ROL_2016-09-09_16k_Hr1-2.timecode

[00:00.000 --> 00:07.760]  The following use flash is brought to you by the Lone Star Lowdown. Providing the jelly
[00:07.760 --> 00:15.360]  bulletins for the commodities market. Today in history, news updates and the inside scoop
[00:15.360 --> 00:17.040]  into the tides of the alternative.
[00:22.880 --> 00:26.320]  Markets for Labor Day, Monday the 5th of September 2016,
[00:26.320 --> 00:35.680]  closed with gold $1,326.90 an ounce, silver $19.53 an ounce, Texas crude $44.44 a barrel,
[00:35.680 --> 00:39.520]  and bitcoin is currently sitting at about $606 US currency.
[00:45.120 --> 00:51.440]  Today in history, the year 1698, in an effort to westernize his nobility, the Tsar of Russia,
[00:51.440 --> 00:56.720]  Peter I, imposes a tax on beards for all men except the clergy and peasantry. Though believe
[00:56.720 --> 01:01.360]  it not, it wasn't the first beard tax in history. Those who did resist the tax on beards were
[01:01.360 --> 01:05.280]  forcibly and publicly shaven. The Tsar beard tax today in history.
[01:09.440 --> 01:15.680]  In recent news, the 11th meeting of the group of 20, or G20, is underway with the 2016 G20
[01:15.680 --> 01:20.240]  Hangs Out Summit. It will be held on the 4th and 5th of September. It is the first G20
[01:20.240 --> 01:25.520]  summit to be hosted in China and the second in an Asian country with the 2010 G20 Seoul
[01:25.520 --> 01:29.600]  summit in South Korea. Apparently only some vehicles have been allowed through the city.
[01:29.600 --> 01:33.920]  Construction sites were stopped. Inhabitants received a week-long holiday being encouraged
[01:33.920 --> 01:37.680]  to leave the city for the week, and hundreds of factories in the region were asked to stop
[01:37.680 --> 01:41.920]  their production, all in the last-minute effort to temporarily reduce air pollution.
[01:41.920 --> 01:46.560]  This comes days after President Barack Obama and Xi Jinping announced the ratification of the
[01:46.560 --> 01:50.640]  Paris Climate Change Agreement of the 2015 United Nations Climate Change Conference.
[01:50.640 --> 01:54.240]  Some of the main themes of the summit include fighting tax evasion through the formulation of
[01:54.240 --> 01:58.560]  a tax haven blacklist, fiscal stimulus, and innovation to boost economic growth in the
[01:58.560 --> 02:03.520]  G20 countries, combating populist attacks against globalization, and strengthening support for
[02:03.520 --> 02:12.720]  refugees. The United Nations Security Council will meet tomorrow to discuss the latest missile
[02:12.720 --> 02:16.880]  tests launched by North Korea. They apparently fired three ballistic missiles into the Sea of
[02:16.880 --> 02:21.680]  Japan today from a site on their eastern coast. South Korea's joint chief of staff are saying
[02:21.680 --> 02:26.160]  that they identified the type of projectile as being the Rodong missile, which has a range of
[02:26.160 --> 02:30.720]  up to 1,000 kilometers. North Korea has continued its series of missile tests this year in opposition
[02:30.720 --> 02:35.600]  to the UN sanctions imposed after its fourth nuclear test in January. Today's missile firings
[02:35.600 --> 02:40.320]  are concerning since world leaders are currently meeting in the eastern Chinese city of Hangzhou
[02:40.320 --> 02:45.920]  for the two-day G20 summit. The Japanese cabinet secretary Yoshihide Suga did state that, quote,
[02:45.920 --> 02:50.400]  this launches a clear attack of provocation not only to our own country but to the international
[02:50.400 --> 03:11.760]  community. This is Rick Brody with your Lowdown for September 5th, 2016.
[03:21.360 --> 03:30.960]  Okay. Howdy, howdy. This is Randy Kelton, Rule of Law Radio on this Friday, the 9th day of September
[03:30.960 --> 03:40.560]  2016. Okay. We have our four-hour info marathon. I will have the phones on all night. So if you
[03:40.560 --> 03:49.360]  have a question or a comment, give us a call. 512-646-1984. And I'm going to start out by
[03:49.360 --> 03:58.480]  talking about statements of facts and, or not statement of facts, but how to write legal
[03:58.480 --> 04:13.280]  documents. I had someone today prepared a, what do you call it, a suit against the city of Rockwall
[04:13.280 --> 04:20.640]  that Scott, he calls it on a regular basis. Then he put, he's putting together a Rico suit. And
[04:22.080 --> 04:27.440]  he sent me a copy of it. And the first thing I read was the introduction, because that's the
[04:27.440 --> 04:36.240]  beginning. And it was horrible. It was atrocious. And I ripped into pieces about it. And he's been
[04:36.240 --> 04:42.160]  working on it. He called me back today and we were talking about it. And I referred him to my ebook.
[04:42.160 --> 04:48.640]  I've indicated that I'm writing an ebook. It's taking a while because it's rather long and
[04:48.640 --> 05:00.480]  involved, but I'm trying to clarify some understandings that I've developed over these
[05:00.480 --> 05:08.240]  last 30 years or so of writing legal documents and dealing with public officials
[05:08.240 --> 05:16.160]  and doing this radio show, which frankly has been very beneficial. I've developed some ways
[05:16.160 --> 05:25.520]  of doing things that will help you to consistently produce well-structured legal documents.
[05:26.560 --> 05:31.200]  And Scott Scott is on the line. So I'm going to bring him in. Hello, Mr. Scott.
[05:32.720 --> 05:34.000]  Hey Randy, what happened?
[05:34.000 --> 05:41.120]  Okay. I was just telling everybody how horribly atrocious your legal documents were and how I
[05:41.120 --> 05:48.400]  just unmercifully ripped you to shreds and enjoyed every minute of it.
[05:49.600 --> 06:00.400]  Yeah. It's not uncommon. The thing is on this is just going to be just straight, practically
[06:00.400 --> 06:06.000]  on the administrative side, but it's just immediately going and attacking them.
[06:06.000 --> 06:14.800]  I've reworked it and I went and looked at those, what was they?
[06:19.360 --> 06:24.160]  You're not old enough to start forgetting that way yet. You'll get there, maybe.
[06:24.160 --> 06:33.280]  Did you look at the ebook I sent you? I think he fell asleep and dropped the phone.
[06:34.640 --> 06:40.160]  Scott just dropped, but he has a copy of this, the working copy of this ebook.
[06:42.480 --> 06:49.440]  Primarily I wanted him to go through it and rip it to shreds the same way I rip his documents.
[06:49.440 --> 06:57.680]  But in talking to Scott, I went through some of the basic principles and I'd like to go through
[06:57.680 --> 07:08.720]  a few of those and at least the very basics in the beginning. The first thing you do before you
[07:08.720 --> 07:17.760]  write a legal document or when you begin the process of writing a legal document is to write
[07:17.760 --> 07:26.400]  the prayer, the prayer and the order. Writing a legal document is not like writing a novel
[07:26.400 --> 07:36.640]  or a story of general interest. Legal writing is exceptionally purposeful.
[07:36.640 --> 07:45.200]  You have a purpose in writing the legal document. It is of paramount importance that you know what
[07:45.200 --> 07:56.320]  that purpose is. If you haven't written the prayer, then you only have a vague general idea of where
[07:56.320 --> 08:04.000]  you're trying to get to. And with a vague idea, you're trying to get to the point where you're
[08:04.000 --> 08:09.600]  trying to get to. And with a vague and general idea, you're going to vaguely and generally
[08:11.200 --> 08:18.640]  talk about what you really want. If you are to achieve a specific outcome, you must first
[08:18.640 --> 08:23.840]  determine exactly what that outcome is. And the best way to do that with a legal document
[08:23.840 --> 08:35.920]  is write the prayer and the order, the two mirror one another. If you're going to have a jury trial
[08:35.920 --> 08:46.400]  or even if you're not going to have a jury trial, always look at the claims you're going to make,
[08:46.400 --> 09:02.400]  the causes of action or claims by tort or whatever nature, and seek out the pattern jury charges.
[09:03.840 --> 09:13.760]  The courts and the legal society has developed a set of pattern jury charges for reading to juries
[09:13.760 --> 09:23.200]  after the culmination of a case. The last thing the judge will say to the jury is this,
[09:24.640 --> 09:35.360]  this is what you must find. And then he will walk through the elements of each cause of action.
[09:35.360 --> 09:43.840]  You must find each of these elements. If anyone is missing, you cannot find in favor of the
[09:43.840 --> 09:55.200]  plaintiff. How many of you have written a legal document and made a claim, but have never looked
[09:55.200 --> 10:06.160]  at what the judge will tell the jury. It must find what the judge tells the jury. It must find.
[10:07.120 --> 10:15.200]  If you are before the court, the judge and not a jury, this is precisely what the judge must find.
[10:15.200 --> 10:24.240]  This is precisely what you must present to the court and prove. Writing your prayer
[10:25.680 --> 10:34.880]  and your order will give you focus for the entire document. Once you have the prayer and the order
[10:34.880 --> 10:45.600]  down, and you can get assistance in developing those by reading the pattern jury charges.
[10:46.160 --> 10:51.600]  In the prayer, you say you move the court to find this element's present, this element's present.
[10:52.960 --> 11:03.440]  Example, you move the court to find that defendant made a proactive statement to the judge.
[11:03.440 --> 11:12.160]  Defendant made a proactive statement of fact to plaintiff. Defendant knew the proactive statement
[11:12.160 --> 11:20.400]  of fact was false. Defendant intended that plaintiff accept the statement as true.
[11:21.920 --> 11:27.600]  Plaintiff accepted the statement as true. Plaintiff was harmed thereby. And therefore,
[11:27.600 --> 11:38.320]  the defendant has a right to recovery as follows. The pattern jury charges will walk you through
[11:38.320 --> 11:48.720]  each of the elements, just like I did for the non-disclosure. Each cause of action, each tort,
[11:48.720 --> 11:56.880]  each due process claim, they will all have a set of elements which must be present,
[11:56.880 --> 12:03.680]  you must prove. And once you've proved them, the law will prescribe certain remedies you
[12:03.680 --> 12:10.640]  have a right to based on the case law. So start out with the prayer and the order,
[12:10.640 --> 12:18.560]  and then go to your conclusion. What are you ultimately going to attempt to prove to the court?
[12:19.760 --> 12:25.440]  Now, once you have that down, now you can always change this later. This just gives you something
[12:25.440 --> 12:35.360]  to work from. Then write a statement of facts. When you write your statement of facts, always have
[12:35.360 --> 12:45.760]  always have the prayer to the court clearly in mind. Every word that goes on your document
[12:46.800 --> 12:52.480]  should lead you toward the prayer you will have at the end of the document.
[12:54.160 --> 12:58.080]  I hope this makes sense. Of all the things to do, prayer is probably,
[12:59.040 --> 13:04.560]  writing the prayer first is probably the most important. It will guide you in everything else
[13:04.560 --> 13:10.480]  you've got, Scott. Yeah, I'm back. We got intercepted there for a minute.
[13:11.760 --> 13:15.760]  Okay. Did you, after we talked this morning, did you sit down and write a prayer?
[13:17.040 --> 13:22.640]  Oh, yeah. Yeah. Actually, when I was talking to another person, he said,
[13:22.640 --> 13:26.000]  wherefore was also a prayer. And that's the way it was.
[13:26.000 --> 13:36.000]  Yeah, that's that's hocus pocus mumbo jumbo. Every time I read something about how to write
[13:36.000 --> 13:43.600]  legal documents, the last one was by a Supreme Court judge out of Ohio. He was a Supreme Court
[13:43.600 --> 13:49.760]  judge, and now he's a professor at a law school. And he said, get away from all of this
[13:49.760 --> 14:01.680]  legalese jargon. It's unnecessary. Write plain English. Judges understand plain English.
[14:02.720 --> 14:05.840]  They don't need wherefores. Wherefore is not a prayer.
[14:07.120 --> 14:13.760]  No, I read a prayer. Depends on where the prayer, where wherefore, where you use wherefore.
[14:13.760 --> 14:21.520]  By the way, what does wherefore mean? Oh, wherefore. I don't know.
[14:21.520 --> 14:25.440]  Okay. Do not ever use a word you can't define.
[14:28.400 --> 14:31.280]  When you hear a word like this, the first thing you do is go look it up.
[14:33.200 --> 14:39.680]  Just Google it. See what it means. Do not use terms you don't understand.
[14:39.680 --> 14:44.240]  In the prayer, you don't need to use wherefore or anything. Your honor, the dirty rotten
[14:44.240 --> 14:49.440]  scoundrel did this. I proved this, this and this, and therefore I have a right to this. That's it.
[14:50.400 --> 14:54.000]  All you're doing is telling the judge what you want. And the less
[14:56.960 --> 15:02.960]  it means the convoluted language you use, the easier it's going to be for the judge to
[15:03.920 --> 15:06.640]  understand what you're talking about and give you a ruling in your favor.
[15:06.640 --> 15:10.640]  Understand what you're talking about and give you a ruling in your favor. Go ahead. I interrupted
[15:10.640 --> 15:18.880]  you. Oh, I said it means for what reason, but anyhow. But yeah, I do have a prayer put in here
[15:18.880 --> 15:25.040]  now because I thought it was pretty direct. And then going and after looking at some of the
[15:25.040 --> 15:32.880]  pattern jury charges, I was able to pull some, there's some key words out. You know, you'll
[15:32.880 --> 15:39.840]  always get little nuggets of stuff like preponderance of evidence and how they kind of
[15:40.480 --> 15:47.120]  will speak about, you know, a public servant act under the color of a service office or
[15:47.920 --> 15:54.400]  employment amidst events if the public servant knowingly or recklessly causes
[15:55.280 --> 16:02.560]  with acts intentionally or with intent with respect to a result of his conduct when it is
[16:02.560 --> 16:08.160]  his conscious objective for desire to cause the results. Okay. Okay. Don't read the whole thing.
[16:09.280 --> 16:16.560]  Point is in reading the pattern jury charge, now you've got that in your brain.
[16:17.280 --> 16:25.440]  When you go back and start writing your arguments, you will tend to make your arguments in the
[16:25.440 --> 16:32.080]  language of the pattern jury charge. That will help stick it in the mind of the jury or the
[16:32.080 --> 16:37.520]  judge when you get to the point where they're going to render a rooting. Hang on, about to go
[16:37.520 --> 16:45.760]  to break. Randy Kelton, Rue of La Radio, our call in number 512-646-1984. We have a full board of
[16:45.760 --> 16:51.520]  callers. So if you try to call in and you get, we can't get through, wait till one of our callers
[16:51.520 --> 16:56.800]  drops off and then it'll open a lineup because we can only hold four at a time. Okay. Hang on.
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[19:21.040 --> 19:27.280]  Okay, we are back. Randy Kelton, Wheel of Air Radio on this Friday, the 9th day of September,
[19:27.280 --> 19:36.560]  2016, and we're talking to Scott in Texas. So Scott, now that you've written the prayer
[19:37.840 --> 19:47.360]  and read the pattern jury charges, how will this affect how you revise your suit?
[19:47.360 --> 19:58.080]  Well, what I was able to do is now I kind of am able to weave some of that stuff in there when
[19:59.280 --> 20:04.880]  after I've already kind of given a statement of facts and then I'm making factual allegation,
[20:05.760 --> 20:10.640]  is when I'm starting to weave some of the pattern jury charges in there with some of that verbiage,
[20:11.360 --> 20:17.040]  you know, that, you know, like a person commits an offense that the person potentially or knowingly
[20:17.040 --> 20:22.880]  harms another by unlawful acts to delay the service of another, like, you know, a magistrate.
[20:22.880 --> 20:29.280]  I just didn't point out a magistrate, but, you know, this is all due process. So their whole thing
[20:29.280 --> 20:38.720]  is they didn't take me to a magistrate to have an examining trial. They just took me straight to jail.
[20:40.480 --> 20:45.360]  So that's why everything in here, but some of the pattern jury charges were able to
[20:45.360 --> 20:53.360]  to kind of give you an idea of what the jury is going to look for a little bit.
[20:54.000 --> 21:01.680]  And so you want to position your, the document so it's always flowing towards that way.
[21:05.040 --> 21:11.520]  One of the things you'll find when you prepare a document by starting at the end,
[21:11.520 --> 21:18.640]  a lot of times when people try to write legal documents, they really don't know what to do.
[21:20.000 --> 21:30.320]  So they tend to do what we do when we're writing an essay or a argument,
[21:30.320 --> 21:39.440]  a written argument to end normal civil society. And law is not like that. Law is a lot more specific.
[21:39.440 --> 21:44.720]  In normal discussions, we tend to
[21:47.040 --> 21:50.960]  follow from one thing to another as they come to mind.
[21:52.240 --> 21:55.360]  Real bad strategy when you're writing a legal document.
[21:58.160 --> 22:02.000]  Better rather than start from the front and try to write something to
[22:02.000 --> 22:09.040]  lead you to the back, better start at the back and then back up toward the front.
[22:10.080 --> 22:16.800]  This way you're always pointing in the same direction and you have focus in what you're doing.
[22:18.640 --> 22:23.200]  One of the next things I would like to get into is once we've kind of went through how to do
[22:23.200 --> 22:31.760]  legal documents well is mental flow. And when you're writing a legal document,
[22:32.800 --> 22:40.960]  if you write it from the back to the front, it will be relatively easy to maintain mental flow
[22:40.960 --> 22:48.800]  because you're always leading your reader to the same place. And you have clearly in your mind
[22:48.800 --> 22:54.720]  where you're leading your reader. So it keeps you from putting in what may sound like interesting
[22:54.720 --> 23:04.640]  facts or even interesting little side stories, but they don't lead you toward your ultimate outcome.
[23:06.080 --> 23:10.400]  And the hardest thing to do once you've written one of these documents is to go back
[23:11.120 --> 23:16.480]  and objectively look at it and say, this is trash, this is garbage, and throw out
[23:16.480 --> 23:21.280]  and throw out what doesn't lead you towards your outcome.
[23:22.960 --> 23:30.000]  So at the end of the day, every word in your document, every phrase should be
[23:30.000 --> 23:39.440]  pointing to lead the reader toward the ultimate outcome to prayer. Does that make sense, Scott?
[23:39.440 --> 23:48.480]  Oh, yeah. So, and that prayer actually comes to us too, because the very ending of the prayer
[23:49.280 --> 23:58.960]  is the indictment of the guilty party. And it does it quite nicely. I got it where it looks
[23:58.960 --> 24:05.440]  pretty tight, you know? And that's a big deal in legal documents is making it tight.
[24:05.440 --> 24:11.200]  Yeah. So, yeah, you only go where you need to go and don't put in superfluous arguments.
[24:11.200 --> 24:17.680]  There's a real good way to find out if your argument is superfluous is every time you make
[24:17.680 --> 24:24.320]  an argument right down next to it, so what? You make a statement of fact or a statement of law
[24:24.320 --> 24:33.040]  right down next to it, so what? If you can't answer, so what? Then you need to go back there
[24:33.040 --> 24:42.960]  and fix that. You need to go back and look for foundation, look for relevance,
[24:44.800 --> 24:49.280]  because everything you say to the judge, the judge is going to be thinking, so what?
[24:50.320 --> 24:56.000]  So why are you telling me this stuff? Why do I care? So you have to be real careful in your
[24:56.000 --> 25:06.160]  documents, so that you link one fact inexorably to the other in a reasonable and logical fashion,
[25:06.160 --> 25:13.920]  the way, in a way that a human being can readily make the connections you need them to make.
[25:15.840 --> 25:23.120]  It's hard to do that if you don't have a finely tuned focus, because it is very easy to get
[25:23.120 --> 25:31.040]  swayed and drift off topic. I do that all the time, especially when you have too much information
[25:31.040 --> 25:39.840]  about a subject or about a set of circumstances. You know way too much about it. You know stuff
[25:39.840 --> 25:45.440]  that's irrelevant. Now, it may have been traumatic at the time, but as to your ultimate outcome,
[25:45.440 --> 25:51.680]  doesn't matter. When the bailiff dragged me downstairs, I said, well, you know,
[25:51.680 --> 25:56.720]  the bailiff dragged me downstairs, knocked me down, broke my elbow. As to
[25:59.120 --> 26:05.840]  getting judges to follow law, that was irrelevant. It was pretty traumatic. It really hurt,
[26:05.840 --> 26:10.800]  and I really would have liked to have been able to kick somebody's behind for it,
[26:12.480 --> 26:21.520]  but I could not find a way to construe that so that it would lead me toward my ultimate
[26:21.520 --> 26:26.720]  outcome, and I had to throw it out. It turned out to be a good thing that I did, but
[26:28.320 --> 26:34.800]  you have to be ruthless with yourself. I started out by saying how I whipped Scott to shreds,
[26:36.640 --> 26:42.800]  and I was absolutely ruthless. I cut him no slack, and that's because his document
[26:42.800 --> 26:51.920]  is very, very important. When I have people read my documents, I want them to rip them to shreds.
[26:53.520 --> 27:01.920]  Any time I make a statement and I create a question in your mind that I do not very quickly answer,
[27:01.920 --> 27:08.160]  I need to know that. Sometimes I create questions in the mind of the reader, but I do it on purpose,
[27:08.160 --> 27:12.880]  because I'm going to give them closure. But if I create a question and I don't answer it,
[27:12.880 --> 27:19.120]  I've lost you. So I have to be very careful, especially in legal writing, we have to be very
[27:19.120 --> 27:26.640]  careful that we don't lose our reader, that we don't use an implication that we never explain,
[27:27.440 --> 27:32.080]  because we send our reader off in all kinds of different directions, and they won't
[27:32.080 --> 27:40.000]  be drawn inexorably to the decision you want them to make. So if you're writing legal documents,
[27:40.000 --> 27:47.120]  give it to someone who doesn't know anything about it. And when they start asking you questions,
[27:47.120 --> 27:54.400]  take those questions very seriously. Yes, you're writing a legal document for a judge who's learned
[27:54.400 --> 28:05.120]  counsel, but he's also extremely busy. And he does not have time to try to carefully analyze all your
[28:05.120 --> 28:13.040]  arguments in order to find the few nuggets that he needs. If you want a ruling in your favor,
[28:13.040 --> 28:22.160]  only give the court what they need in order to be able to give you the decision that you want.
[28:23.520 --> 28:29.200]  Okay, did you have something else for us, Scott? I took Scott first because I knew he was calling
[28:29.200 --> 28:36.560]  you on this subject. Yeah, no, the only thing is, I need to know is just how much time do you have
[28:36.560 --> 28:43.280]  is calling you on this subject. Yeah, no, the only thing is, I need to know is just get the
[28:43.280 --> 28:49.680]  cover letter and the filing and how to do that. I already got the deal for the pumper's deal so
[28:49.680 --> 28:56.960]  I can fill that out. So just filing it, you know, getting that. Okay, in and amongst all the other
[28:56.960 --> 29:03.040]  things I'm doing, I'm trying to get together a set of documents. When you file, if you're filing in
[29:03.040 --> 29:15.040]  the Fed and even both in the state in Texas, they want a civil cover sheet. And I have a fill in the
[29:15.040 --> 29:27.520]  blanks copy from the Fed and I'm setting it up so that it's really easy to fill in. I have notations
[29:27.520 --> 29:34.320]  and explanations of how to fill in the different sections. And then within a week after filing the
[29:34.320 --> 29:39.680]  federal suit, you have to contact, the plaintiff has to contact the other party and set up a hearing
[29:39.680 --> 29:49.120]  for a scheduling order. And I'm working on a fill in the blank scheduling order, but I'll touch on
[29:49.120 --> 29:54.240]  that a little more when we come back on the other side. Randy Kelton, Rule of Law Radio, I call it
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[33:14.000 --> 33:22.240]  Okay, we are back. Randy Kelton, Rule of Law Radio on this Friday the 9th day of September 2016.
[33:22.240 --> 33:31.440]  And you're talking to Scott in Texas. So, Scott, where are we on the...
[33:33.120 --> 33:38.080]  Are you writing a RICO suit or a procedural due process complaint?
[33:40.800 --> 33:44.800]  This is basically a procedural complaint, but it can work into...
[33:44.800 --> 33:54.160]  Yeah, RICO is really tough. That's why I ask. A lot of people want to write a RICO, but RICO
[33:54.160 --> 34:00.800]  really gives them a hard time, but it's hard to write a RICO. They take a whole lot more because
[34:01.440 --> 34:07.040]  in RICO, you get to develop information you can then use in criminal prosecutions. So,
[34:07.040 --> 34:12.320]  it's much harder. So, I want to make sure because a lot of proceeds want to go right for the RICO,
[34:12.320 --> 34:20.080]  and it turns out to be really difficult. Ms. Leslie went RICO, but she is really a good researcher
[34:20.080 --> 34:26.240]  and she did well on it. But I generally suggest don't start with RICO. Start with a procedural
[34:26.240 --> 34:35.520]  due process. Are you going to file in the state of the Fed? The Fed. Okay. Kind of the rule.
[34:36.160 --> 34:40.160]  Take the state to the Fed and the Fed to the state. That's the rule.
[34:40.160 --> 34:44.560]  A procedural due process will get you to the Fed
[34:46.480 --> 34:55.200]  because the constitution guarantees you almost exactly the same guarantees that you have in the
[34:55.200 --> 35:02.480]  state constitutions. So, that gives you liberty to pursue them in either the state or the Fed.
[35:03.360 --> 35:05.920]  In this case, the Fed is probably the better place to go.
[35:05.920 --> 35:13.920]  Yeah, because you can't get no justice over there in that little county, for sure.
[35:14.800 --> 35:23.760]  So, but get the cover letter and a flow chart on what to expect, you know, because...
[35:23.760 --> 35:34.080]  Yes, and you have to have a scheduling order. The judge will issue the scheduling order,
[35:34.080 --> 35:43.760]  but seven days after you file a federal suit or within seven days after the defendant has been
[35:43.760 --> 35:52.960]  served, the plaintiff is required to contact the defendant or defendant's counsel and set a time
[35:52.960 --> 35:59.200]  for a face-to-face. Most courts require face-to-face. I know Judge McBride,
[35:59.200 --> 36:08.960]  his local rules say no phone meetings must be face-to-face, a meeting to develop a scheduling
[36:08.960 --> 36:16.240]  order. I read that and I thought, why on earth would he do that? I mean, this is just a scheduling
[36:16.240 --> 36:27.440]  order. And most of it is standard, 180 days for discovery and 90 days for expert witnesses.
[36:27.440 --> 36:36.000]  And all of this is pretty standard. What they want is for you and the opposing side
[36:36.000 --> 36:45.200]  to sit down and look at one another across the table and come to some agreement and mediate out
[36:45.200 --> 36:52.960]  this case. All right. That's why they require you to do that. And from our perspective, that's great.
[36:52.960 --> 36:59.360]  It gives them an opportunity to make you an offer before they get a lot invested in the case.
[37:00.880 --> 37:08.000]  And one of the things I suggest is that early on, once you get past the rule of
[37:08.000 --> 37:12.640]  motion to dismiss for failure of state of claim, because you'll always get that no matter what,
[37:12.640 --> 37:23.840]  once you're past that, then ask the court to order mediation. And that's really not hard because the
[37:23.840 --> 37:29.600]  court wants mediation because they don't want to have to deal with this. They want you and the other
[37:29.600 --> 37:36.560]  side to find your own solution and don't ask me to do it. So ask them to order mediation. Now,
[37:36.560 --> 37:44.000]  if you're a chump pro se, these lawyers are not going to want to go negotiate with some chump pro
[37:44.000 --> 37:53.520]  se because they're going to lose face with all these other lawyers. But if you can con the judge
[37:53.520 --> 38:02.720]  into ordering mediation, now the lawyer can come and sit down and negotiate and not lose face because
[38:02.720 --> 38:13.120]  he's been ordered to do this by the judge. And let us never imagine that face is not critically
[38:13.120 --> 38:20.400]  important. People will absolutely bite off their nose to spite their face.
[38:22.560 --> 38:27.040]  Last more story, and I'm sticking to it. Okay. Do you have anything else for us, Scott?
[38:27.040 --> 38:32.240]  No, I will get that from you Sunday and I'll let you get on to the next caller.
[38:32.880 --> 38:37.840]  Okay. Thank you, Scott. Okay. Now we're going to go to Brian in Missouri. Hello, Brian.
[38:38.880 --> 38:39.600]  Hello.
[38:40.400 --> 38:42.480]  What do you have for us today?
[38:43.840 --> 38:48.880]  Well, I have a question for you on foreclosures. I've got a really unique situation.
[38:48.880 --> 39:00.320]  Back in 2007, I took out a construction loan with a bank and proceeded to build a new home and 2008
[39:00.320 --> 39:10.800]  rolled around and they wanted me to sign that over to a permanent loan. And 2008 is about when the
[39:10.800 --> 39:16.000]  housing market crash was starting and interest rates were dropping. So I tried to wait as long
[39:16.000 --> 39:23.040]  as I could to get the best rate. So I got to a point where I was ready to sign the contract
[39:23.040 --> 39:28.080]  with them because they were offering pretty decent rates on their website. But the only
[39:28.080 --> 39:33.920]  problem was when I went to sign it, they were wanting substantially more interest rates than
[39:33.920 --> 39:40.240]  what they were advertising to the general public. And I didn't quite think that was fair,
[39:40.240 --> 39:44.480]  some false advertising, a number of other things. And I think it was actually illegal too.
[39:45.280 --> 39:54.560]  So I did not sign that and they eventually had sent me out a notice of default. And at that point,
[39:54.560 --> 40:05.040]  I had hired an attorney and we had done a three-way call with the bank and the attorney asked him a
[40:05.040 --> 40:11.520]  couple of questions. One was, we're in a contract, did it give them any right to accelerate the loan
[40:11.520 --> 40:18.720]  even though payments were made and up to date? And they said, the lady said that, well, it's in
[40:18.720 --> 40:25.040]  the contract, but she didn't know where, and the legal department won't have to get back with us on that.
[40:25.040 --> 40:31.040]  And he had also asked a couple of other questions that they were going to have to get back. And
[40:31.040 --> 40:38.240]  one of them was where in the loan documents did it allow them to charge these exorbitant interest rates?
[40:38.240 --> 40:45.760]  And she said it was in there again, but did not know. So at any rate, we waited until the
[40:45.760 --> 40:51.520]  legal department to get back with us and they never did. So we kind of sat there in limbo for a number
[40:51.520 --> 40:59.120]  of months and I think about that time is when they had stopped the foreclosures on all loans out there
[40:59.120 --> 41:06.640]  because of the fact that these banks were in the news about their criminal activity, robo-signing,
[41:06.640 --> 41:13.120]  and all kinds of other stuff involved with it. So I think that's where the legal department
[41:13.120 --> 41:21.680]  was involved with it. So some time went by and they had actually had also sent me out a letter
[41:21.680 --> 41:29.280]  of foreclosure on that, which the attorney had responded to them on that again with a number of
[41:29.280 --> 41:34.400]  questions and payments were being made at this point too. Everything was all up to date.
[41:34.400 --> 41:43.360]  Okay. Wait a minute. Hold on. This is not making sense. You're in good standing with your loan,
[41:44.800 --> 41:46.640]  yet the bank is foreclosing.
[41:49.040 --> 41:56.400]  At that point, yeah, this was back in 2010 is when that had taken place. And again,
[41:56.400 --> 42:02.800]  the reason why they were doing that is because I would not sign the contract to convert that
[42:02.800 --> 42:12.480]  over to a permanent loan. Was there a contractual requirement to convert the construction loan
[42:13.120 --> 42:18.800]  into a residential mortgage? I think there was some type of language in there that
[42:20.400 --> 42:28.960]  had stated that, yeah, I mean it was to be converted over at some point. I don't know
[42:28.960 --> 42:34.880]  exactly what that said, but I believe that there was something in there that-
[42:34.880 --> 42:39.120]  Okay. Hold on. They accelerated the note, 2010?
[42:41.360 --> 42:51.520]  Right. What is the statutory time limit in Missouri to foreclose on a property after
[42:51.520 --> 42:59.760]  or to complete the foreclosure? I don't know. I could not tell you on that.
[42:59.760 --> 43:06.160]  You absolutely need to check that. The longest I've heard of is six years.
[43:07.600 --> 43:10.800]  Okay. And I remember right, Missouri is four years.
[43:12.800 --> 43:14.320]  Right. Do the math.
[43:16.000 --> 43:18.560]  Right. That kind of basically just faded away though.
[43:18.560 --> 43:25.200]  Now, hold on. Hold on. Hold on. We're about to go to break, but a notice of acceleration did not
[43:25.200 --> 43:34.320]  fade away. If it was not rescinded, it's still active. We'll talk about that when we come back.
[43:34.320 --> 43:42.720]  Randy Kelton, the wheel of our radio, our calling number, 512-646-1984. Give us a call.
[43:42.720 --> 43:46.720]  We'll be taking the calls all night. We do have a full call board right now.
[43:46.720 --> 43:50.240]  We do have a full call board right now, so you might want to wait until
[43:50.240 --> 43:56.080]  a caller drops off before you call in. And while we're on break, go check out our sponsors.
[43:56.080 --> 44:20.240]  We need some help to support the station. We'll be right back.
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[46:17.600 --> 46:22.600]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Brian in Missouri.
[46:22.600 --> 46:31.600]  Hello, Brian. Yeah. Okay. You said it kind of faded away. What did that mean? It faded
[46:31.600 --> 46:43.600]  away because the attorney or I guess the law firm that initiated that has changed. There's
[46:43.600 --> 46:50.600]  a current law firm that has changed in a different location. So I think as I was saying before,
[46:50.600 --> 46:57.600]  at that time back in 2010 is when I believe that they had put a freeze on all of those
[46:57.600 --> 47:04.600]  foreclosures. And I think the reason why they did that is because these banks have no standing
[47:04.600 --> 47:15.600]  when they sell these notes and so forth. Okay. Hold on. Hold on. This is pretty important.
[47:15.600 --> 47:24.600]  They filed a notice of acceleration in 2010. They never rescinded that notice of acceleration.
[47:24.600 --> 47:33.600]  Now they have a statutory time limit in which they can foreclose. In Texas it's four years.
[47:33.600 --> 47:42.600]  From the notice of acceleration, they've got four years to finish the foreclosure. I see.
[47:42.600 --> 47:50.600]  If they don't, then they're out of time. So check the statutory time limit for Missouri.
[47:50.600 --> 48:04.600]  And if they're out of time, then file a declaratory judgment action against the mortgage instrument.
[48:04.600 --> 48:11.600]  Missouri is a mortgage state, right? It's a judicial state. Nonjudicial. It's nonjudicial.
[48:11.600 --> 48:23.600]  Okay. That's even better. Okay. They had four years in which to do the substitute trust resale.
[48:23.600 --> 48:31.600]  They didn't do it within four years. The mortgage instrument becomes unenforceable.
[48:31.600 --> 48:43.600]  So based on that, you file a petition for declaratory judgment asking the court to render the mortgage instrument void.
[48:43.600 --> 48:57.600]  Not the loan, just the mortgage instrument. In the deed of trust, you granted the lender two privileges.
[48:57.600 --> 49:06.600]  The privilege of a claim against your property so that if you fail to abide by all the covenants of the contract,
[49:06.600 --> 49:13.600]  they could do an in rim action against your property because you confessed a claim against the property.
[49:13.600 --> 49:21.600]  Otherwise, they'd have to sue you personally, then ask the court to grant you a judgment against the property.
[49:21.600 --> 49:33.600]  You granted them a claim and since it's a deed of trust, if it's a mortgage state, you grant a claim.
[49:33.600 --> 49:42.600]  In a deed of trust state, you grant a claim against the property and you confess judgment against the property.
[49:42.600 --> 49:47.600]  If they have a claim against the property, then they can go into court and sue against the property
[49:47.600 --> 49:52.600]  instead of suing you and then asking for a claim against the property.
[49:52.600 --> 49:57.600]  In a deed of trust state, you granted a claim against the property,
[49:57.600 --> 50:05.600]  so technically they could go into court and sue you based on the property essentially,
[50:05.600 --> 50:10.600]  sue for recovery of the property based on the claim you gave them.
[50:10.600 --> 50:18.600]  But since it's a deed of trust state, you also confess that judgment so they don't even have to go to court.
[50:18.600 --> 50:31.600]  However, in order to exercise those privileges, the lender must be in compliance with the contract himself.
[50:31.600 --> 50:38.600]  He can't accuse you of defaulting on the contract when he's already defaulted on it.
[50:38.600 --> 50:46.600]  He can't come and attempt to exercise the privileges granted in the contract when he's in dishonor of the contract.
[50:46.600 --> 50:49.600]  Does that make sense?
[50:49.600 --> 50:56.600]  A little. I'm going to have to probably look at this more in depth after I get off the phone with you
[50:56.600 --> 51:06.600]  and probably go back and listen to the recording again and probably definitely look into it a little bit more in depth.
[51:06.600 --> 51:14.600]  Let me finish this. The note will still exist.
[51:14.600 --> 51:21.600]  The debt will still exist, but it will now become an unsecured debt.
[51:21.600 --> 51:24.600]  I see.
[51:24.600 --> 51:29.600]  Once it's unsecured, now you've got some leverage to go back to them and say,
[51:29.600 --> 51:38.600]  OK, guys, now we do a deal. You might sue them.
[51:38.600 --> 51:46.600]  OK, there's a way to go back after them for the overpayments that they have charged you with.
[51:46.600 --> 51:49.600]  I can show you how to do that.
[51:49.600 --> 51:57.600]  Then you go back after them. They don't have a recourse because they no longer have a claim against the property.
[51:57.600 --> 52:06.600]  Now you have leverage to bring them to the table and force a good deal out of them. It's all poker.
[52:06.600 --> 52:16.600]  OK, just so you know that from my understanding that they had converted this over to a home equity line of credit
[52:16.600 --> 52:22.600]  because I did not sign that permanent loan.
[52:22.600 --> 52:25.600]  Good for them.
[52:25.600 --> 52:34.600]  OK, I was a little disappointed when you never converted the construction loan
[52:34.600 --> 52:44.600]  because a purchase money loan is not subject to rescission.
[52:44.600 --> 52:48.600]  But a home equity loan is.
[52:48.600 --> 52:53.600]  So when did they convert it to a home equity?
[52:53.600 --> 52:56.600]  It's been years ago.
[52:56.600 --> 53:03.600]  This is really important. They accelerated the note in 2010.
[53:03.600 --> 53:12.600]  How did they manage to convert an accelerated note into something else?
[53:12.600 --> 53:16.600]  I don't know, to be honest with you.
[53:16.600 --> 53:23.600]  We're talking about the shenanigans that the banks pulled before the crash.
[53:23.600 --> 53:31.600]  Well, they're still pulling shenanigans trying to get their behinds out of the fire.
[53:31.600 --> 53:35.600]  And this bank is still pulling shenanigans.
[53:35.600 --> 53:43.600]  How did they convert your loan to a home equity loan without your signature or approval?
[53:43.600 --> 53:54.600]  I have no idea, but I know that I've had correspondence from them that does have the terms in their home equity.
[53:54.600 --> 53:59.600]  And I was actually making payments to them all along too while this was going on.
[53:59.600 --> 54:05.600]  And it got to the point where they actually sent my payments back to me and refused the checks
[54:05.600 --> 54:11.600]  and had sent out a note where there was no active plan.
[54:11.600 --> 54:16.600]  And they had also put on that home equity.
[54:16.600 --> 54:22.600]  And I've even called them and asked them, and they said that it currently is a home equity account.
[54:22.600 --> 54:27.600]  And I talked to a top-notch attorney in Kansas City about that.
[54:27.600 --> 54:35.600]  And he was telling me, I think, like what you're saying is that that is not a negotiable instrument.
[54:35.600 --> 54:42.600]  Well, OK, not a negotiable instrument. That's a different issue.
[54:42.600 --> 54:46.600]  I'm saying you didn't sign that instrument.
[54:46.600 --> 54:53.600]  And unless there's some language in the construction loan contract
[54:53.600 --> 54:59.600]  that authorized them to convert the loan into something other than a construction loan,
[54:59.600 --> 55:09.600]  then you didn't enter into a home equity loan with this entity.
[55:09.600 --> 55:11.600]  No, I didn't.
[55:11.600 --> 55:15.600]  So you don't know what you're talking about.
[55:15.600 --> 55:26.600]  I strongly suggest you look very carefully at moving the court to rule that the deed of trust is void
[55:26.600 --> 55:35.600]  based on the 2010 notice of acceleration.
[55:35.600 --> 55:42.600]  Because of the notice of acceleration in 2010 and there's been no foreclosure within the statutory time limit,
[55:42.600 --> 55:46.600]  that the statutory time limit to foreclose is expired,
[55:46.600 --> 55:50.600]  now they have no power to foreclose on the property, period.
[55:50.600 --> 55:54.600]  Once you've got that, now you go back.
[55:54.600 --> 55:59.600]  The loan, the note, the indebtedness is still intact.
[55:59.600 --> 56:05.600]  Now you can go back and say, wait a minute, Gus, I don't owe you for any home equity loan.
[56:05.600 --> 56:11.600]  I never entered into a home equity loan with you.
[56:11.600 --> 56:14.600]  And they don't have a claim against the property.
[56:14.600 --> 56:18.600]  That'll put you in a real good position.
[56:18.600 --> 56:24.600]  Basically what the letter says from this foreclosure trustee corporation,
[56:24.600 --> 56:29.600]  it just starts out and says, please be advised that your account has been referred to our office
[56:29.600 --> 56:36.600]  for the institution of foreclosure proceedings against this address.
[56:36.600 --> 56:43.600]  So I assume that that would be a formal letter with foreclosure proceedings.
[56:43.600 --> 56:48.600]  And even though that you do have the 30 days to respond to that,
[56:48.600 --> 56:54.600]  that fair debt collection, I believe, act where you have 30 days to dispute it.
[56:54.600 --> 57:00.600]  Yeah, that's in a mortgage, in residential mortgage it does.
[57:00.600 --> 57:10.600]  If they are collecting for the original lender, they're not a debt collector.
[57:10.600 --> 57:15.600]  But if they're not the original lender, if they have bought the indebtedness,
[57:15.600 --> 57:18.600]  then they are a debt collector.
[57:18.600 --> 57:26.600]  So if this law firm is claiming to be acting as an agent for the original lender,
[57:26.600 --> 57:30.600]  then the Fair Debt Collections Practices Act does not apply.
[57:30.600 --> 57:33.600]  Yeah, it was the original lender.
[57:33.600 --> 57:41.600]  But you can take that as the initiation of foreclosure.
[57:41.600 --> 57:44.600]  It's not exactly a notice of acceleration.
[57:44.600 --> 57:48.600]  Do you have a notice of acceleration?
[57:48.600 --> 57:58.600]  I've got it now, an updated one that I had got a few weeks ago from a different firm.
[57:58.600 --> 58:05.600]  To your knowledge, was there a notice of acceleration filed earlier?
[58:05.600 --> 58:08.600]  Not that I am aware of, no.
[58:08.600 --> 58:14.600]  Okay, then since they converted it to a home equity law,
[58:14.600 --> 58:23.600]  you might want to file a notice of rescission.
[58:23.600 --> 58:25.600]  You say you want to file a notice of rescission?
[58:25.600 --> 58:28.600]  Hang on, about to go to break. We'll pick this up on the other side.
[58:28.600 --> 58:31.600]  Randy Kelton, Rue de la Radio.
[58:31.600 --> 58:35.600]  I call in number 512-646-1984.
[58:35.600 --> 58:37.600]  We're going to the top of the hour break.
[58:37.600 --> 58:40.600]  It's a good time to go check out our sponsors.
[58:40.600 --> 58:47.600]  And if you're new to Rue de la Radio, you might want to look at Jurisdictionary.
[58:47.600 --> 58:50.600]  It will bring you up to speed.
[58:50.600 --> 58:54.600]  Would you like to make more definite progress in your walk with God?
[58:54.600 --> 58:57.600]  The News for America is offering a free study Bible
[58:57.600 --> 59:01.600]  and a set of free Christian books that can really help.
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[59:06.600 --> 59:09.600]  It's an accurate translation and it contains thousands of footnotes
[59:09.600 --> 59:13.600]  that will help you to know God and to know the meaning of life.
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[59:18.600 --> 59:21.600]  Chapter by chapter, Basic Elements of the Christian Life
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[59:30.600 --> 59:33.600]  and Basic Elements of the Christian Life,
[59:33.600 --> 59:40.600]  call Bibles for America toll free at 888-551-0102.
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[59:49.600 --> 59:59.600]  Live free speech radio, logosradionetwork.com.
[59:59.600 --> 01:00:06.600]  The following news flash is brought to you by the Lone Star Lowdown
[01:00:06.600 --> 01:00:09.600]  providing the daily bulletins for the commodities market.
[01:00:09.600 --> 01:00:13.600]  Today in history, news updates
[01:00:13.600 --> 01:00:22.600]  and the inside scoop into the tides of the alternatives.
[01:00:22.600 --> 01:00:26.600]  Markets for Labor Day, Monday the 5th of September, 2016,
[01:00:26.600 --> 01:00:30.600]  closed with gold at $1,326.90 an ounce,
[01:00:30.600 --> 01:00:32.600]  silver $19.53 an ounce,
[01:00:32.600 --> 01:00:35.600]  Texas crude $44.44 a barrel,
[01:00:35.600 --> 01:00:44.600]  and Bitcoin is currently sitting at about $606 U.S. currency.
[01:00:44.600 --> 01:00:47.600]  Today in history, the year 1698,
[01:00:47.600 --> 01:00:50.600]  in an effort to westernize his nobility,
[01:00:50.600 --> 01:00:55.600]  the Tsar of Russia, Peter I, imposes a tax on beards for all men except the clergy and peasantry.
[01:00:55.600 --> 01:00:59.600]  Though believe it not, it wasn't the first beard tax in history.
[01:00:59.600 --> 01:01:02.600]  Those who did resist the tax on beards were forcibly and publicly shaven.
[01:01:02.600 --> 01:01:09.600]  The Tsar beard tax. Today in history.
[01:01:09.600 --> 01:01:12.600]  In recent news, the 11th meeting of the Group of 20, or G20,
[01:01:12.600 --> 01:01:16.600]  is underway with the 2016 G20 Hangzhou Summit.
[01:01:16.600 --> 01:01:18.600]  It will be held on the 4th and 5th of September.
[01:01:18.600 --> 01:01:21.600]  It is the first G20 summit to be hosted in China
[01:01:21.600 --> 01:01:26.600]  and the second in an Asian country with the 2010 G20 Seoul Summit in South Korea.
[01:01:26.600 --> 01:01:29.600]  Apparently only some vehicles have been allowed through the city.
[01:01:29.600 --> 01:01:30.600]  Construction sites were stopped.
[01:01:30.600 --> 01:01:34.600]  Inhabitants received a week-long holiday being encouraged to leave the city for the week,
[01:01:34.600 --> 01:01:38.600]  and hundreds of factories in the region were asked to stop their production,
[01:01:38.600 --> 01:01:41.600]  all in a last-minute effort to temporarily reduce air pollution.
[01:01:41.600 --> 01:01:44.600]  This comes days after President Barack Obama and Xi Jinping
[01:01:44.600 --> 01:01:47.600]  announced the ratification of the Paris Climate Change Agreement
[01:01:47.600 --> 01:01:50.600]  of the 2015 United Nations Climate Change Conference.
[01:01:50.600 --> 01:01:52.600]  Some of the main themes of the summit include fighting tax evasion
[01:01:52.600 --> 01:01:55.600]  through the formulation of a tax haven blacklist,
[01:01:55.600 --> 01:01:59.600]  fiscal stimulus, and innovation to boost economic growth in the G20 countries,
[01:01:59.600 --> 01:02:09.600]  combating populist attacks against globalization, and strengthening support for refugees.
[01:02:09.600 --> 01:02:11.600]  The United Nations Security Council will meet tomorrow
[01:02:11.600 --> 01:02:14.600]  to discuss the latest missile tests launched by North Korea.
[01:02:14.600 --> 01:02:17.600]  They apparently fired three ballistic missiles into the Sea of Japan today
[01:02:17.600 --> 01:02:19.600]  from a site on their eastern coast.
[01:02:19.600 --> 01:02:23.600]  South Korea's joint chiefs of staff are saying that they identify the type of projectile
[01:02:23.600 --> 01:02:27.600]  as being the Rodong missile, which has a range of up to 1,000 kilometers.
[01:02:27.600 --> 01:02:30.600]  North Korea has continued its series of missile tests this year
[01:02:30.600 --> 01:02:34.600]  in opposition to the UN sanctions imposed after its fourth nuclear test in January.
[01:02:34.600 --> 01:02:36.600]  Today's missile firings are concerning,
[01:02:36.600 --> 01:02:40.600]  since world leaders are currently meeting in the eastern Chinese city of Hangzhou.
[01:02:40.600 --> 01:02:45.600]  For the two-day G20 summit, the Japanese Cabinet Secretary Yoshihide Suga did state that,
[01:02:45.600 --> 01:02:49.600]  quote, this launches a clear attack of provocation not only to our own country,
[01:02:49.600 --> 01:02:53.600]  but to the international community.
[01:02:53.600 --> 01:02:58.600]  This is Rick Brody with your Lowdown for September 5th, 2016.
[01:02:58.600 --> 01:03:09.600]  It's all according to the will of the Almighty
[01:03:09.600 --> 01:03:18.600]  I read his book and it says he cares not for the unsightly
[01:03:18.600 --> 01:03:20.600]  Okay, we are back.
[01:03:20.600 --> 01:03:24.600]  I'm Rick Kielke and I read a lot of videos talking to Brian in Missouri.
[01:03:24.600 --> 01:03:29.600]  Brian, I'm going to kind of shut up now and I know you have a specific question
[01:03:29.600 --> 01:03:34.600]  and I haven't let you get to it.
[01:03:34.600 --> 01:03:37.600]  I'm sorry, did you repeat that? I didn't get that.
[01:03:37.600 --> 01:03:42.600]  I said you called us in, I'm sure you had a specific question,
[01:03:42.600 --> 01:03:48.600]  but I have been interrupting you so much you haven't been able to get to it.
[01:03:48.600 --> 01:03:59.600]  Okay. Yeah, what I was leading up to basically was the fact that I had viewed the notes,
[01:03:59.600 --> 01:04:05.600]  what they say was the original note, and it is stamped and endorsed on the back of it,
[01:04:05.600 --> 01:04:09.600]  paid the order of without recourse.
[01:04:09.600 --> 01:04:13.600]  There's no name or anything like that on who that would be associated with,
[01:04:13.600 --> 01:04:20.600]  but obviously I think that that note has been sold and they do admit that they are a servicer.
[01:04:20.600 --> 01:04:26.600]  I've never seen any language in any correspondence from them that says that they are a current creditor,
[01:04:26.600 --> 01:04:30.600]  but they do say that they're a servicer, so I'm sure the note's been sold.
[01:04:30.600 --> 01:04:34.600]  Who are they claiming to be the servicer for?
[01:04:34.600 --> 01:04:36.600]  That's a good question.
[01:04:36.600 --> 01:04:44.600]  That's what I'm trying to find out because I have sent a number of requests to them
[01:04:44.600 --> 01:04:50.600]  dealing with the validation of debt and who the assignees were,
[01:04:50.600 --> 01:04:53.600]  which basically falls under Title 15,
[01:04:53.600 --> 01:04:59.600]  and they basically refuse to answer any of my questions when it comes to that.
[01:04:59.600 --> 01:05:02.600]  Okay, we have a way to handle that.
[01:05:02.600 --> 01:05:10.600]  Have you pulled all of the documents filed with the county registrar of deeds from the date you...
[01:05:10.600 --> 01:05:14.600]  Yes, there's no assignees, no nothing there.
[01:05:14.600 --> 01:05:16.600]  Nothing at all?
[01:05:16.600 --> 01:05:17.600]  Okay.
[01:05:17.600 --> 01:05:25.600]  No, I mean just the deed of trust and all that stuff that was filed originally back in 2007,
[01:05:25.600 --> 01:05:30.600]  but there is nothing there as far as who would be the owner of it.
[01:05:30.600 --> 01:05:37.600]  In fact, I did a chain of title for that trying to discover on who may own it,
[01:05:37.600 --> 01:05:40.600]  and we could not find anything.
[01:05:40.600 --> 01:05:43.600]  Let me make a suggestion.
[01:05:43.600 --> 01:05:48.600]  You don't care who actually owns it.
[01:05:48.600 --> 01:05:55.600]  Check Missouri law, you're going to have this statute in one form or another.
[01:05:55.600 --> 01:06:01.600]  Without this statute, there's no purpose in having a county registrar's office.
[01:06:01.600 --> 01:06:06.600]  In Texas, the statute is 13.001 property code, and it says,
[01:06:06.600 --> 01:06:10.600]  any property not properly...
[01:06:10.600 --> 01:06:18.600]  I'm sorry, any claim against real property not properly acknowledged or proven
[01:06:18.600 --> 01:06:23.600]  and filed in the record is void as to the holder.
[01:06:23.600 --> 01:06:28.600]  You're going to have a permutation of that statute.
[01:06:28.600 --> 01:06:32.600]  Without it, there's no reason to have a registrar.
[01:06:32.600 --> 01:06:38.600]  Purpose of the registrar is, is say, you come to me, you want to sell me your house.
[01:06:38.600 --> 01:06:43.600]  And I say, heck, I want to know if there are any liens against your property.
[01:06:43.600 --> 01:06:47.600]  You're going to say, ooh, no, no, there's no liens against my property.
[01:06:47.600 --> 01:06:49.600]  So I'm going to run down to the registrar,
[01:06:49.600 --> 01:06:53.600]  and I'm going to check the records of the county registrar.
[01:06:53.600 --> 01:06:59.600]  And if I don't find a claim against the property in the registrar's office,
[01:06:59.600 --> 01:07:08.600]  then I can be confident that one doesn't exist, or if it does exist, it's not enforceable.
[01:07:08.600 --> 01:07:10.600]  That's the whole purpose of the county registrar,
[01:07:10.600 --> 01:07:15.600]  so you can know what claims are against real property when you purchase it.
[01:07:15.600 --> 01:07:21.600]  So who was the original lender?
[01:07:21.600 --> 01:07:23.600]  The name of the bank, you mean?
[01:07:23.600 --> 01:07:24.600]  Yes.
[01:07:24.600 --> 01:07:27.600]  Chase.
[01:07:27.600 --> 01:07:28.600]  Okay.
[01:07:28.600 --> 01:07:34.600]  Chase sells all of their mortgages.
[01:07:34.600 --> 01:07:38.600]  They securitize all of them into a pool.
[01:07:38.600 --> 01:07:51.600]  Okay, now you need to find out who your servicer is acting as a contractor for.
[01:07:51.600 --> 01:07:54.600]  Now, Chase is claiming to be the servicer.
[01:07:54.600 --> 01:07:57.600]  Okay, Chase is the servicer.
[01:07:57.600 --> 01:08:00.600]  Who is Chase servicing for?
[01:08:00.600 --> 01:08:01.600]  Great question.
[01:08:01.600 --> 01:08:03.600]  That's what I've been trying to find out.
[01:08:03.600 --> 01:08:13.600]  Okay, this is what generally happens when a bank or a lending institution securitizes a note.
[01:08:13.600 --> 01:08:19.600]  They negotiate the note, but they retain the servicing rights.
[01:08:19.600 --> 01:08:26.600]  The servicing rights to these notes are bought and sold, separate from the note.
[01:08:26.600 --> 01:08:31.600]  So generally, they sell the note and maintain the servicing rights.
[01:08:31.600 --> 01:08:43.600]  So the fact that Chase is claiming to be the servicer indicates that they are no longer the holder.
[01:08:43.600 --> 01:08:44.600]  Right.
[01:08:44.600 --> 01:08:50.600]  But there's nothing in the record showing who the holder actually is.
[01:08:50.600 --> 01:08:54.600]  Now, we have a lot of people doing security audits,
[01:08:54.600 --> 01:09:02.600]  and for the majority of the time, I don't recommend a securitization audit
[01:09:02.600 --> 01:09:07.600]  until you've really closely examined the public record.
[01:09:07.600 --> 01:09:14.600]  But if your public record has Chase as the original lender and Chase as the current servicer
[01:09:14.600 --> 01:09:18.600]  and there's no assignments or appointments or anything in between,
[01:09:18.600 --> 01:09:23.600]  then now I say get a securitization audit.
[01:09:23.600 --> 01:09:28.600]  Well, Chase is not listed as a servicer at the county recorder's office.
[01:09:28.600 --> 01:09:34.600]  I mean, basically, they have sent me out some correspondence
[01:09:34.600 --> 01:09:38.600]  and stated right on there that they are the servicer.
[01:09:38.600 --> 01:09:46.600]  But when it comes time to answer the questions dealing with Title 15, validation of debt and assignees,
[01:09:46.600 --> 01:09:54.600]  they basically say that that information is proprietary or not available or at the courthouse.
[01:09:54.600 --> 01:09:57.600]  That's how they address that usually.
[01:09:57.600 --> 01:10:00.600]  Okay. They are the servicer.
[01:10:00.600 --> 01:10:11.600]  Have you checked the Secretary of State to see if Chase has filed to do business
[01:10:11.600 --> 01:10:18.600]  in the state of Missouri as a mortgage servicer?
[01:10:18.600 --> 01:10:20.600]  I have not, no.
[01:10:20.600 --> 01:10:22.600]  You might want to check that.
[01:10:22.600 --> 01:10:27.600]  Chase can do business as a national association.
[01:10:27.600 --> 01:10:34.600]  They can do business as a lender, but not as a servicer.
[01:10:34.600 --> 01:10:37.600]  As a servicer, they have to be registered with the state.
[01:10:37.600 --> 01:10:41.600]  Many times they're not. That's just one thing to check.
[01:10:41.600 --> 01:10:45.600]  But I wouldn't worry so much about getting anything from Chase.
[01:10:45.600 --> 01:10:52.600]  You tend never to ask the other side a question you don't already know the answer to.
[01:10:52.600 --> 01:10:57.600]  You can get someone to do a securitization audit, and I suggest Joe Esquivel.
[01:10:57.600 --> 01:11:02.600]  He gives the best documentation that I've seen.
[01:11:02.600 --> 01:11:03.600]  Who was that again?
[01:11:03.600 --> 01:11:09.600]  Joe Esquivel. If you'll send me an e-mail, randy at ruleoflawradio.com.
[01:11:09.600 --> 01:11:10.600]  Okay.
[01:11:10.600 --> 01:11:14.600]  I'll forward it to him, and he'll get in contact with you.
[01:11:14.600 --> 01:11:19.600]  I don't have anything to do with what Joe does.
[01:11:19.600 --> 01:11:23.600]  I mean, I don't get a commission or anything referred to him.
[01:11:23.600 --> 01:11:30.600]  The reason I refer to him is so far of all of the audits that I've seen,
[01:11:30.600 --> 01:11:35.600]  he produces the best product.
[01:11:35.600 --> 01:11:36.600]  I see.
[01:11:36.600 --> 01:11:46.600]  So now once you have evidence that Chase is not the current holder of the mortgage,
[01:11:46.600 --> 01:11:57.600]  then you might want to look at 28 U.S. Code 2201, Declaratory Judgment Act.
[01:11:57.600 --> 01:11:58.600]  Okay.
[01:11:58.600 --> 01:12:04.600]  Actually, I think that's called, I forget exactly what it's called,
[01:12:04.600 --> 01:12:08.600]  but it creates an extra remedy.
[01:12:08.600 --> 01:12:12.600]  It is essentially a Declaratory Judgment Act.
[01:12:12.600 --> 01:12:18.600]  And then I believe it's either Rule 57 or 59 of the Federal Rules of Civil Procedure
[01:12:18.600 --> 01:12:23.600]  that implement 2201.
[01:12:23.600 --> 01:12:29.600]  And what this allows you to do is petition for declaratory judgment.
[01:12:29.600 --> 01:12:36.600]  Now, the good thing about petitioning for declaratory judgment is that you avoid
[01:12:36.600 --> 01:12:41.600]  a Rule 12 motion for failure to state a claim of which recovery can be had.
[01:12:41.600 --> 01:12:45.600]  In a petition for declaratory judgment, there is no claim.
[01:12:45.600 --> 01:12:48.600]  I just had Judge McBride in Fort Worth.
[01:12:48.600 --> 01:12:50.600]  He is a real stinker.
[01:12:50.600 --> 01:12:53.600]  If you're a pro se and you file in his court,
[01:12:53.600 --> 01:12:58.600]  he's going to dismiss with prejudice out of hand no matter what.
[01:12:58.600 --> 01:13:05.600]  The third time he did it to me, I caught him red-handed.
[01:13:05.600 --> 01:13:09.600]  I filed a petition for declaratory judgment in the state.
[01:13:09.600 --> 01:13:11.600]  It was removed to the Fed.
[01:13:11.600 --> 01:13:18.600]  And he dismissed it with prejudice for failure to state a claim.
[01:13:18.600 --> 01:13:20.600]  Duh!
[01:13:20.600 --> 01:13:23.600]  This is a declaratory judgment.
[01:13:23.600 --> 01:13:27.600]  There is no claim.
[01:13:27.600 --> 01:13:34.600]  And he dismissed it the same day I non-suited it.
[01:13:34.600 --> 01:13:38.600]  But I filed criminally against him for dismissing it.
[01:13:38.600 --> 01:13:40.600]  Filed that with the court clerk.
[01:13:40.600 --> 01:13:43.600]  The court clerk took it and then sent it back to me.
[01:13:43.600 --> 01:13:46.600]  Now I'll go back and file against the court clerk,
[01:13:46.600 --> 01:13:51.600]  hoping that the court clerk will tell me some judge told him to do this.
[01:13:51.600 --> 01:13:57.600]  Then I'll file criminally against the judge and I'll have them all really PO'd.
[01:13:57.600 --> 01:14:03.600]  But he dismissed the declaratory judgment case
[01:14:03.600 --> 01:14:08.600]  because there was no petition for a claim.
[01:14:08.600 --> 01:14:11.600]  Failure to state a claim on which recovery can be had.
[01:14:11.600 --> 01:14:13.600]  Well, I didn't ask for recovery.
[01:14:13.600 --> 01:14:16.600]  A declaratory judgment does not ask for recovery.
[01:14:16.600 --> 01:14:21.600]  And if you file a declaratory judgment, do not ask for anything back.
[01:14:21.600 --> 01:14:27.600]  No attorney fees, no costs, no nada.
[01:14:27.600 --> 01:14:30.600]  What a declaratory judgment petition is,
[01:14:30.600 --> 01:14:37.600]  is you ask the court to declare the rights of the parties.
[01:14:37.600 --> 01:14:41.600]  And what you do is a declaratory judgment on the deed of trust.
[01:14:41.600 --> 01:14:47.600]  Since Chase is a national association, you can go straight to the fed.
[01:14:47.600 --> 01:14:53.600]  Then you maintain that Chase was the original lender
[01:14:53.600 --> 01:14:58.600]  and that you have evidence that Chase transferred the beneficial interest
[01:14:58.600 --> 01:15:02.600]  in the instrument to a third party
[01:15:02.600 --> 01:15:09.600]  and failed to give notice in accordance with the Real Estate Federal Procedures Act.
[01:15:09.600 --> 01:15:12.600]  I forget exactly which statute it is.
[01:15:12.600 --> 01:15:15.600]  Right at the end of the Real Estate Federal Procedures Act,
[01:15:15.600 --> 01:15:22.600]  any change of beneficial interest is required to give notice to the borrower within 30 days.
[01:15:22.600 --> 01:15:24.600]  Then go to covenant.
[01:15:24.600 --> 01:15:29.600]  It's generally 14, 15, or 16, depending on which document you have.
[01:15:29.600 --> 01:15:39.600]  But it's the Implicable Law and Service Severability Clause.
[01:15:39.600 --> 01:15:43.600]  And what it says, if anything in here is in violation of any law,
[01:15:43.600 --> 01:15:45.600]  it's severed from the contract.
[01:15:45.600 --> 01:15:48.600]  If it can be severed from the contract, then it's severed from the contract.
[01:15:48.600 --> 01:15:50.600]  The rest of the contract is left intact.
[01:15:50.600 --> 01:15:57.600]  And both parties agree to abide by all governing law.
[01:15:57.600 --> 01:16:04.600]  So both parties agree in the deed of trust to abide by all relevant law.
[01:16:04.600 --> 01:16:12.600]  Chase Bank transferred the beneficial interest in the mortgage to a third party
[01:16:12.600 --> 01:16:16.600]  and failed to give you notice in violation of the Real Estate Federal Procedures Act.
[01:16:16.600 --> 01:16:23.600]  But whatever you do, do not ask for the remedy made available in the Real Estate Federal Procedures Act.
[01:16:23.600 --> 01:16:32.600]  Your remedy, you only reference that in support of your claim of breach of contract.
[01:16:32.600 --> 01:16:42.600]  And you claim, based on breach of contract, that the deed of trust is for it.
[01:16:42.600 --> 01:16:49.600]  Since Chase no longer is the proper holder.
[01:16:49.600 --> 01:16:53.600]  And it's about, we're about to give it a break.
[01:16:53.600 --> 01:16:59.600]  Hang on, Randy Kelton, we'll be right back.
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[01:19:14.600 --> 01:19:23.600]  Okay, we are back.
[01:19:23.600 --> 01:19:28.600]  Randy Kelsen with the Rule of Law Radio and we're talking to Brian in Missouri.
[01:19:28.600 --> 01:19:33.600]  Brian, I would certainly look at a declaratory judgment suit.
[01:19:33.600 --> 01:19:38.600]  Yeah, is that somewhat similar to a quiet title?
[01:19:38.600 --> 01:19:42.600]  Yes, yes, that's precisely a quiet title.
[01:19:42.600 --> 01:19:46.600]  When you ask for it, be careful.
[01:19:46.600 --> 01:19:53.600]  Don't ask for any kind of judgment in your favor.
[01:19:53.600 --> 01:19:58.600]  You're only asking for a declaration of rights.
[01:19:58.600 --> 01:20:04.600]  If you ask for any judgment, then it's not a quiet title.
[01:20:04.600 --> 01:20:23.600]  If you're not careful, the judge will grant you a judgment and then the Court of Appeals will overturn it because it's not a proper quiet title action or declaratory judgment action.
[01:20:23.600 --> 01:20:34.600]  Okay, the trick about that is it gets you past Rule 12 and gets you to discovery.
[01:20:34.600 --> 01:20:37.600]  Now they got a pony up.
[01:20:37.600 --> 01:20:39.600]  Right.
[01:20:39.600 --> 01:20:41.600]  That's always a problem.
[01:20:41.600 --> 01:20:44.600]  That's why they fight Rule 12 so hard.
[01:20:44.600 --> 01:20:47.600]  They want beyond everything to avoid discovery.
[01:20:47.600 --> 01:21:01.600]  Once you get to discovery, they're going to start screwing around with discovery and then you start hitting them for sanctions and moving them toward a declaratory judgment against them.
[01:21:01.600 --> 01:21:06.600]  Once you get past discovery, now you've got some leverage to work with.
[01:21:06.600 --> 01:21:12.600]  Then you go to them and say, guys, let's make our deal.
[01:21:12.600 --> 01:21:21.600]  You chopped this much off my mortgage and I'll let you out of court.
[01:21:21.600 --> 01:21:27.600]  If you're in there with a declaratory judgment suit, they can only lose.
[01:21:27.600 --> 01:21:30.600]  There's no winning for them.
[01:21:30.600 --> 01:21:32.600]  Right.
[01:21:32.600 --> 01:21:33.600]  Are you familiar?
[01:21:33.600 --> 01:21:36.600]  Do you listen to the show much?
[01:21:36.600 --> 01:21:40.600]  I've listened to it a few times, but not regularly, no.
[01:21:40.600 --> 01:21:49.600]  Okay, so you may not be familiar with how to be the pro se from hell.
[01:21:49.600 --> 01:21:51.600]  No, I'm not.
[01:21:51.600 --> 01:21:53.600]  That's what you want to be.
[01:21:53.600 --> 01:21:58.600]  If you take these guys on and you want to be the pro se from hell.
[01:21:58.600 --> 01:22:06.600]  Courts hate pro se litigants, but they don't hate pro se litigants because they write stupid pleadings.
[01:22:06.600 --> 01:22:07.600]  They like that part.
[01:22:07.600 --> 01:22:09.600]  It's easy to screw them around.
[01:22:09.600 --> 01:22:16.600]  They hate pro se litigants because every once in a while they come across the pro se from hell.
[01:22:16.600 --> 01:22:21.600]  The pro se who understands who he is.
[01:22:21.600 --> 01:22:29.600]  You see, when I walk into a courthouse, I am the baddest motor scooter in the building.
[01:22:29.600 --> 01:22:31.600]  And there's only one reason.
[01:22:31.600 --> 01:22:34.600]  It's because I'm nobody.
[01:22:34.600 --> 01:22:35.600]  I'm not a judge.
[01:22:35.600 --> 01:22:36.600]  I'm not a prosecutor.
[01:22:36.600 --> 01:22:38.600]  I'm not a bailiff, a court clerk.
[01:22:38.600 --> 01:22:41.600]  They're all public servants.
[01:22:41.600 --> 01:22:43.600]  They are the servants.
[01:22:43.600 --> 01:22:46.600]  I am the master.
[01:22:46.600 --> 01:22:50.600]  And they are not to forget it.
[01:22:50.600 --> 01:22:55.600]  One of those servants step outside one of my legal lines.
[01:22:55.600 --> 01:22:59.600]  I'm going to land on them like a ton of bricks.
[01:22:59.600 --> 01:23:01.600]  And only the pro se can do that.
[01:23:01.600 --> 01:23:09.600]  A lawyer, he walks up in front of that judge dangling by his bar card.
[01:23:09.600 --> 01:23:17.600]  That judge can jerk his bar card on a whim, can sanction him at his caprice.
[01:23:17.600 --> 01:23:21.600]  I mean, lawyers are terrified of judges.
[01:23:21.600 --> 01:23:22.600]  Pro ses are not.
[01:23:22.600 --> 01:23:26.600]  They kick judges' behinds.
[01:23:26.600 --> 01:23:32.600]  I was just talking to somebody today, and he said the judge griped him out because he was wasting the court's time.
[01:23:32.600 --> 01:23:40.600]  I told him, Ken, you should have told him to tell him, judge, I really don't care about your time.
[01:23:40.600 --> 01:23:50.600]  If you don't have time to do your job, get yourself down off that bench and get me a judge that'll do his job.
[01:23:50.600 --> 01:23:52.600]  You are the boss in the yent.
[01:23:52.600 --> 01:23:53.600]  You can do that.
[01:23:53.600 --> 01:23:54.600]  Right.
[01:23:54.600 --> 01:23:56.600]  The lawyer can't.
[01:23:56.600 --> 01:24:00.600]  You can file judicial conduct complaints against that judge all day long.
[01:24:00.600 --> 01:24:10.600]  And if he says one word about it, then he charges you with obstruction of justice and retaliation.
[01:24:10.600 --> 01:24:12.600]  You got all kind of stuff.
[01:24:12.600 --> 01:24:16.600]  You know what happens if you bar grieve a lawyer?
[01:24:16.600 --> 01:24:17.600]  No.
[01:24:17.600 --> 01:24:29.600]  If you bar grieve a lawyer, you're going to get a letter back from the state bar association saying, we examined into your accusation, find it does not rise to the level of misconduct.
[01:24:29.600 --> 01:24:33.600]  And that's a good thing.
[01:24:33.600 --> 01:24:41.600]  The reason that's a good thing is his insurance company knows that's what they're going to do with the bar grievance.
[01:24:41.600 --> 01:24:46.600]  So how does the insurance carrier gauge this level of risk?
[01:24:46.600 --> 01:24:48.600]  By valid bar grievances?
[01:24:48.600 --> 01:24:50.600]  Look, they throw them all in the trash.
[01:24:50.600 --> 01:25:01.600]  By the numbers, there are seven malpractice insurance underwriters in the country.
[01:25:01.600 --> 01:25:04.600]  Everybody else writes over them.
[01:25:04.600 --> 01:25:07.600]  All of those are underwritten by Lloyds of London.
[01:25:07.600 --> 01:25:10.600]  They all have the same requirements.
[01:25:10.600 --> 01:25:14.600]  One bar grievance your first year of practice, they cancel immediately.
[01:25:14.600 --> 01:25:19.600]  Two bar grievances, any one year of practice, you've been practicing 20 years, they'll cancel.
[01:25:19.600 --> 01:25:24.600]  Three, they'll cancel your law firm's malpractice insurance.
[01:25:24.600 --> 01:25:29.600]  And it starts at like 25 grand a year.
[01:25:29.600 --> 01:25:37.600]  If a guy's been practicing 20 years and you grieve him, they're going to double his malpractice insurance.
[01:25:37.600 --> 01:25:39.600]  It's all about the money.
[01:25:39.600 --> 01:25:47.600]  If you're a bar griever lawyer, if he says one word about it, you're bar grieving for that.
[01:25:47.600 --> 01:25:54.600]  If he has anything to say about the bar grievance, he's to take that up at the state bar, not with you.
[01:25:54.600 --> 01:25:56.600]  Right.
[01:25:56.600 --> 01:26:00.600]  You have tools.
[01:26:00.600 --> 01:26:03.600]  The judge is not your buddy.
[01:26:03.600 --> 01:26:08.600]  You can expect the judge to rule against you out of hand at every turn.
[01:26:08.600 --> 01:26:10.600]  That's not really a problem.
[01:26:10.600 --> 01:26:12.600]  It's just a parameter.
[01:26:12.600 --> 01:26:15.600]  We need to understand that.
[01:26:15.600 --> 01:26:18.600]  Once we understand that going in, it tells us how to do what we do.
[01:26:18.600 --> 01:26:22.600]  We don't care what the judge does anyway.
[01:26:22.600 --> 01:26:26.600]  Your only purpose in the trial court is to set the record for appeal.
[01:26:26.600 --> 01:26:30.600]  You don't care what the judge does.
[01:26:30.600 --> 01:26:31.600]  You're going to win.
[01:26:31.600 --> 01:26:35.600]  The only place you're going to really win is in the court of appeals.
[01:26:35.600 --> 01:26:38.600]  The judge has two primary duties.
[01:26:38.600 --> 01:26:41.600]  Determine the facts in accordance with the rules of evidence.
[01:26:41.600 --> 01:26:44.600]  Apply the law as it comes to him to the facts in the case.
[01:26:44.600 --> 01:26:48.600]  If he does anything else, he's outside scope.
[01:26:48.600 --> 01:26:53.600]  You don't go to the judge to try to find justice.
[01:26:53.600 --> 01:26:55.600]  Not his job.
[01:26:55.600 --> 01:27:01.600]  I better not have a judge in my case ruling on what he thinks is just.
[01:27:01.600 --> 01:27:06.600]  Every judge that gets up there is going to have a different concept of what is just.
[01:27:06.600 --> 01:27:09.600]  He is there to determine the facts in accordance with the rules of evidence.
[01:27:09.600 --> 01:27:12.600]  Apply the law as it comes to him to the facts in the case.
[01:27:12.600 --> 01:27:18.600]  If the law does not lead to just outcomes, that's between me and my legislature.
[01:27:18.600 --> 01:27:24.600]  It's not the judge's place to determine when a law applies and when it doesn't.
[01:27:24.600 --> 01:27:26.600]  I don't care what he does.
[01:27:26.600 --> 01:27:30.600]  You shouldn't care what the trial court does.
[01:27:30.600 --> 01:27:36.600]  You're just there to put the facts on the record and put the law before the court.
[01:27:36.600 --> 01:27:38.600]  It's the court of appeals.
[01:27:38.600 --> 01:27:40.600]  They rule on facts in law.
[01:27:40.600 --> 01:27:42.600]  And that's all.
[01:27:42.600 --> 01:27:46.600]  That's where you're likely to get your proper determination.
[01:27:46.600 --> 01:27:48.600]  So don't worry about the trial court.
[01:27:48.600 --> 01:27:51.600]  And you can make them crazy.
[01:27:51.600 --> 01:27:56.600]  Once the other side knows that you know how to drive the judge crazy.
[01:27:56.600 --> 01:27:59.600]  See, the judge can't say anything to you.
[01:27:59.600 --> 01:28:02.600]  He's going to rule against you anyway, so what the heck?
[01:28:02.600 --> 01:28:10.600]  But he can really work those lawyers over and force them to give you a deal that you can live with.
[01:28:10.600 --> 01:28:17.600]  About the only way you're going to win in court is to come out with an effective deal.
[01:28:17.600 --> 01:28:20.600]  Does that make sense?
[01:28:20.600 --> 01:28:22.600]  Yes, it does.
[01:28:22.600 --> 01:28:29.600]  The question though on the declaratory judgment in federal court, can most of that be done outside the courtroom?
[01:28:29.600 --> 01:28:31.600]  Absolutely.
[01:28:31.600 --> 01:28:36.600]  Nice thing about federal courts, they don't ever want to see you.
[01:28:36.600 --> 01:28:37.600]  Right.
[01:28:37.600 --> 01:28:51.600]  They want to rule on, and most of the rules say that unless there is a request otherwise, all rulings will be made on the pleadings.
[01:28:51.600 --> 01:28:57.600]  And I always put in an objection to oral argument.
[01:28:57.600 --> 01:29:08.600]  And as much as I am pro se, it would be unfair to subject me to a learning counsel in the courtroom.
[01:29:08.600 --> 01:29:16.600]  So I moved the court to make all these rulings on the pleadings.
[01:29:16.600 --> 01:29:18.600]  That's a good point, definitely.
[01:29:18.600 --> 01:29:28.600]  I wanted to also comment too that Chase had asked me to fill out a new application on that loan.
[01:29:28.600 --> 01:29:39.600]  Sometime earlier this year they had contacted me about this loan again and wanted me to sign a new contract with them.
[01:29:39.600 --> 01:29:43.600]  And I said I'd be willing to move forward with you people if you would...
[01:29:43.600 --> 01:30:01.600]  Wait, wait, wait, hang on, about to go to break. Randy Kelton, we'll go radio, we'll be right back.
[01:30:01.600 --> 01:30:06.600]  Some companies will do just about anything to make a buck, including manipulate your mind.
[01:30:06.600 --> 01:30:12.600]  Neuromarketers have their sights on your pocketbook and hope to make you offers your subconscious can't refuse.
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[01:30:46.600 --> 01:30:49.600]  Years ago I learned the so-called four P's of marketing.
[01:30:49.600 --> 01:30:53.600]  Make a great product, price it right, place it on shelves, and promote it.
[01:30:53.600 --> 01:30:57.600]  But today's marketers have a scary new technique called neuromarketing.
[01:30:57.600 --> 01:31:02.600]  It uses EEG and MRI brain scans to peer deep into a person's mind.
[01:31:02.600 --> 01:31:11.600]  Researchers show messages to volunteers and then monitor their brains to see which ones get them to spend and act in certain ways without realizing they've been influenced.
[01:31:11.600 --> 01:31:17.600]  It's bad enough to sell products this way, but now it's being used to sell candidates and political ideas.
[01:31:17.600 --> 01:31:22.600]  This means the mind-controlled zombies from science fiction may soon be all around us.
[01:31:22.600 --> 01:31:29.600]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:29.600 --> 01:31:35.600]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.600 --> 01:31:37.600]  The government says that fire brought it down.
[01:31:37.600 --> 01:31:42.600]  However, 1,500 architects and engineers concluded it was a controlled demolition.
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[01:31:45.600 --> 01:31:48.600]  Thousands of my fellow first responders are dying.
[01:31:48.600 --> 01:31:49.600]  I'm not a conspiracy theorist.
[01:31:49.600 --> 01:31:50.600]  I'm not a structural engineer.
[01:31:50.600 --> 01:31:51.600]  I'm a New York City correction officer.
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[01:31:52.600 --> 01:31:54.600]  I'm the father who lost his son.
[01:31:54.600 --> 01:31:57.600]  We're Americans, and we deserve the truth.
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[01:33:21.600 --> 01:33:23.600]  Okay, we are back.
[01:33:23.600 --> 01:33:24.600]  Randy Kelton.
[01:33:24.600 --> 01:33:26.600]  You have our radio and we're talking to Brian in Missouri.
[01:33:26.600 --> 01:33:27.600]  Okay, go ahead, Brian.
[01:33:27.600 --> 01:33:37.600]  Okay, I was just saying that Chase had contacted me earlier in the year and wanted me to sign a new contract, a new loan document.
[01:33:37.600 --> 01:33:44.600]  Since I didn't, as I was telling you before, I never did convert that over to a permanent loan.
[01:33:44.600 --> 01:33:47.600]  So they asked me to fill out a new application.
[01:33:47.600 --> 01:34:03.600]  I said I'd be willing to move forward with that if they would verify that they had legal rights and standing to enforce the old notes
[01:34:03.600 --> 01:34:07.600]  and they had standing to foreclose on the property.
[01:34:07.600 --> 01:34:12.600]  And they said that they would take that back to Chase and see what they said.
[01:34:12.600 --> 01:34:17.600]  But they just sent me out the application and certainly no verification on that.
[01:34:17.600 --> 01:34:25.600]  And I had sent them a sworn statement of fact of what's taken place and a lot of things that I've told you.
[01:34:25.600 --> 01:34:32.600]  And I gave them a chance to respond to that and they did not respond.
[01:34:32.600 --> 01:34:39.600]  And I also had sent them a RESPA request.
[01:34:39.600 --> 01:34:46.600]  And again, some of the Title 15 wanting to know, you know, the validation of debt, the assignees and so forth.
[01:34:46.600 --> 01:34:48.600]  And they wouldn't respond to it.
[01:34:48.600 --> 01:34:56.600]  The only thing that they had sent me back was another application for financial assistance.
[01:34:56.600 --> 01:35:02.600]  That was the only thing that I got in response to all that.
[01:35:02.600 --> 01:35:11.600]  Financial assistance, was that in the form that they offered for our loan modification?
[01:35:11.600 --> 01:35:15.600]  Yes, it was.
[01:35:15.600 --> 01:35:19.600]  So are you still up to date on your mortgage?
[01:35:19.600 --> 01:35:20.600]  No.
[01:35:20.600 --> 01:35:24.600]  I told you that they had refused to take payments.
[01:35:24.600 --> 01:35:32.600]  I had sent them like five payments back in 2010 and they sent them all back to me.
[01:35:32.600 --> 01:35:40.600]  So you haven't paid since 2010 and they haven't moved to foreclose?
[01:35:40.600 --> 01:35:43.600]  That's correct.
[01:35:43.600 --> 01:35:47.600]  That's very telling.
[01:35:47.600 --> 01:35:50.600]  Yeah, no kidding.
[01:35:50.600 --> 01:35:54.600]  They know they have a problem and they know they have somebody who will fight them.
[01:35:54.600 --> 01:36:06.600]  I would suggest you go for the declaratory judgment because this is kind of a bank shot.
[01:36:06.600 --> 01:36:09.600]  I like to play chess with these guys.
[01:36:09.600 --> 01:36:14.600]  And declaratory judgment of this nature is a pawn move.
[01:36:14.600 --> 01:36:21.600]  They still have their claim and they still have the note and they can still demand payment.
[01:36:21.600 --> 01:36:29.600]  We just set a residue to cut a pawn out there in front of them.
[01:36:29.600 --> 01:36:34.600]  Now they can't enforce the deed of trust.
[01:36:34.600 --> 01:36:42.600]  Now you can go back to them and sue them based on the contract and I can show you how to do that.
[01:36:42.600 --> 01:36:45.600]  Look at your HUD-1 settlement statement.
[01:36:45.600 --> 01:36:53.600]  That's generally a legal-sized two-page document that shows all the fees you paid at closing.
[01:36:53.600 --> 01:36:56.600]  Question.
[01:36:56.600 --> 01:37:04.600]  When you sat down at the closing table, did the trustees, the title company,
[01:37:04.600 --> 01:37:13.600]  provide documentation to validate each of the claims made on the HUD-1 settlement statement
[01:37:13.600 --> 01:37:18.600]  to show that they were not otherwise forbidden to be charged by law,
[01:37:18.600 --> 01:37:26.600]  that they were for services actually rendered, that the services were necessary,
[01:37:26.600 --> 01:37:32.600]  the amounts charged were reasonable, and that the lender did not take an undisclosed markup on the amounts charged.
[01:37:32.600 --> 01:37:34.600]  Did they provide any of that stuff?
[01:37:34.600 --> 01:37:37.600]  No, I don't remember them doing that.
[01:37:37.600 --> 01:37:40.600]  I've never had anybody say they did that.
[01:37:40.600 --> 01:37:50.600]  So as far as you're concerned, all of the fees charged on the HUD-1 settlement statement are fraudulent.
[01:37:50.600 --> 01:38:00.600]  Now I can assure you all of them are not, but I can also assure you that a couple of them are.
[01:38:00.600 --> 01:38:12.600]  Document preparation fee, document assembly fee, warehousing fee, there's a number of charges.
[01:38:12.600 --> 01:38:14.600]  They just stick in there.
[01:38:14.600 --> 01:38:19.600]  It was just a standard practice.
[01:38:19.600 --> 01:38:22.600]  Now here's their problem.
[01:38:22.600 --> 01:38:31.600]  See, I've helped over 600 people file federal lawsuits, and about 300 of them contained this claim.
[01:38:31.600 --> 01:38:39.600]  And we stated in the document, if you will prove up any one of these fees, we will deduct it from the calculation.
[01:38:39.600 --> 01:38:44.600]  Got any idea how many fees were proved up?
[01:38:44.600 --> 01:38:46.600]  It's a real easy number.
[01:38:46.600 --> 01:38:48.600]  Half.
[01:38:48.600 --> 01:38:50.600]  Zero.
[01:38:50.600 --> 01:39:01.600]  And the reason they never proved up a single claim is because if they proved up a single claim and didn't prove up another,
[01:39:01.600 --> 01:39:07.600]  it would lead to the adverse inference that it was exactly what we said it was,
[01:39:07.600 --> 01:39:27.600]  a fraudulent fee charged to the borrower for the purpose of using that fee to bribe your fiduciaries into selling you a predatory and more profitable loan.
[01:39:27.600 --> 01:39:33.600]  Okay, what you do is you take that number on line 1400.
[01:39:33.600 --> 01:39:44.600]  You take what the seller pays and what the buyer pays, add them together, deduct them from the original principal on the first payment as an overpayment,
[01:39:44.600 --> 01:39:48.600]  and then run an amortization out of the note.
[01:39:48.600 --> 01:40:03.600]  The first one I did was Steve Kidmore, he was a fellow broadcaster, $116,000 note at 6%, $12,000 on the HUD-1.
[01:40:03.600 --> 01:40:09.600]  His note went to zero at payment 240.
[01:40:09.600 --> 01:40:16.600]  For the last 10 years, he would be overpaying the note.
[01:40:16.600 --> 01:40:20.600]  Well, the note was only five years old.
[01:40:20.600 --> 01:40:25.600]  But in fraud, you don't claim the amount you were actually defrauded of.
[01:40:25.600 --> 01:40:30.600]  You claim the amount you would have been defrauded of had their plan ran to fruition.
[01:40:30.600 --> 01:40:39.600]  In this case, it was $50,043 in some sense, 50 grand overpayment on a $116,000 note.
[01:40:39.600 --> 01:40:44.600]  But you don't sue for that amount, you sue for triple.
[01:40:44.600 --> 01:40:46.600]  Right.
[01:40:46.600 --> 01:40:50.600]  So now you send them a QWR.
[01:40:50.600 --> 01:40:57.600]  You claim in the QWR that all of these fees are bogus because they weren't verified at closing.
[01:40:57.600 --> 01:41:00.600]  In demand, they prove them up.
[01:41:00.600 --> 01:41:05.600]  And when they don't prove them up, I got this little thing I do.
[01:41:05.600 --> 01:41:12.600]  I got this QWR where I ask all that, and then I put in 15 pages trash.
[01:41:12.600 --> 01:41:16.600]  If you look on the Internet, you'll find a lot of documents that purport to be a QWR,
[01:41:16.600 --> 01:41:21.600]  but all they are is a request for admissions or discovery, productions.
[01:41:21.600 --> 01:41:23.600]  Right.
[01:41:23.600 --> 01:41:25.600]  And the song's trash.
[01:41:25.600 --> 01:41:27.600]  They don't have to respond to any of that.
[01:41:27.600 --> 01:41:29.600]  So I put it in there.
[01:41:29.600 --> 01:41:36.600]  So the lawyer is going to read that validation part, and he's going to read this discovery.
[01:41:36.600 --> 01:41:38.600]  That's trash, that's trash, that's trash.
[01:41:38.600 --> 01:41:40.600]  He's seen this a whole bunch of times.
[01:41:40.600 --> 01:41:46.600]  They all say trash, and he never reads the last paragraph.
[01:41:46.600 --> 01:41:56.600]  It says, if you fail to responsively answer this document within the statutory time limit,
[01:41:56.600 --> 01:42:02.600]  please construe this as a notice of rescission.
[01:42:02.600 --> 01:42:04.600]  They got 20 days.
[01:42:04.600 --> 01:42:08.600]  So they got 30 days to respond under RESPA.
[01:42:08.600 --> 01:42:13.600]  And then another 20 days once the rescission is triggered.
[01:42:13.600 --> 01:42:18.600]  After that, it is all over.
[01:42:18.600 --> 01:42:24.600]  The courts will say that you only got three years to resent.
[01:42:24.600 --> 01:42:35.600]  However, under 15 U.S. Code 1635-I, 1535-F gives you three years.
[01:42:35.600 --> 01:42:46.600]  1535-I says, after foreclosure, and foreclosure is defined as notice of acceleration,
[01:42:46.600 --> 01:42:56.600]  if you can show more than $35 undisclosed fees, the right to renew is reinvigorated.
[01:42:56.600 --> 01:42:59.600]  I mean, sorry, the right to rescind is renewed.
[01:42:59.600 --> 01:43:01.600]  It doesn't say exactly that way.
[01:43:01.600 --> 01:43:06.600]  You may rescind the note if you can find more than $35 undisclosed fee,
[01:43:06.600 --> 01:43:17.600]  or if you can show that the broker fee was not taken out of the finance charge.
[01:43:17.600 --> 01:43:25.600]  And what taken out of the finance charge means is taken out of the interest paid, not added to the principal.
[01:43:25.600 --> 01:43:37.600]  I can always find a whole lot of undisclosed fees because I consider all of the fees that were properly validated at closing as undisclosed.
[01:43:37.600 --> 01:43:39.600]  You give them notice to rescind.
[01:43:39.600 --> 01:43:47.600]  Okay, they got 20 days to complete the rescission or file an action in the court.
[01:43:47.600 --> 01:43:54.600]  If they don't do it within that time, the borrower may retain the property with no further obligation.
[01:43:54.600 --> 01:43:59.600]  Hang on, going to break, we'll be right back.
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[01:46:20.600 --> 01:46:23.600]  Okay, we are back.
[01:46:23.600 --> 01:46:29.600]  I do need to move on, but this is my favorite time.
[01:46:29.600 --> 01:46:31.600]  Okay, Brian.
[01:46:31.600 --> 01:46:33.600]  Recision.
[01:46:33.600 --> 01:46:38.600]  You really need to read 15 U.S.C. 1635.
[01:46:38.600 --> 01:46:47.600]  You should read all of 1635, but primarily 1635 I.
[01:46:47.600 --> 01:46:50.600]  Oh, hold on, someone muted you.
[01:46:50.600 --> 01:46:51.600]  There you go.
[01:46:51.600 --> 01:46:56.600]  All right, U.S.C. 15, then 1635 I.
[01:46:56.600 --> 01:47:00.600]  No, 1635.
[01:47:00.600 --> 01:47:03.600]  All right, that's title 15.
[01:47:03.600 --> 01:47:05.600]  That's the Cruising Lending Act.
[01:47:05.600 --> 01:47:07.600]  You should read all of 1635.
[01:47:07.600 --> 01:47:15.600]  It's not very big, so you can see all these in context, but primarily 1635 I.
[01:47:15.600 --> 01:47:23.600]  And just wanted to mention, too, that those payments that I were actually making to that bank did not go towards the principal.
[01:47:23.600 --> 01:47:29.600]  That was all basically interest payments at prime back then.
[01:47:29.600 --> 01:47:36.600]  So there was really no payments that actually went towards principal during that construction phase.
[01:47:36.600 --> 01:47:40.600]  So it was just interest only?
[01:47:40.600 --> 01:47:42.600]  Basically, yes.
[01:47:42.600 --> 01:47:46.600]  Oh, so the principal hasn't went down at all?
[01:47:46.600 --> 01:47:48.600]  No.
[01:47:48.600 --> 01:47:49.600]  Oh, that's interesting.
[01:47:49.600 --> 01:47:51.600]  You may get the whole enchilada.
[01:47:51.600 --> 01:47:59.600]  We can certainly make a pretty good deal on them, especially since they stopped accepting payments.
[01:47:59.600 --> 01:48:00.600]  Right.
[01:48:00.600 --> 01:48:05.600]  I'll email you tomorrow if you can maybe look for it, and I'll send you over a couple things.
[01:48:05.600 --> 01:48:16.600]  And I wanted to get the person's name on that securitization audit and so forth, but I will send that over to you tomorrow.
[01:48:16.600 --> 01:48:17.600]  Okay.
[01:48:17.600 --> 01:48:23.600]  Send that to me, Randy at RuleOfLoveRadio.com.
[01:48:23.600 --> 01:48:26.600]  I will forward the email to Joe.
[01:48:26.600 --> 01:48:27.600]  Okay.
[01:48:27.600 --> 01:48:29.600]  Yeah, I appreciate you taking the time on that.
[01:48:29.600 --> 01:48:31.600]  And yeah, I'll be in touch with you.
[01:48:31.600 --> 01:48:32.600]  I'll send you over a couple things.
[01:48:32.600 --> 01:48:44.600]  I want to send you over that first foreclosure letter, too, and let you look at that and see if you think that was actually a legal foreclosure notice,
[01:48:44.600 --> 01:48:48.600]  because I'd certainly like to look into that statute of limitations here in Missouri.
[01:48:48.600 --> 01:48:57.600]  If that is passed, then that might be something to look at, because that technically would be a little over six years now.
[01:48:57.600 --> 01:49:00.600]  That would be interesting.
[01:49:00.600 --> 01:49:07.600]  Especially if you can stall them off a little longer to make sure you got plenty of room.
[01:49:07.600 --> 01:49:08.600]  Right.
[01:49:08.600 --> 01:49:09.600]  Okay.
[01:49:09.600 --> 01:49:11.600]  Let us know how this goes.
[01:49:11.600 --> 01:49:13.600]  Yeah, I'll send that over to you tomorrow.
[01:49:13.600 --> 01:49:15.600]  You can be looking for it.
[01:49:15.600 --> 01:49:16.600]  Okay.
[01:49:16.600 --> 01:49:17.600]  Thank you, Brian.
[01:49:17.600 --> 01:49:18.600]  Appreciate your time.
[01:49:18.600 --> 01:49:19.600]  Thanks.
[01:49:19.600 --> 01:49:20.600]  Okay.
[01:49:20.600 --> 01:49:23.600]  Now we're going to go to Mark in Wisconsin.
[01:49:23.600 --> 01:49:24.600]  Hello, Mark.
[01:49:24.600 --> 01:49:26.600]  I know you have been causing trouble.
[01:49:26.600 --> 01:49:29.600]  What have you been up to?
[01:49:29.600 --> 01:49:33.600]  Well, I've got a couple of questions for you.
[01:49:33.600 --> 01:49:47.600]  The first, well, I've been digging around and trying to deal with this dead lawyer and his decision to remove himself from his criminal case.
[01:49:47.600 --> 01:49:52.600]  So you actually found a good lawyer?
[01:49:52.600 --> 01:50:00.600]  Well, actually, to be fair, there have been a couple of good lawyers that I've known over the years.
[01:50:00.600 --> 01:50:12.600]  And there have been a couple of lawyers that, when confronted, have followed the recommended rules of conduct by the ABA.
[01:50:12.600 --> 01:50:14.600]  They got out of the case.
[01:50:14.600 --> 01:50:19.600]  They said, I can't deal with this guy, and they flat the case.
[01:50:19.600 --> 01:50:23.600]  They do exist, but they're rare.
[01:50:23.600 --> 01:50:27.600]  I was referring to this one because he was dead.
[01:50:27.600 --> 01:50:28.600]  Yes.
[01:50:28.600 --> 01:50:31.600]  Well, and it's a start, I guess.
[01:50:31.600 --> 01:50:46.600]  But in the particular issues, one of them is whether or not a dead person has standing.
[01:50:46.600 --> 01:50:49.600]  I mean, they have standing, obviously.
[01:50:49.600 --> 01:50:52.600]  Was that a joke?
[01:50:52.600 --> 01:50:55.600]  Well.
[01:50:55.600 --> 01:50:58.600]  Dead person standing.
[01:50:58.600 --> 01:51:03.600]  Somehow, I can't see a dead person having standing.
[01:51:03.600 --> 01:51:12.600]  I could see a dead person's heir having some kind of standing for certain things.
[01:51:12.600 --> 01:51:22.600]  But this is an issue we've argued over the vampire lenders.
[01:51:22.600 --> 01:51:33.600]  Judge Shrek in New York called them vampire lenders because the entity is a person under law, and the person dies.
[01:51:33.600 --> 01:51:43.600]  And then five years later, the person directs MERS to liquidate its assets.
[01:51:43.600 --> 01:51:44.600]  How does that work?
[01:51:44.600 --> 01:51:50.600]  So we're claiming no, that a dead person does not have standing.
[01:51:50.600 --> 01:51:51.600]  Right.
[01:51:51.600 --> 01:52:02.600]  But is that just straight up common law that's accepted, or is there a specific case, you know, federal case of do we cheat him versus how?
[01:52:02.600 --> 01:52:16.600]  I have to look, but I am certain there's going to be case law about someone attempting to assert the rights of dead guys.
[01:52:16.600 --> 01:52:20.600]  I would think so, too, but I can't find the case law.
[01:52:20.600 --> 01:52:22.600]  That could just be because I'm not good enough.
[01:52:22.600 --> 01:52:26.600]  Well, it might be we're not asking the right question.
[01:52:26.600 --> 01:52:33.600]  And if it's a dead guy, the dead guy can't authorize anything.
[01:52:33.600 --> 01:52:35.600]  I mean, that doesn't have to be in law.
[01:52:35.600 --> 01:52:39.600]  I mean, that's just the guy's dead.
[01:52:39.600 --> 01:52:46.600]  So someone would have to have power of attorney for the dead guy.
[01:52:46.600 --> 01:52:48.600]  Correct.
[01:52:48.600 --> 01:53:07.600]  And even if he's a dead guy, his whatever the issue is, whatever the legal right, it would have to go to probate if he's a human dead guy.
[01:53:07.600 --> 01:53:13.600]  And there are certain things that can go to probate, certain things you can't.
[01:53:13.600 --> 01:53:24.600]  So this would go to what the nature of the claim is.
[01:53:24.600 --> 01:53:29.600]  And I'm asking it that way because I kind of know what's going on here.
[01:53:29.600 --> 01:53:37.600]  Is this in reference to the attempt to seal his records?
[01:53:37.600 --> 01:53:38.600]  Correct.
[01:53:38.600 --> 01:53:42.600]  This is tied to that.
[01:53:42.600 --> 01:53:45.600]  I found...
[01:53:45.600 --> 01:53:46.600]  Wait a minute.
[01:53:46.600 --> 01:53:49.600]  I think we may be asking the wrong question.
[01:53:49.600 --> 01:53:54.600]  Does a dead guy have any rights?
[01:53:54.600 --> 01:54:13.600]  Well, the courts, I found a legal scholarly PDF that is 42 pages mainly focusing on California case law.
[01:54:13.600 --> 01:54:22.600]  And they're talking about how did the dead have rights as a convenience to the living?
[01:54:22.600 --> 01:54:28.600]  And that's why we go ahead and have states and other things.
[01:54:28.600 --> 01:54:29.600]  Okay, wait, wait, wait.
[01:54:29.600 --> 01:54:35.600]  What does convenience to the living mean?
[01:54:35.600 --> 01:54:45.600]  He cites 10 or 15 different California cases and it's a rabbit hole that it's just like,
[01:54:45.600 --> 01:54:57.600]  okay, is there just a straight up decision that's been made somewhere that I can actually use as a site if necessary?
[01:54:57.600 --> 01:55:06.600]  A bunch of this is really just kind of not actually relevant because I have no idea
[01:55:06.600 --> 01:55:11.600]  if the court is going to accept the paperwork I've given and what the judge is going to do.
[01:55:11.600 --> 01:55:17.600]  If the judge says this case is closed, everything I've done doesn't matter.
[01:55:17.600 --> 01:55:27.600]  If the judge wants to have a fight, well, how can the dead guy's estate maintain either side of the fight
[01:55:27.600 --> 01:55:32.600]  to open the records or close the records?
[01:55:32.600 --> 01:55:41.600]  And ultimately, my standing is I'm just the master and somebody who wants an open record.
[01:55:41.600 --> 01:55:46.600]  I'm not even sure if I've got standing to do anything.
[01:55:46.600 --> 01:55:49.600]  Because these are public records, they're yours.
[01:55:49.600 --> 01:55:50.600]  Yes.
[01:55:50.600 --> 01:56:00.600]  So you have standing by virtue of your being a Wisconsin national.
[01:56:00.600 --> 01:56:06.600]  If the court goes ahead and says, yes, we'll let you have standing and let you pursue this,
[01:56:06.600 --> 01:56:16.600]  I don't know what the court is going to do, but I need to at least have an argument and a good argument available.
[01:56:16.600 --> 01:56:26.600]  The best one on his deadness is a 1970 Wisconsin case and a 76 federal case
[01:56:26.600 --> 01:56:35.600]  that discusses whether or not you have an infamy tied to your name if that is actionable
[01:56:35.600 --> 01:56:43.600]  or you have protection from the state when the state does something that would apply infamy to your name.
[01:56:43.600 --> 01:56:54.600]  And ultimately, both cases state that a person has the ability to fight in the court to defend their name.
[01:56:54.600 --> 01:57:02.600]  And I've made the claim that this gentleman, also being a lawyer, was aware of these cases,
[01:57:02.600 --> 01:57:14.600]  the rights to fight, and his decision to silence his own voice tells the court exactly how much he cared for that right.
[01:57:14.600 --> 01:57:20.600]  Who has the right to stand in his shoes?
[01:57:20.600 --> 01:57:28.600]  That's why I ask the question if, you know, if there's standing, because if he doesn't have standing,
[01:57:28.600 --> 01:57:35.600]  then because he's dead, no lawyer would have standing to act in his place.
[01:57:35.600 --> 01:57:44.600]  Now, I'm thinking about, okay, a dead guy here and someone, something defames the dead guy.
[01:57:44.600 --> 01:57:49.600]  I guess we need to ask, what does defame mean?
[01:57:49.600 --> 01:58:00.600]  Am I defamed by someone speaking the truth about me, even if it is derogatory?
[01:58:00.600 --> 01:58:09.600]  And actually, in Wisconsin law, while defamation is a defense,
[01:58:09.600 --> 01:58:20.600]  you can still defame someone based on my reading if it impacts them, even if it is the truth.
[01:58:20.600 --> 01:58:24.600]  Hmm. Okay.
[01:58:24.600 --> 01:58:28.600]  That's interesting. Okay, hang on, we're about to go to break.
[01:58:28.600 --> 01:58:50.600]  This is Randy Kelkin, The Root of Law Radio, and we're talking to Mark the Mayhem Maker who'll be back on the other side.
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