading with gold at $1,308.64
[00:29.800 --> 00:37.080]  an ounce, silver $18.64 an ounce, Texas crude $46.35 a barrel, and Bitcoin is currently
[00:37.080 --> 00:46.280]  sitting at about $572 U.S. currency.
[00:46.280 --> 00:52.000]  Today in history, the year 1939, Nazi Germany conducts a staged attack on the Gluwitz radio
[00:52.000 --> 00:57.080]  station inciting popular opinion into attacking Poland, who they blamed for the incident.
[00:57.080 --> 01:05.560]  This false flag led to World War II in Europe the following day, today in history.
[01:05.560 --> 01:10.560]  In recent news, Jesse Morton, also known as Yanis Abdullah Mohammed, who worked as a U.S.-based
[01:10.560 --> 01:15.320]  recruiter for Al Qaeda, was recently hired by George Washington University in Washington,
[01:15.320 --> 01:16.320]  D.C.
[01:16.320 --> 01:20.760]  Mr. Morton has reformed his radical ways and could offer great insight into radicalization,
[01:20.760 --> 01:22.320]  says Washington University.
[01:22.320 --> 01:26.380]  He helped create Revolution Muslim, a New York-based organization that advocated the
[01:26.380 --> 01:30.920]  establishment of a traditionalist Islamic state and the downfall of Western imperialism.
[01:30.920 --> 01:35.680]  In 2011, Morton was jailed as a result of threats against the creators of South Park
[01:35.680 --> 01:40.040]  after the cartoon depicted the Prophet Mohammed in a bear costume, and apparently while in
[01:40.040 --> 01:44.880]  prison he had a change of heart inspired in part by texts written by European Enlightenment
[01:44.880 --> 01:45.880]  philosophers.
[01:45.880 --> 01:50.040]  His sentence was then reduced from 11 years to less than four and became an informant
[01:50.040 --> 01:51.240]  for the FBI.
[01:51.240 --> 01:55.680]  After being freed in 2015, he got a job as a research fellow at the Center for Cyber and
[01:55.680 --> 02:03.680]  Homeland Security at Washington University.
[02:03.680 --> 02:07.840]  And State Department attorneys stated yesterday that they uncovered 30 Benghazi-related emails
[02:07.840 --> 02:10.960]  among the records retrieved from Hillary Clinton's private server.
[02:10.960 --> 02:16.040]  The emails were among the roughly 15,000 emails FBI agents said they got through her server
[02:16.040 --> 02:18.680]  in the course of the year-long investigation surrounding it.
[02:18.680 --> 02:22.720]  However, many of the emails were deleted beyond retrieval after the Democratic nominee's
[02:22.720 --> 02:27.360]  team used a digital tool called BleachBit to scrub all the hardware that was eventually
[02:27.360 --> 02:29.880]  confiscated by law enforcement agents.
[02:29.880 --> 02:34.400]  These findings came about via a lawsuit, one of several, filed by Judicial Watch in pursuit
[02:34.400 --> 02:38.520]  of records related to Clinton's tenure as Secretary of the State Department.
[02:38.520 --> 02:45.920]  The D Lone Star Lowdown is currently looking for sponsors, if you have a product or a service
[02:45.920 --> 02:53.040]  you'd like to advertise with us, feel free to give me a call at 210-363-2257.
[02:53.040 --> 03:18.040]  This has been Rick Roady with your Bowdown for August 31, 2016.
[03:18.040 --> 03:24.440]  We are back, Randy Kelton with our radio and we're talking to Colleen in New York.
[03:24.440 --> 03:32.120]  And yeah, when we have a number of actors, this is a probate issue where the parents
[03:32.120 --> 03:34.760]  died and then you have the heirs.
[03:34.760 --> 03:42.680]  And Colleen, when I read your email I was really pleased because it sounds like everybody
[03:42.680 --> 03:49.240]  in the family is working together and there's no real infighting.
[03:49.240 --> 03:52.480]  That's nice to see.
[03:52.480 --> 03:59.700]  Because I come across so many instances where something like this just sets kids at one
[03:59.700 --> 04:02.960]  another's throats over inheritance.
[04:02.960 --> 04:10.960]  I told my brothers and sisters that my mother's 93 when she passes.
[04:10.960 --> 04:16.800]  The only thing that I want is the flag that came off my brother's grave.
[04:16.800 --> 04:19.440]  You guys can have everything else.
[04:19.440 --> 04:27.680]  There is absolutely no chance I will have any hard feelings over anything that she had.
[04:27.680 --> 04:32.920]  It would break her heart if her kids got at odds with each other over that.
[04:32.920 --> 04:36.720]  And I was real pleased with your email in that regard.
[04:36.720 --> 04:41.520]  Thank you.
[04:41.520 --> 04:44.200]  It sounds like a really mature family.
[04:44.200 --> 04:47.720]  Well, we are not perfect, believe me.
[04:47.720 --> 04:53.760]  It's just, well, the main goal, you know, well, is to keep our parents on hard earned
[04:53.760 --> 04:57.360]  asset which is on our home.
[04:57.360 --> 05:04.160]  And it's very difficult with what we're dealing with in terms of the lenders.
[05:04.160 --> 05:13.960]  And as far as not wanting to reach an agreement about the property, it's just a lot of, it's
[05:13.960 --> 05:15.440]  a very complicated case.
[05:15.440 --> 05:21.760]  Like I said, my mother had a lawsuit against them and her case was dropped, was dismissed,
[05:21.760 --> 05:22.760]  unfortunately.
[05:22.760 --> 05:29.720]  Okay, all I need to see is the suit that she filed.
[05:29.720 --> 05:34.320]  And it's probably not going to be important because it was dropped.
[05:34.320 --> 05:38.440]  Since it was dropped, there's no res judicata.
[05:38.440 --> 05:40.960]  There's no adjudications.
[05:40.960 --> 05:46.080]  The one thing I need to make sure of is if there were any motions where the judge made
[05:46.080 --> 05:48.880]  specific rulings.
[05:48.880 --> 05:55.320]  Once those rulings have been made that determine the rights of the parties, then even if the
[05:55.320 --> 06:02.960]  case is dropped, those rulings are still valid and they would go to collateral estoppel.
[06:02.960 --> 06:05.880]  But I doubt that I'm going to see any of that.
[06:05.880 --> 06:08.000]  No, probably not.
[06:08.000 --> 06:16.800]  I was hoping that by the email you would understand that there are a lot of things you can do.
[06:16.800 --> 06:20.440]  Wow, I had no idea.
[06:20.440 --> 06:21.440]  It was well written.
[06:21.440 --> 06:22.440]  I really appreciate it.
[06:22.440 --> 06:27.000]  You laid out everything in detail, you laid out everything perfectly of what I, you know.
[06:27.000 --> 06:32.160]  Actually, I wasn't speaking to your case at all.
[06:32.160 --> 06:37.680]  I was speaking to all of them.
[06:37.680 --> 06:42.320]  This is what I constantly find, the same issues.
[06:42.320 --> 06:54.120]  And it's based on some strategies these lenders engage themselves in that led to bad outcomes.
[06:54.120 --> 06:58.160]  And I practice helping people be the bad outcome.
[06:58.160 --> 07:07.120]  I would like to know how I could do that with this current servicer who's trying to take
[07:07.120 --> 07:09.120]  my parents home.
[07:09.120 --> 07:10.120]  Okay.
[07:10.120 --> 07:14.880]  You know, we have people out there who are promoting solutions.
[07:14.880 --> 07:19.160]  Oh, we can help you do this, we can help you do that.
[07:19.160 --> 07:26.720]  Well, I am reluctant because I've been researching this a long time and there are so many options,
[07:26.720 --> 07:30.480]  there's so many things we can do.
[07:30.480 --> 07:37.040]  To go out there and say, I can do this for you, that would be irresponsible.
[07:37.040 --> 07:43.080]  I'm not going to say, I'm going to tell you there's a whole bunch of stuff I can do.
[07:43.080 --> 07:52.200]  But what I want to do is look at your whole case so that I know I can pretty well determine
[07:52.200 --> 07:57.200]  what we should do first and then second and third.
[07:57.200 --> 08:06.320]  I have a friend that's been in court for six years where his petition is waiting for the
[08:06.320 --> 08:11.440]  Supreme Court to accept it or deny it.
[08:11.440 --> 08:17.560]  If the California Supreme doesn't pick his case up, there's a good chance they will.
[08:17.560 --> 08:24.040]  But if it doesn't, then this case is over.
[08:24.040 --> 08:32.280]  But then, this was my garbage suit, this was a suit that said, who the heck are you guys?
[08:32.280 --> 08:34.400]  I don't know who you guys are.
[08:34.400 --> 08:40.040]  I never entered into contract with you, never entered into contract with your alleged principal.
[08:40.040 --> 08:43.120]  Prove up your position.
[08:43.120 --> 08:44.120]  Six years.
[08:44.120 --> 08:50.240]  That's so hard to believe that they would let that drag on like that.
[08:50.240 --> 08:55.640]  Well, you see, he's been living in the house, not paying anything.
[08:55.640 --> 08:56.640]  Right.
[08:56.640 --> 08:58.800]  Six years.
[08:58.800 --> 09:04.320]  And they accelerated the note so everything stops back then.
[09:04.320 --> 09:07.960]  They're going to want interest for all this time, we're going to say, you don't get it.
[09:07.960 --> 09:10.840]  You hadn't proved up anything.
[09:10.840 --> 09:14.880]  So that's just the first thing we do.
[09:14.880 --> 09:23.480]  Once I've looked at all the records, I'm relatively certain what I will find.
[09:23.480 --> 09:33.040]  I'll find a lender who wrote the original note, went out of business and didn't assign
[09:33.040 --> 09:37.800]  the property to someone, didn't assign the mortgage to someone else before they went
[09:37.800 --> 09:38.800]  out of business.
[09:38.800 --> 09:41.480]  This is what I usually find.
[09:41.480 --> 09:46.080]  And that's what Judge Shreck in New York called vampire lenders.
[09:46.080 --> 09:53.520]  Because then years later, when the mortgage gets in default, then Merz comes along and
[09:53.520 --> 09:56.040]  acts as an agent for that dead guy.
[09:56.040 --> 09:57.040]  Right.
[09:57.040 --> 09:58.520]  That's what they did.
[09:58.520 --> 10:03.880]  Now that dead guy, he had a claim against your property.
[10:03.880 --> 10:11.200]  And if he had been a guy and he died, his claim would have went into probate and went
[10:11.200 --> 10:12.200]  to his heirs.
[10:12.200 --> 10:16.960]  But this guy wasn't a guy, he was a person.
[10:16.960 --> 10:24.240]  Under law, a corporation or a legal fiction, a business is a person for the purpose of
[10:24.240 --> 10:26.400]  certain rights.
[10:26.400 --> 10:31.920]  And that person had certain rights, but that person doesn't get to go to probate.
[10:31.920 --> 10:38.560]  If that person has certain rights, and he's fiction to shut down his business, he needs
[10:38.560 --> 10:45.960]  to transfer his assets to somebody else if the assets are in the form of a claim.
[10:45.960 --> 10:53.120]  Because if he dies, he's abandoned it, he didn't transfer it to anybody else.
[10:53.120 --> 11:01.920]  So along comes Merz years later and claims that, oh, this guy directed me to dispose
[11:01.920 --> 11:03.520]  of his asset.
[11:03.520 --> 11:05.920]  Oh, yeah.
[11:05.920 --> 11:08.840]  And how did he get that done?
[11:08.840 --> 11:12.000]  We don't exist anymore.
[11:12.000 --> 11:20.080]  That's generally the first complaint, the first action we take is, who are you?
[11:20.080 --> 11:25.040]  How do you have standing to even talk to me?
[11:25.040 --> 11:31.680]  And oh, I'm the holder of the note, oh, you are.
[11:31.680 --> 11:35.960]  Never make proactive statement of law out of your own mouth.
[11:35.960 --> 11:44.720]  Don't tell me you're the holder, prove to me by the public record that you are the holder,
[11:44.720 --> 11:46.440]  otherwise get lost.
[11:46.440 --> 11:52.480]  And Rick has been on this issue for six years.
[11:52.480 --> 11:59.600]  So you take the property and lease it out and take your time, guys.
[11:59.600 --> 12:04.600]  We're making money here.
[12:04.600 --> 12:12.320]  And when they get done with that one, then when the court says, oh, yeah, this is the
[12:12.320 --> 12:21.080]  bona fide holder in due course, oh, okay, so you're the guy I've been looking for.
[12:21.080 --> 12:26.280]  You're the chump that charged all those fraudulent fees on the HUD one settlement statement.
[12:26.280 --> 12:29.400]  I've been looking for you.
[12:29.400 --> 12:32.640]  Now you land right on top of them.
[12:32.640 --> 12:35.320]  Now you go after them for fraud and theft.
[12:35.320 --> 12:41.080]  So the court will focus on, I thought they would just focus on what hasn't been paid,
[12:41.080 --> 12:45.920]  which is the default, the reason why the mortgage is in default because it hasn't been paid
[12:45.920 --> 12:46.920]  for several years.
[12:46.920 --> 12:52.880]  The court will focus on what we tell them to focus on.
[12:52.880 --> 12:54.880]  Oh, okay.
[12:54.880 --> 12:59.560]  They have to focus on our claims.
[12:59.560 --> 13:06.760]  The other side files a petition to foreclose and we file a countersuit against them accusing
[13:06.760 --> 13:07.760]  them of fraud.
[13:07.760 --> 13:12.880]  Well, first we filed a challenge to their subject matter jurisdiction.
[13:12.880 --> 13:18.480]  We claim that this party lacks standing to invoke the subject matter jurisdiction, the
[13:18.480 --> 13:19.480]  court.
[13:19.480 --> 13:20.480]  That's all right.
[13:20.480 --> 13:22.480]  Who the heck are you guys?
[13:22.480 --> 13:27.020]  And then when they can't, if the court rules in their favor, which most of the time they
[13:27.020 --> 13:34.620]  eventually will, then we say, oh, okay, you're the ones I've been looking for.
[13:34.620 --> 13:42.120]  Now you land on them, your first suit didn't ask for anything in return and they win that
[13:42.120 --> 13:43.120]  one.
[13:43.120 --> 13:44.120]  They think they've won something.
[13:44.120 --> 13:48.320]  When they win that one, then you come back and land on them with both feet.
[13:48.320 --> 13:49.320]  With what?
[13:49.320 --> 13:50.320]  I'm sorry?
[13:50.320 --> 13:58.720]  I said, if they win the first suit, then you come back and you land on them big time.
[13:58.720 --> 13:59.720]  You sue them.
[13:59.720 --> 14:05.880]  I can get you a claim of two to three times the original principle in a fraud claim against
[14:05.880 --> 14:06.880]  the lender.
[14:06.880 --> 14:10.080]  Say, okay, now let's dance.
[14:10.080 --> 14:11.080]  Okay.
[14:11.080 --> 14:15.160]  So this thing of securitization, we've got a lot of guys out there that want to go to
[14:15.160 --> 14:16.160]  securitization.
[14:16.160 --> 14:25.200]  I don't really care about securitization unless I don't have anything else.
[14:25.200 --> 14:30.920]  If Wells Fargo was the lender, there never was an assignment and Wells Fargo is doing
[14:30.920 --> 14:34.160]  the foreclosure, I don't have much to work with.
[14:34.160 --> 14:39.700]  Then I go for securitization, but only then.
[14:39.700 --> 14:45.440]  Before that, if I can find that Wells Fargo securitized this note, then I'm going to go
[14:45.440 --> 14:49.080]  after them for a contract violation.
[14:49.080 --> 14:55.680]  I don't really want to go to securitization because it is such a complex and hard issue
[14:55.680 --> 14:57.800]  to prove.
[14:57.800 --> 15:02.480]  You got to get the judge to understand what you're talking about.
[15:02.480 --> 15:07.320]  It's not that he's dumb or anything, he is busy.
[15:07.320 --> 15:12.800]  You go and hear the motion, he's got 40 motions to go through today.
[15:12.800 --> 15:20.560]  You give him something that he's got to research and study and denied, that maybe may not be
[15:20.560 --> 15:25.440]  right, but the judge is, he's got time constraints.
[15:25.440 --> 15:30.600]  So we want to go to the court with the simplest thing we can.
[15:30.600 --> 15:38.040]  We can say, the Recreate Settlement Procedures Act required that the lender, when they negotiate
[15:38.040 --> 15:43.360]  the beneficial interest in the note to another party, they're required within 30 days to
[15:43.360 --> 15:45.640]  give us notice.
[15:45.640 --> 15:53.720]  And under Covenant 16 of the contract, both parties agreed to abide by all standing law.
[15:53.720 --> 15:57.000]  They violated a law relating to the contract.
[15:57.000 --> 15:58.600]  So they repudiated the contract.
[15:58.600 --> 16:04.160]  They can't come in now and enforce it after they violated it.
[16:04.160 --> 16:06.600]  That's not hard for the judge to wrap his head around.
[16:06.600 --> 16:12.520]  Okay, so even if they've had the mortgage for let's say three years, it was transferred
[16:12.520 --> 16:18.920]  to them and they've had it for three years, does that give them the right to enforce collateral?
[16:18.920 --> 16:25.800]  If they never had standing, if they don't have subject matter jurisdiction, if they
[16:25.800 --> 16:30.440]  never got it properly, it never accrues.
[16:30.440 --> 16:33.860]  And it has to be in the public record.
[16:33.860 --> 16:37.720]  They can only prove it up by the public record, and I'll address that when we come back.
[16:37.720 --> 17:00.440]  This is Randy Kelton, New Law Radio, our call-in number 512-646-1984, and we'll be right back.
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[19:05.400 --> 19:18.400]  Well, don't let nothing get to you, only the Father can deliver you, but only bad-mind
[19:18.400 --> 19:24.400]  people hurt you until they say don't get behind us.
[19:24.400 --> 19:26.400]  Norman, my friend.
[19:26.400 --> 19:28.400]  Okay, we are back.
[19:28.400 --> 19:31.520]  Ready to help you with our radio.
[19:31.520 --> 19:39.160]  And again, my whole point here, Coon, is there's a whole lot you can do, and you're not even
[19:39.160 --> 19:41.000]  in foreclosure yet.
[19:41.000 --> 19:44.400]  So they're just getting ready.
[19:44.400 --> 19:50.320]  So you have a lot of time.
[19:50.320 --> 20:00.560]  The one thing to be most aware of is they generally prey on people because people are
[20:00.560 --> 20:05.880]  living in the property, and they're afraid every day they're going to get evicted.
[20:05.880 --> 20:13.560]  With you, you don't have that problem, so they don't have that leverage.
[20:13.560 --> 20:22.920]  Before you start, I would want to know what for you would be an equitable outcome.
[20:22.920 --> 20:27.320]  And since there are a number of parties, you get them all to sit down and agree what would
[20:27.320 --> 20:30.760]  be a win for you.
[20:30.760 --> 20:39.000]  Once I know where you're trying to go, then I can look at what factors are available,
[20:39.000 --> 20:46.720]  and we will look at a way to bring the bank to the table, the lender to the table, and
[20:46.720 --> 20:48.200]  we play let's make a deal.
[20:48.200 --> 20:54.040]  Because if we're going to talk, look guys, we're going to keep you in court until you
[20:54.040 --> 20:56.240]  get old.
[20:56.240 --> 20:59.640]  The first time you write a pleading we don't like, we're going to bargain with you and
[20:59.640 --> 21:05.040]  double your lawyer's malpractice insurance, and he's likely to quit immediately.
[21:05.040 --> 21:14.080]  Then you're going to have to hire a new lawyer, and that lawyer is going to charge you double.
[21:14.080 --> 21:19.900]  We're going to cost you more than the property is worth, because we know how to be the pro
[21:19.900 --> 21:21.400]  se from hell.
[21:21.400 --> 21:29.240]  We'll file judicial conduct complaints against that judge until he screams bloody murder.
[21:29.240 --> 21:35.680]  He can't do anything to us, he can't even mention it to us, but he can certainly grab
[21:35.680 --> 21:44.640]  your lawyers by their bar cards and force them to make a deal.
[21:44.640 --> 21:52.960]  We determine where you want to wind up, and once we have that, then I look at what tools
[21:52.960 --> 22:00.240]  you have to get you where you want to wind up, and then I can plot out a course to get
[22:00.240 --> 22:01.240]  you there.
[22:01.240 --> 22:08.160]  Okay, so when you say just determine where I would want to wind up, you mean in terms
[22:08.160 --> 22:12.200]  of monetary status, or you mean in just in terms of-
[22:12.200 --> 22:14.480]  Just whatever you want.
[22:14.480 --> 22:16.760]  You want to keep the property, you want to-
[22:16.760 --> 22:17.760]  Yes, definitely.
[22:17.760 --> 22:30.000]  Okay, then essentially, you don't want a modification, and I read what you said about your lawyer,
[22:30.000 --> 22:32.760]  and I absolutely agree with your lawyer.
[22:32.760 --> 22:37.280]  Yes, I thought that was the only way to keep it, but she thought it wasn't-
[22:37.280 --> 22:41.360]  Well, the lawyer said, they're not telling you everything.
[22:41.360 --> 22:43.080]  They weren't, no, they didn't.
[22:43.080 --> 22:47.000]  And they're saying, we're not going to give you all of the contract until you sign it,
[22:47.000 --> 22:48.000]  so that's nuts.
[22:48.000 --> 22:53.320]  Yes, they wanted us to sign for the assumption modification before they release all the guidelines,
[22:53.320 --> 22:58.760]  and I thought it was fair because that was the only way that we could keep it, I thought,
[22:58.760 --> 22:59.760]  but everyone disagreed.
[22:59.760 --> 23:05.040]  The executive disagreed, and my siblings disagreed as well, they didn't want to sign it, and
[23:05.040 --> 23:06.040]  I thought it was fair.
[23:06.040 --> 23:07.040]  Good for them.
[23:07.040 --> 23:08.040]  Good for them.
[23:08.040 --> 23:09.040]  And that's encouraging.
[23:09.040 --> 23:15.120]  So, there's another way to do this, you mentioned that you tried to get a short sale.
[23:15.120 --> 23:20.120]  Yes, we tried to, but they told us it was a none-ons length because we're related to
[23:20.120 --> 23:25.720]  the owners of the property, which is my parents and my uncle, who's the executive, so they
[23:25.720 --> 23:27.840]  told us we can't do that.
[23:27.840 --> 23:33.120]  That was horse manure.
[23:33.120 --> 23:39.240]  To put it mildly, that was horse manure, but you don't want a short sale either.
[23:39.240 --> 23:52.000]  What you want is a settlement, a settlement has no credit ramifications, and whatever
[23:52.000 --> 24:02.360]  you settle for, like if you accrue something in the settlement, then that's based on damage,
[24:02.360 --> 24:03.360]  it's not taxable.
[24:03.360 --> 24:06.360]  It has all kinds of advantages.
[24:06.360 --> 24:08.720]  I didn't know that.
[24:08.720 --> 24:12.800]  I thought if we owned it, because I'm not the owner, my parents were, so I thought we
[24:12.800 --> 24:17.360]  couldn't go over it so far, because we're not.
[24:17.360 --> 24:26.840]  No, no, no, you essentially inherit all of her claims.
[24:26.840 --> 24:33.720]  When I help people in Texas, tramparty is legal in Texas.
[24:33.720 --> 24:36.760]  You can sell your claim.
[24:36.760 --> 24:42.840]  So if people want me to help them in Texas, I just have them write me a quick claim deed.
[24:42.840 --> 24:48.040]  Now any claim they have against the property, I can adjudicate.
[24:48.040 --> 24:55.280]  It's not legal in New York, but you accrue all of her claims, because the claim she has
[24:55.280 --> 25:02.800]  against the lender is an asset that she has, and you inherit that asset.
[25:02.800 --> 25:04.840]  You can do anything she could.
[25:04.840 --> 25:13.000]  Wow, because I'm not on the, like I'm actually not on the property to my parents, so I just
[25:13.000 --> 25:16.520]  assume that I'm a squatter, they wouldn't take, you know.
[25:16.520 --> 25:18.320]  No, you're the heir.
[25:18.320 --> 25:21.920]  It's yours now, yours and the rest of theirs.
[25:21.920 --> 25:23.960]  Oh, wow.
[25:23.960 --> 25:26.440]  You could do anything the parent could do.
[25:26.440 --> 25:27.440]  Wow.
[25:27.440 --> 25:36.960]  So my other question, I don't know if it's appropriate, but it was, like I said, my mom
[25:36.960 --> 25:42.080]  filed bankruptcy, but she had passed before she could sign to authorize it.
[25:42.080 --> 25:45.360]  So I don't even know if that, I think that debt, of course, is still there.
[25:45.360 --> 25:48.840]  Like it's inherited to us as far as owing it.
[25:48.840 --> 25:53.400]  No, only, no, no, no, you don't inherit her debts.
[25:53.400 --> 25:59.280]  Like she has a credit card or something, you don't inherit any of that.
[25:59.280 --> 26:01.960]  You inherit her assets.
[26:01.960 --> 26:09.840]  Now, what the other, what they may do is file a claim against the assets, but we got ways
[26:09.840 --> 26:13.120]  of handling those guys.
[26:13.120 --> 26:15.840]  Debt collectors are trumps.
[26:15.840 --> 26:18.820]  They do everything wrong.
[26:18.820 --> 26:24.640]  They know they do everything wrong and they don't care because they make a whole lot of
[26:24.640 --> 26:26.800]  money doing everything wrong.
[26:26.800 --> 26:27.800]  Okay.
[26:27.800 --> 26:34.200]  Every once in a while, the pro se from hell comes along and stings them good.
[26:34.200 --> 26:37.880]  So, well, cost of doing business.
[26:37.880 --> 26:43.120]  We made $200 million doing it wrong and we had to pay out 50 grand.
[26:43.120 --> 26:44.120]  No problem.
[26:44.120 --> 26:48.080]  That's kind of how it works.
[26:48.080 --> 26:52.200]  So we try to help people be their cost of doing business.
[26:52.200 --> 27:00.600]  So if they have debts that are trying to be, you're like credit cards are unsecured.
[27:00.600 --> 27:03.600]  So those just go away.
[27:03.600 --> 27:08.440]  The only thing that doesn't go away are secured debts to properties here.
[27:08.440 --> 27:12.520]  So, but we got ways of beating him up big time.
[27:12.520 --> 27:13.520]  Right.
[27:13.520 --> 27:19.400]  So even if it was filed, like he filed the claim bankruptcy to keep the property.
[27:19.400 --> 27:27.120]  So even if it was in that realm, like will it still be looked at as invalid or it won't
[27:27.120 --> 27:28.120]  be?
[27:28.120 --> 27:29.120]  Yeah.
[27:29.120 --> 27:30.120]  The bankruptcy is gone.
[27:30.120 --> 27:34.160]  Only you don't inherit her bankruptcy.
[27:34.160 --> 27:39.280]  So once she passed, the bankruptcy essentially became null.
[27:39.280 --> 27:41.280]  Oh, okay.
[27:41.280 --> 27:48.640]  Okay, I just really, when I show my uncle who's the executor, he just sees it as, you
[27:48.640 --> 27:55.280]  know, she still owes it no matter what and your parents still owe this mortgage and...
[27:55.280 --> 27:56.960]  Let me talk to the executor.
[27:56.960 --> 28:02.440]  I'll get his mind changed.
[28:02.440 --> 28:05.280]  These guys are lying thieves.
[28:05.280 --> 28:06.960]  Yes, they are.
[28:06.960 --> 28:15.600]  They put together this scam and it's the biggest Ponzi scheme in the history of the world.
[28:15.600 --> 28:17.320]  Wow.
[28:17.320 --> 28:19.880]  You don't owe them anything.
[28:19.880 --> 28:27.280]  You owe it to your neighbors to kick these guys' butts every way from Sunday.
[28:27.280 --> 28:34.080]  And I'll explain to him why they want to foreclose, why it's profitable for them to take your
[28:34.080 --> 28:35.640]  property away from you.
[28:35.640 --> 28:37.600]  And they planned it that way.
[28:37.600 --> 28:40.400]  Is that because we haven't made payments in five years?
[28:40.400 --> 28:46.320]  Like I'm assuming that's the main reason and the judge won't hear otherwise because we
[28:46.320 --> 28:47.800]  haven't made payments.
[28:47.800 --> 28:48.800]  No.
[28:48.800 --> 28:54.880]  The judge hears the issues brought before him.
[28:54.880 --> 28:58.760]  First issue brought, do you bring before the judge, who are these guys?
[28:58.760 --> 29:03.720]  I'm not saying there's not a debt here and I'm not saying they don't owe a debt, just
[29:03.720 --> 29:07.120]  not to these chumps.
[29:07.120 --> 29:08.120]  I pay these guys.
[29:08.120 --> 29:12.440]  I'm going to have somebody next week come and try to collect again.
[29:12.440 --> 29:15.920]  And if I paid the wrong people, I'm going to have to pay again.
[29:15.920 --> 29:16.920]  Right.
[29:16.920 --> 29:18.480]  That's what happened to my parents.
[29:18.480 --> 29:21.120]  They were paying all these different lenders.
[29:21.120 --> 29:25.480]  They thought it was IndyMac and they were paying one West Bank and they were paying
[29:25.480 --> 29:26.480]  another.
[29:26.480 --> 29:29.720]  Now it's Aquan that has the notes, so to say.
[29:29.720 --> 29:30.720]  This is how we will.
[29:30.720 --> 29:31.720]  These are the issues.
[29:31.720 --> 29:35.600]  We've got lots of issues.
[29:35.600 --> 29:36.600]  The judge has to hear it.
[29:36.600 --> 29:37.600]  Hang on.
[29:37.600 --> 29:38.600]  About to go to break.
[29:38.600 --> 29:45.480]  Randy Kelton, the rule of our radio, our call-in number, 512-646-1984.
[29:45.480 --> 29:46.480]  Give us a call.
[29:46.480 --> 29:51.840]  We've got one empty slot on the board and we've got an hour and a half, so we'll get
[29:51.840 --> 29:52.840]  to everybody.
[29:52.840 --> 29:56.840]  We'll be right back.
[29:56.840 --> 30:02.040]  Be careful what you tweet.
[30:02.040 --> 30:03.960]  Just ask Jonathan Hoster.
[30:03.960 --> 30:08.200]  His complaint about a local grocery store sparked a national social media firestorm
[30:08.200 --> 30:09.440]  and nearly cost his job.
[30:09.440 --> 30:10.440]  I'm Dr. Catherine Albrecht.
[30:10.440 --> 30:15.480]  I'll be back in a moment with more on the cautionary tale of tweets gone wrong.
[30:15.480 --> 30:20.800]  Your search engine is watching you, recording all your searches and creating a massive database
[30:20.800 --> 30:22.560]  of your personal information.
[30:22.560 --> 30:23.560]  That's creepy.
[30:23.560 --> 30:25.880]  But it doesn't have to be that way.
[30:25.880 --> 30:29.000]  Startpage.com is the world's most private search engine.
[30:29.000 --> 30:33.120]  Startpage doesn't store your IP address, make a record of your searches or use tracking
[30:33.120 --> 30:35.400]  cookies and they're third-party certified.
[30:35.400 --> 30:39.880]  If you don't like big brother spying on you, start over with Startpage.
[30:39.880 --> 30:42.760]  Great search results and total privacy.
[30:42.760 --> 30:45.720]  Startpage.com, the world's most private search engine.
[30:45.720 --> 30:50.160]  When Jonathan Hoster found the local Price Chopper supermarket under-stocked, he vented
[30:50.160 --> 30:52.920]  his frustrations on Twitter, the social media website.
[30:52.920 --> 30:58.360]  But when Price Chopper PR employee Amira Setawayu read the tweet, she demanded that Hoster's
[30:58.360 --> 31:03.400]  employer Syracuse University discipline him for daring to criticize her store.
[31:03.400 --> 31:04.680]  From there it was all downhill.
[31:04.680 --> 31:09.920]  A social media professor launched blog entries criticizing the store's bizarre response.
[31:09.920 --> 31:13.760]  Bloggers debated whether head should roll and protests were planned at Price Chopper's
[31:13.760 --> 31:14.760]  stores.
[31:14.760 --> 31:18.200]  Price Chopper finally apologized and the disaster died down, but the outcome could have been
[31:18.200 --> 31:19.560]  quite different.
[31:19.560 --> 31:23.320]  Hoster could have lost his job and I'm wondering how Setawayu kept hers.
[31:23.320 --> 31:27.720]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
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[31:59.800 --> 32:04.640]  Rule of Law Radio is proud to offer the Rule of Law Traffic Center.
[32:04.640 --> 32:08.480]  In today's America, we live in an us-against-them society and if we the people are ever going
[32:08.480 --> 32:12.440]  to have a free society, then we're going to have to stand and defend our own rights.
[32:12.440 --> 32:15.640]  Among those rights are the right to travel freely from place to place, the right to act
[32:15.640 --> 32:19.320]  in our own private capacity and most importantly, the right to due process of law.
[32:19.320 --> 32:23.520]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:23.520 --> 32:24.960]  our rights through due process.
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[32:28.880 --> 32:32.640]  most comprehensive teaching tool available that will help you understand what due process
[32:32.640 --> 32:35.040]  is and how to hold the courts to the rule of law.
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[32:39.040 --> 32:40.360]  ordering your copy today.
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[32:43.720 --> 32:48.120]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
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[33:17.760 --> 33:18.760]  We are back.
[33:18.760 --> 33:23.320]  Randy Kelton, Rule of Law Radio and we're talking to Colleen from New York.
[33:23.320 --> 33:29.440]  So Colleen, do you have any specific questions that I have not addressed?
[33:29.440 --> 33:31.480]  Yes, I do.
[33:31.480 --> 33:41.080]  So my question is, because currently we were just lifted from a stay from the bank.
[33:41.080 --> 33:47.920]  So my question is, when we start receiving notices, like a notice of acceleration, and
[33:47.920 --> 33:53.000]  just start the process, how would I move forward?
[33:53.000 --> 33:54.000]  Okay.
[33:54.000 --> 33:56.040]  Have you received a notice of acceleration?
[33:56.040 --> 33:57.040]  No.
[33:57.040 --> 33:58.040]  Okay.
[33:58.040 --> 34:00.960]  As soon as you get it, let me know.
[34:00.960 --> 34:01.960]  Okay.
[34:01.960 --> 34:08.040]  And send me your hard one settlement statement, no truth in the next statement.
[34:08.040 --> 34:14.760]  And I'll do a little creative accounting and I will send you back a qualified written
[34:14.760 --> 34:15.760]  request.
[34:15.760 --> 34:24.520]  Now what a qualified written request is, it's under 15 U.S. Code 1692, Faraday Collections
[34:24.520 --> 34:26.600]  Practices Act.
[34:26.600 --> 34:27.600]  I'm sorry.
[34:27.600 --> 34:28.600]  It's not under that.
[34:28.600 --> 34:32.560]  It's under Regal State Settlement Procedures Act.
[34:32.560 --> 34:40.880]  A qualified written request is a claim of an accounting error and a request that the
[34:40.880 --> 34:44.120]  servicer correct the error.
[34:44.120 --> 34:49.240]  Okay, here's the error.
[34:49.240 --> 34:55.640]  When you sit down at closing, I can't ask your mother because she's not there, but I
[34:55.640 --> 34:56.640]  know what her answer would be.
[34:56.640 --> 34:57.640]  Yes, this is unfortunate.
[34:57.640 --> 34:58.640]  I apologize.
[34:58.640 --> 34:59.640]  Okay.
[34:59.640 --> 35:04.680]  When you sit down at closing, they put this hard one settlement statement in front of
[35:04.680 --> 35:11.760]  you and it lists all of these fees they charge you at closing.
[35:11.760 --> 35:21.240]  So in the closing documentation, are there any invoices or any records to show that the
[35:21.240 --> 35:29.320]  fees which were charged were not otherwise forbidden to be charged by law, that the fees
[35:29.320 --> 35:38.800]  were for services actually rendered, that the amounts charged were reasonable, and that
[35:38.800 --> 35:45.600]  the services were necessary, and that the lender did not take an undisclosed markup
[35:45.600 --> 35:47.080]  on the amounts charged?
[35:47.080 --> 35:53.120]  Now, this is all right out of the Real Estate Settlement Procedures Act.
[35:53.120 --> 35:58.080]  And they never provide any documentation to validate the fees.
[35:58.080 --> 35:59.880]  They just put these fees on there.
[35:59.880 --> 36:02.480]  So as far as you know, they're all bogus.
[36:02.480 --> 36:03.960]  They just made them up.
[36:03.960 --> 36:11.720]  So they don't have a track of how the fees came about as far as I know.
[36:11.720 --> 36:12.720]  Nada.
[36:12.720 --> 36:13.720]  Nothing.
[36:13.720 --> 36:20.680]  Now, most of the fees are valid, but there are always two or three of them on there that
[36:20.680 --> 36:21.680]  are not.
[36:21.680 --> 36:28.480]  A document preparation fee, warehouse fee, there's two or three others that just stand
[36:28.480 --> 36:32.400]  out and they're always two or three, 400 bucks apiece.
[36:32.400 --> 36:36.200]  So we claim they're all bogus.
[36:36.200 --> 36:43.360]  And I take the full amount on line 1400 of the Hudwin Settlement Statement.
[36:43.360 --> 36:54.480]  Actually you have column C and column D. Column C is what the purchaser pays.
[36:54.480 --> 36:56.600]  Column D is what the seller pays.
[36:56.600 --> 36:58.320]  Well, we don't care.
[36:58.320 --> 37:00.640]  The purchaser pays everything.
[37:00.640 --> 37:03.120]  So we add both columns together.
[37:03.120 --> 37:04.120]  I get a number.
[37:04.120 --> 37:10.840]  Then I take a spreadsheet and I take that number and I drop it in the spreadsheet as
[37:10.840 --> 37:15.720]  an overpayment on the first payment.
[37:15.720 --> 37:21.400]  We maintain that this was an extra unwarranted charge.
[37:21.400 --> 37:29.560]  So we subtract it from the principal on the first payment and then we amortize the note.
[37:29.560 --> 37:36.120]  The first one I did, you heard the commercial just a moment ago, the last commercial was
[37:36.120 --> 37:37.120]  Steve Skidmore.
[37:37.120 --> 37:39.920]  Steve Skidmore was the first one I did it for.
[37:39.920 --> 37:40.920]  He was a co-host.
[37:40.920 --> 37:50.840]  He was a host on the radio network and he had a $116,000 note at 6%.
[37:50.840 --> 37:54.760]  He had $12,000 in closing cost.
[37:54.760 --> 38:01.320]  I deducted $12,000 from the principal on the first payment and ran out his note.
[38:01.320 --> 38:06.880]  His note went to zero, a payment to $240,000.
[38:06.880 --> 38:13.440]  Had he paid that note off, according to my calculations, he would have overpaid the note
[38:13.440 --> 38:16.920]  by $50,043 in change.
[38:16.920 --> 38:18.880]  Oh boy.
[38:18.880 --> 38:19.880]  Wow.
[38:19.880 --> 38:26.560]  Okay, now it's only five years old, so he hadn't paid that much.
[38:26.560 --> 38:34.120]  However, when you make a claim of fraud, you do not claim the amount you were actually
[38:34.120 --> 38:36.560]  defrauded of.
[38:36.560 --> 38:43.920]  You claim the amount the perpetrator intended to defraud you of, which in this case was
[38:43.920 --> 38:47.920]  50 grand, but you don't sue for that amount.
[38:47.920 --> 38:50.400]  You sue for triple.
[38:50.400 --> 39:00.600]  First calculation, I get a claim against the lender in excess of the original principal.
[39:00.600 --> 39:03.280]  Now let's dance, guys.
[39:03.280 --> 39:08.680]  And we tell them, if you approve up one of these fees, then we'll deduct it from the
[39:08.680 --> 39:09.680]  calculation.
[39:09.680 --> 39:13.440]  Now we've helped about 350 people file suits with this in it.
[39:13.440 --> 39:19.640]  I've helped over 600 people file federal suits, but about half of them had this in it.
[39:19.640 --> 39:24.240]  You got any idea how many fees the bank proved up?
[39:24.240 --> 39:26.240]  It's an easy number.
[39:26.240 --> 39:27.240]  Wow.
[39:27.240 --> 39:31.320]  So that sounds like it's tough.
[39:31.320 --> 39:35.680]  How many of those fees do you think they proved up?
[39:35.680 --> 39:37.880]  Wow.
[39:37.880 --> 39:43.280]  In over 300 lawsuits, zero.
[39:43.280 --> 39:45.400]  They never proved up a single one.
[39:45.400 --> 39:54.200]  And there's a reason they never proved up a single one, because if they prove up one
[39:54.200 --> 40:00.960]  and don't prove up another, that creates the adverse inference that the one they didn't
[40:00.960 --> 40:06.680]  prove up was exactly what we said it was, fraudulent.
[40:06.680 --> 40:10.720]  And they always have fraudulent fees on there.
[40:10.720 --> 40:15.320]  So this particular suit, they really don't like.
[40:15.320 --> 40:22.320]  So what we'll do is make up a qualified written request claiming all these fees is bogus,
[40:22.320 --> 40:30.120]  and that they're overcharging us, and we will have an amount to the penny.
[40:30.120 --> 40:37.280]  It's one thing to go in there with a large claim, ask them for $2 billion.
[40:37.280 --> 40:40.160]  And the court says, well, how did you get that number?
[40:40.160 --> 40:43.280]  We're going to go in there with a large claim, and the court's going to say, how did you
[40:43.280 --> 40:44.280]  get that number?
[40:44.280 --> 40:45.440]  And we'll say, right here.
[40:45.440 --> 40:48.840]  This is exactly how we got that number to the penny.
[40:48.840 --> 40:52.880]  And the other guy's going to say, oh, well, I don't like the way you calculated that.
[40:52.880 --> 40:55.380]  So what?
[40:55.380 --> 41:03.520]  At the end of the day, there's only one number that the jury's going to remember.
[41:03.520 --> 41:08.200]  And that's the one you walked in the door with.
[41:08.200 --> 41:11.800]  And that's the one you get to negotiate from.
[41:11.800 --> 41:18.240]  So also, if I get the note and the truth in lending statement, most of the time, there's
[41:18.240 --> 41:25.760]  another rather complex calculation I can do and get you even more of a claim.
[41:25.760 --> 41:28.560]  So we get this big claim against the lender.
[41:28.560 --> 41:36.400]  We send them the qualified written request, and it starts out with a debt validation,
[41:36.400 --> 41:43.320]  demand that they validate the debt, and then it goes to a qualified written request.
[41:43.320 --> 41:47.160]  And then it goes to 15 pages of trash.
[41:47.160 --> 41:51.240]  If you look on the internet, you'll find a lot of qualified written requests people have
[41:51.240 --> 41:56.480]  posted, and most of those have been posted by somebody who doesn't know what a qualified
[41:56.480 --> 41:59.000]  written request is.
[41:59.000 --> 42:05.640]  All of these things are requests for discovery, or they don't have to respond to that nonsense.
[42:05.640 --> 42:10.120]  So we put it all in there.
[42:10.120 --> 42:14.120]  Because the lawyer's going to read the debt validation, he's going to read the qualified
[42:14.120 --> 42:19.280]  written request, and he's going to see all this discovery, this is trash, this is trash,
[42:19.280 --> 42:20.280]  this is trash.
[42:20.280 --> 42:23.000]  He's not going to read that.
[42:23.000 --> 42:27.920]  And we've never had one read the last paragraph.
[42:27.920 --> 42:33.720]  It says, if you fail to properly validate this debt within the statutory time limit,
[42:33.720 --> 42:38.720]  you may construe this as a notice of rescission.
[42:38.720 --> 42:42.440]  They never read it.
[42:42.440 --> 42:53.120]  So as soon as you get a debt validation, I mean, a notice of acceleration, we're going
[42:53.120 --> 42:57.080]  to do something that hasn't been adjudicated in the courts yet.
[42:57.080 --> 42:58.080]  I'm nervous.
[42:58.080 --> 43:09.040]  Okay, you have a right to rescind the mortgage within three days, just buyer's remorse for
[43:09.040 --> 43:10.040]  no reason.
[43:10.040 --> 43:17.000]  Within three years, if they fail to give you proper notice of your right to rescind.
[43:17.000 --> 43:23.520]  And in 2014, the Supreme Court heard Jasinowski case.
[43:23.520 --> 43:31.080]  Mr. Jasinowski filed a notice of rescission on the very last day.
[43:31.080 --> 43:38.680]  And they claimed that at closing, the lender gave them a notice that they had the right
[43:38.680 --> 43:41.040]  to rescind.
[43:41.040 --> 43:48.400]  But there were two names on the mortgage and they only gave one notice.
[43:48.400 --> 43:50.600]  And that was enough.
[43:50.600 --> 43:57.360]  They took it all the way to the Supreme Court and the Supreme Court landed on the banks.
[43:57.360 --> 44:21.240]  We're going to be right back here, going to break.
[44:21.240 --> 44:48.680]  We're going to be right back.
[44:51.240 --> 45:21.200]  We're going to be right back.
[45:21.200 --> 45:44.160]  We're going to be right back.
[45:44.160 --> 46:09.720]  We're going to be right back.
[46:09.720 --> 46:23.440]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking about Jasinowski.
[46:23.440 --> 46:31.120]  The Supreme Court, in a unanimous decision, dropped the sky on the banks.
[46:31.120 --> 46:39.960]  I could not believe that Wells Fargo actually let this case get to the Supreme.
[46:39.960 --> 46:43.880]  It's absolutely insane.
[46:43.880 --> 46:53.400]  What they said was, is when the Jasinowskis filed the notice of rescission, rescission
[46:53.400 --> 46:56.480]  was accomplished.
[46:56.480 --> 47:00.920]  When you file a notice of rescission, it's not a request.
[47:00.920 --> 47:05.120]  You have the power to rescind.
[47:05.120 --> 47:07.640]  Okay.
[47:07.640 --> 47:11.120]  Your issue is, is you're already beyond the three-year time limit.
[47:11.120 --> 47:13.480]  Yes, unfortunately.
[47:13.480 --> 47:27.880]  However, the three, 16, 15 U.S. Code 1635F is the one that gives you three years.
[47:27.880 --> 47:42.560]  1635I says that after the initiation of foreclosure, if you can show more than $35 in unnoticed
[47:42.560 --> 47:51.480]  fees, the right to rescind is reinvigorated, and this one has no statute of limitations
[47:51.480 --> 47:52.480]  on it.
[47:52.480 --> 47:59.800]  As soon as you get the notice of acceleration, you hit them with this qualified written request
[47:59.800 --> 48:06.880]  that's got the sneaky rescission in the bottom of it, and they never responded.
[48:06.880 --> 48:17.040]  What the care code says is the bank has 20 days to either rescind the mortgage and take
[48:17.040 --> 48:23.040]  possession of the property or file an opposition in the courts.
[48:23.040 --> 48:31.160]  They never read this paragraph, so they don't do it, and now you've got them under default.
[48:31.160 --> 48:34.840]  They're going to say, well, the rescission was improper.
[48:34.840 --> 48:36.400]  I'm sorry, Bubba.
[48:36.400 --> 48:40.000]  You had 20 days to do that.
[48:40.000 --> 48:46.720]  That 20 days has passed, and that's called laches.
[48:46.720 --> 48:52.680]  Laches is a legal concept that goes to sitting on your rights.
[48:52.680 --> 48:54.440]  You had the right to take action.
[48:54.440 --> 48:58.520]  You didn't bother, so you waived those rights.
[48:58.520 --> 48:59.520]  Really?
[48:59.520 --> 49:05.480]  There's a certain quality for the qualified.
[49:05.480 --> 49:14.560]  We have never had a ruling on 1635I that I can find.
[49:14.560 --> 49:24.360]  What we do is we file a 28 U.S. Code 2201, petition for declaratory judgment, and ask
[49:24.360 --> 49:33.800]  the court to declare the rights of the parties, and we state to the court that there is no
[49:33.800 --> 49:43.200]  direction from the court on the issue of rescission after initiation of foreclosure.
[49:43.200 --> 49:50.840]  We have no case law, so it's appropriate to ask the court to give us direction by stipulating
[49:50.840 --> 49:55.560]  the rights of the parties.
[49:55.560 --> 50:02.760]  The good thing about this one is it's not subject to a Rule 12B6 motion to dismiss for
[50:02.760 --> 50:06.520]  failure to state a claim of which recovery can be had.
[50:06.520 --> 50:16.880]  It's Ashcroft-Tombly and Iqbal something or other.
[50:16.880 --> 50:17.880]  There's two cases.
[50:17.880 --> 50:18.880]  They changed everything.
[50:18.880 --> 50:24.240]  They changed the pleading standards, so any time you file a federal suit, the other side
[50:24.240 --> 50:29.440]  is going to file a Rule 12 motion for failure to state a claim of which recovery can be
[50:29.440 --> 50:30.440]  had.
[50:30.440 --> 50:33.400]  Well, we're not asking for recovery.
[50:33.400 --> 50:40.800]  We're filing a strictly a declaratory judgment suit.
[50:40.800 --> 50:42.000]  Declare the rights of the parties.
[50:42.000 --> 50:43.920]  We're not asking for any recovery at all.
[50:43.920 --> 50:53.280]  It's not subject to 12B6, but it gets us to discovery, and that's the last thing the bank
[50:53.280 --> 50:54.880]  wants to happen.
[50:54.880 --> 51:05.560]  They do not want discovery because then you'll discover that they have no standing.
[51:05.560 --> 51:08.320]  That's just a second suit.
[51:08.320 --> 51:17.120]  We hadn't got to receive to securitization and there's a number of other issues we can
[51:17.120 --> 51:18.120]  go to.
[51:18.120 --> 51:24.600]  That would probably get us 12 years.
[51:24.600 --> 51:30.320]  So you basically would have to look at the... You said the county record of documents,
[51:30.320 --> 51:31.320]  right?
[51:31.320 --> 51:32.320]  Yes.
[51:32.320 --> 51:35.760]  So do you need that information again?
[51:35.760 --> 51:39.360]  I know I sent it, but I just want to make sure that you...
[51:39.360 --> 51:40.360]  I will look.
[51:40.360 --> 51:43.360]  I don't remember seeing those documents.
[51:43.360 --> 51:51.440]  I need to be sure that I have everything that's been filed because I need to know for certain
[51:51.440 --> 51:53.440]  what hasn't been filed.
[51:53.440 --> 51:59.880]  Okay, so you basically need their address, right, and their block number and the lot
[51:59.880 --> 52:01.480]  number of the property.
[52:01.480 --> 52:07.040]  Yeah, I need that, but I also need all of the documents that's been filed in the public
[52:07.040 --> 52:08.040]  record.
[52:08.040 --> 52:13.080]  Oh, okay, because I don't know how I would find that information.
[52:13.080 --> 52:18.360]  You go to the clerk and you tell the clerk, you go to the registrar of deeds and say,
[52:18.360 --> 52:25.440]  look, I'm computer intolerant, I don't understand these newfangled things, can you do a search
[52:25.440 --> 52:31.680]  on this property and give me a list of what you find so I can go look it up?
[52:31.680 --> 52:33.920]  And they'll always do that for you.
[52:33.920 --> 52:38.680]  And when you get that list, keep it, don't let anything happen to it.
[52:38.680 --> 52:45.920]  Because if the clerk can't find it, it doesn't exist as far as you're concerned.
[52:45.920 --> 52:48.960]  And then everything that's on that list, I need a copy of.
[52:48.960 --> 52:55.160]  Okay, it would be better if I have the copy in electronic format.
[52:55.160 --> 52:58.200]  Send that to me and I'll do an evaluation.
[52:58.200 --> 53:01.200]  Oh, okay, okay.
[53:01.200 --> 53:07.280]  The reason why I asked is because I thought if I just sent my address, because I'm not
[53:07.280 --> 53:12.640]  able to open up, it's a certain JavaScript or something like that, I'm not able to open
[53:12.640 --> 53:17.160]  up the actual mortgage documents of my parents.
[53:17.160 --> 53:23.760]  So I thought if I send in the lot number and the block number and the address of my parents'
[53:23.760 --> 53:29.240]  property of the state, they are in for the search systems.
[53:29.240 --> 53:34.080]  Okay, I can't go to the registrar of New York.
[53:34.080 --> 53:41.680]  They might be online, but you really need the clerk to do that search for you.
[53:41.680 --> 53:46.240]  Because if the clerk can't find it, then even if it's filed, you can claim it's not properly
[53:46.240 --> 53:47.240]  filed.
[53:47.240 --> 53:48.240]  Okay.
[53:48.240 --> 53:55.880]  And this is, just to be certain, it's-
[53:55.880 --> 53:59.600]  I have to have these documents.
[53:59.600 --> 54:06.400]  Any claim against real property has to be filed with the county registrar of deeds.
[54:06.400 --> 54:10.240]  I need to know everything that has been filed with the registrar.
[54:10.240 --> 54:15.440]  From the beginning, from when they- of the property, purchase of the property-
[54:15.440 --> 54:16.440]  No.
[54:16.440 --> 54:22.320]  From the date your mother received a warranty deed.
[54:22.320 --> 54:25.320]  Warranty deed.
[54:25.320 --> 54:28.320]  Right.
[54:28.320 --> 54:33.760]  When you say warranty deed, you mean just the deed on the property, the regular deed
[54:33.760 --> 54:34.760]  on the property?
[54:34.760 --> 54:35.760]  Yes.
[54:35.760 --> 54:40.400]  When they originally deeded the property over to your mother.
[54:40.400 --> 54:41.400]  Okay.
[54:41.400 --> 54:45.160]  Yeah, we definitely have all of that information.
[54:45.160 --> 54:47.960]  We have everything.
[54:47.960 --> 54:49.840]  That won't be in the closing documents.
[54:49.840 --> 54:57.240]  Oh, not- oh, the closing, oh, that's- No, the only thing I need from the closing documents
[54:57.240 --> 55:01.520]  are HUD 1, note, truth in the statement.
[55:01.520 --> 55:02.520]  Okay.
[55:02.520 --> 55:07.240]  And so how would I find the HUD 1 settlement statement?
[55:07.240 --> 55:08.240]  It's in there.
[55:08.240 --> 55:10.280]  It'll say it on the top.
[55:10.280 --> 55:15.480]  It's a legal-sized document and it's got a- it looks like a spreadsheet.
[55:15.480 --> 55:20.760]  It's got lines on both sides and all of the fees and such on it.
[55:20.760 --> 55:26.840]  It'll be the biggest document in it, two to three pages, but it's always legal-sized.
[55:26.840 --> 55:27.840]  Okay.
[55:27.840 --> 55:35.840]  It's labeled HUD 1 settlement statement, or it may just say settlement statement.
[55:35.840 --> 55:36.840]  Okay.
[55:36.840 --> 55:37.840]  Okay.
[55:37.840 --> 55:44.640]  I just- I just want to be certain because it is a lot of documentation.
[55:44.640 --> 55:45.640]  Yeah.
[55:45.640 --> 55:55.800]  All I need is the truth in lending, note, and that HUD 1, the rest of it I don't need.
[55:55.800 --> 55:58.800]  And that's down in the side of the public records.
[55:58.800 --> 55:59.800]  Okay.
[55:59.800 --> 56:02.800]  Those are found in your closing documents.
[56:02.800 --> 56:07.800]  Everything else is found in the county registrar deeds.
[56:07.800 --> 56:08.800]  Okay.
[56:08.800 --> 56:09.800]  Okay.
[56:09.800 --> 56:12.800]  This is taking too long.
[56:12.800 --> 56:16.400]  Let's do this off the air.
[56:16.400 --> 56:17.400]  I'm kind of running out of time.
[56:17.400 --> 56:21.240]  I need to- I've got three more callers I need to get to.
[56:21.240 --> 56:23.720]  So- Thank you.
[56:23.720 --> 56:27.720]  We'll talk Tuesday.
[56:27.720 --> 56:33.000]  Just send me an email with your phone number and I'll call you Tuesday.
[56:33.000 --> 56:34.000]  Yes.
[56:34.000 --> 56:35.000]  Thank you.
[56:35.000 --> 56:36.000]  Okay.
[56:36.000 --> 56:38.000]  Thank you, Colleen.
[56:38.000 --> 56:39.000]  Okay.
[56:39.000 --> 56:43.640]  Now we're going to go to Mr. Rader in Oregon.
[56:43.640 --> 56:44.640]  Randy.
[56:44.640 --> 56:47.640]  Howdy, howdy.
[56:47.640 --> 56:49.640]  What do you have for us today?
[56:49.640 --> 56:52.240]  Today was a good day.
[56:52.240 --> 56:59.560]  For you, for me, and everybody, listen to this.
[56:59.560 --> 57:05.200]  In the justice court of the state of Oregon, for the county of Clackamas, state of Oregon
[57:05.200 --> 57:11.240]  as the plaintiff versus myself, the defendant, that's on the left side of the page, right
[57:11.240 --> 57:21.000]  side of the page, citation number AFI-00002, motion in order to dismiss the violation.
[57:21.000 --> 57:23.000]  Yahoo!
[57:23.000 --> 57:29.000]  We came, we saw, we kicked her behinds.
[57:29.000 --> 57:31.000]  Indeed.
[57:31.000 --> 57:40.360]  Now, would you call that now jeopardy attaches at this point?
[57:40.360 --> 57:41.360]  Not necessarily.
[57:41.360 --> 57:45.000]  It depends on the reason for the dismissal.
[57:45.000 --> 57:46.000]  Okay.
[57:46.000 --> 57:52.360]  Let me read further here, it says, comes now the particular deputy, last name Hilton, first
[57:52.360 --> 58:01.000]  initial A, a deputy sheriff for Clackamas County, Oregon, who moves the court to dismiss
[58:01.000 --> 58:04.320]  the above Oregon uniform citation number.
[58:04.320 --> 58:10.080]  And in Senate court date and time was 1st September 29, 2016 at 10 a.m.
[58:10.080 --> 58:14.000]  That was supposed to be the trial date.
[58:14.000 --> 58:22.000]  But the cancellation of trial notice, and below that, it says it's on the 29th of August.
[58:22.000 --> 58:25.520]  Okay, wait, wait, hang on, we're about to go to break.
[58:25.520 --> 58:33.160]  This is Randy Kelton, Rule of Law Radio, our call in number 512-646-1984.
[58:33.160 --> 58:38.800]  We've got an hour left, Colin, Mark, I see you there, we'll get to everybody, we'll be
[58:38.800 --> 58:50.240]  right back.
[58:50.240 --> 58:54.360]  Would you like to make more definite progress in your walk with God?
[58:54.360 --> 58:59.560]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.560 --> 59:00.880]  can really help.
[59:00.880 --> 59:05.320]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.320 --> 59:06.320]  today.
[59:06.320 --> 59:10.280]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.280 --> 59:13.400]  to know God and to know the meaning of life.
[59:13.400 --> 59:18.640]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.640 --> 59:22.920]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.920 --> 59:27.840]  of salvation, growing in Christ, and how to build up the church.
[59:27.840 --> 59:32.840]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.840 --> 59:45.600]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit
[59:45.600 --> 59:48.240]  us online at bfa.org.
[59:48.240 --> 01:00:00.600]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.600 --> 01:00:05.720]  The following newsflash is brought to you by the Lone Star Lowdown, providing the jelly
[01:00:05.720 --> 01:00:13.120]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[01:00:13.120 --> 01:00:18.600]  into the tides of the alternative.
[01:00:18.600 --> 01:00:24.920]  Markets for Friday, the 2nd of September, 2016 are currently treading with gold at $1,324.69
[01:00:24.920 --> 01:00:33.120]  an ounce, silver $19.41 an ounce, Texas crude $43.16 a barrel, and Bitcoin is currently
[01:00:33.120 --> 01:00:42.600]  sitting at about $575 U.S. currency.
[01:00:42.600 --> 01:00:48.800]  Today in history, the year 1752, Great Britain adopts the Gregorian calendar nearly two centuries
[01:00:48.800 --> 01:00:50.640]  after most of Western Europe.
[01:00:50.640 --> 01:00:58.240]  Great Britain incorporates Pope Gregory's calendar, today in history.
[01:00:58.240 --> 01:01:02.560]  In recent news, an internal audit within the Department of Defense by the Office of the
[01:01:02.560 --> 01:01:07.360]  Assistant Secretary of the Army and the Defense Finance and Accounting Service in Minneapolis
[01:01:07.360 --> 01:01:12.240]  found out at the end of July this year that they could not adequately account for $6.5
[01:01:12.240 --> 01:01:15.000]  trillion for the fiscal year of 2015.
[01:01:15.000 --> 01:01:18.720]  It turns out that millions of documents during the third quarter of the year and financial
[01:01:18.720 --> 01:01:22.720]  statements were unreliable and lacked adequate audit trailing.
[01:01:22.720 --> 01:01:26.400]  As a result, the Army will not achieve audit readiness by the congressionally mandated
[01:01:26.400 --> 01:01:30.080]  deadline of September 30th, 2017.
[01:01:30.080 --> 01:01:33.880]  Additional comments and suggestions to these findings weren't made until August 25th of
[01:01:33.880 --> 01:01:39.360]  this year, which explains why media had so little to say on this until a month after
[01:01:39.360 --> 01:01:45.000]  the audit.
[01:01:45.000 --> 01:01:48.320]  Earlier this month, the Obama administration stated that it would formally shift authority
[01:01:48.320 --> 01:01:53.640]  for much of the Internet's governance to a nonprofit multi-stakeholder ICANN, an entity
[01:01:53.640 --> 01:01:58.200]  which manages a number of technical functions that help computers locate servers and websites
[01:01:58.200 --> 01:02:00.480]  on October 1st of this year.
[01:02:00.480 --> 01:02:04.960]  Although the change could eventually lead to new policies concerning copyright infringement,
[01:02:04.960 --> 01:02:08.320]  administration officials are emphasizing that the move isn't expected to change anything
[01:02:08.320 --> 01:02:10.920]  for Internet users in the foreseeable future.
[01:02:10.920 --> 01:02:14.760]  However, recent developments have revealed the inevitable result of this.
[01:02:14.760 --> 01:02:18.640]  Eric Manning, president of Americans for Limited Government, the organization that filed a
[01:02:18.640 --> 01:02:22.720]  Freedom of Information disclosure, found that when the U.S. Department of Commerce ends
[01:02:22.720 --> 01:02:28.180]  its contract with ICANN on the 30th of September, ICANN will effectively lose their antitrust-free
[01:02:28.180 --> 01:02:31.760]  status since they will no longer be considered part of any government and will be forced
[01:02:31.760 --> 01:02:36.680]  to join a governmental entity in order to maintain their global operations.
[01:02:36.680 --> 01:02:40.760]  Many fear it will most likely be the UN since so many member states are calling for such
[01:02:40.760 --> 01:02:41.760]  a merger.
[01:02:41.760 --> 01:02:46.080]  This has raised many legitimate concerns as to the future censoring of Internet websites
[01:02:46.080 --> 01:02:50.320]  since the UN will in effect gain control of not only the Internet in the United States
[01:02:50.320 --> 01:03:14.720]  but of the world via ICANN.
[01:03:14.720 --> 01:03:21.040]  We are back, Randy Kelton, Wheel of Law Radio, and we're talking to Radio in Oregon.
[01:03:21.040 --> 01:03:32.320]  You asked if Malice attached, and since the deputy, I take it this was the deputy who
[01:03:32.320 --> 01:03:42.960]  wrote the citation, is the one that moved to dismiss, if that's the case, I would say
[01:03:42.960 --> 01:03:57.880]  Malice would attach, because if he didn't have grounds to try to prosecute, he didn't
[01:03:57.880 --> 01:04:00.680]  have grounds to initiate.
[01:04:00.680 --> 01:04:07.040]  Now if the prosecutor had done it or the judge had done it, you know, there might be some
[01:04:07.040 --> 01:04:12.280]  administrative reason, they might say, well, you know, we didn't get this done in time,
[01:04:12.280 --> 01:04:19.280]  so under due process, we have a duty to dismiss, something like that, Malice would not attach.
[01:04:19.280 --> 01:04:27.200]  But if the complaintant moved to dismiss, I would say Malice attached.
[01:04:27.200 --> 01:04:32.800]  He writes this bogus citation, and then when you fight it, he ducks and runs for cover.
[01:04:32.800 --> 01:04:39.320]  Well, I don't know what I did right, but I did something right.
[01:04:39.320 --> 01:04:47.200]  And I'd say go for his throat.
[01:04:47.200 --> 01:04:54.360]  This is different than ordinary civil behavior, this is law.
[01:04:54.360 --> 01:04:59.240]  No quarter.
[01:04:59.240 --> 01:05:07.600]  I like to tell clerks when they get smartsy mouth with me, is I will not be reasonable,
[01:05:07.600 --> 01:05:12.800]  I will not be understanding.
[01:05:12.800 --> 01:05:17.280]  So this is no time to be reasonable or understanding.
[01:05:17.280 --> 01:05:22.280]  Okay, okay, so what do you plan to do?
[01:05:22.280 --> 01:05:29.040]  Okay, that's what I'm going to, that's what I need to have the coaches advice on my next
[01:05:29.040 --> 01:05:31.040]  move.
[01:05:31.040 --> 01:05:35.760]  Now this is itching me to tell somebody about it, because I just got it today.
[01:05:35.760 --> 01:05:39.760]  And I sent an email to Eddie, because he's, you know...
[01:05:39.760 --> 01:05:49.120]  We definitely oppose crowing rights, so you get the cock-a-doodle-doo.
[01:05:49.120 --> 01:05:59.720]  Yes, so this is what I did though, prior to the first appearance, I filed four documents
[01:05:59.720 --> 01:06:05.120]  that I'm supposed to be required to do, that's what Eddie suggested me to do, is to file
[01:06:05.120 --> 01:06:13.040]  the facts and evidence, the affidavit of not engaging in transportation, the declination
[01:06:13.040 --> 01:06:21.080]  of pleading, and then citing the lack of jurisdiction in the case and in the matter, citing that
[01:06:21.080 --> 01:06:27.400]  it is a civil infraction, any of these traffic stops are civil infractions.
[01:06:27.400 --> 01:06:33.080]  And as you were talking about earlier in the show, that law enforcement doesn't have jurisdiction
[01:06:33.080 --> 01:06:38.360]  for traffic law in general.
[01:06:38.360 --> 01:06:41.360]  So I cited those things to the court.
[01:06:41.360 --> 01:06:47.840]  Well, that is the case for the most part in Texas.
[01:06:47.840 --> 01:06:58.480]  But then again, Texas law is, in this regard, is absolutely insane.
[01:06:58.480 --> 01:07:08.520]  It appears as though they very carefully carved out very specific places that they intended
[01:07:08.520 --> 01:07:11.680]  for the traffic laws to be enforced.
[01:07:11.680 --> 01:07:13.180]  If you live in...
[01:07:13.180 --> 01:07:20.920]  If you're in a county that borders one of the Mexican states, if you're in a county
[01:07:20.920 --> 01:07:28.520]  of more than 50,000 that has a Department of Defense highway and is adjacent to a county
[01:07:28.520 --> 01:07:34.160]  with over three million people, what the heck is that nonsense?
[01:07:34.160 --> 01:07:37.640]  The whole thing is like this.
[01:07:37.640 --> 01:07:40.120]  It's really convoluted.
[01:07:40.120 --> 01:07:55.520]  If you're a city of under 50,000 and you're in a county of less than a million and the
[01:07:55.520 --> 01:08:02.680]  county has a Department of Defense highway through it, you can enforce.
[01:08:02.680 --> 01:08:05.200]  What is all that?
[01:08:05.200 --> 01:08:14.400]  It's like they picked counties around the state and wrote this code to single them out.
[01:08:14.400 --> 01:08:20.520]  So it's likely it's not as wacko in Oregon.
[01:08:20.520 --> 01:08:28.240]  Do you know what it says about in Oregon transportation code about who can enforce traffic code?
[01:08:28.240 --> 01:08:40.920]  Briefly, I read parts of the statute and it says those peace officers who are in direct
[01:08:40.920 --> 01:08:49.680]  observations of particular violations can establish subject matter jurisdiction in the
[01:08:49.680 --> 01:08:53.520]  field, but it doesn't specifically say what kind of...
[01:08:53.520 --> 01:08:54.520]  No, no.
[01:08:54.520 --> 01:08:55.520]  That's not what I'm talking about.
[01:08:55.520 --> 01:09:05.840]  In the section of the Oregon code that adopts the transportation code, that's where this
[01:09:05.840 --> 01:09:09.720]  is at in Texas, it's in administrative code.
[01:09:09.720 --> 01:09:16.920]  It says, oh, it creates the Department of Public Safety, the state police, and it adopts
[01:09:16.920 --> 01:09:23.200]  the transportation code and then it says who can enforce the transportation code.
[01:09:23.200 --> 01:09:32.120]  So you might look for where the Oregon code adopts the transportation code because I think
[01:09:32.120 --> 01:09:38.400]  most every state has adopted the federal uniform transportation code.
[01:09:38.400 --> 01:09:42.480]  It'll be in there who can enforce it.
[01:09:42.480 --> 01:09:43.960]  Okay.
[01:09:43.960 --> 01:09:56.200]  I have in my inbox, I went to the library and they sent me all the particular sections
[01:09:56.200 --> 01:10:03.200]  concerning transportation and the transportation codes of Oregon, the revised statute sections
[01:10:03.200 --> 01:10:04.200]  on that.
[01:10:04.200 --> 01:10:12.200]  Oh, I have to research that and look in there, see if I can find the language and which section
[01:10:12.200 --> 01:10:21.440]  in the language describes particularly which body of law enforcement is able to exercise
[01:10:21.440 --> 01:10:25.720]  subject matter jurisdiction over the general public and traffic.
[01:10:25.720 --> 01:10:26.720]  Yeah.
[01:10:26.720 --> 01:10:27.720]  There's more.
[01:10:27.720 --> 01:10:38.960]  Look in there real close because even the areas that can enforce, the individual who
[01:10:38.960 --> 01:10:49.720]  enforces has to have certain certifications and training and none of them here do.
[01:10:49.720 --> 01:10:55.240]  These guys obviously don't understand the code.
[01:10:55.240 --> 01:11:01.640]  They're assuming that it's a general code and it's not.
[01:11:01.640 --> 01:11:07.520]  It's very specific to commerce and that's part of the reason that there are all of these
[01:11:07.520 --> 01:11:08.520]  restrictions.
[01:11:08.520 --> 01:11:15.080]  What it says here is a sheriff of a county can appoint up to five individuals to enforce
[01:11:15.080 --> 01:11:25.320]  the transportation code and where he can recommend these and these individuals all have to receive
[01:11:25.320 --> 01:11:33.000]  certification by the department of public safety or state police.
[01:11:33.000 --> 01:11:42.080]  But he can appoint a municipal officer, but that municipal officer must meet these requirements
[01:11:42.080 --> 01:11:48.160]  and have all those wacko requirements they have to meet and then the only sheriffs of
[01:11:48.160 --> 01:11:55.760]  certain counties can appoint five officers if they're bordering one of the Mexican states
[01:11:55.760 --> 01:11:57.520]  and all this crazy stuff.
[01:11:57.520 --> 01:12:06.760]  So you probably got a section that not only says who can do it, but also addresses special
[01:12:06.760 --> 01:12:11.160]  training and certification.
[01:12:11.160 --> 01:12:21.360]  The most devastating tools I have are two information requests that asks for the certifications
[01:12:21.360 --> 01:12:31.080]  of the officers who are authorized the certification under Texas Administrative Code 7001.004
[01:12:31.080 --> 01:12:38.200]  or something and then Texas Transportation Code 644. something.
[01:12:38.200 --> 01:12:40.040]  And it asks for those certifications.
[01:12:40.040 --> 01:12:43.160]  I have never had anybody be able to produce them.
[01:12:43.160 --> 01:12:44.160]  Wow.
[01:12:44.160 --> 01:12:46.680]  Well, I have a question here.
[01:12:46.680 --> 01:12:51.640]  I brought up on my screen here and I'm looking in the transportation code section there it
[01:12:51.640 --> 01:12:52.640]  says 803.10.
[01:12:52.640 --> 01:12:53.640]  Let's see what it says.
[01:12:53.640 --> 01:12:54.640]  It's an application.
[01:12:54.640 --> 01:12:55.640]  It's under this.
[01:12:55.640 --> 01:13:00.640]  I wonder if this is correct.
[01:13:00.640 --> 01:13:05.600]  Applications of Uniform Commercial Code, is that what I'm looking for?
[01:13:05.600 --> 01:13:06.600]  No that's UCC.
[01:13:06.600 --> 01:13:10.280]  We're looking for transportation code.
[01:13:10.280 --> 01:13:13.280]  That's the law of contracts.
[01:13:13.280 --> 01:13:19.000]  Okay, application certification is this good, okay, then sort of just, all right, purpose,
[01:13:19.000 --> 01:13:20.000]  record.
[01:13:20.000 --> 01:13:21.000]  I'm looking at all these.
[01:13:21.000 --> 01:13:25.280]  It's just false swearing, prohibited, all that kind of stuff here.
[01:13:25.280 --> 01:13:26.280]  Let's see.
[01:13:26.280 --> 01:13:30.800]  Okay, let me do something while you're looking that up.
[01:13:30.800 --> 01:13:34.440]  I have a first time caller I'd like to take and then I'll come back to you.
[01:13:34.440 --> 01:13:35.440]  Would that be okay?
[01:13:35.440 --> 01:13:36.440]  Yeah.
[01:13:36.440 --> 01:13:37.440]  Sure.
[01:13:37.440 --> 01:13:38.440]  I'll hang up.
[01:13:38.440 --> 01:13:39.440]  Stay hooked up.
[01:13:39.440 --> 01:13:40.440]  I'll just mute you.
[01:13:40.440 --> 01:13:41.440]  All right.
[01:13:41.440 --> 01:13:42.440]  Okay.
[01:13:42.440 --> 01:13:46.400]  Now, we're going to go to Colin in Tennessee.
[01:13:46.400 --> 01:13:47.400]  Hello Colin.
[01:13:47.400 --> 01:13:48.400]  Hello Randy.
[01:13:48.400 --> 01:13:53.480]  Thank you for taking my call.
[01:13:53.480 --> 01:13:54.480]  No problem.
[01:13:54.480 --> 01:13:56.720]  I like to take calls from Tennessee.
[01:13:56.720 --> 01:13:57.720]  I'm from Tennessee.
[01:13:57.720 --> 01:13:58.720]  Okay.
[01:13:58.720 --> 01:14:01.400]  So, you don't have to worry.
[01:14:01.400 --> 01:14:02.400]  I speak hillbilly.
[01:14:02.400 --> 01:14:03.400]  Fluent hillbilly.
[01:14:03.400 --> 01:14:04.400]  Fluent hillbilly.
[01:14:04.400 --> 01:14:12.520]  I'm in Texas now, so I also speak redneck.
[01:14:12.520 --> 01:14:17.680]  That's the greatest mix ever, hillbilly redneck.
[01:14:17.680 --> 01:14:18.680]  Okay.
[01:14:18.680 --> 01:14:21.440]  What do you have for us today?
[01:14:21.440 --> 01:14:34.360]  Well, what I have is I got a notice from the IRS, that three-letter word, that my W2, I
[01:14:34.360 --> 01:14:46.360]  don't know, or it's related to W2, it is a letter form 2802C, and they indicated that
[01:14:46.360 --> 01:14:52.920]  I needed to change my W4 withholding, as-
[01:14:52.920 --> 01:14:55.920]  Wait a minute.
[01:14:55.920 --> 01:15:00.520]  7 before, not as in 1974?
[01:15:00.520 --> 01:15:09.160]  No, 2802C, letter number 2802C.
[01:15:09.160 --> 01:15:10.160]  Okay.
[01:15:10.160 --> 01:15:19.120]  What was the nature of the withholding they wanted you to change?
[01:15:19.120 --> 01:15:27.080]  Well, they're stating that I'm claiming too many exemptions from the W4 that was submitted
[01:15:27.080 --> 01:15:31.320]  to the employer, which I've had that way for...
[01:15:31.320 --> 01:15:40.560]  I haven't changed it for over five years, five to six years.
[01:15:40.560 --> 01:15:45.760]  And so, I've been researching it a little bit, and I come to the understanding that
[01:15:45.760 --> 01:15:55.240]  the W4 is voluntary, and I was wondering how I could respond to this letter, other than
[01:15:55.240 --> 01:15:58.560]  simply- Okay.
[01:15:58.560 --> 01:16:07.200]  The problem with the IRS is while it's voluntary, if you don't volunteer, they'll arrest you.
[01:16:07.200 --> 01:16:08.200]  Yeah.
[01:16:08.200 --> 01:16:11.840]  Now, that's not right, but that's how it works.
[01:16:11.840 --> 01:16:19.680]  So, my suggestion is, request a clarification.
[01:16:19.680 --> 01:16:24.320]  They want to play little games with letters, give them one back.
[01:16:24.320 --> 01:16:30.960]  They're in receipt of their letter, notifying you that they have reason to believe that
[01:16:30.960 --> 01:16:35.400]  you are claiming too many exemptions.
[01:16:35.400 --> 01:16:43.960]  Please provide me with chapter and verse that on which you rely to make this determination.
[01:16:43.960 --> 01:16:47.080]  Send it back to me.
[01:16:47.080 --> 01:16:50.880]  Request for clarification.
[01:16:50.880 --> 01:16:54.480]  This goes to one of our rules.
[01:16:54.480 --> 01:17:00.200]  Never make a proactive statement of law out of your own mouth, yeah?
[01:17:00.200 --> 01:17:04.840]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:17:04.840 --> 01:17:09.000]  Stop debt collectors now with the Michael Mears' proven method.
[01:17:09.000 --> 01:17:13.320]  Michael Mears has won six cases in federal court against debt collectors, and now you
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[01:17:14.320 --> 01:17:19.120]  You'll get step-by-step instructions in plain English on how to win in court using federal
[01:17:19.120 --> 01:17:20.800]  civil rights statutes.
[01:17:20.800 --> 01:17:25.480]  What to do when contacted by phone, mail, or court summons, how to answer letters and
[01:17:25.480 --> 01:17:29.960]  phone calls, how to get debt collectors out of your credit report, how to turn the financial
[01:17:29.960 --> 01:17:33.720]  tables on them and make them pay you to go away.
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[01:17:38.840 --> 01:17:40.760]  Personal consultation is available as well.
[01:17:40.760 --> 01:17:46.520]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[01:17:46.520 --> 01:17:49.520]  or email michaelmears at yahoo.com.
[01:17:49.520 --> 01:17:59.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[01:17:59.000 --> 01:18:00.000]  collectors now.
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[01:19:21.960 --> 01:19:27.600]  We are back, Randy Kelton, The Rule of Law Radio, and we're talking to Collin in Tennessee.
[01:19:27.600 --> 01:19:37.280]  And while I'm not the IRS expert, I do understand how the law works.
[01:19:37.280 --> 01:19:44.080]  And these IRS agents, whoever sent you this letter, I'm going to bet that it's a letter
[01:19:44.080 --> 01:19:51.280]  the computer automatically spits out when it sees a certain number of exemptions.
[01:19:51.280 --> 01:19:57.960]  I'm going to suggest you send them back a letter requesting clarification.
[01:19:57.960 --> 01:20:02.800]  Because we have a rule here that we follow and it says never make a proactive statement
[01:20:02.800 --> 01:20:06.760]  of law out of your own mouth.
[01:20:06.760 --> 01:20:10.000]  You must make it out of the mouth of the legislature.
[01:20:10.000 --> 01:20:18.320]  So normally you can't ask them to give you law, but in this case, they've made reference
[01:20:18.320 --> 01:20:20.800]  to law.
[01:20:20.800 --> 01:20:35.960]  So you request to them the specific statutory limitation to which they refer in this letter.
[01:20:35.960 --> 01:20:39.280]  And I'm going to bet that this is computer generated.
[01:20:39.280 --> 01:20:44.680]  Okay, it's not about the money.
[01:20:44.680 --> 01:20:49.720]  They want to hold your money all year and not pay you interest on it.
[01:20:49.720 --> 01:20:54.800]  So they want to deduct it every week or every month out of your paycheck.
[01:20:54.800 --> 01:20:56.960]  And they want to hold it all year.
[01:20:56.960 --> 01:21:01.160]  Now if they deduct too much, they'll give it back to you, but they're not going to pay
[01:21:01.160 --> 01:21:03.840]  you interest on it that they collected.
[01:21:03.840 --> 01:21:09.720]  So it sounds like they're afraid they're not collecting enough interest because you don't
[01:21:09.720 --> 01:21:15.280]  owe anything until there is an assessment at the end of the year.
[01:21:15.280 --> 01:21:16.560]  Yeah.
[01:21:16.560 --> 01:21:20.680]  So screw you guys.
[01:21:20.680 --> 01:21:22.440]  They just want to hold your money.
[01:21:22.440 --> 01:21:32.080]  And generally, if you give them a well directed response, they just back off.
[01:21:32.080 --> 01:21:40.280]  And I'm betting that if you request clarification by demanding the statutory foundation for
[01:21:40.280 --> 01:21:46.960]  their claim, you won't hear anything and all this goes away.
[01:21:46.960 --> 01:21:55.440]  Okay, because in the letter that they state that if I don't change the W-4 withholding
[01:21:55.440 --> 01:22:02.480]  with the employer, that they'll send a lock-in letter for the employer to change the withholding
[01:22:02.480 --> 01:22:09.440]  and even possibly assess a fine of $500.
[01:22:09.440 --> 01:22:13.720]  Oh, wonderful.
[01:22:13.720 --> 01:22:16.720]  Okay.
[01:22:16.720 --> 01:22:19.360]  They've claimed that they're going to do something.
[01:22:19.360 --> 01:22:24.280]  So you send back a letter requesting clarification.
[01:22:24.280 --> 01:22:31.240]  If they don't provide clarification, then you have reason to believe that they have
[01:22:31.240 --> 01:22:38.880]  exerted or purported to exert an authority they do not expressly have and that's a crime
[01:22:38.880 --> 01:22:43.040]  in every state.
[01:22:43.040 --> 01:22:47.120]  And here's the IRS's agents problem.
[01:22:47.120 --> 01:22:55.280]  I don't remember the exact statute right now, but there is a IRS code that requires all
[01:22:55.280 --> 01:23:03.480]  IRS agents to follow, to abide by all law in the collection of the taxes.
[01:23:03.480 --> 01:23:08.000]  Now, have you been in the military?
[01:23:08.000 --> 01:23:09.000]  No.
[01:23:09.000 --> 01:23:10.000]  Okay.
[01:23:10.000 --> 01:23:20.440]  Well, I was in the military and I was in Vietnam and we're flying air support for ground troops.
[01:23:20.440 --> 01:23:24.560]  So by the book, we could load about 40 bombs a night.
[01:23:24.560 --> 01:23:27.000]  They would bring us 200 to 250.
[01:23:27.000 --> 01:23:33.920]  Well, I had a twin brother with boots on the ground in South Vietnam.
[01:23:33.920 --> 01:23:36.960]  Whatever they give us, we loaded it.
[01:23:36.960 --> 01:23:43.640]  And then they give us this direct order that we would load by the book, but it wasn't possible
[01:23:43.640 --> 01:23:46.200]  to load all of these by the book.
[01:23:46.200 --> 01:23:47.200]  And they knew that.
[01:23:47.200 --> 01:23:53.760]  And they gave us that order because they knew we were going to load them anyway.
[01:23:53.760 --> 01:23:58.880]  Because we're flying fire support for other troops on the ground.
[01:23:58.880 --> 01:24:01.380]  We're going to give them what they need.
[01:24:01.380 --> 01:24:05.800]  But if something bad happens, they get to come back on us and they're protecting themselves.
[01:24:05.800 --> 01:24:10.520]  I arrested the same thing to the agents.
[01:24:10.520 --> 01:24:15.440]  They demand that they collect more money than they could possibly collect.
[01:24:15.440 --> 01:24:19.240]  And then they demand that they follow all law in the collecting of the money so that
[01:24:19.240 --> 01:24:21.640]  if they do something wrong, they can blame the agent.
[01:24:21.640 --> 01:24:22.640]  Okay.
[01:24:22.640 --> 01:24:25.240]  It's important we understand that.
[01:24:25.240 --> 01:24:28.320]  Now you ask the agent.
[01:24:28.320 --> 01:24:35.780]  The agent has made a proactive statement of law out of his own mouth.
[01:24:35.780 --> 01:24:41.160]  You ask him for the statute in support of his assertion.
[01:24:41.160 --> 01:24:48.160]  When he doesn't give it to you, then you can assume that there is no such statute.
[01:24:48.160 --> 01:24:52.800]  And that he lied when he sent this to you.
[01:24:52.800 --> 01:24:58.720]  And you go to the state and file criminal charges against him.
[01:24:58.720 --> 01:25:05.720]  Well, you're not going to get the criminal charges prosecuted, but here's the cool thing
[01:25:05.720 --> 01:25:10.840]  about filing criminal charges against the agent.
[01:25:10.840 --> 01:25:15.040]  The first thing you do is poison his well.
[01:25:15.040 --> 01:25:20.240]  You accuse him of a crime and now he's discredited.
[01:25:20.240 --> 01:25:28.280]  And the second thing you do is you create a line of complaints.
[01:25:28.280 --> 01:25:32.800]  You'll file this with a local magistrate.
[01:25:32.800 --> 01:25:37.720]  And the magistrate will say, well, I like to federal and I can take federal.
[01:25:37.720 --> 01:25:39.680]  Yes, you can.
[01:25:39.680 --> 01:25:42.000]  It's not federal.
[01:25:42.000 --> 01:25:50.480]  If an IRS agent runs a red light and T bones a car and kills somebody, they're going to
[01:25:50.480 --> 01:25:53.640]  prosecute him in the state.
[01:25:53.640 --> 01:25:55.200]  That's true.
[01:25:55.200 --> 01:26:00.640]  So he's in the state and he's subject to the state common law.
[01:26:00.640 --> 01:26:05.200]  So you filed a complaint against him.
[01:26:05.200 --> 01:26:08.240]  And the first thing they're going to do, who have you filed it with?
[01:26:08.240 --> 01:26:09.240]  Most likely prosecutor.
[01:26:09.240 --> 01:26:11.280]  He's going to tell you, you can't file.
[01:26:11.280 --> 01:26:15.600]  And then you file against the prosecutor and he's going to get all pissed off.
[01:26:15.600 --> 01:26:19.520]  And they're going to call the IRS and say, I got some guy here trying to get me to arrest
[01:26:19.520 --> 01:26:20.520]  you.
[01:26:20.520 --> 01:26:21.520]  You want to explain what's going on?
[01:26:21.520 --> 01:26:28.040]  And then the IRS agent is going to say, what the heck?
[01:26:28.040 --> 01:26:33.600]  And they're likely to get his boss and it will create problems for him.
[01:26:33.600 --> 01:26:37.080]  He only cares about collecting money.
[01:26:37.080 --> 01:26:48.120]  And since you're filing a criminal accusation, you have the same immunity that a judge has.
[01:26:48.120 --> 01:26:51.400]  You can't be touched.
[01:26:51.400 --> 01:26:59.000]  So once you file the complaint, if you get another letter from the IRS, then you charge
[01:26:59.000 --> 01:27:03.000]  whoever sent the letter with felony retaliation.
[01:27:03.000 --> 01:27:04.480]  Okay.
[01:27:04.480 --> 01:27:05.880]  Okay.
[01:27:05.880 --> 01:27:11.780]  There's a thing about the criminal side.
[01:27:11.780 --> 01:27:14.240]  Nobody uses it.
[01:27:14.240 --> 01:27:19.240]  But you know, the police, they want you to report crime.
[01:27:19.240 --> 01:27:26.400]  So in order to make it so that you can report crime, when you do report crime, you are absolutely
[01:27:26.400 --> 01:27:31.880]  immune from any retribution.
[01:27:31.880 --> 01:27:38.040]  If they say or do anything that you can in any way take as a threat, that bumps up to
[01:27:38.040 --> 01:27:42.280]  a felony really fast.
[01:27:42.280 --> 01:27:45.600]  It just puts the agent on the dime.
[01:27:45.600 --> 01:27:48.080]  They mostly feel like they can do anything they want to.
[01:27:48.080 --> 01:27:56.400]  We got an agent in Florida, in Fort Lauderdale, Florida, fired using this tactic.
[01:27:56.400 --> 01:28:03.480]  We went after her criminally and the U.S. attorney stepped in the middle and we filed
[01:28:03.480 --> 01:28:07.400]  criminal complaints against the U.S. attorney for shielding from prosecution.
[01:28:07.400 --> 01:28:14.880]  Two days later, the IRS agent was fired.
[01:28:14.880 --> 01:28:18.120]  Criminal complaints really work, but if this is your first time calling, do you listen
[01:28:18.120 --> 01:28:19.120]  to us very much?
[01:28:19.120 --> 01:28:20.120]  Yes.
[01:28:20.120 --> 01:28:21.120]  I've been listening periodically.
[01:28:21.120 --> 01:28:22.120]  Okay.
[01:28:22.120 --> 01:28:23.120]  Good.
[01:28:23.120 --> 01:28:27.760]  And you kind of understand where I'm going here.
[01:28:27.760 --> 01:28:28.760]  Yeah.
[01:28:28.760 --> 01:28:29.760]  Yeah.
[01:28:29.760 --> 01:28:36.320]  So just, they want to fight, take it back to them, except you don't fight by their rules,
[01:28:36.320 --> 01:28:38.120]  you fight by your rules.
[01:28:38.120 --> 01:28:39.120]  Yeah.
[01:28:39.120 --> 01:28:44.240]  And most likely, they're going to go try to collect from somebody else and leave you alone.
[01:28:44.240 --> 01:28:45.240]  Yeah.
[01:28:45.240 --> 01:28:52.880]  Now, they already thought to collect from me for a prior tax year, 2011 or so, I sent
[01:28:52.880 --> 01:29:00.240]  an assessment for that and, you know, I sent them information and after getting several
[01:29:00.240 --> 01:29:04.720]  letters they tossed everything and zeroed everything.
[01:29:04.720 --> 01:29:06.680]  And so that was just recently.
[01:29:06.680 --> 01:29:07.680]  Yeah.
[01:29:07.680 --> 01:29:13.720]  Well, see, it's all about collecting money and if you make it look like they're not going
[01:29:13.720 --> 01:29:19.280]  to be able to collect any money from you, they go with somebody else because their boss
[01:29:19.280 --> 01:29:24.200]  don't want to hear about this guy's a jerk and he'd give me a hard time, so we want to
[01:29:24.200 --> 01:29:25.200]  beat him up.
[01:29:25.200 --> 01:29:26.400]  No, no, no.
[01:29:26.400 --> 01:29:29.000]  We want to collect money.
[01:29:29.000 --> 01:29:33.360]  So if you make it hard to collect money from, they're likely to go somewhere else.
[01:29:33.360 --> 01:29:34.360]  Yeah.
[01:29:34.360 --> 01:29:35.360]  Okay.
[01:29:35.360 --> 01:29:36.360]  We are about to go to break.
[01:29:36.360 --> 01:29:39.360]  Do you have anything else for us?
[01:29:39.360 --> 01:29:46.600]  Other scenarios, too, was that I haven't filed any returns since, I guess, the past three
[01:29:46.600 --> 01:29:51.480]  years and I was wondering if this was in any way related to that, too.
[01:29:51.480 --> 01:29:52.480]  It's probably not.
[01:29:52.480 --> 01:29:53.480]  They would have noticed.
[01:29:53.480 --> 01:29:54.480]  Okay.
[01:29:54.480 --> 01:29:55.480]  We're about to go to break.
[01:29:55.480 --> 01:29:56.480]  We'll be right back.
[01:29:56.480 --> 01:30:07.960]  Did you know the sound of your voice could be used like a fingerprint to identify you?
[01:30:07.960 --> 01:30:12.520]  It's called a voice print and a growing number of corporations and governments are capturing
[01:30:12.520 --> 01:30:13.520]  them.
[01:30:13.520 --> 01:30:17.000]  I'm Dr. Catherine Albrecht and I'll be right back with details.
[01:30:17.000 --> 01:30:18.600]  Privacy is under attack.
[01:30:18.600 --> 01:30:22.200]  When you give up data about yourself, you'll never get it back again.
[01:30:22.200 --> 01:30:26.960]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:26.960 --> 01:30:32.080]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:32.080 --> 01:30:34.740]  Privacy, it's worth hanging on to.
[01:30:34.740 --> 01:30:39.040]  This public service announcement is brought to you by StartPage.com, the private search
[01:30:39.040 --> 01:30:42.560]  engine alternative to Google, Yahoo, and Bing.
[01:30:42.560 --> 01:30:46.020]  Start over with StartPage.
[01:30:46.020 --> 01:30:50.480]  Your voice is like a fingerprint made of sound with a unique pattern that can be captured,
[01:30:50.480 --> 01:30:52.880]  recorded, and used to identify you.
[01:30:52.880 --> 01:30:57.280]  Interpol, the international police force, wants voice prints from suspicious persons
[01:30:57.280 --> 01:30:58.280]  worldwide.
[01:30:58.280 --> 01:31:02.440]  The Pentagon is on board, too, and U.S. and British eavesdropping programs have amassed
[01:31:02.440 --> 01:31:04.120]  a mountain of data.
[01:31:04.120 --> 01:31:07.960]  These biometrics would let officials sift through that data to hone in on a particular
[01:31:07.960 --> 01:31:10.360]  person's voice, like a needle in a haystack.
[01:31:10.360 --> 01:31:14.640]  If that makes you nervous, watch out the next time you call a customer service line.
[01:31:14.640 --> 01:31:19.040]  Many corporations have started using voice print technology to authenticate customers
[01:31:19.040 --> 01:31:22.320]  and match their voices with their identities in the database.
[01:31:22.320 --> 01:31:24.200]  I'm Dr. Catherine Albrecht.
[01:31:24.200 --> 01:31:30.600]  More news and information at CatherineAlbrecht.com.
[01:31:30.600 --> 01:31:35.960]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.960 --> 01:31:40.640]  The government says that fire brought it down, however, 1,500 architects and engineers have
[01:31:40.640 --> 01:31:43.000]  concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:47.000]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:31:47.000 --> 01:31:48.440]  first responders are dying.
[01:31:48.440 --> 01:31:49.840]  I'm not a conspiracy theorist.
[01:31:49.840 --> 01:31:50.840]  I'm a structural engineer.
[01:31:50.840 --> 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 --> 01:31:54.920]  I'm a father who lost his son.
[01:31:54.920 --> 01:31:57.560]  We're Americans, and we deserve the truth.
[01:31:57.560 --> 01:32:00.760]  Go to RememberBuilding7.org today.
[01:32:00.760 --> 01:32:02.880]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.880 --> 01:32:06.160]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.160 --> 01:32:09.800]  Come on, we all know the government caused it with their chemtrails, but good luck getting
[01:32:09.800 --> 01:32:10.800]  them to pay for it.
[01:32:10.800 --> 01:32:14.440]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.440 --> 01:32:18.240]  That's why you have insurance, and Hill Country Home Improvements can handle the claim for
[01:32:18.240 --> 01:32:21.000]  you with little to no out-of-pocket expense.
[01:32:21.000 --> 01:32:25.240]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with
[01:32:25.240 --> 01:32:26.240]  zero complaints.
[01:32:26.240 --> 01:32:31.000]  You can trust Hill Country Home Improvements to handle your claim and your roof right the
[01:32:31.000 --> 01:32:32.000]  first time.
[01:32:32.000 --> 01:32:40.680]  Just call 512-992-8745, or go to hillcountryhomeimprovements.com, mention the crypto show, and get $100 off.
[01:32:40.680 --> 01:32:45.280]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.280 --> 01:32:50.440]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.440 --> 01:32:56.480]  That's 512-992-8745, or hillcountryhomeimprovements.com.
[01:32:56.480 --> 01:32:58.320]  Discounts are based on full roof replacement.
[01:32:58.320 --> 01:33:00.760]  May not actually be kidding about chemtrails.
[01:33:00.760 --> 01:33:23.440]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:23.440 --> 01:33:24.440]  We are back.
[01:33:24.440 --> 01:33:25.440]  We're ready to go.
[01:33:25.440 --> 01:33:26.440]  We've moved our radio.
[01:33:26.440 --> 01:33:28.040]  We're talking to Colin in Tennessee.
[01:33:28.040 --> 01:33:30.120]  Colin, I do need to move along.
[01:33:30.120 --> 01:33:42.360]  I am not the IRS guy, but if you will send me an email, send it to randy at ruleoflawradio.com.
[01:33:42.360 --> 01:33:44.960]  I will get this to Barry.
[01:33:44.960 --> 01:33:55.240]  Now, Barry Brooks is probably the guy who knows IRS code better than anyone else that
[01:33:55.240 --> 01:33:58.120]  I know of.
[01:33:58.120 --> 01:34:01.040]  If you'll send me an email, I will forward it to him.
[01:34:01.040 --> 01:34:03.920]  He's probably one of the nicest guys you'll ever meet.
[01:34:03.920 --> 01:34:07.680]  He can absolutely help you in how to handle this.
[01:34:07.680 --> 01:34:08.680]  Okay.
[01:34:08.680 --> 01:34:09.680]  All right.
[01:34:09.680 --> 01:34:12.680]  Well, thank you so much.
[01:34:12.680 --> 01:34:13.680]  Okay.
[01:34:13.680 --> 01:34:14.680]  Thank you, Colin.
[01:34:14.680 --> 01:34:15.680]  Okay.
[01:34:15.680 --> 01:34:19.160]  Now we're going to go back to Rader in Oregon.
[01:34:19.160 --> 01:34:20.160]  Hello, Rader.
[01:34:20.160 --> 01:34:21.160]  Hey, Randy.
[01:34:21.160 --> 01:34:22.160]  Thank you very much.
[01:34:22.160 --> 01:34:29.040]  Okay, this is what I've found or discovered during the intermission where you're helping
[01:34:29.040 --> 01:34:30.880]  to call us in Tennessee.
[01:34:30.880 --> 01:34:41.080]  I found in the Oregon Revised Statutes under Police General Authority, and if you'd like
[01:34:41.080 --> 01:34:43.800]  me to read some of them, I can do that.
[01:34:43.800 --> 01:34:51.080]  There's like one, two, and three, but the third one, third item in the Oregon Revised
[01:34:51.080 --> 01:34:56.160]  Statutes is a police officer shall not arrest a person for a traffic violation.
[01:34:56.160 --> 01:35:03.800]  Well, that's what happened to me last October in a different case that I think I had maybe
[01:35:03.800 --> 01:35:07.920]  a year to file a lawsuit against that officer.
[01:35:07.920 --> 01:35:11.760]  But in this case here, this officer- Wait a minute.
[01:35:11.760 --> 01:35:15.880]  How long do you have to file criminal charges against the officer?
[01:35:15.880 --> 01:35:18.240]  I believe it's one more year.
[01:35:18.240 --> 01:35:24.520]  It's coming up to one year now, in October when that occurred, so I believe it's two
[01:35:24.520 --> 01:35:28.480]  years for that.
[01:35:28.480 --> 01:35:35.760]  So file the criminal charge, and whoever you file it with, when they don't act on it, then
[01:35:35.760 --> 01:35:40.600]  you get your time to sue or get renewed.
[01:35:40.600 --> 01:35:49.200]  Right, that's a total of two years for that as well to pursue a civil case as well against
[01:35:49.200 --> 01:35:50.200]  the officer.
[01:35:50.200 --> 01:35:58.360]  But that's what I read there, and other items in here is that the officer may stop and detain
[01:35:58.360 --> 01:36:03.400]  a person for a traffic violation for the purposes of investigation reasonably related to the
[01:36:03.400 --> 01:36:07.400]  traffic violation identification and issuance of citation.
[01:36:07.400 --> 01:36:19.080]  That's what it says in the next part that's in the Organized Statutes under 810.4010 where
[01:36:19.080 --> 01:36:20.640]  it starts at.
[01:36:20.640 --> 01:36:24.960]  That's the particular section on general authority.
[01:36:24.960 --> 01:36:32.880]  Now trying to understand this, a police officer shall not arrest a person for a traffic violation.
[01:36:32.880 --> 01:36:42.040]  Okay, so my question about that is, did the officer arrest you for a traffic violation
[01:36:42.040 --> 01:36:47.680]  or something related to traffic that really wasn't under the traffic code?
[01:36:47.680 --> 01:36:56.800]  Like in Texas, driving on an invalid license is a class B misdemeanor and doesn't fall
[01:36:56.800 --> 01:36:59.800]  under the transportation code.
[01:36:59.800 --> 01:37:09.960]  Well, here in Oregon, at least in the initial, let's put it this way, if you're being stopped
[01:37:09.960 --> 01:37:16.920]  for say like the first or second time or third time, it's all considered civil infractions.
[01:37:16.920 --> 01:37:20.720]  But the officer, this particular officer in this particular traffic stop that just happened
[01:37:20.720 --> 01:37:26.880]  a month and a half or so ago, and the officer moved to have the case dismissed, in my favor?
[01:37:26.880 --> 01:37:27.880]  Yes.
[01:37:27.880 --> 01:37:33.160]  He says through conversion, if you keep doing this, he gave me a stern warning, if you continue
[01:37:33.160 --> 01:37:40.320]  to keep doing this, through conversion, they can up it to a misdemeanor if you continue
[01:37:40.320 --> 01:37:46.320]  to do this and actually serve jail time for these offenses.
[01:37:46.320 --> 01:37:55.280]  Okay, so do you have any idea why he moved to dismiss?
[01:37:55.280 --> 01:38:00.600]  That's what I have to investigate because I just got this in the mail this afternoon.
[01:38:00.600 --> 01:38:07.640]  And of course, you get the initial joy and sense of victory and zeal when you first receive
[01:38:07.640 --> 01:38:08.640]  it.
[01:38:08.640 --> 01:38:16.640]  But now I have to go down to that particular court and inquire as to why.
[01:38:16.640 --> 01:38:20.360]  That'll determine whether or not you have a claim against him.
[01:38:20.360 --> 01:38:21.360]  Right.
[01:38:21.360 --> 01:38:29.640]  Well, as what Eddie always says, civil infractions in your state, the traffic stop in itself
[01:38:29.640 --> 01:38:30.640]  is illegal.
[01:38:30.640 --> 01:38:35.040]  That's what he emphasizes many times.
[01:38:35.040 --> 01:38:38.560]  So it doesn't matter about arguing transportation at this point.
[01:38:38.560 --> 01:38:40.800]  Why are you arguing that?
[01:38:40.800 --> 01:38:45.280]  The stop itself is the offense committed against the individual.
[01:38:45.280 --> 01:38:53.400]  Well, are they statutorily given the right to stop for a civil infraction?
[01:38:53.400 --> 01:38:58.880]  It sounded like you read that they were.
[01:38:58.880 --> 01:39:07.720]  Now, as it says, for traffic violations, that's what the language that they use.
[01:39:07.720 --> 01:39:11.600]  But if you look behind that, that's civil infraction.
[01:39:11.600 --> 01:39:16.480]  It falls under the category of civil infraction that it's not pursuant to the penal code.
[01:39:16.480 --> 01:39:22.600]  Yeah, but it sounds like that's a special statute that gives them specific authorization
[01:39:22.600 --> 01:39:26.000]  to stop for this specific purpose.
[01:39:26.000 --> 01:39:27.000]  Yeah.
[01:39:27.000 --> 01:39:35.960]  It says that we have one officer witnesses when a traffic violation is committed in the
[01:39:35.960 --> 01:39:43.240]  police officer's presence, but they're saying where they claim it all.
[01:39:43.240 --> 01:39:52.840]  That's relatively consistent with other states' codes that arrest for traffic has to be on
[01:39:52.840 --> 01:39:53.840]  site.
[01:39:53.840 --> 01:39:54.840]  Yes.
[01:39:54.840 --> 01:39:55.840]  Okay.
[01:39:55.840 --> 01:39:59.800]  But he is given specific authorization.
[01:39:59.800 --> 01:40:05.000]  So the fact that it may be a civil infraction becomes irrelevant because there is a special
[01:40:05.000 --> 01:40:08.640]  statute specifically authorizing this arrest.
[01:40:08.640 --> 01:40:09.640]  Right.
[01:40:09.640 --> 01:40:13.520]  But then it also says it cannot.
[01:40:13.520 --> 01:40:18.240]  But it's kind of a contradiction because it says the officer shall not arrest the person
[01:40:18.240 --> 01:40:22.640]  for a traffic violation, but the traffic stop is a custodial arrest of itself.
[01:40:22.640 --> 01:40:34.160]  Well, they're making a statutory distinction between a Terry stop and an actual arrest.
[01:40:34.160 --> 01:40:40.880]  The stop for the purpose of investigation sufficient to determine whether or not a crime
[01:40:40.880 --> 01:40:43.600]  has been committed for which you can be arrested.
[01:40:43.600 --> 01:40:47.880]  If they don't find something for which you can be arrested, there's a limited amount
[01:40:47.880 --> 01:40:52.840]  of time they can hold you for investigation, then they have to release.
[01:40:52.840 --> 01:40:53.840]  Right.
[01:40:53.840 --> 01:40:54.840]  Right.
[01:40:54.840 --> 01:40:55.840]  Yeah.
[01:40:55.840 --> 01:40:56.840]  And they always do this.
[01:40:56.840 --> 01:41:03.680]  They give the citations as well, I'm not authorizing you to be able to drive away, sir, but you
[01:41:03.680 --> 01:41:06.480]  make the adult decision on your own.
[01:41:06.480 --> 01:41:09.520]  It's not to say that another officer won't stop you.
[01:41:09.520 --> 01:41:13.120]  And they always say, well, you're legally parked, so I won't tow the vehicle as they
[01:41:13.120 --> 01:41:18.200]  say, but not to say that another officer shall not do so.
[01:41:18.200 --> 01:41:19.200]  Yeah.
[01:41:19.200 --> 01:41:24.080]  So in that mind, you make your own decisions and choices, and then they part ways.
[01:41:24.080 --> 01:41:25.080]  Okay.
[01:41:25.080 --> 01:41:27.720]  I do have one more caller.
[01:41:27.720 --> 01:41:29.920]  Do you have anything else for us?
[01:41:29.920 --> 01:41:30.920]  Yes.
[01:41:30.920 --> 01:41:31.920]  What do I do now?
[01:41:31.920 --> 01:41:32.920]  What's my next move?
[01:41:32.920 --> 01:41:33.920]  What's my next move?
[01:41:33.920 --> 01:41:34.920]  What's my next move?
[01:41:34.920 --> 01:41:35.920]  What's my next move?
[01:41:35.920 --> 01:41:36.920]  First thing, yeah.
[01:41:36.920 --> 01:41:37.920]  I would want to know...
[01:41:37.920 --> 01:41:38.920]  What's my next move?
[01:41:38.920 --> 01:41:39.920] ...what the grounds were for dismissal.
[01:41:39.920 --> 01:41:40.920]  Okay.
[01:41:40.920 --> 01:41:41.920]  Grounds for dismissal?
[01:41:41.920 --> 01:41:42.920]  Yeah.
[01:41:42.920 --> 01:41:47.920]  So I need to go down to that particular court and ask them, what's the grounds for dismissal?
[01:41:47.920 --> 01:41:48.920]  Yeah.
[01:41:48.920 --> 01:41:54.480]  Because the officer, I would think, so you'd ask the judge, did the officer just say, well,
[01:41:54.480 --> 01:41:58.280]  I want to dismiss it, or did you ask him why?
[01:41:58.280 --> 01:42:02.400]  Can he dismiss the criminal accusation without cause?
[01:42:02.400 --> 01:42:05.080]  I'm going to bet he can't.
[01:42:05.080 --> 01:42:07.600]  I don't know if I stirred something up.
[01:42:07.600 --> 01:42:12.200]  I stirred a cyclone up there in the court, but when I opened up my initial arraignment,
[01:42:12.200 --> 01:42:24.680]  I made my intentions to the court that I will, shall pursue, filing charges for this civil
[01:42:24.680 --> 01:42:28.480]  infraction where the officer did not have subject matter jurisdiction.
[01:42:28.480 --> 01:42:31.360]  This court doesn't have subject matter jurisdiction in this case.
[01:42:31.360 --> 01:42:37.080]  And if you don't dismiss, I shall file complaints to that.
[01:42:37.080 --> 01:42:41.920]  And that's what I told the judge in court on the arraignment.
[01:42:41.920 --> 01:42:51.160]  So that's where it stood, and that was my last words before she said, okay, well, I'll
[01:42:51.160 --> 01:42:57.960]  set the trial date for September 29th in this department at 10 a.m., and inter-plea, and
[01:42:57.960 --> 01:43:00.480]  not guilty, and you're on your behalf, and all that.
[01:43:00.480 --> 01:43:12.560]  So, yeah, you might put in a request for the reason for dismissal, so then you won't know
[01:43:12.560 --> 01:43:19.400]  what to do until you see that or don't see it, but I'll have to think about what you
[01:43:19.400 --> 01:43:21.520]  do if you don't get a response.
[01:43:21.520 --> 01:43:22.520]  Right.
[01:43:22.520 --> 01:43:28.120]  Yeah, that's the next thing I understand, one way or the other, you know.
[01:43:28.120 --> 01:43:29.120]  Yes.
[01:43:29.120 --> 01:43:30.120]  Okay.
[01:43:30.120 --> 01:43:33.720]  So, Raider, we're going to go to Mark in Texas.
[01:43:33.720 --> 01:43:36.720]  Hello, Mark.
[01:43:36.720 --> 01:43:47.560]  Hello, Mark, are you there?
[01:43:47.560 --> 01:43:50.560]  I'm not hearing you.
[01:43:50.560 --> 01:44:00.520]  Okay, it looks like we may have lost Mark, but we'll be right back.
[01:44:00.520 --> 01:44:06.560]  Non-GMOsolutions.com is now a proud sponsor of the Logos Radio Network with promo code
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[01:46:13.480 --> 01:46:14.480]  Okay.
[01:46:14.480 --> 01:46:15.480]  We are back.
[01:46:15.480 --> 01:46:19.280]  We're into Kevin Falcon, Rule of Law Radio, and we're going to Mark in Texas.
[01:46:19.280 --> 01:46:20.280]  Hello, Mark.
[01:46:20.280 --> 01:46:21.280]  Hi, Randy.
[01:46:21.280 --> 01:46:22.280]  Good evening.
[01:46:22.280 --> 01:46:23.280]  Good evening.
[01:46:23.280 --> 01:46:25.280]  What do you have for us today?
[01:46:25.280 --> 01:46:31.800]  Well, you and I have talked a lot, and it's always been good.
[01:46:31.800 --> 01:46:37.120]  I'm calling because I've got a short, sweet question, and it might wrap things up if you
[01:46:37.120 --> 01:46:39.880]  don't have anybody else to call then.
[01:46:39.880 --> 01:46:45.320]  I have a case for wrongful foreclosure, pretty sure, I have a void judgment, I have a void
[01:46:45.320 --> 01:46:51.720]  assignment that renders everything that came after it void, and in reaching out and trying
[01:46:51.720 --> 01:47:00.120]  to find an attorney who might be able to handle this so that I am on the... What is the right
[01:47:00.120 --> 01:47:01.120]  expression?
[01:47:01.120 --> 01:47:07.600]  So that I suffer no undue prejudice and no unjust prejudice, I'm finding it to be kind
[01:47:07.600 --> 01:47:10.040]  of a difficult thing.
[01:47:10.040 --> 01:47:14.840]  I'm kind of putting together something of a prospectus that I could put in front of
[01:47:14.840 --> 01:47:18.920]  some of these people, because I've had some people that were recommended who have actually
[01:47:18.920 --> 01:47:27.760]  taken the Wisconsin PSU, and they still don't seem to get this, but my question to you is,
[01:47:27.760 --> 01:47:35.120]  I wanted to ask you if you could suggest a good strategy or a good place to search to
[01:47:35.120 --> 01:47:41.800]  actually find wrongful foreclosure cases, many of them are not published, any idea how
[01:47:41.800 --> 01:47:45.840]  I can find unpublished material or...
[01:47:45.840 --> 01:47:52.800]  Yes, at least in Tarrant County I know how.
[01:47:52.800 --> 01:48:03.840]  Foreclosure is a code, you can go to the county and they generally have cases listed by codes,
[01:48:03.840 --> 01:48:13.320]  and I know Tarrant County has foreclosure and they have a separate code for home equity
[01:48:13.320 --> 01:48:15.640]  loans.
[01:48:15.640 --> 01:48:24.160]  So you could probably do a search for anything relating to foreclosure, and wrongful foreclosure
[01:48:24.160 --> 01:48:28.440]  would be in there, you'd get all the cases on that issue.
[01:48:28.440 --> 01:48:34.400]  Interesting, I've noticed there's one in Houston where they were awarded about five
[01:48:34.400 --> 01:48:38.480]  million dollars, whatever, tonight as you were talking a little bit earlier and you
[01:48:38.480 --> 01:48:44.840]  were asking a lady for the PUD-1 statement, the note, etc., my takeaway there was, hey,
[01:48:44.840 --> 01:48:50.920]  I remember you talking about this, you have a method for coming up with a number there
[01:48:50.920 --> 01:48:58.560]  that's a whole lot lower and probably a whole lot more just than what you might find on
[01:48:58.560 --> 01:49:08.600]  a common note, you're financing 99,000 bucks or whatever, anyway, interesting, that's really
[01:49:08.600 --> 01:49:15.240]  all I was wanting to know, how I might find some good information about wrongful foreclosure
[01:49:15.240 --> 01:49:16.240]  cases.
[01:49:16.240 --> 01:49:21.320]  I found a blog with an attorney in the state of Missouri who was mentioned in two cases,
[01:49:21.320 --> 01:49:26.560]  little things like this, but it seems like it's very hard to find cases out there in
[01:49:26.560 --> 01:49:33.000]  just doing a Google search or maybe just going to Google Scholar, even typing in wrongful
[01:49:33.000 --> 01:49:37.280]  foreclosure, is that the best search term there, do you have any feeling on that?
[01:49:37.280 --> 01:49:45.680]  Well, when I do research, I don't even use Google Scholar, I have not had good luck with
[01:49:45.680 --> 01:49:53.120]  Google Scholar, I just do a regular search, we've got a lot of lawyers out there who post
[01:49:53.120 --> 01:50:01.600]  articles mainly so that other lawyers will find their articles, and 50% of all a lawyer's
[01:50:01.600 --> 01:50:11.800]  business tends to be referrals from other lawyers, so I just do a Google search on whatever
[01:50:11.800 --> 01:50:20.440]  the subject is, and I find all sorts of treatises, I find briefs, I find court cases, I do better
[01:50:20.440 --> 01:50:27.040]  just with Google than anything else, and mainly you'll find a lot of lawyers who are posting
[01:50:27.040 --> 01:50:37.160]  articles on the subject that you're looking for, the more closely you can define the subject,
[01:50:37.160 --> 01:50:47.000]  the more likely you are to get a lawyer that's dead on what you do, and man, I find briefs,
[01:50:47.000 --> 01:50:55.840]  I do, legal research takes me no time now, because there's so much out there by these
[01:50:55.840 --> 01:51:03.800]  lawyers trying to get business that it's easy to find, and finding lawyers who do foreclosure
[01:51:03.800 --> 01:51:10.680]  defense, just put a search for wrongful foreclosure, and start looking at the articles you get
[01:51:10.680 --> 01:51:16.000]  and see who wrote them, it's almost always an attorney, you know.
[01:51:16.000 --> 01:51:23.760]  In the state where I'm looking, and even those that say they do it still don't quite get
[01:51:23.760 --> 01:51:28.560]  it, there are a few that I might actually revisit, so it's kind of an interesting thing,
[01:51:28.560 --> 01:51:35.600]  but it's almost like I have to sell this case to them, and go the extra mile to do it, so
[01:51:35.600 --> 01:51:40.720]  it's definitely a pain, but I'm sure it's going to happen.
[01:51:40.720 --> 01:51:44.720]  And it's part of the fact that the lawyer's in business to make money, and you've got
[01:51:44.720 --> 01:51:50.720]  to, probably when you talk to lawyers, you probably scare them.
[01:51:50.720 --> 01:51:57.720]  Oh sure, you know, the last guy I spoke to said, I'm curious, you know, why you didn't
[01:51:57.720 --> 01:51:58.720]  hire a lawyer?
[01:51:58.720 --> 01:52:03.640]  And I said, well, I couldn't find one, I looked, there was nobody that really impressed
[01:52:03.640 --> 01:52:10.760]  upon me that they were truly qualified to do it, had won things, the guy that kept getting
[01:52:10.760 --> 01:52:15.920]  referred didn't know the most crucial case in the state, but I mentioned it to him, he
[01:52:15.920 --> 01:52:22.080]  wasn't familiar with it, and I thought, this guy couldn't possibly be the right guy.
[01:52:22.080 --> 01:52:26.880]  Yeah, you probably terrify lawyers.
[01:52:26.880 --> 01:52:33.440]  Lawyers really hate knowledgeable clients.
[01:52:33.440 --> 01:52:36.000]  They should, you know.
[01:52:36.000 --> 01:52:42.920]  It's hard to manipulate and screw around a knowledgeable client.
[01:52:42.920 --> 01:52:47.520]  Yeah, well, without a doubt, I suspect that.
[01:52:47.520 --> 01:52:51.080]  I cannot hire a lawyer, period.
[01:52:51.080 --> 01:52:57.240]  I went to a law firm, I was looking for one, the guy used to be the district attorney,
[01:52:57.240 --> 01:53:02.920]  and he had set up his own law firm, and there was this young guy there, and I told him that
[01:53:02.920 --> 01:53:11.960]  I had a small claims court issue where a title company didn't return, or returned to earn
[01:53:11.960 --> 01:53:17.320]  this money that was non-refundable, and I just wanted to see if we could get the five
[01:53:17.320 --> 01:53:18.320]  grand back.
[01:53:18.320 --> 01:53:26.080]  So he said, oh yeah, we can handle that, and then Sunday morning he called me and said,
[01:53:26.080 --> 01:53:29.720]  Mr. Kelton, I can't represent you.
[01:53:29.720 --> 01:53:34.240]  I said, you found out who I was, didn't you?
[01:53:34.240 --> 01:53:41.600]  Yes, Mr. Kelton, I did, and I can't represent you.
[01:53:41.600 --> 01:53:44.200]  Dishonorable guy.
[01:53:44.200 --> 01:53:51.360]  He just knew that I knew more about the law he was adjudicating than he did, and he had
[01:53:51.360 --> 01:53:55.680]  had his boss warn him off me.
[01:53:55.680 --> 01:54:01.440]  I cannot get a lawyer to represent me, because they're afraid of people who know more than
[01:54:01.440 --> 01:54:09.800]  they do, or if not more, they know enough to know when the lawyer is screwing them around,
[01:54:09.800 --> 01:54:12.920]  because they want to be able to do what they want to do.
[01:54:12.920 --> 01:54:20.640]  They're in business to make money, they're not in business to adjudicate my case.
[01:54:20.640 --> 01:54:30.020]  So if he looks at my case, he gets his retainer, he wants to use up the retainer, but his problem
[01:54:30.020 --> 01:54:36.200]  with me is when he uses up the retainer and he tries to withdraw, I'm not going to let
[01:54:36.200 --> 01:54:40.320]  him, and he'll be stuck with me.
[01:54:40.320 --> 01:54:47.280]  He knows I know how it works, and that's a problem when you're too knowledgeable.
[01:54:47.280 --> 01:54:51.800]  I do not find lawyers, for the most part, very knowledgeable at all.
[01:54:51.800 --> 01:54:53.360]  On occasion, I can find one.
[01:54:53.360 --> 01:55:03.400]  You might look at lawyers who do appeal work, they get the bigger bucks, but they also are
[01:55:03.400 --> 01:55:04.400]  smarter.
[01:55:04.400 --> 01:55:09.320]  So you might find one of them that'll pick up your case.
[01:55:09.320 --> 01:55:10.880]  That's a good possibility.
[01:55:10.880 --> 01:55:11.880]  For me, it's interesting.
[01:55:11.880 --> 01:55:16.920]  I've talked to people who are law professors, and I'm figuring, okay, this person's going
[01:55:16.920 --> 01:55:24.200]  to be even more scholarly than a common guy out there in the political trenches, and then
[01:55:24.200 --> 01:55:29.520]  I'm trying to explain to the guy, hey, look, if there has been a fraud upon the court,
[01:55:29.520 --> 01:55:31.960]  you can go back to the court at any time.
[01:55:31.960 --> 01:55:37.280]  If there's a void judgment, it's as though it never happened, res judicata doesn't apply.
[01:55:37.280 --> 01:55:43.840]  I love what you were saying about 12b6, because I did not know what you had said there.
[01:55:43.840 --> 01:55:55.200]  The idea of rescission, if you go back and you simply discover more than $35 of erroneous
[01:55:55.200 --> 01:56:09.680]  accounting or something, I'm going to read the whole thing, and I'll never ask you about
[01:56:09.680 --> 01:56:12.720]  it ever again, unless I know what I'm talking about.
[01:56:12.720 --> 01:56:17.880]  1635i is right down there at the end, and it's not very big.
[01:56:17.880 --> 01:56:24.120]  You've just got, I think, I think J or K is all they got.
[01:56:24.120 --> 01:56:30.800]  So there's not very, 1635 Truth in the Ending Act, and this section's not very big.
[01:56:30.800 --> 01:56:45.240]  1635 is all rescission, 1635f is a three-year rescission, 1635i is after notice of acceleration.
[01:56:45.240 --> 01:56:50.720]  Well, that'll be some fun.
[01:56:50.720 --> 01:56:57.440]  I don't know how it's going to apply one way or another with respect to what I've got.
[01:56:57.440 --> 01:57:06.560]  It's the thing that I'm figuring out is it doesn't really matter what the law says.
[01:57:06.560 --> 01:57:13.040]  It matters what you can get the courts to do, and the politics and the money, that's
[01:57:13.040 --> 01:57:16.040]  what matters.
[01:57:16.040 --> 01:57:20.600]  If I can cost them a lot of money, I can bring them to the table.
[01:57:20.600 --> 01:57:25.480]  If I file a suit that's frivolous, you know, they may jump up and down and wave their arms
[01:57:25.480 --> 01:57:30.360]  and rail in righteous indignation, but the judge is going to just dismiss my case.
[01:57:30.360 --> 01:57:37.200]  If they file one that's frivolous, the judge is going to bank them good.
[01:57:37.200 --> 01:57:41.720]  So try to get people to understand it's not always about what you can actually adjudicate.
[01:57:41.720 --> 01:57:48.480]  It's what you can beat them up with, and I know I get some negative feedback for that,
[01:57:48.480 --> 01:57:57.120]  but I'm learning how to be a pro se shyster, and I like it.
[01:57:57.120 --> 01:58:04.880]  Okay, I did something wrong, so there's no remedy for me doing that wrong.
[01:58:04.880 --> 01:58:05.880]  So who cares?
[01:58:05.880 --> 01:58:06.880]  I move in.
[01:58:06.880 --> 01:58:12.760]  Well, thanks very much, and thanks for everything you do.
[01:58:12.760 --> 01:58:16.320]  Keep up the good work, and God bless you, Pam.
[01:58:16.320 --> 01:58:17.320]  Thank you.
[01:58:17.320 --> 01:58:18.320]  Thank you, Mark.
[01:58:18.320 --> 01:58:23.040]  This is Randy Kelton, Rule of Law Radio.
[01:58:23.040 --> 01:58:30.280]  We will be back next Thursday at eight o'clock for our Thursday show, and then Friday, eight
[01:58:30.280 --> 01:58:36.480]  o'clock, Thursday eight to ten, Friday eight to midnight, and make sure you pick up Eddie
[01:58:36.480 --> 01:58:39.800]  Craig on Mondays eight to ten.
[01:58:39.800 --> 01:58:46.120]  He filled in for me Thursday, and I appreciated that, but Eddie's still a chump.
[01:58:46.120 --> 01:58:50.160]  Thank you all, and good night.
[01:58:50.160 --> 01:59:20.080]  Thank you, and God bless you.
[01:59:20.160 --> 01:59:49.120]  Thank you, and God bless you.
[01:59:51.160 --> 01:59:52.160]  Looking for some truth?
[01:59:52.160 --> 01:59:53.160]  You found it.
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