ROL_2016-09-16_16k_Hr1-2.timecode

[00:00.000 --> 00:07.000]  The following news flash is brought to you by the Lone Star Lowdown, providing you daily
[00:07.000 --> 00:09.000]  bulletins for the commodities market.
[00:09.000 --> 00:22.000]  Today in history, news updates and the inside scoop into the tides of the alternatives.
[00:22.000 --> 00:29.000]  Markets for Friday, the 16th of September, 2016, are currently trading with gold at $1,309.71
[00:29.000 --> 00:36.000]  silver at $18.76 an ounce, Texas crude at $43.91 a barrel, and Bitcoin is currently
[00:36.000 --> 00:45.000]  sitting at about $607 U.S. currency.
[00:45.000 --> 00:49.000]  Today in history, the year 1920, the Wall Street bombing occurred.
[00:49.000 --> 00:53.000]  At 1201 noon, in front of the J.P. Morgan building in the Financial District of Manhattan,
[00:53.000 --> 00:58.000]  a bomb and a horse wagon exploded, killing 30 people immediately, while another 8 people
[00:58.000 --> 01:03.000]  died afterwards due to injuries, and at least 143 people were seriously injured.
[01:03.000 --> 01:07.000]  The bombing was never officially solved, but many investigators and historians believe
[01:07.000 --> 01:11.000]  that the Wall Street bombing was carried out by the Galenist or Italian syndicalist anarchist
[01:11.000 --> 01:15.000]  groups responsible for a series of bombings the previous year, thought to have been stirred
[01:15.000 --> 01:21.000]  up about due to post-war social unrest, labor struggles, and anti-capitalist agitation in
[01:21.000 --> 01:26.000]  the United States.
[01:26.000 --> 01:30.000]  In recent news, Obama hosted a meeting at the Oval Office with former Mayor of New York
[01:30.000 --> 01:34.000]  Michael Bloomberg, former Treasury Secretary under George W. Bush Hank Paulson,
[01:34.000 --> 01:38.000]  Atlanta Mayor Kasem Reid, Ohio Governor John Kasich, former contender for the Republican
[01:38.000 --> 01:41.000]  presidential bid, and many other individuals.
[01:41.000 --> 01:45.000]  The topic of discussion, the Trans-Pacific Partnership, the 12-Nation Pacific Rim Free
[01:45.000 --> 01:48.000]  Trade Deal, and how to make it legislation.
[01:48.000 --> 01:51.000]  It seems that the President, being on the last stretch of his presidency, and with both
[01:51.000 --> 01:55.000]  Donald Trump and Hillary Clinton at least rhetorically opposed to the 12-Nation Treaty,
[01:55.000 --> 02:00.000]  establishment insiders like politician John Kasich is working overtime with the President
[02:00.000 --> 02:02.000]  for free trade, so called.
[02:02.000 --> 02:04.000]  He told the media during the White House press briefing,
[02:04.000 --> 02:07.000]  This one, TPP, is much different than even NAFTA.
[02:07.000 --> 02:09.000]  This is China. This is Russia.
[02:09.000 --> 02:11.000]  These are fledgling countries in Asia.
[02:11.000 --> 02:13.000]  And we want to pivot to Asia?
[02:13.000 --> 02:14.000]  We have to do this.
[02:14.000 --> 02:17.000]  This is an opportunity for Congress to carry out its responsibility.
[02:17.000 --> 02:19.000]  You got to get this done.
[02:19.000 --> 02:21.000]  I'd love to think it could happen next year.
[02:21.000 --> 02:24.000]  I'm not convinced it can happen after this year.
[02:24.000 --> 02:28.000]  So, in other words, get ready for a sneaky legislative session this fall, since Kasich
[02:28.000 --> 02:34.000]  also defended the prospect of Obama pushing TPP towards the lame-duck season of Congress,
[02:34.000 --> 02:38.000]  which, no, isn't all year, but apparently after the November elections,
[02:38.000 --> 02:43.000]  but before the swearing-in of the new President in Congress in January.
[02:43.000 --> 02:45.000]  The Lowstar Lowdown is currently looking for sponsors.
[02:45.000 --> 02:48.000]  See how this product or service you like to advertise with us.
[02:48.000 --> 02:53.000]  Feel free to get in and call at 210-363-2257.
[02:53.000 --> 02:58.000]  This is Rick Brody with your Lowdown for September 16, 2016.
[03:23.000 --> 03:36.000]  Okay, howdy, howdy.
[03:36.000 --> 03:46.000]  This is Randy Kelton with the Rule of Law Radio on this Friday, the 16th day of September, 2016.
[03:46.000 --> 03:49.000]  And we did have an archive last night, and I apologize for that.
[03:49.000 --> 03:56.000]  We had some technical issues we were struggling with, but I think we got those straightened out.
[03:56.000 --> 04:02.000]  So we're back live tonight, September the 16th.
[04:02.000 --> 04:10.000]  And I have been working on my e-book, Legal 101.
[04:10.000 --> 04:16.000]  We've been doing this show for some eight years now.
[04:16.000 --> 04:22.000]  And over time, most of the listeners probably don't recognize it,
[04:22.000 --> 04:29.000]  but we the hosts do, we go over the same things a lot.
[04:29.000 --> 04:36.000]  And I've had opportunity to deliver information in a variety of different ways
[04:36.000 --> 04:41.000]  to find out what works and what doesn't.
[04:41.000 --> 04:47.000]  And in developing the e-book, it is a compilation of some of those things
[04:47.000 --> 04:56.000]  that we have learned over time in trying to disseminate information in a way that'll make sense.
[04:56.000 --> 05:06.000]  And some of you who've listened for a long time are aware that my primary study is psychology and not law.
[05:06.000 --> 05:15.000]  And I use a lot of that, but the last week or two have kind of been taken aback.
[05:15.000 --> 05:22.000]  We have Scott that he helps us with the station, and he calls in a lot.
[05:22.000 --> 05:26.000]  He has really been taking those folks on.
[05:26.000 --> 05:33.000]  He's listened to us a lot, and somehow I'm missing something.
[05:33.000 --> 05:37.000]  I'm giving him direction in how to do this,
[05:37.000 --> 05:45.000]  and I'm finding subtle things that he's missing that I find a lot of process miss.
[05:45.000 --> 05:52.000]  And I haven't found an elegant way of interrupting those patterns
[05:52.000 --> 05:56.000]  and replacing them with more effective patterns.
[05:56.000 --> 06:01.000]  The important thing is that most people, once we get out of school, we don't use English a lot.
[06:01.000 --> 06:07.000]  We don't write letters. We don't draft documents.
[06:07.000 --> 06:13.000]  When I said we don't use English, we don't use written English.
[06:13.000 --> 06:19.000]  So we lose some of our skill over time,
[06:19.000 --> 06:27.000]  but there are other issues other than just skill in writing that I'm having trouble with.
[06:27.000 --> 06:37.000]  And that is the way we think about problematic issues.
[06:37.000 --> 06:42.000]  We tend to think in terms of unstated presuppositions.
[06:42.000 --> 06:47.000]  We think in terms of what we think we already know about a subject,
[06:47.000 --> 06:54.000]  and it keeps us from observing the subject clearly.
[06:54.000 --> 06:59.000]  And then we wind up making errors not only in judgment,
[06:59.000 --> 07:04.000]  but in the way we try to present information.
[07:04.000 --> 07:11.000]  And here there's one thing that's real common in the Patriot community,
[07:11.000 --> 07:15.000]  is this need to explain ourselves.
[07:15.000 --> 07:22.000]  And that may well be one of the most problematic issues.
[07:22.000 --> 07:27.000]  I just talked to Jeff from Mississippi.
[07:27.000 --> 07:37.000]  He won't be calling in tonight, but his question was about filing a notice of appeal.
[07:37.000 --> 07:43.000]  And he asked if he had to explain what the court did in his notice of appeal.
[07:43.000 --> 07:45.000]  I said, heck no. A notice of appeal is just a notice.
[07:45.000 --> 07:51.000]  He said, hey guys, I hereby give notice that this is my intent to appeal.
[07:51.000 --> 07:55.000]  And that tells the clerk to take all of the documents and send them to the Fifth Circuit,
[07:55.000 --> 07:57.000]  which is the federal court.
[07:57.000 --> 08:01.000]  And he said he had a lawyer, and the lawyer filed a notice of appeal
[08:01.000 --> 08:05.000]  and put all kinds of arguments in it.
[08:05.000 --> 08:09.000]  It's not just the proceeds.
[08:09.000 --> 08:20.000]  Lawyers as well, they seem to have a problem carefully framing their position.
[08:20.000 --> 08:27.000]  And one of the most, in my opinion, the most important understandings
[08:27.000 --> 08:35.000]  that you and I and the rest of us proceeds who deal with the legal system,
[08:35.000 --> 08:39.000]  one of the most important things we need to understand
[08:39.000 --> 08:46.000]  is that all of these people working with the court system are all public officials.
[08:46.000 --> 08:51.000]  They're all public servants.
[08:51.000 --> 08:54.000]  They're the servants who are the masters.
[08:54.000 --> 08:58.000]  They are under contract to us.
[08:58.000 --> 09:00.000]  Their contract is not the Constitution.
[09:00.000 --> 09:03.000]  Their contract is the oath of office.
[09:03.000 --> 09:08.000]  They swore upon their oath that they would do certain things.
[09:08.000 --> 09:18.000]  And then based on that swearing, they were given tax dollars
[09:18.000 --> 09:24.000]  in the form of payment for their services, and they cashed those checks,
[09:24.000 --> 09:27.000]  and they did with them what they chose.
[09:27.000 --> 09:34.000]  Well, that change of value, when something of value changed his hands,
[09:34.000 --> 09:36.000]  a contract is created.
[09:36.000 --> 09:39.000]  Well, they've entered into a contract,
[09:39.000 --> 09:45.000]  and while they did not enter into the contract directly with you and I,
[09:45.000 --> 09:49.000]  you and I are the intended third party beneficiaries.
[09:49.000 --> 09:56.000]  So we have standing to address the contract.
[09:56.000 --> 10:02.000]  When I go into a courthouse, I am the CEO.
[10:02.000 --> 10:05.000]  I think of myself as the CEO.
[10:05.000 --> 10:08.000]  And everybody works, everybody in there works for me.
[10:08.000 --> 10:11.000]  Now, in saying that I'm the CEO,
[10:11.000 --> 10:15.000]  my company has certain laws, rules, and regulations
[10:15.000 --> 10:20.000]  that I ask the CEO agreed to abide by.
[10:20.000 --> 10:23.000]  So I am governed by these laws, rules, and regulations,
[10:23.000 --> 10:26.000]  just like everybody else is.
[10:26.000 --> 10:31.000]  But I am the one for whom it is the ultimate responsibility
[10:31.000 --> 10:38.000]  to ensure that all of my employees act in accordance
[10:38.000 --> 10:41.000]  with the bylaws of their contract,
[10:41.000 --> 10:46.000]  and one of which is that they will uphold the Constitution
[10:46.000 --> 10:52.000]  and protect the Constitution and uphold the laws of the state of Texas.
[10:52.000 --> 10:57.000]  So when one of my employees violates a law,
[10:57.000 --> 11:05.000]  I have no obligation to go in there and give him an explanation.
[11:05.000 --> 11:12.000]  Under law, the presumption is that you have imputed knowledge of all the law.
[11:12.000 --> 11:16.000]  If you don't have knowledge, you're screwed.
[11:16.000 --> 11:18.000]  Screws the U.S.
[11:18.000 --> 11:22.000]  Says a private citizen cannot claim ignorance of the law
[11:22.000 --> 11:24.000]  as a defense to prosecution.
[11:24.000 --> 11:28.000]  Public officials held to a much higher standard.
[11:28.000 --> 11:32.000]  If a public official violates the ruling of this court
[11:32.000 --> 11:38.000]  and he be sane, he may not be heard to say he knows not what he does.
[11:38.000 --> 11:44.000]  So public officials are held to a very much higher standard.
[11:44.000 --> 11:50.000]  Not only must they know the law relating to their office,
[11:50.000 --> 11:53.000]  they must also know all the case law relating to their office,
[11:53.000 --> 11:56.000]  and that's not really a lot to ask.
[11:56.000 --> 11:59.000]  Because if you're a justice of the peace,
[11:59.000 --> 12:04.000]  there's case law relating to what you do, but not a whole lot.
[12:04.000 --> 12:10.000]  If you're a police officer, there's case law relating to what you do.
[12:10.000 --> 12:13.000]  And since you run around with a pistol on your hip,
[12:13.000 --> 12:16.000]  you really need to know what that is.
[12:16.000 --> 12:23.000]  I was at the district clerk's office in Tarrant County a week or so ago,
[12:23.000 --> 12:32.000]  and the clerk was being difficult.
[12:32.000 --> 12:39.000]  And I'm trying to keep from having to file my scope and content request.
[12:39.000 --> 12:45.000]  The scope and content request asks for the names of every record they keep,
[12:45.000 --> 12:52.000]  how they keep them, the substantive content of those records,
[12:52.000 --> 12:57.000]  to whom I make a request for those records.
[12:57.000 --> 13:02.000]  This is about three pages, and every time I file one,
[13:02.000 --> 13:09.000]  I always get a response that says that they're not sure of what I'm asking for.
[13:09.000 --> 13:12.000]  I say always, one time I didn't.
[13:12.000 --> 13:16.000]  And that was a captain in the sheriff's department.
[13:16.000 --> 13:20.000]  At the time, he was the president of the school board
[13:20.000 --> 13:25.000]  and later became a justice of the peace and then a municipal court judge.
[13:25.000 --> 13:28.000]  He paid attention, read the law, and understood it,
[13:28.000 --> 13:32.000]  and acted in accordance with it. That was Mark Autry.
[13:32.000 --> 13:41.000]  But he was the only one. Everybody else asked me to be more specific.
[13:41.000 --> 13:45.000]  And they tell me that they don't understand what I'm asking for,
[13:45.000 --> 13:48.000]  and I always refer them to the legislature
[13:48.000 --> 13:54.000]  because my scope and content request is taken directly out of the Open Government Act.
[13:54.000 --> 14:03.000]  In the section, it says this information is specifically made open for public inspection.
[14:03.000 --> 14:06.000]  So when they fail to respond to that,
[14:06.000 --> 14:10.000]  or if they ask for an opinion from the attorney general,
[14:10.000 --> 14:14.000]  I immediately file criminal charges against them.
[14:14.000 --> 14:20.000]  When it comes to open records, the custodian of the record must provide you with the records,
[14:20.000 --> 14:25.000]  or they must request an opinion from the state attorney general.
[14:25.000 --> 14:30.000]  In this case, I would put in a request to the clerk
[14:30.000 --> 14:38.000]  requesting listings of all funds held in trust by the clerk.
[14:38.000 --> 14:42.000]  I was looking for overages on tax sales,
[14:42.000 --> 14:46.000]  and got a response back saying that they didn't have any.
[14:46.000 --> 14:49.000]  They didn't hold any funds in trust.
[14:49.000 --> 14:56.000]  Well, I just looked at a $284,000 check they received in trust the week before.
[14:56.000 --> 15:03.000]  So we're going to have a pretty good fight with the district clerk in Tarrant County.
[15:03.000 --> 15:10.000]  They called security on me, and we had an incident.
[15:10.000 --> 15:13.000]  I got a little excited.
[15:13.000 --> 15:18.000]  I had a bailiff bump up against me, press against me, push me backwards,
[15:18.000 --> 15:24.000]  trying to get me to respond to him so they could beat me into unconsciousness.
[15:24.000 --> 15:30.000]  But I didn't fall for it, so now I called 911 on the officer,
[15:30.000 --> 15:33.000]  and that kind of backed them off.
[15:33.000 --> 15:36.000]  But they're still getting aggressive.
[15:36.000 --> 15:42.000]  Well, back to who I was, I digress.
[15:42.000 --> 15:48.000]  When I make my requests, I don't explain myself.
[15:48.000 --> 15:55.000]  When I hold someone to a letter of law, I don't explain myself.
[15:55.000 --> 16:03.000]  I am the CEO. They are the employee. I do not explain myself to my employees.
[16:03.000 --> 16:11.000]  If one of my employees has not read my procedural manuals, I'm not the one to teach it.
[16:11.000 --> 16:15.000]  He's got a supervisor for that purpose,
[16:15.000 --> 16:25.000]  and I have higher-level employees who hired this guy and who are responsible for managing his behavior.
[16:25.000 --> 16:30.000]  Not me. I'm responsible for the higher-level managers.
[16:30.000 --> 16:36.000]  So when I take one on, I want to go as high as I can get.
[16:36.000 --> 16:45.000]  I don't explain to them. That's why I say never ask a public official to do anything you actually want him to do,
[16:45.000 --> 16:49.000]  because you never ask him to do anything the law doesn't require him to do.
[16:49.000 --> 16:52.000]  And right now, the law requires us to really break.
[16:52.000 --> 17:07.000]  Randy Kelton, Root of the Law Radio, we'll be right back.
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[19:16.000 --> 19:18.000]  Okay, we are back.
[19:18.000 --> 19:21.000]  Randy Kalkin, the Wheel of Life Radio, and while I was on break,
[19:21.000 --> 19:27.000]  I turned on the phones, and the call boards lit up.
[19:27.000 --> 19:36.000]  So I guess they want me to stop this monologue and do some callers.
[19:36.000 --> 19:42.000]  Okay, we're going to go to Jody in Texas. Hello, Jody.
[19:42.000 --> 19:44.000]  Hey, is it me, Jody?
[19:44.000 --> 19:45.000]  Yes.
[19:45.000 --> 19:48.000]  Yeah, okay, sorry. Yeah, your phone wasn't working.
[19:48.000 --> 19:53.000]  Yeah, I just got to straight up reiterate what you just said.
[19:53.000 --> 19:59.000]  Today I turned in probably seven different FOIA requests,
[19:59.000 --> 20:03.000]  government information requests, regarding the authorization
[20:03.000 --> 20:07.000]  and the training to enforce the traffic.
[20:07.000 --> 20:09.000]  Hold on, my dog needs help.
[20:09.000 --> 20:13.000]  All right, and what Randy was saying, how they just ignore you
[20:13.000 --> 20:16.000]  and pretend they're the boss, they forget that they're the servant,
[20:16.000 --> 20:20.000]  and they are public servants, which automatically implies you're the master.
[20:20.000 --> 20:24.000]  Today in Huntsville, Texas, they tried, they, I say they,
[20:24.000 --> 20:29.000]  it was the Huntsville Police Department, attempted to tell me
[20:29.000 --> 20:32.000]  that I could not deliver a public information request,
[20:32.000 --> 20:36.000]  a government information request, because the sergeant wanted to ask me
[20:36.000 --> 20:40.000]  questions regarding the request before I delivered it.
[20:40.000 --> 20:42.000]  Oh, okay.
[20:42.000 --> 20:50.000]  The Open Government Act states that the custodian may make no inquiry
[20:50.000 --> 20:59.000]  of the requester other than to determine his identity and the records sought.
[20:59.000 --> 21:07.000]  One of the things I like to do with my information requests is craft them
[21:07.000 --> 21:12.000]  in such a way.
[21:12.000 --> 21:14.000]  For the listeners, I'm new to this, but everything Randy's saying,
[21:14.000 --> 21:17.000]  he says it eloquent, and I'm not eloquent like that.
[21:17.000 --> 21:19.000]  I'm from the woods out here, and we don't do it that way.
[21:19.000 --> 21:23.000]  These are pigs, and they want to run you through the hoop to just get you
[21:23.000 --> 21:30.000]  out of their office, and after the fact, I did, today I did four counties
[21:30.000 --> 21:33.000]  with the same information request.
[21:33.000 --> 21:37.000]  I had two of them, at least the LEOs, not just counties.
[21:37.000 --> 21:40.000]  It's four counties, but maybe eight LEOs, something like that.
[21:40.000 --> 21:42.000]  I didn't count them all.
[21:42.000 --> 21:46.000]  A couple of them tried to run me out by trying to strong arm me,
[21:46.000 --> 21:52.000]  pulling out big guerrilla officers with guns to intimidate me,
[21:52.000 --> 21:55.000]  and at the end of the day, I stood by my guns and just said,
[21:55.000 --> 21:57.000]  you have been noticed.
[21:57.000 --> 21:59.000]  This is a government information request.
[21:59.000 --> 22:02.000]  That's all I have to say, and then I recorded this on BAM user, by the way,
[22:02.000 --> 22:05.000]  so all of you out there wanting to know it, you can do this.
[22:05.000 --> 22:07.000]  You can document it.
[22:07.000 --> 22:10.000]  They're trained to intimidate you and kick you out.
[22:10.000 --> 22:16.000]  Doing the same tactic, within the last two months, I've already gotten one
[22:16.000 --> 22:23.000]  LEO in Polk County, Texas, to violate his oath of office in an attempt to get
[22:23.000 --> 22:28.000]  the Attorney General of Texas to certify his actions or back him up,
[22:28.000 --> 22:33.000]  and the Attorney General told him no, sent back a letter saying he violated
[22:33.000 --> 22:37.000]  his oath of office, and I'm not a legal person.
[22:37.000 --> 22:40.000]  I'm just telling you what the letter I got back was.
[22:40.000 --> 22:45.000]  Now that LEO here in Polk County, and this was a speed trap town,
[22:45.000 --> 22:48.000]  is now in hot water over there.
[22:48.000 --> 22:56.000]  I read that particular response, and you actually received a letter of opinion.
[22:56.000 --> 23:00.000]  So most of the time, what they will do, if there's already an existing
[23:00.000 --> 23:04.000]  determination, they'll just send in the existing determination,
[23:04.000 --> 23:06.000]  but apparently there wasn't one.
[23:06.000 --> 23:13.000]  So you've got a new letter of determination, or the chief of police does,
[23:13.000 --> 23:21.000]  and what it amounts to is essentially a determination by the Attorney General
[23:21.000 --> 23:29.000]  of the state of Texas that this officer violated a law related to his office,
[23:29.000 --> 23:31.000]  official misconduct, Class A misdemeanor.
[23:31.000 --> 23:37.000]  So what is wrong with this picture, Jody?
[23:37.000 --> 23:42.000]  Well, this local police chief, LEO, is violating his oath of office.
[23:42.000 --> 23:44.000]  No.
[23:44.000 --> 23:45.000]  Okay.
[23:45.000 --> 23:49.000]  The procedure, we run the routine on them, and in the routine,
[23:49.000 --> 23:53.000]  we try to get the highest level guy we can.
[23:53.000 --> 24:01.000]  What was the duty of the Attorney General when the Attorney General had it
[24:01.000 --> 24:08.000]  made known to him that a public official had violated a law relating to his office?
[24:08.000 --> 24:12.000]  Would that be to prosecute that official?
[24:12.000 --> 24:17.000]  Reduce the complaint and information, submit it to the grand jury,
[24:17.000 --> 24:22.000]  and submit the complaint to some magistrates.
[24:22.000 --> 24:28.000]  So, and I do have case law that says that the prosecutor himself can't make out
[24:28.000 --> 24:33.000]  the complaint if he has personal knowledge, and he has personal knowledge.
[24:33.000 --> 24:39.000]  And under 2.03 Code of Criminal Procedure, he has a specific duty.
[24:39.000 --> 24:51.000]  So what happens if you have a duty to take an action that would have the effect
[24:51.000 --> 24:58.000]  of subjecting another person to prosecution, and you fail to take that action?
[24:58.000 --> 25:00.000]  Well, wouldn't you be in collusion?
[25:00.000 --> 25:06.000]  No, not necessarily, because the other guy doesn't necessarily know you're doing it.
[25:06.000 --> 25:14.000]  But you would be in violation of 38.05 Texas Penal Code, shielding from prosecution.
[25:14.000 --> 25:19.000]  Which is the Attorney General, so I know I can file him.
[25:19.000 --> 25:24.000]  Ta-da, but who would you file against the Attorney General with?
[25:24.000 --> 25:26.000]  The Supreme Court.
[25:26.000 --> 25:33.000]  Ta-da, exactly. If you read 2.09 Texas Code of Criminal Procedures,
[25:33.000 --> 25:38.000]  it says, who are magistrates?
[25:38.000 --> 25:44.000]  Very first one, justices of the Supreme Court.
[25:44.000 --> 25:52.000]  And in this case, since this is such a high-level political official,
[25:52.000 --> 26:00.000]  it is reasonable to go to a magistrate who is of a higher level than this guy is.
[26:00.000 --> 26:04.000]  That would be the Chief Justice of the Supreme.
[26:04.000 --> 26:07.000]  All right, let me add this to the pot.
[26:07.000 --> 26:13.000]  I've also got one into the county sheriff, Polk County, Texas is corrupt like they all are.
[26:13.000 --> 26:17.000]  They have totally ignored the same day that turned in this request,
[26:17.000 --> 26:19.000]  this government information request.
[26:19.000 --> 26:23.000]  I turned it into every LEO in this county, except for the one where the ladies,
[26:23.000 --> 26:27.000]  the clerks were real sweet ladies and I didn't want to put them through it.
[26:27.000 --> 26:32.000]  I left them out of it. The other three I did, including Livingston, Texas, Polk County, Texas...
[26:32.000 --> 26:36.000]  Okay, hold on, hold on. Bad mistake, bad mistake.
[26:36.000 --> 26:38.000] ...to respond at all.
[26:38.000 --> 26:40.000]  Hold on, bad mistake, bad mistake.
[26:40.000 --> 26:44.000] ...threatened me and broken into my house and left messages.
[26:44.000 --> 26:48.000]  Okay, hold on, hold on. Bad mistake.
[26:48.000 --> 26:52.000]  We don't get to do that.
[26:52.000 --> 26:59.000]  We don't get to decide who should follow law and who shouldn't.
[26:59.000 --> 27:09.000]  Just because they're nice doesn't mean that they don't have to follow law.
[27:09.000 --> 27:17.000]  I have to, you know, I've had to do this at times when it really smarted to do it.
[27:17.000 --> 27:26.000]  But it turns out that it is much more powerful if you go after the person who's really nice
[27:26.000 --> 27:34.000]  because they are acting in good faith reliance on competent authority.
[27:34.000 --> 27:38.000]  You know, I've told them several times that, you know,
[27:38.000 --> 27:43.000]  I'm going to be filing criminal charges against you, but I have no acts to grind against you.
[27:43.000 --> 27:48.000]  You know, I apologize that I have to do this, but this is my job.
[27:48.000 --> 27:55.000]  And I'm sure that you were acting under instruction or direction from somebody,
[27:55.000 --> 28:00.000]  so you'll have an affirmative defense.
[28:00.000 --> 28:10.000]  You get the really nice person that everybody likes and somebody threw her under the bus.
[28:10.000 --> 28:16.000]  So you need her to tell you who threw her under the bus.
[28:16.000 --> 28:20.000]  That is much more powerful.
[28:20.000 --> 28:24.000]  Well, the district attorney told me to do this.
[28:24.000 --> 28:27.000]  Yes.
[28:27.000 --> 28:35.000]  The district attorney, when he gives legal advice to the police in the lower courts,
[28:35.000 --> 28:39.000]  he's not a district attorney.
[28:39.000 --> 28:41.000]  He's a lawyer.
[28:41.000 --> 28:46.000]  Zero immunity.
[28:46.000 --> 28:50.000]  See where I'm going?
[28:50.000 --> 28:55.000]  You get to sue the prosecuting attorney personally and zero immunity.
[28:55.000 --> 29:03.000]  I asked a policeman to take my complaint and give it to the justice of the peace, and he refused.
[29:03.000 --> 29:07.000]  And he said that he talked to the county attorney, and the county attorney told him not to file it.
[29:07.000 --> 29:14.000]  I went straight to the county courthouse, and when I got there, the county attorney was waiting on me.
[29:14.000 --> 29:18.000]  And he came out and he said, Mr. Compton, you think I'm out of my professional mind?
[29:18.000 --> 29:27.000]  Do you really believe I would waive my absolute immunity by giving legal advice to the police?
[29:27.000 --> 29:32.000]  I said, well, I didn't think so, James, but I'm just following the thunder here.
[29:32.000 --> 29:35.000]  I went back to the police department, knocked on the door.
[29:35.000 --> 29:38.000]  He said, what can I do for you, Mr. Compton?
[29:38.000 --> 29:47.000]  And I told him, the county attorney just threw your boss under the bus, and I'm here to run him over with it.
[29:47.000 --> 29:51.000]  You want this official to throw the attorneys under the bus.
[29:51.000 --> 29:53.000]  Hang on, Jody.
[29:53.000 --> 29:54.000]  Go on to break.
[29:54.000 --> 29:57.000]  Call in number 512-646-1984.
[29:57.000 --> 30:02.000]  Call boards are full at the moment.
[30:02.000 --> 30:08.000]  Artificial food colors may make candy look nice, but they've been tied to hyperactivity and even cancer.
[30:08.000 --> 30:13.000]  Now researchers say the blue dye in M&Ms is also a potent medication.
[30:13.000 --> 30:16.000]  I'm Dr. Catherine Albrecht, and I'll tell you more in just a moment.
[30:16.000 --> 30:18.000]  Privacy is under attack.
[30:18.000 --> 30:22.000]  When you give up data about yourself, you'll never get it back again.
[30:22.000 --> 30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:27.000 --> 30:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.000 --> 30:35.000]  Privacy, it's worth hanging on to.
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[30:45.000 --> 30:48.000]  M&Ms are more than just a colorful snack.
[30:48.000 --> 30:57.000]  The food dye in blue M&Ms is nearly identical to the brilliant blue G dye that scientists are injecting into lab rats as an experimental spinal medication.
[30:57.000 --> 30:59.000]  Blue dye is petroleum-based.
[30:59.000 --> 31:03.000]  It's used to color food and drinks and products like shampoo and mouthwash.
[31:03.000 --> 31:08.000]  While the U.S. Food and Drug Administration has approved blue food dyes like those used in M&Ms,
[31:08.000 --> 31:13.000]  countries like Austria are considering a ban because of the links to childhood illnesses.
[31:13.000 --> 31:16.000]  As for me, I avoid artificial colors, period.
[31:16.000 --> 31:23.000]  I don't like spinal medications in my candy, and I don't want my world painted blue, or any other color for that matter.
[31:23.000 --> 31:51.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:53.000 --> 32:02.000]  Go 4367 and see what our powder, seeds, and oil can do for you only at mqsa.org.
[32:02.000 --> 32:05.000]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:05.000 --> 32:10.000]  In today's America, we live in an us-against-them society, and if we the people are ever going to have a free society,
[32:10.000 --> 32:13.000]  then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:17.000]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[32:17.000 --> 32:20.000]  and most importantly, the right to due process of law.
[32:20.000 --> 32:25.000]  The courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[32:25.000 --> 32:28.000]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[32:28.000 --> 32:33.000]  has put together the most comprehensive teaching tool available that will help you understand what due process is
[32:33.000 --> 32:35.000]  and how to hold the courts to the rule of law.
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[33:00.000 --> 33:15.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:15.000 --> 33:31.000]  Okay, we are back.
[33:31.000 --> 33:41.000]  Randy Kelton, the Rule of Law Radio on this Friday, the 16th day of September, 2016, and we're talking to Jody in Texas.
[33:41.000 --> 33:48.000]  Jody, you're kind of sitting in the catbird seat at the moment, but there was one other issue I wanted to address with you,
[33:48.000 --> 33:52.000]  and that's the issue of them questioning you.
[33:52.000 --> 33:53.000]  Yes, sir.
[33:53.000 --> 34:01.000]  The act requires that they give you all comfort and facility in the examination of the records.
[34:01.000 --> 34:12.000]  If they create any kind of an aggressive posture, then they're acting in violation of a law relating to their office,
[34:12.000 --> 34:20.000]  and in the process, they're committing aggravated, first of all, an aggravated assault against you.
[34:20.000 --> 34:24.000]  Offensive speech or offensive touching?
[34:24.000 --> 34:31.000]  2201 is simple assault, class C misdemeanor.
[34:31.000 --> 34:38.000]  2202 says that someone commits simple assault, as defined by 2201,
[34:38.000 --> 34:44.000]  and they are prominently displaying a deadly weapon, that's a felony of the second degree,
[34:44.000 --> 34:52.000]  unless they are a public official acting under the color or pretense of an official capacity,
[34:52.000 --> 34:55.000]  in which case it's a felony of the first degree.
[34:55.000 --> 35:03.000]  That officer who was bumped into me, and every time I turned, he'd move around in front of me, keep bumping into me.
[35:03.000 --> 35:07.000]  I guess he thought he was smart and funny.
[35:07.000 --> 35:12.000]  He realized that's a first degree felony.
[35:12.000 --> 35:19.000]  Well, these officers become aggressive with you because you're exercising the right,
[35:19.000 --> 35:26.000]  and they're displaying a deadly weapon. Our legislature took that incredibly serious.
[35:26.000 --> 35:31.000]  They intended that when that police officer strapped that pistol on,
[35:31.000 --> 35:38.000]  that he straps on a serious responsibility that he must not abuse.
[35:38.000 --> 35:44.000]  So, they kind of opened the door for you. Now you get to get to the good part, Jody.
[35:44.000 --> 35:46.000]  Well, give it to me.
[35:46.000 --> 35:51.000]  Now, you start working the grand jury.
[35:51.000 --> 36:00.000]  You make up a set of complaints. You make up a complaint first against the attorney general of the state of Texas.
[36:00.000 --> 36:14.000]  Whoever signed this letter that was sent to you, you write up a complaint against him for shielding from prosecution.
[36:14.000 --> 36:23.000]  It costs under 39.03. In the last legislative session, they changed the law.
[36:23.000 --> 36:32.000]  Prior to this, the district attorney had exclusive jurisdiction and prosecution of a public official.
[36:32.000 --> 36:46.000]  Because of some outrageous conduct in Houston, the local residents got real excited and pushed for change, and they changed the statute.
[36:46.000 --> 36:57.000]  Now, in the matter of a criminal complaint against a public official under 39.03, which is official oppression,
[36:57.000 --> 37:02.000]  the attorney general has concurrent jurisdiction.
[37:02.000 --> 37:11.000]  See, the attorney general thinks that he can only prosecute if the district attorney requests him to prosecute.
[37:11.000 --> 37:16.000]  The law no longer says that. It says he has concurrent jurisdiction.
[37:16.000 --> 37:27.000]  And in this case, by the letter request, the prosecutor was given knowledge that a crime had been committed by the chief of police,
[37:27.000 --> 37:36.000]  and he did not reduce the complaint or information submitted to the grand jury the way the statute required him to do.
[37:36.000 --> 37:47.000]  So you charge him with shielding from prosecution, and you file it with the Chief Justice of the Supreme, and you won't hear back from it.
[37:47.000 --> 37:50.000]  I never have.
[37:50.000 --> 37:57.000]  But when you don't hear back from it, then you go back down to the county,
[37:57.000 --> 38:05.000]  and you file criminal charges against the Chief Justice of the Supreme with the grand jury.
[38:05.000 --> 38:16.000]  You send it to the district attorneys or to the district courthouse,
[38:16.000 --> 38:32.000]  and address it to the foreman of the grand jury, and put a cover letter asking the foreman to initial this document and return it to you
[38:32.000 --> 38:42.000]  in the included stamp self-address envelope so that you know that the district attorney didn't secret this document from him.
[38:42.000 --> 38:54.000]  Please don't sign it, because in some instances, the district attorney has had made up a rubber stamp with your name on it,
[38:54.000 --> 39:01.000]  and we want to be sure the district attorney did not simply rubber stamp this and send it back to us.
[39:01.000 --> 39:10.000]  That's giving you opportunity to let the foreman of the grand jury know some of the garbage that's going on.
[39:10.000 --> 39:20.000]  But what's going to happen then? You're not going to get that letter back because the prosecuted attorney is going to get the documents, and he's just going to trash them.
[39:20.000 --> 39:24.000]  So that's good. That's what we want.
[39:24.000 --> 39:33.000]  So you wait a couple of weeks. You don't hear from the grand jury foreman. Then you send another complaint to the grand jury foreman,
[39:33.000 --> 39:48.000]  but this one's against the district attorney, accusing him of shielding the Chief Justice of the Supreme from prosecution by tampering with the U.S. mail.
[39:48.000 --> 40:02.000]  Does that sound like fun, Jody? Hell yeah. It just keeps cranking up, and the fact that you're the CEO means you go right to the top.
[40:02.000 --> 40:17.000]  And if anybody says anything to you that you can in any way interpret as a threat, you file against them for retaliation 3606.
[40:17.000 --> 40:24.000]  Or, depending on what they say, witness tampering 3605.
[40:24.000 --> 40:30.000]  I already was saying that today in Huntsville, Texas. I was in Huntsville today, and they tried to intimidate me.
[40:30.000 --> 40:36.000]  And I said straight up to their face, I don't have to answer any of your questions. I just now place this, you're noticed.
[40:36.000 --> 40:43.000]  Now this is a government information request, and they shut up. They tried to intimidate me out of that office.
[40:43.000 --> 40:48.000]  Oh, wonderful. Then you go ahead and file against them.
[40:48.000 --> 41:03.000]  The thing I like to file the most are the most nitpicking complaints, because they say, man, what did I do? All I did was ask him a couple questions.
[41:03.000 --> 41:06.000]  Well, you're supposed to keep your mouth shut.
[41:06.000 --> 41:16.000]  And since you asked those questions, and you were prominently displaying a deadly weapon at the time, and he took those questions as threatening, you're subject to prosecution.
[41:16.000 --> 41:27.000]  Now the likelihood of the grand jury actually indicting the officer for that is really, really slim.
[41:27.000 --> 41:35.000]  But who wants to play Russian roulette with their career, with their liberty?
[41:35.000 --> 41:47.000]  And the more miniscule. I had the district judge in Wise County threaten to have me arrested and had the bailiff touch me,
[41:47.000 --> 41:55.000]  because I was objecting to him denying me the right to challenge the grand jury pool.
[41:55.000 --> 42:09.000]  And when the bailiff put his hand on my arm, I turned to the bailiff and said, well, Mr. Bailiff, I see you're wearing a pistol. He said, yes, Mr. Kelton, I am. Tell me, Mr. Bailiff, is that pistol loaded? Yes, it is.
[42:09.000 --> 42:17.000]  And then the judge got it. He knew I was setting him up, and he told the bailiff to stand down.
[42:17.000 --> 42:36.000]  Sorry, Bubba, he already touched me, offensive touching, while prominently displaying a deadly weapon at the direction of the district judge who is responding yet superior.
[42:36.000 --> 42:41.000]  The bailiff didn't commit first degree felony aggravated assault, the judge did.
[42:41.000 --> 42:52.000]  And I have charges filed against him for first degree felony aggravated assault. Oh, this is so much fun.
[42:52.000 --> 42:58.000]  Well, I'm going to tell you a little more fun. I'm going to get off the phone here so you can educate some people.
[42:58.000 --> 43:07.000]  But I was just, I passed through Houston County today, and a little bird told me that they mess with somebody that helps a lot of people out, and they're trying to lock him up for a night.
[43:07.000 --> 43:13.000]  I think I'm going to go up in Houston County tomorrow, the next day or two, and give them some paperwork.
[43:13.000 --> 43:18.000]  Now, be careful. Better if you do it in, I know it's not as much fun.
[43:18.000 --> 43:23.000]  Yeah, when I was a boy. Better if you do it through the mail.
[43:23.000 --> 43:28.000]  All right. You keep doing what you're doing. Thank you.
[43:28.000 --> 43:39.000]  Okay, it's more fun for us to go there and do it, because you get to watch them do this song and dance. You get to see the little chicken dance.
[43:39.000 --> 43:50.000]  But it can get really dangerous. Three dislocated ribs, two broken collar bones and a broken elbow.
[43:50.000 --> 44:02.000]  So if you do it by mail, you sharp shoot. Now hang on, about to go to break. Randy Kelton, Real Law Radio, we'll be right back.
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[46:20.000 --> 46:32.000]  Okay, we are back. Randy Kelton, Rule of Law Radio on this Friday the 16th day of September 2016 and we were talking to Jody but he dropped off.
[46:32.000 --> 46:41.000]  It's more, I enjoy doing this. I shouldn't. I have too much fun with it.
[46:41.000 --> 46:52.000]  But I've done it a lot and over time it's became clear doing this in person is not a good idea.
[46:52.000 --> 47:00.000]  I'm pretty good at it but it's not a great skill to develop because it can get you beat up.
[47:00.000 --> 47:07.000]  And even if it's wrong when they beat you up, it's not cool getting beat up and thrown in jail.
[47:07.000 --> 47:15.000]  And in the end it's much more powerful if you sharp shoot them from a distance.
[47:15.000 --> 47:26.000]  It's not as individually satisfying but it's more powerful from there in because they never get to lay eyes on you.
[47:26.000 --> 47:33.000]  They never get to figure out who you are.
[47:33.000 --> 47:40.000]  You know if they can talk to you and look at you they kind of feel like they can get a read on you.
[47:40.000 --> 47:47.000]  When you're sharp shooting them from a distance and when I do it this way it's always much more powerful.
[47:47.000 --> 47:59.000]  Generally if you ask for records in my requests I always include a paragraph that says this is not a request for copies of the records.
[47:59.000 --> 48:06.000]  This is a demand to examine the original documents so generally you wind up having to go down there.
[48:06.000 --> 48:14.000]  But when you go down there you always keep this distance. You can't ask me any questions.
[48:14.000 --> 48:17.000]  You just provide these records.
[48:17.000 --> 48:28.000]  I had a sheriff's deputy stand right in front of me with her arms crossed looking down at me while I was examining these records.
[48:28.000 --> 48:31.000]  I looked up at her and said can I help you?
[48:31.000 --> 48:34.000]  Well I have to make sure nothing happens to these records.
[48:34.000 --> 48:40.000]  No ma'am what you need to do is you need to go outside this room.
[48:40.000 --> 48:43.000]  You can't see what I'm looking at.
[48:43.000 --> 48:52.000]  Well I have my orders where you might want to go get yourself some other orders before I call 911.
[48:52.000 --> 48:54.000]  I'll be right back.
[48:54.000 --> 49:00.000]  She goes out, sticks her head in, I'll be right outside if you need me. Thank you.
[49:00.000 --> 49:09.000]  But it's better if you don't get in an altercation because then it's easier for them to lie about you.
[49:09.000 --> 49:15.000]  If you do it from a distance you've got records of everything they do.
[49:15.000 --> 49:22.000]  You've got your letter, you've got your green card, you've got their response because it will have to be in writing
[49:22.000 --> 49:32.000]  and I suggest you never talk to them over the phone other than to say either send me an email or send me this in writing.
[49:32.000 --> 49:41.000]  Email is just fine. That's a great way of doing it because you have records that they can't get rid of.
[49:41.000 --> 49:44.000]  Anyway, okay enough said on that.
[49:44.000 --> 49:46.000]  Now we're going to go to Colleen in New York.
[49:46.000 --> 49:48.000]  Hello Colleen.
[49:48.000 --> 49:51.000]  Hello Randy. How are you?
[49:51.000 --> 49:58.000]  I am good. We were supposed to talk this weekend. I don't think we made connections.
[49:58.000 --> 50:02.000]  No, I don't believe so.
[50:02.000 --> 50:08.000]  I was calling because I did send you the link for the county records.
[50:08.000 --> 50:12.000]  I don't know if you had received it or if you had an opportunity to look at them.
[50:12.000 --> 50:15.000]  Yes, I believe I did.
[50:15.000 --> 50:26.000]  Before I start, I need to know that everybody that's involved in the property is all on board.
[50:26.000 --> 50:35.000]  Yes, the heirs. It's three of us that are heirs of the property and we all are involved, yes.
[50:35.000 --> 50:39.000]  Okay, in that case we're good to move forward.
[50:39.000 --> 50:43.000]  Okay, did you have a question for me today for the heir?
[50:43.000 --> 50:45.000]  Yes, I actually did.
[50:45.000 --> 50:49.000]  I'm sure you probably answered them, but I had sent the email.
[50:49.000 --> 50:50.000]  It was two separate emails.
[50:50.000 --> 51:03.000]  I had additional questions in terms of how am I certain that I could move forward with the case if the current servicer has the mortgage.
[51:03.000 --> 51:18.000]  I always seem to go into a panic mode when I'm thinking in terms of the future if this case will be dismissed or how could I go about following through with it continuously.
[51:18.000 --> 51:26.000]  Has the lender filed an action in the state court too far close?
[51:26.000 --> 51:28.000]  Nothing has been filed yet.
[51:28.000 --> 51:33.000]  The state has been listed, but nothing has been filed.
[51:33.000 --> 51:39.000]  I've got two people in exactly the same situation.
[51:39.000 --> 51:54.000]  I need to look back at your records, but as I recall, we have the same problem in both cases where we have an assignment by someone who is not reflected in the record.
[51:54.000 --> 51:58.000]  Go ahead.
[51:58.000 --> 51:59.000]  Oh, no.
[51:59.000 --> 52:00.000]  I just said really?
[52:00.000 --> 52:01.000]  Oh, wow.
[52:01.000 --> 52:10.000]  What I generally like to do is the first thing I want to do is what I call pawn moves.
[52:10.000 --> 52:18.000]  We want to file some actions that will get us residue decata.
[52:18.000 --> 52:27.000]  We get a court ruling that cannot be revisited, and we do it on something that on its surface doesn't look terribly important.
[52:27.000 --> 52:39.000]  And I like to do it on an assignment because the assignment is something they can redo, or at least they have the perception that they can.
[52:39.000 --> 52:54.000]  So we want to attack the assignment once they've taken action based on a set of facts and circumstances.
[52:54.000 --> 53:06.000]  If you show that all of those facts were not correct or there wasn't sufficient facts to support their action, they can't fix it.
[53:06.000 --> 53:11.000]  Whatever action they have filed, it has to be dismissed, and they have to start all over again.
[53:11.000 --> 53:12.000]  Oh, okay.
[53:12.000 --> 53:16.000]  So it cannot be fixed, you said?
[53:16.000 --> 53:22.000]  When they file the action, they must have standing at that moment.
[53:22.000 --> 53:27.000]  If they get standing later, the action is still void, has to be thrown out.
[53:27.000 --> 53:32.000]  What we're really waiting for is a notice of acceleration.
[53:32.000 --> 53:34.000]  Right, right.
[53:34.000 --> 53:41.000]  As soon as you get a notice of acceleration, right now what we can do is file a debt validation letter.
[53:41.000 --> 53:44.000]  File a, I'm sorry, say that again?
[53:44.000 --> 53:46.000]  A debt validation letter.
[53:46.000 --> 53:53.000]  And this letter says, you sent me this demand that I send you United States dollars.
[53:53.000 --> 53:55.000]  Who the heck are you?
[53:55.000 --> 53:57.000]  I don't know you.
[53:57.000 --> 54:04.000]  I never entered into a contract with you, never entered into a contract with your alleged principal.
[54:04.000 --> 54:09.000]  Validate this debt under Fair Debt Collections Practices Act.
[54:09.000 --> 54:12.000]  And that invokes a duty on them to respond.
[54:12.000 --> 54:19.000]  But more than that, what it does is it sends up a red flag.
[54:19.000 --> 54:24.000]  Ninety-five percent of all foreclosures are unopposed.
[54:24.000 --> 54:25.000]  The people just walk away.
[54:25.000 --> 54:26.000]  Really?
[54:26.000 --> 54:28.000]  Yep.
[54:28.000 --> 54:31.000]  They just crank these things out.
[54:31.000 --> 54:32.000]  That's why they call them a mill.
[54:32.000 --> 54:34.000]  They just turn them in and crank them out.
[54:34.000 --> 54:37.000]  But then every once in a while they get a rock in the mill.
[54:37.000 --> 54:40.000]  They have to go pick it out of there.
[54:40.000 --> 54:43.000]  And you want to be that rock.
[54:43.000 --> 54:49.000]  When they get a debt validation letter, they're going to say, hold on, whoa, stop, stop.
[54:49.000 --> 54:51.000]  Hold the presses.
[54:51.000 --> 55:00.000]  Let's make sure we have all our ducks in a row because now we've got somebody that's going to fight us.
[55:00.000 --> 55:04.000]  So that will almost always stop them and hold them off for three or four or five months.
[55:04.000 --> 55:08.000]  Sometimes you've had it a couple of years before they did anything.
[55:08.000 --> 55:14.000]  Because they take yours and they put it on the bottom of the stack and they do all the easy ones.
[55:14.000 --> 55:18.000]  When they run out of easy ones, then they have to come back and work on the hard ones.
[55:18.000 --> 55:22.000]  So that's the way it really works.
[55:22.000 --> 55:25.000]  So the first thing we do is a debt validation letter.
[55:25.000 --> 55:32.000]  Then when you get the notice of acceleration, that's when the fund starts.
[55:32.000 --> 55:40.000]  Because by then I will want to have had your HUD 1 settlement statement, no truth in lending statement,
[55:40.000 --> 55:45.000]  and a billing from the servicer.
[55:45.000 --> 55:50.000]  And I'll take those and run some calculations and get a claim against the lender
[55:50.000 --> 55:57.000]  in excess of the original amount of the claim of the mortgage.
[55:57.000 --> 55:58.000]  Right.
[55:58.000 --> 56:04.000]  And we'll send that to them in the form of a qualified written request.
[56:04.000 --> 56:08.000]  Oh, so we'll qualify a written request for a...
[56:08.000 --> 56:11.000]  A qualified written request.
[56:11.000 --> 56:13.000]  That is a term of art.
[56:13.000 --> 56:17.000]  It's defined in the Real Estate Settlement Procedures Act.
[56:17.000 --> 56:23.000]  And what it is, is a notice to the lender of an accounting error
[56:23.000 --> 56:28.000]  and a request that the lender corrects the error.
[56:28.000 --> 56:34.000]  Our notice is that all of those fees that you put on the HUD 1 settlement statement,
[56:34.000 --> 56:37.000]  well, they're all fraudulent.
[56:37.000 --> 56:41.000]  Because at closing you fail to provide documentation to show that the fees
[56:41.000 --> 56:44.000]  were not otherwise forbidden to be charged by law,
[56:44.000 --> 56:48.000]  that the fees were for services that were necessary,
[56:48.000 --> 56:50.000]  that the amounts charged were reasonable,
[56:50.000 --> 56:56.000]  and that the lender did not take an unnoticed markup on the amounts charged.
[56:56.000 --> 56:59.000]  That's right out of the Real Estate Settlement Procedures Act.
[56:59.000 --> 57:01.000]  You didn't do any of those things.
[57:01.000 --> 57:04.000]  So all of these are fraudulent, every one of them.
[57:04.000 --> 57:13.000]  We subtract it from the original principal as an overpayment on the first payment.
[57:13.000 --> 57:19.000]  And then amortize out the note the way they're charging you.
[57:19.000 --> 57:22.000]  And we calculate how much you would overpay the note.
[57:22.000 --> 57:28.000]  The first one I did, $116,000 note at 6%.
[57:28.000 --> 57:31.000]  $12,000 on the HUD 1 settlement statement.
[57:31.000 --> 57:33.000]  We subtracted that from the principal.
[57:33.000 --> 57:38.000]  This note would paid off in 240 payments.
[57:38.000 --> 57:43.000]  The last 10 years he would have been overpaying the note
[57:43.000 --> 57:49.000]  to the amount of $50,043 in change.
[57:49.000 --> 57:53.000]  So we claim, you don't claim how much they actually defrauded you of,
[57:53.000 --> 57:55.000]  because the note was only five years old.
[57:55.000 --> 57:59.000]  Claim how much they would have, which is $50,000.
[57:59.000 --> 58:01.000]  But you don't sue for that.
[58:01.000 --> 58:03.000]  You sue for triple because it's fraud.
[58:03.000 --> 58:09.000]  So I get a claim against the lender of $150,000 against $116,000 note.
[58:09.000 --> 58:13.000]  I get tendered by set-off, and I'll explain tender by set-off.
[58:13.000 --> 58:15.000]  Come back on the other side.
[58:15.000 --> 58:18.000]  This is Randy Kelton at Wheel of Life Radio.
[58:18.000 --> 58:19.000]  I call that number.
[58:19.000 --> 58:22.000]  It's 512-646-1984.
[58:22.000 --> 58:24.000]  We're going to the top of the hour break,
[58:24.000 --> 58:28.000]  so it's a good time to check out our sponsors.
[58:28.000 --> 58:31.000]  Anything they have, you can use.
[58:31.000 --> 58:34.000]  It will help us if you use our sponsors,
[58:34.000 --> 58:37.000]  because we've had to replace a bunch of equipment.
[58:37.000 --> 58:40.000]  We really need funds to keep this thing going.
[58:40.000 --> 58:44.000]  Besides, Randy's beer fund is empty.
[58:44.000 --> 58:50.000]  We'll be right back.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 58:58.000]  Bibles for America is offering a free study Bible
[58:58.000 --> 59:01.000]  and a set of free Christian books that can really help.
[59:01.000 --> 59:04.000]  The New Testament Recovery Version is one of the most comprehensive
[59:04.000 --> 59:06.000]  study Bibles available today.
[59:06.000 --> 59:10.000]  It's an accurate translation, and it contains thousands of footnotes
[59:10.000 --> 59:13.000]  that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:16.000]  The free books are a three-volume set called
[59:16.000 --> 59:18.000]  Basic Elements of the Christian Life.
[59:18.000 --> 59:21.000]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.000 --> 59:24.000]  clearly presents God's plan of salvation,
[59:24.000 --> 59:27.000]  growing in Christ, and how to build up the church.
[59:27.000 --> 59:30.000]  To order your free New Testament Recovery Version
[59:30.000 --> 59:33.000]  and Basic Elements of the Christian Life,
[59:33.000 --> 59:40.000]  call Bibles for America toll free at 888-551-0102.
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[59:44.000 --> 59:49.000]  Or visit us online at bfa.org.
[59:49.000 --> 59:59.000]  Live, free speech radio, logosradionetwork.com.
[59:59.000 --> 01:00:05.000]  The following use flash is brought to you by the Low Star Lowdown,
[01:00:05.000 --> 01:00:08.000]  providing the daily bulletins for the commodities market.
[01:00:08.000 --> 01:00:12.000]  Today in history, news updates,
[01:00:12.000 --> 01:00:21.000]  and the inside scoop into the tides of the alternative.
[01:00:21.000 --> 01:00:24.000]  Markets for Friday, the 16th of September, 2016,
[01:00:24.000 --> 01:00:29.000]  are currently trading with gold at $1,309.71 an ounce,
[01:00:29.000 --> 01:00:31.000]  silver $18.76 an ounce,
[01:00:31.000 --> 01:00:34.000]  Texas crude $43.91 a barrel,
[01:00:34.000 --> 01:00:44.000]  and Bitcoin is currently sitting at about $607 U.S. currency.
[01:00:44.000 --> 01:00:49.000]  Today in history, the year 1920, the Wall Street bombing occurred.
[01:00:49.000 --> 01:00:52.000]  At 1201 noon, in front of the J.P. Morgan building
[01:00:52.000 --> 01:00:54.000]  in the Financial District of Manhattan,
[01:00:54.000 --> 01:00:57.000]  a bomb and a horse wagon exploded, killing 30 people immediately,
[01:00:57.000 --> 01:01:00.000]  while another 8 people died afterwards due to injuries,
[01:01:00.000 --> 01:01:03.000]  and at least 143 people were seriously injured.
[01:01:03.000 --> 01:01:05.000]  The bombing was never officially solved,
[01:01:05.000 --> 01:01:08.000]  but many investigators and historians believe that the Wall Street bombing
[01:01:08.000 --> 01:01:12.000]  was carried out by the Galenist or Italian syndicalist anarchist groups
[01:01:12.000 --> 01:01:15.000]  responsible for a series of bombings the previous year,
[01:01:15.000 --> 01:01:18.000]  thought to have been stirred up about due to post-war social unrest,
[01:01:18.000 --> 01:01:27.000]  labor struggles, and anti-capitalist agitation in the United States.
[01:01:27.000 --> 01:01:30.000]  In recent news, Obama hosted a meeting at the Oval Office
[01:01:30.000 --> 01:01:32.000]  with former Mayor of New York Michael Bloomberg,
[01:01:32.000 --> 01:01:35.000]  Treasury Secretary under George W. Bush Hank Paulson,
[01:01:35.000 --> 01:01:38.000]  Atlanta Mayor Kasem Reid, Ohio Governor John Kasich,
[01:01:38.000 --> 01:01:40.000]  former contender for the Republican presidential bid,
[01:01:40.000 --> 01:01:43.000]  and many other individuals on the topic of discussion,
[01:01:43.000 --> 01:01:47.000]  the Trans-Pacific Partnership, the 12-Nation Pacific Rim free trade deal,
[01:01:47.000 --> 01:01:49.000]  and how to make it legislation.
[01:01:49.000 --> 01:01:51.000]  It seems that the President, being on the last stretch of his presidency,
[01:01:51.000 --> 01:01:55.000]  and with both Donald Trump and Hillary Clinton at least rhetorically opposed
[01:01:55.000 --> 01:01:59.000]  to the 12-Nation Treaty, establishment insiders like politician John Kasich
[01:01:59.000 --> 01:02:02.000]  are working overtime with the President for free trade, so-called,
[01:02:02.000 --> 01:02:05.000]  he told the media during the White House press briefing.
[01:02:05.000 --> 01:02:08.000]  This one, TPP, is much different than even NAFTA.
[01:02:08.000 --> 01:02:11.000]  This is China. This is Russia. These are fledgling countries in Asia.
[01:02:11.000 --> 01:02:14.000]  And we want to pivot to Asia? We have to do this.
[01:02:14.000 --> 01:02:17.000]  This is an opportunity for Congress to carry out its responsibility.
[01:02:17.000 --> 01:02:21.000]  You got to get this done. I'd love to think it could happen next year.
[01:02:21.000 --> 01:02:24.000]  I'm not convinced it can happen after this year.
[01:02:24.000 --> 01:02:27.000]  So in other words, get ready for a sneaky legislative session this fall,
[01:02:27.000 --> 01:02:31.000]  since Kasich also defended the prospect of Obama pushing TPP
[01:02:31.000 --> 01:02:35.000]  towards the lame-duck season of Congress, which, no, isn't all year,
[01:02:35.000 --> 01:02:38.000]  but apparently after the November elections,
[01:02:38.000 --> 01:02:42.000]  but before the swearing-in of the new President in Congress in January.
[01:02:42.000 --> 01:02:45.000]  The Lone Star Lowdown is currently looking for sponsors.
[01:02:45.000 --> 01:02:48.000]  If you have a product or service you'd like to advertise with us,
[01:02:48.000 --> 01:02:53.000]  feel free to give me a call at 210-363-2237.
[01:02:53.000 --> 01:02:58.000]  This is Rick Brody with your Lowdown for September 16, 2016.
[01:02:58.000 --> 01:03:05.000]  It's all according to the will of the Almighty.
[01:03:05.000 --> 01:03:13.000]  I read his book and it says, cares not for the unsightly.
[01:03:13.000 --> 01:03:18.000]  Okay, we are back on the telephone, the radio,
[01:03:18.000 --> 01:03:21.000]  and we're talking to Colleen in New York.
[01:03:21.000 --> 01:03:28.000]  We kind of have a routine for going after these guys.
[01:03:28.000 --> 01:03:33.000]  I tend to tell everybody that you can expect the court to rule against you
[01:03:33.000 --> 01:03:36.000]  out of hand at every turn.
[01:03:36.000 --> 01:03:39.000]  Okay, maybe they won't,
[01:03:39.000 --> 01:03:44.000]  but it's best that you expect that they will.
[01:03:44.000 --> 01:03:46.000]  Lawyers do.
[01:03:46.000 --> 01:03:51.000]  When an lawyer goes to court, he expects the judge to rule against him.
[01:03:51.000 --> 01:03:56.000]  He's not really there so much to get a positive ruling from the court,
[01:03:56.000 --> 01:04:02.000]  but his only real purpose in the trial court is to set the record for appeal.
[01:04:02.000 --> 01:04:07.000]  Because he figures that's where he's likely to win his case.
[01:04:07.000 --> 01:04:11.000]  So, when we go after these guys, we expect the court to rule against us,
[01:04:11.000 --> 01:04:14.000]  but we expect the court to rule against us.
[01:04:14.000 --> 01:04:17.000]  We expect the court to rule against us, but we don't care.
[01:04:17.000 --> 01:04:25.000]  We have enough tools and leverage on our side to make up for that fact.
[01:04:25.000 --> 01:04:28.000]  In the end, you'll never win your case
[01:04:28.000 --> 01:04:32.000]  simply because you have the law and the facts on your side.
[01:04:32.000 --> 01:04:34.000]  To think so is naive.
[01:04:34.000 --> 01:04:38.000]  You win your case, you have the politics on your side,
[01:04:38.000 --> 01:04:41.000]  and all politics is local,
[01:04:41.000 --> 01:04:45.000]  and all politics follows the money.
[01:04:45.000 --> 01:04:49.000]  So, the advantage that we have as a pro se,
[01:04:49.000 --> 01:04:55.000]  taking on the established lawyers,
[01:04:55.000 --> 01:04:59.000]  is that you have an experienced pro se.
[01:04:59.000 --> 01:05:02.000]  I've been down this road before.
[01:05:02.000 --> 01:05:05.000]  I've helped over 600 people file federal lawsuits,
[01:05:05.000 --> 01:05:07.000]  so I know how to sting them.
[01:05:07.000 --> 01:05:10.000]  I know what to anticipate what they're going to do.
[01:05:10.000 --> 01:05:17.000]  With all that said, we start out by doing point moves.
[01:05:17.000 --> 01:05:20.000]  We look at the documents filed in the firm.
[01:05:20.000 --> 01:05:23.000]  Sorry, the first thing we do is file the debt validation letter,
[01:05:23.000 --> 01:05:26.000]  and then almost always screw that up.
[01:05:26.000 --> 01:05:30.000]  And then once we get the notice of default,
[01:05:30.000 --> 01:05:35.000]  then we file a qualified written request
[01:05:35.000 --> 01:05:40.000]  and claim all the fees on the HUD-1 settlement statement is bogus,
[01:05:40.000 --> 01:05:45.000]  and therefore the amount they're charging each month
[01:05:45.000 --> 01:05:49.000]  is in excess of the amount you actually owe.
[01:05:49.000 --> 01:05:52.000]  And if they got a good smart lawyer,
[01:05:52.000 --> 01:05:54.000]  he'll look at that and say,
[01:05:54.000 --> 01:05:58.000]  these guys are setting us up.
[01:05:58.000 --> 01:06:00.000]  If we try to foreclose,
[01:06:00.000 --> 01:06:04.000]  he's going to claim that because they charge these extra fees,
[01:06:04.000 --> 01:06:09.000]  that the lender is responsible for the default,
[01:06:09.000 --> 01:06:12.000]  not the borrower.
[01:06:12.000 --> 01:06:16.000]  And we're going to have to go to court and adjudicate these issues.
[01:06:16.000 --> 01:06:19.000]  In the end, it's all about the money.
[01:06:19.000 --> 01:06:24.000]  They're trying to make money by taking your property from you
[01:06:24.000 --> 01:06:26.000]  and selling it.
[01:06:26.000 --> 01:06:31.000]  So you make it way too costly for them.
[01:06:31.000 --> 01:06:36.000]  And when you start laying out the pawn moves,
[01:06:36.000 --> 01:06:41.000]  the good smart lawyer will recognize what you're doing.
[01:06:41.000 --> 01:06:43.000]  He's going to say,
[01:06:43.000 --> 01:06:48.000]  this guy just filed a petition for declaratory judgment,
[01:06:48.000 --> 01:06:51.000]  didn't ask for any recovery of any kind.
[01:06:51.000 --> 01:06:54.000]  He knows what he's doing.
[01:06:54.000 --> 01:06:56.000]  He's going to stick us in court,
[01:06:56.000 --> 01:06:59.000]  and we can't get a Rule 12
[01:06:59.000 --> 01:07:03.000]  because the Rule 12B6 says,
[01:07:03.000 --> 01:07:08.000]  is a motion to dismiss for failure to state a claim on which recovery can be had.
[01:07:08.000 --> 01:07:12.000]  Well, he's not asking for any recovery.
[01:07:12.000 --> 01:07:14.000]  It's a pure declaratory judgment suit,
[01:07:14.000 --> 01:07:16.000]  but if he wins that suit,
[01:07:16.000 --> 01:07:21.000]  he's going to stick this assignment we've got here out in front of us,
[01:07:21.000 --> 01:07:27.000]  and we're going to have to find a way around it to get a foreclosure done.
[01:07:27.000 --> 01:07:29.000]  Well, generally, if you've got a bad assignment,
[01:07:29.000 --> 01:07:32.000]  you can decide, you can do another one.
[01:07:32.000 --> 01:07:38.000]  But generally, the way we find these is the original lenders out of business
[01:07:38.000 --> 01:07:44.000]  or the original lender at the time of the assignment
[01:07:44.000 --> 01:07:50.000]  was not the holder of the instrument.
[01:07:50.000 --> 01:07:53.000]  After the year 2000,
[01:07:53.000 --> 01:07:59.000]  the banks instituted an investment scheme
[01:07:59.000 --> 01:08:03.000]  where they could take these residential mortgages,
[01:08:03.000 --> 01:08:05.000]  group them together in a large pool,
[01:08:05.000 --> 01:08:10.000]  and then sell them as investments to retirement funds.
[01:08:10.000 --> 01:08:12.000]  It looked like a perfect match.
[01:08:12.000 --> 01:08:17.000]  Long-term debt, long-term investment strategy, perfect match.
[01:08:17.000 --> 01:08:19.000]  Problem.
[01:08:19.000 --> 01:08:24.000]  Any change in beneficial interest in a real estate mortgage is required
[01:08:24.000 --> 01:08:28.000]  to be filed with the county recorder.
[01:08:28.000 --> 01:08:29.000]  You don't have to.
[01:08:29.000 --> 01:08:31.000]  I said required.
[01:08:31.000 --> 01:08:33.000]  That's not correct.
[01:08:33.000 --> 01:08:36.000]  If you don't file that with the county recorder,
[01:08:36.000 --> 01:08:41.000]  you may not have a perfected lien against the property.
[01:08:41.000 --> 01:08:44.000]  So if you want a perfected lien,
[01:08:44.000 --> 01:08:51.000]  anyone who has a claim against the property must have a filing in the county record.
[01:08:51.000 --> 01:08:55.000]  Texas law says any claim against real property,
[01:08:55.000 --> 01:08:57.000]  not properly acknowledged or proven,
[01:08:57.000 --> 01:09:02.000]  and filed in the record is void as to the holder.
[01:09:02.000 --> 01:09:06.000]  So we don't care who holds what.
[01:09:06.000 --> 01:09:10.000]  If you don't have your claim properly filed in the public record,
[01:09:10.000 --> 01:09:12.000]  you can use it for toilet paper.
[01:09:12.000 --> 01:09:17.000]  So we want to take out one of those assignments
[01:09:17.000 --> 01:09:22.000]  because almost always either the original lender is out of business
[01:09:22.000 --> 01:09:28.000]  because the banks started these mortgage companies and used them as a tax scheme.
[01:09:28.000 --> 01:09:34.000]  They would sell these highly profitable predatory mortgages
[01:09:34.000 --> 01:09:37.000]  to the banks at a loss
[01:09:37.000 --> 01:09:40.000]  so that they got to bankrupt out all the profits
[01:09:40.000 --> 01:09:42.000]  and then closed down the mortgage company.
[01:09:42.000 --> 01:09:47.000]  The mortgage company would go in bankruptcy and close down,
[01:09:47.000 --> 01:09:49.000]  and then the banks would open another one.
[01:09:49.000 --> 01:09:51.000]  So it was a tax scheme.
[01:09:51.000 --> 01:09:54.000]  Well, the problem with that was
[01:09:54.000 --> 01:09:57.000]  is all these mortgage companies are out of business.
[01:09:57.000 --> 01:10:01.000]  And you get the assignment rendered void,
[01:10:01.000 --> 01:10:04.000]  there's nobody to file another one
[01:10:04.000 --> 01:10:08.000]  because dead guys can't file assignments.
[01:10:08.000 --> 01:10:17.000]  Or if you can show that the mortgage was securitized into a pool,
[01:10:17.000 --> 01:10:23.000]  then the holder of the lender at the time of the assignment
[01:10:23.000 --> 01:10:26.000]  did not hold the mortgage.
[01:10:26.000 --> 01:10:29.000]  It was not an asset.
[01:10:29.000 --> 01:10:32.000]  Washington Mutual was put out of business by the CIA
[01:10:32.000 --> 01:10:35.000]  because they were using the mortgage industry
[01:10:35.000 --> 01:10:41.000]  as a money laundering scam for the Mexican and Colombian drug cartels.
[01:10:41.000 --> 01:10:45.000]  But when they went out of business, they didn't do any assignments.
[01:10:45.000 --> 01:10:51.000]  So anybody who has a Washington Mutual note
[01:10:51.000 --> 01:10:54.000]  and somebody else is trying to collect on it,
[01:10:54.000 --> 01:10:56.000]  they don't have any standing
[01:10:56.000 --> 01:11:00.000]  because Washington Mutual didn't assign anything to anybody.
[01:11:00.000 --> 01:11:03.000]  And 99% of all the mortgages they wrote,
[01:11:03.000 --> 01:11:06.000]  they never owned them to start with.
[01:11:06.000 --> 01:11:08.000]  The special purpose vehicle owned them
[01:11:08.000 --> 01:11:12.000]  because they provided Washington Mutual the money to buy them.
[01:11:12.000 --> 01:11:17.000]  So Washington Mutual was just a salesman
[01:11:17.000 --> 01:11:22.000]  for the hidden and unrevealed drug cartels
[01:11:22.000 --> 01:11:26.000]  who were acting as the special purpose vehicles.
[01:11:26.000 --> 01:11:28.000]  They were buying these notes.
[01:11:28.000 --> 01:11:33.000]  So Washington Mutual never held that as an asset.
[01:11:33.000 --> 01:11:37.000]  So they couldn't assign it to anybody because they never held it.
[01:11:37.000 --> 01:11:39.000]  These are arguments we can make
[01:11:39.000 --> 01:11:42.000]  and hold them in the courts for a long time.
[01:11:42.000 --> 01:11:45.000]  And we haven't even got to the issue yet.
[01:11:45.000 --> 01:11:51.000]  I have someone in California who's been in court for six years
[01:11:51.000 --> 01:11:55.000]  on the Who Are You suit.
[01:11:55.000 --> 01:11:57.000]  I don't know who you are.
[01:11:57.000 --> 01:11:59.000]  Never entered into contract with you.
[01:11:59.000 --> 01:12:02.000]  Never entered into contract with your alleged principal.
[01:12:02.000 --> 01:12:03.000]  Who the heck are you?
[01:12:03.000 --> 01:12:08.000]  Six years we've had him in court on that.
[01:12:08.000 --> 01:12:10.000]  That's just the first one.
[01:12:10.000 --> 01:12:12.000]  We don't even care about that one
[01:12:12.000 --> 01:12:15.000]  because next we come after the assignments.
[01:12:15.000 --> 01:12:19.000]  Next we come after the false fees.
[01:12:19.000 --> 01:12:22.000]  And he doesn't even have a notice of rescission,
[01:12:22.000 --> 01:12:23.000]  a notice of acceleration.
[01:12:23.000 --> 01:12:28.000]  He can't even file a notice of rescission.
[01:12:28.000 --> 01:12:31.000]  So this is what we try to do.
[01:12:31.000 --> 01:12:33.000]  We try to make it cost them a lot of money.
[01:12:33.000 --> 01:12:37.000]  Now if you're a lawyer, you can get sanctioned for that.
[01:12:37.000 --> 01:12:39.000]  But we're not lawyers.
[01:12:39.000 --> 01:12:41.000]  They can't sanction us for it
[01:12:41.000 --> 01:12:45.000]  because we're not held to the same standard as a lawyer.
[01:12:45.000 --> 01:12:50.000]  So we can go in and just hold them off.
[01:12:50.000 --> 01:12:54.000]  We can bar grieve their lawyers so the lawyer quits
[01:12:54.000 --> 01:12:58.000]  and have to hire one for three times the amount.
[01:12:58.000 --> 01:13:01.000]  And then the whole time we're doing this,
[01:13:01.000 --> 01:13:05.000]  we're asking the judge to order mediation.
[01:13:05.000 --> 01:13:08.000]  Order these guys to come to the table and make a deal with us.
[01:13:08.000 --> 01:13:09.000]  We want this to go away.
[01:13:09.000 --> 01:13:12.000]  We don't want to keep this fight up.
[01:13:12.000 --> 01:13:14.000]  The lawyers don't want to deal out,
[01:13:14.000 --> 01:13:16.000]  especially if you're a pro se.
[01:13:16.000 --> 01:13:19.000]  They don't want to lose to a pro se.
[01:13:19.000 --> 01:13:22.000]  But if the judge orders them to mediate,
[01:13:22.000 --> 01:13:25.000]  then they can mediate and not lose face.
[01:13:25.000 --> 01:13:31.000]  So this is kind of the strategy that I generally work on.
[01:13:31.000 --> 01:13:34.000]  I know a lot of people out there,
[01:13:34.000 --> 01:13:36.000]  there's a lot of pressure
[01:13:36.000 --> 01:13:40.000]  and a lot of people selling securities audits.
[01:13:40.000 --> 01:13:45.000]  Well, I don't suggest a securities audit
[01:13:45.000 --> 01:13:51.000]  unless the entity that is foreclosing
[01:13:51.000 --> 01:13:57.000]  is the exact same entity that wrote the mortgage.
[01:13:57.000 --> 01:14:05.000]  Say it's Chase Bank USANA, not Chase Home Mortgage,
[01:14:05.000 --> 01:14:12.000]  not JP Morgan Chase, but Chase Bank USANA.
[01:14:12.000 --> 01:14:17.000]  They wrote the note and that's who is trying to foreclose.
[01:14:17.000 --> 01:14:19.000]  Now I don't have any assignments.
[01:14:19.000 --> 01:14:22.000]  I don't have anything in between.
[01:14:22.000 --> 01:14:29.000]  Now I got to show that Chase Bank USANA
[01:14:29.000 --> 01:14:32.000]  in fact does not hold this mortgage,
[01:14:32.000 --> 01:14:37.000]  that they have negotiated the beneficial interest in the mortgage
[01:14:37.000 --> 01:14:41.000]  and failed to file it in the record.
[01:14:41.000 --> 01:14:45.000]  And since they failed to file it in the record, they have no standing.
[01:14:45.000 --> 01:14:51.000]  That's the only time I tend to ask people to get a securities audit.
[01:14:51.000 --> 01:14:53.000]  I don't do securities audits.
[01:14:53.000 --> 01:14:59.000]  So just because a mortgage was sold to another servicer for a few years,
[01:14:59.000 --> 01:15:03.000]  that doesn't mean that they have standing that they can foreclose,
[01:15:03.000 --> 01:15:05.000]  like our current service?
[01:15:05.000 --> 01:15:07.000]  Let me explain that part.
[01:15:07.000 --> 01:15:12.000]  They don't actually sell the mortgage to the servicer.
[01:15:12.000 --> 01:15:18.000]  When the original lender sells the beneficial interest in the note,
[01:15:18.000 --> 01:15:23.000]  are you familiar with a business practice called factoring?
[01:15:23.000 --> 01:15:24.000]  No.
[01:15:24.000 --> 01:15:28.000]  I got all these accounts receivable
[01:15:28.000 --> 01:15:35.000]  and I spent all my money doing all this work to generate these accounts receivable.
[01:15:35.000 --> 01:15:39.000]  But I'm not receiving anything and I'm broke here.
[01:15:39.000 --> 01:15:43.000]  So I go to the bank and I say, guys, I got all these accounts receivable.
[01:15:43.000 --> 01:15:45.000]  I don't have any money.
[01:15:45.000 --> 01:15:48.000]  I want you to buy these from me.
[01:15:48.000 --> 01:15:55.000]  So what the bank buys is the right to be paid.
[01:15:55.000 --> 01:16:00.000]  When a mortgage note is negotiated to a trust,
[01:16:00.000 --> 01:16:04.000]  the note is not sold to the trust.
[01:16:04.000 --> 01:16:07.000]  That stays with the document custodian.
[01:16:07.000 --> 01:16:12.000]  What is sold to the trust is the right to be paid,
[01:16:12.000 --> 01:16:15.000]  the right to collect the payments themselves.
[01:16:15.000 --> 01:16:18.000]  That's what actually gets sold.
[01:16:18.000 --> 01:16:21.000]  And when they do this negotiation,
[01:16:21.000 --> 01:16:27.000]  they sell the right to service the note separately
[01:16:27.000 --> 01:16:33.000]  because it's profitable for companies to collect these mortgages.
[01:16:33.000 --> 01:16:41.000]  Generally, when you have the same entity as the servicer who was also the lender,
[01:16:41.000 --> 01:16:45.000]  they sold the market, the right to be paid to somebody else,
[01:16:45.000 --> 01:16:48.000]  and they kept the servicing rights.
[01:16:48.000 --> 01:16:50.000]  So they're not the holder anymore.
[01:16:50.000 --> 01:16:51.000]  Hang on.
[01:16:51.000 --> 01:16:52.000]  We have to go to break.
[01:16:52.000 --> 01:16:57.000]  Randy Kelton, the Wheel of Law Radio, will be right back.
[01:16:57.000 --> 01:17:02.000]  At Capital Coin and Bullion,
[01:17:02.000 --> 01:17:05.000]  our mission is to be your preferred shopping destination
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[01:18:58.000 --> 01:19:01.000]  to learn how to stop debt collectors now.
[01:19:01.000 --> 01:19:17.000]  This is the Logos, the Logos Radio Net.
[01:19:17.000 --> 01:19:28.000]  Ain't gonna blame me, don't blame me
[01:19:28.000 --> 01:19:36.000]  Ain't gonna fool me with that same old trick again
[01:19:36.000 --> 01:19:42.000]  I was blindsided but now I can see your light
[01:19:42.000 --> 01:19:44.000]  Okay, we are back.
[01:19:44.000 --> 01:19:46.000]  Randy Kelton, Rule of Law Radio.
[01:19:46.000 --> 01:19:49.000]  We're talking to Colleen in New York.
[01:19:49.000 --> 01:19:57.000]  And just because the same company is servicing the note
[01:19:57.000 --> 01:20:00.000]  as the one who wrote the original mortgage
[01:20:00.000 --> 01:20:03.000]  does not mean they are the holder.
[01:20:03.000 --> 01:20:07.000]  Now, they may be the servicer.
[01:20:07.000 --> 01:20:14.000]  But what you don't know is who actually is the entity
[01:20:14.000 --> 01:20:17.000]  that has a right to make the claim.
[01:20:17.000 --> 01:20:23.000]  You don't know if this servicer is actually servicing the note
[01:20:23.000 --> 01:20:25.000]  for the correct party.
[01:20:25.000 --> 01:20:32.000]  So the question is, will the real party in interest stand up
[01:20:32.000 --> 01:20:35.000]  and prove that you're the party in interest
[01:20:35.000 --> 01:20:37.000]  so that when I pay you off,
[01:20:37.000 --> 01:20:41.000]  I know that I have extinguished my note because uniform.
[01:20:41.000 --> 01:20:46.000]  A commercial code says that if you render payment to the wrong party,
[01:20:46.000 --> 01:20:49.000]  the note is not extinguished.
[01:20:49.000 --> 01:20:54.000]  So you gotta do due diligence to make sure you're paying the right person.
[01:20:54.000 --> 01:20:58.000]  And the servicer comes in and says,
[01:20:58.000 --> 01:21:01.000]  oh, I'm the right person, we'll prove it.
[01:21:01.000 --> 01:21:04.000]  And that's what they can't do.
[01:21:04.000 --> 01:21:09.000]  Oh, so there's no way of knowing if the servicer is servicing the right party
[01:21:09.000 --> 01:21:13.000]  who can allow the foreclosure, basically.
[01:21:13.000 --> 01:21:17.000]  I forget what government agency it was,
[01:21:17.000 --> 01:21:19.000]  but I have it in my notes somewhere,
[01:21:19.000 --> 01:21:25.000]  that one of the government agencies was trying to figure out who held these notes.
[01:21:25.000 --> 01:21:29.000]  And they concluded that the federal government,
[01:21:29.000 --> 01:21:35.000]  with all its funds and resources, could not figure out who held these notes.
[01:21:35.000 --> 01:21:42.000]  It is impossible for the banks to determine who actually holds these notes.
[01:21:42.000 --> 01:21:47.000]  They have made such a horrible mess of the system.
[01:21:47.000 --> 01:21:50.000]  And now it's coming back to haunt them.
[01:21:50.000 --> 01:21:52.000]  And when you go after them,
[01:21:52.000 --> 01:22:00.000]  the one thing they want to avoid beyond everything else is discovery.
[01:22:00.000 --> 01:22:04.000]  You file a action, they're going to try to get it to the Fed,
[01:22:04.000 --> 01:22:10.000]  and file a Rule 12 motion to dismiss.
[01:22:10.000 --> 01:22:13.000]  Rule 12 motion to dismiss for failure to state a claim
[01:22:13.000 --> 01:22:18.000]  because they do not want to get to discovery.
[01:22:18.000 --> 01:22:20.000]  So we go in with the declaratory judgment
[01:22:20.000 --> 01:22:27.000]  and ask the courts to declare the rights of the parties.
[01:22:27.000 --> 01:22:35.000]  But in order to make that declaration, why, we need some discovery here.
[01:22:35.000 --> 01:22:42.000]  So the declaratory judgment is for the purpose of getting the discovery.
[01:22:42.000 --> 01:22:48.000]  If they can't produce the discovery in the declaratory judgment suit,
[01:22:48.000 --> 01:22:55.000]  then we can use that as collateral estoppel if they try to foreclose.
[01:22:55.000 --> 01:23:03.000]  Collateral estoppel, if you come into court and take a position,
[01:23:03.000 --> 01:23:13.000]  even if you don't win or even if that position did not determine the case,
[01:23:13.000 --> 01:23:15.000]  you've taken that position in court.
[01:23:15.000 --> 01:23:22.000]  You cannot subsequently come into another court and take a diametrically opposed position.
[01:23:22.000 --> 01:23:30.000]  We had someone with them we worked with who had a note that was part of a specific pool,
[01:23:30.000 --> 01:23:37.000]  and there was a suit between Chase and Deutsche Bank or Chase sued Deutsche Bank
[01:23:37.000 --> 01:23:42.000]  about this pool and Deutsche Bank represented to the court
[01:23:42.000 --> 01:23:45.000]  that they had no interest in this pool.
[01:23:45.000 --> 01:23:51.000]  And then they tried to foreclose on this woman whose note was in that pool,
[01:23:51.000 --> 01:23:54.000]  claiming they were the holder.
[01:23:54.000 --> 01:23:57.000]  Well, they might have been the holder,
[01:23:57.000 --> 01:24:01.000]  but they can't come to court and say they are the holder
[01:24:01.000 --> 01:24:05.000]  because they've already went into court and said they have no interest in it.
[01:24:05.000 --> 01:24:08.000]  They're subject to collateral estoppel.
[01:24:08.000 --> 01:24:13.000]  I had Wells Fargo, excuse me, I had Wells Fargo.
[01:24:13.000 --> 01:24:16.000]  I filed an action against them,
[01:24:16.000 --> 01:24:21.000]  and they filed a rule of motion to dismiss even though it was a declaratory judgment.
[01:24:21.000 --> 01:24:30.000]  And they claimed that the court should dismiss the case because they were not the lender.
[01:24:30.000 --> 01:24:35.000]  Oh, okay.
[01:24:35.000 --> 01:24:39.000]  So these guys are trying to foreclose.
[01:24:39.000 --> 01:24:43.000]  You sue them, and they claim they're not the lender.
[01:24:43.000 --> 01:24:46.000]  So what do you do?
[01:24:46.000 --> 01:24:49.000]  You non-suit immediately.
[01:24:49.000 --> 01:24:55.000]  Before the lawyer has an opportunity to realize he screwed up,
[01:24:55.000 --> 01:24:58.000]  once you've non-suited,
[01:24:58.000 --> 01:25:01.000]  they came into court and said we're not the lender.
[01:25:01.000 --> 01:25:04.000]  So you said, oh, my goodness, I sued the wrong party.
[01:25:04.000 --> 01:25:08.000]  And you non-suit based on their assertion.
[01:25:08.000 --> 01:25:13.000]  They cannot later come back to the court and say, oh, oh, yeah, we made a mistake.
[01:25:13.000 --> 01:25:16.000]  We were the lender.
[01:25:16.000 --> 01:25:20.000]  Oh, you're subject to collateral estoppel.
[01:25:20.000 --> 01:25:22.000]  Okay.
[01:25:22.000 --> 01:25:24.000]  Does that make sense, Colleen?
[01:25:24.000 --> 01:25:25.000]  Yes.
[01:25:25.000 --> 01:25:33.000]  So what you're saying is, is a declaratory judgment filed after filing a debt validation letter
[01:25:33.000 --> 01:25:36.000]  prior to receiving a notice of acceleration?
[01:25:36.000 --> 01:25:38.000]  So all of that goes in order?
[01:25:38.000 --> 01:25:45.000]  No, we don't do the declaratory judgment suit until we get a notice of acceleration.
[01:25:45.000 --> 01:25:47.000]  So we do the debt validation.
[01:25:47.000 --> 01:25:49.000]  That will hold them off for a while.
[01:25:49.000 --> 01:25:52.000]  And then they'll file a notice of acceleration.
[01:25:52.000 --> 01:25:59.000]  Then we do a qualified written request with notice of rescission in the back.
[01:25:59.000 --> 01:26:01.000]  Okay.
[01:26:01.000 --> 01:26:03.000]  It's hidden way back there in the back.
[01:26:03.000 --> 01:26:07.000]  We give them a bunch of stuff to pay attention to in the front.
[01:26:07.000 --> 01:26:12.000]  The lawyer is going to look at it and say, this guy's getting ready to sue us,
[01:26:12.000 --> 01:26:14.000]  claiming all these fees are fraudulent.
[01:26:14.000 --> 01:26:16.000]  He's going to put us in court for a long time.
[01:26:16.000 --> 01:26:19.000]  And then he's got all this discovery.
[01:26:19.000 --> 01:26:21.000]  You've got to show me this, show me this.
[01:26:21.000 --> 01:26:23.000]  And the lawyer is going to say, that's trash.
[01:26:23.000 --> 01:26:24.000]  That's garbage.
[01:26:24.000 --> 01:26:25.000]  I don't have to do that.
[01:26:25.000 --> 01:26:26.000]  That's all nonsense.
[01:26:26.000 --> 01:26:30.000]  And they never read the last paragraph.
[01:26:30.000 --> 01:26:33.000]  And that's the notice of rescission.
[01:26:33.000 --> 01:26:38.000]  So the notice of rescission is filed the same time as the debt validation letter?
[01:26:38.000 --> 01:26:40.000]  I was just trying to get that.
[01:26:40.000 --> 01:26:41.000]  No, no.
[01:26:41.000 --> 01:26:43.000]  Qualified written request.
[01:26:43.000 --> 01:26:47.000]  You have to have a notice of acceleration.
[01:26:47.000 --> 01:26:59.000]  It is the notice of acceleration that reinvigorates the right to rescind under 15 U.S. Code 1635-I.
[01:26:59.000 --> 01:27:07.000]  1635-F says you can rescind within three years if they fail to give you proper notice.
[01:27:07.000 --> 01:27:10.000]  But that stops in three years.
[01:27:10.000 --> 01:27:20.000]  1635-I says after initiation of foreclosure, if you can show more than $35 on disclosed charges
[01:27:20.000 --> 01:27:31.000]  or that the origination fee was not taken out of the interest, the right to rescind is reinvigorated.
[01:27:31.000 --> 01:27:34.000]  And there is no statute of limitations on that one.
[01:27:34.000 --> 01:27:42.000]  So as soon as you get the notice of acceleration, they've opened the door for you to file the rescission.
[01:27:42.000 --> 01:27:50.000]  So you file the qualified written request in order to hide the fact that the rescission is at the end of it.
[01:27:50.000 --> 01:27:51.000]  Well, it's not hidden.
[01:27:51.000 --> 01:27:53.000]  It's in plain sight.
[01:27:53.000 --> 01:27:59.000]  But human beings, being what human beings are, they never read to the last paragraph.
[01:27:59.000 --> 01:28:04.000]  So now we don't even go after the rescission yet.
[01:28:04.000 --> 01:28:07.000]  We hold that in reserve.
[01:28:07.000 --> 01:28:16.000]  Now we do a petition for declaration of the rights of the parties.
[01:28:16.000 --> 01:28:23.000]  If we have a lot of junk in the county record, we go after that junk.
[01:28:23.000 --> 01:28:29.000]  Because we don't have any rulings on 1635-I.
[01:28:29.000 --> 01:28:35.000]  We want to try to get as much res judicata as we can.
[01:28:35.000 --> 01:28:44.000]  If we can get a couple of rulings against the lender, it raises the likelihood that they will make a good deal with us.
[01:28:44.000 --> 01:28:50.000]  We want to cost them a lot of money and get them to make a deal.
[01:28:50.000 --> 01:28:51.000]  Right.
[01:28:51.000 --> 01:28:54.000]  So that's just basically the strategy.
[01:28:54.000 --> 01:28:59.000]  And every case is somewhat different, so there will be different stuff we can throw at them.
[01:28:59.000 --> 01:29:05.000]  But at the end of the day, we've got more stuff to throw at them that they can keep up with.
[01:29:05.000 --> 01:29:06.000]  Okay.
[01:29:06.000 --> 01:29:11.000]  I'm just trying to make sure I have everything in order.
[01:29:11.000 --> 01:29:12.000]  Okay.
[01:29:12.000 --> 01:29:22.000]  And since everybody's on board, call me Monday and we will get a death validation letter put together and get it sent to them.
[01:29:22.000 --> 01:29:23.000]  Okay.
[01:29:23.000 --> 01:29:24.000]  Okay.
[01:29:24.000 --> 01:29:26.000]  Get this process started.
[01:29:26.000 --> 01:29:27.000]  Okay.
[01:29:27.000 --> 01:29:30.000]  Do you have any more questions for us, Colleen?
[01:29:30.000 --> 01:29:31.000]  Yes.
[01:29:31.000 --> 01:29:34.000]  I did have one more question.
[01:29:34.000 --> 01:29:42.000]  Because I was looking at the county records, I get confused between satisfaction of mortgage.
[01:29:42.000 --> 01:29:46.000]  I see that written a lot and mortgage itself.
[01:29:46.000 --> 01:29:47.000]  Okay.
[01:29:47.000 --> 01:29:48.000]  Hang on.
[01:29:48.000 --> 01:29:49.000]  Let's pick that up on the other side.
[01:29:49.000 --> 01:29:51.000]  This is Randy Kelton.
[01:29:51.000 --> 01:29:52.000]  We will have our radio.
[01:29:52.000 --> 01:29:55.000]  I call it number 512-646-1984.
[01:29:55.000 --> 01:30:02.000]  We will be right back.
[01:30:02.000 --> 01:30:07.000]  When it's time to pop the question, creativity can make the engagement memorable.
[01:30:07.000 --> 01:30:10.000]  But there are some proposal ideas that go a little too far.
[01:30:10.000 --> 01:30:16.000]  I'm Dr. Catherine Albrecht, and I'll be back with a stunt that nearly caused the groom to be his job.
[01:30:16.000 --> 01:30:18.000]  Privacy is under attack.
[01:30:18.000 --> 01:30:22.000]  When you give up data about yourself, you'll never get it back again.
[01:30:22.000 --> 01:30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:26.000 --> 01:30:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.000 --> 01:30:34.000]  Privacy, it's worth hanging on to.
[01:30:34.000 --> 01:30:42.000]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:42.000 --> 01:30:45.000]  Start over with StartPage.
[01:30:45.000 --> 01:30:49.000]  John Cardin is a poster child for how not to pop the question.
[01:30:49.000 --> 01:30:56.000]  The Baltimore legislator thought a staged SWAT raid would be a romantic backdrop for proposing to his girlfriend, Megan Homer.
[01:30:56.000 --> 01:31:01.000]  So he had Baltimore Marine and helicopter units swarm the boat he was cruising on with his beloved,
[01:31:01.000 --> 01:31:05.000]  pretend to ransack the craft, and confiscate a stashed engagement ring.
[01:31:05.000 --> 01:31:09.000]  After staring the bejeebers out of Megan, Cardin proposed.
[01:31:09.000 --> 01:31:15.000]  When the media caught wind of the stunt, Cardin grudgingly offered to reimburse the city $300 for the elaborate hoax,
[01:31:15.000 --> 01:31:18.000]  which was far less than the enormous sum it actually cost the taxpayers.
[01:31:18.000 --> 01:31:24.000]  While his abuse of power is shocking, perhaps the biggest surprise is that Megan said yes.
[01:31:24.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:48.000]  Thousands of my fellow first responders are dying.
[01:31:48.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer.
[01:31:51.000 --> 01:31:52.000]  I'm a New York City correction officer.
[01:31:52.000 --> 01:31:53.000]  I'm an Air Force pilot.
[01:31:53.000 --> 01:31:55.000]  I'm a father who lost his son.
[01:31:55.000 --> 01:31:57.000]  We're Americans, and we deserve the truth.
[01:31:57.000 --> 01:32:21.000]  Go to RememberBuilding7.org today.
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[01:32:45.000 --> 01:32:50.000]  So if those out of town roofers come knocking, your door should be locking.
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[01:32:56.000 --> 01:32:58.000]  Discounts are based on full roof replacement.
[01:32:58.000 --> 01:33:02.000]  Me and I actually be kidding about chemtrails.
[01:33:02.000 --> 01:33:04.000]  Looking for some truth?
[01:33:04.000 --> 01:33:05.000]  You found it.
[01:33:05.000 --> 01:33:12.000]  Logosradionetwork.com.
[01:33:12.000 --> 01:33:13.000]  Okay.
[01:33:13.000 --> 01:33:14.000]  We are back.
[01:33:14.000 --> 01:33:16.000]  Amanda Kelton of Ula Radio.
[01:33:16.000 --> 01:33:18.000]  And we're talking to Colleen in New York.
[01:33:18.000 --> 01:33:22.000]  And we'll start that question again, Colleen.
[01:33:22.000 --> 01:33:28.000]  Okay, so basically as I look on the property records of my parents' mortgage,
[01:33:28.000 --> 01:33:34.000]  I notice that next to the assignments it says satisfaction of mortgage,
[01:33:34.000 --> 01:33:39.000]  and then lines that say mortgage, and then ones that say assignment mortgage.
[01:33:39.000 --> 01:33:41.000]  So I always get confused.
[01:33:41.000 --> 01:33:43.000]  I don't know if they all mean the same thing.
[01:33:43.000 --> 01:33:44.000]  No, they don't.
[01:33:44.000 --> 01:33:52.000]  A satisfaction of mortgage, you generally find that when there's been a refinance.
[01:33:52.000 --> 01:34:00.000]  They will file a satisfaction of the old mortgage and then file a new deed of trust.
[01:34:00.000 --> 01:34:03.000]  I find those on occasion.
[01:34:03.000 --> 01:34:08.000]  They should be there every time, but they're not.
[01:34:08.000 --> 01:34:13.000]  So, but for the most part, those aren't an issue.
[01:34:13.000 --> 01:34:20.000]  There has been an occasion where I found a satisfaction of the current mortgage.
[01:34:20.000 --> 01:34:28.000]  Or like in a case in California, they have an assignment.
[01:34:28.000 --> 01:34:34.000]  And the assignment is apparently assigned, I'm sorry,
[01:34:34.000 --> 01:34:39.000]  and have an appointment of a substitute trustee.
[01:34:39.000 --> 01:34:47.000]  And right in the middle of it, they said based on payment in full,
[01:34:47.000 --> 01:34:53.000]  the mortgage is fully reconveyed.
[01:34:53.000 --> 01:34:57.000]  What in the heck does that mean?
[01:34:57.000 --> 01:35:01.000]  It doesn't say who is reconveyed to.
[01:35:01.000 --> 01:35:09.000]  It says that it removes the current trustee and appoints the new trustee,
[01:35:09.000 --> 01:35:14.000]  and it names the new trustee as the undersigned.
[01:35:14.000 --> 01:35:18.000]  But there is no undersigned trustee.
[01:35:18.000 --> 01:35:27.000]  So it looks like they reconveyed the mortgage, and the only one to reconvey it to was the borrower.
[01:35:27.000 --> 01:35:33.000]  So I'm sure they'll talk their way out of that, but that will make a great lawsuit.
[01:35:33.000 --> 01:35:37.000]  Because that's definitely on the county records.
[01:35:37.000 --> 01:35:41.000]  I don't know if you have noticed that when you looked at that.
[01:35:41.000 --> 01:35:45.000]  I do believe I saw a satisfaction of mortgage.
[01:35:45.000 --> 01:35:47.000]  I always notice those.
[01:35:47.000 --> 01:35:53.000]  And then the first thing I do is look at it to see what the mortgage document number was.
[01:35:53.000 --> 01:35:56.000]  And then I go find that document by the document number.
[01:35:56.000 --> 01:36:04.000]  And in your case, it was a refinance, and it was a release to an old deed of trust,
[01:36:04.000 --> 01:36:10.000]  an old mortgage, and replaced it with a new one.
[01:36:10.000 --> 01:36:11.000]  Right.
[01:36:11.000 --> 01:36:12.000]  Oh, okay.
[01:36:12.000 --> 01:36:16.000]  Thank you for clearing that up, because it was just really confusing, of course.
[01:36:16.000 --> 01:36:22.000]  And I have some of them highlighted, and some are just in white, so I don't know which ones were.
[01:36:22.000 --> 01:36:26.000]  That one was pretty straightforward, but sometimes we get those,
[01:36:26.000 --> 01:36:31.000]  and that's why we pay so close attention to what's written in there.
[01:36:31.000 --> 01:36:36.000]  Because this is written on hard copy.
[01:36:36.000 --> 01:36:38.000]  They're bound by it.
[01:36:38.000 --> 01:36:46.000]  If they screwed up and did it wrong, their problem, not your problem.
[01:36:46.000 --> 01:36:50.000]  And we're glad to hold their feet to the fire.
[01:36:50.000 --> 01:36:52.000]  Okay.
[01:36:52.000 --> 01:36:55.000]  And we will talk Monday.
[01:36:55.000 --> 01:36:57.000]  Thank you, Ms. Colleen.
[01:36:57.000 --> 01:36:58.000]  Thank you.
[01:36:58.000 --> 01:37:01.000]  And now we're going to go to Kathy in Texas.
[01:37:01.000 --> 01:37:03.000]  Hello, Ms. Kathy.
[01:37:03.000 --> 01:37:05.000]  Well, hello, Randy.
[01:37:05.000 --> 01:37:06.000]  Hello.
[01:37:06.000 --> 01:37:08.000]  It's nice to hear your sweet voice.
[01:37:08.000 --> 01:37:09.000]  It's been a while.
[01:37:09.000 --> 01:37:10.000]  Yes.
[01:37:10.000 --> 01:37:11.000]  It's been too long.
[01:37:11.000 --> 01:37:18.000]  So I don't have anything real to tell you, but what I do want to call, I have a call of encouragement.
[01:37:18.000 --> 01:37:21.000]  Everyone out there, tomorrow is Constitution Day,
[01:37:21.000 --> 01:37:27.000]  and I challenge everyone to go out and exercise a constitutional right.
[01:37:27.000 --> 01:37:32.000]  Yeah, and it can get you beaten into unconsciousness.
[01:37:32.000 --> 01:37:33.000]  That's right.
[01:37:33.000 --> 01:37:35.000]  Well, you know, we can do the little ones.
[01:37:35.000 --> 01:37:39.000]  Just think how much fun that will be.
[01:37:39.000 --> 01:37:40.000]  That's right.
[01:37:40.000 --> 01:37:41.000]  Well, we'll try something.
[01:37:41.000 --> 01:37:45.000]  But anyway, I just wanted to throw that out there,
[01:37:45.000 --> 01:37:50.000]  because most people don't think there is a Constitution Day, and I think every day should be.
[01:37:50.000 --> 01:37:56.000]  And so maybe we'll, you know, we'll make some headway with your efforts and others.
[01:37:56.000 --> 01:38:00.000]  So we need to get Michael Bannerick back on the show.
[01:38:00.000 --> 01:38:01.000]  He's around.
[01:38:01.000 --> 01:38:03.000]  He's in town now.
[01:38:03.000 --> 01:38:04.000]  Yes, he is.
[01:38:04.000 --> 01:38:07.000]  We need to get him on to talk about Constitution Day.
[01:38:07.000 --> 01:38:09.000]  That's right.
[01:38:09.000 --> 01:38:13.000]  Well, I've got his number.
[01:38:13.000 --> 01:38:14.000]  You've got his number.
[01:38:14.000 --> 01:38:16.000]  Yeah, I've got his number.
[01:38:16.000 --> 01:38:17.000]  Call him up.
[01:38:17.000 --> 01:38:22.000]  You know, he doesn't hide his number, so everyone's just kind of piling up.
[01:38:22.000 --> 01:38:26.000]  I've had Michael's number for years.
[01:38:26.000 --> 01:38:28.000]  Yeah.
[01:38:28.000 --> 01:38:35.000]  But yeah, he's a great guy, and I can't say enough about just the,
[01:38:35.000 --> 01:38:40.000]  he's tenacious in continuing to fight for our freedoms and rights,
[01:38:40.000 --> 01:38:45.000]  and we are, you know, we need to be more grateful for the people who go out there like you
[01:38:45.000 --> 01:38:49.000]  and Michael and many others, of course.
[01:38:49.000 --> 01:38:53.000]  The ones on this network, of course, but everybody that fights.
[01:38:53.000 --> 01:38:56.000]  I just wanted to, you know, give a shout out and thank you guys
[01:38:56.000 --> 01:38:59.000]  and say that we are making some headway.
[01:38:59.000 --> 01:39:07.000]  And on that, another encouraging note, I have a very dear friend who is a naturalized citizen,
[01:39:07.000 --> 01:39:10.000]  and for years she's been telling me, oh, you're so silly.
[01:39:10.000 --> 01:39:12.000]  You just keep doing all this stuff.
[01:39:12.000 --> 01:39:15.000]  You don't need to do all this stuff, and you don't need to worry about all this stuff.
[01:39:15.000 --> 01:39:19.000]  Well, she got herself a traffic ticket.
[01:39:19.000 --> 01:39:21.000]  Oh, how sad.
[01:39:21.000 --> 01:39:30.000]  She got me doing 90 miles an hour down Mopac and in Sunset Valley.
[01:39:30.000 --> 01:39:34.000]  I'm not sure if you're familiar with that, but we have a little tiny town here in the middle
[01:39:34.000 --> 01:39:37.000]  of about a half a mile of 290.
[01:39:37.000 --> 01:39:39.000]  It's in Sunset Valley.
[01:39:39.000 --> 01:39:44.000]  And all of a sudden, she got really interested.
[01:39:44.000 --> 01:39:45.000]  What do I do?
[01:39:45.000 --> 01:39:47.000]  What do I do?
[01:39:47.000 --> 01:39:50.000]  I don't want to spend that much money.
[01:39:50.000 --> 01:39:53.000]  Funny how that works.
[01:39:53.000 --> 01:39:58.000]  So she's doing her homework, and she's got Eddie's information,
[01:39:58.000 --> 01:40:02.000]  and she's going to go give it a try.
[01:40:02.000 --> 01:40:03.000]  Wonderful.
[01:40:03.000 --> 01:40:06.000]  It can happen to you with the traffic ticket as you end up paying it,
[01:40:06.000 --> 01:40:10.000]  so why not go out there and give it a shot?
[01:40:10.000 --> 01:40:12.000]  Right, you've got nothing to lose.
[01:40:12.000 --> 01:40:17.000]  Exactly, but we've been on the right track.
[01:40:17.000 --> 01:40:21.000]  Right, the city can only lose when you fight them.
[01:40:21.000 --> 01:40:23.000]  That's right.
[01:40:23.000 --> 01:40:29.000]  I live in a very small town, and the last time I went to court,
[01:40:29.000 --> 01:40:35.000]  our municipal judge wound up retiring.
[01:40:35.000 --> 01:40:41.000]  And I'm beginning to honestly believe he retired because of what the prosecutor
[01:40:41.000 --> 01:40:48.000]  tried to pull in the courtroom, and I kind of landed on him with both feet.
[01:40:48.000 --> 01:40:55.000]  And Mark, this was a JP that it was my belief he would do what he believed was right
[01:40:55.000 --> 01:41:03.000]  if it hair-lit the pope, and he was so mortified he quit.
[01:41:03.000 --> 01:41:08.000]  And the city manager, I've known him for years,
[01:41:08.000 --> 01:41:16.000]  and he's trying to bring in a law firm to make this small town a court of record.
[01:41:16.000 --> 01:41:24.000]  And I just told him, if you bring in a law firm and make this town a court of record,
[01:41:24.000 --> 01:41:34.000]  that judge will do a proper examining trial for every person that comes into the court,
[01:41:34.000 --> 01:41:38.000]  or I will put him out of business.
[01:41:38.000 --> 01:41:42.000]  Yeah, he'll be down there to file every case, every case, every case.
[01:41:42.000 --> 01:41:50.000]  Yes, I told him, you are public servants, I am the master, and this is my job.
[01:41:50.000 --> 01:41:55.000]  And this is what I ask them to do, I'm going to do a presentation to the city council
[01:41:55.000 --> 01:42:01.000]  and say, look, when a police officer writes a citation,
[01:42:01.000 --> 01:42:11.000]  he's authorized to release that person on a promise to appear before a magistrate, not a judge.
[01:42:11.000 --> 01:42:22.000]  And under 2601, Texas Code of Criminal Procedure, you can only summon someone to an arraignment
[01:42:22.000 --> 01:42:28.000]  in the case of a felony or a crime punishable by imprisonment.
[01:42:28.000 --> 01:42:33.000]  The legislature made a special point of that.
[01:42:33.000 --> 01:42:37.000]  It has to be punishable by imprisonment, you can't have an arraignment.
[01:42:37.000 --> 01:42:46.000]  So 28.01 lists those things you can order someone to come to court for
[01:42:46.000 --> 01:42:50.000]  and to meet with the prosecuting attorney is not one of those things.
[01:42:50.000 --> 01:42:52.000]  So what you're doing is illegal.
[01:42:52.000 --> 01:42:53.000]  Yeah.
[01:42:53.000 --> 01:42:56.000]  I want you to hold an examining trial.
[01:42:56.000 --> 01:43:00.000]  But you order them to come to court and make sure the lawyer who wrote,
[01:43:00.000 --> 01:43:03.000]  the officer who wrote the ticket is there.
[01:43:03.000 --> 01:43:08.000]  And you tell the person, well, we're about to hold an examining trial.
[01:43:08.000 --> 01:43:14.000]  But if you would rather, you can meet with the prosecutor and maybe you two can work out a deal.
[01:43:14.000 --> 01:43:18.000]  So that serves the purpose of getting them to court the way they want it to.
[01:43:18.000 --> 01:43:22.000]  But if they don't want to meet with prosecutors, then we hold an examining trial.
[01:43:22.000 --> 01:43:28.000]  And in an examining trial, the first thing that happens, you get notified of your rights
[01:43:28.000 --> 01:43:34.000]  and then you're told you have the right to make a statement before any evidence is entered against you.
[01:43:34.000 --> 01:43:39.000]  And for the most part, people just want to be heard.
[01:43:39.000 --> 01:43:43.000]  This will eliminate most of their difficulty.
[01:43:43.000 --> 01:43:45.000]  So I'm going to try to force them to do that.
[01:43:45.000 --> 01:43:47.000]  Hang on, we're about to go to break.
[01:43:47.000 --> 01:43:50.000]  This is Randy Kelton, the ruler of our radio.
[01:43:50.000 --> 01:43:54.000]  I call in number 512-646-1984.
[01:43:54.000 --> 01:43:57.000]  Sonny, Olivier, Joe, I see you all there.
[01:43:57.000 --> 01:44:00.000]  Everybody, we'll be right back.
[01:44:27.000 --> 01:44:32.000]  In addition, we carry popular Young Jeopardy products such as Beyond Tangy Tangerine and Polynverse.
[01:44:32.000 --> 01:44:35.000]  We also offer One World Way, Mountain House Storable Foods,
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[01:44:39.000 --> 01:44:43.000]  We broker Metals IRA accounts and we also accept Bitcoins as payment.
[01:44:43.000 --> 01:44:46.000]  Call us at 512-646-6440.
[01:44:46.000 --> 01:44:51.000]  We're located at 7304 Burnet Road, Suite A, about a half mile south of Anderson.
[01:44:51.000 --> 01:44:54.000]  We're open Monday through Friday 10 to 6, Saturdays 10 to 2.
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[01:46:01.000 --> 01:46:22.000]  Okay, we are back. Randy Kelton, Rule of Law Radio, and Ms. Claudia dropped off,
[01:46:22.000 --> 01:46:34.000]  and Kathy dropped off. I'm confused. Sunny, Oliver, Joe, we got left.
[01:46:34.000 --> 01:46:39.000]  We've got one space open. We're going to Sunny in Georgia.
[01:46:39.000 --> 01:46:42.000]  Good evening, Randy.
[01:46:42.000 --> 01:46:47.000]  Good evening, Sunny. How's it going there in Hillbilly Land?
[01:46:47.000 --> 01:46:50.000]  Oh, just peaky.
[01:46:50.000 --> 01:46:57.000]  Oh, that was bad. I delivered some equipment to Atlanta once,
[01:46:57.000 --> 01:47:04.000]  and I had to deliver it to Peach Street of all things. Every street was named Peach.
[01:47:04.000 --> 01:47:06.000]  Exactly.
[01:47:06.000 --> 01:47:10.000]  Okay, what do you have for us today?
[01:47:10.000 --> 01:47:22.000]  On an appeal, about a month ago, I had a hearing, a motions hearing,
[01:47:22.000 --> 01:47:28.000]  which I had several motions there, and the judge denied everything.
[01:47:28.000 --> 01:47:35.000]  But the question I have is concerning the order from the judge.
[01:47:35.000 --> 01:47:42.000]  There's been no order put on the record or sent out,
[01:47:42.000 --> 01:47:50.000]  and so my question is, does the clock start ticking on an appeal
[01:47:50.000 --> 01:47:57.000]  when the judge signs the order or from the day of the motion hearing?
[01:47:57.000 --> 01:48:01.000]  There is no order until he signs the order.
[01:48:01.000 --> 01:48:02.000]  Okay.
[01:48:02.000 --> 01:48:07.000]  Have you filed a – no, you can't even do that. You don't have an order.
[01:48:07.000 --> 01:48:10.000]  Is this a state or federal?
[01:48:10.000 --> 01:48:15.000]  It is state. It is three traffic citations.
[01:48:15.000 --> 01:48:23.000]  Okay. You're going to ask for findings of fact and conclusions at law.
[01:48:23.000 --> 01:48:32.000]  Have you filed – okay, how long ago did he issue the order? I mean, how long did he issue the ruling?
[01:48:32.000 --> 01:48:36.000]  It was probably a month.
[01:48:36.000 --> 01:48:45.000]  Okay. Did you give notice? Did you petition for a rehearing?
[01:48:45.000 --> 01:48:48.000]  No.
[01:48:48.000 --> 01:48:55.000]  Okay. So you don't have an order, so you need to ask to petition the court
[01:48:55.000 --> 01:49:04.000]  to sign the order so that you have opportunity to appeal.
[01:49:04.000 --> 01:49:10.000]  Okay. My intention is to have this judge recused,
[01:49:10.000 --> 01:49:18.000]  and I've been working on a very long list to get ready for that and to file a complaint.
[01:49:18.000 --> 01:49:26.000]  Okay. Have you read the statute on what authorizes recusal?
[01:49:26.000 --> 01:49:29.000]  Yes, I have.
[01:49:29.000 --> 01:49:37.000]  Because being biased is not one of the things that would get a judge recused.
[01:49:37.000 --> 01:49:46.000]  You don't have a right to an unbiased court. Kind of sucks.
[01:49:46.000 --> 01:50:08.000]  Well, this – in the information that I have, in the – I think it's the rules for the courts, superior court, on recusal,
[01:50:08.000 --> 01:50:21.000]  it actually says under the section of affidavit, it says that the affidavit shall clearly state the facts and reasons for the belief that bias or prejudice exists.
[01:50:21.000 --> 01:50:29.000]  The problem is, is they list those things that amount to bias or prejudice.
[01:50:29.000 --> 01:50:38.000]  It may be somewhat different in Georgia, but you're biased if you are related to one of the parties,
[01:50:38.000 --> 01:50:45.000]  if you were at one time a lawyer for one of the parties, if you have a financial interest in the outcome.
[01:50:45.000 --> 01:50:53.000]  You see, they're just generally saying someone is biased is not enough.
[01:50:53.000 --> 01:51:05.000]  They have what amounts to bias defined in Julian code. Does that make sense?
[01:51:05.000 --> 01:51:13.000]  Yeah. Yeah. And I've got a lot more than just a bias claim.
[01:51:13.000 --> 01:51:28.000]  This judge refused to listen. There are many due process violations.
[01:51:28.000 --> 01:51:42.000]  That's good. You can maintain that he vacated the bench when he violated a law relating to his office.
[01:51:42.000 --> 01:51:48.000]  Procedural due process also goes to the Fed.
[01:51:48.000 --> 01:51:54.000]  You can sue the judge in the Fed, but that'd be great fun or what?
[01:51:54.000 --> 01:52:12.000]  On a traffic issue. And they charge so much for a traffic ticket now it's cheaper to sue them in the Fed than to pay the ticket.
[01:52:12.000 --> 01:52:21.000]  Well, that's good news that the clock hasn't really started ticking on the appeal until the judge finds that order.
[01:52:21.000 --> 01:52:27.000]  Now, you need to keep checking to make sure because he doesn't have to send you that order.
[01:52:27.000 --> 01:52:39.000]  I just checked the courthouse today and the clerk confirmed that there's been no order.
[01:52:39.000 --> 01:52:59.000]  And that brings up one more point in my conversation with the clerk. It was about the court reporter because the court reporter won't give me a copy of the recording.
[01:52:59.000 --> 01:53:12.000]  Oh, okay. In Texas, we had an issue in the family court with a court reporter who didn't show up for a hearing.
[01:53:12.000 --> 01:53:25.000]  And so we had the litigant in the case file a professional conduct complaint against the court reporter.
[01:53:25.000 --> 01:53:37.000]  And holy mackerel, you know, court reporters aren't policed by court reporters like lawyers and judges police themselves.
[01:53:37.000 --> 01:53:46.000]  But there's a professional conduct commission for court reporters. And man, it got serious.
[01:53:46.000 --> 01:54:03.000]  She had to go from work 200 miles from Austin. She had to go to Austin to a hearing, an administrative hearing. And if she didn't agree with the outcome of the administrative hearing, then she would have to stand trial criminally.
[01:54:03.000 --> 01:54:16.000]  So they go to the hearing and you got to put the Ann Diamond was the head of the civil division for the district attorney's office and has been for 20 years.
[01:54:16.000 --> 01:54:28.000]  She's down there and they're throwing each other under the bus because the judge told Ann to tell the clerk to be there and the clerk said she didn't tell me.
[01:54:28.000 --> 01:54:39.000]  And the prosecutor said, yeah, you did. So you got members of the good old boy club throwing each other onto the bus.
[01:54:39.000 --> 01:54:43.000]  That was incredible.
[01:54:43.000 --> 01:54:48.000]  So you do a professional conduct complaint.
[01:54:48.000 --> 01:55:03.000]  Wait a minute. Did they have a actual licensed court reporter or do they just keep a voice recording? Does the clerk just make a recording?
[01:55:03.000 --> 01:55:06.000]  They had a licensed court reporter.
[01:55:06.000 --> 01:55:08.000]  Oh, wonderful.
[01:55:08.000 --> 01:55:18.000]  And then you file a professional conduct complaint against her. She wants to give you the transcript. Is that correct?
[01:55:18.000 --> 01:55:25.000]  Oh, yeah. Yeah. And it does not. It will not match the recording. I mean, I know for a fact.
[01:55:25.000 --> 01:55:30.000]  So I suggest that you pay for the transcript.
[01:55:30.000 --> 01:55:36.000]  And oh, did you make any recordings of your own?
[01:55:36.000 --> 01:55:45.000]  No, I did not. If I could have done it over again, I would have. But I've already got a copy of the transcript. It was free.
[01:55:45.000 --> 01:55:46.000]  Oh.
[01:55:46.000 --> 01:56:00.000]  Because the county pays for it. And since the county pays for it, according to Georgia law, she does not have a right to the recording. It's not her property. It's a public record.
[01:56:00.000 --> 01:56:11.000]  Then you need to petition the county court for a writ of mandamus.
[01:56:11.000 --> 01:56:16.000]  Are you familiar with what a writ of mandamus is?
[01:56:16.000 --> 01:56:25.000]  It's pretty much, if I understand that correctly, it's pretty much forcing their hand, right?
[01:56:25.000 --> 01:56:38.000]  It's an order by a higher court directing an official to do something that the official is required to do.
[01:56:38.000 --> 01:56:44.000]  So you just bump it up out of her court into a higher court.
[01:56:44.000 --> 01:56:56.000]  And then when the higher court refuses, then you appeal that to a higher court and you just force these guys into court with you.
[01:56:56.000 --> 01:57:02.000]  But I do suggest a professional conduct complaint.
[01:57:02.000 --> 01:57:08.000]  Because probably she doesn't want to give the recording because she's trying to protect the judge.
[01:57:08.000 --> 01:57:09.000]  Exactly.
[01:57:09.000 --> 01:57:17.000]  You go after her professionally, the judge is not going to come to her aid.
[01:57:17.000 --> 01:57:28.000]  She's likely not to be a happy camper because now her license is at risk.
[01:57:28.000 --> 01:57:34.000]  Yes, she'll have a new set of tire tracks up the back of her dress.
[01:57:34.000 --> 01:57:39.000]  Yep.
[01:57:39.000 --> 01:57:42.000]  We were really surprised at how well that worked here in Texas.
[01:57:42.000 --> 01:57:44.000]  Holy mackerel.
[01:57:44.000 --> 01:57:49.000]  It got really exciting.
[01:57:49.000 --> 01:57:53.000]  Okay, do you have anything else for us?
[01:57:53.000 --> 01:57:55.000]  I believe that's it for tonight, Randy.
[01:57:55.000 --> 01:57:57.000]  Thank you so much.
[01:57:57.000 --> 01:57:59.000]  Good, but work over that court reporter.
[01:57:59.000 --> 01:58:01.000]  That would be great fun.
[01:58:01.000 --> 01:58:03.000]  Okay, thank you, Sonny.
[01:58:03.000 --> 01:58:09.000]  Okay, now we're going to Oliver Olivier in Texas.
[01:58:09.000 --> 01:58:11.000]  Hello, Olivier.
[01:58:11.000 --> 01:58:13.000]  Hey, Tom, Randy.
[01:58:13.000 --> 01:58:17.000]  I was just wondering, is that French or coon ass?
[01:58:17.000 --> 01:58:18.000]  It's French.
[01:58:18.000 --> 01:58:20.000]  Oh, it's French, okay.
[01:58:20.000 --> 01:58:28.000]  I had a sister that married a guy from Lake Charles, Louisiana, and they were all coon asses.
[01:58:28.000 --> 01:58:30.000]  They hated red bones.
[01:58:30.000 --> 01:58:34.000]  Louisiana was like going to a different country.
[01:58:34.000 --> 01:58:36.000]  I loved it down there.
[01:58:36.000 --> 01:58:43.000]  Okay, what do you have for us tonight, Olivier?
[01:58:43.000 --> 01:58:50.000]  I'm trying to figure out what kind of position I put to court here.
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